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HomeMy WebLinkAbout12-07-1999 ~l becember 7, 1999 Agenda Packet f. c, AGENDA AW49Na_qj: CffY OF DENTON CITY COUNCIL Ili December 7, 1999 Dade I Work Session of the City of Denton City Council on Tuesday, Dec^.mber 7, 1999 at 5:00 p.m. in the Council Work Session Room at City Nall, 215 E. McKinney Str:ct, Denton, Texas at which the following items will be considered: NOTE: A Work Session is used to explore matttit of Inter, st to one or more City Council Members or the City Manager for the purpose of giving sta1T direction into whether or not such mailers should be placed on a future regular or special meeting of She Council for citizen Input, City Council deliberation and formal City action, At a Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committee,;, and the individual or organization proposing council action, if Invited by City Council or City Manager to partUpate in the session, Participation by Individuals and members of organizations Invited to speak ceases when the Mayor announces the session Is being closed to public Input. Although Work Sessions are public meetings, and rtitens have a legal right to attend, they are not public yerirlnp- so citizens are not allowed to participate in the session unless Invited to do so by the Nlayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all cititcns prior to the regular meeting at which citizen input is sought. The purpose of this procedure Is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend h -m- Zings. 1. Rccc , , a r:•t art nd hold a discussion with leadership lkaton. Regular Meeting of the l ity of Denton City Council on Tuesday, December 7, 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: 1. Pledge of Allegiance A. U.S. Flag B. Texas Flag "honor the Texas Flag I pledge allegiance to thee, Texas, one and Indivisible." 2. Consider approval of the minutes of October 26, 1999. PRESENTATIONS/PROCLANIATIONiS 3. Ucccmbcr Yard of the Month Awards 4. Proclamations A. Arbor Day 11. Police Appreciation Day t C, Resolution of Appreciation for Bill Giese r AI 5. Announce the start of the Visual Quality Sun-ey for participation by all citizens. C'i1IXI:Y REPORTS 6. Receive a report from Mildred Hawk regarding historical Iron bridges. r City of Denton City Council Agenda I)cccm(xr 7, 1999 w Page 2 , 7. Receive a report from Bryan Buchanan regarding 103 Woodrow lane property - installation of a fire hydrant subject to approval of final plat. 8. Receive a report from County Commissioner Jim Caner regarding general update of county issues, 9. Receive a report from Ross Melton; "You've Got Mail 1" COMPRCIIENSIVE PLAN ITEMS 10. Continue a public hearing from November 15th, 1999 and consider adoption of an ordinance of the City of Denton, Texas adopting the comprehensive plan as an official policy document Intended to guide future community growih and development decision- making as authorized by Chapter 219 of the Texas Local Government Code and the Charter of the City of Denton, providing for repeal of all ordinances in conflict hcrewilh; providing a severability clause; providing a savings clause; and providing an effective date. 11. Bold a joint public hearing with the Planning and Zoning Commission and the City Council pursuant to Texas lACal Government Code §211.007 (b) to hear citizen comments regarding an ordinance of the city of Denton. Texas, establishing Interim standards for applying policies of the adopted comprehensive plan to requests for zoning amendments and certain specifieJ development applications pending adoption of a revised land development cods; providing for administration of such standards; providing for exemptions; providing for severability; providing an effective date; and providing a J savings clause. Auer all interested pcrscros have been provided with the opportunity to 1 provide comments and the public hearing has been closed, the following actions will be taken. a. Planning and Zoning Commission deliberations and recommendation regarding the ordinance to City Council; and b. City Council deliberations and consideration of adoption of the ordinance. 11 C'nnsidcr adoption of an ordinance of the city of Denton, Texas, establishing a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plan to requests for zoning amendme its and certain specified development applications prior to adoption of a revised land development code; providing for exemptions; providing for scverability; and providing an effective date. CONSENT AGENDA , Fach of these items is recommended by the Stafford approval thereof will be strictly on the brsls A, - of the Staff recommendations. Approval of the Consent Agenda authorizes the City manager or hb designee to implement each item in accordance with the Staff recommendations. The City Council his recessed 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 13.4 1). This listing is provided on the Consent Agenda to allow Council Members k, t. I . l ; i I City of Denton City Council Agenda December 7, 1999 Page 3 discuss or withdraw on item prior to approval of the Consent Agenda, If no items are pulled, Consent Agenda Items 13.41 below will be approved with one motion. If items are pulled for separate discussion, they mill be considered as the first items under "Items for Individual Consideration", 13. Consider approval or a tax refund to MBS S"-d, Inc. in the amount of $601.67. The 1999 property taxes were paid twice. 14. Consider approval of a tax refund to Norwest Mortgage for Jeffery L. Kruger In the amount of $553,26. The 1998 property taxes were paid twice. 13. Consider approval of a tax refund to First American Controlled Disbursements for Northpoint Apt., LTD In the amount of $1,654.02, The 1998 property taxes were paid twice. 16. Consider approval of a tar refund to Lereta Corp. for Jeffery W. Dixon in the amount of I $560.66. The 1998 property tares were paid twice. 17. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of Baseball Field Lighting Facilitics; providing for the expenditure of funds therefore; and providing an effective date. ([lid #2423 - Mack Park Baseball Field Lighting awarded to Groves Electrical Service, Inc, • $117,960) 18. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of roof repairs; providing for the expenditure of f,tnds therefore; and providing an effective date. ([lid 02430 - Reroofing the I)cnton Electric, Praluction Plant awarded to CBS Rooting Scnices, Inc. In the amount of $43,500) 19. C'unsider adoption of an ordinance for the expenditure of funds for emergency purchase of materials, supplies or services in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding and providing an effective date. (P.O. 401364 - Uscar Renda Contracting, Inc. In the amount of $67,335) 20. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Collin County and awarding a contract for the rental of pager service; pruviding for the expenditure of funds therefore; and providing an effective date, (Interhxal Agromnicot File 42437 - Pa,Zcr Seniec Collin County Interlocal Agreement awarded to Air Touch Paging, estimated total annual expenditure S30,000) 21. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the llouston•Galveston Area Council of Governments (II-GAC) for the acquisition of a Street Sweeper by way of an Inlerlocal Agreement with the City of Denton; authorizing the expenditure of funds therefore; and A, , providing an cricelke date, (Purchase Urder #0174: 'o ll-GAC - 5136,218.78) 1 1 22. Consider adoption of an ordinance authorizing the City Manager to execute a Prufcssional Services Agreement with Baylor Medical Center at Grapevine and Dr. John Ansohn to provide Medical Control Services for the City of Denton Fire Department as set forth in the contract; providing for the expenditure of funds therefore; and providing i tt. M l I ' i i i City of Denton City Council Agenda December 7, 1999 Page 4 an effective date. (RFSP #2414 - Professional Services Contract for Medical Control Services awarded to Baylor Medical Center at Grapevine and Dr. John Ansohn in the amount of $62,750) 23. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Senices Agreement with SOS Witter, Inc. to provide professional services for construction management of 69KV transmission facilities construction and related services as set forth in the contract; providing for the expenditure of funds therefore; and providing an effective date. (RFSP #2429 - Con!ztructlon Management Services awarded to SGS Witter, Inc, in the not to exceed amount of $73,200) 24. Consider adoption of an ordinance awarding a contract for the purchase of materials, supplies or services as awarded by the State of Texas General Services Commission through a Qualified Information Services Vendor (QISV) catalogue; providing for the expenditure of funds therefore; and providing an effective date. (P.O. 900987 to NTCS. Inc. in the amount of $49,350) 25. Consider adoption of an ordinance awarding a contract for the purchase of materials, ` supplies or services as approved by the Stale of Texas General Services Commission through a Qualified Information Services Vcudor (QISV) catalogue; providing for the expenditure of funds therefore; and providing an effective date. (P.O. #00989 IBM - $100,587) 26, Consider adoption of an ordinance awarding a contract for the purchase of materials, supplies or services necessary for the upgrade of soliware as awarded by the State of Texas General Services Comrnission, Department of Information Services (DIR); providing for the expenditure of funds therefore; and providing an effective date. (P.O. #01744 to Sotlware Department-Department of Information Resources (DIP)-$154,000) 27. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the rental of heavy equipment; providing for the expenditure of funds therefore; and providing an effective date. (Bid 02424 - Rental of Heavy Equipment awarded to 'I KO Equipment Company for Items 1.12 and Nations Reat Item 13, and I toward McAnear Item 14) i 28. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of tree trimming services; providing for the expenditure of funds therefore; and providing an effective date. (Bid 02426 -'Tice Trimming - Horton Tree Services in the annual estimated amount of $25000) 29. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Padmounted Interrupter Switchgear; providing for the expenditure of funds therefore; and providing an effective date. (Bid 42431 - Switchgear r' , c and Puffer Interrupters awarded to Temple, Inc.-estimated annual expenditure-S 110,000) 30. Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal cooperation agreement between the City of Denton and Denton County for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions ofsaid agreement; and providing for on effective date. , t. t I i City of Fenton City Council Agenda December 7, 1999 ! Page S 31. Consider adoption of an ordinance authorizing the City Manager to execute a contract with Interfaith Ministries of Denton, Inc. to administer the P-L•U•S One Program; and providing for an effective date. 32. Consider adoption of an ordinance authorizing the Mayor to enter into an interlocal cooperation agreement with Derlon County for library services; and providing an effective date. 33. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Parks Foundation for the payment and use of hotel tax revenue and providing an effective date. 34. Consider adoption of an ordinance authorizing the Mayor to execute an agreement betucen the City of Fenton and Denton County for the payment and use of hotel tax revenue in support of the Denton County Historical Commission; and providing an effective date, 35. Consider adoption of an ordinance authorizing an increase to the tale of contribution to the City of Denton Fire Fighters Retirement System by the City; and establishing an effective data for the ordinance. 36. Consider adoption of an ordinance authorizing the City Manager to execute a water main prorata reimbursement agreement between the City of Denton and Naliomside Housing Systems for reimbursement of the costs of building a water main, through protala charges paid to the City; authorizing the transfer of funds pursuant to the agreement; and ' providing an effective date, 37. Consider adoption of an ordinance authorizing the City Manager to execute a water main cost participation agreement between the City of Denton and PFS Development, Inc, for the City's participation in the oversizing of a water main and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefore; and providing an effective date. 38. Consider adoption of an ordinance authorizing the City Manager to execute a sewer main prorata reimbursement agreement between the City of Denton and Kaufman and Broad of Dallas, Inc, for reimbursement of the costs of building a sewer main, through prorata charges paid to the C hy; authorizing the transfer of funds pursuant to the agreement; and providing an effective date. 39. Consider adoption of an ordinance authorizing the City Manager to execute a water main cost parlicipelion agreement between the City of Denton and Arthur V, and Rebecca 0, king for the City's participation in the oversizing or a water main and in accordance with the tcnas and conditions of this ordinance; authorizing the expenditure of funds therefore; and providing an effective date. 40. Consider adoption of an ordinance authorizing the City Manager to execute a water main cost participation agreement between the City of Denton and the Preserve at Pecan Creek Partners. 1,11). for the City's participation In the oversizing of water mains and In r. t C;ty of Denton City Council Agenda December 7, 1999 Page 6 accordance with the temis and conditions of this ordinance; authorizing the expenditure of funds therefore; and providing an effective date. 41. This item has been pulled from consideration. PUBLIC 14EARINGS 41 Hold a public hearing and consider an ordinance granting approval of a surface use of a portion of the Denton Branch Rail/Trail approximately 2000 feet south of Walton Road for the installation of a public street in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an casement and providing an effective date. 43. Hold a public hearing to receive Input concerning an ordinance amending Chapter 26 of the Code of Ordinances of the City of Denton by adding thereto Section 26.233 "Water Conservation and Drought Conlingency Plan" and Section 26.234 "Criminal and Civil Penalties", adopting a water conservation plan in accordance with the requirements of the law; adopting a drought contingency plan; establishing criteria for the initiation and termination of drought response stages; establishing restrictions on certain water uses; establishing procedures for granting variances; providing a criminal penalty not to exceed $2,000 per violation and a civil penalty not to exceed $1,000 per day per violations and various 2016 surcharge penalties on excessive water use; providing a savings clause; providing a scverability clause; and providing an effective date 44. this item has been pulled from consideration, Pethione• has withdrawn zoning application. 45. Hold a public hearing and consider a request for a specific use permit (SUP) for a manufactured home park on approximately 86.0 acres. The site is in an Agricultural (A) zoning district. It is located roughly six hundred feet north of Loop 288 on the west side of Stuart Road. The Planning and Zoning Commission recommends approval (5.1) with conditions. (2,99.0,41, Beaver(reek) I DFN15 FOR INDIVIDUAL CONSIDERATION 46, Consider adoption of an ordinance to voluntarily annex approximately 24 acres of land located at the southwest corner of Silver D omc and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. First reading ofordinance. (A•96, Silver Dome at Cooper Creek) r r, 47. Consider adoption of an ordinvtce amending Article III of Chapter 28 of the Code of ! I" \ r,. Ordinances of the City of Denton, Texas, ("Electrical Code") by repealing the 1996 National Electrical Code with certain amendments and providing for the adoption of the 1999 National Electrical Code with certain deletions and amendments; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective dal?. 11. tCity of Denton City Council Agenda December 7, 1999 Page 7 48. Consider adoption of an ordinance approving a real estate contract between the City of Denton, Calvin Woolaver and Calvin Wayne Aloolaver relating to the purchase of Lot 1 and the cast 13 113 feet of Lot 2, Stroud Addition for Flood Mitigation Assistance Project Grant, Texas Water Development Board Contract No. 99.001.027; authorizing the expenditure of funds therefore; and providing an effective date. 49. This item has been pulled from consideration. 50. Consider adoption of an ordinance authorizing the third amendment to the airport lease agreement for fixed base operation (F'BO) activity between the City of Denton and Texas Air Center, Inc.; and providing for an effective date. 51. Consider adoption of an ordinance of the City of Denton, Texas establishing rates for rental of aircraft hangar and tie-down space owned by the City upon the Denton Municipal Airport; authorizing the City Manager to enter into contracts for the rental of such property and declaring an effective date. 52. Consider approval of a resolution to declare the intent to reimburse expenditures from the unresened fund balance of the General Fund with Certificate of Obligation bonds so that a project approved In the 1999-2000 Capital Improvement Program budget more fully described in the attachment to this resolution may be commenced; and providing an effective date. 53. Consider approval of a resolution authorizing the intervention in rrxecdings relating to TXU Lone Star Pipeline's request to increase the city gate :ate; authorizing the employment of special counsel and rate consultants as needed; and providing an effective date. 54. Consider adoption of an ordinance authorizing the City Manager to enter Into a first amendment to the professional services agreement with Diversified Utility Consultants, Inc. to perform an audit and a franchise review of TXU Electric and Gas; authorizing the expenditure of funds therefore; and providing an effective date, 55. Consider adoption of an ordinance authorizing the City Attorney to institute litigation against W IMA I loldings. Ltd.. and other potential defendants, to abate a nuisance, enforce statutes, regulations and ordinances relating to ffoodplain management, and for extraordinary relief; ratifying prior actions. and declaring on effective date, 56. Consider adoption of an ordinance on third reading granting to Denton County Metric Cooperative, Inc., doing business as CoScrv Electric, a franchise for the purpose of constructing, maintaining, and using an electric utility system in the City of Denton; A, - regulating the construction work done by the grantee in the City; prescribing the duties, r responsibilities, and rule-making authority of the City Manager and the City with respect to administration of this franchise; providing for enforcement of the franchise; prescribing the compensation to be paid the City by the grantee for the franchise privilege; setting forth the term of the franchise, providing for a severability provision; providing for acceptance of the franchise by grantee; and providing an effective date City of Denton City Council Agenda Decenober 7, 1999 Page 8 57. Consider nominationslappointments to Boards and Commissions. $8. Miscellaneous Matters from the City Manager, 59. New Business This item provides a section for Council Members to suggest items for future agendas. 60. Possible Continuation of Closed Meeting under Sections 551,071.551.086 of the Texas Open Meetings Act. 61. Oflicial Action on Closed Meeting under Sections 551.071.551.086 of the Texas Open Meetings Act, CERTIFICATE 1 certify that the above notice of meeting was posted on the bulletin board at the City Hail of the City of Denton, Texas, on the day of _ 1999 at o'clock (a.m.) (P.m.) CITY SECRETARY NOTE: TIIE CITY OF DENTON CITY COUNCIL CFIAMBFRS IS ACCESSIBLE IN ACCORDANCE '61111 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 CIFY SECRETARY'S OFFICE AT 749.8109 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF ('IUD) BY CALLING 1.800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCIEDULED TIIROUGH TIIE CITY SECRETARY'S OFFICE. i 1 I I t1 I Apendtt No ' CITY OFDENTONCIT'YCOUNCIL MINUTES AQendtlbtr► - w October 26, 1999 Dale After determining that a quorum was present and convening In an open meeting, the City Council convened in a closed meeting on Tuesday, October 26, 1999 at 5,30 p,m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tem Beasley; Council Memhers Burroughs, Cochran, Durrancc, and Kristorerson. ABSENT: Mayor Miller, Council Member Young I. The Council considered the following in Closed Meeting: A. Consultation with Attorney - Under TEX, GOVT. Code Section 531.071. 1. Discussed status of litigation including a proposed ordinance authorizing the City Manager to execute a contract for professional legal services with Wolfe, Clark, Henderson do Tidwell to provide legal services with regard to litigation styled Alunh-1pal Adm1ntslrullre Sen,lcer, 1nc. v. City of r entom Cause No. 99.50263.367 filed in the 367T0 District Court of Denton County; authorizing the expenditure of funds therefore; and declaring an effective date. The Council convened Into a Work Session on Tuesday, October 12, 1999 at 6:00 p.m. In the Council Work Session Room In City Hall. I. 'he Council received a reporl, held a discussion, and gave staff direction regarding funding options for the 2000 Capital Improvements Program. Deputy City Manager, Rick Svehla, stated that the Planning and Zoning Commission and the City Council had approved a Capital Improvement Program project list for 534.97 million. He stated that there were several options to consider. 'I he first option would result in a one and one-half cent tax increase in the second, third, and fourth years of the C'IP program, and one-hair cent in the last year, The second option would implement a two-cent tax increase in the second and third year and three quarters of a cent tax increase In the fourth year and one-quarter cent tax increase in the fifth year. The third option was dependent upon a six percent annual growth with no tax increase, which would result in an eight-year program. All options recommended no tax increase in the first year. Starr recommended the second option. Ile stated they would be able to do more projects earlier with this option. It would result in S.03 in tax increases over the life of the program. Euline Brock, Chairman of the 2000 CIP Committee, advised the Council that the Committee Al o favored option 2. Consensus of the Council was to proceed with option 2. V I~ I Svchla stated that they would bring an ordinance calling for the bond election back to the Council on November 2. 2. The Council received a report, held a discussion, and gave staff direction regarding the revised draft Comprehensive Plan. Dave Hill, Assistant City Manager of Development Services, stated the following chapters needed further review, 1, 2, 3, 4, 6, 14, 16, 17, and 21. Iferb Prouty, City Attorney, stated that Terry Morgan had recommended that the council review public facilities and enviromnent. Prouty asked if there were four council members that wanted to have a more intensive review of the Plan, Council Member Durrance asked if a joint meeting with Terry Morgan could be held to address some of the questions being raised. I lill stated that Morgan could recommend use of the plan to the Council. The Council decided to have Terry Morgan address Council Member Kristoferson's questions as to legality, and any other revisions that council might have and bring them back to the November 9 work session and discuss some of the possible legal issues. I i Following a brief recess, the Council decided to consider other agenda items and return to this item folloN ing completion of those items. S. The Council received a report on the public transportation planning study and gave staff I direction regarding recommendations for improvements to the public transportation system. 1 Veronica Rolen, Public Transportation Coordinator, stated that the City had received funding for a Irdnsil planning study to provide an Improvement plan for the public transportation system. The consultant, KFII Group, Inc., cited several areas where the system could be improved to provide better service. The consultant suggested eliminating the loop routes and set up routes (tith a specific destination which would reduce ride time. The consultant suggested providing an j alternative to a fixed route for low ridership areas that had a transit need. Other recommendations included renaming the system, marketing and promoting the service, and transfer center improvements. Rolen stated that in order to generate the aighcst ridership at the most efficient cost, the consultant determined that a traditional fixed-route Iype of service should continue. The consultant analyzed the existing ridership patterns to determine origins and destinations of the current system. They also interviewed drivers and customers and held public meetings to solicit comments. Council Member Durrance asked about the proposed chant,es to the routes and whether the to current riders would be instructed in the changes in the routes. tr f Rolen stated that current riders would be informed at the public meetings. Council Member Cochran stated that the new routes may not work for all riders and asked if there was room for modifications to the proposed routes. Rolen stated that Input from the riders and drivers would help them determine the tow ridership patterns, She stated that a certain area might not support a fixed route, yet the area had a level of transit need. 1 hese areas could be served on a demand response type service, which would be flexible. Rolen stated that marketing the transit system was very important to its success. The consultant recommended keeping the budget low while getting widespread exposure. She stated they would have a contest at the schools to he:;) name the system. Cochran stated that at one time Denton had a transportation system that was named Goo-,e. Counci; Member Burroughs asked if there would be bike racks at the bus stops so as to encourage other types of riders. Rolen stated that bike racks could b, installed on the buses. Council Member Durrance stated that the transit shelters and benches should reflect the spirit of the City of Denton. Consensus of the council was to proceed with the timeline as presented. 3, 1'he Council received a report, held a discussion, and gave staff direction regarding implementation of the Fry Street Small Area Plan, including the creation of n Fry Street 7,o,ting Overlay District. Dedra Rag'and. Small Area Planning Manager, stated that the Council adopted the Fry Street Small Area Plan in June She stated that the Plan recommended the creation of a special inning district to address off-street par4.ing, minimum area and height requirements, location of solid waste containers, residential densities, and sign regulations, She stated that a meeting was held with Fry Street area merchants and property owners to discuss the creation of the Fry Street Zoning Overlay District and the specific requirements of the district. the height and area requirements, location and consolidation of solid waste containers, maximum residential and nonresidential densities, and sign regulations were developed and presented in the draft Yry Street Zoning Overlay District Ordinance. The draft Loiterir.y 4 -Id Glass Container Ordinance Has also developed and presented to the merchants and property otsners. Parking was the most discussed issue and three options were presented. The three options were; r (I) to red the parking requirements for existing and new restaurant, retail, private club, etc, ' from one ; rking space for each 100 square feet of floor area to one parking space for each 200 f square feet of floor area; (2) to maintain the present number of off-street parking spaces associated with existing development and exempt new non-residential development from the 1 ~ltI I I~' F I, provision of additional off-street parking spaces with two exceptions-[the conversion of residential uses to non-residential uses and the expansion of floor area that exceeded 25% of the existing floor area would require the provision of additional off-street parking]; and (3) exempt all non-residential development (new and existing) from the provision of off-street parking requirements with one exception-[the conversion of residential uses to non-residential uses would require the provision of additional off-street parking]. Ragland stated that staff recommended Option 1. City Attorney, Herb Prouty, stated that the Legal Deparunem would need to look at the draft loitering ordinance to determine if it was unconstitutional. Ile stated there might be some changes made to the glass container ordinance. Council Member Cochran questioned the multi-family parking requirements and stated that some business owners do not have any parking and wanted to know what the long-term implications would be. Ragland stated they had discussed with the stakeholders the possibility of spillover parking into the residential neighborhoods and how to deal with it. Council Member Kristoferson stated that the multi-family parking requirements needed to be revisited. Council Member Durrance asked if anyone had visited with UN"r regarding spillover parking, Ragland stated there was spillover parking allowed at night. Alayor Pro "rem Boasley instructed staff to look at the parking requirements, glass container ordinance, issues with dumpsters, and signage issues. 4. The Council received a report, held a discussion, and gave staff direction regarding the Draft Scope of Work for the Denia Ncighborheod Small Area Plan. Dadra Ragland. Small Area Planning Manager, stated that staff suggested holding a meeting with neighborhood representatives and City staff to Identify specific issues and develop an action plan for addressing the issues. After the completion of the Development Code rewTite, staff could then reassess the need for a Denia Small Area Plan. Consensus of the Council was to proceed with staffs recommendations. 6. The C'ouneil received .t report, held a discussion, and gave staff direction regarding the preparation of the City's annexad.)n plan, including the effect of Senate Bill 89, which enacted several amendments to state annexation law. i i Dave Hill. Assistant City Manager of Development Services, slated that the legislature had A, ( ; enacted amendments to annexation requirements that placed significant and complex restrictions on municipalities considering annexation. Ile stated all municipo lities must approve a three-year annexation plan no later than lkeember 31, 1999, even if the municipality had no land being `I .j i considered for annexation. The annexation plan must list any land to be annexed within a three- t year period. If the land was not annexed within the time period specified, the city could not reconsider the area for annexation for one to two years. Hill stated the city could approve a resolution that simply stated that no land was Identified on the three-year annexation plan. Exemptions could be claimed on areas to be annexed where fewer than 100 dwelling units would be located. Consensus of the Council was to proceed, s • outlined and to amend the schedule as noted. The Council continued with Item #2. 2. The Council received a report, held a discussion, and gave staff direction regarding the revised draft Comprehensive Plan The Council reviewed proposed changes and made recommendations for further refining of the document. Council Member Burroughs reported on a meeting of the air quality control committee that he attended. With no further business, the meeting was adjourned at 11:45 p.m. I I RONI BEASI EY, MAYOR PRO TEM CITY OF DENTON JANE RICHAROSON ASSISSTANT CITY SECRETARY CITY OF DENTON r r,rlr` v~ JJ 1 a ` ~ I r r. A;,anda Itot1~ ~N` a AGENDA INFORMATION SHEET AGENDA DATE: December 7`,1999 DEPARTMENT: Planning& DevelopmeotD erlment CM/DCM/ACM: Dave Hill, 349-831 SUBJECT Continue a public hearing from November 10, 1999 and consider adoption of an ordinance of the City of Denton, Texas adopting the comprehensive plan as an official policy document intended to guide future community growth and development decision-making as authorized by Chapter 219 of the Texas Local Government Code and the Charter of the City of Denton; providing for repeal of all ordinances in conflict herewith; providing a severability clause; providing a savings clause; and providing an effective date, BACKGROUND The draft City of Denton Comprehensive Plan has been prr,aced for Council adoption on December 7`h, 1999. I A series of draft comprehensive plan public hearing continuances began on October 10, 1999, The public hearing was continued by Council to November Ie. In the interim, Council conducted drag Plan work sessions on October 26'h and November 0, rnd decided to extend the review process to December V% 1999. The public hearing was then open.*d on November 16'° and continued to Dcccmbcr 71h, Council Members last reviewed the draft Plan on November 9'4 , and made several revisions. Major changes that arc reflected in the revised Plan (attached as Exhibit A) include: 1. The average density in new residential areas has been changed to 3 dwelling units per gross acre, instead of4 dwelling unite per gross acre; 2. The 1.35W regional mixed use center hcs been extended to facilitate the creation of a "corporate corridor" from the Crawford Road exit to the Ponder Road exit; 3. The draft Plan was reformatted as necessary to improve its legal sufficiency; and 4. An interim ordinance has been be prepared to provide development review criteria that will be used between the time of comprehensive plan adoption and the adoption of a new development code. During a special called meeting on November 151h, 1999, Council members reviewed and approved a draft schedule devisod to adopt the drag Plan and an interim ordinance on December 7 h. 3PIJONS 1. Open the public hearing and continue it to a later date, reserving additional meeting time for further revisions. I ~ t. I 1 I 1 i 2, Close the public hearing and postpone Plan adoption to a later date. 3. Close the public hearing and adopt the Plan on December 7`h, 1999. RECOMMENDATION Pending comments received on D.xember 7'h, staff recommends adoption of the Plan. The interim ordinance will be considered seppaately immediately afterward, during ajoint public hearing with the Planning & Zoning Commission If adopted, Planning stafrwill prepare the comprehensive plan and appendices for final review and publication. ESTIMATED PROJECTS HED December 7"' Continuation of November 1601 Public Hearing & Consideration ofAdoptien of the Comprehensive Plan December 7'h Joint City Council / P&Z public hearing and consideration of an Interim bevclopmcnt Standards Ordinance December 1`h City Council consideration of short-term moratorium if adoption of the Interim Development Standards Ordinance is postponed PRIOR ACTION/ F.VIF;,}i Date (all In 19991 Draft Comprehensive Plan Review Activity February 2)'d City Council Review: Introduction, Population Forecasts, & Growth Managcment Strategy Chapters March 30 City Council Review: Infrastructure Chapters (Transportation, Water, Wastewater, Stonnwater Drainage, Solid Waste, Electric Utilities) April 13" City Council Review: Parks & Open Space, Urban Design, "The Street", & "The Edge" Chapters April 27`h City Council Review: Historic Preservation, Public Facilities, & Economic Diversification Chapters May I V h City Council Revicw: Em ironmcntal Management & Public Involvemett Chapters May 21 City Council Retreat Review: Land Use Chapters (Residential, Commercial! Retail, Civic I Institutional, Industrial, Special Districts), Recommended Land Use Plan, Implementation Strategy, "Maintenance I Enforcement", & School Districts Chapters June 22"d City council Release ordran Comprehensive Plan for public review Approval of Public Involvement Schedule June 23rd P&Z Review Session (during Regular Meeting) ' July 14'h P&Z Rcvicw Session (during Regular Meeting) July 21" P&Z Review Session (Special Called Meeting) J1,1y 26'h Public Meeting- Denton High School July 28`h P&7, Review Session (during Regular Meeting) July 29'h Public Meeting - Center for Visual Arts 2 u I August 2"d Public Meeting - Wilson Elementary August 5'h Public Meeting - Borman Elementary August 9'h Public Meeting - Sam Houston Elementary August 11'" P&Z Review Session (during Regular Meeting) August 12'h Public Meeting - A:LK Recreation Center August 140h Public Workshop -'Calhoun Middle School August 250' First P&Z Public Hearing September 7 h First City Council Public Hearing September 8'h Second P&Z Public Hearing: P&Z Commissioners forwarded several concems to City Council, declining to make a recommendation to City Council until revisions are made, by a unanimous vote September 14'h City Council Revisions Work Session September 21" Second City Council Public Hearing September 22nd P&Z Public Hearing October 0 Joint City Council - DISD Board Meeting to discuss "Schools" Chapter October 12'" City Council Work Session October 13'h Third P&Z Public Hearing: P&Z Commissioners forwarded several comments to City Council, declining to make a recommendation to City Council, by a vote of 5.2 (Gourdie and Englobrecht opposed) October 19"' Third City Council Public Hearing (continued to November t6') October 26`h City Council Work Session November 9'h City Council Work Session November I S'h City Council Special Called Meeting: Approval of Revised Review Schedule November 16'h Continuation of October 19`h Public Hearing IISCAL UNFORMATION The draft Comprehensive Plan has been produced using existing city staff resources once the Growth Management Strategy was completed and approved by City Council. The Comprehensive Plan, upon adoption, will influence significant public and private investment and funding decisions for several years Into the future. ATTACHMENTS Exhibit A: Draft Comprehensive Plan Rea t(bllysub 'fled A, ' 4 D~a~v~,iI1 Arilstant City Manager, Development Services 4 ~t c Lin 'x~• 14 ' r Ali It 1 FT 1 • ton ehensive Phan f 1999 - 2020 - ter,-.±~ • T~ f • L ' • ions Velosi n #5 , Decembe 7th, 1999 kAb z, EXHIBIT A ~ 1 rcp:urd b,~ the ('Its of Ilcnti l 1)cp irtnunt'+ ('otnprrhensisc flan J ( Itifcns of Wilton, the ('it) ('oun parks rccreahon. crigincerim-,. ~~~111 ( m n agar's office, and the utilities, economic detclopmenl, ttnanee,po ' Y 1 meal and IekaI departnte i • It Revised Comprehensive Plan December 7th, 1999 GENERAL NOTES THIS IS A REVIEW DOCUMENT ONLY. PLEASE REFER TO THE JULY 9TH, 1999 DRAFT COMPREHENSIVE PLAN FOR MOST FIGURES, TABLES, AND TEXT BOXES THAT HAVE NOT BEEN ELIMINATED OR ARE REFERRED TO WITHIN THE TEXT OF THIS DECEMBER 7TH, 1999 VERSION. All tables, figures, and text boxes will generally remain the same as printed in the July 9°,1999 draft comprehensive plan except as noted within the text of the November e, 1999 revisions, previous revised versions or as follows: FIGURE 2.1 Population Forecasts by Sub-Area Map (Black 6 White Copy) Revisions made to include all annexations of land Into the city limits that occurred since preparation of this map In 1998. FIGURE 4.1 Land Use Plan Revision made to reflect City Council change of land use south of IH35E and east and west of Teasley Lane (Map A), Land originally indicated as downtown university core changed to reflect existing reside ntiallinfill compatibility east Teasley Lane and community mlxed-use centers west of Teasley Lane. Enlargement of the Regional Mixed Use Center at IH35W (Map B), plus expansion of the urbanizing area as exhibited in Maps C and D. NEW CHANGES: South of Hickory Creek and east of Highway 377 was changed from Neighborhood Centers to Rural District. Subdivisions under construction were added to the Existing Nelghborhoodsllnfill CompaUbility. Two environmentally sensitive areas are designated on the plan. FIGURE 7.1 Mobility Plan Roadway Component (Black & White Copy) Revised to Include approved City Council revisions to the plan In the southwest quadrant of the city along the east side of I1-135W, south of the proposed Loop 288, and west of the Union Pacific Railroad. f A COMPLETE VERSION OF THE PLAN WILL lire PRODUCED FOR PUBLIC RELEASE IN THE FUTURE, AFTER ADOPTION BY THE CITY COUNCIL. CONTACT: City of Denton Planning d Development Department City Hall West, 221 N. Elm, Denton, T% 76201 040.349-0350 small: nkmebethQcityofdenton.eom r www.cityofdenton.somlplennIng A, , ( i 1 i i i It r k Revised Comprehensive Plan December 7th, 1999 k Table of Contents Section 1 Introduction Pigs 1 Statement of Purpose Page 1 Vision Statement Page 2 Section 2 Population Forecasts Page 5 City Background Page 5 Market Positlon Page 6 Holding Capacity Page 6 Population Estimates Page 6 Section 3 Growth Management page 8 i Development Suitability Page 8 Altemative Development Scenarios Page 10 Growth Management Strategy Page 12 Section 4 Land Use Page 19 Introduction Page 19 Key Vision & Plan Policies Page 19 j Key Planning Principles Page 20 Goals & Strategies Page 21 Resldential Land Uses Page 22 Commercial Land Uses Page 28 Industrial Land Uses Page 32 Civic Land Uses Page 38 Municipal Facilities Page 39 Special Districts Page 41 Section 5 Housing page 44 Introduction Page 44 Policies Page 44 r-xlsting Situation Page 46 Issues Page 47 Goals & Strategies Page 49 Section 6 Economic Diversification Page 51 Inlrbductlon page 61 Policies Page 61 Goals & Strategies Page 62 Section 7 1 ransportation Page 56 ' Introduction Page 66 Policles Page 56 Goals & Strategles Page 67 Section 8 Water Services Page 87 m Introduction Page 67 Policies Page 67 , Goals & Strategies Page 67 ,1 Section 9 Wastewater Services Page 63 Introduction Page 70 Policies Page 70 Goals & Strategies Page 71 ~2 MONSOON . `t c c Section 10 Stormwater Drainage Ps a 73 s Introduction Page 73 Policies Page 73 Goals & Strategies Page 74 Section 11 Solid Waste Page 77 Introduction Page 77 Policies Page 77 Goals & Strategies Page 77 Section 12 Electric Page 79 Introduction Page 79 Policies Page 79 Goals & Strategies Page 79 Section 13 Parks, Recreation & Open Space Page 81 j Introduction Page 81 Policles Page 81 implications of the Growth Management Strategy Page 82 Goals & Strategies Page 83 Section 14 Environmental Management Page 85 Introduction Page 85 Policies Page 85 Goals & Strategies Page 86 Section 15 Urban Design Page 90 Introduction Page 90 Policles Page 90 h Urban Design Principles Page 92 Goals & Strategies Page 97 Section 16 Historic Preservation Page 102 Introduction Page 102 Pol ties Page 102 Goals & Strategies Page 102 Section 17 The Street Page 104 Introduction Page 104 Street Development Page 104 Utilities In tte Street & Allays Page 109 Street Aesthetics Page 110 Section 18 The Edge Page 113 Introduction Page 113 Policies Page 113 Stratogles Page 115 Section 19 Schools Page 117 Introduction Page 117 Needs Assessment Page 117 School Siting Guidelines Page 117 Policles Page 120 r~Goals & Strategies Page 120 Section 20 Maintenance & Enforcement Page 123 Introduction Page 123 Policies Page 123 Goals & Strategles Page 1123 11 t~ Section 21 Public Involvement Page 126 Introduction Page 126 Policles Page 128 Goats & Strategies Page 127 Section 22 Implementation Page 130 Introduction Pae 130 Plan Performance Page 130 Growth Management Page 131 Land Use Page 133 Housing Economic Diversification Page 137 Transportation Page 139 Water Services Page 141 Wastewater Services Page 141 Stormwater Drainage Page 141 Solid Waste Page 142 Electric Pago 142 Parks, Recreation, & Open Space Pare 143 Environmental Management Page 143 Urban Design Page 144 Historic Preservation Page 145 The Street Page 145 The Edge Page 148 Schools Page 147 Maintenance & Enforcement Page 148 Public Involvement Page 148 } 1 A . i' Revised Section 1 Inh oduction ! i INSERT: Statement from the City Council INSERT: Statement from the City Manager Statement of Purpose The City of Denton comprehensive plan Is intended to guide community growth and development for the next twenty years. The plan Is the sgrt of an enduring process to make life better for all citizens. During the next two decades, regional market forces may cause Denton's population to double or even triple. City limits may expand from 55 to as much as 100 square miles. Thousands of investment decisions will affect the character of the city for years. Areas known for decades to be wooded tracts orpasturelrnd will become part of Denton's urban environment, with lasting impacts that ourgrand&;Idren will Inherit. The city faces many challenges to ensure that growth Is positive. The purpose of the comprehensive plan Is to translate a vision statement and planning policies Into meaningful actions to benefit the entire community. The plan describes the steps city government will take to project public health and safety, to provide services efficiently and I effectNely, and to provide the quality of life that out citizens expect. The plan expresses community sentiments and values for all to see, and Implementation suowss Is dependent upon support and consensus. Polential Investors, developers, businesspersons, and residents should use this document to team more about the community that they may decide to Mn, The land-use plan is Inter .-Jad as a guide to land-use decision making by per. officials, residents, and existing and potential property owners. This should help the city achieve Its vision, meet its goals, and provide efficient and fiscally prudent services. The plan Is formatted with policies, followed by goals, and •trategles that lead to Implementation statements (See Implementation Section). Special sections of the plan such as "Land Use", "The Street", "Urban Design", "Schools", and "The Edge" provide j further Information regarding design or other Issues not covered specifically within the plan elsewhere. These sections are Intended to give more specific direction or Information than other sections of the plan. These sections may not be formatted exactly like the remainder of the document for this reason, although they generally follow the some pattern as the remainder of this plan, The policies In the plan are the course of action that teed to the gals and strategies adopted and pursued by the city. The gals are the achievement toward which specific efforts are directed. The goals may cumulatively cover several policies. The strategies are the plan, method, or series of tactics used to obtain a specific gal or result Using the goals and stntegles from each section of the plan, in Implementation section ' has been prepared to create a work plan for the neat few years. Ite purpose Is to lay the groundwork for future work and financial needs related to the plan. This section sets ' forth specific actions or tasks that can be completed to Implement the policies end gals of the comprehensive plan. The Implementation section will be reviewed periodically and updated to reflect progress and changes necessary to Implement the plan. The implementation section Is this last section of the plan and Is intended to be replaced periodically, as updated. It Is In table format, reflecting the intent of each plan section CN,oftwe Wultt CONPPIVIC NSPAhm SCCOO 12 r"COW hove am Paget v. r -I f ~I Rovhwd Section 1 fnboduc tlon with sspecific mp men on tools. This section also Indicates related umen an master plans that fall under the umbrella of the comprehensive plan. It indicates, for the users reference, other master plans that may provide specific Information regarding a particular topic, such as parks or water services. Additionally, the Implementation section describes plan performance measures and the amendment process. i The plan inoorporates the following purposes; • The plan Is a statement of policy, addressing the community's vision and goals. The plan will be Implemented by adopting zoning and land development regulations. The plan is long-range, expressing strategies that will shape the city for twenty years and more. e The plan covers an area that describes the city's sphere of Influence, where land-use will Impact the community. The plan may be used to make a variety of bng-range decisions that affect the community. The plan informs property owners and potential developers about the community'-i desired future and expectations regarding future development. • The plan guides evaluation of zoning and annexation proposals. s The plan assists In budget setting and capital improvement priorities. The GOMprebeneiva plan will need is be "POO18d 1ANNA A jig GOVOR YOM. W111011164119POA 01 SMID119616 (OF IMPIOFFIGAIANDA, A* PIOR 10 AD! AMOd BRA May be GhSAW a& More 1AWMAIRS The real test e! lAeptan dOyN 4410A t The comprehensive plan is not "cost In stone". Revisions will be made when warranted, and the plan will be formally updated every ti to 7 years. The plan will be continually monitored to track the extent to which the plan has been Implemented, and to determine If plan Implementation causes desirable results. An annual report will be prepared to track plan performance In this manner, Amendments to the comprehensive plan must be approved by the City Council, subject to Planning S Zoning Commission recommendation. For every proposed plan amendment, at least one public hearing must be conducted prior to the Planning 8 Zoning Commission's recommsndation, and prior to consideration by the City Council. Should actions be contemplated regarding proposed zoning changes that would not be consistent with the comprehensive plan, an amendment to the comprehensive plan must be made prior to or concurrent with approval of the zoning change. Vision Statement Denton Is a unique community whose diversity gives it strength. This uniqueness Is a polnlof community pride, and it Is the goal of the Denton comprehensive plan to Insure that growth, development and the use of community resources foster, encourage, and promote the preservation of this vital quality. Although Denton is no longer a small town, there are certain qualities of small town life that out citizens hold dear. e wr ouv "We TWOO CNSFA KM Uer*h i r w COP"A rf Page 2 J I, i Revised Section 1 intir+otiulctlcat ( The proper stewardship o a+-commun ty assets, while managing the pressures o growth, Is a balancing act that will require foresight, long range planning, and a great amount of community involvement. The Denton comprehensive plan should represent the best of our collective community aspirations and, while preparing Denton for the 21st century, should never lose sight of the fundamental qualities on which this town was built. Quality, diversity, and opportunity areJbe keys to the future success of our community. People with all kinds of different backgrounds are welcome to Denton, where they will-ooMkwe to can find a community that offers well-paying jobs, reasonably priced housing, andgood j schools, and convenient parks. 44Distinct neighborhoods with homes of ail types and sizes offer a choice of kfeslyleshousing for everyone. 5hep5sndsleres ihelarade6 kaAS4 6Ya4era; erddve'o raagyR j same lima. T +ete f -.Jr 1- _ypos a! dayslapmeAt AsasssaFy (OF yr vfauarrl rad►kel-uVe to ~h f health Occurs, ago*that -weJnewfequeffete ! The historic downtown is and always s;rallbathe heart or Denton; the square and surrounding streeta will be asedare used everyday and night as a gathering place for commerce, civic events, and entertainment. Growing numbers of downtown residents will increase the cnergy level of the downtown. - 'tile cultural events In Civic Center Park attract new visitors and "ienovsled,ek4 cer rer a•from throughout the reglon, The City of -pafk will d-, Denton is committed to historic preservation as a means of fostering commun'ty pride and encouraging one of our strongest assets. Val the eoals of the do oonla; .mil i I I s44en6 pmeopmW4 11 boo majaFthefA0 lA8IId6Y9IGRM9AI OF; f"W ',4• f ~i~oow ~ tabOll}Ea9te aadlkavereily, e rildowalk cafes, and oth To grow properly, Denton must nourish Its university partnerships, The University of North f Texas w4tleurls4; andlhoAA " aals -a mayor Denton landmark. .roadnenl3y disialayeAao oily,- The Fry Street area and Oak-Hi,;kory historic district will conlinue lo are Important physiwl and soclai links between the downtown and UNIT. Texas Woman's University will also Gentribulebe a major contributor to Denton's distinction as a city, OowntawnasofesullofClvtoCenterFarirUNT, TWU, and the-dOwwtOwn TWUoorridor-square area will aohievelts,4 -polenilalcontinue to develop as a-dynamic and lively areas, essential to the well being of the city. Working with city government and the business community, the two universities are good Institutional citizens of Denton and are Ar magnets for hlghdech and research-0rlented development, - Y faclktiesandaerviOesr~viNtsarelulSieraAingaerscbOals~roadsrand piob" tlrowlh-ReGiderttsmtwtalwaysbave~Mean 10 be cenWonl that 1 laMeberebeingapsnl aiselyand efficleally, { The Denton community willalwayses corrim,tted to enriching the lives of N9 citizens regardless of age, Income, or athnlc background - through education, culture, recreation, and entertainment. andsuNuralgroups, idour buekreseeo, Denton will-944e44(ahas a distinctive reputation as C ry ou..,.v/A[IEfMCdAFPfrIEnSNE nAri {rcrIONS"I7"cow "Ve M Page 3 i. s , Revised Section 1 inb oduction an a s city, a most especially a music city, Through pu bli c a a er es, and studies, Oa-museums, and-theaters, and clubs;, adlale, 'is through our festivals,-and concerts, and stage shows, • Denton w{u pmoAdeto G*446AG M 1A - Me MASO of GUNUFOI 8 oftiAmen! aelivillee that will -'so Mimed Aumewus Is known throughout the region as a culturally ettrective and j Innovation community. We A - 0 06 MUGh In 1118 City 06 !A !he :Public natural areas are an essential part of a great city. Our built environment cannot remain healthy without property managed tend, air, and water resources:; as we grow these resources will become even more precious. 1A.As @aA 010id Mole 01 1149W ph 11066Aose., -4-11- Proper planning will allow us to capitalize on our natural assets. A& theb6noAleoft eke Ray Roberts and the Elm Fork Nature Conservatory become fullyFealkad, they will prove to be resources of Incredible value, 00911 WOM GWF b}vestment as Denton becomes more urbanised. Modplains and creeks, when developed will smorge-as greenway corridors, N+aRwlll serve many needs, such as flood protection, recreation, tree pi3servation, and habitat support. Environmentat planning must take Its rightful place as an essenEal part of Donlon's strategy to grow wisely. highways And logeled a short die Partner within a majer gall share j Fort Wonh, with so ch of the lh Fee a"!@- he'Ap. fee - "-.Aw -11h Is "A 4 US ktenlily,-Theeblkty, asset ftl wtu W411 8 Denton Is atrategicelly situated as a regional tnnaportatl n hub by its position on Interstatb 35 and Its proximity to both Alliance and Dallas-Fort Worth regional airports. Managing and fostering this unique geographical position Is a major gal of the comprehensive plan as we reap the benefits of our location. Although we are a community that benefits from our various Institutions, we should never lose sight of the fact that we are firsts community of people:: not just a collection of houses, roads, and buildings. Our sense of community In Denton Is a delicate natural resource; a legacy from the past, which once lost cannot be regained. Therefore, the primary gal of the comprehensive plan should be to preserve and retain the qualities that make DaMon the unique and prosperous place it Is today and to help It develop Into an even bett.,r city In the future, t)entancana shlev0 V+hativeyfan4,~ro►vib that eaban make {)3nkaattrasl' My. Donlon wl!'PFGPaFS (OF gra th oAd PF060941!' by 'y lnlereela Q4,rva;,11bM and heritage oFe Important la-M. I.A.fa"k-arlanb*nAaw,bwiwokAow** Aananaka~4~vanfi~eliar,--6►aNAhwitt6aue4sAange t-make ~~yL~i~Pi6d9 ,I C *h OuurM,4C1ETMC0WFUKNfM O1JlN KCr*NV 1r/ M COW r4M1 K tat Page 4 a Re11i8ed Section Z Plopulatlon Forecasts City Background Denton is located about 35 mites north of Dallas and Fort Worth where Interstate Highways 35 East and 35 West Join. The Dallas Fort Worth region, a 18 county region km vn as the Metroplex, has grown substantially In recent decades, except during an economic downturn in the late 19809. The regional economy has been diversified oonsiderebty since the 1980s, and sustained growth Is expected. The City of Denton is the seat of Denton County government and Is located approximately In the geographic center of the county, Excellent highway and rail corridors serve the city. It Is close to two major airports, Dallas Fort Worth (DFW) International Airport, second only to Chicago's O'Hare Airport In passenger traffic, and Alliance Airport, the Nation's first sit-cargo airport For planning purposes, we have looked at four land areas as a study area of Importance to the city. The study area accounts for 29 percent of the 957 square miles within Denton County. These are: e The area within the current city limits; e The area that is expected to become urbanized; e The area within the city's current 3-% mile extrate,rhodal)urtsdiction (ETJ); and, e The area within the city's future b mile ETJ once a population of 100,000 is achieved. Table 2, Summa of Land Areas Used for Stud and Areas Acres Square Miles Cft of Denton 9,476 elves 3 01 ilIng e rea 7b,36~2 296 30.6737.96 3 433 3i 123.03 Extraterritorial Jurisdiction 5 Mile 32,966 51.51 Extraterritorial Jurisdiction TOTAL STUD AREA 7 ,05 5,0 I 11. Market Position Three factors stimulate economic development and corresponding population growth within f Denton County, proximity to air service, the highways linking the city with Dallas and r-ort Worth employment centers, and the presence of ma,,x public institutions within the city, The University of North Texas and Texas Woman's Univerelty provide a significant economic base for the city , and provide a skilled labor pool for local employers. Denton County, the City of Denton, several scheot districts, Denton State School, and the Federal Emergency Management Agency provide A additional economic base: r I'" fI Denton is located to take advantage of metroplex growth and development activiles. Because l of regional development patterns, real estate In the Denton area has become very desirable. C 0, o~w auto rxtow~ cn r K run er cnaweuraM cow run ty be page 5 i t, I i I I Relvised Section 2 P---10 lone FOir~casb Land an aroun Denton is relatively inexpensive en compared er rapidly develop areas of the melroplex such as southern Denton County and southern Collin County. Major land developers are beginning to be attracted to the city. Rapidly growing communities such as Carrolton, Flower Mound, Lewisville, Corinth, and Frisco In southeast Denton County and southwest Collin County have been experiencing annual growth rates throughout the 1990s ranging from 10 percent to 30 percent. fill Holding Capacity The latest data available (1995) from the North Texas Council of Governments projects Denton's current population density at approximately 1,220 people per square mile within the city limits. About 40 percent of Denton lend within the city Is developed, with a density of 3,855 people per square mile. The average density observed for Metroplax cities Is 2,481 people per square mile. This ranges from University Park at 6,162 per square mile to Rockwall at 826 people per square mile. Using the 444100-square mile urbanizing area as Denton's butld-out land area, the following table of holding capacities Is derived: Over time Denton will most certalnly become more densely populated. With only 40 percent of the land area developed within the current city Ilmlts, significant tracts of lend within the core area of the city, and at Re perlph~ry are not developed. These areas will probably be developed within the time frame of the population forecast. In addition, areas outside the current city limits will be annexed Into the city and developed, primarily for residential uses. The best population estimate of the holding capacity of the urbanizing area Is approximately 220 226,000. based `f on an average density of 2,260 people per square mile, lase then the average for other metroplex cities. Within the current city limits of about 41-02 square miles, the population estimate of the holding capacity is 137,26 130,600 people. IV, Population Estimates The 1999 population forecast estimates a'most likely" population for the 275 square mile Denton study area of 215,100. The City of Denton Is expected to grow to 404.1004quare miles with a population cf 183,800, or 85 percent of the study ores population. In 1998 it Is estimated that approximately 88 percent of the study area population lived within the City of Denton, The population foretaste are only an estimate of the city's potential population growl; The estimates are used for planning purposes by the city to gouge services and day ilopment, which may occur In the future. t W, ta,ewngMGltMC W►MfKMlM plJJl V CIiON>t ii I* CW KM N he page 6 1 ~ i I i r Revised Section 2 P xdaum Forec_ssb II ` - - Table . Denton Planning Area and City of Denton Forecasts of Additional Po ulaticn and land Area 1999 - 2020 Its J t res Ity of Denton Annual Annual Study Year Percentage Numarlc Area Population Ana Density Growth Growth Population (sq. miles} (poplmiis) 999 3.0% 1,850 877975,300 61.7 1,220 2000 3. 2190 90,570 7-Y.-Be-0 62.0 1,251 563- 3. 80 93,200 79,890 , , 2002 3. ,7 96,080 82,280 66.0 1,247 2003 3. 2,840 98,970 84,7 68.0 1,246 2004 5.0% 4,880 10391 88,890 70.0 1,271 2005 6. 5,130 1f XI 3440 7F3- 1,298 2006 5.0% 5,380 11,670 98,110 74,0 1,328 :007 5,0 5,650 120,200 ,02 78, 1,358 2L 8 C 26,310 - .3871 -W-1 6. 8,23 132,020 11 80 0 1,420 2O W- 5. 8,550 1 130,M 9,2 1,454 -Im 6.0 25.220 . 1, 9 2012 _ 7, 00 153,6 131,480 06.0 1,529 1 20 4 1 4.7% 7,700 --1 144.540 §U3 1, 20 6 4.9% 7, ::jVVUO- 040 1 2016 4.3% 7,700 184.310 157,540 94.0 1,876 2017 4.1% 7,70 492,01 104,000 96. 1.708 2018 4.0% 7,700 1 ,710 7660 980 1,7 0 , 201 3.87,700 207,410 177,040 9A 1763 2 b 1999 4145% +1 2020 +61% +51% wrce; ha 'ty on Pfaming snt pa A r I C cw,o:.~rweACetrmcoMru,eMeMr etcna,muPeetaurAMN&I Pape7 t Revised Section 3 C', Al h Managumelrrt The growth management strategy end plan are part of the development of the overall comprehensive plan, The growth management strategy and plan were adopted In January of 1999. The strategy has been updated to reflect changes In strategy that occurred with the development of the comprehensive plan. G Development Suitability A. PROCESS The process of developing T4*-Denlen44aothe growth management strategy and plan Involved detailed Investigations Into the existing natural and man-made systems. Multiple methods were utilized to accomplish this investigation, Including field surveys, satellite Imagery, aerial photography, and 'ground-iruthing' (verifying data on-site). Specifically, the following Information was studied: • Existing land use pattern; • Floodplains; • Solls; and, s Vegetation and tree cover. The abevaThis Information was assembled into s kompoelle sultabllity" map, which combined the various constraints to development and Indicated portions of Denton that were more suitable, less suitable, or unsuitable for development. By studying the natural and man-made opportunities and constraints to development in Denton, the Denies Plan growth management strategy capitalizes upon the Gcity's assets. This approach helps guide growth where it Is most appropriate, as well as preserve and protect environmentally sensitive areas. The development sultabliity was utilized In the development of the Aallernalive Odevelopmenl $scenarios end growth management plan. B. COMPOSITE ANALYSIS k The analysis of the existing natural and man-made systems Identified a number of opportunities for and constraints to development. When considered cumulatively, some areas become less desirable to develop than others: 1, Existing Land Use Development Pattern The City of Denton has developed with a var(ety of residential uses, with most of the central portion of the Gcity being developed. netatl and non-residential development Is generally located in the downtown area, along IN 35, along US 380, and along Loop 288, 2. Floodplalns A, , Floodplains should be preserved as natural areas because of their Important environmental r ! function. It is recommended that floodplatns not be daveloped. erao~.«aa~cernncaa ~MSMn~wCrawlrMcoinKMNeve Page8 t: R p. m i ed Section 3 Growth Mar~agetttent pure 3.1 ornpoe to u ` Le=end © Most SAW@ r , + Suitable ® Less Suitable Unsuiuble 4 F :r v K J s 1N ~ Y ~ : i i C~ C Of ECGnwalt" WOeiNWNe" Km lee, mm fs.r4s oow Km A re pop 9 I. c RievW- W SeC&M 3 Growth Management t -T Boll S1hta of ran tat oft Soils may Increase the construction cost for structures and roadways, and are a moderate =stralnl to growth In some areas. Denton development has overcome these conditions In tie past through site pn,paratlon and engineering. 4. Trees The eastern half of Denton contains many mature forested and treed areas that add to the em,laximental quality of the Ccity In the areas of air quality, drainage control, noise I Wialement, and aesthetic value. Future development should occur Ina manner that preserves forested and treed areas, which In some areas may constrain growth, depending upon the allowable land uses In treed areas. These factors were ovsrlald using ERDAS Imagine software to develop a composite opportunities and constraints map. Because of multiple factors associated with the 100-year floodptalns, flooding, poor tolls, with adjacent steep slopes, and mature tree stands, N is recommended that these areas not be developed. Most of the rest of the Ccity Is suitable for some type of developmenlwith soils and vegetalion placing less stringent limitations upon development. Alternative Development Scenarios I To fully explore the options of growth management and land use, four varying altematives were presented to exhibit the 4ifferenoss in how patterns of development could be applied. to the Go of Donlan -These Ashaimative Odevelopment Secensdos ware a serles of maps and major t Implications of development that implementation would have on the Cahy. The four hypothetical scenarios were developed to Identify a physical form for the community; the potential implications related to development patterns, land use, transportation, environmental and urban design; and, the potential Ccity policies that should be considered resulting In the development of the Ggrowth Mmanagement Sstretegy for the CcNy a! DeAlon. The purpose of these Sscenarlos was to review overall implications of different options for land use, as a guide for development of the~omprehonslve plan. All four Sooenar os are distinctly different, although there are many common elements among them. 1 The four hypothetical scenarios that were explored Include: A. CORRIDOR SCENARIO The Ccorrldors Sscenario Includeed patterns of high Intensity development occurring In patterns of bands along major thoroughfares and highways with limited relnvestmont, redevelopment, or infill development. Overall a low-denslty land use pattern with highest densaes oocuning along the roadways, This soenarlo would Increase the service area to( public facilities, utilities, and transportation, A B, URBAN CENTERS SCENARIO A focus of mixed commercial, office and higher densNy residential land uses examplifies the Uurban Ceentere Secenario, Growth would occur around designed centers within the Cady, Odowntown, Nnorthwest Loop 288, aat411-11 35, and Seoutheast Loop 288 and IH 35E, and an O #4 0m waVcee r*C0Wu W Nees KM IE Cnann4ae COW K M V1 see Page 10 3 i i Revised gectkm 3 Groh Management Figure 3.2 Alternative Development Scenarios i r E o,_- 1 ~ 1 Y 1 _ 1 E ~ i of ~ I~flre-hPSITO PU 41 MN r~ ,I,L.I,Lr t { - / III uJ ~u .v I 1 I ,11 JI 1 ~ II i1~~11111 1 ' • ~I~ 'I O.l it ~ I._ yr pxu•ruIA:BEf/K'Wi'RCNENSn4 RAN IECt,oNl~tltaE Ctlue RNINAx Page 11 r Revised Section 3 Growth 1 I &ITIM1111 Industrial node surrounding Iffiki non un c ps rpo Strictly residential areas wou remain similar to current patterns with a higher emphasis on transportation improvement, C. NEIGHBORHOOD CENTERS %ICENARI Lower intonshy and density of use contrasts the Nnelghborhood Ceenters from the Llurban Geenlers Sscenario. Residential uses based on a gridded street network would center around local, limited-use retail, parks or schools. Residential developments occur within walking distances of the Nneighborhood Geenter. Commercial and Industrial districts exist. 0. COMPACT GROWTH,SCENARIO Growth wouH be accommodated wRhln a limited area. This development pattern increases the Wye use of redevelopment, reinvestment and Wit development and higher densities lain order to grow, It allows less Investment In capital costs for public facilities and infrastructure and lends the ability to design more efficient public transportation systems. lit Growth Management Strategy The growth management strategy Is a composite of the desirable elements exhi5iled In the four alternative development scenarios, and also reflects existing land use patterns whin the city. The growth management strategy and plan are Included In the comprehensive pl in, and have been revised and supplemented as necessary. A. POLICIEg Growth will continue to occur in Denton, and the rate of growth will likely accelers to In the near future. Proactive plannl tg is con3ldered the preferable approach, defining the rules by which growth will benefit the most people. ProactKe planning rv;:!res preparation and an Investment of resources In anticipation of growth. Public Involvement is eritlr'al to plan success. Anticipation of the adverse Impact of growth is a key element In proactive p!onning. in reactive planning, preparation Is not necessary. Without proactive planning, growth Is solely driven by consumer demand, and planning for governmental services and utility systems Is done after the fact. The less preferable alternative is to react to growth and Its Impacts as they happen, Preparation Is not necessary. Consumer demand drives the locallon and type of newdevsk,, ,rient, and governmental services and utilities systems are designed In response to growth trends. Adverse impacts are typically more expensive to fix than to prevent. Proactive planning Is staying a step ahead of growth; reactions to growth are always a step behind. The growth management strategy contains policies that keep Denton a stop ahead. All other policies in the comprehensive plan must adhere to the growth management strategy. 1, Essential services provided by government must be maintained at the highest levels of quality possible. City services Intended to protect and preserve public health and safety must be provided to all existing and fut,jrs Denton stakeholders, ! 2. The growth management strategy should support the ooordinalion of public services with private developmeni. Development patterns that make the most efficient use of public services and infrastructure should be promoted. The true Impact of private development should be accurately identified and assessed In proportion to public costs and benefits, c w o~~we ~cunocauvnr eMevr ww ~ecra a C" "OX Page 12 1 € 1 itelvised Sectkm 3 Growth Nlenagenumt 3. The community should establish development rules that are clearly stated, administered efficiently, and enforced consistently. If development is proposed that does not satisfy all the rules, it should not be allowed. 4. Land uses should be balanced to maintain quality of life, a diverse economy and a well. proportioned tax base. The city will provide opportunities for the development of a full array of land uses within the city. 5. Areas of the city susceptible to environmental damage, or where infrastructure systems are stressed, or where development would contradict city planning ob;ecthres should be Identified and protected. 8. Zoning should be used as originally intended, to addre:.o extreme Incompatibilities between land uses. Zoning should be used to Identify performance standards that allow land uses In defined dibtricts basod on their ability to mitigate potential negative Impacts on neighboring properties, A raexamination of the use of zoning as a planning tool should be conducted to reflect community values successfully. 7. Development guidelines should be established to allow a wider range of land uses to coexist within close proximity to each other. Site design principles, aesthetic guidelines, and conslruction standards should be investigated as possible tools to promote land use compatibility and encourage developmental diversity. 8. The location, placement, and design of public facilities such as parks, schools, fire f stations, libraries, or human senlces facilities should be used to create neighborhood activity canters. 9. Coordination of planning efforts between different units cf local government should be encouraged to save money and yield greater benefits to residents. 10. Residential development that establishes a variety of lot sizes, dwelling types, and housing prices should be encouraged. 11. The city should be designed 1- poop's ealh@F IhsA with all means of transportation In mind. As growth ocuirs, a variety of mobility systems should be given space to oonnoct people to destinations that are Important to dcliy functions. Tpublic transit, bicycle, and-pedestrlan linkages, and shwts should be planned and implemented to serve daily transportation moods safely and conveniently. 12. Denton's ability to grow and expand should be k;entified In the city's annexation strategy. City limits and extraterritorial jurisdiction (ETJ) boundaries should be clearly established, and relationships with other jurisdictions should be determined through Intenocat agreements. The annexation strategy should also reflect the coats of service provision and external ! environmental Impacts associated with land located In the ETJ. A, , 13. Four major growth aspects of growth have been Identified and are subject to the ! following management preferences: Quality of growth will be strongly managed. cwr ~e~.usrcernncarncxrMnr<rut.actaunv.fa.carna,asee Page 13 I t- ~I I i Rlevlsed SOCUM 3 Growth IM ou genlted a Quand Quenthy of growth Wit be strongly managed through adequate public facilities requirements and proactive planned extensions of services. • oaf Location of growth will be strongly managed through organization of broad land use patterns, matching land use intensity with available Infrastructure, and by preserving floodpiains as environmental and open apace corridors. * Timin° Timing of growth wlh be strongly managed through tools such as adequate putlic facilities requirements, capital Improvements programming, and phasing of utility extensions. S. GROWTH MANAGEMENT STRAT170Y ASSUMPTIONS 94 The following Ggrowth Mmanagement RsOsIM and plan Is pmesoled4woth* preferred alternative for future growth in Denton, The plan combines many of the concepts from the altern alive development scenarios that received favorable responses at the community meetings, Including the development of "neighborhood centers', 'urban centers', and a strong industrial district within the Ccity, while encouraging the restoration, redevelopment, and Infill of parcels in the downtown area and adjacent to the University of North Texas,-end Taxes Woman's University, The following are the basic assumptlons of the Growth Management Plan: 1, The Planning Horizon is Mr the yo ar 2020. 2. Thn estimated population In the year 2020 will be 243215,000 for the entire study area, which Includes the Cftyof Denton and its 6-mlle extraterritorialjurisdidion (TTJ). 3. The population of the City of Denton in the year 2020 will be 401,04 193,590, with an additional 45 square miles of ETJ expected to receive urban Services and be considered for annexation, 4. The Coity 4goods lamay socommodate the addKional population that the market dictates. 5. The mix of Rresidential and Coommerciai land uses will be approximately the Same as currently exists; llndustrial land uses will be Hhigher, and 41natitutlohal uses will be lower. B, Wihin Rresidential Mand Uuses, the percentage of k4uhl Fuggy multNamlly to sk#& , Fam4yoingle•fSmlty uses will be less than exists today. A 7. The Zzoning Minix In 2020 mayor may not be the same as currently exists. f f B, Denton will continue to encourage a range In housing types and densities In order to l respond to the needs and desires of its' maldents. c c«ercernrca~roncx[~uva n►n teo, arm r« oar rwi w eve Pape 14 1 I I ~ I I I 4WW SOC&M 3 Growth Ma Rle llm. rrt Average residential den shies ion 11 be the same as exist today. i 10. There will oonlinue to be a citywide average of 2.8 people per single-family residential ff unit and 1.8 people per multifamily unit. 11, The average citywide density for single-family development will be 3 units per gross acre. i 12. The average citywldg density for multifamily development will be 14 units per gross acre. 13. The minimum lot size for single-family low-density development outside the urbanizing area will be based on Denton County requirements in order to support a septic system. 14. Based upon the anticipated quantities and locations of future population, and the city's existing land use mlx, the city will need to accommodate approximately 15,000 additional acres of single-family development, and 1200 additional acres of multifamily development. 15, Based upon the additional residential development arvt the existing land use mix, the city will need to accommodate approximately 3000 acres of industrial development, 3200 acres of commercial development, and 2700 acres of Institutional development. 16. The plan once cages infill development, restoration and redevelopment within the existing center city and surrounding the universities. C. SPECIFIC ASPECTS OF THE GROWTH MANAGEMENT STRATEGY ' 1. Anticipating and allowing growth along the southern borders of the city, provided t development pays its own way, except in cases where the city wishes to provide Incentives to encourage it's desired urban form cr r:rridors. 2. Adopting an aggressive annexation policy in order to manage the density and quality of growth within current ETJ land, and to maintain the existing certificate of convenience and necessity (CCN). 3. Using infrastructure master plans to develop expectations of adequate levels of public services. In areas where water and sever services are provided, moderate density development can be accommodated. In areas where services are not available, low-density development will be r acessary, us:-ig septic systems and wells. 4. Single-family low-dtnshy resldentia! uses will be allowed to develop in areas outside of the urbanizing areas. The size of the loli In those areas will be based upon the area required to support a Septic system, and.vill vary based upon each location's soils. The remaining land within those areas would remain as agricultural uses. r 5, Within the urban and urbanizing areas, higher density resident fat pattems would be ' allowed to occur, N strict quality standards are observed. These areas could be developed as neighborhood centers that are developed In an inwardly oriented manner with a focus upon the center of the neighborhood, C w, OoemwmMCO[1MCppREKN9Nf PVN SFCTiONSitl191 eds RIJ1H.s Page 15 t t Revised Section 3 Growth Mast Mmewd j ( a These developments should be established In a manner that locales the center of the neighborhood within a 5-to 10-minute walking distanos from the edge of the neighborhood. a The center would contain uses necessary to support the surrounding neighborhood. These support uses coutJ include service-oriented retail such as a small grocery, hair salon, dry cleaner, or small professional offices. a Residential uses could occur at higher densities with town homes or residential fiats above service oriented uses. a Open space would be encouraged In nelghborhood centers with park uses including central neighborhood greens" and floociplain preservation. a Civic uses such as fire stations, schools, libraries, and mass transportation nodes would be encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. a The mix of uses Identified to support each neighborhood may be developed to Incorporate shops on the ground floor and offices or residences on the upper floors. 8. Future residential development within established residential areas would be developed in a manner that responds to the existing residential development with oompatible land uses and development pattems. Existing nelghborhoods within the city will be protected and f preserved. 7. The center of the infhll development would be In the downtown district where preservation, restoration, redevelopment and infill would be the focus. Also, it is recommended that the city consider creating "University Districts' at UNT and TWU. These districts would focus on developing compatible, supporting land uses adjacent to the universities. 8. Accommodate multifamily residential development In a variety of forms. Many of the deteriorating apartments adjacent to the universities could be renovated or redeveloped as new student housing in order to better support the needs of UNT and TWU. Additionally, other types of attached residential development should be considered within the city such as townhomes. It is recommended that mufti-family development be located In areas that provide Uaiiz%ons between lower and higher intensity uses, and in a manner that will not negatively Impact surrounding uses. Additionally, mufti4amity uses should be located in small groupings around the city In a manner that provides a mix of uses and densities, rather than concentrating all mufti-family uses In one area Wilch con have negative Impacts upon the city. 9. Accommodate future commercial uses at key nodes throughout the city. It is recommeded that commercial uses not be located continuously along corridors In a 'strip" manner. a 10, Accommodate businesses in i4veral act vity centers. At the Intersection of Loop 288 and IH 35, the plan cans for a acuity center. This center would be a mixed-use center contalning office, retail, and high-density resldential uses. This center could also include A, some research or te0nological uses that would be compatible with the activities at the universities. A second activity center south of the Intersection of Loop 288 and IH 35E could contain medically related offices with a mix of supporting uses. A third activity center on the south side of town would be located at the city's ETJ along IH 35 west. This center would probably develop after the first two ctivity centers and could support general office uses or activities supporting Alliance Airport, c w, o~ww+auixcwraErE~snE KM UUMS11-7ah car rue va aX Page 18 (7 t~ t. Raw SOCUM 3 QMW h Mum"-wd 11. In order to support the proposed activity centers, and to provide additional support for the universities, the city should consider extending the existing runway at the airport to 7500 feet in length in order to accommodate business Jets. Areas Immediately adjacent to the airponl would be reserved for Industrial uses. Industrial uses are typically very compatible with airports due to noise restrktions. These could rocs tight manufacturing uses, distribution centers, or any other industrial uses that are compatible with the city's f environmental quality policies. Existing fleoodplaine In this area could provide a very effective I visual buffer between industrial uses and other surrounding uses. 12. Locate future parks and Institutional uses as required to support future residential development. These uses will be located Ina manner that encourages developing a sense of community within neighborhoods. The layout of neighborhoods should Incorporate these facilities, with atrong pedestrian links from the surrounding neighborhoods, and with links to the city's regional pedestrian and transportation systems. i 13. Inall areas, preserve the 100-year ftoodptain In order to provide adequate drainage systems, preserve wildlife habitats, for passive recreational uses, for the development of trails systems, and for providing buffers between incompatible land uses, 14. Evaluate of the value and function of the natural environment within the study area to lden* areas with unique ecological significance for consideration on a more she-specific basis. 15. The city's urban design objectives will be considered on a more sits-spedfia basis In the } comprehensive plan. Adopt design standards for an types of development. r ; cw DoanrrwCWT ~Wra4KMHCrOW12-744Msh,wNM papa IT ill Revised Section 3 Growth Management { Figure 3.3 Growth Management an q J.rw ln4r.J.1 • lw (4rJ~ j rrr. R~.1kwrW -Ar(rl(«~..~ ('wtrn F--a GM.R 4WAw f hd~ f({( V.IA lrs i6, Rr./R..4d ~ rr.~a~l1 q oaw, u~M(i v q (441+1..eW F r.r. Q 4 q I..(r iofv y.. An.lY.rs / I .ll OiwM W rr i -rr q 1(ri .e.r.l { j1 i i . r_ . C ~ 1• 4 ~ ~ r~ S f+~ { I i i I Revised Secdcm 4 Land thO r. Introduction The City of Denim land-use plan has been developed to implemer t the growth management strategy and long-range vision of the community in the city's comprehensive plan. The land use plan focuses on the use or land and future development within the Denton planning area and the Denton urbanizing area. All parts of the land use plan should w ark together to achieve the vision statement adopted by City Council In 1998 (See Introduction). i Key Vision 6 44Plan Policies A. THE VISION CABINET i A visioning effort, recently conducted over several years, sponsored by the City of Denton, Denton Chamber of Commerce, Denton Independent School Distrid, Denton Reoord-Chronicle, Texas Woman's University, United Way of Denton County, and the University of North Texas resulted in "A Vision For Denton - the 21 st Century" (Sae Introduction). B. THE DENTO PLAN POLICIES i In 1998 the City Council adopted the Denton plan policies and growth mandgement strategy that outlined many elements that are directly applicable to the proposed land-use plan. The vision statement included these concepts: 1. Denton is a unique community whose diversity gives a strength..,. It Is the goal of the { Denton plan to insure that growth, development and the use of community resources foster, encourage and promote the preservation of this vNal strength. l 2. Quality, diversity and opportunity are the keys to future success. People with all kinds of different backgrounds Houses of all types and sizes Neighborhood centers will contain small shops and stores that are designed to harmonize with surrounding hones and provide daily necessities for the neighborhood. Residents will be able to walk bike! use transit or drive to many destinations throughout the city. There must be s place in iha cpy for all types of development. i 3. The downtown is and always will be the heart of Denton Growing numbers of downtown residents will Increase the energy level of the downtown The UNT - downtown - TWU corridor will achieve Its full potential as a dynamic and lively area, essential to the well being of the city. A 4. We need nature as much In the city as in the countryside. Our built environment cannot remain healthy without property managed land, air and water resources... take Ray Roberts and the Elm Fork Nature Conservatory will prove to be resources of Incredible value Floodplains and creeks will emerge as greenway corridors that serve many needs. C QRQV H MANAG utsu aru`renv (MOVED TO NEW SECTION 31 e w, oo~ nwu wcee rneownc cxsM run seenam+a.r ss cow run AMC Page 19 ` i c A I i III i I Revised Section 4 Land Use M. Key Planning Principles During development of the Denton plan policies and growth management strategy, four planning principles captured the essence of citizens' comments were Identified and defined. Understanding each principle and their Interrelationships Is a Important to understanding the vision of Denton citizens and the ways we can take to achieve that vision. A. PRINCIPLE OF INCLUSION The plan vision states that Denton Is a city for all types of people and an types of uses. Participants throughout the plan process reiterated this principle. Denton Is a city, and a city creates opportunities for all types of people and businesses. To accommodate all types of people, a city must allow an types of housing, And to accommodate a complete range of business opportunties, the city must organize those uses to minimize land use conflicts and must define performance requirements that require property owners to perform to community standards. 8. PRINCIPLE OF SUSTAINABIQ Community sustainability can be defined as the ability of a community to use its resources to ensure that its members can attain a high degree of health and well-being, economic security, and a say in shaping their future. This is done while maintaining the integrity of the ecological systems upon which all life and production depends. This Implies a sense of fairness and justice within the community, across generetions, and across communities. The citizens of Denton stated that they wish to live in a community that is sustainable on an levels, C. PRINCIPLE OF BALANCE , Balance is the condition of stability and cohesion within the systems of governments, residents, f organizations, and the environment. A community in balance is resilient and sustainable. The practiC31 aspect of land use balance is reflected In the ratio between residential and nonresidential uses and the relattonshipe among residential and nonresidential land uses. The city must also be aware of the financial implications of its land use plan. The citizens of Denton asked that the city organize its land to accommodate a balance of land uses. D. PRINCIPLE OF MAINTENANCE A city must allow development to occur that provides the resources to maintain its Infrastructure and public facilities. In a community that has a high percentage of public lands, it may be advantageous to create a tax base with multiple revenue sources, The citizens of Denton have asked that the city maintain and enhance the opportunities to expand the tax base of the community and that adequate resources are made available to maintain and enhance public lands and facilities. , A c aoc.w n.n eenrcwrrtt c~sNt ►un aE cnana aw car run ve doe Page 20 r• I I I I s~ Revised Secdm 4 Land Use C w. Goals 6 Strategies Within the land use plan framework of neighborhood, community, and regional classifications are found the more traditional reeldential, commercial, and dWc lend uses. In addition, the plan also establishes several districts that are of special Interest to the community. • The Downtown University Core District • Ray Roberts Lake • The Denton Municipal Alryort s Industrial districts • Employment districts • The city's undeveloped 100-year floodplain area A summary of developed, undeveloped, and zoned land In the city follows: NEW TABLE 01 City of Denton 1095 Somme of Develo d Land Uses Land Use Developed Percent of Percent Area All Developed All Area (Acres) Area In City Residential 6,670 6 . 19, Commercial 5 A Industrial 11187 8.8 3.4 j 30.9 12.0 1 UnderConstructlon 0.0 0.0 Civic 113',084 Tote Developed Total Ur►deVe10 61.2 Total Ana 100 orth trel exact MuncH of overnmerka, rw Uses (Iatest data available) Ile n i e w, oar »wwceEnecwvRC~~~ae rw~ ~eenaunvru car ru~N e.e Page 21 i r Revised Section 4 Land Use NEW TABLE 02 City of Denton 1998 Summa of Zonln Classifications Zoning Area percent Classification (Acres) of all Zoned Area Agricultural A 14,150 39.5 One family Dwelling SF-16 1,076 3.0 One family Dwelling SF-13 8 0.0 One Family Dwelling SF-10 2,042 5.7 One Family Dwelling SF-7 3, 10.1 Two Family 21F241 0.6 Multifamily Restricted MF-R 44 0,1 Mufti 772 2.1 Multi anvil Dwellin -2 F-2 792 2.2 Parking (P) 7 0.0 Office (0) 158 0.4 Neighborhood Service NS 15 0.0 General Retail GR 433 1.2 Commercial C 1,546 4.3 Central Buslness CB 54 0.1 r1i Industrial LI 4,448 12.4 Industrial HI 117 0,3 ned Developme8, 17.3 l 35,742 1 Source: City of nton 0 . Zoning Coverage, 1 A. RESIDENTIAL LAND USES A summary of residentially developed land, land uses, and zoned land In the city follows: NEW TABLE k3 City of Denton 1995 Developed Residential Land Uses Type of Area Number of Density Resldential Developed Housin Units (Units per Land Use Percent Acres Percent Acres Developed Acre) Single-Family 82 5,504 48 14,387 2.61 Multi-Family a 547 45 13,478 24.64 Other Residential 8 628 8 2,323 3.70 Total Residential 8,879 30.185 4.52 source: North Central Texas Cou L ovemments 199 Land Use atest data available) North Central Texas Council of Governments, 1998 Current Housing Estimates ( ! Derinhions: Sinofe Family means one-i.vnily detached unhand dupexes. t Multi-Fam17v means strictures with three or more separate units such as apartments, townhouses and condominiums. C rti w... ewcee nrew~a~caeNe n w eccnoxe a-roo COW PLw N dos Page 22 t c i Revised Secdm 4 Land Use Otrmr Residentia includes in-Mle es InskJa mobile home parks e free a irg units outside parks. Nso Includes group quarters or nursing homes, orphanages, college dormitories, jail, military base personnel quarters. NEW TABLE N4 City of Denton 1995 Developed Residential Land Uses As a Percent of All Developed Land Type of ResldentleI A; as Percent of Land Use Developed (Acres All Developed Area Si fe Famil 5,504 41.7 MuNa-Family 547 471- Ott ier Residential 628 4.7 Total Residential 6,879 50.6 Developed Area _ A11 100 j Developed Area roe: onh Hirai eras ndl o ovemments, se (latest data available), North Central Texas Couml of Governments, 1998 Current Housing Estimeles E f NEW TABLE N5 City of Denton 1998 Residential Zoning Classifications Zoning "Stralght" PO Total Percent Classification Zoned Zoned Zoned Of All Area Area Area Zoned Acres Acres Acres Land Agricultural (A) 14,149.8 5.2 14 155.0 39.6 One Famg Dwelli SF-18 1,076.1 41.3 1,117.4 3.1 Ole Family Dwelling SF•13 7.8 25.3 33.1 0.0 One Family Dwelling SF•10 2,042.3 385.4 2,427.7 6.7 One Family Dwelling (SF•7 3,629.7 1,053.5 4,883.2 13.1 One Family Dwolli Small 204,8 204.8 0.5 Two Family Dwelli 21F240.7 122.8 383.3 1.0 Multifamily Restricted MF-R _ 44.3 267.7 312.0 0. Multifamily Dwelling-1 MF•1 771.6 813,0 1,584.6 _ 4.4 Multifamily Dwel ing-2 MF•2 792.3 792.3 2.2 Total ResidenUal 22,754.6 2,9 8.8 25,673,4 71.8 Total Zoned Area 29,532.5 8,209.4 35,741.9 ice: city of Denton GIS Zoning coverage as of October 29, Notes: MF-2 is the zoning classification used for land owned and developed by the University of North r Texas and Two Woman's University, including their golf 0ourses. R I C A., Oftn pwIENCOMPR 4%V4 RAM mc110M7,1}-146 cow RAMW Ooc page 23 I t i i i I ! .I i i ,I Rleviaed SecUm 4 Land use ! Primary Residential n Use Principles j a. Preserve Neiahborhoods The preservation of existing and future neighborhoods can be achieved by ! demanding high-qualily development by establishing design and construction standards that are fair and evenly applied. I b. Promote a Diverse Housina Stock The residential component of the land-use plan should be to slow all types of people to live In Denton by allowing a variety of housing types, sizes and prices, The ! housing stock should reflect the demographlos and economic structure of the commuolty. c, Limit SD(awf The residential component of the land-use plan should guide development of housing patterns that limita sprawl, accommodates projected housing demand, and allow quality high density development where it Is close to jobs, shopping, schools, ! and transit. i 2. Housing Target Densities Housing should be allowed within all land-vse districts except for industrial districts. However, long-term care facilities and boarding and rooming houses may be feasible In some cases within industrial districts, The resldenNal densities within Denton will be in accordance with the growth management strategy, as follows: r } • There will continue to be a c+tvwide average of 2.8 people per single-family A residential unit and 1.8 people per multifamily unit. - The average citywide single lemily soaeeponds tea density of-for single-family development will be 3 unite per gross acre. afire, • The average citywid density for multifamily development will be 14• units per gross acre.rnet,~aaa . a The minimum lot size for single-family low-density development outside the urbanizing area will be based on Denton County requirements In order to support a septic syst,)m. • NOTE: Retirement tomes, manufactured tomes, group quarters, and other housing types wen, included In this calculation. NO_ A. Further definition of residential land use classifications that differ by type, density, and geographic location will be included in the revised development code and citywWe zoning map. Four evaluation criteria will be taken Into account to determine app,oprisle eite-speck residential densities: c"0xwa+ea6[tMtauPat M3rAftMucn0nmitr49cawrcwwme Papa 24 I Revises Sell 4 Lana use { • Design quality • Adequacy of public facilities • Amenities provisions { • Compatibility with existing neighborhoods The elements identified above cannot and will not be separated from each other when relative zoning densities are assessed. Development standards addressing design quality, adequacy of public facilities, and amenities provision will be codified and applied to all development. The rationale governing the regulation of residential density Include the following points: a. Dense development can magnify negative Impacts if improperly constructed. b. Denton has experienced first hand the detrimental effects of high-density development that have caused resident concern. I c. As density Increases, the expectations of quality and assurance of proper regulation must increase. I d. As density Increases, requirements to provide higher qua'ity and more amenities per dwelling unit Increases. The city will use these opportunities advantageously. li e. Density Increases can be used advantageously to protect or acquire lands that are t environmentally sensitive or of significant value to the city. The recommended land use plan Identifies the areas that will be treated as separate character areas. Increased levels of home ownership is an objective that has been determined to provide many potential community benefits, and serves an Important public purpose. DAferent regulatory options will be considered' 3 facilitate the implementation of the stated objective: to achieve a 60 percent single family - 40 percent multifamily ratio of residential development over the next twenty years. 3. Residential Neighborhood Districts a. Existing ResidentiaYlnfill Compatibility Within established residential areas, new development should respond to existing development with compatible land uses, patterns, and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that Is compatible with the existing density, neighborhood service, and commercial land uses is allowed. f b. Neighborhood Conte Now Nelahbodhoods Within the undeveloped urban and urbanizing areas of the city, new neighborhoods may develop in conventional patterns. n}Mixed-use and mixed housing types are will also be allowed to devebp b a pattern of 'neighborhood centers'. New These are oriented Inwardly, focusing on the center of the neighborhood. These neighborhoods will C"DwwohNCH MCCMPREKNSVE RAN OrCr NMVI 740 CCMP RMW%Ox Page 25 i { t I I . I RWhWd Section 4 Land Use exemplify t Wer-relationShip tween quality o va pmen , ns , ee oes and provision for adequate facilkies, These developments should locate the canter of the neighborhood within a 5- to 10-minute walking distance from the edge of the neighborhood. The center contalns uses necessary to support the surrounding neighborhood. These support uses oouid include service-oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service oriented uses. Open space Is encouraged In neighborhood centers with park uses including central neighborhood 'greens' and fioodptaln preservation. CW uses such as fire stations, schools, libraries, and mass transportation nod6s are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Llmned mukisiofy development In the neighborhood may be developed to Incorporate shops on the ground floor and offices or residences on the upper floors. c. Laroe-Lot Rural Single-family large-lot residential uses will be regulated. Outside of the urbanizing areas the size of the lots will be based on Denton County requirements. The remaining land within these areas would remain as agricultural uses. d. Other Residential Residential uses will occur within the downtown university core, community mixed use centers, regional mixed-use center, and employment centers. Some areas of the downtown university core may not be appropriate for residential uses. Multistory uses may develop uses other than residential such as office, retail, and service uses. Uses may occur In separate structures but follow a pattern of development that 1 fxuses on the mixed-use center. (See Urban Design) 4. Goals 8 Strategies a. alan Accommodate balanced future residential developments: 1) between residential and nonresidential land uses, and, 2) among the various types, styles and prices of housing: 1) Goals r Mainlaln about 60 percent of the developed land area within the city as residential land uses. Increase the percentage of owner-occupled housing to 60 percent by the year 2020. Revise the zoning regulations and consider requirements for a variety of housing types in new development. 2) Stategies Revise the zoning and subdMsion regulations to affect desired residential r land use Including: a, , i C'/.gOuRMbWAIV"WREHENSPA KMMCT M13.?J1 COW KMNft Page 28 i devised 30Ctk lit 4 LdVW WO a or land at as been developed, maintain minimum residential t sizes i.% w,e zoning coda to protect existing neighborhoods. b) For undeveloped land, take Into account both minimum residential lot size and density ranges that are consistent with the principles and concepts of the growth management strategy and plan. c) Establish design standards for all housing according to housing type. d) Enoourege a variety or housing styles, types and prices with large, newly developed neighborhoods. e) Provide adequate pubic facilities for all devalopmenl. b. Meet Prolected Demand Over the perwd from 1998 to 2020, if growth projections are accurate, nearly $0,000 additional housing units are needed In the city to accommodate projected demand. 1) Goal Accommodate 21,000 single-family homes and 18,00 mAifamily units by the year 2020 to bring the ratio of sing!e to multifamily i;ausing from 51:49 :n 1998 to 58;42 in 2020. 2) Strategies a) Establish land use plan density criteft in the development code for all housing according to the growth management strategy. b) Establ h mixed-use development areas that allow housing In regional, comrrunily, and neighborhooJ centers and the downtown university core dist ict. c. Location. Location. Locaton Increase housing opportunities In the oore of the city. i) Goals Accommodate urban-style-housing units in the university areas by 2020, Accommodate owner-oocupled (condominiums, townhouses, duplexes and single-family detached) housing units inside the loop (Loop 288,1.35 and t• 35E). Revise the development regulations and allow urban-style housing in mixed-use districts. Preserve existing single-family housing stock within the city. 2) Strategies a) Define a downtown university core district and develop small area plans that Identify speck housing opportunities and goals. b) Establish a variable-rate Impact fee for water distribution and wostev star collection lines that encourages development In the center of the c,.y. c) Establish criteria for evaluating residential zoning changes to assure oonsistency with the growth management strategy and Denton comprehenshs plan pot+cies and oonslstenoy with area plan . recommendations. f A._ d) Encourage all new de relopment to be contiguous to existing development. r every oxv vtncelnocCwral~[u:we rut SIC"MIR IMcan FLAN Keve Page 27 r r Revised Section 4 Land U" e Establish regulations that allow na n, nonres antra land uses in neighborhood centers. f) Allow higher-densRy, single and multifamily housing along major arterial roads and near intersections of arterial and collector roads. d. Densili Where it Makes Sense To achieve environmental goals, deliver urban services efficiently and allow lower densities elsewhere, higher residential density occurs in regional, community, and neighborhood activity centers. i) Goafs High densities should be concentrated where infrastructure can support them arc' near jobs, schools, shopping, and cultural centers. Increase the number of housing units and achieve higher housing densities In the downtown university core and urban centers, Enable the creation of moderate housing densities within neighborhood centers In a mixed-use setting. I 2) Sfrafeg(es a) Allow high-densty urban-style housing in appropriate areas within the downtown university core and other activity centers. b) Adopt minimum density standards In activity centers. c) Require adequate levels of service and public facilities prior to residential development. Adequate public facilities shall be a criterion by which zoning is granted. d) Determine the appropriate methods to prevent development in the 100- ! ,r year floodplain, l B. COMMERCIAL LAND USE The role of commercial activity In a city Is to provide convenient and available retail, service, and office opportunities to re 0dent . of the Denton market area. Commercial activity provides return on investment for busint as and property owners, employment opportunities for local residents, and an economic base for local taxing entities. Commercial activity generally supports community residential activity, but certaln aspects of the retail, service, and off" uses such as blg-box retail, and service and office headquarters may be more regionally oriented and act as basic elements of the economy. A summary of commercially developed and zoned land In the city follows: NEW TABLE 06 City of Denton 1005 Developed Commercial Land Uses Commercial All Percent of All Davelo d Are a Davaio d Area Developed Area t Acres 1,235 13,164 9.4 J j ource: North tre exas Cou nG ovemmenta, 1995 Land Use Definitions: Commorcla includes all office stivaures and relan buildings, such as department stores, repair stops, supermarkets and restau, ants, as well as hotels and motels. C +h axvnrawcef McaMPaFeEN9Nf Pint tfC nOr.aii!•iN COMP PIAN N lee Page 28 MR, I, i Revised Section 4 Land U" i N W TABLE M7 City of Denton 1998 Commercia! Zonln Classifications Zoning Area Percent of Classification Acres All Zoned Land Office (0 1 .3 0.4 Ne hborh ervoe NS 14.9 .0 General Retail GR _ 432.9 1.2 Commercial C 11,545.6 4.3 Central Business (CB) 54.5 0.1 Planned Developments 1,739.9 4. Total Commercial 3,946,1 11.6- V otal Zoned Area 33,7411,9 100 urce: City of Denton GI Zoning Coverage es o )er 29, 1 City of r)enton Planning Dept.; Planned Development Summary, March 1998 1. Primary Commercial Land-Use Principles m Maintaining Balpn It is the desire of the residents of Denton to maintain and enhance the balance between residential and commercial land uses and assessed values in Denton. b. Limiting Strip Development One or the overall goals of the land use plan Is to limit the amount of strip commercial development along Denton's arterial streets, collectors, and highways. i a Demanding Quality The quality of development, particularly commercial development along the city's corridors, is a significant factor In the quality of neighborhoods, the urban environment, and the sustainability of structures. Adequate public facilities shall be a criterion by Which zoning Is granted. 2, Commerclai Land-Use Classifications a. Regional Activity Center For a regional aclivily center, the focus area contains the shopping, services, recreation, employment, and lnstiluttonal facilities supported by and serving an entiru region. A regional activity center could Include a regional shopping mall, a number of major employers, restaurant and entertalomant facilities, a large high school or community college and high-density housing. A regional activilycenlar Is considerably larger and more diverse In he tend uses than any other activity center. It Includes vertically integrated uses where different uses may occur on each floor of the building. , A , b. C2nmun1lvActivhv Center r ! ' The focus area of a community acNity center contains the shopping, services, recreation, employment, and Institutional facilities that are required and supported by the surrounding community. Thus, a communhy activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a oommunhy park, mld•size offices, and employers, high- to moderale- C M« oo-wa'uclE rMCdAPPE HENS at PUN SECTON! 11 rM CbP"N Oo Page 29 i; i Revised Section 4 Land Use density housing, a perhaps an elementary or m oo . es vertically Integrated uses where different uses may occur on each floor of the building. a Neighborhood Center Services The focus area of a neighborhood center contains facilities vital to the day-to-day activity of the neighborhood. A nelghborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, Individual office space, or a small park. These diverse facilities are Ideally located In close proximity to one another in the center, so that all the essential neighborhood facilities are In one convenient location, accessible in a single stop or by walking or biking. It includes vertically Integrated uses where different uses may occur on each floor of the building, d. Downtown University Core District Specfied commercial areas of the downtown university core district should be places of great vitality, with a mix of educational, residential, retail, office, service, government, culture!, and entertainmentdevelopment. The health and vitalityof the area can contribute In a major way to the city, it's local and regional Image, and € quality of life. lt is a place where residents can live, work, team, and play In the i some neighborhood. It includes different uses which may occur on each floor of the building. 3. Goals a Strategies a. Organize Commercial Land Uses, Goals • To provide for reasonable amounts and distribution of various types of commercial land use in attractive and well-located settings. • To provide for commercial activities in planned activity or neighborhood centers, rather than on scattered sites or highway strips. • To develop activity centers where commercial uses, professional offioss, and public facilities are located near residential development, white providing safe and convenient pedestrian access. To maintain, Intensify, and/or expand existing commercial areas, where appropriate, while removing commercial uses from, and stopping Intrusions Into, areas not appropriate for eommercial use, • To locate neigh boyhood-orlented, commercial activities conveniently to dwelling units In order to minimize the need for frequent automobile trips for everyday household needs. • To encourage the location of day-care centers, housing, churches, social clubs, and other quasipublic uses within or adjacent to activity centers in order to share public facilities and help establish these areas as focal points. 2) Strategies v d , a) As commercial areas are developed, redeveloped, or expanded, the r f~. provision of multiple-use activity centers, as identified in the plan, is developed in lieu of development as single-funct on shopping areas. CVq Do wft"lMGOWMENEN9NE MM MC IIM1102 799 CW MM H&C Page 30 ROVisad Section 4 Land U" t Commercial activity or ne centers are a preerne tan r retail, commercial, and community services and encroachment of these uses Into other areas is discouraged. c) Commercial development occurs only In activity centers that are appropriate to its service and trade area and that are compatible with adjacent existing and proposed land uses and with existing and programmed public services and facilities. d) Sendce-commercial establishments locate In appropriate sc IMy centers, rather than at haphazardly chosen locations that contibuts to the formation of strip or spot commercial development. e) The location and size of nelghborhood centers areas relate to the character and needs of the specific residential development these centers a-e intended to serve. b. Develop Design Standards: 1) Goals To provide for convenient, aesthetically pleasing, and environmentally sound commercial opportunities that are easily accessible to the existing transportation network. To enoou rage and provide for the upgredarg and maintenance of commercial corridors. To develop and maintain a healthy, vital downtown. (See Urban Design Section) 2) Strategies a) Redeveloped and expanded commercial areas are subjected to high standards of site design and designed in relation to surrounding areas so as to provide safe, visually pleasing vehicle and pedestrian access without compromising the character and appearance of the built and natural environments. b) Activity centers are integrated with surrounding streets and uses, where appropriate, by means of landscaping, berme, fencing, and the thing of structures. Facades, architectural screening (walls, fences, parapets, eta) and a unified landscape treatment Is consistent and creates an identifiable activity center, c) Neighborhood centers may include uses specifically supportive of the neighborhood, uses in scale with residential structures, and service-orlented uses such as day-care centers, dry cleaners, comer stores, civic structures, and moderate-densky housing, when the design demonstrates adequately that these uses and structures will be compatible with bath the neighborhood center and the surrounding neighborhood. , r~ A , d) Renovation and reuse of downtown buildings will be epproprWely scaled, r;. t high-quality design, and maintenance Is necessary to bind the downtown Into a quality environment. ewryoocr"IWetnecoWMEr NSMruMStCrONI t-Foroae"A&e page 31 f t t t PAWkw d SOCUM 4 Land Use e wings are designed to comps es character and built form, or with surrounding development, c. Maintain a Diversity of Land Uses in the Communit f) Goals To create job opportunities and enhance the economic base of the planning area and the county, by focusing on retaining and attracting commercial uses, in particular retail and ssrvloe-oriented buslness, in addition to focusing on Industrial economic development activities, and by developing an up-lo-date Inventory of all businesses and buildings within the planning area. Information on size, average rents, property values and amen hie 8, traffic counts, and estimated sales of existing businesses should be included. A breakdown of the categories for types of businesses will also be useful. 2) Strategy a) The amount and type of proposed retap-oommerdal uses permitted In an activity center is based upon an analysis of the potential market generated by the size and type of population that will live wfthin the center's market area. The analysis should also take Into consideration all other nearby existing or approved commercial uses and the possibility of overlapping service areas. C. INDUSTRIAL LAND USES The role of Industry in Denton Is relatively new. Two historic industries dale back to before the turn of the century: Momson's Milling, a processor and manufacturer of food products located near downtown Denton, and Acme Brick, a manufacturer of building products located south of I• 35E, east of Fort Worth Drive. Denton's economy has been more dependent upon government, education, and retail activities for its base. In the past several decades, many additional manufacturing entities have made their home in Denton, broadening the employment base In a time when most communities are becoming less dependent upon industrial Jobs. Donlon currently has approximately 5,098 acres (nearly 8 square miles) of industrially zoned land located throughout the city. Depending upon site and infrastructure needs, prospective businesses are presented with several options as to location, price of land, and degree of Infrastructure in place. Internal existing Infrastructure varies as well as diroWndlred highway access. It Is very Important that opportunities for publiclprlvate development partnershlps be formed to Identify and encourage addressing specific Infrastructure needs within the Industrial and employment centers. A land use inventory indicates that there are approximately 1,167 acres of developed Industrial land use, less than 24 percent of the industrially zoned land within the city. The developed Industrial land represents 16 acres per thousand population. A C #h Ooam►%W-K WOUF,"KhrA K M IFCTICWS-140 CON RAN N lot Pape 32 i f Rdevlsed Section 4 Land Use suAummmary o n ust a y eve ope a zone in e city follows: NEWTABLE $8 City of Denton 1995 Developed Industrial Land Uses Industrial All Percent of Developed Developed All Developed Area Area Area Acres 1,167 13,184 8.8 i ourM North Central Texas Council of Go vemments, 1 5 Land Use I latest data ovaTloble) Definitions frlef includes manufacturing plants, warehouses, office showrooms, etc. NEW TABLE #9 City of Denton 1998 Industrial Zoning Classifications Zoning Ares Percentof j Classification Acres All Zoned Land L hIIndustrial LI 4,448,5 12A Heavy Industrial HIL_ 116.5 0.3 Planned Developments 532.7 .4 I Total Commerc a-f 5, 97.7 1 .2 Total Zoned Area 35,741.9 100 ounce: City o Benton I oning Coverage as ctober 9. 1998 i City of Denton, Planned Development Summary, March 1998 Note: Planned development (PQ 139) had a classification of 'euslness Park' that allowed commercial and Industrial uses. For the Purposes of these tables, buslness park h, s been Included In commercial land uses. i Community goals should be Incorporated Into Industrial recruitment and expa•ision programs. i Therefore, a primary goal of economic diversification Is to attract and recruit industries that use high-quality environmental practices, bring new capital Into the economy, and provide higher- than-average wage jobs, Just as Important as the make-up of ~ AJ-stry within Denton Is its location. The land use plan focuses on designated locations for certain types of industrial uses with large manufacturing facilities locating In Industrial centers and light manufacturing facilities In both Industrial centers and employment centers. Current development standards and 1 permitted uses should be reviewed to ensure compatibility within the centers and surrounding land uses. i I 1. Pri,K ary Industrial Land Use Principles a. 9rnanizina to Minlmlze Conflicts It Is the desire of the residents of Denton to organize Industrial and employment land ,r use districts so as to minimize conflicts with adjotnlnd land uses and to most efficiently utilize the existing transportation systerns. C'My Ljcft MC5fi COSU'A[4%1S" RAN INTOONS11 t ?-"COW RANNlot Page 33 I I l I Revised Section 4 L W Use ~ b. Vey5loolng r to Just as the quality of commercial development Is Important to Denlon residents, the performance standards of industrtal and employment development Is critical to the health, safety, and welfare of the community, its environment and its security. 2. Proposed Land-Use Clessificalions a. Industrial Centers industrial centers are Intended to provide locations for a variety of work processes and work places such as manufacturing, warehousing and distributing, Indoor and outdoor storage, and a wide range of commercial and industrial operations. The industrial centers may also accommodate complementary and supporting uses such as convenience shopping and childcare centers. There will most likely be Instances where residential uses will be Incompatible with industrial and manufacturing processes used In Industrial centers. Adequate public facilities shall be a criterion by which zoning Is granted. b. Employment Centers Employment centers are Intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also Intended to accommodate secondary uses that complement or support the primary workplace uses, such as hoists, restaurants, convenience shopping, and child-care, Adequate public facilities shall be a criterion by whlrh zoning Is granted. Additionally, employment centers are Intended to: • Encourage the development of office and business workplaces in close proximity to housing, civic, and recreational uses; j I a Promote excellence in the design and construction of buildings, outdoor spaces, transportation facilities, and streetscapes; a Direct the development of workplaces consistent with the availability of public facilities and services; and, Continue the vitality and quality of life In adjacent neighborhoods. c. 1-ndv rst Ia1 Uses Industrial uses could be described as those engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially Involve hazardous conditions. industrial would also Include those uses engaged In the cleaning of equipment or work processes Involving solvents, solid waste or sanitary waste transfer stations, recycling establishments, and transport terminals (truck terminals, public works yards, container storage). Industrial uses would be allowed In Industrial centers as designated on the land use plan. d. LlohI Industrial Uses Light Industrial uses could be described as those engaged In the manufacture, r predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, Incidental storage, sales, and distribution of such products, Further, light Industrial would Include the manufacture of electronic Instruments, preparation of food products, pharmaceutical eAh0~~Wulw4cwR *h"KM rc "511arewwnonKa Page 34 j I~ i . II Revis®d Section 4 L MW Use i { manufacturing, research an ac nix; rato s, and similar u-se-9. t us na uses would not Include mining and extracting Industries, petrochemleal Industries, rubber refining, primary metal and related industries. Light industrial uses would be allowed in Industrial centers and employment centers as designated on the land use plan. Heavy Industries will not be permitted in Industrial areas. 3. Industrial Centers The land use plan identifies four Industrial centers. Denton Is strategically located at the junction of U.S, Interstate 35, 35Eas1, and 35West, providing excellent transportation of goods from Mexico to Canada. In addition, State Highway 380 establishes access to east and west markets. All Industrial zoning districts are located along these major thoroughfares or are connected via Loop 288. a. Westem Industrial Center Denton's largest Industral area Is located In the western-most Denton, with the Denton Munlclpal Alrport as Its central focus, It Is bordered by U.S. Interstate 35 on the east, by the proposed extension of Loop 288 on the west, and by U.S. Highway 380 on the north. b. Acme industrial Center This center is located h south central portion of Denton between US 377 and Teasley Lane. Mission Road provides the southern boundary. c. Southeast Industrial Center This center Is located In the southeast portion of the city with Loop 288 providing the northwestern boundaary and the r bandonad railroad providing the southwestern boundary. 1 d. Northeast Industrial Center This Industrial center is located on the north side of U.S. 380, Immediately east of Loop 288 in the northeast portion of the city. The Union Pacific Railroad runs along the nonf ern boundary of the area 4, Industrial Centers The land use plan Identifies four employment centers. a Northwest Employment Center The Northwest Employment Center is located to the west of U.S. Interstate 35 and to i the south and east of the proposed Loop 288 extension. The Kansas City Southem Railroad bisects the area running from the northwest to the southeast, b. $oulhwest Employment Center The Southwest Employment Center is located :ouch of the Western Industrial Center on the west side of 1~35W. The proposed Loop 288 extension defines the western boundary of the center, c. East Loop 288 Employment Centel r I This center runs along both sides of the easternmost portion of Loop 288 from McKinney north beyond Mingo Road, C 0, OxwoWBErW WRECOV4RAM rFM041102 l M COUP PLMNb: Page 35 I i I~ I h 4 I Re rased SOCOM4 Land-Use x8 p n This center Is located In the southeast portion of Denton. The center extends pest Woodrow Lana on the west and past Mayhill on the east Spencer Road provides the southern boundary. The northern boundary Is formed by ft fkodplain between Woodrow and Loop 288. 5. Goals and Strategies a, Infrastruclure Partnerships 1) Goal When appropriate, the city should form publIclprvate partnerships to meet Infrastructure needs within the Industrial &strcts. Development that compliments existing businesses In the district should be encouraged, 2) Strategy a) Considerations should be given to businesses that are In line with economic diversification and environmental policy statements. b, Marketing PartnershW 1) Goal The economic development partnershlp formed by tha City of Denton and the Denton Chamber of Commerce should work closely with property owners within each Industrial disIM to market land to businesses identified as appropriate for each dlstrlot. 2) Strateg;es a) Create a target list of businesses suitable for each district to be Included In the overall marketing plan. b) Consider public/private partnerships to stimulate location and expansion of businesses within the districts. c. University Partnershlos 1) Goal The University of North Texas, Texas Woman's University, and North Central Texas College should be considered a vital part of the marketing program. 2. Strategies a) Continue to develop partnerships with the higher education Institutions, focusing on the development of research activities, training, sM entrepreneurial opportunities, b) Assist the higher education Institutions in creating links with private Industry, D. 0% D USES ! Civic land uses are lands that are public or quasipubk In nature, Including but not limited to; c v+, ox nucem+cowsc chr v[ "moue va w cow run N aR Page 36 c Rfevised Section 4 Land Use • Lands owned and utilized by public agencies or govommonts or the public good; • Lands dedicated as parks, drainage facilities or open space; and, • Lands that are owned and operated In a quasipublic manner such as churches or private schools, A summary oldeveloped civic land follows: NEW TABLE 010 i City of Denton 1995 Developed Civic Land Uses Type of Civic Area Percent of All Land Use Developed Developed Acres Lan, InstiluRional 1,062 8.0 Infrastructure 1,638 13,9 Dedicat _ 1,060 8.0 Water 126 0.3 Total Civlc 4,088 30.9 Source: North Central Texas Council Govemments, 1995 Land Use (latest data a%allabte) Defnilions: n fit ten Includes uses such as churches, government facilities, museums, schools, hospitals, medicat clinics, libraries, and military bases. Ln-fmgnic urg Includes all roads, airpor;r 'o,ciuding terminals and runways, railroads, radio and television communicailon stations, truck terminals, sewage treatment and power plants, power line easements, pump stations, water treatment plants, and water systems, etc. Dedcated an Includes all public and private parks, golf courses, cemeteries, tennis courts, swimming pools, amusement parks, sanitary landfills, land applications and similar waste management facilities. Also Includes major good control structures, levies and flood channels. of rlncludes all water bodies. In addition to the local municipal govermment. Denton is home to the University of North Texas, Texas Woman's University, the Denton State School, Denton County, and the Federal Emergency Management Administration, all of which have significant lend holdings. In addition, within Denton there are two major interstate highways, two mater railroad rights-of-way, and nu nerous other state highways. Civic land uses should be used to the maximum extent possible to lead and guide development. The community should Invest in civic development that serves as local landmarks. Civic land uses can be organized to provide focus for regional, community, and nelghbolhood activity centers. Civic land uses can be located to provide shared facilities and most efficient use of land Civic land uses can be used to prevent strip commercial development along the regional and community highway system. I ~I + 1, Role of the Universities and Schools Collectively, the University of North Texas, Texas Woman's University, the Denton State School, and the facilities of the Denton Independent School District comprise a significant, but not large, portion of Demon's developed land area. 1 hese Institutions are major C Mr Uoc,nwmMCBEhfCdAPRENEMIM ruthlECrluu+tl7EE CQ:} IRAN Eoe page 3? I- ` I IM 1 f I 1 i Revised Section 4 Lid Use employers In the community an are most s n the eeonom c engine Denton. it n these lands are recreational facilities, goo courses at the two universities, and open space and park lands at many schools, that have community-wide benefits. 2, Impact on Tax Base The lax base of the community has historically been thought of as 'taxable property', but since the advent of the additional % cent sales tax in Denton, total city sales taxeb collected are now greater than the total city property taxes. The dominant tax base in Denton is now taxable expenditures. + Even though public Institutions do i , appear on the property tax rolls, their Impact on tho city's tax base is significant. Institutional expenditures and payroll that Is spent locally are an important component of local sales taxes collected. The more administrators, teachers, and students that live and make expenditures In Denton, the greater their Impact on the local tax base. Utility revenues derived from the universities are an Important benefit to the city. , Less significant Is the role of these civic land uses on the tax base of the local school district and Denton County. These t ntitieb do not have the ability to collect sales taxes and } therefore are limited to local property taxes and Into rgovem me ntal transfers for revenues, The impact on county and school tax bases is secondary in nature, depending upon the { investment of employees In their housing and the Investment of community commercial entities seeking to capture the expenditures of the institutions and their employees. } Civic ?and uses include lands owned by public or privato nonprofit entities that are accessible to the general public and contribute to the chric fabric of the community. This uses Include the streets, parks and public buildings maintained by the coy, county, state and federal governments, as well as privately-owned and matnlalned Institutions such as churches and private schools. Civic land uses make up a significant share of the total developed land in the city. 3. Primary Civic Land Use Principles a. ro ' i u t ublic F- ilis One of the primary functions of cNIc land uses Is to support existing and proposed development with adequate public facilities. Adequate public facilities shall be a criterion by which zoning Is granted. b. 14 ildin n mark `I E, measure of the Identity of a community is its enduring landmark buildings and places. Most of these are civic In nature, public or quasipubtic places that enhance the quality of life for all residents. c. Enhancing Corridors Civic land uses, Including the city's corridors themselves, can be enhanced to r distinguish and encourage the beautification of the non-civic band uses along these A corridors. I C M Dm.~*XbilnTCWPNE'EN9NtPUN BE Cr4h5d1.1410 COW PLAN NbK Page 38 t. Revised Section 4 L"Id Use E. MUNICIPAL FLk9jQW ~ I Denton's city government Is obligated to provide high quality pubis facilities while, at the same time, limiting the financial burden of these facilities as much as possible. The availability of an array or public facilities relates strongly to 0,.,- clue!ity of life for residents. These facilities can be centralized or decentralized and they are managed based on performance standards related to growth, new development, service standards, and convenience, The development and Implementation of goals and policies helps the city to ensure public facilities will be available to serve now development. It also supports the city's efforts toward In-fill development and redevelopment by ensuring that development away from the sty oors does not depr,ve In-fill end redevelopment activity because of Inadequate fac'lity capacity. These policies should be coordinated with the city's overall program for scheduling and funding capital facilities. Public facilities include a vast number of focal government bulidings, facilities, and places, including; • Streets • uliliWs • Police facilities • Fire facilities • Parks and recreation facilities • Libraries • Airport • General government facilities such as the service center, city hall, city hall east, and city hall west. In addition, other levels of government maintain comparable public facilities, Denton County maintains its general government, courts and )aU facilities. The State of Texas malntains many general government offices as well as Texas Department of Transportation (TXDOT) maintenance facilities, The federal government also maintains many facilities In and around Denton, 1. Categories of Service Public facilities may be centralized or distributed around the city. Many services, such as administration, customer service, rode enforcement, bulld!ng inspections, engineering, and planning are developed as cenValized manner. These offices are located towards the center of the city to provide equal access to all the residents, Other public facilities are located throughout the community, Parks, fre stations, schools, and even some police facilities are located In many different arsas. 2. Goals 3 Strategist a. Adecu~te Public Facilities 1) Goal To provide muniGpal facilities adequate to support the future development of r Denton, ~ As o t C fy oa...warACet TTCOel011Er[nfM nAn 81ir"M12.144 COMP ftMA Ice Page 39 C Rievlsed SOC&M 4 Land Use ratog es a) Identify thresholds of development that require civic support and } Investment In civic facllittes. b) Combine civic uses for most efficlenl use of resources -for example, the location of city parks adjacent to school facilities. b. Reolonal ConlerActivltieli 1) Goat To organize civic land uses into regional activity centers. 2) Strateg"es f a) Locale major recreational scWlty centers within or adjacent to regional activity centers, Industrial, or employment districts. I b) Locale high ecbool and school athletic fac,121es within or adjacent to regional activity centers. c) Consolidatd university land uses within the downtown university core area. d) Locale major local government fatalities within the do*,-tvrwn area. b. Community Center Adyftin 1) Goat To organize ctvlc land uses Into oommunity activity rsnters. 2) Strategles a) Locate middle schools within or adjacent to community activity centers. b) Churches, service clubs, and rAher oliaslpublic uses are encouraged to locate within appropriate activity centers, to help establish these areas as focal points and to provide for the sharing of parking and other facilities. c, Nelghb6rbood Center Activities 1)008/ To organize civic land uses Into neighborhood centers. 2) Strategy a) Locate elementary schools within or adjacent to neighborhood centers, d. Landmarks 1 1) Goal 1111 To develop civic landmarks. r 2) Strategles r Ae a) Provide a budget for exemplary architectural details when constructing community facilities, b) Develop civic I&Amarks that lead by example. t ry Dx.ww6 LKI(MLpMPEMFMIM PWI II~hW h11 }M COMP hM V1Ice Page 40 I11r I r` 1 i I i Revised Section 4 Land Use a f) Ooaf m n 1 To utilize civic land uses to lead and guide other development. 2) Strategies a) Locate civic facilities along major corridors to prevent strip commercial development, b) Implement the parks and recreation master plan to provide a system of parks and greenways. F. SPECIAL DISTRICTS Use of small area plans will be used to develop distinctive and specific plans for special districts or areas of the city that require specific treatment because of that areas uniqueness or specific Issues should be used. Within the planning area, severe? special districts warrant special attention because of their unique character, special role In the land use patterns, or unique opportunities for the community. They Include: • The Downtown University Core District • The Ray Roberts Lake District The Denton Municipal Airport Area • The undeveloped 100-year floodptains These special districts help knit the components or the community into a place that has unique identity and special character. They are Importa it destinations for living, working, shopping, and playing, and become focal points of the city. These districts represent the opportunity and potential to achieve the cohesiveness of a city rather than a collection of Individual neighborhoods and subdivisions. 1. The Downtown University Core District Residents will continue to view the downtown university core as a unique and dominant area { In the heart of the city that merits special planning attention. A comprehensive downtown revitalization program, based on the strategies of the Texas Main Street program, should be implemented to maintain the momentum created by recent successes and Improvements. It Is Important to encourage the broadest mix of activities and greatest Intensity of development within the entire downtown university core. To promote the continued vitality of the downtown area, particular attention should focus on the retell core, Including encouragement of hospitality uses. Denton's Image Is strongly influenced by its universities, and efforts should be made to enhance their appearance and connectivity to the community whenever possible. The city should strive to encourage more community interaction with the universities by linking physical access between unversity and public property. In support of a vision for Denton 2001 proposal, the city allocated funds to begin the connectivity process. Street and landscape Improvements are being designed to Improve downtown and begin the creation of an 'arts corridor" linking the Visual Arts Center with the courthouse square. G oocuwi~EltlEtMtOMOREIENlNE RAI! IECnp.l~~t1p Gow nAV N!x Page 41 ~ ! ill II i , I Revised Section 4 Land Use The uniqueness o the downtown university core areas create a ae o spec rneds specifically for those areas. Further study should investigate zoning, parking, special mixed- uses, density, and the creation of tax Increment financing or other special Improvement districts, Consideration or a historic district for downtown end conservation districts along Congress and Elm/Locust should be investigated, Smal area plans should be used to delineate special needs areas within the district. 2. The Ray Roberts Lake District Perhaps the greatest environmental, economic, and recreation asset or the city, as well as North Central Texas, Is Ray Roberts Lake. 71,e less obvious but nonetheless primary purpose of the reservoir, however, Is its use as a crucial raw water supply for the cities of Dallas and Denton, Balancing these competing Interests - recreation/development uses and environmental ooncfms, especially water quality issues - Is a primary concern for the city. Because of the many un!que aspects and opportunities this reservoir offers, the city considers it a special district within the comprehensive plan. Located twelve miles north of the city and forty-five miles from the heart of the metroplex, Ray Roberts Lake not only supplies Denton and Dallas with a significant raw water source, but also offers an outdoor recreation experience rarely found so close to a large urban area. The dam that creates the lake Is on the Elm Fork of the Trinity River, thirty miles upstream from the Lake Lewisville dam. The Elm Fork watershed above the lake has a total drainage are of 692 square miles. The oonsorvatlon pool Is 29,350 acres at an elevation of 832,5 feet. In addition to a large water surface area, 19,216 acres of recreation and wildlife management area are associated with the lake. The authorized purposes of the lake are water supply for Dallas and Denton, recreation (specifically parks, boat ramps, camping sites, and trails), and fish and wildlife conservation and enhancement. 3. The Denton Municipal Airport I The economy plays a major role In the health and vitality of the aviation industry and is reflected in the amount of hangar and business development at munlolpal airports throughout the nation. Aviation development at the Denton Municipal Airport was nearly nonexistent during the 19889 - a low point In the nation's aviation economy. However, tho city has witnossed a significant Increase In airport development In the last three years. It Is important that expansion and capital improvements continue to be coordinated with the Federal Aviation Administration and Texas Department of Transportation Aviation Division, and the existing partnership must be nurtured In order to ensure adequate facilities for future growth. It will be necessary to take a close look at unique development opportunities for the Denton Municipal Airport In its relation to the growth of the city and the Industrial base nearby. The small area plan process should also be implemented at the airport In order to provide appropriated regulations where special circumslances warrant variation from or supplementation of standard zoning and building provisions (e.g , landscape ordinance, zero lot lines, fire, and building codes), 4, The Undeveloped Floodpfains of the Area A Among the most dominant physical features of the planning area are the floodplaln areas of ! Clear Creek, Cooper Creek, Pecan Creek and Hickory Creek, Within the planning area, r / these fioodplalns encompass 65 square miles, or nearly a fourth of the entire land area. Only about 6 percent of the fioodplain area within the planning area have been reclaimed by t Of Do.u WCKnK0MPNE,94114RAN 1111 CIMS11 If NCAMP RANNlet Page 42 CS p Rievised Section 4 Larxl Use f development, about percent o the pan area remains In undeveloped, na ores - condition. Additionally, altes have been Identified on the land use plan that have significant environmental sensltivity. Areas of environmental sensitivity will be protected from development Impacts, Environmentally sensitive arose will be further Identified In the land development code's environmental regulations. Environmentally sensitlve areas should be an overlay district to all land use designations. There may be some uses allowed within some arose and none In others dependent on the environmental enolysls. Conservation of environmentally sensitive areas is Important for the community for a variety of reasons: • Prevents development In areas of environmental sensitivity Preserves quality environmental features of the area • Protects wlldi:fe habitats evident In these areas • Prevents destruction of native vegetation • Provides vital open space, pedestrian tt bicycling corridors that link neighborhoods • Conserves geographically Important landmarks • Enhances the value of adjacent properties The undeveloped fioodpiain areas represent a unique opportunity to preserve an Important natural feature of the community while meeting significant community goals, Preservation of f oodplain offers these benefits: J a Prevents development In the f oodpiain subject to flooding • Protects adjoining and downstream property from Impacts of eroding • Conserves natural habitat for wildlHe • Maintains the quality of the city's water supply • Provides vital open space for recreation opportinhies • Provides Important corridors for pedestrian and bicycle trails linking neighborhoods together Enhances values of adjoining property • Creates o'green' Identity for Denton Regulations that preserve to the maximum extent possible these floodplain areas In their natural condition should be developed and Implemented through the zoning and land development codes of the city. I i At C W, OaNw4M[•lTMCOMNIEMEN•M RAN mr0owp s 141 eoNr"N fine Page 43 I l F i Revised SOCUM S HoWng 1. Introduction Housing is the predominant land use In Denton. Housing and residential lend vee Is one of the most Important factors considered in the comprehensive plan. Housing is !mportant, not only in Its own right, but also because It strongly Influences the size of the popu+alk,n and its balance of demographic factors, such as household size, age, and Income. Housing has different meanings to different people. Some people envision a farm with acreage, while others think of an apartment on the square. Home ownsrehlp continues to be an important element or the American dream. Housing construction and land costs have made this goal of many households much more difficult to achieve, and growth Intensifies the competition and demand for existing homes. homes that are similar to each other tend to be concentrated In one area, a phenomenon that creates neighborhoods based on Income. Development and lending practices are market-driven, and construction that is affordable for low. and moderate- Income households Is becoming more and more rare. Because of their potentlat y greater impact on Infrastructure, higher density apartments and manufactured housing should be located with great care. Neighborhoods can be defined In many ways, but for the purposes of the comprehensive plan, they are viewed as clusters of residential development the share social ties. Neighborhoods form the backgrounof Denton a citizenry; thesef areas arelwhand ere people live. Neighborhoods are expected to be safe and secure, places of quality where families thrive and children go to school and play. Neighborhoods face challenges as well. Low-income and minority neighborhoods need revitalization assistance. Other neighborhoods feet overwhelmed by traffic congestion and development that outstrips the city's ability to provide schools and other services. An Inoreasing body of knowledge Indicates that large-lot, singlo-use neighborhood subdivisions contribute to urban sprawl, causing city Infrastructure sysierra+ to be stressed and Inefficient. When services are inefficiently provided, tax dollars are not spent wisely. A recent series of national debates has also focused on the relationship between neighborhood design and quality of fife. Current zoning trends tend to separate land uses from each other, Increasing the need to travel and promoting social Isolation for the less mobile members of the community, primarily the young, the elderly, and the disabled, these subdivislon practices have been found to contribute to greatly Increased vehicle use, vehicle speeds, and thoroughfare traffic oongeetton. These Issues must be understood as Denton's future Is planned. Il. Policies A. HOUSING POLICIES ~ d , ~t r 1. Alternative types of housing that respond to the differing economic and IndiWdual life- styles of Demon's citizens that should be developed In alt areas of the city to achieve balance and diversity. Cww Dau+rraMKltrMGd1e11ErENfM pLAM EE rO41LI1ECCM►hMlW ON Page 41 I I F i Revised Section 5 Housing 2, Homes that vary In lot size, building size, and cast may be permitted In new development. 3, Existing housing block, particularly for affordable housing, should be projected and preserved to avoid the loss of dweiling units that are unlikely to be replaced. 4. Incentives should be Investigated to encourage Infdl housing construction, especially In conjunction with neighborhood revitalization plans, 5. Design and construction quality expectations should not be relaxed In order to meet affordable housing objectives, 6. City review and Inspection fees should be reviewed to determine If changes could be mada to ease affordable home constructlon costs. Such a program should be undertaken only if benefits are passed on to low- and moderate-Inoome homebuyers. 7. The need to provide enough land to meet housing demand should be balanced by the desire to maintain unique urban patterns, character, and neighborhoods of the city. 8. The range of housing types available for the specialized needs of the elderly, disabled, low-Income, students, single-person, or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods. g. Areas where higher housing dsnsities are allowed should be supported only after the availability of employment, commercial services, schools, public utilities and facilities, and transit, peJestrian, and bicycle systems has been addressed. B. NEIGHBORHOOD POLICIES 1. All neighborhoods shall be served by adequate Infrasbucture and shall have adequate access to public and community facilities, 2, Land use policies that encourage a mlx of uses should be Investigated to offer a range of benefits to residents and the entire city. Standards could ensure well-designed mixed-use projects for undeveloped property, Including the mitigat(on of any potential adverse Impacts on existing neighborhoods. i 3. Existing neighborhoods should be protected and preserved. 4. Bicycle and pedestrian traffic within and between neighborhoods should be encouraged to promote public safety and reduce vehicle use. 5. Discussions should be initialed to determine how neighborhoods can be designed to promote social contact and We responsibility, The mobility-impaired citizens of the city, r Including the elderly, young and disabled, should be provided affordable and timely access ~ A, , to stores, libraries, parks, amusements, and other facilities that promote social well-being. l 6. A forum should be developed to address neighborhood qualily-of-life Issues, avoid competition for resources among neighborhoods, and ensure that the larger community City Oae, bM('.IETrKOMORENln7M1{HAh fE[npili It fit COW PLAN N lot Page 45 ~I U socum Housing ~ f interests are n0 sacrificed of a area a single ne 0 y 0 non will designate a 'eingle point of contact" stall lisloon to provide Information and support to neighborhood groups. A Existing Situation Denton's single-family homes come In many styles, sizes, and ages. In the much-admired, hlsloric core of the community, older bungalows and larger estate-style homes exist aide-by- aide Many dwellings In the older part of Denton would today be classified as accessory dweilings: dwellings such as an apartment above a garage or at the rear of a home that is secondary to the primary residence on the property. The Unlveraily of North Texas and Texas Women's University play a significant role in the demand for housing In the city. Because of a relativety young, transient, and very mobile university-reisled population, Denton has a greater percentage of multifamily dwelling unite that any other community in the Dallas Fort Worth metroplex. There lea wide vorlety of rental multifamily housing types, ranging from duplexes to large apartment com; taxes that offer many amenities, such as clubhouses, pools, and security. Denton's existing housing situs ion Is strongly Influenced by the same regional forces that affect the local economy. Denton Is primarily a free-standing community with a balance of work, Ilve, play and learn opportunities, yet Is linked to the OFF metropiex and to the surrounding rural countryside. A significant number of people who work In other places within the Dallas-Fort Worth area choose to make Denton their home, while a large number of those who work in Donlon choose to live In outlying oommunlttes or rural areas. On any given day oommulera leave Denton and come to Denton for work opportunities. The trend In newer reeldenttat development has been toward subdivisions and nelghborhoods that have similar characteristics. The nearly equal m1x of singlo- and multifamity housing In Denton produces household characteristics that are very unusual. Denton has an unusually large number of households that have only one or two people, resulting In an average household sire of 2.3 persons per household which is about 20 percent less than the average elsewhere In the region. e+M coN+ewaanecasu r<~swt h w uenarhf:a n eao a ova ke page 4 E r, Rervlsed Section 5 Housing able 5.1 Denton Planning Area and Denton Urbanizing Area Estimates of Population and Required Housing Units 1999.2020 Denton Denton Planning Urbanizing Area Area 1999 Population Estimate 87,930 80,220 1999 Area (Square Miies 275 71 1999 Population per uare Mile 320 7.3-36- 2020 Population Estimate 215,11 183,950 'l N-Xrea (Square ,des 00 20 Population per square i e 8 1, Chan a in Po ulation 127,1 0 108,290 Percent Chan a 1998-2020 145% 144% Change In Ingle-Famlly Population 94,100 75,21 Cha a In u ti- 'amt o Morton 3,080 33,060 R uireSingle-Family nits 33,600 85 28,860 59 Required Mum-Famil units 18,400 35% 18,400 1°h Source: City o nion, EI Population Forecast, 1 I vV. C issues { i A. 4ENERAL HOUSING ISSUE9 f Housing end residential Land use Issues include the followir • Nelghborbood protection • Housing density • Walkable neighborhoods and convenient neighborhood services • HoubIng affordability • Housing accessibility • Sprawl and Inefficient provision of urban services • Manufactured housing siting 8. ROLE OF MANUFACTURED HOUSINO For some time, city leaders have struggled with the issue of manufactured housing. For some time city leaders have struggled with this Issue, The character of manufactured housing has been perceived as having a negative Impact on the property value of nearby single-family homes. Current zoning In Denton allows manufactured housing In parks on less land per unit than conventional single-family housing. This is possible with an approved specific use permit ti within the agricultural, commercial, light Industrial and muhifamily-two zoning districts. Manufactured housing offers to low- sn:I moderate-Income households an alternative to rental apartments. Strict design and compatibility standards must be maintained for manufactured housing. c oen.wvusnocur~cNtHSMnaucrro•a+.r.noarnweex Page 41 r, II, III II III Revised Secdon 5 Housing I C. QOWNTOWN UNIVERSITY CORE HOUSING j The historic downtown area of Denton offers unique opportunities for housing a growing segment of the community; small, non-family households for those who want to live near where they work, play, or go to school. The area generally sounded by Carroll Boulevard, Eagle Drive, Bell Avenue, and Congress Street has several stable and affordabie single-family neighborhoods that need to be preserved. Throughout the United States, downtown housing Is booming. Cities are reversing a long, steady decline In the number of housing units in their core areas. In Denton, this phenomenon Is occurring at a very small scale. Housing units are being created above stores a few units at a time, The Pecan Place senior housing project Is the largest recent downtown housing project. High-density, urban-style housing should be encouraged In the downtown area tnrough mixed- use types of projects. The city can do this by: I Offering convenient transit service connecting to universities, job centers, and shopping areas a Providing streets with safe, pleasant pedestrian connections from downtown to both universities a Keeping major city Institutions such as the library, city halls, and 1>01los departments In the downtown area Collectively, the University of North Texas and Texas Woman's University had a 1998 enrollment of about 34,000 students. It Is estimated that less than hall the enrolled students live in the city. If more students lived on the campuses or adjacent to the campuses, many positive Impacts on the community would be created: s Opportunities for transit, bicycle and pedestrian travel between home, work, play, and school would be greatly enhanced; I, Pressure on parking In and around the campuses would be greatly reduced; a Pressure on the roads of the city and the surrounding area would be greatly reduced; and, a More disposable income would be captured in the city. University students live In unique households with unique transportation demands. The demographics of university-oriented households tend to be either small households or larger households made up of several unrelated individuals. As a result, many of these households could be accommodated with reblively high density in proximity to the two campuses. The area along the 1.35E corridor between Carroll Boulevard and Avenue D, northward to Mulberry Is an Ideal location for university-oriented, high-density housing. 0. YARIETY OF HOUSING IN NEW NEIOHBQRHOODS One of the adopted policies related to housing Is to encourage a variety of housing types, styles, A sizes, and prices within the same neighborhood, Neighborhood stability could be enhanced by allowing households to stay within the some neighborhood as households and housing needs l change. A newly-wed couple does not need the same size house as a two-parent, two-child l family, or an amplynester,iousehold or a widowed grandparent. The current zoning ordinance C II, Cbcw'b'MCIfnetoMrRlN¢NINIRANItCTIMMII.?"COW "Ake Page 48 ` c Revised Section S Housing and prevailing development patterns o en cause fail es to move rom one neigh or►roo~3to - another as their housing needs change, Traditional neighborhood mixed-use development encourages a variety of housing types within a new development. Types of housing that may to considered in traditional neighborhood or mixed-use neighborhood development include: • Standard lot single-family detached dwellings Small lot single-family detached dwellings • Accessory dwelling units • Two-family dwellings • Single-family attached dwellings Mixed-use dwelling units a Small multifamily dwellings E. ATTAINABLE HOUSiNQ Housing In Denton must be attalnoble to those who work or attend school in Denton and want to five In Denton. Attainable housing Is housing that Is available, accessible, and affordable. f 1. Availability The demand for housing in Denton Is currently very high relative to Its supply, This Is true for university student housing, new types of housing for changing household characteristics, and conventional single-family housing. 2. Accessibility In gencral, housing In Denton is becoming less accessible to jobs, shopping, schools, and other activities. New single-family residential subdivisions are often located on the fringe of the community, isolated from work places, stones, and schools that are centrally located. In- fill residential development that is accessible to other community facilities and activities should be encouraged. In the downtown university oorea area and community and regional activity centers, some types of huusing can be encouraged In close proximity to other activities, 9. Affordability Housing demand has led to rapidly increasing housing prices. This pressure tends to produce new housing only at the upper end of the housing cost spectrum. For most members of the community, living In new housing Is less and less likely. A full range of housing should be available in Donlon so that all members of the community that want to can live here. This housing should be accessible to work, play, education, and shopping, V. Goals & Strategies A. ENCOURAOE AFFORDABLE HOUSINg A 1. Goal One of the housing component goals is to enco cage the development and preservation of affordable housing for low- and moderate-Income households. Housing must be made C Mry oonnwavCaEtMCOltl'l1ENENlNE RAN IfCTI0p6~1l1M COW RAN N ~ Page 49 i II I' Revmood section a House ft available an affordable or those who wo e c y. Work With agencies to cr-(Teasowner-mupied affordable housing, M 2, Strategies a. Add housing units at the some rate of growth as that of ob growth, b. Maintain existing housing stock which Is usually more affordable than new hotiaing. c. At least sixty percent of new housing should be owner-occupied. B. CONSERVE EXISTING HOUSING STOCK 1. Goal One of the best ways to assure that some affordable housing remains available for those with low and moderate Incomes Is to maintain the existing housing stock H good condition. As new housing Is created, households move-up, leaving behind an existing housing unit that Is usually available at less cost than new housing. 2. Strategies a. Allocate up to 60 percent of community development block grant (CDBG) funds annually to housing assistance programs for low- and moderate-Inoome households. C. JEN000RAGE ATTAINABILITY 1. Goal Attainability Is the confluenos of availability, accessibility, and affordability, The housing needs of the existing and projected population must be met. 2. Strategies a. Use Incentves, bonuses, and public pNote partnerships to develop housing for low- and moderate-Income households In areas accessible to jobs, education, and civic facilities. b. Siructufe an Impact fee for new development to discourage sprawl and the long extension of utilities, Encourage the development of affordable housing where infrastructure capacity already exists. c. Revise the development odes to allow residential and nonresklential land uses within the some zoning districts. d. Use Incentives such as reaVential density bonuses and allow accessory dwelling units where appropriate. l CUp oaM•w.s+alEeT,cauPRr IENlNt hIN SMCTOONMIJ-140 COMP PLMV$&C - Page 80 t t i t i I Revised Section 6 Economic NO mfl AO 1. Introduction In the broadest sense, economic development refers to the changes in an economy over time that occurs because of the formation of population centers such as towns and cities. Economic development usually has a connotation of growth. Economies develop due to simultaneous Interactions among Increasing population, increasing numbers of employers and workers, and Increasing numbers of businesses that provide goods and services for local consumption as well as for export. Economic diversification refers to a more directed type of economic development resulting In a more stable and resilient economy, which provides high-quality jobs In businesses acceptable to Denton, Diverse and developed economies are characterized by many different types of industries and Intedinked by mutual suppliers and consumers. These economies often export goods and services to other population centers. Such an economy will be more resilient, stable, and self-sufficient, thus being less vulnerable to the national and regional economic fluctuations caused by federal and state polklas over which local governments have little control. A healthy economy is Important to all city functions. Major issues that must be addressed include job creation, business recruitment, business expansion, and small business formation. A number of elements merit consideration, Including job quality, environmental Impacts, public resource demands, quality of the location (inside or outside of the city), and quality-of-life prospects. All are important In determining strengths and weaknesses of a healthy business climate. 1 Policies A. The City should encourage a strong, diversified, and self-sustaining economy, cresting a wide range of employment opportunities, enhancing local ownership opportunities, and expanding and balancing the tax base of the city. B. Loral business ownership and small business creation should be considered high economic diversification priorities. C. Development Incentives should be considered to encourage Industries and businesses to expand or relocate within the city. A cost/benefd onatysis should be performed to define and measure short-and long-term benefits prior to granting incentives. Incentives should be considered only when proposed development Is consistent with community plans. Projects Involving retention or expansion of exi3ting businesses should be given the highest priority. A 0. Development incentives may vary by size and type of establishment and by Initial and , potential capacity as a generator of employment and other economic gains. Priority may be given to basic Industries that are clean and that will make a significant oontribulion to Denton's employment or Its tax base. I C'w Canw.ral/CE[ nrcowrtElEN9M OUM IEC110NE117 t N COW KM N Oat page al t P40V ed SOCUM 6 Div+ersllilc~tlort + ) E. Consideration of site planning, urban design, or neighborhood competWity objectives will be Included In the eligibility requirements for buslness retention, expansion, or recruitment Incentives. 1u. Goals and Strafegles A. EMPLOYMENT OPPORTUNITY 1. Goal The city should encourage a strong, diversified, and self-sustaining economy, eraating a wide range of employment opportunities, enhancing local ownership opportunities, sr a expanding the tax base. 2. Strategies a, Sustain and support business development activities to retain, expand, and recruit businesses. b. Encourage Investment in the development, redevelopment, rehabli0stion, and adaptive reuse of land and bulidings for employment opportunities. c. Support community-based economic development Initiatives consistent with this comprehensive plan and compatible with neighborhood livability. d. Promote and enhance the special chardcter and Identify of designated commercial areas. e. Promote a business environment within designated industrial areas fiat is conducive to the formittion, retention, and expansion of Industrial businesses. f. Promote a variety of efficient, safe, and attractive Industral and mixed employment areas In Denton. B. LOCAL AND SMALL BUSINESSES 1. Goal Local business ownership and small business creation should be considered high economic dlversircation priorities. 2. Strategies fr a. Foster a; osttlva entrepreneurial environment for business incubation and small business grovrth. e w, o~.~.~,wcernetaroaK~s vt n w recnaNru.r "cow KM w lot Page 62 r s, I I i~ i Revised Secdon 6 F.ca XMIde IL P b. Encourage development of university-related efforts Into independent entrepreneurial spin-off businesses, c. Seek ways to assist clusters of related businesses to collaborate more closely with one another and to market themselves as magnets for capital, research latent and hlgh- skill manufacturing jobs. d. Support the retention of existing business and major Institution base. e. Support Demon's artists, art organizations, and Institutions because of their significant contributions to the city's healthy buslness climate, their role in creating a cultural environment that attracts high-wage employers to the region, and the substantial benefits they provide to residents. f. Promote close working relationships between financial institutions and the business community. Where appropriate, promote the development of new Initiatives and innovative programs (e.g. Denton Community Development Corporation, loan packaging for SBA, loan guaraniies, Industrial Development Bonds) to lower the cost of borrowing or to assist small business growth through Increased access to capital. g. Where appropriate, support efforts to assist small business through technical assistance for business start-up and expansion. h, Seek ways to Improve the environment for small businesses to thrive in Denton where consistent with the goals and policies of the plan. 0. WORKFORCE t. Goal To ensure a skilled, diversified workforce for existing and future employers, the city will encourage employers, employee organizations, and education and training Institutions and agencies to provide training and n.4ainlog opportunities to Denton citizens. 2. Strategies a. Facilitate the creation or coalitions of business with the University of North Texas, Texas Woman's University, North Central Texas College, and local school districts to develop competency-based education and training programs for Denton community members that are targeted to the needs of business, This may Include vocational training programs, apprenticeship programs, entrepreneurial skills training, customized on-site training, and technical and vocational preparatory programs at the high school level. r' b. Encourage Increased linkages between tcmmunity job access and Information f systems and training programs. / c. Increase access to literacy development and English-as-Seoond Language (ESL) 1 programs to help overcome literacy and langusge barriers to employability, e"Dxw.aucaEnacaant ~sticruti61C"9111.r,10 wowKMNft page 63 r+ r t i . ReAwd Section 6 Economic Dh~ersiMcaliw~ d. Work closely with school districts to Identify and achieve basic competencies needed by young people who enter the workforce upon graduation. e. Offer apprenticeship and other workplace learning opportunities with the CHy of Denton and Denton Industries. 0. DEVELOPMENT INCENTIVES 1. Goal Development incentives should be considered to encourape Industries and businesses to expand or locate within the city. 2. Strategies a. Site planning, urban design, and neighborhood compatibilityobjectives will be Included in the eligibility requirements for business retention, expansion, or recruitment incentives, Incentives should be considered only when proposed development Is consistent with community plans. Development incentives should focus on busine that: saes • Provide higher-than-average wage levels; • Bring new capital Into the economy; i • Have good future growth prospects; Involve a cluster of businesses engaging In similar acti"Ies; • Use quality environmental practices; • Diversify the economic base; and, • Keep their workforce in Denton. b. Incentive agreements will require businesses to meet specific thresholds or performance standards In order to receive benefits (e,g , capital Investment, employment, and payroll). E, MINISTRY RECRUITMENT To diversify the existing tax base, economic development programs will focus Industry recruitment and marketing efforts on businesses that are compatible with Community, workforce, and economic development goals. 1. Goal Recruitment activities should be defined In a targeted marketing plan. Strategies should i focus on Identified markets. As conditions within the community change, target markets should be reassessed, 2, Strategies a, identify existing and prospective Industry workforce needs end enlist the resources of the University of North Texas (UNT), Texas Woman's University (T1+tN), North Central Texas CJA, DonrwM'ML•i W4M"1AM1r4 RAM jac"Ot4•r4l ow RAM N 4a Page 64 i C' V LRlevised SACUM 6 Econondic DIvI~rslAcatlott College (NCTC), and local school districts to develop customized training programs as part of a marketing strategy. b. Target those Industries that require an educated workforce. Match existing degree programs at UNT, TWU, and NCTC to businesses that require a significant workforce In these fields, c, Foster a positive environment for International trade. d. Recognize and support environmental conservation and enhancement activities for their contributions to the local economy and quality of Ile for residents, workers, and eoosystems of tha city. e. Encourage new commercial businesses to locate In established commerclslImixed use areas. Where auks ble sites In those areas are not eve Hable, encourage those businesses to locate In other designated commercial areas. f. Encourage development that attracts a diversity of employment opportunities. g. Promote public/private partnerships for the development of infrastructure to foster economic development. ( h. Seek ways to assist related technokogyorlented businesses ►o locate in dose proxknky to one another and near research Institutions, Promote the developmentof technology by connecting research inslkutions, hospitals, and manuf9cluring companies. r / r 1 aw,o.e rw~senreaw~tKMUan,wW10*4ir.racawn:wNiu Page 66 t it • 1' I ~ I I i t. Revised Suction 7 7Yansiwhi ion L Introduction As the binding force of the city, Denton provides and maintains tronsportallon, water, wastewater, solid waste, stormweter drainage and electrical Infrastructure system services. This section details the policies and the direction In which these vital services will grow through 2020. Franchise services such as gas, telephone, and cable television will be addressed within the street section of this document. An approach that coordinates several transportation alternatives, such as transit, bicycle, and pedestrian systems has been found to cost less, work better, and improve the city's appearance. Denton must handle interstate and regional traffic with Innovative solutions that meet or exceed local needs using appropriate and coordinated slate-of-the-art transportation systems. il. Policies A. Denton shall use access management practices to make the Investment in the roadway Infrastructure as cost efficient as possible. These practices Include placement of curb cuts, median opening spacing, and parallel soL*es roads (public and private). B. Residential streets shall be designed to Include traffic calming practices that promote the use of collectors and artedelsfor Mps that are not lecellyoriented. C. The transportation network shall be designed to optimize emergency routes for police and fire operations and promote efficient delivery of services such as mall and solid waste, D. The city should plan, design, and build a network of freeways, artarlets (major and secondary), and collectors that provide acceptable levels of service while complementing the land-use decisions in the comprehensive plan. The Denton transportation system must be compatible with regional plans Including the mobility 2020 plan, the regional thoroughfare plan (NCT000), and the Denton County thoroughfare plan E. The city shall use the thoroughfare plan to plan and design transportation improvements, program capital Improvement plan projects, and guide development review decisions. Many of the aderlals In Denton are state roadways, so cooperation with the Texas Department of Transportation (TXDOT) Is essential to the construction and operation of the city's transportation system. F. All freeways shall be designed with limited access that Includes frontage or parallel access roads. Loop 288 between US 380 and IN 35 East shall be upgraded In this way to the extent possible. i A 0. Major arterlals are Intended to carry traffic across town and between major Intenalty centers. ! f These facilities shall be divided by landscaped medlons. Minor adertals should be at least four lanes, with left-turn lanes provided at all major Intersections. Collectors shall have at least one full lane in each direction to carry trains to the arterial system. t Np Dxuw+Ntlc~Etme[M.MIIEI!_N!M KIN 11C1~ONhfE t N C01q RAH H /se Pap So Il jt ! 1 Revised Section 7 7YangXw6 ion H. A transportation lobbying campaign thou -oonducted to ene participation in era1; - state, and regional Infrastructure funding dec;sions. Local funding participation In priority projects should be considered for inclusion in the city's capital improvement program. I, The public transportation system shall provide services to all citizens at a reasonable cost, using routes that maximize service delivery and that meet the needs of the mobility impaired. The system shall be compatible with eventual connection to regional systems such as Dart, the `T', DFW Airport, and other future systems. J. The Denton trails plan should be adopted and the network of sidewalks, bike trails, and greenbelt paths should be included in the CIP for funding. Developers shell aid this network by dedicating rights-of-way and constructing portions of the network across their properties. Linkages to daily destinations that serve daily needs should be emphasized to reduce use of automobiles, K. The Denton Alrport shall be a key component In the multi-modal transportation system. Denton Municipal Airport Is effectively located to optimize the movement of goods and services throughout the metroplex. L. The city will promote irm use of roadways parallel to and outside the limits of the 100-year floodplains to provide a natural riparian environment by establishing green space between the road and the floodplain, Green space Is required even if the channels are improved so that the limits of the parallel roadways may be dedicated to the city to serve as open space, limit flood exposure, and facilitate channel maintenance. HL Goals and Strategies A. ENVIRONMENTAL STEWARDSHIP Increased trips by motor vehicles, increased travel time, congestion, and longer trips ail contribute to deteriorating environmental quality. Policies In other parts of the plan (environmental management and growth management strategy) and elsewhere in the transportation element are key to reducing transportation-related environmental Impacts, These reduce single-occupant vehicle (SOV) use, support transit, and encourage walking and bm palm . In addition, the strategies below address specific air, water, and noise environmental 1, Goal Reduce and mitigate air, water, and noise pollution from motor vehicles. Promote energy. efficient transportation, 2. Strategies r r' e. Identify, evaluate, and fully consider environmental Impacts of transportation ! Investments and operating decielons. b. Pursue transportation projects, programs, and Investment strategies consistent with noise reduction, air quality, and water quality objectives. CW, Oonnvn6'MClF1MCOI,OIIFNENIM ltAN lFFI10NMfL1~1 OOW/N Whd Page 67 ( Ili t ~I till II • III ROV Section 7 Traroportation ; { c. Encourage travel demand management (TDM) initiatives Including but not limited to f park-and-ride sites, adjustments to work schedules, ride-sharing Initiatives, and Improved bicyclelpedestdan facilities, d. Continue air-quality mitigation procedures as recommended by the North Central Texas Council of Governments (NCTCOG). B. CHANGING & MANAGING TRAVEL DEMAND & TRAVEL BEHAVIOR To slow the trend of increasing single-occupant vehicle (SOV) use, the city must provide alternatives and must change the way people think about and acts upon travel choices. Transportation alternatives to the SOV should respond to people's needs for mobility, privacy, comfort, safety, and convenience. The city recognizes that transportation needs and travel choices will change over time as alternatives to SOV travel become more viable, 1. Goals Meet the current and future mobility needs of residents, businesses, and visitors with a balanced transportation system. Provide a range of viable transportation ahemaUves, including transit, bicycling, and walking, Reduce use of the SOV's over time or maximize occupants per vehicle. Invest in transit planning and transit systems 2. Strategies a. Educate the public, especially youth, about the Individual and societal benefits of alternatives to SOV;+. Encourage incentives and support efforts to induce future generations to become regular users of transit and nonmolorized modes of travel. b. Initiate and support public awareness campalgns. Focus attention on the societal and environmental Impacts and costs of travel chotoes. Inform people of the range of travel choices available. Inform those viho now commute by single-occupant vehicle about the economic, societal, and environmental costs of their choices, Support federal, slate, and other efforts that increase tho single-occupant vehicle driver's share of the true cost of SOV use. 1 c. Support and promote commuter trip reduction (CTR) programs, telecommuting, electronic communications, variable work-weeks, and flex-time. Travel demand management (TDM) strategies to reduce the number and length of SOV trips and Increase transportation efficiency. Develop and Implement a coordinated program of Incentives, alternative travel options, Land-use measures, innovative design, regulations, services, and marketing strategies. Allow developers to choose among TDM strategies. Where appropriate, pursue TDM strategies at the regional level. Support Implementation of advanced transportation and communications technologies, such as Intelligent vehicle, highway, arterial, and transit systems, r d Evacuate the success of the city's and the region's land-use strategies, and transportation systems and programs, in reducing single-occupant vehicle use. ' ~1 1.14 C is, er c n. e+aeermcamaKpis" VIAL eecr*100e.r ee car KO V1 be Page 68 ` c I~ h I i` F RevimW Section 7 T'8f1$pO On C. LAND USE ~ 0 Land use and transportation are fundamentally Interrelated. That Is why the growth management strategy focuses development In concentrated rather than linear patterns, directs transit Investments to link pedestrian-oriented acrvity centers, and provides more opportunities for walking and bicycling. Low-density development spreads the city over a greater area, causing the need to construct more miles of roads. Increased amounts of pavement lead to higher initial capital improvement costs and continuous maintenance costs. Development patterns with more density together with gridded street networks can allow for transit-oriented design and a diffusion of traffic along many different routes. However, the city recognizes that auto access will continue to be a key element in accommodating growth in acWhy centers and nelghborhoods. 1. Goal Ensure that land use and transportation decisions, strategies, and Investments are coordinated, are complementary, and support the growth management strategy. 2. Strategies a. Provide transportation facilities and services to promote and soeommodate growth and change in activity centers, neighborhoods, and Intl r;rial ranters. Seek to provide transit services and walking and bicycling opportunities so that activity centers and neighborhoods will minimize single-occupant vehicle trove? b. Promote the use of the thoroughfare master plan and capital Improvement program as tools to achieve desired I^nd-use patterns, { 3 c. Build transportation facilities to reflect the character of Vie surrounding neighborhood, and be accessible, comfortable, and safe. Make the scab of transportation facilities consistent with surrounding land uses (see the street section). d. Involve the public In identifying needs for transportation facilities, programs, and services. Encourage and provide extensive public involvement opportunities, both for city decisions and for those of other agencies. In this process, address the special needs of tow-lnoome people, children and youth, the elderly, people with disabilities, businesses, and residents, e. Minimize direct vehicular access from developments facing arterial streets. L Avoid through-traffic within Industrial and commercial developments to reduce conflicts between automobiles and commercial vehicles except within the downtown university core and activity centers. If g. Limit new traffic demands on local streets through residential neighborhoods. Large- scale multifamily uses generally should not take primary access through a lower-density , residential neighborhood unless it Is by way of a collector or arterial street. Traffic to and A from a commercial land use should not be routed through e residentially zoned area , unless a Is by way of an arterial or collector street. c w, o~w eMCSrnKaaa cNeNe ww secnasnt r N ear►uw N eoe Page 59 I c Rlewised SOCOM T Tra"PIN t &M equ renew su s ons o es n so at the emal local see ey em provides access to collector streets. Whenever possible, access to arterial streets Is limited to collector and arterial street Intersections. D. USE OF STREETS The city has a limited amount of street space, and Is unlikely to expand this space significantly, Thus this space must be carefully allocated among competing uses. f. Goals Make the best use of the city's limited street capacity, and seek to balance competing uses. Ensure adequate capacity on the street system for transit and other important uses. Support a shift towards transit, carpools and vanpools, bicycling, and walking. Support efficient freight and goods movement, Differentiate among the various functions of city streets. Protect neighborhood streets from through traffic. Design residential streets that will promote safe driving speeds and turning movements. 2. Strategies a. Designate principal arterials, a transit priority network, and major truck routes to Identify the key functions of these streets. Make operating, deAg,i, access, and service changes to enhance the key functions of these streets when congestion significantly hinders the key functions. Changes to these streets should take into consideration the expected type and volume of traffic, safety, accessibility, and for pedestrians walking along and crossing a street. b. Designate roadway clasatfcations as shown in the roadway component of the Denton mobility plan (Figure ).1 c. Coordinate with the Texas Department of TrsnspoI*Uon and adjacent jurisdictions to discourage diversion of traffic from regional roadways and principal aderiais onto losser arterials and local streets. d. Use nelghborhood traffic control devices and strategies to protect local streets from through traffic, high volumes, high speeds, and pedestrIsrOvehicie conflicts. Use these devices and strategies on collector adodais where they are compatible with the basic function of collector arterials. Expand the traffic calming poky to accommodate more variety In street designs and traffic calming techniques. Use traffic calming techniques In both existing and new neighborhoods sM activity centers. e. Use an Inter-connected transportation system to Increase traffic flow, reduce traffic congestion, Increase emergency access, and provide Increased transportation system routes. i E. EL VELOFSERACE 1. Goals l Use level-of-service standards to judge the performance of the arterial, collector, and transit / system. Develop and maintain a transportation model for the city. CYA, ooawewcunncawNENENlNE /uV1lfCNCNl~1ltMtuliv ruN N del - Page fl0 J y f, t Sdcdw 7 ~'A118pOf'~'Ad011 « trateq es a. Consider development of an adequate public facilities ordinance as a tool that would allow for transportation needs (LOS) to be addressed when land uses are considered for development. b. Transportation modeling is the key component for measuring level of service and development impacts, designing future arterials, and providing quantitative measurements of cause and effects to elected and appointed officials, citizens, and regional entities. c. Define arterial leveW-service (LOS) to be the volume-to-capacity ratio (vlc) at designated locations, Measurements will be provided using the highway capacity manual, traffic simulation programs (Tran-SIMS), and the TRANPLAN programs. Measure p.m. peak hour directional traffic volumes on the arterials crossing at each. location to ceWale the LOS. To judge the performance of the arterial system, cornpare the calculated LOS for each location with the LOS standard for that location. Develop a LOS map to for locations to be calculated. d. Define transit level-d-servloe (LOS) to be the volume-locapacky-ratio (vtc) at designated locations. Measure p.m peak hour directional traffic volumes on the arterials crossing each location to calculate the LOS. To Judge the performanoe of the transit system, compare the calculated LOS with the LOS standard for that location, e. When the calculated LOS approaches the LOS standard (Level of Service 0), pursue strategies to reduce vehicular travel demand and/or Increase the operating capacity. `r F. PARKING Long or short-term parking Is part of every single-oocupant vehicle (SOV) trip and Is a key factor In the choice of mode for a trip. The evailabliily and price of parking influences people's choices about where to live, work, shop, and conduct personal business. Parking policies can influence SOV use. The challenge Is to provide enough parking to most mobility and economic needs while Smiting supply to encourage people to use non-auto modes. 1. Goals Reduce use of cars over time, particularly for commuter trips. Make the best use of the city's limited street space, seek balance among competing uses, and protect neighborhoods from overflow parking. 2. Strategies a. Consider establishing maximum perking limits for" and short-term off-street parking to be provided by new nonresidential development tled to the changing availability of non-auto nodes Ina particular area. Review minimum parking requirements and maximum limits periodically as conditions change, such as land-use r , mix, land-use density, and the availability of tranall and other non-auto modes. A, b. Consider the development and use of off-aNe and shared parking for high density areas, such as the downtown university core, Fry Street area and the developing activity centers. Coordinate parking areas with access to the public transportation system. e+n o~ ~.ti►a~En«cwvRe K n w ucnaeu~ rir cow ftm of be Page ai c Revised Section 7 Tr nportatlon t c. Balance the removal of long and shoe term on-street parking over time with the availability of non-auto modes and with the a; ailability Cr off-street parking, In part to preserve the vitality of commercial areas, d. Allow long-term parking on most collectors and beef streets, limited only by safety, street design, and property access needs, Use strategies such as parking duration, time- of-day limits, or restricted parking zones (RPZs), to keep parking in commercial or activity centers from spilling over onto residential streets. e. Allow flexibility In meeting long-term parking needs in oommercal areas, activity centers, and neighborhood centers, such as discouraging long-term accessory parking for single-occupant vehicles while allowing prlnclpal-use parking. f. Emphasize short-term parking over long-term parking In commercial areas, both on- street and 0-street. g. Establish or maintain minimum long-term and/or short-term off-street parking requirements for new development for special vehicles and purposes. This could Include carpools, vanpoois, bicycles, zero-emission vehicles, and vehicles for persons with disabilities. 0. jfj6NM Provide a special lane or other priority treatment for transit to help people move around the city and the region. The transit system will need to change so it can respond to people's behavior and travel needs. A major Investment will be needed to provide more innovative trans,,! service, along with related land-use changes and capital facilities. These policies will guide city decisions to enhance transit, and guide decisions of other agencies that operate transits to, from, or within Denlon. 1. Goal Provide mobility and access with public transportation for the greatest number of people to the greatest number of servioes, jobs, educational opportunities, and other destinations, 2. Strategies a. Designate the transit priority network. Monitor bus speeds and operations along the transit priority network and, where needed, pursue measures to increase bus speeds and reliability and to plan future rail corridors, b. Strive to malntaln at least the minimum goals for bus speeds and making changes as warranted to city street design and operations. Focus on designated segments of the transit priority network, monitoring average p.m, peak period directional bus speed, excluding dwell time (time stopped for loading/unloading passengers), ' A, c. Work wNh small area planning to develop specft area transit solutions for high- i density areas such as the downtown university core. Ensure connection of the smaller system Is integrated with the city-wide transit system. I i i c ~ ox,nwwM~cacnneowaMCr[NyM rwr ucnae++: »r eaw ►wr w ave pope 82 t. RsWsed SOCUM T TKYlspip pR~ Work actively owe a o a ranan system, Initiative the local or r,:r gghbo` or od circulation (LINO). This Includes two types of services: 1) limited-stop, frequent service connecting activity centers, neighborhood centers, and Industrial oentem; and, 2) intracorr,munity feeder service connecting homes and businesses with neighborhood transit facilities. The introoommunhy service may Include small vehicles, flexible routes, demand-responsive or dial-a-ride service, subsidized taxis, night shuttles, or other types of service. e. Work with the transit provider(s) to offer transit service that; • Is within 114 mile of at least 90 percent of the city's resdencss and businesses; • Connects activity centers and neighborhood centers; • Is competitive with auto travel; e Operates reliably; a is convenient, safe, secure, and comfortable; and, j • Has affordable fares and an Integrated fare system, f. integrate transit stops, stations, and hubs Into existing communities and business districts to make it easy for people to ride transit and to reach local businesses. Provide adequate lighting, security, pedestrian amenities, end weather protection. Minimize the negative Impacts of transit servlce and facilities on surrounding areas. g. Work actively to obtain convenient connections to regional transportation services such as commuter rail services to Dallas and Fort Worth. ) H. PEDESTRIANS AND BICYCLES With supportive lend use and transportation policies, walking and bicycling can be practical alternatives to driving (especially for short trips), contribute greatly to the quality and vitality of the street scene, and help achieve environmental goals. Pedestrian and bike improvements to Intersections, sidewalks, and other facilities can Improve access and safety, and are particularly Important for children, k,ilor citizens, people with disabilitles, low to moderate Income residents, and people who choose to use this mode of transportation. 1, Goals To Increase walking and bicycling. Create desirable, safe, convenient environments that are conducive to walking and bicycling. 2. Strategies a. Create an urban lralis system to fed [Kate walking and bicycling se viable transportation choices, provide recreational opportunities, and link major parks and open spaces with Denton neighborhoods. b. Integrate pedestrian and bike facilities, services, and programs Into both cily-wkde ` c and regional transportation systems. c +~r ox~wrwarswco~w t eHUVi rwi ~rtraNnua» ~aw+w~ . n e.e Pegg 03 t• I I Ries SOCUM 7 7Yansporladm t a rove ese features: • Pedestrian amenities and wea th er protection; a Safe and convenient pedestrian and bike access to transit stops, cootars, and stallions; • Adequate fighting, security, and other Improvements for persons with disabilities and special needs; • Bike capacity on buses, rail, and other modes; and, • Covered, secure bike parking at transit centers and stations, d. Recognize the Importance of walking and the contribution R makes to personal mobility and to the environment. Improve the pedestrian environment throughout the city. e. Designate key pedestrian streets within the highest-density portions of activity and neighborhood centers, Design and operate these streets to be safe and attractive for pedestrians, improve access to transit, encourage street-level activity, and facliitate social interaction, Integrate pedestrian facilities into improvements on these streets. I. Accelerate the Improvement of pedestrian facilities and develop new ones throughout the city. Increase pedestrian activity, enhance pedestrian safety, and promote a pleasant walking environment. Provide recommended school walking routes, access to transit, access for people with disabilities, and access to and within activity and neighborhood center environments. g. Maintain direct, continuous bicycle routes, and make all appropriate streets bicycle- friendly. Accelerate development of bicycle facilities in, smund, and between mixed-use centers, neighborhood centers, and other key locations. Facilitate bicycling, where appropriate, with separate trails or bicycle lanes. 1. MOVING GOODS AND SERVICES Commercial transportation mobility and access are critical to Denton's economic development. 1, Goal Preserve and Improve commercial transportation mobility and access. 2. Strategies a. Designate major truck routes. Monitor these streets and make operating, design, access, and/or service changes, as well as capital investments, to accommodate trucks, b. Support efficient movement of commercia! goods by roll where appropriate. Promote continued operation of existing rail lines, r A~ c, Coordinate commerc;ui transportation by raft, trucks, and air. Work toward Improved ; connections between modes of transportation. C d. Consider the needs for delivery and collection of goods at businesses by truck whom making street operating decisions, and when developing projects and programs for e"D,xu* wscnfc(WAEHEkWA"IEenamSINCOIFKMyrdot Page 64 MINES 1 c I i RewiSed Section T ~'A118ilOI t:ltiOn highways, streets, an bridges. Consider a least these a ores: access to rTeeways; street width, turning radii, and overhead clearance; railroad crossings; and traffc 1 congestion and conflicts with cars, bicycles, and pedestrians. J. MUNICIPAL AIRPORj The Denton municipal airport Is an Important link In Demon's highway, rall, and aviation transportation systems. The airport will continue to meet current and future aviation growth trends. This proactive approach will maintain the airport as an asset to the community and those conducting business in the reglon. 1. Goat Provide aviation facilities that will Integrate with the various coordinated transportation s; stem, 2. Strategies a. Maintain and improve airport infrastructure to promote additional development through high-quality service and to reduce costly reconstruction. b. Coordinate with the Federal Aviation Administration (FAA) and State Aviation Division to determine likely funding of proposed airport Improvements. Get In queue for runway extension, air traffic control tower, and terminal expansionlreoonstruction. c, Plan active property acqulsitbn to avoid inflated real estate costs. invesilgete joint use of low-impact land usage (open space, nature areas, maintenance depot, etc.). d, Maintain a development pattern consistent with the airport master plan. Work whh neighboring and affected property owners to ensure alrport oonsolidated land-use districts (ACLUD) are effective. Maintain Integrity of airport height hazard distal and ACLUD. e. Investigate public-pravale partnership agreements to assist with infrastructure and facility development. F. Establish a formal western entranosway Into the airport when Loop 288 is completed to the west side of the airport. Design transportation routes to maximize truck, auto, and 1 eircrah mobility. I I gSince the airport Is located In the Industrial centers within i population subarea h will support actiOles In the movement of goods and services of chy businesses. i K. INTELLIGENT TRANSPORTATION SYSTEMS (ITS) 1, Goal Develop intelligent transportation systems for freeway management, Incident management, A, , traffic signal control, electronic toll and transit fare payment, transit management, highway- rah intersections, emergency management, and regional transportation systems traveler Information, i rAoaoo WAETMCOWFK4NV4KM8rcrOMn+:.+MCOW" NM Page 65 Revised Section 7 Transportation 2. s sgy To Initiate Investments that Integrates Intelligent transportation systems Into the Transportation Infrastructure. These systems reduce investments to enlarge capacity by maximizing the existing Infrastructure. L. TRANSPORTATION FINANCING 1. Oaal To use available financial resources to Implement transportation goals. 2. Strategies a. Emphasize Investments for maintaining existing transportation facilities; safety, transit priority Improvements; and transportation system facilities and programs to stimulate a shirt towards transit, carpools and vanpools, bicycling, and walking; freight and goods movement; supporting the growth management strategy; and complying with tevel-of-service standards. b. Identify funding sources and strategies, Including the following! • Contrfbutions from those that benefit from an Investment, such as property owners nearby an Investment; • Grants from local, regional, state, and federal funding sources; • Conlritwlions from the region for Investments that serve regional deatlnations I and Investments In regionally- designated activity centers; • Growth-related revenues where conslstsnt with economic development policies; aid, • New locally-generated revenues for expanded local transit services. c. Maintain sufficient nexibility so the city can take advantage of new funding opportunities and maximize competitiveness for funding. d. Require new developments to provide or share the cost of transportation improvements Including pavement, trefffo control, parking, public transit, and bicycle and pedestrian facilities. e. Consider operating and maintenance costa associated with Improvements when making transportation capital Investment decisions. r, Coordinate debt-financing strategies with other Jurisdictions In the region. g. Use any funds or grants for transportation Improvements as they become available, ,r. l e •q o~~ • rraAMWO mnr ekM n w acrKwenra N COW "A ON Page 66 C~ t, f Revised SOCO , 8 ( 1, Introduction Across Texas, establishing new water supplies Is becoming Increasingly difficuri. The city's first priority is to ensure that he citizens-customers have a sufficient source of raw water. Through existing and future surface wets,, rights, contracts with other entities, and careful conservation, the city can provide suKdent water to meet Denton's population projections through the year 2015. New sources v& have lobe established, either through contracts or construction, to ,meet the projected long4orm demand. !rs PlAcles A. The city will develop and operate a water Infrastructure sI stem that to safe, reliable, cost- effective, environmentally sensOm. and sufficient to most future demands In cooperation with other entitles. B. Developments will be constructed and property owners will maintain their properties and private Infrastructure so they do not compromise public health, endanger public drinking supplies, or pollute the environment, C. Water facilities should be located In areas that meet engineering crilerie and are compatible with adjacent properties to the greatest extent possible. D. Generally, infrastructure extensons to residential and commercial development will be the responsibility and expense of the developer. The city will follow development as determined by the private sector or as directed by the governing body by overelzing lines and upgrading trunk system. The city may also extend Infrastructure to certain areas targeted for growth In , the growth management plan. The city may participate In the cost of overelzing water lines to meet future development. E. Promote Infill Infrastructure Improvements over new line extensions that expand the geographic coverage of the city's Infrastructure systems. F. Use phase It Impact fees to fund additlonal infrastructure to accommodate system growth and help manage utility rates. 0. Use adequate public facilities criteria or other tools to Influence compact versus satellite growth policies. Ill. Goals and Stretegles A A. GOALS Develop long-term water supply contracts to ensure an adequate water supply. Expand water treatment capabllilles and provide additional overhead storage to meet anticipated Increase In C $4 Con %OCK M~RCKN/M PLM 1104"M12440 COM PLM VI4e Pop 07 r, { Rievised SWUM 8 Wato Sarvi a demand, Design the +ve lard a on system to provide flexIbililly the refilling o tanks, providing sufficient water to meet average-day, peak-day, and peak-hour demand conditions as well as emergency fire conditions. Construct Improvements to the transmission and distribution systems to accommodate population growth demands. Maximize raw water supplies and Increase wastewater reuse to extend existing water supplies. B. STRATEGIES 1. Renew the city's untreated water supply contract with the City of Dallas, Based on recent population projections, Denton may need to purchase additional water supplies from the City of Dallas beginning M 2012 through 2018. The most significant Issue to be renegotiated is the renewaVexpiratlon terms. Denton has historically been an untreated water supply customer of the City of Dallas and wants to reaffirm this relationship and commitment for a long-term water supply, 2, Foliow the provisions of SB1, passed by the Texas Legislature In 1997, as a comprehensive approach to water planning, Among other Issues, SB1 provided a framework for the state to develop a state-wide drought contingency plan that Incorporates water planning through the year 2050. Denton County falls Into Region C, along with 14 other counties. Because growth within Region C will demand more water supply than the region can provide, negotiations for possible future Interbasin transfers from Region Dare beginning. 3, Build an additional water treatment plant to Improve the city's ability to manage nonessential water demands during periods of supply shortages, equipment failures or related emergencies. Build the plant at the Lake Ray Roberts site with a 20 MOD (million gallons per day) capacity. i 4. Build additional elevated storage over the next 20 years to accommodate future water needs. The locations should Include an additional 1 MO storage tank In the upper plane area for the northwest, a 1 MO elevated tank for the upper plane area for the southwest, an additional 1 MO elevated lank In the lower plane and two, 2 MO tanks In the middle plane area. Phase the existing Peach Street tank out of service because of age, location, and limited capacity., Convert the McKenna Park standpipe to serve a ground storage role for the upper pressure plane. Regain credit for the existing elevated storage by modifying the boundaries of the upper plane In a manner that satisfies regulatory criteria for elevated storage. S. Construct two new booster pump stations (the Hartlee Field booster pump station and the high school booster pump station) and increase ground storage capacity to 12 MO. 6. Build a new Hartlee Field Road booster pump station on the north side of Hartles Field Road and east of FM 428 to serve both the middle and lover planes. This facility will provide i for needed expansion of ground storage and high service pumping for the lower pressure plane on the east side of Denton as well as for the upper pressure plane on the northwest + side of the city. A, 7. Construction of a high school booster pump elation will help supply the upper plena area, 1 C +h petu„w WCefTMCOWAt HEM lM KMAECiMMIS}A COMP KM 'A ON Page • 6~ He lei lsed Section 6 Vftbu 8WV1C s 8.13ulid three million me Field ground storage and nbooster pump Motion Wily storage will "No as a remote ground storage and high service pump station for the now water treatment plant at Lake Ray Roberts. A total capacity of 12 MO of ground storage Is ultimately planned at this location. 9. As Denton grows, the Infrastructure must be upgraded to provide for the following! a Transportation of treated water from the plant and storage facilities through the existing system into newly deveoped areas; and, a Proper balancing of new elevated storage tanks to the existing elevated storage tanks and allow or adequate refill rates. 10. Develop a water conservation and drought contingency plan to help reduce per coits water use during peak summer months. The conservation plan should strongly encourage the use of drought olorantlnotive specks or landscaping, reduction In lawn grasses, tow water-use plumbing flxtures, increase publlc awareness through public education, and conduct Internal and external audits. 11. The city currently operates a wastewater reuse program for supplying treated wastewater effluent for cooling tower use at the Spencer Power Plant, This program should be expanded to serve other customers. The expansion of this system would extend the existing capacity of the water supply, treatment, and tranamisslon systems and lower operating oosts for high-volume water users. i r1 r rrle c C owro~u~«w unnearwrwe~uanw~ana,n+~a»w►rKw~we Ppse0 f Revised Section 9 WbISIefwater Services t 1. Introduction I For wastewater services, the city's purpose Is to provide effective collection, transmission, and treatment of wastewater generated In Denton with minimal Impact to the environment. Though simplistic by description, this mission is challenging In the face of a rapidly growing population and in the midst of an ever-Increasing body of environmental regulations, i To meet these challenges, the city recognizes the need to modernize and expand the wastewater treatment plant, Increase the biosords management (composting) program, enhance the industrial pretreatment and slormwaler program, expand the laboratory facilities and services, and Intensify efforts to upgrade and maintain lines end IA stations. In an effort to maxlmize existing water supplies for a growing population, the current beneficial use of wastewater effluent must also be expanded. I i L Policies I A. Developments will be constructed and property owners will maintain their properties and private Infrastructure In such a manner that will not compromise public health, endanger the public drinking supplies, or pollute the environment. S. Wastewater facilities will be located In areas that meet engineering criteria and are compatible with adjacent properties to the greatest extent possible. C. Oversee the development and operation of wastewater Infrastructure so that N Is safe, reliable, cost effective, environmentally sensNve, and suffclent to meet future demands In cooperation with other entities. f D, Generally, wastewater collection Infrastructure extensions to residential and commercial development will be the responsibility and expense of the developer. The city will follow development as determined by the private sector or as directed by the governing body by overslzing lines and upgrading trunk system. The city may also extend Infrastructure to certain areas targeted for growth In the growth management plan. E. The city may participate In the cost of oversizing wastewater lines to most future development, subjeLi to fund availability and approval by City Council F. The city will promote Infbwrnfillrallon Infrastructure Improvements over new line extensions that expand the geographic coverage of the city's Infrastructure systems. G. The Environmental Protection Agency (EPA) recently Issued an edminlslrative order requiring the elimination of Sanitary Sewer Overflows (SSOs). An estimated cost of h rehabilitation of the system Is approximately 132 million dollars and Is budgeted In the five- year CIP. Infill-infiltratlon (1/1) studies for Hickory Creek basin will also be conducted, and funds have been Identdlad In the CIP to address rehabilitation In this area also. C MM DoMree►KfF1A~tOW ItF~EMlM PUW IEGIIONMtlM CON► RAN N due Page t'0 Revised SOCUM 8 W'AS iwaber Servk*ss In order to help finance Improvements necessary to serve popu a n creases, the legislature enacted legislation enabling cities to charge a capital Impact Recovery (IMPACT) fee to each new commercial and residential development. I. The city reserves the right to prohibit any connection to the city sewer system when it Is determined that a line or the system Is overloaded. J. The city requires citizens utilizing failing septic systems and located within two hundred (200) feet of a city sewer main to connect with the sewer main. 111. Goals and Strategies A. GOALS Protect surface and groundwater supplies from oonlamination by on-site sewage systems. Expand benellcial use of wastewater effluent, reducing the demand for raw water supply and treatment while at the same time decreasing the cost of water to certain large customers. Expand on the current recycling and reuse programs by Increasing compost production, Increasing the marketability of the products, induce the cost of managing biosoilds and wood waste, and prolong the life of the landfill. D. STRATEGIE5 1. Provide wholesale wastewater services to entities outside the Denton area in the Hickory Creek watershed to protect the city's drinking water Intake from wastewater pollutants. 2. It Is anticipated that the rural areas and a few small communities will continue to use septic tanks beyond the year 2010. All communities In areas around Lakes Lewisville and Ray Roberts must establish effective collection and treatment systems to alleviate potential water quality problems Active permitting, monitoring, and enforcement will be required, 3. Because the city's Intake for drinking water is located on the Hickory Creek arm of Lake Lewisville, it is Imperative to prevent contamination of We water supply. B), providing wastewater services to entities outside of the Denton area but located In the Hickory Creek basin, the city can limit the number of wastewater discharges to Hickory Creek. 4. Beneficial use of treated wastewater effluent Involves using effluent as it leaves the Pecan Creek WRP but before it enters the Pecan Creek tributary. Though this effluent Is not treated at the water treatment plant, the effluent water Is of high enough quality to be safely used for a number of purposes. An effluent reuse system Is already in place providing cooling tower water for the Spencer Power Plant. Components of this system can r be utilized to further the capabilities of providing this water to the Industrial and commercial sectors of the city, In particular parks and golf courses. By using wastewater effluent, costs for treating raw water to drinking water standards can be avoided. This would make cheaper water available to large users, cut down on the amount of water treated at the water production plant, and help meet water conservation standards currently being implemented. C 0o OacuwhMlClf OCOWNEKNSW"Wr WIJ ?"COW RANNM page 71 G I I Rielvhwd Section 9 Weber Services 5. As ppopulation continues to grow, raw wa r qu rag the most va commodity In the North Texas area, Because hsstmsnt technology Is rapidly evolving and regulatory requirements are beooming more stringent, the quality of effluent Is Improving dramatically. With the cast of developing now raw water sources beooming astronomical, direct reuse of wastewater effWenl will soon become the economic aftemative. 8. Mixing wood chips and blosolids produces compost. Wood construction debris end yard waste provides the source for tho wood chips, The atudgs used for the composting program comes from the Pecan Creak WRP secondary blosolds. The secondary bbeollds sooount for only one•helf of the total blosolide ultimately planned for the composting operation. Primary biosotids are presently land appllodMjected. The composting program permits chizens to participate in the city's largest recycling program with trees and wastewater from chizens to produce compost for citizen and consumers. i 7. The city began compost•markaft acNvNW in 1997. Customers eurrontly pick up compost materiel in an unpockaged form at the compost sllo, but plans are under way for wholesale distribution. S. The city may establish a tree farm. The tree farm will utilize wastewater offluont for Irrigation and Dyno Dirt for fertilizer. i I , i awrDKW4* W9WAWft4N Anewu~rownrrrMOarn Wre Papa 72 r r l Revised SecUm 10 Shu w-M aber Drainage Introduction The stormwater drainage system is responsible for conveying all runoff In the city from each storm event through a network of street Inlets, underground pipes, culverts, Improved channels, and natural channels. The runoff Is eventually channeled into Lake Lewisville, The drainage system uses a 100-year flood as the design storm. In the 1950s, Denton experienced a flood close to this magnitude. One-half to two-thirds of the town flooded. The lack of a devastating storm in recent history and memory has given homeowners and developers a false sense of security. Construction within the 100-year floodplaln Is prevalent, leaving little &oodplaln and floodplain fringe to absorb a significant storm. As the city has grown and watersheds have become more developed, runoff has Increased accordingly. Relatively small ten-year floods t re becoming a challenge to manage, as floodplaln area becomes a scarce commodity. Flooling during these events Is the direct result of inadequate designing, poor construction tccint' Luis, and lack of undeveloped floodpialn area. Over time we have observed the value of the floodplain area with respect to flood control. Areas with the floodplain left In a natural state absorb flooding events and provide water quality Improvements far more successfully than areas where the floodplain has been filled and modified. By filling and developing floodplaln areas, protecting property during flood situations became more difficult and expensive (Figure 10.1). The city recognizes the value of keeping the floodplain Intact, maximizing the city's ability to manage storm events. By promoting this basic approach to stormwater management, the city will be able to effectively address the challenges of managing storm events In the fsoe of significant growth. ir• Policies A. Preserve, protect and, where possible, dedicate floodplains to the city In aooordenoe with 1 the city's watershed management plans and the parks and recreation plan. Fkrodplatne should perform multiple functions for flood conveyance, transportation (trails), recreation and open space, habitat protectlon, and environmental preservation. B. Drainage Infrast^.icture for development shall conform to approved watershed management pions that address both water quality and quantity issues, including giving guidance on where natural versus improved channels and rural versus urban drainage systems should be located, 0. Minimize erosion occurring during the physical construction of Infrastructure and private Improvements of developments using adopted best management practices. These t' practices should reduce the potential of erosion during and after construction, C W DoeuM+h4ClETMGd~"PfMwM RNI EECODWl"4E CauP"Nea Page 73 `I i' t Revised SeCUM 10 ShM Vnwatw Drainage mp men regional detention ponds rather than one en ponds, according to the approved watershed management plans. The city and private developers will form partnerships to satisfy regional detention plane. E. Minimize the number of channel crossings to reduce potential restrictions and safety hazards and replaos the existing box culvert crossings with clear spans that will bring the roadways out of the 100-year floodplain. F. As infili and redevelopment occur inside the developed portions of the alty, existing substandard drainage systems must be reconstructed in a cost-effective manner to limit Impacts on the adjacent developed properties. Q. Endeavor to protect the life and property of its citizens from the 100-year storm by requiring that all built structures be above the 100-year flood level and removing those structures In the 100-year flood level as opportunities develop. H. Provide and oversee a safe, effective drainage system that respects both the natural and urban environment within the city limits. fill Goals and Strategies A. GOALS Prevent the addition of new structures In the fkoodplaln to reduce flooding and Improve water quality. Correct the deficiencies associated with street flooding. Inadequate channel capacity, ar d the existence of an estimated 1000 structures currently located In the 100-year floodplatn. Limit the amount of reclamation of floodplaln property to protect water quality. Proled the water quality of streams and lakes from stormweter runoff through enhanced monitoring, enforcement, and public education programs. 8. STRATEGIES 1. Revise the current ordinance to prevent any new structures from being constructed in the 100-year floodptaln. The ordinance would allow the floodplaln property to be dedicated to homeowners' assoclabons or directly to the city as a park or open apace area. The property would be dedicated as one lot, preventing Individual homeowners from constructing structures at the back of their lots In what has traditionally been floodplaln easement, 2. Promote open space and buffer zones to enhance water quality, 3. Focus on the development of an organized, systematic and documented approach to operation and maintenance through; C Vh DMa %WKWOWUMNSNIOLM MO Mr17.r.MOW KMW/w Page?? l t i Revised Section 10 Stoe vim ter Dk kWW ! A focused operational objective; • A definable schedule of operation and maintenance activities; • A measure of continuous operational and productivity Improvements; and, Documents that can educate the public in duties and responsibilities of the drainage operation, resources required to maintain tho system, and problems preventing efficient progress. 4. Increase channel capacity, enlarge creek crossing structures, and purchase some properties to accommodate larger channel designs. Remove existing structures from or adjacent to the 100-year floodplain as opportunities develop. 5. Adopt an aggressive capital Improvements program (CIP) to fund stormwater facility upgrades. 8. Acquire and develop regional versus site-soecific detention ponds. 7. Upgrade the flood monitoring system to provide predictive flooding condition capabilities. 8. Develop new eralnage regulations that require a new or existing development to make floodplain improvements in or adjacent to a floodplaln to meet the 100-year floodplain restrictions. Provide drainage facilities by reserving a sufficient amount of land for landscaping, green space, or other permeable areas based on fully developed watershed conditions in developments, 9. Provide criteda with a balance among the value of multiple uses, and low maintenance life-cycle costs. 10. Develop methods to eiin;inate excess dirt, leaves and construction debris from entering the stormwater network, resti-O ons concerning excess water runoff, and removal of soll and leaves from construction sites. Methods of erosion control will be explained through public education program3, 11, Develop an active role In monitoring and enforcement of all construction activities, establishing the control agency for the program at the local level and requiring and enforcing pollu'ion prevention plans for construction activity, i 12. Develop an education program for citizens regarding potential problems that result from throwing grass clippings, leaves, and tree limbs Into drainage channels. The program will address the common desire of citizens to have trees and other large vegetation remain in the channels as a 'nahiral habitat,` when such practice only Increases flooding problems, 13. Establish natural channels with appropriate vegetation to avoid excessive siltation from channels during storm events. 14. Address stomrwater issues on a watershed-wide basis. 15. Propose pretreatment of water before disposal at each Indusid3l site. Regulate surface , runoff and control pressure washing of industrial and commercial parking lots. cvyDoonrinM-ftwo ftmm "rum•E r*4M1V400arrumwrx Page 75 t RwINW Section 10 lbornrwabr Dr *NW -5 kft . ncrease s t SWUUPVPJ a sop up po u is ro y g the s orm system. ~ i I'd Pepe 78 C *01 y,yy.4rr,tMVME"W RHI KC tOM 11 -1M Oar ruw'A dK i t. Revised Sectkm II Slid Wias~e ~ t. Introduction I The City of Denton recognizes the absolute necessity to protect public health by the responsible collection and disposal of the waste generated by the community. No modem community can remain healthy, desirable, or economically attractive without adequate collection and disposal of its waste stream. The city approaches waste disposal with a priority towards reducing waste at its origin and recovering recyclable materiels. The city Is minimizing the amount of waste which must be landfilled by providing recycle material collection, separate collection of yard waste, composting of blosolids waste, recycling discarded appliances and bulky items, collection and disposal of household hazardous waste, and providing waste education programs to the public. The landfill itself will soon collect and use methane gas generated by decomposing waste as another example of resource recovery. A well-operated solid waste management system ensures waste minimization, resource recovery, environmental protection, and disposal capablkies to meet future demands. H Policies A. Protect public health by the consistent and efficient removal of trash and rubbish from each residence, business, and institution. B. Support cost-effective recycling programs through policies that encourage pubilt education, waste minimization, materials reuse, and environmental stewardship. C. Site piannIng for all residential and commercial development will promote efficlent, on-site access for solid waste collection. D. Consideration will be given to community when planning solid we ate collection and recycling services during the development process. M- Goals and Strategies A. GOALS Protect public health, reduce litter and fugitive trash, and enhance community appearance by the efficient, cost-effective collection of solid waste. Ensure that the environment Is adequatly j 't+ protected through the proper disposal of solid waste. Encourage waste minimization and (r' maximize material recovery and reuse. C ,I I ovyftn "MCeEWOMPREPGN8"MMI:criasu-741 0own,wwr.e Page 11 II I c RirAmW Seca 11 Wild WasU S. IIITRATEuteti; 1. Site design for commercial, multifamily, industrial, and Institullonat land uses will require construction of revetments (typically vertical screening, ramps, platforms and gates) to house containers (both dumpsters end/or compactors) for fully automated collections. Specifications will be developed for revetments and for the paving of the surface on, and leading to, the container wMcWM to withstand the weight of the collection vehicles. The collection of bulky Rome will be addressed to reduce the appearance of these Rama at the curb. The city will continue to support oommunly efforts to remove liter and fugitive trash. 2. Utilize groundwater protection and monitoring systems, methane collection and monitoring for off-site methene migration prevention:, collection and treatment of leachate, and management of etonnweler to ensure that the landfill Is operated without harm to the environment. 3. Construct a materials recovery facility (MRr) adjacent to the landfill. The facility could recover recyclable materials and also bale the remaining solid waste bound for disposal. Development of a MRF would socelen de the achievement of the Plan's waste dWmkn goals and recycling volumes. Because the MRF anticipates baling sold waste Handed for the landfill, landfill space would be used up at a sipnifiantly slower pace. This M turn would extend the life expectancy of the landfill and offer other opportunities for the city to offset some of its capital and operating costs by taking In waste from outside the city, ( 1 l r r~ r c wr oa..wacnkara*aroe a ~n rcnaa~raM Cara w N a e Pegg 78 Revised Section 12 Electric 1. Introduction Denton Municipal Electric (DME), the City of Denton's power company, provides electricity to more than 35,000 customers. By generating and purchasing power, providing transmission, and maintaining customer service through an expanding distribution system, DME is able to meet the power demands of a growing population in a cost-effective, service-oriented manner. At the street level, maintaining and developing an infrastructure that is safe, reliable, and environmentally sensitive is a top priority. Long-term plans focus on securing future sources of wholesale power to meet projected demand as the city continues to grow. Electric power Is a vital component of the community, and DME Wit expand the electric services it offers as the city grows. 11, Policies A. Electric service to all new commercial and residential developments will be Installed underground. B. Electric serNoe providers and the city will work together to achieve the goal of installing electric utilities underground along and adjacent to major entranceways, C. Now electric feeder lines to major bad centers may be installed overhead except in specially designated areas or where existing electric, communications and cable facilities have already been converted to underground facilities. D. Electric service Initiatives will continue to fund the oonvers' in of existing ovefisad electric facilities to underground on a fiscally responsible basis. E. All tree trimming or other removal of vegetation to dear electrical lines will be in compliance with existing city policies and ordinances. F. The city will promote the use of municipal lighting fixtures that direct efficlently, reduce potential nuisance Ilghting problems, and enhance views of the n?,~ttime sky. 11. Goals and Strategies r A. GOAL r Provide safe and reliable electric utilities that will most future demands. Ensure that electric utility installation and operation Is environmentally and aesthetically esnsitive. Use cost-eMedhre methods to deveiop and maintaln the electric system. tWyD,,w*W_Mn?"Wt1ENwtPUMUCTMM11.741 WW IM VI 09 Page 79 ~r k I RrAsed Section 12 Electric B. STRATEOIEB } 1. Provide cost-effective purchase power through wholesale electric providers, to achieve the best customer rate for energy generation In a deregulated market place, 2, Electric service providers will continue to expand the installation of underground distn'bution fedlities to ensure the reliable delivery of electric services to a growing population. Electric service to all new commercial and residential developments will be Installed underground. Electric serOm providers and the city VAN work together to achieve the goal of Installing electric Miles underground along and adjacent to major entranceways. 3. The utility will provide efficient and effective customer services by maintaining rapid response times (less than 45 minutes) to customer outages, enhancing communication systems, developing automated meter reading capabilities and improving system automation and analysis capabilities. 4. Underground electric utility service to development is Important to promote good urban design and enhance the aesthetic quality of the developing neighborhoods. The city will continue to encourage service providers (able, tele)hone, electricity, data communications) In the city to cooperate with Initiatives to convert existing overhead facilities to underground. The city will adopt and promote the same seMoe criterion (through oniirw" development, eta) utilized by Denton Municipal Electric for all providers related to overhead verous underground conversion, tree trimming and planting requirements and new service l Installations. 5. An street right fixtures in new developments will be In compliance with city specifications. The city will use municipal righting fixtures that direct illumination effidantly, reduce potential nuisance righting problems, and enhance views of the nighttime sky. f 6. A cooperative effort between local government and the private sector Is required to ; I provide electric facilities in a cost-effective manner. Both public and private interests will base policies related to electric service on fair and equable participation in the costs. A awrDmr"WC crMCMi UP"MPLM tee W1.7arawK•.N Nwt Pao So l ~M I~ 4 Revised Section 13 Parks, Recxmtion & Open Space I I, Introduction Urban open-space lands may be publicly or privately owned, developed with recreation facilit es or a preserved natural landscape, as small as a house lot or as large as thousands of acres. While private open space and recreation facilities are Important elements of urban design, this chapter addresses only the public system of parks, recreation facilities, and open space. Attractive, safe and well-maintained public parks, open spaces, and recreation facilities are essential elements of Denton's image and quality of life. If strategically placed and equitably distributed, they can provide a wide array of opportunities for both individual and community enrichment. In addition, parks and open spaces may serve to protect environmentally sensitive lands from potentially harmful effects of urban development, while preserving their recreation and transportation benefits. Parks and open spaces are places to play, to relax, to enjoy the natural environment, and to connect socially with others In the community. They can define a neighborhood and provide a cultural and historical focal point, as does Fred Moore Park. If properly designed and maintained, parks can enhance the economic value of nearby properties. Linear open spaces can be used to knit together neighborhoods with other important elements of the city's fabric, including schools, government service centers, and commercial developments. Such lands can also serve as an effective buffer between incompatible land uses. In short, public parks and open spaces help to protect the social, economic, and aesthetic qualities that Denton value. In order to preserve these qualities, the city will continue to expand its award-winning parks system as the oommunity grows. Il. Policies A. A wide array of parks and recreation opportunities should be equitably distributed and accessible to all Denton residents. Park and facility locations will be determined in accordance with the parks and recreation strategic plan and the parks, recreation, and open-spaoe master plan. B. Parks and open spaces should be located In or adjacent to floodplalns, where possible, to aid In floodpialn conservation efforts and to enhance recraition opportunities. Such areas may be developed with recreation facilities or set aside as open space to preserve sensitive areas. C. The city should acquire and develop parks In combination with other public facilities to A._ provide the most cost-effective public services, Park property oould be developed jointly with new schools, storm water detent?on basins, drainage channels, fire and police stations, or librark s, This policy should not oontradict the spatial distAbuuon objectives of the parks and recreation strategic plan and the parks, recreation, and open-space master plan. cw,o=,,„,f,M O1W.a REHEN3 EKOUCt**MtV-"O"ftMV6Im Pop $I 1 4 I I ~ ROVIN d 89CU In 13 ParksilRledleatlon & Open To ensure the reasonable is n un o public parks accordance wim pan ryes, residential developers should provide in their projects land for neighborhood parks sufficient to meet the needs generated by their development or provide an alternative strategy to satisfy this demand, { E. The city should be responsible for the aoqulsition and development of oomrwnlty-wide { parks. III. Implications of the Growth Management Strategy Denton's population is projected to reach 183.500 by 2020, most of which will reside in planning subareas 39,4a, 6, 7s, 8a, 14 and 15. Approximately 2,400 acres of neighborhood, community- wide parkland will be needed, an Increase of 1,588 acres. Growth In these areas will require public Investment In the acquisition and planning of community parks, multipurpose centors, and athletic facilities primarily In the south and far-east parts of the city. Park dedication requirements should help the city keep pace with the need for neighborhood parks as new subdivisions are platted and homes are !wilt. Other Implications of the growth management strategy and planning policies are: A. Park dedication may be used to acquire ownership lands along drainage corridors in order to preserve environmentally sensitive lands and recreation opportunities. However, substantial public investment will be required to unite these lands Into the continuous greenbelt and trail system envisioned in the Growth Management, Storm Water, Parks and Transportation elements of the Comprehensive Plan. S. To provide efficiently for public services, the city should work with the Denton Independent School District and other school districts to consolidate lands for parks, libraries, fire stations, and school sites. To achieve the objectives of the transportation system, these facility clusters could be linked by the greenbelt system to residential areas, major commercial centers, and the universities. C. A new parks and icreaWn master plan Is needed to guide the acquisition and improvement of new parks, greenbelts, and other significant natural and historic resources. The master plan should be completed and adopted In 1999, and should be updated at least once every five years. D. The rapid growth of Corinth and other surrounding communities may present opportunities for cooperative ventures with Denton and should be mutusliy explored. r A, , i c wr ca.~.~MeeEnneor~onc c n>M rw~ ~ernanu r w taw w w N re Page 82 i n I I ~ 1 ReWMW Sectkm 13 Parksh Roo eadon & ( Open Space IV. Goals and Strategies A. DISTRIBUTION OF PARKS 1. Goal Ensure the adequate and equitable distribution of parks, open space, and recreation facilities. 2. Strategies a. Complete a new parks, recreation, and open space master plar that addresses public needs In atl park and open space catego-ies and meets the We urban design, transportation, drainage, and environmental conservation objectives. b. Based on service standards for each park category, acquire, and maintain sufficient land to keep pace with Denton's population growth. I c. Develop, fund, and Implement future capital Improvements programs consistent with the parks, recreation and open-space master plan. B. PARK AND OPEN SPACE ACQUISITION 1, Goal Achieve urban design, transportation, drainage, and environmental conservation objectives through park and open-space soquisitlon 2, Strategies a. Identify land and easements necessary to establish a unified greenbelt and trolls system that achieves recreation and transportation system objectives. b. Identify significant scenic, historical, and environmentally sensitive lands, and determine strategies to preserve them. C. FINANCIAL EFFECTIVENESS 1. Goal Ensure the cost-effective provision of parks, open-space, and recreation facilities. 2. Strategies a. Working with city departments, area school diabicts, and developers, identify A, , opportunities for clustering multiple public functions with parka and recreation facilities 1 Into neighborhood service centers. Develop appropriate planning policies, development regulations, and Implementation strategies. I l cvyDMrWftWC11rO OMPMfaNMPLAN acnanua+oeaan,wrsee. Page 83 i I 6 Remised Secdon 13 PwkiN iwecneatlO 8 ` Open Space ? developing b. Research the KW fix and 16861bitty Of Specialized perks a recrea fadlNba that can function as profit centers, which reduce the dependency on property tax revenue and generate profits to underwrite other recreation fecNes and services. 0. NE$PONSIVENESS f. Oat Ensure that future perks and recreation Improvements am responsive to the changing needs of Denton's citizens 2. Strategies a. Periodically survey the wants and needs of OentoWs citizens for their parks and recreation systemi. Incorporate this Information Into revisions of the strategic plan, annual action plans, and updates of the parks and recreation master plan. b. Update the perks, recreation. and open-space plan at least once each 5 years. i x~ c w o~.~«~rcaa~ rur kcnwnua~o tarrurs:« Pop b/ + i~ t Revised Seetkm 14 Erwhar mi { Management Introduction Environmental protection Is one of the most significant ongoing concerns expressed by our community. During the public review process for development of the growth management strategy and plan, citizens repeatedly questioned the existing quality of their environment and the means the city could use to protect and manage it Environmental protection encompasses a host of Issues; water quality, air quality, soil erosion, habitat preservation, public health, conservation, compatible development, wetlands protection, retention and enhancement of urban forests, ftoodplain protection, open space designations, etc. Management of these Issues Is extraordinarily challenging. To successfully address all of these Issues, a holistic approach, aimed et balancing a myriad of values and Interests, must be utilized, The city is committed to a built environment that protects the health and safety of its citizens. The City of Denton reoognizes the need to value its environmental resources appropriately. By identifying, protecting, and preserving those areas with slgnificant ecological value, further loss of our natural heritage can be avoided. Minimizing environmental degradation and pollution is an associated priority. With environmental concerns reaching out far beyond our city limits, any successful program addressing these Issues must determine the value these resources hold for our local community, our regional community, and our global community. Our responsibility lies finally to this not-so-Infinite planet on which nothing less than our very survival depends. !r• Policies A. Development policies will emphasize environmental awareness, promote the ethical use of natural resources, and encourage the preservaUon of native habitat. I B. Environmental protection will be an Integral oonsideration In the development of policies concerning economic growth and community development. C. The city will evaluate the value and function of the natural environment and identify areas with unique ecological significance. 0. Appropriate protection measures and management techniques will be used to minimize harmful discharges directly to the environment. E. Site-specific pollution control techniques will be based on the environmental significance of the area and the pollution potential of the development r F. Environmental mitigation, or lessening of the force or intensity of developments will be considered for development In areas of ecological significance. l c w, oau~rrcacserHCOwne EMSnt vwi lecnama IM COP KM 'A ON Page 85 i it Revised Section 14 Environmental Martagernent Development po rc es will establish a equitable distribution a use o natural resources. For example, provide floodpWn and open space access as a recreational resource for the community Instead of singular owner hip by one person or a single neighborhood. H. The city will take a leadership foie in shaping and implementing federal regulations and programs for water quality Issues Including stormwater discharge and erosion control. N. Goals 6 Strategies A. ECOSYSTEM MANAGEMENT Donlon will be a responsible steward of the natural environment, by Improving air quality, water quality, oonserv!ng resources (land, water, etc.), and reducing solid wastes. The city will work 1 with regional, state and federal agencies and neighboring jurisdictions to strive for improvements in the quality of the city's and regions natural environment. The cay will consider environmental Impacts of plans, programs, and regulations in regard to protecting the region's natural environment. Denton will have strong resource conservation programs including energy, water, native, and restored wildlife habitat areas, sensitive lands and urban forests. Energy conservation grill be an important component in our management programs, including electricity, natural gas, coal, and other forms of fossil fuels, as well as alternative sources of energy such as solar and wind. Water conservation will be promoted through education programs, Incentives, design standards cnd regulations, use of native, drought tolerant plant species, and the fee structure. Preservation and restoration of our sensitive lands and habitats requlres strong governance and programs to enable development and administrators data relevant to sites. 1. Goals Develop conservation and development priorities by: • Providing city planners and decision makers with a method to systematically 1 identify, evaluate, and synthesize various environmental attributes; • Using assigned ecological values to determine what type of growth is compatible I with each habitat area; e Acquiring and preserving open spaces considered to be of high value by the city; • Requiring proposed developments to protect the natural resources associated i with tha development sRe to the greatest extent possible; • Encouraging 'Green Builder" standards; and, e Expanding the public education program. 2, Strategles A The City of Denton contracted with the University of North Texas (UNT) to develop ! descriptions, rating criteria, functions, and values for local and regional habitats. The objective of this ecological values project Is to provide the city with a method for systematically Identifying, evaluating, and synthesizing the various environmental attributes l e vry a~.~.rsoceen eaantntKStit KM esc noMSiu-i.es cow MM ve ea Page Be, - J ~I Revised Section 14 Einvin:~rnntentai iVi811~lgt@f1'lennt associa with a particular piece oil land. The pro a considers ecosystem Services a r quality, water quality, stormwaler treatment/flood control, recreafonltrails, wildlife habitat, fisheries municipal economic benefits, and rehabilitation need) and ecological goods (aesthetic values, heritage attributes, native species, core habitat, connectivity habitat, and restoration need). Once criteria and values are assigned, the city can Identify what areas are appropriate for what types of development, conserving the most critics? environmental resources while permitting more Intensive development of lower prioritized resources. s. Utilize the scientific and technical expertise of UNT, literature related to ecological valuation (particularly on the city and county government level) and develop a framework for identifying and prioritizing various habitats. b. Draft a list of ecoogicel functions and values of the Immediate area. Develop associated geographic Information system (GIS) layers. By adding these different criteria layers together, habitat value can be Immediale!y Identified for any piece of property within Denton County. c. By utilizing this approach, development will be integrated into the natural landscape "y directing it away Porr, sensitive natural areas and by applying innovative planning, ! design and management practices, such as protection, buffering and mltigation, when such development occurs In close proximity to sensitive natural areas, The city will develop effective partnerships with the county, other governmental agencies, and the private sector for the protection and preservation of Important natural areas. d. Establish values and rating criteria for various ecological functions associated with a specific area. Develop associated geographic information system layers Indicating different ecological values to deterrnlne the most suhabie area for development Identify and describe ecological values as either ecosystem services (financial benefits) or as ecological goods (less tangible but still has beneficial value). Rate each habitat area based on site characteristics and value of that characteristic. e. Make broader use of mitigation bar'-$ to facilitate market-based compensation to landowners that choose to help proteu nrlronmentally sensitive lands, I. Facilitate wise real estate development, especially in difficult economic times, real estate developers and lenders know that certainty of approval end availability of Infrastructure, rather than speculative leapfrogging, will reduce costs and processing time. Therefore, new reat-estste developments can be brought to market more quickly and Inexpensively within areas where effective consensus plans for conservation and development have been created, g. Relate ecological values to the growth management and land use plan to determine what areas ars) appropriate for what type of growth. t, i Ir h, Implement adequate public facilities requirements. ~i e+MDXe "ItEEtMtOMFEHEM9MawaEMIAMI.r.Ntaw►w+vdex Page e7 I` c i Revised Section 14 Erwir+orrnerrtal Management ~ Require an environmental impact analysis s. or develop men s in areas with high ecological values and services (environmentally sensitive areas), require appropriate management practices including any necessary mitigation actions. J. Enhance Bearing and grading requirements to minimize erosion, ellminats clear- cutting, reduce sedimentation, and reduce fugitive dust (airborne particles). B. R Denton will continually Improve O• air quality as the city grows, through comprehensive programs, policies, and Implementation. Effective strategies will be applied to address the following Issues: motor vehicle emissions, commercial and Industrial pollution, wood-smoke emissions, street dust, Indoor air quality, and visibility. The city shall endeavor to minimize the amount or allowable particulate emissions, odorous, noxious, and toxic matter into the air. 1. Goals Encourage public transportation systems and efficiencies. Develop policies to reduce ozone concentrations from mobile and stationary sources. 2. Strategies a. Develop pedestrian transportation routes such as %slo-web' to encourage bicycle cot muting and connected traits to encourage walking (see urban design and the street b. Enhance public transportation alternatives (see transportation section). C. WATEg The value of tributaries and watersheds, unfit recently, has regrettably been overlooked. A watershed approach to water quality will be taken that conserves stream corridors and other water bodies as netural and managed ecology al systems and as critical wildlife habitat Water quality will be protected and monitored to ensure high standards, addressing all forms of water resources such as drinking water, streams and water bodies, stormwater runoff, ground water, and wastewater treatment. 1. Goat Preserve floodplain areas to Improve water quality and maintain floodplain habitat 2. Strategies a. Implement end enforce floodplain-zoning restrictions, Including development r restrictions and use of greenbelts and other law-intenslty lend uses. , A ~ r. b. Comprehensive guidelines and policies will be applied to manage existhig and f 1 proposed development adjacent to floodplains or bodies of water, to minimize Impacts on and restore the riparian ecology and to minimize hazardous conditions associated with flooding. c wy o .r+roemncanva~e u w ww s ccr e«~u r* cow rwr w see Page so FI 1 t Rt~rised Secdm 14 Enrlr+orrnentAl c. Expand the cey limits to include the entire greenbelt corridor and 1135 project area, d. Acquire and preserve the 100-year floodpfains and conservation easements. ! e. Coordinate development of greenways and trails along the floodplaln of tributaries. f. Use measures to minimize stormwater runoff that significantly Improve environmental impacts. D. ML 1. Goat Encourage preservation of open spaces. 2. Strategy a. Open spaces have been recognized as a requisite to a healthy community. Denton, will continue to acquire and manage land and water to preserve, protect, and enhance Important natural areas. b. Create an Integrated system of publicly owned natural areas to protect the Integrity of important conservation ages, protecting corridors between natural areas, and preserve outstanding examples of our diverse natural environments, Administer a strong program to scqulre and manage important natural areas that preserve wIIdlh habitat and native landscapes, while providing opportunities for education, sclentiflc research, nature Interpretation, art, fishing, relexaWn, wildlife observation, hiking, and other activities, whlch do not require a motorized vehicle. Actively protect, manage, and enhance our natural stream corridors and other waterways as natural ecological systems, Important wildlife habitat and accessible recreational areas. c. Develop creative approaches to conservation of other habitat and open space, such as prime agricultural land. o+M awti wwcsenkarrnc warn ww KnO stet MW a w N &a Page 09 `ll _ r 9 i Revised Section 15 urban Design c 1. introduction Urban design is a term used to define how a community manages the physical and visual character of its built environment. Urban design has become an increasingly dominant Issue In Denton In response to growth in development and construction activity. The quality of design of the built environment can have a profound effect on the economic and social health of a city. The quality of the surroundings where people work, live and play affects Denton's Image and attractiveness to developers searching for high quality business and residential locations, By contrast, a poorly designed urban environment can be a barter to Investment and economic development. A high quality environment Is a fundamental requirement to attract long-term, high-quality Investment. The Issue of urban quality must be addressed rigorously If Denton is to achieve the quality of development that most c hens desire. The urban design strategy aims to substantially raise the quality of Denton's urban environment. As the twenty-first century approaches, expectations of quality will be raised. Denton will take an urban design leadership role within the region. A quality-based philosophy will be adopted and embraced. Urban design should receive equal consideration alongside concurrent objectives related to a nvironmenta I quality, social equity, eoonomic stability, and long-term prosperity. IR lhO 99111 Of UFbaF; design. A Pow appiteash will be adepled lil;9! 91FAWOOS 9 QW111111Y bass Il. Polkfes Properly developeq urban design policies need to acknowledge economic realities and functional necessities. Different areas In the city serve different purposes, so district-odenled urban design strategies are approprlale. Practical and reasonable expectations require that urban design efforts are concentrated on the "public environment", a temp that refers to areas that Is either physically accessible or visually prominent to members of the general public. Denton seeks to maximize both public and private benefits by Improving visual quality and j perceptions of our Image. A. Visual quality objectives and a healthy business climate should not be considered mutually exclusive. Urban design concepts should be Incorporated Into pdvabj development plans early Into the revlew process. Attention should be paid to design pr!rkSples tiwt In many cases do not Increase project cost. B. The Impact of public features such as slgnage, electric dines, valve boxes, solid waste receptacles, streets, curbs and gutters, sidewalks, buildings, parking lots, and parks should be recognized as Important factors In affecting community appearance. City government will exert a leadership role In following the principles of good urban design, cOvNC.ft%KUT cOWMKNUAAMeccnatoImcownu,Nme Page 90 J. ( i Revised Section 15 urban Design C. The city's urban design strategies will be guided by the principle that the spaces between buildings are just as Important as the buildings themselves. The form of public spaces should support their Intended functions, and their visual qualities should communicate the values we feel are Important. D, Concern for community appearance should be addressed in a comprehensive manner. Such an approach provides this opportunity to integrate urban design objectives with other planning mechanisms, such as land use, zoning, subdtvislon regulations, historic preservation, economic development, and environmental protection, E. Architectural diversity and creativity should be encouraged to avoid homogeneity and sterility. Contrast and variety contribute strongly to visual Interest and viewer perceptions of quality. Implementation of design standards by the city will pay strong attention to avoid regulations that promote sameness and stifle Individuality. F. Urban design principles should be emphasized in neighborhood revitalization plans, and residents should help to determine social and cultural values that are reflected visually. Infill development should be evaluated carefully to promote compatibility with existing structures. New development can provide contrast yet complement older structures, 0. Opportunities for the display of public art and practice of the performing arts should be provided In a variety of public property venues, including parks, street rlghts-of•way and public buildings, N. The unique and distinctive cultural and architecture) features of Denton should be Identified, restored, preserved and maintained through a partnership between the city and private Interests, In keeping with the historic preservation plan, 1. Development along major entranceways Influences first Impressions and the Image of Denton, Good urban design should be encouraged and promoted to enhance the appearance and perception of quality along thoroughfare corridors. J, The City of Denton's Image is strongly Influenced by its universities, and efforts should be made to anhance their appearance whenever possible. The city should strive to encourage more community Interaction with the universities by linking physical access between these Institutions and public property. K. The value of trees and landscaping should be recognized as Important features that strongly Influe toe the aesthetics and environmental quality of the city. This reoognition of value will be reflected in all development standards. L, The city will continue to view the downtown as a unique and dominant area that merits special attention. A comprehensive downtown revitalization program, based on the strategies of the Texas Urban Main Street Program, will be pursued to maintain the mornentum created by recent Improvements. e w o~am.awceeiKCarnc cis wl e~w uemw ua «coo KM" Page 0 1 I i i Revised Section 15 Urban Design Urban Design Principles Urban design policy Imptementatlon will be guided by several principles. The urban design principles address, on a policy and/or detailed level, the following Issues. Proper consideration of these Issues will be achieved using regulations, flexible guidelines, or conditional funding; A. ACCESSIBILITY This Is the ease with which people can access a full range of facilities such as shops, leisure, employment and other public areas. Acxeaeibllity Is affected by the location and distribution of uses; transportation choices, including facilities for less mobile people; the physical design of spaces and pedestrian circulation systems. New development will be accessible to the widest range of people both In terms of its location and the physical design of spaces and buildings. B. SAFETY 3 HEALTH A well-designed built environment can help to Improve safety and security. An unsafe environment can disoourage human activity and render a site useless. Good rrphting and proper site design are also Important factors. Efficient transportation design can contribute to reduce air pollution emissions. Strategically placed landscaping and careful architectural design can reduce energy consumption and save money. Designers will be expected to demonstrate that the health and safety of the city has been a factor in producing now development schemes. C. PERMEABiLI The number of alternative ways through an environment Is a measure of an area's permeability. New development should maximize permeabilfly both within the site and In the neighborhood. Site design must bo based on efficient use of existing paths and patterns of movement. New development should be designed to complement the existing network and maximize the choice of movement within and through the site. Paths into a she should conned father than forming a series of dead-ends. New development will be expected to take advantage of opportunities to improve choice and convenience of movement. 1 D. DURABILITY 8 ENDURANCE Durability and endurance are very important factors In achleving a sustainable built environment. The use of high-quality materials for surfaces should be a priority. The resistance of materials to wear is Important if they are to last and not require excessive maintenance. Flexibility and adaptability In the design and layout of space are also Important factors to accommodate changing demands and a variety of ecttvlties in coming decades. E. LEGIBiLITY r Legibility refers to the ease with which people can understand and are comfortable with the organization of a place, Good legibility Is Important because it allows people to find their way around the city. Development schemes will be expected to complement and reinforce the urban ..il character of; • Paths that help define proper routes for movement; C Oh ooonwYCeEMGC•OneKn7 v! tnln •acnas,11 749 COW "W he Page 02 it Rlevised section is urban Design • Districts that are reoognized as areas of similar character, with unified features such as land use, density, architectural style, scab, or construction age • Landmarks that provide specially recognized feature unique to the city, Edges that Indicate distinctions between different neighborhoods or land use districts; and Nodes that are created at the juncture of paths or are created as special activity centers F. DESIGN CONTE%T Site analysis will be considered an Important aspect during the development of design and construction proposals, and will Include, but not be limited to; -Paths In & around the site -Sunlight -Change In levels -Landmarks -Behavior patterns in & around the site -Orientation -Urban form -Strategic qualities of the site -V6ews into & out of the site -Native & existing habitats -Relationship to existing structures -The nature of boundaries -Vistas -Proximity to others -Enclosure of streets & spaces -Public transportation routes -Topography In & around the site -Ripartan & ftocdplain protection -Diversity of use -Climate F. ARCHITECTURAL QUALITY The impact of architectural quality will strongly Influence the quality of growth during the next twenty years. The following architectural principles shall be used to guide decisions regarding f I structural design: 1. New buildings should demonstrate thorough knowledge of historical architectural Information and context, but should not Imitate older buildings. 2. High-quality architectural design should be encouraged. Innovatlon, creativity and originality are considered to be primary Ingredients of high-quality architecture. Radical or challenging design solutions will be welcomed, Such buildings are Individualistic, provide contrast, and in these ways create local Identity and contribute to local distinctiveness. 3, Careful consideration of proportioning, detailing and context Is Important in designing buildings adjacent to landmark buildings by providing variety and darning space, 4. Architectural design Wit be used to integrate the functions of buildings with public spaces, adding to Interest and vitality. The Impact of architecture on public spaces must ` be considered. Main frontages and comers should Include major entrances, windows, or , other features to create activity and visual Interest at the ground floor level. 5. Design materials will be used and expressed authentically and appropriately. r~ Cry OauwMMMlF M{CYFII[f[MNYI R,W uCTgMn111~1 Cps r1AM N •oc Page 93 + Ili l c i I i Revised Section 15 Urban Design The city will partner with developers rs on development projects and will actively explore I the use of competitions In the development of significant publicly owned ones as a means of encouraging more distinctive design. Cells for design and programs for development related to projects that demonstrate consistency with the comprehensive plan may be explored by the city in partnership with potential developers and design professionals. 0. TRANSPORTATION INFRASTRUCTURE The design of transportation systems strongly influences the form of the buin environment and the quality of life of its users. The city will take steps to reduce the negative Impact of motor vehicles on the quality of the urban environment. Transportation Infrastructure principles Include: ii 1. Location 1 Mixed-use and urban village developments of appropriate scale and compatible design are enoouraged. Isolated nonresidential land uses will be discouraged 9 they generate excessive vehicular travel or are not well served by public transportation. Use of transit- i oriented design (TOD) is encouraged. { 2. Transportation Priority and Choice integration of pedestrian and public transportation systems with new development Is encouraged. This includes consideration of the approaches and access to development, and the arrangement of spaces within the she. Developers should contribute funding for public transportation improvements where warranted, accompanied by a reduction In off- street parking requirement3. 3. Parking Standards f Off-street parking requirements should reflect respect for environmental quality considerations. Parking location and associated landscaping should be carefully regulated to avoid unacceptable expanses of pavement. Large parking lots should be broken Into smaller sub-lots. Parking standards should be carefuity set to avoid unnecessary pavement. Shared use parking facilities should be encouraged. 4. Car-Free Oevolopmsnl Experimental residential developments on inner-city/university center ones, in which no car- parking provision Is made should be encouraged. Where innovative wohicles (Io. electric cars, eta) are used, this parking restriction is lifted and parking Is cllrwed on the street for these vehicles. Such developments will cater to noncar owners, or eu otherwise stated and will be in locations with good access to public transporlation and to a range of facilities such as shops. It will be necessary for the occupancy to be limited to noncar owners or Innovative vehicle owners 5. Design of Bridges and Transportation Structures Qualified and creative engineering input should be used In the design of transportation r infrastructure, with interesting structural solutions, rather than the addition of decorative detailing to a standard structure. " ` l caft0v a*seCMMPAWftt EMJfAPuu6ECM"..iaJ4M coed KMvlsee Page 94 it i I I 1 r 1 Rlewised Section 15 Urban Design Solid Waste Solid waste oontalners should be located out of public view on prrvate property, in areas specially designed to accommodate withstand truck maneuvering. The use of innovative lechnologies to reduce the visibility of solid waste operations should be encouraged. Small area plans should contain strategies for sold waste Improvements In existing developed areas. 7. 100-year Floodplaln Roadways should be located parallel to, and outside of, the 100-year floodplain limits to establish green space between the road and the floodplain to serve as open space, limit flood exposure, and facilitate channel maintenance. S. Street Trees and Landscaping Trees and landscaping will be designed as a crucial component of all roadway networks, Trees and other plantings will be property coordinated with utilities to avoid conflicts and competition for limited underground space on city-owned properties and right-of-ways. The city will fully consider the significant value of trees and P-i urban forest when resolving i Infrastructure conflicts; select and plant appropriate tree species on public rights-of-way that maximize planting potential whRe protecting the safety of the public. H. NEW NEIGHBORHOOD DISTRICTS 8 MIXED USE DESIGN The following principles are intended to apply to raw neighborhoods and activity centers with a variety of densities. The pattern of davelopment described has been called variously the urban village, new urbanism, neo-traditional planning, traditional neighborhood development, and transit-oriented development. r 1. The Planning Unit The basic unit of planning is the neighborhood. 2, The Neighborhood Size A neighborhood Is limited in physical size, with well-defined edges and a focused center. The size of a neighborhood should be defined as a five minute walk or one-quarter mile from the neighborhood edge to Rs' center and a ten minute walk edge to edge, Human scale is the proportional standard for all structures and accessory components. Automobiles are allowed within the neighborhood but do not take precedence over the pedestrian or human needs, particularly the aesthetic functions that Include a "sense of place`. These neighborhoods will typically contain transit stops and %111 utitiue transit oriented design. 3. Corridors and Districts Corridors form the boundaries between neighborhoods, both connecting and defining ahem, Corridors can Incorporate natural features like streams and hillsides. They can take the form of parks, nature preserves, travel oorrido; s, or railroad lines. A neighborhood or part of a neighborhood can compose a district. Districts are made up of streets or ensembles of streets where special activities are emphasized. A corridor can also be a district such as a r major shopping avenue that connects neighborhoods. 4. Mixed Use and Compatibility Mixed use that meets predetermined standards may be permitted within the neighborhood and provides a variety of housing for people with various Incomes. Buildings may have a` C rip WW'**VCK mOOWRE4NS n PLM mcmhvla-t as eOW run N die Page 95 1 I i s h ' ReWsed Section 15 Urban sign { variety o unctions but must oompati e with one another In size an e r re atron to e street. Uses may change within a building both vertically and horizontally. Neighborhood services should be accessible within the five-minute walk. Retail Is Integrated with residential, commercial and even some types of manufacturing use, though not typically on 1 the same street in a given neighborhood. Apartments ere also permitted over stores and offices. Forms of housing may Include apartments, duplex, town homes, and single-family homes, accessory apartments, and outbuildings. Multifamily development Is typicatty in smaller, human-scale buildings on separate lots. 5. Definition of Public Space I Buildings should be ailed carefully to create to defined public space. Bulld-to lines should be utilized to establish a consistent series of building facades, and to promote regular alignment. The street Is an Important form of public space, and the buildings that define it should be expected to reinforce and enhance the streetscape corridor, j i 6. Street Pattern The neighborhood street pattern should be gridded. Parks, squares, diagonals, T- Intersections, rotaries, landmarks, and other devices should be used to relieve the visual monotony of the grid system. The range of street type is limited, from mixed-use neighborhood collectors to narrow lanes and alleys. Limited access highways may only exist within a corridor. Cul-de-sacs are discouraged except under extraordinary circumstances, such as cases where rugged topography requires them or large lot uses occur. 7. Civic Buildings and Open Space Civic buiiaings, such as city halls, churches, schools, libraries, fire and police, post offices, and museums, shoule be placed In prominent locations. Potential sites include the frontage of squares, in neighborhood centers, and whore street vistas terminste In order to serve as landmarks and reinforce their importance. Buildings should define parks and squares, which are distributed throughout the neighborhood and appropriately designed for a range of neighborhood functions, Design and scale should be compatible with surrounding structures. Open space is a required component of the neighborhood. Public open space is a necessity that links different parts of the neighborhood and establishes a sense of place for residents. 8. Architecture Architectural guidelines may be required for neighborhoods to establish unity with respect to massing, facade details, materials, and roof pitch, although many variations would be possible. Such architectural guidelines would be neighborhood-spedfrc and would su,,+plement citywide design standards. 9. Street Walls and Basle Design Components In order for a street to achieve the intimate and welcoming quality of an outdoor room, the buildings along it should compose a suitable street wan. Building height should be sized in proportion to the width of the street. Butlddo lines should be used to determine how close ' buildings will stand to the street. If parking lots are necessary, they should be located I A. behind or to the side of buildings. Additional standards may be employed to govern recess lines for upper stories, and transition lines, which denote a distinction between ground floors used for retail and the upper story floors for offices and apartments. c w, o:...auaen "WAEKMS x KM 11110" 802 M COW KM w *e Pege 98 a Reprised Section 15 Urban Design IV. ! Goals & Strategies A. URBAN DESIGN STANDARDS The most significant Improvement to be made regarding Denton's urban design policies is to Incorporate regulatory standards into the zoning code that address aesthetics and visual quality. 1. Goal Develop urban design standards to be Included as part of the city's development code. The standards may vary in app'kation to different parts of the city, but In all instances, the requirements should be tied to a legitimate public purpose and consistently applied to all properties of similar nature. Specific attentlon stout! be paid to urban design elements including, but not limited to; a. Site Design Subdivision design • Street layout She design • Compatibility with neighboring properties • Open space a Outdoor storage Parking placement b. Architectural Design Building height and bulk a Building placement • Building orientation Garage orientation a Building materials c. Site Elements Fences and screening devices • Lighting a Buttering of adjacent properties e Mechanical equipment, dumpslers, and utilities • Landscaping • Slgnage. 2. Strategies a. Revise the city development code to Include urban design standards. Use land use c,aWfications to Impose appropriate standards upon diMerent types of development r b. Require the oonelderation of design standards at the earliest possible stage In the development review process. C Mh omnrerwcetnnca►wnt [Helve FLM WfICNs2411 COW ftM M ea Page 97 1. Revised Section 15 Urban Design c. Incorporate e n s ards lia may unique to specific geogrephle areas, e as transportation corridors or redevelopment districts, as appropriate during the ' development and adoption of small area planr. d. Alt proposed development In the city rill undergo some form of she plan and design review. Review complexity should to proportional to the potential visual impact of the proposed project. e. Determine In advance the design standards that will apply to any given property, and ! differentiate between the qualitative standards that will require discretionary review and approval verses quantitative standards that can be measured and administered I equitably. f. Detailed design standards will be developed for new nelghborhaod centers. The relationships between permitted density, limited mix of uses, adequacy of services, and amenities will receive special attention. The issue cf buffering between existing neighborhoods and new neighborhood centers will be also be addressed. g, Develop street tree standards for adoption as part of the landscape ordinance once proper alignment of streetscaps Infrastructure has been resolved in revisions to the chy's subdivision regulations. K Develop a design strategy intonded to coordinate public Improvements such a sidewalks, signage, utility poles, utility lines, valve boxes, and solid waste receptacles. 1. Adopt specific urban design review processes that apply to city and other governmental development projects. B. VARIETY & DISTINCTIVENESS New development should be allowed the opportunity for site specific design soM;ons. Development that complements and reinforces local distinctiveness stimulates visual Interest and enhances the urban character of an area. Reputation of structural styles end detailing becomes monotonous and Is less appealing than compatible variety. 1. Goal I Development proposals that require discretionary review should contain she-specific design 111 solutions, based on an and irstanding of the character of the surrounCig area, and should reinforce and enhance Denton's distinctiveness. Developers should be encouraged to utilize and invest In architectural design services that promote individualistic, creative and distinctive design. The city and other governmental entities ahouid also adopt such an approach, v r' 2. Slrategias ! A~ \ a, Project design concepts should be Identified and explained as Important criterion for consideration during discretionary review processes. The appearance of proposed l development and its relationship to its surroundings should be properly C ~A' DocurwhMGfMCOWllflf NbM /IAII flCMNft!-tA0 CCA! /IAN N me page Revisfsd Sealion 15 Urban Design communicated a considered prior pro approval, oor es ns should } Improved to acceptable standards or rejected. b. The city will undertake urban design studies and analyses, ekhsr Independently or as part the small area planning program, to develop guidelines that promote variety and distinctive;*ess. Different character areas within the city should be specifically Identified, and a broad-based u;van design approach that treats sit properties the same should be avoided. c, Design review processes shalt be structured to provide opportunities to demonstrate alternative comp►lance within a reasonable period of time, C. VISUALLY $ENSITIYE LOCATIONS Visually sensitive locations Include unique natural or manmade areas considered to be important community plaoas, historle areas, special open spaces, key entryways Into the city, or other locations that merit special consideration due to public visibility. t. Goals In sensitive locations, new development will be expected to demonstrato high standards of 1 architectural and urban design In a manner that complements or enhances the urban 1 context. i Architectural style, alto design, and Impact on surrounding properties should be carefully examined when development Is proposed In a sensitive location. Demolition in sensitive locations should also be reviewed to determine the Impact of both removal and replacement i features. 2. Strategtes a. Visually sensi" ve locations should be Identified, geographically defined, and protected through formal Council action. b, Development and demolition review and approval will be required for visually sensitivei locations, and will require discretionary review based on predetermined standards, c. The Impact of sensitive location designation on private property should be assessed and evaluated to del( rmine the appropriate use for lh, .rte. D. PUBLIC ART Public art provides a number of benefits to the city. It can create Interest, create loeal distiuotiveness, provide a memorable Image associated with the city or certain districts within the ciy, lend charardc,- io udvn spaces, and make the urban environment more attractive, 1. Goals ' The p.,ovision of public art will normally be expeded as part of any large development : a^_hdmes. C, onto ftXIVWarnEAMMrunf6cntnnu.raotarlUWM6X Page 00 ' f c Rlevisad section IS urban Design u ic art ou cons r as an integral part o the as gn o spaces n an around development. Encouragement Is given to the involvement of commissioning experts, so that opportunities are available to a wide range of artistic talent. j 2. Strategies a. Public art should be encouraged as part of public and private projects. b. Potential funding mechanisms should be explored to develop a public art program, c. Temporary displays of public art should be encouraged to increase awareness of ila effect and benefits, d. Public art should be located In suitable locations that include city entryways, gateways, urban open spaces, areas of high visitation, pedestrian areas, and other tcations, Public ad should be used In strategic locations to provide emphasis to places that should be memorable. e. Public art should be used to complement design features of the specific location In which it Is placed, f. Practical Issues should be considered In the design of public art such as maintenance, durability, and safety. E. URBAN DESIGN PLAN 1. Goal A citywide urban design plan will be developed that describes the Denton community's approach to visual quality and Image. The plan should be used as policy document to describe ongoing efforts to coordinate urban design objectives with other public concerns such as utilities, streets, environmental management, or parks, and should be used to critically examine areas In need of Improvement or protection. 2. Strategies a. The urban design plan should be used to formally Identify visually sensitive sites and locations. b. The urban design plan should be used to Identify and map the city's character areas that will be treated separately. Features that are significant, such as transportation corridors, waterways, activity and mixed-use centers, large open spaces, major i development sites, historic areas, or conservation areas should be considered In terms of visual Impact and attractiveness, c, The urban design plan should be used to rate and prioritize the sensitivity of different sites. The development of priorities will allow the allocation of limited resources where they are needed most. d. The city should develop the ability to prepare and use visual simulation techniques as a way to evaluate specially designated projects. Private developers should be c Or ce u+.ceEnncarnc chenE rur UcnaMu.rA cow KM w be Page 100 • P Q l' Rievtsed 3eaUm 15 thbw,t panign required pr e, com ar mxr a , or eo apa simulation o a1 - proper assessment of projects cone ersd to be of significant v1susl vMsct. ) e. The urban design plan should be used a device that enables the coordination of private and public improvements that are designed to be visually compatible, C Preparation and adoptlon of the urban design plan should be a public process, open for citizen review and comment. Design workshops, public meetings, ark public hearings should be held to raise citizen awareness and determine community consensus regarding aesthetics and visual quality Issues. g. The urban design plan should contain a monitoring mechanism devieed to provide periodic feedback regarding plan implementation and support. i r A C WWWft =1~KOW1W-*MPLAMUCTOMMII-740 MVhNINa Page 101 Revised Section 16 Hhitoft Pneiservado, Introduction Denton received designation as a Texas Historical Commission Mein Street City In 1889 and Received the National Trust for Historic Preservation 'Great Main Street City Award" In 1899. In addition, Denton's downtown was listed as a district on the National Register of Historic Places In 1999, having more than 120 renovated structures in the downtown area. The unlque and distinctive cultural, historical, and architectural features of Denton should be Identified, restored, preserved, and maintatlied through a parbiwship between the city and private Interests, In keeping with the historic preservation plan. tr, Policies A. Existing neighborhoods should be protected and preserved. B. The city will continue to view the downtown as a unique and dominant area that merits special attention, A comprehensive downtown revitalization program, based on the strategies of the Texas Urban Main Street program, will be pursued to maintain the momentum created by recent Improvements rn. Goals and Strategies A. HISTORIC DISTRICT 1. Goal Identify and create additional historic and conservation districts. 2. Strategies ' The Historic Landmark Commission and city preservation officer will Identfy and recommend areas within the city limits that qualify for historic district designation. Historic districts receive appropriate zoning classification In order to enforce and ensure preservation of structures within the district. Potential historic district elites currently under consideration are; • Courthouse Square District • Congress School Distrct The Historic Landmark Commission and city preservation officer will identify and recommend areas within the city limits that qualify for conservation district designation. ' A Potential conservation district s1tiss currently under consideration are: { C Vy DMr*,*WBE WOWREI[NS" /IAN EECmNT11141 cow KM W doe Page 102 ` Rewlsed Section 16 Historic Prep ervrtlor~ • Auslin- ocusr servetion District • Bell Avenue Neighborhood Conservation District The Hislorlc Landmark Commission and city preservation officer will educate property owners of historic district benefits and encourage participation In district development. The city will designate structures having hislorio or cultural significance. Property owners of designated Individual sites may receive an Incentive In the form of 50 percent exemption from city takes for fifteen years. The Historic Landmark Commission will review plans within the historc districts. 0. HISTORIC TOURISM 1. Goal Enhance the hlstoric tourism potential of historic districts, 2. Strategies a. The city wilt actively promote preservation as a means to Increase economic, cultural and educational diversity within the community b. The city will support and encouragd the restoration, preservation and malntenanoe of areas having hlslorkel or cultural significance. C. HISTORIC SITES 1. Goal t Protect Individual sites or aspects of areas Identified as being of historical significance. 2. Strategies a. The city will encourage voluntary landmark desiynatlon as a vehicle to protect sites with historical significance. b, In those cases where structures located In the downtown area do not qualify for historic deslpnation, encourage use of property appearance guidelines when renovating, to maintain a consistent and aesthetic atmosphere. c. When Improving Infrastructure within hislorb districts, efforts will be made to Month and preserve historically significant features. Infrastructure construction will be reviewed by participating departments prior to performing work. D. ARCHEOLOGICAL RESOURCES i 1. Goal Protect remaining archeological resources. v 2. Strategy Steps should be taken to ensure that Important remains and artifacts are not disturbed whenever possible. In some Instances, mitigation may be achieved simply through documentation rather than complete preservation. c"Oe We b*X*tnKCWW*Nj""ucna+rr0ro.rNsowftmWlot Page 103 j, t, i Retiised 39CO M 17 The at, Introduction The street can be defined as the most important, enduring public space that determines our urban environment. The street should be comfortable and enjoyable, as well as provide efficient movement of people and goods. a The street Is the single largest pubic space In the City and should be acknowledged on that level. s The street should complement the distinctive character of tha nelphborhood or district while providing connections to adjoining neighborhoods. s Formation of the street will Include proWpthre standards, which specify exactly how a facility Is to be built, and performance standards that desoibe the objectives a facility will meet. Our streets need to be aesthetically and environmentally pleasing and sensitive to local situations and needs. s Costs should be based on consideration of life cycle costs, level of service, and level of risk and impact or facility failure. a The street has o major Impact on creating development that is sustainable, facilitating a walkable community, and creating a pleasant and nurturing environment for our citizens. a The large-lot street section Is basically the same as currently used In residential developments of all densities, s Reductions In rt sidential speed limits are Included beneft i along with reductions in street pavemerr widths strengthened safaty factor,. Pedestrlenlsm, tre,f.rc calming usage, and In recent history, Denton has developed exclusively on the back of the single occupant vehicle. Suburban sprawl has impacted our highways and city roadways as people find their way through Denton on regional trips or Into Denton from outlySng areas, The largest single Issue we, face Is reducing the need to continually expand the transportation roadway system. The boat available solution Is to embrace development concepts, where trips are satisfied Internally using a variety of transportation modes. rl• _ Street Development StreAts are generally classified in!u freeways, major arterlals, secondary arlsdals, collectors and residential streets, Each of these ruadway classifications has unique street sections, amenities / and associated Infrastructure. Tha dwelopmentof these sections needs to provide the basis for sustainable development. c wry axv rar~csn N OLLM[ EN[M RAN [E~•gNh1} rN tOM1 PMN h ax page 104 f' Revised Section 17 i The Street Neighborhood streets should be designed In an Interconnected or grit system with smaller blocks and more denso development (Figure 17,1). The Interconnected system provides multiple routes that diffuse automobile traffic and shorten walking distances. The pattern keeps { local traffic off of regional roads and regional traffic off of local streets. The streets in a neighborhood need to be designed to provide equKably for pedestrian comfort and automobile movement. Slowing the automobile and Increasing pedaelden activity encourages the casual meetings that form the bonds of a community. Traffic calming as referenced In the traffic calming policy should be designed Into new subdivisions TW! proposal addresses the separation caused by the conventional 'ranch home' or 'estate tat" concept by moving the home toward the street using bulks-to tines from the rightof-way. Bulld4o lines require structures to be set at a specific line parallel to the street. The existing setback criteria are not compatible with the creation of interaction because of the separation of the home from the street. Special residential lot conditions at block ends may not require street frontages where the front yard faces onto a green or community space and there Is alloy socess to the property. Supplemental parking Is required In this instance within the block. 1, Residential Alley New neighborhoods and districts with lots less than 10,000 square feet can use public alleys for primary access (Figure 17.2). The alley will be dedicated to the public. Solid waste service will work to serve from the alley. The alley also serves as fire protection access. 2. Residential Lane This street Is designed to reduce the Impermeable area from current standards white providing for basic access needs (Figure 17.3). This street section or the residential street E may be used at the discretion of the designer. • Alleys required Use with lots less than 10,000 SF Access from rear lot lines • Parking allowed one side • Rec, eationat vehicle should be stared oK-street In rear yards or within separate recreatkmal vehicle storage facilities • Supplemental parking Insets within the block or block ends 3. Residential Street This street is designed to redvoe the impermeable area from current standards while providing for basic access needs (Figure 17.4). This section has a wider right-of-way requirement and a narrow pavement section to allow all utilities within this right-of-way. This street section or the residential lane may be used at the discretion of the designer, • Use with lots less than 10,000 SF r A • Parking allowed both sides f • ':)allays • Access from shared driveways • Recreational vehicle storage needs occur In separate lots for that purpose l . C Oh Dam +M r~c•tTM+drnut MMne 1UM MCf0M2%12.?M COW MM K roe Page 105 I - i Revised Section 17 The ltrleet ( 4. Large-Lot Street The large lot (10,000 SF or more) street allows on-street parking on uolh sides with the travel lane In the middle (Figure 17,5). Use of pervious materials for prlvatecar storage and shared driveways Is favorable. s similar to current residential street section • No alleys • Access from shared driveways • Parking allowed both sides of the street S. RurallSuburban Street On the oulshirts of the city's urbanlzing area, this street section will be used for properties subdivided Into one arse or more. This section will remain the same with 24 feet of pavement and borrow ditches along either side of the pavement. 8, Courtyard Street The courtyard street Is designed for use with either small or large-lot development (Figure 17.8). The courtyard street block length Is no morn than 150 feet to facilitate firs service. No lots will have frontage at the ends of Pie courtyard so that clear pedestrian passage and view conldoes can be used to connect to these systems. • One-way street section • Alley used for small lots ( • Ingress & egress from shared driveways at large lots • Supplemental parking required • Access to path system required at courtyard end • No private lot frontage at the end of a courtyard will prevent pedestrian linkage T. Cul-de-sac Use of cul-de-sacs In functional street design reduces the ability for Interconnectivity to nelghborhoods, Isolates lots, allows for only one way of Ingress and egress from a lot and emergency access Is less accessible, New street designs with culde-sacs will be limited in length. An alternative to the cul-de-sac Is the courtyard street. The cul-de-sac is designed for use with large lot development. No lots, will have frontage at the ends of the cul-de-sac so that clear pedestrian passage and vlew corridors can be used to connect to these systems • Access from shared driveways at large lots • Access'rom alleys with use of the residential lane • Supplemental parking required • Access to path system required at cclde-sac end 8. Neighborhood Sidewalks, Landscaping and Visibility , The sidewalk section for all residential cross sections will be 5 feel to allow two parsons to walk together (Figure 17.7). Sidewalks and crosswo-lks will Include alternative paving I h materials such as concrete and pervious paver matorfels to promote that blend Into the neighborhood concept versus the starkness of concrets. The sidewalk section will be placed ( at the rlghtcf-way line to separate pedestrians from ve!,ides and to old In connecting the e rp ae~.~..wcaenrcouorr•~e«sneruruene« un rw saw new N aw Page 108 c. Remised Section 17 The Street { residential structures. The residential sidewalks are expected to cor1nec o o er s ewr ril- systems and tral s, All of the proposed residential sections will provide a minimum 8' landscaped area between the sidewalks and the curb. Street trees will be placed In this area along with other neighborhood specific landscaping to establish the character or theme of that district. Corner clips for residential streets wilt be 15 feet, B. C.QLLECTOR STREETS Collector streets will have multiple functions, all of which are different than residential streets. Collectors have to play a major part In establishing coordinated transportation systems. The collector has to provide equal or better aesthetic features to maintain the character established In the residential areas. Larger comer clips of 25' to 60' will be provided at Intersections to encourage lines of sight, landscaping, and adequate room for utility transltions. The residential collector collects the traffic from residential streets and takes it to minor destinations or to arterial streets. The lane width will be 31 the minimum allowed to promote slower speeds. The collector streets complete tl,e overall system connections of the grid patio rns (Figure 13.1) defined In the residential streets. The shorter block lengths and features such as traffic rJrcles (Figure 17.8) will reduce speeds to encourage the feeling of safe Interactions between the modes of transportation. Traffic calming design techniques will be used on the residential collectors, Access management techniques like shared access, driveway separation, and comer clearances to mavlmlxe street capacity while Improving the aesthetic characteristics. Right-of-way for the residential collectors will provide adequate lines of sight and promote vertical sight clearanoe levels for landscaping. Special right-of-way flares are encouraged to create special design features (Figure 17.0) such as seating areas, landscaping features, or public art slonJ the linear sections. The urban village concept moves residential, retail, and commercial structures to a determined line offset from the street right-of•way edge which becomes the bulld•lo lire requirement (Figure 17,10}. 1. Commercial Alloy I The commercial Oey section (Figure 17.11) will' be used to promote better view lines, servicing, parking access and to separate the truck traffic from the mlxed•use customers. The alley also serves as additional fire access around the ommercial structures. 2. Residential Avenue The residentlal avenue will provkle for an outside lane on each side for parking use and two travel lanes In the middle (Figure 17.12). No eingle family access will occur along this collector street. Driveway access will be to the rear a" the residential alley where r attached housing or other uses occur along this street. 1 ' l • Parking both sides of the street • No single family front or rear yard frontages • Access from the rear at the alley CAME OaewbA/fIEMCWf•lE~[MlNE ►IAN IMMMul1 01 COMP" 'A lx Page 107 Rsvl8®d SOCUM 17 live 31bli 3, MainStreetlMlxed-UseCollector The main streeVmlxed-use collector Wil have standard lane widths to promote the flow of traffic (Figure 17.13), Access n Management regulations will apply to improve capacity and sight lines. Parking on both sides Single family residential lots front and rear yard frontages not allowed Access from the rear at the aiey 4. Comm*rclat I Mixed Use Center Collector Commercial/Mixed Use Center Collectors (Figure 17.14) will be provided In commerciaVmixed use centers to provide Increased capacity, trucks, and the Interaacion of all transportation modes. These roadways will provide for four standard-slze lanes with no parking allowed st Intersections with arterials. The right-of-way should be expanded to provide adequate space for right-turn lanes on and off the arterial. Alloys will be utilized for servicing, parking access, and to separate truck traffic from the typical user, e 2 travel lanes with parking or 4 lanes with no parking allowed e Single family residential lots front and rear yard frontages not allowed e ingress and egress from the rear at the alley S. Miscellaneous Collector Issues Sidewalks will be 8' feet wide, placed on both sides to create class 11 paths the! would blend pedestrians and bicycle Ireffic (Figure 1715), Since one of the functions of the class II paths Is to carry bicycle traffic, the main surface of the walk should be concrete. Concrete pavers or other like surface materials may be used when oomroerctaVmixed use structures abut the right-of-way line in nelphborhood or commercial mixed-use centers. Pavers, other similar paving materials, and those with rough textures that cause tire vibration wilt be used to enhance the aesthetic features at Intersections, areas of Interest, speclal nodos and corridors, at crosswalk., at parks, and transit areas, to alert the driver that the vehicle Is In an Intersection and waming drivers to slow their vehicles (Figure 17.18), Transit-oriented design will be incorporated Into the overall design of collectors, Transit- oriented design (TOO) features will be considered essential for high-density attached housing, rnixed•use, and commercial or employment activity centers (Figure 17,17). Collector streets will also Integrate a reserved planting area to provide opportunities for landscaping and greenery for district themes. C. ARTERIALS Arterials are classified Into primary (major) and secondary, Arterials are designed to carry traffic ' across a district of town (secondary) or to provide major north-south or east-west routes across A the city (major) All arterial streets should be divided with a rnedfsn. (Figure 17,18) No parking allowed -,l Reserved planting in ills median and along both sides of paved lanes - crw,oe WeirIPCO ADIENutrunucnaV+.I"=W"hex Page 108 f Reused 3eCHM 17 The Stnwt • Limited ingress a egress through shared dr vas and connecting streets • Off-street parking to side or rear of etnuctures • No residential front or fear yards adjacent to arterials • Bike lanes required • Transit nodes and bus queue Jumpers • Special features 1. Arterial Lanes & Access Management Primary arterials will have six lanes and secondary will have 4 lanes. The lanes shall be standard width except the outside lane on each side will provide an integrated blke lane. The design of the Intersection will blend the various nodes so that transfers and Interactions occur safely and Oiclentiy. Access management tools will serve to direct the traffic at collector oonncctions with arterials and some minimized shared drfveway connections, D. RETROFIT AND RECONSTRUCTION When Improvement s, repair, or reconstruction of streets are planned, every effort will be made to reduce these amount of pavement, use traffic calming devices to slow traffic, update sidewalks or build new ones, and furnish landscaping where applicable. Sidewalks and planting areas may be established In the Interim taking Into account future plans that Include such features. rrattic calminl devices in the Interim may be used to reduce traffic speeds with techniques such as reduced travel lane shipping or marking, and rough pavement texture Insets at Intersections and along tho street Use of new street standards Is Implicit where redevelopment, retrofit of existing neighborhoods, or reconstruction oo-un and it will not have nn adverse Impact on an ( existing neighborhood or historically sensitive area. H/1 Ufflitles in the Street and Alley All utility systems will be designed with the original subdivision so that they can be constructed prior to placing the paving course on the street or alley. f A. NEIGHBORHOOD $TREEIS New neighborhoods with alleys allow the design of wet utilities under the street and dry utilities under the alley. Utilities are not to be placed In the reserved landscape or planting area. Ali ff utilities, other than transmission and feeder lines, will be underground. Standards will be developed that bate all utilities in a manner that coordinates design, Installation and rnsre.4 I construction of a deveiopmemt. I 1. Wet Utilities Sewer lines may be placed at the oentedine of the street with water lines on one side and storm sewers on the other side depending on slia-speoc a,nditlons. Encourage the piacertx,nl of water on the north and seat sides where possible. Gas would be placed under A - !he sidewalk on the north or east side. 1 C My Dmrtr^YMCtlIMCOWVM PV0M KM •tC110Nl,IV A WIN PLAN H he Page 109 C , Revised Rec'"a 17 The ~d+eet I 2. Dry UUfrtT*-s Electric, telephone, cable N, fiber optics, and other simper utilises may be placed In a duct system where some reserves are made for future expansions by new companies or mworkslupgrddes by existing companies. Service connections may be consolidated except i In extreme circumstances or where there are an odd number of structures being served. This may requires use of joint trenches and placing lines within a set prescribed area Instead of the continuous separation across the entire lot. This Is particularly critical for small-lot, attached housing clustered, and compact developments. Street lights will be coordinated with all other ul dues and constriction. 3. Speclal Lol Conditlons Large-lot districts and neighborhoods will have all utilities in tine front right-of-way The wet utilities will be placed like the small lot blocks and neighborhoods. The dry utilities will be placed In a dud tank (with expansion room) under the sidewalk opposhe the gas line. Service lines will be consolidated as much as possible to maximize the area for undisturbed landscaping and aesthetic Improvements, All utilities, other than transmission and feeder lines, will be underground. B. COMMERCIAL i MIXED USE CENTER COLLECTOR Utilises In the Collector Street right-of-way Wit be placed as described In the large lot district or neighborhood of residential streets. Utilities are not to be placed In the landscape or planting area. All utilities, other than transmission and feeder lines, will be underground. C. ARTERIAI.A k Many arlerials will have to provide adequate room for transmission or feeder lines. A specific location will be provided for these on major and secondary arterials. The right-of-way will contain the landscape reserve and sidewalk reserve on each side and additional landscape reserve wlthln the median. The variable w0th will be based on the need for turn lanes and for placement of utility transmission lines. UPINies are not to be placed In the fandscape reserve area. All utilities, other than transmission and feeder fines, will be underground, D. SHARED DUCT RANKS Developers will be responsible for working with all utility oompanies providing service to the neighborhood In order to address technical Issues for shared dry utility dud banks. Specific routings, termination points, and methods must be Identified to accommodate utilities. Dud banks will provide a minimum of four reserved ducts for future expansion, upgrades, or replaoement and will be provided by the developer. IV, Street Aesthetics The "Street" Is more than just a pisoe to move people and stow utilities. As the most Intensively used public space in the urban landscape, the street should also be recognized as a social J~ J.!- space, a thread that can knit together neighborhoods, Institutions and business, It's design and appearance should reflect the Importance of this sps:e and the desired Image of the community, Elements of this aesthetic Image Include street frees and other plants, colors end textures used on paved surfaces, lighting, signage, public art, and site fumiure. These e u~a~~r uuacneta. u ~wNS eteww ra cao n wv. e"e Pagb 110 jl c• Rleyised SOCUOM 17 The Street e emen scan woven toga r o creata a comfortable an pleasing spa oe ro people in vehicles, on bicycles, on skates, on foot or in strollers, and tthhandicapped may travel. A. MATERIALS Require the use of alternative paving materials, Including the use of different textures, pattems, colors and permeability, to delineate pedestrian and bicycle paths, crosswalks, transit stops, other non-vehlcle spaces, and at major intersections (Figure 17.22 6 23). 0. IL GHTINQ Adopt standards for street and security lighting that are consistent with urban design, environmental, public safety and tranait objectives (Figure 17.24). C. SIGNAGE Design and adopt directional and Informational slgnage schemes that ere effective, attractive and reinforce a desirable Image for the city (Figure 17.25). D. LANDSCAPE DESIGN Adopt landscape design standards that achieve urban design objectives, while allowing for variation In style and design along different corridors, nodes and gateways and on adjacent private property (Figure 17.28). E. FURNITURE Use site furniture (benches, planter seating, trash containers, drinking fountains, and other features) to create gathering places for pedestrians within the street right-or-way (Figures 17.27, 28, 29, 6 30). F. TRANSIT Adopt design standards for transit stops and bus shelters that are consistent with urban design objectives (Figure 17.316 32). i 0. INFORMATION SYSTEMS Use information kiosks at s'rategicfocal points and gathering pieces along the street to communicate community news and events (Figure 17.33). H. PUBLIC PARKING Apply adopted de4n standards for paving, lighting, slgnage, and landscaping to public parking spaces. A, c'. I C ant C x "6 WC Freoowll,I.4NS" KM uenas,aaN oar ftM'A M Page 1 I 1 Jl I (J G V ' Revised Section 17 The titr+OeE Adopt standards to guide placement of art In public places, such as landmarks, view corridors, { pockets, traffic circles and other locations of prominent stature (Figure 17.34). J. URBAN DE310N Use the urban design criteria to create relationships between the street and the structures bulk adjacent to the right-of-way One that exempilfy quality design and sustatnabq@y (Figure 17.35}. E i C c+ho~~.ruce~nwcarMeKwuKrwiImor+r-INe W^MvIdN Papa 112 f' c Revised Section 18 The Edge Introduction The edge addresses the relationships between the developed parts of the city and its undeveloped edges. A period of rapid growth is projected, and significant challenges will be faced regarding Denton's edges during the next 20 years. The city currently holds about 76,000 people, By contrast, areas on the perimeter of Denton will euoommodate 110,000 additional persons by the year 2020. Not all of the areas that will grow are inside the city at this time. A 3- 1/2 mtte extratem'todal jurisdiction, or ETJ, extends outward from the city limits, which can be annexed and made part of the city if municipal services are made available to the annexed properties. Another boundary hat Is important at the city's edges is the CON, or certificate of convenience and necessity, Is an area certified by the Texas Natural Resources Conservation Commission (TNRCC) for water, wastewater, or other utility services. The city water and wastewater CCN's grant exclusive authority to provide these services within specific boundaries. Many cities grow from the center outward, through annexation, by extending utilities and services Incrementally from existing points of service. As a member of the Dallas Fort Worth metroplex region, extending water and sewer lines Is very expensive and a "leapfrog-effect" occurs when thousands of acres of undeveloped lonJ are bypassed. Police and fire protection, solid waste collection, and other services likewise experience stress when urban sprawi" occurs. Should the City of Denton decline requests to provide services to properties within he ETJ, particularly for water and wastewater services, other providers such as Municipal Utility Districts could serve ETJ areas In plaoe of city government, Development would then be exempt from zoning and building code requirements, creating an environment of uncertain density, land use patterns, and unmanaged growth. As a member of the Dallas Fort Worth metroptex, Denton must also consider the impact of edge development on neighboring municipalities. Several interlocat agreements have been made with other cities such as Argyle, Corinth, and Shady Shores, and help to define boundaries between municipalities to the benefit of property owners near city borders. When Denton's population surpasses 1 D0,000, the ETJ will extend b miles from city borders. This would raise Denton's ETJ from 165 square miles to 197 square miles, State annexation statutes will be reflected in any annexation plans for the city. 11. Policies Proactive planning is considered the proferable approach, end proper edge planning Is Important to define a growth management strategy that will benefit the most people, Proactive planning requires preparation and an investment of resources In anticipation of growth. Pubic Involvemont is critical to plan success. Anticipation of potential adverse impede of unmanaged growth Is a key objective. The less preferable alternative is to read to growth and its impacts as A, they happen. Adverse Impacts are typically more expensive to fix than to prevent. Proactive f l 4 planning Is staying a 'step ahead" of growth; reactions to growth are always a step behind. The { edge policies are ir!~nded to keep Denton a slop ahead. echo ++acec+Keara NS*trumteermt,12t46 earnwNOw Page 113 I c ' Revised Swam 78 The Edge anionshould endeavor o set {nits un a es that -m-are sense, ra r one o ng annexations to set arbitrary ETJ edges. ETJ edge areas that are fvolatnd or pose acoessibility i problems should be carefully evaluated to determine If Pan'-- r s ; ocur on a cost effective basis. Political subdMslons adjacent to r',. %,odnth, are obvious hard edges to Denton's Jurisdiction, Geographic boundaries can also be used advantageously - water bodies such as Lewisville Lake and Lake Ray Roberts represent natural barriers that define Denton'a current edges. Watershed delineation is another method useful to determine the feasibility of jurisdiction extensions, because watersheds define directional gravity flow for sewerage and drainage systems to a common point, and water quality objectives can be addressed within individual basins. The Hickory Creek watershed (lo the west) and Clear Creek watershed (to the north) represent two edge basins that may help to define Jurisdiction expansion objectives. Proactive planning should be utilized to perform cost-benefit analyses whenever edge expansions are considered. A. Essential services provided by government must be maintained at the highest levels of quality possible. City services Intended to protect and preserve public health and safety must be provided to all existing and future Denton stakeholders. S. The growth management strategy should support the coordination of public services with private development. Development patterns that make the most efficient use of public services and Infrastructure should be promoted. The true Impact of private development { should be accurately Identified and assessed in proportion to public coats and benefits. C. The community should establish development rules that are clearly stated, administered efficiently, and enforced consistently. If development is proposed that does not satisfy all the rules, it should not be allowed. t D. Land uses should be balanced to maintain a diverse economy and a well-proportioned tax base. The city will provide opportunities for the development of a full array of land uses within the city. E. Areas of the city susceptible to environmental damage, or where Infrastructure systems are stressed, or where development would contradict city planning objectives -hould be ` Identified and protected. 4 F. Zoning should be used as originally Intended, to address extreme Incompatibilities between land uses. Zoning should be used to Identify performance standards that allow land uses in defined districts based on their ability to mitigate potential negative impacts on neighboring properties. A reexamination of tho use of zoning as a planning tool should be conducted to reflect community values successfully. G. Development guidelines should be established to allow a wider range of land uses k coexist within close proximity to each other. Site design principles, aesthetic guidelines, and construction standards should be Investigaled as possible tools to promote land use compatibllity and enoourogr, developments) diversity. H. The location, placement, and design of public facilities such as parks, schools, fire stations, libraries, or human services facilities should be used to create nak;hborhood activity centers. C wr Dew.**WAr+MCamu'eMSV1 KM reena r; ~.rn rave Pwi yr IA Page 114 I: III ~ I I~ i II Revised Section IS The Efte Coordination o planning efforts een diflareiril un s o ca government should be rnrouraged to save money and yield greater benefits to residents. Residential development fhal establishes a variety of lot sizes, dwelling types, and housing prices should be I encouraged. J. Tho city should be designed to accommodate people rather than automobiles. As growth occurs, a variety of mobility systems should be given space to connect people to destinations that are Important to daily functions. Transit, bicycle, and pedestrian linkages should be planned and implemented to serve daily transportation needs safely and conveniently. K. Denton's ability to grovr and expand should be identified In the city s annexation ; lrategy. City limits and ex',ratP;ritodaljudsdiction (ETJ) boundaries should be clearly established, and relationships with other jurisdictions should be determined through interlocal agreements. The annexation strategy should also reflect the costs of service provision and external environmental impacts associated with land located in the ETJ. L. Der;on will endeavor to protect the integrity of neighboring communities where development in Denton occurs adjacent to those communities. iii. Strategies A. The city will prepare an annexation plan, In accordance with state legislation and with a minimum 3-year time horizon, to coordinate the availability of municipal services with areas likely to experience development pressure at urban densities. The city annexation plan will be considered a master plan that requires ooordinallon with other master plans that address water, wastewater, drainage, transportation, parks, libraries, capital Improvements programs and other improvements. B. The city will not encourage development at the edges of its ETJ, in recognition of the higher costs of "leapfrog" development and haphazard urban sprawh An estimated 60 percent of the land area within the city remains undeveloped, and services are for the most part reasonably available to vacant land inside Denton, Incentives encouraging infill development wilt be Implemented, particularly within existing city limits. C, The city will proactively annex land within Its southern ETJ and other urbanizing areas that become attractive for urban development due to availability of municipal utilities, and due to location within close proximity to areas ! eing subdivided and developed. Proper management of development in the urbanizing areas depends upon annexation and application of zoning regulations that support the recommended land use plan. Pending anticipated changes in slate law regarding municipal annexation authority and the vested rights statute, the city annexation plan will Identify areas that should be annexed, by priority, to ensure that zoning regulations wail govern proposed subdivision plats and subsequent ' a development. D. The city will work with adjacent municipalities to determine shared boundaries, and will execute Interlocel agreements based upon mutual agreement that will benefit effected property owners, The municipalities along the western edge of the ETJ - Northtake, Ponder, a w~ooa~w~r+ceentca~ruwrMSVivwi111Aenan"440c rvuware Page 115 Gr u c. Revised Section 1S The Edge a Sanger - will be approached determine jurisdictional boundaries can e through the negotiation of intertocal agreements. E. The ETJ area that extends south from Hickory Hill Road, toward Bartonville and Copper Canyon, will not be annexed by the cidttyy. The city will provide wastewater servloss in this area, and MI relinquish Its ETJ authority to other interested municipalities that are prepared to provide full services required by state annexation law. Hickory Hill Road will be considered the southernmost boundary of ETJ that will be eventually considered for annexation. F. The ETJ area that extends east from Hkkory Hill Road, toward Lewisville Lake between Highland Village and Corinth, will not be relinquished by the city unless al water quality concerns are addressed with respect to Demon's raw water supply, storrnwater nuallty, and other environmental objectives. This area Is not likely to be annexed due to the ,extent of floodpiain land under the jurisdiction of the U.S. Army Corps of Engineers. O. The extent of westward ETJ expansion will be analyzed in the upcoming city annexation plan. Consideration will be given to the environmental managenwil objectives being formulated for the Hickory Creek watershed, and the feasibility of extending ETJ jurisdiction Into other watersheds. Additional research will be devoted to the policy choices involved In extending ETJ boundaries to the west side of Krum, Justin, Northlake, and Fort Worth, where acoass to ETJ areas will prove dNfiouX H. The northern edge of Denton ETJ will be determined through examinstion of the extent of the Clear Creek watershed, the jurisdiction govemed by Sanger, and the Impact of Highway 1.35N. Lake Ray Roberts is a sign Nice nt resource and go"raphlo barrier to the northeast { 1 The Lake Ray Roberts district plan will contain analyses as needed to prepare edge recommendations In the northeast comer of the otly's ETJ. k r a +h n.a Wrwarnnoo~rwcre nna K w ucno a~~a rNea~ ww N,M Pegs lie t MINION r, Revised Section 19 Schools Introduction Whenever values are discussed within a community, the quality of education is consistently i mentioned es a pdorily of the residents, The City of Denton is fortunate to be served by severat comprehensive and innovative independent school districts. The school districts are challenged with continuing their level of servtoe to area students In a climate of population growth and Increasing responsibility mandated by the State of Texas. Recent residential development activity within the City of Denton planning area has been located primarily within the Argyle and Denton Independent School Districts. These two districts contain almost all of the urbanizing areas and are expected to experience most of the projected residential growth over the next several years. As development continues to move from the southern portion of the planning area to the north, the remaining districts are also expected to receive a share of this significant residential activity, IL Needs Assessment The estimated addition of 35,888 single family and 18,430 multi-family dwelling units over the next 20 years will have a slgniricant Impact on the districts located within the study area. This residential development Is projected to add another 28,800 students to area schools-15,300 elementary, 8,500 middia, and 7,000 high school students. The urbanizing sub-areas are expected to generate 85 percent of the projected student growth, a total of 24,500 school-age children -13,000 elementary, 5,800 middle, and 8,000 high school students. . ~ i School Slting Guldellnos i The estabiishment Of school siting guidelines will help ensure that future elementary and secondary campuses are located, designed, and built In the most efficient manner possible. They will also enable the city to work more closely with all No school districts for the reservation and acquisition of adequate school sites and the Integration of future schools with other city services, such as transit systems and parks facilities. Requirements for each rchool site will vary by the Intended use and physical characteristics of the property being am yzed. The specifiealions outlined here are intended && general guidelines for the Identification, evaluation, and acquisition of appropriate school property. Siting guidelines rr,ay be expressed in three categorles - physical characleristlos, service area, and locationat cr,teda. A. A. PHYSICAL CHARACTERISTiQ ! The following are general guidelines to develop schools in Donlon, Each school district has it's own standards for development. C w, Do W4ft#X1MMOWRtHEM5 a run erCr9MM1i-r4o COW" W fte Pogo 111? c i Revised Simew 19 Schoti Acres- The types of proposed schools and their planned capacities will determine minimum acreage requirements. Table 19.1 School Acrea a Ouldefines by_Type of Facllily Type Facility Required Ideal Site Addidonal Issues Acreage Elementary 12 to 17 acres 15 acres Must aooommodate separate parent and bus/servfce traffic. Middle 25 to 35 acres 30 acres High 45 to 55 scree 60 acres Must accommodate off-street tral is dreulation and parking. 2. Topography School sites should not have any slope less than 2 percent nor greater than 10 percent. Furthermore, the grade should not exceed 5 percent at all building and paving areas. Drainage and Ensomente Preferred sites should be primarily free from flood plain and drainage areas. Outdoor play areas may be located within flood plain areas pending dly approval of site plane; however, all permanent structures will be located well outside flood plain areas. i The interiors of proposed sites should be clear of easements. Willy easements may be j located along the perimeter of a site. B, SERVICEAREA Service areas vary by the type of educational facility and the density of the residential area served, Service area guidelines help ensure an equitable distribution of school facilities throughout the planning area. Table 19.2 Service Area Guidelines Type Maximum ax mum eximum Faclli Service Area Walking Distance Commute Time* Elements 4.0-mile radius 2 miles 30 min,Ass Middle 8.6-mere fus 2 m ss 45 mGiutes -m a ra ue m ee m so The max mum time a st should spa on a 01M icTO s, C. LOCATIONAL CRITERIA Educational facilities should be located appropriately according to their Intended uses and anticipated Impacts on adjacent property, Elementary, middle, and high schools each serve significantly different populations and provide significantly different services and should be located accordingly, ~'M70owweMKaFnMOMPREI~N6M MN 8104011.?* cowl IAN N/ot pogo 1111 l S Revised Section 19 Sdxxgs amen ry coos 1 i a. Nelohborhood Schools Elementary schools are Intended as neighborhood-oriented facilities and should be closely tied and Immediately adjacent to the residential areas they serve. Every effort should be made to Incorporate them with neighborhood facilities such as neighborhood parks and Community centers. b. Land Use Relationahitg 1) Elementary schools should be immediately abutting and/or within residential developments. 2) Primary access to each elementary site should be from a residential collector. 3) Bus service access should be separated from primary access - preferably from a secondary silo access (i.e. side street). 2. Middle Schools a. Communlty School. Middle schools are intended as Communlty-oriented facilities alnos they are Intended to serve several neighborhood areas. thiddle school eites also contain outdoor facilities - tracks, football/soccer Wds, baseball diamonds, and tennis courts - that may be Incompatible with lower density residential land uses. b. Land Ilse RelatlonshID 1) Adequate buffers are recommended between immediately adjacent single-family land uses, Appropriate buffers include parkland, green belts, streets, etc. 2) Primary access to each middle school should be from a residential or commercial collector. 3) Adequate separation Is recommended between primary and secondary access - preferably from a secondary site access (i.e. side street). I 3. High Schools I a. BeatonalSchool f I High schools are located centrally to a region of the district in which they are located. They should be Inoorporsted with community or regional facilities like community parks, regional parks, or university facilities. b. Land Use Relalionehl 1) Duey to noise, traffic, odor, light, and other similar Impacts, high schonis ere typically considered less compatible with single-family lard uses. 2) High schools should be generally located at the fringe of commercial centers with direct connectivity to the residential areas they serve, via the thoroughfare network, transit connections, and/or bicycle/pedestrian systems. 3) Primary access should be from commercial oolleclors, 4) Adequate spacing should be provided between primary and secondary access - preferably from a secondary site access (i.e. side street), I ~I i cw,beev ftVCeMea MHENVArwucra14a+ff41oarIIfN%ks Page 1to i. c Revised Section 19 SdKK" IV. Policies I A. The city should strive to facility to the establishment and growth of high-quafhy public school systems. B, Inte rgovem mental coordination should be facilitated to the maximum extent possible, regardless of jurisdiction or service responsibilities. Efforts should be made to share resources whenever possible, and redu idancies or duplication of effort should be eliminated. C. Local government projec;v should comply with the same regulations that are Imposed on private development within the wmmunhy. Every effort should be made to ensure compliance on the part of city, school district, and county projects. D. The impact of residential development on school district facilities shell be evaluated to measure anticipated student enrollment impact; to facilitate the reservation and donation of adequate sites for future educational facilities; and to Integrate school sties with other public facilities Including, but not limited to, neighborhood parks, pedestdan/bicycle systems, and transit systems. Municipal development decisions should consider the adequacy of school facilities as an important criterion durtng the evaluation of Infrastructure capacity, Y` Goals & Strategies A. ADEQUATE SPHQOL FACILITIES t 1, Goal Adequate school facilities should be planned and constructed 1o accommodate anticipated student growth. 2. Strategies a. The city should share development proposal Information at the earliest possible stage to allow school districts to facilitate school district-developer contact and allow time for discussion and mitigation of school Impacts, and develop a process to expedite Impibmantalion of this strategy. School dtstrlots may provide their specific standards at the time of development proposals. b. The city and the school districts will mutually analyze student Impacts of proposed residential developments at the pro-design, zoning, and plat phases. Assess and determine the adequacy of sci,cwis as an Important Infrastructure component necessary to serve a proposed development. Develop a consistent approach to evaluate the Impact of proposed development, c. Encourage developers to donate end reserve adequate school sties. A d. Partner with school districts to support state legislation that would allocate adequate funding for mandated programs, tw,o~ev.a~eea»eeowneawsr KMUCrawmrrMCOMP "V1d. Page 120 I { Revised Section 19 Schools ( e. Promote G onom C fivers Ica NM in the form 0 oommerc 8 an n U9 8 ax ese to Increase available funding for future school facilities. B. LAND USE COMPATIBILITY 1. Goal A network of educational facilities should be developed that provides the greatest benefit to the residential areas they serve. 2. Strategies a. Coordinate with school districts to site future schools In areas that are best equipped to accommodate residential growth. b. Work with school districts to design school site access plena that mitigate negative traffic Impacts. Drvelop typical site designs to help ensure consistency of design and compatibility with adjacent neighborhoods. c. Create connecclvity between schools and immediately adjacent residential areas. Elements to achieve include: • Comfortable pedestrian and landscape systems, • Reliable and efficient bus systems, and • Integrated school and parksrrecrealion facilities. d. Meet architectural and urban design criteria set by the city. C. ADEQUATE SCHOOL INFRASTRUCTURE 1. Goal Properly limed transportation, utility, and parks Infrastructure improvements should be planned and Integrated to serve school facilities adequately. 2. Strategies a. Develop a school she selection, assessment, and acquisition system that allows school districts to protect confidential acquisition plans, shows assessment of Impacts on city Infrastructure prior to acquisition, enhances the city's and school districts' ability to coordinate capital Improvements, and facilitates the pursuit of en early site acquisition program. An intertocal agreement should be considered to Identify the terms under which confidential information will be shared. b. Coordinate city capital improvements programs with school district bond programs to coordinate the provision of adequate Infrastructure to serve an school ekes. Elements to achieve include: • Street Improvements immediately adjacent to and within close proximity to each school she; r' a Sidewalk construction and rehabhhatlon immediately adjacent to and within close proximity to each school site; • Water and wastewater line upgrades and extensions to each school she, 1, • Electric line upgrades and extensions to each school site; and, C ry DWV1** cA[W4)MPNENfhM PUN HIMON(nIVA COMP NINVI ON page 121 J i ftrd ed Section 19 Sd10Q~= • ere possible, the sve oprnant o pa s a rwes n a s at are } LMegraled with an existing or future school she. c. Assist school distdcle with the evaluation of future school locations that conform with and take fu0 advantage of the city s long-range parks, transportation, and w(hy master plans. D. CITY-SCHOOL. DISTktCT gELITION$fdl $ i. Goal Engage In collaborative projects with the various school districts to maximize public funds and the functionality of public places. 2. Strategies a. Coordinate city capital Improvement programs and district bond packages for the: i Joint purchase and soqulshion of pubftdy held land that may be used for chy and school district uses; and, • Development of oollaborstW projects like public libraries, pools, playgrounds, athletic fadlhles, and education centers. b. Maxlmlze the use of existing city and school district fsdlltfss for multiple uses - I.e. after school action sites, community education programs. r t l ' r~ i a r, o.•, w~waEnkaaawant ft m bcna+h,arN Car"Am paps 122 t Revised Section 20 Maintenance r& i ( Etd~roe~nent 1. Introduction The Image of a communhy-its viability as a place to live, work and prosper-Is to a great extent determined by the condition and appearance o1 both pubt~ and pr veto properties and structu es. The degree of care applied to public and private buildings, roads, sidewalks, parks, utilities, trees, landscaping, signage and other urban features reflect directly the ,,felon and values Denton's residents hold for their city. Il, Policies A. Ali paved surfaces, Imiuding streets, alleys, parking spaces, ramps, and sidewalks within the public right-of-way In sooordanue with adopted standards. B. All slgrtage, lighting, she furniture and transit-rotated Improvements within the public right-of- way In accordance with adopted s!., rdords, C. The city will adopt malnlenanoe standards for public and private facilities that enhance and support Denton's image and appearance. D. Provide a level of enforcement that ensures the standards are applied uniformly to all areas and structures in the city and that ensures the standards are not used as an Instrument for llll,, harassment of any person. Goals and Strategies i ` A. PUBLIC ASSET$ 1, 0061 11 Maximize the service life and performance of paved surfaces by maintaining them In accordance with adopted standards and practices. Maximize the life and protect the Investment value of trees and other landscape placed In the public rtght-ofwsy, 2, strategies a. Develop and Implement alternative funding strategies In order to defray maintenance costs. b. Adopt and Implement pavement design and msterfals specifications that most cost and performance objectives. j i e*DWi*6&Ke1n4ca RrwOrnaraw11c" II-lao"PWINa Page 123 n Revised Section 20 Maintenance $ Fnforcie'nmd c. Ensure a pave surfaces are consirucieLi to mee y • ar s y mp men rig strict quality control measures. d. Adopt maintenance schedules and budgets to achieve performance specifications and desired design life cycles. e. Adopt and Implement landscape design and materials specifications, Including tree species and Irrigation systems, that meet urban design, performance and life cycle objectives. f. Implement landscape system instafiatlon and maintenance requirements to ensure that city standards Is soNeved, g. Adopt maintenance schedules and budgets to achieve performance and life cycle objectives in the most cost-effective way possible. 1 S. INSPECTION AND ENFORCEMENT j 1. Goals Promote community pride and economic values while curtailing the expansion of urban blight. Establish measurable goals based on identified community needs. Pursue violations actively rather than reactively. Remember that compliance Is the primary objective while penalties andlor punishment are secondary. Routinely assess results for effectiveness by determining whether regulations are understandable and readily enforceable. Educate the community of ordinances to prevent future violations. 2. Slrategles j a. Ensure that all property fences are maintained In sound condition and good repair at all tides, b, Sidewalkis and driveways on private property should be mainlained to be safe, free of holes, and significant breaks cracks or changes In grade. c. Inspect all off-street parking areas to ensure that they are maintained in good repair to be free of holes, slgniflcant breaks or changes In grade, d. On private structures, the city should ensures that every foundation, exterior well, roof, window and all exterior surfaces are maintained In good repair and melntain the structural Intogrity as exhibited at the time of original oonslruct;on or comply with current standards, whichever is least restricthre. Repairs on private structures should be made with materials of like kind as the original oonstruction or better, r e, initiate a program to Inspect all apartment complexes on a yearly basis. A , I. Evaluate enforcement Issues during the drafting of ordinances arycow,.rr~cnrrocaMrwewuvEnw~ecnamrra«oawnwASr Pape 124 c t Revised SOCUM 20 MMM"M t& ~ Eriibresme~rt g. ve ua e s ava a en oramen o ns a to rew en men cases effecthroly. i~ h. In an effort to remove visual blight end public nalsonoes throughout the CNy of Denton, speolflo areas WU be targeted. The targeting of these areas will be Nmned to on Increase In officers assigned to the area due to the number of vlolstlons. Additional target areas may be added, as determined by the city and based on the needs of the community. i, In order to educate the community of code violations, each year officers will provide property owners and tenants with a brochure of the mod common violations. This will orovide the community with proactive enforcement versus reactive. t 11~ ` 1 l City tksnrYYpM400AMNirMIN11UN ledtldN 4440 0 N RNf N w Pepe 123 i r: I Revised Section 21 PUNIC Involvement Introductlon Public involvement is a cyclical process that Includes throe primary forms of communication - notification (we tell you about h), education (we explain the options to you), and participation (you tell us what you think about It). Cities have traditionally shown a tendency to concentrate efforts on notification and participation. As is true in many areas of speclalization, city planning ; and development Issues have become increasingly complex. Educslion has recently been I recognized as a very Important process If citizens are to be empowered to make wail-informed comments and decisions. Determining the appropriate level of public Involvement for different planning processes Is not always easy. State law requires the city to post meeting agendas, notify adjacent property owners, and hold public hearings to hear public comments before decisions are made. A legalistic view of public Involvement is often too narrow to Involve those affected by planning decisions. Local procedures that extend beyond the minimums set by state law need to be considered to meet citizen expectations. I For example, the city recently improved the process of notification for zoning-related public hearings. The law requires notification for zone changes and other similar matters to property owners within 200 feet of the subject property. The city has gone beyond this by notifying residents outside the required area as a courtesy and by posting signs on the property in question. This was done after evaluations of the benefits of Improving the notification were In { line with the cost of providing the notice. Other opportunities to improve public notification, education, and participation should be explored and developed. Il. f Polkles A. City of Denton stakeholders should be Invited to participate In all stages of city planning processes. City, staff will develop procedures that actively engage stakeholders In city planning, This approach should extend beyond planning Into design and project-specific 1 activities, Charettes, which are used to Involve groups of people in project design, and demonstration projects should be considered to obtain citizen Input before major proje are Implemented or to Introduce Innovative design concepts, P. Public Involvement should serve the planning process as an educational tool. The comprehensive plan is of only limited value ff members of the community don't understand what it means. Development concepts can be highly technical and complex, and plan should explain unusual concepts that may not be easily understood. C. The city'ahould rind out which types of media will engage as many stakeholders in the planning process as possible. Television, newspapers, newsletters, meelings, speaking 1 r engagements, publications, resource centers, and other options should be used as appropriate to communicate with as many stakeholders as possible. D. The city must coordinate these efforts to avoid communication over-saturation. C" Daan.Ml,WJF1lKp P1WhVAwvi SIMNO IS rMWWh Mw ice page 126 RrAsed Section 21 Public lIIMVi611'm i Goals and Strategies A GOALg ! Public participation In planning Involves people who are not professional planners or govemmenl officials. These citizens and other stakeholders review, discuss, debate, and Influence the development of public plans, regulations, and development projects. Citizens In Denton do take part in planning and decision-making. They have consistently shown interest in many community Issues, Public Involvement brings In Individuals, Interest groups, organizations, government agencies, and corporations. Citizens are Invited to take part in planning for several reasons: Democratic government guarantees clUens the right to have a strong voice In all matters of public potioy. • Citizens often provide needed Information to develop, maintain, and carry out effective public policies. Local officials need comments and Ideas from those who will be directly affected by proposed policies. Citizen involvement educates the public about governmental Issues. It creates an Informed community which, In turn, leads to better decision-making. e Gluing citizens a sense of empowerment and ownership In the development of policies, plans, and projects create a higher level of public participation and consensus in making { government decisions. 41 Citizen Involvement Is an Important means of enforcing our land-use laws. Having t citizens Informed about laws that affect them and acknowledging their right of access to governmental processes ensures that the laws ere applied property. B. STRATEGIES 1. Planning The beet way to have strong citizen Involvement is to have strong planning for citizen involvement. A successful public pe tlclpatlon procedure must be carefully designed and managed. a. Manage public Involvement as a major element of ptanning. b. Provide away for the pubtio to take part In each major action and to address Important community Issues in land-use decisions, 1 c. Develop and use formal prooedures to make sure the public Is notftd and involved. d. Provide timely and accurate Information to members of boards and commissions to A Improve the quality of public declalon-making. f r;. r oryNO. 6 wmcowweN5N1K nntnamu.rmcowKMAhe Pape 121 i l t Revised SecUM 21 PubHc.l~tlMalvierntu~tt e. Maintain a registry stakeholders, info-rest groups, a lndMdualswfth expertise or Interests in specific processes or areas. Make sure appropriate information la continually distributed regarding projects, plans and development codes. f. In recognition of the cost of public notification, education, or participation, the city should provide resources (staff and funds) to support new publio involvement processes. g. The city should continue to recruit residents who express interest in serving as board or commission members. It should Improve the process it needed. Such volunteers should oontinus to be recognized for their contribution of time and expertise. 2. Public Notification The most common complaint from citizens about government Is `Nobody told ual" In spite of city efforts, people do not always get the information they want. State law requires some forms of media, but these don't always do a good job of getting the word out to the public. We should add to traditional notice and hearing procedures to let everybody In the community know about Important matters. The following may make the message heard more widely, a. Informsllon should be sent to the people most likely to be affected. This shouldn't be limited to the minimum requirements of state law. b. Notices should be posted Inconspicuous places such as public buildings, community centers, public gathering places, the affected property, or any other location More many people can see them. a Public Information messages should be clear, simply staled, and supported with photos or Illustrations when appropriate. d. Newsletters could be distributed regularly to report on communhy planning Issues, major projects, upcoming meetings, and other matters of public Interest. e. A speakers bureau should be developed, listing city of 1cfals and other well-Informed 1 persons available to speak before service groups, clubs, and school classes, f. Newcomers to the city should learn Immediately about how they can take part In { public city activities. They could be reached by notices placed In high-vlalbility eltes In high-traffic areas. i g. City staff members should work actively to provide news media with Information for the public. 3. Public Education When major planning tasks arlse, the city could create a special task force or advisory committee should be considered Resources should be adequate for the job, Including city staff support. I a+,o w+~wcumra~rne ~nnruvinerawnuairoOWKMwae Page 128 1 21 PUMIC. ~ The following are ways educate the pu a. Briefings or roundtable discussions with key community leaders and stakeholders, b. Summaries of new policies and regulations for the people and groups who participate or testify In development process. Explanations of the findings made by decision-makers to help people understand conclusions. C. Ask schools and teachers to help get students Involved In planning and participation on government. Many very successful curriculum nodules have been developed for use in classrooms of all ages and sizes. d. Develop specific materiels, using a wide variety of media to let citizens know more about planning and development. Use of the pubno-socess cable channel for informational tapes on growth and development Issues. 4. Public Participation A common criticism of govemme it to "You didn't Eaten to our conoeme, Strategiea should be used to get public comments so that we have clear communication and constructive use of the public's ideas. a. Public meetings in neighborhoods should be a requirement before scheduled public hearings for zoning changes. b. The public should be Invited to meet In places that are clean, safe and secure, are handicapped accessible, and have plenty of off-street parking. c. Times of public hearings and neighborhood meetings should be chosen to keep from conflicting with other events as much as possible, d. Telephone surveys, mail surveys, or door-lo-door intervlews should be considered when community views are needed to gauge feelings about signNksnt Issues, e. SpeakerA from interest groups or other agencies should be Invited to make presenlations to the planning staff, public officials, council, boards, oommki"s and y comminslons. }f L Town hall meetings, workshops, charettes, and breinstorming sessions should be considered as alternatives to sudlencs meetings when appropriate. g. Written records of public comments should be made part of the public record, and city staff should indicate # response to each comment, r r' l C'M'S+ti"6W11T(&A"ANVA KM 1100 V14400"PLM NM Pape 1129 I. c Revised SeCUM 22 Implementatlt'~n Introduction This Implementation section Is Intended to guide the city by using toots and projected timefromes to implement sections of the comprehensive plan. The following Includes the means the city will use to track, protect, and implement the plan. The Implementation schedule is set up to reflect the general components of each comprehenslve plan section i with a list of toots first can be used for that framework. Plan Performance A. E C MARKS 3 INDICATORS Benchmarks and Indicators tell us where the oomprehenalve plan Is, has been and what direction it Is taking the city. For example, these Indicators may come from assessments of growth trends, built environments in the recent past, taxing abilities S ratios, and how often the f plan Is amended. Typically, a major assessment of the comprehensive plan will lake place every 5 to r years. Where assessments indicate failures within the plan or changes In direction i from the Adopted comprehensive plan, a potential update of the plan Is foreseen. In an effort to track the comprehensive plan's performance, an annual report will be prepared with updates of all statistical data and recommendations for revisions to the plan if necessary. The recommendations within the plan guide the development of Implementation tools. As these tools are produced, thls will be updated and amended where new Implementation priorities or tools are recommended. S. COMPREHENSIVE P Ah AMENDMENTA The comprehensive plan amendment process is a new loot to track the viability of the comprehensive plan and allow the thy to review potential amendments to the plan, whether the \ amendment Is viable or not. The process is established to protect the plan from misuse, keep l the plan a living document, protect the will of our citizenry, and potentially allow change to the comprehensive plan where the viability of that proposed amendment meets the intent of the plan. The amendment process will be part of the zone change process within the development regulations. An amendment to the comprehensive plan will require a public hearingreview, a recommendation from the Planning A Zoning Commission, and CNy Council approval prior to any none ehangeanlon. In this way, the city can track changes to the oomprehanstve plan and note potential problem areas or areas of the plan that may need to be amended by the ally. The amendment, where approved, would automatically update the land use plan should it be affected by the amendment. Amendments to the comprehensive plan may occur of f predetermined times during a given year, based on a schedule prepared by the director of planning and development Project applications for comprehensive plan amendments that are denied amendments by the City Council may not apply for another amendment to the plan on that project for one year from the date of denlal. a+ti oeMnt»eca~r~rKHe H►sui ueraHnua40 wr runty Pape 130 i J • (r RieVlsOd SOCUM 22 Impl6~lllMt~iit1011 Implementation Nonfromework 6 Tools Section 3: GROWTH MANAMMENT ■ Strongly manageManagement Planning d I M2005 ue o r:ry omen quality of new y Q Map Development development. ehsnstve Plan Utlliues General Fund ■ Protect rea d Corridor Plans Environmental CIP envlronmentatly . Capital Improvement Management Grants sensitive areas. Program Transportation TXDOT Retain quality of Ids d ■ Infrastructure Master Plena Errglnewng Slate & unique character. . Adequate Public Facilities Economlc Federal Funds Policies Development ■ Incentives to Encourage Inflil Parke & 6 Redevelopment Activity Recrestlon ■ Incentives to Accomplish CRY Manager ComprehonsIve Plan Omce Objectives . Zoning Ordinance d Map, Subdivision Regulations, & Site Plan Review Process • Joint Planning d Inter-local Agreements with Other Governmental Agencies an o ro • m •m•n l ■ Strongly manage . Growth Management Planning A 7Fund quantity of growth to Strategy & map Development ensure that adequate ■ Comprehensive Plan 8 Land Utilities public facilities exist to Use Plan Environmental service the growth 3 . Small Area d Corridor Plans Managament that new develo ment ■ meets oommunlt Capital Improvement TrernpoAation Y Program Engine ring standards. . Infrastructure Master Plans Economic Federal Funds ■ Adequate Pubtlo Faditles Development Polktes Parks b impact Fee Program Recreatlon ■ Annexation Plan CRY Manses( ■ Incentives to Encourage Inflll OMm lt. Redevelopment Acthrlty ■ Incentives to Accomplish Comprehensive Plan Objectives ■ zoning ordinance 8 M. A` ' j~ i o+MO=r""MrWoWA#J*N"runstcnanu-rMcowFLM tr Page 1311 t' c. i Revised Section 22 ImplleRr~enl~tlon hedill on m~ amen ■ Strongly manage ■ Growth Monagerr+rnt Plonrdnp & 19992005 Watku: of growth. t3trategy 6 Map • Support mixed-u" In h•naive Plan A Land Udle~ General Fund appropriate knra- Use Pion En*onmentel CIP + Enoourage Inflll . Small Area A Corridor Plana Management Grants development. . Capital Improvement Transportation TXOOT + Preserve existing Program Engineering stale 8 nelghborhooda R + InfregshMufe Master Plena Eoonoompimc Federal Funds Dev ■ Mown. • PoAds nder a Public FscnWes elparka A ~t nonresidential growth . Impact Fee Program Reoreation that enhanoes the Coy ■ Annexation Plan Cfty Manager and schoots districts . Incentives to Enoourage Infltl OMos tax bases. d Redevelopment AdMity ■ Incentives to Aocomplish Comprehensive Plan ■ nOr O Zoning rdInanoe & Map. SubdM*Ion Regulations, d an$ Plan Review Prooees timing ro• • m •m•n : ■ Control the timing of ■ Capital Improvement Planning R 1999.2005 Growth to ensure the adequate provision of ■ Inf mmtrudufa Matter Plans Utilities General Fund city Services b ■ Adequate Pubk Fad ides EmAronrnental Op fadllties. Policies Management Grants ■ Stimulate growth In + Revised Utlllty Peftlpation Transportation TXDOT desired areas. PoIl des Engin"ring state 3 IImnpad tFee Program lompimo Federal Funds ■ Incentfvas to Encourage Inflll Parke d d Redevelopment Activity Recitation ■ Incentives to Aooompnsh Clan Manager Comprehensive Plan OMce ObleMes ■ Zoning Ordinanoe & Map j l ~ r ry oa nwrweotnroor•,nerexuva OLM ucnan,rrw a" rL1N N wr Page I N ri Rlev19W SOCOW 22 ~ ltaili 0-I Section 4 LAND USE n en r : • u m em•n • Accommodate a Zoning Ordinance a Map. Planning 3 1999.2005 balanced future Subdivision Regulations, d Development residential She Plan Review Process General Fund developments. a Architectural 3 She Design CIP • Most the projected Standards Grants demand for residential a Singte•famlty d Multifamily stale d with a maximum Tracklrp Program Federal Funds threshold for MF. a Incentives to Encourage Infilt CDBG ■ Establish density d Redevelopment Activity Smart Growth crlterta. a Small Area Plana Program 6 a Establish mixed-use a Adequate Publtc Facilities Initiatives development c leda in Policies neighborhood 6 activity centers. a Increase housing in the core Or the CRY. a Establlshhigh densities where Infrastructure can a Establ sh moderate don shies In neighborhood centers. . Establish Compatibllhy standards In existing neighborhoods. a Use adequate public facilities as a criterion for cone changes. ommerca : •vs •e mp •m•n a Organize commercial a Zoning Ordinance 6 Map, Planning 6 1989.2005 land uses. Subdivision Reputations, & Development ■ Develop design She Plan Review Process General Fund 1 standards. a Archheclural d Site Design CIP a Establish mixed•use Standards Grants development criterla In a Incentives to Encourage Infill state & neighborhood b d Redevelopment Activity Federal Funds acUvh/ centers, a Small Area Plane Smart Growth a Encourage reuse s nd Program & redevelopment In the InW@Wes DUCO, a Eslablish compatibility standards in existing neighborhoods. A~ , F Mir aaa~MrNK1FiNCpIPI1FIENIM /IAN 1[MONp17.1M a0ir►7wANNk7 Page W G RevIuM SOCOm 22 I l Section 4 LAND USE lconfinued) n Ua m emN, - Employment Centers: I. ZQ*Q Ordinance i kip, Planning & 1OW2005 Form publk/pdvato Subdivtelon Regulation r, & Development partrimships to meet she Plan Rwiew Prowls Economto General Fund Infrastructure needs, + Architectural d She Design Development CIP . Market bus nesses in Standards Grants appropriate districts. . Performance Standards State & s Develop partnerships • Incentives lo Encourage Federal Funds with the unlvershles. Development d Smart Growth . Orgnntm lend use to Redevelopment Activity Program & avoid land use . Small Area Plans Initiatives conflicts, . Adequate Public Fad Jes s Develop standards to Policies protect the health, . Marketing Programs solely R welfare of the . Educational Partnershlps community. Program • Use adequate pubic tecllrJes as a criterion for zone changes. . EstalAsh mixed-use development criteria in employment centers. . Compollbflhy with adjacent neighbors, • Promote excel ence In design d oonstruction of buildings, outdoor spaces, tronspoOtfon feciittles, 6 , streetsespes. I~ `j', av+ro..n.rucemrcor~rwewNenwaanowa,i•resoa►rurivsw pop 134 Rl A9W SCOW 22 tmphr M-krAon Section 4: LAND USE (continued) un FacilWss; Fa . Zoning Ordinance d Map, Planning E IRM2005 • Provide adequate SrbdMslon Regulations, 8 Development public hdhties to She Plan Review Process General Fund support Aftre a Arehhedural & She Design CIP development Standards Grants • Organize dvk: land • Incentives to Encourage Intl) state & uses Into rogional 6 Redevelopment Activity Federal Funds activity centers. • Small Area Ptans Smart Growth • Organize dvia land • work with schools and other Program & uses into oommunfty dvic uses to provide Joint InhisGves j activity centers. use iedtities. • Organize cW tend s Parks 6 ReoreaUon Master uses into Plan neighborhood cent yrs. • Chic lend uses should be used to lead d guide development • Invest in civic devetopmenl to serve as landmarks. • Develop design / standaNi. l pec a s ve a mp emen • Downtown University • Zoning Ordinance 6 Map, Planning d IM2005 Core subdivision Regulations, d Development ■ Ray Roberta Lake She Plan Review Process Udlhtes 6 General Fund • Denton Municipal ■ Architectural 6 She Design Environmental CIP ' Airport Standards Management Grants ■ 100-year Floodplain • inoentlves to Enooursge Main Street State 6 Develw, meet & Parks 6 Federal Funds Re&,velopment Activity Reoredon Smart Growth 1 . Small Area Plane Alrport Advisory Program A . Adequate Public Fadlides Soard Initiatives Policies . Marketing Programs i A'/ C It c ry oen. wwace~M KIM ucnopmts a our ruw N w page 136 a I RlevIaM Section 22 I sIernetltAtlon o► a ous ng: . Fatooiaage . Zoning Ndnance 6 Map. Plarl & IDW2005 development & SubdM sW Regulations, & Development preservation of $Re Plan Review Process General Fund affordable housing, . CDW Funds CIP Add housing units at . Stan Area Plans Grants the some rate of • Community Development State 3 growth to job growth. ftgramslAselstance Federal Funds 80% of housing should . Inoenttve Programs CDBG be owner-0ocupied. Conserve housing: Mstntain exlsling housing In good oondition. . Allocate funds to housing assistance programs. Attainable housing: . Meat housing needs of the existing 3 projected population. cvq KAMUCTO1MIf.T44 OowPJAWdo Page US i . f' c; Ilk,. ECONOMIC i 1 P ym•n I Opportunity: . Comprehenelve Incentive Economic IM2005 • Encourage a strong Package to Encourage Development diversified 6 self- Business Andustry General Fund sustaining economy, Development/Investment CIP • Create a wide rer ~ o of wkh Guidelines Grants emp;,rymenl • Targeted Marketing Plan State d Opportunities. • Marketing Strategies 6 Federal Funds • Enhance local Malariai& Private Sector ownership • Sman Loan Packaging Contributlone • Expand and the tax base. • Coalition of Educators 6 Local by Band p Locat 6 Small Industry Representatives C BG Bank Funds i Businesses. • Support local business ownership d aman j business creation. ■ Support Denton's Cultural ectOles. • Work with financial Institutions 6 the business community. • Provide technical assistance for r ` business start•up& l 1 assistance. Workforce: • Ensure a sk1led, diversified workforce. • Work with educators 10 provide education b training programs. • Offer apprentks Markplace learning oppcr.un9°ea. Devstopm•nl Inuntives: • Estab"sh mixed-use devetopment criteria in neighborhood & activity centers. J g' rY \ R e wi oee+ •rekamreowrnOCwuve rk w ssenanu.ras ewr rwkwa,e Page 137 I l+ 1 Rwlsed Section 22 imomi m-11An us c a m n • ess see ■ Fours on Idenmed ■ Taryated Marketlrp Plan markets in a targeted ■ Ma"ng straleples 6 ■ 1ifyy ~ wo cforrce Materials needs. ■ Torpet industries nee lIng an educated World". ■ Foster an wMmro Mt for internattanal trade, ■ Encourage bLWneesea to locale in identMed sdAy centers or redevetopment arose. r~ c'1Mp~tMhAN ~EC110NtULiM OOIN R+VINA■ Pape 138 f c PAS hied Seadw 22 Implen~arrtalion Section 7 TRANSPORTATION nv nme Stewardship: ■ TfarnportFlbit80peralbn Trarup rlwon 1OW2005 ■ Reduce d mitigate air, Impact Evaluation' Plennkrg d water d noise ■ Trevd Demand Management DwsbpmeM General Fund pollution. d Incentives Envirorawntal GP Promote energy ■ Air Quality Mitigation Management Grants efficient trarspo otkv. Procedures TXDOT Travel ■ Pubfic Education fit Pudic CMAQ Demand/Behavior: Awareness Campaign stake & • Meet current & future • Transit d Nonmotori. el Federal Funds mobility demands. Vehicle Use InoemWA NCTCOG ■ Provide transportation ■ Commuter Trip Reduction Transit Program alternatives. Program Smart Growth • Reduce the use of ■ Advanced Transportation 9 Program & SOW Communication trdtlawas ■ Invest in transit Technologies FAA ptanning & systems. • Mobility Plan Developer Funds Land Use tti ■ Transportetion Design Transportation: • Aocess Management • Coordaate land use d ■ Land Use & Street transportation Relationships systems. ■ Interconnected Use of ob"Is: Transportation Systems ■ Make beat use of ■ Street Classification System } street cepcedly. • Traffic Control Devioee • Ensure street capacity • Traffic Calming Potkdes It for an transportation Techniques uses. - • SVeot d ROW Sections • Support use of transit ■ Land Use Map j a other modes of ■ SubdMislm RegulaWna travel. • Differentials between street functions. • Design streets to promote safety. t•qo..,■.r~sneawseenamn-tarDow" vlox Pape 1139 t~ f RavloW Sead4m 22 ~111~~f1!®11 X011 TRANSPORTATION (confinued) Too] Responsibility undinq Source v o rv cr • • m sm•n • ass s see Jfft udge the a Adequate Public Facilittes performance of the Policies arterial, collector b a Transportation Modeling transit system. . LOS 3tendards 6 Map Parking: a Parking Plana a Reduce use of can. a Public Transportation Make the best use of systems limited street space. a Small Area Plan for Specific a Seek a balance Area Transit Solutions between competing a Cltywlds Transit System uses. Plan ■ Protect neighbofioods a Commuter Ralf Services 5 from overflow parking. Hubs Transit. a Transit Oriented • Provide mobility & OesignIStandards access for the greatest a Urban Tralls Plan & Strategy number of people to a interconnections to Reglonal the greatest number of Transportation Systems destinations. a Designated Truck Routs P•destrlano 8 Plan Bicycles: a Municipal Airport Master ( a Increase walking b Plan bicycling. ■ intelligent Transportation a Create safe d Systems Planning convenient a Cost-share Systems with envkonments for Developments walking 6 bicycling. a Lend Purchases for Transli Moving Goods & Hubs Services: • Preserve 3 Improve commercial transportation mouNly & aocress. Municipal Airport: a Provide fadNties that integrate with the various transportation systems. Int•1llgenl Transportation systems: a Develop Intelligent transportation systems, p ; ll i r 4 e+hDWP*r+acen W1oWA0 s"ftm6lenam+2.1aDOWPLMVIhe Papa 140 i Revised Section 22 1MpNowI ntatlon Section 8: WATER SERVIFFS Framework Implementation Primary SchAule ' Responsibility Funding-spurce a er orv cos: vs o a mp eman ■ Ensure an adequate ■ Water System Master Plan utilities 1999-2005 water supply, . Long-term Water Supply ■ Meet anticipated Contracts Water Fund increase in water ■ Water Conservation & Rates determined demand. Drought Cont ngency Plan by purchase • Provide flexibility for • Wastewater Reuse Program agreement with rehlling tanks, meeting Clty of Dallas. peak demands 8 Cost determined emergency fire pending program conditions. design. Responsibility - Section 9: WASTEWATER SETV=CES Framework Implementation Primary Schedule & Tool Source es ewa er erv ces: ova o ea mp eman ■ Protect water supplies Wastewater System Master Utilities 1999-2005 from on-site sewage Alan system contamination. • Wholesale Wastewater Wastewater ■ Expand beneficial use Services (outslde of Hickory Revenues of wastewater effluent, Creek) Revenue Producing • Expand on recycling 8 ' Permitting, Monitoring d reuse programs. Enforcement Programs Effluent Reuse System • Composting Program • Tree Farm , I Section r STORMWATER D- Framework Implementation Primary - Schedule & Responsibility ormwa er: eva o oa mp omen ; • Reduce flooding S s Floodptatn Development Utilities 1999.200s Improve water quality. Crkeris • Correct deficiencies in • Monitorng, Enforcement d WaterlWastewater strestflooding, PubficEducation Programs Revenues Inadequate channel ■ Regional Detention Facilities General Fund capacity, b the 1000! Planning State 3 Federal structures in the a Drainage Regulations Funds flood fain. ■ Water Quality Planning i • Limit floodplain ■ Industrial Pretreatment reclamation. Requirements ■ Open Space & Buffer Zone Requirements ■ Operations 6 Malnlenance Plan ■ Watershed Planning ~+y vecv~.aM(:•Enrcoup•1KNShE rtM11ECflONi~fE•rK Wrro ouw N tae Page 141 f c: Revised SOCUM 22 ~11f 110fl 011 as • mp smen I 0 Protect public health, • Solid Waste Coecion Planning 8 1998-MS reduoe littw d fugitive System Development trash. & enhance a Monitoring 8 Protection UtllZ Operating Budget community a M Materials Recovery Facility Econ Revenue Producing appearance. a Ensure the (MRF') Development environment is a Revetment Specktcations Parla 8 protected. Recreation ■ Encourage waste Community minimization. DevOopmmnt ■ Maximize material City onagers recovery 3 reuse. Offlos Section 12: ELECTRIC SERVICES i m ■ Provbe safe & reelable • Elad fie SwOoss Plan Munldpat Eloft 1OW2005 electric services. • Purdusa Power @vough a Most future demands. W;)c;seafa Providers Operating Budget ■ Ensure system is a Expend Underground. Olstribudon System aesthetically sensitive. • Maintain sponge ■ Maintain 3 develop in Times a coat edeothre ' Convert Overhead 1ltlikies to method. a UBtreet Light Systems e Light Ordinance r r~ i o w, o.,e.r4ratl owr~ aNS run secn"Wtw oar KM now Page 142 c Revised Seed w ~1-1 90M KWH H 0- I ♦ &-OPEN SPACE Framework Imptcmentation Primary Schedule & Responsibility s r u n o a s ave q mp ♦men ■ Ensure adequate d • Parks, Recreation, 8 Open Parks 8 1999.2005 equitable distribution Space Master Plan Recreation of facilities. • Park soquisttion & Planning b Genera? Fund Parks 6 Open space Development Plan Development General Obligation Acquisition: • Civic, School d Park Siting School Dlstricls Bonds, Revenue ■ Achieve Coordination Strategy Bonds, Certificates oomprehenstveplan ■ProfitCenterPlanning ofObllgallon objectives through • Annual Action Plan Park Dedication acquisition programs. ■ Strategic Plan Funds Financial • Citizen Surveys CIP Effectiveness: Grants ■ Ensure cost-effective State b provision or facilities. Federal Funds Responsiveness: ■ Ensure faGlfties are responsive to changing needs. Section 14: ENVIRONMENTAL MANAGEMENT Framework Implementation Primary Schedule & Responsibility { cost's em ve s m amen Management: • EmIron mentalOverlay S Environmental 1999.2005 ■ Develop conservation Standards Management 3 development • Ecological Values d Rating Utilities Utllltks Funds priorities. Criteria 6 Plan UNT General Fund Air: . land Aoquisklon Program Planning 6 CIP ■ Encourage public ■ Floodplain/Sensit(ve Lands Development Grants transportation systems Protection Regulations Parks S State d 6 elficienc is. ■ Greenbui War Standards Recreation EPA Funds ■ Develop policies to ■ Public Education Program Federal Funds reduce ozone ' Clearing & Grading concentrations. Standards Water: • Drainage Regulations ■ Preserve Roodptain 9 ■ Velo-web Transportation maintalnRoodptaln SyttemPlan habilal to Improve a, Pubic Transit Systems water quality. ' Urban Tralls Plan & Strategy Land: • Regional NCTCOG Alf s Encourage ■ Ousiity Programs preservatica of open Fioodplain Zoning r spaces. Restrktlons ■ Floodplain & Riparian . A, , Ecology Restoration Projects ! t ■ Greenbelt 6 1135 Project • Publicly Owned Conservation Lands Program Cw .r++cecnrco~asr •aratPLMR asnr14♦11 caoruNIA6x Page 143 L t. s~ Revised Section 22 ilnPlanentation Section 15: URBAN M~SIGN r n • n w np amen i Standards: CoinpmhenaWe Plan Planning 8 1499.21)oS • Standards of + Development Code Development development for at + Subdivision Reputations Mein Street General Fund types of development • Site Design Standards Parks d Giants ■ Design standards + Architectural Design Recreation Stag, d considered early in Standards Federal Funds planning stages. + SPte Element Requirements Smsrt Growth • Standards for unique ■ Neighborhood .enters Program 3 areas. Standards Initiatives ■ Compatibility 6 • Development Review buffering lesues. Process • Neighborhood centers + Urban Design Review design parameters. Process variety 8 + Small Area Plans Dlstinctivenese: • Compatibiity Standards ■ Reinforce 8 enhance + Buffering Standards neighborhood Street Tree Standards character. Public Improvements IT Promote Individualistic, + UDasipn Studies d creative d distinctive Analysis design. ■ Alternative Compliance Government factlides Standards Compliance should meet design ■ Sensitive Locations cr Identifloation, Designation d Visually Sensitive Protection Critark R Process Locations: + Public Art Cill • Demonstrate high + Urban Design Plan Dt , standards of Policies Document architectural b urban ■ Urban Design Plant design to oomplement Monitoring or enhance sensitive locations. Public Art: • Create Interest, local distinctiveness, 6 memorable image of the * in public & private developments. Urban Design Plan: • Describe Denton's approach to visual quality & Image. , + Coordinate urban f , design objectives with A, n other public concerns. j ■ Examine areas of the city In need of Improvement or protection. coal o~e.wr+rsmnooraae cusroi raw aanaa v raroaa rue N,ae Page 144 G l' RI@HISed SCUM 22 ~ l e s or s e • mp n Main Strsat 10tH 2005 . IdentKy d create • Historic Districts Plana Planning a Private 8actor addkionat historic • Development Code Development districts. r Cky Historic District & Funds Historic Tourism: Lsndmerks Designations HotsWotsl Funds • Enhance historic • State 6 Federal Csrtifisd Local district tourism. Designations a Piograma Govemmerd Grant Historic Sues: ' Education Prog~ Gerrorai Fund MISS or areas • Enforcement Provisions Grants . of Protect •incentiveProvisione . Property Appearance slgnlflcanoe. Guidelines Archeological . infreslnrdure Praservelion Resources: Guidelines s protect remaining , Archeological Protection a archeologk:al Mitiostion Guidelines resources. e streets : . SubdMhbn Regulations a 169x2005 ate streets a alleys Crkerle Manuel are designed to p~ralopment Cow Development Oerrerd Fwd et crkarts for Utilities Smart Growth . Urban Deafgn Standards Tren•W. "ation P~ a sustainable mood Camera PerW a eiopmenl ' Rec estion Inklotlves dards state Federal ate nelghbvhood Stan ets A sleys that Funds Ft are Interconnected! i WW systems with smaller blocks that diffuse iraffio It shorten walking distances. • Use bulid-to Skies for stnrdurea. ■ Create streets with multiple functions. ■ Promote the use of alleys. s Use sldewalks approprtete tothe type. street ■ Use trsnsk-wWdad rr; % design. ■ Design on-fUael pa*N requirements. s Street trees requirements along all streets. Page 145 e+h o.e.~.+.rusnr'eM n~ secearnr srw oa+ww w ee Revised Section 22 fmple~nentatfon t Section 17: The Street (continued) Framework Implementation Primary Schedule & Responsibility u i es n e eve o se mp amen : see R ous eee pr us Alley: • Subdivision Regutations & ■ Utility systems will be Criteria Manual designed with the • Development Code original project in order • Urban Design Standards to ocnsVuct them prior • Neighborhood Centers to placement of Sts idards pavement • Utility Standards E Coordinate sit utility ■ Street Standards placement & • Alley Standards construction. • Street Tree Standards ■ All utilities should be ' Signage Standards underground. • Lighting Standards • Coordinate utility & • Street Furniture Criteria right-cf-way • Transit Design Crieterla construction with • Information Systems Criteria ptarament & protection ■ Public Art Criteria of street trees. Street Aesthetics: • Require use of aesthetic standards In street design that f include materials, lighting, signage, landscape design, furniture, transit, Information systems, public parking, public art& urban dealgn. i ` Section 18: THE EDGE Framework Implementation Primary Schedule & Tool Responsibility e ge: ,eve o se mp amen • Prepare forcurent & • Comprehensive Plan Planning & 1999.2005 future patterns of • Growth Management Development growth. Strategy & Plan City Managers General Fund ■ Coordinate with • Adequate Public Facilities Office CiP adjacenloommunities Policies Smart Growth & determine service • Annexation Plan Program & areas for city growth. • interlocal Agreements Initiatives ■ Water Master Plan • Drainage Master Plan • WeslewaterMestefPlan ■ Environmental Standards • Lake Ray Roberts District Plan C xy Oacmwb'NClEmr,C04rpE/1EN9nR ►uIN IECTCN9117-100 COw►1ANNdot \ Page 146 f/ Revbwd SOCUM 22 Implementoom t; Section 19 SCHOOLS Facilities: ■ Schools Siting ouldetirm Planning a 10992005 ■ Adequate school ■ Development Review Development facilWes should be Committee Utilities Oenerel Fund planned 6 oonstructed ■ School Impacts Analysis Transportatlon School District to accommodate Model d Strategy Economic Contributions anticipated student ■ Incentive Program Development growth. ■ Economic Marketing Parks d ■ cvatuate the klpact of Programs Recreation proposed ■ School Site Selection, Community development. Assessment, d Aoquishloc Development ■ Encourage donations System CRY Managers 8 reservallons of ■ Intarlocal Agreements Offloe school shag, ■ Coordinated Funding ■ Support stets ■ jopsaAges int Use Plans l legislalion that allocates adequate program funding. ■ Promote eoonomlc dfverslticetion that Increases sahral funding. Land Use Compattblllty: ■ Plan 8 Integrate transportation, utility d park projects with school facilities. City-8chool District , Rekttonship: ■ Engage In collaboraWe pr -;acts to maximize ft rids a 1 L public space function. r ' . A CMyta~vrwlrCe[Troova~aHtnsh,wseerxx■nl:r~ICdMRAMNM Page 147 f ~ 1 C, C RieAwd Section 22 hnpliert~entaM01n Section t • u c w a rrrprr men ; ■ Maximize the tervlce ■ 8traet Maintenance Program Plannirp d 1099.2005 We of paved surisces. ■ SUeei Maintenance Development ■ Maximize the Iifu d Standards General Fund value of trees 8 ■ Furlaing Strategies Butiding landscaping on public ' Pavement Design & Ina s & Code propertles. Materiels Spedllcsoone ent Funds inspection & ■ Conshuctkm Standards Enforcement: ' landscapes Design 8 ■ Promote community Materials Specificatkme pride a economic ■ landscape Systems values. lnttatlstIon & Maintenance ■ Curtan urban blight. Requtramenta/Schsdulas ■ As 3893 results for ■ Educational Programs effectivoness. ■ Small Area Plana Redevelopme spectllorA etiioon~n~ne ■ Educate the In community to prevent Programs future viotatbns. Section 21: PUBLIC INVOLVEMUNT Framework Ire , l ann ng: • o • m men a Design a public ■ Public Participation Program Planning d 1999.2005 participation ■ Notification Strategy D•vbpmsnt procedure. ■ Speakers Bureau utilities General Fund ■ Create a detnbsse of ■ WAshops Transportation Interested persons. ■ Media Packets Economic ■ Provide staff d funding ' Public Information Development resources. Resources Parks 3 ■ Public service ' Development Process Recreation recruitment. Community Public No1111cation: Development ■ Add to treditlonal CC Managers notification & hearing requirements to get the word out. Public Education: ■ Create task forosal committees to help educate the public. Public Participation: r ■ Clearly communicate 3 have constructive 1 ~r / use of the public's Ideas, I cwr0W~6wc■cniiooWore■MftM■ecn WIP.JasearuwwN,rt Page 148 i ----LEGEND Subareas ` ` "~tde J Roads :f l City Llmita LOes O UrbanlzinQArea In ETJ INV, R.M...npgeeWN wruw..Ia.~..ManMMx; r .v"'x t`{.-J+ 3% Mile ETJ 11 *r - e (UfdM.an IM _ ~C Y' ~.J 5 A1kle EtJ ~«w! !aa'o~"' + / t _ 4~,A ;fT' jT-r p cy' 1 y•~ t;l r~ d w fir, ! 4 n,., • i ' 'ry t ! 9 % art `s ! Pi ure 2.1 Y f f" POPULATION FORECASTS BY SUBAREA MAP " October -1999 f0onton e.kvMO "4041.rn+wm~N taMMn e4ustaMnes oningandDevetopmenlDepartmeni «rob"Imim::oN*a+,Coll a Oendo~ntonOlyLYtelr 11111,6111 211NEIm MMwnMmnaMlnMwpbraR. fTJAne 30,42 Me.M.twuu.* ®s%MnsfYJ 1a7tT Denton, Texas 7#201 (940)7492700 INA"wl1ANAOwNIN,rien~l.nlMruM ~y M I LEGEND „•p„y„r„• r 1 I ~ - n•r„Irr•w••rw•,r anima ~ O r+•rowr, wr.•n•wt •ora • Y!M•.1.WNMMMi• YIYYW IIW MYVI YU•1.lyfyy M••1rbb r,MMFIU.M M1 VO/M,W.rR ggMM•YPT r•.iWa ~ r~WT'IY~11•{[ ••.pr WrrY•YFIAR r ( } -LA _ •..•-blfl~w nnw~ JJ i 1 F ~r . 1 ~ Figure 7.1 a, , CITY OF DENTON - MOBIUTY PLAN ROADWAY COMPONENT DECEMBER -1999 City of Donlon N 613 • Englneaing I Tranaportatlon !11 N Efm Anton, raze tarot IWO} 340433E i I I i LEGEND #c ~ Raiboeda y`f E •mtirq Reads Future Roads Laken FUNre Land uses 1DU Year FloodMa n/ Fnmronmenhny Senadive Areas - Dev Noped Areas of Floodpiam - Rural Dmtrrc}s ---L_- .`j~_ l Ermhnp Ncighborhmdai Infdl Cempel,bildy Ncighporhend Cerdms Nwntown UrnvowyOore dalnc} ` Communuy Murd Use Cerdem Rrgwnal MAY ed Use Confers ~ Fniploymerd C trie's Indimlrial C'rntrn t.. I y Krum . i tI Y j us y z ~ I L~JY c ~POgNf 1 a • r ~ ~ e a } 1 4 DRAFT - CITY OF DENTON FUTURE LAND USE PLAN N DECEMBER-1999 City of Denton Planning and Development Department o 221 N Elm Demon, Texas 76201 (940) 349.8350 M 1:7250 c. i AOM No~ . Apda _ I AGENDA INFORMATION SHEET AGENDA DATE: December7'h,1999 DEPARTMENT: Pianning & Development partment CM/DCM/ACM: Dave Hill, 349-8314 SVRJECT Hold a joint public hearing with the Planning and Zoning Commission and the City Council pursuant to Texas Local Government Code §211.007 (b) to hear citizen comments regarding an ordinance of the city of Denton, Texas, establishing interim standards for applying policies of the adopted comprehensive plan to requests for zoning amendments and certain specified development applications pending adoption or a revised land development code; providing for administration of such standards; providing for exemptions; providing for severability, providing an effective date; and providing a savings clause. After all interested persons have been provided with the opportunity to provide comments and the public hearing has been closed, the following actions will be taken: a. Planning and Zoning Commission deliberations and recommendation regarding the ordinance to City Council; and b. City Council deliberations and consideration of adoption of the ordinance. BACKGROUND During the November 9'h, 1999 work session, Council members instructed st-dTto prepare an interim ordinance designed to guide development decision making until the city's development code Is rewritten, The ordinance has been drafted (attached as Exhibit A) and will be subject to a joint City Council / Planning & Zoning Commission public hearing on December Vh. Once Council and P&Z , close the public hearing, P&Z will conduct its deliberations and consider making a recommendation regarding the draft ordinance. l The organizational structure orthe draft ordinance contains the following elements: A. General Provisions 1. Intent and Purposes 2. Applicability 3. rxemptions 4. Duration 5. Ufect on Other Regulations uAffin na r~ A` ~ 0 C. A Ing Plans r f / i. Zoning Plan Information Requirements 2, Base Density 3. Density Transfer 4. Density Increases I I 5. Compatibility Standards 6. Adequate Public Facilities 7. Project Timing D. Protect Pl ns 1. Project Plan Information Requirements 2. Minimum Project Plan Standards a. Minimum Open Space Requirements b. Minimum Recreational Facilities Requirements C. Lot Size Standards 3. Density Increase Standards E. Procedures 1. Application Requirements 2. Processing and Decisions 3. Relief Requests The major premise of the interim ordinance is to create base densities for residential development, and allow limited increases in density in proportion to the developer's willingness to enhance the project. Two types of submissions are proposed in the ordinances (1) a ZonlnK Plan, which requires the substantial evaluation of neighboring areas and the impact of proposed gross zoning densities, and (2) a a: Y PI which addresses the construction and lot characteristics of the project and allows evaluation of design quality. The Zoning Plan requires P&Z public hearing and recommendation to City Council, and City Council public hearing and adoption. The Project Plan requires only Council approvat without the public hearing requirement. Staff will provide a more extensive overview of the interim ordinance on Decembe: 7th, and wiC also prepare some graphic examples to demonstrate how the calculations related to density transfer and density increases function. OPTION 1, Postpone action and conduct further review of the ordinance, considering the imposition of a short- term moratorium on December 7d', 2. Adopt the ordinance with any revisions deemed appropriate. ` RECOMMENDATION Staff recommends adoption of the interim ordinance. W'1 HATED PROJECT SCHEDUE Council first began to discuss the possible development of an interim ordinance on November 0, 1999. The first Council review of the ?raft ordinance will take place on December 70, PRIOR ACTION/REVIEW Staffheld a bricling regarding an inith l draft of the interim ordinance with the Planning & Zoning f ~ A~ c Commission on December I . 1999. 11e ordinance has been revised significantly since that time, and i the P&Y. Commissioners will receive a copy of this report and the most recent version of the ordinance (Fxhibit A) on December 3rd. 2 c FISCAL INFORMATION The draft ordinance will increase the cost of residentia! development, in terms of both development review processing and actual construction. Until the new development code in ready for adoption, the interim code provides a transition toward higher expectations or development quality as indicated in the comprehensive plan. ATTACHMENTS Exhibit A: Draft Interim Ordinance i Res tfully submitted: Da ill --Assistant City Manager, Development Services A n I to 11I1111NANJ:! JYIJ. AN 0WONANV) ;)i' mi ol) w I)PNI11N. AAA', A ApJl Nl IN7i)+ s a)ANl 0o, rom 4 ~ 'INl' A !1 J~~ Ak' ) A / /ffilPO !))~N9 l'1 AN 0,0) MR? !'s 11 P)NJrilr J~iN~~ 04t) MN ISPO N'j) N' V) l;)!'Aq-,N AI' Il A71 I+` 4'!1 !r A1?1'+ ~)r A pi'YlSir) ; A AJ7MlN)~l uA7r~)N f ~r ~1 A'l r►NIIAl~+r~J JQ !r'l~~vJ~ AFr! Jlilhs~ )w)v1NIN~:r~) S) Yir+A 11~F )'I )x'111) !~'lfif 11 E'!?a k; ov 1'!u)YNJINIi AOAV)Nr$f7 AJISV YrHJ.k! AS, Ow J uy (it JJfI;tAm h,* LA;4lcJ Jl~ /~iJIJIWJ(L NO Ikc'I'r t'Jl11JI1kb W}I1" )'Jdh G11 Uu R ur All J)c1141u 0& J)('(lut4.1 J. 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IllLU1.Ii. dlduA!~ 1;c1 .d1 ,Ll lix VN,:1)'l!16) lJCtr. 11 QAli.J;iIi yI_l 14UJoI::Io all'i &trl,J;dl:'111 f'.Z.J,JI A'AI.'. iJJI.kl„"s` . ).,~,L }du~rv i,(,aru.p it U,c J';yl,uU err'1,,~,Iq ( ,,,ruir 0;,iri ,:ud liu' A 1'1 ~.Vuir.l rv' LiH „w:Y.l., i;,',J' l~ri ./l,l+! >i 'J {iil J lri..:11.,, .•T1.: 1~'.l; 1JUAl1it A.7 r•lil,♦<~.. i!:N i'., 4Lr.'i'i. VI JIr`l u:l,A yl...~ji~_1!1 V.; Irti^l^JrI I~,U,a.1 ';r/ll'4ir'.'•ceLJri!ir L~ ~yJ~'r. .d,~~ Ic'4ail''d V}i JJ'_'Aii`-.) It., J'~VfJ~djl`r)I JA, IIiY~i•. ~~It n`i~JI7t l,'IiC l.af~f lJttl~'iJ-0tilG~ I . Ili1.I.(l.ti+_Jl.c~r ►Nj (Al) th 1"A.JiWoA) ',#oKJ)AJ:-1 1 f. Section I. Interim Development laQy_ tions. The following provisions hereby are incorporated as interim development standar-'s pending the adoption of permanent revisions to the City's Code of Ordinances that Implement . ; policies, goals and strategies contained in the adopted Comprehensive Plan concerning residential land use, growth management, housing and provision or open space. Pending adoption of such permanent revisions, these interim development regulations shall supersede conflicting provisions of the City Code of Ordinances, including in particular and without limitation Chapter 34, Subdivislorts, and Chapter 35, Zoning, and shall read as follows: SECTION A. GENERAL PROVISIONS 1. Intent and Purp. It is the intent and purpose of these regulations: a. to impose limitations and additional standards on residential development applications within city limits In order to rmrer such applications consistent with the policies, ge GIs and strategies concerning residential land use, and xlated growth management, housing and open space objectives set forth in the newly adopted Comprehensive Plan, pending adoption of revisions to Chapters 34 and 35 and other applicable provisions of the City's Code of Ordinances (which changes hereinafter collectively are referred to as the `Development Code") that implement such policies, goals arid strategies; b. to permit property owners to submit applications for t-sidential development during such interim period, in order to receive preliminauy or final approval from the City for such projects, subject to limitations herein set forth; and c. to integrate the limitations and standards herein imposed with the City's existing developrent regulations governing residential use during the pendency of this ordiname. 2. AppIicabilIlll. These interim regulations apply to the following types of residential development applications. Requirements of this ~ rdinance vary according to whether a zoning plan or a project plan must be approved for the project: a. Star lards for zoning plans and project plans apply to the following types of development applications and must be satisfied prior to approval of such 't, - applicttions; / (1) cn application to amend the City's zoning map to any residential zoning dis'rici classification provided for in the existing City Code of 2 t. i Ordinances, including a Planned Development District containing a mix of residential and/or non-residential uses; (2) an application to approve a development application proposing residential land uses, not Including Agricultural zoning districts, accompanying an annexation agreement; (3) an application to approve or amend a concept plan for residential use in an existing Planned Development District, (4) an application to approve or amend a development plan or a detailed plan for residential use in an existing Planned Dwelopment District, where the district was originally established prior to September 20, 19138 and no concept plan or development plan has been approved by the City Council after that dale; or (S) an application to amend a detailed plan for residential use in an existing Planned Development District, where the proposed changes to the detailed plan involve standards applied to zoning plans under these interim regulations. b. Standards for project plans apply to the follo%%Ing types of development applications and must be satisfied prior to approval of such applications, (1) an application to approve a detailed plan for residential use in an existing Planned Development District, in which a concept plan or development plan was approved for the property after September 20, 1988 and which does not propose changes to such concept plan or development pla;- (2) an application to amend a detailed plan for residential use in an existing Planned Development District, in which a concept plan or development plan was approved for the property after September 20, 1988 and which does not propose changes that Involve standards applied to zoning plain under these interim regulations; or (3) an application to approve residential development on undeveloped land within an existing residential zoning district, or to replat land within such district in order to Increase the residential density thereof, C. %rny applications to amend a concept plan, development plan or detailed plan in a Planned Development District(s) must Include all contiguous, undeveloped land in unified ownership within such District(s), and all such land is subject to the A requirements of this ordinance. f 1 3 i !i t 3•451ltpljgll4• This ordinance does not apply to: a. any residential development application for approval or amendment of a preliminary plat or detailed plan (provided such detailed plan Is subject to a concept plan or dc,aopment plan that was approved after September 20, 1988 and for which no Aianges to such concept plan or development plan are proposed) for aagle-family or two-family residential use which was acceptA for riling prior o die effective dale of this ordinance; h. any residential development application for single-family or two-family residential use, which is subject to an approved preliminary plat or detailed plan which was approved prior to the effective date of this ordinance, or which was accepted for filing in accordance with subsection (a) prior to such date; C. any residential development application for appro-•al of a building permit or detailed plan (provided such detailed plan is subject to a concept plan or development plan that was approved after September 20, 1988 and for which no changes to such concept plan or development plan are proposed) for multi- family residential use which ssas accepted for filing prior to the effective date of this ordinance; d, any residential development application for approval for multi-family use, which is subject to an approved detailed plan which was approved prior to the effective date of this ordinance, or which was accepted for riling in accordance with subsection (c) prior to such date; C. any non-residential portion of a Planned Deveh, ment that is affected by this ordinance; or f. any development application accepted for filling by the Director prior to December 3, 1999. 4. Duration. This ordinance shall remain in effect until such time as the City enacts 'its Developrn.rit Code, as reflected in Section 1.2.a, to Implement the policies, goals and strategies concerning residential land use, and related growth management, housing and open space objectives set forth in the newly adopted Comprehensive Plan. S. Effect on Outer Regulations. ~ It is Oe intent of ibis ordinance that the standards set forth herein supercede any conflicting standards under existing development regulations that apply to the development application. 11 is the further intent of this ordinance that provisions of 4 u r existing development regulations not in conflict with provisions of this ordinance remain in effect and that such provisions apply with full force and effect to the development authorized under this ordinance, i 5FC'rm B. DEFINITIONS. For purposes of this ordinance, the following terms are defined to mean: Accepted forrlinp means the status of a residential development application following j submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinances. QU means the City of Denton, Texas. Comm un!{y Activity enter means the area defined and described in the City fbenron Car rehensive Plan. Density, rr= means the maximum number of dwelling units allowed under the zoning classification per unit of land, Gross land area Includes all the land within the boundaries of the particular area, excluding nothing, (The Illustrated Book of Development Definitions, CUPR, 1981) Gross density will be computed by dividing the maximum allowed number of dwelling units by the total area within the project; rounded to the nearest tenth, using standard rounding techniques. er si s means the removal of the right to develop or build, expressed in dwelling units per acre, from land on one portion of a subdivision, project or zone district to another portion of a subdivision, project or zone district where such transfer is permitted, lkrefopm" W lcgdon means the application form and all accompanying documents and exhibits required of the applicant by the City for development review purposes and includes any of the following applications for approval of single-family, two-family or multi-family dwelling units: zoi,ings, rezonings, planned developments, concept plans, detailed plans, development plans, preliminary and final plats. Devetopment plan means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. means the Director of Planning and Development or his designate, lkwatown {rnlversity Core Disfrfet means the area defined and described In the Ory gfDemon Comprehensive Plan, ! i JIB means the city's Development Review Committee. FAvironmentagy Sensitive Areas means a feature of the landscape in its natural condition S lt 4 L n before any grading, excavation, filling or other man-made alteration, that Is shown on the of Denton Environmentally SensitiveAteas Man. These areas may Include, but are not limited to, lloodway, floodpdain fringe, riparian area, wetlands, ponds, lakes, rivers, wooded area, and topography that exceeds 7% slope. Final plat means a final plat as defined In Section 34-11 and as provided for In Section 34-15 of the Code of Ordinances of the City. t7oo41131U means the area designated as subject to flooding from the base, flood (one-hundred- year flood) on the flood insurance rate map. The floodplain Includes the floodway. Molly means a river, channel or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (one- hundred-year flood) discharge without cumulatively Increasing the water surface elevation any point more than one (1) foot above that of the pre-floodway condition, including those designated on the flood insurance rate map. &rd-way Maz means the area located within the Ooodplain and outside the floodway. ,101 family dwelling means a building or portion thereof which is designed, built, rented, leased, or let to be occupied as three (3) or more dwelling units or apartments or which Is occupied as a home or place of residence by three (3) or more families living in independent dwelling units. ~ti'elRhborhood Center means the area defined and described in the Ciro u,'penfon 1 Comprehensive Pkrn. • I One- aridly dwelling, attached, means a dwelling which Is joined to another dwelling at one (l) or more sides by a party wall or abutting separate wall and which is designed for occupancy by one (1) family and Is located on a separate lot delineated by front, side and rear lot lines. line farm( dwelling. detached. means a dwelling designed and constructed for occupancy by one (1) family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one (1) family, i .Qpc Wm means any parcel or area of land or water essentially unimproved and set aside, dedicalLd, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, A , Planned development mean ; a planned development district as defined in Chapter 35, Article 1V f I of the Cade of Ordinances of the City. 6 I &W-minarv plat means a preliminary plat as defined in Section 34.11 and as provided for in Section 34.18 of the Code of Ordinances of the City. Ptgperty owner means an all inclusive term denoting the person with primary responsibility toward the city to see that these development rules and regulations and the ordinances of the city are complied with. The term includes person, firm, corporation, partnership or agent, attorney-in-fact, manager or director, developer. Such term as used in this chapter always includes one (1) or more of the persons enumerated in this section who own all or any part of the land which is contemplated to be developed. Qualified mason produel means brick, stone, stucco or masonry material that replicates brick, stone or stucco. Rfgtonal Acthdly Center means the area defined and described in the Ciry gfDenton ConWrehenstve Plan. Recreation facility means a place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities. Residential zoning district orresldentral user means multi-family dwelling, two-family dwelling, one-family dwellings, attached, and one-family dwelling, detached uses. Rezonin means an application for amendment, supplement or change to zoning as provided for in Section 33.7 of the Code of Ordinances of the City. Street tree mean a tree that is listed on the city's list of eligible street trees adjacent to a public right-of-way. Two jam!! dwelling means a single structure designed and constructed with two (2) living units under a single roof for occupancy by two (2) families. ZonlU means an application for the first zoning classification and land use conditions applicable to real property as provided for In Chapter 33 of the Code of Ordinances of the City. Zoningma means zoning district map as defined in Section 33.3 of the Code of Ordinances of the City. SECTION C. ZONINg_MM I. Z&dn3Plan Rtgulrement r r' A Every residential developmem application Identified in Section A.I.a shall be 1 accompanied by a zoning plan. The zoning plan shall be the basis for the City Council's decision whether to approve, approve with conditions or deny the residential development application, based upon the standards set forth in this section; provided 7 t t, t that all other standards applicable to the residential development application have been met. If the development application already contains the information and documents set forth in this section, then such application may be treated as a zoning plan and shall be evaluated under the standards in this section. If the application is approved or approved with conditions, the zoning plan shall be Incorporated as a part of the approval. A zoning plan shall contain the following: a. Project name, vicinity map, scale, north arrow, and date. b. A general layout of the development, showing the general configuration and location of proposed land uses for the property to be developed for residential land use and any contiguous property In unified ownership, c. A computation of residential density for each type of residential use, consistent with standards set forth in this ordinance. d. Any reservations or dedications proposed. e. Location of all significant natural features and Indication of any planned mitigation to changes to natural features. f. Ail open space to be preserved, together with Intended density transfers, consistent with standards set forth in this ordinance. g. All recreation facilities proposed, consistent with standards set forth in this ordinance. h. In the case of single family and two family development the proposed range of lot sires and the numbers of lots within each proposed category. I. A summary of proposed design elements, if any. J. An assessment of public facilities, demonstrating the adequacy of or provision for public facilities serving the proposed development, ' k. Proposed compatibility measures to be incorporated into the project design, including adjacent density, building materials, garage standards, or buffering and screening from adjacent uses. 1. Zoning designations adjacent to the proposed development. M The proposed method, connection, provider, and location of. (1) The proposed water system. (2) The proposed wastewater system, (3) The proposed method of drainage of the property. (4) The proposed method of erosion and sedimentation control. n. Location of drainage ways, environmental buffer zones, or public utility easements In and adjacent to the proposed development, o. A Traffic Impact Analysis shall be required for any proposed site development that can be reasonably expected to generate more than 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trip ends during a single hour. r P. Drainage Study. A, q Water and Wastewater Demand Calculations. r, Location of existing utilities. S, Any other information deemed necessary by the Director to snalyze the project. 8 tt t t. 4. Standards Applicable to Zoning Plans. a. Nature of Standards The standards contained In this section governing zoning plans are minimum standards. 'these interim development regulations are not intended to limit the discretion of the City Council to deny a residential development application that achieves the minimum standards contained to this section, or to condition the application based upon overall considerations of health, safety and general welfare. b. Residential Density limitations. (1) Base Density. Except as otherwise provided in this section, no application for residential development subject to these interim regulations shall be approved for a gross density that exceeds the "base" residential density standards that foilow for the land Included in the application. The actual number of dwelling units approved may be less than the maximum theoretically allowed for the project under base density, based upon overall considerations of health, safety and the general welfare. Further, all other density limitations contained In the City's adopted zoning district regulations apply to residential development applicaticns submitted pursuant to this ordinance. (a) For single-family developments, three (3) dwelling units per gross acre. (b) For multi-family or single-family attached developments within, L Neighborhood centers, fourteen (14) dwelling units per gross acre. li. Community Activity centers, eighteen (18) dwelling units per gross acre, Ill. Regional Activity centers and the Downtown Univer sity Core District, rventy-four (24) dwelling units per gross acre. (2) Density Transfer. Environmentally sensitive areas shall be preserved, Residential density may Ix, transferred from environmentally sensitive areas, provided that such areas are dedicated to the public or separately planed as common A. „ areas for usable open space. Maximum density transfer shall be l computed according to the following rules: (a) Base residential density shall be expressed as gross density. 9 r c t> (b) The base residential density shall be separately computed for each residential tract and for each residential comprehensive plan category included within the slit, exclusive of floodplaln areas. (c) For environmentally sensitive areas, gross density shall be assigned according to the following rules: 1. a density of zero, if no density Is proposed to be transferred; or the area Is required to be dedicated in order to meet the requirements of the City's park dedication ordinance; H. a density of 1.5 dwelling units per gross acre for environmentally sensitive areas for which density Is proposed to be transferred; Iii, a density of 0 dwelling units per gross acre for floodway areas, (3) Reouirements for Increased Density, (a) General Criteria An Increase in base residential density may b`- authorized by the City Council if, based upon the zoning plan, the proposed residential development provides amenities that: 1. mitigate the impacts of residential densities greater than that of the base residential density; ii, provide superior project design; iii, increase project open space, pursuant to criteria in Section C.2. b; Iv, enhance the quality and usability of open space for the project and preservation of natural features preservation within the project; Y. benefit tke community as a whole, in addition to benefiting the residents of the development; A , (b) Maximum Densities l0 r ~ G ri Density increases may be awarded based upon the criteria contained In this section. However, gross density shall not exceed: a. For single-family developments, four and one-half (4,S) dwelling units per gross acre, b. For multifamily or single-family attached developments within; 1. Neighborhood centers, sixteen (16) dwelling units per gross acre. 2. Community Activity centers, twenty-two (22) dwelling units per gross acre. 3. Regional Activity centers and the Downtown University Core District, thirty-six (36) dwelling units per gross acre. (c) Specific Criterle for Increased Density (1) Opgn Space • A density Increase not exceeding ten (10) percent can be achieved by meeting the following schedule: 1. The first one (1) percent Increase in do. , !ty may be awarded if the project plan designates five (S) percent or the project land area for open space. ii. Subsequent one (1) percent increases in density may be awarded for each additional one (1) percent of designated open space. (2) Recreational Faciijji - A density increase not exceeding ten (10) percent can be achieved if a proposed ` development qualities for the maximum credit offered by the park land dedication Ordinance 98-039. (3) 5 001 Site Dedication -A density Increase not exceeding ten (10) percent can be achieved through the dedication of a School District approved site. (4) ~9it31Z>Q Af ordabiliiv - A density Increase not exceeding ten (10) percent can be achieved with a project having a i minimum of 30% of all dwelling units eligible to A participate in home ownership programs offered by the f City of Denson. (S) Design Features • For every three of the design elements 11 fl 0 I listed In Section D.3, that are achieved, an increase in density of 0,1 units per acre may be awarded. These design elements, if used, must be Indicated on the Zoning Plan. Where a particular amenity pertains to a standard that already is required to some degree for base density approval, bonus density will be considered only to the degree that the proposed amenity exceeds such j requirements. (d) Compatibility Standards (1) Zoning plans must demonstrate that the proposed development is compatible with the existing and planned adjoining uses and the character of the neighborhood In which the project Is located. Specifically the following standards should be incorporated Into Zoning plans. (a) )fix. The density of the developed area of the project within 300 feet of adjacent residential, development should not exceed the average gross density of the adjacent residential development within 300 feet of the project boundary. This provision shall not reduce project density below the base densities listed In Section C.2.b.0). (b) Maser v. If the majority of dwelling enits within 500 feet of the boundary of the project have at least 50% of all elevations (excluding windows and doors) comprised of qualified masonry products, then all dwellings within the project should have elevations comprised of no less than 75% qualified rt:!onry products. (c) Garage Spaces. If the majority of dwelling units within 300 feet of the boundary of the project have at least two enclosed parking spaces (garage spaces), then all dwellings within the project should have at least two enclosed parking spaces. (2) landscaping and screening shall be used to ensure compatibility with adjoining uses according to the i following standards: A~ (a) For existing uses adjacent to proposed single- family residential development: 12 It c. u I Existing multi-family and single family attached uses shall be screened with the following attributes: 1. Minimum bufferyard width of 10 feet: li, Minimum number of canopy trees equal to 1 per 25 linear fect of bufferyard; and iii. Minimum number of understory trees equal to for each canopy tree. i (b) For existing uses adjacent to proposed single- family (detached) or multi-family or single-family (attached) residential development: Existing non-residential uses other than Industrial or manufacturing uses shall be screened with the following attributes: 1. Minimum bufferyard width of 15 feet: Ii. Minimum number of canopy trees equal to 1 per 20 linear feet of bufferyard; and til. Minimum number of understory trees equal to t Va for each canopy tree. Existing Industrial or manufacturing uses shall be screened with the following attributes: 1. Minimum bufferyard width of 20 feet: H. Minimum number of canopy trees equal to 1 per 15 linear feet of bufferyard; and iii. Minimum number of understory trees equal to 2 for each canopy tree. (e) Adequate Public Facilities (1) The land proposed for development must be served adequately by essential public facilities and services. No development application subject to these interim development regulations may be approved unless and until adequate public facilities exist or provision has been made for water facilities, wastewater facilities, drainage i facilities and transportation facilities which are necessary r A C to serve the development proposed, whether or not such ! j:- facilities are to be located within the property being developed or offske. l3 i t r (2) Proposed public improverrents shall conform to and be properly related to the City's subdivision regulations, applicable master plans and capital improvement plans. (3) The City may require the phasing of development or Improvements In order to maintain current levels of service for existing public services and facilities or for other reasons based upon rraint3ining the health, safety and general welfare. SECTION D. PROJECT LAM I 1!Mh t Plan Reauirement•. Every residential development application Identified In Se:tion A. 2.b and which Is not exempt under Section A,3 shall be accompanied by a prof xt plan. A project plan approval Is required prior to the approval of any application for platting approval. The project plan shall be 00 basis for the City Council's decision whether to approve, approve with conditions or deny the residential development application, based upon the standards set forth In thr•; section; provided that all oth.:r standards applicable to the residential development application have been mot. If the development application already contains the Inrormation and documenu set forth hi this section, then such application may be ueawq as a project plan and shall be evaluated under the standards 'd this section if the appllcation Is approved or approved with conditions, the project plan shall he Incorpure-W as a part of the approval, A project plan shall contain the foilowirg; a. All of the Information contained In a zoning plan. b. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development, right-of.way, pavement widths, sidewalks, and bikeways. C, Lot layout with dimensions for all lot lines and lot area, d. Location and use of all proposed and existing buildings, driveways, fences and structures within the proposed development. Indicate which buildings are to remain and which are to be removed. C. Density and area calculations: (1) The total area in the development. (2) The number of dwelling units in the development (include Oe units by r the number of bedrooms in each unit, e.g., ten (10) one-bedroom, 25 two-bedroom, etc). A (3) Area and percentage of the total project area coverage by; 1. Structures. 11. Streets, roads, and alleys. Ill. Sidewalks. 14 c e. Iv. Recreation areas, v. Landscaping, vi. The total area covered by tree canopy at maturity of the trees. vii, Parking areas. f. Location and size of all existing and proposed public utilities In and adjacent to the proposed development with the locations shown of. (l) Water lines and diameters. (2) Sewers, manholes and cleanouts. (3) Storm drains and catch basins. (4) Fire hydrants. (S) Location and size of all public utility easements. g. Location, size and use of contemplated and existing public areas within the proposed development. h. A topographic map of the site at a two foot contour interval. I. Location of all parking areas and all parking spaces, Ingress and egress on the site, and on-site circulation. Use designations for all areas not covered by buildings, parking, or landscaping. k. Locations of all significant landscape features including, bat not limited to, any existing healthy trees of a caliber greater than six (6) inches, generally forested areas, and creeks, wetlands, 100 year floodplains, or ponds existing on the site. Indicate any planned mitigation to changes of a natural feature. 1. A landscape plan showing in detail the location, type, and size of the proposed landscaping and plantingu, m. The elevations, surface area in sq. ft., illumination type, height, and construction (material and style), and locations of all proposed signs for the development, n. Architectural elevations for all multifamily buildings proposed on the property. All project plans shall indicate the material, color, texture, windows, doors, and other design features of proposed structures, including all visible mechanical equipment, such as for heating and cooling. Elevations shall be submitted drawn to scale of one (1) inch equals ten (10) feet or greater. D. Any other information deemed necessary to analyze the project. 2. Project Plan Standards. a. Minimum Project Pion Standards The following minimum standards of project design shall be addressed in the project plan: (1) gnen Soace (a) Allocation of usable open space shall be made to each phase of a I proposed residential development, according to the minimum 15 I a I f open space requirements established for the base density. In the event that common open space is not to be provided proportionally by phase, the property owner shall execute a reservation of open space by grant of easement or covenant In favor of the City, authorizing the City to dedicate all or a portion of such reserved area to common open space in the event that the development is not completed. (b) The design and Improvement of open space shall be in accordance with the following standards.: 1. Open space areas shall be linked to existing and planned public open space areas to provide an overall open space system for the City consistent with the City's open space plans. fl. Open space areas shall be arranged so as to maximize access and utilization by residents of the planned residential development project. ill. Where open space improvements are to be provided, active recreation facilities shall be Installed, A safe, secure and barrier-free system of walking ur equestrian trails, paths, bikeways, and/or walkways shall be designed. The system shall link residences with recreation areas, schools, commercial areas and public facilities. (c) All multi-family developments over 23 units must provide a minimum of fifteen (15) percent open space, (2) Recreational Facilities - All developments of S or more dwelling units must provide park land or fees In lieu of land according to Ordinance 98- 1 039, (3) Underground Utilities - All developments must provide for underground utility installation, excepting electrical main sub-station feeders. (4) Lot Size (a) The standard minhnam lot size for single-family detached dwellings at base density without density transfers or increases shall be 10,000 square feet. AN (b) With density transfers from EnvirorurentaIly Sensitive Areas, l6 ~~ra base density may be converted to a mix of single-family residential lot sizes, with an average lot size of 6,000 square feet subject to compliance with other development standards contained in these interim regulations. (c) With density transfers from L-nvirr nmentally Sensitive Areas and density increases, base density ma t e converted to a mix of single-family residential lot sizes, N~ith an average lot size of 5,000 square feet subject to compliance with other development standards contained in these interim regulations. I 3. project Plan Standards for Density Increases Any residential development application for which approval of a zoning plan Is required, as set forth In Section A. La, and which proposes residential densities exceeding base density standards set forth in Section C,2,b.(1) of these regulations, must incorporate the following design elements if specified In an approved Zoning Plan. The credit for Inclusion of these design features Is dependent upon receiving approval for appropriate location and design. (1) Roadway connectivity to adjacent development - one street connection for each 650 linear feet of adjacency. (2) Interconnected streets - all strxts must connect to other streets at both ends, or provide for the future connection when adjacent to undeveloped property. (3) Street trees - One (i) street trtx per 50 linear feet of lot boundary adjacent to a street. (4) Variety of lot sizes - At least thirty (30) percent of residential lots within the project must be less than eighty (80) percent of the average lot site. At least ten (10) percent of the residential lou within the project must be greater than one hundred twenty (120) percent of the average lot size, (5) Garage door orientation and setbacks - 40 percent of all garage doors may not face the street. Garage doors of detached garages built In the rear yard of the primary structure and those on a corner lot that face a secondary street are excluded. No more than three (3) consecutive dwelling elevations may have garage doors in the same plane (orientation and setback). Of 0iose garage doors that face the street, at least sixty (60) percent must have setbacks of at least four (4) fat behind the l ' \ t, primary front wall of the dwelling. 17 t. A. (6) Sidewalks - Minimum 5 feet width, both sides of street. (7) Hike and bike trails - Hike and bike trail Independent from sidewalks is provided that connects public facilities or dedicated flood plain areas. (8) Common parking areas • Parking areas are provided within the right of way in other than parallel parking form subject to approval of an appropriate design, (9) Traffic calming devices - Approved traffic calming devices are Incorporated Into the street patterns. (10) Off-road vehicle storage - Off-street areas are provided for the storage of boats, RVs and other vehicles. (11) Fences - Along an arterial or collector street, fencing Is constructed of qualified masonry products, incorporates such design features as accent columns, articulation, or caps. Along an arterial and collector street, openings in fences to provide visual entry into the project area, (12) landscaped area or art • Landscaped features such as fountains, gardens, or other features that enhance the project. Art such as monuments or other sculptural objects that enhance the project may also be cop,'dered. Such elements must be visible and accessible to the public. (13) Transit facilities - the provision of bus turn-outs and covered seating areas for bus riders. (14) Variety of housing types - F,•oject offers three of the following types of housing within the project; single family attached, single-family detached, two-family, multi-family (le;s than S units in a structure), or accessory dwelling units. (15) Streets - Project offers street specifications consistent with the Comprehensive Plan. SECTION E. PROCEDURES 1. Application requirements. f ! At , No development application subject to these interim development regulations shall be / approved without submission and approval of a Zoning plan or a project plan, as J 18 I p I r• t provided herein, consistent with the standards in this ordinance, if the application is approved, the approved zoning plan or project plan shall be incorporated as an element of the approval, 2, $ocessine of and deetslon on ns. Zoning and project plans shall be processed and decided by the City Council in accordance with the same procedures designated in the City's existing development regulations for processing and decision on the development application to which the project plan is attached. In the event that the City's Code of Ordinances provides for final decision by the Planning and Zoning Commission for any residential development application subject to these Interim regulations, the Planning Commission shall make a recommendation to the City Council concerning the accompanying project plan and shall make its decision subject to approval of the project plan by the City Council. 3. fkcision on application, The City Council shall determine whether to approve, approve conditionally or deny the development application based upon its decision on the zoning plan or project plan in accordance with the standards in these interim development regulations and pursuant to the discretion vested In it by state law and city charter. 4. Project llmintt (t) The property owner may elect to reserve portions of the property for future residential development for development approval after the adoption of the City's Development Code. Such tracts shall be clearly Indicated on the zoning plan. i (2) The City Council may modify or condition zoning plan approval on the reservation of portions of the proposed development until the City has adopted the Development Code that implements the policies, goals and strategies concerning residential land use, and related growth management, housing and open space objectives set forth in the newly adopted Comprehensive Plan, 5. Rellef requests a, The applicant may petition the City Council for relief from these Interim development regulations by requesting such relief in writing. The request for relief shall be considered by the City Council In conjunction with action on the project plan and development application. ~j b. Tire City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the 19 jr I . I i I I I t. I City Council can reasonably conclude that the imposition of the residential density limitations or other development standards deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land, c. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (1) whether granting relief from the residential density limitations or other development standards contained In these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (2) the suitability of the proposed residential uses in light of land uses allowed In the zoning districts on property adjacent to the proposed site; (3) the impact of the proposed residential use on the transportation and other public facilities systems affected by the development, (4) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; I (S) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (6) the total expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (7) any fees reasonably paid in connection with the proposed use; (8) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant d. The City Council may take the following actions; (1) deny the relief request; (2) grant the relief request; or (3) grant the relief request subject to conditions consistent with the criteria A set forth in this section. 20 I I 1 t' I . Il t III # 6. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. Section II. Sevembilit . If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. Section III. Effective Date, This ordinance shall become effective upon the date of its passage and approval, and the City Secretary hereby Is directed to cause the caption of the 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, Section IV. Savings Clau Save and except provisions hereby amended or superseded, all remaining sections, sentences and paragraphs of the Code of Ordinances of the City of Denton shall remain in full force and effect, PASSED AND APPROVED this the `day of December, 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WAITERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERB PROUTY ITY ATTORNE h+ A 81: 21 1 t'II t Ap o& No R' 3 Apwtde Item AGENDA INFORMATION SHEET 6afe AGENDA DATE: December 7'b,1999 DEPARTMENT: Planning & Development De arlment CNIlDCM/ACM: Dave Hill, 349.8314 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, establishing a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plan to requests for zoning amendmcots and certain specified development applications prior to adoption of a revised land development codr; providing for exemptions; providing for severability; and providing an effective date. BACKGROUND A draft ordinance imposing a short-term moratorium has been prepared for Council review. The ordinance is intended to scree as a fall-back measure to allow further time for review of the interim development standards ordinance if they are not adopted on December 7'r'. The ordinance would temporarily halt the acceptance of residential development applications requesting zoning changes, including Planned Developments with residential land uses that do not have an approved Concept or Development Plan dated after September 20, 1988 (which is the date of approval of the 1988 Denton Development Plan). Approved PD Detailed Plans, single-family plat applications accepted before December 7'x, and multi-family building permit applications filed before December 7`^ would not experience project delays. The moratorium ordinance, if adopted, expires January S'", 2000, before which time Council may extend the effective date. If the Interim development standards ordinance is adopted prior to January S, ` 2000, it Hill contain a provision that expressly terminates the moratorium. { OPTIONS 1. If the interim dcvcI%ment standards ordinance is approved on December Tx, this agenda item should not be considered, 2. If the interim development standards ordinance is not approved on December 7's, the following options are available; a. Approve the ordinance as drafted. b. Approve the ordirance with revisions. c. Decline to approve the ordinance. RECOMMENDATION Staff re~commcnds consideration of this agenda item only if the interim development standards ! l ordinance is not adopted on December 7'", if not, the Interim moratorium ordinance should be adopted i only for a short period if Council feels the threat of development applications that can circumvent the interim standards warrants such adoption. i ESTIb1ATEP PROJECT SCHEDULE The only date scheduled for consideration of the draft moratorium ordinance is December 7ei, PRIOR ACTION/REVIEW The draft ordinance has not been previously reviewed, It Is related to the extensive 21/1-year comprehensive plan review process. FISCAL INFORMATION The effect of the ordinance, if adopted, will be short-term delays in the submittal of residential development applications. ATTACHMENTS Exhibit A: Draft Ordinance Respectfully s ttt D lill Assistant City Manager, Development Services A~ ~ P G o n:Mr w.,wi~ aa.u f ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO REQUESTS FOR ZONING AMENDMENTS AND CERTAIN SPECIFIED DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERAB1LiTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has enacted by ordinance, a new Comprehensive Plan for the City of Denton on December 7, 1999, which supercedes the Denton Development Plan; and WHEREAT, the Comprehensive f i-n contains policies, goals and strategies related to residential land use, growth management, housing and open space provision; and WHEREAS, the City Intends to comprehensively amend its Code of Ordinances, including inter alga its zoning and subdivision regulations, in order to implement such polices, goals and strategies; W WHEREAS, it appears that substantr l applications for approval of residential developments is likely to occur in the intervening time period; and i WHEREAS, it further appears that approval of such development applications inconsistent with the new Comprehensive Plan Is contrary to the intent and purposes of the plan; and WHEREAS, a joint public hearing of the Planning and Zoning Commission and the City j Council concerning the adoption of interim regulations was held on December 7,1999; and WHEREAS, at the December 7, 1999joint meeting the City Council was unable to adopt such interim regulations; and WHEREAS, it appears that it would be appropriate and in the public interest to establish a moratorium on the acceptance of certain residential development applications until the City Council is able to adopt such interim regulations; THE COUNCIL OF THE CITY OF DENTON. TEXAS HEREBY ORDAINS: SECTION 1. Moratorium Established, The City Council of the City of Denton, Texas hereby establishes a moratorium with respect to the following specified development applications. The following development applications shall not be accepted for filing by the City during the Moratorium Pecod as specified in Section 4 ofthis ordinance: i i fl i - i E I e nMrw,~ai,. ry,r~rywy t Development applications that include: (a) an application to amend the City's zoning map to any residential zoning district classification provided for in the existing city code orOrdinances, including to a Planned Development District containing a mix of residential and/or non-residential uses; (b) an application to approve a development application proposing residential land uses accompanying an annexation agreement; (c) an application to approve a concept plan rot residential use in an existing Planned Development District; (d) an application to approve or amend a development plan or a detailed plan for residential use in an existing Planned Development District, where the district was originally established prior to September 20, 1988 and no concept plan or development plan has been approved by the City Council aOcr that date; and (e) an application to amend a detailed plan for residential use in an existing Planned Development District, where the proposed changes to the detailed plan involve standards applied to zoning plans under the proposed interim regulations. SECT [ON 2• Exemption. This ordinance does not apply to: (a) any residential development application for approval or amendment of a preliminary plat or detailed plan (provided such detailed plan Is subject to a concept plan or development plan that was approved after September 20,1988 and for which no changes to such concept plan or development plan are proposed) for single-family or two-family residential use which was accepted for filing prior to the effective date of this ordinance; (b) any residential development application for single-family or two family residential use, which is subject to an approved preliminary plat or detailed plan which was approved prior to the effective date of this ordinance, or which was accepted for filing in accordance with subsection (a) prior to such date; (c) any residential development application for approval of a building permit A , or detailed plan ravlded such detailed plan is subject to a concept plan or (jam ' development plan that was approved efler September 20, 1988 and for which no changes to such concept plan or development plan are proposed) for multidamily nsidential use which was accepted for filing prior to the effective date of tHs ordinance; Page 2 of 6 tc > nw iun. w, (c) any residential development application for approval for multidamily use, which is subject to an approved detailed plan which was approved prior to the effective date of this ordinance, or which was accepted for filing in accordance with subsection (c) prior to such date; or (d) any non-residential portion of a Planned Development that is affected by this ordinance (e) any development application accepted for filling by the Director prior to December 3, 1999. ECTI ON 3. Definitions. For purposes of this ordinance the following terms are defined to mean: Accepted for fling means the status of a residential development application following submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinance. City means the City of Denton, Texas. Concept plan means a general concept plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Dg t i y means the maximum number of dwelling units allowed under the zoning classification per unit of land. Detailed plan means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Development application means the application form and all accompanying documents and exhibits required of the applicant by the City for development review purposes and includes any of the following applications for approval of single-family, two-family or multi-family dwelling units: zonings, rezonings, planned developments, concept plans, detailed plans, development plans, preliminary and final plats. Development pian means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. A Director means the Director of Planning and Development or his designate f=inal plat means a final plat as defined in Section 34.11 and as provided for in r Section 34-15 of the Code of Ordinances of the City. I _ page 3of6 (r t~ D TIMIAgIwi~Glrr, ►o/~y Multi-family dwellings means multiple-family dwelling (apartment) as defined in Section 35-76 of the Code of Ordinances of the City. One-faMjjv dwellings, attached means one-family dwelling (attached) as defined in Section 35.76 of the Code of Ordinances of the City. One-family dwellings, detached means one-family dwelling (detached) as defined in Section 35.76 of the Code of Ordinances of the City. Planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City. Preiiminarv, t)la means a preliminary plat as defined in Section 34-11 and as provided for in Section 34.18 of the Code of Ordinances of the City. Property owner means an owner as defined in Section 34.11 of the Code of Ordinances of the City, Residential zoning distdct or residential uses means multi-family dwelling, two- family dwelling, one-family dwellings, attached, and one-family dwelling, detached uses. Rezoning means an application for amendment, supplement or change to zoning as provided for In Section 35.7 of the Code of Ordinances of the City. Two-family dwelling means a two family dwelling as defined In Section 35.76 of the Code of Ordinances of the City. Zgpipy means an application for the first zoning classification and land use conditions applicable to real property as provided for In Chapter 35 of the Code of Ordinances of the City. Zoning man means zoning district map as defined in Section 35.3 of the Code of Ordinances of the City. SECTION 4. Relief from Motatorium. A. $fll (rggucsts A 1. The applicant may petition the City Council for relief from the moratorium by by requesting such relief in writing. 2, The City Council shall not relieve the applicant 'rom the requirements of this ordinance, unless the applicant first presents credible evidence from Page 4 of 6 ~r r• i 4 which the City Council can reasonably conclude that the imposition of t} e moratorium deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land. 3. In deciding whether tr grant relief to the applicant, the City Council shall take into consideration the following: (a) whether granting relief from the moratorium jeopardizes the City's best interests in implementing residential density limitations or other development standards contained in the proposed interim development regulations; (b) the suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (c) the impact of the proposed residential use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant foltowinb adoption of the interim regulations; (1) the total expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs of Installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use, (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant 4. The City Council may take the following actions: (a) deny the teticf request; (b) grant the relief request, or i (c) grant the relief request subject to conditions consistent with the r' criteria set forth in this reckon, Page 5 of 6 c I t o rtwr weo~.aeir,. wer ~ I B. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. SECTION S. Moratorium Peri od. The moratorium established by this ordinance shall commerce on the effective date of this ordinance and expire on January S, 2000. The City Council reserves the right to extend the moratorium if the interim regulations are not ready for adoption on or before said dale. Should the interim regulations be adopted before said dale, the ordinance adopting the interim regulations will contain a clause terminating the moratorium as of the date of such adoption. ,SECTION 6. Preamble Findings. The findings and recitations contained in the preamble of this ordinance are substantive and are hereby incorporated into the body of this ordinance. SECTION 7. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION S, Effective Date. This ordinance shall become effective immediately upon the date of its passage and approval. PASSED AND APPROVED this the day of , I JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY By; APPROVED AS TO LEGAL FORM; rr HERBERT L. PRO 11Y ATT EY By: _ page6of6 r t ` rJ tl 4 1 I I ~ 1 AD" Apenda Item AGENDA INFORMATION SHEET Date AGENDA DATE: December 7, 1999 DEPARTMENT: Fiscal A Muolcipal Services/Tax ACM: Kathy DuBole, Assistant City Manager of Fiscal and Municipal Services SUBJECT: Consider approval of a tax refund to MBS Seed, Inc. The 1999 tax was paid twice, resulting in an overpayment BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500,00. 1999 tax for MBS Seed, Inc. was paid twice, Two checks for $601.67 each were received on the same day, 1014/99, resulting in an overpayment of 5601.67. All documentation necessary for refund is attached, FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by 5601.66. Respectfully submitted: 9.4L., fi~ L Dana Ortiz Director of Fiscal Operations Prepared nnby: Carolenc Folse Revenue & Tax Analyst . t; 1 f ' I , i 11 APPLICATION FOR TAX REFUND CITY OF DENTON TAX OFFICE CITY OF DENTON Prow ma x 601 E. HICKORY SUITE F nw pail 3MM , ZIF 301 DENTON TX 76205 940 349-8318 I To apply for a tax refund, the taxpayer must complete the following. Step 1: MRS Seed Inc Owner's name PO Box 2939 CRY W" W •w and address Denton Texas 76202-2939 Step 2: tepal desotptton la attach oopy of the tax bill or 4x moelpty. A0I BM 888 6 CRR, Tract 300, Acres 1.338 Describe the property Address or localm of properly: 320 Bell Account number or properly, Tax receipt number, 033169 OR 9901050288 Name Vaw ow AmwM Amaze a Taxky Lhx From whkh Fa wrkh RaWM of ire q of Tax ilasmd I, d x Is Requested ?a NOUN Taxes Paid Roamtod Step 3. 1. IC'ALQAWw 20 =M Give the tax 2. CA4pfDjnjm "Lim payment 3, information 4. 5. Taxpayer's reason for refund ( shach supporting documentatlon): Two eke "rot for name amount thru Lock Box - Check 09080 and Check 08099 • received on the tame day for $601.81 61 hereby apply for the re'und of the above-described taxes and certify that the Information I have Step 4: Iven on this form Is ue and correct to the best of knowledge and bellef.• pre /'Z I a applicalon for x refund: Sign the form sign here Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalvee: 1. Imprisonmeni of not more that the 10 years not less than 2 years andlof a fine of not Tors than $5,000 or both such fine and Imprisonment; 2. Confinement In jell far s term up to 1 year or a fine to exceed $2,000 or both such r r j fine and Im flsonment as set forth In Section 31.10, Penal Code. t • - POR ORF'ICE USE ONLY This tax refund It: b f, step 6: tax refund sign determination h&6 . ~t A u 1 f~G~. r 11.15 r1~ - Isd -2- . 11 a Rl►OAt 1A1406DW 11/06/00 At Soto O Y I A TO A Y M 1 A T S PAO[ 1! ACCOUNT NO. Aiello? NO. NAME ADDRESS AMOUNT STATUS 01 PAYMIN7 61611700000 66/11/13.0003 TUCKER, DAVID MAY y~ 1 OCRINNIY E 4 1 J1 OVERPAY 8838888801 1 i8 AA ROf~ Wi~ 0 f60 pyyp~~0 ' aA 0y itMS t.+ r O,Y 6000000 pElmildhi: 11/OAt EL 7E i1/ 1111 L r', r T, OV AY 04370600000 00/11/31.0013 CLARK W1151.1Y U577 0.01 OVERPAY 61700300000 00%1!%00.0003 GARMAN, WILLIAM L TRUSTEE SHADY OAKS D01 2.76 OVERPAY 01 1 T W. ATTY ` ii RASE 6NMl 06 1r %~1• N 0 [~V 0110!400000 60/01/13.016 1 A UI RM CO DENTON ?IRAs 0.07 OVERPAY O3 x64000000 00/01/13.014 TNONA S, MILVIN I. MILL ST 0.40 OVERPAY 0105a7400000 00/01/13.0J143 NARKS S. GLENNA R MULR/SKY 1 tS4,S1 GYRATORY =0! 000t0~~ 00g , IrS; Jj7j 1~~y{O 14w LiI ,L 61011100000 n/01119.001d Ntl LL~CT RON S 0%r IT UMIVERRTY 0 33.61 OVERPAY 03036100000 66/01/x6.0103 NUONSr LARRY I W FARAWAY 51 48.48 OVRAPAV 024,706000001!/01'/4/16.0015 93M tAt GUN NORM Of 00.01 OVERPAY ~~tll{,Ei R» 0. E,RL .!"Trim /TIM-0 /1124800000 t1/0+/21.0033 R ROTA OlN1AL w ELM JA ST 1 L N OV SPAY IP440700000 16/01/12.0033 NAMPTON INIl4l STS LP WM1fIPIEN CT 0.01 OVERPAY 03013600000 11/91/11-0067 NUSCNAI• LION J M11tYW000 LN 0.01 OV lO PAY ISINaO J II L r, A / 410eo 1 I! R = 11; u R 4 p:m iffiffli, 104740000000 60101/21.0031 9 Moro CREDIT COMPANY DINTON TIAAf 7 OVNKPAY $2024200000 1t.O1/0!•0003 19LI •CONNICT M ppARROII RV 10 OVIRfAr 01164600000 11,'0!/07.00 6AIRD, CMA Ll6 ► AOCNWOGD LN 1 .30 OVERPAY IN 0110100 1 0 . i 41 EtAisB M. TOTAL OF OVERPAYMENTS 61,407.61 e •i gyn. i Se.r A' - i c e~t i I Agenda hem ~ I, Data AGENDA INFORMATION SHEi.f I I AGENDA DATE: December 7,1999 DEPARTMENT: Fiscal& Municipal Services/Tax ACM: Kathy DuBose, Assistant City Manager of Fiscal trod Municipal ServicesP SUBJECT: Consider approval of a tax refund to Norwest Mortgage for Jeffery L. Kruger. The 1998 tax was paid twice, resulting in an overpayment. @ACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. 1998 tax for Jeffery L. Kruger was paid twice. Once on 11/13/48 by check N12984 in the amount of $533.26 and on 117/99 by Norwest Mortgage, check #188744. for the same amount, This resulted in an overpayment of 5533.26. All documentation necessary for refund is attached. I FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $533.26. J 1 i Respectfully submitted: A inns Ortiz Director of Fiscal Operations Prepared by: ,A Carolcne Folse Revenue & Tax Analyst t I i i r APPLICATION FOR TAX MFUNO Mwq WNW= 'ITY NT 'TAX OFF E CITY OF ON 1 . H ORY ITE F PWMMW OENTON TX i I 0 so* for r na»I tlM j y1p 1; L. IIOQ"~- A Of lit ~ i PJpflaf'a narM 3641 E W4 often TWA ?02064M Inp 2' L.I. aaoo glop Mr.Irwn owy M M w M v r wwMR Ortwr.7laid W ooaa Mdn. ON i P A MOOk S O"Cme Lm a r MpropMfy Maoaoarwa■torraab 3141 ~aaanw nan~ar of lraporb TM warbf ft~.. 1 1 OR of at«Mrr pry~a Ilaaaolr~ PO"m mood an. OF r N I.IV A" To, ft r." iww~r~ ftea" s, t, frd,ipnorp Im ItAwY L -.1117: s I a~a~a Give IN w . cbudamm 5911 um o two bn TaxpiWS titian for WksW ( a+a:h aypw" dowmanfaW t M N ter 1 W, Lam. ow- dim workAl an 1R hf MM' 4 a 4n EMSMIOL al M area M I hM afn /IM a1M i I SW a L « w aww' doll one front Sir . V"A . "Otctd QK Uf1?f' 112 Q My paean oho fare Ina bu2oa+2 raoa0 atoll M as Wt b ono of fu allwa~ panaalw 1. Imprtaoeawr M Apt* - fhw tv 10 roan na loaa than 2 yaw. Weer a fl m of Ad mm Inn ad,ooo or b* Ao too atd bhpia0lww I. fbnMwnm in 1a1 or a Wm wo b 1 year v a Ina 4 OWN U.No or baton aaah fkna and N aM b* In 9aotlon 71,10 Panel 006, 9Mp I: TMa %X low k; 1.. ~OuappwM i 1II ~ Yax rartrnd M dalarmirtat7on ~ Dave fwoo 1 i t i i i i i RIPORT TARIOSOW 11/05100 A7 20:47 O V E R P► V M I M T{ PAGE 71 ACCOUNT NO, RECEIPT N0. HANK ADDRESS AMOUNT STATUS 07 PAYMENT 02706700000 01100177.0006 WAL DROP, MICHAEL D MOLLVNiII LN 0.01 OVERPAY 07731000000 6A1 6! 4.0a04 02NION, pWNIV OP K41 01NNeY at 30 OY R AV 0It 20000000 0{/01/14. 78 114/"8, o OHANO M A AAOLVN Y. 0-LINk LN 2 :0 py~RAAY 4!0000000 90/yy 0! 4-501/ FARINA. pAPLO J JR To 0 ~,e 0 OA 807!600000 8101/14.0012 SoOWNI JOHN / YI1706RAITV 0 1! 1 V RPAY' 01!40 00000 00/00/24.0010 SW[ITy AT 3 DRILL A TAVERN S ff 1111 11/86600000 01/00/70.0002 PUNCH, MARL W PR~tRil 0101 0.21 OYL RPAY 11772000000 8/00/78.0064 !ALAS, DANIEL TEASLEV W t fL L 20.40 OVE RP4Y 11TH 100000 8/00/76.0010 CATHY OUILAAO TEASLEY 0717 L 312,04 OVERPAY j 0/123 so 000 60/8/70-001` HM ON ANN AAA 8of/809000 27 IgT`4NAJIONAL INVEST ORPLTO rt SP iAY~~j TBA OR R A 080700000:8 $/e !R/ry A 1Ml 1 :34401:4 1/t !0 7 •1ET0fNzA L ` 2 1:1 1!]9000000$ (0/10/006 SC HM 11}1fE0DHAYfN LlC MCNIY tT OV it rjy 03093400 000 (8/10/13.0071 80 0 HICKORY LLO W H ONDRY %1 0.02 OVIRPAT 60111000000 01/10/13.0077 PATEL, N A MO, PA 0 1.351 11.00 OVERPAY 19063100000 8/10/17.0037 19 OWN DAVID J 0 DAWSON, CASEY O JOHN DR 430 1 {3.13 OVIAPAY 07017000000 / 0!I 3 ON fly, p R ON HN3 10 0 Q~i1`1! aNAlAA 064100003:1 ;W 36•88! E G A 011 yDp0 yp {{SCI ATI ON ;q } f -00 t} 0 A I{_~~ST ON T : ~ °J 017009 8 !10/ 11.030 MOWN" 61Yt`OTNi 1114 NDli ?U6+47a6o 00 f 0/4.00011 ORUOIR JFF L AN R 113 A 0116/600000 22110/14.0006 ATN INSbN, JEANNINY 1 MCRINNIV 077 17.07 OV6AP►Y It 116100000 f//10/14.0010 SHIRLINO, 11491A 1 NORMAN 8T 0,70 OVERPAY 07004000000 a" 0/11.0015 STAPLER, JANE M EMERSON tLND 311.40 OVERPAY 10 7700 01(10/ ,•081 A R as 6 1p{1Y N f 0 o fo/!Al~;6 IT SO 8 • jl l AOMANI DN` I~ ` ~1EL t YY A 7 .ION O MT t 1gMtM1N Y.r4S { 113 0 , 00 0 eia o L AMD v ~Ai 71800000{/10/11.OOS2 fAV1N L[A it ASLEY 0307 L 1111" 01100100000 61/10/14.0071 fRY1N LEASING MA SN II MAW 0730 13.5{ OVERPAY , 01777600000 N/10/14 . . 0070 SPRAWLS, JAN R N 7.75 / DAN3E {0,01 OVERPAY 10 11100000 /11! 4003 CN pvtION 5CHM1T7 AV 70,00 OVBPAV TPA 01 661 409 M v!!0 pA fOR -11T R j l! LINO elf TE8 1140 DiNfO: ~Q~'yy~, rPAT 0`1A00o0AOb 1T{/:IIOV O/AV, 07]60700000 10/10/11.0010 TALIAPIRRO W V OAKLAND It 19.10 OVERPAY 0711//00000 f8/10/I{•0003 CARROL MATiHIW A HOUSTON Pl 0.17 OVIIPAV 0 03123 7,~112,00p0p0 p0/0 01/110/18.0000 DOLLY: L' ,~~O1H7AtII r MOH CAN AV 1,04 1101PAY $1 Data 1 ;j;DOgQO OD%;900.000 O ~IA~`A~1L~~ONCAROL ~Y`I(Me 61NTDM1N elf. e, , r,~A{{1T+r7~, 1 i , PATRICLA M `~IL~f IOS~E►Y 07072100000 00/100/70.001{ /IA 2C i 07110700000 61117/07.0001 01 REAR, LENOIR {TONl641f DR 0.07 OVf RPAY 0109610 so 10, a*$$ at 71 0 88 sb III To a OS Iraw S 1 C MOOMNDILOM DR 11 'OVERPAY 61164000000 I/fl/ o01 OY"6 46 CA~~lljil~i 23~,A0.. py~pAi eNt lr ! °DYY II a i Ap ob No, Apandai rtlm 4, ~ AGENDA INFORMATION SHEET Dale AGENDA DATE: December 7,1999 DEPARTMENT: Fiscal & Municipal Services/Tax ACM: Kathy Du Bose, Assistant City Manager of Fiscal and Municipal Services, SUBJECT: Consider approval of a tax refund to First American Controlled Disbursements for Northpoint Apt., LTD, The 1998 tax was paid twice, resulting In an overpayment. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of 5500,00. 1998 lax for Northpoint Apt,, LTD was paid twice. Once on 12131/98 by check #48398 in the amount of $1,654.02 and on 1112/99 by First American Controlled Disbursements, check 02736, for the same amount. This resulted in an overpayment of $1,654.02. All documentation necessary for refund is attached. FISCAL 1NFOMM1 ATION: The tax overpayment revenue fhnd would be reduced by 51,654.02 Respectfully suhmi(led: Diana Ortiz Director of Fiscal Operations Prepared by, Carolcne Folse Revenue & Tax Analyst t r r s_ nr r Lwnrlvlr rvr% aMA ricir-UNIJ n+T4 CITY OF DENTON TAX OFFICE nee CI Y OF bENTON e 601 E. HICKORY SUITE F rmftkaosa DENTON TX 76205 940 349-8318 To a I for a lax refund, the lax er must complete the follawin . Step 1, NORTHPOINT APT LTD 110 owners name 608 N BELL ##8 Yi S v 64 y, n-,e,4J' w _ and address DEN TON TEXAS 76201.4276 g`lQ- IGaO Step 2; Loyal descrlpbon (or el4ch Copy of he tax ba of tax recelpl): A0186A 8BB&CRR. Tract 42, Acres 09083 Describe _ the property Addreee or location of Prorrorry,. 2830 N. Locust Account number, of property. Tax reoelyi number. 036843 OR 9604120038 Nwm Yw pea M+oun! Of Texug 1aIM Flprt N9>♦dl For W*h Raw of the la Re Tax PAW ReMy k RwnMd "ild d To Peyrtw+l Ts.ax Pekl ylaeueaar! Step 3: 1. City nt Denlnn Im 126111pg S 1 AL ro Olye the tax 2. ply of Oantnn 1BQg payment 3. ]L121fl8 t t av »Z S arSl no information 5. (f'f# tjt t Taxpayers reason for refund ( attach supporting documentation): 199! tax was aid In full on 12131198 then on 1112199 another ck was reoelved 02738 resultin In an 111, yment 'I hsraby apG forms refund of me sbowdeaal0ed faxes and derufy argil rain nbrmatlan I new pawn do oils form Is bye end I Step 4: owned to IM beef m It and w*1 II Sfgn the form sign At l++ re here f J p- f l Any person who makes false entryupon the foregoing record shell be subject to one of the 10ow ///ng penaRlos: 1. Imprisonment of not more that the 10 years nor less than 2 years eradlor a Me of not mae than $3,000 or both such fine and Imprisonment; 2, Conflnement In (ail for a term up to 1 year or a Me to exceed $2,000 or both such fine and Innrlsonment as set forth In Section 31. 10, Penat Code. Step 6: Thts tax refund Is: Approved ~Dlsepprovad Tax refund sign sae here I _Z~y mom determinetfon o q x na , app p Cnf over sign here i v REPORT IAKIOIDW 11/0°/99 AT 30:47 O V I R P A V M I N I S. PACE 6 ACCOUNT NO, RICIIPT NO. NAM[ ADORES$ AMOONI STATUS Of PAYMENT 071563600000 08/04106-0011 BOOTS RAIHRYN t REDWOOD PL 331.67 OVERPAY 02469600000 1//04/00-6116 NNOTIC DUN JA 1UEL1111 04 1,04 OV RPAY 03036300000 91/04/01.031{ GANDIR NONNIA 0 N Amami, tY l/3.°O ONARMY 1031[100000 11.0301 fALINAi, 110NL 0 TA [WOOR St pp.48 ppyy11II1PAY 100f~A, 0400 f0%Oi%00.0007 LO►tl=V~Spu[T, AL/0450 11AL M COLT NS ST itl:%1 OVAII!•AY 037°7600000 91104/07-0030 03N0 CHARLE'1 W GLENWOOD LN 0.07 OVERPAY 1031140°000 99/04/07.0037 NlEI~Y, ►A 1P 7C IA A LYNHUR31 LN 0.09 OVERPAY 07607000000 99/04!08.0076 MOULOENj JAMES N 8 TRACY EMERSON LN I, 377.01 OVERPAY 03010,00000 00/°~A%14•°1y37 pM[1!N CANOIDABII HOUSING CORP jOfpAliAtR?fyMprAl~A Npy8P7R °•4SA ~~y 4%_AY 00873000000 OC%Ot%11.0034 III D '4011 •C`M`[1 3040 N, `jM[pCU*11111 f 7LfR T 10.5 OYIR1 AY j 03614300000 0[/01/13-003° NOp HtPbI T 111 L O 03113100000 09/04113.0106 WINO GARY 1 A DILORIS J TYLER 17 131.04 OVERPAY 03084500000 04/04/11.0639 LUST !A, CONSTANCI SYLVtA IXIC HILLCAIST ST 3,00 OVERPAY 19691100000 9l/04114-0041 SHOAT, K11TH l CAROLYN JOHN DA 1,93 OVIAPAY AY 03199000100 f1/94/ 3s H119, UM6Ll a Pt OAN E Flljj:lAl 100000 /7 OLN, IyIARM 8 MY ` tr t 1 L /740 S 0 91/040 1 II RNpp[ l `f SAO oo 60100000 0%04! i JBSSON. M ELLLIIN « TPANE 0 1 :f1 AS 03790300000 80104/79.4466 SPINCIA OLIN S MAYHILL 00 all .01 OVIAPAV 90171100000 98104/16-0101 91YL•0•IIAMA BIAUTV SHOP E 101003NNEY E A 0.31 OVERPAY 19646700000 97/04/7{•0130 POSTt R, OUINCY C WHITEFISH OT 40.60 OVERPAY °7131 800 0 8/ 4/11• t OA[rPEN AM! A. Al fppp C VP AY ' 03°6070000000 0!10 {J 117.0000 ~tCYX ert ~yAiA,`1le►T10J9ANNn T, NATHIRt 3 10 PO f a RBAY 0334x300000 t1/1 /!0-Dlj1 OIII ENf OAY10 P 8 7T 0:01 ~V1R PAY 19637900000 99101/11.0377 VISTA bAX5 DEV LID 1,373.94 OVERPAY 07687800000 09/O4/39-0474 NICHOLS, DAVID M FORT %OATH DR 0.01 OVERPAV 17593300000 00/04/29.0951 OWINS, JANE ROYAL OA11S CA 316.11 OVIAPAY 90057000000 f9/ / 1.0014 0 6 0 7RACrON 0 rr A TH OR 341: OVIRPAV 81490 0000° 98/00 0/0 D 77F!AA NtV AN I 0 / 3 N 3L 4 10 11 1 .11 IN AUTO 5 V 44 11113000000 0%00%O' 00873 3 BtIlP UF1t ALA8R0fINICO TON SALES i TOWS w 7 R 3 7V0D 3,4701 OV OIRIAAY 91814300000 98/0°101.0043 JAMES W000 AUTOPARN f 9.364 4,601.37 CVIRPAV 91178700000 06/00/01.0045 A A A MOTOR OERNANO /B 11 9.06 OVINPAY 81711200000 01101/01.0019 GOLDEN TRIANGLE RESTORATIONS DLOT AL~1LAS OR 87.99 OVERPAY 0194410 0 to IS 00D0 981011 e61.OOST 1108147'0 `AAUTO WORLD [M RTN OR I`f,s p~~yyV IT OI 080?004000 00~0C00/07 .00 110 a BoyNINtV'O U 1AAObV061 1 SALES NII :B T,.. 3!so 4 AV /.A OV HAV 7011111 WOATH OR Il. OV APAV 9121/4100000 91/01101.0064 11MMEAIN NUBOTA A EQUIP ING N LOOP lot 91.41 OVERPAY 03117700000 91/06101.0067 CLAYTON ESTATES a Mp1~C.I`N11N~NEY NICE 11.050 OVERPAY 035 90013340000 98/09/01.0108 SAIL[ BEAUTY COMPANY DD NOR 11147947130000000 Wtl R0PAV 1/08/0!•5103 [VAN11, N1TANLEYR O LTAI mL AN MILLER llM ITM0M 10° 14.76 041 93010000000 t8/01!03. 0 7 OUIBACM HAIR { c~ Apeade No Aper& Item Date AGENDA INFORMATION SHEET AGENDA DATE: December 7, 1999 DEPARTMENTt Fiscal & Munici»l Servlcee/fax ACM- Kathy DuRose, Assistant City Manager of Fiscal and Municipal Services SUBJECT: Consider approval of a tax refund to Lereta Corp. for Jeffery W. Dixon, The 1998 lax was paid twice, resulting in an overpayment. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requi., es the approval of the governing body of the taxing unit for refunds in excess of $500.00, 1998 tax for Jeffery W. Dixon was paid twice. Once on 12/31/98 by check #108698 in the amount of $560.66 and on 1127/99 by Lerets Corp., check 0727209, for the same amount. This resulted in an overpayment of $560.66. All documentation necessary for refund is stiachod. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $560.66. Respectfully submitted: Nana Ortiz Director of Fiscal Operations Prepared by: a Carolene Folse evcnue&Tax Anelyst r i f 1 , r Sep CC 24 ~(9~»911CC N11 S ts~~26a LERETA Corp. 162b1915-4045 Pit A14Lftr.M I 10;41.6 {t1iV~rit~Vr~V 06N xD.r {lf7fi 117 T I~•I1.97 Iluyq I,a7 r=q -4-ft f Ct71'OF Dr ON TAX OFFICE Cf OF DENTON , 'rMi 1 •w IM X601 E. HICKORY SUITE F DENTON,TX 76205 To a t for a Mc refund, the taxpayer must axn ete the lollowin Q40 34t~83tE i to ~~vt JEFFEAY W MUN ` ~ RRt7" Dwror'I -arse 301 SANDPfp R aid e4or'ss DENTGN. 7F)VS 76205.8017 Stap 2 ;yal *wl;!w tar of c40y co K11 In rM or t1, *OW~1 Trrrber Oaks Est, Back a Lot 23 thscr~ya The p'0014y A.:~e~f «I.~ran olproooT 9015ar+dplpe,~- ' A.•rom ~t vnoer or prry1. ty ifr rlpr0l hurt M^ 3:172 OA 9ewZ7t)100 Dift Ot p.Yp V'+i Prae NT{~ fN +.rc~ rruy .X r". 4'" Mcv1 1 ~,Q r, 4pw+e y tarn 111E TO lbd"r! T•tia.,,o W ANub S'ep3 1 CtiXgLotru 1S." 11112mt1 f-.r_._S40.S6 i Give the tax 2.Oty auonluo Load I Y211A~ i ~p 6fi tee ea Daynenl 3. nfOrmaDt;tt S Taxpayer 1 raasc~ rnr ranNd l at'Irf fuor0lvy dorun ontiW. r i~a0 tax Ivan W IA htR On tb31M ~ . b ck #1086%, than on t i27t## rltalvad ak 1127209 from Ibma layte0a Sank rasellln# In M evv a monl ra r~'~oy i.~' 1 M ea ruM J rxt iaf rl4rsv,EaS d ul a b Step l oa'Z b m1 a{al a .,e~eapr spa (e~w. . aMh Nt nrwmNa r Pwn on he brm 1 eu nq 3 Y, D u form sign hale . .4 14, 41PA &AA Al1 Mrfpn wpM To", c fq f MI. ,ion 7* forego.n0 roccr7 sti an ix ukjocl'a ve of the totkrwkv per.": `l r t impwIWentofn,.t.ronrhotIh 1)y4NrsnorIt"tan2i0anmCror7AneofnotfmrtRanj5.0000,Wet ' / such rig a era ATWISOnrreV, 2 C'o+I•rV^. MI n.' ta5 fW a IIn11 Up k 1 Tea• Of 4111146 b axeeao U M Or botr wcr+ find and rrr isrYrrrMnl as tot f.wtr ,n SecDOn 37, S0. penal c me Skp 5 11s tax rer;,rd is lopeoved =erslfpprovad f 7 r a„va~•.e .m kr . r Tax ref.tn S,SM nere l IS~IG~ 4ckrmlrwnon s tii0r9_ :~•it) r nrr~a rnrt.1 n u+a Ierra+w`. r.« ~ 1.---- _2_ i. REPORT TAKB04DW 11/01/09 AT 50:47 O V E R P A Y M I N T 3 PAGE 9 ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS Of PAYMENT 01683600000 96/04/06-0015 BOOTS KATHRYN I. REDWOOD PL 731.67 OVERPAY 05460600000 9//04/06.0194 4NO114, CON JACQUELINE 04 1.00 OVERPAY 03050360000 •B/04100•Oitl OANOE9 ROk7110 0 N 11ARROLL OV 147.04 OVERPAY 10706640000 !104106-030 SALINAS, LION L 0 Ag"IM000 0f 0.40 OVERPAY 10!01600000 N1O4/04.0061 10012-VM90Ul Y, ALFONSO ITAL 0 COLL MS St 19].07 OVERPAY OI567600000 00/04/07-0010 KING CHARLES ■ OLLNW000 IN 0105 OVERPAY t031t400000 98/04/07-0031 NIM Y, PATRICIA A LVNHUR87 LN clot OVERPAY 03503000000 91104100-0014 MOULDEW, JANIS M E TRACY EVERSON Lk 377.01 OVERPAY 10114300000 11/04/0/•0111 OINION AFFORDABLE NWSINO CORP EV+ER Olost N L 9-4 7 .44 OVERPAY a3010040000 p/04//1.011f Will T1, LAN01 MQRF 1ARB TR fO Ca UMY 1035!900000 9t/H11`•0130 COLLINS, NARK 0 R R0I 09 4071;{ 9" IR►AY 03613000000 19104117.0031 RE DI NO L I F TON p p~AM{R ty P. e4 RPAV 03614300000 99/04112.0036 NORHTPbi NT APT LTD ROD ST ST 1.604.Oi OV1 RPAY 03163100000 9{/04/12-0106 KIND, MARY f 4 O/LORIS J TYLER !T 171.44 OVERPAY 03094600000 14104/12.0630 LUSTER, CONSTANCE SYLVIA [AEC HILLCRE31 ST 7.00 OVERPAY 19501000000 80/04/14-0046 SNORT, KEITH A CAROLYN JOAN DR 9.63 OVERPAY 03116600000 0910014.0077 ONtIO, I1Us6ELL ■ "mile OAR QQii 319. OVERPAY 6107970p00 09/04/14.0061 NILON, URN 4 ANY If Mf/t L 0,36 OVIA►AV 0 a ItOtel00000 99104 119-0 14 Ilooll[, 170113/e It - rAt~~. /A RI[ 0 x.10.61 OV6APAV 1 11, 016o0oa 994 as it OR. JANMY 11 As { 61 0.0 OV a AV 19074100000 011/04/20-0034 JOHNSON, M ELLEN ELLSSONPARK O 10.76 OVERPAY 03700300000 99/04/26.0095 SPENCER OLIN S MAYNILL RD 710 R 00172100000 68104/25-0107 STY1.O-I{AMA BEAUTY SHOP E MCKINNEY A A 0.7711 OVE OVI RPAY PA 11644700000 10104/26-0136 FOSTER, OUIkCV C WHITEFISH C7 40 JB OVERPAY 97131100000 11/04!71.0141 ORIFFIN, JAMES A. sII 0. PAY 07117{0p00 16/04/l7-0p 0 01 ON J/rf``AV11661104911, 9AMW~9 WHERE ` Oi • pl' PAY 1163100soo 191967AA A. COUIILOS4 J wA • OOt 0 01 1 4:1 RPA7YI 03000000 0 fi4fB st o7e Y, s `(t, MMM 03344300000 Do/04/11-80240 C1f EN[ OAVI6 P A 1 E[FAIL EST 0EIRI►A1' 10632000000 9810 4 139-0332 VISTA BANS DEV LTD 1,323.84 OVERPAY 05602800000 00/04179-0434 NICHOLS. DAVID M FORT WORTH DR 0101 OVERPAY 17693300000 96/04/!9-0619 OMENS, JAN[ ROYAL OAKS CR 7/e16.91 OVERPAY s0087s00000 Be/01/ 1.003 0 • 0 TRAIOR. to !B 92. 6 QWV0 04Y 91.100300000 to/00/01.0 32 2 MOMTERRIY CAR CO II[[ Q0!LI' 11141so* 00 991011 1.0030 19309'8 AOTO BALI/ Lou R Y 1 /9. 7 3 AY 014e1600S00 90/06/01.11031 71fOM►BON L4tD3C MOTOR SAM 4 709! P M 011111! ' t~ 4 6 PAY 9/461600000 So/06/01.4 39 BILL UTi[ FORD INC I NI R 17Y 0 3,473. R VI PAY 81694300000 02/00101-0043 JAMS 0000 AUTOPARN a 1.399 4,402.37 OVERPAY 11679700000 94/05/01.0049 A 6 A MOTOR 6!91010 09 ST 9.90 OVERPAY - 01714900000 84106101.0017 OOLDIN TRIANGLE RESTORATIONS DALLAS DO 87.91 OVERPAY 91/44900000 01 /07f01.OOS7 Ap8/ L RT'S AUTO 00410 Is, ;`TN N 766 ON0,61 61216100000 98100101.00 0 / S~1 L 3 /1 01870400000 p/0e1 1.0001 CV rij TE 69 e 1Je'200000 !0/Ofl01.007 It INRV AUtOMDO3l1 GALIO O TDR st%.~1 CPAY 15059500000 29/06/01-0016 IMPORT AUTO SAL VA I 83106100000 81101/01.OOtt 21MMIRin KUBOTA 4 EOUI► tNo N LOOP 768 21.41 OVERPAY 85107200000 II/06/01.0087 CLAYTON IS WIS I MCRINN[Y *106 51.00 OVIRFAY 03587300000 61/011001.0116 NUISMAN 09V CORP ITAL LILLIANi'MILLER 14.76 OVERPAY a OF 20 ALL COM 06s10S00too N%00%06.00407 lVAM0C0 9T0g1[Y PAMY a0LN001111~IN 0,07 TWO ~IY P l IN aa~ ti Apsnda No - AGENDA INFORMATION SHEET Agenda Item Date AGENDA DATE: December 7, 1999 Questions cone ng this acquisition may be directed DEPARTMENT: Materials Management to Ed Hodney 349-8271 ACM: Kathy DuBose, Fiscal and Municipal Services, SUBJECT: An Ordinance accepting competitive bids and awarding a public works contract for the construction of Baseball Field Lighting Facilities; providing for the expenditure of funds therefore; and providing an effective.. date (Bid 2423 - Mack Park Baseball Field Lighting awarded to Groves Electrical Service, Inc. In the amount of $117,960). BACKGROUND. (See attached Tabulation Sheet) RECOMMENDATION: i We recommend Bid 2423 be awarded to the lowest bidder, Groves Electrical Service, Inc. in the amount of $117,960 including the deduct for alternate one in the amount of S21,000 for Hubbell Lighting fixtures in place of G.E. Lighting fixtures. ESTIMATED SCHEDULE OF PROJECT: Construction is scheduled to be completed in 65 workdays after receipt of a purchase order or the second week i1 March 2000. FISCAL INFORMATION: i This park improvement project will be funded from Parks Bond Fund account (462-031ATHL- 9946-9101). BID INFORMATION: This project consists of labor and materials necessary to renovate the lighting on three baseball fields located in Mack Park, The project includes removal of 128 existing lighting fixtures from 60 and 70 foot poles, removal of existing wiring, removal of panels and switches, providing and installing all new electrical services and providing and installing new 1500 watt metal halide sports lighting fixtures. R~Spectfully su itted: i Tom haw, C.P.M., 349.7100 Purchasing Agent Attachment 1: Tabulation Sheet 1300 AGENDA i r I ATTACHMENT 1' TABULATION SHEET BIDS 2423 DATE: 1118198 MACK PARK LIGHTING No. QIy.I OESCRI ON VENDOR VENDOR CBS Groves Sv03, Mechanical 1 TOTAL BASE PRICE 11138,960 $186,742 2 TOTAL MATERIALS INCORPORATED IN PROJECT $75000 $118,742 TOTAL LABOR, SUPERVISION, b 3 MATERIALS NOT INCORPORATED INTO $63,960 $88,000 PROJECT 4 ADDENDUM / 144USSELL SLS-1500H ~ $21,000 Delete (ADDIDELETE) $10,000 5 BID BOND Yes Yet DELIVERY 65 Days 140 DAYS A~ O f.. I t ti ORDINANCE NO. _ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF BASEBALL FIELD LIGHTING FACILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2423 - MACK PARK BASEBALL FIELD LIGHTING AWARDED TO GROVES ELECTRICAL SCRVICE, INC. IN THE AMOUNT OF $117,960). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Rid 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 NUMBE $ CONTRACTOR AMOUNT 2423 Groves Electrical Services, Inc, $117,960 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 famishing of performance and payment bonds, and insurance certificate after noti Station of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. ~ A ~f c: SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council bereby 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 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: BID 2123-CONTRACTUAL ORDINANCE (try . I f t. I ~ Aoenb No. AGENDA INFORMATION SHEET Apo a Item /112 AGENDA DATE: December 7, 1999 Questions cone acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349.8487 ACM: Kathy DuRose, Fiscal and Municipal Services SUBJECT: An Ordinance accepting competitive bids and awarding a public works contract for the construction of roof repairs; providing fc. he expenditure of funds therefor; and providing an effective date (Bid 2430 - Reroofing the Denton Electric Production Plant awarded to CBS Roofing Services, Inc. in the amount of $45,500). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend Bid 2430 be awarded to the lowest bidder, CBS Roofing Services, Inc. in the amount of 539,000, plus $6,500 for the alternate item, total bid award is $45,500. ESTIMATED SCHEDULE OF PROJECT. This repair project is scheduled to begin within 10 days of notice to proceed and to be completed within 10 workdays. FISCAL INFORMATION: Funds for this project are available from 1999/2000 budget funds. BID INFORMATION: This bid is for the replacement of an approximately 4,800 square feet area of roof at the Denton Municipal Electric Production Plant. The contractor is to provide a coal-tar extended elastomeric built-up roof system with a fifteen (IS) year materials warranty. The alternate items include the hook-up of drains on other sections of the roof replaced under separate contracts. Respectfully submitted: Tom Shaw, C.P.M., 349.7100 Purchasing Agent Attachment is Tabulation Sheet 1311 AGOMA G= v ATTACHMENT 1 E TABULATION SHEET t ~ Bid 2430 Date: lilt 89 REROOFING ELEC. PROD. PLANT No DESCRI VENDOR VENDOR VENDOR VENDOR VENDOR CBS Roofing Inc. CEI Roollnp J 6J ROD" Madan Sh;dd I ` ` ' ~ An Services .r I, I Bid Base- Reroot Ana A: Total $38,000 $41,796 $44,000 $49,888 $55,000 emate i k up ro rte on adjoining roof areas: Total $8,500 $16,790 $11,000 $10,750 $7,500 BID BOND YES YES YES YES YES GRAND TOTAL $46,600 $68,685 $65,000 $60,818 582,500 i / i ll t I t ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF ROOF REPAIRS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AND EFFECTIVE DATE (BID 2430 - REROOFING THE DENTON ELECTRIC PRODUCTION PLANT AWARDED TO CBS ROOFING SERVICES, INC. M THE AMOUNT OF 545,500), WHEREAS, the City has solicited, and received competitive sealed 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 respondent for the construction of the public works or improvements described in the bid invitador, and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive sealed bid for the construction of public works or improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid eumber assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBE CONTRACTOR AMQ,U 2430 CBS Roofing Services, Inc. S45,500 SECTION I[. That the acceptance and approval of the above competitive sealed bid 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 III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts arc made in accordance wit.' i the Notice to Bidden and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive sealed bids and the execution of contracts for the public works and improvements as authorized herein, the City Council A r 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. a c. ' I SECTION V. 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: HERBERT L. PROUTY, CITY ATTORNEY BY: SID 1474 - CONTRACTUAL ORDSNMCE (I I r k I 40 n I 14pemia He o AGENDA INFORMATION SHEET Dp nda Item _ AGENDA DATE: December 7, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Kathy DuBose, fiscal and Municipal Services SUBJECT: An Ordinance providing for the expenditure of funds for emergency purchase of materials, supplies or services in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding and providing an effective date (Purchase Order 01364 - Oscar Renda Contracting, Inc. in the amount of $67,355). BACKGROUND: The existing 12-inch Sewer line crosses Pecan Creek in the vicinity of the Pecan Creek Water Reclamation Plant. This line was found broken and wastewater was spilling into Pecan Creek. On discovery, a temporary 12-Inch line was installed on the same day to prevent any further discharge of wastewater into Pecan Creek. The sewer line installed is temporary construction. The Water Department designed the sewer I crossing and prepared the drawings for Installation of an l8-inch sewer line crossing of the Pecan Creek. The I8-inch size will cant' the projected wastewater flows through the year 2020. OS: ar Renda Contracting, Inc. is currently doing similar creek-crossing projects on Hickory Creek for free creek crossings for The city of Denton. The Water Department asked Oscar Renda Contracting, Inc. to provide a construction cost for the Pecan Creek Sewer Crossing. The contractor has estimated the project at S67,355. The estimate provided by the Contractor is in agreement with the unit costs bid for the Hickory Creek Sewer Crossings. RECOMMENDATION: We recommend Purchase Order 01364 to Oscar Renda Contracting, Inc. be approved in the amount of $67,355. ESTIMATED SCHEDULE OF PROJECT: This emergency repair is scheduled for completion In 60 days from November 9, 1999 on 4 approximately January 10, 2000. FISCAL INFORMATION: This emergency reconstruction of a sewer line crossing on Pecan Creek will be funded from 1994-2000 budget fund account 625.082-0471.ZO03-9138). i Agenda Information Sheet December 7, 1999 Page 2 PURCHASE ORDER INFORMATION: This emergency purchase order is for the reconstruction of a failed 12-inch sewer line crossing on Pecan Creek. Included in the project are approximately 80 feet of 18•inch steel sewer pipe, 60 feet of 12-inch to 18-inch gravity feed pipe, erosion control, a S foot concrete manhole, reinforcing piers, geotechnical design and miscellaneous excavation/site preparation. Emergency purchases related to public health are exempt from the bid process per meter 2S2 of the Texas Local Government Code. Respectfully submitted: Tom Shaw, C.P.M., 349.7100 Purchasing Agent Attachment 1: Purchase Order 01364 to Oscar Renda Contracting, Inc. Attachment 2: Cost Proposal from Oscar Renda Contracting, Inc. 1302.AGENDA J i k . ri C, 4. 4 PURCHASE ORDER NO: 01364 THIS IS A xxx This na iltsr muss appw on all calm" 0. invoices dsuvwy slips, Saes, OF MAFIKED1 cins., burn, packing sips wd WNs. DO NOT DUPLICATE 184 Na Bid Na D" 11 Ito 99 Page No. 01 CITY OF DENTON TEXAS PUACHASMIO OMMON 1201-9 TEXAS SMR I DENTOTK TEXAS 75201-4354 ► 9401349-7100 WW METRO 8171367-0042 FAX 9401349-7302 .MOOR OSCAR RBKDA CONTRACTIKO IKC Visit the City of DentoWs Webs118 st www,eNyoldemonewn aME/ 522 BBNSON LAKE OEIIYERY CONlIRNATION ONLY C50 JRFSS ADDRESS W/NY ENOINEERINO ROAMOKB Tx 16262 901-B TEXAS 87 DENTON TX 76201 VENODR NO, OBC49000 DELIVERY DUOTED 12 01 99 FDS DBSTINATIOK SAYER DR TOM 101 67355,000 {S VENDOR CAT. S K / A NFQ NAME 1.000 671,335.00 CITY 18100 PECAN CRICK 82NER CROSSING ENENGENCY CONSTRilCTIOK IN MIX TOTAL I 67,355.00 01111111i TOTAL s 67055.00 n Ol 625 082 0471 2003 9138 67,355.00 IEMpg N111 11MKT1alfi i I Ifni fir - 1 6*4plinyt kdNo 30 Nwhoo vwcWst F.O.S 0n1,WW K kwn a«.n, +r.,a.m 6N M tAs`astsa 4f~ 'T 61 1. No lewd 1rs seem sail up sm k k~ie1M 0 Plot ~.aras.~! 4211 r, I ATl'ACMMIIT 2 Pnoan Creak Sanitary Seww vacation UVoIk "Nallie SW N No. ~ BID TABULATION SHEET P.O. No. t+as aft Unit prise Total IMMEMMEssm we* 3 Itoaos u«er1 Nootit Usk Uah prise row f 1.21 Cootractm Waraades 311edentand' 1 LS s 31to - U S - 2.12.9-D 1904S' Thick Steal Sanitary Sawa • Epoxy Lined 80 LF S /S.F S ZO QG9~ Pusher Bonded I-T 2,12.14-A 12 S"IbUY Sawa Gravity, SDR 26 40 LF -L I r,- Q /LF S~ .12.14-13 19' Saeimy Sewer Gravity, SDR 26 20 LF S J 8Q A.F S 3 3.1 Uwkwfied EvAvmdcm 60 CY S15- /CY S - 3.7 COMPWW Fill !0 CY s20rcy s2w- 112 Tam porary Ems" Coatrol 1 LS S 55w- As $ 7.6•A-1 Coaxate Msnhola S' Interval Dimmer) 4 EA S 500C;0- /EA S 7.6-B-2 Reldomin Piers- iii' Satt' Sawa 60 LF S145- ILF s8 - SP-10 !i2! EVAVKion *140LF Cy $15- /Cy S SP-37 Excavation Protection S ILF f SP-39 PI the Pro I r Sanitary Sewer 111W /EA 5320- SP-40 Cut and Plug Existing Sanitary Sewer 2 EA S 2GXj EA S4m- SP41 Mows Sanitary Sawar 105 LF s /EA $630- SP-72 Geotechoical Desi I LS 5 R S s sabtotal: sG~ 35 tm TOTAL BID PRICE IN WORDS aat% 5*.Vt1.1 ~"tiot tyr4t lD T ` y j, i~~ n .-1r'Tr 11hL . A~ as G I ure _ I r r I~I ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING AND PROVIDING AS EFFECTIVE DATE (PURCHASE ORDER 01364 - OSCAR RENDA CONTRACTING, INC. IN THE AMOUNT OF $67,355). WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $15,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necesFity of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the emergency conditions outlined in the on file in the office of the purchasing Agent, incorporated herein by reference being in compliance with the requirements of Chapter 252 of the Texas Local Government Cade; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" referenced herein and on file the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER VENDOR AMQUNr 01364 Oscar Renda Contracting, Inc. $ 67,355 SECTION fl. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requiremients of competitive bids. SECTION 111. This ordinance shalt become effective Immediately upon its passage and approval. 7 i I , PASSED AND APPROVED this the _ day of 1999. i _ I JACK MILLER, MAYOR { ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 01361 EMERGENCY PURCHASE ORDEILORDIANCE i 1 ~ t I ` I i I Agenda l~l~_ 99~053~____._ AGENDA INFORMATION SHEET Agenda Item Date AI 1NDA DATE: December 7,1999 Questions concerning this acquisition may be directed D YARTMENT; Materials Management to Sharon Mays 349-8487 A M: Kathy DuBose, Fiscal and Municipal Service S!'BJECTg A Ordinance accepting competitive bids by way of an Interlocal Agreement with Collin County at I awarding a contract for the rental of pager service; providing for the expenditure of funds e .refor; and providing an effective date (Interlocal Agreement File 2437 - Pager Service Collin C unty Interlocal Agreement awarded to Air Touch Paging as listed on Exhibit A of attached o ]inane, estimated Wtal annual expenditure $50,000). jl LCKGROUND: 0 u current contract for rental of pager service expires December 31, 1999. The bid awarded by C 11in County (99-02.049) to Air Touch Paging offers the best services network and lower total c( st to the City of Denton than other companies offering pager services. (See attached tabulation s' :et of Collin County bid responses). The lower offering by PageNet was rejected due to an it :omplete, bid response, I SCOMMENDATION: e recommend this contract be awarded to Air Touch Paging for an estimated annual e penditure of S50,000 and that the option to extend for two additional years be approved. I iTIMATED SCHEDULE OF PROJECT, ' i it Touch Paging has agreed to begin the change over of pagers on December 8, 1999 and be c mpleted no later than December 18, 1999. J UOR ACTION OR/REVIE)Ji The City Council approved an Interlocal Agreement with Collin County on November 16, 1999 Collin County approved the bids and awarded a contract to Air Touch Paging for rental of pager service In June 1999 i ISCAL INFORMATION: ental of pager service will be charged to the Individual using departments budget. O ' _ f t r~ 1 Agenda Information Sheet December 7,1999 Page 2 I I INTTE GOAL AGREEMENT INFORMATION: Collin County solicited, tabulated and awarded bid 9902.049 In June of 1999 to Air Touch i Paging for the rental of pagers. The contract extends through September 30, 2002. Individual services are listed on attached tabulation sheet. Respectfully submitted: Tom Shaw, C. P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet IM9AMNOA I i c NPf11CEPOMP 1 P"w Compirhm Numxk Pa A]rTcuch Melrocell E~d•nalon Fids'ebn EaenNon lausaft P lec. P Net AlrTouch MWOCM PNO Local 5o $2.75 $2.95 $3.66 $13Y.50 $147.50 $182.50 Statewide 50 $5.75 $5.95 $287.50 7.50 $0,00 R I5" $15.96 $14.95 $0.00 10,00 $0.00 Nadonwlde 8000 $11.95 $27.95 $30.95. $0,00 80,00 $0.00 3m* cap 2ewar- 10 $0.00 $2.00 $1.00 10.00 $100.00 $50.00 4 $10.00 $40.00 $0.00 $0.00 $0.00 $0.00 $0.00 00 $0.00 $0.00 Alpha Numeric $0.00 $0.00 $0.00 AirTouch hllellocab P Pape Net local 300 15.75 $5.50 16.85 ps, $1,850.00 $1,995.00 Statewide 200 $8.75 $0.50 $6.86 $1900.00 $1.730,00 R al WN $16.93 $29.95 $0.00 $0.00 Nationwide SIM .90 $37.95 $59.95 $0.00 $0.00 News Broadcal 500 Nc Nc Nc dwo 300 $0.00 $2.00 $1,00 $800,00 $300.00 Group Chuge 15 $10.00 $0.00 $0.00 Custom Greetl 300 $0,50 $1.00 $150.00 1300.00 $0.00 Email Address 500 Nc Nc Intemet SBe paging No lisp Sw!' T4ghww wammw~ rvow-W 100 $0.50 $1.00 $60.00 $100.00 $0.00 -pop B" PMT' row" wsoaraw.uw 100 $1.00 $1.00 $100.00 $100.00 $0.00 Voice man 60 $2.95 $4.fA $147.50 $100.00 $0.00 Voice mail 5o $3.96 $5.00 $197,50 SM-00 $0.00 Volpe mail 50 $4.95 $10.96 $247.50 7. $0.00 \ Nimbr d YioARJdrad 4I 100 $0,09 10.00 $0.00 ovr 5000 $0.10 $600.00 $0.00 $0.00 Insunrroe 000 $1.00 $2.oo $1.00 $800,00 200.00 $800.00 c Nc $0.00 Wad wo • I $0.00 .00 $0.00 AWT P I Inc. Page Not $0.00 .00 $0.00 $0.00 $0.00 $0.00 00 0.00 $0.00 $0.00 $0.00 $0.00 ! Totals Monthly $6.062.64, $7.49250 $4.857.50 Yearly $72,194.00 $10.910.00 $68,290.00, t I ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN iNTERLOCAL AGREEMENT WITH COLLIN COUNTY AND AWARDING A CONTRACT FOR THE RENTAL OF PAGER SERVICE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (INTERLOCAL AGREEMENT FILE 2437 - PAGER SERVICE COLLIN COUNTY INTERLOCAL AGREEMENT AWARDED TO AIR TOUCH PAGING AS LISTED ON EXHIBIT A OF ATTACHED ORDINANCE, ESTIMATED TOTAL ANNUAL EXPENDITURE 550,000). %VHEREAS, pursuant to Ordinance 99-417, Collin County, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Collin County Cooperative Purchasing programs at less cost than the City would expend if bidding these items individually; and WIIEREAS, 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 servic ;s approved and accepted herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent are hereby accepted and approved as being the lowest responsible bids for such items: INTERLOCAL AGREEMENT VENDOR AMOUNT 2437 Air Touch Paging Exhibit A SECTION IL That by the acceptance and approval of the above numbered items set forth in the attached Exhibit A, the City accepts the offer of the persons submitting the bids to Collin County for such items and sprees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with Collin County (Bid 99-02-049), and the purchase orders issued by the City. t. SECTION IN. That should the City and persons submitting approved and accepted items set forth in rlie attached Exhibit A wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Collin County, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be filed in the office of the Purchasing Agent; provided that the written contract is in accordance w:th the terms, conditions, specifications end standards contained in the Proposal submitted to the Collin County, quantities and specified sums contained in the City's purchase orders, and related documents heroin approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items set forth in the attached Exhibit A, the City Council hereby authoriz.s the :xpenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized bereim SECTION V, That this ordinance shall become effective immedialely upon its passage and approval. ~I PASSED AND APPROVED this day of 1999. JACK MILLED, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 1437- (Collin County) iNTERLOCAL COOPERATI VE PURC"5INO ORDiNA NCE t 1.99 i c fir! 6 Air arch a0 ~e atta In or, Or 4` ~ 10.00 01141 i00 0.75 a mo Ts ac.nr.'.. moo 1a $10.00 aaarwr $o.eo 7d~y $0.30 a. r~rr Now 100 $1.00 oia MM a0 1a a6 MM a0 q dYrlMiy ,9a /r rwr wr 10.10 .06 1. , Toby I Y"*v fi t. Apatdl No. '053 AGENDA INFORMATION SHEET Agenda 1lem 0ato AGENDA DATE: December 7, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Cary Tower 349-8424 ACM: Kathy DuBose, Fiscal and Municipal Services ;I SUBJECT: An Ordinance of the City of Denton authorizing the City Manager or his designee to { execute a purchase order with the Houston-Galveston Area Council of Governments (H- OAC) for the acquisition of a Street Sweeper by way of an Interlocal Agreement with the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date (Purchase Order 01742 to H-GAC in the amount of S136,218,78). BACKGROUND: During the 1999-00 budget process, Council approved the funds fo. the acquisition of a street sweeper. The Houston-Galveston Area Council of Governments (H-GAC) has an annual contract for street sweepers that tweet our specifications. The supplier is STM Equipment Company in Arlington, Texas. The manufacturer is Elgin Mfg. RECOMMENDATION: We recommend Purchase Order 01742 to H-GAC be approved In the amount of $136,218.78. ESTIMATED SCH -D Vt E OF PROJECT: The street sweeper is scheduled for shipment In March of 2000. PRIOR ACTIONMEVIEW (Val "ell Board~QMMQg~]; An lnterlocal Cooperative Purchasing Agreement between the City of Denton and H- OAC for the acquisition of equipment, supplies, or services was approved by Council in 1995 (Ordinance 95107). FISCAL INFORMATION: Funds for rids acquisition will come from Motor Pool Lease account (720-025-0584- 9104). Ar i n cC' f Agenda Information sheet December 7, 1999 Page 2 i I PURCHASE ORDER INFORMATION: H-GAC has solicited, received, and awarded bids for an annual contract for construction equir similar to the equipment on this purchase order, The unit requested is a Elgin Eagle Model F4 Mecharkal Street Sweeper, with r!ual side boom tilt and reach, front spray bar, conveyor stall alarm, rear flood light: carbide dirt shoe runners and extended warranty. The equipment will be assigned to , Drainage Division and is a fleet addition. I Respectfully~su\bmitted- Tom Shaw, C.P.M., 349.7100 Purchasing Agent Attachment I: Purchase Order 01742 to H-GAC Attachment 2; H-OAC Price Sheet 1 bI AGMA i , t,1r\ V I I 4 t c~ PURCHASE ORDER NO, 01742R THIS IS A This number must eppesr on 101 CONFIAMINB ORDER involcot doUrery slips, cases. IIE MARKEDI tins, boxes, pecking slips and bills. 00 NOT DUPLICATU b. ~n Req. No Sid No; Date 11 22 99 Ppe No, 01 p CITY OF DENTONf TEXAS n PuFrKA0 TEXAS 9 0113 7100N DIFw WETREO 81712670042 FAX 9401349 7302 4354 VENDOR H-OAC Visit lee City of DentoKs Web ile st WWW.Ciyoldomoncom NAME/ P.O. BOX 22177 DELIVERY FLEET SERVICES 014 ADDRESS 3555 TIMMONS SUITS 500 ADDRESS HOUSTON TX 77227 804 TEXAS STS DENTONx TX 76201 VENDOR 140, HOA49000 DELIVERY OWTED 12 10 99 F08 DESTINATION SUPER TS TERMS MuNuffm 001 1.000 EA VENDOR CAT. 1 N / A MIG NAME 36x218.780 136,218.78 + CITY A 8100 ELOIA 8AOL8 r 4-WHEEL MECHANICAL STREET SW89PER I 1 P 08 TOTAL s 136,218,78 OR ND TOTAL s 136x218 78 G 01 720 025 0584 9104 136,::18.78 i ! YISAOA 14STAUCI10Nt ~ Terms • Net 10 10", '"*'o 101111.U f 1. ieM Nlllnd twelve with 64II&A t*. 4. Sh!" Insvuetlent: FAR. Gslinstien Fr w.,, .e..~.x r.is.,l 1 lill h • 1{ Ln hKy" tL I { No Ishrel to awto was us 1W N int 11 I a es rq w s j ! In vice$ bil" 1}7"14+, t?l 111 L111! i ATPAt EMM 9 II PRODUCT PRICING BASED ON CONTRACT HE s 'F'~~ The joJlowlnt delaJla a front an ~rrd Uta to H~lG End User Ageaey: The city of Daetoe. Tms Data Prepared by COEtraetor Amrad 19.1999 I Product Dauiption...& M Eggle F 4AMml MoM nlcel l31~ SwMD!!r A: Base Price In SWropoal Nember SW",01 Serks C y S 69.234.04 B: PubbW Options jlremin lekvj Swd bi t SC 1000 Cnalls 546,1211,~ _0= wBoud - S 9140.00 Auto Luba Syltom•Truckk Saver S 4190.00 Subtotal Column 1; S 11.!7800 hWkbed Opdoee added to Base PH" (Srb/oW of4W !d +4COW) s 51371,M C: Subtotal of A+9 -o S 119.612-00 D: Unpublished Optioat j:ow^ a b#kv) Uopubmad • % NOTE: Uapablhhed 00oas anawl b# used to erals aeetLtr nodal. Q W Side Broom Side Tih S 2110.00 $alood Llgbt s- l3s.o0 S 2030.00 AjQ&WIpSht d-Uoyproteiloo S 520.00 Dal Side Broom Preuum Osaet s 365.00 Carbide Dirt Shot X=ars S 510.00 Front Spav Bat S 115,00 5 Yeu Parts A_ed Labor W MU S 7500.Q0 , Conwevor_5ta11 Alarm S 375,00 Spay Water Fill Gauge S 410.00 Subtotal Column 1: S 3435.00 Subtotal Column 2: S 9.095.00 UepubllAod Optkea added to Base Prite/Sublolol of.461 ld +ACol,7d/ $ 14332,00 Et Contract Price Adjustment f f any, opkrn Am] S F: TotalorC+D+f-E jY tnrltdigx4Acfeef •o $ 134.14100 C: Quantity Ordered (U:tits: y010 S II: H-OACAdminirtratiwFee (rramres SchedulaTebtc___j s* f~ZQI4.7j. rr I: Non•EquipmenlChuCtshCreditspeGttrermovy,medal;DenvArk.J . S a.■S Subtotal ofNon-EgalpmentChar=a S 1: TOTAL PURCHASE PRICE INCLUDING I G + N + I I •o S 1 .7 I 1 i' t ORDINANCE NO. An Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H- GAC) for the acquisition of a Street Sweeper by way of an Interlocal Agreement with the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date (Purchase Order 01742 to H-OAC/STM Equipment Company in the amount of $136,218.78). WHEREAS, pursuant to Ordinance 93.107, the Houston-Galveston Council Area of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services In accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommenled that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H. GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided In the City Bcdget for the appropriation of funds to be used for &}e purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered Items In the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orden" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsib!e bids for such items: PURCHASE -ORDER VENDOR AMOUNT 01742 H-GAC $136,218.78 SECTION If. That by the acceptance and approval of the above numbered items set forth in the referenced purchase orders, the City accepts the offer of the persons submitting the bids to the H-OAC for such items and agrees to purchaA the materials, equipment, supplies, or services In accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. SECTION [II. That should the City and persons submitting approved and accepted items set forth In the referenced purchase orders wish to enter Into a formal ' written agreement as a result of the City's ratification of bids awarded by the H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract Is in accordance with the terms, conditions, specifications and standards contained In the Proposal submitted to the H-OAC, quantities and specified slams contained in the City's ' purchase orders, and related documents herein approved and accepted. ~r t` I U SECTION IV. That by the acceptance turd approval of the above numbered items set forth in the referenced purchase orders, the City Council hereby authorizes the expenditure of funds therefor In the amount and In accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein 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: 01742•HO,4C n1TERLOCAL COOPERATIVE PURCHASING ORDINANCE (I I.99, / i v i 0 c Apeadlt No. ~ +4pettda Item. AGENDA INFORMATION SHEET t18te 3 AGENDA DATE: December 7, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ross Chadwick 349-8101 ACM: Kathy DuBose, Fiscal and Municipal Services St1BJECT: An Ordinance authorizing the City Manager to execute a Professional Services Agreement with Baylor Medical Center at Grapevine anel Dr. John Ansohn to provide Medical Control Services for the City of Denton Fire Department as set forth in the contract; providing for the expenditure of funds therefore, and providing an effective date (RFSP 2414 - Professional Services Contract for Medical Control Services swarded to Baylor Medical Center at Grapevine and Dr. John Ansohn in the amount of 562,750). BACKGROUND: The City of Denton Is required by State Law to have a contract with an EMS Medical Director to oversee emergency medical activities. The service must be provided 24 hours a day for seven days a week. The "Director" must meet requirements of the Texas State Board of Medical Examiners EMS Regulations, 22 Tex. Admin. Code 197.1.1976.6 RECOMMENDATIONt We recommend this Professional Services Agreement contract be awarded to Baylor Medical Center at Grapevine and Dr. John Ansohn In the amount of $62,750. ESTIMATED SCHEDULE OF PRO ECTs 'This is an annual contract and will be in effect from January 1, 2000 to December 30, 2000, and is renewable for one additional year. FISCAL INFORMATION: This contract will be funded from 1999.2000 budget fund account (100-060.0053.8502), PROFESSIONAL SERVICES AGREEMENT INFO 11MATION: This agreement is for an Emergency Medical Services director as required by State low. The contract provides for online medical control, EMS protocol review, establishment of guidelines as well as educational and training programs. i u Agenda Information Sheet December 7, 1999 Page 2 Respectfully submitted; 1YJ 1t Tom Shaw, C.P.M., 349.7100 Purchasing Agent Attachment 1; Purchase Order 01745 to Baylor Medical Center at Grapevine 1303.AGFNDA t /AI's; Q i j j n f1 PURCHASE ORDER NO: 01745 IHIS IS A This number ff"I apper on III ( ODIF MR ORDER (IF MARRKED} LJ invoices, delivery slips, CASON, tins, bows, packing slips and bills. DO NOT DUPLICATE Rea No; Bid No: Date: 11 23 99 Paps No. 01 CITY OF DENTON TEXAS KoCIIASMNO DIVISION 1001-8 TEXAS SMV I DENTON, TEXAS 76201-4364 9401319-7100 D/FW METRO 8171267-0042 FAX 8401349-7302 IENDW BAYLOR MEDICAL CENTER -GRAPY I11,W Iee City of Denton's Webslte at nnnv.eilyofdenloncom ilAME/ ENS MEDICAL CONTROL DELIVE;Y CENTRAL RECEIVING 809 1DDRESS 1650 HEST COLLSON ADDREU FIRE DEPT. ORAPEVINE TX 76051 901 B TEXAS STREET DEXTOK, TX 76201ET PAUL R086N8ERGER VENCDR NO. DAY49000 DELMAY OUOTED 12 10 99 FOB DESTINATION BUYER T8 TERMS 001 31814.970 11 VENDOR CAT. 1 N / A MFG MANS 1.000 310814.97 CITY 1 9100 7 1 1 NEDICAL DIRECTOR SERVICES FOR 2000 (4 QUARTERS PYNTS) 002 30935.030 it VENDOR CAT. 1 N / A NFO KANN 14000 30,935.03 CITY 0 6500 ADDITIONAL ACCOUNT NUMBER P 02 TOTAL s 62,750.00 09 NO TOTAL s 62050.00 01 100 060 0053 8602 31,814497 02 100 060 0053 8106 300935103 VFNOOA lNSiRUtT10f18 ? 1. }erae • Ns1 10 saws, .a..h, ufts.u ' 1. Sew will" "to WIN hPpNat tel. 1. 1hi7,ag Ihtirvcrlot 0.0.1. OesliMli" ON e'sli saa.1 OFWMN I,..r") L 6,1 N • Attwnti Py/N 1, No aderd K slate Wei to SW Is we Its t mrxi tt In Nkel billet ++8 vs and. IK. Dili 41 1 1 , I i r. i I ORDINANCE NO. _ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BAYLOR MEDICAL CENTER AT GRAPEVINE AND DR. JOHN ANSOHN TO PROVIDE MEDICAL CONTROL SERVICES FOR THE CITY OF DENTON FIRE DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (RFSP 2414 - PROFESSIONAL SERVICES CONTRACT FOR MEDICAL CONTROL SERVICES AWARDED TO BAYLOR MEDICAL CENTER AT GRAPEVINE AND DR. JOHN ANSOHN IN THE AMOUNT OF $62,750). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the City Manager is hereby authorized to enter Into a professional service contract with Baylor Medical Center at Grapevine and Dr. John Ansohn for the Medical Centrol Services, a copy of which is attached hereto and incorporated by reference herein. SECTION H. That the City Manager is authorized to expend funds as required by the attached contrnct. SECTION Ill. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,1949 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PSA 2414 -CONTRACTUAL FOR PROFESSIONAL SERVICES ORDINANCE / ' t. PROFESSIONAL SERVICES AGREEMENT FOR MEDICAL CONTROL SERVICES i STATE OF TEXAS COUNTY OF DENTON 4 THIS AGREEMENT is made and entered into as of the day of _ _,19 by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 21$ East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "CITY" and BAYLOR MEDICAL CENTER AT GRAPEVINE, a Texas non-profit corporation located at 1650 West College Street, Grapevine, Texas 76015, hereinafter called "BAYLOR," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parries hereto do mutually agree as follows: ARTICLE I EMPLOYMENT The CITY hereby contracts with BAYLOR, as an independent contractor, and that BAYLOR hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in acen*dance with the highest professional standards customarily obtained for such services in the f of Texas. The professional services set out herein are in connection with the following descriL..4 project: Providing medical control services for the City of Denton Fire Department. r ARTICLE 2 SCOPE OF SERVICES The BAYLOR shall perform the following services in a professional manner: A. BAYLOR shall perform all those services as necessary and as described In the CITY's i RFSP #2414, which is attached herto and made a part hereof as Exhibit "A" and as described in Baylor's Reponse to RFSP #2414, which is attached hereto and made a part hereof as Exhibit "B" as if written word for word, to Include but not limited to the following: 1. Off-line EMS Medical director services as required by the Texas State Board of 1,. Medical Examiners' EMS regulations for medical directors, 22 Tex. Admin. Code 4¢ 197.1.1976.6; 2. On-line medical control, as defined by Department regulations, 24 hours a day for seven (7) days a week; I ' r ' t. I 3. Formulation and review ofEMS protocols; 4. Monthly scheduled meetings to discuss the operation of Emergency Service and Baylor's responsibilities under this Agreement; S. Establish guidelines and monitor quality assurance; 6. Coordinate sufficient ccntinu?ng education to meet Department requirements as set forth at 2S Tex. Admin. Code 1157,38; JI 7. By independent contract, Baylor will provide an EMS Medical Director (the "Director"), as defined by 22 Tex. Admin. Code 197 .2 who fulfills the obligations and requirements of Chapter 197, Tex. Admin. Code, pertaining to EMS medical directors. The agreement between Baylor and the Director to provide the EMS Medical Director services is attached ho-reto as Exhibit "D" and incorporated herein by reference; 8. Baylor will sponsor up to three (3) EMS Examiners and three (3) EMS Instructors from Emergency Service; and 9. Baylor will provide two (3) specialty-type courses (BTLS, ACLS, and pediatric course) for the CITY during the term of this Agreement. The classes will be held at Denton Fire Department in Denton, Texas. CITY will provide BAYLOR with at least thirty (30) days notice before the scheduling of any specialty-type courses. No more than thirty eight (38) students may be enrolled in ACLS course. No more than thirty eight (38) students may be enrolled In pediatric course. No more than twenty six (16) students may be enrolled in BUS course. B. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits. ARTICLE 3 PERIOD OF SERVICE This Agreement shall become effective upon la itim L 2000 after proper execution by the part;es, and shall remain in force for a period of one (1) year. This Agreement may be renewed for additional one (1) year terms upon the giving of prior written notice by the CITY before the anniversary date, This Agreement may be sooner terminated in accordance with the provisions hereof. LNL COMPE ATION A. COMPENSATION TERMS: In consideration for BAYLOR's provision of medical control services under this , Agreement, CITY will pay to BAYLOR the fee set forth In Exhibit "C". The fee shall be paid to Baylor in quarterly installments, consisting of four equal installments as determined in Exhibit "C", with the first Installment due on or before the tenth (le) day after the Commencement Date, with each following Installment due on or before the first day of each (3rd) month following. CITY shall pay all fee installments to Baylor at the address set forth in Article hereof. Any fee refunds shall only be mad eon a prorated Page 2 r, c. ~f basis and in the event of termination of the Agreement. Afler the expiration of the first term of the Agreement and upon their mutual agreement, the parties may modify the compensation to be paid Baylor by executing a new Exhibit "C" to the Agreement. If any new compensation is beyond the City Manager 'a authority then the change in compensation shall go before the city council as an amendment to this agreement. ARTICLE S INDEPENDENT CONTRACTOR BAYLOR shall provide services to CITY as an independent contractor, not as an employee of the CITY. BAYLOR shall not have or claim any right arising from employee status. Nothing in this Agreement shall be interpreted or construed so as to make BAYLOR an employee, agent, or borrowed servant of the CITY. Nothing in this Agreement shall be interpreted or construed so as to make the employees of the CITY the servants, agents, or employees of BAYLOR. CITY and the employees of the CITY shall not be eligible for the employment benefit,, including health and unemployment Insurance, and worker's compensation coverage, which are provided to employees of BAYLOR, The parties agree and acknowledge that the Director is an independent contractor physician, and nothing in this Agreement shall be Interpreted or construed so as to make the Director an employee, servant or agent of BAYLOR or the CITY. CITY and BAYLOR acknowledge and understand that nothing In this Agreement requires, and shall not be construed to require (directly or indirectly, explicitly or implicitly_ CITY's use of BAYLOR or any other facility or service related to BAYLOR, or the admission ar referral of any persona or patients treated by CITY to BAYLOR or other facilities related to BAYLOR. ARTICLE 6 INDEMNITY AGREEMENT BAYLOR shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees Incurred by the CITY, and including, without limitation, damages for bodr,ly and personal injury, death and property damage, resulting from the negligent acts or omissions of BAYLOR or its officers, E shareholders, agents, or employees in the execution, operation, or performance of this Agreement. To the extent permitted by law, CITY agrees and Is bound to hold harmless and indemnify BAYLOR against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by this contract or any of its activities or from any act or omission of the CITY, its employees, representatives and agents, provided, however, that it is not the intention or purpose to create liability against the CITY unless such liability is r' A imposed by law. r I; ~ 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 ary 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 Page 3 Agreement, including the defense of governmental immunity, which defenses are hereby expressly -eserved. I ARTICLE 7 INSURANCE I During the performance of the services under this Agreement, BAYLOR shall maintain the follcwing insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A• or above; A. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. ARTICLE g ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE 9 TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party, B. This Agreement may be terminated In whole or In part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt rquested) of Intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. This Agreement shall terminate automatically upon either party's loss of licensure or certification, or upon the effective date of any change in statute, ordinance, rule or regulation or action of governmental authority prohibiting this arrangement or the services contemplated hereunder. /A,-~ r r ! Page 4 k f f~ w i ARTICLE 10 NOTICES All notices, communications, and reports required or permitted under this Agreement shat l be personally delivered or mailed to the respec tive parties by depositing same in the United States mail to the address shown below, certified mail, return receip' requested, unless otherwise specified herein, Mailed notices shalt be deemed communicated as of three (3) days' mailing: To BAYLOR: To CITY: Baylor Medical Center of Grapevine City of Denton Attention Paul Rosenberger Ross Chadwick, Fire Chief EMS Education Coordinator 212 West Sycamore 1650 W. College St. Denton, Texas 76201 Grapevine, Texas 76051 I All notices shall be deemed effective upon receipt by the party to whom such notice is given, or wit'vn three (3) days' mailing. ARTICLF 11 ENTIRE AGREEMENT This Agr, ement, consisting of 8 pages and four (4) extdbits, constitutes the complete and fir;rl expression of the agreement of the parties, and is Intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 12 SEVERABILITY If any provision of this Agreement to found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shat) be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 13 COMPLIANCE WITH LAWS r The BAYLOR shall comply with all federal, state, and local laws, rules, regulations, and f ordinances applicable to the work covered hernrider as they may now read or hereinafter be amended. Page 5 i ARTICLE 14 DISCRIMINATION PROHIBITED In performing the services required hereunder, the BAYLOR shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 11 PERSONNEL A. The BAYLOR 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. BAYLOR shall inform the CITY 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 BAYLOR or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTS ASSIGNABILITY This Agreement shall apply to, and be binding upon, the parties and their respective successors and permitted assigns. The parties 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 other party. Any assignment attempted without such consent shall be void. ARTICLE 17 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received In evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 18 MISCELLANEOUS r A. A. The following exhibit, are attached to and made a .part of this Agreement: (list exhibits) 1. Exhibit "A" City's Request for Sealed Proposal Page 6 2. Mbt'S" Baylor's Response to Request for Sealed Proposal 3. Exhibit "C" Compensation EvhNt 4. Exhibit "D" Baylor's Agreement with physician B. Venue of any suit or cause of action under this Agreement shall tie exclusively In Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. I C. Force Majeure. Neither party shall be in violation of this Agreement if either party is, or if either party reasonably determines that it is, prevented from performing its obligations for any reason beyond its control, including without limitation, flood, storm, strikes, acts of God or the public enemy. D. 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 WITNESS HEREOF, the City of Denton, Texas has caused thls Agreement to be executed by its duly authorized City Manager, and BAYLOR has executed this Agreement through its duly authorized undersigned officer on this the day of 19 CITY OF DENTON, TEXAS MICHAEL 1Y. JEZ, CITY MANAGER ATTEST, JENNIFER WALTERS, CITY SECRETARY BY: APrAOVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY B Y. 1 ~ o i ~ l Page 7 t r G td BAYLOR MEDICAL CENTER AT GRAPEVINE MARK HOOD, Execud•re Director 3 %I i-NESS: BY: 1 i I l " k Page 8 l EXHIBIT "A" d. CITY OF DENTON R.FSP # 2414 i PROFESSIONAL SERVICES CONTRACT FOR MEDICAL CONTROL SERVICES BID OPENING DATE: SEPTEMBER 23,1999 'f' , , CI NOTICE TO VENDORS i Proposals will be received by the City of Denton, Texas at the office of the Purchasing Agent prior to 2:00 p.m., SEPTEMBER 23, 1999 for the following: RSFP # 2414 - PROFESSIONAL SERVICES CONTRACT FOR MEDICAL CONTROL SERVICES I Qualified prospective suppliers my obtain copies of the proposal with information at the office of the Purchasing Agent, located at 901-B Texas Street, Denton, Texas 76201 In the Service Center complex. The City of Denton, Texas reserves the right to reject or accept any proposal and award to the most advantageous proposal received. No officer or employee of the City of Denton shall have a financial Interest, direct or Indirect in any contract with the City of Denton. Minority and small business vendors are encouraged to submit proposals. CITY OF DENTON. TEXAS (940)349.7100 TOM D. SHAW, C.P.M. PURCHASING AGENT { I This advertisement to run: SEPTEMBER 8 ND S .pT M8 R 1 1999 kPSF 2414-STANDARD AD I t E REQUEST FOR PROPOSAL The City of Denton is accepting Request for Proposals for a Professional Services Contract for medical control services for the Denton Fire Department per the enclosed requirements, Two (2) copies of the proposal must be submitted by September 23, 1999 in a sealed envelope with the following information marked plainly on the front. RFSP t 2414 CITY OF DENTON 9010 TEXAS STREET DENTON, TX 76201 Questions regarding the attached specifications may be directed to Greg Taylor, EMS Program Manager, at 940/349.8132. Requiremeats The requirements of the Medical Control provider fall into three categories as described below; 1, OD-Line Medical Dire"fon A. On-line services shall be provided as required by the Texas State Board of Medical Examiners' EMS regulations for medical directors In 22 TAC, ¢197, B. On-line service via phone with two dedicated lines and fax/modem compatible with Life-Pak 12s will be provided 24-hours, 7 days per week. C. A relationship with a local Denton hospital for on-line medical control is r-efered. D. Assistance will be provided in disasters and MCIs with destination control and bed availability. E. Permanent audio recordings w711 be maintained of all on-line medical direction and copies provided to DFD upon request. II. Off•Llne Medlcal Direction A. Medical Control services shall be provided as required by the Texas State Board of Medical Examiners' EMS regulations for medical directors, 22 TAC ¢ 197. B. The Medical Director will be aboard certified Emergency Medicine physician located in Denton, Dallas, Tarrant, or Collin counties. C. Protocols and SOPS will address basic and advanced life support proced6,res. D, Continuous protocol development and review will be provided. E. Quality Assurance guidelines will be established according to it systematic i plan and will include the following: A i t:L Written and skills evaluations will be conducted at least annually as part of a system to ascertain individual and system-wide proficiency and to satisfy E TDH recertification requirements, 2. CQl summaries will be generated by the Medical Control provider and reported to the DFD EMS Program Manager on a monthly basis or as requested. 3. Field evaluations will be conducted by experienced nurseJparamedics and paramedic instructors. Results will be reviewed with the EMS Program Manager and written summaries provided. a. Patient chart and system audits will be conducted monthly for the purpose of complying with quality control provisions in accordance with the Texas Department of Health. Coatloufog Education A. The Medical Control provider will cunduci both basic and advanced continuing education in accordance with the Texas Department of Health guidelines each contract year to employees of DFD. Continuing education classes will be offered at DFD fire stations at a date and time mutually agreeable to the City and the provider. B. Continuing education courses will be scheduled for each of the three shins to accommodate one-half of each shift per course, once per month on-site. C. A multi-discipline approach to CE instruction will be used and should be enhanced by video instruction, quality improvement reviews, and computer. based training. D. Skills and protocol revie v will be incorporated into continuing education curriculum. E. Provider will offer initial and recertification courses for DFD paramedics and emergency medical technicians including a TDH approved pediatric course, ACLS, and BUS courses. F. A written remediation plat- will define prwedures for DFD employees who fail to meet minimum requirements of the evaluation tools used by the I Provider and Texas Department of Health ! I Contents or Proposal Proposals offered for consideration under this RFP will contain the following, A. Curriculum Vitae on medical director, program manager, and course instructors. B, Statement of services to be performed. C. Current client base, size oftotal population served, and a client history r. encompassing the last five years. (tr ~ D. Length of time in business. I f i r c i E. Software/hardware, computer configuration requirements in order to implement program. F. Samples of CE evaluation tools, CQI reports, and other forms used in the administration of the medical control program. 0. A division of duties between the Medical Director and the DFD EMS Program Manager will be clearly defined. H, Outline of quality assurance program. 1. Implementation plan for integrating City of Denton Fire Department into Provider's present system, 1. References K. Documentation of certifications and licenses. L. A certificate of insurance or a statement from an agent/broker indicating that medical malpractice coverage exists must be included. Coverage limits, policy term and name of agent/broker handling coverage must be included on the documentation. V. Terms In consideration of services rendered, such services shall receive compensation on a contractual basis, with payment disbursed in quarterly amounts as specified in the Contract subject to contractual limitations. The Medical Director and the Medical Control Provider are responsible for providing their o'.3 insurance including, but not limited to, medical malpractice insurance, and all other licenses and certificates necessary to carry out the Job requirements. The City shall provide no additional compensation or reimbursement for su.h expenses. The Contract period will be for one year, with an option to renesv the Can!ract annually for additional one-year terms upon agreement of the parties. Any such renewal shall be subject to the written approval ofthe City of Denton Fire Department. VI. Consideration of Proposals ' Proposals shall be opened so as to not disclose the contents. The City of Denton Fire Department may enter into negotiations with as many Proposers as have submitted feasible proposals in order to arrive at the best possible contract. Applicants may receive an invitation to appear before a panel of City of Denton Fire Department personnel for an interview. The City of Denton Fire Department reserves the right to accept any proposal deemed most advantageous to the City, to reject all proposals, and to negotiate the specific terms of the contract with any selected proposer. Aw ~ i f I c? VII. Projected Time Table The projected date for a Medical Control Provider to be contracted is November 1, 1999. Services would continence immediately upon execution of the contract. VIIL Indemnity or Hold Harmless Statement Medical Control Provider agrees to defend, indemnify and hold the City harmless for any loss sustained by the City as a result of a claim or suit by a third party claimant to the extent that such a loss is the result of negligence, bad faith, or default of Medical Control Provider. The Medical Control Provider further agrees to perform the services with that standardof professional care, skill and diligence normally provided in the performance oflike or similar services i f } I i r~ I c, of. ToN CITY OF DENTON, TEXAS E DEp~' DEMOGRAPHICS OF THE DENTON FIRE DEPARTNIENT'S EMERGENCY MEDICAL SERVICE The Denton Fire Department operates the emerges ambulance service for the city of Denton and our neighboring communities in central and northwest Denton County. We have provided this Advanced Life Support ambulance service since 1978. We sere a population of over 115,000 in our response area. Today, we operate six (6) Mobile Intensive Care Units, three (3) frontline and (3) reserve, These units are staffed by firefighter/paramedics. When needed, the reserve MICUs are manned from the crews of on-duty engine companies, Due to our increasing call volume a fourth, frontline MICU will be added in early 2000. i Over 70°x6 of all the °,000 plus calls that the Fire Department receives each year are for medical responses. Within our city we have an average response time of 5:09 minutes. The average response time in the county is 11:52 minutes. To get help to the county residents sooner, the volunteer fire departments serve as first responders in their communities and are an integral part of our EMS delivery system. When a 911 call is received a coordinated response begins. The 911 dispatchers are trained in providing pre-arrival instructions in First Aid and CPR until the responding units get to the scene. On every medical call both afire engine and ambulance are 1 dispatched, All of Denton's fire engines are manned by firefighter/paramedics and are fully equipped to provide Advanced Life Support. If the engine arrives before the MICU they will begin treatment to stabilize the patient. The care of the patient is then continued by the firefighter/paramedics assigned to the MICU. We are fortunate in Denton to have two fine hospitals. Both hospitals have Fire Department radios as well as dedicated phone lines for EMS use. The decision of %%hich hospital to use is left to the patient. If the patient has a preference, then we will transport to that local hospital. If the patient doesn't have a preference, Is unable to tell us, or the A patient's condition warrants, then the patient is transported to the closest hospital that can ! J care for the patient's injuries or illness. 7t1WEST MeKIN STREET DENTON,TEXAS T8401 OFFICE (040) 340.8110 FAX (940) 719.8100 w - ~ c. Page 2, Demographics of r',e Denton Fire Department Emergency Medical Service 4 The Denton Fire Department is dedicated to providing our customers with the very best EMS system possible. We made a decision several years .go to have all of our personnel cross-trained as paramedics. Out of the 100 persons in opera,'ons o ter i0ly are currently paramedics. With the projected growth of our city, the Departmo; t is plarutlig on adding approximately cruls will and at least one of these new re both firefighter and paramedic training` rrne years. All Recognizing that our citizens are always the first care given on a scene, the City Is current implementing a public Access AED program, We have begun placing Automatic Dc6brillators in the City facilities. The first unit will be placed in the Senior Center. The program calls for an additional 15-20 AEDs, as funding becomes available, f A$ t• f ~ I EXHIBIT "8" aMtORASEDI:ALC RATG0.VE1t\E .l ~ a,.lun Gmuh F~. .a a. Mt. ~ C.rr September 22, 1999 r Pau! LrI . MPA, NRENIT•P A b { 17'Jr". ,SEh l'.il. CE\'IE R Ai Fat GvMa,n Tom Shaw, CPM City of Denton r;,:~:nl~ ~.,..I ~.,.L~n.n,..;r:F . 9018 Texas Street Denton, Texas 76201 Dear Mr. Shaw: Enclosed are the ingredients that were requested by your city for RFSP #2414. I have described our services that are offered and hope that you find this bid acceptable. We can provide the requested services for an annual fee of $:-21750.75. Items that are not Included in this price are ACTS ($100 per person), BTiS (;125 per person), and pediatric course fees (price unknown at this Ume). These prices would be determined on the number of providers that Denton FD would be sending to these type of classes. These fees are reported for budgeting purposes. ACTS Is a system requirement and all paramedics would be required to obtain this certification. A start up fee of $950.00 would be required to purchase the necessary protocol books and to teach the Initial three New Paramedic Orientation courses. As DFD added new paramedics (after the Initial three courses), OFD would need to budget $100 per paramedic. Again, this fee Is reported for budgeting purposes. Attendance at a New Paramedic Orientation course is required for all paramedics. I cannot think of any additional fees except for Initial training courses for paramedics, Intermedfates, and basks. These fees would not be paid to Baylor because DFD would send these students to other InsUtutim. Saylor does not teach these courses because of upcoming national and state requirements, There are many excellent schools In the area that tali do this in accordance with the upcoming state and federal changes. If I can assist you In any way, please contact me at (817) 329.2815. Sincerely, Paul L. Rosenberger, MPA, NREMT-P EMS Coordinator I n kn R'r~ CJ'rue. tt„L...w...:.... Sh~S I hh UO!u Ietl S1 a! I S+r I 1 G i r <I I i Baylor Medical Center at Grapevine EMS Medical control FSC "2414 i t7cmon. FD) Curriculum Vitae For EMS Medical Director, EMS Coordinator, and instructor Staff (7 _ 1 L. MEDICAL SCHOOL: University of North Texas Heahh Science Center, A, Texas College of Osteopathic Medicine, Forth Worth, Texas, Graduated Cum Laude In May 1985. Student Memberships: Student Government, Natlood Osteopathic Honor Society, Class Officer, Tcxas Osteopathic Association, Texas Medical Association, American Osteopathic Association, Americas Academy of Family Practitioners. INTERNSHIP. Northeast Community Hospital, Bedford, Texas. Graduated July, 1986. Rotating. LICENSING EXAMS: American OAeopeft Boards Pert I March 1983, Part 13 March 1985, Federal Licensing Exam (FLEX) June 1985, Texas Medical Jurisprudence June 1985. BOARD CERTIFICATION: December 28, 1992. American College of Osteopathic Family Physicians, American Osteopathic Board of Family Physic fans. rr LICENSE: State of Texas December 3, 1986; Texas License 4H013 DEA NBA0534342. SOCIETY MEMBERSHIPS: Tarrant County Medical Society; Texas Medical , Association; Taxes Osteopathic Medical Association; American Osteopfuhle Association; American Academy of Family Practitioners; American College OfOsieopathle Family Practitioners; American College Of Sports Medicine; American Osteopathic Academy of Sports Medicine; Association of Military Osteopathic Physicians and Osteopathic Physician and Surgeons; American College of Emergency Physicians. t~ fry c c: 1 Y m a low I r, r{It. 00. is S AV3OARO O.F,MEDiC~~ 1',b'W%Ztl 10 ~A1IS11N Ibr?AS 11/GA 16 r ,1 "v~ r I.T/./y,y(yp ~ t ~<<''!5 .pap: OWIM.'. ~ 1C7LQEh N+{}AED ANb M1M9Fp6t} Y` 'j~' ;y~ tvyD n+~ FEE r,~i',uw~w, ac'vis~ ~r ! ` ti r 'Y1 ~11N ODAND UUMIED OF 't , • , I Q14 GM r I g 1 l.tfM`k~It.FMl~A~1Sk~ NMI It 140137 os-31-2oob, JOHN NUGO ANSON90, DO PLEASE NOTE OUR NEW ADDRESS AND KME "DER - 301 r%NILEY F.O. 001 2018, AUSTIN, TI 78768-2018 SMTNLAZE, TK'76092 512/305.7010 w ~ . I'MICIAN PERMIT M ' I I _ r c; Certifications State of Texas Paramedic State of Texas EMS Coordinator State of Texas EMS Examiner Advanced Cardiac Life Support Instructor Advanced Cardiac Life Support Provider Basic Cardiac Life Support Instructor Basic Cardiac We Support Provider Basic Trauma Life Support Instru.. br Basic Trauma Life Support Provider Nationally Registered Emergency Medical Technician • Paramedic Prehospital Pediatric Provider Course Prehospital Pediatric Provider Course Instructor i ^ I c• ~1 Logone Bata Jr. a. 4502 Dorcbuter Ct Grsi evlae TX 16051 Smolwcn_ent Hlstorv 1996-Present: City ofOrapevine Job Duties: Firefighter/ParamdlUTIe d Training Officer foe the Fke Department. 1996-Present: Baylor Medial Center of Orapevine Job Duda: EMS Instructor 1996-Present Tarrant County Jun [or College Job Duties: EMS Instructor Sstllfi''!1[40i Texu Commisilon of Fire Protection u Firefighter Texas Commission of Fin Protection as Intermediate Instructor Texas Department of Health u Emergency Medical Teehnlciars/Paramedlc Texu Department of Health as Emergency Medial Services Skills Examiner Texu Department of Health u Emergency Modica] Servlees Wwctor I Americo Had Association as Advanced Cardiac Life Support Provlder/fnst Wor American Heart Association as Buie Cardiac Life Support Provider/Instructor Buie Trauma Life Support International as BTLS ProviderMatructor i i r i TEXAS DEPAR i'MENT OF H T DH EALTH Certif?es'that I I LUGENE BATES i meets the requirements for certiryadon as . Examiner PersonnelID3185 • Document61926 WILLIAM R ARCHER 111, M.D. Elphs 03/3112000 GENE WEATIIDRALL, CIIIEF COMMISSIONER OF HEALTH BUREAU OF EMEROENCY MANA08MEW u volume. Responsible for county wide EMS, transfers, and assisting in public awareness of EMS. Sole BTLS certified medic in Okmulgee EMS. Sole medic in Olcmulgee EMS pursuing Paramedic , certification. 1/92.7/93 Security Concepts of Tulsa, Tulsa, OK Ow Responsible for Was, tertritory development, lnventory, and presentation of home, personal, and auto security systems. Currently covering a td-state area. 87-"2 Windsor Consultants Inc., Houston, TX jUta Processing Consul= Responsible for client development, and recruiting of qualified individuals for clients, Responsible for salary negodad=4 reference verifications, and salary surveys. Responsible for general recruitment on regional and national basis. Knowledgeable in salary and compensation, EEOC practices, and technical practices. 86.12186 Magnscoo, Houston, TX Consultant Responsible for client development and recnritment of individuals for contract placement. Responsible for hourly rate negotiation and candidate compensation. 85-6186 Builders Square #1010, Houston, TX Inventory Control Supgo isor Responsible for 7.8 MM dollar inventory. Responsible for entry of purchase order and reeeNing orders into systems. Supervised 1 to 2 employees during tenure. 0 fr c, I TEXAS DEPARTMENT OF HEALTH Certifies Thal Step~.he`n u ra ig Green , »left f, requirements for certocalion ps1 V s ..r I try , ti. Ekam~n WILL}AM R ARCHER III, M.D. GENE WEA1118RALl,CIIIEF COMMI551ONEROF HEALTH Penonnel ID 6913 Documen119119 BUREAU OF EMERGENCY MANAGEMENt Expires INJV2001 I i r li I I : erle (cont.): a Sit Flags Over Tetas,rnc. farrvgenc'V,tfedlcaf Techniciwr. May 1991-December 1991. Duties included providing First Aid to the guests of Six Flags Over Texas. Pa k Serwces, April 1986-May 1991. Duties included managing a crew of eight personnel and ensuri ng the cleanliness of the park. Educatlow Tarrant County Junior College; Fort Worth, Texas. ! Graduated December 1996 with an Associates Degree of Applied Science in Fire Protection Technology. Texas A&M University, College Station, Texas. August 1989-May 1991, Studied courses In Aeronautical Engineering. Trinity High School; Euless, Texas. Graduated with Honors in June 1989. Certification: Texas Intermediate Ftreflghter Texas Intermediate Fire Instructor TDH EMT-P ACLS Provider ACLS Instructor-expired January 1998 PHTLS Provider-expired October 1997 PPPC Provider TDH EMS Instructor TDH Skill Examiner Award : Valedictorian, Metrocrest Medical Services, Inc. Paramedic Class #10 Outstanding Scholastic Freshman, Infantry Hand; Texas A&M University Eagle Scout references: Geo, Randy Corbin, Fire Chief Lewisville Fire Department 188 North Valley Parkway a, Lewisville, Texas 13067 h' 972 219.3580 I` c h 1 TEXAS DEPARTMENT OF HEALTH JAMES K NML now mwmwwJo^ WwAsim 0 Instmetor C.niA.N 1A1~6r 32}01• M0/'J ' Iww1 Iw 10. It" Pam ►ATIEmew. MD GD* WBAYfWiAU, CRW COM U10M OF 116A6t11 SURMU Or 6Md CU" MAMOVOff . WV41 m wit~ tl I IN R'1I Mid rApp t- c Steven Palmer 5932 Cimarron Trail Ft. Worth, Texas 76148 (817)581-0889 i Oblective To use my education and years of fire and emergency medical experience in an administrative tWrung capacity. s n Keller Fire Department -137 Taylor Street, Keller, Texas 76248 July 1988 - Present Job Tale: Lieutenant Duties include: EMS Officer for the departaw t with responsibility for maintsiag the department's EMS twining records, ordering EMS supplies, maintain& protowis, ensuring compiiaace with the CQI standards, preparing the EMS budget, writing the specifications for EMS equipment and vehicles, and ensuring the department complies with se Texas Department of Health Rules; Supervision of daily activities for station; flow testing hydrants; conducting fire inspections of busiaesse+; computer upgrades and maiotensnce; conducting personnel evaluations; supervising fire training; assist is budget preparation; conduct new hire interviews; coordinate CPR for the all city departments. Baylor Medical Center Orapevine -1650 West College Street, Grapevine, Texas 76051 December 1993 - Present Job Tide: EMS Instructor /Examiner/ EMS Web Master Duties include: Insuvating tMTs and Paramedics in continuing education, Advanced Cardiac Life Support, Basic Trauma Lift Support, CPR, and EMT schools. Developing, updating, and overseeing the EMS web page. Medical Education Systems - P.O. Box 820702, North Richland Fills, Texas 76182 July 1996 - Present Job Title: Owner Duties include: Coordinate EMT curriculum, coordinate instructors, order equipment and supplies, instruct classes, and ensure program quality. Education Tarrant County College • Associate D.aree in Emergency Medical Technology (estimated completion December 1998) ~A$ i i t - TVW DFJAAMM Oi HEALTH S I EVFN H PALMMR weau the iagrlrmem jar cany7eatlon as hishleftr FxP1n~ 0/r! 1x2000 , Doeoma~t &vim Q0 vino $TIM BRADLEY OW OIWJWN TR AL ~tER FORT WORTH TX 7#146 i~a~ ar r111ryweir ro; 1~ e~f~T M Awdr►1X71T!`719! ! t Robert W. Potter 4041 Coionlal Park Dr. Haltom City, Taal 75117 817.577.4265 I guatlPrAAY I hart dedicated the last 12 years of my life to the service of the citizens of the Sate of Texas, first as a police officer, and then as a fire tighter. I have been Invoked in the medial are of people since 1991 as an EMT, and then progressing to a Paramedic and finally as a Registered Nurse, My goal is to protect and service those arouad me. WORK IVORY 1996-Current fire Fighter/Peromeaie, Rkhland Hilly Fire Department Provide Fire and EMS service to a city of approximately 8,300 people. Duties Include Fire Suppression, Emergency Medial Services via NGCU, and Fire/Arson Investigations. 1996-Current Emergency Room RN, North HNIs Hospital Provide are to patients of all ages with either medical problems or trauma injuries in an emergency depanmenl that has on avenge over 2200 patients a month. 1996.1999 Emergency Room RN?rmrme Cooraynolor, DFWMe&col Center Provide care in the emergency room setting, as well as began the development of the Trauma Center program for the hospital. 1987.1996 Public Safety Corporal 11, DFWAIrporr Cross trained In Police, Fire and EMS, Performed general Police and EMS duties In the Patrol/Rescue Division and Fire Suppression duties In the AircTATirdRescue Division. 121CATION 1992.1995 Associates Degree In Nursing, Tarrant County lu rdor College UOtNitg 4 t,DTINUTU Certified Police Officer, 1987 • Certified Fire Fighter, 1988 9 Registered Nurse, 1995 • Emergency Medial Technician-Paramedic, 1994 e Licensed Paramedic, 1999 e Trauma Nurse Core Course, 1997 a Pediatrics Advanced Life Support, 19% • Emergency Nurse Paittric Course, 1998 a Rescue Systems One, Rescue Course, 1997 • Hoodoos Materisls Technician, 1998 Si ill Water Rescue Technician 1, 1993 • Swift Water Rescue Technician 2, 1994 Advanced Peace Offica, 1997 a Basic Police Officer Instructor, 1995 Fire dt Anon Investigator Basic, 1997 a Fire Comatission Iastructor laterrnediate, 1997 e Texas Dept of Health lnst-vtor dt Examlaer 1999 a Special Weapons and Tactics School, 1992 t r' E` I i r. Bay!or Medical Center at Grapevine EMS Medical Control frf ' :~d2d (GrntG S f01 statement of services to be performed Baylor Medical Center currently offers EMS Medical Control Services to ten fire- based EMS services In North Tarrant and South Denton Counties. Our services can be grouped into four basic categories. The categories are or/off-line medical direction, continuing education, CQI standards, and written protocols. All are offered to ensure the highest level of consistency in the clinical care arena. On-line medical direction, In most cases, Is offered by Baylor Medical Center at Grapevine through our emergency department (ED). The ED Is staffed twenty- four hours per day and seven days a week with a staff of nurses and physicians. These health care professionals are trained to answer our dedicated EMS phones. We contract with Ware to provide physician services and to perform the EMS on-line consultation and direction duties. The ED has double physician coverage from noon to midnight; this will reduce the chance of a doctor being tied up with a critical patient and needing to talk to EMS at the same time. Other on-line medical direction sites are allowed when the requesting facility signs a contract and fulfills its commitments to become a site. Currently, Harris Methodist ftpltal HEB has obtained this status. Medical Center: of Lewisville Is in I the process of obtaining this status. Denton Community has expressed Its interest, if Baylor Is awarded the bid. Three dedicated phone lines, a fax, and a Physio-Control twelve lead receiving station Is located In an EMS work area. This area also contains a recording device for conversations between Baylor and the EMS service. Disaster assistance Is available by activating the Baylor Emergency Response Team. Destination control and bed availability can be offered as best as possible when a disaster strikes. Off-line medical control direction is another area offered. Baylor contracts directly with Dr. John Ansohn for his rote as the EMS Medical Director. Dr. Ansohn works for EmCare and Metroplex Emergency Physician Association (MEPA). While working for EmCare his services are provided at Baylor-Grapevine. When working for MEPA, his services are provkded to Denton Community Hospital. By reviewing Dr. Ansohn's resume, you will see that he climbed the ladder to obtain his role as a physician. As a result, he Is very paramedic friendly and, most importantly, a strong believer In the role that EMS plays in the continuum of care. A i rr \ C~ i Baylor Medical Center at Grapevine EMS Medical Control RFS^ #2414 (Denton FD) Baylor traditkrnally offers CQI standards only. Thew standards are developed by the EMS CQI Sub-Committee and approved by the EMS Medical Control Committee. The standards are implemented by the Are department by utilizing a CQI Officer and Field Tralning Officers. Remedlation and quality Improvement recommendations are usually developed by the agency (CQI Officer) and approved by the EMS Medical Director. The RFP submitted by Denton actually requests that medical control provide skills examination (once per year), chart audits, field evaluations, and CQI summaries. These services are traditionally conducted by the agency and subject to Inspection by the EMS Medical Director. These services are Included (with Baylor performing these duties) In the final quote. I Baylor will provide an EMS Instructor eight hours per week (three weeks per month) who will come to Denton and conduct chart audits, field evaluations, and CQI summaries during this time. The Instructor will make every attempt from the EMS Coordinator employed by the FD to obtain the charts, obtain who is to be evaluated, and submit monthly summaries. Skill evaluation instruction can be offered during this time. Skill testing will be offered on a testing :ase-by-case basis and Is not part of the bid. Our current fees for TDH skills testing are, EMT- Basic $100 per person, EMT-Intermediate $130 per person, and EMT-Paramedic $150 per person. In the past, the system (Baylor and Are departments) conduct two EMS Skills testing dates to fulfill TDH criteria. Admission is free for testing candidates when the fire department submits a TDH Examiner. EMS Protocols are developed and written by the EMS Protocol Sub-Committee and approved by EMS Medical Control. Our existing protocols are researched and based In national standards. In the skills section, skill levels are Identified for EMT-Basks, EMT-Intermedlates, and EMT-Paramedks. The chapters of the protocol book are Introduction, Cardiac, Medical, Pediatric, Trauma, Medication Reference, Skills Reference, and Medical Contrd Policies and Procedures. An original protocol book Is supped to the fire department and the agency will be allowed to make as many copies needed. A protocol book will be supplied to each paramedic during cdentation courses. updates and revisions are communicated through the agency's EMS Coordinator. c~ Saylor Medical tenter at Grapevine EMS Medical Control Length of time in business The EMS Miedical program was developed In 1993 as a joint endeavor between Baylor-Grapevine and the Citles of Colleyville, Flower Mound, Grapevine, Keller, Southlake, and Trophy Club. The hospital property, In Grapevine, was bought by the Baylor Health Care System in 1981 from a group of local physicians and became Baylor Medical Center at Grapevine. In 1903, Texas Baptist Memorial Sancta hum was developed and renamed Saylor Hospital In 1921. The health care I system has operated in North Texas since 1903. The system enjoys the strength, wealth of knowledge, and expertise that can come from being part a historically world renowned health care system. r ~ I A t r c: p Saylor Medical Center at Grapevine EMS Medical Control i Samples of CE evaluation tools, CQI reports, and other forms used in the administration of the medical control program. Enclosed are copies of the CE Verification Form, CE Replstratlon, Partkipant Evaluation Tool (student critique of Instruction). Enclosed In the attached CQI Plan are the forms used in the CQI process. { r t f CEMS CE REGISTRATION ' Date: Course Location: Shift: Course Title: Content Area: Hours Awarded: Course Approval Number: 100145 Lesson ID Number. Instructor Name and ID Number Coordinator Paul Rosenber&er Medical Control Ilse Only Student Name Depmtrmrg ID Nmiber Para/Fall 1 2 3 4 E 5 6 7 8 I 9 10 11 12 13 14 15 16 17 18 fit 19 20 f (~r\ V i I j i Continuous Quality Improvement Plan i C f c Baylor Medical Center at Grapevine EMS Medical Control Introducticn: Baylor Medical Center at Grapevine currently provides medical control to several public based EMS providers in Northeast Tarrant and Southern Denton Counties. EMS medical control is provided to the cities of Colleyviille, Euless, Flower Mound, Grapevine, Keller, Lewisville, Richland Hills, Roanoke, Southlake, and Trophy Club. The combined population for these nine cities is over 266,110 people. Nineteen fully dedicated ambulances and numerous Paramedic Engine Companies (PEC) provide high quality emergency medical services. The goal of the medical control system is to aid in the enhancement of emergency medical service and to provide access to medical control and educational opportunities to agencies participating in the system. This goal is accomplished by Baylor Medical Center at Grapevine providing continuing education, continuous quality improvement (CQI), protocols, and on'off line medical control. CQI is a comprehensive program that reviews all aspects of EMS care land has multiple participants. The CQI program is composed of a data base, in-field evaluations, a patient follow-up process, patient satisfaction surveys, new paramedic orientation courses, chart evaluations, incident investigation process, testing standards, and on-line medical control patient report review. j I The CQI process relies on several different participants to make it effective. Field Training Officers (FTO), CQI Officers, and the EMS Coordinator and Medical Director are essential to system review and improvement. FTOs are selected by the agency and approved by medical control. The qualifications that a FTO has are that he/she is a paramedic in good standing with their respective agency and has completed a FTO course that is hosted by Baylor. It is recommended that a FTO is a ranking officer and is certified by the Texas Department of Health as an Instructor and Examiner, or is certified by the Texas Commission on Fire Protection as a Basic Fire Instructor or higher. FTOs are responsible for conducting chart review, and conducting in-field evaluations, The CQI Officer should be a ranking officer within the agency or has been delegated the authority to implement to CQI the process. When this person is not a ranking officer, Medical Control will communicate directly to the agency's EMS Coordinator for various issues. FTOs are directly accountable to the CQI Officer, The CQI Officer is selected by the agency and approved by Medical Control. The qualifications that a CQI Officer possesses are that he/she is a paramedic in good standing with their agency and has completed a FTO course that has been hosted by Baylor, It is highly recommended that the CQI Officer is a ranking Officer within the agency. It is recommended that the CQI Officer is certified by the Texas Department of Health as an Instructor and Examiner or is certified by the Texas Commission on Fire Protection as a Basic Fire Instructor or higher. CQI j Officers are responsible for all of the FTO rc les and compilation, review, forwarding of the data base I requirements, chart evaluation, and administer ag the patient satisfaction survey. The EMS Coordinator is employed by Baylor Medical Center at Grapevine EMS Medical Control. The EMS Coordinator is accountable to the EMS Medical Director. The qualifications that the EMS Coordinator possess is that he/she possess is certified by Texas Department of Health as an Instructor and Examiner. It is preferred } that the EMS Coordinator also possesses the Coordinator certification. The EMS Coordinator is responsible for / r'- v oversight of the entire EMS medical control program. "Responding to the Call of Excellence" 2 f fr G Baylor Medical Center at Grapevine EMS Medical Control Organizational Chart: r F,i~y~ ♦ .j Lip. I r , !Y / / J °Reepooding to the Call of Euellence" 4 4 Baylor Medical Center at Grapevine EMS Medical Control In-Field Evaluation; r A Field Training Officer (new employees) or the individuars rarddng officer (current employees) will conduct in. field evaluation on each paramedic. A field training officer or appropriate officer will evaluate each primary i paramedic annually. New paramedics in the systems will have an evaluation at the sLY-month anniversary date and at the one-year anniversary date. These in-field evaluations should be incorporated or utilized when conducting an annual performance review for the EMS provider. The paramedic must obtain a score of "Meets Expectsdons" or higher and satisfy all absolutes on the evaluation. When an improvement opportunity is Idendfied, the CQI Officer and the EMS Coordinator will develop,a plan of action. The in-field evaluation form will evaluate the following components of EMS duties: 1. Paramedic preparedness ff. Interaction with other public service entities iII. Patient and family rapport IV. Sidll technique V. Protocol application and implementation VI. Interaction with on-line medical control staff VU. Interaction at the receiving thcifity I I f A~ "Responding to the Call of Escelleace" 6 { i G u ' Overall Rating: Score: FTO/CQI Officer Signature: EMS Provider Signature: _ FTO/CQ10fficer should make comments in the appropriate areas. EMS Providers should make comments in the area below. 3 i i . i f C- III. Patient and family rapport 4- Interactions are always professional and friendly. No valid complaints from famly or patient. 3- Interactions are consistently professional and friendly. Very few valid complaints from Uunily or patient. 2- Interactions are usually professional and friendly. May require intervention, complaints are considered wild in offense. 1 b Interactions lack courtesy and pmfessionalism Intervention required. 0- Commiu an offense that is grossly offensive to patient or family. (SA) X (W) 15%. Rating Justification: 1V. Skills technique 4- Follows an skills ctsterla and exhibits proficiency according to established r_ guidelines in the Procedure Chapter of the protocol book. i 3- Follows all skills criteria and exhibits a moderate level of proficiency according to established guidelines in the Procedure Cbapter of the protocol book. 2- Adheres to most of the established guidelines in the Procedure Chapter of the protocol book but ex uMu a minimal level of proficiency. i - Performs skills but in a mwiner or Ashion that is inappropriate. 0- Does not know skills criteria as established In the Procedure Chapter of the protocol book. Not proficient in skills usage. , (SA) X (W) 25% Rating Justification: I R VII. Interaction at the receiving facility 4- Interactions are always professional and Giendly. Patient reports are combe and the appropriate information is relayed. 3w Interactions are consistently professional and friendly. Patient reports are concise and the appropriate information is relayed 2- Interactions are usually professional and Eiendly. Patient reports are not always concise and/or the appropriate patient information is not relayed. I e Interactions occasionally lack professionalism or friendliness. Patient reports are not always concise and/or the appropriate patient information is not relayed. 0- Patient reports are not concise and/or patient information is not relayed. (SA) X (W) S% Rating Justification: 1 i fj~1: p c~ Baylor Medical Center it Grapevine EMS Medial Control Patient Satisfactlon Surveys: Patient Satisfaction Surveys w I be mailed out by the agency on at least twenty. percent of all EMS responses. When an improvement opportunity Is Identi5ed, the CQI Officer and the EMS Coordinator will be responsible for developing a plan of action. I 1 i I / A. "Responding to the Call of Excellence" 8 Your City Logo P.O. Box 123 Beautiful City USA 12345 i 1 .........................DETACH HERE.............. CITY OF BEAU TFUL CUSTO,kaR SERVICE SATISFACTION SURVEY Recently you had an occasion to contact the Beautiful City Fire/EMS Department with a request regarding f PLEASE GRADE US! ® r HOW SATISFIED WERE YOU: ~i IJ Were the Are/EMS personnel fair and Wort-dlsatmfreby? A__B,C-D_F Were the Are/EMS persornel Mendly and is ft? A_B"C,_D_F~ Were our Fire/EMS personnel kvwledgeabie? A,8______C______D_F_ WC, "FWWE 4 ftwvnd mvtwLwhw0v rsvordrv to yw repuetl Were you sadded with ft quality of service We provides? A____B_C_ _D_, _F_ Were you satislled with the FlrejEMS personnel ow al p&*nvm? Yes-No ADDITIONAL COWMNTS OR SUUOESTIONS YOU MIGHT HAVE AND WISH TO SHARE: i ! t 1i t l New Paramedic Orientation Day 1; 0800-0900 Why 12 Lead ECO E 0900-1100 Cardiac Anatomy & EIectrophysiology 1100.1200 Lead Placement 1200-1300 Lunch 1300.1500 Characteristics ofa Normal 12 Lead ECG 1500.1700 Characteristics of an Abnormal 12 Lead ECO . 2; 0800.1200 Protocol Review A. Introduction Chapter b. Cardiac Chapter C. Trauma Chapter d. Medical Chapter e. Pediatric Chapter 1200.1300 Lunch 1300.1400 Protocol Review f. Procedures Chapter F- Drug Information Chapter 1400.1600 Skills Instruction and Testing & Implantable Access Systems b. Intraosseous C. Percutanecus Airway d. Pleural Decompression 1600.1700 Written Exeminatiota w New Paramedic Orientation Course' Course Completion Checklist Name: Agency: Agency I.D. ff Certification Level: Protocol Handbook M Review Skill Sheet Implantable Access Systems Skill Sheet Intraosseous Infusion Skill Sheet C- Cricothyrotomy Skill Sheet Pleural Decom ssion Written Examination BCLS and ACLS are system requirements. If you do not possess these certifications, please notify your agencies EMS Coordinator r' ' ~J r• w, Baylor Medical Center at Grapevine EMS ,tifedical Control Program i Introsseous Infusion Skill Sheet Candidates Name: Agency: Yes No Descri tion of action to be undertaken Locates (Anterior aspect of the tibia 1.3 cm. below the tibial tuberosity). Preps area with aseptic technique, outward direction. Directs 10 needle inferiorly to avoid the epiphyseai plate. Verbalizes successful cannulation (Must verbalize at least one of the following: Lack of resistance after needle passes twough the bony center, needle stands upright without support ability to aspirate bone marrow, or free flow of the infusion without significant subcutaneous infiltration). Attaches IV fluid. Secures needle with protective dressing. Satisfies the above criteria. Comments Medical Control Use Only" Signature or Examiner: Date. F i 1 a cr s f Baylor Medical Center at Grapevine EMS Medical Control Pleural Decompression Skill Sheet i Candidate Name. Ageocy: I 1111 Yes No Ikscri lion of action to be taken Identifies the need for pleural decompression (Must verbalize two of the following si ns or . i symptorns: dyspnea, diminished breath sounds, hypotension, or distended neck veins). I Locates the second or third intercoastal space in the mid-clavicular line. Preps area with aseptx technique, outward technique. Inserts the twedle over the db Into the pleural space. Withdraws the needle from 'he catheter and attaches the one-way flutter valve. Secures pleural decompmsslon device. Continuously monitors the breath sounds, respiratory rate and e8brt, Sstlsfles the above criteria. " Medical Control Use Only" Signature of Eiamleer: Dale: ,r i r ~ Baylor Medical Center at Grapevine EMS Medical Control Chart Evaluation; a The agency s CQI officer will oversee chart evaluation. The agency will review a minimum of thirty charts per month (with available call volume). Each agency will review at least fifty percent of she following categories of calls: ALS calls, aeromedical support, CPR, pharmacological agent administration (excluding oxygen, and IV therapy), and completion of a patient refusal form. Selected sections of the protocol book have a corresponding CQI Appropriateness of Care Standard that will be utilized to evaluate Improvement opportunities. On the back of these sheets are comment sections for the EMS provider and the CQI officer or PTO. Providers will respond to questions by the CQI Officer or FTO in a timely fashion. The goal for chant evaluation is to have ninety. percent compliance to the appropriate standard that applies to a given medical condition and satisfy all absolute requirements. The provide- will be required to treat and document a patient report with compliance to the CQI standard and protocol, Deviations from the standard should be explained on the patient care report. At the end of each month, the CQI Officer will submit a copy the Quality Management report to Medical Control. All charts are subject to Inspection to Medical Control. When an improvement opportunity is identified, the CQI 0Riicer and the EMS Coord inat o r wil I dm lop a plan of action, r - i i "Responding to the Call of Ese'ellence" 10 C Please oo lde the inforarition below for es ch chart that does rat meet the l ehodssda I ~Y 1 2 3 I 4 i 6 7 8 9 10 11 r I. t 12 13 14 15 , 16 17 18 { 19 fi 24 Improvement Action Codes: I ■ D' cussed with individ 2 ■ Referred to Su ~g4 pervisor, 3 r Referred to Medical Control, 4 ■ Departmental policy changed, 3 ■ Protocol review/change, y erd/or 6 ■ Other, please specify, C Ii l 1 I I F O/CQI Officer Observations do Qtuetiom: 4 i I I I ' I i i I EMS Provider Commeats: I i i EMS Provider Signature:- Dite: I I (r t• . i i I Baylor Medical Center at Grapevine EMS Medical Control Confidential Wontmtion *r' I Medication Administration Approptiateness of Care Standard I Provider Nam: Chart Number: i I Medication administration was in eou,4l':nce with protocols or direct orders • given Medical Control Provides complete documentation of the following: • • • route, time adminlstered, dosage, and the person administering the medication. Provides complete documentation of the medicated IV drip. Name of • solution. amount o; mtedication to solution and rate. Assesses thane In ticnt condition after treatment. Documents allergies, when a railable. too Are the Absolutes Satisfied? Yes No Score of Chart Is the Score Greater Than 89•/.? Yes No If anv of the absolutes are not satisfied or the score is not equal to or greater than 90%, the chart does not meet the CQI standards. Please make comments on the back oftW sheet. EMS Providers are required to respond to FTO/CQI Officer commeras. I ' I FTO'CQI Officer Signature: Date: ~ I I t ~r cU Baylor Medical Center at Grapevine EMS Medical Control Confidential Information Trauma Appropriateness of Care Standard Prodder Nana: Chart Number: Provides clinical IM) ressioc. u• Obtairu history and chief compliant, provides time, mechanism of kfury, and loss Of Consciousness. Assesses respiratory status, Pste, symptoms of distress, breath sounds, and 0* 4 l ulse oximeter. Provides a to , to airway control and oxygen therapy. +640 Assesses vital si pratrartsport trait -t or as directed protocol Provides continuous cardiac monitoring with correct late rctation Assess neurolo Ica! status. Provides full assessment ofsll body systems. Provides s Inal immobilizatio wound dressir and/or fracture stat"gzation. Provides IV therapy. Lists fate, route, size, she, fluid, and person Irtitlating IV I f with the number ofattemols Performs advanced skills as imdkated, MAST, pleund decompression, or other. Lists the txrson initiating the skill. Assesses chan a in atient condition afier treatment. Cowacts Medical Control. Reassesses aticra condition at receiving facility, Treats tientin co Hance with rotocol. Scene time 10 minutes or fens for major trauma Are the Absolutes Satisfied? Yes No Score of Chart Is the Score Greater Than 89'/•? Yes No r If on of the absolu'es are not satisfied or the score is mt:: equal to or greaser than 900/t, the chart does not meet the CQI standards. Please make comments on the back of this sheet. EMS Providers are required to respond to FTO/CQI Officer comments, FTO/CQI Officer Signature: Date, A` I'd u Baylor Medical Center w Grapevine EMS Medclal Confidential Information •4 + Adverse Wdent/Sentinel Event/Ctialcal Compliant Appropriateness of Care Standard Provider Nome: Chan Number: Date of Incident: Parties Involved: Description of ImIdenVEvent: I I r• I Date Reviewed: Action Taken: 1 rr~ ` . Please attach any pertinent paperwork +I • ~t ct. ' Heylor Medical Center at Grapevine EMS Medical Control Testing Standards: TD8 Evaluation Tool For the EMT or EMT-1 to function within the medical control system, the EMT must obtain an overali score of at least a seventy five percent. The EMT•P must obtain an overall score of at least a seventy five percent and achieve at least a seventy- percent in each sub scale area. First Failure If the provider fails the TDH Evaluation Tool, the EMS Medical Director will assign a probationary status and the provider will be given the opportunity to self-study. The provider will continue to function at their state ceniBed level. The EMT or EMT-I will be administered an valuation tool, by Medical Control, which will cover the entire course content of an EMT basic or EMT-I course, which ever is appropriate, The EMT-P will retest the specific subscale that the provider failed, up to three vibscales. If the individual fails four or more subscales or the overall score Is below seventy-five percent, the EMT-P will retest the entire course content of an EMT-P course. These tests will be administered by Medical Control. All testing will be completed within ninety days. Second Failure If the provider fails the TDH Evaluation Tool and the Medical Control Examination, the provider wifi continue choir probationary status and study with a FTO. The probationary provider must function under the FTO's direct supervision and cannot be responsible for patient treatment at any time. The provider may perform :frills only when supervised by the FTO. Ifthe FTO's supervision is not provided, the provider may only function at a level below their certification. A paramedic will function at the EMT level. The EMT and EMT-I will be administered another examhution, by Medics] Control, which will cover the entire course content of an EMT or EMT-I course, whichever applies. The EMT-P will retest the specific subscale that the prodder failed or the entire course content of an EMT-P course, which ever applies according to the first failure criteria. This test will be administered by Medical 11 Control. I All testing will be completed within ninety days of the EMS Medical Director receiving the test results from the EMS Coordinator. "Responding to the Call of Excellence" 12 a Second Failure: Baylor Medical Center at Grapevine EMS Medical Control If the provider fails initial Protocol Examination and the retest, the provider will continue their probationary E status And work and study with a FTO. The probationary EMT-P must Mri ction under the FTO's direct supervision and cannot be responsible for patient treatment at any time. The EMT-P may perform skWs only when supervised by the FTO. If the FTO supervision b not provided, the provider may only function at an EMT level. The EMT-P will retest the specific section that the EMT-P failed. Medical Control or the CQI Officer will administer the retest. All testing will be completed no sooner than fourteen days and no later than sixty days. Third Failure: If the EM-11 fails the initial protocol examination and two retests, the provider will receive a letter from the EMS Medical Director that states that they are no longer eligible to provide any EMS can under the direction of the EMS Medical Director's authority. A fire fighter status will be the only recognized status. If the EMT-P wants to regain their EMS status, they must mead a New Paramedic Orientation Course. Alter succmful completion of this course and the entire Protocol Examination, the EMT-P status will be reassigned. A &e fighter status will be assigned from the failure date of the retest to the date of successful completion of the New Paramedic Orientation Course. Fourth Failure: After failure of the initial Protocol Examination, two retests, and the New Paramedic Orientation Course, the EN1T-P will be considered a fire fighter only and subject to dhelplinuy actions established by their respective agencks. 1 "Responding to the Call of Esceilence" 14 I i (1 U f; Baylor Medical Center At Grapevine EMS Medical Control Physician Competencies: On/Off line Medical Control Physicians will be required to complete an exercise that Is intended to hmiliarize the physician with medical control systems medications, procedures, and quality assurance plan. The exercise Is In a question and answer format. The physician will have two weeks to complete the exercise. The exercise will be administered by the respective medical director at each on-line medical control site and submitted to the EMS Coordinator. I jr; n "Responding to the Call of Excellence" 16 f' t i I Your Name: Date: 1. Please Ust the 28 drugs that are carried by the paramedics on each EMS vehicle. This an be found in the Introduction or Drug Informatlon Chapters. I I 2. List the type of Intravenous Solution and sizes that are arried by the paramedics in the EMS vehicles. This can be found In the Introduction Chapter. i 1 1• 0 c S, What does the term "Open" and "Closed" mean In the Transportation Ouideline protocol? 6. In the event of an Adverse Incident/Sentinel Event/Clini reporting form be found? cal Complaint where can the (ER Departmental Policy) 7. This form should be completed and mailed to: Baylor Medical Center at Grapevine EMS Education-Attention: Paul Rosenberger 1650 West College Street Grapevine, TX 76051 8. Comments or Suggestions: i Baylor Medical Center at Grapevine EMS Medical Control RFSP #2414 (Denton FD) A division of duties between the Medical Director and the DFD EMS Program Manager. These duties are spelled out In the attached contracts. DFD's duties can be found In Section 5 (page 2). Baylor's duties can be found In Section 2 (page 2) and Dr, Ansohn's duties are found In Exhibit B, Section 1(page 5). i i I . 1 i f i e. Establish 1 guidelines and monitor quality assurance; f Coordinate sufficient continuing education to meet Department requirements as set forth at 25 Tex. Admin. Code § 157.39; g. By independent contract, Baylor will provide an EMS Medical Director (the "Director"), as defined by 22 Tex. Admin. Code § 197.2 who flrlfills the obligations and requirements of Chapter 191, Tex. Admin. Code. pertaining to EMS medical directors. The agreement between Baylor and the Director to provide the EMS Medical Director services is attached hereto as Exhibit "B" and incorporated herein by reference; and h. Baylor will sponsor up to three (3) EMS Examiners and three (3) EMS Instructors from Emergency Service. I. Baylor will conduct CQI chart evaluation, field evaluation, and a monthly summary to fulfill TDH requirements. 3. Relationship of Parrt~., The parties agree and acknowledge that in the provision of all services contemplated by or Incident to this Agreement, both parties are acting as Independent contractors. Nothing in this Agreement shall be interpreted or construed so as make Baylor an employee, agent, or borrowed servant of Emergency Service. Nothing in this Agreement shall be interpreted or construed so as to make the employees of Emergency Service the servants, agents, or employees of Baylor. Emergency Service and the employees of Emergency Service shall not be eligible for the empioyment benefits, including health and unemployment insurance, and worker's compensation coverage, which are provided to employees of Baylor, . The parties agree and acknowledge that the Director Is an independent contractor physician, and nothing In this Agreement shall be Interpreted or construed so as to make the Director an employee, servant or agent of saylor or Emergency Service. 4. Csmgtauj p In consideration for Baylor's provision of medical control services under this Agreement, Emergency Service will pay to Baylor the fee set forth in Exhibit W. The fee shall be paid to Baylor on or before the tenth (10th) day after the Commencement Date of each term of the Agreement. Refunds shall only be made on a monthly prorated basis for termination of contract After the expiration of the first term of the Agreement (I year) and upon their mutual agreement, the parties may modify the compensation to be paid Baylor by executing it new Exhibit to the Agreement, S. ObG¢ations of Fm r¢ n y Sen?ce. Emergency Service shall be responsible for the i following: a. Emergency Service shall secure, on behalf of itself and its employees, insurance applicable to personal Injury or property damage wising out of the conduct of Emergency Service personnel pursuant to this Agreement. Evidence of such coverage shall be provided to Baylor upon request. A JuCHLA.'D 1a11.J COvMWTnae 2 i r I G { u ! 10. $everabirly. In the event any provis£on of this Agreement Is held to be unenforceable for any reason, the unenforceability thereof shall not effect the remainder of this Agreement, which shall remain in full force and efi'ect and enforceable In accordance with its terms 11, hkim. Any notice or bill] provided for ii this Agreement shall be In writing and shall be deemed given if mailed by United States certified or reglstered mail, return receipt requested, postage prepaid, properly addressed as follows: Emergency Service: XYZ Fire Department Bay:or. Baylor Medical Center At Grapevine Attention: Paul Rosenberger EMS Education Coordinator 1650 W. College St. Grapevine, Texas 76051 12. ModiflcaEon. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous negotiations, commitments and writings. The Agreement may not be modified or amended except by a written instrument signed by both parties. 13. A,ssjg6Q1e. This Agreement shall apply to, and be binding upon, the parties and their ` respective successors and permitted ass£gns. However, this Agreement may not be assigned by either party without the prior written consent of the other party. Any assignment attempted without such consent shall be void. 14• Cho£ce of .w, This Agreement shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereby execute this Agreement, intending to be dally bound thereby, as of the date first set forth above. 1 BAYLOR MEDICAL CENTER XYZ FME DEPARTMENT AT GRAPEVINE _ BY, Mark Hood, Executive Director F'.; a Chief City of XYZ, Texas ANC}a.WDltlW tOi~77UCrAOG 4 f l • j a. Colleyville Fire Department; b. Denton Fire Department; e. Euless Fire Department; d. Flower Mound Fire Department; e, Grapevine Fire Department; L Keller Fire Department; S. Lewisville Fire Department; It. Rlchland FLlis Fire Department; 1. Roa„oke Fire Department; Southlake Department of Public Safety; k. Trophy Club Emergency Medical Services. 6. The term of this Agreement "I continence November 1, 1949, and continue until terminated as provided herein, 7. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. 8. Neither party may assign this Agreement without the express written permission of the other pay 4, This memorandum comprises the entire, fullyImegnted Agreement between the parties. Any prior aggrreemehts or understand ags, whether orb or wrMen, not ma0~e a part of this rr~~greeltient ate not l Oth of Ns Agreement. Any additiohs or modifications to this 1906rnerlt must bb In writing and signed by both patties. 1 IN iNESS ~AEbF, the pahies hbteto have signed tlis agreement through their duly aut{idtized 1~itALckNtttt fesentatives. BAiGAt ailA h4v i M go-w, kwutive m-atbr P4ildA john db D.O. . AAICHLA.wxtusCOMA r W tS 0 c~ Baylor Medical Center at Grapevine EMS Medical Control Implementation plan for integrating City of Denton Fire Department into provider's present system. The plan for Implementation will consist of teaching three (one for each shift) New Paramedic orientatlon Course prior to November 1, 1999. These class will be scheduled on mutually acceptable dates between Denton FD and Baylor. These ciasses are eight hours long and will consist of protocol review and teaching/verlfkadon of Baylor skills. A one hundred item multiple-choke test will conclude the session to establish competencies. The changing of DPS and DEA narcotic registration will require at least forty-five days. Upon nodfkation by Denton Fire Department, Baylor will begin the registration process with these entities. During this time, TOM will also be nodfled of the changes. Denton Fire Department will be notified of all upcomUtg meetings and arrangements will be made to establish a CE day. I i I c. 5, 1 G EMS Medical Control Membea b Ba)Jor Medial Center at G!apnine Trophy Club Fire Department Paul Rosenberger Roger Unger. EMS Chief Baylor Health Cue System 100 Municipal Drive 1650 West college Stets Trophy Club, TX 76261 Graprine, Texas 76051 (817) 430-1911 s 130 Colle)viIle Fire Department Roatwke Fire Department Mdy Broody, Captain Orion Hecht. Fire Chief 1601 Hall-Johnson Rd 21 S James Street Colley%ille. TX 76034 Roanoke. TX 76262 (817) 488.1320 (817)491.2301 Euless Fire Department Scot! Parsley, Battalion Chid 201 W. Euless Blvd. Euless. 7X 76039 (817)685.1602 or 683.1613 Flower Mound Fin Department Scott Mitchell. EMS Chief 3838 Forums Drive Flower Mound TX 75028 (972) S39-0766 Grapevine Fire Department Chuck Jones, Division Chief 601 Boyd Dr. Grapn{ne, TX 76051 (817)410.8100 Keller FireAtesew Steve Palmer, Lieutant 137 Taylor St. Keller. TX 76248 (117) 431-3311 Lau is it le Fire Department Julia Lowery, Medical Sen:xt 4:oordinalor 188 N. Valley Parkway LtMo ille, TX 75029 (972)219.3580 i Richland Hine Fine Depanment Greg Tucker, Fire Chief 3201 Diana Drive PJCW&nd Hills, TX 76118 (817) 393-6635 Southlake DPS Dale Sklnmer, EMS Chief 661 N. Carroll Ave. j+.; Southlake, TX 76092 (817)181-5581 ea. 734 u Baylor Medical Center at Grapevine EMS Medical Control Documentation of certifications and licenses. These documents are enclosed with the resume/currlculum vitae section. f i I i A~ , a R#or Medical Center at Grapevine EMS Medical Control Certificate of insurance ii r ~ ~ i ZX RIT Mc• 1 . In consideration of the services provided in the attached Agreement, City of Denton will pay to Baylor the fee of S62,750.00 per year for each teen of the Agreement. City of Denton shall pay the fee to Baylor in quarterly installments of S I S,687.50 per installment. i 1 r I C i I ~ i I • 1 E?¢1BIT "D" : MEMORANDUM OF AGREEMENT For the mutual promises and consideration set forth herein, John Ansohn, D.O. (hereinafter "Physician') and Baylor Medical Center at Grapevine, a Taos non-profit corporation located at 1650 West College St., Grapevine, Texas 76051, (hereinafter "Baylor") do hereby agree as follows: I. Baylor assists various area fire departments in satisfying certain requirements pertaining to the operation of Emergency Medical Systems (EMS). By law, each EMS is required to have a Medical Director who Is responsible for all aspects of the operation of an EMS system concerning the provision of medical care. This person is referred to as the Medical Director (off=line). Physician is willing to serve as the Medical Director (off-line) for those EMS sysrsms steel in Section S of this Agreement which have independently contracted with Baylor for assistance with EMS services. in accepting such posidoo. Physician acknowledges and agre•,s: L That Physician possesses the qualifications for Medical Director (off-line) as set forth in the regulations of the Texas State Board of Medical Examinbrs, 22 Tex. Admin. Code if 197.1 S1 M. (hereinafter "the EMS rules") ; b. That Physician will falthfully perform and carry out the dudes and responsibilities of Medical Director (off-line) set fbrth in the EMS riles as amended from time to time. 2. Either party may terminate this Agreement at any time, with or without cause, after providing the other party with ninety (90) days prior written notice. Physician shall continue to performm his dudes as set forth herein during such ninety (90) day notice period, 3. The panics enter into this Agreement u independent contractors. It is the express intent of the panics that nothing In this Agreement shall be construed to create any employer- employee, principle agent, partnership or joint venture relationship between the parties. Physician shall not be subject to any employee rules of Baylor nor shall Physician be entitled to any employee benefits of Baylor. 4. While this Agreement is in effect, Physician shall carry professional liability insurance in amounts not less than one rnillion dollars (S 1,000,000) per claim and three million dollar (53,000,000) aggregate for all claims in a policy period S. Physician will provide Medical Director services to the following EMS systems: a, Colleyville Fire Department; b, Denton Fire Department; C. Euless Fire Department; ' I u Ii f . d Flower Mound Fire Department; e. Grapevine Fire Department; f. Keller F'u'n Department; g• Lake Cities Fire Department; j h. Lewisville Fire Department; i. Richland (fills Fire Department; Southlake Department otPublio Safety, IL Trophy Club Emergency Medical Services. i 6. The term of this Agreement shall commence January 1, 2000, ad continue wrtil terminated as provided herein. 7. This ~ ent shall be governed by and construed in accordance with the laws of the State i 8. Neither party may assign this Agreement without the anpress mitten pamission of the other party. 9. This memormA m comprises the entire, Arlly-integrated Agreement between the parch. Any prior agreements or understandings, whether oral or written, not made a part of this Agreement me not a part of this Agreement. Any additions or modilloations to this Agreement must be In wining and signed by both parties. IN WITNESS WHEREOF, the parties hereto have signed this somemant through their duly authorized representatives. BAYLOR MEDICAL CENTER AT GRAPEVINE Mark Hood, Executive Director i PHYSICIAN John AmIA D.O. r i I i Apettde No AGENDA INFORMATION SHEET A(l~da ',MIA Il _ r. Date1 AGENDA DATE: December 7, 1999 Questions concerning is acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349-9467 ACM: Kathy DuBose, Fiscal and Municipal Services MEMO An Ordinance authorizing the City Manager to execute a Professional Services Agreement with SGS Witter, Inc, to provide professional services for construction management of 69KV transmission facilities construction and related services as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFSP 2429 - Construction Management Services awarded to SOS Witter, Inc. In the not to exceed amount of S73,200). BACKGROUND: A contract for Construction of 69KV Facilities was approved by the City Council on November 16, 1999. The work for this contract will begin in January mid is expected to take four to five months to complete, construction management will be required. Denton Municipal Electric does not have the staff to do construction management for projects of this magnitude, nor do we have field personnel trained to monitor all aspects of this type of construction. Further, the distribution construction manager currently on staff Is scheduled to retire at the end of January, 2000. Because of the nature of the tasks performed for management of the projects, it will be necessary for a construction manager to be on the job daily ant to be available at all times. Overtime, including weekend work, will be required which increases the necessity of an individual being located in Denton on a full time basis. While the uireteq ment will be for availabilin, at all times, the work will not be full time. Weather days will stop construction, and some construction , activities do not require that the construction manager be on the site at all times. Companies that provided a proposal estimated that 30 to 70 percent of a full time equivalent person would be required if averaged over the entire construction period. DME will utilize the remaining 30 to 50 percent of the construction manager's time to begin design work for approved CIP Projects. RECOMMENDATION: We recommend this contract be awarded to SOS Witter, Inc. in the amount of $73,200. ESTIMATED SCIiEDULF QF PRO.I CTt Construction to start In mid December 1999, or early Jamlary 2000, and be completed by May 2000. i PRIOR ACTIONIAPPROVALI s City Council awarded a contract for 69KV Transmission Facilities on November 16,1999 • Public Utility Board considered and recommend approval of this Construction Management contract December 6, 1999. i I { c c~ Agenda Information Sheet x., December 7, 1999 Page 2 FISCAL INFORMATION, • The Design Phase of this contract will be funded from Revenue Bond fund account (653. 080-RB98-3650-9219-C054004B) in the amount of 529,080, i • The Construction Management Phase of the contract will be funded from Revenue Bond fund account (610.105-1051.9300.8502) in the amount of $43,920. PROFESSIONAL SERVICFS AGREEMENT INFORMATION: This Professional Services Agreement is for the Construction Management Services required for the 69KV Transmission Line Facilities Construction project. Included in the scope of services are: • Insuring compliance with engineering documents • Insuring quality workmanship and safe +iA practices • Assisting with coordination between DME and contractors i.e. surveyor tree trimmers, etc, • Record Keeping on construction activities • Review of rill construction tests • Other duties as required • Assist Electric Engineering with other engineering related needs Respectfully submitted: a Tom Shaw, C,P,M,, 349.7100 Purchasing Agent Attachment 1: Purchase Order 01626 to SOS Witter, Inc, Attachment 2: List of Respondents to RFSP 2429 13D6 AGENDA J' d j PURCHASE ORDER NO 01626R THIS 15 + This number must appear on all CONFIRMING ORDER Ilul( invoices, delivery sips, cases. (IF MARKED) tint, boxes, pecking slips end bills. DO NOT DUPLICATE Rey Na Bid No Deli 11 23 99 Pepe Na 01 CITY O RAWAiASNSO OIV ONO I SDI a TEEN s~~f fTEOHYfxOR TEXAS 76201-4364 2401349-7100 D1FW METRO 817/267-0042 FAX 2401349-7302 ENDOR 809 WITTER, INC. Visit the City of Demon's Webshe st wwwoltyoldenloneam 4ME/ 4721 S. LOOP 289 SUITE 201 DELIVERY CENTRAL RECEIVING 827 DDRESS PO BOX 53969 ADDRESS ELECTRIC EXGINBERIXG LUBBOCK TX 79453 901 B TEXAS ST DENTON, TX 76201 GENE N. SMITH VENDOR NO. 90949000 DELPARY QUOTED 12 10 99 F06 DESTINATION BUYER TS TERMS L J01 29,280.00 09 VENDOR CAT. 0 N / A MFO NAME 16000 99,280.00 1 CITY 1 8100 DESIGN SERVICES FOR CIP 302 43,920.00 ES VENDOR CAT. 4 N / A XFG NAME 1.000 43,920.00 CIT2 0 9100 CONSTRUCTION MANAOENBNT SERVICES FOR 69KY CONSTRUCTION P OR TOTAL ! 73,200.00 GR ND TOTAL ! 73,200.00 n, 01 653 080 RB98 3650 9219 C0540040 C054004B 29,280.00 02 610 105 1051 9300 8502 43,020.00 v11~OM N4STAUtf10NS W'- 1 tam! • Not 10 tea,, 6000:10 y..e.,,l 1 Isnf w4wd m"Ief vote fiilinies4 lie". 4. Shi ind klsVOc USnk 11.0.6 CovirotiM 10 1 W114 006,014 m"A.,l 1 Bill to • A"0011 il'k I. % fedi N two UNI ds shell M Mtlhu~1f 111 I. MCK It in jricH Iilift ! K» 1.4114, r' ~ a v: i Attachment 2 RFSP 2429 List of Respondents SGS Witter, Inc. Burns & McDonnell Tippet & Gee Freese. Nichols Power Engineers, inc. i I j i c i I 't, ` UW) c, c~ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SGS WiTTER, INC. TO PROVIDE PROFESSIONAL SERVICES FOR CONSTRUCTION MANAGEMENT OF 69KV TRANSMISSION FACILITIES CONSTRUCTION AND RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFSP 2429 - CONSTRUCTION MANAGEMENT SERVICES AWARDED TO SGS WITTER, INC. IN THE NOT TO EXCEED AMOUNT OF 573,200). THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION 1• That the City Manager is hereby authorized to enter into a professional service contract with SGS Witter, Inc, to provide Construction Management Services, a copy of which is attached hereto and Incorporated by reference herein. SECTION N. That the City Manager is authorized to expend funds as required by the attached contract. SECTION III. That this ordinance shall become effective immedia?tly upon its passage and approval. PASSED AND APPROVED this .he day of _,1999 JACK MILLER, M,1YOR , ATTEST: JENNIFER WALTERS, CITY SECRE i'ARY BY: f APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: A PSA• RFSP 2429 - CONTRACTUAL FOR PROFESSIONAL SERVICES. ORDINANCE I c PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT AND DESIGN STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as Jthe 7`h day of December, 1999, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and SGS Witter, Inc., with its corporate office at 4727 South Loop 289, Suite 201, P.O. Box 53969, Lubbock, Texas 79453, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives, WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, construction management and design services. ARTICLE 11 SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: j Project management for 69KV transmission line projects to include reconstruction of the Spencer to Locust transmission line, replacement of poles in the North Lakes Substation, and reconstruction of four spans of transmission line near the intersection of US 77 and Riney Road in Denton. Utitize time available, when not required for construction management, to assist Electric Engineering with design of approved CIP projects. A. The CONSULTANT shall perform all those services u necess and as described in the A OWNER's request for scaled proposal, RFSP #2429, which is at ached hereto and made a part hereof as Exhibit "A" as if written word for word herein. B. To perform all those services set forth in CONSULTANT's Proposal to City of Denton, RSFP #2429, for Construction Management Services, dated November 4, 1999, which i i 1r l t. 4 M k l i r Proposal is attached hereto and made a part hereof as Exhibit "B" as if written word for word herein. C. CONSULTANT shall Perform all those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. D. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, The terms and conditions of this Agreement will control and conditions of the attached exhibits or task orders over the terms ARTICLE Ht ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the 0%VNER, which are not included in the above-described Basic Services, arc described as foI loins: A. During the cowse of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservotion Commission, U,S. Environmental Protection Agency, or other regulatory agenuas. The CONSULTANT will assist OWNER's personnel on an as- needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance effons. B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement C. Sampling, testing, or analysis beyond that specifically included In Bosic Services. D. Preparing copies of computer aided droning (CAD) electronic data bases, drawings, or riles for the OWNER's use in a future CAD system, c Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications, F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction A of the Project, including the preparation of engineering data and reports for assistance to l the OWNER, G. Assisting the OWNER in obtaining gcotechnical investigations for the sites if specified by the owner, including soil borings, related analyses, and recommendations. 'the cost for any soil boring will be paid for directly by the owner. Page 2 I t: •5,. 11. Other services needed in support of assigned design tasks. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated In accordance with the provisions hereof. Time is of the essence In this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by Ilhc OWNER, acting through its City Manager or his designee. ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1, "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of not applicable), 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed $73,200. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final five percent (5%) of the contract amount until r~ completion of the Project. A, , Nothing contained in this Article shall require the OWNER to pay for any work which Is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is riot submitted in compliance with the terms of this Agreement. The OWNER shall not be Page 3 (3 t I t t I j I required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. i It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed j in Article IU "Additional Services," without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES; For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "C." Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection 8 hereof, Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60'h) day, and, in addition, the CONSULTANT may, aner giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (16,10) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." ARTICLE N'I OBSERVATION AND REVIEW OF THE WORK Ir The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or Nmished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to th's Agreement are instruments of service, and , shall become the property of the 0%1`NER upon the termination of this Agreement, The CONSULTANT is entitled to retain copse: of all s-ich documents. The documents prepared and fumished by the CONSULTANT are intended only to be applicable to this Project, and OWN, ER's use of these documents In other profecu shall be at OWNER's sole risk and expense. In the event the OWNER uses any of'the information or materials developed pursuant to this Page A r 1 t h ~ t- I I ~ Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE Vlll 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. ARTICLE 1X INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a parry to this Agreement, and nothing herein shall waive tiny of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation Y filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE X 4 INSURANCE h During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least 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 $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than 5100,000 in the aggregate, r B. Automobile Liability Insurance with bodily injury limits of not less than S500,000 for ! A. each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident, C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than S100,000 for each accident. i Page 5 t D. Professional Liability Insurance with limits of not less than S1,000,000 annual aggregate. E. The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (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, serve substitute policies furnishing the same coverage. ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval, ARTICLE XIi TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination wiil be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt tcqucsled) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination. C, If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly tendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation," Should the OWNER subsequently contract with a new consultant for the continuation of services on the A Project, CONSULTANT shall cooperate in providing information, The CONSULTANT l " shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. Page 6 l: ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, not be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personalty 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 of three (3) days' mailing: To CONSULTANT: To OWNER: SGS Witter, Inc, City of Denton Gene N Smith, Vice President Chuck Sears, Engineering Administrator P.O. Box 33969 901•A Texas Sreet Lubbock, TX 79433 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of ten (10) pages and two (2) exhibits, constitutes the complete and final expression of the agreement of the parties, and is Intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XVI SEVERABILITY i If any provision or this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable, in such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Page 7 f, c i, i f i h ~ i ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XVIII DISCRIMINATION PROHIBITED In performing The services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A. The CONSL-.TANT 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 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. 8. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under stale and local laws to perform such services. ARTICLE XX %SSIGNAiiii,ITY The CONSULTANT shall nut 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 OWNER. ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence A, , in any proceeding arising between the parties hereto out of or affecting this Agreement, or the f I % \ rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. Page 8 I~ i G ~ I i I II Ii 1 f i f I ARTICLE XXII MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A - OWNER's RFSP #2429 Exhibit B - CONSULTANT's Proposal for RFSP #1429 B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section, OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Mr. Kurt Staller, However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its finn to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. G. The captions of this Agreement are for informational purposes only, and shall not in any %ay affect the substantive temts or conditions of this Agreement. A , IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be r;.~ executed by its duly authorized City IvL.aager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the 7`" day of December, 1999, Page 9 r r, CITY OF DENTON, TEXAS MICHAEL W. JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY; APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CONSULTANT GENE N. SMITH,VICE PRESIDENT WITNESS: BY. r' i Page 10 C• ~ ~1 l: I Exhibit A City of Denton RFSP #2429 1 `I l l t, a CITY OF DENTON RSFP # 2429 REQUEST FOR PROPOSAL TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES BID OPENING DATE: 11/4199 By 2:00 P.M. Prepared by: Electric Engineering ' F; V t; f i NOTICE TO VENDORS Proposals will be received by the City of D mton, Texas at the office of the Purchasing Agent prior to 1:00 p.m., NOVEMBER 4. 1922 for the followings RSFP # 2429 - REQUEST FOR PROPOSAL TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES Qualified prospective suppliers my obtain copies of the proposal with information at the office of the Purchasing Agent, located at 901•B Texas Street, Denton, Texas 76201 in the Service Center complex. i The City of Denton, Texas reserves the right to reject or accept any proposal and award to the most advantageous proposal received. No officer or employee of the City of Denton shall have a financial Interest, direct or indirect in a,ty contract with the City of Denton. Minority and small business vendors are encouraged to submit proposals. CITY OF DENTON, TEXAS (940)349-7100 N TOM D. SHAW, C.P.M. PURCHASING AGENT f 1 This advertisement to runt OCIORE_R It do OCTOBER 29,19" RFSP 2429.ADVERTiSEMENT t M U N I TON C I P A L E L E C T A[ C 901-A Tel" Street Eneryi. mr tomwro 'Y rommu iry lodfry! Denton, Tern 76201 Request for Proposal to Provide Construction Management Services October 19, 1999 E Denton Municipal Electric is accepting proposals to provide construction management services for 69KV transmission line construction (138KV insulation and spacing). The construction will consist of three projects as described below. The project locations area are shown on the attached map. The construction firm for these projects will be Great Southwestern Construction, Inc. Construction is expected to begin in November 99 and be completed before June 1, 2000. The projects are: Spencer to Locust Transmission Line Rebuild: The Spencer to Locust project is to rebuild the 69KV transmission line between the Spencer Plant and the Locust Substation with larger conductor. The length of the line is 10,500 feet and will consist of 54 weathering, tubuLr'steel structures, 23 of which, will require concrete piers that have depths ranging from 16 to 34 feet. Approximately 1,200 feet of transmission line along Johnson and Collins streets will be removed and not rebuilt. The transmission line will have two large conductor (795 kcmil) distribution circuits installed below the transmission conductors. Crossing of U. S. 77 at Riney Road: US 77 is being widened to four-lane in the northern part of Denton. Two 69KV transmission poles { near the intersection of US 77 and Riney Road must be relocated as a result of the road construction. These poles are part of the 69KV transmission line between North Denton Interchange and North Lakes Substation. A total of four wood poles will be replaced with three steel poles. One of the four will be a free standing corner pole two spans to the east of the road. The foundation for the comer pole will be 35 feet deep. There are two distribution circuits underbuilt on this line. North Lakes Substation Pole Replacement: 1 This project is to replace all the existing transmission structures within the North Lakes Substation with steel seIGsupporting structures. All existing structures are wood. Eight new steel poles will be installed. Construction management duties shall include, but not be I mited to, the following: 0 Insuring compliance with the engineering documents prepared for these three projects. ♦ Insuring quality workmanship of contra:tor. ♦ Insuring safe work practices are followed by the contractor. A, , 4 Assist with coordination between local agencies and the contractor (surveyor, Denton Municipal Electric Operations, tree trimmers, etc.) ♦ Record keeping on construction activities, • Review of concrete tests. 0 i I1 1 I` I Denton Municipal Electric - ReQaest ror Proposal October 19, 1999 t Denton Municipal Electric will provide an office for the construction manager with the Denton Municipal Engineering group. The proposal shall state full details on how it is proposed to approach the construction management j duties. As with most construction projects, it is txpected that daily monitoring will generally be necessary throughout the project. Denton Municipal Electric does not believe that full time will be required for managing all phrses of the construction, and it is not required that a full time person be provided, If it is expected that the construction manger will have to be located in Denton, such that charges will have to be for, or near, full time during the course of the construction contract, it will be mandatory that the construction manager be available to assist Electric Engineering with other engineering related needs when time is not required for monitoring. These duties could consist of items such as staking, surveying, review or development of standards or standards documentation, field surveys in preparation for future transmission projects, assistance with design of projects, or other needs. Denton Municipal Electric is interested in creative methods for containing costs. These methods might be items such as shared responsibilities or allowing available idle time to be used for other work for the construction manager's firm. Denton Municipal Electric reserves the right to reject any or all proposals. Evaluation of proposals will be based generally on the items listed below with the weightings as shown. Denton Municipal Electric reserves the right to consider additional criteria in making the selection of the service provider. Award, if any, will be based only on Denton Municipal Electric's evaluation of the proposals. A final price and work approach will be negotiated with the .pmt selected. At least the following items must be included in the proposal: Item Description Weighting Points Proposed approrci~ to construction management duties 30 Proposal for use of time net used for construction management 30 Estimate of percentage of time required for construction management is Description of similar projects done by the firm is References from recent work in construction management 10 Resumes of individuals who would assigned to the work site t0 Prospectus or descnption of the company 10 I Number of years the firm has provided construction management 5 Location of the company 5 PLEASE RETURN 4 COPIES OP PROPOSAL To THE PURCHASING DSPAAIl1ffiPl' AT 9018 TUAS STREET, D911TON, TX 76201. Address questions to Chuck Sears (940-349.7111) or Don McLaughlin (940.349.7119). c; . u ~r I Rr,Nw r.w„r. E uno..4 Mrr~oLe ri C W*l lubrriw Nick", kbdmww I.ral subdedb■ lrwW.Nww lam! umcn •uLL7Rt O Dm*m We*!uL psa w subdedn iMkr TmPA.W mer w.wr ~reU 1 r~ctt.n,yy~nrrlu x en CITY OF DENTON M ' ■ SUBSTATIONS do TRANSMISSION k t # ff" \ L` PUB - October 4,1999 Exhibit 3 F f~ 7 i i1 u r; 1 r E: I Exhibit B SGS Witter Proposal for City of Denton RFSP #2429 t i 4 U . i PROPOSAL TO CITY OF DENTON RSFP #2429 i i I For CONSTRUCTION MANAGEMENT SERVICES By SGS WITTER, INC CONSULTING ENGINEERS LUBBOCK,TEXAS November 4, 1999 ~i, t' i f City of Denton Construction Manager Proposal 1• Proposed approach to Construction Management Duties In order to fulfill the construction management duties, the construction manager will have to be on the job site fora majority of the time the projects are under construction. Due to this fact, our approach will be to supply a frill time employee, Mr. Kurt Staller E.1.T,, who will need to be located in Denton during the course of the construction. It is estimated that approximately seventy percent (701/*) of the time Kurt is in Denton, he will be on thejob site. The remaining thirty percent (300/9) of the time, Kurt will make himself available to first answer questions and gather informetion that will result in a reasonable quality of construction and timely completion of the projects. Secondly, Kurt will be available to assist Denton Municipal Electric with other engineering needs. II. Proposal for use of time not used for construction management , The time Kurt spends assisting Denton Municipal Electric can be spent in a number of areas concerning transmission and/or distribution line design. As an Engineer-In. Training for SGS Witter, Inc., Kurt has experience in all Distribution power tine design. These phases include surveying, structure design, foundation design, constru-ti m t.tanagemer:t, material tabulations, project specifications and contract documentation. t rr i t 0 City of Denton Proposal Page 2 I ' H. Proposal for use of time not used for construction management fcoerusue4 SURVEYING: Under the Supervision of the staking engineer, Kurt used a theodolite, EDM, level, and/or total station to stake right-of-way, centerline, tangent and angle structures of all or part of a transmission and/or distribution line. This requited locating terrain changes, roads, pipelines, existing overhead lines, structures, turning angles and shooting levels and elevations. DESIGN DATA: Kurt developed design datas for many projects, utilizing survey and site data. The design data included researching meteorological data, calculating conductor loadings, calculating required clearances for conductors, performing galloping and damper calculations, determining the required insulation, designing basic structures by calculating structure strength due to vertical and horizontal spans, calculating buckling, calculating guying and calculating overturning mr,:nents. PLAN AND PROFILE DRAWINGS AND STAKING SHEETS: Utilizing survey and design information, Kurt designed, developed and/or checked Plan and Profile drawings and Staking Sheets. Kurt plotted the structures on these sheets based on optimum heights and span lengths. Kurt designed and/or checked the sheet's layouts, material lists, clearances, right-of-way limits, and property owner boundaries. V I • F) a L City of Denton Proposal Page 3 IL Proposal for use of time not used for construction management fronrirrued) STRUCTURE DESIGN: Using the National Electric Safety Code loading zones and overload capacity factors along with sag and tension calculations, Kurt developed loading trees for tangent and angle structures. Kurt designed concrete and/or steel structures based on required loads, the project location, environmental data and the loading trees. Kurt calculated the resolved longitudinal, vertical and transverse loads for five load cases for each structure. Kurt designed the structure drawings and load orientation drawings and, combined with the structure loading tree calculations, Kurt created a bid package for each project. Kurt sent this package, including Notice to Bidder and Bid Tabulation information, to various steel and concrete manufacturers for bid purposes. Kurt evaluated bids, checked design calculations and reviewed approval drawings for each project and provided recommendations to the client. FOUNDATION DESIGN: Using geotechnicai investigation reports, loads placed on the structure and various cassion pier formulas, Kurt designed anchor bolt cages and foundations for steel poles. Kurt calculated the appropriate anchor bolt cage for the manufacturers to construct by using the pier depths and diameters required to withstand the moments on the structure. Kurt calculated required quantities of concrete for contracts and made recommendations on pier and cluster design modifications. CONSTRUCTION CONTRACTS (Including Specifications and Hid Openings): Kurt wrote, revised and/or checked the contract documents for several projects. Kurt wrote notice and instructions to bidders, specifications, special specifications and rF foundation specifications. Kurt assembled and checked unit drawings, crossing permits and material lists. Kurt conducted bid openings, analyzed bid numbers and completed closeout documents. i 1 t~ t, 1 City of Denton Proposal Pal ; 4 Ii. Proposal for use of time not used for construction management (contblurd SITE OBSERVATION/REVIEW: Kurt reviewed the work of the contractor during construction of several projects. Kurt observed all phases of construction for proper comprehension and interpretation of specifications, Plan and Profile Sheets and other construction documents. Kurt informed the owner and/or contractor of violations of the applicable Plans and Specifications. Kurt checked material for defects during shipping and for proper quantities. Kurt answered questions from both the contractor and property owners and made on-site decisions necessary for the continuation of the project Ill. Preliminary estimate of percentage of time required for construction management The transmission projects can be broken down into nine points of construction. The nine points are listed below along with the Approximate percentage of time required for on site construction management as a particular activity is taking place. 1. Steel pole and anchor bolt inspection: 906 2. Pier Drilling: 404/. 3. Anchor bolt placement and orientation: 100% 4. Concrete inspection: 100% J 5. Material inspection: 501/6 " 6. Setting poles: 90% j f 1 City of Denton Proposal Page 5 I III. Preliminary estimate of percentage of time requimd for construction I management (Continued) 7. String and sag conductor. 1006/o 8. Miscellaneous construction and questions: 50% 9. Closeout project: 90% During the course of the projects, the total amount of time spent on each point of construction will vary. For instance, for the Spencer to Locust Transmission Line Rebuild, more total on site time will be required on pier drilling and concrete inspection than on the Crossing of U.S. 77 at Riney Road project. For each project, the percentage of on site construction management will still need to be 400/, for pier drilling and 1001Y* for concrete inspection. During the months of construction, approximately seventy percent (706/@) of the total time Kurt will need to be on the job site to perform the constmWon management duties. *As tt C~ 4 City of Denton Proposal Page 6 IV. Description of similar projects done by the firm i Below is a list of projects that SGS Witter, Inc. (SGSW) has done and a description of the work involved. Lubbock Power and Light: Guava 230kV Transmission Line Date of Project: January 1999 - Present Description: SGSW routed the transmission line for Lubbock Power & Light (LP&L) beginning in early 1999. After the route was chosen, SGSW designed the line. After the design was complcud, SGSW designed the steel poles and their foundations. Next, SGSW put together the contract specifications for the transmission line. After a contractor was chosen, SGSW staked the structure locations and the piers. Currently SGSW is providing construction management for the construction of the project. Mr. Kurt Staller is on the job site and Great Southwestern Construction, Inc. is the contractor. Lea County Electric Cooperative, foc.: Tesaco CO, I1SkV Transmission Line Date of Project: August 1997 March lW8 4 I t F City of Denton Proposal Page 7 IV. Description of similar projects done by the firm (continued) Description: SGSW routed the transmission line for Lea County Electric Cooperative (LCEC) beginning in late 1997. After the route was agreed upon, SGSW designed the line and the steel poles to be used. SGSW then compiled the contract and specifications for the project and opened bids. After a contractor was chosen, SGSW staked the transmission line and the steel pole foundations. SGSW also provided construction management for the project and closed out the project when completed by the contractor. Midwest Electric Cooperative, Inc.: SNTX 69kV transmission Line Date of Project: February 1997 - August 1997 Description: SGSW routed the transmission he for Midwest Electric Cooperative (MWEC) beginning in early 1997. Following the routing of the line, SGSW designed the line and the concrete poles that were used. SGSW put the contract and specifications together for the project and opened bids. After a contractor was selected. SGSW staked the line. After completion of construction, SGSW did the close out. i t. City of Denton Proposal Page 8 IV, Description of similar projects done by the firm (continued) South Plains Electric Cooperative, Me.: Quaker 69kV Transmission Line Date of Project: August 1996 - February 1991 Description: SGSW routed the transmission line for South Plains Electric Cooperative (SPEC) in the surnmerof 1996. After the route was agreed upon, SGSW completed the line design and the design for the steel and concrete poles. SGSW completed the contract and the specifications for the line, SGSW opened bids for the project. After the bids were opened, SGSW staked the structures and the foundations. When the project started, SGSW provided construction management. When the constn:etion was finished, SGSW closed out the project. In the past year, SGSW has also developed transmission and distribution standards, d swings and material lists for Lubbock Power & Light (LP&L). SGSW developed these standards with LP&L employees. The drawings were originally done in AutoCADO, then were translated into Micro5tation and the material items used were LP&L standard units V i [r I ~I City of Denton Proposal Page 9 r i 1 V. References from recent work is construction management Feferences have been enclosed with this proposal. VI. Resumes of individuals who would be assigned to the work site Mr. Kurt Staller's resume has been enclosed with this proposal. VI 1. Prospectus or description of the company A Company brochure has been enclosed with this proposal. R Vill. Number of years the firra has provided construction management SOS Witter, Inc, has provided construction management for many projects for 17 years. IX. Location of the company As the enclosed company brochure states, SOS Witter, Inc, has two offices. One is located in Aibuquerque, NM and Use other is located in Lubbock, TX. Mr. Kurt Steller is I 1%' \ n employed in the Lubbock office t i • ~r i 4 LIST OF CLIENTS SGS WmvA t Lubbock LUBBt K POWER 4k LIGHT P.O. Box 2000 ARIZONA 22 Lubbock , Texas 79457 MOHAVE ELECTRIC CO-OP Mr. Gary Zheng P.O. Box 1043 (806) 775.2552 Bullhead City, Arizona 86430 Robert Brot Manager SOUTHWESTERN PUBLIC SERVICE CO (602) 7634115 FAX 763.6094 P.O. Box 1261 Amarillo, Texas 79170 Mr. JeTTStebIns NEW MEXICO4 (806)378.2458 CENTRAL VALLEY ELECTRIC CO-OP P.O. Box 230 6 Artesia, New Mexico 98211-0230 LIGHTHOUSE GHELECTRIC CO-0p Howard Price, Manager P.O. Box 600 (505) 746.3571 FAX 746 4219 Floydada, Texas 79235-0600 Mr. Bill Harbin. Manager NEW MEXICO B (806)993.2814 FAX 983.2804 ROOSEVELT COUNTY ELECTRIC CO-OP P.0. Box 399 TEXAS 56 Portales. New Mexico 88130 SOUTH PLAINS ELECTRIC C04P Mn Jerry Partin, Manager P.O. Drawer 1830 1505) 3564491 FAX 359.1651 Lubbock, Texas 79408 NEW MEXICO 9 Mr. J.C. Roberts, Manager (806) 741.4200 FAX 7414286 FARMERS' ELECTRIC CO-OP P.O Box 550 TEXAS S9 Clovis, New Mexico 88101 LAMB COUNTY ELECTRIC CO-0P Jim Herron. Manager 2415 South Phelps Avenue (503) 762.4466 FAX 769-2111 Littlefield, Texas 79339 Mr, Delbert Smith, Managet NEH'MEXICO 20 (800) 363.9000 FAX (806)385.5197 SOCORRO ELECTRIC C04P TEXAS 60 P.O. Box LYNTEGAR ELECTRIC CO-OP Socorro, New Mexico 87801 P.O. Box 970 Ma Lupe Vega, Manager Tahoka, Texas 79373-0970 (505) 833.0560 FAX 6354x'49 Mr. Wihon J. Payne, Manager NEW MEXICO 2,1 (906)996.4388 FAX 998.4724 ~ / LEA COUNTY ELECTRIC CO-OP P.O. Drawer 1447 BAI~LEY§COUNTY ELECTRICCO.OP f A, . r Lovington, NM 88260 P.O. Drawer 1013 / Mr. Mile Drgipring, Manager Muleshoe, Texas 79347.1013 (505) 396-3631 • FAX 396.3634 Mr, Duane Lloyd, Manager (806)2724504 FAX 2724309 I r 0 FT XAS 711 I•A-C ELECTRIC CO-CP P,O, Box 278 Bluegrove, Texas 76352 Mn. Sarah Sears, Manager (817)895.3311 FAX 897-3321 TEXASS GREENBELT ELECTRIC CO-OP P.O. Box 948 Wellington, Texas 79095 Mr. Stan McC(endeon, Manager (800) 3274082 FAX (806) 447.2434 TEXAS 94 GUADALUPE VALLEY ELECTRIC CO-OP P.O. Box III Gonzales, Texas 78629-0111 Mr. Marcus Pddgeon, Manager Mr. Steve Slaughter, Gonzales Div. Mngr. (210) 672.2871 FAX 672.9841 TEXAS 306 TAYLOR ELECTRIC CO-OP P.O. Box 2$0 Merkel, Texas 79536 Mr. Don Ilart, Manager (800)992-0086 FAX (915}928.5216 TEXAS 10 T I CAP ROCK ELECTRIC Mr. David Pruitt, Manager 300 West Wall - Suite 400 Midland, Texas 7001.1601 NOTE different ad,Wss for David Pruitt STANTON DIVISION P,0, Box 700 Stanton., TX 79782-0760 Mr. Mark Sullivan, P.E., Engineering Manager (800) 442-8688 FAX (915) 756-3381 TEXAS 111 SAN BERNARD ELECTRIC CO-OP P.O. Box I51 Beitville, Texas 77411.0158 Mr. John Q. Adams, Manager (800) 364.3111 FAX (409)163.9706 r~ TEXAS 114 r CONCI40 VALLEY ELECTRIC CO-OP (f~' Mr. Alton Rollaas, Manager P.O. Box 30130 San An`elo, Texas 76903 (915) 6536957 FAX 655.6930 t ~ Y KURT STALLER ENGINEER IN TRAINING WORK EXPERIENCE: ENGINE ERIN-TRAINING SOS WITTER, INC., LUBBOCK, TX (806)-795.6827 DECEMBER 4, 199S • PRESENT SUPERVISOR NEW MEXICO STATE UNIVERSITY NATATORIUM, LAS CRUCES, NM (505}646.3518 FALL 1991-SUMMER 1995 EDUCATION: FORMA i BS - AGRICULTURAL ENGINEERING - New Mexico State University August It, 1995 iNE48M&L' SOKKIA'S OPTIMAL TRAINING SCHOOL - Overland Park, KS January 1997 UNIVERSITY OF WISCONSIN-MILWAUKEE; DESIGN OF TRANSMISSION LINE STRUCTURES AND FOUNDATIONS - Milwaukee, WI September 1998 HELP jLECTIVFS: MECHANICS OF MATERIALS, ENVIRONMENTAL ENGINEERING, PUNIP AND WELL DESIGN, AGRICULTURAL. WASTE MANAGEMENT REGISTERED ENGINEER-tN-TRAINING: TEXAS, NEW MEXICO j CAPABIL ITI ESBXPERIENCE: SURV E )'INC. Used theodolite, EDM, level andror total station to stake right-of-way and locate structures, DESIGN DATA: Reswchtd meteorological data, calculated conductor loadings and clearances, preformed galloping and damper calculations, determined required Insulation, calculated structure strength due to vertical and horizontal spans, calculated buckling and momenu and calculated guying. r A PLAN AND PROFILE DRAWINGS AND STAKING SHEETS: Ploned structures designed md'or checked sheets layout, materials, clearances, right-of-way limits and property owner boundaries. f, I KURT ST kLLER Page 2 STRUCTURE DESIGN: Designed steel and concrete structures based on required loads, project location, environmental data and developed loading trees. FOUNDATION DESIGN: Used geotechnical reports, loads placed on the structure and various cassioa pier formulas to design anchor bolt cages and embedment depths. CONSTRUCTION CONTRACTS: Wrote notice and instruction to bidders, specifications special specifications, foundation specifications, assembled contracts, assembled drawings and material lists, opened bids amlysed bid numbers and completed closeout documents. SITE INSPECTION: Observed dl phases of construction to insure proper comprehensicn and Interpretation of specifications, plan and profile sheets and other contract documents. COMPUTER PROGRAMS: Word, Excel, Word Perfect, Quatro Pro, ACRD, MicroStation CUMPUTER PROGRAMMO: C. C+, Fortran 11, Quick basic NONORS/ORGANIZATION: 1 Received paving score on Fundamentals of Engineering Exam, 1994 Received an award for presenting lagoon design, 1995 •ASAE state of New Mexico meeting, student papa presentation American Society of Agricultural Engineers, 1990•Present •ASAE Representative io the Engineers Council, 1994 Eagle Scout award 1988 National Eagle Scout Association, I9lg•Present f New Mexico State University Club Water Polo Team 199W"I Camp r Crusade for Christ 1990.1993 ~ I ~As r f i r . SGS WITTER.INC. CONSULTING ENGINEERS & PLANNERS rY , r "A W,- r r\M' T~ ti ':\GP~ .l.t~ ~ I ELECTRIC' UTILITY PROFESSIONAL SERVICES Transmission and Distribution Line Design Substation and Switching Station Design Regulaton\ and Financial Studies , SYstem Planning Studies Surveying and Mapping Forensic Engineering Field Support I, j GS WITTER, INC. CONSULTING ENGINEERS & PLANNERS SGS Witter. Inc. provides consulting sen ices for the electric utility industry, with offices in Albuquerque, New Mexico and Lubbock. Texas, SGS Witter. Inc. presently works with approximately fifty Rural Electric Cooperatives, as well as other utility authorities. municipalities, government, investor-owned utilities. and utility equipment manufacturers. SGS Witter. Inc, has a professional engineering staff currently licensed to practice inAritona. California. Colorado. New',Aexico. Nevada. Oklahoma. Texas and Utah. Registration in other states can be obtained swhen required. In January 1995. Robert Witter & Associates. Inc, and SGS Associates. Inc, merged into SGS Witter. Inc. During the 1990's. the individual firms grew and both diwersified i tto special engineering areas. such as S6DA. digital (CAD) mapping, and other computer related apnt:;attons. The 1980's saw both companies grow from small limited service firms to larger. multi-nen ice companies. The 1995 merger has resulted in a strong regional consulting firm. The primary goal of SGS Witter. Inc, is to provide quality, cost efficient, and technologically advanced engineering services to the electric utility industry. The staff of SGSW1tter. Inc, is trained and positioned to help utilities and their personnel stay current with the electric industry and its emerging and evolving technologies. Our Mission i SGS 11'itter. Inc, has extensive experience in providing engineering services and support to the electric h unlit} industry, Our range of scrvices encompasses most facets of electric utility construction and operation. (vnr corporate mission is simply this: Provide quality engineering services to our clients at a fee commensurate Kith the value. OurIonge%ity.continued groHth.and expandin client base all reflect our dedication "'e Treat each client like they are our most important client. We respond to each client's needs rapidly. You can ahsays talk to one of the principals. Our clients are our best reference and vve are always happ> to provide client references or answer any questions about our firm. J.ll linverill~ [111tj DC',Sl.fv1 Ihlr rm:utccring sla!(has suhstantial cspcricnce and c~pertisc in the urt!ny' industrc, designing both nets facililics ;ls tceil as Adirnnns and upgrades to gosling facilities. Our etrcrtise allaus u+talls nuc_•rawd dvc icon u} Imnsimmion, di~tnhution. slsitching ,rations and'.uhtilouons. fransuussnrn and Iivrihution line desi;m sersiccs include: rout n and Siting, surreging• staking, e;rsoment : nd rcrr7n, documcntatwn, and emuorimcnral doc,wtcj tauon. These functions are rr+utinclp handled h} Our licensed sunc~nr and slalf technicians. Our staff uses modem total ,UIoIts. Iheodilnes. ek'cmMIL distance measuring deuces, as sell as electronic data garhenng ae~ ors tor rune) ing, Both our olfia' and lield pcrsunnel ~Wrk clusel~ ~sith the client to pfos ide r dc,rgo consister a ith the requirements of the client and appropriate gurcming bodies. Desiens and snaps are tgpically produced using AuIoCADi-~), We has'e skilled draftspersons for (hose ten projects that require hand drifting. .1 la~ , ,J IATI ME, 1I_ cif Fncineering design for substations and switching stations can include the common design f elements discussed for line design such as siting, staking, and surveying, Electrical drawings ror stations include site work, plan and elevation views with details, foundation layout with JOAN. conduit routing and cable schedules. grounding la} outs, building floor plan, ac and de panels, and battery room, Control drawings include station* one line, detailed three line. ac, dc, relay, metering, and control schemes. point-to-point connection diagrams, device connection Jiagroms, panel layouts, and usher drauinP as required for the specific project. Relay. meter, answritrol panels are custom designed to meet the client's desires. needs, and requirements. Designs for additions and upgrades to existing energised substations are often provided. t~►.y • I r 'w Drawings are produced using AutoCAD®. The design package includes drawings, station material lists that are supported with specifications and contract documents. Construction .en ices include on-site construction review, functional testing of protection and control schemes, , relay testing, and station commissioning, Related services Include design and implementation A 5C'ADA s% stems, emergcncy response troubleshooting. and contract closeout documents. I L. i PLANNj~ e; Standard planning services include Long Range Plans. Construction Work Plans, Power Requirements Studies. and Sectionalizing Studies We can prepare Work Plan Amendments on short notice. Specialized studies include those such as Feasibility and Rcliability Studies, SCADA Feasibility. Line Loss Analysis, Power Flow Studies, Fault Studies. Capacitor Requirements, and Regulator Requirements. In the preparation of the studies we can use yon" calculations, our calculations, or a combination of the two. Our goal is to provide you with t ible and useable studies. We want to prepare studies that are useful. "living" documents, not books languishing on shelves gathering dust. DAY TO DAy_ S}stem problems cannot be anticipated and when problems occur, you need help right away. We enjoy helping our clients with their day-to-day equipment applications and other problem solving needs. Our clients are encouraged to call our offices any time. We always haye engineers and technicians available if you need assistance, help, or a second opinion. MAPPING SGS Witter. Inc. offers computerized system mapping services utilizing AutoCAD® software. System maps can be generated in either standard RUS format or other format which the client may prefer. We can generate base maps in-house, but usually use base maps purchased from other sources. We then add layers and features needed by the individual client. We have large format digitizers and plotters to aid in entering and outputting the drawh;gs. REGULATORY AND FINAN IA Regulutory, and financial services offered by SGS Witter. Inc. include cost•of•serviceIrate studies. financial forecasts, rules one. regulations. line extension policies, and various other management- related services. We have tie expertise and qualifications to prepare studies and present testimony before appropriate administrative or Judicial forums, i rr i r S Computer Utilizatiulr and Capabilities SGS Witer. Inc, takes maximum advantage of desktop computers to et hance personnel performance in almost every aspect of our business. Come b%' our offices in Albuquerque and Lubbock and you will see a computer on every desk. We can often use data in digital form directly from our clients. This naturally helps lower the overall cost of our services, i Our computers run with both DOS and 1V1ND013'S. We have various word processing, spreadsheet. iE system voltage drop and load flow, conductor sag and tension. and database software which we use on a Bail} basis. We utilize AuioCADC& for our mapping, design and other graphical applications. Each office has multiple plotters available to generate the system maps and design drawings. We have also developed on extensive in-house library or solhvare; Rate Design (cost of service. cost allocation), Sectionalizing/Coordination. Economic ConducrorAnalysis. Load Forecast in¢IProjeciions. and other related programs. Services SGS Whiet. Inc. provides a wide range of technical sea ices for transmission and distribution projects. We offer complete transmission and distnbution engineering sea ices. including line design. field services and construction observation/review. We also provide complete engineering services for substation. SCADA. relaying/protection. rate, . educational seminars, and forensic projects, some of our specific services include: feasibility. planning. design. plans and specifications. construction observation. testing. equipment applications. and troubleshooting. TRANSMISSION: Feasibility. Routing. Design. Staking, Plans and Slxeitiratioe: Construction Observation. Closeout 5t'IiST.11'ION: Feasibility. Siring. Des ien. Plans and Specifications. Relaying & Control. Construction Obsernution. Testing. Troubleshot)ting. Closeout PLANNING: Construction Work Plans and Amendments. Long Range Plans. Sectionalizing Studies. SCADA Studies. Power Requirement Studies, Utility klapping/CADD Services. Capacitor Placement. Losses. Reliability DISTRIBUTION: Feasibility Studies. Line Design. EquipmentApplications and Device Coordination Studies. C, -isttuction Contracts REGULATORY/NIANAGEJIENT SERVICES: Cost of Servcce and Rate Studies. Valuation and Appraisal Studies. Financial Forecasts. Contract Evaluation, Training and Management Seminars FIELD SERVICES: Line Routing. Surveying and Staking, Permits and Easemenr. Acquisition. Work Order Resicu. System Inventories r' FORENSIC SERVICES: Flecirical AWc cnt Imestigations and Reconstruction. Expert Witness for Administratite and/or Judicial Forums i i i I~ i i i ,Stra f f rho professional statTof SGS Wincr. Ine, includes a full compliment of licensed Professional Engineers and a Registered Professional Land Surse%or. Our large support staff includes senior Engineering Technologists. Engineering Technicians. Planners, Rate Analysts. CADD personnel and Computer Programmers, ~snh many years of experience in the consulting tield. Additional information about senior and hey staff persc~nnc' ,conipanl this hnxhurc, -was .r ~ rr.wr N ' 4 i i i .,SrirS WITTER, INC. , CO,N5L'LT1NG LNGINEEAS d PLANNERS u301 Indian Shill Rd St. Suite it 1 4416 Nth Street, Suite 71 o 11 A~ r P.O. Bot . 969 Albuquerque, kfesico 87112 Lubbock. Texas 794$3 303.292.3A33 Office - 303.293.2230 Fat 606.795-6827 Off" 6 906.795.7326 Fat Comm us on the N'LT ut: IMP ISM AOL.CO%bSGSw'I1TFR/HOtifE.HTNIL t r _ r Apnnda No. J~ AGENDA INFORMATION SHEET Agenda Item. AGENDA DATES December 7, 1999 0aie-- Questions concerning this DEPARTMENT: Materials Management acquisition may be directed to Alex Pettit 349.8595 ACM: Kathy DuBose, Fiscal and Municipal Services UJUECL An Ordinance awarding a contract for the purchase of materials, supplies or servicev as awarded by the State of Texas General Services Commission thro+igh a Qualified Information Services Vendor (QISV) catalogue; providing for the expenditure of funds therefor; and providing an effective date (Purchase Order 00987 to NTCS, INC. in the amount of 549,350). 13ACKCROUN . Currently the City of Denton Is operating a decentralized backup for our Novell Network, servers, workstations and general data storage involving manual intervention (someone changing tapes in the middle of the night). The new proposed system is a centralized backup system with increased capacity and remote monitoring capabilities. BECMN',NDA PION; We recommend Purchase Order 00987 be approved to NTCS, Inc, in the amow:t $49,350. ESTIMATED SWEDULF OF PRO ECTr Equipment delivery Is quoted to be 10 workdays. FISCAL, INFO NIATIONi Purchasing Order 00987 will be funded from Long Range Technology Plan accoant (771-044• COMP•9847.9107). This purchase order is for the acquisition of a 14P 4.40 Enterprise Backup Solution. 11 consists of a rack mounted tape library with two DLT8000 irives and a two year next day service contract, Also included are 40 tapes and other peripherals. The prices are taken from the QISV catalogues are approved by the State of Texas General ~ Services Commission as complying with State of Texas procurement requirements. Jr l AI U AAAA Agenda Information Sheet December 7, 1999 Page 2 Respectfully submitted: Tom Maw, C.P.M., 349.7160 Purchasing Agent Attachment i : Purchase Order 00997 to NTCS, Inc. Attachment 2, Proposal from NTCS, Inc. Attachment 3: QiSV Certification 1307 AGENDA I r I Ij I i 0 t PURCHASE ORDER N0 00987 CONFtAMINO ORDER Thle nwnbw must spDer on an l1F MAANEDI LJ inv oices, detlvwY Otis.cel d bills DO NOt DUPLICATE 1 ctns.. boxes. Packing alPe 94 N* ip Detr. 11 17 99 Page No, 01 qeq No: CITY OF DENTQN TEXAS PURCHASING DiVISION 1 901-8 TEXAS STREET 1 DENTON. TEXAS 76204-4354 9401349-7100 O1FW METRO 8171267-0042 FAX 9401349-7302 VENDOR NTCS, INC. Mail the City of Denton's WebdGS M WWW.9i1yofdent0n.C9m NAME/ NTCS (DENTON) DELIVERY CONFIRMATION ONLY C11 ADDRESS 3801 I-35 NORTH SUITE 126 ADtk1ESS TECHNOLOGY SERVICES DENTON TX 76207 601 E HICKORY DENTON, TX 76205 TROY TUONEY VENDOR NO. NTC49100 DELIVERY OUOTED 12 15 99 FOB DESTINATION BUYER TS TERMS E 001 1.000 EA VENDOR CAT. t M / A MPG NAME 29,425.000 29,425.0I CITY t 9100 SURE-STORE DLT TAPE LIBRARY 4/40 - RACK MOUNTED LIBRARY, , INCLUDES 2 DLTS000 DRIVES (UPGRADEABLE TO 0 AND 40 SLOTS FOR TAPES, 2 YEAR NEXT DAY ON-SITE WARRANTY. TO PROVIDE CENTRALIZED BACKUP SOLUTION TO ENTIRE NOVELL ENTERPRISE. 002 40.000 EA VENDOR CAT. II N / A KFG NAME 88.000 3,520.O( CITY tt 9100 DLT TAPE IV DATA CARTRIDOE - 4017018008 CAPACITY 003 1.000 EA VENDOR CAT. 1 N / A KFG NAME 75.000 75.O( CITY 4 9100 EXTERNAL SCSI CABLE t P 0E TOTAL s 33,020.011 r; vFIYCO1i N45tA11C~ti1Nlk L Torme • Net 14 We" so"44 „wxI.C1 ! wow iii baA Arlibe4 g4ht, 4. SAiFIM Instructions: F.0 L Costlnetien Freeel/ tw...e.Mw to^001 1 IN a Accejitl FslteNe S. No Redor r stele was to* sun N Inc l C in Prlcel Illlsd. ill 1. MCA >It E'4 PURCHASE. ORDER NO: 00987 THIS 15 A XXX This number must appear on all CONFIRMING ORDER invoices, delivery pips, cases, (IF MARRED) cVs, boxes, pacllnp slipf and bills. DO NOT DUPLICATE Ftea. No, Bid No Carter, 11 17 99 Pape No. 02 TEXA PURCHASING DIVICIaTY901 01 a DENS AONT 1 DEENTTONNSEXAS 78201-4354 9401349-7100 O/FW METRO 817/167-0042 FAX 9401349-7302 1ENDOR WTCS, INC. Visit the City of Omton's Webelte at www.chloldemtomcom gAME/ KTCS (DENTON) DELIVERY CONFIRMATION ONLY C11 aDORESS 3801 1-35 NORTH SUITS 126 ADDRESS TECHNOLOGY SERVICES DENTON TX 16207 601 E HICKORY DENTOKr TX 76205 TROY TUOKEI VENDOR NO. XTC49100 DELIVERY GUOTED 12 15 99 FOB DBSTINATIOY BUYER T8 TERMS 004 1.000 EA VENDOR CAT. # N / A XFG NAME 765.000 765.00 CITY # 9100 ARCSERVEIT ENTERPRISE LIBRARY OPTIOKV 6.61 FOR NETWARE 005 1.000 EA VENDOR CAT. # N / A MFG NAME 588.000 588.00 CITY # 9100 ARCSERVIT BACKUP AGENT V6.6 FOR KOVELL GROUPMISE 'IN 006 1.000 EA VENDOR CAT. # N / A MFG WAKE 3250000 325.00 CITY # 9100 UPGRADE ARCSERVE V6.1 NSTARE ENTERPRISE EDITION TO ARCBERVEIT V6.6 ENTERPRISE EDITION 007 11.000 EA VENDOR CAT. # K / A KFO NAME 507.000 6,457.00 CITY # 9100 ARCSERVEIT NETIIARE BACKUP AGENT FOR OPEN FILES V6.6 P OB TOTAL f 80135.00 ~s J- t VENOOA INSTINi0T10NS 1 forms - Net 30 &M1....nrlw.,.0wa.u 1 tent Irltldsl Mvskl Ni1A hotldeb till A. Sh' W4 Instwclims: 11.011, oettioetimm KeWt a,.r, so"" N..s.u 1 111 to - Aecersts F 1 t. Ne ledwel sr !taro Oaks tax "I be Intiirded IL -I k picas Ii1kL t son _ apron. Tom,. ::.:,3 X : h `l t I i. PURCHASE ORDER NO: 00987 THIS 15 A xxx This number must appear on oN CWIRMI140 ORDER In,olces, delivery slops. Cosa, (IF MARKEDI ctns, boxes, packing slips and bills. DO NOT DUPLICATE Req Na Bid No Oster 11 17 99 Page Na 03 PURCHASOA OtViS itON 1 9001 B TEXAS STREET TDEEN`OR TEXAS 76201-4354 9401349-7100 OIFW METRO 6171267-0042 FAX 9401349-7302 lENDOR NTCS, INC. Vslt the City of Omton's WebsUe at www.ckyotdmloncom LAME! NTCB (DENTON) DELIVERY CONFIRMATION ONLY C11 10DRESS 3801 I-35 NORTH SUITE 126 ADDRESS TECHNOLOOY SERVICES DENTON Tx 16207 601 B HICKORY DENTON# Tx 76205 TROY TUONST VENDOR NO, NTC49100 OELIVERV OUOIED 12 15 99 FOB DESTINATION BUYER TO TERMS 008 15.000 EA VENDOR CAT, t N / A Kra NANO 293,000 4x395.00 CITY # 9100 ARCSERVBIT KETWARE CLIENT PUSH AOBNT V6.6 009 3600.000 =j VENDOR CAT. 6LABOR Kra MAKE 1.000 31600,00 CITY 0 9100 BACKUP SISTER DBBION AND INSTALLATION 010 200.000 45 VENDOR CAT. 1 K / A Kra NAME 14000 200.00 CITY 4 9100 PRE-SALVO RVSBARCH AND RECOMMENDATIONS NTCB QUOTE 11069 FOR HP 4/40 ENTERPRISE BACKUP SOLUTION FOR NETWARE BERVERS. P OB TOTAL 1 81195.00 OR KD TOTAL I 49,350,00 01 771 044 CORP 9841 9107 49x350.00 V VENDCI INSiAtICT~ONS . 1 ?Irmo - foot 10 a mN oe..i.x ,x,.mAl 7 tend 1t4ind MWlts woo Aybeall /espy. 4. Ship~Ino Ieflrue0ans Fb,k Delloolan preWd s►u.. 000.111 400AW 1 6.N to - Accexntf P#V&k 1. Ns leforol r Iwo Wei Al 1011 If Mclkur/Med 111 E. " 1L In prlcef 1r ed urc 0 Division amen r>t riI 41N t~ L, ~TTACIQlENT 2 Denton Office Fort Worth Office 1 36011.35 North, Suite 126 030 W. 1 s1. S1reK Sung 301 Proposal' i Denk,n, Texas 76207 Fat Worth, Taxes 70102 0 (040) 367-0122 (017) 335.1360 Metro (972) 434.2535 Metro (072) 219.2892 ~:r• fax (040) 383.1352 Fax (617) 3301352 Quote: 11019 ow: 10f16l191/ NTCS Inc Your CINnt: Jkn Avery PhOW* Wk 11140-3494262 City of Dentaa • Inbmwtlon System Fax 940.3404633 601 E Hickory Denton TX 76205 SAW Rep: David Johnson 040.381-0122 x 711 Pati Number D"artptlon qty Price Extended 1) - - - - - Enterpdge backup 9olutlon for Net w e SureSlore DLT Tope Library 4/40 - Reck-mounded library, 1 20,426,00 29,425.00 Inc)udes 2 OLT8000 drives (upgrodaable to 4) and 40 stets for topes, 2 year Next Day On•Sne Warranty DLT Tope IV Dale Cartridge • 40f?0* 081 peek 40 86.00 3,620.00 Extemal SCSI Cable 1 76.00 76.00 ARCprvelT Erdwpdoo Library Option 6,61 For N#tW*m 1 766.00 785.00 ARCurvelT Bod up Agent 0,6 for Novell OroupWtu 1 668.00 688.00 Upgrade ARCsmort 48.0 NoilWars Enterprise Ed To 1 326.00 32600 Enterprise Ed ARCarvelT No Were Backup Agent For Open Rea 6.6 11 38700 6,467.00 ARCoarwIT No0are Client Push ApM 6.6 15 29300 4,306,00 LABOR Backup System Design and lnstollatlon 3600 1.00 3,60000 LAMOR Pre•Seles ReNorch and Recommendation -1.0 1.00 200,00 Eubtofat 1 41,360.00 41,360.00 HP 4140 Enterprhe Backup Solution for Netwere Servers Piave allow 10 business days for doivery ARO. Proposal Includes procurement, veribcetlon of product I shipnNnt, and product delivery [a COO - Information Services. Labor 3,600,00 Subtotal 46,66000 TOTAL $0,360,00 it ~Jr; n Page 1 r ~ f' 4 STATE Of TEXAS GSC I CATALOGUE: QISVI299 PRICE OUOTAMN VALID THROUGH: I M M999 z NTCS, Inc, In<IZntl w YOV NCMO" Dormer CA V CI Intl No it ACWill so rwo.Ri iYf %M0 Uri wAE a Y Y • • O•M E YA4tlEY LKV [ to 011,1111 MoAc um I AA. 11 dan Ose AM OwEn it k . FMC 1 Y RYI 1 ca. Ntlq K /N)Itll WRYe6IdiWA A! V46 C90 IV" ui;ir" 111111111 1 PC AMI~nV`il.A'r" 09Wd ACC41M 160MME r,FAjL. IQi wi laT4 MANIEIIAHOCIA1111Ary IACMIA.IOr INAA1 2 k 1 'A` CA Y .1n I:OM!l11. Y~1M~1F~ AR 1, t eur w C~"Ut€d Tyr A~1e i r N 11 WV%MW ra 10 C0IPNCI1 i01 wAMr, UTI Cf1 1 Mc 11 Cwd PwM Poirot ' I I M 1 f ~ Z ARSE I.e dsw I ?1245 104 ruo n1• r r l rl/I raCt.'ArAk1 MMe fA•M\ I V1N1 c~ n A Il O)W61111 MAC I.Mew1 oA~al M r„1 VbAY W f7e•IM, 1 A NK/Y MtC S A4C OOM Ea° O, 6.4 wY to iN c~ I I +a, 1 STATE OF TEXAS G.S.C. CATALOGUE: OISV19" PRICE QUOTATION VALIO THROWN: 1213111M a ~,~y~~NTCS, Inc, I: r v'e Nall TOCll WAVY ftww CA Ut 1 AT iCM► Af }WOIIANO EA W I' NA M IWMUFIIIMNDYMt: N[IW IIl CO11►OM1101 INTlL PROfolk7 . I IO*NT cw tT/S. I IIII NN N COWVINlW11DYMl:Nl1W wINM1A101IA1gA NTR,P FN PCI 41 MCA NO CAM PM.ANWAR1 11"104 IM N CO&ftl N W^W#Ml NI rWNItt COWMANOI Mkt PRCYIIO►TVAK9ON LAN CAIIO PII.A44R@ plop w N tdMCRGHANOFMlN11W El01MMCYM1p BTNfR£IVOWPRCIPWT WO tIPFOM/ML IMAIM IMMol "WAS MR IAM AM warru IN M q WAONAWF: l1 IfYll PACAAIIO K-~ IMN Too 1j"; WWAM 1 1 70T N IIYPU1fA WAgW1[: IC Itf ►ACAMO NW4" YT .fA70NB1AM II N f0T N WNPNTfN WAtwx II HM@TTPACAAIO M.TT C SNIP PA N tdWU1E111OAD WA $1 OFKNIC 1 ✓ F~ P K r . I I i P.N I ~I l ~ Nlcl ~1, aar. I rl1.s raI ra MN INr4MrtIM LM otC NiwNIrAIAAMw f eMN CARsl.1A MJI FatrA 4046" so"00t U{N IYA..L twOwT r~ IfMV It MANMNff%AI'. r~111 AtW IV4w. AM Wr. 1I tl t STATE OF TEXAS GSC CATALOGUE: QISV1299 PRICE QUOTATION VALID THROUGH: 121001999 ? r NTCS! Inc, INGRAM y! Your Te&Aolopy Pottner celi UOUCT TECOR N M ---I VEMMA Dam I wpm RATE I I `r= Ark-r.-6 0141 M 0WUrERWr1V0 RC0Al01Atwa I mot Afw1w01 06" *W CONOWAft, Now" 11101 rYrwlt fAA111 11!000 4 ' R rE l 4A R~- IIIw r1A Wr YII 1 , I" ON" moood". LAN 00 1 - 11 ~-NEtV~' 1 lA w Alt 1 f u [ NE MV IN 0 la M be M M 1NR~ Or Is X AIk Irt~Y r 107 ONE roconk Ci. III II NE I 111 M imam 1 717 fv~t k Nt IN NM r NuR Yll1 w M SIPS iY 30 ER 1R If Ll Oe aaR l.u M III BMW NAYOr vAlp VIT U ER 1 C U A M Y AN PI G Cii 111 fe ttrN fP Ry YnNAMY/Y6 Val v iT O U 1W N IN ne ANw«e wN I wYw f I i it 30 COINUtfR ILIX w► YR IRIAUI MI I 1 ;T ERN I le fNk 1t1 N ! 10 C tF k i 4 ROtu 1 RI11A :9 311 I W. PITIM 11114 C MI 1 w. . mMT.iG . nI. NA rTl raw NimR _ . ►NnAN AINi Now tld"*AlNOMNSIk"IAfIII. Willi nW swap" YIrNRI iimNg111100. ~ U+pr Md AfNI Noael IIA►I wM N Y W II «111N♦11i, N RNRIr MIN /NRry1W/ M R) «Of0 NOu1n0. . x* ttl CiNnN INlk/"know lows r ItM1.ArIt Y►+MRRRIIY. NIN10, nyww Yw IM nAN. . _ pMliI t9W AitWn111MIMr NI1RY1 ~N1111FNN W1fi11MI MIfM11~II Nt{tIN•.•.• Nrt 1. Rte . atvE 1 as:.stY/ too v/r l if 1 CaiEa w A f1ag10E n11 Imlol Mal0la aYYa Ow1/n0 ft i 1A o 11 0WIlh OW101*0 IMONmk tilt tvwwtrMI ft COAT ftijanN 01Y o ir" tai ow 'r ORDINANCE NO, _ ~ I AN ORDINANCE AWARDINO A CONTk-%CT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES AS AWARDED BY TIII: STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (Q1SV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THSREFOR; AND PROVIDING AN EFFECTiVE DATE (PURCHASE ORDER 00987 TO NTC.c, INC. IN THE AMOUNT OF $49,350). WHEREAS, pursuant to Resolution 92.019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items Individually; and WHEREAS, the City Council has provided In the City Budget for the appropriation of funds to be used for the pu,~chase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SiCl=. That the numbered items In the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" referenced herein and F on file in the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ORDER VENDOR 00987 NTCS, Inc, $49,350 SECTION Il, That by the acceptance and approval of the above numbered items set forth in the referenced purchase orders, the City accepts the offer of the persons submi*S the bids to the General Services Commission for such Items and agrees to purchase the materials supplies or sen•icU; In accordance with the terms, conditions, specifications, standards, uantities / and for the specified sums contained In the bid documents and related documents filed with the General Services Commission, and the purchase orders Issued by the City. SECTION 1][, That =u ld the City and persons submitting forth in the referenced purc orders wish to enter Into a foral written e,id e items set the City's ratification of bids awarded by the General Services Commission, the Core Man a result of designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is In accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. =110R. That by the acceptance and approval of the above numbered items set forth In the referenced purchase orders, the City Council hereby authorizes the expenditure of fiords there. for In the amount and in accordance with the approved purchase orders or pursuant to a written con. tract made pursuant thereto as authorized herein. 5.EQTLQIU. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,1999. I JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BYr s I APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY ' !1 f ~ BY; j / 00987 PO STATE .'ORDNANCE 1 I i t ApandaNo-161' AGENDA INFORMATION SHEET Apnada Item _ Date AGENDA DATE: December 7, 1999 Questions concerning this j acquisition may be directed DEPARTMENT. Materials Management to Alex Pettit 349.8595 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance awarding a contract for eft put chase of materials, supplies or services as approved by the State of Texas General Services Co,n:.aSSion through a Qualified Information Services Vendor (QISV) catalogue; providing for th. expenditure of funds therefor; and providing an effective date (Purchase Order 00989 to IBM in the amount of $100,587). BACKGROUND: This purchase order is for the acquisition of an additional IBM model F50 Server. This server will be used for disaster recovery for Municipal Court Specialist, Harris Customer Billing System and the G1S/ESRI database as well as providing the Technology Services Division a test environment capability. This machine will allow for enhancement and program modifications, system changes, problem resolutions, user testing and implementation without accessing production files, database or system files. RECOMMENDATION: We recommend Purchase Order 00989 to IBM be approved In the amount of $100,587, ESTIMATED SCHEDULE OF PROJECT: The listed equipment is available for delivery within 30 days. FISCAL INFORMATIONa Purchasing Order 00989 will be funded from Long Range Technology Plan account (711.044- COMP-9847.9107). PURCHASE ORDL INFO a1ATiON. This purchase order is for the ptachase of an IBM RS/6000 machine type 7025 model F50 and AIX Operating Software. The price is from a State of Texas General Services Commission - QISV Vendor Catalogue indicating a 10% State of texas discount. i A , r 1 V. i 1 Agenda Informatlon Sheet December 7, 1999 i Page 2 Respectfully submitted; i I~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase order 00989 to IBM Attachment 2: Quote from IBM Attachment 3: QJSV Cert'sfication 1701. AGCNDA I i I i I y I 1 II tl a { I PURCHASE: ORDER NO; 00989 IMOP 0 w xxx This number must appear on all CONFIRMINIG ORDER invoices. delivery slips. cases. (IF WMEDI ctns., boxes. pecking slips and bgls. DO NOT DUPLICATE ~r Rect No: aid No: Deter. 11 22 99 Page No. 01 ~I CITY PURCHASING DIVISIIONN 1901-8 TTEEXAS STREV I DEN`M TEXAS 75201-4354 rrr~~~ 9401349-7100 DIFW METRO 8171257-0042 FAX 9401349-7302 ~ /ENDOR IBM CORPORATION Vises the City of Demon's Wel ite at wwwcityofdentonc0rt DAME/ HLTH/B/MFG/I08 OEL(VERY CONFIRMATION ONLY C11 ADDRESS 1605 L8J FREEWAY ADDRESS TECHNOLOGY SERVICES DALLAS TX 75234 601 E HICKORY DENTON, TX 76205 DEAN BELVIS VENDOR NO. II14900D DELIVERY QUOTED 12 10 99 FOB DESTINATION BUYER IS TERMS I ' 001 1.000 EA VENDOR CAT. 1 N / A MFG NAME 000587.000 100,587.00 CITY 1 9100 7025-F50 R8/6000 MODEL FED is SOFTWARE (AS PER QI8V CATALOGUE) I P 0E TOTAL 1 1001587.00 OR NO TOTAL f 100,587.00 p 01 771 044 COMP 9847 9107 100,587.00 i I , I VErdGI iitAUCTn 4-77 =1 ' i 1. TsreH -Net f0 4b 111 .w.1„ wur»u 1 sea klgittsl wike rrlA r0", bits. 4. Sh',~ Inst-fart FAA Ilastlaetim Ma~eI1 ts,.a .ee.„ .,..diet! ' ! Till is Aecamts Fs t No fthral mr Iwo We$ lei sw k inctatel 111 L bkN =t M Frktl billed n1 v e on Oemeti„~% Bills a u - i I ATTACHMENT 2 % qub~~lMgwhioi,alarJIBMQIBMUS,PM+yFilolwA4la1IBMtmBMU9,Rowb S yr/fmbMMgIBMU9, OvLdw dAck rAm" from 6471 bwrrMMuwW18MQ19MUS Subi"t Addmdnb OrO H«dwOO CM01eo or mm I we w adding M Wwwin4 NO" la"pM CO DOrmn b our ISM OW*g UW IKtplfdaaAOMO.ibm,OertJFXCOWoq► STATE COMMODrfYf WT PLACE JM ITEM ODDE D"MPW14 Sb6,B11.00 2040 Ry1 M Maohia0 V" ?oM Modol 1`50 S".5000 2W40 AIXOPa00ng 50OW" S1L125A0 21097!.00 Dobonh E. B680vwt 0iwmnorR.tado wPPAROwH"m 400 WWt 1" BwK guiw 1200. A009n. 7X 76701 Valm TiO Un0 51 4iI& fax w4i66 E1ROmd; dbi0lon~uO ibm.oon+N 512173-61 N, Faxitf-O7S~te6 I, I i I r' i t A i ATTACM4ENT 3 A L te` Genera! Services ConlMISSlon 1711 Sin 3aclolo PO. Bo% 170+7 • ~ I t~ ~ °r~esw wee Auf4n, Texu 76711.70+7 MyIM Ipp y r (512) 463.3033 Bma" pe y „ OAA ff~ 44rfra tO~+fWpw~r Jamsry 2, 1887 s IBM CORPORATION 301 CONGRESS AVENUE AUSTIN TX 767ol Re: OISV Catalogue Aooroval VIO 0:1130871985200 Boar Sir or Made m: Your It Is required ceto Ihal es ~ ~Od and ~r G"n is now dasigAstad sea Ouaifiad lnlarmation Sys11 me Vendor (OISV), copy of this letter and oalaloous Cover page be inc4xW with each copy of the ap rioved calalogue and subsequent updates theI are pro-Aded to e"I* anVilas. ! cats Logue purohaclog procedure Is required by all State of Teeaa ageralee, and Is avallable to f rat 9"mm4mls (rnunicipagiles, counties. aehoof disiricle, sic.) that are members of IM General Services Commitisi, n (OSC) ooog~iara (CPP (chasing Program, TI»se an9ble entr'gos have fun suft ft to utilise the Cataroov Purchessno O pr. To fnainUtln your OISV status than are several raqutnmenls year eempany naval Ntenl on an ongo: p basis. Fallure to mat thus rqulraments COUtd result h wspanaton from dr SC Canlra~ed hlaater bidden t lst (:MBI) and CPP. Your combarty must nuWain en Active slelw rxt +Rn CAIBI, p.ytng lane end snyoBler requErernar s designated by CMSL her N the Texas Admirdatrativa Code (TAC)113 .1o(k} what requtne a OISV to prerW the, CPP with a s Mq nnuet report dataptnQ the vctume and valve of orders pfaoddby each • ~Ie entity. Thh Wo nation Is requlrsd the 1 Sth dray d every March and Saplantbef for IM Prsvkue six months. It Is tmpellive that the GSC be updated with 04 roost current Worrna6m aonearnIng your company, Changes to pointof-coniact Worrnstron (Contact person, address, etc.) must be kldtosled en Via Celatogue Cam, it Page, • ftpy which musl be provtdad to CPP lndicaling the rev(skm((a). The CalaloGwa 0^*f Psye Is pan of IM Wlicaten packet or Iodated on the GSC Internet Me. Your approved CISV otlalogun maybe updated are am*W*d at s, y lime. CAanges to the products dturvtas provided, ktfdWN prk , must ba In wrON and submitted to the CPP ar, I ao oa Wogw holdnfs prior b y0uf ala(ogue bnktg Considered updated, We look fafward to your continued success wkh Na program and ft Slate of Texas. It you need 1. Wilted the CPP, r u may do so &1612-4634809. fax 312443,311110 are 6-rrialf pse~isvOgea+lar,bf w. You may n sh to vtnw our amel home page at www.gsasfele.Or.us formMe Intonation about ft program, E Sincerely. ~ A ' rme L Spiegel ~rognm Admtnistraror Camroow Purchasing Proofam a: Cats+ogue Vendor De AS • `l c~ U ll/11i11 19:31 tell? 111 113~19 12rw.pm •TONEHAU[N >tulty Of Denton 9T772487•i ► Ww:e,~ IBM tL.Y prsv a„~,8 ~iji1 P. 04 M1a e~raf~:tdr, ~ YID 0143W-tm&.M Vwww CaMaat lntomem" OMV Ordul 4 Adds: C HIV Cw4M kd*t @dm 100west1ithlttaet We t CwdWPeron: CnsWWAWtUm Aue Photo 0: I-MIN04YC i l W~, TX TX 78701 raw 0: t-i14~fi lpis Mmht.na Addns.: EmaN Address: m m~ IBM Flo Ba IW I Sn CMaL Addmes: 041"- Tx T9214-1693 100 Wert 16db attest. butts 126: AueBn,Tam 787pt PhaM 0: b1217bi1b8 Fax is 812-034089 34088 noon 04 of omabpw. Uatln~~: L1ait1 : »WalS Ludo {00 *Me" NMI; mme in ek Ph. L&M 11N.ad, A"&W % IM • VlIfi00•lA aJ ~ t c, f ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 00989 TO IBM IN THE AMOUNT OF S100,587). WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton, and WHEREAS, the City Mamager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items Individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orden" referenced herein and on file in the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ORQEg YENDOB AMOUNT 00989 IBM $100,587 SECTION 11. That by the acceptance and approval of the above numbered Items set forth in the referenced purchase orders, the City accepts the offer of the persons submitting the bids to the r General Services Commission for such items and agrees to purchase the materials, equipment, A~ supplies or services In accordance with the terms, conditions, specifications, standards, quantities and for the specified stuns contained In the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. ~t 9 f i ~~+SL~• That forth in the e referenced should the City and persons submitting approved and accep purchase, orders wish to enter into a formal written trd r es Be, the City's ratification of bids awarded by the OanServices Commissioa8reement as a result of designated representative Is hereby authorised to execute the written contract he i Shall a b ye attached and hereto; standards provided that contained the in written contr proposal l a t is in accordance with the terms, conditions, specifications and specified sums contained submitted to the Oeneral Services Commission, quantities and accepted. In the City's Purchase orders, and related documents herein approved in the rcfereY purchase That Orden, the acceptance and approval of the above numbered items set forth for to the amount P and in , accordance the with the Council hereby authorizes the expenditure of funds there. the approved Purchase orders or Pursuant to a written con• tract made pum mt thereto as authorized herein. approval. T10 That this ordinance shall become effective immediately upon its passage and PASSED AND APPROVED this day of 1494. LACK MILLER, MAYOR ATTEST. ~ r JENNIFER WALTERS, CITY SECRETARY • BY. APPROVED AS TO LEGAL FORM HERBERT L. PROUTY, CITY ATTORNEY BY: 00989-PO STATE, ORDINANCE ~ ~ . A, ~ n r t. aGeada No._ - r- AGENDA INFORMATION SHEET agenda Item AGENDA DATE: December 7, 1999 Date K Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Alex Pettit 349.8595 ACM: Kathy DuBose, Fiscal and Municipal Servicei SUBJECT: An Ordinance awarding a contract for the purchase of materials, supplies or services necessary for the upgrade of software as awarded by the State of Texas General Services Commission, Department of Information Services (DIR); provi ling for the expenditure of funds therefor; and providing nn effective date (Purchase Order 01744 to Software Department - Department of Information Resources (DIR) in the amount of SI54,000). BACKGROUND This purchase order is for the acquisition of software licenses to upgrade the City of Denton's primary workstation software from Microsoft Office 97 to Microsoft Office 2000 Professional and to upgrade from Windows 95 to Windows 98 in office applications. RECOMMENDATION: We recommend Purchase Order 01744 issued to Software Department - DIR, be approved in the amount of 5154,000, ESTIMATED SCUED 1r F nF pRn IFrs The software list is available for Immediate delivery, installation will be phased in over a 60-day period. FISCAL INFO M1tATIn1Yt Purchase Order 01744 will be funded from the Long Range Technology Plan account (711.044- COMP-9847.9107). PURCHASE OEDLRjNZDAM&jW.&. 'Phis purchase order Is for the acquisition of 550 copies of Microsoft Office 2000 Professional tnd 550 copies of Microsoft Windows 98 Upgrade, Second Edition. The enhanced stability of Windows 98 and the new and added features of Office 2000 is intended to Improve the overall productivity of City staff. The prices listed are taken from the MR price catalogue published by the State of Texas General / , - Services Commission. ~ I Agenda Information Sheet December 7, 1999 Page 2 Respectfully submitted; Tom Shaw, C.P.M.; 349.7100 Purchasing Agent Attachment 1; Purchase Order 01744 to Software Department - DIR Attachment 2; DIR Price Sheet / Order Forms 1304.AGENDA I I I • ~r a PURCHASE ORDER NO; 01744 THIS IS A This number must sppow on all CONFIRMING ORM invoices, delivery slips, cues, IIF MARKED1 tins. bows. packing slips and bills. DO NOT DUPLICATE Rey No: Bid W. Dst« 11 22 99 Page No. 01 C PURCHASING OIVICiON 11 901-8 rTEExXAS~ STTRREET IDEN`ON. TEXAS 76201-4354 ~ 9401349-7100 DOW METRO 8171257-0042 FAX 9401349-7302 EN" DIN Visit tM City of Denton's Website at www.tityofdentoncom TAME/ SOFTWARE DEPT DRIVERY CENTRAL RECEIVING 1111 %DORESS 300 VEST 15TH STREET, 13 FLOOR ADDRESS TECHNOLOGY SERVICES AUSTIN TX 78701 901 B TEXAS ST DENTON, TX 76201 NICOLE VENDOR NO. SOF49055 DELIVERY OUOTED 12 30 99 FOB DESTINATION RFTER TS TERMS 001 550.000 EA VENDOR CAT. #NS OFFICE PRO 2 MFG MANE 1981000 108,900.00 CITY # 9100 MICROSOFT OFFICE PROFESSIONAL 2000 UPGRADE FAOX MS OFFICE PROFESSIONAL 97 002 550.000 EA VENDOR CAT. #MS VIN 98 UPON NFO MANS 02.000 45,100.00 CITY # 9100 MICROSOFT WINDOWS 98 UPGRADE, SECOND EDITION P 0E TOTAL i 154,000.00 OR MD TOTAL 1 1540000.00 01 771 044 COMP 9847 9107 154000.00 0 r YFH00R WSlM1C110N&' - ~7 1. Terms - wt 30 w.n.en«.. so"40 f tend erlow Ylwki *0 dsdl~is 4. IN inf M11rurtlstie 1.0.1. DettGwtiol greNtl 1w„ Aw hr y..ow1 1 pill to - Atdweu Isys/1e 1, Ne d" of rims soft as sM11 N incto III L Lfto'~r1~ It M 01 kliIM Purchasing Division Demon, TX 11201.4111 ATTACHMENT 2 Microsoft Sohware Products (11101199)(HUS) )Prices good from TUOl" lhru n 3M) Soh* are De 0x1~1 ! DeDYnmeM d Irdormee0n Rewurcn OIR Oele pomp P.0 80e 13561 Au6t4n, Teee6 78711 Prone (l1313tlSdTU FU1Sl3)4?"TOT POP. FOR ORDER STATUS INOUTAIEI ON THE WES, WWW,TEXAS .6HECOM DIR Cww e, FOR UPDATED ORDER MIMS ON THE WEB. WWW.OIR, SfATE.TR.US lkemn UPS AM 147 BM Pena 119' UW*"Seenee I ded 1 D•eenpPOe .09 Neeue Mru to ROM IPlan* lM M rdul You x Disk 19101? MAnwle NenuAN 0466 we UPpedlrq*am) Prl:e '"NOTE••.P(ee56SMi "version you are ord'sdn vmlakimmA *"Pies" use MIS Office order form to Order ally wr6lon of office. 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NA 24 29 22 WA NA Upvad City naouarR ffl m ' l 11 Paa 313 1114 32- 22 324 WA km rAcrowR Wrr4uwab Pam $69 111 329 WA 123 WA 23 'NaA' ap 3 11 pry nAU0a,rt 14vntluyl k" Fite 32] WA l,3 WA $23 WA WA VINk9rm" 511 Ada On Cxf rAupwa W.a a 95 uppada Pool 2 I 327 77 -Fl- $24 WA Orr hL"PRW.nd"S%f Nm $154 $133 124 WA 324 WA A~mtm A O Carat/ ad (7l, rAUmuR^'4u 1NI Pnn $97 NIA S21 -3d-WA 24W vVaAalMm-O VMPmU mm WumuR ftd Nl Pnn 1275 W'A NIA W WA J Won knMm A O km NO" Try 1 Aumult AM" M Upped Pay 332 133 $27 SJ2 $33 7l, WA ylaA Q:W $Pi'aW Fdipm XV 11 Win9l F641 PaAAdF Pt+c.. Vol NSA WA WA WA NA NA inn LK Day Ayd-IV~r a~CO 7l, Wm98 UPpada Fun r"a" Pnca 396 NA WA NIA NIA NA I NA "r Lt 0"Meda Iw,m CD Y MICROSOFT SACKOFFICE PRODUCTS vmw'q Ba.J L'MA Pnu 143 $815 $51 A wok ISM WO bOmw 1 SM.M 11 Xv MwrpuiR 19*iLMxa Fmra WA 11'A WA WA WA WA 937 srvar A 5 CanpaLli.a u pro ON kklpAUR Back CXka Pnua WA NA WA WA WA WA 1937 Sarver-5lh~U d 'Xv M,"t ABar LXN.a M" NA WA NIA WA WA W SON. 1 5 VAnim Lrqj Illy O'Wm mPw CAca Pnu 171 399 WA WA WA WA /d. MION isle A 5 CIMN ACeu L¢ orv wooaln«„u Una POLO WA W'A NA NSA N,A N'A 97 IONM l 5 CAL CO mlwla Up n rA~imoa liv, UAca Sen a rnca NA N,A NA NA WA WA 108 15 CAF NC1,0U dNm 5t/'.'X / ",rwo Bad CAU r'nca WA NIA W WA WA NA 5 f, iarvM 1 5 CAL Npdat U .90 21V I k Wf"W PMa Oka Pnu NIA NA WA W -NA 2 I,Nol A 5 CAL can~m U d qq Y, "10 Waa!ek Nv rma U9I 16 J7 'A 9 :.rvMld >ti Cr t. llclne Use Aev re ti lde enms Description .re eArw fro 7N /frry 1Ir7• CD 11011 IwweNMwr ew Eeh,nd$d aDNA Ir{tRl YanN/N Y1rw1N DV,AS wows"4ant hlse Ahn lNT Suer 10 Pnp 22 {1f MA WA WA NIA 112 sal Aran, Lgnle AAUO1dI WudOw, Nt {1,529 1,52/ IS WA WA 111,15? pro Seryu/0Enwene MrCOW'Mnanw, N/ PntY SJ97 WA 24 WA 19 SMk furtvrMllS MWV,uA'Mneaw, N7 Pnq sm 1 W W NA WA 29 Server tem" 1 0 CAL MrpplaA SNA Smu 10 Pyyy 9 5/21 331 WA WA 11; 129E b Wrtlmn NTySp2f SNA Server Chem Access Pep Jt 127 WA WA WA WA to um/0 MS lysNrm MUMOem/f once 293 1773 7 NIA WA {2/ I5/ Server 7 0 b'Nnidiw, NT ShN"°M°ruq°nnry P'" A 323 WA WA WA WA 1S 5NVM 70 ChM Axel Lk MittowA %X Suer F 0 Prom SI SIM 191 N A 824 Sim for WV4O t NT YX sorwer Chem Access 1 A WA NIA WA 1 lKUp1 MS 3154 to Pn 101 110 WA WA 7 {12 MS Sb SU w30 PnOf 81,510 11.60e 7 WA WA N7 1,039 CamyRe M95ih Sour 70 C.IL PnO, {20 321 W4 WA N'A WA WA MICROSOFT MESSAGING PRODUCTS F rcheq, SBrru 17 Pmt 154 Ila? WA W 37 211 WICUIbol. 2000 E.&,aW CUM!! Pricy 120 NSA WA WA WA 71 Cu9wgSfnu 53 EM Edl 947JI _WA WA NIA -mr Sri W0000h 7000 f Er~enpe A 100 Pnu 1458 W NSA W 1 WA ~.aryr.Yer MS Proyy 9ervu 70 Pn01 1 WA W N MICROSOFT O ROM7 Nkmr Am"W CD Ptv NIA NIA 1 WA NIA I t10 Arl>Nu Pod Md mMpM CO hRy N' WA w' WA A me A W server Pod V MrmUA Metier CD Price WA WA WA WA w'A $11 VA 5 hn nl Pod TOTAL AMOUNI FOR THIS ORDER j ' • H you are orderlnq in UpgreM rice, 014 you remember to fin In whet you en upgredinq from? Ship 10. (Must be street address? kwte To: I ~ ~ 1 A C~ Aos" aria roophwf fR*0 "0 0~ Nun and rNpbN iRvot sal Fmk? A ddrels 1 Reeulred /w NoElkeeon of Rkkpl PeOrdw2 1J I i 1 I I d Microsoft Offico Products • Govt. 1PAUe good firm ] WIPERS thm 11" IWtwal 0"Im"m 1 I 0A 0a Wl 4 py~rM W In 0"son Rssaurcss 10, 1 3514 PON; Aul". ran 71111 FhO 100464.111 / w 111-m"I l1 OR C0111Fd FOR 1004"1316 w 1124x14707 PLEA 1L SEE OTHER MICROSOFT ORDER FORM ION ALL OTHER WCROSWT MODUCTI IAA Aw DORRRW 1m) 43A In, tam 110027 FOR ORDER STAIUS 04OUIRIES ON THE WES VANW.TEAAS. III COM MRUPOATEO ORDER FWNIS ON THE Will: WWW.DWSTATIL MUS • TNA fHAd wd Ordw I" MuA1 M LuemNUd *IM Ie hied c al N b OR ft OrMr w41 N e1N' jwz; NYam IM4 a1 DYItfYlNan ~11T" AN NPwV 1115' COON V~ tmy 0r016•1 tIPIN IN 10TH AAMNfw 04,00 AWwq AIwN•II 0106 U•e'4 Upre VA1N A1w 1 OM AId A 4 WCW W1 OWNS BE "T 0444 Dy-Kwa "NOTE-PkN4 W CArWd 10 Chmml ft cam u ift of Ms ofkl I4 M3 oNcA PIml^ 2060 A" $351 {393 WA WA WA 126 1261 1303 1114 1175 COY ME 0MCA "Ollemol MORI l'rkAl 1215 {271 122 MA WA 124 1116 1232 $57 UN eF 1dt COY So Pa♦ 1084 MS odkA sla and 2000 Ptki 1231 {195 122 VA MA 124 1137 1171 WA 1132 QIT Ms OAUA Dembp4n EdAW 2000 Pt1q 1621 1549 131 MA WA 656 {410 $453 WA 1453 *4de ml ahdm OPIM PWkM COT MS OP¢R PmlwswW 17 Aim WA WA 147 WA 170 124 WA NA WA WA 'UYA 0 MCA Fro 2000 Lks 017 Ms ORrCs Shndard 17 Phu WA WA 126 121 101 624 WA WA WA WA 'UN OPks 11Andare 2004 Ults oty MS O&A 04.1"l Ed#q 17 Price WA WA 120 WA PUA 124 WA NA WA WA •rhd Office Ow Ed 2000 Lks. Q(v MICROSOFT WMOOWS S.I OR1q 0010% ME oke Sutdald A 2 Ptic1 WA WA 153 122 341 124 WA NA WA WA , IWmdEO Ercw 50 POwmrPU"461 Oq LNCROe0F711ACNTOSN APFLICATION6 Ms DNcA pmhnsomw M Qry 6276 1323 NJ WA WA 146 $249 WA SET $242 wrtaP~o ] 0 M Mw; A" MKTACA omcs 01 Prke $231 5236 {J2 WA WA $24 1190 WA WA 3190 M Ma~mofi QlF TOTAL AMOUNT FOR fWl ORDER itld~0 VAIMa: laMw" Kona eda.I I III to iMusl 04 / Ir" Mdmcl MIYOAOe T4: i1 I r Cam" Name AM fAlAahow IR44uIrMJ CaY4d NAANer10TA40PO tRpYbsdl EmAll Addrnl RARYIr d (Pk4AA 0J WA 0 tMIRCI OM M MN O"A? I 1 L' 1 I i Explanation of Upgrade Options Version Upgrade AVendon Upgrade is an Upgrade Fan tM Pnvbus nNon of OMN Fa ExerrgN, aom Oft s y Pro 9710 Oft e Pro 7000 CompeUdvs Upgrade A CompsFtive Upgrade h an Upgrade Fan a similar bps tale made by ano0w MV40KVW For Exarnpw, an Upgrade from C04 wordwoo Subs 10 off" pro 2000 Product Upgrade A Pro" Upprode h an Upgrade fMm A standard "ton or OMa 10 1 Pro 0 MV . For example, from OlOCO afarderd 2000 to Mae Pro am, Version Upgrade from, A Version Upgrade hen t MS Application M an Upgrade hom one product In Ollloe to Macs For t M5 Appllca0on Example, an upgrade from MS Word 07 to Olee Standard 2000, lncladod In Each OMce $ulte Me Standard 2000 Me 2000 SMrdArd Rtes the fo0owbq Word. Excel, Powerpolnt and OutboA Only Profeeslonal a000 Ollks 2000 Pro hchrdes 1+e Io0owing. Ward, Exeet Pcrwrpolnl, Outlook, Acme PubWw, and Smell Busmis Tope Office Premlurn 2000 OffKe pre llum 2000 xcardes pw rdbwo Wmo. ExCM. powarydnl.OutbosAcMc Puotisfier,Frontpege. PwoOr", and Smal Be Toch offlco Devsk"re Ed. 2000 Onln DIvoloperl EdNan 20001ndudes ft bllaMna Off" Premium and Access DevOopen Toowt For mere Ime on Mo %olww all Inwats of oalu 2000 Mlp PM mfumoA eom!decerynvleMaeh A Mrs II I l / 1111110111 t. I 1 { I E l I ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE UPGRADE OF SOFTWARE AS AWARDED BY THE STATE OF TEXA': GENERAL SERVICES COMMISSION, DEPARTMENT OF INFORMATION SERVICES (DIR); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 01744 TO SOFTWARE DEPARTMENT - DEPARTMENT OF INFORMATION RESOURCES (DIR) IN THE AMOUNT OF $154,000). WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary mated sIs, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items Individually; and WHEREAS, the City Council has provided In the City Budget for the appropriation of fiutds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the numbered items in the following numbered purchase order for I materials, equipment, supplies, or services, shown In the "Purchase Orders" referenced herein and on file in the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ORDE VENDOR AMOUNT 01744 SOFTWARE DEPT -DIR S154,000 SECTION 11. That by the acceptance and approval of the above numbered items set forth In the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, l,. c supplies or services in accordance with the terns, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders Issued by the City. 1 a SECTION III. That should the City and persons submitting approved and accepted items set forth in the referenced purchase orders wish to enter Into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative Is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. I~ SECTION IV. That by the acceptance and approval of the above numbered items set forth in the referenced purchase orders, the City Council hereby authorizes the expenditure of funds there- for in the amount and in accordance with the approved purchase orders or pursuant to a written con- tract made pursuant thereto as authorized herein. SECTION Y. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 11999. i JACK MILLER, MAYOR , ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: a, t, 01711d'U STATE.ORDtNANCE ' I AeOU N01- ~ AGENDA INFORMATION SHEET Agenda nom-_ pate_ 7 AGENDA DATE: December 7, 1999 Questions concerning this k acquisition tnay be directed DEPARTMENTi Materials Management to Jim Coulter 349.7194 ACM: Kathy DuBose, Fiscal and Municipal Servicelp SUBaEC,Ki An Ordinance acccnting competitive bids and awarding a annual contract for the rental of heavy equipment; providing fuc the expenditure of funds therefor, and providing an effective date (Bid 2424 - Rental of Heavy Equipment awarded to TKO Equipment Company for Items 1.12 and Nations Rent Item 13, and Howard McAnear Item 14 as listed below and in Exhibit A). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder as Listed below: LLiYM DESCRIPTION SUPPLIER PRICE PER MO. I Scraper 623 TKO $11,262 2 Scraper 621 TKO $10,762 3 Dozer D-8 TKO $10,512 4 Dour D-7 TKO S 7,662 , 5 Dozer D-6 TKO $ 6,612 6 Dour D-6 LP TKO S 8,012 7 Trackhoe 243 TKO $13,975 8 Trackhoe 320 TKO S 4,425 9 Trackhoe 323 TKO S 5,730 10 Trackboe 330 TKO $ 7,07$ 11 Trackhoe 350 TKO $11,475 12 Dump Truck 25 YD TKO $ 71105 13 Water Truck 1$00 0L Nations Rent $ 11608 14 Water Truck 4,000 OL Howard McAmar $ 3,000 ESTIMA ED SCHEDULE OF PROD M r f A r. Bid requirements call for delivery of equipment within three days of notification. O - 1, i I i I I l Agenda Information Sheet, December 7, 1999 Page 2 FISCAL INFOIgAiATM The rental of this equipment will be funded from appropriate budget, bond and or CIP project accounts. BID INFORMATION: This bid is for an annual contract for the monthly rental of a select group of heavy earth moving equipment. The listed equipment will be utilized for maintenance and construcdon projects as needed. TKO Equipment Company is the lowest overall bidder offering a full line of equipment. Our recommendation is for award to the lowest full line bidder to simplify construction projects. Respectfully submitted: - Tom Shaw, C.P.M., P4 7100 Purchasing Agent Attachment 1: Tabulation Sheet Attachment 2: Exhibit A 13MAOENDA L r ~ c. Bid 0 2424 ATTACHMENT i Date: 11111/99 TABULATION SHEET RENTAL OF HEAVY EQUIPMENT No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR TKO Future Nations Creuent Prop Ive Sunstate colvowbi Howard Darr j Equipment Equipment Rent Mach Tractor Equipment Equipment Censor 1 Mor Scraper, Cat623orequal $11,?82 $14,600 nb nb rib nb nb $11,970 $15,000 Make/Model Bid Case 9360 623F 2 Mor Scraper, Cat 621 or equal $10,762 $14,600 nb nb nb nb nb $0,330 $13,000 Make/Model Bid Case 9380 821F 3 Meer Dozer, Cat D-8 or equal $10,512 $12,000 nb nb nb nb $1,130 $1,600 $11,000 MakalModelBid Komatsu 0Kom DAR , 4 Meer Dozer, Cat D-7 or equal $7,882 $10,500 nb ob $8,000 nb $7,235 $7,960 nb MakelModel Bid D86 D65E 6 Mor Dozer, Cat 0.0 orequal $8,612 $61850 $8,376 nb $6,600 nb $4,888 $6,880 $8,200 MakerModel Bid D65EX Kom~T KmallXu D58E OOH DOR 6 Mor Dozer LOP Cat D4 or oqual $6,012 $6,000 $3,160 nb nb nb $5,680 nb $9,200 S' ~✓1 Moke/Mbdsl Bid D860X D8M D58P DBALOP 7 Mor Trackhoe, Cat 248 or equal $13,076 $6,000 $6,000 nb nb nb $9,700 nb $24,000 Make/Model Bid of" 0050 KPC400 PC400 Cat 376L T -T I t° t Bid N 2424 ATTACHMENT 1 Date: 19/11199 RENTAL OF HEAVY EQUIPMENT TABULATION SHEET No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR j TKO Future Nations Crescent Progressive Sunstale Conontetal Howard pan a ,i pYga< Equipment Equipment Rent Mach Tractor Equipment Equipment Canear 8 Per Trackhoe, Cat 320 or equal $4,425 $3,750 $4,100 $4,900 $4,300 $5,400 $4,888 $4,430 $7,600 Make/Model Bid Case 9030 J. Deere JCB Daewoo 22 J Deere 2LC PC200 320 Cat 3208 200.890 J5200L V 9 Mor Trackhoe,Cat325orequal $5,760 $5,050 $6,100 36,800 $5,200 nb $5,875 $5,750 $7,500 MekelModel Bid Case 9045 KOM PC JCB 260L 0290 V d PC220 325 300 10 Per Trackhos,Cat,33Dorequal $7,075 $6,000 38,100 $8,200 $5,700 nb $1.236 nb $8,200 MakelModel Bid Case 9050 PC M JC8330L D" o PC300 3308L I 300 \ 11 Pier Trackhoe,Cat 350 orequol $11,475 $9,050 nb nb $8,000 nb I $9,700 nb $12,500 Make/Model Bid Case 9080 D4"wolllod PC400 350L 12 Pe Dump Truck, 25 Yard Endup $7,105 $7,650 nb rib nb nb $7,476 nb $9,000 Make/Model Bid D260 VoNo 25CAT 0250E Water Truck, 1800 gallon gravity spray 13 Mon heads horn rear and aides, PTO driven nb $2,400 $1,680 $2,000 nb $2,760 $2,700 $2,000 nb our Per Water Truck, 4000 5-eon gravity spay 14 Mo heads from rear and sides, PTO driven nb $4,000 $4,100 nb ntr nb $4,604 $3,000 nb um • $260 for 161mIls DELWERY roundtrip for 13 614 trans, t, c. i t i ~ ATTACHMENT 2 EXHIBIT A LIEM DESCRIPTICIN SUPPLIE$ PRICE PER M0. 1 Scraper 623 TKO $11,262 2 Scraper 621 TKO $10,762 3 Dozer D-8 TKO $10,512 4 Dozer D•7 TKO $ 7,662 S Dozer D-6 TKO S 6,612 6 Dozer D-6 LP TKO S 8,012 7 Trackhoe 245 TKO $13,975 8 Trackhoe 320 TKO S 4,425 9 Trackhoe 325 TKO S 5,750 10 Trackhoe 330 TKO $ 7,075 i I Trackhoe 350 TKO $11,475 12 Dump Truck 2S YD TKO $ 7,105 13 Water Truck 1800 OL Nations Rent s 1,608 14 Water Truck 4,000 OL Howard MCAnear $ 3,000 I 1 f I i t t II ORDINANCE NO. { AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A ANNUAL CONTRACT FOR THE RENTAL OF HEAVY EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2424 - RENTAL OF HEAVY EQUIPMENT AWARDED TO TKO EQUIPMENT COMPANY FOR ITEMS 1-12 AND NATIONS RENT ITEM 13 AND HOWARD MCANEAR ITEM 14 AS LISTED BELOW AND IN EXHIBIT A). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of ncessary 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 Bu Iget 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 . That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such 1 items: BID ITEM MUM 13 ML VENDOR AMOUNT 2424 1-12 TKO EQUIPMENT COMPANY Exhibit A f 2424 13 NATIONS RENT Exhibit A 2424 14 HOWARD MCANEAR Exhibit A =TION 1I. That by the accepu,xe and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. i ,TION ill. That should the City and persons submitting approved and A accepted items / and of the submitted bids wish to enter Into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative Is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. I ~t f1 c. 1 SECTION IV. That by the accept=e and approval of the above numbered items of the I submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective Immediately upon its passage and, approval. PASSED AND APPROVED this day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2/24 SUPPLY with Ethibii A. ORDINANCE. j , !i I V is i I Ii i EXHIBIT A ITEM DESCRIPTION SUPPLIER PRICE PER MO I Scraper 623 TKO $11,262 2 Scraper 621 TKO $10,762 3 Dour D•8 TKO $10,512 4 Dour D-7 TKO $ 7,662 5 Dour D-6 TKO $ 6,612 6 Dour D-6 LP TKO S 8,012 7 Trackhoe 245 TKO 513,975 8 Trackhoe 320 TKO S 4,425 9 Trackhoe 323 TKO S 5,750 10 Trackhoe 330 TKO S 7,075 11 Trackhoe 350 TKO $11,475 12 Dump Truck 25 YD TKO $ 7,105 13 Water Truck 1800 GL Nations Rent s 1,608 14 Water Truck 4,000 OL Howard MCAnear s 3,000 i I h A~ I i c~ I t Agenda No._~ - AGENDA INFORMATION SHEET Agenda itam~ oats /a AGENDA DATE: December 7,1999 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349.8487 i ACM: Kathy DuBose, Fiscal and Municipal Service V, SUIMECT: An Ordinance accepting competitive bids and awarding an annual contract for the purchase of tree trimming services; providing for the expenditure of funds therefor, and providing an effective date (Bid 2426 - Tree Trimming awarded to Horton Tree Services in the annual estimated amount of 5250,000). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend this annual contract be awarded to the lowest bidder, Horton Tree Service as listed below in the estimated amount of $250,000: a Item I Open Easement S .65 per foot s Item 2 Closed Easement 51.20 per foot + a Item 3 Combined Open/Closed S .90 per foot a Item 4 Transmission Line 51.30 per foot ESTIMATED SCHEDULE. OF__ PROJECT; This is an annual contract and will begin December 15, 1999 and run through December 14, 2000 and is renewable for additional one year periods with all prices terms and conditions remaining unchanged. FISCAL INFORMATION; Tree trimming services will be funded from 1999/2000 budget account (610-103-1031.5930- 8338) Maintenance of Overhead Distribution. BID INFORMATION: This bid is for an annual contract for tree trimming along electric distribution overhead lines. The ! A+ n work will be performed corder the direction of a DME representative, Open easement indicates that the work can be done utilizing bucket trucks and automation. Closed easements indicate that the work must be done by and utilizing climbers and laborers. Transmission tine costs reflect the increased height and width clearance factors. i u Agenda Information Sheet M. December 7, 1999 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349.7100 Purchasing Agent I Attachment 1: Tabulation Sheet 1301 AGENDA I.I i i i r i 1 ~ i I t, i I i ATTACHMENTI TABULATION SHEET Bid 0 24a DATE: 11.16-99 TREE TRIMMING No, O DE CRIPTION VENDOR VENDOR VENDOR VENDOR re 5ti 4~~~leabpi X~sc^y. r m e Horton Tree Ballard Tree Treee Whiar*s Line r'" Services Servke Inc 0"rince 2501 Tree Trimming for miscellaneous electric MR lines in the City of Denton, TX 1 FT Open Easement SD.65 $0.71 NO NB 2 FT Closed Easement $1.20 5112 NO NB 3 FT Combines Open & Closed Easement $0.00 $0.99 NO NB Tron fine right-of-way clearance 4 FT I(pe'nspei"cleabon TM. 12 (1) New growth, $1.30 $1.43 NB NO (right-of-way 75 R) per attached Drawing i r - -A j i 1 it t• I I L , ~ II i ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TREE TRIMMING SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2426 - TREE TRIMMING AWARDED TO HORTON TREE SERVICES IN THE ANNUAL ESTIMATED AMOUNT OF $250,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services In accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employ" has reviewed and recommended Lhat 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 finds 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: 5ECTIO1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Sid Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER -N9- VENDOR AI 2426 I Horton Tree Service S .65 2426 2 Horton Tore Service $1.20 2426 3 Horton'rree Service $ .90 2426 4 Horton Tree Service $1.30 SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 111. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter Into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written { contract is in accordance with the terms, conditions, specifications, standards, quantities and specified stuns contained in the Bid Proposal and related documents herein approved and accepted. tr. , SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor In the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY , BY: 2126 SUPPLY. ORDINANCE, / cE Ap«tda No.. ~ AGENDA INFORMATION SHEET Ap o& Ibm- 9 Date AGENDA DATE: December 7. 1999 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349.8487 ACM: Kathy DuBose, Fiscal and Municipal Services - SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the purchase of Padmounted Interrupter Switchgear; providing for the expenditure of funds therefor; and providing an effective date (Bid 2431 - Switchgear and Puffer Interrupters awarded to Temple, Inc, in the estimated annual expenditure amount of S 110,000). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder Temple, Inc,, in the amount of $19,288 each for Item l and that Item 2 not be awarded at this time. ESTIMATED SCHEDULE OF P&=CT- The S tit C switchgear interrupters are available for shipment in 84 days from receipt of a purchase order. FISCAL INFORMATION: The purchase of this switcb,gear will be funded from 1999/2000 budget fund account (610-101- 1031-3650-9221-C050701 B) DID INFORMATION: This bid is for an annual contract to supply padmounted switchgear interrupters to Denton Municipal and Electric for distribution system construction and maintenance. The units will be ordered as need throughout the contract period. Respectfully submitted; Tom Shaw, C.P.M., 349.7100 Purchasing Agent Attachment 1; Tabulation Sheet UIO.AGMA CO ATTACHMENTI TABULATION SHEET Bid 0 231 Date: 1119/99 SWITCHGEAR & PUFFER INTERRUP No, DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR o Temple Preferred Techline Prlester Cummins dM AA za" Sales -~4 Mg 1 2 Switch9ear, S 3 C vlate padmounted 600 Amp $19,298 nb $21,155 $19,650 :19,350 1A 1 Prkx held firm for 1 year YES yes no YES YES YES Unit Price $19,288 $21,155 $19,550 $19,350 2 2 Puffer Interrupters G&W padmounted $19,798 Alternate 120,065 $19,660 600 AmP 317,500 2A 1 Price held firm for I year YES YES yes no ti ES YES Unit Price $20,248 $17,500 $20,465 $20,050 I i i i i r ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF PADMOUNTED INTERRUPTER SWITCHGEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2431- SWITCHGEAR AND PUFFER INTERRUPTERS AWARDED TO TEMPLE, INC. IN THE ESTIMATED ANNUAL EXPENDITURE AMOUNT OF $I 10,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for ,materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM UM LIQ_ VENDOR AMOUNT 2431 1 Temple, Inc. $19,289 SECTION il. That by the acceptance and approval of the above numbered items of the I 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 III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, e,iproval, and awarding of the bids, the City Manager or his designated representative is hereby r authorized to execute the written contract which shall be attached heretc; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. i M t SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor In the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I BY: 2111 SUPPLY. ORDINANCE. i I i I f' 1 I t 1 AGNU No.- 222 0!i_3 _ Aplp * Rem AGENDA INFORMATION SHEET bate 7 i AGENDA DATE: December 7, Irt99 MPARTMEN Police Po e CM: Michael W. Jez SUBJECT An Ordinance authorizing the Mayor to execute an interlocal cooperation agreement between the City of Denton and Denton County for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said ugrerq ant; and providing for an effective date, BACKGROUND: This is the sisteenth year that Denton County has requested an inteflocal agreement for these , _rvices. The animals delivered by Denton County have not resulted in overcrowding at the Animal Control facility. The agreement states that the City of Denton will provide the following services to Denton County for the impoundment and disposition of animals delivered to the City of Denton from Denton County (t) The City of Denton will hold these animals for ninety-six (96) hours if not i 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 Dcnton will remove and ship the heads ofrabid suspects for rabies testing by the Texas Department of Health. For the son ices, Denton County agrees to pay fees set forth in the agreement as follows: (1) A holding fee in the amount of fifteen dollars (15.00) for the first day or part or a day and five dollars ($5,00) for each subsequent day per animal held for reclamation by the owner, (2) A holding fce in the amount of 1iAton dollars (15.00) for the first day or part ors day and five dollars (S5.00) for each subsequent day per animal held in o quarantine as a rabies suspect, (3) Fiflecn dollars ($15.00) for each rnimal euthanized, (4) Thirlyfive ($35.00) for each decapitation and shipment. s t. t I OPTIONS 1. The City can choose not to renew the interlocal agreement with Denton County. 2. The City can approve the ordinance and renew the interlocal agreement. RECOMMENDATIO The Department recommends approval of the ordinance and renewal of the interlocal agreement with Denton County. L The interlocal agreement provides a valuable service to service to the citizens of Denton County. 2. The housing and disposal of dogs and cats has not, and is not projected, to create a hardship Animal Control operation. 3. The interlocal 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 Denton County Commissioners Court on November 9, 1999. FISCAL IMPACT: The 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 this agreement will generate approximately 525,000 in n venue, Res ectfully submitted, tL~ 1 Gary L. Matheson Chiefof Police Prepared by; r ~ (1rN N ° Wse~11 w right Captain Support Services Division 2 ~ ~ t 4 1 I 1 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY 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, or in his absence the Mayor ProTem, is hereby authorized to execute an Interlocal Cooperation Agreement between the City of Denson and Denton County for the impoundment and disposition of dogs and cats, substantially in the form of the copy of which is attached hereto and incorporated by reference herein. SECTION II. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement i SECTION III. That this ordinance shall become effective immediately upon its passage and approval I I PASSED AND APPROVED this the day of .1999. JJI 1 JACK MILLER, MAYOR E ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 4L~i F'shree&r6LUUMm Oowne1a\0rdm'4e%, Ion Caorty Mind Convol.doe I t t STATE 0, TEXAS ¢ iNTERI.OCAL COOPERATION AGREEMENT COUNTY OF DENTON § { This Agreement made and entc•ed Into by and between the City of Denton, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of said City (hereinafter called "City'), and the Cotmty of Denton, Texas, acting herein by and through its County Judge, duly authorized by court order of the Commissioners Court of Denton County, Texas (hereafter called "County'), WHEREAS, City and County are both local governments with the authority and power to contract; and WHEREAS, City Is engaged in the services of holding and disposing of dogs a,td cats for the benefit of the citizens of Denton; and WHEREAS, City is the owner of certain facilities and equipment designed for 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, County desires to obtain impoundment and disposition services for dogs and cats rendered by City, as more fully hereafter described, for the benefit of the residents of the Denton County, Texas; and WHEREAS, County and City mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto; and WI IEREAS, County and City have the authority to perromr the services set forth in this Agreement individually in accordsace a, hS Texas Government Code 1791.011(c); and WHEREAS, County will make all payments for services out of available current revenues and City agrees that the payments made by Counry hereunder will fairly compensate it for the services provided; NOW, THEREFORE, the Denton County and the City of Denlan, for the mutual consideration hereinaRer stated, agree as follows; A o A. COVENANTS OF THE CITY OF DENTON: ` 1. 132fdin¢ of Does and Cats, City agrees to accept and hold dogs and cats lawfullf impounded by authorized representatives of County under the following terms and conditions: t t r ~I a. ]folding Period for Dogs and Cats. City agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they ate 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 (96) hour period, the ownership of the animal shall revert to the Animal Control Center. Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control staff. b. llolding Fees kt_Impounded Dogs and Cats. For the purpose of this Agreement, City will charge Fineen dollars (SIS.00) for first day or part of a day and Five dollars (S5.00) for each subsequent day holding fee that an animal is held at the Animal Control 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 assessment of charges provided for in this Agreement. This fce 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 ate paid in full. c. lloldjgg of Ouarantine Animals. City agrees to accept and hold rabid suspects in quarantine for County when conditions permit, and such action is authorized by a representative of County. , d. holding ft es for uarantincd Animals. The holding roe for quarantined animals shall be Fifccn dollars (SI5.00) for the first day or part of a day and Five dollars (S5.00) for each subsequent day that the animal is held. c, Head Shipments and Rablcs TestinL Upon request of County, City will provide for the removal and shipment or heads of rabid suspects for clinical rabies testing l at the Texas Department or Health, The fee for this service shall be thirty-five {I dollars (533.00) for each head shipped. D. COVENANTS OF DENTON COUNTY; I. Financial Responsibilities. In order to reimburse City for its costs incurred under this Agreement, county agrees to pay for the holding fees and euthanasia fees on dogs and cats received from County or its authorized agent if the animal(s) Is not reclaimed by Ilic owner, These fees will be assessed on the following basis: f~ a. Euthartized Animal: Fifteen dollars (SI5.00) for the first day or part of a day and f ' Five dollars (55.00) for each subsequent day holding feq for each animal as determined herein, plus S15.00 euthanasia (tic. Page r r< l I M 7 b. Adopted Animal: Adopted Animal: FiReen dollars (515.00) for the first day or part of a day and Five dollars (55,00) for each subsequent day holding fee for each animal as determined herein. c. Bead Shipments: 535.00 shipping fee. 2, City will collect impound fees duly authorized by County and as specified in this paragraph from the owners of dogs and cats received from County. Impound fee monies will be applied to fees owed City by County for animals not reclaimed by the owner: IMPOUND FEE I` Impoundment - 520.00 2"u Impoundment - $30,00 3r4linpoundment - 545.00 4`h Impoundment - S70.00 3. County agrees payment shall be made within forty-rive (45) days of receipt of invoice by County. If. City agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all City's employees and agents, City's subcontractors and/or contract laborers doing work under a contract or agreement with City in performance of this Agreement with County. County agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all County's employees and agents, County's subcontractors and/or contract laborers doing work under a contract or agreement with County in performance of this Agreement with City. It is further agreed that if claim or liability shall arise from the Joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the Slate 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 SO!, of Texas. It is understood that it is not the intention of the parties hereto to create liability for L benefit of third parties, but that this Agreement shall be for the benefit of the parties hereto. III. The fact that County and City accept certain responsibilities relating to the collection end r, impounding of dogs and cats under this Agreement as part of their responsibility for providing r A, „ protection for the public health and welfare and, therefore, makes it imperative that the perfomtance of these vital services be recognized as a governmental immunity shall be, and is hereby invoked to the full extent possible under the law, Neither City nor County waives or shall be decnud hereby to waive any inununily or defense that would otherwise be available to it against the claims arising lion. the exercise of governmental functions. Page 3 r. s IV. The term of this Agreement shall be for a period of one (1) year, commencing as of October 1, 1999 and ending September 30, 2000. Thereafler, this Agreement shall be renewed for successive additional one (1) year terms commencing on October 1 of each year if County and City agree in writing on or before the first day of October to a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this Agreement upon thirty (30) days written notice to the other. V. This Agreement represents the entire and integrated agreement between City and County stud supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both City and County. VI. 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. Vil. 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 full force and 1 effect to the extent possible. Vlll. , The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and •tach 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 EXECUTED in duplicate originals this the _ dayof , 1999. CITY OF DENTON, TEXAS BY: { JACK MILLER, MAYOR A J , I , 1 1~ _ Page 4 c. a ~L ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: 14ERBERT L. PROUTY, CITY ATTORNEY BY: DENTON COUNTY, TE A sp lcll a ivG.,s KIRK IV] LSON ATTF,ST: DENTON COUN~ Al,"f hry~ "1111100" BY: t i( ltiU ' APPROVED AS TO LEGAL FORM; DISTRICT ATTORNEY BY: _ .1 ~ iA 0 f ~IhnrrddepCLGLWuI 0ocumenh`ContrK~199tDrnton County ~nirtul tonno~.doe Page 5 i t I Agenda No.- W"053 Agenda Item- Date AGENDA INFORMATION SHEET AGENDA DATE: December 7, 1999 DEPARTMENT: Utilities Administration ACM: Howard Martin, 349-8302 I SUBJECT: An ordinance authorizing the City Manager to execute a contract with Interfaith Ministries of Denton, Inc. to administer the P-L-U-S One Program; and providing for an effective date. BACKGROUND The P-L-U-S ONE Program (P-L-U-S being an acronym for -'Prevent Loss of Utility Service") has been administered by Interfaith Ministries of Denton, Inc. since October, 1998. Since this was the first year Interfaith Ministries administered the program, a one-year contract was approved by the City Council. The contract stated that the Public Utilities Board would annually set the amount of the contributions that could be used to cover administrative costs. For fiscal year 1999, the Board approved the use of not more than $4,000 of P-L-U-S ONE contributions fcr use by Interfaith Ministries to cover the administrative cost of managing the program In fiscal year 1999. In recent years, the annual contribution from utility customers has been approximately $25,000. C'ondell Garden, Executive Director of Interfaith Ministries of Denton Inc., provided a year-end report to the Public Utilities Board on November 1. 1999. This report, along with supplemental budget revenue and expenditure information, addressed the use of the P-L-U-S ONE funds to provide financial assistance to city of Fenton utility customers needing help with their utility bills. This information is attached as Exhibit I. Staff recently completed a review of the contract provisions and Interfaith Ministries management of the P-I.-U-S ONE program. Based on this review. Staff believes Interfaith Ministries is best qualif ed to administer the P-1: U-S ONE Program for the reasons listed below: I . A bilingual person (Spanish) is on staff at the agency, which enhances the agency's ability to assist custome s. 1 ~t 6 f 2. Interfaith Ministries is strongly recommended by its peers in the community assistance network. Staff received several letters of support for Interfaith Ministries from other community assistance providers. 3. Their organization mission is for a holistic approach to community assistance, which is in accordance with the spiri t of the P-L-U-S ONE Program. 4. They have strong accountability and reporting procedures. 5, They have strong networking ties to other community assistance providers. 6. The pe,centage of P-L-U-S ONE funding that is used for administrative costs is one-half the percentage of the overall Interfaith Ministries budget that covers the agency administrative costs. Staffbelicves that Interfaith Ministries' request for administrative funding is reasonable and should continue at the same $4,000 amount for fiscal year 2000. If no provision is made to cover the additional duties Waling to the administration of P-L-U-S ONE, the costs of the program will take money away from other agency assistance programs, Staff will continue to work with Interfaith Ministries to minimize the administrative costs and to explore alternate funding for the administration of the program. The P-L-U-S ONE contract, provided as Exhibit 11, has been revised so that the City can renew the contract by letter with Interfaith Ministries yearly for up to three years. It also contains the provision that the Public Utilities Board has the authority to review and determine provisions for administrative funding on an annual basis. Staff will also look for the best way to increase publicity for the program to increase utility customer contributions. RECOXMIENDATIONSt Staff recommends approval of a revised contract with Interfaith Ministries of Denton Inc, to administer the P-L-U-S ONE Program. 1 PRIOR ACTION/REVIEW (Council, Boards, Commissions); On November 15, 1999, the Public Utilities Board voted unanimously (7-0) to approve tht revised contract with Interfaith Minist lies of Denton, Inc, for administration of the P-L-U-S ONE Program. F11$CAL INFORMATION: 't, ~ fry . The Utilities Department is not affected. All funds come from utility customer contributions. . 2 k t S. I R Respectfully submitted: Earl Crews, Director FinanciaU Administrative Services Exhibit I: Interfaith Ministries Administrative Funding Detail Exhibit II: Revised P-GU-S ONE Contract with Program Guidelines I III i AA' rimunW%Vpub&cc'w99',re%ised PLUS One ermtram-cc doe I • (r t~ +t; Plus ONE Utility Assistance Report October 1,199E • September 30,1999 Summary Sheet COME. Open' ',Alsace (muter from DCCM): S 1,887.50 Plus W%k foods recelved, I0101l9E • 09130199: -24MI" Total $26.140.60 EXPENSES Direct client assistance: $ 20,402.36 Admislstntive foods expended: 4.000.00 Total $24,402.36 Account Balance 9130199: S 1,738.24 Number of families served: 171 Average Household size: 2.S3 members Average Monthly Household Income: $899,00 per mo:uh Average amount of assbtance per family: $1 19.31 E Avenge number of days from client's first contact to payment of bill: 2 days Ethalcity of Clients served: African Americen Cancaslas Hispanic Native American Not Recorded 42(25%) 91(5334) 18(1134) 1(<I%) 19(11%) 4 EXHIBIT,, IC 1 a I I i Assistance Wormat" r~.~, Arnaant Farnlliss Ar+ a a Utility, Electrio, C y of Osrdon (Not Plus One) 16,937.83 182 93.07 Utility, Etadric, City of Dwdm Pius One 20,402.38 171 119.31 Utility, E*Vlo, Coserv 2,356.86 46 61.23 Utility, Eledrk, Other 71.02 1 71.02 Utilfly, Electric, Cdy of Senper 273.00 S 54.60 Utility, E!ecle4, Texas UGlilies 5.432.32 60 _ 108.66 Utility, Gas, lime Slar Goo 4142 1 43.42 Utilty, Other_ 204,34 2 102.17 Utilty, Prepens 1,081400 13 0116 Viddy, Witter 63614 7 90,93 Utility, Phone 324.09 3 108 03 TOO 47 782.68 481 09. I I r' I 5 s it u u ` I i I I Public Utility Board Meeting November 1,1494 Points of consideration: • Member of NetpNET • Able to access 7 yr. History of Utility Assistance • All assistance entered in County wide tracking system to avoid duplication and abuse of system. • Bilingual counselor available S days per week • Multiple needs addressed (not just utilities): medical rent benefits & entitlements employment money management case management R i j i r ~ r (A n r i i II ICI I R 1999 PROJECTED OPERATING BUDGET INCOME Estimated sources of funding 1999 CATEGORY_ EXPENDITURE Church Contributions $409000.00 Business Contributions 59000.00 Foundation Contributions 159000.00 Grants, Fees, Gov't Agencies 150000.00 Individual Contributions 71300.00 Plus One Program 24,000.00 Special Events 69000.00 United Way Allocation 50,000.00 Venture Grant United Way 6,500.00 Interest Income X00.00 Total income: 5169.300.00 \ ~ fi HIV . A t lr t. 4 II I III{ I PROGRAM BUDGET 1999 (Expenditures on o•lients) CATEGORY EXPENDITURE Plus One Utility Assistance $20,000.00 Utilities Other 49,000.00 Rent and Shelter 99550.00 Child Care 49500.00 Medical 15,000.00 Eyeglasses 11500.00 Transportation 21000.00 Jobs Project 10500.00 School Supplies 3,600.00 Miscellaneous 05. 00.00 Total Program Expenses: Il$ 1.650.00 Administrative Expenses 1999 Salaries $41,712.00 Payroll Tares 3,191.00 Employee Benefits 2,112.00 Professional Pees (Audit) 19700.00 Telephone 1,100.00 Conferences, Meetings (Board Training) 15550.00 Office Supplies 14500.00 Postage and Printing 950.00 Awards and Recognition 300.00 Rent n/a Occupancy (Agency Utilities) 11035.00 ti, Insurance 29000.00 ~A, ; Office Equipment 500.00 Total Administrative Expenses 5~ 7,650.00 Total Expenses x.300.00 c!i 1id.GL VOLI SMALD DIPr LGL'Our Ducumcnu Ordnunces Mlw One Convu(doc ORDNANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH INTERFAITH MINISTRIES OF DENTON, INC. TO ADMINISTER THE P-L-U-S- ONE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton P-L-U-S-One Program allows funds to be contributed to help customers with hardships to pay their utility bills; and WHEREAS, Interfaith Ministricv of Denton, Inc, is a non-profit corporation which is well equipped to administer and distribute these funds to the proper customers and will deduct only for administrative fees when other funds are not available to cover such charges; and WHEREAS, Guidelines fir the program called P-L-U-S-One has been developed to ensure that funds will be properly accounted for and distributed; NOW THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a contract with Interfaith ;Ninisfries of Denton, Inc, in substantially the same form of the attached contract Exhibit "A": and made a part of this ordinance for all purposes. SECTION j, 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: IIER13ERT L, PROUTY, CITY ATTORNEY BY: 9 EXHIBIT 11 1 I t ~ AGREEMENT BETWEEN THE CITY OF DENTON AND INTERFAITII MINISTRIES OF DENTON, INC. This Agreement is made and entered into by and between the City of Denton, a Texts municipal corporation, acting by and through its City blanaeer, pursuant to ordinance, hereinafter referred to as CITY, and Interfaith Ministries of Denton, Inc,, P,O. Box 1744, Denton, Texas 76201, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR WHEREAS, CITY has received certain charitable contributions to help utility customers -Aho face termination of services due to financial hardship through the P-L-U-S•One Program; and WHEREAS, CITY wishes to engage CONTRACTOR to carry, out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. I. TERM This Agreement shall commence on or as of October I, 1999, and shall terminate on September 30, 2000, unless sooner terminated in accordance with Section NXII "Termination". The CITY, however, has the option to renew the contract for up to two additional one year term, upon the same terms and conditions of this contract, if the CITY's representative gives written notice to the CONTRACTOR at least 30 days before the expiration of the contract or renewal. It. RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the performance of all services and activities described in the Guidelines for the P-L-U-S•One Program attached hereto as Exhibit A, and incorporated herein by reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR's executive officer to be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by C1T Y. The CITY's Utility s Customer Scnice administrator will be CITY's representative responsible for the administration of this Agreement. r r A~ 10 1 C, t t t11. Y CITY'S OBLIGATION A Limit of Liability. CITY will on a monthly basis issue a check each month for funds, if any, in the P-L-U-S One trust account which have been contributed by citizens, to be distributed by CONTRACTOR to those utility customers who meet the criteria of the P-L-U-S One Program, D, Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY agrees that administrative costs can be recovered by CONTRACTOR from the funds subject to the limitations and provisions set forth in this Section and Section IX of this agreement. (1) The panics expressly understand and agree that CITY's obligations under this Section arc contingent upon the actual receipt of contributions from the utility customers of the CITY. If there are no contributions in the P-L-U-S One account for any month, CITY shall notify CONTRACTOR in Ariting within a reasonable time after such fact has been determined. The lack of any contributions for any particular month shall not make the CITY liable for any costs that the CONTRACTOR may incur for the administration of the P-L-U-S One program. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR for providing funds or provision of any goods or services. F COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS CONTRACTOR sliall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Donlon. Y. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. U. The person or persons signing and executing this Agreement on behalf of CON7 RACTOR, do hereby warrant and guarantee that he, she, or they have been fully A; n 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 setfonh, 1 2 it . i' C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. U. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the teens 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. 1'h PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the P-L-U-S One Program guidelines, attached hereto and incorporated herein for all purposes as Exhibit A. and in accordance with all other terms, provisions and requirements of this Agreement. No modifications or alterations may be made in the P•L-U-S One Program's guidelines without the prior written approval of the CITY, 1'll. WARRANTIES j CONTRACTOR represents and warrants that: 1. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. H. Any supporting financial statements heretofore requested by CITY artj furnished to C11Y, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, avid the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR. a U. 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. 3 t. e E, CONTRACTOR has the power to enter into this Afreemenl and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement, F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Euch of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. VIII. COVENANTS A. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not: (1) Use the funds provided for any use other than those provided for in the P-L-U-S One Program guidelines. IX. ALLOWABLE COSTS A Costs shall be considered allowable only if incurred directly and specifically in the performance of and in compliance with this Agreement. 13. CITY's prior written authorization is required rder 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) Out of town travel, (3) Any dlterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. (4) Costs or fees for temporary employees or services. (S) Any fees or payments for consultant services. A l I', \ r (G) Fees for attending out of town meetings, seminars or conferences. a 13 i Gj l+ d 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, MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of this Agreement and the 11•L-U-S One Program, and with any other applicable Federal and State regulations e<tablishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the conditions specified by CITY, C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benelit of services provided andcr this Agreement. D. Notwithstanding any other provisions of this Agreement or P-L•U-S One Program I guidelines, at any reasonable time and as oflen as CITY may deem necessary, the CONTRACTOR shall make available to, all of its records and shall permit CITY, or any of its authodicd representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, mateda s, payrolls, records of personnel, conditions or employment and all other data requested by sal,] representatives. X111 REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. Unless a wrillen exemption has been granted by the CITY, CONTRACTOR shall submit ( , the most recent yearly audit conducted by independent examiners within ten (10) days afler receipt ofsuch request. S 14 t. ~r III I XII MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's performances under this Agreement. i B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the P-L-U-S One Program guidelines which are attached hereto as Exhibit A, as well as other provisions of this Agreement. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff E. Aller each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. F. CONTRACTOR shall submit copies of any fiscal. management, or audit reports by any of CONTRACTOC's funding or regulatory bodies to CITY within five (S) working days of receipt by CONTRACTOR. XIII. DIRECTORS' MEETINGS During the terms of I Js Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Direc+ors, setting forth the time and place thci cof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the masters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings, Minutes of all meetings of CONTRACTOR's govt ming body shall be available to CITY within ten (10) working days of approval. NIV. INSURANCE i r' A. CONTRACTOR shall observe sound business prrctices with respect to providing such J bonding and insurance as would provide adequabr coverage for services offered under this Agreement. CONTRACTOR shall be allowed a reasonable time to obtain such insurance and bonding from the time of the signing of the contract. 6 _ ~s r~ t. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with CITY named as an additional insured, within a reasonable tim: of signing 'he contract. Upon request of CONTRACTOR, CITY may, at its discretion, approve alternate insurance coverage arrangements. C. CONTRACTOR will comply with applicable workers' compensation statues and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable, D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance, Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CON7'RACTOR's rites. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole, esponsibi I ily of CONTRACTOR, F. The policy or policies of insurance shall contain a clause which requiree that City and Contractor be notified in writing of any cancellation of change in the policy at least thirty (30) days prior to such change or cancellation. XV. EQUAL OPPORTUNITY A. CONTRACTOR shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. R, CONTRACTOR will furnish all information and report; requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regtilations, C. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whole or in part, and CONTRACTOR may be barred from further contracts with CITY, XVI. PERSONNEL POLICIES At Personnel policies shall be established by CONTRACTOR and shall be available for i examination. Such personnel policies shall; I I 7 . lb 1 t~ t c3 A. Be consistent with CITY's personnel policies. procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel, unless exceptions approved by CITY; and B. Be in writing and shall be approved by the ,governing body of CONTRACTOR end by CITY. XVII. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the 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 appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any 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. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any :orporati,1. 1 parnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement jr the proceeds thereof. XVIII. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephcw, niece, step-parent, step-child, half-brother and half-sister. XIX, f POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall Involve, and no portion of the funds A6 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 p ' lie office) or any activity undertaken to influence the passage, defeat or final content of legislation. 8 c B. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity, unless authorized by this contract and ordinance authorizing P-GU-S One program. XX. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. s, CONTRACTOR may not make transfer from the funds provided in this agreement to any other budget item or fund unless provided for in this Agreement and P-L-U-S One Program guidelines. C. It is understood and agreed by the parties hereto that changes in the Stale, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. D. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A Such changes shall be incorporated in a written amendment hereto, as provided 1 in Subsection A of this Section. E. CONTRACTOR agrees to notify CITY of any proposed change in physical location for , work performed under this Agreement at least thirty (30) calendar days in advance of the J change, r F. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. G. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. X.111 SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly 1 n perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice 9 1 Jl t, b may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR, The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXII may be effectuated. XX 11 TERMINATION A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this paragraph; (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section XXI (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement. (3) Finding by Cl TY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. (4) Appointment of a trustee, recei,•e, - liquidator for all or substantial part of CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. (S) The commission of an act of bankruptcy. (6) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound er rhall be bound under the terms of the Agreement. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. CONTRACTOR will refund any funds not yet distributed less any administrative cost allowed by this Agreement within 10days of termination. A B. CITY may terminate this Agreement for convenience at any time. If this Agreement is terminated by CITY for convenience. 10 19 i . ,r 1 I I ` t I j C. CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may terminate this Agreement upon the dis. olution of CONT i RACTOR s organization not occasioned by a breach of this E Agtvcment. E D. Upon receipt of notice to terminate, CONTRACTOR shall return any funds not yet distributed less any administrative costs allowed by this Agreement, within thirty (30) days of the termination, G. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR, NNII1. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of suc'.i 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), firth, corporation or other entity making such ciaim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. NN[Y. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with 1 CONTRACTOR as an independent contractor and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the perfomtance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of i action, demands, damages, losses, attorney fees, expenses, and liability arising out of the A, use of these contracted funds and program administration and Implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. Il 20 to I I i XXV. MISCELLANEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any party or parties, company or other institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever, nor shall an agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. , E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its goveming rules, codes, laws, ordinances or regulations, CITY will have the final authority to render or to secure an interpretation. F, For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties at the address set forth below: TO CITY: TO CONTRACTOR; City Manager Director City of Denton Interfaith Ministries of Denton, Inc. A, 215 E. McKinney St. P.O. Box 1744 f) r Denton, Texas 76201 Denton, Texas 76202 i 12 0 c G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction silting in Denton County, Texas. IN WITNESS OF WHICH this Agreement has been executed on this the day of 1999. CITY OF DENTON BY; MICHAEL W. JEZ, CITY MANAGER ATTEST. JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM, HERBERT L. PROUTY, CITY ATTORNEY i~ C- e 4C._ 2 II BY INTERFAITH MINISTRIES OF DENTON, 1 INC. BY; EXECUTIVE DIRECTOR ATTEST: BOARD SECRETARY S, out pocunxntsContracit,99'BLUSONE ,doc IJ i 22 I r a i 1 aoattla Ittttt+ I Date AGENDA INFORMATION SHEET i AGENDA DATE: December 7,1999 DEPARTMENT: Library System CM/DCM/ACM: Kathy DuBose, Assistant City Manager of Fiscal and Municipal Servlc4 SUBJECT: An ordinance authorizing the Mayor to enter into an lnterlocal Cooperation agreement with Denton County for library services; and providing an effective date. BACKGROUND: interlocal agreements boween the City of Denton and the County of Denton for library services have been in effect since 1985. Under the auspices of each agreement, the Denton Public Library System provides a full array of library services to all residents of Denton County, The library system will serve approximately 20,198 library users who live outside the Denton city limits this contractual year (FY 1999.2000). These Denton County residents directly },enefit from the Interlocal Agreements and receive the same library privileges as do City of Denton residents. While the level of county funding has never allowed the City of Denton to fully recover the cost of providing library services to out-of-city library users, the City has nonetheless continued 'o provide library services to County residents. , The City of Denton will receive $1.25 per capita up from the $1.20 received In FY 1998-99. The total allocation of S 129,372 based upon North Central Texas Council of Governments (NCTOG) population figures will be payable in equal quarterly installments. In addition, the County agrees to pay the city of Denton another 510,000 in matching funds, OPTIONS A. Dccid: not to accept County funding and charge out-of-city residents an annual fee to use the Denton Public Library System. B. Continue to provide full library services to residents living outside the City of Denton and develop strategies to increase the current per capita funding allocation of $1.25 the City A r, receives from the County. f 1, ~ i 4 STAFF RECOMMMATION OPTION B: i Option B. Library administrative staff recommends that we continue to provide full library services to residents living outside the City of Denton and develop strategies to increase the current per capita funding allocation of $1.25 the City receives from the County, PRIOR ACTIONMEVIEW (ConoeiL Boards. CommLsloa): The Denton City Council has entered Into an Interlocal Agreement with Denton county for library services for the past fourteen years. Under this agr ement, the City of Denton will receive approximately $119,372 for its per capita allocation and St0,000 in matching funds, for a total of $129,372. Respectfully submitted: Eva Poole Diroctor of Library Services 1 c t i ~ (i l II I M ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, both the City of Denton and Denton County are political subdivisions of the State of Texas that are authorized to enter into interlocal contracts under TEX. GOV'T CODE ch. 791 and ch. 323; and WHEREAS, the City Council deems it in the public interest to enter into this Werlocal contract with Denton County to provide library services for Denton County; NOW, THEREFORE , THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1• That the Mayor, or in his absence, the Mayor r.o Tern, is authorized to execute an Interlocal Cooperation Agreement for Library Services with Denton County substantially in the form of the contract which is attached hereto and made a part of this ordinance for all purposes. SF.C. %U. That this ordinance O.-A become effective immedbi ;ly 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, CI'T'Y ATTORNEY r' r'jfiamdJep1 L0L\0ur DmmmuOdininas 09`County Liftry Ajmftn1doe i r fi c. c~ STATE OF TEXAS, ) COUNTY OF DENTON. )ea. ) THIS AGREEMENT is made and entered into by and between DENTON COUNTY, a political subdivision of Texas, hereinafter referred to as "County," and the CITY Or DENTON, a municipality of Denton County, Texas, hereinafter referred to as "Municipality." WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton Countyt and WHEREAS, Municipality is a duly organized municipality of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of 1 Municipality] and WHEREAS, Both Municipality and County are legally authorized to perform individually the functions or services met forth in this Contract in full compliance with V.T.C.A., Local Government j Code 5791.011(e)(2); and WHEREAS, County has requested and Municipality has agreed to provide library services for all residents of Denton Cc.antyi and WHEREAS, County and Municipality mutually desire to be subject to the provisions of V.T.C.A., Government Code Chapter 791, the Interlocal Cooperation Acti and V.T.C.A., Local Government Code Chapter 323, County Libraries. DEN70N LIBRARY 1000-00 c~ r ` F t I~I ;i NOW, THEREFORE, County and Municipality, for the mutual consideration hereinafter stated, agree and understand as follows2 I. ~ The term of this agreement shall be for the period from October 1, 1999 through September 30, 2000. II. For the purposes and consideration herein stated and contemplated, Municipality shall provide library services for the residents of County without regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individual(s) of residence in Denton County, Texas, such individual(s) shall be entitled to be issued, at no coat, a library card to be used in connection with these library services. Municipality shall develop and maintain through the Library one or more of the following programs of service2 , Educational and reading incentive programs and materials for youth. Functional literacy materials and/or tutoring programs for adults. Job training/career development programs and/or materials for all ages. outreach services to eliminate barriers to library services. Educational programs designed to enhance quality of life for adults. r~ DENTON LIBRARY 1999-00 2 1 m III. County designates the County Judge to act o,i behalf of County and to serve as liaison officer for CoImty with and between County and Municipality. The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated who shall devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement, and shall provide immediate and direct supervision of County's employees, agents, contractors, sub- contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and Municipality, IV. Municipality shall designate its Director of Library j Services to act on behalf of Municipality and to serve as liaison officer of Municipality with and between Municipality and County to insure the performance of all duties and obligations of Municipality as herein stated who shall devote sufficient time and attention to the execution of said duties on behalf of Municipality in full compliance with the terms and conditions of this agreement, and, shall provide management of Municipality's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of Municipality and A, County. DENTON LIBRARY 1099-04 3 • (f i Municipality shall provide to County a copy of the annual f report submitted to the Texas State Library and shall respond to i County's annual questionnaire as documentation of expenditures and provision of service. V. The Municipality shall be solely responsible for all techniques, sequences, procedures, and means and for the coordination of all work performed under the terms and conditions of this agreement, shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the Municipality stated in this agreement and give all attention necessary for such proper supervision and direction. VI. The Municipality agrees that its library department shall assume the functions of a county library and agrees to provide a librarian who holds or secures a county librarian's certificate from the Texas State Library and Archives Commission. Local Government Code, section 323,011(b). VII. County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County0s employees, agents, sub-contractors, and/or contract laborers and for those of all other persons doing work under a contract or agreement with the County. DENTON LIBRARY IOD9-00 ~ c, i viii. The Municipality agrees and accepts full responsibility for the acts, negligence, and/or omissions of all the Municipality's employees, agents, sub-contracts, and/or contract laborers, and for thoaa of all other persons doing work under a contract or agreement with said Municipality. IX. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither Municipality nor County waives any immunity or defense that would otherwise be available to it against claims by third parties. X. Municipality understands and agrees that, the Municipality, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of County. X1. County understands and agrees that County, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of Municipality. XII. The address of County iss County Judge, Denton County 110 West Hickory Denton, Texas 76201 Telephones 940-565-8687 r / fir! I OENTON LIBRARY 100040 6 I (i {t i The address of Municipality isi City of Denton 215 East McKinne+- Denton, Texas 76201 Attention: Michael W. Jez Telephones 940-349-8307 XIII. For the full performance of the services above stated, County agrees to pay Municipality fees as described herein. County shall pay Municipality fees in the amount of $1.25 per capita totaling ONE HUNDRED NINETEEN THOUSAND THREE HUNDRED SEVENTY-TWO DOLLARS ($119,372.00) based upon North Central Texas Council of Governments population figures provided to Denton County by the Denton County Library Advisory Board, payable in equal quarterly installments to Municipality commencing October 1, 1999. In addition, the County agrees to pay Municipality an amount not to exceed TEN THOUSAND DOLLARS ($10,000) in matching funds upon the following conditions. Municipality shall attempt to secure funding from sources other than Denton County. Upon i receipt of additional funding, Municipality shall provide proof ' of the receipt of such funds to the Denton County Auditor on a quarterly basis. Denton County shall match Municipality+s additional funding in an amount not to exceed $10,000.00. Payment by County to Municipality shall be made in accordance with the normal and customary processes and business procedures of County, and payment shall be satisfied from current revenues of the County. Municipality agrees that the fees paid by the county herein fairly compensate it for the services to be d+ { performed, I DEMON LIBRARY 1999-00 t G ` t 1 i I XIV. This agreement may be terminated at any time, by either party giving sixty (60) days, advance written notice to the other party. In the event of such termination by either party, i Municipality shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should Municipality be overcompensated on a pro rata basis for all services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, then county shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. I XV. This agreement represents the entire and integrated agreement between Municipality and County 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 Municipality and County. XVI. The validity of this agreement and any of its terms or j provisions, as well as the rights And duties of the parties hereto, shall be governed by the laws of the state of Texas. Further, this agreement shall be performable and all compensation 1 A, , payable in Denton County, Texas. DENTON LIBRARY 19COM u XVII. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the patties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XVIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authority have baen duly passed and are now in full force and effect. III 1 ~ 'I I I DENTON LIBRARY MOM ~ I i r 4 t, h I Executed in duplicate originals in Denton County, Texas by the authorized representatives on this day of , 1999. COUNTY MUNICIPALITY By Kirk Wilson, County Judge gy= Jack Miller, Mayor Act;ny on behalf of and by the authority of the Commissioners Ordinance # ATTESTt ATTESTi By gyl Denton County Clerk City Secretary APPROVED AS TO FORMS APPROVED AS TO FORMi 1.LtyL , / t for Assistant District Attorney City Attorney, Herbert L, Prouty APPROVED AS TO CONTENT: Director, Library Services r DENTON LIBRARY 1909-00 p t.~ Ss Aprad~ Ilan- AGENDA INFORMATION SHEET AGENDA DATE: December 7,1999 DEPARTMENT: Fiscal & Municipal Services ACM: Kathy DuBose SUBJECT: Consider an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Parks Foundation for the payment and use of Hotel Tax revenue and providing an effective dale, BACKGROUND This application for Hotel Occupancy Tax (HOT) funds was reviewed by the HOT Committee along with others previously approved at the September 7, 1999 City Council meeting. This organization is a first time recipient. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council reviewed the allocations as recommended by Hotel Occupancy Tax Committee during the budget workshop on August 12, 1999. FISCAL. INFORMATION: Approved allocation of $ 5,000 of Hotel Occupancy Tax Funds for FY 1999-2000. Respectfully submitted: 41-7- DianaOrliz Director of Fiscal Operations r r t, c. ORDINANCE NO. I AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON PARKS FOUNDATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Parks Foundation for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made it part hereof. SECTION 1. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1999. I JACK MILLER, MAYOR ATTEST: I JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY B A r i AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON PARKS FOUNDATION ON BEHALF OF THE JUNETEENTH COMMITTEE (CY2000) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, it municipal corporation (the "CITY and the Denton Parka Foundation, a non-profit association incorporated under the laws of the State of Texas (the "FO*% NDATIOM): WHEREAS, Tex. Tax Code ¢351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax') not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%); and WHEREAS, Tex. Tax Code §331.101(a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel indusuy by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, the FOUNDATION is well equipped to perform those activities; and WHEREAS, Tex, Tax Code 435 L 101(c) authorizes the CITY to delegate by contract with the FOUNDATION, as an independent entity, the management and supervision of programs and activities of the type described hereinabove !Ended with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the FOUNDATION agree and contract as follows: 1. HOTEL TAX REVENUE PAYMENT 1,1 Consideration. For and in considerado,, of the activities to be performed by the FOUNDATION under this Agrecment, the CITY agrees to pay to the FOUNDATION a portion of the hotel tax revenue collected by the CITY at the rates and in the manner sper1t9ed herein (such payments by the CITY to the FOUNDATION sometimes herein referred to u the "agreed payments" or "hotel tax funds'). i 1.2 Amount of Payments. i (a) As used in this Agreement, the following terms shall have the following specific Ar c meanings. f 1' (i) The term "hotel tax revenue" shall mean the gross monies collected and received by the City as municipal hotel occupancy tax at the mic of seven percent (7%) of the price paid for a room in a hotel, pursuant to Texas Tax Code 3SL002 and City t 1 I r s Ordinance. Hotel tax ret enue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. (ii) The term "Collection period" will mean the collection period for the CITY's fiscal year. It will include hotel tax revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year, j (iii) The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CM.' during any relevant period of time (f e., fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The term "contract quarter" shall refer to any quarter of the cdendar year in which this Agreemenl is In force. Contract quarters will end on March 31a, June 30". September 30 , and December 31° of each contract year. (b) In return for satisfactory performance of the activities set forth in thr. Agreement and all attachments hereto, the CITY shall pay to FOUNDATION an amont of ,honey in each contract year equal to the fixed contract amount of Five Thousand Dollars ($5,000). This amount will be divided into no more than two payments. Each payment is subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reports. { 1.3 Dates of Payments. (a) The term "pa)Tnents" shall mean payments by the CITY to the FOUNDATION of erose amounts specified in 11.2, above, as determined by the hotel tax revenue collected, (b) In return for the satisfactory performance of the activities set forth in this contract and all attachments thereto, CITY shall pay the FOUNDATION the agreed payments specified in 11.2 above by no more than two payments, paying the fixed contract amount during the tst and 2nd quarter of the calendar year. If a second payment is due, that payment shall be paid upon receipt of the required reports and after the 2e day following the last day of the contract quarter, If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, the recipient may be held In breach of this Agreement The CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved, which approval shall not unreasonably be withheld. 1.4 Other Iimltations regarding consideration. (a) The funding of this project in no way commits the CITY to future funding of this program beyond the cuiTent contract period. Any future landing is solely the responsibility of the FOUNDATION. Plat 2 t h (b) It is expressly understood that this contract in noway obligates the General Fund or any other monies or credits of the CITY. (c) CITY may Mthhold f irtfrer allocations if CITY determines that FOUNDATION's expenditures deviate materially from their approved budget. 11. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in consideration of the payment by the CITY to the FOUNDATION of the agreed payments of hotel tax funds specified above, the FOUNDATION agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity as authorized by TEax. TAX CODE §351.101(a). Funds for any calendar year which are unused by midnight December 31of that year shall be refunded to CITY within thirty (30) days. 2.2 Admlaistratlve Costs. The hotel tax funds received from the CITY by the FOUNDATION may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs that w: incurred directly in the performance by the FOUNDATION of those activities specified in 12.2 J),;ve and are allowed by Tax. TAX CODE ¢331.101(0. 2.3 Specific Restrictions on Use of Funds. (a) That portion of tots! administrative costs of the FOUNDATION for which hotel tax funds may be used shall not exceed that portion of the FOUNDATION's administrative costs actually incurred In conducting the activities specified in 12.1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's Job in an efficient and professional manner. 111. RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. Ir i (a) The FOUNDATION shall prepare and submit to the City Manager of the CITY an annual budget (see Exhibit' A') as approved by tke City Council for each calendar year, for such operations of the FOUNDATION in which the Po,el tax fiords shalt be used by the FOUNDATION. This budget shall specifically Identify proposed expenditures of hotel tax funds by the FOUNDATION. In other words, the CITY sliould be able to audit specifically where the funds in the sepizate account relating to hotel tax funds will be expended. The CITY shall not pay to the FOUNDATION any hotel tax revenues as set forth in Section I of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved In writing by the Denton City Council authorizing the expenditure of funds. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 4.2. Pepe 3 r• (b) The FOUNDATION acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the FOUNDATION with respect to the hotel tax funds paid by the CITY to the FOUNDATION under this Agreement. The FOUNDATION shall expend hotel tax funds only in the manner and for the purposes specified in this Agreement, TEX. TAX CODE g351.101(a) and in the budget as approved by the CITY. 3.2 Separate Accounts. The FOUNDATION shall maintain any hotel tax funds paid to the FOUNDATION by the CITY in a separate bank account with segregated accounting, such that any reasonable person can review the source of expenditures of tax funds. A bank reconciliation report (see Exhibit "B'J is required with each quarterly report. 3.3 Financial Records. The FOUNDATION shall maintain complete and accurate financial records of each expenditure of the Wet tax funds made by the FOUNDATION. These funds are required to be classified as restricted fiords for audited financial purposes, and may not be used for supporting services, including, but not limited to, auditing fees and attorney's fees. Upon reasonably advance written request of the Denton City Councit, the City Manager or designate, or any other person, shalt make such financial records avai table for inspection and review by the party making the request. FOUNDATION understands and accepts that all such financial records, and any other records relating to this Agreement shalt be subject to the public Information Act, TEX. GOVT CODE, ch. 552, as hereafter amended. 3.4 Quarterly Reports. After initial receipt of hotel tax funds, and within thirty days after the end of every quarter thereafter. until all funds have been expended and reported to the CITY, FOUNDATION shall famish to CITY, (1) a performance report of the work performed under Oils Agreement describing the activities performed pursuant to this Agreement during that contract quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to TEX. TAX CODE 4351.101(c). Both the performance and expenditure reports will be in a forth either determined or approved by the City Manager or designate (see Exhibit "B'). The FOUNDATION shall respond promptly to any request from the City Manager of the CITY, or designate, for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The FOUNDATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of all meetings of FOUNDATION's Board of Directors, as well as any other meeting of any constituency of the FOUNDATION at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the FOUNDATION to give notice of any executive session of the Executive Committee if the FOUNDATION. IV. TERM AND TERMINATION 4.1 Term. The term of this Agreement shall commence on January 1, 2000 and terminate at .010 midnight on December 31, 2000. This term shall be a period of one year, (t;, 4.2 Termination Without Cause. i (a) This Agreement maybe Icrminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. Ae;e 4 r~ t. M (b) In the event this contract is tenninated by either party pursuant to Section 4.2(a), the CITY agrees to reimburse the FOUNDATION for any contractual obligations of the FOUNDATION undertaken by the FOUNDATION in satisfactory performance of those activities specified in 112.1 and 2.2 above and that were approved by the Council through the budget, as noted in 13.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 112.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the FOUNDATION or to assume the performance of any contractual obligations of the FOUNDATION for or under any contract entered into by the FOUNDATION as contemplated herein shall not exceed 66 28% of the current quarterly payment. (c) Further, upon termination pursuant to 14.2(a), the FOUNDATION will provide the CITY: 1) Within 10 business days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day period between termination notification and contract termination. This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within 5 business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a fatal accounting of all expenditures and tax funds on the day of termination. The FOUNDATION will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by the FOUNDATION after notification of termination Is conditioned upon such contractual obligations having been in: send and entered into in the good faith performance of those services contemplated in 2.1 and 2.L above, and further conditioned upon such contractual obligations having a tern not exceeding the full tern of this Agreement 4.3 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of any of the following events: (a) The termination of the legal existence of the FOUNDATION; (b) The insolvency of the FOUNDATION, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the FOUNDATION for the benefit of ^reditots; (c) The continuation of a breach of any of the terms or conditions of this Agreement either the CITY or the FOUNDATION for more than thirty (30) days after written notice of 1) such breach is given to the breaching party by the other party; or (d) The failure ofthe FOUNDATION to submit a financial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles Pisr 5 . i. t prior to the beginning of the next contract term, or quarterly as required by Section 1.3 hereof. 4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-temtinating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 4.5 In the evert that this Agreement is terminated pursuant to 114.3 or 4.4, FOUNDATIOI; agrees to refund any and all unused funds, or funds determines by the CITY to have been used improperly, within 30 days after termination of this Agreement. V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing in Us Agreement shall prohibit, nor be construed to prohibit, the agreement by the FOUNDATION with another private entity, person, or organization for the performance of those services described in 12.1 above. In the event that the FOUNDATION enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the FOUNDATION shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to Tex. TAX CODE ch. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. The FOUNDATION shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The FOUNDATION shall have exclusive control of its operations and performep^e of services hereunder, and such persons, entities, or organizations performing the same and the FOUNDATION shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The FOUNDATION shall not be considered a partner or joint venturer with the CITY, nor shall the FOUNDATION be considered nor in any manner hold itself out as an agent or official representative of the CITY. 5.3 Indemnification. The FOUNDATION agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever fond or character, arising out of or in connection with the performance by the FOUNDATION or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of FOUNDATION, its officers, employees, agents, subcontractors, licensees and invitees. r' A 5.4 Assignment The FOUNDATION shall not assign this Agreement without fast obtaining ( r the written "cent of the CITY. Pose 6 I t 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: 1~lTY FOUNDATION I City Manager Denton Parks Foundation City of Denton Jean Keller 215 E. McKinney 321 E. McKinney Denton, TX 76201 Denton, TX 76201 5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the FOUNDATION and their respective successors and assigns. 5.7 Application of Laws. All terns, conditions, and provisions e - is Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 5.8 Exclusive Agreement. This Agreement conta'rss the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of B ~ 8 J Us Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 5.9 Duplicate Originals. This Agreement is executed in duplicate originals. 5.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any 1 limitation, definition, or extension of the specific terms of the section and paragraph so designated. 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 5.12 Insurance. The FOUNDATION shall, at a minimum, provide insurance as follows: , $500,000 Commercial General Liability, or 51,000,000 Event Insurance, covering J any event held on City property Statutory Workers' Compensation and Employers' Liability (S I00,000/S500,000/5100,000) $500,000 Business Automobile Liability on any owned, non-owned or hired vehicles Page 7 The CITY must be named as an additional insured on all policies (except Workers' Compensation) and proof ofcoverage shall be submitted prior to any payment by the CITY. I EXECUTED this _ day of 01999. THE CITY OF DENTON, TE°.AS By. JACK MILLER, MAYOR ATTEST: APPROVED EO ORM: By. JENNIFER WALTERS, HERBERT L. PROUTY, CITY SECRETARY CITY ATTORNEY DENTON PARKS FO ATION B~ClWrmantDiredor ATTEST: APPROVED AS TO LEGAL FORM: By: BY, Secretary rwdal~taa, a~..rc>ewrcr e~..rr r~ris~ t ' I ' I Pant ! c~ I i I c' DOM* PARKS FOUNDATION RINANCUIL REPORT Pmrsm Yaw 1000 IST 2ND 3RD 4TH YEAR NVOGET QUARTER QUARTER QUARTER QUARTER Io w JAM•YA (APR •JU JUL•SEP OCT•DEC) DATE ACTUAL s0 SO so $0 SJ s0 so s0 so s0 so 65,000 0 0 0 0 0 0 s0 $0 s6 $0 so S,O(X so so so so $O so 0 0 0 a 0 0 so $0 so so s0 so so so $0 so so $0 so so $0 so so $0 so $0 so so . I I so so s0 so so so I so so so so so so fAt _ c i b afied :hVCG:ll 66.91-AON :I let 69C 066 'I*IAJ69 dmmoisn0 nvio :+I9 7um9 s 1 I i ExNbt A qk Junateenth Committee Budget Proposal Program Year 2600 i Requested ProaromfActIviN Anwunt Advertising Javteenlh CeleGatlon t e 000 Total i w C abed !AVCS :lt 66•81•nog file[ 696 096 leotnJes JrWOltnO MO :As lugs 4 it Apmdt 9 -os AW4 him_ _ Dale _ AGENDA INFORMATION SHEET AGENDA DATE: December 7,1999 DEPARTMENT: Fiscal & Municipal Services ACM: Kathy DnBosr~ SUBJECT, Consider an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Denton County for the payment and use of Hotel Tax revenue in support of the Denton County Historical Commission; and providing an effective date. BACKGROUND This Hotel Occupancy Tax (HOT) budget application is an extension of an approved HOT fund project in FY 98-99. However, the project was delayed due to weather factors. PRIOR ACTIONIREVIEW (Council, Boards, Commissions) The extension request was approved by the HOT Committee at a "Special Called" meeting on October 12, 1999. FISCAL INFORMATION: Approved allocation of $ 35,000 of Hotel Occupancy Tax Funds. These funds have been encumbered and budgeted from FY 1998-1999 HOT fund revenues. Respectfully submitted: . Diana Oriiz Diroc(or of Fiscal Operations i Fltr~ . i I I 1 t' ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE DENTON COUNTY HISTORICAL COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Tex. Tax Code §351.101(x) authorizes the City of Denton, Texaa to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity, as well as to engage in historical restoration and preservation projects and activities and advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites and museums; and WHEREAS, the County of Denton, Texas is well equipped to perform those activities by its operation ofthe Denton County Historical Commission; and WHEREAS, Tex. Tax Cale §351.10I(c) authorizes the City of Denton, Texas to delegate by contract with the County of Denton, Texas, as a governmental entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; and WHEREAS, both the City of Denton, Texas and the County of Denton, Texas have a secondary source of authority to enter into an interlocal cooperation agreement, pursuant to Chapter 791 of the Texas Government Code, as: the agreement is authorized by both governmental bodies; the agreement states the purpose, terms, rights, and duties of the contracting parties; the consideration is being paid by City of Denton, Texas out of current revenues; the compensation is fair; and the services to be performed are "museum senices" authorized under §791.003(3XF) of the Texas Government Code, which each party is authurized to perform individually; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an ayeemem between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Denton County Historical Commission, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. 1 SECTION It. That this ordinance shall become effective immediately upon its passage A, and approval. (r,- v ` L6 i c. II PASSED AND APPROVED this the day of 1999. I JACK MILLER, MAYOR A'T'TEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CI EY BY: i PAGE2 t AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS (DENTON COUNTY HISTORICAL COMMISSION) (CY2000) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY'), and County of Denton, Texas, a governmental entity existing under the laws of the State of Texas, contracting on behalf of its Denton County Historical Commission (collectively, the "DCHC'): WHEREAS, Tex. Tax Code §351.1))2 authorizes the CITY (a levy by ordinance a municipal hotel occupancy tax ("hotel tax') rH)t exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (71/o); and WHEREAS, Tex. Tax Code §351.101(x) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity, as well as to engage in historical restoration and preservation projects and activities and advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites and museums; and WHEREAS, the DCHC is well equipped to perform those activities; and WHEREAS, Tex. Tax Code §331.101(c) authorizes the CITY to delegate by contract with the DCHC, as a goventmenW entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; and WHEREAS, both CITY and DCIIC have a secondary source of authority to enter into this Agreement as an interlocaI cooperation agreement, pursuant to Chapter 791 of the Texas Govemment Code, as: the Agreement is authorized by both governmental bodies; the Agreement states the purpose, terms, rights, and duties of the contracting parties; the consideration is being paid by CITY out of current revenues; the compensation is fair, and the services to be performed are "museum senvices' authorized under §791.003(3)(F) of the Texas Government Code, which each party is authorized to perform individually, and WHEREAS, hotel tax funds having previously been allocated during FY98-99 to fiutd a similar project during CY1999, which was never completed, it is the intention of the parties that DCHC perform the same services pursuant to this agreement that it would have performed pursuant to the agreement for CY1999; and that these services be performed for the same consideration recited, but not paid, in the CY 1999 contract; and it is fiuther the intention of the parties that this agreement supersede and nullify the CY1999 contract. • )r f NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the DCHC agree and contract as follows: 1. HOTEL TAX REVENUE PAYMENT 1.1 Consideration. For and in consideration of the activities to be performed by the DCHC under this Agreement, the CITY agrees to pay to the DCHC a portion of the hotel tax revenue collected by the CITY during FY98.99 at the rates and in the manner specified herein (such payments by the CITY to the DCHC sometimes herein referred to as the "agreed payments" or "hotel tax funds'). 1.2 Amount of Payments. (a) As used in this Agreement, the following terms shall have the following specific meanings: (i) The term "hotel tax revenue" shall mean the gross monies collected and received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to Texas Tax Code 351.002 and City Ordinance. Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. (ii) The term "Collection period" will mean the collection period lb- the CITY's fiscal year 98-99. (iii) The term 'base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; I and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this Areement is in force. Contract quarters will end on March 31", June 30°i, September 3O F and December 31 ° of each contract year. (b) In return for satisfactory perfunnance of the activities set forth in this Agreement and all attachments hereto, the CITY shall pay to DCHC an amount of money in each contract year equal to the fixed contract amount of Thirty-Five Thousand Dollars ($35,000). 13 Dates of Payments. (a) CITY shall pay DCHC in a lump sum within thirty (30) days after DCHC provides CITY with written notification that it has located a suitable site for the kiln project. Page 2 i t< I 1 f 1.4 Other limitations regarding consideration. (a) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the DCHC. (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. (c) CITY may withhold further allocations if CITY determines that DCHC's expenditures deviate materially from their approved budget. ti. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in considerafon of fie payment by the CITY to the DCHC of the agreed payments of hotel tax funds specified above, the DCHC agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity, as well as W engage in historical restoration and preservation projects and activities and advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites and museums, as authorized by TEX. TAX CODE §351.101(ax3) and (ax5)• Funds for any calendar year which are unused by midnight December 31" of that year shall be rounded to CITY within thirty (30) days. 2.2 Administrative Costs. The hotel tax funds received from the CITY by Cie DCHC may be spent for day-today operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the DCHC of those activities specified in'2.1 above and are allowed by TEX. TAX CODE §351.101(f). 2.3 Specific Restrictions on Use of Funds. (a) That portion or total administrative costs of the DCHC for which hotel tax funds may be used shall not exceed that portion of the DCHC's administrative costs actually incurred in conducting the activities specified in 12.1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose orwhich is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the, person's job in an efficient and professional manner. 111. RECORDKEEPING AND REPORTING REQUIREMENTS r 3.1 Budget. (1',-~ (a) The DCHC shall prepare and submit to the City Manager of the CITY an annual budget (see Exhibit "A') as approved by the City Council for each calendar year, for such operations of the DCHC in which the hotel tax funds shall be used by the DCHC. This budget shall specifically identify proposed expenditures orhotel tax funds by the DCHC. In otter words, the CITY should Post 3 l { t l I be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the DCHC any hotel tax revenues as set forth in Section I of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 4.2. l Ik (b) The DCHC acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the DCHC with respect to the hotel tax funds paid by the CITY to the DCHC under this Agreement. The DCHC shall expend hotel tax funds only in the manner and fo- the purposes specified in this Agreement, TEX. Talc CODE §351.101(a) and in the budget as approved by the CITY. 3.3 Separate Accounts. The DCHC shall maintain any hotel tax funds paid to the DCHC by the CITY in a separate bank account with segregated accounting, such that any reasonable person can review the source of expenditures of tare funds. A bank reconciliation report (see Exhibit "B') is required with each quarterly report, 3.3 Fluarclal Records. The DCHC shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the DCHC. These funds are required to be classified as restricted funds for audited financial purposes, and may not be used for supporting services, including, but not limited to, auditing fees and attorney's fees. Upon reasonably advance "mitten request of the Denton City Ccwtcil, the City Manager or designate, or any other person, shall make such financial records available for inspection and review by the party making the request. DCHC understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Public information Act, TEX. GOVT CODE, eh. 552, as hereafter amended. 3.4 Quarterly Reports. Within thirty days after the end of every contract quarter, DCHC shall furnish to CITY: (1) a performance rW-4 of the work performed under this Agreement descnbing the activities performed pursuant tot Agreement during that contract quarter, and (2) a list of the expenditures made with regard to hotel lax funds pursuant to TEX. TAX CODE 0351.101(c). Both the performance and expenditure reports will be in a form either determined or approved by the City Manager or designate (see Exhibit "B'). The DCHC shall respond promptly to any request from the City Manager of the CITY, or designate, for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings The DCHC shall give the City Manager of the CITY reasonable advance "Titters notice of the time and place of all meetings of DCHC's Board of Directors, as well as any other meeting of any constituency of the DCHC at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the rr A DCHC to give notice of any executive session orthe Executive Committee of the DCHC. ! f ` IV. TFRM AND TERMINATION 4.1 Term. The term of this Agreement shall commence on January 1, 2000 and temti',ete at midnight on December 31, 2000. This term shall be a period of one year. Page 4 1 1, I 4.2 Termination Without Cause. (a) This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. (b) In the event this contract is terminated by either party pursuant to Section 4.2(a), the CITY agrees to reimburse the DCHC for any contractual obligations of the DCHC undertaken by the DCHC in satisfactory performance of those activities specified in 112.1 and 2.2 above and that were approved by the Council through the budget, as noted in 13.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 192.1 and 2,2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the DCHC or to assume the performance of any contractual obligations of the DCHC for or under any contract entered into by the DCHC as contemplated herein shall not exceed 66 213% of the current quarterly payment. (c) Further, upon termination pursuant to 14,2(a), the DCHC will provide the CITY: 1) Within 10 business days from the termination notiftcatior, a short-term budget of probable expenditures for the remaining 60 day period between tenuination notification and contract termination. This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within S business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tax funds on the day ' of !ermination. The DCHC will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by the DCHC after notification of tetmination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 2.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 4.3 Automatic Termination. This Agreement shall automatically terminate upon tho occurrence of any of the following events; (a) The termination of the legal existence of the DCHC; (b) The insolvency of the DCHC, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the DCHC for the benefit of creditors; (c) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the DCHC for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or III Page t t i (d) The failure of the DCHC to submit a financial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term, or quarterly as required by Section 1.3 hereof. 4.4 Rlght to Immediate Termination Upon Litigation, Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concemdng the activities of the non•tenninating party, and the terminating parry reasonably believes that such activities are required or prohibited under this Agreement. 4.5 In the event that this Agreement is terminated pursuant to 994.3 or 4.4, DCHC agrees to refun 1 any and all unused funds, or funds determined by the CITY to have been used improperly, within 30 days afier termination of this Agreement. V. GENERAL PROVISIONS 5.1 Subcontract for Performance or sen ices. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the DCHC with another private entity, person, or organi- zation for the performance of those services described in 12.1 above. In the event that the DCHC enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the DCHC shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE ch. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure ofthe agreed payments and hotel tax funds. 5.1 Independent Contractor. The DCHC shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The DCHC shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the DCHC shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The DCHC shall not be considered a partner or joint venturer with the CITY, nor shall the DCHC be considered nor in any manner hold itself out as an agent or official representative of the CITY. 5.3 Indemnification. To the extent authorized by law, the DCHC agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever bind or character, arising out of or in connection with the performance by the DCHC or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of i DCHC, its officers, employees, agents, subcontractors, licensees and invitees. A, , 5.4 Assignment. The DCHC shall not assign this Agreement without first obtaining the wdtt.n consent of the CITY. Page 6 MOM t I i T 5.5 Notice. , v • notice required to be given under this Agreement or any statute, ordinance, or regulation, shall. -fiecf ve when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: S:iZY 2= City Manager Denton County Historical Commission City of Denton Courthouse-On-The-Square 215 E. McKinney Dr. Mary Evelyn Blagg-Huey Denton, TX 76201 110 W. Hickory St. Denton, Texas 76201 5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the DCHC and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 5.8 Exctusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions, 5.9 Duplicate Originals. This Agreement is executed in duplicate originals. , 5.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 5.12 Supersedure. The parties agree that this Agreement replaces and supersedes in all material , i respects the mutual obligations of the respective parties, as expressed in a similar contract for A, CY1999, executed on December S, 1998. EXECUTED this day of 11999. Page 7 L 1 j ` h i i THE CITY OF DENTON, TEXAS By. JACK MILLER, MAYOR ATTEST: APPRO 6AI.~ By: r B JENNIFER WALTERS, , CITY SECRETARY CITY ATTORNEY DENTON CO , TEXAS By; ~ COUNTY JUDGE ATTEST: APPROVED AS TO LEGAL FORM: By: By. Socrotary DISTRICT ATTORNEY E I Page 8 n r r. Denton Cty Mist. Comm. - KIIn NOT Compm orm FYA6!! Ad"d A~ridlala~y Ad fimddwp skate" KM m0wivlo 6,600 Labor 20,600 Pottery Shad MOWWS 3,200 Labor 6,000 36.000 AdmtttAmudsn drat Tote) Jd~000 36,900 r i 0 i g e6ed 'NY£9I11 60.01-AGN 'flu 64£ 046 !$0JAUIy uomOlotlo lino :AB lue8 G i . t I V AP114 No._IY-. 0 Apgal 110M Date / _ AGENDA INFORMATION SHEET AGENDA DATE: December 7,1999 DEPARTMENT: Human Resources ACM: Kathy Du Bose SUBJECT An ordinance authorizing an increase to the rate of contribution to the City of Denton fire fighters retirement system by the City; and establishing an effective date for the ordinance. BACKGROUND The FY 1999/2000 budget includes a (ire pension contribution rate increase by the City from 9 percent to 10 percent effective January 1, 2000. RECOMMENDATIONS: The City of Denton staff recommends approval of this ordinance. PRIOR ACTION/REVIEW (Couoc I Boards Commissions) The cost to increase the city's contribution rate to the fire pension from 9 percent to 10 percent was included with the FY 1999/2000 budget. The budget was presented to council for review, , budget discussions were held and the budget has been adopted prior to this date. KCAL INFORMATION The general fund cost to increase the city's contribution rate to the fire pension from 9 percent to 10 percent is $42,075. This costs has been included in the FY 1999/2000 budget. EXHIBITS Ordinance Respectfully submitted: i' i taro ne Director of Human Resources i i• t t a S:XM Doan 00iddtnoaa\99Vimfly M mi n<nmt da r ORDINANCE NO. AN ORDINANCE AUTHORIZING AN INCREASE TO THE RATE OF CONTRIBUTION TO THE CITY OF DENTON FIRE FIGHTERS RETIREMENT SYSTEM BY THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. WHEREAS, the Board of Trustees (Pension Board) of the City of Denton Fire Fighter Retirement System and Trust Fund (Pension Fund) has requested that the contribution made by the City of Denton be increased to 10°/. from 9%; and WHEREAS, the change of the employer contribution to 101/6 requires approval by ; ordinance (Tex. Rev. Civ, Star. Ana art 6243, Sec. 29(b) (Vemon Supp. 1999)); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT[ N 1. That the rate of contribution to the City of Denton Fire Fighter Retirement System and Trust Fund by the City of Denton shall be at the rate of 100/9 of the total compensation paid to participating employees. The rata shall be 10'/. of the average compensation of department employees if system has complied with Tex. Rev. Civ, Stat. Ann. an. 6243 e, Sec. 29(d) (Vernon Supp. 1999). I SECTION Z. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall he and become elTective on the 1 ° day of January, 2000. PASSED AIM APPROVED this the day of .1999. • i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: l~HERBERT L. PROUTY, CITY ATTORNEY By: 6 k-- l r' (1 i ApettdtlNa~ 9'0x3 Aga* Item L& Date._ _C AGENDA INFORMATION SHEET AGENDA DATE: December 07, 1999 DEPARTMENT: Utility Administration ACM: Howard Martin, 349.8232 TN- SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND NATIONWIDE HOUSING SYSTEMS FOR RF.IMBURSMENT OF THE COSTS OF BUILDING A WATER MAIN, THROUGH PRORATA CHARGES PAID TO THE CITY AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The developer, Nationwide Housing Systems, Inc. has developed a property along 1-33. (See Exhibit L) There was no on-site water line available to provide water service for this development. The nearest water line was 1,613 linear feet from this development. The developer extended an 8-inch water line the cost for which was $27.90 per linear foot. The off- site portion of the water line abuts the tracks that are not currently developed. The developer has requested City to approve the pro-rata agreement so that any development along the off-site portion of water line connecting to this water line pay the pro-rata amount for developer to recover his cost for extending the water line. \ OPTIONS: None LFCOMMENDATIONS: According to City of Denton sub-division and land development regulations, when a developer extends water or wastewater facilities to provide service, the developer shall be entitled to reimbursement of the cost of such facilities from pro-rata charges paid by person connecting to or making use of such facilities to serve their property. Staff recommends approval for the pro- rata agreement. I r, PRIOR ACTIONIMIEW (COUNCIL. BOARDS. COMMISSION] Pro-rata reimbursement agreement approved by PUB on August 09,1999. ESTIMATED SCHEDULE OF PROJECT: The project is already complete and the water line is in service. FISCAL INFORMATION: None, BID INFORMATION: None. MAP: Exhibit I Respectfully submitted: Tim Fisher Assistant Director Water Utilities I Pre pared by: _l~Tl e~ - P.S. Arcra Engineering Administrator Exhibit 1: Location Map A Exhibit 11: Payment Invoice Attachment 1: Pro-rata Agreement f 2 ~ ~I L ~t M Exhibit 1: Location Map Exhibit 11: Cost Estimate Exhibit III: FY 2000 CIP Data Sheet (Oversize Water Lines) Exhibit IV: FY 2000 CIP Data Sheet (Capital Construction Reserve) t ~ 3 V c, LOCATION MAP NATIONWIDE HOUSING 8" WATER LINE N A PROJECT LOCATION ~ r 10 OE HOUSING , 1613 LINT FEET dFZ 80 WAIMIR LINE 1x v a a EXHIBIT I `i C~ t MILLIGAN PLUMBING COMPANY 442 Polly Ro.d • sunnvvde, TX 75192 1 y Tetsphon! (972) 2261063 Ucense sy9043 N! 2857 Nr i as" IN AV tT i Netw. SMfq IMNI AM. De f►Tldp ► ! AY wwr r~ i bo- a 1 1 I I 1 t 1 tc f M A TlA41L (J LAS" I~ EXHIBIT 11 it c. c I ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND NATIONWIDE HOUSING SYSTEMS FOR REIMBURSEMENT OF THE COSTS OF BUILDING A WATER MAIN, THROUGH PRORATA CHARGES PAID 10 THE CITY; AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas requires that the development owned by Nationwide Housing Systems, Inc. ("Developer") commonly referred to as that real property situated at 4001 South 1.35E (as more particularly depicted in Exhibit I, attached hereto and incorporated herein by reference) located in the City of Denton, Texas or its extraterritorial jurisdiction; and said Developer is required to provide such real property with adequate water sen ice by designing, constructing, and installing a water main; and WHEREAS THE City of Denton may lawfully reimburse the Developer for the costs of the water main installation by the Developer based upon prorata charges paid to the City by persons connecting to the water main pursuant to Code of Ordinances of the City of Denton, Texas §34.118 (b)(3); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the City Manager is authorized to execute a Water Main Prorata , Reimbursement Agreement Between the City of Denton and Nationwide Horsing Systems, Inc. ("Agreement") to provide for the prorata reimbursement for t:ie design, construction, and installation of One Thousand Six Hundred Thirteen (1613') linear feet of eight (g') inch off-site water main, substantially in the form of the attached Agreement, whlch is incorporated herewith by reference and made a part of this Ordinana for all purposes; subjw however, to Developer, Nationwide Housing Systems, Inc. entering Into a Development Contract with the City of Denton, in accordance with Chapter 34 of the Code of Ordinances of the City of Denton, Texas. SECTION H. That the City Manager is hereby authorized to make such expenditures and transfers of funds under such conditions as are set forth in the attached 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, MAYOR 8 I ATTEST: 1ENNIFFR WALTERS, CITY SECRETARY I By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By I I 1 ~ S Ou Document'OrAmmccV99lW@te Mon Pronto Mn-! Ord • Nomode doc 7 Il t i WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN BETWEEN TIIE CITY OF DENTON AND NATIONWIDE HOUSING SYSTEMS, INC. WIIEREAS, Nalionwlde Ilousirg Systems, Inc. ("Developer"), whose business address Is 8035 East R. L, Thornton, Suit: 250, balsas, Texas 75228, desires to develop and improve certain real property commonly referred to as 4001 South 1.35E (as more particularly depicted in Exh'„it 1, dttached hereto and incorporated herein by reference) located In the city of Denton, Texas or its extraterritorial jurisdiction, and Developer Is required to provide such real properly with adequate water service by designing, constructing, and installing a water main; and WIIEREAS, the city of Denton, Texas ("City) is a municipal corporation located at 215 East McKinney, Denton. Texas 76201; and in accordance with Section 34.118 (b)(3) of the City of Denton Code of Ordinances, may reimburse Developer for the costs orlhe water main designed, constructed, and installed by Dcvclopcr based upon prorala charges paid to [lie City by persons connecting to the water main; NOW, TIIEREFORE, in consideration of their mulual promises, Developer and City do hereby AGREE as follows; I. hevcloper has designed, constructed, and installed an eight inch (8") off-site water main and rill necessary appurtenances thereto, extending a total distance of sixteen hundred and thin en (1613') feel (the "Facilities") localeid as shown on Exhibit 11, attached hcre(o and incorporated herein by reference. This offske water maln shall be subject to prorala reimbursement to the Developer in accordance with this Agreement. i 2. Prior to beginning construction of the Facilities, Developer shall obtain, at Devclopcr's sole cost and expense nll necessary penni(s, licenses, and easements. If cascmcnts are needed, the :4^rds therefor obtained by Developer shall be reviewed grid upproved as to form and substance by [lie City prior to the beginning of construction. if Dcvclopcr is unable to acquire needed easements, Developer shall provide City with any requested documentation of its efforts to oblaln such casements, including evidence of negotiations and reasonable offers made to the affected properly owners, Any casements for the Facilities obta;ncd by the Dcvclopcr shall be nssigned to City, if not taken in City's name, prior to acceptance of the Facilities, and Developer warrants clear tide to such casements and will defend City ng:,btsl any adverse claim made against such tilie, 3. 7hc actual cost of the design, construction and installation or the Facilitics subject to prorala reimbursement is Forly Five thousand ($45,000) Dollars, or $27,90 per linear foot for sixteen hundred and thirteen (1613') feet ofoff-sile Facilities. i A. 4. Wilhin thirty (30) drys of the acceptance of the facilities by the City, Developer shall submit to the Cily'r Assistant City (vfanager for Utilities, the actual cost of f ! the Facilitics. To determine the acl,ial cost of (he f ncihties, the city shall have the right to inspecl ally and all ,curds of Developer, his agents, employees, contractors, or subcontractors and shall have the right to require Developer to submit any necessary informalion, documents, invoices, receipts or other records to verify the actual cost of the ATTACHMENT I c, Facilities, r 'rhc Fac Assistant City Manager Executive Director for Ulililies shall review and verify the actual cost of the Fnclljt; s and certify the allowable reimbursable cost and the dale the Facilities were accepted, which certificate shall be attached hereto and be incorporated herein by reference, 3. Alter title to the Facilities have vested in the City, the City shall collect a prorata charge from any person connecting to the off-site facilities in accordance with the provisions of the Code of Ordinances of the city of Denton. Within thirty (30) days of tite receipt of prorula charges the City shall transfer such amount collected to Developer, 6. The City shall transfer to Developer prorata charges collected for a period of lino of twenty (10) years from the date the Facilities are accepted by City, ar specified herein; but shall not transfer or reimburse to the Developer an amount of funds in excess of the certified cost of the Facilities. 7. The parties hereto recognize that the Facilities subject to this Agreement are necessary to provide water service to the Developer's property. The prorata charges to be collected and transferred to Dcvctopcr shall be based on the tcmts of this Agreement, as though the Facilities subject to this Agrecmcnl were installed. S. The prorata charges to be collected by the City and thereafter transferred to Developer in accordance with the ordinances of the City and this Agreement ate intended to reimburse the Developer for the Developer's cost of the Facilities by requiring persons connecting who benefit thereby, to participate in the cost of the Facilities. This Agreement shall not be considered to impose any obligation or liability upon the City to pay for the Facilities from its general revenues, bond funds or any other revenues it may receive, except t for those prorala funds received from persons connecting to such Facilities. 9• Should any court of competent jurisdiction detemtine [flat all or part of the Cily s ordinance on which the prorata charges to be paid to Developer under this Agrecmcnl are based are found to be unlawful or invalid, the City may cease to charge or collect the prorala charges for connection to the Facilities and will have no further obligation hereunder. 10, All notices, payments or comlaunications to be given or made pursuant to this hereto ' sall be set to I oveuandttoyllie Assistant City Manager forttU t ti csv for the City at business the address address p osidcd ahovc. 11. ]he Developer shall indemnify and agrees to hold tale City harmless from any and all claims, damages, loss or liability of any kind whatsoev'cr, by reason of Injury to 1 property or person occasloncd by any act or omission, neglect or wrongdoing of Developer, 1 r i its officers, agents, employees, invitees, contractors or other persons with regard to the A performance of (his Agreement, and Developer will, at its own cost and expense, defend and f I \ protect the City against any and all such claims and demands, 11, this instrument embodies the whole Agreement of the parties hereto and there nre no promises, Icmus, conditions, or obligations other than those eonlained herein. This 1 a Agreement shall supersede all previous communicalions, understandings, representations or ' agreements, either verbal or written, between The parties hereto regarding the subject matter of this Agreement 13, Developer shall not assign this Agreement without the express written consent of the City, 14. Any and all suits for any breach of this Agreement, or any other suit pertaining to arising out of this Agreement, shall be brought and maintained in the court of competent jurisdiction in Denton County, Texas. This Agreement shall be governed by, and construed in accordance with the laws of the state of Texas. IS. This Agreement shall be effective for a period of twenty (20) years from the date the Facilities are accepted by City or until Developer has been paid all allowable reimbursable prorala charges for The Facilities, whichever occurs first; provided, however, should Developer begin substantial construction of the Facilities within one (1) year from the date of execution of this Agreement, this Agreement shall terminate. EXLCUTED this the day of 1999. CITY OF DENTON, TEXAS By: MICHAEL W. JEL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ` I IERBERT L. fPROUTY, CITY ATTORNEY I By: li4-' ,DEVELOPER„ NATIONWIDE 110 SING SYSTEMS, INC. ' i cBy: v✓e r .tree ATTEST, By: ~i 510ur bncutr ouTontrKU1 1Wtler bllin proms Re In* 4MM • Ntlinnwide I Wilni dne r 1 / r i i LOCATION MAP NATIONWIDE HOUSING 8" WATER LINE N PROJECT LOCATION )CKRUS PAGE RO, re ! t FACILITIES ION nr): MOUSING 1613 LINIE FEET OF 8" WAi LINt " UUU rq 1 , rr r;r 1 ~ 1 I1~j11'!i'~ ~ff1T ' r , EXHIBIT I it 11 I Apet►drt No._ 4,17 Agenda Ibm Ogle 99 AGENDA INFORMATION SHEET AGENDA DATE: December 07, 1999 DEPARTMENT: Utility Administration ACM: Howard Martin, 349.8232 SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND PFS DEVELOPMENT, INC. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF A WATER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZINO TUE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. BACKG ROl M PFS Development, Inc, is extending approximately 1,280 linear feet of water line along Milam Rd. to provide service to Milani Creek Ranch development. (Sec Exhibit I.) The development requires an 8-inch water line to serve their property. City of Denton distribution system master plan upgrade analysis that is being updated by Alan Plummer & Associates showsl2-inch along Milam Road will be needed to serve this area. Our participation in oversize of this waterline will alloy: the City of Denton to provide water service to other undeveloped acreage other than this ' development that will be developed in future which lies in City of Denton's CCN•area. OP1 IONS: Funds are available for ovcrsizing of the waterline, Installing an 8-inch water line now will limit the area of service and will require City to install a parallel line to the 8-inch water line with 12. inch for any potential future growth, 1 I RECOMMENDATIONS: The developer has suhmitted a request for oversize participation based on engineer's estimate, (Exhibit 11.) This amount has been examined by staff and found to be reasonable. A# . Staff recommends City's participation in oversize agreement with PFS development. I~ 1 I I PRIOR ACTIONI RE'IEW (COUNCIL, BOARDS. COMM1SSIgm Oversize agreement approved by PUB on August 09, 1999. ESTIMATED SCHEDULE OF PROJECTS The project is schedul^.d for completion by the end of September 1999. FISCAL INFORMATIONS There is 5100,000 allocated in bonds every fiscal year for City to participate In water line oversize agreement. Whctt a developer extends water or sewer lines into an area, the developer is required by the City's Code of Ordinance to Install water and sewer lines ofaufficldnt size to serve the new area. A copy of the FY 1999 CIP sheet is attached. BID INFORMATION: MAE, Exhibit I Respectfully submitted: Tim Fisher ' Assistant Director Water Utilities Prepared by: P.~ , AroS rarW'cJ Engineering Administrator Exhibit 1: Location Map Exhibit 11; Engineer's Cosl Estimate Exhibit III: FY 99 CIP Data Sheet A , Attachment I: Oversize Agrecmenl ! t'" 2 A LOCATION MAP N MILAM CREEK WATER LINE A ~ g, Jid 1180 L F. OF 12' WATER LINE\ , MILAM RD EAST'. i, MILAM CREEK RANCH DEVELOPMENT E ~ ■xiaTlNa ,I~' _WATER LI149 GANZER AD 8 1 I llii L... .ti IP 90 3 EXHIBIT I c tAS F~ s YSTF PUBLIC WATER MAIN EXTENSION ALONG MILAM ROAD Denton County, Tama Engineers quantity estimate for public impfovemenb Unit WATER DISTRIBUTION ouent Units v 0-0- PVC wetw rnNn V W*W m 1 'xa 1 i e red ' oats Valve 1 ' • 1 x N 1 le, w e s x 6' TN 1 Elydi Fire Hydrant (coanplele W e' )(64 Tee, 6' 6610 VINe, b~oeJUn oraln a 1 41o d6 s Each r endV swum releae VOW 1 e n u (PIMA) 1 rn up oh 2. r 1 I$WIN o0mp eM. vM tap, stop, ' Type K eoppM Ned, wre stop ed aM16r assn) 64Jy" to Ciao U Iona"01") 12 Eeoh OA ; I p E • t MIT 1 .3 -AMP I 1 i E. JIM 11 t 1 TNe 8W shd NdIAe ea rr06se4/y ta6w ESTIMATED TOTAL, NOTE: t..F. a War f"' I.P. 8 square (to, a L's. lump awn. I A~ ~ p 4 EXHIBIT 11 PUBLIC WATER MAIN EXTENSION ALONG MILAM ROAD Denton County. Texas Engineer's "Nity eetimste for pubtio improvements. WATER DISTRI& ON Unit nts A 2. wow Ma"' so ~ le At ~2'x4S ~r Oaft Vfht e tP cs t Each Me Valve x e' of 1 sets ' Fire Hydrtnt (COTOIMs Wr h x 6' Tee, V "a VAN$. local drNn l ulsd to reds S . art, And VSCWT MWM VAM$ . ca t Etcle aNVfa ( MM oerp, stop. TYPE K W M IM. &A leap Mid * ew) *NW to prede: bors) 12 960 Cie& tOt ZOO f 1 Ebah too IL t t ' t I The iM sMS M61110 d esesssry fanltt& EBTIMAM TOTAL: OA2_1 p NOTT: LF. ■ WXW ROM, S.F.. Mon fast 6 LS. s Nnb hue. Engineering Design Services (revise construction ' Plans to incorporate 12" dlasaeter main instead of S" diameter along ?files Road). + 919.20 ~ TOTAL REQUESTED FOR OVEUSILE REIMBURSEMENT a S 133,059.20 ~r 5 r ~ 1 I i i II l ' +nr +rit,,irnv~cr,lt:ivr rrtwc'.., 999-0461-u1 FROJ TITLE; (0) OVERSIZE WATERLINES ESTIMATED COST: $100 (x 1000) i GROUP ASSIGNMENT: 6 DESCRIPTION: Morey aliOCaMd to pay the diMerenca In eoMtrucl)oo coat of increasing a waterline size from the minimum required design size indicated in the subdivision regulations to a larger diameter line size needed in the future for increased growth In an undeveloped area and comply with Master Plan. PURPOSE: Subd)vlslon regulations specify the minimum required wal rline for new development based on projected usage of a newly Platted area. Outing Develop mi. Revbw, the City will agree to pay lot additlonal coats to Increase the Developer's minimum required waterline size to meet Increased demand for water due to hrlure growth of new subdivlslons end businesses in an undeveloped area. BOND REVCUMAIC OTHER TOTAL BOND C REV PAINC OTHER TOTAL TOTAL 1 ST YR 6100 SD 10 s0 Q100 Opp 0 60 10 TOTAL 2NO YR 0 0 0 0 $100 TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 $0 DRANO TOTAL 5100 60 10 0 0 00 so 6100 1100 60 60 10 6100 ENCUMBRANCE DATES: Encumbered se spenL PHASE DATE AMOUNT OBdECTO am Pod C*nebuedm ~ AB BKNT 1100 9138 ENCUMBRANCE T07AL 1100 COMMENTS; r I W7/28 16:16 P s EXHIBIT III r• t!: i i ORDINANCE NO. I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND PFS DEVELOPMENT, INC. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF A WATER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City desires to participate in the cost of oversizing a water main to be designed, installed, and constricted by PFS Development, Inc. in an amount not to exceed Thirty Six Thousand One Hundred Seventy Nine Dollars and Twenty Cents (536,179.20), in accordance with §34-118(bx2) of the Code of Ordinances of the City of Denton, Texas and TEX. LOC. GOVT. CODE §212.072; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I, That the City Manager is authorized to execute a Water Main Cost Participation Agreement Between tb.e City of Denton and PFS Development, Inc, fur the oversizing of approximately 2,280 feet of eight (8') inch water main to a twelve (12") inch water main; substantially in the form of the attached Agreement, which Is incorporated and made a part of phis ordinance for all purposes; subject to PFS Development, Inc., entering into a Development Contract with the City of Denton, in accordance with Chapter 34 of the Code of Ordinances of the City of Denton, Texas. SECTION If. That the City Manager is hereby authorized to make the expenditures as set forth in the attached Agreement. i SECTION Ill. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY ~ A V By: 7 v c~ .I i i f I f APPROVED AS TO LEGAL FORM: HERBERT L. PROM, CITY ATTORNEY By: S 10ur Dxumrots`. IflaKe$MWS Develup Weer Main Cat PmWip A jM ad doe I li I i I C 1 THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT COUNTY OF DENTON § BETWEEN THE CITY OF DENTON AND PFS Development, Inc. WHEREAS, PFS Development inc. hereafter referred to as "Developer." whose business address Is P.O. Box 685 Denton, TX 76202 wishes to develop and improve certain real property named Milam Creek Ranch (as shown In Exhibit 1, attached hereto and Incorporated herein by reference), located In the City of Denton Texas or its extraterritorial jurisdiction, and is required to provide such property with, adequate collection capacity by designing, constructing and Installing a water fine of an Inside diameter of eight inches (8"), hereafter referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as "City,' In accordance with its ordinances, wishes to participate in the cost of the construction and Installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein. Developer and City agree as follows: 1. Developer shad design, Install and construct approximately 2,280 feet 12 inch water maln and all necessary appurtenances thereto, hereafter shown on Exhibit I, attached hereto and Incorporated herein by reference. 2. As required by Chapter 34 of the Code of Ordinances of City of Denton, i Texas, Developer has entered into a Development Contract prior to beglnning construction of the oversized facilities, This Development Contract is attached hereto as exhibit II and Incorporated herein by reference. This Agreement is subject to and governed by this Development Contract and any other applicable ordinances of City, 3. Prior to beginning construction of the oversized facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. The easements, deeds and plats therefor obtained by Developer shag be reviewed and approved as to form and substance by City prior to the beginning or construction. If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners. Any easements for the oversized facilities obtalned by the A Developer shall be assigned to City, if not taken In City's name, prior to acceptance / j' of the oversized facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title, WATER MAIN PARTICIPATION AGREEMENT - PF9 Development Inc. PAGE 1 9 ATTACHMENT I ~ j i ~ i I 4. City's share in the cost of the oversized facilities. Based upon the + difference in the cost of Installing required facilities, as determined by City, and the ! cost of the oversized facilities. as determined by City. shall be in an amount not to exceed Thirty Six thousand one hundred seventy nine dollars and twenty cents ($36,179.20) City may elect one of the following methods to determine City's share of the cost: a). Developer shall prepare plans and specifications and furnish them to City. City shall competitively bid the required line and the oversized facilities in accordance with Chapter 252 of the Texas Local Government Code. The difference In the bids shall be used to determine City's share, subject to City's maximum participation in cost as specified In this Agreement: or b) Developer shall prepare plans and specifications and take bids on the required line and the oversized facilities. City shall pay Developer the least amount of the following: (1) The difference In the bids for the required line and the oversized facilities; (2) Thirty percent of the bid on the oversized as provided for In §212.072 of the Texas Local Government Code: or (3) $36,179.20, the maximum participation cost allowed herein. City shall not in any case, be liable for any additional cost because of delays In beginning, continuing or completing construction: changes In the price or cost of materials, supplies, or Tabor: unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions: differences In the calculated and aclua► per linear feet of pipe or mafodals needed for the overslzed facilities: Developer's decision as to the contractors or subcontractors used to perform the 1 work; or any other reason or cause, specified or unspecified, relating to the construction of Ile oversized facilities. 5. The City will lake monthly payments for its share of the oversize facilities. The Developer shall submit monthly pay request on forms provided by the City. The developers engineer shall verify that the pay request is correct. The request along with the engineer's verification shall be submitted to the Engineering & Transportation Department of the City. The City will retain 10% of the total dollar amount until the project Is accepted. Payment by the City to the Developer will be made within thirty (30) days of receipt of the pay estimate and the engineer's verification. 10 WATER MAIN PARTICIPATION AGREEMENT - PF9 Oovolopmont INC. PAGE 2 i 6. To determine the actual cost of the oversized facilities. City shall have the right to Inspect any and all records of Developer his agents, employees, contractors or subcontractors and shall have the right to require Developer to summit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the oversized facilities. 7. All notices, payments or communications to be given or made pursuant to this agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Director of Utilities for City at 'the address given above. S. Developer shall Indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of Injury to properly or person occasioned by any act or omission, neglecl or wrongdoing of Developer, its officers, agents, employees, Invitee, contractors or other persons with regard to the performance of this agreement, and Developer will, at Its own cost and expense, defend and protect City against any and all such claims ,and demands. 9. If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of execution or this agreement, this agreement shall terminate, 10. This Instrument embodies the whole agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained or Incorporated herein. This agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 11. This agreement shall not be assigned by Developer without the express written consent of City, 12. Any and all suits for any breach of this contract. or any other suit pertaining to or arising out or this agreement. shall be brought and maintolned In a court of competent jurisdiction In Denton County. Texas. /A~ G 11 WATER MAIN PARTICIPATION AGREEMENT - i bevotopnMnl, INC. PAGE 3 ti r t EXECUTED this the 1171 day of 1Jedc*>w~a~r ggg, PFS DEVELOPMENT, INC. By: ATTEST: By: - t CITY OF DENTON. TEXAS BY: MICHAEL W. JEZ CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I By: A WATER MAIN PARTICIPATION AGREEMENT - PFS DevolopmaM INC. PAGE 4 SAW 0ocumenWContracI0"F5 0evelopmenl watt? Main Coat Participation Aprml.doe 12 h c LOCATION MAP MIL.AM CREEK RD. WATER LINE N I ' A I PROJECT LOCATION OVEnsl7_LV F LITIE9 0 MILAM RD EAST MILAM CREEK RANCH DEVELOPMENT , EXISTING 18" WATER LINE GANIER RD 4.' rs' N r ra Ff 13 FXHIRIT l a PROJECT N0._, . t COMUCTNO. _ TIM STATE OF TEXAS ¢ DEVELOP W CONTRACT COUNTY OF DEMON ¢ WHEREAB~_ PFS Development, Inc. HereinaAer referred to v"Owned', whose busbm sddrrss is 1204 University Dr . Suite 3 0 Bank-one B d.,0enton,Texaa 76201 is the owner of real property located in the corporate limits orthe CGry of Demon, or its atrat"Titotial jurisdiction; and WHEREAS, Owner wish" to develop the property and such development must be performed in accordance with the spPBwble crdWrices ofthe City of Denton, heraAerrefbtred to u "City". and WHEREAS, as a condition to the beginning of construction of said development, a development contract in accordance with Scction 212.071 of the I xal C+ovamtnt Code is requited to ensure that all streets, water and sewer lines, drainaje Wlide and other improvemtew which are to be dedicated to the public, hoult r referred to u " mprovemems", sm Mtsoted in &Wor me I with the City's epeci6cadans, standanis and ordinance: and (select applicable previsift as follows) C WHEREAS, the Owner eiecb to construct the fmpmvemeats without conftctint w th another parry as prime contractor, in which cue the provisiors of this contract which mfr to "Owns" i or "Contractoe' shall mom the Owner u named above: Or .w, r.. )i 1 ` PaBc i of 8 14 ~xHt~rr ar Jl iDEVELOPMENT CONTRACT ® WHEREAS, the Owner elects to make such improvements bvvii a set forth by conautingwith_E agle Crest Construction whose busirtessaddn'xslit P. 0. Box 2702 Denton, Texas 76202 hereafter referted to as "Cormacte. and WHEREAS, Owner and Contractor M=Snize thu the City has an Werett in ensuring thu the improvements subject to this agseemm which writ, upon completion and acceptance by the City, become public property, are properly conrtnicted in accordance with the City's "if3cad= and that payment is made therefon. WIT7YFSSrM AS to the improvements to be dedicated to the public, u specided in Erhtbit A. attrched hereto and incorporated by reference, to be installed and consavcted u Milani Creek Ranch Hi hxa 3163, Denton fount the Owner, Contractor and City, in eonaiderz6on of their muttW promises sad covenants contained 1 herein. agree as follows: 1. Covenants of ontMtb Contractor "as foIlows: (a) btd&Azi= To txrnsmiet and insWI the Improver ate in tecordance with the yrocadsoss, Vocit3cacom and etandarda Contained in Division U and M of the ritv'e Staadu d coeeifrt~„n. fo: a ,t tti norm C=uvtruG u amended, and all addendum's thateto, and W othaa J tqulations, ordmanoss or ripeei8eapons trppliable to etieh lcrprovements, rich epaei9p doy standards, regulations and ordinances Pyre! of b 16 1 DEVELOPINUNTCONTRACT f a. S. Successor and AWOL This contract sW be binding upon and in= to the benefit of the parties hereto, their res'00 ivr stuceum and UeP, Execurtd in tripbcate this .we day of 1 OWNER CONTRACTOR BY: BY: CITY OF DENTON, TERAS BY: A ATTEST: 4WALTERS, CITY SECRETARY 1 APPROVED AS TO LEM FORM: HERBERT L. PROUTY, CITYATrORNEy BY: P:Qe 1 of B 18 i= BID SUMMARY TOTAL DID FRICt Ili WOMSsad number.. / Number of calendar days proposed to complete the project: In the went of the award of a contract to the undersigned, t-te undersigned will furnish a performance bond and a payswit bond fe: the cull amount of the contract the , to aoouse proper aomplirs wit!' tarns and provisions of the contract, to insure and Nasantse the work until [inal completion and acceptance, and to Wuaesntsa lawful cla for turnnishad in atlhe fulfillmentmof the cow perfox. d and satarials It Is understood that the work proposed to be done shall ba accepted, when ruliyy.completed and finished in eoaerdance with the plans and specifications, to the satisfaction of the "ineer. . The undersigned oertUl"so that the bid price wntained in this proposal have been carefully chocked and are submitted as correcs and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions, CONTRACTOR /`"ate .2 70.2 I street dross (?~vI Ai /x 7b~o2 City and Sts o seal i Authorization' CM0 1 3% 7-- 5"tii31 (it a Corporation) Telephone i A~ i, .y. 17 PUBLIC WATER MAIN EXTENSION ALONG MILAM ROAD Donlon County, Texas j Ergintl s gwntity o"mme for public imFmm*nta. WATER DISTRIBUTION Wit waNr Vnb water 20 1 Br A6" t2"x S t "x ab aNe 1, edr " x r 7N t 'Ago ram 1 slue x 1 W fDe "Arent (complete win ' x V Too. bete Volvo, relit a cA O r end vat tact nNew valve t "G 1 ' G WYt" eenv" (complat•, corp. " Type K copper Ned. C" aloe meter CAN a0iullad to gndr q Iwp (rwt Don) 12 Each 00 j short ranch it ad elcn a alt t • anGa t ~ . nnoA Bath t x: el 1, . lagl n OW 10 Complete t The !!id ahdl include all neae+ary fallnp, ~ r ESTIMATED TOTAL: 1 NOTE: L,F. s Ntear feel, S.F. ■ SWIM f••t, i L.S. + lump sum. I I t~~ A~ 4 r; 0 18 l i I y~ PROIEMNo. CONTRACrNO. 7 BOND No. HP 00003815 PERFORMANCE e01W IiI THE STATE OF TEXAS I COUNTY OF DFh70N ~ *40W ALL MEN 8Y ThISE P E-4TS; That Eagle Crest Construction of Denton Counry,Texas,hftWaCROW PrV4a1Rod --..S11,ilba~4Sneura a Cor oration a Corporation ogmixed underthe laws of the suitor C a l i f o r n i a and aw~orittd to do busEneu in'he Suit of Texas, heminaAa called'Sm"IP, an held and firmly boar me the City of Denton. Teaser, a MuWcipal Corporation in Denton Cow!. Tow, herertnaila Cal? "Civ in the j Nin*t/ Six T}:aasar,d,Eight Hundred iiyh:y S 00/100 1 Penal SUM of (S 9 6.8 4 C. C 0 ) 4014 1. I&wfw MOM of the United Sutra, for the payment of which sum wall and ttuty to be crude we bin I ounelM our htin, exttuwM adrniristnmtom and massom job* and w ally, and firmly by i aim p 1maL TH$ Condition of d6 Oblipmon Is sub that WHEREAS, the Principal eotaed intro a cauin eonnut whh Owner, dud 20th _ .the day of may '19 9 9 , is the ptrbt:ma of which the Ciry of Dmton, Texas, has an intemst, a copy of which it ha to sod made a Pere hestot;fortheeorsspuetioneF. kiiam Read Water Hain Extension Paplof3 fit,.; r 19 r, I I PERFOKMANCE HOhb I A i IN MTNLSS VARREOF, this hoar is saeeutud in trip one of which ehaQ be deemed an otiSiu4 this the 26th &y of Ka Y 19 9 PANCEPAL SURETY Eagle Crest Construction IIIA" Corporal i BY: BY: ATTORNEY•IN -FA ATTEST: SECRE Y ~ i I j NOTE: POVVXR OF ATTORNEY OF SURETY MUST BE ATTA DATE Of POVVXR O ANTO OTT'RNZY PRIOR IGnON MUSST NOT PR C TO DATE OF CONTRACTOR BOND. 1 i rPap3ol3 /t,.~ i I f 20 t. f I i PRO.=No -3D CONTRACT N BOND No. HP 00007815 PAY:4IE,YT BOND THE STATE OF TEXAS ~ COiJN7 Y OF DENTON IGYOWALL MY BY TFTEgEpRgXy-fS: Ihat Eagle c *at Construction of the city of Denton, Texas Counryof Denton andtheSuteol Texas as principal, and ce Cor ora t ion Authorized under the laws of the State of Taaaa to act as suety on bonds for p cfpala, ate held andtirmlyboundueto City of Denton, Texas Ninat OWNS Six Thousand,EigAlyundred Eiihty b 00/I00 OWNER In the penal stun of dollars (S _s Oa 0.dL for the paymea: whereof, the said principal and Sarery bind themse,ves and thoL, heirs, administrators, s:ecutors, sncceesars and auiM Jointly and severally, by these eats; WHEREAS, the principal hae Catered into It Certain written contract xi' the Owner. duedthe 2 C t h day of May 99 19 „ Construction of Mitam Road Water Main Extension i I to which contract is hereby mfetred to and made a pat hereof u My and to thl a ertteot as if copied at lec=th herein, NOW, TH MORK. riM CONDETION OFT= OBLIGATION 15 SUCB1, shat ' If the said principal shell pay all elalntaats supplyiaa labor and material t0 him Of subcomacur A r~- 24 I i ill PAYMENT BOND c i IN WITNCSS K7I>ellEOF, the sell Principal and Surety have si and Waled this ln3U=l tthis 26th day of May 19 99 Eagle Crest Construction Chatham Reinsurd,nce Corporation pR1NC>pAL suREnr ; BY: BY:.. TrME: TnU: Atty-in-Fa t ADDRESS:k ?-?OL ADDRESS: P.0. Box' 470754 Ft-Worth, TX 761 7 r (SEAL) (SEAL) i I The Ume and address of Oll Aeeidant Alm of Surety is: Mark R. DsHart dt:a Associated Surety of Texas P-0. Box 470754 Ft-Worth, TX 76147 r rA." masers 22 Bond No._ue nnnnfArS WHEREAS. on or about the 20th der of May l9 99, OF Eagle Crest Construction ~ as sub-c ntraetor entered Into written agraenent with PFS Davslopment CdrO., Inc. i as Contractor, for the corstr,;ctson of _Milas Road Watgr Main T Extension hareirafter referred to as the Contract and whereas, the Contractor and rha~ham Reinairane*!cnraora ion all sjraty, Bade executed and dellvsred t0 aid Owner IW? Joint and several Bond and W!ereae, the Cumer has requested that City of Denton 6 PFS Development Corp., Inc, (herslnafter called 'CO-obligW ) said Cc-obligee 1having a Material interest In the parformence of said contract 6e named ee M obligee in the Bond as has requested the tone actor and the Surety to join with the owner in the eaeeution and delivery df this Rider, and the Contractor and Surety have agfasd so to do upon the Canditions herein stated. NOWt THEREFORE, in consideration of one Dollar and other / good and valuable consideration, receipt of whiehlis hereby acknowledged, the undersigned hereby agree as followst The aroressid Bond shall be and It to hereby amended as~followet 1. The na+re of PF9 TV*!" Car Inc. as C9-oblioee, small oe added to said Band a Hamad ob gee, i 2. The rights of the Cc-abllote Nu11 be subJ#ct to the condition precedent that sat the Owner's obligati me to the Contractor be performed) provided, hawevsrs that the,assregate y of the Surety under said bond, to the Owner and the CO-obligee, as their Interests may appear, is lima ed to the penal sun of the Bond and provided further that the %?fly mar, It Its action, make any payments under said sand Jalopy to the Owner and the Co-obligeel end further Otovidsd there shall be no ilaclllty under the Lord to the owner -r to the Cc a list*, at to either of them, unisex Payment be made to the Can victor at tl)a time and In the spanner Provided In the Contract. 7. Eitspt as herein modified, said Ban, shell be and'ropoin in full force and effect. SIGvEDt SEALED AND DATED thla 26th der of MaY/J 1999 , f - or Owner Tety/G A Br Owner Surrty I 23 E C CHATHAM REINSURANCE CORPORATIOiN I r POWER OF ATTORNEY FOR BONDS AND UND(RTAKINIGS Know All Men by These Presents: That Chatham Reinsurance Corporation, a corporatidn of the State Of CalifOmia. does hereby appoint Mark R.DeHart its true and lawful Attomey (s)-in-Fact, each iirdividuall) if there be more than one name, to make, execute, sign, acknowledge, affix the Company Seal to, delivOr any and IN surety bonds undertakings, recognizance: and other contracts of indemnity and writings obligatory in the nature of a bond, fo. and on behalf of said Corporation and as an act and deed of said Corporation, NOT TO EXCEED THREF MILLION DOLLARS FOR ANY BOND OR CONTRACT PRICE. i IN WITNESS WHEREOF, Chatham Reinsurance Corporation of the State of Califomi i has executed these present j this 4th day of November. 1997. s+e+~,' tom' •\~+Zd►r,/~. Jeremy R. Wallis, President I ~ f STAKE: OF NEW JERSEY h COUN I'Y OF MORRIS 1 ss On this 41h day of November, 1997 came before me Jeremy R. Wallis, the above named officer of C'hathu Reinsurance Corporation. located in Florham Park, New Jersey, to me personally known to be the individual a officer described herein and acknowledge that he executed the foregoing instrument and al))xed the seal Of $at Corporation thereto by authority of this office. Frances. A. Fra"-qno Notary Public, State of New Jersey My term expires on May 10, 2002 u(;h Po er O that the signatures and anestations o; such officers and the seat orthe Co}npany may he ttlTixsd to ant such Power Of Attorney or to any certificate relating to the power of Attorney by facsimile seal shall be valid am binding upon the Company with respect ' NTiting obligatory in the nature thereof. to any bond, undertaking, recognizance or other contract of indemnity or ` L Christopher T. Suarez Secret , radon, hereby certify that the above and foregoing to be a true and otxc copy of a loPower cated in ofAnomev k ,Ne w Jersey. do ' Chatham Reinsurance Corporation. located in Florham Puk, New Jersey, which Is sill in full force and effect IN µ7[NESS WHEREOF, I have here•aith set my hand and affixed the seal of said Corporation this6th- day of Nay t9 99~ s Christopher T. Suuez. Spcrc y I t 02452 HP 0000js 15 24 L - wmoms" AI•AU•w e ?t$ IMITWII INt~NµNp Oo~ANY 'rlwwn [ar ~o p2400 ~ Avg„ ulA 360 Rot00.QOS r u 66 Mwo OMa; 07wl NN 66000 AOOMnO ~lNMIMrICOOOA~AANtir a Nllw A MDIMnO MINp1 OOMlAl1Y POe Lfi lT CONSTRUCTION w DENTON TXT 70203 IhrAw TNT M TO arfri TINT rK 10lNRA Oi r11~AV0[ LfTW IN.Ow MAV [ O KIN IMum ra r" NIKN OgICArW. NOTW'TINTANOINV AN} "GWAd M . •NM OR 00 0 r10vr roll -r4 ~ouev 1[gw0 c[#TIACAT[ or N WY[0 04 MAY r1A1A% TNT DIO ! NI p[ ' K M ~roT Me ME MAW ty YA nq MANYAYI.1 r•IIArAWAw ' rINA 01MIM orm •lAA11TMA WwIN MT'I AIMAA~rq Y7'1 YYMNTI YNIN lMWACA~9INA~! IA•YM1 1 A4"401 A d"I 001 u «e' n J 9130431 OS01 ro9 10601100 Ill"MM8690111PA rMl•~AA'I~ 1 y I~[~•1~•rY W W n 1 • ~I'`y"~I Aw AN• rM11AR"/uw 1 1.0mo 0 MA V Wm AVTY A~rcnoVu••vtel 9130431 Dey91Hp I ON01100.`~'+ 1 AvTa .__~f A0A4MYlIA AYf•1 ~ IOY1'AAAr • ~i~-~ri ( + IAIMM ~YM• I I AAMMr wrr uA•Anr Aw AN • I 'I AyS~Ar.Y A• YIMI {MANY 1 _ A_& wrwrAroAw 9}36132 00+01A9 ! OSA}AO 4 rn111 I wA~1• w~•Inr AfA ONN17M' WANT r. $ Trl ~/rl^•A• iM I ruhru•Mr1/N~M IM MIAA 11 ~ J . r•wnw w •lAAAN•AAAAAA TAA AAIa7NeA+sArA•A M MAl1A/~ wlNw wwA~mA . .InAwA,AwArA•rceerwwulAT[wwrAAAAIIw A~w+runwAr~wwAUrA W NOAA.1411Aq IAA AMYL uAArlnANwA1 •AA eAln•wwAlAUI[ Pill I CITY OR DENT ON It A Y1 r M Amw Moll mwm a MAOMW ArA10 M 7i OJRKE ENGINEERING YMYl1AA Mn 1%41l twit ••l VOL sms"on 11•A BRIAN 8JIM PROJECT ENGINEER -31L M" 0AN11 ""a TA M aFll "m aim w TW M. 1310 AUBURN DR CENTON T1f 76231 s ommow-r• 25 s C'• .,•~w...~ (tl.6fD P.3,7 . 1MIt Ue70peWl~ Tw POLICY. PLUM ADDITIONAL Mo rr CA~fwl.tY. ~ ININRRp . OWNROM U=m on MOTOR= • NMMyp p1mom 00 O TN..ndpun►.e,r "do hnw~n.. p►widN u+iar IM bMNrr: ~NI~NZATI9N IS C~IINERCIAL WN8%4 UUWY COWKA,K PART me" of ft ma w owns am IMAN erne the Xam = tAe m Tx 76202 ii ~uOft lli b ih{.~:n0ai°OM ni,N+ j "'Ma' '•o~rw a oe r Ihr wrdrwwn~N wM a *MM in IM DownMa+. Vft 14 ea ww., a+~`~10"" lo.kft Wiwi ow kmk* OWN at yak p aM Im N aarary!Ir3a ~Nn h (M br Ar U4nmuTIQt Or Wt to= AmIrtcNAUY UWAM3 IT om" I3 OAA Im AWAM = loonca M THIi ' NN omm wm w Alymm mo !1R ~Ih1tIAIMICTt T}IgVi~ w ms 1i1, i InrlWNr FO = 2707 CID= TX 74202 A~' 00 m 10 (*"?)A• '~r~ kMUffrM.lM46p Ofha~, h0.,1e1! ' pwq wftwj $136433 lflnyyy 066?-u66 28 c• A /~/~p/1 M/1WMMYI ' AMY NO O1T 1 0 QA I N T A OYI m01 i~~ ITS wP mf: eeewM IOqulAnowulWlL OOMMTY OQ rEElame omo ; Ow1mw. MN 66010 A AOtMriOwllvatouu loo~wlr ...r P aBO~rR ST CONSTRUCTION DE 0 79401 Ie O.r~ e p xr Twm ii TO 061T4Y rwT Tw faxn w so." IM ow MAN am 1111M0 To TM WMAM w IMP" Y gr00 ime"ra NoTNTWAA0" AMY AIOwpol" T. TNA 00 NNOm011 Of AMY OON1MCt 040 a MOOCWf WTN Aw". TO WIMM fIM COW"" WY h Aewo OR WY MMIN, W MW W4I A00"M IV M ►OIAIU OmCAW N0m11 IAW 10 ALL M TWI. x 1 riM M MOWN e.wr eemex am"WRvWmW Yn 1r"n I lore /umm Y pwg~c-- mow Am A summam 1 /13SA31 OIfMl00 O6ro1/00 eweal•eeNrA~eTn.ewr~ I rr W "M i r.uwNn 11,000000 urt ~vre Av,eYne+wrw 1 A e1N~.eelAUne 9156454 ~ 061011/9 106/01/00 ow GO" i II ~Ieir Nee+we WN 1 reeve eeMr11 1 vY Awn rplm NM ft" weA11Y A wreltArlMl 9135452 0d0UN OS4Im rN sow~ "to" i"NK en e .«...,.,..e..- ~.4 no • eTrew• am j E emy OP oENTON 11 Ieew an w m Awd we* mm r omw Woo. pw %9UAKE ENO1NEWNO nn 1~1 IN am* M~ "A siIiimomminim ma BRIAN SLAKE PROJECT E NGWER A„ 44n eAe~m raxA Ye M ejewrq ewm ewe» to re, i 1011 AUBURN DA m.raomrwlmwrw I~Irlmmoollism ' A DENTON TX 11701 i I 27 L t. ufi.3Q 1995 1:23PM FELERAT[0 1%SJRk<C tl . P.2%a CERTIFICATE OF INSURANCE "Wo EAOLOREST CONSTRUCTION j Poe Al" DENTON TX TOM i I OBSCRIM" OF 0►BRATl0N1AACAT10Ni/VINKXB1,NMt =L ITEM! THE CERTIFICATEHOLDER. THE EN00IEER, AND THEM F460PGCM OPFICIALS, AOENTC IMPLO411 AND VOLUNTEERS ARi ALSO NAMED ADDITIONAL INSURED FOR OENGRAL LWILITY COVIRAW1 PER 001010 ENDORSEMENT. AS: INSTALLATION OF WATER LINE$ SAO POLICY SHALL NOT eE CANCELLED. RENEWSO, ON MATERIALLY CHANUD WfMOUT X DAYS ADVANCE WRITTEN NOTICS VINO OMEN TO THE OM. ;2% EXCEPT WHEN THE POLICY IS UINO CANCELLED FOR NONPAYMENT OF PAEMWK IN WHICH CASE 10 DAYS "ANrA WRITTEN NOTICE 10 REQUSIED. f i i r I , j ll i • I I f awlwan wLOn~ I OiTY OF DENTON 11 %#UAKE ENOINEIRINO i SAIAN BURKE PROJGOT 1NOINEER ' 1711 AUBURN DR DENTON TX TOt01 Al C, I J i 28 u it i ~,,.~,.ia +IM ECEFHtEC Ilyrrltit +r.etii F.4 y TIME IIOOIIOMOIR CHAMP Tffl PGUCV. NAAII IMAO IT CAfMPIILLY. ADDITIONAL INSURED - OVUM, Lp l ON CONTRACTORS • SCHBDUUD PERSON Oft ORMANMATION Shin ondtrmnnnl modfM, kdu wm p.Wd.e w4a IM him-1 q: COMAMRCK GENERAL UAWILITY COYERAl2I PART •C11~IRI No* of Pwoon w OrOOt~IwON CITY or 1A mv" I Km usumma" Nam sm NW= NVADW ! III$ AUKU ce CYv= Tx 76201 q r& apokmos or" to 9io sndorrd ~f aliM dm 10%A44 to OW10 to thin t,MW WnW W po Win in W* Dr Watbm Wits M An rlotteod a-o - I$ it sm dod to WAOA@ w M MWfw" plo om of otOanlaWon 016" in to B&A"•. WA"%oh Ioopoet toiob t wiwv PA olvw wt&*q WmWm PwMn»a to Lw AwMod. Pit LHWULIMIGN Or WW= LDM ACOM&OLLY MUM CITY OF Mf=. TW fJiOIWM. AW IMA iftpWnVL 0MCWS. At.7M'I. Ualonm AM VOLofam . 17 I9 Pi1MflA A=XD MIAI = nW AVUi' PWN= U =W'>0'= MWW 1S PIOM- 00W L AFRO= 70 IM ACOITZWL I WJW KIAIi. i IF= AM WN im wflRlHUit< NI:1I. To IN9Up m !lK111 m In 7kiri eI00I•D W- i Insw6dt YAII' !nf>sR7tS7CT1Qd 110 KK 2707 cbrM TX 76202 COPYI~- howoMf 9oM000 OfAa,1M,- i9N CO 2110 M*47)A- + Po4oy Nen0o1: 9136432 E1Me4w: 06-23-19" 29 t, c ApM W D - D.3 AW* tatti Dale.._.ld~• ~ AGENDA INFORMATION SHEET AGENDA DATE; December 07,1999 I DEPARTMENT; Utility Administration ACM; Howard Martin, 349-8232vo~-- SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC. FOR REIMBURSMENT OF THE COSTS OF BUILDING A SEWER MAIN, THROUGH PRORATA CHARGES PAID TO THE CITY AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT AND PROVIDING AN EFFECTIVE DATE. BACKGRQIIND% The developer, Kaafman and Broad of Dallas, Inc., is developing the Hickory Creek Ranch, property located on the south side of Hickury Creek Road and the west side of Teasley (FM 2181) (See Exhibit 1). To provide sanitary sewer service, the developer was required to extend 1,974 linear feet of 15-inch and 1,774 lines- feet of 18-inch sanitary sewer main from Leathemood Street to the development. The cost ror this extension is $108,174,00 or 538.86 per linear foot (See Exhibit 1I). The off-site portions c "the sanitary sewer border the tracks that are not currently developed. The developer has r ques ed the City approve the pro-rata agreement so that any development along .Le off site portion of the sanitary sewer connecting to the sewer line pay the pro-rata amount to the developer to recover his cost for extending the sewer line, ! None. l OPT, On: { RECOMMENDATIONS4 According to City of Denton sub-division and land development regulations, when a developer extends water or wastewater facilities to provide service, the developer shall be entitled to reimbursement of the cost of such facilities from pro-rala charges paid by persons connecting to or making use of such facilities to serve their property. Staff recommends approval of the pro- rata agreement. A PRIOR ACTION/REVIEW(COUNCII BOAR COMMI SIONI 1 ' I I I f ES:IMAT .D H D `LF Q PROJECT- The construction for this project is already complete and accepted by the City. FISCAL I N FO RiVt i,Tl ON: None BID INFORMATION: None MAP: Exhibit I i Respectfully submitted: J Coulter Assistant Director Wastewater Utilities r Prepared by: ~tL P. S. Arorn Engineering Adm!nistrsioi Exhibit 1: Location Map Exhibit 11: Engineer's Cost Estimate fry ~ 2 I Lt U I I i I \ 1Q I Y E fors ! Ir~\I \ M. Pit f Ma tE rt j t \ of j i! cop • I + + \ or .0 l o EOI 7 I Is. Lot !s W a r I I I rPK't 3 {,6 I i I • I AEMtRKf at; III ~•ps-~r~-~/;, ! i . I rrC r I rte`" 0 lot Is Ir PA 'op" p~ 'PVC rr _ !L Moot I A9SrRKt St; I • t . I I I . I I I I • , LUES1 I p u• rrc %cwtoo Saw" t5• the "PEN CONS TtIUt rlO ICI MCKONT C fM MKS 11• SE*to • • ~1' OUtttt ANON SEVEN CORMC ED Is FOR &EVEN (1Ets CAEIt ! IW.•VCwit - MOM[NENT ISM Y• "ttM • 8. OVC SEVEN CONSTAKIED AN k ICMVI Irr AtooE O E k Kt.N IN(aII o of T'At cal I, AND INS IV StsLR ti ~r r at y f 1, a City of Union Sfwer 0voWainp P&A,tipaGOn p'14md 1r 3 Carler a ourgm, Inc, PROJECT NAMC Irr3aq Cn51 RPKN PUIG I TITLU C1r of 01FIW SvIIIr CAR 0240;40" CCA116. 1, Lim, 11 By. SAI CRT Ceew'.tan REVI310 14)10.13 CW910' $a PILI MME I 001r111AC1'1L'J+'Mr0al it PRINT60, "111 RaWSID TOTAL COST SANITARY SEWER 113TEM AsPROrIw FE VNar ror~l CLSCAer Nom LN,r OVANIrl" PRICE AMOU%7 W OVC PVI lr•+r DEeli•a21t C 03 F V 0 141!0 17.00 +1' pvc PIPE WAT 01901 GNi'Ta V 11:1 IM.Oo 177 603 oa IF PVCpipe Ir.IrCEL'p10PF.11TE LP 71T IL OS 120,07660 IS•PvCPI0E10'-IO' DEEP I CIrT EP TErSICN :r 412 10000 S21e000 •rPvCPPE 0.10,01M LF I,Irf {11.00 UP 10100 10' Or Pere ro'•TO'OEEPI• aA SE COI T LP I a $0.00 1000 r OVCTRI OPEN PIPE 10'• W CEEPI LF 603 U 1 to Iv Be 100 f' DIAMETLA MANMOIE.$AS$ Cot r CA 6 11. FU do So00 C APASTER DRCP!uNNO.E EA A 9,30020 1•a 00000 l GANETiRMASLOLE EA 16 CS,S0oo0 SO 1,00 do 1' O1AVETERUWN9)t WTT O0ENS10N EA 1 11,17400 ST 10aa TIP SNC. SAFE tV Lt 7!4)! 3220 7r ASE ao 'E STING !EPCLWIN00E Olt CnNICALI tt >,'Ae S4 a0 11 Tt1oc TOTAL SAN~TARr SEW1R SYSTIV IIO1,o0A Co DEVELOPER PARTICIPATION SANTARI SEW SYSTEM APPAOOrMA rE ONT rorAt cesEAJTNN VNIr OVIVnr. PRICE AMOUNT •rpyCr1P1I0'I r CEE*I Lt 0 S•e 30 1700 1S' PVC P 01.O.10 tfM(N•S~Te Lc I)21 141!0 1119310 I S. PIC FPElo'. It DUPI Cq.gIT1 LF TI? I'S 6a 111.52:N 16'pvC PE'0.1 O :EE r) Cr" EtTEr44DN '.r 121 low soA Ir P,(: PPE III -IV'CEEI I IF LIT+ 1.110 1114):1 E0 10' CUCfaUACN PIPi;r 10 DESP1 ✓ 0 i'a U 5364 '1.OL CriLE;AC"V PPE Ir•10d DEEP) LP em {1150 111ALN . G'AA,ITE4 MAVI47Le i4 0 14N U0a S' CIA l+ST1 R 1400 BAN, OL E N 1 76320.00 {•04)00 OO ' s C.AME7E91'w~G,E U +e N.TCC dO $2,21006 f 1401 IC N S' CU W TER MAN•LRE C^r WISS,Gr 'A 'PEN'H waN ,t IA3 SSN Sf Ap356 PEST NOIUCLLCNO 0101EC4N CALI LP 1,+5! Hg0 I>,fy )1 TCTAL SANII441 3Ew14 STSTNP COST FOR De',9600C41 lita"I ADa CITY OF OENTON PARTICPATION SANTART I11"IR SYSTCM APPQ:K qN VMQ }Ohl i CffCbq~ON WI;7 OL'MTIIT PKKa AWUN1 A':C hot ~N.•C' C Jol 10 UN 16 P'+' P. F U0100EEtI JN1tE 1 •r 1,121 tS 6J $3 u1 So s' It P OF 10'.10:99%Otrdl'C Le ?it 11114 So :05N •6'PvC ripvo'oa am G TT srt".ON J fa 12000 32 Woo 0, W. C mrf 10.r0 CEO P 1 'J 1,+l1 S'AN 1'111110 '0.01,CTILE ROr P.►E IC•+r OLfF1 Nr 0 U00 to 20 J I.Oumf IKON PIC to .1 a CIE 4 Lt 403 IA -A to Tq So ! 1 R. + CIAI4arER V,1IA14 J _ EA a 1400 10C4 1 C AMLTC R CROP MANHOLE 04 S 111 1A A UN UT0 1 ff\. 1' C'AVETER W111 IM 0041Te EA it 111100 o0 511 ka 00 S' OIAIAETER MAr,0.L C,N WENS 04 CA 1 It UON 10104 N •AENCM SAO ETV tF 3T.1 140 1506 1 E61In 0 R RC1,60ON61 OE 0M.NNIC ALI LF 1)4)1 140 to 00 !OTAL I A 4OAR11111 RST371M COST FOR C T Of DISTo% 501.7603o Carter A EUTouI, Ina 4 EXHIBIT II I mosp~-l-V -Ell c r ORDINANCE NO, AN ORDINANCE AUTHORIZING THE CIT1' MANAGER TO EXECUTE A SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC. FOR REIMBURSEMENT OF THE COSTS OF BUILDING A SEWER MAIN, THROUGH PRORATA CHARGES PAID TO THE CITY; AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas requires that the real property owned by KaEtfmart and Broad of Dallas, Inc. ("Developer') commonly referred to as "Hickory Creek Ranch" (the "Development") located on the South side of Hickory Creek Road and the West side of Teasley Road (F.M, 2181), as more particularly depicted in Exhibit 1, attached hereto and incorporated herein by reference) located in the City of Denton, Texas or its extraterritorial jurisdiction be provided with adequate sanitary sewer service by extending 1,974 linear feet of 15-inch and 1,774 linear feet of 18-inch sanitary sewer main from Leatherwood Street to the Development; and WHEREAS THE City of Denton may lawfully reimburse the Developer for the costs of the sewer main extension by the Developer based upon prorata charges paid to the City by persons connecting to the sewer main pursuant to Code of Ordinances of the City of Denton, Texas §34-1 IS (bx3); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute a Sewer Main Prorata Reimbursement Agreement Between the City of Denton and Kaufman and Broad of Dallas, Inc. (the "Agreement") to provide for the prorata reimbursement for the extension and installation of One Thousand Nine Hundred Seventy Four (1,974') linear feel of fifteen (15') inch sewer main, and One Thousand Seven Hundred Seventy Four (1,774') linear feet of eighteen (18') inch sewer main, substantially in the fort of the attached Agreement, which is incorporated herewith by reference and made a part of this Ordinance for all purposes; subject however, to Developer, Kaufman and Broad of Dallas, Inc. entering into a Development Contract with the City of Denton, in accordance with Chapter 34 of the Code of Ordinances of the City of Denton, Texas. SECTION 2, That the City Manager is *e~eby authorized to make such expenditures and transfers of funds under such conditions as rye set orth in th, attached Agreement. i SECTION 3• That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1999 JACK MILLER, MAYOR 5 c~ c. . I ATTEST: JENNIFER WALTERS, CITY SECRETARY By: I APPROVE: AS TO LEGAL FORM: HERBERT' L. PROUTY, CITY ATTORNEY By: S \Our Axumnta`Ordinancn'991Sewer Alain Pioro A Rtimb Ord • Kaufnrn A broad.dut I i r I i 5 `Our pa umen~'Ordnancea`99'Sewee Main Pronta Rtim6 Ord • Kaufman A brad dot e e i SEWER MAIN PRORATA REIMBURSEMENT x. AGREEMENT BETWFP.N THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC. WHEREAS, Kaufman and Broad of Dallas, Inc. ("Developer'), whose business address is, 2611 Wcsigrove, Suite 101, Carrollton, Texas 75006 desires wishes to develop and improve certain real property named "hickory Creek Ranch" (as more particularly depicted in Exhibil I, attached hereto and incorporated herein by reference) located in the city of Denton, Texas or its extraterritorial jurisdiction; and Ocveloper is required to provide such properly with adequate sewer service by designing, constructing, installing, and extending a sewer main; and WHEREAS, the City of Denton, Texas ("City") is a municipal corporation located at 215 East McKinney, Denton, Texas 76201; and in accordance with the provisions of Section 34. 118 (b)(3) of the city of Denton Code of Ordinances, may reimburse Developer for the costs of the sanitary sewer main designed, constructed, insial!ed, and extended by Developer based upon prorata charges paid to the City by persons connecting to the sewer main: NOW, THEREFORE, in consideration of their mutual promises, Developer and City do hereby AGREE as follows: I 1. Developer has designed, constructed, installed, and extended 1,974 linear feel of 15-inch sewer main and 1,774 linear feet of 28-inch sewer main and all necessary appurtenances [hereto, hereafter referred to as the "Facilities," located as shown on Exhibit 1, attached hereto and incorporated herein by reference. These off-site sewer mains shall be subject to prorata reimbursement to the Developer in accordance with this Agreement. 2. Prior to beginning construction or the Facilities, Developer shall obtain, at Developer's sole cost and expense all necessary permits, licenses, and easements. If easements are needed, the deeds therefor obtained by Dcvelopcr shall be reviewed and approved as to form and substance by the City prior to the beginning of construction. If Developer is unable to acquire needed casements, Developer shall provide City with any requested documentation of its efforts to obtain such easements, including evidence of negotiations and reasonable offers trade to the affected property owners. Any easements for lice facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the Facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title, 3. The actual cost of the design, construction, installation, and extension of the Facilities subject to prorata reimbursement is One Hundred Eight Thousand One Hundred Seventy Four (5108,174.00) Dollars, or 528.815 per linear fool for 1,974 linear feel of i5-inch and 1,774 linear feel of 18-inch off-site sanitary sewer mains. ~ A 4. Within thirty (30) days of the acceptance of the Facilities by the City, f Developer shall submit to the City's Assistant City Manager for Utilities the actual cost of the Facilities. To determine [lie actua! cost of the Faciitics, the city shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to require Developer to submit any necessary infomtalion, documents, invoices, receipts or other records to verify the actual cost of the facilities, The ATTACHMENT I c, Assistant City Manager for Utilities shall review and verify the actual cost of the Facilities and certify the allowable reimbursable cost and the dale the Facilities were accepted, which certificate shall be attached hereto and be incorporated herein by reference. 5. A9cr title to the Facilities have vested in the City, the City shall collect a prorata charge from any person connecting to the off-site facilities in accordance with the provisions of the Code of Ordinances of the city of Denton. Within thirty (30) days of the receipt of prorata charges the City shall transfer such amount collected to Developer. 6. The City shall transfer to Developer prorata charges collected for a period of time of twenty (20) years from the date the Facilities are accepted by City, as specified herein, but shall not transfer or reimburse to the Developer an amount of funds in excess of the certified cost of the Facilities. 7. The parties hereto recognize that the Facilities subject to this Agreemen! are necessary to provide sewer service to the Developer's properly. The prorata charges to be collected and transferred to Developer shall be based on the terms of this Agreement, as through the Facilities subject to this Agreement were installed, B. The prorata charges to be collected by the City and transferred to Developer in accordance with the ordinances of the city and this Agreement arc intended to reimburse the Developer for the Developer's cost of the Facilities by requiring persons connecting, Hho benefit thereby, to participate in the cost of the Facilities. This Agreement shall not be considered to impose any obligation or liability upon the City to pay for the Facilities from its general revenues, bond funds or any other revenues it may receive, except for those prorata hinds received from persons connecting to such Facilities. 9. Should any courl of competent jurisdiction determine that all or part of the City s ordinance on which the prorata charges to be paid to Developer under this Agreement arc based are found to be unlawful or invalid, the City may cease to charge or collect the prorata charges for connection to the Facilities and will have no further obligation hereunder. i 10. All notices, payments or communications to be given or made pursuant to this I Agreement by (he parties hereto, shall be sent to Developer at the business address provided IIII above and to the Assistant City Manager for of Utilities, for the City at the address provided above. 11. The Developer shall indemnify and agrees to hold the City harmless from any ` and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglecl or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement, and Developer will, at its own cost and expense, defend and protect the City against any and all such claims and demands, 12. This instrument embodies the whole Agreement of the parties here(o and there ~f"t r are promises, terns, conditions, or obligations other than those contained herein. This Agreement all supersede all previous communications, understandings, representations or agreements, either verbal or written, between (he parties hereto regarding the subject matter ofthis Agreement. 13. Developer shall not assign this Agreement without the express written consent rt of the City. 14. Any and all suits for any breach of this Agreement, or any other suit pertaining to or arising out of this Agreement, shall be brought and maintained in the court of competent jurisdiction in Denton County, Texas. This Agreement shall be governed by, and construed in accordance with the laws of the State of Texas. 15. This Agreement shall be effective for a period of twenty (20) years from the date Facilities are accepted by City, or until Developer has been paid all allowable reimbursable prorala charges for the Facilities, whichever occurs first; provided, however, should Developer fail to begin substantial construction of the Facilities within one (1) year from tl•e date of execution of this Agreement, this Agreement shall lerminaie. EXECUTED this the day of , 1999, CITY OF DENTON, TEXAS By: MICHAEL W, JEZ, CITY MANAGER ATTEST: JENNIFER WAL rERS, CITY SECRETARY By: _ APPROVED AS TO LEGAL FORM: , HERB PROUTY, CITY ATTORNEY jj By: Ay 1 "DEVELOPER" KAUFMAN AND BROAD OF DALLAS, INC. By: A' ATTEST: By: 5.`Ah+[MCUmrnls nhaehl9Tkr<n Mi In Nwals xdmb Arno-xeurnen8 nnaddw G I p to71 - - - a' pot Is. Irc ' -TS' LUUJ MI VIC Sot !1 I I IDr e ~ I a 1~ - I I 121 FI. LXTE tlN C r Ir It - I ` I II M1 or p II iDN u 'S ' OF : IS' NIt 1~ I , f c I - y~ ORMT[ tACIUTR~ (or IF 11'011'S I I r IV& , fI we I 1.07 11 O (4i, ~~J ( • , -*N or Fort ~~LL lrt I ~1ry a 1 I . II r I f 1~ I ' AE?SrAKt W I , • 1 I ~ I O . LEU ND, I III Pot UPIA CONSTAUtt(D Poll, MI tom IINLN MIS( IAND IItDuM[S I M SEVEN \ rr O'PVC SS,KA CDNSTAUtt(o PON CIIIC{T1 Of 109 D(VELD►IM.k1. DV(IS{[( Itl((NI(NTS II' DuCTIf RDr, S(qR CANS MUCT(p IS ep1 S(I[I WES CI(IT(1 tNlk A IQ UI(A. MD-II11 . 1 IfMhQNI It REOUIS116 PEA tN( DI/Ik(kC( IIII([k • • • IS'a'rt MW CONIRAt[D IN 1' {CINIC11V 11(Dins IOC D(V[L"kTI &NO INC {D• S(1[I I II kmo it 1M (It1 Poo ruTIA( D(V(IDNINT,, t} APXW No.-I r _ Ap Wa Ibm Date____Lyr AGENDA INFORMATION SH'ZET AGENDA DATE: December 07. 1999 DEPARTMENT: Utility Administration ACM: Howard Martin,? i9-8132 vW~ SUBJECT* AN ORDINANCE AUTHORI&Nrj THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND ARTHUR V. AND REBECCA 0. KING FOR T14E CITY'S PARTICIPATION IN THE OVERSIZING OF A WATER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The owner is developing Regency Oaks sub-division, a site south of intersection of Hobson and Country Club Road (see Exhibit 1.) This development is extending water line to supply service to the development, The development requires an 8-inch water line but City is equesting to extend a 12-inch water line as shown on City of Denton distribution system master plan. This % kill enable City to provide water service to the area south of the development considering that fl- inch water line will not have adequate capacity to meet demand requirements when the area is developed in future. OPTIONS, Funds are available for ovcrsizing of the waterline. Installing an $-inch water line now will limit the area of service and will require City to run a parallel water line to the 8-inch water line for j any potential future growth. RECOMMENDATIONS: The developer has submitted r request for oversize participation based on engineer's estimate. (Exhibit 1I.) This amount has been examined by staff and found to be reasonable. A, h Staff recommends City's participation in oversize agreement with the developer. > f 1 i 4t. PRIOR ACTION/REVIEW (COUNCIL. BOARDS, COMMISSIO A Oversize Agreement approved by PUB on August n9, 1999. ESTIMATED SCHEDULE OF PROdECTt The project is scheduled for completion by the end of September 1999. FISCAL INFORMATI!1%1: There is S100,000 allocated in bonds every fiscal year for City participation in water line oversize agreeinenl. When a developer extends water or sewer lines into an area, the developer is required by tha City's Code of Ordinance to install water and sewer lines of sufficient size to service the now aria. A copy of the FY 1999 C1P sheet Is attach-d. BID INFORMATION: None MAP: Exhibit 1 Prepared by: Respectfully submitted: -t-'.4u ~j P.S. Arora 7 im Fisher Engineering Administrator Assistant Director Water Utilities Exhibit 1: Location Map Exhibit I1: Engineer's Cost Estimate Exhibit III; FY 99 CIA Data Sheet 1, Attachment 1: Oversize Agreement A,, , r) 2 r L IM I` i I I f LOCATION MAP REGENCY OAKS 12" WATER LINE y N A ~ f COUNTRY VIEW _C1QCCLll^ III { EXISTING 10" WATER! LINE HOE-150N LANE i KIL NNY C ' REGENCY OAKS j DEVELOPMENT 1 i I I I PROPOSED 12' EXTENSION U PROJECT LOCATION U a EXHIBIT I it l 1' I 1 , i I 1 f 231 CE 12 inch 12" WATER TO REGENCY OAKS CONSTIIUCTION COST SUMMARY -1711191 PART "A" - POTABLE WATER FACILITIES WATERLINE FACILITIES ITEM OUANTI UNIT PRICE EXTENSION CONNECT TO lAISTING SYSTEM WET TAP AND PLUG 1 EA 15,40000 13,400.00 12' WATERMAIN 1707 LF 12800 147,79800 STREET CROSSING 30 LF 120.00 1800,00 12-INCH GATE VALVE I EA 1700.00 1700.00 12' PLUG I EA 1200.00 1200.00 12' X 8' TEE 1 EA 1300.00 1300.00 TOTAL PART 'A' POTABLE WATER FACILITIES ENGINEERING AND SURVEYING TOTAL ESTIMATE 8" WATER TO REGENCY OAKS CONS T SUCTION COST ESTIMATE " (1041991 JJ PART "A" - POTABLE WATER FACILITIES 1 WATERLINE FACILITIES ITEM ~OUANTI UNIT PRICE EXTENSION CONNECT TO EXISTING SYSTEM REMOVE PLUG AND EXTEND 1 EA 1500.00 1600,00 8' WATERMAIN 120 LF 114.00 11,660.00 B' WATERMAIN 735 LF 116.00 111,760.00 BORE AND CASINO 80 LF 1120.00 19,600.00 O-INCH GATE VALVE 3 EA 1450,00 11,360.00 8-INCH GATE VALVE 2 EA 1550.00 11,10000 ' X 6' TEE 2 EA 1260,00 ' 90 DEGREE BENDS I EA 1200.00 1200.0 PLUG 0 2 EA 1100.00 TOTAL PART 'A' POTABLE WATER FAC9J U .r ENGINEERING AND SURVEYING TOTAL ESTIMATE COST DIFfERENCIAL / / A ~ ' C 4 EXHIBIT 11 c• E t~~5 CAPITAL IMPROVEMENT PROjEC i!_99-17461.01 I t PRO,! TITLE: (G) OVERSIZE WATERLINES II ESTIMATED COST: $100 (r 1000) GROUP ASSIGNMENT: 0 DESCRIPTION; Moray allocated to pay the difference In construction cost of increasing a watertino sin from the minimum reefulred design size indicated In ft subdivision regulations to a larger diameter time sine needed In the futern for increased growth In an undeveloped area and comply with Master Plan. PURPOSE: Subdivision regulations specify the minimum required waterline for new dewlopmenl based on projected usage of a newly plotted area. During Development Review, the City will agree to pay for additional cosh to Inercaa the Developer's minimum required watorllne sin to neat Increased demand for water due to future growth of now subdivisions and businesses in an undeveloped area. ENCUMBRANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AID OTHER TOTAL TOTAL ISTYR $100 10 $o b $100 $100 !o 8o g0 $100 TOTAL 2ND YR 0 0 0 0 0 0 0 0 0 $o TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 so GRANDTOTAL $100 So so 10 $100 1100 10 $0 $0 8100 ENCUStBRANCE DATE8: 8noumbend as spent PHASE DATE AMOUNT OBJECT 1 ~ OiMMUI PttrMtaea 1 pill Consbue" Ifleoes AS SMlR 1100 8f81 ENCUMBRANCETOTAL $100 COMMENTS: s EXHIBIT III a f ORDINANCE NO. j AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND ARTHUR V. KING AND REBECCA G. KING FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF A WATER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City wishes to participate in the cost of oversizing a water main to be designed, installed, and constructed by Arthur V, King and Rebecca 0. King in an amount not to exceed Thirty Two Thousand Three Hundred Twenty One Dollars and Ninety Cents ($32,321.90), in accordance with §34.118(bx2) of the Code of Ordinances of the City of Denton, Texas and TEX. LOC. GOV'T CODE 0212.072; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the City Manager is authorized to execute a Water Main Cost Participation Agreement Between the City of Denton and Arthur V. King and Rebecca G. King for the oversizing of approximately 1,707 feel of eight (8') inch water main to a twelve (12') inch water main; substantially in the form of the attached Agreement, which is incorporated and made a part of this ordinance for all purposes, subject to Arthur V. King and Rebecca O. King entering into a Development Contract with the City of Denton, in accordance with Chapter 34 of the code of Ordinances of the City of Denton, Texas. SECTION IL That the City Manager is hereby authorized to make the expenditures as set forth in the attached Agreement, SECTICr,Z[jjj, That this ordinance shall become effective immediately upon its passage and approval. 1 1999PASSED AND APPROVED this the dayof . JACK MILLER, MAYOR r1 8 i G i I I ATTEST: JENNIFER WALTERS, CITY SECRETARY i By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: Documcntb0dinmcer199`Kin1 Water Main Coo PN&igibn Ord dao f r I Irk o 7 Vow Documeaii Ordinaneed99'Klog WuermalnCoo Pantitipotion Ord doe 1 i THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON § Arthur V. W Rebecca G. King WHEREAS, Arthur V. and Rebecca G. King hereafter referred to as "Developer", whose business address is 315 S. Locust Denton, Texas 76201 wishes to develop and improve certain real property named Regency Oaks (as shown In Exhibit I, attached hereto and incorporated herein by reference), located In the City of Denton, Texas or its extraterritorial jurisdiction, and Is required to provide such property with adequate collection capacity by designing, constructing and Installing a water line of an Inside diameter of elght Inches (8"), hereafter referred to as "requlred facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as "City, In accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water maln to expand its utility system and Insure adequate utility service to other cuslomers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein Developer and City agree as follows: 1. Developer sha!I design, Install and construct approximately 11,707 feet of 12 Inch water main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities" as shown on Exhibit 1, attached hereto and incorporated herein by reference. I 2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer will Into a Development Contract prior to beginning construction of lho oversized facilities. This development contract is attached hereto as exhibit ll and incorporated herein by reference. This Agreement Is subject to and governed by this Development Contract and any other applicable ordinances of City. 3. Prior to beginning construction of the oversized facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements, The easements, deeds and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Developer Is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners. Any easements for ! the oversized facilities obtained by the Developer shall be assigned to City, if not taken In City's name, prior to acceptance of the oversized facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title., WATER MAIN PARTICIPATION AGREEMENT •ArthurV. and Robocca 0. King. PAGE 1 8 ATTACHMENT 1 4. City's share in the cost of the oversized facilities. Based upon the difference in the cost of Installing required facilities, as determined by City, and the cost of the oversized facilities, as determined by City, shall be in an amount not to exceed thirty two thousand three hundred twenty one dollars and ninety cents ($32,321.90). City may elect one of the following methods to determine City's share of the cost: a). Developer shall prepare plans and specifications and furnish them to City. City shall competitively bid the required tine and the oversized facilities In accordance with Chapter 252 of the Texas Local Government Code. The difference In the bids shall be used to determine City's share, subject to City's maximum participation in cost as specified In this Agreement: or b) Developer shall prepare plans and specificatl;nr, and take bids on the required line and the oversized facilities. CI snail pay Developer the least amount of the following: (1) The difference in the bids for the required line and the oversized facilities; (2) Thirty percent of the bid on the oversized facilities as provided for In §212.072 of the Texas Local Government Code: or (3) $32,321.90 the maximum participation cost allowed herein. City shall not, In any case, be liable for any additional cost because of delays In beginning, continuing or completing conFtruction: changes In the price or cost of materials, supplies, or labor, unforesden or unanticipated cost because of topography, soil, subsurface, or other site conditions: differences in the \ calculated and actual per linear feet of pipe or materials needed for the oversized facilities: Developers decision as to the contractors or subcontractors used to perform the work, or any other reason or cause, specified or unspecified, relating to the construction of the oversized facilities. 5. The City will make monthly payments for it's share of the oversize facilities, The Developer shall submit monthly pay request on forms provided by the City. The Developer's engineer shall verify that pay request Is correct. The request, along with the engineer's verification, shall be submitted to the Engineering & Transportation Department of the City. The City will retain 10% of the total dollar amount until the project Is accepted. Payment by the City to the Developer will be mado within thirty (30) days of receipt of the pay estimate and the engineer's verificat on. WATER MAIN PARTICIPATION AGREEMENT • Arthur V. and Rebecca 0. King PAGE 2 4 i 6. To determine the actual cost of the oversized facilities, City shall have the right to Inspect any and all records of Developer, his agents, em- ployees, contractors or subcontractors and shall have the right to require Developer to summit any necessary information, documents, Invoices, receipts or other records to verify the actual cost of the oversized facilities. 7. All notices, payments or communications to be given or made pursuant to this agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Director of Utilities for City at the address given above. 8. Developer shall Indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitee, contractors or other persons with regard to the performance of this agreement, and Developer will, at Its uwn cost and expense, dofend and protect City against any and all such claims and demands. 9. If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of execution of this agreement, this agreement shall terminate. t0. This Instrument embodies the whole agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained or incorporated herein. This agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 11. This agreement shall not be assigned by Developer without the , express written consent of City, 12. Any and all suits for any breach of this contract, or any other suit pertaining 10 or arlsing out of this agreement, shall be brought in a court of competent jurisdiction In Denton County, Texas. A$ i C f WATER MAIN PARTICIPATION AGREEMENT - Arthur V. and Rebecca 4. King PAGE 7 fo ♦ • ~I t Executed this, Ilia day of ~ar a~•e~ 1999 I Arthur V. and Rebecca 0. Ktng BY: e ATTEST: CITY OF DENTON, TEXAS BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY I WATER MAIN PARTICIPATION AGREEMENT • Arthur V. and Rebecca G. King PAGE 4 1~ c LOCATION MAP REGENCY OAKS 12" WATER LINE N EXISTING 16" WATERLINE )l-l")`S`ON C1VER91ZE0 FACILI71ES KU, FINNY C REGENCY OAKS 'DEVELOPMENT PROPOSED 12" C EXTENSION I PROJECT LOCATION I' 12 EXHIBIT I I I PROJECT NO. CONTRACT N0._ THE STATE OF TEXAS ¢ DEVELOP NTCOtvMCr COUNTY OF DENTON 4 WHEREAS,_ Arthur V_ and Rpligrea r ri__ Hereinaflei referred to as "Owner", whose business address is 915 S . Locust St. Denton, Texas 76201 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and WH EREAS, Owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hexWer referred to as "City"; and WHEREAS, as a condition to the beginning of construct on of said development, a development contract in accordance with Section 212.071 of the Local Govcvtment Code is required to ensure that all streets,,-,attr and sewer lines, drainage facilities and other improvements which are to be dcdicl,ed to t,%e public, hereaflei referred to Is" Improvements", we constructed in accordance with the City's specifications, standards aid ordinaaces; and (select applicable provision as follows] U WHEREAS, the Owner elects to construct the Improvements without contracting with r another party as prime contactor, in which ct se the provisionr of this wntrn►:t which refer to "Owner" or "Contactor" shall mean the Owner as named above, or page l of 8 13 ~xaaswlY n t t~ c~ DEVELOPMENT CONTRACT 0 WHEREAS, the Owner elects to make such improvements hereinafter set forth by contracting with rAgtA rfa ~~.~n whose business address is P. 0._Aox 2102 Denton, Texas 76202 hcrcaflcr referred f j as "Contractor", and 1VHEREA.S. Owner and Contractor recognise that the City has an interest in ensuring that the improvements subject to this agreement, which will, upon completion and acceptance by the City, become public p, 3perty, are properly constructed in accordance wI:h the C; y's specifications and that payment is made therefor, WITNESSETH AS to the improvements to be dedicated to the public, as specified In Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at Regency Oaks Subdivision I I830 b r r 76205 eitas the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, ag,rc us follows: I. Covenant_sof Contractor, Convector agrees as follows: j (a) i iens. To corot:uct and install. the Improvements In accordance with the procedures, specifications and standards contained in Division II and III of the 'I ' r;_Srtccifications for Public Wyrb i Construction. North Central Tate amended, and all addendum's thereto, ' A. and all other regulations, ordinances or specifications applicable to such Improvements, such specifications, standards, regulations and ordinances Page 2 of B 14 I DEVELOPMENT CONTRACT being expressly incorporated herein by reference and being made a pad of the agreement as though written herein (b) Authority of Clty Eneinesr tasn"d . 'r . +orders Owner 2nl Contractors Warranty That all work on the Improvements shall be performed in a good and wodonanUe manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all i questions, which arise as to the quality and acceptability of materials famished, work performed, and the interpretation of specifications. Guarantee for a period of one year from the date of final acceptance all work as called for in the specification aM contract documents to be free from defects in materials and workmanship. Owner, contractor and their surety as the can may be shall remedy any such defects in materials and worlmaruNp and pay for any damage to the work or to other work guarantee for a period of one year from 1 the date of final acceptance all work as called for in the specification and contract documents to be free from defects in materials and/or facilidos which shall appear within one year from the date of fine! completion and acceptance by the City, 1 The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or i materials used without suitable inspection by the City may be ordered ! 1,- ` removed and replaced at Contractor's expense. The Owner, the Contractor and their surety on the performance bond shall and do hereby warrant and Page ) of g 15 1 f: f I DEVELOPMENT CO.NTPjtCT sc. guarantee for a period cf one year from the date of final acceptance ail work as called for in the speciEexion and contract documents to be frre from defects In materials and workmanship, Owner, Contractor and their surety as the case may be shall remedy my such defects in materials and worimanship and pay for any damage to the work or to other work or facilities, which shall appear within one year from the date of final acceptance by the City. The City Engineer or his designee shall perform periodic inspections of the work and shall perform a fuel inspection prior to the work being turned over to the City and an inspection 30 days prior to the expiration of one year from the date of firral compltdon and acceptance of the work by the City. Upon failure of the Contras for to allow for Inspection, to test materials furnished, to satisfactorily repair, remove or replace, ifso directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the 1 City Engineer or his representative, the City Engineer shall notify the Owner of such failure and tray suspend inspections of such work until such failure Is I remedied. lrsuch allure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the impro%ements. (c) Insurang To provide for insurance in accordance with the insurance requirements a?plicable to contractors as provided for in Item 1.26 of Division A , [ oithc$Dpjard Specific+tio .for ~blic ~"p ks one ~ lion iQonh ~~,i,~l ~ j;- ~ r Ts= as amended, the provisions of which are expressly incorporatod herein Page 4 of S 16 ~ t I t ~ DEVELOPMENT CONTRACT 1 by reference; provide!, however, for purpose of this provision only,' Owned', as used the rch shall mean the City of Denton. (d) Means and Methods of onst adon That the means arsd methods of construction shall be such as Cono-.actor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in thejudgment of the City Engineer, i assure that the Improvements were constructed in accordance with City specifications. (e) Books and Record. All ofthe Owner's and the Contractor's books and other records related to the prefect shall be available for inspection by the municipality. 2. Mutual Covenants orOwner ant Contractor, Owner and Contractor mutually agree as follows: (a) Performance Bend, That if building permits are to be issued for the development prior to completion and accepumce of all improvements that arc to be dedicated to the public, the following security requirements shall apply: (i) The Owner or Developer shall provide a performance bond in an amount not less than the amount necessary to complete the improvements, as determined by the City Engineer, shall be submitted guars acing the full and faithful completion of the Improvements meeting the specificadons of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do hnsinacs in rho state orTexxi in nccordanec with Chapter 2233 of the Texas Government Code. The Ouster and his Contractor shall assign any and all rights in the bond to the City aI the time A , the improvements are transfctred to and aa:epled by the City. r / (ii) If the cost of completing the Improvements at the time building permits are issued Is an amount of S d 5,000 or lea, as determined by the City Engineer, cash money in the amount necessary to complete page s ors 17 l DEVELOPMENT CONTRACT the improvements, as determined b} the City Engineer, may be deposited with a bank or escrow agent pursuant to an escrow agreement ensuring completion of the improt ements without exception, the City's escrow agreement form shall be used and the escrow agreement shall remain in effect for one (1) year from the date of final completion and acceptance of the wark by the City, (b) Retainave Final Pay men 116 (This provision (c) applies only where the Owner and Contractor are not the same party,] That as securityfor the faithful completion of the Improvements, Contractor and Owner agrees that the Owner shall retain ten (10) petecnt of the total dollar amount of the contract price until aRer final approval or acceptance of the Improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has famished to the Owner satisfactory evidence Including Owners affidavit that all indebtedness has been paid, that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery f unished for and used In the performance of the work have bam paid or otherwise satisfied (c) Encu bnua. That upon completion and approval or acceptatta of the Improvements of the City, the improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, aRer acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the improvements, or Land dedicated to the City, to which they am affixed, the Owner and Contractor A r r~ ~ shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the Page 6 of a 18 c, DEVELOPMENT CONTRA(_T k t k f City in the amount of such claim, lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lies, charge or encumbrance, (d) kdc talft" TM Owner shall and hereby does indemnify, defend and save harmless, the City, its offleers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on amount of the operations c (the Contractor, his agents, employees or subcontractors, or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in constaution of the improvements; and shall pay anyludgment, with costs, which may be obtained against the City growing out of such 4ury or damage. (e) Agreement Controlling That the provision of this agreement shall control over any conflicting provision of sty contract between the Owner and Contractor as to the construction of the Laprovements. 3. Covenan L of rh, n►n-nfee That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 4. Venuegnd Govern [no Low- The parties heroin agree that thpa contract shall be erf )rceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue stall lie In Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court ! f;- r decisions of the State of Texas. { I Page 1 o(8 19 1 f DEVELOPNENT CONTRACT 5. Suecesam 0M Acetone This coniract shall be k.lnding upon and inure to the y' benefit of the parties hereto, their respective successors and assigns, Executed intrip2ieatethis. dayofjuly~ 19 99 i OWNER CONTRACTOR ~~dCGGet~sf ' BY: BY; CITY OF DENTON, TEXAS BY. Y ACERO ATTEST; 1 WR ALTE CITY SECRETARY APPROVED AS TO LEGAL FORM; HERBERT L. PROUfY, CITY ATTORNgy rBY;/~ r Page g of 9 20 4Cz~~ ~on~zue~ n f 3 l PN$W bmw _PAO in ~ i l JM1c S ow: _~r2~~9 i i 1~ A any ~r Mlrlll (fa um P*w 1 u 11 ~ 1"100 1 ~700 4N 10o[f t4~aP 1240 l~ aoo r 14 44 24D k/rb IS A. `~L, Ys ~ ~ ll ISwr J 00 L 1a z IS YS ?4~2 .2 !2 ~ a 41 14 Ord !Web SZ92 - ~o. ~...,e. 2.~1u.,'~►af ~d.ve (vvoJ l~~~u~ (wo,~~oa~rre f 21 u u Eagf Cu4t ~on'rue n w.p« Nw ~ea e, , a u A K 6 h"m ?y/h w hT-d-i Owe r 1 - 5~, C N w OMMMIIII OAPW O oo t WO VO UIII~ 26. 0 I~ PVC --C-loo 1100 OD IF b PVC G- gee ! M 14S'OLF 4 •kt Tee I 10.4 zoo G'rt- V"004 I @A I CA 4M S0 1 "A vc4f.".~i 3CA &A 1600 o0 ~ ` ; 4 ok w ems EA 14LrA 0 1, tie. a 200 o G 1 G~t.ss~.~~ of v . l 000 000 1 W ~►'ttl. ~ l0 F~eti~i yS WS s 14. I~ t1 , • g ~Y t~ 11 1f I E - - - - - - MAI 1rUb 9G 4 at0• rTa ~ ~'7al ~dsee • (9pv~ l~+s4J~ 9w l~•S~d ' I 22 L 'i i i BOND No. AE 6134847 PROlECTNO. CONTRAO NO. 11 qtoc! i "11 O1MOCZ 10" i TIM STATE OF TEXAS ~ COUNTY OF DENTON ¢ KNOW ALL MEN BY THEM PI SENTS: I TTtet 8 le Crest Cof%$tructioa i of n. ~ r,-=---._, ~~Y. ratat, Ani+tallar ailed Priaeiyal and _ ~ t Gulf tneurance Company a Cradood tattler the iwve of the Stall of H i a r o u r l b do -IMI basinae in the Stale of Taxsk hft*i"~q,iyd -Swy-, ant hdd and gmsybom did City of Denton. Tt%w a Mtmieipal CotporWo% in De" qty, Tta^ basWew Call ~ity' in the penals morOne Hundred Sixty {S 1670366.00 Seven Tnoue , M"jy of the Uniled SMU, for the peyw of wbM am WA WW tWy to be Made ' Mrs. a ~ ' our "'ta' adm(nia O'M nod amceeamM Ja * sttd DIY, and &Wy by paaaaots: bw of this Oblipdw it ad that: , sha Prinefpal etatend fob a otrodo ooetraet with Ownar,dated the day of __JILL. 19 0 in dy E.~ Poa Of which the City of Dtmtoo, iexaa, has an ioeeraK a aapy of which is hereea eaaeW f W aSaQe a pan harwf for she r tcoeattttion of. r -SAV& ill for I&& Subdirlaton, FN 3810 Dentee, ?e:ae, /j',-~: ' Pop 1013 23 ' I PE"ORXMa BOND I 1 NOW, ~RElORif itt"ArFneiv>v Ad (rttly, W tatlablly {o be . pt~o>ad sad IiUad all of dta undateWW ~ . $ad aoaamn,r -d C:la acaordanea wilt the Phtae, Spy end (C:cahct daring d w ai tweet fis s uW any aottaadon thImf wW h may be t~A Mtlt or widesd MXW W the I dur4'i € flea For life of any g+onwty ~ trAw dta Ceetaect, wtkh is leernporw* if wtittwa word haraia, WMI ahdl 40 Well and teuly canoe to be pwtmwd and fWIIWad 44H the some and OWAUoru and apewemy of lay wad W atalsoelted moddcadeee of Wd Convw troy haeeaAar ba made wludia& widow limitadon, ro remedy and pay for any &to* in nlatadai wv a dasaye to other work a fioiGtia wltkh ttball wppeer within one tbota the data of fituv compleeian ootW *f *W moduli oe to dw wary ban j trashy waived; t an tW obligation Ah-al be void; otha*m to tamale in ja brio and ems. PRO VMED, krdw. dw if any' tipi aetioa be triad ae ts4 lanf, venue W In Danroo A". dW MW Snraty, fbt Yahre teeeived, h,m*MPWaw aM ~~m dac „low exteaalee Of time, Aeration or addidw to the Ww of the owftc; arm the WO* 111W thereundar, a the Plane, Spedfic+mooa, Dm**4;r, gig, woootapawAM she terms OW airy wlaa aria t iv obligtioe ee tMe hoed, r nd h does 1 eesby tYdw t>ada of aay tateJt ebOeyt, of time, alwaion or addidea to she terms of die Comeau a to the *ark to be P&ftusd i Pep3ut~ ~ ! I%'~ I 24 t i PERFORMANCE BOND I IN WMESS WMMOF, thu buMgnrnt 4 vented in tnpkws. as of wNch "I bedaama4anod0W,U the 30th day of_jjly 1999 PRINCIPAL SURETY Eagle Crest Const"uctton Gulf Insurance C hpany BY: BY: AArFU R ,IN•FA A I I EST: SECRETARY NOTE: POWER ATTACM 0. DATicor BOND MVST NOT BE PAIOR TO DATE OF CONTRACT D TE OF POWER OF ATTORNEY. CBRIURCATION MVSI NOT B PRIOR TO DATE OF CONTRACTOR 50ft i tap 3 cf 3 E 25 ` i a i t ~ PROJECT N0. BOND No. AE 6134847 CONTRAC N0.ci PAYMZN'T BOND THE STATE OF TEXAS ¢ COUNTY OF DEN[ON 9 KNOW ALL MEN SY TNEBE PR rMS, That "Rip ten of the Cityol D n C0Ltity0f00 andtheStaasof 'tests as principal, And_ Gulf Insurance Company authorized under the laws of the Sut$ of Team to set u atuety, oon bonds for p i ipa1,, ar• held and firmly bound unto fall". OWNEkinthepenalsumof one Hundred Sixty Seven Thousand, dollar 167,366. , Three Hundred Sixty 5 x Q for the payment whereof, the said Prlneipae and Surety bind dwomaelves and their e^ ' administntars, executors, successors and aasitpst, Jointly and severally, by theta tsr WHERICAS, the Principal has entered Into a cemin written contract with Owner, dstedthe.- Aa dayot_,rul• 1999 r ~ 11,111,111 I1ILI: Subdivision, FM 1830 Denton Texas, to which commi h hereby reforW to and made a pas ?Amf et My and to the atattt Ifcopied at land herein. i NOW, T'HERItFORi, THZ CONDITION OF "M OILIGATION SUCH. that .if the said Principal sha11 pay all claimants +uPPIYi~ labor and atata{al to hurl er beotttraelor / U-J i r 20 PAYmEmr BOND in the proaeeutioa of the wotlt provided for In uld contrast, dm this oblipti sell be void, otherwise to remain In fWl foist sad effect FROVIII)n, BOWEVMk that this bond to execs W r,, Bast to the of the Texas Goverorneot Code, Cho t« 22s3 (VeruM as eyteady am")o and l1labilitiN on thie bond shall be determined in seeerdanoe with said p vv[done to die am exeesr If they were I copied at ienpth hereto Suety, for value teselved, stiPAW and AFeee that ao Qhm4A 4330014 0 of liens, Nteratioo or addition to the terms of the caatract, at to the work parknoW , or the Piano, Wo ificcatioes, or dranwp aeoompmyio3 the uaw, &a in any way aff~ In oblipdas on this bond, sad it does hereby waive ootios of say such cbaap, ertho" of atoortition at addition to the tmsas of the CMAC4 or to the work to be perfbrated daseaunder. c f f' A' rye 2 ~!s 27 1 j ' I I` PAYMENT BOND E I n' WaMS WMEOF, the said Principal ad suety have ri 1nsUvmantthis 30th saw this - day of duly lp 9 i UA~ Oulf insurance co any Pp JNCIPAL SZlA.EFY i z BY. BY: / TrTLE: a r e a r 'tnU: Atty-in-Fac ADBXESS:'a' Ik .2102 ADDPW: P,O. Box 70754 ~Dantoa, Texas 16202 Ft-Worth TX 7614 f , (SEAL) (SEAL) 1 i II The name and addreu of des Rasidaat AMof Surety Ea: Mark R. DeHart P,0, Box 470754 Ft-Worth, TX 76147 i jF F. i • Pap3of3 I l 28 i G ti I I GULF INSURANCE COMPANY BON ST.LOU~ MISSOURI NUMBER At 613484 POWER O"ATTORNEY ORIGINALSOFtWI PO "T Lux SAFLTI' OFFER WITH TG WERL OFINK DUPLIATT Z"GTai CARLTRLSHALLLEDNAVON'aolHa um NAME,A PHEuCIPML CITY,STATTEE, , 21 21 AME FORCE AND EFFECT AS AN ORWPIAL ONLY WHEN 18811ED iN KNOaWWTa ' AL 1N ALL MFWtrm BYTHEMUG SE FM RAESSEMM TWO the ddr mwnnca Cont. Eagle Crest Conatr t1on o y, I c rl Slot Ind4lhe , Yowled Weir his low$ or that Sou of mmourL hninl P.C. Box 2702 ptawaal b Iht f011awie(Iddunohi, adoytad by the AwoA Eucutrre coounma dthe Iota dDhY,ore or the mA Denton, TX 76202 Company on me IOh my d Au(ua, l"x, b wic RESOLVED, Out that Prncdanc Eaac"ve mu Pnwdsnt m Uy Sea'ae like Pmidem of Mt C,impuy ekll Mae eotiwrity n make, etevme and daheu a latter of Anowyy rnmummml n Anorney-wltjc, tuA p~erfaooaaeei isms, a =ON u nu be fekoud frcen uma b htnt. W any eoeh Ariwmjida-Fm ouy 3a meovad and du auohority {{hinted him rooted by the heskea• or an) Eaa4are Vice Pm dent, or any am Vke Pnadem• orb die Rated d Dfrenan or by tM Firunce and Eamw9vr Commmee dine sow or DMectan. 7/30/99 RESOLVED, thm mNm( 4 Chi Pow er of Amrrwy almU be eo"Imed Y I Vora Of wiM+riry to the artatne)(IHfl-rata to liM fXKWI . Yknowladp, deliver m ft. arwlk brut a omic n hua of lnumnea of behai!d O4M Ink"Xe eomgey T AMOUNT AESOLVE D, Nat the ais utat of tM PnHdem, Eewutlve Vice Aaidem or any Stniar Nee Peudem, Yd Ne Sm1 or the eomnady mar be armted to my cacti $ 167,366.00 Power or Aaornty or lay caroficate n4ten( thenta by ,aalmt4, and A) each power W anaC4ltd and cebfW by ralmf4 IIVIYn end fmimik cal e b valid aed binding opohi IN Company In the futon with reS~peet b any hand nM JMUMtlW nltlinl to uKh WOW m 00 they are attacbe6 L$167,366.00 041f Im mame Company don hereby makt. comblW am appotm i Mark R. DeNart of Fort Worth, Texas „e 4ue end 4w N1 am+meY,~eyin•fwt with NO powa and wthoAry hereby eoa4md 4 Ar note, place atd eWd• Y don, eaeceµ nowWde MI /aRw id Iti 1df. u aunty, any Ind aU 1K and Yndenaltto I durdryat~ % and to kind Ooll hwwti Camyuy damp Y Noy W IQ tm Ytw Yk bads, under- Chill and UW111nn n44'nl W Such boade arZ umrnJtn(. cam wipe/ yyyy Ile dWy auage4W oRba efd~ O4N hwwttoa y rd ao aed of elk anuere)trnin•IrcV punwnt to the auNOnty Mnin pvman Mnby tahMd andcoefkwrL TM delilannn of+M Compny shall him eeeed one miplon t I,t1AI.OdOt dolor, IN W't l*NW W HEREOF, tM 64111+wnme Cotspasy hr:v ft W them (pry lobs elpwd by AN ~0161 CM Of Yk Rat Cef}aetY Seal ib 1 be hereto *Mud. 1 'tyMAee 0 GULF thSV COMPANY SEAL ktaouw" Gi~ e~/ STATE OF NEW YORK I CheYtt(be L . Wow" COI MTY OI' K14GS I G the I R dry of yore, 19% A,D Dafele of teat A1rIrloVbrt E Waytn yrot M M Patttnep wM 1eRy hl Y ett/a, rd.opm hid Yyi dSa be resides In Um Comp of Wet &;;r. S4Y of %I, YM• Ibn M I 0"I RdtleSee areas Goes literate Gaydq, efd 0 Pawn almi Isuy which executed The abate lrwvvl~leRt1 chill he ko m the nsl of aW a mprtaeaI W eat reel ee4W le tM nk Isaln Y Sari aquW "*that It car Y M1 ed by "der of the eared d IX thew of feed ear poretaae srtd tilt he a1pY bi assn, MtMt by IM wifAa ,~+ae° a Sato • AL I'm STATE OF NEW YDRR 1 COl'N?YOFNEWYORK 1 ~~~120" If,fIM 1, W undanlpaL Eetotlte Nee Ines," tf the Golf ltruam Cos"", t hllnunl Cory immadod, DO NtISST *W 'see MtpYy tM allwdNt Powell OF ArTORY[Y ""W-" It NI faett. JJ AS I Slrttd teal SIw4f ill the Clay efYew Yoh. Weaaoe - ii BEAL a D" at 10th :fie dulyi 1#99 i V S• wIFAt 29 tswo"vw i L ~QeQ 07 ~ ATION ~ylyw TMM ~IOA 10 IlOY A A MITT 0/ WAG OIAY AMO OOIMr10 MO Ai IR W011 TMI C1ITVIOATI F OWT>;D MUTUAL INiYMMCt COWANY Mo. T146 CPTlPCAr~ o u looT AMtao, CRT" on PO~'&vit, D~►ujniA AV/, SUIlr 250 A roll covilm.- A o v E r~tal~ Aaow. hon1; 00A14 s6l6 earAYr rlDlMr1D MUTl1Al CAI~AHY OR memo OTflee: Ow110nn1 1MN SSCBJ 1 r10lMTlD 1lINICR II UINMCi COII~IAtY 3" W4, ,w yaw/ AOIgCl ST CONSTRUCTION a e'1 Ij?7+00 1 ENTON TX 70202 tlWAM THII '1 TO CMTV'I THAT THI FOL" 01 WAMCI LVV PLOW NAVI Mm MID TO 'HI #*Wg6 Aw" rOR TM p"If MO , M04ATIO. N0,'W WAN M AN7 AMUO MINT. TVW 04 0040RI0N Or MY COMMOT OR OTMM DOw1 W1TH mum. 10 WreN I'm etMV"TI ►MV M iM 0 Or WAV PONTAN. TW INMMAtd4 ANOA0101r THI Mxrl" Human K 1VL11LT TO AU. TM'MMI. v MA "MA MIA tAftylto-ho A t t. t P MIA 11~11 rflr Y sw4kh" Nun INAM1 yryW N I Y YYMA'TI ~r IIYLU OJ" A 1 OMY/rllk NWI 1RIH A'•' IuAUwrelurl 04lOA31 06O1N1 CSJ01100 "oh a it now* awMr /w A n1[TM061zo rT~tmw .1 L, t" "Mam wy VA 60 1 log, Y 1 Lbaww" AI.Y a W~ry wµtl 4Y/J W R ! 1 1.D00.000 ILL OwNW Iy~// I '1 ~A IcHrvJ0AUro1 I p130431 MI MI 105r010 naw" ~FA!IINIr + 1M TI f ~ M/IAOMW Aufpt I + I lhu1 1 11 MIr~MT~' IAWM 1 w4nT I ~ ~AwAUfe _I I ~ r r, -r._r ~ I W Ixnr A urneulDom 9138472 06CIM 06101/00 I II tvAH ! MtaNfM gY1MMTIrY IM r ..e u r 0/1/1'/0 WYM I M 1 IIW 111r111tI" (~w1.. ! YR rAwhip UAt,nnt r~ Gomel t rnw 1 I~All/Irr /r rn1YrM/ANArgar/~«/WNtt.Yl nil/ ' Yt A"AMMr r/N wmwv~ ARTHUR V KING 6 REBECCA 0 IONCI Il am"! v "0 AMN wosIw pww r bNow am TM CITY OF DENTON IAn11TAA IAn t~ TM " M'a'rw" women ow MI OREO EDWARDS PROJECT ENO'NUR 3C. MTt MIITIIA w w n TI 59?W W" +wM 11061110 If Iw On 31SSLOCUS T r/1A1A.NtaltrrlMT1 1At.11lrlM wAIM , DENTON TX 70201 A aYT IMrr I f' r. 30 1 cMe IMM N0<IMNT COMM Too PoLm. MAN NW"dowpl v. AMMML M NO.O*4W U IBJ OR dOWRAMON - UMMUD MMIIMON OR OftANRATION This random"M naMn Ywom FwAdod u o fig m w q. COMWACML GIMBAL LWNlIY CO'VDAIN PANT f 10110210! NaM a p+rwn rx fM0aM0t*rr AR110,R v xm 6 10 IWA 6 R4 cm Or Comm ow mom ym3wr am"= Us0to= Dofm TX 16701 fN no M6M wow a"6. 11m WIN. r"t&W N amob ! lAM IMMOSN+art vMbf ow n h rM 0&dw& m a # *plow b 61M 1 0) Who N Mt IrwMN (fir 4 M anMM6 N MroMi as a} fnoaN Mn paMn a y1gM1 b MN ldM", W any vAh r 'WM N.khft a" w! al Vw r*Aj «ia.Ma. piAa~w'~MiM "ft p r AOTAILMWN Or MA7XM 6 tl11aR LDW Amrr=NALLV tNKIM AMU V XW 6 XM= 0 KM (=90), Crht OF DOM Afro WAd votIMM ) Alp THM XWACrM 0"=AZSt, Ar", DOW= Am fT It NJ d= A== Mt "M rgrlNriA'i 1MMM N MS tIr70 WkW 18 MI1DW. ODOR P016W= AFPMW W 110 A=TMNM VWM WU w mw are AID mu wt mmnm vnii, in f7611/MNR'i'AIm* Nr 11iS/ Qm0f00w, r I r IfYlYnlrt LUBLCMT 0O!iT1 v"m PO UK f97M TK 76207 000010 CGWWK twe" 6MMooo OMu. UM.. 1M6 (03.61}4' " Nunia 9136132 I%o*s! 07-27.19 31 ca 4L CERTIFICATE OF INSURANCE i mom fCTd001 EAGLE 2E01 CONSTRUCTION DENTON TX iS202 J i OMAWTION OF 0►ERAVONS/LOCATI0NEMHICIL tt1M DIAL ITEMS ! THE CERTIFICATEHOWtA, THE CITY OF DENTO4. GREG G►NMAADS (PROJECT ENGINEEA) AND THEM RESPECTIVE OFFICALS, AGENTS, EMPLOYEES ANDVOLUNTEEAS ME ALSO NA1IED ADDITIONAL INSURED FOR GENERAL LIABILITY CCVEAAQE PER 002010 ENDORSEMENT "B INSTALLATION OF WATER E SEWER ONES SAO POLICY SHALL NOT SE CANCELLED, RENEWED, OR MATERALLY CHANGED WITHOUT 30 DAYS ADVANCE WRITTEN NOTICE BEING OMEN TO THE OWNER, EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NON•PAYMEN' OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED. otllflp"?l NOMA ARTHUR V KING S. REBECCA 0 KING 12 E CITY Of OENTON 7 RE0 EDW DS PROJECT ENGINEER / DENTON' TX 70201 r 32 4 r. BOND No, AE 6134847 PROJECT NO. '3 CONTRACT NO. to C/ PERFORMANCE 130" THE STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: § That Eagle Crest Construction of Denton County, Texas, hereinafter called Principal and _ Gulf Insurance Company a Corporation organized under the laws of the State of Missouri and authorized to do business in tho state orTcxas, I:crcinaflet called "Surety", arc held and rurrtly bound unto the City of , Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinaller called "City" in the penalsumof One Hundred Sixty (S 167,366.00 )dollars, lawfulmoney Seven Thousand, Three Hundred Sixty ix O or the United States, for the payn•^.nt of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents; THE Condition of Ns Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated 0th ,the day of J u 1 y , 1999 In the proper performance o f which the city of Denton, Texas, has an Interest, a copy of which Is hereto attached and made apart hcreof,for the construction of Water and Sever Utilities for Regency Oaks Subdivision, FM 1830 Denton, Taxes. Page 1 of3 33 ~a • PERFORMANCE BOND I I f NOW, TEMREFORE, if the Principal ahap well, tntly, and faithfully C&W m`_ and fulfilled all of the undaujinS; C0a4 terms, cooditioas, and agreements said Contract is accordance with the Plans, *epbationa, and Contract Docuromus during the on tarn thereof, and any cx:=iOn thereof which maybe granted, with of without notice t0 the ,and during the life of any guaranty required under the Contract, WE A is as if tvtitten rd for wont herein, and shall also well card truly cause to be performed and firlr tree all the eo ,er, tarns and conditions and agreements of any and a0 atr lorizad m"E"doy of said Control i at may'Agzafter be made including, without u6tadm to remedy and pay for any defects in material workmanship or danutge to other wait of facilities which shah appear within one y from the date of final completion rotiee of which modifications ti dw surety being hereby waived; then the obligation shall be void; otherwise to remain in furl inane and effect, PROVIDED, furshef, that if any legal action be flied an :'tis bond, venue I lie In Denton County. AND, that said Surety, for value recsived, hereby stipulate and agrees that 10 Chan extension of time, alteraadon or addition to the terms of the fanlract, or to the worst Pat rwnw thereunder, or the Pram, Specifications, Dnlwings, e24 Accompanying the same chap any Wise Affeel its obligttion on this bond, And it does hereby xdve notice of Any such Change, mtension of time, alteration or addldon to the terms of the Ceotfsef, or to the work to be performed &nwWer. i r~ A: i r. Page 2 of J 34 CPERFORMANCE BOND IN WrfNF_SS WIMEREOF, Ws Ins CM is executed in tdpLeate, one of which shall be deemed an odpnat, this the 30th day ef_ 1u l r 19 99 PRINCIPAL SURF,Ty i Eagle Crest Construction c By. 4ORNy. ATTEST: I SECRETARY I NOTE: POWER' OF ATTORNEY OFSUPM MUST BE ATTA DATE OF BOND MUST NOT BE PRIOR TO DATE OF COMI'RACT D TE OF POWER OF ATTORNEY, CERMCATION ~S7 NOT B PRIOR TO DATE OF COYTRACTOR BOND PIP 3 of3 I 35 ` l PROJECT NO - BOND No. AE 6134847 CONTRACT N0. PAYMENT 13OND THE STATE OF TEXAS COUNTY OF bENTON § ! KNOW ALL MEN SY THESE PRESENTS: That En a 1 ion oflhecity or D■ntn_ reYa,.~ Countyof Denton and the State of Texas As Principal, And_ Gulf Insurance Company, ' authorised under the laws of the State orTexas to act as surety on bonds fm prin ipals, are held and firmly bound unto _Ci r r e r n OWNER, in the prnal sum of One Hundred Sixty Seven Thousand, - dollars (S F67,366. 0 for the a Three Hundrrs Sixty Six b 00 10 F yment whereof the said Principal and Surety bind the nwives and their ein, , J administrators, executors, successors lad auiges,}ointly and severally, by thew resents: WHVREAS, the Principal has entered into a certain written contact with the Owner, ' dated the-+k-L= ..dayof_111, 1999 I i Subdivision, FM 1830, Denton Tessa. to which contract is hereby referred to trod made a part; hereof u fully and to the a extent u ircopied at length h tin, NOW9 111EREFORE9 THE CONDITION OF THIS OBLIGATION I SUCH, that if the said principal shall pay all claimants supplying labor and material to him or subcontractor 1 38 I P u ' PAYM NT BOND 9 in the proeecutioo of the work provided for in Wd contract, then this obligati shall be raid, otherwise to remain In full force and effect; PROVIDED, BOWEVgRt that this bond Is executed pursuant to the vi tics of the Texas Government Code, Chapter 2253 (Vemoq as currently amended), tad Wilities on this bond shall be determined in ueordanee with said provisions to the same weal as if they were copied at length herein. Surety, frr value received, stipulates and agrees that no change, extemi n of time, alteration or addition to the terms of the contract, or to the work performed er or the plans, specifications, or drawings accompanying the same, shall id any way aft its obligation on this bond, and it does hereby waive notice of any such change, extension of e, alteration or I addition to the tents of the oontrut, or to the wort to be performed therrunder, i i lit .4 Page 2 Of 3 31 G PAYMEP7t BDND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 30t_h~dayof July 19 99 Lm 1e Crrse c eeioa Gulf Insurance Co pan PR ,CU, x j SURETY i BY: BY. TITLE: _~'Cl7a r • e a r TITLE: Atty-in-Fac ADDRESS:, o. Bas 2702 ADDRESS: P.O. Box 470754 Deaton, Texas 76202 FL.Worth TX 76147 (SEAL) (SEAL} f The name and address of the Resident Agent of Surety is: Mark R. DoNart P.O. Box 470754 Ft.Worth, TX 76147 Page 3 of 3 38 f C: t, +rIf GULSTLO IS.MISSOORI HUMBER AE 6134847 1111111':1((11''11"11114'sm IIII K IVIIm II' IIII5141111k w IIIII Roil Ik►. I-RINI LH ITN 1u.1'►', NAITT ADDIRESS :r 61111% 111'19 "l lit 1►Al. 11I tl1I'LII Alyti SHALL IMP. pill RINGPAL: CITY, STATE, ZIP \%`T[I I I I Pit 11%%111.1 IF r," 1N IIII itJN 11.(1 N1.1 lellh.N Kid f.11 IN ' U\JLNIA10N 1{I I1111IKI1k16IN,1I. KNI PAN ALL MhN It Y'rIlL51i)ORLSTINtf'. 11wLlhe CUlnwnuk'r Com• Eagle Crest Construction rill y, i 1,1111"M INI 1Inly IWei n IAq IIMLY Iflt law%IIt Jim, Sim Of M 4,ourl, hAvinp P.O. Box 2702 IA 1,0 hrrJlnw4 he lki nnk, IT, 1l,ivt14 uhl'v lpl unn 1nu~e d I11c ll,ulific fd of Dirmors Of the laid Denton, TX 76202 llmgl" , ,.11 IIk• Itkil dal ill Anl'n,l, I'e11. Ili ad: tea 5111 \ I 1 0114 11 h: Hv,A Ili, I t't lunv t'k¢ 1'10411111 uoy titnew Vlet I'Ir1 khnl d"",i I11'o'ly,hall 11.11a:nllk II1110111W1v. 1'1,\Ill1'laJ IkllI l1 aPM1'r ,I \I, i 11 1 I . 1011.11111,1:• J. 'In. .1 ik I III ICk I,,okit1, r a x1.. 1111111. It rI VIII r.n 1g n, IH 'llil N y IA 11 11 11.. 111 link lu 0111'. :Old illy 11111 AllltQ'r 111 Ik1 Play N, Irlln4'C'1 •,,,J Ian' igh'int pawed hvn ovwl hr Tilt I'rc.nk'nt,,W ay Lanwlna Yive EFFECTIVE DATE I''e.IJr1n. Ir any Svnnw Via Ihaid.nl, III hv the Nlmrd of Diftitvi Iw by the in.lm a 0111 1.11ruln p Cu1nn1111et• nl Ilk: Ihwrd o llirekllx,. 7/30/99 kl .tiUIS 11), IIwo 'whiny In Ina HIxrY nlAmwlk'l.Atilt he Ia+muued i4ayraN „I MIIllullll II ilk JItIf 16',I V III I►1 I,1 jell.""oil(. NIL M Okk*'e•JI;IIY.Y Iw In , ,'Ian' i.vkilxdr1,u 11dulvl nl iuw"ilkr un lk'hall ul(wll lauwunrt C,unpany ak CCINTFIACT AMOUNT +I' I II 1111 Thin IIk' "gilmin.' In 111' ple.111,111.p,01 1, 1'hY I'or I "A or t I 11n\cw'n1'krI'Ir,,h'1114*1:k- Nk-A.I 411. 1111nINln Pm h•ld ri IT 111 any Hkh $ 167 r 3 66. 00 I'uUCr ill All, ll l,C1 k dill arrl Jical. !l'1111oy Ilitton by I.k',Ilrfeand Ylrpp ,Ik f11 11rev11 r,.', n4J 11111 rI hfk'J by 1.1viu11k Hym,wre and a,Fn i k' sal ,hil l k dONO AMOUNT , i11J 11161 Uun Any ulkm ilk 0"llpany In she 1'ulurt »ilh repast M any AmJ dnJ d,ku Im il, relalln 'ly to, "Kh Kvd1 has uhluh ho-To pre va,$ 167, 366.00 hrJ I:'JI Iaunux "Inlwnt J1k', iefthy malt.vvn%:-,ulr amid I appli Mark R. DeHart of Fort Worth, Texas 4 11th' Onj $,N Illl JthY Ik91,I.Ill L11, V Oli 11111 into and initially yk, 0') rllnl'l-rred id Itl malt p;xt and ,ItA III lull, elh'Wt, a ldru Wge and Mot et in IT , hilt-l, lurei r ally alkl111111,1611 ark(unJ,'ndliey, A 1mely,hip, and ul hlnd rif luwmlxe Cuill therthy at filly klkl kn the wmt nleM:, dmry lkmd%under 14 1101 1111111. k111 Ilk 111% N•I.u 1110 hI 4k 11 Nwklk uoob w Ulllh'r14Tt 110 »rn rlpnrd h ite duly autlN4,tl nlnrer ld the dill'lnwrama Cllenpany aral A The al, nr kind ..11.1 r,r,r in Lk 1, pill 0Ill Ill ilk' 1lnlkniry hellion Viiel;Ire Meby raufkJ arJ cnnfinrxU. '116' Iudry'a11"u nl ilk 1'uagtauy hall n, a r,nvj Imt wli itm I I,tls llh Jldlun. 1-4 N I lid AN 1{ III'.141 OF, The I:ulf rmurunve I'nmpllny Ira awed Them plwnlt It he elpnd by any o&wr of the Company end IU Curpuwle Neal in In' hrrWP uM,l'11. 0 'ig4a6oraet y t 04 GUFFINSURANClE COMPANY SEAL ~'eeoaek t,1/ 1111( ell N►N 11111N 1 ' ('hrhlnphtr F. lllat,lln 1111 NI I'ul Wool i NN PrtkIiiin1 I In list To lld 1 .r hone, Pr)fi it.. Iktun Inv Aunt ChriNpher C. 11'alm"N 11TWIT hl me penlmellr rh.leLlp by mt duly a•^trn. did depart and wy; 111.11 ell' rl" ddr', 111 1114. ('"unit Id {{'HII'h11t1'f. N1d1t ld Nt» {rMI' that he h the Priddtnl of the tJulf Imoraatl Company, the tmepurillae dtltrlhed In end k his h rteutrd lot Itwoe Imlrunlrnl; that he Inuut the xY of ilk nlrpunllunt that The weal omtd In the staid brttrumentt IT eurh ttrpnralt Wei; that it a w 41 al11uW by ordrr d the Ihwd of I)IwInm Id rald t'npdratl on and that he dlit"M hit name, Iherette by Mai nrdn. M11t' SP1RO x. ~ANTIS 511e4tYaek 11 11 F.QF NE11 1tIM N' Ya ol 61 'h 1 I INS a9M1ed In Klnp nil N i l 'IIF NIA1 Il)Nh I Cometw Kyka Addy IL 1000 I. lilt anll It R It IF it ►trrulh T:f' itni Pnt in In full IM Cull' fa unlw'e f.lunpany, a Miatanrd Cllrpneafkn, DO IIF.RF.aY CENT Ill the The GltrRninp and A It IT'lone aniJ1•A I't151►R 11F,`fldkN►naim full Wort. 11 Nlunrd dud k'uled it Iht l'Iy of Nr» Ill 0Wnanet e at SEAL 9911,11 Ike 30th ;,yty dull I999 ~'tlow~ 39 la»reMe P. 11inlley 14 QBQ, ,,•n ' ~ I 07/27199 TaeueSl THIS CERTIFICATE N ISiUED Ai A MATTER OF INN MATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FEDERATED MUTUAL INSURANCE COMP ANY NOLDESA, THIS CERTIFICATE DOEe NOT AMlAD, Ex1FN0 OR 2400 W.Ounlep Ave., 5ulb 250 ALTER THE tOV CI AFF090 BY THE "CCICS OELOW. ' Phtervx, AI 85021 COMPAN114 AFFOADWO CWIIAO[ Phone; 002.844.5568 I tey.w FlOEMTEDIAUTUALbISLdW1CECOhPANY OR Herne 01646: Owatonna, MN 6506? WERAIED SERVICE MURANCE OCIWAWY AIUno ay C a EAOLECRE9T C09IRUCTION PO BOX 2707 DENTON TX 76202 sewer e cowAAa 0 TNII ~e TO C1" THAT 01 POUCRa Or 1142~1 LISTIO WOW HAVE MEN IIN:EO TO TN! &SUPLO NAMED ABOVE FOR THE POLICY PERIOD 1NO GATED. NOTW HSTAN0AN0 ANY At"IM(MINT, TARN OR CONOrr,ON Of ANY COMRACT OR OTNAE DOCUMENT WRN RlgIC7 }O UUISeN TN11 CLIn CICATE MAY %I ISSUED OR MAY PIMTADI. TW INSURANCE AFFORDED By TVR POLPFS 01 _ LA[lU910141 AND CONDTONIO 1CRe10 MMLM H EULtCT TO ALL THE ?NMI. 1UCN lOLICI!_C 1IMRe SHOWN MAY IIEFN A OCO IT PAID W 1. ue 7rloawwAANet Weer AVIAMA M4oA'A ie4~rl +A'iAriruM~•sDnn ur7l IaI1NAa w/AJ7r I Nl •CIRWN 1 OMMRCIN gA6aAL SANDY MEOW •C1Wg1 I A •I' Me e1 MAGI: X[~]eteuA 9176431 06/01189 OS01/00 AN AaY I 1 ewNtA' 11 COWAW0114 MY M 411 I AN a M. • I 1 Mt0 w AureAwlu re op" e w n X AWAUTS egklrleeA7AllwIT 1 1,000,000 I~ Au 1"M Aura I AHlneouuoAwet 9136431 05101!89 0S'01100 Flaaur ' X 1 NAtO A~Oe K IIIA ONAIO ANDS BODILY r 1 rA0NA1'/EAWet I awr 1MIYTY - avtool r, AAc AW Au10 A r AAVre OIIYI A8WAATfi rccu wwAn IA 4 A 64AIR6IAAOM4 9135432 05+01199 05/01100 1 eA 1 e tiAnANUMUnuAOAYI I w0019PA toMAWI1AT10AI AND IPgm@/' lUwm I AA I^ IA1 PROPA47ON F4MMAIAA1CV11N MR 1 D OIA1 AMI t%q ChAtAg. A eMP /Y MVigI W ORMISMIM 1A7gMMAICMIRAlAW1 RN1 11 E AlTACNIO qel ARTHUR V KING b REBECCA 0 KING 17 1MVr ANY a TIW AwN wales MON Ad SAWSUp MIN VIN CITY OF DENTON IIAM"" "m 1"0140- M SWAM 4NOW aAIA SIN MAC / OREO EDWARDS PROJECT ENGINEER IL DAY1 wpm" "?"To ui M IM" Naar VA" rI IN WWI. A 3159 LOCUST DENTON TX 79201 Auf Nrlr AfM/IeI rAillq AAA., ,A d 40 THIG ENOOMIMeT OW MS TM POLICY. PLEAn 11UM !T CAREMy, ADDITIONAL INSURED - OWNERS, LESSEES OR . 66NTRACTORa • SCHIDUUM MASON ON ORGANRATION TN3 ondorumoM ma"s kwrtms wovkw k4a hi mmAnp: COMMERCIAL GENERAL MUM COYPAGE NWT fNAi~E Minn of ft"m er Ottiwftmlm AMR* V KIM V MMKI i1 4 RII7G cm OF DORIC". Gim 1a throe PRG7)DC1' 315 S LOcm DO?= V 76201 (If no onlry APP"n +bovb kdwmta M I"WW k otsnpMh Ihb otrlpMmMt wil a ttwwn In fM OsNrotlona sstMombN to WsoWso^MM.) Who Ira An imumd (Soo6m I) Is smor&d to kwk* a M kabrod t4 pwm a c1qu Gon shown h ft ScMdufo, but"wAh fos"d IcAmbft t i*V &A of Y?w ongrA *sfv6m pw(orM W tW hwad. ;M I WTAIL 101 OF WATER 6 MM UM AMITICMLY IMKMj r' X "M V KM & RMEOGI 0 KIM (Cien), CITY or Ooam AM GM Mwim (PROJF•CT lT1GIt m) AN TMUR mBF'iti ra oFSSCIALs, AGINMr 1MFSGnu AND Voukyrm fT IS FUMUR TYAT IM YIfSURWM PRO4MD By THIS XMDDR DGW I9 FRDwy, onsR INOUPAMM " 40 M AMITICIAL INKM WAM BE 003: B' or, ma DOW NOT o01P1Ttaft lti'11(, TM DGURANCE'Pl4v21Bm By THIS ESOMEM M, IMUnd: EhMICHM OMSTRUCI'IM! PO amt 2701 DEIJiW TX 76202 j ! V htw" CO 2010 (03.0r)A' ~PYr19M PONY HttrrdNe I 913"32 1ab lffsslNo 07.27.1999 41 I CERTIFICATE OF INSURANCE ~ola~o ~ EAGLECREST CONSTRUCTION PO BOX 2701 DENTON Tx 78202 DESCRIPTION OF OPERATIONI/LOCATIONBNINICUIVII[CIAL ITEMS THE CERTIFICATEHOLDER THE CITY Of DENTON, GREGLDWARDS (PROJECT ENGINEER) AND THEIR RE3PECTIVE OFFICIALS, AGENTS. EMPLOYEES MD VOLUNTEERS ARE ALSO NAMED ADDITIONAL INSURED FOR GENERAL LINIILITY COVERAGE PER C02010SNOORSEMENT, RE; INSTALLATION OF WATER A SEWER LINES SAID POLICY SHALL NOT EE CANCELLED, RENEWED, OR MATERIALLY CHANGED WITHOUT 300AYS ADVANCE WRITTEN NOTICE BEING GIVEN TO THE OWNER, EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NON-PAYMENT OF PREMIUNk W WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED, I i ~ r I' achnrleAn Haag ARTHUR V OF DENTON REBECCA 0 KING 12 CITY GREG EOWAADS PROJOCT ENGINEER A 315 S LOCUST j DENTON TX 78201 J I ` 42 i t' i li AQends No,_ r 44rda film AGENDA INFORMATION SHEET Date___._~ AGENDA DATE; Dcccmber 07, 1999 DEPARTMENT: Utility Administration ,~r~ ACNI: Howard Martin, 349-8232 1+" ~ SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN TI4E CITY OF DENTON AND THE PRESERVE AT PECAN CREEK PARTNERS, LTD. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The Preserve at Pecan Creek Partners, Ltd. is developing property located in southeast Denton (see Exhibit 1). The nearest Chi of Denton waterline is located west of 1-35E just north of Post Oak Road, The owner will have to extend waterline from this existing City of Denton waterline to provide service to the development. The City's Water Distribution System Master Plan calls for a 16-inch waterline along 1.35 and Shady Shores Road. Based on the proposed population density, this development will need a 12-inch waterline to serve their property. The off-site portion ofthe waterline includes approximately 2404 linear feet of 16-inch waterline extension under 1.35 and along Shady Shores Road, This off-site walerline ends at the intersection of Lakeview Blvd and Shady Shores Road. The cost participation for the off-site portion of the waterline is $41,830.88. The on-site portion of the waterline is along Lakeview Blvd, and consists of approximately 6100 linear feet of 16-inch waterline from intersection of Shady Shores Road and Lakeview Blvd. The cost participation for the on-site portion of the waterline based on the developer's cost estimate Is in the amount of 5113,143,75. Staff recommends approval of $98,176,75 for ovcrsizing of this on-site waterline. This waterline in addition to Preserve development will provide service to any future developments along Lakeview Blvd. without facing any capacity and pressure problems in the system, OP IOwS; i Funds are available for ovcrsizing of the waterline. Installing 12-inch waterline will limit the area of service and will require City to install a parallel line to the 12-inch waterline for any potential future growth in ibis area, 1 G RECOMMENDATIONS: The developer has submitted a request for reimbursement for the City's oversize participation. Staff recommends City's participation in oversize agreement with the developer. PRIOR ACTION/REVIEW (COUNCIL. BOARD, COMMISSIOM Oversize agreement approved by PUB on November 15, 1999, ESTIMATED SCHEDULE OF PROJECTt This project is scheduled to be completed by January 2000. FISCAL. INFORMATION: There Is 5100,000.00 allocated In bonds every fiscal year for City to participate In waterline oversize agreement. A copy of FY 2000 CIA sheet Is attached (See Exhibit III). Remaining funds will be disbursed from the Capital Construction Reserve fund. This fund has a balance of $250,000 (See Exhibit IV). When a developer extends water or sewer lines into an area, the developer is required by the City's Code of Ordinances to install water and sewer lines of sufficient size to serve the new area, BID INFORMATION: None MAP: Exhibit I Respoctfully submitted: ✓XS 4d Tim Fisher, P.F, Assistant Director Water Utilities Prepared by: i A 61 1 (~Vwwct_ - - I P. S. Arora, P.E. Engineering Administrator 2 I 4 I t Exhibit l: Location M►p Exhibit 11: Cost Estimate t Exhibit III: FY 200 CIP Data Sheet (Oversize Water Linea) Exhibit IV: FY 2000 CIP Data Sluff (Capital Construction Reserve) Attachment l: A.-eement i f 3 t c: - - - - - - - - - - . The Preserve at H Pecan Creek 16 Water Lines ~~9 ~~yYrt.,. - i. L Oversized s Off site Facility AAR i. - d M1: t, ~r Oversized F y On-Site Facility w~or A , EXHIBIT I I 4 r, GOO DMN I Y CML ENGINEERS PLANNERS. swlv;y0" MARSHALL %'o~ember 3. 1999 Mir Timothy S Fischer, P E Assistant Director, Water L'tlltties Cite of Denton °01•A Tcstas Street Denton, Tu%as '6201 RE C,,st S hanng fcr the Prescn'e at Pecan Creek. Denton. Texas Dear Mir Fischer Enclosed please rind supporting documentation regarding the revised cost sharing for the aversizing of water distribution factiittcs for the above referenced project As you are aware, there are two d,stmct areas that cost sharing has been agreed to as follows 1) OfTsitit Water • O%trs!ze born I." to 16' J On-Site Water • Ocerstre from IV to 16" l 'enclosed please find support documentation r esuitintt to the follmvtng City parttcipst,on 11 Offs,te Watet • :5" Rater • 5264,591 3$ 12" Water • V 19.51 S G' City Participation 345,0'6,1E 21 On-Site Water • City Participation • 5113,143.75 Attached please find the deduct related to the moditicstions recendy proposed by staff Aiso enclosed is the original increase due to the deference to piee size mandated by the City The figure as shown a.ove results from subtracting the savings as included in the Murray cost breakdown for the revised plans from the original add for the pipe size increase s EXHIBIT II t 0001 emwt Srrsttr, sums: 100 / roRf woom Twat 741 12 / 617.429.4373 IA 9M) Lfi. TInroriryFuche►, P.E. .1ovember 3. 1999 Pags I oft This results in the following participation for water distribution facilities Total City Participation • 5158,220,03 Please reklew the costs as indicated and advise. We request that this issue be brought before the Public Utilities Board and City Council at your earliest convenience Please feel free to call me if you have any questions regarding this issue. Sincerely :~oodwrn andAlar (hall .'nc D Mitthewy Goodw ri. P E I D.M. jc .c Mfr %larc Foa ik Ilk 8 I i I C049 i VotetAbe+7, 1999 i OoodwA i Mur1W7 auol e~d6t x s.~re tao 6a1 'A 0111. T% 701:: A,7 Mat OoehiA Sulltat Liejoitte si*4 tema hWM u Poem Grta 0~11111411" 610 wrre'a IP' 0LWII bam Dole, Mr Good% ?o Wr ofiat Of icea,•8 0 -itier30 to the abdot•tfetrrW pkect no, .,g x011" 0.r.r.u.ef tht n5t rtanr ar o! 7111'1 end aye rcutarr 10.11.99 model :ue.ue 11M %1& .1117641 77 Atre$" ed 00 Lummow. 11.6 w i1 "e 9J 4ya71o OdlerrAtre 1!0!46!! TPA of RlOAS W1f of6"It%cWatrforaCed"Mam 1 f ol6'• N'c wits, ,rat 11 delucbon of 121000 6 to W6"00fevrj'j&sa11farecducrelcf UW(l N , to et6" clip vale! Bee fa 4 arlNt,64 of 119") N to 01 CSenned to 121611111 Wow ~ Lm to .ecNUUOnof $tSOM t7 rof''"4laftryfeeaddumenof 111!1 it of 61" SIar OR valve !at 1 eaf xlian of Srf~tn tees 122"67 +J i a Standard Plot N7draAr Aeartnlly f0raj addioeA ofDIfIONS llovare, ,ANp aA~,teed 11971 CO 1217) Fee 11 pdr 1 foul wlep at 170.291 !9 linee•a7, Nithetl SrV1r I 6 .1 •to RVAlr AVt ~twtwtilt. N1IAt 76647 ,4@t) 416 /666 Mar 4@711 I I6•011 1 I t i 1 I i d~it533 :o ::?@019 ,~Ra PAGE. 02 U11111 bid PM" 4411116411111111 DATE : Novo fritasF2, '"0 TO The ►federW Q Pecan Crask $15 NO. XEALY AVI• Nirvana. Ltd ~ CC. LIWIfWLLR. Ta3U13SOIT CO Goodwin 6 tlafsra P. We {e72143a46M Boot 8rld9e St , 3V1to 100 PAX: 1731; 111401/ Cron WorN. TX 75112 D664, of Work: Sawer, WsW 4 Storm CAGIAW: GOWWN 6 Meremall Inc Location: try P-Ar"m at Pscan Crew Seated Tne Gty d 0enton tsksVMw "Uwvara Bob No.: W-24 UNIT kcauWliamlif PRO" as f as It 1 16 90R•35 PVC Sanwary 161 '611 I r. f 51 05 S 5.11310 1 6,7 2 12'SORd5PVC Samtatq toed 306,1 If. f 2410 1 d2.tIs20 f 12,1• 3 '00SOR•35PVC Wittily 100 100 .I. S 2400 S 2,400.00 f J* A S'SOR•3SPVCSansary 1131 1639 1 S IF% f 34,212.31 1 311: S Cann To Cs,ot Pump 1ujcn 1 $a S •.5 000 $ ?,500.00 f 1, AX 0 4' 0, arww Marra e 1 ' to S ' 500 00 S 40,300,00 S QS: 5' Orama W Manno 0 t2 12 61 S 2.365 00 S 26140.00 6 26.74 S S' Osm.stand . Drop C."c. VVII010 2 2 a, S 2,67500 S 5,350.00 J 6.32 9 :rtra Depth Manhole 175 135 v f S 11000 f 14.150.00 f +8.65 10 4' $snwary SsArr SMIC11 Conn 2 2 ea. S 26600 f 374.00 3 St lt' 'I Trancn dolly 5207 62'17 if S 100 s 5211.00 1 5,26 I) 8U8-TOTAL AANITMY 111.9 % 12 10" Ducol! trop! Cass SO 111 8100 4 f X96 10 1, 1}1AIO= 1 232.41 13 a' C1asa 200 C 900 h C DR.1a 520 600 1.1 f 10 45 f 5.76600 f 6,57 44 5' Clots 2000•9OOPVCDR•14 25 0 it S 1053 f 26250 f 15 Sts"a d 71fa Hyorert Asaomory 6 7 as f I'll 00 S 11.85000 S 13,62 t5 1s• 011111V8046 6Volvo sows 4 a as S -0000 f 36,26440 f 18,13 IF No 0814 Volvo 6 IIrve sores 1 i as 6 51500 f S,35S.00 f 5.33 1S 6'Gsov$Iwe AVaveloago 0 as S 94300 S "300 1 13 G I MIT P,wn96 Ill waw Linea 4 S S sons S 4 JUDO S 26.01800 S 27,45 20 Co", To exist. Wataf L,na Sys 1 64 6 860.00 S 100.00 f 451 :1 'r►ncnsatey v' f 076 f 45 1700 f 1.681.25 1 1.07; 6' 011:40,01T V11 ~a 0 M S 2.250.00 ( 2,260.00 f :3 r CODDaf rvnsr Ss vrce ! S as S 16600 J 3,121.00 f 3.121 24 4' PVC Slsave 314 369 if 1 7.00 J 2.668.40 f 2116 M-TOTAL WATER 33 , 1 7 25 1' Re4e0444 Curb Inlets 12 12 aa, S 2,34000 f 25,08000 6 21AIC a C Reasu4w Cup 1n1N 1 as f 2.!6000 S 2.580.00 S 2.510 21 7 Reca404 Carp Iriel t 68 S 2,12000 ( 2,120.00 i 2,420 ' :1 "to' D oP ,n at 1 es. f 1,365 00 f 1.380.00 S 1,310 71 ' 1' C a►I I local gto" OMI l ►lps till 1376 t t. f 24 a0 1 31.406.10 S 3111.405 30 21' Class III ROo Surat Oro M PIDe All 412 1 f. 1 2130 f 13.121.40 S 13 In 31 2TCII1al'lgCPS+amOr@MP:;o t'2 172 If 3 3710 f 6.301.60 11 1,001 ! 32 30'C'aa0IIRCP S!omOra nP,pa lis 145 If 1 Ales f 1.M Is 4 8082 33 33" Class 11 RCP Swan C(IIA Plra 13 63 I I 1 30,20 S 4,10680 S 4.165 31 34' Crss I I acv storm bawl Ppo 341 347 1 I. 67 60 f 1t, 04120 S 11,911 y 35 39' Class IJ RCP Seam Opt^ P400 22C 220 11 S 71 26 S Ls,676 00 f 11011 t ' \ :6 41' Class lnRCPSlormOronWea IS 66 It. J e6,44 3 e.41100 f 1.417. Al r 3? 546 CtassIIIRCPS'o'MOraA0.04 CCs 174 'f S 11233 S 11,66440 S 11,614. r 8 0 ..•031:993 "721:90919 11ARAV AAOE 61 36 72' 0111 IN RCA sew omm E96 100 36 10'11' RgntSresd Cone. $OIL C•715 414 116 172.2! ! 17,23140 8 17,2 40 1'15' t. Rewa,ftl Cane, kit C-7W 100 .00 1 3s0 00 f 45,600.00 ! 144,1 41 CU14'A' Oryygd R«N Rip.Rso 570 370 of ! 254.00 1 35,40040 9 21,4 42 5'14' Jena. N1 WA MW a MOO,04 ow ! as 00 ! 77,060.00 f 77.0 11 0'e4',1aPMOL 1,Om yfRiWaMe,0 1 « ! 1,!x200 ! 4,112.00 1 44 44 444' &WM Dr" MMf OOO ► $a. 1 2,60.00 f 2,110.00 ! 7,5 & Y13''btlmn OrMW.A* 4 4 oi. ! 2,03000 1 I1.S20,OQ f 11.1 46 x atd MadNkd S S Op. a11WSd 1 1 s5 f 2.&0.00 ! 2.410 00 1 2.4 47 6W Type air Heat V wAirem Z Z to f 10.620.00 S 21.010.00 1 21A 44 54' Dag Typo `r H*K W" 7 2 ! 1,240.0 f 1200,90 1 11,4 49 72' Typ'M MOWN ~x r/4,pW 2 « ! 2,840.00 1 2.00,00 1 2.6 M 0 1 5.100.00 i 6.4 110 54'T T"O YPO «OWOMIWA01. Z N11. .8 f 2,07000 ! A 4.140.00 x 4,1, 52 70' 7yps •E• MgpWSN r/Ap 1 t « ! !.260.00 ! 1.2!0.00 1 1,21 !3 27• TYPO W N«Ow511 WlApw s5 i 1.Mae; 7 (,020.00 ! 1.0. 94 21• Typ V MOW NIom wiApron t 1 M• i 460.. a 114.00 1 of 55 rw4h Sr 103 f 67000 f 17040 / 11 { 56 mW Er5YM1 Damtw 3633 3417 080 1 1,61610 1 1,1 EU4•TOTALSTORM 1! 1S f !000 3 11040 1 T! M1,7e TOTAL MTmOUT DENTON FIROUrRED BONDS: 1 9N.255.75 1 1p,M °1U9 DENTON RECUIRFD TWO YEAR 10C% COMKET ONI f 21.100.80 1 21 K TOT MTN ENTON RECUIR TIME; W4 WYI n04uN1 ter y nw149) ,1yMe,0 "TO a 1uMelnuu ierr~on. We *1"f* r*ORIN WOONdaysbOmit elomo~ NOTa1: $12 ATTACHED OUALIp""OM AND W(PLANATW &HIET. Rsswldul+y SAM ed by. ~A~i}r61a[ Ste. i ftr ` 9 r I i PAGE 02 k q~D1~;N . y CIVIL ENGINEERS DL.ANNERS~ SURVEYORS .'~aF,sl ~:~La.t October 11, 1999 Mfr Timothy S Fischer, P E Assistant Director. Water Ctilities i City of Denton 901-A Texas Street Denton, Texas 76201 KE Cost Sharing for the Preserve at Pecan C. Texas Dear fir Fischer Enclosed please find svpporung documentation regarding the cost sharing for the oversizing of utilities for the above referenced project As you are aware, there are four distinct areas that cost shanng bas been agreed to as follows. 1) OPfsite Water • Oversize from 12" to 16" 21 00-Site Water • Oversize from 12" to 16" y) Sewer Lift Statioryforce Main • Ovcnize Lift Station for Basin. Oversize Force Main from 10" to 1-'" 4) On-Site Sewer - Various on-site main ovcrsizing to serve adjacent areas as previously agreed to by the City Enclosed please find support documentation resulting in the following City participation, 1) OR'site Water • 16" Water - $264,89135 12" Water - 5219,815 07 City Participation $45,076.23 21 On-Site Water • City Participation • 5142,329.90 (See Attached Breakdown) A 3) Sewer Lill StatiomForce Main • Total Basin • 5546,459 00 The Preserve Only - S471,993.16 City Participation • $741465.24 10 6001 IsAtOUE STREET. SUITE 100/ FORT WORTH. TEXAS 761 12 / 817.429.4373 (Mt7Ro) r t.~ 1 1 n FE 04GE e, Mr. ronothy Fischer, AE October 11, 1999 Page 2 of 2 i 4) On-Site Seier - 12" to 15" . 134 L F • 526 801 F. to $31 05 • $782,00 10" to 12" • 1008 L F. • S24.001 F, . S26 801 F, • 52,322.40 8" to 12" • 2.055 L F • 517 651 F, • S26 SOIL F • S 18,803,25 City Participation • $22,307,65 Total City Participation • S214,27 3.17 Please note that we have not rcquested any cost sharing for additional depth required or increase in manhole diameter and depth as a function of providing overall basin capacity Please res icw the costs as indicated and advise, As directed by Cay staff, we have bid the project and Murtay Construction represents the low bid We are prepartog a bid tab for City staff at this time Please feel free to call me if you have any questions regarding this issue S14cerely GoMa toand,lforshall.Inc D Matthew Goodwin. P E DMG is I rr~ 1S i I P4GE t1,4 i ..3t+. i33 I.. i~:.: 36319 SRrrr• r..w IG Unlit ►flea SIO Ittradula OAT(; Swam bat t5 990 TO Tt,e P'llol ® Pecan CredY 11+11240. KIAI'I AVS. Pe"14 ltd O Lf7V11V1LL[, 1tXAS 7240 co 'GodO.an l 6yaranall wit plil 4744{24 80C1 of die St Suds 1C0 FAX: (612) 211."1{ FOR Worm, TX 70112 Case. of wew selow InMndoar. GOOdwn A Manned, INC location 't•• PfaaNe St POCAn C,dd, IPdee. City of 00ntor 00•3.rdo Samary yawer I Job No 99.26 N I UNIT 1 12' OR•'a PVC Farts Male 5210 l l. S 24.60 1 200..24.00 2 2' Alt Release Valve 0 u 1 1000 00 1 0 000.00 3 Conoeta Encasement 1?9 1 1 30 00 3 5 070.00 A TO AIO Etl" Sanaary Salado, ! ta. 1 1100.00 9 60000 f C.1 Ft. I. F,mnga 1a, 12'twcs main 106 Iona 3 2.50000 1 5.125,00 ! Aapnae Pe.lmant Ran 6 ROpRe# 2220 f 1 3 25 00 1 SSINo 00 + It SlaucA a s 280,140 IN { TOTAL rAL u27 {u a 12• FM ADO FOR Ve"TON g011DS ON 12' FOItOI VAIN 1 11,000.00 1 SAf,4N 00 ! 10' DR-16 Pole Po" Man 112+0 Lt 1 2002 5 171,16310 2 2' Ali Ra wu Vahe 0 as 3 $5000 1 SAW Go 3 Conaala Encaarrrnt 169 11 y 3000 1 501064 a 'sma Eus"So nastySOrrar sit 1 50000 1 00000 i C114 TCIGnOSIt$10'lonetnan 152 IV$ 9 246800 { 4,03035 , S AaPrefPe.emanl. Rdm ARao ate 246 e+ 1 2501 3 95,70000 7 ..h576100n to 3 21004000 y "If 4, TOTAL LIFT STA. 1110' FM ADO FOR CCNT04 {+0110 5 011 10• FORCS MAN { 10,10NA0 3 att,N3.T1 I TRAIL' vts MITI retq'td ?Wwrr 1201 wanirq days la aubetaMlal comple4an We Wrf re4wre nn (10( rrenleq days to 5nel Cormpe"M 1401`95: SOL' ATIFACNI0 OUALIFICATION$ AND IXPLANAf10af Sli i !r , I 12 r c• .z:~aata _ _ a UnN old Pill" khakis OAtB + Sacift, b f15.1m TO 'na A"anA r~ PWn Cs64111 A0. NEALY AVE. 1 P4nrar4Lid tlMI11V1LLf.TEXAf 1!011 I! C:O Goodil E ManNl. Irle (67214364"S 6001 sAl St, Swill 100 FAX: pill 2tf4911 ll Wont,, TX Mill Oil*1Work: Wolof EMIMV. GOAO4n~ E Ma•4ti4, tfK L"&dWL' TM 01004n4 of Paean Cl"k 6NU Tra Cm of Ov11on of4mi, w016604 Sep No.: P4CAn Crook 'rOJctA4liar WaIt lma 218 u S 4670 S 43,44560 2 44"C18116 160C.Mc PVC 2051 1 6 60 06 1 123,98215 i 12" Class 150 C•600 PvC 74 1 S 3120 9 2 706 60 4 80nngW40,$I"Clang0;,4 218 1 1 15500 1'02,24000 5 Conn to FAhl 14• R C C P 1 u 9 325000 S ,1 ,250 ;f9 6 SlIll Piaa 117drn3 Aglerl 1 u 9 1,175 00 S 5 025 C0 7 2'+Urg4i4f14VA lveA4um0'r 2 a9 9 100000 S 2W000 1 NP)6lt Pill and 1111404comw 20 a r 5 4100 S 1.306 w 0 6' CdMt CAP EnMIM146A 60 1,1 S +6,00 1 600.C0 10 C,I R T F4M84IV Wolorlv141 , 3 all 9 4,35000 6 5.856.00 1, II'Gals vaM*Nave gal 3 M 5 'PS 00 S 322500 17 Ilan m t A lain uri cam 1 I,. 660.00 9 850.00 11 12" Dua+44lron Will 1.166 361 I 1 32.40 1 Ill 20 14 12' CIA ad 154 C•100 PVC 2126 it S 5066 110741676 15 sonic will, SloN Calling PPo 218 1 6 200.00 1 56.400 00, 16 Cw io Euaf u' 4 C C P , e S 3,2501D 1 3.250% 17 Stan0anl Fi7 Nya7n1 Alaomptr 3 w l IV$ 00 5 S02900 14 Y Af Ra1u4a Vera AAal t 2 Y 1 11,1500 00 S 20000 H AAl N4T4Ui and Plo0laarvrn 29 4 r S 000 S , 30S 00 70 6' Cart Cap Ent444rt14r/ 60 1 1 15 00 S 900 00 21 C r R t ll11 Iaf Walk, lmoe 0 02 one 9 2,07600 1 1.846 a. 21. 1 r Ono Vol we *Naive E0a 3 M, S 1,016.00 S J.226 00 23 A r 4yIt__~IN Li601NN t :S S 66600 1 65000 ,316 D► 0Ly6 DENTON A4129140 TWOYt4N 1105. COMPILEtN3N ON II' / SH1.00 TMME. V41 w'4 fail merry i301001Lnq taro is real ee"wia+ li All AITACNEp QUALIFICATION MOIXPIANATICIN "!'t, 1 ' ! 1 13 iS=GE 76 CONSTRUCTION CO.. INC. October !.1999 I Good„ in %jarshall. Eric 6001 Bridge St Suite IN Fort Worth, T,%'6112 Ann Man Ooodnin SulsJcct Lakevew 81%d PorLon Present M Pt:an Crtek Change 12" Water to 16" Dear Matt, we offer the following in response 10 the subyrct Ongual Sid nn Lake,iew Bled w12" , $200.203.73 Reused Bid on Lakrwtw Blvd WIV • $329.741.73 Difference = S139,538.00 I1us dtfftrence is made up of the follaetn8: ~ b' lhpe increase SY2,15.00 r 16" V21 re IN ream $29.824.00 Cast Iton Firugs Increase $14.599.00 f 6" Blow off Assembly tnctease 5700.00 I I" Copper Senlce Increase S2000,00 f Dirferenee S139.1130.00 Additional Bond 0 02 $2191.00 Total UUMIse pith Bonds • 5142.329.00 Please advise if the above is acceptable 5 ash At Oli.er R . ~smvlr 14 Ott No. KEALV AVE. LEW16VtLLE. TGXA• 78eeth (9781 43410" /AX (018) ft1 0016 G c, L2000 CAPITAL IMPROVEMENT PROJECT -100-0461 -01 PROD TITLE: (0) OVERSIZE WATERLINES ESTIMATED COST: $100 (t 1000) GROUP ASSIGNMENT: 8 DESCRIPTION: Money allocated to pay the diMerenee In construction cost of Inereesing a waterline Oita from the minimum required design site Indicated In the oubdMolon regulations to a larger diameter Ilse site needed In the future for Increased growth In an undevsioped area and comply with Master Plan. PURPOSE: Subdivision regulations specify the minimum required waterline for new development baud on projected usage of a newly platted area. During III Development Review, the City will ogre* to pay for additional costs to i Increase the Devel*Ws minimum required waterline site to mast Increased demand for water due to future growth of maw subdivisions and businesses In an undevoiopad Brea. I ENCUMBRANCES CASH EXPENDITURES I ' BOND REV AIC OTHER TOTAL BOND REV A1C OTHER TOTAL II! TOTAL IST YR $100 So so so $100 $100 So $o $o $100 TOTAL 2ND YR So to $o so $0 to so so so TOTAL 3RD YR So so so so 9o $o so 0 $o so GRAND TOTAL $100 so so so $too $100 so Be 8o $t 1100 ENCUMBRANCE DATES: Encumbered as spent, PHASE DATE AMOUNT OBJECT 1 General Purchase Genaai Purchase Inspection Construction AS SPENT $100 9138 Miseelteneous J ENCUMBRANCETOTAL $100 Ak COMMENTS: 1 7M3/89 f3:8 15 EXHIBIT III i i~ c, l 2000 CAPITAL IMPROVEMENT PROJECT # 00-0461 PHGJTITLE: (R) CAPITAL CONSTRUCTIONRESERVE ESTIMATED COST: $250 (s 1000) GROUP ASSIONMENT 11 DESCRIPTION: Money for projects that may need to be reconstructed but were not budgeted For. PURPOSE: Construction oonlingent:y reserve. Require@ Olrstaor approval to spend 1 ENCUMBRANCES CASH EXPENDITURES { BOND REV AIC OTHER TOTAL BOND REY OTHER TOTAL i TOTAL 1ST YR SO $250 $O SO $230 10 1250 $0 50 $250 TOTAL 2ND YR SO SO SO so s0 50 5o 5o 50 So TOTAL SRO YR s0 s0 5o so 1o 50 SO So 50 s0 GRANDTOTAL SO 1250 50 50 $250 f0 $250 SO 50 $250 ENCUMBRANCE DATES PHASE DATE AMOUNT OBJECT CODE Genera t Purc hose Erilneering Design fnspertton Construction AS SPENT 5125 9124 Construction AS SPENT $126 9114 Miscellaneous ENCUMBRANCE TOTAL $250 COMMENTS: A+ n 7/27/9917:9 16 EXHIBIT IV t ' G A A i ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN j COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE PRESERVE AT PECAN CREEK PARTNERS, LTD. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to participate in the cost of oversizing water mains to be designed, installed, and eonstn cted by The Preserve at Pecan Creek Partners, Ltd. in an amolint not to exceed One Hundred Forty Thousand Dollars (S 140,000.00), in accordance with ¢34- 118(bx2) of the Code of Ordinances of the City of Denton, Texas and TEX. LOC. GOV'T. CODE ¢212.071; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is authorized to execute a Water Main Cost Participation Agreement Between the City of Denton, Texas and The Preserve at Pecan Creek Partners, Ltd, for the oversizing of approximately 6,100 linear feet of twelve (12'1 inch on-site water main to a sixteen (16') inch water main; and for the design, installation, and construction of approximately 2,404 linear feet of off-site sixteen (16") inch water main; substantially in the foam of the attached Agreement, which is incorporated and made a part of this ordinance for all purposes; subject to The Preserve at Pecan Creek Partners, Ltd., entering into a Development Contract with the City Denton, in accordance with Chapter 34 of the Code of Ordinances of the City of Denton, Texas. SECTION lI That the City Manager is hereby authorized to make the expendilures as set forth in the attached Agreement. SECTION Ill. That this ordinance shall become effective immediately upon its passage and approval. PASS ED AND APPROVED this the day of 1999, I E JACK MILLER, MAYOR ATTEST; J JENNIFER WALTERS, CITY SECRETARY By: 17 Jl a i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S. `OUr Damnrnbl0rdi &M"\"Wlw Main Cog Pw*i'p Acmd-Pmsme ® him 0"k W dm i I i R i 18 r ` r 1 1. I I 1 h THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON § THE PRESERVE AT PECAN CREEK PARTNERS, LTD, WHEREAS, The Preserve at Pecan Creek Partners, Ltd. hereafter referred to as "Developer", whose business address is 4000 W. Windsor Drive, Flower Mound, Texas 75028 desires to develop and improve certain real property named The Preserve at Pecan Creek (as shown in Exhibit I, attached hereto and Incorporated herein by reference), located In the City of Denton. Texas or its extraterritorial )urisOiction, and Is required to provide such real property with adequate collection capacity by designing, constructing and Installing a water line of an Inside diameter 4 of sixteen (16") Inches, hereafter referred to as the "Required Facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East McKinney, Denton, Texas 762011, hereafter referred to as "City, in accordance .vilh its ordinaices, desires to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and Insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein Developer and City do hereby AGREE as follows: 1. Developer shall design, Install and construct approximately 2,404 linear feet of sixteen. (16") inch off-site and 6,100 feet of sixteen (16") inch on-site water mains and all necessary appurtenances thereto, hereafter referred to as "Oversized Facilities" as shown on Exhibit 1, attached hereto and Incorporated herein by reference. 2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer will enter into a Development Contract prior to beginning construction of the Oversized Facilities. This Development Contract Is attached hereto as Exhibit II and Is Incorporated herein by reference. This Agreement is subject to and governed by said Development Contract and any other applicable ordinances of City of Denton, Texas. 3, Prior to beginning construction of the Oversized Facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. The easements, deeds and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Developer Is unable to acquire needed easements, Developer shall provide City with any requested documentation of its efforts to obtain such easements, Including evidence of negotiations and reasonable offers made to ' the affected property owners. Any easements for the Oversized Facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the Oversized Facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. WATER MAIN PARTICIPATION AGREEMENT • The Preserve at Pecan Creek Pednors, Ltd, PAGE 1 ATTACHMENTI c 1 i I F 4. City's share in the cost of the Oversized Facilities. Based upon the difference In the cost of installing Required Facilities, as determined by City, and the cost of the Oversized Facilit;-~ as determined by City, shall be in an amount not to exceed One Hundred Forty Thousand Dollars and No/100 ($140,000.00). City may elect one of the following methods to determine City's share of the c sl: f a). Developer shall prepare plans and specifications and furnish them to City. City she'll competitively bid the required line and the Overs'zed Facilities in a=crdance with. Chapter 252 of the Texas Local Government Code. The difference in the bids shall be used to determine the City's share, subject to City's maximum participation In cost as specified in this Agreement: or b) Developer shall prepare plans and specifications and take, hide on the required line and the Oversized Facilities. City shall pay Developer the least amount of the following: (1) The difference In the bids for the required fine and the Oversized Facilities; (2) Thirty percent of the bid on the Oversized Facilities as provided for in §212.072 of the Texas Local Government Code: or (3) $140,000.00, the maximum participation cost allowed herein. City shall not, to any case, be liable for any additional cost because of delays In bb~'.nning, continuing or completing construction; changes in the price or Cost of matt ;:'a, supplies, or labor; unforeseen or unanticipated cost because of topograpny, soil, subsurface, or other site conditions; diff9rences in the calculated and actual per linear feet of pipe or materials needed for the Oversized Facilities; Developers decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the Oversized Facilities. 5. The C,ty will make monthly payments for its share of the Oversized Facilities. The Developer sh0 submit monthly pay requests on forms provided by the City. The Developer's engineer stall verify that such pay reque.=l Is correct. The req lest, along with the engineer's verification, shall be submitted to the Engineering & Ttansocirta'lon Department of the City. The City will retain 10% of the total dollar . amou,it until the project Is accepted. Payment by the City to the Developer will be made within thirty (30) days of recelpl of the pay estimate and the engineer's verification. WATER MAIN PARTICIPATION AGREEMENT • The Preserve &I Pocen Crook Partnars, Ltd, PAGE s / 20 C, V R 6. To determine the actual cost of the Oversized Facilities, City shall have the right to Inspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to require Developer to submit any necessary information, documents, Invoices, receipts or other records to verify the actual cost of the Oversized Facilities. 7. All notices, payments or communications to be giver, or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given above and I,) the Assistant City Manager for Utilities for City at the address given above. ti. Developer shall Indemnify and hold the City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of Injury to property or person occasloned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, Invitees, contractors or other persons with regard to the performance of this Agreement, and Developer shall, at its own cost and expense, defend and protect the City against any and all such claims and demands. 9. If Developer does not begin substantial construction of the Oversized Facilities within twelve (12) months of the effective date of execution of this Agreement, this Agreement shall terminate. 10. This Instrument embodies the whole agreement of the parties hereto and there are no promises, terms, representations, understandings, conditions of obligations other than those contained or Incorporated herein. This Agr3emenl shall supersede all previous communications, representations ui, agreements, either verbal or written, between the parties hereto. 11. This Agreement shall not be assigned by Developer without the express written consent of the City, 12. Any end a!I suits for any breach of this Agreement, or any other suit pertaining to or arising out of this agreement, shall be brought In a court of competent jurlsdictic n in Denton County, Texas. This Agreement shall be governed by and construed In accordance with the laws of the State of Texas. r WATER MAIN PARTICIPATION AGREEMENT - The Preserve at Paean Crsek.Partners, Ltd. PAGE 3 211 Ohs- C I e EXECUTED this the day of l7 USA%~-O) •Q- 1999. "DEVELOPER" THE PRESERVE AT PECAN CREEK PARTNERS, LTD. By: 6 ATTEST: i,, CITY OF DENTON, TEXAS By: Michaet W. Jez, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY qq , By; V l,,,v I WATER MAIN PARTICIPATION AGREEMENT • The Preserve at Pion Creak Partners, Ltd. PAGE d S Vur DocumentalContracts%g%Waler Mdn Coat Paruclp Aprmt • Preserve Q Pecan Crf"Acc e 22 r y apendaMO.~.~` . rte,-- Apendaltem_ /fly _ AGENDA INFORMATION SHEET date I VIM- AGENDA DATE: December 7, 1949 DEPARTMENT: Parks and Recreation Department ACM: Dave Hill SUBJECT: Hold a public hearing and consider a Ordinance granting approval of a surface use of a portion of the Denton Branch RsiVCrail approximately 2000 feet south of Walton Road for the installation of a public street In accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an easement and providing an effective date. BACKGROUND The City of Corinth has requested the use of park land for the purpose stated, in order to provide a new public thoroughfare in their city. The new roadway will extend eastward at the 1.35E exit #460 Corinth exit, across the Denton Branch Rail Trail to a new park and housing developments. State law as defn(A in Chapter 26. Protection of Public Parks and Recreational Lands of the Texas Parks and Wildlife Code requires that a "(a) municipality of this state may not approve any program or project that requires the use or taking of any public land 1 designated and used prior to the arrangement of the program or project as a park.urdess the municipality, acting through its duly authorized governing body or officer, determines that: (l) there is no feasible and prudent alternative to the use or taking of such land; and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter." If the proposed public street eas•ment is allow a value must ed, be laced on the 1001' P meat foot section and charged to the City of Cotirth. In addition, land disturbed in the park will be returned to its original condition. Parks and Recreation Department and the City of Corinth staff have reviewed all other possible alternatives. These ahemstives included: Select another route through the city that would pass around the south end of the trail at Burl Street or cross the trail at the Walton road crossing. This would require many easements be obtained from adjacent property owners at great expense. • Terminate the new Corinth Loop at this location. This option will not conform to the r Corinth Thoroughfare Master Plan for the city. • Construct a pedestrian bridge for the trail up and over the proposed new roadway. Due to the fact the roadway crossing must be on a IS foot high fill to match to the I- 3SE service road at Exit 460, Corinth Exit, the elevation and length is not a cost effective as the tunnel option. 1 C~ Therefore, there ere no feasible or prudent alternatives to the placement of the new Corinth Loop roadway at this location. OPTIONS; Because other solutions to this issue have proven to be infeasible, the option remains to approve the use as presented or require the City of Corinth to begin obtaining easements through and to other city streets and adjacent property owners. RECOMMENDATION: After reviewing all other alternatives doff recommends approval of this use of the Denton Branch MVrrail. no City of Corinth Is proposing to place temporary fill across the trail at this location and provide a tunnel under the roadway to accommodate trail users. More would be no major impact on current park operations or programs. The Parks and Recreation Department has indicated that the City of Corinth has investigated all other alternatives and has used reasonable planning to minimize harm to the land, Tiai City of Corinth is fully aware of the Federal Wbanking law that in the event a railroad or rail transit agency wishes to reclaim the right of way for rail service, Corinth will be responsible for removing the fill and restoring the right of way to its original condition, ES MATED SCHEDULE OF PROJECT: Construction on this development Is projected to begin in January, 2000. PRIOR ACTIONIREVIEW: The Parks and Recreation Board considered this item at their November 10, 1999 meeting. The Board voted approval, 6.0 with the provision that the city of Corinth permanently maintain it grade separated crossing on the rail trail FISCAL INFORMATION: Compensation related to this use is still under discussion with the City of Corinth. It is reasonable to expect that improvements directly related to programs and/or facilities on the Denton Branch RaiVfrsil will be provided. BID INFORMATION: Not applicable MAh Attached Respectfully submitted: i j Ed Rodney, Director l Parke and Recreation Doen! ~ r ~ Pr A, r'\ t> obert K. Tkkner, Superintendent Parks and Recreation Department N:'JWMrt UtlRb,nMk'Mb! laq WRbll wwY~ Mdi IYa4 2 ' c 1 I ' 1 1 i - ~F 1 EXHIBIT r ~ I / y it rCr` -rpm-.3- show CRE j T North Central Teicac- y 9 Community College M L" Corinth Campus New Corinth Corinth Loop Park udder construction Right of Way Proposed Corinth Loop Rail Trail Crossing RAM GrmYya~ - 1 ~r ~n N yl~NE ~ ~ a S~re~ ,:,4 H i f HarIo)me take kY Pinch C_IV~QeI.p~['l8infr USt _ _tSIB1EfAl1E A0- i-!'1~1~k~QLE 3 t r 11 EXHIBIT a FRlTI LANE r I -L e e WALTON DRIP PROJECT LOCATION e4' R.O.w. CORINTN LOOP CI e~ LAKE O y~ ~y0 56- i .0 I n ~i ti'i,I~, I 1 I 1 k01 10 SCALE LOCATION MAP CITY OF CORINTH A' r 4 SEPTEMBER 1999 t~ g ,,EXHIBIT A"CONCRETE SIDEWALK CORINTR LOOP TNT OTHERS) r 14 , EMtj ^ 0. RD .RS a TO-CC EM O mAlm P7 1L I S LOOP T ~ = 3 c +18.62, OIL OUC~ArI EXIST 1 r P V'1 1 `1 O'NYACCA ' AND 1•ED Fl S7RIRINOy1 TIP7~ITE V --n-'r--e- AO'q 1 ND REPLACE T~ TrP ~1 1 4ep(T let ADRO RAIIE n r 4 ) EXIS lye+~,,~ - TT r- C IT ON M12 E01 i l c DAENOMA TRAIL OUARtl rC T~ TIR1/ELr H if W C 0 EXIST f 0 r<10' N MECASi CVERT STt ! Ito" ONXEX ST ROADOED a o SEE SHEET TS FOR 4 PROFILE CORINTH LOOP S 1 t I I , F i EXHl811 r ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL, TRAIL APPROXIMATELY 2000 FEET SOUTH OF WALTON ROAD FOR THE PURPOSE OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF AN EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there is not a feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize the harm to the park resulting from such use; and WHEREAS, the City of Corinth desires to improve public transportation to the City of Corinth by installing 100 linear feet of fill across and over a culverthunael for a public street and WHEREAS, the City of Corinth desires to construct the public street across the Denton Branch Rail?rail since alternative options would not be feasible and prudent; and WHEREAS, on November 10, 1999, the Parks and Recreation Board held a meeting and received testimony from City staff and citizens regarding the alternative for installing the public street project on the Denton Branch Rail!Trail and recommends to the City Council that there is no feasible and prudent alternative to the use of the Park land; and WHEREAS, the City provided notice in the Denton Record Chronicle on November 7, November 14, and November 21 of a Public Hearing to be held on December 7, 1999 in the Council Chambers to consider the alternatives to the use of City Park for the subject street project; rnd WHEREAS, the City Council on December 7, 1999, received testimony from City staff and citizens regarding alternatives to the use of the Denton Branch Rail/Trail for this public street, which includes, but is not limited to, the following; a. Select another route through the City that would pass across the Rail/Trail at an existing public street crossing the trail. This would not provide the thoroughfare routing desired to access a new park and subdivision and could disrupt existing City streets. b. Terminate the public street location. c. Construct a bridge over the Rail/Trail at a railroad-specified height of 22.5 feet. This is not feasible at this time due to the elevation of the Interstate 33E lA bridgelinterchange. d. Construct an at-grade crossing with proper safety equipment and traffic controls, This is not feasible due to the elevation of the Interstate 35E interchange on the west, f 6 WHEREAS, the City Council finds that the fact situation discussed above does not fall wittan the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the Park land and that the public street project when constructed in accordance with the provisions of the casement as described below will minimize the harm to the park land resulting from the proposed use and the surface of such park land effected shall remain useable for the park patrons once the construction of the public street improvements are completed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-1 . That the public street proposed by the City of Corinth, be constructed and maintained above the surface of the park property described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the public street be constructed in a manner so that the park land may still be used by its patrons after completion of the project in the same manner it was used prior to the public street project. SECTION 2. That an easement which is revocable as required by law (National Trails System Act, 16 U.S.C. 1247(d)) be composed by the City Manager or his designee and approved by the City Attorney allowing the use of the park property as refere=d above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the park from injury and damage both during and after construction of the project; compensates the City for the reasonable market value of the use j herein granted and generally protect the health, safely and general welfare of the City. $ CTION 3. That during construction of the improvements above, City of Corinth may have temporary use of such additional park land necessary to stage the construction of the improvements as may be approved by the Director of Parks and Recreation Department and at the completion of the construction activities for the above improvements such additional park ` land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. Should the City of Corinth desire the tunnel alignment in Exhibit A be modified, a new application under Chapter 26 must be processed, SECTION 5. That the rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. . F TION 6. That the easement above grantee shall, to the extent allowed by Aw, constitute a covenant running with the lard and be filed in the Deed Records of Denton County, f r A. Texas. SSF~TIN 7. That this ordinance shall become effective immediately upon its passage and approval. 7 I et 3 1 V ~ ICY/1!'lQ'40rr0yalMrl.lY Y~b~Y, tI 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: I 1 E r 4 t. i i EXHIBIT PUBLIC STREET EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENT: COUNTY OF DENTON § That the City of Denton, Texas, a municipal corporation (Grantor), for and in considerstion of the sum of per square foot for the property described in Exhibit "A"] (S_ ) DOLLARS to the undersigned in hand paid by the Cis, of Corinth, a municipal corporation (Grantee), the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed and does hereby grant, sell and convey unto said Grantee, its successors and --signs, subject to the reversionary rights and privileges of Missouri Pacific Railroad Company (Railroad) and Grantor set forth in the Line Sate Contract between Railroad and Grartor of July 2, 1993, adopted pursuant to City of Denton Ordinance No. 93.177 and limited by 16 Lr.S.C. 1247 (d), section 8(d) of the National Trail System Act and subject to easements and licenses of record, interlocal agreements and Grantor's perpetual and superior right to maintain a trail system and expand the type and number of public utilities within grantor's jurisdiction to maintain and operate within the property described in Exhibit "A", an easement for the passage of vehicular and pedestrian traffic, together with the customary uses attendant thereto, over, under, through, across and along all that certain lot, tract, parcel of land described in Exhibit "A", attached hereto and made apart hereof by reference for all purposes. The Grantee is acquiring this easement for the purpose of constructing, using and maintaining a i public street at the grade and in accordance with the such plans attached hereto in Exhibit A specifications which will best serve the public while at the same time protecting the integrity of the existing railroad roadbed and accommodating the construction of the Denton Branch Rail/Trail Project as envisioned by the interlocal agreement between the City of Denton and the Texas Department of Transportation dated November 7, 1997 and adopted pursuant to City of Denton Ordinance No. 95-227. Grantee, by taking possession of this easemen' (eg•, grading or preparing the railroad roadbed for street construction) agrees to comply with tht following terms: 1, Repair, modify or reconstruct the street improvements (and customary uses attendant thereto) authorized above at Grantee's expense if same is required for Grantor (a) to cor.tply with the interlocal agreement referenced in Ordinance No. 95.277 ehove or any agreement between Federal or Stale age,cies required to receive funding for the construction and maintenance of the Denton Branch Rail/Trail Project (b) to repair, modify, reconstruct, install or constrict Grantor's utilities in the easement area. ,t, , 2. Repair and restore any improvements in the easement area, lawfully placed therein by Grantor, its agents, employees or independent contractors or by others pursuant to an easer.:,mt, agreement or license grante,' by Grantor or its 9 D 4 t~ i A . 1 predecessor, the Railroad, damaged by the negligence of Grantee or its agents, employees, or £ndt; md.w contractors working in the easement area with Grantee's approval, in constructing and maintaining a public street. To the extent permitted by taw, Grantee agrees to indemnify and hold harmless Grantor, its offlcen, employees, agents (which may include the Texas Department of Transportation) and indepcndent contractors from all elaimq or liabilities due to activities of Grantee, its offices, employees, agents, and independent contractors. Additionally, to the exicnt permitted by law, the Grantee shall told harmless the Grantor, its officers, employees, agents (TxDOT) and Independent contractor from any and all expenses, including attnmey fees and court costs which may be Incurred by the Grantor and the entities above In privity with Grantor (e.g., TxDOT) in litigation or otherwise resisting said claim or liabilities which might be imposed or the Grantor or those in privity with Grantor as a result of such activities by the Grantee, its officers, employees, agents or Independent contractors. This easement will terminate if the easement area is used other than In compliance with the Dalhoma Trail Tunnel design as reflected in Exhibit A. Any modification of the Rail/Trail crossing resulting in an at•grsde crossing fot pedestrians must be approved through the Chapter 26 process set forth in the Texas Parks & Wildlife Code. I TO HAVE AND TO HOLD the above desenbed easement, together with all and singular the rights and appurtenances thereto In any wise belonging unto the said Grantee, its successors, and assigns forever, and Grantor Is hereby bound, together with all heirs, executors, administrators or successor,, to warrant and forever defend e11 and singular the all easement into the Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof, subject only to the rights and limitations contained In the Line Sale Contract and other documents incorporated Into adoption of City of Denton Ordinance No. 93- 117. EXECUTED this day of CITY OF DENTON, TEXAS (Grantor) CITY MANAGER i BY: i 10 c i C• "f1rL0u'ALf~MyIYLQr d.rr0wY~lYw IlA4C R111{1 W pbltM 4. APPROVED this day of , by the City Council of the City of Corinth, Texas. MAYOR, CITY OF CORINTH ATTEST; City Secretary, City of Corinth, Texas STATE OF TEXAS COUNTY OF DENTON $ This in. trument is acknowledged before me, on this day of , by , Mayor or the City of Corinth, Texas, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument i and acknowledged to me that the same was the act of the srdd City of Corinth, Texas, a municipal corporation, that he/she was duly authorized to perform the same by the City Council of the City of Corinth and that he/she executed the same as the act of the said City for the purposes and consideration therein expressed, and in the capacity therein stated. Notary Pubic, State of Texas r V tt t• (1 I \i 'K11i9Lq,IVM~n19lOn PrW1I[r~K,NNIK RIIL! tMfwMM ill STATE OF TEXAS COUNTY OF DENTON 4 This instrument is acknowledged before me, on this day of by MICHAEL W. IEZ, City Manager of the City of Denton, Texas, a municipal corporation, known to me to be the person 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 the City Council of the City of Denton tnd that he executed the same as the act of the said City for the purposes and consideration therein expressed, and in the capacity therein stated. Notary Pubic, State of Texas / A, f ~r 12 L~ l LEGAL DESCRIPTION BEING a tract of land situated In the J.M. Walton Survey, Abstract No. 1389, City of Corinth, Denton County, Texas, and being it portion of that tract being now or formerly owned by the Missouri, Kansas, and Texas Railroad, sold tract being more particularly described by metes and bounds as follows: COMMENCING at the southeast comer of that tract of land as described by deed to Pinnell- Ford. L.C., u recorded in Denton Covnty Clerk's File No. 97-R0084I60 of the Real Property Records of Denton County, Texas, said point also being in the easterly right-of-way line of Interstate Highway 35-E (variable in width) and the beginning of a curve to the left; THENCE 288.04 feet along the are of said curve to the left, and with said easterly right-of-way line, through a central angle of 08'23'14", having a radius of 1939.86 feet, the loop chord of which bears S 11'507 "E, 287.78 IcA the beginning of a curve to the right and the POINT OF BEGINNING; THENCE 104.47 feet along the arc of said curve to the right, through a central angle of 02' 1840", having a radius of 2590.00 feet, the long chord of which bears N SSW I VE,104.46 feet to the west line of that tract of land as described by deed to Pinnell-Ford. LC., as recorded in Denton County Clerk's File No. 97-R0046701 and the beg£u ning of a curve to the left; THENCF.199,0) feet along the we of said curve to the left, and with said west tine, through e central angle of 06'01'33", having a radius of 1859.86 feet, the long chord of which bears S49-59'40-E, 198.93 feet to the beginning of a curve to the left; T£ IENCE 108.63 feet along the arc of said curve to the left, through a central angle of 02'35'36", having a radius of 2400.00 feet, the long chord of which bean S 56'38'02"W, 108.62 feet to the easterly right-of-way line of Interstate Ifighwwy 35-E (variable in width) and the beginning of a curve to the right; 1 THENCE 195,73 feet along the are of laid curve to the right, and with said easterly right-cf-way ' line, through a central angle of 05'43' 19", having a radius of 1959.86 feet, the long chord of which beers N 49'00'24"W,195.65 feet to the POINT OF BEGINNINO and containing 20,206 square feet or 0.464 acres of land more or less. CRIB Job No. 981820014 SsDC October 4, 1999 I:VOB%981820011SUR1WPQ.EG1981820EX.LGL Page 1 of 1 r i 13 0 LA 40. }7.0Q0!1160 AtAlr~"OPIRTY REcon 5, 0(NTON COUNTY. TEXAS rn I: J 'y O O r ~r • cl . M ti • ~O sN r,r 3. n 4 DD aaa" ti r~t#3 yy ^ry9 . Fu G4~ 9 ~i ~ ~ r pC~ ~ o !y V 0 ~e E EXHIBIT SHOWING T1 ,o~ov SHT. NO, Eal«'aww" A 0.464 ACRE sr~e tvn~A wwesf.mc. TRACT OF LAND roNtO i~' a M820410 a 14 1 l 1 •e' •{'CuAl 1• I' 1'CONCR{TC Sto(gALX h a CORINTk LOOP IBY 01HERS! Q l N TATRAN ~ 1' CoNCR(IE pAYE4(N1 { h SITI . AD. RI TN NO.S BARS 1 II'CC{R TO MATCH fTO "I YI c~ET a tl LOOP EVIL 10 EXIST It{~~ 11 A ♦ Z. L QYTW LOOP It ~1 ~ p •i l ti, C2R y l ' A ANO Y[O B i M. STRil!kOYITTPI ITt 014 MEN1tPlACE~ ~r ^ +•to TYp M0 IGIL / d n r 7 c IT at Aai6VtD1 + r DALkOW TRAIL LOMAIL EXIST ITN 11''m PACCAST pd e AW T~ El Box cmvaT fit f0 FLOOR ON EXIST ROADOED i!3 S/ 191 Skill is FOR 4 MOf ILt CORINTH LOOP I i ~s c EXHIBIT F' Denton Parks and Recreation DRAFT Advisory Board Meetl:,g November 10, 1999 Denis Recreation Center Members present: Don Edwards, Dale Yeatts, Dalton Gregory, Brandon Barns, Gwendolyn Carter, and Brenda Phillips, Members absent: Corina Romas Staff present: Ed Hodney, Janet Simpson, Kathy Mosby, Bob Ticknor and Janie McLeod. Others attending: Judy Atkinson, Sterling Smith and Linda Manaco to epeak on the Rail Trails item, Chairman Don Edwards called the meeting to order at 4:35 p.m. AWARDS AND RECOGNIZATION. Ed discussed the No awards presented to PARD at the Texas Recreation and Parks Society (T.R.A,VS.) Region 2 & 3 luncheon. Amy Docteur was awarded the Lone Star program for her therapeutic recreation program "Shine in 99". Also, the Nette Shultz Neighborhood won a community involvement award for their contribution to the walkway and bridge in Nette Shultz park. Brenda asked that the staff be congratulated for their award winning efforts. APPROVAL OF MINUTES FRO51 SEPTEMBER 9 AND OCTOBER 22, 1999. Brandon Games moved to approve the September 9, 1999, minutes as distributed. Dale Yeatts seconded the motion and it was passed unanimous. Dale Yeatts moved to approve the October 22, 1999, minutes as distributed. Brandon Barnes seconded the motion and it was passed unanimous. ACTION ITEMS. Request from City of Denton Englneeri ig Regarding the Denton Branch Rail Trail. Bob Ticknor asked for Board's consideration and cpproval for an easement across the Brinker Road crossing to the Denton Branch Rail Trail for a new roadway south of loop 288. The new road is Brinker Road. Bob said other options had been considered and there had not been any other feasible or prudent alternative to the placement of the new Brinker roadway. Bob said that to construct a highway bridge over the rail trail would be at an estimated cost of $1.6 rniltion. The crossing will open up access to other properties In the area of Denton Regional Hospital and WalMart. Bob added that there would be a total of 18 crossing when the trail Is completed. Dalton asked about the crossing bridge at Loop 288. Bob said TXDOT plans to build a pedestrian bridge over the new Loop 288 during reconstruction of 288. Bob said Mayhill Road will be upgraded and Loop 288 bypass will not be happening as originally planned. Dalton asked if the railroad could request the return of the rail track. Bob said yes they could and if within the first 10 years they would have to reimburse the City for its capital expenditures up to $150,000. t Brenda Phillips asked about the safety of pedestrians crossing the new Brinker Road. Bob said ~ A there would be a signal light like at traffic lights to stop traffic for pedestrians to cross with a median between lanes. r t. c DRAFT Citizen, Linda Monaco said that it was sad that nothing had been completed on the Rail Trail alicr 6-7 years of discussions. She commented that the trail with all the street crossings was not a place to be riding bikes and that it was too congested area and will only get worse. Citizen, Sterling Smith expressed his thoughts on the importance of the trails to the community and recommended that the City and County %;o-,lmunicale with each other on linking the trails to the Trinity River, Green Belt and other cities. Mr. Smith was concerned that if requests for a trail crossing are granted that soon there won't be much of a trail because of all the crossings. He asked that the City come to the rescue and work with developers for alternate routes. Smith also commented on his concerns that the crossing light system wouldn't be safe enough measures for children crossing the trail. Mr. Smith's concern was to protect the trail and not have several crossings on the trails. Brandon Barnes said that if there are nine crossing to Brinker Road, then there could be several mites of uninterrupted trails between the crossings. Ed slated that the crossings are being driven by thoroughfare planning. }le said that a Rail Trail Crossing policy is bcing developed and should help with future decisions. ACTION: Brandon made a motion to deny stairs recommendation to approve the Brinker Road Crossing as presented to be at grade crossing. An alternative to build a pedestrian bridge over the new road is recommended at this location. Dalton Gregory seconded the motion and it passed unanimous. Gwendolyn asked about the lighting and curfews for the trails. Ed said the trail would be the same not the parks - operating hours are from 6:00 a.m. to 10:00 p.m. He added that the more urban the area, the more likely there will be more lights. Dalton suggested that the trails might need to be redesigned or request for more grant money for lights. Request from City of Corinth Regarding the Denton Branch Rail Trail. Bob said that this item diiTers from the first item because the City of Corinth was asking to construct a tunnel for Trail users with a new road to loop to the cast side of Corinth. lie added that due to the 1.35E exit 1460 configuration, it would require the new road to be raised to meet the elevation of the 1 intersection. The City of Corinth plans to have a 10 x 10 concrete box tunnel that is 95 fh long under the new road. The tunnel will be lighted. Ed said there would be a grade separation and continuous route for Trail users. ACTION: Brandon made a motion to approve the request because of no feasible or prudent alternative to the placement of the new Corinth Loop roadway, Date seconded the motion and it was passed unanimous. Amendment: In addition there are no feasible or prudent alternative to the placement of the new Corinth Loop roadway at this location and that all reasonable planning had been done. The Board will ask the City Council to ensure that any fubae work within the right of wsy continue grade separation if this is granted. Brandon moved to approve the motion as amended and Dale seconded the motion. The motion was passed unanimous. -17- 1 C; t DRAFT a Brenda asked about the safety of the tunnel regarding flooding. Bob said the tunnel flares out at each end and the floor will be one foot lower than the existing railroad bed, but above any drainage area. He added that the drainage crowns In the middle and flows out and will drain properly. Bob said there would be consideration of skylights so if the electric lights fail there will be some kind of lighfing for safety. Bob sold there will be a public hearing at the Council meeting on December 7'x at 6:00 p.m. and citizens' comments can be heard. DISCUSSION ITEMS -No firms svere listed on the agenda. Bond Election. Don said that City Council had approved the Capital Improvement Projects and the bond election has been set for January 15, 2000. Afeeting Dares, Ed was asked to e-mail the Board requesting input on a more convenient meeting date and time. Park Alaster Plan. Ed distributed a list of rankings for the Park Master Plan consults and asked the Board to return the ranking by the next day. DIRECTOR'S REPORT Project Status Report - Ed sad he would response to any questions the Board may have regarding the distributed report. Brenda asked for more information as to what each project involves. Janet told the Board that there wuuld be a neighborhood meeting to discuss the South Lakes and Joe Skiles parks improvements to get citizen input 'cvember 22 at 6:00 p.m, location to be announced. (6lolel 8 on 1.33). Also, Ed said that a Park Master Plan meeting has been scheduled for November 180' at 6:30 p.m, at the SILK Recreation Center. OTHER ITEMS Leisure Senrtces Briefing - Postponed to December meeting. ITEMS FOR NEXT MEETING Y Brenda asked if the Park Board should be doing a vision and goals as the KDB Board has done at their planning retreat. i Rail Trail Briefing and lour. r Leisure Service Briefing. Brenda asked the Board to encourage citizens to fill out a survey for the "Raise the Bar" campaign. t There being no further business, the meeting was adjourned at 6:00 p.m. A, -ts- Agenda Item AGENDA INFORMATION SHEET Dale ~ AGENDA DATE December 7, 1999 DEPARTMENT: Water Administration ACM: Howard Martin,349.82s2*^11 SUBJ&CTt Hold a public hearing to receive input concerning an ordinance amending Chapter 26 of the Code of Ordinances of the City of Denton by adding thereto section 26233 "Water Conservation and Drought Contingency Plan" and Section 26.234 "Criminal and Civil Penalties", adopting a water conservation plan in accordance with the requirements of the ]aw; adopting a drought contingency plan; establishing criteria for the initiation and termination of drought response stages; establishing restrictions on certain water uses; establishing procedures for granting variances; providing a criminal penalty not to exceed $2,000 per violation and a civil penalty not to exceed S 1,000 per day per violation and various 20% surcharge penalties on excessive water use; provi; ing a savings clause; providing a severability clause; and providing an effective date. 1 OUND: Staff will also field questions from the public on this Plan and summarize issues for the C'ouncil's approval. This plan Is a requirement of the TNRCC w a pan of the Senate Dill One legislation that followed the 1996 statewide drought, The Plan includes strategies to achieve a reduction in per capita water use by 15% over the next fifty years 12000.2050). These goals are based upon a state initiative to satisfy the water needs of an expanding population that has finite water resources available for Puture development. Projections indicate that per capita usage will increase on the •nort term before other factors (such as water conservation plumbing fixtures, higher watee rates, conservation based rate structures, and Landscaping practices) begin to cause a net decrease in water use the Water Con:;ervation Plan includes many provisions that the City of Denton has previously incorporated into its current utility operations. These Include the following: 1. 'I he ]averted block residential rate structure, 2. Our c urent water meter calibration and change uut program. 3. Interntl and external water audits conducted by staff. 4. The ptactice to fully meter all uses, especially by the City of Denton. ~ 5. 1ligh/low bill monitoring program, r A 6. The public education and public Information Worts by our existing staff that promote water conservation practices, leak detectiom'prevention measures, low water use irrigation systems and Xeriscape landscaping. 1 f, i I, Based upon the feedback staff received from the Council at the November 8, 1999 meeting, there were no significant revisions to the Water Conservation section of the plan. Title 30, Chapter 288, Subchapter B or the Texas Adminlslrative Code JAC) also required public water suppliers to develop and implement drought contingency plans. These plans are designed to assist a water utility during periods of extended droughts or other short-term limitations in water supply, no Drought Contingency Plan follows a similar format used in the Dallas Water Utilities' proposed plan This plan provides flexibility to handle a range of emergency conditions where demand side management is both beneficial and necessary to meet customers' essential water needs. This plan details wilat events or situations could trigger a need to 1,t i^ment demand management measures, what types of water customers or uses would be effeca.', and how these measures would be communicated to the pubic. The need to coordinate Dcnton'w plan with the Dallas plan was deemed appropriate due to the following: I. 'The water supply reservoirs shared by the two cities (Lake Ray Roberts and Lake Lewisville), 2. The fact that Denton is an untreated water supply customer of Dallas and will be effecled by restrictions that may be initiated by the Dallas plan. 3. The desire for consistency In communication to customers in a television and media market common to many different water utility entities. T he plan Identifies three Jiffcrent types of water shortage situations whlch might occur and that would result in different types of demand side management strategies. These are listed below: 1. Type A - Water supplies are low. 2, Tyhe B - Water demand approaches system capacity. 3. Type C -Short-term deficiencies limit supply capability, The plan also identifies four stages of the management strategies designed to address the severity of the water supply shortage situation, These are listed below: 1. Stage 1 - Water Awareness, 2, Stage 2 - Water Watch. 3. Stage 3 Water Warning, 4. Stage 4 - Water Emergency. Staff revised the Drought Contingency Plan to incorporate input received from the Council at the November 8, 1999 meeting and to clarify administrative issues related to implementation of the plan. The Plan was revised to make the City Manager responsible for initiating the Plan. Changes were also made to accommodate violations and subsequent violations tj the Plan. T he plan also incorporates a 20% penalty in Stage 3 anJ in Stage 4 for residential customers with walcr usage over 30,000 gallons per account (Stage 3) and over 15,000 gallons per account ,t (Stage 4) pcr 30 day period. 'the 15,000 and 30.000-gallon limits are based on the cut-off point 1 / for gallons consumed on the rate schedule (lixhibit VI). A 20% penalty is also proposed for mmercial customers and industrial customers who u! a more than their monthly average during 2 _ v I I stages 3 and 4. There Is also specific language to allow the city to curtail wholesale customer accounts by a pro rata reduction in rate of now control valve settings. EECOMMENDATIONS: Staff it, u:wnends approval of this Water Conservation and Drought Contingency Plan for the specific purpose of managing the use of water during emergency conditions. PRIOR ACTIONS: September 13,1999 PUB: The Plan was reviewed by the Board. Suggested revisions included: - Modification of the trigger conditions for each stage of the Plan - Clariflcalion of water restrictions and penalties for each customer class at each stage • Identify procedures for communicating the plan to customers and other agencies. October 18, 1999 PUB: Board approved the Plan. November 9,1999 City Council: Work session to discuss the Plan. Recommendations included: • Revision to make the City Manager responsible for initiating the Plan. • Changes to accommodate violations and subsequent violations to the Plan. ESTIMATED SCHEDULE OF PROJECP: i A drall version of the plan was submitted to the TNRCC and the Region C Planning Committee on September 1, 1999. A revised plan will be forwarded to these entities alter it has been formally adopted by the City Council , Respectfully submitted: Howard Martin -1\ Prepared b Assistant City Manager / Utilities fyr, ~ I Tim Fisher Assistant Director of water utilities Exhibits: L Water Conservation and Drought Contingency Plan. A 3 r. t ORDINANCE NO. ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING THERETO SECTION 26233 "WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN" AND SECTION 26-234 "CRIMINAL AND CIVIL PENALTIES", ADOPTING A WATER CONSERVATION PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW; ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; PROVIDING A CRIMINAL PENALTY NOT TO EXCEED $2,000 PER VIOLATION AND A CIVIL PENALTY NOT TO EXCEED $1,000 PER DAY PER VIOLATION AND VARIOUS 20% SURCHARGE PENALTIES ON EXCESSIVE WATER USEI PROVIDING A SAVINGS CLAUSE;PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 11,272 of the Texas Water Code and applicable rules of the Texas Natural Resource Conservation Commission require the City to prepare and adopt Water Conservation and Drought Contingtt :y Plans; and WHEREAS, the city council of the city of Denton, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; and WHEREAS, prior to the adoption of this ordinance, the City Council hr,.' a public !:.:ring to obtain citizen comments and input on the Water Conservation and Drought Contingency i-ians; and WHEREAS, the City Council deems it in the public interest to adopt the following Water Conservation and Drought Contingency Plans; NOW, THEREFORE, TI lE Cl fY COUNCIL OF THE CITY OF DENTON 1rERF,BY ORDAINS: SEC HON I:: That chapter 26 of the Code of Ordinances of the City of Denton is hereby amended by adding new Sections 26-233 through 26.234, which shall read as follows: See. e6-233. Water conservation and drought contingency plans. (u) .4doption rf plans. The Water Conservation and Drought Contingency Plans of the City dated November I, 1999, which Is attached hereto is hereby adopted by reference and made a part of this Code of Ordinances for all purposes as If fully set forth herein. ' A I 4 1 t. I ~ III I i ICI ~ I (h) Surcharges. In addition to the penalties set forth in Section 26-234 below, the surcharge penalties of 20% for commercial, industrial, and residential customers may be imposed in accordance with the Drought Contingency Plan; (c) Authority. The City Manager and Assistant City Manager for Utilities are authorized to implement measures prescribed and required by this section and by the Water Conservation and Drought Contingency Pie-,a approved by the City Council. The Assistant City Manager for Utilities is authorized to enforce the measures implemented and to promulgate regulations not in conflict with this section or state and federal laws in the aid of enforcement. (d) Implementation of emergency order. The Assistant City Manager for Utilities, upon determination that the conditions for a water emergency exist, may take the actions indicated under the Drought Contingency Plan, and shall advise the City Manager. The City Manager may order that the appropriate state of emergency response, as detailed in the Plan, be implemented. To be effective, the order must be; (1) made by public announcement vie electronic media; and (2) published in a newspaper of general circulation of the City within 24 hours after the public announcement, which order becomes effective immediately upon publication. (e) Duration of the order, change; extension. All initiated actions will remain in effect until the conditions that triggered the order have been eliminated or as otherwise provided in the Drought Contingency Plan. Upon recommendation of the Assistant City Manager for Utilities, the City Manager may terminate, upgrade, or downgrade the state of emergency in accordance with the requirements of the Drought Contingency Plan. Any change in the order must be made in the same manner prescribed in subsection (d) for implementing an emergency order. (p Wholesale service to customers outside The city. The Assistant City Manager for Utilities shall notify customers receiving wholesale water service from the City when any stage of the Drought Contingency Plan has been initiated or terminated in case of pro ra!a v.c-rr allocations. The Assistant City Manager for Utilities may restrict service to customers outside the City as permitted under contract and state law. (g) Authority under other laws. Nothing in this section shall be construed to limit the authority of the Mayor, the City Council, or the City Manager to take emergency action or to sock emergency relief under Chapter 9 "Emergency Management" or under the provisions of any applicable state or federal laws. See. 26-234. Criminal and Cavil Penalties. I (a) A person commits an offense if he or she knowingly makes, causes, or pa,aits a use of water contrary to the measures Implemented In the Drought Contingency Plan ("Plan'). For the purposes of this section, it is presumed that a person has knowingly made, caused, or permitted a use of .cater contrary to the measures implemented if the mandatory measures have i been implemented iccording to the Plan and any one of the following conditions apply; A (1) The Plan prohibits the manner of use, i 6 it I 1+ t 1 1 I r (2) The amount of water used exceeds the amount allowed by the Plan. (3) The amount of use or the amount used violates the terms and conditions of it compliance agreement following a variance granted by the Assistant City Manager for Utilities. (b) The following penalty shall apply during stages 3 and 4 of the Plan: any person who violates any provision of this article shall, upon conviction, be punished by a fine not to exceed two thousand dollars ($2,000.00). Each day that one or more provisions in this Plan is violated shall be considered to be a separate offense. (c) The City Attorney is authorized to commence an action for appropriate legal or equitable relief in a court of competent jurisdiction in addition to the penalty mentioned in the above subsection (b). Such additional relief may include: (1) An injunction to prevent a violation of this chapter; (2) Recovery for expenses incurred by the City in responding to a violation of this chapter; (3) A civil tine of up to one thousand dollars ($1,000.00) per day for violations of section 26-233 and the Plan attached hereto; or (4) All other damages, costs, and remedies to which the City may be entitled. SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinance of the City of Denton, Texas, as amended, except when provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which even conflictive provisions of such ordinances and such Code are hereby repealed. SECTION 3. That it is hereby u 0 -.red to by the intention of the City Council that the sections, paragraphs, sentences, 6Ua -d, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such constitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance since the same would have been enacted by the City Council without the incorporation of this ordinance of any unconstitutional phrase, clause, sentence, paragraph, or section. SEC ITON 4, That this ordinance shr 11 become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby direct^d to cause the caption of this ordinance to be published twice in the Demon Record-Orunlcle, the official newspaper of the City of r Denton, Texas, within ten days of the date of its passage. 8 I u c. ' t. PASSSED AND APPROVED this day of '1999. I CITY OF DENTON, TEXAS i f lack Miller, Mayor ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEOAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY I I i r! i' f t. t AGENDA INFOICNIATION SHEET AGENDA DATE: December 7, 1999 DEPARTMENT: Planning Department CM/DCbilACM: David Hill, 349-8314 SUBJECT-Z-99-092 (Beaver Creck) Hold a public hearing and consider a request for a specific use permit (SUP) for a manufactured home park on approximately 86.0 acres. The site is in an Agricultural (A) zoning distri;t. It is located roughly six hundred feet north of loop 288 on the west side of Stuart Road. The Planning a:id Zoning Commission recommends approval (5-1) with conditions, SPECIFIC USE PERMIT According to Chapter 35 of the Code of Ordinances, a specific use permit (SUP) Is required for the operation of a manufactured home. There are seven (7) criteria that a proposed land use must satisfy in order to receive a specific use pcmmit according to Chapter 35 of the Code of Ordinances (see Attachment 1 - Enclosure 1). These seven criteria address compatibility, orderly development, adequate facilities, vehicular and pedestrian traffic, nuisance prevention, lighting, and screening between the proposed land ,I use and existing land uses. A specific use permit should be issued only if all seven (7) criteria arc met. City Council can impose conditions that will protect the public interest and welfare of the community, including a time period for which a specific use permit is valid. A specific use permit can be revoked nr modified, after notice to the property owner and a hearing before City Council, if it is obtained or extended using fraudulent or deceptive information or if one or more of the conditions imposed has not been met or is violated. This authority provides the City of Dcnton the ability to cusure that any land use allowed by a specific use permit will operate in a continuous fashion consistent with the intent of the permit. REGULATION OF MANUFACTURED IfOME PARKS The manufactured housing industry has changed significantly over the past twenty-five (25) years. In 1974, the U.S. Congress adopted The National Manufactured Housing Construction and Safcly Act to promote the safety, construction and durability of manufactured homes. Pursuant i to the enabling authority by the Federal Act, the Texas Legislature passed the Texas Aanufactured Housing Standards Act. This legislation differentiates between "mobile homes" and "manufactured homes." it defines a "mobile home" as "a structure constructed before June 15. 1976. transportable...," Texas law distinguishes these early built "mobile homes" from i "manufactured homes' by defining HUD-code manufactured homes as "a "cture constructed on or alter June 15. 1976, according to the rules of the US. Department of Housing and Urban Development (HUD), transportable..,." The distinction Is important because Texas law 1, i t. r ~I i authorizes a municipality to prohibit "mobile homes" from being located or moved into its city limits, but not manufactured homes. Cities can not forbid manufactured homes altogether. The Federal Act expressly prohibits state and local governments from es(ablisbing standards for the safety and construction of manufactured homes that differ from federal standards. However, federal and state laws allow a municipality to determine which areas %,ithin its city limits are appropriate for HUD-code manufactured homes. Like many other municipalities, the City of Denton approaches this determination by requiring a specific use permit (SUP). This allows the City to have greater discretion over the location of MHP's. The City of Denton regulates the design of manufactured home parks and recreational vehicle parks within Denton's city limits in accordance with Chapter 32 of the Code of Ordinances. There are thirteen (13) operating MHP's inside the City of Denton see Attachment 4 - p, l Y ( 3 of this staff report); all were in existence ' n xtstence at the time they were annexed and were allowed to continue to operate as nonconforming uses. Denton initiated licensing of manufactured home parks in 1985. In the thirty years since the City of Denton adopted zoning regulations, not one (1) application for a specific use permit (SUP) for a manufactured home park has been approved by City Council. PROJECT HISTORY The applicant first approached the City of Denton earlier this year to develop a manufactured home park (MHP). The Planning Department received an application for a preliminary plat (PP- 99-021, a.k.a, Mcsquite Meadows) on February 23, 1999. The project represented one (1) of three (3) applications that the Planning Department had under review, involving proposed manufactured home parks within the City of Denton's extraterritorial jurisdiction (ETJ) (see Attachment 2), The other two projects included a nineteen (19) unit MHP on a 19.8 acre tract of land located on F'dwards Road (PP-97.121, a.k.a. Lubbers Addition) and a three hundred and thirty-seven (337) unit MHP on a 75.7 acre tract of land located on h3cKinney Street (PP-99-012, a.k.a. Trinity Meadows). With each property being located outside of the city limits, the authority of the City of Denton over the proposed manufactured home parks was limited to ' subdivision, not land use. City Council initiated involuntary annexation proccedirgs on the above referenced tracts of land to bring the properties within Denton's city limits to regulate development. All three properties \ were incorporated into the city on August 3, 1999. Subsequently, the applicant applied for a specific use permit (SUP) to proceed with the development of an MHP at this location. BACKCROUN 'r The applicant is proposing a four hundred and twenty-eight (428) dwelling units or stands, according to the SUP site plan (see Attachment 3). The property Is currently undeveloped. The surrounding area is also undeveloped, except for the Southfork Mobile Home Park that is located immediately north of the subject property. It is outside the city limits, but within r ' the City of Denton's extraterritorial jurisdiction (see Attachment 3- Enclosure 3)• The Denton Independent School District (DISD),imis land to the east of the cite on the other side of Stuart Road. The school district plans on constructing a joint high school and middle school site at this location at some point in the future, A public park is intended to be located between the schools and Loop 288. 20 t. c. I i On August 3, 1999, the subject properly was annexed (Ord. 99-258) and placed in an Agricultural (A) zoning district and land use classification (Ord. 99-259), which amend.vS the City of Denton's zoning map. "r Six (6) properly owners were notified of the zoning request (see Attachment 4). Two (2) responses have been received (see Attachment 3). One (1) is from the subject property owner; they are in favor of the request. The other is from the Denton Independent School District; it is opposed to the request. The opposition represents seven percent (7%) of the land area inside the city limits and is within two hundred feet of the site. PRIOR ACTIONIREVIEW The following is a chronology of Z-99-082, commonly known as Beaver Creek: Application Date - October 13, 1999 DRC Date(s) - October 21, 1999 and October 28, 1999 P&Z Date- November 10, 1999 ESTIMATED PROJECTS H .D 11 F The next step In the development process Is platting. The developer must also submit a plot plan to the Building Official in accordance with Chapter 32 of the Code of Ordinances. Permits can be issued once the final plat is recorded with the County of Denton and the plot plan is approved. I FISCAL INFORMATION Development of this property will increase The assessed value of the city, nounty, and school district. It will require no short-term public improvements that a,,v the responsibility of the city. RECOMMENDATION The Planning and Zoning Commission recommends approval (5-I, Salty Rishel opposed) of this zoning request with the follow^ng conditions (see Attachment 7 - pp.185.187 of the P&Z minutes): 1. Perimeter fencing shall be constructed with metal posts no mor i than eight feet (8'-0") on center between masonry columns placed a maximum of fifty feel (50'- 0") on center. 2. Concrete sidewalks four feet (4'-0") in width shall be provided along both sides of all public and private streets. 3. A parking pad constructed of concrete with minimum dimensions of eighteen feet (18'-0") in width and twenty-four feet (24'4") in depth shall be provided for each i ' dwelling unit (manufaclured home). 4, All utilities shall be located underground. 3. A minimum of fourteen percent (14%) of the gross site area (85.033 acres) shall be reserved for open space as per the site, f (roudirtons conNnurd on next page) 3. c6. Street lighting on private streets shall meet public street lighting standards. 7. The RV/boat storage area shall be constructed with an all-weather surface 6 pavement. 8. The clubhouse shall be constructed so that no less than 70 percent of the exterior walls are constructed of a masonry product, brick or stone as noted on the site plan. 9. Crosswalk striping shall be provided across the proposed collector street at its intersection with Stuart Road and near the clubhouse as shown on the site plan. 10. Garages, if constructed, shall: a. at a minimum, provide space for at least a single vehicle; b. provide an industry-standard sized overhead garage door; c. have a minimum 3/12 roof pitch; d be enclosed on All four sides: c, not have metal siding or roofing; and f, be architecturally compatible with the manufactured home. It. All porches and steps shall be affixed in a permanent manner and be built in accordance with the City of Denton Building Code. The conditions have been Incorporated into the revised site plan and have been made part Exhibit B of the proposed ordinance (see Attachment 8 - Exhibit B). OPTIONt 1. Approve as submitted. 2, Approve with conditions. 3. Deny. 4. Postpone consideration. 3. Table item. ATTACHMENT I. Specific Use Permit Criteria (Section 33.112 of the Code of Ordinances). , 1. Annexation Map (A•84, A•83 and A-86). 3. Revised Site Plan (with Planning a.id Zoning Commission conditions). 4. Nolification Map, 3, Property Owner Responses (2). 6. Planning and Zoning Commission Report, November 10, t999, Z•99-082. 7. Planning and Zoning Commission minutes from November 10, 1999. 8. Drag Ordinance. 9. Respectfully submitted: 1)oug Po ell 1= - ~ i Director of Planning and Development Prepared by: «'a a ee Plannc If 4. t5 P ATTACHMENT 1 a Sec. 33.112. Conditions for approval, A specific use permit shall be issued only if all of the following conditions have been found: 11) That the specific use will be compatible with and not Injurious to the use and enjoy. ment or other property nor significantly dlminlsh or Impair property values within the immediate vicinity; (2) That the establishment of the specific use will not impede the normal and orderly development and Improvement orsurrounding vacant property; 13; That adequate utilities, access roads, drainage and other necessary supporting facil. ities have been or will be'provtded; (4) The design, location and arrangement or all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; (3) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibrati,•.; 161 That directional lighting will be provided so as not to disturb or adversely affect neighboring properties, and (7) That there is sufficient landscaping and screening to ensure harmony and compati. billty with adjacent propert";. (Ord. No. 69.1, 4 I(App, B. Art, 10E),1.14.69; Ord. No. 81.103, ;1,11.3.81; Ord. No, 8492, 1, 7.2484; Ord. No. 8333, 64 1, 2, 249-83) See. 3b.113. Additional condltlons. In authorizing a specific use permit, the planning and toning commisslon may recommend and the city council may Impose additional reasonable conditions necessary to protect the public Interest and welfare of the community, including a time period for which a specific use permit Is valid, (Ord. No. 69.1,1 I(App, Bi Art, 10F),1-14.69; Ord. No. 81.103,11, 11.3.81; Ord. No. 84.92, 4 1, 7.24.84; Ord. No. 6843, Of 1, 2, 2.19.85) Sec, 33.114. Time limit. A specific use permit issued under this division shall become null and void unless con- struction or use is substantially underway within one (1) year of the issuance or the parrrlt, unless an extension of time is approved by the city council. (Ord. No. 69.1, 61(App, B, M. IOW, 1.14.69; Ord. No. 81.103,111,11.3.811 Ord. No. 84.92, 0 1, 7.24.64; Ord. No. 85.33, It 1, 2, 2.1985) sec. 85.113. Revocation. A specific use permit may be revoked or modified, after 210004 .10 the property owner and (j a hearing before the city council, for either of the following reuoas: (11 The specific use permit was obtained or extended by fraud or deception; or (2) That one (1) or more of the conditions imposed by the permit has not been met or bar been violated. 10rd. No. 69.1, 11 I(App. B. Art. IoH),1.14.69; Ord. No. 81.103,111,11.3,811 Ord, No. 84.92,11 1,1.24.84; Ord. No. 86.33, 1111 1, 2, 2.1983) 5. I j I LE ATTACHMENT 2 T 2-99-082 (BEAVER CREEK) NORTH 9 1 i Krvm \ e a:. 1 u Porklr i 1i Q Shady Bnon P t; E-- CO LMIDIkis ' ArQ,A~ Hokory Cn1 k ANNEXATION MAP A-84 LUBBERS ADDITION A•85 MESQUITE MEADOWS (BEAVER CREEK, Z-99-082) A•86 TRINITY MEADOWS Agenda Date: December?, 1999 Sava: None 61 •Y I Y M G• f., Y Y• F• r I 4 \ 1 x+'' O~ll\7s i p.j Z / n I - _ • • w • 1~' ) r 11 I 4 ~k 1 6:2Yf'~~.7 w:Lt• J r ~ / I Y , • a • » w f w'• i Y_ I f ` } y` r ^ ' C'Yyi~'4r'7117"C.=}» j. i i e I ~ F • " • i 11~ ~ a ~-~."'f.1'..f7 i• irJ F • • P i • r • Y. Fi • 1 I~ 1 Y I -yyli L.~rLY71tLf l 1 ~~7 \ N Y Y / N • ~ • • Y Y 1• Y • 1 : % Tr ~ .1 ~ . ~ V ~ - •CA'wwrl~wr 1 / . » - + - I ~ ~ Ej / Y • • i i w k • 'F ^ ~y~~~ Iti4 fr'»Y....r rr. i l Y/ Y ~,a.~r.~11 T ~i• r aw±•rY ~Z' .r~ ! i i 1 1 •M •,.a • s I XjY,yA rr r ]r'. s ~.Ir r f , 4~P• ` [ rll ~ r J Y N ~ i_sTS1~~6i. I N •1 F L r r r. 1 ~ 6; ii* • x • • " / jr 1 1 • j ti • • _el Yx ~ 1 _ 1; .l N I 019'r J 1 _ 111LlllL I r / ~ _ _ ~ I / Oil it L%- ty. t-- "t'... x•' a e...P... in W t 4 r al NP,r. _ 1YPICAL1'N_TmN.a' R -q r 1[ '1 C 1 •_.Y »w •ow ~ _ Y11Y MwMM l9•IYIII I ld I!'F - ; yYn. Yr w~N WYIf lW R ~ MI. 11Y lQC 1+[I,1 MAP mM.4. •.•.N MM Yw a 4 F1 ,Y• :rCl pal EC z :ZEVISEI~ x7 ~ 7 , f ATTACHMENT 4 Z-99-082 (BEAVER CREEK) NORTH e; j .'a may, J s: ? ,r d5µ4 a ~ p~& I~~iW ~~Or1 II p~ SITE f F R N r T{1~](31w t '1 h f S ri 200'-500' NOTICE MAP 200' Legal Nutices sent vla Certified Mail: J_ 500' Courtesy Notices sent via 1" Class Mail: -L Number of responses to 200' Legal Notice • Opposed: ,L • In Favor: ,L . Neutral: _L ' ' A , Percent of land within 200' In opposition: 7% r h' City Council Date: December 7, 1999 Scale; None ATTACHMENT 5 NOTICE OF PUBLIC lr-FEARING Z-99-082 The Planning and Zoning Commission or the Ci+y of Denton will hold a pubic hearing on Wednesday, 10 November 1D, 1999, to consider recommending approval is City Council a spedf!o use permit (SUP) for a menufaclured home park on 81.318 acres. The alto is In an Agricultural (A) zoning disWcL It is located approximately six hundred feet north of Loop 288 on the west side of Stuart Road (see map on backside). The property Is legally described as a portlon of Tract 1 out of the T. Toby Survey (Abstract 1288) and Tract 19 out of the V. Galior Survey (Abstract 452), in the Crty of Denton, Denton County, Texas. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 216 E. McKinney Street, Denton, Texas, B;couse you own property within two hundred (200) feet of the subrccf property, the Planning and Zoning Commlaslon would like to hear how you feel about this zoning change request and invites you to offend the publlc hearing. Please, in order for your opinion to bo taken into account, return this form with your comments prior to the date of the public hearing. (This In no way prohibits you from attending and partlcipaling In the public hearing.) You may fax It to the number located at the boftom, mail It to the address below, or drop ft off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Ried, Planner, II The zoning process Includes two public hearings designed to provide opportunities for citizen 1 Involvemont and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified or the zoning request by way of this notice. The first public hearing is hold before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses In seaport and In opposition, Second, the zoning petition Is forwarded to the City Council for final action pruvlding the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These, forms ore used fo calculate the percentage of landowner opposillon. Please circle one: In favor of request Neutral to request Opposed to request Comments: _ss /I fr r Q rr°~or~ Te la 4e, ~a,~) qC-4 ,afar. Signature: t` 'ie> ~t• t 1.+A, Printed Name: q', Ny Mailing Address: S c 'Nr T City, State Zip: t Telephone Number. !S ~3 J j i I ti FIN. sical Address of Property within 200 feet: CITY OF DENTON, TEES CITY 1Kl. WEST ~ DENTON, TEXAS 78201 ~ 940.349.t1940 ~ IF) 940,"349,7707 1,99-002 Lepel Notlu doe 9 c, P• NOTICE OF PUBLIC HE Z-99-082 The Planning and Zonin g Comml6Slon of the City of Denton will hold a public November 10,1999, to consider recommending approval to City Council a speca manufactured home park on 61.318 acres. The site is In an Agricultural zoning istricL It is M,- located approximal~'v six hundred feet north of Loop 288 on the west side of Stuart Road (see map on backside). The property Is legally described as a portion of Tract 1 out of the T. Toby Survey (Abstrac t 1288) and Tract 19 out of the V. Gellor Survey (Abstract 452), in the City of Denton, Denton Coun, ty Texas. The public hearing will start at 6:30 p,m. In the City Council Chambers of City Hail located at 215 E. McKinney Street, Denton, Texas. Because you own property wkhln two hundred (200) feet of the subject property, the Planning and Zoning Commission would bke to hear how you feel about this zoning change request and Invites you to attend the public hearing. Please. In order for your opinion to be taken Into account, return this form with your comments prior to the date of the publio hearing. (This In no way prohiblfs you from attending and partkipaNng In the public hearing.) You may fax it to the number located at the bottom, mall It to the address below, or drop It off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner, Il The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and oommenL Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notilled of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses In support and In opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written i out of seven votes of Via City Council are required to a opposition, then are used to calculate the percentage of landowneroppostl ona the zoning change. These forma aro Please circle one: In favor of request Neutral to request Opposed to request Comments: Signature; p ! Printed Jim R, Alexander ~tS[7 ~aS `1 ps.~]aM~ f ~I 1~~:IIIIIIi' Mailing Address: 1307 N. got „t cr. NOV 10M CO, State Zip; Denton, Tx 16201 I 71'j;-67 -J ' A Telephone Number: 940-381-6151 x 223 ~f.12NT Physical Address of Property within 200 feet: _ A portion of Tract 28 Abstract 611 (4306 Stuart Lane) CITY OF DENTON, TEXAS CITY MALL WEST • DENTON, TEXAS 10201 - 040.342.&M • (F) 040,349.7?01 Z-P9 082 tegal Nonce dot 10. R ATTACHMENT 6 PLANNING AND ZONING COMMISSION Aeid3iam STAFF REPORT -~e- Subiact: Beaver Creek Casa Num6nr; Z-99-082 Staff: Wayne Reed, Planner II a t :November 10, 1999 PURPOSE - i r . Hold a public hearing and consider making a recommendation to City Council concerning a spefic use permit (SUP) for a manufactured home park (MHP) on approximately 86 acres. The site Is in an Agricultural (A) zoning district, It Is located approximately six hundred feet north of Loop 288 on the west side of Stuart Road. I, 05t If! t' , a. 1 ♦y C f ~ kyvr "r~ K m 1 i - ti fA r `f r ..'•i•T•M,~ ShOdy Dorf x _tf tit i 00 r" tiAr +y ! Duty/ NorlnUkI 4 Ii T V Kekory Cris I:iK1H3. t LOCATION MAP Location: approximately six hundred feet north of Loop 288 on the west slde of Stuart Road Slza: 881 acres z~~ nee rr si~~ a~•t~~r 11. i ~ G_~~ERACF,(NFO~tl41l~X1o~i r ~'""'f~~~~'~S'~ ~ Applicant; Brenda McDonald Owner: Mark Cline McDonald Associates, PLLC Leaping Leopard, Ltd. 8333 Douglas Ave., Suite 900 P.O. Box 1376 Dallas, TX 75225 Addison, TX 75001 ,SUMMARY OF ZONINC:RIQUEST The applicant Is proposing a manufactured home park with four hundred and twenty-eight (428) dwelling units or stands (see Enclosure 1). The property Is currently undeveloped and was recen'Jy V annexed Into the city. It is located north of Loop 288 and is surrounded by undeveloped land to the EE West, South and East. There are no existing single-family subdivisions north of Loop 288 in this area. However, the Soulhfork Mobile Home Park is located immediately north of the subject property and Is located within the City of Denton's extraterritorial jurisdiction (see Enclosure 3). P-WEIC.USE RERMIT,PR-01M. d .'a SThere are seven 7 criteria that a proposed land use must ~J ,I;•,~ t;. ~ :f There O satisfy In order to receive a specific use permit according to Chapter 35 of the Code of Ordinances (see Enclosure 2). These seven criteria address compatibility, orderly development, adequate facilities, vehicular and pedestrian traffic, nuisance prevention, lighting, and screening between the proposed land use and existing land uses. i A specific use permit should be issued only if all seven (7) criteria are met. The Commission may recommend conditions to the City Council to protect the public interest and welfare of the community, including a Una period for which a specific use permit Is valid. A specific use permit can be revoked or modified, after notice to the property owner and a hearing before City Council, if it is obtained or extended using fraudulent or deceptive Information or if one or more of the conditions Imposed has not been met or Is violated. This authority provides the City of Denton the ability to ensure that any land use allowed by a specific use permll will operate In a continuous fashion consistent with the Intent of the permit. REGULATION OF MANUFACTURED HOME PARKS f' : Manufactured home parks and recreational vehlcie parks located within Denton's city limits are regulated by Chapter 32 of the Code of Ordinances. If a specific use permit is Issued for a manufactured home park (MHP), the next step In the development process Is for the developer to apply for a permit. (A plat must also be approved prior to any development.) The building official is assigned the authority by the Code of Ordinances to coordinate the review and approval of all applications for manufactured home parks (and recreational vehicle parks) permits (see top of next ^ page). 2 99 W oZ 57a T Rglat M.t 12. ' f Section 3241. Issuance. When upon review of the application, the buAding official Is satisfied that the proposed plans meet the requirements of this chapter and other applicable ordinances and after four (4) complete sets of plans have been retumed raflecling all changes requested by any city official, a permit required under this article shatl be Issued. Operator's of MHP's and RVP's must apply for and receive an annual license. Prior to the issuance of a license, the Building Inspections Department must conduct an inspection of a park to ensure that it is In compliance with the proviElons of Chapter 32 of the Code of Ordinances. H it Is not, a park Is provided an opportunity to correct the deficiencies. Failure by any park to comply results In the discontinuance of operations. Ucens ng of parks began In 1985 with the adoption of Ordinance 84-65, All parks within the limits of the city that were legally operating prior to May 22, 1984 were allowed to continue to operate as neirconforming parks after applying for and receiving a park license. There were fifteen (15) existing ps•ks In 1985, Including one (1) recreational vehicle park (see Table 1). Of those fourteen (14) MHP's, thirteen remain operational, while two (2) have ceased to operate, No licenses hE ve been Issued for new manufactured home parks since 1985, as no specific use permits have been +tpproved for MHP's during the past fifteen (15) years. i Table 1. Existing MHP's and RYP's in 1985101999 within City of Denton. Manufactured Home Park 0 of Stands Address 1985 1999 1 Center Point 2212 Fort Worth Drive 174 169 2 Cla ton Estates 6301 E. McKinne Street 635 627 3 Coun View 2800 Fort Worth Drive 76 77 4 Denton West 3900 Teasley lane 307 307 5 Denton Northeast 5505 Fish-trap Road g• 32 6 Gaston 2913 Flad er 25 25 7 Hillcrest '2Wo Fort Worth Drive 62 82 8 Lakewood Estates 3939 Teasley Lane 410 410 9 Ma hill Road Village 1401 S. Mayhal Road 30 0 10 Inman 116 an Street 19• 22 11 Pecan Croak 2601 S. Ma hii, Road 225 225 12 Post Oak 109 Masse Street 65 108 18 Sherwood 3760 Pockrus Page Road 114• 113 10 -Triangle 3354 Teasley Lane 21 11 Total Number of Manufactuwd Homo Stands In MHP's 2,182 2,186 • Flqure represents the number of stalls in 1989 as This MHP did not apply for a license until 1989 even though 0 existed pdur to May 22, 1984 (Ord. 94.85), I i all I Rscreetional Vahlcia Park Address 1988 1999 ~r, 15 J 8 L Trailer Park 1481 S. Mil lil Road 4 3 A 1 99 062 P2 6tal Rgcvt6w. 13, a I op'~C1AI-'1N~..~~lns~`~1Y~1~`~ir.~'~1'i"tGi~~i'k~'e ►'~c 6; 1. Transportation A. Trip generation The proposed development would generate approximately 2,084 trips per day if built out with 428 manufactured home units (see Table 2). This Is 3,076 fewer trips or sixty percent (60%) less than the allowed trip generation In a Low Intensity Area. Table k Potential Trip Generation LendUu AveregsTrip Avenge Acres Proposed Tota~1 T~Ip~ Generation' Density Dweilin Units Generation S',ngle•Fernily 4.871ripsldulday 4,98dulac sot 4281ols 2,084 DDP Avowed Trip Generation 8o trlpsldaylacres 883 6,160 Difference 3,078 trips or 60% lose than allowed ' Calculations provided by the Invilufo of Transportation Engineers, 199 f. NOTE: The applicant Is conducting a Traffic Impact Analysis (TIA) as part of the approval process for the preliminary plat. This study will demonstrate what Impact should be expected from this development. Transportation Improvements will be triggered by this analysis. B. Road Capacity Stuart Road (north4o-south) is Identified as a local street by the 1998 Denton Mobility Plan (see Enclosure 6), This street Is designod to be a two (2) lane undivided street without parking, providing two (2) lanes of through traffic. As such, its designed traffic capacity allows for b tolerable traffic flow of up to 9,100 trips per day. It Is currently constructed with two (2) lanes and has an at-grade Intersection at Loop 288. It will be disconnected from Loop 288, if this development materializes In accordance with the Donlon Mobility Plan. There are no traffic counts for Stuart Road north of Loop 288. Stuart Road (west-to-east) Is Identified as a collector street by the 1998 Denton Mobility Plan (see Enclosure 6). Thiel street Is designed to be a four (4) lane undivided street without parking, providing four (4) lanes of through traffic. As such, its designed traffic capacity allows for a toierable traffic flow of up to 14,900 trips per day. It Is currently operating with two (2) lanes undivided without parking and is of substandard construction (not paved). The standard street design calls for eleven fe,rt per lane. There are no traffic counts for this road. All traffic from this development will feed east to Sherman Drive along Stuart Road as there is no connection to F .M. 2164 (Locust Street) at this time or w.ll be required to bu11d out to Locust Street. Sherman Drive Is Identified as a primary major arterial road by the 1998 Denton Mobliity Plan (see Enclosure 6). This road Is designed to be a sfx (6) lane divided street without parking, providing six (6) lanes of through traffic. As such, Its designed traffic capacity allows for a tolerable ' traffic flow of up to 27,900 trips per day, It Is currently constructed with two (2) lanes without / A' parking north of Loop 288. The most recent traffic count for Sherman Drive north of Loo 288 r counted 9,352 vehicles In one day, This Indicates that there Is adequate capacity to handle the calculated trips that could be generated by the proposed development. 2 W 002 PI Sra9 Rant dolt 14.~~ c s 7lnd!vldual ufactured home lot would be perm itted to have direct access onto the future nning through the subject property or Stuart Road (north-to-south). The proposed MHP would take access onto the future collector as shown on the site plan (see f Enclosure 1). Internal (private) streets would have to be constructed to provide Internal circulation within the manufactured home park, D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This development will have to extend water and sanitary sewer lines. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary dralnage study will be required with the submission of a preliminary plat. The study must 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 r As per the sign ordinance. I 5. Off-Street Parking i EvPry manufactured home stand shall have two (2) off-street parking spaces; recreational vehicle diands shall have one (1). In addition, any office and other facility must provide off-street parking In accordance with the regulations of Chapter 35 (35.301) of the Code of Ordinances, 8. Landscaping This property will have to comply with the new Landscape Code, which requires Mean (15) trees per acre and twenty (20) percent of tell surfaces to remaln pervious (plantable area). 7. Open Space and Recreational Areas , , The proposed development must provide private recreational areas for its residents. Section 32- (f;. 85 of Chapter 32 of the Code of Ordinances requires at least one (1) recreational area that will meet the anticipated needs of the cllenteie of the park and Is not lase than eight percent (846) of the gross park area, This requirement Is above and beyond the development's obligation to Z 99 082 PZ Sral R-p*ol doc 15, i. participate in the development of public recreational areas in accordance with the Park Dedication Ordinance (98-139), It will still contribute to park land dedication and park development fees. Dedication requirements are required during the platting process. Public park development fees are required prior to the Issuance of building permits. 8. Lighting Lighting is controlled and reviewed during the permitting of a manufactured home park. Specifically, Section 32.83 of Chapter 32 of the Code of Ordinances requires adequate lighting for a manufactured home park or recreational vehicle park in a manner approved by the director of public utilities, Pltbl?E~iTY; HIS7O12Y. i, * ' w z ;i1, August 3,1999 -The subject property was annexed (Ord. 99.258) and placed In an Agricultural (A) zoning district and land use classification by Ordinance 99.259 which amended the City of Denton's zoning map (see Enclosure 4). The subject property Is not platted and would need to be platted prior to any development. mall Notice of the zoning request was published hi the Denton Record-Chronicle on October 31. 1999. Six (6) property owners within two hundred feet were malled legal notices and one (1) resident within five hundred feet was sent a courtesy notice Informing hlmfier of the request (see Enclosure 7). As of this writing, there have been no (0) responses. No neighborhood meeting has been held. Stkr r _ F'S ANALYSIS' Staff finds the request for a manufactured home park at this location Is compatible with the surrounding area. It %vill provide adequate public facilitles; it will increase safe vehicular and pedestrian traffic by Improving road conditions along Stuart Road and by closing off the Stuart Road at-grade Intersection with Loop 288. The park will be sot back some six hundred (600) feet from Loop 288, which will allow the land in between to develop at a future point In time. Screening around the perimeter of the park will enhance the appearance along Loop 288 In much the same manner that a single-family subdivision would with the added assurance of annual Inspections. The park will ensure that there is adequate Ilfihting for Its clientele as approved by the Director of public utilities, r Z 0 08) Q smI Rgcmt6X 16 C' Staff recommends approval of 2-99.082 finding that it meets the seven (7) criteria of Section 35.112 of Chapter 35 of the Code of ONInances. I move to recommend approval of Z-99-082, PAL L 1. Recommend approval as submitted 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone conslderstion. 5. Table item. ty~ 'l~~•~i,.~'~1"' 8 y' AoY'~@"i:i ~{gl '.i.:~~l i1~ 1, Beaver Creek Manufactured Home Park (MHP) Site Plan 2. Specific Use Permit Critarla (Section 35.112 of the Code of Ordinances) 3. Vicinity Map r 4. Zoning Map 5. Utility Map 8. Denton Mobility Plan Map 7, 200'-500' Notification Map . i+ Z-99 092 P2 Stil "LQoc 1~~ c. ~~1 - } ~1 / I • I^ 1 ` 1~• r ~V x r• Y , r I • 1 I r 1`~ • - .MWRlM •1 S.!"'t;,•.~ i 1 I w ~ i r 1 • \ V \ n\y / 1 r. 1 ! .Y. : ~ J. 3.• S "a ~I,,~~ i I I~.l, I~Ilri / / _L, ~ ~ ~ r-- rsr_ n ~a 1 N 1 x \ ri , ~ Y \Y~f / .I ' Y I • N x~N Yi \SYSn• i•1 ~r_ + r ~w /'•\I'+/Ir\+.I `~~w4. 11 lw~ ''1 Jr r~Y r v \ Y N • a a n1« r ~ Y Y a • ~ ' • I 6{`•t'1C I:': r~l I N j I~ tl I i '1 `1 I j~ r~^ ~ 1 •1 , r .f/ ti '•4J3 / Y~• N~O L I~r ~lr ~~IY r ■ yi •~i': d"tt.q ,li r 1 .;«!!l,/ L / ` -7 •.s~i,~ Y~ It Nlt ylr~'/5 N.. 'LC.•':. I,. r., Y I • • ' 1. a , 1.11'''1 N • I • t f 11, I: ' a" _ , ii ' f tI J r, .'u~~S• 1/ x N " I Y N•• • h n1Y{• Yl rl 1 I « ~ 14lk'Cr••..• ~ _ •~\.t• \I••w~ ~ hr•~.. r// fl •h RJR .t.~-.•( Y•1 , r' • Y N I i ~ '~N I',O r ~ •.1 .r .r ' _ r + r; \ N • n r Y e Ir r « n _ ~ _ r~ ` 1~ ay I Iwr4 w• J ♦ r~ • 1 i ~ 1 I 1 I I 1 _ ~ I I nr r T rl•.I rYrFrR>R'►Itf`- s _ w ••-~--~r...YYY,~~~~. ! ~ ~ ~ ~ I J Itl i' wv+~ Ewa •r.,.•li•1' r.i~~~~. I I Ir rN Y'1 • •Y ~ ILIWW•n r. cs I ~ ~ err rs`"~ w I. +s4'• wn ur tw TYPICAL ObMP !!t1 YH 1Y• i ~ ! •l4~M6P I fY rr NMI4M••• i r.•'r•• IM" ~ MN 1 I Wk •wrp u ~r I W.11 17, t: I i ENCLOSURE 2 Sec. 85112. Conditions for approval. A specific use permit shall be Issued only If all of the following conditions have been found: 11) That the specific use will be compatible with and not Injurious to the use and enjoy. ment or other property nor significantly diminish or Impair property values within the Immediate vicinity; (2) That the establishment of the specific use will not Impede the normal and orderly development and improvement of surrounding vaunt property; (3) That adequate utilities, access roads, drainage and other necessary supporting facil• Ities have been or will be'provided; (4) The design, location and arrangement of all driveways and puking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; (5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; (6) That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and (7) That there is sulliclent landscaping and screening to ensure harmony and compati- bility with adjacent property. (Ord. No. 69.1, 4 I(App. B, Art, 1013), 114.69; Ord. No. $1.103, 11, 11$81; Ord. No, 64.92, 1, 7.2464; Ord. No. 8533, 11 1, 2, 2.19.85) Sec. 85113. Additional conditions. e In authoriringe spectflc u3o and the city council may Impose additional reasonable conditions necess ry to protect commend public Interest and welrare of the community, including a time period which to specific use permit Is valid. (Ord. No. 69.1, 4 I(App. B, Art, 10F), 114.69; Ord, No. 81.103, 41,1 t.581; Ord, No. 84.92, 4 1, 7.24.84; Ord. No, 86;93, 441, 2, 2.1946) Sec. O5.114. Time limit. .4 specific use permit issued under this division shall become null and void unless con- struction or use is substantially underway within one (I) year of the issuance of the permit, unless an extension of time is approved by the city council. (Ord. No. 69.1, 4 I(App. B, Art, 100), 1.1469; Ord. No. 81-103, 111, 11.3.81; Ord. No. 8492,1 1, 7.24.84; Ord. No. 8533,14 1, 2, 2.19.85) Sec. 35.115. 1levocatlon. r j A specific use permit may be revolted or modified, after notice to the properly owner and / ~ ; c J a hearing before the city council, for either of the following eeuons: (l) The specific use permit was obtained or extended by fraud or deception; or (2) That one (1) or more of the conditions imposed by the permit has not been motor has been violated. ;Ord, No. 691,1 I(App. B, Art. 10H),1.14.69; Ord. No. 81-103, 11, 113.61; Ord. No. 84.92,1 1, 7.24.84; Ord, No. 85.33, 441, 2, 2.19.85) 19. G I ENCLOSURE 3 i f Z-99-082 (BEAVER CREEK) NORTH 'I~ iII SITE ae !a~! ti./ 1 t .1 z !4 r. f ~sr. i r WRGILZI w , • K 1 ` '!7' a 1 1 • i VICINITY MAP Agenda Onto: November 10, 1919 Scale; Norte 20. i I ENCLOSURE 4 NORTH 1 Z-99-082 (BEAVER CREEK) I I F~ 1,1 lip I A I A I ,I SITE A r` s1 X PD 1m - - F PD 71 It. PD 176 !f 4 - - - \ PD 16 PD 126 \ OF-10- 1 A . A + . I \ r _ A \ I PERGUU4 W polo • PD 14 { I6F41c) 1 6.F4 `y I { ZONING MAP i i i Agenda Date: November 10,1999 Scale: None 1 21. c i ENCLOSURE 5 A& Z-99-082 (BEAVER CREEK) NORTH f SITE LOOP 20 3 ' h EXISTING UTILITIES MAP • Hydrants • Water Line (W. L.) Sewer Line (S. L.) Agenda bate: november 10, 1999 Scale: None 22. i , c 1 I i ENCLOSURE 6 2-99-002 (BEAVER CREEK) NORTH 1 I 1 I SITE p 4 f • . N Lf. . ? VERCULED UI 1 r• ~ v .w j t ZI . l ♦ ~i.r,~d.~ TT 1 DENTON MOBILITY PLAN MAP Freeways Primary Ma or Arterials Secondary Major Arterials 1 Collectors - Mumma Agenda Date: November 10, 1999 Scale: None 23. ! t is t ~ cc, ENCLOSURE 7 Z-99-062 (BEAVER CREEK) NORTH i i i SITE 200.500 FOOT NOTICE MAP (Ire i Agenda Date: November 10, 1999 Scale: None 21. 1 c, I I c- I I ATTACHMENT 7 Planning and Zoning Commission Minutes November 10, 1999 e Page 3 of 3 cific use permit (SUP) for a manufactured home park on approximately 86.0 acres. The Is in an Agricultural (A) zoning district. It Is located roughly six hundred feet north of p 288 on the west side of Stuart Road. The property Is legally described as a portion of F(mPoOOistgIo6ncarrIes5-1. a public hearing and consider making a recommendation to City Council regarding a ct 1 out of the T. Toby Survey Abstract 1288) and Tract 19 out of the V. Gafror Survey stract 452) In the City of Denton Denton County, Texas. (2-99-082, Beaver Creek, ne Reed) Perry McNeill and seconded by Carl Williams to recommend approval with conditions uncil, on of item Is Included In Court Reporter's transcript attached to this set of minutes rries 5 1. Salty Rishel opposed Susan Apple not present BLIC HEARING - OTHER ITEMS 8. Hold a public hearing and consider amending the rules of the Planning and Zoning Commission, adopted by Resolution February 26,1997. Motion by Perry McNeill and seconded by Salty Rishel to approve. 'Discussion of item Is Included In Court Reporter's transcript attached to this set of minutes (Page 197). Motion carries 6-0. Susan Apple not present, 9. Hold a public hearing and consider making a recommendation to City Council regarding a proposed ordinance that amends Section 34.17 of the City's Subdivision and Land Development Regulations to shorten the expiration date for preliminary plats. Motion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval to City Council. 'Discussion of item Is included In Court Reporter's tran^cripl attached to this set of minutes (Page 215). Motion carries 6-0. Susan Apple not present. DIRECTOR'S REPORT 10, Councit Action. 'Discussion of item is included in Court Reporter's transcript Poached to this set of minutes (Page 223). 11. Future Agenda Items, r r~ A. i r 'Discussion of item Is Included In Court Reporter's transcript attached to this set of minutes t (Page 223). i 25. ~I II I II I Condcaselt"t Page 77 Page 79 I fact, have we met our criteria within our City, whivh I tattoo parka, And then has, to my kno sWdgm, never been 2 requires that we try to limit development of this same 2 a problem there. There's been a great dal of concern but 3 type of nit ure within the half a mile that's a requitement 3 these has nd been a problem. Now, tact an same other 4 that we have. I'm concerted about the hours of operation 4 Lssu" in touts of the way the property is set out and to 5 and those are my primary objections. I will be voting in S distance, but to school is close to a large retail area. 6 this particular case against further procedure. 6 1 think that can be made to work. but 1 do not like to as 7 MR. ENGELBRFCHT: Ms. Apple. 7 a 50,000 square fool Iton that's going b draw from a I MS APPL E, t, too, will be voting rot the 8 large radius and tats not the goal that we bave fa 9 motion. Ilowcvcr, I concurred a little bit with 9 neighborhood stars. W'e're not wanting to draw folks from to Commissioner Motuno about hoping that it could be 10 outside the nelphbubood in. We're trying to keep those I1 continued so that they could come to some sat of it I I there, Main them then as opposed to moving out. So 1 12 compromise. But 1, too, agree that there is nat;oing to 12 think the facility is too large. 13 be a compromise forthcoming. Personally, I was looking 13 Okay. With that, I would say k's time to 14 forward to a grocery store sonawhere that I could leave 14 vote, if you would, please Motion carries unanimously. 15 1 can go to Alburtson's but 1 can't seem to get out of 1 $ And. Commissinvars, at this time we wilt take our 16 Albertson's, So to me that was a plus. 16 30-minute break. Thank yon, ladies and gentkaen. 0 17 1 certainly understand the concerns of the 17 (Dinner brmk taken) I8 people about the school and I think that we alI see that 18 MA O*ELRRECHT; All right radio and 19 this is probably not a compatible uve for that particular 19 gentlemen. we will reconvene dx Planning and Zoning 20 piece of land. But I guess 1 Cali it the be careful what 20 Cetmrdssion for Us evening and move onto Agenda I= No. 21 you wish for scenario because 1 have seen instances where 21 7, Let me get my Agenda and 1 will tad it. That's to 22 people did not Iike an amendment to a plan and so it 22 hold a public hearing and consider making a recommendation 23 reverted back to the original plan with not very good 2) to to City Council regarding a spec Me use permit for a 24 results, That would be my only concerts. But I will be 24 manufactured bona park on approxhaiely 86.0 acres Tbc 25 voting for the motion. 25 site Is In an Agricultural zoning district. It's located Page 78 Page 80 ' 1 MR evaLLBK"T: well. I gauss it's down to L roughly 600 feet north of Loop 288 on the west side of J 2 rte I do want to make some comments with regard to what's 2 Stuart Road. The property is legally described as a 1 3 ban requested and what's been said. Maybe I'm different 3 portion of Tract l out of the T. Toby Survey, Abstract 4 than some. 1 think tat a neigbborhood grocay stow may 4 1288 and Tract 19 out of the V. Galior Survey, Abstract S very well be a gcsnd hen on this corner of probably net S 452 in the City of Denton, Denton County, Texas, At this 6 more than 30,000 square rat maybe 35,000. The staffs 6 lime, I'll open the public hearing and task Mr. Reed to 7 pushing it. I talked to uwne grocery folks who told me 7 provide the staff rxpom ~ 8 that 23,000 square fai Is probably the tw*borbood sin. 8 Mit REED: Thank you, Chairman, and good 9 1 say that because if it was that fire and It eau a 9 evening. 10 grocery store, it could hopefully reduce the number of 10 MR EN'GELBRECHT: I'm sorry, Mr. Reed. I 1 I trips by a Large number of folks around dose who arc 11 didn't reelicc you weren't over tare. 4 12 going to have to go out to Albcrtsah's or out to Winn 12 MR. BUCEK: Mr. Rod told me to tell y'all he 13 Dixic. a ccivra, And it would reduce that which is a big 13 was running a few minutes late and I forgot. But 1 was 14 function that w: naxA to have performed tSae days. We 14 getting ready to start telling you a few stories to buy 15 need to reduce out mumbo of trips an l the Length of to IS time and he showed up. 16 trips and ifs going to hit us in the bead harder and 16 MR. REGD. Nice to know 1 can count on you, 17 harder nay day particularly ova the ne%t six to eight 17 Mr. Bucek. As l start this presentation I'm going to hand r , 18 months. We haven't seen anything yet. And 1 tank that a is out to the Commission a slightly revised site plan. I'm A, 19 xma!t grocery store on that coma would reduce that. 19 going to show you exactly what the revision is. It's very 20 With regard to to issue of she safety of the 20 mina. It Involves alignnkrsl of the stmt" onto the 21 children, I ask you folks to go look at Rayzo r Eksnrntary 21 proposed public road. I'll just start over here and if 22 Schad that sin at the coma, vbrt ally at the coma of 22 you would just take one and pass it around. 23 Malone and University. It has barn them much longer, 23 The project we're considering here tonight Is 24 considerably kmger than Sam Houston Elementary. It 24 for a specific use permit fa a manufactured home park as 25 pass" s tnowndous nunba of Items. Onc of than being a ~4 the Agenda states, And 1'd like to start off by PLANNING AND ZONINO COMMISSION 1 26' NBER 10,1999 Page 77 - Page 80 t ' A C I v. a Condense][04 Page 81 Page 83 I discussing exactly what we're doing here tonight. As I uses on the property. 7 opposed to when we're looking at rezoning of a property to 2 The surrounding conditions of the site here 3 a particular toning district and we look at several 3 are such that it is mostly undeveloped. It is completely 4 factor, the issue berore us is for an sup, which is a 4 undeveloped except for an existing mobile borne park, and I 5 process whereby in a given toning district, the Commission S use the word "mobile home park" because this is one that 6 looks at the appropriateness of a particular land use and 6 is outside of our City limits. They can accept mobile 7 you base the appropriateness basal upon span criteria as 7 homes, structures built prior to, let's just say, 1976, as 8 provided in your staff report. 71te underlying toning does 8 well as manufactured homes and we do not regulate that 9 not change in this case. So they're applying for an sup 9 park out there. So the Southrork Mobile Hoax Park may 10 for a manufactured borne park, the zoning remains to include structures built prior to 1976, as well as after I I Agriculturul and so this property can be used for anything 11 1976 so I'll refer to it as a mobile home park. Outside 12 al lowed within Agricultural. And if this is approved, the 17 of that, though, the property to the west, to the east, as 13 manufactured home park v ould be one additional use. 13 well as to the south is undeveloped. The applicant 14 And I would like to point out before we get 14 actually owns the 16.5 or so acres located south of this 15 into this, the dirrerrnoc between a mobile home and a 15 site, The school district owns the property located to 16 manufacture! home, 1 was asked to provide something to 16 the south, id's say, the southeast. There is a 17 you so that we understand distinction when we're using 17 single-family borne located inside of City limits which is IS terminology tonight, You'll hear me refer to manufacturod 18 on one large trail which abuts this site. 19 housing rather than mobile homes. The handout now going 19 The process that we're looking at is seven 20 across is highlighted to demonstrate a mobile horn is ■ 20 criteria and those criteria involve compatibility, orderly 21 structure which was built prior to June Sth, 1976. The 21 development, adequate facilities, vehicclar and pedestrian 22 manufactured home is one which is built on or after June 22 traffic, nuisance prevention, lighting, and screening, An 23 5th, 1976 and mats the Housing mid Urban f3cwclopment's 23 sup should be issued only if all seven of there are met. 24 guidelines for this type of housing. 151h, June 151h, 24 And the Commission, I like to remind the Commission that 25 1976. 23 you can attach conditions just like you do in a regular Page 82 Page 84 1 W'c are not here tonight to do the rollowing: I zoning cox if you foci that they will protect the public 2 we're not here to approve the site plan that you actually 2 interest and welfare of the community. 3 have In your hands. The site plan is an approval process 3 And Mr. Btteek may chime In if he would on 4 that is handled by the building official. We're here to 4 this, but as opposed to it zoning case, where we don't S consider the appropriateness of this use here and I want S necessarily go into some detail findings in it specific use 6 to focus the: Commission on that fact. Thure is some 6 permit process, you're looking at criteria. And you have 7 overlap, though, and some of that is alignment of strcets, 7 to addrem those criteria. So in making your 8 the lighting, scrocning, landscaping and such. So the a recommendation. staff just wants to demonstrate that or 9 appropriaternss does include some iwxi which are handled 9 state that you should be it for or against the request for 10 by the site plan. So 1 don't mean to say you can't look I o the sup, go down the criteria and address each criteria I I at some or those Issues. But the site plan itself, say, I I and state how it does or does tsot mod it So that it, 12 you didn't like the lot layout, that's actually not one of 12 your recommendation it's clear why it is that way. 13 the issues that we're looking at here, 13 The public notice. I sent out six certified 14 The history or this property is such that on 14 letters and I'd like to say sometimes In notifying 15 August 3rd of this year the City completed the annexation IS property owner there's some uncertainty as to v6o is and 16 pratss and included this property in the City limits. 16 who is rat or if the property is ox is not within 200 I7 That annexation, as the Commission may recall for those of 17 fat. In this cage I had identified In our tax rolls a 18 you that were on the Commission at that time, when you II property which I thought may be but may not be. So I Ar 19 gave a roc rruncodation to City Council concerning the 19 think there's actually only four property owners widtln 20 annex pion and the zoning, may nocali that it wai 20 200 red but I notified six. Of the four that I know arc 21 triggoed by the applicant's application for a plat to 21 within 200 fat, we've only had two reply. They were not 22 build a marurfactured home park There were two other 22 given to me prior to Friday and I'll hand them our right 23 properties in the City of Denton's ET1 that were 23 now. One is from the applicant andt of course, they're in 24 concurrently being annexed fa the exact same reason. The 24 support of thls. The second tone is from the ached 25 City did that ere that it could at least control the land 'r district. The school district owns the property, as I PLANNING AND ZONING COMMISSION T 27- ' BER 10,1999 Page 81 • Page 84 I 1 ~ 1 i Coudensellt" Page 8s Page 87 1 said, to the southeast of the site. The only portion of 1 clarification before we go any further? According to 2 that property that's inside the City and within 200 fat 2 Section 3sIo8 of the Code, and I think it was just 3 is this small clip And in your staff report, in the 3 misstated, III i pan of the application shall be 4 notice map, you' II also be able to sire that more clearly. 4 accompanied by a site plan and the site plan does become S They are oppose!. Their representation of Lke area within S pan of the specific use permit. So we can look at 6 200 feet is less than seven percent. 6 certain site plan issues. As Wayne said, there is 7 When staff made its recommendation In the 7 landscaping and fencing but that site plan does become e staff report, I considered several factors in addition to a pan of the sup as we go forward. I Just wanted to 9 the criteria which the request must satisfy in order to be 9 clarify that. 10 approved. The first is there are Fedend and State 10 MR. ENGELBREt'HT: All right, 'thank you. I I regulations prohibiting municipalities from establishing 1 I MR REED itte} can change it based upon a 12 standards for the safety, construction, and installation 12 plot plan which is late, submitted to the building 13 of manufactured homes that differ from Federal standards, 13 official. 14 We're not looking at construction, safety, or 14 MR ENGELBRECHT: Mf. Williams. is installation. We're looking at the location. We do have 1s MR. wlttwvi& My question was answered. I 16 that right to rugulate the location of manufactured home 16 wanted him to go back over the instructions again and the 17 parks, 14'hile we may prohibit mobile homes within the 17 question I had to answer I was getting ready to ask has 18 City, which the memo I handed out to you addresses the i a been answered. 19 difference hetwroen that and a manufactured home, we cane 19 MR ENGELBRECHT: Mr. McNeill. 20 prohibit maaufactured homes. 20 MR MCN FILL: i guess my question is the 21 Fourth is staff also looked at the history of 21 yet Iow area has been annexed. It Is already in the City 22 the City's issuing of sL?'s for manufactured homes, There 22 but it was brought in as Agricultural. That's what the 23 is not one manufactured home park within the City limits 23 backup rraterial is saying. 24 for which on sop has been issued f«. Rather, In the 24 MR. REED. that is correct, 25 staff report I outlinIcd the Is existing ones, is 23 MR MC'NEILL: Okay. And then down at the Page 86 Page 88 I manufactur d homes which existed at a point when we I corner, which comer were you saying was where the pawn 2 startod Keening nunufacttuod hone parks. All or those 2 was opposed? 1 was not clear where that was, 3 existed prior lo being annexed into the City and operate 3 MR REED. that small Coma. That is the 4 as ruin-conforming user. Loch year they do submit for a 4 portion of the school district's property which is s license and i'ey do comply with our regulations. So wt s represented by its written opposition there. 6 mgulate the quality of those. 6 MR MCNIFILL Okay. Thank you. 7 And firth is nsalling a previous request for 7 MR ENGELRRECHT: Sir. Moreno. ` 8 Davidsons Landing in corly'98 where the Commission a MR MoRENU on that same point, how much of 9 rao imenduf approval and Council memrureoded denial. A 9 the school district's property abuts this site in addition 10 situation thcR is ° the situation ror tint was different 10 to your little prang -colored corner? I I than this onc. Thee %us an adjacent neighborhood I say 11 MR. REED. Tore school district awns up to 12 adjacent and I use that tam lomly, but Ranch Estates 12 Stuart Lane. They own between ° this is labeled Stuart 13 wlerc more raida+b cane out to oppose h and they 13 Lane but I believe it should be called Long Road down 14 thought that h wasn't an appropriate keation. And 1 14 to the Loop from Stuart Road ever to Sherman. 13 belie a Council cited that in the maven for denying it 15 MR mows.. so het me understand, the 20 16 Here OxTc are no existing subdivisions or other 16 percent nde only applies to property within the City 17 devel(,purcvt. And the subdivisions located on tine south 17 limits. It doesn't apply to property in the ETJ 18 aide of the Loop 298 are screened by a solid wall to look 18 MA REED that is correct and that goes back A v 19 north, so stiff looked at Ouse things n addition to to J9 to the premise properly within the Et) is not regulated by 20 criteria whet, in ill rwommendation, we state that this 20 aming. Therefore, the guidelines to consider opposition 21 should be approved, And era's It. Cg be happy to 21 to this, t believe, reflects the idea that only land which 22 answer any questions. 22 Is inside the City limits and is regulated by arcing has 23 MR E 0HARKHT. Mr. Williams. 23 an opportunity to oppose it, to oppose a ruoning to 24 NIP 'A UTAMS TLY. 24 adjacent property. ~n 25 AIR RM111WT. Can I make one point or MR. ENGELBRECHT: subdNislon Regulations PLANNING AND ZONING COMMISSION N 28. 1DER 10,1999 Page 83 • Page 88 c. Coadenseltn' Page 85 Page 87 I said, to the southeast of the site. The only portion of 1 clarification before we go any further? According to 2 that property that's inside the City and within 200 feel 2 Soction wile of the Code, and I think it was just 3 is this small clip. And in your staff report, in the 3 misstated, that part of the application shall be 4 notice map, you'll also be able to see that more clearly. 4 accompanied by a site plan and the site plan does become S They are opposed. 7lseir representation of the aces within S part or the specific use permit. So we can look At 6 200 feet is less than seven percent. 6 certain site plan Issues. As Wayne said, there is 7 When staff made its tecommendatic0 In the 7 landscaping and fencing but that site plan does become 8 staff report, I considered sev'tral factors in addition to 8 part of the sup as we go forward. I just wanted to 9 the criteria which the request must satisfy in order to be 9 clarify that 10 approved. The first is there are Federal and State 10 M0. ENGELBAECHT: All right. Thank you, 1 S regulations prohibiting municipalities from establishing I I M0. REED They can charge it based upon a 12 standards for the safely, construction, and Installation 12 plat plan which is later submitted to the building 13 of manufactured homes that differ from Federal standards. I I official 14 We're not tooling at construction, safety, or 14 MR ENGELBAECKT: Mr. Williams. 15 Installation. We're looking at the location. We do have 13 M0. wltuAMS. My question was answered. I 16 that right to regulate the location of manufactured home 16 wanted him to go back over the Instructions again and the 17 parks. While we may prohibit mobile homes within the 17 question I had to at, river I was getting ready to ask has 18 City, which the memo I handed out to you addresses the 18 been answered. 19 difference between that and a manufactured home, we canno 19 M0. ENGELBRECHT: Mr. McNeill. 20 prohibit manufactured homes. 20 M0. MCNEILt: iVita my question Is the 21 Fourth Is staff also looked at the history of 21 yellow area has been annexed. Wit already in the City 22 the City's issuing of su'p's for manufactured homes. There 22 but it was brought in as Agricultural. That's what the 21 Is not one manufactured home park within the City limits 23 backup material is saying. 24 for which an sup has boors issued for. Rather, In the 24 MR. REED,. That is correct. 21 staff report I outlined the IS existing ones, IS 25 MR. MCNEML okay. And then down at the Page 86 Page 89 I manufactured homes which ctisted at a pointwhen we i comer, which corner were you saying was when the person 2 started licensing asnuracturad home parks. An of those 2 was opposed? I Was not clear where that was. 3 existed prior to being annexed into the City and operate 3 MR. REED: That small canner. That is the 4 as rttm-conf,rming uses. Each year they do subrrt for a 4 portion of the school district's property which is r S license and they do comply with our rgruLtions. So we s represented by its written opposition there. 6 regulate the quality of thou. 6 MR. Mt'N t-u okay. Thank you. 7 And f rth is nocalling a prcalour request for 7 MR. ENGELBRECHT: Mr. Moreno. Is 8 Davidsons Landing in early '98 when the Commission 8 MR MoRENo. on that same point, how much of 9 recouunendd approval and Council recommendod denial. A 9 the school district's property abuts this site in addition 'I 10 situation there A thc situation for Shot wan different to to your little orange-colored corner? 1 I than this one, There was on adjacent neighborhood. I say I I M0. REED, The school district owns up 10 I 12 adjacent and I use that torn loosely, but Ranch Fouts 12 SNart Luse. They own between this is labeled Stuart If I S when more midoto came ou to oppose it and do I S Lane but I believe it should be called long Road down 14 thought that it wasn't an appre;,4ate location. And l 14 to the Lase from Swart Road over to Sherman. 15 believe Council cirod that in the mason for denying it Is MR. Momot. so let me uri&rsiatid, the 20 16 Here there are no existing subdivisions or other 16 percent rule only applies to property within the City 17 development. And the subdivisions located on the south 17 limits. It doesn't apply to property In dlee ET). r , 18 Side of the LOOP 288 are screened by a solid wall to look Is MR REED, That is correct and that goes back 't { 19 north, Sa guff looked aI those things in eddi6m to the 19 to the premise property within the ETJ is not regulated by 20 Criteria whit, in its rectxwncridation, we state that this 20 zoning. Thcrerore, the guidelines to consider opposition 21 should be approved, And that's it. 1'0 be happy to 21 to this, I believe, reflects the ides that only land which 22 answer any questions. 22 is Inside the City limits and is regulsow by zoning has 23 Ma ssuetRAEettr, Mr. w'illistu. 23 An opportunity to oppose it, IC oppose A rezoning to 24 MA wItHAMS ves. 24 adjacent pro". 21 MR itualsrMr: can 1 make one point of MR. ENGELBRECHT: subdivision Regulations PLANNING AND ZONING COMMISSION A 29' IBER 10,1999 Page 85 • Page 88 c t Condeosch, Page 89 Page 91 f I apply In the ETa, not wring I The average lot sire within this development Is 5,700 2 MR. BL'CEF- The statute on notice says that we 2 square fat. If you look at and do a comparison of 3 have to give notice to people within the corporate limits, 3 average lot sins in other manufactored housing 4 It docWt provide notice outside the corporate limits, if 4 developments or mobile home parks, you'll find that these 5 that helps, 5 are very large lots that we are proposing. The density 6 MR. MORENO. Okay. Thanks. 6 that we're requesting is 5.03 units per acre and we am 7 MR. ENOELBRECNT: Any other questions for 7 providing significant open space amenities with this plan. 8 staff,' Okay. Thank you, Mr. Rued. Is petitioner or 8 Fourteen percent of the site Is going to be preserved as 9 petitioner's representative present? Would you give us 9 open space and the ordinance mquhs that we preserve 10 your name and business address for the record? 10 eight percent of the site. We arc proposing a 7,300 11 M5. MCDONALD Thank you, Mr. Chairman, 11 square foot amenity center with a pool, basketball courts, 12 members of the Commission, the community, and staff. My 12 volleyball courts, sports facilities. Therc Is binning 17 name is Brenda McDonald. My address Is 8333 Douglas 1) and fencing provided along Stuart Road. 14 Avenue, Suite 900, Dallas, Texas, 75225. 1 am here this 14 With regard to the land use issues, I hcanl in 15 evening on behalf of the applicant and want to share with i s the previous case one of the neighbors say location, if you briefly a bit of the history on the property, I think 16 location, location. I think that's one of the very things 17 W'ayrse did a very good job explaining how we got to where 17 that warrants your recommendation for approval or this IS we are , When the development process began, this property is development in this case. If you look st wherewe're 19 was located in M-mon County in the City of Denton's ET]. 19 located and what the adjacent uses are around us, there 20 And in an effort to be a good neighbor, the applicant came 20 can be no morn benign location for a manufactured housing 21 and met with the staff to talk about platting Issues. And 21 &velopmenl than what we're I Juesting your approval of 22 as a result of that meeting, the City began annexation 22 this evening. The trip generations, the traffic numbers 23 proceedings. During those annexation proceedings wt 23 in the staff report indicate that wt will generate 60 24 continued with the development process that had already 24 percent less traffic than that that is acceptable in a low 25 begun and we obtained an approved development plat and a 25 intensity traffic area, which is where this is. Page 90 Page 92 1 building permit from the County for 511 spaces. And that I I do understand that the school district has 2 approval development plat is on file with the County today 2 filed written opposition. I spoke with Todd Parker, th& I and we began construction pursuant to that approved plat. 3 representative today, He was not going to be here this 4 And even though we weren't within the City 4 evening. Be anxious to hear their representative's 5 limits at Re lime, that development plat really reflects 3 comments. I would like the opportunity to respond. I do 6 many or &n ton's Land use regulation dcsircs from the 6 believe that our request and our proposal meets all seven 7 Thoroughfare Plan to the vast majority of the provisions 7 sup conditions with regard to compatibility, nuisances, a in your Chapter 32 And those design decisions were made 8 screening, affect on adjacent properly values, lighting. 9 even though Rte property wasn't in the City limits. Dot 9 We think this Is a very appropriate use. We think the 10 we understucd that the annexation process had begun and to market and the need for a new manufactured housing I I that ultimately -Ar would be annexed because (here wasn't a l I community is very large. We expect that a number of and, 12 lot we could do about that. 12 in fact, the majority of the residents would be retires 13 1 would fal a lot better if I saw some 13 and that's what ow analysis shows. We request your 14 agreement with the Mayor's staternents, and 1 did receive 14 approval. I'll be happy to answer any specific questions 0 some nods that the Council was rmcptive to the use that 15 that you may have regarding the site plan and I would like 16 we had already begun constructing. And so we didn't 16 an opportunity to respond loony opposition 17 oppose the annexation or the Agricultural rating that was 17 MR. E%0ELBRECBT: 'Moat will be granted. i i 6 placed on the property knowing that the su? would be the IS MR. MCDONNAttr. Tbanks very much. A,, { 19 mechanism for us to then, once we were annexed, continue it MR EN:artaRECt1T: rscuse me, we d0 have a 20 with the construction of a conforming land use in the City 20 question Ms. Geordie. 21 of Donlon 21 Ms. GOLam: Yes, Mc McDonald. I'd like to 22 What we am asking to develop is a state or 22 know if you could just put the site plan up, the part 23 theart manufactured housing community. W'e arcasking for 2) where the school is going to be, how many units will be up 24 approval or 428 units, That is 83 units less than the 24 against the school property? 25 approved &velopment plat that we have from the Court Ms. MCDONALD the school property comes in PLANNING AND ZONING COMMISSION 30' BER 10.1999 Page 89 - Page 92 CODECnBCIt~ Page 93 Page 93 I l always get these backwards because kft Is right and I You mentioned, you used the term specifically "suw of 2 right Is left. The school property comes in south of long 2 the art e and I quote, manufactured community. Would you 3 Road alk/a Stuart Road east/wtst. It's very confusing out 3 give me some better understanding of what state of the art 4 there, And so the school land is this land. There will 4 is deri ed by your organization? 5 be one unit that we have planned adjacent to that 5 Ms. MCDoNALD. Sure. The development allows 6 facility. 6 for a variety of placement of the homes. In the old 7 MS GMRDIE, will their be any special 7 mobile home parks &-y would be one right after the other. 8 buffering or any kind of setback in there? N. There is sufficient off-street parking. It Is dcslgned to 9 Ms. MCDONAt.IT Along Stuart I.ane w'e am 9 have a residential Street appearance that is riot coconut. 10 proposing a berm and a fence and the berm would be about l0 The setback requirements, the amenities, underground I t three feet and the fence that we're showing is six fat. I I utilities. There's paved storage areas for boats and 12 Ms. GOl1RDIE: so a nine-foot? 12 trailers that will be scorned from the residents The 13 MS. MCDONALD A nine-root buffer betwRri the I3 rotted curb that's going to be used. It's Just a 14 &w'elopment and Stuart. 14 different animal from what you typically think of as a is MS. GOURDIE: And what Is the height of most is mobile home park. 16 manufactured housing? Would the rooftop be overseen? 16 MR. ENGELBRECKT: t didn't we any of those 17 sts. Mc1)osA1D You would see a pitched roof on a 17 items laid out in this plan specifically. Is there any 18 manufactured home. 18 reason they are not? 19 MS. CMRDIE: Ito* you. 19 MS. MCDONALD. They arc not laid out because 20 MR. ENGELBREcHT: other gwstions? You 20 we were trying very hard to Chapter 37 has a lot of 21 mentioned I have several. You mentioned the berm along 21 site plan requlrem U in it and we wire doing our very 22 Stuart Road and I'm not sure I understand. I wander if 22 best to give you those requirements in a clear, concise 23 you might just lake a pencil and could we get Larry's 23 fashion. if you have specific concerns that you would 24 om%v marker or Wayne's. 24 like addressed on the ram o'the site plan, we can 25 M.N. MCVONALD. well, I'm an Aggie. There's 23 certainly consider adding those Page 94 Page 96 I this thing about orange markers that 1 MR. ENGELORKHT: okay. L.t me ask, first 2 MR. ENGELBRECW: Well, grocn. 2 off, you mentioned the storage facilities for boats and 3 MS MCDONXI) It you have maroon I'll be 3 trailers and that sort of thing, and I missed that. 4 happy to use it. Okay. The berm that we are proposing 4 That's on the site plan? 5 MR. ENGELBRECHT: Yeah, wherever you're S MS, MCDONALD: That is on the site plan. 6 proposing berms because that part I wasn't familiar with 6 MR. ENGELBRECHT: Could you point that out? 7 and I would like to get a sense of where that is. 7 MS. MCDONALa it is located underneath the 8 MS. MCDONALD, T'he berm that we're proposing it power line easement and there's a pipeline easement that 9 is the length of Stuan Road and fence. 9 gets through them, as well, And it's detailed there on 10 MR. EN'GELBAECBT: Okay. 10 the site plan. I I MS. MCDONALD. The whole property is fenced I 1 MA. ENGEt31AEClfr: Okay. All right. 12 but the berm Is proposed along the roadway. 12 MS MCDONALIY. Mr. Chairman, Craig Glendenning 13 MR EN<GELBA£CHT: Okay. There's a berm there. 13 is the developer and he is here and if you want to have 14 It wasn't clear to me whether so there Is no berm on 14 him describe the actual design of the park, I think he 15 the scwth toward., Loop 288? 15 could probably give you some more detail on that. 16 MS. MCr'4)1N"AL0: Ne. 16 MR. ENGELBAECHT: okay. I have a number of 17 MR E.NCcLlIRrcrer: okay. I wasn't sure about 17 questions. t IN that, 18 MS. MCDONALD. okay. ' - 4 19 MS. MCDONALD. Tbe topography out there Is 19 MR ENGELBAEM: If you would give us your / J 20 sat of gives you an existing berm along thzt south. 20 name and business address for the record. 21 MR. EN'GELBUCHT. That you plan to retain? 21 MR. oLENDegNLs'a Yes, air. I'm Craig 22 NIS, MCDOYALD. Right. 22 Glendenning. I'm a parlm in the project And my 23 MR ENGTLBREcim Okay. One of my conems is 23 business address is $200 Keller Springs, Suite 432, 24 the noise of the highway and buffering all that. That was 24 Dallas, Texas, 75248. 25 the mwon for the wall on the other side of Loop 288. 31. MR D mea.ECtt r: Thank you. With regard to PLANNING AND ZONING COMMISSION I BER 10,1999 Page 93 • Page 96 i t COU&BIICIt"M j Page 97 Page 99 I the Rvrboat storage arcs, about how many I mean, you 1 MR ENUELBRECItt so you're using the 2 can tell me i could ask you the acreage but I'm mane 2 u,pogrnrhy to am, of decide. 3 interested in how many units you would store In there. 3 MR GLENDENM.No Yeah or each and every lot 4 MA. GLENDENITNO: W. 4 we am. And were going through a very heavy screening 5 MA. ENGELBRECHT: b. S proms as to who our applicarts and residents would be, 6 MA. GLE.NDEN'NTN'rt: You "n have up to 80 in 6 you know, personal records, you know, primarily and we try 7 there. Yet, sir. 7 to structure each lot so that. you know, you just don't 8 MA. ENGELBRECHT: okay. And that would be 8 have we sitting up with an end kicked out, that we 9 accessed off of that little loop right therc7 9 actually excavate the site, put the pad down, than attach 10 MR. GLEN DENA'NO: Yes, it would. 10 ttrc Mmc In a pvmaneat fashion. I1 MR. V;GELB RECHT: There WU an indication I I MR E maaEcHT: okay. FouTlarn percent open 12 first off, let me ask you the lot sixes, the average was 12 space was Mentioned. 13 5,700. Could you give me the range from small to large? 13 Mt GLENDENNTNG Yes, r'v. 14 MR. GLENMCNNTNO: The minimum is 5,000 square 14 MR FNGFIBRECHT: NOW mach of 111111 hi 101111Y 15 fort and them there's some that would on the 15 uwbk? I know dust there's a crack that runs through 16 cul-de-sac's that go up to probably 9,000, but there's 16 these and it appears to oe tent a portion of that space is i 17 Very, few of those. 17 not going to be abk L~ be used by cnybcdy and catalnly IB MR.ENGELBRECHT: Right Okay. 18 nWinweewcaow. 19 MR. GLENDEWIN'G: one item that I want to 19 MR oLcNDENNm, well, sir, Owe's - we've 20 point out ix that these streets arc dcsigrod as 34-foot 20 get a take that we - the lake had pretty well dried up. 21 strrct% so that would leave it fire lane but would also, 21 The beams were kind or having their way with h and 22 guest parking, on-strLct parking for one spas, as well as 22 Thai's bow we came up with Beaver Crock, b's no named 23 two off-strcet parking that's paved in concrete and would 23 after a famous ski mart In Colorado. 24 mote than likely have a garage attached to the site. 24 MR ENoctBREcHT: is that behind ten 17 MR. ENGELBRECIIT: More than likely. Is that 25 clubhouse, 4 that where the take h7 Page 98 Page 100 I they could if they wanted to? I MR GLE.NDEN.NTNO: Yes, Sir. 2 MR oLDM NNIN , 1es, %if. We'll provide 2 MR EIGELBRECHT: And that's why you chose to 3 that for a maMinal fee and they will all look alike. 1 3 put the clubhouse there. 4 mean, 11tey won't all look alike, but them would be 4 MR GLEN'DE"-,1NG: Yes, Sir. 5 some ^ 3 MR ENGELBRECH T: which leads mR to my text i 6 uR ENGELBRECHT: Ihcy would coafarm to the 6 tlucstion which was one of my but let's go back to the 7 architectural 7 other one first. You still have the issue of the crock 9 MR oLENTW.%,%' NU control that wt have on de 8 running through. Some of that apace I'm assuming is not k 9 project, yes. 9 gang to be able to be used. You've labeled it common 10 MR ENGELBRECHT: okay, While you were on 10 area on bore. I I that issue of that. I noticed that you had a pad for two 1 I MR GLENDEN'NTNO. Well, it's not rtes severe. 12 cars at each site and Jere would be a sidewalk. Can you 12 That is pretty much grass that grows all down the bottom 13 tell nx hew doep that is? My cexscern is that if you put a 13 of that creek and makes for some great hiking and walking 14 car on the pad are wt, in fact, biockir j de sidewalk and 14 paths. We've krt a couple of places on the backsides for 15 tterehy negating the value of de sikkwalk. 15 some open field and park areas and a playground down 16 MR GLENuL%xiso No, sir. Those pads will be 16 toward the owhem end of the property, We left an Ater I l rouglely 24 fat dap and 24 fact widen 17 open span area, which just Is a nice hill back on rte far i I B Mx ENGELaRECHT: okay. All right. Them was 18 Iortbwest comer of the property. It ail l make for a real 19 a mention made of offsetting the units I'm assuming some 19 nice walkway down through that area. 20 would be kmgways, some would be - do you have - can you 20 MR ENGEtBRECHT: Ok.y. So the clubhouse area 21 explain to me what your rule Is or bow do you do dust? 21 was sclccted based on the take? 22 MR to ENtnNNTv0 well, air, this list is 22 MR. 0[.E.'4DEN'NTNO vole sir. 23 unusual in as much as It bas sonic topography to It. U's 23 MR ENGELBRECFfr: Because my concern WRS that 24 not a flat rwld, Anybody that's been out these knows 24 the public through Stud, actually wlxn you count the 25 it's got some, you knoll, it's atunost in a valley, lots 1 get 268 lots on the east side, which means that the PLANNING AND ZONING COMMISSION N\ !!-ABER 10,1949 Page 97 • Page 100 f 1 t 'I Coedensi ltr" Page 101 Page 103 I great majority of the residents are going to have to cross t In any way comparable to Twin Lakes. '[trey may have 3 the public stmt to get over to the clubhouse. And 2 change,I the name, but they're Still Twin Lakes to me. I 3 po-ticularly chow in the southeast corner. Un:eu you 3 drove out then and on every lot them Is a tree. And I 4 can cross that common space, you've gd a considerable 4 realize that you're stuck with a bunch of mesquites, but S distance to go to the clubhouse and it is does it S probably they were too at one time. 6 really serve their needs? I mean, does it really save 6 MS. MCDONAID let me address trip generation. 7 any recreational need for them? 7 With regard to the traffic that you're talking about, the 8 MR. GLENMENNING: I heard the word. I believe 8 Institute of Traffic Engineers, all of the professional 9 it was bifurcate and I hope I'm pronouncing that right 9 associations that generate trip generation numbers, ft to where it branches off, 1 still nod to look it up in the 10 trips that am generated by manufactured housing are about 11 dictionary. My mother mad it to me before 1 came over f I half of that for traditional single-family developtent. 12 today. But when we started off on the property we found 12 And so what w'e're requesting falls well within the low 13 out pretty quick that the ewt/w" thoroughfare was in i7 intensity tree numbers that the City of Denton has, And 14 the plan and really didn't teed to move that much. In my 14 we am In the process of having a tra7c impact analysis 15 additional talks, I don't know if I Should really even 15 dome but from the staff report, what the numbers show Is 16 bring this up, but we spoke of, perhaps, moving that 16 that what's needed to serve the development is a paved 11 3trect with the cooperation of local landowners closer to 17 two-lam road. And Stuart Lane or Stuart Road I forget is the high li..; wire and those eascme.ds that are there. I is which one it is is paved, two lanes, adjacent to the 19 think that would probably cane later Is a, hopefully, ■ 19 development. 20 minor bequest if the Transportation Department and 20 And under both the staff analysis and some 21 everybody thought that was the proper wcy. And that would 21 preliminary discussions I've had with our traffic engineer 22 just about even us up 50/50 on both sides. We're willing 22 it's Sufficient, more than suftidimt, actually, for the 23 to work in any way, it doesn't matter if - you know, we, 23 number or trips that would be generated by the 24 in fact, would prefer it to be 200 fat to the north but 24 development. 25 we're trying to make the best of a situation, That's sat 23 MR. wiu.tAxv I guess I don't mean to engage Page 102 Page 104 I of where we arc. I you, but maybe we're on different streets because the road 2 MR ENOFLORFCHT: Hag there boat any requests 2 to Twin Lakes, you'd be stretching it to tail it two-lane, 3 Ly staff that you provide some sort or crosswalk markings 3 tom than a lane and a half, because if you meet a car, 4 at year sua+s across there, across 001 public Itrw? 4 you're going to have to put one of your whets on the S mo oLrr:oE-,Ntvo we haven't talked about Ni S grass and they're going to have to put one of their wheels 6 yet We batcn't Wised about that yet, but we'd cerlaWy 6 on the grant ~ 7 be happy and amlable to provkling them. 7 MS. MCDO%ALD: we understand that Stuart In 8 MR FwsuthREcHT okay. All right. I think 8 front of the development as a point of access has to be an 9 Ihot conclu k+ all my quesakma I do have sons- others 9 adequately paved two-lane roadway. Tbat's on Issue that 10 that have come up now. Mr. Williams. 10 we anticipate having discussions on at platting. I I MA %ILI IAMl. 1'M t guess one or try 11 Mit wittlAMS: Okay. Thank you. 12 concerns since I drive Loop 288 f1r.e days a work end 1 12 MR. ENGELBRECHT: Did you have another 13 raw:iber w ton I was the first guy who found out that the 13 comment? David. 14 loop was open. And now some more peopk know h. And I'm 14 MR. SALMON: Sorry about barging In, but 15 kind c,r concerned about k's only one way in and one way 15 just felt that this might be appropriate d this moment. 16 out, right? 16 First of all, according to the City's Mobility Plan, 17 MR aLENt+C`N-40 Yes. dr, right now. I1 Swart Road crossing Loop 268 IS aupposcd to be closed off / I. 8 MR wnLtASM And I guns that's dne of my I e and, in fact, I. think that that issue may W going t0 City ; t? 19 coor~ns with do one way L, and the one way out because 19 Council very soots. With the development of this 20 It's not really I traffic Jam ovday, put OA:re'I quite a 20 particular development, whether it be th's of an;thing 11 few of us at there berwem 6,30 and p 00 o'clock In rite 21 else, even if It wvm a single-family subdivision, they 22 morning. Monday dw4h Friday. And there will be bust 22 would have to upgrade Smart Road In front of their 23 out Dare, also. 23 development $0 that it WAS at 1%9 24 fat wide. Th y n 24 And onodh t concern I have. I don't see any 24 going to be required to build the collector stmt that 23 u,.,4 rd I'm concerned about s caned city. And Ws not 33. awe running through the middle of their site plan PLANNING AND ZONINO COMMISSION Nu. ti,,JER 10,1999 Page 101 • Page 104 r 1 t I 1 1 Condenselt' Page 105 Page 107 1 And, again, these comments would be the some regardless of 1 were exemplary? 2 what kind of developtrtcnt it is. 2 MR ujENDe~Nrs& well, air. I bave been 3 And, in addition, they're going to have to 3 involed in high-end residential dnnlopmeni for the past 4 build either a road going out and intersecting with Locust 4 2S years. I've been Involved with manufactured borne S Street or they're going to have to build and or they're dnelopen. I have never penonolly developed and 6 going to hove to upgrade the road running from their cast 6 operated one. I to - I've done an extensive study for 7 property line out to Sherman (hive on the other end. So 7 the last four or five years to try to Item thro* tone 8 they're going to have to build a ocw reed or upgrade a 8 or the kingpins, if you will, of that industry, what woks 9 rood in order to be able to plat this and build the 9 and wlat dotto•t work. I'm o mwtber of the Texas 10 development. 10 Manufactured Horn: Association and we go to every seminar I I MR. ENGELBRECK: Thank you Thank you. Did I I dq've got We drink them will be a large number and 12 you have any other comments for Mr. Williams regarding 12 the tatistict show that ova 60 percent of manufactured 13 this? 13 homy new manufacturod home buyers tee over the age of 33 14 MR. GLENDEh1'ING: The only thing was that We 14 years old. They're In their retirement years. Tbew 15 know that We're required to put at least IS trots per 15 Mic are co fixed incotnn: not necessarily, but that's 16 acre, We plan on doing much more than that. 16 really the major market at this point in time, We'll have 17 MR. ENGFL9RECHT: Okay. Mr. McNeill. i1 on-site security shat patrols the , ropony for our benefit 18 MR. MCNEILL: Ibis faeitity, who will operate 18 as owners and operators, as well as the beneru of our 19 this? This is not where I come In and buy a lot, right? 19 l en.k The public rood that we're prepared to donate 20 MA. GLENDEN'N'ING: No, sir. 30 am ta4:apate in Is, as you see ft, prohibits w from 21 MA. MCNEILL: I rent the lot, then I bring in 21 kaving a gated community. Tbat was our Initial kka. But 22 my rn(+ilc home or my manufactured home. Excuse me 22 we've had to move from that a link bit and we'll make up 23 MR. GLENDE%N1NG: Site management, we do all 23 for that with sitesecurity. 24 the yard upkeep. 24 MA tuaHEL: is there an exampk of a 25 MR MCNiILL: Your company does? 25 development that you lave Soon that you're trySig to tnndcl Page 106 Page 108 I MR Gt-P.DLNNING. Yc%sir. I yourself after? 2 MR MI,N LILL okay just south of your 2 MR. GLENDENMNG Tbere'a a great one In 3 property there there's 16,55 acres. What's on that? ) Phoenix, Aritau that Ilometown America did and I'd be 4 That's in tlue City, also, right? 4 happy to show you pictures of it or supply those prior to S MR. GLENDEN\Y\G: Yes, sir, It Is. S our final platting. But it's the way that each home - 6 MR. MC'NEILL! okay, 6 you take the time to make sure that it's apportioned to j 7 MS MCOONAT.o- And we awn that 7 the site and to the other horses that go along with it, so 1 8 MR. MCNEII Lt YOU do? 8 you don't have a hodge-podge Ora row of dentinas Just 9 Ms. 14 'DONAI D: we do. 9 to set, for lark of a better word, trailer alter trails 10 MA. GLENDENNTNO: We're kind of hoping it 10 are trailer doesn't work. ibis is going to look like a 11 might be tome local retail someday, but with the closure 11 long-term community, like a neighborhood. The 12 of Stuart Road, I think w'e'll probably have to change our 12 manufactured homes are not what they urA lobe We're 3 plans. 1) kind or happy w he - it's pretty exciting, what's going 14 NIS. MCDONALD. we're not Sure what that's 14 on And I could get on my bandwagon, and sell all you 13 going to be. It's obviously going to be a transition from is guys one before the night was over. 16 wh it we hope is manufactured housing to loop 288. But 15 Ms. MCDONALI> Ir any of you are Ranger fats, 17 tha*'s not a part of this because we drar't know yet what 17 Texas Ranger fans and watch the bell games, then: arc xome s 1s we've got 18 advertisements during de lull games that show a A+ E (r ` 19 MR MCN'RILL Sure , I understand. Thank you 19 manufactured boudrig,:ornmunity that has garages that, as 20 very much 20 Craig mentioned, they're willing to build, And they 21 MR ENGLI.BAECHT: Nit, Rishcl, 21 really do have the appeararta of single-family homes. 22 MR. RISHEL• SOmew'here 11110ng The Way It was 22 MA. RLSHEL: Is It Mr. Nnning7 23 rrarrtioned that this would be a premlcr site, I think, or 23 MR GLENDENNtNo: It's Craig Glendenning, M an exemplary site of manufactured housing, Are there 24 MR, RISHEL: Glendenning, I'm sarry. As yo 2S other tiles that you have developed that you would say ndcratand it, what is the opposition that the school PLANNING AND ZONINO COMMISSION N 34Th 10,1999 Page 105 • Page 10S t I Coodenseltr'" Page 109 Page 11 I t- I district has to what you've proposed? 1 structure, items like the type and quality of the porches 2 MR. GLENDE\NING: Well, Sir, it's my 2 and evidently cmoior storage buildings end all of that. 3 understanding that they'd oppose any residential ) I noticed that you had a pad drawn out on each tat, it 4 development at this point due primrrily to the 4 storage pad and I'm assuming that you're only going to S overcrowdcdness In schools. And I know that there are S allow a storage building to be put on that pad. a schools being built and being planned but 6 MR GLENDENNLNG: on that pad, Yes sir. 7 MS. MCDONALD. i spoke with Todd today. 1 7 MR. ENGELBRECHT: Do you have any problem with 8 just found o,41 about the opposition. I spoke with their a all of those criteria being incorporated Into ibis suP1 9 representative and he said they had four or five points 9 MR GL6NDENYIN0: NO, sir, 10 that they discussed and I'm not I don't know what they W MR. ENGELBRECItIr: Because the issue for the I I were Todd mentioned that density was the issue, but I 11 City is that it goes with the land, not with You. 12 wvik7 Rand that there are sevcrel others and I'm not aware 12 Therefore, all of that goes with the land, everything that 13 of %itat they are. I ) you're proposing. 14 MR. wsHEu I heard you mentioned that you 14 MR. GLEND6NNING Yes, Sir. 17 had developed your own scrxning process far people who I) MA mttBREcHT And I'm not ►ure that we 16 would be qualified to be a part of this subdivision. 16 have all of those at this point In time, but 1 wanted to I7 Explain that a little bit mar to me, would you? 17 we if you were amiable to 18 MR. GLENDENNNG: Well, Sir, more personal Is MR GtENDENNTNm we are, and economically 19 background, You check their criminal records. You check 19 speaking, a 34-foot street is probably a third again as 20 wr'ra lacking for stability, We do credit checks. 20 expensive as it would almost be price-exctusive av to 21 This is not you just don't back in here and may for a 21 quality. I'm not saying that you sh arld rely upon that 22 day. It cots probably $7,000 00just to physically set 22 but it's I'd be happy to make that s portion of the sup 2) this home up. We've got permanent structures for porches, 23 because we're looking at developing a quality community. 24 stair4, the actual pad that we pour for the site itself, 24 MIL ENGELBRECHT: Because YOU have 25 It's a long-term commitment. This is not a place that 25 evidently you have also standards for the garages that Page 110 Page 112 1 sormbody would buy a home and come In and move in for a I have to be met. 2 Nrw or six months, It just wouldn't, you know, 2 MR. GLENDENNING'. Yes, sir. You can't build ) physically or financially work for either one of us. ) your own. 4 MR. RISItLL! with that screening process, 1 4 MR. ENGELBR£CHT: You're going to put them Up S take it you would still be an equal housing opportunity. 5 but even with that you've gat a 9d of criteria, a 6 MR. GLENDL%N'1NG'. Oh, yes, sir. Certainly. 6 standard laid out, spocs, so to speak, that could go along 7 MA. RISHI:L: And meet the guidelines of AUD, 1 with this sup. \ 8 MA. GLLNDENNING. Totally, totally. 6 MR. GLENDENNING: Yes, Sir. 9 MR. RISHEi.: And whatever else Is applicable 9 MA. E.NGEURECHT: Okay. Any other questions ID MA. GrV%*DE%N1!sU Totally. 10 fa the petitioner? Thank you very much. Is there anyone 11 MR RISKL okay. Thank you. 11 prctrnt to speak In favor of this petition? Anyone 12 MR ENGrtBRECIM Other questions? 1 would 12 present to speak In favor of the petition? In that case, 13 like to ask one with you and staff and 1'd like either one 13 is there anyone present to speak In opposition to the 14 of you to come up. Sly question is basically ibis, in the 14 petition? Dr. Ramsey. 15 event we if an sup is apprrvod for this site plan, that Is MR RL4REL: rel like to gal a clarification 16 would allow anyone or is it only applicable to this 16 because I realize Dr. Ramsey Is an active citizen, as well 17 applicant? 17 as a school board member and I'd like to fird out whether r Is MR RELD An sup much like zoning carries is he's speaking for the school board or Speaking as. a f A . \ 19 with it land, the property, not the Individual at the 19 citizen 20 owmr. 20 MR. RAMSEY: should 1 introduce myself, lust? 21 MR. LNGLLBRECHT: All right. If you would, 21 MR. 6NGELBREcwr. please, yei I:br the record 22 then, I would ask Mr. dlcndcrtning, you have indicated that 22 we nood it 23 you have a number of criteria that you're going to apply 2) MA. RAmsEY: Curtis Ramsey. 1 live at 2029 24 to this subdivision with regard to the pods, the way the 24 Duming Troe Lane, I've been a citiam a( this City in 25 facility has to be set up, evidently the quality of the is presort time since 1979, totally most of my life 3 PLANNINO AND ZONING COMMISSION Nl 5~ BR 10,1999 Page 109 • Page 112 r I I ~ I i I _ Coodeaeelit' _ Page 113 Page I i5 § t except when I went over for a couple of wars elsewhere, l I Sherman Drive on the east for the purpose of a major 2 am, in fact, speaking for the school board tonight, Mr. 2 athletic campus. The Coach Collins Stadium, planned for ) Rishel. Unaccustomed n I am to public speaking, I have 3 completion in approximately 2003 will be the district's 4 to say several things. The school board that is, the 4 sole into-district competitive athletic facility for S Board of Trusters of the Denton Independent School S several different sports. This will bring many school 6 District voted 7.0 last night to oppose the amendment to 6 buses from all over north Texas to this tract on a weekly 7 the plan that's in place, the zoning ctassification that's 7 basis, as well as hundreds of far ly automobiles. 8 in place, This was based upon several criteria. 8 Thud under traffic, the city of Denton plans 9 l think I would paraphrase what it prior mayor 9 ajoint use aquatic facility which will generate hundreds 10 pro Um of the City of Denton City Council said that she 10 of family vehicles weekly, more in the summer. There is I I had never son an ugly plan proposed or an ugly building I1 nothing benign about this plan Twin Lakes Mobile Home 12 proposed. They all look good on paper and they're 12 Park is directly north of it and will have the only single 13 designed to look good on paper. This case is very 13 point of egress, Stuart Road. What we're going to have is 14 different from the previous Agenda item which we 14 a state of the an bottle-neck. 15 discussed, for that one produced no direct school Impacts. 13 Finally, the issue here again is fundanxntal, 16 It had primarily to do with neighborhood impact and just 16 land use incompatibility. It's incompatible to have this 17 the general quality of that proposed dwclopmcnt on the 17 inte-.sity of housing development immediately across the 18 immediately adjacent elementary school. 16 stnset or adjacent to what will be a very major traffic 19 This one does have direct and significant 19 producer in terms of the athletic facility, And we 20 impact on the school district. The first of these is the 20 planned this at the time we purchased that property 21 matter of density. At 5.3 units per acre, and we can 21 because it was away from anything else, Well, of course, 22 quibble about this because how much of that Is unusable 22 times do change and circumstances change, but this will be 23 land, how much of it is the easement for transmission 23 a catastrophic change, a very negative change. We urge 24 lines and so forth. But the density factor produces an 24 your detest of this. 23 impact on the school board's ability to deliver an 25 MR. ENGEL9RECHT: 1 think we have some Page 114 Page 116 1 adatuare education to all the children in der district 1 questions. Mr. Risher. h 2 We bast a cktmnlnation of the school'a infrastructure 2 MA RtSHEL: Or, Ramsey, could you tell me, it 3 Inadequacy. a formal desEgrwtion, infrastructure 3 socros likejust south of there is Ginnings Elementary 4 inadryuacy at this location, Our Planning Mparurent has 4 School; is that correct? S projected approximately 134 school cbilm, elementary S M14 RAMSEY: Yes, 6 sclnvi children for this particular Iraikv park. That's 6 MR. RISHEL: How many buses approximately, and 7 about one-sixth of on clnoentary school. Thee it no 7 1 don't know if you would know this or not, I wish Mr, 8 elnnrntary school within Mn or three miles of Chit 8 PaAcn was here, if wt were to try to make Ginnings more 9 location which could accanm dale that number of children. 9 of a neighborhood type of school and eliminate the buses 10 Irdxd, the school district has no plans fo an elementary 10 that come into that school, how many buses currently cone I I school in this area of bun for the rent five to xn I I into Ginnings and are purl of that population? Any idea? 12 )ears No plans for an elementary school in this area of 12 Because I know Haste arc w -ral schools that feed into j I) town. That's primarily the sewn why we say we have an 1) that. 14 infrastructure inadequacy at this site A MR. RAMSEY: on the order of a dozen, but I 13 Sannd is fie qucsri m of tra1Tc As has 15 couldn't give you a praise figure. But a very germane 16 Axes mentioned just brkfly a moment al but which toes 16 point here is that we're going to close the City is 17 not s,= to be widely known by the comrauoity or by various 17 going to close Stuart Road as a rimWsou(h street across ! r' ] 8 cements of the city itself, the City of Denton plans to Ito the grade level of Loop 288, which will make the - r 19 cox Stuart Rnad as a grade keel crossing at Loop 268, t9 transportation from this arts, south Into Ginnings, if 20 This will cause horrendous traffic build-up with only 20 even Ginnings was available as a school site which it will 21 right turns Into Stuart Road comira from the wdl and only it not be. 21 right turns onto 188 going west out of this arts. 22 MR. RISHEL: students corning from that area if 23 Second unda wffe, the Danon Independent 2) there were students In that area would be able to walk 24 School District acquired the property on the north side of 24 that distance anyway, They wouldn't be bused lxvavse the 15 Lo+p 288 bs9wecn Stuart Rood on t1e writ and astwvd to , :hoot Is within a trek and a half or somahing; is that PLANNING AND ZONING COMMISSION N 3 6, IBRR 10,1999 Page 113 • Page 116 r. Condenseltn" Page 117 Page 119 a I correct? I guess, and you've heard me say this at school board 2 MR RAMSEY: No. because of Loop 288. You're 2 comings, I'm kind of concerted that if 1 buy a piece or 3 talking about a major State highway in this case. 3 property and, Mr. Rishcl, I'm just going to use you As an 4 MR. RISHEL: The highway requires that they 4 example, nothing persona?, and Mr. Rishel buys it eel of 6 would be bused? 6 property and he beats me to the punch and does what he 6 MR. RAMSEY: Right. 6 wants to do, as individuals 1 don't think the planning and 1 MR. RISHEL: Thank you. 7 Zoning could really take sides on that issue And I think 8 MR. EN'GELBRKHT: Mr. Williams. 8 that's the American way. Could you respond to that 9 SIR. WILLIAMS: First thing, a point of 9 statement? 10 clarification, there are no neighborhood schools in the 10 MR. RAMSEY: Well, I'm trying to sort it out. I I south, no such animal? I I Are you talking about vested Interest in property and what 12 MR. RAMSEY: well, in the south of the Unitod 12 may be somebody's determination of the Inherent value to 13 States, not just the south of the school district. I3 that property? 14 MR. W'ILLIAMS: Well, In the south because mast 14 MR. WILLIAMS: Yea. Not necessarily the 15 of the school districts In the south are on the corridors, 15 value In other words, jrvt gating down to the gut 16 acid so, therefore, there are no neighborhood schools. 1 16 level, first fast-ist As we used to play u lelds. 17 guess, the question I wanted to ask, since Clayton Estates 17 MR. RAMSEY: well, I think we would like to 18 that Is directly abuts Ryan lligh School, what kind of IS see that property dcvetcped. I'm only speaking M an 19 mega ive affect has that had? And 1 may be calling the 19 individual at this point. The rolling terrain there 20 mobile home park by a wrong name, but there is a mobile 20 suggests to roe some extremely beautiful farms of design 21 home park that does abut Ryan High School. HAS there been 21 and construction, but we're really talking a very high-end 22 any negative effect from that? 22 development which apparently he's jug ler2 to accomplish 23 MR RAM.SEY: Quite a bit. That is a constant 2) that. 7hat'a a private concern. Anything that a public 24 security problem for the school district. We have had to 24 entity does, whether it's the County, the City, the school 23 build an additional fence in addition to the one that the 25 district, the Stale, or the nation, when we put down Page 118 Page 120 1 manufactured home people put there, M wrtl, And it has 1 public racilit!es, when we put down roads, we change the 2 to be constantly patrolled. 7'm issue is not so much 2 value of properties. That happens. 3 students, although we don't real!Y know who because it's ) The property at the interaction of Lillian 4 the hack sidle or our property. 71x-re's a constant problem 4 Miller and Teasley lane was worth nothing prior to the S with this. S fact that Lillian Miller and Teasley Lane Intersected. 6 MR,'AlLLIA.MS: what type or problems? 6 And it was the putting of the highways and the roads in 1 tig RAMSEY: vandalism, attempted drug sales, 7 derc that raised the value of that property. So the • e molestatial. 8 property gets a real windfall out or that, you sec, which 9 MR. W'1LtIAMS: Was this with non•studunts? 9 he didn't contribute to at all, Thls Is a long 10 MR. RAMSEY: Well, I can't recite all the cases to philosophical discussion that we really don't want to take I I for you, but it Is both. I I time for, I understand. But what I'm saying is every 2 MR W'ILLIAMS' Okay, Because to me --In 12 decision we make either advances or diminishes the value I ) o6kr word, I'm trying to Sim the mobile home impact and 13 or & piece of property and 1 don't think you can get hung 14 nM a scfiool problem. Is there any difference between the 14 up on that. What you've got to talk about is what is best I s rate of activity at Ryan I ligh pct student than at Anton 15 and what is In the public good. Sometimes that Is against 16 I ligh? 16 the interest of an individual property owner and sometimes ? MR. RAMSEY: Yes, there Is. We don't have the 17 it's to his advantage. I don't krow wlcther that's an 16 same kind or problem ai Denton I ligh School of all, And, 18 answer, Mr. Willi4nv% but that's about as close as I can ! t 19 although, Nnton High School is in a more contained area 19 come to it. 20 than Ryan is It's because the entire property line on 20 MR ENGELaRECHT: Any other gtlesdlns? Thank 21 the cast between Ryan lligh School and that park, whoa 21 you. Thank you. Is there any" else present who would 22 name chan`ed and I can't rcmemhr what it Is at the 22 like to speak In opposition? Anyone else present to speak 23 moment, has to be controlled. It's not out In the open 23 In opposition? Since we did have opposition, the 24 where it can be easily seen 24 petitiraa does have on opportunity for rebuttal. ]s MR W'ILt IA.MS: And the text question IS, I Ms. mcw%ALD T1unk you, Mr. Chairman. I PLANNING AND ZONING COMMISSION L I.A.AHER 10,19" Page 117 - Page 120 l t i I i Condeaseltt.. Page 121 _ Page 123 4 I will try to be brier. It appears to me that what is I special use permit approval, we mace all of those seven 2 compatible with the school district's athletic fields and 2 criteria very clearly and your staff has recommended 3 aquatics facility rrom a traffic standpoint Is vacant 85 3 approval based on that. 4 acres. What we arc proposing is one or the lower 4 MR. ENGELBRECHT: Mr. McNeill. We do have S intensity u+cs that's reasonable for this property given 5 some questions. 6 its location. It's located in an area that is bordered 6 MR. MCNEILL: Yeah. We recently approved some 7 on three ddcs by land uses not regulated by the City of 7 properties that had an age limit on the people who would 8 M-nton, on the southern side, it's bordered by about a I move Into it. Would you be willing to consider such a 9 16-acre parcel that seems suited for some non-residential 9 restriction to the people because you state that you 10 use. And I think it's not reasonable to believe that very 10 anticipate retirees? It sounds protry good to me at this 1 I low density, highcnd residential housing is going to Sc I I point. Would you be willing to Incorporate that In the 12 in In this location. If it's not very low density 12 approval? 13 residential, any traditional single-family residential 13 Ms. klcooNAtm we squally talked about at one 14 development Is very likely going to contribute as many, if 14 point sort of bifurcating, to take Craig's word, the site 15 not more, trips per day because of tie numbers of can IS and using the northern portion for rctirecs and 16 associated and children associated with those 16 restricting no children and using the southern portion rot 17 single-family homes. And so from a tree fc standpoint, I 17 mom ramily-oriented with kids. I would hesitate to put is think this is one of the uses that's as compatible u you 18 us into a situation where a single parent with a child 19 can get meat to this type of school district facility. 19 would be eacludod from this type of housing. We think 20 The unique thing about the school district facility, It's 20 that the market is going to show, is going to create that 21 really isolated by Loop 288, Stuart, and the road on its 21 far us. But I would hesitate to commit through the coning 22 north. 22 process that we're not going to allow school-sped 23 1 don't think that our develcptnenl Is going 23 children. And, again, if it develops single-family :4 to, from a land use standpoint, impact the school 24 MA MCNEILL: But I think ltuo requirements 25 district's property. With respect to the number of 25 would restrict you to only 80 percent chat would satisfy Page 122 Page 124 I children In the schools, this portion of Ubmton is going I that age requirement, The other 20 percent would have to 2 to be growing and the school district needs to plan to 2 be opera to anybody anyway. 3 accommodure eietttcrttwy, middle school, and high school 3 M5 MCDONALD: Correct. We think we'll be 4 children. We know that the facilities ate currently 4 under that. S stated to be at capacity. But in our DRC nhtrting In S MR. ENGELBRLCHT: Mr. Moreno. 6 speaking with Todd, he Indicated that there would be a 6 MR. MoRENO Question. 'Mitt is the average 7 pi w ror the children to to to school, And, again, the 7 cost of today's manufactured home? 8 number of children that we're talking about we believe Is 8 MS. MCDONAI D: $43 ,600 00. 9 less with our pr". I because we do believe, earnestly, 9 MA MORENO: $47,600.00. Thank you. 10 and the market analysis agrocs that a majority or" In MR. ENGEtBRECHT: Any other questions? Thank 11 residents are not going to have school age children, I I you, 17 And that I had one other point 1 was going to 12 Ms. MCDONALD thank you. 1 ) make Aguin, we think that we understand the school 1) MR. ENGEt,BRECHT: At this time I'll close the 14 district's amccrre about all of the tral is that their 14 public hearing and ask Mt Reed to provide us with any 15 ekvelopokni is going to be generating. But we don't think 15 final staff remarks and give the Commissioners ate 16 that at this point that should limit our ability to move 16 opportunity to ask any final questions rot stiff. r 17 forward with the development that is very compatible with 11 MA. RPED. Staff would like to just rciterale r IS its surrounding, its we think it makes good development is that we find that this request meets the amen criteria, A' 19 sense and, again, we've obtained a development plat from 19 That's why we recommend approval. In talking about the 20 the County that acknowledges the use on the property. 20 trip generation, tilts generation per unit is a factor or 21 What we'd like to do Is brim In a development that 21 its occupants, not rwmsarily the nix of the unit. The 22 complies with all or your regulations, as well. And so we 22 trip g mcratton rot a marutfsctured home it legs than that 23 do earnestly ask that you approve it or recommend approval 2) for an aparWii unit of a single-family traditional honk. 24 to %W Council, And we think really if you look tithe 24 A traditional home Rakams 9.38 a residential 2$ seven criteria that you're governed by in evaluating +a dwriling unit proluces 9.55 trips per day and an apartment PLANNINO AND ZONINO COMMISSION N 38. 1BHR 10,1999 Page 121 • Page 124 r I j Condcascf tta' Page 125 Page 127 e I produces about 6.5. 1 MR. fNGELBRECHT: Are there other questions 2 In the start report, in this staff report on 2 for staff? I would like to talk about the Issue of scows 3 page 4 we point cut that each unit of a manurectumd home 3 to this facility. At this polnL yeah, might nacd David. 4 park generates 4.97. And hem's a comparisat. For 428 4 From what I heard you say before it could be from Stuart, S manufactured homes we get 2,084 tripe. If we had 428 S or maybe it was the applicant's representative that said 6 singl:-family homes so we'd have to have that density 6 it could be Gom Stuart, it could be from L.acust. It 7 of ftve an acre, would produce 4,087 trips Almost 7 would arm to me that if we are concerned about Stuart I double, just under double. But let's say it was thrice 8 Road with the potential for the school, all of the 9 units per which is what Council is looking at, if we had 9 activity that will be generated by what's going to be 10 258 units which factors out to throe units per acre, the 10 built out there for the school, that it would be more I I trip generation would be 2,464. Still higher than what I I appropriate to access this facility from Lopust Simi 12 this geroerates. If it was it multifamily development 12 than from Stuart Road. I S with 428 units, it woul,l generate 2,742 trips per day. 13 MIt SALMON: Well, fast of all, of course, 14 And, again, just lit staff's analysis we did consider the 14 Stuart Road will ultimately be a four-lane undivided road 15 impact of this development on our transportation and, 15 which can easy about 14,000, 15.000 vehicles a day. So 16 again, every development pays for its fair hare and 16 betwoun improvements that will need to be mate when the 17 improves transportation adequately. I'll be happy to 17 school district develops their property and Improvements 19 answer any questions. 18 that will need to be made in order for this development to 19 MA. ENGELBRECHT: Mr. Williams. 19 be cotstructed, I would anticipate that that road would be 20 MR. WILLIAMS: Yes. Did you do any 20 almost completely well, would be completed from this 21 demographic study about the average ege of our, excuse my 21 development all the way out to Sherman Drive at that 22 political incorrectness, mobile home dwellers? 22 point. The applicants 1 don't think have put a lot of 23 MA. REED. No. I'm not going 10 say it's not 23 numbers together yet. I don't think they've deci&d. 24 available, but I don't know of any study that points out 24 They may decide that it would be more beneficial for them 25 the demagraphlcs of manufactured home parks. 23 to build it out in the other direction. 1 think that may Page 126 PRO 128 I MA w1LLIASIS okay. That's it for now. I be a function of whethee they can obtain the right-of-way I 2 MR. EN'GEI.BRECHT: Mr. Moreno. 2 or not. 3 MR. MORENO, Mr. Reed On your trip generation ) MR. ENGELBAECHTr I guess what concerns me is 4 numbers that you were just going through, tell me again 4 we're closing fir at-grade crossing or talking about that S what would an sF-7 generate on this lot, or did you speak 3 and I highly support that at Stuart Road, Why would we 6 of that? 6 want to add any activity at all that we could potentially 7 MR. REED Actually, l didn't speak to an 7 mme somewhere else off Sherman, including the school If SF-7. what I spoke to is if we replaced manufactured a district and everybody else so that because you just 9 homes with traditional homes, the trip generation goes up 9 indicated that we might want to that would build-out 10 to 9.35 trips per day per unit. And that equates to 4,087 10 the four tan.. Flow are we going to get four lames, two 11 trips pcr day, 11 lanes out of there? They both have to turn right onto the 12 MR MORENO 1 don't understand the dramatic 12 Loop, correct? Because they can't go any other way. So 1 13 dl(fci encec. 1) guess I'm trying to understand which would be west. 1 14 MR. AEE.D. Again, it's a factor of occupant, 14 don't even understand why we'd even want to try to do four 13 And the Institute of Transportation engineers has studied 15 lanes. It would soctn to me that we would want to contain 6 nationwide for many decades the average trip generation 16 that to two and ritinimlre the amount of traff a on Stuart, 17 per development. So they do resid attial They don't 17 on the north tide. to diffcrcntiere bctwmn sr- to. sF-7, one-acre developments, Is MR SALMON: Well, first of all, when you gd h, 19 they say retldential per unit, typically, generates 9.53 19 to the Intersection of Stuart Lane or Long Road or ~f 20 trips her day. And their study of manufactured home parks 20 whatever It's called and Sherman Drive, there Is 21 they find that per unit, 4,87 trips am grncreed per day. 21 eventually going to be a signal there. And I would 22 MR. MORENO. Is that because they're older 22 Imagine the signal Is going to F.Rve to be there before cite 23 people that We staying in and they lend to stay at hams? 2) school district puts everything out there that they're 24 MR ACED ale could make that conclusion. 24 planning to. So, first of all, you're dealing with a 25 MR MORENO. okay. Thank you. 91 signal tight Intersection, I believe, no matter which way PLANNING AND ZONING COMMISSION N 39 • IBER 10,1999 Page 125 - Page 08 7- -D , i I CoodenseIltsr Page 129 Page 131 c I you get out of this thing. I MR. REED, Say again. 2 MR. ENGLLBRECHT: Al Sherman and okay. 2 MR. BUCEK~ 23-111 says Y00 Can 3 MR. SALMON: Right. You've got a so you're 3 MR. LNGELBRECU. Additional conditions. And 4 dealing with the signal light intersection, N%I= you look 4 what I'm basically saying is they have a wt of conditions 5 at an intersection, a T intersection with Sherman Drive S evidently that they are going to Impose on their d and Stuart Road and you've probably got a dedicated right 5 subdivision. 7 turn lane and it dedicated kn turn lane and you've got 7 MR. RtSHEL Like deed restrictions. 8 the two lanes coming in, So I mean, I think functiunally 8 MR ENGELBRECHT; But I wcm d like to see 9 four lanes weeks coming off of Sherman, saune thing coming 9 those as pan or the sup. 7hey had in kcawd to me that 10 off of Locust Start, North Locust. 10 they would be willing to do that. My question to you is I I AIR. ENGELBRECH r okay. Let roe go back a I I could staff review those between now and the next Planning 12 minute Would you put that site map out there and point 12 and Zoning Commission? 13 out Stuart Raul and Long Road and which you're calling 13 MA REED 7'es, we could if that was your 14 what and what's going to be four lades? I think maybe 1 14 recommendation to. 15 am somewhat confused. I S MR. MCSTILL: I know you haven't recognized my 16 MR SALMON: Okay. What's labeled as Stuart 16 button, but I had a question for you. 17 Lane, I think it's actually Long Road. Actually, our 17 MR. VNGELBRECrrr; well, I hadn't stopped my 18 Thoroughfare Plait shows this being extended all the way 18 questions. For me? 19 through Locust SMA, 19 MR. MCNEILL: Yeah. I'm trying to understand 20 MR. EYGLLBRE00; okay. 20 what you're saying. The things on the drawing Is what you 21 MR SALMON: This Is actually an excerpt from 21 want to put Into the plan, right, or what you want to put 22 the you've got this whole thing here. And this is 22 into the approval? 23 supposed to be four lanes undivided. And I would 23 MR. ENGEI.BRFCITT; YOU sot, they have, for 24 anticipate that inierstction and that intersection being 24 example, and maybe I'm missing them. Maybe they're all 25 signalized I would hope before the school district 25 there. Page 130 Page 132 1 property is dcvclopei or at the same time. 1 MR MCNEILL: t think they are. 2 MR. ENGELW.ECH'r: okay. All right. From the 2 MR. WILLIAM& 1 don't think, if I'm not being 3 staff reporl it wasn't clear to me, Is the closing or die 3 out of turn, I don't think they are because then were 4 at•gradc crossing on Loop 288, Is that In any way related 4 sidewalk sires. On here it says there will be a sidewalk. s to this case? Is there any tic-In? S Are we talking nbout conditions? And so I can understand 6 AIR. SAIAION: N0, it's not 6 the question yrXm asking. 7 MR FNG1..1-BREm: okay. All right. That's 7 Mk. 0 GELBKECHT: well, lcl's take, for 8 IN only question 1 have 1 think with regard to the 8 example, to go back and answer Mr. McNeiil's question, 9 roadway. I do have another question for Mr. Rced. Thank 9 there are no nothing laid out in here with regard to 10 you, flavid. What would it take to incorporate, to review 10 the standards for garages, T'hem's nothing laid out in 11 and then Incorporate their plans into the SUP? I 1 It*,; with regard, that 1 can remember, for the standards 12 MR RUD what would it take to spi,rove the 12 for porcbes and steps and patios and all of those other 13 exact layout of their 13 kinds of additions that they Indicate they're going to do 14 MR ENGIIBRLCH'n well, no. I'm talking about 14 that would, In essence, ensure a quality development if 15 not only % ;hat we see here but the applicant has Indicated 13 they went away and somebody else carne in. So that, 15 that tky'N willing to attach to this SUP all or the 16 basically, if they're proposing this quality manufactured 17 recluircirxrts that they were standing here proposing with 17 home facility and we have all of their standards in place, r h go away, it atilt has to A' ' 18 regard to ben design, t;yw of structure, garage IB then if tey 19 requircmnts, pad requirements, storage pad requirements, 19 MR. MCNEH U Someone else has to do that, J f 20 on and on and on and on. And could all of that be 20 M,7. ENGELBRECHT: Right, And that's what I 21 reviewed and douse between now and the next mocling of the 21 was looking for today. 22 Planning ad Zoning Commission? 22 MR. MCNEHL: okay. I sil;= 23 MR JULD rm looking at the mqutfcmcnls of 23 MA E:GFLBRECHT: And 1 mahre I didn't call 24 an 511 and the requirements ror It site plan. 24 on anyone yet, but l waa still asking questions. I know 25 MR BuCLI(i I think he's talking about 33.113. you had some igns. Mr. Williams. PLANNING AND ZONING COMMISSION R 40L,ABER 10,1999 Page 129 • Page 131 C Cs'odenaeis"` Page s33 Page 135 6 1 MR. W11,11AMS: You answered my question. i even Intersect the loop? 2 'fiat's all I wanted to say. 2 MA SALMON: Right. No, it w91 be completely 3 MR, ENGELBRECHT: Okay. All right. We do 3 cut off altogether. 4 have some, now that we've gone on, and I do rocw;it that 4 MR. RISHEL: Okay. I was trying to sex where S the applicant appears she would like to say something and 3 this light was coming In that you were talking about, 6 before I call anyone clan's questions, let me ask 6 MR. SALMON. Yeah. We're talking about t because evidently she would like to respond to something 7 signals probably at well, definitely at that location e that's been said in here. Certainty, come up and let's 8 and at that location at some point in time. 9 hear what you 9 MR. RISHEL: You answered my question just 10 M.S. MCDONALD Well, my only cumin IS that 10 great. 1 was envisioning sense And of light on the loop I I we realiy need to decide on conditions this evening We 11 and I was saying only traffic going one way. it didn't 12 really nerd to go to the Council on the schedule that 12 sound like your operation. Okay. Thank you. 13 we're on. And We, obviously, have to moot Building Code 13 MR. ENGELBRECHT: Mr. McNeill. 14 requirements with regard to garages. I don't know if 14 MR MCNEILL: 1 didn't turn it off because 15 you're talking about a percentage of lots that you want to 13 they told me not to rum it off 16 have them. I'm not sure exactly what you're talking about 16 MR EI.GEt BRECHT: I know, Okay. Mr, Moreno. 17 with regard to standards. But we can agroe on 17 Mk Mokwo: Question for Mr. Reed. Are we I8 MR. ENGELBRECHT: ttt me turn that around the 18 voting on a specific use permit? That's what we're doing 19 other way and I say, and we're not exactly sure what you 19 tonight, I believe, 20 define as state of the an and that's where the, at least 20 MR. REED: That's correct. 21 I, let me say "1 " 1 am not sure about for sure where you 21 Mk MOMV~ And Is this site plan a pan of 22 are with regard to state of the art. 22 this sut? 23 MS. MCDONALD: If you guys is there more on 23 MIL REED: A site plan is required as part Of 24 the Agenda or are We it? 24 an SL't request. They've provided more than the minimum 23 MR. ENGEL,BAECHT: No. 25 level of Information required. And the actual plot plan Page 134 Page 136 1 MS. MCD0%ALD Ate you rofng to take a break7 1 there, as 1 stated In the staff report, has to actually be I 2 MR. ENGLt.BAFCH r. In a few we may do that 2 approved by the building official who distributes copies 1 3 in a few mumenis 3 to the appropriate departmenLi for approval by those 4 M,S. MCDONALD, Because 1 may be able to come 4 departments. So the actual configuration may change 5 up with some things that might make you-sli foci better. 3 somewhat if, let's say, the Fire department, which has 6 MR ENOLrBRECHT: All right. Okay. Let's 6 reviewed this and more or less has signed off, finds 7 we have some other questions for sWT. Okay. Thank you. 7 sere estilng But that says, well, actually this won't work. 1 8 That kind of clears us up with rcg.trd to where you are. 8 Tttcy would have to change that because that's pan of the 9 Okay. 'A' do have some other questions for staff. Mr. 9 plot plan approval process. So I'm just trying to make 10 Rishet. 10 clear a site plan Is required They provided the minimum I I Mk RISHU.: Mr. Salmon, I'm not quite slue I I I plus additional. 12 was following the egress situation coming from the 12 MR. MoRENo: okay, 'thanks. 1) subdivision, bd%clrt the subdivision and the school I) MA AFED. You're welcome. t4 system. IAVn we no longer have an at-grade crossing at 14 MIL ENGELBRECHT. Okay. I guess this is a 13 Stuart, so there's only going to be right turn traffic; Is 15 question fa you f'm not scut. I don't think it's 16 that ccwrc i? Am I following shot pan of it correctly? 16 strocts necessarily, but we arc ultimately going to create 17 MR. SALMON Well, no. There will be 17 it great dal more traffic its this area if we build a is ultimately, there's going to be s compkte disconnection is couple of schools and an aquatic center to the east and we 19 of Stuart Road on either aide from Loop 2&8. 19 don't know what yet to the west of this and wt have this 20 MR RtSHEL: Right, 1 understand. 20 major street running through the center of a (ociiity I 21 MR SALM014: so in order to exit the 21 guess my question is, are we doing anything in terms of 22 subdivision you're either going to have to go out to 22 buffets for the for these structures from this major 23 locust Strict on the collcoor or you're going to have to 23 roadway other than the foes that they roue of the lots 24 got out to Sherman Drive on the collmlor street. 24 access it directly? Tbcy're all backed up 10 this cross 25 MR RISHrU Okay, So Stuart Road will not " Area which we might call what was the name, something PLANNING AND ZONINO COMMISSION NIL 41 JER 10,1999 Page 133 - Pagt 136 t i Condenwit t 1 Page 137 Page 139 f 1 lark Long Road. Okay. Whatever it'i titled. I to Improve Stuart Road, as well as the new road that 2 MR. REED No, there are no other buffering 2 connects Sbaman Drive with Locust Street. 3 requirements. I might add if I can rind it in the Chapter 3 MR eecD eased upon aeir traffic Impact 4 32 here, th='s actually a requirement as to how Gv 4 analysis. And wbat weir Impxt will piece on the S the closest a manufactured horse can be to an adjacent 5 sinvu Om will be a propanianal improvcoent to that 6 street and it is greater than what we require for a 6 ,tract. Currently. We a substandard road to arty 7 single-family home Single-family homes, typically, have 7 definitely will have to Improve It to a minimum level for 8 a ten-foot rear yard setback end if it was abutting on the 8 adequate transportation -ahkb is fate. 9 other side of the rear yard property line or public 9 MR ENGELeeEClrr: W. Williams. 10 street, it could be ten fact from that street, the 10 MA WCLUA.NS Yes, I guess this is probably I I guidelines in here, and I don't want to say, but I believe I I a point of instruction. Could you, from a planning point 12 it Is 15 fact So In addition to the screening, there's a 12 of view, discuss with me a few minutes about arrenit n 13 setback requirement, 13 that idealistically that we would expal In a higb-toch IS MR. £NGELRRECH'I': All right. But the 14 man ufacturad community. 13 applicant has not proposed any standard end what we would 15 M0. mttV what attenltks we should expect In 16 wind up with is is this bo*-podge of fencing along the 16 a bigh-tech MW 17 back side. Well, I'll talk to you about that, Because 17 MR wlLLtaxrs Yea. And, basically, I'm 18 there's nothing on the site plan with a'gard to that, l i 19 talking strictly classroom theory, not reality, a that 19 don't think. I didn't we it. 119 maybe we can get some Idea wbo we get down to conditions 20 MR. REED: There Is a note on the site plan 20 that we can apply to here. 21 that says that a six-foot perimeter fence will be provided 21 MR imm Let ce pass this out. This is the 22 around the entire property and that's actually pan of the 22 section of Chapax 32 which gives the ethnical standards 23 the SUP process. lie sUP process addresses screening and 23 for manufacturod home parks for atone locaw inside the 24 landscaping. The plot plan would actually show the entire 24 City of Denton. And as 1 talk maybe this can be passed 23 fencing or x display of the entire fencing, 27 around. A classroom lecture, I couldn't give one on Page 138 Page 140 I MR. EN'GEI.IRECHT: Okay. I high-tech manufactured home parks because I just don't 2 MR. AEE.D, And I wouldsay that in this 2 know them well enough. What I can say is what you 3 particular with this particular type of rrcvelopment 3 currently have inside the City, not a single one of them 4 Chairman, you would rind a consistent fencing, whereas 4 would probably comply with all of our design criteria. So S with single-family homes you may not rind consistent 5 this one's going to comply and be superior to any one 6 fencing because that's pan or the plot plan. 6 inside the City. 7 MR. LNGt'URECItl Okay. There was wmeone who 7 What are some of those superior design 8 had ~ question. Doesn't now. I features? One would be minimum lot requirements, No lot 9 MR RISHEL: He answered it. '[bank you 9 will be less than 5,000 square fed. 1 would wager a bet 10 MR £NGl48RECNT: Okay. All right. Any other 10 that every single one inside the City of Denton currently I 1 questions, Commissioners? Yes, Mr Moreno. it have lots below 5,000 square feet because, again, they t2 MR. Moarxo: w'e're going to require this 12 were brought Into the City is they existed prior. 13 drvclopcr to improve Stuart Road all along the frontage of 13 Scroming, this park will have a very consistent 14 the property? Is that what I heard earlier? 14 screening. All other parks In the Crty currently have IS MR. REf.D. that Is Correct. That's our is consistent screening, 16 standard subdivision regulations. 16 Open spas requirements, this particular 17 MR MoRENO Even though Stuart RwJ is going 17 and recreational facilities, this park will have a minimum 18 to he closed at Loop 288 some day, 16 of eight Nv=1 of the gross site area dedicated to open f t,, ` t> 19 MR. RLI-D: Cornet, Now, Stuart Road north of 19 space. Again, existing parks may W provide that minimum 20 the Loop Is ldL'nliriod as a local street so they are rot 20 level of recreational open space, In addition to 21 retaking Improvements to the street ror a heavily trafficked 21 providing the open space, they have to provide private 22 road, but for a local street. But David Salmon said they 22 recrea.ional facilities that will serve the anticipated 23 are rv'qu[rod to put 24 fact or pavement and a curb on 23 needs of the clients. I think that would be superior to 24 their side of the road 24 what's found here currently. And in addition to that r 15 MR MORENO SO they'rv going to be requirod " this manuradurod home park will still contribute to PLANNING AND ZONING COMMISSION 9 12 IBER 10,1999 Page 157 - Page 140 c l I I ~ Coodonsell°1 Page 141 Page 143 k I public parks, will still contribute per unit $197.00 to I au Rtsimu out what I'm seeing Is 2 the facititics that will be located on public parks, to 2 MR GLB4DEwrn7o, aut the fax will be 3 include die one that will be across Stuart Road. 3 consistent, 4 Minimum parking area, this project will 4 M0. RISHEL But would the fence be S provide two parking spans per unit. I don't know if you s consistency on top of a tree-foot berm. I Sims Is my 6 get that is old manufactured home parks. Lighting, we 6 question. 7 have to ensure that lighting is adequate for the facility 7 MR oLENDcs*siva Three feel and up. 1 mean, B and that's Being to be reviewed by die director of PuPic 8 in some pieces it could be a ten-foot berm. 9 Utilities. Existing parks in noway, form or fashion IL',I 9 MR RrsHEL okay. I guns my wording on here 10 any lighting review for their parks. Many of the existing 10 maybe is not correct then, because it Says earthen been I I manufactured home parks evenoselfy got onto our water and I I diminishing beyond entry. And I'm seeing that at sumo 12 sewer line systems, This one will Ix on our water and 12 areas bdr.g no berm at all. at last die way I lad It 13 sewer line system. 2 think that would be it. Mr. 13 here. So shot was my fit question. My second question 14 Donaldson, do you have anything else to add? 14 is, as I look at the wonderful Little schematic that was 15 MR. DONALDSON: just that we rcquUe certain IS drawn of de entryway and you have a two-foot by two-foot id design elements of manufactured home parks that we don't 16 concrete column and then a rice I8-Inch sphere on top of 17 require of any standard single-ramify subdivisions 17 that on tither aide of the entryway, and then you have a 1 B dsewhicre in the City. Manufactured Aorta parks are 18 broken line and then another column further down. Con you 19 required to provide open space. They're required to 19 tell mac what the column spacing Is? It's not clear on my 20 provide mareational amenities. They're required to 20 plan. 21 provide RV and boat storage space, They're required 21 MR etme ,%tgo That's 50 feel. 22 provide on-site storage space. These types of things 22 MR. RMIEL so fea? 23 aren't required In my subdivision and arcn 1 provided. 23 MR arn+oE NEVa Yes, 0. 24 But yet we do require those of manufactured home perks, to 24 MR RtsswL. okay. 27 a certain degree, to accommodate the higher densities that 23 MR rx.LNOENNTNO: we hav0111 compkrtod tlhose j Page 142 Page 144 1 we allow bivaum of the 5.000 square foot minimum space I plans for the 1 apologize for that for the whole 2 requirement 2 fencing of the project. It will be consistent ..,ade of 3 sill ENar WCHT okay. Mr. Ri$bd. 3 the same materials. i 4 MR umm, Yes. Mr. Ckndenning. on de 4 MR RISHELt And what is a white privacy S plan as it war discussed originally along Stuart Road, as S fence? Is that white wood or is it Pvc material or what 6 I saw it initially until 1 looked a little closer to the 6 Is that? 7 plan, l was endsioning that entire fencing dung Stuart 7 MR. GLENDL:NNWt3: Well, sit, It's - we 8 Read being a built-up berm end tin a six-foot fence on a envision this as being a whitewashed wooden fence Ohm's 9 top of that And as 1 lock at you plan what 1 nor in 9 not glossy white but that you while-wash, ' 10 that, it says, and correct me if I'm wrong, h Says, 10 MR. RISHEL But it would be wood? 11 eartam lenm diminishing beyond erhVy. %Nut don 11,41 11 MR. GLEADEIVSVOi Yes, air. _ 12 man to you? 12 MA, RISHEU Okay. It just gays white privacy 13 MR oLLNDLNx era well, sir, la's not going to 13 fence. II doesn't say wood or Pve or some other more 14 be a kvcl arc, The eras out there is pretty irregular 14 long-term type material. 15 and at dc-e's a rcquimnent for a minimum or & IS MR. GLBNt>mN NG: we're going to take a look 16 six-foes face We bout dodicakd. prior to annaadon 16 at that. Thdre'e a material that's out now that they do 17 when ws wm approved trough the County, an additional 30 17 with vinyl, actually, and wive taken a look at that ah'd 18 fa4 for the access. So as a portion of that asem ni we 18 It's I've seen some that looks pretty nice. I s \ 19 plan cm building that up and In places II will be ten a 19 MR. RISHEL: one of the things we're concerned r~ 20 12 fat and it might Sn down to nine fart in certain 20 about as we look at other developments and partlcv!arly :1 "1. There's a couple of treks in there. 2l where you're going to owm the feria around it lxeause it's 22 MR RISHEL: there's a natural contour to de 22 pan of your property as opposed to an Imdividuad l 23 land. 23 residence where the residents actually eventually own that 24 MR eLLND17NY1Na Yes, L'Vg's a natural 24 property, Is the interim post between the nice columns 4 23 canto6-, to it will diminish and rise, 43hat you have them, what do you ON those posts being? PLANNING AND ZONING COMMISSION N JER 16,1999 Page 141 • Pager t44 l t r i Condenseltnr Page 145 Page 147 4 I MR. GLENDENNING: tr you 'I do then less I MA RtSlrEL ERCuse me, b4. P.ngellimcbl. I 2 than ten•fat, you know, as an old farmer - 2 have one more question. 3 MR. RistiEL: what soft of structure we the 3 MR. ENnELaRECHT: Yes, Mr. Rishel. 4 posts? Is that w'oosl? 4 MR. 111511EL: on the typical lot layout. I sae S MR. GLENDENNiNG: More than likely. They S a rwt appann to he a setback from property line to tie 6 could be. We have not designed. 6 building structure is four-fom is Out correct? 7 MR. RISHEL- we would like to see a little bit 7 Slit ENGELaRECH1: is that side yard setback? I more parnanurrt fencing and so, historically, in most or a SaL Runt Thee Is not a "Wk. per sc, 9 the developments we've done, the fencing posts that we 9 from the - these are toned Into. TMsa are not actual 10 have reconumnded to people as developers have been steel 10 lots that will be lot of roc ads on a ptat. mucb like a { 11 posts, 1I multi-family M'elopment, where you hoe one•targe lot and 12 MR. GLENDLN\ING, Concrete on ten-foot ocnten 12 many units on •1. These lots that are shown on The site 13 and then added to iI, A plan are Imaginary lines whkh will note lased spaces. 14 MR. RISHEL: I don't know if we've ever UA 1 14 In the roquhcnenU on page 2233, which 1 handed to you 15 Uses-foot centers, I think, typically, we're a little 15 recently. open apace tequirearenls, there are four 16 closer to probably eight-fit centers, and I'm Just la criteria. None of therm address, you know, aninimum seback 17 gueming, So it wot?d be my suggestion that we look at a 17 from the leased lot line They simply state that the I9 little closer that spacing be eight foot and that those 18 minimum front yard aeobnck shall be 15 fat from the 19 columns bl metal columns or neual posts in between the 19 fleetest comer of the mobile home to the front fine of the 20 brick columns that you have which are every $0 foot. 20 stand, 21 MR. GLENDENNING' wouldn't have a problem with 21 The second is no mobile home or manufactured 22 that, 22 borne shall be closer than 15 feet M any adjoining public 23 %lit RISHEL: okay, Thank you. 23 righibf-way, which I discussed eaidv. Third is for 24 MR. ENGELBRECHT: Any other questions? Okay. 24 other slructura, the minimum front yard setback shall be 21 There doesn't appear to be any more at this time. Thank 25 15 fact such as a community centa. Pour, the minhnuun Page 146 Page 148 1 you. Commissioners, would you like to take ten minutes? I distance betwocn mobile homes and recreational vehicles 2 MR. M(NEILU where toe we going with this? 2 shall be 20 fat on the side and 16 feet tm the front and 3 MR. E.NGELBRECHT. okay, We're at the point of 3 rear. So they can be on theJ leased lot line but the 4 tkiitkretion W'e have finished all scarf unless you 4 next one can't be any closer than 20 fat. S have any other questions, we have completed all questions 5 MR. RISHEL- Thank you, That clarifies what 1 6 for staff, There was no one else. 6 had. In fact. you could be four foot from One !ease lot 7 MR. MC'NE1LL But the qu1Cr'ion you raised a 7 line with one stru ve but the next structure could not 9 little bit ago was, could these conditions that they had, I be four feat our the other side where you only have eight 9 is there a nAxhankin to put those in the plan. ) foot between, 10 MR. ENG14 BRECHT: Yes, We Can 10 MR. ltnm n would have to be 16. 11 MR. MC NE'.ILL: But my qu,`slion is, are you I1 MR. RISHEL• So you regulate „ thank you. 12 hoping that during this break that they will come forth 12 MR. ENGFLBBEC14f; Okay. Let's ° ML Williams, 13 with these recommendations to put in this plan? 13 did you have a question before we break? 14 MA ENGELBRrCHT: Yes, 14 MR. W'it.UAm Yes. I have a question rot Mr. 15 MR MCNEif a well, I tbink we ought to tell i5 Rish^I. Mr. Rishcl, you mentioned senlctlang about 16 them thal. 16 sidewalks a few minutes ago and I think you met(iolkd 17 MR. F.NGELBAP.CHT: well, I wool golog to do that 17 would L'7Cy be v. '.k enough and It's tvn probably an hour / A lit after we broke That would give them an opportunity if 19 or an hour and s half ago. M you remember that question 19 they want to submit anything with regard to that 19 you asked') r 20 MR. MC•NEILC.: 7bal they would add to iltls 20 MR. RISHEL: I don't have a clue. 21 draw ing? 21 MR. R'11114MS+ Because I would like for that i 3 22 MR ENGELBAFCtiT, Right, right. 22 to be a condition and t.ren I'm ro: to tell them what 23 MR mt.Nnu,: Gkay. 2) conditions I would like to see b.. ,i i don't 104 for j 24 MR. VZA I.Wr, ilf' And there were some we 24 anybody giving ine an amignment without at least telling 25 noc& the break a what they want. PLANNING ANO ZONING COMMISSION N ' ER 10,1999 Page 145 • PBgc 10 44 t 1 t. I r t i 1 i I I! ColadcD/c12n" Page 149 Page 131 1 MR. ENGELBRECHT: well, before we do, before I you went to address what you haMled out to us as we vatne 3 we break, let's ask staff to reiterate what doe sidewalk 2 back Into session? 3 requirement would be for this subdivision. 3 MR REED: Yca. The applicant has written 4 MR. REED. Well, the sidewalk requirement 4 four standards down oe conditions down that they're 3 e^ould he along any public road they must provide a S agrocable to. the first one is fencing It's stated 6 four•futst *A I& sidewalk a;r) that's handled during the 6 metal posts will be located eight fat on center between 7 platting process. They have to provide that along Stuart 7 columns to be constractcd around the perimeter of the b Road, the proposed collector, which will run through tl,air / property and along the public street through the properly. 9 oroNyty, 'Those are the scijoining public right-of-ways 9 The second condition, sidewalks. Four-foot concrete 10 through and rfong this property. Internally, I've read 10 sidewalks along public roads and along one aide of the t I the guidelines and I'm not recalling for a plot plan that it internal driven And that could actually just address the 12 they have to provide Internal sidewalks 12 private stmts. Parking pad, 19 fat w{de by 24 fat 0 MR. WILLIAM.S: Okay, I guess that's what I'm 13 deep. That was put in because staff looked at the 14 asking for because I work with kids and I moist home visits 14 exhibit. David Salmon actually pointed out. that it was 13 to the mobile home parks. So I don't know who lives there IS only 20 fat dap. Ile was comfortable with 24 dap. 16 but and I we kids walking and going all the time I'm 16 Elghtan fat wide is a typical driveway for a double-wide 17 there, so I would like to have that as a rendition and 17 garage for a home. Utilities, all utilities will be 18 then we can discuss it and it can be voted up or down is underground is the last condition. 19 MR. ENGE.I.BREcHT: Okay. 19 M0. ENGELBRECHT: Oks3, Commissloncrs, do you 20 MR. WILLIAM.S', And I don't know the proper 20 have ct"lons for staff? Mr. rtishei, 21 sidewalk six but that'% one of the con1tions that I'm 21 MR RISHEL: Mr. Recd, In he document that 22 asking for. And the two-car pa.icing area, f don't think 22 you passed out that says Demon Cock, I guess this is page 23 that would he a problem, but i do want that as a 23 2233, Foction I, it reads, Mobile home visits The area 24 condition 24 of the mobile home nail shall be concrete to provide 23 MR. Rrhm They would be required to do that 23 adequate sup,an for the piaameni of the mobllo home Page 130 Page 132 1 even by their plot plan I Would you describe that area to me aS you would underrund ' 2 MR WILLWSIS: Yes. But still want that 2 It from that reading? 3 okay. And, also, what about does a plot plan state these, 3 MR AEED vas. What Jim Is mrerclno to Is 4 what is it 16 percent? 4 the wtual pod the: the manufactured hose will be lotted 3 me . Rr r.D: tight percent gruel. 3 on. And we could hove the document cart n on, that Is 6 MR. 'A ILLIAM%. No, no. I think they said 16 6 wying that this era hie will be contmied of 7 percent, didn't ilwy? 7 concivw. hmustbeeonslruckdofcoatee. 8 NIR- EN'JrI.BKf CHT: 14 percent open space. It's 8 lox RostIEL That whole am? 9 stated on there, yes 9 MR REF. That whole area. 10 MR %IU LAMS: 0Y'.ay, 10 MR 1,.49EL is that standard frow tdr. o0a I I MR LNGLIERECHT. Yet, it Is. We'll take tell I I manufactured homes we hove In our sra7 12 minutes, 12 MR It". Alvin, I can't toy dcfinidvely it 13 N1R RI PD can I ask a question of Mr. 13 Is but, my no trans, have they bad to comply with this 14 Williams? When you tatk about sidewalks along their 14 repletion because they exlstai prior to being annexed IS private stnchs, our standard for public strata is along is MR RISHEL okay, I know we're not open for 16 both sides. Would you want then to ogroe to a condition I6 discussicn, but 1 Just want to make sun the client r 17 of Ixtth sides or one side? 17 understands and Intaprats It she soma way we do. If he ' A' 18 MR. WILL IA: I.S': I w'Duld just like aside where A sees It differently, I'd like to we a questlon here, 19 kids would be out of the stmt so one side would be fire 19 MS, MCDONALD, w'hot we uttdastand 111111 to be tr 20 MR. LN'OLLB RECV: Any othor comments? Okay. 20 h that the mobile bane has to be ad on concrete 21 We'll We ten minutes. 21 MR. RISHEL Manufacnved horde. 22 (Break taken) 22 Roe. MCDONALO Manufactured Innte, you're :3 MR ENGELBRECIM Okay. We will reconvene at 23 correct. 24 this 1 imc and continue Case No. 2.99.082, At the break we 24 MR RISHEL Thank you. 23 were disci tvsing the issue of conditions and, Mr. Aced, do its MCOONAI A There b w that we were )list PLANNING AND ZONING COMMISSION N 4 5' i@R 10,1999 Page 149 • Page 132 r i t t Condenselt'm Page 153 Pare Is$ I having a discussion that sometimes to Allow for shifting I occupant. I soils, there may be breaks In that concrete and the pad 3 MR. RrSHEL: is there a regular policing 3 may not be solid, but where the manufactured home is 3 effort that goco on to make sw a that this stays attached 4 attached to the ground, it will be concrete, 4 and it's In plea and the dogs and the skunks can't get 5 MR. Risnrt: So doe, that mean you put A pier 7 under the Is that part of the natural process that we 6 in that area? I'm seeing some nods, 6 would sec? 7 NIS, MCDONAI D: They call than runner, but 7 NIP. REED Also, en annual license Is required g that allows for natural soil shifting to occur without the g and an Inspection, on-sito inspection is done by out 9 slab. 9 Building Inspections Department personnel and they ensure in MR. AISHFU okay. is that the same type of to that all of these criteria we met So at some point 1 I thickness that the driveway Is specked with a four-Inch I I during the;var I'll admit it may happen where skirting is 12 concrete area slid a beam? There's a beam there. I'm glad 12 dawn or not In pica, but every year that skirting has to 13 to hear that. It's not as wail written as I'd like to 13 go back up or elce they don't gel a license. 14 set, but the entire area underneath the manufactured honk 14 MR. RISHEt! okay. And under their general 15 would be • no, that's not correct. IS notes 1 noticed It has, under number rive, it talks about 16 Ms. MCDovAtn. It's not the entire area. It'e 16 adequate lighting shall be provided throughout the park. I7 where the manuraetured home sits on the ground, it sits on 17 Is there a foot candle requirement that we look et? Is Is a beam, a concrete beam, is this adequate lighting along the Anacts? Adequate 19 MR. Iu.sItEL: okay. Is there a spec to that 19 lighting bctwtcn the units? Adequate lighting in the park 20 within our City requirerricnis on what that beam sizing 20 Areas? I'm not quite sure where this adequate lighttlg 21 nocds to be and depth and concrete strength And nbar and 21 we're specifying under general notes is. 22 relnforcero:mi and the other little, iluings that might go 22 NIS. MCDONALM wall, along the public stmru 27 along with that, 23 that goes through the development, the City has street 24 MR RFtD, Staff doesn't know. If the 24 lighting standards. That was intended to Indicate that 25 building orricizl was here, I believe Grey Mitchell could 25 throughout the Internal drives there will be adequate Page 154 Page 156 1 better answer your question, Commissioner. And 1 could I lighting for people to be able to fat safe We don't 2 get an answer for that and provide it In our backup for 2 have foot candles esiablist ed for that That's a private 3 City Council to address tha~ concern. 7 drive issue, But just wanted to Indicate that lighting 4 SIR RISittL, okay. Another thing it talked 4 would be provided other than what was on the public S about here was the apron that is affixed to the unit. And 5 street. F it sounded like the aprons were rquired for the homeowner 6 MR. RIS11FL: okay. Thank you. 7 or the home renter or are they owners or renters? 7 MR. REEo rd like and, again, the 6 x4S. MCDONAt.D, TI1cy are hottxtoAricm but they b dlrmlor of Public Utilities must approve that plan. 9 Are lid rrners 9 MR ENGELBRECHT: Do you mind if I jump in 10 Sim. RISIII L Okay. That the homeowners would to with a question here with regard to that? I I attach those themselves, L• that their responsibitity7 I I M0. RISHFU Please. 12 And I remember you talk irg about the criteria and making 12 MR ENGUIIRECHT: why didn't we just put the 13 your development a premier development 13 standard on there that they have to meet our standard 14 MR RELrn I can answrr that one actually. 1 14 subdivision lighting criteria and that takes the is don't bcl icve I gave you this part of Chapter 32, but it's is MR. Aistict: It sounds like some of our 16 page 2242 of Chapter 32 and the section Is responsibility 16 standards in manuractured homes Is stronger than what wt 17 of park occupants, so the occupants of tlr dwelling units. 17 have In standard subdivisions, so I don't want to r d 19 Respotsihilitics or park occupants inci; the rellawing is circumvent that. That's what I've heard throughout some ' r w and f will skip dawn to number four, it says, Fire 19 of our discussion. r / t f/ 20 resistant skirting or an equal substitute approved by the 20 MR. ENOELBRECHT: I'd like the darf to 2 t building official shall he rqulred on all manufactured 21 explain to me how this standard Is stronger than what wt 22 homes and shall be installed within 60 days alter 22 have with regard to lighting, how it's stronger than 23 placcmemt of tic manuracturcvl home. So it's actually a 23 what we hove in our standard subdivisions. 24 requinownt or the occulutit, not the park The park must 24 MR REED 1 can't answer that question. 25 uphold the standards, but it's the responsibility of the 46. MR. ENGELDRECHT: Can't answer it Of PLANNING AND ZONING COMMISSION Nt . - JER 10,1999 Page 151 • Page 1$6 f.: i _ Condcexlt' Page 137 Page 159 , 1 MR. REED, These are private atAXISRegular I MR. AISHEL: M11 that mean It's A party line? 2 subdivisinns have public streets throughout And as 2 No. neat may be a real long bol&Ivr. Okay, We may ) Brenda McDonald pointed out, we have our standard for 3 need to re-look at that as a community, 4 lighting along public stints based upon Its 4 MR. MCNEILL: Can I jump In here? S classification, On private stints we don't have such 5 SIR. AISHEL: Please. 6 cri eras, 6 MR. MCNEILL: Because you and I were talking 7 MR. ENGELBRECHT: It's the same width, Isn't 7 about that. The reason they put that in here, it's In 8 it? 8 this handout they gave us So if we went to exclude that, 9 MS. MCIDONA' D. Part of %hat you're seeing on 9 we91 have to violate the ordinance, won't we? Or isn't to the site plan is our attempt to document your ordinance ID that what, In effect, what has to happen? 11 requirements on the face of lime site plan. And one of I i MR. AISHEL It's an SUP. 12 your ordinance requirements Is that adequate lighting will 12 Met IDONALDSON: if you were to exclude it, 13 be provided. 13 they would have to violate our regulations In order to 14 MR. ENOLLBRECHT Yeah, I know. Right, 14 meet the sup. I think Mr. %shcl Is trying to come up 15 Mx, M(DONALD: And so we'rejust repeating IS v its some standards to define some of these terms that 16 that to make clear that we all know that your standards 16 appear to be nebulous in our Code. 17 MR. RISIIELr well, that's my problem. I don't 17 SIR, SUCEK: But, you're r gbt, We couldn't 18 know if the way we word it is clear and I want to make I I eliminate a minimum standard hem. So there's going m 19 sure we're staking it clear, so I don't want to have a 19 have to be some kind of phone wt and we're Just trying 20 misunderstanding that we're having you interpret something 20 to figure out what that phone is. 21 that's ncbttous. 11 was A point on us, On my part to try 21 MR, AISHEL: one of the things we've done most 22 to make sure the City is making it clear to you. 22 recently, and 1 think back about the James Wood property 23 MR. BLV X- Let me clarify. Maybe we call our 2) most recently developed along 2499 and the loop there, and 24 standard lighting provision, It's not really a standard 24 one of the things we had talked about in that was 23 We'v, mask it standard So that's why you can't IS protecting a neighborhood that was actually across the Page 158 Page 160 1 there's nothing as good as that standard anywhere In the 1 son In trying to look at some buffering and aces and 2 maocrials w'e have. Now, the question would be is you've 2 sound and everything else. 1 riwlUe "haves slx•foot required it on public stncb and we've seldom looked at ) fence along there and it dm ad back fran what is a 4 private slnnts, and, you know, you may want to put that 4 nwjar en tryway and thoroughfare for us in our community 5 condition here , 3 So I'm perplexed on how we can worts In trying to incrose 6 MA RISI ILt,, So my next question is under 6 the bufrrmi; and the visual enhancernen' of that are, I 7 numhcr 12, under the some general notes, It talks about a 7 sae some tree on our stuff and 1 know that we'll mat our 8 semi-public telephone far use by community residents shall 8 standard ordinances with restMd to landscaping and all, 9 be Installed rear the clubhouse. What is a semi-public 9 but I'm trying to think In to future on what we nand to I D phone? And' a that just a holdover bcfor. everybody 10 do to make a visual appal dot's going to be plating to I I owned a cell phone? Maybe we need to Nv'ise our City I I both the residents and the rest of our citrms in our 12 standards, And I point that out here, particularly, 12 community. 13 because ON of the things we've seen in some areas that 1) MA vsottaaEclit odes questlona? And I'll 14 are more public in our housing is that we've sa-n the 14 ask this of dim applicant, I had askat about standards 11 taking out of thou public phone because they became 15 with regard so the garage end standards with regard to the 16 points when drug things wire purchased. And so I don't 16 steps and lie parches and all dim additions and milly 17 want you having to put in something that Is an old 17 the out-buildings 1'ou had indicated tat you faux -dim r , is holdover of a requirement that maybe we should be 18 you have those standards of this point in writing? Is r At 19 rethinking as a communily 19 that a sal of atandards you bone? It Is not. l ` s 20 MS. MCDONALDP. we would interpret that to mean 20 Me MCL"At rc Na. 21 that new the clubhouse nr within the clubhouse, there 21 MK LYUELNALclir And My OOV question Ice if 22 would have to be a phone available for the residents to 22 this is to be in upscale facility for, sod you generally 21 use, 2) we dils as a market of $S and plus, why were there no 24 MR R19HF-L: But that's semi-public, huh? 24 aide* as Imctu&d anywhere? Mly do we have a basketball 2S MS MCDON'A1.0 COMM. 47 ourL a volle;ball court, a V-ball pool, s11 which arena PLANNING AND ZONING COMMISSION 1` 3ER 10,1999 Page 157 • Page 160 a t Condenscll"t Page 161 Page 163 " 1 In be items that would be alnctlitia far younger folks? I standards for ieps, parches, and any other addition, the 2 There seems to he some inconsistency In who you tell the 2 standard ror the storage buildings, There's no size, as 1 3 you're marking to versus what f see on the ground. 3 we it on the take. That's not laid out in tends of 4 MS. MCDON .D. We aQroe that they're are going 4 specifics. Se that at It hander now, If that wisjust S to be children. 'there are going to be 40 yt ar olds. My 5 allowed to gruw up, It could do so. 6 husband plays basketball, swims in the pt ol. And to we 6 w. MCDOt1AI o it's about IS fan dap it this 7 are trying 10 provide typical residential housing 7 point. It'I a lake. I community amenities.: think xttlors are golril to use e t MAL ENGELHAPT T: Right. I won't argue what 9 pool, What we were showing on the site plan Is what was 9 11 is now, but that daan'i mean that it would have to 10 required under your ordinance. 10 stay that way given &a sup. it could change, I'm not I I With regard to the private drives, I don't I I saying by you, but ror all I know, you folks A 111 be gone 12 know that we had made a determination not to provide 12 tnnxerow, Tbst's what I'm betting on. I3 sidewalks They wcrim't required We have the 13 16 MCDONALD I Ailolukly Understand. 14 flexibility always to add them. And ate a developer you do 14 Me. ENCELaAPOT I have to plan on 1!1611. t 13 want to preserve flexibility. What we're saying to you Is 15 have anod a question. Yaw Av are,, is that paved, is 16 if that's in important issue la you, we'll commit to that 16 that just grawfled, wha7 17 on the site plan. But, typically, what the site plan does 17 MR aLENDExsNa, rased, hard surface. is Is show compliamv with the ordinance and then you're rinse is MR ENGEtsREM: Hard surface. And the 19 to add more than Is required But developers don't, 19 clubhouse, It there any standards with regard to the 20 typically, put moro than what the ordinance requires on 20 exterior materials, matonry7 What are the standards for 21 the site plan. And so that's why the Internal sidewalks 21 that? 22 wt'ren't shown, because that's not a squired element. We 22 MS MCDONALD It Is not dcsigned You have 23 always hate the optiLn to do that, but hearing that 2) to understand we're in a scenarko where there his nna 24 that's In imporlant issu • rOr the Commission, we'll agnsc 24 been a , anufactumd bosulryl development spproved In Denton 23 to make that a pan of the ordinance 25 and thou "a of arch here ura~ fees become significant. Page 16! Page 164 1 MR. r s'Gt l uerclrf, well, my concern is that, 1 11hai I understand you can's Odle our wad for It dal 2 you know, the stated goal Is to make (his an upscale 2 a,e Intend to dnslop a very bigb quality producl. If 3 facility and I don't knuw that you'll be there I'm not 3 there's a masonry requln:ttnclnt that makes you fat 4 giving an sCp to you This is an 6CP with the land 4 comfortable If you'll let as know what that is, we, tan S MS. MCDONAI.D. YOU guy's should take it lot or S Me if that's scmc4dng dad's acceptable . Out It's not 6 comfort in lbe feel that your ordirvnce requirements arc 6 des!g1Rxd and I don't know whether he's none or brick or 7 verysignificant And tarn just looking it your ordinance 7 thou type, of thing, g requirements, the next manuractural housing dewIcipment 6 MR ENOEIaRECHT: t undensand. okay, All 9 that gets constructed under these standards is going to be 9 r4bt. Commits loners, say other questions? If not we 10 far superior to what you currently have. ID am et de paint of eommenu, discussion, motion. Ms. 11 MR. I NGE'.LUAECHT, Well, wY could go far 11 Iloutdie. 12 superior to what Av have now and still not have much I'm 12 sus, ootarnt I-w remained silent, but 1 13 sorry. Tymt's the general consensus of this community,1 1) would just, berate a notion canes up, I'd like us to Est 14 think, 14 the conditions that everyone's pm fords and se, if that's is NIS. MC'DONAI.D t wlderstand BUI as we bled 15 acceptable to the Ample hem on this Commits Ion before sax 16 to brainstorm during the break about what we could add, 16 put rorth a motion so that maybe we wIH have a general I1 whim you look at what's required for parking and ,ontge 17 Idea, I will hale a general Ida of what I'm thinking or. i ' A 16 and boat and trailer storage and amenities and this: types 16 MR. cwELOA"? Mr. Read, have you ben 19 or things, the ordinance Is very specif a In being sure 19 limping track of thou? 1 don's se, nerd ova"on 20 that [bow things are already hncludvd. 20 maybe W. Donaldson bas them. He's usually de note take 21 MR FNGI LDRECHt; AiO But It doesn't 21 here Ile had lain, he said. We may be able to review 22 the ordnance doesn't address the issue or garages and 22 than between the two of you. 211 this quality, which you say you will but that tsoodi to be 23 MR REED I rally didn't her N there That needs to be there for the Ixnefit of w'hwver 24 Me. ENGELOU474T okay. %'e'0 ask blr. 25 Is there for the land, ret the Ines :Y, The sidewTlks, d.e 4 g 7,w,ldwn. PLANNINO AND ZONING COMMIS910N Is 3ER 10,1999 Page 161 • Page HA i I I t' I y, i i~ II I i i i Condenselt' Page 165 l? age I67 I MR Rrtb. --the conditions, I masonry product or cemenutfovs - she asked tot we orror 2 MR. ENGELDRKHT: Mr. Donaldson, 2 a suWlion, they would litCn coax back to us and say yea lit 3 MR DONALDSON: 1101116 Into the break I had 3 a :My to that. So would 73 percenv and f don't know 4 made a list of six items. 'nccy've covered four of them. 4 what y'all - do you went canmiilious7 ro you want S And really the only things that weft brought up that 1 S masonry? Do you want brkk? w?at lwblage would you like 6 haven't sam Is some son of specifications on the Garages 6 to use on that? And then wV II present that and are If 7 and the porches that Wtre mentioned and an open space 7 that would be acceptable. 8 requirement thy', simply states that the site plan I MR 040FLARP.CHT. t think we might ask staff 9 represents 14 percent open space rather than el6ht percent 9 wbat we base loco come from Council In recent weeks. Hsi 10 minimum, 10 It generally been masonry? I I Curbs, we talked about briclly. Those are I I MR DONAI MOK within residential zone t 12 deslgrated on the site plan. The fencing condition that's 12 distrlcu, recently these has boon - I "s, probably 13 boon offend by the applicant roads, Tm metal posts, 13 the median would be 73 brick requirement on dngle-funlty 14 eight foot on center betwoLn columns constructed around 14 rnldcncn. 13 0e perimcicr and also along the public street through the is MR Kum we're catkins about the common 16 prop inty. I think ve were loading lowuds that In the 16 racilkics, not the individual units. 17 discussion Sid hl 6s, four-root concrete sidewalks along 17 MR Evattott"Tn Th We rtsM We're alkin8 18 public rmis and along one side or the internal drives. 18 about Or clubhouse. 19 MA. ENGELDRECHT: I want to Interrupt here and 19 MR w'ILLIANU i think if we're some to use 20 Just ask you a question If this was a single-family, 20 the standards, lots use the same standards that wt use 21 subdivlsion of S,000 ,;care foot lots, what would be our 21 with neighborhood centers. In other words, let's not put 22 requiremont rot sidewalks? 22 residantEal standards on a clubhouse, please, 23 MR DONALDSON. If they were on public 23 MA DONALD" CUM11y, we have 110 24 strovii, they would be on both sides, 24 standards for neighborbood comm 25 MR. ENGELDRECIiT: well, you Go down the seat 23 MA ENCELDAEL1rt: well, IS4in, I press the Page 166 Page 168 1 whether it's defined as public or private, don't you? I question Is what have We seen come out of 2 MR. REED I might add, though, that, whereas, 2 MR DONAtDsoN. on several Non-residential 3 a puhlic struci is 31 foci wide, they're providing a S arcing requests recently we've had masonry requirements 4 34daot wide street So we're actually requiring a widen 4 for all frontagei that face eol,ector cc arterial stRYts, S slut, too, for them. 7 for example. 6 MR. DONALDSON: within planned 0.velopments 6 hi Nlcr1oNALI> How about if I offer 70 percent 7 you arc alluwvd to utilim private strocts and in doing so 7 brick or stone rat the amenity oenteCf 70 percent. 8 you could deviate from the standard sidewalk requirements, s MIL MC'NEtLL: Let's don't restrict them to 9 1 can't recall one that's actually done it. I do have a 9 brick. 10 Po in my neighborhood when they avoided the sidewalks on 10 MR. WILLIAMS! she said brick or atone, I I both sides and pro% led them only on one I I Ms. MCDONALD. You would Just like to have a 12 MR. ENG tI DRECHTT: those were the older PD's. 12 masonry product? 13 Okay, I'm sorry Go ahead 13 MR. MCN'EILL Right 1 think that's fine. 14 MR DONALDSON. Thos the parking pads at 18 by 14 A'e don't want to Insist it has to be brick, do we? I 13 24 and the condition that all utilities would be IS think the main thing Is we don't want to me metal 16 undergrotmd, That's a summary of what we talked about. 16 buildings out theft for a clubhouse. 17 MR ENCt 8RECHT: Also, they had Indicated that 17 MA. ENGELBAECHT Right. Mr, McNeill, you had Is the AY storaV facility would have it paved, hard surface. is yours and then it went away. Did you have a question or a t' . 19 MR DONAtDSOV: An all-weather surface for 19 comment? I I 20 RWh oat stMagc. 20 MR. MCNE ILL: That was my Comment. 21 MR. ENGELDREC'1tT: And are there others, 21 MR. ENGELORECHT: That WAS It. Okay. All 22 Commissi(wrsl Ms. G urdie, did we miss some? 22 right. I would ask staff, do we reed to make any 23 MA CIGL'ADIE, YOU WCre concerned about the 2) statement with retard to the take? 24 although then hasn't bare any designs, but Ms. McDonald 24 AIR RisHEL It should always bave water, 25 offend if we offend a suggestion u to, say, 75 percent MR ENGELBRECHTr wirh regard to whether it Is PLANNING AND ZONING COMMISSION N 49' DER 10,1999 Page 165 - Pagc 168 r- I t t I ~ I l l t. I i ' i i l e I I` I ~ Condensell' i Page 169 eBe 1 I s I maintained as a lake or whether it I say, they have an Intersation there, At least they're 2 MR. DONAI.DSON It Isn't Clear on the site 2 showing that now such that maybe we should just would 3 plan, the lake Isn't clearly delineated. We could ask 3 you recommend that we make a condition that we have two 4 them to do that on the site plan that's forwarded to City 4 crosswalks to be d lermM At a later date once the 3 Council, 6 stets arc all, for sure cent In aligned, et cetera? 6 MR. ENGELBRECHT: Yeah, It's evidently already 6 MR. W MON. 7, 11, I think it would be safe to l 7 in existence anyway, simply delineate it on the plan 7 say that we would want or need a crosswalk at the I MR. DONALDSON: T?tre Is a heavy line there I intersection of the collector stet Rand Stuart Road, And 9 that shows where the edge of the water is 9 I think that if you wanted to have another crosswalk near 10 MR. ENGELEAIXAT: line gucstion I have or Staff to the clubhouse at one of the internal Intersections, that I I Is, Is there onyih;ng we need to concern ourselves with I 1 might be appropriate. But 1 don't think wp want to get - 12 regard to the malntrnance of that lake to ensure that it 12 I don't think we want to put too many of them in 13 doesn't become some on or a pool? 13 MR. ENGELBRECHT: Okay Well, at then there 14 MR NEED I think David Salmon might address 14 at the road that would lead to the ctubhoux so that is that, 13 there's a way across there. And while you're here, what's to MR. SALMON: From what I understand throe Is 16 the chances that that road will, In fact, get moved north, 17 going to be a detention requ'ucment hem so the Iake will 17 the thoroughfare? That was mcmtoned by the applicant 1 I have to be at some site bard on detention 18 that possibly they were 1ryiq to gM the road moved a 19 MR. LNGE .8RFcI IT.. okay. Where they gut Into 19 little further north closer to the power line easern tit. 20 placing, you're going to have a detention Issue in there 20 If they did that that would have more of the units on the 21 and that's will take care of that? 21 same s!de of that public street AS the clvbboux. it 22 Ma. SALMON: And I suspect that it will bo;ome 22 there any chance that the alignment or that road cmild be 23 ■ publicly maintained detention pond, especially, If it's 23 char _rd any or Is that pretty much set? 24 collecting water from other properties. I don't know that 24 MR. SALMON No, it's not set at all. And es 23 at a fact, but d think It's liktiv, 23 a matter of fact, we would prefer that it be a little bit Page 170 Page 172 I I MR ENOrLOxrcHr but even If It was a private I further to the north, you know, so that Its Intonation 2 detention facility, you would ed standards with rryard to 2 with Laust Street would be further away from Loop 288. 3 the inflow and outnow or the water so that th re and 3 And as far as we're concerned, as long as they snout our 4 all of that. 4 minimum radius requirements and stnuct geometries, you ' S MA SALMON Right. Them Mould bale to be. S know, f don't think we have a particular Issue exactly 6 ken if ire s polate do lemon prod, t ar dralrage folks 6 where it falls on his particular skvelopinctnt 7 will mx lrw all the catcuhtiom and sake slue that the 7 MR. ENGLLBRECHT: okay, It has to Intersect I water coming in and gorq out IS what it's supposed to be 8 Stuart Road about when it Is. 1 1 9 SIR EN0170IRLCHT okay. bas Id, while you're 9 MR SALMON: Right, 11xit's going to be a 10 here, 114d asked one earlia with regard to crosswalks on 10 given I I the public stmct, particularly given that we have such a I I MIL ENGELBRECHT: out I rom that point it could 12 large proportion of the property to the north on tk other 12 curve a little further north and 6 n go thtrouith Ile 13 side of der strai from d clubh xrx. So I hole two 13 property? 14 queVions, One, would you rexonsmcnd that we have then put 14 MR. SALMON: Aet. As I roll as they moot all 13 in sane crosswalks, at kmst delineate dv space and, you 15 of our minimum rediuscs, they could curve it further to 16 know, put out the link tunics or whatever do am and 16 the north. 17 the signs and all that sort of thing, 17 MR. ENGELBRECHT: ,dg right. is MR SALMON. First of dl, this sled will Is MS. MCDONALtrOnly b f u' as the A, r , 19 probAly be one that we would not some coilntor 19 MR ENGELBRKHT: TO the easement You can't 20 sours we w ouid put spaxl humps and things c f that nature 20 to under you're not Boling to So i hrough time eaxmetil. 21 on 'this would not bee one or dxse collatw oats 21 No, I understand that. Right. Right, And I'm assuming 22 whom we would be putting Stroud bumps on As a gcateral 22 that you can do that and not have any bridge problems or 23 mk. we wauM oppose mid-block crosswalks If it can be 23 lopoWsphy Sufis of problems? Okay, All eghl Thank 24 kxaRvl a! an Inlerworon 24 you Yes, Mr. Rishcl. 23 MR ENGELAAECHT That's what I was going to MA RISHEL: it there a minimum kwel that the PLANNING AND ZONING COMMISSION N 5U- FR 10,1999 I'rge 169 • Page 172 G Condcnscit, Page 03 Page 175 I detention pond nails to be maintained at water-wise? 2 went some variety in roof color, And so I think that if 2 MR. SALMON: 7ticir engineers, when they I wV show typical design standards, that allows us to have 3 submit the prcl iminary plat, wilt have to submit 3 some level or uniformity white still having some 4 calculations at that point stating what level the pond is 4 variations, bdxause I don't think you want them all to 3 going to have to be and how dap and how many surface 5 look alike. 6 six. All that's going to have to be 6 MR. ENGELBRECHT: Oh, I'm not suggesting they 7 MR. RISIIEL: With regard to the Utility lines 7 all have to be the same, If you want a range of pitches. S and moving the road, and I know it depends on the six of S that's fine 9 the lines and what the building restriction is for 9 Ma. MCDONALM A range of roof pitches is 10 rciidroas, do -AV rsquire if building non-building area 10 okay, I I for power 1 imm that come through areas where you can't 1 I MR ENGELBAECHT: A range of sires, okay, but 12 put residences? 12 what the materials are and ct oclers, Because, again, We 13 MR SALMON: As a general rule, you can build 11 have ,his ISSUC of the metal buildings. You can go out 14 right up to the edge of an tascmcnt line and so the 14 and buy garages for neat to nothing, that go up in five 15 eascinent will delineate the area that you can and can't 15 minutes. And I don't think that's what anyone has in mind 16 build in. 16 and we want to enure that that goes with the land. t 17 MR. RISHEL, what six power lines arc these 17 MS. MCDONALD And what I'm asking you guys to IS coming through then? 18 let us do Is provide those standards at the Council level. 19 MR. SALMON: I don't know what type of limy 19 MR. ENGELBRECH7: t und+rntand. I understand. 20 they are. I think I mean, they're transmissfon lines, 20 1 just wanted to get some indication of at least what I 21 but I don't know what 21 perceive u what those standards ought to look like In 22 Me. DONALDSON: Probably comparable to what 22 terns of criteria, 23 goes through the DLarwood Subdivision 23 MS. MCDONALD: Right, 24 MR. SALMON: In fact, they may even be ox 24 nit ENGEtuRtcHT: Okay, Ms. G%udic 23 same lines _ 25 %IS.OOtrRDIE: I was just going to ask Mr. Page 174 Page 176 1 MR. RISIILL: Okay, Thank you, I Bueck, has it not happened in the past that the Planning I 2 MR. ENGLI.BRtCItn Mr. Williams. 2 and Zoning Commission has reque.tud that the City Council 3 MR. WILLIAMS Yes, We've kind of talked 3 take info consideration the specs for, kt's say, the 4 around the garages and 1 would like for the architect to 4 garage and the rooftop design and leave it open fa the S make a proposal and we can dig- uss i t from there. 5 Council to decide versus I'm trying to find an open 6 sIS, MCDONAt.D, Actually, what 1 was going to 6 MR. ENGELBAECHT, Right, right, Yeah. And I 7 suggevt, and my client may kill me, is that at the Council 7 think that's what she's requesting Is chat we would pass S level we provide a typical garage design that can be 9 it forward with the requirement that thus be N 9 attached if the Council chooses to approve the sup. And 9 specifications by the time it reaches Council, 'Brat's to typicals arc not uncommon and we can show it with a to what I understand that they're requesting. And we have 11 pitched rooror wharcacr it's going to have. But wt 11 done that in the pass, 12 could, I think provide a typical garage design at the 12 MA. BUCEK And you've gone the other way, I I Council level. 13 too. I mean, It's your recommendation, what you nod to r4 SIR L.NGI:LBAECItT I'm not sure what you're 14 have In it 15 saying but, to me, what bas to he in here are those 13 MR. ENOELBRECHt: Right. Mr. Williams 16 spceifcatidms, wriurn sixtifications. Not a picture, 16 MA. WILLIA.MS: Yes. I guess the problem I'm 17 not s photograph. What the pitch has to be. What the 17 having, the architect said that this would be high quality r r' 16 Six has to be What the construction material has to be. Is garages Nobod A y putting up rtable leaving this to themselves, & Council 19 What the base has to be. What the doors have to be, all 19 1 don'[ feel comto l~~ r ~ 20 of that sort or thing, 20 because I might as well go home and not come here an 21 MS MCDONALD I understand, but having Just 21 Wedrsesday nights and let the Council handle the whole 22 ham through a very high]; ,crutinircd residential 22 thing, And so if you want my volt, you will give me some 23 development, at one point, the staff in another community 23 standards, 24 said v,a wunt ail the roofs to be the sonic cola and we VA 24 MR. ENGELBRECHT: Okay. I think that's made 25 to Id.c Council level and the Council says, well, ga, we 241 pretty clear. Are there any other cornmcroVy FI N4NINO AND ZOMMO COMMISSION N, 51' B13R 10,1999 Page 173 • Page 176 l Condooaclt"" Page 177 Page 179 r 1 Commissioners? Would you like to make we're trying to I maybe others arc there, loo. And that may not be in their 2 work thin out, 2 best interest, but that's what they've told us. So That's 3 MR. 011NDENNINO' In the Case wirog the ) she way it,;ocs. Any other Ms. s7oundie. 4 rLSI& l wanted a garage, it won't be a prefab garage, 4 Ms. OOURDIEr Yes. I know y'all are getting S h won't be a because I know we've all seen the I. come S frustrated and, like you said, this is the first thing 6 up for 5449.00, you can have a ceport that's there 6 since 1985, and so We ore going to be very particular, 7 In this case the garage would conform to dnc Building 7 We're nervous. You guys Want a good thing. We really a Code it would be made or new materials, of wood And @ a wont a good thhrg, You•a11 have specs or some sort, you 9 minimum of 3 and 12 pitch. 10 MR. ENGLLBRECRT: well, like I said, you had 10 Yo said 3112 pitch oIs what you be one commented An two-car gars` n I I indicated that you knew what a qstallt community was. I I said And you wood, And what else did you say, brick rick or r anything 12 MR. OLENDL%NING: Yes, sir, I do. 12 like that or did you just say It wouldn't be a metal? 13 MR. ENOELBRECHT: It seems to roe that then you 13 Wood or masonry Inside. it's not going to be the 14 would have those Criteria in writing. And they may be a 14 prcfonned metal, I guess that's what pro saying Is that IS range but you would still have those criteria that you 13 y'all aren't just taking preformed metal So may we offer 16 could show folks. Right now you couldn't show somebody, 16 this to Mr, Williams AS a to help him clarify what 17 could you, if you wanted to? 17 y'all L v looking for? to MR GLENDESN1NO well, sir. I didn't realire is Ms. MCDONALD. 1 think with regard to av 19 that this was a portion of the special use permit, 19 garages, their minimum six will be sufficient to house 20 MR. ENGU BRECHT t understand, 20 and enclave a single aulomobtit, so a singie•car garage 21 MR GLENDL%NINO, And What I'm saying is w'e'll 21 With the standard single-car garage door. These are III 22 comply and we want to comply. 22 Industry standards and If you it actually costs a whole 23 MR. ENGELBRECIrr Right, I'll make this 23 lot more to vary your opening widths and your garage 24 statement. It would seem that a plan moving this fast 24 door, it costs a dot more to vary from Industry 25 this close to getting ready to go would have those 27 Standards, They're going to have garage doors. They'll Page 178 Page 180 1 specifications A single-family dusVtoper Would have 1 be mntclosed on four sides. They're going to have it 2 those %pecilications. 2 minimum 3/12 roorpiich. That tans 3 MR CUNDENVnG We've got garage plans. I'd ) be not roofed. Thee roots are golog to be com~otion to 4 be happy to attach those with them, but they don't all 4 tile, shingle? S look alike. It's a typical plan. S MR GLEND11"'ING 1 think it needs to match 6 MR ENGLLBRECHT oh, you just don't have them 6 the house. if that owner wants a gtrage and hires us to 7 With you? 7 build it for him, there we want to somewhat try to match e MR GLENDLYN'TNO Right 6 that house. 9 MR. ENGELBRLCHT: okay. All right And 1 9 AIR. ENGELBREOIT: Well, that a 10 think you understand Whcra Mr, Williams is. 11e made it 10 MS. MCDONALD: That can bYOU e yeah of the I I quite clear where he was. I I Standard. 12 MR. Gt.ENULNN,1Na We want to comply. We don't 12 MIL ENGELBRECHT: That's right. And that 13 want something that's 13 should he a written part of the standard so that it gay 14 MR will,IAMS r still don't have any 14 With the land so that later on when you sei1 the park, we 13 standards and I'm talking abort aims. I'm not even 15 can go out there and control the fact that the garage has 16 conetirmd about the shapes. I m Concerned about are you 16 got to match the unit. And now we're Into 11V next Issue 17 going to have something out there that you can put it 17 Is we haven't seen any specifications for the units, I'm is motorcycle in or a car in And, basically, what I'm to assuming you have 11wx but same kind of thing, A. ' 19 talking about, basic ally, material and simc Because 19 M1 MCDONAt0 Those arc really articulated by f f 20 we've talked about two•car driveways; howavef, When we 20 the HL1) Manufactured Housing Guidelines. That Industry hi 21 start talking about garages, we get iffy. It heavily regulated. And what we know is they're not going 22 MR ENGELBRtCHT: well, I would like to say 22 to be mobile homes. They're manufactured housing under 23 that I askal the petitioner earlier if they would like a 2) the HUD requirement for that. Again, I want to try to 24 continuance for tao alecks and they said no, and so, you 14 address With as much specificity u I can the garages 211 know, I thick They're understanding where you are and if because we want your vote. We'd love to see a unanlmau4 PLANNING AND ZONING COMMISSION 7 52' 3ER 10,1999 Page 177 • Page IBO f t, Coadcaselt"I Fstand rote and I'm going to do, as long Page 181 here, l'm as You guys will let me I stated yet? And that's where I -M Page 183 going to try to make every one of you of 3 . hapPY With when we e are 2 "'ha, is that state of the an and is that written out that. . R. MCN'EILL: The longer we stand, the less 2 specifcatio-is? ! happy I'Mm getting, s Ms. MCDONALD Vndmtand that my client has a 6 Ms, MCDONALA I know, 1 hear you, So with S vision for What they want to do. Your job and what you're 7 regard to the garages whet I Would like to my Is that the 6 trying W do Is define that vision. And, 1 garages will be desigMd to be architecturally 7 haven't designed the steps and the architecturally compatible a aagain, We hes the hlo stb at It that u with 9 With the home that they're built for, that they will be enclosrd en now sid With a standard, a minlmum industry I0 tsasher he bofefitseg°f°thmesa'. fIfcanyoutawanea kea u( 1101 standard single-car ares porches, that l ~ rxmrnttLStthat g aye door That tells you how big I1 they be of a minimwn size, that th . at 's going to be. filet they will haveells you roofs MR. ENGELBRECHT: Once again, 13 With $ mini mum of 3112 pitch. And do you want to s f 12 reed the two Weeks, why that would bvaluab blle. Why we In doors? 's 11 W'idow's ni the garage 2 pile Ind like the new things y 13 Ms. MCDONALD: I do. I'm ve c I S window; or th windows. 14 the hilidays and the n timber of meetings aircabout - it s 16 MR WILL IA,MS: I don't really care. ['m use IS going to be January before you know it and we're really 17 concerned about the six. And 1 a 16 hesitant. Again, I would love the o ppo 11 way You've compromised with I us, p I rcaiate doyou Buys, the 17 now and the Council to bring forth i al su prior to p and e know parch 19 Nv. compromise it's painful, but f appreciate 11 deslgrs for foe Council's consideration, And w 1 your pat IN M as NAL 19 they're going to be way more Inquisttlve thin you-all, So 20 21 MR. ENG wcllE HT: WbiI,1 f t 20 if You difOd us to take those to Council and mke that a 21 swn nothing yet. you ain't 21 Part of Your WoMmrndation, we'd love to work on that 22 MS. M~'~pNALa: 1 UrI icrstand. 1 do UndClstand 22 M0. ENOELBRECHT: okay. All right. Mr, rrumnts motio 24 And we know we have I ne week to do with 23 McNeill. Any other questions or, co 23 illustrations and exhibits between now herd to 24 M0. WILLIAMa Who has Written down all those ns and Council. 23 conditions? 1 NIR, EN'GELBRECH7: Arid written detail and Page 182 age 2 that 1 MR. WOELBRECHT! Mt. Donaldson has been I84 2 NIR. [NE1LL: OOOd training for rats session, 2 Writing away over here and we may Ask to the + s NIR. MCNVILR[CFIT: Oka S list 11821M Mr, McNeill, do Y o m e revkw S or co Y Any other questions a you have a comment comments? M0. Mm7:EIlLr I Was going to say he read It 6 MR MRENO, QuLer<•sllnn. 6 7 MR. MO E.I.BRL Yes, Mr, Murtrw, 6 111L EN'OELBREM, Well, We added some. 1 SIR. MORENO: Cn are definitely excluding mew i MR MC'N'E'ILU What's barn added to it since 9 garakwa then is the garage and then the recommendation that they, 1D Nl.v. MCtgN'ALD, Mcfa1 9 if I understand Et correct. the recommendation that they I I cxciuekrh garage's arc definitely 10 Carry the porch And slap specifications very specifically 12 NtA. MURENO: Blank you , I I befINe they lid to Council. I~ 1 2 M A MORV-' RE1ha Was Ihcre a re'.olUtion on 17 MR. DONALDSON: Plus crosswalks and a 14 the standard for the porches and steps ate: all the other 13 dchrxetR of the lake r edge the IS added Items that are sough" !s MR. M[NEaL~ rake ~stl?eplan. ~ 16 Ms. NlCDON',NLD, 1 don't know whether your 16 M0. DONAm0.S0\: Fdge. Mr. 17 prererena is Wood, Wherh your prefcrcnoe Is concrete MR Maid the But 1 tds for Inflow t defined / Ig steps 17 that when he said the aterndar for n1ow and outflow ! 19 AIR. ENOf.LBAECIiT: Well, lc•1 nro loon this II Would def.,se the lake. 1 20 9 around and say you had Ed Wod and I'll o back, 19 MR. REM r r 2I g 20 that would be left to idhe plant not his direction was NIS. NICOOVALD. I know you're going to make my 21 D g process s 22 eat Illew W oaks, "state of the an." MR MCNEILL: Right. 77e lake Is the Issue 27 NIR. ENGf'LBRECHT: Staff Of site set, 1Yhat 1! 22 If resolved 24 the state the are with ands to 23 Ml REED: Everybody else May wridersi, 25 the s(Atl , those Issas? You 24 I)us wanted to point out f are, When thert Chad IhEs Y You know. you must have them or a tm'i they fired or ey re PLANNINO AND ZONING COMM SI SI ON I Dravida! they're two required fernery unit. 53. ggg 10,1994 Pege 181 • Page 184 r, Condenscll" Page 185 Page 187 s I NIP ENGELBRBCI17; 1 UtId rltand. I private streets of our public street standards. 2 MR It CLK: Then we had the 70 percent brkk 2 MR. 04GELBRECHT: And I want to jual throw one 3 an oe clubhouse, brick of stone and the gsraga I;sue that ) out here. 1%& condition was well, I'm not going to 4 welu+t finkhod. 4 say anything, I'm just going to wait until we get a s Mx ENO5La4ECHT, And the hard pavement, the 7 motion. 6 haul surface paven:ermt in the RV atotege erns, 6 MR MCNEILL Let me ask a questlon of Legal ` 7 MR. REED I have It, I's, to down the list 1 7 here. Can we make a motion for approval without 8 have here uurdng wltb the sppl!can Ve xeroxed a reiterating all these conditions again saying as stated by 9 conditions: fencing, sidewalks, poking pod, stoida. 9 ^"Previously stated? Okay. I'm ready to make a 10 1 have for gazages, wMx provr W. archiiecturolly 10 motion. I I compatible, standard door sires, 3/12 root pitch, no metal 11 MR ENGELBRECHT: Yes, sir. 12 siding of railing. Should I say and roofing? I I MR. MCNEtLL: I move to recommend approval of s 1) MR ENOELBRECHT: W01, I Writ: the - and, 13 Z-99.082 with the conditions As listed on the plan 14 agoln, those standards can be further artkulatod a1 the 14 What's the legal term for this? Site III in and as 13 point ley 010 COunc It. The apptkant had dndieamd 1 $ reiterated by the planner That's, my motion. 16 "1 they would like to aukh de roof of de homy which 16 MR wlttlAMS second, 17 makes a gun dal of sense 17 MR. EN'GELBRECHTi Okay. We have a motion and I8 MR REED Okay, I'D lncluda that languoge 11 a second to approve with the conditions outlined on the 19 then concerning the roof Standards for porches and steps 19 site plan and the additional conditions as now in the care 20 to be provitlod OM space, 14 pmcnL avatonese 20 of Mr. Donaldson. I would ask yee, there was a sxOnd 21 facility, all-weather surface for that C7ubhoute, a 21 Mr, Rishcl, do you want to make 22 minhnum or 7o percent masonry product, brick and/or atone. 22 MIL RISHEL; Yeah, I'd just like to make a 23 Crosswalk Iocsw a1 Stuart Rood and at the keatkn of 2) continent in the discussion format. And I'm extremely 24 Stuart Road Ind six future colkctor. 7710se are she ores 24 disappointed in the presentation that we've had when we 23 slut I We Old I miss any? 23 talked about and the original wording was state of the Page 186 Page 188 I MR. EYGLLBRECHT: And another Crosswalk at the I art and an exemplary community. And I as no vision in 2 clubhouse a crosswalk at the rood across the coliecla 2 this process. I sae no original Ideas that have talked ) • ~ uross the public 910001 going to the clubhouse. And 1 3 about the concerns of the citizens that arc going to live 4 guess, Corunissioncm do we want to leave the lighting as 4 in this community. 3 it is such that it'sjust a decision made by the 3 1 think I have a rx'putatIon in this Commission 6 whomscx vor, diiector of Public Utilities, or do we just 6 m being sornenft who's very concerned about affordable 7 simply want to say that the lighting will mutt our 7 housing for our community. 1 want to we housing that a subdivision residwiai single-family residential 6 allows people who want to work In Ouf Community, live in 9 subdivision standards, 9 our community. I haven't seen any effort to address this 10 MR MCNEILL, 1 thought that's what we said 10 as affordable housing. I haven't seen any posturing to I I MR wru IAM3 That's what we said, We just I 1 wy that this is something that's going to be special, 12 forgot about it. 12 that's going to make US 'oUd as citlRms of this 1) MR MCNflI.L: Yeah, Lighting to M .t the 13 corrununity. 1 haven't seen any vision In the process of 14 Subdivision s!andards, 14 the presentation Of some real thought of something that Is MR. DUCEK 7 he subdivision standards or the 13 was going to be it quality development 16 standards y'ali have set? 16 1 think "Cotttmisslon has bait waking hard 17 MR MCNEll L: Subdivision practices in the 17 at trying to get you to give us what you we u your great i r 1S city of Iknion. 18 plan here and we have been pulling like teeth to try to As c' 19 MR REED, so the typical toning condition 19 0 something that was going to be mcaningrul to the ( i 20 concerning lighting as opposed to subdivision? 20 polemist people that might be a part of this. I will not 21 MR. %I1.1JAU1 rot R private atroct. How, can 21 be voting rot this and I probably I don't think there's 1 22 we say that rot a private street? 22 anybody on dill Commission that's blare in lava it 23 MR DGNALDSOV: No, no. A typical or standard 23 affordable housing than 1 am and 1 want to sae It hapocn 24 IiIJRing condition ::sually applies to non-resldcntdal 24 In Our community. But I cannot make It work In my mind 25 development, I think we're talking about requirement on vith what's been presented lonlght. PLANNING AND ZONING COMMISSION X 5g' !ER 10,1999 Page 185 • Page 188 Cond006elt"' Page 189 ~ Pape 191 I MA. EN'GELBRFCHT, Are thick other comments? I of it each ytar7 2 Ms, Crourdic. 2 MA. DONALDSON: The mnual license We then 3 MS. GOURDIE: I'm not one to really like 3 Inspoct according to the Manufactured Home Roquircmenil 4 manufactured housing, but I have to say alnce there hasn't 4 MR. ENGELBAECHT: okay. And another question 5 been anylhIns brought or approved through City Council 5 1 halve, one Item we did not put down was a specification 6 since 1985,1 think Dntoo has changed extensively since 6 with regard to locating the homes In such a manner that 7 1985. 1 think that housing has changed exlerWvely sins 7 they conform or somehow compliment the landscaping and 8 1985, all the introduction of new products and new wood I device In terms of the way they're turned, et octcra, as 9 and the new law saying that manufactured homea that are 9 they'd Indicated was in the vision. fb we have any - 10 attached to the ground arc real estate There's wh irk new 10 MA DONALDSON: our regulations limply I I ways of looking at this. And 1 have to agree, it was I I establish minimum spacing and setbacks and nothing in 12 pretty tough pulling tooth Itch and 1 and+rstand Ost's 12 refenroce to staggering and that sort of an Issue. 13 the art of nyotlation 11 would just be better if y'all 13 MR. INGELBR(',CHT I would like to, in that 14 lust come and say, here, I've given you the top and let us 14 case, I would like to offer a friendly amendment, actually 15 you know, say come down a little bit. Wouldn't that loo 15 two of them One is that we have a standard that our 16 nice, the Mercado web site thing? 16 sidewalks be on both Aides of the stmt. I find it hard 17 1 have to say I appreciate y'all compromising 17 to believe that any stale of the an subdivislon anywhere 18 1 think that's good, And I do recognise that manufactured 19 wouldn't have sdewalks on both sides of the stred 1 19 housing standards arc more extensive than our 19 would like to offer an amendment that the sidewalk 20 single-family residential aundards, which always 20 condition have four-foot concrete sidewalks along both 21 surprised rot when I was researching this when I first 21 aides of the private two, as well as the public 22 started, 22 streets. 23 1 will be voting In favor of the, Just because 23 And the other amendm-ni Is that we add a 24 1 th?yk if you-all could do something really, really 14 condition that requests that staff thoroughly review this 25 wonderful and ju., gu above and beyond and show LX-nton 23 for Those other conditions that make it a slate of the art Page 190 Page 191 I that rrtanufactured housing Isn't a trailer park, maybe we I community between now and the Ome it gm to Council and 2 could change our allpudes. but you have to make that 2 shat Aare arc orferod up by sta1T a site Council, Those 3 step, You have to go above and beyond and change our 3 arc my two amendnxa a 4 minks hocause we are skeptical and I'm the first one to 4 Us. McNEWL: Tit second one I didn't 3 say It 5 undustand. 6 So I'm giving y'all my foclings that I believe 6 xtx tvortaRECSit The second one, bsska0y, 7 cnour,n In what you've done to pursue an Incredible 7 Is an amendment that asks she - and maybe we don't want ' 8 product. And I hope you will so that anybody else that a Io put it a en voldmont, but h would ask the staff to i N 9 cows forward could say look at the Beaver Crock example 9 really research what state of the an & for these kind of 10 They C.1 a good job, I want to do better than rat I'm 10 communion and kook at all of those conditions, look for 11 concxmcd about tensity, as I always min, but 5,000 so mm I I beyond what our Code Is and offs these up at Iasi is 12 react nn up is, again, we've of ►D's In 0.mlon that are at 12 g putenrial a.• TI 5,000 feet, which do not have all the amenities and so 13 MR McTerLL; it cams to me these should be 14 forth and so on nut please, please, please, please do 14 dircctiotnt to the cuff as this goes forward, IS something so incrodible that we can't stop talking about 0 1,11L Esuft"ECtsr, we can do dial. We can do 16 how great you-ill are 16 it citlxr *my. 17 MR. E:NGLLBRECHT, f bare a question for staff. 17 MA ML%tiLt: for second one. 18 N we have a standard for private stnxts? 18 Mo. L%oEtaRECNr vah, okay. IM you accept A' 19 MR. DONALDSON. we halve a standard within the 19 the first one? 20 Manufactured Home Regulations for their Internal strocts. 20 MRMLNEI L shit's fink. Iaccept Ant 21 Are I had it and just lost it. We actually specify the 21 sin w9LLUMS, t !eve a problon with thetwo 22 depth of s.ohah and the depth of sub-grade, the width of 22 sidewalks because we ngalaled that and we had a chance 23 the %I rout, 23 to discuss that at that poh I In time and nobody was 24 MA. hNGLr, BaLcllt. And how do we Is our 14 e«scenwd about two side vatlcf. because f'veban in 13 mechanism to control repair on that street the homsing . ' rich lie home pork, and w: re not talking about Shemun PLANNING AND ZONING COMMISSION T SS• IER 10,1999 Page 189 • Page 192 c. v I I Condceselt, Page 193 Page 195 t I (hive, We're not talking about Stuart Road. We're I private stroee7 2 talking about strocts that, basically, go nowhere but to 2 Not REED chairmoi, it I'm poln tins out is 3 Somebody's house They're not these arc private 3 60 have b by regulations do that unless uwy called out 4 atmcts, And, basically - and that's the reason that I 4 on the Po that they would not V'ovide sidewalk!. S can't accept It because it's kind of a late dale on U, 5 MR tammeRncmr r understand. I understand. I MR. ENGELBRECHT: Let me orrer this rebuttal 6 xis ooclaae: Don't they also have to put a 7 to that and that is that, that all came about as it request 7 lidewnik up that suys private? 8 from v'rtually tic citizens all vrsus the City that they 8 MR ENMLaPECHT: sure 9 didn't understand why we didn't have Adewalks on both 9 Ms. oovaotr so what the difference Is, Is to sides of Ibn street. In a dense community tb.y teem to me 10 that if thee's sigrego saying keep our before you even I I to be more Important than less Important. I'm n01 asking I I enter the manurachoed home park, it's pretty much saying 12 these folks anything anymore. I can't understand how thry 12 this Is a private coetmunl% rtay away, versus public 13 wouldn't perceive that as .fete of the at I'm son of 13 streets where we don't have signs on may single and 14 dealing with Mr, Rishel here. And I guees at this point, 14 so 1 guess diem Is a big ditraence between private and 13 having said %hot I said, you still wouldn't accept that u 13 public In my mind 16 a - okay. 71ien I will make the statement that I'll be 16 MR. mmhRrtnrt. I undRStand. Mr. William!. 17 voting against this particular case. 17 MR wituAMs, Vol. Again. I would like to 16 MA. WILLIA.M& lust a moment. They don't 18 commend site dvwelopers, espoclalty compared so the one we 19 care , If dsey don't cart, I don't ear 19 taw before who said this Is my way or the',nighway, and 10 MR. ENGELBRECHT! Okay. Then It's bocn 20 also staff. In other words, going bock to Padre again, 21 accepted, Okay Ms. QOUrdi, 21 five hours In s discussion talking about making sure that 22 MS. GXRDIE: I was just going to question in 22 mobile hone parks or manufactured communhtier because of 23 a PD which Is what most of our SF•31 are consistent in 23 their high density maintaln quality eslhetlcs for the 24 for single-ramity homes, most or them arc In a PD form; is 24 residents. And the staff Is ahead of the curve with these 26 that Correct? And In that case, I don't really recall 23 coda, and shoe makes our jobs easier and you are to be Page 194 Page 196 h seeing many sidewalks on both sides of PD's with SF-J's, I commended ror your forward thinking. 2 have we? 2 MR. ENOELBRECHT: Any other discussion? In 3 MR DGNALDSUN: Lately, we've been requiring 3 that car, I believe It is time to vote. Vote, please, 4 that. Som or the older PD's that actually have larger 4 Motion carries $-I P S lots wcm created so that they didn't have to mat the 3 (Commissioner Rishel voting In opposition and 6 sidewalk rvquiremcnt 6 Commissioner Apple ha left for the night.) 7 MR REED, In IV Pmsmve you have 5,300 7 MR PNGELBAECHT: And we can do this In form s square foot lots, sidewalks on both sides In the 8 of a vote but 1, !or one, would personally request that 9 subdivision approved for Just the other side of Loop 288 9 the start furtlrt review these issues to help this 10 from here on Swart Road, sidewalks on both sides and they 10 petitioner clarify the visions or state or the art. 11 have smaller lots. 11 MR WILLLAMS: I would highly recommend It 11 MR UNGEL BRECNT Smith tract? 12 being a proponent or affordable housing or moderate Il MR REED No. Ilse Foreman Williamsburg III housing to gal this by the City Council. 14 Square , 14 MS. MCDONALD: Thank you all for your palicra 13 MR ENGELBAECHT, No, but I'm saying the Smith 11 this evcnlrig, 1 would Ike to make ore comment with 16 tract had 5,000 sgtae foot lots with sidewalks on both 16 regad to Mr, Bunk, I've known Mike for massy years and 17 aides of t1u Strom? 117 have born a colleague or his in the public xck r and r ' is MP. REED oh, yes. All of those required is you-all have been blawd to have ids wisdom for the time At ' n 19 sidewalks on both skies. But, of course, they're also 19 that he's been here and I know he'll be missed. And it's r ' \ 20 public strcrts. 20 nice to Joe you going into private prsdla. Where some 2h NIP EN7ELRAECHT wd1,1 fail to understated tl of us - others have gone - that's right. And also 1 21 what the d ffcro Nx is bctwomn a public street and a 11 know Mr, Snider. Ed and 1 have worked together rot many 23 private street. The folks go up and dowel the stmct. 23 veers and I think he's a great addition to the staff, as 24 Now, in a subdivision with cut-de-sacs would we expect any 24 well 25 more trarre on it whether we called it a public or s MA WILLIAMS: Here, here. S6 PLANNING AND ZONING COMMISSION N ' ER 110,1999 Page 193 • Page 196 t, 'f„lPl OLI1ti NiGA, Cww:,AY~~ w1 +M16W aY ' ATTACHMENT 8 i ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROV240 A SPECIFIC USE PERMIT (SUP) FOR THE OPERATION Or A MANUFACTURED HOME PARK (MHP) ON 85.033 ACRES OF LAND LOCATED APPROXIMATELY SIX HUNDRED FEET NORTH OF LOOP 288 ON THE WEST SIDE OF STUART ROAD, WITHIN AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z.-99-082) WHEREAS, Brenda McDonald, on behalf of Mark Cline, has applied for a specific use permit (SUP) for the operation of a manufactured home park (MHP) on 85.033 acres of land located approximately six hundred feet north of Loop 288 on the west side of Stuart Road, within an Agricultural (A) zoning district classification and use designation; and WHEREAS, on November 10, 1999, the Planning and Zoning Commission recommended approval of a specific use permit for a manufactured home park on the subject property; and WHEREAS, the City Council ?nds that the specific use permit wilt be consistent with the 1988 Denton Development Plan and the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; and WHEREAS, in accordance with Article III, Divisioa 4, of Chapter 35 of the Code of , Ordinances of the City of Denton, Texas, the City Council finds that all of the followin3 conditions exist; That the manufactured home park will be compatible with and not injurious to fie use and enjoyment of other property nor significantly diminish or Impair property values within the immediate vicinity; That the establishment of a manufactured home park will not Impede the normal and orderly development and improve ant of surrounding property; That adequate utilities, access roads, drainage, and other necessary supporting facilities will be provided; That the design, location, and arrangement of all driveways and parking spaces ' A provides for the safe and convenient movement of vehicular and pedestrian traffic J without adversely affecting the general public or adjacent developments; That adequate nuisance prevention measures will be taken to prevent or control i' offensive odor, fumes, dust, noise, and vibration; 57. I tl i CxWL ~tti erryi WcC. O.ruaw~~ w1 wa,, Qrwu r i i i f I That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That a specific use permit to allow a manufactured home park on 85.033 acres of land described in the legal description attached hereto and incorporated herein as Exhibit "A" and located approximately six hundred feet north of Loop 288 on the west side of Stuart Road, within an Agricultural (A) zoning district classification and use designation, pursuant to the site plan attached hereto and incorporated herein as Exhibit "B," is hereby approved. The site plan and the conditions set forth on the site plan are made a part of this ordinance. SECTION 2. That the City's official zoning map is amended to show the change in zoning district classification. SECTION 3. That if any section, ~ubsectlon, 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 holdi.,S shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity, SECTION 4. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000,00. Each day that aprovislon of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. 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 ttivice in the Denton Record-Chronicle, & daily newspaper published in the City of Denton, Texas, within ten (10) day; of the date of its passage. PASSED AND APPROVED this the day of r, i f, A, JACK MILLER, MAYOR I 59 Page 2 of 3 1 0 1 i ATTEST: JENNIFER WALTERS, CITY SECRETARY E By. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By:.L ?l /~~r1 sX , i for 1 59. Page 3 of 3 i i I i I i I EXHIBIT A DENTON,TEXAS ~I 85.01E . - COMMENCING at a A inch iron pin set at the southwest comerofs 100.00 acre tract, said pin being the northwest corner of a tract described in a deed to Raynor Oil and Gas. LTD., recorded in Volume 4181, Page 730, real property records, Denton County, Texas, sald pin also being on ft east line of a tract described in a deed to J. B. Holster, et ux, recorded in Volume 316, Page 69, deed records, Denton County, Texas,, THENCE North 00 degrees 06 minutes 00 seconds West s distance of 453.94 feet to the true POINT OF BEGINNING of this parcel. THENCE North 00 degrees 06 minutes 00 seconds Wast, with the west line of said 85.033 acre parcel and the east line of said Halsler Tract, a distance of 2493.03 feet to an iron pin found at the northwest corner of said 85.033 sere parcel, Bald pin being the southwest comer of a tract described in a deed to Affordable Residential Communities, L. P., recorded under County Clerk's file number MR0033959, Real Proporty Records, Denton County, Texas. Thence North 89 degrees 27 minutes 19 seconds East, with the north lina of sold 85.033 acre parcel and the south line of said Affordable Residential Communitias, L. P., tract, a distance of 1478,50 feet to a PK nail set for corner in Stuart Road, said nail being on the west tine of a tract described in a deed to Anne Stark Watson, recorded in volume 350, page 634, deed records, Denton County, Texas. THENCE South 00 degrees 1 t minutes 11? seconds East, with the east line of sold 85.033 acre parcel and the west line of said Watson tract, in Stuart Road a distance of 2402.03 feet to a PK mall sat at the westernmost northwest comer of a tract described in a deed to Denton Independent School District, recorded under County Clerk's file number 97•R0083710. Real Property Records, Denton County, Texas: THENCE South 00 degrees 31 minutes 38 seconds West, with said east line and the west tine of said Denton Independent School District tract, a distance of 109.21 feet to the southeast corner of this parcel. THENCE North 89 degrees 50 minutes 24 seconds West, with the south line of sold 85.033 sae parcel, a distance of 1480.97 feet to the southwest corner of this pared and the POINT OF BEGINNING and containing 3,704,050 square feet equal to 85.033 acres. A. v 60. c, t ' Y~ ~ J ~ .i ~ 1 .f -1 • • T 9 Y K p l I f , f ~ 1 1 t•• 1. 1 T ~rr.r.~..•.. ' ~ ( j w . • ~ ` 'i i r. • r • • • 'a M~ • ` v A • ~ 'A7LTX'Aa•.S. 1 ~ i 1 ~ , ~ ~ f i f T r% ' mL~.c•~sr~r,elsr' ~~11 11 1V 1 fF 1 1 Y 1 1 - Y + r rl` \ • n ,K~• Iw.La M10 MCA- l~`II .p • ° • , • r r / I 11 1 l r. / ! /Y~ / '."~__-•ClRilr / 11 JI ;y, i \ ~ ~r s ,~/t r. 1 •~yO:S'r7la~" hlj,/ I J r Y • • r ~ ~ • QW-MM 9 Ii i fP / 1., a • • • r r a S -~'jl •S~y„1R.tJV z ~e ~ w: ~ ._II. \ w SSFi :mRS~ Y ~ 11 r • • 1 • • • + r u ti • -t' N ! l M' XXX iii/ ~ ~ ~ r \ 11 r~r•.i n.:wwi i rww l•n Il.a~.r ~ / 271 -Y ~ 4-' 1•.. I~il i. i~ r r LP WE Y ~ r - I .r«w p`ra.Mrr• 1 [ 43A.7 ~y.Rrr \ riw i •1 ° : n UPS r. %as _ 2YF1cAG ~dTBd1YCB 34~r~as WIC ONNE tr.w Ila Ya• r• / ••1lalwl iY tll••rl. J i 1•flr •.r •ww rNM Wad LQSr'}hi SiffMAP Ir w.•w u•rr •.M ~~j_~ t a.m. 'Ej lba" DEC 2 FLAl11Jlldfl 8 O~Vli,0l+iri~NT c. c ' EXHIBR B Z_Wou (BEAVER CREEK) SITE PLAN NOTES I. MINIMUM LOT AREA SHALL BE 5000 SOUARE FEET 15, IHLRL 91ALL HL CL WRUCILO AW) MA141ANLI) A PERMANENT SCREEN!NO DEVICE NOT LESS THAT 51 06) 2. ALL STREETS ;HALL HAVE 4 %144, UY VOOr11 OF JI FEET IN HEIGHT ON ALL SIDES Or THE PARK, EF.CEP{ FEET AND SHAH BE PRIVATELY OANED AND IANFRE NATURAL BARKERS [KIST TO FORM ALL OR A!AiNtAIHEp, UNLESS OTHERYASE NOTED, PAR? OF SUCH A SCREEN OR "ERE ROAD'A'AYA EAIST 3. ALL -ACCESS ROADWAYS SHALL BE PAVED: ALL 70 CREATE A TRAFFIC HAZARD. PARKING AREAS WTHA4 LOTS SHALL BE CONCRETE. 16. CARACLS, IF W451RUCTEO, SHALL: A. DEVELOPER SHALL C06APLY WrH CITY OF DCNTO'I a. At MINIMUM P. OVIOE SPACE FOR AT LEAST A LA+SCAPE CODE. SINGLE VEH'.d F. b. PROVIDE AN INDUSTRY-STANOARO SIZED O'.ER+IEAD S, SIRLLf LIGHTING ON PRIVATE STREETS STALL MEET OR OARAGF DOOR. EXCEED PUBLIC STREET LIGHTING REQUIREMENTS. a. BE ENCLOSED 011 All FOUR SIC:S d. NOT HALE METAL SIDING; AND. III, BE ARCHITECTURALLY C0MPAT191.E WITH 41E 6 ALL LOTS SHALL HAVE UTILITY CONNECT1ONS AS HOUSING UNIT. REOUIRED BY THE CITY OF DENiCi MUNICIPAL CODE. ALL UTILITIES SHALL BE LOCATED UNDERGROUND. 17. ALL PORCHES AND STEPS SHALT. BE AFFotO it, A VLI0JANLNI MA`4'tLR ACID '.iIIALL UL tJU'LI IN I REFUSE REMOVAL ! GARBAGE SEROCE SHALL BE ACCORDA'!CE MITH CITY OF DENTON BUtONeG COLE. PRD'.AOED II, ACCORDANCE YAtH THE CITY OF DENTON RFQU IREM E N 1S. B. A NLraMUM U, fUUHRtN (iA VLRCllil Or IMF LHOtiS CCAIMUT tY AREA SHALL BE PR0VOEO FOR PECREATIONAL USES / OPEN SPACE 9 A SEM,PUB12C TELEPHONE, FOR USE BY COMVy;iTY R£S,DEIIIS. SHALL BE INSTALLED NEAR THE , CLUBHCUSE 10. 01'RWIE DRIVE - NO THROUGH TRAFFIC.' SIGNS AND 5141U LIVA 11UN'i 514AIT !Il PU:iIIU IIIRCNCI!UUI THE MARK 11, SDEAALkS FOUR TEFT (A') 'AV, APE REChArtLE1 ALONG ALI• PL9,1, A'ID Pa<,V'ATE SIFEErS 12 OEVELCOEQ SHALL PROv1OE A TRArFIt IMPACT AN AL YS 'S 13 FIRE PRO%CLON 91ALL BE PROvIDED 1!I ACCORDANCE 061114 CITY OF OFNIOll FIRS DEPARTMENT REDO REMENTS. 14. DEVELOPER SHF1L COMPLY YATH R£OVIRED'PARKLAND DL0'CA1,ON REOU'REMENTS 'Af 6Z. PAGE 2 OF 0 G t~ EXHIBIT 8 Z-"-U2 w (BEAVER CREEK) $ITE PLAN CONDITIONS 1. Perimeter fencing shall be constructed with metal posts no more than eight feet (8'-0") on center between masonry columns placed a maximum of fifty feet (50'. 0') on center. 2. Concrete sidewalks four feet (4'-0') in width shall be provided along both sides of all public and private streets. 3. A parking pad constructed of concrete with minimum dimensions of eighteen fcet (18'-0') in width and twenty-four feet (24'-0') in depth shall be provided for each dwelling unit (manufactured home). 4. All utilities shall be located underground. 5. A minimum of fourteen percent (14%) of the gross site area (85.033 acres) shall be reserved for open space as per the site plan. 6. Street lighting on private streets shall meet public street lighting standards. 7. The RV/boat storage area shall be constructed with an all-weather surface pavement. 8. The clubhouse shall be constructed so that no less than 70 percent of the exterior walls are constructed of a masonry product, brick or stone as noted on the site plan. 9. Crosswalk striping shall be provided across the proposed collector street at its intersection with Stuart Road and near the clubhouse as shown on the site plan. 10. Garages, if constructed, shall: a. at a minimum, provide space for at least a single vehicle; b. provide an industry-standard sized overhead garage door; c. have a minimum 3/12 roofpitch; d. be enclosed on all four sides; e. not have metal siding or roofing; and i f. be architecturally compatible with the manufactured home. 11. All porches and steps shall be affixed in a permanent manner and be built in accordance with the City of Denton Building Code, 1 I 63. PAGE 3 OF S V f 1 ~ I l AGENDA INFORMATION SHEET JA ~ y fr AGENDA DATE: December 7, 1999 DEPART51ENT: Planning Department C11/DCMIACM: David Hill, 344-9314~(J j SUBJECT - A-96 (Silver Dome at Cooper Creek) Consider adoption of an ordinance to voluntarily annex approximately 24 acres of land located at the southwest comer of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton. Texas, to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. First reading of ordinance. (A-96, Silver Dome at Cooper Creek) BACKGROIIIY.J2 The applicant has requested the property be annexed. The property is currently undeveloped. The developer's stated purpose of the annexation is to incorporate the property into a proposed single family development. The zoning at the time of annexation will be Agricultural (A), but the developer is requesting a zoning change to One-Family D, elling (SF-7) under separate petition. The dcveiopmeni as proposed will require public improvements. The following is a preliminary list of those improvements which may b% Idggered by the platting process: 1. Right-of-way dedication along Silver Dome and Cooper Creek. 2. Participation in a future traffic signal at Silver Dome and Cooper Creek. 3. Construction of internal streets. 4. Construction of sidewalks along all public streets. 5. Extension of public utilities to service the development. 6. Possible upsizing of existing public utilities. 7• Installation of fire hydrants. 8• Dedication of public utility easements. 9. Possible construction or expansion of library services. 10. Development of new parkland, j The development, if built out as a residential subdivision as proposed, would be subject to the land dedication portion of the Park Dedication Ordinance (Ord. 98.039). Although xa application for platting has not been submitted, if platted prior to %nnexation the proposed development would be exempt from the park development fees of the Park Dedication Ordinance, because it is located in the ETJ. If it were within the City, park development feet ($291 per residential lo') would be collected when building permits were issued. In accordance with the City's annexation policy plan, approved in June 1943, the City v ill A , "assess on a case by case basis the annexation of areas in the ETJ when significant developments ! arc proposed," REC011,MENDATION The Growth Management Plan indicates that this area should be developed as a residential neighborhood center, and, the 1999 Draft Denton Comprehensive Plan anticipates this property to 1. 4 u be within a low•de*sily residential Neighborhood Centers area. Since this property is outside the city limits, annexation is the logical step to ensure development consistent with Denton Comprehensive Plan. It will provide the City of Denton the authority to regulate land use based upon zoning classification. Therefore, staff recommends that the City Council conduct a thorough analysis regarding this request for annexation. PRIOR ACTIONMEEVIEW (o sell. Boards, Commission October 12, 1999: City Council institutes annexation proceedings. November 2,1999; City Council holds first public hearing on the proposed annexation. November 16,1999: City Council holds second public hearing on the proposed annexation. FISCAL INFORAIATION None at this time, OPTIONS I. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS I . Location Map 2. Zoning Map 3. Utility Map 4. Denton Mobility Slap I 5. Annexation Schedule 6. Service Plan 7. Service Analysis - Transportation 8. Service Analysis - Police 9. Service Analysis - Fire 10. Service Analysis - Water/Wastcwater 11. Service Analysis - Electric 11. Service Analysis - Parks & Recrtation 13. Service Analysis - Solid Waste 14. Service Analysis - Library 15. Service Analysis - D.I.S.D. 16. Petition for Annexation j Res ectfully submitted: Doug Po will Director of Planning and Development f \ Prepared by: ; Thomas B, Gray planner I 2. 1 t I ATTACHMENT 1 8 NORTH N-96 (Silver Dome and Cooper Creek) ~ i SITE 'v 09 Hall ~A C~udY~u~• t' ~nlY• III fits 1 1 i LOCATION MAP Agenda Date; November 0, 1999 8cair None 3. c ATTACHMENT 2 'k-96 (Silver Dome and Cooper Creek) NORTH. r 1 4 ETJ B d. D A n• Aar ~M U i71 ~ . I 1 j ' SITEo ` m % SF-1(c) ar \ A ETJ % i A a 1 I CURRENT ZONING MAP Agenda Date: November 16, 1999 Scale: None ` 1. a ATTACHMENT 3 NORTH it 1.96 (Silver Dome at Cooper Creek) j V f) • 'LI C Ho,_,g a o e o Mark El iHtlry d•" e t 4. d S1TE'° n t7 0 e a Da a ° ti i UTILITIES MAP • Hydrants Water Una (W, L.) --Sewer L1ne (S. L.) Agenda Date: November 16, 11099 Scala: None 5. i F I ATTACHMENT 4 { A-96 (Silver Dome at Cooper Creeks NORTH r • ~a o... 4d: M . a e on 1 0 C o Park y .n i t ~f M fig SITE°° C +e~? tr t7 I ' i I DENTON MOBILITY PLAN MAP Freeways Primary Major Arterfats ,Secondary Major Arterlats Collectors A' Agenda Date: November 16, 1999 Scale: None 6, i ATTACHMENT 5 A-96 (Silver Dome at Cooper Creek) ANNEXATION SCHEDULE September 24, 1999 Staff receives annexation petition. October 12, 1999 City Council receives a preliminary assessment, gives direction to staff and considers approval of a schedule for public hear'ags regarding the proposed annexation. o Preliminary Annexation Assessment prepared. a Annexation Schedule prepared. October 23, 1999 Notice published In Denton Record-Chronicle for first public hearing. a Annexation Study prepared and available for public review, o Service Plan prepared and available for public review. October 31, 1999 Notice published In Denton Reoord-Chronicle for second City Council public hearing. November 21, 1999 Notice published In Denton Record-Chronicle for Planning and Zoning Commission public hearing. November 2, 1999 City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing, November 18, 1999 City Council conducts second public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. December 7, 1999 City Council by a four-fifths vote Institutes annexation proceedings. First reading of annexation ordinance. • Aefion must be more then 20 days after the second public hearing but less than 40 days from the first public hearing. December 15, 1999 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation aid the pwDosed zoning. Public notice must be no less Shan 10 days before cubiic hearing, December 19, 1999 Publication of annexation ordinance in Denton Reoord-Chronicle, January 18, 2000 City Council by A four-fifths vote takes final action. Second reading and adoption or trio annexation ordinance. City Council considers t " approval of zoning request. j • Council action must be more than 30 days after publication of ordinance and less than 90 days after council Institutes annexation proceedings, 7 t t t ATTACHMENT 6 ANNEXATION SERVICE PLAN CASE NUMBER! A•96 (Silver Dome at Cooper Creek) AREA: approximately 24 acres LOCATION: Southwest comer of Silver Dome and Cooper Creek In the extraterritorial jurisdiction of the City of Denton, Texas. j I i Municipal services to the site described above shall be fumished by or on behalf of the city of Denton, Texas, at the following levels and In accordance with the following schedule: A. Pollee protection 1. Police service, including patrolling, response to calls, and other routine functions, will be proviced to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection L Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the awiexation using existing personnel and equipment. C. Solid Waste Collection 1. Solid waste collection service will be provided to the properly within sixty (60) days y after the effective date of the arutexation using existing personnel and equipment. D. Water AVastewater Facilities 1. Maintenance of water and wastewater facilities In the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment: 1 E. Roads and Strcets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. j F. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities In the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. However, there are no existing A. parks, playgrounds, swimming pools, and other recreational facilities in the area. .1.9E.1n,k,srlnn Crrfae Wdn.ArK ' A. i 4 1 s . E ANNEXATION SERVICE PLAN (A-96) Silver Dome at Cooper Creek' G. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital Improvements Program (CIP) y. The CiP of the city Is prioritized according to the following guidelines; (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for CIP Improvements In the upcoming CIP plan. This property will be considered according to the established guidelines. r r' A•90.Innriminn Snrkr Pdin.d~e 9. . r ± t ~ i ATTACHMENT 7 SERVICE ANALYSIS , A-96 E What existing roads, bridges and other transportation facilities will be Impacted by this proposed annexation and development In terms of needed Improvements or upgrades? I MEE xirr►ste •ost i 00 rl+ O 2, Are any of these improvements presently scheduled to be done at stite or federal expense? _ ~Uv If yes, please identify faculty and anticipated date improvements will begin. 3. Please Ilst anydrainage improvements that may require local funding, and Include estimated cost (if no specific Improvements can be determined, please make general ments concerning drainage). 4. Will additional oquipme t and facilities be needed as a specific result of this annexation and development? If yes, what type of equipment or facility? 6. Please comment on the cumulative Impact of annexation and development. F At whal population level would additional equipment be required? Is there an acts Lod equipment to population ratlo that can be used for planning purposes? Jp Is there an accepted employee to population ratio that c~n be u a for planil purposes? _ F . 44L n .1~ , "1Zr E,n ¢ eb r Additional Comments: Wi .f.R ,u~t. A 1 ' A toicontact Date Pe If there ere questions pate (A' A•96 Service Analysis 10, G III! ATTACHMENT 8 A•96 Mooed to 89ver Dome sad C7ooper Cheek fS1"a 1. Setimated average response time for this Area based on currant department conditional lloa-priority 14.91 minutes Average 12.7m minutes 3. Approppriste average responss time In the city based on'current department conditionam Priorit von priority mmiinutes average 1,2.21 minutes 1. If annexed and developed an proposed, will additional personnel be needed as a specific result of this proposal? 8q U yes. how many! Who type? 4. Will additional equipment and funding be needed to serve this area? pp If Yes, what typo? S. Will a police substation or other facility be needed to serve this area as a result of annexation and development? no if yam, when should the new facilities be operational? 6. Please comment on the cumulative impact of annexation and development. At what population would another police facility be required? 1U.ooO er aheva Ie there an accepted facility/equipment to population ratio that can be used foryylaaning purposes? Pel ice ■arv(ea neraen.+al n+~~~ f1v new of no aeeantad r + r•iity/aculumant !e ea!+.iatzon rag•~I ° :---.--•-j maeaN,•A•n°° o:aaaVa "rani: [leiliti•■ May _.e vaad aucn a retie in Ia these an accepted officer to population ratio that can be used !or r planning purposem? lcf4lda Ara tons e!liaara ear S,ada nenula!!en + Additional coo®entsr This service analysis to baud upon proleoted acreage/population density, with the , assumption of even distribution of parsons, r r' . i Person to contact ere are ques one veto Typical Service Info Request.doo 11. ' r • I ATTACHMENT 9 SERVICE ANALYSIS w I A46 EM 9. Fire an Emergency Medlcal Services n be provided to the area from station(s) located at d I t o Ea Stie.+v+er 2, Estimated response time. • minutes 3. Appropriate response time in the City, minutes d. Is a new fire station approved In the CIP that could serve this area? _ /Vo If yes, what Is the CIP program year? b. Mil new fire station be requested In upeom'ng CIP proposals to serve this area? . If yes, when should this elation be operational? S. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. -_'yOApi 7. Please comment on the cumulative Impact of annexation and development. At what population level would another library facility be required? N//1 Is there an soeepted cfrculation to population ratio that can be used for planning purposes? N/A Is there an accepted employee to populatlon ratio that can be used for planning purposes? Additional Comments: Person to contact if there are questions ps!; A-96 Service Analysis !2. 1 ~ ATTACHMENT '10 b~~Npy 7ro7i o.r f'o , ~ ~ Ol nw~ . SERVICE AN (70' w w w e WATSR I WASTEWATER A-00 1. What is the nearest City of Denton water iEnc. Size of water line. _ Location of water line. Distance from proposed annexation. 2. What Is the nearest City of Denton sewer line? Qu Size of sewer line. t Location of sewer line. Distance from proposed annexation 3. According to the City of Denton mr ster pion what type of tines and facilities would be required for this area and when are those lines and facilities proposed for construction. Slzq Year L tion water lines ! _ °a( t~ Cerlk,,, (wee Rd Sewer lines 4. Are there any City of Denton lines Included In the proposed annexation? 6, please comment on the cumulative Impact of annexation ar.,.t development. At what population level would additional equipment be required? Is there an accepted equipment to population retlo that can be used for planning purposo? Is there an accepted employee to population ratio that can be used for plannIN purposes? Additional Co menta: Of /;tot Mw p~ Person to contact N ere are quesUc►ns Dote A-98 Service Analysts 23, . IK• tt77 1.00 I 1711 •170 N 1 ~t~r 1 y. 7ta ~ JGMt''Ni i, !00 Y6 Wit 600 Y6 K-Mj N WA►d~ldiaFNLLV1 /w NYDRANI ~AMW►fMfTVIAM AWNMOlA7MYTMIIM AAA) ISWM W warRtnar ooootvOOM A*WAM rvewovr►~ae~t aM?bAVntlMlry 60600466 MAW ' oairoo~ i 9a~, 14. feetercofep or~co erieuot ~I f III I~ ATTACIiMENT 11 SERVIC A~ANALYSIS t t• What Is the distance to "Uon of, and sk* of the nearest L . City of De Mon aeMe line? e ~ !~r ~ J Ca. 2 at tYPe of fin' ' and fs~tIves • _a,t,/ ould be required to serve this area? ew w ,e Ce ~~rc e g v . Are any new Lines or facilitlss proposed for con j ! A strtrction to serve this area? of ff Are there any poientlal res r--~=7d!~ ponalbAlties N this area Is annexed? ,a eej Please mment on the cumulative Impact of annexation and development. At what population Ievel would additional equipment b e t equired? Is there an accepted equipment to purposes? Population ratio that can be used for Planning Is there an accepted employee to purposes? population ratio that can be used for pianning Additional Comments; - r W. 01,1 ri V 7 frr /✓ii ~dn C c~ 1 ~v to sec @""'to aoniad it there ere qJ` ue vo a i r ate 4 ~ 9@ Service Analysts i5, a ATTACHMENT'12 A-00 PARKS AND RECREATION i I 5. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area K annexed and/or developed (federal, state, or local)? None are within the proposed annexation, rho closest ark property is Avondale Park, located on Nottingf,am St Davonshlre strerrts (approx 1.5iles I weal): Current residents within the proposed annexation will be able to use 4 existing City of Denton parks, facilities end programs. I What projects and/or equipment will be needed to adequately serve this area if annexed andior development based on the parks and recreation master plan or similar standards? An additional neJghborhood park will be needed to serve this area, In accordance with service standards below: ServicgfiSndan ; Neighborhood Parks: -2.5 acres per 1,000 population (to be dedicated by developer at time of platting) -5 acres minimum size 3. Now much additional funding will be needed for maintenance If additional park facilities are developed to serve this area? Funding will be required, In accordance with service standards below: service Etandard• Based on $3,454 (developed) cost per developed park acre. 4. Now many additional personnel would be needed to property serve this area if annexed and developed? Requirements dependent on the following standards srvice Standards: ~ 0.6 to 0.7 FTE additional personnel per 1,000 population (depending on type of service) 1 $38,000 paryear cost per additional personnel Additional Comments; Staffing and service costs are dependent upon the number of residential units to be developed In the service area and the corresponding park dedication requirements. Person to contact if theca are questions Date I,- Annex Tract A98,doo 16. - • C'L. . ATTACHMENT 13 r j SERVICE ANALYSIS A-98 SOLID WASTE I 1. Is re ldenllal solid waste service available too the proposed area for annexation? _ I r 2. Is cay Smerciaf solid waste service available to the proposed area for annexation? I 3. What Is the estimated cost to provide this area with solid waste service? Equipment and Maintenance. _R(94 take fi w*- Personnel. , ! &kC(5 MPIA1~~s , 4. What is the typical revenue collected per. Household. I I C(00= O&R YR. Commercial Business Yar4sS e`piNett nN 6usmz91 6. Will additional equipment be needed to serve this area if annexed or developed? Type of Equipment. uo ADAirig4s Cost of Equipment aM /tee s rrnrVS 6. Will additional employees be needed to serve this area if annexed or developed? Type of Employees. N ~ A (306 rs0mh ~ !~6QLg'_%i t Number of Employees. _ 7. Please comment on the cumulativo Impact of annexation and development. At what population level would additional equipment be required? ~,V,4 kno w Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments, ~ i 1.04 Person to contact if there are questions Date A•00 service Analysis (,1 ATTACHMENT 14 I SERVICE ANALYSIS LIBRAR 'A-98 n, I. If annexed, can anticipated service demands be met using existing materials, personnel? facilities, and -No 2. If not, how many additional employees and what type of facilities and materials will be neededtoprovide servloes?.2 full-time Professional llbrarfans would be needed. to provide additional Programs and services. 3. Estimated additional funding needed sMctiy based on proposed annexation and development. 80 684 4. Please Comment on the cumulative Impact of annexetlon and development. At what population level would another library facility be required?, 50.000 Is there an accepted circulation to population ratio that can be used for _ b.4 Per caPlta planning purposes? Is there an accepted employee to population ratio that can be used for *planning purposes? Staf ' one full-time equivalent (FTE) per 2000 population. Profess ona rar ans comer se one r o sst3T1. Additional Comments: .y' Eva D. Poole 1~6 49 Person to contact If there are questions Este r A-96 Service Analysla 1e. e, ATTACHMENT 15 4 SERVICE ANALYSIS A•96 D.I.S.D. I 1. If annexed, can anticipated service demands be'n;et using existing materials, facilities, and personnel? The District has measured capacity at each facility on the basis of "functional capacity." This value represents the number of students that may be served by the permanent structures loca?ed at each campus. The use of portables or other temporary structures Is not included In the functional capacity" calculation. Elementary enrollment is at 108% of district-wide functional capacity. This includes the additional capacity provided through recent additions at the Rsyzor and Wilson campuses. Several other elementaryadditien projects are scheduled throughout the District. Assuming completion of these projects, current elementary enrollment would be at 100'/e of planned functional capacity. Middle and high schools are estimated to be at 1110% and 89% capacity respecti,,ely. A fourth middle school is scheduled to open for the 2002 school year, adding an additional 1,000-student capacity, For planning purposes, the district assumes tLit 0.40 elementary students, 0.17 middle school students, and 0.18 high school s,vdents are generated by each manufactured home. D.I.S.D. assumes that this Site will yield 84 single-family units -3.5 dwelling units per acre with an SF-7 a ming classification. Based on these assumptions, this deve?7•p ncnt will generate 34 elementary, 14 middle school, and 0 high school students. Considering functional capacity and planned middle school eonsiructio% middle and high school students may be served while additional elementary fadlities will be required.' It is Important to consider the rate at which this development will build out, which will directly Impact the rate at which students will be added and accommodated by the district. 2. If not, how many additional employees and what type of facilities and materials will be needed to provide services? The state mandates a maximum student to teacher ratio of 22 to I for elementary classes. Considering this ratio, an additional 2 classrooms and an additional 2 teachers will be required, l Classroom capacity may be provided through any one or a combination of the following: a. temporary classrooms/portables, J.P. a cv b. student population transfers or absorption of students at other campuses, or c. new elementary school construction. 3. Estimated additional funding needed strictly based on proposed annexation and development. The average cost of educating one child in the D.I.S.D. Is $3,781 per year, exclusive of state or federal assistance. This cost includes the district's existing bond indebtedness. 4. Will projected school taxes from this development provide that additlos+al funding? The district is subject to a statutory limit of its ad-valorem tax rate. A combination of residential and non-residential development that yields funds equaling $),781 per year (1999 value) will provide the necessary funding for one student. 5. Please comment on the cumulative impact of annexation and development. Annexation has relatively Limited impact on the DXS.D. The development site is locate3 within the district boundaries, regardless o..°annexation. 6. At what population level would other school facilities be required for the City of Denton? Specifications for new elementary, middle, and high school facilities have been developed to serve student enrollments of 681,1,000, and 2,000 rospeotively. ' 7. Is there an acceptable employee to population ratio that can be used for planning purposes? D•i.S.D. policy tnd ewit regulations have established the following stud?nt to teachtt ratios Chat may be used for planning purposes: Elementary: 22 Studentsffeacher Middle: 28 Students/reacher high: 28 Students/Teschet t r' - Todd Parton October 27, 1999 , c, Person to Contact with Questions 20. i- L i ATTACHMENT 16 PglroNTON A1fHgXA MI /7 rI ry TO !HE PLANNING AND ZONING CONRIEEION AND CITY COYNCIL or THE CITY Or DENTONs TEXAS The undersigned does hereby petition for annexation of 23.886 acres located at Sid rnrnnr of lily r 1Mne g Cooper Creek in the QKtraterritortal Jurisdiction or the City of Denton, laxas. The property is more particularly described in the attached survey description and shown on the attached map. The undersigned a Its lso eertitios that the following required information concerning the land and completioniofnsaid lInformation prior accurate scheduled action anrtheorequest responsibility the City of Denton. I. Is petition being initiated by owner(s) or majority of registered voters in area of request? Yes XX No It no, what is the statue of the applicant? 2. Now many dwelling units are located within the area requested for annexation? 0- 3. Nov many businesses or nonresidentLal land uses are located within the area of the request? 0 Please provide a general description of these land uses including the name(s) of businesses, it know 4. Does area of request include any territory within the city limits or extra- : territorial jurisdiction of another city? Yes No _ XX 5. Estimated population of the area of request. _ A Adults Children Number of registered voters? 6. At the time of this petition, have any other annexation procedures been Initiated (or. all or any part of the area requested in this pstltlon? Yet No _ X)f It yes, please explain tt,e procedures begun and their ste!us. i 7. Does a water supply district lie within the boundaries of the area proposed for annexation? Yes No XX S. What toning, it any, other than agricultural (A), is being requested under i~ separate petition? _ SF-7 A , Now much of territory proposed for annexation is inalu4e4 in toning petlt"n? All 21. 1 t 1 Petitlea tar Aanetatipz, Page Two 9. Vhat is the purpose of annexation? To incorporate into a nrnnesed s1n91e family # development i I i I 10. Planned land use (it tontng to being tequestsd)t Proposed Unit Category Z Total Per Acre And/or Proposed Acres&* Bauare Yootaa8 a. Single family detachsd All SF-7 Toning b. Single family attached (townhoussa, cluster, ate.) c. Attached patio/garden/zero lot line d. Duplex e. Multi-family f. Office g. Neighborhood service h. General Retail I. Comaercial _ J. light industrial k. Heavy industrial proposed use(s) it specific use permit or planned development (PD) being requested. 11. Have petitioner(s) familiarlted themselves with the official annexation policy, lsnd use policies, and the standard municipal service plan of the: City of Dentoo? Yes XX No I New of Owner(s) dE wa~tki Telephone _ pp Signature(s) Date Address(es) -1436 I-35E. South. Ste 120n_ Denton. Texas 75205 It petitioner is not the owner of the property$ Status R pr Petitioner xl Name(s) W nne/Jackson Inc. Telephone t ltd ] Ann-A6An_ Signature(s) Date Address(es) a LB )49 e Yield Notes and Location Map tar area proposed tar annexation erast be F' submitted along vitb completed petition betore process begins. 08621 22. a '~.Ira.ai•~.sM~naaw<voi~. w . wOieM ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 23.89 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED AT THE SOUTHWEST CORNER OF SILVER DOME AND COOPER CREEK IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A-96) WHEREAS, Wynne/Jackson, Inc., on behalf of Dr. Edward F. Wolski, has petitioned for the annexation of 23.89 acres of land described herein; and WHEREAS, on December 15, 1999 the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held in the Council Chambers on November 2, 1999, and November 16, 1999, (both days being on or after the 40 day but before the 20ih day before the date of the institution of the proceedings) to allow all interested persons to state their vi"-s and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on December 7,1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on December 19, 1999, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter, and WHEREAS, the City Council rinds that the annexation will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE, THE COUNCIL OF TH6 CITY OF DENTON HEREBY ORDAINS, SECTION 1. That the tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City o( D -nton, Texas. SECTION 2. That the service plan. r,tacbed as Exhibit "B", and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. SECTION 3. Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton aIi the real property described in Exhibit "A'' regardless of whether any other part of the described property is hereby effectively annexed to 23. u I 'll, DAL vOll•ia14JOLA 0.r0i.e,Ir.~a04r.i i I the City. If any pad of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton'sjurisdiction to annex, the same is hereby excluded from the territory arwexed as fully as if the excluded area were expressly described in this ordinance. SECTION 4. That this ordinance shalt become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of .2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I BY: ,t J Page 2 of 2 21. a i EXHIBIT A rtwrf 1 ~ 'ic a =O*A woe AM MP tea SMM= "A v I u no Am 11 1 LAOOtR gyp)~py~ L OOIGL011 M Its* MY or w flWOtt.+ A A r iql AmO/ N muff let, Awrla 4 RCOtbl. ODIUM CotWrr. t11 & AD WW UM MRACUAar o3Dral1o0 AO fONAMlk rcaRntul AF A x " mm A6 w N roe w to cno a ng ums or opm oew bW AV COWO army RM M VC DOOM ua o► suo 90 AMC ear r111Cr, q~~ 10VM o0 Dlott[t of MONM II 19CON09 t►Ot. rnrt nrt N1001t of o00/~dl O8OC1r 8WA A =WCC OF M61 10 w mm !N Amm M We AORMO 77 CpCrO1 OF A C111AD 600 ACK N A NO M C. L. rMm AM. =:J ArotA 180.1 rf mm 30% ma rx wm ItO0801 or Mt0 CPA". mMa MW M 010Rp1 dt W&W AO III ' I f OW. A10110 00 MR A MCL AM FM 1 jopM" IIt Cr SW p "m 0Wr1 A O MVor Orr ttq.lr PW M AN 1108 JlW MAV M A d y110 JII ApIC 0071 11MCq - I L11f W 1W 40M Aqr[ 1MCf. MO N ihL 3" IM Or l1jM NORM 00 Dtm q 09 LOAM t! tio011o! Wr AW10 AM WO A PVXL A OOppa OF 3'N,30 f1Rr M AM' MOM 111 MW Af P9 MMMUW C08K8 OF ! 10.3!/ AC C J 6ML71t g CVjW Log of SW SOV 0069 RM AO rog MOM W OF MW 30 AC K rltOkt NORM p oIORFi! W wow it Ul"m ON. 11m1 tM MWJ of SW 31l1Ot Ipmw w Kovno AO~OOM" N ALL Y am ~A Or MAW OF 41740 my Rf me pa Amm LAAQL i "Aq 25. i 1 WA dwiw a x =r VOL 407, P0. 21 togs i ~~i zm 839.80 JAME'S V. WAT S 0o'orarv 839.80 cc/ 95- a i ~ I N i 'rt II ~c~ 7 S WQW14*V 849.15 (CALLED) St." AQ ; WIL1 Q V. "IVF1', SR. MO WiLLAt MM RMnr( ! tiCL. 870. P0. 64f, D.R. 26. EXHIBIT B ANNEXATION SERVICE, PLAN CASE NUMBER: A•96 (Silver Dome at Cooper Creek) AREA: approximately 24 acres LOCATION: Southwest corner of Silver Dome and Cooper Creck in for extraterritorial Jurir,diction of the City of Denton, Texas. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection L Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection i 1. Fire protection (within the limits orexisting hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. D. WaterAVastewater Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment: E. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effoctive date of the annexation using existing personnel and equipment. F. Parks and Recreation racllities L Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area. AY6.In ;.vpdrn S,rul; r PGur.r!rr i 2'7. i Ci ANNEXATION SERVICE PLAN (A-96) Silver Dome sit Cooper Creek G. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services %iIl be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. J. Plana Ing and Development Services 1. PIawdng and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital Improvemects Program (CIP) The CIP of the city is prioritized according to the following guidelines: (t) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or hnprovemant. The annexed area will be considered for CEP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. 'IBE ~M~ff016M Sn6'f raaR.QnC ~ e III AOeadaND. 9`05 AM1D&* Hem Date ~a AGENDA INFORMATION S11EET AGENDA DATE: December7, 1999 DEPARTMENT: Planning i Buil ling Inspection CM/DCNVACM: Dave Hill SUBJECT: An ordinance amending Article III of Chapter .'IS of the Code of Ordinances of the City of Denton, Texas, "Electrical Code" by repealing the 1996 National Electrical f Code with certain amendments and providing for the adoption of the 1999 National Electrical Code with certain deletions and amendments; prof iding for a penalty in the amount of 52000.00 for violations thereof. utd providing for an effective date. BACKGROUND: The North Texas Council of Governments Electrical Code Subcommittee has reviewed the 1999 National Electrical Code and has developed regional amendments. These amendments were made by representatives of area cities in a hope to develop a regional code. The Construction Advisory and Appeals Board reviewed the 1999 National Electrical Code with amendments and recommends its adoption. The National Fire Protection Association publishes the National Electrical Code every three years. The 1999 National Electrical Code is the latest edition and varies little from the previous code, OPTIONS: 1. Adopt the 1999 National Electrical Code as amended regionally. 2. Disapprove the adoption of the 1999 National Electrical Code as amended regionally. , RECOMMENDATION: Staff along with the Constructions Advisory and Appeals Board recommends that Arti: le Ill of Chapter 28 of the Code of Ordinances of the City of Denton, Texas be amended to provide for the adoption of the 1999 National Electrical Code as amended. PRIOR ACTIONAEVIEW: On November 18, 1999 the Construction Advisory and Appeals Board unanimously recommended for approval the 1997 National Electrical Code. i C, FISCAL IMPACT None Respectfully submitted: Douglas well Director of Planning & Development Pr red by: 1 Greg itc II Building Official 1 I i C' t V i S Our Documents' Ordinutces\9911ectric Code Adoption doe ORDINANCE NO. AN ORDINANCE AMT.NDING ARTICLE III OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, "ELECTRICAL CODE" BY REPEALING THE 1996 NATIONAL ELECTRICAL CODE WITH CERTAIN AMENDMENTS AND PROVIDING FOR THE ADOPTION OF THE 1999 NATIONAL ELECTRICAL CODE WITH CERTAIN DELETIONS AND AMENDMENTS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FO,i A PENALTY IN THE AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That Section 28.61 of Article ]II of Chapter 28 of the Cede of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: Sec. 28-61. Adoption of electrical code. The 1999 National Electrical Code as published by the National Fire Protecacn Association, 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 electrical code of the city, the same as though that edition of such code were copied at length herein, subject to deletions and amendments enumerated in Section 28-62. SECTION 2. That Section 28.62 of Article III of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows. Sec. 28-62. Deletions and Am,adments The National Electrical Code adopted by Section 28.61 is amended as follows: (1) Section 230.2(x) is amended by adding a sixth Special Condition to read as follows: (6) In supplying electrical service to multifamily dwellings, two or more laterals or overhead service drops shalt be pennitted to a building when both of the following conditions are met: a. The building has six or more ind;vidual gang meters and all meters are grouped at the same location. b. Each lateral or overhead service drop originates from the some point of service. i (2) Section 230-7l(a) is amended by adding an exception to read as follows: r t } t Exception: Multi-occupant Buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six. (3) Section 250-50 is amended by adding a fifth paragraph to read as follows: Where a metal underground water pipe, as described in item (a). is not present, a method of grounding as specified in (b) through (d) below shall be used. (4) Section 250-104(b) is amended to read as follows: (b) Metal Gas Piping. Fach interior portion of a metal gas piping system upstream from the equipment shutoff valve shall be electrically continuous and bonded to the grounding electrode system. The bonding jumper shall be sized in accordance with Table 250-122 using the rating of the circuit that may energize the gas piping. (5) Section 310-15(bx6) is amended to read as follows: (b) Tables (6) 120!240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeden. For dwelling units, conductors, as listed in Table 310.15(b)(6) shall be.,,(text unchanged)... conductors. The grounded conductor shall be permitted to be smaller than the ungrounded conductors, provided the requirements of Sections 115.2, 220.22 and 230-42 are met. This Section shall not be used in conjunction with Section 220-30. I (6) Section 336.5(a)(1) is amended by adding an exception to read as follows: Exception: M additional level shall be permitted in multifamily dwellings where the entire structure Is protected throughout by an approved automatic sprinkler system, j (7) Section 336-5(a) is amended by adding a tenth restriction to read as follows; 1 (10) In non-residential metal frame structures. SECTION 3. That if any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end provisions of this ordinance are severable, SECTION 4. 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 ' A force and effect. j t; i f SECTION S. That any pcrson 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 6. That this ordinance shalt become effective fourteen (14) days from the dale 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. I JACK MILLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:_/ l tom. rf~ A~ i AIWAIMe 99-053 . ~pt~nda lam AGENDA INFORMATION SHEET PRe_ AGENDA DATE: December 7,1999 DEPARTMENTt Eagineeriag do Transportation CM/DCM/ACM: Dave Hill, Assistant City Manager SUBJECT. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON, CALVIN WOOLAVER AND CALVIN WAYNE WOOLAVER RELATING TO THE PURCHASE OF LOT I AND THE EAST 13 AND 1/3 FEET OF LOT 2, STROUD ADDITION FOR FLOOD MITIOATION ASSISTANCE PROJECT GRANT, TEXAS WATER j DEVELOPMENT BOARD CONTRACT NO. 99-001.027; AUTHORIZING THE I EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The Pecan Creek Tributary - 4 master plan has identified the residential structure at 301 West Sycamore Street as a candidate for removal. The owner was contacted In conjunction with the current voluntary acquisition grant sponsored by FEMA and facilitated by the Texan Water Development Board. The owners have agreed to sell at this time. They do experience flooding from time to time and are taking this opportunity to vacate the location. When I contacted Way,ue Woolaver with our interest to purchase the trait, he was in the early stages of a refinance i and was able to provide me with a recent professional appraisal of the property. The contract price represents the appraised value as per the report. RECOMMENDATION: Staff endorses the purchase. PRIOR ACTIONIREVIEW (Council. BoaardL Commiasioasl None FISCAL INFORMATION $87,000 plus closing costs a Attached Respectfully submitted: Are ! lark, hector Prepared by: En nearing Transportation Paul Williamson, Right•cf--Way Agin c SITE 87 I! J ` J L- 3T 0 ASZ -.S' ❑ ❑ ❑ ❑ ~H 5 ~ FLT 1 ❑ ❑ ❑ ❑ ❑ Q ❑ LJ ❑ t Ste' 1 7 14- B P `3 _NNEL o PRO ' 4-7'x ' J = L-j eso 0 z ~ s t uOLlnaluwmtfln10L401a~,4rr~,r,d Yr.[wl. Y.dw.r '1 ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON, CALVIN WOOLAVER AND CALVIN WAYNE WOOLAVER RELATING TO THE PURCHASE OF LOT 1 AND THE EAST 13 AND 113 FEET OF LOT 2, STROUD ADCs T ION FOR FLOOD MITIGATION ASSISTANCE PROJECT GRANT, TEXAS WATER DEVELOPMENT BOARD CONTRACT NO. 99-001-027; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is authorized to execute a Real Estate Contract between the City, Calvin Woolaver and Calvin Wayne Woolaver, in substantially the form of the Real Estate Contract which is attached to and made part of this ordinance for all purposes, for the purchase of Lot I and the East 13 and 1/3 feet of Lot 2, Stroud Addition for Flood Mitigation Assistance Project Grant, Texas Water Development Board Contract No. 99-001-027. SECTION 2. at the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION 3. 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: HERBERT L. PPROUTY, CiTY ATTORNEY A .iv BY: t R REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Calvin Wayne Woolaver and Calvin Woolaver (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 1. 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 consisting of Lot I and the east 13 113 feet of Lot 2, STROLD ADDITION, an addition to the City of Derton recorded in Volume 80, Page 395 of the Dad Records of Denton County, Te cos and h;;ug that same tract conveyed from lacgttelene M. Robeck to Calvin Wayne WooWver and Calvin Woolaver on November 28, 1995 by Warranty Deed recorded with Clerk's File Number 95-80075949 in the Real Property Records of Denton County, Texas ; together with all rights and appurtenances pertaining to the said property, including any right, title and interest of Sella in and to adjacent streets alleys or rights-of-way (all of such real property, rigbts, and aM rtenanaa being hereinafter referred to as the "Property"), together with any improvements, fixtures, artd fawaea41wrarsy~/ 4 stuated on and attached to the Property, for the consideration and upon and sub] ec`TTo the terms, provisions, and conditions hereinafter set forth. 2. However, it is expressly understood that the Seller shall have the right to salvage and i remove any part of the existing residence and/or outbuildings presently situated upon said tract within a time period of ninety days (90) after the date of conveyance (Closing). After ninety days (90) from the date of conveyance (Closing) ownership of any remaining structures, appurtenances and personal property shall vest in the Purchaser, to be removed and dispoaLd of at dw sole discretion of the Purchaser. 3. Possession of the Property by the Purchaser shall occur at 12:01 A.M., March 31, 2000. 4. The Seller hereby acknowledges that the Purchaser has previously informed the Seller that Purchaser has negotiated for the purchase of the tracts with no intent to use its powers of eminent domain to obtain the parcels. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be r , the sum of Eighty Seven Thousand Dollars and No Cents ($87,000). ! 4, ; Page l of 8 4 r t I'I 4 2. Payment of Purchase Prin. The Full amount of the Purchase Price shall be payable in cash st the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfsnion of each of the following conditions any of wi,ich may be waived in whole or in part by purchaser at or prior to the closing. 1. Preliminary Title R . Within twenty (10) days after the date hereof; Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue an owner's policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser "I give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, SeIler shs,l, at Seller's option, promptly undertake to eliminate or modify all unacceptable trotters to the reasonable satisfaction of Purchases, Purchaser understands that Seller is under no obligation to cure any title defects complained of by Purchaser stated in Purchaser's written notice to Seller as provided in this paragraph. In the event Seller is unable to do so within ten (10) days rfter receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shell be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. J 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a cu=t survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to purchaser. The survey shall be salted on the ground, and shall show the location of all improvements, highways, 1 streets, roads, railroads, riven, 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 ad 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 tea (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate ' A. ti or modify the umxceptable portions of the survey to the reasonable j satisfaction of Purchaser. In the evratt Seller is unable to do so within ten 1 i Page 2 of 8 i C (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall th.Teupon be null and void for all Purposes. Pwchaser's Mute to give Sella this written notice shall be e'eemeJ to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, observed, and complied with all of the covenant; agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESRNTATIOm AND WARRANTIES OF SELLER Seller hereby represents and warrants to purchaser, to the best of its current knowledge, as follows, which representations and warranties shall be deemed made by Seller to Purchaser also u of the closing date. 1. There are no parties in pxxosion of any portion of the Property as lessees, tenants at sufferance, or hrospassere. 2. Except for the p:-ior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting dtka to the Property, or ark Tcrt thereof, nor to the best knowledge and belief of Seller is any :ach proceeding or assessment contemplated by any govemm;nW autbority. 3. Seller has +lnplied with all applicable laws, ordinances, regulations, statutes, ,rules and restrictions relating to the Property or any part thereof. 1 4. To the beat of the Seller's laxWedge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental 1 Response Compensation and Liability Act (CERCLA), as amended S. Seiler hereby grants the City of Denton and or its designee formal permission to enter Seller's property Lt order to perform such field I surveying activities to establish boundaries and monuments necessary to consummate the above-mentioned real property purchase transaction. CLOSING i The closing shall be held as the office of First American Tide Company, 1100 J A Dallas Drive, Suite 112, Denton, Texas on or before Dwember 31, 1999 (which date Is herein referred to as the "closing date"). Page 3 of g 6 a CLOUNG REQUIREMENTS 1. Seller's Reauiremenu. At the closing Seller shall: A. Deliver to Purchaser a duly executed and acknowledged General Warranty Deed coaveying good and marketable title in fee simple to all of the Property, fift and clear of any and all liens, encumbrances, conalitions, assessments, and restnctions, except for the following: 1. General rod estate taxes for the year ofclosing and subsequent years not yet due and payable; and 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations hereof; and 3. Any exceptions approved by Pum -seer in writing. B. Deliver to purchaser a Texas owner's Policy of Tide Insurance at Seller's sole expense, Issued by First American Title Compmy, Denton, Texas, (the "Title Company"), in Purchaser's favor in the 1411 amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed in Closing RsW&M nets hereof, such other exceptions as may be approved in writing by purchaser, and the standard printed excepions contained In the usual form of Texas (Ana's Policy of Title Insurance, provided, however. 1. The boundary sod survey exceptions shall be deleted if resound by Purchaser, and if so required, the costs associated with same shall be borne by Seiler, 2. The exception as to reat,ictive covenants shall Le endowed "None of Record", 3. The exception as to lien encumbering the property shall be endorsed "None of Record" other than those ant forth in ?Anhaaer'i Obligations". 4. The exception for taxes shall be limited to the year , of closing and shall be endorsed "not yet due and payable". Page 4 of g 7 G C. Deliver to Purchaser possession of the Property on the day of Possession (12:01 A.M., March 31, 2000). 2. Purchaser's K"uirements. Purchaser shall pay the con.•0deration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds, 3. l 1Wgfo lt. Seller shall pay all taxes assessed I y any tar jurisdiction through the date of the 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 I Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, to the extent Seller has agreed to pay any such real estate commission in writing; and Seller agrees to indemnify and hold Purchaser harmless from any and all claims for any such ^mmissions. 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 as its sole and exclusive remedy may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to Seller, t 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 OBLIOATIONS having been satisfied and Purchaser being in default, Seller as its sole and exclusiv• remedy may enforce specific perfornance of this Agreement, or terminate thin Agreement by written notice delivered to Purchaser. MISCELLANEOUS PROVISIONS 1. Assignment of Agreement, This Agreement may not be &-signed by Purchaser without the express written consent of Seller. 2. Survival of Covenants. _ Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the panics, pertaining to a period of time following the closing of the rr A transactions contemplated hereby shall survive the closing and shall not be r merged therein. Page 3 of $ I 9 I 1 ~ s 3. Nodce. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United Sates 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 parh . 4. Tem Law to Aeo[y, Thu Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder arc performable in Linton County; Texan. S ernes urd. Tr. Agreement aha[l be bindinh upon and inure to the benefit of the p dies and their respective legal rel+resentadves, successors and assigns where permitted by this Agreement. 6. LeaaLCorsetruction. In care any one or more of the provisions contained in this Agreement "I for any reason be held to be hNslid, illegal, or unenforceable in any rasped, said invali", illegality, or tmenfarceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegar, or unenforceable provision had never been contained herein. 7. Ihis Agreement constitutes the sole and only agreement of the parties and supersedes any prior undet standings or written or oral agreements between the parties respecting the .vithin subje t matter. S. Time of Essence. Time is of the essence in this Agreement. 9. Oender• Wads 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, unl, s the context requires otherwise. 10. Compliance- In accordance with the requirements of the Texas Real Estate License Ad, Purchuet Is hereby advised that it should be finnished 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. 11. Time Li itt.In the event a fully executed copy of this Agreement has not been retuesed to Purchase within ten (10) days after Purchaser executes this Agreement P.M delivers same to Seller, Purchaset shall have the right to terminate this Agreement upon written notice to Seller. i A w Page 6 of g i r . I t r. DATED this day of . 1999. PURCHASER THE CITY OF DENTON, TEXAS BY: Michael W. Jez City Manager 215 E. McKinney Denton, Texas 76201 ATTEST: JENNIFER WALTFRS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBE.RT/LUUTY,CIT ORNEY BY: lG SELLER ' SELLER Lam!" ~ ~I ` ' Calvin Wayne Wao aver Calvin Woolaver ACKNOWLEDGMENT THE STATE OF TEXAS ¢ COUNTY OF DENTON ¢ This instrument was acknowledged before-me on / L"''". I 1999 by Calvin Wayne Woolaver, AM; 1~. MAYES otary Pub1 in for the stale or 4%0 • NOTARY PUBLIC SATE OF TFKAg My Commission Expires: 4 C m, lip a'4.1A4Q Page 7 o!8 i I C. I i ACKNOWLEDGMENT THE STATE OF TEXAS 0 COUNTY OF DENTON 6 i Thar bub went wu aclmowiedged before me on ~w w .1u , 1 b . 1999 by Calvin Woolaver. Notary Public, in and for the State of Texas My Commiulon Expires: it:, i r,r P. "1. i I Page 8 of 9 1 ~ t 1 Aptida ND. 2L053 ~Wds Item oats ' c AGENDA INFORMATION SHEET AGENDA DATE; December 7, 1999 DEPARTMENT: Economic Dcvelopment ACAI, Dave Hill, Development Services SUBJECT AN ORDINANCE AUTHORIZING THE THIRD AMENDMENT TO AIRPORT LEASE AGREEMENT FOR FIXED BASE OPERATION (FBO) ACTIVITY BETWEEN THE CITY OF DENTON AND TEXAS AIR CENTER, INC.; AND PROVIDING FOR AN EFFECTIVE DATE, BACKGROUND The proposed amendment will increase the current fuel flowage fee paid to the City of Denton by Texas Air Center, Inc, for the continued use of the City owned fuel farm, The City of Denton constructed a new fuel farm to replace the outdated underground fuel farm pursuant to state and federal environmental regulations. This amendment will increase the current fuel flowage rate and provide Texas Air Center, Inc, the right to continue management and maintenance of the new facility. t ESTIMATED SCHEDULE OF PROJECT If approved, the amendment to the fuel flowage fee will become effective January 1, 2000 and continue through the end of the lease agreement, August 30, 2019. PRIOR ACTIONIREVIEW The Airport Advisory Board and Airport Staff recommends approval of the amendment FISCAL INFORMATION Currently, Texas Air Center pays a three•pcrcent (3%) fuel flowage fee. Beginning January I, 2000 Texas Air Center, Inc. shall pay the City of Denton six-percent (6%) of the wholesale price per gallon of fuel delivered to Texas Air Center, Inc. Commencing September I, 2009 and continuing through August 30, 2019, Texas Air Center, Inc, shall $ pay the City of Denton seven percent (7%) of the wholesale price per gallon of all fuel i delivered to the Lessee. r 1~ ; r i I r G c EXHIBITS Amendment Respectfully submitted; Linda RDirector Economic Developmcnt Department Prepared by: Mark Nelson Airport Manager r fA, 4 l r "Mu MnIM 1410. Dr.rio-Yw.wr..,itw 1..1. ORDINANCE NO. AN ORDINANCE AUT'HORIZINO THE THIRD AMENDMENT TO AIRPORT LEASE AGREEMENT FOR FIXED BASE OPERATION (FBO) ACTIVITY BETWEEN THE CITY OF DENTON AND TEXAS AIR CENTER, INC., AND PROVIDING FOR AN EFFECTIVE DATE. WIIEREAS, certaln real property upon the Denton Municipal Airport was leased to Texas Air Center, Inc., a Texas Corporation, by art Airport Lease Agreement for FBO Activity effective August 30, 1988 and amended on June 7, 1994 and October 6,1998; and WHEREAS, the City of Denton and the lessee desire to amend the lease agreement again In accordance with Section H of Article IV of the Resisted Lease of November 15,1988; and WHEREAS, the Airport Advisory Board for the City of Denton has recommended approval of the Third Amendment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DEN; ON HEREBY ORDAINS: SECTION 1. That the attached Third Amendment to Airport Lease Agreement for FBO Activity between the Cityof Denton and Texas Air Center, Inc. Is approved. USJION . That the City Manager Is authorized to execute the attached leas) amendment on behalf of the City and the City Secretary Is directed to affix this ordinance with the executed lease amendment to the Airport Lease Agreement for FBO Activity effective l August 30, 1988, inscribing on the original agreement the fact It has been amended and the effective date of this third amendment. SECTION 3. That this ordinance shall became effective Immediately upon its passage , and approval PASSED AND APPROVED this the day of 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY .t As BAs APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: .K 3 t 1 r.[ M'lal dr Puw Crrv niu 1u fr.7rf 4.sd.awa THIRD Ab1ENDAJENT TO AIRPORT LEASE AGREEMENT FOR FIXED BASE OPERATING ACTIVITY BETWEEN CITY OF DENTON AND TEXAS AIR CENTER, INC. STATE OF TEXAS COUNTY OF DEN'rON § WHEREAS, the Third Amendment to Airport Lease Agreement For Fixed Base Operating (FBO) Activity ("Amendment") is entered into by and between the City of Denton ("Lessor") and Texas Air Center, Inc, (formerly Air Denton, Inc.) ("Lessee"). WIIEREAS, on or about August 30, 1988, a lease agreement for FBO Activity ("Airport Lease") by and between the Lessor and Lessee became effective; and WHEREAS, Lesr:e and Lessor Restated lease on November 15, 1988 and Lessee and Lessor first amended the Airport Lease on June 7, 1994; adopted a Second Amendment on October 6, 1998 and now desire to amend the Airport Lease again in order to comply with Section 11 of Article V of the Restated Lease regarding operations of the City's fuel farm at the airpc rt; and WIIEREAS, this 11ird Amendment will also provide that tenants at the airport selling fuel are treated in a non-discriminatory, manner, NOW, THEREFORE, in consideration of the mutual promises and agreements contained in this Amendment, including the recitals act forth above, the parties agree as follows: 1, That Article lit, Section C of the Airport Lease ai previously amended relating to "Furl Fees" is hereby amended by repeating such Section C and in lieu thereof adding the terms and conditions set forth in the Letter dated November 17, 1999 to the attention of Jim Huff from Mark Nelson Identified as Exhibit "A", which is attached hereto and made a part hereof for all purposes. 2. This Third Amendment is intended to amend the provisions of the Airport Lease and the First and Second Amendments thereto only to the extent e;,pressly set forth above, All of the terms, ccvenants, provisions, and conditions set forth In the Airport Lease and First Amendment and Second Amendment are ratified and A confirmed except as expressly modified by this Third Amendment, This f,, \ c Agreement shall be binding upon and shall inure to the benefit of the respective successors and aa;igns of Lessor and Lessee. 4 e $ NWMMb dauC+r'MMi~K (w!`I.MNr 4 r IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the day of _'1999. CITY OF DENTON, LESSOR BY: _ MICHkEL W. JEZ CITY 14ANAGER ATTEST, JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Q ~e e~ TEXAS AIR CENT ER, INC., LESSEE BY: JAMES W. HUFF, JR. PRESIDENT THE STATE OF TLXAS § COUNTY OF DENTON § This instrument was acknowledged before me on this the day of 1999 by James W. Huff, Jr. I. ` r Notary Public, State of Texas Commission Expires: 5 t EXHIBIT_I1__r, CITY OFDENTON, TEXAS DENTON MUNICIPAL AIRPORT TERb1INAL BUILDING November 17, 1999 1000AIRPORTRD. DENPON, Tx 76107 Mr. Jiro Huff, President Texas Air Center, Inc, 5007 Airport Road Denton, Texas 76207 Dear Mr. Huff, This letter is a follow up to our phone conversation on November, 9 concerning negotiations on the operation of the above ground fuel system and the adjustment ofyour fuel flowage feet Pursuant to our agreement of May 1998, the lease agreement behveen the City of Denton and Texas Air Center, Inc. will be amended to reflect the negotiated fuel flowage rate and operating responsibilities of the new fueling system. The intent of the following agreements will be made to the appropriate sections of your lease; Texas Air Center wild have the right of ingress and egress and use of the fueling system through August 30, 2019. Texas Air Center will ensure that the fuel level in any tank shall not fall below 2,000 gallons for more than sixty (60) days. If this should occur, the City may take over use of said tank, upon reimbursement for the wholesale cost of fuel then in the tank. The fueling system shall be operated in compliance with all federal, state, and local regulations. Beginning January 1, 2000 Texas Air Center shall pay the City of Denton six percent (6°/.) of the wholesale price per gallon of fuel delivered to Texas Air Center. Commencing Scptenrber 1, 2009 and continuing through August 30, 2019, Texas Air Center shall pay the City of Denton 7% of the wholesale price per gallon of ail fuel delivered to the Lessee, Texas Air Center will ensure that the facility will be maintained In a safe, clean and attractive condition. Texas Air Center shall be responsible for all general maintenance of said fuel farm including, but not limited to replacement of fuel filters and hoses, repair and general I maintenance of piping and electrical service, repair and general maintenance of pumps, J recharge of fire extinguishers, grass cutting, repairs to perimeter fencing, trash collection and removal. rrlep7,oxer: ro~o/ 1~9aue oe 19.7701 Par; (940) J191-7189 WebAddress; fdrp://wovru.darfanalrporr.rour "Deb+rared to Qual~7y &.r+n" 6 u u ' tk The City of Denton shall be responsible for the replacement of fuel pumps and piping when required due to normal wear and tear. Texas Air Center shall be responsible for the replacement of fuel pumps if it is determined that T^sxas Air Center's employees or representatives act -d In negligence. The Cily of Denton shall be responsible for regiatr -.11on fees a ; r Nuired by Federal or State agencies. The City of Denton shall be responsible for the callbiation of meters as required by Federal or State regulations. The City of Denton shall reserve adequate land to provide for the future.expansion of said fueling system to an aggregate capacity of 40,000 gallons, Please review these proposed amendments to ensure that there is no misunderstanding concerning the rights and obligations of Texas Air Center, Inc. and the City of Dento,r. This Information has been submitted to the City Attorney's office for final review. The amendment is scheduled for City Council consideration on Tuesday, December 7, 1999. Should you have any questions, please do not hesitate to contact me at 349-7702. Sincerely, .%V4 Hk G . Mark Nelson Airport Manager PC Mark Huff, Operations Manager, Texas Air Center Linda Ratliff, Director of Economic Development I 7 C r c, Aplndi No,.,..,g9- o5~ Ape ida Item Des _ AGENDA INFORMATION SHEET ' AGENDA DATE: December 7,1999 DI:PAR7MENT: Economic Development ACM: Dave Vill, Development Services &DJE•CT CONSIDER AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING RATES FOR RENTAL OF AIRCRAFT HANOAR AND TIE-DOWN SPACE OWNED BY THE CITY UPON THE DENTON MUNICIPAL AIRPORT, AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR THE RENTAL OF SUCH PROPERTY AND DECLARING AN EFFECTIVE DATE. BACKGROUND The current hangar fees and tic-down fees at the Denton Municipal Airport were established by Ordinance No. 86-206 in October 1986. The rates established in the 1986 ordinance are now below market for similar accommodations at airports In the North Central Texas Region. A 515.00 per month increase on both enclosed and open T-hangars will bring hangar fees more in- line with The current market rate, The lowest rate charged by the private sector at the Denton Airport is $155.00 for an enclosed, paved access T-hangar. Additionally, Ordinance No. 86206 does not address fees for overflow parking in the infield areas, 'To accommodate tenants and transients while maintaining non-discriminatory rates, a $15.00 Nr month fee for unimproved infield aircran parking is appropriate, i To encourage a more user friendly environment and welcome visiting pilots, the Airport Advisory Board and Airport staff agree that the 53.00 per night tie-down fee be walved for aircraft tied-down for less than three days. The administration of the current policy is inefficient and in many cases (during weekends) the honor system must be utilized for fee collection. I OPTIONS 1. Approve hangar fee adjustment only, 11, Approve hangar fee and grass tie-down fee adjustment only, 111. Approve amended ordinance as proposed. i 1 i I RECQMMENI?9= The Airport Advisory Board and staff recommend Option 111. The revised hangar fees and tie• down fees will maintain non-discriminatory pricing as required by the Federal Aviation Administration and adjust rates to the current market. The goodwill generated by waiving overnight tie-down fees for the first three nights will greatly outweiq,t the loss of potential revenue from these fees. ESTIMATED SCHEC',ULE OF PROJECT If appn,ved, the ordir once will become effective January 1, 2000. PRIOR ACTION/REVIEW The Airport Advisory Board recommends approval of the amendment FISCAL INFORMATION The increased hangar fee will result in a $1,080.00 increase in annual revenue for a total of $3,160.00 from the six hangars managed by the Airport. It is estimated $350.00 would be lost through waived tie-down fees for transient aircraft. EXHIBITS Ordinance Ordinance No. 86.206 Exhibit 1 Respectfully submitted; Linda Ralliff, Director tYl Economic Development Dep rtment Prepared by, Mark 'Nelson Airport Manager 7 1 r r. r vd WLwrr. WLo. I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING RATES FOR THE RENTAL OF AlkCRAFT HANGAR AND TIE-DOWN SPACE OWNED BY THE CITY UPON TIM DENTON MUNICIPAL AIRPORT, AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR THE RENTAL OF SUCH PROPERTY AND DECLARING AN EFFECTIVE DATE. THE COUNCIL Oln THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the charges for tha rental of the city's aircraft hangars and tie-down spaces upon the Denton Municipal Airport shall be as follows: A. Overnight Tie-down After Three (3) Days: I. Single engine aircraft S 3.00 per day 2. Twin engine aircraft $ 3.00 per day B. Monthly Tie-down (North Ramp): 1. Single engine aircraft $40.00 2. Twin engine aircraft $50.00 C. Monthly Tie-down !South Rte: 1. Single engine aircraft $30.00 ' 2. Twin engine aircraft $40.004 D. Unimproved Tie-down flnfieldi: $15.00 E. Ooen T-Hangars (Monthly): 563.00 F. Enclosed T-Hangars (Monthly): 595.00 'Where the wing span of a twin engine aircraft exceeds 40 feet, an additional charge of S 1.50 per fool shall be made for each foot in excess of 40 feet. SECTION 2, That the City Manager or his designee is hereby authorized to enter into contracts for the rental of the City's aircraft hangars and lie-down spaces at the rates set forth r' herein. fl,` SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. 3 4 u '.C"LOL LWA-I L&aY...r OYw. wIWw+M.I. ri..w. 1999PASSED AND APPROVED this the day of , . II JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: 1 4 r C NO. RG Dlo AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING RATES FOR THE RFNTAL OF AIRCRAFT HANGAR AND TIE-DOWN SPACE OWNED BY THE CITY UPON THE DENTON MUNICIPAL AIRPORT, AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR THE RENTAL OF SUCH PROPERTY AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HFREBY ORDAINSs SECTION I. That the charges for the rental of the City's aircraft hangars and tie-down spaces upon the Denton Municipal Airport shall be as follows: A. Overnight Tie-downs 1. Single engine aircraft 5.00 2. Twin engine aircraft 5.00A B. Monthly Tie-down (North Ramp}= 1. Single engine aircraft 40.00 2. Twin engine aircraft ISO.00a . C. Monthly Tie-down (South Ramps I. Single engine aircraft 30.00 2, Twin engine aircraft 40.006 D. Open 4-Hangar3 (Monthly): $50.00 E. Enclosed T-Hangars (Monthly),., $70.00 "Where the wing span of a twin engine aircraft exceeds 40 feet, an additional charge of $I.SO per foot shall be made for each foot in excess of 40 feet. SECTION 11. A , That the City Manager or his designee Is hereby authorized to enter Into contracts for the rental of the City's aircraft hangars and tie-down spaces at the rates set forth herein. 5 . a ' I SECTION Ili. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 'k day of 1986. RAY i AYOR CITY 0 DENTO , TEXAS } ATTEST: OT N, GITT-SECRErM CITY OF DENTON, TEXAS a APPROVED AS TO LEGAL FORMI DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY1 i 6 c• ci I EXHIAIT-I T-HANGAR REVENUE PROPOSAL T-HANGAR CURRENT CURRENT PROPOSED REVENUE REVENUE WITH INCR4ASED RENTALS FEE REVENUE INCREASE WITH INCREASE OUTINCREASE REVENUE ENCLOSED HANGAR 70.00 840.00 15.00 1,020.0 640.00 180.00 ENCLOSED HANGAR 70.00 840,00 16.00 1,020.00 840.00 160.0 OPEN T-HANGAR 50.00 600.00 15.00 780.00 600.00 180.00 OPEN T-HANGAR 50.00 600,00 15.00 780.00 600.00 180,00 OPEN T-HANGAR 50.0 800.00 15.00 780.00 600.00 160.00 OPEN T•HANGAR 50.00 600.00 15.00 780.0 600.00 180.00 TOTALS 5,160.00 r 4,080.00 1,080,00 I i i ~ I I ~ I I G taWdo No. - Oak '7 e AGENDA INFORMATION SHEET AGENDA DATE: December 7,1999 DEPARTMENT: Management and Budget ACM: Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services SUBJECT: A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT A PROJECT APPROVED IN THE 1999.2000 CAPITAL IMPROVEMENT BUDGET MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED; AND PROVIDING AND EFFECTIVE DATE. BACKGROUND: A bond sale is planned in the spring of 2000 to provide funding for various General Fund capital improvement projects. The 1999.2000 budget approved by City Council includes the issuance of Certificates of Obligation to rewrite and/or revise the zoning code and subdivision regulations once the comprehensive plan is adopted. The attached reimbursement rmilution will allow Fregonese Calthorpe Associates to begin rewriting the City's code immediately rather than writing until spring when the bonds will be sold. f FISCAL INFORMATION: This resolution will allow $330,000 from General Fund unreserved fund balance to be expended and subsequently reimbursed with certificate of obligations. Respectfully submitted: Jo ortune Director of Management and Budget I r(A f r tc, RESOLUTION NO. A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT A PROJECT APPROVED IN THE 1999.2000 CAPITAL IMPROVEMENT BUDGET MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer) is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures for payment of contractual obligations for professional services in connection with the rewrite and revision of the City's Zoning Code and Subdivision regulations which were previously approved in the 1999.2000 CEP Budget and is described in Attachment "A' ; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section LESO.2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION , That the Issuer reasonably expects to incur debt, as one or more series of obligations, with ate aggregate maximum principal amount equal to $330,000 for the purpose of paying the costs of the Project, as set forth in the attached Attachment "A". SECTION 2: That all costs to be reimbursed purruant hereto will be for professional services as authorized by Section 271.045(a)(3) of the Texas Local Government Coda No tax- exempt obligations will be issued by the Issuer in furtherance of this resolution after a date which 1 is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service, That all amounts expended from the Unreserved Fund Balance for the Project set forth in Attachment "A" to pay any costs of the Project shall be reimburse' _"xn Certificate of Obligation bond proceeds within the 1999.2000 fiscal year. SECTION 3: That the foregoing notwithstanding, no tax-exempt obligation will be issued pursuant 10 this resolution more than three years after the date any expenditure which is to be reimbursed is paid. r r SECTION 4: That this resolution shall become effective immediately upon its passage j A" and approval. ` r C PASSED AND APPROVED this the day o!_ .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY U BY: I i r, ~*d Va AfWWWOMWIW raw IUm6.rrnw d 4 u c. 4 AWACHMENT A f CJP PROJECT: 1999.2000 Development CO& and Rmhe of Development Code W.000 i r i I I At 40 r t t Aould+No, 9'~S3 Awda Item Date AGENDA INFORMATION SHEET AGENDA DATE: December 7, 1999 DEPARTMENT: Legal Department CM/DCM/ACM: Herbert L. Prouty, City Attorney SUBJECT -A resolution authorizing the intervention in proceedings relating to TXU Lone Star P'ipeline's request to increase the City gate rate; authorizing the employment of special counsel and rate consultants as needed; and providing an effective date. BACKGROUND - This resolution would authorize you to intervene with the City of Garland in the gate rate case - Docket No. 8976 pending before the Railroad Commission. Garland has invited us to intervene in the rate case for the reasons which are set forth in more detail in the City Attorney's status report. This is a significant rate case. Lone Star is asking for a 16% increase in their rates. We recommend that you intervene. Garland is utilizing the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend. You also have the option of intervening with the coalition of cities that is being represented by Jim Boyle, who is using Diversified Utility Consultants, Inc, as rate consultants. Your options are as follows: 1. Intervene in the rate case as per the resolution with the Garland coalition of cities. 2. Intervene in the rate case with the Boyle coalition ofcitics. 3. Decline to intervene in the gate rate case at this time. PRIOR ACTION/REVIEW - There has been no prior action of the City Council on this item. Imitations to intervene have been recently received. FISCAL INFORMATION - It is not anticipated that there will be any significant fnancial impact associated with this rate case. It is anticipated - under Tex. Util, Code §103.021- that Lone Star will be required to reimburse all rate case expenses of all participants. If some of the rate case expenses are not reimbursed, the coalition of cities will share in the expenses on a pro rata basis. RECOMMENDATION - Staff recommends that you pass the resolution authorizing the intervention in [his gate rate case. n~ ~ r Reap dull su 'fled lieCl~CrfL.~u City Atiomey t 1 Au Urunynu Mitidt~~vw pu ~,mL Mlunwiw h,l 0.+e ,i t: F:4HAREDIDEMLOL10ulDucwrcnhlRc,?,6au\9917XUtarnstoaa r ti,n.da e RESOLUTION NO. A RESOLUTION AUTHORIZING THE INTERVENTION IN PROCEEDINGS RELATING TO TXU LONE STAR PIPELINE'S REQUEST TO INCREASE THE CITY GATE RATE; AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL AND RATE CONSULTANTS AS NEEDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 29, 1999, TXU Lone Star Pipeline (formerly known as Lone Star Pipeline Company) a division of TXU Gas Company filed its Statement of Intent to increase the city gate rate for the City of Denton ("City') that was established by the Texas Railroad Commission in GUD No. 8664 in 9197, which has been docketed as GUD No. 8976; and WHEREAS, ..a Texas Railroad Commission has suspen;ted the effective date of the gate rate increase for 150 days from and after December 20,1999; an I WHEREAS, the filing by TXU Lone Star Pipeline requests an increase in revenue of $20.3 million from city gate rates; and WHEREAS, the filing by TXU Lone Star Pipeline proposes to increase its rates by approximately 15 cents per Mcf, thereby increasing the average residential bill by approximately 75 cents per month, as well as factors assigning cost responsibility to the city gate customers; and WHEREAS, the City of Garland, Texas, has filed a Motion to Intervene In Docket No. 8976, has requested the participation of other cities served by TXU Lone Star Pipeline, has retained attorneys and consultants for its participation in GUD No. 8976, and has offered to the City an opportunity to participate in GUD No. 8976 on the same basis as was offered in GUD No. 8664, that is, if the rate case expenses are ordered by the Railroad Commission to be reimbursed in their entirely by TXU Lone Star Pipeline, then such participation by the City shall be at no expense to the City; and WHEREAS, it is in the City's interest to participate in Gas Utilities Docket No. 8976 at the Texas Railroad Commission as proposed by the City of Garland; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON H.5REBY RESOLVES: SECTIQj That the City Attorney is hereby authorized to Intervene In Docket No. 8976 and related proceedings pending before the Railroad Commission of Texas. SECTION 2. That the City Attorney is hereby authorized to notify the City of Garland d at the City desires to participate with the City of Garland in Gas Utilities Docket No. 8976 at the Texas Railroad Commission, and that the attorneys and consultants for the City of Garland j A;- shall also be authorized to represent the City in this matter. =:[1D! _ In the event that any rate case expenses incurred by the City of Garland on b:hdif of participating cities are not ordered by the Railroad Commission to be reimbursed by Cl 0 TXU Lone Star Pipeline, then all cities participating with the City of Garland will participate in theRe expenses on a pro rata basis. SECTION 4. That this resolution shall become effective immediately upon its passage and approval. 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: F i 1 i c1 t cl ' r Apeedt No._ " AQM1d1 fbfl} } Daft / AGENDA INFORMATION SHEET AGENDA DATE: December 7, 1999 DEPARTMENT: Legal Department CM/DCM/ACM: Herbert L, Prouty, City Attorney SLIBIECT - An ordinance authorizing the City Manager to enter into a First Amendment to the Professional Services Agreement with Diversified Utility Consultants, Inc. to perform an audit and a franchise review of TXU Electric and Gas; authorizing the expeirditure of funds therefor; and providins an effective date. BACKGROUND - This item would extend the current contract with Diversified Utility Consultants, Inc. ("Diversified') to audit' XU Electric and Gas ("TXU) by 30 days to increase tl a term of the contract from 120 days to 150 days. This is necessary due to the fact that TXU's responses to Diversified's requests have taken longer than anticipated, More details of this matter are included in the City Attorney's status report. PRIOR ACTION/REVIEW - The City Council recently approved the hiring of Diversified 1" audit ur TXU by Ordinance No, 99.279 passed on August 24, 1999. FISCAL INFORMATION - This is merely an extension of Divers;fied's contract for as additional 30 days. It is not anticipated that any additional costs will be Involved. The toral amount of professional service fees to be paid Diversified under the contract remains $13,500. ' Respectfully submitted, i Herbert L. Prouty City Attorney / 1 fN drumvnb MIbdl,nnvwfi.eeAd i~ M1~i~ NM11s ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC. TO PERFORM AN AUDIT AND A FRANCHISE REVIEW OF TXU ELECTRIC AND OAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 99.279, passed by the City Council on August 24, 1999, the City Council authorized the City Manager to enter into a Professional Services Agreement with Diversified Utii..f Consultants, Inc, to perform an audit and a franchise review of TXU Electric and Gas VTX1,f and WHEREAS, due to TXU's failure to respond to requests for Information completely and in a timely fashion, it Is necessary to extend this Professional Services Agreement for an additional 30 days in order for Diversified Utility Consultants, Inc. to complete the audit of these franchise fee payments; and I WHEREAS, the City Council deems it in the public interest to enter into this First Amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager Is hereby authorized to enter Into it First j Amendment to that Professional Services Agreement with Diversified Utility Consultants, Inc., 1 substantially in the form of the First Amendment attached and made a part of this ordinance for all purposes to extend the term of the audit and franchise review of TXU Electric and Gas for an additional 30 days. SECTION 2. That the City Manager is hereby authorized to make the expenditures and take the actions set forth in the attached Agreement. I SECTION 3. That this ordinance shalt become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,1999, JACK MILLER, MAYOR 1 i CL 1 1 I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ d 9amiwMrriu!MdIAefIM by w.~ ki I I j r t t I f FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL SERVICES REGARDING TXU ELECTRIC AND GAS CURRENT YEAR AND PREVIOUS YEAR FRANCHISE FEE CALCULATIONS STATE OF TEXAS § COUNTY OF DENTON § This First Amendment to that certain Agreement made and entered into as of the 20 day orAugust, 1999, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Donlon, Denton County, Texas 76201, hereinafter called "OWNER" and Diversified Utility Consultants, Inc., with its corporate office at 12113 Roxie Drive, Suite 110, Austin, Texas 78729, hereinafter called "CONSULTANT," acting herein, by and 6'trough their duly authorized representatives, hereinafter referred to as "Base Agreement". WHEREAS, OWNER entered into the Base Agreement with CONSULTANT to perform audits of TXU Electric and Gas' ("TXU") current you and previous year franchise fee calculations; and WHEREAS, due to the failure of TXU to answer requests for information in a timely and complete manner, there is a need to extend the contract term for an additional 30 days; NOW, THEIEFORE, I WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1. That Article 4 "Period of Service" of the Base Agreement Is hereby amended to extend the Base Agreement for an additional 30 days so that the same shall read as I follows: ARTICLE 4 PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement b the OWNER and the CONSULTANT and upon Issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER, provided however, the Project shall be completed within 150 days of the date of the notice to proceed, unless an extension of time is granted by the OWNER. This Agreement may A be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement, The CONSULTANT shall make all reasonable efforts to complete the services set .r forth herein as expeditiously as possible and to meet the schedule established by the OWNS' in Exhibit "A", acting through its City Manager or his designee, t. a SECTION 2, That save and except as amended hereby all the original sectlona, subsections, paragraphs, sentences, and clauses of the Base Agreement shall remain In full force and effect, IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Mrinager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the day of 19 CITY OF DENTON, TEXAS MICHAEL W, JE2; CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: DIVERSIFIED UTILITY CONSULTANTS, INC. JACK POUS, PRINCIPA L WITNESS: 1.4 BY: 1 W~ Aurn.r[mwn MJr~tiAd m Ati ~+r.l it i t u c. , 11/2411999 10:43 0122672243 DWI PA/I£ 02 DUCE n U'!'I a Y CONSUVrANTA. INO. xaxa t+o~a oats aorta uo ~txirs~. sa..... . v,~aw~~ a~ www we wwrnr November 24, 1999 Herbert L Prouty City Attorney City of Dentom Texas 215 East McKinney Denton, Texas 76201 Dear Mr. Prouty: As we discussed on the telephone yesterday, DUCI will send our final report to you by December 3. 1999. It is my understanding that this will be on the Caty Council Briefing Session Agenda on December 19, 1999. If you would like, we will be at the Briefing Sesslo t to give a short presentation and answer any questions from the Council. Per your request, I reviewed our contract with the City. It expires December 18, 1999. This would cover the Council Briefing Session but not the RtW vote that should occur the first of January. The contract may need to be extended 30 days to take into account the final resolution of this Issue. r If you have any questions, please do not hesitate to contact me. Sinn rely, Sara E. Coleman _ L'.A f el _ n A 1 V ~ • 1 JlpW No - 0 INm _ v AGENDA INFORMATION SHEET I AGENDA DATE; December 7, 1999 j I DEPARTMENT: City Attorney's Office CM/DCM/ACM: Hubert L. Prouty i I SUBJECT i An ordinance authorizing the City Attorney to institute litigation against WBB&B Holdings, LTD., and other potential defendants, to abate a nuisance, enforce statutes, regulations and ordinances relating to floodplain management, and for extraordinary relief; ratifying prior actions; and declaring an effective lute. BACKGROUND This involves a development near Montecito which was annexed into the city on November 16, 1999. Prior to coming into the city the developer, without authorization, increased the height of an earthen dam which t wised the level of the l04 year food plain. PRIOR ACTION/IZEVIE This development was annexed Into the city at the City Council's November 16, 1999 meeting. I FISCAL. INFORMATION l The initial plans are for this lawsuit be handled in house by the City Attomey's Office thereby having minimal fiscal impact. RECOMMENDATION Staff recommends adoption of the ordinance. Respectfully submitted: r d (lr\ Herbert L. Prouty, City omey MM WOW An14dO1C. 011..ML0b ~AObW ROOW"ft M?WU"M i C~ auuwiawmavria.ao...ri.yrrar,. r.t,rw~ Wrr,gr ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO INSTITUTE LITIGATION AGAINST 'NBB&S HOLDINGS, LTD., AND OTHER POTENTIAL DEFENDANTS, TO ABATE A NUISANCE, ENFORCE STATUTES, REGULATIONS AND ORDINANCES RELATING SO FLOODPLAIN MANAGEMENT, AND FOR EXTRAORDINARY RELIEF; RATIFYING PR1O9 ACTIONS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Attorney Is hereby authorized to institute civil litigation against WBB&S Holdings, Ltd., and other potential defendants, to abate a nuisance, enforce statutes, regulations and ordinances relating to tloodplain management, and for extraordinary relief. SECTION 2. That all prior actions taken of the character denominated by Section I, above, are hereby ratified and approved. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. i PASSED AND APPROVED this the day of. ,1999, I JACK MILLER, MAYOR ATTEST: , JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, ffV ATTORNEY //1Jr~ G r/ ' 1 t, I l M h Apeedalua.~9~-05.3 AWda Item f DaSe~ AGENDA INFORMATION SHEET AGENDA DATE: December 7, 1999 DEPARTMENT: Utilities E ACM: Howard Martin, 349.8232 SUBdECTi THIRD READING OF AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., DOING BUSINESS AS COSERV ELECTRIC, A FRANCHISE FOR TIIE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE W THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE-MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE Cl I Y BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE ; PROVIDING FOR A SFVERABILITY PROVISION; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The City Charter and the newly adopted Right-of-Way Ordinance No, 99.373 requires an electric service provider operating In the City of Denton to have a Franchise Agreement. The attached agreement with CoServ Electric establishes such an agreement with CoServ Electric for a 10 year period. OPTIONS: None RECOMMEtjDAT1ONS: Accept the proposed Franchise Agreement %vith CoServ Electric, p$jOR ACTION/REVIEW !Council, Boards, Commisslonl: r, f l~ C First reading of the Franchise Agreement before the City Council was done on November 2, 1999, Second reading of the Franchise Agreement before Council was don: on November 16, `1999. V a FISCAL INFORMATION: None Respcctfully submitted: ~l Sharon Mays - Director of Electric Utilitics AO' C, r.r r ~ c. i i ORDINANCE NO. AN ORDINANCE GRANTING 1'0 DENTON COUNTY ELECTRIC COOPERA7IVE, INC., DOING BUSINESS AS COSERV ELECTRIC, A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE. MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE ; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR ACCEPTANCE OF TIIti FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. WIIEREAS, Denton County Electric Cooperative, Inc., doing business as CoServ I~ Electric, has been using and occupying Public Rights-of-Way in the City rnf Denton for a number of years, including all of calendar year 1998, %ithout a franchise therefor from the City; ml WHEREAS, by letter agreement dated June 16, 1999 ("Letter Agreement' CoServ Electric and the City agreed to interim terms and conditions gov:ming CoServ Electric's use and occupancy of the Public Rights-of-Way until CoServ Vectric and the City reached agreement on a comprehensive franchise agreemenVordinance; and r WHEREAS, such L-tter Agreement provided that the electric franchise to be granted to / A;-~ CoServ Electric mould have an effective date of no later than May 17,1999; and 3 I t it 1 ~ I I WHEREAS, the City of Denton has adopted Ordinance No. 49.373 amending the City of Denton Code of Ordinances to provide uniform regulations to govem the use and occupancy of Public Rights-of-Way by providers of Electric Utility Service in the City, such provisions being codified as Sections 26.240, et seq., City Code, and including the requirement that such providers obtain a franchise from the City for such use and occupancy; and WlIEREAS, Sections 26.240, el seg., of the City Code apply to Denton County Electric Cooperative, Inc., doing business as CoServ Electric, and its provision of Electric Utility Service in the City, and require Denton County Electric Cooperative, Inc. to obtain a franchise from the C ity; NOW, THEREFORE I IIE COUNCIL OF THE CITY OF DENTON IIFRFDY ORDAINS: SECTION I; DEFINITIONS. As used in this ordinance, capitalized terms shall have the defined meanings set forth in Ordinance No. 99.373, codified as Sections 26.240, cl seq., City of Denton Code of Ordinances, and such definitions are hereby adopted as is set forth fully herein, SECTION III FRANCHISEE GRANTED (a) There is hereby GRANTED to Denton County Electric Cooperative, Inc., doing business as CoServ Electric (herrinuft.r called "lirantcc'"), for the term often (10) years from the effective date set forth in Section Xll of this Ordinance, a Franchise to use rind occupy the Public Rights-of-Way in order to construct, erect, own, suspend, Install, extend, anew, repair, maintain, operate, and conduct in the City of Denton, Texas, (hereinafter referred W as "City"), a plant or plants and poles, wires, pipelines, cables, underground conduits, manholes, fiber optic cable for its own use, and all other facilities and equipment needed and necese,ry for the maintenance and operation of an Electric Utility System. 4 _ i c= c ' I (b) This Franchise does not grant to Grantee the right, privilege, or authority to engage in any other business within the City other than the provision of Electric Utility service, as set forth in this Franchise, Any additional services to be performed by Grantee in the City, other than Electri: Utility Services, shall not be included within this Franchise, but instead, shall be the subject of a separate agreement or by an appropriate amendment to this Franchise. (c) All of Grantee's activities and occupation of the Public Rights-ofWay in the City shall be governed by the provisions of Sections 26-240, et seq., City Code, as such provisions may be amended from time to time in the sole discretion of the City. (d) This Franchise supersedes, and takes the place of, the latter Agreement dated June 16, 1999, referenced in the pream! le hereof. Grantee and City agree that Ordinance No. 99-373 , codified as Sections 26.240, er seq, City Code, and this Franchise together constitute the comprehensive franchise agreement/ordinance referenced In the Letter Agreement. SECTION III: ADbf1t iISTRATION O_ F~F nAN^ {l g Jy 1 (a) The City Manager is the principal City r+,r. er responsible for he administration of this franchise, and shall generally oversee and review tike operations of Grantee under this I Franchise. (b) The City may delegate to the City Manager the exercise of any of the powers conferred upon the City by its Charter, under its Code of Ordinances, or by regulation or rule, or by law, relating to the supervision and regulation of Gran'ee in the exercise of the rights and i privileges herein conferred to Grantee. The City Manager shall have the authority to make and publish, after written notice to those affected and after a hearing, such rules and regulations as A are necessary to carry out the duties and powers conferred upon the City, acting by and through `J its City hf3nager by the Public Utility Regulatory Act, as amended, and otherwise. S y r c 1 (c) It shall be the right mid duty of the City Manager and the governing body of the City at all times to keep fully informed as to all matters in connection with, or affecting the construction, reconstruction, maintenance, operation, and repair of the Electric Utility System of the Grantee, as well as its accounting methods and procedures in connection therewith, the conduct of the Grantee's business in the City, and the Electric Utility Service being provided by Grantee in the City. SECTION IV; RECORD REPORTS AND INSPECTIONS (a) The Grantee shall maintain its books and records as prescribed in Section 26-249, City Code, (b) Grantee, at Grantee's sole cost and expense and upon request by City, will promptly provide copies of financial and operating reports filed v.ith the Public Utility Commission of Texas, the Federal Energy Regulatory Commission, and the Securities and Exchange Commission, or their successor agencies, in no event later than fifteen (15) days after the receipt ora request therefor from the City (c) Grantee shall keep the City fully informed as to all matters in connection with or affecting the construction, reconstruction, removal, maintenance, operation, or repair of Grantee's facilities; including, without limitation, ali accounting methods and procedures used by Grantee in determining the franchise fee amounts to be paid the City, (d) Grantee shall provide the City, on an annual basis, a current chain-of-command organizational chart of Grantee showing all of its officers, managers and supervisors, together with their respective titles, addresses , nd telephone numbers, who have the ultimate A , responsibility for managing, operating, and maintaining Grantee's Electric Utility System in the City. i 6 G (e) The City Manager, or his designee, shall have the right, at reasonable times, to inspect the plant, equipment, and other property of the Grantee, and its affiliates; and to examine, audit, and obtain copies of the papers, books, accounts, documents, and other business records of F the Grantee and its affiliates, consistent with state law and in accordance with the provisions of f Section 26-249, City Code. (f) The City shall retain all of the investigative powers and other rights provided to the City by its Charter and by state law. SECTION V: COMPEN4AT[tlN Tn ttF vein rn Tur rlTY. (a) Grantee shall pay the City an annual Franchise Fee as set forth in Section 26.242, City Code. (b) Grantee shall furnish to City at the time each quarterly payment of franchise fee is made to City hereunder, a sufficiently detailed financial statement showing how the Gross Revenues amount wis arrived at and how the amount paid to the City was determined, for such i quarter. After Grantee ;mplements customer choice, the information provided to the City shall indicate the number of kilowatt hours of electricity delivered by the Grantee in the City. (c) Within ninety (90) days after the effective date of this Franchise, Grantee shall provide information to the City; (i) documenting the total number of kilowatt hours of electricity delivered by Grantee in calendar year 1998 to all of Grantee's retail customers whose consuming facilities' points of delivery r were located within the City's boundarie and ' 7 c C+ A (ii) documenting Grantee's Gross Revenues (as defined in Section 26- 240, City Code) in calendar year 1998 derived from the provision of Electric Utility Service within the City's boundaries. (d) The City shall compute the franchise fee that Grantee would have paid to the City in calendar year 1998 at the rate of 4% of Grantee's Gross Revenues for 1998, is determined in paragraph (c) above, and shall notify Grantee of the results of City's computation. Grantee agrees that the result of such computation is the amount due to the City for calendar year 1999, in accordance with the provisions of §33.008, PURA. Grantee agrees that City will use this amount to calculate Grantee's franchise fee per kilowatt hour, in accordance with §33.008, PURA. By October 1, 2001, the City shali notify Grantee of the amount of tho franchise fee set forth in number of dollars per kilowatt hour. Grantee agrees that such calculation is appropriate and waives any right it may have to challenge or otherwise contest the calculation of the franchise fee. (c) Grantee shall pay the kilowatt hour-based franchise fce instead of the franchise , fee based upon Grantee's Gross Revenues, commencing with service rendered by Grantee on and after January I, 2002, or commencing with service rendered by Grantee on and after the first day of the first month following the effective date of Grantee's implementation of customer choice, whichever is later. SECTION VI* FRANCHISE AND 0 11 JE t VIy ATIO S I Upon evidence being received by the governing body of the City that a violation of this Franchise Ordinance, or a City Charter provision, of an ordinance of the City lawfully regulating Grantee in the furnishing of service hereunder is occurring, or has occurred, it shall at once cause (I~ an investigation to be made by the City Manager or his designee. Notice, penalties, and 9 I f 1 tI 1 ~ I ~ procedures for ensuring compliance with this franchise shall be as provided in Sections 26.240, et seq., City Code. SECTION VII: NOTICES. (a) All notices, Including communications and statements that are required or k permitted under the terms of this Franchise, shall be in writing. Service of a notice shall be l accomplished by hand-delivery, by registered or certified mail, return receipt requested (postage prepcid), or by reputable overnight delivery service. All notices shall be effective upon the receipt of;police by the intended recipient. (b) All notices shall be sent to the City and Grantee at the following addresses: CITY OF DENTON, TEXAS DENTON ELECTRIC COOPERATIVE, INC. City Manager d/b/a CoServ Electric City of Denton do Curtis Trivitt, P.E. 215 E. McKinney Director of Engineering and Operations Denton, Texas 76201 3501 FM 2181 Corinth, Texas 76205 (c) The City and Grantee, from time to time, may designate a new address and/or another designated officer foc purposes of providing notice hereunder, by written notice to the other party given as provided herein. ! SECTION Vlll: CONF~1j?MIYY_TO THE CONSTITUTION STATUTES. CHARTER AND C1TY CODE OF ORDINANCES. This Franchise is granted subject to all applicable provisions of the Constitution and laws of the State of Texas, the Charter of the City of Denton, Texas, and the Denton Code of ordinances, together with any and all rules and regulations adopted thereunder. This Franchise shall in no way affect, abridge, or impair the rights, obligations, or remedies of the parties %A,'-~ ' provided for by the Public Utility Regulatory Act of Texas, as amended. f 9 I I l t, I i SECTION X: GOVERNING LAW AND VENUE, (a) This Franchise shall be governed by and construed in accordance with the laws of j the State of Texas and the City Charter of the City of Denton, Texas. ~ (b) Venue respecting any dispute arising hereunder shall exclusively lie in Denton County, Texas. I, (c) For purposes of construction, this Franchise shall be construed as having been negotiated at arm's length and drafted by the combined efforts of the City and Grantee and their respective legal counsel. SECTION K INDEMNIFICATION. Grantee shall defend, indemnify and save whole and harmless the City and all of its officers, officials, agenLt, employees and attorneys, against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons that may be occasioned by, or arise out of, Grantee's breach of any of the terms or provisions of this Franchise or of Sections 26-240, el seq., City Code, or by any negligent or strictly liable act, or omission by Grantee, its officers, agents, employees, subcontractors, affiliates wid subsidiaries, in the construction, maintenance, operation, or repair of Grantee's Electric Utility System, or by the conduct of Grantee's business In the City pursuant to this Franchise; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole i negligence or fault of the City, its officers, officials, agents, employees, or separate contractors. i In the event of joint and concurrent negligence or fault of bo+h of the Grantee and the City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity defense or 10 t: c provision available to the City under applicable Texas law, and without waiving any of the defenses of the parties under applicable Texas law. It is understood that it is not the intention of the parties hereto to create liability for the benefit of any third parties, but that this Franchise shall be solely for the benefit of the City and Grantee, and shall not create or grant any rights, contractual or otherwise, to any other person or entity. SECTION XI: NON•F.XCLUSIVE FRANCHISE The Franchise granted by this Ordinance Is not exclusive. Nothing contained herein shall b - construed so as to prevent the City from granting other like or similar rights, privileges, and franchises to any other person, firm, corporation, or public utility. SECTION XII• EFF rTIVE DATE: ACCEPTANCCE This ordinance shall take effect immediately from and after its passag;, publication, acceptance by Grantee in accordance with the pro%isions of the Charter of the City of Denton, Texas, and after Grantee deposits its surety bond with the City Finance Director, as required by Section 26.244, and it is accordingly SO ORDAINED. Under the terms of the Letter Agreement, Grantee's obligations with regard to payment of compensation hereunder shall have an effective date of May 17, 1999, and Grantee's first payment of franchise fees for the period of Slay 17, 1999 through September 30, 1999, shall be due upon Grantee's acceptance hereof. The Franchise granted herein shall continue for a tens of ten (10) years from the effective date. SECT" ~4 LW I:DPEN MEETING it is hereby officially found and determined that the meetings at which this ordinance was passed were open to the public as required by law, and that public notice of the time, place and / A purpose of said meetings was given as required by law. II 6 t. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: A" City of Denton, Texas, acting herein by its duly constituted author es, hereby declares the foregoing Ordinance passed on firs, reading on the ej day of 1999; and }sassed on secund reading on the /(o day of flovilNeef- 1999; and passed on third reading on the day of 1999; and being finally effective as of the day of 1999. Ja.k Miller, Mayor Mark Burroughs, Council Member Roni Beasley, Council Member Mike Cochran, Council Member Neil Durrance, Council Member Sandy Kristoferson, Council Member Carl G. Young, Sr„ Council Member I The above and foregoing crdinance re d, adopted on~ f))rst reading and passed to second reading by the following votes, this the oZ day of _ NDYC/7t6B/^ 1999, at a regular session of the City Council. Jack Miller, Mayor, voting _ ,Qlje /r1 Mark Burroughs, Council Member, voting 1.// . J Roni Beasley, Council Member, voting(. 12 l= S Mike Cochran, Council Member, voting Neil Durrance, Council Member, voting T, Sandy Kristoferson, Council Member, voting QUB Carl G. Young, Sr., Council Member, voting The above and foregoing ordinance regd, adopted on jecond reading and passed to third reading by the following votes, this the day of 1/1161 1999, at a regular session of the City Council. Jack Miller, Mayor, voting QGL Mark Burroughs, Council Member, voting _ a4e Roni Beasley, Council Member, voting , r Mike CoOran, Council Member, voting _AiVe-, Neil Durrance, Council Member, voting Sandy Kristoferson, Council Member, voting M ~ i Carl C. Young, Sr., Council Member, voting _ a ue , The above and foregoing ordinance read, adopted on third reading and passed by the following , votes, this the day of , 1999, at a regular session of the City Council, Jack Miller, Mcyor, voting Mark Burroughs, Council Member, voting Roni Beasley, Council Member, voting Mike Cochran, Council Member, voting Neil Durrance, Council Member, voting A Sandy Kristoferson, Council Member, voting _ r_, Carl Q. Young, Sc, Council Member, voting 13 U STATE OF TEXAS § 4 COUNTY OF DENTON § I, Jennifer Walters, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and conect copy of the Franchise Agreement Ordinance between the City of Denton and Denton County Electric Cooperative, Inc., doing business as CoServ Electric. The same is now recorded as Ordinance Number in the Ordinance Records of the City of Denton, Texas. WITNESS MY NAND this the , day of '1999. Jennifer Walters, City Secretary (SEAL) I 14 4 t+ ACCEPTAN%'F, WHEREAS, the City Council of the City of Denton, Texas, did on the r day of , 1999, enact an Ordinance entitled: AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC. DOING BUSINESS AS COSERV ELECTRIC A FRANCHISE FOR 711E PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE- MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE ORANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE AND THE RIGHT OF THE CITY TO UNILATERALLY TERMINATE THE FRANCHISE IN CERTAIN CIRCUMSTANCES; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, said Ordinance was on the day of , 1999, duly approved and subscribed by the Mayor of said City, and the seal of said City was thereto affixed and attested to by the City Secretary; NOW, THEREFORE, Denton County Electric C •.-)perative, Inc., doing business as CoServ Electric, hereby in all respects ACCEPTS, APPROVES AND AGREES TO said Ordinance, and the same shall constitute and be a binding contractual obligation of Denton County Electric Cooperative, Inc., doing business as CoServ Electric, and of the City, without waiver of any other remedy by Denton County Electric Cooperative, Inc., doing business as CoServ Electric, or the City, and Denton County Electric Cooperative, Inc„ doing business as CoServ Electric, does hereby file this, its written acceptance, with the City Secretary of the City of Denton, Texas, in her office. i 1 DATED this the day of. '1999. DENTON COUNTY ELECTRIC COOPERATIVE, INC., doing business as COSERV FLECTRIC By: ATTEST, r f t (/i~ ra 1s 4 U ACCEPTANCE FILED In the Office of the City Secretary of the City of Denton, Texas, this the _ day of - 11999. Jennifer Walters, City Secretary I 1 16 a U i c. 1 A we -fir AP* him A: oats AGENDA INFORMATION SHEET AGENDA DATE: December 7,1999 DEPARTMENT: City Manager's Office CM: Mike )ex, City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current Board/Commission vacancies/ne-iinatiuns: Kevin Kasparek has resignod from the Keep Denton Beautiful Board. This is a nomination for Council Member Kristoferson. Diane Ricks has resigned from the Historic Landmark Commission. This is a nomination for Council Member Cochran. If you require any further infurmation, please let me know. Respectfully submitted: )e er a to C Secretary 1 1 l~ ~r \ t 1 E. i, END OF FILE 4