HomeMy WebLinkAboutAugust 7, 2012 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
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After determining that a quonim is present, the City Council of the City of Denton, Texas will
convene in a Worlc Session on Tuesday, August 7, 2012 at 3:00 p.m. in the Council Worlc
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to spealc on Consent Agenda Items only. Each
spealcer will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for August 7, 2012.
3. Receive a report, hold a discussion, and give staff direction to commence the update of
the Denton Comprehensive Plan with the consultant, Wallace, Roberts, and Todd, LLC,
to perform the services and fulfill their contractual obligations, terms and conditions.
4. Receive a report, hold a discussion, and give staff direction regarding amending
Subchapter 35.12 of the Denton Development Code regarding allowing accessory
stnictures to be located in the side yards of lcindergarten, elementary, nuddle and high
schools. The Planning and Zoning Comnussion recommends approval (7-0).
5. Receive a report, hold a discussion and give staff direction regarding Board and
Commission nominations, ad hoc committee nonunations, and council committee
nominations.
6. Receive a report, hold a discussion, and give staff direction regarding the FY 2012-13
Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on
any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS
GOVERNIVIENT CODE, as amended, as set forth below.
CLOSED MEETING
1. Closed Meeting:
A. Consultation with Attorneys — Under Texas Government Code Section 551.071.
1. Consult with the City's attorneys regarding the present status of pending
litigation styled: The City of Denton, Texas v. The Unive�sity of No�th
Texas, Cause No. 2008-20043-158, now pending before the 158th Judicial
District Court of Denton County, Texas, having been remanded to the trial
court by the Fort Worth Court of Appeals for further proceedings; and
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discuss, deliberate and provide the City's attorneys with direction and any
recommendations regarding such legal matter. A public discussion of this
legal matter would conflict with the duty of the City's Attorneys to the
City Council under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas.
2. Consult with the City's attorneys regarding the status and possible
resolution of pending litigation styled ,Steen v. Langf'o�d, et al., Cause No.
CV-2010-00528, now pending before the County Court at Law #2, Denton
County, Texas; and discuss, deliberate and provide the City's attorneys
with direction and any recommendations regarding such legal matter. A
public discussion of this legal matter would conflict with the duty of the
City's Attorneys to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
B. Deliberations regarding Real Property — Under Texas Government Code Section
551.072; Consultation with Attorneys — Under Texas Government Code Section
551.071; Deliberations regarding Certain Public Power Utilities Competitive
Matters — Under Texas Government Code Section 551.086.
1. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the acquisition of fee lands for public purposes
situated in the T.M. Downing Survey, Abstract Number 346, the M.E.P. &
P.R.R. Company, Abstract Number 927, and the M.E.P. & P.R.R.
Company, Abstract Number 1475, all in the City of Denton, Denton
County, Texas; and consultation with the City's attorneys regarding legal
issues associated with the acquisition or condemnation of the tracts
referenced above where a public discussion of these legal matters would
conflict with the duty of the City's attorneys to the City of Denton and
Denton City Council under the Texas Rules of Disciplinary Conduct of the
State Bar of Texas, or would jeopardize the City's legal position in any
administrative proceedings or potential litigation.
C. Deliberations regarding Personnel Matters — Under Texas Government Code
Section 551.074.
1. Deliberate and discuss the appointment and duties of public officers to
boards or commissions exercising discretionary or nile malcing power as
opposed to purely advisory powers, which includes without linutation the
Health and Building Standards Comnussion, the Historic Landmarlc
Commission, the Planning and Zoning Comnussion, and the Zoning Board
of Adjustment.
D. Deliberations Regarding Certain Public Power Utilities: Competitive Matters —
Under Texas Government Code Section 551.086.
1. Receive competitive public power information from staff in the form of a
proposed operating budget for Denton Municipal Electric (DME) for the
upcoming fiscal year, including without linutation, revenues, expenses,
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commodity volumes, and commitments, and the direction of DME; and
discuss, deliberate, consider adoption of the budget and other matters, and
provide staff with direction regarding such matters.
E. Consultation with Attorney — Under Texas Government Code Section 551.071;
Deliberations regarding Econonuc Development Negotiations — Under Texas
Government Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues on matters
regarding the leasing of land and financing of a City facility on University
of North Texas property located at I-35 and North Texas Boulevard where
such discussion presents a conflict between the duty of the City's
attorneys to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas and the provisions of the
Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
Also hold a discussion regarding the leasing of land and financing of a
City facility on University of North Texas property located at I-35 and
North Texas Boulevard, including financial information related to such
activities from a business prospect.
F. Consultation with Attorneys — Under Texas Government Code, Section 551.071;
Deliberations regarding Real Property — Under Texas Government Code, Section
551.072.
1. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located (1) in the O.S. Brewster Survey, Abstract No. 56, located
generally in the 1700 blocic of South Bonnie Brae Street; and (2) in the
James Edmonson Survey, Abstract No. 400, Denton County, Texas,
located generally in the 3100 Blocic of South Bonnie Brae Street, all
property interests within the City of Denton, Texas. Consultation with the
City's attorneys regarding legal issues associated with the potential
acquisition of the real property interests described above where a public
discussion of these legal matters would conflict with the duty of the City's
attorneys to the City of Denton and the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or
would jeopardize the City's legal position in any adnunistrative
proceeding or potential litigation.
2. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located (1) in the M.E.P. & P. R.R. Co. Survey, Abstract No.
1469, located generally in the 1500 blocic of North Mayhill Road; and (2)
in the M.E.P. & P. R.R. Co. Survey, Abstract No. 927, located generally in
the 1000, 1100 and 1200 blocics of South Mayhill Road, all property
interests within the City of Denton, Texas. Consultation with the City's
attorneys regarding legal issues associated with the potential acquisition of
the real property interests described above where a public discussion of
these legal matters would conflict with the duty of the City's attorneys to
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the City of Denton and the City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal position in any administrative proceeding or
potential litigation.
ANY F1NAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A CLOSED
MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD 1N COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH F1NAL
ACTION, DECISION, OR VOTE IS TAKEN 1N THE CLOSED MEETING 1N ACCORDANCE WITH
THE PROVISIONS OF �551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER
EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN 1NT0 A CLOSED
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, �551.001, ET
SE�. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE 1N A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, 1N ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, 1NCLUDING, WITHOUT LIMITATION �551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
REGULAR MEETING
1. PLEDGE OF ALLEGIANCE
A. U. S. Flag
B. Texas Flag
"Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and
indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
3. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received bacicground information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A— Q). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A— Q below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
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A. Consider the re-appointment by the City Manager of Paul Abbott to the Civil
Service Commission.
B. Consider approval of a resolution allowing the Denton Blacic Chamber of
Commerce to be the sole participant allowed to sell alcoholic beverages at the
Blues Festival on September 15 - 16, 2012, upon certain conditions; authorizing
the City Manager or his designee to execute an agreement in confornuty with this
resolution; and providing for an effective date. The Parks, Recreation and
Beautification Board recommends approval (4-0).
C. Consider a request for an exception to the Noise Ordinance for the purpose of the
14th Annual Denton Blues Festival, sponsored by the Denton Blacic Chamber of
Commerce. The event will be held in Quakertown Park on Saturday, September
15, 2012, from 1:00 p.m. to 10:30 p.m. and Sunday, September 16, 2012, from
1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of
operation for amplified sound on Saturday from 10:00 p.m. until 10:30 p.m. and
for amplified sound on Sunday. The amplified sound will not go above the
allowable 70 decibels for an outdoor concert.
D. Consider adoption of an ordinance of the City of Denton, Texas approving a First
Amendment to the Meet and Confer Agreement between the City of Denton and
the Denton Firefighters Association and providing an effective date.
E. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract with the Houston-Galveston Area
Council of Governments (H-GAC) Contract FS12-11 for the acquisition of a
Pierce Velocity Custom Pumper Tnick EP/357 for the City of Denton Fire
Department; and providing an effective date (File 4992 — Pumper Tnicic for Fire
Department awarded to Siddons-Martin Emergency Group in the amount of
$543,503).
F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement by and between the
City of Denton, Texas and POWER Engineers, Inc. for Electric Design and
Engineering Services pertaining to a Transmission Line Routing Study and
Environmental Assessment Study for Reconstniction of the Hickory Substation to
Locust Substation Transnussion Line for Denton Municipal Electric; authorizing
the expenditure of funds therefor; and providing an effective date (File 4995 in an
amount not-to-exceed $215,515). The Public Utilities Board recommends
approval (6-0).
G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement with Sawlco &
Burroughs, LLP, for professional services related to collection of delinquent taxes
on behalf of the City of Denton; and establishing an effective date.
H. Consider adoption of an ordinance accepting competitive bids and awarding a
Four Year Contract for the purchase of Electric Polyvinyl Chloride (PVC)
Conduit, Fittings and Accessories for Denton Municipal Electric; providing for
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the expenditure of funds therefor; and providing an effective date (Bid 4976 —
Four Year Contract for Electric PVC Conduit, Fittings and Accessories awarded
to the overall lowest responsible bidder meeting specification Techline, Inc. for an
annual estimated expenditure of $165,000 and a four year estimated total of
$660,000).
L Consider adoption of an ordinance accepting sealed proposals and awarding a
contract for Mowing Services for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (RFP 4942 —
Annual Contract for Mowing Services awarded to the best valued proposer for
each section for an annual estimated expenditure of $268,982.00).
J. Consider adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute a water main pro-rata reimbursement
agreement between the City of Denton, Texas and Mary Bess Miller for
reimbursement of the costs of building a water main, through pro-rata charges
paid to the city; authorizing the transfer of funds pursuant to the agreement; and
providing an effective date. The Public Utilities Board recommends approval
(5-0).
K. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 3.480 acre tract located in the M.E.P. and P.R.R. Co.
Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to the ordinance, located generally
in the 2500 blocic of East McKinney Street (the "Property Interests"), for the
Public use of expanding and improving electric utilities; authorizing the City
Manager or his designee to malce an offer to Gary Dennis Dillard, to purchase the
Property Interests for the purchase price of Three Hundred Twenty Six Thousand,
Two Hundred Eight Dollars and No Cents ($326,208.00), and other consideration,
as prescribed in the Contract of Sale (the "Contract"), as attached thereto and
made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor;
authorizing relocation expenditures; repealing prior ordinance related to offer to
purchase an easement from Owner (2012-079); and providing an effective date.
(691cV Transmission Line Rebuild Proj ect — Parcel P7)
L. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a professional services agreement (PSA) with Teague, Nall, and
Perlcins, Inc. for engineering services relating to the Downtown Master Drainage
Plan; and providing for an effective date (RFQ 4935 — awarded to Teague, Nall,
and Perlcins, Inc. in the amount of $103,900).
M Consider adoption of an ordinance authorizing the execution of a Purchase
Agreement (herein so called), by and between John Staples Shocldey, as
Independent Executor of the Estate of Eliza T. Shocldey, deceased, as owner, and
the City of Denton, Texas, as buyer, regarding the sale and purchase of (i) fee
simple to a 0.74 acre tract; (ii) a utility and slope easement encumbering a 0.13
acre tract; (iii) a slope easement encumbering a 0.01 acre tract; and (iv) a
temporary constniction, grading and access easement encumbering a 0.01 acre
tract, all tracts located in the A. Tomplcins Survey, Abstract No. 1246, City of
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Denton, Denton County, Texas, as more particularly described in the Purchase
Agreement, located generally in the 1800 blocic of South Bonnie Brae Street (the
"Property Interests"), for the public use of expanding and improving Bonnie Brae
Street, a municipal street and roadway, for the purchase price of One Hundred
Sixty One Thousand, Nine Hundred Seven Dollars and No Cents ($161,907.00),
and other consideration, as prescribed in the Purchase Agreement; authorizing the
expenditure of funds therefor; and providing an effective date.
N. Consider adoption of an ordinance authorizing the execution of a Purchase
Agreement (herein so called), by and between Jean MG. Tunnell, formerly
lcnown as Jean M Goodson, as owner, and the City of Denton, Texas, as buyer,
regarding the sale and purchase of (i) fee simple to a 0.08 acre tract; (ii) a utility
and drainage easement encumbering a 0.04 acre tract; and (iii) a drainage
easement encumbering a 0.27 acre tract, all situated in the O.S. Brewster Survey,
Abstract Number 56, City of Denton, Denton County, Texas, as more particularly
described on Exhibit "A" to the Purchase Agreement, located generally in the
2200 blocic of South Bonnie Brae Street (the "Property Interests"), for the public
use of expanding and improving Bonnie Brae Street, a municipal street and
roadway, for the purchase price of Three Thousand Nine Hundred Seventeen
Dollars and No Cents ($3,917.00), and other consideration, as prescribed in the
Purchase Agreement; authorizing the expenditure of funds therefor; and providing
an effective date.
O. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) a utility and slope easement encumbering a 0.02 acre tract and a 0.03
acre tract, and (ii) a temporary constniction, grading and access easement,
encumbering a 0.06 acre tract and a 0.02 acre tract, all tracts located in the City of
Denton, Denton County, Texas, and situated in the O.S. Brewster Survey,
Abstract Number 56, City of Denton, Denton County, Texas, as more particularly
described on Exhibit "A" attached to the ordinance located generally in the 1700
block of South Bonnie Brae Street (the "Property Interests"), for the public use of
expanding and improving Bonnie Brae Street, a municipal street and roadway;
authorizing the City Manager or his designee to malce an offer to Bettye L. Martin
to purchase the Property Interests for the purchase price of Seven Thousand Sixty
Nine Dollars and No Cents ($7,069.00), and other consideration, as prescribed in
the Easement Purchase Agreement (the "Agreement"), as attached to the
ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of
funds therefor; and providing an effective date.
P. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 7.36 acre tract; (ii) a slope easement encumbering 0.33
acres; (iii) a drainage easement encumbering 1.35 acres; and (iv) a temporary
constniction, grading and access easement encumbering 0.03 acres, all lands
located in Denton County, Texas, and sit�iated in the James Edmonson Survey,
Abstract Number 400, as more particularly described on Exhibit "A", attached to
the ordinance, located generally in the 3100 blocic of South Bonnie Brae Street
(the "Property Interests"), for the public use of expanding and improving Bonnie
Brae Street, a municipal street and roadway; authorizing the City Manager or his
designee to malce an offer to Jacic Arlyn Parlces and wife, Betty Parlces to
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purchase the Property Interests for the purchase price of Two Hundred Fifty Five
Thousand One Hundred Sixteen Dollars and No Cents ($255,116.00), and other
consideration, as prescribed in the Purchase Agreement (the "Agreement"), as
attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the
expenditure of funds therefor; and providing an effective date.
Q. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 0216 acre tract; and (ii) a temporary constniction,
grading and access easement, encumbering a 0.152 acre tract, all tracts located in
the M.E.P. & P.R.R. Co. Survey, Abstract Number 1469, City of Denton, Denton
County, Texas, as more particularly described on Exhibit "A", attached to the
ordinance, located generally in the 1500 blocic of North Mayhill Road (the
"Property Interests"), for the public use of expanding and improving Mayhill
Road, a municipal street and roadway; authorizing the City Manager or his
designee to malce an offer to Jerry M. Kelsoe to purchase the Property Interests
for the purchase price of Two Hundred Ninety Nine Thousand Seven Hundred
Ninety Six Dollars and No Cents ($299,796.00), and other consideration, as
prescribed in the Purchase Agreement (the "Agreement"), as attached to the
ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of
funds therefor; authorizing relocation expenditures; and providing an effective
date.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider appointments to Council committees.
B. Consider nominations/appointments to the City's Boards & Commissions.
1. Airport Advisory Board
2. Animal Shelter Advisory Comnuttee
3. Community Development Advisory Committee
4. Health & Building Standards Comnussion
5. Historic Landmark Commission
6. Human Services Advisory Comnuttee
7. Library Board
8. Parks, Recreation and Beautification Board
9. Planning and Zoning Commission
10. Public Art Comnuttee
11. Public Utilities Board
12. Traffic Safety Comnussion
13. Zoning Board of Adjustment
C. Consider approval of a resolution of the City Council of the City of Denton,
Texas placing a proposal on the September 11, 2012, City Council public meeting
agenda to adopt a 2012 Tax Rate that will exceed the lower of the rollbacic rate or
the effective tax rate; calling two public hearings on a tax increase to be held on
August 21, 2012, and August 28, 2012, and calling a budget public hearing on the
Fiscal Year 2012-13 Annual Program of Services of the City of Denton to be held
on August 21, 2012; requiring publication of a notice of the public hearings in
accordance with the law; requiring the posting of the notice of the public hearings
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on a tax increase on the City's Internet website; requiring the posting of the notice
on the City's public access channel; and providing an effective date.
D. Consider adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute an agreement among and between the
City of Bryan, Texas, the City of Denton, Texas, the City of Garland, Texas and
the City of Greenville, Texas regarding prepayment of fixed cost power purchase
payments to be paid to the Texas Municipal Power agency; and providing an
effective date. The Public Utilities Board recommends approval (6-0).
5. PUBLIC HEARINGS
A. Hold a public hearing concerning the proposed $20.4 million Bond Election to be
held on November 6, 2012, and project recommendations developed by the
Citizens Bond Advisory Committee.
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding amending Subchapter 35.12 of the Denton Development
Code regarding allowing accessory stnictures to be located in the side yards of
lcindergarten, elementary, nuddle and high schools; and providing for a penalty in
the maximum amount of $2,000.00 for violations thereof, severability and an
effective date. The Planning and Zoning Comnussion recommends approval
(7-0).
6. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
of policy, or accept a proposal to place the matter on the agenda for an upconung
meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be talcen, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a renunder about an upconung event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
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CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of , 2012 at o'clocic
(a.m.) �P.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE 1N
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMM[_JNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-
TX SO THAT A SIGN LANGUAGE 1NTERPRETER CAN BE SCHEDULED THROUGH THE
CITY SECRETARY' S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Planning & Development
,�
f�;�
ACM: Fred Greene � �
SUBJECT - CAll-0004 (Comp�ehensive Plccn Updccte)
Receive a report, hold a discussion, and give staff direction to commence the activities of the
consultant, Wallace, Roberts, and Todd, LLC, to perform the services and fulfill their contractual
obligations, terms and conditions in association with the update to the Denton Plan.
BACKGROUND
The Planning and Development Department is prepared to commence the update of the City's
Comprehensive Plan — The Denton Plan, with the consultant, Wallace, Roberts, and Todd, LLC
(WRT). The consultant team, WRT and their sub consultants, will be present the week of August
6, 2012 to attend the regtilarly scheduled worlc sessions of City Council and the Planning and
Zoning Commission to introduce themselves and give a presentation on the update process. City
staff and WRT will also host an Open House to meet with the public and receive initial feedbacic
on issues and challenges they foresee.
In anticipation of the event, staff and the consultant have met and discussed the phasing plan,
developed different strategies to incorporate to reach out to the public, and identified
stalceholders to meet with to communicate how this update is essential to their future plans. Staff
has also developed a general schedule of events the City will host throughout the 18-month
process, developed an outreach plan to promote this effort to the public, and assembled
information on the demographic, economic, and social position of the City.
,Schedule of Events
During this initial visit, staff and WRT are scheduled to meet with the Editorial Board of the
Denton Record Chronicle (DRC) to discuss the need for the update to the Denton Plan, the
inclusive process the City will promote and the importance of citizen involvement to provide
feedback. It is important to convey that this project will have implications beyond development
and deciding land use - it will also establish the vision for the City and chart a course for
achieving that vision. Interspersed throughout these activities will be the first of multiple rounds
of interviews WRT and staff will conduct with community members to garner their feedbacic.
01rt��each Playl
Staff and WRT has developed an outreach plan to promote community feedbacic and input
through a variety of inethods throughout the Denton Plan update process. The project has a
dedicated website, DentonP1an2030.com that features information about what a comprehensive
plan is and details about the update process; instnictions about how to get involved in this effort;
a schedule of public events; and the ability to request City staff to attend an upcoming
association, organization, or group meeting. The City will also host traditional community
Agenda Information Sheet
August 7, 2012
Page 2
meetings and fonims, use the Denton Record Chronicle to provide updates on the project, use
mailers and posters to inform and update residents, and provide information on DTV Denton's
Television networlc. The City will also malce use of social media, the project has a Faceboolc
page; and will use the City's Twitter account to announce information. EngageDenton.com will
be used to host conversations on various subject matter related to the update. The objective of
this outreach is to engage community members and garner as much input and feedbacic as
feasible.
� �d IdZC'YI � �01�21�2d llC'C'
An item that will be presented for your consideration is the formation of a Citizen Committee to
provide feedbacic on the goals, recommendations, and strategies that will be developed
throughout the update process. Because many policy decisions on how to manage growth and
change will be developed, WRT believes that such policy decisions must be made in a way that
ensures the largest degree of public support and buy-in. The consultant team will facilitate the
planning process, provide analyses, projections and pose alternative scenarios, strategies and
policy choices, in addition to writing the final plan document. However, before City Council
takes action to adopt the update, it is important that the public agree to the greatest extent
possible, the final plan recommendations.
In lieu of this, one option staff proposed is to utilize the existing City Council appointed Boards
and Commissions. For example, the Mobility Committee would review any updates to the
Infrastnicture Element and the Committee on the Environment would review updates to the
Environment Element of the Denton Plan. These groups are aware of the challenges the City
faces and could offer input on a number of items under their purview. However, while such a
group would be very lcnowledgeable, the time commitment necessary for the Denton Plan
update, in addition to their on-going Board and Commission responsibilities, may become
burdensome. As well, since staff is unaware which elements will be updated and what new
elements may be introduced there may not be an existing Board or Commission to evaluate this
information. Finally, having the plan guided by those already involved in the City's affairs could
lead to the public perception that the plan is the creation of the City and not the Denton
community.
The stnicture of the Citizen Committee would include no existing member of any City Council
appointed Board or Commission who would serve for the duration of the update process. The job
description would include attending 2-3 hour monthly or bi-monthly meetings, as well as
reviewing extensive technical reports and analyses prepared by the consultant team, and assisting
as facilitators at community fonims and other outreach activities.
It is the experience of WRT, consistent with the comprehensive planning best practices
nationally, that the best way to ensure a successfully adopted and implemented comprehensive
plan is for citizens to talce ownership of the plan and the planning process. This is best achieved
by the appointment of a 21-member Citizen Committee, broadly representative of all community
interests and segments of the population. This gives credibility to the planning process and to the
final plan document that it represents the best interests of all citizens. This Citizen Committee
will provide consensus-based direction at key decision points. To ensure that City Council
remains current on the input being given by the Citizen Committee at all decision points,
Agenda Information Sheet
August 7, 2012
Page 3
(adoption of a vision statement, selection of a preferred growth scenariq deternunation of action
priorities) staff will present a quarterly update to City Council so the staff can change course as
City Council may direct.
RECOMMENDATION
Staff recommends that City Council direct staff to commence the update to the Denton Plan with
the consultant Wallace, Roberts, and Todd, LLC.
EXHIBIT
1- Week of August 6, 2012 — Schedule of Events
2- Kicicoff Open House Flyer
Prepared by:
,,q
�� ' � ,���� � �
�
� uJ �r ���w�� r����"��r� ��^��w
�� �f d�
Brian Locldey
DRC Adnunistrator
Submitted by:
Fred Greene
Assistant City Manager
Exhibit 1
Wallace, Roberts, and Todd, LLC
Schedule of Events
Week of August 6, 2012
• Denton Record Chronicle — August 6, 2012 2:30 Meeting with the DRC Editorial Board
to discuss the Denton Plan update process.
• City Council Work Session — Comprehensive Plan Briefing Tuesday August 7, 2012
City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton
• Planning & Zoning Commission Work Session — Comprehensive Plan Briefing
Wednesday August 8, 2012 City Council Worlc Session Room at City Hall, 215 E.
McKinney Street, Denton
• Kickoff Open House - Thursday, Aug. 9, 6:30 — 8:30 p.m. Center for the Visual Arts,
400 E. Hickory St., Denton
Exhibit 2
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AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
� DEPARTMENT: Planning & Development
�r�
ACM: Fred Greene �
SUBJECT — DCA12-0002 Accesso�y ,S�t�uctu�es
Receive a report, hold a discussion, and give staff direction regarding amending Subchapter
35.12 of the Denton Development Code regarding allowing accessory stnictures to be located in
the side yards of lcindergarten, elementary, middle and high schools. The Planning and Zoning
Commission recommends approval7-0.
ISSUE
Pursuant to Section 35.12.4.B2 of the Denton Development Code (DDC):
"Accesso�y st��uctu�es, with the exception of non�esidential detached ca�po�ts, gas station
canopies, gas station ca� wash facilities, and secu�ity'ent�y booths, a�e p�ohibited in fi°ont o�
side yards. "
All other accessory stnictures may only be placed in the rear yards. The prohibition against
accessory stnictures being located in side yards has been problematic in certain instances for
lcindergarten, elementary, middle and high schools. One example is that of the Denton City
County Day School.
BACKGROUND
The Denton City County Day School (the School) is located at 1603 Paisley Street, at the
intersection with Campbell Lane. The School is desirous of constnicting a canopy over an
existing concrete slab that is located at the northeast corner of the property, adjacent to Campbell
Lane. This canopy would provide shade and protection from the sun for students while they are
participating in recess and other out-door activities that are conducted on the existing concrete
slab. However, the concrete slab is located in the School's side yard and the proposed canopy is
considered an accessory stnicture. Per Section 35.12.4.B.2 of the Denton Development Code
(DDC), the canopy is prohibited from being located in the school's front or side yards.
Therefore, the City cannot issue a permit for the constniction of subject accessory stnicture that
would provide protection from potentially harmful over-exposure to dangerous ultraviolet sun
rays.
Agenda Information Sheet
August 7, 2012
Page 2
DISCUSSION
���' � �� ��,% � �, �� � �����, ��� „ �°��; �,�� ��r As illustrated in the aerial photograph to the
„ ;
� ,�,� �„ �: �� left, the School's primary stnlctLire is located
' �� �"' � ,,,,, ; ���� � �� �,� � to the far western portion of the property. All
,�
� �;� of the property that is east (shaded blLie) of the
,
'' �� ,���'� primary stnictLire and adjacent to Campbell
� �� ��i�%� ��% ''
`��� � ��� � Lane is considered the side yard. All of the
� �� i�� property that is south (shaded green) of the
� � ���� " , ���,�.� � � primary stnictLire and adjacent to Paisley
,�
�,r/ ����% <, Street is considered the front yard. Per
� ,
1�'°, ' � e, Section 35.12.4.B2 of the DDC: "Accesso�y
,
,,, ,.� ,� „ ��,
f���� S/1'1!C/1!1'E',S, 11�d/�/ /�/E', E',.KCE',�/dOYl Of YI()YI—
� ��, %%�, .
�� �esidential detached ca�po�ts, gas station
canopies, gas station ca� wash faciJities, and secu�ity ent�y booths, a�e p�ohibited in fi°ont o�
side yards. " Therefore, in this instance, accessory stnictures are only permitted in the area
shaded yellow, or to the north and northwest of the primary stnicture.
To provide some relief in instance such as the aforementioned, staff is proposing to amend
Section 35.12.4 of the DDC to allow accessory stnictures in the side yards of lcindergarten,
elementary, middle and high schools. Staff is not recommending allowing accessory stnictures
in front yards. In addition, staff is proposing conditions that are intended to mitigate potential
negative impacts that may result from this amendment. For example, referring to the attached
site location aerial photograph in Exhibit 1, all the residential lots along the east side of
Campbell Lane that front the side yard of the school property could have the proposed accessory
stnicture (and those that are existing) in their front yard view shed. This will be tnie for all
similar instances throughout the City, and may create an argtiment that such an arrangement will
render the affected lots less desirable and diminish their value.
In an effort to mitigate the above potential negative impact, as well as others, staff is
recommending that when located in side yards, accessory stnictures must be limited to certain
types; have to meet an increased side yard setbacic; may not exceed a certain percentage of the
gross floor area of the primary stnicture; and be compatible with the primary stnict�ire, or be
subject to certain types of screening, etc.
During the Planning and Zoning Commission (P&Z) work sessions, many items were discussed
and later resolved. One of the items discussed at length was determining the maximum gross
floor area of the accessory stnicture(s).
Within the last two years there have been fifty eight (58) building permits finaled for accessory
stnictures. Of these 58 accessory stnictures, eleven (11) were five hundred (500) square feet or
more, see Exhibit 5. Of the 11 that were 500 square feet or more, two have a floor area that is
more than 50% of the gross floor area of the principal stnicture. One is a green house at 66.31%,
and the other is a storage building at 57.37%.
Agenda Information Sheet
August 7, 2012
Page 3
Based on feedback received from the P&Z, field inspections, building permits data for accessory
structures, complaints from area residents, and staff's collective professional experience, staff is
recommending that the maximum gross floor area of the accessory stnicture(s) shall not exceed
50% of the gross floor area of the principal stnicture of residential uses only. This limitation
shall not apply to a residential lot that has been designated as an agricultural use by the Denton
County Appraisal District.
PROPOSAL
Refer to Exhibit 2 Worlcing Draft. Please note that langtiage added are shown in blue and
language deleted are shown in red.
PRIOR ACTION/REVIEW
April 3, 2012 City Council Work Session
April 25, 2012
May 9, 2012
June 20, 2012
TLily 11, 2012
Planning and Zoning Commission Work Session
Planning and Zoning Commission Work Session
Planning and Zoning Commission Work Session
Planning and Zoning Commission Public Hearing
OPTIONS
1. Direct staff to continue with the proposed Code Amendment as submitted.
2. Recommend changes to the proposed Code Amendment.
RECOMMENDATION
The Planning and Zoning Commission recommends approval 7-0 of the proposed Code
amendments.
Staff recommends approval of the proposed Code amendments.
EXHIBITS
1. Aerial Photograph
2. Worlcing Draft
3. Clean Version
4. Minimum Side Yard Setback Requirements
5. Building Pernuts for Accessory Stnictures Finaled Within 2 Years
6. July 11, 2012 — Planning and Zoning Commission Meeting Minutes
Agenda Information Sheet
August 7, 2012
Page 4
Prepared by:
����
Ron Mengtiita, AICP
Development Review Liaison
Respectfully submitted:
�
Marlc Cunningham, AICP, CPM
Director, Planning and Development Department
Exhibit 1
Aerial Photograph
� � � � � �
,�
� �
Exhibit 2
Working Draft
Staff recommends that Subchapter 35.12.4.B of the DDC be amended to read as follows:
B. Genersil Re�,��lsltions
1. The �� ~�'���~�' square footage of the T-�_ ��� <__ �-r ___° ���� ? accessor� structure(s) shall
c�be uicluded «-hen c,�lct�latui�; the ��:. ;Ta� ma�imum lot co�-erage permitted b�-
tlie �;o�-ernui�; zonui�; district specified u� Subchapter 3�.�.
2. The m,LSUntun �;ross floor ,uea of the accessoi-�- stnichue(s) sh,�ll not esceed �()° o of the �;ross
floor ,uea of the pruicip,�l stnicttue of residenti,�l uses on1�-. This lunitation sh,�ll not app1�- to a
residenti,�l lot that has been desi;;nated as ui a�;rict�lhu,�l use b�- tlie Denton Count�- _�pprais,�l
District.
3. �e-����r � ,-�%ith the e�ception of non-residential detached carports, gas station
c�u�opies, gas station car�`-ash facilities, �u�d securit�-/entr�- booths, accessor�- stnicttues are
prohibited from bein�; located in front or side �-ards. -�ccessor�- stnichues on a kuider�;,uten,
elesnent�u-�T, middle or high school propert�- ma�T be located in siae �T�u-ds, but �ue prohibited from
beui�; located in front �-ards.
4. E�cept �s prozTided u� 3�.12.�.B.�, -�accessor� structures shall be setback a minimum of three (3)
feet from side �u�d re�u- � propert� lines < �,� ��< �. - < .
�. -�ccessor�- structtues that are located ui a kinder�;,uten, eleinentai�-, middle or hi;;h school corner
lot side �T�ud of that is adjacent a street shall be set back in compliance with the zoning district's
minimwn side �T�u-d setback requirement.
6. No portion of an accessor� structure ma� be located in, or encroach upon, an� easement.
7. �11 accessor� structures that require a building permit per the Buildu�g Code shall be
architecturall� compatible with its associated principal structure., or screened from �Tiew of
abutting properties and public rights-of-wa�. In this context, the term "architectural
compatibility" includes, but is not limited to, consistenc� in: roof pitch, e�terior construction
materials, e�terior color, and architectural design and detail.
8. Uuest quarters shall be located on the sarrie lot as an e�isting detached single-farriil� use., ��rr�=
be attached to the principal building or be located within a detached accessor� building, u�d shall
be subject to tlie follo«-ui�;:
a. No more than one (1) guest quarters per lot shall be allowed.
b. Uuest quarters shall not be used as rental units or as a permanent secondar� dwelling unit.
c. Uuest quarters shall be ser�Ted b� the sarrie utilit� meters as the primar� dwelling.
Exhibit 3
Clean Version
Staff recommends that Subchapter 35.12.4.B of the DDC be amended to read as follows:
B. Genersil Re�,��lsltions
1. The square footage of the accessor� structure(s) shall be included when calculating the ma�imum
lot co�Terage permitted b� the go�Terning zoning district specified in Subchapter 3�.�.
2. The ma�imum gross floor area of the accessor� structure(s) shall not e�ceed �0°% of the gross
floor area of the principal structure of residential uses onl�. This limitation shall not appl� to a
residential lot that has been designated as an a�icultural use b� the Denton Count� �ppraisal
District.
3. �'ith the e�ception of non-residential detached carports, gas station canopies, gas station
car��ash facilities, and securit�/entr� booths, accessor� structures are prohibited from being
located in front or side �ards. �ccessor� structures on a l�indergarten, elementa�, middle or
high school propert� ma� be located in side �ards, but are prohibited from being located in front
�-ards.
4. E�cept as pro�Tided in 3�.12.4.B.�, accessor� structures shall be setback a minimum of three (3)
feet from side and rear propert� lines.
�. �ccessor� structures that are located in a l�indergarten, elementar�, middle or high school corner
lot side �ard of that is adjacent a street shall be set back in compliance with the zoning district's
minimum side �ard setback requirement.
6. No portion of an accessor� structure ma� be located in, or encroach upon, an� easement.
�11 accessor� structures that require a building permit per the Building Code shall be
architecturall� compatible with its associated principal structure, or screened from �Tiew of
abutting properties and public rights-of-way. In this context, the term "architectural
compatibility" includes, but is not limited to, consistency in: roof pitch, exterior construction
materials, e�terior color, and architectural design and detail.
8. Uuest quarters shall be located on the sarrie lot as an e�isting detached single-farriil�, be attached
to the principal building or be located within a detached accessor� building, and shall be subject
to the following:
a. No more than one (1) guest quarters per lot shall be allowed.
b. Uuest quarters shall not be used as rental units or as a permanent secondar� dwelling unit.
c. Uuest quarters shall be ser�Ted b� the sarrie utilit� meters as the primar� dwelling.
Exhibit 4
Minimum Side Yard Setback Requirements
Zoning Districts Minimum side Minimum side
yard yard adjacent
to street
RI)-5 10 feet 50 feet
RC 10 feet 50 feet
NR-1 6 feet 10 feet
NR-2 6 feet 10 feet
NR-3 6 feet 10 feet
NR-4 6 feet 10 feet
NR-6 6 feet 10 feet
NRMU-12 6 feet 10 feet
NRMU 6 feet None
I)R-1 6 feet 10 feet
I)R-2 6 feet 10 feet
DC-N None None
DGU None None
CM-U None None
CM-E None 10 feet
RCR-1 6 feet 10 feet
RCR-2 6 feet 10 feet
RCGN 6 feet 6 feet
RCC-D None None
EC-C None None
EGI None 10 feet
IGE 6 feet 10 feet
IGU 6 feet 10 feet
PERMIT NO
1205-0357
1107-0170
1111-0456
1103-0676
1106-0200
1107-0526
1201-0335
1012-0013
1204-0220
1203-0546
1201-0196
1106-0285
1107-0509
1007-0194
1001-0171
1103-0254
1011-0174
1104-0396
1203-0275
1103-0487
1201-0324
1007-0393
1105-0323
1204-0311
1008-0032
1011-0167
1007-0168
1106-0195
1008-0026
1005-0046
1105-0226
0901-0291
1109-0784
1004-0384
1109-0820
1104-0095
1007-0156
1202-0203
1111-0515
1204-0279
1205-0162
1205-0288
1106-0167
1006-0054
1007-0585
1007-0592
1006-0396
1010-0050
1010-0222
1006-0268
1105-0122
1107-0455
1201-0334
1111-0384
1204-0472
1204-0574
1106-0020
1203-0581
APPLIED
5/14/2012
7/12/2011
11/21/2011
3/29/2011
6/10/2011
7/28/2011
1 /18/2012
11 /29/2010
4/10/2012
3/27/2012
1/11/2012
6/15/2011
7/28/2011
7/9/2010
1 /13/2010
3/11 /2011
11 /9/2010
4/18/2011
3/13/2012
3/22/2011
1 /18/2012
7/19/2010
5/17/2011
4/13/2012
8/3/2010
11 /8/2010
7/8/2010
6/9/2011
8/2/2010
5/5/2010
5/13/2011
1 /21 /2009
9/28/2011
4/20/2010
9/29/2011
4/4/2011
7/8/2010
2/14/2012
11/22/2011
4/13/2012
5/3/2012
5/9/2012
6/8/2011
6/2/2010
7/27/2010
7/27/2010
6/17/2010
10/4/2010
10/13/2010
6/11 /2010
5/5/2011
7/26/2011
1 /18/2012
11 /15/2011
4/23/2012
4/25/2012
6/2/2011
3/28/2012
FINALED DESCRIPTION
6/29/2012 1202-0472 CARPORT
8/10/2011 12X16 STORAGE SHED
2/23/2012 12'x16' Storage space with a 6' porch
5/19/2011 14' X 16' SHADE ARBOR
8/30/2011 200 SF CEDAR ARBOR
9/28/2011 420 SQ FT ARBOR, KITCHEN & FIREPIT
3/6/2012 ACCESSORY STRUCTURE
1/4/2011 ADD 12 X 16 TUFF SHED & 4' PORCH
5/23/2012 ARBOR WITH ELECTRIC
4/12/2012 ARBOR WITH RAIL
4/5/2012 ARBOR, PATIO COVER, BAR/GRILL AREA
7/12/2011 BUILD ARBER AND STORAGE AREA
11/28/2011 BUILD NEW ARBOR & REPLACE PATIO
10/21/2010 BUILD POOL HOUSE
7/27/2010 CABANA W/ FIREPLACE AND TRELLIS
6/14/2011 CABANA WITH GRILL
12/15/2010 CEDAR ARBOR
6/14/2011 CEDAR ARBOR
4/9/2012 CEDAR ARBOR SHADE
5/3/2011 CEDAR PERGOLA
2/17/2012 CEDAR SHADE STRUCTURE
9/29/2010 COVERED CABANA BY POOL
6/2/2011 COVERED PATIO & CEDAR ARBOR
5/4/2012 DECK & ARBOR
1/11/2011 DETACHED 9 X 16 PERGOLA
1/4/2011 DETACHED COVERED PATIO
10/28/2010 DETACHED GARAGE
8/17/2011 -DETACHED GARAGE
3/17/2011 DETACHED GARAGE "'MIN FFE 545.0"'
7/14/2011 DETACHED GARAGE "'MIN FFE=548.5"'
6/23/2011 FREE STANDING ARBOR
9/22/2010 GREEN HOUSE
3/12/2012 GUEST HOUSE
9/8/2010 METAL BUILDING
11/22/2011 METAL GARAGE ADDITION
8/31/2011 OPEN ARBOR
9/29/2010 OUTDOOR KITCHEN
3/30/2012 PATIO COVER & ARBOR
12/21/2011 PAVILLION
5/4/2012 Pergola
5/16/2012 PERGOLA
5/30/2012 PERGOLA
12/15/2011 PERGOLA
8/6/2010 PERGOLA IN BACKYARD
8/16/2010 PERMANENT STORAGE CONTAINER
8/17/2010 PERMANENT STORAGE CONTAINERS
7/27/2010 PORTABLE STORAGE BLDG
12/16/2010 RES REMODEL- PERGOLA
10/27/2010 SCREEN ROOM
8/3/2010 SHADE/GARDEN
8/15/2011 STORAGE & SHOP
8/12/2011 STORAGE 384 SQ FT
3/15/2012 STORAGE BUILDING
2/9/2012 STORAGE BUILDING
5/29/2012 STORAGE BUILDING
5/23/2012 STORAGE BUILDING 12X12
7/25/2011 STORAGE SHED
5/31/2012 STORAGE SHED
ACCESSORY (SF)
319
192
192
224
200
420
369
192
121
250
380
390
368
697
500
178
203
280
400
378
240
342
695
100
144
300
247
1048
1200
1500
156
864
495
960
336
234
400
450
196
144
120
160
168
192
312
156
288
686
180
192
392
384
768
1704
312
144
256
357
PRIMARY (SF) PERCENTAGE
3344 20.84%
3979 12.57%
2642 26.31 %
4799 21.84%
3049 39.36%
4073 36.83%
1303 66.31 %
2830 33.92%
2700 25.41 %
3708 20.71 %
2970 57.37%
Exhibit 6
MINUTES
PLANNING AND ZONING COMMISSION
July 11, 2012
2. Receive a report, hold a discussion, and �ive staff direction re�ardin� ainendin� Subchapter
35.12 of the Denton Developinent Code re�ardin� allowin� accessorv structures to be
located in the side vards of lcinder�arten, eleinentarv, iniddle and hi�h schools.
Menguita provided a brief background, including the prior action taken on this item. Menguita
stated this request is to allow the Denton City County Day School to place an accessory stnicture
within the side yard of their property. Lyke referred to Exhibit 5 of the staff report questioning
that accessory stnictures shall have no more floor area than 50% of the principal stnicture. Lylce
stated the properties that have 4,000-5,000 square foot houses would allow the accessory
stnicture to be 2,500 square foot, which is the size of another house on the property. Lylce
questioned if there would be neighborhoods that are held bacic in the development due to the
houses being smaller. Menguita stated those houses might be able to go before the Zoning Board
of Adjustment (ZBA). Taylor questioned if those hardships would be able to go before ZBA at
this time, Menguita stated no there would need to be an amendment in the code to allow that.
Conner questioned what exactly is considered gross floor area; Menguita stated that information
is located through the Denton Central Appraisal District; which includes attached garages and
porches. Cunningham added that is not just the footprint of the house it includes the full floor
area. Bentley referred to General Regulation item one where the statement "specified in
Subchapter 5" was removed from the regulation, Menguita stated that can be added bacic in to
the general regulation. Lylce questioned older houses and properties that have detached garages,
Menguita stated those would be considered an accessory stnicture.
Cunningham questioned the Comnussioners regarding their input related to the maximum 50%
gross floor area of the principal stnicture; Bentley stated he is in favor of the maximum 50%
linut; however, he would lilce there to be the option to go before the ZBA. Schaalce agreed with
Commissioner Bentley's statement. Chairman Thomas requested Menguita to add the statement
from Commissioner Bentley into his proposal; Menguita stated he would add Bentley's
statements during the Public Hearing item.
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
Receive a report, hold a discussion and give staff direction regarding Board and Comnussion
nominations, ad hoc comnuttee nominations, and Council committee nominations.
BACKGROUND
Attached are the nonunations Council has submitted for boards and commissions positions. Any
nominations made during the Work Session will be added to the list prior to consideration.
Council will be voting on approval of these nonunations at the regular meeting.
Also attached is the current list of Council committees and ad hoc comnuttees. Any changes
made during the Work Session will be noted prior to consideration at the regular meeting.
If you require any further information, please let me lcnow.
Respectfully subnutted:
Jennifer Walters
City Secretary
S:ACin� Secretaiti��Boards & Comm\Agenda Info Sheet for Nominarions WS 2012.doc
08/03/2012
BOARD AND COMMISSION NOMINATIONS
Board Council Member Nomination
Airport Advisory Board Engelbrecht
Watts Martin Mainja (R)
I<amp Nanci I<immey (N)
Burrou hs I<aren Dickson (R)
Animal Shelter Advisory Committee Roden Laura Chandler-Stukel (N)
Gregory Woodie Wilson (R)
I<a m p
I<i n
Community Development Advisory Cmte. Engelbrecht
I<amp Gerard Hudspeth (R)
Burroughs Bob Gorton (R)
All
All
Health & Building Standards Commission Gregory Rod Reeves (R)
Watts Rosanne Ciccia (R)
All
All
Historic Landmark Commission Gregory Deb Conte (R)
Burroughs Scott Campbell (N)
All
Human Services Advisory Cmte. Gregory Sara Bagheri (R)
Watts ,James McDade (R)
All Mary Ann McDuff (R)
All
Library Board Engelbrecht
Watts Lauren Womack (R)
Burrou hs Frank Ma hew (R)
Parks, Recreation & Beautification Board Gregory David Rowley (R)
Engelbrecht
Watts Paul Leslie (N)
I<a m
Planning and Zoning Commission Engelbrecht
I<a m p
I<i n
Public Art Committee Gregory Robyn Lee (R)
Engelbrecht
Watts
I<ing
Burroughs Nancy Walkup (R)
R - Reappointment
N - New Nomination
08/03/2012
BOARD AND COMMISSION NOMINATIONS
Board Council Member Nomination
Public Utilities Board Engelbrecht
Traffic Safety Commission Roden ,John Murphy
Gregory
Engelbrecht
I<i n
Zoning Board of Adjustment Gregory Greg ,Johnson (R)
I<a m p
Burrou hs
R - Reappointment
N - New Nomination
COUNCIL COMMITTEE ASSIGNMENTS
201 1-2012
COMMITTEE MEMBERS
Agenda Burroughs�`
I<am p
Airport Committee Engelbrecht�`
I<am p
Watts
Audit/Finance I<ing
Watts�`
Roden
Council Appointee Performance Review Engelbrecht�`
I<am p
Burroughs
Mobility I<amp�`
Burroughs
Gregory
Environment Watts
I<am p �`
Gregory
Ethics Engelbrecht
Roden
Gregory
Hotel Occupancy Tax Gregory
Watts
I<am p �`
EXTERNAL
Community,Justice Roden
Convention and Visitors Bureau I<amp
Roden
I<i n
Dallas Regional Mobility Coalition I<amp
Lake Ray Roberts P&Z Engelbrecht
North Texas Commission Burroughs
Regional Transportation Council I<amp
Texas Municipal Power Agency Watts
AD HOC
Development Code Review I<ing
Burroughs
Engelbrecht
Property Maintenance Code Committee Engelbrecht
Watts�`
I<ing
Revised 6/29/11
AGENDA DATE:
AGENDA INFORMATION SHEET
ALIgLISt %, ZOIZ
DEPARTMENT: Finance
ACM:
SUBJECT
Jon Fortune �
Receive a report, hold a discussion, and give staff direction regarding the 2012-13 Proposed
Budget, Capital Improvement Program and Five-Year Financial Forecast.
BACKGROUND
The FY 2012-13 City Manager's Proposed Budget was submitted to the Council on July 27.
Staff provided the City Council with a comprehensive overview of the proposed budget at a
Budget Worlc Session on Augtist 2, 2012.
The purpose of this agenda item is to provide the City Council with an additional opportunity for
questions and dialogue.
Below is the schedule we will follow to adopt the budget and tax rate:
Augtist 7
Augtist 21
Augtist 28
September 11
Vote to Consider a Proposal for a Tax Increase prior to publishing
Notice of Hearing (if necessary)
Public Hearing on Proposed Budget
lst Public Hearing on Tax Rate (if necessary)
2"a Public Hearing on Tax Rate (if necessary)
City Council Adopts Budget and Tax Rate
I loolc forward to discussing the budget materials in detail with you. If you have any questions,
or need additional information, please let me lcnow.
Respectfully Submitted By:
� �" „��-
��� �"� .
Bryan Langley
CFO and Director of Strategic Services
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Human Resources
ACM: Jon Fortune �
SUBJECT
Consider the re-appointment by the City Manager of Paul Abbott to the Civil Service
Commission.
BACKGROUND
When Civil Service Commissioner, Peggy Fox, resigned her term on the Civil Service
Commission effective May 2011, Paul Abbott was appointed to serve the remainder of her
unexpired term. This term expired on Augtist 3, 2012; therefore, in compliance with Chapter
143.006 (b) of the Texas Local Government Code, the municipality's chief executive (City
Manager) shall appoint a member to serve a three-year term and the governing body (City
Council) shall confirm this appointment.
RECOMMENDATION
The City Manager has elected to re-appoint Paul Abbott to the Civil Service Commission.
PRIOR ACTION/REVIEW
There has been no prior action or review on this agenda item.
FISCAL INFORMATION
This item has no fiscal impact.
Respectfully s�� litted:
�G'��!!��,�i-r�z.��r2e f `�s'C��!';.c,�7�tGc,�u
s
Carla Haggmarlc-Romine
Director of Human Resources
Paul Abbott
Paul Abbott is a resident of Denton and retired from the Denton Police Department
(DPD) in January 2010, having served the DPD for over 37 years. During that time he
served as Commander for each of the department's three bureaus, supervising patrol
operations, investigations, training, & management of the department's budget. He
organized and commanded the department's Tactical (SWAT) unit and supervised over
60 high-rislc tactical operations, with no loss of life. Mr. Abbot served as an Area
Commander during the department's implementation of Community Oriented Policing,
and has instnicted Community Policing practices in police academies across the U. S., the
former Soviet Republic of Georgia, and San Nicolas de los Garza, N.L. Mexico. He
served as the interim Police Chief for the Denton Police Department from March 7, 2011,
until October 25, 2011.
Before joining the Denton Police Department in 1972, Paul served in the U.S. Army.
Initially trained as a Military Policeman, he served with the 25th Infantry Division in
South Vietnam. Following this tour of duty he was assigned to Military Intelligence,
worlcing in West Germany for two years.
He holds the Texas Commission on Law Enforcement Officer Standards & Education
Master Police Officer License & Police Instnictor License, and is a graduate of the FBI
National Academy in Quanticq Va. He also served as an adjunct faculty member for
North Central Texas College for 13 years. He is currently a member of the Civil Service
Commission for the City of Denton.
Sec. 143.006. IMPLEMENTATION: COMMISSION. (a) On
adoption of this chapter, the Fire Fighters' and Police
Officers' Civil Service Commission is established in the
municipality. The chief executive of the municipality shall
appoint the members of the commission within 60 days after the
date this chapter is adopted. Within 30 days after the date the
municipality's first full fiscal year begins after the date of
the adoption election, the governing body of the municipality
shall implement this chapter.
(b) The commission consists of three members appointed by
the municipality's chief executive and confirmed by the
governing body of the municipality. Members serve staggered
three-year terms with the term of one member expiring each year.
If a vacancy occurs or if an appointee fails to qualify within
10 days after the date of appointment, the chief executive shall
appoint a person to serve for the remainder of the unexpired
term in the same manner as the original appointment.
(c) A person appointed to the commission must:
(1) be of good moral character;
(2) be a United States citizen;
(3) be a resident of the municipality who has resided
in the municipality for more than three years;
(4) be over 25 years of age; and
(5) not have held a public office within the
preceding three years.
(c-1) Notwithstanding Subsection (c)(5), the
municipality's chief executive may reappoint a commission
member to consecutive terms. A commission member may not be
reappointed to more than a third consecutive term unless the
member's reappointment to a fourth or subsequent consecutive
term is confirmed by a two-thirds majority of all the members of
the municipality's governing body.
(c-2) Subsection (c)(5) does not prohibit the
municipality's chief executive from appointing a former
commission member to the commission if the only public office
held by the former member within the preceding three years is
membership on:
(1) the commission; or
(2) the commission and the municipality's civil
service board for employees other than police officers and
firefighters through a joint appointment to the commission and
board.
(c-3) Subsections (c-1) and (c-2) do not apply to a
municipality with a population of 1.5 million or more.
(d) In making initial appointments, the chief executive
shall designate one member to serve a one-year term, one member
to serve a two-year term, and one member to serve a three-year
term. If a municipality has a civil service commission
immediately before this chapter takes effect in that
municipality, that civil service commission shall continue as
the commission established by this section and shall administer
the civil service system as prescribed by this chapter. As the
terms of the members of the previously existing commission
expire, the chief executive shall appoint members as prescribed
by this section. If necessary to create staggered terms as
prescribed by this section, the chief executive shall appoint
the initial members, required to be appointed under this
chapter, to serve terms of less than three years.
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Parks and Recreation
,��
��"
ACM: Fred Greene �
SUBJECT
Consider approval of a resolution allowing the Denton Blacic Chamber of Commerce to be the sole
participant allowed to sell alcoholic beverages at the Blues Festival on September 15 - 16, 2012,
upon certain conditions; authorizing the City Manager or his designee to execute an agreement in
conformity with this resolution; and providing for an effective date. The Parks, Recreation and
Beautification Board recommend approving the request with a vote of 4-0.
BACKGROUND
Since 2007, the Blues Festival has sold alcohol at the event held in Quakertown Park. The Denton
Blacic Chamber of Commerce is requesting to be allowed to sell alcoholic beverages at the 2012 two-
day event. With City Council's approval, the sale of alcohol is permitted in Quakertown Park. Council
has approved the requests to sell alcohol at this event since 2007.
RECOMMENDATION
Staff recommends approval of the resolution and agreement as submitted, which is consistent with
agreements with other co-sponsored events.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
At the July 2, 2012 meeting, the Parks, Recreation and Beautification Board recommended
approving the request with a vote of 4-0.
FISCAL INFORMATION
None.
EXHIBITS
1. Letter of Request
2. Parlcs, Recreation and Beautification Board Minutes of July 2, 2012
3. Proposed Resolution
4. Quakertown Agreement
Respectfully submitted:
�.��+'+W°"'..1�,. ��
�
Emerson Vorel
Director of Parks and Recreation
Prepared by:
� � `c�.�
Janie McLeod
Community Events Coordinator
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DRAFT
Parks, Recreation and Beautification Board
Minutes
July 2, 2012
Civic Center Communit�T Room
Members present: Carol Brantley, Vicici Byrd, Da�e Rowley; Janet Shelton
Members absent: Alex Lieban, Derricic Murray, Russ Stulcel
Staff present: Emerson Vorel, Amanda Green, Mary Aulcerman
REGULAR MEETING
1. CALL TO ORDER — Vice Chairman Brantley called the meeting to order at 6:02 p.m.
2. APPROVAL OF MINUTES OF May 7, 2011 MEETING: Shelton made a motion to approve
the nunutes as written, Rowley seconded and the motion carried with a vote of 4-0.
3. AWARDS AND RECOGNITIONS:
Vorel told the Board that the Mayor signed a proclamation on June 19, 2012, declaring July
as Park and Recreation Month, in conjunction with the U.S. House of Representatives
designation to that affect, as well as the National Recreation and Parlcs Association (NRPA).
4. ACTION ITEMS:
A. Sale of Alcoholic Beverages at the 14th Annual Blues Festival — Vorel stated that this is
the 14th year the event has been held in Quakertown Park and is scheduled for September 15
and 16, 2012. He informed the Board that there have been no incidents or issues at the event
and the event organizers will obtain the security and insurance as required. Byrd aslced if
others will be allowed to sell alcoholic beverages, since it was not stated specifically in the
letter. Vorel said that the item that goes before Council will state that the Blacic Chamber of
Commerce will be the sole participant allowed to sell alcoholic beverages at the event.
MOTION: Rowley made the motion to recommend to Council that the Denton Blacic
Chanlber of Commerce be allowed to sell alcoholic beverages at the Blues Festival in
Quakertown Park on September 15 and 16, 2011. Shelton seconded the motion and it carried
with a vote of 4-0.
5. DISCUSSION ITEMS:
A. Update on the Sale of Books by the Public Art Committee — Amanda Green stated that
the 1,000 boolcs have arrived and are being stored until the boolc dedication in August. The
boolc will sell for $24.99 at the event and the artists and poets will be available to sign the
boolcs. Green explained to the Board that it was difficult to figtire out how we would sell the
boolc after the initial unveiling. The boolcs will be available at the Denton libraries and the
Civic Center until the end of October. On November 1, 2012, the book will be a�ailable on a
competitive bid basis with the minimum wholesale price being $10 per boolc. The goal is to
get the boolcs into the hands of those that are interested in a boolc on Denton history.
Brantley suggested we contact the genealogy group at the library. Green stated that each
library will be given a copy as well as the libraries at each school in Denton. Any money
received from the sale of the boolc will go bacic into the HOT Funds.
B. Update on the pending Bond election and Public Art Funding — Vorel stated that the
Bond Committee is worlcing on a$20 million dollar street bond to be voted on later this
year. According to the resolution now in place, the Public Art Committee is to receive 2% of
that for a total of $400,000. Since there is concern that a separate proposition for the Public
Art funds may not pass, the Bond Committee recommended that the street bond and the
Public Art bond be combined on one proposition for a total of $20,400,000. The $400,000 is
tied to the I-35 art enhancement, which ties bacic to a street project, as dictated by Texas
law. Council has not yet decided how the proposal will be put on the ballot.
Council has stated that they want enhanced art at the intersection of I-35 and Hwy. 380
(University Drive), which the City will pay for. Brantley aslced when this would talce place
and Vorel said it should be within the next couple of years. Vorel said that form liners would
probably be the medium selected for the enhancements. Form liners are 3-dimentional, with
the picnire cast in the concrete. Pictures of existing form liners in North Texas will be sent
to the Board so they will have a better understanding of what they are.
6. OTHER BUSINESS:
A. Parks Department Projects Status Report
Mays updated the Board on various proj ects on the list, including:
Quccke�town Pcc�k — Some suggestions have been made to improve ADA compliance for the
new sidewallcs in Qualcertown Parlc.
Mccck Pcc�k— The new picnic shelter has been put up, the floor still needs to be poured.
Denton B�ccnch Rccil T�ccil B�idge P�oject — The constniction contract was approved by
Council on May 15, 2012. The bridge was officially named the D�. Ma�tin Luthe� King, J�.
Pedest�ian C�ossing B�idge on June 28, 2012 at the ground brealcing ceremony. Vorel will
bring the concept board that was displayed at that event to the August Parlc Board meeting.
McKccmy-Eve�s-Coope� C�eek T�ccil B�idge — Parlcs is worlcing with the City's drainage
department to worlc out a problem with the location of the bridge. It was engineered to be in
the drainage easement but it will need to be moved out of the easement.
(hvsley Pcc�k — The shelter was built in time for the first weelc of the summer food program.
The rest of the parlc proj ect is moving forward.
No�th Lcckes Adult ,S'occe� Field Development P�oject — We are in negotiations to buy the
property. Additional funding for the purchase has not yet been identified.
B. Public Art Committee Meeting Minutes Draft for June 14, 2012 —,S�election Committee
fo� A�tist fo� Ai�po�t P�oject — Vorel told the Board that next year's Public Art proj ect will
be located at the entrance to the Denton Municipal Airport. The theme is flight. An RFP is
out and the committee will malce a selection based on what is submitted. They are letting the
individual artists define flight as they see fit. The project budget is $32,000, which will also
include the base the selected piece will sit on.
C. Entryways — Byrd aslced if any progress had been made on this project. Vorel stated that
proposals ha�e been reviewed for an engineering firm for this project defined as way finding.
D. Avondale and Nette Schultz Park Easement — Brantley wanted to lcnow when this project
would get started and what the timeline was. Vorel stated that this is an Engineering project,
not Parks, but he lcnows that the easement has been approved by City Council.
E. Rugby Tournament — Shelton wanted to lcnow how the tournament went. Vorel said that the
tournanlent was very successful. This was the first time that alcohol was legally allowed in
North Lalces Parlc and the crowd was very well behaved, no issues occurred
7. FUTURE AGENDA ITEMS:
NONE
With no further items on the agenda, Vice Chairperson Brantley aslced for a motion to adjourn the
meeting. Byrd made the motion to adjourn, Shelton seconded and the meeting adjourned at 6:39 p.m.
\\codad\departments\legat\our documents�resolutions\12\blues festival alcohol sell.doc
RESOLUTION NO.
A RESOLUTION ALLOWING THE BLACK CHAMBER OF COMMERCE TO BE THE
SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BLUES
FESTIVAL SEPTEMBER 15-16, 2012, UPON CERTAIN CONDITIONS; AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN
CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Denton ("City") is the owner of the Qualcertown Parlc; and
WHEREAS, the consumption of alcoholic beverages is allowed in the Qualcertown Parlc
pursuant to City of Denton Code, §22-32 (b); and
WHEREAS, the City Council iinds that it is in the public interest to select only one
vendor of alcoholic beverages at the Blues Festival; and
WHEREAS, the Blacic Chamber of Commerce (called "Chamber") has requested that
they be the sole participant allowed to sell alcoholic beverages at this year's Blues Festival
September 15-16, 2012; and
WHEREAS, the Parlcs, Recreation, and Beautification Board has recommended that the
Chamber be the sole participant allowed to sell alcoholic beverages at the Blues Festival; and
WHEREAS, the City agrees with the recommendation of the Parlcs, Recreation, and
Beautiiication Board; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1.
the Blues Festival
conditions:
1.
2.
3,
4.
Chamber shall be the sole participant allowed to sell alcoholic beverages at
September 15-16, 2012 at the Qualcertown Parlc upon the following
They shall be responsible to obtain the temporary license and
permit for selling alcoholic beverages approved by appropriate
state agency;
They shall provide the security necessary for the sale of alcoholic
beverages;
They shall provide general comprehensive liability insurance from
a responsible carrier, with the City as an additional insured, in the
amount of $500,000.00;
They agree to indemnify the City of Denton against any liability
incident to the selling of alcoholic beverages at the Blues Festival.
SECTION 2. The City Manager or his designee is authorized to execute an agreement in
conformity with this Resolution, which shall be substantially in the form of the agreement
attached hereto and made a part hereof by reference.
\\codad\departments\(egal\our documents�resolutions\I2\blues festival alcohol sell.doc
SECTION 3, This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:_
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
,� �,� ;,� _..�
BY• �`.�;� ,�,%�s ��i�
�
MARK A. BURROUGHS, MAYOR
Page 2 of 2
c:\documents and settings\remyles\local settings\temporary internet files\content.ouUook\cxtuqwds\blues festival alcohol contract.doc
QUAKERTOWN PARK AGREEMENT FOR
THE BLUES FESTIVAL
STATE OF TEXAS
COUNTY OF DENTON
This Agreement, made this day of , 2012, by and between the
City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and the Black
Chamber of Commerce, (called "CHAMBER").
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 1
GENERAL
The City grants to CHAMBER the exclusive privilege to distribute/sell alcoholic
beverages, subject to the exceptions and conditions hereinafter set forth, for the Blues Festival
September 15-16, 2012 to be held at Quakertown Parlc. This privilege does not extend beyond
the date of the Blues Festival for the year 2012.
ARTICLE 2
SCOPE OF SERVICES
CHAMBER in order to exercise the privilege to distribute/sell alcoholic beverages must
perform the following:
A. CHAMBER shall be solely responsible for the rental and payment for any booth space
necessary for the distribution/sale of alcoholic beverages at the Blues Festival.
B. CHAMBER shall be solely responsible to obtain any temporary license and permit
necessary for the distribution/sale of alcoholic beverages at the Blues Festival.
C. CHAMBER shall be solely responsible for the obtaining and paying for any security
necessary for their distribution/sale of alcoholic beverages at the Blues Festival.
CHAMBER'S failure to do any of the above and to show proper proof of compliance
shall waive their right to exercise the privilege of distributing/selling alcoholic beverages
at the Blues Festival.
ARTICLE 3
LOCAL RULES AND REGULATION
CHAMBER agrees to abide by all municipal, county, state and federal laws, ordinances,
rules and regulations and specifically, without limitation, the Qualcertown Park Rules and
Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to
comply with the requirements of any duly authorized person acting in connection therewith.
CHAMBER shall pay all taxes, if any, of every nature and description arising out of or in any
manner connected with the distribution/sale of alcoholic beverages.
CHAMBER will exercise reasonable care and due diligence in their distribution/sale of
alcoholic beverages at the Blues Festival.
ARTICLE 4
INDEMNITY AGREEMENT
CHAMBER shall indemnify and save and hold harmless the CITY and its ofiicers,
agents, and employees from and against any and all liability, claims, demands, losses, and
expenses, including but not limited to, court costs and reasonable attorney fees incurred by the
CITY, and including, without limitation, damages for bodily and personal injury, death and
property damage, resulting from the negligent acts or omissions of CHAMBER or its officers,
shareholders, agents, or employees in the execution, operation, or performance of this
Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 5
INSURANCE
During the performance of the Agreement, CHAMBER 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 occui7•ence and not less than $500,000 in the aggregate, and with
property damage limits of not less that $100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event
occurring on City-owned property where alcohol will be provided or served.
Blues Festival — Page 2
C. CHAMBER shall furnish insurance certificates or insurance policies at the CITY' S
request to evidence such coverages. The insurance policies shall name the CITY as an
additional insured on all such policies, and shall contain a provision that such insurance
shall not be canceled or modified without written notice to the CITY and CHAMBER. In
such event, CHAMBER shall, prior to the effective date of the change or cancellation,
serve substitute policies furnishing the same coverage.
ARTICLE 6
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to 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 CHAMBER:
To CITY:
Black Chamber of Commerce CITY OF DENTON:
Kerry Goree, Chairman City Manager
P.O. Box 51026 215 E. McKinney
Denton, TX 76206 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 7
ENTIRE AGREEMENT
This Agreement, consisting of five (5) pages and (1) 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 8
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this 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.
Blues Festival — Page 3
ARTICLE 9
DISCRIMINATION PROHIBITED
In performing the services required hereunder, CHAMBER shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
ARTICLE 10
PERSONNEL
CHAMBER 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 ofiicers of, or have any contractual relations with the CITY.
ARTICLE 11
ASSIGNABILITY
CHAMBER shall not assign any interest in this Agreement, and shall not transfer any
interest in this Agreement (whether by assignment, novation, or otherwise) without the prior
written consent of the CITY.
ARTICLE 12
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 13
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement: Exhibit "A"
Resolution No. .
B.
C. Venue of any
County, Texa:
of Texas.
suit or cause of action under this Agreement shall lie exclusively in Denton
This Agreement shall be construed in accordance with the laws of the State
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.
Blues Festival — Page 4
IN WIT`NESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CHAMBER has executed this Agreement
through its duly authorized undersigned officer on this the day of ,
2012.
CITY OF DENTON, TEXAS
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
t � � �
BY: "� � �'%
� .�-
-- r.., ,,.
BLACK CHAMBER OF COMMERCE
BY:
KE Y G E, CHAIRMAN
WIT'NES S :
C
Blues Festival — Page 5
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Parks and Recreation
��"
,�,,,
ACM: Fred Greene ��'
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of the 14th Annual
Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will
be held in Quakertown Park on Sat�irday, September 15, 2012, from 1:00 p.m. to 10:30 p.m. and
Sunday, September 16, 2012, from 1:00 p.m. to 8:30 p.m. The exception is specifically requested
to increase hours of operation for amplified sound on Sahirday from 10:00 p.m. until 10:30 p.m.
and for amplified sound on Sunday. The amplified sound will not go above the allowable 70
decibels for an outdoor concert.
BACKGROUND
The Denton Blacic Chamber of Commerce is hosting the 14th Annual Blues Festival featuring
Blues bands, singers, a talent show, food booths, arts and crafts and youth activities. The purpose
of the event is to attract visitors from the surrounding area and out of state. The event expects to
have 5,000 people in attendance to hear conventional Blues music performed by national and
local artists. The event strives to build a sense of community for Denton residents.
Amplified sound will be used for both music and public announcements.
RECOMMENDATION
Staff recommends approving the noise exception request.
EXHIBITS
1. Request Letter from the Denton Blacic Chamber of Commerce
Respectfully Submitted:
�;��- �� ��...�
Emerson Vorel
Director of Parks and Recreation
Prepared By:
� ���
Janie McLeod
Community Events Coordinator
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AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Fire
ACM: Jon Fortune �
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving a First Amendment to
the Meet and Confer Agreement between the City of Denton and the Denton Fire Fighters
Association, and providing for an effective date.
BACKGROUND
House bills 304 and 2892 granted certain municipalities the option to meet and confer with fire
and/or police associations and became effective in September 2005. While the bills do not
require cities to engage in a meet and confer process, it gives the legislative authority to
voluntarily meet with labor associations and discuss issues of importance to both parties. Cities
are not required to negotiate specific issues such as wages or other conditions for employment,
but may do so if desired.
In November 2005, the Denton Fire Fighters Association (DFFA) petitioned the City Council to
act as the sole and exclusive bargaining agent for sworn, civil service employees of the Denton
Fire Department. Following formal recognition in 2005, the City entered into a three-year Meet
and Confer Agreement (Agreement) with the DFFA that became effective on October 1, 2006.
Negotiations for this first Agreement allowed for honest and open communication between
management and labor that resulted in an improved labor/management relationship; a defined
marlcet based pay philosophy; and improved hiring, promotion and disciplinary processes. The
Agreement has provided for more flexibility outside of the statutory stnicture of current Civil
Service Law.
In June 2009, the Denton Fire Fighters Association and management representatives of the City
began meeting to negotiate a second Agreement which became effective on October 1, 2009.
Since then, management has regularly met informally with the DFFA. Management values the
open and continued dialog with the DFFA and believes that labor and management are generally
satisfied with the terms of the current Agreement.
The current three-year Agreement will expire on September 30, 2012, and members of the City
management team recently suggested to the DFFA that based on our mutual satisfaction of the
current Agreement, that an extension for two additional years would benefit both parties. As
such, a meet and confer meeting was held on July 11, 2012 for the purpose of the City presenting
a formal offer to extend the current Agreement to include Fiscal Years 2012-13 and 2013-14
Agenda Information Sheet
ALIgLISt %, ZOIZ
Page 2
with an option to terminate the Agreement by mutual consent prior to the commencement of
Fiscal Year 2013-14. At the meeting, both management and DFFA tentatively agreed to the
extension. The DFFA presented the tentative extension to their membership which was
approved. There were 88 members voting in favor of the agreement and 11 members voting
against it.
The attached ordinance allows for the approval of the amendment to the current Meet and Confer
Agreement extending it by two years though September 30, 2014 and includes updates to the
articles of the current Agreement that have time sensitive references. No terms have been
changed other than to provide for the extension of the Agreement.
RECOMMENDATION
Staff recommends approval of the ordinance.
FISCAL IMPACT
The proposed amendment does not impose any new fiscal impact.
EXHIBITS
1. Signed Proposal and Tentative Agreement to Implement First Amendment
2. Ordinance
3. First Amendment to Meet and Confer Agreement
4. 2009 Adopted Meet and Confer Agreement
Respectfully Submitted,
t�'"1
Jon Fortune
Assistant City Manager
PR()POSAL �z�cl TrNTA'CIVr AG12T+,CM�N'F
for CONSIDI;RATION nn Jul � 1 i 2U12
r11tST AM�NDMENT 'I'O
MCET AND CONr�R AG1tL+'I�MLNT
'1'HiS FIRST AM�NDM�NT TO TI-I�: MG�T AND CONI�I;R AGREENIEN'I'
BE'�1�11:EN T[IE CI'I'Y OT� DENTON AND llL;N"[�ON I�IIZF T'iGHT�;RS �SS�CiATTON,
IAl�� Loc�il 1291 eFfective tl�e isf d�}° of Ocic�bcr, ?.009, ("B��se f1g►�eei73e��E"} l�}j �ilcl bet�vee�i
Tk�e Denta3� Fi�•e Fi�l�ters Associ�tior�, IArF Local 1291 �i�cl Fl�e Cit}r ot Detftc�r�, Tex�s, � Texas
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"PiIE'IICS."
R�:CITALS
SEC`l'lON 1. Wi�e►•e<ES #��e t'arties e�ltereci � 14cet ����cl Cc�E�fer Agreei��e�7t el�i`ecti�fe Uctober f,
2009 refe�•rcd tn t35 the "B�tse f�grce���e��t" �VillCll COl]lltllltS lil �t��C[ �311CI C0171EE1ile5 f0 1'���C1 lI]�
313�eli� i113C� L�BS1t'C Of Pill'�1�S�
��CTION 2. RI�1�E'ei1S �Iie Bi1SC A�,i'�etl]�11� �Vill C��}iC� Se��ten3l�er 30, 2012, aiic� tlie I'arties
cEesire to e,r•te�id tlie t3ase A�;reemei�t bJf ��mei�cli��� Article l�} i�� El�e Base Agrcemenf lo pr•o��idc
�Lll' iill =�t��iitio»�! t�a�c� (2} years fai' I' 15C�3I Yetll'S 2� I Z-ZO C i and 2(� 3 3-2Q 1��vitl� tl�e �{�lion to
teci7�in��t� tkie Base AgE•cc�i����t l�y ii�ut���f ag��cejuent prio�� t� il�e co�ji�iteticen�ent of Fiscttl Year
2013-201 �1;
S�CTION 3. 1�Vfle►•eas the P���ties iiite�3c� to upc�ate �1►•iicle 9�s ��art nf'tl�eii� Ame�id���eitit;
S�C'I'I(}N �1. Where�s Articl� 14 of fhe B<�sc tlgree���e►�t ���•ovicEcs Ic��� exfe�zsioi� t�y titi=ritte«
��i�tlital ��recitiei�l �nc� Ai'ticle 15, Sectio�t 1 of the B�isc Agreei��e�it providcs fn►• ����ie��cir�ient, tife
P���'LIES 111Uftiil�Iy i��tc��ci to a»ie�icl n��c3 l�erel��� m�itu��ily �gE'c� la attiet�tl tlle }3�se Agceett�eE}t as
tol fc����s:
�I���tMS ot ���zr�.�t�N'r
SECTION 1. Amentl�i�e��t Confii�urttg Co��tr�ct.
A�•ticle l� "1'EiZ�vf OI� AGRFEMEN'I' of tiie B�se Agre�i�i���t is laere�y at��endec! to ��easi <�s
ii�flows:
E�It'I'IC�,1: i�l TERNI Ok� t1GR�:�i�1ENT
'1'l�is A�;ree�neitt sitr�ll I���le <�i� ci'!cClive tl�te ot 4clobe►• 1, 200�), a�id sl�alf i•c�»aiif i�i fi�ll
tai•ce �►tc� ef'f'e;eE t}�rortgli Sepie�ub�t� 30, 20f�1. '1'l�e P���•ties hereby e�lenc! all ti�e
i•ei1��i��iEt�; sections, �>a��:�g��t���l�s, se��te�sccs, cl:i�ESes, anci }�hrases af' llle �3�se t�gree���eilt
�ii�c9 s�it�ll rei���i�l it� fufl facce imci effect e�cc�jt tl�c�se �z�ore s�ecitic�tlly amei�ded bclow.
1lo�vever, this Agreei�fe�;t ��i�►y t�e r�vi��vec� k�y tl�e i'���•ti�s �i�ci i�ia�t l�e l�t'131111F3��E� �))�
t���.�t�ral a�t•eea�je7�t o�' �lte Fartie� �LS �f S�e}�t�t��k�e�� 30, ��13. if tlYe �.ssc�c;i��tic�z� c��• C;itiy
i��te��c�:� �� e�ea��:i�e t��e ���iiorl to kci����iy��t� I�}� n7��t���ul ��c°eer��eilt, it �i�ti�st r�a�tify ihe c�tl�ec•
P��a•ty w,�� ww•uti��� l�y M��y � 1, 2� 13, at its t�ec��rest tc� t�i�rltiitt��e.
�T'�C,'Ti�JI'� 2. A�yra�r�cl���e��t �r� �ecxio�r 3(�) a�tci Sc+�tm+�ra �4 c�f �.��ticle 9! 7"c� Cxfea�rl.
Cortt�ycatsati+��� P��ovisi+��r�.
,hl�'T1�LE �.� Seeti�il 3(�t) �s�d 5�:�;t�c�iti �4 ��t' tlle I��se A�reei��eryt ��•c �7ci•�:l�y �yra�e��ci�c1 t� 1°e�cl �s
fallaws;
�ectiail 3(�) Corrl�ac�l����ia�� fi`r��• tl�e ��a��ks r�f Fii°e Fi��7kct•, Fit•c �i•d�f�;��, �"i�•e C,a��k7�n, a��cl
F'i�i°e� ��tta�ic�n Chief�sl��i� l�e pr°cr��sec� ��� t�h� 1����'is c��'tk�e �'alU�win,� �c�Lci�l�tic�i��s:
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c.c�iic{�autecl �.���.li I�1[����, ����lia;i���� �lle �tFei•a�;e �Ytiii�ilp�urr� ��C�cl rT7���ii����r�� l7�se s�lai•�� far eacl}
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s:\legal\our documenis\ordinances\12\fire meet and confer ordinance 2012 ord.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A FIRST
AMENDMENT TO THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF
DENTON AND THE DENTON FIRE FIGHTERS ASSOCIATION, IAFF LOCAL 1291; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") lawfully approved a Meet and Confer
Agreement (`Base Agreement") between the City and the Denton Fire Fighters Association,
IAFF Local 1291 ("Association") on September 22, 2009; and
WHEREAS, said Base Agreement has the effective dates of October l, 2009, through
September 30, 2012; and
WHEREAS, under the terms of the Base Agreement, the Base Agreement may be
amended by mutual written amendment; and
WHEREAS, the City and the Association have mutually agreed in writing through a
document entitled "First Amendment to Meet and Confer Agreement" to amend and extend the
Base Agreement for Fiscal Years 2012-2013 and 2013-2014 with the option to terminate the
Base Agreement by mutual agreement prior to commencement of Fiscal Year 2013-2014; and
WHEREAS, the City and the Association have mutually agreed in the First Amendment
to Meet and Confer Agreement to amend Article 9, Section 3 regarding compensation
calculations for Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief; and
WHEREAS, the City and the Association have mutually agreed in the First Amendment
to Meet and Confer Agreement to amend Article 9, Section 4 regarding funding obligations; and
WHEREAS, the City iinds that is in the best interest of the citizenry to accept the First
Amendment to Meet and Confer Agreement; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The First Ameridment to the Meet and Confer Agreement is approved
hereby and the City Manager, or his designee, is hereby authorized to execute a First
Amendment to the Meet and Confer Agreement between the City and the Denton Fire Fighters
Association, IAFF Local 1291 in substantially the same form and content of the First
Amendment to the agreement attached hereto and made a part of this ordinance for all purposes.
SECTION 2. This ordinance shall be effective immediately upon its passage and
approval.
s:\legal\our documents\ordinances\12\fire meet and confer ordinance 2012 ord.doc
PASSED AND APPROVED this the day of , 2012.
MARK A. BURROUGHS, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� i �.�
� 7
� ;�
BY: ��i : �,.. ��..1 ��.-, .
FIRST AMENDMENT TO
MEET AND CONFER AGREEMENT
THIS FIRST AMENDMENT TO THE MEET AND CONFER AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON FIRE FIGHTERS ASSOCIATION,
IAFF Local 1291 effective the lst day of October, 2009, (`Base Agreement") by and between
The Denton Fire Fighters Association, IAFF Local 1291 and the City of Denton, Texas, a Texas
Municipal Corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as
"City" and the "Association" and the City and the Association collectively referred to as the
"Pai�ties."
RECITALS
SECTION 1. Whereas the Parties entered a Meet and Confer Agreement effective October 1,
2009 referred to as the "Base Agreement" which continues in effect and continues to reflect the
intent and desire of Parties;
SECTION 2. Whereas the Base Agreement will expire September 30, 2012, and the Pai�ties
desire to extend the Base Agreement by amending Article 14 in the Base Agreement to provide
for an additional two (2) years for Fiscal Years 2012-2013 and 2013-2014 with the option to
terminate the Base Agreement by mutual agreement prior to the commencement of Fiscal Year
2013-2014;
SECTION 3. Whereas the Parties intend to update Article 9 as part of their Amendment;
SECTION 4. Whereas Article 14 of the Base Agreement provides for extension by written
mutual agreement and Article 15, Section 1 of the Base Agreement provides for amendment, the
Parties mutually intend to amend and hereby mutually agree to amend the Base Agreement as
follows:
TERMS of AGREEMENT
SECTION 1. Amendment Continuing Contract.
Article 14 TERM OF AGREEMENT of the Base Agreement is hereby amended to read as
follows:
ARTICLE 14 TERM OF AGREEMENT
This Agreement shall have an effective date of October 1, 2009, and shall remain in full
force and effect through September 30, 2014. The Parties hereby extend all the
remaining sections, paragraphs, sentences, clauses, and phrases of the Base Agreement
and shall remain in full force and effect except those more specifically amended below.
However, this Agreement may be reviewed by the Parties and may be terminated by
mutual agreement of the Parties as of September 30, 2013, If the Association or City
intends to exercise the option to terminate by mutual agreement, it must notify the other
Party in writing by May 3 l, 2013, of its request to terminate.
SECTION 2. Amendment To Section 3(a) and Section 4 of Article 9 To Extend
Compensation Provisions.
ARTICLE 9 Section 3(a) and Section 4 of the Base Agreement are hereby amended to read as
follows:
Section 3(a) Compensation for the ranlcs of Fire Fighter, Fire Driver, Fire Captain, and
Fire Battalion Chief shall be proposed on the basis of the following calculations;
The recommended base pay scale shall continue to be calculated by the salary survey
conducted each May, utilizing the average minimum and maximum base salary for each
rank of the 12 comparator cities as specified in this contract, plus five percent (5%). The
recommendation will propose that the minimum and maximum base pay for each rank,
will receive an increase (should an increase be required) to match the survey average plus
five percent (5%). The steps between the minimum and maximum steps will be
recalculated to maintain equal separation between any new minimum and maximum
steps.
Section 4, Funding Obligations
Depending upon the financial forecasts, the City may implement the compensation
recommendations in section 3 between the first pay period of the fiscal year and the first
pay period of April of each fiscal year. The City presently intends to continue this
Agreement each fiscal year through its term, to pay all payments due, and to fully and
promptly perform the obligations of the City under this Agreement.
All obligations of the City shall be paid only out of current revenues or any other funds
lawfuily available for those obligations, including tax revenues reasonably anticipated at
equal or higher total gross amounts as were collected in fiscal year 2011-2012, and
appropriated for such purpose by the City Council, in compliance with the Texas
Constitution, Article XI, Sections 5 and 7.
Following the adoption of the annual budget that may establish a pay increase, should the
City Council find it fiscally necessary to reduce base pay for non-civil service City
employees, or implement other cost saving measures such as mandatory furloughs or a
reduction-in-force, the increase recommended under this Article may be reduced
accordingly.
2
The foregoing instrument has been duly negotiated, reviewed and approved by each of the
signatories indicated below:
THE DENTON FIRE FIGHTERS ASSOCIATION, IAFF Local 1291
(Ratified by the DFFA Membership on _ of , 2012)
:
:
PRESIDENT, DENTON FIRE FIGHTERS ASSOCIATION
SECRETARY, DENTON FIRE FIGHTERS ASSOCIATION
CITY OF DENTON, TEXAS
(Approved by Denton City Council on of 2012)
�.
:
:
GEORGE C. CAMPBELL
CITY MANAGER
JENNIFER WALTERS
CITY SECRETARY
ROSS CHADWICK
FIRE CHIEF
APPROVED AS TO LEGAL FORM:
:
ANITA BURGESS
CITY ATTORNEY
3
Dated:
Dated:
5.'Our bsucxm. {�4rCCa�mta�A'Wuc mm Ge �aiRr xgcm,
ORI]INANCE NO. ��G / �"�.33
AN ORDINANCE OF THE C�TY OF DENTON, TEXAS APPROVTNG THE MEET AN17
CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON �'TRE
FIGHTERS ASSOCIAT�ON; AND PROVIDING AN EFFECTNE DATE.
THE COUNCIL 4F THE CI�'Y OF DENTON HEREBY QRDAINS:
SECTION l. The City Manager, or his designee, is hereby authorized ko execute the
Meet and Con%r Agreement between the City and � the Denton Fire �ighters Associatian in
substantially the form of the agreement attached hereta and made a part of this ordinance for all
purposes (the "Agreement").
SECTION 2. This ordinance shall became effective i3nmediately upon its passa�e and
approval.
. h�
PASSED AND APPROVED tl�is #t�e �� J" day oi�/%�j��[�, Zao9.
;
�1��rJ`�` / � �.,`',``•� ��
MARK A. B�URROUGHS, MAYQR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY; k.,.,,�.
APPR ED AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Meet and Confer Agreement
Between
The City of Denton
and
Denton F�re Fighters Assoc�ation,
IAFF Local 1291
Fiscal Years 2009-2Q10; 2010-2011 and 2411-2012
TABLE OF CONTENTS
Definitions....................................................................................................................................... 1
ArticleI — Recognitian ................................................................................................................... 2
Article 2— Transition for Certain Ci�vil Se:rv;ice ata.d Appointed Positions ..................................... 3
Article3— Labor/Management Relations ..................................................................................... l l
Article4— Hiring Process ............................................................................................................. 12
Article5 — Promotions ..................................................................................................................17
Article 6 -� Nepotism ............................................ .... 20
Article7— Safety and Health ........................................................................................................ 21
Article 8 — Discipline ........................................................................
....... ................................. .... 22
Artiele9 — Compensation .............................................................................................................. 23
Article10 — Pe�.sion ...................................................................................................................... 25
Arkicle 1 I-- De£erred Compensation Plan .................................................................................... 2b
Article12 -� Association Business Leave ...................................................................................... 27
Article 13 — Contract Int�rprstation Dispute Resolutian Procedure ............................................. 29
Article14 — Term of Agreement ................................................................................................... 33
Article 15 — Savings Clause Preemption Pravision and Complete Agreement Clause ................ 34
Exhibit A— Panel of Arbitrators ...........
Exhibit B ...................................
ii
.............................................. .......... ...... 36
................................................................... 37
DEFINITIONS
1. "Agreement" means this Meet and Confer Agreement en#ered between #he City of
Denton and Denton Fire Fighters Association, IAFF Local 129I ,
2"Assaciatian" meat�s the Denfon Fire Figt�ters Association, IAFF Lacal 1291, its
elected leaders and its colIecti�e membership.
3. "City" means the City of Denton, its �nayor, city cauncil tnembers, city manager, fire
chief ar�d those persons designated by the City of Denton to manage the city and its
fire department.
4. The term "commission" means t�e Denton Fire Fighters' and Police Officers' Civil
Service Comnr�ission.
5. The term "days" refers ta calendar days unless o#herwise specified.
6. The term "Department" or "Fire Department" means the Denton Fire Department.
7, The term "Department head" or "Fire Chief' means the Fire Ci�ief of the Denton Fire
Department, designee, inter�m, or an acting Chief af the Denton Fire Deparhnent.
8, The ter� "director" means the director ai the Dentan Fire Fighters' and Police
Officers' Ci�il �er�iee Commissian.
9. The term "Local Rule" means the Lacal Rules and Regulations of the Denton Fire
Fi�ters' and PoIice Officers' Civii Service Commission.
10. The term "Firefighter" zneans a member of the D�nton Fire Department who was
appoinied in substar�tial ct�mpliance with Chapter i43 of the Texas Local
Government Coda who is entitled to civil service status under section 143.005 of the
Texas Local Govezr�ment Code a�d excludes persons attaining ci�il service stahis
under article 2.
1 i."Parties" or "parties" means the City oi Denton and #he Denton Fire Fig�ters
Association, IAFF Laca1 1291 arAd "Part}�' or "part}�' mearys either the City of Denton
or the Denton Fire Fig�ters Association, IAFF I,oaal i291.
ARTICLE 1
RECOGNITION
The CITY QF DENTON recognizes the DENTON FIRE FIGHTERS ASS�CIATI�N,
IAFF LOCAL N0,1291, as the sole and exclusive bargaining agent for tl�e covered
Firefighters described in the petition for reco�ition, excluding the head of the fire
department and exciuding the employees exempt cu�der Subsection (b}, in accordance
with subchapter C of Chapter 142 of the Texas Loca� Government Coda.
2
ARTICLE 2
TRANSTT�ON FOR CERTAIN CIVIL SERVICE AND APPOINTED POS�T�ONS
Section 1. Intent.
In the Parties' prior agreement, effective October 1, 2006, (the "2006-2009 Agreement")
the Parties agreed to reclassify certain non-civil service civiiian positions in the Fire
Preventian Division and Adminis�ration Division ta ci�ii service for certain civil service
benefits and profocols under Chapter 143 of the Texas Lacal Government Cod� to create
a mare unified Department incorparating Operations, Administration and Fire
Prevention. To further ihat transition and that goal, the Parties agree to reclassify certain
existing civil service positions in the Fire Prevention Division and Administration
Division. The Parties intend for any variation of civil service provisions by this
Agreement to also apply to the reclassified positions affected by Article 2 in the 2QQ6-
2Q09 Ageement at�d this article unless provided otherwise by the Agreement.
Section 2, Emp�oyees A�ected and Civ� Service Status in 2006-2D09 Agreement
and this Agreement.
(A} T4�e former non-civil service positions affected by Article 2 of the 2006-2009
Agreement include�i the aFollowing positions:
• Public Educatio:n 4fficer,
• �'ire Inspec#or,
� Senior Ftre Ianspector,
• Fire �'rotection Engineer Associate,
• Assistant Fire Marshal,
� Fire Marshal,
� Fire Recruitrnent Manage�nent Ana�yst and
• Emergency Management Program Manager.
A F�re Department employee who served in one of these positinns was not required to
take a competitive examination to remain in khe employee's position if th� emptoyee was
appointed to that position before October 1, 2006.
(B} At the time of the effective date of the 2006-2009 Agreement, the former non-civil
service employees affected by former article 2 a�torr�atically waived into and qualified
far the provisions of civil service sta#us undar Chapter 143 cancerning classifioatian
status, disciplinary action, appeals, protocols, siak leave, on duty injury leave, and ather
such provisions, with t�e exception af those prov�isians :relating to promotions or transfers
and except as otherwise pzavided in the 2006-2009 Agreement.
(C} 'The civil service positions affected by this article include the foilowing:
• Fire Inspector Specialist,
• Fire �rotection En�eer Associate,
• Assistant Fire Marshal,
+ Fire Marshal,
• �ire Rec�ruihnent Management Analyst and
* Emergency Management Program Manage�r.
�echon 3. New Fire Preventioa Division Titles an.d Ranks.
(A) Fire Ianspectar Spec�a�st x.
Pursuant io the terms of the 2006-2009 Agreem�nt, the Public Educatinn �fficer, Fire
Inspector and Senior �ire Inspector were replaced with a Fire Inspectar Specialist
classification. The Fzre Inspeciar Specialist shall be reclassified ta a Fire Inspector
Specialist I at the current Firefighter base pay and applicable step plus $30U assignment
pay per mont�. 'T`he applicable step determination will be based on the time in rank of
Fire Inspector Specialist and Fire Inspectar Specialist i, Incumbents in the F'ire Inspector
Specialist classification will automatically be reclassified into the classification of Fire
Inspector ��ecialist I an the effective date of this Agreement.
(B) Fire Inspecfor Specialist �I.
A r�ew supervisory Fire Prevention pasition shall be established with the classificatian of
�ire Inspector Sgecialist II with a salary ai the current Driver base pay and applicable
step plus $400 assignxrtent pay per month.
(C} Flre Protec#ion Engineer Assoeiate.
(1) Classification. Pursuant to the 2006-2009 Agreement, the Fire Protectzon
Engineer Associate was classified in piace. This classification witl continue but will he
eliminated when vacated and replaced with the classification of �'ire Protectian Specialist.
{2} Base Salary for Fire Protectian Engineer Assocaate. The recommended
base salary percentage increase for the F�re Protection Engineer Associate shall be
calcuiated by taicing the average percentage increase, excluding step increases, for
contract year for t�e ranks of Fire Fighter, Fire Driver, �ire Captarn, and Fire Battalion
Ci�ief.
(3) Assignment Pay. The Fire Proteetion Engineer Associate shall receive $400
per tnonth assignment pay. The repiaeement classification af Fire Protection Specialist
shall receive $500 per month assignment pay.
(D) Assistant Fire Marshal.
(1} Classif�cation. P�rsuant to the 2006-2009 Agreement, the Assistant Fire
Marshai was classified in place. This cIassification will continue but will be eiiminateci
when vacated and replaced with the classification of Deputy Fi�e Mazshal,
(2) Base Sala�ry �or A�ssistant Fire Marshal 'The recommended base salary
percen#age increase for Assistant Fire Marshal shall be calculated by taking the avera�e
p�rcentage increase, excluding step increases, for the contract year for the ranks of �'ire
Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief.
�
(3) Assignment Pay. The Assistant Fire Marshal shall receive $500 per mont�
assignment pay. The replacement classification of Deputy Fire Marshat shall receive
$600 �er month assignment pay.
(E) Future ,�ob Descriptions for Fire Inspector Speciallst I, Fire Inspeetor Specialis#
II, Fire Protec#ion Speeialist and Deputy Fire Marsh�l. The joint Labor/Management
Ca�runittee will de�velap job descriptions inciuding minim�m and preferred qualifications
for tYte positions of Fire Inspeetor Speciaiist I, Fire Inspector �pecialist II, Fire Parotection
Specialist and Dep�aty Fire Mazshal and make a recommendation to tha Department head.
The Department head will determine whethex to adopt the recommendation and will
determine z�inimum and preferred qualificati�ns for this position.
(F} Fitling Fire Prevenhon Di�isio� Vac�ncies,
(1) Vacancies in the Fire Prevention Division will be �iled in a masmer determined
by the Department head and in aecordance with this subsectian of t�e article. 'T�is
excludes the appointed �aositions in section S af the article. The process by which the
�acancies are filled is not restricted by article 5, the promotions article in this Agi�eezner�t,
or restriciet� by Chap#er 143 of the Texas Local Government Code.
(2) Firefighters may valuntarity nansfer to the Fire Preven#ion Division to fill
vacancies according to the eligibility outiined in subsection 3 below provided:
{a) he/she meets the requirerrFents of the job description for the position
he/she is applying for, and
[b) he/she is recommended by the Firc Marshal and approved by the
Department head.
(3) Firefighters transferring under this section retain their pay grade and benefits and,
in addition, receivs any assignment pay for the applicable Fire Prevention Division
positian. Trar�sfers to th� Fire �revention Division shal� rtot be for prarr�otiona� purposes
under Civil Service rules. T`fierefore, Firefighters transferring into the Fire Prevention
Division may only trar�sfer to an equivalent rank as follows:
Fire Inspector Specialist I= Fire �ighter
Fire Inspector Specialist IT = Driver
Fire Protection Specialist = Captain
Deputy Firs Marshal= Battalian Chief
(4) Firefig,hters transferring to the �'ire �'revention Division must complete the
assignme�t for a minimum of twa years. This assignm�nt may be shortened or
lengthened by mutual agreemant of the Firefighter and the Fire Marshal and approved by
the Department head. At the expiration of the two-year assignment, the �'irefighter may
hansfer back to 4�erations.
(5) An exception to the two year assi�ment shall be for promotions. A�irefighter
assigned to the Fire Pz�evention Division shall be entitled to talce an �perations
�
promational exazninatian if ntherwise eligible. The Firefighter may promote out of the
Fire Prevention Division back into the 4perations Division.
(5) If no qualified volunteers from fhe Operations Division apply for a Fire
Preventi4n Division transfer position, the Department head will maice an assigrunent to
that position from the Operations Division. The assignr�ent will not be for longer than
twa years. The assignmen# may he shortened by mu�ual agreement of the Firefighter,
with the recommendation of the Fire Marshal and approval of the De��rtmet�t head.
(?) Na Probationary firefightcrs will he assigneci to the Fire Preventran Division.
(8) The Fire Marshat, with the approval of the Departm�ent head, may appoint a
current mernber of the Fire Prevenrion Division to the vacant new positian, pro�rided
helshe meets the requirements of ihe job description. Cu�xen.t member� appoint�d in such
a manner will enter the position at the applicable ci�vil service rate for that rank and
follow the steps in that classif�cafiion. He/she wi(1 receive any applicable assignrnent pay
for the position he/she fills.
(9) A vacancy in the former Pire Prevention Division positions af Fire �'ratection
Engineer Associate and Assistarit Fire Marshal will not be filled, The position will be
replaced with the correspondirig new classification of either �are i'rotection Specialist or
Dep�fy Fire Marshal and tne prior pasiiion eliminated.
Section 4. Fire Recruitment Management Analys�
(A) Classi�cation. Pursuant to the 2005-2009 Agreement, the positior� af Fire
Recruitment Managerrient Anaiyst was classified in place. T�s classification will
cantinue but will be eliminated when vacated and replaced with a Fire Recruitment
Captain. Base pay for Fire Recruit�nent Captain at that point will be ec��ivalent to Fire
Captain. The joint Labor/Manage�rnent Committee wi11 develop and recommend a job
descripcian to the Depamnent head ineluding minirnum and preferred qualifications f�r
fhe new civil service pasition. The Department head wzil determine whethar ta adopt the
recommendation artd wil� det�rmine minimum and preferred qualifications for this
position,
(B) Base Salary for Fire Recruitment Managennent Anatyst. The base salary for Fire
Recruitrnent Management Analyst shall be calculated to be equivaleni to the rank of Fire
Captain at the fiarst step.
{C) Assignment Pay. The Fire Recruitment Management Analyst shatl receive $500 per
month assignment pay.
�
SecHon 5. Fire Marshal and Emergency Manage�e�et Progrsru Ma�tager.
(A} Fire Marshsl and Emergency Management Program Manager By Appointment.
The pasitions of Fire Marshal and Err�ergency Management Program Manager sha11
continue tv be appointed by the Department head and shall nat be filled by promotional
examina�ion, A person appointed undcr this sectian serves at the pleasure of the
Department head.
(B) FYre Marshal Ciassifica�ian. The Fire Marshal shaIl cantinue ta be classified in
ptace.
(C) Emergency Management Program Manager. The Emergency Manageriaent
Program Manager shall continue to be classified in place.
(D) Base Pay Privr to a Vacancy Occurring. The �ase pay faar Fire Marshal and
Emergency Management Pragram Manager, prior ta a �acancy occurring in each
respective pasiiion, will be deiermined by the Department head based on market
comparisons in accordance with City of Denton policy.
(E) Upvn the Vacancy in the Current Pasitions of Fire Mars�al and Emergeney
Management Progr�m Manager.
(1) Determination of Jab Descriptians aad Base Pay. When a vacancy occurs
in either of the current positions of Fire Marshal or Emergency Management Program
Manager, the base pay and minimum and preferred qualifications for that position from
tl�e time of vac�ncy will be ma�e by recommendation by the joint Labar/Management
Commiitee to the Depariment head. The Department head will determine whether to
adapt the recommendation and ultimately will detexmsne minimum and preferred
yualifications and base pay for that position.
(2) Vacaney To Be Filled by Appoin#ment by t�e Department Head.
�Iacattcies in the positions of Fire Marshal or Emergency Management Program Mana�er
shatl be filted by appointrnent by the Department head. Appaintments for Fire Marshal
or Emergency Management Program Manager vvill be made by the Departrnent head
from within t�e Department, fallowing the pcocedure outlined below. Tf no suitable
candidate from within the Department exis�s, the Department head may appoint a person
from outsid� the Depart�nent Pracedure.
I .
2.
4
3ob Announcement for potential candidaie{s) within the Department
Candidate(s) submit a letter of interest and resume to the DepartFnent head
Applicatian review for �ninimum and preferred qualifications by the Department
head
Deparhnent head's interview
7
5, Appointment fram within the Department or proceed to external pracess if no
suitable intemal appiicant
6. External Job Announcement
7, Candidate{s) submit ar� application and resume to Human Resources
8. Application review for minianvsn and preferred quatifications by the Department
head
9. Department head's interview
10. Pofential appointment from external candidates or repost externally
{3} Re�iew of Non-Seiecttan by Iniernal Candidate. In the event that an
intemal candidate applies and proceeds through ste� 4, but is not selected and the
Depar�ment head proceeds to the externat process, that candidate may seek review af the
non-selection, 'I't�e interrtal candidate may seek review by provid�ing a written statement
to the Deparcrnent head within ten (10} calendar days from the daie of the notification of
non-selection stating the basis for review. The review process shall be as foilows:
(a} The joini Labor/Management Committee shall re�iew the Department head's decision
and make a non-binding recommendation in writing to the Department head within five
{5) business days frorn the date tha# the car�didate seeks review.
(b) The Department head shall review the recomm�ndation by the joint
Labor/Manageme;nt Commitiee and determine whether or nat to xeca�sider the decisian
within ten (1 Q} calendar days from the date of t�e recomrne�dation.
(c) T`he �nternal candidate rr�ay seek review nf the non-selection to the commission by
submitting a request in writing to the directar within five {5) business days fram the date
af determination hy the Department head of sustaining the non-selection. The
cor�ission shall have ten {10} business days to conduct � hearing at�d render a decision
sustaining or overruiing the Department head's decision to seek an external cattdidate.
The standard of review by the commission is whether the Department head's decision is
arbitrary and capricious, T`�e commission's decision s�all be final and binding with no
rig�t of appeal to an arbitrator or district caurt.
{d) Deadlines in this attiele may be ex#ended by mut�aal agreement by the internal
candidate seeking review and the Department head.
(� Internal Appaintmen�. In the e�e�zt tt�at ar� internal Firefighter or newly classified
employee under this �rticle fills the vacancy, only sU}�sections 143.Oi4(g) and 143.014{h}
of 143.014 of the Texas Local Govemtnent Code shall apply.
:
(G) External Appoinhnent. Yn the event tlaat an external candidate fitls #he vacancy,
only su�asection 143.414(h) of 143A14 of the Texas I.ocal Gavernment Code shall apply
after a twelve (12) month prabationary pariod applieable to an external appointment,
except that the provisian relating to being restored to the same classificatian or its
equivalent shall not apply.
S�G�OII G. Transfer.
(A} Restrictions. The reclassified employees under former article 2 in t�e 2006-2009
Agre�nent and under this article may nat tra�sfer out of their cunently assigned Division
into any other classified civii service position in another Division in the Departrnent.
Reclassified Prevetttion Division employees under former aztiole 2 in the 2006-2009
Agreement arad under this article are eligible ta promate within their currently assigned
Division.
(B) Effec# of Transfer, Operations Di�ision Fire�ghte�rs wha �ransfer to tl�e Fire
Prevention Divisian or Administration Division are eligible to take the Operations
Division's promationai examinations, pra�id�d t�ey rneet the requirements for the
promotionai examination under Chapter 143 of the Texas Laeal Governmenf Code and
any pre-requisites for promotion as determined under article 5 of this Agreement. It is
the intent of the Parties that, when tra.nsfer processes between Divisions are ou#lined by
recommsndation by the joint Labor/Manager�aent Committee and determined by the
Department head, a Firefig,hter does not gain rank or Lose rar�c by transferring between
Divisions.
Secf�on 7. Commission's Role.
The commission may adopt rules unde�r this articte providing far the effioient
administration of #his article.
Sec#ion S. Statutory Override.
Ta the extent khis article continues to reclassify fvnncr civitian positians nf Public
Education Officer, �'ire Inspectar, and Senior Fire Inspector; and current pasitions of Fire
Inspector Specialist I, Fire Inspector Specialist Ii, Fire Protection Engineer Associate,
Assistant Fire Marshal, Fire Marshal, Fire Recruitment Mat�agement Analyst anc�
Exne�rgency Management Prograxr� Manager to civil service positions this articie overrides
section 143.003(4) and section I43.003(4}(A), Thi,s artiate is the exclusive process and
provision by which the former positions of Public Education Officer, Fire �spector, and
Senior Fire Inspector; and current positions of �ire Inspector Specialist I, Fire Inspector
Speciaiist II, Fire Pratection Engineer Assaciate, Assiskarit Fire Marshal, Fire Marshal,
Fire Recruit�nent Management Analyst and Emergency Management Program Manager
are afforded civil service s#atus. Unless otherwise pr��ided in this article, thss article
averrides sections 143A14, 143.015 to the extent limited in sectian 5 of this article,
143.02�, 143.028, 143.029, 143.030, l�}3.032, I43.033, I43A34, 143.036 {except the
definition o�'vacancy) and 143A$5 of the Texas Local Government Code, The overrides
0
to Chapter 143 of the Texas Local Government Code also apply to t�s article and to the
reclassified positions of Public Education Of�icer, Fire Inspector, Senior Fire Inspector,
Fire Insgecto� Specialist I, Fire Inspector Specialis# II, F�re Pratection Engineer
Associate, Assistant F'ire Mazshal, Fire Marshal, Fire Recruitment Management Analyst
and Emergency Management Pragram.
10
ARTICLE 3
LABOR/MANAGEMENT RELATIQNS
Each Party shall designate threee (3) re�resen#atives ta serve on a joint LaborlManagement
Committee {"Committee"}. This Co�nmictes shall meet quarterly at agreeable times and
piaces tn discuss matters of mutual concem. Suck� discussion shall nat be iantamount to,
ox an extension of, the bargaining pracess, but shall be for the purpose of encouraging
productive relations between the parties and the irnprovement of the fire services tv the
cammunity. A minimum of two (2} members from each party must be present %r a
rr�eeting #a be held. The Uepaart�ment head wi�l make reasonable efforts to accom�nodate
requests by Assoe�ation memhers to attend if they are on duty. Both parties understand
and agree that Committee meetings are not rec�uired on any issue, except where provided
for in Articles 2, 4, 5 and 7 of this Agreement, and are �zot a condition nor limitation on
the management rights ta make and enforce poIicies, rules, reg�z�ation, or operationat
decisions.
Tlae wark of the Committes shall be conciucted an City time without lass of pay by
Comrriittee members; except that meetings r'vhich a?re scheciuled at times when
Association members who are not on duty, such members s�ali attend an their own time
withaut compensation.
11
ARTICLE 4
HIRiNG PROCESS
Section 1. I�tent
�► adopting this article, the Parties agreed to implement a hiring system for beginning
pnsitions in the Departrneni that provided #'or selection based upon the determination by
an Oral Interview Boaxd and the Chie�'s Intervi�w. The parties bslieve a determinatio:n
by #he Oral Interview Board and Chie�'s �nterview for beg�nning positions unpro�ved the
selectian pracess and provided applicants a fair opporhmity tfl derr�onstrate skilis and
abilzties �at S�I'VE aS ft�(�It101]� �OOd indicators that they would perform well in the
Department.
Section 2. Adoption and Publication of R�les
Any Laca� Rules that may be adopted by the co�nmission shail be in conformity with the
pravisions of tk�is article.
Section 3. Written ExaminaKon and Cominnission List
{a} Estabiishment of Date of Writien Examinafion in 2D11
Until 2011, the commission sk�all give new examinations at the times the commission
considers necessary to provide required staffing, Entrance examinafians will be held on
the seeond Saturday in January beginrung in Januazy 20i1, The actual date of the
exaamination may be rescheci�led in the avent of circu�nstances h�yond the City's control
including but not Iimitecl to extraordinary weather events or other emergencies.
{!�) Written Examination and M�litary Pofnts
T�e written exarnination under Chapter 143 of the Texas L,acal Gavernment Code shall
be administered and the minimum passing grade on the written examiriation is 70 percent.
An additional five (5) points shall be added ta the examinatian grade of an applicant who
served a tninimum of 180 active days in tl�e United States armed farces, received an
honarable disehaxge, and made a passing grade on the examination. In the even# a tie
shouid occur, the process to brealc a tie will follow the Department Hiring Guideline. A
passing �rade on the written examination rnay permit the applicarzt to proceeci to the next
step(s) in the hiring process. The grade on the written sxamination will not serve as the
grade far ranking on the eligibility list, howe�er, the written examination grade, plus any
app�icable military point�, will determine tl�e ranking for a Cammission List frorr� which
appl'zcants proceed throug?� the retnainder of the hiring process,
{c) Cammission List
In thrs article "Cornmission List" shall mean the list af applicanfs who made a passing
grade an the written examination ranked from higi�est to lowesE including ariy appiicable
12
military points and shall nat mean the eligibiiity list fram which an applicant may be
appointed. �
Wh.en a vacancy occurs in a begiiuiing posirion in fi.�e Fire De�artment, the Department
head shall request in writing from ihe ciirector the names of su�table persons from the
Commissian List auttined in subsection (a) above. The director shall certify and pro�ide
ta the Department head all of t�e names of such applicants an the Commission List.
Frocn the Commission List of names, the Department head shall ider►tify a number af
applicants, based on the determination of the Department head related to the nwnber of
vacancies, with the highest ranking ta proceed through the pracess,
Section 4. Background Check and Phys�cal Ability Test
(a) Background Check
After the Departrrient head determines an applicant ta be eligible to proceed through the
process by the Deparhr�ent head, the applicant will proceed through th� Background
Check in accordance with the Departm�nt's Hiring Guidelines. If an applicant passes the
Background Check, then the applicant shail proceed to the Physical Ability T�st. If an
applicant does not pass the Backgrownd Check, the applicarit wi�l be disqualified from
any further consideration in the hiring pracess.
�) Physical Ab�ifty Test
From the list of names of applicants who passed the background check, the Department
head s�all identify the fifteen (15) applicants with the highest ranking on the Commission
List to proceed to the Physical Ability Test in accordance wit� the Department's Hiring
Guidelines. If an applicant passes the Physical Ability Test, t�en the applicant wili be
considered to proceed to the Oral Interview Board, If an applicant doe� not pass the
Physical Abiiity Test, the applicant will be disqualified from any fiu�ther consideration in
the hiring process. A11 applicants who have passed the Background Check and Physical
Ability Test shall proceed to the next step in t�e pracess. if less than three (3) applicanis
pass the Haekground Check and Physical Ability Test, the Department head shall identify
the next fifteen (15) applicants with the highest ranking on the Coinmission List (or tt�ose
rernaining on the Cornmission List if Iess than fif�een (15}) to proceed to the Physical
Ability Test in accordar�ce with the Department's Hiring Guidelines.
(c) Seiection of Candidates Ta Proceed to Orai Inter�+iew Board
From the list of names af appticants who passed t�e Physical AbiIity Test, those
applicants shall proceed �o the next siep in fhe proaess. In the event those applicant
names are exha�sted after the completion of t�e Oral Ir�tervierv Board and Chie�'s
Interview, then the Departmen� head shalI proceed under section 4(b} of this article to
identify the next fifteen (15) applicants with the higHest ranking on the Commission List
to proceed to the Physica� Ability Test in accordance with the Deparhnent's Hir�ng
Guidelines,
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Section S. Oral �nterniew Board
(a) Oral Interview Board
The joint LaborlManagement Committee sball estabIish an Oral Interview Hoat'd made
up of four (4) members with four (4) alternate members. Three (3) af those members and
three (3) of the alternate members shall aome from the Department. One (1) of those
rnembers and ane (1} of the alternate znembe�rs sk�all be a citizen member fro�n the City of
Denton chosen by the Department head. It is understood t�at all members and alternate
members of the Oral Interview Baard wiil receive approprzate training to conduct
interviews.
(h) Interview
The Oral Interview Board will interview eligible applicar�ts detennined by the preeeding
steps in this arficle. Each member of the Oral Interview Board will assign an applicant a
score from zero (0} to ane hundred (100) points. The average of those four (4) scores
will be calculated and wiil be the final Oral Interview Board score for each eligible
a�piicant. If art applicant obtains a final Oral Interview Haard score of seventy (70)
poir�ts or more, at� applicant wili proceed to th:e Chiefls Interview. If an applicant does
not pass with a score of seventy (70) points or rnore, the a�plicant wiil be disqualified
from ar►y further consideration in the hiring process.
Section 6. Chiefls Interview
The Fire Chief will interview eligible applicants determined by the preceding steps in this
article. The �'ire Cttief shall invite the Deputy Fire Chief and/or one c�r moxe Battalion
Chief(s) to attenci th� �ire Chie�s Interview for all eligible applicants. The Chief will
assign an applieant a score fram zero (0) to one huncued (�00} points, Ar�y input from
the Deputy Fire Chief or Battalion Chief wi11 be incluc�ed in the Chi�fls score. This score
will be the final Chief's Interview score for each eligible applicanf. If an applicant daes
not pass vvith a score af se�enty (70) points or more, the applieant will be disqUalified
frvm any fi�rther consideration in this hiring pracess.
Sec�ion 7. Eligibilify List
The ovarall score to be placed on ihe eligibility list for each eligible applicant shall be
computed by taking the applicant's �inal Oral Interview Board score and mult�ply the
score by .70 to the accaunt for seventy percent (70%) of the agplicant's finai overall
scare; and adding the applicant's final Chief s Interview score and multiply that score by
14
.30 to account for thirty pereent (30%) af the applicant's final overall score (see below}.
{4 Oral Interview Board Scores divided by 4= final Oral Interviaw Board Score) x 70%
+
{final ChiePs Interview score) x 30°/a
applicant's final overall scare
When a vacancy occurs, the Department head shall appnint ihe e�igible suitable applicant
having tt�e highest final overall score on the eligibility list unless the D�artment head
has a valid season For not appointing the person. Each luring eligibility lisi remains in
existenee for one (1} year aftcr the written examination unless exhausted. All applicants
may be subject to a pQlygraph examination at the Department head's discretior�.
Section $. Effect of an Eligibility List Currently In Existence and E�igibility L�st
Created Under this Agreement
A hiring eligibility list in existence at the time of ths adoption of this Agreement shall
continue in effect until January 11, 20I1, �nless exhausted. Any hiring eligibility list
created under this ar#iele wili tak� effect upan the expiration oi any applicable pre-
existing list.
Section 9. Probationary per�od
Unless �elready certified as both a firefighter by the Texas Comrnission on Fire Protection
and a paramedic by the Texas Department of State Health Services, a person appointed to
a beginning position in the Department must serve a probationary period of up to
eighteen (18) months begin�ning on that person's date of emplayment as a Fire Figtiter, or
trainee, A person appointed to a beginning position in the Department who is certifi�d as
both a fire fighter and a pazamedic sha11 se�rve a probationary period of twelve {l2}
months.
Section 10. Disqualificat�on
In the event an applicant is disqualified at any point in the hiring process, the Depariment
head shall clearly set forth in writing the gaod and s�fficient reason why a person was
dssqualified.
Section 11. Statutory Overr�de
This article supercedes the following sectians af khe Texas Local Governm�t Code to
the extent the article may be in conflict with any of these sectiar►s: section 143.025(a) to
account for an Oral Inte�rview Board and Chief s Interview only to be adminis#ered to
certain applicants that meet the hirsng process eriteria under the rules smplemented in
accordance with ttvs artiele and to establisi� tl�e e(igibi2ity list based on the Orat interview
Board and Chief s Interview as o�iiined in this article; section 143.025(b) to base the
l5
eligibility list c�n the Chal interview Board and Chiefs �nterview final over�ii score as
outlined in this articie; sections 143.025(c}, 143.025(d) and 143.025(e) to provide fax the
4ra1 Interview Baard and Chief's Intervievv to interview applicants outside the presence
of ofl�er applicants and at different times; section 143.025{h} to extend the effecti�e date
of the eligibility list from examination date to examinatian date; section 143.025(i) ta
provide for an Oral Interview Board and Chiafls Interview in the grading process and far
establishment af an eligibility list as outlined in this article; sect�ons 143,026(a},
1�3A2b(b), 143.026(c) and 143.026(d} to allow the creation of �arious lists in fihe hiring
process as outlined in this article, to allaw for appointrne�t and disqualzfcation by the
Department head, to account for �e Oral Interview Board and Chiefls Interview final
avearall score as a basis far the app�icanYs selection, and to eliminate the rec�uirement of
fiiing reasons of a pass aver wi� the commission; and section 143 A27 regazding
prnbationary period.
This article further preempts, to the extent of any conflict, al� contrary state statutes, local
ordinances, executive ordsrs, civil service provisions, or r�es adopted by the Department
head or head af the City ar by a division or agen# of Ciiy, such as the commission.
16
ARTICL� 5
PROMOTIONS
Sec#ian 1. Intent
In adopting this article, the parties agreed ta impkement e�anges io the pramotional
prac�ss for the Department by establis�ing pre-re�}�isites that q�alify a candidate to take
a promotional written examination. Tf�e parties believe that establishing pre-requisites
for promotional writ�en examinations will improve the promational pracess and will
pravide promotional candidates a fair opportunity to meet pre-requisites that serve as
adciitional gaod indicators t�at t�ey will perform we11 in the positions to which they seek
to be prornoted. This article excludes the positions addressed in article 2.
Sectian 2. DefiniHons
(a) In this article "written examination" means the written examination pravided far
promotions under C�€apter 143 a#'the Texas Lacai Gov�une�t Code.
(b) In this article, "pre-requisites" means the minimum qualifications and eonditions
required of candidates for eligibility to take a Chapter 143 written examination for
promotion within the Department.
Section 3. Ro�e o#' Commission
Any Local Rules tha� may he adopted hy the commissian shall be in conformity with the
pravisions of this arcicle.
�ection 4. Minimum Qualif�canons
{a} The Dri�er pre-requisites de�ermined under the parties' pr�ar agreeme�t attached
as Exlubit B will cantinue to apply.
(�) For pramotion to the ranks of Captain and Battalion Chief, within ninety (90)
days of the execution of this Agreement, the jaint Labor/ Management Committee
appointed as provided in article 3 will recommend pre-requisites for taking
promotional written examinations prior to the posting of the Fosition Opportunity
Announcement publicano� each year. The Department head will determine
whether to adopt #he recosnmendet� pre-rec�uisites. In the event the pre-requisites
are adopteci by the Department head, the pre-requisites will be effective twe�ve
(12) months after their pasting in the Positivn Qppoztunity Announcement
publication.
{c) In the event pre-requisites are not recommended by the expira#ion of the ninety
(90) day titrte period, the Department head may extend the tirne period at his�er
discretion or may proceed with the then existing qualificaiions. In this
eircumstance, the Department head may request a report froru the joint
17
Labor/Management Committee outlinsng the pre-rec�uisites develaped at that
point.
Section 5. EvaluaHan
The joint Labor/Management Committee will establish a system within the joint Laborl
Management Commiitee ta evaivate the prom�tional pracess and the pre-requisites
established. The jaint Laboc/Management Committee shall prepare a wr�tten evaluatiam
for the Deparhnent �ead within sixty {60) days a8er the administration of each written
exatninaiion.
Sectian G. Date of Written E�;aminations and Rescheduling
{a) Battatian Chief
Written examinatioz�s far the rank of Bat�alian Chief will be held on the second Tuesday
of January after the effective date of the Agreement.
(b) Captain
Written examinations for the ranlc of Captain will be held on the second Tuesday of
February after the effective date of the Agreement.
(c) Driver
Written examinations for the rank of Driver will be held on the first Tuesday of March
after the effective date of the Agreement,
(d) Rescheduling of Written Eacaminaho�s
Tt�e actual date of the examinations may be reseheduled after the examination dates in
this section in t�e event of circumstances beyand the City's control including but not
limited to extraordinary weather events or other ernergencies. In the event of a
rescheduling, no further notice of the examination is required other than khe new time,
place and date of the rescheduled examinations, notwithstandir�g sectian 143.029 of the
Texas Local Government Code. Meeting the schedutled examizzation dates outlined or
provided for in this section, or rescheduling those dates pursuant to this subsection,
precludes ariy liability for back pay or retroactive seniority for that posikion ar any lawsr
position.
Sechon 7. Exceptions ta Minimum Promotian and Rank Dil�erential Pay
Should the difference between the m�imum step for a rank and minimum step of the
next higher ranlc fall be�ow 3A%, then a Firefighter who is promoted or receives rank
differential pay ta that next highec ra.z� shall be coinpensated at the second step pay. For
a Firefighter being promoted in this manner, then that Firefighter shali continue to reCeive
18
the second s#ep pay far four years from the promotian date before receiving another step
pay in that rank,
5ee�ion $, Eligibility List
When a vacancy occurs in a nonentry position that is not appointed by fhe Department
head, the director, an request by the Department head, s�all certify to the Department
head the names of the eligibility list. This section of the article shall supercede Section
143,036(b} of the Local Gavernment Code to the extent that Sectian requi�es the
certif�cation of persons on the eligibility list to be certified three {3) persons at a time.
This section of the article is intended to omit the ac�ninistrative pracess af providing
three {3) naimes at a time and instead provide a process where all na�nes of the persans on
tY�e eligibility list are certified and provided at once when filling a �acancy for a nonentry
pvsition in the Fire Department.
Seet�on 9. Statutory Override
This article supercedea the �O�IOWI]lg 58C�iOriS O� ��18 T�X&S L4Gii� GOV�I'Iltlletlf CQf��:
section 1�3.029 to averride posting ruies in the event an examination is rescl�eduIeri;
seciions 143.030(t�} and (c) ta alter pre-requisites far promotions; section 143A30{d),
sections 143.032(a), 143,432(b), 143.032(c), and 143.032(d) tn pro�ide for pre-requisites
for the promotional process as determined by the Department head ta the extent any of
those pre-requisites may be deemed to conflict with these sectians; section 143.036(a) to
provide far the promational process in accordance with this article and to the extent any
pro�isions of this article may be deemed to conflict with this sectian; and 143.03b�h} for
the promotional �ll�bl�lt�7 I1S� �O remain in existence tu�til t�e date of the next
promotional examination far that rank,
This article further preempts, to the extent af any conflict, all contra.ry state statutes, local
ordinances, execut�ve orders, civil servicc provisions, or re�les adopted by the Departrnent
head or head af the City or by a division or agent of the City, such as the commission,
19
ARTICLE d
NEPOTISM
Section 1. Purpose
The Denton Fire Departrnenc through employment, promation, or transfer of relatives,
will not contribute to the crea�ion of a.ny inec�uity or impropriety among its members. The
purpose of this procedure is to communicate a Depariment palicy regarding ernployment
and supervisory relationships among family members.
SecHoa� 2. DefinitIon and Scope of Application
During the tea�m of this Agreement, the parties agree that the definitinn of "relative" shall
�neet the same definition of "familial relationship" provide,ci by current City Policy
Reference Number � Q2.08 dated September 3, 2002, and agree ti�is article applies to a
Firefighter as defined in this A�reemen� or a position reclassif�ed in Article 2.
Section 3. Appointment of Relattves to City Employment
Members of the Department assigned to positions that make appointments, cond�ct
interviews, pramote, etc, cannot participate and must disquali#'y themselves if a relative is
a candidate. In addition, members shall notify the Fire Chief in writing to disclose the
relationship or interest involved.
Seciion 4, Immedia#e Supervisory Rela#in�sbips
Members shall not directly supervise a relakive. D�rect or unmediate supervision includes
participation in a hiring decision, promotianal decision, diseiplinary decision, or
preparing or inflvencing a perfarmance evaluation oF a relative. In a Battalion, relatives
shail not be assigneci to the sarne shift. Temporary shift swaps or overtime assignments
ara permitted, pravided there is no immeciiate supervisory relationship. At the discretion
of the Incident Co�unander, the prohibition on the immediate supervisory relationship nf
relatives during emergency apearations is put aside.
Irrespective of the immediate supervisory relationship, members shall not participate in a
decision invalving the f�rtancial interest af a relative, including h'tring, promation,
discipline and pay increases. In addition, members sha11 not attempt to inf�uence others
in a f�naneial an#eresi of a relative.
Section 5. Change� ar Amendments During Term af Agreemen#
It is ur�derstood that d�ng the term of this agreement, if either party requ�sts in writing a
meet�ng concerning chan�es or aznendments to the definition of the terrn "relative," the
parties shali meet within ten calendaz days to discuss such changes or amendments.
Changes made to sectian 2 are �ot s�bject to ratification by che Association ar the City
Council,
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ARTICLE 7
SAFETY AND HEALTH
It is �he desire of the City and the Association ta maintain the highest standarrls af safety
and health in the Fire Department, The City and Association agree to use NFPA 1583,
NFPA 1582 and the IAFF/LA�FC Joint Wellness �itness Initiative as a guidetine for the
implementation of policy regarding health and sa%ty issues in the Department over time.
The parties agree tl�at the Wellness Cammittee will c,ontiz�ue to work on implem�ting
the requirernents af i-ule 435,21 af the Texas Commission on Fire Protection, To t�at
end, each Firefighter will undexgo a physical during the term of this Agreement. Those
�'irefighters designateci as priority according to NFPA guidclines shall undergo at least
two physicals during th� t�rm of this Agreement. Physicals shall be conducted by an
entity recommended by the Wellness Committee�, approved by the joint Labc�r
Management Committee, at�d approved by the Departir�ent head.
In furtherance of tIie parties' desired goals, the parties will explore the feasibility af a
positian in the Department that would serve as a safety and weIlness officer prior ta the
exptration of the Agreement,
21
ARTICLE $
DISCIPLINE
Section 1. Written S#�tement
If the Depariment head suspends a Firefighter, a copy of the statement giving t�e reasons
for �e suspensian shall immediately be deiivered in persan to the suspended Firefighter
and f�led with the director within 120 hours. This statement shall only be delivereci to the
camrnission ii the Firef gh#er chooses to appeal to the commission under section
143,052(d). In instanees where the �iref ghter chooses ta appeal to the commission, the
written stateinent will be forwardecl to the commission within 120 Y�ours frorn the �ne
the �'irefighter notifics th� direcior in writ�ng of �isJher choice to appeal to the
commission.
Sechon 2. Time to Inves#igate Ch�rges
In thc original written statement and charges and in any disciplinary suspension hearing
conducted under this Agreement or Chapter 143, t�e Department �ead shall �ave 180
days to investigate and take disciplinary action from the date the Department h�ad
disco�ers an aot, provided that the Department head may not complain of or take
disciplinary actian far an act (not related to crlminal activity) that occuned more t�an one
year before the date of disciplinary action.
Seckian 3. Statutary �verride
Section 1 oi the article supercedes section 143.052(c) of the Texas Local Govemment
Code requiring a statement to be forward«i to the cammissian within 120 haurs of the
suspensiQn. Section 1 also supercedes secdon 143.052(e) of the Texas Local
Governrnent Code only in that, in instances where the Firefight�r does not choose to
appea� to the commission, the written statement will not be forwarde� to the comrnission,
Section 2 of the article shall superce�e �e first sentence af section �43A52(h) af the
Texas Local Government Code. Nothing in this artiale af%cts the remainder of section
143.052(h) or affects section I43,056 ofthe Texas Local Govemment Cade.
22
ARTICLE 9
COMPENSATION
Section 1, Base Pay Philosophy
�t is the desire oi the City to recognize that the e�nployees of the City of Dentor� Fire
Department per�'orm their respnnsibilities at a level that is above the typical metrop(ex
fire agency. As such, it is the desire of ihe Cit�+ to maintain a pay philosophy that
exceeds the average mehroplex pay for fire fighters as reflected in Section 3(a), The
parties recognize the financial Iimitations faaing the City due to this challenging
economic period. Sections 3{c)-(d} of this article reflect the parties' intent to address ihe
current econamic period and are not iniende,d to serve as preeedent in future agrcements.
�ectian 2. Comparator Cities
Arlington, Carrollton, Datlas, �ort Worth, Friscc�, Garlatzd, Irving, Lewisville, McKinney,
Mesquite, Plano and Richaxdson shall continue to be useci as camparator cities for the
salary s�rvey to l�e conducted each year of this contract. The City and Association shall
convene a LaborlManagement Pay Subcommittee to perform a survey in May 2010 and
May 2011 upon which consideration for the proposed base salary adjustments for the
following fiscal yeazs s�all be caiculated. Based on the survey infnrnnation of ihe
comparator cities, the ave�age of base pay for minimums ar�d maximums for each r�k
shall he calculated and proposed for appro�ai as a part of the budget proeess, Proposecl
increases may be limited to the average base pay percentage increase for non-civil service
City empIoyees approved by the City Council in tha annual b�adget.
Seciioa 3, Compensation Proposal Calculation
(a) Com�ensation for the ranks of Fire Fig�te;r, Fire Driver, Fire Captain, and Fire
Battaiion Chief shail be proposed on the basis oi the following calculations:
The recommended base pay scale shall continue to be calcutat$d by the salary survey
conducted May 20Z0 and 2fl11, utilizing the average minimum and maximurn base salary
for each rank of the 12 comparator cities as specified in this contract, plus fi�e percent
(5%). The recommendation will prapass that the minimum and maximwn base pay for
each ran.lc, wi11 receive an increase {shauld an increase bs rec�uired) to rrzatch tne survey
average plus five percent (5%). The steps be#ween the r�,inim� and maximum steps
will be recalcula�ed to maintain e.yual separation between any new minimutn and
maximum steps.
{b} 'TY�e salary subcammittee sha11 pr�pare a r�ori ta the City Manager ta be
forwardeci to the City Council at the time th� proposed budget is submitted to the Cily
Cous�cil that will shaw the cost of implementing the pay inerease as calculated abave
compared to tha cast to pay Firefighters the same percentage increase as non-civil serviee
emp�oyees.
23
(c} Increases recommended in subsectian 3(a} may be Iimited to the average base pay
increase budgeted for non-civil service City empioyees. Should the City Cauncil apprave
a budge# that does nat include base pay increas�s for non-ci�il service emplayees, the
ranks of Fire Fighter, Fire Driver, �ire Captain, and Fire Battalion Chief shall not reeeive
any base pay increase regardless of the calculaied amount necessary to reach minsmum
and maximum rates pltas 5%.
{d) Should tl�e City Council approve a budget that includes lwnp sum pay increases
instead of an increase to base pay to non-civil service City employees, the ranks of Fire
Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief witl receive a lump sum
payment instead af an increase for non-civil service employees.
Sectian 4. Fundi�ng Obl�gations
Depending upon the financial farecasts, the Gity may i�npletnent the compensation
recommendatians in section 3 hetween the first pay periad of the fiscal year and the first
pay period of April of each fiscal year, The City presently intends to continue this
Agreement each fiscal year througl� its term, to pay all payments due, and to fully and
promptly perform tk►e obligations of th� City under this Agreement.
Ali obligations af the City shall be paid anly out of current arevenues or any other fi�nds
lawfiiliy available for those obligations, including tax revenues reasonably antiaipated at
ec�ual or �igher tatal g�oss a�nounts as we�re collected in fiscal year 2008-2009, and
appropriated for such purpose by the City Council, in complianee with the Texas
Constitution, Article XI, Sections 5 and 7.
Following the adoption af the annual budget that may establish a pay increase, shau�d the
City Council find it fiscally necessary to reduce base pay for non-civil service City
employees, ar irnplement other cost saving measurens such as mandaiory fiulaugY� or a
reduction-in-force, the increases recommended under this Articie may be reciuced
accordingly,
24
ARTICLE 10
PENSION
As of January 1, 2�10 and each successive yeaz of the Agreeme:n�, the City shall �pply
the same contributian leve�, including atzy increase or decrease, toward the Firemen's
Retirement and Relief Fund to match the City's ac#ual contr�butior� rate to the Texas
Municipal Retirement �ystem for that calendar year.
During the term of this Agr�ment, the City may commission a study by an actuarial firm
to evaluate the Fire�nen's Retirement and Relief Fund and the Texas Municipa�
Retirement �ystem when compared to each other. The City may groeeed with the study
once the Firemezi's Retirement and Relief Fund completes its next actuarial study.
25
ARTICLE 11
DEFERRED COMPENSATION PLAN
Sectio� 1. �ptin�aal Retirement Program
The City will continue to make ava�lable the IA�F Financial Co�poration 457 Plan
("IAFF PIan") as ane oi the options that a civil service employee in the Deparfinent may
elect.
A civil service employee in the Department eleeting to participate in the I.AFF Plan
assumes full responsibility far taac or penalty provisions as applicable unde�r federal, siate
or local law.
�
ARTICLE 1Z
ASSOCIATION BII3INESS LEAVE
S�cnon 1. Assoeiatian Business Leave
Auchorized Associatior� Representatives v�rho aze on duty shall be per�mitted to have paid
time off, designated as Assoeiation Business Leave (ABL), to conduct Association
business under t�e canditions specifted in ihis article provided that the ABL does not
impact the mission of De�artment incl�ding operations, staffing, training or other
scheduleci Departsnent functions.
Sechon 2. Permitted Uses of ABL
ABL may be used fox activities that directly support the mission of the Department or the
Associatian, or are de�tned rnutually beneficial ta both the Departrnent and Association,
but do not otherwise violate the specific terms of this article. It is specificaily understoad
and agreed t�tat no paid time off shall be utilized far political lobbying at the local, state,
or national level.
The Department head will malce reasonable scheduling adjustments and accommodations
pursuant to ABL requests to a�low authorized Association Representative to participate
on behalf of �he Associatian to attend scheduled Meet and Con#'er negotiating sessions,
sub-commii#ee meetings, and ,�oint Labor/Management Committ�e sessions beriveen the
AssoaiaHon and the City.
The Association President ar l�is/tter designee may be granted reasonable time off
pursuant ta an ABL request during working haurs to investigate and process grievances,
to attend Civil Service, Arbitratian, or Court Hearings and to represcnt Association
employees in disoiplinary action provided t�at the President or his�her dessgnee shall
request permission from his Battalion Chief. Whenever possible, notification is ta be
made prior ta or at the beginning of a shift.
The offzcers of the Association may be grar�ted ABL for rnembership rneetings of the
Association that take piace when such officers are se�eduled to be on duty. This �eave
with pay shall be limited to one ( f) meeting p�r month not to exceed rivo (2) �ours per
meeting,
ABL may be ganted up to two {2) Associatzon representatives to attend the TSAFF or
IAFF convention, TSAFF Leadership Conference. TSAFF Service Trasning Class, IAFF
Aifiliate Leadership Training Seminar, or the IAFF Human Relations Canference.
The Association shall endeavor to conduct all necessary Associakion husiness during the
non-working time to the greatest number of Firefighte�rs required for such business to the
greatest extent possible.
27
Section 3. Written Request Required
All requcsts for ABL must be in writing atid submi�tecl at least ihree (3} days in advar�ce
to F�re Administration but requests should be made as soon as possible. To be cunsidered
timely, the request must be xeceived in person, by fax, or by e-mail by noon of fihe day
notice is due.
8ec�ion 4. Approval of ABL Requests
The Dep$rtment head or tl�e Department head's designes wili xeview timely ABL
reques�s ta determine approva� based on operations, stai�'ing, training or other scheduled
Department funations,
28
ARTICLE 13
CONTRACT INTERPRETAT�ON
DISPUTE RESOLUT�4N PROCEDi7RE
Section 1. Scope of Procedure
The City and Association recog�ize that from time to tirr�e disagreements between the
Par#ies may arise as to the application or intezpretatian a�` this Agreement. The Parties
tt�e;refore agree that the purpose of this dispute resalution procedure is to pro�ide a just
and equi�able metk�vd £or resolving disagreements betvveen the Parties regarding the
application or interpretation of #l�te pro�isions of ttus Agreement. Matters involvirtg the
interpretation, application, or alteged �iolations of a specified provision of this Meet and
Confer Agreement shall be subject to this dispute resolufion procedure, Any matters for
which the right af appeal is a£forded by Subchapter p of Chapter 143 of the Texas L,ocal
Government Code are excepted from the scope of this article.
�ec�ion 2. Appiication �f Pracedure
If the Associatian has a dispute with tha City regarding this Agreement, the Assaciation
should reduce the dispute ta writing and delivear it ta the City's designated representati�e,
who shall be its Department head or designee.
A Firefighter or newly clasaified employee under Article 2 in the Department may not
file a request for contract dispate resolution directly with the City; all resnlution rec�uests
must be approved and come from the Assaciation Grie�ance Cornmittee. Each dispute
shall be submitted an a form similar to the one attached as an e�ibit to this Agrecment,
and mt�st include, at minimum, the following information:
(1) a brief statemcnt of t�e dispute and the facts or events an which it is based;
(2} the sections(s) of the Ageetnent alieged to have been violated;
(3) the remedy or adjustment sou�t; and
(4) the bargainaing unit member's signature or, if filed by the Association, the
signature of the Association Grievance Committee chairman or Assooiation
President.
Any claim or dispute by an employee or group of employee� under this Agreement which
inctudes a claim for pay or benefits for an� past pay periods must be filecl by the
employee with the Assaciation within thirty (30) days of tl�e date when the emgloyee
knenv or �easonably should have knawn of #he clasm.
�
Disputes by the Assoeiation, Firefighter, or a newly cIassified employe� under Article 2
shall proceed along the following steps:
Step �. Ac� agg�ieved FirefigY�ter or newly classified employee under Article 2 must
initiate a dispuie with the Association Grievance Cammittee within thirty (30) calendar
days of the date upon which the Firefighter or newly classified employee k�ew of or
should have lct�own of the facts giving rise ta the dispute. A copy of notice or receipt of
the dispute shail be forwarded ta the Department head by the Association Grievance
Com�nittee within (3} business days of the receipt of the dispute. The Association
Grievance Committee shall within their sole discretion decermsne if a dispute exists, If
t�e Assaciation Grievarice Committee detearmines tl�at na dispute exists, it shall notify the
Departrnent h�ad in vtimiting thaf no further proceedings wili be necessary. If the
Association Grie�ance Committee deterrnines that the dispute is valid, it shall within
�ifteen (15) business days after receipt af the dispute, proceed fa Sfep 2 oF the proce,�ure.
Step 2. Any dispute found to be valid by the Association Grie�vance Committee shait be
subrnit�ad to the Depattment head wiihin five (5} business days of the Step 1 c�ecision.
After receipt af the dispute, the Department head shall within thirty (30) days subrnit his
response in writing to the Association Grievance Committee.
The Department head rnay require by policy for submission of eontract disputes within
the Chain af cc�mmand, but shall have a duty to determine the matter within thirty (30)
days of its receipt from the Association.
Step 3. If the dispute is not resolved in 5tep 2, the Association Grievance Committee
may advance the dasputa in wriking tv t.�ie City Manager or designee within ten (10)
business days fram receipt of the Step 2 decision by the Department head. The City
Mac�ager or designated representa�ive shall review fhe matter and render a decision in
writing to the Associakion Grievance Committee wi#�,�n ten {10) business days af the
receipt of the dispute. 'I'tte City Manager or designee �nay, at �is or her discretion,
conduct a conference to fw�ther explore tF�e merits of the dispute and to explare resalution
opiions.
Step 4. if the dispuke is not resalved in either Step 3, either Party s�all have the right to
seek mediation of the dispute by requesting same in writing within ten {10) business
days. The mediation will proceed before sither a mediatar with the Federal Meciiation
and Conciliation Service or before a mutually agreed mediator. The mediatian shall be
held in available facilities of the City of Denton.
Step 5. If the dispute is not resolved at 8tep 4, the Association shail have ten {10}
b�siness days from the ciate af inediation to determine whether it will ptrrsue the dispt�te
under this article through arbitration. Under this step, the Association must deliver a
ietter indicating its selectian far ar�itration to the Departinent head.
30
Sectio� 3. Arbitration Option
The Parties have agreed that a11 disputes under this Ageement, which concern the
application and interpretation of this Agreement, shal� be submitted to f�nal and binding
arbitration, and the �'arties except from this Agreement disputes invalving statutory
application and interpretation for rights and claims not arising under sections I42 or 143
af the Texas Locai Govemment Cade. The terms of the Agreement, and any factual
issues which are dete:rminative in applying the Agreement, shali be the sole province of
the designated arbitrator, and his or her decisian s�all be final. However, the City wi�l
only agree to arbitration on the condition that legal issues which are de#erminative in any
contract dispute are subject to judieial review. This additional exception ta the Parties'
arbitration Agre�ent is a narrow one, as reflected by the bargaining history. This
eontract represents an agreement to submit disputes to arbitration within its scope, and
otl�erwise preserves the exisring junisdiction of Texas Courts ove�r any cannaet r�ghts and
clairns not exclusively commi�ted to arbitration. The Parties have agreed tk�at questions of
law, which in�olv$ either the interpretatian and apglication of stata statutes or the
app�icatipn of legal principles from Texas appetlate cotut opinions (or the failure to
properly apply such legal principles or opinions} to controversies �ander this article shall
be submitted initially to arbitration, but thai either party shall have a limited right af
appeal from an arbitration award in the Caurts solely for the p�upose ai rerriewing
dispt�ted issues of law, No such appeal from arbitration shall include review of any
factual deterrni�atinns by the arbitrator, i�cluding credibility of witnesses or weight of
t�-ie evidence, If an appeal from arbitration based on erroneous applicaiion of the iaw is
nat successful, the appealin� Party shall bear all costs af such appeal.
If a disp�te is subrnitted to arbi�ration, within seven (7) calendar days, the Department
head and/or City and the Association shall select an arbitrator by alternately striking
names from the Parties' pre-determined panel of six {6) qualified neutral arbitrators. The
Association shail strike the first name under this article with� t�e fixst dispute brou�ht
under this article. Thereafter, the first strike sha�l alternate between the Parties. The
panel list is attached as Exhibit "A" to this Agr�ement. Shou�d any panei member
subsequently refuse or be unabie to continue to ser�e on che panel, the Parti�s may
anutual�y agree to his replacement frozn a znutually accepted list of three arbitrators. In
the event the parties cannot mutually agree to a re,plaeement, the rernaining memb�s of
the panei will continue to serve for the duration of the Agreement.
The arbitration should be held at the earliest a�ailable date, but may be eontinued for
good cause shown or upon mutual agreement.
T}�e hearing shall be hald in available facilities oiF tlae Czty of Denton and shall be
eonducted in#'ormally, without strict evidentiary ar procedura.t rules, The conduct af the
hearing s�all be governed by the standard rules of �he AmeTican Arbitration Association.
The arbitrator shall consider and decide only the issue{s) in the tiispute statement or
submitted i❑ writing by agreement af the Parties. TI�e hearing shall be concluded as
31
expeditiously as possible and the arbitratar's written decisio� s�all be based on a
preponderance of evidence wit�in thirty (30} days after close n£ the hearing.
Section �. Deeision Final and Biu�sding
If arbitration is selected, the Parties specifically agree that the acbitratar's authority shaIl
he strictly limited to inierpre�ing and applying the explicit provisions of this Agreement,
The arbitrator shall not have autharity to modify the Agreement ar create addiiional
provisions not include� in the Agreement. The Parties agree ��at neither the City nor the
Association sha.il have ex parte communications with the arbitrator concerning any
matt� involved in the dispute submitt�d to the arbitrator, Each �'arty shall be responsible
for its own �xpenses in prepazirtg for and representing itself at azbiiration, but the fees af
the arbitrator shall be borne equally by the Parties. The written decision of the arbitratar
shall be �inal and binding on both Patties and may not be appealed by ei�her i�atty, except
for any decisian procured by fraud or callusion, or which exceeds the arbitratnr's
juz�isdiction or which is based on legal canclusions or intecpre�ations which are clearly
contract to existing iaw.
Section 5. Mutual Extensiou
All deadlines within this article may be extended by mutual agreement by th� Parties.
Secdan 6. Grievances of Non-Association Members
Grievances of Non-Assaciation membe�'s must foliow the same procedure autlined by
this article. However, shauld the grievance of a Non-Associaiion member require that
Association resources be used, the Non-Associatinn mennber wil� be requ�rexl to pay �11
expenses incurred while pursuing final disposition of their grie�ance. These shall include
cast for paytnent of Arbitrator fe�s, counsel fees and any other fees directly related to the
grievance. All disciplinary grievances shall follow procedure as outlined in chapter 143
of Local government Code. Notwithstanding the a�ove any non-Association member
may unilaterally utilize the appeal procedures for disciplinary actions as pravided under
such Chapter 143.
32
ARTICLE 14
TERM OF AGREEMENT
This Agreement shall have an effective date of October 1, 2009, and �hait remain in full
force and effect through September 30, 2012, and may be muivafly extended by both
Parties.
33
ARTICLE 15
SAVINGS CLAUSE, PREEMPTION PROVISION, AND COMPLETE
AGREEMENT CLAUSE
Section 1. Savings Clause
Ii any provisian af this Agreeznent is randered invalid by a court of competent
}utistiictian, such invalidity shall not affect any other provisian af this Agreement, which
shall cantinue to be in ful� force and effect for the duration of the Agreement, and the
Parties shall meet as soon as possihle to agree on a substitute pro�vision. Howe�er, if the
Parties are unable tn agree wit�►in thirty (30} days following cornr�aencement of the snitial
meeting, then the matter shall be postponed uncil Meet and Confer neg�tiations are
resumecl. 'F�s deadline may ba exte�ded by mutual agreement by the Parties. To this
end, the provisions of this Agreement are se�erable. This Agreement may be amended
by written snutual agreement.
Section 2. Preemptivn Provision
The provisions of this Agree�menf shall supercede the provisions of any statute, Execu�ive
Order, local ordinance, ar rule, which are in conflict herewith, including for example and
not by way of limitation, the contrary provisions of Chapter 143; Ordinances of t�te City
of Denton, Texas; and Local Rules and Rag�zlations of ti�e FsrefigY�ter's Civil Service
Commission for the City of Denton, Texas, '�is preemption provision is authorized by
section I42.117 of the Texas Local Government Code, and the Parties have expressly
agreed that each and evary provision involving or creaiing such a con#lict shall have the
effect of superceding the statutory standard ar result whiah wauld otl�erwise abtain, in the
absence of thss Agreement. T`�is provisior� is of the essence to the bargain ar�d
Agreement, which has been reached.
Sectian 3. Camp�ete Agreement Clause
The Parties agree that each has had full and u�res�ricted right and opportunity to malce,
advance aaad discuss all matters properly within the meet a�td confer process. This
Agreement constitutes the fiili and complete Agreement of the Parties and tl�ere are na
ot�ers, oral or written, except as specified in this Agreement. Hawever, to the extent i#
may be shown to be necessary to go outside the four corners of �e Agreement, the
Negotiation History Document drafted by the Pay Subcommittee may be utilized tn show
the intent of the Parti,es.
34
SIGNATURE & EXECUTION PAGE
THE FOREGOING INSTRUMENT AS BEEN DULY NEGUT�ATED,
REVIE�VED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED
BELOW:
THE CITY �F DENTON, TEXAS �
(Approved by Denton City Council on �., of � 2009}
By; �_ Dated: a
GEORGE G CAMPBELL
CITY MANAGER
By; Dated: �
NNI�E ALTERS �
ITY SE TARY
A�'PROVED:
APPROVED AS TO FORM:
�-� '�
RO�S CHADVVICK HN KNIG
FIRE CHIEF DEPUTY CITY ATTORNEY
THE DENTON FIRE FIGHTERS A SOCIATION, L4CAL 1291
(Ratified by DFFA Membership on ��f �,. i�w 2Q09},
By: „��.,_
IKE TUCKE
PRESIDENT
BY: Dar�a: d� �' 3`; �0°9
JAS S.SALLARD
SECRETARY
3S
Norman Bennett
��15 KIri�
Francis Quinn
Bill Daiwiler
Donald Goodman
John Barnard
EXHIBIT A
PANEL (3F ARBITRATORS
36
EXHIBIT B
Eligibility to take the Dentan Fire Department Pramotional Exaznsnation
for �ire Driver Classification
l. In order to be eligible tn take the pramotiona! examina�ion for the Denton Fire
Department D�ver classification, a candidate must �ave accomplished the
following:
a) Serve three years in the Denton Fire Department classificafion of Fire
Figl�ter.
b) Successfully complete the Denton Fire Department Driver School at
least once. The Driver Sc�ool shall be conducted at least every two
c}
d)
e)
years.
Hold current certificakian by the Texas Commission on Fire Protectian
as a Driver/Operator.
Hold current certificatian by the Texas Department of State Health
Servsces as a Paramedic.
Successfiil caxnpletion of an ant�ual Driver Skills Test,
2. The Dento� Fire Department Drive� 5kills Test is a Pass/Fail check off shee# to
help �et�mine the operational campetence of a promotionai candidate,
a) 'T�e Driver Skills Test remains in effect for twelve months from
successful completion.
b} Successful completion of the Denton Fire Department Driver Schaai
includes a Driver Skills Test,
a) The Dnver Skills Test may be administered by Station Captains or
officers in thc Training division.
37
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
ALIgLISt %, ZOIZ
Materials Management
Jon Fortune �
Questions concerning this
acquisition may be directed
to Terry Kader at 349-8729
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute a contract with the Houston-Galveston Area Council of Governments
(HGAC) Contract FS12-11 for the acquisition of a Pierce Velocity Custom Pumper Tnicic
EP/357 for the City of Denton Fire Department; and providing an effective date (File 4992-
Pumper Fire Tnicic for Fire Department awarded to Siddons-Martin Emergency Group in the
amount of $543,503).
FILE INFORMATION
Replacement of fire apparatus is based on the evaluation of several criteria including hours,
mileage and maintenance, which are translated into a point system by the City's Fleet Services
division. The replacement criteria for fire apparatus is 120 months for frontline service and 60
months in a reserve capacity. This acquisition of a new Pumper Tnicic is the result of closely
coordinated efforts by Fleet Services and the Fire Department to ensure that vehicles and
equipment are replaced in a timely manner. This ensures that Fire Department emergency
response capability operates as effectively as possible.
The new pumper tnick will enter frontline service as a replacement for Pumper FD0127. Pumper
FD0127 was purchased in April 2002, and will enter reserve status as a replacement for Aerial
FD9614. Aerial FD9614 was placed in service in March 1996 and has accumulated 11,400 hours
of service at a cost of $209,183 lifetime to-date maintenance and repair. FD9614 Aerial tnicic
will be scheduled for auction upon delivery of the proposed replacement for FD0127. The new
pumper tnicic will be built and the manufacturer estimates the equipment can be ready for service
within eight months. There are no local procurement options for this type of equipment
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
1) Review and adoption of the FY 2011-2012 Vehicle Replacement Schedule through
adoption of the FY 2011-2012 Annual Operating Budget
2) Certificate of Obligation Reimbursement Resolution, October 4, 2011
Agenda Information Sheet
ALIgLISt %, ZOIZ
Page 2
RECOMMENDATION
Staff recommends the approval of the purchase through H-GAC Contract FS12-11 in the amount
of $543,503 to Siddons-Martin Emergency Group.
PRINCIPAL PLACE OF BUSINESS
Siddons-Martin Emergency Group
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
The purchase and delivery of the equipment will occur within 275 days of purchase order
issuance.
FISCAL INFORMATION
This equipment will
810106464.1355.30100.
system.
EXHIBITS
be funded from Certificate of Obligation Bond account
Requisition #109037 has been entered in the Purchasing software
Price Quote from Siddons- Martin Emergency Group
Respectfully submitted:
`� � �����_ �
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-.�IS-File �992
Exhibit 1
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v, �� � �j� 4� �� f�� � t� //// �/rria i/�i/�I /f(�SI�� � i✓-'%��Os, �� j P�
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�/irfr7w/r�� ��r�y;rii/����rr/�, :.%!�'��/r,rw� re�i ,� i�j/r(� ��� i�� : �i��� �Wi�,�/l�%�� ���r, i� �%(raG' �-�
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�
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d �,�°�_ � ., ,.. ��� � .:���, ,,, �,.,�,. ,r��, . :�,�.:�.
�uly 17, 2012
City of Denton Fire Department
322 E Hickory
Denton TX 76201
3500 Shelby �ane
Denton, Texas 76207
GDN P115891
TXDOT Franchise No. A115890
EIN: 26-1557803
RE: Proposal for Pierce Velocity Custom Pumper; EP/357
Dear Captain Monty Perry,
Siddons-Martin Emergency Group the licensed and authorized dealer for Pierce
Manufacturing Inc. in the State of Texas is pleased to provide the following
proposal for Truck Description. This proposal is based on the accompanying
proposal specifications, which are tailored to meet your needs. The proposal
pricing is based on current HGAC (Houston Galveston Area Council) FS12-11
contract pricing and includes the fees associated with an HGAC purchase.
Pierce Velocity Pumper; EP/357
$ 5 51,80 5.00
chassis prepay $276,740 provides a discount of $8302.00
Final Price with discount = $543,503.00
To take advantage of prepayment discounts, payment must be made by net 30.
The proposal pricing includes the delivery cost from Plant. Travel expenses for
Two (2) of your personnel to travel to our factory for two (2) Trips are included.
Delivery time for the proposed unit will be within 7 to 8 mOrlths from the
date of order which will be the date a Purchase Order is received by Siddons-
Martin Emergency Group.
This proposal is valid until September 17, 2012.
Tax is excluded from this proposal. In the event the purchasing organization is
not exempt from Sales Taxes or any other applicable taxes and/or the
Proposal for City of Denton Fire Department Page 1 of 3
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EP/357
proposed apparatus does not qualify for exempt status, it is the duty of the
purchasing organization to pay any and all taxes due.
Balance of sales price is due upon acceptance of the apparatus at the factory.
Payment must be remitted to:
Payment Mailing Address
Siddons-Martin Emergency Group
P.O. Box 975262
Dallas, TX 75397-5262
Payment Wiring Information
JP Morgan Chase Bank, N.A.
Dallas, TX 75201
Routing #: 111000614
Account # 923009930
Fed Tax ID 26-1557803
Any changes to the original specification will be invoiced or credited as a
separate transaction from the original proposal.
A late fee of .033% of the sale price will be charged per day for overdue
payments beginning ten (10) days after the payment is due for the first 30
days. The late fee increases to.044% per day until the payment is received.
In the event of a Prepayment received after the due date above, the
discount will be reduced by same percentages above increasing the cost of
the apparatus.
In the event this proposal is accepted and a purchase order is issued then
cancelled or terminated by City of Denton Fire Department before completion,
Siddons-Martin Emergency may charge a cancellation fee. The following charge
schedule based on costs incurred may be applied:
(a) 10% of the Purchase Price after order is accepted and entered by
Pierce;
(b) 20% of the Purchase Price after completion of the approval drawings;
(c) 30% of the Purchase Price upon any material requisition.
The cancellation fee may increase accordingly as costs are incurred as the order
progresses through engineering and into manufacturing. Siddons-Martin
Emergency endeavors to mitigate any such costs through the sale of such
product to another purchaser; however, the customer shall remain liable for the
difference between the purchase price and, if applicable, the sale price obtained
Proposal for City of Denton Fire Department Page 2 of 3
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EP/357
by Siddons-Martin upon sale of the product to another purchaser, plus any
costs incurred by Siddons- Martin to conduct such sale.
In an efFort to ensure the above stated terms and conditions are understood
and adhered to, Siddons-Martin requires an authorized individual from the
purchasing organization to sign and date this proposal and include it with any
purchase order.
Upon signing of this proposal, the terms and conditions stated herein will be
considered binding and accepted by City of Denton Fire Department. The terms
and acceptance of this proposal will be governed by the laws of the state of
Texas. Venue of any claim regarding this proposal will lie in the county Denton
Fire Department is located. No additional terms or conditions will be binding
upon Siddons-Martin Emergency Group unless agreed to in writing and signed
by a duly authorized ofFicer of Siddons-Martin Emergency Group.
Sincerely,
�usse// Ma6ra
Russell Mabra
Sales Representative
972.342.4196
rmabra an.siddons-martin.com
I, , the authorized representative of City of
Denton Fire Department agree to the terms of this proposal.
Signature
Date
Proposal for City of Denton Fire Department Page 3 of 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A CONTRACT WITH THE HOUSTON-GALVESTON
AREA COUNCIL OF GOVERNIVIENTS (H-GAC) CONTRACT FS12-11 FOR THE
ACQUISITION OF A PIERCE VELOCITY CUSTOM PUMPER TRUCK EP/357 FOR THE
CITY OF DENTON FIRE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE (FILE
4992-PUMPER TRUCK FOR FIRE DEPARTMENT AWARDED TO SIDDONS-MARTIN
EMERGENCY GROUP 1N THE AMOUNT OF $543,503).
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council 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 recommended
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 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. The numbered items in the following numbered file for materials,
equipment, supplies, or services, are hereby approved.
FILE
N [_JIVIBER VENDOR AMOUNT
4992 Siddons-Martin Emergency Group $543,503
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for
such items and agrees to purchase the materials, equipment, supplies, or services in accordance
with the terms, conditions, specifications, standards, quantities and for the specified sums
contained in the bid documents and related documents filed with the H-GAC, and the purchase
orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of
the City's ratification of bids awarded by H-GAC, the City Manager or his designated
representative is hereby authorized to execute the written contract; provided that the written
contract is in accordance with the terms, conditions, specifications and standards contained in the
Proposal submitted to H-GAC, quantities and specified sums contained in the City's purchase
orders, and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to talce any actions that may be required or permitted to be performed by the City of
Denton under the File 4992 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2012.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:•
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY:
3-OItI)-File 4992
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
ALIgLISt %, ZOIZ
Materials Management
Jon Fortune �
Questions concerning this
acquisition may be directed
to Phil Williams at 349-8487
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute a Professional Services Agreement by and between the City of Denton, Texas and
POWER Engineers, Inc. for Electric Design and Engineering Services pertaining to a
Transmission Line Routing Study and Environmental Assessment Study for Reconstniction of
the Hicicory Substation to Locust Substation Transmission Line for Denton Municipal Electric;
authorizing the expenditure of funds therefor; and providing an effective date (File 4995 in an
amount not-to-exceed $215,515). The Public Utilities Board recommends approval (6-0).
FILE INFORMATION
It is necessary for Denton Municipal Electric (DME) to reconstnict the Hickory Substation to
Locust Substation 691cv Transmission Line because of age, to increase the capacity of the line,
and to stnicture the line for conversion to 1381cV operation in the future. Therefore, a formal
routing study and environmental assessment is needed to exanune the current route for adequacy
and evaluate options for relocating or improving the route of the transmission line. A detailed
description of the project is included in the attached Public Utilities Board Agenda Information
Sheet (Exhibit 1).
DME has selected POWER Engineers, Inc. based on their extensive work with other entities
including San Antoniq Austin, and the Public Utilities Commission ("PUC") on Competitive
Renewal Energy Zones (CREZ) proj ects. Rob Reid, Vice President of Environmental Proj ect
Development for POWER Engineers, Inc. has testified successfully before various city councils
and before the PUC many times on the subject of transmission line routes and substation sites.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On July 23, 2012, the Public Utilities Board recommended approval to forward this item to the
City Council for consideration.
RECOMMENDATION
Approve a Professional Services Agreement with POWER Engineers, Inc. in the not to exceed
amount of $215, 515.
Agenda Information Sheet
ALIgLISt %, ZOIZ
Page 2
PRINCIPAL PLACE OF BUSINESS
POWER Engineers, Inc.
Austin, TX
ESTIMATED SCHEDULE OF PROJECT
The completion of the route studies is estimated to talce six months after Council approval. The
contract will remain open until all scheduled public meetings, Public Utilities Board, City
Council and University of North Texas presentations have been made in accordance with the
scope of services included in the agreement.
FISCAL INFORMATION
The services will be funded from Capital Improvement Project account 602949498.1365.6500.
Requisition #1090ll has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Information Sheet
Exhibit 2: Public Utilities Board Draft Minutes
Respectfully submitted:
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Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-.�IS-File �99 �
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM #1
AGENDA INFORMATION SHEET
AGENDA DATE: July 23, 2012
DEPARTMENT: Electric Engineering
UTILITIES ACM: Howard Martin, Utilities, 349-8232 �
SUBJECT
Consider recommending approval of a Professional Services Agreement for a transnussion line
routing and environmental assessment study for reconstniction of the Hickory Substation to
Locust Substation transmission line which includes a substation siting study for a new substation.
(#4995 awarded to POWER Engineers, Inc., Austin, Texas in the not-to-exceed amount of
$215,515).
BACKGROUND
It is necessary for Denton Municipal Electric ("DME") to reconstnict the Hickory Substation to
Locust Substation 691cv transmission line because of age, to increase the capacity of the line, and
to stnicture the line for conversion to 1381cV operation in the future. This transmission line was
constructed in the early 1960's. While inspections show that the line is still sound, it is nearing
the end of its service life. The line consists of a single circuit 691cV transmission line, two
circuits of distribution, and varying numbers of phone, fiber, and TV cable for most of its length.
The line is routed through residential and commercial areas and through the LTNT campus. The
Capital Improvement Plan provides for a proj ect to reconstnict this line.
The need to reconstnict the line provides an opportunity to examine the current route for
adequacy and to evaluate the potential options for relocating or improving the route of the line.
To this end, DME proposes that POWER Engineers be engaged to perform a formal routing
study and environmental assessment (a Routing Study/EA) for the transmission line. Because a
new substation is needed in the area of the LTNT campus and the new station will have to be
served from the reconstnicted transmission line, it is also recommended that the siting study for
the new substation be included. POWER Engineers' proposal is attached as Exhibit "A" to the
proposed Professional Services Agreement.
DME has selected POWER Engineers based on their extensive and successful worlc with other
entities, including San Antoniq Austin, and worlc with the Public Utilities Commission ("PUC")
on CREZ projects. Rob Reid, with POWER Engineers has testified successfully before various
city councils and before the PUC many times on the subject of transmission line routes and
substation sites. The proposal from POWER Engineers is attached as Exhibit 1. The proposal
contains detailed information on approach and deliverables. Attachment 3 to the proposal is a
summary of the process that will be followed in the proposed study.
AIS — PUB Agenda Item # 1
July 23, 2012
Page 2 of 2
Taslcs in the proposed Routing Study/EA will involve providing a definition of the study area,
data acquisition and analysis, preparation of visual information, provision of resources for public
meetings, and preparation of the formal study documentation. The purpose of a routing study is
to develop a number of "practical" transmission line alternative routes in the project study area
and to prepare a credible routing study document for use by DME. The POWER Engineer
approach and documentation in the Routing Study/EA is intended to fulfill all project
requirements for a route location study.
OPTIONS
1. Recommend awarding the Professional Services Agreement to POWER Engineers, Inc.
2. Not recommend awarding the Professional Services Agreement to POWER Engineers, Inc.,
and direct that other actions be taken.
RECOMMENDATION
DME recommends awarding the Professional Services Agreement to POWER Engineers, Inc., in
the amount of not-to-exceed $215, 515.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Staff has reviewed the need for this study with both the PUB and Council in a previous meeting.
DATE SCHEDULED FOR COUNCIL APPROVAL
ALIgLISt %, ZOIZ
FISCAL INFORMATION
This approved CIl' project will be funded with bond funds.
EXHIBITS
1. Proposed Professional Services Agreement with POWER Engineers, Inc.
2. Scope of Services - POWER Engineers, Inc.
Respectfully submitted:
/ , ►1
r' d
Phil Williams
General Manager of Electric Utilities
Denton Municipal Electric
Prepared by:
Chucic Sears
Transmission Engineering Manager
Denton Municipal Electric
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Exhibit 2
DRAFT MINUTES
PUBLIC UTILITIES BOARD
July 23, 2012
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, July 23, 2012 at 9:03 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
Present:
Absent — Excused
Chairman Dic1c Smith, Billy Cheelc, Phil Gallivan, Leonard Herring,
Barbara Russell, and Randy Robinson
John Baines
Ex Officio Members: Howard Martin, ACM Utilities
Absent:
George Campbell, City Manager
ITEMS FOR INDIVIDUAL CONSIDERATION:
1) Consider recommending approval of a Professional Services Agreement for a transmission
line routing and environmental assessment study for reconstniction of the Hickory Substation
to Locust Substation transmission line which includes a substation siting study for a new
substation. (#4995 awarded to POWER Engineers, Inc., Austin, Texas in the not-to-exceed
amount of $215,515).
Item#1 was pulled by Board Member Russell. Russell aslced why this item was not put up for
bid. John Moore, Executive Manager of Energy Delivery, stated that this is professional services
agreement. Some agreements like engineering by law you can't take bids on them. For safe
guard you wouldn't go with low bid. There is a long history of law that has pushed public
entities like Municipals away from bidding of professional services. Staff did check with one
other entity and got a feeling for their terms and conditions and what they would charge. They
were more pipe line oriented instead of electrical transformer. Moore has had a lot of experience
with this firm. They have been the dominant firm dealing with this type of issue. Herring aslced
how we lcnow that $215,515 is a good number. Moore answered they have provided a long list
of taslc, they have provided all of the hourly rates and have made an estimate based on their
experience. This is actually an estimate but will be a not-to-exceed. The purchase order will
have not to exceed on it.
Board Member Russell motioned to approve item 1, second was by Board Member
Robinson. Vote 6-0 approved.
Adj ournment 12:OOpm
ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND POWER ENGINEERS, 1NC. FOR
ELECTRIC DESIGN AND ENGINEERING SERVICES PERTAINING TO A
TRANSMISSION L1NE ROUTING STUDY AND ENVIRONMENTAL ASSESSMENT
STUDY FOR RECONSTRUCTION OF THE HICKORY SUBSTATION TO LOCUST
SUBSTATION TRANSMISSION LINE FOR DENTON M[_JNICIPAL ELECTRIC;
AUTHORIZING THE EXPENDITLJRE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE NO. 4995 1N THE AMOUNT NOT-TO-EXCEED $215,515).
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to engage the engineering firm of POWER Engineers, Inc. a Corporation located in
Austin, Texas ("POWER"), to provide the City with professional electric design and engineering
services pertaining to POWER' S work in support of the city's capital improvement plan
regarding a transmission line routing study and environmental assessment study for
reconstniction of the Hickory Substation to Locust Substation transmission line for Denton
Municipal Electric; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional services by Denton Municipal Electric, and that
limited City staff cannot adequately perform the specialized engineering and other professional
services and taslcs, with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act," generally provides that a city may not select a provider of
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, lcnowledge, and qualifications,
and for a fair and reasonable price; and
WHEREAS, the City Council hereby finds and concludes that POWER is appropriately
qualified under the provisions of the law, to be retained as an engineering firm for the City and
for its department, Denton Municipal Electric, respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
"Professional Services Agreement;" NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble hereto are tnie and correct and
are incorporated herewith as a part of this Ordinance.
1
SECTION 2: The City Manager is hereby authorized to execute a Professional Services
Agreement (the "Agreement") with the engineering firm of POWER Engineers, Inc., a
Corporation, for professional design and engineering services pertaining to the interests of the
City and of its electric department, DME, as hereinabove described, in substantially the form of
the Agreement which is attached hereto as Exhibit "A" which is incorporated herewith by
reference.
SECTION 3: The award of this Agreement is on the basis of the demonstrated
competence and qualifications of the firm of POWER, and the ability of POWER, to perform the
professional design and engineering and related services needed by the City for a fair and
reasonable price.
SECTION 4: The expenditure of funds as provided for in the attached Agreement is
hereby authorized.
SECTION 5: This ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED this the day of , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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By:
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MARK A. BLJRROUGHS, MAYOR
Exhibit A
STATE OF TEXAS §
§
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of the day of _ .................................................................................., 2012,
by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices
at 215 East McKinney Street, Denton, Texas 76201 (hereinafter "OWNER") and POWER
Engineers, Inc., a Corporation, with its offices at 7600-B North Capitol of Texas Highway, Suite
320, Austin, Texas 78731 (hereinafter "CONSULTANT"); the parties acting herein, by and through
their duly-authorized officers and representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows:
ARTICLEwI
ENGAGEMENT OF ENGINEERING FIRM
This Agreement is for the purpose of retaining the engineers and support personnel of
POWER Engineers, Inc. to perform professional design and electric engineering services for the
City of Denton, Texas. CONSULTANT hereby agrees to perform the services herein in connection
with the Project as stated in the Articles to follow, with diligence and in accordance with the
professional standards customarily obtained for such services in the State of Texas. The
professional services set forth herein are in connection with the following:
Professional electrical engineering and design services regarding the preparation of a
transmission line routing and environmental assessment study for reconstruction of the
Hiekory Substation to Locust Substation transmission line which includes a substation siting
study for a new substation (hereinafter the "Project").
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. To perform all those services and tasks as set forth in CONSULTANT'S written proposal
issued on June 28, 2012 provided to Denton Municipal Electric ("DME"), a department of
OWNER, which proposal is attached hereto and incorporated herewith by reference as
Exliibit "A."
B. If there is any conflict between the terms of this Agreement and the E�ibits attached to this
Agreement, the specific terms and conditions of the proposal shall control over the general
terms and conditions of this Agreement.
1
ARTICLE III
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in
force for the period that may reasonably be required for the completion of the Project, and any
required extensions approved by the OWNER; or until the monetary consideration expressed herein
is wholly exhausted, whichever event shall first occur. 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
expediently as possible and to meet the schedules established by the OWNER, acting through its
General Manager of DME.
ARTICLE IV
COMPENSATION
A. COMPENSATION TERMS:
"Direct Non-Labor Expcnsc" is dcfincd as that cxpcnse, based upon actual cost plus an
additional ten (10%) percent, for any expense reasonably incurred by the CONSULTANT in
the performance of this Agreement and other incidental reasonable expenses incurred in
connection with the Project. Provided however, any reasonable sub-consultant billings
reasonably incurred by CONSULTANT in connection with the Project shall be invoiced to
OWNER at those billings cost plus up to an additional ten (10%) percent.
B. BILLING AND PAYMENT:
Far and in consideration of the professional services and related expenses to be performed by
the CONSULTANT herein, the OWNER agrees to pay CONSULTANT based upon the rates
set forth in Exhibit "A" which is attached hereto and incorporated by reference herewith; a
total fee, not to exceed $215,515.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its General Manager of DME
or his designees; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfaetory as reasonably determined by the General Manager of DME, or which is not
submitted to the OWNER in compliance with the terms of this Agreement. The OWNER
shall not be required to make any payments to the CONSULTANT when the
CONSULTANT is in default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments by
the OWNER for any charge, expense or reimbursement above the m�imum not to exceed
fee as stated hereinabove.
2
C. PAYMENT
If the OWNER fails to make payments due the CONSULTANT for services and expenses
within thirty (30) 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 thirtieth (30th) day, and in addition, the CONSULTANT may, after
giving ten (10) days' written notice to the OWNER, suspend services under this Agreement
until the CONSULTANT has been paid in fitll for all amounts then due and owing, and not
disputed by OWNER for services, expenses and charges. Provided, however, nothing herein
shall require the OWNER to pay the late charge of one percent (1%) per month as set forth
herein, if the OWNER reasonably determines within fifteen (15) days subsequent to the
receipt of a billing invoice of CONSULTANT, with such notice provided to CONSULTANT
within that time period, that the work is unsatisfactory, in accordance with Article IV of this
Agreement.
ARTICLE V
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any of its subcontractors or subconsultants.
ARTICLE VI
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants, if any) pursuant to this Agreement are instruments of service and
shall become the property of the OWNER upon the termination of this Agreement, except that
OWNER shall not gain ownership of any intellectual property that the CONSULTANT uses to
create project documents ar deliverables. The CONSULTANT shall grant to the OWNER a
nonexclusive, perpetual, royalty-free, world-wide, limited license under copyright to use solely for
its own benefit, for intemal purposes only, and only with its own personnel and without rights to
sublicense, such intellectual property that belongs to the CONSULTANT as is necessary for the
OWNER to make the agreed use of the deliverables as contemplated by the Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this project and OWNER'S
use of these documents in other projects shall be at OWNER'S sole risk and expense. In the event
the OWNER uses the Agreement in another project or for other purposes than specified herein any
of the information or materials developed pursuant to this agreement, CONSULTANT is released
from any and all liability relating to their use in that project.
ARTICLE VII
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 VIII
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, attorneys and employees from and against liability, damages, losses and
expenses, including but not limited to court costs and reasonable attorney fees incurred by the
OWNER, and including 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, attorneys and employees in the execution, operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLEmIX
INSURANCE
During the perfoiYnance of the Seivices 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 A. M.
Best Rate Carriers of at least an "A-" or above:
A. Comprehensive General Liability Insurance with bodily injury limits of $1,000,000 for each
occurrence and $1,000,000 in the aggregate, and with property damage limits of $100,000
for each occurrence and not less than $100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of $500,000 for each person and
$500,000 for each accident and with property damage limits for $100,000 for each accident.
C. Warker's Compensation Insurance (if applicable) in accordance with statutory requirements
and Employer's Liability Insurance with limits of $100,000 for each accident.
D. Professional Liability Insurance with limits of $1,000,000 annual aggregate.
E. CONSULTANT shall furnish insurance certificates to the Purchasing Agent of OWNER to
evidence such required coverage within fifteen (15) days of the date of approval of this
Agreement. The insurance policies shall name the OWNER as an additional insured on all
such policies to the extent legally possible (save and except the coverage described in
Subparagraph C. and D. of this Article), and al of such policies shall contain a provision that
such insurance shall not be cancelled or modified without thirty (30) days prior written notice
to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the
effective date of the change or cancellation of coverage, deliver copies of any such substitute
insurance certificates furnishing at least the same policy limits and coverage to OWNER.
The OWNER agrees to limit the CONSULTANT's liability for insurable events arising
from the CONSULTANT's performance to the insurance limits herein. The
CONSULTANT's liability far non-insurable events including breach of contract or breach
�
of warranty shall not exceed $250,000.
Neither the OWNER nor the CONSULTANT nor either party's suppliers, agents, officers,
and directors shall have any liability regardless of the theory of recovery, including breach of
contract or negligence, to the other party or any other person or entity for any indirect,
incidental, special, or consequential damages, cost or expense whatsoever, including but not
limited to loss of revenue or profit, whether actual or anticipated, loss of use, failure to realize
anticipated savings, loss of or damage to data or other commercial or economic loss. This
waiver of consequential damages is made regardless that (i) either party has been advised of
the possibility of such damages and (ii) that such damages may be foreseeable.
ARTICLE X
�.__._ ................................................_
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 ar relating to, this Agreement involving one party's
disagreement may includc thc othcr party to the disagreement without the other's approval.
ARTICLE XI
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty-(30) day's 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 effected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than (30) calendar days to cure the failure;
and (2) an opportunity for consultation with the terminating party priar to termination.
C. If the Agreement is terminated priar to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services and shall render a final bill far services
to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay
CONSULTANT for all services properly rendered and satisfactorily performed, and for
reimbursable expenses prior to notice of termination being received by CONSULTANT, in
accordance with Article IV of this Agreement. Should the OWNER subsequently contract
with a new consultant for the continuation of services on the Project, CONSULTANT shall
cooperate in providing information to the OWNER and the new consultant. The
CONSULTANT 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 files. CONSULTANT agrees that it shall also fully
comply with any and all written requests received from the OWNER, through its Director of
Solid Waste, to maintain confidentiality respecting certain designated records, documents,
and other written materials related to the Project, which the OWNER reasonably determines
is competitively sensitive, and would likely cause damage to the OWNER if disclosed to the
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public or to any other person, party, ar entity,
ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the wark by the OWNER shall not constitute nor be deemed a release of the
responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors,
and sub-consultants far the accuracy and competency of their work performed pursuant to this
Agreement; nor shall such approval by the QWNER be deemed as an assumption of such
responsibility by the OWNER for any defect in the design or other work prepared by the
CONSULTANT, its officers, employees, agents, subcontractors, and sub-consultants.
ARTICLE XIII
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States mail
at the addresses shown below, by means of U. S. Mail, postage prepaid, certified mail, return receipt
requested, unless otherwise specified herein.
To CONSULTANT:
POWER Engineers, Inc.
7600-B North Capitol of Texas Hwy., Suite 320
Austin, Texas 78731
Telephone: (512) 795-3700 x6908
To OWNER:
City of Denton, Texas
Attn: City Manager
Denton City Hall
215 East McKinney Street
Denton, Texas 76201
Telephone: (940) 349-8407
and
City of Denton, Texas
General Manager
Denton Municipal Electric
1659 Spencer Road
Denton, Texas 76209
Telephone: (940) 349-8487
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given.
ARTICLE XIV
ENTIRE AGREEMENT
This Agreement, consisting of nine (9) pages and one (1) exhibit, constitutes the complete and
final expression of the Agreement of the parties and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications understandings, and
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agreements which may have been made in connection with the subject matter of this Agreement.
ARTICLE XV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement,
and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended.
ARTICLE_XVII
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 ar ancestry, age, ar
physical handicap.
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure at its own expense all personnel
required to perform all the services required under this Agreement. Such personnel shall not
be employees or officers of, nor have any contractual relations with the OWNER.
CONSULTANT shall inform the OWNER of any conflict of inierest or potential conflict of
interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its direct
supervision. All personnel engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services.
ARTICLE
DELAYS
The CONSULTANT shall not be responsible for delays caused by factors beyond the
CONSULTANT's reasonable control, including but not limited to delays because of strikes,
lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or
other regulatory authority to act in a timely manner, failure of the OWNER to furnish timely
information or approve ar disapprove of the CONSULTANT's services or wark product promptly,
or delays caused by faulty performance by the OWNER or by contractors of any level. When such
delays beyond the CONSULTANT's reasonable control occur, the OWNER agrees that the
CONSULTANT shall not be responsible for any damages, nor shall the CONSULTANT be
deemed to be in default of this Agreement. In the event of such delay, the schedule shall be
extended for a period of time equal to such delay and the CONSULTANT shall be compensated for
any costs, expenses or damages incurred as a result of such delay.
ARTICLE
CHANGES IN THE SCOPE OF WORK
Change Orders
(a) The OWNER, without invalidating this Agreement, may order changes in the scope of
work consisting of additions, deletions, or other revisions, CONSULTANT's compensation and the
design completion date being adjusted accordingly. All such changes in the Project shall be
authorized by Change Order, signed by the OWNER and the CONSULTANT. The
CONSULTANT shall not be required to perform out-of-scope or extra work without its written
approval.
(b) A Change Order is a written order to the CONSULTANT, signed by the OWNER (or its
authorized agent) and the CONSULTANT, issued after the execution of this Agreement,
authorizing an addition, deletion, or revision in the Services or an adjustment in the Contract
Price or the Schedule.
(c) The increase or decrease in the Contract Price and change in Schedule resulting from a
change in the Project shall be determined by mutual agreement.
(d) Subject to (e) below, if the parties are unable to agree to a Change Order, the
CONSULTANT, upon receipt of a written order signed by the OWNER, shall pramptly proceed
with the Services involved. The cost of such additional Services shall then be determined on the
basis of the actual time and expense incurred far performing the Services attributed to the change,
charged at the rates set forth in the Schedule of Charges. In such case, the CONSULTANT shall
maintain a separate time and expense accounting for the additional Services. The amount of
decrease in the Contract Price resulting from any deletion or change will be the amount of the actual
net decrease computed by the CONSULTANT. When both an increase and decrease occur in any
one change order, the change in compensation shall be calculated by adding the increase or
subtracting the decrease to arrive at a net change.
(e) If the parties are unable to come to agreement on the terms of a Change Order within
thirty (30) days, they shall submit the dispute to resolution pursuant to Article X of this
Agreement.
ARTICLE XIX
ASSIGNABILITY
The CONSULTANT 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 priar written
consent of the OWNER. CONSULTANT shall promptly notify OWNER, in writing, of any change
of its name as well as of any material change in its corporate structure, its location, and/or its
operations.
h ��..�. i �" �.���� XX
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith.
No evidence of any waiver or modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed.
The parties further agree that the provisions of this Article will not be waived unless as herein set
forth.
ARTICLE XXI
MISCELLANEOUS
A. The following E�ibit is attached to and made a part of this Agreement:
E�ibit "A" --- CONSULTANT'S proposal dated June 28, 2012 issued by
POWER Engineers, Inc. to the City of Denton, Texas entitled "Denton
Municipal Electric — Locust to Hickory 138 kV Project — Scope of Services
B. OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this Agreement. The CONSULTANT shall retain such
books, records, documents and other evidence pertaining to this agreement during the contract
period and five years thereafter, except if an audit is in progress or audit findings are yet
unresolved, in which case records shall be kept until all audit tasks are completed and
resolved. These books, records, documents and other evidence shall be available, within ten
(10) business days of written request. Further, the CONSULTANT shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents
and other evidence pertaining to this agreement, and to allow the City similar access to those
documents. All books and records will be made available within a fifty (50) mile radius of the
City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an
overpayment of 2% or greater. If an overpayment of 2% or greater occurs, the reasonable
cost of the audit, including any travel costs, must be borne by the CONSULTANT which must
be payable within fifteen (15) business days of CONSULTANT'S receipt of the OWNER'S
invoice.
Failure to comply with the provisions of this section shall be a material breach of this
contract and shall constitute, in the OWNER'S discretion, grounds for termination
thereof. Each of the terms "books", "records", "documents" and "other evidence", as
used above, shall be construed to include drafts and electronic �les, even if such drafts
or electronic files are subsequently used to generate or prepare a final printed
document.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accardance with the
laws of the State of Texas.
D. For the purpose of this Agreement, the key person who will serve as Project Manager
respecting this engagement shall be Rob Reid, Principal of CONSULTANT. Brian Macik,
Environmental Planner shall also be a point-of-contact far OWNER. However, nothing
herein shall limit CONSULTANT from using other qualified and competent engineers,
consultants and administrative support personnel of their firm to perform the services required
herein.
E. CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are
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 to, and make all provisions for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professional services under this Agreement.
G. T`he captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms ar conditions of this Agreement.
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through its duly-authorized officials; and CONSULTANT has
executed this Agreement by and through its duly-authorized undersigned officer, on this the mmmmmmmmmmmm mmmm
dayof .................�............................................................................ro 2012.
• �/� '
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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GEORGE C. CAMPBELL, CITY MANAGER
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TABLE OF CONTENTS
�. POWER ENG/NEERS, /NC. COMPANY OVERV/EW
2. PROJECT APPROACH
3. SCOPE OF SERV/CES
4. SCHEDULE
5. BUDGET
1. POWER ENGINEERS, INC. COMPANY OVERVIEW
POWER ENG/NEERS A T A GLANCE
• Employee owned
• 28 offices nationwide
• Over 1,500 employees
• Began in 1976
CORPOR.4 TE OVERV/EW
POWER Engineers is a full-service, interdisciplinary environmental consulting firm of professional
engineers, planners and resource specialists offering services in environmental planning; biological and
cultural resources; public involvement; visualization, hazardous materials/wastes; water quality and
resources; hydrology; Geographic Information Systems; environmental compliance; geoengineering and
geosciences and landscape architecture.
We have managed a diverse array of projects, from feasibility or permitting to complex multidisciplinary
projects spanning multiple states and dozens of jurisdictions. We plan and manage projects for electric
delivery systems, renewable power generation, transportation, oil and gas pipelines, and communication
and industrial facilities.
ENV/RONMENTAL EXPERT/SE
POWER has focused on providing comprehensive environmental consulting services to clients for over
three decades. Our staff consists of industry experts, specializing in the following aspects of
environmental services:
• Environmental siting and feasibility studies
• State regulatory compliance
• NEPA compliance
• Environmental planning
• Biology (wildlife, aquatic and botanical)
• Hydrological and wetland studies
• Archaeology
• Complete resource analysis
• Visualization technology
• Landscape architecture
• GIS and asset management
POWER's Environmental Business Unit is housed within the Resource & Asset Management Division
and staffed with over 150 environmental professionals.
ENV/RONMENTAL STAFF BACKGROUND
POWER's environmental planners and scientists are leaders in environmental services and have
successfully completed many projects in the Southern and Southwestern United States including
numerous recent routing studies and state-level EAs in Texas.
The firm has worked closely with numerous federal agencies including the U.S. Forest Service, U.S. Fish
and Wildlife Service, Corps of Engineers, Bureau of Land Management and state and local agencies in
developing more than 150 National Environmental Policy Act (NEPA) compliance documents,
management plans and associated permits. We have conducted interagency coordination at varying levels
of detail, generally dictated by the involvement and interest of the various agencies (cooperating agencies
under NEPA versus other involvement for state-level projects). Interagency coordination has been
achieved informally through meetings, open houses or workshops and formally through processes such as
joint review procedures.
In addition to routing transmission line projects, our environmental staff has also prepared numerous
archaeology surveys, Phase I environmental site assessments, due diligence reports, storm water pollution
prevention plans, Section 404 wetland and waters ofthe U.S. permits, and have been involved in FAA
notification, road crossing permits, and permit and agency coordination meetings.
POWER's proposed team is very experienced with the requirements of transmission line routing
methodology. POWER fully understands the requirements to route, permit, construct and energize new
transmission lines in Texas. Our proposed team has extensive experience in preparation of Routing
Study/EA's and also with providing written, oral and rebuttal testimony from an expert witness.
Mr. Rob Reid joined POWER on August 1, 201 L Mr. Reid brings his expertise and long history in Texas
with successful transmission like projects. Mr. Reid will be the Project Manager on the Locust to Hickory
138 kV Transmission Line Project, and his resume is included as Attachment 1 to this proposal. In
addition, Brian Macik and other key POWER resource staff possess direct transmission line experience.
These individuals further complement POWER's team and will help expedite Denton Municipal
Electric's (DME's) Locustto Hickory 138 kV Transmission Line Project. Brian Macik's resume is
included as Attachment 2 to this proposal.
PUBL/C /NVOL VEMENT
As a significant component of our work for all environmental planning, permitting, and impact
assessment projects, POWER frequently coordinates and facilitates public meetings and workshops. The
scope and setup of these meetings are tailored to the needs of each specific project. If planned correctly,
public meetings can enhance the understanding of decisions and build trust among stakeholders.
We have set up and facilitated public and agency meetings, technical workshops, planning sessions, and
draft review meetings. We have organized meeting arrangements, prepared press releases and public
announcements, prepared visual presentations and displays for meetings, prepared questionnaires,
prepared and sent out scoping statements and newsletters, and have documented the results of comments
and input received in detailed scoping reports and summaries.
ADD/TONAL EXPERT/SE
POWER also has e�tensive experience in the following areas and can provide more information to DME
about these additional capabilities if requested. These services are not included in the scope of services
for budgetary purposes.
• Visualization/Photosimulation Services
• Geoengineering and Geoscience Services
PO/NTS OF CONTACT
Two points of contact are provided below.
Mr. Reid will serve as the Project Manager and is available to DME to discuss and/or address project
needs. Mr. Reid will be the main point of contact for the routing process and preparation of the Routing
Study/EA. Brian Macik will be the second point of contact for the routing process. Mr. Macik is available
to answer proj ect questions and attend meetings with or in place of Mr. Reid.
Rob Reid
Proj ect Manager
(512) 795-3700 x6908
rob. reid�a,powereng. com
Brian Macik
Environmental Planner
(512) 795-3700 x6904
brian.macik�a,powereng.com
:�
2. PROJECT APPROACH
PROJECT UNDERSTAND/NG
Denton Municipal Electric (DME) is proposing upgrade in its current or new location the existing 69 kV
Locust to Hickory transmission line to a 138 kV transmission line in the City of Denton, Texas. The
Locust to Hickory 138 kV Transmission Line Project is proposed to connect the Locust Substation,
located northwest of the intersection of South Locust Street and Daugherty Street, to the Hickory
Substation, located northwest of the intersection of West Hickory Street and North Bonnie Brae Street.
The proposed study area will be based on the project endpoints, the Locust Substation and the Hickory
Substation. Land use within the study area will primarily include residential and commercial development
and the University of North Texas. The Project will be located in the central portion of Denton, Texas.
The services requested under this proposal include tasks required to prepare a Routing Study and
Environmental Assessment (Routing Study/EA). These tasks include data acquisition and analysis,
support staff for public meetings, and coordination and preparation of the Routing Study/EA.
The purpose of a routing study is to develop a network of "practical" transmission line alternative routes
in the project study area and to prepare a credible routing study document. Our approach and
documentation in the Routing Study/EA is intended to fulfill all project requirements for a route location
study.
KEY ISSUES
POWER's intent is to identify and evaluate routes for the proposed project objectively in a defensible
manner and according to City of Denton requirements, considering such factors as community values,
recreational and park areas, historical and aesthetic values, and overall environmental integrity.
To identify reasonable route alternatives, the land use and environmental constraints and linear routing
opportunities must be identified and mapped. The constraints identification and mapping analysis used in
project planning will ultimately be used as the basis for alternative route development. The land use and
environmental data collected during the initial phase of the project will form the basis for the description
of baseline conditions of the environmental assessment for the proposed transmission line.
A key issue for routing this project includes the compatibility ofthe proposed project with existing and
planned land uses, specifically high-density residential areas and the University of North Texas campus.
Other issues involve utilizing or paralleling existing utility corridors (or other linear features), the
sensitivity of the public, and historic properties/residences.
ROUTING STUDY/EA METHODOLOGY
Our goal is to provide focused data gathering and the mapping of sensitive land use and environmental
resources to capture the relevant issues for routing the transmission line. POWER will utilize a systematic
approach (detailed in Section 2. Scope of Services) to collect and document resource information and to
apply criteria to assess the level of sensitivity for each resource. This systematic approach will be detailed
in our final Routing Study/EA and will establish the process required to make the alternative routes and
their evaluation defensible.
POWER will conduct the environmental assessment and alternative route analysis in accordance with
POWER and DME's methodology and general criteria used on similar projects in Texas in the past.
The first stage of our routing process is to identify and refine the study area. The study area map will
define the area that will contain all reasonable routing alternatives. The logic of boundaries will be
discussed with DME during the project kick-off ineeting and documented in the Routing Study/EA.
Once the study area is established, our team will collect data pertaining to land use, biological, cultural,
and other resources. We will compile information through a variety of different sources including agency
letters and contacts, initial field reconnaissance, and existing resource data, reports, and mapping.
Our team will then assess sensitivity levels of each resource by considering potential direct and indirect
impacts associated with the construction, operation, and maintenance of the proposed line. Subsequent to
generating the resource maps, our GIS team will create a composite constraints map that includes
information from all resource maps (e.g., habitable structures, historic buildings, etc.) and represents the
constraints and opportunities for identifying opportunity areas for the new transmission line. We will then
identify the preliminary alternative route segments based on an analysis of the potential opportunities and
constraints for line siting.
The project preliminary segments/routes will be presented at two public meetings and public input will be
collected. After the public input is considered and the public input analysis is complete, modifications
may be necessary to the preliminary segments/routes. A set of primary alternative routes will be
determined and the detailed data collected will provide the baseline by which potential impacts will be
identified, and appropriate mitigation measures will be recommended. We will develop the impact
assessment methodology and an impact assessment methodology for each resource based on sensitivity,
quality, quantity, and impact duration. Comparative data will be assembled for each primary alternative
route and evaluated with evaluation criteria.
POWER will then prepare a Routing Study/EA that documents the following:
• The transmission line routing process, including constraints and opportunities identification, and
development of the preliminary alternative route segments;
• Types of land use and environmental issues that will likely be the focus of the impact assessment
and any mitigation planning;
• Results of the Public Meetings;
• Rationale for selection of the primary alternative routes; and
• Detailed land use and environmental data analysis for the primary alternative routes.
QUAL/TYASSUR.4NCE/QUAL/TY CONTROL (QA/QC) PROCESS
POWER was founded on the strong belief that the long-term growth and prosperity of a business is
directly dependent on conscientious work. Our commitment to quality starts before the design process
begins. Our work plan is the foundation of the quality process.
Before projects are initiated, detailed task descriptions and checklists are developed to define project
requirements and to provide the environmental team and support personnel with an accurate basis for
planning. We use systematic quality assurance and quality control (QA/QC) procedures for documents on
all projects.
Our QA/QC program objectives include meeting DME's and agencies' requirements, compliance with
applicable laws, regulations, policies, and sound technical practices of the disciplines involved.
Additionally, client review and approval milestones are built into project schedules to ensure that clients
have input and, therefore, receive the products they expect.
TEST/MONY
Frequently, a utility's application for construction of a new transmission facility requires written and/or
verbal expert witness support. This can occur during the course of normal proceedings or in contested
cases. Under either circumstance, well-thought-out, well-documented, credible testimony — written or oral
— that is presented simply, clearly and accurately is essential for a successful result.
POWER's environmental and engineering staff have developed effective strategies and provided
successful expert testimony in support of electrical transmission line projects. This has included written
support and oral testimony before regulatory agencies and routing committees, at public hearings and
meetings, and in civil court proceedings. This testimony has covered both routing and technical issues.
Additionally, our staff has worked with clients and their attorneys to prepare briefs, to prepare their staff
for public testimony, and to provide the required backup documentation. We have provided these services
for multiple clients in several states.
If DME's proposed Locust to Hickory Transmission Line Project requires any information to be provided
under oath following presentations to the City Council, POWER proposes Rob Reid as the expert witness.
His testimony and court-case support are not included in the scope of services for budgetary purposes.
3. SCOPE OF SERVICES
TASKS, SERV/CES & DEL/VER.4BLES
Our scope of services presents POWER's approach to the list of tasks, services and deliverables that we
propose to provide to DME on the Locust to Hickory Transmission Line Project. It is the intent of our
scope of services to:
• Define the scope of work so you know exactly what we intend to do.
• List areas of responsibility.
• List the deliverables that you will receive.
• Lists the assumptions that we have made.
• Identify key project concerns and our proposed solutions.
• Serve as a ready-made project control system and the fundamental requirement for quality control
when the project begins.
• Become the foundation for project scheduling and budgeting throughout the project life.
TASK OUTL/NE
Task 0 Project Management
Subtask 0.1 Project Supervision
02 Project Control
0.3 Schedule
0.4 Status Reporting
0.5 Quality Program
Task 1 Project Startup
Subtask 1.1 Proj ect Kick-Off Meeting
12 General Routing/Siting Process
13 Aerial Photography
1.4 Initial Field Reconnaissance
1.5 Finalize Study Area & Base Map
1.6 Finalize Evaluation Criteria
Task 2 Alternatives Development
Subtask 2.1 Collect E�sting Data
22 Initial Agency Contact
23 Sensitivity Analysis
2.4 Composite Opportunities & Constraints Map
2S Identify Preliminary Alternative Route Segments
2.6 Preliminary Alternative Route Segment Review
Task 3 Public Open House Meetings and Presentations
Subtask 3.1 Public Open House Meeting Graphics and E�ibits
32 Public Open House Meeting Attendance
3.3 Public Open House Meeting Analysis
3.4 Presentation Graphics and E�ibits
3.5 Presentation Attendance
3.6 Presentation Analysis
3.7 Primary Alternative Routes
Task 4 Routing Study/EA Preparation
Subtask 4.1 Data Refinement
42 Impact Assessment and Mitigation Planning
43 Primary Alternative Route Comparison
4.4 Habitable Structure Inventory
4.5 Project Description
4.6 Draft Routing Study/EA
4.7 DME Review & Comments
4.8 Review Meeting
4.9 Final Routing Study/EA
Task 5 Substation Visualization
Subtask 5.1 Work Product Descriptions
52 Deliverables
5.3 Scope
5.4 Assumptions
�
TASK O
PROJECT MANAGEMENT
Our objective is to provide services to DME that will best facilitate the Routing Study/EA review and
approval process before the Denton City Council. To do this we will meet DME's schedule, budget and
technical quality requirements for the project, while coordinating closely with DME on the Routing
Study/EA, agency coordination and the public involvement process.
Project Supervision. Our project team is presented in this proposal. We have also established methods
for supervising and coordinating project participants.
Project Control. To provide project accounting and manage the project budget, POWER uses the
following control tools to track the project's progress at all times:
• Project scope of services
• Change order/work scope variance documentation
• Internal weekly financial reporting
• Project control functional matri�weekly checklist
Schedule. POWER will create and maintain a milestone schedule. This project schedule will be updated
monthly. We will create a detailed schedule rolled up by months that will become the actual schedule
after further development at the project kick-off ineeting.
Status Reporting. POWER recommends monthly or more frequent project status meetings with DME.
We have successfully used WebEx to host project meetings and propose this as an option on this project.
POWER's project manager and/or another team member can also attend the meetings in person as
required by DME. The type of ineeting will depend on the project needs or DME's project manager's
preference.
Quality Program. We will follow a stringent quality program throughout the entire project to provide
high-quality deliverables. The quality program will be based on our established program, which uses
checklists to verify that deliverables meet established standards.
10
TASK �
PROJECT STARTUP
Our goal for the proj ect startup task is to build and assemble the baseline data that will establish the
physical parameters for the environmental assessment and Routing Study/EA. We will utilize aerial
photography to identify and finalize the study area boundary, which will establish the area within which
we will collect data. POWER will document the logic of the boundaries for inclusion into the EA.
SUBTASK 1.1 PROJECT KICK-OFF MEETING
Responsibility: POWER/DME
Deliverable(s):
• Preliminary Study Area Boundary
• Documented Logic of Study Area Boundary
• Preliminary Evaluation Criteria
At the project kick-off ineeting, we will meet with DME to review project goals, establish lines of
communication, document procedures and protocols, finalize the scope of services, budget, and schedule,
and verify roles and responsibilities. The meeting will also allow DME and POWER to establish the
finalized work plan.
At the kick-off ineeting we will present a preliminary study area boundary. With input from DME, we
will jointly determine the boundaries of the study area within which the Routing Study/EA will be
performed. Development of the study area boundary is further discussed in Subtask 1.4.
A preliminary list of evaluation criteria will be presented to DME at the kick-off ineeting. The evaluation
criteria will reflect accepted practices for the routing of transmission lines. Development and refinement
of the evaluation criteria is further discussed in Subtask 1.5.
Assumption(s):
• Proj ect manager and one other team member will attend the kick-off ineeting in DME's office.
SUBTASK 1.2 GENERAL ROUTING/SITING PROCESS
Responsibility: POWER
Deliverable(s):
• Draft General Routing/Siting Process document
• Final DME Utility Transmission Facility General Routing/Siting Process
At the project kick-off ineeting, DME will provide a detailed history of transmission line routing within
the DME system. POWER and DME will collaboratively discuss the general transmission line
routing/siting process used by cities such as San Antonio and the process followed by regulated utility
companies who must gain approval for new transmission lines from the Public Utility Commission of
Texas. POWER has developed a draft General Routing/Siting Process included as Attachment 3, which
presents an annotated step-by-step procedure for DME's potential use in future projects. Following
DME's review and comments on this document, POWER will finalize the DME Utility Transmission
11
Facility General Routing/Siting Process. POWER and DME can then discuss the options for how this
process can be effectively implemented in the City of Denton.
Assumption(s):
• DME will review the draft General Routing/Siting Process document, included as Attachment 3 to
this proposal prior to the kick-off ineeting.
• POWER and DME will discuss the process at the kick-off ineeting.
• POWER will finalize the process following the kick-off ineeting.
SUBTASK 1.3 AERIAL PHOTOGRAPHY
Responsibility: DME/POWER
Deliverable(s):
• Rectified Color Digital Aerial Imagery of the Entire Study Area
DME will provide POWER with rectified color digital aerial imagery of the entire study area. This source
of photography will provide the accuracy and resolution needed to reasonably identify habitable
structures and other relevant routing information for the Routing Study/EA. This imagery will also
provide the resolution required for high-quality mapping products required in other parts of the Routing
Study/EA.
POWER will obtain readily available aerial imagery if DME does not have recent aerial imagery for this
project. POWER and DME will review the quality of the readily available imagery (i.e. level of accuracy,
date flown, resolution, etc.) and agree on what imagery will be used.
Assumption(s):
• DME will provide the rectified color digital aerial imagery of the entire study area that will be
useful for producing clear prints.
• The rectified aerial photography will facilitate identification of various land use categories, linear
facilities, vegetation coverage, and habitable structures.
• The rectified aerial photography will facilitate identification of habitable structures within 300
feet of the centerline of proposed transmission line alternatives.
• Costs for aerial imagery are not included in this proposal.
SUBTASK 1.4 INITIAL FIELD RECONNAISSANCE
Responsibility: POWER
Deliverable(s):
• Field Notes and Summary of Initial Field Reconnaissance
POWER will make field observations of the study area to become familiar with the local project area,
identify opportunity areas, examine existing lines and adjacent land uses, and identify other natural
features. This initial trip will identify technical or environmental challenges and note other sensitive
features or conditions that may affect the preliminary study area boundary and evaluation criteria,
environmental permitting, design, construction or right of way acquisition.
12
Assumption(s):
• One day field trip for two team members from POWER including travel time.
SUBTASK 1.5 FINALIZE STUDY AREA & BASE MAP
Responsibility: POWER/DME
Deliverable(s):
• Finalized Study Area Boundary and Base Map
• Documented Logic of Study Area Boundary
We will prepare a study area base map for review by DME at the kick off ineeting. The final base map
will include utilities, transportation (roads, railroads, etc.), and existing linear features, in addition to
neighborhood development boundaries, topography, hydrography, and University of North Texas
boundaries. We will base the study area boundary on the endpoints for the transmission line provided by
DME, and a map analysis of the physical, maj or land use and topographic constraints that would define
"reasonable" transmission line alternatives.
Assumption(s):
• The study area will be finalized via digital files and telephone conference.
• Existing digital map data and scale will be acceptable.
• Existing utility location information will be provided by DME.
SUBTASK 1.6 FINALIZE EVALUATION CRITERIA
Responsibility: POWER/DME
Deliverable(s):
• Finalized evaluation criteria
Based on the initial field reconnaissance, POWER will review and modify, if necessary, the preliminary
evaluation criteria identified in Subtask 1.1. The evaluation criteria will be finalized with input from
DME.
Assumption(s):
• DME will provide input on the final evaluation criteria.
13
TASK 2
AL TERNA T/VES DEVELOPMENT
Our objective is to conduct an objective alternative routing study. The routing methodology will be
documented and consider factors such as community values, recreational and park areas, historical and
aesthetic values, and environmental integrity. The EA will include study area identification and
refinement, collection of existing environmental data, field reconnaissance from public viewpoints, and
constraint identification and mapping. It will also explore land use and environmental issues that will
likely be the focus of the impact assessment and any mitigation planning.
SUBTASK 2.1 COLLECT EXISTING DATA
Responsibility: POWER
Deliverable(s):
• Resource Inventory
o Land Use
o Cultural Resources
o Biological Resources
o Wetlands and Water Resources
o Visual Resources
o Physiography/Geohazards
Supporting Database for Resource Inventory
Preliminary Documentation for EA
POWER will acquire and review existing and readily available data from secondary sources such as the
Texas Historical Commission (THC), State Historic Preservation Office (SHPO), Denton County, City of
Denton, U.S. Fish and Wildlife Service (USFWS), U.S. Army Corps of Engineers (USACE), Texas Parks
and Wildlife Department (TPWD), Texas Natural Diversity Database (TXNDD), Texas Commission on
Environmental Quality (TCEQ), and other library sources such as published and unpublished reports. We
will obtain linear facility data such as e�sting transmission lines, major water/wastewater lines, and gas
pipelines in GIS or CAD format from DME and other readily available sources.
We will prepare resource information and a database specific to the study area and prepare graphical and
written analysis of existing resources. We will conduct a high-level literature review and records search
for identified cultural resources within the study area. We will begin preparing the EA sections
documenting the current status of the e�sting land use and environmental resources to be evaluated in the
study.
The EA will include information on the following resources:
Land Use
• Residential and Commercial Concentrations — POWER will obtain and map developed and
developing areas using recent aerial photography. Refer to Subtask 4.4 for a description of the
detailed Habitable Structures Map and inventory.
• Electronic installations.
All airstrips within 20,000 feet and heliports within 5,000 feet of any potential alternative route,
including those outside of the study area boundary.
All agricultural lands including pasture or croplands irrigated by traveling irrigation systems.
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• Obtain and review Denton County and City of Denton comprehensive plans, as needed.
• Parks, recreation, and preservation areas:
o Collect data from TPWD and other agencies for parks and designated wildlife
management areas or other special management areas.
o Map state or local parks, monuments and trails, developed recreation areas, etc.
• Linear facilities, public facilities, and utilities:
• Review existing data files and update as readily available through e�sting sources, and map and
document into EA. This would include pipelines, roads, existing transmission lines, and other
linear features.
• Conduct a field review of current land uses along the proposed alternatives to supplement aerial
photography interpretation.
Cultural Resources
• Power will provide qualified and experienced professional cultural resource staff to identify
cultural resource constraints within the study area and evaluate 138kV transmission line routing
alternatives within the framework of POWER's overall project planning process. POWER's
cultural resource identification and evaluation efforts will begin with collection and review of
officially recorded cultural resource sites data on file with the Texas Historical Commission as
well as Denton County and the City of Denton. The records check will identify all recorded
historic sites within the project Study Area, including historic-age buildings, districts, structures
and objects, as well as historically designated cemeteries using a variety of hard-copy and internet
sources. Given that the City of Denton and Denton County have active historic preservation
programs, POWER's cultural resources staff will also contact official representatives from those
programs to identify any additionally recognized, but not yet listed, cultural resource sensitivity
areas within the Study Area. The identified cultural resource locations will be assembled into
POWER's environmental and cultural resource database for later use in analysis of alternative
project routes.
• POWER will supplement the cultural resource records review by conducting a brief windshield
reconnaissance of the study area to confirm recorded historic site locations and district
boundaries. The windshield reconnaissance also will include reconnaissance-level mapping and
sample photographs of additional properties and neighborhoods that appear to be of sufficient
historic-age and historical integrity to warrant inclusion in POWER's alternative route analysis.
POWER's cultural resources staff will also take photographs and prepare field notes to document
incompatible and non-historic alterations that detract from the integrity of setting and feeling of
historic cultural resources in the Study Area.
• POWER's cultural resource staff will use the results of the records review and windshield
reconnaissance to develop a brief written summary of relevant historical and cultural constraints
within the Study Area for inclusion in POWER's planning and route analysis document for the
project. A complete list of recorded historic and cultural properties as well as other historic-age
resources identified during the windshield reconnaissance will be presented in a tabular format
along with maps of their locations. The written summary may also include sample photos to
illustrate existing conditions in and around identified historic sites.
Biolo�ical Resources
• Collect any known threatened and endangered species and habitat information from sources such
as TPWD and USFWS, or other sources that may have available data.
• Document existing native vegetation and any high-quality riparian and wetland habitats present,
etc.
15
Wetlands and Water Resources
• Evaluate maps and e�sting agency data, including surface waters, rivers and river crossing areas,
wetlands (using U.S. Department of Interior National Wetland Inventory (NWI) maps or other
existing data sources), riparian systems, and streams.
Visual Resources
• Identify residential concentrations, parks, cemeteries, and designated scenic streets/highways.
Phvsio�raphv/Geohazards
• Identify soils within the study area.
• Identify geohazards, such as faults, liquefaction, slumping or other unstable areas.
• Agricultural lands (refer to land use).
Assumption(s):
• No field surveys or biological surveys to acquire data will be conducted in this task.
• County soil surveys and internet resources will be used for soils identification within the study
area.
• Cultural resource records search would include THC records.
• Data collected will be used for constraints and opportunities mapping (Subtask 2.4).
SUBTASK 2.2 INITIAL AGENCY CONTACT
Responsibility: POWER
Deliverable(s):
• Proposed Agency/Contact List
• Agency/Contact Letters
In this subtask we will develop a proposed list for the initial agency/contact letters for input about the
study area. The list will include federal, state and local agencies which have jurisdiction, special interest
or may have specific input related to the proposed project. Our proposed agency/contact list is anticipated
to include:
• Judge and Commissioners of Denton County
• City of Denton officials
• Planning Departments of Denton County and the City of Denton
• Railroad Commission of Texas
• Economic Bureau of Geology
• Texas Department of Transportation
o Headquarters and District Office
• Texas Department of Transportation — Aviation
• Texas Parks and Wildlife Department
• Texas General Land Office
• Texas Commission of Environmental Quality
• Texas Historical Commission
• Texas Water Development Board
• U.S. Fish and Wildlife Service
• U.S. Army Corps of Engineers
�
• Federal Aviation Administration
• Federal Emergency Management Agency
• Natural Resource Conservation Service
DME and POWER will review the proposed agency/contact lists for completeness and accuracy.
POWER will draft an initial agency/contact letters for DME to review. The letter will inform the
agencies/contacts of the proposed project to solicit their input in the beginning stage of data collection.
The contact letters may generate requests for or determine that a meeting is necessary with various
agencies or other groups to gather information needed to identify constraint areas to aid in identification
of the preliminary transmission line segments. Meetings may also be required to identify
permitting/licensing requirements for construction of the transmission line. If required, these meetings
will be coordinated with input from DME.
Authorized contact and correspondence between POWER and the public and/or local officials, or state or
federal agency personnel will be properly documented for future reference as required.
Assumption(s):
• Agency/contact lists and letters will be finalized via telephone and e-mail.
• DME will provide and deliver letters to local officials.
• Agency/contact letters will be mailed via regular U.S. mail.
• Agency meetings are not included in this scope or budget.
SUBTASK 2.3 COMPOSITE OPPORTUNITIES & CONSTRAINTS MAP
Responsibility: POWER
Deliverable(s):
• Composite Opportunities and Constraints Map
This task combines the individual resource information (land use, biological resources, water and wetland
resources, and physiography/geohazards) collected in Subtask 2.1 to produce a composite GIS map. The
composite map will illustrate constraints to and opportunities for routing the transmission line within the
study area. Linear features such as compatible rights of way, any vacant positions on existing multiple
circuit lines, property lines, streets, or other natural or cultural features will represent some of the routing
opportunities for further analysis. Areas or features highly sensitive to disturbance from the construction,
operation and maintenance of the transmission line will represent the greatest potential constraints, or
potentially significant changes to the natural, cultural or human environment.
Assumption(s):
• A single composite map will be produced combining the constraints and opportunities.
SUBTASK 2.4 IDENTIFY PRELIMINARY ALTERNATIVE ROUTE SEGMENTS
Responsibility: POWER
Deliverable(s):
• Preliminary Alternative Route Segments Map
17
We will use the data gathered in Subtasks 2.1 and 22 and analyzed in Subtask 23 to identify opportunity
areas for the proposed line. Within the opportunity areas we will identify preliminary alternative route
segments for the proposed transmission line. Areas or features that are highly sensitive to disturbance
from construction, operation and maintenance of the transmission line will represent the greatest
constraints. Disturbance ofthese features could potentially result in significant changes to the natural,
human or cultural environment. Areas e�ibiting minimal sensitivity generally indicate opportunities for
siting. These opportunities occur where impacts can be reduced or minimized. We will locate the
preliminary alternative route segments to:
• Where possible: utilize existing compatible rights of way (including vacant positions); and
parallel existing compatible rights of way; parallel property lines or other natural or cultural
features.
• Minimize impacts to existing land use.
• Maximize the use of existing access.
• Minimize clearing requirements.
• Facilitate efficient and cost-effective transmission line design.
• Provide adequate space for angles and dead-end structures, as appropriate.
POWER's environmental staff will identify possible alternative route segments that provide for
geographically diverse and feasible transmission line routes. POWER will prepare a preliminary
alternative route segments map. On the map, we will identify preliminary alternative route segments by
comparing areas of constraints with the location of opportunity areas. GIS will be the primary tool to
perform this analysis, taking into account the sensitivity criteria previously developed, and review by the
multidisciplinary team. We will identify the preliminary alternative route segments for review by DME
and for field reconnaissance.
We will prepare a section for the Routing Study/EA documenting constraints, opportunities and
development of the preliminary routes. Specific criteria and distance specifications will be incorporated
into the opportunities and constraints mapping, written analysis and evaluation of the preliminary routes.
These evaluation criteria are primarily taken from Public Utility Commission of Texas requirements and
will include:
• Habitable structures within 300 feet ofthe centerline ofthe project.
• Recreational areas owned by a governmental body or an organized group, club or church located
within 1,000 feet ofthe centerline.
• Historical and archeological sites known to be within 1,000 feet ofthe centerline.
• FAA-registered airports within 10,000/20,000 feet of the centerline, depending on runway length.
• Private airstrips within 10,000 feet of the centerline.
• Registered heliports within 5,000 feet of the centerline.
• AM radio transmitters within 10,000 feet ofthe centerline.
• FM radio transmitters, microwave relay stations or other similar electronic installations within
2,000 feet of the centerline.
• Pasture or cropland irrigated by traveling irrigation systems (rolling or pivot type) traversed by
the proposed project.
Assumption(s):
• The GIS database will be the primary tool used to analyze the sensitivity criteria.
• All identified preliminary alternative route segments will be within the study area boundaries
identified during Subtask 1.4.
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SUBTASK 2.5 PRELIMINARY ALTERNATIVE ROUTE SEGMENTS REVIEW
Responsibility: POWER/DME
Deliverable(s):
• Hard Copy of Preliminary Alternative Route Segments
• Electronic File of Preliminary Alternative Route Segments
• Hard Copy and Electronic File of Revised Preliminary Alternative Route Segments
POWER will provide DME the preliminary alternative route segments in both hard copy and electronic
file format. This will allow DME to make necessary revisions, additions or adjustments to verify that the
preliminary alternative route segments are both technically and economically feasible to construct.
Upon completion of the review, POWER and DME will meet to discuss the preliminary alternative route
segments mapped during Subtask 2.6. Following this in-office or WebEx meeting, POWER will
incorporate changes and will then conduct site reconnaissance of the preliminary alternative route
segments from public viewpoints. If any adjustments are required following the field reconnaissance
POWER and DME will review and agree upon the preliminary alternative route segments that will be
presented at the public open house meetings.
POWER will provide DME with the revised preliminary alternative route segments both in hard copy and
in electronic file format. POWER will provide the alignment of each preliminary alternative route
segment along with the 300-foot delineation boundary to assist DME in developing the notification list
for the public open house meetings.
Assumption(s):
• Project manager and one other POWER team member will attend a one day meeting in DME's
offices.
• A one-day field reconnaissance by two team members to review any revisions made to the
preliminary alternative route segments (if needed).
• If any adjustments are warranted after the field reconnaissance, DME and POWER will meet to
review the changes.
• Two week duration for landowner data collection by DME.
• DME will obtain property ownership information.
• DME will provide notice of the public meetings.
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TASK 3
PUBL/C OPEN HOUSE MEET/NGS AND PRESENTA T/ONS
POWER will assist DME in hosting two effective and procedurally sound public open house meetings.
The meetings are intended to solicit information from the public that will be evaluated, summarized and
incorporated into the Routing Study/EA as appropriate. POWER assumes that POWER and DME will
analyze the input received from the first public meeting and incorporate any changes to preliminary
alternative route segments, constraints, and e�ibits before proceeding with the second public open house
meeting.
• If requested, POWER will, with DME's input, identify the facilities for the meetings, prepare and
place ad(s) in local newspapers, and prepare handout materials/questionnaires. POWER is
responsible for the map handout showing the preliminary alternative route segments: see Subtask
3.1.
• If requested, POWER can also assist DME with producing a Frequently Asked Questions (FAQ)
sheet describing the proposed project and the processes required for approval and construction, as
well as notify the appropriate landowners, groups, and public officials of the meeting date and
location.
• POWER understands that DME will provide the maj ority of e�ibits relating to the study area
location and the proposed line to be displayed at the public open house meetings.
• Authorized contact and correspondence between POWER and the public and/or local officials, or
state or federal agency personnel will be properly documented for future reference.
POWER will also assist DME with attending up to six presentations/meetings with the Public Utilities
Board, Denton City Council, and the University of North Texas. The presentations/meetings will be held
at various times throughout the course of the proj ect and are intended to explain the need and approach to
the project, POWER's role in the project, and answer any questions about the project. Depending on the
timing of each of these presentations, some of the graphics and e�ibits used at the public open house
meetings can be used at the presentations, while some new graphics and e�ibits will be needed.
• If requested, POWER will, with DME's input, prepare handout materials for the presentations.
POWER assumes that the meeting locations will be determined by their respective audiences.
• POWER understands that DME will provide the maj ority of e�ibits relating to the study area
location and the proposed line to be displayed at the presentations.
SUBTASK 3.1 PUBLIC OPEN HOUSE MEETING GRAPHICS AND EXHIBITS
Responsibility: POWER
Deliverable(s):
• Preliminary Alternative Route Segments Map with Environmental and Land Use Constraints
• Preliminary Alternative Route Segments Map Handout
• Agencies Contacted E�ibit
• Evaluation Criteria E�ibit
• Questionnaire
20
POWER will develop and provide one (1) public involvement e�ibit of the preliminary alternative route
segments map overlain on large-scale aerial photographs (1 inch = 2,000 feet or less) for each ofthe
public open house meetings. This e�ibit may need to be revised after the first public open house
meeting, and therefore a second version may be needed for the second public open house meeting. The
map will depict the environmental and land use constraints that were identified and utilized during the
routing study and will clearly identify the station site and the preliminary alternative route segments.
POWER will refine the Preliminary Alternative Route Segments Map to produce a handout map to
convey the location of the proposed proj ect to the public. The map will be a reduced version of the
preliminary alternative route segments map and will clearly identify the study area boundary, the
preliminary alternative route segments, major roadways (labeled) and landmarks (e.g., airports and
railways). The map will be 8.5" x 11" or 11" x 17" in size. The Preliminary Alternative Route Segments
Map may need to be revised after the first public open house meeting, so a revised version may be needed
for the second public open house meeting.
POWER will develop and prepare a public involvement e�ibit (1) that identifies the evaluation criteria
utilized during the routing study. POWER will provide one (1) e�ibit that identifies the agencies
contacted during the routing study. It is assumed that these same e�ibits can be used for both public open
house meetings.
Assumption(s):
• DME will host the public open house meetings.
• Two (2) public open house meetings are assumed.
• DME will provide guidance regarding format and size of e�ibits.
• One hundred (100) 11" x 17" black and white map handouts are assumed for each public open
house meeting for budgetary purposes, for a total of two hundred (200).
• POWER will mount two (2) preliminary alternative route segments maps for each public open
house meeting for a total of four (4), one (1) criteria e�ibit, and one (1) agencies contacted
e�ibit.
• With DME's input, POWER will prepare a questionnaire to be provided to public meeting
attendees.
SUBTASK 3.2 PUBLIC OPEN HOUSE MEETING ATTENDANCE
Responsibility: POWER
Deliverable(s):
• Participation in the Public Open House Meetings
• Support the Open House Meetings as Necessary with Experts in the Fields of Siting and
Environmental Assessment
POWER will prepare for and attend the public open house meetings to collect input on the preliminary
alternative route segments. POWER will provide personnel to man the routing and environmental
stations. Below are our proposed personnel for the public open house meeting. Key proj ect issues will
dictate if other specialists will be required to attend the meeting (e.g. historic buildings specialist, etc.):
• Rob Reid — Project Manager
• Brian Macik — Land use and public involvement
21
Assumption(s):
• Two (2) public open house meetings are assumed.
• POWER's project manager and one other team member will participate in the public open house
meeting, including travel time.
• DME will provide refreshments for the meetings.
SUBTASK 3.3 PUBLIC OPEN HOUSE MEETING ANALYSIS
Responsibility: POWER
Deliverable(s):
• Scanned Copies Of Completed Questionnaires and Filled in, Sign-in Sheet
• Memorandum of Follow Up and Consideration
• Public Input Analysis
• Set of Primary Alternative Routes
POWER will provide a scanned copy of the completed open house questionnaires and filled in sign-in
sheet to DME for review and verification after each of the two (2) public open house meetings.
POWER will follow up and consider the input received during the open house meetings. Follow up and
consideration of input may involve additional data collection, field reconnaissance, and aerial
photography interpretation. POWER will prepare a memorandum documenting the follow up and
consideration findings.
Results of the public input follow up and consideration will be included in the Routing Study/EA.
POWER will conduct an analysis of the filled in questionnaires and comments received during the open
house meetings. The public input analysis will provide a ranking of the issues considered important by the
public. The analysis will also identify areas and preliminary alternative route segments which received the
most input.
Input received from the public (federal, state, local, and individual) may result in modifications to the
preliminary alternative route segments. Proposed modifications will be discussed with DME.
Modifications to the preliminary alternative route segments will be documented for inclusion in the
Routing Study/EA.
A set of primary alternative routes will result and will be the focus of further study and data refinement in
the Routing Study/EA (Subtask 4.6).
Assumption(s):
• Two (2) public open house meetings are assumed.
• Scanned copies of one hundred (100) 3-sheet completed questionnaires (including map if marked
on) for each project are assumed for budgetary purposes, for a total of 200 completed
que stionnaire s.
• A field trip for verification is not included in this scope and budget.
SUBTASK 3.4 PRESENTATION/MEETING GRAPHICS AND EXHIBITS
Responsibility: POWER
22
Deliverable(s):
• A PowerPoint presentation (if necessary) with a ma�mum of 20 slides
Depending on the timing of the individual presentations, POWER and DME may be able to use e�ibits
created for the public open house meetings. Some additional e�ibits may be needed
POWER will develop and provide information in PowerPoint format in coordination with DME.
Assumption(s):
• DME will lead the presentations/meetings and POWER will provide support.
• Six (6) presentations/meetings are assumed: two (2) presentations/meetings with the Public
Utilities Board; two (2) presentations/meetings with the Denton City Council; and two (2)
presentations/meetings with the University of North Texas.
• DME will provide guidance regarding format and size of e�ibits.
• Graphics and e�ibits that are required in addition to those created for the public open house
meetings are not included for budgetary purposes.
SUBTASK 3.5 PRESENTATION/MEETING ATTENDANCE
Responsibility: POWER
Deliverable(s):
• Participation in presentations/meetings with the Public Utilities Board, Denton City Council, and
the University of North Texas
• Support the Presentations as Necessary with Experts in the Fields of Siting and Environmental
Assessment
POWER will prepare for and attend the presentations/meetings to explain the need and approach to the
project, POWER's role in the project, and answer any questions about the project. POWER will provide
personnel to explain the various aspects of the project. Below are our proposed personnel for the
presentations. Key project issues will dictate if other specialist will be required to attend the meeting (e.g.
biologist, land use specialist, etc.):
• Rob Reid — Project Manager
• Brian Macik — Land use and public involvement
Assumption(s):
• Six (6) presentations/meetings are assumed: two (2) presentations/meetings with the Public
Utilities Board; two (2) presentations/meetings with the Denton City Council; and two (2)
presentations/meetings with the University of North Texas.
• POWER's project manager or one other team member will participate in the
presentations/meetings, including travel time.
SUBTASK 3.6 PRESENTATIONS/MEETINGS ANALYSIS
Responsibility: POWER
23
Deliverable(s):
• Off�icials' Input Analysis
• Set of Primary Alternative Routes
POWER will follow up and consider the input received during the presentations/meetings. Follow up and
consideration of input may involve additional data collection, field reconnaissance, and aerial
photography interpretation.
Results of the input follow up and consideration will be included in the Routing Study/EA.
Input received from the Public Utilities Board, Denton City Council, and University of North Texas may
result in modifications to the preliminary and/or primary alternative route segments, depending on when
the presentations are given over the course of the project. Proposed modifications will be discussed with
DME. Modifications to the preliminary/primary alternative route segments will be documented for
inclusion in the Routing Study/EA.
A set of primary alternative routes will result and will be the focus of further study and data refinement in
the Routing Study/EA (Subtask 4.6).
Assumption(s):
• Six (6) presentations/meetings are assumed: two (2) presentations/meetings with the Public
Utilities Board; two (2) presentations/meetings with to the Denton City Council; and two (2)
presentations/meetings with the University of North Texas.
• A field trip for verification is not included in this scope and budget.
SUBTASK 3.7 PRIMARY ALTERNATIVE ROUTES
Responsibility: POWER/DME
Deliverable(s):
• Set of Primary Alternative Routes
• Primary Alternative Routes Plotted on Aerial Photos
• Primary Alternative Routes Plotted on Topographic Maps
• Electronic File of Primary Alternative Routes
POWER and DME will arrive at a set of approximately four to six primary alternatives. The primary
alternatives will be the subject of the environmental/land use analysis and will be plotted on aerial maps
with property boundaries (provided by DME).
Assumption(s):
• Project Manager will attend a one day meeting in DME's offices or conduct a WebEx meeting.
• DME will provide input into the selection of the primary alternative routes.
• Cost to obtain and/or digitize property boundaries is not included in this scope or budget.
24
TASK 4
ROUT/NG STUDY/EA PREPAR.4 T/ON
The POWER Team will prepare a Routing Study/EA for the Locust to Hickory Transmission Line Project
that will document the methodology used to objectively identify and evaluate the primary alternative
routes for the proposed transmission line in an acceptable manner considering such factors as community
values, recreational and park areas, historical and aesthetic values, and environmental integrity. The
Routing Study/EA will describe the local-level land use and environmental information for the primary
alternative routes, and discuss the types of land use and environmental issues that will likely be the focus
of the impact assessment and mitigation planning of the detailed studies to:
• Determine the probable environmental impacts of constructing, operating and maintaining the
transmission line.
• Identify appropriate potential mitigation measures that would reduce or eliminate impacts.
POWER will coordinate closely with DME to assist in providing the necessary information to fulfill the
project requirements.
SUBTASK 4.1 DATA REFINEMENT
Responsibility: POWER
Deliverable(s):
• Data Refinement Memo
Data collected in previous tasks, specifically Subtasks 2.1, 2.2 and 3.7, will be verified and further refined
to the level of detail required to assess the impacts and develop possible mitigation for the primary
alternative routes arrived at in Subtask 3.7. The primary alternative routes will be a feasible and
reasonable set of routes that reduce potential impacts to as many of the land use/environmental resources
as practicable. The primary alternative routes will be adjusted to reflect locations of constraining land use,
environmental features and engineering criteria. The primary alternative routes selected will minimize
potential conflicts with areas of highest constraint (most sensitive areas) and maximize opportunities to
utilize or parallel linear features appropriate (e.g., e�sting roads, utility rights of way).
Data that may require further refinement once the primary alternative routes are identified, includes
obtaining additional information about electronic installations, conducting a visual impact analysis, field
verification from public viewpoints of natural resource locations, further aerial photography interpretation
for land use, and identification of potential historic structures.
Assumption(s):
• A field trip for verification is not included in this scope and budget.
SUBTASK 4.2 IMPACT ASSESSMENT AND MITIGATION PLANNING
Responsibility: POWER
Deliverable(s):
• Impact Tables and Matrices
• Primary Alternative Route Impact Summaries
• Mitigation Recommendations (if any)
25
For this task, we will develop the impact assessment methodology and assess potential impacts of the
primary alternative routes, including both the positive and negative, on the environmental and land use
resources. We will organize the findings into impact tables and matrices. Summaries of potential impacts
will be tabulated in a table by individual primary alternative route segments. The information will then be
combined and presented to correspond to the segments comprised in each alternative route. We will
assess potential impacts for each resource.
We will assume estimated amounts of disturbed area and vegetation clearing from construction, footing
installation or digging operations, structure assembly and erection, conductor stringing and tensioning,
and material staging areas.
Following the impact assessment, we will develop and recommend potential mitigation measures, if any,
to minimize project related impacts.
Assumption(s):
• Mitigation measures will be reviewed and approved by DME before inclusion in the Routing
Study/ EA.
SUBTASK 4.3 PRIMARY ALTERNATIVE ROUTE COMPARISON
Responsibility: POWER
Deliverable(s):
• Route Comparison Table and Descriptions for Inclusion in the Routing Study/EA
• Independent Discipline Review of Primary Alternative Routes
• Team Review of Primary Alternative Routes
This subtask involves summarizing the interdisciplinary impacts for each of the primary alternative
routes, and then comparing their potential impacts. To accomplish this, the POWER team, comprised of
different discipline leads, will independently review the data summarized for each primary alternative
route. After the review, the team will meet as a group and determine the relative importance of each group
of criteria in the natural, human and cultural resource categories.
We will document the primary alternative route comparison for the appropriate section of the Routing
Study/EA, and we will analyze and compare the primary alternative routes, summarizing baseline
environmental/land use data and potential impacts.
Cultural Resources Alternatives Anal,�
• POWER will quantify the results of its records review for each alternative route segment within
the framework of POWER's matrix of environmental and cultural resource factors, as needed to
aid in evaluation of full-length routing alternatives. Quantification of results will be limited to a
zone extending 1,000 feet beyond the centerline of proposed route segments. Using the quantified
results POWER's cultural resource staff will participate in planning team meetings as needed to
help evaluate alternative routes that meet the purpose and need of the project, while minimizing
detrimental effects to historically significant cultural resources. The results of POWER's analysis
of cultural resource constraints along each alternative segment and route will be summarized in
an appropriate section of POWER's Routing Study/EA for the project.
• POWER does not anticipate that its cultural resources staff will need to attend city council
presentations or other public meetings, though attendance at such meetings can be performed if
�
needed. POWER's proposed services also do not include services to consult with the Texas
Historical Commission or prepare cultural resource documents or assessments that may be
required under the Antiquities Code of Texas, which applies to all project areas owned or
controlled by subdivisions of the State of Texas. If such services are required, POWER can
provide those as needed.
Assumption(s):
• The primary alternative route comparison table and descriptions will be presented in the Routing
Study/EA and will assist DME in identifying a route that best addresses the various routing,
engineering, and cost factors.
SUBTASK 4.4 HABITABLE STRUCTURE INVENTORY
Responsibility: POWER
Deliverable(s):
• Habitable Structure Inventory
• Habitable Structure Cross Reference Tables
POWER will prepare a digital data layer of DME's alternative routes that accurately depicts habitable
structures located within 300 feet of the alternative route centerlines. The recorded distances will be based
on data collected in the field with a range finder or from measurements made from the rectified aerial
photography, or a combination of both. The method of ineasurement will be documented.
POWER will also include in the digital file a 300-foot delineation boundary for DME to develop a notice
list for the notification letters. If requested, POWER will mail and prepare the notification letters using
land ownership information received from DME.
Once the inventory of habitable structures is compiled, POWER will develop cross-reference tables which
will include an identification number for each habitable structure, a general description of each habitable
structure, and its distance from the centerline of the respective primary alternative route. In densely
populated areas, habitable structures may be identified in groups. The number of habitable structures in
each group and the distance from the centerline of the alternative route to the closest structure in the
group will be provided.
Assumption(s):
• DME will provide notice to individual property owners.
• Notification letter preparation and mailing by POWER is not included in this scope or budget.
SUBTASK 4.5 PROJECT DESCRIPTION
Responsibility: POWER/DME
Deliverable(s):
• Project Description
• Information Necessary to Develop the Project Description
POWER will prepare a detailed project description with information provided by DME. This description
will include the following information:
27
• Proper verbiage to describe the project
• Transmission line structure type/design
• Right of way requirements
• Foundation types
• Conductor configuration and design parameters
• Description of clearing
• Construction techniques and processes
Assumption(s):
• DME will provide necessary information to prepare the project description.
SUBTASK 4.6 DRAFT ROUTING STUDY/EA
Responsibility: POWER
Deliverables:
• Draft Routing Study/EA
• Alternative Routes Map
• Internal QA/QC
We will prepare a draft Routing Study/EA that documents the primary alternative route selection process,
describes existing resources of the project area and discusses potential impacts and potential mitigation
measures.
The Routing Study/EA, prepared by POWER, and its evaluation of the primary alternative routes, will
allow DME to present a set of alternative routes to the Denton City Council that provides a reasonable
balance with regards to potential impacts on the community and general public, preservation of
community values, the environment, historic sites, service reliability, and prudent engineering and
construction.
From these alternative routes DME can select an alternative route that best addresses the various routing,
engineering, and cost factors.
The Routing Study/EA will approximate the following general outline:
28
Chapter 1— Description of the Proposed Project
Scope of the Proj ect
Purpose and Need
Agency Actions
Construction Considerations
Maintenance
Chapter 2 — Environmental Setting
Introduction
Physiography
Geology
Soils
Mineral and Energy Resources
Water Resources
Ecological Resources
Socioeconomics
Human Development
Aesthetics
Cultural Resources
Chapter 3— Environmental and Land Use Constraints
Natural Resources
Human Resources
Constraint Areas
Chapter 4— Selection and Evaluation of Alternatives
No Action Alternative
Alternative Route Selection
Modifications to the Preliminary Route Segments
Alternative Route Evaluation
Chapter 5— Impacts of the Alternative Routes
Natural Resources Impacts
Human Resources Impacts
Cultural Resources Impacts
Evaluation of Alternative Routes
Chapter 6— List of Preparers
Chapter 7 - References
Appendices:
A Agency Correspondence
B Public Involvement
C Habitable Structures and Other Land Features in the Vicinity of Alternative Routes
Assumption(s):
• Two (2) copies of the Draft Routing Study/EA will be provided to DME for review. More copies
can be provided upon request.
• The Draft Routing Study/EA will consist of appro�mately 100 pages (50 two-sided pages) plus
appendices and maps, up to 10 graphics and figures, 10 tables, 10 maps.
29
SUBTASK 4.7 DME REVIEW & COMMENTS
Responsibility: DME
Deliverable(s):
• DME Comments on the Draft Routing Study/EA
Following the delivery of the Draft Routing Study/EA we assume a one week review by DME, after
which we would meet to discuss comments (Subtask 4.10). POWER is available to answer questions that
may arise during this review period.
Assumption(s):
• Review will be complete within one week.
SUBTASK 4.8 REVIEW MEETING
Responsibility: DME/POWER
Deliverable(s):
• Review Meeting
POWER and DME will meet in DME's offices to review the Draft Routing Study/EA and receive
comments.
Assumption(s):
• POWER's project manager and/or one other POWER team member will attend one, one day
meeting to review the Draft Routing Study/EA comments with DME.
SUBTASK 4.9 FINAL ROUTING STUDY/EA
Responsibility: POWER
Deliverable(s):
• Second Draft Routing Study/EA
• Camera-Ready Final Routing Study/EA
• Final Routing Study/EA
Following DME's review of the Draft Routing Study/EA, we will begin to compile and evaluate the
comments and questions generated by DME in Subtask 4.9. We will assign responsibility for
incorporating revisions to the document, incorporate the responses into the Second Draft Routing
Study/EA and submit the report to DME for secondary internal review.
Two (2) unbound copies of the Second Draft Routing Study/EA with consecutive page numbering will be
submitted to DME for the secondary internal review. Upon receiving the secondary set of comments, the
Final Routing Study/EA will be prepared for final production.
A camera-ready Final Routing Study/EA will be submitted to the DME Project Manager. The camera-
ready review of the Final Routing Study/EA allows for verification that the secondary set of comments
were correctly addressed and incorporated into the Final Routing Study/EA. Review of the camera-ready
30
Final Routing Study/EA will also allow the DME Project Manager to review the final layout of the
document.
Upon notice from the DME Project Manager, POWER will prepare bound and unbound copies of the
Final Routing Study/EA.
Assumption(s):
• Two (2) copies of the Second Draft Routing Study/EA for budgetary purposes.
• One (1) Camera-Ready Final Routing Study/EA will be submitted to the DME Project Manager
for final review for budgetary purposes.
• Ten (10) Final Routing Studies/EAs assumed for budgetary purposes (approximately $150 per
document).
• The Final Routing Study/EA will consist of approximately 100 pages (50 two-sided pages) plus
appendices and maps, up to 10 graphics and figures, 10 tables, 10 color maps.
31
TASK 5
SUBSTA T/ON V/SUAL/ZA T/ON
SUBTASK 5.1 WORK PRODUCT DESCRIPTIONS
At the request of DME, POWER has developed a scope of services for visualization products for a new
substation associated with the proposed Locust to Hickory 138 kV Transmission Line Project.
Visualization products include:
Product 1— Photo Simulations: POWER will develop three photo simulations for the new substation
associated with the Locust to Hickory 138 kV Transmission Line Project. Each simulation will
demonstrate the proposed project and DMEs commitment to protecting the aesthetic environment by
using screening techniques around the proposed substation.
Product 2— Substation Animations (Optional and Additional): POWER will develop an animation at
one of the proposed site locations demonstrating the proposed substation and screening techniques.
Product 3— Project Video (Optional and Additional): POWER will develop a project video,
describing the proposed substation project. (See Subtask 5.3 for details.)
SUBTASK 5.2 DELIVERABLES
Product 1— Photo Simulations: Three Photo Simulations, one at each site location option, will be
developed as print-ready graphics, delivered via electronic media or full color plot/print. Each photo
simulation will be formatted with the project name, location, DME Logo, supplemental notes and photo
information.
Product 2— Substation Animation (Optional and Additional): POWER will work closely with DME
to develop an animation of the proposed substation layout at one of the proposed site locations. The
video will consist of up to three (3) virtual camera paths that will help demonstrate the proposed
substation layout as well as the screening techniques that are going to be used. 3D modeling will include
the substation, screening wall, vegetation, and conte�tual information of up to 100' surrounding the
proposed substation. All the animations will be compiled into one video for playback.
Product 3— Project Video (Optional and Additional): POWER will develop a narrated project video to
use during the public outreach and education process. It will be important to maintain a consistent project
message throughout the life of the project. A video is an excellent tool to establish consistency, while
reaching a large audience. The video will describe the following:
Purpose and Need — Why the project is needed
Project Locations — Focusing on the Denton area, showing the three possible substation locations
and demonstrating the following at each location:
o Existing Conditions — Opportunities and constraints, issues, adjacent land uses and other
significant features.
o Proposed Project — Graphically identify proposed project location and transition to
previously completed photo simulation.
Closing — Ending statements (i.e., " Denton Municipal Electric is committed to serving its
customers, and values your opinion. Please contact....." "Thank you")
32
SUBTASK 5.3 SCOPE
The following are the hours associated with the visualization products:
Product 1- Photo Simulations (3locations): The following tasks will be used to develop the three (3)
photo simulations. As part of the process, POWER will coordinate with DME for screening wall
treatment and landscaping to be incorporated into the final photo simulations.
• Task: Photo Collection — 24 hours
o Travel to and from Denton, TX
o On-site photo collection
o POWER will work with DME while on site to discuss a single selected wall treatment as
well as landscape plans.
• Task: 3D Development — 70 hours
o POWER will develop a 3D model of the proposed substation, screening wall, and
landscaping.
Task: Rendering, Photoshop, Board Development — 66 hours
0 22 hours per simulation �a, 3 simulations = 66 hours total
o Includes:
■ Photo alignment and registration
■ Photoshop removal of existing information
■ Landscape development
■ Sun system integration
■ Film grain and color correction
■ Board development
Product 1 Total - 160 hours
Product 2— Substation Animation (Optional and Additional): POWER will work closely with DME
to develop an animation of the proposed substation layout at one of the proposed site locations. The
video will consist of up to three (3) virtual camera paths that will help demonstrate the proposed
substation layout. 3D information will include the substation, screening wall, vegetation, and contextual
information of up to 100' surrounding the proposed substation.
Task: 3D Development - 35 hours
o POWER will develop 3D conte�tual information of the chosen site up to 100'
surrounding the proposed substation location. This will include pavement, sidewalks,
curb, gutter, and landscaping.
o Time allotted for this task is assuming the proposed substation model has been completed
from Product 1.
• Task: Materials and Lighting — 20 hours
o POWER will develop realistic materials for a113D information, and a daylight system
will be calculated for use in the animation.
33
• Task: Camera Path Development — 20 hours
o POWER will develop up to 3 camera paths, including a 360 degree path around the
substation to better demonstrate the layout of the proposed substation.
Task: Video Editing — 15 hours
o POWER will edit all three animations to play seamlessly in one video.
Product 2 Total - 90 hours
Product 3— Project Video (Optional and Additional): POWER will develop an overall project video
that identifies the project location, the purpose and need and proposed actions of the project (3-5 minutes
in length). POWER will work closely with DME to develop a video outline of the project before technical
work begins. The video outline ensures a smooth workflow and meaningful project.
• Task: Script Development - 30 hours
o Script development and coordination with DME.
o Voice Over Talent - $300.00
• Task: 3D Modeling — 80 hours
o POWER will model all information within one (1) block of each ofthe proposed site
locations. This will include pavement, sidewalks, curb, gutter, and landscaping.
• Task: Animation — 50 hours
o Using 3D Software, POWER will develop animation paths and final sequences for
inclusion into the video. DME will review and approve the video in draft format before
final delivery.
• Task: Video Editing — 50 hours
o Combining the animations, narration and titling into one full length video. Final format to
be determined.
Product 3 Total - 210 hours
SUBTASK 5.4 ASSUMPTIONS
• A112D data will be available from DME and will not require additional aerial survey, LiDAR, or
photogrammetric collection.
• Substation layout will be provided by DME.
• Wall treatment and landscape plan will be provided by DME.
• Changes to design, layout, animation sequences, or other visualization information after client's
approval will be billed on a time and material basis.
• Lodging, Airfare and travel to and from the site will be reimbursed by DME.
34
4. SCHEDULE
POWER will work expeditiously to meet the deadlines of the Locust to Hickory Transmission Line
Project. For things that are within our control, we will strive to accomplish the project tasks in a mutually
agreeable time frame. We will prepare a schedule for the Locust to Hickory Transmission Line Project
following the kick-off ineeting.
35
5. BUDGET
POWER has developed the following budget based on our understanding of the DME Locust to Hickory
Transmission Line Project. Our budget is based on the deliverables listed in each subtask in the scope of
services.
BUDGET SUMMARY
A table summarizing our proposed time-and-materials budget for the proj ect tasks is provided below.
DME LOCUST TO HICKORY BUDGET SUMMARY
TASK # DESCRIPTION BUDGET APPROXIMATE
HOURS
0 Project Management/Coordination $18,000 150
1 Project Startup/Data Collection $17,000 140
2 Alternatives Development $18,000 150
3 Public Open House Meetings and Presentations/meetings (8 total) $35,000 290
4 Routing Study/EA Preparation $75,000 625
5 Visualization Products — Photo Simulation $20,340 160
TOTAL $183,340 1,515
OPTIONAL TASKS
Visualization Products — Substation and Animation $9,725 90
Visualization Products — Project Video $22,450 210
Our cost estimate for the Locust to Hickory project is $183,340.
BUDGET DETA/L
The schedule of charges will be in accordance with the current rate sheet included as Attachment 4 to this
scope of services. This information is the basis for the labor cost in the budget.
ASSUMPT/ONS AND EXPENSES
We identified our assumptions for each task/subtask in our proposed work plan. Mileage and travel
expenses, materials or office supplies, copy charges, and document production are included in our budget
and in the scope of services.
�
ATTACHMENT 1- ROB R. REID'S RESUME
ROB R. REID
� �' .� � �°� �
VICE PRESIDENT ENVIRONMENTAL PROJECT DEVELOPMENT
YEARS OF EXPER/ENCE
36
EDUCA T/ON
> M S., Wildlife and Fisheries Sciences,
Texas A&M University, 1977
> B.S., Wildlife and Fisheries Sciences,
Texas A&M University, 1975
AREAS OF EXPERT/SE
> Project management
> Schedule and budget management
> State utility siting applications
> Expert testimony
> Environmental planning
> Routing and siting studies
> Environmental studies and documents
> Environmental compliance, approvals,
permits, and strategy
> Public involvement and agency
coordination
SPEC/AL TRA/N/NG
> Fourth Annual Short Course on
Vegetation, Wildlife Measurements for
Pre- & Post- Mining, Colorado State
University
CERT/F/CA T/ON
> TX DOT Precertified, ESN 1059
AFF/L/AT/ONS
> Phi Sigma Honor Society, Beta Rho
Chapter
PUBL/CA T/ONS
> "A Windshield and Multivariate
Approach to the Classification,
Inventory, and Evaluation of Wildlife
Habitat: An Exploratory Study,"
Presented at: A Workshop - The Use of
Multivariate Statistics in Studies of
Wildlife Habitat, 23-24 April 1980,
Burlington, Vermont. Sponsored by:
School of Natural Resources, University
of Vermont U. S. Fish and Wildlife
Service; USDA Forest Service. USDA
Forest Service Gen. Tech. Report RM-
EXPERIENCE SUMMARY
Mr. Reid has a broad range of experience managing and participating in
environmental studies and assessments far the power delivery, generation,
transportation, industrial and commercial sectors. With a background in
environmental and biological sciences, his emphasis is on the assessment of
environmental impacts associated with industrial and urban development. He
has a long, successful record of permitting projects under the National
Environmental Policy Act (NEPA), including the preparation of
environmental impact statements (EIS) and environmental assessments (EA).
He is familiar with federal and state agency permitting requirements and
many individual agency personnel, and repeatedly coordinates with the
regulatory agencies on a wide variety of issues including wetlands,
endangered species, cultural resources, and others. He has served as the
environmental manager for many corridor-type planning and permitting
projects, and has served on nearly two hundred transmission line routing
projects. His recent alternative route analysis/EAs have resulted in the
successful completion of lines up to 500 kV and over 200 miles in length. He
is also knowledgeable with the permitting and licensing processes for utility
facilities and regularly provides expert witness testimony for such proj ects.
Mr. Reid has successfully defended environmental analyses before state
regulatory commissions for dozens of contested transmission line projects for
numerous utility companies, which resulted in the successful issuance of
required environmental permits and clearances.
PREVIOUS WORK HISTORY
Texas Competitive Renewable Energy Zone (CREZ) 345 kV
Transmission Lines, Texas
Principal Project Director/ Project Manager responsible for overseeing,
directing, and managing the preparation of EAs/alternative route analyses for
24 of the 46 total CREZ transmission lines authorized for construction by the
PUC of Texas. Projects totaled approximately 1,500 miles in length and were
conducted for Electric Transmission Texas LLC, LCRA Transmission
Services Corp., Oncor, Sharyland Utilities, and South Texas Electric
Cooperative. Mr. Reid assisted with the PUC-regulatory process and
provided expert witness testimony.
Lower Colorado River Authority (LCRA), Clear Springs/Zorn to
Hutton 345 kV Transmission Line EA and Alternative Route
Analysis, Texas
Project Manager responsible far the preparation of an EA and routing study
far this 90-mile transmission line on new location in Central Texas. Project
included detailed alternatives analysis, public participation program,
preferred route selection and expert witness testimony.
ROB R. REID � 2
87, with C.E. Grue and N.J. Silvy.
> "Competition Between Bobwhite and
Scaled Quail for Breeding Habitat in
Texas," Proc. Ann. Conf. S.E. Fish and
Wildlife Agencies. 33: (146-153), with
N.J. Silvy and C.E. Grue.
> "Correlation of Habitat Parameters with
Whistle-Count Densities of Bobwhite
(Colinus virginianus) and Scaled Quail
(Callipepla squamata) in Texas," M S.
thesis.
>`Breeding Habitat of the Bobwhite in
Texas," Proc. Ann. Conf. S.E. Fish and
Wildlife Agencies, 3 L(62-71), with
C.E. Grue and N.J. Silvy.
> "A Technique for Evaluating the
Breeding Habitat of Mourning Doves
Using Callcount Transects," Proc. Ann.
Conf. S.E. Game and Fish Comm. 30:
(667-673), with C.E. Grue and N.J.
Silvy.
POWER ENGINEERS, INC.
AEP Texas Central Company, San Miguel to Lobo 345 kV
Transmission Line EA and Alternative Route Analysis, Texas
Project Manager responsible far the preparation of this EA and routing study
far this 100-mile transmission line on new location in South Texas. Proj ect
included detailed alternatives analysis, public participation program,
preferred route selection and expert witness testimony.
CenterPoint Energy, Hillje 345 kV Transmission Line EA and
Alternative Route Analysis, Texas
Project Manager far this new CenterPoint Energy 345kV transmission line in
southeast Texas. Oversaw the project which included preparation of an EA
and Alternate Route Analysis, public participation program, and agency
consultation.
TXU, Graham — Jacksboro 345 kV Transmission Line Project,
Texas
Project Manager responsible far the preparation of an EA and Alternative
Route Analysis far this TXU (now Oncor) 345 kV line in Northwest Texas.
Project activities included a detailed alternatives analysis, public
participation, and expert witness testimony.
Electric Transmission Texas, LLC., Tesla-Edith Clarke-Clear
Crossing-West Shackelford 345kV Transmission Line, Texas
Project Manager responsible for preparation of this EA and routing study for
this 130-mile transmission line on new location in Northwest Texas. Project
included detailed alternatives analysis, public participation program,
preferred route selection and expert witness testimony.
Sharyland Utilities, Hereford to White Deer 345 kV Transmission
Line EA and Alternative Route Analysis, Texas
Principal Proj ect Director for preparation of an EA and routing study far this
90-mile transmission line on new location in the Panhandle of Texas. Project
included detailed alternatives analysis, public participation program,
preferred route selection and expert witness testimony.
Southwestern Electric Power Company, Chambers Spring to
Tontitown 345 kV Environmental Impact Statemement, Arkansas
Principal Proj ect Director responsible far the preparation of an Arkansas
state-level EIS far this Southwestern Electric Power Company 345 kV
transmission line in Northwest Arkansas. Project included agency
coordination, detailed alternatives analysis, preparation of an EIS and expert
witness testimony.
Lower Colorado River Authority (LCRA) McCamey D to Kendall
to Gillespie 345 kV Transmission Line, Texas
Principal Project Director far the LCRA TSC's 150 mile-long 345-kV
ROB R. REID � 3 POWER ENGINEERS, INC.
transmission line project extending from West to Central Texas. Project
activities included extensive public participation program, detailed
alternative route delineation and evaluation, preparation of an EA and
Alternative Route Analysis Report, and expert witness testimony.
American Electric Company and Oncor, Morgan
Creek/Comanche Switch Transmission EA and Alternative Route
Analysis (ARA), Texas
Project Manager providing EA and ARA far the Morgan Creek-Comanche
345 kV transmission line. Project was over 200 miles in length, crossing
portions of nine counties, and is one of the longest 345 kV projects in the last
25 years in Texas.
Cagnon Road Transmission Line EA and Route Analysis, Texas
Project Manager responsible for preparing this EA and route analysis for new
transmission facilities to be constructed in Bexar County. Project consisted of
approximately 25 miles of rebuilt, upgraded, and/or new 345/138 kV
transmission lines from the existing Cagnon Road substation to a tie with the
LCRA at the junction of the City Public Service (now CPS Energy)/LCRA
service area/Bexar County line.
East Texas Electric Cooperative, Inc., Alternative Route Analysis
and EAs, Texas
Project Manager responsible far the alternative route analysis far this 180-
mile long electric transmission line project in east/northeast Texas. Project
included detailed alternatives analysis, preferred route selection, and expert
witness testimony.
American Electric Power, Turk Generating Station Transmission
Lines, Arkansas
Principal Proj ect Director responsible for managing the EA/routing studies
far the SE Texarkana 138 kV, Sugar Hill 138 kV, and NW Texarkana 345
kV transmission line routing studies and EAs, originating at the Turk
Generating Station Site in Southeast Arkansas. Provided expert witness
testimony before the Arkansas Public Service Commission.
Lower Colorado River Authority (LCRA) and San Antonio Water
Systems (SAWS), Facility Siting, Design, and Affected
Environment Services (LCRA/SAWS), Colorado, and Texas
Project Manager responsible for services covering constraints mapping the
collection of affected environmental data; and siting and designing off-
channel reservoirs, pump stations, and pipelines in Colorado, Wharton, and
Matagorda Counties.
Winston-Salem Northern Beltway (West) EIS/Location Planning
Report
Environmental Manager responsible far the preparation of this EIS, including
selecting and evaluating alternative routes far this suburban multi-lane,
divided facility to rural freeway standards. The project included an extensive
ROB R. REID � 4 POWER ENGINEERS, INC.
public participation program as well as a detailed assessment of potential
environmental impacts.
Federal Aviation Administration, Dane County Regional Airport
EIS, Wisconsin
Environmental Project Manager responsible far the preparation of an EIS for
the FAA for a new runway.
Texas Turnpike Authority, EIS for SH 130 (Segment C), Texas
Project Manager responsible far the preparation of an EIS for a freeway-type
facility on a new location from Lockhart to Seguin, Texas.
US 71 Relocation EIS, Arkansas
Environmental Project Manager far the preparation of an EIS for over 50
miles of freeway-standard highway from Texarkana to north of DeQueen,
Arkansas. This proj ect far the Texas Department of Transportation (TxDOT)
and Arkansas Highway and Transportation Department included alternative
route analyses, impact assessments, endangered species surveys, wetland
determinations, and a public participation program.
US 220 EIS/Location Planning Report, North Carolina
Environmental Manager far this EIS, which was prepared in accordance with
Federal Highway Administration (FHWA) and North Carolina Department of
Transportation (NCDoT) guidelines. The project included assessing the
potential environmental impacts associated with realignment of
approximately 15 miles of US 220 in Montgomery and Richmond Counties.
The evaluation included developing and assessing alternative routes far the
multi-lane, divided facility with full control of access, as well as conducting a
public participation program.
Relief Route for US 59, Texas
Environmental Manager responsible far the schematic development and
related services for an EA for seven miles of freeway-type facility on a new
location, including agency scoping/coordination and public involvement
meetings in Polk County.
TxDOT Studies, Multiple Locations, Texas
Mr. Reid performed EAs for two TxDOT projects in conjunction with design
efforts managed out of the Dallas and Houston division offices. The
widening and improvement of US 377 in Denton, Texas, just north of Dallas
and US 83 in Hidalgo County in the Lower Rio Grande Valley both required
EAs performed according to FHWA guidelines. These studies included an
evaluation of potential impacts to local residential and commercial areas, as
well as an analysis of effects on air quality, noise levels, culturaUhistoric
resources, wetlands, threatened and endangered species, and stormwater
drainage.
Osuna Road Improvements EA, New Mexico
ROB R. REID � 5 POWER ENGINEERS, INC.
Environmental Manager responsible far the preparation of this EA far this
road widening project. This project was prepared for the County of
Bernalillo, New Mexico.
SELECT PUBLICATIONS AND REPORTS
The list below represents a sample of Mr. Reid's important publications and
reports he has authored throughout his career.
>"Environmental Assessment and Alternative Route Analysis far the
Proposed Uvalde — Castroville 138-kV Transmission Line Project, Uvalde,
Medina, and Bexar Counties, Texas," Prepared for Electric Transmission
Texas, Austin, Texas, and CPS Energy, San Antonio, Texas. Document
No. 070099, May 2009, Project Manager
>"Environmental Assessment and Alternative Route Analysis far the
Proposed Chireno to Etoile 138-kV Transmission Line Project,
Nacogdoches and San Augustine Counties, Texas," Prepared for Deep East
Texas Electric Cooperative, Inc., San Augustine, Texas. Document No.
060195, December 2008, Project Manager
>"Environmental Assessment and Alternative Route Analysis far the Lake
Livingston — Rich 138-kV Transmission Line Project, Polk and San
Jacinto Counties, Texas," Prepared for East Texas Electric Cooperative,
Inc., Nacogdoches, Texas. Document No. 080109, October 2008, Project
Manager
>"Environmental Assessment and Alternative Route Analysis far the
Proposed Enstor 138-kV Transmission Line Project, Liberty County,
Texas," Prepared for Sam Houston Electric Cooperative, Inc., Livingston,
Texas. Document No. 070091, November 2007, Project Manager
>"Environmental Assessment and Alternative Route Analysis far the
Proposed Ajo-Zorillo-Sarita 345-kV Transmission Line Project, Kenedy
County, Texas," Prepared for AEP Texas Central Company, Tulsa,
Oklahoma, Document No. 070097, June 2007, Project Director
>"Environmental Assessment and Alternative Route Analysis far the
Proposed Clear Springs/Zorn to Hutto 345-kV Transmission Line Project,
Williamson, Travis, Caldwell, Hays, and Guadalupe Counties, Texas",
Prepared for LCRA Transmission Services Corporation, Austin, Texas.
Document 050074-Volumes I and II, March 2007 , Project Manager
>"Environmental Impact Statement far the Proposed Chambers Spring to
Tontitown 345-kV Transmission Line Project, Benton and Washington
Counties, Arkansas," prepared for Southwestern Electric Power Company,
Shreveport, Louisiana. Document No. 060250, September 2006, Project
Director
> Reid, Rob R., "Environmental Assessment and Alternative Route Analysis
far the San Miguel to Lobo 345-kV Transmission Line Proj ect in Atascosa,
McMullen, LaSalle and Webb Counties, Texas," prepared for AEP Texas
Central Company, Corpus Christi, Texas. Document No. 040374, June
2006, Project Manager
>"Routing Analysis Siloam Springs to Chambers Spring 161-kV
Transmission Line, Benton County, Arkansas," prepared for Southwestern
Electric Power Company, Shreveport, Louisiana. Document No. 060039,
May 2006, Proj ect Director
>"Analysis far the Proposed Amite South Phase 2 230-kV Transmission
Line Project, Ascension, St. James, and St. John the Baptist Parishes,
Louisiana," prepared for Entergy Services, Inc., as agent for Entergy
Louisiana, Inc., New Orleans, Louisiana. Document No. 050093,
ROB R. REID � 6 POWER ENGINEERS, INC.
December 2005, Project Director
>"Environmental Assessment and Alternative Route Analysis far the 345-
kV Hillje Project, Fort Bend, Wharton, Matagorda and Brazoria Counties,
Texas," prepared for CenterPoint Energy Houston Electric, LLC, Houston,
Texas. Document No. 040366, September 2005, Project Manager
>"Environmental Assessment and Alternative Route Analysis far TXU
Electric Delivery Company's Proposed Jacksboro-West Denton 345-kV
Transmission Line Project in Jack, Wise, and Denton Counties, Texas,"
prepared for TXU Electric Delivery Company, Fort Worth, Texas,
Document No. 030302, June 2004.
>"Environmental Assessment and Alternative Route Analysis far the
Proposed Sharyland Utilities Mexico Tie 138-kV Transmission Line
Project, Hidalgo County, Texas," prepared for Sutherland, Asbill &
Brennan, LLP, Austin, Texas, Document No. 030127, October 2003,
Project Manager
>"Environmental Assessment and Alternative Route Analysis far the
Proposed Graham-Jacksboro 345-kV Transmission Line Project Young
and Jack Counties, Texas," prepared far TXU Electric Company, Fort
Worth, Texas, Document No. 990513, May 2001, Project Manager
>"Environmental Assessment far the Proposed Hays Energy 345-kV
Transmission Line, Hays and Guadalupe Counties, Texas," prepared for
the Lower Colorado River Authority, Austin, Texas, Document No.
990086, April 1999, Project Manager
COMPLETE LIST OF PUBLICATIONS AND REPORTS
"Environmental Assessment and Alternative Route Analysis far the White
Deer (Panhandle BA) to Silverton (Panhandle AC), 345-kV Transmission
Line Project, Armstrong, Briscoe, Carson, Donley, Gray, and Swisher
Counties, Texas." Prepared for Sharyland Utilities, LP. Document No.
090034. November 2010.
"Environmental Assessment and Alternative Route Analysis far the Tesla-
Edith Clarke-Clear Crossing-West Shackelford 345-kV Transmission Line
Project, Childress, Cottle, Hardeman, Foard, Knox, Haskell, Jones and
Shackelford Counties, Texas." Prepared for Electric Transmission Texas,
LLC (ETT). Document No. 090185 (2 Vols.). October 2010.
"Environmental Assessment and Alternative Route Analysis far the Nazareth
(Panhandle AA) to Herford (Panhandle AB) 345-kV Transmission Line
Project, Castro, Deaf Smith, Randall and Swisher Counties, Texas." Prepared
for Sharyland Utilities, LP. Document No. 090032. October 2010.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Electric Transmission Texas, LLC (ETT) Riley to Edith Clarke to
Cottonwood 345-kV CREZ Transmission Line Project, Wilbarger,
Hardeman, Foard, Knox, Cottle, King, Motely and Dickens Counties,
Texas." Document No. 100135. September 2010.
"Environmental Assessment and Alternative Route Analysis far the Silverton
(Panhandle AC) to Cottonwood (Panhandle AD) 345- kV Transmission Line
Project, Briscoe, Crosby, Dikens, Floyd and Motely Counties, Texas."
Prepared for Sharyland Utilities, LP. Document No. 090029. August 2010.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Electric Transmission Texas, LLC (ETT) Tesla to Riley 345-kV CREZ
ROB R. REID � 7 POWER ENGINEERS, INC.
Transmission Line Project, Childress, Cottle, Hardeman and Wilbarger
Counties, Texas." Document No. 100036. August 2010.
"Environmental Assessment and Alternative Route Analysis far the Proposed
McCamey D to Kendall to Gillespie 345-kV CREZ Transmission Line
Project in Schleicher, Sutton, Menard, Kimble, Mason, Gillespie, Kerr and
Kendall Counties, Texas." Prepared for LCRA Transmission Services
Corporation. Document No. 090196 (3 Vols.). July 2010.
"Environmental Assessment and Alternative Route Analysis far the Hereford
(Panhandle AB) to White Deer (Panhandle BA) 345-kV Transmission Line
Project, Armstong, Carson, Deaf Smith, Oldham, Potter and Randall
Counties, Texas." Prepared for Sharyland Utilities, LP. Document No.
090033. June 2010.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Electric Transmission Texas, LLC (ETT) Clear Crossing to Dermott 345-kV
CREZ Transmission Line Project, Garza, Kent, Stonewall, Haskell, Scurry,
Fisher, Jones and Shackelford Counties, Texas." Document No. 090095.
January 2010.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Twin Buttes-McCamey D 345-kV CREZ Transmission Line Project, Tom
Green, Irion and Schleicher Counties, Texas." Prepared for LCRA
Transmission Services Corporation. Document No. 090195. January 2010.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Gillespie to Newton 345-kV Transmission Line Project, Gillespie, Llano, San
Saba, Burnet and Lampasas Counties, Texas." Prepared for LCRA
Transmission Services Corporation. Document No. 090178 (2 Vols.).
October 2009.
"Environmental Assessment and Alternative Route Analysis far Trinity
Valley Electric Cooperative's Proposed Interstate 20 138-kV Transmission
Line and Substation Project." Document No. 070242. September 2009.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Uvalde — Castroville 138-kV Transmission Line Project, Uvalde, Medina,
and Bexar Counties, Texas," Prepared for Electric Transmission Texas,
Austin, Texas, and CPS Energy, San Antonio, Texas. Document No. 070099,
May 2009.
Environmental Assessment and Alternative Route Analysis far the Proposed
Chireno to Etoile 138-kV Transmission Line Project, Nacogdoches and San
Augustine Counties, Texas," Prepared for Deep East Texas Electric
Cooperative, Inc., San Augustine, Texas. Document No. 060195, December
2008.
"Environmental Assessment and Alternative Route Analysis far the Lake
Livingston — Rich 138-kV Transmission Line Project, Polk and San Jacinto
Counties, Texas," Prepared for East Texas Electric Cooperative, Inc.,
Nacogdoches, Texas. Document No. 080109, October 2008.
"Alternative Route Analysis and Environmental Impact Statement — NW
Texarkana 345-kV Transmission Line, Bowie County, Texas, and
Hempstead, Miller, and Little River Counties, Arkansas," Prepared for
ROB R. REID � 8 POWER ENGINEERS, INC.
American Electric Power Service Corporation as an Agent for Southwestern
Electric Power Company, Shreveport, Louisiana. Document N. 070031, June
2008.
"Environmental Impact Statement and Alternative Routing Analysis — Sugar
Hill 138-kV Transmission Line, Hempstead, Miller, and Little River
Counties, Arkansas," Prepared for American Electric Power Service
Corporation as an agent for Southwestern Electric Power Company,
Shreveport, Louisiana. Document No. 070146, January 2008.
"Environmental Impact Statement and Alternative Routing Analysis — Turk
to SE Texarkana 138-kV Transmission Line, Hempstead, Miller, and Little
River Counties, Arkansas," Prepared for American Electric Power Service
Corporation as an Agent for Southwestern Electric Power Company,
Shreveport, Louisiana. Document No. 070147, January, 2008.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Enstor 138-kV Transmission Line Project, Liberty County, Texas," Prepared
for Sam Houston Electric Cooperative, Inc., Livingston, Texas. Document
No. 070091, November 2007.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Ajo-Zorillo-Sarita 345-kV Transmission Line Project, Kenedy County,
Texas," Prepared for AEP Texas Central Company, Tulsa, Oklahoma,
Document No. 070097, June 2007.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Clear Springs/Zorn to Hutto 345-kV Transmission Line Project, Williamson,
Travis, Caldwell, Hays, and Guadalupe Counties, Texas", Prepared for
LCRA Transmission Services Corporation, Austin, Texas. Document
050074-Volumes I and II, March 2007.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Wilson to Sutherland Springs 138-kV Transmission Line Project, Wilson
County, Texas," Prepared for Guadalupe Valley Electric Cooperative, Inc.,
Gonzales, Texas. Document No. 060350, March 2007.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Rim Rock to Goat Creek 138-kV Transmission Line Project, Kerr County,
Texas," Prepared for LCRA Transmission Services Corporation, Austin,
Texas. Document No. 050073, February 2007.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Fayetteville to North Fayetteville 161-kV Transmission Line Conversion
Project, Washington County, Arkansas," Prepared for Southwestern Electric
Power Company, Shreveport, Louisiana, Document No. 060322, December
2006.
"Environmental Assessment far the Proposed NTMWD Lake Tawakoni 138-
kV Transmission Line Project, Van Zandt County, Texas," prepared for
Trinity Valley Electric Cooperative, Inc., Kaufman, Texas. Document No.
060264, November 2006.
"Environmental Impact Statement far the Proposed Chambers Spring to
Tontitown 345-kV Transmission Line Project, Benton and Washington
Counties, Arkansas," prepared for Southwestern Electric Power Company,
ROB R. REID � 9 POWER ENGINEERS, INC.
Shreveport, Louisiana. Document No. 060250, September 2006.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Medina Lake-CPS 138-kV Transmission Line Project, Bandera, Medina, and
Bexar Counties, Texas," prepared for LCRA Transmission Services
Corporation, Austin, Texas. Document No. 060125, July 2006.
"Environmental Assessment and Alternative Route Analysis far the Proposed
RCEC 138-kV Interconnect Project, Henderson and Van Zandt Counties,
Texas," prepared for Rayburn County Electric Cooperative, Inc., Rockwall,
Texas. Document No. 060040, July 2006.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Hidalgo/Rio Rico to Stewart Road Transmission Line Project, Hidalgo,
County, Texas," prepared for AEP Texas Central Company, Corpus Christi,
Texas. Document No. 060038, June 2006.
"Environmental Assessment and Alternative Route Analysis far the San
Miguel to Lobo 345-kV Transmission Line Project in Atascosa, McMullen,
LaSalle and Webb Counties, Texas," prepared for AEP Texas Central
Company, Corpus Christi, Texas. Document No. 040374, June 2006.
"Routing Analysis Siloam Springs to Chambers Spring 161-kV Transmission
Line, Benton County, Arkansas," prepared for Southwestern Electric Power
Company, Shreveport, Louisiana. Document No. 060039, May 2006.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Sand Springs 138-kV Transmission Line Project, Wood County, Texas,"
prepared for Wood County Electric Cooperative, Inc., Quitman, Texas.
Document No. 050274, Apri12006.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Cagnon to Lytle 138-kV Transmission Line Project, Bexar, Medina and
Atascosa Counties, Texas," prepared for City Public Service of San Antonio,
San Antonio, Texas. Document No. 050041, January 2006.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Amite South Phase 2 230-kV Transmission Line Project, Ascension, St.
James, and St. John the Baptist Parishes, Louisiana," prepared for Entergy
Services, Inc., as agent for Entergy Louisiana, Inc., New Orleans, Louisiana.
Document No. 050093, December 2005.
"Environmental Assessment and Alternative Route Analysis far the 345-kV
Hillje Project, Fort Bend, Wharton, Matagorda and Brazoria Counties,
Texas," prepared for CenterPoint Energy Houston Electric, LLC, Houston,
Texas. Document No. 040366, September 2005.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Merlin to L-17 138-kV Transmission Line Project, Orange County, Texas,"
prepared for Entergy Gulf States, Inc., Beaumont, Texas. Document No.
050119, August 2005.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Port Acres to Keith Lake 230-kV Transmission Line Project, Jefferson
County, Texas," prepared for Entergy Gulf States, Inc., Beaumont, Texas.
Document No. 050105, July 2005.
ROB R. REID � 10 POWER ENGINEERS, INC.
"Environmental Assessment and Alternative Route Analysis far the
Winnsboro to North Mineola 138-kV Transmission Line Project in Wood,
Franklin and Hopkins Counties, Texas," prepared for Southwestern Electric
Power Co., Shreveport, Louisiana. Document No. 040165, September 2004.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Sandy Creek to Sunrise Beach 138-kV Transmission Line Project, Llano
County, Texas," prepared for LCRA Transmission Services Corporation,
Austin, Texas, Document No. 030109, June 2004.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Cagnon Road to LCRA Tie 345-kV Transmission Line Project, Bexar and
Medina Counties, Texas," prepared for City Public Service of San Antonio,
San Antonio, Texas, Document No. 030151, June 2004.
"Environmental Assessment and Alternative Route Analysis far TXU
Electric Delivery Company's Proposed Jacksboro-West Denton 345-kV
Transmission Line Project in Jack, Wise, and Denton Counties, Texas,"
prepared for TXU Electric Delivery Company, Fort Worth, Texas, Document
No. 030302, June 2004.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Hill Country 138-kV Transmission Line Project, Kendall County, Texas,"
prepared for LCRA Transmission Services Corporation, Austin, Texas,
Document No. 030327, May 2004.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Staley to Point Blank 138-kV Transmission Line Project, San Jacinto
County, Texas," prepared for Sam Houston Electric Cooperative, Inc.,
Livingston, Texas, Document No. 030128, Apri12004.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Johnstown to Porter 230-kV Transmission Line Project, Montgomery
County, Texas," prepared for Entergy Gulf States, Inc., Beaumont, Texas,
Document No. 040061, March 2004.
"Environmental Assessment for Entergy Gulf States, Inc.'s Proposed Line
457 to Carroll Street Park Switching Station 138-kV Transmission Line
Project, Jefferson County, Texas," prepared for Entergy Gulf States, Inc.,
Beaumont, Texas, Document No. 030264, January 2004.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Cagnon-Kendall 345-kV Transmission Line Project, Kendall County,
Texas," prepared for Lower Colorado River Authority, Austin, Texas,
Document No. 020396, January 2004.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Dayton to Gordon 138-kV Transmission Line Project, Liberty County,
Texas," prepared for Entergy Gulf States, Inc., Beaumont, Texas, Document
No. 030322, December 2003.
"Environmental Assessment and Alternative Route Analysis far Farmers
Electric Cooperative, Inc.'s (dba FEC Electric) Proposed Forney -NW Terrell
138-kV Transmission Line Project, Kaufman County, Texas," prepared for
Farmers Electric Cooperative, Inc., Greenville, Texas, Document No.
ROB R. REID � 11 POWER ENGINEERS, INC.
030261, December 2003.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Glasscock to Andice 138-kV Transmission Line Project, Williamson County,
Texas," prepared for LCRA Transmission Services Corporation, Austin,
Texas, Document No. 000226, November 2003.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Sharyland Utilities Mexico Tie 138-kV Transmission Line Project, Hidalgo
County, Texas," prepared for Sutherland, Asbill & Brennan, LLP, Austin,
Texas, Document No. 030127, October 2003.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Pittsburg to Winnsboro 138-kV Transmission Line Project in Camp,
Franklin, and Wood Counties, Texas," prepared for Southwestern Electric
Power Co., Shreveport, Louisiana, Document No. 020203, August 2003.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Southwest Research Institute 138-kV Transmission Line Project, Bexar
County, Texas," prepared for City Public Service of San Antonio, San
Antonio, Texas, Document No. 020354, July 2003.
"Environmental Assessment of the Proposed North McCamey to Rio Pecos
138-kV Transmission Line, Upton, Crane, And Crockett Counties, Texas,"
prepared for LCRA Transmission Services Corporation, Austin, Texas,
Document No. 030009, May 2003.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Hamilton Wolfe 138-kV Transmission Line Project, Bexar County, Texas,"
prepared for City Public Service of San Antonio, San Antonio, Texas,
Document No. 030101, May 2003.
"Environmental Assessment and Alternative Route Analysis far the Proposed
NGPL (Kinder Morgan) to Devers 138-kV Transmission Line Project,
Liberty County, Texas," prepared for Entergy Gulf States, Inc., Beaumont,
Texas, Document No. 030034, Apri12003.
"Environmental Assessment far the Proposed China to Porter 230-kV
Transmission Line Project Jefferson, Hardin, Liberty, Harris, and
Montgomery Counties, Texas," prepared for Entergy Gulf States, Inc.,
Beaumont, Texas, Document No. 020119, December 2002.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Twin Buttes to Big Lake/SAPS Cut-In 138-kV Transmission Line Project
Tom Green County, Texas," prepared for LCRA Transmission Services
Corp., Austin, Texas, Document No. 010141, December 2002.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Fort Lancaster to Friend Ranch 138-kV Transmission Line Crockett, Pecos,
and Terrell Counties, Texas," prepared for LCRA Transmission Services
Corporation, Austin, Texas, Document No. 020029, November 2002.
"Environmental Assessment and Alternative Route Analysis far the North
McCamey to Southwest Mesa Tap 138-kV Transmission Line Project Upton
County, Texas," prepared for LCRA Transmission Services Corporation,
Austin, Texas, Document No. 020129, October 2002.
ROB R. REID � 12 POWER ENGINEERS, INC.
"Environmental Assessment far the Proposed Crane to McElroy/N.
McCamey Cut-In 138-kV Transmission Line Crane and Upton Counties,
Texas," prepared for LCRA Transmission Services Corporation, Austin,
Texas, Document No. 020130, September 2002.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Northeast Water Plant 138-kV Transmission Line Project Harris County,
Texas," prepared for Reliant Energy HL&P, Houston, Texas, Document No.
010403, July 2002.
"Environmental Assessment and Alternative Route Study far the Proposed
Hickory Forest to New Berlin 138-kV Transmission Line Project Guadalupe
County, Texas," prepared for Guadalupe Valley Electric Cooperative,
Gonzales, Texas, Document No. 010314, June 2002.
"Environmental Assessment far the Nueces Bay to Portland 138-kV
Transmission Line Project Nueces County, Texas," prepared for American
Electric Power, Dallas Texas, Document No. 020048, March 2002.
"Environmental Assessment far the Nueces Bay to Dupont Switch 138-kV
Transmission Line Project Nueces County, Texas," prepared for American
Electric Power, Dallas Texas, Document No. 020047, March 2002.
"Environmental Assessment far the Nueces Bay to Lon Hill and Nueces Bay
to Up River Road 138-kV Transmission Line Project Nueces County,
Texas," prepared for American Electric Power, Dallas Texas, Document No.
010426, March 2002.
"Environmental Assessment and Alternative Route Analysis far the Lower
Colorado River Authority's Proposed Macedonia to Hockley 138-kV
Transmission Line Project Harris, Montgomery, and Waller Counties,
Texas," prepared for Lower Colorado River Authority, Austin, Texas,
Document No. 981789, July 2001.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Graham-Jacksboro 345-kV Transmission Line Project Young and Jack
Counties, Texas," prepared for TXU Electric Company, Fort Worth, Texas,
Document No. 990513, May 2001.
"State Highway 130 from I-35 North of Georgetown to I-10 Near Seguin -
Environmental Impact Statement," Draft December, 1999/Final March 2001.
(Atkins Project Manager)
"Environmental Assessment and Alternative Route Analysis far the Proposed
Conroe to Forest 138-kV Transmission Line Project Montgomery County,
Texas," prepared for Entergy Gulf States, Inc., Beaumont, Texas, Document
No. 000338, December 2000.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Capote to Hickory Forest 138-kV Transmission Line Project Guadalupe
County, Texas," prepared for Guadalupe Valley Electric Cooperative,
Gonzales, Texas, Document No.991436, November 2000.
"Environmental Assessment and Alternative Route Analysis far the Proposed
ROB R. REID � 13 POWER ENGINEERS, INC.
Van Raub 138-kV Transmission Line Project, Bexar, Kendall, Bandera, and
Comal Counties, Texas," prepared for City Public Service of San Antonio,
San Antonio, Texas, Document No. 991488, September 2000.
"Environmental Assessment far the Proposed Kunitz to Wink 138-kV
Transmission Line, Culberson, Reeves, Loving, and Winkler Counties,
Texas," prepared far the Lower Colorado River Authority, Austin, Texas,
Document No. 000006, May 2000.
"Environmental Assessment far the Proposed Lockhart to Dump Hill 138/69-
kV Transmission Line, Caldwell County, Texas," prepared the Lower
Colorado River Authority, Austin, Texas, Document No. 991383, March
2000.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Morgan Creek-Twin Buttes-Red Creek-Comanche 345-kV Transmission
Line Project, Mitchell, Coke, Sterling, Tom Green, Runnels, Concho,
Coleman, McCulloch, Brown, Mills, and Comanche Counties, Texas,"
prepared far TXU Electric, Fort Worth, Texas, and West Texas Utilities
Company, Abilene, Texas, Document No. 990514, February 2000.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Entergy Gulf States, Inc. Spring Creek 138-kV Transmission Line Project,
Montgomery and Harris Counties, Texas," prepared for Entergy/Gulf States
Utilities Company, Beaumont, Texas, Document No. 991143, December
1999.
"Environmental Assessment far the Proposed Fayette Power Project -Lytton
Springs 345-kV Transmission Line, Caldwell, Bastrop, and Fayette Counties,
Texas," prepared far the Lower Colorado River Authority, Austin, Texas,
Document No. 990818, July 1999.
"Environmental Assessment far the Proposed Hays Energy 345-kV
Transmission Line, Hays and Guadalupe Counties, Texas," prepared far the
Lower Colorado River Authority, Austin, Texas, Document No. 990086,
April 1999.
"Environmental Assessment - Frontera Generation Limited Partnership - Rio
Bravo Electrical Interconnection Project, Hidalgo County, Texas," prepared
far Frontera Generation Limited Partnership, Dallas, Texas/LT.S. Department
of Energy, Washington, D.C., DOE/EA-1297, April 1999.
"Environmental Assessment far the Proposed Buda-Rohr 138-kV
Transmission Line, Hays County, Texas," prepared far the Lower Colorado
River Authority, Austin, Texas, Document No. 990085, March 1999.
"Environmental Assessment and Alternative Route Analysis far the Jasper-
Newton Electric Cooperative's McGee 138-kV Transmission Line and
Substation Project, Jasper County, Texas," prepared for Jasper-Newton
Electric Cooperative, Inc., Kirbyville, Texas, Document No. 980285,
December 1998.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Mustang Island Transmission Line Project, Nueces County, Texas," prepared
for Central Power and Light Company, Corpus Christi, Texas, Document No.
ROB R. REID � 14 POWER ENGINEERS, INC.
980884, November 1998.
"Environmental Assessment and Alternative Route Analysis far the Lower
Colorado River Authority's Proposed Segovia Transmission Line Proj ect,
Kimble County, Texas," prepared far the Lower Colorado River Authority,
Austin, Texas, Document No. 971620, October 1998.
"Environmental Assessment far the Proposed Coldspring to Wolf Creek to
Dorrell 138-kV Transmission Line Project, San Jacinto, Walker, and
Montgomery Counties, Texas," prepared for Sam Houston Electric
Cooperative, Inc., Livingston, Texas, Document No. 970128, August 1998.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Big Lake-Ozona-Sonora 138-kV Transmission Line Project, Reagan,
Crockett, Schleicher, and Sutton Counties, Texas," prepared for West Texas
Utilities Company, Abilene, Texas, Document No. 971225, April 1998.
"Environmental Assessment far the Proposed Hill Country to Stonegate 138-
kV Transmission Line Proj ect at Camp Bullis, Texas," prepared for City
Public Service Company of San Antonio, San Antonio, Texas, Document No.
960210, February 1998.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Friendship to Circle C to Manchaca 138-kV Transmission Line Project,
Travis and Hays Counties, Texas," prepared for Pedernales Electric
Cooperative, Inc., Johnson City, Texas, Document No. 970276, September
1997.
"Environmental Assessment far the Proposed Upgrading of the Alum Creek
to Smithville 69-kV Transmission Line, Bastrop County, Texas," prepared
far the Lower Colorado River Authority, Austin, Texas, Document No.
970860, August 1997.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Wirtz to Granite Mountain 138-kV Transmission Line Project, Burnet
County, Texas," prepared far the Lower Colorado River Authority, Austin,
Texas, Document No. 970133, June 1997.
"Environmental Assessment and Alternative Route Study for the Proposed
Taylor Bayou 69-kV Transmission Line Project," prepared for Entergy/Gulf
States, New Orleans, Louisiana, Document No. 961534, January 1997.
`Borrower's Environmental Report for the Proposed SN TX to Plainview 69-
kV Transmission Line Proj ect," prepared far Midwest Electric Cooperative,
Inc., Roby, Texas, Document No. 961379, November 1996.
"Environmental Assessment and Alternative Route Study for the Proposed
Longworth 69-kV Transmission Line Project," prepared for West Texas
Utilities Company, Abilene, Texas, Document No. 961378, November 1996.
"Environmental Assessment and Alternative Route Study for the Proposed
Snyder to Roby 69-kV Transmission Line Project," prepared for West Texas
Utilities Company, Abilene, Texas, Document No. 960748, November 1996.
"Draft Environmental Impact Statement, U.S. 71 B Texarkana, Arkansas, to
DeQueen, Arkansas B Little River, Miller, and Sevier Counties, Arkansas
ROB R. REID � 15 POWER ENGINEERS, INC.
and Bowie County, Texas," prepared far the Arkansas State Highway and
Transportation Department and the Federal Highway Administration, State
Project No. 30108, Document No. 930500, November 1996.
"Environmental Assessment and Alternative Route Study for the Proposed
Buttercup to Jollyville 138-kV Transmission Line Project," prepared far the
Lower Colorado River Authority, Austin, Texas, Document No. 960328,
September 1996.
"Environmental Assessment far the Proposed University Substation Project,"
prepared for Central and South West Services, Inc., Dallas, Texas, Document
No. 960749, July 1996.
`Borrowers Environmental Report far the South Palestine 138-kV
Transmission Line Project, Anderson County, Texas," prepared for New Era
Electric Cooperative, Inc., Athens, Texas, Document No. 960079, June 1996.
"Environmental Assessment and Alternative Route Study for the Proposed
Gateway 138-kV Transmission Line/Substation Project," prepared for
Central and South West Services, Inc., Dallas, Texas, Document No. 960447,
May 1996.
"Environmental Assessment for the Proposed D.O. Aldridge-Hill/Wilson 69-
kV Transmission Line Project, Franklin and Hopkins Counties, Texas,"
prepared for Wood County Electric Cooperative, Inc., Quitman, Texas,
Document No. 930602, May 1996.
"Environmental Assessment far the Proposed Central Heights-Martinsville
69/Future 138-kV Transmission Line Project, Nacogdoches County, Texas,"
prepared for Deep East Texas Electric Cooperative, Inc., San Augustine,
Texas, Document No. 950760, November 1995.
"Environmental Assessment and Alternative Routing Analysis far the
Proposed Schertz to Parkway 138-kV Transmission Line Project, Volumes I
and II," prepared far the Lower Colorado River Authority, Austin, Texas,
Document Nos. 950694 and 951020, November 1995.
"Environmental Assessment and Alternative Routing Analysis far the
Proposed Conroe to Oak Ridge 138-kV Transmission Line Project," prepared
for Entergy/Gulf States Utilities, Beaumont, Texas, Document No. 950757,
October 1995.
"Comprehensive Routing, Environmental, and Engineering Studies far the
Onion Creek to Bergstrom 138-kV Transmission Line Project (subconsultant
to R. W. Beck for Environmental Assessment)," prepared far the City of
Austin Electric Utility Department, Austin, Texas, Document No. 950265,
September 1995.
`Borrowers Environmental Report for the Proposed Reno 138-kV
Transmission Line Project, Lamar County, Texas," prepared for Lamar
County Electric Cooperative Association, Paris, Texas, Document No.
940512, June 1995.
"Environmental Impact Statement - Dane County Regional Airport, Madison,
Wisconsin." Prepared far the U.S. Department of Transportation, Federal
Aviation Administration. Document No. 930870, June 1995.
ROB R. REID � 16 POWER ENGINEERS, INC.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Bo 138-kV Transmission Line Project," prepared for Gulf Coast Power
Connect, Inc., Austin, Texas, Document No. 941206, February 1995.
"Environmental Assessment far the Temco-Evergreen 138-kV Transmission
Line Project Walker County, Texas," prepared for Sam Houston Electric
Cooperative, Inc., Livingston, Texas, Document No. 940669, November,
1994.
"Environmental Assessment and Alternative Routing Analysis far the
Proposed Mexico Tie 230-kV Transmission Line Project (Preliminary
Draft)," prepared for Central and South West Services, Inc., Dallas, Texas,
Document No. 930240, November 1994.
"Volume II Environmental Assessment of Alternative Routes for LCRA's
Proposed Schumansville Project, Comal and Guadalupe Counties, Texas,"
prepared far The Lower Colorado River Authority, Austin, Texas, Document
No. 930774, October 1994.
"Environmental Assessment and Alternative Route Analysis for LCRA's
Proposed Texas Wind Power Project 138-kV Transmission Line Culberson
County, Texas," prepared far The Lower Colorado River Authority, Austin,
Texas, Document No. 940135, June 1994.
`Borrowers Environmental Report Sam Houston Electric Cooperative, Inc.
Proposed Two-Year Wark Plan 1994-1995," prepared for Sam Houston
Electric Cooperative, Inc., Livingston, Texas 77351, Document No. 940034,
March 1994.
"Environmental Assessment and Alternative Route Analysis for Central
Power and Light Company's Proposed Roma 138-kV Transmission Line
Project," prepared for Central Power and Light Company, Corpus Christi,
Texas, Document No. 930514, November 1993.
"Environmental Assessment far the Proposed Berea-Jacksonville 138-kV
Transmission Line Project, Anderson, Cherokee and Houston Counties,
Texas," prepared for East Texas Electric Cooperative, Inc., Nacogdoches,
Texas, Document No. 930066, October 1993.
"Environmental Assessment far the Proposed Swinneytown Tap-
Swinneytown 138-kV Transmission Line Project, Smith County, Texas,"
prepared for East Texas Electric Cooperative, Inc., Nacogdoches, Texas,
Document No. 930069, October 1993.
"Environmental Assessment for the Proposed Troup Tap-New Summerfield
138-kV Transmission Line Project, Smith and Cherokee Counties, Texas,"
prepared for East Texas Electric Cooperative, Inc., Nacogdoches, Texas,
Document No. 930068, October 1993.
"Environmental Assessment far the Proposed Jacksonville-Teaselville 138-
kV Transmission Line Project, Smith and Cherokee Counties, Texas,"
prepared for East Texas Electric Cooperative, Inc., Nacogdoches, Texas,
Document No. 930067, October 1993.
"Environmental Assessment far the Proposed Clyde Brady-E. Burges 138-
ROB R. REID � 17 POWER ENGINEERS, INC.
kV Transmission Line Project, Van Zandt and Smith Counties, Texas,"
prepared for East Texas Electric Cooperative, Inc., Nacogdoches, Texas,
Document No. 930070, October 1993.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Fredericksburg North Project-Volume II," prepared for the Lower Colorado
River Authority, Austin, Texas, Document No. 890251, June 1989 (Revised
August 1993).
"Volume I Existing Environment of the Region of Interest far the LCRA's
Proposed Schumansville Project," prepared for The Lower Colorado River
Authority, Austin, Texas, Document No. 930016, May 1993.
"Existing Environment of the Region of Interest far the Proposed
Fredericksburg North Project-Volume I," prepared for the Lower Colorado
River Authority, Austin, Texas, Document No. 880069, April 1989 (Revised
January 1993).
"Environmental Assessment far the Proposed Eden Project, Conch County,
Texas," prepared for West Texas Utilities Company, Abilene, Texas,
Document No. 910575, November 1992.
"Comprehensive Routing and Environmental Studies far the Seaholm to
Salem Walk 138-kV Transmission Line Project (CKT 976)," prepared for
The City of Austin Electric Utility Department, Austin, Texas, Document
No. 900194, September 1992.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Kerr County Project-Volume II," prepared far the Lower Colorado River
Authority, Austin, Texas, Document No. 890178, May 1989 (Revised
September 1992).
`Borrowers Environmental Report far the Proposed Jackson-Canton 138-kV
Transmission Line Project, Van Zandt County, Texas," prepared for Rayburn
Country Electric Cooperative, Inc., Rockwall, Texas, Document No. 910604,
July 1992.
"Environmental Assessment and Alternative Routing Analysis far the
Proposed Cross Valley Tie 345/138-kV Project," prepared for Central Power
and Light Company, Corpus Christi, Texas, Document No. 900784, July
1992.
"Draft Environmental Impact Statement-Proposed Construction of Winston-
Salem Outer Beltway on New Location," prepared for North Carolina Dept.
of Transportation, FHWA-NC-EIS-92-06-D, Document No. 910124, June
1992.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Military Highway-CFE Tie 138/69-kV Transmission Line Project,
Brownsville, Cameron County, Texas," prepared for Central Power and Light
Company, Corpus Christi, Texas/U. S. Dept. of Energy, Document No.
910377, DOE/EA-0702. April 1992.
"Environmental Assessment for Central Power and Light Company's
Proposed Koch Refining Company 69/138-kV Transmission Line Relocation
Project," prepared for Central Power and Light Company, Corpus Christi,
ROB R. REID � 18 POWER ENGINEERS, INC.
Texas, Document No. 910439, January 1992.
"Environmental Assessment and Alternative Routing Analysis far the
Proposed Alamogordo to Ruidoso 115-kV Transmission Line Project,"
prepared for Texas-New Mexico Power Company, Fort Worth, Texas,
Document No. 900551, January 1992.
"Environmental Assessment far the Proposed Rebuilding and Relocation of a
Portion of the Hicross-Buda Split 138-kV Transmission Line, Travis and
Hays Counties, Texas," prepared far the Lower Colorado River Auth.,
Austin, Texas, Document No. 900302, September 1991.
"Comprehensive Siting, Routing & Environmental Studies far the Oak Hill
138-kV Substation and Related Transmission Line Relocation Project,"
prepared far the City of Austin, Austin, Texas, Document No. 910044,
September 1991.
"Phase I Preacquisition Site Assessment-55-Acre Tract Southwest of the
Intersection of FM 1599 and Searcy Ranch Road, Harlingen, Texas,"
prepared for Central Power and Light Company, Corpus Christi, Texas,
Document No. 910411, August 1991.
"Draft Environmental Impact Statement - Proposed Construction of U. S. 220
to a Four-Lane Divided Facility on New Location that Extends
Approximately 15.3 Miles from Emery to south of Ellerbe in Montgomery
and Richmond Counties, North Carolina," prepared for the North Carolina
Dept. of Transportation, Raleigh, North Carolina, FHWA-NC-EIS-91-02-D,
July 1991.
"Environmental Assessment and Alternative Route Analysis far the Proposed
North Pole-Oilville-Short Pump 230-kV Transmission Line Project,"
prepared for Virginia Power, Richmond, Virginia, Document No. 890327,
July 1991.
"Existing Environment of the Region of Interest far the Proposed Kerr
County Project-Volume I," prepared far the Lower Colorado River
Authority, Austin, Texas, Document No. 890196, April 1989 (Revised June
1991).
"Environmental Assessment for the Proposed Hilbig 13.8-kV In-Field Line
Addition Near Rockne, Bastrop County, Texas," prepared for the Lower
Colorado River Authority, Austin, Texas, Document No. 910179, May 1991.
`Borrowers Environmental Report/Environmental Assessment far the
Proposed Canton Tap - Mineola 138-kV Transmission Line Project, Van
Zandt, Smith and Wood Counties, Texas," prepared for Southwestern
Electric Power Company, Shreveport, Louisiana and Rayburn Country
Electric Cooperative, Inc., Rockwall, Texas, Document No. 900607, March
1991.
"Environmental Evaluation of the Proposed 138-kV Transmission Line
Between the Glenn Pine Substation and the Proposed Explorer Switching
Station in Van Zandt County, Texas," prepared for Kaufman County Electric
Cooperative, Inc., Kaufman, Texas and Rayburn Country Electric
Cooperative, Inc., Rockwall, Texas, Document No. 910041, March 1991.
ROB R. REID � 19 POWER ENGINEERS, INC.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Explorer-Overton 138-kV Transmission Line Project-Kaufman, Van Zandt,
Henderson, Smith, Anderson, Cherokee and Rusk Counties, Texas," prepared
for Rayburn Country Electric Cooperative, Inc., Rockwall, Texas, Document
No. 900556, February 1991.
"A Review of Available Information on Black-capped Vireo Occurrence in
Relation to the Lower Colorado River Authority's Electric Transmission
Facilities," prepared far the Lower Colorado River Authority, Austin, Texas,
Document No. 900700, January 1991 (with staf�.
"Comprehensive Routing and Environmental Studies far the Sprinkle to
Howard Lane 138-kV Project (CKT 974/975)," prepared far the City of
Austin, Austin, Texas, Document No. 900021, January 1991.
`Borrowers Environmental Report-Sam Houston Electric Cooperative, Inc. -
Proposed Two-Year Wark Plan-1991-1992," prepared for Sam Houston
Electric Cooperative, Inc., Livingston, Texas, Document No. 910015,
January 1991.
"Alternative Routing Analysis and Environmental Report far the Proposed
Dripping Springs to Wimberley 138-kV Transmission Line and Substation,"
prepared for Pedernales Electric Cooperative, Inc., Johnson City, Texas,
Document No. 900614, November 1990.
"Environmental Analysis of South Padre Island - Port Isabel 138-kV
Underground Transmission Cable," prepared for Central Power and Light
Co., Corpus Christi, Texas, Document No. 890699, October 1990.
"Supplemental Biological Assessment of the Endangered Attwater's Prairie
Chicken and Bald Eagle Along CPL's Proposed Lon C. Hill-Coleto Creek
345-kV Transmission Line," prepared far the U.S. Army Corps of Engineers,
Galveston, Texas, Document No. 900619, October 1990.
`Borrowers Environmental Report - Six Mile - Leach 138-kV Transmission
Line Project, Sabine & Newton Counties, Texas," prepared far Tex-La
Electric Cooperative, Inc., Nacogdoches, Texas, Document No. 890651,
September 1990.
"Environmental Assessment and Alternative Route Analysis far the Lytton
Springs-Slaughter Lane Project," prepared far the City of Austin, Austin,
Texas, Document No. 890501, September 1990.
"Environmental Assessment and Alternative Route Analysis for Central
Power and Light Company's Proposed Santo Nino 138-kV Transmission
Line and Substation," Webb County, Texas, prepared for Central Power and
Light Company, Corpus Christi, Texas, Document No. 900034, August 1990.
"Environmental Assessment & Alternative Route Analysis - Pineland -
Rayburn Switchyard 138-kV Transmission Line Project, Sabine and Jasper
Counties, Texas," prepared for Tex-La Electric Cooperative, Inc.,
Nacogdoches, Texas, Document No. 890650, August 1990.
"Environmental Assessment of the Proposed Pisek Project," prepared far the
Lower Colorado River Authority, Austin, Texas, Document No. 890377,
March 1990.
ROB R. REID � 20 POWER ENGINEERS, INC.
`Borrowers Environmental Report - Center-Holly 138-kV Transmission Line
Project, Shelby & San Augustine Counties, Texas," prepared far Tex-La
Electric Cooperative of Texas, Inc., Nacogdoches, Texas, Document No.
890649, February 1990.
"Environmental Assessment far the Winchester to Salem 138-kV
Transmission Line Project," prepared for the Lower Colorado River
Authority, Austin, Texas, Document No. 890384, December 1989.
"Alternative Route Analysis and Environmental Assessment far the Lon C.
Hill-Coleto Creek 345-kV Transmission Line (Volumes I and II)," prepared
for Central Power and Light Company, Corpus Christi, Texas, Document No.
890149, December 1989.
"Environmental Information Document far the Proposed Aristech
Cumene/Phenol Complex, Mount Airy, Louisiana," prepared for Aristech
Chemical Corp., Pittsburgh, Pennsylvania, Document No. 890115, October
1989.
`Borrowers Environmental Report far the Proposed Tenaha-Timpson 138-kV
Transmission Line/30-Megawatt Load Shift Project," prepared far Tex-La
Electric Cooperative of Texas, Inc., Nacogdoches, Texas, Document No.
880728, September 1989.
"Environmental Assessment and Alternative Route Analysis for Central
Power and Light Company's Proposed Javelina 138-kV Transmission Line
and Substation," prepared for Central Power and Light Company, Corpus
Christi, Texas, Document No. 890135, September 1989.
"Alternative Route Analysis and Environmental Assessment far the Proposed
Gill 138-kV Transmission Line Project, Harrison County, Texas," prepared
for Panola-Harrison Electric Cooperative, Inc., Marshall, Texas, Document
No. 890070, June 1989.
"Environmental Assessment and Alternative Route Analysis-Chesterfield to
Chickahominy 230-kV Project," prepared for Virginia Power, Richmond,
Virginia, Document No. 880720, June 1989.
"Environmental Assessment for a Proposed 138-kV Transmission Line
Relocation Near Kyle, Hays County, Texas," prepared far the Lower
Colorado River Authority, Austin, Texas, Document No. 890241, June 1989.
"A Review of Available Information on Black-capped Vireo Occurrence in
Relation to the Lower Colorado River Authority's Electric Transmission
Facilities," prepared far the Lower Colorado River Authority, Austin, Texas,
Document No. 890020, February 1989 (with staf�.
"Environmental Assessment - Lampasas-Goldthwaite 69-kV Transmission
Line Project," prepared far the Lower Colorado River Authority, Austin,
Texas, Document No. 880505, February 1989.
"Environmental Information Document," prepared far the El Paso County
Lower Valley Water District Authority, Socorro, Texas, Document No.
880679, December 1988 (with Jones and Neuse, Inc. and Conde Engineering,
Inc.).
ROB R. REID � 21 POWER ENGINEERS, INC.
"Environmental Report far the Proposed Childress to Paducah 138-kV
Transmission Line Project," prepared for West Texas Utilities Company,
Abilene, Texas, Document No. 880628, November 1988.
`Borrowers Environmental Report for the Proposed West Munson-Quinlan-
Wieland 138-kV Transmission Line and Substations," prepared far Farmers
Electric Cooperative, Inc., Greenville, Texas, Document No. 880563,
November 1988.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Mill Creek Proj ect - Volume II," prepared for the Lower Colorado River
Authority, Austin, Texas, Document No. 880292, September 1988.
"Environmental Assessment and Alternative Route Analysis for Central
Power and Light Company's Proposed Homeport 138-kV Transmission Line
and Substation," prepared for Central Power and Light Company, Corpus
Christi, Texas, Document No. 880363, September 1988.
"Environmental Information Document for a Proposed Wood Products
Manufacturing Facility in Beauregard Parish, Louisiana," prepared for
Temple-Eastex, Inc., Diboll, Texas, Document No. 880422, August 1988.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Colorado County Project - Volume II," prepared far the Lower Colorado
River Authority, Austin, Texas, Document No. 880406, August 1988.
`Borrowers Environmental Report for the Proposed Moss Hi11230-kV
Transmission Line and Substation," prepared for Sam Houston Electric
Cooperative, Inc., Livingston, Texas, Document No. 880202, June 1988.
"Environmental Assessment of the Proposed Loudoun to Clark 230-kV
Project," prepared for Virginia Power, Glen Allen, Virginia, Document No.
880065, June 1988.
"Existing Environment of the Region of Interest far the Proposed Colorado
County Proj ect - Volume I," prepared far the Lower Colorado River
Authority, Austin, Texas, Document No. 880068, April 1988.
"Existing Environment of the Region of Interest far the Proposed Mill Creek
Project - Volume I," prepared far the Lower Colorado River Authority,
Austin, Texas, Document No. 870888, February 1988.
"Environmental Assessment of the Proposed North Anna to Mitche11230-kV
Project," prepared for Virginia Power, Glen Allen, Virginia, Document No.
870598, January 1988.
"Environmental Assessment and Alternative Route Analysis far the Proposed
Kerrville South Project - Volume II," prepared for the Lower Colorado River
Authority, Austin, Texas, Document No. 870784, December 1987.
"Environmental Assessment far the Ferguson-Buchanan 138-kV
Transmission Line Project, Burnet and Llano Counties, Texas," prepared for
the Lower Colorado Authority, Austin, Texas, Document No. 870518, July
1987.
ROB R. REID � 22 POWER ENGINEERS, INC.
"Environmental Assessment far the Buchanan-Mormon Mill 138-kV
Transmission Line Project, Burnet and Llano Counties, Texas," prepared for
the Lower Colorado River Authority, Austin, Texas, Document No. 870517,
July 1987.
"Environmental Assessment of the City of Austin's Proposed CKT 968 138-
kV Transmission Line Project," prepared far the City of Austin Electric
Utility Department, Austin, Texas, Document No. 870600, June 1987.
"Environmental Assessment of the City of Austin's Proposed CKT 966 138-
kV Transmission Line Project," prepared far the City of Austin Electric
Utility Department, Austin, Texas, Document No. 870126, June 1987.
"Part A: Environmental Assessment of Mid-Term and Long-Term
Development Options at Robert Mueller Municipal Airport," prepared far the
City of Austin Department of Aviation; prepared by the Greiner Austin Team
- Joint Venture, Document No. 860722, April 1987.
"Environmental Assessment of Alternative Routes for LCRA's Proposed
Deanville Project - Volume II," prepared for the Lower Colorado River
Authority, Austin, Texas, Document No. 861322, March 1987.
"Alternative Route Analysis and Environmental Assessment far the Lon C.
Hill - Coleto Creek 345-kV Transmission Line," prepared for Central Power
and Light Company, Corpus Christi, Texas, Document No. 860548, February
1987.
"Environmental Assessment of the City of Austin's Proposed CKT 961 138-
kV Transmission Line Project," prepared far the City of Austin Electric
Utility Department, Austin, Texas, Document No. 861316, December 1986.
"Environmental Assessment of the City of Austin's Proposed CKT 3125 345-
kV Transmission Line Project," prepared far the City of Austin Electric
Utility Department, Austin, Texas, Document No. 860579, September 1986.
"Alternative Route Analysis and Environmental Assessment of the City of
Austin's Proposed CKT 912 Transmission Line Project within the City of
West Lake Hills, Texas," prepared far the City of Austin Electric Utility
Department, Austin, Texas, Document No. 851130, August 1986.
"Osuna Road Improvements (From Second Street to the Narth Diversion
Channel) Proj ect Na M-4052(2) Environmental Assessment," prepared for
the County of Bernalillo, New Mexico, Document No. 86078, August 1986.
`Borrower's Environmental Report: Port Lavaca-Vanderbilt 138-kV
Transmission Line and Substation-Jackson, Victoria, and Calhoun Counties,
Texas," prepared for South Texas Electric Cooperative, Inc., Nursery, Texas,
Document No. 860208, March 1986.
`Borrower's Environmental Report: Orange Grove - Driscoll 138-kV
Transmission Line and Substation-Jim Wells and Nueces Counties, Texas,"
prepared for South Texas Electric Cooperative, Inc., Nursery, Texas,
Document No. 860199, March 1986.
"Water Availability Study far the Guadalupe and San Antonio River Basins,"
prepared far the San Antonio River Authority, Guadalupe-Blanco River
ROB R. REID � 23 POWER ENGINEERS, INC.
Authority, and City of San Antonio, Document No. 85580 (wildlife section),
February 1986.
"Environmental Assessment of the City of Austin's Proposed CKT 972 138-
kV Transmission Line Project," prepared far the City of Austin Electric
Utility Department, Austin, Texas, Document No. 85896, October 1985.
"Environmental Assessment of the Giddings to Lexington 138-kV
Transmission Line Project, Lee County, Texas," prepared for the Lower
Colorado River Authority, Austin, Texas, Document No. 85733, August
1985.
"Environmental Assessment of the Mormon Mills 138-kV Transmission Line
Project, Travis and Burnet Counties, Texas," prepared far the Lower
Colorado River Authority, Austin, Texas, Document No. 85611, July 1985.
"Environmental Assessment of the City of Austin's Proposed CKT 3126 345-
kV Transmission Line Project," prepared far the City of Austin Electric
Utility Department, Austin, Texas, Document No. 85652, July 1985.
"Environmental Assessment of Alternative Routes for LCRA's Proposed
Round Top Proj ect - Volume II," prepared for the Lower Colorado River
Authority, Austin, Texas, Document No. 85558, June 1985.
"Existing Environment of the Region of Interest for LCRA's Proposed
Deanville Project - Volume I," prepared for the Lower Colorado River
Authority, Austin, Texas, Document No. 841024, March 1985 (Revised
November 1986).
"Existing Environmental of the Region of Interest for LCRA's Proposed
Round Top Proj ect - Volume I," prepared for the Lower Colorado River
Authority, Austin, Texas, Document No. 861023, February 1985.
"Calvert Project-Ecology Baseline Report - 1985 Update," prepared for
Phillips Coal Company, Richardson, Texas, Document No. 85614, July 1985.
"Final Report on Pre-Construction Monitoring of Brown Pelican and
Migratory Waterfowl Movements Near CP&L's Proposed Laguna Madre
Transmission Line," prepared for Central Power and Light Company, Corpus
Christi, Texas, Document No. 85431, June 1985.
"Environmental Review of Pedernales Electric Cooperative's Proposed
Service Center - FM 1431, Williamson County, Texas," prepared for
Pedernales Electric Cooperative, Inc., Johnson City, Texas, Job No. 7519,
Letter Report, December 1985.
"Alternative Route Analysis and Environmental Assessment far the Proposed
Coldspring 138-kV Transmission Line," prepared for Sam Houston Electric
Cooperative, Inc., Livingston, Texas, Document No. 84889, December 1984.
"Environmental Evaluation Relating to Petitions to Designate 178 Square
Miles in Bastrop and Lee Counties as Unsuitable for Surface Coal Mining,"
prepared for Aluminum Company of America, City Public Service of San
Antonio, Shell Mining Company, and Texas Mining and Reclamation
Association, Document No. 84387, July 1984.
ROB R. REID � 24 POWER ENGINEERS, INC.
"Existing Environment of the Region of Interest for LCRA's Proposed
Kerrville South Project," prepared far the Lower Colorado River Authority,
Austin, Texas, Document No. 84314, June 1984. (Revised November 1987).
"Environmental Assessment and Alternative Route Analysis far the Proposed
China to Porter 500-kV Transmission Line," prepared for Gulf States
Utilities Company, Beaumont, Texas, Document No. 83566, January 1984.
"Environmental Impact Statement - Flint Creek to Oklahoma 345-kV
Transmission Line," prepared for Southwestern Electric Power Company,
Shreveport, Louisiana, Document No. 83479, October 1983.
"An Environmental Assessment of Alternative Lignite Conveyor Routes
Between the Cummins Creek Mine and Fayette Power Project," prepared for
the Lower Colorado River Authority, Austin, Texas, Document No. 83437,
August 1983.
"An Environmental Assessment of Alternative Lignite Transportation
Methods Between the Cummins Creek Mine and the Fayette Power Proj ect,"
prepared far the Lower Colorado River Authority, Austin, Texas, Document
No. 83385, July 1983.
"Environmental Assessment of the Proposed Turtle Creek to Hunt 138-kV
Transmission Line, Kerr County, Texas," prepared for Lower Colorado River
Authority, Austin, Texas, Document No. 83072, March 1983.
"Environmental Assessment far the Hunter to Sattler 138-kV Transmission
Line, Hays and Comal Counties, Texas," prepared for Pedernales Electric
Cooperative, Inc., Johnson City, Texas, Document No. 83138, March 1983.
"Draft Environmental Impact Statement, Malakoff Electric Generating
Station and Trinity Mine, Henderson and Anderson Counties, Texas"
(Wildlife Sections), Third-Party EIS prepared for U.S. EPA, Dallas, Texas,
EPA 906/9-83-002, February 1983.
"Alternative Route Analysis and Environmental Assessment far the
Fayetteville-Salem 345-kV Transmission Line," prepared for Lower
Colorado River Authority, Austin, Texas, Document No. 82522, December
1982.
"Review and Comparison of Three Lignite Mine Reserve Fatal Flaw
Reports," prepared for Brazos Electric Power Cooperative, Inc., Waco,
Texas, Document No. 82430, September 1982.
"Final Environmental Impact Statement, Henry W. Pirkey Power Plant Unit
1/South Hallsville Surface Lignite Mine Project, Harrison County, Texas,"
Third-Party EIS prepared for U.S. EPA, Dallas, Texas, EPA 906/9-82-011,
Document No. 82241, September 1982.
"Fatal Flaw Analysis of the Proposed Morgan Hill Lignite Project,
Limestone and Freestone Counties, Texas," Client Confidential, Document
No. 82393, September 1982.
"Prepared Testimony of Rob R. Reid for the Proposed Temco to Evergreen
138-kV Transmission Line, Walker County, Texas," prepared for Sam
Houston Electric Cooperative, Livingston, Texas, June 1982; testimony
ROB R. REID � 25 POWER ENGINEERS, INC.
given before Public Utility Commission of Texas in Public Hearing on
August 12, 1982.
"Draft Environmental Impact Statement, Henry W. Pirkey Power Plant Unit
1/South Hallsville Surface Lignite Mine Project, Harrison County, Texas,"
Third-Party EIS prepared for U.S. EPA, Dallas, Texas, EPA 906/9-82-004,
Document No. 81451, March 1982.
"EnvironmentaURegulatory Fatal Flaw Analysis far the Malvern Lignite
Prospect in Hot Spring County, Arkansas," Client Confidential, Document
No. 81515, January 1982.
"EnvironmentaURegulatory Fatal Flaw Analysis far the Benton Lignite
Prospect in Grant and Saline Counties, Arkansas," Client Confidential,
Document No. 81514, January 1982.
"Upper Guadalupe River Basin Water Supply Project - Final Report,"
prepared for Upper Guadalupe River Authority, Kerrville, Texas, and
Guadalupe-Blanco River Authority, Seguin, Texas, Document No. 81137-
R1, October 1981 (Wildlife Sections).
"Fish and Wildlife Resources of the Blue Ribbon Mine Site, Delta County,
Colorado," prepared for Western Associated Coal Corp., Denver, Colorado,
Document No. 81405, August 1981 (with J. Koblitz).
"Aransas Pass Hunting & Fishing Club - Proposed Project Plan, McCampbell
Slough, San Patricio County, Texas," prepared for Aransas Pass Hunting &
Fishing Club, Corpus Christi, Texas, Document No. 81292, August 1981.
`Baseline Environmental Studies of the Proposed Dolet Hills Power Plant
Transportive Systems Corridors," prepared for Southwestern Electric Power
Company, Shreveport Louisiana, Document No. 81415, August 1981.
`Baseline Survey of the Terrestrial Ecology of the Site X Proj ect Area,"
Henderson County, Texas, Document No. 81253, Client Confidential, July
1981 (with C.H. Perino).
`Borrower's Environmental Report - San Miguel Electric Cooperative, Inc.'s,
Lignite Fired Power Plant, Unit No. 1, Atascosa County, Texas," prepared
for San Miguel Electric Cooperative, Inc., Jourdanton, Texas, Document No.
81114, March 1981.
"Fatal Flaw Analysis of the Added Area to the Sparta Mine, Calhoun County,
Arkansas," Document No. 80392, Client Confidential, March 1981.
"Environmental Analysis - Elm Mott/Whitney 345-kV Transmission Line
and Substation," prepared for Brazos Electric Power Cooperative, Inc.,
Waco, Texas, Document No. 80104, March 1981.
`Borrower's Environmental Report: Magic Valley Electric Cooperative, Inc.'s
Two Year Wark Plan," prepared far Magic Valley Electric Cooperative, Inc.,
Mercedes, Texas, Document No. 81061, February 1981.
`Baseline Ecological Studies of the Richland-Chambers Reservoir Site,"
prepared far Tarrant County Water Control and Improvement District
Number One, Document No. 80340, January 1981.
ROB R. REID � 26 POWER ENGINEERS, INC.
"Vegetation and Wildlife Resources of the Black Mesa and Kayenta Mine
Site," prepared for Peabody Coal Company, Flagstaff, Arizona, Document
No. 8071, December 1980.
`Baseline Ecological Survey - Jewett Mine Project," prepared for
Northwestern Resources Company, Huntsville, Texas, Document No. 79260,
July 1980.
°Transmission Facility Alternatives Evaluation and Siting Report - Elm
Mott/Whitney 345-kV," prepared for Brazos Electric Power Cooperative,
Inc., Waco, Texas, Document No. 80175, July 1980.
"Permit Application far Meeker Area Mines and Associated Facilities - Rio
Blanco County, Colorado," Eight Volumes, prepared for Northern Coal
Company, Denver, Colorado, Document No. 8070, June 1980.
`Biological Assessment of the Impact of a Proposed 138-kV Transmission
Line on Threatened and Endangered Species in Bell County, Texas,"
prepared for Brazos Electric Power Cooperative, Inc., Waco, Texas,
Document No. 8013, January 1980.
`Borrower's Environmental Report: Youngsport Tap Line, Bell County,
Texas," prepared for Brazos Electric Power Cooperative, Inc., Waco, Texas,
Document No. 8014, January 1980.
"Environmental Impact Statement - Flint Creek-Neosho 161-kV
Transmission Line and Decatur-South Substation," Wildlife Sections,
prepared for Empire District Electric Company, Joplin, Missouri, Document
No. 79155, November 1979.
"Supplement to Appendix S- Monitoring Program, Proposed Multipurpose
Deepwater Port and Crude Oil Distribution System, Galveston, Texas,"
DocumentNo. 78160-51, September 1979.
"Studies of the Effects of Alterations of Freshwater Inflows into Matagorda
Bay Area, Texas, Phase I, Final Report," Appendix E, Fish & Wildlife
Resources, September 1979 (with T.D. Hayes).
`Biological Assessment of the Impact of a Proposed Multipurpose
Deepwater Port at Galveston, Texas on Threatened and Endangered
Species," Document No. 79108, July 1979.
`Biological Assessment of the Impact of a Proposed 345-kV Transmission
Line on Threatened and Endangered Species in Wilson and Guadalupe
Counties, Texas," prepared for Brazos Electric Power Cooperative, Inc.,
Waco, Texas, Document No. 79114, July 1979.
"Preliminary Ecological Evaluation of the Barton Creek Watershed -
Appendix A," In: "A Study of Some Effects of Urbanization on the Barton
Creek Watershed," Document No. 7995, June 1979 (with J.R MacRae and
D.B. Adams).
"Environmental Analysis: Youngsport Tap Line" (draft), prepared for Brazos
Electric Power Cooperative, Inc., Waco, Texas, Document No. 7965, April
1979 (with J.R. Schenck and P.J. Grubb).
ROB R. REID � 27 POWER ENGINEERS, INC.
"Ecological Considerations Associated with the Disposal of Produced Water
into Mound Lake, Terry and Lynn Counties, Texas," Document No. 7922,
February 1979 (with J.M Wiersema).
"Environmental Overview of a Proposed Surface Lignite Coal Mine in West-
Central Alabama," Wildlife Section, Document No. 78149, November 1978.
`Baseline Survey of the Terrestrial Ecology of the Malakoff-Cayuga Mining
Prospect," prepared for North American Coal Corporation, Dallas, Texas,
Document No. 78165, November 1978 (with D.B. Adams).
"Environmental Impact Assessment and Evaluation of Alternatives for Lake
Travis," Land Use and Ecology Section, prepared for U. S. Army Corps of
Engineers, Fort Worth District, Document No. 7890, November 1978 (with
D.B. Adams).
"Environmental Assessment Report - Proposed Multipurpose Deep-Water
Port and Crude Oil Distribution System," Galveston, Texas, VoL III,
Appendix I- Wildlife, Document No. 7834, November 1978.
"Environmental Assessment Report - Proposed Multipurpose Deep-Water
Port and Crude Oil Distribution System," Galveston, Texas, Wildlife Section,
Document No. 7825, November 1978.
`Baseline Ecology Studies, Calvert Lignite Prospect," Wildlife Section,
Document No. 78157, October 1978.
"Appendix to Volume II - Plan Summary Report, Lower Colorado Basin,
Water Quality Management Plan," Biology Section, prepared far the Lower
Colorado River Authority by and Turner, Collie, and Braden, Inc., Document
No. 7880, June 1978.
"Environmental Analysis - CEPCO Microwave Relay System," Cajun
Electric Power Cooperative, Inc., Document No. 7859, June 1978 (with D.B.
Adams).
"Wildlife Baseline Report - Carter Oil Company Prospect," prepared for
Dames & Moore, Houston, Texas, Document No. 7874, May 1978 (with J.R.
Schenck and G.G. Raun).
"A Windshield and Multivariate Approach to the Classification, Inventory,
and Evaluation of Wildlife Habitat: An Exploratory Study," Presented at: A
Warkshop - The Use of Multivariate Statistics in Studies of Wildlife Habitat,
23-24 April 1980, Burlington, Vermont. Sponsored by: School of Natural
Resources, University of Vermont U.S. Fish and Wildlife Service; USDA
Forest Service. USDA Forest Service Gen. Tech. Report RM-87, August
1981 (with C.E. Grue and N.J. Silvy).
"Competition Between Bobwhite and Scaled Quail for Breeding Habitat in
Texas," Proc. Ann. Conf. S.E. Fish and Wildlife Agencies. 33: (146-153),
1979 (with N.J. Silvy and C.E. Grue).
"Correlation of Habitat Parameters with Whistle-Count Densities of
Bobwhite (Colinus virginianus) and Scaled Quail (Callipepla squamata) in
Texas," MS. thesis, 1977.
ROB R. REID � 28 POWER ENGINEERS, INC.
ATTACHMENT 2- BRIAN MACIK'S RESUME
BRIAN MACIK
ENVIRONMENTAL PLANNER
YEARS OF EXPER/ENCE
s
EDUCA T/ON
> B.A., Environmental Studies, University
of Pittsburgh, 2006
> B.A., Political Science, University of
Pittsburg, 2006
AFF/L/AT/ONS
> American Planning Association
� �' .� � �°� �
EXPERIENCE SUMMARY
Mr. Macik is an environmental planner with experience in environmental
analysis and land use planning. His primary duties include the production of
environmental assessments (EA) for electrical transmission line routing
projects as well as documenting project effects on land use, socioeconomics,
visual and aesthetic qualities, ecology, and other impacts. His experience also
includes the preparation of EAs, environmental impact reports (EIR), and
mitigation monitoring and reporting programs (MMRP) for large-scale
master planned residential, commercial, and industrial projects in accordance
with the California Environmental Quality Act (CEQA).
PREVIOUS WORK HISTORY
Electric Transmission Texas, Las Brisas to Sand Dollar to
Nopalito/Lon Hill 345 kV Transmission Line Projects, Texas
Environmental Planner responsible for preparation of the description of two
projects' environmental setting and impact analysis for EAs and alternative
route analyses including socioeconomic and land use characteristics.
Attended and participated in the projects' public meetings. The projects
involved the of routing two new single-circuit 345 kV electric transmission
lines through the northwestern portion of Corpus Christi, which contains the
Port of Corpus Christi, the Rincon Bayou, Nueces Bay, and high-density
industrial and residential development.
Electric Transmission Texas, Bluff Creek to Brown 345 kV
Transmission Line Project, Texas
Environmental Planner responsible for preparation of the description of the
project's environmental setting for its EA and alternative route analysis,
including the socioeconomic and land use characteristics. The proj ect
involved routing of new double circuit 345 kV electric transmission line in a
three-county region in central Texas.
Electric Transmission Texas, Bowman to Oklaunion 345 kV
Transmission Line Project, Texas
Environmental Planner responsible for preparation of the description of the
project's environmental setting for its EA and alternative route analysis,
including the socioeconomic and land use characteristics. The proj ect
involved routing of new 345 kV electric transmission line in a three-county
region in north-central Texas.
BRIAN MACIK � 2 POWER ENGINEERS, INC.
Electric Transmission Texas, Riley to Edith Clarke to
Cottonwood 345 kV Transmission Line Project, Texas
Environmental Planner responsible for preparation of the description of the
project's environmental setting and impact analysis for its EA and alternative
route analysis including the socioeconomic and land use characteristics. The
project involved routing of new double-circuit 345 kV electric transmission
line in an eight-county region in north Texas.
Electric Transmission Texas, Tesla to Riley 345 kV Transmission
Line Project, Texas
Environmental Planner responsible for preparation of the description of the
project's environmental setting and impact analysis for its EA and alternative
route analysis including the socioeconomic and land use characteristics. The
project involved routing of new double-circuit 345 kV electric transmission
line in a three-county region in north Texas.
Electric Transmission Texas, Barney Davis-Laguna 138 kV
Transmission Line Project, Texas
Environmental Planner responsible for preparation of the description of the
project's environmental setting and impact analysis for its EA and alternative
route analysis including the socioeconomic and land use characteristics.
Attended and participated in the project's public meetings. The project
involved the challenge of routing of a new single-circuit 138 kV electric
transmission line through the Flour Bluff area of Corpus Christi, which
contains high-density residential areas, a military airfield, a large school
district campus, park and wildlife areas, and large water bodies.
Lower Colorado River Authority (LCRA), McCamey D to Kendall
to Gillespie 345 kV Transmission Line Project, Texas
Environmental Planner responsible for preparation of the description of the
project's environmental setting and impact analysis for its EA and alternative
route analysis including the socioeconomic and land use characteristics.
Attended and participated in the project's public meetings. The project
involved routing of a new double-circuit 345 kV electric transmission line
through an eight-county region of west Texas and the Hill Country.
Lower Colorado River Authority (LCRA), Twin Buttes to
McCamey D 345 KV Transmission Line Project, Texas
Environmental Planner responsible for preparation of the description of
existing conditions and potential impacts associated with land use,
socioeconomic, and aesthetic resources located within the proj ect's study
area. Attended and participated in the project's public meetings and provided
assistance during the public intervention process. The project involved
routing of a new double-circuit 345 kV electric transmission line through a
three-county region of west Texas.
BRIAN MACIK � 3 POWER ENGINEERS, INC.
Oncor Electric Delivery Company, Environmental Impact
Statement (EIS) and Habitat Conservation Plan, Routine
Maintenance and Repair of Facilities and Installation and
Operation of New Facilities, Texas
Environmental Planner for preparation of the description of the project's
environmental setting and impact analysis for land use, aesthetics,
socioeconomics, and environmental justice characteristics. The project
involved ensuring compliance with the Endangered Species Act for
construction, operation, maintenance, and repair of electrical transmission
facilities throughout 103 counties in Texas.
Central Texas Regional Mobility Authority, SH 71 East Drainage
Improvement EA, Texas
Field Technician responsible for surveying trees using specific protocol to
document particular size and species type of trees along a highway expansion
right-of-way as well as ensuring compliance with City of Austin tree
preservation requirements. The project involved widening of SH 71 in Travis
County, Texas.
Lower Colorado River Authority, McCamey B to North McCamey
138 kV Transmission Line Project, Texas
Environmental Planner responsible for preparation of the description of the
project's environmental setting for its EA and alternative route analysis
including the land use characteristics, community resources, and aesthetic
qualities. The project involved routing of a new 138 kV electric transmission
line circuit to an existing double circuit capable transmission line in a three-
county region in southwestern Texas.
CPS Energy, Anderson to Westover Hills 138 kV Transmission
Line Project, Texas
Environmental Planner responsible for field reconnaissance and analysis of
the proj ect's impact on socioeconomics, land use, and ecology in the EA and
alternative route analysis. The project involved the construction and routing
of a new 138 kV electric transmission line in the Westover Hills area, west of
San Antonio in Bexar County, Texas.
Rosetta Advisors, Serrano Commerce Center, California
Environmental Planner responsible for preparation of an EIR for a light
industrial, office, and commercial development featuring over 6.8 million
square feet of space on 489 acres. The project was designed to be water and
energy efficient and included an innovative stormwater recovery and storage
program that will capture stormwater and put the water to reuse.
Rancon Group, Motte Lakeview Ranch Mixed-Use Community,
California
Environmental Planner responsible for preparation of a Specific Plan for a
640-acre master-planned, mixed-use community including residential,
commercial, and public facilities. The project proposed 2,000 medium- and
high-density homes, a 17-acre school site, a 90-acre regional park, a 35-acre
BRIAN MACIK � 4 POWER ENGINEERS, INC.
lake, and a 183-acre conservation area in the Lakeview/Nuevo area of
Riverside County.
SunCal Companies, Solaire Residential Community, California
Environmental Planner responsible for preparation of an EIR for a 620-acre
master-planned residential community in the eastern Coachella Valley of
Riverside County. This project proposed 3,000 residences, a 40-acre system
of landscaped paseos, 45 acres of passive open space, a trail netwark, and a
12-acre elementary school site.
Brookfield Land Holdings, Thermal 551 Residential Community,
California
Environmental Planner responsible for preparation of an EIR for a 610-acre
master-planned residential community in the eastern Coachella Valley of
Riverside County. This project proposed 2,350 residences, a 20-acre lake, a
clubhouse, a 25-acre public park, 75 acres of open space/detention, and a
substation site.
ATTACHMENT 3 - GENERAL ROUTING/SITING
PROCESS
GENERAL ROUTING / SITING PROCESS
SUGGESTED FOR DENTON MUNICIPAL ELECTRIC
1. Establish Purpose and Need for the Project
o Transmission voltage requirements
o Substation requirements
2. Determine Study Area - As a starting point, a study area connecting the end-points of the
transmission line and/or electrical load area for substation is identified
o Study area large enough to allow flexibility in transmission line routing and substation
siting
3. Gather Data / Constraints Information and Map in Geographic Information System (GIS)
o Federal, state and local agencies with jurisdiction are contacted requesting information
and identification of any concerns within the study area for resources that they manage
o Aerial imagery of study is secured in-house or from publicly available sources
o Publicly available information regarding sensitive / important human, natural and cultural
resources are mapped in GIS
o Field review of the study area is conducted to accurately identify local conditions and
verify secondary data inventory
4. Develop Preliminary Alternative Transmission Line Routes / Substation Sites
o Avoid mapped land use / environmental constraints if feasible
o Take advantage of any mapped routing / siting opportunities
o Consider any engineering / right-of-way concerns
o Evaluate structure types
5. Conduct Public Involvement Program
o A Public Involvement Plan will be developed and remain a working document
throughout the planning process
o Public notice requirements
o Public Utility Board / City Council Project Updates
o Conduct public open house meeting(s) to discuss the proj ect and gather public input
regarding route alternatives
6. Modify Alternative Routes
o Evaluate and incorporate appropriate modifications to the alternative routes presented to
the public
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7. Conduct Additional Public Meeting(s)
o Review routing adjustments with public, if necessary
8. Evaluate Primary Alternative Routes / Sites
o Utilize 25-35 environmental / land use criteria
o Compare alternatives
9. Consultant Recommends Preferred Route / Site
o Based on environmental / land use factors
o One or more viable alternatives recommended
10. Prepare Routing Analysis / Environmental Assessment Report
o Purpose and Need
o Description of Facilities
o Existing Environment
o Alternatives Analysis
o Public / Agency Input
o Impacts of Each Alternative
o Local / State / Federal Permitting Requirements
o Mitigation (if required)
o Estimated Costs of Each Alternative
11. DME Selects / Recommends Preferred Transmission Line Route and/or Substation Site (based on
an evaluation of several factors)
o Public and agency input
o Engineering
o Cost
o Right-of-way considerations
o Maintenance
o Environmental
o Land Use
12. Denton City Council Approves Final Transmission Line Route / Substation Site
13. Public /Stakeholders Notified of Approved Route / Site and Estimated Date for Start of
Construction
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ATTACHMENT 4- POWER ENGINEERS, INC.
SCHEDULE OF CHARGES - 2012
Page 1
POWER ENGINEERS, INC.
SCHEDULE OF CHARGES — 2012
This standard Schedule of Charges is for professional services. Unless agreed otherwise, charges for work on continuing projects will be based on the then current Schedule
of Charges. A new Schedule of Charges will be issued to be effective January 1 of each new year and as necessary on an intermediate basis to accommodate new items or
revised charges. Invoices will be submitted monthly and/or upon completion of the work and will be due and payable when issued. All accounts not paid within thirty (30) days
after Owner's receipt of the invoice will bear a SERVICE CHARGE OF 1.0% PER MONTH for each month the invoice is unpaid.
PERSONNEL CLASSIFICATION
President.......................................................................................................................................................................................................... $250.00/hr.
Executive Vice President
Senior Project Manager IV
Project Manager Director........
Senior Project Manager III
Senior Project Manager II .......
Senior Project Manager I ........
Senior Project Engineer III
Strategic Consultant III
Project Manager III .................
Project Lead IV
Construction Manager III
Senior Project Engineer II
Strategic Consultant II
Senior Consultant III
.. $230.00/hr.
.................................................................................................................................................................. $215.00/hr.
.................................................................................................................................................................. $200.00/hr.
$187.00/hr.
ProjectManager II ............................................................................................................................................................................................ $167.00/hr.
Project Lead III
Strategic Consultant I
Senior Consultant II
Project Engineer III
Construction Manager II
Senior Project Engineer I
Engineer V
ProjectManager I ............................................................................................................................................................................................. $144.00/hr.
Project Lead II
Construction Manager I
Environmental Specialist IV
Project Engineer II
Engineer IV
Designer V
Project Administrator III
Senior Consultant I
Consultant III
ProjectLead I ................................................................................................................................................................................................... $134.00/hr.
Project Engineer I
Engineer III
Designer IV
Environmental Specialist III
Procurement Specialist III
Scheduling Specialist III
Project Administrator II
Consultant II
EngineerII ........................................................................................................................................................................................................ $124.00/hr.
Designer III
Technician IV
Environmental Specialist II
Procurement Specialist II
Scheduling Specialist II
Project Administrator I
Programmer III
Consultant I
EngineerI ......................................................................................................................................................................................................... $112.00/hr.
Designer II
Technician III
Environmental Specialist I
Procurement Specialist I
Field Representative IV
Scheduling Specialist I
Project Managers Assistant III
Programmer II
DesignerI ........................................................................................................................................................................................................... $98.00/hr.
Drafter III
Technician II
Administrative Assistant I
Field Representative III
Staff Assistant II
Project Managers Assistant II
Programmer I
DrafterII ............................................................................................................................................................................................................. $83.00/hr.
Staff Assistant
Field Representative II
Project Managers Assistant I
DrafterI .............................................................................................................................................................................................................. $66.00/hr.
General Office Assistant
Field Representative I
Personnel with specialized experience are employed by or on retainer to POWER. Charges for these specialists are negotiated on an individual basis depending on the
assignment. Professional time for depositions and testimony is charged at 1.5 times the rate for services; full-day minimums apply.
2012 Fees (03/06/12)
Page 2
POWER ENGINEERS, INC.
SCHEDULE OF CHARGES - 2012
This standard Schedule of Charges is for professional services. Unless agreed otherwise, charges for work on continuing projects will be based on the then current Schedule
of Charges. A new Schedule of Charges will be issued to be effective January 1 of each new year and as necessary on an intermediate basis to accommodate new items or
revised charges. Invoices will be submitted monthly and/or upon completion of the work and will be due and payable when issued. All accounts not paid within thirty (30) days
after Owner's receipt of the invoice will bear a SERVICE CHARGE OF 1.0% PER MONTH for each month the invoice is unpaid.
SPECIAL APPLICATION SOFTWARE
Level I Software ` $10.00/hr.
Level II Software " $20.00/hr.
Level III Software "` $35.00/hr.
Level IV Software "" $60.00/hr.
` Level I Software indudes, among others: CPM, Traverse PC,
Structural Design, Foundation Design, HVAC Design, Conveyor
Design, Rockwell RSView & RSLogix, Subnet Solutions
Substation Server.net, Subnet Solutions Substation Explorer,
and Wonderware.
" Level II Software indudes, among others: ArcPro, ASPEN
OneLiner, ESA Easy Power, Milsoft Windmil, OSI ETAP,
Pathloss V5, SKM PTW, SynerGee DPA/G (Distribution
Primary Analysis/Graphics), Smart Plant P&ID, Smart Plant
Instrumentation, SIMFLEXS, DPAG, PTW, Harmflo, Matlab,
PLS-CADD, TL-CADD, AutoCAD, MicroStation, Drafting
Station w/software, and specialized estimating programs.
"`Level III Software indudes, among others: CDEGS
(RESAP/MALZ), GE PSLF, PSCAD (PSCAD/EMTDC), PTI
PSS/E, WinIGS, Smart Plant 3D, PDS, Rebis, GIS
Workstation, and Engineering Workstation.
""Level IV Software indudes, among others: CDEGS,
CDEGS (HiFREQ), COMSOL Multiphysics, Sigma SLP, STRI
Line Performance Software, and Animation.
REPRODUCTION
Drawings - Black & White
Large Scale Drawings (C Size)
Large Scale Drawings (D Size)
Large Scale Drawings (E Size)
Drawings — Color
Large Scale Drawings (C Size)
Large Scale Drawings (D Size)
Large Scale Drawings (E Size)
Documents — Black & White
Single-sided Copies 8 x 11 $0.05/ea.
Double-sided Copies 8 x 11 $0.10/ea.
$1.90/ea.
$3.30/ea.
$5.50/ea.
$6.00/ea.
$10.90/ea.
$17.50/ea.
11 x 17 $0.15/ea.
Documents — Color
Single-sided Copies 8 x 11 $0.50/ea. 11 x 17 $1.00/ea.
Double-sided Copies 8 x 11 $1.00/ea.
Spiral Comb $2.65/ea.
3 Ring Binder Dependent on size
Special Copy Center Projects (Labor) $45.00/hr.
SURVEY EQUIPMENT
Survey Equip. to support field crew $70.00/day
GPS Equipment 2 Units $60.00/hour $350.00/day
GPS Equipment 3 Units $80.00/hour $450.00/day
Other expenses such as rental equipment, photography, transportation, rental vehides, shipping, outside computer services, lodging, meals, other
reproduction, express mail, courier/delivery service, special supplies, are charged at cost plus a carrying and handling charge of 10%.
Communication Charge - including but not limited to long distance telephone and fax, charged at 1% of labor billing charges.
CAD Usage Charge — charged at 3% of labor billing charges.
2012 Fees (03/06/12)
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Finance
ACM: Jon Fortune �
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to
execute a Professional Services Agreement with Sawko & Burroughs, LLP, for Professional
Services related to collection of delinquent taxes on behalf of the City of Denton; and
establishing an effective date.
BACKGROUND
The City of Denton entered into a contract for delinquent tax collection services with the law
firm of Sawko and Burroughs, L.L.P, on November 4, 2008. The original contract stipulated an
initial term beginning December 1, 2008, and ending June 30, 2011. The contract also allowed
for two additional one-year extensions to June 2013.
On May 3, 2011, the City Council approved a one-year extension to the contract with Sawlco and
Burroughs which expired on June 30, 2012. In order to provide the City Council with an
opportunity to review contract options, however, the agreement has been extended on a month-
to-month basis in accordance with the current contract.
According to the contract, collections are required to be at least 60% of current year
delinquencies, and 30% of all prior year delinquent amounts. Sawlco and Burroughs, LLP, has
provided a summary of their performance which indicates they have complied with these
requirements. In addition, the collection performance of the firm has also been verified
independently by City staf£ Consequently, staff is of the opinion that the firm has complied with
our performance requirements.
PRIOR ACTION/REVIEW (Council, Boards, Commission)
On November 8, 2008, the City of Denton entered into a contract with Sawlco and Burroughs,
LLP, for delinquent tax collection services.
On May 3, 2011, the City Council adopted Ordinance 2011-074 approving a one-year contract
extension with Sawlco and Burroughs, LLP.
On July 13, 2012, the City Council received an Informal Staff Report regarding the expiration of
the one-year extension to the tax collection services contract and staff's recommendation to
continue using the services of Sawlco and Burroughs through June 30, 2013.
Agenda Information Sheet
ALIgLISt %, ZOIZ
Page 2
RECOMMENDATION
Due to the firm's continued satisfactory performance, staff is recommending that the contract
with Sawlco and Burroughs, LLP, be extended until June 30, 2013.
EXHIBITS
Ordinance
Respectfully Submitted By:
� _,
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Bryan Langley
CFO and Director of Strategic Services
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
SAWKO & BURROUGHS, LLP, FOR PROFESSIONAL SERVICES RELATED TO
COLLECTION OF DELINQUENT TAXES ON BEHALF OF THE CITY OF DENTON;
AND ESTABLISHING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The City Manager is hereby authorized to execute a Professional
Services Agreement with Sawlco & Burroughs, LLP, in substantially the form attached and
incorporated herein by reference,
SECTION 2: This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 2012.
MARK A. BURROUGHS, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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s:\our documents\ordinances\I2\delinquent tax collection ordinance.doc
CONTRACT FOR THE COLLECTION OF
DELINQUENT PROPERTY TAXES
THE STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT is rnade and entered into by and between the City of Denton, 215 East
McKinney, Denton, Texas 76201 (hereinafter, "CITY"), acting herein by and through its governing
body, and the Law Firm of Sawlco & Bunoughs, PC, 1172 Bent Oalcs Drive, Denton, Texas 76210
(hereinafter, "FIRM").
1. EMPLOYMENT OF FIRM
CITY agrees to employ, and does hereby employ, FIRM as an independent contractor.
FIRM hereby agrees to enforce, by suit or otherwise, the collection of all delinquent taxes, penalties,
and interest owing to CITY. All references herein to CITY shall also incorporate reference to
CITY's contract with Denton County, Texas to collect taxes.
A. FIRM shall initiate collection on current and prior year delinquencies as of July l, 2008,
and shall initiate collection on subsequent delinquencies as of each subsequent July 1 St anniversary.
B. With respect to delinquent personal property taxes only, FIRM shall have the option to
initiate collection on March lst of the year in which they become delinquent; however, CITY shall
not owe FIRM a fee on current year delinquent personal property taxes collected between March lst
and June 30�', unless attoi�ney fees are collected pursuant to Tex. Prop. Tax Code §33.48.
C, � FIRM shall perform all those seivices set forth in CITY's Request for Proposals ("RFP")
dated August 19, 2008 and FIRM's response to the RFP dated September 10, 2008, which are on
file in the office of the Puxchasing Agent and made a part hereof, as if written word for word herein
and as further set foi�th in a contract between CITY and FIRM dated November 4, 2008, and in an
extension to said contract dated May 3, 2011.
D. The terms of this Contract control over the terms and conditions of the attached exhibits,
in the event of a conflict.
FIRM hereby agrees to perform these services with diligence and in accordance with the
highest professional standards customarily associated with such services in the State of Texas.
2. PROVISION OF INFORMATION
CITY agrees to furnish its delinquent t� information to FIRM on all property within the
boundaries of CITY, including name, identity, location of necessary parties, and property
descriptions.
Page 1
3. INVES'I'IGATI(�N AIi�i? ASSISTANCE
FIRM agrees to itivestigafe the address of each taxpayer, and the location of the propei�ty,
where suol�. information may be incairect on the delinquent t� record. FIRM shall brin� to the
attentioii of the appropi•iata tax ofFicial of CITY any errors, double assessments, discrepancies, or
inaccuracies detected by FIRM in the delinquent tax z•ecord. FIRM fizrther agrees to provide CITY
any adviee or assista�ice in updating the tax rolls.
4. COLLECTIOIV
Upon initial receipt o£ coxr�puter readable delinquent t� records, FIRM agrees to initiate
collection of the full amount due fiom each taxpayer. Within a reasonable time frarne, but not more
than 60 days from k'IRM's receipt of the delinquei�t tax records, FIRM hereby agrees to send, by
first class mail, a notice of delinquancy to eac�� and every delinquent taxpayer, requesting said
t�payer to remit the full amoui�t due and awing to CITY, except in cases where Yhe taxes have been
defen•ed or x��ade the basis of a lawsuit against the Denton County Appraisal District to detet�nine
value.
S. REVIEW AND AUTIEIORIZATI�N TO SUE
Following transinittal of the notice of delinquency as specified above, FIRM wzll
ag�'essively pursue collection, iii auticipation of litigation, CITY sh��ll liave absolute discretion
over the decision to file suit. T�•ansmittal of the delinquent tax infoa•mation from CITY to FIRM
shall constitute authorizatiori to file suit, following the mailing of the initial notice of delinquency.
Upon written notice, CITY may, at any time, withdraw authorization to file suit. CITY may at any
tirne withdraw authoi7zation to %i-eclose and sell the property, and said withdrawal shall be in
writing.
6. LITIGATION RESP�NSIBIL,ITIES
A. FIRM agrees to coznmence litigation, prosecnte, and reduce to judgment all deliziquent
aceounts, including all pending lawsuiYs that FIRM deems to warrant, or upon which CITY has
specifically requested action in writing. Each suit filed shall seek: personal judgrnetit against the
individual taxpayer for all taxes upon which the taxpayer can be held persanally iiable; penalty and
interest; foreclosure of any tax lien which naay exist by operation of law; any and all caurt costs
incun•ed in prosecuting the lawsuit; ax�d any collection fees or attorney fees which the taxpayer is
obligated to pay. FIRM shall pez-fozm litigation responsibilities and protect CITY's le�al ren�edies,
including appeals, prepaxation af any documents 1•eqtrired, post jud�m�ent activities, and any other
actions necessary in order to collect the delinc�uent taxes.
B. FIRM wil] assume the representation of CIT� in all lawsuits, including all �endzng
lawsuits, involving tlie collection of delinquent taxes and enforceznent of tax liens, ineluding, but
not limited to bankru�tcy litigation, claims, and actions required to be filed with federal agencies
such as FDIC, FSLIC and RTC, inteiventions in suits filed on behalf of any othez• taxing units'
cuz�rent suits, azld any other suit or litigation wk�ich may involve or relate to the collection of
delinquent taxes. FIRM will inform CITY of any coui�terclaims or cross-actions filed against
CITY.
Page 2
C. Upon request, FIRM agrees to provide legal advice and assistance to CITY in the
acquisition of property for public purpose use, pursuant to the Property Tax Code.
'7. T.AXPAY]ER SERVICES
In addition to litigation, FIRM further agrees to provide ta�cpayer service without charge. As
such, FIRM agrees: (1) to provide CITY legal advice and written opinions regarding tax matter•s
upon request; (2) to respoz�d to taxpayer inquiries and to advise CITY, in writia�g; and (3) z�nalce ai�y
recommendations concerning installn�ent payment agreements and settlement agreements proposed
by the taxpayer. CITY sl�all hat�e final detenninatian in acceptance of all instaliment payments or
settlexnent agreements within parameters established by CITY. FIRM shall liave discretian to enter
into installment agreements, subject to CITY's prerogative oi final deteimination. In all demand
letters and all communieati�ns with taacpayers, FIRM shall inform an.d insnuct the taxpayer to remit
paytnent to CITY. If remittance is received by F�RM, it znust be h•ansmitted ixi its entirety to CITY
and received for processing by 11:30 a.m,, the following business day. Checks made payable to
FIRM shall be endnrsed by FIRM to CITY. No check, cash, ar money arder for payinent of
delinquent taxes sha11 be deposited in any FIIZM account.
8. PROGRESS REPORTS
FIRM agrees to make dclinquent tax collection progress reports to CITY inonthly and
quarterly, in a format containing infornlation requested by CITY's Director of Finance, Progress
reports tnay inelude, without lirniiation:
a. Number and type of coimuunication with delinquent taxpayers;
b. Sun�mary of all delinc�uent accounts colleeted;
c. Number of suits filed;
d. Detailed list of suits filed;
e. Number of judgments rendared;
f, Detazled list of judgments rendered;
g. Numbar oiwarrants zssued/servecl;
h. Detailed list of bankruptcies and status of those properties;
i, Nunnber oiproperties submitted to courts for auction;
j. Detailed list of praperties subznztted to courts for auction, with date submitted and
most recent status;
k. Number of properties so1d; and
1. Detailed list o�properties sold or reverting to taxing entity because of non-sale.
Within parameters established at the initiation of the collection pro�am, FIRM shall advise
CITY of any case in which FIRM's iz�vestigation has revealed that the taxpayer cannot be found, the
enforcenient of the ta�c lien ca�uiot be accoin�lished, or fui�ther attempts at tax collection would be
futile, and shall provide FIRM's recommendation regarding the proper disposition of the case. I�i
such eases, CITY shall advise FIRM as to the appropriate disposition of the aceount,
Page 3
9. COIYIPENSATION
A. As cotllpez�sation for the seivices rendered hereunder by PIRM, CITY hereby agrees that
FIRM may Y•etain 20% o�'the total aniount oi all dalinquent t�es, penalties, and interest for the taac
years covered by this Con�•act, as authorized by Tex. Pz•op. Tax Code �6.30(c). Said 20% shall
constitute an additional penalty, to defray costs of collection as set foi�th in Tex. Prop. Tax Code
§33.07. All compensation set foi�th above shall becozne the pzoperty of FIR.M at the time paytnent
of taxes, penalties, and interest are received by CITY. The 20% collection fee will only be retained
on taxes whick� remain delinquent after July 1s` of the year on which they became delinquent,
pursuant to T�x. Prop. Tax Coda �33.07, FIRM shall not be entitled to the aforesaid 20% unless
and until �'IRM has taken some action in cozu�ection witli recavering de�inqueiit taxes, The
transmittal of a notice of delinquency shall constitute sufficient action in order to entikle FIRM to
the aforetnentioned fee. As compensation for the sez�vxces rendered hereunder by FIRM for the
collection o;F taxes which a�•e not eligible for the additional penalty authorized by Tex. Prop. Tax
Code §33.07, and upon which suit has been filed, the compensation sk�all be reasonable attoriley
fees approved by the court, not exceeding 15% of the total amount of taxes, penalties, and interest
due CITY. In no event shall FIRM be ez�titled to any fee, unless and until CITY actually colleets
the delinquent t�es, penalties, interest, coui-t costs, collection costs, or attorney fees from the
ta�cpayer, or fi•om the proceeds of a forced sale oz• foreclosure. In no event shall FIRM be entitled to
any fee, unless said fee is collected by CITY during the term of this Contract, or fee is collected by
CITY nn accounts u�on which FIRM is attorney of record at the time of judgment. No intez�est shall
accrue on any late payment.
B, Th� compensation set forth in paragraphs 9, 10, and 13 of this Contract shall be the total
compensatzon due ta FIRM for all services provided �ursuant to tliis Contract, and in. no event shall
FIRM seek any additional conlpensation fiom CIT�,
10. COLLECTI�N OF OTHER I?ELINQUENT ACCOUNTS
FIRM shall, upon written request of City, uz�dertake the collection of delinquent accounts
%r paving assessment lzez�s, substanda��d housing detx�alition liens, and weed lzens. The collection
af these accounts shall be undertaken on the basis of attarney fees assessed to and collected from the
debtors. CITY a� ees to pay FIRM, as compensation, all amounts received as attorney fees on
delinquent accounts for paving assessment liens, substandard housing demolitioi� liens, and weed
liens which are collected as a result of FIRM's collection e�'�orts during tlle term of this Contract.
11. CONFLICTS �J�' INTEREST
FIRM agrees not to represent any client who ��.as an adversaiial position with the City of
Denton or engage in any canflict of interest, and agrees to cotnply fully with the Texas Disciplinary
Rules of Professiot�al Conduct (Subtit�e G- Texas Government Code) for the duration of this
Contract.
12. TERM
This Contract shall begin an July 1, 2412, a�zd end orY June 30, 2013. At the conclusion of
tl�e said tei7n, this Contract shall continue in fiill force and effect frozn z��onth to lnonth at the option
Page 4
of CITY, unless either party delivers wi7tten notice to the otl�er party of its ultei�t to termixiate this
Contract at least 30 days prior to the date of tlze intended termination. FiRM shall have an
addition�l six months to redt�ce to judgment and sale all tax collection lawsuits filed and cnllect a�l
bankruptcy claims filed prior to the termination dat�, and shall �aave the exclusive right to
compensatiion of fees ea�ned due to these suits during this six manth period. CITY shall have the
right to sooncr terniinate tliis Conh•aet by giving 30 days' w��itten notiee of such intantion, or in the
event of any of th.e events talcing place under Sectioi� 33 "Termination of Agreement" af this
Contract, In ease of sueh teimination, FIRM shall be entitled to z•eceive and retain all compensation
due up to the date of saict terminatian, Upan tet�rnination, FIRM shall immediately deliver all files
in their entirety to CITY at no cost to CITY.
13. ATTORIVEY FEES
In eminent domain and other judicial proceedings, FIRM will be entitled to only fihose
attorney fees awarded by the courh, azid then o��ly if collected by CITY. In bankn�ptcy proeeedings,
FIRM shall be entitled to a fee of 20% of the tax, penalties, and inte�•est actually collected by CITY.
�IRM agrees to file and diliger�t�y pursue all property tax claims on behalf of CITY in baz�la�rptcy,
ezninent domaain, and other judicial or adminisn•ative proceedings, whether federal or state in nah�re.
14. TAX WAF:RANTS
Upon rec�uest and authoiization of CITY, FIRM shall prepa�'e and pursue the issua�ice of ta�c
warrants. FIRM shall then coordinate the seizure of personal �raperry, pursuailt to warrant. FIRM
shall accompany the T� Collector to the location of tlxe personal property which is to be seized to
insure that all necessary procedures have been followed.
15. SETTI,ElYIENTS
No settlernents or comprolnises of taxes, penalties, or inte�est sha11 be effected where
prohibited by law, and only upon approval by CITY where authorized by law. If a taxpayer
requested waiver is upheld as provided by Tex, Pi•op, Tax Code §33.011, FIRM will bear the costs
of suit if it failed to notify the taxpayez- ofthe delinquency prior to filing of tl�e suit.
16. NC�TICE
Any notice or othez writt�n instrument required or pei7nitted to be delivered pursuant to the
terms of this Contract shall be deemeci to have been delivered, �hether actually received ox not,
when deposited in the United States mail, postage prepaid, registered or certified, return receipt
requested, addressed to CITY or FIRM, as the case may be, at the following addresses;
CITY
City of Denton, Texas
ATTN: Director of Finance
215 East McKinney
Denton, Texas 76201
Pnge 5
_�
Sawko & Bur�•oughs, PC
ATTN: Gregory Sawko
� 172 Bent Oaks Drive
Denton, Texas 7G210
Either pa��ty may change its mailing address by sending notice of ck�ange o� address to the
other at the above address by ceitified mail, return receipt requested.
17. COLLECTION REQUIREMENTS
FIRM agrees to collect, between July 1, 2012 and June 30, 2013, i�ot less than 60% of the
total dollar value of the adjusted base tax of the 2011 d�linquency existing on Ju1y l, 2012, and
not less than 30% of the aggregate delinquent tax roll for the prior yeai�.
18. VENUE
The terms, obligations, and requiremenfis of this Conhact shall be construed in accoi•dance
with the laws of the State of Texas, The obligations and z•equire�llents of the parties hereto are
parformable in Denton County, Texas. Any litigation involving this Cont�•act shall be tried in a
court of conlpetent jurisdiction sitting in Denton County, Texas.
19. ACCEPTANCE OF EMPLOYMENT
In consideration of the tei�nzs, covenatits, and mutual agreements hereinabave stated, FIRM
heraby accepts the employment of CITY, and undertakes the performance of this Contract as above
stated,
20. DIRECTTVES
All directives between FIRM and CITY shall be confiitined in wt7ting.
21. COVENANT NOT TO SUE
FIRM fui�ther a�rees not ko bring any cause of action against CITY relative to this Contract.
Should FIRM bt7ng any eause of action against CITY, FIRM agrees the liquidated damages shall
not exceed $1.00, and the filing of such cause of action shall be cozlsidered a material breach of this
Contract.
22. AMBIGUITY
Any a�nbiguity within this Contract shall be liberally interpreted in favor of CITY.
23. ASSIGNIVIENT
The rigl�ts and responsibilzties of CTTY under this Contract may be assigned by the City
Council to another governmental urzit in Denton County without approval of FIRM, It is
understood and a�reed that this is a professional services contract, ax�.d CITY is contracting For the
unique services of FIRM. FIRM's rights and responsibilities under this Conn•act may �.at be
assigned by FIRM to anot��er law finn or coll�ction agency without written approval of the
assignment by the City Council.
Page G
24, INDEMNITY AGRE�MENT
FIRM shall indemnify, save, and hold harmlass CITY and its officers, agents, a�1d
employees frorn and against any and all liability, claims, deman.ds, damages, losses, and expenses,
including, but not limited to coui�t costs and reasonable attorr►ey fees incun�ed by CTTY, and
including, without limitation, darrzages for bodily and personal injury, death and property daznage,
resulting from the negligent acts or omissions of FIRM nr its offic�rs, shareholders, agents, or
employees in tlie execution, operation, or perfonnance ofthis Conh•act,
Nothing in this Contract shall Ue consttued to create a liability to any person wk�o is not a
party to this Contract. Nothing hez�ein sha11 waive any of the parties' defenses, both at law or equity,
to at�y clain�, cause of action, or litigation filed by anyoz�e not a party to this Contract, includuig t11e
de%nse of govertunental imrnuruty, which defenses are hereby expressly reseived.
25. AUDrTS
CITY shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. F�RM sk�al� retain such boalcs, records, documents
and other evidence pertaining to this agreement during the contract period and five years
thereafter, except if an audit is in progress oi� �udit findings are yet unresolved, in which case
records shall be kept until all audit tasks are completed and resolved. These books, records,
docurnents and other evidence shall be available, within 10 business days of written request.
Further, FIRM shall also require all Subcontractors, material supplzers, and other payees ta
i�etain all boo�s, records, documents and other evidez�ce pertaining to this agreement, and to
allaw CITY szmilar access to those documents. All books and records will be znade available
within a 50 mile radius of fihe City of Denton. The cost of the audit will be borne by CITY
unless the audit reveals az� overpayment of 1% or greater, Tf an overpayment of 1% or greater
occurs, the z•easonable cost of the audit, including any travel costs, must be borne by FIRM
which must be payable within five business days of receipt of an invoice.
Failure to connpl� with the provisions of this section shall be a material breach of this contract
and shall col�stitute, in CITY's sole discretion, grounds far termination thereof. Each of the
terms "books", "records", "dacuments" and "other evidence", as used above, shall be
construed to inc�ude drafts and electronic files, even if such drafts oz• electronic files are
subsequently used to generate oi� prepare a final prin.ted document.
26. INSU�tANCE
During the performance of tha serviees under this Contract, FIRM shall �naintain the
fallowing types af insurance, zneetin� tlle miniznum dollar requiremezits stated below, with an
insurance company licensed ta do business in the State of Texas by the State �nsivance Commission
(or its successar•), havin� a Best Rate Carriers rating af A- ar above:
Professional lzabzlzty insura��ce with limits of nat less than $100,000.00 per occurrence and
$300,000 annual aggregate.
Pa�z �
Automobile and Coznprehensive General Liability insurance witli bodily injury lin�its of
nofi less thail $1,000,000 for each person and aggregate of $2,000,000.00 and with
pz•operty damage limits of not less than $50,000 per accident
FIRM shall furnish insurance certificates o�• insurance policies at CITY's request to
evidence such coverages. Tl�e Automobile and General Liability insurance polieies shall narne
CITY as an additio�al insured, to the �xtent legally possible. All such policies o f insurance s�iall
not be canceled or modified without 30 days pzior written iiotice tn CITY and FIRM, In sueh
event, FIRM shall, prior ta the ef�'ective date of the claarzge oz• ear�cellation, serve substitute
policies furnishing the sarne eoverage.
27. AR.BITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may a,gree to settle any disputes under this Contract by submitting the dispute to
arbitration ox other means �f alternate dispute resolution, sueh as mediation. No arbih•ation or
altexnate dispute resolution arising out of o� ralating to this Contract, involving one pa��ty's
disagreement, may inelude the other pariy to the disagreement without the othex's appz•oval.
28. ENTIRE AGREEMEN7C
This Contract, consisting of 11 pages, constitutes tl�e com�lete and final expression of the
agreement of the parties, and is intended as a complete and exclusive statement of the terms of their
a�•eements. This Contract supetsedes all prior contemporaneous offers, promises, repzesentations,
negotiations, discussions, cominunications, and agreements wh�ch may have been made in
cannection with the subject matter hereof.
29. C�3MPLIANCE WITFi LAWS
FIRM shall comply with all federal, state, and ]ocal laws, rules, re�ulations, and or•dinances
applicable to the worlc covered hercunder as they may now read or hereinafter be amended.
30. DISCRTMINATION PROHIBITED
In performing the services required hereunder, FIRM shall not discrirninate against a�iy
person on the basis of race, color, religioi�, sex, national origin or anceshy, age, or physical
handicap.
31. PERSONNEL ANll E(�UIPMENT
A. FIRM represezxts that it has or will secure, at its own expense, all personnel xequired ta
perfoixn all the seivices required iulder tl�is Contract. Such parsonnel shall not be
employees or officers of; or have any contractual relations with, CITY. PIRM shall infortn
CITY of auy conflict of interest or potential conflict of ii�terast that may arise during the
term of this Contract.
Page 8
B. All services required hereunder will be performed by FIRM, or under its supervision, All
personnel enga�ed in work slxall be qualified, and shall be authorized and per-�nitted under
state and local laws to perforn� such seivices,
C. FIRM represents that it has or vvill secut•e, at its own expense, tl�.e hardware, software, and
other resources required to perform, all the seivices required under khe ter�ns of this cont�•aci
in a titnely manner.
32. ASSIGNABTLITY
FIRM shall not assx�n any interest in this Contract, and shall not t�ansfer any interest in this
Contract (whether by assigunent, novation, or otheitivise) without the pz•ior written consent of
CITY.
33. TERMINATION OF AGR�EMENT
A. Notwithstanding any othez• pravision of this Contract, either pai�ty :may telminate by giving
30 days advance written notice to the other pal�ty.
B. T11is Contract may be terminated, in whole or in part, ir
siibstantially failing to ful£tIl its obligations under this Contract.
effective unless tlle other party is given: (1) wzitten notice,
return receipt requested, of intent to ter�ninate, setting foi�th
nonperformance, and givin� the othet• party not less tha�i 3�
failure; and (2) an opportunity for consultation with the
teimination.
the event of either party
Na such teiniination will be
delivered by certified mail,
the reasons, specifying the
catendar days to cure the
teiminating p�-ty pi-ior to
C, If the Contract is tei�nlinated prior to completion of the seivices to be provided hereundez•,
FIRM shall immediately cease all services and sha11 render a final bill for services to CITY
within 30 days after the date of tennination. CITY sl�all pay PIRM for all services pz•operly
rendered and satisfactorily performed, and foz• reinibuxsable expenses to terminatzon
incurred prior to the date of ternlination, in accordance with Ax�ticle 9"Compensatioxi".
Should CITY subsequently contxact with a new consultant for the continuation of services
outlined in this Cantract, FIRM shall cooperate in providing information. FIRM shall tuni
over all docurn:en;ts pi•epa��ed or :Furnished by FIRM, ptusuant to this Contract, to CITY on or
before the date of tezmination, but may rnaintain copies of such documents for its use.
34. MODIFICATION
No waiver or tnadification of this C.ontract, or of any covenant, condition, or limitation
herein contained shall be valid, unless in writing and duly executed by the party to be charged
therewith. No evidence of any waiver or modificakion shall be offered ar t�eceived in evidence in
any �roceeding arising between the parties hereto, out of, or affecting this Contract, or the i7ghts or
obligations of the paz�ties hex�eunder, unless sueh waivex or znodifieation is in writing and duly
executed, The parkies further agree that the provisions of this section will not be waived uzlless as
herein set forth.
Page 9
35. INDEPENDENT C�NTRACTOR
PIRM shall provide setvices to CITY as an independent conh•actor, not as an employee of
CITY. FIRM shall not hava or claim any i7ght arising from employee status,
36. MISCELLANEOUS
A.. FIRM agrees that CITY shall, until tlie expiration of three years aftar the final pa5nnent
under this Contract, have access to and the right to examine any directly pertinent books,
documents, papecs, and records of FTRM involving transactions relating to this Contraet.
FIRM agrees that CITY shal� have access, during nornaal working hours, to all necessary
FIRM facilitias, and sh�ll be provided adequate and appropriate working space in order to
conduet audits i�� com�liance with this seetion. CITY sha11 give FIRM reasonable advance
notice of intended audits.
B. For the purpose of this Contract, the key persan who will perfoixn most of this work
hereunder shall be Gregozy Sawlco. However, nothing herein shall liinit FZRM fioz�a using
other qualified and competer�t membel•s of its firn� to pe�-form the setvices required herein.
C. PIRM shall commence, car�y an, at�d coiixplete any and all projeets with all applicable
dispatch, in a sound, econoinical, efficient inanner, and in accordance with the provisions
hereo� In accomplishin� the services hereunder, FIRM shall take such steps as are
appropriate to ensure that the work involved is pro�erly coordinated witli related work being
carried on by CITY.
D. CITY shall assist �`iRM by placing at FIRM's disposal all available infoi�nation pertinent to
the services outlined in this Contract, including �revious reports and any other data relative
to the services outlined in this Contract, and arranging for the access thereto. CITY shall
znake all provisions for FIRM to enter in or upon public and private property as required �or
FIRM to pez•form seivices under this Contf�act,
37. TIME OF TI�E ESSENCE
Tixi�e is of the essence with respect to all matters covered by this Connact.
38, CAPTTONS
The captioz�s appea��ing at the first of each numbered section are inserted and included solely
for convenience, and shall never be considered or given aziy effect in construing this Contract.
This Contract is executed on behalf of CITY by the �residing officer of its governing body
who is authorized to execute this iusttwnent by order heretofore passed azYd duly z•ecorded in its
minutes and by a partner of FIRM who, by execution of this Contract, represents and warrants that
he or she has the authority to execute this docuinent on behalf of F�RM.
�a�t � o
WITNESS the signature of all parties hereto in t;riplicate originals this the day af
, 2012, Denton County, Texas.
CITY OF DENTON, TEXAS
GEORGE C, CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPRCJVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� _.
��
�,,.� �—.-_ � �.-°' �,� �
BY� ��- ��-- ,.� ,,�� �
�
s;\legal\our docwnenis\contncts1121sawko & burroug0s tax collection contraoLdoo
Pnge 1 I
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
ALIgLISt %, ZOIZ
Materials Management
Jon Fortune �
Questions concerning this
acquisition may be directed
to Elton Brocic 349-7133
Consider adoption of an ordinance accepting competitive bids and awarding a Four Year contract
for the purchase of Electric Polyvinyl Chloride (PVC) Conduit, Fittings and Accessories for
Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4976-Four Year Contract for Electric PVC Conduit, Fittings and Accessories
awarded to the overall lowest responsible bidder meeting specification Techline, Inc. for an
annual estimated expenditure of $165,000 and a four year estimated total of $660,000).
BID INFORMATION
This bid is for a four year contract to supply PVC electrical conduit, fittings and accessories for
Denton Municipal Electric. These items are carried in the Warehouse Worlcing Capital inventory.
Standard City of Denton purchasing procedures were used. Bid pacicets were posted on the
internet and emailed to 263 prospective bidders. Four bids were received with Techline, Inc.
submitting the overall lowest responsible bid that meets specifications. Bids were emailed to two
local firms, but no bids were received.
RECOMMENDATION
Award to the lowest responsible bidder, Techline Inc, in the annual estimated amount of
$165,000 for a four year estimated total of $660,000.
PRINCIPAL PLACE OF BUSINESS
Techline, Inc.
Ft. Worth, Texas
ESTIMATED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of four years from the date of award and may
be extended for additional one-year periods if agreed to by both parties with all pricing, terms
and conditions remaining the same.
Agenda Information Sheet
ALIgLISt %, ZOIZ
Page 2
FISCAL INFORMATION
The items in this bid will be funded out of the Warehouse Worlcing Capital account and charged
back to the using department.
EXHIBITS
Exhibit 1: Tabulation Sheet
Respectfully submitted:
���:�
��
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
i azs-B�a a��6
Exhibit 1
IFB # 4976
Opening Date: 7/3/12
Description: 4 Year Contract for Supply of Electric PVC Conduit, Fittings & Accessories
EST.
ITED�I# ANNLJAL UOD�I Product Description Vendor Vendor Vendor Vendor
T�'
Techline, Inc. HD Snpply� Irbti� Resel
Principal Place of Business Fort R'orth, T� Corinth, T� Fort R'orth, T� Can�ollton, T�
Yrice; li( )1�I
SECTION A- ADAPTERS
i �so E.�, �I),�PTER, P�'C �L�LE 2.S' SCH40
_ 10 E.�, �I),�PTER, P�'C FE�L�LE 4" SCH40
3 15 E.�, �I),�PTER, P�'C FE�L�LE C," SCH40
4 4n E.�, �I),�PTER, P�'C �L�LE C," SCH40 +
- 4n E.�, �I),�PTER, P�'C �L�LE 4" SCH 40 +
r, r,o E.�, �I),�PTER, P�'C. �L�LE 2�� SCH 40+
SECTION B- CONDUIT
- zso JT CONDUIT, P�'C SCH 4Q 1"_�10' +
s 1,_soo JT CONDUIT, P�'C SCH 4Q 2"_�20' +
� 1,00o JT CONDiJIT,P�'C SCH 40,2 1�2"_�10'+
10 3,o rT CONL)L?IT,P�'C SCH40,2 1 2 �; 2p�+
11 1,10o JT CONDUIT, P�'C SCH 4Q 4"_� 20'+
1z 1,00o JT CONDUIT, P�'C SCH 40 6"_�20' +
13 15 Jr CONDUIT, P��C SCH 8Q 2"_�10' +
14 �so rT CONL)L?IT,P�'C SCH80,2 1 2��� 10'+
15 _ Jr CONDUIT, P��C SCH 8Q 4"_� 10'+
SECTION G COUPLINGS AND COLLARS
1r, 10o E.�, COL?PLING,COLL,�RP`'C1"SCH-40+
1` 4`5 E.�, COL?PLING, COLL,�R P`'(' 2" TC-C, +
1s 3r,o E.�, COL?PLING,COLL,�RP`'('212" +
1� 35o E.�, COL?PLING, COLL,�R P`'C 4" TC-C, +
'_o '_ao E.�, COL?PLING, COLL,�R P`'C C," TC-C, +
z1 _ E; COUPLING,SPLIT SLEE��E 2"_�6"
__ _ E ; COUPLING,SPLIT SLEE��E 2.S'_�7"
z3 _ E; COUPLING, SPLIT SLEE��E 4"_�8"
z4 _ E; COUPLING, SPLIT SLEE��E 6"_�10"
-- -o E.�, COLL,�R SLIP COL?PLING P�'C 4"+
�r, -.- E.�, COLL,�R SLIP COL?PLING P�'C C,"+
SECTION D - ROLL DUCT
_- 14,00o rz DUCT, 2" SDR-1>.5, GRAY (2500';R;)
zs 1,40o Fr DUCT 2 1�2" SDR-1>.5, GRAY (1000';RL)
�� r,.rioo F'[ DUCT, 4" SDR-1;.5, GR,�I" (C,25' RL)
30 4,00o Fr DUCT, 6", SDR-1>.5, GRAY (500';REEL)
0.73
4.37
1_84
0.43
2.03
8.09
6.50
13.00
23.16
a1.00
19.72
0.89
3.09
5.60
6.63
12.97
13.33
0.80
4.73
2_00
0.47
2.23
9.03
7.64
9.03
26.00
a�.�o
19.89
0.57
6.65
16.62
11.82
13.75
20.70
6.is � S zo.sa
0.67 NB
1.05 NB
2.56 NB
5.43 NB
0.78
4.63
1_96
0.46
2.98
8.13
6.54
13.07
23.29
ai.zz
26.90
0.96
3.35
6.08
NB
NB
NB
0.868
5.163
2.182
0.510
13.687
9.506
8.166
32.664
27.375
51.370
21.093
0.625
17.089
42.628
23.390
20.515
28.266
6J0 � $ 53.444
NB $ 0.7790
NB $ 1.2210
NB $ 2.9680
NB S 6.2950
Exhibit 1
IFB # 4976
Opening Date: 7/3/12
Description: 4 Year Contract for Supply of Electric PVC Conduit, Fittings & Accessories
EST.
ITED�I# ANNLJAL UOD�I Product Description Vendor Vendor Vendor Vendor
T�'
Techline, Inc. HD Snpply� Irbti� Resel
SECTION E- SPLIT DUCT
31 3 JT DUCT, SPLIT 2"_�10' , SCHAO $ 25.82 $ 51J2 NB $ 82.097
32 3 JT DUCT, SPLIT 2.J"?�10' SCH 40 $ 32.90 NB NB $ 104.615
33 3 JT DUCT, SPLIT - 4"_� 10' SCH 40 $ 61.85 $ 87.19 NB $ 196.633
34 3 JT DUCT, SPLIT 6"?�10' SCH 40 $ 107.83 $ 181.36 NB $ 342.844
SECTION F - ELBOWS
3? -o E 1 ELBO�', P�'C 1" � 90 SCH 40 + $ 0.48 $ 0.69 $ 0.57 $ 0.496
36 90 Er1 ELBO�', P�'C 2"?� 4J SCH 40 + $ 0.99 $ 1.57 $ 1.06 $ 1.230
3� Lo Er1 ELBO�',P�'C2"?�90SCH40 + $ 1.31 $ 1.57 $ 1A2 $ 1.299
3s _,` Er1 ELBO�',P�'C2"?�90?�>6"SCH40+ $ 5.22 $ 11.65 $ 5.60 $ 7.452
39 __ Er1 ELBOR', P�'C 2 li2"?� 4J SCH 40+ $ 3.67 $ 3.22 $ 3.89 $ 2.389
40 4?o Er1 ELBOR', P�'C 2 li2"?� 90 SCH 40+ $ 4.14 $ 3.05 $ 4.39 $ 2.268
41 20o Er1 ELBOR',P�'C21i2"?�90?�>6"SCH40 $ 7.23 $ 18.11 $ 7JO $ 11.542
42 So Er1 ELBOR', P�'C 4"?� 22 li2 SCH 40+ $ 6.55 $ 11.94 $ 6.94 $ 16.081
43 90 Er1 ELBO�', P�'C 4"?� 4J SCH 40 + $ 7.07 $ 8.80 $ 7.50 $ 6.633
44 3? Er1 ELBO�', P�'C 4"?� 90 SCH 40 + $ 8.69 $ 8.80 $ 9.22 $ 6.881
45 26o Er1 ELBO�',P�'C4"?�90?�>6"SCH40+ $ 10.89 $ 34J2 $ 11.69 $ 19.316
46 110 Er1 ELBOR',P�'C6"?�221i2?�>6"+ $ 14.14 $ 30.50 $ Sl.11 $ 31.335
4� L o Er1 ELBO�', P�'C, 6" ?� 90 SCH 40 + $ 27.13 $ 29.41 $ 29.10 $ 20.513
4s 10o Er1 ELBO�',P�'C 6"?� 4J SCH 40 + $ 18.27 $ 24J3 $ 19.60 $ 15.531
SECTION G- PLUGS
49 So Er1 PLUG P�'C CONDLTIT 4" + $ oJ3 $ 1.11 $ 0.88 $ 3.374
50 50 Er1 PLUG P�'C CONDLTIT 6" + $ 0.94 $ 1.85 $ 1.12 $ 5.580
SECTION H-TRANSITION COUPLINGS
?1 _ Er1 P�'C TRAIVSITION COUPLING 2" + $ 7.95 NB NB $ 16.955
__ _ Er1 P�'C TRAIVSITION COUPLING2.J" + $ lo.lo NB NB $ 18.672
?3 10 Er1 P�'C TRAIVSITION COUPLING 4" + $ 13.07 NB NB $ 27.126
54 _ Er1 P�'C TRAIVSITION COUPLING 6" + $ 21.5o NB NB $ 35J35
SECTION I- SPACERS
__ 1,00o Er1 SPACER,BASECONDLTIT6"?�>" $ 1.88 $ 1.32 $ 1.16 $ 2.189
56 1,00o Er1 SPACER, CONDLTIT INTERI�4 6"?� >" $ 1.97 $ 1.32 $ 1.15 $ 2.118
Prodnct can be delicered within dati�a fi�om receipt of order. 21 14-21 �-20 >-7
Total Cost of Products (Annual) $ 167,243.05 $ 149,564.21 $ 122,960.00 $117,838.83
Addendum #1 Yea No No No
Payment Term T?iscounts
Pay�ment tenua for the ('itv of Denton are t�pically� >0 day�a. Please indicate the additional diaconnt estended to each monthl�° invoice that ia paid n ithin the hime �
period indicated below.
Ineoice Paid in 20 da�s 0.00°0 0.00°0 0.00°0 0.00°0
Ineoice Paid in 1� da�s 0.00°0 0.00°0 0.00°0 0.00°0
Incoice Paid in 10 dati�a 0.00% 0.00% 0.00% 0.00%
*Pricea ahall be bid FOB Deatinahion
*In caae of calenlahion en�or, nnit pricing ahall precail
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A FOUR YEAR
CONTRACT FOR THE PURCHASE OF ELECTRIC POLYVINYL CHLORIDE (PVC)
CONDUIT, FITTINGS AND ACCESSORIES FOR DENTON MCTNICIPAL ELECTRIC;
PROVIDING FOR THE EXPENDITLJRE OF FLJNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 4976-FOUR YEAR CONTRACT FOR ELECTRIC PVC CONDUIT,
FITTINGS AND ACCESSORIES AWARDED TO THE OVERALL LOWEST RESPONSIBLE
BIDDER MEETING SPECIFICATION TECHLINE, 1NC. FOR AN ANN[_JAL ESTIMATED
EXPENDITLJRE OF $165,000 AND A FOUR YEAR ESTIMATED TOTAL OF $660,000).
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 1. 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 items:
BID ITEM
N[_JIVIBER NO VENDOR AMOUNT
4976 1-56 Techline, Inc. Exhibit A
SECTION 2. 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 pur-
chase 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 3. Should the City and the winning bidder(s) 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 a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under Bid 4976 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2012.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
._..... �r'��.-�'---��--'`'
�
BY:
3-ORD-BID 4976
Exhibit A
IFB # 4976
Opening Date: 7/3/12
Description: 4 Year Contract for Supply of Electric PVC Conduit,
EST.
ITED3# ANNLJAL UOD3 Product Description Vendor
Principal Place of Business
SECTION A- ADAPTERS
i �so E.�, �I),�PTER, P�'C �L�LE 2.S' SCH40
_ 10 E.�, �I),�PTER, P�'C FE�L�LE 4" SCH40
3 15 E.�, �I),�PTER, P�'C FE�L�LE C," SCH40
4 4n E.�, �I),�PTER, P�'C �L�LE C," SCH40 +
- 4n E.�, �I),�PTER, P�'C �L�LE 4" SCH 40 +
r, r,o E.�, �I),�PTER, P�'C. �L�LE 2�� SCH 40+
SECTION B- CONDUIT
- zso JT CONDUIT, P�'C SCH 4Q 1"_�10' +
s 1,_soo JT CONDUIT, P�'C SCH 4Q 2"_�20' +
� 1,00o JT CONDiJIT,P�'C SCH 40,2 1�2"_�10'+
10 3,o rT CONL)L?IT,P�'C SCH40,2 1 2 �; 2p�+
11 1,10o JT CONDUIT, P�'C SCH 4Q 4"_� 20'+
1z 1,00o JT CONDUIT, P�'C SCH 40 6"_�20' +
13 15 Jr CONDUIT, P��C SCH 8Q 2"_�10' +
14 �so rT CONL)L?IT,P�'C SCH80,2 1 2��� 10'+
15 _ Jr CONDUIT, P��C SCH 8Q 4"_� 10'+
SECTION G COUPLINGS AND COLLARS
1r, 10o E.�, COL?PLING,COLL,�RP`'C1"SCH-40+
1` 4`5 E.�, COL?PLING, COLL,�R P`'(' 2" TC-C, +
1s 3r,o E.�, COL?PLING,COLL,�RP`'('212" +
1� 35o E.�, COL?PLING, COLL,�R P`'C 4" TC-C, +
'_o '_ao E.�, COL?PLING, COLL,�R P`'C C," TC-C, +
z1 _ E; COUPLING,SPLIT SLEE��E 2"_�6"
__ _ E ; COUPLING,SPLIT SLEE��E 2.S'_�7"
z3 _ E; COUPLING, SPLIT SLEE��E 4"_�8"
z4 _ E; COUPLING, SPLIT SLEE��E 6"_�10"
-- -o E.�, COLL,�R SLIP COL?PLING P�'C 4"+
�r, -.- E.�, COLL,�R SLIP COL?PLING P�'C C,"+
SECTION D - ROLL DUCT
_- 14,00o rz DUCT, 2" SDR-1>.5, GRAY (2500';R;)
zs 1,40o Fr DUCT 2 1�2" SDR-1>.5, GRAY (1000';RL)
�� r,.rioo F'[ DUCT, 4" SDR-1;.5, GR,�I" (C,25' RL)
30 4,00o Fr DUCT, 6", SDR-1>.5, GRAY (500';REEL)
Techline, Inc.
Fort R'orth, T�
j 0J3
j 1.62
j 5.18
j 4.37
j 1.84
; o.a3
2.03
8.09
6.50
13.00
23.16
a1.00
19.72
0.89
3.09
5.60
6.63
12.97
13.33
6.18
2.56
5.43
Exhibit A
IFB # 4976
Opening Date: 7/3/12
Description: 4 Year Contract for Supply of Electric PVC Conduit,
EST.
ITED3# ANNLJAL UOD3 Product Description Vendor
SECTION E- SPLIT DUCT
31 3 Jr DUCT, SPLIT 2"_�10' , SCHAO
3z 3 Jr DUCT, SPLIT 2.S' �10' SCH 40
33 3 Jr DUCT, SPLIT - 4"_� 10' SCH 40
34 3 Jr DUCT, SPLIT 6" �10' SCH 40
SECTION F - ELBOWS
3s -o E.�, ELBO�S', P`'C 1" � 90 SCH 40 +
3r, �n E.�, ELBO�S', P`'(' 2" � 4� SCH 40 +
3- 1,o E.�, ELBO�S', P`'(' 2" � 90 SCH 40 +
3s _-.- E.�, ELBO�S',P`'(' 2" � 90 �;C," SCH40+
3� _.- E.�, ELBO�S', P`'(' 2 1 2�� � 4� SCH 40+
4n 4,o E.�, ELBO�S', P`'(' 2 1 2�� � 90 SCH 40+
41 �oo E.�, ELBO�S', P`'(' 2 1 2�� � 90 �;C," SCH40
q� so E.�, ELBO�S', P`'C 4" � 22 1 2 SCH 40+
43 �n E.�, ELBO�S', P`'C 4" � 4� SCH 40 +
44 35 E.�, ELBO�S', P`'C 4" � 90 SCH 40 +
4s �r,o E.�, ELBO�S',P`'C 4" � 90 �;C," SCH40+
4r, 110 E.�, ELBO�S', P`'C C," �; 22 1 2 �; ;C," +
4- 1,o E.�, ELBO�S', P`'C, C," � 90 SCH 40 +
4s 10o E.�, ELBO�S',P`'C C," � 45 SCH 40 +
SECTION G- PLUGS
4� so E; PLUG P�'C CONDiJIT 4" +
so so E; PLUG P�'C CONDiJIT 6" +
SECTION H-TRANSITION COUPLINGS
51 _ E; P��C TRAIVSITION COUPLING 2" +
_ _ _ E ; P��C TRAIVSITION COUPLING2.S' +
s3 10 E; P�'C TRAIVSITION COUPLING 4" +
54 _ E; P��C TRAIVSITION COUPLING 6" +
SECTION I- SPACERS
__ 1,00o E; SPACER, BASE CONDiJIT 6" �>"
�r, 1 �ioo E.�, SP,�CER CONL)LIIT INTERl�i C," �; ;"
Prodnct can be delicered within dati�a fi�om receipt of order.
Total Cost of Products (Annual)
Addendum #1
Techline, Inc.
32.90
61.85
107.83
o.as
0.99
1.31
5.22
3.67
4.14
7.07
8.69
10.89
14.14
27.13
1s.z�
0.73
0.94
7.95
lo.lo
13.07
21.50
1.ss
1.97
21
167, 243.05
i e5
Pati�iuent tenua for the Citv of Denton are tppically� >0 da��a. Pleaae indicate the addihional diaconnt
estended to each montlilti� incoice that ia paid within the hime period indicated below.
Incoice Paid in 20 dati�a 0.00%
Incoice Paid in 1� dati�a 0.00%
Incoice Paid in 10 dati�a 0.00%
*Pricea ahall be bid FOB Deatinahion
*In caae of calcnlahion en�or, nnit pricing ahall precail
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
August 7, 2012 Questions concerning this
acquisition may be directed
Materials Management to Emerson Vorel at 349-7460
Jon Fortune �
Consider adoption of an ordinance accepting sealed proposals and awarding a contract for
mowing services for the City of Denton; providing for the expenditure of funds therefor; and
providing an effective date (RFP 4942—Annual Contract for Mowing Services awarded to the
best valued proposer for each section for an annual estimated expenditure of $268,982).
RFP INFORMATION
This Request for Proposals (RFP) is to provide mowing services on City of Denton properties
including parlcs, municipal buildings, medians/right of ways, lift stations, substations, cemeteries,
and fire stations.
Proposals were received from eight (8) firms on May 29, 2012. The criteria listed below were
used to evaluate and ranlc the proposals:
1. Equipment capabilities to meet the requirements of proj ects requested in the RFP
2. Completion of mowing cycles for the City of Denton per requested cycle schedule
3. Past experience in mowing for large projects with municipalities
4. Price, total cost of ownership
20%
10%
20%
50%
A committee consisting of representatives from the Parlcs and Recreation and Purchasing
departments evaluated the proposals. The committee ranlced each firm and sent the top firms a
Best and Final Offer (BAFO) request. The committee conducted a BAFO evaluation process and
for Items 1(Libraries), 4(Fire stations), 6(Electric Substations), and 7(Water Reclamation)
recommends award to the firm that demonstrated the best value to the City.
For Item 2(City Parlcs), Item 3(Medians and ROW), and Item 5(Cemeteries), the firm for these
line items with the highest evaluated score is being recommended for award, although the firm
did not submit the lowest BAFO pricing. The committee determined that the lowest submitted
pricing was not realistic with the worlc that would be required from the firm and the evaluated
score reflected this fact. The determination of best value for these firms will ensure that the vital
areas with high public utilization are maintained with the same continuity, and quality of service,
that has been previously maintained, and will continue to be expected by the citizens of Denton.
Agenda Information Sheet
ALIgLISt %, ZOIZ
Page 2
RECOMMENDATION
Approve a one year contract for mowing services with the best valued firm for each section as
shown on Exhibit 2 in the annual estimated amount of $268,982.
PRINCIPAL PLACE OF BUSINESS
TIBH Industries, Inc. M.E.T. Lawncare Firehouse 22
Austin, TX Denton, TX Denton, TX
ESTIMATED SCHEDULE OF PROJECT
The initial term of this contract is for one year. The City has the option to renew this contract for
four (4) additional one year periods.
FISCAL INFORMATION
Mowing services will be funded from Parlcs operating accounts 402130.7886 and 402140.6546,
Denton Municipal Electric Substations operating account 600400.7899.5820 and Water
Reclamation operating account 640100.7886. Individual purchase orders will be issued as
services are performed and invoiced.
EXHIBITS
Exhibit 1: Best and Final Offer Recommended
Respectfully submitted:
. �
�`�`���--���--
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1 =AIS-RFY 4942
RFP 4942 Annual Mowing Services Exhibit 1
BAFO Evaluation
Opening Date:Tuesday, May 29th, 2012
Type of Service Requested - Total Recommended
Line Item Mowing Awarded Total Evaluated Contractor
Score
1 Libraries $5,280.00 95 TIBH
2 City Parks $124,060.00 98 MET
3 Medians $28,500.00 97 MET
4 Fire $10,392.00 93 TIBH
5 Cemetaries $74,600.00 100 FIREHOUSE 22
6 DME $8,645.00 95 TIBH
7 Water $17,505.00 95 TIBH
Total Est Contract Value $268,982.00
Recommended Contractor Awarded Services Contract Value
TIBH Libraries, Fire, DME, and Water $41,822.00
MET City Parks, Medians $152,560.00
FIREHOUSE 22 Cemetaries $74,600.00
Tota I $268,982.00
ORDINANCE NO.
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR
MOWING SERVICES FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITLJRE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4942— ANN[_JAL
CONTRACT FOR MOWING SERVICES AWARDED TO THE BEST VALUED PROPOSER
FOR EACH SECTION FOR AN ANNUAL ESTIMATED EXPENDITLJRE OF $268,982).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of mowing services in accordance with the procedures of State law and City ordinances;
and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
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. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
. .
I: '
4942
4942
4942
CONTRACTOR
TIBH Industries, Inc.
M.E.T. Lawncare dba
Maintaining the Common Ground LLC
FirehoLise 22
AMOUNT
Exhibit A
Exhibit A
Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals 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 Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of
the submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or pernutted to be performed by the City of Denton
under RFP 4942 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�� �
___ �' �,,��
��
BY:
4-ORD-RFP 4942
RFP 4942 Annual Mowing Services Exhibit A
Best And Final Offer Pricing
Type of Service Requested - Estimated Recommended
Line Item Mowing Awarded Total Contractor
1 Libraries $5,280.00 TIBH
2 City Parks $124,060.00 MET
3 Medians $28,500.00 MET
4 Fire $10,392.00 TIBH
5 Cemetaries $74,600.00 FIREHOUSE 22
6 DME $8,645.00 TIBH
7 Water $17,505.00 TIBH
Total Est Contract Value $268,982.00
Estimated
Recommended Contractor Awarded Services Contract Value
TIBH Libraries, Fire, DME, and Water $41,822.00
MET City Parks, Medians $152,560.00
FIREHOUSE 22 Cemetaries $74,600.00
Tota I $268,982.00
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
July 9, 2012 - The Public Utility Board recommended approval (6-0).
FISCAL INFORMATION
The City has no financial obligation under this Agreement but will be required to collect the pro
rata charges and forward these to Ms. Miller when the adj acent properties develop and connect to
the water mains.
EXHIBITS
1. Location and Water Main Pro Rata Map
2. Proposed Offsite Water Main Cost
3. Pro Rata Agreement
4. Ordinance
5. PUB Minutes
Respectfully subnutted:
. �
�� � �.�
Jim Coulter
Director of Water Utilities
Prepared by:
James B. Jenlcs, P.E.
Senior Engineer, Water Utilities
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Utility Administration
ACM: Howard Martin, 349-8232 ����
SUBJECT
Consider a recommendation of an adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute a Water Main Pro-Rata Reimbursement Agreement
between the City of Denton, Texas and Mary Bess Miller for reimbursement of the cost of
building a water main, through pro-rata charges paid to the City; authorizing the transfer of funds
pursuant to the agreement; and providing an effective date. The Public Utility Board
recommended approval (6-0).
BACKGROUND
Little Brook Estates is an existing subdivision consisting of 16 residential lots within the Denton
City Limits. This subdivision has been served by a small public water system named Hawlcins
Water System. This system has been cited by TCEQ as being out of compliance with State
public water system requirements. The owner of this water system, Mary Bess Miller, is in the
process of constnicting a water main that will extend through the Little Broolc Estates
subdivision, and also offsite, beyond the subdivision, to the City of Denton's water system. The
water main extension includes 3,031 ft. of offsite 8-in. water main, as shown on Exhibit L Ms.
Miller submitted a detailed cost breakdown from her Contractor for the water main. Based upon
this brealcdown, Staff has calculated the appropriate pro rata cost per foot (Exhibit 2), and has
prepared a Water Main Pro-Rata Reimbursement Agreement using the standard agreement form
(Exhibit 3). This Agreement will provide Ms. Miller a means of recovering the cost of the
offsite water main from the adj acent properties when they connect or develop.
OPTIONS
1. Approve the Pro-Rata Agreement as prepared and subnutted by Staff.
2. Rej ect the Pro-Rata Agreement.
RECOMMENDATIONS
Staff recommends approval of the Water Main Pro-Rata Reimbursement Agreement as prepared
and submitted. The Agreement provides a mechanism for Ms. Miller to recover the costs of this
offsite main from owners of adjacent properties when they connect or develop, and is consistent
with the current policies and procedures for these agreements as outlined within the subdivision
development code.
ESTIMATED SCHEDULE OF PROJECT
Constniction of the water main is essentially complete; a final wallc-through meeting has not yet
been conducted.
EXHIBIT1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Miller Water Project
Water Main Pro-Rata Cost
Description
Mobilization and move-in
Implement traffic control plan & R.O.W. route preparation
Sodding for disturbed areas
Implement erosion control and Storm Water Pollution Prevention Plan
8-inch PVC water line including Ductile Iron Fittings
8-inch Gate Valve and Box
16-inch Casing Pipe
Fire Hydrant Assembly
Connect to Existing Water Line
Install WaterService
Install Water Meter Boxes
Concrete Pavement Repair
Gravel Pavement Repair
HMAC Repair
Trench Safety System for Water Line
uantit
1
1
756
1
3031
5
65
2
1
0
0
0
43
0
3031
Unit
LS
LS
SY
LS
LF
EA
LF
EA
EA
EA
EA
SY
SY
SY
LF
Unit Price
$ 9,432.00
$ 720.00
$ 4.00
$ 6,984.00
$ 20.40
$ 1,437.00
$ 180.00
$ 3,175.00
$ 620.00
$ 1,050.00
$ 235.00
$ 100.00
$ 37.00
$ 75.00
$ 0.50
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Subtotal
9,432.00
720.00
3,024.00
6,984.00
61, 832.40
7,185.00
11, 700.00
6, 350.00
620.00
1, 591.00
1, 515.50
$ -
Water Total $ 110,953.90
Water line footage 3,031
Water Pro Rata cost per foot $ 36.61
EXHIBIT 3
THE STATE OF TEXAS
COUNTY OF DENTON
WATER MAIN PRO-RATA REIMBURSEMENT AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND MARY BESS MII.LER
WHEREAS, MARY BESS MILLER ("Developer"), A Sole Proprietor, whose business address is 1205
Meadow Ridge Drive, Denton, Texas 76201 wishes to develop and improve a water line which will e�ctend the
water utility currently owned and operated by the City of Denton, Texas, by designing, constructing and
instatling a water main; and
WHEREAS, the City of Denton ("City"), a municipal corporation, located at 215 East McKinney, Denton,
Texas 76201, in accordance with its ordinances may reimburse Developer for the costs of the water main
installed by the Developer, based upon pro-rata charges paid to the City by persons connecting to the water
main; and
NOW, THEREFORE, in consideration of their mutual promises, Developer and City agree as follows:
1. Developer has designed, instalied and constructed an 8- inch diameter off-site water main and all
necessary appurtenances thereto, extending a total distance of approximately 3,031 linear feet
("Facilities"), located as shown on E�chibit l, attached hereto and incorporated herein by reference.
This entire water ntain addition shall be subject to pro-rata reimbuisement in accordance with this
Agreement.
2. Prior to beginning construction of Faciliries, Developer shall obtain at Developer's sole cost and
expense, atl necessary permits, licenses, and easements. If easements are needed, the deeds therefore
obtained by Developer shall be reviewed and approved as to form and substance by the City prior to
the beginning of construction. lf Developer is unable to acquire needed easements, Developer shall
provide the City with any requested documentation of efforts to obtain such easements, including
evidence of negotiations and reasonable offers made to the affected properly owners. Any easements
for the Facilities obtained by the Developer shatl 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
the City against any adverse claim made against such title.
3. The cost for the design, construction, and installation of the Facilities subject to pro-rata
reimbursement is:
a Water:
$110,953.90 (Developer cost) or $36.61 per linear foot
$0.00 (City participation cost)
4. The calculations from which these costs were determined are presented in Exhibit 2.
5. Within thirty (30) days of the acceptance of the Faciliries by the City, Developer shall submit to the
City's Assistant City Manager of Urilities the actua( cost of the Facilities. To determine the actual cost
of the Facilities, the City shall have the right to inspect any and a11 records of Developer, her 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 actuai cost of the
Facilities. The Assistant City Manager of Utilities shall review and verify the actual cost of the
Facilities and certify the allowable reimbursable cost and the date the Facilities were accepted, which
certificate shall be attached hereto by the City, once issued, and be incorporated herein by reference.
6. After title to the Faciliries has vested in the City, the City shall collect a prarata charge from any
person connecting to the off-site facilities in accordance with the provisions of the Code of
Ordinances of the City. The City shall thereafter transfer the applica.ble amount cotlected to
Developer, and made payable to "Bess Miller Survivor's Tn�st". Should payment be collected after
Developer's dea.th, it shall be made payable to "Mary Bess Miller 2012 Revokable Living Trust_"
7. The City shall transfer to Developer pro-rata charges collected for a period of time for twenty (20)
years from the date 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.
8. The parties hereto recognize that the Facilities subject to this Agreement are necessary to provide
water service to the Developer's e�cisring water service customers. T'he praraxa. charges to be collected
and transferred to Developer shall be based on the terms of this Agreement, as though the Facilities
subject to this agreement were installed.
9. 'The pro-rata charges to be collected by the City and transferred to Developer in accordance with the
ordinances of the City and this Agreement are intended to reimburse the Developer for the
Developer's cost of the Faciliries by requiring persons connecting who beneftt thereby, to participate
in the cost of the Facitities. 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 pro-rata funds received from persons connecting to such
Faciliries.
10. Should any court of competent jurisdiction determine that a11 or a part of the City's ordinance upon
which the pro-rata charges to be paid to Developer under this Agreement are based, are found to be
uniawful or invalid, the City may cease to chazge or collect the pro-rata charges for connection to the
Facilities, and shall have no further obligations hereunder.
I 1. 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 Assistant City
Manager of Utilities for the City at the address given above.
12. The 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 pmperty or person occasioned by any act or
omission, neglect or wrongdoing of Developer, its officets, agents, employees, invitees, contractors or
other persons with regard to the performance of this Agreement; and Developer witl, at its own cost
and expense, defend and protect the City against any and all such claims and demands.
13. This instrument embodies the whole agreement of the parties hereto, and there are no promises, terms,
conditions or obligations other than those conta.ined herein. This Agreement shall supersede all
previous communications, representations or agreements, either verbal or written, between the parties
hereto.
14. Developer shall not assign this Agreement without the express written consent of City.
15. Any and all suits for any breach of this Agreement, or any other suit pertaining to or arising out of this
Agreemen� sha11 be brought and maintained in the court of competent jurisdiction in Denton County,
Texas.
16. T'his Agreement shall be effective for a period of twenty (20) years from the date Facilities are
accepted by the City, or until Developer has been paid all allowable reimbursable pro-rata. chazges for
the Facilities, whichever occurs first; provided, however, should Developer fail to complete
substantial construction of the Facilities within one year from the date of execution of this Agreement,
this Agreement shalt terminate.
EXECUTED this the day of ___ , 2012.
CITY OF DENTON, TEXAS
:
ATTESTED BY:
JENTTIFER WALTERS, CITY SECRETARY
:
A.PPROVED AS TO LEGAL FORM:
A1�TITA BURGESS, CITY ATTORNEY
��'I � �
By: JU
GEORGE C. CAMPBELL
CITY MANAGER
MARY BESS MILLER
Developer (Sole Proprietor)
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A'ITEST:
By: N
APPROVED AS TO LEGAL FORM:
By: ��'�
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ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE A WATER MA1N PRO-RATA REIlVIBURSEMENT
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND MARY BESS MILLER
FOR REIMBURSEMENT OF THE COSTS OF BUILDING A WATER MAIN, THROUGH
PRO-RATA CHARGES PAID TO THE CITY; AUTHORIZING THE TRANSFER OF FLJNDS
PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas requires that the development owned by Mary
Bess Miller ("Owner"), commonly referred to as that real property commonly lcnown as 1205
Meadow Ridge Drive, Denton, Texas 76201, Denton County, Texas (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 Owner is required to provide such real
property development with adequate water service by designing, constnicting, and installing a
water main; and
WHEREAS, the City of Denton, Texas may lawfully reimburse the Owner for the costs
of the eight-inch water main installation by the Owner based upon pro-rata charges paid to the
City of Denton, Texas by persons connecting to the water main pursuant to the Denton
Development Code, Subchapter 35.21.10.1 and 2; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is authorized to execute a"Water Main Pro-Rata
Reimbursement Agreement between the City of Denton, Texas and Mary Bess Miller" (the
"Agreement") to provide for the pro-rata reimbursement for the design, constniction, and
installation of a total of 3,031 linear feet of water line, being an 8-inch diameter water main,
substantially in the form of the attached Agreement, which is incorporated herewith by reference
and made a part of this Ordinance for all purposes; subject however, to Owner, Mary Bess Miller
entering into a Development Contract with the City of Denton, Texas in accordance with the
Denton Development Code, Subchapter 35.16.20.B.
SECTION 2. 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 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012.
MARK A. BLJRROUGHS, MAYOR
1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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DRAFT MINUTES
PUBLIC UTILITIES BOARD
July 9, 2012
After determining that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, July 9, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
Center, 901-A Texas Street, Denton, Texas.
Present:
Absent — Excused
Chairman Dic1c Smith, John Baines, Phil Gallivan, Leonard Herring,
Barbara Russell, and Randy Robinson
Billy Cheelc
Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities
OPEN MEETING:
CONSENT AGENDA:
Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his
designee, to implement each item in accordance with the staff recommendations. The Public
Utilities Board has received bacicground information, staff's recommendations, and has had an
opportunity to raise questions regarding these items prior to consideration.
3) Consider a recommendation of an adoption of an ordinance of the City Council of Denton,
Texas authorizing the City Manager to execute a Water Main Pro-Rata Reimbursement
Agreement between the City of Denton, Texas and Mary Bess Miller for reimbursement of
the cost of building a water main, through pro-rata charges paid to the City; authorizing the
transfer of funds pursuant to the agreement; and providing an effective date.
Board Member Russell motioned to approve item 3, second was by Board Member
Gallivan. Vote 6-0 approved.
Adj ournment 11: l 0am
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 ����'�"
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 3.480 acre tract located in the M.E.P. and P.R.R. Co. Survey, Abstract Number 1475,
City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached
hereto and made a part hereof, located generally in the 2500 blocic of East McKinney Street (the
"Property Interests"), for the Public use of expanding and improving electric utilities; authorizing
the City Manager or his designee to make an offer to Gary Dennis Dillard (the "Owner"), to
purchase the Property Interests for the purchase price of Three Hundred Twenty Six Thousand,
Two Hundred Eight Dollars and No Cents ($326,208.00), and other consideration, as prescribed
in the Contract of Sale (the "Contract"), as attached hereto and made a part hereof as Exhibit
"B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; repealing
prior ordinance related to offer to purchase an easement from Owner (2012-079); and providing
an effective date. (691cV Transnussion Line Rebuild Project — Parcel P7)
BACKGROUND
In accord with the current 691cV Transmission Line Re-build project initiative, staff is
undertalcing the identification of the additional land rights necessary to accommodate the
constniction and operation of the improved electric transmission and distribution system. Pyles
Whatley Corporation has been engaged to provide real estate appraisal services in regard to the
subject tract that will be directly impacted by the project.
In respect to the tract owned by Gary Dennis Dillard, the project initially required the acquisition
of an easement encumbering a 0.911 acre tract of land to accommodate the proposed electric
power line facilities, which was approved by City Council on April 17th (Ordinance 2012-079).
Upon further analysis of overall system requirements Denton Municipal Electric has deternuned
the need to constnict a new electric substation south of McKinney Street that will encompass the
entirety of the 3.480 Dillard tract.
Pyles Whatley Corporation has provided a revised real estate appraisal report in regard to Mr.
Dillard's overall property tract and the land rights necessary for the power line and electric
substation Projects. Their findings constitute the present offer to purchase.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This tract is within the alignment previously recommended by the Public Utility Board and
approved by the City Council.
PUB April 9th (Easement Acquisition), and July 23, 2012 (Executive Session regarding
Substation sites)
City Council April 17, 2012 (Easement Acquisition)
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General
Obligation Bonds which will be paid by Transnussion Revenue received from all other electric
utilities who are members of the Electric Reliability Council of Texas (ERCOT). The purchase
offer price of $326,208.00 plus closing costs as prescribed in the Contract are to be funded
through these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
Prepared by,
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Pamela England
Real Estate Specialist
Respectfully subnutted,
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,
Phillip Williams
General Manager
Electric Administration
Denton Municipal Electric
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LOCATION MAP
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Denton Municipal Electric Proposed Acquisition
Gary Dillard - P7 3.4 Acres
150 0 75 150 300 FEET
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\\codad\departments\legal\our documents\ordinances\12\dilliard contract of sale.doc
* � �
ORDINANCE NO. 2012-
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE FEE SIMPLE TO A 3,480 ACRE TRACT LOCATED IN THE M.E.P. & P.R,R.
CO. SURVEY, ABSTRACT NUMBER 1475, CITY OF DENTON, DENTON COUNTY,
TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED
HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE 2500 BLOCK
OF EAST MCKINNEY STREET (THE "PROPERTY 1NTERESTS"), FOR THE PUBLIC USE
OF EXPANDING AND IMPROVING ELECTRIC UTILITIES; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO MAKE AN OF�'ER TO GARY DENNIS DILLARD
(THE "OWNER") TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE
PRICE OF THREE HUNDRED TWENTY SIX THOUSAND, TWO HUNDRED EIGHT
DOLLARS AND NO CENTS ($326,208.00), AND OTHER CONSIDERATION, AS
PRESCRIBED IN THE CONTRACT OF SALE (THE "CONTRACT"), AS ATTACHED
HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AUTHORIZING RELOCATION
EXPENDITURES; REPEALING PRIOR ORDINANCE (2012-079) RELATED TO OFFER TO
PURCHASE AN EASEMENT FROM OWNER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after due consideration of the public interest and necessity and the public
use and beneiit to accrue to the City of Denton, Texas:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Council finds that a public use and necessity exists, and that the public
welfare and convenience require the acquisition of the Property Interests by the City of Denton,
Texas (the "City"). The City Council hereby finds and determines that the acquisition of the
Property Interests is necessary for public use to provide electric utilities expansion and
improvements to serve the public and the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to malce a formal
offer to the Owner to purchase the Property Interests from the Owner.
SECTION 3. The City Manager, or his designee, is hereby authorized to execute for and
behalf of the City (i) the Contract, by and between the City and Owner, in the form attached
hereto arid made a part hereof as Exhibit "B", with a purchase price of $326,208.00 and other
consideration, plus costs and expenses, all as prescribed in the Contract; and (ii) any other
documents necessary for closing the transaction contemplated by the Contract.
SECTION 4. The City Manager, or his designee, is directed, by certified mail, return
receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the
City relating speciiically to the Owner's property and prepared in the 10 years preceding the date
of the offer made by the Contract.
SECTION 5. The offer to Owner shall be made in accordance with all applicable law.
\\codad\departments\lega(\our documents\ordinances\12\dilliard contract of sale.doc
SECTION 6, The City Manager is authorized to malce expenditures in accordance with
(i) the terms of the Contract; and (ii) Ordinance No. 2012-073, dated April 17, 2012, pertaining
to relocation related expenses and advisory services.
SECTION 7. Ordinance No. 2012-079 is hereby repealed in its entirety and the offer
made therein is hereby revoked.
SECTION 8. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect,
SECTION 9. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012,
MARK A, BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
By: � � � � ..,m �._ �.°�_
Page 2
EXHIBIT "A"
to
Ordinance
Legal Description
Of
Property
BEING all that cei-tain lot, tract or parcel of land situated in the M.E.P, & P.R.R. Survey,
Abstract Number 1475, City of Denton, Denton County, Texas, and being a part of a tract of land
described by deed to Gary Dennis Dillard and wife, Jaymi Chris Dillard, recorded in Volume
1188, Page 730 of the Deed Records, Denton County, Texas (D.R.D.C.T.) and being more
particularly described as follows;
BEGINNING at a 1/2 inch iron rod found for a southeast corner of said Dillard tract and the
northeast corner of a tract of land described by deed to Staff Realty, recorded under County
Clerk's File Number 94-6845, Official Public Records, Denton County, Texas (O.P.R.D.C.T.),
same point being in the west line of a tract of land described by deed to Joan Cohagen, Trustee of
the Joan Cohagen Living Trust, recorded under Instrument Number 2005-69429, O,P.R.D.C.T.;
THENCE South 89 degrees 27 minutes 42 seconds West, with the north line of said Staff Realty
tract for a distance of 218,49 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (ASC) set for the southwest corner of said Dillard tract and the most
southerly southeast corner of a tract of land described by deed to Gerard Roland Vela and Emma
Lamar Vela, recorded in Volume 3225, Page 252, D.R.D.C.T.;
THENCE North 00 degrees 11 minutes 09 seconds West, with the east line of said Vela tract, a
distance of 456.97 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for most
easterly northeast corner of said Vela tract and the southeast corner of a tract of land described
by deed to Brian Carter and Brenda Carter, recorded under Instrument Number 2010-121541,
O.P,R.D.C.T.;
THENCE North 00 degrees 22 minutes 52 seconds West, with the east line of said Carter tract, a
distance of 301.55 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the
northwest corner of said Dillard tract and the northeast corner of said Carter tract, same point
being in the south right-of-way line of McKinney Street;
THENCE South 72 degrees 31 minutes 21 seconds East, with the south right-of-way line of
McKinney Street, a distance of 169.25 feet to a 1/2 inch iron rod found for the most northerly
northeast corner of said Dillard tract and the northwest corner of a tract of land described by
deed to Bobby R. Mitchell and Corine Mitchell, recorded in Volume 419, Page 22, D.R.D.C.T.;
THENCE South 00 degrees 47 minutes 38 seconds West, with the west line of said Mitchell
tract, a distance of 177.14 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for an
inner ell corner of said Dillard tract and the southwest corner of a tract of land described by deed
to Bobby R. Mitchell and Corine Mitchell, recorded in Volume 473, Page 673, D.R.D.C.T.;
EXHIBIT "A"
to
Ordinance
Legal Description
Of
Property
THENCE North 89 degrees 50 minutes 45 seconds East, with the south line of said Mitchell
tract (Vol. 473, Pg. 673), a distance of 74.79 feet to a 1/2 inch iron rod with yellow cap stamped
"ASC" set for the most easterly northeast corner of said Dillard tract and the southeast corner of
said Mitchell tract (Vol, 473, Pg. 673), same point being in the west line of said Cohagen tract;
THENCE South O1 degrees 16 minutes 43 seconds West, with the west line of said Cohagen
tract, a distance of 528.84 feet to the POINT OF BEGINNING and containing 3.480 acres of
land, more or less.
STATE OF TEXAS §
COUNTY OF DENTON §
EXHIBIT "B"
to
Ordinance
CONTRACT OF SALE
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE
THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT
REGARDING THE CITY OF DENTON'S ACQUISITION OF THE
PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR
AGREEMENT CONFIDENTIAL, UNLESS TAE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
This Contract of Sale (the "Contract") is made this day of
, 2012, effective as of the date of execution hereof by Seller, as
defined herein (the `Bffective Date"), by and between Gary Dennis Dillard (referred to
herein as "Seller") and the City of Denton, Texas, a Home Rule Municipal Corporation of
Denton County, Texas (referred to herein as "Buyer").
RECITALS
WHEREAS, Seller owns that certain tract of land being more particularly
described on Exhibit "A", attached hereto and made a part hereof for all purposes, being
located in Denton County, Texas (the "Land"); and
WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller,
the Land, together with any and all rights or interests of Seller in and to adjacent streets,
alleys and rights of way and together with all and singular the improvements and fixtures
thereon and all other rights and appui�tenances to the Land (collectively, the "Property").
ARTICLE I
SALE OF PROPERTY
For the consideration hereinafter set forth, and upon the terms, conditions and
provisions herein contained, and subject to the reservations herein, Seller agrees to sell
and convey to Buyer, and Buyer agrees to purchase from Seller, the Property.
Seller, subject to the limitation of such reservation made herein, shall reserve, for
himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on
and under and that may be produced from the Property. Seller, his heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanlcs or tanlc
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any lcind or type in connection with or related to the reserved oil, gas and
other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated
hydrocarbons) that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy
the surface of the Propei�ty; and (ii) all substances (except oil and gas) which are at or
near the surface of the Propei�ty. The intent of the parties hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v.
Wylie, 597 S,W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the
surface of the earth to a depth of iive hundred feet (500') below the surface of the earth
and all areas above the surface of the earth.
ARTICLE II
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price, The Purchase Price to be paid to Seller for the Propei�ty is the
sum of Three Hundred Twenty Six Thousand Two Hundred Eight and No/100 Dollars
($326,208.00) (the "Purchase Price"),
2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No/100
Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525
South Loop 288 , Suite 125, Denton, Texas, 76205 (the "Title Company"), as escrow
agent, within fourteen (14) calendar days of the Effective Date hereof. All interest earned
thereon shall become part of the Earnest Money and shall be applied or disposed of in the
same manner as the original Earnest Money deposit, as provided in this Contract, If the
purchase contemplated hereunder is consummated in accordance with the terms and the
provisions hereof, the Earnest Money, together with all interest earned thereon, shall be
applied to the Purchase Price at Closing, In all other events, the Earnest Money, and the
interest accrued thereon, shall be disposed of by the Title Company as provided in this
Contract.
2.03 Independent Contract Consideration. Within fourteen (14) calendar days after
the Effective Date, Buyer shall deliver to the Title Company, payable to and for the
benefit of Seller, a checic in the amount of One Hundred and No/100 Dollars ($100,00�
(the "Independent Contract Consideration"), which amount the parties hereby
acicnowledge and agree has been bargained for and agreed to as consideration for Seller's
execution and delivery of the Contract. The Independent Contract Consideration is in
Contract of Sale
addition to, and independent of any other consideration or payment provided in this
Contract, is non-refundable, and shall be retained by Seller notwithstanding any other
provision of this Contract.
ARTICLE III
TITLE AND SURVEY
3.01 Title Commitment.
(a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be
furnished to Buyer a current Commitment for Title Insurance (the "Title
Commitment") for the Property, issued by Title Company. The Title
Commitment shall set forth the state of title to the Propei�ty, including a list of
liens, moi-tgages, security interests, encumbrances, pledges, assignments, claims,
charges, leases (surface, space, mineral, or otherwise), conditions, restrictions,
options, severed mineral or royalty interests, conditional sales contracts, rights of
first refusal, restrictive covenants, exceptions, easements (temporary or
permanent), rights-of-way, encroachments, or any other outstanding claims,
interests, estates or equities of any nature (each of which are referred to herein as
an `Bxception").
(b) Along with the Title Commitment, Seller shall also cause to be delivered to
Buyer, at Buyer's sole cost and expense, true and correct copies of all instiuments
that create or evidence Exceptions (the `Bxception Documents"), including those
described in the Title Commitment as exceptions to which the conveyance will be
subject and/or which are required to be released or cured at or prior to Closing.
3.02 Survey, Within thirty (30) calendar days after the Effective Date, Seller shall
cause to be prepared at Buyer's expense, a current on the ground survey of the Property
(the "Survey"). The contents of the Survey shall be prepared by a surveyor selected by
Buyer and shall include the matters prescribed by Buyer, which may include but not be
limited to, a depiction of the location of all roads, streets, easements and rights of way,
both on and adjoining the Property, water courses, 100 year flood plain, fences and
improvements and structures of any kind. The Survey shall describe the size of the
Property, in acres, and contain a metes and bounds description thereof. Seller shall
furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions
as required by the Title Company in order to amend the survey exception as required by
Section 3.05 below. The description of the Property as set forth in the Survey, at the
Buyer's election, shall be used to describe the Propei�ty in the deed to convey the Property
to Buyer and shall be the description set forth in the Title Policy.
3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall
have a period of iifteen (15) calendar days (the "Title Review Period") commencing with
the day Buyer receives the last of the Title Commitment, the Survey, and the Exception
Documents, in which to give written notice to Seller, specifying Buyer's objections to
one or more of the items ("Objections"), if any. All items set forth in the Schedule C of
Conn•act of Sale
the Title Commitment, and all other items set forth in the Title Commitment which are
required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be
Objections without any action by Buyer.
3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall,
within twenty (20) calendar days after Seller is provided notice of Objections, either
satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in
writing of the Objections that Seller cannot or will not satisfy at Seller's expense.
Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure
those Objections or Exceptions that have been voluntarily placed on or against the
Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any
Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day
period, and if Buyer does not agree in writing to an extension of that period, said
extension to not exceed an additional thirty (30) calendar days, then Buyer has the option
of either:
(a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller
prior to Closing, in which event those Objections shall become Permitted
Exceptions (herein so called), or
(b) terminating this Contract by notice in writing prior to Closing and receiving bacic
the Earnest Money, in which latter event Seller and Buyer shall have no further
obligations, one to the other, with respect to the subject matter of this Contract.
3.04.A Additional Title Commitment. Due to the fact that the effective period of the
Title Commitment shall expire prior to Closing, Seller shall cause to be furnished to
Buyer, no earlier than ninety one (91) calendar days after the Effective Date and no later
than one hundred ten (110) calendar days after the Effective Date, a Titie Commitment
("Updated Commitment"), in the form of the Title Commitment prescribed by Section
3.01, above, Buyer shall have fifteen (15) calendar days to review and provide
Objections, if any, to the items in the Updated Commitment in the same manner as
prescribed by Section 3.03 related to the Title Commitment, All time periods related to
review and cure of the Objections, waiver of uncured Objections and termination of this
Contract, as set forth in this Article III shall be applicable to the Objections by Buyer to
the Updated Commitment, if any, and Closing shall be so extended to accommodate such
review and cure period.
3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a
standard Texas Owner's Policy of Title Insurance ("Title Policy") to be furnished to
Buyer. The Title Policy shall be issued by the Title Company, in the amount of the
Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property,
subject only to the Permitted Exceptions, The Title Policy may contain only the
Permitted Exceptions and shall contain no other exceptions to title, with the standard
printed or common exceptions amended or deleted as follows:
(a) survey exception must be amended if required by Buyer to read "shortages in
Contract of Sale
area" only (although Schedule C of the Title Commitment may condition
amendment on the presentation of an acceptable survey and payment, to be borne
solely by Buyer, of any required additional premium);
(b) no exception will be permitted for "visible and apparent easements" or words to
that effect (although reference may be made to any specific easement or use
shown on the Survey, if a Permitted Exception);
(c) no exception will be permitted for "rights of parties in possession";
(d) no liens will be shown on Schedule B,
Notwithstanding the enumeration of the following exceptions, amendments and/or
deletions, Buyer may object to any Exception it deems material, in its sole discretion.
ARTICLE IV
FEASIBILITY REVIEW PERIOD
4.01 Review Period. Any term or provision of this Contract notwithstanding, the
obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having
determined, in Buyer's sole and absolute discretion, during the period commencing with
the Effective Date of this Contt•act and ending one hundred twenty (120) calendar days
thereafter (the "Absolute Review Period"), based on such tests, examinations, studies,
investigations and inspections of the Property the Buyer deems necessary or desirable,
including but not limited to studies or inspections to determine the existence of any
environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the
Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering
studies of the Property, and to conduct a physical inspection of the Property, including
inspections that invade the surface and subsurface of the Property. If Buyer determines,
in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended
use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as
soon as reasonably practicable, but in any event prior to the expiration of the Absolute
Review Period, in which case the Earnest Money will be returned to Buyer, and neither
Buyer nor Seller shall have any further duties or obligations hereunder. In the event
Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section
4.01, Buyer will provide to Seller copies of (i) any and all non-confidential and non-
privileged reports and studies obtained by Buyer during the Absolute Review Period; and
(ii) the Survey.
ARTICLE V
REPRESENTATIONS, WARRANTIES, COVENANTS AND
AGREEMENTS
5.01 Representations and Warranties of Seller, To induce Buyer to enter into this
Contract and consummate the sale and purchase of the Property in accordance with the
terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective
Contract of Sale
Date and as of the Closing Date, except where specific reference is made to another date,
that:
(a) The descriptive information concerning the Property set forth in this Contract is
complete, accurate, true and correct.
(b) There are no adverse or other parties in possession of the Property or any part
thereof, and no pat�ty has been granted any license, lease or other right related to
the use or possession of the Property, or any part thereof, except those described
in the Leases, as defined in Article V, Section 5.02(a),
(c) The Seller has good and marlcetable fee simple title to the Property, subject only
to the Permitted Exceptions.
(d) The Seller has the full right, power, and authority to sell and convey the Property
as provided in this Contract and to carry out Seller's obligations hereunder.
(e) The Seller has not received notice of, and has no other knowledge or information
of, any pending or threatened judicial or administrative action, or any action
pending or tlueatened by adjacent landowners or other persons against or
affecting the Property.
(f� The Seller has disclosed to Buyer in writing of any and all facts and
circumstances relating to the physical condition of the Property . that may
materially and adversely affect the Propei�ty and operation or intended operation
thereof, or any portion thereof, of which Seller has lcnowledge.
(g) The Seller has paid all real estate and personal property taxes, assessments,
excises, and levies that are presently due, if any, which are against or are related
to the Property, or will be due as of the Closing, and the Property will be subject
to no such liens.
(h) Seller has not contracted or entered into any agreement with any real estate
brolcer, agent, iinder, or any other party in connection with this transaction or
taken any action which would result in any real estate broker commissions or
iinder's fee or other fees payable to any other party with respect to the
transactions contemplated by this Contract,
(i) To the best of Seller's lcnowledge, there has not occurred the disposal or release
of any Hazardous Substance to, on or from the Property.
As used in this Contract, "Hazardous Substance" means and includes all
hazardous and toxic substances, waste or materials, chemicals, and any pollutant
or contaminant, including without limitation, PCB's, asbestos, asbestos-
containing material, petroleum products and raw materials, that are included
under or regulated by any Environmental Law or that would or may pose a health,
Contract of Sale
safety or environmental hazard.
As used in this Contract, "Environmental Law" means and includes all federal,
state, and local statutes, ordinances, regulations and rules presently in force or
hereafter enacted relating to environmental quality, contamination, and clean-up
of Hazardous Substances, including without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act (42 U.S,C. 9601, et
seq.), as amended by the Superfund Amendments and Reauthorization Act of
1986, the Resource Conservation and Recovery Act (42 U.S,C. 6901, et seq.), as
amended, Toxic Substance Controi Act, 15 U,S.C. 2601, et seq., and state
superlien and environmental clean-up statutes and all rules and regulations
presently or hereafter promulgated under or related to said statutes, as amended.
(j) All Leases, as defined in Article V, Section 5.02(a), shall have expired or
otherwise terminated and, subject to applicable law and the Relocation Ordinance,
as defined below, any and all tenants or parties occupying the Property pursuant
to the Leases shall have permanently abandoned and vacated the Property on or
before the date of Closing.
(lc) The Seller is not a"foreign person" as deiined in Section 1445 of the Internal
Revenue Code of 1986, as amended.
(1) Seller represents and warrants to Buyer that he is a single person.
5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer
as follows;
(a) Unless stated otherwise, within ten (10) calendar days after the Effective Date,
Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the
Property, true, correct, and complete copies of the following:
(i) All lease agreements and/or occupancy agr•eements and/or licenses of any
kind or nature (if oral, Seller shall provide to Buyer in writing all material
terms thereo� relating to the possession of the Property, or any part
thereof, including any and all modifications, supplements, and
amendments thereto (the "Leases"),
(ii) All environmental audits, soil tests and engineering and feasibility reports,
including any and all modiiications, supplements and amendments thereto,
with respect to the Property that Seller possesses or has the right to
receive.
(b) From the Effective Date until the date of Closing or earlier termination of this
Contract, Seller shall:
(i) Not enter into any written or oral contract, lease, easement or right of way
Contract of Sale
agreement, conveyance or any other agreement of any lcind with respect
to, or affecting, the Propei�ty that will not be fully performed on or before
the Closing or would be binding on Buyer or the Property after the date of
Closing.
(ii) Advise the Buyer promptly of any litigation, arbitration, or administrative
hearing concerning or affecting the Property.
(iii) Not talce, or omit to talce, any action that would result in a violation of the
representations, warranties, covenants, and agreements of Seller.
(iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or
to the Property, or create, grant or permit to be attached or perfected, any
lien, encumbrance, or charge thereon.
(c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law,
from all loss, liability, and expense, including, without limitation, reasonable
attorneys' fees, arising or incurred as a result of any liens or claims resulting from
labor or materials furnished to the Propei�ty under any written or oral contracts
arising or entered into prior to Closing.
(d) Seller consents to Buyer applying for any zoning amendments, permit
applications, including without limitation, specific use permits, and/or pursuing
any other activity deemed necessary by Buyer to obtain all local regulatory
approvals and consents to operate the Property as an electric substation and
electric transmission facility (the "Permitting Activities"). Seller covenants and
agrees to timely execute and deliver any applications and/or other documents, as
owner of the Property, deemed necessary by the Buyer related to the Permitting
Activities.
5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in
this Contract, the representations, warranties, covenants and agreements of Seller
contained in this Contract shall survive the Closing, and shall not, in any circumstance,
be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a).
ARTICLE VI
CONDITIONS PRECEDENT TO PERFORMANCE
6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under
this Contract unless, within the designated time periods, all of the following shall have
occurred:
(a) Seller has performed, furnished, or caused to be furnished to Buyer all items
required to be so performed or furnished under other sections of this Contract; and
(b) Seller cures or Buyer waives in writing, within the time periods specified in
Article III, all of Buyer's objections made in accordance with Article III.
Contract of Sale
6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements.
Buyer is not obligated to perform under this Contract unless all representations,
warranties, covenants and agreements of Seller contained in this Contract are true and
correct or have been performed, as applicable, as of the Closing Date, except where
specific reference is made to another date.
6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the
date of Closing, any poi-tion of the Property has been condemned by an entity other than
Buyer, or is the subject of condemnation, eminent domain, or other material proceeding
initiated by an entity other than Buyer, or the Property, or any part thereof, has been
materially or adversely impaired in any manner.
6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer
delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined
that the Property is unsuitable to or for Buyer's purposes,
6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything
contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive
any of the conditions precedent to the performance of Buyer's obligations under this
Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying
the waived condition precedent.
6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any
of the conditions precedent to the performance of Buyer's obligations under this Contract
have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving
written notice to Seiler, terminate this Contract, On Buyer's termination, the Earnest
Money shall be immediately returned to Buyer by the Title Company. The Seller shall,
on written request from Buyer, promptly issue the instructions necessary to instruct the
Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise
provided in this Contract, Buyer and Seller shall have no further obligations under this
Contract, one to the other.
ARTICLE VII
CLOSING
7.01 Date and Place of Closing, The Closing (herein so called) shall talce place in the
offices of the Title Company and shall be accomplished through an escrow to be
established with the Title Company, as escrowee, The Closing Date (herein sometimes
called), shall be one hundred and eighty (180) calendar days after the Effective Date,
unless otherwise mutually agreed upon by Buyer and Seller,
7.02 Items to be Delivered at the Closing.
(a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or
the Title Company, at the expense of the party designated herein, the following
Contract of Sale
items;
(i) The Title Policy, in the form specified in Article III, Section 3.05;
(ii) The Special Warranty Deed, substantially in the form as attached hereto as
Exhibit "B", subject only to the Permitted Exceptions, if any, duly
executed by Seller and acicnowledged;
(iii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
(b) Buyer• At the Closing, Buyer shall deliver to Seller or the Title Company, the
following items:
(i) The sum required by Article II, Section 2.O1, less the Earnest Money and
interest earned thereon, in the form of a checic or cashier's checic or other
immediately available funds;
(ii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in
this Contract and without limiting the general application of the provisions of Section
5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing,
The following item shall be adjusted or prorated between Seller and Buyer with respect to
the Property:
(a) Ad valorem taxes relating to the Property for the calendar year in which the
Closing shall occur shall be prorated between Seller and Buyer as of the Closing
Date. If the actual amount of taxes for the calendar year in which the Closing
shall occur is not lcnown as of the Closing Date, the proration at Closing shall be
based on the amount of taxes due and payable with respect to the Property for the
preceding calendar year. As soon as the amount of taxes levied against the
Property for the calendar year in which Closing shall occur is ltnown, Seller and
Buyer shall readjust in cash the amount of taxes to be paid by each party with the
result that Seller shall pay for those taxes attributable to the period of time prior to
the Closing Date (including, but not limited to, subsequent assessments for prior
years due to change of land usage or ownership occurring prior to the Closing
Date) and Buyer shall pay for those taxes attributable to the period of time
commencing with the Closing Date.
7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at
Closing.
7.05 Costs of Closing. Each party is responsible for paying the legal fees of its
counsel, in negotiating, preparing, and closing the transaction contemplated by this
Contract of Sale
Contract. Seller is responsible for paying fees, costs and expenses identified herein as
being the responsibility of Seller. Buyer is responsible for paying fees, costs and
expenses identified herein as being the responsibility of Buyer. If the responsibility for
such costs or expenses associated with closing the transaction contemplated by this
Contract are not identified herein, such costs or expenses shall be allocated between the
parties in the customary manner for closings of real property similar to the Property in
Denton County, Texas.
ARTICLE VIII
DEFAULTS AND REMEDIES
8.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any
one or more of the following events:
(i) Any of Seller's warranties or representations contained in this Contract are
untrue on the Closing Date; or
(ii) Seller fails to meet, comply with or perform any covenant, agreement,
condition precedent or obligation on Seller's part required within the time
limits and in the manner required in this Contract; or
(iii) Seller fails to deliver at Closing, the items specified in Article VII,
Section 7.02(a) of this Contract for any reason other than a default by
Buyer or termination of this Contract by Buyer pursuant to the terms
hereof prior to Closing.
(b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's
sole and exclusive remedies for the default, may, at Buyer's sole option, do any of
the following:
(i) Terminate this Contract by written notice delivered to Seiler in which
event the Buyer shall be entitled to a return of the Earnest Money, and
Seller shall, promptly on written request from Buyer, execute and deliver
any documents necessary to cause the Title Company to return to Buyer
the Earnest Money;
(ii) Enforce specific performance of this Contract against Seller, requiring
Seller to convey the Property to Buyer subject to no liens, encumbr�ances,
exceptions, and conditions other than those shown on the Title
Commitment, whereupon Buyer shall waive title objections, if any, and
accept such title without reduction in Purchase Price on account of title
defects and shall be entitled to assert any rights for damages based on
Seller's representations, warranties and obligations that are not waived by
Buyer by its acceptance of Seller's title; and
Contract of Sale
(iii) Seelc other recourse or relief as may be available to Buyer at or by law,
equity, contract or otherwise.
8.02 Buyer's Default and Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver
at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for
any reason other than a default by Seller under this Contract or termination of this
Contract by Buyer pursuant to the terms hereof prior to Closing.
(b) Seller's Remedy, If Buyer is in default under this Contract, Seller, as Seller's
sole and exclusive remedies for the default, may, at Seller's sole option, do either
one of the following:
(i) Terminate this Contract by written notice delivered to Buyer in which
event the Seller shall be entitled to a return of the Earnest Money, and
Buyer shall, promptly on written request from Seller, execute and deliver
any documents necessary to cause the Title Company to return to Seller
the Earnest Money; or
(ii) Enforce specific performance of this Contract against Buyer.
ARTICLE IX
MISCELLANEOUS
9.01 Notice, All notices, demands, requests, and other communications required
hereunder shall be in writing, delivered, unless expressly provided otherwise in this
Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be
deemed to be delivered and received, upon the earlier to occur of (a) the date provided if
provided by telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a
regularly maintained receptacle for the United States Mail, registered or certified, return
receipt requested, postage prepaid, addressed as follows:
SELLER: BUYER:
Gary Dennis Dillard City of Denton
Paul Williamson
Real Estate and Capital Support
Telecopy 901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
Contract of Sale
Copies to:
For Seller:
Telecopy:
For Bu,�
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
9.02 Governing Law and Venue. This Contract is being executed and delivered and
is intended to be performed in the State of Texas, the laws of Texas governing the
validity, construction, enforcement and interpretation of this Contract. THIS
CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY
ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE 1N DENTON
COUNTY, TEXAS.
9.03 Entirety and Amendments. This Contract embodies the entire agreement
between the parties and supersedes all prior agreements and understandings, if any,
related to the Property, and may be amended or supplemented only in writing executed
by the party against whom enforcement is sought.
9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller
and Buyer, and their respective successors and assigns. If requested by Buyer, Seller
agrees to execute, acicnowledge and record a memorandum of this Contract in the Real
Property Records of Denton County, Texas, imparting notice of this Contract to the
public.
9.05 Rislc of Loss. If any damage or destruction to the Property shall occur prior to
Closing, or if any condemnation or any eminent domain proceedings are threatened or
initiated by an entity or party other than Buyer that might result in the taking of any
portion of the Property, Buyer may, at Buyer's option, do any of the following:
(a) Terminate this Contract and withdraw from this transaction without cost,
obligation or liability, in which case the Earnest Money shall be immediately
returned to Buyer; or
(b) Consummate this Contract, in which case Buyer, with respect to the Property,
shall be entitled to receive any (i) in the case of damage or destruction, all
insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the
Property related to the eminent domain proceedings.
Buyer shall have a period of up to ten (10) calendar days after receipt of written
notification from Seller on the final settlement of all condemnation proceedings or
Contract of Sale
insurance claims related to damage or destruction of any improvement located on
the Property, in which to make Buyer's election. In the event Buyer elects to
close prior to such final settlement, then the Closing shall take place as provided
in Article VII, above, and there shall be assigned by Seller to Buyer at Closing all
interests of Seller in and to any and all insurance proceeds or condemnation
awards which may be payable to Seller on account of such event. In the event
Buyer elects to close upon this Contract after final settlement, as described above,
Closing shall be held five (5) business days after such final settlement,
9.06 Further Assurances. In addition to the acts and deeds recited in this Contract
and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller
and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed
and/or delivered at the Closing or after the Closing, any further deeds, acts, and
assurances as are reasonably necessary to consummate the transactions contemplated
hereby. Notwithstanding anything to the contrary contained in this Contract and without
limiting the general application of the provisions of Section 5.03, above, the provisions
of this Article IX, Section 9.06 shall survive Closing.
9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time
is of the essence with respect to this Contract.
9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are
incorporated in and made a part of, this Contract for all purposes.
9.09 Delegation of Authority. Authority to take any actions that are to be, or may be,
talcen by Buyer under this Contract, including without limitation, adjustment of the
Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of
Denton, Texas, to Phil Williams, General Manager/Electric Administration of Buyer, or
his designee,
9.10 Contract Execution. This Contract of Sale may be executed in any number of
counterparts, all of which talcen together shall constitute one and the same agreement, and
any of the parties hereto may execute this Agreement by signing any such counterpart,
9.11 Business Days. If the Closing Date or the day of performance required or
permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then
the Closing Date or the date of such performance, as the case may be, shall be the next
following regular business day.
9.12 Relocation. Relocation advisory services and relocation iinancial assistance, if
applicable pursuant to Ordinance No. 2012-073 (the "Relocation Ordinance"), shall be
administered as provided by the Relocation Ordinance, aside and apart from the
transaction contemplated by this Contract.
Contract of Sale
SELLER:
Gary Dennis Dillard
Executed by Seller on the day of , 2012.
BUYER:
:
GEORGE C, CAMPBELL, CITY MANAGER
Executed by Buyer on the day of , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
, ,I
BY; ' . - ��..�.�.m�
�
Contract of Sale
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acicnowledges receipt of an executed copy
of this Contract, Title Company agrees to comply with, and be bound by, the terms and
provisions of this Contract and to perform its duties pursuant to the provisions of this
Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as
amended from time to time, and as further set forth in any regulations or forms
promulgated thereunder.
TITLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 3 81-1006
Telecopy: (940) 898-0121
I:
Printed Name:
Title:
Contract receipt date: , 2012
Contract of Sale
EXHIBIT "A"
to
Contract of Sale
Legal Description
Of
Property
BEING all that certain lot, tract or parcel of land situated in the M.E,P. & P,R,R, Survey,
Abstract Number 1475, City of Denton, Denton County, Texas, and being a part of a tract
of land described by deed to Gary Dennis Dillard and wife, Jaymi Chris Dillard, recorded
in Volume 1188, Page 730 of the Deed Records, Denton County, Texas (D.R,D.C,T.) and
being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for a southeast corner of said Dillard tract and
the northeast corner of a tract of land described by deed to Staff Realty, recorded under
County Clerlc's File Number 94-6845, Official Public Records, Denton County, Texas
(O.P.R.D.C,T.), same point being in the west line of a tract of land described by deed to
Joan Cohagen, Trustee of the Joan Cohagen Living Trust, recorded under Instrument
Number 2005-69429, O.P.R.D.C.T.;
THENCE South 89 degrees 27 minutes 42 seconds West, with the north line of said Staff
Realty tract for a distance of 218.49 feet to a 1/2 inch iron rod with yellow cap stamped
"Arthur Surveying Company" (ASC) set for the southwest corner of said Dillard tract and
the most southerly southeast corner of a tract of land described by deed to Gerard Roland
Vela and Emma Lamar Vela, recorded in Volume 3225, Page 252, D.R.D.C.T.;
THENCE North 00 degrees 11 minutes 09 seconds West, with the east line of said Vela
tract, a distance of 456.97 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set
for most easterly northeast corner of said Vela tract and the southeast corner of a tract of
land described by deed to Brian Carter and Brenda Carter, recorded under Instrument
Number 2010-121541, O.P.R.D.C,T.;
THENCE North 00 degrees 22 minutes 52 seconds West, with the east line of said Carter
tract, a distance of 301.55 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set
for the northwest corner of said Dillard tract and the northeast corner of said Carter tract,
same point being in the south right-of-way line of McKinney Street;
THENCE South 72 degrees 31 minutes 21 seconds East, with the south right-of-way line
of McKinney Street, a distance of 169.25 feet to a 1/2 inch iron rod found for the most
northerly northeast corner of said Dillard tract and the northwest corner of a tract of land
described by deed to Bobby R, Mitchell and Corine Mitchell, recorded in Volume 419,
Page 22, D.R.D.C.T,;
Contract of Sale
THENCE South 00 degrees 47 minutes 38 seconds West, with the west line of said
Mitchell tract, a distance of 177.14 feet to a 1/2 inch iron rod with yellow cap stamped
"ASC" set for an inner ell corner of said Dillard tract and the southwest corner of a tract
of land described by deed to Bobby R. Mitchell and Corine Mitchell, recorded in Volume
473, Page 673, D.R.D,C.T,;
THENCE North 89 degrees 50 minutes 45 seconds East, with the south line of said
Mitchell tract (Vol. 473, Pg. 673), a distance of 74.79 feet to a 1/2 inch iron rod with
yellow cap stamped "ASC" set for the most easterly northeast corner of said Dillard tract
and the southeast corner of said Mitchell tract (Vol. 473, Pg. 673), same point being in
the west line of said Cohagen tract;
THENCE South O1 degrees 16 minutes 43 seconds West, with the west line of said
Cohagen tract, a distance of 528.84 feet to the POINT OF BEGINNING and containing
3.480 acres of land, more or less.
Contract of Sale
EXHIBIT "B"
to
Contract of Sale
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WAI2RANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
That Gary Dennis Dillard, a single person ( herein called "Grantor"), for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and
valuable consideration to Grantor in hand paid by the City of Denton, Texas, a Texas
Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton,
Texas 76201, the receipt and sufficiency of which are hereby acicnowledged and
confessed, subject to the reservations set foi�th below, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee
all the real property in Denton County, Texas being particularly described on Exhibit
"A", attached hereto and made a part hereof for all purposes, and being located in
Denton County, Texas, together with any and all rights or interests of Grantor in and to
adjacent streets, alleys and rights of way and together with all and singular the
improvements and fixtures thereon and all other rights and appurtenances thereto
(collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on
and under and that may be produced from the Propei�ty. Grantor, his heirs, devisees,
Contract of Sale
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanlcs or tanlc
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral suppoi�t for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas and
other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated
hydrocarbons) that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy
the surface of the Property; and (ii) all substances (except oil and gas) which are at or
near the surface of the Property. The intent of the parties hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v.
Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the
surface of the eai�th to a depth of five hundred feet (500') below the surface of the earth
and all areas above the surface of the earth.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
Contract of Sale
claiming or to claim the same or any part thereof when the claim is by, through, or under
Grantor but not otherwise.
EXECUTED the
THE STATE OF
COUNTY OF
day of , 2012
Gary Dennis Dillard
ACKNOWLEDGMENT
�
�
This instrument was acknowledged before me on
, 2012 by Gary Dennis Dillard.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, TX 76209
Contract of Sale
Notary Public, State of Texas
My commission expires:
Send Tax Billing Statements To:
The City of Denton
Attn; Finance Department
215 East McKinney Street
Denton, Texas 76201
EXHIBIT "A"
to
Special Warranty Deed
Legal Description
Of
Property
BEING all that certain lot, tract or parcel of land situated in the M.E,P. & P,R.R. Survey,
Abstract Number 1475, City of Denton, Denton County, Texas, and being a part of a tract
of land described by deed to Gary Dennis Dillard and wife, Jaymi Chris Dillard, recorded
in Volume 1188, Page 730 of the Deed Records, Denton County, Texas (D.R,D.C.T.) and
being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for a southeast corner of said Dillard tract and
the northeast corner of a tract of land described by deed to Staff Realty, recorded under
County Clerlc's File Number 94-6845, Official Public Records, Denton County, Texas
(O,P.R.D.C.T.), same point being in the west line of a tract of land described by deed to
Joan Cohagen, Trustee of the Joan Cohagen Living Trust, recorded under Instrument
Number 2005-69429, O,P.R.D.C.T.;
THENCE South 89 degrees 27 minutes 42 seconds West, with the nor-th line of said Staff
Realty tract for a distance of 218,49 feet to a 1/2 inch iron rod with yellow cap stamped
"Arthur Surveying Company" (ASC) set for the southwest corner of said Dillard tract and
the most southerly southeast corner of a tract of land described by deed to Gerard Roland
Vela and Emma Lamar Vela, recorded in Volume 3225, Page 252, D,R.D.C,T.;
THENCE North 00 degrees 11 minutes 09 seconds West, with the east line of said Vela
tract, a distance of 456.97 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set
for most easterly northeast corner of said Vela tract and the southeast corner of a tract of
land described by deed to Brian Cai�ter and Brenda Carter, recorded under Instrument
Number 2010-121541, O.P.R,D.C.T.;
THENCE North 00 degrees 22 minutes 52 seconds West, with the east line of said Carter
tract, a distance of 301,55 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set
for the northwest corner of said Dillard tract and the northeast corner of said Carter tract,
same point being in the south right-of-way line of McKinney Street;
THENCE South 72 degrees 31 minutes 21 seconds East, with the south right-of-way line
of McKinney Street, a distance of 169.25 feet to a 1/2 inch iron rod found for the most
northerly northeast corner of said Dillard tract and the northwest corner of a tract of land
described by deed to Bobby R. Mitchell and Corine Mitchell, recorded in Volume 419,
Page 22, D,R.D.C.T,;
Contract of Sale
THENCE South 00 degrees 47 minutes 38 seconds West, with the west line of said
Mitchell tract, a distance of 177.14 feet to a 1/2 inch iron rod with yellow cap stamped
"ASC" set for an inner ell corner of said Dillard tract and the southwest corner of a tract
of land described by deed to Bobby R Mitchell and Corine Mitchell, recorded in Volume
473, Page 673, D.R.D.C,T.;
THENCE North 89 degrees 50 minutes 45 seconds East, with the south line of said
Mitchell tract (Vol. 473, Pg, 673), a distance of 74,79 feet to a 1/2 inch iron rod with
yellow cap stamped "ASC" set for the most easterly northeast corner of said Dillard tract
and the southeast corner of said Mitchell tract (Vol. 473, Pg. 673), same point being in
the west line of said Cohagen tract;
THENCE South Ol degrees 16 minutes 43 seconds West, with the west line of said
Cohagen tract, a distance of 528.84 feet to the POINT OF BEGINNING and containing
3.480 acres of land, more or less.
Contract of Sale
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
ALIgLISt %, ZOIZ
Materials Management
Jon Fortune �"
Questions concerning this
acquisition may be directed
to P. S. Arora at 349-7189
Consider adoption of an ordinance authorizing the City Manager or his designee to execute a
Professional Services Agreement (PSA) with Teague, Nall, and Perlcins, Inc. for Engineering
Services relating to the Downtown Master Drainage Plan; and providing for an effective date
(RFQ 4935—awarded to Teague, Nall, & Perlcins, Inc. in the amount of $103,900).
RFp INFORMATION
The Downtown Implementation Plan (DTII') was accepted by the City Council on Augtist 17,
2010 by Resolution. To implement the improvements envisioned in the DTIl' consultant study
approved by the Council, drainage improvements in the downtown area are a necessary
component for future development. In addition the Tax Increment Financing Board was created
that encompasses the DTII' area generally and would expedite availability of funding for
infrastnicture improvements in the TIF/DTIP area. Exhibit 1 shows the linuts of the TIF and
DTII' areas and the extent of the FEMA floodplains that impact the downtown area. The
TIF/DTIl' area is also considerably impacted by street flooding during intense storms.
Since the TIF provides a means to accumulate funds for infrastnicture improvements that would
include drainage improvements, it is necessary to include the area encompassed by the TIF
boundary in a drainage study. The only area that is in the DTIP and outside of the TIF area is
Qualcertown Parlc and the City of Denton Municipal Building located at 215 E. McKinney St. As
such, the decision was made to include all areas encompassed by the TIF and DTIP in the
Downtown Drainage Master Plan. This master plan would allow future development projects to
use the results of the master plan for necessary drainage improvements. The intent is to size all
drainage infrastnicture within the TIF/DTIl' boundary using a sophisticated computer model so
that future development projects can use the results of this model and expedite approval of the
proj ects. Upon completion and acceptance of the master drainage study, the need to do extensive
drainage studies on an individual project basis for proposed developments will be eliminated.
Agenda Information Sheet
ALIgLISt %, ZOIZ
Page 2
RFp INFORMATION (CONTINUED)
In general, the services to be provided will include a complete basin hydrologic and hydraulic
analysis within the study area. At the completion of the scope of work, sufficient tables and
exhibits will be submitted to describe proposed pipe size and inlet locations to meet the City's
current design criteria along with Opinions of Probable Constniction Cost. The Scope of Worlc
also includes preparation of the final report covering all aspects of the analyses and results.
To accomplish this RFQ 4935 (Exhibit 2) was issued to the consultants listed below:
Dunaway Associates
Freese & Nichols, Inc
Huitt Zollars, Inc.
Michael Baker Corporation
Teagtie, Nall, & Perlcins, Inc
Four of the qualified firms invited to submit RFQs have offices in Denton. Proposals were due
on April 10, 2012. The Selection Committee consisting of city's engineers and drainage
operations staff reviewed the five proposals and ranlced the firms based on the criteria established
in the RFQ (Exhibit 3-Evaluation Team Ranlcing). The Selection Committee ranlced the Teague
Nall & Perlcins, Inc. (TNP) team the highest. Staff then negotiated a scope of work and cost
proposal with the TNP team.
The final negotiated Scope of Worlc and Cost Proposal is included as Exhibit 4. This scope and
cost proposal were established over several meetings and bacic and forth negotiations with the
Consultant. The scope meets the TIF/DTIP fully developed conditions drainage study needs, and
the negotiated cost is reasonable for a study of this complexity using the sophisticated Infoworlcs
Model with 2-dimensional modeling included in the scope of worlc.
RECOMMENDATION
Staff recommends approval of a Professional Services Agreement with Teague, Nall, & Perlcins,
Inc. for Engineering Services relating to the Downtown Master Drainage Plan in the amount of
$103,900.
PRINCIPAL PLACE OF BUSINESS
Teagtie, Nall, & Perlcins, Inc.
Denton, TX
Agenda Information Sheet
ALIgLISt %, ZOIZ
Page 3
ESTIMATED SCHEDULE OF PROJECT
The master drainage study is estimated to be completed within 6 months after issuance of the
purchase order.
FISCAL INFORMATION
The Engineering Services will be funded from Bond account 650092561.1360.40100.
Requisition 109605 has been entered in the Purchasing software system.
EXHIBITS
Exhibit L Map of TIF/DTII' Area
Exhibit 2: RFQ 4935
Exhibit 3: Evaluation Team Ranlcing
Exhibit 4: Teagtle, Nall, & Perlcins, Inc
1-.�IS-KFQ �93�
Scope of Work and Cost Proposal
Respectfully submitted:
. �
�`�`���--���--
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
Exhibit 2
The City of Denton
Procurement Department
901-B Texas Street
Denton, Texas 76209
Purchasing@cityofdenton.com
REQUEST FOR QUALIFICATIONS
(RFQ) 4935
PROFESSIONAL SERVICES
fo r
DOWNTOWN DRAINAGE MASTER PLAN
Issue Date: March 19, 2012
Response due Date and Time (CST):
Tuesday, Apri110, 2011, 2:00 p.m.
City of Denton
RFQ 4935 for powntown Drainage Master Plan
REQUEST FOR QUALIFICATIONS
FOR PROFESSIONAL SERVICES
FOR DOWNTOWN DRAINAGE MASTER PLAN
RFQ No. 4935
L INTRODUCTION
The City of Denton is interested in receiving proposals to contract with a qualified engineering
consulting firm to render the following professional services in connection with the development
of the Downtown Drainage Master Plan for the City of Denton (the City) to be completed within
180 days of receiving the notice to proceed. The study area is comprised of the combination of
the Tax Increment Finance District (TIF) and Downtown Implementation Plan (DTIP)
boundaries including contributing drainage areas as shown in Attachment 1.
The effort of the consultant will include the complete basin hydrologic and hydraulic analysis
within the study area. At the completion of the scope of worlc, sufficient tables and exhibits will
be submitted to describe proposed pipe size and inlet locations to meet the City's current design
criteria along with Opinions of Probable Constniction Cost. It also includes preparation of the
final report covering all aspects of the analyses and results.
Receipt of appropriate responses to this Request for Qualifications (RFQ) comprises the initial
phase of identifying and selecting a qualified and available team to perform this worlc.
The following firms (listed alphabetically) are being considered for this project:
Dunaway Associates
Freese & Nichols, Inc
Huitt Zollars, Inc.
Michael Baker Corporation
Teague Nall & Perlcins Inc
IL SCOPE OF WORK
The basic scope of services proposed for this proj ect includes the following:
Task 1- Project Management and Meetings: The Engineer will provide Project Management
services, including proj ect coordination and communications with the City, monthly status
reporting, and three (3) client meetings, including one (1) client lcicicoff ineeting.
Task 2- Data Collection, Review and Field Survey: This taslc includes assessments,
investigations and an inventory process to compile a comprehensive understanding of the City's
existing stormwater plans and st�idies within the study area.
Page 2 of 29
City of Denton
RFQ 4935 for powntown Drainage Master Plan
1) Prepare a base map for the study area consisting of aerial photography, two-foot topography,
and existing storm drain infrastnicture obtained from the City. Obtain available GIS files, CAD
files, topographic maps, zoning maps, thoroughfare master plan, previous studies/plans and land
use maps from the City. If adequate information is not available from the City, then the City will
need to authorize Additional Services for the Engineer to prepare this information.
2) Collect City standards including typical street and alley sections and standard drainage details
including DTIP (Downtown Implementation Plan) standards.
3) The City will provide previous drainage studies performed within the study area of the
Proj ect.
4) Obtain "As-Built" plans for streets, storm drains, culvert/bridge crossings and channel
improvements along the proj ect stream study linuts within identified study areas.
5) Perform field visits to evaluate general watershed and hydraulic conditions. The Engineer will
field verify modeling parameters such as land use and Manning's roughness coefficients (i.e., "n-
values") and document with photographs.
6) Storm sewer pipes will be modeled based on a combination of GIS data and "As-built" plans
provided by the City. If this data is not available, field survey will be required to develop an
existing GIS database of the storm drain system.
7) During project lcicicoff ineeting, obtain input from City Staff to identify lcnown flooding areas
or locations of drainage concern.
8) Field Survey —Conduct field survey of closed system within the st�idy area. Field survey shall
consist of horizontal and vertical locations on City Datum for all visible inlets and manholes
within the street right-of-way and any drainage easements. In addition to surface features, invert
elevations and pipe size and material will be obtained at manhole locations.
Task 3— Existing Conditions Hydrologic/Hydraulic Analysis: This taslc includes hydrologic
and hydraulic analysis to compile a comprehensive understanding of the study area. The results
of this existing condition assessment will be summarized and used in the proposed analysis.
1) The Engineer will use City provided 2-ft topography where available.
2) Delineate drainage areas to the inlet level and develop hydrologic parameters for ultimate
development conditions for areas that flow into areas of interest as defined by the owner.
Document methodology with supporting exhibits.
3) Tailwater conditions for the hydraulic models will be based on existing Pecan Creelc and
affected tributary hydraulic models provided by the owner.
Page 3 of 29
City of Denton
RFQ 4935 for powntown Drainage Master Plan
4) Develop models of the storm sewer networlcs for the 2, 5, 10, 25, 50 and 100-year storm
events using InfoWorlcs SD, dynamic hydraulic modeling software. Models will be developed in
1D. Development of 2D models will be considered an additional service.
5) Identify lcey deficiencies and potential flood hazards such as stnicture flooding, right-of-way
exceedence, and road crossing overtopping throughout the identified networlc. Submit mapping
of color coded pipe capacity/exceedence and node depths for 100-yr existing conditions.
Task 4- Proposed Conditions Analysis: This task includes analyzing proposed local
improvements and coordination with City staff to develop final local improvement
recommendations and corresponding opinions of probable constniction cost.
1) Develop One (1) alternative for each system that will include extending the pipe system,
and/or increasing pipe capacity for the design storm event. Develop recommendations for
proposed inlet locations.
2) Malce recommendations regarding hydraL�lic adeqnacy of receiving channels and creelcs with
respect to their ability to receive increased discharges from improvements. Detailed stndies of
downstream creelcs and channels will be considered an additional service.
3) In consL�ltation with City staff, deternune any areas where regional detention nught be proposed to
elinunate the need for downstream system improvements. Perform calcL�lations for np to 2 different
detention basin scenarios.
4) Prepare conceptnal e�iibits of alternatives and opinions of probable constrnction costs. The
probable constrnction costs will be adeqnate for bndgeting pL�rposes only and will inclnde land
acqL�isition costs where applicable. Right-of-way and easements will be accoLUlted for in cost
estimates based npon information snpplied by the City. Potential major ntility conflicts will also be
considered if the City provides this information.
Task 5- Deliverables
At a nunimLmi, the consL�ltant shall provide the following deliverables:
1) Prepare a final report containing e�iibits, tables, methodologies, proposed pipe sizes and inlet
locations, opinions of probable costs, models, resL�lts of analyses, and CD with electronic files.
2) Snbnut two (2) copies of the draft report for City review. Meet with the City to obtain and review
City comments. Incorporate comments into final report.
3) Snbnut three (3) copies of the final report to the City.
C. PROJECT SCHEDULE
Respondent must demonstrate its ability to complete the services in a timely manner in
accordance with the following schedule:
Page 4 of 29
City of Denton
RFQ 4935 for powntown Drainage Master Plan
Issue Request for Statement of Qualifications 3/19/2012
Receive Statement of Qualifications 4/10/2012
Select Consultant 4/20/2012
Complete Contract Negotiation with Selected Consultant 5/4/2012
Present Recommendation to City Council for award 6/5/2012
Issue Notice to Proceed
IIL SUBMISSION REQUIREMENTS
6/6/2012
The responses should address each of the following areas in the same order in which they are set
forth below:
A. STATEMENT OF INTEREST
Provide a statement of interest pertaining to this specific project, including a statement of
availability to undertalce this project with respect to personnel proposed for the project team and
the time frame defined by the City.
B. PROPOSAL ORGANIZATION
1. Name and Address of respondent and each sub-consultant firm (if applicable)
2. Data and General qualifications for each firm
3. Firm profile, including all sub-consultants as applicable:
a. Age
b. Type of firm (e.g. partnership, professional corporation, etc.)
c. Firm history
d. Firm size (professionals by discipline)
e. Areas of specialty/concentration
£ Telephone number and fax number
4. Description of the team:
a. Identification of the single point of contact for the team.
b. Identification of key personnel for respondent and sub-consultants to be
assigned to the project.
c. Organizational chart illustrating reporting lines and names and titles for lcey
participants proposed by the respondent and each sub-consultant, if
applicable.
5. Resumes for each key individual on the team and definition of that person's role in
developing the design for the subj ect proj ect.
C. RELEVANT EXPERIENCE AND CAPABILITIES
Page 5 of 29
City of Denton
RFQ 4935 for powntown Drainage Master Plan
Relevant experiences and capabilities for the respondent and team members will be judged
through a review of both completed and ongoing projects; however, greater weight will be given
to projects completed in the past 5 years containing the team members proposed.
1. Relevant proj ect experience information to include:
a. Institution name (Owner).
b. Location.
c. Proj ect description with specifics related to proj ect scope.
d. Nature of professional service delivered by your firm(s) on each of these relevant proj ects
including proposed team member participation.
e. Nature of your firm's control on each of these relevant projects (i.e., joint venture, prime
professional, consultant, etc.)
£ List of client references for relevant proj ects with contact name(s)and telephone
number(s).
2. Approach:
State briefly what you believe to be the most pertinent considerations and challenges that
must be addressed in developing this design
3. Discuss your proposed team organization and communication. Be specific with regard to
internal and external communications, quality control, and individual responsibilities.
4. Include anticipated percentage of time that each lcey team member will allocate to the
proj ect, for each phase.
5. Show an outline schedule for the anticipated project duration. Schedule should include each
anticipated phase of work, as you currently understand proj ect scope.
6. Provide a statement of projected deliverables: reports, models, traditional graphics,
computer-generated graphics, data collected, etc.
IV. SELECTION PROCEDURE/DESCRIPTION OF PROCESS
All submissions of interest must be received by 2:00 p.m. (local time) on April 10, 2012 to be
considered.
A. SUBMITTAL OF PROPOSALS:
1. One original copy signed by an officer authorized to bind the company, and four (4)
copies of your completed proposal must be submitted in a sealed envelope by 2:00
p.m. on September 20, 2002. Proposals may be mailed or hand delivered. However,
if sent by mail, the responsibility of timely delivery is entirely up to the proposer.
2. Proposals shall be no more than 25 pages, exclusive of standard firm profile
information.
3. Each sealed proposal shall be properly addressed with the name of the Firm/proposer
and the item description "RFP # 4935 Downtown Drainage Master Plan" written on
the outside of the pacicage and delivered or mailed to:
Page 6 of 29
City of Denton
RFQ 4935 for powntown Drainage Master Plan
City of Denton
Materials Management/Purchasing
901-B Texas Street
Denton, TX 76209
Attn: Elton Brocic
4. Proposals received after 2:00 p.m. on April 10, 2012 will not be considered, and any
proposal received after the scheduled closing time shall be returned to the proposer
unopened.
5. Questions concerning technical issues related to this proposal should be directed to
P. S. Arora, P.E. at (940) 349-7189
6. Questions concerning procurement issues related to this proposal should be directed
to Elton Brocic (940) 349-7133.
B. PROPOSAL WIT�IDRAWAL:
No proposal may be withdrawn after having been formally opened by the City of Denton.
C. LEGAL DISPUTES:
Proposer agrees and stipulates that in the event any litigation should occur concerning or arising
out of any proposals subnutted in response to a Request For Proposal the sole venue of any such
legal action shall be in Denton County Texas.
D. CITY & LICENSES:
Firm must be registered by the State of Texas to provide engineering in the State and have a
Texas registered professional engineer on staf£ Any and all fees and taxes are the responsibility
of the offeror.
E. REJECTION OF PROPOSALS:
The City of Denton reserves the right to:
1. Reject any and all proposals, and
2. Issue subsequent Requests For Proposal.
F. PROPOSER RESPONSIBILITY - PROPOSAL COSTS:
It is to be understood and agreed by offeror that this Request For Proposal does not obligate the
City of Denton to pay any costs incurred by offeror in the preparation and submission of a
proposal, or oral interview.
G. PROPOSALS - PUBLIC INFORMATION:
Page 7 of 29
City of Denton
RFQ 4935 for powntown Drainage Master Plan
After evaluation and Award by the City of Denton, the unsuccessful offeror(s) may request a
debriefing regarding their proposal. Please contact Tom Shaw at the above telephone number.
H. PROPOSAL FORMAT:
Telecopy (facsinule) proposals will not be accepted by the City of Denton.
I. EQUAL OPPORTUNITY/AFFIRMATIVE ACTION:
All Equal Employment Opportunity laws apply to this project.
J. STANDARD REQUIREMENTS:
Any resulting contract will be subject to the standard requirements, terms and conditions of the
City of Denton covering such contracts. An Official and signed copy of the contract
requirements (Agreement) will be furnished to the firm awarded this contract. The Agreement
will be provided to the firm selected as the successful offeror/proposer for the negotiation phase.
The agreement will be part of the negotiation phase. Any objection or modifications to the
Agreement, other than the information needed to consummate it, need to be addressed in the
negotiation phase. The City of Denton reserves the right to consider these objections or
modifications. A sample contract is attached for review.
K. SUB-CONSULTANTS:
The City of Denton reserves the right to approve any sub-consultants proposed for worlc under
this proposal.
L. CANCELLATION:
The City of Denton reserves the right to cancel the contract if the services provided are not
meeting the City of Denton's needs. Notification will be provided in writing. Payment will only
be provided on those services that are performed prior to possible cancellation of the contract.
V. EVALUATION AND SELECTION PROCESS
A. PROPOSAL REVIEW
A Selection Team will review the proposals. This Selection Team will include the Project
Manager and members from within the staff of the City of Denton fanuliar with this proposed
project. Selection for the professional engineering services in this Request will be made on the
basis of demonstrated competence and qualifications to perform the service required. The firms
most highly qualified and responsive to the City of Denton's needs may be invited for an oral
interview, if necessary. Once this selection has been made the City will attempt to negotiate a
contract with the selected firm at a fair and reasonable price. Evaluation of proposals will be
based on the following:
L Identification and understanding of the Agency's requirements for this project.
Page 8 of 29
City of Denton
RFQ 4935 for powntown Drainage Master Plan
FACTOR: 20%
2. Firm's past performance and experience on projects of this magnitude and complexity.
FACTOR: 30%
3. Firm's capability to deliver the proj ect as identified in the schedule.
FACTOR: 10%
4. Experience and qualifications of lcey personnel available for this project.
FACTOR: 40%
B. FURTHER INFORMATION
The City of Denton has the option to request that further information be provided by a firm in
order to complete the evaluation.
C. CONTRACTING
The selected firm will be offered a contract (with possible extensions for future phases, if
applicable) although the City of Denton reserves the right to select other firms for future phases.
D. NOTIFICATION
All proposers will be notified of the firm selected to perform the requested worlc, upon final
determination by the City of Denton.
Page 9 of 29
ATTACHMENTS
SAMPLE CONTRACT
1NSLJRANCE REQUIREMENTS
CONFLICT OF 1NTEREST FORM
PROFESSIONAL SERVICES AGREEMENT
FOR
STATE OF TEXAS �
COUNTY OF DENTON �
THIS AGREEMENT is made and entered into as of the day of
, 20 , 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 , with its
corporate office at , hereinafter called "CONSLTLTANT,"
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 CONSLTLTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services herein in connection with the
Proj ect 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 Proj ect shall include, without linutation, (herein describe proj ect)
ARTICLE II
SCOPE OF SERVICES
The CONSLTLTANT shall perform the following services in a professional manner:
A. The CONSLTLTANT shall perform all those services as necessary and as described in the
OWNER's (describe any request for proposal which the
OWNER has utilized to solicit the CONSLTLTANT's services), which is attached hereto
as Exhibit "A" and is incorporated by reference as if set forth fully herein.
B. To perform all those services set forth in CONSLTLTANT's
(describe any proposal of CONSLTLTANT which has been provided including the date of
said proposal), which proposal is attached hereto as Exhibit "B" and is incorporated by
reference as if set forth fully herein.
Page 11 of 29
C. CONSLTLTANT shall perform all those services set forth in individual taslc orders which
shall be attached to this Agreement and made a part hereof for all purposes as separate
agreements. (If CONSLTLTANT is a professional engineer and you wish to list specific
services of the CONSLTLTANT, please list all specific engineering services to be
provided, including the preparation of detailed plans and specifications.)
D. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or taslc orders.
Additional
OWNER, which
follows:
ARTICLE III
ADDITIONAL SERVICES
(To Be Used if Consultant is an Engineer)
services to be performed by the CONSLTLTANT, if authorized by the
are not included in the above-described Basic Services, are described as
A. During the course of the Project, as requested by OWNER, the CONSLTLTANT will be
available to accompany OWNER's personnel when meeting with the Texas Natural
Resource Conservation Comnussion, U.S. Environmental Protection Agency, or other
regulatory agencies. The CONSLTLTANT will assist OWNER's personnel on an as-
needed basis in preparing compliance schedules, progress reports, and providing general
technical support for the OWNER's compliance efforts.
B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. Such services, if
any, shall be furnished by CONSLTLTANT on a fee basis negotiated by the respective
parties outside of and in addition to this Agreement.
C
�
E.
Sampling, testing, or analysis beyond that specifically included in Basic Services.
Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or
files for the OWNER's use in a future CAD system.
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 constniction
of the Project, including the preparation of engineering data and reports for assistance to
the OWNER.
G. Providing geotechnical investigations for the site, including soil borings, related analyses,
and recommendations.
Page 12 of 29
H. (List any additional services not included in Basic Services.)
ARTICLE III
ADDITIONAL SERVICES
(To Be Used For Other Consultants)
Additional services to be performed by the CONSLTLTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, are described as
follows: (list all additional services that may be required for the project)
I.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSLTLTANT 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 CONSLTLTANT shall make all reasonable efforts
to complete the services set forth herein as expeditiously as possible and to meet the schedule
established by the OWNER, acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as expenses incurred by the CONSLTLTANT in
employment of others in outside firms for services in the nature of
2. "Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSLTLTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and sinular
incidental expenses in connection with that assignment.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSLTLTANT 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 is
incorporated by reference as if set forth fully in this Agreement, a total fee, including
reimbursement for direct non-labor expenses not to exceed
Partial payments to the CONSLTLTANT 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 worlc performed at the time a statement is rendered. The
Page 13 of 29
OWNER may withhold the final five percent (5%) of the contract amount until
completion of the Proj ect.
Nothing contained in this Article shall require the OWNER to pay for any worlc which is
unsatisfactory, as reasonably deternuned by the City Manager or his designee, or which is
not subnutted in compliance with the terms of this Agreement. The OWNER shall not be
required to malce any payments to the CONSLTLTANT when the CONSLTLTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSLTLTANT shall not proceed to perform the services listed
in Article III "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 CONSLTLTANT 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 subnussion by the CONSLTLTANT, and shall be in accordance
with subsection B hereo£ Statements shall not be submitted more frequently than
monthly.
D. PAYMENT: If the OWNER fails to malce undisputed payments due the CONSLTLTANT
for services and expenses within thirty (30) days after receipt of the CONSLTLTANT's
undisputed statement thereof, prompt payment act interest as set forth in Chapter 2251 of
the Texas Government Code shall be paid on the amounts due the CONSLTLTANT. In
addition, the CONSLTLTANT may, if it has not received payment by the thirty-first (315t)
day after receipt of payment, after giving ten (10) days' written notice to the OWNER,
suspend services under this Agreement until the CONSLTLTANT has been paid in full all
amounts due for services, expenses, and charges, provided, however, nothing herein shall
require the OWNER to pay prompt payment act interest if the OWNER has a bona fide
dispute with the CONSLTLTANT concerning the payment or if the OWNER reasonably
determines that the worlc is unsatisfactory, in accordance with this Article V,
"Compensation."
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the worlc of the
CONSULTANT or any subcontractors or subconsultants.
Page 14 of 29
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSLTLTANT (and CONSLTLTANT's
subcontractors or subconsultants) pursuant to this Agreement are instniments of service, and
shall become the property of the OWNER upon the ternunation of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSLTLTANT are intended only to be applicable to this Project, and
OWNER's use of these documents in other projects shall be at OWNER's sole rislc and expense.
In the event the OWNER uses any of the information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein, CONSLTLTANT is
released from any and all liability relating to their use in that proj ect.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSLTLTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSLTLTANT shall not have or claim any right arising from
employee status.
ARTICLE IX
INDEMNITY AGREEMENT
The CONSLTLTANT shall indemnify and save and hold harniless the OWNER and its
officers, agents, and employees from and against any and all liability, claims, demands, damages,
losses, and expenses, including, but not linuted 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 onussions 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 constnied to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE X
INSURANCE
During the 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 A- VII or better:
Page 15 of 29
A. Commercial General Liability Insurance with bodily injury linuts 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
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury linuts of not less than $500,000 for
each person and not less than $500,000 for each accident, and with property damage
linuts of not less than $100,000 for each accident.
C. Worlcers' Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with linuts of not less than $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
E. The CONSLTLTANT 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 CONSLTLTANT 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 subnutting the
dispute to mediation. No mediation arising out of or relating to this Agreement may proceed
without the agreement of both parties to submit the dispute to mediation. The location for the
mediation shall be the City of Denton, Denton County, Texas unless a different location is
agreed to by the parties.
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 ternunation
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than thirty (30) calendar days to cure the
failure; and (2) an opport�inity for consultation with the ternunating party prior to
ternunation.
Page 16 of 29
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSLTLTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of ternunation. The
OWNER shall pay CONSLTLTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to ternunation incurred prior to the date of
ternunation, in accordance with Article V"Compensation." Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Proj ect, CONSLTLTANT shall cooperate in providing information. The CONSLTLTANT
shall turn over all documents prepared or furnished by CONSLTLTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
worlc; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the design or other worlc prepared by the CONSLTLTANT, its
employees, subcontractors, agents, and consultants. CONSLTLTANT retains design
responsibility and liability at all times during this Agreement and after completion of this
Agreement.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to 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 CONSLTLTANT:
To OWNER:
City of Denton
(Name and Title)
215 East McKinney
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
Page 17 of 29
ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting of pages and exhibits, constit�ites 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
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricicen provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSLTLTANT shall comply with all federal, state, and local laws, niles,
regulations, and ordinances applicable to the worlc covered hereunder as they may now read or
hereinafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSLTLTANT shall not discrinunate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XIX
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to 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. CONSLTLTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in worlc shall be qualified, and shall be authorized
and pernutted under state and local laws to perform such services.
Page 18 of 29
C. In those instances deemed necessary by the OWNER, the CONSLTLTANT, its employees
and/or its Sub-consultants shall be required to subnut to bacicground checics.
ARTICLE XX
ASSIGNABILITY
The CONSLTLTANT shall not assign any of its scope of worlc under in this Agreement,
and shall not transfer any of its scope of worlc under this Agreement (whether by assignment,
novation, or otherwise) without the prior written consent of the OWNER. Should the
CONSLTLTANT assign any part of the monies due under this Agreement, CONSLTLTANT is
required to provide written notice of the same to OWNER. Any assignment of monies due under
this Agreement shall not change any of the terms or conditions of this Agreement to include but
not limited to the terms and conditions for payment under this Agreement.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or linutation
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 XXII
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement: (list exhibits)
B. CONSULTANT agrees that OWNER shall, until the expiration of five (5) years after the
final payment or after final completion of all worlc required under this Agreement,
whichever is longer, have access to and the right to examine any directly pertinent boolcs,
documents, papers, correspondence, to include e-mails, and records of the
CONSLTLTANT involving transactions relating to this Agreement. CONSLTLTANT is
required to maintain and malce available all electronic records associated with this
Agreement for purposes of exanunation. CONSLTLTANT agrees that OWNER shall
have access during normal worlcing hours to all necessary CONSLTLTANT facilities and
shall be provided adequate and appropriate worlcing space in order to conduct audits in
compliance with this section. OWNER shall give CONSLTLTANT reasonable advance
notice of intended audits. This paragraph shall worlc in conjunction with the Audit
provision set forth in Article XXIII.
Page 19 of 29
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be constnied in accordance with the laws of the
State of Texas.
D. For the purpose of this Agreement, the lcey persons who will perform most of the worlc
hereunder shall be . However, nothing herein shall
linut CONSLTLTANT from using other qualified and competent members of its firm to
perform the services required herein. CONSLTLTANT understands that OWNER is to be
informed of the removal or loss of any of the key persons worlcing under this Agreement.
CONSULTANT also agrees to provide the OWNER with notice of the name(s) of who it
intends to replace the key person. OWNER shall have a right to rej ect any replacement
lcey person(s) and CONSLTLTANT agrees to name a replacement lcey person(s)
acceptable to the OWNER.
E. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, econonucal, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSLTLTANT shall take such
steps as are appropriate to ensure that the worlc involved is properly coordinated with
related worlc being carried on by the OWNER.
F. The OWNER shall assist the CONSLTLTANT by placing at the CONSLTLTANT's
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Proj ect, and arranging for the access theretq and malce all
provisions for the CONSLTLTANT to enter in or upon public and private property as
required for the CONSLTLTANT to perform services under this Agreement.
G. 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.
ARTICLE XXIII
RIGHT TO AUDIT
The OWNER shall have the right to audit and malce copies of the boolcs, records and
computations pertaining to this agreement. The CONSLTLTANT shall retain such boolcs,
records, documents and other evidence pertaining to this Agreement during the contract period
and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in
which case records shall be lcept until all audit taslcs are completed and resolved. These boolcs,
records, documents and other evidence shall be available, within 10 business days of written
request. Further, the CONSLTLTANT shall also require all Subcontractors, material suppliers,
and other payees to retain all boolcs, records, documents and other evidence pertaining to this
agreement, and to allow the OWNER sinular access to those documents. All boolcs and records
will be made available within a 50 nule radius of the City of Denton. The cost of the audit will
be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the CONSLTLTANT which must be payable within five business days of
receipt of an invoice.
Page 20 of 29
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in the OWNER' S sole discretion, grounds for termination thereof. Each of
the terms "boolcs", "records", "documents" and "other evidence", as used above, shall be
constnied to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSLTLTANT has executed this Agreement
through its duly authorized undersigned officer on this the day of
20 .
CITY OF DENTON, TEXAS
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:•
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
I:
WITNESS:
I�
CONSULTANT
AUTHORIZED SIGNATLJRE, TITLE
Page 21 of 29
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONSULTANTS
The Offeror's/Bidder's attention is directed to the insurance requirements below.
It is high/y recommended that offerors/bidders confer with their respective
insurance carriers or brokers to determine in advance of its proposal or bid
submission the availability of insurance certificates and endorsements as
prescribed and provided herein. If an offeror/apparent low bidder fails to comply
strictly with the insurance requirements, that offeror/bidder may be disqualified
from award of the contract. Upon award, all insurance requirements shall
become contractual obligations, which the successful offeror/bidder shall have a
duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Consultant/Contractor,
the Consultant/Contractor shall provide and maintain until the contracted work has been
completed and accepted by the City of Denton, Owner, the minimum insurance
coverage as indicated hereinafter.
As soon as practicable after notification of award, Consultant/Contractor shall file with
the Purchasing Department satisfactory certificates of insurance, containing the
proposal/bid number and title of the project. Consultant/Contractor may, upon written
request to the Purchasing Department, ask for c/arification of any insurance
requirements at any time; however, Consultants/Contractors are strongly advised to
make such requests prior to proposal/bid opening, since the insurance requirements
may not be modified or waived after proposal/bid opening unless a written exception
has been submitted with the proposal/bid. Consultant/Contractor shall not
commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these genera/ specifications throughout the duration of the Contract, or longer, if so
noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M Best Company rating of at least A- VII or better.
• An�T deductibles or self-insured retentions shall be declared in the proposal or bid. If requested
b�T the Cit�T, the insurer shall reduce or eliminate such deductibles or self-insured retentions
���ith respect to the Cit�T, its officials, agents, emplo�Tees and volunteers; or, the
Consultant/Contractor shall procure a bond guaranteeing pa�Tment of losses and related
investigations, claim administration and defense eipenses.
• Liability policies shall be endorsed to provide the following:
Page 22 of 29
Name as Additional Insured the City of Denton, its Officials, Agents,
Employees and volunteers.
That such insurance is primary to any other insurance available to the
Additional Insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
Cccncellcction: City �equi�es 30 dccy w�itten notice should ccny of the policies
desc�ibed on the ce�tifcccte be cccncelled o� mate�icclly chccnged befo�e the
expi�cction dccte.
Should any of the required insurance be provided under a claims-made form,
Consultant/Contractor shall maintain such coverage continuously throughout
the term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract term
which give rise to claims made after expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate linut, the
Consultant/Contractor shall either double the occurrence limits or obtain
Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
Page 23 of 29
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insu�ance policies p�oposed o� obtained in satisfaction of this Cont�act shall additionally
C01�2�%y 11�d/�/ /�/E', f0%%011�/Yl�' 1�2C/1'%iE',L� S�E',CdfdCC//dOYlS, C/YIL� S�/C/%% hE', 1�2C/dYl/C/dYlE',L� dYl C01�2�%dC/YICE', 11�d/�/
/�/E',SE', C/L�L�d/d()YIC/% S�E',CdfdCC//dOYlS /�/1'O1l�'�/O1!/ /�/E', L�1l1'C//dOYl Of /�/E', ��OYI/1'C/C/, OI' %()Yl�'E',1', df SO YIO/E',L�:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $500,000.00
shall be provided and maintained by the Contractor. The policy shall be written on
an occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Linuts (CSL) of not less than $500,000.00 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any autq or
all owned, hired and non-owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Worlcers' Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability linuts of at least $100,000 for each accident, $100,000 per each
employee, and a$500,000 policy linut for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any worlc
performed for the City by the Named Insured. For building or constniction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labor Code and nile 28TAC 110.110 of the Texas Worlcers'
Compensation Commission (TWCC).
�] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the worlc under this contract, an Owner's and Contractor's Protective Liability insurance
policy nanung the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[X] Professional Liability Insurance
Professional liability insurance with linuts not less than $1,000,000.00 per claim with
respect to negligent acts, errors or onussions in connection with professional services is
required under this Agreement.
�] Builders' Risk Insurance
Builders' Rislc Insurance, on an All-Rislc form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
�] Commercial Crime
Provides coverage for the theft or disappearance of cash or checics, robbery inside/outside
the prenuses, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a"blanlcet" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
Page 25 of 29
ATTACHMENT 1
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
worlcers' compensation insurance coverage for the person's or entity's employees
providing services on a proj ect, for the duration of the proj ect.
Duration of the project - includes the time from the beginning of the worlc on the
proj ect until the contractor's/person's worlc on the proj ect has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the proj ect, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without linutation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
stat�itory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the proj ect, for the duration of the proj ect.
C. The Contractor must provide a certif�icate of coverage to the governmental entit�T prior to
being a��� arded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the proj ect, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
Page 26 of 29
1) a certificate of coverage, prior to that person beginning worlc on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the proj ect; and
2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the proj ect.
F. The contractor shall retain all required certificates of coverage for the duration of the
proj ect and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor lcnew or should have lcnown, of
any change that materially affects the provision of coverage of any person providing
services on the proj ect.
H. The contractor shall post on each proj ect site a notice, in the te�t, form and manner
prescribed by the Texas Worlcers' Compensation Comnussion, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lacic of coverage.
L The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the proj ect, for the duration of the proj ect;
2) provide to the contractor, prior to that person beginning worlc on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the proj ect, for the duration of the proj ect;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the proj ect;
4) obtain from each other person with whom it contracts, and provide to the
contractor:
a) certificate of coverage, prior to the other person beginning worlc on the
proj ect; and
b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
Page 27 of 29
5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person lcnew or should have lcnown, of any change that
materially affects the provision of coverage of any person providing services on
the proj ect; and
7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) -(7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by worlcers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing
false or nusleading information may subject the contractor to adnunistrative penalties,
crinunal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
Page 28 of 29
CONFLICT OF INTEREST (�IJESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular OFFICE USE ONLY
Session.
Date Received
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by
a person who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government
entity not later than the 7th business day after the date the person becomes aware of facts that
require the statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense underthis section is a Class C misdemeanor.
� Name of person who has a business relationship with local governmental entity.
2
� Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7t"
business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an employment or other
business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from
the filer of the questionnaire?
0 Yes 0 No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of
the local government officer named in this section AND the taxable income is not received from the local governmental entity?
0 Yes 0 No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
0 Yes 0 No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental Date
entity
Page 29 of 29
Exhibit 3
City of DeMOn RFQ4935 for powMOwn Dreinage Master Plan
Consulting Firm (Please rete 1 to 10, 10 being the highest score possible)
EvaluatingDepartmen EvaluationBasis Freese & Nichols Teague Nall & Perkins Dunaway & Associates Huitt Zollars
Water Engineering Identification and understanding of the City's requirementsforthis project 9 9.5 5 9
Firm's past performance and experience on projects of this magnitude and complexity 9 9 7 9
Firm's capability to deliverthe project as identified on the schedule 9 9 9 9
Experience and qualifications of key personnel availableforthis project 9 9.5 7 9
Dreinage Identification and understanding of the City's requirementsforthis project 10 S 7 S
Firm's past performance and experience on projects of this magnitude and complexity 9 9 7 S
Firm's capability to deliverthe project as identified on the schedule S S S S
Experience and qualifications of key personnel availableforthis project S 9 7 S
Planning Identification and understanding of the City's requirementsforthis project 9 9 7 9
Firm's past performance and experience on projects of this magnitude and complexity S S 7 S
Firm's capability to deliverthe project as identified on the schedule S S 7 S
Experience and qualifications of key personnel availableforthis project 9 S 7 7
Dreiange Identification and understanding of the City's requirementsforthis project 9 10 S 10
Firm's past performance and experience on projects of this magnitude and complexity S 9 7 9
Firm's capability to deliverthe project as identified on the schedule 9 10 9 10
Experience and qualifications of key personnel availableforthis project S 9 7 9
Averege Score: Identification and understanding of the City's requirementsforthis project 9.25 9.125 6.75 9
Firm's past performance and experience on projects of this magnitude and complexity S.5 5.75 7 S.5
Firm's capability to deliverthe project as identified on the schedule S.5 5.75 5.25 5.75
Experience and qualifications of key personnel availableforthis project S.5 S.S75 7 5.25
Factor: Identification and understanding of the City's requirementsforthis project 20% 20% 20% 20%
Firm's past performance and experience on projects of this magnitude and complexity 30% 30% 30% 30%
Firm's capability to deliverthe project as identified on the schedule 10% 10% 10% 10%
Experience and qualifications of key personnel availableforthis project 40% 40% 40% 40%
Weighted Scores: Identification and understanding of the City's requirementsforthis project 1.55 1.525 1.35 1.S
Firm's past performance and experience on projects of this magnitude and complexity 2.55 2.625 2.1 2.55
Firm's capability to deliverthe project as identified on the schedule O.SS O.S75 O.S25 O.S75
Experience and qualifications of key personnel availableforthis project 3.4 3.55 2.S 3.3
Total Score 8.65 8.875 7.075 8.525
Exhibit 4
ATTACHMENT'A'
ITEMIZED SCOPE OF SERVICES
DENTON DOWNTOWN DRAINAGE MASTER PLAN
BASIC SERVICES
PROJECT DESCRIPTION
The scope of this project generally consists of preparation of a master drainage plan for the
downtown area, described for these purposes as the area within the Tax Increment Finance
district (TIF) and the Downtown Implementation Plan (DTIP) areas. This area is depicted on
Attachment C, incorporated herein. This master plan is intended to identify the drainage system
infrastructure components that are necessary to provide adequate drainage to the subject area, in
order to allow the City to develop funding mechanisms and to facilitate development. In general,
the scope will include researching and compiling information related to the existing drainage
structures and drainage patterns in the area, evaluating the adequacy of those systems,
recommending improvements to address inadequacies, preparing construction cost estimates for
recommend improvements, and presenting the results of the study both in a report and in
presentation format.
GENERAL
Basis for the Scope of Services
The following assumptions were used by the ENGINEER for the preparation of this scope of
Basic Services:
1. All hydrologic and dynamic hydraulic modeling will be done using Info Works SD
dynamic hydraulic modeling software.
2. Deliverables will not include actual construction-level plans.
3. Proposed improvements will be initially developed using City of Denton criteria
(including proposed criteria based on iSWMM), however, as the analysis proceeds,
the City staff and the ENGINEER will determine whether or not all proposed
improvements will be in accordance with City criteria.
4. Existing drainage facilities will be based on data provided by the City and
supplemented by field surveys. However, there may still be gaps in available data
that require various assumptions to be made. Any such assumptions will be noted
so that the City is aware of where assumptions were made.
Scope of Basic Services
The scope of Basic Services is described as follows:
A. Project Management and Meetings
1. The ENGINEER will manage the project and all sub-consultants throughout the
duration of the project, including coordination with City of Denton staff.
2. The ENGINEER will provide monthly status reports that briefly outline project
status. These status reports can coincide with monthly invoices near the middle
of each month, or may be scheduled to coincide with City staff ineetings or
Attachment A- Page 1 of 7
3. The ENGINEER and the project team will meet as needed with City of Denton
staff during the development of the project. In addition to minor meetings to
discuss specific components of the work we anticipate at least the following
major milestone meetings:
a. Kickoff Meeting
b. Review existing conditions and possible improvement alternatives, along with
initial model runs for 100-year storm improvements
c. Review final recommendations
B. Data Collection and Base Map
1. The ENGINEER will compile existing data provided by the City, including GIS
data (contours, streets, buildings, water and sewer facilities, drainage structures,
and other data as needed), as-built plans, aerial photography, rainfall data, high
water marks, flood photographs, and other available data. Field data collected
by the City, indicating pipe sizes and depths will also be incorporated into the
study. This information is assumed to be accurate and complete. No field
survey is included in the scope of this agreement.
2. The ENGINEER will compile the data into base maps of the study area, to be
used for depicting both existing and proposed conditions.
3. The existing surface mesh will be based on TNRIS LIDAR data, which is already
available for use by the ENGINEER.
4. The ENGINEER will compile existing standards and other data that is publicly
available, including land use and zoning maps, street and drainage standards,
the Downtown Implementation Plan standards, and other pertinent available
data.
5. The ENGINEER will compile pertinent previous drainage studies that will impact
the analysis. It is believed that all the major pertinent studies were prepared by
the ENGINEER under previous contracts, including the Pecan Creek study, the
Upper PEC-4 CLOMR and Study, and the 2004 Finish Floor Survey. This data
will be documented and compiled and made available to the project team.
6. Once existing data is compiled the ENGINEER will conduct limited field visits to
identify drainage structures for which data may not be available. Based on this
reconnaissance, field surveys will be initiated to obtain any missing drainage
information, including pipe sizes and locations, flowlines, inlet sizes and
locations, along with key surface elevations for surface data comparison. Data
provided by the City in the form of GIS data or as-builts will be considered correct
and will not necessarily be field verified.
7. Drainage feature data obtained during this portion of the project will be made
available to the City in a format compatible with the City GIS system.
C. Existing Conditions Analysis
ENGINEER will delineate the watershed based on contour data from the 2009
TNRIS LiDAR and field verification and document existing street, right-of-way,
and storm drain capacities for the subject site. A drainage area map will be
provided to the CITY indicating all drainage boundaries and relevant information
including loss parameters and peak discharges for studied rainfall events.
2. Hydrologic parameters including NRCS Curve Number, percent impervious
cover, and times of concentration will be developed based on information
Attachment A- Page 2 of 7
provided by the city including hydrologic soil group and land use types as well as
on-the ground verification and aerial imagery.
3. Rainfall hyetographs will be developed using the Frequency Storm method and
based on rainfall data for Denton County. Hyetographs will be developed for the
5-, 10-, 25-, 50-, and 100-year rainfall events.
4. ENGINEER will develop a hydrodynamic model of the storm sewer system in the
Downtown Denton area (including the TIF and DTIP overlapping areas) using
InfoWorks SD/2D version 12.5 or higher. The model will include 1-dimensional
analysis of the existing storm sewer system, including all trunk lines.
ENGINEER will utilize available survey data, plans and GIS/CADD information to
develop the model schematic. Any gaps in the data will be inferred using the
terrain information and other known data points. Inlets at a given intersection
shall be modeled in groups unless the ENGINEER and CITY determine that the
inlet capacity is a limiting factor and the inlets should be examined individually.
5. The overland flow routes will be modeled using 2-dimensional analysis with a
triangular mesh developed based on the 2009 LiDAR terrain. The 1 D and 2D
portions of the model will interact at assigned points such as outfalls, inlets, and
unsealed manholes.
6. Hydraulic boundary conditions will be established based on the hydraulic models
for Pecan Creek and Pecan Creek Tributary 4, completed by TNP. The
boundary conditions for the existing conditions model will be based on the
existing conditions hydraulic models for Pecan Creek and Tributary PEC-4. A
rating curve or iSWMM calculations will be used to address the difference in peak
times between the major creeks and the local drainage systems.
7. Troubleshooting of the existing conditions model will be done for the 10- and
100-year storms to establish a baseline of comparison for potential improvement
alternatives, which will be discussed in subsequent sections of this scope. The
ENGINEER will evaluate model stability and proper volume balance over a range
of storm events to ensure accurate results.
8. Calculations regarding street and right-of-way capacities and design discharges
(10-year and 100-year frequencies) at selected critical locations will be provided.
Capacities of existing storm drain will be shown as calculated in the InfoWorks
SD/2D model. All locations in the project area where 100-year runoff exceeds
available storm drain and right-of-way capacities shall be clearly identified.
9. ENGINEER will evaluate the existing conditions model results and identify areas
that have limited storm sewer and/or inlet capacity and highlight areas where
flooding occurs. ENGINEER will use available high water marks as well as
rainfall information and photographs of the downtown flooding for the July 2007
storm in order to validate the model results to the maximum extent practicable.
10. Upon completion of the existing conditions analysis, the ENGINEER and CITY
will meet to discuss the findings and will discuss potential drainage
improvements.
D. Proposed Conditions Analysis and Recommendations
The ENGINEER's responsibility includes recommendations for improvements of
the existing system as deemed reasonable and consistent with CITY standards.
Attachment A- Page 3 of 7
2. ENGINEER will develop a list of possible flood mitigation alternatives. Such
improvements include but are not limited to local detention, pipe and inlet
capacity improvements, impervious cover recommendations for future
development, and others. The items on the conceptual list will be evaluated for
feasibility and up to three (3) alternatives will be selected for further development.
3. ENGINEER will conduct a preliminary analysis of up to three (3) alternatives for
improvements including, but not limited to, pipe capacity increases, inlet capacity
increases, sensitivity to tailwater conditions in Pecan Creek and local detention.
Alternatives considered will be tabulated and identified in the Preliminary Report,
even those alternatives considered and rejected. Additional alternatives will
require a contract amendment. This preliminary analysis may not include
evaluation of every drainage system but will be sufficiently representative to
determine what alternatives warrant detailed analysis.
4. Based on the preliminary analysis, the ENGINEER will prepare a brief
Preliminary report outlining possible improvements and their impact. The report
will also identify the impact of ineeting standard City of Denton design criteria
along with recommendations for deviation from those criteria, if applicable. The
ENGINEER and City staff will meet to discuss the preliminary findings.
5. ENGINEER will evaluate each alternative individually as well as in combination
with other proposed alternatives. Each proposed alternative will be developed
based on the 100-year criteria for the City of Denton. If the alternative needs to
be revised to accommodate economic or physical constraints, then one (1) lower
level of service (10-year, 25-year) will be considered and the alternative will be
adjusted accordingly. The proposed model boundary conditions will include the
proposed condition model for Pecan Creek and PEC-4. A sensitivity analysis will
be done in order to determine the level of influence that the Pecan Creek water
surface elevations have on the storm sewer system in the Downtown area.
Based on the sensitivity analysis results, ENGINEER will determine if the
proposed Pecan Creek improvements will have an effect on the proposed
Downtown drainage improvements and adjust the Downtown recommendations
accordingly.
6. .Results will be presented for each alternative for the 100-year rainfall event
including reductions in flooding for each event specified as well as the number of
structures removed from flooding. If the proposed alternative is developed for a
lower level of service, ENGINEER will provide mapping for the design rainfall
event as well as the 100-year event such that the expected 100-year inundation
is identified for the CITY. The sensitivity analysis results will help determine the
effectiveness of the Pecan Creek improvements on the Downtown storm sewer
system. If it is more cost effective to improve Pecan Creek than to construct
improvements in the Downtown area, those priorities will be reflected in the
Master Plan recommendations.
7. ENGINEER will develop conceptual opinions of probable cost for each alternative
and provide recommendations for potential capital improvement projects. The
opinion of probable cost will be developed for the alternative that meets the City
of Denton drainage design criteria (100-year). If a system with a reduced level of
service (i.e. 10-year) is developed due to costs or other constraints, an opinion of
probable cost will also be provided for one (1) such revised alternative.
Attachment A- Page 4 of 7
ENGINEER will provide guidance regarding the prioritization of the
recommended projects.
8. The ENGINEER will evaluate proposed improvements with regard to available
information about the location of existing major utilities, primarily water and
wastewater. Where possible, conflicts with major utilities will be avoided. Where
utility relocations appear to be necessary, costs for such relocations will be
included in the project cost estimates.
E. Deliverables
Deliverables will include the following:
1. A final report that will contain exhibits, tables, methodologies, recommended
improvements, opinions of probable construction costs, models, and results of
analyses. The submittal process will be in multiple phases as follows:
a. Two (2) hard copies of an initial draft of the Project Report, including existing
conditions analysis and Preliminary proposed conditions analysis will be
submitted for interim review by the City. Upon review by the City the design
team will meet with City staff to discuss. This draft will include:
i. Exhibits that will highlight areas where the existing drainage system
is exceeded and where flooding appears to occur;
ii. A drainage area map of the study area;
iii. Hydrologic parameters and assumptions;
iv. Street and right-of-way capacity calculations;
v. Drainage system capacities;
vi. Results of the sensitivity analysis and the impact of Pecan Creek on
improvement options
vii. Possible improvements alternatives and their impact;
viii. Analysis of areas where design criteria may need to deviate from
standard city of Denton criteria;
ix. A brief evaluation of local detention possibilities;
b. The report will also indicate if additional data is necessary to complete the
analysis. Upon review by the City, the design team will meet with City
staff to discuss the preliminary findings and to determine direction for
completion of the analysis. No cost estimates or detailed design output
will be submitted at this time.
c. Two (2) hard copies of a draft Final Report will be submitted for review by the
City. The draft report will include all exhibits, tables, narrative,
recommendations and cost estimates.
d. Three (3) hard copies of the Final Report will be submitted to the City, along
with electronic files of the report. The electronic files will also include all
models and other back-up data used in the report.
Attachment A- Page 5 of 7
F. Presentations
The ENGINEER will provide the exhibits and deliverables identified herein, and will be
present at up to two presentations to answer questions. City staff will prepare any
necessary PowerPoint materials, and will make the actual presentations.
Attachment A- Page 6 of 7
ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER
The CITY or the CITY's designee will provide or make available to, or assist the ENGINEER in
obtaining the following services, information and materials upon request:
1. Available past studies, correspondence, materials and mapping relative to the project.
2. GIS data depicting contours, streets, buildings, utilities, and other data as requested.
3. As-built records where available.
4. High water mark data and other information available to identify known areas of flooding.
PROJECT SCHEDULE
It is our understanding that a Notice to Proceed will be issued on June 20, 2012. Key milestone
submittals will be approximately as indicated:
Draft Existing Conditions Analysis & Preliminary Report
Draft Final Report
Final Report
July 27, 2012
November 2, 2012
December 6, 2012
This schedule assumes an orderly progression of the ENGINEER's services. Delays beyond
the control of the ENGINEER may be cause for extension of this period of service.
If CITY has requested significant modifications or changes in the general scope, extent or
character of the Project, the time of performance of ENGINEER's services shall be adjusted
equitably.
Attachment A- Page 7 of 7
ATTACHMENT `B'
SCHEDULE OF FEES
A. BASIC SERVICES:
For work performed by the ENGINEER within the scope identified in ATTACHMENT A,
Itemized Scope of Services, the ENGINEER will be reimbursed as described below:
1. Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Basic Services identified in EXHIBIT A:
Downtown Drainage Master Plan $ 99,900
Data Collection & Base Mapping
Existing Conditions Analysis
Proposed Conditions Analysis and Recommendations
Final Report, Exhibits and Cost Estimates
Presentations (two) $ 2,000
City Council and Downtown Task Force
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense plus 10% with a not-to-exceed amount of:
$ 2,000
3. Total Fee for Basic Services $ 103,900
B. ADDITIONAL SERVICES:
Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Scope
of Basic Services, shall be considered Additional Services. The ENGINEER will be
reimbursed for Additional Services, should they be requested, as described below:
1. Labor
ENGINEER shall be reimbursed on the basis of negotiated fees for each item of
service provided, as mutually agreed to by the ENGINEER and CITY; or labor of
personnel employed by the ENGINEER will be reimbursed on an hourly.
Attachment B— Page 1
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense PLUS 10%.
Attachment B— Page 2
ATTACHMENT C
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2012 to December 31, 2012*
Enqineerinq / Technical From - To
Principal $170 - $230 Per Hour
Project Manager $120 - $200 Per Hour
Senior Engineer $110 - $220 Per Hour
Engineer $ 85 - $140 Per Hour
Landscape Architect / Planner $110 - $175 Per Hour
Landscape Designer $ 70 - $110 Per Hour
Designer $ 85 - $120 Per Hour
Senior Designer $100 - $160 Per Hour
CAD Technician $ 60 - $ 95 Per Hour
Senior CAD Technician $ 75 - $110 Per Hour
IT Consultant $120 - $150 Per Hour
IT Technician $ 85 - $120 Per Hour
Clerical $ 50 - $ 80 Per Hour
Resident Project Representative $ 70 - $120 Per Hour
Survevinq
Survey Manager $130 - $180 Per Hour
Registered Professional Land Surveyor $120 - $150 Per Hour
S.I.T. / Senior Survey Technician $85 - $110 Per Hour
Survey Technician $70 - $100 Per Hour
1-Person Field Crew w/Equipment** $120 Per Hour
2-Person Field Crew w/Equipment** $145 Per Hour
3-Person Field Crew w/Equipment** $165 Per Hour
4-Person Field Crew w/Equipment** $190 Per Hour
Flagger $40 Per Hour
Abstractor (Property Deed Research) $85 Per Hour
Subsurface Utilitv Enqineerinq Hourlv Rate
SUE Engineer $160
Sr. Utility Location Specialist $ 95
Utility Location Technician $ 75
1-Person Designator Creww/Equipment $115
2-Person Designator Creww/Equipment $135
2-Person Vacuum Excavator Crew w/Equipment $250 (Travel and Stand-by)
SUE QL-A Test Hole (0 < 4 ft)*** $900 per hole
SUE QL-A Test Hole (>4 < 6 ft)*** $1,100 per hole
SUE QL-A Test Hole (>6 < 8 ft)*** $1,310 per hole
SUE QL-A Test Hole (>8 < 10ft)*** $1,530 per hole
SUE QL-A Test Hole (>10 < 12ft)*** $1,770 per hole
SUE QL-A Test Hole (>12 < 14ft)*** $2,000 per hole
Direct Cost Reimbursables
Photocopies, Scans & PDF Files: $0.10/page letter and legal size bond paper, B&W
$0.20/page 11" x 17" size bond paper, B&W
$1.00/page letter, legal and 11° x 17° size bond paper, color
$2.00/page 22" x 34" and larger bond paper or vellum, B&W
$4.00/page 22" x 34" and larger bond paper or vellum, color
Plots: $1.00/page 11" x 17" size bond paper, B&W
$2.00/page 11" x 17" size bond paper, color
$4.00/page 22" x 34" and larger bond paper or vellum, B&W
$6.00/page 22" x 34" and larger bond paper or vellum, color
$6.00/page 22" x 34" and larger mylar or acetate, B&W
Mileage
$0.55/mile
All Subcontracted and outsourced services shall be billed at rates comparab/e to TNP's billing rates shown above.
� Rates shown are for ca/endar year 2012 and are subject to change in subsequent years.
��Equipmentinc/udes Truck, ATV, Robotic Tota/ Station, GPS Units and Digita/ Level.
*** Pncing inc/udes 2-Person crew, designating for excavation, vehic/e costs, and fie/d supplies.
Denton Downtown Drainage Master Plan
BUDGET ESTIMATE
Site Visits
Limited Field Su
QA\QC
Delineate watersheds
Develop hydrology
Develop 1D existing conditions model
Develop 2D existing conditions model
Model Run and Troubleshoot
Street & Row caoacitv calcs
Proposed Conditions Analysis
Project management
QA\QC
Evaluate possible improvement options
Identify proposed alternatives
Model proposed alternatives
Evaluate downstream impacts
Sensitivity analysis
Street & Row capacity calcs
Opinions of Probable Cost
Prepare exhibits
Prepare Preliminary Report
Prepare Draft Final report
Prepare Final report
City meetings (1)
Council/Task Force Presentations (fortwo m
Meeting Prep
Prep Meeting with City
Presentation
Romero I Sears I RPLS I Survey I Killen I Barr I Hinojosa I Branson I Clerical � Reimb � Total Total
6 I 6
2
2
12
12
16
2
4
4
32
32
32
4
4 8
32 120
6 12
4 12
2 4
2 4
4 16
8 8
8 16
6 12
I� -
Rei m bu rsables
Use
$ 7,971 $ 8,000
- $ 36,814 $ 36,800
1,450
3, 066
2, 746
4,196
5,100
5,100
5, 600
770
- $ 55,100 $ 55,100
1,450
2,010
4, 046
2, 856
17.640
765
613
- $ 2,022 $ 2,000
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TEAGUE, NALL, AND PERKINS,
INC. FOR ENGINEERING SERVICES RELATING TO THE DOWNTOWN MASTER
DRAINAGE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE (RFQ 4935—AWARDED
TO TEAGLTE, NALL, AND PERKINS, 1NC. 1N THE AMOUNT OF $103,900).
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with Teague, Nall, and Perlcins, Inc., to provide professional engineering for the City of
Denton Downtown Drainage Master Plan, a copy of which is attached hereto and incorporated by
reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under RFQ 4935 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2012.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
I:•
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
� ,,---�~�
�-___ �""�'�
BY:
�-oru>-xFC� 4y�s
PROF�SS�ONAL SERV�C�S AGR�,�MENT
FOR ENGINEERING SERVICES FOR DOWNTOWN DRAINAGE MASTER PLAN
FrLE 4935
THIS AGREEMENT is made �nd entered into as of the day of
, 2012, by and between the City o#' Denton, TeYas, a TeYas municipal co��poration,
�vith its principal office at 215 East McKinn�y Street, Denton, D�nton County, Texas 76201,
�ereinafter called "Owne�•" and Teague, Nall and Perkir�s, Inc with its ca��porate office at � 517 Centre
Place D��ive, Si�ite 320, Denton TX 76205 k�e�•einaftez• called "Design Pxofessional," acting �ez•ein, by
�nd through t�ieir duly authorized representati�es.
Yn consideration of the covenants and agreements herein contained, the pa�•ties hereto do mut�ially
ag�•ee as follows:
SECTION 1
EMPLOYMENT OF DESYGN PROFE�STONAL
The Owner here6y contracts with the Design Professional, a Iicenseel TeYas ai•chiiect or
enginee�, as an indep�ndeni contractor. The Design Professional hereby agrees to perfo�7n the services
�s desc�•ibed herein and in the Propos�l, the General Conditions, and other attachrrients to this
Agreement that are referenced in Section 3, in connection with the Projeet, The Pi•oject shall incl�ide,
wit��oz�t limitation, Professio�al En in�� Se��vices to develop a downto�vn master drainage nzaster
plan in accorc�ance wit�i RFp 4935.
Page 1
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SECTION 2
COiVIPENSATION
The Owner shall cornpensate the Design Professional as follaws:
2.1 BASIC SERVICES
2.L1 For Basic Services tlie tatal compensatian shall be $101,90a,
2.1.2 Progress paymenis for Basic Se�vices shall be paid in t��e following pei•eentages for of the
total coznpensation far the Basic Sei�vices satisiaetorily completed at th� �nd ofthe folloiving p�ases
of the Project:
Existing conditions analysis & Report; 44%
Proposed conditions analysis & Final Report: 56%
2.2 ADDITIONAL �ERVICES
2.2.� Compensation for �dditional Se�vices is as per Attachn�ent C.
2.2.2 Compensation for Adc�itianal Services af cor�sul#ants, including additional stilictural,
mechanical and electrical enginee�•ing s�rvices shall be based on a xnultiple of 1_1 times the arnounts billed
to the Design Professional far such additional se�viees.
2.3 ItEIMSURSABLE EXPENSES Reimbu�sa�le Expenses shali be a multiple of l.I t�nes the
��penses inc��i�•ed by the Design Prafessional, the Design Professional's employees and consultants in the
interest of the Project as c�efined �n the Gene�•aI Conditions but not to exceed � total of $2,000 �vitl�QUt the
p�ioz� written approval ofthe Owne�.
Pag� 2
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��CTION 3
ENTIRE AGREEMENT
This Ag�•eement incluc�es this eYecuted agreement and the following doc�lments all of which are attached
l�ez�eto and macie a part hereof by r�f��•�nce as if fi�lly set farth herein:
City of Dentan Gene�•al Conditions to Ag�•eer�ent for Architeetural or Engineei�ing S�rvices.
2. Tk�e Desi�n Pi•ofessional's Pi•oposal
3. Attachments A throi�gh D.
This Agree�nent is signed by the parties here#o effective as of the date first above �vritten.
ATTEST:
JEN�TI�ER WALTERS, CITY SECRETARY
�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
I: -•
CITY OF DENTON
�
GEORGE C. CAMPBELL
CITY MANAGER
DESIGN FIRM
BY:
Fi��n's Q��"i xfRep��esentativ
(Signatu�•e
�age 3
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CITI' OF DENTON
GE\FRr�L CO\'DITIONS
TQ
AGREEl1H;NT FOR ARCHITF.CTLIR�iT. OR ENGI\EERI\G SEI2VICE5
aiRTICLF, 1. r1RC}llTECi' OR ENG1Z'EER'S 1�:SPp1$IBIL�TIES
I.1 The AreE�itect or Enginee�s services consist of thosc services for Uie Project {as defi�icci in t�tc agrrement {the "Ag€ee��ienY') �3d proposal {the "Proposal") to wd3ich il�ese
Genera[ Co��ditions are attaclied) performed by the Architee€ or Engineer (hereinafter caEled the "Desig�� Pro%ssioEiaP') ar besi�t Professional's e��iplo}ees azid consi3[tants as
enE�merated iE� Artic[es 2 and 3 of these Ge3ieral Coj�dittons as modified by the Agreen�ent a�d Proposal {the "Serviees").
i.2 Tha Desig�� Prafessional will perform all Se€viees as an independeErt contractor to tl�e prevailing protcss'son11 standards ea3�siste3tt �i�ith the leve[ o�care a�id skil[ ordinariiy
e�ercised by members of #iie same profession currently practicutg in the sa�ne locali�� i3nder siinitar conditions, incl��ding reasonable, infomied j��dg�neEits and prompE timety
aciians {tl�e "Dcgree vf Care"). 'E7�e Se�vices s13all be perfon��ed as expeditio�ESiy as is consistent wiEh tl�e Ilegree oi Care necessary far the arderly progress af the Project.
[Jpon request of ihe Os�mer, tha Dcsign Professiona[ shall si36mit for the Orv�ze�s a�provat a schedule for the perfomiance ot'the Sen�ires x�hich may be adjiastcd �s tiie PEO}ect
peoceeds, a��d shall iEiclude alfowa��ces for periods oftinic requirecE for the Os���ers revieli� and for approval of submissians by authoriiies having jurisdic[ion over tl�e Project,
Time 3imils established by this scheduEe and approved by the Ou�ncr shall not, extept far reasonablc c1��se, 6e exceedeci hy tl�e i�esign Profess'sonal or Owner, a�id a�ty
adjiunnents to #his schedufe shatE be n�uhialty acceptable to boEh parties.
ARTICLF 2 SCOPE OT BASIC SFI2�'ICES
2,i BASIC SFRZ'ICES DEFIITED The Iksig�i ProfessianaE's Basic Services co��sist of those descr'sbed in Sectio��s 2.2 thra�fgh 2.G of these Geucrai Conditions a�id include
kritliout ]imitation namiai stmcturai, civil, meehanica[ and eEectrieal engineering services �d any other engineeriE�g sen�ices necessary to produce a eo3npfete a�td accurate set oi
Canstn�cfion Do�uments, as dcscrit�ed by and reqi3ired in SectioEi 2.4. The Basic 5ervices �nay be n�odified by Ehe Agreement.
2.2 SCHE}fA.'I'IC DESIGN PHASE
2.2.I 'I7�e Desig�i Professional, in cons�dtation rr�ti� the 04i�zer, shall develo�3 a�Titte3i psogra�n for the Pro,�cct co ascerEain OHme�s needs a�id ta esEab3isH Ehe
reyuireanents for tfie Project.
2,2.2 'E'he besign Professiona) shall provide a prelimin�y eva]uatioE� of tl�e Ou�e�s progr�n, ronsEn�ction sched�Fle �id cacEStarctioe� budgei requirements, each in
tem�s of the other, sub�ect ta U�e limifatious set fortl� in �ubsection 5.2. [.
2.2.3 The I]esign Professio�iat shall review ���€th tl�e O«�ier altemative approaches to desisi �uid constnict'son ofthe F'roject.
2.2.4 Based on t[ie mut��ally agreed-i��w� progra3n, scEied�ile a��d co3�stRiction bi�dget requiren�e�its, the Design Professional shall prepare, for approva� by tiie O�rner,
Scl�enaatie llesigi Bocimtenis eonsisting of drau-ings and o��cr doce�ments illiutr�tn�g the scnle �uid re[ationshi� of Projec# cocEZpone��ts. The Schema€ic i7esig�i shall
contemE�late compliance with all app[icahle la�s, stahites, ord'uiances, codes and regnlations.
2.2.5 The Design Professiona] s�ta11 submif to ti:e Orr�ier a preli�ni��ary detailed estiE�i�te of Constnution Cost based on current area, voiunie or otiier unit costs and
wf�ich iiidicates the cost of each tategory af work invo�ved in constntcFuig the Project and est2blishes az� elapsed tiEr�e factor %r the period o€ tinae fro�n E�ia
comFnenceme�it ta tlze completion of canstniction.
2.3 DESIGN BE'�'LI.OP\IE\T PHAS� -- SECTIO\ IS \�T APPLICAAI�E
2.4 Cd\S7'RU('TION AOCUl�N1'S PH�,SE - 3EC'['IO\r I� NOT' �tYPI.1CABLE
2.5 CO\Sl'RU{°TION CO\'TRACI' Y120CURE,IIE\"I' - SEC�OPt IS \OT APPLICABLE
2.6 CO\'STRTJCi'iON PIitiSE - �1DhI1�1'ISTRA'FIO\� OF'I'I� CO\SFRUCTIQN CO\'T'RACT--SECTIO\' IS NOT APPLiCAi3LE
riR�'ICLE 3 r1DDTTIONAL SEi2VIC�S
3.L GF.\'1;12ELL
3.1.1 The seevices described in this Artic[e 3 are noi included in Basic Services unless so identi�ed i�� iiie Agree�nent ar Proyosal, and 1�iey shall be paid for hy tlic
f3«�ner as provided in the AgreemeErt, in additio�7 to tUe eo»�pensatian for Basic Services. 1'he services described under Sections 3.2 a��d 3.� siiall only be provided if
aeitl�orized or confimied in ��7iti�ig by tha �4Gner. If services described iindcr ContiFtge��t Additional Services i� Section 33 are reqtiired due to circu33�sta�ices be}�or�d
1he Desig�3 Professio�tal's conteo[, tEie Design Professional shaH notifp the O���er in u�itutg and sl�all not commeuce such addition�l services ��ntit it receives wTitten
approvat from the Owner to proceed. If the O«�ier iRdicates in writis�g t1:at all or parf ofs��eh Contingent Additeonal Serveccs are nol requimd, tl�e Design Profession�l
shall l�ave na obligation to proride tE�ose services. Qti«cr wi1[ be responsibEe for contpensating ihc Desi�i Professio3�al for EoEitingent Additiona[ Serviees on�y if
they are not required due to the ncgligenee or fault af Design Professia���l.
3.2 PROJECT R�:YIi�,SE\'T�TIp\ Bk;7'O�ID 13f1SIC SERYICES
3.2.1 If more e.xtensive reprc:senfation at the site tEian is described in Seibsectia�t 2.6.5 is €equired, the Design Professio�tal shall provide one vr more Project
Represe��tatives to assist in carcying out such addifsonal an-site responsibili€ies.
3.2.2 Project Representatives sE�al! bc selected, emptoyed and directed by tite �esig�� Professional, and the Dcsigi Professional shall be compensated tl�eretor as
agreed hy the Ow ner and Design Yro%ssio3t�l.
3.3 CO\'T[�,`G�;NT li1lD1TIONAL SER�'ICFS
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3.3.1 l�(�ing mate�ial revisions in Drawi��gs, Speeifications or other documents �i�hen sucU revisions are:
1. uieo�ssistent H=ith approvals or insta�ciio:�s pre�iously given by the O��mer, inc[udir�g revisions made nccessary by adj��st�nents iii the OF37�e�'s
progra�n or Project budget;
2. required hy tlae ei�actE�ient or revision oCeodes, laws or reg�tlatinns subsequcj�t !o fhe p€eparation oisuch documents, or
3. due to ch�iges reqi�ired as a resuh of the Qwzie�s failure to render decisian i�ti 1 timely manner.
3.3.2 Providii�g serviees rcq�tircd beca�ise of signif�cant cl�anges in thc Prolcct incfi�din�, but �FOt limited ta, size, qanlity, compiexit}; or the O�i�ie�'s schedEile, e�cept
forservices mquired under S�ibseciion 2.5.2.
3.3.3 Preparing Ilrawi�igs, 5pecificatiai�s and other documentation and sE�pportu�g data, and providing other serviees in con�eciioii witl� Chan�e Orders a�3d
Coitstnietion Cha�ige Directives.
3.3.4 Yraviding consultation concemi«� replacement of ti��or[: da��taged by Eire or other cause di�ring constniction, �uid fiiniishing sen�ices required in cai�cction witl�
tl�e repJacenie33t o€si�ch w�ark.
3,3,5 Providing services �nade Eiecess��y tiy the default of the Cantractor, by major defects or detsciencies iii tt�e x�ork of the Contractor, or by iailure of perfonnance
o€eilher the Ehi�ier or Canfractor under the Contract for Co«stniction.
3.3.6 Pravidi��g scrvices in evalu�ting a�i estensive number of claims si�b3�titted by the Contractor or others iii connectio�� with tlie �s�or�.
3.3.7 Provid'utg scrviccs in connestion with a puhlic hearing, arbitra[ion proceeding or IegaE proceedutg eseept H°hcre the Desis� Professiona[ is party tl�ereto.
3.3.8 P€o��iding serviees in addition !o those rec�uired by Artiele 2 for preparing doci�ments for alcernate, sepu�te ar seq«ential bi�s or providiEig sen�iees iii co�neetion
witl� bidding or coa�stniction prior to t13e can�pleiion ofthe Co��structian T]ocuments Pl»se.
3.3.9 i�oi���ithsta��ding anytEiing contained i�� tl�e Agrcenie��t, Pro�osal or tEiese Ceneral Canditions ta Fhe conirary, all services described in Ehis Article 3 4��at are
ca��sed or necessitated 'ui ��hole or in pa,t d��e to tlie negligeEit act or omission of the Design ProfessioEtal slia[[ 6e perfonncd by the Besign Professiona[ as a part oftEie
Basic Services under 1he Agreeme��t w�th an additioF�al conipens��tion above a�td bepond tEie compensatio�t di�e the Desi�t �rofessionat for #fie Basic Ser��iees. The
intervening or cbncurre��t neg3igeucc ofthc n�i�ner sliaii not ]imit #Eie iJesign Professional's obligatio�ts u�3de€ tl�is Suhseelian 3.3.9.
3.�3 pP7'iONr1.L r+,llDl'I'IONAl. SERVICES
3,d.i Pro�=iding fuiancial feasibilily or othee sgecial shtdies.
3,4.2 PravidiEtg p[a�u�n�g surveys, siEe eval«atio��s or conrparative shidies of prospective sites.
3.4.3 Providing specia[ surveys, envirot�ntentai studies a3�d sabmissio��s required for a�prow�als of goveni�nentai aiEtl�oaties or od�ers havi�ig jnEisdiction o�er the
Project.
3.4.4 Provid�ng serviees relative to fiihire facilities, systems and equi�ment.
3.4.5 Providing seevices to im�estigate esistn�g eonditfons nr faciEities or fo mal:e measured drat��i��gs thereof.
3.4.G Providing services to verify tlae accuracy of drawings or oiher infon�2ation fim�isl�ed by the O�ver.
3.�.7 Yrovidu�g caordination of eonstn�ctian perfonned by sep��r�te contractors or by the Owner's o�i�t forces uid conrdi«ation vfservices rec�uired 'vi coiuiection with
constn[etio�� pe€fonned vtd eq�iipment supplied by the O4«er.
3,�.8 Providing detai[ed qua��tiry sun�eys or inventories oimaterial, eq«ipme�3t �id labor.
3,J.9 Providu�g analyses af operating �id maintena�ue costs.
3A.1� l�fal:ang i�t�-estigaiions, invcntorics of rtiaterials or ec�uip�nent, or vnluations a�id detailed appraisals ofe�stu�g facilities.
3.d.12 Pro�iding assistance in the utilizltion of ec�uipment or s}�stems such as testing, adj��sfiug a�id baia�aci�tg, preparation of operation and maintenanre man�:als,
trauiuig persomia) for operation and niaiutenance and consiEltation during operatio».
3.d13 Providi»g interior design a�ic� similar serviccs r�quired for oe in con�iectiou �e�itli the selection, �rocure3ne��t or installation of fiimihire, fi�otisliings anc� €elateci
ec�nipnient.
3.�t.I�E P�nvid'u�g scrviccs o�er t�ta�i as provided in 3eciion 2.6.�, afier issEiazice to the Orviier oi Ehe imal Cerii%catc for Pay�neEit and eapiration af t13e 1Yarr�ity
period o€tlta Contract %r Constn�ction.
3.4.I5 Providi��g sen�ices ofconsuitan�s €or ot�ier thar� arcl3itechirai, civii, stn�ctt�rai, mechanical a3�d electriczl e�3giEieeriug podians ofthe Project provided 3s a part of
Basic Services.
3.4,16 Providing an}� otEier services not otl�envise included iii tE�is Agreement or not cusfomar'sfy fiimisEied in accordance wilh gcnerally aceepted arci�itechFral
practice.
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3.4,17 Preparing a seE of reproducib�e reeord draK�uigs u� additiaEi to thase required by Subsection 2.b.19, shoKring signiFcant eha�tges in the w�ork made during con-
s4nution b3sed on marf:ed-up �rints, dra�i�inp� a�uf other c€ata fiin�ished by flie Cantractor Eo tl�c Desig�3 Professionat.
3.418 �lohvithstanding a��ything contai��ed in the Rgreemei�t, I'ropasal or t�tese Ge3ieral Conditio��s to the conirary, all services descrihed in tl�is r1€ticle 3 tttat are
cai�sed or necessitated 'ui 4vfio[c or iu part due to the negfigent act or on�ission af the besign Professional shall be perfonned by the �esign Prnfessional as a par# of #3ie
Basic Services under fhe l�greement with �o additional compensatiat� above and bepond lfie cac�tpensation due the Design Professio��al for tl�e Bastc Services. The
interveni«g or coneurren€ neg[igence of the Ow�ne€ shatl nof li3niE the Ilesign Professianal's vbtigaiions under ihis Sisbseclio�� 3.�.18.
�iRTICLE 4 O«'�'Eit'S 12ESPON5iI3ILITIES
4.1 The Owner sha[E consult �i�th the besig�i Professiona] regarding reqt�irements for tEie Project, tl]C113(Illlg ��� illC ORilC1�5 objectives, (2) schedule and design
constran�ts and critcria, including space requiremenis and reta3'so�tships, flcxibility, expendability, speciffl er�nipment, systems a��d site requirements, as more speci-
£icalEy described in Si�hsection 22.1.
4,2 7he Owner shall establish �id update an overa�t budget for tlie Pro�ect, uic[udi»g the Cni�stn�ciion Cost, the Ownets ot�er costs and reasonable contingencies
eelated to all oFthese cos�s.
4.3 if rec�uesfed by iEie laesig�i Professiona[, the Orvi�cr sl�all fi�mish evidence chat financial arrutgeme�tts laave been made to ��lfi[t the p����cr's oh[ig�tians �mder El�is
rlgreement.
d.�l Tfie Owner sEiall desig��ate a representative authorized to act on tUe fh5�ie�'s beEia3f �i�itli respert to thc Projeet. The Owner or such authorized €epresentative shal)
render decisions iii a ti[tte�y manne€ pettainittg to doct�menEs stibmi[ted by Yhe Desig3t Professior�at i�z ordar to avoid �mreasonahEc dclay in thc ordedy �nd seqtacntizl
progress ofthe Desig�i Professional's services.
�,5 Where ap�lieab[e, tl�e EhSVer sl3all fi3misl� stjr��cys dcseribiug physical rharacteristics, legal timitatians a�i� utility locltio«s far Uie site of tlie Pro�ect, �nd a�i�ilEen
legal description of the site. The surveys ancE legal iE�fonnatioii shali inc9ude, as applicable, grades a��d liEtes of streets, a]EeyS, paveme�its a�id �djoi�iing properiy a��d
stnietures; ad�acenY drainage; rights-of-way, restrictio��s, ease3nents, encroacl�ie�rts, zo»ing, deed restrictions, boundaries a»d cantours of tlie site; locations,
dimens'sons and ��eeess��uy data per€aining to existing bi�ildiiagg, otlaer improvemeFits and trers; and information concemiE�g availahle i�tility serviees a�uE lines, 6oth
public and Qrivate, ahave aztd belo�i� grade, irieluding inverLs a��d depths. AI I the i��%nnat'so�� on ll�e sitn�ey shall be referenccd to � praject bencUrn�i:.
�,G �Vhere applicabfe, the Oamer sliall fiimisl� �fie services of geotecl�nical engineers H�1ien sucl� services are rec�uested by t�ic Design Proiessio�tal. Such services n�ay
incleide but are ��ot tin�ited to test borings, test pits, determinatio�is af soi[ bearing val�ses, percalation tests, evalultio3�s of hazardoi�s ���aterials, groi�nd corrnsion ancE re-
sistiviEy fests, inc[ading necessary operations for anticipating sub-soil tonditions, r�=ith reports uid appropriate professiona[ recommendations.
4.G1 Tlie Owner sl��ll fiiniish i�ie services of other cans�Eltants when such services are reasonably required hy t3se scope of the F'roject a�ad aze requestcd by IEie Design
P€ofessio�tal ancl are not retained by Yhe Design Professional as par€ ofits Basic Services or Addilioj3al Services.
4.7 Wheii noE a p<�rt of the Addit'soEtal Services, the �w��er s13a1f fiimish stnic€tiral, ��iechanical, cl�en3ica�, air a�id water po[lutio�� tests, tests of hazardoiu mnterials,
�nc� other Eabarator}� ��d enviroiunenta] icsts, inspectio;is a��d re�orts req��ired h}� law or the Contract DocnmenES.
�1.8 The Owner shall �tmisl� all legal, accounting and i��sur�uiee coemseli��g services as n�ay he necessary at any iime for thc Project, inchfding auditi«g services 11ae
�wner Enay require to verify the Contracto�s Applications for Paymeni or to ascertain haw or for what purposes the Contractor it�s �ued tl�e n3oney �aid 6y or oii
beha[f of tlie O�v��er.
�4.9 The serviees, informatioe�, surveys and reporEs required &y Owner amder Sections �.5 tluotigl� �#.S sl�all be fi�mished aE che Ok��ers expeE�se, a�td the Desi�n
Professiona[ sl�all be enti(led to rely upon U�e accivacy a�id completeness tl�ereaf in the 16senee oF;u�y negligence an tha �art oftite �esign Profassio�taf.
4.10 'Ihe OHmer shall give proEnpt written notice to tEie 17esign Professiona[ if tiie Ou�ner beromes aware of a�ty faidt or defect in tlze Project or �oneonfonnance with
t3te Contraci Docu�ie�tts.
4.i1 Desig�i Professiona] sEialE propose language for ceRificates or certifications to be reqi�estefl o€the Design Professional or �esign Pcofessional`s consu[ta��ts and
shal I sabmit s«ch #o tlie Ow7ier for review and appraval at least foiuteen (l�) days �riarlo esceution. 'F7�e EJ�mer agrees nof to rec�aest certifieatio�ts that ��oi�ld €equire
l:now�[eclge or services beyond tlie seope of ilae Agrecment.
,�,RT1CL� 5 CONSTRUCTT01' COS"I'
5.1 CONSTRUCTIO\ COST DF.FL�D
S,i1 77�c Constniction Cast shatl 6e tEie total cost or estu«ated cost lo Uie Owizer of all elements of tl�e Projeet designed oe specified by the I?esign Professional.
5.1.2 The Constniction Cost shal I inch�de the cosi at eeirrent marfiei rates of labor and �n�terials frEmisEied by tEie Ow�ier and equipment designed, specified, selecYed or
specialiy provided for by the I�esi�i Professional, pli�s a reasonab3e allotivan�e for the Contracto�s overhead and profit. Tn addition, a reasonaUle allowance for co�i-
Eingencics sitall be included fo€ Eitar�:et conditivns at tl�e time ofbidding and %r c3ta�tges in the ���ork duri��g constn�ciion.
5.(.3 Constn�ction Cost docs not incEude tlie compensafion of the Desiga 1'rofessional a��d Desig�i Professional's consijlt�ris, the costs of'the fand, ri�lifs-of-way,
fiEiancing or other costs r��hich are tEie responsibility of the E3�i�ier as provided in Artiele �3.
5.2 RESP015I13II.1`i i` FQIZ CONSTRCTCTIQ\ COS'I'
5.2.1 F..vaivations of �ie O�r�ier's Froject bisdget, prelin3inary estimates of Constn�ctio�� Cast and detailed estim�stes of Consinictior� Cost preparec� by the Desig��
Pro£cssionaE represent tl�e I3esign Professional's best judgment as a desigi prafessionat f�itiar �i-itli U3e ronstn�ction i��dusiry, it is recagnized, ho+��ever, that ncilfic€
the Desig�i �'rofessional nar tl�e Ou�ner l�as co�rtrol o<<er tl�e cosi of labor, ma€eriats ar equipment, over the Contracto�s metliads of determining bid prices, or aver
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11CODABIDepartmentslMacerials A�fa��ageme�atlPI2CH1Contracts Bocumeiitsl�EpO�-49991�t935 PSA Do�4��tow� Drainage i�(aster Plan - TNP 6-27-12.docs
co3��petitive bidding or mari;et conditions. Accordingly, the Design ProFessionai ca�mat a�id does not warra�it or represent t�i1€ bids or cost proposals �ti�ill i}oi vary
fro��� Ehe Oei7ier's f'roject b€�dgei or from a�iy estimate ofCo��sta�etio�t Cost or eva[uation pre�ared or agreed to by the Design Professio�tal.
5.2.2 l�Ta fixed JiEnit of Constniction CosE shalE be estab3ished as a condition of the Agree3nent by the fiiniisizing, proposaE or es#ab]isEune��t oia Project bi�dget, i�nlcss
such fixed li»�it has bee�� agrced tEpon i� wrifing a�id signed by tiie parties thereto. lf si�cl� a fi�ced limit has been established, the f7esign Professional s1ta11 be pem�itted
to uaclude contingencies for desig�t, 6iddi»g �nd price escalation, to detem�ine wUat materiais, equipment, eomponea�t systems a�id types of constn�ction are ta be
included in tl�e Confrlct Docui�ienis, to make reasonabfe adjEESt�nents u� tlae scope of tEie Project and fo include i�t the Canlract I3ocEiments altentate bids tv adjust the
Construction Cast to #3ie fiaed [imit. Fixed lin2its, if a�iy, sl�all be increased in the ama�int oian uierease ui the Contract Sum occurring afler exer�ation of t€ie Cont€act
for Constn�cEion.
5.2.3 if the ProeEreement Pl�ase has not ca�nmenced u=ithin 9p day�s aiier the Desig,n Professional su6mits the Co��stniction I7ocun�ents to the Otitiner, any Project
budgei or fi�ed liE�iit of Co»stniction Cost shali be adjuste� to reflect cEianges in the general level of prices in the constn�et'son ind��slry betu�eei� the date of si3UEnissiort
of tl�e Coi�stnicEion I3oc�3menFS to iiie O�nier and ti�e date an �i�hich pro}wsals are sotcght.
rll2`1'iCLE G Olii\ERSHIE' AiTU USE OF DOCU,\lE\TS
6.1 'tl�e Drawings, Specifccations and other doc�iments prepared by the Design Prafessionat far this Froject are instnirr�eeits of thc Dcsign Professional`s service a�ad sltali
6ecome the property of the O«�ier upc�n tem�ination or completivn of the flgreen�eni. T13e I]esign Yrofessio�tal is entitlec� to retai�t copies of all such docu��ients. S��cU
doc�nnents are inte�tded on[y ba applicabie to fhis Peoject, a��d flwner's usc of sueh doc«inenis in other p€o�ects shall be at Ovrner's sole risk and e�pe�tse. In tlie event Ehe
Ox�ter uses a�iy of tlie infom�aiioii or n�aterials developed pursuant to #iie Agreement u� a�iotlter project or for other purposes than aze specified i� tl�e Agreemeiit, t�3e Design
Professio�ial is rele,�ued front a�iy and all (ia6ility re[atn�g io t�ieir sESe in that project
6.2 S��h�nissioii or distribution ofdocu«iesits to meet o�ieial regulatory rc�uire�ne�its or for simitar purpases in co�ulection �i�ith d3e Project is not to be construed as pi�blication
in deragation of the TJesig�� Frofession�l`s reserved rigjiis.
ARTICLE i TEILIIG\'��'I'lON, SUSPENSION OR riBr#E\7}O�`l�E\`T
7.I `Ihe Desig�l Prnfessional n�ay terminate the Agreeme�3i upon nat fess tf�a�i thirty days r��itte31 not'sce should thc O�i�ner fail subst��tialty to �erfon�� in accordance wi#E� t13e
terms of the Agreejnent tkuough no fault of the Desig�t Professia�tal. Okver may temw�ate ihc Agrcement or a�iy ph�se thereof ��fti or without caiue �ipo« tl�irty (3U) days
prior wrilten ciotice to fEte Desig�� Professional, rlll �4�or[: and labor bei�tg perFormed nnder the Ag€eemei�t s13a11 eease immediltely u�on Desig�� Professional's recei�t of sucl�
notice. Befare i�ie end of tl�e if�irty (30) day period, Besigt� T'rofessional shal[ invoicc 1hc OwneE for alE r�;ork it satisfactoeily perfonned priar io i3te receipt of st�cli notice. No
a��iount sl�all be dEie For iast or anticipated profts. Ali p3ans, feld surveys, and other data reiated to tEie Project sUatl become property of the Ow��er iEpon terminalian of tEie
AgreeEne�tt a��d sEiatl be promptiy de[ivered fo the OK�ner in a reaso3tably orgv�ized fonn. Should Owner subsequenFly contract x-ith a new 17esign Professional for cantu�uation
of services on ttie Praject, Design Professiona3 sl�all caaperate in providing infor�a3atioE�.
'7.2 lf the Project is suspended 6y t[ie Ow�ier far n�ore than 30 consec��tive days, the I7esign Professional sl�ail be compensated £or scrvices salisfactorily perFonned �rior ro
notiee oise�e3� sispension. �Vhen ihe Pro}ect is resi��ned, 8ae Besign Prafess'so�ial's compensatio�t shal! be ec�tiitably adjiESted to provide for eYpenses u�curred 'ui U�c intemiptiwi
a�id resumptioz► vf the Design Profession�l's services.
7,3 The AgreemenF inay be termu�ated by the O�w:cr i�pon not [ess tEta�� seven days K7itten notice to tl�e Desiga Profcssiona! in t€te avent tftat the Project is pem�anentiy
abandoned. Ifthe Profect is abandaned by the O�+mer for �nore than 9� co�tsecuti�e days, the Design Prafessional or tlie fh�mer �nay temiiEtate 1Eie Agree�nent by giving ��ilteii
notice.
7.4 T�ailure of the Q�vrter to rtta[:e payments to the Design Professiona[ for �vork satisfactorily cornpteted i� accordance �i�ith the Agrremcnl shall bc wnsidered si�bsfanEiaf non-
performa�ace a��d rause for tennination.
7.5 Tf ttie Eh�mer fails to mal;e pa}huecit to Desig�ti Professional rvithi�i tl�irty (3Q) days of receipt of a stafement for services properly and satisiactorily performed, the I]esig��
Yrofessiona[ may, upon seveEt day� K�ritteii i�otice to ihe Otriier, st�spend perform��ce oisen=ices t3nder the Agreer�ient.
7.6 In tl�e cv,ent oFie€mination not tl�e fauEt oftl�e DesigrE Professiana�, tl�e Design Professionai shall be compensated for services properly and satisfactorily �xrfom�ed prior to
te�nination.
ARTICJ�E 8 PAI'�IiENTS TO THE DESIG\' PROr�SSiOlAL
8.1 DiRECTPER50\i�1ELEl'PE\SE
$,i.1 Direcf Pe:sonnel Expei�se is defined as the direct salaries oCthe Design Professional's personne[ engaged ai� Ehe Projcct and the portion of lfie cost of fliei€
E�ta�id3tory �uid cisstomary contributious and benefts €eiated ti�ereto, sueit as cn�plo}m�ent tates and otlier stah�tory emptopee beEiefts, �nsurance, sick [eave, holidays,
��acations, pensions and siEnilar coniributions �td be3teiits.
8.2 REi\]13iJRSA13LE EYPE\�SES
8.2.1 Rein�bursah[e �spe��ses are ui additio� to compeivation %r �3asie a��d Additional Services and inck�de e,r•penses incur�ed by the Besig�� Professional a��d
Design ProFessional's emp[ayees and eonsultants in the interest ofthc Project, as identified in the followii�g Claiues.
8,2, I,1 Expense of ira�isportation ut conneciion rvith the Project; expeE�ses in ca�inectioil �3-itEt authorized out-of-ca�in traveE; long-d�sta�tce con»�tunications;
a�id £ees paid for securing a�prova! ofa�id�orities l�avu�g jurisdicFion aver the i'rojcct.
8,21,2 Er�ense af reproductions (e�cept the reproduction of thc sets of docurr�ents referenced in SiEbsection 2.G39), postage a��d handl'uig of Drawrings,
Speeificatio»s and other documents.
5.2,1,3 If ni�thorized in advance by the Owner, expense of overtinie w�orG requirvig hig�ier 1��a�� regular rates.
8,2, i.4 Expense of renderings, models �uid n�ock-��ps zequested by the Orr�ier.
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8.2,I,5 Expense ofcnmputer-aided design ��d dcafting eqiiipmenf time K�1�en used in conueeFio« k�iti� ihe Project.
&,2,t.6 O[her erpenses tE�at are approved 'ui adva��ce in w�iting by 1he Os�mer.
8.3 PAYIIE\`T$ O! ACCOLiI`T QI' BASIC SER�'ICES
8,3.1 Pay�ne��ts for I3asic 5ervices sl��l[ be niade monthEy and, wEie€e applica6le, sh:�li be ui proporlion to services perfonned wiiEti�� each pl�ase of service, on tt�e
basis set forlh in SecYion 2 oi t�ie Agreement a��d t�ie scl=eduEe of �i�ork.
8,3.2 Ifand to ilie exEent that tlie tiE�ie initia�iy established in tUe Agreemenf is exceecfed or extended Uuougl� no fault of Uie desig�f Professional, con�pensation for any�
serv[ces rendered during the addilional period oftime shatl be compEded in tlic m�n��er se€ forth in Sectio3� 2 of the Agree�nent.
8.3.3 1VI�en can3pensat'son is based o3t a perce�uage of Constniciion Cost a�id any portions oC the Proje�t are deEeted or otl�ersvise not eonstn�cted, campensatio�i for
those porfions of tl�e Project shali be payable to ihc e�tenf services are performed on those portions, in accorda��ce witl� tita schediile set forth in SectiaEi 2 of �Iie
Agreement 6ased on (1} tiie loti��es! bona fide bid or (2j if �aa si�e(t hid or proposa[ is rccaived, the most reeent preliininary estimate of Coiutruction Cost ar detailed
es{i3nate of Co�tstn�ctio» Cast far sueE� pc3r[iac�s of the Project.
8.�1 PAYIfF.N'I'S O\ ��CCQUn'"F' qF ADDITIO`AL SEiiVICES
8.4.I Pa�m�ei�ts o�� account of tlie I?esig�i Professional's Additio�3a1 Services and for xeimbursablc EYpenses shall be made �i�ontf�ly wiEE�ui 30 days a8er the
presentation to the Oti4�ner vf the Design Prafessional`s statement ofservices rcndeeed or expenses incurred.
8.5 PAY,IIE\"IS R'ITHHELD �TO dedtictions sUalf be made fron� the �esigrE Pro%ssio33al`s compensatio3� on account of pen�lEy, liqu'sdated dan�ages or otl�er sun�s wilhheld
from paymenis to conhactors, or on account ofifte cost ofchattges in U�e �t'ork other iltan thnse for K�hicl� tlie �esiga3 Professianal is respo�tsibie.
S.6 llES1GN PROTESSIO\�AL'S ACCOCi\"1'1��'G iiGCOItDS Dcsign Professional s13a11 n�al:e available to �wmer or ���me�s autl�orized re�;resenEative records of
Reimbursa�le Expenses a�id cKpenses �ertaining to Additional Servites a�id serv3ces performed on the basis of a muttip[e of Direci Persoiuie[ ExpeE�se for inspeciioE� azid
eopying d€�reng regtda€ business I�ours for tt�ree ye� atter �iie �iate of the final Ce�tifirate of Payment, or i��3til �iy litigation related to die Project is fi�3al, ti��hicEie��er d�te is
later.
ARTICL�'. 9 1\'D El I�TTTY
9,1 The Design Professiona! s1�ai[ indem�3ily aud save and hald Etar�nless the O�i�ner a�d its of�icers, agents, a�ad en�ployees froE�z and against any and all lia6ility,
ctafms, de�nands, damages, losses, and expenses, including, bt�t not limited !o conrt costs a�id reasonable attorney fees inc[�rred by ti�e Ovmer, and inc]uHing, without
limit�tiost, daatages for 6adily and personal injury, death a��d �ro�er#y da��tage, resutting fron� the negligent acis or o�n'tssions of ti�e Design Professional oe its officers,
s€tare[iolders, agents, or ecnployees ii� the per%rniance of the Agree�nent.
9.2 �Iotl�ictg hereiE� shall be co�istrued to create a liabi[iry to a«y person �vho is not a pArty to Flte Agree��ient, ancE �iot�3i�ig herein shalE 4vaive auy oF the partics' deFenses,
both at law or eqi3iry, to any clairo, cause of action, or liFigation fi[ed by an5�one not � plrty ta ihe Agrerment, i��ct�fding the defense of governme��tal imn3�iuiE��, whicl�
defe��ses arc hereby expressty reserved.
ARTICLE 10 INSURa.\CE During tl�e performasice of thc Services �3nc3er the ��geeement, I}esign Yrofessia»al shall n�aintain Ehe fotloa�ing insura,ue rvith a�3
inst�ra�3ce con�pany licensed or aEEthorized to do 6usiness in the State of Tesas by thc State Insur��ce Co«imission or any se�ccessor age»cy tE�at has a rating witl� IIest
Rate Caniers of �€t least �i A- or above:
I0.1 Con3prehensive General I.iahility I�tsurance ���itl� bodily injury liE��its of not fess ihan S1,�OO,OOD for eacEt occur�ance and nat less tha�� �2,ODD,�QO in ihe aggregate,
a�id with �ro�erty damage tiEnits of not Ecss than $100,D00 for eaeh accurrence and ��ot less tl�� $250,04f1 i�i tUe aggregate.
I0.2 At�tomobile Liability Insura3�cc F��ith bodity injury limits of not less tl�aEt $500,�00 for eacl� person �d not less tHan SS0�,000 for ea�l� accident, anc3 i�-itE� properfy
damage ]imits of no! less thu� 5100,000 %r each accide«t.
10.3 1Vorker's Cvmpensation Insi�rance in accorda�ice �i�iih statfitory rec�uirements, and En�ployers' Liahility L�sur�uice ���ith [imits of not Ecss ihan $160,�00 for each
accident includi��g oceupationaE disease.
1D.�i �eleted
i0,5 The Design Profession�l shalk ti3rnisU insurance certificates or insEirance policies to the OLiner evidencing ins€�rance in compliance witl� t�is Article 10 at the time
af #l�e exectition of the Agreement. Tlie Ge�ieral Liabi[ily and Aiftonaobiie Liability insi�rance poliaies s1�a91 name the Owner as an additionaE insumd, the �Vorkers'
CampensatinE� policy slaall contain a waiver of subrogation i33 favor of the Ow�ner, aEid each poticy shali contain a provisian titat suci� insnrance shali not be canceled or
modiHed witliout thirty (3U) days' prior r�rcitteE� notica to Owncr and Design Prafessional. Li sucl� eveEit, tl�e I7esign Profcssional shali, �rior to ihe e�f'ective date of tlie
cl�ange os ra��ce[iatian, fumisli p�nier with snbstitute certificates of insiira��ce nieeting the requiren�ents of this Artiele 10.
ARTICLE lI IIISCF.LLA�OUS YI20'�'ISiONS
1 Ll The Agreeme�rt shall be governed by the tak5 of !he State oi 1'exas. Ve�i3e of v�y si�it os cause oP actio�� under the AgreemenY sl�all lie eYClusively in DcntaEi County,
Te.r•as.
11.2 The 0ti4mer and i7esign Professional, respecfiive3y, bind iheE�uelves, their partners, successors, assig��s and lega3 representatives to lite osfter party to this Agree�nent ��d to
ihe part�:ers, suceessors, assigns and tegal re�resentatives of sti;c�� other party witl� respect to a31 covenants of this Agree�nent. The I]esign Prafessional shat[ ��at assign its
interests iii tl�e Agreement witt�ai�t tEie wvitten canseiii of the Q��nee.
11,3 The ten7i Agreeme«t as �sed herein includes the exe�ufed Elgreemeni; tl�e Proposal, these Gc�teral Cvnditions and other atlachments referenced i�i 5ection 3 of the
Agreement which tagetlier represei�t the entire and integr�ted agrecmen[ beEk�een the 4�ner and Design Professional and si3persedes 11! prior negotiations, represenEations or
a�eements, eiflter Hritten or oral. The Agreement may be amended onEy by wricten i«strument signed by both OHner and Desig�i ProfessionlL t�hen interpreting the
AgreemeE�t the executed Agreement, Praposal, these �enera[ Conditions and lEie other attnctuneE�ts refereneed in Section 3 of the A$reemenE shal[ to the extent that is
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11CODAD1DepartmeE�tsVViaterials Ma�iagementl['RCMConEracts Doe��me�ttsl�ifl00-49991�}935 PSr1 DoH�nta�in� Drainage l�iaster Plan -"E'�TP 6-27-I2.docx
reaso�iabfy possi6le be rc�d so as to harnionize EEie pravisio�u. iioH•ever, siiou3d ihe provisions of tliese doci�ments he u� conflict so ihat tiFey cma not bc reaso3tiably hamianized,
such doeumenfs sl�all be given priority in the follo�e�i�tg ordeF:
1. 'Il�e eYecutec� Agreement
2. Atiachrnents refereneed in BecEion 3 of die Agreement other th�n Fhe Pro�osal
3. These General Provisio�3s
�. 'The Proposal
1I.4 Notlieng contai,ted in tiie Agreeme�it shal[ create a contrlctual relafions��i� with or a cause of actiai ui favor of a third party against either tEie O�iner or F�esig�i
Professional.
i1,5 iJpon receipt of prior ���itten approva] of Ors�ier, the Desig�� Professional shatl have ihe right to inchfde represeniations ofti�e design ofthe Project, uiclud'uig photographs
af the exterior uid interior, among tl�e I)esign PraFessiona3's promotiona[ a�3d professionaE Enateria[s. The �esign ProFessiona{'s mater'tals shall not i��clude the Ow�ie�'s
confidential or proprieEary information ifthe d���ier I��s previously adviscd iiie [ksi� Professionat i�i w�ritii�g of the specifie infnrmation considered hy thc 04ti�ner to be confi-
denti�l or proprietary. The Ovmer sha11 provide proiessional credit for tlie Design Professiona{ on tiie coivstn�ction sign and in the proniotional maferials for the P€oject.
11.6 Ap�roval by the OK�ner shall not conslit�afe, nor be deemed a reiease af the responsibility and liabiliEy of the Design ProfessioEtal, its eniployees, associates, ngents,
subco�atractors, a��d su6consull�utts for the aeeiEracy a�3d compete�icy of their dcsigns or other w•ork; nor shall such approval be deemed to be an assuj��ption of st:ch
respoF�sibility by t13e �vmer for a�iy defect in the rlesigE� or ot[ter ��or[: prepared by tl�e I7esign Professional, its empioyees, sul�contractors, agents, a��d consi�[tanis.
11.7 rlll notices, cominunications, a��d reports rec�uired or permitfed i3nder the AgreeE�ient shat! he personally deli�cred or n�ai[ed to the respective �arties by� depositiEig
same in the UEtited 5tates maiE to the address sho�s�� be[o�v signature biock on thc A$reement, cerfi�ed ���ait, ret��ni receipi reqi3ested, Em[ess vthenvise specificd herein.
Ail notices sha11 be ctee3�3ed effective upou receipt by the pariy ta ���hom sucE� atotice is given, or witEiin three {3) days a�ter maili�tg.
11.8 If miy provision ofthe Agreement is foFmd or deemed by a roa�rt of competent jurisdiclion to be invalid or uuenforceable, it shall be considered severe�le from ti3e
remaiader of tl�e Ag€ee»�eut and shall not eaijse the remainder to be invalid ar u�ienfarceable. In sucl� evc�rt, 1€ie parties sE�alt €efon�� tl�e Agree»�ent to replace sucl�
stric�:en provision with a vaiid aEid enforceable provision tivl�ic3s comes as close as possible to eapressing the intention of thc strECke�� provision.
11.9 The Design Professional shaft camply �=ith alt federal, state, and [ocal law5, n�ies, rsg�ilations, and ordina�ices a}�pliclbie to thc work eovered hereunder as they
may now reacE or hereinaHer be amended cluri«g tEte term of #his Agree�nent.
i11� in performing tEie Services reqi�ired herei�Etder, tlie Design Professiona[ sl�afl not discrin�inate agaiust any person o�i the basis of race, color, religio�, se.r-,
national origin or �u�cestry, age, or physical l�a�idicap.
11.1 i The caQtia��s of the Agreement are for in%auatioetal purposes o�ly, and shall not ia� a�ip �vay affect #l�e substantive ter�ns or conditio�3s of the Agreemenf.
Page 9
11COI]ADIDepnr��i�entsl�l-iateriats Ivi��ageEnentIPRCH1Cantracts Docume�sts1400[7-49991�935 YSA I�o���nto���n brainage 1�iaster Plae� - T�i P 6-27-i2.doc�
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 ����'
SUBJECT
Consider adoption of an ordinance authorizing the execution of a Purchase Agreement (herein so
called), as attached hereto and made a part hereof as Exhibit "A", by and between John Staples
Shocldey, as independent executor of the Estate of Eliza T. Shocldey, Deceased, as Owner, and
the City of Denton, Texas, as Buyer, regarding the sale and purchase of (I) fee simple to a 0.74
acre tract; (II) a utility and slope easement encumbering a 0.13 acre tract; (III) a slope easement
encumbering a 0.01 acre tract; and (IV) a temporary constniction, grading and access easement
encumbering a 0.01 acre tract, all tracts located in the A. Tomplcins Survey, Abstract Number
1246, City of Denton, Denton County, Texas, as more particularly described in the Purchase
Agreement, located generally in the 1800 blocic of South Bonnie Brae Street (the "Property
Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street
and roadway, for the purchase price of One Hundred Sixty One Thousand Nine Hundred Seven
Dollars and No Cents ($161,907.00), and other consideration, as prescribed in the Purchase
Agreement; authorizing the expenditure of funds therefor; and providing an effective date.
(Bonnie Brae Widening and Improvements proj ect — Parcel 15)
BACKGROUND
The City Council considered and approved an initial offer to purchase the captioned land rights
on June 5, 2012, for the purchase price of $161,907.00
At the time of the creation of the Offer to Purchase document pacicage, the record title to the
parent tract affected by the road widening proj ect was shown to be vested in Eliza T. Shocldey.
Upon mail-out of the Offer to Purchase to the record property owner's address, Mrs. Shocldey's
son, John Staples, contacted Randy Spear, Crossland Acquisition, Inc., and related that his
mother passed away November 16, 2010, in South Carolina. He further stated that his mother's
will was probated in South Carolina. Research indicates that there were no filings in Denton
County, Texas in regards to the Estate of Eliza T. Shocldey.
The necessary probate court documents have now been filed in Denton County, evidencing the
ownership of the parent tract affected by the proj ect vesting in John Staples Shocldey, as
independent executor of the Estate of Eliza T. Shocldey, Deceased. Mr. Shocldey has accepted
the City's offer to purchase the land rights necessary for the road project.
Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase
transaction with the property owner, Mr. Shocldey.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
June 5, 2012 (initial offer to purchase Ordinance 2012-130)
FISCAL INFORMATION
The overall Bonnie Brae Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP `08) funds and City of Denton local match funds. The purchase
offer price of $161,907.00 plus closing costs as prescribed in the Agreement are to be funded
through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
Prepared by,
� r
� ������
Paul Williamson,
Real Estate Manager
Respectfully subnutted,
������
�
Franlc G. Payne, P.E.
City Engineer
�ocation Map SHOCKLEY - P15
EXHIBIT 1 attachment to AIS Bonnie Brae Widening and Improvements
EXHIBIT 2 attachment to AIS
s:\legal\our documents\ordinances\12�Shockley acquisitiov ordinance 2.doc
ORDINANCE NO. 2012-
AN ORDINANCE AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT
(HEREIN SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS
EXHIBIT "A", BY AND BETWEEN JOHN STAPLES SHOCKLEY, AS INDEPENDENT
EXECUTOR OF THE ESTATE OF ELIZA T. SHOCKLEY, DECEASED, AS OWNER, AND
THE CITY OF DENTON, TEXAS, AS BUYER, REGARDING THE SALE AND PURCHASE
OF (I) FEE SIMPLE TO A 0.74 ACRE TRACT; (II) A UTILITY AND SLOPE EASEMENT
ENCUMBERING A 0.13 ACRE TRACT; (III) A SLOPE EASEMENT ENCUMBERING A
0.01 ACRE TRACT; AND (IV) A TEMPORARY CONSTRUCTION, GRADING AND
ACCESS EASEMENT ENCUMBERING A 0.01 ACRE TRACT, ALL TRACTS LOCATED
IN THE A. TOMPKINS SURVEY, ABSTRACT NO. 1246, CITY OF DENTON, DENTON
COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE PURCHASE
AGREEMENT, LOCATED GENERALLY IN THE 1800 BLOCK OF SOUTH BONNIE
BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF
EXPANDING AND IMPROVING BONNIE BRAE STREET, A MUNICIPAL STREET AND
ROADWAY, FOR THE PURCHASE PRICE OF ONE HUNDRED SIXTY ONE THOUSAND,
N1NE HUNDRED SEVEN DOLLARS AND NO CENTS ($161,907.00), AND OTHER
CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") made an Initial Offer (herein so called) to Eliza
T. Shocicley to purchase the Property Interests, pursuant to Ordinance No, 2012-130, passed and
approved by the City Council of the City of Denton on June 5, 2012;
WHEREAS, Eliza T. Shocicley, the record title owner of the Property Interests, was
deceased at the time the City made the Initial Offer;
WHEREAS, the true owner of the tract affected by the proposed purchase of the Property
Interests has now been determined to be John Staples Shocicley, as Independent Executor of the
Estate of Eliza T. Shocicley, Deceased; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1, The City Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Propei�ty Interests by the City. The
City Council hereby finds and determines that the acquisition of the Property Interests is
necessary for public use to provide street and roadway expansion and improvements to serve the
public and citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized (a) to execute for
and on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A", with a purchase price of
$161,907,00 and other consideration, plus costs and expenses, all as prescribed in the Purchase
Agreement; and (ii) any other documents necessary for closing the transaction contemplated by
the Purchase Agreement; and (b) to malce expenditures in accordance with the terms of the
Purchase Agreement.
SECTION 3, If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect,
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012,
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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. �By• .i , ?._ .._.�} �R: . r,„ .. -
EXHIBIT "A"
TO
ORDINANCE
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), AAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) I�EEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated ,
2012, but effective as of the date provided below, between John Staples Shocicley, as
Independent Executor of the Estate of Eliza T, Shockley, Deceased (referred to herein as
"Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, John Staples Shocicley, as Independent Executor of the Estate of Eliza T,
Shocicley, Deceased, is the Owner of a tract of land (the "Land") in the A. Tompkins Survey,
Abstract Number 1246, being affected by the public improvement project called the Bonnie Brae
Road Widening and Improvements Project ("Project"); and
WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii)
easements in, along, over, upon, under and across, a portion of the Land, each related to the
Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for Ten and No/100 Dollars ($10,00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acicnowledged, the parties agree as
follows:
l. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so cailed), conveying to the City, subject to the reservations described
below, the tract of land being described in Exhibit "A" to that certain Special Warranty Deed,
and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being
attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Slope Easement (herein
so called), in, along, upon, under, over and across the tract of land being described in Exhibit
"A" to that certain Utility and Slope Easement (the "Utility and Slope Easement Lands"),
attached hereto as Attachment 2 and made a part hereof, for utility and slope purposes, as more
particularly described therein; (iii) a Slope Easement (herein so called), in, along, upon, under,
over and across the tract of land being described in Exhibit "A" to that certain Slope Easement
(the "Siope Easement Lands"), attached hereto as Attachment 3 and made a part hereof, for slope
purposes, as more particularly described therein; and (iv) a Temporary Construction, Grading
and Access Easement (the "Temporary Easement"), in, along, upon, under, over and across the
tract of land being described in Exhibit "A" to that certain Temporary Construction, Grading and
Access Easement (the "Temporary Easement Lands"), attached hereto as Attachment 4 and made
a part hereof, for temporary construction, grading and access purposes, as more pai�ticularly
described therein (the Utility and Slope Easement Lands, the Slope Easement Lands and the
Temporary Easement Lands are collectively referred to herein as the "Easement Lands"),
The (i) Special Warranty Deed shail be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1"; (ii) the Utility and Slope Easement shall be in the form
and upon the terms as attached hereto and incorporated herein as Attachment 2; (iii) the Slope
Easement shall be in the form and upon the terms as attached hereto as Attachment 3; and (iv)
the Temporary Easement shall be in the form and upon the terms as attached hereto and
incorporated herein as Attachment 4(the Utility and Slope Easement, the Slope Easement and
the Temporary Easement are collectively referred to herein as the `Basements") (the Fee Lands
and the Easements are collectively referred to herein as the "Property").
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for himself,
his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and
�
that may be produced from the Fee Lands. Owner, his heirs, devisees, successors and assigns,
shall not have the right to use or access the surface of the Fee Lands, in any way, manner or
form, in connection with or related to the reserved oil, gas, and other minerals and/or related to
exploration and/or production of the oil, gas and other minerals reserved herein, including
without limitation, use or access of the surface of the Fee Lands for the location of any well or
drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas,
seismic activities, tanlcs or tanlc batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or
any other infrastructure or improvement of any kind or type in connection with or related to the
reserved oil, gas and other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and
shall exclude (i) all substances (except oil and gas) that any reasonable extraction, mining or
other exploration and/or production method, operation, process or procedure would consume,
deplete or destroy the surface of the Fee Lands; and (ii) all substances (except oil and gas) which
are at or near the surface of the Fee Lands. The intent of the parties hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie,
597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Fee Lands and the Easements to the
City, the City shall pay to Owner at Closing the sum of One Hundred Sixty One Thousand Nine
Hundred and Seven and No/100 Dollars ($161,907.00). The monetary compensation prescribed
in this Section 2 is herein referred to as the "Total Monetary Compensation".
3. In addition to the Total Monetary Compensation, and being a component part of the Project,
the City shall reconstruct, at its sole cost and expense, that area of Owner's driveway within the
Easement Lands. The driveway shall be reconstructed in a worlcmanlilce manner, using materials
3
comparable to that of the existing driveway materials found. Any private service lines or
irrigation lines situated within the Easement Lands and affected by the Project, shall either be
repaired or rearranged, at the sole cost and expense of the City, as field conditions warrant. The
worlc prescribed in this Section 3 is herein referred to as the "Driveway Work".
4. The Owner shall convey and grant to the City the Fee Lands and the Easements free and
clear of all debts, liens and other encumbrances (the "Encumbrances"). The Owner shall assist
and support satisfaction of all closing requirements of the City in relation to solicitation of
releases or subordinations of the Encumbrances and other curative efforts affecting the Fee
Lands and/or Easement Lands, if necessary in the discretion of the City. In the event that all
Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a
default hereunder, although Owner may otherwise be in default under Section 11, below,
However, if the Encumbrances are not cured as provided herein, City has the option of either (i)
waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this
Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter
event Owner and City shall have no further obligations under this Agreement.
5. Owner stipulates that the Total Monetary Compensation payment and the Driveway Worlc
constitute and include all compensation due Owner by City related to the Project, including
without limitation, any damage to or diminution in the value of the remainder of Owner's
property caused by, incident to, or related to the Project, value of, damage to and/or costs of
repair, replacement and/or relocation of any improvements, garages, turf, landscape, vegetation,
or any other structure or facility of any kind within the Easement Lands and/or Fee Lands related
to activities conducted pursuant to the Easements or City ownership of the Fee Lands,
interference with Owner's activities on the Easement Lands or other property interests of Owner,
caused by or related to activities related to the Easements, whether accruing now or hereafter,
and Owner hereby releases for himself, his heirs, devisees, successors and assigns, the City, it's
officers, employees, elected officials, agents and contractors from and against any and all claims
it may have now or in the future, related to the herein described matters, events and/or damages.
4
6. The Closing (herein so called) shall occur in and through the office of Universal Title
Agency, LLC, d/b/a Universal Land Title of Texas, 2650 Bardin Road, Suite 101, Grand Prairie,
Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date
which is 90 days after the Effective Date, unless the Owner and the City mutually agree, in
writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described
above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the
next resulting business day,
7.A. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing
to the Owner through the Title Company, Ad valorem taxes relating to the Fee Lands for the
calendar year in which Closing shall occur shall be prorated between Owner and City as of the
Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is
not known as of the Closing Date, the proration shall be based on the amount of taxes due and
payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in
cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which
Closing shall occur is known. The result of such proration is that the Owner shall pay for those
taxes attributable to the period of time prior to the Closing Date (including, but not limited to,
subsequent assessments for prior years due to change of land usage or ownership occurring prior
to Closing) and City shall pay for those taxes attributable to the period commencing as of the
Closing Date, Except as expressly provided otherwise herein, all other typical, customary and
standard closing costs associated with this transaction shall be paid specifically by the City,
except for Owner's attorney's fees, if any, which shall be paid by Owner.
7.B. Owner shall pay to Jay West at Closing, out of the Total Monetary Compensation, six
percent (6%) of the Total Monetary Compensation.
8. The date on which this Agreement is executed by the City shall be the "Effective Date" of
this Agreement.
5
9,A. In the event Owner shall default in the performance of any covenant or term provided
herein, and such default shall be continuing after ten (10) days written notice of default and
opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity
or otherwise, including without limitation, the remedy of specific performance.
B. In the event City shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity
to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to
Closing by written notice of such election to City; or (ii) enforce specific performance of this
Agreement.
10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE 1N
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
11. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; (ii) enter
into any Agreement that will be binding upon the Fee Lands or Easement Lands, less and except
the Temporary Easement Lands, or upon the Owner with respect to the Fee Lands or Easement
Lands, less and except the Temporary Easement Lands, after the date of Closing; or (iii) enter
into any agreement that will be binding on the Temporary Easement Lands, or upon Owner with
respect to the Temporary Easement Lands, prior to the termination of the Temporary Easement.
12. Owner represents all warrants to City that he has the full right, power and authority to sell
and convey the Property as provided in this Agreement and to carry out Owner's obligations
hereunder.
13. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall
be delivered by telephonic facsimile, hand delivery or by United States Maii, as described herein,
[�
and shall be deemed delivered and received upon the earlier to occur of (a) the date provided if
hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a
regularly maintained receptacle for the United States Mail, registered or cei�tified, return receipt
requested, postage prepaid, addressed as follows:
OWNER:
John Staples Shockley, as
Independent Executor of the
Estate of Eliza T. Shocicley, Deceased
Phone_
Telecopy
Copies to:
For Owner:
Telecopy;
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Suppor�t
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Citv:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E, McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
14. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement, Time is of the essence with respect to this Agreement.
15, The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deed and/or Easements.
16. In the event prior to the Ciosing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the talcing of
any portion of the Property, City may, at its election, terminate this Agreement at any time prior
to Closing.
7
17. Authority to take any actions that are to be, or may be, talcen by City under this Agreement
and/or Easements, including without limitation, adjusting the Closing Date of this Agreement
and/or the termination date of the Temporary Easement, are hereby delegated by City, pursuant
to action by the City Council of Denton, Texas, to Franlc Payne, City Engineer of City, or his
designee.
CITY OF DENTON, TEXAS
:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: , 2012
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
Date:
2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�..
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BY: e,;'�, � �w.._W � , � �. ,�
Date:
2012
OWNER:
JOHN STAPLES SHOCKLEY, AS INDEPENDENT
EXECUTOR OF THE ESTATE OF ELIZA T. SHOCKLEY,
DECEASED
Date;
�
2012
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended
from time to time, and as further set foi�th in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Universal Title Agency, LLC
d/b/a Universal Land Title of Texas
2650 Bardin Road, Suite 101
Grand Prairie, Texas 75052
Telephone: (972) 206-7570
Telecopy; (972) 206-2870
C
Printed Name:
Title;
Contract receipt date: , 2012
�
ATTACHMENT 1
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF DENTON
.
KNOW ALL MEN BY THESE PRESENTS:
That JOHN STAPLES SHOCKLEY, AS INDEPENDENT EXECUTOR OF THE
ESTATE OF ELIZA T. SHOCKLEY, DECEASED (herein called "Grantor"), for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and
valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a
Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney,
Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas being particularly described in Exhibit "A", attached hereto and made a part hereof
for all purposes, and being located in Denton County, Texas, together with any and all
rights or interests of Grantor in and to adjacent streets, alleys and rights of way and
together with all and singular the improvements and fixtures thereon and all other rights
and appurtenances thereto (collectively, the "Property"),
Grantor, subject to the limitation of such reservation made herein, reserves, for himself,
his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under
and that may be produced from the Property. Grantor, his heirs, devisees, successors and
assigns shall not have the right to use or access the surface of the Property, in any way,
manner or form, in connection with or related to the reserved oil, gas, and other minerals
and/or related to exploration and/or production of the oil, gas and other minerals reserved
herein, including without limitation, use or access of the surface of the Property for the
location of any well or drill sites, well bores, whether vertical or any deviation from
vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads,
electricity or other utility infrastructure, and/or for subjacent or lateral support for any
surface facilities or well bores, or any other infrastructure or improvement of any lcind or
type in connection with or related to the reserved oil, gas and other minerais, and/or
related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances (except oil and gas) that any reasonable extraction,
mining or other exploration and/or production method, operation, process or procedure
would consume, deplete or destroy the surface of the Property; and (ii) all substances
(except oil and gas) which are at or near the surface of the Property. The intent of the
par�ties hereto is that the meaning of the term "minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S, W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the sut•face
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any pai�t thereof, by, through or under Grantor, but not
Page 2 of 3
otherwise,
EXECUTED the
THE STATE OF
COUNTY OF
day of
��
0
2012.
JOHN STAPLES SHOCKLEY, AS
INDEPENDENT EXECUTOR OF THE
ESTATE OF ELIZA T. SHOCKLEY,
DECEASED
ACKNOWLEDGMENT
This instrument was acicnowledged before me on ,
2012 by John Staples Shocicley, as Independent Executor of the Estate of Eliza T.
Shockley, Deceased.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
Notary Public, State of Texas
My commission expires:
Property Tax Bills To:
City of Denton Finance Department
215 E, McKinney Street
Denton, Texas 76201
EXHIBIT "A" - Page 1 of 3
PAGE 1 OF 3 � , . EOTNT• QF .. . ..
; $F,GcINMNG ffILI,O'R'iS'OOA� STREET
� • (VARIABLE WIDTN R.O.W;),;
' ,..'FNO 3/8' I_?N�9'�5' 41"E 29J.63'
j � . . �+•
' �'� N89 '38' 03"W S86 ' 16' 36'� W I
1820-1822 BONNIE BRAE ' �� 140 . 00 ' 107 . a�
SCOTAT BR WN ; I� SE7 f/2 " I.R. SET 1/2 " I.R. I
INST. N0, 97-R0047097 � •��, ' y1/6AT CAP
o.R.o.c.T. ` W/GAI CAP
; � ; S45'21'S7"W .
i ;.' 21.21'
, � �.
"— , ,�'' � SET i/2 " I.R,
ACCE59 E6Hi� , �,� . .!. „ W/GAI CAP .
---� ---�--r '�. ...'
� . . •.
BERNICE K, JONES 6
ROBERT W. JONES
VOL, 773, PG. 63
D.R,O.C.7.
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2315 WILLOWWOOD 57.
ELTZA T, SHOCKLEY
INST. ND. 2005-74299
D,R.D.C,7,
6 I
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BASIS OF BEARING IS
aF 1983 (NAD-83) STA
IRON PIPE SYSTEM, TEXAS NORTH
/G I CAP R
\ ' S8g •59 � 11"W ' 5841 S, BONNIE 9RAE
� SBI� '�'j('j � [(6"� � , lOT 1, BLOCK !
�c4.KJ2' � 1gD�� 5WERETNCREEK A� IT ON,
CpO. M, PG. 00
P.R.O.C.T. •
AP TO
NOTE: SE7 1/2 I.R, W/ GAI C pi5—'RQw'"1
8E 5ET AT END OF CONSTRUCTION.
BEING A
32,352 SQ.FT./0.'74 ACRE
RrGHT—OF—WAY DEDICATION
SITUATED IN THE A. TOMPKINS SURVEY,
) 1/2."
I,R.
—SQO '51' 43"W
6.80'
SE W�GAI 'CAP p �
a2z5 wi�oww000 sr
JD V0� N 46fORL PG 5 174Li AN
�.R,O.C.T.
AMERICAN DATUM
NE COORDTNATE
� ABSTRACT N0. 1246� GRAPHIC SCALE ���1ao�
Graham Associates,inc. DENTON C�UNTY, TEXAS p 50 100 150
. CaNSULTING ENGINEERS dc PLANNERS
60D SIX FUCS OHIVE. SUITE 500
uxuHCm+, tflc�.s �em+ cs� a4o-esas DATE: SEPTEMBER 2011
7gpE FVW: F-itOijiHPtS Fl tassa-oo
_ . J/Denton/Pi5-ROW-1
Paga2of3
PARCEL 15-ROW-1
LEGAL DESCRI�'TION
RIGT�T-OF-WAY DEDICATION
EXIiIBIT "A" - Page 2 of 3
BELNG a 0.74 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas, being a portiori of a tract oi land conveyed to Eliza T. Shockley
as recorded in Tnstrument No. 2005-74299, Deed Records, Denton County, Texas and
being more particularly described by mates and bounds as follows:
BEGINNING at a found 3/8 inch. iron rod, said point being the northwest corner of said
Shockley tract, and being the intersection of existing east right-of-way line of Bonnie
Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of
Willowwood Street (having a variable�width R,O.W.);
THENCE North 89°35'41" East, leaving said existing east right-of-way line and along
said existing south right-of-way line,. a distance of 299.63 feet to a found 1/2 inch iron
rod for corner, said point being the northeast corner of said Shockley tract, and the
northwest corner of a tract of land conveyed to Joel and Marlea Steelman as recorded in
Volume 4610, Page 1741, Deed Records, Denton County, Texas, being a common line;
THENCE South 00°51'43" West, leaving sazd existzng south rigl�it-of-way line and along
said common line, a distance of 6.80 feet to a set 1/2 inch iron rod with GAI cap for
coz�ner, said point being in the proposed south right-of-way line of Willowwood Street
(having a variable width R.O.W.);
THENCE South 86°16'36" West, leaving �said common line and along said proposed
south right-of-way line, a distance of 107.81 feet to a set 1/2 inch iron rod with GAI cap
for corner;
THENCE North 89°38'03" West, continuing along said proposed south right-of-way line,
a distance of 140.00 feet to a set 1/2 inch iron rod with GAI cap for corner, said point
being the most northerly point of a corner-clip;
THENCE South 45°21'S7" West, leaving said proposed south right-of way line and along
said corner-clip, a dzstance of 21.21 feet to a set 1/2 inch iron rod with GAI cap for
corner, said point being in the proposed east right-of-way line of Bonnie Brae Street
(having a variable vvidth R.O,W.);
THENCE South 00°21'S7" West, leaving said corner-clip and along said proposed east
right-of-way line, a distance of 700.31 feet to a set 1/2 inch iron. rod with GAI cap for
corner, said point bezng in the south line of said.Shockley tract, and being in the nor�h
luie of Lot 1, Block l, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat
Records, Denton County, Texas, being a common line; �
EXHIBIT "A" - Page 3 of 3
Page 3 of 3
THENCE South 89°59'l l." West, along said common line, a distance of 19,21 feet to a
found iron pipe for corner, said point being the northwest corner of said Lotl, Block 1;
THENCE South 89°56'46" West, continuing along south line of said Shockley tract, a
distance o� 24.52 feet to a point for corner, said point being the southwest corner of said
Shockley tract and being in the existing east right-of-way line of said Bonnie Brae Street;
THENCE North 00°53'43" East, along said e7cisting east right-of-way line, a distance of
726.10 feet to the PO1NT OF BEGINNING and CONTAINING 32,352 square feet, 0.74
acres of land, more or less.
�
� p�,is�ya� �
ATTACHMENT 2
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
UTILITY AND SLOPE EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT John Staples Shocicley, as Independent Executor of the Estate of Eliza T. Shocicley,
Deceased ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration in hand paid by the City of Denton, Texas, 215 E, McKinney
Street, Denton, Texas 76201, receipt and sufficiency of which is hereby acknowledged, has
GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT,
BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual utility
and slope easement in, along, upon, under, over and across the following described property (the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the A.
Tompkins Survey, Abstract Number 1246, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining utilities and lateral slope, and related facilities and appurtenances, in, along, upon,
under, over and across said Property, including without limitation, the free and interrupted use,
liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across
the Property to Grantee herein, its agents, employees, contractors, workmen and representatives,
for the purposes set forth herein, including without limitation, the malcing additions to,
improvements on and repairs to said facilities and/or lateral slope features or grade or any part
thereof.
This Easement is subject to the following covenants and agreements:
1, Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any lcind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Fui�ther, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any lcind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to malce use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
�
Witness my hand, this the _ day of , 2012.
Grantor;
John Staples Shocicley, as Independent Executor
of the Estate of Eliza T. Shocicley, Deceased
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acicnowledged before me on , 2012, by
John Staples Shocicley, as Independent Executor of the Estate of Eliza T, Shocicley, Deceased.
Notary Public, in and for the State of Texas
My Commission Expires:
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012- ).
C
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn; Paul Wiiliamson
3
� PAGE 1 OF 2
EXHIBIT "A" - Page 1 of 2
_ �`^ PDI�, _0 • � ��._......._.."""_., ."""'
� ��rr C01iiMENC G � y���O�II STREET ���'
-- --' FN� 3/a' T.R (VARTABLE WT�TH R.0 �)
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555'07'24
44.92'
1820-]822 BONNIE BRAE
TRACT 19
5COTT 6ROWN
INST. ND. 97-R0047�97
D.R.D.C.T.
._� -r/' t .
—. — ,— ACLE59 E917� `� JI f�r�
� ROBERT W� JJONES 6
V�L. 773, PG. 63
D.R.O.C.7.
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2315 WILLOWWODD ST.
ELIZA 7, SHDCKLEY
TNST, N0. 2005-74299
D.R,D.C.T.
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2225 WILLOWWOOD 5T
JO VOL N 461D,L PG 5�741MAN
o.R.�.c.r.
BASIS OF BEARING I5 NORTH AMERICAN OA7UM
aF i9e3 (NAD-83) STATE PLANE cDORDINATE
SYSTEM, TEXAS NORTH CENTRAI..
\ , f�--SBg •59' 11"W ]B41 5� BONNIE BRAE
� `. — � LOT 1, BLOCK S,
\ i , I 8. OO � OREN & RUTH 7H�MA5
� , `� ` Tr)'yTr-"---`--- SWEE7 CREEK ADDITION,
V . CAB. M, PG. 80
P 15 -USE- i P•R.�.C.7.
� . BEING A
� 5,634 SQ.FT./�.13 ACRE �
. UTILITY & SL4PE EASEMENT
STTUATED IN THE A. T�MPKINS SURVEY,
ABSTRACT N0. 1246� GRAPHIC SCAIE ��-100�
DENTON COUNTY, TEXAS
^ Graham Associates,lnc. 0 50 �oo �50
� CONSULTING ENGINEERS k' PLANNERS
��y'j eoa sx tucs �ra�, sui�re cao
�a, ,��,oK, mc,ts �emt tat» wo-asss DA7E: SEPTEMBER 2011
TBPE FlFtGk F-tivt/TBt'LS FlRf.k 101536-DO
J/Denton/P15—USE—i
Page 2 of 2
P.ARCEL 15-USE-1
LEGAL DESCRTPTION
UTILITY & SLOPE EASEMENT
EXHIBIT "A" - Page 2 of 2
BETNG a 0.13 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas, being a portion af a tract of Iand conveyed to Eliza T. Shockley
as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas and
being more particularly described by metes and bounds as follows:
COMMENCING at a found 3/8 inch iron rod, said point being the northwest corner of
said Shockley tract, and being tha intersection of existing east right-of-way line of Bonnie
Brae Street (having a vaxiable vvidth R.O.W.), and the existing south right-of-way line of
Willowwood St�eet (having a variable width. R.O.W.);
THENCE South 55°07'24" East, leaving said intersection, a distance of 44.92 feet to a
point for the POINT OF BEGINNING, said point in the proposed east right-of-way line
of Bonnie Brae Street (having a variable width R.O.W,), and being the most southerly
point of a corner-clip;
THENCE North 45°21'S7" East, leaving said proposed east right-of-way line and along
said corner-clip, a distance of 11.31 feet to a point for corner; �
THENCE South 00°21'S7" West, leaving said corner-clip, a distance of 708.26 feet to a
point for corner, said point being in the south line of said Shockley tract, and being in the
north line of Lot 1, Block l, Svveet Creek Addition, as recorded in Cabinet M, Page 80,
Plat Records, Denton County, Texas, being a common line;
THENCE South 89°59'11" West, along said common line, a distance of 8.00 feet to a
point for corner, said point being in the proposed east right-of-way line of said Bonnie
Brae Street;
THENCE North 00°21'S7" East, leaving said common line and along said proposed east
right-of-way line, a distance of 700.31 feet to the POINT OF BEGINNING and
CONTAINING 5,634 square feet, 0.13 acres of land, more or less.
�5-� �- �-- --
ATTACHMENT 3
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SLOPE EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT John Staples Shocicley, as Independent Executor of the Estate of Eliza T, Shocicley,
Deceased ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration in hand paid by the City of Denton, Texas, 215 E. McKinney
Street, Denton, Texas 76201, receipt and sufficiency of which is hereby acknowledged, has
GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT,
BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual slope
easement in, along, upon, under, over and across the following described propei�ty (the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the A.
Tomplcins Survey, Abstract Number 1246, to wit;
PROPERTY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining lateral slope in, along, upon, under, over and across said Property, including without
limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times
in, along, upon, under, over and across the Property to Grantee herein, its agents, employees,
contractors, worlcmen and representatives, for the purposes set forth herein, including without
limitation, the malcing additions to, improvements on and repairs to said lateral slope features or
grade or any part thereof.
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any lcind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acicnowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope, No activity, of any lcind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material,
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way,
4. Trees and Landscaping. No shrub or tree shall be planted upon the Propei�ty or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to malce use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns,
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness our hands, this the day of , 2012.
0
Grantor:
John Staples Shocicley, as Independent Executor
of the Estate of Eliza T. Shocicley, Deceased
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acicnowledged before me on , 2012, by
John Staples Shocicley, as Independent Executor of the Estate of Eliza T. Shocicley, Deceased.
Notary Public, in and for the State of Texas
My Commission Expires,
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012- ).
C
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
3
J
PAGE i DF" 2
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2315 WILLOWWOOD 5T,
ELTZA 7. SHOCKLEY
INST. ND, 2005-74299
D.R.D.C.T.
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JDEL AN� HARLEA STEELMAN
V�L. 4670, PG, f741
O.R.�.C.T.
BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COOR�INATE
SYSTEM, TEXAS NORTH CEN7RAL.
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BETNG A
437 SQ.FT./0.01 ACRE
SLOPE EASEMENT
SITUATED IN � THE A. TOMPKINS
ABSTRACT N0. 1246,
Graham Associates,lnc. DENT�N COUNTY, TEXAS
. CONSULTING ENGINEERS k PU,NNERS
aoa sx rucs orave. snT� aoo
/+RLINGTON, iIXtiS 7eo11 (81» 648-8555
re� Flruw v-ttw/re�ts t� trn�a-oa
SURVEY, �
GRAPHIC SCALE 1'�100'
0 50 100 150
OA7E; SEPTEMBER 2011
J/Denton/P15-SE-i
Page2of2
PARCEL 15-5E-1
LEGAL DESCRTPTION
SLOI'E EASEMENT
EXHIBIT "A" - Page 2 of 2
BEING a 0.01 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas; being a portion o£ a tract of land conveyed io Eliza T. Shockley
as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas and
being more particularly described by metes and bounds as follows:
COMMENCING at a found 3/8 inch iron rod, said point being the northwest corner of
said Shockley tract, and being the intersectior� of existing east right-of-way line of Bonnie
Brae Street (having a vaziable width R.O.W.), and the existing south right-of-way line of
Willowwood Street (having a variable width R.O.W.);
THENCE South 78°16'25" East, leaving said intersection, a distance of 53.06 feet to a
point for the POINT OF BEGINNING, said point in the proposed south right-of-way line
of Willowwood Street (having a variable width R.O,W.), and the most northerly point of
a corner-clip; '
THENCE South 89°38'03" East, along said proposed south right-of-way line, a distance
of 85.00 feet to a point for corner;
THENCE 5outh 00°21'S7" West, leaving said proposed right-of-way line, a distance of
5.00 feet to a point for corner; .
THENCE North 89°38'03" West, a distance of 90.00 feet to a point for corner, said point
being in said proposed corner-cli�; �
THENCE North 45°21'S7" East, along said proposed corner-clip, a distance of 7.07 feet
to the POINT OF BEGINNING and CONTAINING 437 square feet, 0.01 acres of land,
more or less.
03�� s— �""
ATTACHMENT 4
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT John Staples Shockley, as Independent Executor of the Estate of Eliza T, Shockley,
Deceased ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10,00) and other
good and valuable consideration in hand paid by the City of Denton, Texas, 215 E. McKinney
Street, Denton, Texas 76201, receipt and sufficiency of which is hereby acicnowledged, has
GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT,
BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a temporary
construction, grading and access easement in, along, upon, under, over and across the following
described property (the "Property"), owned by Grantor, and situated in Denton County, Texas,
located in the A, Tomplcins Survey, Abstract Number 1246, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may
remove from the Property above described, such fences, signage, buildings and other obstructions
as may now or hereafter be found upon said Property, for the purpose of construction activities,
grading activities and access in, along, upon, under, over and across said Property. It is
specifically stipulated by Grantor that the scope of the access, construction and grading activities
shall include the clearing and removal of vegetation and trees that exist within the Property.
The City of Denton, its agents, employees, contractors, workrrien, and representatives shall have
the right of ingress, egress and regress in, along, upon, under, over and across said Propei�ty for the
purpose of access, construction and grading activities or any part thereo£
The term of this Temporary Construction, Grading and Access Agreement shall commence on the
date of the "Contractor Notice to Proceed" related to the portion of the Bonnie Brae Widening and
Improvements Project affecting the Property and terminate on the earlier to occur of (i) two (2)
years from such date of the herein referenced "Contractor Notice to Proceed"; or (ii) December 31,
2015, unless the parties mutually agree in writing to an extension or reduction of such term.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness our hands, this the day of , 2012.
Grantor:
John Staples Shockley, as Independent Executor
of the Estate of Eliza T. Shocicley, Deceased
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on , 2012, by John
Staples Shocicley, as Independent Executor of the Estate of Eliza T. Shocicley, Deceased.
Notary Public, in and for the State of Texas
My Commission Expires:
2
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012-�.
:
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
' � �
PAGE 1 OF
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VOL. 1151, PG. 328
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SCOTT BROWN
INST. N0. 97-RO047o97
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^--, __ r �"_'__"_"'_"'��tr...'_'_'.."'�'
POIN� OF 1fILL0'N'�YOOU STREET
i1 BEGIIVNING � fl�__ _�VARIABLE_WTDTH JR�p. N. )
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2315 WILLOWW0�0 5T,
ELiZA T. SHOCKLEY
INST, N0. 2005-74299
D.R.D.C,7.
2225 WiLLOWWDOD ST
JDEL AND MARLEA STEELHpN
VOL. 46f0, PG. 1741
O.R,D.G.T.
BASIS OF BEARING T5 NORTH AMERTCAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINA7E
5YSTEM, TEXAS NORTH CEN7RAL.
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BEING A �
400 SQ.FT./0.01 ACRE
TEMPORARY CONSTRUCTI4N EASEMENT �
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246,
DENT�N COUNTY, TEXAS GRAPHIC SCALE i°�100'
^ Graham Associates,lnc. 0 5o ioo i5o
(( �+ CONSULTINC ENGINEERS k PIANNERs
`! aoo s�x ruos ornv�, surre aoo
�" � ���� Fl� ,°� � DATE: SEP7EMBER 2011
J/oenton/P15-7CE-1
Page 2 of 2
PARCEL 15-TCE-1
LEGAL DESCRTPTTON
TEMPORARY CONSTRUCTTON EASEMENT
PXHIBIT "A" - Page 2 of 2
BE1NG a 0.01 acre tract of Iand situated in the A. Tompkins Sun�ey, Abstract No. 1246,
Denton County, Texas, being a portion of a tract of land conveyed to Eliza T. Shockley
as recorded in Instrument No. 2005-74299, Deed Records, Denton. County, Texas and
being more particularly described by metes and bounds as follows:
COMMENCING at a found 3/8 inch iron rod, said point being the northwest corner of
said Shockley tract, and being the intersection of existing east right-of-way line of Bonnie
Brae Street (having a variable width R.O.W,), and ihe existing south right-of-way line of
Wzllowwood Street (having a variable width R.O.W.);
THENCE South 78°16'25" East, leaving said intersection, a distance of 53.06 feet to a
point, said point in the proposed south right-of-way line of Willowwood Street (having a
variable width R,O,W.);
THENCE South 89°38'03" East, along said proposed south right-of way line, a d'zstance
of 85.00 feet to a point for the POINT OF BEGINNING;
THENCE South 89°38'03"�East, continuing along said proposed south right-of-way lirze,
a distance of 35.00 feet to a point for corner;
THENCE South 00°21'57" West, leaving said proposed south righi-of-way line, a
distance of 10.00 feet to a point for corner;
THENCE North 89°38'03" West, a distance of 45.00 feet to a point for corner;
THENCE North 00°21'S7" East, a distance of 5.00 feet to a point for corner;
THENCE South 89°38'03" East, a distance of 10,00 feet to a point for corner;
THENCE North 00°21'S7" East, a distance of 5.00 feet to the POINT OF BEGINNING
and CONTAINING 400 square feet, 0.01 acres of land, more or less.
• • D3�/5" �-"��
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 ����'
SUBJECT
Consider adoption of an ordinance authorizing the execution of a Purchase Agreement (herein so
called), as attached hereto and made a part hereof as Exhibit "A", by and between Jean MG.
Tunnell, formerly lcnown as Jean M Goodson, as owner, and the City of Denton, Texas, as
Buyer, regarding the sale and purchase of (I) fee simple to a 0.08 acre tract; (II) a utility and
drainage easement encumbering a 0.04 acre tract; and (III) a drainage easement encumbering a
0.27 acre tract, all situated in the O.S. Brewster Survey, Abstract Number 56, City of Denton,
Denton County, Texas, as more particularly described on Exhibit "A" to the Purchase
Agreement, located generally in the 2200 Blocic of South Bonnie Brae Street (the "Property
Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street
and roadway, for the purchase price of Three Thousand Nine Hundred Seventeen Dollars and No
Cents ($3,917.00), and other consideration, as prescribed in the Purchase Agreement; authorizing
the expenditure of funds therefore; and providing an effective. (Bonnie Brae Widening and
Improvements proj ect)
BACKGROUND
The City Council considered and approved an initial offer to purchase the captioned land rights
on May 1, 2012, for the purchase price of $3,917.00
At the time of the creation of the Offer to Purchase document pacicage, the record title to the
parent tract affected by the road widening project was Agnes H. Rogers and Jean MG. Tunnell,
formerly Jean Goodson.
Upon presentation of the Offer to Purchase the record property owners, Agnes H. Rogers stated
that it was her understanding that she had conveyed her interests of the affected property to Jean
MG. Tunnell, years ago. This was also the understanding of Jean Tunnell, however the land
records did not reflect a formal conveyance. Agnes Rogers has since formally deeded her
ownership interests to Jean Tunnell and Mrs. Tunnell has accepted the City's offer to purchase
the land rights necessary for the road proj ect.
Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase
transaction with the singular property owner, Mrs. Tunnell.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
May 1, 2012 (initial offer to purchase Ordinance 2012-093)
FISCAL INFORMATION
The overall Bonnie Brae Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP `08) funds and City of Denton local match funds. The purchase
offer price of $3,917.00 plus closing costs as prescribed in the Agreement are to be funded
through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
Prepared by,
� �
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Paul Williamson,
Real Estate Manager
Respectfully subnutted,
������
�
Franlc G. Payne, P.E.
City Engineer
�ocation Map TUNNELL �c ROGERS — P23
EXHIBIT 1 attachment to AIS Bonnie Brae Widening and Improvements
EXHIBIT 2 attachment to AIS
s:Uegal\our documents\ordinances\12\tunnell ordinance.doc
ORDINANCE NO. 2012-
AN ORDINANCE AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT
(HEREIN SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS
EXHIBIT "A", BY AND BETWEEN JEAN M.G. TIJNNELL, FORMERLY KNOWN AS
JEAN M. GOODSON, AS OWNER, AND THE CITY OF DENTON, TEXAS, AS BUYER,
REGARDING THE SALE AND PURCHASE OF (I) FEE SIMPLE TO A 0.08 ACRE TRACT;
(II) A UTILITY AND DRAINAGE EASEMENT ENCUMBERING A 0.04 ACRE TRACT;
AND (III) A DRAINAGE EASEMENT ENCUMBERING A 0.27 ACRE TRACT, ALL
SITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT NUMBER 56, CITY OF
DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON
EXHIBIT "A" TO THE PURCHASE AGREEMENT, LOCATED GENERALLY 1N THE 2200
BLOCK OF SOUTH BONNIE BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE
PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A
MUNICIPAL STREET AND ROADWAY, FOR THE PURCHASE PRICE OF THREE
THOUSAND NINE HUNDRED SEVENTEEN DOLLARS AND NO CENTS ($3,917.00),
AND OTHER CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE,
WHEREAS, the City of Denton ("City") made an Initial Offer to the Owner to purchase
the Property Interests, pursuant to Ordinance No. 2012-102, passed and approved by the City
Council of the City of Denton on May 1, 2012;
WHEREAS, one of the owners to which the Initial Offer was made conveyed her interest
in the Property Interests prior to the City malcing of the Initial Offer;
WHEREAS, Owner has agreed to the terms of the Purchase Agreement, as evidenced by
her execution thereof, and same is acceptable to the City and in the best interest of the citizens of
the City; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1, The City Council finds that a public use and necessity exists, and that the
public welfare and convenience require, the acquisition of the Property Interests by the City of
Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition
of the Property Interests is necessary for public use to provide street and roadway expansion and
improvements to serve the public and the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to (a) execute for
and on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A", with a purchase price of $3,917.00
and other consideration, plus costs and expenses, all as prescribed in the Purchase Agreement;
and (ii) any other documents necessary for closing the transaction contemplated by the Purchase
Agreement; and (b) to make expenditures in accordance with the terms of the Purchase
Agreement.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining poi�tion shall remain in full
force and effect,
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012.
MARK A. BURROUGHS, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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By: ���� � �� �__.' �ti...; � � s _�
EXHIBIT "A"
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated
2012, but effective as of the date provided below, between Jean M.G. Tunnell, formerly lcnown
as Jean M. Goodson ("Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Jean M.G. Tunnell is the Owner of a tract of land (the "Land") in the O. S,
Brewster Survey, Abstract Number 56, being affected by the public improvement project called
the Bonnie Brae Street Widening and Improvements Project ("Project"); and
WHEREAS, City is in need of cei�tain (i) fee simple lands, being a part of the Land; and (ii)
easements in, along, over, upon, under and across, a portion of the Land, each related to the
Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so called), conveying to the City, subject to the reservations described
below, the tract of land being described in Exhibit "A" to that certain Special Warranty Deed,
and other interests as prescribed th�rein (the "Fee Lands"), the Special Warranty Deed being
attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Drainage Easement
(herein so called), in, along, upon, under, over and across the tract of land being described in
Exhibit "A" to that certain Utility and Drainage Easement (the "Utility and Drainage Easement
Lands"), attached hereto as Attachment 2 and made a part hereof, for utility and drainage
purposes, as more particularly described therein; and (iii) a Drainage Easement (herein so
called), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to
that certain Drainage Easement (the "Drainage Easement Lands"), attached hereto as Attachment
3 and made a pai�t hereof, for drainage purposes, as more particularly described therein (the
Utility and Drainage Easement Lands and the Drainage Easement Lands are collectively referred
to herein as the "Easement Lands").
The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1"; (ii) the Utility and Drainage Easement shall be in the
form and upon the terms as attached hereto and incorporated herein as Attachment 2; and (iii) the
Drainage Easement shall be in the form and upon the terms as attached hereto and incorporated
herein as "Attachment 3" (the Utility and Drainage Easement and the Drainage Easement are
collectively referred to herein as the "Easements") (the Fee Lands and the Easements are
coliectively referred to herein as the "Property").
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for herself,
her heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and
that may be produced from the Fee Lands. Owner, her heirs, devisees, successors and assigns,
shall not have the right to use or access the surface of the Fee Lands, in any way, manner or
form, in connection with or related to the reserved oil, gas, and other minerals and/or related to
�
exploration and/or production of the oil, gas and other minerals reserved herein, including
without limitation, use or access of the surface of the Fee Lands for the location of any well or
drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas,
seismic activities, tanlcs or tanlc batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral suppoi�t for any surface facilities or well bores, or
any other infrastructure or improvement of any lcind or type in connection with or related to the
reserved oil, gas and other minerals, and/or related to the exploration or production of same,
As used herein, the term "minerals" shall inciude oil, gas and all associated hydrocarbons, and
shall exclude (i) all substances (except oil and gas) that any reasonable extraction, mining or
other exploration and/or production method, operation, process or procedure would consume,
deplete or destroy the surface of the Fee Lands; and (ii) all substances (except oil and gas) which
are at or near the surface of the Fee Lands. The intent of the parties hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set fot�th in Reed v. Wylie,
597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Fee Lands and the Easements to the
City, the City shall pay to Owner at Closing the sum of Three Thousand Nine Hundred and
Seventeen and No/100 Dollars ($3,917.00). The monetary compensation prescribed in this
Section 2 is herein referred to as the "Total Monetary Compensation".
3, In addition to the Total Monetary Compensation, and being a component part of the Project,
any private service lines or irrigation lines situated within the Easement Lands and affected by
the Project, shall either be repaired or rearranged, at the sole cost and expense of the City, as
iield conditions warrant. The worlc prescribed in this Section 3 is herein referred to as the
`Basement Worlc".
�3
4. The Owner shall convey and grant to the City the Fee Lands and the Easements free and
clear of all debts, liens and other encumbrances (the "Encumbrances"). The Owner shall assist
and support satisfaction of all closing requirements of the City in relation to solicitation of
releases or subordinations of the Encumbrances and other curative efforts affecting the Fee
Lands and/or Easement Lands, if necessary in the discretion of the City. In the event that all
Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a
default hereunder, although Owner may otherwise be in default under Section 11, below.
However, if the Encumbrances are not cured as provided herein, City has the option of either (i)
waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this
Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter
event Owner and City shall have no further obligations under this Agreement.
5. Owner stipulates that the Total Monetary Compensation payment and the Easement Worlc
constitute and include all compensation due Owner by City related to the Proj ect, including
without limitation, any damage to or diminution in the value of the remainder of Owner's
property caused by, incident to, or related to the Project, value of, damage to and/or costs of
repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any
other structure or facility of any lcind within the Easement Lands and/or Fee Lands related to
activities conducted pursuant to the Easements or City ownership of the Fee Lands, interference
with Owner's activities on the Easement Lands or other property interests of Owner, caused by
or related to activities related to the Easements, whether accruing now or hereafter, and Owner
hereby releases for herself, her heirs, devisees, successors and assigns, the City, it's officers,
employees, elected officials, agents and contractors from and against any and all claims they may
have now or in the future, related to the herein described matters, events and/or damages.
6. The Closing (herein so called) shall occur in and through the office of Universal Title
Agency, LLC, d/b/a Universal Land Title of Texas, 2650 Bardin Road, Suite 101, Grand Prairie,
Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date
C�!
which is 90 days after the Effective Date, unless the Owner and the City mutually agree, in
writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described
above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the
next resulting business day.
7, The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to
the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the
calendar year in which Closing shall occur shall be prorated between Owner and City as of the
Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is
not lcnown as of the Closing Date, the proration shall be based on the amount of taxes due and
payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in
cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which
Closing shall occur is lcnown. The result of such proration is that the Owner shall pay for those
taxes attributable to the period of time prior to the Closing Date (including, but not limited to,
subsequent assessments for prior years due to change of land usage or ownership occurring prior
to Closing) and City shall pay for those taxes attributable to the period commencing as of the
Closing Date. All other typical, customary and standard closing costs associated with this
transaction shall be paid specifically by the City, except for Owner's attorney's fees, if any,
which shall be paid by Owner.
8. The date on which this Agreement is executed by the City shall be the "Effective Date" of
this Agreement.
9.A. In the event Owner shall default in the performance of any covenant or term provided
herein, and such default shall be continuing after ten (10) days written notice of default and
opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity
or otherwise, including without limitation, the remedy of specific performance.
B. In the event City shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity
to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to
5
Closing by written notice of such election to City; or (ii) enforce specific performance of this
Agreement.
10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
11. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter
into any Agreement that will be binding upon the Fee Lands or Easement Lands or upon the
Owner with respect to the Fee Lands or Easement Lands after the date of Closing.
12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shail
be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein,
and shall be deemed delivered and received upon the earlier to occur of (a) the date provided if
hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a
regularly maintained receptacle for the United States Mail, registered or certified, return receipt
requested, postage prepaid, addressed as follows:
OWNER:
Jean M,G. Tunnell
212 Solar Way
Denton, TX 76207-2204
Phone
Telecopy:
CITY:
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
�
Copies to:
For Owner: For Citv:
Telecopy;
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E, McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
13. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement, Time is of the essence with respect to this Agreement.
14. Owner represents and warrants to the City that she is an unmarried person, or if married, (i)
the Property comprises no part of the homestead of Owner and spouse; and (ii) the Property is
the separate property of Owner, or if community property, that Owner has the legal authority to
perform all actions and obligations prescribed by this Agreement,
15. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deed and/or Easements.
16. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Property, City may, at its election, terminate this Agreement at any time prior
to Closing.
17. Authority to take any actions that are to be, or may be, taken by City under this Agreement
and/or Easements, including without limitation, adjusting the Closing Date of this Agreement,
are hereby delegated by City, pursuant to action by the City Council of Denton, Texas, to Frank
Payne, City Engineer of City, or his designee.
7
eo la�becl thia Ag�+ee',�.e�t, t#�e affer t� 1�hase �de
�8, U�Crn olosxng af t�e tt�nsa�cti.an nt�mP �i'
to Owner �d Agnes �T. �i.a�, ����y af �'� Ordinat�ce Nu. 2Q1.2-09�, sk�ll be
revolred snd nuU $nd woid.
C�TX OF Il►�IV'�'QN, TE�iS
�y:
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�ZTY MAN�C��.
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A'�'PIEttJVED AS TO �AL F[�RM:
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RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acicnowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended
from time to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Universal Title Agency, LLC
d/b/a Universal Land Title of Texas
2650 Bardin Road, Suite 101
Grand Prairie, Texas 75052
Telephone: (972) 206-7570
Telecopy; (972) 206-2870
:
Printed Name:
Title:
Contract receipt date: , 2012
�
ATTACHMENT 1
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF DENTON
r,
�
�
KNOW ALL MEN BY THESE PRESENTS:
That JEAN M.G. TUNNELL, formerly known as Jean M. Goodson, not joined by
her spouse due to the Property comprising no part of their homestead ("Grantor"), for and
in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good
and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS,
a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney,
Denton, Texas 76201, the receipt and sufficiency of which are hereby acicnowledged and
confessed, has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas being particularly described in Exhibit "A", attached hereto and made a part hereof
for all purposes, and being located in Denton County, Texas, together with any and all
rights or interests of Grantor in and to adjacent streets, alleys and rights of way and
together with all and singular the improvements and iixtures thereon and all other rights
and appurtenances thereto (collectively, the "Property"),
Grantor, subject to the limitation of such reservation made herein, reserves, for herself,
her heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under
and that may be produced from the Property. Grantor, her heirs, devisees, successors and
assigns shall not have the right to use or access the surface of the Property, in any way,
manner or form, in connection with or related to the reserved oil, gas, and other minerals
and/or related to exploration and/or production of the oil, gas and other minerals reserved
herein, including without limitation, use or access of the surface of the Property for the
location of any weil or drill sites, well bores, whether vertical or any deviation from
vertical, water wells, pit areas, seismic activities, tanks or tanlc batteries, pipelines, roads,
electricity or other utility infrastructure, and/or for subjacent or lateral support for any
surface facilities or well bores, or any other infrastructure or improvement of any lcind or
type in connection with or related to the reserved oil, gas and other minerals, and/or
related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances (except oil and gas) that any reasonable extraction,
mining or other exploration and/or production method, operation, process or procedure
would consume, deplete or destroy the surface of the Propei�ty; and (ii) all substances
(except oil and gas) which are at or near the surface of the Property. The intent of the
parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, tluough or under Grantor, but not
Page 2 of 3
otherwise.
EXECUTED the
THE STATE OF
COUNTY OF
�
0
day of
2012.
JEAN M.G. TUNNELL, formerly lcnown as
Jean M, Goodson
ACKNOWLEDGMENT
This instrument was acknowledged before me on
by Jean M.G. Tunnell, formerly lcnown as Jean M. Goodson.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
Notary Public, State of Texas
My commission expires;
2012
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
pAGE ! oF 2
N88'40'0�"E �
R06ERT W. JONES, JR 35, 44 �
VOL. 773, P0. 65
D.R,D.C,T. , 5E7 1/2" I.R
W/GAI CAP �
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JEAN M,G. TUNN�LL 6 �
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EXHTBIT "A" - Page 1 of 2
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BASTS OF BEARING'IS NDRTH AMERICAN DA7UM
D� 1583 (NAD-83) S7AT� PLAN� COORDINATE
5Y5TEM, TEXAS NOFiTH CEN7FIAL.
2324 HInHLANb pARK RD
MILTdN B. CLEARMAN 9
SPOUSE, ANITA A. CLEAPMAN
VOL. 4437, PG. 2213
O.R.Il.C.7�
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� PARCEL 23—R0�-1
�EING A
3,471 SQ.FT./0,08 ACRE
RIGHT—OF�WAY D�DxCATION
SITUATED YN THE O.S. BREWSTER SURVEY
ABSTRACT N0. 5S .
DENTON COUNTY, TEXAS
� Graham Associptes,lnc.
. �oNSUITINO ENGINeERS dc PLANNERS .
600 SIk FLAtrS �RIYF SUITE 600
ARClNOTON, TEXAS 78611 (81» 640-85'J5
iHPE FlRA1t F-11G1/TBPL9 FIRAfI 10163b--o0
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SCALE: 1"= 60'
DA7E: AUGUST 2011
J/denton/P23-ROW-i
Page 2 of 2
PARCEL 23-RO'W-1
LEGAL DESCRIl'TTON
RIGHT-OF-WAY DEDICATION
EX�IT "A" - Page 2 of 2
BEING a 0.08 acre tract oi land situated in tk�e O,S, Brewster Surve�, Abstract No, 56,
Denton Courxty, Texas, beir�g a portion of Lot 1, Solar 'Way Addition as recorded in
Cabinet B, Paga 196, Plat Records, Denton County, Texas, and being conveyed by deed
to Jean'M.G, Tunnell & Agnes H, Roge:rs, as recorded i� Volume 994, Page 652, Deed
Records, Denton County, Texas and being rnore particularly described by metes and
bounds as follows;
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of Lot
2, and the r�ortheast corner of Lot 3A, Solar Way Addition, as recor,ded Cabinet �I, Page
44, Plat Reaords, Denton County, Texas, and being in tk�a existing west right-of-way lina
of Bo�nnie Brae Street (having a variable width R.O,W,);
THENCE North 00°17'S4" East, along sxid exisfiin.g west rigtz�-of-way line, a distance of
250.00 feet�to �oint, for the POINT OF B�GINNING, said point being the southeast
corner of said Lot 1, and the noz�theast corner of said Lot 2, Solar Way Addition, being a
common lin.e;
THENCE South 70°54'S4" i�Vest, leaving said existing west right-of way line and along
said common line, a distance nf 31,03 feet to a set 1/2 inch iron rod with GAI cap for
corner, for the beginning of a�on�tangent curve to the right having a radius of 1047.50
feet an.d a central angla of 5°56'02", and a long chord wk�ich bears North 02°57'10" West,
108.44 feet, said �o:int be�ng in the proposed west right-of-way line of Bonnie Brae 5treet
(ha�ving a variable width R.O.W.);
THENCE l�aving said common 1ine, along said proposed west rigl�t-o£ way line and
along said non-tangent curve to the right an arc distanoe of 108.48 feet to a set l/2 inch
zroa xod with GAI oap for corner, said point being in the north lin.e of sazd Lot 1, and also
being in the south line of a tract of land conveyed to Robert W, Jones, Jr, as recorded in
Volume 773, Page 55, Deed Records, Denton County, Texas, being a common line;
THENCE North 88°40'03" East, leaving said proposed west right-of-way line and along
saxd common line, a distance of 35,44 feet to a point for corner, said point being in the
existing west right-n£-way line of said Bonnie Brae Street; .
THENCE South 00°17'S4" West, leavung said common Iine aud along sazd existing west
right-of-way line, a distance of 98,97 feet to the pOINT OF BEGINNING an.d
CONTA,INING 3,471 square feet, 0.08 acres of land, more or less.
d�-r � - ���c
ATTACHMENT 2
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
UTILITY AND DRAINAGE EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Jean M.G, Tunnell, formerly lcnown as Jean M. Goodson, not joined by her spouse due to
the Property comprising no part of their homestead ("Grantor"), whose mailing address is 212
Solar Way, Denton, Texas 76207-2204, in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas,
receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED,
SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY
unto the City of Denton, Texas ("Grantee") a perpetual utility and drainage easement in, along,
upon, under, over and across the following described property (the "Property"), owned by
Grantor, and situated in Denton County, Texas, located in the O.S. Brewster Survey, Abstract
Number 56, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes;
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining utilities and drainage, including without limitation, the right to overflow the
Property, and related structures, facilities and appurtenances, in, along, upon, under, over and
across said Property. The rights granted herein shall further include, without limitation, the free
and interrupted use, libei�ty, passage, ingress, egress and regress, at all times in, along, upon,
under, over and across the Property to Grantee herein, its agents, employees, contractors,
worlctnen and representatives, for the purposes set foi�th herein, including without limitation, the
making additions to, improvements on and repairs to said utilities and drainage facilities and/or
drainage features or grade or any par�t thereof.
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2, Maintenance of Lateral Slope, No activity, of any lcind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope established for
drainage, including without limitation, excavation or movement of soil or other material.
3. Access, For the puipose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to malce use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns,
�
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described,
Witness my hand, this the
Grantor:
day of
Jean M.G. Tunnell, formerly lcnown as
Jean M. Goodson
THE STATE OF TEXAS
COUNTY OF DENTON
ACKNOWLEDGMENT
`�
�
This instrument was acknowledged before me on
Jean M.G. Tunnell, formerly lcnown as Jean M. Goodson,
Accepted this day of
Texas (Ordinance No. 2012- ).
C
Paul Williamson
Real Estate Manager
Zoi2.
Notary Public, in and for the State of Texas
My Commission Expires:
�
2012, by
2012, for the City of Denton,
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
pAG� 1 OF 3
ROBER7 W, JDNE5, Jp
VOL, 773, PG, 55 '
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2324 HIGHt,AND PARK RD
MILTON B. CLEARMAN 6
SPOUS�, ANITA A. CLEAAMAN
VOL, 4437, f'G. 2213
O.R,O.C.T,
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BASIS OF BEARING IS NORTH AMERICAN IJA7UM
OF 198� WAO-63) STATE pLANE CDOROTNA7�
SYSTEM, TEXAS NORTH C�N7RAL.
PARCEL 23—�TDE-1
BEING A . .
. 1,776 SQ.FT,/0.�4 ACRE
UTILITY & DRAINAG� EASEMENT
SITUATED IN THE �.5. �BREWSTER SURVEY
� � ABSTRACT N0, 56
DENTON COUNTY, TEXAS
^ Grpham Associates,lnc.
�+ CONSULTING fiNGINEERS � PLANNERS
`�� eoo mx tuos or�vE, sui� soo
a�uNCroN, ra�s 76011 (atr) a�o-�ns�
TBPE FlRMt F-17D1/iBP1.9 FlRM:,101638-00
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SCALE: 1 "= 60 '
DA7E: AUGUST 2011
J/Denton/P23-UtiE-1
Page 2 of 3
PARCEL 23-UDE-1
LECAL DESCRIPTION
UTILITY & DRAINAGE EASEIv1Er1'�'
EXHIBIT "A" - Page 2 of 3
BEING a 0,04 acre tract of land situated in the O.S. Brewster 8urvey, Abstract No. 56,
Denton County, Texas, being a port�on of Lot 1, Solar,'Way Addition as recorded izz
Cabinet B, Page 196, Plat Records, benton County, Taxas, and being conveyed by deed
to Jean M,G, Tunnell & Agnes H. Rogers, as recorded in Volur�.e 994, Page 652; Deed
Recoi�ds, Denton County, Texas and being more particularly described by metes and
bounds as follows:
COMMENCINGr at a foun.d 1/2 inch iron rod, said point being the southeast corner of Lot
2, and tha northeast coruer of Lot 3A, Solar Way Addition, as recorded Cabznet H, �'age
44, Plat Records, Denton County, Texas, and being in the existing west right-of way line
o�Bonnia Brae Street (having a variable width R,O,W,);
THENCE North�00°1'1'S4" East, along s�id existing west right-of way ]ine, a distance of
70.20 feet to a pnint �for coruer, said point being in the proposed west right-o£ way line of
Bonni� Brae Street (having a variable width R.O,W,;
THENCE North 10°43'36" West, leaving said existing west right�of-way line and along
said �proposed west right�of-way 1ina, a distance of 84.19 t'eet to a point for cornerc, for the
baginning of a non-tangent curve to the right having a xadius o� 1047,50 feet and a cantral
angle of 4°48'26", and a loz�g chord whiah bears North 08°19'23" West, 87.86 feet;
THENCE coz�tinu�ng along said proposed west right-of way line �nd alor�g said non,
taz�gent curve to the right an arc distance oi 87.88 feet to a point for tha POINT OF
BEGINNING, said point being in the soutl� line of said Lot 1, and in the north �ine of said
Lot 2, Solar Way Addition, being a comnnon ]ine;
THENCE South 70°5�'S4" West, lea�ving said proposed west right-of way line and along
said common lane, .a distance of 16,43 feet to a point for corner, %r tha beginning of a
z�on-tangent curve to the xzght having a radius of 1063,50 feet and a central angle of
6°06'S4", and a long choxd whichbears North 03°03'49" �1Vest, 113,q�5 feet;
THENCE leaving said common li.na and along said non-tangent curve to the right an. arc
distance of 113.51 feet to a poit�t fox cornex, said point being in tha north line of said Lot
1, and also being it� the south line of a tract nf land conveyed to Robert W, Joiyes, Jr, as
recorded in Volume 773, Page 55, Deed Records, Denton County, Texas, being a
comumon line;
EXHTBIT "A" - Page 3 of 3
Page 3 o:f 3
THENCE Nort� 88°40'03" East, along said coznmon line, a distance of 16.00 feet to a
point £or corner, foi� the beginturig of a non-tangent curve to the left having a radxus of
1047,50 feet and a central angle of 5°56'OZ", and a lon.g chord which bears South
02°57'10" East, 108,44 �eet, said, poznt being in the proposad west right-o£ way line of
said Bonnie Brae Street;
THENCE alo�ng said proposed west right-of way line and along said non-tangent curve to
the left an arc d'zstance of 108,48 feet to a the pOINT OF BEGTNNING and
CONTAINING 1,776 square feet, 0.04 acres of land, more or less.
.� -
ATTACHMENT 3
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS
COUNTY OF DENTON
DRAINAGE EASEMENT
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
THAT Jean M.G. Tunnell, formerly lcnown as Jean M, Goodson, not joined by her spouse due to
the Property comprising no part of their homestead ("Grantor"), whose mailing address is 212
Solar Way, Denton, Texas 76207-2204, in consideration of the sum of Ten and No/100 Dollars
($10,00) and other good and valuable consideration in hand paid by the City of Denton, Texas,
receipt and sufficiency of which is hereby acicnowledged, has GRANTED, BARGAINED,
SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY
unto the City of Denton, Texas ("Grantee") a perpetual drainage easement in, along, upon, under,
over and across the following described property (the "Property"), owned by Grantor, and
situated in Denton County, Texas, located in the O.S. Brewster Survey, Abstract Number 56, to
wit:
PROPERTY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining drainage, including without limitation, the right to overflow the Property, and
related structures, facilities and appurtenances, in, along, upon, under, over and across said
Property. The rights granted herein shall further include, without limitation, the free and
interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under,
over and across the Property to Grantee herein, its agents, employees, contractors, worlunen and
representatives, for the purposes set foi�th herein, including without limitation, the malcing
additions to, improvements on and repairs to said drainage facilities and/or drainage features or
grade or any part thereof.
This Easement is subject to the following covenants and agreements:
1, Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any lcind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acicnowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope, No activity, of any lcind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope established for
drainage, including without limitation, excavation or movement of soil or other material,
3. Access, For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Propei�ty or
that may encroach upon the Property, Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Propei�ty without liability to Grantee, including without limitation, the obligation to
malce further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to make use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
�
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness my hand, this the _ day of , 2012.
Grantor:
Jean M.G. Tunnell, formerly lcnown as
Jean M. Goodson
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on
Jean M.G. Tunnell, formerly known as Jean M. Goodson.
Notary Public, in and for the State of Texas
My Commission Expires:
2012, by
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012- ).
C
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
3
PAGE 1 OF 2
pOBERT W. JDNES, JA I �w°��
YOL. 773, PG, 55
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AGNES H. ROGERS
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2824 HIGHLANO PARK RD
MII.TON �. CLEARMAN 6
SPOUSE, ANITA A. CLEARMAN
VDL. 4437, pG. 2213
D,R.D.C,T.
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tlASIS Op BEARING IS NORTH AM�RTCAN DA7UM
OF 1983 {NAD-B9) 57A7E PLANE CDOR�INATE
5Y57�M, TEXAS NORTH CENTRAL,
PARCEL �3—DE�i
BEIN.G A
1 ].,fi26 SQ.FT./0.27 ACRE
DRAINAGE EASEMENT
SITUATED IN THE , �, S. BREWSTER SUR'VEi''
ABSTRA,CT N0. 56
DEIV�TOI� COUNTY, '�'EXAS
^ GrQham Associates,lnc.
((L� CONSULTINO ENGINEERS dc PLANNERS
`�r eop 6yX FLqci9 bflIVE, suITE boo
7�BPE FlRMi F itDl% Epls `F1RMi 1o1n3a—�0o
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SCALE: 1 "= 60'
OATE: AUGUST 2011
J/Oenton/P23-bE-i
Page 2 of 2
PARCEL 23-DE-1
LEGAL DESCRIPTION
DRAINAGE EAS�MENT
EXHIBIT "A" - Page 2 of 2
BEING a 0.27 acre tract of land sztuated ir� the O.S, Brewster Survay, Abstract No. S6, Denton
County, Te�cas, being a portion o�Lot �, Solar Wa� Addition as recorded in Cabinet B, Page 196,
Plat Records, Denton County, Texas, and being conveyed by deed to Jean M,G. Tunnell & Agnes
H. Rogers, as recorded in Volume 994, �'age 652, Deed Records, Denton County, Texas and
being moxe particularly described by metes and bounds as foltows:
COMMENCING at a foun;d 1/2 inch iron rod, said poxnt being the southeast corner of Lot 2, and
t�e northeast corner of Lot 3A, Solar Way Addition, as recorded Cabinet H, Page 44, Plat
Records, Dezzton County, Texas, and baing in the existing west right-of-way, line of Bonnie Brae
Street (having a variabla width R.O,W,); �
THEN'CE North 00°17'S4" East, along said existing west right-of-way line, a distance of 70,20
feet to a point for corner, said point being zn the proposed west right-of-way line of Bonni,e Bxae
Street (having e variab�n width R,O.W.;
THENCE N�oi�th 10°43'36" West, leaving said existing west right-of-vvay line and along said
proposed west right-of-way line, a distance of 84.19 %et to a po:u�.t for corner, for the begintung
of a noz�-tangent curve to the right having a'radius of 1047.50 feet and a cantral angle of 4°48'26",
and a long chord whieh beare North 08°19'23" West, 87.86 feet;
T�-IFNCE oontinuing along said proposed west ztight-o� way line and along said non-tan�gent
curve to the right an arc dista�ce of 87,88 feet to a point :for eoz�er, said point being in the south
line of said Lot l, and in the north line oi said Lot 2, Solar Way Addition, being a common line;
THENCE South 70°54'S4" West, leaving said proposed west right�o£ way liz�e and along said
common ]ine, a distance of 16.43 feet to a poizit for the POINT OF BEGINNING;
THENCE South 70°54'S4" West, co;ntinuzng along said common l�ne, a distance of 98.34 :feet to a
point for corner;
TFi�NCE North 00°50'03" West, le�ving said common lme, a distance of 143,39 feet to a point
for corner, said point being in the north line of said Lot l, and also baing in the south line of a
tract of land conveyed to Robert W, Jones, Jr, as recoxded in Volunae 773, �age 55, Deed
Records, Denton County, Texas, being a common line;
THENCE North 88°40'03" East, along said common line, a distance of $8,98 feet to a�oint for
cornar, for the beginning of a non-tangent curve to the laft havzng a xadius of 1063:50 feet and a�
cenfiral angle of 6°0�'S4", and a long chord wluch bears South 03°03'49" East, 113.45 feet;
THENCE leaving said common line and along said non-tangent curve to the le£t an arc distance
of 113.51 feet to the pOINT OF SEGINNIIVG and CONTAIlVING 11,626 square feet, 0,27 acras
of land,�more or less,
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 ����'
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire (1) a
utility and slope easement encumbering a 0.02 acre tract and a 0.03 acre tract, and (2) a
temporary constniction easement encumbering a 0.06 acre tract and a 0.02 acre tract, all tracts
located in the City of Denton, Denton County, Texas, and situated in the O. S. Brewster Survey,
Abstract Number 56, City of Denton, Denton County, Texas, as more particularly described on
Exhibit "A", attached hereto and made a part hereof, located generally in the 1700 blocic of
South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and
improving Bonnie Brae Road, a municipal street and roadway; authorizing the City Manager or
his designee to malce an offer to Bettye L. Martin (the "Owner") to purchase the Property
Interests for the purchase price of Seven Thousand Sixty Nine Dollars and No Cents ($7,069.00�
and other consideration as prescribed in the Easement Purchase Agreement (the "Agreement"),
as attached hereto and made a part hereof as Exhibit "B"; authorizing the expenditure of funds
therefore; and providing an effective date. (Parcel 7& 8- Bonnie Brae Widening and
Improvements proj ect)
BACKGROUND
The City Council considered and approved an initial offer to purchase the captioned land rights
on March 6, 2012 for the purchase price of $7,069.00
That initial offer to purchase land rights was extended to Mrs. Martin on March 13, 2012 via
certified mail. Randy Spear, Crossland Acquisition, Inc., in his role of providing project support
to obtain necessary land rights, reports in his Negotiator Log that Mrs. Martin did verbally
acicnowledge receipt of the City's Offer to Purchase in a follow-up conversation after the initial
offer mailing. Mr. Spear also reports that the U. S. Postal Service "proof of receipt" was returned
to his office, having been signed by Mrs. Martin.
To date there has been dialogue and correspondence established with Mrs. Martin, her family
and their designated legal representative, however, there has been no progression of substantive
negotiations toward a settlement of the matter.
Integra Realty Resources has provided a real estate appraisal report in regard to Mrs. Martin's
property tracts and the land rights necessary for the Project. Their findings constitute the
recommended final offer to purchase.
Approval of the ordinance under consideration authorizes staff to extend a Final Offer to Mrs.
Martin for the captioned land rights necessary for the road widening proj ect.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
March 6, 2012 (initial offer to purchase Ordinance 2012-060)
FISCAL INFORMATION
The overall Bonnie Brae Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP `08) funds and City of Denton local match funds. The purchase
offer price of $7,069.00 plus closing costs as prescribed in the Agreement are to be funded
through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
Prepared by,
� r
� �������
Paul Williamson,
Real Estate Manager
Respectfully subnutted,
������
�
Franlc G. Payne, P.E.
City Engineer
�ocation M ap MARTIN - P07 � Po8
EXHIBIT 1 attachment to AIS Bonnie Brae Widening and Improvements
EXHIBIT 2 attachment to AIS
s:\legal\our documents\ordinances\12\martin fina! offer ordinance.doc
ORDINANCE NO. 2012-
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE (I) A UTILITY AND SLOPE EASEMENT ENCUMBERING A 0.02 ACRE
TRACT AND A 0.03 ACRE TRACT, AND (II) A TEMPORARY CONSTRUCTION,
GRADING AND ACCESS EASEMENT, ENCUMBERING A 0.06 ACRE TRACT AND A
0,02 ACRE TRACT, ALL TRACTS LOCATED IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS, AND SITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT
NUMBER 56, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A
PART HEREOF, LOCATED GENERALLY IN THE 1700 BLOCK OF SOUTH BONNIE
BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF
EXPANDING AND IMPROVING BONNIE BRAE ROAD, A MUNICIPAL STREET AND
ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN
OFFER TO BETTYE L, MARTIN (THE "OWNER") TO PURCHASE THE PROPERTY
1NTERESTS FOR THE PURCHASE PRICE OF SEVEN THOUSAND SIXTY NINE
DOLLARS AND NO CENTS ($7,069,00), AND OTHER CONSIDERATION, AS
PRESCRIBED 1N THE EASEMENT PURCHASE AGREEMENT (THE "AGREEMENT"), AS
ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an initial offer to the Owner to purchase the
Property Interests on March 13, 2012, pursuant to Ordinance No. 2012-060, passed and approved
by the City Council of the City of Denton on March 6, 2012;
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1, The Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Property Interests by the City of
Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition
of the Property Interests is necessary for public use to provide street and roadway expansion and
improvements to serve the public and the citizens of the City of Denton, Texas,
SECTION 2. The City Manager, or his designee, is hereby authorized to make the final
offer to the Owner to purchase the Property Interests from the Owner.
SECTION 3. The City Manager, or his designee, is hereby authorized to execute for and
behalf of the City (i) the Agreement, by and between the City and Owner, in the form attached
hereto and made a part hereof as Exhibit "B", with a purchase price of $7,069.00 and other
consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any other
documents necessary for closing the transaction contemplated by the Agreement.
SECTION 4. The City Manager, or his designee, is directed, by certified mail, return
receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the
City relating specifically to the Owner's property and prepared in the 10 years preceding the date
of the offer made by the Agreement.
SECTION 5. The offer to Owner shall be made in accordance with all applicable law.
SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval,
PASSED AND APPROVED this the day of , 2012.
MARK A, BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
_:
APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
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5Y5TEM, TEXAS NDRTH CENTFAL.
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U'TTL�TY & SLO E EAS�MENT
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UENTOTV' CaUNTX, TEXAS
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DATE: AU6UST 2091
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Page 2 of 2
"�XH�B�T A" to ordinac�ce (Pra�erty Interests)
PARCEL 7�US�-�
L�GAL DESCRIPTION
UTILTTY & SLOP� EASEMENT
BEINC'r a 0.02 �cre tract of land situated in the O,S. �rewster Surve�, Absti�act No. 56,
Denton County, Texas, being a portion o£ Tx'act 12 as conveyed to �ettye L, Ma�ti� as
reco�ded in Instrument Na, �2009-75194, Deed Records, Denton Coun#y, Texas, and being
more pai�Icu�ariy described by metes snd bounds as foIlows:
COZVIMENCIN'G at a found 1/2 inch ii�on xod, sa�d point being the ;�oa�theast coxnar of a
iract corzveyed to Univarsify of North Tex�s, as recorded in Instrument Na. OS-105600,
Deeds Records, Denton County, Texas, az�d being in the existing west right-of way line
of Bonnie B�'ae Sireet (having a variable width R.O.W,);
THENCE South 00°20'3'7" West, along said existing west rigl�t-of way line, a distaace of
$8.98 feet to a point for the POINT OF BEG7NTIING, said point being the southeast
corrier of said Ilniversity of North Te�as #x�ct and the noi�l�east cnkner of said Taact �2;
THENCE South 00°34'O8" East, a�ong said existing west r�ght-o� way line, a distance of
lOQ.42 feet to a pain:t for corner, said point being the noi�theast coxner of Tiacts � 3, �� as
conveyed tv Bettye L, Mai�tin as recorded in Inst�ument No, 2009-75194, Deed Records,
Denton Caunty, Texas, being a common line;
TH�NCE South 88°42'40" West, leaving said existing wes# 17ght-of-way line and along
said common line, a distance of I0.00 �eet to'� point for corner;
THENC� North 00°34'08" West, leaving said common line, a distanc� of 100,74 feet to a
�oint for cornex�, said point being in the north line of said Tract 12, anci tha south line of
said University of North Texas ri�ac�, b�ing a common line;
THENC� South 89°2S'S9" East, along said comrnon line, a distanae oi lO.OQ feet to tlze
POINT OF BEG�NNING anc� CONTAINING 1,006 square faet, 0,02 ac.res of land, more
or less, ' .
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UTILITY & SLi�PE �ASEMENT
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ABSTRAC�' N�. 56
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Page 2 df 2
"�XHISIT A," io o��dii�aitce (Pi•operty Interests)
PARC�L $-US�-1
�,��A�, n�scxtPTrorr
�JT�LITY & �LOS'E EASEMEI�FT
BETNG a 0,03 acre ri�act a� �and ss`tuaied in the O,S. Brewster Suzvey, Abstract No. S6,
Denton County, Texas, being a po��tinn of Tracfs �3, 14 �s conveyed fo Beftye L, Martin
as recorded in Tnstrument No, 2009-75�94, Deed Records, Aenton County, Texas, and
being more particularly described by metes and bounds as follows;
B�GTNNING at a�ound 1/2 inch iron rod, said point being the southeast aorner of saxd
Trac#s 13, 14, and being i�z the existing west xzght-of way li�e o�' Bonnie Brae Sh�eet
(having a var�able width R,O,W,);
THENCE South 88°13'54" West, along said e�cisfing west ri�lit�of way Iine, a distanee of
10.00 feet to a point for corner, said point being the in the south line of said Ti�acts 13,1�,
ar�d heing the noi�theast e4rne�� of Lot 1, B�ock.A, as recoxded in C�binet W, Pa�e 811,
Plat 12ecords, Denton County, TexAS, being a common iine;
THENCE Nortti 00°52'Ob" West, leaving said existing west a�ight-of way line, a distance
o£ 118.40 feet ta a point f4r coz�ner, said point being in the noi�th line of said Tracts �3,
�4, and being in the souil� iine of Tz�act �2, as conveyed to Battye L. Martin as recorded
in Instr�u�.ent No. 2009-'7S19�, Deed Records, Denton Counfy, �'exas, being a common
line; ,
'I'HENC� North 88°42'40" East, aiong said co�nmon line, a distance of 10A0 feet to a
pqint for cornez�, s�id �oint being in the �xisting west r�ght-of-way line of said Bonnie
Brae Str�et; �
THEN'C� South 00°S2'06" East, along said existing west xi�ht�of-way line, a distance af
118.31 feet to the POINT OF BEGINNING and CONTAINING �,�84 s�uare feet, O.Q3
acres of lan�d, tnoxe or le�s.
C��S3�zo�Z
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BEING A �
0 51983� (MA0�63j STATEflPLANEEC00R0INATEM 2��6'S S�.FT./Q.Q� ACRE
SY57�M, T�XAS N�A7N C�NiRA�. TL'+ MPOI�ARY CONS'�'��CJ'CTxQ�t EASEIUfENT
SZTUATED �N THE o.S. BREWSTER SURV�'�,
Graham Associat�s frta. LA$STRACT 1v4. 5fi
. CONSULTITiO ENOINEERS !k PL.�NN�RS DL'+NTON CO v 1Y T i� ��XAS
eoo s�x tuos vw�j �s,t,nre soo
�°n�+ew' r-�i'��ci'� �isl °tm{8'esa°�''s-oo DATE: AUGUST 20� �
J/6anton/P7-TCE�f
Pa�� z o� 3
"EXHIBZT A" to oi�di�iance (Pi�aperty Interests)
PARCEL 7�TC��I
LEGAL DESCRIPTZON
TEMI'�RA.RY CONSTR.UCTiON' EA�EMENT
BETNG a 0.06 acre t�•act of land situated in the O.S. Brews#er Su�`vey, Abstract Na, 56,
Denton County, Texas, being a poxtion of Traot �2 as conveyed to Bettye L. Maz�ti�t as
recorded in Tnst��ment No. 2009-7'S19�, Deed lZecords, Dentan County, Texas, and being
moxe particula��ly described by metes and bounds as follows:
COMMENCiNG at a found 1/2 inch iron rod, said point being the no�•t�.east coxner of a
h�act eo;nveyed to University of North Texas, as recorded in Instrument No. 05-J.05600,
Deeds Reoords, Denton County, Texas, and being in the existing west right�of-way ]in�.e
of Bonnie Brae Stzeet (having a variable width RO.W,);
THENCE South 00°20'37" West, along said existing w�st right-flf-way �ine, a distance of
88,98 feet to a point, said �aint being the southeast eort��r of said University of North
Texas tract and the noi�theast corner of said 'Z'z'aat 12, being a common lin�;
THENCE North 89°25'S9" West, Ieaving said existing west right-of way line and along
said common line, a distaxace o� 10.OD feet to a point for the PO1NT OF BEGINN(NG;
TI�NCE South 00°34'08" East, leaving said common lina, a distance of 98,58 feet to a
ppint for cornex, for the begina�ing of a non-tangent cu��va #o the x�igl�t having a radius of
45,00 feet and a central angle of 41°5T06", and a long chord which bears North
62°58'28" ViFest, 32,22 feet;
Tk�ENCE �lang said non-tsngent curve to tk�e right an arc distance of 32,95 feet to a point
for corner; �
T�-IENCE South 89°32'S7" West, a distance of f 0.07 feei to a point �or corner;
THENCE North 00°27'03" West, a distance of 25.97 �eet to a point for corne��;
TH�NCE North 89°5'i'Z3" East, a distance o� 6,'18 fe�t to a paint for cvrner, fax the
beginning o£ a non�#angen# curve to the rigb.t having� a radius of SS.00 feet an.d a central
angle of 26°53'2S" and a long chord whicla bears North 39°00'23" �ast, 25.58 feet;
'I'.�TEN'CE alang said non-tangent cuxve to the iight an are distance of 25,81 feet to a point
for corner, for t�e beginning of a i�everse ourve to the le$ having a radius nf 25,00 feet, a
cenfral angle of 20°2l.'S3", and a long chord whieh beaxs No��th 42° 1 d'09" Bast, 8.84 feet;
THENCE along said reverse cuive to the left an arc distance o£ 8,89 feet to a point foa�
corner;
"E�HIBi'� A" to ardinance (Pro�erty Interests}
Page 3 of 3
THENCE Nvrth 32°OS'12" East, a distance o� 7.64 feet to a poi�nt for Corner, for the
begi�uisng of a non-tangent curve to the left having a z'adius of 20.40 feet and a central
an��e nf S°58'1b" and a Ion� chord whic� beaxs Noxth 21°14'�0" Easf, 2.Q8 feet;
THENC� a�ong said non-tangent curve to the left An azc ci�sta:nca of 2.08 ;feet to a point
f�r corner; � .
THENCE South 89°44'08" �7dest, a distance of 19.36 feet to a point for corner;
THENCE North 00°22'02" 'Wast, a ciistance of 23,53 feet to a point �or aorner, said point
being in tl�e noi�th line of said �'xact 12, and the soutk� lin.e o�' said �Tnivexsify of North
Texas tract, being a common line;
THENC� South 89°25'S9" �ast, � distance of 23.87 feet #o the POINT OF BEGINNIi�1G
ar�d CONTATNT�IG 2,455 square feet, 0,0& acxes of Iand, more ar less,
PAGE 7 OF 2
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BETTYE L, MARTTN
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D.F1.O.C.T.
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T�MPORARX CCJNSTRUCTI4N EASEMEIVT
SI�UATED IN THE O.S. BREWSTER S"U'RVEY',
ABSTRACT .NO. 5fi
DENTON COUN�T'Y, TE�AS
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Page 2 of 2
"�XHI�iT A" to ordi�taiice (�'ro�erty �nterests)
PARCEL 8-TCE-1
LEGAL DESCRI�'T.ION ,
T�MP0�2.A.�2.X CON�TRUCTTON' �ASE�ENT
BEING � 0.02 acre h�act of land sihaated in the O,S, Brewster Survey, Abst��act No, 56,
Denton County, Texas, being a poxtxo�; af Tracts 13, 14 as canveyed•to Bettye L, Martin
as recarded in Instrument No. 2009-75194, Ueed Records, Deiiton County, Texas, and
being more pax�ticu�arly deseribed by metes and bounds as �ollows:
CONIMENCING at a found 1/2 inch. iron �'od, said �aint befng tkze southeast aoi�er of
said Ti�acts 13, �4, and being in the existing west right�af way lsne of Bonnie Brae Strest
(ha�ving a variable widtb: �t.. Q, W.); '
THENCB South 88°13'5�" West, along said existing west a�ight-of way line, a distanca of
10,40 #'eet to � point %r the PO1NT OF BEGINNING, said point bein�g i� the south line
of said Tracts 13, 1�, and being the northeast cozner of Lot 1, Block A, as recoxded in
Cabi.net W, �a�a 81 I, P�at Recox�ds, Denton County, Texas, beir�g a cammon line;
THEN'CE South 8$°4�'57'" West,l0aving said existing west i'iglit-of way fine and along
said common line, a distance o�32,00 feet to a poini fox cornex;
THENC� N'oi�th 00°52'06" West, leaving said common iine, a distance of 28,00 feet to a
point �'o;r coxnex;
TIIENC� North 88°44'57" East, a dzstance of 32.00 feet to a point for cornez;
THEN'CE South 00°52'06" East, a distano� of 28,00 feet to the POTNT OF SEGINNING
attd CONTAININQ 896 square feet, O,p2 �cx�s of land, more or less,
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EXHIBIT "B"
TO
ORDINANCE
EASEMENT PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE EASEMENT LANDS (AS DEFINED BELOW), HAVE THE
RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY
OF DENTON'S ACQUISITION OF THE EASEMENTS (AS DEFINED BELOW) WITH
OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS
THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT
CODE.
THIS EASEMENT PURCHASE Agreement is dated , 2012, but
effective for all puiposes as provided in this Agreement, between Bettye L. Martin (the
"Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Bettye L, Martin is the Owner of a tract of land (the "Land") in the O.S.
Brewster Survey, Abstract Number 56, Denton County, Texas being affected by the public
improvement Project called the Bonnie Brae Widening and Improvements Project ("Project");
and
WHEREAS, City is in need of certain easements in, along, over, upon, under and across the
tract of land described above related to the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary easements for the Project;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1. At Closing, the Owner shall grant, execute, and deliver to the City (i) an easement in, along,
over, upon, under and across the tract of land being described and depicted in Exhibit "A" (the
"Utility and Slope Easement Lands"), to that certain Utility and Slope Easement attached hereto
as Attachment 1 and made part hereof, for utility and slope purposes, as more pai-ticularly
described therein (the "Utility and Slope Easement"); and (ii) an easement in, along, over, upon,
under and across the tract of land being depicted and described in Exhibit "A" (the "Temporary
Construction, Grading and Access Easement Lands"), to that certain Temporary Construction,
Grading and Access Easement attached hereto as Attachment 2 and made part hereof, for
temporary construction, grading and access purposes, as more particularly described therein (the
"Temporary Construction, Grading and Access Easement"). (The Utility and Slope Easement
Lands and the Temporary Construction, Grading and Access Easement Lands are collectively
referred to herein as the "Easement Lands"). The Utility and Slope Easement shall be in the form
as attached hereto and incorporated herein as "Attachment 1", and the Temporary Construction,
Grading and Access Easement shall be in the form as attached hereto and incorporated herein as
"Attachment 2" (the Utility and Slope Easement and the Temporary Construction, Grading and
Access Easement are collectively referred to herein as the `Basements").
2. As consideration for the granting of the Easements, the City shall pay to Owner at Closing
the sum of Seven Thousand and Sixty Nine and No/100 Dollars ($7,069.00) as compensation for
the Easements. The monetary compensation prescribed in this Section 2 is herein referred to as
the "Total Monetary Compensation".
3. In addition to the Total Monetary Compensation, and being a component part of the Project,
the City shall reconstruct, at its sole cost and expense, those areas of concrete driveway flatworlc
2
within the Easement Lands, as depicted in Attachment 3, attached hereto and made a part hereof
for all purposes, The concrete driveway flatworlc shall be reconstructed in a worlcmanlilce
manner, using materials comparable to that of the existing concrete driveway flatworlc. Any
private service lines or ii7igation lines situated within the Easement Lands and affected by the
Project, shall be either repaired or rearranged, at the sole cost and expense of the City of Denton,
as field conditions warrant. The worlc prescribed in this Section 3 is herein referred to as the
"Driveway Worlc".
4. Owner stipulates that the Total Monetary Compensation payment and the Driveway Worlc
constitutes and includes all compensation due Owner by City related to the Project, including
without limitation, any damage to or diminution in the value of the remainder of Owner's
property caused by, incident to, or related to the Project, damage to and/or costs of repair,
replacement and/or relocation of any improvements, turf, landscape, vegetation, or any other
structure or facility of any lcind located within the Easement Lands related to activities conducted
pursuant to the Easements, interference with Owner's activities on the Easement Lands or other
property interests of Owner caused by or related to activities related to the Easements, whether
accruing now or hereafter, and Owner hereby releases for herself, her heirs, devisees, successors
and assigns, City, it's officers, employees, elected officials, agents and contractors from and
against any and all claims they may have now or in the future, related to the herein described
matters, events and/or damages.
5. The Closing (herein so called) shall occur in and through the office of Universal Title
Agency, LLC, d/b/a Universal Land Title of Texas, 2650 Bardin Road, Suite 101, Grand Prairie,
Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date
3
which is 60 days after the Effective Date, unless the Owner and the City mutually agree, in
writing, to an earlier or later date ("Closing Date"). The Owner shall convey the Easements free
and clear of all debts, liens and encumbrances. The Owner shall assist and support satisfaction
of all closing requirements in relation to solicitation of release or subordination of liens and
encumbrances and other curative efforts affecting the Easements, if necessary in the discretion of
the City.
6. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to
the Owner through the Title Company. All other typical customary and standard closing costs
associated with this transaction shall be paid specifically by the City, except for Owner's
attorney's fees, if any, which shall be paid by Owner.
7. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of
this Agreement.
8.A. In the event Owner shall default in the performance of any covenant or term provided
herein, and such default shall be continuing after ten (10) days written notice of such default and
opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity
or otherwise, including without limitation, the remedy of specific performance or termination of
this Agreement.
B. In the event City shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity
4
to cure, Owner may, as her sole and exclusive remedy, either (i) terminate this Agreement prior
to Closing by written notice of such election to City; or (ii) enforce specific performance of this
Agreement.
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES, THIS AGREEMENT IS PERFORMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
10. From and after the date of execution of this Agreement by Owner to the date of Closing,
Owner shall not (i) convey or lease any interest in the Easement Lands; (ii) enter into any
Agreement that will be binding upon the Utility and Slope Easement Lands or upon the Owner
with respect to the Utility and Slope Easement Lands after the date of Closing; and/or (iii) enter
into any agreement that will be binding on the Temporary Construction, Grading and Access
Easement Lands at any time prior to the termination of the Temporary Construction, Grading and
Access Easement.
11, Any notices prescribed or allowed hereunder to Owner and/or City shall be in writing and,
except as otherwise provided herein, shall be delivered by telephonic facsimile, hand delivery or
by United States Mail, as described herein, and shall be deemed delivered and received upon the
earlier to occur of (a) the date provided if hand delivered or delivered by telephonic facsimile;
5
and (b) on the date of deposit of, in a regularly maintained receptacle for the United States Mail,
registered or certified, return receipt requested, postage prepaid, addressed as follows:
OWNER:
Bettye L. Martin
Phone
Copies to:
For Owner:
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For City:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E, McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
12. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the pat�ties with respect to the subject
matter of this Agreement.
13. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Easements.
14. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the talcing of
any portion of the Property, City may, at its election, terminate this Agreement at any time prior
to Closing.
�
15. Authority to talce any actions that are to be, or may be, talcen by City under this Agreement
are hereby delegated by City, pursuant to action by the City Council of Denton, Texas, to Franlc
Payne, P.E., City Engineer of City, or his designee.
16. If the Closing Date or day of performance of any act required or permitted hereunder falls
on a Saturday, Sunday or legal holiday; then the Closing Date or day of performance, as the case
may be, shall be the next following regular business day.
CITY OF DENTON, TEXAS
By:
GEORGE C. CAMPBELL,
City Manager
Date: , 2012
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Date: , 2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY. �f� � : ��4 s �. :�� � , �
Date: , 2012
7
Owner:
Bettye L, Martin
Date: , 2012
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acicnowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended
from time to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Universal Title Agency, LLC
d/b/a/ Universal Land Title of Texas
Attn: Elizabeth Bobo
2650 Bardin Road, Suite 101
Grand Prairie, Texas 75052
Telephone: (972) 206-7570
Telecopy: (972) 206-2870
:
Printed Name:
Title:
Contract receipt date: , 2012
s:\(egal\our documents\contracts\12�naztin - utility and slope esmt.doc
ATTACHMENT 1
TO
EASEMENT PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
UTILITY AND SLOPE EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Bettye L. Martin ("Grantor"), whose mailing address is 1712 S. Bonnie Brae Street,
Denton, Texas 76207, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration in hand paid by the City of Denton, Texas, receipt and
sufiiciency of which is hereby acicnowledged, has GRANTED, BARGAINED, SOLD and
CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the
City of Denton, Texas ("Grantee") a perpetual utility and slope easement in, along, upon, under,
over and across the following described property (the "Property"), owned by Grantor, and
situated in Denton County, Texas, located in the O.S. Brewster Survey, Abstract Number 56 to
wit;
PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes;
Constructing, reconstructing, instaliing, repairing, relocating, operating, and perpetually
maintaining utilities and lateral slope, and related facilities and appui�tenances, in, along, upon,
under, over and across said Property, including without limitation, the free and interrupted use,
liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across
the Property to Grantee herein, its agents, employees, contractors, workmen and representatives,
for the purposes set forth herein, including without limitation, the making additions to,
improvements on and repairs to said facilities and/or lateral slope features or grade or any part
thereo£
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any lcind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Fui�ther, Grantor stipulates and
acicnowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2, Maintenance of Lateral Slope. No activity, of any lcind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4, Trees and Landscaping. No shrub or tree shall be planted upon the Propei-ty or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach overhang upon
the Property without liability to Grantee, including without limitation, the obligation to malce
further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to malce use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted,
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns,
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described,
2
Witness my hand, this the _ day of
Grantor;
By: Date:
Bettye L. Martin
THE STATE OF TEXAS
COUNTY OF DENTON
ACKNOWLEDGMENT
0
0
This instrument was acknowledged before me on
Bettye L. Martin.
My Commission Expires:
Accepted this day of
Texas (Ordinance No. 2012- ).
C
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
2012.
2012.
Notary Public, in and for the State of Texas
3
2012, by
2012, for the City of Denton,
PAGE 1 OF 2
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TRACT 12 - -
BETTYE L. MARTIN
INST. N0. 2009-75194 /i
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"EXHIBIT A" - Page 1 of 4
to Utility Slope Easement
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8A5I5 DF BEARING I5 �dOATH AMERICAN DATUM
OF 1983 (NAD-B3) STATE PLANE COORDINATE
SYSTEM, TEXAS NDRTH CENTRAL,
P7�USE--i
BEING A
1,006 SQ.�'T./0.02 ACRE
� UTILITY & SLOPE EASEMENT
SITUA.TED IN T�E O.S. BREWSTER SURVEY,
ABSTRACT N0. 56 r"�
DENTaN' COUNTY, TEXAS
� Grqham Associates Inc.
CONSULTINO �NOINEERS d� PI.�NNERS
�00 SIX FLA07 DRI1�E, ITE 600
MUNo7oN, 1DtAS 7eo11 (et� e4D-eaJa
78P£ FlRMt F-11P1/7BPL8 fNi t 1010.78-DD
GRAPHIC BCALE �'a100'
0 50 f00 150
DATE: AUGUST 2011
J/pentan/P7-USE-i
Page 2 of 2
PARCEL 7-USE-1
LEGAL DESCRIl'TION
UTILYTY & S�.OPE EASEMENT
"EXHIBIT A'° - Page 2 of 4
BE1NCr a 0.02 acre tract oi Iand situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of Txact 12 as conveyed to �ettye L. Maxtin as
recoxded in Instrument No. �2009�75194, Deed Recoxds, Denton County, Texas, and being
more particularly described b� metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the northeast cornex o� a
txact conveyed to University of No�rth Texas, as recorded in Insti�ument No. OS-105600,
Deeds Records, Denton County,�Texas, and be�ittg in the axisting west xight-of-way line
of Bonnie Brae Street (having a variable width R, O. W.);
THENC� South 00°20'37" West, along said existing west right-of-way lina, a distance of
88,98 feet to a point for the POINT OF BEGINNING, said point being the southeast
comer of said Uni�versity of North Texas txact and the northeast cornex of said Tract 12;
THENCE South 00°34'08" East, along said existing west r,ight-of way line, a distance of
100.42 feet to a poin�t for corner, said point being the northeast corner of Txacts 13, 14 as
conveyed to Beftye L. Martin as recorded in Instrument No, 2009-'75194, Deed Records,
Denton County, Texas, being a common line; �
THENCE South 88°42'40" West, leaving said existing west right-of-way line and along
said common line, a distance of 10.00 feet to'a point for corner;
THENCE North 00°34'08" West, Ieavin.g said common line, a distance o� 100,74 Peet to a
�oint for corner, sazd point being in the north line of said Tract 12, and the south line of
said University of North Texas tract, being a comm�n line;
THENCE Sauth 89°25'S9" Easti, along said cammon line, a distance of 10,00 feet to the
POINT OF BEGINNING and CONTAINING 1,006 square feet, 0.02 acres af land, more
ox Iess, ' .
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PAGE 1 OF 2
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1714 5, BONNTE BRAE
TRACT 13, �.4
BETTYE L. MARTIN
INST. N0. 2009-75194
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UNXV�AS17Y aF NaR7H 7E%AS
VOL.28q, P0.60
D.A.U�C.T.
I
6A5zS oF 6EARTNG T5 NoRTH AMERICAN DATUM
OF 9983 (NAD-83) S7ATE PLANE CoDRDINATE
5Y5TEM, TEXA5 NDf�TH C�N7AAl..
P8—USE-1
HEING A
1,184 SQ.FT./4.03 ACRE
UTILITY & SLOPE EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY,
.ABSTRACT N0. 56
DENTON COUNTY, TEX'AS
^ Graham Associates (nc.
�CON5UL71NG ENGINEERS Ac PIJ�NNERS
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DATE: AUGUST 2011
J/Denton/PB-USE-i
Page 2 of 2
PARCEL 8-USE-1
T�ECrAT, DESCRIl'TION
UTILITY 8c SLOPE EASEMENT
"EXHIBIT A" - Page 4 of 4
BEING a 0.03 acre ixact of land situated in the O,S. Brewster Survey, Abstxact No, 56,
Denton County, Texas, be�g a po�tion of Tracis 13, 14 as conveyed to Bettye L. Martin
as recorded in Instrument No. 2009-7'519�, Deed Records, Denton County, Texas, and
being xnore particularly described by metes and bounds as follows;
BEGXNNING at a found 1/2 inch iron rod, said �oint being the southeast corner of said
Tracts 13, 14, and being in the existing west rigk�t-o� way line oi Bon�ie Brae Street
(having a variable width R.O.W,);
THENCE South 88°13'54" West, along said axistirig west right-of-way line, a distance of
10.00 feet to a point for corner, said point being the in the south line o� said Txacts 13, 14,
and being the northeast corner of Lot l, Blocic A, as xecorded in Cabinet W, Page 511,
Plat Records, Denton County, Texas, being a common line;
THENCL Noz�tYh �0°52'06" West, leaving said e�cisting west right-oi way line, a distance
of 118.40 feet to a point for corner, said point being in the north line of said Tracts 13,
14, and being in the south line of Tract 12, as conveyad to Bettye L. Marti�a as recorded
in Instrument No, 2009-75194, Deed Records, Denton County, Texas, being a common
]ine; .
THENCE North 88°42'40" East, alang said common line, a distance of 10.00 feet to a
point for corner, said point bemg in the existing west right-of-�way line of said Bonnie
Brae Stireet; •
TI�NCE South 00°52'06" East, along said existing west right-of way line, a distance of
118.31 feet to the POINT OF BEGINNiNG and CONTAINING 1,184 square feet, 4,03
acres of land, more or less. .
G���3-�r�.
s:\legal\our documents\contracts\12�martin - tce.doc
ATTACHMENT 2
TO
EASEMENT PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE OF TEXAS,
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Bettye L. Martin ("Grantor"), whose mailing address is 1712 S. Bonnie Brae Street,
Denton, Texas 76207, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency
of which is hereby acicnowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and
does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas
("Grantee") a temporary construction, grading and access easement in, along, upon, under, over
and across the following described propei-ty (the "Property"), owned by Grantor, and situated in
Denton County, Texas, located in the O,S. Brewster, Abstract Number 56 to wit:
PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may
remove from the Property above described, such fences, signage, buildings and other obstructions
as may now be found upon said Property, for the purpose of construction activities, grading
activities and access in, along, upon, under, over and across said Property. It is speciiically
stipulated by Grantor that the scope of the access, construction and grading activities shall include
the clearing and removal of vegetation and trees that exist within the Property.
The City of Denton, its agents, employees, contractors, worlunen, and representatives shall have
the right of ingress, egress and regress in, along, upon, under, over and across said Property for the
purpose of access, construction and grading activities or any part thereof.
The term of this Temporary Construction, Grading and Access Agreement shall commence on the
date of the "Contractor Notice to Proceed" related to the portion of the Bonnie Brae Widening and
Improvements Project affecting the Property and terminate on the earlier to occur of (i) two (2)
years from such date of the herein referenced "Contractor Notice to Proceed"; or (ii) December 31,
2015, unless the parties mutually agree in writing to an extension of such term,
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described,
Witness my hand, this the day of , 2012.
Grantor;
i
Bettye L. Martin
THE STATE OF TEXAS §
COUNTY OF DENTON §
Date: , 2012,
ACKNOWLEDGMENT
This instrument was acicnowledged before me on
Bettye L, Martin.
2012, by
Notary Public, in and for the State of Texas
My Commission Expires;
2
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012-�.
IC
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
I
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BETTYE L. MARTIN
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3YS7�M, r�xAS NoRTH cEr,rRa�. TEMPORARY C�NSTRC..TCTYON EASEMENT
SITUATED IN THE 0. S. BREWSTER SURVE�X`,
Graham Associates,inc. ABSTRACT N0. 56
� CONSULTINO ENOINEERS � PUNNERS DENTON COUNTY', TEXA.S
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Page 2 0:� 3
"EXHIBIT A" - Page 2 of 5
PARCEL 7-TCE-1
LEGAT.. DESCRIl'TION
TEMPORARY CONSTRUCTION EASEMENT
BEING a 0.06 acre tract of land situated in the O.S. Bxewster Survey, Abstract Na. 56,
Denton County, Texas, bein.g a portzon of Tract 12 as conveyed to Bettye L. Martin as
recorded in Ynstxuznent No. 2009-75194, Deed Records, Denton County, Texas, and being
more particularly described by metes and bounds as follor�vs:
COMMENC]NG at a found 1!2 inch iron rod, said point being the nortl�east corner of a
tract conveyed to University oi North Texas, as recorded in Instrument No. 05-105600,
Deeds Reco�ds, Denton County, Texas, and being in the existing west right�of-way line
of Bonnie Brae Sixeet (having a variable width R.O.W.);
THENCE South 00°20'37" West, along said existing wast right-of way �ine, a distance of
88.98 feet to a point, said point being the southeast corner of said University of Noz�th
Texas tract and ihe northeast coxnex o;� said Tract 12, being a common line;
THENCE North 89°25'S9" West, leaving said existing west right-of wa� line and along
said common line, a distance of 1Q,00 feet to a point fbr tihe POINT 0� BEGINNING;
THENCE South 00°34'08" East, leavi.xi.g said common line, a distance of 98.58 feet to a
point for corner, for the beginning of a non,tangeni curve to the right having a radius of
45.00 feet and a central angle o:f 41°57'06", and a l.ong chord which bears Noz�th
62°58'28" West, 32.22 feet;
TI�NCE along said non-tangent cuxve to the r'tght an arc distance of 32,95 feet to a point
%r corner; �
THENCE South 89°32'S7" West, a distance of 10.07 feet to a poi.nt for corner;
THENCE North 00°27'03" West, a distance of 25,97 feet to a point �or cornex;
THENCE North 89°57'13" East, a distance of 6.78 feet to a point for corner, for the
beginning of a non-tang�nt curve to tha right having� a radius of 55.00 feet and a central
angle of 26°53'25" and a long chord which bears North 39°00'23" East, 25,58 feet;
T�NCE along said non-tangent cuzve to the right an arc distance of 25,81 feet to a point
for corner, for the beginning of a reverse curv� to the left having a radius of 25.00 feet, a
cen�ral angle of 20°21'53 ", and a long chord which bears North 42° l.6'09" �ast, 8,84 feet;
THENCE along said revexse curve to the left an arc distance oi 8.89 feet to a point for
corner; �
Page 3 0� 3
"EXHIBIT A" � Page 3 0� 5
T�TENCE North 32°OS'12" East, a distance of 7,64 feei to a point for corner, �or the
beginning of a�on-tangent curve to the left having a radius of 20.00 feet and a central
angle of 5°58'16" and a long chord which bears North 21°14'A�4" East, 2.08 feet;
THENCE a�ong •said non-tangent curve to tl�e �eft an az�c distance of 2.08 f�et to a point
for corner; ' ,
THENCE South 89°44'08" West, a distance of 19.36 feet to a�oint for corner;
THENCE North 00°22'02" West, a distance of 23.53 feet to a point for corner, said point
being in the north line of said Tract 12, and the south. line of said University of North
Texas tract, being a common 1ine;
THENCE South 89°25'59" �ast, a distance of 23,87 feet to the POINT OF BEGINNING
and CONTAT�TING 2,�}65 squara feet, 0.06 acres of land, more or less.
PAGE ! DF 2
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BA5I5 OF BEARIN� I5 NDRTH AMERICAN DATUM
OF 9983 (NAD-83) STATE PLANE COORDINATE
5YSTEM, TEXAS NDR7H CENTRAL,
P8—TCE-1
BEING A
896 SQ.�'T. 0.02 ACRE
TEMPORARX' CONST iTCTION �ASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY,
� ABSTRACT .N4. 56
DENTON COUNTY, TEXAS
^ Graham Associates,lnc.
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GRAPHIC SCALE 1'�l00'
0 50 100 150
tiATE: AUGUST 20�1
J/oenton/PB-TCE-i
Page 2 of 2
"EXHIBIT A" - Page S of 5
PA.RCEL 8-TCE-1
LEGAL DESCRII'TI4N
TEMPORARY CONSTRUCTION �ASEMENT
BEING a 0.02 acre t�act of land situated in the O,S. Brewster Survey, Abstract No. 56,
Denton Cou�.ty, xexas, beiz�g a portion of Tracts 13, 14 as conveyed•to Bettye L, Martin
as �ecorded in Inst�ument No, 2009-75194, Deed Records, Denton County, Texas; and
bezng more particularly described by metes and bounds as �'o�lows:
COMMENCING at a found �/2 anch iron xod, saad �oint being the southeast corner of
said Tracts 13, 14, and being in the existing west right-af way line of Bonnie Bxae Street
(having a variablo width R,O.W.); �
THEN'CE South 88°13'S�" West, along said existing west right-of-way line, a distance of
10.00 feet io a point for the POINT OF BEGINNTNG, said point being in. fhe soutl�. lin.e
of said Tracts 13, 14, and being the northeast coix�er o:f Lot 1, Block A, as recorded in
Cabinet 'W, Page 8� 1, Plat Recoxds, Denton County, Texas, being a common line;
THENCE South 88°44'S7" West, leaving said existing west rzght-of-way line and along
sazd common line, a dastance of 32.00 %et to a poini fox corner;
T�iENCE North 00°52'06" West, leaving said common line, a distan.ce of 28,00 feet to a
point for corner;
�HENCE North 88°44'S7" �ast, a distance of 32.00 feet to apoint for corner;
TH�NCE South 00°52'06" Last, a distance of 28.00 feet to the POINT OF BEGINNING
and CONTAINING 896 square feet, 0.02 acres of land, more or less,
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ATTA C H M E N T 3
��nni� �ra� INidening and Improver�ents project
Parcels 7 & 8 - Martin
City of Denton, Texas February 2012
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 ����'
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee
simple to a 7.36 acre tract; (II) a slope easement encumbering 0.33 acres; (III) a drainage
easement encumbering a 1.35 acres; and (IV) a temporary constniction, grading and access
easement encumbering 0.03 acres, all lands located in Denton County, Texas, and situated in the
James Edmonson Survey, Abstract Number 400, as more particularly described on Exhibit "A",
attached hereto and made a part hereof, located generally in the 3100 Blocic of South Bonnie
Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie
Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to
malce an offer to Jacic Arlyn Parlces and wife, Betty Parlces (collectively the "Owner") to
purchase the Property Interests for the purchase price of Two Hundred Fifty Five Thousand One
Hundred Sixteen Dollars and No Cents ($255,116.00), and other consideration, as prescribed in
the Purchase Agreement (the "Agreement"), as attached hereto and made a part hereof as Exhibit
"B"; authorizing the expenditure of funds therefore; and providing an effective. (Parce135 -
Bonnie Brae Widening and Improvements project)
BACKGROUND
The City Council considered and approved an initial offer to purchase the captioned land rights
on May 1, 2012 for the purchase price of $255,116.00
That initial offer to purchase land rights was extended to Mr. and Mrs. Parlces on May 18, 2012
via certified mail. Randy Spear, Crossland Acquisition, Inc., in his role of providing project
support to obtain necessary land rights, reports Mr. Parlces did verbally acicnowledge receipt of
the City's Offer to Purchase in a telephone conversation he had with Mr. Parlces on May 22,
2012. Mr. Spear also reports that the U. S. Postal Service "proof of receipt" was returned to his
office, having been signed by Mr. Parlces.
To date there has been dialogue and correspondence established with Mr. and Mrs. Parlces,
however, there has been no progression of substantive negotiations toward a settlement of the
matter.
Integra Realty Resources has provided a real estate appraisal report in regard to property tracts
owned by Mr. and Mrs. Parlces and the land rights necessary for the Project. Their findings
constinite the recommended final offer to purchase.
Approval of the ordinance under consideration authorizes staff to extend a Final Offer to Mr. and
Mrs. Parkes for the captioned land rights necessary for the road widening proj ect.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
May 1, 2012 (initial offer to purchase Ordinance 2012-094)
July 17, 2012 — Executive Session
FISCAL INFORMATION
The overall Bonnie Brae Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP `08) funds and City of Denton local match funds. The purchase
offer price of $255,116.00 plus closing costs as prescribed in the Agreement are to be funded
through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
Prepared by,
� r
� �������
Paul Williamson,
Real Estate Manager
Respectfully subnutted,
������
�
Franlc G. Payne, P.E.
City Engineer
�o c a t i o n M a p PARKES - P35
EXHIBIT 1 attachment to AIS Bonnie Brae Widening and Improvements
EXHIBIT 2 attachment to AIS
s:\legal\our documents\ordinances\12\parkes offer ordinance.doc
ORDINANCE NO. 2012-
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE (I) FEE SIMPLE TO A 7.36 ACRE TRACT; (II) A SLOPE EASEMENT
ENCUMBERING 0.33 ACRES; (III) A DRAINAGE EASEMENT ENCUMBERING 1.35
ACRES; AND (IV) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS
EASEMENT ENCUMBERING 0.03 ACRES, ALL LANDS LOCATED IN DENTON
COUNTY, TEXAS, AND SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT
NUMBER 400, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED
HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE 3100 BLOCK
OF SOUTH BONNIE BRAE STREET (THE "PROPERTY iNTERESTS"), FOR THE PUBLIC
USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A MUNICIPAL
STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO MAKE AN OFFER TO JACK ARLYN PARKES AND WIFE, BETTY PARKES
(COLLECTIVELY, THE "OWNER") TO PURCHASE THE PROPERTY 1NTERESTS FOR
THE PURCHASE PRICE OF TWO HUNDRED FIFTY FIVE THOUSAND ONE HUNDRED
SIXTEEN DOLLARS AND NO CENTS ($255,116.00), AND OTHER CONSIDERATION, AS
PRESCRIBED 1N THE PURCHASE AGREEMENT (THE "AGREEMENT"), AS
ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an initial offer to the Owner to purchase the
Property Interests on May 18, 2012, pursuant to Ordinance No. 2012-094, passed and approved
by the City Council of the City of Denton on May 1, 2012;
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Property Interests by the City of
Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition
of the Property Interests is necessary for public use to provide street and roadway expansion and
improvements to serve the public and the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to malce the final
offer to the Owner to purchase the Property Interests from the Owner.
SECTION 3. The City Manager, or his designee, is hereby authorized to (a) execute for
and on behalf of the City (i) the Agreement, by and between the City and Owner, in the form
attached hereto and made a part hereof as Exhibit "B", with a purchase price of $255,116.00 and
other consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any
other documents necessary for closing the transaction contemplated by the Agreement; and (b) to
make expenditures in accordance with the terms of the Agreement,
SECTION 4. The City Manager, or his designee, is directed, by certified mail, return
receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the
City relating specifically to the Owner's property and prepared in the 10 years preceding the date
of the offer made by the Agreement.
SECTION 5. The offer to Owner shall be made in accordance with all applicable law.
SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining poi�tions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval,
PASSED AND APPROVED this the day of , 2012.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT "A" to Ordinance (P►•operty Interests)
THE CHAMBERLAIN TRl15T
VOL. 4522, PG, �338
D.R.O.C.T,
POINT OF
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POIN'T OF
COMMENCING
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SAVE & EXCEPT
TRACT 1
JACK ARLYN PAflKES
VOL. A073, PG, 1207
O,R.D.C.T�
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VOL, 4073, PG, 1207
D,FI,D.C,T.
NOTE; SET 1/2" I.R, W/ GAI CAP TO
BE SET AT END OF CONSTRUCTION,
NOTE;
APPROX, 2,91 AC. LIES WITHIN FLOODPLAIN
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EMERGENCY MANA'6EMENT AGENCY DESI6NATED FLOOD PLAIN OR
FL00� PRONE AREA AS DESIGNATED ON THE FLOOD INSURANCE BASIS OF BEARING IS NORTH AMERICAN DATUM
RATE MAP FOR DENTON COUNTY COMMUNI7Y PANEL 48121C0370G, OF 198� (NAD-83) STATE PLANE COORDINATE
EFFECTIVE DATE APRIL 18,2011. SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35—ROW—i
BEING A
320,39� SQ.FTa/7.36 ACRE
RIGHT--OF—WAY DEDICATION �
SITUATED IN THE JAMES EDMONSON SURVEY,
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS GRAPHIC SCALE ,���oo�
� Grpham Associates,lnc, 0 50 �oo �50
. CONSULTING ENGINEERS dc Pl1�NNERS
eoa six Fu,cs �Rive, sui� soo
ARLINGTON, iEXAS 76ot1 (817) 840-8636
iHPE FlRM: F-1181/TBpLS FlRMi 101638-00
DATE: FEBRUARY 2012
J/�enton/P35-ROW-i
PAGE 2 OF 5
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VOL, 4073, PG, 1207
D.R.D.C.T,
NOTE; SET 1/2" I.R. W/ GAI CAP TO
BE SET AT END OF CONSTRUCTION,
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NOTE;
APPROX. 2,91 AC. LIES WITHIN FLOD�PLAIN
EXHIBIT "A" to Ordinance (Property Interests)
PROPOSED
SE7 9/2" I,R
W/GAI CAP
�= 12'56' 18"
R�852,50'
T=96,67'
L=192.51'
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SET i/2" I.R.
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PARCEL 35-�ROW-1
BEING A
320,390 SQ.FT./'7.36 ACRE
RIGHT—OF—WAY DEDICATION
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY', TEXAS
� Graham Associates,lnc.
■ CONSULTING ENGINEERS Ac PLANNERS
eoo s�x Ft,�cs oRivE, suir� eoo
ARIJNOTON, TfXAS 7d011 (617) 640-9636
TBPE FlRAI: F—it91/1HPL5 FlRMi 101638-00
SURVEY, Ii
GRAPHIC SCALE 1'=f00'
0 50 100 150
DATE; FE6AUARY 2012
J/Oenton/P35-ROW-i
PAGE 3 OP 5
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D.R.D.C.T,
S. �1GK�Py c/
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EXHIBIT "A" to Ordinance (Property Interests)
SEE SHEET 2
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MARVTN HENOERSON ESTATE TRUST
DOC, N0. 96-R0055800
D,R,�,C.T.
5ET 1/2" I.R. W/ GAI CAP TO
BE SET AT ENO OF CONSTRUGTION,
i. A PORTION OF THIS DEDICATION LIES WTTHIN A FEDERAL
EMERGENCY MANAGEMENT A6ENCY DESIGNATEO FLOOD PLAIN OR BASIS OF 6EARING IS NORTH AMERICAN DATUM
FLOOD PRONE AREA AS DESIGNATED bN THE FL000 INSURANCE OF 1983 (NAD-83) STATE PLANE CODRDINATE
RATE MAP FOR DENTON COUNTY COMMUNITY PANEL 48121C0370G, SYSTEM, 7EXAS NORTH CENTRAL,
EFFECTIVE DATE APRTL 18,201i,
PARCEL 35--ROW--1
BEING A
320,390 SQ.FT./7.36 ACRE
RIGHT—OF—WAY DEDICATION
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
Graham Associates,lnc, DENTON COUNTY, TEXAS
. CONSULTING ENGINE�RS dc PLANNERS
E00 SIX FLAOS pRIVE, SUITE B00
ARLINGTON, 1EXAS 780H (B17) 640-0536
THPE FlRM; F-11B1/TBPLS FlRMt 101dJ8-00
SURVEY, n
GRAPHIC 5CALE 1'=100'
0 50 100 150
DATE; FEBRUARY 2012
J/Denton/P35-ROW-1
Page 4 of 5
EXHIBIT "A" to Ordinance (Property Interests)
PARCEL 35-ROW-1
LEGAL DESCRIPTION
RIGHT-OF —WAY DEDICATION
Being a 7.36 acre tract of land situated in the James Edmonson Suivey, Abstract No.400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said p�int being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right=of-way Iine of Bonnie
Brae Street (having a variable width R,O.W,), and the existing south right-of-way line of
Roselawn Drzve (having a variable width R,O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along e�sting
said south right-of-way line, a distance of 204.70 feet to a set 1/2 inch iron rod with GAI cap for
the PO1NT OF BEGINNING, said point being the northeast corner of a tract of land conveyed to
Jack Arlyn Parkes, save and e�:cept Tract 1, as recorded in Volume 4073, Page 1207, Deed
Records, Denton County, Texas, '
THENCE South 89°29'48" East, continuing along existing said south right-o£ way line, a distance
of 462,10 feet to a£ound wooden post for corner, said point being the northwest corner of a tract
conveyed to Longhorn Council Boy Scout Foun�ation, Inc, as recorded in Volume 450, Page 526,
Deeds Records, Denton County, Texas, being a common line;
THENCE South 00°54'17" East, leaving existing said south right-of way lme and along said
common line, a distance of 1661,12 feet to a set 1/2 inch iron rod with GAI cap for corner, said
point being the souiheast corner of said Jack Arlyn Parkes tract and being in the north line of a
tract conveyed to Marvin Henderson Estate Trust, as recorded in Instrument. No. 96-
R0055800, Deeds Records, Denton County, Texas;
THENCE South 80°10'16" Wast, along said north line, a distance of 352.17 feet to a set 1/2 inch
iron rod with GAI cap for corner, said point being in the proposed west right-of-way line of said
Bonnie Brae Street;
THENCE North 12°56'18" East, leaving said north line, and along said proposed west right-of-
way line, a distance of 761.45 feet to a set 1/2 inch iron rod with GAI cap for corner, for the
beginning of a tangent curve to the left having a radius of 852,50 feet, a central angle of
12°56'18", and a long chord which bears North 06°28'09" East, 192.10 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve to
the left, an arc distance of 192.51 feet to a set 1/2 inch iron rod with GAI cap for corner;
THENCE North 00°00'00" West, continuing along said proposed west right-of-way line, a
distance of 755.40 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being the
most southerly point of a corner-clip;
EXHIBIT "A" to Ordinauce (Property Iuterests)
Page 5 of 5
THENCE North 45°00'00" West, leaving said proposed west right-of-way line, and along said
corner-clip, a distance of 28,28 feet to a set 1/2 inch iron rod with GAI cap for corner, said point
being in the proposed south right-o£-way line of Roselawn Dr7ve (having a variable width
R,O.W.);
THENCE North 90°00'00" West, along said proposed south right-of-way line, a distance of
315.51 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the east line of
the save and except Tract 1 of Jack Arlyn Parkes tract;
THENCE North 07°04'48" East, continuing along proposed souih right-of-way line and along
said east line, a distance of 16.83 feet to the POINT OF BEGINNING and CONTAINING
320,390 square feet, 7,36 acres of land, more or less.
�✓�-� � - -- -
PAGE 1 OF 4
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SAVE 6 �XCEPT
TRACT i
JACK ARLYN PARKES
VOL, 4073, PG, �207
O,R,D.C,T,
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BEING A
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SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
^ Grahdm Associates,inc.
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�: �,� eoo six �t�,os oAivE, suir� eoo
ARLJNGTON, TEXAS 78011 (B17) 040-8536
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DATE: OECEMBER 2011
J/Denton/P35-SE-!
PAGE 2 OF 4
SAVE & EXCEPT
TRACT 3
JACK AR�YN PARKES
VOL, 4073, PG, 1207
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JACK ApLYN PARKES N79'04'57"W
VOL. 4073, PG. 1207 25.00'
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BASIS OF BEApTNG IS NORTH AMERICAN DATUM
OF 1983 (NAO-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35-5E-1
BEING A
10,839 SQ.FT./0.25 ACRE
SLOPE EASEMENT
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc,
■ CONSULTING ENGINEERS dc PLANNERS
E00 SIX FLAOS DRIVE, SUITE B00
ARLINGTON, TEXAS 78011 (817) 840-8635
TBPE FlRMi F-1181/iHPL3 FlRMi 1ot638-00
SURVEY,
GRAPNIC SCALE !'-f00'
0 50 100 150
DATE: DECEMBER 2011
J/Dentan/P35-SE-i
Page 3 of 4
EXHIBIT "A" to Ordidiance (Property Interests)
PARCEL 35-5E-1
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 0,25 acre tract of land situated in the James Edmonson Suivey, Abstract No.400, Denton
County, Texas and being a portion o:F that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found 1/2 inch ixon rod, said point being the southeast corner of a tract of
land conveyed to Jacic Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in ihe existing west right-of-way line of Bonnie
Brae Street (having a variable width R.O,W.), and the existing south right-of way line of
Roselawn Drive (having a variable width R.O,W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way Iine and along existing
said south right-of-way line, a distance of 204.70 feet to � point for corner, said point being in
the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also
being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except
Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton,County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east
line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner;
THENCE North 90°00'00" East, leaving said east line, and continuing along said proposed south
i7ght-of-way line, a distance of 315.51 feet to a point for corner, said point being the most
northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street
(having a 95' R.O.W.);
THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 339.39
feet to a point for corner, being the PO1NT OF BEGINNING;
THENCE South 00°00'00" East, continuing along said proposed west right-of-way line, a
distance of 416,02 feet to a point for corner, for the beginning of a tangent curve to the right
having a radius of 852,50 feet, a central angle of 10°55'03 ", and a long chord which bears South
OS°27'32" West, 162.20 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent cui-ve to
the right, an arc distance of 162.44 feet to a point for corner;
THENCE North 79°04'S7" West, leaving said proposed west right-of.-way Iine, a distance of
25.00 feet to a point for coi�ner, for the beginning of a non-tangent curve to the lef}, having a
EXHIBIT "A" to Ordivance (Property Interests)
Page 4 of 4
radius of 827,50 feet and a central angle of 10°55'03", and a long chord which bears North
OS°27'32" East, 157,44 feet;
THENCE along said non-tangent curve to the left an arc distance of 157.68 feet to a point for
corner;
THENCE North 00°00'00" East, a distance of 178.51 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 15.00 feet to a point for cor�ner;
THENCE North 00°00'00" West, a distance of 237,51 feet to a point for cornez•;
THENCE North 90°00'00" East, a distance of 10,00 feet to the POINT OF BEGINNING and
CONTAINING 10,839 square %et, 0,25 acres of land, more or less.
D S'� � - .�. � .,
PAGE 1 OF 2
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THE CHAMBERLAIN TRUST
VOL� 4522, pG. �336
D,R.D.C.T.
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VOL, 4073, pG, 1207
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SYSTEM, TEXAS NORTH CENTRAL,
PARCEL 35-5E--2
BEING A
500 SQ.FT./O.Oi ACRE
SLOPE EASEMENT
IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXA.S
� Grdham Assaciates,lnc.
. CONSULTING ENGINEERS �C PLANN�RS
EDO SIX FUGS DRIVE, SUITE 600
ARLINOTON, TEXAS 78011 (817) 640-B6J6
THPE FlRAIt F-1191/fHPLS FIRMf 101638-00
SURVEY, �
GPAPHIC SCALE i°=f00'
0 5o ioo ieo
DATE: DECEMBER 2011
J/Denton/P35-SE-2
Page 2 of 2
EXHIBIT "A" to Ordinance (Property Iiiterests)
PARCEL 35-5E-2
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 0.01 acre tract of land situated in the James Edznonson Survey, Abstract No.400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
Iand conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R.O,W.), and the existing south right-of-way line of
RoselawnDrive (having a variable widthR,O,W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the
proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract l, as
recorded in Voluine 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, a[ong said proposed south right-of-way line, and along east line
of the said save and except Tract l, a distance of 16, 83 feet to a point for corner;
TH�NCE South 90°00'00" East, leaving said east line and continuing along proposed south right-
of-way line, a distance of 218.01 feet to a point for corner, being the POINT OF BEGINNING;
THENCE South 90°00'00" East, continuing along proposed south right-of-way line, a distance of
97,50 feet to a point for corner, said point being the most northerly point of a corner-clip with the
proposed west right-of way line of Bonnie Brae Street (having a 95' R.O.W,);
THENCE South 45°00'00" East, along said corner-clip, a distance of 7,07 feet to a point for
corner;
THENCE North 90°00'00" West, leaving said proposed west right-of-way line, a distance of
102.50 feet to a point for corner;
THENCE North 00°00'00" East, a distance of 5.00 feet to a the POINT OF BEGINNII�tG and
CONTAINING 500 square feet, 0.01 acres of land, more or less.
PAGE ! OF 4
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BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COOR�INATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35-5E-3
BETNG A
3,194 SQ.FT./0.0'7 ACRE
SLOPE EASEMENT
IN THE JAMES EDMONSON SURVEY,
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc,
■ CONSULTING ENGINEERS dc PLANNERS
E00 SIX FLAOS DRIVE, SUITE 600
ARUNaTON, TEXAS 76011 (817) 840-8536
1HPE flRAlt F-11B1/THPLS FlRM1 901638-00
GRAPHIC SCALE 1'af00'
0 50 100 150
DATE: QECEMBER 2011
J/Denton/P35-SE-3
Page 2 of 2
EXHIBIT "A" to Ordinance (Property Interests)
PARCEL 35�5E-3
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 0,07 acre tract of land situated in the James Edmonson Survey, Abstract No,400, Denton County,
Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in
Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described
as follows:
COMMENCING at a found 1/2 inch u•on rod, said point being the southeast corner of a tract of land
conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records,
Denton County, Texas, and being in the existing west right-of-way Iine of Bonnie Brae Street (having a
variable width R.O.W,), and the existing south right-of-way Iine of Roselawn Drive (having a variable
width R,O.W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south
right-of-way line, a distance of 204.70 feet to a poant for corner, said point being in ihe proposed south
right-of-way line of Roselawn Drive (having a variable width R.O,W,), also being the northeast corner of
a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page
1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the
said save and except Tract l, a distance of 16.83 feet to a point for corner;
TI3ENCE South 90°00'00" East, leaving said east line and continuing along proposed souih right-of-way
line, a distance of 315.51 feet to a point for corner, said point being the most northerly point of a corner-
clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R,O,W.);
THENCE South 45°00'00" East, along said corner-clip, a distance of 14.14 feet to a point for corner,
being the POINT OF BEGTNNII�IG;
THENCE South 45°00'00" East, continuing along said corner-clip, a distance of 14.14 feet to a point for
corner, said point being in the proposed west right-of-way line of said Bonnie Brae Street;
THENCE South 00°00'00" West, continuing along said proposed west right-of way line, a distanee of
314,39 feet to a point for corner;
THENCE North 90°00'00" West, leaving said proposed west right-of-way line. a distanca of 10,00 feet to
a point for corner;
THENCE North 00°00'00" East, a distance of 324.39 feet to the POIN'T OF BEGINNING and
CONTAIN�IG 3,194 square feet, 0,07 acres of land, more or less.
.,� ,. — •�
PAGE 1 OF 2
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TRAC7 1
JACK ARLYN PARKES
VOL� 4073, PG, 1207
D,R.�,C,T,
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EXHIBIT "A" to Ordivance (Property Interests)
THE CHAMBERLAIN TRUST
VOL, 4522, PG, 1336
D.R.D.C.T,
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BASIS OF BEARING IS NORTH AMERICAN OATUM ��
OF 1983 (NAD-B3) STATE PLANE COORDINATE
SY5TEM, TEXAS NOR7H CENTRAL,
PARCEL 35—DE--1
BEING A
500 SQ.FT./0.01 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associqtes,lnc.
■ CONSULTING ENGINEERS dc PL4NNERS
E00 SiX F1A05 pRIVE, SUITE 600
ARLINOTON, TEXAS 7E011 (fl17) 840-8536
THPE FlRM� F-1181/iHpLS FlRM; 101638-00
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0 50 S00 150
DATE: DECEMBER 2011
J/Oenton/P35-DE-1
Page 2 of 2
EXHIBIT "A" to Ordinance (Properiy Iuterests)
PARCEL 35-DE-1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
Being a 0,01 acre tract of land situated in the 7aines Edmonson Survey, Abstract No,400, Denton
County, Texas and being a portion of that 42� acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volutne 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows;
COMMENCING at a found 1/2 inch iron rod, said point being the southeast cornex of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R.O,W,), and the existing south right-of-way line of
Roselawn Drive (having a variable width R,O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a disiance of 204,70 feet to a point for corner, said point being in the
proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being
the northeast corner of a tract o#' land conveyed to Jack Arlyn Parkes, save and except Tract 1, as
xecoxded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of way line, and along east line
of the said save and except Tract 1, a distance of 16,83 feet to a point for corner;
THENCE South 90°00'00" East, leaving said east line and continuing along proposed south right-
of-way line, a distance of 315,51 feet to a point for corner, said point being the most northerly
point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a
95' R.O.W,);
THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°00'00" West, along said proposed west right-ot=way lin.e, a distance of 314.39
feet to a point for corner, being the POINT OF BEGINNING;
THENCE South 00°00'00" West, continuing along said proposed west right-of-way line, a
distance of 25,00 feet to a point for corner;
THENCE North 90°00'00" West, leaving said proposed west right-of-way line, a distance of
20.00 feet to a point for corner;
THENCE North 00°00'00" East, a distance of 25.00 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 20.00 feet to the POINT OF BEGINNING and
CONTAINING 500 square feet, 0,01 acres of land, mare or Iess.
PAGE 1 OF 5
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SAVE 6 EXCEPT
TRACT i
JACK ARLYN PAPKES
VOL. 4073, PG, 1207
�,R.D.C,T,
_ -,i•;
EXI�IBIT "A" to Ordinance (Properiy Interests)
THE CHAMBERLAIN TRUST
VOL. 4522, PG, 1336
D.R.O,C.T.
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NOTES:
1. THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY
MANAGEMENT AGENCY DESIGNATED FLOOti PLAIN OR
F1.00D PRONE AREA AS DESIGNATED ON THE F'LOOD
PAR CE L 3 5'-� E�� PANELp48121C0 70AG,E�FECTIYENDATENAPRI�LM16N2011,
BEING A
46,054 SQ.FT./1.06 ACRE
DRAINAGE EASEMENT
IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
� CONSULTING ENGINEERS dc PI.ANNERS
800 SIX FL.AOS DRIVE, SUITE 600
ARLINOTON, TEXAS 70011 (817) C40-8535
'fHPE flRMt F-1161/THPLS FlRM� 101658-0�
SURVEY,
GfldPHIC SCAIE !°=l00'
0 50 100 150
DATE; FEBRUARY 2012
J/Oenton/P35-DE-2
PAGE 2 OF 5
EXHIBIT "A" to Ordinance (Property Interests)
SEE SHEET
,�! �
�, �
; �' �
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� �� I
�.. ,
: i4f`
JACK AFLYN PANKES
VOL. 4073, PG. 1207
D,R,D.C,T,
\ � iQ0 YR ��\
� / �LOODPLAIN �
�
\����/ �\
Nor�s: SE�
BASIS OF BEARING I5 NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NOATH CENTRAL,
__I
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R=852.50'
T=96.67'
L=l92.51'
Cb°SO6'28'0 "W
Lc=192,l0'
i, THIS EASEMENT LIES WITHIN A FEOERAL E�dERGENCY
MANAGEMENT AGENCY �ESIGNAiED FLOOD PLAIN OR
FL00� pRONE AREA AS OE5IGNATED ON THE FL000
INSURANCE RATE MAP FOq DENTON COUNTY COMMUNI7Y
PANEI. 48921C0370 G,EFFECTIVE OA7E APRIL 18,2011.
PARCEL 35—DE-2
BEING A
46,054 SQ.FT./1.06 ACRE
DRAINAGE EASEMENT
SITUATED IN THE J�AMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
^ Graham Associates,lnc.
�� CONSULTING ENGINEERS dc PLANNERS
aao stx Fv,os oRw�, sui� soo
ARUNOTON, TEXAS 7a011 (817) 640-8636
THPE flRMt F-1191/THpL3 FlRA(; 101538-00
SURVEY,
GPAPHIC SCAIE 1'=f00'
0 50 100 150
DATE: FEBRUARY 2012
JlDenton/P35—DE-2
PAGE 3 OF 5
\1�
N21 '38' 50"W
102.48'
`t
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N01'17'40"W
155.49'
TOMMY A. HOLAMON
VOL. 5164, PG. 641
D.F.O.C.T.
EXHIBIT "A" to Ordinance (Property Interests)
SEE SH�ET 2
N71'10'q7"E
70,67'
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BASIS OF BEARING TS NORTH AMERICAN DATUM
OF 1983 (NA�-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL,
JACK ARLYN PARKES
VOL, 4073, PG, 1207
D.R.D,C.T.
ir;ti:��:�. �SGKOP� C�
_ P�� 6. ,
-;�'�-_ - pp�
/
MARVIN HENDER50N ES7ATE TRUST
DOC. N0, 96-R0055800
D.R.D,C,T.
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NOTES:
1. THIS EASEMENT LIES WITHIN A FEOERAL EMEqGENCY
MANAGEMENT A�ENCY DESIGNATED FLOOD PLAIN OR
FLOOD PRONE AREA AS DESIGNATED tlN THE FLOOD
INSUAANCE RATE MAP FOR dENTON COUNTY COMMUNITY
PANEL 48121C0370 G,E�FECTIVE DATE APRIL 18,2011.
PARCEL 35--DE-2
BEING A
46,054 SQ.FT./1.06 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONS4N
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
■^ Graham Associates,lnc.
�CONSULTING ENGINEERS dc PLANNERS
000 SIX FUGS DRIVE, SUI1E 600
ARLINGTON, 7EKAS 76Q11 (817� 040-B536
T9PE FlRA�; F-1181/iHPLS FlRM� 101638-00
SURVEY,
GRAPHIC SCALE i'-f00'
0 50 100 150
DATE; FEBFIUARY 2012
J/Denton/P35-DE-2
Page4of5
EXHIBIT "A" to Ordinance (Property Interests)
PARCEL 35-DE-2
LEGAL DESCRIPTION
DRAINAGE EASEMENT
Being a 1.06 acre tract o£ land situated in the James Edmonson Survey, Abstract No.400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton Couniy, Texas, and being more .
particularly described as follows;
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes aud wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R,O,W.), and the exisiing south right-of way line of
Rnselawn Drive (having a variable width R,O.W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204,70 feet to a point for corner, said point being in the
proposed south i7ght-of-way line of Roselawn Drive (having a variable width R.O,W.), also being
the northeast corner of a tract of land conveyed to 7ack .Arlyn Parkes, save and except Tract 1, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line
of the said save and except Tract 1, a distance of 16,83 feet to a point for corner;
THENCE North 90°00'00" East, leaving said east line and continuing along proposed south right-
of-way line, a distance of 315.51 feet to a point for corner, said point being the most northerly
point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a
95' R.O.W.); .
THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 755.40
feet to a point for corner, for the being the begiiming of a tangent curve to the right having a
radius of 852.50 feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09"
West, 192.10 feet;
THENCE contmuing along said proposed west right-of-way line, and along said tangent curve to
the right, au arc distance of 192,51 feet to a pomt for corner;
TI3ENCE South 12°56'18" West, continuing along said proposed west right-of-way line, a
distance of 486.92 feet to a point for corner;
THENCE North 77°03'42" West, leaving said proposed west right-of-way 1ine, a distance of
184,47 feet to a point for the POINT OF BEGINNING;
THENCE South 33°OS'49" West, a distance of 54,95 feet to a point for corner;
EXHIBIT "A" to Ordinance (Property Interests)
Page 5 of 5
THENCE South 74°08'18" West, a distance of 249.51 feet to a point for corner, said point being
in the west line of said Jack Arlyn Parkes iract and being in the east line of a tract o£ land
conveyed to Tommy R. Holamon, as recorded in Volume 5164, Page 641, Deed Records, Denton
County, Texas, being a common line;
THENCE North O1°17'40" West, along said common line, a distance of 155,49 feet to a point for
corner;
THENCE North 21°36'50" West, continuing along said common line, a distance of 102,48 feet to
a point for cornei;
THENCE North 71°10'47" East, leaving said common line, a distance of 70.67 feet to a point for
corner; .
THENCE South 56°54'11" East, a distance of 291,72 feet to the POINT OF BEGINNING and
CONTAINING 46,454 square feet, 1.06 acres of land, more or less.
PA6E 1 OF 5
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POiNT OF
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SAVE & EXCEPT
TRACT i
JACK ARLYN PARKES
VOL. 4073, pG. 1207
D,R,D.C,T.
� i -/.E :.
�
EXHIBIT "A" to Ordin�nce (Property Interests)
THE CHAMBERLAIN TRUST
VOL. 4522, PG. 1336
D,R.D.C.T.
ROSELAi9N DRIVE
,,(VARIABLE WIDTH R.O,W,)
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VOL. A073, PG, 1207 � � �
D,R,D.C.T, �I I
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BASIS OF 6EARING IS NORTH AMERICAN DATUM �
OF 1983 (NAD-83) STATE PLANE GOORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
SE
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NOTES:
1. THIS EASEMENT �IES WITHIN A FEDERAL EMERGENCY
MANAGEMENT AGENCY OESIGNATEO FLOOD PLAIN OR
FL000 PRONE AREA AS OESIGNATEO ON THE FLOOD
PAR C E L 3 5 — D E — 3 PANELA4B12RC0 70AG,EFFECTIVE�DATENAPRILM18N201�a
BEIN'G A
12,344 SQ.FT./0.28 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, � TEXAS
■^ Graham Associates,lnc.
CONSULTING ENGINEERS dc PlANNERS
\L`� � E00 SIK FLAGS �RIVE, SUITE SDO
��� ARUNaTON, TEXAS 76011 (817) 640-863y
THPE FlRAIf F-i1Bt/TBPLS FlRM� 101638-00
SURVEY,
GRAPHIC SCALE i'g100'
0 50 100 150
DATE: FEBRUARY 2012
J/Denton/P35-OE-3
PAGE 2 OF 5
EXHIBIT "A" to Ordinance (Property Interests)
SEE SHEET
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� - VOL. 4073, PG. 1207
�''� D, R. D. C, T.
\ �� 100 YR `\
� / / FLOO�PLAIN �
\����/ �\
NorES; �EE
BASIS OF BEARING I5 NORTH AMERICAN DATUM
OF 19B3 (NAD-83j STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
0
Q
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T=96.67'
L-192.51'
Cb=506'28'09
Lc=192.10' I
i, THIS EASEMEN7 LIES WITHIN A FE�ERAL EMERGENCY
MANAGEMENT AGENCY ❑ESIGNATEO FLOOD PLAIN OR
FLOOD PRONE AREA AS OESIGNATED pN THE FLOOD
INSURANCE RATE MAP FOR DENTON COUNTY COMMUNITY
PANEL 48121C0370 G,EFFECTIYE DATE APRIL 18,2011.
PARCEL 35--DE-3 �
BEING A
12,344 SQ.FT./0.28 ACRE
DRAINAGE EASEMENT
SITUATED I1V� THE JAMES EDMONSON SURVEY,
ABSTRACT N0. 400,
DENTON COUNTY, TEXA.S
^ Graham Associates,inc.
/(,.��+� CONSULTING ENGINEERS dc PLANNERS
\\'71 60D SIX FLACS DRIVE, SUITE 600
"� AR�NGTON, TEXAS 7BOi1 (617) 640-8636
THPE FlRM� F—UBt/THPLS FIRMt 10t638-00
GRAPHIC sCALE 1'=100'
0 50 100 150
DATE; FEBRUARY 2012
J/Oenton/P95-DE-3
PAGE 3 Of= 5
�� �
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TOMMY R. HOLAMON
VOL. 5164, P6. 641
D.R.D,C,T:
�
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EXHII3IT "A" to Ordinance (Property Interests)
SEE SHEET 2
JACK ARLYN PARKES
VOL, 4073, PG, 1207
- D.R.D,C.T.
i
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� 29.84'
� PQINT OF
\, " BEGINNII�TG
1 ��
'� A
`��\. ��•09;2
I� MARVIN HENDERSON ESTATE TRUS7
DOC. N0, 96-R0055800 / /
D.R.D,C.T.
NOTES:
i. THIS EASEMENT LIE5 WITHIN A FEOERAL EMERGENCY
MANAGEMENT AGENCY DESIGNATEO F�OOD PLAIN OR
FL000 PRONE AFIEA AS [I�STGNATEO ON THE FLOOD
INSURANCE RATE MAP FOR DENTON CDUNTY COMMUNITY
PANEL 48121C0370 G,EF'FECTTVE DATE APRIL 18,2011.
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BASIS OF BEARING I5 NORTH AMERICAN DATUM
OF 1983 (NA�-83� S7ATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL,
PARCEL 35—DE-�3
BEING A
12,344 SQ.FT./0.28 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY,
ABSTRACT N�. 400,
DENTON COUNTY, TEXAS
■^ Graham Assaciates,lnc.
CONSULTING ENGINEERS � PLANNERS
\L71 E00 SIX FLAOS DRI�E, SUITE 600
�'V AR�NCTON, TEXAS 76011 (817) a40-8635
THPE FlRlAt F-11G1/THPLS FlRAf 101638-00
GRAPHIC SCALE i'=f00'
0 50 f00 150
DATE; FEBRUARY 2012
J/Denton/P35-pE-3
Page4of5
EXHIBIT "A" to Ordinance (Property Interests)
PARCEL 35-DE-3
LEGAL DESCRIPTION
DRAINAGE EASEMENT
Being a 0,28 acre tract of land situated in the 7ames Edmonson Survey, Abstract No.400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
, particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R,O,W,), and the existing south right-of-way line of
Roselawn Drive (having a variable width R,O.W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and alang existing
said south right-of-way lina, a distance of 204.70 feet to a point for coruer, said point being in the
proposed south right-of way line of Roselawn Drive (having a variable width R.O,W.), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line
of the said save and except Tract 1, a distance of 16.83 feet to a point for corner;
THENCE North 90°00'00" East, leaving said east line and continuing along proposed south right-
of-way line, a distance of 315,51 feet to a point for corner, said point being the most noitherly
point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a
95' R.O,W,);
THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 755,40
feet to a point for corner, for the being the beginning of a tangent curve to the right having a
radius of 852,50 feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09"
West, 192.10 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve io
the right, an arc distance of 192.51 feet to a point for corner;
THENCE South 12°56'18" West, continuing along said proposed west right-of-way line, a
distance of 761,45 feet to a point for corner, said point being in the south line of said Jack Arlyn
Parkes tract and being in the north lme of a tract of land conveyed to Maivin Henderson Estate
Trust, as recorded in Instzument No, 96-R0055800, Deed Records, Denton County, Texas, being
a common line;
TIIENCE South 80°10'I6" West, leaving said proposed west right-of-way line, and along said
coinmon line, a distance of 225,36 feet to a point for corner;
�XHIBIT "A" to Ordinance (Property Intei•ests)
Page5of5
THENCE South 57°03'37" West, continuing along said common line, a distance of 29,84 feet to a
point for the POINT OF BEGINNING;
TH�NCE South 57°03'37" West, continuing along said common line, a distance of 159.24 feet io
a point for coxner, said point being the southwest corner of said Jack Arlyn Parkes tract and being
the southeast corner of a tract of land conveyed to Tommy R, Holamon, as recorded in Volume
5164, Page 641, Deed Records, Denton County, Texas, being a common line;
THENCE North O1°17'40" West, leaving said north line of said Henderson tract, and along said
common line, a distance of 120.00 feet to a point for corner;
THENCE North 76°16'S1" East, leaving said coirunon line, a distance of 130.00 feet to a point
for corner;
THENCE South 08°54'19" East, a distance of 65,00 feet to the POINT OF BEGINNING and
CONTAINING 12,344 square feet, 0,28 acres of land, more or less. �
p 5—i � �-
PAGE 1 OF 2
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THE CHAMBERLAIN TRUST
VOL. 4522, PG, 1336
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16.03'
POINT OF
COMMENCING
FNO 1/P" I.q
savE s excepr
TRACT i
JACK ARLYN PARKES
VOL. 4073, PG, 1207
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BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTAAL,
PARCEL 35--TCE-1
HEING A
876 SQ.FT./0.02 ACRE
TEMPORARY CONSTRUCTION EASEMENT
STTUATED IN THE JAMES EDMONSON SURVEY,
ABSTRACT N0. 400,
DENTON COUNTY', TEXAS
� Graham Associptes,lnc,
. CONSULTING ENGINEERS � PLANNERS
000 SIX FUOS ORIVE, SUITE 600
ARIJNGTON, TEXAS 76011 (817) 940-BB36
THPE FlRM; F-1191/THPLS FlRMt 101638-00
GRAPHIC SCALE S =f00
0 50 100 ]50
DATE: DECEMBER 2011
J/Oenton/P35-TCE-i
Page 2 of 2
�XH��IT "A" to Ordinance (Property Interests)
PARCEL 35-TCE-1
LEGAL DESCRIl'TION
TEMPORARY CONSTRUCTION EASEMENT
Being a 0.02 acre tract of land situated in the James Edmonson Survey, Abstract No,400,
Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jacic
Ar1yn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County,
Texas, and being more particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a
tract of land conveyed to Jack Parkes and wife Betty Parkes, as reco:rded in Volume
5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west
right-of-way line of Bonnie Brae Street (having a variable width R.O,W,), and the
exisiing south right-of-way line of Roselawn Drive (having a variable width R.O. W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along
existing said south right-of-way line, a distance of 204.70 feei to a point for corner, said
point being in the proposed south right-of-way line of Roselawn Drive (having a variable �
width R.O.W,), also being the northeast corner of a tract of land conveyed to Jack Arlyn
Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records,
Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along
east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner;
THENCE South 90°00'00" East, leaving said east line and continuing along proposed
south right-of-way line, a distance of 81.87 feet to a point for corner, being the POINT
OF BEGINNING;
THENCE South 90°00'00" East, continuing along said proposed south right-of-way line,
a distance of 46,83 feet to a point for corner;
THENCE South 33°45'08" East, Ieaving said proposed south right-of-way line, a distance
of 11.60 feet to a point for corner;
THENCE South 56° 14'S2" West, a distance of 34.54 feet to a point for corner;
THENCE North 40°25'30" West, a distance of 37.88 feet to the POINT OF BEGINNING
and CONTAINING 876 square feet, 0.02 acres of land, more or less,
PAGE 1 OF 2
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POINT OF
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BASIS OF BEARIN6 IS NOATH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDTNATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35—TCE-2
BEING A
366 SQ.FT. 0.01 ACRE
TEMPORARY CONST UCTION EASEMENT
SITUATED IN THE JAMES EDM�NSON SURVEY,
ABSTRACT N0. 400,
DENTON COUNTY, TEXA.S �
� Graham Associates,lnc,
■ �ONSULTING ENGINEERS dc PLANNERS
600 SIX FLA05 DRIYE, SUIiE 600
ARLINaTON, TEXAS 78011 (917) 640-8636
TBPE FlRM: F°1161/TBpLS FlRMt 101638-00
RAPHIC SCALE 1 =f00
0 50 100 150
DATE; DECEMBER 2041
J/Denton/P35-TCE-i
Page2of2
EXHIBIT "A" to Ordinance (Property Interests)
PARCEL 35-TCE-2
LEGAL DESCRTPTION
TEMPORARY CONSTRUCTION EASEMENT
Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No.400,
Denton County, �Texas and baing a portion of that 42 acre tract of land conveyed to Jack
Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County,
Texas, and being more particularly described as follows:
COMMENCING at a:found 1/2 inch iron rod, said point being the southeast corner of a
tract of land conveyed to Jack Parlces and wife Betty Parkes, as recorded in Volume
5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west
t7ght-of-way line of Bonnie Brae Street (having a variable width R,O.W.), and the
existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along
existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said
point being in the proposed south right-of-way line of Roselawn Drive (having a variable
width R,O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn
Parkes, save and except Tract l, as recorded in Volume 4073, Page 1207, Deed Records,
Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along
east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner;
THENCE Sonth 90°00'00" East, leaving said east line and continuing along proposed
south right-of way line, a distance of 158.70 feat to a point for corner, being the POINT
OF BEGINNING;
THENCE South 90°00'00" East, continuing along said proposed south right-o:f way line,
a distance of 33,00 feet to a point for corner;
THENCE South 00°13'31" East, leaving said proposed south right-of-way line, a distance
of 11.02 feei to a point for corner;
THENCE South 89°46'29" West, a distance of 33.00 feet to a point for corner;
THENCE North 00°13'31" West, a distance of 1115 feet to the POINT OF BEGINNING
and CONTAINING 366 square feet, 0,01 acres of land, more or less,
EXHIBIT "B"
TO
ORDINANCE
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated
2012, but effective as of the date provided below, between Jacic Arlyn Parkes and wife, Betty
Parlces (collectively referred to herein as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Jacic Arlyn Parlces and wife, Betty Parlces are the Owner of a tract of land (the
"Land") in the James Edmonson Survey, Abstract Number 400, being affected by the public
improvement project called the Bonnie Brae Street Widening and Improvements Project
("Project"); and
WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii)
easements in, along, over, upon, under and across, a por-tion of the Land, each related to the
Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
1
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acicnowledged, the pat�ties agree as
follows:
1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so calied), conveying to the City, subject to the reservations described
below, the tract of land being described in Exhibit "A" to that certain Special Warranty Deed,
and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being
attached hereto as Attachment 1 and made a part hereof; (ii) a Slope Easement (herein so called),
in, along, upon, under, over and across the tracts of land being (a) described in Exhibit "A"; (b)
described in Exhibit "B"; and (c) described in Exhibit "C, respectively, to that certain Slope
Easement (the "Slope Easement Lands"), attached hereto as Attachment 2 and made a pai-t
hereof, for slope pui�poses, as more particularly described therein; (iii) a Drainage Easement
(herein so called), in, along, upon, under, over and across the tracts of land being (a) described in
Exhibit "A"; (b) described in Exhibit "B"; and (c) described in Exhibit "C", respectively, to that
certain Drainage Easement (the "Drainage Easement Lands"), attached herein as Attachment 3
and made a part hereof, for drainage puiposes, as more particularly described therein; and (iv) a
Temporary Construction, Grading and Access Easement (the "Temporary Easement"), in, along,
upon, under, over and across the tracts of land being (a) described in Exhibit "A"; and (b)
described in Exhibit "B", respectively, to that certain Temporary Construction, Grading and
Access Easement (the "Temporary Easement Lands"), attached hereto as Attachment 4 and made
a part hereof, for temporary construction, grading and access purposes, as more particularly
described therein (the Slope Easement Lands, the Drainage Easement Lands and the Temporary
Easement Lands are collectively referred to herein as the "Easement Lands").
The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1"; (ii) the Slope Easement shall be in the form and upon the
terms as attached hereto and incorporated herein as Attachment 2; (iii) the Drainage Easement
shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment
3; and (iv) the Temporary Easement shall be in the form and upon the terms as attached hereto
and incorporated herein as "Attachment 4" (the Slope Easement, the Drainage Easement and the
2
Temporary Easement are collectively referred to herein as the "Easements") (the Fee Lands and
the Easements are collectively referred to herein as the "Property").
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and
under and that may be produced from the Fee Lands, Owner, their heirs, devisees, successors
and assigns, shall not have the right to use or access the surface of the Fee Lands, in any way,
manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or
related to exploration and/or production of the oil, gas and other minerals reserved herein,
including without limitation, use or access of the surface of the Fee Lands for the location of any
well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit
areas, seismic activities, tanics or tanlc batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or
any other infrastructure or improvement of any lcind or type in connection with or related to the
reserved oil, gas and other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and
shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the
surface of the Fee Lands; and (ii) all substances (except oil and gas) which are at or near the
surface of the Fee Lands. The intent of the parties hereto is that the meaning of the term
"minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597
S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Fee Lands and the Easements to the
City, the City shall pay jointly to Owner at Closing the sum of Two Hundred Fifty Five
Thousand One Hundred Sixteen and No/100 Dollars ($255,116.00). The monetary
3
compensation prescribed in this Section 2 is herein referred to as the "Total Monetary
Compensation",
3. In addition to the Total Monetary Compensation, and being a component part of the Project,
the City shall reconstruct, at its sole cost and expense, those areas of driveway approach and
driveway aggregate within the Easement Lands. The driveway approaches shall be reconstructed
in a worlcmanlilce manner, using materials comparable to that of the existing driveway materials
found. Any private service lines or irrigation lines situated within the Easement Lands and
affected by the Project, shall either be repaired or rearranged, at the sole cost and expense of the
City, as field conditions wai�ant. The worlc prescribed in this Section 3 is herein referred to as
the "Driveway Worlc".
4. The Owner shall convey and grant to the City the Fee Lands and the Easements free and
clear of all debts, liens and other encumbrances (the "Encumbrances"). The Owner shall assist
and support satisfaction of all closing requirements of the City in relation to solicitation of
releases or subordinations of the Encumbrances and other curative efforts affecting the Fee
Lands and/or Easement Lands, if necessary in the discretion of the City. In the event that all
Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a
default hereunder, although Owner may otherwise be in default under Section 11, below.
However, if the Encumbrances are not cured as provided herein, City has the option of either (i)
waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this
Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter
event Owner and City shall have no further obligations under this Agreement.
5. Owner stipulates that the Total Monetary Compensation payment and the Driveway Work
constitutes and includes all compensation due Owner by City related to the Project, including
without limitation, any damage to or diminution in the value of the remainder of Owner's
property caused by, incident to, or related to the Project, value of, damage to and/or costs of
repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any
!�
other structure or facility of any lcind within the Easement Lands and/or Fee Lands related to
activities conducted pursuant to the Easements or City ownership of the Fee Lands, interference
with Owner's activities on the Easement Lands or other property interests of Owner, caused by
or related to activities related to the Easements, whether accruing now or hereafter, and Owner
hereby releases for themselves, their heirs, devisees, successors and assigns, the City, it's
ofiicers, employees, elected ofiicials, agents and contractors from and against any and all claims
they may have now or in the future, related to the herein described matters, events and/or
damages.
6. The Closing (herein so called) shall occur in and through the office of Universal Title
Agency, LLC, d/b/a Universal Land Title of Texas, 2650 Bardin Road, Suite 101, Grand Prairie,
Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date
which is 90 days after the Effective Date, unless the Owner and the City mutually agree, in
writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described
above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the
next resulting business day.
7. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to
the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the
calendar year in which Closing shall occur shall be prorated between Owner and City as of the
Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is
not lcnown as of the Closing Date, the proration shall be based on the amount of taxes due and
payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in
cash as "soon as the amount of taxes levied against the Fee Lands for the calendar year in which
Closing shall occur is lcnown. The result of such proration is that the Owner shall pay for those
taxes attributable to the period of time prior to the Closing Date (including, but not limited to,
subsequent assessments for prior years due to change of land usage or ownership occurring prior
to Closing) and City shall pay for those taxes attributable to the period commencing as of the
Closing Date. All other typical, customary and standard closing costs associated with this
transaction shall be paid specifically by the City, except for Owner's attorney's fees, if any,
which shall be paid by Owner.
5
8. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of
this Agreement,
9.A, In the event Owner, or any of them, shall default in the performance of any covenant or
term provided herein, and such default shall be continuing after ten (10) days written notice of
default and opportunity to cure, City may exercise any right or remedy available to it by law,
contract, equity or otherwise, including without limitation, the remedy of specific performance,
B. In the event City shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity
to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to
Closing by written notice of such election to City; or (ii) enforce specific performance of this
Agreement.
10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
11. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; (ii) enter
into any Agreement that will be binding upon the Fee Lands or Easement Lands, less and except
the Temporary Easement Lands, or upon the Owner with respect to the Fee Lands or Easement
Lands, less and except the Temporary Easement Lands, after the date of Closing; or (iii) enter
into any agreement that will be binding on the Temporary Easement Lands, or upon Owner with
respect to the Temporary Easement Lands, prior to the termination of the Temporary Easement.
12, Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall
be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein,
0
and shall be deemed delivered and received upon the earlier to occur of (a) the date provided if
hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a
regularly maintained receptacle for the United States Mail, registered or certified, return receipt
requested, postage prepaid, addressed as follows:
O WNER:
Jacic Arlyn Parkes and wife,
Betty Parlces
3129 South Bonnie Brae Street
Denton, Texas 76207-2209
Phone
Telecopy:
Copies to:
For Owner:
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For City:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy; (940) 382-7923
13. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the pai�ties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
14. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Special Warranty Deed and/or Easements.
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or pat~ty other than the City that might result in the talcing of
any portion of the Property, City may, at its election, terminate this Agreement at any time prior
to Closing.
7
16. Authority to talce any actions that are to be, or may be, talcen by City under this Agreement
and/or Easements, including without limitation, adjusting the Closing Date of this Agreement
and/or the termination date of the Temporary Easement, are hereby delegated by City, pursuant
to action by the City Council of Denton, Texas, to Franlc Payne, City Engineer of City, or his
designee.
CITY OF DENTON, TEXAS
By:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: , 2012
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
..
Date: , 2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
r :,
BY: ` � �_. ���. ,�: �},
fi 1 ^�"
Date; , 2012
0
OWNER:
JACK ARLYN PARKES
BETTY PARKES
Date: , 2012
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acicnowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended
from time to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Universal Title Agency, LLC
d/b/a Universal Land Title of Texas
2650 Bardin Road, Suite 101
Grand Prairie, Texas 75052
Telephone: (972) 206-7570
Telecopy: (972) 206-2870
I:
Printed Name:
Title:
Contract receipt date: , 2012
10
ATTACHMENT 1
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF DENTON
.
KNOW ALL MEN BY THESE PRESENTS:
That JACK ARLYN PARKES and wife, BETTY PARKES (herein collectively
called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY
OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called
"Grantee"), 215 E, McKinney, Denton, Texas 76201, the receipt and sufficiency of which
are hereby acicnowledged and confessed, has GRANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property
in Denton County, Texas being particularly described in Exhibit "A", attached hereto and
made a part hereof for all purposes, and being located in Denton County, Texas, together
with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights
of way and together with all and singular the improvements and fixtures thereon and all
other rights and appui�tenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved' herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanlcs or tanlc
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any lcind or type in connection with or related to the reserved oil, gas and
other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances (except oil and gas) that any reasonable extraction,
mining or other exploration and/or production method, operation, process or procedure
would consume, deplete or destroy the surface of the Property; and (ii) all substances
(except oil and gas) which are at or near the surface of the Property. The intent of the
parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S,W.2d 743 (Tex, 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
This conveyance is subject to the following:
[Insert Permitted Exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
Page 2 of 3
EXECUTED the day of , 2012.
THE STATE OF TEXAS
COUNTY OF DENTON
�
�
JACK ARLYN PARKES
BETTY PARKES
ACKNOWLEDGMENT
This instrument was acknowledged before me on
2012 by Jack Arlyn Parlces.
THE STATE OF TEXAS
COUNTY OF DENTON
0
��
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
This instrument was acicnowledged before me on
2012 by Betty Parlces.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
Notary Public, State of Texas
My commission expires:
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
PAGE 1 OF 5
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JACK ARLYN PARKES
VOL. 4073, PG, 1207
D.R.D,C.T.
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EMERGENCY MANA'GEMENT AGENCY DESSGNATED FLOOD PLAIN OR
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RATE MAP FOR DENTON COUNTY COMMUNI7Y PANEL 48121C0370G, OF 1989 (NAO-83) STATE PLANE COORDINATE
EFFECTIVE DATE APAIL 18,2011. SYSTEM, TEXAS NORTH CEN7RAL,
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SITUATED IN THE J'AMES EDMONSON SURVEY,
ABSTRACT N0. 400,
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CQNSULTING ENGINEERS Gc PLANNERS
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ARUNGTON,'fEXAS 7E011 (817) 640-8636
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PAGE 2 OF 5
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VOL. 4073, PG, 1207 SEW�GAI CAPfl
D,R.D.C,T,
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SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
^ Graham Associates,lnc,
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\\•J � 600 SiX FLA05 DRIVE, SUITE 600
�`a' ARLINOTON, TEXAS 7Q011 (�17) 040-8636
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DATE; FEBRUARY 2012
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MARVTN HENOERSON ESTATE TRUST
DOC, N0. 96—R0055800
D,R,D,C.T.
NO7E: SET 1/2" I,R. W/ GAI CAP TO
BE SET AT END OF CONSTRUCTION.
NOTE:
APPROX, 2,91 AC, LIES WITHIN FLOODPLAIN
BASIS OF 6�AAING IS NORTH AMERICAN DATUM
OF 1983 (NAO-83) STATE PLANE COORDINATE
SYSTEM, 7EXAS NORTH CENTRAL,
PARCEL 35--ROW--1
BEING A
320,390 SQ.FT./7.36 ACRE
RIGHT—OF—WAY DEDICATION
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
Graham Associates,lnc, DENTON COUNTY, TEXAS
. CONSUL7ING ENGINEE'RS dc PLANNERS
600 SIX FLA05 pRIYE, Sl11TE 600
ARLINOTON, 7EXAS 76011 (B17) B40-8536
THPE FlRMO F-1161/TBPLS FlRMi 101b38-00
SURVEY,
GRAPHIC SCAIE !'=100'
0 50 100 150
DATE; FEBRUARY 2012
J/Denton/P35-ROW-1
Page 4 of 5
PARCEL 35-ROW-1
LEGAL DESCRIPTION
RIGHT-OF —WAY DEDICATION
EXHIBIT "A" - Page 4 of 5
Being a 7.36 acre tract of land situated in the 7ames Edmonson Suivey, Abstract No,400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows;
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right=of-way Iine of Bonnie
Brae Street (having a variable width R,O.W,), and the existing souih right-of-way line of
Roselawn Drive (having a variable width R,O,W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204,70 feet to a set 1/2 inch iron rod with GAI eap for
the POTNT OF BEGINNING, said point being the northeast corner of a traot of land conveyed to
Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed
Records, Denton County, Texas, �
THENCE South 89°29'48" East, continuing along existing said south right-of-way line, a distance
of 462,10 feet to a found wooden post for corner, said point being the northwest corner of a tract
conveyed to Longhorn Council Boy Scout Foundation, Inc, as recorded in Volume 450, Page 526,
Deeds Records, Denton County, Texas, being a common line;
THENCE South 00°54'17" East, leaving existing said south right-of-way line and along said
common line, a distance of 1661,12 feet to a sat 1/2 inch iron rod with GAI cap for corner, said
point being the souiheast corner of said Jack Arlyn Parkes tract and being in the north line of a
tract conveyed to Marvin Henderson Estate Tzust, as recorded in Instrument. No. 96-
R0055800, Deeds Records, Denton County, Texas;
THENCE South 80°10'16" West, along said north line, a distance of 352.17 feet to a set 1/2 inch
iron rod with GAI cap for corner, said point being in the proposed west right-of-way line of said
Bonnie Brae Street;
THENCE North 12°56'18" East, leaving said north line, and along said proposed west right-of-
way line, a distance of 761,45 feet to a set 1/2 inch iron rod with GAI cap for corner, for the
beginning of a tangent curve to the left having a radius of 852.50 feet, a central angle of
12°56'18", and a long ehord which bears North 06°28'09" East, 192,10 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve to
the left, an arc distance of 192.51 feet to a set 1/2 inch iron rod with GAI cap for corner;
THENCE North 00°00'00" West, continuing along said proposed west right-of-way line, a
distance of 755.40 feet to a set 1/2 inch iron rod with GAI cap for cornet�, said point being the
inost southerly point of a corner-clip;
EX�IIBI'I' "A" - Page 5 of 5
Page 5 of 5
THENCE North 45°00'00" West, leaving said proposed west right-of-way line, and along said
corner-clip, a distance o£ 28.28 feet to a set 1/2 inch iron rod with GAI cap for corner, said point
being in the proposed south right-of-way line of Roselawn Drive (having a variable width
R.O,W.);
THENCE North 90°00'00" West, along said proposed south right-of-way line, a distance of
315,51 feet to a set 1/2 inch iron rod wzth GAI cap for coz-ner, said point being in the east line of
the save and except Tract lof Jack Ar1yn Parkes tract;
THENCE North 07°04'48" East, continuing along proposed south right-of-way line and along
said east line, a distance of 16.83 feat to the POINT OF BEGINNII�lG and CONTAINING
320,390 square feet, 7.36 acres of land, more or less.
¢� 5 —i � � ._... . �
ATTACHMENT 2
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SLOPE EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Jacic Arlyn Parlces and wife, Betty Parkes (collectively, "Grantor"), whose mailing
address is 3129 South Bonnie Brae Street, Denton, Texas 76207-2209, in consideration of the
sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid
by the City of Denton, Texas, receipt and sufficiency of which is hereby acicnowledged, has
GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT,
BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual slope
easement in, along, upon, under, over and across the following described property (the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the James
Edmonson Survey, Abstract Number 400, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A", EXHIBIT "B" AND EXHIBIT "C",
RESPECTIVELY
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes;
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining lateral slope in, along, upon, under, over and across said Property, including without
limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times
in, along, upon, under, over and across the Propei�ty to Grantee herein, its agents, employees,
contractors, worlcmen and representatives, for the purposes set forth herein, including without
limitation, the making additions to, improvements on and repairs to said lateral slope features or
grade, or any part thereof.
This Easement is subject to the foliowing covenants and agreements:
1, Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any lcind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any lcind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way,
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property, Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
malce further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to malce use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness our hands, this the day of , 2012.
2
Grantor;
Jacic Arlyn Parkes
Betty Parkes
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on
Jacic Arlyn Parlces.
Notary Public, in and for the State of Texas
My Commission Expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on
Betty Parkes.
Notary Public, in and for the State of Texas
My Commission Expires:
�
2012, by
2012, by
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No, 2012- ).
:
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Depai�tment
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
�
PAGE 1 OF 4
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PARCEL 35-5E-1
BEING A
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SLOPE EASEMENT
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 40�,
DENTON COUNTY, TEXA.S
� Graham Associates,lnc.
■ CONSULTING ENGINEERS dc PLANNERS
800 SIX F1.AaS DRIVE, SUI1E 600
ARLINOTON, TEXAS 78011 (B17) 640-8556
7HPE FlRM: F-11a1/TBPLS FlRM; 101638-q0
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DATE: DECEMBER 2011
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PAGE 2 OF 4
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TRACT 3
JACK ARLYN PARKE5
VOL, 4073, PG, 1207
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PARCEL 35-5E--1
BEING A
10,839 SQ.FT./0.25 ACRE
SLOPE EASEMENT
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
� �ONSULTING ENGINEERS dc PLANNERS
E00 61X FLAOS DRI1R, SUITE fi00
ARLINGTON, TEXAS 78011 (817) 840-8655
TBPE FlRMt F-i1B1/THPL3 FlRMi 101638-00
SURVEY,
GRAPHIC SCALE f'-500'
50 f00 150
DATE: DECEMBER 2011
J/Denton/P35-SE-f
Page 3 of 4
PARCEL 35-5E-1
LEGAL DESCRIPTION
SLOPE EASEMENT
EXHII3IT "A" - Page 3 of 4
Being a 0.25 acre tract o:f land situated in the James Edmon.son Survey, Abstract No,400, Denton
County, Taxas and being a portion of that 42 acre tract of land conveyed to Jack Ar1yn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being mora
particularly described as follows;
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to J'ack Parkes and wife Betty Parkas, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in. the existing west right-of-way line of Bonnie
Brae Street (having a variable width R.O,W,), and the existing south right-of-way line of
Roselawn Drive (having a variable width R.O,W.);
THENCE South 89°29'48" East, leaving existing said west right-of=way line and along existing
said south right-of way line, a distance of 204.70 feet to �. point for corner, said point being in
the proposed south right-of-way line of Roselawn Drive (having a variable width R.O,W,), also
being the northeast corner of a tract of Iand conveyed to Jack Ar1yn Parkes, save and e�cept
Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton,County, Texas,
THENCE South 07°0�'48" West, along said proposed south right-of-way line, and along east
line of the said save and except Tract l, a distance of 16.83 feet to a point for corner;
THENCE North 90°00'00" East, leaving said east line, and continuing along said proposed south
right-of-way line, a distance of 315.51 feet to a point for corner, said point being the most
northerly point of a corner-clip with the proposed west right-of-way line of Bonni.e Brae Street
(having a 95' R.O. W.);
THENCE South 45°00'00" East, along said corner-clip, a distance ot' 28.28 feet to a point for
corner;
THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 339.39
feet to a point for corner, being the POINT OF BEGINNING;
THENCE South 00°00'00" East, continuing along said proposed west right-of-way line, a
distance of 416,02 feet to a point for corner, for the beginning of a tangent curve to the right
having a radzus of 852.50 feet, a central angle of 10°55'03 ", and a long chord which bears South
OS°27'32" West, 162.20 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve to
the right, an arc distance of 162.44 feet to a point for corner;
THENCE North 79°04'S7" West, Ieaving said proposed west right-of.-way line, a distance of
25.00 feei to a point for corner, for the beginning of a non-tangent curve to the left, having a
E�HIBIT "A" - Page 4 of 4
Page 4 of 4
radius of 827.50 feet and a central angle of 10°55'03 ", and a long chord which bears North
OS°27'32" East, 157.44 feet;
THENCE along said non-tangeut cuzve to the left an arc distance of 157,68 feet to a point fox
corner;
THENCE North 00°00'00" East, a distance of 178.51 feet to a point for eorner;
THENCE North 90°00'00" East, a distance of 15.00 feet to a point for cot�er;
THENCE North 00°00'00" West, a distance o£237,51 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 10.00 feet to the POINT OF BEGINNING and
CONTAINING 10,839 square feet, 0.25 acres of land, more or less.
PAGE 1 OF 2
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PA
RCEL 35-5E—�2
BEING A
500 SQ.FT./0.01 ACRE
SLOPE EASEMENT
IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
■^ Graham Assvciates,inc,
CONSULTING ENGINEERS dc PLANNERS
\LJ I 600 SIX FUGS DRIVE, SUITE 600
�9'�'r ARLINa70N, TEXAS 78011 (617) 640-85�6
TBPE FlRM7 F-1191/THplS FlRMt 101638-00
SURVEY,
GRAPHIC SCALE i°�f00'
0 50 100 150
DATE: DECEMBER 2011
J/Denton/P35-SE-2
Page 2 of 2
PARCEL 35-5E-2
LEGAL DESCRTPTION
SLOPE EASEMENT
EXHIBIT "�" - Page 2 of 2
Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton
County, Texas and being a portion of ihat 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Voluzne 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found 1/2 inch iroi� rod, said point being the southeast cornar of a tract of
Iand conveyed to Jack Parkes and wife Betty Parkes, as recarded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west righi-of-way line of Bonnie
Brae Street (having a variable width R,O,W.), and the existing south right-of-way line of
Roselawn Drive (having a variable width R.O.W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the
proposed south right-of-way line of Roselawn Drive (having a variable width R,O.W,), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract l, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
TFiENCE South 07°04'48" West, along said proposed south right-of-way Iine, and along east line
of the said save and except Tract l, a distance of 16,83 feet to a poini for corner;
TH�NCE South 90°00'00" East, leaving said east line and continuing along proposed south right-
o%way line, a distance of 218,01 feet to a point for corner, being the POINT OF BEGINNING;
THENCE South 90°00'00" East, continuing along proposed south right-of-way line, a distance of
97,50 feet to a point for eorner, said point being the most northerly pomt of a corner-clip with the
proposed west right-of-way line of Bonnie Brae Street (having a 95' R,O,W,);
THENCE South 45°00'00" East, along said corner-clip, a distance of 7,07 feet to a point for
corner;
THENCE North 90°00'00" West, leaving said proposed west right-of-way line, a distance of
102,50 feet to a point for corner;
THENCE North 00°00'00" �ast, a distance of 5.00 feet to a the POINT OF BEGINNING and
CONTAINING 500 square feet, 0.01 acres of land, more ar less,
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EXHIBIT "C" - Page 1 of 2
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BASIS OF BEARING I5 NORTH AMERICAN �ATUM
OF 1983 (NAD-83) STATE PLANE COOR�INATE
SYSTEM, TEXAS N�RTH CENTRAL.
PARCEL 35-5E-3
BETNG A
3,194 SQ,FT./0.�'7 ACRE
SLOPE EASEMENT
IN THE JAMES EDMONSON SURVEY,
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
^ Graham Associates,lnc,
�ti CONSULTING ENGINEERS dc PLANNERS
eoo sIx Fl.f,os oRrvE, sui�e 500
ARLINOTON, iEXAS 75011 (817) 840-8636
TBPE FlRM: F-11B1/lEpl.S F1RM7 101638-00
GRAPHIC SCALE S°=500'
0 50 100 150
DATE; OECEMBER 2011
J/Denton/P35-SE-3
Page 2 of 2
PARCEL 3 S-SE-3
LEGAL DESCRTPTION
SLOPE EASEMENT
EXHIBI'I' "C" - Page 2 of 2
Being a 0,07 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County,
Texas and being a portion of thai 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in
Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more pai�ticularly described
as follows:
COMMENCING at a found 1/2 inch u�on rod, said point being the southeast corner of a tract of land
conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records,
Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a
variable width R.O,W,), and the existing south right-of-way line of Roselawn Drive (having a variable
width R,O.W,);
THENCE South 89°29'48" East, leaving e�cisting said west right-of-way line and along existing said south
right-of-way line, a distance of 204,70 feet io a point for corner, said point being in the proposed soutl�
right-of-way line of Roselawn Drive (having a variable width R,O.W.), also being the northeast corner of
a tract of land conveyed to Jack Arlyn Parkes, save and except Tract l, as reeorded in Volume 4073, Page
1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the
said save and except Tract 1, a distance of 16.83 feet to a point for corner;
THENCE South 90°00'00" East, leaving said east line and continuing along proposed south night-of-way
line, a distance of 315,51 feet to a point for corner, said point being the most northerly point of a corner-
clip with the proposed west right-of-way line of Bonnie Bxae Street (having a 95' R.O.W.);
THENCE South 45°00'00" East, along said carner-clip, a distance of 14.14 feet to a point for corner,
being the POINT OF BEGINNING;
THENCE South 45°00'00" East, continuing along said corner-clip, a distance of 14.14 feet to a point for
corner, said point being in the pxoposed west right-of-way line of said Bonnie Brae Street;
THENCE South 00°00'00" West, continuing along said proposed west right-of-way line, a distanee of
314,39 feet to a point for corner;
THENCE North 90°00'00" West, leaving said proposed west right-of-way line, a distance of 10.00 feet to
a point for corner;
TIIENCE North 00°00'00" East, a distance of 324.39 feet to the POINT OF BEGTNNING and
CONTAINING 3,194 square %et, 0,07 acres of land, more or less.
�� ,. --•.�
ATTACHMENT 3
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
DRAINAGE EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Jacic Arlyn Parlces and wife, Betty Parlces (collectively, "Grantor"), whose mailing
address is 3129 South Bonnie Brae Street, Denton, Texas 76207-2209, in consideration of the
sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid
by the City of Denton, Texas, receipt and sufficiency of which is hereby acicnowledged, has
GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT,
BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual
drainage easement in, along, upon, under, over and across the following described property (the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the James
Edmonson Survey, Abstract Number 400, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A", EXHIBIT "B" AND EXHIBIT "C",
RESPECTIVELY
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining drainage, including without limitation, the right to overflow the Property, and
related structures, facilities and appurtenances, in, along, upon, under, over and across said
Property, The rights granted herein shall further include, without limitation, the free and
interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under,
over and across the Property to Grantee herein, its agents, employees, contractors, worlcmen and
representatives, for the purposes set forth herein, including without limitation, the malcing
additions to, improvements on and repairs to said drainage facilities, drainage features or grade,
or any part thereof.
This Easement is subject to the following covenants and agreements;
1. Structures, No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deeins appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any lcind, shall be conducted on the
Propei�ty by Grantor that may impair, damage or destroy the lateral slope established for
drainage, including without limitation, excavation or movement of soil or other material.
3. Access, For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4, Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
malce further payment to Grantor.
5, Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to malce use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
2
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness our hands, this the day of , 2012.
Grantor:
Jacic Arlyn Parkes
Betty Parlces
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on
Jacic Arlyn Parlces.
Notary Public, in and for the State of Texas
My Commission Expires;
3
2012, by
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acicnowledged before me on
Betty Parlces.
Notary Public, in and for the State of Texas
My Commission Expires:
2012, by
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012- )
:
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
�
PAGE 1 OF 2
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POINT OF
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SAVE & EXCEPT
TRACT 1
JACK ARLYN PARKES
VDL, 4073, PG, 1207
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BASIS OF BEARING IS NOATH AM�RICAN DATUM �� I I I
OF 1983 (NAD-83) STATE PLANE COORDINATE
SY5TEM, TEXAS NOqTH CENTRAL,
PARCEL 35--DE-1
BEING A
500 SQ.FT./0.01 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associptes,lnc.
■ CONSULTING ENGINEERS 6c PLANNERS
D00 SIX FLAGS pRIVE, SUI7E S00
ARLINOTIXJ, iE%AS 7E011 (817) 640-8536
iHPE FlRM; F-°1161%fHPL5 FlRM: 101638-00
SURVEY,
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GRAPHIC SCALE 1'=100'
0 50 100 150
DATE: OECEMBER 2011
J/Dentan/P35-DE-1
Page 2 of 2
PARCEL 35-DE-1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
EXHIBIT "A." - Page 2 of 2
Being a 0,01 acre tract of land situated in the James Edmonson Survey, Abstract No,400, Denton
County, Texas and being a portion of that 42� acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMBNCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denion County, Texas, and being in the exisiing west right-of-way line of Bonnie
Brae Street (having a variable width R.O.W,), and tha existing south right-of-way line of
Roselawn Drive (having a variable width R,O.W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of way line, a distance of 204,70 feet to a point for corner, said point being in the
proposed south right-of-way line of Roselawn Drive (having a variable width R,O,W,), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as
recorded in Volume 4073, Page 1207, Deed Recoz•ds, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line
oi the said save and except Tract 1, a distance of 16,83 feet to a point for corner;
THENCE South 90°00'00" East, l��aving said east line and continuing along proposed south right-
of-way line, a distance of 315.51 feet to a point for coi�er, said point being the most northerly
point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a
95' R.O,W.);
THENCE South 45°00'00" East, along said corner-clip, a distance of 28,28 %et to a point for
corner;
THENCE South 00°00'00" West, along said proposed west right-of-way line, a distance of 314.39
feet to a point for corner, being the POINT OF BEGINNING;
THENCE South 00°00'00" West, continuing along said proposed west right-of-way line, a
distance of 25.00 feet to a point for corner;
THENCE North 90°00'00" West, leaving said proposed west right-of-way Iine, a distance of
20.00 feet to a point foz• corner;
THENCE North 00°00'00" East, a distance of 25,00 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 20.00 feet to the POINT OF BEGINNING and
CONTAINING 500 square feet, 0.01 acres of land, more or Iess.
PAGE 1 OF 5
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JACK AFILYN PARKES
VOL, 4073, PG, 1207
D,R,D.C,T,
_ - �_�
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EXHIBIT "�" - Page 1 of 5
THE CHAMBEALAIN TRUST
VOL. 4522, PG, 1336
D.R.D,C.T,
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BASIS OF BEARING IS NORTH AMERICAN �ATUM �' I
OF 1983 (NAD-83) STATE PLANE COORQINATE SEE SHEET 2
SYSTEM, TEXAS NORTH CENTRAL. NOTES:
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1. THIS EASEMENT LIES WITHIN A FEDEqAL EMERGENCY
MANAGEMENT AGENCY DESTGNATED FLqOD PLAIN OR
�t �j FLOOD PRONE AREA AS OESIGNATE� ON THE FLOOti
PARCEL 35 ��,Cr �' F� PANELA48121C0370AG, E�FE�TIVE DA�ENAPRI�M18N2011.
BEING A
46,054 SQ.FT./1.06 ACRE
DRAINAGE EASEMENT
IN THE JAMES EDMONS4N
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
■ CONSULTING ENGINEERS dc PLANNERS
800 SIX FLAOS DRIVE, SUITE 600
ARUNOTON, TE%AS 7E011 (817) 440-8535
'tHPE FlRMi p-1191/THPLS FlRM: 101638-00
SURVEY,
GRdPHIC SCALE f'=500'
0 50 100 150
DATE: FEBRUARY 2012
J/Denton/P35-DE-2
PAGE 2 OF 5
EXHIBIT "B" - Page 2 of 5
SEE SHEET
,�i �_
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JACK ARLYN PARKES
VOL. 4073, PG. 1207
D.R,D.C.T,
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NOTES: SE�r
BA5I5 OF BEARING IS NOATH AMERICAN �ATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SY5TEM, TEXAS NORTH CENTRAL,
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.51'
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1. THIS EASEMENT LIES WITHIN A FEOERAL EMEpGENCY
MANAGEMENT AGENCY DESIGNAiED FLOOD PLAIN OR
FL00� PRONE AREA AS DESIGNATED ON THE FLOOD
INSURANCE RATE MAP FOq �ENTON COUNTY COMMUNITY
PANEL, 48121C0370 G, EF'FECTIVE OA7E APRIL 18, 2011.
PARCEL 35—DE—°2
BEING A
46,054 SQ.FT./1,06 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDM�NSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
^ Graham Associates,lnc,
((�, CONSULTING ENGINEERS dc PLANNERS
`'i, ARUNOT�lSITEKAS 7B0 RIVE 8) 6� 8gag
7HPE FlRMt F-1181/THpLS FlRM: 1015J8-00
SURVEY,
GAAPHIC SCALE f'=f00'
0 50 100 150
DATE: FEBRUARY 2012
J/Denton/P35-�E-2
PAGE 3 OF 5
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TOMMY R. HOLAMON
VOL. 5164, PG. 6qi
D.R,n.C.T,
N71'10'47"E
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EXHIBIT "B" � Page 3 of 5
SEE SHEET 2
POINT OF
BEGINNING
JACK ARLYN PARKES
VOL, 4073, PG, 1207
D,R.D,C.T.
, � HS��pP� �%
FpQP/�
PARCEL 35--DE-2
BEING A
46,454 SQ.FT./1.06 ACRE
DRAINAGE EASEMENT
STTUATED IN THE JAMES EDMONSON SURVEY,
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
^ Graham Associates,lnc.
��+ CONSULTING ENGINEERS dc PL4NNERS
000 SIX FLAGS DRIVE, SUIiE 600
THPE flRMt� F�1191/THPLS f1RM, /01638300
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GflAPHIC SCALE f'-l00'
0 50 100 150
DATE; FEBRUAHY 2012
J/Denton/P35-DE-2
Page4of5
PARCEL 35-DE-2
LEGAL DESCRIPTION
DRAINAGE EASEMENT
EXHIBIT "B" - Page 4 of 5
Being a 1.06 acre tract of land situated in the James Edmonson Survey, Abstract No,400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows;
COMMENCING at a found 1/2 inch iron rod, said point being the southeast coz�,er of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recoxded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R,O.W,), and the existing south right-of-way line of
Roselawn Drive (having a variable width R,O.W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204,70 feet to a point for corner, said point being in the
proposed south right-of-way line of Roselawn Drive (having a variable width R.O,W.), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line
of the said save and except Tract l, a distance of 16.83 feet to a point for corner;
THENCE North 90°00'00" East, leaving said east line and continuing along proposed south right-
of-way line, a distance of 315,51 feet to a point for corner, said point being the mosi northerly
point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Streat (having a
95' R.O.W,); .
THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°00'00" •East, along said proposed west right-of-way line, a distance of 755.40
feet to a point for corner, for the being the bea nning of a tangent curve to the right having a
radius of 852.50 feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09"
West, 192.10 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve to
the right, an arc distance of 192,51 feet to a point for corner;
TI3ENCE South 12°56'18" West, continuing along said proposed west right-of-way line, a
distance of 486,92 feet to a point for corner;
THENCE North 77°03'42" West, leaving said proposed west right-of-way line, a distance of
184.47 feet to a point for the POINT OF BEGINNING;
THENCE South 33°OS'49° West, a distance of 54,95 feet to a point for corner;
EXHIBIT "B" - Page 5 of 5
Page 5 of 5
THENCE South 74°08'18" West, a distance of 249.51 feet to a point for corner, said point being
in the west line of said Jack Arlyn Paxkes tract and being in the east line of a tract of land
conveyed to Tommy R, Holamon, as recorded in Volume 5164, Page 641, Deed Records, Denton
County, Texas, being a common line;
THENCE North O1°17'40" Wesi, along said coanmon line, a distance of 155,49 feet to a point for
corner;
THENCE North 21°36'S0" West, continuing along said common line, a distance of 102,48 feet to
a point for corner;
THENCE North 71°10'47" East, leaving said common line, a distance of 70.67 feet to a point for
corner; .
THENCE South 56°54'11" East, a distance of 291.72 feet to the POINT OF BEGINNING and
CONTAINING 46,054 square feet, 1.06 acres of land, more or less.
PA6E 1 OF 5
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SAVE 6 EXCEPT
TRACT 1
J/�CK ARLYN PARKES
VOL, 4073, PG. 5207
❑,R,D.C,T.
r..::.
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THE CHAMBERLAIN TRUST
VOL. 4522, PG. 1336
D.R.D.C,T.
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SYSTEM3 TEXASBNORTHACENTRALE COOADINATE SEE SHEET 2
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NOTES;
1, THIS EASEMENT LIES WITHIN A FEDEFIAL EMERGENCY
MANAGEMENT AGENCY DESIGNATE� FL00� PLAIN OR
q FLOOD PRONE AAEA AS OESIGNATED ON THE FLOOD
PAR C E L 3 5°— D E — J PANELA48121C0 7qAG,EFFECTIVENOATENAPRILM�8N201�,
BEING A
12,344 SQ.FT./0.28 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY,
ABSTRACT N0, 400,
DENTON COUNTY, � TEXAS
■^ Graham Associates,lnc.
CONSULTING ENGINEERS dc PLANNERS
\l71 C00 SIX FUGS DRIVE, SUITE 500
�'i� ARLINOTON� iEXAS 76011 (817) 640-8635
THPE FlRAI; F-1181/7BPLS FlRM: 101638-00
GRAPHIC SCALE i'af00'
0 50 900 150
DATE: FEBRUAFIY 2012
J/oenton/P35-oE-3
PAGE 2 OF 5
EXHIBIT "C" - Page 2 of 5
SEE SHEET
, i "�
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.� �
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�:.: �
JACK ARLYN PARKES
VOL. 4073, PG. 1207
D,R.D.C.T.
\ / �� 100 YR � �
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BASI5 OF BEARING I5 NORTH AMERICAN �ATUM NOTES: 'SF'F'
OF 1983 (NAO-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
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p=852.50'
T=96.67'
L=192.51'
C6=506'28'0
Lc=192.10' �
i, THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY
MANAGEMENi AGENCY DESIGNATED F�000 PLAIN OR
INSURANCENRATEEMAPSFORSOENTONpCOUNTYECOMMUNITY
PANEI. 4812�C0370 G, EFFECTIVE ❑ATE APqTL 18, 2011.
PARCEL 35--DE-3 �
BEING A
12,344 SQ.FT./Q.28 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY,
AHSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc,
� CONSUITING ENGINEERS & PLANNERS
AOD SIX F1AGS dRIVE, SUITE 600
ARLJNOTON, TEXAS 760f1 (6f7) g40_8636
TBPE FlRM; F-1191/iHpLS FlRM7 101638-00
GRAPHIC 9CALE f'=l00'
0 50 100 150
DATE: FEBRUARY 2012
J/Oenton/P35-DE-3
PAGE 3 OF 5
�,
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TOMMY R. HOLAMON
VOL. 5164, PG. 641
D.R,p,C,T.
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SEE SHEET 2
� JACK ARLYN PARKES
- _ •. VOL, 4073, P�, 1207
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29 84'
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BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 9983 (NA�-83) S7ATE PLANE CO�RDINA7E
SYSTEM, TEXAS NORTH CENTRAL.
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MARVIN HENDERSON ESTATE TRUST / /
DOC, N0, 96—R0055800
D,R,Q,C.T.
NOTES:
1. THIS EASEMENT LIES WITHIN A FEDEAAL EMER�ENCY
MANAGEMENT AGENCY DESIGNATEp FLOOD PLAIN OR
FLOOD PRONE AF2EA AS dESTGNATED ON THE FLOOD
INSIJRANCE RATE MAP FOR DENTON COUNTY COMMUNITY
PANEL 48�21C0370 G,EFFECTTVE OATE APRIL 18,2011.
PARCEL 35—DE--3
BEING A
12,344 SQ.FT./0.28 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY,
ABSTRACT N0. 400,
DENTON COUNTY, TEXA.S
' � Graham Associates,lnc.
CONSULTING ENGINEERS & PLANNERS
eoo six Fuas DRI�E, suire aoo
ARLINGTON, r�x�s �aott (at�) E40-9535
iHPE FlRMt F-17B1/7HplS FlRM� 161638-00
GRAPHIC SCALE i°=100'
0 50 100 150
OATE; FEBRUARY 2012
J/Dentan/P35-DE-3
Page4of5
PARCEL 35-DE-3
LEGAL DESCRIPTION
DRAINAGE EASEMENT
EXHIBIT "C" - Page 4 of 5
Being a 0,28 acre tract of land situated in the Jaxnes Edmonson Survey, Abstract No,400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
. particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R.O.W,), and the existing south right-of-way line of
Roselawn Drive (having a variable width R,O,W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along e�sting
said south right-of-way line, a distance of 204,70 feet to a point for corner, said point being in the
proposed south right-of-way line of Roselawn Drive (having a variable width R.O,W,), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Paxkes, save and except Tract 1, as
recorded in Volume 4073, Page 1207, Deed Reeords, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line
of the said save and except Txact 1, a distance of 16.83 feet to a point for corner;
THENCE North 90°00'00" East, leaving said east line and continuing along proposed south zxght-
of-way line, a distance of 315,51 feet to a point for corner, said point being the most northerly
point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a
95' R,O,W,);
THENCE South 45°00'00" East, along said corn.er-clip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°00'00" East, along said proposed wast right-of-way line, a distance of 755.40
feet to a point for corner, for the being the beginning of a tangent curve to the right having a
radius of 852,50 feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09"
West, 192.10 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent cuive to
the right, an arc distance of 192,51 feet to a point for corner;
THENCE South 12°56'18" West, continuing along said proposed west right-of-way line, a
distance of 761,45 feet to a point for corner, said point being in the south line of said 7ack Arlyn
Parkes tract and being in the north line of a tract of land conveyed io Marvin Headerson Estate
Trust, as recorded in Instrument No, 96-R0055800, Deed Records, Denton County, Texas, being
a common line;
TIIENCE South 80°10'16" West, leaving said proposed west right-of-way line, and along said
coinmon line, a distance of 225,36 feet to a point for corner;
EXHIBIT "C" - Page 5 of 5
Page S of 5
THENCE South 57°03'37" West, continuing along said common line, a distance of 29, 84 feet to a
point for the POINT OF BEGINNING;
TH�NCE South 57°03'37" West, continuing along sazd common line, a distance of 159.24 £eet to
a point for corner, said point being the southwest corner of said Jack Arlyn Parkes tract and being
the southeast corner of a tract o£ land conveyed to Tommy R, Holamon, as recorded in Volume
5164, Page 641, Deed Records, Denton County, Texas, being a common line;
THENCE North O1°17'40" West, leaving said noi�h line of said Henderson tract, and along said
common line, a distance of 120,00 feet to a point for coi�er;
THENCE North 76°16'S1" East, leaving said common line, a distance of 130.00 feet to a point
for corner;
THENCE South 08°54'19" East, a distance of 65.00 feet to the POINT OF BEGINNING and
CONTAINING 12,344 square feet, 0,28 acras of land, more or less.
0 3 �i � �—
ATTACHMENT 4
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Jacic Arlyn Parkes and wife, Betty Parkes (collectively,"Grantor"), whose mailing address
is 3129 South Bonnie Brae Street, Denton, Texas 76207-2209, in consideration of the sum of Ten
and No/100 Dollars ($10.00) and other good and valuabie consideration in hand paid by the City of
Denton, Texas, receipt and sufficiency of which is hereby acicnowledged, has GRANTED,
BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL
and CONVEY unto the City of Denton, Texas ("Grantee") a temporary construction, grading and
access easement in, along, upon, under, over and across the following described property (the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the James
Edmonson Survey, Abstract Number 400, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B", RESPECTIVELY
ATTACHED HERETO AND MADE A PART HEREOF
It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may
remove from the Property above described, such fences, signage, buildings and other obstructions
as may now or hereafter be found upon said Property, for the purpose of construction activities,
grading activities and access in, along, upon, under, over and across said Property, It is
specifically stipulated by Grantor that the scope of the access, construction and grading activities
shall include the clearing and removal of vegetation and trees that exist within the Property.
The City of Denton, its agents, employees, contractors, worlcmen, and representatives shall have
the right of ingress, egress and regress in, along, upon, under, over and across said Property for the
purpose of access, construction and grading activities or any part thereo£
The term of this Temporary Construction, Grading and Access Agreement shall commence on the
date of the "Contractor Notice to Proceed" related to the portion of the Bonnie Brae Widening and
Improvements Project affecting the Property and terminate on the earlier to occur of (i) two (2)
years from such date of the herein referenced "Contractor Notice to Proceed"; or (ii) December 31,
2015, unless the parties mutually agree in writing to an extension or reduction of such term.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness our hands, this the day of , 2012.
Grantor;
Jacic Arlyn Parlces
Betty Parices
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on
Arlyn Parlces.
2012, by Jack
Notary Public, in and for the State of Texas
My Commission Expires;
2
THE STATE OF TEXAS
COUNTY OF DENTON
�
�
ACKNOWLEDGMENT
This instrument was acicnowledged before me on
Parlces.
Accepted this day of
Texas (Ordinance No. 2012-�.
:
Paul Williamson
Real Estate Manager
Notary Public, in and for the State of Texas
My Commission Expires:
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
3
2012, by Betty
2012, for the City of Denton,
PAGE 1 OF 2
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OF 1983 (NAD-83) STATE PLANE COOFIDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35�-TCE-1
BEING A
876 SQ.FT. 0.02 ACRE
TEMPORARY CONST UCTION EASEMENT
STTUATED IN THE JAMES EDMONSON SURVEY,
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS GflAPHIC SCALE �•=�oa�
0 50 100 150
^ Graham Associates,lnc.
��+ CONSULTING ENGiNEERS 8c PLANNERS
eoo slx •rt�as oRlve, suire 600
ARLINOTON, TEkAS 76011 (817) e40-8638
THPE FlRM� F-1191/TBPLS flRM� 101638-00
DATE: DECEMBER 2011
J/pentan/P35-TCE-1
Page 2 of 2
PARCEL 35-TCE-1
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT "A" - Page 2 of 2
Being a 0.02 acre tract of land situated in the James Edmonson Survey, Abstract No.400,
Denton County, Texas and being a portion of that 42 acre tract o� land conveyed to Jack
Arlyn Parkes, as reco�ded in Volume 4073, Page 1207, Deed Records, Dentan County,
Texas, and being moz•e particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a
tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume
5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west
right-of-way line of Bonnie Brae Street (having a variable width R.O,W.), and the
existing south i7ght-of-way line of Roselawn Drive (having a variable width R,O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along
existing said south right-of-way line, a distance of 204.70 feet to a point for cornex, said
point being in tl�e proposed south right-of way line of Roselawn Drive (having a variable
width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn
Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records,
Denton County, Texas, .
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along
east line of the said save and except Tract l, a distance of 16.83 feet to a point for corner;
THENCE South 90°00'00" East, leaving said east line and continuing along proposed
south right-of-way line, a distance of 81.87 feet to a point for corner, being the POINT
OF BEGINNING;
THENCE South 90°00'00" East, continuing along said proposed south right-of-way line,
a distance of 46,83 feet to apoint for corner;
THENCE South 33°45'08" East, Ieaving said proposed south ixght-of way line, a distance
of 11.60 feet to a point for corner;
THENCE South 56°14'S2" West, a distance of 34.54 feet to a point for corner;
THENCE North 40°25'30" West, a distance of 37.88 feet to the POINT OF BEGINNING
and CONTAINING 876 square feet, 0.02 acres of land, more or less.
PAGE 1 OF 2
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OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35—TCE-2
BEING A
366 SQ.FT./0.01 ACRE
TEMPORARY CONSTRUCTION EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY,
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,inc.
■ CONSULTING ENGINEERS dc PLANNERS
600 SIX FLAOS DRIVE, SUITE 600
MLINOTON, TEXAS 78011 (817) 840-8636
THPE FlRM: F-11B1/TBpLS �1RMt 101658-00
GqAPHIC SCALE 1'=100'
0 50 100 150
DATE: DECEMBER 2011
J/Denton/P35-TCE-i
Page2of2
PARCEL 35-TCE-2
LEGAL DESCRTPTION
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT "B" - Page 2 of 2
Being a 0,01 acre tract of land situated in the James Edmonson Survey, Abstraci No,400,
Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack
Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County,
Texas, and being more pat�ticularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast cornei� of a
tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume
5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west
right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the
existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along
existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said
point being in the proposed south right-of-way line of Roselawn Drive (having a variable
vvidth R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn
Parkes, save and except Tract l, as recorded in Volume 4073, Page 1207, Deed Records,
Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of way lina, and along
east line of the said save and except Tract l, a distance of 16,83 feet to a point £or corner;
THENCE South 90°00'00" East, leaving said east line and continuing along proposed
south right-of-way line, a distance of 158.70 feet to a point for corner, being the POINT
OF BEGINNING;
THENCE South 90°00'00" East, continuing along said proposed south right-of-way line,
a distance of 33.00 feet to a point for corner;
THENCE South 00°13'31" East, leaving said proposed south right-of-way line, a distance
of 11.02 feet to a point for corner;
THENCE South 89°46'29° West, a distanca of 33.00 feet to a point for corner;
THENCE North 00°13'31" West, a distance of 11.15 feet to the POINT OF BEGINNING
and CONTAINING 366 square feet, 0.01 acres of land, more or less,
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 ����'
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee
simple to a 0216 acre tract; and (II) a temporary constniction, grading and access easement,
encumbering a 0.152 acre tract, all tracts located in the M.E.P. & P.R.R. Co. Survey, Abstract
Number 1469, City of Denton, Denton County, Texas, as more particularly described on Exhibit
"A", attached hereto and made a part hereof, located generally in the 1500 blocic of North
Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill
Road, a municipal street and roadway; authorizing the City Manager or his designee to malce an
offer to Jerry M Kelsoe (the "Owner") to purchase the property interests for the purchase price
of Two Hundred Ninety Nine Thousand Seven Hundred Ninety Six Dollars and No Cents
($299,796.00), and other consideration, as prescribed in the Purchase Agreement (the
"Agreement"), as attached hereto and made a part hereof as Exhibit "B"; authorizing the
expenditure of funds therefor; authorizing relocation expenditures; and providing an effective
date. (Mayhill Road Widening and Improvements proj ect — Parcel M024)
BACKGROUND
In accord with the current Mayhill Road Widening and Improvements proj ect initiative (the
Project), staff is undertalcing the identification of the additional land rights necessary to
accommodate the constniction and operation of the improved roadway. Pyles-Whatley
Corporation has been engaged to provide real estate appraisal services in regard to those
identified tracts that will be directly impacted by the project.
In respect to the affected property tract owned by Mr. Kelsoe, the Project requires the partial
acquisition of a Fee Tract for street and drainage purposes and a Temporary Constniction,
Grading and Access Easement to provide for removal of a commercial stnicture bisected and
therefore damaged by the Proj ect.
Pyles-Whatley Corporation has provided a real estate appraisal report in regard to Mr. Kelsoe's
property tract and the land rights necessary for the Proj ect. Their findings constitute the present
offer to purchase. Situated within the acquisition areas is a tenant occupied commercial stnicture.
The Project requires removal of the commercial stnicture and consequently displacement of the
tenant.
As per state stat�ite changes precipitated by the passage of Senate Bill 18, the tenant of the
commercial stnicture sit�iated within the subject acquisition tract may be entitled to a Business
Relocation Assistance benefit package, separate and apart from the land rights acquisition
initiative. An element to the change in state law requires condemning authorities to formally
establish a relocation assistance program in conformance with the Federal Uniform Relocation
Assistance and Real Property Acquisitions Policy Act of 1970, 42 U.C.S.A. 4601 et. seq., and
regulations promulgated pursuant thereto (49 CFR §§24.1-24.603), as each may be amended
from time to time (the "Federal Act"). The Denton City Council, at the meeting of April 17,
2012, adopted Ordinance 2012-073 to satisfy that requirement.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified acquisition tracts affecting the property owned
by Mr. Kelsoe.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP `08) funds and City of Denton local match funds. The purchase
offer price of $299,796.00 plus closing costs, as prescribed in the Agreement.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
Prepared by,
� �
� �������
Paul Williamson,
Real Estate Manager
Respectfully subnutted,
������
�
Franlc G. Payne, P.E.
City Engineer
�ocation Map KELSOE — Parcel M024
EXHIBIT 1 attachment to AIS Mayhill Road Widening and Improvements
EXHIBIT 2 attachment to AIS
s:\legal\our documents\ordinances\12Ucelsoe acquisition ordinance.doc
ORDINANCE NO, 2012-
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE (I) FEE SIMPLE TO A 0.216 ACRE TRACT; AND (II) A TEMPORARY
CONSTRUCTION, GRADING AND ACCESS EASEMENT, ENCUMBERING A 0.152
ACRE TRACT, ALL TRACTS LOCATED IN THE M.E.P. & P.R.R. CO. SURVEY,
ABSTRACT NUMBER 1469, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A
PART HEREOF, LOCATED GENERALLY IN THE 1500 BLOCK OF NORTH MAYHILL
ROAD (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND
IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO
JERRY M. KELSOE (THE "OWNER") TO PURCHASE THE PROPERTY 1NTERESTS FOR
THE PURCHASE PRICE OF TWO HUNDRED NINETY N1NE THOUSAND SEVEN
HUNDRED NINETY SIX DOLLARS AND NO CENTS ($299,796.00), AND OTHER
CONSIDERATION, AS PRESCRIBED 1N THE PURCHASE AGREEMENT (THE
"AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT
"B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AUTHORIZING
RELOCATION EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION 1, The Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Property Interests by the City of
Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition
of the Property Interests is necessary for public use to provide street and roadway expansion and
improvements to serve the public and the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to malce a formal
offer to the Owner to purchase the Property Interests from the Owner.
SECTION 3. The City Manager, or his designee, is hereby authorized to execute for and
behalf of the City (i) the Agreement, by and between the City and Owner, in the form attached
hereto and made a part hereof as Exhibit "B", with a purchase price of $299,796.00 and other
consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any other
documents necessary for closing the transaction contemplated by the Agreement,
SECTION 4. The City Manager, or his designee, is directed, by certified mail, return
receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the
City relating specifically to the Owner's proper-ty and prepared in the 10 years preceding the date
of the offer made by the Agreement.
SECTION 5. The offer to Owner shall be made in accordance with all applicable law.
SECTION 6. The City Manager is authorized to make expenditures in accordance with
(i) the terms of the Agreement; and (ii) Ordinance No. 2012-073, dated April 17, 2012,
pertaining to relocation related expenses and advisory services.
SECTION 7. If any section, article, paragraph, sentence, pluase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect,
SECTION 8. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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� � � ' EXHIBIT "A" - to Ordinance (Property Interests)
rthur Surveying Co., I nc.
.PxvaF'�ess�zox�a,� ���d Sxr,��v�,ycax�
P.O. Box 54 �- Lewisville, Tex�s 75067
Ofiicc: (972) 221-9439 �� F��.: (97�) 221-46'75
EXHIBIT "A"
MAYHILL ROAD
RIGHT-OF-WAY
PARCEL M024
0.216 Acre
City of Denton, Denton County, Texas
BEING all that certain lot, tract o�• parcel of land situated in the M.E.P. & P.R.R, Co. Strrvey, Abst�•act Number
1469 and being part of that certain tract of land described by deed to Jerry M. ICelsoe, recorded in Volume 1823,
Page 134 of the Real Property Records of Denton County, Texas (R.P,R.D.C.T,), and being more particularly
described as follows:
B�GTNNING at a"PIC" Nail set in Mayhill Road for the southeast corner of said Kelsoe tract and the noi�theast
comer of a tract of land descriUed by deed to Earl Edwards and wife, Ruth Edwards, recorded in Volume 1546, Page
775, R,P,R,D.C.T;
THENCE South 80 degrees 18 minutes 15 seconds West, with the south line of said Kelsoe tract and the north line
of said Edwards tract, a distance of 66,55 feet to a 1/2 inch ixon rod with yellow cap stamped "Arthur Surveying
Company" (A,S,C,) set for coiner;
THENC� North 02 degrees 46 minutes 43 seconds East, over and across said Kelsoe tract, a distance of 178.06 feet
to a 1/2 inch iron rod with yellow cap stamped "A,S,C." set for corner in a northeasterly liue of said Kelsoe tract and
a southwesterly right-of-way line of U.S. Highway No. 380;
THENC� South 48 degrees 53 minutes 46 secouds East, with a southwesterly right-of-way line of said U.S.
Highway No. 380, a distance of 82.56 feet to a"PK" Nail set in said Mayhill Road for coiner;
TH�NCE South 02 degrees 40 minutes 25 seconds West, in said Mayhill Road, a distance of 112.49 feet to the
POTNT OF B�GINNING and containing 0.216 acre of land, of which 0.073 acre lies withiv the existing Mayhill
Road.
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EXHIBIT "A" - to Ordinance (Property Interests)
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New Right-of-way 0.143 ac. (6,232 sq, ft,) �.�• �.,
Existing Zmplied Dedication 0.073 ac. (3,191 sq, ft,) '� k�6' �'
0.21.6 Acre (9,423 sn. ft,)
Right-of Way o ? ��. ��p
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g Sgp�19 , O � g� "W
� ��� ' � LR� � �
sso��a��5"W � — — S s8 66.�
92.42 1 .
I
I
�
v
ro
��
IN
O
�
0
�
Earl Edwards and
wife, Ruth Edwards
Volume 1646, Page 775
EXHIB IT "B "
Mayhill Road
Right—of --Way
Parcel M024
0.216 aere in the
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469,
City of Denton
Denton County, Texas
-- 2011 --
Nail
set
i
I
F.I.R•
(C.M•)
�—� ~ S8 3p gg' W
N
60 0 30 60
SCALE: 1" = 60'
Bearings shown hereon based on the City of
De�iton GIS Nerivork.
�
�'i °
�
v
�
e?
�
�
�
NOTES;
• I.R.F. = I/2" Tron Rod Found
• I.R,S, = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
reon,
. --
rthur Surveying Co., Inc.
Finfessional Land Surveyors
P.O.Box 54 — Lewieville, Texae 75087
Office: (972) 221-9439 Fas: (972) 221.-4676
Eatatblished 1988
EXHIBIT "A" - to Oi�dinance (Property Interests)
�� rt�.ur Surveying Co., I nc,
.�'x�,�'�e��zozx�.P .�.�ax�ca' .Sxxx��,��x*�
I',O. E3ox 54 ^- Lewisville, Texas 750G7
C>k�ice: (9'72) 221-9439 -� F�x: (9'72) 22:1-4675
EXHI�IT "A"
60' TEMPOI�AT23t
COIV�STRUCTIOle1 EASEIVIElV'I`
O.1.52 A�re
City o� Derxton, Denton Cou�ty, Texas
B�ING all that certain lot, tract or parcel of land situated in the M,E.P. & P.R,R. Co. Survey, Abst��act Number
1469 and being part of that certain tract of land desc�•ibed by deed to Jerry M. TCelsoe, recorded in Volume 1823,
Yage 134 of the Real Property Records of Denton County, Taxas (R.P.R.D.C,T.), and Ueing more pai�ticulaz�ly
described as follows:
COMM�IoTCII�iG at a"PK" Nail set in Mayhill Road foa the southeast coiner of said ICelsoe trttct and the noi�theast
cornez• of a tract of land described liy deed to Earl Edwards and wife, Ruth Edwards, recorded in Volume 1�546, Page
775, R.1',R.D,C,T.; ,
TH�IaTC� South 80 degrees 18 minutes 15 seconds West, with the south line of said I�elsoe tract and the noi�th line
of said Edwards tract, a distance of 66.55 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveynig
Compan.y" (A.S.C.) set for the POI1mTT OF B�GX1oiNIId'G;
THEImTCE South 80 degrees 18 minutes 15 seconds West, continuing with the south line of said ICelsoe tract and the
no��th line of said Edwards hact, a distance of 107.32 feet to a point for the southwest corner of said Kelsoe tract and
the southeast carner of a tract of land described by deed to Noah L. Tm•rubiarte, recoxded in Volutiie 2971, Page
17'i, R.P.R.D.C.T., and being in the north line of said Edwards tract;
THEl@1C� North 02 degrees 46 minutes 16 seconds West, with the west line of said Kelsoe tz•act and the east line of
said Tunubiai�te t�•act, a distance of 60,44 feet to a point foz• corner;
TH�1@TC� North 80 degrees 18 minutes 15 seconds East, over and across said T�elsoe tract, a distance of 113.31 feet
to a point for cornez�;
'I'H��ICE South 02 deg��ees 46 minutes 43 seconds West, over and across said Kelsoe tract, a distance of 61.45 feet
to the P0710TT O�' BEGII�INTIVG and containing 0.152 acre of land, more or less.
C1107131-40
Parccl M024
Easement
EXHIBIT "A" - to Ordinance (Property Interests)
� ��o Concrete
�, Monumen t
� q� �. Found (C.M.)
�gr�'� - idth RO�
� e s � `�a�iable W ,� .,�. ��.
� S
.r. — �'2 `�yz 0
. /_ �� �'!y
� ��
� \
i ���� N I 0
ti
�1�� !.0
Noah L, Tu.rrubiarte ,� Jerry M. Kelsoe �
Volume 2971, Page 177���I polume 1823, Page 134 c� +
I
N
� ` z� l'roposed 0
Righ t—o f—Way
��9 Parcel M024
�� ��O��o,�113.31� �
,d•, I
�i�' � 'v� I
� 0.15� Acx� ,D �;
�,,.�� � - I oxa�3' lo �
,� � � � 60' Temp �as��1-e�'ti �a
� �� I(,+OIlStC C6'� ,.,. s_� S� Sg 66 55� W S t�
�'�l'� ss 9Z �?' W��� �80°�.8'1���� 107�
F.1. R, I
(C. M..) ' � �
A. s AJ • J.J e �
�arl ]Gdwards and
wife,' Ruth Edwards
Volume J.546, Page 775
..—�'� �.
�XI�I� I'T 'v � � �
Parcel 1VI02�
60 g T'ern.porar°�
Constx°uctio�. .�as�rnent
�.1 �� ���� �� ���
�r.�.�, � �.�e�. c�, s�.�����
Ab�tr�ct IeTum.b�r 146�,
. �1ty of Der�.ton
Denton Cotxnt�, Texa�
-- 2012 --
��
� O
a�
0
ti
I
I
(C�,M•)
S80'�g �5 W
30.99
60 0 30 60
SCALE; 1" = 60'
Bearings showu hereon based on tlie City of
Dentou GIS Netwm•k.
�
F+ �! �
v
��
��
�
NOTES:
e I.R.I'. =1/2" Tron itod Fouud
o I.R,S. = 1/2" Iron Rod Set with
yellow cap sfamped "Arthur
Surveying Company"
o Implied lledication = apparent
prescriptive right-of-way.
ereon,
� `- � --
� rthur Surveyin� Coo, Inc,
.1�Y9ofessioa�.t Y�nei Sax�e,y�s��
P.O.Bos 64 — Lo�visville, Tegas 76067
Office: (872) 221-9439 Fax; (972) 221-4875
Estatbli�hed 1986
EXHIBIT "B"
TO
ORDINANCE
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated
2012, but effective as of the date provided below, between Jerry M. Kelsoe (referred to herein as
"Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Jerry M. Kelsoe is the Owner of a tract of land (the "Land") in the M.E.P. &
P.R.R. Co. Survey, Abstract Number 1469, being affected by the public improvement project
called the Mayhill Road Widening and Improvements Project ("Project"); and
WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii)
an easement in, along, over, upon, under and across, a portion of the Land, each related to the
Proj ect; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows;
1, A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so called), conveying to the City, subject to the reservations described
below, the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain
Special Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special
Warranty Deed being attached hereto as Attachment 1 and made a pai�t hereof; and (ii) a
Temporary Construction, Grading and Access Easement (the "Easement"), in, along, upon,
under, over and across the tract of land being described in Exhibit "A" and depicted in Exhibit
"B" (the "Easement Lands"), to that certain Temporary Construction, Grading and Access
Easement, attached hereto as Attachment 2 and made a part hereof, for temporary construction,
grading and access purposes, as more particularly described therein.
The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1"; and (ii) the Easement shall be in the form and upon the
terms as attached hereto and incorporated herein as "Attachment 2" (the Fee Lands and the
Easement are collectively referred to herein as the "Property").
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for himself, his
heirs, devisees, successors and assigns all oil, gas and other minerais in, on and under and that may
be produced from the Fee Lands. Owner, his heirs, devisees, successors and assigns, shall not have
the right to use or access the surface of the Fee Lands, in any way, manner or form, in connection
with or related to the reserved oil, gas, and other minerals and/or related to expioration and/or
production of the oil, gas and other minerals reserved herein, including without limitation, use or
access of the surface of the Fee Lands for the location of any well or drill sites, well bores, whether
vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanlcs or tanlc
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral
support for any surface facilities or well bores, or any other infrastructure or improvement of any
kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related
to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall
exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands. The intent
2
of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the eai�th and all areas above the
surface of the earth.
2. As consideration for (i) the granting and conveying of the Fee Lands and the Easement to
the City; and (ii) damages to the Owner's remaining Property, the City shall pay to Owner at
Closing the sum of Two Hundred Ninety Nine Thousand Seven Hundred Ninety Six and No/100
Dollars ($299,796..00). The monetary compensation prescribed in this Section 2 is herein
referred to as the "Total Monetary Compensation".
3. In addition to the Total Monetary Compensation, and being a component part of the Project,
the City shall, at its sole cost and expense, demolish, remove and dispose of the commercial
structure bisected by the Project and located within the Fee Lands and Easement Lands, Owner
expressly stipulating that such commercial structure is to be demolished as part of, or related to,
the Project. The work prescribed in this Section 3 is herein referred to as the "Demolition
Work".
4. The Owner shall convey and grant to the City the Fee Lands and the Easement free and clear
of all debts, liens and other encumbrances (the "Encumbrances"). The Owner shall assist and
support satisfaction of all closing requirements of the City in relation to solicitation of releases or
subordinations of the Encumbrances and other curative efforts affecting the Fee Lands and/or
Easement Lands, if necessary in the discretion of the City. In the event that all Encumbrances
are not cured to the satisfaction of City prior to Closing, such shall not be a default hereunder,
although Owner may otherwise be in default under Section 11, below, However, if the
Encumbrances are not cured as provided herein, City has the option of either (i) waiving the
defects related to the remaining Encumbrances by notice in writing to Owner on or prior to the
Closing Date, upon which the remaining Encumbrances shall become Permitted Exceptions
(herein so called), and proceed to close the transaction contemplated by this Agreement; or (ii)
3
terminating this Agreement by notice in writing to Owner, in which latter event Owner and City
shall have no further obligations under this Agreement.
5. Owner stipulates that the Total Monetary Compensation payment and the Demolition Worlc
constitute and include all compensation due Owner by City related to the Project, including
without limitation, any damage to or diminution in the value of the remainder of Owner's
property caused by, incident to, or related to the Project, value of, damage to and/or costs of
repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any
other structure or facility of any lcind, including without limitation, commercial structures located
within the Easement Lands and/or Fee Lands, related to activities conducted pursuant to the
Easement or City ownership of the Fee Lands, interference with Owner's activities on the
Easement Lands or other property interests of Owner, caused by or related to activities within
the scope of the rights granted by the Easement, whether accruing now or hereafter, and Owner
hereby releases for themselves, their heirs, devisees, successors and assigns, City, it's officers,
employees, elected officials, agents and contractors from and against any and all claims they may
have now or in the future, related to the herein described matters, events and/or damages.
6. The Closing (herein so called) shall occur in and through the ofiice of Title Resources, LLC,
525 South Loop 288, Suite 125, Denton, Texas 76205 ("Title Company"), with said Title
Company acting as escrow agent, on the date which is 180 days after the Effective Date, unless
the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In
the event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County
holiday, the Closing Date shall be the next resulting business day,
7. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to
the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the
calendar year in which Closing shall occur shall be prorated between Owner and City as of the
Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is
not known as of the Closing Date, the proration shall be based on the amount of taxes due and
payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in
cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which
4
Closing shall occur is lcnown, The result of such proration is that the Owner shall pay for those
taxes attributable to the period of time prior to the Closing Date (including, but not limited to,
subsequent assessments for prior years due to change of land usage or ownership occurring prior
to Closing) and City shall pay for those taxes attributable to the period commencing as of the
Ciosing Date. All other typical, customary and standard closing costs associated with this
transaction shall be paid specifically by the City, except for Owner's attorney's fees, if any,
which shall be paid by Owner.
8. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of
this Agreement,
9.A. In the event Owner shall default in the performance of any covenant or term provided
herein, and such default shall be continuing after ten (10) days written notice of default and
opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity
or otherwise, including without limitation, the remedy of specific performance.
B. In the event City shall default in the performance of any covenant or term provided herein,
and such defauit shall be continuing after ten (10) days written notice of default and opportunity
to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to
Closing by written notice of such election to City; or (ii) enforce specific performance of this
Agreement.
10, THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
11. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; (ii) enter
into any Agreement that will be binding upon the Fee Lands or upon the Owner with respect to
5
the Fee Lands after the date of Closing; or (iii) enter into any agreement that will be binding on
the Easement Lands, or upon Owner with respect to the Easement Lands, prior to the termination
of the Easement.
12. Any notices prescribed or allowed hereunder to Owner shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein,
and shall be deemed delivered and received upon the earlier to occur of (a) the date provided if
hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a
regularly maintained receptacle for the United States Mail, registered or certified, return receipt
requested, postage prepaid, addressed as follows:
• ./� '
CITY;
Jerry M. Kelsoe City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Phone Denton, Texas 76209
Telecopy: (940) 349-8951
Copies to:
For Owner: For Citv:
Telecopy:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
13. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement. Relocation
advisory services and relocation financial assistance, if applicable pursuant to Ordinance No.
2012-073 (the "Relocation Ordinance"), shall be administered as provided by the Relocation
Ordinance, aside and apart from the transaction contemplated by this Agreement.
�
14, The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Special Warranty Deed and/or Easement.
15, In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the talcing of
any portion of the Property, City may, at its election, terminate this Agreement at any time prior
to Closing.
16, Authority to take any actions that are to be, or may be, talcen by City under this Agreement
and/or Easement, including without limitation, adjusting the Closing Date of this Agreement
and/or the termination date of the Easement, are hereby delegated by City, pursuant to action by
the City Council of Denton, Texas, to Franlc Payne, City Engineer of City, or his designee.
CITY OF DENTON, TEXAS
By:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: , 2012
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Date: , 2012
7
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� °�.,
��
�
�
BY: `
, �- � �: � � �,,�.�-, : � �-��
Date: , 2012
OWNER:
JERRY M. KELSOE
Date: , 2012
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended
from time to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 3 81-1006
Telecopy: (940) 898-0121
I:
Printed Name:
Title:
Contract receipt date: , 2012
7
ATTACHMENT 1
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER' S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF DENTON
.
KNOW ALL MEN BY THESE PRESENTS:
That JERRY M. KELSOE (referred to herein as "Grantor"), not joined by his
spouse due to the Property (as deiined below) comprising no part of the homestead of
Grantor and spouse, for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10,00), and other good and valuable consideration to Grantor in hand paid
by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein
called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufiiciency of
which are hereby acicnowledged and confessed, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee
all the real property in Denton County, Texas being particularly described on Exhibit
"A" and depicted on Exhibit "B", both attached hereto and made a part hereof for all
purposes, and being located in Denton County, Texas, together with any and all rights or
interests of Grantor in and to adjacent streets, alleys and rights of way and together with
all and singular the improvements and iixtures thereon and all other rights and
appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for himself,
his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under
and that may be produced from the Property. Grantor, his heirs, devisees, successors and
assigns shall not have the right to use or access the surface of the Property, in any way,
manner or form, in connection with or related to the reserved oil, gas, and other minerals
and/or related to exploration and/or production of the oil, gas and other minerals reserved
herein, including without limitation, use or access of the surface of the Propei�ty for the
location of any well or drill sites, well bores, whether vertical or any deviation from
ver�tical, water wells, pit areas, seismic activities, tanlcs or tanlc batteries, pipelines, roads,
electricity or other utility infrastructure, and/or for subjacent or laterai suppoi-t for any
surface facilities or well bores, or any other infrastructure or improvement of any icind or
type in connection with or related to the reserved oil, gas and other minerals, and/or
related to the exploration or production of same,
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances that any reasonable extraction, mining or other
exploration and/or production method, operation, process or procedure would consume,
deplete or destroy the surface of the Property; and (ii) all substances which are at or near
the surface of the Property. The intent of the pai�ties hereto is that the meaning of the
term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v.
Wylie, 597 S.W.2d 743 (Tex, 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of iive hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions, if any]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
Page 2 of 3
EXECUTED the day of , 2012.
JERRY M. KELSOE
ACKNOWLEDGMENT
THE STATE OF TEXAS
C• � •
This instrument was acicnowledged before me on , 2012 by
Jerry M. Kelsoe.
Notary Public, State of Texas
My commission expires:
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, TX 76209
Page 3 of 3
Property Tax Bills To:
City of Denton Finance Department
215 E, McKinney Street
Denton, Texas 76201
EXHIBIT A- to Special Warranty Deed
rthur �urveying Co., I r�c.
.Px•o�°�s�zoxs�.Y ��xae� ,Szxrw�,yr�xs
P.O. Box 54 �-- X.ewisville, Tex�s 75067
C7f�ice: (972) 221»9439 �� Fax: (97'�) 221-4675
EXHIBIT "A"
MAYHILL ROAD
RIGHT-OF-WAY
PARCEL M024
0.216 Acre
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number
1469 and being part of that certain tract oi land deseribed by deed to Jerry M. Kelsoe, recorded in Volume 1823,
Page 134 of the Real Property Records of Denton County, Texas (R.P.R,D.C,T.), and being more particularly
described as follows:
BEGTNNING at a"PIC" Nail set in Mayhill Road for the southeast corner of said Kelsoe tract and the not�theast
corner of a tract of land described by deed to Eaz�l Bdwards and wife, Ruth Edwards, recorded in Volume 1546, Page
'775, R,P.R,D.C.T;
THENCE South 80 degrees 18 minutes 15 seconds West, with the south line of said Kelsoe tract and the north line
of said Edwards tract, a distance of 66.55 feet to a 1/2 inch ixon rod with yellow cap stamped "Arthur Surveying
Company" (A,S,C.) set for corner;
TH�NCE North 02 degrees 46 minutes 43 seconds East, over and across said ICelsoe tract, a distance of 178.06 feet
to a 1/2 inch iron rod with yellow cap stamped "A,S,C." set for corner in a northeasterly line of said Kelsoe tract and
a southwesterly right-of-way line of U,S. Highway No, 380;
THENC� South 48 degrees 53 minutes 46 secoiids East, with a southwesterly right-of-way line of said U.S.
Highway No. 380, a distance of 82.56 feet to a"PK" Nail set in said Mayhill Road for corner;
TH�NCE South 02 degrees 40 minutes 2S seconds West, in said Mayhill Road, a distance of 112.49 feet to the
pOINT OF BEGINNING and containing 0.216 acre of land, af which 0.073 acre lies within the existing Mayhill
Road,
ciio�iai-s
Parcei M024
EXHIBIT B- to Special Warranty Deed
N �8o Concrete
Q � Monumen t
� � A Found (C.M.)
� �„�, IGax�ab��`''dthROV�
u ' " � ���
�
� �,_ ,_. — ���;�6,� I.R.S, c�QcP
N
�' ° 0 60
Noah
Volume
� S�� 60 0 3
New Right-of-way 0.143 ac. (6,232 sq, ft.) k ���• ��.,
Existing Implied Dedication 0.073 aa (3,191 sq, ft.) � k�6' �'' SCA�,E: 1" = 60'
�.216 Acre (9,423 sq. ft,) � Bearings shown hereon based on the Ciry of
2 Denton GIS Network.
Right-of-Way a °°�. ��PK" Na�i
Parcel M024 � set
H y �n
�m �N
Jerry M, Kelsoe W� � ^' � ��
L. Tur1^ubiarte M � � '�
2971, Page 177 � �dlume 1823, Page 184 b � N•� �
<F ry, o y " �
' O� b O� U� h
� ° A �' N
B�, Z a �' � � °
'b ~"' `M'" � N
� � O �
I,��� exist1ng building rij
,S,L 31.44' , PK„ �
g� S8�•� g'15� W � gi 5'�� Natl
'� � r tp� "'� LR.S, S8� � Set �a
sso'�,842'�,�, � 66•� o
I wi
F,I,R.
(c.M.)
'�„'
I 'Q�,.
��.
� r
I
��.
Earl Edwards and
wife, Ruth Edwards
Volume 1548, Page 775
�_ �
EXHIB IT "B "
Ma yh�ill Road
Right—of --Way
Parcel M024
0.218 acre in the
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469,
City of Denton
Denton County, Texa�
-- 2011 --
�
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ro
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IN
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(C.M.)
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NOTES;
• T,R.F. = 1/2" rron Rod T'ound
• I.R.S, = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
reon,
. ----
rthur Surveying Co., Inc.
.Prnfessional Land Su.rveyozs
P.O.Box 54 — Lewiaville, Texas 75087
OfPice: (972) 221-9439 Fas: (972) 221-4676
Eatatblished 1988
ATTACIIMENT 2
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Jerry M. Kelsoe (refei�red to herein as "Grantor"), not joined by his spouse due to the
Property (as defined below) comprising no part of the homestead of Grantor and spouse, in
consideration of the sum of Ten and No/100 Dollars ($10,00) and other good and valuable
consideration in hand paid by the City of Denton, Texas, 215 East McKinney Street, Denton,
Texas 76201, receipt and sufficiency of which is hereby acicnowledged, has GRANTED,
BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL
and CONVEY unto the City of Denton, Texas ("Grantee") a temporary construction, grading and
access easement in, along, upon, under, over and across the following described property (the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the M.E.P. &
P.R.R, Co. Survey, Abstract Number 1469, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A"
AND DEPICTED IN EXHIBIT "B", BOTH ATTACHED HERETO AND MADE A PART
HEREOF
It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may
remove from the Property above described, such fences, signage, buildings and other obstructions
as may now be found upon said Property, for the purpose of construction activities, grading
activities and access in, along, upon, under, over and across said Property, It is speciiically
stipulated by Grantor that the scope of the access, construction and grading activities shall include
the clearing and removal of the commercial structure and vegetation and trees that exist within the
Property.
The City of Denton, its agents, employees, contractors, worlcmen, and representatives shall have
the right of ingress, egress and regress in, along, upon, under, over and across said Property for the
puipose of access, construction and grading activities and other activities prescribed herein, or any
part thereo£
The term of this Temporary Construction, Grading and Access Agreement shall commence on the
date of the execution hereof by Grantor and terminate one (1) year after such date.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness my hand, this the
GRANTOR:
By:
Jerry M, Kelsoe
THE STATE OF TEXAS
COUNTY OF
day of
�
��
Date:
ACKNOWLEDGMENT
This instrument was acicnowledged before me on
2012.
2012.
2012, by Jerry M. Kelsoe.
Notary Public, in and for the State of Texas
My Commission Expires;
2
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012-�.
:
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
EXHIBIT A- to Temporary Con'struction, Grading and Access Easement
� rthur Surveying Co., Inc.
.�"xa�.�"���.i�za��.P ..��� .�x�x°��,g--�nxs,�'
P.O. IIo� 5� ^� Lewisville, Tezfls 750G7
ht�'icc: (972) 221-9439 -� P'aa: (972) 221-4675
E�IIBIT 6GA"
60' TEMPORARY'
COI�STRUCTIOIV EASEM�I�1T
O.1.52 Acre
City o�'Dernton, Denton Co�unt�,'i'�xa�
B��IVG all that certani lot, tract or parcel of land situated in the M.E.P. & P.R.R, Co, Survey, Absh�act Number
1469 and beulg part of that certain tract of land described by deed to Jerry M. Kelsoe, recorded in Volume 1823,
Page 134 of the Real Property Records of Denton County, Texas (R.P,R.D.C,T.), and Uein� more pai�ticularly
described as follows:
COMMENCIIV'G at a"PIC" Nail set in Mayhill Road foz� the southeast cot�ner of said Kelsoe tract and the noitheast
corner of a tract of land deseribed by deed to Earl Edwards and wi�e, Ruth Edwards, recorded in Volume 1�546, Page
'775, R,P.R,D,C.T.; .
TH�NCE South 80 degrees 18 minutes 15 seconds West, with the south liile of said ICelsoe tract and the nox�th line
of said Edwards tract, a distance of 66.55 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Stu•veying
Company" (A.S,C.) set for the POT1mtT OF BEGI1mTNING;
'I'HE1vTCE South 80 degrees 18 minutes 15 seconds West, continuing with the south line of said Kelsoe tractand the
noi�th line of said Edwards hact, a distance of 107.32 feet to a point for the southwest corner of said Kelsoe tract and
the southeast corner of a tract of land described by deed to Noah L. 'I'urrubiarte, recoz'ded in Voluziie 2971, Page
17'1, R.P.R.D.C.T., and being in the north line of said Edwa��ds tract;
THE1�iCE North 02 degrees 46 minutes 16 seconds West, with the west line of said Kelsoe tract and the east line of
said Turiubia��te t�•act, a distance of 60,44 feet to a point fo�� corne�•;
TH�1mTCE North 80 degrees 18 minutes 15 seconds �ast, over and across said T�elsoe tract, a distance of 113.31 feet
to a point for corner;
'I'HE1�tCE South 02 degrees 46 minutes 43 secoiids West, over and aeross said 1Celsoe tract, a distance of 61,45 feet
to the FOIIVTT OF BEGI101I01IP1G and containing 0.152 acre of land, more or less.
C1107131-40
Parcel M024
Easement
EXHIBIT B- to Temporary Construction, Grading and Access Easement
� ��o Concrete
�, Monumen t
� '� �. Found (C.M,)
S �,�a� ab�widthROV� � .�
� � ° "�•
s
.,.. � A2 `iR �
. /'�- �9 �'%y
� I ��
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. � ���� N �
�
���� !L
Noah L, Turrubiarte ,� derry M. Kelsoe M
Volume 29'ii, Page 177 � ; �
Volume 1823, Page 134 �� �
�E��' N
�v � Z� Proposed 0
R(gh t—of—Way
��q Parcel M024
�J� I�j$0°��0�� �'�.3�� �
� �
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� � �o
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�,� � �°o I �ori�tC (6 619��.• �'s .;:'s � sso'�'
�----� g0° � 1�'� 107.32' ss
�i'� ss°°� �2' W � � �8' �
Set
9 �
F.1, R. �
(C. M..) '
�
Ps � • �e �
Earl Edwards and
wife,' Ruth Edwa�ds
Volume 1646, Page 775
.�--'��
EX�II� I`T r v� v r
Parcel �VI02�
60 � T'emporary
Con�tr°�.�tlon Eas�r.�er'.t
0.25� �cre in �h�
�r.�.�, � �.�e�, ��. s�����,
A�str�ct N�xm.ber 1469,
�i$�r of .�erYtorx
Der�t�n Co�a..n.t�, Tex��
-- 2012 --
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(C.M�)
� — g80•�g��5"W
30.99
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60 0 30 60
SCALE; 1" = GO'
Bearings shown l�ereon based on tlie City of
Dentou GIS Network.
�
�'a x°
b
�
m
�
�
NOTES:
• T.R.P. =1/2° Irou Rod Fouud
• I.R.S, = 1/2" Iron Kod Set with
yellow cap staniped "Arthur
Surveying Company"
v Implied lledicatiou = apparent
prescriptive right-of-way,
ereon.
u� � �
� rfihur Surveyin� Coo, Inc.
�Fessiaa�l.Y_,end Sa�e,y�a�
P.O,Bou 64 — Latvlsvalle, Texaa 75067
Office: (972) 221-9439 Fax: (972) 221-4876
Estatbli�hed 1986
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
Consider appointments to Council committees.
BACKGROUND
Council will be discussing appointments to Council comnuttees during the Work Session on
August 7, 2012. Changes made during the Work Session will be provided to Council prior to
approval.
If you require any further information, please let me lcnow.
Respectfully subnutted:
Jennifer Walters
City Secretary
S:ACin� Secretai���Boards & Comm\AIS for Council Committees-IC.doc
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 ����'
SUBJECT
Consider adoption of an ordinance authorizing the execution of a Purchase Agreement (herein so
called), as attached hereto and made a part hereof as Exhibit "A", by and between John Staples
Shocldey, as independent executor of the Estate of Eliza T. Shocldey, Deceased, as Owner, and
the City of Denton, Texas, as Buyer, regarding the sale and purchase of (I) fee simple to a 0.74
acre tract; (II) a utility and slope easement encumbering a 0.13 acre tract; (III) a slope easement
encumbering a 0.01 acre tract; and (IV) a temporary constniction, grading and access easement
encumbering a 0.01 acre tract, all tracts located in the A. Tomplcins Survey, Abstract Number
1246, City of Denton, Denton County, Texas, as more particularly described in the Purchase
Agreement, located generally in the 1800 blocic of South Bonnie Brae Street (the "Property
Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street
and roadway, for the purchase price of One Hundred Sixty One Thousand Nine Hundred Seven
Dollars and No Cents ($161,907.00), and other consideration, as prescribed in the Purchase
Agreement; authorizing the expenditure of funds therefor; and providing an effective date.
(Bonnie Brae Widening and Improvements proj ect — Parcel 15)
BACKGROUND
The City Council considered and approved an initial offer to purchase the captioned land rights
on June 5, 2012, for the purchase price of $161,907.00
At the time of the creation of the Offer to Purchase document pacicage, the record title to the
parent tract affected by the road widening proj ect was shown to be vested in Eliza T. Shocldey.
Upon mail-out of the Offer to Purchase to the record property owner's address, Mrs. Shocldey's
son, John Staples, contacted Randy Spear, Crossland Acquisition, Inc., and related that his
mother passed away November 16, 2010, in South Carolina. He further stated that his mother's
will was probated in South Carolina. Research indicates that there were no filings in Denton
County, Texas in regards to the Estate of Eliza T. Shocldey.
The necessary probate court documents have now been filed in Denton County, evidencing the
ownership of the parent tract affected by the proj ect vesting in John Staples Shocldey, as
independent executor of the Estate of Eliza T. Shocldey, Deceased. Mr. Shocldey has accepted
the City's offer to purchase the land rights necessary for the road project.
Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase
transaction with the property owner, Mr. Shocldey.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
June 5, 2012 (initial offer to purchase Ordinance 2012-130)
FISCAL INFORMATION
The overall Bonnie Brae Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP `08) funds and City of Denton local match funds. The purchase
offer price of $161,907.00 plus closing costs as prescribed in the Agreement are to be funded
through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
Prepared by,
� r
� ������
Paul Williamson,
Real Estate Manager
Respectfully subnutted,
������
�
Franlc G. Payne, P.E.
City Engineer
�ocation Map SHOCKLEY - P15
EXHIBIT 1 attachment to AIS Bonnie Brae Widening and Improvements
EXHIBIT 2 attachment to AIS
s:\legal\our documents\ordinances\12�Shockley acquisitiov ordinance 2.doc
ORDINANCE NO. 2012-
AN ORDINANCE AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT
(HEREIN SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS
EXHIBIT "A", BY AND BETWEEN JOHN STAPLES SHOCKLEY, AS INDEPENDENT
EXECUTOR OF THE ESTATE OF ELIZA T. SHOCKLEY, DECEASED, AS OWNER, AND
THE CITY OF DENTON, TEXAS, AS BUYER, REGARDING THE SALE AND PURCHASE
OF (I) FEE SIMPLE TO A 0.74 ACRE TRACT; (II) A UTILITY AND SLOPE EASEMENT
ENCUMBERING A 0.13 ACRE TRACT; (III) A SLOPE EASEMENT ENCUMBERING A
0.01 ACRE TRACT; AND (IV) A TEMPORARY CONSTRUCTION, GRADING AND
ACCESS EASEMENT ENCUMBERING A 0.01 ACRE TRACT, ALL TRACTS LOCATED
IN THE A. TOMPKINS SURVEY, ABSTRACT NO. 1246, CITY OF DENTON, DENTON
COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE PURCHASE
AGREEMENT, LOCATED GENERALLY IN THE 1800 BLOCK OF SOUTH BONNIE
BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF
EXPANDING AND IMPROVING BONNIE BRAE STREET, A MUNICIPAL STREET AND
ROADWAY, FOR THE PURCHASE PRICE OF ONE HUNDRED SIXTY ONE THOUSAND,
N1NE HUNDRED SEVEN DOLLARS AND NO CENTS ($161,907.00), AND OTHER
CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") made an Initial Offer (herein so called) to Eliza
T. Shocicley to purchase the Property Interests, pursuant to Ordinance No, 2012-130, passed and
approved by the City Council of the City of Denton on June 5, 2012;
WHEREAS, Eliza T. Shocicley, the record title owner of the Property Interests, was
deceased at the time the City made the Initial Offer;
WHEREAS, the true owner of the tract affected by the proposed purchase of the Property
Interests has now been determined to be John Staples Shocicley, as Independent Executor of the
Estate of Eliza T. Shocicley, Deceased; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1, The City Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Propei�ty Interests by the City. The
City Council hereby finds and determines that the acquisition of the Property Interests is
necessary for public use to provide street and roadway expansion and improvements to serve the
public and citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized (a) to execute for
and on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A", with a purchase price of
$161,907,00 and other consideration, plus costs and expenses, all as prescribed in the Purchase
Agreement; and (ii) any other documents necessary for closing the transaction contemplated by
the Purchase Agreement; and (b) to malce expenditures in accordance with the terms of the
Purchase Agreement.
SECTION 3, If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect,
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012,
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�lt
�' i _ �e
� p � �
. �By• .i , ?._ .._.�} �R: . r,„ .. -
EXHIBIT "A"
TO
ORDINANCE
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), AAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) I�EEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated ,
2012, but effective as of the date provided below, between John Staples Shocicley, as
Independent Executor of the Estate of Eliza T, Shockley, Deceased (referred to herein as
"Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, John Staples Shocicley, as Independent Executor of the Estate of Eliza T,
Shocicley, Deceased, is the Owner of a tract of land (the "Land") in the A. Tompkins Survey,
Abstract Number 1246, being affected by the public improvement project called the Bonnie Brae
Road Widening and Improvements Project ("Project"); and
WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii)
easements in, along, over, upon, under and across, a portion of the Land, each related to the
Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for Ten and No/100 Dollars ($10,00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acicnowledged, the parties agree as
follows:
l. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so cailed), conveying to the City, subject to the reservations described
below, the tract of land being described in Exhibit "A" to that certain Special Warranty Deed,
and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being
attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Slope Easement (herein
so called), in, along, upon, under, over and across the tract of land being described in Exhibit
"A" to that certain Utility and Slope Easement (the "Utility and Slope Easement Lands"),
attached hereto as Attachment 2 and made a part hereof, for utility and slope purposes, as more
particularly described therein; (iii) a Slope Easement (herein so called), in, along, upon, under,
over and across the tract of land being described in Exhibit "A" to that certain Slope Easement
(the "Siope Easement Lands"), attached hereto as Attachment 3 and made a part hereof, for slope
purposes, as more particularly described therein; and (iv) a Temporary Construction, Grading
and Access Easement (the "Temporary Easement"), in, along, upon, under, over and across the
tract of land being described in Exhibit "A" to that certain Temporary Construction, Grading and
Access Easement (the "Temporary Easement Lands"), attached hereto as Attachment 4 and made
a part hereof, for temporary construction, grading and access purposes, as more pai�ticularly
described therein (the Utility and Slope Easement Lands, the Slope Easement Lands and the
Temporary Easement Lands are collectively referred to herein as the "Easement Lands"),
The (i) Special Warranty Deed shail be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1"; (ii) the Utility and Slope Easement shall be in the form
and upon the terms as attached hereto and incorporated herein as Attachment 2; (iii) the Slope
Easement shall be in the form and upon the terms as attached hereto as Attachment 3; and (iv)
the Temporary Easement shall be in the form and upon the terms as attached hereto and
incorporated herein as Attachment 4(the Utility and Slope Easement, the Slope Easement and
the Temporary Easement are collectively referred to herein as the `Basements") (the Fee Lands
and the Easements are collectively referred to herein as the "Property").
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for himself,
his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and
�
that may be produced from the Fee Lands. Owner, his heirs, devisees, successors and assigns,
shall not have the right to use or access the surface of the Fee Lands, in any way, manner or
form, in connection with or related to the reserved oil, gas, and other minerals and/or related to
exploration and/or production of the oil, gas and other minerals reserved herein, including
without limitation, use or access of the surface of the Fee Lands for the location of any well or
drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas,
seismic activities, tanlcs or tanlc batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or
any other infrastructure or improvement of any kind or type in connection with or related to the
reserved oil, gas and other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and
shall exclude (i) all substances (except oil and gas) that any reasonable extraction, mining or
other exploration and/or production method, operation, process or procedure would consume,
deplete or destroy the surface of the Fee Lands; and (ii) all substances (except oil and gas) which
are at or near the surface of the Fee Lands. The intent of the parties hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie,
597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Fee Lands and the Easements to the
City, the City shall pay to Owner at Closing the sum of One Hundred Sixty One Thousand Nine
Hundred and Seven and No/100 Dollars ($161,907.00). The monetary compensation prescribed
in this Section 2 is herein referred to as the "Total Monetary Compensation".
3. In addition to the Total Monetary Compensation, and being a component part of the Project,
the City shall reconstruct, at its sole cost and expense, that area of Owner's driveway within the
Easement Lands. The driveway shall be reconstructed in a worlcmanlilce manner, using materials
3
comparable to that of the existing driveway materials found. Any private service lines or
irrigation lines situated within the Easement Lands and affected by the Project, shall either be
repaired or rearranged, at the sole cost and expense of the City, as field conditions warrant. The
worlc prescribed in this Section 3 is herein referred to as the "Driveway Work".
4. The Owner shall convey and grant to the City the Fee Lands and the Easements free and
clear of all debts, liens and other encumbrances (the "Encumbrances"). The Owner shall assist
and support satisfaction of all closing requirements of the City in relation to solicitation of
releases or subordinations of the Encumbrances and other curative efforts affecting the Fee
Lands and/or Easement Lands, if necessary in the discretion of the City. In the event that all
Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a
default hereunder, although Owner may otherwise be in default under Section 11, below,
However, if the Encumbrances are not cured as provided herein, City has the option of either (i)
waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this
Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter
event Owner and City shall have no further obligations under this Agreement.
5. Owner stipulates that the Total Monetary Compensation payment and the Driveway Worlc
constitute and include all compensation due Owner by City related to the Project, including
without limitation, any damage to or diminution in the value of the remainder of Owner's
property caused by, incident to, or related to the Project, value of, damage to and/or costs of
repair, replacement and/or relocation of any improvements, garages, turf, landscape, vegetation,
or any other structure or facility of any kind within the Easement Lands and/or Fee Lands related
to activities conducted pursuant to the Easements or City ownership of the Fee Lands,
interference with Owner's activities on the Easement Lands or other property interests of Owner,
caused by or related to activities related to the Easements, whether accruing now or hereafter,
and Owner hereby releases for himself, his heirs, devisees, successors and assigns, the City, it's
officers, employees, elected officials, agents and contractors from and against any and all claims
it may have now or in the future, related to the herein described matters, events and/or damages.
4
6. The Closing (herein so called) shall occur in and through the office of Universal Title
Agency, LLC, d/b/a Universal Land Title of Texas, 2650 Bardin Road, Suite 101, Grand Prairie,
Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date
which is 90 days after the Effective Date, unless the Owner and the City mutually agree, in
writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described
above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the
next resulting business day,
7.A. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing
to the Owner through the Title Company, Ad valorem taxes relating to the Fee Lands for the
calendar year in which Closing shall occur shall be prorated between Owner and City as of the
Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is
not known as of the Closing Date, the proration shall be based on the amount of taxes due and
payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in
cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which
Closing shall occur is known. The result of such proration is that the Owner shall pay for those
taxes attributable to the period of time prior to the Closing Date (including, but not limited to,
subsequent assessments for prior years due to change of land usage or ownership occurring prior
to Closing) and City shall pay for those taxes attributable to the period commencing as of the
Closing Date, Except as expressly provided otherwise herein, all other typical, customary and
standard closing costs associated with this transaction shall be paid specifically by the City,
except for Owner's attorney's fees, if any, which shall be paid by Owner.
7.B. Owner shall pay to Jay West at Closing, out of the Total Monetary Compensation, six
percent (6%) of the Total Monetary Compensation.
8. The date on which this Agreement is executed by the City shall be the "Effective Date" of
this Agreement.
5
9,A. In the event Owner shall default in the performance of any covenant or term provided
herein, and such default shall be continuing after ten (10) days written notice of default and
opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity
or otherwise, including without limitation, the remedy of specific performance.
B. In the event City shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity
to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to
Closing by written notice of such election to City; or (ii) enforce specific performance of this
Agreement.
10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE 1N
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
11. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; (ii) enter
into any Agreement that will be binding upon the Fee Lands or Easement Lands, less and except
the Temporary Easement Lands, or upon the Owner with respect to the Fee Lands or Easement
Lands, less and except the Temporary Easement Lands, after the date of Closing; or (iii) enter
into any agreement that will be binding on the Temporary Easement Lands, or upon Owner with
respect to the Temporary Easement Lands, prior to the termination of the Temporary Easement.
12. Owner represents all warrants to City that he has the full right, power and authority to sell
and convey the Property as provided in this Agreement and to carry out Owner's obligations
hereunder.
13. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall
be delivered by telephonic facsimile, hand delivery or by United States Maii, as described herein,
[�
and shall be deemed delivered and received upon the earlier to occur of (a) the date provided if
hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a
regularly maintained receptacle for the United States Mail, registered or cei�tified, return receipt
requested, postage prepaid, addressed as follows:
OWNER:
John Staples Shockley, as
Independent Executor of the
Estate of Eliza T. Shocicley, Deceased
Phone_
Telecopy
Copies to:
For Owner:
Telecopy;
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Suppor�t
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Citv:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E, McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
14. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement, Time is of the essence with respect to this Agreement.
15, The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deed and/or Easements.
16. In the event prior to the Ciosing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the talcing of
any portion of the Property, City may, at its election, terminate this Agreement at any time prior
to Closing.
7
17. Authority to take any actions that are to be, or may be, talcen by City under this Agreement
and/or Easements, including without limitation, adjusting the Closing Date of this Agreement
and/or the termination date of the Temporary Easement, are hereby delegated by City, pursuant
to action by the City Council of Denton, Texas, to Franlc Payne, City Engineer of City, or his
designee.
CITY OF DENTON, TEXAS
:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: , 2012
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
Date:
2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�..
�� j�? � � �
BY: e,;'�, � �w.._W � , � �. ,�
Date:
2012
OWNER:
JOHN STAPLES SHOCKLEY, AS INDEPENDENT
EXECUTOR OF THE ESTATE OF ELIZA T. SHOCKLEY,
DECEASED
Date;
�
2012
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended
from time to time, and as further set foi�th in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Universal Title Agency, LLC
d/b/a Universal Land Title of Texas
2650 Bardin Road, Suite 101
Grand Prairie, Texas 75052
Telephone: (972) 206-7570
Telecopy; (972) 206-2870
C
Printed Name:
Title;
Contract receipt date: , 2012
�
ATTACHMENT 1
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF DENTON
.
KNOW ALL MEN BY THESE PRESENTS:
That JOHN STAPLES SHOCKLEY, AS INDEPENDENT EXECUTOR OF THE
ESTATE OF ELIZA T. SHOCKLEY, DECEASED (herein called "Grantor"), for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and
valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a
Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney,
Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas being particularly described in Exhibit "A", attached hereto and made a part hereof
for all purposes, and being located in Denton County, Texas, together with any and all
rights or interests of Grantor in and to adjacent streets, alleys and rights of way and
together with all and singular the improvements and fixtures thereon and all other rights
and appurtenances thereto (collectively, the "Property"),
Grantor, subject to the limitation of such reservation made herein, reserves, for himself,
his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under
and that may be produced from the Property. Grantor, his heirs, devisees, successors and
assigns shall not have the right to use or access the surface of the Property, in any way,
manner or form, in connection with or related to the reserved oil, gas, and other minerals
and/or related to exploration and/or production of the oil, gas and other minerals reserved
herein, including without limitation, use or access of the surface of the Property for the
location of any well or drill sites, well bores, whether vertical or any deviation from
vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads,
electricity or other utility infrastructure, and/or for subjacent or lateral support for any
surface facilities or well bores, or any other infrastructure or improvement of any lcind or
type in connection with or related to the reserved oil, gas and other minerais, and/or
related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances (except oil and gas) that any reasonable extraction,
mining or other exploration and/or production method, operation, process or procedure
would consume, deplete or destroy the surface of the Property; and (ii) all substances
(except oil and gas) which are at or near the surface of the Property. The intent of the
par�ties hereto is that the meaning of the term "minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S, W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the sut•face
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any pai�t thereof, by, through or under Grantor, but not
Page 2 of 3
otherwise,
EXECUTED the
THE STATE OF
COUNTY OF
day of
��
0
2012.
JOHN STAPLES SHOCKLEY, AS
INDEPENDENT EXECUTOR OF THE
ESTATE OF ELIZA T. SHOCKLEY,
DECEASED
ACKNOWLEDGMENT
This instrument was acicnowledged before me on ,
2012 by John Staples Shocicley, as Independent Executor of the Estate of Eliza T.
Shockley, Deceased.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
Notary Public, State of Texas
My commission expires:
Property Tax Bills To:
City of Denton Finance Department
215 E, McKinney Street
Denton, Texas 76201
EXHIBIT "A" - Page 1 of 3
PAGE 1 OF 3 � , . EOTNT• QF .. . ..
; $F,GcINMNG ffILI,O'R'iS'OOA� STREET
� • (VARIABLE WIDTN R.O.W;),;
' ,..'FNO 3/8' I_?N�9'�5' 41"E 29J.63'
j � . . �+•
' �'� N89 '38' 03"W S86 ' 16' 36'� W I
1820-1822 BONNIE BRAE ' �� 140 . 00 ' 107 . a�
SCOTAT BR WN ; I� SE7 f/2 " I.R. SET 1/2 " I.R. I
INST. N0, 97-R0047097 � •��, ' y1/6AT CAP
o.R.o.c.T. ` W/GAI CAP
; � ; S45'21'S7"W .
i ;.' 21.21'
, � �.
"— , ,�'' � SET i/2 " I.R,
ACCE59 E6Hi� , �,� . .!. „ W/GAI CAP .
---� ---�--r '�. ...'
� . . •.
BERNICE K, JONES 6
ROBERT W. JONES
VOL, 773, PG. 63
D.R,O.C.7.
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2315 WILLOWWOOD 57.
ELTZA T, SHOCKLEY
INST. ND. 2005-74299
D,R.D.C,7,
6 I
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BASIS OF BEARING IS
aF 1983 (NAD-83) STA
IRON PIPE SYSTEM, TEXAS NORTH
/G I CAP R
\ ' S8g •59 � 11"W ' 5841 S, BONNIE 9RAE
� SBI� '�'j('j � [(6"� � , lOT 1, BLOCK !
�c4.KJ2' � 1gD�� 5WERETNCREEK A� IT ON,
CpO. M, PG. 00
P.R.O.C.T. •
AP TO
NOTE: SE7 1/2 I.R, W/ GAI C pi5—'RQw'"1
8E 5ET AT END OF CONSTRUCTION.
BEING A
32,352 SQ.FT./0.'74 ACRE
RrGHT—OF—WAY DEDICATION
SITUATED IN THE A. TOMPKINS SURVEY,
) 1/2."
I,R.
—SQO '51' 43"W
6.80'
SE W�GAI 'CAP p �
a2z5 wi�oww000 sr
JD V0� N 46fORL PG 5 174Li AN
�.R,O.C.T.
AMERICAN DATUM
NE COORDTNATE
� ABSTRACT N0. 1246� GRAPHIC SCALE ���1ao�
Graham Associates,inc. DENTON C�UNTY, TEXAS p 50 100 150
. CaNSULTING ENGINEERS dc PLANNERS
60D SIX FUCS OHIVE. SUITE 500
uxuHCm+, tflc�.s �em+ cs� a4o-esas DATE: SEPTEMBER 2011
7gpE FVW: F-itOijiHPtS Fl tassa-oo
_ . J/Denton/Pi5-ROW-1
Paga2of3
PARCEL 15-ROW-1
LEGAL DESCRI�'TION
RIGT�T-OF-WAY DEDICATION
EXIiIBIT "A" - Page 2 of 3
BELNG a 0.74 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas, being a portiori of a tract oi land conveyed to Eliza T. Shockley
as recorded in Tnstrument No. 2005-74299, Deed Records, Denton County, Texas and
being more particularly described by mates and bounds as follows:
BEGINNING at a found 3/8 inch. iron rod, said point being the northwest corner of said
Shockley tract, and being the intersection of existing east right-of-way line of Bonnie
Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of
Willowwood Street (having a variable�width R,O.W.);
THENCE North 89°35'41" East, leaving said existing east right-of-way line and along
said existing south right-of-way line,. a distance of 299.63 feet to a found 1/2 inch iron
rod for corner, said point being the northeast corner of said Shockley tract, and the
northwest corner of a tract of land conveyed to Joel and Marlea Steelman as recorded in
Volume 4610, Page 1741, Deed Records, Denton County, Texas, being a common line;
THENCE South 00°51'43" West, leaving sazd existzng south rigl�it-of-way line and along
said common line, a distance of 6.80 feet to a set 1/2 inch iron rod with GAI cap for
coz�ner, said point being in the proposed south right-of-way line of Willowwood Street
(having a variable width R.O.W.);
THENCE South 86°16'36" West, leaving �said common line and along said proposed
south right-of-way line, a distance of 107.81 feet to a set 1/2 inch iron rod with GAI cap
for corner;
THENCE North 89°38'03" West, continuing along said proposed south right-of-way line,
a distance of 140.00 feet to a set 1/2 inch iron rod with GAI cap for corner, said point
being the most northerly point of a corner-clip;
THENCE South 45°21'S7" West, leaving said proposed south right-of way line and along
said corner-clip, a dzstance of 21.21 feet to a set 1/2 inch iron rod with GAI cap for
corner, said point being in the proposed east right-of-way line of Bonnie Brae Street
(having a variable vvidth R.O,W.);
THENCE South 00°21'S7" West, leaving said corner-clip and along said proposed east
right-of-way line, a distance of 700.31 feet to a set 1/2 inch iron. rod with GAI cap for
corner, said point bezng in the south line of said.Shockley tract, and being in the nor�h
luie of Lot 1, Block l, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat
Records, Denton County, Texas, being a common line; �
EXHIBIT "A" - Page 3 of 3
Page 3 of 3
THENCE South 89°59'l l." West, along said common line, a distance of 19,21 feet to a
found iron pipe for corner, said point being the northwest corner of said Lotl, Block 1;
THENCE South 89°56'46" West, continuing along south line of said Shockley tract, a
distance o� 24.52 feet to a point for corner, said point being the southwest corner of said
Shockley tract and being in the existing east right-of-way line of said Bonnie Brae Street;
THENCE North 00°53'43" East, along said e7cisting east right-of-way line, a distance of
726.10 feet to the PO1NT OF BEGINNING and CONTAINING 32,352 square feet, 0.74
acres of land, more or less.
�
� p�,is�ya� �
ATTACHMENT 2
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
UTILITY AND SLOPE EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT John Staples Shocicley, as Independent Executor of the Estate of Eliza T. Shocicley,
Deceased ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration in hand paid by the City of Denton, Texas, 215 E, McKinney
Street, Denton, Texas 76201, receipt and sufficiency of which is hereby acknowledged, has
GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT,
BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual utility
and slope easement in, along, upon, under, over and across the following described property (the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the A.
Tompkins Survey, Abstract Number 1246, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining utilities and lateral slope, and related facilities and appurtenances, in, along, upon,
under, over and across said Property, including without limitation, the free and interrupted use,
liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across
the Property to Grantee herein, its agents, employees, contractors, workmen and representatives,
for the purposes set forth herein, including without limitation, the malcing additions to,
improvements on and repairs to said facilities and/or lateral slope features or grade or any part
thereof.
This Easement is subject to the following covenants and agreements:
1, Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any lcind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Fui�ther, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any lcind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to malce use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
�
Witness my hand, this the _ day of , 2012.
Grantor;
John Staples Shocicley, as Independent Executor
of the Estate of Eliza T. Shocicley, Deceased
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acicnowledged before me on , 2012, by
John Staples Shocicley, as Independent Executor of the Estate of Eliza T, Shocicley, Deceased.
Notary Public, in and for the State of Texas
My Commission Expires:
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012- ).
C
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn; Paul Wiiliamson
3
� PAGE 1 OF 2
EXHIBIT "A" - Page 1 of 2
_ �`^ PDI�, _0 • � ��._......._.."""_., ."""'
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-- --' FN� 3/a' T.R (VARTABLE WT�TH R.0 �)
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555'07'24
44.92'
1820-]822 BONNIE BRAE
TRACT 19
5COTT 6ROWN
INST. ND. 97-R0047�97
D.R.D.C.T.
._� -r/' t .
—. — ,— ACLE59 E917� `� JI f�r�
� ROBERT W� JJONES 6
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2315 WILLOWWODD ST.
ELIZA 7, SHDCKLEY
TNST, N0. 2005-74299
D.R,D.C.T.
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2225 WILLOWWOOD 5T
JO VOL N 461D,L PG 5�741MAN
o.R.�.c.r.
BASIS OF BEARING I5 NORTH AMERICAN OA7UM
aF i9e3 (NAD-83) STATE PLANE cDORDINATE
SYSTEM, TEXAS NORTH CENTRAI..
\ , f�--SBg •59' 11"W ]B41 5� BONNIE BRAE
� `. — � LOT 1, BLOCK S,
\ i , I 8. OO � OREN & RUTH 7H�MA5
� , `� ` Tr)'yTr-"---`--- SWEE7 CREEK ADDITION,
V . CAB. M, PG. 80
P 15 -USE- i P•R.�.C.7.
� . BEING A
� 5,634 SQ.FT./�.13 ACRE �
. UTILITY & SL4PE EASEMENT
STTUATED IN THE A. T�MPKINS SURVEY,
ABSTRACT N0. 1246� GRAPHIC SCAIE ��-100�
DENTON COUNTY, TEXAS
^ Graham Associates,lnc. 0 50 �oo �50
� CONSULTING ENGINEERS k' PLANNERS
��y'j eoa sx tucs �ra�, sui�re cao
�a, ,��,oK, mc,ts �emt tat» wo-asss DA7E: SEPTEMBER 2011
TBPE FlFtGk F-tivt/TBt'LS FlRf.k 101536-DO
J/Denton/P15—USE—i
Page 2 of 2
P.ARCEL 15-USE-1
LEGAL DESCRTPTION
UTILITY & SLOPE EASEMENT
EXHIBIT "A" - Page 2 of 2
BETNG a 0.13 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas, being a portion af a tract of Iand conveyed to Eliza T. Shockley
as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas and
being more particularly described by metes and bounds as follows:
COMMENCING at a found 3/8 inch iron rod, said point being the northwest corner of
said Shockley tract, and being tha intersection of existing east right-of-way line of Bonnie
Brae Street (having a vaxiable vvidth R.O.W.), and the existing south right-of-way line of
Willowwood St�eet (having a variable width. R.O.W.);
THENCE South 55°07'24" East, leaving said intersection, a distance of 44.92 feet to a
point for the POINT OF BEGINNING, said point in the proposed east right-of-way line
of Bonnie Brae Street (having a variable width R.O.W,), and being the most southerly
point of a corner-clip;
THENCE North 45°21'S7" East, leaving said proposed east right-of-way line and along
said corner-clip, a distance of 11.31 feet to a point for corner; �
THENCE South 00°21'S7" West, leaving said corner-clip, a distance of 708.26 feet to a
point for corner, said point being in the south line of said Shockley tract, and being in the
north line of Lot 1, Block l, Svveet Creek Addition, as recorded in Cabinet M, Page 80,
Plat Records, Denton County, Texas, being a common line;
THENCE South 89°59'11" West, along said common line, a distance of 8.00 feet to a
point for corner, said point being in the proposed east right-of-way line of said Bonnie
Brae Street;
THENCE North 00°21'S7" East, leaving said common line and along said proposed east
right-of-way line, a distance of 700.31 feet to the POINT OF BEGINNING and
CONTAINING 5,634 square feet, 0.13 acres of land, more or less.
�5-� �- �-- --
ATTACHMENT 3
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SLOPE EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT John Staples Shocicley, as Independent Executor of the Estate of Eliza T, Shocicley,
Deceased ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration in hand paid by the City of Denton, Texas, 215 E. McKinney
Street, Denton, Texas 76201, receipt and sufficiency of which is hereby acknowledged, has
GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT,
BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual slope
easement in, along, upon, under, over and across the following described propei�ty (the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the A.
Tomplcins Survey, Abstract Number 1246, to wit;
PROPERTY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining lateral slope in, along, upon, under, over and across said Property, including without
limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times
in, along, upon, under, over and across the Property to Grantee herein, its agents, employees,
contractors, worlcmen and representatives, for the purposes set forth herein, including without
limitation, the malcing additions to, improvements on and repairs to said lateral slope features or
grade or any part thereof.
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any lcind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acicnowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope, No activity, of any lcind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material,
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way,
4. Trees and Landscaping. No shrub or tree shall be planted upon the Propei�ty or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to malce use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns,
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness our hands, this the day of , 2012.
0
Grantor:
John Staples Shocicley, as Independent Executor
of the Estate of Eliza T. Shocicley, Deceased
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acicnowledged before me on , 2012, by
John Staples Shocicley, as Independent Executor of the Estate of Eliza T. Shocicley, Deceased.
Notary Public, in and for the State of Texas
My Commission Expires,
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012- ).
C
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
3
J
PAGE i DF" 2
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EXHIBIT "A" - Page 1 of 2
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N89 '38' 03"W �—S00 '21' 57"W
90.00' 5.00'
2315 WILLOWWOOD 5T,
ELTZA 7. SHOCKLEY
INST. ND, 2005-74299
D.R.D.C.T.
�
z2z5 wi��oww000 sr
JDEL AN� HARLEA STEELMAN
V�L. 4670, PG, f741
O.R.�.C.T.
BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COOR�INATE
SYSTEM, TEXAS NORTH CEN7RAL.
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P15—SE-1
BETNG A
437 SQ.FT./0.01 ACRE
SLOPE EASEMENT
SITUATED IN � THE A. TOMPKINS
ABSTRACT N0. 1246,
Graham Associates,lnc. DENT�N COUNTY, TEXAS
. CONSULTING ENGINEERS k PU,NNERS
aoa sx rucs orave. snT� aoo
/+RLINGTON, iIXtiS 7eo11 (81» 648-8555
re� Flruw v-ttw/re�ts t� trn�a-oa
SURVEY, �
GRAPHIC SCALE 1'�100'
0 50 100 150
OA7E; SEPTEMBER 2011
J/Denton/P15-SE-i
Page2of2
PARCEL 15-5E-1
LEGAL DESCRTPTION
SLOI'E EASEMENT
EXHIBIT "A" - Page 2 of 2
BEING a 0.01 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas; being a portion o£ a tract of land conveyed io Eliza T. Shockley
as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas and
being more particularly described by metes and bounds as follows:
COMMENCING at a found 3/8 inch iron rod, said point being the northwest corner of
said Shockley tract, and being the intersectior� of existing east right-of-way line of Bonnie
Brae Street (having a vaziable width R.O.W.), and the existing south right-of-way line of
Willowwood Street (having a variable width R.O.W.);
THENCE South 78°16'25" East, leaving said intersection, a distance of 53.06 feet to a
point for the POINT OF BEGINNING, said point in the proposed south right-of-way line
of Willowwood Street (having a variable width R.O,W.), and the most northerly point of
a corner-clip; '
THENCE South 89°38'03" East, along said proposed south right-of-way line, a distance
of 85.00 feet to a point for corner;
THENCE 5outh 00°21'S7" West, leaving said proposed right-of-way line, a distance of
5.00 feet to a point for corner; .
THENCE North 89°38'03" West, a distance of 90.00 feet to a point for corner, said point
being in said proposed corner-cli�; �
THENCE North 45°21'S7" East, along said proposed corner-clip, a distance of 7.07 feet
to the POINT OF BEGINNING and CONTAINING 437 square feet, 0.01 acres of land,
more or less.
03�� s— �""
ATTACHMENT 4
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT John Staples Shockley, as Independent Executor of the Estate of Eliza T, Shockley,
Deceased ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10,00) and other
good and valuable consideration in hand paid by the City of Denton, Texas, 215 E. McKinney
Street, Denton, Texas 76201, receipt and sufficiency of which is hereby acicnowledged, has
GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT,
BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a temporary
construction, grading and access easement in, along, upon, under, over and across the following
described property (the "Property"), owned by Grantor, and situated in Denton County, Texas,
located in the A, Tomplcins Survey, Abstract Number 1246, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may
remove from the Property above described, such fences, signage, buildings and other obstructions
as may now or hereafter be found upon said Property, for the purpose of construction activities,
grading activities and access in, along, upon, under, over and across said Property. It is
specifically stipulated by Grantor that the scope of the access, construction and grading activities
shall include the clearing and removal of vegetation and trees that exist within the Property.
The City of Denton, its agents, employees, contractors, workrrien, and representatives shall have
the right of ingress, egress and regress in, along, upon, under, over and across said Propei�ty for the
purpose of access, construction and grading activities or any part thereo£
The term of this Temporary Construction, Grading and Access Agreement shall commence on the
date of the "Contractor Notice to Proceed" related to the portion of the Bonnie Brae Widening and
Improvements Project affecting the Property and terminate on the earlier to occur of (i) two (2)
years from such date of the herein referenced "Contractor Notice to Proceed"; or (ii) December 31,
2015, unless the parties mutually agree in writing to an extension or reduction of such term.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness our hands, this the day of , 2012.
Grantor:
John Staples Shockley, as Independent Executor
of the Estate of Eliza T. Shocicley, Deceased
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on , 2012, by John
Staples Shocicley, as Independent Executor of the Estate of Eliza T. Shocicley, Deceased.
Notary Public, in and for the State of Texas
My Commission Expires:
2
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012-�.
:
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
' � �
PAGE 1 OF
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814 5. BONNTE OPAE
LOT 2, BLOCK A
JOE ABBEY
TRACT �8
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VOL. 1151, PG. 328
O.R.D.C.7.
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SCOTT BROWN
INST. N0. 97-RO047o97
�.R.D.C.T.
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EXHIBIT "A" - Page 1 of 2
^--, __ r �"_'__"_"'_"'��tr...'_'_'.."'�'
POIN� OF 1fILL0'N'�YOOU STREET
i1 BEGIIVNING � fl�__ _�VARIABLE_WTDTH JR�p. N. )
._�S.Bg_��$-r�3,rE - ` r.,r.
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S00'21'57"W ' I
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9 '3B' 03"W
45.00'
2315 WILLOWW0�0 5T,
ELiZA T. SHOCKLEY
INST, N0. 2005-74299
D.R.D.C,7.
2225 WiLLOWWDOD ST
JDEL AND MARLEA STEELHpN
VOL. 46f0, PG. 1741
O.R,D.G.T.
BASIS OF BEARING T5 NORTH AMERTCAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINA7E
5YSTEM, TEXAS NORTH CEN7RAL.
��
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P15--TCE-1
BEING A �
400 SQ.FT./0.01 ACRE
TEMPORARY CONSTRUCTI4N EASEMENT �
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246,
DENT�N COUNTY, TEXAS GRAPHIC SCALE i°�100'
^ Graham Associates,lnc. 0 5o ioo i5o
(( �+ CONSULTINC ENGINEERS k PIANNERs
`! aoo s�x ruos ornv�, surre aoo
�" � ���� Fl� ,°� � DATE: SEP7EMBER 2011
J/oenton/P15-7CE-1
Page 2 of 2
PARCEL 15-TCE-1
LEGAL DESCRTPTTON
TEMPORARY CONSTRUCTTON EASEMENT
PXHIBIT "A" - Page 2 of 2
BE1NG a 0.01 acre tract of Iand situated in the A. Tompkins Sun�ey, Abstract No. 1246,
Denton County, Texas, being a portion of a tract of land conveyed to Eliza T. Shockley
as recorded in Instrument No. 2005-74299, Deed Records, Denton. County, Texas and
being more particularly described by metes and bounds as follows:
COMMENCING at a found 3/8 inch iron rod, said point being the northwest corner of
said Shockley tract, and being the intersection of existing east right-of-way line of Bonnie
Brae Street (having a variable width R.O.W,), and ihe existing south right-of-way line of
Wzllowwood Street (having a variable width R.O.W.);
THENCE South 78°16'25" East, leaving said intersection, a distance of 53.06 feet to a
point, said point in the proposed south right-of-way line of Willowwood Street (having a
variable width R,O,W.);
THENCE South 89°38'03" East, along said proposed south right-of way line, a d'zstance
of 85.00 feet to a point for the POINT OF BEGINNING;
THENCE South 89°38'03"�East, continuing along said proposed south right-of-way lirze,
a distance of 35.00 feet to a point for corner;
THENCE South 00°21'57" West, leaving said proposed south righi-of-way line, a
distance of 10.00 feet to a point for corner;
THENCE North 89°38'03" West, a distance of 45.00 feet to a point for corner;
THENCE North 00°21'S7" East, a distance of 5.00 feet to a point for corner;
THENCE South 89°38'03" East, a distance of 10,00 feet to a point for corner;
THENCE North 00°21'S7" East, a distance of 5.00 feet to the POINT OF BEGINNING
and CONTAINING 400 square feet, 0.01 acres of land, more or less.
• • D3�/5" �-"��
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
Consider nominations/appointments to the City's Boards and Comnussions.
BACKGROUND
Attached are the nonunations Council has subnutted for board and commission positions. Any
additional nonunations made during the Worlc Session will be provided prior to approval.
If you require any further information, please let me lcnow.
Respectfully subnutted:
Jennifer Walters
City Secretary
08/03/2012
BOARD AND COMMISSION NOMINATIONS
Board Council Member Nomination
Airport Advisory Board Engelbrecht
Watts Martin Mainja (R)
I<amp Nanci I<immey (N)
Burrou hs I<aren Dickson (R)
Animal Shelter Advisory Committee Roden Laura Chandler-Stukel (N)
Gregory Woodie Wilson (R)
I<a m p
I<i n
Community Development Advisory Cmte. Engelbrecht
I<amp Gerard Hudspeth (R)
Burroughs Bob Gorton (R)
All
All
Health & Building Standards Commission Gregory Rod Reeves (R)
Watts Rosanne Ciccia (R)
All
All
Historic Landmark Commission Gregory Deb Conte (R)
Burroughs Scott Campbell (N)
All
Human Services Advisory Cmte. Gregory Sara Bagheri (R)
Watts ,James McDade (R)
All Mary Ann McDuff (R)
All
Library Board Engelbrecht
Watts Lauren Womack (R)
Burrou hs Frank Ma hew (R)
Parks, Recreation & Beautification Board Gregory David Rowley (R)
Engelbrecht
Watts Paul Leslie (N)
I<a m
Planning and Zoning Commission Engelbrecht
I<a m p
I<i n
Public Art Committee Gregory Robyn Lee (R)
Engelbrecht
Watts
I<ing
Burroughs Nancy Walkup (R)
R - Reappointment
N - New Nomination
08/03/2012
BOARD AND COMMISSION NOMINATIONS
Board Council Member Nomination
Public Utilities Board Engelbrecht
Traffic Safety Commission Roden ,John Murphy
Gregory
Engelbrecht
I<i n
Zoning Board of Adjustment Gregory Greg ,Johnson (R)
I<a m p
Burrou hs
R - Reappointment
N - New Nomination
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Finance
ACM: Jon Fortune �
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas placing a
proposal on the September 11, 2012, City Council public meeting agenda to adopt a 2012 TaY Rate
that will exceed the lower of the rollbacic rate or the effective tax rate; calling two public hearings
on a tax increase to be held on August 21, 2012, and August 28, 2012 and calling a budget public
hearing on the Fiscal Year 2012-13 Annual Program of Services of the City of Denton to be held
on August 21, 2012; requiring publication of a notice of the public hearings in accordance with the
law; requiring the posting of the notice of the public hearings on a tax increase on the City's
Internet website; requiring the posting of the notice on the City's public access channel; and
providing an effective date.
BACKGROUND
The Texas Constitution and Texas Property Tax Code require taxing units to comply with specific
guidelines in adopting tax rates. The gtiidelines are related to a concept lcnown as tnith-in-taxation.
This concept is a way to make taxpayers aware of tax rate proposals and allow tax payers in certain
circumstances, to roll bacic or limit a tax increase.
The tnith-in-taxation guidelines require taxing entities to calculate and publish their effective and
rollbacic tax rates. The effective rate is the calculated rate that would provide the taxing unit
approximately the same amount of revenue it received in the previous year on properties taxed in
both years. This rate excludes taxes on properties no longer in the taxing unit and also excludes
any growth due to new property values. The City of Denton's 2012 effective rate is $0.68046/$100
valuation.
The rollbacic rate divides the total property tax revenue into support for maintenance and
operations (M&O) taxes and debt service taxes. It provides approximately the same amount to
revenue it spent in the previous year for maintenance and operations expenses, plus an extra eight
percent. If a taxing unit adopts a tax rate higher than the rollback rate, the voters have the option to
petition for an election to limit the size of the tax increase. The City of Denton's 2012 rollbacic rate
is $0.73218/$100 valuation.
In compliance with state law, staff published the effective and rollbacic rate calculation in the
Sunday, August Sth issue of the Denton Reco�d Ch�onicle.
Agenda Information Sheet
ALIgLISt %, ZOIZ
Page 2
The City Manager's FY 2012-13 Proposed Budget recommended a tax rate of $0.68975 per $100
of valuation, and this rate is $0.00929 above the effective rate. If the City Council considers
adopting a tax rate that is higher than the recommended effective rate, state law requires the
governing body to vote to place a proposal to adopt the rate on an agenda. In addition, state law
requires that two public hearings be held on the proposed tax increase, with the second hearing
occurring three to 14 days after the first. Publication of quarter-page notices ("Notice of Public
Hearing on Tax Increase") informing the public of the hearings and the publication of a quarter-
page notice ("Notice of Tax Revenue Increase") prior to the adoption of the tax rate are also
required.
The "Notice of Tax Revenue Increase" states the percentage by which the proposed tax rate
exceeds the lower of the rollbacic or effective tax rate, the dates of the two public hearings, and the
date, time and location, including mailing address, where the governing body is scheduled to vote
on the tax rate and the revenue comparisons. Besides publication in the Denton Reco�d Ch�onicle,
this notice would appear on the City of Denton's Web site, �7���„�,,;,//www„_�;;��v�:�b�c:fl�°n7���:�n7�,�;�:�nm�� and air
on the public access channel.
In addition to the state requirements for the tnith in taxation legislation, the City Charter and
Chapter 102 of the Texas Local Government Code require the City Council to set a public hearing
on the FY 2012-13 Annual Program of Services. In compliance with the Charter and Chapter 102,
we are also required to publish a notice of the public hearing in the Denton Reco�d Ch�onicle not
earlier than the 30th day or later than the lOth day before the date of the public hearing. The
attached "Notice of Public Hearing on Budget" would need to be published in the Denton Reco�d
Ch�onicle. It would also need to be posted on the City of Denton's Web site,
�7���„�,,;,//�v�v�v„_�;;�� �:�b�c:fl�°n7���:�n7�,�;�:�nm�� and air on the public access channel.
The attached Notice of Public Hearing on the Tax Increase and Notice of Tax Revenue Increase
have been included on the Council Agenda in the event that Council directs staff to propose a tax
rate greater than the effective rate. If the Council decides to propose a tax rate at or less than the
effective rate, this item will not be necessary.
ESTIMATED SCHEDULE
August 7, 2012 Vote to Place Proposal on Future Agenda if the City Council Adopts
a Tax Rate that Exceeds the Effective or Rollbacic Tax Rate
August 21, 2012 Hold Public Hearing on the Budget
August 21, 2012 Hold First Public Hearing on Tax Rate (If Necessary)
August 28, 2012 Hold Second Public Hearing on Tax Rate (If Necessary)
September 11, 2012 Adopt Tax Rate
Agenda Information Sheet
ALIgLISt %, ZOIZ
Page 3
PRIOR ACTION/REVIEW
On Thursday, Augtist 2, 2012, the City Council was provided information regarding the proposed
FY 2012-13 Proposed Budget, including the proposed tax rate.
FISCAL INFORMATION
The proposed tax rate is included in the FY 2012-13 Proposed Budget.
EXHIBITS
Resolution and Required Notices
Respectfully Submitted By:
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Bryan Langley
CFO and Director of Strategic Services
s:\legallour documents\resolutionsU2lresolution budget tax rate public hearing.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING
A PROPOSAL ON THE SEPTEMBER 11, 2012 CITY COLTNCIL PUBLIC MEETING
AGENDA TO ADOPT A 2012 TAX RATE THAT WILL EXCEED THE LOWER OF THE
ROLLBACK RATE OR THE EFFECTIVE TAX RATE; CALLING TWO PUBLIC
HEARINGS ON A TAX INCREASE TO BE HELD ON AUGUST 21, 2012 AND AUGUST
28, 2012 AND CALLING A BUDGET PUBLIC HEARING ON THE FISCAL YEAR 2012-
2013 ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON TO BE HELD ON
AUGUST 21, 2012; REQUIRING PUBLICATION OF A NOTICE OF THE PUBLIC
HEARINGS IN ACCORDANCE WITH THE LAW; REQUIRING THE POSTING OF THE
NOTICE OF THE PUBLIC HEARINGS ON A TAX INCREASE ON THE CITY'S
1NTERNET WEBSITE; REQUIRING THE POSTING OF THE NOTICE ON THE CITY'S
PUBLIC ACCESS CHANNEL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to adopt the Fiscal Year 2012-13 Annual Program
of Services (Budget) for the City of Denton, Texas; and
WHEREAS, in order to adopt the Budget, the City Council must first hold a public
hearing on the Budget and provide notice of same in accordance with Article VIII "Budget" of
the City Charter and other applicable law; and
WHEREAS, the City Council desires to consider adopting a tax rate of $0.68975 per
$100 valuation, which will exceed the lower of the rollback rate or effective tax rate, in
accordance with the requirements of the Texas Tax Code Chapter 26 (Tax Code) and to schedule
two public hearings on the proposed tax increase; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings set forth in the preamble of this Resolution are incorporated
by reference into the body of this Resolution as if fully set forth herein.
SECTION 2. The City Council desires to consider adopting a tax rate for the 2012 tax
year of $0.68975 per $100 valuation that will exceed the lower of the rollback rate ar the
effective tax rate.
SECTION 3. The City Council hereby approves the placement of an item on the
September 11, 2012 City Council public meeting agenda to vote on a proposed tax rate of
$0.68975 per $100 valuation that will exceed the lower of the rollback rate or the effective tax
rate.
SECTION 4. The City Council hereby calls two public hearings on the proposed tax
increase to be held in the City Council Chambers at City Hall located at 215 East McKinney
Street in Denton, Texas 76201 on August 21, 2012 and August 28, 2012 at 6:30 p.m. The public
hearings will not be held until at least seven days after notice of the public hearings have been
published in the Denton Record-Chronicle, a newspaper having general circulation within the
City, in the form of the attached Notice of Public Hearing on Tax Increase, which is made a part
of this Resolution for all purposes. The City Manager, or his designee, is hereby directed to
s:\legallour documents�resolutions1121resolution budget tax rate public hearing.doc
publish said notice in accordance with this Resolution and in accordance with Tax Code §26.06.
The City Manager or his designee is directed to post the attached Notice of Public Hearing on
Tax Increase on the City's Internet website and shall request that the City's public access
television channel carry a 60-second notice of the public hearing at the times and for the periods
and in accordance with the requirements of Chapter 26 of the Tax Code and other applicable law.
At the public hearings, the City Council will afford adequate opportunity for both proponents
and opponents of the tax increase to present their views.
SECTION 5. The City Council hereby calls a public hearing on the proposed Budget to
be held in the City Council Chambers at City Hall located at 215 East McKinney Street in
Denton, Texas 76201 on August 21, 2012 at 6:30 p.m. The public hearing will not be held until
notice of the public hearing has been published in the Denton RecoYd-Chronicle, a newspaper
having general circulation within the City, in the form of the attached Notice of Public Hearing
on the Budget, which is made a part of this Resolution for all purposes. This notice shall be
published not earlier than the 30th or later than the lOt" day before the date of the public hearing.
The City Manager, or his designee, is hereby directed to publish said notice and to provide such
other public notice as may be required in accordance with this Resolution and in accordance with
Article VIII of the City Charter, Chapter 102 of the Texas Local Government Code and all other
applicable law.
SECTION 6. This Resolution shall become effective immediately upon its passage and
approval at a regular meeting of the City Council of the City of Denton, Texas on this the day of
August, 2012, at which meeting a quorum was present and the meeting was held in accordance
with the provisions of Tex. Gov't Code §551.001, et seq. The City Secretary is hereby directed
to record this Resolution and the vote on the proposal to place the item for a tax increase on the
September 11, 2012 City Council agenda.
PASSED AND APPROVED this the day of , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
c
BY: �..- .�' �
Page 2
MARK A. BURROUGHS, MAYOR
s:llegallour documentslresolutions112Uesolution budget tax rate public hearing.doc
Council Member
Mark A. Burroughs, Mayor
Kevin Roden
Dalton Gregory
Jim Engelbrecht
Chris Watts
Pete Kamp, Mayor Pro Tem
James King
Page 3
Voted For Voted A a�inst
Publish in August 12, 2012 and August 19, 2012 Denton Record Cl�ronicle
Notice of Public Hearing on Tax Increase
The City of Denton, Texas, will hold two public hearings on a proposal to increase total tax revenues from
properties on the tax roll in the preceding tax year by 1,4 percent (percentage by which proposed tax rate exceeds
lower of roliback rate or effective tax rate calculated under Chapter 26, Tax Code). Your individual taxes may
increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your
property in relation to the change in taxable value of ail other property and the tax rate that is adopted.
The first pubiic hearing will be held on August 21, 2012 at 6:3Q p.m. in the City Council Chambers at City Hall, 215
E. McKinney Street, Denton, Texas 76201.
The second public hearing will be on August 28; 201Z at 6:30 p.m. in the City Council Chambers at City Hall, 215 E.
McKinney Street, Denton, Texas 76201.
The members of the governing body voted on the proposal to consider the tax increase as follows:
FOR:
AGAINST:
PRESENT and not voting:
ABSENT:
The average taxable walue of a residence homestead in Denton, Texas last year was $154,378 (average taxable
value of a residence homestead in the taxing unit for the preceding tax year, disregarding residence homestead
exemptions available only to disabled persons or persons 65 years of age or older). Based on last year's tax rate of
$0.68975 (preceding year's adopted tax rate) per $100 of taxable value, the amount of taxes imposed last year on
the average home was $1,064.82 (tax on average taxable value of a residence homestead in the taxing unit for the
preceding tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65
years of age or older).
The average taxable value of a residence homestead in Denton, Texas this year is $154,354 (average taxable value
of a residence homestead in the taxing unit for the current tax year, disregarding residence homestead exemptions
available only to disabled persons or persons 65 years of age or older). If the governing body adopts the effective
tax rate this year of $0.68046 per $100 of taxable value, the amount of taxes imposed this year on the average
home would be $1,050.32 (tax on average taxable value of a residence homestead in the taxing unit for the current
tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of
age or older}.
If the governing body adopts the proposed tax rate of $0.68975 per $100 of taxable value, the amount of taxes
imposed this year on the average home would be $1,064.65 (tax on average taxable value of a residence
homestead in the taxing unit for the current tax year, disregarding residence homestead exemptions available only
to disabled persons or persons 65 years of age or older}.
Members of the public are encouraged to attend the hearings and express their views.
Publish in September 2, 2012 Denton Record Chronicle
Notice of Tax Revenue Increase
The City of Denton, Texas, conducted public hearings on
August 21, 2012 and August 28, 2012 on a proposal to increase
the total tax revenues of the City of Denton, Texas from
properties on the tax roll in the preceding year by 1.4 percent.
The total tax revenue raised last year at last year's tax rate
of $0.68975 for each $100 of taxable value was $44,707,202.
The total tax revenue proposed to be raised this year at
the proposed tax rate of $0.68975 for each $100 of taxable
value, excluding tax revenue to be raised from new property
added to the tax roll this year, is $45,410,077.
The total tax revenue proposed to be raised this year at
the proposed tax rate of $0.68975 for each $100 of taxable
value, including tax revenue to be raised from new property
added to the tax roll this year, is $46,328,517.
The City Council of the City of Denton, Texas, is scheduled
to vote on the tax rate that will result in that tax increase at a
public meeting to be held on September 11, 2012 at the City
Council Chambers in City Hall, 215 E. McKinney Street, Denton,
Texas, 76201 at 6:30 p.m.
NOTICE OF PUBLIC HEARING ON BUDGET
The City Council for the City of Denton, Texas, will hold a public hearing on the Fiscal
Year 2012-13 Annual Program of Services (Budget), on Tuesday, August 21, 2012 at
6:30 p.m. in the City Council Chambers at City Hall, located at 215 East McKinney
Street in Denton, Texas, 76201. The meeting will be held for the purpose of receiving
community input on the Budget.
THIS BUDGET WILL RAISE MORE TOTAL
PROPERTY TAXES THAN LAST YEAR' S BUDGET
BY $2,099,160, or 4.75%, AND OF THAT AMOUNT
�918,440 IS TAX REVENUE TO BE RAISED FROM
NEW PROPERTY ADDED TD THE TAX ROLL
THIS YEAR.
All interested citizens are encouraged to attend and express their views.
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
ALIgLISt %, ZOIZ
Electric Utility
Howard Martin, 349-8232
..■ ,
SUBJECT
Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City
Manager to execute an agreement among and between the City of Bryan, Texas, the City of
Denton, Texas, the City of Garland, Texas and the City of Greenville, Texas regarding
prepayment of fixed cost power purchase payments to be paid to the Texas Municipal Power
agency; and providing an effective date. The Public Utility Board recommends approval (6-0).
BACKGROUND
Historically, when the Member Cities of TMPA have wanted to change TMPA's debt stnicture,
they have had to act together, executing a single transaction allocated by ownership share. Since
each City has differing financial needs, it is difficult to find a single transaction which meets
every City's needs. One City may want to pay off TMPA's debt quicldy, while others want to
match the cost to the expected life of the plant.
TMPA Staff, worlcing with the Member City Utility Directors, have developed a mechanism to
let each City manage their portion of TMPA's debt service individually, without impacting the
other Cities. This is done using escrow accounts restricted to pay an individual Cities' portion of
the TMPA debt service. This essentially allows a City to make a prepayment, funded with cash
or debt, which will generate a credit on their TMPA bill, while not affecting any other City's bill.
The primary benefit of the escrow accounts is flexibility. Each Member City can chose not to
participate, participate funding with cash, or participate funding with debt and at differing
funding levels. The escrow accounts are needed because otherwise, if a City gave TMPA funds
to pay down debt, the other Member Cities would get an interest in the funds proportionate to
their ownership share. The escrow account allows TMPA to segregate those funds for the
benefit of the Cities contributing the money.
TMPA Bond Counsel has advised that an agreement between the Member Cities is required to
allow use of the escrow accounts. One "no" from any Member City eliminates the possibility of
using this concept for all the Cities.
At this time, Greenville is the only city planning a 2013 transaction.
RECOMMENDATION
Staff recommends the approval of agreement allowing the Member Cities to participate in the
TMPA escrow fund at their discretion.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
July 23, 2012 — The Public Utility Board recommends approval (6-0).
EXHIBITS
1. Ordinance
2. City Prepayment Agreement
3. PUB Minutes
Respectfully subnutted:
.,,�.�'�_ / � ..°� '� .
Phil Williams
General Manager
Electric Administration
Prepared by:
David W. Wilson
DME — DME Business Manager
�•�* � : ��
ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT AMONG AND BETWEEN THE CITY
OF BRYAN, TEXAS, THE CITY OF DENTON, TEXAS, THE CITY OF GARLAND, TEXAS
AND THE CITY OF GREENVILLE, TEXAS REGARDING PREPAYMENT OF FIXED
COST POWER PURCHASE PAYMENTS TO BE PAID TO THE TEXAS MUNICIPAL
POWER AGENCY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas is a Member City of Texas Municipal Power
Agency ("TMPA"), a Joint Powers Agency; and TMPA consists of four Member Cities, being
the Cities of Bryan, Texas, Denton, Texas, Garland, Texas, and Greenville, Texas; and
WHEREAS, the City of Greenville, Texas intends to execute a 2013 transaction
regarding a deposit of money into the escrow fund established by the four TMPA Member Cities
of TMPA, for the fixed cost power purchase payments to be paid to TMPA; as Greenville, Texas
is electing to choose to execute such an escrow transaction, all four TMPA Member Cities must
approve the transaction by entering into an agreement; and
WHEREAS, it is appropriate for the City to execute this "Agreement among and between
the City of Bryan, Texas, the City of Denton, Texas, the City of Garland, Texas and the City of
Greenville, Texas Regarding Prepayment of Fixed Cost Power Purchase Payments to be Paid to
the Texas Municipal Power Agency (the "Agreement");" NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals in the preamble are tnie and correct and are incorporated
herewith by reference.
SECTION 2. The City Manager is hereby authorized to execute and deliver the
"Agreement among and between the City of Bryan, Texas, the City of Denton, Texas, the City of
Garland, Texas and the City of Greenville, Texas Regarding Prepayment of Fixed Cost Power
Purchase Payments to be Paid to the Texas Municipal Power Agency;" a copy of which
Agreement is attached hereto as Exhibit "A," and is incorporated herewith by reference.
SECTION 3. The City Manager is hereby authorized to execute and deliver any other
and further documents related to the said Agreement as are necessary to effectuate, finalize and
deliver said Agreement.
SECTION 4. This ordinance shall be and become effective immediately upon and after
its adoption and approval; provided however, that the Cities of Bryan, City of Garland, and City
of Greenville have each approved said Agreement.
PASSED AND APPROVED this the day of , 2012.
1
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT 2
AGREEMENT AMONG AND BETWEEN THE CITY OF BRYAN, TEXAS, THE CITY
OF DENTON, TEXAS, THE CITY OF GARLAND, TEXAS, AND THE CITY OF
GREENVILLE, TEXAS REGARDING PREPAYMENT OF FIXED COST POWER
PURCHASE PAYMENTS TO BE PAID TO THE TEXAS MUNICIPAL POWER
AGENCY
WHEREAS, this Agreement (this "Prepayment Agreement") is made and entered into as
of the Effective Date provided below by, between, and among the City of Bryan, Texas, the City
of Denton, Texas, the City of Garland, Texas and the City of Greenville, Texas (collectively, the
"Cities"), each in the capacity of a member city of the Texas Municipal Power Agency (the
"Agency"); and
WHEREAS, the Agency and each of the Cities, have entered into a Power Sales Contract
dated the 1 st day of September, 1976, as amended (the "Power Sales Contract"), under which the
Agency is obligated to sell electric energy to the Cities, and each City is unconditionally
obligated to pay to the Agency, without offset or counterclaim and without regard to whether
energy is delivered by the Agency to the respective City or Cities or whether or not any City or
Cities actually use energy from the Agency's generating facilities, the percentage of the Agency's
Annual System Costs (as defined in the Power Sales Contract), including the payment of the
Debt Service Requirements (as defined in the Power Sales Contract) which may from time to
time exist; and
WHEREAS, the Agency has adopted Resolution No. 2012-7-8 (the "Agency
Resolution") that sets forth options for the Cities to prepay all or a portion of the contractual
obligations of the Cities pertaining to the Debt Service Requirements component of the Agency's
rates and charges for the purchase of power in accordance with the Power Sales Contract (the
"Contract�ial Obligations"), which relate to the Agency's Revenue Refunding Bonds, Series 1993
(the "Series 1993 Bonds"); and
WHEREAS, the procedures set forth in the Agency Resolution permit each City to use
moneys derived from proceeds of a series of City debt issued to discharge all or a portion of its
Contractual Obligations (the "City Bond Proceeds") or from a funding source other than
proceeds of such City debt (the "City Available Funds") for the purpose of prepaying all or a
portion of its Contractual Obligation; and
WHEREAS, the Agency Resolution provides for the Agency to establish uniform rates
and charges for the Cities and to allocate a prepayment credit with respect to such rates and
charges (the "Payment Credit") to any City in the amount of the City Bond Proceeds or City
Available Funds that are deposited into an escrow account, plus interest earnings from the
deposit of such funds in the escrow account, which deposit is dedicated to paying the respective
City's Contractual Obligations pertaining to the Series 1993 Bonds; and
WHEREAS, in accordance with the Agency Resolution, the Payment Credit will be
calculated with respect to a portion of the City's power purchase payments; and
1
WHEREAS, this Prepayment Agreement is entered into for the purpose of establishing
the agreement of the Cities with respect to the Payment Credit.
NOW THEREFORE, in consideration of the foregoing, the mutual agreements herein
contained, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acicnowledged, each Member City agrees as follows:
Section 1. Ag�eenients of Cities. Each City acicnowledges and agrees with respect to the
Agency Resolution and the transactions provided for therein, and without regard to whether a
City elects to use a prepayment option provided therein, as follows:
(a) That a City malcing a deposit of City Bond Proceeds or Available City Funds in
accordance with the Agency Resolution shall be entitled to a Payment Credit determined
by the Agency in the manner provided in the Agency Resolution.
(b) That the provision by the Agency to one or more Cities of a Payment Credit (whether
for the year in which the deposit is made by a City or in a subsequent year, in accordance
with the terms of the Agency Resolution) does not conflict with Section 7 of the Power
Sales Contract or any other provisions thereof that require the Agency to establish
uniform and non-discriminatory, fair and reasonable and adequate rates and charges for
the provision of power and energy to the Cities.
(c) That proceedings of the Agency with respect to the adoption of the Agency
Resolution by the Agency have been provided to the Cities, and each City will not contest
or challenge the right of the Agency to adopt or administer the Agency Resolution or
contest or challenge the adoption of the Agency Resolution as being in any way an
improper or unlawful act of the Agency in accordance with applicable laws pertaining to
the Agency and the Power Sales Contract.
Section 2. ,Seve�ability. If any term or provision of this Prepayment Agreement is held to
be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms
or provisions of this Prepayment Agreement shall not be affected thereby, and in lieu of each
such illegal, invalid or unenforceable term or provision, there shall be added automatically to this
Prepayment Agreement a legal, valid or enforceable term or provision as similar as possible to
the term or provision declared illegal, invalid or unenforceable.
Section 3. Waive�. A party shall have the right to waive any requirement contained in
this Prepayment Agreement that is intended for the waiving party's benefit, but, except as
otherwise provided herein, such waiver shall be effective only if in writing executed by the party
for whose benefit such requirement is intended pursuant to an authorizing resolution adopted by
the governing body of the respective party. No waiver of any breach or violation of any term of
this Prepayment Agreement shall be deemed or constnied to constitute a waiver of any other
breach or violation, whether concurrent or subsequent, and whether of the same or of a different
type of breach or violation.
2
Section 4. Uove�ning Law. This Prepayment Agreement and all of the transactions
contemplated herein shall be governed by and constnied in accordance with the laws of the State
of Texas. The provisions and obligations of this Prepayment Agreement are performable in
Travis County, Texas such that exclusive venue for any action arising out of this Prepayment
Agreement shall be in Travis County, Texas.
Section 5. Pa�ag�aph Headings; Const�uction. The paragraph headings contained in this
Prepayment Agreement are for convenience only and shall in no way enlarge or limit the scope
or meaning of the various and several paragraphs hereo£ The parties have all participated in the
negotiation and preparation of this Prepayment Agreement, have obtained and considered the
advice of counsel in its preparation, and accordingly agree that this Prepayment Agreement shall
not be constnied either more or less strongly against or for any party.
Section 6. Binding Effect. Except as limited herein, the terms and provisions of this
Prepayment Agreement shall be binding upon and inure to the benefit of the Cities and their
respective heirs, devisees, personal and legal representatives, successors and assigns.
Section 7. Uende�. Within this Prepayment Agreement, words of any gender shall be
held and constnied to include any other gender, and words in the singular number shall be held
and constnied to include the plural, unless the context otherwise requires.
Section 8. Counte�pa�ts. This Prepayment Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, and all of which shall constitute but one
and the same instniment.
Section 9. Enti�e P�epaynient A�eenient. It is understood and agreed that this
Prepayment Agreement contains the entire agreement between and among the Cities and
supersedes any and all prior agreements, arrangements or understandings between or among the
Cities relating to the subject matter. No oral understandings, statements, promises or
inducements contrary to the terms of this Prepayment Agreement exist. This Prepayment
Agreement cannot be changed or terminated orally and no written modification of this
Prepayment Agreement shall be effective unless executed by each and all of the Cities pursuant
to an authorizing resolution adopted by the governing body of the respective party.
Section 10. Autho�ity to Execute. Each party mutually represents and warrants to each
and all of the other Cities that the individual signing this Prepayment Agreement on its behalf
has complete and full authority to act on behalf and to fully bind that party to the terms of this
Prepayment Agreement.
[Execution Pages Follow]
3
EXECUTED on the dates indicated below but deemed to be effective as of the date this
Prepayment Agreement is signed by the last party to do so (the "Effective Date").
CITY OF BRYAN:
By:_
Name:
Title:
Date:
CITY OF DENTON:
By:_
Name:
Title:
Date:
CITY OF GARLAND:
By:_
Name:
Title:
Date:
CITY OF GREENVILLE:
By:_
Name:
Title:
Date:
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
I '
DRAFT MINUTES
PUBLIC UTILITIES BOARD
July 23, 2012
After determining that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, July 23, 2012 at 9:03 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
Present:
Absent — Excused
Chairman Dic1c Smith, Billy Cheelc, Phil Gallivan, Leonard Herring,
Barbara Russell, and Randy Robinson
John Baines
Ex Officio Members: Howard Martin, ACM Utilities
Absent:
George Campbell, City Manager
ITEMS FOR INDIVIDUAL CONSIDERATION:
22 3) Receive a report, hold a discussion and consider a recommendation of approval for the Texas
23 Municipal Power Agency (TMPA) to initiate an "escrow fund option" allowing the Member
24 Cities of Denton, Garland, Greenville, and Bryan to use at their discretion, to help manage
25 their portion of TMPA debt service.
26
27 Phil Williams, General Manager DME, tallced about this item. Williams went bacic to the TMPA
28 litigation settlement. There had been discussions and the negotiation teams had come to terms.
29 It was down to bringing everyone else in and talcing the terms sheet out. The attorney's were
30 still disagreeing and Williams was chairman of the planning and operating committee for TMPA
31 at that time. Williams called a meeting December 3 in Waco. The meeting started at 10:00am
32 and had all the members of the different cities there. The question was aslced if there was any
33 question about what the agreement was to be. That was answered `no'. There was a printer and
34 PC in the next room. The agreement was complete before anyone left that evening; it was
35 11:15pm. Since the cities had such distnist regarding the issue of suing, the agreement included
36 a decision for each city to take a portion of the TMPA debt and refinance it on their books. One
37 of the ways to insure that no city would have a problem with doing that was to require all the
38 cities to approve the agreement with a resolution. What is happening now, we are approaching
39 the first year of this and the City of Greenville wants to talce a portion of that upcoming debt and
40 be able to escrow that and finance it themselves. The other member cities have to agree to pass a
41 resolution so Greenville can do the refinance. It has no effect on DME or our costs. It is a way
42
43
44
to insure commitment. This is just a step in that settlement agreement.
Herring asked if the City of Greenville has the financial basis to do this. Williams stated
45 they do. Smith asked that if they don't will that affect the other cities. Williams stated that
46 since they are talcing the debt on their own boolcs, it would not affect us. If they were not
47 allowed to do this, and they defaulted on their portion of the TMPA debt then it would affect us,
2
4
5
6
7
Draft Minutes of the Public Utilities Board Meeting
July 23, 2012
Page 2 of 2
we would have to picic up that portion. Cheek went on to say the reason they are doing this is
they want a little more cash friendly terms. Robinson stated that it is taking it from our
contingent liability. Cheek stated we are still jointly held together until 2018. Robinson
queried but not on the piece they are taking out. Williams agreed. Herring asked if the
bond holders `ok'd this. Williams answered yes. Herring asked if there is any down side to
this for the City. Williams answered no as a matter of fact he would encourage it.
8 Smith stated that Gallivan and Cheek are TMPA versed and asked if they had any
9 comments. Gallivan added that from a historical perspective it was a monumental thing
10 that happened. Yes the Cities will say they can't trust each other, they are candid about it.
11 Gallivan stated since they are removing that piece of the TMPA debt, that doesn't require
12 any escrow payment on our part. Williams stated nq we will continue to make payments as
13 we normally would. Williams added that DME didn't see any advantage to refinance at this
14 point. Cheek added that Garland would refinance as well at some point. Robinson asked if
15 there are any TMPA assets that the pledge goes along with this. Williams answered that the
16 TMPA debt is baciced by the member cities. Robinson stated no assets or generation or
17 transmission. Williams stated it is baciced by the power sales agreement from the member cities
18 not the assets. Cheek added that the entities are looking hard at the options and where we
19
20
21
22
23
24
will be in 2018 and what the choices will be.
Board Member Cheek motioned to approve item 3, second was by Board Member
Gallivan. Vote 6-0 approved.
Adj ournment 12:OOpm
AGENDA INFORMATION SHEET
AGENDA DATE August 7, 2012
DEPARTMENT: Finance
ACM: Jon Fortune �
SUBJECT
Hold a public hearing concerning the proposed $20.4 million Bond Election to be held on
November 6, 2012, and project recommendations developed by the Citizens Bond Advisory
Committee.
BACKGROUND
Over the last several years, the quality of the streets in the city of Denton has deteriorated. As a
result, the Citizens Bond Advisory Committee is proposing a$20.4 million bond program that is
primarily focused on improving street infrastnicture. The program assumes no tax rate increase,
and it is expected that voters would be requested to approve the program in the November 6,
2012, election.
On April 3, 2012, the City Council formally created the Citizens Bond Advisory Committee to
provide recommendations on projects to be financed with General Obligation bonds.
Additionally, the City Council appointed twenty-one (21) members of the public to serve on the
Committee, and Mr. Tim Crouch and Mr. Marty Rivers were appointed as Co-Chairpersons of
the Committee.
The Committee met on April 23, May 7, May 21, June 4, and June 11 to discuss the condition of
existing streets in the community. In addition, the Committee also conducted a tour of various
streets on May 26. On June 6, the Committee presented their prelinunary proj ect
recommendations to the Planning and Zoning Commission, as required by City Charter.
The Committee focused their attention on streets which have an Overall Condition Index (OC�
value of 40 or less (on a 100 point scale). Streets with this value are considered to be poor
streets, and as such, the Committee expressed an interest in focusing on the worst streets in the
community.
The Committee also initiated a public information campaign in May. The purpose of this
campaign was to request bond project recommendations from citizens. As a result of this
campaign, the Committee received a number of recommendations from the public, and each
citizen proposal was discussed specifically by the Committee to determine whether it should be
recommended in the upcoming bond pacicage. Most notably, Scripture Street from Ector to
Agenda Information Sheet
ALIgLISt %, ZOIZ
Page 2
Malone was added to the list of recommended projects due to the feedbacic received from the
public.
Public Art
In 2006, the City Council approved a Public Art Policy which stated "The City of Denton shall
include a base of 2% for the arts from all future Capital Improvement Programs, with the option
and flexibility to increase to a 4% maximum, based on needs and economic conditions."
According to the definition contained in this policy, Public Art "encompasses the broadest
definition of visual art including all artistic disciplines." Under this policy, $400,000 to
$800,000 of the proposed $20 million bond program for street reconstniction would need to be
reserved for public art funding.
Since a single issue bond progranl for street infrastnict�ire had not been anticipated when this
policy was drafted, the City Council also asked the Citizens Bond Advisory Committee to
provide a recommendation on whether the policy should be applied in the upcoming bond
program. On May 7, the Citizens Bond Advisory Committee formally recommended to the City
Council that public art be included in the upcoming bond program, and on May 15, the City
Council directed staff to include 2% ($400,000) of the upcoming bond program for public art.
Further, the City Council aslced the Public Art Committee to provide proj ect recommendations.
To this end, the Public Art Committee met on May 24 and May 30 to consider their
recommendations. On June 1, the Public Art Committee formally voted to recommend that
public art be included for the Interstate 35 (I-35) Corridor in the upcoming bond progranl. It is
anticipated that artistic designs will be constnicted in the concrete retaining walls which
accompany the expansion of I-35.
Citizens Bond Advisorv Committee Recommendations
After reviewing detailed street information, citizen recommendations, recommendations from the
Public Art Committee, and other information, the Citizens Bond Advisory Committee voted on
June 11 to formally recommend projects to the City Council for consideration. As part of this
recommendation, the Committee voted in favor of the Public Art Committee recommendations.
Further, the Committee recommended that both the public art and street project
recommendations be presented to voters for consideration as one ballot and bond proposition.
On June 19, the recommendations of the Citizens Bond Advisory Committee were presented to
the City Council for consideration. On July 17, the City Council held an additional work session
to discuss the Citizens Bond Advisory Committee recommendations and the bond proposition
and ballot options in more detail.
Agenda Information Sheet
ALIgLISt %, ZOIZ
Page 3
The purpose of this item is to hold a public hearing to receive additional citizen input regarding
the upconung bond election.
ESTIMATED SCHEDULE OF PROJECT
The attached schedule provides a calendar of events associated with the proposed bond program.
Respectfully submitted:
�� . -;a
� �. ,
�� ��,
�/� f � -,
Bryan Langley
CFO and Director of Strategic Services
2012 Bond Election Schedule
January 31, 2012 City Council Retreat
Discussion of Committee Structure and Bond Program
Characteristics
February 21 and March 6, 2012
Apri13, 2012
Apri123, 2012
April — June 2012
May 7, 2012
May 21, 2012
June 4, 2012
June 6, 2012
June 19, 2012
July 17, 2012
August 7, 2012
August — November
Council appoints bond committee
Council approves committee charge
Kick-Off ineeting of Citizens Advisory Committee
Committee develops recommendations
Meeting of Citizens Advisory Committee
Meeting of Citizens Advisory Committee
Meeting of Citizens Advisory Committee (if needed)
Citizens Advisory Committee presents recommendation to
the Planning and Zoning Commission
Citizens Advisory Committee malces recommendation to
City Council
City Council holds additional discussion on bond election
Council holds public hearing
Committee educates public on bond program.
August 14, 2012 * Council passes an ordinance calling for a bond election on
November 6, 2012 (Election must be called no earlier than
August 8 and no later than August 20)
October 22, 2012 *
November 2, 2012 *
November 6, 2012 *
Early voting begins
Early voting ends
Street Improvement Bond election held
* Denotes legally required dates associated with a bond election.
AGENDA INFORMATION SHEET
AGENDA DATE: August 7, 2012
DEPARTMENT: Planning & Development
;f�;�
ACM: Fred Greene
SUBJECT — DCA12-0002 Accesso�y ,S�t�uctu�es
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
regarding amending Subchapter 35.12 of the Denton Development Code regarding allowing
accessory stnictures to be located in the side yards of lcindergarten, elementary, nuddle and high
schools; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof,
severability and an effective date. The Planning and Zoning Commission recommends approval
7-0.
ISSUE
Pursuant to Section 35.12.4.B2 of the Denton Development Code (DDC):
"Accesso�y st��uctu�es, with the exception of non�esidential detached ca�po�ts, gas station
canopies, gas station ca� wash facilities, and secu�ity'ent�y booths, a�e p�ohibited in fi°ont o�
side yards. "
All other accessory stnictures may only be placed in the rear yards. The prohibition against
accessory stnictures being located in side yards has been problematic in certain instances for
lcindergarten, elementary, middle and high schools. One example is that of the Denton City
County Day School.
BACKGROUND
The Denton City County Day School (the School) is located at 1603 Paisley Street, at the
intersection with Campbell Lane. The School is desirous of constnicting a canopy over an
existing concrete slab that is located at the northeast corner of the property, adjacent to Campbell
Lane. This canopy would provide shade and protection from the sun for students while they are
participating in recess and other out-door activities that are conducted on the existing concrete
slab. However, the concrete slab is located in the School's side yard and the proposed canopy is
considered an accessory stnicture. Per Section 35.12.4.B.2 of the Denton Development Code
(DDC), the canopy is prohibited from being located in the school's front or side yards.
Therefore, the City cannot issue a permit for the constniction of subject accessory stnicture that
would provide protection from potentially harmful over-exposure to dangerous ultraviolet sun
rays.
Agenda Information Sheet
August 7, 2012
Page 2
DISCUSSION
��� , �� �� ., � ,, � �� � : � � �t As illustrated in the aerial photograph to the
„ „ ,�,,,,
,�; �; %
`� ,e„ �� �� � left, the School's primary stnicture is located
�� ��� �"� � ' to the far western portion of the property. All
.
�,
� , ,,,� ,
, ;
� �;
,� �,
� �� of the property that is east (shaded blLie) of the
�; � �� �,� ,�;, ; �%'� primary stnicture and adjacent to Campbell
f���� �' �� Lane is considered the side yard. All of the
���
�� „r� property that is south (shaded green) of the
� %,, ' „ ,
rU�
J,, �� ��� �, ,� �„ � primary stnicture and adjacent to Paisley
%' '�l�,l� (� ��'��� �; Street is considered the front yard. Per
�, ,
1�'°, ' �� � e � Section 35.12.4.B2 of the DDC: "Accesso�y
� �, ,.� :� ', � i� �
�%�%� S/1'1!C/1!1'E',S, 11�d/�/ /�/E', E',.KCE',�J/dOYl Of YI()YI-
� ��, %%�, .
�� �esidential detached ca�po�ts, gas station
canopies, gas station ca� wash facilities, and secu�ity ent�y booths, a�e p�ohibited in fi°ont o�
side yards. " Therefore, in this instance, accessory stnictures are only permitted in the area
shaded yellow, or to the north and northwest of the primary stnicture.
To provide some relief in instance such as the aforementioned, staff is proposing to amend
Section 35.12.4 of the DDC to allow accessory stnictures in the side yards of lcindergarten,
elementary, middle and high schools. Staff is not recommending allowing accessory stnictures
in front yards. In addition, staff is proposing conditions that are intended to mitigate potential
negative impacts that may result from this amendment. For example, referring to the attached
site location aerial photograph in Exhibit 1, all the residential lots along the east side of
Campbell Lane that front the side yard of the school property could have the proposed accessory
stnicture (and those that are existing) in their front yard view shed. This will be tnie for all
similar instances throughout the City, and may create an argument that such an arrangement will
render the affected lots less desirable and diminish their value.
In an effort to mitigate the above potential negative impact, as well as others, staff is
recommending that when located in side yards, accessory stnictures must be limited to certain
types; have to meet an increased side yard setbacic; may not exceed a certain percentage of the
gross floor area of the primary stnicture; and be compatible with the primary stnict�ire, or be
subject to certain types of screening, etc.
During the Planning and Zoning Commission (P&Z) work sessions, many items were discussed
and later resolved. One of the items discussed at length was determining the maximum gross
floor area of the accessory stnicture(s).
Within the last two years there have been fifty eight (58) building permits finaled for accessory
stnictures. Of these 58 accessory stnictures, eleven (11) were five hundred (500) square feet or
more, see Exhibit 5. Of the 11 that were 500 square feet or more, two have a floor area that is
more than 50% of the gross floor area of the principal stnicture. One is a green house at 66.31%,
and the other is a storage building at 57.37%.
Based on feedback received from the P&Z, field inspections, building permits data for accessory
structures, complaints from area residents, and staff's collective professional experience, staff is
Agenda Information Sheet
August 7, 2012
Page 3
recommending that the maximum gross floor area of the accessory stnict�ire(s) shall not exceed
50% of the gross floor area of the principal stnicture of residential uses only. This limitation
shall not apply to a residential lot that has been designated as an agricultural use by the Denton
County Appraisal District.
PROPOSAL
Refer to Exhibit 2 Worlcing Draft. Please note that langtiage added are shown in blue and
language deleted are shown in red.
PRIOR ACTION/REVIEW
April 3, 2012 City Council Work Session
April 25, 2012 Planning and Zoning Commission Work Session
May 9, 2012 Planning and Zoning Commission Work Session
June 20, 2012 Planning and Zoning Commission Work Session
July 11, 2012 Planning and Zoning Commission Public Hearing
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval 7-0 of the proposed Code
amendment.
Staff recommends approval of the proposed Code amendments.
EXHIBITS
1. Aerial Photograph
2. Worlcing Draft
3. Clean Version
4. Minimum Side Yard Setback Requirements
5. Building Permits for Accessory Stnictures Finaled Within 2 Years
6. July 11, 2012 — Planning and Zoning Commission Meeting Minutes
7. Draft Ordinance
Agenda Information Sheet
August 7, 2012
Page 4
Prepared by:
��
Ron Mengtiita, AICP
Development Review Liaison
Respectfully submitted:
�
Marlc Cunningham, AICP, CPM
Director, Planning and Development Department
Exhibit 1
Aerial Photograph
� � � � � �
,�
� �
Exhibit 2
Working Draft
Staff recommends that Subchapter 35.12.4.B of the DDC be amended to read as follows:
B. Genersil Re�,��lsltions
1. The �� ~�'���~�' square footage of the T-�_ ��� <__ �-r ___° ���� ? accessor� structure(s) shall
c�be uicluded «-hen c,�lct�latui�; the ��:. ;Ta� ma�imum lot co�-erage permitted b�-
tlie �;o�-ernui�; zonui�; district specified u� Subchapter 3�.�.
2. The m,LSUntun �;ross floor ,uea of the accessoi-�- stnichue(s) sh,�ll not esceed �()° o of the �;ross
floor ,uea of the pruicip,�l stnicttue of residenti,�l uses on1�-. This lunitation sh,�ll not app1�- to a
residenti,�l lot that has been desi;;nated as ui a�;rict�lhu,�l use b�- tlie Denton Count�- _�pprais,�l
District.
3. �e-����r � ,-�%ith the e�ception of non-residential detached carports, gas station
c�u�opies, gas station car�`-ash facilities, �u�d securit�-/entr�- booths, accessor�- stnicttues are
prohibited from bein�; located in front or side �-ards. -�ccessor�- stnichues on a kuider�;,uten,
elesnent�u-�T, middle or high school propert�- ma�T be located in siae �T�u-ds, but �ue prohibited from
beui�; located in front �-ards.
4. E�cept �s prozTided u� 3�.12.�.B.�, -�accessor� structures shall be setback a minimum of three (3)
feet from side �u�d re�u- � propert� lines < �,� ��< �. - < .
�. -�ccessor�- structtues that are located ui a kinder�;,uten, eleinentai�-, middle or hi;;h school corner
lot side �T�ud of that is adjacent a street shall be set back in compliance with the zoning district's
minimwn side �T�u-d setback requirement.
6. No portion of an accessor� structure ma� be located in, or encroach upon, an� easement.
7. �11 accessor� structures that require a building permit per the Buildu�g Code shall be
architecturall� compatible with its associated principal structure., or screened from �Tiew of
abutting properties and public rights-of-wa�. In this context, the term "architectural
compatibility" includes, but is not limited to, consistenc� in: roof pitch, e�terior construction
materials, e�terior color, and architectural design and detail.
8. Uuest quarters shall be located on the sarrie lot as an e�isting detached single-farriil� use., ��rr�=
be attached to the principal building or be located within a detached accessor� building, u�d shall
be subject to tlie follo«-ui�;:
a. No more than one (1) guest quarters per lot shall be allowed.
b. Uuest quarters shall not be used as rental units or as a permanent secondar� dwelling unit.
c. Uuest quarters shall be ser�Ted b� the sarrie utilit� meters as the primar� dwelling.
Exhibit 3
Clean Version
Staff recommends that Subchapter 35.12.4.B of the DDC be amended to read as follows:
B. Genersil Re�,��lsltions
1. The square footage of the accessor� structure(s) shall be included when calculating the ma�imum
lot co�Terage permitted b� the go�Terning zoning district specified in Subchapter 3�.�.
2. The ma�imum gross floor area of the accessor� structure(s) shall not e�ceed �0°% of the gross
floor area of the principal structure of residential uses onl�. This limitation shall not appl� to a
residential lot that has been designated as an a�icultural use b� the Denton Count� �ppraisal
District.
3. �'ith the e�ception of non-residential detached carports, gas station canopies, gas station
car��ash facilities, and securit�/entr� booths, accessor� structures are prohibited from being
located in front or side �ards. �ccessor� structures on a l�indergarten, elementa�, middle or
high school propert� ma� be located in side �ards, but are prohibited from being located in front
�-ards.
4. E�cept as pro�Tided in 3�.12.4.B.�, accessor� structures shall be setback a minimum of three (3)
feet from side and rear propert� lines.
�. �ccessor� structures that are located in a l�indergarten, elementar�, middle or high school corner
lot side �ard of that is adjacent a street shall be set back in compliance with the zoning district's
minimum side �ard setback requirement.
6. No portion of an accessor� structure ma� be located in, or encroach upon, an� easement.
�11 accessor� structures that require a building permit per the Building Code shall be
architecturall� compatible with its associated principal structure, or screened from �Tiew of
abutting properties and public rights-of-way. In this context, the term "architectural
compatibility" includes, but is not limited to, consistency in: roof pitch, exterior construction
materials, e�terior color, and architectural design and detail.
8. Uuest quarters shall be located on the sarrie lot as an e�isting detached single-farriil�, be attached
to the principal building or be located within a detached accessor� building, and shall be subject
to the following:
a. No more than one (1) guest quarters per lot shall be allowed.
b. Uuest quarters shall not be used as rental units or as a permanent secondar� dwelling unit.
c. Uuest quarters shall be ser�Ted b� the sarrie utilit� meters as the primar� dwelling.
Exhibit 4
Minimum Side Yard Setback Requirements
Zoning Districts Minimum side Minimum side
yard yard adjacent
to street
RI)-5 10 feet 50 feet
RC 10 feet 50 feet
NR-1 6 feet 10 feet
NR-2 6 feet 10 feet
NR-3 6 feet 10 feet
NR-4 6 feet 10 feet
NR-6 6 feet 10 feet
NRMU-12 6 feet 10 feet
NRMU 6 feet None
I)R-1 6 feet 10 feet
I)R-2 6 feet 10 feet
DC-N None None
DGU None None
CM-U None None
CM-E None 10 feet
RCR-1 6 feet 10 feet
RCR-2 6 feet 10 feet
RCGN 6 feet 6 feet
RCC-D None None
EC-C None None
EGI None 10 feet
IGE 6 feet 10 feet
IGU 6 feet 10 feet
PERMIT NO
1205-0357
1107-0170
1111-0456
1103-0676
1106-0200
1107-0526
1201-0335
1012-0013
1204-0220
1203-0546
1201-0196
1106-0285
1107-0509
1007-0194
1001-0171
1103-0254
1011-0174
1104-0396
1203-0275
1103-0487
1201-0324
1007-0393
1105-0323
1204-0311
1008-0032
1011-0167
1007-0168
1106-0195
1008-0026
1005-0046
1105-0226
0901-0291
1109-0784
1004-0384
1109-0820
1104-0095
1007-0156
1202-0203
1111-0515
1204-0279
1205-0162
1205-0288
1106-0167
1006-0054
1007-0585
1007-0592
1006-0396
1010-0050
1010-0222
1006-0268
1105-0122
1107-0455
1201-0334
1111-0384
1204-0472
1204-0574
1106-0020
1203-0581
APPLIED
5/14/2012
7/12/2011
11/21/2011
3/29/2011
6/10/2011
7/28/2011
1 /18/2012
11 /29/2010
4/10/2012
3/27/2012
1/11/2012
6/15/2011
7/28/2011
7/9/2010
1 /13/2010
3/11 /2011
11 /9/2010
4/18/2011
3/13/2012
3/22/2011
1 /18/2012
7/19/2010
5/17/2011
4/13/2012
8/3/2010
11 /8/2010
7/8/2010
6/9/2011
8/2/2010
5/5/2010
5/13/2011
1 /21 /2009
9/28/2011
4/20/2010
9/29/2011
4/4/2011
7/8/2010
2/14/2012
11/22/2011
4/13/2012
5/3/2012
5/9/2012
6/8/2011
6/2/2010
7/27/2010
7/27/2010
6/17/2010
10/4/2010
10/13/2010
6/11 /2010
5/5/2011
7/26/2011
1 /18/2012
11 /15/2011
4/23/2012
4/25/2012
6/2/2011
3/28/2012
FINALED DESCRIPTION
6/29/2012 1202-0472 CARPORT
8/10/2011 12X16 STORAGE SHED
2/23/2012 12'x16' Storage space with a 6' porch
5/19/2011 14' X 16' SHADE ARBOR
8/30/2011 200 SF CEDAR ARBOR
9/28/2011 420 SQ FT ARBOR, KITCHEN & FIREPIT
3/6/2012 ACCESSORY STRUCTURE
1/4/2011 ADD 12 X 16 TUFF SHED & 4' PORCH
5/23/2012 ARBOR WITH ELECTRIC
4/12/2012 ARBOR WITH RAIL
4/5/2012 ARBOR, PATIO COVER, BAR/GRILL AREA
7/12/2011 BUILD ARBER AND STORAGE AREA
11/28/2011 BUILD NEW ARBOR & REPLACE PATIO
10/21/2010 BUILD POOL HOUSE
7/27/2010 CABANA W/ FIREPLACE AND TRELLIS
6/14/2011 CABANA WITH GRILL
12/15/2010 CEDAR ARBOR
6/14/2011 CEDAR ARBOR
4/9/2012 CEDAR ARBOR SHADE
5/3/2011 CEDAR PERGOLA
2/17/2012 CEDAR SHADE STRUCTURE
9/29/2010 COVERED CABANA BY POOL
6/2/2011 COVERED PATIO & CEDAR ARBOR
5/4/2012 DECK & ARBOR
1/11/2011 DETACHED 9 X 16 PERGOLA
1/4/2011 DETACHED COVERED PATIO
10/28/2010 DETACHED GARAGE
8/17/2011 -DETACHED GARAGE
3/17/2011 DETACHED GARAGE "'MIN FFE 545.0"'
7/14/2011 DETACHED GARAGE "'MIN FFE=548.5"'
6/23/2011 FREE STANDING ARBOR
9/22/2010 GREEN HOUSE
3/12/2012 GUEST HOUSE
9/8/2010 METAL BUILDING
11/22/2011 METAL GARAGE ADDITION
8/31/2011 OPEN ARBOR
9/29/2010 OUTDOOR KITCHEN
3/30/2012 PATIO COVER & ARBOR
12/21/2011 PAVILLION
5/4/2012 Pergola
5/16/2012 PERGOLA
5/30/2012 PERGOLA
12/15/2011 PERGOLA
8/6/2010 PERGOLA IN BACKYARD
8/16/2010 PERMANENT STORAGE CONTAINER
8/17/2010 PERMANENT STORAGE CONTAINERS
7/27/2010 PORTABLE STORAGE BLDG
12/16/2010 RES REMODEL- PERGOLA
10/27/2010 SCREEN ROOM
8/3/2010 SHADE/GARDEN
8/15/2011 STORAGE & SHOP
8/12/2011 STORAGE 384 SQ FT
3/15/2012 STORAGE BUILDING
2/9/2012 STORAGE BUILDING
5/29/2012 STORAGE BUILDING
5/23/2012 STORAGE BUILDING 12X12
7/25/2011 STORAGE SHED
5/31/2012 STORAGE SHED
ACCESSORY (SF)
319
192
192
224
200
420
369
192
121
250
380
390
368
697
500
178
203
280
400
378
240
342
695
100
144
300
247
1048
1200
1500
156
864
495
960
336
234
400
450
196
144
120
160
168
192
312
156
288
686
180
192
392
384
768
1704
312
144
256
357
PRIMARY (SF) PERCENTAGE
3344 20.84%
3979 12.57%
2642 26.31 %
4799 21.84%
3049 39.36%
4073 36.83%
1303 66.31 %
2830 33.92%
2700 25.41 %
3708 20.71 %
2970 57.37%
Exhibit 6
MINUTES
PLANNING AND ZONING COMMISSION
July 11, 2012
2. Receive a report, hold a discussion, and �ive staff direction re�ardin� ainendin� Subchapter
35.12 of the Denton Developinent Code re�ardin� allowin� accessorv structures to be
located in the side vards of lcinder�arten, eleinentarv, iniddle and hi�h schools.
Menguita provided a brief background, including the prior action taken on this item. Menguita
stated this request is to allow the Denton City County Day School to place an accessory stnicture
within the side yard of their property. Lyke referred to Exhibit 5 of the staff report questioning
that accessory stnictures shall have no more floor area than 50% of the principal stnicture. Lylce
stated the properties that have 4,000-5,000 square foot houses would allow the accessory
stnicture to be 2,500 square foot, which is the size of another house on the property. Lylce
questioned if there would be neighborhoods that are held bacic in the development due to the
houses being smaller. Menguita stated those houses might be able to go before the Zoning Board
of Adjustment (ZBA). Taylor questioned if those hardships would be able to go before ZBA at
this time, Menguita stated no there would need to be an amendment in the code to allow that.
Conner questioned what exactly is considered gross floor area; Menguita stated that information
is located through the Denton Central Appraisal District; which includes attached garages and
porches. Cunningham added that is not just the footprint of the house it includes the full floor
area. Bentley referred to General Regulation item one where the statement "specified in
Subchapter 5" was removed from the regulation, Menguita stated that can be added bacic in to
the general regulation. Lylce questioned older houses and properties that have detached garages,
Menguita stated those would be considered an accessory stnicture.
Cunningham questioned the Comnussioners regarding their input related to the maximum 50%
gross floor area of the principal stnicture; Bentley stated he is in favor of the maximum 50%
linut; however, he would lilce there to be the option to go before the ZBA. Schaalce agreed with
Commissioner Bentley's statement. Chairman Thomas requested Menguita to add the statement
from Commissioner Bentley into his proposal; Menguita stated he would add Bentley's
statements during the Public Hearing item.
s:\legal\our documents\ordinances\12\dca12-0002.doc
ORDINANCE 2012-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTER 35.12
OF THE DENTON DEVELOPMENT CODE BY REVISING THE REQUIREMENTS OF
ACCESSORY STRUCTURES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting a public hearing on July 11,
2012, as required by law, the Planning and Zoning Commission recommended approval of
certain changes to Subchapter 35.12 of the Denton Development Code; and
WHEREAS, after providing notice and after conducting a public hearing on August 7,
2012, as required by law, the City Council finds that the subject changes to the Development
Code are consistent with the Comprehensive Plan and are in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1, The iindings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapter 35,12 is amended to reflect the changes outlined in Exhibit
"A"; all provisions not changed herein to remain as written.
SECTION 3. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense,
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any cou��t, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 2012.
MARK A, BURROUGHS, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Exhibit A
Subchapter 35.12.4.B of the DDC shall be amended to read as follows:
B. General Regulations
1. The square footage of the accessoiy steucture(s) shall be included `vhen calculating the ma�mum
lot coveiage peimitted by the governing zoning district specified in Subchaptei 35.5.
2. The ma�mum gtoss floor area of the accessory structure(s) shall not eYCeed 50% of the gross
floor area of the principal structure of residential uses only. This limitation shall not apply to a
Lesidential lot that has been designated as an agricultural use by the Denton County Appraisal
Dist�ict.
With the ezception of non-residential detached carpoits, gas station canopies, gas station
carwash facilities, and security/entry booths, accessory structures are prohibited from being
located in front or side yaids. Accessoiy structures on a kindergarten, elementary, middle or
high school property may be located in side yards, but aYe prohibited from being located in front
yaids.
4. Except as provided in 35.12.4.B.5, accessory stiuctuYes shall be setback a minimum of three (3)
feet from side and rear propeYty lines.
5. Accessory structuies that are located in a kindeYgarten, elementary, middle or high school cornei
lot side yard of that is adjacent a street shall be set back in compliance with the zoning district's
minimum side yard setback requirement.
6. No poYtion of an accessory structure may be located in, oY encroach upon, any easement.
7. All accessory stLUCtures that require a building peimit per the Building Code shall be
architecturall3T compatible with its associated principal structure, ox screened from vie�v of
abutting properties and public rights-of-way. In this contest, the teYm "architectural
compatibility" includes, but is not limited to, consistency in: roof pitch, eYterior consttuction
materials, esterior colox, and architectural design and detail.
8. Guest quarters shall be located on the same lot as an e�sting detached single-family, be attached
to the principal building or be located within a detached accessory building, and shall be subject
to the following:
a. No more than one (1) guest quarteYS per lot shall be allowed.
b. Guest quarters shall not be used as rental units or as a permanent secondary d�velling unit.
c. Guest quarters shall be served by the same utility meters as the primary dwelling.