HomeMy WebLinkAboutOctober 16, 2012 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
October 16, 2012
After determining that a quorum is present, the City Council of the City of Denton, Texas will
3:00 p.m.
convene in a Work Session on Tuesday, October 16, 2012 at in the Council Work
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 speak on Consent Agenda Items only. Each
speaker 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 October 16, 2012.
3. Receive a report, hold a discussion and give staff direction regarding the intent to develop
a legal process for Tree Trusts as a mitigation option for the Denton Development Code,
Subchapter 35.13.7, and the creation of a Tree Fund Advisory Committee to make
recommendations on the criteria used to purchase properties, and suggest guidelines for
Tree Fund expenditures for community education, as well as planting new trees to
increase Denton’s tree canopy.
4. Receive a report, hold a discussion, and give staff direction on the possible closure of
Nowlin Road.
5. Receive a report, hold a discussion, and give staff direction regarding the public
involvement process for upcoming DME Capital Improvement Projects (CIP).
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 Government
Code, as amended, or as otherwise allowed by law.
CLOSED MEETING
1.Closed Meeting:
A.Deliberations regarding Real Property – Under Texas Government Code Section
551.072; Consultation with Attorneys – Under Texas Government Code Section
551.071.
1.Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of a tract of land,
located in the N. H. Meisenheimer Survey, Abstract Number 810, City of
Denton, Denton, County, Texas, and located generally in the 3800 block
of Elm Street south of Riney Road, and north of North Lakes Park.
City of Denton City Council Agenda
October 16, 2012
Page 2
Consultation with the City’s attorneys regarding legal issues associated
with the potential acquisition of the real property 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 Denton 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 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 in the M.E.P. & P.R.R. Co. Survey, Abstract No. 1475,
City of Denton, Denton County, Texas, and located generally along the
2500 block of East McKinney Street. Consultation with the City’s
attorneys regarding legal issues associated with the potential acquisition
and condemnation of the real property 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 Denton 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.
3.Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the R. B. Longbottom Survey, Abstract No. 775, City
of Denton, Denton County, Texas, and located generally along the south
line of Virginia Circle, just south of University. Consultation with the
City’s attorneys regarding legal issues associated with the potential
acquisition and condemnation of the real property 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 Denton 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.
4.Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the acquisition of real property interests
located (1) in the James Edmonson Survey, Abstract Number 400, Denton
County, Texas (located generally in the 3600 block of Roselawn Drive);
(2) in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton
County, Texas (located generally in the 2100 block of South Bonnie Brae
Street); (3) in the A.N.B. Tompkins Survey, Abstract Number 1246,
Denton County, Texas (located generally in the 2400 block of South
Bonnie Brae Street); and (4) in the James Edmonson Survey, Abstract
Number 400, the James L. Harris Survey, Abstract Number 555, and the
William Roark Survey, Abstract Number 1087, Denton County, Texas
(located generally in the 4500 block of South Bonnie Brae Street), 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
City of Denton City Council Agenda
October 16, 2012
Page 3
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 Disciplinary
Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City’s legal position in any administrative proceedings or
potential litigation.
B.Deliberations regarding Public Power Utilities: Competitive Matters – Under
Texas Government Code Section 551.086.
1.Receive a presentation from Denton Municipal Electric staff and a Texas
Municipal Power Agency (“TMPA”) Board Member regarding public
power utility competitive, financial and commercial matters pertaining to
TMPA, a Joint Powers Agency, being a generation resource owned in
common by the City of Denton, Texas, which holds a 21.3% interest in the
same; including without limitation, plans, proposals, system
improvements, fuel contracting, fuel transportation contracts, other
contracting issues, the fixed and variable costs of operation of the
generation unit, and capital improvement plans for the generation unit.
Discuss, deliberate and provide Staff with direction.
C.Consultation with Attorneys – Under Texas Government Code Section 551.071.
1. Consult with and provide direction to the City’s attorneys associated with
proposed enforcement related to sanitary sewer overflows and where a
public discussion of such legal matters would conflict with the duty of the
City’s attorneys to the City of Denton, Texas and the City Council of the
City of Denton, Texas 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. Langford, 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.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER
EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
City of Denton City Council Agenda
October 16, 2012
Page 4
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
1. Yards of the Month
2.Achievement in Excellence in Procurement Award
3.Massage Therapy Awareness Week
3. CITIZEN REPORTS
4. 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 background 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 – GG). 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 – GG 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.
A. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, approving a funding agreement between the City of Denton and the
Denton Affordable Housing Corporation; providing for the terms of said contract;
authorizing the City Manager to execute the agreement and to expend Home
Investment Partnership Program funds with respect to the agreement; and
providing for an effective date.
B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute an agreement between the City and Fred Moore Day
Nursery School to provide Community Development Block Grant funds for
improvements to the facility at 821 Cross Timber Street, Denton, Texas;
authorizing the expenditure of funds therefor, not to exceed $286,759; and
providing for an effective date.
City of Denton City Council Agenda
October 16, 2012
Page 5
C. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, approving guidelines for operation of the City of Denton Home
Improvement Program and eligibility criteria; authorizing expenditures in excess
of $50,000 for projects meeting program guidelines and criteria; and providing for
an effective date.
D. Consider a request for an exception to the Noise Ordinance for the purpose of an
increase in decibels for amplified music for Fry Street’s First Annual Wake
Poolooza, to be held between addresses 101-125 Avenue A, on Saturday, October
20, 2012, beginning at 3 p.m. and concluding at 10 p.m. This request is for an
extension of decibels for amplified sound from the allowable 70 to 75 decibels.
Staff recommends approving the amplified sound to 75 decibels.
E. Consider adoption of an ordinance of the City of Denton, Texas, amending
Ordinance No. 2010-293 prescribing the number of positions in each
classification of Police Officer; prescribing the number of positions in each
classification of Fire Fighter; providing a savings clause; providing a severability
clause; and declaring an effective date.
F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager, or his designee, to enter into an Interlocal Agreement with the
North Central Texas Council of Governments for the cooperative purchasing of
actuarial shared services associated with other post-employment benefits as
defined by Governmental Accounting Standards Board (GASB) Statement
Number 45; providing a savings clause; and providing an effective date.
G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a First Amendment to 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 substation siting
and environmental assessment study for the construction of the McKinney
Substation and the Audra Substation for Denton Municipal Electric; authorizing
the expenditure of funds therefor; and providing an effective date (File 4995–in
the additional amount of not-to-exceed $75,000 for a total award of $290,515).
The Public Utilities Board recommends approval (5-0).
H. Consider adoption of an ordinance approving the expenditure of funds for Outside
Metal-Enclosed Switchgears (OMCSWG) for the City of Denton Pockrus and
McKinney Substations available from only one source in accordance with Texas
Local Government Code 252.022, exempting such purchases from requirements
of competitive bids; providing for the expenditure of funds therefor; and
providing an effective date (File 5027–awarded to S&C Electric Company, in the
amount of $279,750). The Public Utilities Board recommends approval (5-0).
I.Consider adoption of an ordinance accepting competitive proposals and awarding
an initial one (1) year contract with the option to extend for four (4) additional
one (1) year periods for the Section 125 Plan Administration of unreimbursed
health care and dependent care accounts for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (RFP 5047–
awarded to PayFlex Systems USA, Inc., in the annual estimated amount of
$62,118 and a five-year estimated expenditure of $310,590).
City of Denton City Council Agenda
October 16, 2012
Page 6
J.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Air Fair, Inc. for the
payment and use of hotel tax revenue; and providing an effective date. ($10,240)
The Hotel Occupancy Tax Committee recommends approval (3-0).
K.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Black Chamber of
Commerce for the payment and use of hotel tax revenue; and providing an
effective date. ($16,580) The Hotel Occupancy Tax Committee recommends
approval (3-0).
L.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Chamber of Commerce
(Convention and Visitor Bureau) for the payment and use of hotel tax revenue;
and providing an effective date. ($733,100) The Hotel Occupancy Tax
Committee recommends approval (3-0).
M.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Community Theatre, Inc.
for the payment and use of hotel tax revenue; and providing an effective date.
($23,010) The Hotel Occupancy Tax Committee recommends approval (3-0).
N.Consider adoption of an ordinance authorizing the City Manager to execute an
interlocal agreement between the City of Denton and Denton County for the
payment and use of hotel tax revenue in support of the Courthouse-on-the-Square,
the Bayless-Selby House, African American, Old No. 14 Fire House, Elm Ridge
Church, Welcome Center, and Outhouse Museums; and providing an effective
date. ($108,570) The Hotel Occupancy Tax Committee recommends approval
(3-0).
O.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Denton Dog Days, Inc. for the
payment and use of hotel tax revenue; and providing an effective date. ($14,590)
The Hotel Occupancy Tax Committee recommends approval (3-0).
P.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Festival Foundation for the
payment and use of hotel tax revenue; and providing an effective date. ($82,820)
The Hotel Occupancy Tax Committee recommends approval (3-0).
Q.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Greater Denton Arts Council for
the payment and use of hotel tax revenue; and providing an effective date.
($117,780) The Hotel Occupancy Tax Committee recommends approval (3-0).
R.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Holiday Festival
Association, Inc. for the payment and use of hotel tax revenue; and providing an
effective date. ($7,640) The Hotel Occupancy Tax Committee recommends
approval (3-0).
City of Denton City Council Agenda
October 16, 2012
Page 7
S.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Central Business District
Association, Inc., d/b/a Denton Main Street Association for the payment and use
of hotel tax revenue; and providing an effective date. ($23,010) The Hotel
Occupancy Tax Committee recommends approval (3-0).
T.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Music Theatre of Denton for the
payment and use of hotel tax revenue; and providing an effective date. ($5,000)
The Hotel Occupancy Tax Committee recommends approval (3-0).
U.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the North Texas State Fair Association
for the payment and use of hotel tax revenue; and providing an effective date.
($73,620) The Hotel Occupancy Tax Committee recommends approval (3-0).
V. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Susan G. Komen for the Cure
Advocacy Alliance (North Texas Affiliate) for the payment and use of hotel tax
revenue; and providing an effective date. ($10,000)The Hotel Occupancy Tax
Committee recommends approval (3-0).
W. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Tejas Storytelling Association,
Inc. for the payment and use of hotel tax revenue; and providing an effective date.
($50,610) The Hotel Occupancy Tax Committee recommends approval (3-0).
X. Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Texas Filmmakers’ Corporation for
the payment and use of hotel tax revenue; and providing an effective date.
($5,000) The Hotel Occupancy Tax Committee recommends approval (3-0).
Y. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 3.480 acre tract located in the City of
Denton, Denton County, Texas, and situated 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 to the ordinance and made a part
thereof, located generally along the 2500 block 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 (1)
Gary Dennis Dillard (the “Owner”); (2) successors in interest to the owner to the
Property Interests; or (3) any other owners of the Property Interests, to purchase
the Property Interests for the purchase price of Three Hundred Twenty Six
00
Thousand Two Hundred Eight Dollars and No Cents ($326,208.), and other
consideration as prescribed in the Contract of Sale (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. (69kV
Transmission Line Re-build Project)
City of Denton City Council Agenda
October 16, 2012
Page 8
Z. Consider adoption of an ordinance approving an Advance Funding Agreement for
a project using funds held in the State Highway 121 Subaccount in the amount of
$847,511.73 between the City of Denton and the State of Texas for the removal of
medians and the placement of temporary pavement along U.S. Highway 380 from
east of Bonnie Brae Street to U.S. Highway 377 in the City of Denton,
authorizing the City Manager or his designee to execute said agreement on behalf
of the City of Denton and to expend funds as necessary under said agreement; and
declaring an effective date.
AA. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to an approximate 1.9088 acre tract located in the City of
Denton, Denton County, Texas, and situated in the R. B. Longbottom Survey,
Abstract Number 775, City of Denton, Denton County, Texas, as more
particularly described on Exhibit “A”, attached to the ordinance and made a part
thereof, located generally along the south line of Virginia Circle, just south of
University, (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 (1) C. S. Residential, Inc. (the “Owner”); (2) successors in interest to
the owner to the Property Interests; or (3) any other owners of the Property
Interests, to purchase the Property Interests for the purchase price of Two
Hundred Twenty Eight Thousand Six Hundred Fifty Two Dollars and No Cents
00
($228,652.), and other consideration as prescribed in the Contract of Sale (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. (69kV Transmission Line Re-build Project Parcel 27 Purple Route)
BB. Consider adoption of an ordinance of the City of Denton, Texas approving the
“Wholesale Wastewater Treatment Services contract between the cities of Denton
and Corinth, Texas;” authorizing the expenditure of funds therefor; and providing
an effective date.
CC. Consider approval of the minutes of:
September 11, 2012
September 18, 2012
October 1, 2012
October 2, 2012
DD. Consider approval of a resolution reviewing and adopting revisions to the
Investment Policy regarding funds for the City of Denton; and providing an
effective date.
EE. Consider adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to pay and deposit the sum of $250,000 in escrow
with the Electric Reliability Council of Texas (ERCOT), as financial assurance
regarding the auction of congestion revenue rights and pre-assigned congestion
revenue rights pursuant to ERCOT Nodal Protocol Revision Request (NPRR
400), to be held by ERCOT pending the future congestion revenue rights
auctions; and providing an effective date.
City of Denton City Council Agenda
October 16, 2012
Page 9
FF. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) fee simple to a 4.69 acre tract; (II) a utility and slope easement
encumbering 0.56 acre; and (III) a utility and drainage easement encumbering a
0.02 acre, said tracts located in the A. Tompkins Survey, Abstract Number 1246,
and located in the City of Denton, Denton County, Texas, as more particularly
described on Exhibit “A”, attached to the ordinance, located generally in the 2400
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 (1) Harlan
Properties, Inc. (the “Owner”); (2) successors in interest to the owner to the
Property Interests; or (3) any other owners of the Property Interests, as may be
applicable, to purchase the Property Interests for the purchase price of One
Hundred Fifty Thousand One Hundred Sixty Three Dollars and No Cents
00
($150,163.), 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. (Bonnie Brae Widening and Improvements project – Parcel 25)
GG. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) fee simple to a 5.59 acre tract; (II) a drainage easement encumbering
1.7 acre; (III) a slope easement encumbering 2.83 acres; and (IV) a temporary
construction, grading and access easement encumbering a 0.06 acre tract, said
tracts located in the William Roark Survey, Abstract Number 1087, James L.
Harris Survey, Abstract No. 555 and James Edmonson Survey, Abstract Number
400 and located in the City of Denton, Denton County, Texas, as more
particularly described on Exhibit “A”, attached to the ordinance, located generally
in the 4500 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 (1)
Richard A. Gray, Jr. (the “Owner”); (2) successors in interest to the owner to the
Property Interests; or (3) any other owners of the Property Interests, as may be
applicable, to purchase the Property Interests for the purchase price of Three
Hundred Twenty Two Thousand Nine Hundred Nineteen Dollars and No Cents
00
($322,919.), 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. (Bonnie Brae Widening and Improvements project – Parcel 39)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager or his designee to execute a Contract of Sale (herein so called), as
attached hereto and made a part hereof as Exhibit “A”, by and between the City of
Denton, (the “City”), and Rayzor Investments Ltd., ( as “Seller”) contemplating
the sale by Seller and purchase by City of a called 26.6002 acre tract of land
more or less, for the purchase price of One Million Dollars and No/100
00
($1,000,000.), said Real Property being generally located in the 3800 block of
Elm Street south of Riney Road, and north of North Lakes Park, and located in
the N.H. Meisenheimer Survey, Abstract Number 810, Denton County, Texas;
City of Denton City Council Agenda
October 16, 2012
Page 10
authorizing the City Manager, or his designee, to execute and deliver any and all
other documents necessary to accomplish closing of the transactions contemplated
by the Contract of Sale; authorizing the expenditure of funds therefor; and
providing an effective date.
B.Consider approval of a resolution naming the proposed athletic complex at North
Lakes Park after G. Roland Vela.
C.Consider nominations/appointments to the City’s Boards & Commissions:
1. Health & Building Standards Commission
2. Human Services Advisory Committee
3. Parks, Recreation and Beautification Board
4. Public Art Committee
6. CITIZEN REPORTS
7. 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 upcoming
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 taken, 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 reminder about an upcoming 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.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the ________day of ___________________, 2012 at ________o'clock (a.m.) (p.m.)
__________________________________________
CITYSECRETARY
NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN
ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILLPROVIDE
SIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIFREQUESTEDATLEAST
48HOURSINADVANCEOFTHESCHEDULEDMEETING.PLEASECALLTHECITY
SECRETARY'SOFFICEAT349-8309ORUSETELECOMMUNICATIONSDEVICESFORTHE
DEAF(TDD)BYCALLING1-800-RELAY-TXSOTHATASIGNLANGUAGEINTERPRETERCAN
BESCHEDULEDTHROUGHTHECITYSECRETARY’SOFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: October 16, 2012
DEPARTMENT: Planning and Development
ACM: John Cabrales
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the intent to develop a legal
process for Tree Trusts as a mitigation option for the Denton Development Code, Subchapter
35.13.7, and the creation of a Tree Fund advisory committee to make recommendations on the
criteria used to purchase properties, and suggest guidelines for Tree Fund expenditures for
PROPOSAL
Staff is requesting to establish the legal process for a fourth tree mitigation option currently
stipulated in the Denton Development Code (DDC) Section 35.13.7.A.7.f - Tree Trusts, and that
a second party be contracted to work closely with staff in creating the criteria for tree mitigation
within the City of Denton.
In order to facilitate the expenditure of Tree Funds, staff is recommending a Council appointed
Citizen Advisory Committee to develop criteria for the purchase of the land within the City
limits. The criteria would be used by City Staff, who possess the expertise to make
recommendations on Tree Fund expenditures to the Committee on the Environment and the City
Council.
BACKGROUND
In 2004, the City of Denton approved DDC, Section 35.13.7 - Tree Preservation and Landscape
Requirements. As part of the newly adopted ordinance, a section referred to as Tree Trusts,
35.13.7.A.7.f, was approved as one of four options for tree removal mitigation to developers.
The other three options being: payment in to the Tree Mitigation Fund or Tree Fund; replanting
the number of inches required for mitigation back on the site after development; or getting
approval for an Alternative Tree Preservation Plan (ATP) through the Planning and Zoning
Commission.
Tree Trusts
The DDC has established the following criteria for Tree Trusts. According to Section 35.13.7.A.f
Tree Trusts are:
i.Areas of a minimum one acre that have the characteristics of Cross Timber Forests are
eligible to be classified as a Tree Trust.
Agenda Information Sheet
October 16, 2012 Work Session
Page 2
ii.Designation of a Tree Trust and transfer of tree credits shall be approved by the Denton
Review Committee (DRC) Chairman.
iii.Tree Trusts shall be preserved with a permanent easement that shall limit any future land
disturbing activity or construction that would impact and/or damage the tree(s) and shall
run with the land and be binding upon all successors and assigns of the current owner.
Methods for the long-term conservation of said trees may include permanent
conservation easements, restrictive covenants, or other such legal mechanisms.
iv.Only portions of a Tree Trust not designated towards tree credit may be used for
mitigation as identified on this Subsection.
v.Trees that are required to be preserved in compliance with other development regulations
shall not be credited towards the Tree Trust.
vi.Areas that are un-developable, including but not limited to undeveloped floodplain,
wetlands and riparian areas, shall not be designated as Tree Trusts.
meeting the tree preservation section requirements. It allows for a transfer in tree credits from
one property to another equivalent in value and places an easement on the future development
rights in perpetuity. This can be accomplished through a conservation easement placed on the
property either through an outside party or within the City through the Parks Department.
The benefits of Tree Trusts to property owners are, they receive a tax break, the property can be
maintained in the current configuration for future generations to enjoy, and that portion of the
property encumbered by the easement may not be developed.
To date, the Tree Trust option has not been utilized by staff or developers; due to the lack of a
specific process being approved to ensure proper legal procedures are followed and met.
Council has directed staff to develop recommendations regarding properties that would be ideal
to purchase using Tree Fund monies.
Tree Fund
The Tree Fund is a mitigation option in lieu of replanting trees onsite or applying for an ATP.
The Tree Fund Section states, 35.13.7.A.7.e:
i.The City shall administer the Tree Fund. Tree funds shall be used to purchase plant and
maintain trees on public property, to preserve wooded property that remains in a
naturalistic state in perpetuity, to perform and maintain a city-wide tree inventory and to
educate citizens and developers on the benefits and value of trees.
ii.The applicant shall pay the fees established by City Council and published in the
Development Review Fee Schedule in the Application Criteria Manual. The fee shall be
based on the fair market value of materials and labor at the time of planting and the
reasonable estimated cost for maintenance and irrigation for a period of (3) years.
Fees contributed to the Tree Fund shall be paid prior to the issuance of a Clearing and
iii.
Grading Permit on all Commercial, Industrial, or Multi-Family Residential developments,
Agenda Information Sheet
October 16, 2012 Work Session
Page 3
prior to final approval of a Gas Well Development Plat and prior to filing a Final Plat in
-family Residential Subdivisions.
Developers pay into the Tree Fund when mitigation is required on the property being developed
and they opt not to replant the inches back on site. Developers pay $125 per mitigated inch into
the Tree Fund to meet the requirements of Subchapter 35.13.7 of the Tree Preservation and
Landscape Requirements.
Staff is proposing a City Council appointed, short term citizens committee to develop criteria to
use towards selecting properties for purchase with Tree Fund monies. The citizen committee will
create a matrix, which will be used by staff when selecting potential properties for purchase.
OPTIONS
1.Authorize staff to proceed with Tree Trust criteria development through an outside source
and approve the creation of a City Council appointed Citizens Advisory Committee to
develop the criteria for Tree Fund property purchase.
2.
Recommend no actions at this time.
EXHIBITS
PowerPoint Presentation
1.
Prepared by:
Angie Kralik
Urban Forester
Respectfully submitted:
Brian Lockley, AICP, CPM
Interim Director, Planning and Development
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Utility Administration
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Receive a report and hold a discussion and give staff an update on the possible closure of Nowlin
Road.
BACKGROUND
Utility and CIP Engineering staff received a number of complaints from a citizen regarding
vehicles cutting through the Wheeler Ridge Phase IV neighborhood to and from the direction of
the Wynstone at Oakmont neighborhood to the east, specifically traveling from Pinehills Lane to
Longleaf Lane and then Hickory Creek Road (refer to Exhibit 1). Nowlin Road is being used to
go from Pinehills Lane to Longleaf Lane and vice versa for the purposes of commuting back and
forth between the neighborhoods located east of the FM 2499 ROW and Hickory Creek Road,
primarily to gain access to and from FM 2181 and the Kroger shopping center at the intersection
of Hickory Creek Road and FM 2181. The nature of the complaints received by Engineering
was that the traffic volumes were heavy and the speeds of the cut-through traffic were excessive.
Engineering staff researched the history of Nowlin Road, traffic volumes, accident reports, the
construction timeline for FM 2499 Section V and community feedback on the possible closure of
the road. All of this information was presented to the Traffic Safety Commission at their
meeting on July 16, 2012 (refer to the minutes included herein as Exhibit 2 and the backup for
th
this item from the July 16 meeting included herein in total as Exhibit 3). Staff’s
recommendation to the Traffic Safety Commission at that meeting was to not recommend the
closure of Nowlin Road to City Council, based on the information gathered and community
feedback. The Commission elected to open the floor to citizen input, and a total of 19 speakers
addressed the body (several of the speakers came from the same households and eight of them
had provided the same stance or feedback via email or telephone input to City staff). The
Commission then voted to table the item and asked staff to gather additional information:
1.Can speed humps be installed in Nowlin Road? – The Fire Marshall has responded that
speed humps would not normally be approved for installation in Nowlin Road. He has
indicated that, inasmuch as the roadway is temporary in nature and serves as a secondary
point of access to the Wynstone at Oakmont neighborhood, he would consider allowing
the installation of humps on Nowlin Road but not if gates are also installed. As a point of
reference, the Fire Marshall stated that speed humps induce almost the same amount of
delay in response time as a gate with the added negative of possible damage to
equipment. In addition, it is worth noting that the installation of speed humps on Nowlin
Page 2 of 3
Road, which by the very nature of its existing configuration should slow vehicles down,
will likely have no effect on motorists’ speeds on the neighborhood streets. It may well
have the opposite effect, as with unwarranted stop signs drivers which have a tendency to
speed anyway may perceive a delay in negotiating the humps and try to make up for “lost
time” after clearing them.
2.Are there other areas with comparable populations to these neighborhoods having locked
gates through which emergency vehicles must proceed to gain access? – Staff replied in
the meeting that secondary fire/emergency access to apartment complexes is comparable
in nature with a higher population density. Examples of such installations would be the
Providence Village apartments at the end of Quail Creek Road, the new apartments
located at the previous Home Depot site with the secondary access off Locust Street, and
the retirement village off Spencer Road. Some of these facilities may have Opticon gates
that operate similar to the preemptive sensors on traffic signals. The Fire Department
allows these installations but requires that they have manual backup systems since the
Opticon sensors do fail on occasion. Each of these gates is reported to cost at least
$15,000. Gates which are supplied with manual locks only are not equipped with any
special locking mechanism but simply with a padlock and chain. To gain access, the Fire
Department cuts the chain and passes through the gate, incurring a 2 to 3 minute delay
per gate.
3.What is the effect of gate installations on emergency vehicle response times? –
According to the Fire Marshall, each gate will add two to three minutes to a response
time. Inasmuch as Nowlin Road is serving as secondary fire access to the Wynstone at
Oakmont neighborhood, the Fire Department would have no objection to the installation
of two gates (one on each end of the road).
th
The citizens addressing the Traffic Safety Commission on July 16represented an additional ten
households that had not previously provided input on the matter to staff. Of these ten
households, four wanted to leave the connection open and six wanted it closed. Staff received
two follow-up emails on the matter from households that had not previously provided input on
the matter to staff, both of which were in favor of leaving the connection open. This additional
feedback puts the total number of responses received to date at 121. Out of the total number of
responses received, 21 (approximately 17%) were for the closure of Nowlin Road and 100
(approximately 83%) were opposed to the closure. As before, the map illustrating the feedback
from the households in close proximity to the roadway shows that a clear majority of these
residents are in favor of the roadway remaining open (refer to Exhibit 4).
Staff’s recommendation at the September 10, 2012 meeting of the Traffic Safety Commission
was for the Commission to “decline to make a recommendation to the City Council to close
Nowlin Road. Although Erin Lane is clearly overloaded, it does not appear that the elimination
of the Nowlin Road connection will completely relieve that congestion and the complete removal
of the connection represents a safety concern with regard to emergency vehicle access. The
installation of gates will still allow emergency vehicular access, but would appear to be
overwhelmingly opposed by the residents in the area.” The Traffic Safety Commission voted 4-
3 to recommend to City Council that the roadway be closed.
Page 3 of 3
OPTIONS
1.Direct staff to bring forward an action item for the closure of the temporary Nowlin Road
connection through the installation of gates.
2.Direct staff to leave Nowlin Road in its existing configuration pending construction of FM
2499 Section V. Construction of this section of FM 2499 is anticipated to begin in FY 2014.
RECOMMENDATION
Staff recommends that Nowlin Road be left open for through traffic pending the construction of
FM 2499 Section V.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Traffic Safety Commission on July 16, 2012
1..
2.Traffic Safety Commission on September 10, 2012.
FISCAL INFORMATION
Not applicable at this time.
BID INFORMATION
Not applicable.
EXHIBITS
1.Nowlin Road Aerial Photograph.
2.Draft Minutes from Traffic Safety Commission meeting on July 16, 2012.
3.Backup from July 16, 2012 meeting.
4.Nowlin Road Citizen Input Distribution Map.
5.Draft Minutes from Traffic Safety Commission meeting on September 10, 2012.
Respectfully submitted,
Frank G. Payne, P.E.
City Engineer
EXHIBIT1
EXHIBIT2
TRAFFIC SAFETY COMMISSION AGENDA ITEM #1
1
2
3DRAFT MINUTES
4TRAFFIC SAFETY COMMISSION
5July 16, 2012
6
7After determining that a quorum of the Traffic Safety Commission of the City of Denton, Texas
8was present, the Chair of the Traffic Safety Commission thereafter convened into an Open
9Meeting on Monday, July 16, 2012, at 5:30 p.m. in the City Council Chambers, City of Denton
10City Hall, 215 E. McKinney Street, Denton, Texas.
11
Present
12: Chair Wally Campbell, Connie Baker, John Murphy, Carmen Lipscomb, Pat
13Cheek and Gilmore Morris
14
Also Present
15: Jim Coulter, Director Water Utilities and Staff Liaison
16 Frank Payne, City Engineer
17Kim Mankin, Administrative Supervisor
18
OPEN MEETING:
19
20
211)Consider recommending approval of Traffic Safety Commission meeting minutes
22a)May 7, 2012 one change page 6 line 18 should be Draper instead of Murphy.
23Approved with change.
24b)June 4, 2012 Approved no changes.
25
262)Receive a report, hold a discussion and make a recommendation on the possible closure of
.
27Nowlin Road
28
29Frank Payne, City Engineer, made the presentation. Payne stated that staff has received input on
30the closure of Nowlin Road. The initial question was raised from a citizen in the Wheeler Ridge
31subdivision about the cut through traffic. Payne gave some background and reported what staff
32did and reported what information was received from the citizens.
33
34Wheeler Ridge P
35Nowlin Road. Originally it went from Pine Hills straight out to Teasley (2181). Payne showed a
36map of the area and stated that Nowlin Road was abandoned by ordinance largely across the
37section of Wheeler Ridge. There is a small piece of the road that still exists and is still called
38Nowlin Road. The end of the cut through is actually a platted lot within the Wheeler Ridge
39subdivision. The City received a use agreement from the developer when the subdivision was
40platted. The reason that the cut through road was put in was because by removing Nowlin Road
41there was only one way in and one way out for Emergency Services vehicles for the Wind Stone
42area. The thought in 2005 was that TxDOT would come in and build 2499 Section 5 at any time.
43That has turned into about nine years now.
44
45Staff did some traffic counts in the area. The reasoning for the counts was to see if you could
46characterize the traffic coming from any particular place. In the Denton Development Code a
Draft Traffic Safety Commission Minutes
July 16, 2012
Page 2 of 7
1residential street has a capacity of up to 800 vehicle trips per day, and services 20 or fewer
2residences. If it is 20 or more residences, mixed use development or more than 800 vehicle trips
3per day it is a collector street. Nowlin is neither a residential or collector, it is closer to a rural
4estate section. It is way over capacity. The counts in your back up show that it is way over
5capacity. Erin Road was also over capacity. Again the counts do not show where the traffic is
6coming from. If Nowlin is closed it will not relieve all the traffic on Erin Road.
7
8Payne stated that one other thing that staff looked at was accidents. Going back to 2008 there
9were four traffic accidents on record with the Denton Police Department in the area, three were
10on Longleaf Lane, and the other was on Hickory Creek Road. Denton Police Department stated
11that there have been four traffic complaints from early 2011 to May 2012 which consisted of
12speeding within the Wheeler Ridge subdivision. In as much as staff had the complaint and
13Council had received some feedback the only real way to relieve the cut through traffic is to
14disconnect the road. There are a couple of different ways to do that. One is to remove the
15pavement or block it the other is to install gates. Staff was considering gates because that would
16allow emergency services vehicles access to the area. They would lose a little time but would
17still have access to Windstone. Installation of the gates would be $3,000-$5,000. Staff decided
18to get more information before any construction occurred. Signs were put out back in March
19asking people in the area to call or email feedback on this issue. There was a significant amount
20of responses. There were 109 responses; some were different citizens at the same address. Out
21of the 109 there were 15 for closing the road and 94 for leaving it open. Payne showed a map
22with responses marked. Ther
23in Corinth, 13 the addresses
24
25The options that are before the Commission are to recommend closure to City Council or to
26make no recommendation. What staff recommends is that we do not make a recommendation to
27City Council.
28
29Payne then stated that the best information that we have on 2499 is what TxDOT publishes. We
30make plans and we sell bonds for utility relocates based on what the State says. Back in 2005,
31Section 5 of 2499 was to build at any time. That is how the development people interacted with
32the developers that came in. Late last year the City entered into a contract with TxDOT to move
33some of our utilities because they were going to be out building the road right now. After that
34agreement has been entered into and some of that work had been bid out staff found out that it
35had been pushed to 2013 and TxDOT published 2014. In their defense they do have money
36matters they have people that are moving money that is outside of their control. With that being
37Section 5 of
382499 before 2014. Because of that reason and because of the emergency concerns, staff believes
39the road needs to remain as is.
40
41Murphy asked if it was on the agenda for residents to speak. Payne stated that it is not but is at
42the Traffic Safety Commissions discretion.
43
Draft Traffic Safety Commission Minutes
July 16, 2012
Page 3 of 7
1Chair Campbell asked for a show of hands on how many would like to speak. Several hands
2went up. Campbell stated they have two minutes to speak and to say their name and address
3first.
4
51)Deborah Signor 6812 Hayling Way also representing her mother-in-law which is at
66817 Hayling Way. Safety issues. Child at Guyer. Closing would add 14 miles per day.
7Mother-in-law has health issues. Open
82)Young Vinales 6308 Pine Hills Lane small children, people speeding that are not
9residents close
103)Richard Hamer 6713 Purebeck Trail believes resolution would be police enforcement
11of speed, open until 2499 complete open
124)Pat Hamer 6713 Purebeck Trail convenient to Kroger, problem with speed, speed
13bumps may help open
145)Miguel Vinales 6308 Pine Hills Lane traffic control, stop signs, the three way
15intersection in Wheeler Ridge is dangerous close
166)Gene Hanley 6624 Urbec Trail has called PD about a year ago packed road, a child
17could walk out and get hit, highly risky area, speed bumps, better signage, police
18enforcement, parking on one side of the street - close
197)Rose Laserinko 6600 Hayling Way unsafe road, lives at the corner of Hayling and
20Pine Hills, Nowlin narrow and dangerous - close
21
22Pat Cheek asked staff to inform the citizens on how you get a speed bump. Jim Coulter stated
23there is a petition process that the neighborhood can go through. Cheek clarified that the
24neighborhood has to pay for the speed bump. Coulter stated normally they would in this case he
25would have to look at it.
26
278)Tom Brant Hayling Way community swimming pool, safety, residential street,
28Nowlin Street is in his
29vehicles, speeding, trash, property values are declining close
309)Larry Myers 6105 Pine Hills Lane 5 yrs, POA board for Oakmont, two roll over
31vehicle accidents in Corinth area, speed limit sign needed, morning and evening rush
32from school - close
3310)Chris Vrazel 6412 Pine Hills Lane stop signs, children, was told that speed bumps not
34possible because of emergency vehicles, not enough officers, told it would be dead end
35street, children play in back yard only close
3611)Jack Burdett Alterbrook Lane closed off from Denton if closed, have to go through
37Corinth to get to Denton, maybe re-route Nowlin open
38
39Cheek believes Emergency vehicles can go over speed bumps, they do in her neighborhood.
40Payne responded that when a request is received it is given to the fire department if it is a
41through street for fire access they will not approve it. Cheek stated then maybe stop signs might
42be the answer. Payne stated that if a stop sign meets the warrants, staff can look at putting them
43
44
Draft Traffic Safety Commission Minutes
July 16, 2012
Page 4 of 7
1Morris stated that it seems that we ke
2officers on the streets for enforcement.
3
4
5arbitrary decision without public input.
6
7Payne stated that when this subdivision was platted, staff was basing decisions on what the State
8had said about the installation of 2499. This road was put in as a temporary road.
9
10Murphy asked Payne what will happen to Nowlin Road when 2499 is complete in that area.
11Payne stated that Nowlin Road will cease to exist when Section 5 of 2499 is completed. Pinehill
12Phase 4
13the developer will be allowed to put a house on it. Murphy then stated that the emergency
14vehicle access will be taken care of by the new intersection. Payne agreed.
15
1612)John Call - 6912 Trubeck Trail Greens of Oakmont emergency services used a lot in
17that area open
1813)Lindsey Goodman Ocean Drive work at UNT, Teasley is a nightmare in the morning,
19takes Nowlin as a cut through, three way intersection is confusing, signage, speed bumps,
20open
2114)Jim Costulis 6612 Hayling Way re-route Nowlin, flashing stop signs, lower speed
22limit open
2315)Raynor Mallory 3405 Groveland Terrace speeding, volume of traffic is way too high
24 close
2516)Pamela Mallory 3405 Groveland Terrace brought pictures of the amount of traffic and
26congestion, road like a thorough fare, children, buses, safety more important than
27convenience, speeding close
2817)Joshua Mallory 3405 Groveland Terrace Kroger and Teasley, speeding, resident road
29used as a commercial road, 2499 needs to come in soon city responsible for wheeler
30ridge, potential accidents close
3118)Stacy Branam 6609 Hayling Way 10 years, safety, community park and pool that
32children walk to, convenience not as important as safety close
33
34Carmen asked staff about how EMS would work if the road was closed. Payne stated that it
35would not be closed due to the EMS, we would have to install gates. If the recommendation
36goes to Council that it needs to be closed we are talking about gates that EMS would have to stop
37and open.
38
3919)Mack Branam 6609 Hayling Way close
40
41Murphy asked how the gate would work in the case of a fire or emergency call. Payne
42responded that they spoke with the fire department and that was something they could live with.
43The gate would be on the backside of the lot in Wheeler Ridge and another gate where the road
44comes into Pine Hills lane. We will not put the gate on TxDOT right of way. There would be a
Draft Traffic Safety Commission Minutes
July 16, 2012
Page 5 of 7
1special lock, this is not unheard of. It does happen and the fire department said they can live
2with it. Murphy asked if there are other areas with locks on gates with population as large as it is
3
4would be higher than this area.
5Cheek stated that when she was on the Traffic Safety Commission in the ccess to
6Township II was closed, it was used as a cut through to the mall. There was a gate put up but is
7unsure if it can be opened or not. It was in response to the neighborhood. Cheek went on to say
8onses to keep the road open and 15 to close. Sounds like
9a mandate. Cheek understands there are people here to talk about this closure. Murphy asked for
10the numbers for this meeting. Payne stated without comparison to the calls and e-mails he is
11unsure of the numbers.
12Morris asked if there was some sort of remote gate that could be used. Also would it be possible
13to use one gate. Payne answered that a remote entry has not been looked into. One gate has not
14been looked at because of the nuisance factor. Also unless it is gated or fenced, people will drive
15around the area.
16
17Cheek moved to table this item to hear from staff before the next meeting before a
18recommendation is made. Carmen seconded 6-0 approved.
19
20Murphy asked to include info from EMS response with our without a gate and speeding.
21
22Carmen asked for comparison information for other gated areas. Payne agreed to find that
23information.
24
253)Receive a report, hold a discussion and make a recommendation on the Bike Lane
26accommodation for Pennsylvania Drive.
27Coulter stated that on the issue of the Pennsylvania Drive for bike accommodations. Two public
28meeting that had overwhelming results to not provide bike accommodations.
29recommendation to not put Bike accommodations on Pennsylvania Drive.
30
31-0 approved.
32
334)Receive a report, hold a discussion and give staff direction regarding the prioritization of the
34bicycle accommodation projects.
35
36Coulter stated that there was a meeting with Howard Draper and a couple of council members after
37the last public meeting for Pennsylvania. They met with Commissioner Coleman concerning the
38money that had been set aside for the bike accommodations. He did mention that he would be
39willing to let that money be used on another project as long as it was in his precinct. The
40recommendation from Coleman and the Council Members were to look at Windsor from Old North
41Road to Bonnie Brae as a possible use for those funds. Staff will look at adding bicycle route
42designation sharrows and other options for that road. We will not be removing parking associated
43with this project. In some cases it might just be as simple as a sign to designate it as a bike route.
44
Draft Traffic Safety Commission Minutes
July 16, 2012
Page 6 of 7
1Staff will continue to look at the DCTA, Sycamore to Welch connection. These projects were
2priorities that City Council wanted staff to look at. This project will not require the removal of
3parking. This project will look at sign designation, and sharrows. We will not be looking at
4signalization on Carroll and Sycamore, which was $300,000 and exceeded the bike lane budget.
5Signal crossing will be at Mulberry.
6
7Originally City Council had asked for staff to look at the connection from DCTA to TWU. One of
8the issues that we have learned about from the meeting with TWU is they are working on a master
9plan and are buying up a lot of property on the eastern side of the University. There will be some
10roadway modifications associated with that. What staff is going to ask is to put DCTA to TWU on
11hold until we get clarification from TWU about their plans.
12
13In the place of TWU we are going to request traffic engineering staff to find some inexpensive bike
14projects in the area that can be facilitated much faster. It would be ones without any parking issues
15or major problems. By the time staff is ready to take this item to City Council we will have a few
16projects that we will propose bringing forward.
17
18Lastly, staff continues to get requests for Oak/Hickory bike accommodations. The major problem is
19that road is designated as an arterial. What staff wants to do is go back and study both of those
20roadways to see if there is the ability to downgrade what types of roads those are. If it becomes a
21commercial collector we can narrow the travel lane and add a bike lane without losing parking.
22That will take approximately $35,000 to do the kind of study from a traffic engineering firm to get
23us that kind of information. Because of the continued interest from the biking community staff
24would like to take that to City Council for their direction.
25
265)Election of Vice Chair Officer.
27
28Pat Cheek nominated Carmen Lipscomb for Vice Chair. Second by Morris, vote 6-0
29
306)Discussion of the Matrix representing items for discussion for future Traffic Safety Commission
31meetings.
32
33Murphy Is there any plans to add a Traffic Control Devise at Brinker and Colorado.
34Coulter stated he will get information.
35Cheek Wrong signage at Unicorn Lake, confusing.
36
377)Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the
38Traffic Safety Commission or the public with specific factual information or recitation of
39policy, or accept a proposal to place the matter on the agenda for an upcoming meeting
40AND
41Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of
42community interest regarding which no action will be taken, to include: expressions of
43thanks, congratulations, or condolence; information regarding holiday schedules; an honorary
44or salutary recognition of a public official, public employee, or other citizen; a reminder
Draft Traffic Safety Commission Minutes
July 16, 2012
Page 7 of 7
1about an upcoming event organized or sponsored by the governing body; information
2regarding a social, ceremonial, or community event organized or sponsored by an entity other
3than the governing body that was attended or is scheduled to be attended by a member of the
4governing body or an official or employee of the municipality; or an announcement
5involving an imminent threat to the public health and safety of people in the municipality that
6has arisen after the posting of the agenda.
7
8The meeting was adjourned by consensus at 6:44 p.m.
EXHIBIT3
TRAFFIC SAFETY COMMISSION AGENDA ITEM #2
AGENDA INFORMATION SHEET
AGENDA DATE:
July 16, 2012
DEPARTMENT:
Utility Administration
ACM:
Howard Martin, Utilities 349-8232
______________________________________________________________________________
SUBJECT
Receive a report, hold a discussion and make a recommendation on the possible closure of
Nowlin Road.
BACKGROUND
Utility and CIP Engineering staff have received a number of complaints from a citizen regarding
vehicles cutting through the Wheeler Ridge Phase IV neighborhood to and from the direction of
the Wynstone at Oakmont neighborhood to the east, specifically traveling from Pinehills Lane to
Longleaf Lane and then Hickory Creek Road (refer to Exhibit 1). Nowlin Road is being used to
go from Pinehills Lane to Longleaf Lane and vice versa for the purposes of commuting back and
forth between the neighborhoods located east of the FM 2499 ROW and Hickory Creek Road,
primarily to gain access to and from FM 2181 and the Kroger shopping center at the intersection
of Hickory Creek Road and FM 2181. The nature of the complaints received by Engineering
was that the traffic volumes were heavy and the speeds of the cut-through traffic were excessive.
History
Nowlin Road used to be routed to FM 2181 around roughly the north side of the Wheeler Ridge
Phase IV subdivision. Future FM 2499 Section V (from FM 2181 on the south to IH 35E on the
north) is located between the Wynstone at Oakmont and the Wheeler Ridge Phase IV
neighborhoods (refer to Exhibit 2). When the Wheeler Ridge subdivision was platted in May
2005, it was anticipated that the construction of FM 2499 Section V would occur in the very near
future. For this reason, the Wheeler Ridge developer was required to put in the temporary
Nowlin Road connection between Lot 13, Block T of Wheeler Ridge Phase IV and Pinehill Lane
so that emergency services vehicles would have dual access to the Wynstone at Oakmont
neighborhoods in the time between the removal of the old Nowlin Road connection to FM 2181
and the future construction of FM 2499.
AIS Traffic Safety Commission Agenda Item #2
July 16, 2012
Page 2 of 4
Staff Response
Initially staff attempted to try to quantify the volume of traffic using the roads to travel between
Hickory Creek Road/FM 2181 and Wynstone at Oakmont to see if the source of the traffic could
be tied down to a particular area. Directional traffic counts were taken starting on November 17,
2011 at 3:00 pm and ending on November 22, 2011 at 3:00 pm on Nowlin Road just east of
Longleaf Lane and on Erin Lane between Hickory Creek Road and Groveland Terrace. A
tabular summary of counts by day is as follows:
Friday Saturday Sunday Monday
Nowlin
Eastbound 941 616 586 724
Westbound 1074 757 680 760
Total 2015 1373 1266 1480
Erin
Northbound 1873 1357 1284 1512
Southbound 1855 1436 1283 1377
Total 3728 2793 2567 1889
Difference 1713 1520 1301 409
From the Denton Development Code (DDC)
which serves twenty (20) or less residential units within a block, and carries less than eight
designated as such by the City Mobility Plan, that has an actual or anticipated traffic flow of
eight hundred (800) VTD or greater, serves twenty-one (21) or more residential units as defined
by the Transportation Criteria Manual, or serves mixed use, industrial or commercial
not a residential street, and certainly
not a collector, by Denton design standards, so the data shows that the daily volumes are very
high for that street. Certainly the same thing can be said about Erin Lane.
The traffic counts showed a peak hour volume of almost 270 vehicles for this time period
occurring on Friday, November 18, 2011 from 4:00 to 5:00 pm. If there is no peak hourly
volume specified for a type of street, a typical standard used for this criterion is 10% of the 24-
hour count, which was 2015 for Friday, November 18, 2011, so the calculated peak hour would
be approximately 202 vehicles. The actual peak exceeded the calculated peak by about 34%.
Again, what this data is showing is that the actual traffic volume on Nowlin exceeds the expected
peak hour volume for a residential street.
The main purpose of conducting the counts was to determine if the source of the traffic on Erin
Lane was vehicles from the Wynstone at Oakmont neighborhoods. Although it does appear that
the elimination of the Nowlin Road traffic would decrease the volume on Erin Lane, Erin Lane
would still appear to be overloaded most of the time based on the DDC criteria for a residential
street. If Nowlin Road were to be closed and traffic from Wynstone at Oakmont was forced to
AIS Traffic Safety Commission Agenda Item #2
July 16, 2012
Page 3 of 4
go to Robinson Road, it might ease congestion on Erin but it will not make the problems on Erin
Lane go away completely. In fact, it does not appear that this situation will change in the near
future unless or until FM 2499 Section V is constructed and some of the traffic can funnel out to
the east to FM 2499 via Robinson Road.
In addition to the traffic counts, staff also looked for an occurrence of traffic accidents in the
area. Going back to 2008, there were a total of four traffic accidents on record: Three on
Longleaf Lane and one on Hickory Creek Road adjacent to Erin Lane. A total of four traffic
complaints were received by the Police Department from early 2011 to May 2012, consisting
mainly of speeding on Pine Hills, Nowlin and in the Wheeler Ridge subdivision.
Closure Considerations
The only real way to stop the flow of traffic back and forth between the neighborhoods as
described herein is to eliminate the temporary connection of Nowlin Road between Pinehills
Lane and Longleaf Lane. The removal of the connection would result in only a single point of
access for emergency vehicles to the Wynstone at Oakmont neighborhood (Robinson Road to
Pinehills Lane), which was the reason for the initial construction of the temporary access in the
first place as discussed. For this reason, the installation of gates on each end of Nowlin Road
that could be breached by emergency vehicles was considered and researched. Estimates
received for the construction of the gates showed their costs to be between $3,500 and $5,000
installed.
FM 2499 Section V
When staff was performing the traffic counts in late 2011, the best information available from
TxDOT at that time indicated that they intended to bid FM 2499 Section V by May 2012, with
construction beginning on the south section of the road (south of Robinson Road). What this
timing would mean was that any actions taken to close Nowlin Road with gates might well be
moot within 6 months to a year. Based on the best information staff now has from TxDOT, they
are now indicating that they intend to bid the FM 2499 construction in 2014.
Public Input
In March 2012, the City installed signs on each end of Nowlin Road (refer to Exhibit 3) in order
to inform the public of the possible closure of Nowlin Road and to invite comments or input on
the matter. From late March to July 2012, a total of 109 responses were received (primarily via
email, with some limited telephone input). Out of the total number of responses received, 15
(approximately 14%) were for the closure of Nowlin Road and 94 (approximately 86%) were
opposed to the closure. Reasons in favor of the closure ranged from safety concerns related to
the traffic to dangerous intersections to the ability to exit driveways. Reasons in opposition to
the closure ranged from safety concerns related to access to convenience.
OPTIONS
1.Make a recommendation to the City Council to close the temporary Nowlin Road connection.
AIS Traffic Safety Commission Agenda Item #2
July 16, 2012
Page 4 of 4
2.Decline to make a recommendation to City Council to close the temporary Nowlin Road
Connection.
RECOMMENDATION
Staff recommends that the Traffic Safety Commission decline to make a recommendation to the
City Council to close Nowlin Road. Although Erin Lane is clearly overloaded, it does not appear
that the elimination of the Nowlin Road connection will completely relieve that congestion and
the complete removal of the connection represents a safety concern with regard to emergency
vehicle access. The installation of gates will still allow emergency vehicular access, but would
appear to be overwhelmingly opposed by the residents in the area.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Not applicable
.
FISCAL INFORMATION
Not applicable at this time.
BID INFORMATION
Not applicable.
DATE SCHEDULED FOR COUNCIL APPROVAL
Not applicable at this time.
EXHIBITS
1.Nowlin Road
2.Wheeler Ridge Phase Four, Sheet 2 of 3
3.Possible Closure Notification Sign
Respectfully submitted,
Frank G. Payne, P.E.
City Engineer
EXHIBIT4
HOFSTRA
ANDALUSIAN
SAN LORENZO
LUCK HOLE
NTS
HICKORY CREEK
Nowlin Road Closure
No
Yes
NOWLIN ROAD CITIZEN INPUT DISTRIBUTION MAP
EXHIBIT5
TRAFFIC SAFETY COMMISSION AGENDA ITEM #1
1
2
3DRAFT MINUTES
4TRAFFIC SAFETY COMMISSION
5September 10, 2012
6
7After determining that a quorum of the Traffic Safety Commission of the City of Denton, Texas
8was present, the Chair of the Traffic Safety Commission thereafter convened into an Open
9Meeting on Monday, September 10, 2012, at 5:30 p.m. in the Service Center Training Room,
10City of Denton, 901 A Texas Street, Denton, Texas.
11
Present
12: Chair Wally Campbell, Vice Chair Carmen Lipscomb, John Murphy, Gilmore
13Morris, New Member Patrice Lykes, New Member Kenneth Leathers and New
14Member Nancy DiMarco
15
Also Present
16: Jim Coulter, Director Water Utilities and Staff Liaison
17 Frank Payne, City Engineer
18Kim Mankin, Administrative Supervisor
19
OPEN MEETING:
20
21
221)Consider recommending approval of Traffic Safety Commission meeting minutes
23a)July 16, 2012
24
Approved as circulated
25
26
272)Receive a report, hold a discussion and make a recommendation on the possible closure of
.
28Nowlin Road
29
30This item was tabled at the last meeting July 16. Commissioner Lipscomb motioned to un-table
31this item second by Chair Campbell.
32
33Frank Payne, City Engineer, gave a brief presentation of this item for the new members. On July
3416 this item was presented. Staff had received complaints from a member of the neighborhood
35in Wheeler Ridge that was concerned with cut through traffic. Payne then showed maps of the
36area in question. The basis of the complaints were speeding and cut through traffic. Back in
372005 Wheeler Ridge Phase 4 was platted. The developer was required to add in the cut through
38road so that it would maintain two points of access to the Windstone at Oakmont neighborhood.
39At the t
40happening. Right now it is our understanding that 2014 is the earliest that project will let.
41
42After some inquiries from the citizens and discussions with the City Council Member in that area
43staff went out and conducted traffic counts. It was conducted on Erin and Nowlin. Staff tried to
44see if they could attribute the source of the vehicles. The road is overloaded for a residential
45street. The only thing that will give real relief is when 2499 is constructed and Hickory Creek
46Road is extended.
Draft Traffic Safety Commission Minutes
September 10, 2012
Page 2 of 4
1Staff was also asked about traffic complaints and accidents. In 2008 there was a total of four
2traffic accidents on record for that area, three on Longleaf and one on Hickory Creek Road.
3There were four traffic complaints from Early 2011 to May 2012 they were primarily for
4speeding on Pine Hills and one on Nowlin Road. The only way to stop the traffic from going
5back and forth would be to close the road. Actually closing off the road is not an option because
6you still need to be able to get a fire truck or ambulance back and forth. Staff looked at gates the
7price would be $3,000 - $5,000 for both. Those gates would be locked and when an emergency
8vehicle came to the gate the chain would be cut and the emergency vehicles would go on
9through. This procedure would add two to three minutes per gate.
10
11Back in March signs were put up in the neighborhoods asking for feedback. There were 109
12responses shown, 94 wanted to leave the road open with 15 wanting it closed. Our GIS person
13prepared the map that shows the addresses with responses. When we conducted the meeting in
14July there were 19 people that stood up in response to this item. A lot of those were the same
15that had sent in e-mails. Payne had further calls and e-mails.
16
17Payne lastly stated that the options that were being looked at last meeting were to make a
18recommendation to Council to close the road. Some items came up from the commissioners to
19staff to go back and look and bring information. Payne stated there were three questions that
20stood out. The first question was can speed humps be installed on Nowlin Road. Originally the
21answer was no. Payne talked to the Fire Marshall and he said since this is a temporary road he
22would consider it if requested. Normally the neighborhood that request the speed humps pays
23
24humps. This road winds and you cannot go more than 10-15 mph actually on Nowlin. If we put
25speed humps it wi
26
27make up the time they had to stop.
28
29The next question was if there were other areas with comparable populations to these
30neighborhoods. Payne responded at the time apartment complexes have them. The examples of
31those apartments are; Providence Apartments, new apartments where the old Home Depot was
32(there is a secondary entrance off of Locust) and the retirement village off of Spencer Road. One
33or more of those have the opticon type of sensors like they have on traffic lights where the
34emergency vehicles can automatically open them. Each of those gates also have a secondary
35opener because they fail, they also run approximately $15,000.
36
37Lastly what is the effect on the emergency vehicle response times. It adds two to three minutes
38per gate to open them.
39
40n and looks like a majority
41of the neighborhood agrees.
42
43Morris stated that it seems like in that neighborhood the congestion area is the people that want it
44closed. If it is your corner in the dangerous area want it closed. Payne stated you would think
Draft Traffic Safety Commission Minutes
September 10, 2012
Page 3 of 4
1that but if you look at the map it shows differently. Mostly are embedded in the neighborhoods.
2Lykes stated that she is looking on the map at four in a row on Longleaf that want it closed. It
3looks like the problem is on Longleaf, not on Nowlin Road. Payne stated that from talking and
4from the last meeting their thought is because the street is open you have people coming across,
5
6Pine Hills from Robinson that is the area people are cutting through. They are using Nowlin to
7get to Longleaf and then to Hickory Creek. Those are approximately ten for closed and three for
8open. When you focus down on the roads that are directly affected by the actual traffic the
9numbers are about 3:1. Payne stated that the traffic engineer is not at the meeting he will
10respond. When you get people that respond to examples like speeding Payne would assume the
11behaviors are originating in the neighborhood. Leathers questioned if the 1,000+ cars are
12coming within the neighborhoods or from Robinson. Payne stated if you look at the data there is
13about half the traffic that is coming from Erin, the best he can tell is coming from the
14neighborhood. There is another entrance off of Teasley. Does not appear all the problem is
15coming from the Oakmont area.
16
17Morris clarified that most of the traffic is neighborhood traffic and not cut through. Payne stated
18it is by the test he can tell. Leathers stated that if he lived on
19would that many people be driving by his house every day. Leathers asked if we had a count of
20how many houses were in these neighborhoods. Payne stated he didn
21Commission knew that Nowlin was temporary.
22
23Payne stated that when 2499 is constructed there can be a house built on the Wheeler Ridge end.
24
25constructed. Payne agreed. There was some further discussion on this configuration.
26
27DiMarco asked how many vehicles use Nowlin on a daily basis. Payne stated from the traffic
28counts that staff did for four days back in November 2011, the counts were from 500 to over
291,000. Over 1,000 vehicles are well over residential street capacity. The counts from Erin Road
30are almost two times that amount.
31
32Commissioner Morris made the motion to close Nowlin. Leathers clarified that if Nowlin is
33closed the traffic on Longleaf would go away now as opposed to two or so years when 2499 is
34constructed. Campbell stated that people would also be cut off from services. Payne stated that
35it would have gates installed, would not actually be closed or cut off. Lyke asked if the
36neighborhood would absorb the cost for speed humps would they also have to absorb the cost for
37the gates. Payne answered there is a policy for speed humps there is no policy for gates. A
38source of funding has not been identified. Leathers asked if the gates become a problem at
39another TSC meeting could it be re-opened since the pavement will not be removed. Payne
40stated that if the vote at this traffic safety commission meeting is to close, the item will then go to
41City Council. It will ultimately be up to Council to decide if it is closed or not. If the vote is for
42no action it will not go to Council.
43
Draft Traffic Safety Commission Minutes
September 10, 2012
Page 4 of 4
1Leathers stated that he will second the motion to close as long as it is with a gate and chain. The
2point of the installation of the road was for emergency vehicles anyway not cut through traffic.
3Payne stated that was correct. Chair Campbell asked for those in favor of closing to vote, and
4
5recommendation, the vote was three (Campbell, Lipscomb and Lykes). DiMarco stated after she
6read all the back-up she would vote to close the street.
7
8The motion was made by Morris to close Nowlin Road with a second by Leathers, the vote was
94-3 to close.
10
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Denton Municipal Electric (DME)
ACM:
Howard Martin, 349-8232
________________________________________________________________________
SUBJECT:
Receive a report, hold a discussion, and give staff direction regarding the public involvement
process for upcoming DME Capital Improvement Projects (CIP).
BACKGROUND:
The public involvement process proposed by DME regarding its CIP will consist of a series of
public meetings to educate and gain input from customers regarding upcoming electric utility
system projects. The public meetings will consist of open houses in the areas where projects are
scheduled and formal public hearings before the Public Utility Board and City Council.
Adoption by the City Council of a formal public involvement process for DME’s CIP is desired
to assure that DME remains on schedule with the proposed projects.
The DME CIP includes twelve substation sites and over twenty-five miles of transmission line
routing during the next five years. To complete the public involvement process for this volume
of projects will require additional resources. DME has engaged Power Engineers due to their
vast experience assisting other electric utilities with hundreds of similar projects.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
Briefings were previously provided to the PUB on September 10 and the PUB approved
recommending the process on September 24, 2012.
EXHIBITS:
1. Power Point presentation on DME 5 Year CIP Land Acquisition
2. General Routing/Sitting Process Suggested for Denton Municipal Electric by Power Engineers
Respectfully submitted,
Phil Williams
General Manager
Denton Municipal Electric
Prepared by:
John Moore
Executive Manager – Energy Delivery
1
EXHIBIT2
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Community Development
ACM:
John Cabrales
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a
funding agreement between the City of Denton and the Denton Affordable Housing Corporation;
providing for the terms of said contract; authorizing the City Manager to execute the agreement
and to expend Home Investment Partnership Program funds with respect to the agreement; and
providing for an effective date.
BACKGROUND
The Denton Affordable Housing Corporation (DAHC) is a State and locally-certified
Community Housing Development Organization (CHDO). Home Investment Partnership
Program (HOME) requirements state must be
allocated to CHDO-administered programs. On an annual basis, the City of Denton allocates a
allocation to DAHC for various affordable housing
programs. s HOME allocation of $100,000 will provide DAHC with $83,640 in
funding for rehabilitation of affordable rental units housing low and moderate-income
households and $16,360 for operating costs. All rental rehabilitation project work orders will be
reviewed prior to the construction start date. It will be required that all units be brought up to
local building codes. HOME funds will be reimbursed to DAHC as projects are completed,
inspected and appropriate documentation received by the Community Development Division.
ESTIMATED PROJECT SCHEDULE
The Schedule of Contract Activities/Expenditures included in the funding agreement states that
all funds are to be expended by December 2014.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Community Development Advisory Committee recommended approval of funding for the
and operating costs. Funding for the
2012 Action Plan for Housing and Community Development.
City Council approved the Action Plan on May 1, 2012.
FISCAL INFORMATION
Funding for the proposed projects will be reimbursed to DAHC from 2012-2013
HOME allocation. HOME funding is allocated to the City of Denton by the U.S. Department of
Housing and Urban Development. City staff costs for program monitoring are paid primarily
from the HOME and Community Development Block Grant (CDBG) programs. The CD
Administrator position is funded through the General Fund.
Agenda Information Sheet
October 16, 2012
Page 2
EXHIBITS
1.Ordinance
2.Funding Agreement
Respectfully submitted:
Brian Lockley
Interim Director of Planning & Development
Prepared by:
Barbara Ross
Community Development Administrator
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Planning and Development/Community Development
ACM:
John Cabrales
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute an agreement between the City and Fred Moore Day Nursery School to provide
Community Development Block Grant funds for improvements to the facility at 821 Cross
Timber Street, Denton, Texas; authorizing the expenditure of funds therefore, not to exceed
$286,759; and providing for an effective date.
BACKGROUND
Fred Moore Day Nursery School (FMDNS) is a nonprofit childcare facility providing low-cost day
care for low to moderate-income families. FMDNS will serve a minimum of 62 children ranging in
age from six (6) weeks through five (5) years of age. Parents must be working, going to school full
time or doing a combination of both to be eligible. FMDNS is open from 6:30 am to 6:00 pm,
Monday through Friday. Fred Moore is licensed by the Texas Department of Protective and
Regulatory Services.
City of Denton Community Development Block Grant (CDBG) funds will be used to complete
the following facility improvements:
New Classroom Addition
Parking Lot and Sidewalk Improvements
ADA Modifications
Fence Replacement
Playground Improvements
Other Facility Improvements
The facility and surrounding property is currently owned by FMDNS. If, for any reason,
FMDNS were to stop providing daycare services to low and moderate-income families, the
property would revert back to the Denton Independent School District. Attached are two letters
dated April 27, 2011, from the Denton ISD stating that if this occurred, they would work with
City staff to continue providing services from the facility that would benefit low and moderate-
income families. These letters were written prior to the expenditure of $120,400 in 2010 CDBG
funding allocated for facility improvements. Due to the CDBG requirement that services
continue for a minimum of five years after project completion, staff has made a request to Dr.
Jamie Wilson, Superintendent, that the Denton ISD reaffirm this commitment prior to the
expenditure of the 2012-13 CDBG funds on FMDNS facility improvements.
Agenda Information Sheet
October 16, 2012
Page 2
ESTIMATED PROJECT SCHEDULE
Development of work specifications and bid packet by November 12, 2012
Bidding process to be completed by December 11, 2012
Work to begin in December 2012
All improvements completed by February 2013
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Community Development Advisory Committee recommended approval of funding for
improvements to the Fred Moore Day Nursery School facility. Funding for the project was
2012 Action Plan for Housing and Community Development. City Council
approved the Action Plan on May 1, 2012.
FISCAL INFORMATION
Community Development Block Grant funds are budgeted for the project. Community
Development staff costs to monitor construction and labor standards compliance is paid through
CDBG and General Fund dollars.
EXHIBITS
1.Denton ISD Correspondence
2.Ordinance
3.Funding Agreement
Respectfully submitted:
Brian Lockley
Interim Director of Planning & Development
Prepared by:
Barbara Ross
Community Development Administrator
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Community Development
ACM:
John Cabrales
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving
guidelines for operation of the City of Denton Home Improvement Program and eligibility
criteria; authorizing expenditures in excess of $50,000 for projects meeting program guidelines
and criteria; and providing for an effective date.
BACKGROUND
This ordinance approves guidelines and eligibility criteria for the 2012-13 Home Improvement
Program (HIP). Passage of this ordinance authorizes project payments that exceed $50,000 when
the project meets program eligibility criteria and guidelines.
City Council awarded Community Development Block Grants (CDBG) and Home Investment
Partnership Program (HOME) grant funds to HIP for the 2012-2013 program year as part of the
City of Denton 2012 Action Plan for Housing and Community Development. The Action Plan
was approved by City Council on May 1, 2012.
Additional funding sources may include program income, Denton County Housing Finance
Corporation grant funds, Federal Home Loan Bank grant funds and owner-provided personal
funds. An open bidding process is used for all rehabilitation and reconstruction projects.
Homeowners select their contractor from the bids that meet HIP guidelines and are within 10%
of the cost estimate.
The following revisions are being proposed to the 2012 HIP guidelines: 1.) Applicants age 62
and older will receive a 50 percent reduction to the payable loan percentage (rounded down)
from the standard loan percentage; i.e., Extremely Low income age 62 and over will pay 7
percent as a payable loan and 93 percent as a deferred loan, Very Low income age 62 and over
will pay 12 percent payable and 88 percent deferred, etc. 2.) ver
65by the Denton ISD, Item C in
Section V has been added to inform seniors that their project may be delayed to ensure that they
. 3.) based on the
revised limits provided by the Department of Housing and Urban Development (HUD). Current
limits became effective May 31, 2011.
ESTIMATED SCHEDULE OF PROJECT
The program guidelines will be in effect for owner-occupied rehabilitation and reconstruction
projects completed from October 1, 2012 through September 30, 2013.
Agenda Information Sheet
October 16, 2012
Page 2
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Community Development Advisory Committee recommended funding for the HIP and City
Council approved the recommendation on May 1, 2012, as part of the City of Denton 2012-13
Action Plan for Housing and Community Development.
FISCAL INFORMATION
Housing staff salaries related to program delivery will be paid with CDBG and HOME funds.
No General Fund dollars are included to manage this program.
EXHIBITS
1. Proposed Ordinance
2. Exhibit A: 2012 Home Improvement Program Guidelines
Respectfully submitted:
Brian Lockley, AICP, CPM
Interim Director of Planning & Development
Prepared by:
Barbara Ross
Community Development Administrator
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Parks and Recreation
ACM:
John Cabrales
______________________________________________________________________________
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of an increase in
decibels for amplified music
addresses 101-125 Avenue A, on Saturday, October 20, 2012, beginning at 3 p.m. and concluding
at 10 p.m. This request is for an extension of decibels for amplified sound from the allowable 70 to
75 decibels. Staff recommends approving the amplified sound to 75 decibels.
BACKGROUND
For this first time event, two large tanks of water will be set up in the street for professional
wakeboarders to showcase their skills as they are pulled by a cable from one tank of water to the
next, while riding their boards on the rail.
will be providing music during the wakeboarding activities. The festival will have boats on
display and various vendors. Street closures will be at 121-125 Avenue A and between Hickory
and Mulberry. This event is anticipated to be an annual event.
RECOMMENDATION
Staff recommends the exception be granted to 75 decibels, the same as approved for previous
events held near the Fry Street area.
EXHIBITS
1.Letter of Request
Respectfully submitted:
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Janie McLeod
Community Events Coordinator
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Fire Department/Police Department
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance
No. 2010-293 prescribing the number of positions in each classification of Police Officer;
prescribing the number of positions in each classification of Fire Fighter; providing a
savings clause; providing a severability clause; and declaring an effective date.
BACKGROUND
Civil Service law, Texas Local Government Code, Chapter 143, requires governing
bodies of all jurisdictions with Civil Service employees to officially authorize their exact
number of Civil Service employees. Therefore, staff requests the City Council authorize
the current number of Civil Service positions for the Police Department and Fire
Department as budgeted for FY 2012-13 and detailed below.
Fire Department:
Added six (6
Ambulance at Fire Station 1, and one (1) Fire Inspector Specialist position.
CLASSIFICATION FY2011-2012 FY2012-2013
NUMBERS NUMBERS
Fire Chief 1 1
Deputy Fire Chief 1 1
Fire Marshal 1 1
Battalion Chief-Operations 6 6
Assistant Fire Marshal 1 1
Deputy Fire Marshal (vacant) 0 0
Emergency Management Program Manager 1 1
Fire Recruitment Management Analyst 1 1
Captain 25 25
Fire Protection Engineer Associate 1 1
Fire Protection Specialist (vacant) 0 0
Driver 39 42
Fire Inspector Specialist I 4 5
Fire Inspector Specialist II (vacant) 0 0
Firefighter (and Recruits) 76 78
TOTALS 157 163
Agenda Information Sheet
October 16, 2012
Page 2
Police Department:
Added one (1) Police Lieutenant.
CLASSIFICATION 2011/2012 2012/2013
NUMBERS NUMBERS
Chief of Police 1 1
Captain 3 3
Lieutenant 7 8
Sergeant 16 16
Police Officer (and Recruits) 128 128
TOTALS 155 156
FISCAL IMPACT
There will be no additional fiscal impact due to the fact that all authorized positions have
been authorized and funded in the FY 2012/2013 budget.
If you have any questions, please call Police Chief Lee Howell or Fire Chief Chadwick.
Prepared by:
Lee Howell
Police Department
Ross Chadwick
Fire Department
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012 Questions concerning this
acquisition may be directed
DEPARTMENT:
Human Resources to Scott Payne at 349-7836
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or
his designee, to enter into an Interlocal Agreement with the North Central Texas Council of
Governments for the cooperative purchasing of actuarial shared services associated with other
post-employment benefits as defined by Governmental Accounting Standards Board (GASB)
Statement Number 45; providing a savings clause; and providing an effective date.
BACKGROUND
In 2004, the Governmental Accounting Standards Board (GASB) issued Statement No. 45,
Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than
Pensions. While the statement was issued in 2004, the timeframe for implementation was based
on the size of the reporting entity’s budget. For the City of Denton, GASB 45 became effective
with the financial report as of September 30, 2008.
GASB 45 applies to governmental entities that offer retiree benefits such as medical, dental,
vision, life and disability, collectively referred to by GASB as Other Post-Employment Benefits
(OPEB). Public entities have typically funded these expenses on a cash or “pay as you go” basis.
In other words, the cost for each year’s benefits came from that year’s revenues. GASB 45
requires public entities to calculate and disclose in their financial statements the unfunded
actuarial accrued liability (UAAL) and the actuarial value of new benefits earned each year by
active employees. This means that a government must account for the actuarial value of benefits
that retirees are receiving at the current time, as well as the actuarial value of potential future
benefits that active employees may receive when they retire.
An additional component of the GASB liability calculation is the “implied subsidy.” This
subsidy represents the fact that retirees typically pay a lower premium/contribution by being part
of the overall plan than if they were underwritten as a separate group. In other words, the fact
that their lives are included with the lives of active employees, and the fact that their claims are
“pooled” with the active employee’s claims, yields a lower monthly premium/contribution for
them.
Depending on the size of the retiree group, the level of retiree health coverage funding provided
by the entity, the benefit structure and other factors, the UAAL for some entities can be
staggering. Fortunately, GASB 45 does not require that the full UAAL be accrued as a liability
Agenda Information Sheet
October 16, 2012
Page 2
BACKGROUND (CONTINUED)
on the balance sheet in the first year. Instead, governmental entities are required to calculate and
record an “annual required contribution” (ARC). The ARC amount includes the present value of
the future benefits earned during the year by active employees (referred to as the “normal costs”)
and a cost to amortize the UAAL over a 30 year time period. The difference between the ARC
and the actual contribution paid is recorded as a net OPEB obligation over time.
It should be noted that while GASB 45 requires governmental entities to account for the
liabilities associated with OPEB, it does not require them to be funded. However, if the
governmental entity funds the entire ARC amount each year, then there is no increase in the
balance sheet liability for OPEB. Any amount of the ARC that is not funded must be recorded as
a liability--a liability that continues to grow each year with interest.
The City’s GASB Statement No. 45 liability has been discusses at length with the Audit/Finance
Committee and the City Council. The City Council has agreed with the staff recommendation to
fund the City’s OPEB costs on a pay-as-you-go basis. This approach has been recommended
since 1) this provides the lowest cost approach, 2) the ARC is relatively small in comparison to
the City’s overall budget, and 3) the pay-as-you-go cost is not forecast to exceed the ARC until
approximately the year 2031. However, staff is committed to reevaluating our GASB 45
liabilities on an on-going basis, thus necessitating the actuarial study.
Milliman, Inc. was hired to perform GASB 45 valuations in 2006, 2007, and 2009. The City is
seeking to use Gabriel Roeder Smith & Company (GRS) to complete our current valuation as of
October 1, 2011. The most advantageous pricing for this service is through the North Central
Texas Council of Governments (NCTCOG) shared services arrangement with GRS. In order to
access this pricing, the Interlocal Agreement with NCTCOG (Exhibit 1) must be approved by the
Council.
The estimated cost of this project is $9,925 ($9,800 to GRS and $125 to NCTCOG). Since the
cost of this contract is within the City Manager’s signature authority, the contract with GRS will
not require Council approval.
RECOMMENDATION
Staff recommends entering into an Interlocal Agreement with NCTCOG in order to access
shared actuarial services from GRS.
PRINCIPAL PLACE OF BUSINESS
The headquarters for GRS is located in Southfield, Michigan. However, the City’s actuarial
valuation will be performed by the Irving, Texas office.
Agenda Information Sheet
October 16, 2012
Page 3
ESTIMATED SCHEDULE OF PROJECT
The GASB valuation will be completed in sufficient time for the FY 2012 CAFR.
FISCAL INFORMATION
The funds for the actuarial study will be paid for out of 860002.7879.
EXHIBITS
Exhibit 1: NCTCOG Interlocal Agreement
Exhibit 2: GRS Engagement Letter
Exhibit 3: Ordinance
Respectfully submitted:
_____________________________
Carla Romine-Haggmark; 349-8344
Director of Human Resources
1-AIS-NCTCOG INTERLOCAL AGREEMENT
EXHIBIT 1
INTERLOCAL AGREEMENT
FOR
COOPERATIVE PURCHASING
FOR
ACTUARIAL SHARED SERVICES
THIS INTERLOCAL AGREEMENT (“Agreement”), made and entered into pursuant to the Texas Interlocal
Cooperation Act,Chapter 791, Texas Government Code (the “Act”), by and between the North Central Texas
Council of Governments, hereinafter referred to as “NCTCOG,” having its principal place of business at 616 Six
Flags Drive, Arlington, Texas 76011, and ,a local government, created and operated to
provide one or more governmental functions and services, hereinafter referred to as “Participant,” having its
principal place of business at .
W I T N E S S E T H
WHEREAS
, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating
under Chapter 391, Texas Local Government Code; and
WHEREAS
, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental
functions and services, including the development of a standard approach for acquiring actuarial services; and
WHEREAS
, in reliance on such authority, NCTCOG has a cooperative purchasing program under which it
contracts with eligible entities under the Act; and
WHEREAS
, NCTCOG extended the original agreement with Gabriel, Roeder, Smith and Company to provide such
services to until September 30, 2014; and
WHEREAS,
the Participant has represented that it is an eligible entity under the Act that by Administrative Action
has authorized this Agreement on ____________________ _______, and that it desires to contract with NCTCOG
on the terms set forth below;
NOW, THEREFORE
, NCTCOG and the PARTICIPANT do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
(1)
The Participant represents and warrants to NCTCOG that it is eligible to contract with NCTCOG under the Act
(2)
because it’s a local government, as defined in the Act, and it possesses adequate legal authority to enter into this
Agreement.
ARTICLE 2: APPLICABLE LAWS
NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable
rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement.
ARTICLE 3: WHOLE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete contract between the parties
hereto, and supersede any and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: BILLINGS
Billings will be generated for the Actuarial Shared Services through Gabriel Roeder Smith & Company based upon
Administrative Fee of $125 per valuation cycle (effective October 1, 2012). Each party paying for the performance
of said functions of government shall make those payments from current revenues available to the paying party.
ARTICLE 5: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by both parties, except that any alterations,
additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or
regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become
effective on the date designated by such law or regulation.
NCTCOG reserves the right to make changes in the scope of services offered through the Cooperative Purchasing
Program to be performed hereunder.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS
FOLLOWS:
Denotes required fields
*
NOTE: Facsimile copies of this document shall not be acceptable as ORIGINALS.
Interstate v1 rev. 10/05
orth Central Texas Council of Governments
*
N
616 Six Flags Drive, Arlington, Texas 76011
(local government, agency, or non-profit
Name of Participant
corporation)
*By:
*
Signature of Authorized Official
Mailing Address
*
*Monte Mercer
City State ZIP Code
Typed Name of Authorized Official
*By:
*Deputy Executive Director
Signature of Authorized Official
Typed Title of Authorized Official Date
*
Typed Name of Authorized Official
*
Typed Title of Authorized Official Date
EXHIBIT 2
October 4, 2012
Mr. Scott Payne
Risk Manager
City of Denton
601 E. Hickory Street
Denton, TX 76205
Re: Engagement Letter for GASB OPEB Valuation for City of Denton
Dear Mr. Payne,
You have requested a pricing quote for a GASB 45 actuarial valuation underthe Shared Services
arrangement provided by Gabriel, Roeder, Smith & Co (GRS) and North Central Texas Council of
Governments (NCTCOG).
Based on the information you provided, the estimated cost of services for City of Denton is $9,800.
The total fee including the $125 NCTCOG administrative will equal $9,925.This price is based on
receiving data in the standard GRS format and using the following assumptions:
Number of ParticipantsOver 2,500
Claims Analysis Required*No
Retirement Plans1.TMRS
2.Firefighters Pension
Health Plans1. PPO –Gold and Silver Options
Annual, Biennial, or TriennialBiennial
Pricing DiscountNot Eligible
* An additional fee of $2,000 will be added if claims experience is required.
Additional fees may also apply if the data is not received in the requested GRS data format.
If other assumptions are identified, a revised proposal letter will be prepared by GRS.
EXHIBIT 2
Mr. Scott Payne
Oct. 4, 2012
Page 2
Basic Services
Basic services provided through the Shared Services program will include:
•Actuarial valuation of employer OPEB in compliance with the requirements of paragraphs
11-27 of GASB 45. Valuations can be performed annually or biennially and will include:
•A measurement of the actuarial liability, present value of projected benefits and
normal cost as of the valuation date
•The estimated actuarially determined contribution for the applicable fiscal years
•The estimated annual required contribution and accounting expense for the
applicable fiscal years as required under GASB Statement Nos. 43 and 45
•Information needed to complete the “Notes to the Financial Statement” and
“Required Supplementary Information” as defined in paragraphs 30 and 31 of GASB
No. 43
•Information needed to complete the “Notes to the Financial Statement” and
“Required Supplementary Information” as defined in paragraphs 24, 25 and 26 of
GASB No. 45
•Sensitivity analysis for health care trend rates, providing valuation results based on a
higher and a lower health care trend
•A hypothetical set of actuarial results using an alternative discount rate based on pre-
funding
•Two in person or conference call meetings as mutually agreed upon by City of Dentonand
GRS. Out of pocket travel expenses for governments located 100 miles or more from DFW
Airport will be charged to the government.
Billing Schedule
GRS pricing assumes 20% paid upon acceptance by the government of the engagement, 50% upon
receipt of the draft report and 30% upon acceptance of the final report. For Biennialor Triennial
valuations, GRS will provide the OPEB cost for the off year(s)and willwalk forward the Net
OPEB Obligation.
The GRS prices discussed above will be adjusted annually in January based on changes in the
Consumer Price Index, All Urban Consumers, on a December over December basis.GRS billing
will also include an administrativefee of $125per valuation cycle payable to the NCTCOG.
EXHIBIT 2
Mr. Scott Payne
Oct. 4, 2012
Page 3
Options Study
It is anticipated that City of Dentonmay want to consider what the options are for mitigating their
OPEB liability. These Options studies would include alternative discount rates, alternative
healthcare trend rates, benefit capitations,andchanges in retiree cost sharing. The cost for a basic
Options study will be $1,200 per study.
More complicated studies may not be covered under the fixed fee amount above. If a study is not
included in the fixed fee pricing, the hourly rates shown in "Additional Services" below will apply
or fixed fee amounts will be negotiated. GRS will provide written documentation of our
understanding of the service(s) requested, the estimated number of hours by employee class, total
costs and project timeline.
Additional Services
Fees for additional consulting services not included under Basic Services or included in the fixed
fee Options studies will be priced separately upon request and will be based on the following hourly
rates:
Hourly
Rates
GRS Resource Classification
Senior Consultant$395
Consultants$310
Senior Analysts$200
Actuarial Analysts$170
Systems Analysts and Programmers$230
Administrative Support Staff$125
A copy of this engagement letter will be made a part of the master agreement between City of
Denton and GRS.
If you have any questions or need additional information please don't hesitate to e mail us at
NCTCOG.sharedservices@gabrielroeder.comor call either Jack Beam at 469-524-1819 or Mehdi
Riazi at 469-524-1343.
Thank you for your interest in the Shared Services program.
Gabriel, Roeder, Smith & Company
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Phil Williams at 349-8487
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute a First Amendment to 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 substation siting and environmental assessment study for the construction of the
McKinney Substation and the Audra Substation for Denton Municipal Electric; authorizing the
expenditure of funds therefor; and providing an effective date (File 4995-in the additional
amount of not-to-exceed $75,000 for a total award of $290,515). The Public Utilities Board
recommends approval (5-0).
FILE INFORMATION
On August 7, 2012, the City Council approved a contract with POWER Engineers, Inc.
the University of North Texas
area substation and transmission projects in the estimated amount of $215,515 (Exhibit 1-
Ordinance 2012-159).
POWER Engineers has proposed to perform similar electric utility substation siting work for
Denton Municipal Electric (DME) for the new McKinney and Audra Substations for the
estimated amount of $75,000. The expanded scope of the First Amendment to Professional
Services Agreement with POWER Engineers would increase the total of the not-to-exceed
amount of the contract to $290,515.
It is necessary for DME to construct the new McKinney Substation and the new Audra
Substation to provide electric utility service adequate for customer growth on the east central
areas of Denton.
A well-organized public involvement process for selecting electric utility substation sites has
proven to be worthy in other communities and with other electric utilities. Other electric utilities
typically use a consultant experienced with public involvement processes for siting and routing
utility infrastructure.
Agenda Information Sheet
October 16, 2012
Page 2
FILE INFORMATION (CONTINUED)
DME proposes that POWER Engineers be engaged to perform a formal siting study and
environmental assessment for the new McKinney and Audra Substations. DME has selected
POWER Engineers based on their extensive and successful work with other entities, including
San Antonio, Austin, and work with the P on Competitive
Renewal Energy Zone 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 Scope of Services for this study is included as Exhibit 2.
Tasks in the proposed siting study and environmental assessment 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 siting study is to develop a in
the project study area and to prepare a credible siting study document for use by DME. The
POWER Engineer approach and documentation is intended to fulfill all project requirements for
an electric utility substation location study. Exhibit 3 is a summary of the process that will be
followed in the proposed study.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 24, 2012, the Public Utilities Board recommended approval to forward this item
to the City Council for consideration.
RECOMMENDATION
Approve a First Amendment to the Professional Services Agreement between the City of Denton
of POWER Engineers, Inc. in the amount of $75,000 for a total contract award amount not to
exceed $290,515.
PRINCIPAL PLACE OF BUSINESS
POWER Engineers, Inc.
Austin, TX
ESTIMATED SCHEDULE OF PROJECT
The siting study will begin within two weeks from the date of Council approval.
Agenda Information Sheet
October 16, 2012
Page 3
FISCAL INFORMATION
The approved Capital Improvement Projects will be funded from the following bond funds
accounts: McKinney Substation-603103499 1365.3500 and Audra Substation-
603112499.1365.3500.
EXHIBITS
Exhibit 1: Ordinance 2012-159
Exhibit 2: POWER Engineers, Inc. Scope of Services
Exhibit 3: Routing/Siting Process
Exhibit 4: Draft Public Utilities Board Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-File 4995
Exhibit 1
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Exhibit 2
7600B N CAPITAL OF TEXAS HWY
SUITE 320
AUSTIN, TX 78731 USA
512-795-3700
512-795-3704
July 20, 2012
Mr. Chuck Sears
Engineering Manager
Denton Municipal Electric
1685 Spencer Road
Denton, Texas 76205
Subject: Scope of Services
Evaluation Study for Two New Substations
Dear Mr. Sears:
POWER Engineers, Inc. (POWER) is pleased to submit our proposed scope of services for
an environmental/land use evaluation for two new Denton Municipal Electric (DME)
substations, including alternative substation site locations.
SCOPE OF SERVICES
Our objective is to conduct an objective alternative substation siting study for each of the
two new planned substations. The siting methodology will be documented and consider
factors such as community values/ input, recreational and park areas, historical and
aesthetic values, and environmental integrity, as well as engineering, reliability, cost and
maintenance factors. POWER willassist DME with the selection and evaluation of up to
three alternative sites for each of the two new planned substations. Services will include
meetings/coordination with DME, an initial site visit, alternative substation site selection,
photo-simulations of the alternative substation sites, data collection for existing conditions,
public input, alternative site evaluation, and preparation of a brief report presenting the
study results for each of the two planned substations.
INITIAL MEETING / COORDINATION / SITE VISIT
Two POWER staff will attend a project kick-off / coordination meeting in DME’s offices
and perform an initial site visit. At the project kick-off meeting, 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.
Existing conditions and preliminary alternative substation sites will be investigated at that
time for each of the two new planned substations. Based on the initial field reconnaissance,
POWER will prepare a list of preliminary substation site evaluation criteria.The evaluation
criteria will be finalized with input from DME.
AUS 146-073 (PROPOSALS) DENTON MUNICIPAL ELECTRIC (7/20/2012) LD
July 20, 2012
Page 2
ALTERNATIVE SUBSTATION SITE SELECTION
Following the initial site visit, POWER will coordinate with DME to select up to three
alternative sites to be evaluated in detail for each of the two new planned substations.
Selection factors will include but not be limited to existing development / conditions,
proximity to applicable transmission and distribution facilities, substation site access,
potential substation screening, cost factors, and future maintenance considerations.
PHOTO-SIMULATIONS
POWER will develop one (1) photo simulation for each of the proposed substations for a
total of two (2) photo simulations.POWER assumes the same substation design for each
photo simulation. Photo simulations for four additional alternative substation sites are
included in the budget as an optional task, andthese also assume the same substation design.
Each simulation will demonstrate the proposed project and DMEs commitment to protecting
the aesthetic environment by using screening techniques around the proposed substations.
As part of the process, POWER will coordinate with DME for screening wall treatment and
landscaping to be incorporated into the final photo simulations.
The photo simulations 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. Photo simulation
tasks include on-site photo collection, selection of wall treatment and landscape plans, 3D
development, rendering, Photoshopediting, and board development.POWER assumes one
(1)photo per simulation will be used. If a panoramic simulation is required, eight (8)hours
for each additional photo used will be needed.
EXISTING CONDITIONS INFORMATION / DATA COLLECTION
POWER will acquire and review existing and readily available data fromsources 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), City of Denton comprehensive plans, and other library sources such as published
and unpublished reports. Wewill obtain linear facility data such as existing transmission
lines, major water/wastewater lines,and gas pipelines in GIS or CADformatfrom DME and
other readily available sources.No formal or written agency contact is anticipated to be
necessary for the project.
We will conduct a high-level literature review and records search for identified cultural
resources in the vicinity of alternative substation sites.We will prepare resource information
and a database specific to each alternative substation siteand prepare graphical and written
analysis of existing resources.
July 20, 2012
Page 3
PUBLIC INPUT MEETINGS AND PRESENTATIONS
POWER will assist DME in hosting two public inputmeetings, one for each of the two new
proposed substations.The meetings are intended to solicit information from the public that
will be evaluated, summarized and incorporated into thestudy report as appropriate.
POWER assumes that POWER and DMEwill analyze the input received from thepublic
meetings.POWER will develop and provide one (1) public involvement exhibit of the
alternative substation sites overlain on large-scale aerial photographs (1 inch = 1,000 feet or
less)for each of the two public open house meetings.Themap will depict the environmental
and land use constraints that were identifiedand utilized during thestudy and will clearly
identify each alternativestation site.It is assumed DME will provide recent aerial imagery
and arrange for meeting facilities and coordinate the public meetings.
POWER will also assist DMEwith attending up to twopresentations/meetingswith the
Public Utilities Board and/or the Denton City Council. The presentations/meetingswill be
held at various times throughout the course of the project 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 exhibits used at the public open house meetings can be used at the
presentations, while some new graphics and exhibits couldbe needed.
ALTERNATIVE SUBSTATION SITE EVALUATION
For this task, we will develop the impact assessment methodology and assess potential
impacts of the alternative sites for each substation project, 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 alternative site.
POWER will summarizethe interdisciplinaryimpacts for each of the alternative substation
sites, and then comparetheir potential impacts. To accomplish this, thePOWER team,
comprised of different discipline leads, will independently review thedata summarized for
each alternative site. 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 alternative substation site comparison for the appropriatesection of
the Study Report, and we will analyze and compare the alternative substation sites,
summarizing baseline environmental/land use data and potential impacts.
July 20, 2012
Page 4
STUDY REPORT
We will prepare a brief Study Report for each of the two planned substation projectsthat
documentthe alternative substation siteselection process, describeexisting resources in the
vicinity of the alternative substation sitesand discusspotential impacts and potential
mitigation measures.The draft documents will be provided to DME for review and
comment prior to finalization. For costing purposes, POWER will provide three copies of
the draft Study Reports and ten copies of the final reports.
The Study Report, prepared by POWER, and its evaluation of thealternative sites, will
allow DMEto present substation sites to thePublic Utility Board and the Denton City
Council that provides a reasonable balance with regards to potential impacts on the
community and general public, the environment, historicsites, service reliability, and
prudent engineering and construction.
BUDGET ESTIMATE
POWER hasdeveloped the following budget based on our understanding of thetwoDME
planned substation projects. Our budget is based on the information presented in the scope
of services.
A table summarizing our proposed time-and-materials budget for the project tasks is
provided below.
DMESUBSTATION SITING STUDY BUDGET SUMMARY
TASK #DESCRIPTIONBUDGET
0Project Management/Coordination$5,000
1Project Startup/Kick-Off Meeting/Initial Site Visit$4,000
2Existing Conditions / Data Collection$7,500
3Alternatives Development$2,500
4aPhoto-Simulations(2)$12,500
5Public InputMeetings(2) and Presentations(2) –(4 total)$14,000
6Brief Siting Study ReportPreparation(2 Reports)$20,000
TOTAL$65,500
4bOptional –Additional Photo-Simulations(4)@ $,2000 each$8,000
The schedule of charges will be in accordance with the current rate sheet included in the
pending Professional Services Agreement.Mileage and travel expenses, materials or office
supplies, copy charges, and document production are included in our budget and in the
scope of services.
July 20, 2012
Page 5
SCHEDULE
POWER understands DME desires to conduct these studies and implement the two new
planned substation projects as quickly as reasonably possible. For activities within
POWER’s control, POWER will work with DME to attain the desire project schedule.
I will serve as the Project Manager for the project and Brian Macik will support me as an
environmental planner. We assume these services will be provided under our pending
Professional Services Agreement with the City of Denton, on a time-and-materials basis,
with the upper limit not to be exceeded without written approval of DME. Any
modifications to this scope of services may require a work order / budget amendment.
Thank you for the opportunity to propose to provide these services. We look forward to
working with you and your team. Please contact me at (512) 795-3700 x6908 or
rob.reid@powereng.comwith any questions.
Sincerely,
Rob Reid
Project Manager
Vice President
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Exhibit 3
Exhibit 4
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 September 24, 2012
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, September 24, 2012 at 9:01 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Randy Robinson, Phil Gallivan, Barbara Russell
11 and Leonard Herring
12
13 Absent Excused: Vice Chair Billy Cheek
14
15 Ex Officio Members: Howard Martin, ACM Utilities
16
OPEN MEETING:
17
18
CONSENT AGENDA:
19
20
21 4)Consider a recommendation of an approval to expand the scope of services of a previously
22 approved Professional Services Agreement with POWER Engineers, Inc. by a First
23 Amendment to Professional Services Agreement which includes substation siting and
24 environmental assessment studies for construction of the new McKinney Substation and the
25 new Audra Substation in the not-to-exceed amount of $75,000.
26
A motion to approve item 4 was made by Board Member Robinson with a second by Board
27
Member Russell. The vote was 5-0.
28
29
30 Adjournment 10:15am
ORDINANCE NO. 2012-________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO 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 SUBSTATION SITING AND ENVIRONMENTAL ASSESSMENT
STUDY FOR THE CONSTRUCTION OF THE MCKINNEY SUBSTATION AND THE
AUDRA SUBSTATION FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
4995-IN THE ADDITIONAL AMOUNT OF NOT-TO-EXCEED $75,000 FOR A TOTAL
AWARD OF $290,515).
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 work
regarding a substation siting and environmental assessment study for the construction of the
McKinney Substation and the Audra Substation 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 tasks, with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, know
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, knowledge, 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
First Amendment to Professional Services Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
1
SECTION 2: The City Manager is hereby authorized to execute a First Amendment to
Professional Services Agreement First Amendmentwith 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 First Amendment, which is attached hereto which is
incorporated herewith by reference.
SECTION 3: The award of this First Amendment 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 First Amendment
is hereby authorized.
SECTION 5: This ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED this the _______ day of _______________, 2012.
_________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: __________________________________
6-ORD-File 4995
2
Exhibit A
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Phil Williams at 349-8487
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance approving the expenditure of funds for Outside Metal-
Enclosed Switchgears (OMCSWG) for the City of Denton Pockrus and McKinney Substations
available from only one source in accordance with Texas Local Government Code 252.022,
exempting such purchases from requirements of competitive bids; providing for the expenditure
of funds therefor; and providing an effective date (File 5027-awarded to S&C Electric Company
in the amount of $279,750). The Public Utilities Board recommends approval (5-0).
FILE INFORMATION
Outside Metal-Enclosed Custom Switchgear (OMCSWG) are installed within electrical
substations to facilitate switching electric distribution circuits from a central location within a
(DME) new McKinney Substation and one switchgear to be installed at the Pockrus Substation.
A complete description of both projects is included in the Public Utilities Board Agenda
Information Sheet (Exhibit 1).
In 2009, S&C Electric Company (S&C) designed and manufactured the original OMCSWG in
accordance with design criteria provided by DME. The originally designed OMCSWG has been
installed at the RD Wells substation and has functioned reliably since its installation three years
ago. For ease of operation, reliability, and compatibility of applications, DME requires the
purchase of identical OMCSWG switchgears for the Pockrus and McKinney Substations. S&C is
the only supplier that can match the same set of specifications since they designed and
manufactured the previous OMCSWG equipment utilized by DME.
Since parts and service equipment are not interchangeable between manufacturers, S&C Electric
Company is the sole source vendor for the 1200A Switchgear required for the Pockrus and
McKinney Substations (Exhibit 3). Section 252.022 of the Local Government Code provides
that procurement of commodities and services that are exempt from competitive bidding, if over
$50,000, shall be awarded by the governing body.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On October 8, 2012, the Public Utilities Board recommended approval to forward this item to the
City Council for consideration.
Agenda Information Sheet
October 16, 2012
Page 2
RECOMMENDATION
Approve the purchase of three Outside Metal-Enclosed Switchgears from S&C Electric
Company in the amount of $279,750 per the attached quote (Exhibit 2).
PRINCIPAL PLACE OF BUSINESS
S&C Electric Company
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
Fabrication and delivery of the OMCSWG switchgear requires approximately 14 weeks after
receipt of the order. The McKinney Substation project is targeted for completion prior to
summer of 2013.
FISCAL INFORMATION
The switchgears will be purchased using bond fund account 60103499.1350.3620 for the
McKinney Substation and bond fund account 600538499.1350.3620 for the Pockrus Substation.
Requisition# 110027 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Information Sheet without Exhibits
Exhibit 2: Quote from S&C Electric Company
Exhibit 3: Sole Source Letter
Exhibit 4: Draft Public Utilities Board Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-File 5027
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM # 1
AGENDA INFORMATION SHEET
AGENDA DATE:
October 8, 2012
DEPARTMENT: /
DMEElectric Engineering
UTILITIES ACM:
Howard Martin, Utilities, 349-8232
SUBJECT
Consider arecommendation for an approval to purchase three Outside Metal-Enclosed Custom
Switchgears (OMCSWG) foruse at the Pockrus and McKinney Substations from S&C Electric
Company, Chicago, Illinois, in the total estimated expenditure amount of $279,750.
BACKGROUND INFORMATION
Outside Metal-Enclosed Custom Switchgear (OMCSWG) are installed within electrical
substations to facilitate switching electric distribution circuits from a central location within a
substation. The central substation location allows more than one substation transformer to be
utilized to enhance circuit reliability for our customers. The OMCSWG substation switchgear
consists of a weatherproof housing containing four separate cubicles that are bolted together. A
common 1200Amp electrical copper bus runs through all four cubicles of the enclosure. Each
cubicle has an individual distribution manually operated switch that can be used to either tie or
isolate different substation switchgear building tiebreakers to the common 1200 Amp bus.
Access to the interior of the enclosure is provided by separate doors into each cubicle. A
photograph of an existing DME OMCSWG located at the RD Wells Substation is below:
AIS PUB Agenda Item #1
October 8, 2012
Page 2 of 4
The approved DME CIP projects call for the procurement and installation of three Outside
Metal-Enclosed Custom Switchgear (OMCSWG) to facilitate distribution circuit configurations.
Two OMCSWG units will be installed at the new McKinney Substation, and one OMCSWG unit
will be installed at the existing Pockrus Substation during its expansion and reconstruction.
The existing Pockrus substation supplies electric distribution power to over 4,700 Industrial,
Commercial and Residential customers, including several large medical offices and the Denton
Regional Medical Center Hospital. The Pockrus substation contains three large substation
distribution Power Transformers. Presently the electric customers receive their power from a
single station power transformer or a set of distribution switchgear associated to a single station
power transformer. In case of a catastrophic transformer failure due to an electrical fault or
short-circuit, our customers have the potential of being out of electric power for an extended
period of time until specific distribution switching arrangements can be determined to clear the
faulted section of the circuit. In order to resolve and improve this outage contingency condition,
one of the OMCSWG will be installed at the Pockrus substation. The addition of the new
OMCSWG will enable improved switching flexibility for DME to switch the circuits from a
central location that serve the affected DME customers so power can be quickly restored from an
alternate power source, should a substation power transformer fail. This OMCSWG will not
only provide an alternate source of power for our customers, but will also assist with routine
planned outages to more efficiently maintain substation equipment and the electrical system.
Two OMCSWG switchgears will be installed at McKinney substation. The
McKinney Substation is an approved CIP project that will supply electric power to the eastern
and central areas of the Denton Municipal Electric service territory. The McKinney substation is
designed to utilize four large substation distribution Power Transformers in order to support the
continued load growth in the downtown area, and to relieve high distribution circuit loading that
is presently served out of the Industrial, Woodrow and Locust substations. Exhibit 3 is a map of
the Denton area transmission map that shows the locations of both the Pockrus and McKinney
substations. The installation of four distribution substation power transformers at the McKinney
Substation necessitates the use of two OMCSWG switchgears. The proposed four transformer
design configuration at the McKinney Substation is similar to the four transformer layout used at
In 2009, S&C designed and manufactured the original OMCSWG, in accordance with design
criteria provided by DME. The originally designed OMCSWG, has been installed at the RD
Wells substation and has functioned reliably since its installation three years ago. For ease of
operation, reliability and compatibility applications, DME requires the purchase of identical
OMCSWG switchgears from S&C. S&C is the only single source supplier that can exactly
match the same set of specifications (they designed and manufactured the previous OMCSWG
equipment used at DME). A drawing schematic of the original design of the OMCSWG
switchgear is shown in Exhibit 4.
S&C Electric Company is a leader in providing switching equipment for the electric utility
industry. DME has previously purchased other different configurations of standard distribution
AIS PUB Agenda Item #1
October 8, 2012
Page 3 of 4
types of switchgear from S&C such as SCADAMATE switches, PME switchgears, and Vista
switchgears for specific applications. The quality of the S&C equipment that DME has and
presently uses is excellent. S&C has a consistent and solid on-time delivery response that has
historically met their quoted delivery schedules.
In accordance with standard City of Denton purchasing procedures (Exhibits 1 and 2) and the
reasons listed above, DME proposes to award the purchase of OMCSWG switchgears for the
Pockrus and McKinney substations to S&C based upon their September 11th pricing and
delivery quotation. The schedule of the DME CIP projects require that the OMCSWG
switchgear be shipped as soon as fabrication of the units is completed and the units are fully
tested. As mentioned earlier, the new McKinney Substation will be vital to support the
increasing electrical load growth in the downtown and Industrial Substation areas and the
Pockrus Substation expansion is critical for delivering electrical power to the Denton Regional
Medical Center Hospital, Sally Beauty, Denton State School, and neighboring areas of Denton.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
No prior action for these three S&C OMCSWG switchgears for the McKinney and Pockrus
Substations.
DME procured an identical S&C OMCSWG for the RD Wells Substation through the City
Manager approval process using Purchasing File #5027, the middle of August in the amount of
$95,250.
OPTIONS
1.Recommend awarding the purchase of the OMCSWG switchgear to S&C Electric Company.
2.Not recommend awarding the purchase of the OMCSWG switchgear to S&C Electric
Company, and direct that other actions be taken.
RECOMMENDATION
DME recommends purchasing the three OMCSWG switchgears for the Pockrus and McKinney
substations from S&C in the total estimated expenditure amount of $279,750.
ESTIMATED SCHEDULE OF PROJECT
Fabrication and delivery of the OMCSWG switchgear requires approximately 14 weeks after
receipt of the order. The McKinney Substation project is targeted for completion prior to
summer of 2013.
FISCAL INFORMATION
This approved CIP project will be funded with bond funds.
AIS PUB Agenda Item #1
October 8, 2012
Page 4 of 4
EXHIBITS
1.S&C Quotation
2.S&C Single Source Letter
3.Denton Area Transmission map
4.OMCSWG switchgear Drawing
Respectfully submitted:
Phil Williams
General Manager of Electric Utilities
Denton Municipal Electric
Prepared by:
John Moore
Executive Manager Energy Delivery
Denton Municipal Electric
Exhibit 2
Fred Oberlender & Associates, Inc.
10821 Sanden Dr.
Dallas, Texas 75238
Telephone (214) 343-1946
Fax (214) 349-2373
September 11, 2012
Karen Smith
City of Denton
Subject: S&C Quote - Four Bay Lineups matching existing CDA-817422
In response to your inquiry we are pleased to offer the following quotation for S&C Metal-
Enclosed Switchgear.
Qty3S&C Metal-Enclosed Switchgear - Outdoor Style - 4 Bay Assembly, rated 13.8 kV
Nominal, 95 kV BIL, 1200A Main Bus, 910 MVA Short Circuit with individual Bays as
follows:
Optional Features for this Assembly:
VA3 - TWO SINGLE-POLE CIRCUIT BREAKERS FOR LOW-VOLTAGE
CIRCUITS
Bay1Entrance Module Switch Only - Manual - Hinged on
Switch Type:Alduti-Rupter
1200A
Bottom with the following optional features:
Fuse Type:None
OUTDOOR CONSTRUCTION - LIGHT GRAY FINISH
DUSTPROOF CONSTRUCTION FOR OUTDOOR BAY
1200 A COPPER BUS WITH SILVER-PLATED BUS JOINTS
INTERMEDIATE CLASS SURGE ARRESTERS, 10 KV
Bay2Entrance Module Switch Only - Manual - Hinged on
Switch Type:Alduti-Rupter
1200A
Bottom with the following optional features:
Fuse Type:None
OUTDOOR CONSTRUCTION - LIGHT GRAY FINISH
DUSTPROOF CONSTRUCTION FOR OUTDOOR BAY
1200 A COPPER BUS WITH SILVER-PLATED BUS JOINTS
INTERMEDIATE CLASS SURGE ARRESTERS, 10 KV
Bay3Entrance Module Switch Only - Manual - Hinged on
Switch Type:Alduti-Rupter
1200A
Exhibit 2
Bottom with the following optional features:
Fuse Type:None
OUTDOOR CONSTRUCTION - LIGHT GRAY FINISH
DUSTPROOF CONSTRUCTION FOR OUTDOOR BAY
1200 A COPPER BUS WITH SILVER-PLATED BUS JOINTS
INTERMEDIATE CLASS SURGE ARRESTERS, 10 KV
Bay4Entrance Module Switch Only - Manual - Hinged on
Switch Type:Alduti-Rupter
1200A
Bottom with the following optional features: Fuse Type: None
OUTDOOR CONSTRUCTION - LIGHT GRAY FINISH
DUSTPROOF CONSTRUCTION FOR OUTDOOR BAY
1200 A COPPER BUS WITH SILVER-PLATED BUS JOINTS
INTERMEDIATE CLASS SURGE ARRESTERS, 10 KV
$93,250.00 Net Each
$279,750.00 Total
Drawings will be available 6 weeks after receipt of your formal purchase order in Chicago with
complete ordering information. (We are working to eliminate this time frame due to this being a
repeat order. Every effort will be made to offer the quickest delivery possible.)
Shipment of the equipment will be scheduled 14 weeks after drawing release, plus
approval time, if required. Major changes during drawing approval may extend shipment lead
time.
TERMS AND CONDITIONS OF
Any order or orders based on this quotation (1) are subject to acceptance by S&C Electric
Company only at its general offices in Chicago, Illinois; (2) are subject to S&C Electric
Company's conditions of sale, which are defined in full under "General" in S&C Price
Sheet 150, dated November 28, 2011; and (3) should be made out to S&C Electric
Company in care of Fred Oberlender & Associates, 10821 Sanden Dr., Dallas, TX 75238
Terms of payment: Net 30 days
Terms of delivery: Prices are F.O.B. common carrier shipment point, with cheapest
transportation prepaid (allowed) to common carrier delivery point nearest first destination
on shipments with net invoice value of $5,000.00 or more. On Shipments with less than
$5,000.00 net invoice value, prices are F.O.B. common carrier shipment point, freight
collect or prepaid and added to the invoice.
Exhibit 2
This quotation is valid for 60 days from the above date.
Should you have any questions, or if I can be of further assistance, please do not hesitate to call.
Yours very truly,
FRED OBERLENDER & ASSOC., INC.
Mfg. Reps for S&C Electric Company
Jim Sanders
Exhibit 3
Fred Oberlender & Associates, Inc.
10821 Sanden Dr.
Dallas, Texas 75238
Telephone (214) 343-1946
Fax (214) 349-2373
August 9, 2012
Denton Municipal Electric
Subject: S&C Switchgear at DME – Four Bay Lineup matching existing CDA-817422
To Whom It May Concern:
Thank you for all your support over the years. S&C has been providing switchgear to the
Denton Municipal Electric for over 25 years.Fred Oberlender & Associates is the single
authorized Manufacturing representative and source for this S&C Metal enclosed switchgear
lineup in North Texas.
While there are other manufacturers of Electric Utility switchgear, the parts and service
equipment are not interchangeable between manufacturers. We believe that our gear is the
highest quality in the industry. A few S&C features are listed below.
Rugged 11-gauge steel enclosures – unitized monocoque construction
Protective Coating – Salt Spray Tested to 4000 hours of exposure.
Alduti-Switches - Interrupter switches shall be provided with a single blade per phase for
circuit closing, including fault closing, continuous current carrying, and circuit
interrupting. Spring-loaded auxiliary blades shall not be permitted.
S&C provided DME with a four bay 1200 A switchgear lineup in 2009 for the RD Wells
Substation. (Per attached drawing CDA-817422)This design included the various options
required by DME for use at the RD Wells Substation. We are proposing to provide an identical
gear for your new project in 2012 that will also be utilized in a different quadrant of RD Wells
substation. This standardization will allow DME to have consistent installations and also helps
to ensure any additional switchgear will have the same “physical foot print”.
We appreciate being able to partner with you. If you have any questions, please feel free to call.
Yours very truly,
FRED OBERLENDER & ASSOC., INC.
Mfg. Reps for S&C Electric Company
Jim Sanders
Exhibit 4
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 October 8, 2012
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, October 8, 2012 at 9:03 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Vice Chair Billy Cheek, Phil Gallivan, Barbara Russell, Leonard Herring
11 and Lilia Bynum
12
13 Absent Excused: Chairman Dick Smith and Randy Robinson
14
15 Ex Officio Members: Howard Martin, ACM Utilities
16
OPEN MEETING:
17
18
CONSENT AGENDA:
19
20
21 1) Consider a recommendation for an approval to purchase three Outside Metal-Enclosed
22 Custom Switchgears (OMCSWG) for use at the Pockrus and McKinney Substations from
23 S&C Electric Company, Chicago, Illinois, in the total estimated expenditure amount of
24 $279,750.
25
A motion to approve item 1 was made by Board Member Gallivan with a second by Board
26
Member Russell. The vote was 5-0.
27
28
29 Adjournment 9:55am
ORDINANCE NO. ____________
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR OUTSIDE
METAL-ENCLOSED SWITCHGEARS (OMCSWG) FOR THE CITY OF DENTON
POCKRUS AND MCKINNEY SUBSTATIONS AVAILABLE FROM ONLY ONE
SOURCE IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE
252.022, EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5027-AWARDED TO
S&C ELECTRIC COMPANY IN THE AMOUNT OF $279,750).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; and need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
hereby approved:
FILE
NUMBER VENDOR AMOUNT
5027 S&C Electric Company $279,750
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including,
items that are only available from one source because of patents, copyrights, secret
processes or natural monopolies; films, manuscripts or books; electricity, gas, water and
other utility purchases; captive replacement parts or components for equipment; and
library materials for a public library that are available only from the persons holding
exclusive distribution rights to the materials; and need not be submitted to competitive
bids.
SECTION 3. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 4. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 5. 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 File 5027 to the City Manager of the City of
Denton, Texas, or his designee.
SECTION 6. 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
BY: ______________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
6-ORD-File 5027
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012 Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Scott Payne at 349-7836
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding an initial one
(1) year contract with the option to extend for four (4) additional one (1) year periods for the
Section 125 Plan Administration of unreimbursed health care and dependent care accounts for
the City of Denton; providing for the expenditure of funds therefor; and providing an effective
date (RFP 5047-awarded to PayFlex Systems USA, Inc., in the annual estimated amount of
$62,118 and a five year estimated expenditure of $310,590).
RFP INFORMATION
Request for Proposal #5047
Spending Accounts related to unreimbursed health care and dependent care accounts. Using the
Section 125 plan, employees are able to set aside their pretax income for eligible health and
dependent care costs that they expect to incur in a calendar year. PayFlex Systems USA, Inc.
(PayFlex) has been providing these services for the City since 2002. While the City has had a
very positive contractual relationship with PayFlex, the current contract expires at the end of
2012, thus necessitating the RFP process.
The City received six (6) responses to RFP #5047:
PayFlex Systems USA, Inc. (incumbent)
United Healthcare
Benefits Connection
Stanley, Hunt, Dupree & Rhine
WageWorks
Chard-Snyder Benefit Solutions
The six (6) proposals were reviewed by an evaluation team comprised of benefits employees in
program. The proposals were evaluated based on the following criteria:
50% -Cost of services, multi-year rate guarantees, and check processing schedule and
reimbursement completion
25% - Proposed plan design, administrative responsibilities and communication, including the
adequacy and completeness of the proposal response
20% - Customer service, professional competence, complaint reconciliation, employee access,
and references
5% - Qualifications and experience including financial stability of company
Agenda Information Sheet
October 16, 2012
Page 2
RFP INFORMATION (CONTINUED)
The evaluation committee ranked PayFlex as providing the best overall value to the City.
Exhibit 1 shows the final evaluation and scoring. PayFlex had the fourth lowest per employee
per month (PEPM) cost but the proposed cost is 15 percent lower than our current rate. PayFlex
also had the fastest payment turnaround time for reimbursing approved expenses, a three-year
rate guarantee, and no additional costs for initial set-up, plan documents, or discrimination
testing. PayFlex also did not have a minimum monthly fee.
As stated before, the City has had a good working relationship with PayFlex. We are familiar
with their processes and PayFlex understands our expectations.
RECOMMENDATION
Staff recommends awarding a one-year initial contract to PayFlex Systems USA, Inc. for
Section 125 Plan Administration in the annual estimated amount of $62,118, with the option to
extend for four (4) additional one (1) year periods for a five year estimated expenditure of
$310,590.
PRINCIPAL PLACE OF BUSINESS
PayFlex System USA Inc.
Omaha, Nebraska.
ESTIMATED SCHEDULE OF PROJECT
The new contract with PayFlex will begin January 1, 2013.
FISCAL INFORMATION
The costs for the administration of the Section 125 Flexible Spending account are paid out of
160099.7714.
EXHIBITS
Exhibit 1: Evaluation/Scoring Sheet
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-RFP 5047
ORDINANCE NO. __________________
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING AN INITIAL
ONE (1) YEAR CONTRACT WITH THE OPTION TO EXTEND FOR FOUR (4) ADDITIONAL
ONE (1) YEAR PERIODS FOR THE SECTION 125 PLAN ADMINISTRATION OF
UNREIMBURSED HEALTH CARE AND DEPENDENT CARE ACCOUNTS FOR THE CITY
OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (RFP 5047-AWARDED TO PAYFLEX SYSTEMS USA,
INC., IN THE ANNUAL ESTIMATED AMOUNT OF $62,118 AND A FIVE YEAR ESTIMATED
EXPENDITURE OF $310,590).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the 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,
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.
RFP
NUMBER VENDOR AMOUNT
5047 PayFlex Systems USA, Inc. $310,590
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 permitted to be performed by the City of Denton
under RFP 5047 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. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:____________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-RFP 5047
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax
revenue; and providing an effective date. ($10,240 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $10,240 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Denton Black Chamber of Commerce for the payment and
use of hotel tax revenue; and providing an effective date. ($16,580 Hotel Occupancy Tax
Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $16,580 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor
Bureau) for the payment and use of hotel tax revenue; and providing an effective date. ($733,100
Hotel Occupancy Tax Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $733,100 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of
hotel tax revenue; and providing an effective date. ($23,010 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $23,010 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an interlocal
agreement between the City of Denton and Denton County for the payment and use of hotel tax
revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House, African
American, Old No. 14 Fire House, Elm Ridge Church, Welcome Center and Outhouse
Museums; and providing an effective date. ($108,570 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
reimbursement contract is for a ten month term beginning January 1, 2013 through midnight on
October 31, 2013. Allocations are dependent upon requests for funding, as well as availability of
revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $108,570 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax
revenue; and providing an effective date. ($14,590 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $14,590 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Denton Festival Foundation for the payment and use of hotel
tax revenue; and providing an effective date. ($82,820 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $82,820 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Greater Denton Arts Council for the payment and use of
hotel tax revenue; and providing an effective date. ($117,780 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $117,780 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment
and use of hotel tax revenue; and providing an effective date. ($7,640 Hotel Occupancy Tax
Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $7,640 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Central Business District Association, Inc., d/b/a Denton
Main Street Association for the payment and use of hotel tax revenue; and providing an effective
date. ($23,010 – Hotel Occupancy Tax Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $23,010 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and Music Theatre of Denton for the payment and use of hotel tax
revenue; and providing an effective date. ($5,000 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $5,000 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the North Texas State Fair Association for the payment and use
of hotel tax revenue; and providing an effective date. ($73,620 – Hotel Occupancy Tax
Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $73,620 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Susan G. Komen for the Cure Advocacy Alliance (North
Texas Affiliate) for the payment and use of hotel tax revenue; and providing an effective date.
($10,000 Hotel Occupancy Tax Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $10,000 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use
of hotel tax revenue; and providing an effective date. ($50,610 Hotel Occupancy Tax
Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $50,610 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and Texas Filmmakers Corporation for the payment and use of
hotel tax revenue; and providing an effective date. ($5,000 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2013 through midnight January 31,
2014. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2012-2013 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $5,000 for FY 2012-2013 and has
been included in the Annual Program of Services.
Respectfully submitted:
Antonio Puente, Jr.
Assistant Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Denton Municipal Electric
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to an approximate 3.480 acre tract located in the City of Denton, Denton County, Texas,
and situated 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 to the ordinance and
made a part thereof, located generally along the 2500 block 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 (1) Gary Dennis Dillard (the “Owner”); (2)
successors in interest to the owner to the Property Interests; or (3) any other owners of the
Property Interests, to purchase the Property Interests for the purchase price of Three Hundred
00
Twenty Six Thousand Two Hundred Eight Dollars and No Cents ($326,208.), and other
consideration as prescribed in the Contract of Sale (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. (69kV Transmission Line Re-build Project) The Public Utilities
Board recommends approval (5-0).
BACKGROUND
In accord with the current 69kV Transmission Line Re-build project initiative, staff is
undertaking the identification of the additional land rights necessary to accommodate the
construction and operation of the improved electric transmission and distribution system.
In respect to the 3.480 acre tract owned by Gary Dennis Dillard, the proposed electric
transmission line project initially required the acquisition of easement rights encumbering a
0.911 acre tract of land, to accommodate proposed overhead electric transmission power line
facilities. That offer to purchase electric transmission power line easement being approved by
th
City Council on April 17 (Ordinance 2012-079). Upon further analysis of overall electric
system requirements, Denton Municipal Electric has since identified the need to construct a new
electric substation, proposed to be situated on the south side of McKinney Street, along the
proposed electric transmission power line corridor. The site footprint of the proposed
McKinney Street electric substation requires the fee simple purchase of the entirety of the 3.480
Dillard property tract.
The City Council considered and approved an initial offer to purchase the captioned fee simple
00
land rights on August 7, 2012, for the purchase price of $326,208. (Ordinance 2012-164). That
initial offer to purchase land rights was extended to Gary Dennis Dillard on August 13, 2012 via
certified mail.
Pyles-Whatley Corporation has provided a real estate appraisal report in regard to the Gary
Dennis Dillard property tract and the land rights necessary for the Project. Their findings
constitute the present offer to purchase. Situated within the fee tract acquisition area is a
residential structure, presently occupied by a month to month tenant. The Project requires
removal of the residential structure.
As per state statute changes precipitated by the passage of Senate Bill 18, future occupancy of
the residential structure may accrue entitlements in respect to a Residential 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.
Since the time of offer to purchase the fees simple tract was made, there has been dialogue and
correspondence with Gary Dennis Dillard and others representing his interests, however, there is
a variance of beliefs in respect to the City’s appraiser’s opinion of value of the affected 3.480
tract and the opinion of value of the affected property owner
Approval of the ordinance under consideration authorizes staff to extend a Final Offer to Gary
Dennis Dillard for the captioned fee simple land rights necessary for the expansion of electric
utility facilities.
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.
th
PUB April 9(Electric EasementAcquisition), and July 23, 2012 (Executive Session regarding
Substation sites)
City Council April 17, 2012 (Electric Easement Acquisition)
City Council August 7, 2012 (Fee Simple Acquisition)
October 8, 2012 - The Public Utilities Board recommends approval (5-0).
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General
Obligation Bonds which will be paid by Transmission Revenue received from all other electric
utilities who are members of the Electric Reliability Council of Texas (ERCOT). The purchase
00
offer price of $326,208. plus closing costs as prescribed in the Agreement are to be funded
through these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map
2.Ordinance
3.Contract
4.PUB Minutes
Respectfully submitted,
Phillip Williams
General Manager
Electric Administration
Denton Municipal Electric
Prepared by,
Pamela England
Real Estate Specialist
EXHIBIT1
LOCATION MAP
Denton Municipal Electric
Proposed Acquisition
Gary Dillard - 3.4 Acres
LEGEND
SITE
PARCELS
TM LINE
TM LINE
EASEMENT
Denton Municipal Electric Proposed Acquisition
Gary Dillard - P7 3.4 Acres
15075150300
FEET
0
EXHIBIT2
16, 2012\dillard\ex 2 - draft ordinance-final
\\codad\departments\utilities administration\shared\city council\cc 2012\october
offer.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 CITY OF DENTON,
DENTON COUNTY, TEXAS, AND SITUATED 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 INTERESTS”), FOR THE PUBLIC USE OF EXPANDING AND
IMPROVING ELECTRIC UTILITIES; AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO MAKE AN OFFER TO (1) GARY DENNIS DILLARD (THE “OWNER”); (2)
SUCCESSORS IN INTEREST TO THE OWNER TO THE PROPERTY INTERESTS; OR (3)
ANY OTHER OWNERS OF THE PROPERTY INTERESTS, 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; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an initial offer to the Owner to purchase the
Property Interests on August 13, 2012, pursuant to Ordinance No. 2012-164, passed and
approved by the City Council of the City of Denton on August 7, 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 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 make the final
offer to (i) the Owner; (ii) any and all of Owner’s successors in interest to the Property Interests;
or (iii) any other parties who may own any interest in the Property Interests, as may be
applicable, to purchase the Property Interests.
SECTION 3. The City Manager, or his designee, is hereby authorized to execute for and
behalf of the City (a) the Contract, by and between the City and (i) Owner; (ii) any and all of
Owner’s successors in interest to the Property Interests; or (iii) any other parties who may own
any interest in the Property Interests, as may be applicable, in the form attached hereto and 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 (b) 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 (i) Owner; (ii) any and all of Owner’s successors in interest to
the Property Interests; or (iii) any other parties who may own any interest in the Property
Interests, as may be applicable, 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 Contract.
SECTION 5. The City Manager is authorized to make 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 6. The offer to (i) Owner; (ii) any and all of Owner’s successors in interest to
the Property Interests; or (iii) any other parties who may own any interest in the Property
Interests, as may be applicable, shall be made in accordance with all applicable law.
SECTION 7. 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 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
By: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: __________________________________
EXHIBIT3
CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF DENTON §
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 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 “Effective 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 appurtenances 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, 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 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 earth to a depth of five 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 Property is the
sum of Three Hundred Twenty Six Thousand Two Hundred Eight and No/100 Dollars
00
($326,208.) (the “Purchase Price”).
2.02 Earnest Money
. Buyer shall deposit the sum of One Thousand and No/100
00
Dollars ($1,000.), 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
00
benefit of Seller, a check in the amount of One Hundred and No/100 Dollars ($100.)
(the “Independent Contract Consideration”), which amount the parties hereby
acknowledge 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 Property, including a list of
liens, mortgages, 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 “Exception”).
(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 instruments
that create or evidence Exceptions (the “Exception 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 Property 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 fifteen (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
Contract 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 back
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.
3.05 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
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
Contract of Sale
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 Contract and ending seventy five (75) 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
Article IV,Section
Buyer elects to terminate this Contract pursuant to the terms of this
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
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 party 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
Article V,Section 5.02(a)
in the Leases, as defined in .
(c)
The Seller has good and indefeasible fee simple title to the Property, subject only
to the Permitted Exceptions.
Contract of Sale
(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 threatened 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 Property and operation or intended operation
thereof, or any portion thereof, of which Seller has knowledge.
(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
broker, agent, finder, or any other party in connection with this transaction or
taken any action which would result in any real estate broker commissions or
finder’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 knowledge, 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,
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 Control 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.
Contract of Sale
(j)Article V,Section 5.02(a)
All Leases, as defined in , 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.
(k)
The Seller is not a “foreign person” as defined in Section 1445 of the Internal
Revenue Code of 1986, as amended.
(l)
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 agreements and/or licenses of any
kind or nature (if oral, Seller shall provide to Buyer in writing all material
terms thereof) 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 modifications, 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
agreement, conveyance or any other agreement of any kind with respect
to, or affecting, the Property 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 take, or omit to take, 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
Contract of Sale
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 Property under any written or oral contracts
arising or entered into prior to Closing.
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,
Article VII,Section 7.02(a)
be merged with the Special Warranty Deed, as described in .
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 IIIArticle III
, all of Buyer’s objections made in accordance with .
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 portion 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
Article IV,Section 4.01
delivers notice to Seller pursuant to 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.
Contract of Sale
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 Seller, 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 take 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
items:
Article III,Section 3.05
(i) The Title Policy, in the form specified in ;
(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 acknowledged;
(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:
Article II,Section 2.01,
(i) The sum required by less the Earnest Money and
interest earned thereon, in the form of a check or cashier’s check 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
Contract of Sale
Section
this Contract and without limiting the general application of the provisions of
5.03Article VII,Section 7.03
, above, the provisions of this 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 known 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 known, 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. 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
Contract of Sale
Article VII,
(iii) Seller fails to deliver at Closing, the items specified in
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 Seller 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, encumbrances,
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
(iii) Seek 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
Article VII,Section 7.02(b)
at Closing, the items specified in 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.
Contract of Sale
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
Copies to:
For Seller: For Buyer:
__________________________ Richard Casner, Deputy City Attorney
__________________________ City Attorney’s Office
__________________________ 215 E. McKinney
__________________________ Denton, Texas 76201
Telecopy: __________________ 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 IN 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, acknowledge and record a memorandum of this Contract in the Real
Contract of Sale
Property Records of Denton County, Texas, imparting notice of this Contract to the
public.
9.05 Risk 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
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
Article VII
in, 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
Section 5.03
limiting the general application of the provisions of , above, the provisions
Article IX,Section 9.06
of this 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,
taken 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
Contract of Sale
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 taken 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 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 Contract.
SELLER:
______________________________________
Gary Dennis Dillard
Executed by Seller on the ________ day of ________________________, 2012.
BUYER:
By: __________________________________
GEORGE C. CAMPBELL, CITY MANAGER
Executed by Buyer on the ________ day of ________________________, 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
Contract of Sale
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _______________________________
Contract of Sale
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges 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 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) 381-1006
Telecopy: (940) 898-0121
By: ____________________________________
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 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.;
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 01 degrees 16 minutes 43 seconds West, with the west line of said
POINT OF BEGINNING
Cohagen tract, a distance of 528.84 feet to the 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 WARRANTY 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 acknowledged and
confessed, subject to the reservations set forth 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 Property. 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, 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 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 Property; and (ii) all substances 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]
Grantor hereby assigns, without recourse or representation, to Grantee, any and all
claims or causes of action that Grantor may have for or related to any errors, omissions,
defects in or injury to the Property.
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
Contract of Sale
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 when the claim is by, through, or under
Grantor but not otherwise.
EXECUTED the _______ day of _______________, 2012
______________________________________
Gary Dennis Dillard
ACKNOWLEDGMENT
THE STATE OF ________ §
COUNTY OF __________ §
This instrument was acknowledged before me on ____________________,
_______, 2012 by Gary Dennis Dillard.
______________________________
Notary Public, State of Texas
My commission expires: _________
Upon Filing Return To: Send Tax Billing Statements To:
The City of Denton-Engineering The City of Denton
Attn: Paul Williamson Attn: Finance Department
901-A Texas Street 215 East McKinney Street
Denton, TX 76209 Denton, Texas 76201
Contract of Sale
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 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.;
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 01 degrees 16 minutes 43 seconds West, with the west line of said
POINT OF BEGINNING
Cohagen tract, a distance of 528.84 feet to the and containing
3.480 acres of land, more or less.
Contract of Sale
EXHIBIT4
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3October 8, 2012
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7Monday, October 8, 2012 at 9:03 a.m. in the Service Center Training Room, City of Denton
8Service Center, 901-A Texas Street, Denton, Texas.
9
10Present: Vice Chair Billy Cheek, Phil Gallivan, Barbara Russell, Leonard Herring
11and Lilia Bynum
12
13Absent – Excused: Chairman Dick Smith andRandy Robinson
14
15Ex Officio Members: Howard Martin, ACM Utilities
16
OPEN MEETING:
17
18
CONSENT AGENDA:
19
20
213) Consider a recommendation for City Council to adopt an ordinance finding that a public use
22and necessity exists to acquire fee simple to an approximate 3.480 acre tract located in the City
23of Denton, Denton County, Texas, and situated in the M.E.P. & P.R.R. Co. Survey, Abstract
24Number 1475, City of Denton, Denton County, Texas, as more particularly described on Exhibit
25“A”, attached to the ordinance and made a part thereof, located generally along the 2500 block of
26East McKinney Street, (the “Property Interests”), for the public use of expanding and improving
27electric utilities; authorizing the City Manager or his designee to make an offer to (1) Gary
28Dennis Dillard (the “Owner”); (2) successors in interest to the owner to the Property Interests; or
29(3) any other owners of the Property Interests, to purchase the Property Interests for the purchase
30price of Three Hundred Twenty Six Thousand Two Hundred Eight Dollars and No Cents
31($326,208), and other consideration as prescribed in the Contract of Sale (the “Agreement”), as
32attached to the ordinance and made a part thereof as Exhibit “B”; authorizing the expenditure of
33funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project).
34
A motion to approve item 3 was made by Board Member Gallivan with a second by Board
35
Member Russell. The vote was 5-0.
36
37
38Adjournment 9:55am
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance approving an Advance Funding Agreement for a project using
funds held in the State Highway 121 Subaccount in the amount of $847,511.73 between the City
of Denton and the State of Texas for the removal of medians and the placement of temporary
pavement along U.S. Highway 380 from east of Bonnie Brae Street to U. S. Highway 377 in the
City of Denton; authorizing the City Manager or his designee to execute said agreement on
behalf of the City of Denton and to expend funds as necessary under said Agreement; and
declaring an effective date.
BACKGROUND
The City of Denton will be relocating utilities along U.S. Highway 380 (University Drive)
between Bonnie Brae Street and U.S. Hwy. 377 in conjunction with the Texas Department of
Transportation (TxDOT) widening of this same stretch of roadway. It is anticipated that the City
will bid the utility work in January 2013. In conjunction with this utility work, the City will be
removing medians from east of Bonnie Brae Street to just west of Hinkle, placing temporary
pavement where the medians were, striping the revised pavement, and placing a temporary signal
at Malone Street in order to facilitate construction of the utility relocates (providing more
effective working space) and to make the affected section ready for the TxDOT pavement
project. The State will fund the entire project from S.H. 121 tolling proceeds, or Regional Toll
Revenue (RTR) funds, meaning that there will be no local match requirement and that funding
will be provided upon execution of the agreement by the State.
After approval at City Council and execution, the Advanced Funding Agreement will be routed
to TxDOT for further execution.
OPTIONS
1.Approve the Advance Funding Agreement for a Project Using Funds Held in the State
Highway 121 Subaccount in the amount of $847,511.73.
2.Reject the Advance Funding Agreement for a Project Using Funds Held in the State Highway
121 Subaccount in the amount of $847,511.73.
RECOMMENDATION
Staff recommends approval of the Advance Funding Agreement for a Project Using Funds Held
in the State Highway 121 Subaccount between the City of Denton and the Texas Department of
Transportation in the amount of $847,511.73 for the removal of medians and the placement of
temporary pavement along U.S. Highway 380 from east of Bonnie Brae Street to west of Hinkle.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Not applicable.
FISCAL INFORMATION
All of the funding for the project will be through RTR funds.
BID INFORMATION
Not applicable.
EXHIBITS
1.Ordinance
2.Advance Funding Agreement for a Project Using Funds Held in the State Highway 121
Subaccount.
Respectfully submitted,
Frank G. Payne, P.E.
City Engineer
ORDINANCE NO. 2012- _______
AN ORDINANCE APPROVING AN ADVANCE FUNDING AGREEMENT FOR A
PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT IN THE
AMOUNT OF $847,511.73 BETWEEN THE CITY OF DENTON AND THE STATE OF
TEXAS FOR THE REMOVAL OF MEDIANS AND THE PLACEMENT OF TEMPORARY
PAVEMENT ALONG U.S. HIGHWAY 380 FROM EAST OF BONNIE BRAE STREET TO
U. S. HIGHWAY 377 IN THE CITY OF DENTON; AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
DENTON AND TO EXPEND FUNDS AS NECESSARY UNDER SAID AGREEMENT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the State of Texas has received money from the North Texas Tollway
Authority (“NTTA”) for the right to develop, finance, design, construct, operate, and maintain
the State Highway 121 toll project from Business SH 121 in Denton County, Texas to U.S. 75 in
Collin County, Texas (“SH 121 Payments”); and
WHEREAS, pursuant to Texas Transportation Code (“Transportation Code”) Section
228.006 the State shall authorize the use of surplus revenue of a toll project for a transportation
project, highway project, or air quality project within the region of the Texas Department of
Transportation (“TXDOT”) in which any part of the toll project is located, pursuant to
Transportation Code Section 288.012, the State of Texas has created a separate subaccount in the
state highway fund to hold such money (the “SH 121 Subaccount”), and the State holds such
money in trust for the benefit of the region in which a project is located, and may assign the
responsibility for allocating money in the subaccount to a metropolitan planning organization
(“MPO”); and
WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Transportation
Commission (“Commission”) approved a memorandum of understanding (“MOU”) with the
Regional Transportation Council (“RTC”), which is the transportation policy council of the
North Central Texas Council of Governments (“NCTCOG”) and a federally-designated MPO,
concurring in part, the administration, sharing, and use of surplus toll revenue in the region;
under the MOU the RTC shall select projects to be finalized using surplus revenue from a toll
project, subject to Commission concurrence; and
WHEREAS, the City of Denton, Texas is a local governmental entity which has
requested money from the SH 121 Subaccount for construction to facilitate the Local
Government’s utility relocation, to include the removal of medians and the placement of
temporary pavement along U.S. 380 from east of Bonnie Brae Street to west of Hinkle in the
City of Denton, Texas, to allow for and be used during the State’s reconstruction and widening
from a 4-lane divided roadway to a 6-lane divided roadway (CSJ 0134-09-034) (“Project”); the
RTC has selected the Project to be funded from the SH 121 Subaccount; and the Commission
concurred in the selection and authorized the expenditure of money in Minute Order 113074,
dated April 26, 2012; and
1
WHEREAS, the City of Denton, Texas is a local government, a Texas home-rule city,
and political subdivision and governmental entity by statutory definition, and has applied for
funding as referenced hereinabove; and Texas Government Code, Chapter 791, and Texas
Transportation Code, Section 201.209 authorize the State of Texas to contract with
municipalities and political subdivisions to perform governmental functions and services; and
WHEREAS, NCTCOG and the RTC have the authority to assist the Local Government’s
implementation of financial reporting and environmental review related to a transportation
project funded by the State of Texas using money from the SH 121 Subaccount; and
WHEREAS, the City Council having considered the Advanced Funding Agreement that
is required by the Texas Department of Transportation (“TXDOT”), and considering the
importance of the Project to the citizens of Denton, Texas, is of the opinion that it should
approve the above-referenced Advanced Funding Agreement by and between the City and
TXDOT; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council authorizes and in all things approves the execution of the
“Advanced Funding Agreement for Project Using Funds Held in the State Highway 121
Subaccount – Highway Improvements – On-System Project” (“Advanced Funding Agreement”)
by and between the City of Denton, Texas and the Texas Department of Transportation
(“TXDOT”) by George C. Campbell, City Manager; a copy of the said Advanced Funding
Agreement is attached hereto as Exhibit “A” and is incorporated by reference herein; said
Agreement being in the amount of $847,511.73.
SECTION 2. The City Manager is hereby authorized by the City Council to expend
funds and to make such payments as are necessary as provided for under the said Advanced
Funding Agreement that is attached hereto and incorporated herewith by reference.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _____ day of ___________________, 2012.
________________________________
MARK A. BURROUGHS, MAYOR
2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: __________________________________
3
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
18-Dallas
District:
11400
Code Chart #:
Project: US 380
From West of Bonnie Brae Street to US 377
Limits:
RTR (SH 121 Subaccount )
Funding Category:
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
FOR PROJECT USING FUNDS HELD IN THE
STATE HIGHWAY 121 SUBACCOUNT
Highway Improvements
On-System Project
(the Agreement) is between the State of Texas, acting by and thr
THIS AGREEMENT
the Texas Department of Transportation (the State), and the City
Government), collectively, the Parties.
WITNESSETH
the State has received money from the North Texas Tollway Author
WHEREAS,
right to develop, finance, design, construct, operate, and maint
from Business SH 121 in Denton County to US 75 in Collin County
and
pursuant to Transportation Code, 228.006 the State shall autho
WHEREAS,
of surplus revenue of a toll project for a transportation projec
quality project within the region of the Texas Department of Tra
part of the toll project is located; pursuant to Transportation
created a separate subaccount in the state highway fund to hold
(SH 121 Subaccount), and the State shall hold such money in trus
region in which a project is located, and may assign the respons
in the subaccount to a metropolitan planning organization (MPO);
, in Minute Order 110727, dated October 26, 2006, the Texas Tran
WHEREAS
Commission (the Commission) approved a memorandum of understan
the Regional Transportation Council (RTC), which is the transpor
the North Central Texas Council of Governments (NCTCOG) and a fe
MPO, concerning in part the administration, sharing, and use of
region; under the MOU the RTC shall select projects to be financ
from a toll project, subject to Commission concurrence; and
Page 1 of 9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
18-Dallas
District:
11400
Code Chart #:
Project: US 380
From West of Bonnie Brae Street to US 377
Limits:
RTR (SH 121 Subaccount )
Funding Category:
, the Local Government has requested money from the SH 121 Subac
WHEREAS
for: construction to facilitate the Local Government's utility r
removal of medians and the placement of temporary pavement along
of Bonnie Brae Street to west of Hinkle in the City of Denton, t
during the State's reconstruction and widening from a 4-lane div
divided urban roadway (CSJ 0134-09-034) (Project); the RTC has s
be funded from the SH 121 Subaccount; and the Commission concurr
and authorized the expenditure of money in Minute Order 113074,
and
the Local Government is a political subdivision and governmental
WHEREAS,
statutory definition; and
Government Code, Chapter 791, and Transportation Code, §201.209
WHEREAS,
authorize the State to contract with municipalities and politica
governmental functions and services; and
NCTCOG and the RTC should have authority to assist the Local
WHEREAS,
Governments implementation of financial reporting and environme
transportation project funded by the State using money from the
the Parties agree as follows:
NOW, THEREFORE,
AGREEMENT
Article 1. Time Period Covered
This Agreement becomes effective when signed by the last party w
the agreement fully executed, and the State and the Local Govern
be in full force and effect until the Project described herein h
accepted by all parties or unless terminated, as hereinafter pro
Article 2. Project Funding
The State will pay money to the Local Government from the SH 121
amounts specified in Attachment A, Payment Provision and Work Re
as provided in the next succeeding sentence, the payments will b
the later of the following: (1) fifteen days after the Legislat
Governor each approve the expenditure, in accordance with Rider
nd
Department of Transportation bill pattern in House Bill 1, 82 Legislature; and (2) thirty
days after execution of this Agreement. If Attachment A shows t
payments to the Local Government for a certain expenditure (e.g.
Project in a certain fiscal year, then the State will make the p
Subaccount to the Local Government for such expenditure no later
beginning of the designated Fiscal Year. A Fiscal Year begins o
Page 2 of 9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
18-Dallas
District:
11400
Code Chart #:
Project: US 380
From West of Bonnie Brae Street to US 377
Limits:
RTR (SH 121 Subaccount )
Funding Category:
example, the 2012 Fiscal Year began September 1, 2011).
Article 3. Separate Account; Interest
All funds paid to the Local Government shall be deposited into a
interest earned on the funds shall be kept in the account. Inte
only for the purposes specified in Attachment A, Payment Provisi
Responsibilities, and only after obtaining the written approval
Governments use of interest earned will not count towards the 2
requirement set forth in this Agreement.
Article 4. Shortfalls in Funding
The Local Government shall apply all funds to the scope of work
in Attachment A, Payment Provisions and Work Responsibilities, a
cost overruns are the responsibility of the Local Government. H
be insufficient to complete the work contemplated by the Project
may make further request to the RTC and the State for additional
Subaccount. Funds may be increased only through an amendment of
the SH 121 Subaccount does not contain sufficient funds to cover
to complete the Project, or if the RTC or the Commission decline
reason, then the Local Government shall be responsible for any s
Article 5. Return of Project Funding
The Local Government shall reimburse the State for any funds pai
that are not expended in accordance with the requirements of thi
completion of the Project, the Local Government will issue a sig
Completion document to the State acknowledging the Projects co
end, or upon termination of this Agreement, excess SH 121 Subacc
including interest earned, such funds shall be returned to the S
for funds the Local Government has already expended in accordanc
the Local Government shall return to the State the funds paid un
together with any interest earned on the funds if the Project is
years of execution of the Agreement.
Article 6. Local Match Not Applicable to this Agreement
The Local Government shall be responsible for the required 20 pe
described in Attachment A, Payment Provisions and Work Responsib
incurred by the Local Government prior to the execution of this
towards the 20 percent local match requirement provided such cos
approved phases as shown in Attachment A. At the end of each Fi
Governments cumulative expenditures of local match funds must b
percent of the cumulative SH 121 Funds received by the Local Gov
under the Agreement, and must be for the uses approved for payme
up to that date as specified in Attachment A, Payment Provision
Page 3 of 9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
18-Dallas
District:
11400
Code Chart #:
Project: US 380
From West of Bonnie Brae Street to US 377
Limits:
RTR (SH 121 Subaccount )
Funding Category:
Responsibilities.
Article 7. Procurement and Contracting Process
The State may review the Local Governments procurement of profe
engineering, surveying, and right of way acquisition, letting of
conduct of construction management and inspection. The Local Go
compliance with state law and regulations, and with local laws,
and procedures. The Local Government shall maintain a copy of t
Projects files.
Article 8. Design Standards and Construction Specifications
The Local Government shall implement the Project using the State
standards, construction specifications, procurement processes, a
management and inspection procedures.
Article 9. Right of Way
Except for right of way owned by the State or to be acquired by
plans of the Project as approved by the State, the Local Governm
necessary right of way needed for the Project. Right of way acq
for reimbursement provided such cost is an RTC-approved phase as
A.
Article 10. Utilities
The Local Government shall be responsible for the adjustment, re
utility facilities in accordance with State laws and regulations
rules, policies and procedures, applicable to the Local Governme
Government must obtain advance approval for any variance from es
The RTC-approved costs for utilities as shown in Attachment A, i
adjust, remove, or relocate utility facilities.
Article 11. Compliance with Laws; Environmental Review and Publ
The State will provide environmental documents to include public
environmental review according to, but not limited, to 43 T.A.C.
Each Party shall comply with all federal, state, and local laws,
and regulations, and the orders and decrees of any courts, admin
tribunals affecting the performance of this Agreement as applica
the Local Government shall furnish the State with satisfactory p
Article 12. Compliance with Texas Accessibility Standards and A
The Local Government shall ensure that the plans for and the con
is in compliance with the Texas Accessibility Standards (TAS) is
Department of Licensing and Regulation, under the Architectural
9102, Texas Civil Statutes. The TAS establishes minimum accessib
Page 4 of 9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
18-Dallas
District:
11400
Code Chart #:
Project: US 380
From West of Bonnie Brae Street to US 377
Limits:
RTR (SH 121 Subaccount )
Funding Category:
consistent with minimum accessibility requirements of the Americ
(P.L. 101-336).
Article 13. Work Outside the Project Site
The Local Government shall provide both the necessary right of w
property interests needed for the Project.
Article 14. Insurance
If this agreement authorizes the Local Government or its contrac
on State right of way, before beginning work the entity performi
the State with a fully executed copy of the State's Form 1560 Ce
verifying the existence of coverage in the amounts and types spe
Insurance for all persons and entities working on State right of
maintained until all work on the State right of way is complete.
maintained, all work on State right of way shall cease immediate
recover damages and all costs of completing the work.
Article 15. Audit
Within 120 days of completion of the Project, the Local Governme
of the costs of the Project. Any funds due to the State will be
Government.
Article 16.Maintenance
The State shall be responsible for maintenance of the Project, u
for in prior existing maintenance agreement with the Local Gover
Article 17. Responsibilities of the Parties
The State and the Local Government agree that neither party is a
a.
or employee of the other party and each party agrees it is respo
individual acts and deeds, as well as the acts and deeds of its
employees, representatives, and agents.
To the extent permitted by law, the Local Government agrees to i
b.
save harmless the State, its agents and employees from all suits
and from all liability and damages resulting from any and all in
sustained by any person or property in consequence of any neglec
omission in the performance of the design, construction, mainten
of the Project by the Local Government, its contractor(s), subco
and employees, and from any claims or amounts arising or recover
"Workers' Compensation laws"; the Texas Tort Claims Act, Chapter
Civil Practice and Remedies Code; or any other applicable laws o
as from time to time may be amended.
The Parties expressly agree that the Project is not a joint vent
c.
However, if a court should find that the Parties are engaged in
Page 5 of 9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
18-Dallas
District:
11400
Code Chart #:
Project: US 380
From West of Bonnie Brae Street to US 377
Limits:
RTR (SH 121 Subaccount )
Funding Category:
enterprise, then the Local Government, to the extent provided by
any liability adjudicated against the State for acts and deeds o
Government, its employees or agents during the performance of th
To the extent provided by law, the Local Government shall also i
d.
harmless the State from any and all expense, including, but not
attorneys fees which may be incurred by the State in litigation
resisting said claim or liabilities which may be imposed on the
such activities by the Local Government, its agents, or employee
e. The Local Government, by contract, shall require its contract
subcontractor(s), prior to doing any work on the Project to:
(1) secure an insurance policy in the maximum statutory limits f
naming the State as an additional insured under its terms; and
(2) indemnify and hold harmless the Local Government and the Sta
all claims, liability, and damage resulting from the contractor
subcontractors performance under the contract.
Article 18. Notices
All notices to either party by the other required under this Agr
personally or sent by certified or U.S. mail, postage prepaid or
(electronic notice being permitted to the extent permitted by la
written consent of the parties), addressed to such party at the
Local Government: State:
City of Denton
Texas Department of Transportation
Attention: City Engineer
Attn: Director of Contract Services
th
901-A Texas Street
125 East 11 Street
Denton, Texas 76209
Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so
unless otherwise provided herein. Either party may change the ab
written notice of the change to the other party. Either party ma
notices shall be delivered personally or by certified U.S. mail
honored and carried out by the other party.
Article 19. Right of Access
If the Local Government is the owner or otherwise controls acces
Project, the Local Government shall permit the State or its auth
access to the site to perform any activities authorized in this
Page 6 of 9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
18-Dallas
District:
11400
Code Chart #:
Project: US 380
From West of Bonnie Brae Street to US 377
Limits:
RTR (SH 121 Subaccount )
Funding Category:
Article 20. Project Documents
Upon completion or termination of this Agreement, all documents
shall remain the property of the State. All data prepared under
Local Government shall be made available to the State without re
their further use. All documents produced or approved or otherwi
Government shall be transmitted to the State in the form of phot
required by the State. The originals shall remain the property o
the request of the State, the Local Government shall submit any
the State in the format directed by the State.
Article 21. Inspection of Books and Records
The Local Government shall keep a complete and accurate record t
performance of the work on the Project and to expedite any audit
The Local Government shall maintain records sufficient to docume
under the Agreement were expended only for eligible costs that w
accordance with all applicable state and local laws, rules, poli
accordance with all applicable provisions of this Agreement. Th
maintain all books, documents, papers, accounting records and ot
relating to costs incurred under this Agreement and shall make s
the State for review and inspection during the contract period a
the date of completion of work defined under this Agreement or u
or claims are resolved, whichever is later. Additionally, the St
governmental records that are directly applicable to this Agreem
making audits, examinations, excerpts, and transcriptions.
Article 22. NCTCOG
Acceptance of funds directly under the Agreement or indirectly t
under the Agreement acts as acceptance of the authority of NCTCO
the Local Governments implementation of financial reporting and
concerning the Project. The Local Government shall provide to N
basis a report of expenses, including the Local Governments exp
funds. The report shall list separately the expenditures by Pro
Attachment A, including but not limited to engineering, environm
acquisition, and construction. The report shall also describe i
from the SH 121 Subaccount, including the interest rate, interes
and cumulative interest earned. The report shall further descri
the Project. Not less than 60 days before the environmental rev
to the governing body of the Local Government for final approval
shall submit the document to NCTCOG for review and comment. NCTC
the Local Government technical assistance on the environmental r
mutually agreed between NCTCOG and the Local Government.
Page 7 of 9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
18-Dallas
District:
11400
Code Chart #:
Project: US 380
From West of Bonnie Brae Street to US 377
Limits:
RTR (SH 121 Subaccount )
Funding Category:
Article 23. State Auditor
The state auditor may conduct an audit or investigation of any e
the State directly under the Agreement or indirectly through a s
Agreement. Acceptance of funds directly under the Agreement or i
subcontract under this Agreement acts as acceptance of the autho
under the direction of the legislative audit committee, to condu
in connection with those funds. An entity that is the subject of
must provide the state auditor with access to any information th
relevant to the investigation or audit.
Article 24. Amendments
By mutual written consent of the Parties, this contract may be a
expiration.
Article 25. Termination
The Agreement may be terminated in the following manner:
by mutual written agreement and consent of both parties;
by either party upon the failure of the other party to fulfill
herein, after a 45 day period to cure after receiving written no
compliance;
by the State if the Local Government does not let the construct
Project within one year after the State first provides 121 Funds
shown in Attachment A, Payment Provision and Work Responsibiliti
by the State if the Local Government does not complete the Proj
after the effective date of the Agreement;
by the State if it determines that the performance of the Proje
interest of the State.
Article 26. Work by Debarred Person
The Local Government shall not contract with any person that is
proposed for debarment, declared ineligible, or voluntarily excl
transactions by any federal agency or that is debarred or suspen
Article 27. Sole Agreement
The Agreement constitutes the sole and only agreement between th
supersedes any prior understandings or written or oral agreement
Agreements subject matter.
Article 28. Successors and Assigns
The State and the Local Government each binds itself, its succes
and administrators to the other party to this agreement and to t
assigns, and administrators of such other party in respect to al
Page 8 of 9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
18-Dallas
District:
11400
Code Chart #:
Project: US 380
From West of Bonnie Brae Street to US 377
Limits:
RTR (SH 121 Subaccount )
Funding Category:
agreement. The Local Government may assign its interests under
with the written approval of the State.
Article 29. Remedies
The Agreement shall not be considered as specifying an exclusive
the Agreement. All remedies existing at law or in equity are av
are cumulative.
Article 30. Legal Construction
If a provision of the Agreement shall be held invalid, illegal o
invalidity, illegality or unenforceability shall not affect any
Agreement shall be construed as if it did not contain the invali
provision.
Article 31. Signatory Warranty
The signatories to this agreement warrant that each has the auth
agreement on behalf of the party they represent.
have executed
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT
duplicate counterparts to effectuate this Agreement.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas T
Commission for the purpose and effect of activating and/or carry
established policies or work programs heretofore approved and au
Transportation Commission.
By Date _______
Janice Mullenix
Director, Contract Services Section, General Services Division
THE LOCAL GOVERNMENT CITY OF DENTON
By: Date
George C. Campbell
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page 9 of 9
By: __________________________________
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
18-Dallas
District:
11400
Code Chart #:
Project: US 380
From West of Bonnie Brae Street to US 377
Limits:
RTR (SH 121 Subaccount )
Funding Category:
ATTACHMENT A
Payment Provision and Work Responsibilities
For CSJ# , the State will pay from the SH 121 Subaccount for:
0134-09-034$847,511.73
construction to facilitate the Local Government's utility reloca
medians and the placement of temporary pavement along US 380 fro
Brae Street to west of Hinkle in the City of Denton, to allow fo
State's reconstruction and widening from a 4-lane divided roadwa
urban roadway.
In accordance with the allocation of funds approved by the RTC,
the Texas Transportation Commission, the State will apply SH 121
the following work in the following Fiscal Years:
PROJECT COSTS
Regional Toll
Fiscal Total Estimate Revenue (RTR) Local
Description Year Cost 121 Government
SH Subaccount
Participation
Funds Participation
Utilities 2012$847,511.73 100% $847,511.73 0% $0
$847,511.73 $847,511.73 $0
TOTAL
The Local Government required Local Match is not applicable to t
Upon completion of the Project, the Local Government will issue
Completion" document to the State. The notice shall certify tha
completed, all necessary inspections have been conducted, and th
traffic.
1 of 1
AGENDA INFORMATION SHEET
AGENDA DATE:
October 16, 2012
DEPARTMENT:
Denton Municipal Electric
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to an approximate 1.9088 acre tract located in the City of Denton, Denton County, Texas,
and situated in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton
County, Texas, as more particularly described on Exhibit “A”, attached to the ordinance and
made a part thereof, located generally along the south line of Virginia Circle, just south of
University, (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 (1) C.S. Residential,
Inc. (the “Owner”); (2) successors in interest to the owner to the Property Interests; or (3) any
other owners of the Property Interests, to purchase the Property Interests for the purchase price of
Two Hundred Twenty Eight Thousand Six Hundred Fifty Two Dollars and No Cents
00
($228,652.), and other consideration as prescribed in the Contract of Sale (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. (69kV Transmission Line Re-build Project
Parcel 27 Purple Route) The Public Utilities Board recommended approval (5-0).
BACKGROUND
In accord with the current 69kV Transmission Line Re-build project initiative, staff is
undertaking the identification of the additional land rights necessary to accommodate the
construction and operation of the improved electric transmission and distribution system.
AR/WS Appraisal LP has been engaged to provide real estate appraisal services in regard to the
subject tract that will be affected by the Project.
In respect to the tract owned by C.S. Residential, Inc., the project requires the fee simple
acquisition of a 1.9088 acre tract of land, to accommodate the placement of electric utility
facilities and the operational workspace/material staging area requirements necessary during
Project construction activities. City Council approved a Contract of Sale for this acquisition on
April 19, 2012 (Ordinance 2012-084). During the Feasibility Review Period the City
commissioned W & M Environmental Group, Inc. to perform a Phase One Environmental Site
Assessment. Thereafter, the Contract of Sale was terminated by the City on June 22, 2012,
specifically on the grounds relating to the observation of a Recognized Environmental Concern
(REC), as reported in the (ESA). Since that time, additional investigative work was performed
on the City’s behalf by W and M Environmental Group, Inc. This additional soil sampling and
testing work has improved staff’s understanding of the site “fill-work” that had occurred over the
course of the last few decades. This additional environmental work has also proved to eliminate
the “fill-work” REC. A new Contract of Sale has been revived between the Owner and the City
of Denton, and staff recommends approval of the contract.
AR/WS Appraisal LP has provided a real estate appraisal report in regard to the C.S. Residential
Inc. property tract and the land rights necessary for the Project. 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.
April 9, 2012 Public Utility Board executive session and consent agenda
April 17, 2012 City Council executive session and consent agenda
October 8, 2012 – The Public Utilities Board recommended approval (5-0).
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General
Obligation Bonds which will be paid by Transmission Revenue received from all other electric
utilities who are members of the Electric Reliability Council of Texas (ERCOT). The purchase
00
offer price of $228,652. plus closing costs as prescribed in the Agreement are to be funded
through these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map
2.Ordinance and Contract
3.PUB Minutes
Respectfully submitted,
Phillip Williams
General Manager
Electric Administration
Denton Municipal Electric
Prepared by,
Pamela England
Real Estate Specialist
EXHIBIT1
S
S
Denton Municipal Electric
Proposed Acquisition
C.S. Residential Inc.
1.9088 Acres
LEGEND
SITE
PARCELS
TM LINE
TM LINE
EASEMENT
Denton Municipal Electric Proposed Acquisition
C. S. Residential Inc. - 1.9088 Acres
C:\Documents and Settings\1363778\Desktop\city_logo.jpg
15075150300
FEET
0
EXHIBIT2
EXHIBIT3
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3October 8, 2012
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7Monday, October 8, 2012 at 9:03 a.m. in the Service Center Training Room, City of Denton
8Service Center, 901-A Texas Street, Denton, Texas.
9
10Present: Vice Chair Billy Cheek, Phil Gallivan, Barbara Russell, Leonard Herring
11and Lilia Bynum
12
13Absent – Excused: Chairman Dick Smith andRandy Robinson
14
15Ex Officio Members: Howard Martin, ACM Utilities
16
OPEN MEETING:
17
18
CONSENT AGENDA:
19
20
214) Consider a recommendation for City Council to adopt an ordinance finding that a public use
22and necessity exists to acquire fee simple to an approximate 1.9088 acre tract located in the City
23of Denton, Denton County, Texas, and situated in the R.B. Longbottom Survey, Abstract
24Number 775, City of Denton, Denton County, Texas, as more particularly described on Exhibit
25“A”, attached to the ordinance and made a part thereof, located generally along the south line of
26Virginia Circle, just south of University, (the “Property Interests”), for the public use of
27expanding and improving electric utilities; authorizing the City Manager or his designee to make
28an offer to (1) C.S. Residential, Inc. (the “Owner”); (2) successors in interest to the owner to the
29Property Interests; or (3) any other owners of the Property Interests, to purchase the Property
30Interests for the purchase price of Two Hundred Twenty Eight Thousand Six Hundred Fifty Two
31Dollars and No Cents ($228,652), and other consideration as prescribed in the Contract of Sale
32(the “Agreement”), as attached to the ordinance and made a part thereof as Exhibit “B”;
33authorizing the expenditure of funds therefor; and providing an effective date. (69kV
34Transmission Line Re-build Project Parcel 27 Purple Route)
35
A motion to approve item 4 was made by Board Member Gallivan with a second by Board
36
Member Russell. The vote was 5-0.
37
38
39Adjournment 9:55am
AGENDA INFORMATION SHEET
AGENDA DATE
: October 16, 2012
DEPARTMENT
: Utility Administration
ACM:
Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving the “Wholesale
Wastewater Treatment Services Contract between the cities of Denton and Corinth, Texas;”
authorizing the expenditure of funds therefore; and providing an effective date. The Public
Utilities Board recommended approval (4-0).
BACKGROUND
Corinth has been a wholesale wastewater customer of Denton since 1971. During this wastewater
service period, since 2000 Corinth has diverted some of the wastewater flows to the UTRWD
wastewater system thereby reducing the load on the Denton wastewater system. Currently
Denton treats about 109 million gallons of wastewater from Corinth annually. The wastewater
flows to Denton from Corinth come from the “Denton” sewer basin as depicted in the Corinth
wastewater system. The Denton sewer basin in Corinth is mostly built out with minor growth
opportunities. The wastewater flows from Corinth to the Denton wastewater system discharge at
three points of connection as shown in Exhibits 3, 4 and 5. Two points of connection are
currently metered. Corinth is currently working on setting up a meter at the third point of
connection which is currently billed based on house count (Exhibit 5 connection).
The proposed Wholesale Wastewater Treatment Services Contract document (Contract) (Exhibit
4) is the same as the ones used for the Cities of Argyle and Krum, with some revisions reflecting
the new pretreatment standards as permitted by TCEQ. The highlights of the contract are as
follows:
Corinth will continue to discharge at the three points of connection shown in Exhibits 3, 4
and 5
Population updates from Corinth will be tied to the Corinth’s 5-year update of the
water/wastewater impact fee study
No impact fees will be assessed through December 2016 (the validity period of the
Corinth current impact fee study). After December 2016 Denton will charge impact fees
for any new connections in the Denton sewer basin of Corinth
Denton will conduct rate studies every six years. Corinth will have access to all data used
to calculate the proposed rates. Corinth will be provided at least sixty days advance
notice with the opportunity to review and comment on any proposed rate changes
The term of the Contract will be 10-years, with provision for two 5-year term extensions
based on mutual agreement of the parties
The approval of this Contract will bring the wholesale wastewater service provisions for Corinth
in uniformity with the other wholesale client cities and in compliance with the TCEQ
requirements.
RECOMMENDATION
Staff recommends approval of the Wholesale Wastewater Treatment Services Contract with the
City of Corinth.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
August 13, 2012: PUB recommended approval of the Wholesale Wastewater Treatment Services
Contract (4-0).
FISCAL INFORMATION
There will be no fiscal impact on the wastewater budget with approval of this Contract.
EXHIBITS
1.Ordinance
2.Wholesale Wastewater Treatment Services Contract
3.Point of Connection at Preserve
4.Point of Connection at Oakmont
5.Point of Connection at Winston
6.PUB Minutes
Respectfully submitted:
Jim Coulter
Director of Water/Wastewater Utilities
Prepared by:
P. S. Arora, P.E.
Assistant Director of Wastewater Utilities
EXHIBIT1
ORDINANCE NO. 2012- ________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE “WHOLESALE
WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITIES OF
DENTON AND CORINTH, TEXAS;” AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
“Wholesale Wastewater Services Contract between the Cities of Denton and Corinth, Texas” in
substantially the form of the Contract attached hereto, incorporated by reference and made a part
of this ordinance for all purposes (the “Contract”).
SECTION 2. The City Manager, or his designee, is authorized to make the expenditures
as set forth in the Contract, and to take all actions necessary and appropriate to perform said
Contract.
SECTION 3. 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
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: __________________________________
EXHIBIT2
EXHIBIT3
EXHIBIT4
EXHIBIT5
EXHIBIT6
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3August 13, 2012
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7Monday, August 13, 2012 at 9:03 a.m. in the Service Center Training Room, City of Denton
8Service Center, 901-A Texas Street, Denton, Texas.
9
10Present:Chairman Dick Smith, Billy Cheek, Barbara Russell, and Randy Robinson
11
12Absent – Excused: John Baines, Phil Gallivan, and Leonard Herring
13
14Ex Officio Members: Howard Martin, ACM Utilities, George Campbell, City Manager
15
ITEMS FOR INDIVIDUAL CONSIDERATION:
16
17
183) Consider a recommendation of an approval of the Wholesale Wastewater Treatment Services
19Contract between Cities of Denton and Corinth.
20
Board Member Russell asked if the length of time in this contract usual, five years.
21Arora
22stated they are going for a much shorter time; the others that we have with Argyle and Krum are
2330 years with 10 year options after that.
24
Russell then asked why Corinth wasn’t paying impact fees.
25P.S. Arora answered that there is
26a long history with Corinth. They have been a customer for a long time; in fact the flows have
27gone down in the City of Denton’s system. The area which is Denton/Corinth is mostly
28developed already. The only concession that was made was that when they are due to be updated
29in 2016 at that time they will begin getting charged.
30
A motion to approve item 3 was made by Board Member Russell with a second by Board
31
Member Cheek. The vote was 4-0.
32
33
34Adjournment 12:07pm
CITY OF DENTON CITY COUNCIL MINUTES
September 11, 2012
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 11, 2012 at 3:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council
Member Engelbrecht, Mayor Pro Tem Kamp, and Council Member Roden.
ABSENT: Mayor Burroughs.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for September 11, 2012.
Council did not have any questions of clarification on agenda items.
3. Receive a report, hold a discussion and give staff direction regarding the City’s Healthy
Incentives Program for employees.
Scott Payne, Risk Manager, stated that the Healthy Incentives Program was started in 2010. At
that time employees had to complete a health risk assessment. He presented demographic
information regarding the total number of participants. Wellness scores for 2011 were 88.2 and
in 2010 were 85.4. The wellness scores were generated from three major components. Mortality
risks, health risks and preventive service compliance. Biometric data that was previously missing
was currently known by employees. He reviewed the Health Risk Status stratification.
Employee’s health risk status had gone done from 2010. The top population health risks
included body weight, blood pressure, stress, medication/drugs for relaxation, and illness days
which went down from 2010 to 2011. The Preventative Health Services that the employees were
in least compliance with were reviewed. The assessment looked at a closer look at tobacco use.
Other areas looked at included body mass index, presenteeism, and readiness to change. He
noted that engaged employees had a higher age/general factor than non-engaged. The numbers
showed that employees engaged in their health risks cost the city less than those non-engaged.
Council Member Watts asked about the increase in the current budget for $1.4 million. The
presentation stated that the reason was the wellness program and people involved who found out
they had previously unknown health issues. He asked about the breakdown of that cost based on
participants versus nonparticipants.
Scott stated that he would have to ask United Health Care if that information could be broken out
from the data.
Council Member King asked if there would a percentage where those costs would top out.
Scott stated that he did not have an answer to that. There would always be a group of employees
who would be engaged and always be a group that no matter what the incentive would not be
engaged.
City of Denton City Council Minutes
September 11, 2012
Page 2
Council Member King asked if there were enough employees participating to achieve the cost of
the clinic more than paying an outside source.
Scott stated they were still looking at the true tangible costs and what measures for employee’s
health. To date, the Employee Health Center had 3,641 office visits, 1,122 lab work only
appointments which resulted in 81% utilization and 759 employee health risk assessments
performed.
Council Member Roden asked about the statistics on the use of the recreation centers since 2010
in terms of employee usage.
Scott stated that staff might be able to track that information but did not have it at this time.
Employees were encouraged to use the recreation centers and attend the various exercise
functions offered at the centers.
4. Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax
Increment Reinvestment Zone for approximately 700 acres of land located north of Airport
Road in the City’s industrially zoned area.
Linda Ratliff, Director of Economic Development, stated that the July 17, 2012 meeting, Council
discussed the proposal to create a TIRZ in the industrial park located north of Airport Road. All
existing sites required some form of infrastructure improvement. Jim Christal and Western Blvd.
were not built to current Mobility Plan requirements. In addition, Jim Christal and Western
Blvd, currently did not have water or wastewater services. Of the 650 acres, only one 27 acre
tract had sufficient infrastructure to support a business location. The property owners anticipate
$10-11 million for infrastructure costs. The definition of a TIRZ was a district where public
infrastructures were needed to promote development. The proposed TIRZ was for 20 years with
a 40% city and county participation. There would also be an additional incentive to the land
owner for the location of a large CHP customer. She reviewed the revenues at 40% of the TIRZ.
The next steps included Council approval to move forward with the TIRZ. Staff would notice
the DISD and County for presentations.
Mayor Pro Tem Kamp stated that she had been discussing this program with the County and it
appeared that they were supportive of participating in the program.
Council Member Roden asked about additional incentives for a user of the Combined Heat &
Power Plant.
Ratliff stated that the TIRZ would be set at 40%. If the property owner brought in a large
industrial customer that would be a CHP user at the time of the company coming, there would be
an additional incentive of 20% for the property owners for the marketing of the CHP through a
380 agreement.
Council Member Roden asked how it would be determined who brought in the company for the
CHP and who would receive the additional incentive.
Ratliff stated that the end result was to get a CHP user and it could be determined at that point.
City of Denton City Council Minutes
September 11, 2012
Page 3
Council Member Roden asked about a development that was not interested in using the CHP but
wanted to locate in the area designated as CHP users.
Ratliff stated there were some areas designated as preferred CHP users. The property owners
had been notified that the City would like to reserve some that property for CHP users. Staff
needed time to go out and locate CHP users so some of the property was reserved for a three year
period. If the property owner had a user that was not a CHP user but the Council felt was one
that the City wanted to locate there, the designation of that site reserved for a CHP user would be
removed.
Council Member Gregory stated that the developer would put in the infrastructure costs and the
TIRZ would pay it back. The Economic Development Partnership Board had a discussion
regarding certified sites. He asked Ratliff to address certified sites and if any of the
infrastructure improvements would result in a certified site.
Ratliff stated that a certified site was one that was ready for development. All of the appropriate
zoning was in place, the infrastructure was in place and all that was needed would be to obtain a
building permit. Having the property owner providing the infrastructure would get the City
closer to having certified sites as the biggest portion of the certified site was having the
infrastructure in place.
Council Member Engelbrecht asked how the 40% was determined.
Ratliff stated that staff had many meetings with the Economic Development Partnership Board.
The Board looked at the amount and tried to determine the amount it would take to recoup the
costs.
Council Member Engelbrecht questioned the three year term and what the options were after the
three years a CHP user was not in place.
Ratliff stated that it took a while to develop a prospect and staff wanted to have the opportunity
and time to market the property and then have a deal in hand before starting to talk about
whether it was necessary to have a CHP area set aside.
Council Member Engelbrecht asked if there were any incentives for a developer to bring in the
kind of jobs that the City was wanting in terms of the TIRZ.
Ratliff stated that was the reason for the extra percentage for a CHP user as they were seen as a
large company with more employees and higher paying jobs.
Council Member Engelbrecht stated that he had a problem with a developer bringing in a
company with jobs that the City really didn’t want.
Ratliff stated that it not based on jobs; it was also based on valuation. If the City wanted an
industrial park and this was the area for that, by the City investing in it, it promoted it. This was
the only industrial property that the City had. It was a disadvantage to tell a potential user that
they would have to do the infrastructure improvements.
City of Denton City Council Minutes
September 11, 2012
Page 4
Council Member Watts stated that in terms of the infrastructure costs, there were still other roads
that might be necessary to infill the larger tracts. He questioned if those were part of this
proposal. He questioned if the build out value was based on build out for just the improvements
identified in the TIRZ or the presumed total build out of all of the interior secondary roadways.
Ratliff stated that she presumed it included the secondary roadways. The property owner
calculated what percentage might be warehouse, what percentage might be industrial or small
dense property and then calculated the cost per square foot. It all depended on the user and what
that user needed.
Council Member Watts discussed the Economic Development Partnership Board
recommendations. One was to allow an interest rate of 5% to accrue on the property owner’s
investment in the infrastructure. Another was to consider the possibility of selling TIRZ bonds at
such point that the TIRZ annual revenue was at a level that could more than sufficiently cover
the annual debt payment. He was comfortable with the 5% interest rate but was not very
comfortable with the TIRZ bonds. He would hope by next week to have some clarity on that
issue as he did not want to hold the land hostage for the three years. He was comfortable with
the proposal as it showed a true partnership with risks on each side.
Consensus of the Council was to proceed with the proposal and start the process.
5. Receive a report, hold a discussion, and give staff direction on the proposed revisions to
City Ordinance 6-26 (Keeping of Fowl) to allow for urban chickens.
Scott Fletcher, Captain-Denton Police Department, stated that the discussion of this issue started
in 2009 as a result of a citizen report. Research stated that the keeping of urban chickens was a
growing trend and there needed to be a balance of what to allow and what not to allow. The
proposed ordinance was from a citizen report which contained suggestions to change the
ordinance. Staff researched reasonable ways to accommodate urban chickens while not
infringing on neighbors. Problems associated with urban chickens included odors, noise, loose
animals and an increase in predators. The noise was addressed without limiting the number of
animals. The proposed ordinance would allow eight hens in single-family neighborhoods with
50 feet between the yard and the coop.
Council Member Gregory asked if the 50 feet was from another house.
Fletcher stated that it was from another structure.
Council Member Watts stated that the restriction was 50 feet from any residence. He felt there
needed to be a specific structure to a house.
Fletcher stated that almost all information encouraged a specific location within an enclosed
space rather than running loose in yards.
Council Member Watts stated that on any single piece of property there still would be a
restriction of eight chickens.
City of Denton City Council Minutes
September 11, 2012
Page 5
Fletcher stated that was correct. Some ordinances had a progressive number based on lot size
but that would be difficult to calculate how many animals to have without receiving complaints.
Council Member Watts asked what type of permitting would be required for construction of a
chicken coop.
Fletcher stated that those specifics were not known at this time.
Mark Cunningham, Director of Planning and Development, stated that the structure would be
considered an accessory structure if over 120 square feet and would require permit.
Council Member Roden stated that the distance was 50 feet from another structure and that a
fence was not considered a structure.
Fletcher stated that was correct.
Mayor Pro Tem Kamp asked if a registration and permit would be required.
Fletcher stated that registration would be required but there would be no fee. The registration
was so that it would be known where the chickens were.
Consensus of the Council was to proceed with the ordinance
Following the completion of the Work Session, the Council convened in a Closed Meeting to
consider the following:
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with and provide direction to City’s attorneys regarding legal issues
and strategies associated with Phase I and proposed Phase II Gas Well
Ordinance regulation of gas well drilling and production within the City
Limits and the extraterritorial jurisdiction, including Constitutional
limitations, statutory limitations upon municipal regulatory authority,
moratorium on drilling and production and claims associated therewith,
including variance requests for relief from the moratorium, statutory
preemption and/or impacts of federal and state law and regulations as it
concerns municipal regulatory authority and matters relating to enforcement
of the ordinance.
B. Deliberations regarding Certain Public Power Utilities: Competitive Matters -Under
Texas Government Code Section 551.086.
1. Receive competitive public power information and related commercial
information from staff pertaining to the proposed operating budget for the
Denton Municipal Electric (DME) department for FY 2012-2013, including
without limitation, revenues, expenses, commodity volumes, electric power
City of Denton City Council Minutes
September 11, 2012
Page 6
pricing proposal information, system load characteristics, and commitments;
and discuss, deliberate, and consider adoption of the budget and provide
staff with direction regarding such matters.
2. Receive a report and a presentation from Denton Municipal Electric staff
regarding certain public power competitive and financial matters related to
the Request for Proposals No. 4859 issued by the City soliciting proposals
for a solar-generated energy facility or facilities for the City of Denton,
Texas; discuss, deliberate, provide staff with direction, consider and take
final action regarding such matters.
C. Consultation with Attorneys - Under Texas Government Code Section 551.071;
Deliberations regarding Real Property - Under Texas Government Section 551.072;
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; and receive competitive public power information and
competitive financial information from staff regarding plans, proposals for
system improvements regarding transmission and distribution systems, and
marketing strategies regarding Denton Municipal Electric ("DME"), and
discuss, deliberate, provide staff with direction regarding such matters.
D. Consultation with Attorneys - Under Texas Government Code Section 551.071;
Deliberations regarding Real Property - Under Texas Government Section 551.072.
1. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the acquisition of real property interests located
(1) in the M.E.P. & P.R.R. Company, Abstract Number 927, located
generally in the 500 block of North Mayhill Road; and (2) in the M.E.P. &
P.R.R. Company, Abstract Number 1469, located generally in the 1500
block of North Mayhill Road, 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 Disciplinary Rules of Professional Conduct of the
State Bar of Texas, or would jeopardize the City’s legal position in any
administrative proceedings or potential litigation.
City of Denton City Council Minutes
September 11, 2012
Page 7
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall.
1.PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2.PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. Blood Cancer Awareness Month
Mayor Pro Tem Kamp presented the proclamation for Blood Cancer Awareness Month.
2. Constitution Week
Mayor Pro Tem Kamp presented the proclamation for Constitution Week.
3.BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION
Bryan Langley, Assistant City Manager, presented information on Items A-D. He indicated that
they were all related to the budget. Item 3A approved the tax rate which was the same tax rate as
the current fiscal year. It also increased the over 65 tax exemption to $45,000 for 2012-13 and
would be $50,000 the following year. Item 3B approved the tax rolls. Item 3C approved the
2012-13 budget. Item 3D ratified approval of the budget which was required by the State Tax
Code.
Ordinance No. 2012-191
A. Consider adoption of an ordinance of the City of Denton, Texas, levying the ad
valorem property tax of the City of Denton, Texas, for the year 2012, on all taxable
property within the corporate limits of the City on January 1, 2012, and adopting a
tax rate of $0.68975 per $100 of valuation for 2012; providing revenues for
payment of current municipal maintenance and operation expenses and for payment
of interest and principal on outstanding City of Denton debt; providing for limited
exemptions of certain homesteads; providing for enforcement of collections;
providing for a severability clause; and providing an effective date.
Council Member Engelbrecht motioned, Council Member King seconded that the property tax
rate be increased by the adoption of a tax rate of $0.68975, which is effectively a 1.4 percent
increase in the tax rate. On roll call vote, Council Member King "aye", Council Member Watts
"aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem
Kamp "aye", and Council Member Roden "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 11, 2012
Page 8
Ordinance No. 2012-192
B. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2012
tax rolls; and providing an effective date.
Council Member Watts motioned, Council Member Gregory seconded to adopt the ordinance.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Council
Member Roden "aye". Motion carried unanimously.
Ordinance No. 2012-193
C. Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal
Year 2012-13 Annual Program of Services (Budget) and the Capital Improvement
Program of the City of Denton, Texas, for the fiscal year beginning on October 1,
2012, and ending on September 30, 2013; and declaring an effective date.
Council Member Gregory motioned, Council Member Engelbrecht seconded to adopt the
ordinance. On roll call vote, Council Member King "aye", Council Member Watts "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp
"aye", and Council Member Roden "aye". Motion carried unanimously.
Ordinance No. 2012-194
D. Consider adoption of an ordinance of the City of Denton, Texas, ratifying the
adoption of the Fiscal Year 2012-13 Annual Program of Services (Budget) and the
Capital Improvement Program of the City of Denton, Texas, for the fiscal year
beginning October 1, 2012, and ending on September 30, 2013 when the Budget
will raise more revenue from property taxes than last year’s budget; and providing
an effective date.
Council Member King motioned, Council Member Engelbrecht seconded to adopt the ordinance.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Council
Member Roden "aye". Motion carried unanimously.
4.BUDGET CONSENT AGENDA
Council Member Engelbrecht motioned, Council Member King seconded to the Budget Consent
Agenda. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and
Council Member Roden "aye". Motion carried unanimously.
Ordinance No. 2012-195
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
A.
Manager or his designee, to enter into an Interlocal Agreement with Denton County
for the County to provide property tax billing and collection services for the City of
Denton; providing a savings clause and providing an effective date.
City of Denton City Council Minutes
September 11, 2012
Page 9
Ordinance No. 2012-196
B. Consider adoption of an ordinance approving an agreement between the City of
Denton, Texas, and the Denton Chamber of Commerce regarding an Economic
Development Partnership; and providing an effective date ($226,259).
Ordinance No. 2012-197
C. Consider adoption of an ordinance awarding a contract for the purchase of Software
Maintenance for continued vendor support of the Oracle EnterpriseOne (formerly
PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld) software as awarded
by the State of Texas Department of Information Resources (DIR) through the Go
DIRect Program, Contract Number DIR-VPC-03-018; providing for the expenditure
of funds therefor; and providing an effective date (File 3100-Purchase of Annual
Maintenance for Oracle EnterpriseOne Software Package awarded to Oracle USA,
Inc. in the amount of $131,358.91).
Ordinance No. 2012-198
D. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Service Access and Support for 3G (third-generation) and
4G/LTE (Long Term Evolution) Wireless Computer Network from the State of
Texas Department of Information Resources contract (DIR-SDD-1777) for laptops
and cell phones used by City of Denton personnel; providing for the expenditure of
funds therefor; and providing an effective date (File 5035-Purchase of Annual
Service Access for 3G/4G/LTE awarded to AT&T Mobility in the estimated amount
of $72,000).
Ordinance No. 2012-199
E. Consider adoption of an ordinance approving the expenditure of funds for Wireless
Communication Services as approved by the State of Texas Department of
Information Resources (DIR) under DIR Sprint/Nextel contract, DIR-SDD-1780;
providing for the expenditure of funds therefor; and providing an effective date (File
5036-Purchase of Annual Wireless Communication Services for Sprint Air Cards
and Cell Phones awarded to Sprint/Nextel Network, Inc. in the estimated amount of
$105,408).
Ordinance No. 2012-200
F. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Maintenance for Harris Public Utility Billing System and associated
Software Modules available from only one source in accordance with Texas Local
Government Code 252.022, exempting such purchases from requirements of
competitive bids; providing for the expenditure of funds therefor; and providing an
effective date (File 4735-Purchase of Maintenance for Harris Public Utility Billing
to Harris Computer Systems Inc., in the annual amount of $106,421.34 with a two
year option to renew for an estimated three year total of $326,828.02).
City of Denton City Council Minutes
September 11, 2012
Page 10
Ordinance No. 2012-201
G. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of annual maintenance for Interactive Voice Response and Outage
Management System and associated software modules for Denton Municipal
Electric (DME) utility available from only one source in accordance with Texas
Local Government Code 252.022, exempting such purchases from requirements of
competitive bids; providing for the expenditure of funds therefor; and providing an
effective date (File 3881-Purchase of Annual Maintenance for Milsoft Utility
Systems awarded to Milsoft Utility Solutions in the amount of $62,282.62).
Ordinance No. 2012-202
H. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Service for CodeRED Emergency Notification System and
CodeRED Weather Warning Service available from only one source in accordance
with Texas Local Government Code 252.022, exempting such purchases from
requirements of competitive bids; providing for expenditure of funds therefor; and
providing an effective date (File 3964-Purchase of Annual Service for CodeRED
Emergency Notification and CodeRED Weather Warning Service awarded to
Emergency Communications Network, LLC in the annual amount of $44,299.00 for
an estimated three year total of $132,897.00).
Ordinance No. 2012-203
I. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Maintenance for VisionAir Public Safety Software System and
associated modules used for Police and Fire Department Dispatching and Records
Management available from only one source in accordance with Texas Local
Government Code 252.022, exempting such purchases from requirements of
competitive bids; providing for the expenditure of funds therefor; and providing an
effective date (File 2640-Purchase of Annual Maintenance for VisionAir Public
Safety Software System awarded VisionAir in the amount of $211,530.96).
Ordinance No. 2012-204
J. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Service Access and Support for 3G (third-generation) and
4G/LTE (Long Term Evolution) Wireless Computer network from the Texas
Department of Information Resources contract (DIR-SDD-1777) for the Public
Safety Mobile Computers used by City of Denton Police, Fire and EMS personnel
available from only one source in accordance with Texas Local Government Code
252.022, exempting such purchases from requirements of competitive bids;
providing the expenditure of funds therefor; and providing an effective date (File
3561-Purchase of Annual Service Access and Support for Enhanced Data rates for
3G (Third-Generation) and 4G/LTE (Long Term Evolution) awarded to AT&T
Mobility (DIR-SDD-1777) in the amount of $123,271.32).
City of Denton City Council Minutes
September 11, 2012
Page 11
Ordinance No. 2012-205
K. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Summation 360, a product upgrade and hosted solution for the Tele-
Works System, along with continued vendor support of the Tele-Works System and
associated hardware and software modules available from only one source in
accordance with Texas Local Government Code 252.022, exempting such purchases
from requirements of competitive bids; providing for the expenditure of funds
therefor; and providing an effective date (File 3869-Purchase of Summation 360
upgrade and maintenance for the Tele-Works System awarded to Tele-Works, Inc.,
in the amount of $80,881.00).
Ordinance No. 2012-206
L. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Maintenance for continued vendor support of the Municipal
Court Incode Software from only one source in accordance with Texas Local
Government Code 252.022, exempting such purchases from requirements of
competitive bids; providing for the expenditure of funds therefor; and providing an
effective date (File 4771-Purchase of Annual Maintenance for Municipal Court
Incode Software Package awarded to Tyler Technologies, Inc. in the amount of
$54,939.34).
Ordinance No. 2012-207
M. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Maintenance for continued vendor support of the Millennium
Library System and associated hardware and software modules available from only
one source in accordance with Texas Local Government Code 252.022, exempting
such purchases from requirements of competitive bids; providing for the
expenditure of funds therefor; and providing an effective date (File 3224-Purchase
of Annual Maintenance for Millennium Library System and associated modules
awarded to Innovative Interfaces, Inc. in the amount of $83,053).
Ordinance No. 2012-208
N. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Maintenance for ITInvolve Configuration Management
Software application and Internet Hosting Services from only one source in
accordance with Texas Local Government Code 252.022, exempting such
purchases from requirements of competitive bids; providing for the expenditure of
funds therefor; and providing an effective date (File 4986-Purchase of Annual
Maintenance for ITInvolve Configuration Management Software awarded to
ITInvolve, Inc. for four (4) one-year terms with a first payment of $32,500 for a
total contract award of $130,000).
Ordinance No. 2012-209
O. Consider approval of an ordinance of the City of Denton, Texas amending the
schedule of rates contained in Ordinance No. 2011-158 for electric service;
providing for a repealer; providing for a severability clause; and providing for an
effective date. The Public Utilities Board recommends approval (6-0).
City of Denton City Council Minutes
September 11, 2012
Page 12
Ordinance No. 2012-210
P. Consider approval of an ordinance amending the schedule of engineering fees
contained in Ordinance No. 2011-159; providing an amendment to the public works
overtime inspection fee; providing a repealer; providing for a severability clause;
and providing for an effective date. The Public Utilities Board recommends
approval (6-0).
Ordinance No. 2012-211
Q. Consider approval of an ordinance of the City of Denton, Texas providing for the
confirmation of the schedule of miscellaneous fees, deposits, billings and
procedures for administrative services to city utilities customers contained in
Ordinance No. 2011-160; providing for a repealer; providing for a severability
clause; and providing for an effective date. The Public Utilities Board recommends
approval (6-0).
Ordinance No. 2012-212
R. Consider approval of an ordinance of the City of Denton, Texas amending the
schedule of rates for solid waste service contained in Ordinance No. 2011-161. as
authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas;
providing that the provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9
of the Code of Ordinances of the City of Denton, Texas shall expressly apply to
City of Denton solid waste service; providing for the amendment to the residential
refuse and recycling collection services rates (Schedule SWR); amending the multi-
family household item collection services rate (Schedule SWMFS); amendment to
the commercial solid waste refuse collection services and dumpster rates (Schedule
SWC); amendment to the commercial recycling services rate (Schedule SWCR);
amendment to the sanitary landfill services rates regarding wholesale municipal
solid waste rate per ton (Schedule SWL); providing for a repealer; providing for a
severability clause; and providing an effective date. The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2012-213
S.Consider approval of an ordinance amending the schedule of wastewater rates
contained in Ordinance No. 2011-162; providing for an amendment in the rates for
residential wastewater service (Schedule SR); amending the mobile home park
wastewater service (Schedule SMH); amending the commercial and industrial
wastewater service (Schedule SC); amending the commercial/industrial wastewater
service which measures with dedicated water meters (sub- meters) water for
wastewater billing (Schedule SCD); amending the commercial/industrial wastewater
service which measures with dedicated water meters (sub-meters) water excluded
from wastewater billing (Schedule SCS); amending the septage & chemical toilet
disposal at the pecan creek water reclamation plant septage transfer station
(Schedule SCH); amending the equipment services facilities and restaurant & food
service establishments wastewater service (Schedule SEE); amending the metered
wastewater inside and outside corporate limits (Schedule SM); amending the sale of
treated wastewater effluent (Schedule SGE); amending the wastewater tap and
manhole fees (Schedule ST); adding the collection and transportation services
City of Denton City Council Minutes
September 11, 2012
Page 13
permit (Schedule SWP); providing for a repealer; providing for a severability
clause; and providing for an effective date. The Public Utilities Board recommends
approval (6-0).
Ordinance No. 2012-214
T. Consider approval of an ordinance amending the schedule of water rates contained
in Ordinance No. 2011-163 for water service rates and water rates; amending the
residential water service rate (Schedule WR); amending the commercial/industrial
water service rate (Schedule WC); amending the metered water from fire hydrant
rate (Schedule WFH); amending the wholesale treated water service rate to the
Upper Trinity Regional Water District (Schedule WW); amending the wholesale
raw water service rate to Upper Trinity Regional Water District (Schedule WRW);
amending the wholesale raw water pass-through rate to Upper Trinity Regional
Water District from Lake Chapman into Lake Lewisville (Schedule WCL);
amending the water tap and meter fees; providing for a repealer; providing for a
severability clause; and providing for an effective date. The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2012-215
U. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
approval of an agreement for planning services related to infill, redevelopment and
the development review process by and between the City of Denton, Texas and
Clarion Associates, LLC, Denver, Colorado; providing for the expenditure of funds
therefor; and providing an effective date (File 5053-not-to-exceed $150,000 for
agreement for planning services).
5.CONSENT AGENDA
Council Member Roden motioned, Council Member King seconded to adopt the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member King
"aye", Council Member Watts "aye", Council Member Gregory "aye", Council Member
Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Council Member Roden "aye". Motion
carried unanimously.
Resolution No. R2012-025
A. Consider approval of a resolution reviewing and adopting revisions to the
Investment Policy regarding funds for the City of Denton; and providing an
effective date. The Audit/Finance Committee recommends approval (2-0).
Ordinance No. 2012-216
B. Consider adoption of an ordinance of the City of Denton, Texas, approving an
Amendment to an Economic Development Program Grant Agreement dated August
17, 2010 between the City of Denton and Grand Mesa LLC. assigning the
agreement to Schlumberger Technology Corporation and providing an effective
date.
City of Denton City Council Minutes
September 11, 2012
Page 14
Resolution No. R2012-026
C. Consider approval of a resolution amending Resolution No. R2009-015 by
establishing a standing committee of the City Council of the City of Denton, Texas
to be known as the Committee on Citizen Engagement.
Resolution No. 2012-027
D. Consider approval of a resolution of the City Council of the City of Denton, Texas
accepting the recommendations made by the Citizens Advisory Oversight
Committee appointed by the City Council on April 19, 2005, regarding the five-year
capital improvements program, respecting the reallocation of funding of street
improvements from Austin Street to the Hickory Street Grand Project; and
providing an effective date.
Ordinance No. 2012-217
E. Consider adoption of an ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a contract with Alexander Open Systems
(AOS), Inc. to provide EMC Avamar Data Backup Solution and Professional
Services as awarded by the State of Texas Department of Information Resources
(DIR) through the Go DIRect Program, Contract Number DIR-SDD-1418;
providing for the expenditure of funds therefor and providing an effective date. (File
5028-EMC Avamar Data Backup Solution awarded to Alexander Open Systems
(AOS), Inc. as a three year lease purchase agreement through De Lage Landen
Public Finance LLC totaling $267,197.52).
Ordinance No. 2012-218
F. Consider adoption of an ordinance approving the expenditure of funds for an
upgrade to the Supervisory Control and Data Acquisition (SCADA) hardware and
software system for Denton Municipal Electric (DME) available from only one
source in accordance with Texas Local Government Code 252.022, exempting such
purchases from requirements of competitive bids; providing for the expenditure of
funds therefor; and providing an effective date (File 4724-SCADA System upgrade
for Denton Municipal Electric awarded to Open Systems International, Inc. (OSI) in
the amount of $343,590). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-219
G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for Electrical Energy
Transmission Fees to those cities and utilities providing energy transmission
services to the City of Denton; and providing an effective date (File 4847-Electrical
Energy Transmission Fees for Electric Transmission Texas, LLC in the additional
amount of $69,576.90 for a total award of $289,830.60 and Electrical Energy
Transmission Fees for Lower Colorado River Authority (LCRA) in the additional
amount of $111,809.61 for a total award of $1,057,018.70; for a total expenditure of
$1,346,849.30). The Public Utilities Board recommends approval (5-0).
City of Denton City Council Minutes
September 11, 2012
Page 15
Ordinance No. 2012-220
H. Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement (PSA) with Innovative Transportation Solutions,
Inc. for Transportation Services as set forth in the contract; and providing an
effective date (File 4848-Professional Service Agreement for Transportation
Consultant Services to Innovative Transportation Solutions, Inc. for a one year
contract in the amount of $126,000, with four (4) one-year options to renew, for a
not to exceed total award of $630,000). The Mobility Committee recommends
approval (3-0).
Ordinance No. 2012-221
I. Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement for indefinite Delivery Survey Services on a work
order basis for various City of Denton departments; providing for the expenditure of
funds therefor; and providing an effective date (File 4948-awarded to Teague Nall
and Perkins, Inc. in an amount not-to-exceed $400,000.00).
Ordinance No. 2012-222
J. Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement (PSA) with CP&Y, Inc. and the City of Denton
Solid Waste Division for professional engineering and consulting services; and
providing an effective date (File 5045-awarded to CP&Y, Inc. in the amount of
$135,000). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-223
K. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of LON GON Odor Control for the City of Denton Landfill from only one
source in accordance with Texas Local Government Code 252.022, exempting such
purchases from requirements of competitive bids; providing for the expenditure of
funds therefor; and providing an effective date (File 4887-Purchase of Odor Control
Chemicals for the City of Denton Landfill awarded to Enviro Chemical Research in
the annual estimated amount of $50,000 for an estimated three year amount of
$150,000).
Ordinance No. 2012-224
L. Consider adoption of an ordinance accepting competitive bids and awarding a three
year contract for the purchase of Water and Sewer Supplies for the City of Denton
Water/Wastewater Department and Project 380; providing for the expenditure of
funds therefor; and providing an effective date (Bid 4973-Three Year Contract for
Water and Sewer Warehouse Inventory and Project 380-Part A awarded by line
item to the lowest responsible bidder meeting specification in the unit price amounts
shown on Exhibit A for an annual estimated expenditure of $1,000,000 and a three
year estimated total of $3,000,000, and Part B awarded to Fortiline Waterworks in
the estimated amount of $534,245.22).
City of Denton City Council Minutes
September 11, 2012
Page 16
Ordinance No. 2012-225
M. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter
28 of the Code of Ordinances by revising the 2009 International Energy
Conservation Code, as published by the International Code Council, by establishing
local amendments thereto; establishing a penalty of a fine not to exceed $2,000.00
for violations hereto; providing for severability; repealing all ordinances in conflict
herewith; and providing an effective date.
Ordinance No. 2012-226
N. Consider adoption of an ordinance of the City of Denton, Texas amending Sections
28-27, 28-28, 28-33, 28-34, 28-123, 28-124, 28-144, 28-145, 28-251, and 28-252 of
the Code of Ordinances of the City of Denton, Texas. to provide for the adoption of
the 2009 International Building Code, 2009 International Residential Code for one
and two family dwellings, 2009 International Fuel Gas Code, 2009 International
Plumbing Code, and the 2009 International Mechanical Code all published by the
International Code Council, regulating and governing the conditions and
maintenance of all property, buildings and structures; by providing the standards for
supplied utilities and facilities and other physical things and conditions essential to
ensure that structures are safe, sanitary and fit for occupancy and use; providing for
the condemnation of buildings and structures unfit for human occupancy and use
and the demolition of such structures, providing for the regulation and governing of
the construction, altering, movement, enlargement, replacement, repair, equipment
location, removal and demolition of detached one and two family dwellings and
multiple single family dwellings (townhouses) not more than three stories in height
with separate means of egress; providing the regulation and governing of the design
construction, quality of materials, erection, installation, alteration, repairs, location,
relocation, replacement, addition to, use or maintenance of plumbing and
mechanical systems in the City of Denton, Texas; providing for the regulation and
governing of fuel gas systems and gas fired appliances; providing for the issuance of
permits and collection of fees thereof; providing for amendments thereto; providing
for a penalty for violation of a fine not to exceed $2,000.00; providing for a
severability clause; repealing all ordinances in conflict therewith; and providing for
an effective date.
Ordinance No. 2012-227
O. Consider adoption of an ordinance amending Article III of Chapter 28 of the Code
of Ordinances of the City of Denton, Texas, ("Electrical Code") by repealing the
2005 National Electrical Code with certain amendments and providing for the
adoption of the 2011 National Electrical Code with certain deletions and
amendments; providing for a penalty in the amount of $2,000.00 for violations
thereof; and providing for an effective date.
Ordinance No. 2012-228
Consider adoption of an ordinance amending Chapter 29 of the Code of the City of
P.
Denton, Texas, to provide for the adoption of the International Fire Code, 2009
Edition; providing for amendments thereto; re-establishing permit fees; providing
for a penalty in the amount of $2,000.00 for violations thereof; providing for
City of Denton City Council Minutes
September 11, 2012
Page 17
severability; repealing all ordinances in conflict therewith; and providing for a
n
effective date.
Ordinance No. 2012-229
Q. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.289 acre tract situated in the M.E.P. & P.R.R. Company
Survey, Abstract No. 1469, located in the City of Denton, Denton County, Texas, as
more particularly described on "Exhibit "A", attached to the ordinance, 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 (1)
Robert Earl Edwards, Donald Eugene Edwards, Myrtle Elizabeth Edwards and
William Warren Edwards; (2) successors in interest to the Owner to the Property
Interests; or (3) any other owners of the Property Interests, as may be applicable, to
purchase the Property Interests for the purchase price of Twenty Four Thousand
Four Hundred Twenty Two Dollars and No Cents ($24,422.00), and other
consideration, as prescribed in the Purchase 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.
Ordinance No. 2012-230
R. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) fee simple to a 2.115 acre tract; and (II) a slope easement, encumbering a
0.202 acre tract, each located in the M.E.P. & P.R.R. Company Survey, Abstract
No. 927, City of Denton, Denton County, Texas, as more particularly described on
"Exhibit "A", attached to the ordinance, located generally in the 500 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 (1) 551 Mayhill Joint Venture; (2)
successors in interest to the Owner to the Property Interests; or (3) any other owners
of the Property Interests, as may be applicable, to purchase the Property Interests for
the purchase price of One Hundred Sixteen Thousand Eight Hundred Fifty Four
Dollars and No Cents ($116,854.00), and other consideration, as prescribed in the
Purchase 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.
6.ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider appointments to the Council Committee on Citizen Engagement.
Mayor Burroughs stated that there was an item on the Consent Agenda which adopted the
ordinance approving the formation of the Committee. He asked if there were Council Members
who would like to serve on the Committee.
Council Members Roden, Engelbrecht and Gregory indicated that they would like to serve on the
Committee.
City of Denton City Council Minutes
September 11, 2012
Page 18
Council Member King motioned, Council Member Roden seconded to approve the nominations.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Council
Member Roden "aye". Motion carried unanimously.
B. Consider nominations/appointments to the City’s Boards & Commissions.
1. Airport Advisory Board
2. Community Development Advisory Committee
3. Health & Building Standards Commission
4. Human Services Advisory Committee
5. Parks, Recreation and Beautification Board
6. Planning and Zoning Commission
7. Public Art Committee
8. Public Utilities Board
Mayor Pro Tem Kamp nominated Marc Moffitt to the Airport Advisory Board, Mayor Pro Tem
Kamp nominated Jim Strange to the Planning and Zoning Commission and Council Member
Watts nominated Victoria DeCuir to the Public Art Committee.
Council Member King motioned, Council Member Gregory seconded to approve nominations as
presented. On roll call vote, Council Member King "aye", Council Member Watts "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp
"aye", and Council Member Roden "aye". Motion carried unanimously.
Resolution No. R2012-028
C. Consider approval of a resolution of the City of Denton declaring the completion of
the work of the Special Citizens Bond Advisory Committee for the 2012 street bond
election; and declaring an effective date.
Bryan Langley, Assistant City Manager, stated that the 21 member bond advisory committee had
th
been studying the issue of the upcoming November bond election. On August 14 the Council
called the election and this resolution thanked the committee for all of the hours spent on this
topic. It would formally conclude the work of the Committee.
Council Member Gregory motioned, Council Member Watts seconded to approve the resolution.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Council
Member Roden "aye". Motion carried unanimously.
D.Consider a request for an exception to the Noise Ordinance for the purpose of
performing live music for the Mexican Independence Day Fair at the corner of
McKinney Street and Railroad Avenue in the vicinity of La Estrella Mini Market on
Saturday, September 15, 2012, beginning at 4:00 p.m. and concluding at 1:00 a.m.
This request is for an extension of hours from 10:00 p.m. to 1:00 a.m. for amplified
sound. The amplified sound will remain at the allowable 70 decibels. Staff
recommends extending the hours for amplified sound until 12 midnight.
City of Denton City Council Minutes
September 11, 2012
Page 19
Emerson Vorel, Director of Parks and Recreation, presented the details of the event. He stated
that the applicant had requested an exception to the noise ordinance for a Mexican Independence
Day fair. The initial request was for an exception until 1 a.m. with the sound level at 79 db. Staff
was recommending concluding the event at midnight which was in keeping with the Arts and
Jazz Festival. There had been eight noise complaints at this address in the past 12 months.
Council Member Engelbrecht motioned, Council Member King seconded to approve the request
with the ending time at 12 midnight. On roll call vote, Council Member King "aye", Council
Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye",
Mayor Pro Tem Kamp "aye", and Council Member Roden "aye". Motion carried unanimously.
Ordinance No. 2012-231
E. Consider adoption of an ordinance amending Ordinance No. 2012-024, as amended
by Ordinance. No. 2012-126, establishing a moratorium on certain gas well permits
for gas well drilling and production activities within the corporate limits of the City
of Denton, Texas by redefining exemptions, providing definitions and replacing
terms; establishing exclusions and revising variance procedures; providing for
extension of the moratorium; providing a cumulative clause; providing a severability
clause; and providing an effective date.
Mayor Pro Tem Kamp stated originally there were four public hearings scheduled to be on the
agenda regarding a variance to the gas well moratorium. The applicant had requested that those
items be pulled from the agenda. Council agreed to allow people to speak on this item with Blue
Speaker Cards and the cards could be submitted after the item started.
City Attorney Burgess stated that Terry Morgan would be addressing the issues regarding the
amendments to the gas well drilling moratorium.
Terry Morgan stated that the reason for the amendments to the moratorium was the four variance
ordinances which required a public hearing. The requests were for variances which the applicant
presented arguments pertinent to the State vested rights law. Staff considered the claims of
vested rights and decided it was fitting to address the exemptions responsive to the vested rights
law.
The proposed ordinance extended the moratorium until December 18, 2012 to give the City
additional time for review by the Task Force, the Planning and Zoning Commission and the
Council for Phase II amendments. The amendment also had definitions tied to the Denton
Development Code. The original variance procedure called for a public hearing before the City
Council. This ordinance maintained that procedure for a public hearing before the City Council
and separated out the exemptions into one section. It consolidated the amendments in one
section. There were three exemptions to the moratorium as proposed. The first was a restatement
of a subsection that permits that followed some approval or already had an approved application
filed in the sequence would be exempted. Subsection C was a repetition that exempted permits to
the drilling of wells which did not require hydraulic fraction which was in the original ordinance.
Subsection B exempted permits filed prior to effective date of the moratorium. Pre-filed
applications would be exempt from the moratorium according to State law. The moratorium still
applied to the full effect to new applications, those with no prior permit or approval. The
City of Denton City Council Minutes
September 11, 2012
Page 20
objective of the moratorium was to allow the Council time to put in place a new set of gas well
amendments.
Council Member Gregory stated that there was confusion about what a moratorium meant in
terms of activity on a well and how that was legal.
Morgan stated that the purpose was to stop additional applications/permits from being granted. It
never affected drilling already in place.
Council Member Roden stated that if the moratorium with the amendments was passed, certain
applicants could continue with applications. It did not guarantee permits as they would still have
to go through the City process.
Morgan stated that was correct and that the permits would have to be considered by City staff.
Council Member Gregory stated that staff had been working on Phase II regulations while the
moratorium was in effect. People thought that there would be no more gas wells in Denton or
Phase II that there would be no more gas wells in Denton or no more fracking. He asked if it
was legal for a City to have a moratorium or an ordinance that completely prohibited all gas well
drilling or fracking.
Morgan stated that if he was talking about future prohibition, an ordinance would be affected by
vested rights. If an application was filed before the new regulations took effect, it might be under
the old rules. Health and safety regulations might override vested rights. None of that was the
purpose. It stopped the current process until regulations were in effect.
Darren Groth, Gas Well Administrator, presented a time line going forward. He showed dates for
the Phase II ordinance revisions which included meetings from October through December.
nd
Council Member Roden questioned if the public would see the draft after October 2and if it
would be posted on the web site.
Groth stated that the draft ordinance would be posted on the website and there would be public
meetings that the public could attend.
The following individuals spoke on the issues:
Ricardo Correa, 117 E. Prairie, Denton, 76201 – opposed
Clinton McBride, 903 McCormick, Denton, 76201 - opposed
Michael Wiley, 910 Avenue A, Denton, 76201 – opposed
Mario Ovalle, 2119 Westwood Drive, Denton, 76205 – support
Tara Linn Hunter, 804 West Hickory, Denton, 76201 – opposed
Amber and Adam Briggle, 1315 Dartmouth, Denton 76201 – support
Ryan Brown, 4604 Indian Point Way, Denton, 76208 – opposed
Eamon Darzig, 2300 West Oak, Denton 76201 – opposed
Rick Baria, 5138 Edwards Road, Denton, 76201 - support
Vickie Oppenhein, 620 Windfields, Denton, 76209 – support
City of Denton City Council Minutes
September 11, 2012
Page 21
Comment Cards were submitted by the following:
Christopher Klabunde, 804 W. Hickory, Denton, 76201 - opposed
Sharon Wilson, 1121 Belvedere, Allen, 75013 – opposed and support
Cathy McMullen, 805 Ector, Denton, 76201 – opposed
Shawn Gregory, 804 W. Hickory, Denton, 76201 – opposed
Cindy Spoon, 2220 Lookout Lane, Denton, 76207 – opposed
Mary Maxwell, 415 Pierce, Denton, 76202 – opposed
Morgan Larson, 903 McCormick, Denton, 76201 – opposed
Elizabeth Clinton, 1920 Sena, Denton, 76201 – opposed
Angelica Chcu, Denton, 76201 – opposed
Megan Storie, 804 W. Hickory, Denton, 76201 – opposed
Corey Troiani, 2228 Lookout Lane, Denton, 76207 – opposed
Colin Shaw, 122 Hidden Valley Airpark, Shady Shore, 76203 – opposed
Max Perry, Denton, 76201 – opposed
Pauline Raffestin, 2015 Bowling Green, Denton, 76201 – favor
Jessica Culver, 2119 Westward, Denton, 76205 – opposed
Jonathan Hury, 2014 W. Hickory, Denton, 76201 – opposed
Maggie Gorry, 2228 Lookout, Denton, 76207
Paige Daniel, 911 Bernard, Denton, 76201 – opposed
Michael Liza, 1200 Amherst, Denton, 76201 – opposed
Melanie Daniel, 911 Bernard, Denton, 76201 – opposed
Will Weston, 214 S. Bell, Denton, 76201 – opposed
Grant Youngman, 511 Cross Timbers, Double Oka, 75077 – opposed
Matthew Long, 1509 Bolivar, Denton, 76201 - opposed
Council Member Gregory stated that the projected time line could be extended if needed as
indicated earlier by the Mayor Pro Tem. If the time line was extended, the moratorium would
also have to be extended. He appreciated the citizen interest in the item and the manner in which
their concerns were expressed.
Council Member Roden stated that it was important to get participation in the future. He asked if
there was any indication on the number of new applications or permits that were stopped while
looking at the ordinance.
Groth stated that it would be hard to determine. It appeared that the applications to the Railroad
Commission were trending downward but it was hard to say.
Mayor Pro Tem Kamp stated that Council wanted to continue the moratorium but there was a
misunderstanding what the Council could and could not do. With State vested rights, the
Council had a difficult time. She appreciated the comments by citizens. Council was looking at
the health, welfare and safety of citizens.
Council Member Gregory motioned to approve the ordinance as amended. The approval would
include the amendment that any variance would come to Council and not the intermediate step to
the City Manager.
City of Denton City Council Minutes
September 11, 2012
Page 22
Council Member Gregory stated that the amended ordinance in the Council’s agenda packet was
adjusted as result of the Council’s Closed Session. The change was responding to some of the
concerns regarding the amendments and the Council being responsive to legal obligations and
requests of citizens.
Council Member Engelbrecht stated that he would be voting for the motion as the amendment
was written to bring the ordinance in line with the legal perception of state law. In terms of
comments to respond to the will of the people, it comes in many levels such as the State law
which overrides will at the local level. The Eagle ridge organization was not required to bring in
their wells under the old technology.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance as
amended. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and
Council Member Roden "aye". Motion carried unanimously.
7. 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 upcoming
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 taken,
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 reminder about an upcoming 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.
Council Member Watts asked for information concerning crosswalks on Eagle and Welch and
Eagle and McCormick and possible options for the crosswalks.
Council Member Roden reminded everyone about the events this weekend - Blues fest and the
Mexican Independence Day festival.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 7:52 p.m.
City of Denton City Council Minutes
September 11, 2012
Page 23
__________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
September 18, 2012
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 18, 2012 at 3:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council
Member Engelbrecht, Mayor Burroughs, and Council Member Roden.
ABSENT: Mayor Pro Tem Kamp.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for September 18, 2012.
Council Member Engelbrecht asked about Consent Agenda Item J and the terms of the one-year
contract with four renewals. He asked if the City would be getting a report from the first year on
how the firm was accomplishing its goals.
Scott Fletcher, Captain-Denton Police Department, stated that the company would provide such a
report as needed.
Council Member Engelbrecht stated that an annual report would be good.
Mayor Burroughs asked if the number of red light cameras was changing.
Fletcher stated that the numbers were not changing.
Council Member Gregory asked about Item I and if there were going to be any other changes to
the facility.
Jon Fortune, Assistant City Manager, stated that when the facility was built, it had a truck wash
facility and a separate bay for a vehicle wash which was not built at that time. This was for that
facility.
3. Receive a report, hold a discussion, and provide staff with direction regarding a proposed
ordinance which imposes liens on non-homestead and non-rental properties for the
collection of delinquent municipal utility bills.
Ethan Cox, Customer Service Manager, stated that Ordinance 2010-292 was designed to reduce
uncollectible debt and introduced debt prevention measures. Those measures included credit
screening, risk assessment, and deposit. Remaining challenges included impact of debts greater
than $1,000, drainage and merchandise debts and debts incurred prior to the implementation of
the ordinance.
Collection Tactics - current tactics included the utilization of a collection agency with a 21%
recovery rate and 22% of the debt collected was paid to the agency. Proposed additional tactics
included filing suit on debts exceeding $5000 and imposing liens of debts exceeding $1000.
City of Denton City Council Minutes
September 18, 2012
Page 2
Utility liens - state law allowed a municipality to impose a lien by ordinance for utility debt.
Conditions for imposing the lien were (1) the debt was incurred after the ordinance effective
date, (2) the property was non-homestead property, (3) the property was non-rental, and (4)
excluded non-utility debts such as solid waste and contracted utility work.
Summary of proposed tactics – with new utility debts greater than $1000, liens would be
imposed using conditions outlined by the ordinance. A suit would be filed on select accounts
that had debts excluded from the lien ordinance and greater than $5000. With all other debts the
outside collection agency would continue to be used.
Next steps - if Council agreed with the proposed strategy, an ordinance would be placed on the
October 2, 2012 Consent Agenda for Council consideration. These were considered a last resort
for the collection of the debts. A number of notifications and letters would be sent prior to these
steps.
Council Member Roden stated that this had to be a new debt provision. He asked if this was new
information from the Audit/Finance Committee.
Cox stated that this information had previously gone to the Audit/Finance Committee.
Council Member Roden questioned if with the current system in place, how difficult would it be
for someone to get more than a $1000 debt.
Cox stated that it came down to the kind of account. It was easier for commercial accounts to go
over $1000.
Council Member Gregory stated that if the ordinance did not affect homesteads and rental
property, what it would affect.
Cox stated that the greater effect was on commercial property where the debt was of the property
owner such as when rental property was in the property owner’s name.
Council Member Gregory asked what happened if someone owned commercial property, leased
it out to another business and that business did not pay the utilities. He questioned if that debt
would be the owner’s responsibility.
Cox replied no. If the property was leased, the provision would not apply in that condition. It
must be the property owner responsible for the debt.
Mayor Burroughs stated that there should be less of an impact due to the other actions already
taken. Because of the provision to connect the debt to the tenant’s name, there might be times
when a property owner created a separate entity with the utility in that entity’s name. In that
case there would be no lien on that property because the debt was created as an entity to be a
tenant.
Cox stated that the ordinance was not concerned with the entity but rather the owner of the
business.
City of Denton City Council Minutes
September 18, 2012
Page 3
Council Member Watts asked when a business was signing up for an account, did the City ask
for a guarantor on that account or look to the business to pay the debt.
Cox stated that they would look to the business to pay the account. If there was a concern
regarding the business, an irrevocable letter of credit would be requested.
Mayor Burroughs stated that there were statutes of limitations that applied generally to certain
kinds of debts. If a lien were filed, would it extend those limitations?
City Attorney Burgess stated that once the lien was filed, the City would act and collect at the
time the property was sold.
Mike Copeland, Assistant City Attorney, stated that there was no statute of limitations that ran
against the City. A municipality did not have a statute of limitations.
Mayor Burroughs asked if there were other legal costs recoverable from the filing of the liens.
Copeland stated that if the City brought suit and was the prevailing party, it might be possible to
recover the court costs. The lien could be concurrent on the property and the City could sue later
if it got bigger.
Council Member King stated that he had a hard time with this not knowing how big it would be.
Once empowered, it was hard to take that power away. There was a possibility that the problem
was not as large as it was in the past. He felt this was heavy handed and might not be necessary.
Mayor Burroughs asked what the City would have been able to file if the ordinance had been in
place for the current debt. He asked staff to have that information available for the next council
meeting.
City Attorney Burgess stated if a lien was filed, the City would not move to foreclosure. It
would wait until there was a sale of the property.
Council Member Gregory asked if a lien was filed, would the City still provide electricity.
Cox stated that if it was a standard utility account, service would be terminated until the situation
got to these options except for accounts that were drainage only. In that case charges would
continue to accrue.
Council Member Watts asked for an informal staff report regarding the legal process to sue
current debt entities. One way to also curb the debt was to have additional credit underwriting
criteria to personally guarantee the account. He suggested considering additional alternatives for
getting the debt paid. In terms of the current debt he would like to know what the level to file
suit was and where it would be filed, whether it would be done in-house and moving forward,
alternatives that would provide additional incentives to pay the debt. If someone had to
personally guarantee something, he might think differently about leaving a debt.
City of Denton City Council Minutes
September 18, 2012
Page 4
4. Receive a report, hold a discussion, and give staff direction regarding on-site recycling
service for multi-family residential communities.
Shirlene Sitton, Recycling Division Manager, reviewed Denton's recycling goals which were set
in the Strategic Plan and Sustainability Plan. Recycling was not the issue with multi-family
properties. The problem was the location of the dumpsters. There were pre-2006 areas with no
regulations where dumpsters could be located. Multi-family dumpster issues included (1)
dumpsters in the right-of-way, (2) placement in parking or landscaped areas, (3) existing
enclosures would not accommodate recycling, and (4) new enclosures might be required.
Recycling was added (1) if the dumpster could go into an existing enclosure, (2) if the trash
dumpsters were not enclosed but on the property or (3) if cart service was applicable. Recycling
was not added if the dumpster could not go into an existing enclosure but were required, or if the
trash dumpsters were not located on the property.
In February staff performed a field assessment of dumpster locations. Categories included (1)
dumpsters in the right-of-way, (2) parking space or landscape area, (3) designated area, (4) single
enclosure, (5) dual enclosures, (6) compactor only, (7) alley collection with no enclosure and (8)
dumpster/recycling cart combo. There were 185 dumpsters in the right-of-way. There were 203
in parking spaces or landscaped areas, 118 in designated areas, 92 in a single enclosure, 37 in a
dual enclosure, 10 sites had a compactor only, 14 were in alleys, and 5 were trash dumpsters and
recycling carts.
Staff was in the process of developing an on-site recycling requirement. The requirements
would have site-specific considerations, stakeholder considerations, implementation timeline and
screening requirements.
Options included (1) continue a voluntary recycling program with current container location
limitations, (2) continue voluntary recycling at all multi-family locations; mirror current trash
locations if needed, (3) develop a requirement for recycling at all multi-family locations; mirror
current trash locations if needed, (4) develop a requirement for recycling at all multi-family
locations to address container locations and screening and compliment new construction
enclosure requirements.
Council Member King stated that he had concerns with infill lots, narrow lots, undeveloped lots
and how to physically do the two receptacles for recycling/trash. To make it mandatory might be
hard in some locations due to the difficulty for size of containers plus the screening. He
questioned it a parking wavier would be required if parking spaces were used.
Sitton stated that this was a separate project for infill requirements. Staff was only asking to
move forward to work on to how implement these types of services.
Mayor Burroughs stated that new developments would be a separate situation. This was looking
at current multi-family locations. If this was done as a requirement there would be some places
that could not have the containers due to space. He questioned what would happen if a location
would not do a mandatory requirement
City of Denton City Council Minutes
September 18, 2012
Page 5
Sitton stated that staff would work all that out before coming back to Council with a plan to
consider.
Mayor Burroughs stated that he had a lot of reservations about imposing regulations on pre-
existing locations unless the City was paying for the improvements. He had reservations with
making someone who built with the current regulations and then the City imposed different
regulations.
Sitton stated that staff was looking for direction to move forward on how to address those issues
and then bring solutions back to Council. They needed Council direction on how to proceed.
Council Member Engelbrecht stated that when the city went to residential recycling, solid waste
went way down. He questioned if that same situation would happen with multi-family recycling
and if so, would such a large trash dumpster be needed.
Sitton stated that was seen all the time, the waste was different but just the same amount. It was
possible to change some of the sizes of the dumpsters to accommodate both trash and recycling.
Council Member Engelbrecht stated that a certain percent of waste was diverted from the waste
stream and there would be savings for that. It might be possible to use that annual savings and
put it back into the system to pay for this process. A single ordinance would not address the
multitude of issues. However, if the City granted multi-family to take away a parking place to
go to recycling or put a receptacle on the grass, it would be of great benefit to get that waste out
of the waste stream.
Council Member Gregory asked how the shared trash dumpsters in the Downtown area were
working.
Sitton stated that it was working well. One alternative was to create a special use district to share
between locations.
Council Member Gregory stated he was in favor of moving forward with the stakeholders and
come back to Council with the idea that Council might be willing to spend City money to make
this happen rather than putting all the burden on property owners.
Council Member Roden stated that he was in favor of continuing the discussion. He questioned
if staff needed direction today on screening requirements
Sitton stated no but staff was asking for direction on the current screening.
Council Member Roden suggested tolerance for location issues if taking a dumpster off the
street.
Council Member Watts stated that he was open to the discussion on the issue but had concern
with the wording of the requirement as placement in parking spaces or row were placed there by
the City or development action many years ago. It the City had a requirement to take up parking
spaces, it might be acceptable with the current owner but might change with a new owner. He
felt the issue needed to include cart service and what to look for to expand that to a larger unit
City of Denton City Council Minutes
September 18, 2012
Page 6
rather than just fourplexes. He suggested looking at creative ways for places that have dumpsters
and that needed dumpsters.
Sitton stated that as part of the other projects, a number of units were eliminated. The program
would look at whether or not the development was served by dumpsters or carts with a number
of criteria.
Mayor Burroughs suggested a voluntary program as those who use it were the ones who wanted
to continue it. There might be a disconnect between management and ownership. One area of
concern might be liability. Some places did not object to recycling but did not want to be liable
for it. He felt the only way to expand the recycling program for multi-family would be through
some type of requirement; however, he had a problem forcing people who did everything right,
incurring a significant cost after the fact. He felt there needed to be a component for City
participation on the cost.
Council Member Gregory suggested that another idea for an alternative to putting up enclosures
was to make the trash cans look better such as doing art work on them.
Council Member Watts stated that another part of the discussion would be how to develop the
property for correct dumpster placement.
Consensus of the Council was to move forward with the stakeholder groups.
5. Receive a report, hold a discussion, and give staff direction on the selection process and
composition of the Citizen Advisory Committee to the update of the Denton Plan.
Bryan Lockley, Interim Director of Planning and Development, stated that Wallace, Roberts and
Todd (WRT), the consultants hired to prepare the update to the Denton Plan recommended to
Council the formation of a 20-30 member Citizen Advisory Committee (CAC). The primary
responsibility of the CAC would be to provide feedback to WRT on the goals, recommendations,
and strategies that would be developed through the updated process. WRT presented options for
the composition of the group. Those options included (1) using existing boards and commissions
to utilize their knowledge and experience, (2) appointing members from the public to introduce
more of the community into the governmental process, or (3) use a combination of the public and
boards and commission members.
Role of the committee – The expressed role of the CAC would be to (1) act in an advisory role to
Council, (2) represent broad community interests, (3) model community consensus and
encourage others to participate, (4) promote citizen ownership and endure buy-in, (5) guide
development of the Vision Statement, Alternative Scenarios and Strategic Direction, and (6)
champion the Comprehensive Plan.
Composition of the Committee – The committee should represent the diverse constituencies
within the community and consist of a membership between 20-30 members. Areas from which
to draw membership included (1) existing boards and commissions, (2) Denton Plan (1999)
members, (3) the development community, (4) Chamber/Economic Development Partnership,
(5) neighborhood associations, (6) environmental interests, (7) institutional uses such as DISD,
City of Denton City Council Minutes
September 18, 2012
Page 7
UNT or TWU, (8) Denton County Transportation Authority, (9) Denton County, (10) Lake Ray
Roberts Planning Commission, (11) Sanger, (12) Krum, (13) large landowner, (14) small
business interest, and (15) large business interest. Members identified from Group 1-6 and 13-15
should be a resident, business or land owner of the City or reside within the city. This committee
could also serve in the review of recommendations of potential code amendments by Clarion and
Associates in the review of the Denton Development Code.
Schedule for formation – Staff was proposing to utilize outreach activities to solicit potential
members, create an on-line form on the Denton Plan website to accept applications, forward
candidates to the Council members for review and selection. Upcoming events included a first
th
meeting on November 6. November 8-10 would be a three day community forum.
December/January would be used to update Council on the Denton Plan update process. Staff’s
recommendation was to proceed with the formation of the committee
Council Member Roden asked what sort of commitment level would be involved for the
members.
Lockley stated that there would be 2-3 hour meetings twice a month.
Council Member Roden felt that including boards and commissions was a good idea but the ‘99
plan had specific areas of interest. He questioned if there was a plan beyond this committee for
all of the boards and commissions having interests in the plan to go through the process.
Lockley stated that staff saw this as an opportunity to revisit that to see how it was being
implemented.
Council Member Roden suggested letting boards and commissions weigh in more heavily on the
different aspects.
Mayor Burroughs suggested considering the elements that were being developed. The sections
that dealt with areas of expertise of the boards and commissions could be directed to those
boards and commissions with a charge to look at them to assist with the development and offer
suggestions. Board and commission members on the committee could take those suggestions
back to the committee and the whole board/commission could weigh in on it through the
individual member on the committee.
Mayor Burroughs suggested not limiting other communities to just Sanger and Krum but rather
include those communities on the “edge” of Denton. Another suggestion would be property
owners on the edge of the city, perhaps in the ETJ. He also suggested a person from the
Downtown area or Mainstreet should be included.
Lockley suggested someone from the Downtown Task Force to fill such a spot.
Mayor Burroughs questioned why the Public Utilities Board was singled out for a single seat.
He felt the Traffic Safety Commission should be included instead of the Public Utilities Board.
Lockley stated that the master plan dealt with proposed development and utility lines - how to
manage growth through infrastructure and manage the growth with infrastructure.
City of Denton City Council Minutes
September 18, 2012
Page 8
Mayor Burroughs felt that traffic and safety was just as critical an issue.
Lockley stated that from a land use perspective, areas in the ETJ where changes were occurring
from agriculture to business or residential needed planning for that infrastructure.
Council Member Gregory stated that he did not have a problem with the Public Utilities Board
on the committee but suggested adding Traffic Safety as well. He felt it would not hurt if the
committee were larger.
Mayor Burroughs felt that the Chamber of Commerce had a subcommittee to assist with the
process and that the Economic Development Partnership Board had a different mission. He felt
there should be one member from the Chamber and one member from the Economic
Development Partnership Board but not one or the other.
Council Member Engelbrecht indicated that he had a problem with the Economic Development
Partnership Board and the Chamber loading in one area and did not want to weight it one way or
the other. He felt he would like the Public Utilities Board and Traffic Safety Commission to
have members in order to provide input with neighborhood issues.
Lockley stated that these were examples for the makeup of the committee and were not set in
stone. Traffic Safety could be added to increase the membership from boards and commission to
eight.
Mayor Burroughs suggested taking off the Economic Development Partnership Board and
leaving the Chamber as the Chamber was a mix of people.
Council Member Engelbrecht stated that he did not see any membership representing
homeowners interests such as a long term multi-family resident. He would also like to see a
specific target for bicycles and pedestrians.
Mayor Burroughs suggested that staff refashion the list and send it back out to Council.
Lockley stated that staff could recap the list and send out to Council in an informal staff report
and Council could then provide any additional information. In terms of targeting a multi-family
neighborhood interest, it might take a little longer to reach out to that community to see who
might be interested in serving.
Mayor Burroughs noted that the key was to have weight in on the project. To have
homeowner/neighborhood associations involved.
Lockley stated that staff would start reaching out to potential members and by the time Council
was ready to appoint the committee, they would have names for consideration.
6. Receive a report, hold a discussion, and give staff direction regarding the creation of an ad-
hoc citizen advisory committee to advise Council and staff on the development of an
ordinance regulating smoking and the composition of such a citizen committee.
City of Denton City Council Minutes
September 18, 2012
Page 9
Lindsey Baker, Assistant to the City Manager, stated that the Council’s agenda included a
resolution for consideration to create an ad hoc citizen advisory committee to review the
smoking ordinance and provide recommendations to Council. A second item on the agenda
would make appointments to the committee. The Council’s backup included a list of
recommended members. These were individuals who expressed a desire to serve on the
committee or a list of proposed members from staff. She asked Council if they wanted to add to
the list or make changes to the committee.
Council Member Watts stated that he had been contacted by an interested individual. He
questioned if there was room for members and when they could be added.
Baker suggested additional members be added when Council considered the item during
Individual Items for Consideration.
City Manager Campbell stated that Council could add members to the list now and then any
future members could be added at a future meeting.
Council Member Engelbrecht nominated Sarah Bagheri.
Council Member Watts stated that John Ryan would like to serve under the citizen category or
local restaurant category.
Mayor Burroughs stated that Mayor Pro Tem Kamp had suggested Scott Campbell as a
citizen/resident and Dan Mojica as a restaurant representative.
Council Member King suggested Phil Kregel as a resident representative.
Council Member Gregory suggested Jack Thomson as a resident representative.
Council Member Roden suggested Chris Flemmons as a local musician and Adam Briggle as a
resident representative.
Mayor Burroughs suggested Pat Cheek as a resident representative.
Baker stated that the resolution would be changed to reflect the increased numbers.
7. Receive a report, hold a discussion and give staff direction regarding the CHP-Economic
Development District business development plan. (DME)
Mike Grim, Executive Manager of Power, Regulatory & Legislative Affairs provided
background information on this item. The City was seeking high valued jobs and tax revenue
growth through attracting major industrial customers. This would be done through attracting
major industrial customers, enhanced economic development opportunities, enabling major
industrial retention, creating jobs and expanding the tax base. These could be accomplished by
levering Denton's strengths to promote growth opportunities and by providing a reason for
businesses to relocate to Denton through significant cost reduction. A Combined Heat and Power
(CHP) facility provided a low-cost highly efficient and a proven form of green energy. A CHP
City of Denton City Council Minutes
September 18, 2012
Page 10
provided the benefits of efficient, reliable, economic, and environmentally sound energy. He
presented CHP example applications in other areas of Texas and the nation. CHP currently
provided 12% of the U. S. energy capacity. An Executive Order called for 50% more CHP
development by 2020.
In order to develop an attractive industrial area utilities infrastructure in the form of high
pressure natural gas supply and water supply plus land availability were needed. He noted that
the State legislation did not authorize the building of a power plant. Any excess natural gas
could be sold if the City wanted. If the City did not sell gas, it could sell gas to serve any type of
power plant that was in the area. The selling of the gas was the issue.
Council Member Watts stated that other places that had CHP plants had them located near where
the facility was going to use it. The location of a plant could limit where business could locate to
use it.
Mayor Burroughs stated that was because the City could build a CHP plant anywhere but the
problem was that there was no natural gas in the area. That was why the legislation was done in
order to get the gas there.
Grim stated that this was planning for the future. Staff was looking at ERCOT resource scarcity;
and cheap natural gas and was continually examining load growth and critical issues.
CHP project status – the environmental assessment was complete and the configuration
feasibility continued to be studied. No plant design, configuration or cost had been determined
at this time. The land acquisitions for the facility and thermal piping were nearly complete.
Natural gas pipeline status - indicative pricing had been received, high-pressure and high-volume
supply was noted, the environmental assessment was complete, and land acquisitions were nearly
complete.
Driving industrial development – The process involved identifying targeted companies/
industries, developing corporate profiles, developing partnerships with the Chamber of
Commerce, economic development, and site selectors. Prospecting materials included an
introductory letter, business development website, business development brochure, a corporate
presentation and “Doing Business in Denton” video.
Grim stated that the staff recommendation was to launch the business development campaign to
prospective customers in the fourth quarter of 2012 and issue an RFP for a business development
website.
Council Member Watts stated that combining the pipeline and CHP video presented that the
natural gas pipeline was in a stand-a-lone capacity with the capability of a CHP. There had been
a discussion if this was a new utility and if a vote by the citizens were needed when that was
done. He asked about the TIRZ potential with the Rayzor Ranch representatives and how that
was working.
Linda Ratliff, Director of Economic Development, stated that staff was just talking with the
property owner to provide utility, water, sewer and drainage, and no natural gas. They have
City of Denton City Council Minutes
September 18, 2012
Page 11
talked about a high pressure gas line and they mentioned the possibility of including it in the
TIRZ. Staff was in the process of developing the TIRZ documents and communicating with that
with the property owner.
Mayor Burroughs stated that it was his opinion that the City could not build a pipeline unless a
CHP was done.
Council Member Watts felt that according to the legislation that was passed, the City did not
have the authority.
Grim stated that if a CHP pipeline was done, there could be three years or so to get a CHP
customer. It also could be sold. He showed a video promoting Denton.
Mayor Burroughs felt that a discussion on whether to have a vote to establish a gas pipeline for
the public was necessary.
Council Member Watts stated that the City might get a company that did not need a CHP but
wanted gas. It would not be beneficial to center on a CHP to get a pipeline which really might
hinder the City. He felt the video was good for soliciting business but felt it needed to be cleaned
up. He did not want information out there that was incorrect.
Council Member Watts felt that the process had a lot of contingencies and ifs in it. He felt it
would be ok to move forward but do so carefully.
Mayor Burroughs stated that the video not clear that a CHP would have to be used and not just
obtain gas. For the City to have the ability that currently did not exist, the possibility of having a
vote was a consideration.
Council Member Engelbrecht agreed that an industry would need electricity or gas but not
necessarily a CHP. He felt a vote was needed.
Council Member Gregory liked the idea of marketing the City but felt the process was out of
sequence. If the City represented that it had some items it currently did not have, it could
frustrate some site locators. He would like to explore the possibility of the City building a gas
line to a CHP and selling that capacity but would be more comfortable getting back in sequence.
That would be done by looking at the district and a possible Charter election that would have
voters authorizing the City to be a gas provider in that section of the city. He also expressed a
concern that if the pipeline was built and there was not company, would the city legally sell the
gas.
Grim stated that the goal was to get a letter of intent from current customers in the park and then
proceed
Council Member King was in agreement with the marketing but felt that there needed to be an
election to sell the gas.
Consensus of the Council was to proceed with the marketing but to get the sequencing correct
and provide for the possibility of a vote for potential users.
City of Denton City Council Minutes
September 18, 2012
Page 12
8. Receive a report, hold a discussion and give staff direction regarding DME entering into a
License Agreement with ECOtality, Inc., for the construction and placement of Electric
Vehicle Charging Stations (EV) as part of the Department of Energy’s (DOE) "The EV
Project" (Project).
Lisa Lemons presented a briefing that was also presented to the Public Utilities Board and the
Committee on the Environment. The DME research on electric vehicle resulted in a wait and see
approach to see how the market would proceed with the electric vehicles. The scope of the
project involved a $1,000 grant to ECOtality per installation of a site. The average cost per
station was $3000. Up to 10 Level 2 Electric Vehicle Charging Stations (EV) at public facilities
in Denton. DME would collaborate with the Environmental Services and Sustainability
Department to utilize the existing internal sustainability committee to identify the appropriate
city facilities to locate the EV. ECOtality billed subscribers and paid DME for the cost of the
electricity. Example of possible sites would be libraries, city parks, the Medpark Station, etc.
Staff recommendation was for Council to approve of the EV charging station site selection
process and the execution of a license agreement with ECOtality, Inc.
Council Member Watts asked how many vehicles could be charged at a station.
Lemons stated it would depend on which unit was chosen. A normal site could do one to four
vehicles with a higher cost for sites with more vehicles.
Council Member Engelbrecht asked if the stations would only be on public property.
Lemons stated that they would be on city facilities.
Council Member Engelbrecht asked if the consultant would deal with the city on where to place
the stations.
Lemons stated that presentations would be made to the internal committee on where to place
them. The grant was also open to businesses.
Council Member Engelbrecht asked about talking with the Convention and Visitor Bureau to
have some sites located on the intestate.
Lemons stated that private businesses putting in the stations without having to talk to them about
it.
Consensus of the Council was to proceed with the proposal.
Following the completion of the Work Session, the Council convened in a Closed Session to
consider the following:
1. Closed Meeting:
City of Denton City Council Minutes
September 18, 2012
Page 13
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with City’s attorneys regarding legal issues and strategies related to
the demolition of substandard buildings, along with discussion of
recommended code amendments to clarify and refine the procedures
applicable to hearings and appeals of such cases.
B. Deliberations Regarding Real Property - Under Texas Government Code Section
551.072; and Consultation with Attorneys - Under Texas Government Code Section
551.071.
1. Discuss, deliberate and receive information from staff and provide staff with
direction pertaining to the potential purchase of a tract of land, located in the
M.E.P. & P.R.R. Company, Abstract Number 927, in the City of Denton,
Denton County, Texas, and generally located on the southwest corner of
north Loop 288 and Audra Lane. Consultation with the City’s attorneys
regarding legal issues associated with the potential acquisition of the real
property 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 Denton 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 potential litigation.
C. Deliberations Regarding Certain Public Power Utilities Competitive Matters -
Under Texas Government Code Section 551.086; and Consultation with Attorneys -
Under Texas Government Code Section 551.071.
1. Receive a presentation from Denton Municipal Electric ("DME") staff
regarding public power competitive and financial matters pertaining to
plans, strategies, opportunities, and developments for generation
improvements to the DME system; discuss and deliberate strategies relating
to selecting and acquiring generation resources for the City; discuss and
deliberate opportunities and strategies for the City to acquire purchased
power, enter into fuel transportation arrangements, and enter into agreements
regarding the same in light of the possible resource shortage in ERCOT in
order to meet its future energy needs. Discuss, deliberate and provide Staff
with direction.
2. Receive a presentation from DME staff regarding certain public power
competitive and financial issues regarding purchased power pricing
information including the First Amendment to Full Requirements Wholesale
Electric Power Service Agreement between the City of Denton, Texas and
NRG Power Marketing, LLC (First Amendment); discuss, deliberate,
consider approval of and take final action on the said First Amendment.
3. Receive a report and a presentation from Denton Municipal Electric staff
City of Denton City Council Minutes
September 18, 2012
Page 14
regarding certain public power competitive and financial matters regarding
ongoing negotiations regarding the Request for Proposals No. 4859 issued
by the City soliciting proposals for a solar-generated energy facility or
facilities for the City of Denton, Texas, and a proposed Non-Binding Letter
of Intent by and between the City of Denton, Texas and the proposed
successful bidder; discuss, deliberate, provide staff with direction, consider
and take final action regarding such matters. Consultation with the City’s
attorneys regarding legal advice regarding such matters referenced above.
A public discussion of this legal matter would conflict with the duty of the
City’s Attorneys to the City of Denton, Texas under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall.
1.PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2.PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. UNT Mean Green Pride Proclamation
Mayor Burroughs presented the proclamation for UNT Mean Green Pride Fridays.
2. Presentation of the Government Finance Officers Association Distinguished Budget
Award
Bryan Langley, Assistant City Manager, presented the award to the City.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Richard Rogers regarding Greenfest on the Greenbelt, Sept. 29, 2012.
Mr. Rogers presented information on the Greenfest project. It would take place on the Greenbelt
and was designed to connect citizens with the outdoors. Family activities were planned. He
encouraged everyone to attend.
Council Member Roden left the meeting.
City of Denton City Council Minutes
September 18, 2012
Page 15
4.CONSENT AGENDA
Council Member Gregory motioned, Council Member Engelbrecht seconded to approve the
Consent Agenda and accompanying ordinances and resolutions with a replacement ordinance for
Item A and a substitute resolution for Item N. On roll call vote, Council Member King "aye",
Council Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht
"aye", and Mayor Burroughs "aye". Motion carried unanimously.
Ordinance 2012-234
A. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager or his designee to execute a Contract of Sale (herein so called) between the
City of Denton, as Buyer and G. Brad Grant, Becky J. Grant, and Charles A. Grant,
Jr., collectively, as Seller, contemplating the sale and purchase of an approximate
26.464 acre tract of land, being located in the M.E.P. & P.R.R. Company Survey,
Abstract Number 927, City and County of Denton, Texas, ("Real Property"), for a
purchase price of Two Million and No/100 Dollars ($2,000,000.00); authorizing the
City Manager, or his designee, to execute and deliver the Contract of Sale, and all
other documents necessary to accomplish closing of the transaction contemplated by
the Contract of Sale; authorizing the expenditure of funds therefore; and providing
an effective date. The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-235
B. Consider adoption of an ordinance authorizing the City Manager, or his designee, to
execute on behalf of the City of Denton a fifth Amendment to an Airport Lease
Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended
by Ordinance 2009-323 dated December 15, 2009 and amended by Ordinance 2010-
193 dated August 7, 2010 and amended by Ordinance 2012-056 dated March 6,
2012 and amended by Ordinance 2012-057 dated March 6, 2012 between the City
of Denton, Texas and Sykes-Vaughn Investments, LLC, which includes among
other provisions the right to sell aviation fuel to the public for a fuel flowage fee and
to provide commercial hanger and tie-down service at the Denton Municipal Airport
for real property located at 4600 Taxilane "H"; and, providing an effective date.
The Council Airport Committee recommends approval (3-0).
Ordinance No. 2012-236
C. Consider adoption of an ordinance authorizing the City Manager, or his designee, to
execute on behalf of the City of Denton a Commercial Operator Lease Agreement
between the City of Denton, Texas and HTA Aviation for approximately 26,055
square feet of land located at 4910 Lockheed Lane at the Denton Airport; and,
providing an effective date. The Council Airport Committee recommends approval
(3-0).
Ordinance No. 2012-237
D. Consider the adoption of an ordinance of the City of Denton, Texas, approving a
Fourth Amendment to an Economic Development Program Grant Agreement dated
City of Denton City Council Minutes
September 18, 2012
Page 16
September 9, 2008 between the City of Denton and DCTIRZ, a Texas Limited
Liability Company, to assign all rights and title, to and under the Agreement to
Amarillo National Bank.
Ordinance No. 2012-238
E. Consider adoption of an ordinance of the City of Denton, Texas, Nunc Pro Tunc,
correcting an inadvertent mistake in Ordinance No. 2012-188, specifically its
amendment of a rezoning from a Neighborhood Residential 3 (NR-3) zoning district
and land use classification to a Neighborhood Residential Mixed Use 12 (NRMU-
12) zoning district and land use classification with a restrictive overlay on 3.3 acres
of land located east of Bell Avenue, approximately 500 feet north of the northeast
intersection of Sherman Drive and Bell Avenue and is approximately 185 feet south
of Sunrise Cove; providing for a penalty in the maximum amount of $2,000.00 for
violation thereof; providing for severability, savings and supersedure; and providing
for an effective date.
Ordinance No. 2012-239
F. Consider adoption of an ordinance of the City of Denton, Texas approving an
Interagency Cooperation Contract by and between the University of Texas at
Arlington and the City of Denton, Texas for a term of three years to provide landfill
field testing and monitoring services, enhanced leachate recirculation modeling,
efficiency analyses, research, development of a mining methodology and materials
characterization in order to support ongoing studies of several landfill parameters
for the City of Denton Landfill in an amount not-to-exceed $344,415; providing for
retroactive approval, confirmation and ratification thereof; authorizing the City
Manager or his designee to execute said contract on behalf of the City of Denton;
providing for the expenditure of funds; and providing an effective date (File 4816).
The Public Utilities Board recommends approval (5-0).
Ordinance No. 2012-240
G. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a Thirty-Six Month Lease Agreement with
Ricoh USA, Inc. for production printing equipment for the City of Denton
Reprographics Division through the Buy Board Cooperative Purchasing Network
(Contract # 349-11); and providing an effective date. (File 5029-Lease of
Production Printing Equipment awarded to Ricoh USA, Inc. in the annual lease
amount of $87,738.96 for a thirty-six month total of $263,216.88).
Ordinance No. 2012-241
H. Consider adoption of an ordinance accepting sealed proposals and awarding a Two
Year Contract for Maintenance Services for the City of Denton Vehicle Wash
Facility located at 1251 South Mayhill Road and providing an effective date (RFP
4837-Vehicle Wash Facility Services awarded to Pro-Tech Service Company,
L.L.C. in the annual estimated amount of $75,000 for a two year total of $150,000).
The Public Utilities Board recommends approval (5-0).
City of Denton City Council Minutes
September 18, 2012
Page 17
Ordinance No. 2012-242
I. Consider adoption of an ordinance accepting sealed proposals and awarding a
Public Works Contract for the Installation of a Belanger Condor Vehicle Wash
System at the City of Denton’s Vehicle Wash Facility; providing for the expenditure
of funds therefor; and providing an effective date (RFP 4837-awarded to Pro Tech
Service Company, L.L.C. in the amount of $86,590.04). The Public Utilities Board
recommends approval (5-0).
Ordinance No. 2012-243
J. Consider adoption of an ordinance approving the expenditure of funds for Red Light
Citation Verification Services for the City of Denton Automated Traffic Signal
Enforcement program available from only one source in accordance with Texas
Local Government Code 252.022, exempting such purchases from requirements of
competitive bids; providing for the expenditure of funds therefor; and providing an
effective date (File 4984-Red Light Citation Collection Contract awarded to Redflex
Traffic Systems, Inc., in the five year not to exceed amount of $150,000).
Ordinance No. 2012-244
K. Consider adoption of an ordinance accepting competitive proposals and awarding a
Two Year Contract for Administrative Services Only (ASO) for Medical and
Pharmacy Benefits and Employee Assistance Program (EAP) for the City of
Denton; providing for the expenditure of funds therefor; and providing an effective
date (RFP 4956-Administrative Services Only (ASO) for Medical and Pharmacy
Benefits and Employee Assistance Program (EAP) awarded to United Healthcare
Services, Inc. in the annual estimated amount of $601,779.36 for ASO and
$27,074.40 for the EAP for a total annual estimated amount of $628,853.76 and for
a two year estimated expenditure of $1,257,707.52).
Ordinance No. 2012-245
L. Consider adoption of an ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a License Agreement by and between the
City of Denton, Texas, as Licensee and Electric Transportation Engineering
Corporation d/b/a/ ECOtality North America, a Corporation, as Licensor, for
Electric Vehicle Supply Equipment and Software for the ECOtality Project for
Electric Vehicle Refueling Stations; approving the expenditure of funds therefore;
and providing an effective date. (DME)
Ordinance No. 2012-246
M. Consider adoption of an ordinance approving the "National Highway System (NHS)
program project agreement for state-contracted traffic signal construction (with
municipality providing limited materials or labor)" regarding the City’s participation
in the procurement and installation of traffic signals on roadways within the city
limits of the City of Denton, Texas by and between the City of Denton, Texas and
the State of Texas, acting by and through its agency, the Texas Department of
Transportation; providing the City Manager with authority to carry out the rights
and duties of the city regarding said agreement; and providing an effective date.
City of Denton City Council Minutes
September 18, 2012
Page 18
Ordinance No. 2012-247
N. Consider approval of a resolution creating an ad-hoc citizen advisory committee to
advise Council and staff on the development of an ordinance regulating smoking
and the composition of such a citizen committee.
Approved the minutes listed below
O. Consider approval of the minutes of:
August 6, 2012
August 7, 2012
August 14, 2012
Approved the request below for public art.
P. Consider approval of the Parks, Recreation and Beautification Board’s
recommendation to select artist Michael Boyett’s sculpture, The Legacy, as public
art for the City of Denton. The sculpture, which will cost $31,911, is pursuant to the
City of Denton Public Art policy approved by Resolution R2006-014 and will be
funded with Hotel Tax revenues previously authorized and encumbered for
expenditure to such purposes; and declaring an effective date. The Parks,
Recreation and Beautification Board recommends approval (5-0).
Resolution No. R2012-030
Q. Consider approval of a resolution amending Resolution No. R2011-036 regarding
the Denton Handbook for Boards, Commissions, and Council Committees to add a
process by which Boards and Commissions may communicate with the City
Council.
Ordinance No. 2012-247
R. Consider adoption of an ordinance accepting competitive proposals and awarding a
Two Year Contract for Property, Boiler and Machinery Insurance Coverage for the
City of Denton; providing for the expenditure of funds therefor; and providing an
effective date (RFP 5017-Property, Boiler and Machinery Insurance Coverage for
the City of Denton awarded to Affiliated FM Insurance Company at a rate of
$0.0655 per $100 of insurable value).
Ordinance No. 2012-248
S. Consider adoption of an ordinance for the City of Denton, Texas authorizing the
City Manager to execute a professional service agreement with Focused Advocacy,
LLC to assist the City in advancing its State Legislative Program, assist council and
staff in addressing proposed legislation, and make the City aware of any legislative
or administrative initiatives believed to be detrimental to the interests of the City;
authorizing the expenditure of funds therefore; and providing an effective date
(amount not to exceed $137,500 annually, or $275,000 for the total two-year
contract).
City of Denton City Council Minutes
September 18, 2012
Page 19
Resolution No. R2012-031
T. Consider approval of a resolution expressing the intent of the City Council of the
City of Denton, Texas to seek reimbursement for the purchase price and any
remediation costs under certain circumstances for the property acquired pursuant to
Ordinance No. 2012-187, consisting of a 2.0 acre tract, more or less, and located in
the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas, and located
generally at the southeast corner of the intersection of East McKinney Street and
Oakland Street, as more particularly described therein, and providing an effective
date.
5.ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider appointments to the Ad-hoc Citizen Advisory Committee on the Smoking
Regulations.
Lindsey Baker, Assistant to the City Manager, presented information on the members to be
considered and noted that the membership had been updated since the Council Work Session.
Council Member King motioned, Council Member Engelbrecht seconded to approve the revised
membership. On roll call vote, Council Member King "aye", Council Member Watts "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Burroughs
"aye". Motion carried unanimously.
B. Consider nominations/appointments to the City’s Boards & Commissions.
1. Community Development Advisory Committee
2. Health & Building Standards Commission
3. Human Services Advisory Committee
4. Parks, Recreation and Beautification Board
5. Public Utilities Board
Council Member Watts nominated Larry Varnes to the Community Development Advisory
Committee, Mayor Pro Tem Kamp nominated Greg Coward to the Health & Building Standards
Commission and Council Member Roden had previously nominated Lilia Bynum to the Public
Utilities Board.
Council Member Watts motioned, Council Member King seconded to approve the nominations.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", and Mayor Burroughs "aye". Motion carried
unanimously.
Resolution No. R2012-032
C. Consider approval of a resolution of the City Council of the City of Denton, Texas
receiving and accepting the City of Denton, Texas capacity, management, operation
and maintenance ("CMOM") self-audit report conducted by Pipeline Analysis,
City of Denton City Council Minutes
September 18, 2012
Page 20
L.L.C. dated July, 2012, regarding the Denton wastewater collection system
utilizing the Environmental Protection Agency’s "Region IV CMOM self-audit/self
disclosure program" and components of the Environmental Protection Agency’s
sanitary sewer overflow ("SSO") draft rule, including the CMOM and asset
management ("AM") business practices; and providing an effective date.
PS Arora, Wastewater Division Manager, presented the details on the resolution. He stated that
the Wastewater Department had retained Pipeline Analysis to audit and prepare a report for the
wastewater collection system using the EPA’s Region IV CMOM Self-Audit/Self-Disclosure
program.
Jim Forbes, Pipeline Analysis, stated that the CMOM audit was a recommendation from the EPA
to see where the system was today and where would be in the future. The audit was only done
on the wastewater collection process. Critical needs identified during the CMOM included (1)
construction inspection, (2) warranty tracking, (3) hydraulic cleaning and others. The CMOM
addressed current practices, sustainability, and prioritized program needs. System inventory and
information management found that the city collection system assets were in GIS and updated
continually. Attribute data was populated in the GIS database and procedures were in place to
update as changes were made to the collection system. The audit showed that 45% of the City
was clay pipe that would not last very long and was already deteriorating. Maintenance
Management showed that the system software was up to date and asset numbering procedures
were in place to assess asset numbers to new assets as they were added. It was suggested going
wireless to maintain the information. Safety and training showed a successful safety program as
evidenced by a good safety record. A recommendation was to have written safety policies and
overflow emergency response plan continued to be reviewed and updated to assist in the safety
efforts. The audit of the Overflow Emergency Response Plan showed that staff was well versed
in TCEQ and EPA rules and regulations and did reporting as required. The Collection System
Maintenance audit showed that preventative maintenance cleaning was being undertaken on an
aggressive schedule. He recommended adding one or two more crews to help maintain clay
pipes. In terms of Source Control, the Sewer Use Ordinance was reviewed annually by staff and
updated as needed to address infiltration/inflow illicit connections and grease. His suggestion
would be to develop an ordinance that would require retrofitting inadequately sized grease
interceptors when a new building permit was issues, new occupancy permits was applied for or
when violations exceeded a certain threshold.
Council Member Roden returned to the meeting.
Forbes continued with Standard Design, Construction and Inspection. He stated that the City had
standard design specifications, detailed drawings, approved materials lists and design criteria to
standardize the design of gravity sewer and force main projects. Communication and Outreach
showed an excellent outreach for residents in terms of the city’s website, newsletters, cable
access, auto-dialing by area, newspaper, door hangers and billing inserts. Monitoring,
Measurement and Program Modification showed that annual monitoring of CMOM by staff with
performance indicators would determine how the City was doing with the program and how to
optimize the system. In the area of adequate funding, the needs far exceeded funding sources.
Staff had prioritized the CIP program to minimize the impact on rates. Human Resource support
showed that the overall current system strove to develop career ladders to keep specialization
City of Denton City Council Minutes
September 18, 2012
Page 21
where needed. His only suggestion was that certain skilled operators should have production
standards. The audit of the Purchasing area resulted in a recommendation to develop a list of
critical spare parts that might require a sole source purchase when no suitable alternative was
available. The use of the Buy Board was encouraged.
His overall score for the audit was an “A". He noted that no other city was doing the amount of
work that Denton was doing and this was the only city he had ever given an “A” to on the audit.
Council Member Watts stated that there had been a few sanitary sewer overflows that had
occurred in the past several years and appreciated the staff’s efforts in this regard.
Council Member King motioned, Council Member Gregory seconded to approve the resolution.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", and Council
Member Roden "aye". Motion carried unanimously.
6. PUBLIC HEARINGS
Ordinance No. 2012-249
A. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, providing for a Comprehensive Plan amendment from an Existing Land
Use/Infill Compatibility future land use designation to a Downtown University Core
future land use designation for approximately 13.31 acres, generally located on the
south side of I-35E, approximately 500 feet west of North Texas Boulevard and
legally described as a tract of land situated in the Eugene Puchalski Survey, Abstract
No. 996, Denton County, Texas, and being a portion of that certain tract of land as
described in deed to the State of Texas, recorded in Volume 294, Page 121, and
Volume 291, Page 82 of the deed records of Denton County, Texas, and being all of
Lot 1, Block 1 of the Final Plat of Sheraton North Texas Addition, an addition to the
City of Denton, Denton County, Texas, recorded in Cabinet C, Page 400, of the plat
records of Denton County, Texas; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof; and providing for severability and an effective date.
(CA12-0001) The Planning and Zoning Commission recommends approval (6-0).
Mayor Burroughs noted that Item 6A and 6B would be presented together.
Ron Menguita, Planning Supervisor, stated that Item 6A was an ordinance amending the
Comprehensive Plan for a future land use designation to Downtown University Core for
approximately 13.31 acres on the south side of I-35E, west of North Texas Boulevard. UNT was
working in partnership with Denton and a private developer to develop the property into a full-
service hotel conference/convention center and restaurant. In conjunction with the
Comprehensive Plan amendment, staff was proposing to rezone the property to DC-G. This was
Item 6B on the Council agenda. If approved the DC-G would allow for the convention center
and restaurant without any limitations. He reviewed the Eagle Point campus development site
which was also in the Denia neighborhood. Staff met with residents who expressed concerns
about access and traffic from the convention center. Staff concluded the criteria for the Denia
plan would be met. The Comprehensive Plan amendment must first be approved by Council
City of Denton City Council Minutes
September 18, 2012
Page 22
before the proposed rezoning request could be considered. All criteria for the amendment had
been met per staff analysis. The Planning and Zoning Commission and Development Review
Committee recommended approval of the Comprehensive Plan amendment ad well as the
rezoning request.
The Mayor opened the public hearing for Item 6A.
Judy VanLoan, 2006 Wisteria, Denton, 76201 spoke in opposition.
The Mayor closed the public hearing for 6A.
Mayor opened the public hearing for 6B.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance for
6A. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", and
Council Member Roden "aye". Motion carried unanimously.
Ordinance No. 212-250
B. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, providing for a zoning change from a Neighborhood Residential 2 (NR-2)
and Neighborhood Residential Mixed Use (NRMU) to a Downtown Commercial
General (DC-G) zoning district classification and use designation for approximately
13.31 acres, generally located on the south side of I-35E, approximately 500 feet
west of North Texas Boulevard and legally described as a tract of land situated in
the Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas, and being a
portion of that certain tract of land as described in deed to the State of Texas,
recorded in Volume 294, Page 121, and Volume 291, Page 82 of the deed records of
Denton County, Texas, and being all of Lot 1, Block 1 of the Final Plat of Sheraton
North Texas Addition, an addition to the City of Denton, Denton County, Texas,
recorded in Cabinet C, Page 400, of the plat records of Denton County, Texas;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
and providing for severability and an effective date. (Z12-0002) The Planning and
Zoning Commission recommends approval (6-0).
The public hearing for this item was considered with 6A.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance for
6BOn roll call vote, Council Member King "aye", Council Member Watts "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", and
Council Member Roden "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 18, 2012
Page 23
Ordinance No. 2012-251
C. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, providing for an initial zoning district and use classification of Regional
Center Commercial Downtown (RCC-D) on approximately 9.5 acres and the
rezoning of approximately 3.6 acres from Regional Center Residential 1(RCR-1)
zoning district and use classification to a RCC-D zoning district and use
classification; located on the west side of North I-35, south of Ganzer Road and
north of Barthold Road; and providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (Z12-0004) The
Planning and Zoning Commission recommends approval (7-0).
Brian Locldey, Interim Director of Planning and Development, presented the details on the
proposal. The request was for initial zoning of Regional Center Commercial Downtown and
rezoning of a portion of the tract to Regional Center Residential 1. The purpose of the rezoning
request was to permit the existing use of RV sales and service to be operated legally. The use
was currently considered non-conforming. The Planning and Zoning Comnussion and the
Development Review Committee recommended approval.
Council Member Watts aslced about the improvements on the property.
Locldey stated that the improvements were on site but not developed.
Council Member Watts stated that the shop building and other buildings were already there when
the property was annexed.
Locldey stated that was correct.
The Mayor opened the public hearing.
Ricic Baria, 5138 Edwards Road, Denton, 76201 spolce in favor.
The Mayor closed the public hearing
Council Member Watts motioned, Council Member Engelbrecht seconded to adopt the
ordinance. On roll call vote, Council Member King "aye", Council Member Watts "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye",
and Council Member Roden "aye". Motion carried unanimously.
Ordinance No. 2012-252
D. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, providing for a zoning change from a Neighborhood Residential 2(NR-2)
zoning district to a Neighborhood Residential 6(NR-6) zoning district on
approximately 23.9 acres. The property is located south of Pocicnis Page Road, east
of the Interstate 35 frontage road and west of Cattail Lane, within the City of Denton,
Denton County, Texas; providing for a penalty in the maximum of $2,000.00 for
violations thereof, severability and an effective date. (Z12-0006) The Planning and
Zoning Commission recommends approval (6-0).
City of Denton City Council Minutes
September 18, 2012
Page 24
Erica Marohnic, Senior Planner, stated that the proposal was to develop 116 single family
detached homes on the property. The proposed zoning was NR-6 with the lot sizes consistent
with the lots in the Villages of Carmel. The zoning was also consistent with the Villages of
Carmel. The applicant had a neighborhood meeting to worlc on neighborhood concerns. The
Development Review Committee found the request consistent with surrounding land uses and
along with the Planning and Zoning Commission recommended approval.
Mayor Burroughs stated that the property was zoned NR-3 due to the prior city-wide rezoning.
The property was previously agriculture. He aslced if there was an NR-2 use on any of the
property.
Marohnic stated that Phase I was originally NR-2 but the property had been rezoned to NR-6.
The Mayor opened the public hearing.
The following individuals spolce during the public hearing:
Marlc Allen, future property owner, would answer any Council questions.
Council Member Watts asked if the lot sizes would be the same as an average adj acent lot size.
Marohnic stated correct.
Bob Shelton stated that he was available to answer any questions.
The Mayor closed the public hearing.
Council Member Roden motioned, Council Member Watts seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", and Council
Member Roden "aye". Motion carried unanimously.
Ordinance No. 2012-253
E. Hold a public hearing and consider adoption of an ordinance of the City of Denton
regarding a Specific Use Pernut to allow a beauty shop as a home occupation within
a single-family residence on a 0.137 acre property located within a Neighborhood
Residential 4(NR-4) zoning district. The subject property is generally located north
of Terry Court and west of Mocicingbird Lane, within the City of Denton, Denton
County, Texas; providing for a penalty in the maximum of $2,000.00 for violations
thereof, severability and an effective date. (S 12-0002) The Planning and Zoning
Commission recommends approval (7-0).
Bryan Locldey, Interim Director of Planning and Development, presented the details of the
request. He indicated that the specific use request would allow a beauty shop as a home
occupation within a single fanuly residence. Neighborhood opposition was based on traffic and
safety. There was a concern that children wallced in front of the property going to and from
school but it appeared that traffic was at a minimum with the business. The Planning and Zoning
Commission recommended approval as did the Development Review Committee. The
City of Denton City Council Minutes
September 18, 2012
Page 25
Commission recommended the following conditions for approvaL (1) there would be no outside
employees, (2) there would be no more than one chair, (3) there would be no more than two
customers at one time and (4) hours of operation would be between 8:00 a.m. and 8:00 p.m.
The Mayor opened the public hearing.
No one spolce during the public hearing.
The Mayor closed the public hearing.
Council Member King motioned, Council Member Watts seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", and Council
Member Roden "aye". Motion carried unanimously.
7. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the followin�:
1. Nell Yeldell regarding the Denton County Tax Office.
Ms. Yeldell spolce regarding the Denton County Tax office. She had a letter concerning issues
with her property and activities occurring on that property. She presented the letter to the City
Secretary. She presented details regarding a problem she had with the Denton County Tax
Office regarding tags for her vehicle.
8. 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 thanlcs,
congratulations, or condolence; information regarding holiday schedules; an honorary or
salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming 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.
Council did not have any items for consideration.
City of Denton City Council Minutes
September 18, 2012
Page 26
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
Council returned to Closed Session at 8:15 p.m. with no official action taken.
With no further business, the meeting returned to Open Session at 8:25 p.m. and the meeting was
adj ourned.
MARK A. BLJRROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
October 1, 2012
The Joint Meeting of the City of Denton City Council and the Denton Independent School
District Board of convened on Monday, October 1, 2012 at 11:30 a.m. in the DISD Central
Services Building.
PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht,
Council Member King, Mayor Pro Tem Kamp, Mayor Burroughs
ABSENT: Council Member Roden
1. Call to order; announce quonim, introductions.
Mayor Burroughs announced a quonim of Council was present. The Council and the DISD as
well as staff introduced themselves.
2. Receive a report and hold a discussion regarding maj or development proj ects.
Brian Locldey, Interim Director of Planning and Development, presented an update on maj or
developments in Denton. The update included annexations, master planned communities,
residential developments and non-residential developments.
Overview of Annexations — in 2010 the Council annexed 15 areas within its extraterritorial
jurisdiction totaling approximately 7,494 acres. Approximately 3,377 acres of this total acreage
were annexed on May 4, 2010. The remaining 4,117 acres were given 5-year Development
Agreements.
Master Planned Communities — The current Master Planned Communities consisted of the Hills
of Denton North, the Hills of Denton, Rayzor Ranch, Cole Ranch and Hunter (Inspiration)
Ranch. An overview of the communities was presented in terms of general location, land area,
number of units, status and whether there were proposed school sites.
Residential Developments New and Ongoing Proj ects—Single-Fanuly — Proj ects of note included
Central Village Estates, Meadows at Hicicory Creelc, Preserve at Pecan Creelc, Glenwood
Village, and Unicorn Lake Estates. These projects were reviewed in terms of area, number of
platted lots and number of remaining lots.
Residential Developments New and Ongoing Proj ects—Multi-Fanuly Residential — Proj ects of
note included The Lodge at Pecan Creek, The Grove at Denton, Cypress Campus at Denton,
Locust Street Lofts, Eagle Village Apartments, the Retreat at Denton, Gardens of Denton,
Sterling Fry Street, Victoria Station, Centre Place Apartments, Eagle Village Apartments Phase
II, and Crosswind Village Apartments. These proj ects were reviewed in terms of location and
number of units.
New Projects—Non-Residential Developments — Kohl's Department Store, Target Distribution
Center and Labinal were major non-residential developments current in the development process.
Council and the Tnistees discussed procedures for school site locations, locations for parlc sites,
and procedures to obtain those sites from developers.
C'zty c�f Deyltoyl C'zty C'olrylczl Miyllrtes
Octobe� 1, 2012
Page 2
Rod Reeves, Coordinator of Facilities and Planning-DISD, presented a video regarding growth
of the Denton ISD.
Bob Templeton, Templeton Demographics, presented information on economic conditions in
Denton versus other areas. His presentation also included national economic overview,
Dallas/Fort Worth housing marlcet, new home ranlcing report, vacant developed lots, and future
lots. He reviewed a 10 year forecast for growth in the DISD noting positive areas and areas of
concern.
3. Receive a report and hold a discussion regarding the City's proposed November 2012
Street Bond Election.
Bryan Langley, Assistant City Manager, reviewed the history of the street bond program. To
address deteriorating street conditions, a Citizens Bond Advisory Committee was formed to
provide proj ect recommendations. The Committee focused on streets with an Overall Condition
Index of 40 or less with 40 considered a poor score. The Committee recommended a$20.4
million bond program for the November 6, 2012 election. Included in the bond election was
approximately $400,000 for public art related to the I-35 expansion project. The bond program
assumed no tax rate increase. During the next several months, a public education campaign
would be done. The next voter approved bond program was tentatively planned for 2014 or
2015. Streets would again likely be a major focus but other community-wide initiatives would
also be considered.
4. Discussion regarding:
a) DISD Adequate Yearly Progress (AYP) Report
Chris Shade, Director of School Improvement and Support, presented information on the DISD's
Adequate Yearly Progress Report. No Child Left Behind was a federal education bill signed into
law on January 8, 2002. It required states to establish testing performance targets that grew
incrementally. Schools had to demonstrate Adequate Yearly Progress. As required, Texas
established increasing higher standards over time. Despite rising standards, Denton ISD schools
consistently exceeded state standards. Shade reviewed the reading and math standards and
results for the past several years.
b) Status Report regarding DISD/City request to the NCTCOG Regional
Transportation Council for funding to install sidewallcs near Woodrow
Wilson Elementary School and Pecan Creelc Elementary School
City Manager Campbell stated that the City and DISD had worlced together to identify
appropriate and potential projects for possible funding assistance through the NCTCOG.
Through those efforts, COG had identified funding to install sidewallcs near two school sites.
The City and DISD were now considering fund sharing options for the 20% local match required
by the funding program through the Congestion Mitigation and Air Quality Improvement
Program.
Mayor Pro Tem Kamp noted that this was an example of a great partnership effort between the
two entities.
C'zty c�f Deyltoyl C'zty C'olrylczl Miyllrtes
Octobe� 1, 2012
Page 3
5. 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, congranilations, 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.
Board Tnistee Jim Alexander noted that the City and DISD would need to continue to have good
cooperation during the next legislative session.
Council Member Gregory noted that economic development was happening on the west side of
the City near the Denton Airport.
6. Adjourn.
With no further business, the meeting was adjourned at 1:30 p.m.
MARK A. BURROUHGS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
October 2, 2012
After deternuning that a quonim was present, the City Council convened in a Work Session on
Tuesday, October 2, 2012 at 5:00 p.m. in the Council Worlc Session Room at City Hall.
PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht,
Mayor Pro Tem Kamp, Mayor Burroughs
ABSENT: Council Member King, Council Member Roden
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for October 2, 2012.
Council Member Watts stated that the ordinance on the agenda concerning chicicens prohibited
roosters even within a 150' setbacic.
Scott Fletcher, Captain Denton Police Department, stated that chicicens were separated out from
other fowl and set the prohibition of roosters and the number of chicicens together for clarity of
the ordinance. The approach to the ordinance would be complaint driven.
Council Member Watts stated that if people had them now and there were no complaints about
the roosters, he would prefer to leave the rooster issue as it currently was at 150 foot setbacic as
that had worlced in the past. The current ordinance would deprive people who already had that
use and they would have to get rid of their roosters.
Consensus of the Council was to allow the roosters in the 150 foot setbacic and to put that
language bacic in the ordinance.
Council Member Watt questioned Consent Agenda Item N in terms of the intent of the PID
versus 380 agreement reimbursement. It was his understanding that an amendment would be
done to the 380 agreement that a PID project would not be eligible for 380 funding. If that was
the intent between the twq he would suggest putting that language in the resolution also so it
corresponded with the 380 agreement.
City Manager Campbell stated that the resolution this evening would merely call for the holding
of a public hearing.
Linda Ratliff, Director of Economic Development, stated that an ordinance on the Council's
November 6th agenda would create the actual district.
City Manager Campbell stated that the suggested wording would be in the ordinance and in the
380 agreement.
Council Member Engelbrecht expressed concern regarding the issuance of the terms for 40 years
for Consent Agenda Item N. Unless there were strong arguments for the 40 year terms, he would
not support 40 years. Malls did not last 40 years and he would not be in favor of that amount of
time.
City of Denton City Council Minutes
October 2, 2012
Page 2
Ratliff stated that normally PIDS ran the same length as the bonds which were 25-30 years.
Forty years was the maximum included in the request but the phases would be set by the bond
indebtedness when approved at that time.
Mayor Burroughs expressed appreciation for staff considering a local preference for Item H.
Following the completion of the Work Session, the Council convened in Closed Session at 5:15
p.m. to consider the following.
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071;
and 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 acquisition of two tracts of fee lands for
public purposes siniated in the Gideon Wallcer Survey, Abstract Number
1330, in the City of Denton, Denton County, Texas, generally located in
the 650 and 1000 blocics of South Mayhill Road. 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
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or
would jeopardize the City's legal position in any adnunistrative
proceedings or potential litigation regarding expanding and improving
the City of Denton Landfill, a permitted municipal solid waste disposal
facility.
2. Discuss, deliberate, and receive information from staff and provide
staff with direction pertaining to the potential purchase of certain real
property interests located in the T.M. Downing Survey, Abstract No.
346, City of Denton, Denton County, Texas, and located generally
along the south side of East McKinney Street, approximately 0.3 miles
east of Woodrow Lane. Consultation with the City's attorneys regarding
legal issues associated with the potential acquisition and condemnation
of the real property 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 Denton 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.
3. Discuss, deliberate and receive information from staff and provide
staff with direction pertaining to the potential purchase of two tracts of
land, located in the David Davis Survey, Abstract Number 356, City
City of Denton City Council Minutes
October 2, 2012
Page 3
of Denton, Denton, County, Texas, and located generally along the
west side of Tom Cole Road, across from the Denton Municipal
Airport. Consultation with the City's attorneys regarding legal issues
associated with the potential acquisition of the real property 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
Denton 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 potential litigation.
Regular meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers of
City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. Employer of the Year for People with Disabilities
Mayor Burroughs presented the proclamation for Employer of the Year for People with
Disabilities.
2. National Disability Employment Awareness Month
Mayor Burroughs presented the proclamation for National Disability Employment Awareness
Month.
3. Fire Prevention Weelc
Mayor Burroughs presented the proclamation for Fire Prevention Weelc.
3. CONSENT AGENDA
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the amended ordinance for Item N to
include roosters. On roll call vote: Council Member Watts, Council Member Gregory, Council
Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs —"aye". Motion carried
unanimously.
Resolution No. R2012-033
A. Consider approval of a resolution allowing Metzler's Food and Beverage, Inc. to
be the sole participant allowed to sell alcoholic beverages at the Friday Nite
City of Denton City Council Minutes
October 2, 2012
Page 4
Bites! Denton Foodie Tnicic Festival, located at 604 E. Hicicory Street, Friday,
October 26, 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. Staff recommends approval of Metzler's Food
and Beverage's request.
Ordinance No. 2012-254
B. Consider adoption of an ordinance of the City of Denton, Texas amending the
provisions of Chapter 17 by amending Sections 17-184, 17-187, 17-189, and 17-
191 to correct cross reference errors; amending Section 17-187 to provide for a
new section title; amending Section 17-191 to provide for a limited judicial
review of demolition orders issued by the health and building standards
commission of the City of Denton, Texas; amending the provisions of Chapter
19 by amending Section 19-2 to provide for clear declaration of limited civil
jurisdiction already conferred upon the city's municipal court of record by state
law, and incorporated by municipal charter; providing a severability clause;
providing a savings clause; and providing an effective date.
Ordinance No. 2012-255
C. Consider adoption of an ordinance of the City of Denton, Texas, to declare the
intent to reimburse expenditures from the Unreserved Fund Balance of the
Airport Fund with certificates of obligation with an aggregate maximum
principal amount equal to $2,000,000 to allow the purchase of land for future
development of Airport property; and providing an effective date.
Ordinance No. 2012-256
D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager or his designee to execute (I) a Contract of Sale (herein so
called), as attached hereto and made a part hereof as Exhibit "A", by and
between the City of Denton, (the "City"), and Wells Fargo Banlc, N.A., and
Billie Glosser, (collectively, as "Seller") contemplating the sale by Seller and
purchase by City of (A) a called 6205 acre tract of land; and (B) a called
142.2252 acre tract of land (Collectively, the "Real Property"), for the
purchase price of One Million Five Hundred Thousand and No/100 Dollars
($1,500,000.00), said Real Property being generally located along the west side
of Tom Cole Road, across from the Denton Municipal Airport and located in
the David Davis Survey, Abstract Number 356, Denton County, Texas; and
(II) upon closing of the transaction contemplated by the Contract of Sale, a
Temporary Lease (herein so called) of the Real Property in favor of Billie
Glosser; authorizing the City Manager, or his designee, to execute and deliver
any and all other documents necessary to accomplish closing of the
transactions contemplated by the Contract of Sale; authorizing the expenditure
of funds therefor; and providing an effective date.
Ordinance No. 2012-257
E. Consider adoption of an ordinance of the City of Denton, Texas amending the
provisions of Chapter 6 by amending Section 6-26 to add provisions to allow the
lceeping of chicicens within the city linuts of Denton with certain restrictions;
City of Denton City Council Minutes
October 2, 2012
Page 5
providing for a severability clause; providing for a savings clause; providing for a
penalty not to exceed $500 for violations of this ordinance; and providing for an
effective date.
Ordinance No. 2012-258
F. Consider adoption of an ordinance amending the Code of Ordinances of the City
of Denton, Texas by adding Section 26-12 thereto; providing for the imposition of
a lien on real property, other than homestead property, for delinquent municipal
utility bills for utility service to the real property; providing for a savings clause;
providing for a severability clause; providing for publication thereof; and
providing for an effective date. The Public Utilities Board recommends approval
(5-0)
Ordinance No. 2012-259
G. Consider adoption of an ordinance accepting competitive bids and awarding an
initial two year contract with the option to extend for three (3) additional one (1)
year periods for the purchase of parlc land maintenance products for the City of
Denton Parlcs Department; providing for the expendit�ire of funds therefor; and
providing an effective date (Bid 4925-Two Year Contract for Parlc Land
Maintenance Products awarded to the lowest responsible bidder for each item as
shown on Exhibit A for an annual estimated expenditure of $65,000 and a five
year estimated total of $325,000).
Ordinance No. 2012-260
H. Consider adoption of an ordinance accepting competitive bids and awarding an
initial two year contract with the option to extend for three (3) additional one
(1) year periods for the purchase of irrigation parts and supplies for the City of
Denton Parlcs Department; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4928-Two Year Contract for Irrigation Parts
and Supplies awarded to the overall lowest responsible bidder meeting
specification, Longhorn, Inc., for an annual estimated expenditure of $50,000
and a five year estimated total of $250,000).
Ordinance No. 2012-261
L Consider adoption of an ordinance accepting competitive bids and awarding a
best value, initial three (3) year contract, with the option to extend for two (2)
additional one (1) year periods, for asphalt and concrete street sections and
repair services for the City of Denton Street Department; providing for the
expenditure of funds therefor; and providing an effective date (Bid 4974-
awarded to Jagoe-Public Co. in the annual estimated expenditure of $1,500,000
and a five year estimated total of $7,500,000).
Ordinance No. 2012-262
J. Consider adoption of an ordinance finding that a public use and necessity
exists to acquire fee simple to a 5.140 acre tract, lcnown as Lot 1, Blocic A, of
Mayhill Road Addition, an Addition to the extraterritorial Jurisdiction of the
City of Denton, Denton County, Texas, according to the Plat thereof recorded
in Cabinet Y, Page 761, Plat Records of Denton County, Texas, located in the
City of Denton City Council Minutes
October 2, 2012
Page 6
City of Denton and generally in the 650 blocic of South Mayhill Road (the
"Property Interests"), for the public use of expanding and improving the City
of Denton Landfill, a permitted municipal solid waste disposal facility;
authorizing the City Manager or his designee to malce an offer to (1) Unified
Aircraft Service, Inc. (the "Owner"); (2) successors in interest to the Owner to
the Property Interests; or (3) any other owners of the Property Interests, as
may be applicable, to purchase the Property Interests for the purchase price of
Two Million Five Hundred Thousand Dollars and No Cents ($2,500,000.00),
as prescribed in the Contract of Sale (the "Agreement"), as attached to the
ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure
of funds therefor; authorizing relocation expenditures; and providing an
effective date.
Ordinance No. 2012-264
K. Consider adoption of an ordinance finding that a public use and necessity
exists to acquire fee simple to a 2.124 acre tract, located in the Gideon Wallcer
Survey, Abstract No. 1330, in the City of Denton, Denton County, Texas,
being more particularly described on Exhibit "A", attached to the ordinance
and made a part thereof, and located generally on South Mayhill Road, north
of Gayla Drive (the "Property Interests"), for the public use of expanding and
improving the City of Denton Landfill, a pernutted municipal solid waste
disposal facility; authorizing the City Manager or his designee to malce an
offer to (1) Weldon Wilson and wife, Terri Wilson (collectively, the
"Owner"); (2) successors in interest to the Owner to the Property Interests; or
(3) any other owners of the Property Interests, as may be applicable, to
purchase the Property Interests for the purchase price of Eighty Eight
Thousand Seven Hundred Fifty One Dollars and No Cents ($88,751.00), as
prescribed in the Contract of Sale (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.
Ordinance No. 2012-264
L. Consider adoption of an ordinance finding that a public use and necessity
exists to acquire fee simple to an approximate 2.486 acre tract located in the
T.M. Downing Survey, Abstract Number 346, in the City of Denton, Denton
County, Texas as more particularly described on Exhibit "A", attached to the
ordinance and made a part thereof, located generally along the south side of
East McKinney Street, approximately 0.3 miles east of Woodrow Lane (the
"Property Interests"), for the public use of expanding and improving the
Denton Municipal Electric distribution and transnussion system; authorizing
the City Manager or his designee to malce an offer to (1) Gerard Roland Vela
and wife, Emma Lamar Vela (collectively the "Owner"); (2) successors in
interest to the Owner to the Property Interests; or (3) any other owners of the
Property Interests, as may be applicable, to purchase the Property Interests
for the purchase price of Two Hundred Eighty Six Thousand Four Hundred
Eighty Nine Dollars and No Cents ($286,489.00), and other considerations as
prescribed in the Contract of Sale (the "Agreement"), as attached to the
ordinance and made a part thereof as Exhibit "B"; authorizing the
City of Denton City Council Minutes
October 2, 2012
Page 7
expenditure of funds therefor; and providing an effective date. (691cV
Transnussion Line Re-build Project)
A�proved the minutes listed below
M Consider approval of the minutes of:
ALIgLIStZl, ZOIZ
ALIgLISt Z%, ZOIZ
ALIgLISt ZH, ZOIZ
September 5, 2012
Resolution No. R2012-034
N. Consider approval of a resolution of the City Council of the City of Denton,
Texas, accepting for filing a petition for the creation of Rayzor Ranch
Public Improvement District No. 1; ordering a public hearing to consider the
creation of the District; authorizing and directing the publication and
mailing of notices of the public hearing as required by law; and providing
for an immediate effective date.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider nominations/appointments to the City's Boards & Comnussions:
1. Health & Building Standards Comnussion
2. Human Services Advisory Comnuttee
3. Parks, Recreation and Beautification Board
4. Public Art Committee
Mayor Burroughs noted that there were no nonunations for consideration at this meeting.
5. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Nell Yeldell regarding prescription medications for her disabled son.
Ms. Yeldell was not at the meeting.
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
upcoming meeting
AND
City of Denton City Council Minutes
October 2, 2012
Page 8
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 upcoming 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.
Council did not have any items.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 6:50 p.m.
MARK A. BLJRROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE: October 16, 2012
DEPARTMENT: Finance
�-��-
ACM: Bryan Langley
SUBJECT
Consider approval of a resolution reviewing and adopting revisions to the Investment Policy
regarding funds for the City of Denton; and providing an effective date.
BACKGROUND
Staff recently presented the City's revised Investment Policy to the Audit/Finance Committee
and City Council on August 7, 2012 and September 9, 2012, respectively. Since that time,
Denton Municipal Electric (DME) has been required to post $250,000 as cash collateral with the
Electric Reliability Council of Texas (ERCOT), which may be applied towards activity related
to congestion revenue rights. ERCOT invests this money in U.S. Treasury money marlcet
mutual funds (MMMFs) as stipulated by their investment policy. The fund companies are
recognized industry leaders and their MMMFs invest exclusively in U.S. Treasury securities and
repurchase agreements baciced by U.S. Treasuries. These securities represent the safest part of
the fixed income marlcet.
Currently, the City's Investment Policy contains a clause concerning NIMMFs that is more
restrictive than the Public Funds Investment Act. The clause requires that all funds maintain a
AAA rating by at least one nationally recognized rating service. Staff would lilce to remove this
requirement for MMMFs that invest exclusively in U.S. government securities (U.S. Treasuries
and agencies) or a combination of U.S. government securities and repurchase agreements
backed by U. S. government securities. If this change is approved, this will then accommodate
the need for DME to post their security deposit with ERCOT. It is not unusual for fund
companies to avoid the extra cost of a rating from entities, such as Standard and Poor's (S&P) or
Moody's, when the investments consist solely of government securities. Please see pages 2, 5,
and 10 of the Investment Policy for a summary of the relevant changes that are recommended.
The other modifications to the City's Investment Policy are minor in nature and stem from the
latest Federal Open Marlcet Committee (FOMC) September 13 statement which indicated that
economic conditions would probably warrant exceptionally low levels of interest rates through
at least mid-2015 and that monetary stimulus will remain appropriate for a"considerable time"
after growth strengthens. In light of this statement, the revisions include lengthening maximum
maturities from two to three years for Texas municipal securities, obligations unconditionally
guaranteed by the State of Texas, and fully insured or collateralized Certificates of Deposit. The
overall portfolio WAM will remain the same, i.e., not to exceed 1.5 years or 550 days to
maintain required liquidity. Please see pages 8 and 9 of the Investment Policy for a summary of
the relevant changes that are recommended.
Agenda Information Sheet
October 16, 2012
Page 2
First Southwest Asset Management, Inc., the City's investment advisor, and the staff-composed
Investment Committee have reviewed and approved the revised Investment Policy.
As a separate action item, the City Council will be aslced to approve an ordinance authorizing
the City Manager to place a security deposit with ERCOT. Due to the required timeline
associated with this action, staff will present the Investment Policy revisions to the
Audit/Finance Committee prior to the City Council meeting on October 16, 2012. If any
changes are recommended, staff will advise the City Council prior to their consideration of this
item.
RECOMMENDATION
Staff recommends approval of Investment Policy 403.06 with the proposed changes.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On September 9, 2012, the City Council approved Resolution No. R2012-025 revising the
Investment Policy.
EXHIBITS
Red-line version of Investment Policy
Resolution
Respectfully submitted:
_.
�;; `� (� �,..__
�� ,,.
Antonio Puente, Jr.
Assistant Director of Finance
CITY OF DENTON
Page 1 of 16
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION: FINANCE POLICIES REFERENCE NUMBER:
�03.06
1NITIAL EFFECTIVE DATE:
sUF3.rECT: INVESTMENTS 02/17/87
TITLE: 1NVESTMENT POLICY REVISION DATE:
io-i�-iz ��
I. PURPOSE
It is the objective of the Cit�T of Denton to invest public funds in a manner ���hich ���ill provide
maiimum securit�T and the best commensurate �Tield ���hile meeting the dail�T cash flo��� demands of
the CittT and conforming to all federal, state, and local statutes, rules, and regulations governing the
investment of public funds. This Polic�T serves to satisfiT the statutonT requirements of defining
and aclopting a formal investment polic�T. The Polic�T and investment strategies shall be revie���ed
annuall�T b�T the Audit/Finance Committee and Cit�T Council ���ho ���ill formall�T approve an�T
modifications. This Investment Polic�T, as approved, is in compliance ���ith the provisions of the
Public Funds Investment Act of Tei. Gov't. Code Chapter 2256.
IL SCOPE
A. This Investment Polic�T applies to the investment activities of the Cit�T of Denton, Teias. The
specific funds cited hereafter in Section IID, shall be eicluded from this Investment Polic�T.
All fmancial assets of all funds, including the General Fund and an�T other accounts of the
Cit�T not specificall�T eicluded in these polic�T guidelines are included. These funds are
accounted for in the Cit�T's Comprehensive Annual Financial Report (CAFR). These funds,
as ��� ell as others that ma�T be created from time-to-time, shall be aclministered in accordance
���ith the provisions of this Polic�T. All funds ���ill be pooled for investment purposes eicept
for those listed under IIC.
In addition to this Polic�T, the investment of bond proceeds and other bond funds (including
debt service and reserve funds) shall be governed and controlled b�T their governing
ordinance and b�T the provisions of the Tai Reform Act of 1986, including all regulations
and rulings promulgated there under applicable to the issuance of tai-eiempt obligations.
B. Funds covered b�T this Polic�T and managed as a pooled fund group:
General Fund - used to account for resources traclitionall�T associated ���ith government,
���hich are not required to be accounted for in another fund.
2. Special Revenue Funds — used to account for the proceeds from specific revenue
sources ���hich are restricted or committed to eipenditures for specific purposes other
than debt service or capital projects.
Debt Service Fund used to account for resources to be used for the pa�Tment of
principal, interest and related costs on general obligation debt.
4. Capital Project Funds — used to account for resources to enable the acquisition or
construction of major capital facilities ���hich are not fmanced b�T enterprise funds,
internal service funds, or trust funds.
Page 2 of 16
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
TITLE: 1NVESTMENT POLICY REFERENCE NUMBER:
�03.06
Enterprise Funds — used to account for operations that are financed and operated in a
manner similar to private business enterprises.
6. Internal Service Funds — used to account for the cost of providing goods or services
bet���een Cit�T departments.
7. Trust and Agenc�T Funds — used to account for assets held b�T the Cit�T in a trustee
capacit�T or as an agent for individuals, private organizations, other governments, andlor
other funds.
Bond Reserve Funds — funds set at prescribed levels b�T certain bond ordinances to
pa�T principal and/or interest if required to prevent default.
9. Ne��� funds available for investment b�T the Cit�T, such as(but not limited to) resources
associated ���ith Public Improvement Districts or Tai Increment Financing zones,
unless specificall�T eicluded herein.
C. Funds covered b�T this Polic�T and managed as separatel�T invested assets:
Bond Funds — funds established ���ith the proceeds from specific bond issues ���hen it is
determined that segregating these funds from the pooled funds' portfolio ���ill result in
maiimum interest earning retention under the provisions of the Tai Reform Act of
1986.
2. Endo���ment Funds — funds given to the CittT ���ith the instructions that the principal is
to remain intact, unless othen��ise agreed to, and the income generated b�T the
investments ���ill be used for specified purposes.
Trust,� Escro���ed Funds c�; Sectar�i� I7eposiis — funds held outside the Cit�T b�T a trust,
e� escro��� agent, or� oiller� e��riii� but belonging to the Cit�T.
D. This Polic�T shall not govern funds, ���hich are managed under separate investment programs
in accordance ���ith the Tei. Gov't. Code Sec. 2256.004. Such programs currentl�T include
all funds related to emplo�Tee retirement programs, other funds established b�T the Cit�T for
deferred emplo�Tee compensation, and certain private donations. The Cit�T shall and ���ill
maintain responsibilit�T for these funds to the eitent required b�T federal and state la���, the
Cit�T Charter, and donor stipulations. This Polic�T also does not appl�T to monies held in
escro��� to retire bonds ���hich are subject to defeasance requirements stated under their
respective bond ordinances.
IIL INVESTMENT OBJECTIVES & STRATEGIES
It is the polic�T of the CittT that, giving due regard to the safet�T and rislc of investments, all
available funds shall be invested in conformance ���ith state and federal regulations,
applicable bond ordinance requirements, aclopted Investment Polic�T and investment strategies.
In accordance ���ith the Public Funds Investment Act, the follo���ing prioritized objectives (in order
of importance) in accordance ���ith the Tei. Gov't. Code Sec. 2256.005(d) appl�T for each of the
Cit�T's investment strategies.
Page 3 of 16
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
TITLE: 1NVESTMENT POLICY REFERENCE NUMBER:
�03.06
A. ,Sizitability — Understanding the suitabilit�T of the investment to the financial requirements of
the Cit�T is important. An�T investment eligible in the Investment Polic�T is suitable for all
Cit�T funds.
B. ,Safety — Preservation and safettT of principal are the primanT objectives of the Investment
Polic�T. All investments ���ill be in high qualittT securities ���ith no perceived default rislc.
C. Liqczidity — The Cit�T's investment portfolio ���ill remain suff�icientl�T liquid to meet operating
requirements that might be reasonabl�T anticipated. Liquidit�T shall be achieved b�T matching
investment maturities ���ith forecasted cash flo��� requirements and b�T investing in securities
���ith active secondanT marlcets. Short-term investment pools and mone�T marlcet mutual
funds provide dail�T liquidit�T and ma�T be utilized as a competitive investment alternative to
fiied income instruments.
D. Marketability — Securities ���ith active and eff�icient secondanT marlcets are necessanT in the
event of an unanticipated cash requirement. Historical marlcet "spreacls" bet��� een the bid
and offer prices of a particular securit�T t�-pe of less than a quarter of a percentage point shall
define an eff�icient secondanT marlcet.
E. Diversification — Investment maturities shall be staggered to provide cash flo��� based on the
anticipated needs of the Cit�T. DiversifiTing the appropriate maturittT structure ���ill reduce
marlcet c�Tcle rislc.
F. Yield — Attaining a competitive marlcet �Tield, commensurate ���ith the Cit�T's investment rislc
constraints and the cash flo��� characteristics of the portfolio, is the desired objective. The
goal of the Cit�T's investment portfolio is to regularl�T meet or eiceed the average rate of
return on U.S. TreasunT bills at a maturit�T level comparable to the portfolio's ���eighted
average maturit�T in da�Ts. The �Tield of an equall�T ���eighted, rolling t���elve month moving
average of a one �Tear U.S. TreasunT bill portfolio shall be the minimum �Tield objective or
"benchmarlc". One �Tear U.S. TreasunT bill information is derived from the Federal Reserve
Statistical Release H.15 for constant maturities. A secondanT objective ���ill be to obtain a
�Tield equal to or in eicess of a local government investment pool or mone�T marlcet mutual
fund.
The first measure of success in this area ���ill be the attainment of enough income to offset
inflationanT increases. Although steps ���ill be talcen to obtain this goal, the Cit�T's staff ���ill
follo��� the "Prudent Person" statement relating to the standard of care that must be eiercised
���hen investing public funds as eipressed in the Tei. Gov't. Code Sec. 2256.006(a-b). The
Investment Officers shall avoid an�T transactions that might impair public confidence in the
Cit�T's abilittT to govern effectivel�T. The governing bod�T recognizes that in aclequatel�T
diversifiTing the maturittT structure ���ithin the portfolio to meet the CittT's eipenditure needs,
occasional measured unrealized losses due to marlcet volatilittT and rising interest rates are
inevitable, and must be considered ���ithin the conteit of the overall portfolio's investment
return. The prudence of the investment decisions shall be measured in accordance ���ith the
tests set forth in the Tei. Gov't. Code Sec. 2256.006(b).
IV. INVESTMENT STRATEGY FOR SPECIFIC FUND GROUPS
In order to better diversifiT, maiimize interest earnings and othen��ise meet stated objectives, fund
groups ma�T be combined into one or more internal investment pools. Although fund monies ma�T be
combined into a single asset portfolio, proportional fund o��nership ���ill be accounted for
Page � of 16
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
TITLE: 1NVESTMENT POLICY REFERENCE NUMBER:
�03.06
separatel�T. The Cit�T maintains separate portfolios for some individual funds or groups of funds (as
listed under Section II) that are managed in accordance ���ith the terms of this Polic�T and b�T the
corresponding investment strategies listed belo��� .
A. Investment Pool ,Strategy — The Cit�T's Investment Pool is an aggregation of the majorit�T of
Cit�T funds ���hich includes tai receipts, enterprise fund revenues, fine and fee revenues,
reserve funds for outstanding utilittT s�Tstem revenue bonds, as ���ell as some, but not
necessaril�T all, bond proceeds, grants, gifts and endo���ments. This portfolio is maintained to
meet anticipated dail�T cash needs for the CittT's operations, capital projects and debt service.
In order to ensure the abilittT of the CittT to meet obligations and to minimize potential
liquidation losses, the dollar-���eighted average stated maturit�T of the investment pool shall
not eiceed 1.5 �Tears or 550 da�Ts. The objectives of this portfolio are to:
Ensure safet�T of principal b�T investing in onl�T high qualit�T securities for ���hich a
strong secondanT marlcet eiists.
2. Ensure that anticipated cash flo��� needs are matched ���ith aclequate investment
liquidit�T.
3. Limit market and credit risk through diversification.
4. Attain the best feasible �Tield commensurate ���ith the objectives and restrictions set
forth in this Polic�T b�T activel�T managing the portfolio to meet or eiceed the t��� elve
month moving average �Tield on a one �Tear U.S. TreasunT bill as derived from the
Federal Reserve Statistical Release H.15 for constant maturities.
B. Bond Fiznds ,Strategy - Occasionall�T, separate non-pooled portfolios are established ���ith
the proceeds from bond sales in order to maiimize earnings ���ithin the constraints of
arbitrage regulations. The objectives of the portfolios are to:
Ensure safet�T of principal b�T investing in onl�T high qualit�T securities for ���hich a
strong secondanT marlcet eiists.
2. Ensure that anticipated cash flo��� needs are matched ���ith aclequate investment
liquidittT.
Limit market and credit risk through diversification.
4. Attain the best feasible �Tield commensurate ���ith the objectives and restrictions set
forth in this Polic�T and the bond ordinance b�T activel�T managing the portfolio to meet
or eiceed the bond �Tield.
C. Endowment Fiznd ,Strategy - Funds received as gifts to the Cit�T ���ith instructions that the
income generated b�T the investment of said funds be used for specified purposes are invested
as separate non-pooled portfolios in order to maiimize return. The objectives of the
portfolios are to:
Ensure safet�T of principal b�T investing in onl�T high qualit�T securities for ���hich a
strong secondanT marlcet eiists.
Page 5 of 16
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
TITLE: 1NVESTMENT POLICY REFERENCE NUMBER:
�03.06
2. Ensure that anticipated cash flo��� needs are matched ���ith aclequate investment
liquidittT.
Limit market and credit risk through diversification.
4. Attain the best feasible �Tield commensurate ���ith the objectives and restrictions set
forth in this Polic�T.
D. Trizst�r Escrowed Fiznds c� .Secz�rrt�� De�o,s�rt,Strategy - Funds that are held outside the
Cit�T b�T a trust,� escro��� agent, or� �s � sectar�ii�
c�eposii, but belonging to the CittT are governed b�T their
respective trust,� escro���, or� sectar�ii� c�eposii agreement and are
subject to the provisions of this Polic�T. -The objectives
of the portfolios are to:
Ensure safet�T of principal b�T investing in onl�T high qualit�T securities for ���hich a
strong secondanT marlcet eiists.
2. Ensure that anticipated cash flo��� needs are matched ���ith aclequate investment
liquidittT.
Limit market and credit risk through diversification.
4. Attain the best feasible �Tield commensurate ���ith the objectives and restrictions set
forth in this Polic�T and the trust,�escro���, or sectar�ii� c�eposii agreement.
V. INVESTMENT COMMITTEE
Members — The Investment Committee ���ill consist of the CittT Manager, Assistant Cit�T Manager
for Finance, Assistant Cit�T Manager for Utilities, Chief Financial Officer, CittT Controller, Assistant
Director of Finance, TreasunT Administrator, and the Cit�T's investment advisor. The investment
aclvisor is a non-voting member. When needed, the Cit�T Attorne�T ���ill act as a legal aclvisor to the
Investment Committee.
,Scope — The Investment Committee shall meet at least quarterl�T to determine general strategies,
investment guidelines and to monitor results. Included in its deliberations ���ill be such topics as:
economic outloolc, portfolio diversification, maturit�T structure, potential rislc to the Cit�T's funds,
authorized brolcer/dealers (if applicable) and depositonT institutions, as ���ell as the target rate of
return on the investment portfolio.
Procedizres - The Investment Committee shall provide meeting summations to all members. An�T
t���o members of the Investment Committee ma�T request a special meeting, and four members shall
constitute a quorum. The Investment Committee shall establish its o��n rules of procedures.
VL RESPONSIBILITY AND STANDARD OF CARE
A. Delegation & Training — The management responsibilittT for the investment program is
delegated to the Chief Financial Officer. The primanT individual ���ho shall be involved in
investment activities ���ill be his designee. The designee ma�T delegate the da�T to da�T
activities to a responsible individual(s) ���ho has received the appropriate training required b�T
state statute. The Chief Financial Off�icer and department designees ���ill use this Polic�T as
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the primanT guideline for the CittT's investment program, procedures, and internal control
issues. The Assistant Cit�T Manager ���ho oversees fmancial operations and the Chief
Financial Officer are designated as the Investment Officers, pursuant to Tei Gov't. Code
Sec. 2256.005(fl. Accordingl�T, the Investment Off�icers and persons authorized to eiecute
investment transactions shall attend at least one training session relating to their
responsibilities under the Public Funds Investment Act ���ithin 12 months after assuming
duties and receive no less than 10 hours of instruction relating to investment functions evenT
t��� o�Tear period that begins on the first da�T of the fiscal �Tear and consists of the t��� o
consecutive fiscal �Tears after that date. The training must include education in investment
controls, securit�T rislcs, strateg�T rislcs, marlcet rislcs, and compliance ���ith the Public Funds
Investment Act. The investment training session shall be provided b�T an independent source
approved b�T the Investment Committee. For purposes of this polic�T, an "independent
source" from ���hich investment training shall be obtained shall include a professional
organization, an institute of higher learning or an�T other sponsor other than a business
organization ���ith ���hom the Cit�T ma�T engage in an investment transaction. Thus, these
independent sources ���ill be training sessions sponsored, accredited or endorsed b�T the
Government Treasurers Organization of Teias (GTOT), Center For Public Management at
the Universit�T of North Teias (LTNT), Government Finance Officers Association of Teias
(GFOAT), Teias Municipal League (TML), North Central Teias Council of Governments
(NCTCOG), Association of Public Treasurers United States & Canacla (APT US & C), and
Government Finance Officers' Association (GFOA).
No persons ma�T engage in investment transactions eicept as provided under the terms of this
Polic�T. The Assistant Cit�T Manager shall require an annual compliance revie��� b�T an
eiternal auditor that ���ill consist of an audit of management controls on investments,
adherence to the Cit�T's Investment Polic�T and a revie��� of the quarterl�T investment reports.
The revie���s ���ill provide internal control b�T assuring compliance ���ith policies and
procedures. The Assistant CittT Manager, Chief Financial Off�icer, Ma�Tor, Cit�T Council,
Cit�T Manager and other Finance Department emplo�Tees shall be personall�T indemnified in
the event of investment loss provided the Investment Polic�T has been follo��� ed.
B. Conflicts oflnterest— All participants in the investment process shall seelc to act responsibl�T
as custodians of public assets. Off�icers and emplo�Tees involved in the investment process
shall refrain from personal business activit�T that could conflict ���ith proper eiecution of the
investment program, or ���hich could impair their abilit�T to malce impartial investment
decisions.
C. Disclosczre — An�Tone involved in investing Cit�T funds shall file ���ith the Investment
Committee a statement disclosing an�T personal business relationship ���ith a business
organization offering to engage in investment transactions ���ith the Cit�T or is related ���ithin
the second degree b�T affinit�T or consanguinittT as determined under the Tei. Gov't. Code Ch.
573, to an individual seelcing to transact investment business ���ith the Cit�T. A disclosure
statement must also be filed ���ith the Teias Ethics Commission and the Cit�T Council. An
Investment Off�icer or other emplo�Tee has a personal business relationship ���ith a business
organization if an�T one of the follo���ing three conditions are met:
The Investment Off�icer or emplo�Tee o��ns 10% or more of the voting stocic or shares
of the business organization or o��ns $5,000 or more of the fair marlcet value of the
business organization.
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2. Funds received b�T the Investment Officer or emplo�Tee from the business
organization eiceed 10% of the investment officers gross income for the prior �Tear.
The Investment Officer or emplo�Tee has acquired from the business organization
during the prior �Tear investments ���ith a boolc value of $2,500 or more for their
personal account.
D. Prizdence — The standard of prudence to be used b�T the investment off�icials shall be the
"Prudent Person Rule", as set forth in Tei. Gov't. Code Sec. 2256.006, and ���ill be applied
in the conteit of managing an overall portfolio: "Investments shall be macle ���ith judgment
and care under prevailing circumstances, that a person of prudence, discretion and
intelligence ���ould eiercise in the management of the person's o��n affairs, not for
speculation, but for investment, considering the probable safet�T of their capital as ��� ell as the
probable income to be derived."
Investment off�icials acting in accordance ���ith the Investment Polic�T and eiercising due
diligence shall be relieved of personal responsibilities for an individual securittT's credit rislc
or marlcet price change, provided deviations from eipectations are reported in a timel�T
fashion and appropriate action is talcen to control aclverse developments. In determining
���hether an investment off�icial has eiercised prudence ���ith respect to an investment
decision, the determination shall be made talcing into consideration the investment of all
funds over ���hich the official had responsibilit�T rather than consideration as to the prudence
of a single investment and ���hether the investment decision ���as consistent ���ith the Cit�T's
Investment Polic�T.
E. Reporting
Qizarterly — Not less than quarterl�T, the Chief Financial Officer shall submit to the Cit�T
Manager, Ma�Tor and CittT Council a ���ritten report of the CittT's investment transactions
���ithin one hundred t���ent�T (120) da�Ts of the preceding reporting period. The report shall: 1)
describe in detail the investment position of the Cit�T as of the end of the reporting period, 2)
be prepared jointl�T b�T all Investment Off�icers, 3) be signed b�T each Investment Officer, 4)
contain a summanT statement, prepared in compliance ���ith generall�T accepted accounting
principles, of each pooled fund group including a) beginning marlcet value for the reporting
period; b) aclditions and changes to the marlcet value during the period; c) ending marlcet
value for the period; and d) full�T accrued interest for the reporting period, 5) state the boolc
value and marlcet value of each separatel�T invested asset at the beginning and end of the
reporting period b�T t�-pe of asset and fund ttTpe invested, 6) state the maturit�T date of each
separatel�T invested asset that has a maturittT date, 7) state the account or fund or pooled fund
group for ���hich each individual investment ���as acquired, and 8) state the compliance of the
investment portfolio as it relates to the investment strateg�T eipressed in the Investment
Polic�T and ���ith relevant provisions of the Tei. Gov't. Code Ch. 2256.
Annizally - The Cit�T Council shall revie��� and approve the Investment Polic�T and investment
strategies at least annuall�T and be documented b�T rule, order, ordinance or resolution ���hich
shall include an�T changes macle.
Compliance Aizdit — The Cit�T's ezternal independent auditor ���ill conduct an annual revie���
of the quarterl�T reports in conjunction ���ith the annual financial audit. The results of the
audit ���ill be reported to CittT CounciL The audit ���ill also revie��� compliance ���ith
management controls on investments and adherence to this Polic�T.
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F. The guidelines of retaining records for seven �Tears as recommended in the Texas ,State
Library Miznicipal Records Manizal should be follo���ed ���ith respect to the investment of
funds other than bond proceeds. Since the Cit�T manages the majorittT of its investments,
including bond funds, using an internal pool consisting of combined fund groups, records
shall be retained in accordance ���ith the Administrative Polic�T No. 403.07 "Debt Service
Management". The Chief Financial Officer shall oversee the filing andlor storing of
investment records.
G. Marlcet prices for all public fund investments ���ill be obtained and monitored through the use
of Interactive Data Inc., an on-line data service or a similar qualified successor agenc�T.
VIL SUITABLE AND AUTHORIZED INVESTMENT SECURITIES
A. Active Portfolio Management — The Cit�T intends to pursue an active versus a passive
investment management philosoph�T. That is, securities ma�T be sold before the�T mature if
marlcet conditions present an opportunittT for the Cit�T to benefit from the trade. (Refer to
Section VIII of this Polic�T.) In addition, the Investment Off�icers ma�T at times restrict or
prohibit the purchase of specific t�-pes of investments or issuers due to current marlcet
conditions.
The Cit�T shall talce all prudent measures consistent ���ith this Investment Polic�T to liquidate
an investment that no longer meets the required minimum rating standards, as per the Tez.
Gov't. Code Sec. 2256.021. Ho���ever, if it is determined b�T the Investment Committee that
the Cit�T ���ould benefit from holding the securities to maturittT to recapture its initial
investment then the Investment Off�icers ma�T act accordingl�T. The Cit�T is not required to
liquidate investments that ��� ere authorized investments at the time of purchase. (Tei. Gov't.
Code Sec. 2256.017)
B. Aizthorized Investments — Cit�T funds governed b�T this Polic�T ma�T be invested in the
instruments described belo���, all of ���hich are authorized b�T the Public Funds Investment
Act.
Direct obligations of the United States of America, its agencies and instrumentalities
(maturing in less than five �Tears).
2. Other obligations, the principal and interest of ���hich are unconditionall�T guaranteed
or insured b�T, or baciced b�T the full faith and credit of, the United States of America,
or an�T obligation full�T guaranteed or insured b�T the Federal Deposit Insurance
Corporation (maturing in less than five �Tears).
Direct obligations of the State of Teias or its agencies thereof, Counties, Cities and
other political subdivisions rated as to investment qualit�T b�T a nationall�T recognized
investment rating firm not less than AA or its equivalent (maturing in less than
�eil�r�ee � ears).
4. Other obligations , the principal and interest of ���hich are unconditionall�T guaranteed
or insured b�T, or baciced b�T the full faith and credit of, the State of Teias, rated as to
investment qualit�T b�T a nationall�T recognized investment rating firm not less than AA
or its equivalent (maturing in less than t�eillr�ee �Tears).
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Full�T insured or collateralized certificates of deposit/share certificates issued b�T state
and national banlcs or savings banlc or a state or federal credit union (having its main
or branch office in Teias) guaranteed or insured b�T the Federal Deposit Insurance
Corporation or its successor or the National Credit Union Share Insurance Fund or its
successor; and secured b�T obligations in accordance ���ith Section XII herein (maturing
in less than t�eillr�ee �Tears).
In acldition to the CittT's authorittT to invest funds in certificates of deposit and share
certif�icates stated above, an investment in certif�icates of deposit macle in accordance
���ith the follo���ing conditions is an authorized investment under Tei. Govt. Code Sec.
2256.010 (b): (1) the funds are invested b�T the CittT through a clearing brolcer
registered ���ith the Securities and Eichange Commission (SEC) and operating
pursuant to SEC rule 15c3-3 (17 C.F.R. Section 240.15c3-3) ���ith its main off�ice or
branch office in Teias and selected from a list adopted b�T the Investment Committee
as required b�T Section 2256.025; or a depositonT institution that has its main office or
a branch office in this state and that is selected b�T the Investment Committee; (2) the
selected brolcer or depositonT institution arranges for the deposit of the funds in
certif�icates of deposit in one or more federall�T insured depositonT institutions,
���herever located for the account of the Cit�T; (3) the full amount of the principal and
accrued interest of each of the certif�icates of deposit is insured b�T the United States or
an instrumentalit�T of the United States; (4) the selected brolcer or depositonT
institution acts as custodian for the Cit�T ���ith respect to the certificates of deposit
issued for the account of the Cit�T.
6. Full�T collateralized repurchase agreements provided the Cit�T has on file a signed
Master Repurchase Agreement, approved b�T the CittT Attorne�T, ��� hich details eligible
collateral, collateralizations ratios, standards for collateral custod�T and control,
collateral valuation, and conditions for agreement termination. The repurchase
agreement must have a defined termination date and be secured b�T obligations in
accordance ���ith Section XII of this Polic�T. It is required that the securities purchased
b�T the CittT be assigned to the Cit�T, held in the CittT's name and deposited at the time
the investment is made ���ith the Cit�T or ���ith a third part�T selected and approved b�T
the Cit�T. Repurchase agreements must be purchased through a primanT government
securities dealer, as defined b�T the Federal Reserve or a fmancial institution doing
business in this State (termination date must be 30 da�Ts or less). An eiception to the
30 da�Ts or less termination date ma�T be macle ���ith respect to bond proceeds. The CittT
ma�T specificall�T authorize in the bond ordinance investments in repurchase
agreements, such as a fleiible repurchase agreement, ���ith maturities in eicess of 30
da�Ts subject to an�T required approvals from bond insurers.
7. Commercial paper that has a stated maturittT of 270 da�Ts or less from the date of
issuance and is rated A-1 or P-1 or an equivalent rating b�T at least t���o nationall�T
recognized rating agencies.
Public (local) fund investment pools ���ith a dollar ���eighted average maturit�T of 60
da�Ts or less. The pool must be approved through resolution b�T the Cit�T Council to
provide services to the Cit�T and be continuousl�T rated no lo���er than Aaa or AAAm or
at an equivalent rating b�T at least one nationall�T recognized rating service. A public
funds investment pool created to function as a mone�T marlcet mutual fund must marlc
to marlcet dail�T and stabilize at a$1 net asset value. The Cit�T ma�T not invest an
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
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Page 10 of 16
REFERENCE NUMBER:
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amount that eiceeds 10 percent of the total assets of an�T one local government
investment pool.
To be eligible to receive funds from and invest funds on behalf of the CittT, an
investment pool must furnish to the Investment Officer or other authorized
representative an offering circular or other similar disclosure instrument that contains
information required b�T the Tei. Gov't. Code Sec. 2256.016. Investments ���ill be
macle in a local government investment pool onl�T after a thorough investigation of the
pool and approval b�T the Investment Committee ���hich shall at least annuall�T revie���,
revise and adopt the local government investment pool(s).
9. A Securities and Eichange Commission (SEC) registered, no loacl mone�T marlcet
mutual fund ���hich has a dollar ���eighted average stated maturit�T of 60 da�Ts or less
and ���hose investment objectives includes the maintenance of a stable net asset value
of $1 for each share. Furthermore, it must be rated not less than Aaa, AAAm or an
equivalent rating b�T at least one nationall�T recognized rating service. A r�iiy�r� �,�, i11 ��roi
b� r�ec�t�ir�eci ofrno��e� rn�ir�l�ei rnt�it���l f����cis il��ii i���esi esclt�si�e1� i�� TJ.S. �o�er-r�rne��i
sLCt�r�iiiLS c�r� �t cc�rnbir��tiic�r� c�f11.S. �c��Lr-r�rnLr�i sLCt�r�iiiLS �tyrci r�L}�t�r�cl��tsL �t�r�LLrnLr�is
b�cicec� b� iJ.S. �o��er-r�yne��ri sectas�iiies. �'The Cit�T must be provided ���ith a
prospectus and other information required b�T the SEC Act of 1934 or the Investment
Compan�T Act of 1940. 'I'91is c���r be stappliec� eiiller� il���ota�ll o�, ebsiie �ccess or� i��r 11���c�
cop� for-�n. The Cit�T ma�T not invest an amount that eiceeds 10 percent of the total
assets of an�T one fund. Investments ���ill be made in a mone�T marlcet mutual fund
onl�T after a thorough investigation of the fund and approval b�T the Investment
Committee ��� hich shall, at least annuall�T, revie��� , revise and aclopt the mone�T marlcet
mutual fund(s).
Prohibited Investments — The Cit�T's authorized investment options are more restrictive than
those allo��� ed b�T state la��� . Furthermore, this Polic�T specificall�T prohibits investment in the
securities listed belo��� :
2.
4
Obligations, ��hc
principal balance
principal.
�e pa�Tment represents the coupon pa�Tments on the outstanding
of the underl�Ting mortgage-backed securit�T collateral and pa�Ts no
Obligations ���hose pa�Tment represents the principal stream of cash flo��� from the
underl�Ting mortgage-baciced securit�T collateral and bears no interest.
All collateralized mortgage obligations.
Reverse repurchase agreements.
D. Diversification — It is the polic�T of the Cit�T to diversifiT its investment portfolios. The
diversification ���ill protect interest income from the volatilittT of interest rates and the
avoidance of undue concentration of assets in a specific maturit�T sector; therefore, portfolio
maturities shall be staggered. In establishing specific diversification strategies, the
follo���ing general policies and constraints shall appl�T:
Rislc of marlcet price volatilittT shall be controlled through maturittT diversification and
b�T controlling unacceptable maturit�T eitensions and a mismatch of liabilities and
assets. The maturit�T eitension ���ill be controlled b�T limiting the ���eighted average
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maturit�T of the internal investment pool portfolio to 550 da�Ts. All long-term
maturities ���ill be intended to cover long-term liabilities. In acldition, at least 5
percent of the funds in the investment pool portfolio ���ill be liquid at all times.
Investment pool liquidittT, ���hich consists of immediatel�T available funds, is defined as
shares in a local government investment pool and mone�T marlcet mutual fund, as ���ell
as banlc demand deposit balances. Although there is no maiimum defined portfolio
liquidittT position, it is the intent of this Polic�T to seelc out higher �Tielding alternative
investments in accordance ���ith the prioritized objectives of preservation and safet�T of
principal, meeting liquidit�T needs and �Tield enhancement as stated throughout the
Public Funds Investment Act.
2. The Investment Committee shall establish strategies and guidelines for the percentage
of the total portfolio that ma�T be invested in U.S. TreasunT securities, federal
agencies/instrumentalities, repurchase agreements, and insuredlcollateralized
certif�icates of deposit and other securities or obligations. The Investment Committee
shall conduct a quarterl�T revie��� of these guidelines, and shall evaluate the probabilit�T
of marlcet and default rislc in various investment sectors as part of its considerations.
Rislc of principal loss in the portfolio as a ���hole shall be minimized b�T diversifiTing
investment t�-pes according to the follo���ing limitations based on boolc values:
In>>estment Tvpe % ofl'ortf'olio
• U.S. Government TreasunT Notes/Bills & Obligations 100%
• U.S. Government Agencies & Instrumentalities 100%
• State of Teias Obligations, Agencies & Local Gov't. 15%
• Local Government Investment Pools 50%
• Repurchase Agreements 20%
• Certificates of Deposit (full�T insured or collateralized) 35%
• U.S. Mone�T Marlcet Mutual Fund 35%
• Callable U.S. Agencies/Instrumentalities 20%
• Commercial Paper 5%
B�T Institution:
Repurchase Agreements No more than 15%
Collateralized Certif�icates of Deposit No more than 15%
All Other (eicept U.S. Treasuries) No more than 35%
4. Purchases of securities ���ith stated maturities greater than the maiimum authorized
under Section VIIB require prior CittT Council approval.
VIIL SALE OF SECURITIES
The Cit�T's polic�T is to hold all securities to maturittT. Ho���ever, securities ma�T be sold to minimize
the potential loss of principal on a securit�T ���hose credit qualittT has declined, to s���ap into another
securit�T ���hich ���ould improve the qualit�-, �Tield or target duration of the portfolio or to meet
unanticipated liquidit�T needs. A horizon anal�Tsis is required for each s���ap proving benefit to the
Cit�T before the tracle decision is macle, and ���ill be held in the file for record lceeping.
IX. COMPETITIVE BIDDING
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It is the polic�T of the Cit�T to require competitive bidding for all individual securittT purchases and
sales, as ���ell as for certificates of deposit. Eiceptions include:
A. Transactions ���ith mone�T market mutual funds and local government investment pools
���hich are deemed to be made at prevailing marlcet rates.
B. TreasunT and agenc�T securities purchased as ne��� issues through an approved brolcer/dealer,
financial institution or investment advisor.
C. Automatic overnight "s���eep" transactions ���ith the Cit�T's depositonT banlc.
At least three bids or offers must be solicited for all other transactions involving individual
securities. The CittT's investment aclvisor is also required to solicit at least three bids or offers ���hen
transacting tracles on the Cit�T's behal£ In situations ���here the eiact securit�T is not offered b�T other
brolcer/dealers, offers on the closest comparable investment ma�T be used to establish a fair marlcet
price for the securittT. In the case of a certificate of deposit purchase, at least t���o other offers
should be solicited to provide a comparison. When fe���, if an�T, banlcs ���ish to participate then staff
ma�T use another authorized investment of similar maturit�T for evaluation purposes. The quotes ma�T
be accepted orall�T, in ���riting, electronicall�T, or an�T combination of these methods. The Investment
Committee ma�T approve eiceptions on a case b�T case basis or on a general basis in the form of
guidelines. These guidelines shall talce into consideration the investment t�-pe, maturit�T date,
amount and potential disruptiveness to the CittT's investment strateg�T.
X. ARBITRAGE
The Tai Reform Act of 1986 provided limitations restricting the Cit�T's investment of tai-eiempt
bond proceeds. Revised arbitrage rebate provisions require that the CittT compute earnings on
investment from each issue of bonds on an annual basis to determine if a rebate is required. To
determine the Cit�T's arbitrage position, the Cit�T is required to perform specif�ic calculations relative to
the actual �Tield earned on the investment of the funds and the �Tield that could have been earned if the
funds hacl been invested at a rate equal to the �Tield on the bonds sold b�T the Cit�T. The rebate
provision states that periodicall�T (not less than once evenT five �Tears, and not later than siit�T da�Ts
after maturit�T of the bonds), the Cit�T is required to pa�T the U.S. TreasunT a rebate of eicess earnings
based on the Cit�T's positive arbitrage position. The Tai Reform restrictions require precision in the
monitoring and recording facets of investments as a ���hole, and particularl�T as the�T relate to �Tields
and computations so as to insure compliance. Failure to compl�T ma�T dictate that the bonds become
taiable, retroactivel�T from the date of issuance
The Cit�T's investment position, relative to the revised arbitrage restrictions, is the continued pursuit
of maiimizing �Tield on applicable investments ���hile ensuring the safet�T of capital and liquidit�T. It is
fiscall�T prudent to continue the maiimization of �Tield and rebate eicess earnings, if necessanT.
XL SELECTION OF BANKS, BROKER/DEALERS AND INVESTMENT ADVISORS
A. Depository — CittT Council shall, b�T ordinance, "select and designate one or more banlcing
institutions as the depositonT for the monies and funds of the Cit�T" in accordance ���ith the
requirement of Tei. Loc. Gov't. Code Ch. 105. At least evenT five �Tears a depositonT shall
be selected through the Cit�T's banlcing services procurement process, ���hich shall include a
formal request for proposal (RFP). The selection of a depositonT ���ill be determined b�T a
competitive process and evaluated on the follo���ing criteria:
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Qualified as a depositonT for public funds in accordance ���ith state and local la��� s.
2. Provided requested information or fmancial statements for the periods specified.
Complied ���ith all requirements in the banlcing RFP.
4. Completed responses to all required items on the proposal form.
Offered lo���est net banlcing service cost, consistent ���ith the abilittT to provide an
appropriate level of service.
6. Met credit ���orthiness and financial standards.
B. Investment Broker�Dealers — If the CittT has not retained an investment advisor, then the
Investment Committee shall be responsible for aclopting the list of qualified brolcers/dealers
and financial institutions authorized to engage in investment transactions ���ith the Cit�T.
Authorized firms ma�T include primanT dealers or regional brolcer/dealers that qualifiT under
SEC Rule 15C3-1 (uniform net capital rule) and qualif�ied depositories as established b�T the
Tei. Loc. Gov't. Code Ch. 105. The Investment Committee shall base its evaluation of
securit�T broker/dealers and financial institutions upon:
Financial condition, strength and capabilit�T to fulfill commitments.
2. Overall reputation ���ith other brolcer/dealers or investors.
RegulatonT status of the brolcer/dealer.
4. Background and eipertise of the individual representatives.
Abilit�T to provide aclditional aclvisonT services.
The Investment Committee must annuall�T revie��� the list of qualified brolcer/dealers
authorized to engage in investment transactions ���ith the Cit�T. Investment Officers, or their
authorized representatives, shall not conduct business ���ith an�T firm ���ith ���hom public
entities have sustained realized losses on investments or ���hose name the Investment
Committee has removed from an approved list.
C. Investment Advisor — The Cit�T ma�T retain the services of an investment advisonT firm
registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or
���ith the State Securities Board to assist in the revie��� of cash flo��� requirements, the
formulation of investment strategies, and the eiecution of securit�T purchases, sales and
deliveries. The investment aclvisonT contract ���ith the Cit�T ma�T not be for a term longer than
t��� o�Tears and its rene��� al or eitension must be approved b�T the CittT Council b�T ordinance
or resolution as required b�T the Tei. Gov't. Code Sec2256.003(b).
D. Compliance — A qualified representative from an�T firm offering to engage in investment
transactions ���ith the Cit�T is required to sign a ���ritten instrument upon receiving and
revie���ing a cop�T of the Cit�T's Investment Polic�T. Investments shall onl�T be macle ���ith
those business organizations (including mone�T market mutual funds and local government
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investment pools) ���hich have provided the Cit�T ���ith this ���ritten instrument eiecuted b�T a
qualified representative of the firm, acicno���ledging that the business organization has:
Received and revie���ed the CiriT's Investment Polic�T.
2. Implemented reasonable procedures and controls in an effort to preclude investment
transactions conducted bet��� een the Cit�T and the organization that are not authorized
b�T the Cit�T's Investment Polic�T, eicept to the eitent that this authorization is
dependent on an anal�Tsis of the malceup of the Cit�T's entire portfolio or requires an
interpretation of subjective investment standards.
If the Cit�T has contracted ���ith an investment advisor, the aclvisor shall be responsible
for performing financial due diligence on the Cit�T's behal£ On an annual basis, the
aclvisor ���ill provide the CittT ���ith a list of its authorized brolcer/dealers, as ���ell as the
required ���ritten instrument described above.
XIL COLLATERALIZATION, SAFEKEEPING AND CUSTODY
A. Collateralization - The Cit�T requires that all uninsured collected balances plus accrued
interest, if an�T, in depositonT accounts be secured in accordance ���ith the requirements of
state la���. Financial institutions serving as Cit�T depositories ���ill be required to sign a
depositonT agreement ���ith the Cit�T ���hich details eligible collateral, collateralization ratios,
standards for collateral custod�T and control, collateral valuation, rights of substitution and
conditions for agreement termination.
The Cit�T requires that all securities purchased under the terms of a repurchase agreement be
assigned to the Cit�T in accordance ���ith state la���. Dealers and financial institutions ���ishing
to transact repurchase agreements ���ith the Cit�T ���ill be required to sign a Master Repurchase
Agreement ���hich details eligible collateral, collateralization ratios, standards for collateral
custod�T and control, collateral valuation, rights of substitution, and conditions for agreement
termination.
The Cit�T requires that all uninsured certif�icates of deposit plus accrued interest held ���ith a
depositonT be secured in accordance ���ith the requirements of state la���. Financial
institutions ���ill be required to sign a ���ritten depositonT and securittT agreement ���hich
stipulates eligible collateral, collateralization ratios, standards for collateral custod�T and
control, collateral valuation, rights of substitution, and conditions for agreement termination.
Collateral ���ill al���a�Ts be held b�T an independent third part�T ���ith ���hich the CittT has a
current custodial agreement and shall be revie��� ed at least monthl�T to ensure that the marlcet
value of the pledged securities is aclequate. All deposits and investments of Cit�T funds, other
than direct securit�T purchases, mone�T market mutual funds and local government investment
pools shall be secured b�T pledged collateral set at no less than 102 percent of the marlcet
value of the principal and accrued interest on the deposits or investments less an amount
insured b�T FDIC. Eligible collateral to secure the Cit�T's deposits include:
Direct obligations of the United States government.
2. Other obligations, the principal and interest of ���hich are unconditionall�T guaranteed
or insured b�T, or backed b�T the full faith and credit of, the United States government.
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Direct obligations of agencies or instrumentalities of the United States government,
including letters of credit.
4. Cash
The Cit�T ���ill reject adjustable rate mortgages (ARMs), collateralized mortgage obligations
(CMOs), step-ups, variable rate instruments (eicept U.S. TreasunT inflation protected
securities), or securities that are not found on common pricing s�Tstems.
B. ,Safekeeping and Cizstody — Safelceeping and custod�T of the Cit�T's investment securities shall
be in accordance ���ith state la���. All securit�T transactions, eicept local government
investment pool and mone�T market mutual fund transactions, shall be conducted on a
delivenT versus pa�Tment (DVP) basis. Investment securities ���ill be held b�T a third part�T
custodian designated b�T the CittT, and be required to issue safekeeping conf�irmation notices
clearl�T detailing that the securities are o��ned b�T the Cit�T.
Safelceeping and custod�T of collateral pledged to the Cit�T shall be in accordance ���ith state
la��� . Collateral ��� ill be held b�T a third part�T custodian designated b�T the CittT. The custodian
is required to issue safelceeping confirmation notices clearl�T sho���ing that the securities are
pledged to the Cit�T.
C. ,Sizbject to Aizdit — All collateral shall be subject to inspection and audit b�T the Chief
Financial Off�icer, or designee, as ���ell as the CittT's independent auditors.
XIIL MANAGEMENT AND INTERNAL CONTROLS
Controls shall be designed to prevent losses of public funds arising from fraud, emplo�Tee error, and
misrepresentation b�T third parties, unanticipated changes in financial marlcets, or imprudent actions
b�T emplo�Tees or Investment Officers of the Cit�T.
Controls and managerial emphasis deemed most important that shall be emplo�Ted include the
follo�� ing:
Imperative Controls
- Custodian safekeeping confirmation notices records management
- Avoidance of bearer-form securities
- Documentation of investment bidding events
- Written confirmation of telephone transactions
- Reconcilements and comparisons of securit�T confirmation notices ���ith the
investment records
- Compliance ���ith Investment Polic�T
- Verif�ication of all interest income and securit�T purchase and sell computations
Controls Where Practical
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- Control of Collusion
- Separation of duties
- Separation of transaction authorit�T bet��� een Accounting and record-lceeping
- Clear delegation of authorit�T
- Accurate and timel�T reports
- Validation of investment maturittT decisions ���ith supporting cash flo��� data
- Adequate training and development of Investment Officers and staff authorized to
eiecute investment transactions
- Revie��� of fmancial conditions of all brolcers/dealers and depositonT institutions
- Access to information about marlcet conditions, changes and trends that require
acljustments to investment strategies.
XIV. INVESTMENT POLICY ADOPTION
The Investment Polic�T shall be formall�T approved and adopted b�T resolution of the CittT Council
and revie��� ed annuall�T in accordance ��� ith the provisions of the Public Funds Investment Act of the
Teias Government Code Chapter 2256.
\\codad\departments\(egal\our documents�resolutions\12\investment policy2.doc
RESOLUTION NO.
A RESOLUTION REVIEWING AND ADOPTING REVISIONS TO THE INVESTMENT
POLICY REGARDING FUNDS FOR THE CITY OF DENTON; AND PROVIDING AN
EFECTIVE DATE.
WHEREAS, the City Council passed Resolution No. R96-061 on October 15, 1996,
which adopted an Investment Policy for the City, in compliance with the Public Funds
Investment Act, 74th Leg., ch. 402, 1995 Tex. Sess. Law Serv. 2958 (Vernon) (TEX, GOV'T
CODE Ann. Ch. 2256); and
WHEREAS, the Investment Policy was most recently amended on the 11�' day of
September, 2012, when the City Council passed Resolution No. R2012-025 adopting the current
version of the Investment Policy; and
WHEREAS, the City Council desires to revise the Investment Policy in order to reflect
changes in the Public Funds Investment Act (PFIA), as well as incorporate needed administrative
and procedural modiiications which have occurred over time; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1, The following policy entitled "Policy No, 403.06 "Investment Policy",
attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton,
Texas and shall replace the existing Investment Policy.
SECTION 2, The attached Policy shall be filed in the official records with the City
Secretary,
SECTION 3. This resolution 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: d�—�'�- :;,--' ,: � �,�- �.
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CITY OF DENTON
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SECTION: FINANCE POLICIES REFERENCE NUMBER:
403.06
INITIAL EFFECTIVE DATE:
SUBIECT; INVESTMENTS 02/17/87
'r�'rLE: INVESTMENT POLICY REVISION DATE:
10-16-12
I. PURPOSE
It is the objective of the City of Denton to invest public funds in a manner which will provide
maximum security and the best commensurate yield while meeting the daily cash flow demands of
the City and conforming to all federal, state, and local statutes, rules, and regulations governing the
investment of public funds. This Policy serves to satisfy the statutory requirements of defining
and adopting a formal investment policy. The Policy and investment strategies shall be reviewed
annually by the Audit/Finance Committee and City Council who will formally approve any
modifications, This Investment Policy, as approved, is in compliance with the provisions of the
Public Funds Investment Act of Tex. Gov't. Code Chapter 2256.
II. SCOPE
A. This Investment Policy applies to the investment activities of the City of Denton, Texas. The
specific funds cited hereafter in Section IID, shall be excluded from this Investment Policy.
All financial assets of all funds, including the General Fund and any other accounts of the
City not specifically excluded in these policy guidelines are included. These funds are
accounted for in the City's Comprehensive Annual Financial Repoi�t (CAFR), These funds,
as well as others that may be created from time-to-time, shall be administered in accordance
with the provisions of this Policy. All funds will be pooled for investment purposes except
for those listed under IIC.
In addition to this Policy, the investment of bond proceeds and other bond funds (including
debt service and reserve funds) shall be governed and controlled by their governing
ordinance and by the provisions of the Tax Refoi•m Act of 1986, including all regulations
and rulings promulgated there under applicable to the issuance of tax-exempt obligations.
B. Funds covered by this Policy and managed as a pooled fund group:
General Fund - used to account for resources traditionally associated with government,
which are not required to be accounted for in another fund.
2, Special Revenue Funds — used to account for the proceeds from specific revenue
sources which are restricted or committed to expenditures for specific purposes other
than debt seiwice or capital projects.
Debt Service Fund used to account for resom�ces to be used for the payment of
principal, interest and related costs on general obligation debt,
4. Capital Project Funds — used to account for resources to enable the acquisition or
consh•uction of major capital facilities which are not iinanced by enterprise funds,
internal service funds, or trust funds.
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5. Enterprise Funds — used to account for operations that are financed and operated in a
manner similar to private business enterprises,
Internal Service Funds — used to account for the cost of pt�oviding goods or services
between City departments,
7. Trust and Agency Funds — used to account for assets held by the City in a trustee
capacity or as an agent for individuals, private organizations, other governments, and/or
other funds.
Bond Reserve Funds — funds set at prescribed levels by certain bond ordinances to
pay principal and/or interest if required to prevent default.
New funds available for investment by the City, such as (but not limited to) resources
associated with Public Improvement Districts or Tax Increment Financing zones,
unless specifically excluded herein,
C. Funds covered by this Policy and managed as separately invested assets:
Bond Funds — funds established with the proceeds from specific bond issues when it is
determined that segregating these funds from the pooled funds' portfolio will result in
maximum interest earning retention under the provisions of the Tax Reform Act of
1986.
Endowment Funds — funds given to the City with the instructions that the principal is
to remain intact, unless otherwise agreed to, and the income generated by the
investments will be used for speci�ed purposes.
Trust, Escrowed Funds & Security Deposits — funds held outside the City by a trust,
escrow agent, or other entity but belonging to the City.
D. This Policy shall not govern funds, which are managed under separate investment programs
in accordance with the Tex. Gov't. Code Sec. 2256.004. Such programs currently include
all funds related to employee retirement programs, other funds established by the City for
deferred employee compensation, and certain private donations. The City shall and will
maintain responsibility for these funds to the extent required by federal and state law, the
City Charter, and donor stipulations. This Policy also does not apply to monies held in
escrow to retire bonds which are subject to defeasance requirements stated under their
respective bond ordinances.
IIL INVESTMENT OB,TECTIVES & STRATEGIES
It is the policy of the City that, giving due regard to the safety and risk of investments, all
available funds shall be invested in conformance with state and federal regulations,
applicable bond ordinance requirements, adopted Investment Policy and investment sri�ategies.
In accordance with the Public Funds Investment Act, the following prioritized objectives (in order
of impoi�tance) in accordance with the Tex, Gov't. Code Sec. 2256.005(d) apply for each of the
City's investment strategies,
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A. Suitabiliry — Undeistanding the suitability of the investment to the financial requirements of
the City is important. Any investment eligible in the Investment Policy is suitable for all
City funds.
B. Safety — Preservation and safety of principal are the primary objectives of the Investment
Policy. All investments will be in high quality securities with no perceived default risk.
C. Liquidiry — The City's investment portfolio will remain sufficiently liquid to meet operating
requirements that might be reasonably anticipated. Liquidity shall be achieved by matching
investment maturities with forecasted cash flow requirements and by investing in securities
with active secondary markets. Short-term investment pools and money market mutual
funds provide daily liquidity and may be utilized as a competitive investment alternative to
fixed income instruments.
D. Marketabiliry — Securities with active and efficient secondary markets are necessary in the
event of an unanticipated cash requirement. Historical marlcet "spreads" between the bid
and offer prices of a particular security type of less than a quarter of a percentage point shall
define an efficient secondary market.
E. Diversification — Investment maturities shall be staggered to provide cash flow based on the
anticipated needs of the City. Diveisifying the appropriate maturity structure will reduce
market cycle risk.
F. Yield — Attaining a competitive market yield, commensurate with the City's investment rislc
constraints and the cash flow characteristics of the portfolio, is the desired objective. The
goal of the City's investment portfolio is to regularly meet or exceed the average rate of
return on U.S. Treasury bills at a maturity level comparable to the poi�tfolio's weighted
average maturity in days. The yield of an equally weighted, rolling twelve month moving
average of a one year U,S. Treasury bill pot�tfolio shall be the minimum yield objective or
"benchmarlc". One year U.S. Treasury bill information is derived from the Federal Reserve
Statistical Release H.15 for constant maturities. A secondaiy objective will be to obtain a
yield equal to or in excess of a local government investment pool or money market mutual
fund.
The first measure of success in this area will be the attaimnent of enough income to offset
inflationary increases. Although steps will be taken to obtain this goal, the City's staff will
follow the "Prudent Peison" statement relating to the standard of care that must be exercised
when investing public funds as expressed in the Tex, Gov't. Code Sec. 2256.006(a-b), The
Investment Officers shall avoid any transactions that might impair public confidence in the
City's ability to govern effectively, The governing body recognizes that in adequately
diversifying the maturity structure within the pot-tfolio to meet the City's expenditure needs,
occasional measured unrealized losses due to market volatility and rising interest rates are
inevitable, and must be considered within the context of the overall poi�tfolio's investment
return. The prudence of the investment decisions shall be measured in accordance with the
tests set foi�th in the Tex. Gov't. Code Sec. 2256.006(b).
IV. INVESTMENT STRATEGY FOR SPECIFIC FUND GROUPS
In order to better diversify, maximize interest earnings and otherwise meet stated objectives, fund
groups may be combined into one or more internal investment pools. Although fund monies may be
combined into a single asset portfolio, proportional fund ownership will be accounted for
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REFERENCE NUMBER:
TITLE: INVESTMENT POLICY 403.06
separately. The City maintains separate portfolios for some individual funds or groups of funds (as
listed under Section II) that are managed in accordance with the terms of this Policy and by the
corresponding investment strategies listed below.
A. Investment Pool Strategy — The City's Investment Pool is an aggregation of the majority of
City funds which includes tax receipts, enterprise fund revenues, fine and fee revenues,
reserve funds for outstanding utility system revenue bonds, as well as some, but not
necessarily all, bond proceeds, grants, gifts and endowments. This portfolio is maintained to
meet anticipated daily cash needs for the City's operations, capital projects and debt service.
In order to ensure the ability of the City to meet obligations and to minimize potential
liquidation losses, the dollar-weighted average stated maturity of the investment pool shall
not exceed 1.5 years or 550 days. The objectives of this poi�tfolio are to:
1. Ensure safety of principal by investing in only high quality securities for which a
strong secondary market exists.
2, Ensure that anticipated cash flow needs are matched with adequate investment
liquidity.
Limit market and credit risk through diversi�cation.
Attain the best feasible yield commensurate with the objectives and restrictions set
forth in this Policy by actively managing the portfolio to meet or exceed the twelve
month moving average yield on a one year U.S, Treasuiy bill as derived fi•om the
Federal Reserve Statistical Release H.15 for constant maturities.
B. Bond Funds Strategy - Occasionally, separate non-pooled portfolios are established with
the proceeds from bond sales in order to maximize earnings within the constraints of
arbitrage regulations. The objectives of the portfolios are to;
1. Ensure safety of principal by investing in only high quality securities for which a
strong secondary market exists.
2. Ensure that anticipated cash flow needs are matched with adequate investment
liquidity.
Limit market and credit risk through diveisification,
4, Attain the best feasible yield commensurate with the objectives and restrictions set
forth in this Policy and the bond ordinance by actively managing the portfolio to meet
or exceed the bond yield.
C. Endownaent Fund Str�ategy - Funds received as gifts to the City with instructions that the
income generated by the investment of said funds be used for specified purposes are invested
as separate non-pooled portfolios in order to maximize return. The objectives of the
portfolios are to;
1. Ensure safety of principal by investing in only high quality securities for which a
strong secondary market exists.
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Ensure that anticipated cash flow needs are matched with adequate investment
liquidity.
3. Limit market and credit risk through diversification.
4. Attain the best feasible yield commensurate with the objectives and restrictions set
forth in this Policy.
D. Trust, Escrowed Funds cQc Security Deposit Sty�ategy - Funds that are held outside the City by
a trust, escrow agent, or as a security deposit, but belonging to the City are governed by
their respective trust, escrow, or security deposit agreement and are subject to the
provisions of this Policy. The objectives of the portfolios are to:
1. Ensure safety of principal by investing in only high quality securities for which a
strong secondary market exists.
2. Ensur�e that anticipated cash flow needs are matched with adequate investment
liquidity.
Limit market and credit risk through diversification,
4. Attain the best feasible yield commensurate with the objectives and restrictions set
forth in this Policy and the trust, escrow, or security deposit agreement.
V. INVESTMENT COMMITTEE
Members — The Investment Committee will consist of the City Manager, Assistant City Manager
for Finance, Assistant City Manager for Utilities, Chief Financial Of�cer, City Controller, Assistant
Director of Finance, Treasury Administrator, and the City's investment advisor. The investment
advisor is a non-voting member. When needed, the City Attorney will act as a legal advisor to the
Investment Committee,
Scope — The Investment Committee shall meet at least quarterly to determine general strategies,
investment guidelines and to monitor results, Included in its deliberations will be such topics as:
economic outlook, portfolio diversification, maturity structure, potential rislc to the City's funds,
authorized broker/dealers (if applicable) and depository institutions, as well as the target rate of
return on the investment portfolio,
Procedures - The Investment Committee shall provide meeting summations to all membeis. Any
two members of the Investment Committee may request a special meeting, and four members shall
constitute a quorum. The Investment Committee shall establish its own iules of procedures.
VI. RESPONSIBILITY AND STANDARD OF CARE
A. Delegation & Training — The management responsibility for the investment program is
delegated to the Chief Financial Offcer. The primary individual who shall be involved in
investment activities will be his designee. The designee may delegate the day to day
activities to a responsible individual(s) who has received the appropriate training required by
state statute. The Chief Financial Officer and department designees will use this Policy as
the primary guideline for the City's investment program, procedures, and internal control
issues. The Assistant City Manager who oversees financial operations and the Chief
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Financial Officer are designated as the Investment Officers, pursuant to Tex Gov't. Code
Sec. 2256.005(fl, Accordingly, the Investment Officers and persons authorized to execute
investment transactions shall attend at least one training session relating to their
responsibilities under the Public Funds Investment Act within 12 months after assuming
duties and receive no less than 10 hours of instruction relating to investment functions every
two year period that begins on the first day of the iiscal year and consists of the two
consecutive fiscal years after that date. The training must include education in investment
controls, security risks, strategy rislcs, market risl<s, and compliance with the Public Funds
Investment Act. The investment training session shall be provided by an independent source
approved by the Investment Committee. For purposes of this policy, an "independent
source" from which investment training shall be obtained shall include a professional
organization, an institute of higher learning or any other sponsor other than a business
organization with whom the City may engage in an investment transaction. Thus, these
independent sources will be training sessions sponsored, accredited or endorsed by the
Government Treasurers Organization of Texas (GTOT), Center For Public Management at
the University of North Texas (LTNT), Government Finance Officers Association of Texas
(GFOAT), Texas Municipal League (TMI,), Noi�th Central Texas Council of Governments
(NCTCOG), Association of Public Treasurers United States & Canada (APT US & C), and
Government Finance Officers' Association (GFOA).
No persons may engage in investment transactions except as provided under the terms of this
Policy. The Assistant City Manager shall require an annual compliance review by an
external auditor that will consist of an audit of management controls on investments,
adherence to the City's Investment Policy and a review of the quarterly investment reports.
The reviews will provide internal control by assuring compliance with policies and
procedures. The Assistant City Manager, Chief Financial Officer, Mayor, City Council,
City Manager and other Finance Department employees shall be personally indemnified in
the event of investment loss provided the Investment Policy has been followed.
B. Conflicts of Interest — All participants in the investment pi�ocess shall seek to act responsibly
as custodians of public assets, Officers and employees involved in the investment process
shall refrain fi•om personal business activity that could conflict with proper execution of the
investment program, or which could impair their ability to make impai�tial investment
decisions.
C. Disclosure — Anyone involved in investing City funds shall file with the Investment
Committee a statement disclosing any personal business relationship with a business
organization offering to engage in investment transactions with the City or is related within
the second degree by afiinity or consanguinity as determined under the Tex. Gov't. Code Ch,
573, to an individual seeking to transact investment business with the City, A disclosm�e
statement must also be filed with the Texas Ethics Commission and the City Council. An
Investment Officer or other employee has a personal business relationship with a business
organization if any one of the following three conditions are met:
The Investment Officer or employee owns 10% or more of the voting stock ot• shares
of the business organization or owns $5,000 or more of the fair market value of the
business organization.
2, Funds received by the Investment Officer or employee from the business
organization exceed 10% of the investment officeis gross income for the prior year.
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
TITLE: INVESTMENT POLICY
Page 7 of 16
REFERENCE NUMBER:
403.06
The Investment Officer or employee has acquired fi�om the business organization
during the prior year investments with a book value of $2,500 or more for their
personal account.
D. Prudence — The standard of prudence to be used by the investment officials shall be the
"Prudent Person Rule", as set forth in Tex. Gov't. Code Sec. 2256.006, and will be applied
in the context of managing an overall portfolio: "Investments shall be made with judgment
and care under prevailing circumstances, that a person of prudence, discretion and
intelligence would exercise in the management of the person's own affairs, not for
speculation, but for investment, considering the probable safety of their capital as well as the
probable income to be derived."
Investment officials acting in accordance with the Investment Policy and exercising due
diligence shall be relieved of peisonal responsibilities for an individual security's credit rislc
or market price change, provided deviations fi•om expectations are reported in a timely
fashion and appropriate action is taken to control adverse developments. In determining
whether an investment official has exercised prudence with respect to an investment
decision, the determination shall be made taking into consideration the investment of all
funds over which the official had responsibility rather than consider•ation as to the prudence
of a single investment and whether the investment decision was consistent with the City's
Investment Policy.
E. Reporting
Quarterly — Not less than quarterly, the Chief Financial Officer shall submit to the City
Manager, Mayor and City Council a written repor�t of the City's investment transactions
within one hundred twenty (120) days of the preceding reporting period. The report shall: 1)
describe in detail the investment position of the City as of the end of the reporting period, 2)
be prepared jointly by all Investment Officers, 3) be signed by each Investment Officer, 4)
contain a summaiy statement, prepared in compliance with generally accepted accounting
principles, of each pooled fund group including a) beginning marlcet value for the repoi�ting
period; b) additions and changes to the marlcet value during the period; c) ending marlcet
value for the period; and d) fully accrued interest for the reporting period, 5) state the book
value and market value of each separately invested asset at the beginning and end of the
reporting period by type of asset and fund type invested, 6) state the maturity date of each
separately invested asset that has a maturity date, 7) state the account or fund or pooled fund
group for which each individual investment was acquired, and 8) state the compliance of the
investment portfolio as it relates to the investment strategy expressed in the Investment
Policy and with relevant provisions of the Tex, Gov't. Code Ch. 2256,
Annually - The City Council shall review and approve the Investment Policy and investment
strategies at least annually and be documented by rule, order, ordinance or resolution which
shall include any changes made.
Compliance A�dit — The City's external independent auditor will conduct an annual review
of the quarterly reports in conjunction with the annual financial audit, The results of the
audit will be reported to City Council. The audit will also review compliance with
management controls on investments and adherence to this Policy,
F. The guidelines of retaining records for seven years as recommended in the Texas State
Library Municipal Records Manual should be followed with respect to the investment of
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funds other than bond proceeds. Since the City manages the majority of its investments,
including bond funds, using an internal pool consisting of combined fund groups, records
shall be retained in accordance with the Adminish�ative Policy No. 403.07 "Debt Service
Management", The Chief Financial Officer shall oversee the filing and/or storing of
investment t•ecords.
G, Market prices for all public fund investments will be obtained and monitored through the use
of Interactive Data Inc., an on-line data service or a similar qualified successor agency.
VII. SUITABLE AND AUTHORIZED INVESTMENT SECURITIES
A. Active Portfolio Managernent — The City intends to pursue an active versus a passive
investment management philosophy. That is, securities may be sold before they mature if
market conditions present an opportunity for the City to bene�t from the trade. (Refer to
Section VIII of this Policy.) In addition, the Investment Ofiicers may at times restrict or
prohibit the purchase of specific types of investments or issuers due to current marlcet
conditions.
The City shall take all prudent measures consistent with this Investment Policy to liquidate
an investment that no longer meets the required minimum rating standards, as per the Tex,
Gov't. Code Sec. 2256.021. However, if it is determined by the Investment Committee that
the City would benefit from holding the securities to maturity to recapture its initial
investment then the Investment Officers may act accordingly. The City is not required to
liquidate investments that were authorized investments at the time of purchase. (Tex. Gov't,
Code Sec. 2256.017)
B, Authorized Investrraents — City funds governed by this Policy may be invested in the
instruments described below, all of which are authorized by the Public Funds Investment
Act.
Direct obligations of the United States of America, its agencies and instrumentalities
(maturing in less than five years).
2. Other obligations, the principal and interest of which are unconditionally guaranteed
or insured by, or backed by the full faith and credit of, the United States of America,
or any obligation fully guaranteed or insured by the Federal Deposit Insurance
Corporation (maturing in less than five years).
Direct obligations of the State of Texas or its agencies thereof, Counties, Cities and
other political subdivisions rated as to investment quality by a nationally recognized
investment rating �rm not less than AA or its equivalent (maturing in less than three
years).
4. Other obligations , the principal and interest of which are unconditionally guaranteed
or insured by, or backed by the full faith and credit of, the State of Texas, rated as to
investment quality by a nationally recognized investment rating firm not less than AA
or its equivalent (maturing in less than three years).
Fully insured or collateralized certificates of deposit/share certificates issued by state
and national banks or savings bank or a state or federal credit union (having its main
or branch office in Texas) guaranteed or insured by the Federal Deposit Insurance
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Corporation or its successor or the National Credit Union Share Insurance Fund or its
successor; and secured by obligations in accordance with Section XII herein (maturing
in less than three years).
In addition to the City's authority to invest funds in certificates of deposit and share
certificates stated above, an investment in certiiicates of deposit made in accordance
with the following conditions is an authorized investment under Tex, Govt. Code Sec,
2256,010 (b): (1) the funds are invested by the City through a clearing broker
registered with the Securities and Exchange Commission (SEC) and operating
pursuant to SEC rule 15c3-3 (17 C.F,R. Section 240.15c3-3) with its main office or
branch office in Texas and selected from a list adopted by the Investment Committee
as required by Section 2256.025; or a depositoiy institution that has its main office or
a branch office in this state and that is selected by the Investment Committee; (2) the
selected broker or depository institution arranges for the deposit of the funds in
certificates of deposit in one or more federally insured depository institutions,
wherever located for the account of the City; (3) the fu11 amount of the principal and
accrued interest of each of the cei�tificates of deposit is insured by the United States or
an instrumentality of the United States; (4) the selected broker or depository
institution acts as custodian for the City with r•espect to the certificates of deposit
issued for the account of the City.
6. Fully collateralized repurchase agreements provided the City has on file a signed
Master Repurchase Agreement, approved by the City Attorney, which details eligible
collateral, collateralizations ratios, standards for collateral custody and control,
collateral valuation, and conditions for agreement termination. The repurchase
agreement must have a defined termination date and be secured by obligations in
accordance with Section XII of this Policy. It is required that the securities purchased
by the City be assigned to the City, held in the City's name and deposited at the time
the investment is made with the City or with a third party selected and approved by
the City. Repurchase agreements must be purchased through a prima�y government
securities dealer, as defined by the Feder�al Reseive or a financial institution doing
business in this State (termination date must be 30 days or less). An exception to the
30 days or less termination date may be made with respect to bond proceeds. The City
may specifically authorize in the bond ordinance investments in repurchase
agreements, such as a flexible repurchase agreement, with maturities in excess of 30
days subject to any required approvals fi•om bond insurers.
7. Commercial paper that has a stated maturity of 270 days or less from the date of
issuance and is rated A-1 or P-1 or an equivalent rating by at least two nationally
recognized rating agencies.
Public (local) fund investment pools with a dollar weighted average maturity of 60
days or less. The pool must be approved through resolution by the City Council to
provide services to the City and be continuously rated no lower than Aaa or AAAm or
at an equivalent rating by at least one nationally recognized rating service. A public
funds investment pool created to function as a money market mutual fund must mark
to market daily and stabilize at a$1 net asset value. The City may not invest an
amount that exceeds 10 percent of the total assets of any one local government
investment pool.
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To be eligible to receive funds fi•om and invest funds on behalf of the City, an
investment pool must furnish to the Investment Officer or other authorized
representative an offering circular or other similar disclosure instrument that contains
information required by the Tex, Gov't. Code Sec. 2256.016. Investments will be
made in a local government investment pool only after a thorough investigation of the
pool and approval by the Investment Committee which shall at least annually review,
revise and adopt the local government investment pool(s),
A Securities and Exchange Commission (SEC) registered, no load money market
mutual fund which has a dollar weighted average stated maturity of 60 days or less
and whose investment objectives includes the maintenance of a stable net asset value
of $1 for each share, Fm�thermore, it must be rated not less than Aaa, AAAm or an
equivalent rating by at least one nationally recognized rating se�vice. A rating will not
be required of money market mutual funds that invest exclusively in U.S. government
securities or a combination of U.S. government securities and repurchase agreements
backed by U.S. government securities. The City must be provided with a prospectus
and other information required by the SEC Act of 1934 or the Investment Company
Act of 1940. This can be supplied either through website access or in hard copy form.
The City may not invest an amount that exceeds 10 percent of the total assets of any
one fund, Investments will be made in a money market mutual fund only after a
thorough investigation of the fund and approval by the Investment Committee which
shall, at least annually, review, revise and adopt the money marlcet mutual fund(s).
C. Prohibited Investments — The City's authorized investment options are more resh•ictive than
those allowed by state law, Furthermore, this Policy speciiically prohibits investment in the
securities listed below:
1, Obligations, whose payment represents the coupon payments on the outstanding
principal balance of the underlying moi�tgage-backed security collateral and pays no
principal,
2. Obligations whose payment represents the principal stream of cash flow from the
underlying moi�tgage-baciced security collateral and beais no interest.
3. All collateralized mortgage obligation•s,
4, Reverse repurchase agreements.
D, Diversification — It is the policy of the City to diversify its investment poi�tfolios, The
diversification will protect interest income fi•om the volatility of interest rates and the
avoidance of undue concentration of assets in a specific maturity sector; therefore, portfolio
maturities shall be staggered. In establishing specific diversiiication strategies, the
following general policies and consh•aints shall apply;
1. Risk of market price volatility shall be controlled through maturity diversification and
by controlling unacceptable maturity extensions and a mismatch of liabilities and
assets. The maturity extension will be controlled by limiting the weighted average
maturity of the internal investment pool portfolio to 550 days. All long-term
maturities will be intended to cover long-term liabilities. In addition, at least 5
percent of the funds in the investment pool portfolio will be liquid at all times.
Investment pool liquidity, which consists of immediately available funds, is defined as
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shares in a local government investment pool and money marlcet mutual fund, as well
as bank demand deposit balances. Although there is no maximum defined portfolio
liquidity position, it is the intent of this Policy to seek out higher yielding alternative
investments in accordance with the prioritized objectives of preservation and safety of
principal, meeting liquidity needs and yield enhancement as stated throughout the
Public Funds Investment Act.
2. The Investment Committee shall establish strategies and guidelines for the percentage
of the total poi�tfolio that may be invested in U.S. Treasury securities, federal
agencies/instrumentalities, repurchase agreements, and insm�edlcollateralized
certificates of deposit and other securities or obligations. The Investment Committee
shall conduct a quarterly review of these guidelines, and shall evaluate the probability
of market and default rislc in various investment sectois as part of its considerations,
3. Risk of principal loss in the poi�tfolio as a whole shall be minimized by diversifying
investment types according to the following limitations based on book values:
Iravestme�zt Tvne % ofPortfblio
• U.S. Government Treasury Notes/Bills & Obligations 100%
• U.S. Govet•nment Agencies & Instrumentalities 100%
• State of Texas Obligations, Agencies & Local Gov't. 15%
• Local Government Investment Pools 50%
• Repurchase Agreements 20%
• Certificates of Deposit (fully insured or collateralized) 35%
• U.S, Money Marlcet Mutual Fund 35%
• Callable U.S, Agencies/Instrumentalities 20%
• Commercial Paper 5%
By Institution:
Repurchase Agreements No more than 15%
Collateralized Certificates of Deposit No more than 15%
All Other (except U.S. Treasuries) No more than 35%
4. Purchases of securities with stated maturities greater than the maximum authorized
under Section VIIB require prior City Council approval.
VIII. SAL� OF SECURITIES
The City's policy is to hold all securities to maturity. However, securities may be sold to minimize
the potential loss of principal on a security whose credit quality has declined, to swap into another
security which would improve the quality, yield or target duration of the portfolio or to meet
unanticipated liquidity needs. A horizon analysis is required for each swap proving benefit to the
City before the trade decision is made, and will be held in the file for record lceeping.
IX. COMPETITIVE BIDDING
It is the policy of the City to require competitive bidding for all individual security purchases and
sales, as well as for certificates of deposit. Exceptions include;
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A, Transactions with money marlcet mutual funds and local government investment pools
which are deemed to be made at prevailing market rates.
B. Treasury and agency securities purchased as new issues through an approved brol<er/dealer,
�nancial institution or investment advisor.
C. Automatic overnight "sweep" transactions with the City's depository bank.
At least three bids or offers must be solicited for all other transactions involving individual
securities, The City's investment advisor is also required to solicit at least three bids or offers when
transacting trades on the City's behalf, In situations where the exact security is not offered by other
broker/dealeis, offers on the closest comparable investment may be used to establish a fair marlcet
price for the security. In the case of a cei�tificate of deposit purchase, at least two other offers
should be solicited to provide a comparison. When few, if any, banks wish to participate then staff
may use another authorized investment of similar maturity for evaluation purposes. The quotes may
be accepted orally, in writing, electronically, or any combination of these methods. The Investment
Committee may approve exceptions on a case by case basis or on a general basis in the form of
guidelines. These guidelines shall take into consideration the investment type, maturity date,
amount and potential disruptiveness to the City's investment strategy,
X. ARBITRAGE
The Tax Reform Act of 1986 provided limitations restricting the City's investment of tax-exempt
bond proceeds. Revised arbitrage rebate provisions require that the City compute earnings on
investment from each issue of bonds on an annual basis to determine if a rebate is required. To
determine the City's arbitrage position, the City is required to perform specific calculations relative to
the actual yield earned on the investment of the funds and the yield that could have been earned if the
funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate
provision states that periodically (not less than once eveiy five years, and not later than sixty days
after maturity of the bonds), the City is required to pay the U.S. Treasury a rebate of excess earnings
based on the City's positive arbitrage position. The Tax Reform restrictions require precision in the
monitoring and recording facets of investments as a whole, and particularly as they relate to yields
and computations so as to insure compliance. Failure to comply may dictate that the bonds become
taxable, retroactively fi•om the date of issuance
The City's investment position, relative to the revised arbitrage restrictions, is the continued pursuit
of maximizing yield on applicable investments while ensuring the safety of capital and liquidity. It is
fiscally prudent to continue the maximization of yield and rebate excess earnings, if necessary,
XI. SELECTION OF BANKS, BROKER/DEALERS AND INVESTMENT ADVISORS
A. Depository — City Council shall, by ordinance, "select and designate one or more banlcing
institutions as the depository for the monies and funds of the City" in accordance with the
requirement of Tex. Loc. Gov't. Code Ch. 145. At least every fve years a depository shall
be selected through the City's banking services procurement process, which shall include a
formal request for proposal (RFP). The selection of a depository will be determined by a
competitive process and evaluated on the following criteria:
1. Quali�ied as a depository for public funds in accordance with state and local laws.
Provided requested information or financial statements for the periods specified,
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3. Complied with all requirements in the banking RFP.
4. Completed responses to all required items on the proposal form.
Offered lowest net banking service cost, consistent with the ability to provide an
appi�opriate level of service.
Met credit worthiness and financial standat�ds.
B. Investrnent Broker/Dealers — If the City has not retained an investment advisor, then the
Investment Committee shall be responsible for adopting the list of qualified brolcers/dealers
and financial institutions authorized to engage in investment transactions with the City.
Authorized firms may include primary dealers or regional broker/dealers that qualify under
SEC Rule 15C3-1 (uniform net capital rule) and quali�ied depositories as established by the
Tex. Loc. Gov't. Code Ch, 105. The Investment Committee shall base its evaluation of
security broker/dealers and financial institutions upon:
1, Financial condition, strength and capability to fulfill commitments.
2. Overall reputation with other broker/dealers or investors.
Regulatory status of the broker/dealer.
4. Bacicground and expertise of the individual representatives.
5. Ability to provide additional advisory seivices.
The Investment Committee must annually review the list of qualified brol<er/dealers
authorized to engage in investment transactions with the City. Investment Officers, or their
authorized representatives, shall not conduct business with any firm with whom public
entities have sustained realized losses on investments or whose name the Investment
Committee has removed fi•om an approved list.
C. Irrvestnaent Advisor — The City may retain the services of an investment advisoiy firm
registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or
with the State Securities Board to assist in the review of cash flow requirements, the
formulation of investment strategies, and the execution of security purchases, sales and
deliveries. The investment advisory contract with the City may not be for a term longer than
two years and its renewal or extension must be approved by the City Council by ordinance
or resolution as required by the Tex. Gov't. Code Sec.2256.003(b),
D, Compliance — A qualiiied representative from any firm offering to engage in investment
transactions with the City is required to sign a written instrument upon receiving and
reviewing a copy of the City's Investment Policy. Investments shall only be made with
those business organizations (including money market mutual funds and local government
investment pools) which have provided the City with this written instiument executed by a
qualiiied representative of the firm, acknowledging that the business organization has:
Received and reviewed the City's Investment Policy.
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2. Implemented reasonable procedures and controls in an effort to preclude investment
transactions conducted between the City and the organization that are not authorized
by the City's Investment Policy, except to the extent that this authorization is
dependent on an analysis of the malceup of the City's entire portfolio or requires an
interpretation of subjective investment standards.
If the City has contracted with an investment advisor, the advisor shall be responsible
for pet•forming �nancial due diligence on the City's behal£ On an annual basis, the
advisor will provide the City with a list of its authorized broker/dealers, as well as the
required written instrument described above,
XII. COLLATERALIZATION, SAFEKEEPING AND CUSTODY
A. Collateralization - The City requires that all uninsured collected balances plus accrued
interest, if any, in depositoiy accounts be secured in accordance with the requirements of
state law. Financial institutions serving as City depositories will be required to sign a
depository agreement with the City which details eligible collateral, collateralization ratios,
standards for collateral custody and control, collateral valuation, rights of substitution and
conditions for agreement termination.
The City requires that all securities purchased under the terms of a repurchase agreement be
assigned to the City in accordance with state law. Dealeis and iinancial institutions wishing
to transact repurchase agreements with the City will be required to sign a Master Repurchase
Agreement which details eligible collateral, collateralization ratios, standards for collateral
custody and cont�ol, collatet•al valuation, rights of substitution, and conditions for agreement
termination.
The City requires that all uninsured cet�tificates of deposit plus accrued interest held with a
depository be secured in accordance with the requirements of state law. Financial
institutions will be required to sign a written depository and security agreement which
stipulates eligible collateral, collateralization ratios, standards for collateral custody and
conh•ol, collateral valuation, rights of substitution, and conditions for agreement termination.
Collateral will always be held by an independent third party with which the City has a
current custodial agreement and shall be reviewed at least monthly to ensure that the market
value of the pledged securities is adequate, All deposits and investments of City funds, other
than direct security purchases, money market mutual funds and local government investment
pools shall be secured by pledged collateral set at no less than 102 percent of the marlcet
value of the principal and accrued interest on the deposits or investments less an amount
insured by FDIC. Eligible collateral to secure the City's deposits include:
1. Direct obligations of the United States government.
2. Other obligations, the principal and interest of which are unconditionally guaranteed
or insured by, or backed by the full faith and credit of, the United States government.
Direct obligations of agencies or instrumentalities of the United States government,
including letters of credit.
4. Cash
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The City will reject adjustable rate mortgages (ARMs), collateralized mortgage obligations
(CMOs), step-ups, variable rate insh•uments (except U.S. Treasury inflation protected
securities), or securities that are not found on common pricing systems.
B. Safekeeping and Custody — Safekeeping and custody of the City's investment securities shall
be in accordance with state law. All security transactions, except local government
investment pool and money market mutual fund transactions, shall be conducted on a
delivery versus payment (DVP) basis. Investment securities will be held by a third party
custodian designated by the City, and be required to issue safekeeping confirmation notices
clearly detailing that the securities are owned by the City.
Safekeeping and custody of collateral pledged to the City shall be in accordance with state
law. Collateral will be held by a third party custodian designated by the City. The custodian
is required to issue safekeeping confirmation notices clearly showing that the securities are
pledged to the City.
C, Subject to Audit — All collateral shall be subject to inspection and audit by the Chief
Financial Officer, ot� designee, as well as the City's independent auditors.
XIIL MANAGEMENT AND INTERNAL CONTROLS
Controls shall be designed to prevent losses of public funds arising fi•om fraud, employee error, and
misrepresentation by third parties, unanticipated changes in financial marlcets, or imprudent actions
by employees or Investment Officers of the City,
Controls and managerial emphasis deemed most impoi�tant that shall be employed include the
following;
Imperative Controls
- Custodian safelceeping confirmation notices records management
- Avoidance of bearer-form securities
- Documentation of investment bidding events
- Written confrmation of telephone transactions
- Reconcilements and comparisons of security confirmation notices with the
investment records
- Compliance with Investment Policy
- Verification of all interest income and security pm•chase and sell computations
Controls Where Practical
Control of Collusion
Separation of duties
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- Separation of transaction authority between Accounting and record-keeping
- Clear delegation of authority
- Accurate and timely reports
- Validation of investment maturity decisions with supporting cash flow data
- Adequate training and development of Investment Officers and staff authorized to
execute investment transactions
- Review of iinancial conditions of all brokers/dealers and depository institutions
- Access to information about market conditions, changes and trends that require
adjustments to investment strategies.
XIV. INVESTMENT POLICY ADOPTION
The Investment Policy shall be formally approved and adopted by resolution of the City Council
and reviewed annually in accordance with the provisions of the Public Funds Investment Act of the
Texas Government Code Chapter 2256.
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* � �
Board Report
Eliminate Unsecured Credit for CRR Auctions and for
Number 400 TPeR Future Credit Exposure and Eliminate Netting of FCE
with CCE
Timeline Urgent Action Approved
Date of Decision October 18, 2011
Effective Date Upon System Implementation
Priority and Rank Priority — Critical; Rank — 9.44
Assigned
16.11, Financial Security for Counter-Parties
16.11.4.1, Determination of Total Potential Exposure for a Counter
Party
Nodal Protocol 16.11.4.3, Determination of Counter-Party Estimated Aggregate
Sections Requiring Liability
Revision 16.11.4.6, Determination of Counter-Party Available Credit Limits
16.11.4.6.1, Credit Requirements for CRR Auction Participation
16.11.4.6.2, Credit Requirements for DAM Participation
16.11.5, Monitoring of a Counter-Party's Creditworthiness and Credit
Exposure by ERCOT
This Nodal Protocol Revision Request (NPRR) requires that a) the
Future Credit Exposure (FCE) component of the collateral calculation
and b) the Congestion Revenue Right (CRR) Auction credit limit be
collateralized with cash, letter of credit or a surety bond. Unsecured
credit and unsecured credit through guarantees will no longer be
available for this. This NPRR also eliminates netting of FCE with
Current Credit Exposure (CCE) for all Counter-Parties. To
accomplish the above ERCOT considered the approaches listed
below:
(1) Establish separate collateral "pools" for Qualified
Revision Description Scheduling Entity (QSE) and CRR activities (similar to
zonal); and
(2) Continue with a combined collateral pool, but providing
sublimits for activity that must be secured.
ERCOT has used the second approach in the NPRR as it provides
the most flexibility and ability to maximize use of collateral.
The NPRR addresses three areas:
(1) Splits the Total Potential Exposure (TPE) into two
portions:
(a) Total Potiential Exposure Secured (TPES) is the
400NPRR-11 Board Report 101811 Page 1 of 14
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TPE that must be secured with cash, letter of
credit or surety bond; and
(b) Total Potential Exposure Any (TPEA) is the TPE
that may be secured with any form of collateral.
TPEA will include all exposure not included in
TPES.
(2) Defines subcomponents of Financial Security and
establishes additional requirements to maintain
adequate secured collateral:
(a) Secured Collateral (cash, letter of credit or
surety bond)
(b) Remainder Collateral (Financial Security minus
TPES minus Net Positive Exposure of approved
CRR Bilateral Trades)
(3) Redefines Available Credit Limit (ACL) and provides for
separate calculations of ACL for the Day-Ahead Market
(DAM) (ACLD) and CRR (ACLC) markets. ACL for
CRRs must be collateralized with Secured Collateral.
To ensure that the FCE component of the collateral calculation and
Reason for Revision the CRR Auction credit limit is secured with cash, letters of credit or
surety bonds and to satisfy expected Commodities Exchange Act
exemption requirements.
The Credit Work Group (Credit WG) endorsed NPRR400, noting it
Credit Impacts has positive credit implications by eliminating the use of unsecured
credit and guarantee for CRR activity and eliminating netting of CRR
and non-CRR activity.
➢ On 8/3/11, NPRR400 and the preliminary Impact Analysis were
posted.
➢ On 8/18/11, PRS considered NPRR400.
➢ On 8/19/11, ERCOT comments were posted.
➢ On 9/15/11, WMS comments were posted.
Procedural History ➢ On 9/19/11, a second set of ERCOT comments were posted.
➢ On 9/22/11, PRS again considered NPRR400.
➢ On 9/27/11, the Impact Analysis was posted.
➢ On 10/5/11, a third set of ERCOT comments were posted.
➢ On 10/6/11, TAC considered NPRR400.
➢ On 10/18/11, the ERCOT Board considered NPRR400.
On 8/18/11, PRS unanimously voted to grant NPRR400 Urgent
status and to table NPRR400 for one month. All Market Segments
PRS Decision Were present for the vote.
On 9/22/11, PRS unanimously voted to recommend approval of
NPRR400 as amended b the 9/19/11 ERCOT comments with a
400NPRR-11 Board Report 101811 Page 2 of 14
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priority of Critical and rank of 9.44 and to forward NPRR400 and the
preliminary Impact Analysis to TAC. All Market Segments were
resent for the vote.
On 8/18/11, ERCOT Staff explained that the changes proposed in
NPRR400 were in response to the Commodity Futures Trading
Commission (CFTC) requirements. It was requested that the Credit
WG review NPRR400 and further discuss issues surrounding
unsecured collateral in the DAM.
Summary of PRS On 9/22/11, ERCOT Staff explained the 9/19/11 ERCOT comments
Discussion which proposed changes as a result of the approval of NPRR347,
Single Daily Settlement Invoice and Updates to Credit Calculations,
including addition of a Minimum Collateral Exposure Component;
that the cost introduced in the preliminary Impact Analysis was a
result of labor costs for changes to the Credit Management System;
and that implementation of NPRR400 should be tied to NPRR347 for
cost and resource efficienc .
On 10/6/11, TAC unanimously voted to recommend approval of
TAC Decision NPRR400 as recommended by PRS in the 9/22/11 PRS Report, as
amended by the 10/5/11 ERCOT comments and as revised by TAC.
All Market Se ments were resent for the vote.
On 10/6/11, participants inquired about the implementation timeline
Summary of TAC noting the need for adequate notice and coordination with CRR
Discussion Auctions. ERCOT confirmed updates will be provided at Credit WG
meetings, timing of CRR Auctions will be considered and Market
Notices will be sent as required by Protocols prior to implementation.
Board Decision On 10/18/11, the ERCOT Board approved NPRR400 as
recommended by TAC in the 10/6/11 TAC Report.
Business Case
1 . Reduces credit risk by eliminating unsecured credit forthe CRR Auction and CRR
forward mark to market calculations and also by eliminating netting across CRR
and non-CRR markets (DAM and Real-Time Market (RTM)).
• Within the constraint of eliminating unsecured credit for CRR activity and
eliminating netting, the approach taken by ERCOT maximizes the efficiency of
collateral utilization by sharing a single pool of collateral across CRR and non-CRR
Buslness markets (DAM and RTM) to the extent possible.
• Helps to meet CFTC conditions to achieve exemption from the Commodity
Case Exchange Act.
2 • NPRR will likely increase collateral costs for Market Participants who currently use
unsecured credit and guarantee agreements to satisfy CRR Auction and CRR
forward mark to market related collateral requirements.
3 . Credit WG endorsed NPRR400, noting it has positive credit implications by
eliminating use of unsecured credit and guarantee for CRR activity and eliminating
netting of CRR and non-CRR activity.
400NPRR-11 Board Report 101811 Page 3 of 14
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S onsor
Name Cheryl Yager
E-mail Address cyaqer(a�ercot.com
Com an ERCOT
Phone Number (512) 225-7029
Cell Number
Market Se ment Not applicable.
Market Rules Staff Contact
Name Sonja B. Mingo
E-Mail Address smingo@ercot.com
Phone Number 512-248-6463
Comments Received
Comment Author Comment Summary
Added additional clarification language to the term Remainder
ERCOT 081911 Collateral and updated the Counter-Party's responsibilities as it
ertains to Secured Collateral.
WMS 091511 Endorsed NPRR400 as submitted.
ERCOT 091911 Updated baseline; grey-boxed language; and provided Business
Case.
ERCOT 100511 Updated grey-boxed language and variable clarifications within
Sections 16.11.4.1 and 16.11.4.3.
Proposed Protocol Language
16.11 Financial Security for Counter-Parties
(1) The term "Financial Security" in this Section means the collateral amount posted with
ERCOT in any of the forms listed in Section 16.11.3, Alternative Means of Satisfying
ERCOT Creditworthiness Requirements.
(2) The term "Secured Collateral" in this Section means the collateral posted by a Counter-
Party with ERCOT in the form of an unconditional, irrevocable letter of credit, a surety
bond nanung ERCOT as the beneficiary, or cash.
(3) The term "Remainder Collateral" in this Section means the total of any form of
acceptable Financial Security posted by a Counter-Party with ERCOT nunus Total
400NPRR-11 Board Report 101811 Page 4 of 14
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Potential Exposure Secured (TPES) nunus Net Positive Exposure of approved
Congestion Revenue Right (CRR) Bilateral Trades minus Available Credit Limit (ACL)
lociced for CRR.
16.11.4.1 Determination of Total Potential Exposure for a Counter-Party
(1) A Counter-Party's TPE is the sum of its "Total Potential Exposure Any" (TPEA) and
"Total Potential Exposure Secured" (TPES): .
(a) TPEA is the positive net exposure of the Counter-Party that may be satisfied by
any forms of Financial Security defined under paragraphs (a) through (d) of
Section 16.11.3, Alternative Means of Satisfying ERCOT Creditworthiness
Requirements. TPEA will include all exposure not included in TPES.
(b) TPES is the positive net exposure of the Counter-Party that may be satisfied only
by forms of Financial Security defined under paragraphs (b) through (d) of
Section 16.11.3. The Future Credit Exposure (FCE) that reflects the future marlc-
to-marlcet value for CRRs registered in the name of the Counter-Party is included
in TPES.
(2) For all Counter-Parties:
TPEA = Max [0, MCE, Max [0, (�n EALn + CRRA *�� EAL�)]]
TPES = Max [0, (1 — CRRA) * ��EAL�] + Max [0, ��FCE�]
The above variables are defined as follows:
Variable Unit Description
EAL1 $ Estzmated Aggregate Liabilit�> for tJie O,SE—EAL for the QSE q represented by�
Counter-Pai��.
EALa $ Estzmated Aggregate Liabilit�> f'or tJze CRR Accourzt Holder —EAL for the
CRR Account Holder a represented by� Counter-Pai��.
FCEa $ Futur^e C.'reditEzposure for tJze CRR AccourztHolder —FCE for the CRR
Account Holder a represented by� Counter-Pai��.
MCE $ �Iirzimunz Collateral Ezposure – For each Counter-Pait�'. ERCOT shall
determine a Miiumum Collateral Exposure (MCE) as follo�� s:
MCE = Max[{ �� � � [[[Lo,di; * T2 - Go,di; * (1-NUCADJo) * T3] *
RTSPP;�; *SAF] + [[RTQQNETESo,di; * T1]/n}, {
� � � [Go,di; * NUCADJo * Tl *
��1�3 si�t �
RTSPP,�u;*SAF]/n}, � �i �DARTNETo;�i�, * T4.'n]
�l�a.s �oe �
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Variable � Unit � Description
RTQQNETESo,di; = E Max[0, [[ RTQQESo,di;� * RTSPP;�;*SAF] -
�
[RTQQEP��ai.� * RTSPP��u. *SAF���
DARTNETo,di; = Absolute ��alue of [ DAM E00 Clearedo,di;* DART;�; +
DAM TPO Cleareda,di;* DART;�; + DAM PTP Cleareda,di;* DARTPTP,d i;
DAM EOB Cleareda,di;* DART;�;]
Where:Go,di; = Total �Ietered Crerzeratiorz at all Resour^ce �'"odes for
Counter-Pai�� o for inteiti�al i for calendar dati� d at
Settlement Point k
Lo�ai. _
SAF=
NUCADJo =
RTQQESo�ai.o =
RTQQEPo�ai.o —
RTSPP,�u; _
Total �djusted �Ietered Load (�:�IL) at all Load Zorzes
for Counter-Pai�� o for inteiti�al i for calendar dati� d at
Settlement Point k
Seasorzal Adjustnzerzt Factor — Used to pro��ide for the
potential for seasonal price increases based on lustorical
trends. ERCOT shall iiurially� set tlus factor equal to
100%. Tlus factor ��ill not go belo�� 100%. ERCOT ��ill
pro��ide Norice to Market Participants of any� change at
least 1� day�s piior to effecri��e date along ��ith the
analy�sis supporting the change.
1 et U�ut Coritirzgerit�djustnzerit —A miiumum � alue of
20% to allo�� for situarioi�s ��here a generator may�
uiuntentionally� or intentionally� meet its requirement from
the Real Time Market .RTQQNETESo,di; Net O,SE-to-
O,SE Erzergy Sales for Counter-Pai�� o for inteiti�al i for
calendar da� c�
O,SE Erzergy Ti^ades for �� luch the Counter-Pait� o is the
seller for inteiti�al i for dati� d at Settlement Point k�� ith
Counter-Pai�� c
O,SE Erzergy Ti^ades for �� luch the Counter-Pait� o is the
buti�er for inteiti�al i for calendar dati� d at Settlement Point
k �� ith Counter-Pai�� c
Real-Tinze SettlenzerztPoirztPrice for inteiti�al i for
calendar dati� d at Settlement Point k
DARTNETo,di; �'"etD�.�I activities for Counter-Pai�' o for inteiti�al i for
calendar dati� d
DART;�; = Day Ahead - Real-Tinze ,Spread for inteiti�al i for calendar
dati� d at Settlement Point k
DAM EOB Cleared o;�; = Day� Ahead Market Energy� Only� Bids Cleared for
inteiti�al i for calendar dati� d at Settlement Point k
DAM E00 Clearedo,di; = Day� Ahead Market Energy� Only� Offers Cleared fo
DAM TPO Cleareda,di; = Day� Ahead Market Tluee Part Offers Cleared for
inteiti�al i for calendar dati� d at Settlement Point k
DAM PTP Cleared o,di; = Day� Ahead Market Point to Point Obligarions
Cleared for inteiti�al i for calendar dati� d at Settlement
Point k
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Variable
- ' ' �1
q
a
Unit
$
None.
None.
Board Report
Description
DARTPTP o,di; = Day Ahead - Real-Tinze ,Spread for ��alue of PTP
Obligarion for inteiti�al i for calendar day� d at Settlement
Point k
T1 =
T2 =
T3=
T�=
c =
d=
i=
2da�s
� da� s
� da� s
1 da� s
Bilateral Counter-Pai��
Calendar dati�
Settlement Inteiti�al
n= 1�da�s
o = Counter-Pai��
k = A Settlement Point
Ml = 20 Mulriplier for DALE and RTLE. Pro��ides for foi�� ard
risk based on lustorical acri��in�. The multiplier �� ill be recommended by�
TAC and appro��ed by� the Board.
M2 = 12 Mulriplier for URTA. Pro��ides for unbilled lustorical
acti��in� based on lustorical acri��in�. The multiplier ��ill be recommended by�
TAC and appro��ed by� the Board
CRR �ctivit�> other tliarz FCE—CRR acti��it�� other than FCE – Ma�� ha��e a
��alue of ``0" or `` 1". Flag to indicate �� hether CRR acti��in� other than FCE �� ill
be included in TPES or TPEA Iiuriallti� set to ``1" to include acti��in� into
TPEA. ERCOT, in its sole discretion, can reset to ``0" if needed.
QSE represented by� Counter-Pai��.
CRR Account Holder represented by� Counter-Pai��.
(3) If ERCOT, in its sole discretion, determines that the TPEA or the TPES for a Counter-
Party calculated under paragraphs (1) or (2) above does not adequately match the
financial risk created by that Counter-Party's activities under these Protocols, then
ERCOT may set a different TPEA or TPES for that Counter-Party. ERCOT shall, to the
extent practical, give to the Counter-Party the information used to determine that
different TPEA or TPES. ERCOT shall provide written or electronic Notice to the
400NPRR-11 Board Report 101811 Page 7 of 14
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Counter-Party of the basis for ERCOT's assessment of the Counter-Party's financial rislc
and the resulting creditworthiness requirements.
(4) ERCOT shall monitor and calculate each Counter-Party's TPEA and TPES daily.
16.11.4.3 Determination of Counter-Party Estimated Aggregate Liability
After a Counter-Party receives its first Invoice, ERCOT shall monitor and calculate the Counter-
Party's EAL based on the formulas below.
EAL� = Max [(IELn during the first 60-day period + DALEn), (Max {RTLEn
during the previous 60-day period} + DALEn), (RTLFn + DALEn) ]+ Max
[RTLCNSn, Max {URTAn during the previous 60 day period}] + OUTn + ptTL,n
EALa = Max [(Max {RTLEa during the previous 60-day period}), (RTLFa +
Max [RTLCNS,,, Max {URTA„ during the previous 60 day period}] + OUT„
+ PUL„
The above variables are defined as follows:
Variable Unit Description
EAL1 $ Estznzated Aggr^egate Liabilit�> for the O,SE EAL for the QSE q represented by�
Counter-Pai��.
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Variable Unit Description
EALa $ Estznzated Aggr^egate Liabilit�> f'or the CRR Accourzt Holder —EAL for the CRR
Account Holder a represented by� Counter-Pai��.
IELn $ Irzitial Estinzated Liabilit�> for tJze O,SE IEL (as defined in Section 16.11.�.2,
Determination of Counter-Pai�� Iiutial Estimated Liability�) for the QSE q
represented by� the Counter-Pai��.
q QSE represented by� Counter-Pai��.
a CRR Account Holder represented by� Counter-Pai��.
RTLE $ Real Tinze Liabilit�> Eztr^apolated—Ml multiplied by� the sum of the net amount
due from or to ERCOT by� the Counter-Pait�� in Real-Time Market (RTM) I�urial
Statements generated in the 1� most recent calendar day�s di��ided by� the number
of Real-Time Iiurial Settlement Statements generated for the Counter-Pai�� in
the 1� most recent calendar day�s. Foi��ard exhapolation for the Counter-Pait��'s
CRR Account Holder acri��in� is excluded from tlus calculation.
URTA1 $ t;�rzbilled Real Tinze Anzourzt —M2 multiplied by� the sum of the net amount due
from or to ERCOT by� the Counter-Pai�� in RTM Iiurial Statements generated in
the 1� most recent calendar dati�s di��ided bti� the number of Real-Time Iiutial
Settlement Statements generated for the Counter-Pait�� in the 1� most recent
calendar day�s. Foi��ard extrapolation for the Counter-Pai��'s CRR Account
Holder acti��in� is excluded from tlus calculation.
RTL $ Real-Tinze Liabilit�>—The estimated or settled amounts due from or to ERCOT
due to acri��ities in the Real-Time and Adjustment Peiiod. Real-Time Liabilin�
(RTL) is the amounts for Load increased by� amounts for a�� arded DAM energy�
offers, and Energy� Trade sales and is decreased by� amounts for a��arded DAM
Energy� Bids, Energy� Trade purchases, and esrimated or settled amounts for
generation. In addition RTL �� ill be adjusted for CRRs settled in Real-Time and
for other amounts due to or from ERCOT bti� the Counter-Pai��.
RTLCNS $ Real Tinze Liabilit�> C'onzpleted arzd � ot Settled— For each Operating Da�� that is
completed but not settled or for �� luch no In��oice has been issued, ERCOT shall
calculate RTL as the lugher of ERCOT's estimate of the Counter-Pai��'s RTL
for the day�, multiplied by� 110% if net due to ERCOT or multiplied by� 90% if
net due to Enrin� or the Counter-Pait��'s esrimate of RTL for the dati�.
RTLF $ Real Tinze Liabilit�> For���ard— For se��en Operaring Da��s that are not y�et
completed, ERCOT shall calculate RTL as the lugher of 150% of ERCOT's
esrimate of the Counter-Pai��'s RTL for the most recent se��en dati�s or the
Counter-Pai��'s forecast of RTL for the next se��en dati�s.
OUT $ Outstarzdirzg t,�rzpaid Ti^arzsactzorzs—Outstanding, unpaid transactions of the
Counter-Pai� ,��luch include (a) outstanding In��oices to the Counter-Party�: (b)
esrimated unbilled items to the Counter-Pai��, to the extent not adequately�
accommodated in the RTLE calcularion (including resettlements and other
kno�� n liabilities): and (c) estimated CRR Aucrion re��enue a��ailable for
distribution for operating day�s in the pre��ious t��o month, to the extent not
in��oiced to the Counter-Pai��. In��oices ��ill not be considered outstanding for
purposes of tlus calcularion the Business Day� after that In��oice pay�ment is
recei��ed.
PUL $ Poterztial t,plift—Potenrial uplift to the Counter-Pai��. to the extent and in the
proportion that the Counter-Pai�� represents Entities to ��luch an uplift of a short
pay�ment ��ill be made pursuant to Secrion 9.19, Partial Pay�ments by� In��oice
Recipients. It is calculated as the sum of: (a) Amounts expected to be uplifted
��itlun one y�ear of the date of the calculation; and (b) 25%, or such other
percentage based on a��ailable starisrics regarding pay�ment default under
bai�l�iu tcti� reoraaiuzation lans, of anti� short ati�ment amounts beina re aid to
400NPRR-11 Board Report 101811 Page 9 of 14
PUBLIC
Variable
DALE
16.11.4.6
Board Report
Unit � Description
ERCOT under a bankiuptcy� reorgaiuzarion plan that are due more than one y�ear
from the date of the calcularion.
$ Average Daily Day Alzead Liabilit�> Eztr^apolated—Mlmultiplied by� the sum of
the net amount due to or from ERCOT bti� the Counter-Pait�� in the DAM
Settlement Statements generated in the se��en most recent calendar day�s that
includes Ancillai�� Seiti�ices and Point-to-Point (PTP) Obligations bought in the
DAM di��ided by� the number of DAM Settlement Statements generated for the
Counter-Pai�� in the se��en most recent calendar day�s. Foi��ard exhapolation for
the Counter-Pai��'s CRR Account Holder's acti��in� is excluded from tlus
calculation.
Determination of Counter-Party Available Credit Limits
ERCOT shall calculate an Available Credit Limit for the CRR Auction (ACLC) and an Available
Credit Linut for the DAM (ACLD) as follows:
(a) ACLC for each Counter-Party equal to the net of its:
(b)
(i)
(ii)
Secured Collateral; minus
TPES ; nunus
(iii) Net Positive Exposure of approved CRR Bilateral Trades; minus
(iv) Minimum of:
(A) Zero; and
(B) TPEA nunus the Unsecured Credit Linut nunus Financial Security
defined as guarantees in paragraph (a) of Section 16.11.3,
Alternative Means of Satisfying ERCOT Creditworthiness
Requirements.
ACLD for each Counter-Party equal to the net of its:
(i)
(ii)
(iii)
Unsecured Credit Limit; plus
Remainder Collateral; minus
TPEA.
400NPRR-11 Board Report 101811 Page 10 of 14
PUBLIC
Board Report
16.11.4. 6.1 C�edit Requi�ements fo� CRR Auction Pcc�ticipcction
(1) Each Counter-Party participating in any CRR monthly, annual or other auction as
pernutted by Sections 16.11.6.1.4, Repossession of CRRs by ERCOT, and 16.11.6.1.5,
Declaration of Forfeit of CRRs, shall communicate to ERCOT the credit limit it would
lilce to establish for the CRR Auction no later than three Business Days prior to the close
of the CRR bid submission window.
(2) ERCOT shall assign the credit limit for each Counter-Party participating in any CRR
Auction as the lower of 90% of ACLC or the Counter-Party's requested credit limit no
later than two Business Days prior to the close of the CRR bid submission window.
ERCOT, in its sole discretion, may increase the credit linut until the close of the CRR bid
submission window.
(3) ERCOT shall impose a credit limit in awarding bids and offers in the CRR Auction as
described in Section 7.5.5.3, Auction Process.
16.11.4. 6.2 C�edit Requi�ements fo� DAM Pcc�ticipcction
(1) ERCOT shall impose a credit linut on each Counter-Party participating in the DAM as
90% of the ACLD.
(2) ERCOT shall impose the credit limit for DAM participation calculated in paragraph (1)
above on the Counter-Party's QSEs and all Subordinate QSEs combined participation in
the DAM as described in Section 4.4.10, Credit Requirement for DAM Bids and Offers.
(3) A new credit linut will be sent to each Counter-Party participating in the DAM daily.
16.11. S Monito�ing of cc Counte�-Pcc�ty's C�editwo�thiness ccnd C�edit Exposu�e by ERCOT
(1) ERCOT shall monitor the creditworthiness and credit exposure of each Counter-Party or
its guarantor, if any. To enable ERCOT to monitor creditworthiness, each Counter-Party
shall provide to ERCOT:
(a) Its own or its guarantor's quarterly (senu-annually, if the guarantor is foreign and
rated by a rating agency acceptable to ERCOT) unaudited financial statements not
later than 60 days (90 days if the guarantor is foreign and rated by a rating agency
acceptable to ERCOT) after the close of each of the issuer's fiscal quarters; if an
issuer's financial statements are publicly available electronically and the issuer
provides to ERCOT sufficient information to access those financial statements,
then the issuer is considered to have met this requirement.
(b) Its own or its guarantor's annual audited financial statements not later than 120
days after the close of each of the issuer's fiscal year; if an issuer's financial
statements are publicly available electronically and the issuer provides to ERCOT
sufficient information to access those financial statements, then the issuer is
400NPRR-11 Board Report 101811 Page 11 of 14
PUBLIC
Board Report
considered to have met this requirement. ERCOT may extend the period for
providing interim unaudited or annual audited statements on a case-by-case basis.
(c) Notice of a material change. A Counter-Party that has been granted an Unsecured
Credit Limit pursuant to Section 16.11.2, Requirements for Setting a Counter-
Party's Unsecured Credit Linut, shall inform ERCOT within one Business Day if
it has experienced a material change in its operations, financial condition or
prospects that might adversely affect the Counter-Party and require a revision to
its Unsecured Credit Limit. ERCOT may require the Counter-Party to meet one
of the credit requirements of Section 16.11.3, Alternative Means of Satisfying
ERCOT Creditworthiness Requirements.
(2) A Counter-Party is responsible at all times for maintaining:
(a) Secured Collateral in an amount equal to or greater than that Counter-Party's
(i) TPES; plus
(ii) Net Positive Exposure of approved CRR Bilateral Trades; plus
(iii) ACL locked for CRR Auction, if any; and
(b) Remainder Collateral in an amount equal to or greater than that Counter-Party's
(i) TPEA; nunus
(ii) Unsecured Credit Linut; nunus
(iii) Any outstanding Secured Collateral requested to be fulfilled by the
Counter-Parry.
(3) ERCOT shall promptly notify each Counter-Party of the need to increase its Financial
Security, including whether Secured Collateral must be provided, and allow the Counter-
Party time, as defined in paragraph (6)(a) below, to provide additional Financial Security
to maintain compliance with this Section.
(4) When either the Counter-Party's TPEA or TPES as defined in Section 16.11.4,
Determination and Monitoring of Counter-Party Credit Exposure, reaches 90% of its
requirement, ERCOT shall use reasonable efforts to electronically issue a warning to the
Counter-Party's Authorized Representative and credit contact advising the Counter-Party
that it should consider increasing its Financial Security. However, failure to issue that
warning does not prevent ERCOT from exercising any of its other rights under this
Section.
(5) ERCOT may suspend a Counter-Party when:
(a) That Counter-Party's TPES as defined in Section 16.11.4, equals or exceeds
100% of its Secured Collateral; or
400NPRR-11 Board Report 101811 Page 12 of 14
PUBLIC
Board Report
(b) That Counter-Parry's TPEA as defined in Section 16.11.4 equals or exceeds 100%
of the sum of its Unsecured Credit Linut and its Remainder Collateral.
The Counter-Party is responsible, at all times, for managing its activity within both its
TPEA and its TPES or increasing its Financial Security to avoid reaching its limits. Any
failure by ERCOT to send a Notice as set forth in this Section does not relieve the
Counter-Party from the obligation to maintain appropriate Financial Security in amounts
equal to or greater than that Counter-Party's TPES and TPEA as defined in Section
16.11.4.
(6) To the extent that a Counter-Party fails to maintain Secured Collateral in amounts equal
to or greater than its TPES or Remainder Collateral in amounts equal to or greater than its
TPEA , each as defined in Section 16.11.4:
(a) ERCOT shall promptly notify the Counter-Party of the amount by which its
Financial Security must be increased, including whether Secured Collateral must
be provided and allow it:
(i) Until 1500 on the second Banlc Business Day from the date on which
ERCOT delivered the Notice to increase its Financial Security if ERCOT
delivered its Notice before 1500; or
(ii) Until 1700 on the second Banlc Business Day from the date on which
ERCOT delivered Notification to increase its Financial Security if
ERCOT delivered its Notice after 1500 but prior to 1700.
ERCOT shall notify the QSE's Authorized Representative(s) and Credit Contact
if it has not received the required security by 1530 on the Bank Business Day on
which the security was due; however, failure to notify the Counter-Party's
representatives or contact that the required security was not received does not
prevent ERCOT from exercising any of its other rights under this Section.
(b) At the same time ERCOT notifies the Counter-Party that is the QSE, ERCOT may
notify each LSE and Resource represented by the Counter-Party that the LSE or
Resource may be required to designate a new QSE if its current QSE fails to
increase its Financial Security.
(c) ERCOT is not required to malce any payment to that Counter-Party unless and
until the Counter-Party increases its Financial Security, including any Secured
Collateral required. The payments that ERCOT will not malce to a Counter-Party
include Invoice receipts, CRR revenues, CRR credits, reimbursements for short
payments, and any other reimbursements or credits under any other agreement
between the Market Participant and ERCOT. ERCOT may retain all such
amounts until the Counter-Party has fully discharged all payment obligations
owed to ERCOT under the Counter-Parry Agreement, other agreements, and these
Protocols.
400NPRR-11 Board Report 101811 Page 13 of 14
PUBLIC
Board Report
(d) ERCOT may rej ect any bids or offers in a CRR Auction from the Counter-Party
until it has increased its Financial Security, including any Secured Collateral
required. ERCOT may rej ect any bids or offers from the Counter-Party in the
DAM until it has increased its Financial Security.
(7) If a Counter-Party increases its Financial Security as required by ERCOT by the deadline
in paragraph (6)(a) above, then ERCOT may notify each LSE and Resource represented
by the Counter-Party.
(8) If a Counter-Party increases its Financial Security as required by ERCOT by the deadline
in paragraph (6)(a) above, then ERCOT shall release any payments held.
400NPRR-11 Board Report 101811 Page 14 of 14
PUBLIC
ORDINANCE NO. 2012-
CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF DENTON,
TEXAS AUTHORIZING THE CITY MANAGER TO PAY AND DEPOSIT THE SUM OF
$250,000 1N ESCROW WITH THE ELECTRIC RELIABILITY COUNCIL OF TEXAS
(ERCOT), AS FINANCIAL ASSLJRANCE REGARDING THE AUCTION OF CONGESTION
REVEN[_JE RIGHTS AND PRE-ASSIGNED CONGESTION REVEN[_JE RIGHTS
PURSUANT TO ERCOT NODAL PROTOCOL REVISION REQUEST (NPRR 400), TO BE
HELD BY ERCOT PENDING THE FUTLJRE CONGESTION REVEN[_JE RIGHTS
AUCTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is a member of and a marlcet participant in the Electric Reliability
Council of Texas ("ERCOT") as it owns a municipally-owned electric utility, Denton Municipal
Electric ("DME") which is located in the ERCOT region; and
WHEREAS, through ERCOT "Nodal Protocol Revision Request (NPRR 400)" which
was approved by the ERCOT Board of Directors, and was filed by ERCOT with the Public
Utilities Commission of Texas ("PUCT"), and which NPRR 400 goes into effect on November 9,
2012 and requires that its members provide financial assurance to ERCOT; and
WHEREAS, ERCOT seeks financial assurance from its members because of changes in
Federal law, namely amendments to the Commodity Exchange Act and the enactment of the
Dodd-Franlc Wall Street Reform and Consumer Protection Act (H.R. 4173) legislation which
passed Congress in 2010; this legislation provides that the forward trading of commodities (such
as Congestion Revenue Rights and Pre-assigned Congestion Revenue Rights in the ERCOT
market) requires participants in these markets to provide financial assurance, in the form of cash
collateral or letters of credit to further secure their financial performance; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations in the preamble are tnie and correct and are incorporated
herewith as part of this Ordinance.
SECTION 2. The City Manager, or his designee, is hereby authorized to pay to the
Electric Reliability Council of Texas ("ERCOT") the sum of $250,000 as financial assurance to
further secure the City's financial performance to ERCOT, such payment to be held by ERCOT
pursuant to ERCOT NPRR 400.
SECTION 3. The City Manager, or his designee, is authorized to make the expenditures
above and to exercise all rights and duties of the City of Denton, Texas pertaining to said
deposit.
SECTION 4. This Ordinance shall become effective immediately 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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MARK A. BLJRROUGHS, MAYOR
AGENDA INFORMATION SHEET
AGENDA DATE: October 16, 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 4.69 acre tract; (I� a utility and slope easement encumbering 0.56 acre; and (III) a
utility and drainage easement encumbering 0.02 acre, said tracts located in the A. Tomplcins
Survey, Abstract Number 1246, and located in the City of Denton, Denton County, Texas, as
more particularly described on Exhibit "A", attached hereto and made a part hereof, located
generally in the 2400 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 (1) Harlan Properties, Inc. (the "Owner");
(2) successors in interest to the owner to the Property Interests; or (3) any other owners of the
Property Interests, as may be applicable, to purchase the Property Interests for the purchase price
of One Hundred Fifty Thousand One Hundred Sixty Three Dollars and No Cents ($150,163.00�
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; and providing an effective date. (Bonnie Brae Widening and Improvements proj ect —
Parce125)
BACKGROUND
In accord with the current Bonnie Brae Widening and Improvements project initiative, staff is
undertalcing the identification of the additional land rights necessary to accommodate the
constniction and operation of the improved roadway. Integra Realty Resources has been
engaged to provide real estate appraisal services in regard to those identified tracts that will be
directly impacted by the proj ect.
In respect to the tract owned by Harlan Properties, Inc., the project requires the acquisition of
several discrete tracts. A Fee Tract for street purposes, and several other distinct easement types
to provide for drainage, utilities, and also to provide lateral support slope for the malceup of
roadway itself.
Integra Realty Resources has provided a real estate appraisal report in regard to the property tract
owned by Harlan Properties, Inc. and the land rights necessary for the Proj ect. 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)
No prior action or review regarding the identified fee tract affecting property owned by Harlan
Properties, Inc.
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 150,163.00 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,
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Franlc G. Payne, P.E.
City Engineer
�ocation Map HARLAN - P25
EXHIBIT 1 Attachment to AIS Bonnie Brae Widening and Improvements
s:\legal\our documents\ordinances\12U�arlan properties acquisition ordinance.doc EXHIBIT 2 attachment to AIS
ORDINANCE NO. 2012-
AN ORDINANCE F1NDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE (I) FEE SIMPLE TO A 4.69 ACRE TRACT; (II) A UTILITY AND SLOPE
EASEMENT ENCUMBERING 0.56 ACRE; AND (III) A UTILITY AND DRAINAGE
EASEMENT ENCUMBERING 0.02 ACRE, SAID TRACTS LOCATED IN THE A.
TOMPKINS SURVEY, ABSTRACT NO, 1246 AND LOCATED IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE
2400 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 (1) HARLAN PROPERTIES, INC. (THE "OWNER");
(2) SUCCESSORS 1N INTEREST TO THE OWNER TO THE PROPERTY 1NTERESTS; OR
(3) ANY OTHER OWNERS OF THE PROPERTY iNTERESTS, AS MAY BE APPLICABLE,
TO PURCHASE THE PROPERTY 1NTERESTS FOR THE PURCHASE PRICE OF ONE
HUNDRED FIFTY THOUSAND ONE HUNDRED SIXTY THREE AND NO CENTS
($150,163.00), 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, after due consideration of the public interesY 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 a formal
offer to purchase the Property Interests to (i) the Owner; (ii) any and all of Owner's successors in
interest to the Propei-ty Interests; or (iii) any other parties who may own any interest in the
Property Interests, as may be applicable.
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, or other owners
of the Property Interests, as applicable, in the form attached hereto and made a part hereof as
Exhibit "B", with a purchase price of $150,163.00 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) 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, or other owners of the Property Interests, as applicable,
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, or other owners of the Property Interests, as
applicable, 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
By:
Page 2
PAG� 1 OF 5
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LOT 30, 5EC 2 .� i
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EXHIBIT A- to Ordinance (Property Interests)
2743 S, 80NNIE BF1AE
BARBARA SEAL
VOL,A639, PG.1209
D.R.D.C,T.
2835 5. BONNIE BRAE
BARBARA SEAL
INST. N0. 20Q8-36221
C.R.D.C.T.
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B�SIS OF BEARING T5 NORTH AMERIGAN DA7UM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXA5 NORTH CENTRAL,
PARCEL 25--ROW-1
BEING A
204,477 SQ.FT./4.69 ACRE
OF WHICH 6,838 SQ. FT. LIES
EXYSTING RIGHT--OF--WAY OF BONNIE
SITUATED IN THE A. TOMPKINS
ABSTRACT N0. 1246,
Graham Associates Inc. �ENTON COUNTY, TEXAS
. CaNSULTINO ENOINEERS h PLANNERS
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DATE; SEPTEMBER 2012
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PAGE 2 OF 5
EXHIBIT A- to Ordinance (Property Interests)
SEE
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LOT �3, SEC 2 Lo7 14A, S,C 2 � � �
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SOLAR WAY A�DITION, SOLAR WAY ADOITION; — � �
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NOTE: B�T5ET2ATIENO OF CONSTRUCT�ON.
BASIS OF BEARING IS NORTH AMERICAN DA7UM ^^�
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SYS7EM, TEXAS NORTH C�NTRAL.
PARCEL 25—ROW--1
BEING A
204,4'77 SQ.FT./4.69 ACRE
OF WHICH 6,838 SQ. FT. LIES
EXISTING RIGHT—OF--WAY OF BONNIE
SITUATED IN THE A. TOMPKINS
ABSTRACT N0. 1246,
� Graham Associates,lnc. DENTON COUNTY, TEXAS
■ CONSULTiNG ENGINEERS d� PIANNERS
eoo s�x Fuos o�ve. sur� soo
ARLINOTON. TDfA3 7�1� �81;� E'10" '�339 ..
7BPE FlFWs F-11Y1 �t►�i 101638-00
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�YITHIN
BRAE S'TREET
SURVEY,
GRAPHTC SCALE 1'=100'
D 50 100 150
DATE: SEPTEMBER 2012
J/Denton/P25-Row-i
EXHIBIT A- to Ordinance (Property Interests)
PAGE 3 OF 5
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VOL. 4704, PG, 1297
D.R,D.C,T.
A= 10'43'36"
R=2347.50'
T=220.�9'
L=439.49'
Cp=S05 •21' 48"E
Lc=q38.85'
PARCEL 25--ROW-1
BEING A
204,477 SQ.FT./4.69 ACRE
OF WHICH fi,838 SQ. FT. LIES
EXISTING RIGHT-OF-WAY OF BONNIE
SITUATED IN THE A. TOMPKINS
ABSTRACT N0. 1246,
DENTON C�UNTY, TEXAS
� Graham Associates,lnc.
■ CONSULTING ENGINEERS k PLANNERS
aao s�x ruos otav�, sui� aoo
NZUNOroN� mus 7� �e�� e�o-esas
TBPE Flft1A� F-11p1 RA(t 101638-OD
NO7�: SE7 1/2" T.R, W/ GAI CAP TO
BE SET AT END OF CONSTRUC7ION.
BASIS OF BEARING IS NORTH AMERICAN DA7UM
OF 1983 (NAO-83) S7ATE PLANE COORDINATE
SYS7EM, 7EXA5 NORTH CENTRAL.
WITHIN
BRAE STREET
SURVEY, n
ORAPHIC SCALE S'�100'
0 50 f00 150
DATE: SEPTEMBER 2012
I/non4nn/p?K-Rnw-i
Page 4 of 5
EXHIBIT A- to Ordinance (Property Interests)
PARCEL 25-ROW-1
L�GAL DESCRIPTION
Being a 4.69 acre tract of land situated in the A. Tomplcins Survey, Abstxact No.1246,
Denton County, Texas and being a portion of a tract of land conveyed to Harlan
Properties, Inc. as recoxded in Volunne 4704, Page 1297, Deed Records, Denton County,
Texas, and being more particularly described as follows:
BEGINNING at a found 5/8 inch iron rod, said point being the southwest corner of said
Harlat� tract, being the southeast corner of a tract of land conveyed to Alfred and Becky
Camp, as recorded in Instrument No. 2010-62292, Deed Records, Denton Couniy, Texas,
and being in the north line a tract of land conveyed to The Chamberlain Trust, as
recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas;
THENCE North 00°16'23" East, leaving said noa�th line and along the east line of said
Caznp tract, a distance of 333.08 feet to a point for corner, said point being the noi�theast
corner of said Camp tract;
THENCE North 00°24'00" West, along the west line of said Harlan tract, a distance of
689.67 feet to a point fbr corner, said point being in the existing east right-of-way line of
Boruue Brae Street (having a variable width R.O.W.);
THENCE North 00°19'42" East, along said �west line and along said existing east right-
of way line, a distance of '160.24 feet to a point for corner, said point being in the
approximate centerline of Highland Park Road (having a variable width R,O.W.), and
being tha northwest cozner of said Haxlan tract;
THENCE South 89°30'18" East, leaving sa
north line of said Harlan tract, an.d along
397.54 feet to a point for corner;
d existing east �ight-of vvay line, along the
said approximate centerline, a distanee of
THENCE South 00°29'42" West, leaving said approximate centerline, a distance of 35.50
feet to a set 1/2 inch iron xod vvith GAI cap for corner, said point being in the proposed
soutl� right-of-way line of Highland Park Road (having a variable width R.O.W.);
THENCE North 89°30'18" West, along said proposed south xight-of way line, a distance
of 130,00 feet to a set 1/2 inch iron rod with GAI cap fox corner, for the beginning of a
tangent curve to the left having a radius o� 564.50 feet, a central angle of 11°13'18", and a
long chord which bears South 84°53'03" West, 110,38 feet;
THENCE along said proposed souih right-of-way line and along said tangent curve to the .
left, an arc distance of 110.56 feet to a set 1/2 inch iron rod with GA.I cap for corner;
EXHIBIT A- to Ordinance (Property Interests)
Page S oi 5
THENCE South 79°16'24" West, continuing along said proposed south right-of-way line,
a distance of 88.52 feet to a set 1/2 inch iron rod with G.AI cap for cornex, said point
being the most n.ortherly point of a corner-clip;
THENCE South 34°16'24" West, leaving said proposed south right-of way line, and
along said corn.er-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 easf right-of way line of Bonnie Brae Street
(having a variable width R.O,W,);
THENCB South 10°43'36" East, along said proposed east right-of-way line, a distance of
97.31 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beginning of a
tangent curve to the right ha�ing a radius of 2347.50 feet, a central angle of 10°43'36",
an.d a long choxd which bears South 05°21'48" East, 438.85 feet;
THENCE continuing along said proposed east right-of-way line, and along said tan:gent
curve to the right, an arc distance of 439.49 feet to a set 1/2 inch iron rod with GAI cap
for corner;
THENCE South 00°00'00" West, continuing along said proposed east right-of-way line, a
distance of 1163.09 feet to a set 1/2 inch iron rod with GAI cap for corner, said point
being in the north line of said Chamberlain tract;
THENCE Noa�th 89°55'12" West, leaving said pxoposed east xight-of-way line, and along
said north line, a distance of 114.64 feet to the POINT OF BEGINr]ING and
CONTAINING 204,477 square feet, �.69 acres of land, more ox less, of which 6,838
square feet of land is being used as roadrvay use and drainage at this time.
�/�`1 /Z°� `
PAGE S OF 2
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P600 S.BdNNIE BRAE
LQT 30, SEC 2 .� >
OUSTIN 6 SHANTEL ��ti,
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2743 S, �ONNIE BRAE
BARBARA SEAL
VOL.4639, PG.1209
D.R,O.C.T.
2835 S. 60NNI� BRAE
BARBARA 5EAL
INST. N0. 2009-36221
C.Fi,D.C.T,
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BASIS OF.BEARING TS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COOFQINATE
SYSTEM, T�XAS NORTH CENTRAL.
PARCEL 25—USE�i
BEING A
3,668 SQ.FT. 0.08 ACRE
UTILITY & SLO E EASEMENT n
SITUATED IN THE A. TOMPK�NS SURVEY,
ABSTRACT N0. 1246, �
DENTON COUNTY, TEXAS GRAPHIC SCALE ��a�oo�
^ Graham Associates,lnc. o so �oo x5o
��G; CONSULTING ENOINEERS � pLANNERS
��� aoo sx ruos aRivs, sui►e eoo DATE: DECEMBER 2011
�auNOroN, �us �aott �et�) e4o-es�s
'IBpE FlRMi F-1101/idPLB RMi IO1E3E-00
Page 2 of 2
EXHIBIT A- to Ordinance (Property Interests)
PARCEL 25-USE-1
LEGAL DESCRIPTION
UTILITY & SLOPE EASEMENT
Being a 0.08 acre tract of land situated in the A. Tompkins Survey, Abstract No.1246,
Denton County, Texas and being a portion of a tract of land conveyed to Harlan
Properties, Inc. as recorded in Volume 4704, Page 1297, Deed Records, Denton County,
Texas, and being more particularly described as follows:
COMMENCING at a found 5/8 inch ixon rod, said point being tha southwest corner of
said Harlan tract, being the southeast corner of a tract of land conveyed to Alfred and
Becky Camp, as recorded in Instrument No. 2410-62292, Deed Records, Denton County,
Texas, and being in the north line a tract of land conveyed to The Cha�mberlain Trust; as
racorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas;
THENCE South 89°55'12" East, along said north line, a distance of 114.64 £eet to a point
for the POINT OF BEGINNING, said point being in the said north line of The
Chaznberlain Trust tract and being in the proposed east right-of-way line of Bonnie Brae
Street (having a variable width R.O.W.);
THENCE North 00°00'00" East, leaving said south line and along said proposed east
riglxt-of-way line, a distance of 244.51 feet to a point fox corner;
THENCE North 90°00'00" East, leaving said proposed east right-of-way line, a distance
of 15.00 feet to a point for cornex;
THENCE South 00°00'00" West, a distance of 244.53 feet to a point for corner, said
point being in the south line of said Harlan tract and being the north line of said The
Chamberlain Trust tract, being a common line;
THENCE Noi�th 89°55'12" West, leaving said proposed east right-of-way line and along
said common line, a distance of 15.00 feet to the POINT OF BEGINNING and
CONTAINING 3,668 square feet, 0.08 acres of land, more or less,
us-��- ,�- �
PAGE 1 OF 3
Ol1ST
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ONNIE BRAE '
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2743 S, BONNIE BRA�
BARBARA S�AL
VOL.4639, PG.1209
D,R,O.C.T.
2835 5. BONNIE BRAE �
BARBAFIA SEAL
INST, N0, 2009-36221
C.R.D.C.T.
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POINT OF
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VOL. 4522, P0. 1936
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VOL. 4704, PG. 1297
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�ASIS OF BEARTNC� I5 NOR7H AMEpTCAN QATUM
OF 1983 (NAD-83) 5TATE PLANE COOR�INATE
SYSTEM, TEXAS NORTH CENTAAL.
PARCEL 25—USE-2
HEING A
10,874 SQ.FT./0.25 ACRE
. UTILITY & SLOPE EASEMENT M„'
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246,
DENTON COUNTY� TE111iS GRAPHIC 9CALE ��=�oo�
^ Graham Assoc(ates,lnc, 0 50 �oo ��o
��� CONSULTING ENOINEEHS �c PLANNERS
t�•l �rtwior�oN��uae o i��'et�i � -�esas
TBPE flRMi F-1191/iBPLS �R� �o�a�e-oo DATE: DECEMBER 2011
7,��ATRTT A _ +n nrrlinance (Pronertv Interests)
PAGE 2 OF 3
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LOT 13, SEC � LOT 14A, S�C 2 � ; �;
RONALD CQRNHLL RONALD CORNEL� � �
SOLAR WAY AtiDITION, SOLAR WAY ACIDITIO� ` i�
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OQSKOdN� ' � DeNAE BICKFORD
' � INST. N0. 20A0-40218
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VOL. 4704, PG. l297
D.R.D,C.T.
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PARCEL 25-5E-2
BEING A
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UTILITY & SLOPE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY
^ Graham Associates,lnc,
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TBPE FlRAIt F-1101/TDPL6 R t 10163E-00
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS
0 50 100 �50
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DATE: DECEMBER 2Q11
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Page 3 of 3
EXHIBIT A- to Ordinance (Property Interests)
PARCEL 25-USE-2
LEGAL DESCRIPTION
UTILITY & SLOPE BASEMENT
Being a 0.25 acre tract of land situated in the A. Tompkins Survey, Abstract No,1246, Denton
County, Texas and being a portion o£ a tract of land conveyed to T�arlan Properties, Inc, as
recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, and being more
particularly described �s follows:
COMMENCING at a faund 5/8 inch iron rod, said point being the southwest corner of said
Haxlan tract, being the southeast corner of a tract of land conveyed to Alfred and Becky Camp,
as recorded in Instrument No. 2010-62292, Deed Records, Denton Connty, Texas, and being in
the north line a tract of land conveyed to The Chamberlain Trust, as recorded in Volume 4522,
Page 1336, Deed Records, Denton County, Texas;
THENCE South 89°55'12" East, along said north line, a distance of l 1.4.64 feet to a point for
corner, said point being in the said north line of The Chamberlain Trust tract and being in the
proposed east right-of-way line of Bonnie Bzae Street (having a variable width R.O.W.);
THENCE North 00°00'00" East, leaving said south line and along said proposed east right-of-
way line, a distance of 291,30 feet to a point for the POINT OF BEGINNING;
THENCE North 00°00'00" East, continuing along said proposed east right-of-way line, a
distance of 713.21 feet to a point for corner;
THENCE North 90°00'00" East, leaving said proposed east right-of-way line, a distance of 15.00
feet to a point for corner;
THENCE South 00°00'00" West, a distance of 736.65 feet to a point for corner;
THENCE North 32°36'45" West, a distance of 27.83 feet to the POINT OF BEGINNTNG and
CONTAINING 10,874 square %et, 0,25 acres oiland, more or less.
03--15�Zd�L
PAGE 1 DF 5
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2743 S. BONNIE BRAE
BARBARA SEAL
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D,R.D.C.T,
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8A5IS OF BEARIN6 IS NORTH AMERICAN �A7UM
OF 1983 (NAD-83) STA7E PLANE COORDINATE
SYSTEM, TEXAS NQATH CENTRAL,
PARCEL 25--USE-3 '
BEING A
10,114 SQ.FT./0.23 ACRE
UTILITY & SLOPE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY
n
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS 6RAPHIC 5CALE 1��100�
^ Graham Associates Inc. 0 50 �oo �50
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PAGE 2 OF 5
204 SOLAR WAY
LQT 13, 3EC 2
RONALD CORNELL
SOLAR WAY ADDITION,
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PARCEL 25--USE-3
BEING A
10,114 SQ.FT./0.23 ACRE
UTILITY & SLOPE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY, n
ABSTRACT N0. 1246,
DENTON COUNTY TEXAS
' � GRAPHTC SCALE f'°100'
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Page 4 of 5
EXHIBIT A- to Ordinance (Property Interests)
PARC�L 25-USE-3
LEGAL DESCRIPTION
UTILITY & SLOPE EASEMENT
Being a 0.23 acre tract of land situated in the A, Tompkins Survey, Abstract No.1246, Denton
County, Texas and being a portion of a tract of land conveyed to Harlan Properties, Inc. as
recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found S/8 inch iron rod, said point being the souihwest corner of said
Harlan tract, being the southeast corner of a tract of land conveyed to Alfred and Becky Camp,
as recorded in Instrument No. 2010-62292, Deed Records, Denton County, Texas, and being in
the north line a tract of land conveyed to The Chamberlain Trust, as recorded in Volume 4522,
Page 1336, Deed Records, Denton County, Texas;
THENCE South 89°55'12" East, along said north line, a distance of 11�4.64 feet to a point for
corner, said point being in the said north line of The Chamberlain Trust tract and being in the
proposed east right-of way line of Bonnie Brae Street (hav.ing a variable width R.O.W.);
THENCE North 00°00'00" East, leaving said south line and along said proposed east right-of-
way line, a distance of 1034.51 feet to a point for the POINT OF' BEGINNING;
THENCE Norkh 00°00'00" East, continuing along said proposed east right-of-way line, a
distance of 128.58 %et to a point for corner, for the beginning of a tangent curve to the left
having a radius of 2347.50 feet, a central angle of 10°43'36", and a long chord which bears North
OS°21'48" West; 438.85 feet;
THENCE continuing along said proposed east right-of-way line and along said tangent curve to
the left, an arc distance of 439.49 feet to a point %r corner;
THENCE North 10°43'36" West, continuing along said proposed east right-of-way 1ine, a
distance of 97.31 feet to a point £or corner, said point being the southwest corner o:F a corner-clip
of the intersection said proposed east right-of way line of Bonnie Brae Street and the proposed
south right-of-way line of Highland Park Road (having a variable width R.O.W.);
THENCE North 34°16'24" East, along said corner-clip, a distance o� 21.21 feet to a point for
corner;
THENCE South 10°43'36" East, leaving said corner-clip, a distance of 1.12.31 feet to a point £or
corner, fox the beginning oi a tangent curve to the right having a radius of 2362.50 feet, a central
angle of 10°43'36", and a long chord which bears South OS°21'48" East, 441,65 feet;
THENCE along said tangent curve to the right, an arc distance of 442.30 feet to a point for
corner;
THENCE South 00°00'00" West, a distance of 128.58 feet to a point for corner;
EXHIBIT A- to Ordinance (Property Interests)
Page 5 of 5
THENCE North 90°00'00" West, a distance of 15.00 £eet to the POINT OF BEGINNING and
CONTATNING 10,114 square feet, 0,23 acres of land, more or less.
PAGE 1 OF 2
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LOT 30, SEC 2 .��5'
DUSTIN & SHANTEL
BARBER k�
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2743 S, BONNIE BRAE
BARBARA SEAL
VOL.4639, PG,�209
D,R.D.C,T,
2835 S. BONNIE BRAE
BARtlARA SEAL
TNST. N0, 2009-36221
C.R.D,C.7.
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BASIS OF BEARING IS NORTH AM�RXCAN DATUM
OF 1983 (NAO-83) STATE PLANE COORDINA7E
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PARCEL 25-UDE--1
BEING A
623 SQ.FT./0.01 ACRE
UTILITY & DRAINAGE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N�. 1246,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
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Page 2 of 2
EXHIBIT A- to Ordinance (Property Interests)
PARCEL 25-UDE-1
LEGAL DESCRIPTION
UTILITY & DRAINAGE EASEMENT
Being a 0.01 acre tract of land situated in the A. Tomplcins Survey, Abstract No.1246, Denton
County, Texas and being a poi�tion of a tract of land conveyed to Harlan Propei�ties, Inc. as
recorded in Volutzie 470�, Page 1297, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found 5/8 inch iron xod, said point being the southwest coz-aer of said
Harlan t�ract, being the southeast coi�n.er of a tract of land conveyed to Alfred and Becky Camp,
as recorded in Instrument No. 2010�62292, Deed Records, Denton County, Texas, and being in
the north line a tract of land conveyed to The Chamberlain Tzust, as xecorded in Volume 4522,
Page 1336, Deed Records, Denton County, Texas;
THENCE South 89°55'12" East, along said north 1ine, a distance of 11�4.64 feet to a point for
coxner, said point being in the said noz�th lin.e of The Chaxnberlain Trust tract and beirzg in the
proposed east xight-of-vvay line of Bounie Brae Street (having a variable width R.O.W.);
THENCE North 00°00'00" East, leaving said souih line and along said proposed east �ight-of-
way line, a distance of 244.51 feet to a poin.t fox the POINT OF BEGINNING;
THENCE North 00°00'00" East, continuing along said proposed east right-of way line, a
distance of 46.79 �eet to a point for cornex;
THENCE South 32°36'45" East, lea�i'ng said proposed east right-of way line, a distance of 37.1.1
feet to a point fox corn.er;
THENC$ South 00°00'00" West, a distance of 15.53 feet to a point for corner;
THENCE North 90°00'00" West, a distance of 20.00 feet to the POINT OF BEGINNING and
CONTAINING 623 square feet, 0.01 acres of land, more or less.
PAGE 1 OF 3
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2743 S. BONNIE BRAE
BARBARA SEAL
VOL.4639, PG,]209
D,R.D.C,T,
2835 S. 60NNIE BRAE
BARBARA SEAL
INS7, N0. 2009-36221
C.R.D.C.7.
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PARCEL 25-UDE-2
BEING A
600 SQ.FT./0.01 ACRE
UTILITY & DRAINAGE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS
^ Graham Associates,lnc.
/(,� CONSULTINO EN(31NEERS � PUNNERS
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p 50 100 150
DATE: SEPTEMBER 2012
J/Oenton/P25-UDE-2
EXHIBIT A- to Ordinance (Property Interests)
PAGE 2 OF 3
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SOLAR WAY AOOITION, � ,�
SECTION TWO ,
� 2673 S, �ONNIE BRAE
�Z�(S�N� ' � DeNAE BICKFORD
� INST. N�. 2010--40218
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HARLAN PROPERTIES, TNC.
VOL. 470A, PG, 1297
D.R.D,C.T.
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BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAQ-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL,
PARCEL 25—UDE-2
BEING A
600 SQ.FT./0.01 ACRE
UTILITY & DRAIN'AGE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY, �
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS GRAPHIC SCALE ��G�oo�
^ Graham Associdtes,lnc. 0 50 �oo �50
���� CaNSULTINO ENGINEERS Ec PUWNERS
`��) �N���� ��`�(��)� e,�� DATE; SEPTEMBER 2012
7HPE FlRMi F^11Yt/i6PLS FiRA(: 101630-00
J/Denton/P25-U�E-2
Page 3 of 3
EXHIBIT A- to Ordinance (Property Interests)
PARCEL 25-UDE-2
LEGAL DESCRIPTION
UTII,ITY & DRAINAGE EASEMENT
Being a 0.01 acre tract of land situated in. the A. Toax�pkins Survey, Abstaact No.1246, Denton
County, Texas and being a portion of a tract of land conveyed to Harlan Propei�ties, Inc. as
recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMNIENCING at a found 5/8 inch iron rod, said point being the southwest corner of said
Harlan tzact, being the southeast corner of a tract of land conveyed to Alfied and Becicy Camp,
as recorded in Instrunaent No. 2010-62292, Deed Records, l7enton County, Texas, and being in
the north line a tract of land conveyed to The Chamberlain Trust, as recorded in Volume 4522,
Page 1336, Deed Records, Denton County, Texas;
THENCE South 89°55'l2" East, along said north line, a distance of 114.64 feet to a point for
corner, said point being in the said north line of The Chamberlain Trust tract and being in the
proposed east xight-of-way line of Bonnie Brae Street (having a variable width R.O.W.);
THENCE North 00°00'00" East, lea�ving said south line and along said proposed east right-of
way line, a distance of 1004.51 feet to a poini for the POINT OF BEGINNING;
THENCE North 00°00'00" East, continuing along said proposed east right-of-way line, a
distance of 30.00 feet to a point for corner;
THENCE North 90°00'00" East, leaving said proposed east right of way line, a distance of 20.00
feet to a point for corner;
THENCE South 00°00'00" West, a distance of 30.00 feet to a point for corner; �
THENCE North 90°00'00" West, a distance of 20.00 feet to the POTNT OF BEGINNTNG and
CONTAINING 600 squaxe feet, 0.01 acxes of land, moxe or less.
OR/f 7��'�t.-
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 Harlan Properties, Inc,, a Texas
corporation (the "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Harlan Properties, Inc. 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 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 good and valuable consideration, the receipt and adequacy of
which is hereby acicnowledged, 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 depicted and described in Exhibit "A", to that certain Special
Warranty Deed (the "Fee Lands"), 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 depicted and 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; and (iii) a Utility and
Drainage Easement (herein so called), in, along, upon, under, over and across the tract of land
being depicted and described in Exhibit "A", to that certain Utility and Drainage Easement (the
"Utility and Drainage Easement Lands"), attached hereto as Attachment 3 and made a part
hereof, for utility and drainage purposes, as more particularly described therein (the Utility and
Slope Easement Lands and the Utility and 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 Slope Easement shall be in the form
and upon the terms as attached hereto and incorporated herein as "Attachment 2"; and (iii) the
Utility and Drainage Easement shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 3" (the Utility and Slope Easement and the Utility and
2
Drainage 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 itself, its
successors and assigns all oil, gas and other minerals in, on and under and that may be produced
from the Fee Lands. Owner, its 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 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 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).
3
As used herein, the term "surface of the Fee Lands" 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,
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 Fifty Thousand One
Hundred Sixty Three and No/100 Dollars ($150,163.00). The monetary compensation
prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation".
3. 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 Easements, 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 10, below,
However, if the Encumbrances are not cured as provided herein, City has the option of (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.
4
4. Owner stipulates that the Total Monetary Compensation payment 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 kind
located within the Easement Lands related to activities conducted pursuant to the Easements,
interference with Owner's activities on the Easement Lands caused by or related to activities
within the scope of the rights granted by the Easements, whether accruing now or hereafter, and
Owner hereby releases for itself, its successors and assigns, City, it's officers, employees, elected
ofiicials, 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.
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
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"). 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.
6. 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
5
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 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.
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 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.
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 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.
11. 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,
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:
7
OWNER:
CITY:
Harlan Properties, Inc. City of Denton
Paul Williamson
Telecopy: 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
12. 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.
13. Owner represents and warrants to City that (i) it has corporate power to execute and perform
under this Agreement; and (ii) it has taken all actions necessary to authorize the execution and
delivery of 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 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,
16. Authority to talce any actions that are to be, or may be, talcen by City under this Agreement,
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 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
, �
BY: ��°`°� �. ��.:�
Date: �� �� �� , 2012
�
Owner: Harlan Properties, Inc., a Texas corporation
By; _
Name;
Title:
Date: _, 2012
10
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 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 fui�ther 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
11
s:\legal\our documents\contracts\12�harlan properties special warranty deed.dOC
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 HARLAN PROPERTIES, INC,, a Texas corporation (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 depicted and 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 itself, its
successors and assigns all oil, gas and other minerals in, on and under and that may be
produced from the Property. Grantor, its 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 tanic 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 Property; and (ii) all substances 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, through or under Grantor, but not
Page 2 of 3
otherwise
EXECUTED the day of , 2012.
Harlan Properties, Inc., a Texas corporation
By: _
Name:
Title:
THE STATE OF §
COUNTY OF §
This instrument was acicnowledged before me on , 2012 by
, of Harlan Properties, Inc., a Texas
corporation, on behalf of said corporation.
Notary Public, State of Texas
My commission expires:
Page 3 of 3
PAG� 1 OF 5
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2600 S,BONNIE BRAE � �
LOT 30, SEC 2 ,� y'
DUSTIN & SHANTEL �.,�
BARBER
SOLAR WAY AODI7TON �,q�r �
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EXHIBIT A- to Special Warranty Deed
2743 S, 60NNIE BRAE
BAHBARA SEAL
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D.R.D.C,T.
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B�SIS OF BEARING TS NOR7H AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 25—ROW-1
BEING A
204.477 SQ.FT. /4.69 ACRE
OF WHICH 6,838 SQ. FT. LIES
EXISTING RIGHT--OF=WAY OF BONNIE
SITUATED IN THE A. TOMPKINS
ABSTRACT N0. 1246,
Graham Associates Inc. DENTON COUNTY, TEXAS
. CONSULTINO ENOINEERS dc PI.�NNERS
ODO SIX Fi.AQS �RIVE. SUITE bOD
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GRAPHIC SCALE 1'=500'
50 f00 150
DATE; SEPTEMBER 2012
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PAGE 2 OF 5
204 50LAR WAY
LOT ]3, SEC 2
RONALD CORNELL
SOLAR WAY A�DITION,
SECTIQN TWO
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LO7 29, SEC 2
MARY SUE STEWART
SOLAR WAY ADDTTION,
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SEE SHEET 1
BASIS OF BEARING TS NORTH AMERTCAN DA7UM
OF 1963 (NAb-83) STATE PLAN� COORDINATE
SYS7EM, TEXAS NORTH CENTRAL.
PARCEL 25—ROW--1
BEING A
204,477 SQ.FT./4.69 ACRE
OF WHICH 6,838 SQ. FT. LIES
EXISTING RIGHT—OF—WAY OF BONNIE
SITUATED IN THE A. TOMPKINS
ABSTRACT N0. 1246,
� Graham Associdtes,lnc. DENTON COUNTY, TEXAS
CONSULTING ENGINEERS A� PUNNERS
e00 Slx FLAttS RPoVE, sUITE s0o
ARLINOTON, TDUS 76011 01 dW^BS38
7HPE FlRAIt F-11o1/TBPIS � 101636-DD
WITHIN
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0 50 100 150
QA7E: SEPTEMBER 2012
PAGE 3 OF 5
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CHRISTOPHER M, WATTS
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D.R.O.C.T.
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CAB. H, PG. 44 � �
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LOT 3A
JOHN P. DANSBY
VOL. 1554, PG. 969
D.R.D,C,T.
201 SOLAR WAY
LOT 3B, SEC 2
MARIEL-� -R7cY —
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VOL. 4704, PG. 1297
D,R,D.C,T.
A= 10'43'36"
R=2347.50'
T=220.99'
L=439.49'
Cb=S05'21' 48"E
Lc=438.85'
PARCEL 25--ROW-1
BEING A
204,477 SQ.FT./4.69 ACRE
OF WHICH 6,838 SQ. FT. LIES
EXISTING RIGHT-OF-WAY OF BONNIE
SITUATED IN THE A. TOMPKINS
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
■ CONSULTING HNGINEfRS dc PUNNERS
600 61X FLAGS PRIVE� SUI7E 600
Ni�1NO7oN. 7oUS 7�Mt� (et7� e4o-es3s
TBPE FlRAIt f-11p1 FIRA( 10163B-OD
NO7E: SE7 1/2" I.R, W/ GAT CAP TO
BE SET AT END OF CONSTRUCTTON.
BASIS OF BEARING IS NORTH AMERICAN bA7UM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SY57EM, 7EXA5 NOR7H CENTRAL.
WITHIN
BRAE STREET
SURVEY, n
ORAPHIC 9CALE i'=i00'
0 50 f00 150
DATE: SEPTEMBER 2012
.�/umiw�i/rcu-nuw-•
Page 4 of S
EXHIBIT A- to Special Warranty Deed
PARCEL 2S-ROW-1
LEGAL DESCRIPTION
Being a 4.69 acre tract of land situated in the A. Torr�pkins Survey, Abst�act No.1246,
Denton County, Texas and being a poi�tion of a tract of land conveyed to Harlan
Pa•operties, Tnc. as recorded in Volume 4704, Page 1297, Deed Records, Denton County,
Te�as, and being more particularly described as follows;
BEGTNNING at a found 5/8 i:nch iron rod, said point being the southwest corner of said
Harlatz tract, being the southeast cornex of a tract of land conveyed to Alfred and Becky
Camp, as recorded in Instrument No. 2010-62292, Deed Records, Denton County, Texas,
and being in the north line a tract of land conveyed to The Chamberlain Trust, as
xecorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas;
THENCE North 00°16'23" East, leaving said no��th line and along the east line of said
Camp tract, a distance of 333.08 feet to a point.for corner, said point being the noi�theast
co�mex of said Canap tract;
THENCE North 00°24'00" West, along the west line of said Harlan tract, a distance of
689.67 feet to a point for coxner, said point being in the existing east right-of-way line of
Boruue Brae Street (having a variable width R.O,W.);
THENCE Noi�th 00° 19'42" East, along said west line and along said existing east right-
of way line, a distance of 760.24 feet to a point for corner, said point being in the
approximate centerline of Highland Park Road (having a variable width R.O.W.), and
being the northwest coz�.er of said Harlan tract;
THENCE South 89°30'18" East, leaving said existing east �ight-of-way line, along the
north line of said Harlan tract, and along said approximate centerline, a distance of
397.54 feet to a point for corner;
THENCE South 00°29'42" West, leaving said approximate centerline, a distance of 35,50
feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed
south right-of-way lixae of Highland Park Road (having a variable width R.O.W.);
THENCE North 89°30'18" West, along said proposed south xight-of way line, a distance
of 130.00 feet to a set 1/2 inch iron rod with GAI cap for corner, far the beginning of a
tangent cuive to the left having a radius of 564.50 feet, a central angle of 11°13'18", and a
long chord which bears South 84°53'03" West, 110,38 feet;
THENCE along said proposed south right-of-way line and along said tangent curve to the
left, an arc distance of 110.56 feet to a set 1/2 inch ixon rod with GAI cap for coi�ner;
EXHIBIT A- to Special Warranty Deed
Page 5 of S
THENCE South 79°16'24" West, continuing along said proposed south right-of-way line,
a distance of 88.52 feet to a set 1/2 inch ixon xod with G.A.� cap for cornex, said point
being the most northexly point of a corner-clip;
THENCE South 34°16'24" West, leaving said proposed south right-of way line, and
along said coxner-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 east right-of way line of Bonnie Brae Street
(having a variable width R.O.W,);
THENCE South 10°43'36" East, along said proposed east right-of-way line, a distance of
97.31 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beginning of a
tangent curve to the right having a radius of 2347.50 feet, a central angle of 10°43'36",
an.d a long chord which bears South OS°21`48" East, 438.85 feet;
THENCE continuing along said proposed east right-of-way lixze, and along said tat�gent
curve to the right, an arc distance of 439.49 feet to a set 1/2 inch iron rod with GAI cap
for cornex;
THENCE South 00°00'00" West, continuing along said proposed east right-of-way line, a
distance of 1163.09 feet to a set l/2 inch iron xod with GAI cap for corner, said point
being in the north line of said Chamberlain tract;
THENCE Noa�th 89°55'12" West, leaving said proposed east xight-of way line, and along
said north line, a distance of 114.64 feet to the POINT OF BEGINNING and
CONTAINING 204,477 square feet, 4.69 acres of land, more ox less, of which 6,838
square feet of land is being used as roadway use and drainage at this time.
�/�7 �2���
s:\legal\our documents\contracts\12U�arlan properties utility and slope easement.doc
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 Harlan Properties, Inc., a Texas corporation ("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, 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 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 DEPICTED AND 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, worlcmen and representatives,
for the purposes set forth herein, including without limitation, the malcing additions to,
improvements on and repairs to said facilities, 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 kind, 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 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 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.
2
Grantor:
Harlan Properties, Inc,,
a Texas corporation
By: _
Name:
Title:
Date: , 2012.
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2012 by
of Harlan Properties, Inc., a Texas
corporation, on behalf of said corporation.
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.
3
PAGE 1 OF 2
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i LOT 30, SEC P i
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SOLAR WAY ADDITION �qf �
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EXHIBIT A- Utility and Slope Easement Tract 1
2743 S, BONNIE BRAE
BARBAAA SEAL
VOL.4639, PG,1209
D,R,O,C,T.
2835 S. 60NNI� BAAE
BARBARA 5EAL
INST, N0. 2009-36221
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BASIS OF.BEARING TS NORTH AMERICAN ❑ATUM
OF 1983 (NAD-83) STATE PLANE COORQINATE
SYSTEM, TEXAS NOFTH CENTRAL.
PARCEL 25—USE—i
BEING A
3,668 SQ.FT./0.08 ACRE
UTILITY & SLOPE EASEMENT �
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246, �
DENTON COUNTY, TEXAS GRAPHIC SCALE ����ao�
■^ Graham Associates,inc.
CONSULTING ENOINEfRS �C PLANNERS o 5o too i5o
��+ utuNOr�oN���.XA�sa ott��'e�j� -�es�s
taPE �M� F—��o�/reP�s �RMt �o�a�a—oo DATE: DECEMBER 2011
J/penton/P25-USE-i
Page2of2
EXHIBIT A- Utility and Slope Easement Tract 1
PARCEL 25-USE-1
LEGAL DESCRIPTION
UTILITY & SLOPE EASEMENT
Being a 0.08 acre tract of land situated in the A. Tompkins Survey, Abstract No.1246,
Denton County, Texas and being a portion of a tract of land conveyed to Harlan
Properties, Inc, as recorded in Volume 4704, Page 1297, Deed Records, Denton County,
Texas, and being more particularly described as follows:
COMMENCING at a found S/8 inch iron rod, said point being the southwest corner of
said Harlan tract, being the southeast corner of a tract of land conveyed to Alfred and
Becky Camp, as recorded in Instrument No. 2010-62292, Deed Records, Denton County,
Texas, and being in the north line a tract of land conveyed to The Chamberlain Trust, as
recarded in Volume 4522, Page 1336, Deed Records, Denton County, Texas;
THENCE South 89°55'12" East, along said north line, a distance of 114.64 feet to a point
for the POINT OF BEGINNiNG, said point being in the said north line of The
Chamberlain Trust tract and being in the proposed east right-of-way line of Bonnie Brae
Street (having a variable width R.O.W.);
THENCE North 00°00'00" East, leaving said south line and along said proposed east
right-of-way line, a distance of 244.51 feet to a point for corner;
THENCE No��th 90°00'00" East, leaving said proposed east right-of-way line, a distance
of 15.00 feet to a point for corner;
THENCE South 00°00'00" West, a distance of 244.53 feet to a point for corner, said
point being in the south line of said Harlan tract and being the north line of said The
Chamberlain Trust tract, being a common line;
THENCE Noi�th 89°55'12" West, leaving said proposed east right-of-way Iine and along
said common line, a distance o� 15.00 feet to the POINT OF BEGINNING and
CONTAINING 3,668 square feet, 0.08 acres of land, more or less.
0 b' r 5 ��° •�--
PAGE 1 OF 3
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P600 S,BONNI� BRAE
LOT 30, SEC � ,`li �
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SOLAR WAY ADDITION �,� ;
5ECTION TWO
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2743 5, BONNIE BRAE
BARBARA S�AL
VOL,4639, PG,1209
D.R,D,C.T,
2835 S. BpNNIE BRAE
BARBAFIA SEAL
INST, N0. 2009-36221
C.R.p.C.T.
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BASIS OF BEARTNG IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE f'LANE COORDINATE
SYSTEM, TEXAS NORTH CENTRA�,
PARCEL 25-USE-2
HEING A
10,874 SQ.FT./a.25 ACRE
UTILITY & SLOPE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY,
. ABSTRACT N0. 1246,
DENTON COUNTY, TE�AS
� Graham Assoaiates,lnc.
■ CONSULTING ENQINEERS �c PLANNERS
E00 SI% FLAfi3 DRIVE, SUI'IE 600
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7BPE flRM� F-11Y1/iBPIS RMt 10163a-00
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GqAPHIC 3CALE 1'=f00'
50 100 150
DATE; DECEMBER 2011
J/Oenton/P25-USE-�
PAGE 2 OF 3
204 50LAR WAY
LOT 13, SEC 2
RONALD CORNELL
SOLAR WAY ADOITION,
5EGTION TWO
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LOT 29, SEC 2
MARY SUE STEWART
SOLAF WAY AOpITION,
S�CTION TWO
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VOL, 4704, PG. 1297
D.R.D,C,T.
N90 '00' 00 "E
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PARCEL 25--5E--2
BEING A
10,874 SQ.FT./0.25 ACRE
UTILITY & SLOPE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
CONSULTING ENaINEENS dc PUNNERS
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Page 3 of 3
EXHIBIT A- Utility and Slope Easement Tract 2
PARCEL 25-USE-2
LEGAL DESCRIPTION
UTILITY & SLOPE EASEMENT
Being a 0.25 acre tract of land situated in the A. Tompkins Survey, Abstract No,1246, Denton
County, Texas and being a portion of a tract of land conveyed to Harlan Properties, Inc, as
recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, and being znore
particularly desci7bed as follows:
COMMENCING at a found 5/8 inch iron rod, said point being the southwest corner of said
Haxlan tract, being the southeast corner of a tract of land conveyed to Alfred and Becicy Camp,
as recorded in Instrument No. 2010-62292, Deed Records, Denton County, Texas, and being in
the north line a tract of land conveyed to The Chamberlain Trust, as recorded in Volume 4522,
Page 1336, Deed Records, Denton County, Texas;
THENCE South 89°55'12" East, along said north line, a distance of 114.64 £eet to a point for
corner, said point being in the said north line of Tha Chamberlain Trust tract and being in the
proposed east right-o%way line of Bonnie Brae Stxeet (having a variable width R.O.W.);
THENCE North 00°00'00" East, leaving said south line and along said proposed east right-o%
way line, a distance o:f 291,30 feet to a point for the POINT OF BEGINNING;
THENCE North 00°00'00" East, continuing along said proposed east right-of-way line, a
distance of 713.21 feet to a point for cornex;
THENCE North 90°00'00" East, leaving said proposed east rigl�t-of way line, a distance of 15.00
feet to a point for corner;
THENCE South 00°00'00" West, a distance of 736.65 feet to a point for corner;
THENCE North 32°36'45" West, a distance of 27.83 feet ta tha POINT OF BEGINNTNG and
CONTAINING 10,874 square feet, 0,25 acres of land, more or less.
03-15�zd1�.
PAGE 1 OF 5
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LOT 30, SEC 2 �.���i
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8743 S. 80NNIE BRAE
BARBARA 5EAL
VOI., 4639, PG, 1209
D.R.D.C,T.
2835 S. BONNIE BRAE
BARBARA SEAL
TNST. N0. 2009-36229
C.R.D.C.T.
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BASIS OF BEARIN6 IS NORTH AMERICAN �A7UM
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PARCEL 25—USE-3 '
BEING A
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UTILITY & SLOPE EASEMENT n
SITUATED IN THE A. TOMPKINS SURVEY,
AHSTRACT N0. 1246,
DENTON CbUNTY, TEXAS GRAPHIC SCALE �•��oo�
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PAGE 2 OF' 5
204 SOLAR WAY
LOT 13, SEC 2
pONALD CORNELL
SOLAP WAY ADDITION,
SECTION TWO
EXHIBIT A- Utility and Slope Easement Tract 3
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SITUATED IN THE A. TOMPKINS SURVEY, n
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS GRAPHIC SCALE s•n�oo�
^ Graham Associates,lnc.
0fc� CONSULTINO ENGINEERS AC PLANNERS 0 50 100 i50
eoo s�x Fuos �Ri�e(, surre soo
��J 'HPE flRMi v iie��Pis �leRMi �01�6'J��oo DATE: DECEMBER 2011
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EXHIBIT A- Utility and Slope Easement Tract 3
PAGE 3 OF 5
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VOL. 5102, PG. 2398
D.R.D.C,7.
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LO7 3A
JOHN P, DANSBY
VOL. 1554, P6. 969
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LOT 38, SEC 2
MAR I EL � .RA.`L_� ,_
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SOLAR WAY AD�I,IS�N� ^
SECTION TWO
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VOL, 4437, PG, 2213
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D,R,D,C,T.
Q� 10 '43' 36"
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BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) S7AT� PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 25--USE-3
BEING A
10,114 SQ.FT./0.23 ACRE
UTILITY & SLOPE EASEMENT
STTUATED IN THE A. TOMPKINS SURVEY, n
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS
GpAPHIC SCALE f'=100'
^ Graham Associates inc.
`��� CANSULTING ENGINEERS dc PI.�NN6RS o 50 i0o 150
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�uNOroN, rEw,s �no�t (et� e4o-esae DAT�. DECEMBER 2011
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J/ De n t o n/F'2b-u5t-:�
Page 4 of 5
EXHIBIT A- Utility and Slope Easement Tract 3
PARCEL 25-USE-3
LEGAL DESCRIPTION
UTILITY & SLOPE EASEMENT
Being a 0.23 acre tract of land situated in the A, Tompki�is Survey, Abstract No.1246, Denton
County, Texas and being a portion of a tract of land conveyed to Harlan Properties, Inc, as
recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found S/8 inch iron rod, said point being the southwest corner of said
Harlan tract, being the southeast corner of a tract of land conveyed to Alfred and Becky Camp,
as recorded in Instrument No. 2010-62292, Deed Records, Denton County, Texas, and being in
the north line a tract of land conveyed to The Chamberlain Trust, as recorded in Volume 4522,
Page 1336, Deed Records, Denton County, Texas;
THENCE South 89°55'12" East, along said n.orth line, a distance of 114.64 feet to a point for
corner, said point being in the said north line of The Chamberlain Trust tract and being in the
proposed east right-of-way line of Bonnie Brae Street (having a variable width R.O.W,);
THENCE North 00°00'00" East, leaving said south line and along said proposed east right-of-
way line, a distance of 1034.51 feet to a point for the POINT OF' BEGINNING;
THENCE Nortb. 00°00'00" East, continuing along said proposed east right-of-way line, a
distance oi 128.58 feet to a point for coi�er, for the begiruling bf a tangent curve to the le$
having a radius of 2347.50 feet, a central angle of 10°43'36", and a long chord which bears North
OS°21'48" West; 438.85 feet;
THENCE continuing along said proposed east right-of-way line and along said tangent curve to
the left, an arc distance of 439.49 feet to a point %r corner;
THENCE North 10°43'36" West, continuing along said proposed east right-of-way line, a
distance of 97.31 feet to a point for corner, said point being the southwest corner of a corner-clip
of the intersection said proposed east right-of way line of Bonnie Brae Stxeet and the proposed
south right-of-way line of Highland Park Road (having a variable width R,O,W.);
THENCE North 34°16'24" East, along said corner-clip, a distance of 21.21 feet to a point for
corner;
THENCE South 10°43'36" East, leaving said corner-clip, a distance of 112.31 feet to a point for
cornex, for the beginning of a tangent curve to the right having a radius of 2362.50 feet, a central
angle of 10°43'36", and a long chord which bears South OS°21'48" East, 441,65 feet;
THENCE along said tangent cuxve to the right, an arc distance of 442.30 feet to a point far
corner;
THENCE South 00°00'00" West, a distance of 128.58 feet to a point for corner;
� EXHIBIT A- Utility and Slope Easement Tract 3
Page 5 of 5
THENCE North 90°00'00" West, a distance of 15.00 £eet to the POINT OF BEGINNTNG and
CONTAINING 10,114 square feet, 0.23 acres of land, more or less.
s:\legal\our documents\contracts\12Viarlan properties utility and drainage easement.doc
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.
UTILITY AND DRAINAGE EASEMENT
THE STATE OF TEXAS,
.
CKllll►`Y 11'LI] � 17 �1►`Y ICI)►`I
KNOW ALL MEN BY THESE PRESENTS:
THAT Harlan Properties, Inc., a Texas corporation ("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, 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 A.
Tomplcins Survey, Abstract Number 1246, to wit:
PROPERTY DEPICTED AND 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, 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, worlcmen and representatives,
for the purposes set forth herein, including without limitation, the malcing additions to,
improvements on and repairs to said 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
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 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 Propei�ty 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 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:
2
Harlan Properties, Inc.,
a Texas corporation
By: _
Name:
Title:
Date: , 2012.
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on , 2012 by
, of Harlan Properties, Inc., a Texas
corporation, on behalf of said corporation.
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- ).
:
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
2600 S.BONNTE BRAE / ��
LOT 30, SEC 2
DUSTIN 6 SHANTEL �,�
SOLAR WAY ADDITION, ,y+ ;
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2743 S, BONNIE BRAE
BARBARA SEAL
VOL.4639, PG,]209
D.R,D,C,T.
2835 S. BONNIE BRAE
BARBARA SEAL
INST. N0, 2009-36221
C.R.O.C.7.
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D.R.D.C.T.
POINT OF
COMMENCING
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THE CHAMBEFLAIN TRUST
VOL. 4522, PG, l336
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VOL. 470A, P6. 1297
D,R,b.C,T.
S32 '36' 45"E
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BASIS OF BEARING IS NORTH AMERTCAN DATUM
OF A883 (NAD-83) STATE PLANE CdORDINA7E
SYSTEM, TEXAS NORTH CEN7RAL.
PARCEL 25-UDE--1
BEING A
623 SQ.FT./O.Q1 ACRE
UTILITY & DRAINAGE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY,
,ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS
^ Graham Associates,lnc.
��� CONSUI.TING ENOINEERS a PUNNERS
eoo ex fuos o�av�, su�� 600
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GRAPHIC SCALE 1'=100'
1 50 f00 150
QATE; SEPTEMBEA 2012
J/Denton/P25-UDE-i
Page 2 of 2
EXHIBIT A- Utility and Drainage Easement Tract 1
PARCEL 25-UDE-1
LEGAL DESCRIPTION
UTILITY & DRAINAGE EASEMENT
Being a 0.01 acre hact of land situated in the A. Tomplcins Survey, Abstract No.1246, Denton
County, Texas and being a poi�tion of a tract of land conveyed to Harlan Properties, Inc. as
recorded in Volume 4704, Page 1297, Deed R.ecords, Denton County, Texas, and being moxe
particularly described as follows:
COMIVIENCING at a found 5/8 inch iron rod, said point being the southwest co�ner of said
Harlan i�act, being the southeast cozner of a tract of land conveyed to Alfred and Becky Camp,
as recorded in Instrument No. 2010-62292, Deed Records, Denton County, Texas, and being in
the north line a ti�act of land conveyed to The Chamberlain Trust, as recorded in Volume 4522,
Page 1336, Deed Records, Denton County, Texas;
THENCE South 89°55'12" East, along said north 1ine, a distance of 114.64 feet to a point for
corner, said point being in the said north line of The Chambexlain Trust tract and being in the
proposed east right-o:f way line of Bonnie Brae Street (having a variable width R.O.W.);
THENCE North 00°00'00" East, leaving said south line ar�d along said p�oposed east right-of-
way lin.e, a distance of 244.51 feet to a point fox the POIl�1T OF BEGINNING;
THENCE North 00°00'00" East, continuing along said proposed east xigl�t-of-way line, a
distance of 46.79 feet to a point for coznex;
THENCE South 32°36'45" East, leaving said proposed east right-of way lzne, a distance of 37.11
feet to a poin.t fox cornex;
THENC$ South 00°00'00" West, a distance of 15.53 feet to a point for corne�;
THENCE North 90°00'00" West, a distance of 20.00 feet to the POINT OF BEGINNING and
CONTAINING 623 square feet, 0.01 acres of land, more or less.
PAGE 1 OF 3
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DUSTIN 6 SHANTEL
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EXHIBIT A- Utility and Drainage Easement Tract 2
2743 S. BONNIE BRAE
BARBARA SEAL
VOL.4639, PG.�209
D,R.D.C.T,
2835 S, BONNIE BRAE
BARBARA SEAI.
INST. N0. 2009-36221
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VOL, 4704, PG. 1297
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BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 25-UDE-2
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UTILITY & DRAINAGE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY, n
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS
GRAPHIC 9CALE !'=f00'
. Graham Associates Inc.
CONSULTINO ENOINEERS Ac PLI�NN6RS o 50 10o i5o
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,u�uHOrot�, rous �emt et ao-es�s DATE: SEPTEMBER 2012
TB('E FlR11: F-11D1/TBPL3 , : 101639-00
J/Denton/P25-UDE-2
EXHIBIT A- Utility and Drainage Easement Tract 2
PAGE 2 OF 3
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RONALD CORNELL RONALD CORNELL i � �
SOLAR WAY ADDITION, SOLAF WAY AOOT7�N; ` �
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BASI5 OF BEARING I5 NORTH AMERICAN DATUM
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PARCEL 25-UDE-2
BEING A
600 SQ.FT./0.01 ACRE
UTILITY & DRAINAGE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS
� Grah�m Associates,lnc.
■ CONSULTiNG ENOINEERS Dc PLANN&RS
eoo s�x Fuos oravs. suih aoo
�uHOrorr. �xtis �emt (m�) e4o—naas
TBPE FlRM� F-tiii/i8PL5 f7RM: 101636-00
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GRAPHIC SCALE i'c100'
0 50 100 150
DATE: SEPTEMBEA 2012
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Page 3 of 3
EXHIBIT A- Utility and Drainage Easement Tract 2
PARCEL 25-UDE-2
LEGAL DESCRIPTION
UTILITY & DRA.INAGE EASEMENT
Being a 0.01 acre tzact of land situated in the A. Tompkins Survey, Abstract No.J.246, Denton
County, Texas and being a portion of a tract of land conveyed to Harlan Properties, Inc. as
;recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, and being more
particularly described as fallows:
COMMENCING at a found 5/8 inch iron rod, said point being the southwest corner of said
Harlan tract, being the southeast corner of a tract of land conveyed to Alfied and Becky Camp,
as recorded in Ti►s�tumant No. 2010-62292, Deed Recoxds, Denton County, Texas, and being in
the north line a tract of land conveyed to The Chamberlain Trust, as recorded in Volume 4522,
Pag� 1336, Deed Records, Denton County, Texas;
THENCE South 89°55'12" East, along said noi�th line, a distance of 114.64 feet to a point for
corner, said point being in the said nortb line of The Chamberlain Trust h�act and being in the
proposed east right-of-way line of Bonnie Brae Street (having a vat7able width R.O. W.);
THENCE North 00°00'00" East, leaving said south line and along said proposed east right-of
way line, a distance of 1004.51 feet to a point for the POINT OF BEGINNING;
THENCE North 00°00'00" East, continuing along said proposed east right-of-way line, a
distance of 30.00 feet to a point for corner;
THENCE North 90°00'00" East, leaving said proposed east right of way line, a distance of 20.00
feet to a point for corner;
THENCE South 00°00'00" West, a distance of 30.00 feet to a point for corner; �
THENCE North 90°00'00" West, a distance of 20.00 feet to the POTNT OF BEGTNNTNG and
CONTAINING 600 square feet, 0.01 acxes of land, moxe or less.
OR/17��t'�-
AGENDA INFORMATION SHEET
AGENDA DATE: October 16, 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 5.59 acre tract; (II) a drainage easement encumbering 1.7 acre; (III) a slope easement
encumbering 2.83 acres; and (IV) a temporary constniction, grading and access easement
encumbering a 0.06 acre tract, said tracts located in the William Roarlc Survey, Abstract Number
1087, James L. Harris Survey, Abstract No. 555 and James Edmonson Survey, Abstract Number
400 and located in the City of Denton, Denton County, Texas, as more particularly described on
Exhibit "A", attached hereto and made a part hereof, located generally in the 4500 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 make an offer to (1) Richard A. Gray, Jr. (the "Owner"); (2) successors in interest
to the owner to the Property Interests; or (3) any other owners of the Property Interests, as may
be applicable, to purchase the Property Interests for the purchase price of Three Hundred Twenty
Two Thousand Nine Hundred Nineteen Dollars and No Cents ($322,919.00), 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; and
providing an effective date. (Bonnie Brae Widening and Improvements project — Parce139)
BACKGROUND
In accord with the current Bonnie Brae Widening and Improvements project initiative, staff is
undertalcing the identification of the additional land rights necessary to accommodate the
constniction and operation of the improved roadway. Integra Realty Resources has been
engaged to provide real estate appraisal services in regard to those identified tracts that will be
directly impacted by the proj ect.
In respect to the tract owned by Mr. Gray, the project requires the acquisition of several discrete
tracts. A Fee Tract for street purposes, and distinct easement types to provide for drainage, and
also to provide lateral support slope for the malceup of roadway itsel£ In addition, a Temporary
Constniction, Grading and Access Easement is required to provide worlc space for the road
contractor to reconstnict the property owner's driveway that is affected by changes to roadway
elevation and alignment.
Integra Realty Resources has provided a real estate appraisal report in regard to the Mr. Gray's
property tract and the land rights necessary for the Proj ect. 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)
No prior action or review regarding the identified tracts affecting property owned by Mr. Gray.
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 $322,919.00 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,
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Franlc G. Payne, P.E.
City Engineer
�ocation Map GRAY — P39
EXHIBIT 1 Attachment to AIS Bonnie Brae Widening and Improvements
s:llegallour documenESlordinances1121gray acquisition ordinance.doc EXHIBIT 2 attachment to AIS �
ORDINANCE NO. 2012-
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE (I) FEE SIMPLE TO A 5.59 ACRE TRACT; {II) A DRAINAGE EASEMENT
ENCUMBERING 1.7 ACRE; {III} A SLOPE EASEMENT ENCUMBERiNG 2.83 ACRES;
AND (IV) A TEMPOR.ARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
ENCUMBERING A O.Ob ACRE TRACT, SAID TRACTS LOCATED IN THE WILLIAM
ROARK SURVEY, ABSTRACT NO. 1087, JAMES L. HARRIS SURVEY, ABSTRACT NO.
555 AND JAMES EDMON50N SURVEY, ABSTRACT NUMBER 400 AND LOCATED IN
THE CITY 4F DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY
DESCRIBED 4N EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF,
LOCATED GENERALLY iN THE 4500 BLOCK OF SOUTH BONNIE BRAE STREET (THE
"PROPERTY FNTERESTS"), 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 4FFER TO (1 } RICHARD A.
GRAY, JR. (THE "OWNER"); (2) SUCCESS4RS IN INTEREST TO THE OWNER TO THE
PROPERTY INTERESTS; OR (3) ANY OTHER OWNERS OF THE PROPERTY
INTERE�TS, A5 MAY BE APPLICABLE, TO PURCHASE THE PROPERTY 1NTERESTS
FQR THE PURCHASE PRICE OF THREE HUNDRED TWENTY TWO THOUSAND NINE
HUNDRED NINETEEN DOLLARS AND NO CENTS ($322,919.00), AND OTHER
CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT (THE
LSAGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREO� AS EXHIBIT
"B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVFDING AN
EFFECTIVE DATE.
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City af Denton, Texas; N�W, THEREFORE,
THE COUNCIL OF THE CITY OF DENTQN 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 necessaxy for public use to provide street and raadway expansion and
improvements to serve the public and the citizens of the City of Denton, Texas.
SECTTON 2. The City Manager, or his designee, is hereby authorized to make a forma�
offer to purchase the Property Interes#s to {i) the Owner; (ii) any and all of Owner's successors in
interest to the Property Interests; or (iii) any other parties wha may own any interest in the
Property Interests, as may be applicab�e.
SECTION 3. The City Manager, or his designee, is hereby authorized to (a) execute for
an.d on behalf of the City (i) the Agreement, by and between the City arid Owner, or other owners
of the Property Interests, as applicable, in the form attached hereto and made a part hereof as
Exhibit "B", with a purchase price of $322,919.00 and other consideration, pIus costs and
expenses, all as prescribed in the Agreement; and {ii) any other documents necessary for closing
the transaction contemplatec� by the Agreement; and {b} 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 disc�ose to Owner, or other owners of the Property Interests, as applicable,
any as�d all appraisal reports prnduced 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, or other owners of the Property Interests, as
applicable, 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 holc�ing shall nat affect the validity of
the remaining portions of this ordinance; the City Council c3eclares that it would have ordained
such remaining portion despite such invalidity, and such remainir�g portion shall remain in full
force and efFect.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
FASSED AND APPROVED this the day of , 2412.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Page 2
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EXHIBIT A- to Ord�nance {Praperty Interests)
..:RECHARfl A.• .GAAY. JR
DOC. N0. 2tl09-128A36
�.R.O.C.T,
A= 4� '32' 48"
R=BA7.50'
Ta338.52'
L=644.f3'
Cp=N57'a5' 27"E
Lc=62B.74'
�= 66'35' 33"
Fi�752. 50'
T�494.23'
L�974.6U'
Cb=NA5 't4 `04�"E
Lc=82B.20'
.�
H
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�= 69'2D' 16'
R�752.50'
T�520.45'
L=910.66'
Cp=S44 '51 ` �
Lc=ess.a9�
NOTE: 5ET !/2" I.R. W/ GAI CA� 10
BE SET AT ENQ OF CONSTRUC7Tfi1N_ �
♦
BASIS QF BEaAING IS NQR7H AMERiCAN pA7iJM
DF 1983 (NAD-83) STATE PLANE COOR�INAT�
5Y5TEM, TEXAS NORTH CENTRAL.
SE71/2• �.R. a� ss •�� � �� ° �
W/GAI CAP }��8�.�. 5� ,
T=556.s2� .
L�985.Oi'
Cb�SqS'14' 04"W
Lc-S30.50' /�
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GH4PHIC SC�LE S'-!QU'
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[(�„r, CONSULTING ENGINEERS � PLI�NNERS
`+I eoo 9x rt��s wav�. sr� eno
,'� � �';' ;'� �,°'� , �
OF
EXISTING
�PILLIAM
JAMES
JAMES
RICHApO A. GRAY, .ffi
�DC. N0. 20D6-f2B496
R.R,q.G.7.
APPROX. 3.46 AE LI�S WIiHTN FLOOQPLAiN.
A P6R7I�N OF 7HiS p�SCRIpTIOhf LIES WITHI�I A FE�ERAL
EMERGENCY MANAGEMENT AfENCY DESIGNATED FLODD P�AIN
dR FL00� PRQNE AREA A5 DE5EGNAT�D pM TNE FLOOD
INSURANCE RATE MAP FQA �ENTON CdUNTY COMMUNITY
PANEL 48a2SC037p G,EFFECTIVE BATE APRIL 18,2071.
PARCEL 39--RO�F--1
BEING A
243,43i SQ.FT./5.69 ACRE
W
W
�
lYHICH 24,231 SQ. FT. LIES WITHIN
RIGHT--OF—WAY OF BONNIE BRAE STREET
SITUATED IN THE
ROARK SURVEY, � ABSTRACT N0. id87,
L. HARRIS SURVEY, ABSTRACT N0. 555
EDMONSON SURVEY, ABSTRACT N0.400
DENTON CUUNTY, TEXAS
DATE: SEPTEMBER 201�
J/�entan/P98-Rdw-f
PAGE 3 OF 5
EXHIBIT A- to Qrdinance {Property Interests}
HARYIN HEhUEH50H E57ATE TAIJST
unc. ao. s6-aoosseoo
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A= 6S'�5'33"
"A�752:50°' .
T=494.23'
L=874.6Q'
Cb=N4fi'14' 04"E
L�=826.20'
SETS/2' I.R_
� W/GAI CA?
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N12'56'18"E
59.62'
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BA5I5 OF BEARTNG I5 NOR7H AM�RICAN pA7UM
DF t983 (NAD-83) 57AiE PLANE CO�RDINA7E
5Y5TEM, TEXAS NORTH CENiRA�.
n
GRAPIiIC SCALE i'=400'
0 50 10R S50
� Grdhdm Associates Inc.
. CONSULTING ENGIN�ERS L� Pf.I�NN�RS
aoo s�x tucs o►av�, su� soo
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OF
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WiL�AM
JAMES
JAME5
SEii/2' I.R.
W/GAI CAP
A= 66'35'33"
R=847.50`
7�556.62'
L,a9B5 . 01 '
Cb=546 `i4' 04"�I
!.c=9�0 . 50 '
S73'54'10"E
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DOC. N0. 2008-f29436 ` .
D.R.O.C.T.
,
`
`
N07E: 5ET !/2" I.A. F!/ GAI CA? TO
BE 5�i AT EN� OF CONSTRUCTIQN.
i�DTE:
A�PRPX. 3.45 AC LTES WITHIN FLOO�PLAIN.
A PORTIOH OF THIS DESCRIPTION LI�S WITH]N A FEOERAL
EMERGENCY MANAGEMENT AGFNCY DESIGNATED F�OQD PLAiN
OA FLQOD PAONE AREA AS DESIGNAiED ON 7HE FL00�
INSLIRANCE RATE MAP FOR DENTDN COUN7Y COMMU�fiTY
PA�iEL 4B12lC0370 G,EFFECTIVE dA7E APRIL 18.2051.
PARCEL 39—ROW-1
BEZNG A
243,431 SQ.FT./5.59 ACRE
WHICH 24,231 SQ. FT. LTES WTTHIN
RIGHT--OF—�AY OF BONNIE BRAE STREET
. SITUATED IN THE
ROARK SURVEY, ABSTRACT N0. 1087,
L. HARRIS SURVEY, ABSTRACT N0. 555 �
EDMONSON SURVEY, ABSTRACT N0.4D0
DENTDN COUNTY,TEXAS
DATE: S�P7EMBER 2D12
.1/aentan/P39-Aow-f
Pag� 4 of 5
EXHIBIT A - to Ordinance (Property �nterests)
PARCEL 39-ROW-1
LEGAL DESCRIPTION
Being a 5.59 acre tract oi Iand situated in the William Roark Survey, Abstract No. 1087, 7ames L.
Harris Survey, Abstract No. 555 and the J'ames Edmonson Survey, Abstract No. 400, Denton
County, Texas and being a portion of that certain parcei conveyed to Richard A. Gray, 7r., as
recarded in �strument Nv. 20�8-I28436, Deed Records, Denton County, Texas, and being more
particularly described as �ollows:
BEG�RNG at a faund 5/8 inch iron rod, said point being the in the south Iine of said Richat'd
A, Gray 7r. tract and the northwest comer of Lot 7, Block A, Meadovvs at Hzckory Creek, Phase
One as con�eyed to Linda �_ and John M. Alexander, Instniment No. 2010-b3S91, Deed Records,
Denton Counfy, Texas, and being in the existing east right-of-way line of Bonnie Brae 5treet
(having a variable width RO.W.);
THENCE 5outh 88°04'29" West, leaving said existing east right-of-way line and alang said so�ih
line, a distance of 34.07 feet to a point for corner, said point being in the approximate centerline
af e�sting said Bonnie Brae Street; �
TI�NCE North 00°37'00" West, lea�ving said south line and alang said e�sting centerIine, a
distance of 663.2b feet to a point for corner, said paint being the proposed north rig�t-of way line
of Bonnic Brae Street {having a variable width R.O.W.);
THENCE North 88°43'f 5" East, Ieaving said centerline and along said proposed north right-af-
way [iz�e, a distance of 35.06 feet to a set 1/2 inch iron rod with GAI cap for corner;
THENCE South O1°16'45" East, along said proposed north right-of-way line, a distance of 40.00
feet to a set 1/2 izach iron rod witIi GAI cap for comer, for the beginning of a taz�ge�t cu�rve to the
�eft having a radius of 170.00 feet, a central angle of 49°SS'S2", and a long chord which bears
South 26°14'4l." East, 143.50 feet;
TH�NCE cantinuing along said proposed north right-of-way line and along said tangent curve to
the Ieft, an arc distance of 148.1 S feet to a set 1/2 inch iron rod with GAI cap for corner;
THENCE North 79°37'2S' East, continuing aiong said proposed north right-oi way line, a
distance of 42.68 feet to a set 1/2 inch iron rod with GAI cap for comer, �or the beg'mning of a
nan-tangeut curve to the right having a radius of 847.50 feet and a central angle of 43°32'48" and
a long chord which bears North 57°45'27" East, 628.74 feet;
THENCE continuing a�ong said proposed north right-of-way line and alang said non tangent
curve to the right an arc �istance of 644.13 feet to a set 1/2 inch iron rod with GAI cap for corner;
THENC� North 79°31'5i" East, continuing along said proposed north right-of-way line, a
distance of 228.46 feet to a set 112 inch iron rod with GAY cap for �orner,`for th�e beginning of a
tangent curve to the leit having a radins of 752.50 feet, a ceniral angle of 66°35'33", and a long
chord which bears North 46°i4'04" East, $26.20 feet;
EXHIBIT A- to Ordinance (Property Interests}
�age S of S
THENCE cantinuing along said proposed north right-of-wa�+ line and along said tangent curve to
the left, an arc distance of 874.60 feet to a set lI2 inch iron rod with GAI cap for corner;
THENCE North 12°5G'] 8" �ast, continuing along said proposed north right-of-way line, a
distance of 59.b2 feet to a set 1/2 inch iran rod with GAI cap �or corner, said. point being ifl the
north Iine of said Riciiard A. Gray 7r, tract and being in the south line of a tract conveyed fo
Marvin Henderson Estate Trust, as recorded in �stru�z�.ent No. 96-ROOS58QD, Deed Records,
Denton Co�nty, Texas, being a coinmon line;
THENCE South 73°54'10" East, leaving said proposed north right-of way line, and alang said
comman line, a distance of 9514 feet to a set 112 inch iron rod with GAI cap foz corner, said
pQiat being in-fihe�proposed south�right-�f �vay �iIIe of�sard�$onnie Bra� Street;
THENCE 5outh 12°56'18" West, leaving said comman Iine and along said proposed south right-
of-way iine, a distance of 54.38 feet to a set 1/2 inch sron.rad with GAI cap for corner, for the
beginning of a iangent curve to the right having a radius of 847.50 feet, a central angle of .
66°35'33", and a long chord which bears South 46°14'04" West, 930.50 feet;
THENCE continuing along said proposed south right-of-wa� line aczd along sazd tangent curve to
the right, an arc distance of 985.01 feeY to a set 112 inch i�on rod witI� GAI cap for corner;
THENCE Souih 79°31'S1" West, continuing a[ong said proposed south rig�t-of way line, a
distance of 228.46 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beginning of a
tangent curve to the �eft having a raaius of 752.50 feet, a central angle of 69°20`16", and a long
chord which hears South 44°51'43" West, 856.09 feet;
THENCB cantinuing along said proposed south righ�-of way line and alflng said cuiwe to the 1eft,
an arc distance of 910.66 feet ia a sei 1/2 inch iron rod with GAi cap for corner;
T��NCE South Q1°19'09° East, continuing along said proposed south right-of-way Iine, a
disiance of 135.46 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the
south Iine af said Richard A. Gray Jr. tract, and the north line of said Linda I. and John M.
Alexander tract, being a common line;
THENCE South 88°04'24" Wesf, leaving said proposed south right-of-way line and along said
comtnvn line, a distance of 48.50 feet to tixe POINT 0� BEG�NNING and CONTAIlVING
243,431 square feet, 5.59 acres of land, more or less, oFwhich 24,231 squaxe feet of Iand is being
t�sed as roadway use and drainage at this time.
AAGE 1 pF 7
� !
�
� /
3500 AIESLIN� OR ��
Lfl7 27 'BLOCN"2 �
PE7E�i ZHU & . .
aiNa Nnes ��^I�
� p4�
�=�
�y,� �Nl;al.
F����� ..
�..� 'r:;�
� R'•
��a �,
�����;� ���
�oi ��cr �rn� '
LOT 26, BLOCK 2
sr�ver� aavio s
LAUREN RAINEY
�B6S HERLaT OR
�ar ag, e�ocx 2
sRUCe s iwrsr��
STEMMT
�o
o�
�v
A509 MERCOT OR
LOT 24, BLOCK 2
LEE & LATASHA
CARTER
1513 HEFiL6i OR
It0i 23, BLOCK 2
CHH[SiOPHEA SIMB
4st� W��or pa
LOT 22, BLOCK 2
dOV�LA3 iEAGIIE
�62! NERLOi OR
LOT 21, BLaCK 2
JAME$ BALLARQ
4601 MER4p7 OR
L07 20, BIOCK 2
JERE X�S AURA
46Q3 NEFiLOT OR
LQT 19, BLOp( 2
OALE QUANTAS
P�INT OF'
EXHIBIT A- to Ordinance {Property interests)
�
FND 5/B" I.R
W/ CAP
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;� �
11 �
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A- 37'i5'OS`
€��940.00'
T=305.71'
�=591.68'
Cb-N60'54'16"E
�1�.c=�e i . 2s �
V�7 "36'31"W (,
37.90' ��
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R=8�47, 64'
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� / 100 YR ti
'w� �\ FL040PLAIN �
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BASIS OF 6EAAING IS MDRTH AMERICAN OATUM
OF 1993 (NAD-83) STATE PLANE COQR�INATE
SYSTEM, TEXAS MQR7H CENTRAL.
n
GRAPHIC SCAlE !'=100'
0 56 iQ0 150
^ Graham Associates,lnc.
*+ CflNSIEETIHG ENGINEERS � PWfNfRS
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u�HOroN, �nus �eott �et� aao-�eeae
7HPE FlNM� F—lfil/IHPIS RAls 101030-•00
WILLIAM
JAMES
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NOTE;
7.62 AC LIES WITHIN FLOQ�PLAIN.
lRi1BEAH 67
6LOCK A LOT B, LOT 9, L(IF 10,
w M. A�ExAr�oeR BL�K A BLOCK !� BLOCi( A
2Q10-8369f
o.c.r.
THIS EASEMENT LIEfi WITHEN A FE�ERAL EhfERGENCY
MANAGEMEENT AGENCY DESIGNATEO FLOOQ PLAIN OR
FLQOD PRONE AREA AS pE52GNAT�D ON THE FL00�
INSUAANCE RATE MAP FflR ❑ENTON CflUN7Y COMMt1NITY
PANEL 4812fC0370 "G, EFFECTIVE f7ATE APRIL 78, 2011.
PARCEL 39--DE-- i
BEING A
'70,091 5Q.FT. �.fif ACRE
DRATNAGE A5EMENT
5ITUATED IN THE
ROARK SURVEY, ABSTRACT N0. 1487,
EDMDNSON SURVEY, ABSTRACT N0.40D
DENTON COUNTY, TEXAS
bAT�: DECEMSER 2011
J/Qenton/P39—�E—i
PAGE 2 OF 7
A� 37'15'08"
R=9lO.Ofl'
T�3a6.if'
L=591.66'
Cb=N60'5.4' 16"E
Lc-581.29'
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. �•.�
EXHIBIT A- to Ordinance (Property Interests)
RICiiARD A. GRAY, .fH
OOC. N0, 2008-12843b
D.R.tl.C.T.
N79'3i'51"E
9. Bfi'
♦ \� �\ ����:
��� 35N ��-
�����\'" Np� 1 gq'� J
;,;� �,� - 22`.14'32"
�y Rn839.9f'
T��65.1i'
L=326.O�a'
s Cb=S53'06' 1�"
'�� Lc�324.Qi'
s,��
�
�
NOT�;
i,S1 AC �IE5 WIiHIN FLOOQP�AIN.
A- 5 "42' 38'
RriB53,58'
Ta92.45'
L�184.74'
Cd-570 'S0' 45"W
Lc-384.66'�
�� i'44'�2��
R-847.50'
�-t�.es�
L�25.77'
C��SiB'i!' 30`�I
Lc�25.77'
BASIB OF BEARING IS NOATFi AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE CtlaFipINATE
SYSTEM, T�XA3 NORTH CENTAAL.
n
GRAPi1IC SCA[.E !'�100'
Q 50 i00 150
Graham Associates,Enc.
CONSIELTING ENGIN��RS � PUNNERS
E80 SI% FLA04 6pI4E, 4117E E8R
ARL1NOlON. 7E7fAS 76011 (�[71 EI�8S36
7HPE FlRAI� F-11L1/IBPLS E1Ri(� 1016ae-IIO
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4� i4'19'26"
Rs680.00'
T�85.45'
L=270.00'
Cb=N70'0?'13"E �
Lc=l69.56'
� <\ E.,
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Rsi853.58'
T=28.83'
L-57.85'
Cb=S76 '24' 29"
Lca57.e4'
�1= 13'2�'53"
R=702.50`
T�82.72'
L�164.68'
Cb�S67'03'3Q"W
Lc=164.�0'
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f� RICHARf] A. GRAY, JR
/ DOC, N0. 2008-128d36
/ [J.R.p.C.T.
THIS EASEMENT LIES WITHIN A FEDEAAL EMERGENCY
MANAGEMENT AGENCY ❑ESIGNATED FLOd[] PLAIN OR
FL0�0 PRONE AREA AS �ESIGNATEO ON THE FLQ00
INSURANCE RATE MAP FOR �ENTOH COUNTY CDMMUNITY
PANEL 48121C0370 G,�FF�CTIVE �A7E APRIL 18,2011.
PARCEL 39—DE—i
BEING A
� 70,091 SQ.FT./1.61 ACRE
DRAINAGE EASEMENT
STTUATED �N THE
WILLIAM ROARK SURVEY, AHSTRACT N0, �Q87,
J�AMES EDMONSON SURVEY, ABSTRACT N0.40U
DENT4N COUNTY, TEXAS
Dk7�: pEC�t�B�R .20! 4
J/Oenton/P39—OE-1
EXHIBIT A- to Ordinance (Property Interests)
PAGE 3 OF 7
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NFRYIN HENOEA50H �STATE TAU5T
OOC. NU. 96-H9055800
o.A.o.c.r.
N12'56' 18"�
68.39' ,
e- i4 •�2�ss•
R-630.00'
T-78.53'
L-i5B.25'
Cb-iV2Q '02' �6"E
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L�t70.Od'
CbaN70'07' 13"E
Lc=169.56'
R=752. 50 �' �
Tmi2,69'
Ld25.37'
Cb=S60 '00' 37"
Lc�25.37' /
S73'SA' 10
84.89'
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BASIS OF BEARING IS NORTii {4MERICAN OATUM
OF l983 (NAO°83} SFAT� PLANE COOROINATE
SYSTEM, TEXAS NORTH C�NTRAL,
�524'10'43"W j
62.9i'
A= 45'!9'50"
R-702.50'
T=293.36'
L=555.79'
Cp-S35'3fi' i3"W
Lc=541.A!'
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HICIiARD A. GRAY. JR
DOC. N0. 2fl08-l2B436
LI.R.O.C.T.
NDTE;
1.61 AC LIE$ WITHIN FLOOppLAIN.
iHT5 EASEMENT LIES WITHIN A FE�ERAL EMEA6ENCY
MANAGEMENT AGENCY DESIGNA7'ED FL000 PLAIN OR
FLODO PROI�E AREA AS DESIGNATE� ON THE FL000
INSiJRANCE RATE MAP FOR OEN��N COUNTY COMMUNITY
PAN�[. 48121C0370 G, EFFECTIVE DATE AARIL 18, 24ii,
PARCEL 39—DE--1
BEZNG A
n 70,09� SQ.FT./ 1.�1 ACRE
GRAPNIC BGALE s•.�ao• DRAINAGE EASEMENT
� SITUATED IN THE
o eo soo sso �ILLIAM RDARK SURVEY, ABSTRACT N�. 1D87,
Graham Assoclates lnc. JAME5 EDMONSON SURVEY, ASSTRACT N0.40D
.�N5l1LTING EIfG1NEER5 d� PIJ�NNERS DENTON COUNTY TEXAS
eaa stx fuos oru+�r, mn� aoo f
u�uNarae, �exh9 �ea�� (a�� a�o-as�6 OATE: DECEMBER.�2014
�. 7HPE FlRAR: F-11Yt/TBpI,B F'IfGi: 1M6Jb-0p .
J/IIenton/P39-T�E-i
Page 4 of 7
EXHIBIT A- to Ordinance (Proper#y Interests}
PARCEL 39-DE-1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
Being a 1.61 acre tract of land situated .in the William Roark Survey, Abstract No. 1087,
and the James Edmonson Survey, Abstract No. 400, Denton Couaty, Texas and being a
partion of that certain parcei conveyed to Richard A. Gray, Jr., as recorded in Instrumeat
No. 2008-12&�36, Deed Records, Denton County, Texas, and being more particu�arly
described as follows:
COMMENCING at a£ound 518 inch iron rod with cap,�said point being �he in the south
line o£ said Richard A. Gray Jr. tract and the r�orthwest corner of Lot 7, Block A,
Meadows at Hickory Creek, Phase One as conveyed to Linda J. and dohn M. Alexander,
Instrument No. 2010-C3b91, Deed Records, Denton County, Texas, and being in the
exis�ing east right-of-way line of Bannie Brae Street (having a variable width R.O.W.};
THENCE Narth 88°04'29" East, leaving said existing east right-of-way line anc� along
said sauih 1ine, a distance af 48.50 feet #o a point, said point being in the groposed east
right-of-way lirie ofBonnie'Brae Street {having a variable width R.O.W.};
THENCE North QI°19'09" West, leaving said so�th line and foliowing along said
proposed east righ#-of-way line of Bonnze Brae Street, a distance of 135.45 feet to a
point, being the beginning of a non-tangent curve to the rig�t having a radius of 752.50
feet, a central angIe of 29°47'10°, and a long chord which bears Noz�k� 25°QS'10" East,
386.81 fee#;
THENCE along said proposed east right-of-way line and said nan-tangent curve to fhe
right, an arc distance of 391.20 feet to a point for corner;
THENCE North 50°01'15" West,leavzng said proposed east right-of-way line, a distance
of 95.00 feef to a point for corner being the POINT QF BEGINNING, said point being in
ihe proposed northwesterIy right-of-way line of said Bonnie Brae Street;
THENCE North OS°35'07" East, leaving said proposed northwestetly right-of-way line, a
distance of �42.31 feet to a point far cozner;
THENCE North 47°36'31" West, a distance af 37.90 feet to a point for corr;er, for the
beginning of a non-tangent curve to the right having a radius of 910.00 feet and a central
angle of37°15'OS" and a long �hord which bears North 60°54'16" East, 581.29 feet;
THENCE along said non-tangent curve to the right an arc distance of 591.66 feet to a
paint far corner;
THENCE Narth 79°31'S1" East, a distance of 9.86 feet to a poznt for corner;
EXHIBIT A- to Ordinance (Property Interests)
Page S of 7
THENCE North 77°p4'27" East, a distance of 245.51 feet to a point for corner, for the
beginning o#' a tat�gent curve to the ieft having a radius of 580.0� feet and a central angle
of 14°19'26" and a Iong chord which bears North 70°47'13" East, 169.56 feet;
,THEN�E�adong said�ta�gent curve tv t�e left•an arc distance of 170.40 feet to•a point for
cozner;
THENCE North 53°Q4'Sb" East, a distance of 126.77 feet to a point for corner;
THENCE North 41 °37'44" East, a distance o£ 166.11 feet to a point for corner;
THENCE North 18°37'39" East, a distance af 124.�0 feet to a paint for corner, for the
beginning of a non-tangen� curve to the left having a radius of b30A0 feet and a central
angle of 14°12'36" and a long chord which bears North 20°02'36" East, 155.85 feet;
THENCE along said non-tangent curve to th� �eft an are distance af 15b.25 feet t� a goint
for corner;
THENCE Narth 12°56'18" East, a distance of 66.39 feet to a poini for carner, said point
being in ihe nor�"line a�' saic� Richard A. Gray, Jr, tract and being in the south line of a
tract conveyed to Marvin Henderson Estate Trusi as recorded in Instrument No. 96-
ROOSS800, Deed Reeords, Denton Cotanty, Texas, being a common Iine;
THENCE South 73°54'10" East, along sazd eammon �ine, a distance of 84.89 feet io a
point for corner;
THENCE Souih 24°14'43" West, leaving said commor� line, a distaz�ce of 62.91 feet to a
point for corner, for the beginnin� of a non-tangeni c�rve to the rig1�t having a radius of
702.50 feet and a central angle of 45°19'3Q" and a long chord which bears South
35°36'13" West, 541.41 feet;
THENCE along said non-tangent curve io the right an axc distance of 555.79 feet to a
point fnr comer;
THENCE South 20°12'07" East, a distance oi 50.96 feet to a point for earner, for the
beginning of a nan-tan.gen.t curve to the right having a radius of 752.50 feet and a central
angle of l°S5'S�" and a long chord which bears South 60°00'37" West, 25.37 feei, said
point being in the proposed norkhwesterly right-ot=way line of said Bonnie Brae Street;
THENCE along said proposed narthwesterly right-o� way line, and along said non-
iangent c�xrve to the right an are distance of 25.37 feet to a paint for corner;
THENCE North 20°12'07" West, leaving said proposed northwesterly right-of-way line,
a distance of 50.64 feet to a point for comer, iar the beginning of a non-tangent curve to
the right having a radius of 702.50 feet and a central angle af 13°25'S3 ", and a long chord
which bears SoUth 67°03'30" West, 164.3� feet;
EXHIBIT A- to Ordinance {Property Interests}
Page6of7
THENCE along said non-tangent cnrve to the right an arc distance of 164.bS feet #o a
point for corner;
T�ENCE �outh-75°.18'08" West,. a distance of �� 53:83 �eet io a point for corner;
THENCE South 10°28'09" East, a distance of 44.32 feet to a point for corner, said point
b�ing in the proposed northwesterly right-of-way iine af said Bonnie Brae Street;
THENCE South 79°31'S1" West, alang said proposed northwesterly right-of-way line, a
distance.o�25..D0.feet.to .a point for corner;
THENCE North lU°28'09° West, leaving said proposed northwesterIy right-of-way line,
a disfance of �2.91 feet to a point for corner; .
THENCE South 76°1$'OS" West, a distance of 51.60 feet to a point for corner, for the
beginning of a tangent curv� #o the 1eft having a radius of 1853.55 feet, a cen�tal angle of
1°47'1T', and a long chord which bears SQUth 75°24'29" West, 57.84 feet;
THEN�E along said tangent curve to the teft, ari arc distance of 57.85 %et ta a point for
corner;
THENCE South 02°12'35" West, a distance of 35.77 feet to a paint for corner, for the
b�ginnir�g of a non-tangant curve to the left having a radius of 8�7.50 feet and a central
angle of 1°44'32" and a long chord which bears South 78°11'30" West, 25.77 feet, said
point beir�g in the propased nqrthwesterly right-of-way �ine of said Bonnie Brae S�reet;
THENCE along said proposed northwesterly right-of-way Iine, and along said non-
tangent curve to the left an arc distance of 25,77 feet to � goint for corner;
THENCE Narth 02°12'35" East,leaving said praposed narthwesterly right-of-way line, a
distance of 34.84 feet to a point for corner, for #he beginning of a non-tangent curve to
the left having a radius of 1853.58 feet and a cennal angle of 5°42'3$", and a long chord
which bears Sauth 70°50'45" West, 184.bd feet;
THENCE atong said non-tangent curve to the left an arc distance of 184.74 feet to a paint
for corner, for the begirining of a fangent cutve to the ieft having a radi�s of 839.91 feet,
a centrat an.gle of 22°14'32", and a Iang chord which bears South 53°06'13" West, 324.01
feet; �
THENCE alang said tangent curve to the �eft, an arc distance of 325.05 feet to a point for
cozner;
EXHIBIT A- to Ordinance (Property Interests)
Page 7 of 7
THENCE South OS°35'07" West, a distance of 3D.i3 feet to a point for corner, for the
beginning of a non-tangent curve to the left having a xadius of 847.50 fe�t and a central
angle of 2°53'�3" and a iong chord which bears South 41°25'21" West, 42.70 feet, said
point being in the prapased northwesterly right-of-way line of said Bonnie Brae Street;
THENCE aiong said praposed northvvesterly right-of-way line, and along said non-
tangent curve #o the left an arc distance of 42.70 feet to the i'OINT OF BEGINNING and
CONTAINING 70,091 square feet, 1.6� acres of land, more or less.
03_,s'-Go� c
PAGE 1 OF
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3600 RIE5LING 6R �
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LOT 26. BLOCK 2
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°Lr1UREH �-HAFNEY �
4505 FfERLOF OR
LOT 25, 6LOCN 2
BRUCE 6 KAYSipL
5TEXAii7
�� 4509 HERLpi OR
�1� LOT 24, BLOCK 2
LEE & LATASHA
LARiEq
� �513 MERLDi OF
�tUT '23, a�acK a
CHR[570PHER SIN$
1517 MEtiLOT UA
LOi 22, BLOGK 2
OOtTf,EA9 TEAfiUE
AE21 HEALOT OR
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�ar xo. e�acK a
JEHEMY 6 LAURA
XELLS
4605 HEpLOT UA
� pA�E �Ql1kHT5 2
POINT' OF
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0.05 AC LIES 1�ITHIN �1.00�PLAIN
SASIS OF eEAFiING I5 NOATH ANERICAN �ATUM
OF 1983 (NAO-83) S�ATE PLANE CD�RaINATE
SY57EM, TEXAS NORTH CENTRAL.
n
GRAPHIC SCA�E �S'�l00'
0 50 f4p 15Q
Grahdm Assoclates,lnc.
CONSULTINC EHGItfEERS � pLArfN�RS
aoo s�K ruos omvE, au�� eao
ARUNCfoH, 7EX,19 7ean e1 a4o-e6s6
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~ J PR[tTATB DRIVE ���� RICNAR� A. GRAY, JR
J � � � ` �� OOC. N0. 200B-f28438
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{. FLEXANOEH BLOCK A BLOCK A 6LOCK A
; T S3fi91
Ti1IS EASEMENT LIES WTT1iIN A FE�ERAL EME�iGENCY
MANAGEMENT AGENCY OESIGNATEU FL000 PLAIN OR
FL000 PAONE RREA AS DESIGNATER 4N TNE FLOOD
INSURANCE AATE MAP FQF1 Q�NTON C4UNTY COMMUNITY
PANEL 4812fC0370 G,EFFECTIVE OATE API�IL 18,2015,
PARCEL 39—DE-2
BEING A
2,1U4 SQ.FT./0.05 ACRE
DRAINAGE EASEMENT
SITUATED IN THE
ROARK SURVEY, ABSTRACT N0. 1087,
DENTON COUNTY, TEXAS
�ATE: DECEMBER 2Q11
J/�C�itRfl/P39-OE-2
'° I P/1GE"'2 OF 4
EXHIBIT A - to Ordinance
RICHAR� A. GRP,Y, JR
OOC. NQ. 2008-128436
••fl.R.D.C.T.
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Cb-N44'S1'43'E I �
Lc�855.09'
� RICHARb A. GRAY, JR
� OOC. M0. 2008—l28438
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0.05 AC �.IES WITHIN FLOO�PLAIN ��
BASIS OF BEARING I5 NOR7N AMERICAN �ATUM
DF S9B3 (NAD-83) STATE PLAiVE C�QROINATE
SYSTEM, T�XAS NORTH CENiRA�.
n
GRAPHIC SCALE 1'-f00'
0 50 100 �$p
�Graham Associates,fnc.
C�HSe�TlN�O E�HG�INow� �wc��anaNERS
u�urw�. �us �eott a�» e�o-eaaa
78PE FlRNt F-11Y}/IBPLS �RY� f01636-00
THIS EAS�M�N7 LIES WITHiM A FEDERAL EMERGENCY
MANAGEhi�t�T AGENCY D�SIGNATE� FL00� PLAIN OR
FL40D PRONE AREA AS DESIGNATEO ON THE FL00�
INSURANC� RA7E MAP FDl� QENTON COUNTY COMMIJNITY
PANEL QSf21C0370 G,EFFECTIVE 6ATE APRIL f8,2031.
PARCEL 39—DE-2
� BEING A
2,104 SQ.FT./0.05 ACRE
DRAINAGE EASEMENT
SITUATED IN THE
WILLIAM ROARK SURVEY, ABSTRACT N0. 1087,
DENTON COUNTY, TEXAS
OATE: OECEMBER 2011
.f/Oenton/P39°DE-2
Page 3 of 4
EXHIBIT A- to Orc�inance (Property Interests)
PARCEL 39-DE-2
LEGAL DESCRIPTION
DRAINAGE EASEMENT
Being a O.pS acre tract of land situated in the Williann Roark Sur�vey, Abstract No. 1087,
Denton County, Texas and being a portian of that certain parcel conveyed to Richarrl A.
Gray, Jr., as recorded in InsLniment No. 2008-128436, Deed Recards, Denton County,
Texas, and being znore particu�arly described as foIlows:
COMMENCING at a fourtd SIS inch iron rod with cap, said point being in the sauih line
of said Richazd A. Gray Jr. tract and ihe northwest corner of Lot 7, Block A, Meadows at
Hickory Creek, Phase �ne as canveyed io Linda J. anc� John M. Alexander, Instrument
No. 2010-63691, Deed Records, Denton County, Texas, and being in the existing east
right-of-way lane of Bannie Brae Street {having a variable width R.Q.W.};
THENCE 1Vorth 88°04'29" East, Ieaving said existing east right-of-way line and aIong
said south line, a distance of 4$.50 feet tfl a point, said point being in the pxoposed east
right-of-way line of $r�nnie °Brae Street°(having a variable width R.O.W.);
THENCE North 0�°19'09" West, leaving said south line and foilowing along sazd
proposed east right-of-way line of Bonnie Brae Street, a distance of 135.46 feet to a
point, being the beginning of a noz�-tangent cuzve to the right having a radius of 752.50
feet, a central angle of 69°20'16", and a long choxd which bears North 44°5i'43" East,
856.09 feet;
THENCE along said proposeci east rigl�t-of-way line and along said non-tangent curve to
the right, an arc distance of 910.fi6 feet to a point for carner,
THENCE North 79°31'51" East, along said proposed east right-of-way line, a distance of
110.36 feet to a point for corner, being the POTNT OF BEGZNNING;
THENCE North 79°31'S1" East, continuing along said proposed east right-of-way line, a
distance af 25.00 feet ta a point for corner;
THENCE South 10°28'09" East, �eaving said proposed eas# righi-of-way Iine, a distance
of � 8.00 feet to a point for carner;
THENCE North 79°31'S1 " East, a distance af 7.50 feet to a point for comer;
THENCE South 10°28'09" East, a disiance of 41.35 feet to a paint for corner;
THENCE South 79°31'S1" West, a dis�ance of 40.00 feet to a poinf #'or corner;
THENCE North 1Q°28'09" West, a distance of �41.35 feet to a point for corner;
EXHIBIT A- to Ordinance (Proper#y Interests)
Page 4 af 4
THENCE North 79°31 `51" East, a c�istaz�.ce of 7.50 feet to a point for cozzxer;
THENCE North 10°28'09" West, a distance of 18.00 feet to tlz� POINT OF BEG�TNING
an$ CONTAINING 2,104 sq�ara feet, Q.OS acres of land, mare or less.
�3y�-.z"'•4
PAGE i DF 5
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LOT 27, BIOCK 2 �`�^-+'
PETEA 2HU 6 ����
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LOT 26. BLOCK 2
STEVEN OAVIO &
�L�UAEN �RAilIEY �
4505 lIERLOT pR
Ltli 29, 840CK 2
BAUCE 6 KRY57AL
S7EkARi
�r OT 24 E B OCH 2
°� �e� c urasti,�
CARiER
� 4313 IfERLOT OR
IL6F� E3, �"BLt7CK' 2 �
CHRISiOPFiER SIMS
4�17 MEALOT DA
LOi 22, BLQCK 2
OO11G443 TEpGUE
1621 hEqLOT 9R
L�T 23, BLOCK 2
JAHES BALEFR6
�80! HERLOT OR
LOT 20, 6LOCK 8 �
JEH�MY 5 iAL1RA
XELLS
4645 NEFIOT 6R
L9i 19, BLOCK 2
�ALE UUANTAS
ponv� aF
COMSiENCIN
FNO �/e• i.
W/ CAP
EXHIBIT A- to Ordinance (Property In#erests)
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0.04 AC LI�S WItHIN FLOOOPLAIN
BA5I5 QF BEARING IS NQRTti AhEEAICAN pATUM
OF 1983 (NAD-B3j STATE PLA�l� COQflDINATE �
SYSTEM, TEXAS NOATH CEN7RAL.
n
GRAPi1IC SCALE 7'-f00'
�o soQ f5a
. Graham Associates Inc,
CONSilLTIMG EttGINEERS � PLI�lINERS
606 $1% fLA08 WIiVE� $VIIE 800
NtIJHOTqi. 7lNA8 70011 f!� e�o-aese
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EXAMDER 64�GK A BLOCK A BLOCK A
�ss�
iHIS EASEMENT LIES WIT�iIN A FEDERAl. �MERGENCY
MANAGEMENT AG�NGY �E5IGNATEO FLOQO PLAIN OR
FLOOD PRONE AAEA AS DESIGNATE� ON TFiE FLODO
IN5l3RANCE RATE MAP FOR QENTON CQUNTY COMMUNITY
PANEL 48121C0370 G,EFFECTIVE DAT� APRIL l8,2pii.
PARCEL 39—DE-3
BEING A
�,580 SQ.FT./D.04 ACRE
DRAINAGE EASEMENT
SITUATED IN THE
ROARK SURVEY, ABSTRACT N0. I087,
DENTON CDUNTY, TEXAS
DAT�: QECEMBER 2011
J/�enton/P39-OE-3
f PTiGE 2 dF 5
EXHIBIT A- to Ordinance (Praperty Interests)
RICHaA� A. GRAY, JR
OOC. ND. 2008-128436
�.R.�,C.T.
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� ' RbCHAHD A. GRAY, JR
/ OOC, NO, 2008-128436
/ Q.R.D.C.i. ' .
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O.OA AC LIES WITHIN FL04�P�AIN ` �/
BASIS OF BEARING IS NORTH AMEqICAN OATUM
OF 1983 (NAI3-83) STATE PLANE COORDEt�AT�
SYSTEM, TEJ(A5 NORTH CENFRAL.
n
GHAP}!IC SCALE !"-l00'
Q 50 100 �54
� Graham Associa#es,lne.
C4HSllLTfHO ENOINEERS dr PLANNERS
600 SI% FLA05 IXtl1R!'. s1117E 6f30
unx+arae. � �aa�t �a�� e�o-es�
7BFE FlRAfs F—IfOf/18PL9 IIAIt t016J6�-06
THIS EASEMENT LTE5 WI7HIN A FE�ERAL EMERGENCY
MAhAGFMENT AG�NCY pESIGNATE� FLOOd PLAIN OR
FL00� PRONE AA�A AS pESIGNATEO ON iHE FL00�
INSURANC� pAi� MfAP FOR DENTON COUNTY COMMUNI7Y
PANEL 4B121C0370 G,EFFECTIVE QATE APRIL 58,2011.
PARCEL 39—DE-3
BE�NG A
1 �580 SQ.FT./0.04 ACRE
DRAINAGE EASEMENT
5ITUATED IN THE
WILLIAM ROARK SURVEY, ABSTRACT N0. i 087,
DENTON COUNTY, TEXAS
DATE: DECEMBER 20i1
J/Oenton/P39-OE-3
pAGE 3 OF 5
fiTCHARD A
OOC. N0. 2
D.R.p
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R=847: 50' � �
EXHIBIT A- to Ordinance (Property Interests)
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31.10'
3'q7'53"W
40.00'
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•d= 77'33'33'
F=8A7,50'
T�130,89'
L�259.73'
Cp-N70'45' 04'E
Lc-258.71'
NOTE:
0.04 AG LIES WI7HIN FLOODPLAIN
BASIS OF BEARING T5 NQRT}i AMERICAN pATUM
dF 1983 (NA�-83) STATE PLAt�E CDORtlINATE
SYSTEM, T�XAS NORTH CENTRAL.
n
GqApH;C SCpLE i'-100'
0 50 100 150
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CONSULTIHO ENGINEEqS d� PLANNERS
eoa gx ruas n�v�� sui� aoo
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RICHARU A, GfiAY. �3R
pDC. Np. 2048-128438
o.A.d.�.�.
THI5 EA5EMENT LIES WITHIN A FE�ERAL EMERGENCY
MANAGEMENi AG�NCY OESIGNATED F'LDDp PLAIN OR
FLOOD PAONE AREA AS p�5IGNATED ON THE FL00�
INSURANCE RA7'E MAP FaR DENTON COlJNTY COMMUNITY
PANEL 48121C0370 G,EFFECTIVE DATE ApAZL 18,2011.
PARCEL 39--DE--3
BEZNG A
1;5BD SQ.FT./0.04 ACRE
DRAINAGE EA5EMENT
SITUATED IN THE
�YILLIAM ROARK SURVEY, ABSTRACT Na. 1U87,
DENTON COUNTY, TEXA5
,_ C]ATE; DECEMBER 201!
J/�enton/P39-0�-9
�
Page4of5
EXHIBIT A- to Ordinance (Property Interests}
PARCEL 39-DE-3
LEGAL DESCRIl'TION
DRAINAGE EASEMENT
Being a 0.04 acre tract of iand sit�aated in the Wi�liam Roark Survey, Abstract No. 1087,
Denton County, Texas and being a portion of that certain parcel conveyed to Richard A.
Gray, Jr., as recorded in Instrument No. 200&128436, Deed Records, Denton County,
Texas, and being more particularly described as follaws:
COMM�N�IN�,�t a found 5/8 anch,iran.rnd with cap, said poin# being in the south line
of said Richard A. Gray Jr, tract and the northwest corner of Lot 7, Btocic A, Meadows at
Hickory Creek, Phase 4ne as conveyed to Linda J. and John M. Alexander, Instrument
No, 2010�63691, Deed Records, Denfon County, Texas, and being in t�e exisiing east
right-of-way line of Bonnie Brae Street {ha�ing a variabie width R.O.W.);
THENCE North 88°04'29" East, leaving said existing east right-of-way iine and a�ong
said south 1ine, a c�istance of 48.50 feet to a point, said point being in the proposed eas#
right-of-way iine of Bonnie Brae Stree# {k�aving a variable width R.O.�V.);
THENGE Narth O1°19'09" West, leaving said sou#h line and following along said
proposed east right-of-way line of Bonnie Brae Street, a distance of 135.4b feet to a
point, being the beginning of a non-taz�gent cUrve to the right ha�ing a radius of 752.50
feet, a centraI angle af 69°20'i6", and a long chord whic� bears North 4�4°51'43" East,
856A9 feet;
THENCE along said proposed eas# right-of-way line and along said non-#angent cuzve to
the right, an arc distance of 910.65 feet to a point for corner,
THENCE North 79°31'S1" East, continuing along said pxoposed east right-of-way line, a
distance of 228.4b feet to a point for corner, being fhe beginning of a tangent curve to the
lef� having a radins of 847.50 feet, a central angle of 17°33'33 ", and a iong chord which
bears Narth 70°�45'04" East, 258.71 feet;
THENCE continuing along said proposed east righi-of-way line and along said tangent
curve ta the left, an arc distance of 259.73 feet to a point for comer, being the P�INT OF
BEGINNING, and being the beginning of a cornpoux�d curve to the left having a radius of
847.SQ feet, a central angle of O1°42'35", and a long chord which bears North 61°07'DO"
East, 25.29 feet;
THENCE coniinuing along said proposed east right-of way line and along said
compound curve to the left, an arc distance of 25.29 feet to a point for corner,
THENCE SoUth 20°12'07" East, Zeaving said proposed east right-of-way line, a distance
of 15.41 feet to a pozn� for carner;
THENCE North 69°47'S3" East, a distance of 7.SD feei to a point for eorner;
EXHIBIT A- to Ordinance (Property Interests)
Page 5 of 5
THENCE Sauth 20°12'07" East, a distance of 3�.10 fe�t to a point for comer;
THENCE South 69°47'S3" West, a distance of �40.00 feet to a point far corner;
THENCE North 20°t2'07" West, a distance of 31.10 fce� to a point for corner;
THENCE North d9°47'S3" East, a distance of 7.5� feet io a point for corner;
THENCE Nnrth 20°12'07"' West, a distance of 11.59 feet to #he POINT OF BEGTNNING
and CONTAINING 3.,5$O square feet, O.Q4,acres,afland, mare or less.
03—�5�-�d. �
PAGE f 4F 3
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35p0 RSESLIM6 Oq
LOT 27, BLDCK 2 ��
PETER ZHEI & ��
DING MANG .�
.mR.'���'��
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'� �oi Ne�.or oA
LOT 26, s�ocx z
STEVEN DAVID &
�{.I�l1REN� i3AINEY
EXHIBIT A- to Ordinance {Property Interests)
1 Q° s �35 � 5q �
; 1 R�839.91'
; 7=48.42'
�; I; �=96.72'
; 1 Cb=N35 '42' i i"E
, `C=96.67' �
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��� �579'37' 25"W T
V
A5U5 iiERLOi OR
LOT 25, BLOCK 2
BAULE 8 KRYSTAL
5TEHART
fNN 4508 MEf�Q7 tRi
��a �or z4. BLOCN 2
�� LEE 6 LA7ASHA
CAiiTEi�
� 1513 HEFR.OT ➢R
. � L4T�-23. �..BLflCK .2 .
CHRISiO?HER SIMS
1617 ?iEAL6T OR
LOT 22. BLtlCK 2
tlOUGLAS iEAGUE
ebz� r�a�oT oA
LOT 21, BLOCK 2
` JANES BALLAqD
480t NERLOT 6R
�ar ao, a�nck z
JEREMY � LAURA
NELLS
�B05 MERLOT OR
LOi !9, BLOLK 2
pALE 6[lAN7AS
POINT OF
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NOTE:
0.03 AC LIES WITHIN FLQOQPLAIN
BASIS OF B�ARTNG TS NOR�N AMERICAN DATUM
OF 1983 (NAR-83) fi7ATE PLANE COOROINATE
SYS7�M, 7EXAS NORTH CENTRAL.
n
6RAPHIC SCALE f'-500'
50 100 150
^ Graham Assocfates,lnc.
CQf45ULTIHG ENCINSfRS 3 PLANhERS
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ueuHa�rori. 7E%AS 7lD11 e� e�o--ee3a
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WILLIAM
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L�307.95' � �
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, � PRIVATB DRIVB "�. � RIC}iARfl A. GRA'Y, .hi
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H6RNBEAM S7
7, BLUCK A LtlT 9. LOT 8. LOT !0,
IOHN il. AlE%FN�ER BLOCK A 6LUCK A BLOCK 11
7. 2056-63fi9;
R.9.C.T.
THIS EASEMENT LIES WITHIN A FEQEFA� EMERGENCY
MANAGEMENT AGENCY OESIGNAiED FLOQO PtAIN OR
FL00� ARONE AREA AS OESIGNA7E[] ON THE FLD00
INSURAiJCE RATE MAP FOR Q�NTON COUNTY COhfMUNITY
PANEL 4812fC0370 G,EFFEC7TVE DATE APFIIL ]8,20f1.
PARCEL 39-5E— ],
BEiNG A
1,115 SQ.FT./D.03 ACRE
SLOPE EASEMENT
S�TUATED IN THE
R4ARK SURVEY, ABSTRACT N0. 1087,
DENTON COUNTY, TEXA5
QATE; DECEMBEA 2Q11
J/Uentof7/P39-SE-1
Page 2 of 3
EXHIBIT A- to Ordinance (Property Interests)
PARCEL 39-5E-1
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 4.03 acre tract of land situated in the William Roark Survey, Abstract No. 1Q87,
Denton County, Texas and bezng a portion of that certain parcel conveyed to Richard A.
Gray, Jr., as recorded in Instrum�n# No. 2008-f 28436, Deed Records, Denton Coeuity,
Texas, and being more particutarlq c3escribed as fo�lows:
COMN.IENCING ,at,a,%�nd.5l8:.inch:,iron rod with cap,� said point being the in �he south
line of said Richard A. Gray Jr. tract and the n.orthwest corn�r of Lat 7, Block A,
Meadows at Hickary Creek, Phase One as conveyed to Linda J. and John M. Alexander,
Instrument No. 2010-63691, Deed Recorc�s, Denton Co�nty, Texas, and being in the
existing east right-of-way Iine of Bozuue Brae Street (having a variable wi�th R.4.W.);
THENCE North $8°04'29" East, leaving said existing east right-of-way line and along
said south line, a distance of 48.50 feet to a point, said point being in the praposed east
right-of-way line of Bonnie Brae Street (having a variable width RQW.};
THENCE North 01°19'09" West, leaving saia south line and following along said
proposed east right-af-way line of Bonnie Brae Street, a distance of 135.4b feet to a
point, being the beginning a� a non-tangent curve to #he r�ght having a radius of 752.50
feet, a central angle of 23°26'S0", and a long chord which bears North 21°S4'S9" East,
305.80 feet;
THENCE along said praposed east right-of way line and said non-tangent curve to the
right, an arc distance o� 307.95 feet ta a point;
THENCE North 36°10'36" West, leaving said proposed east right-of-�vay litze, a distance
of 100.�46 feet ta a poznt for corner being the POINT OF BEGINNING, said paint being
in the proposed northwesterly right-of-way line of said Bonnie Brae �treet;
THENCE �outh 79°37'25" West, a�ong said praposed northwesterly right-of-way Iine, a
distance of 17.53 feet to a point far corner, for the beginning of a non-tangent curve to
tha righ� hav�ng a radius of $39.91 feet and a centrat angle o£ 06°35'S4", and a Iong chord
which bears North 35°�42'11" East, 96.6'� feet;
THENCE leaving said proposed northwester�y right-of-way line and along said nan-
tangent curve to the right an arc distance of 96.'12 feet to a point for ca�zzer;
THENCE South OS°35'07" West, a distance of 28.91 feet to a point for corner, for the
beginnang of a non-tangent curve to the left having a radius of 847.50 feet, a central azigle �
of 03°59'a2", and a long chord which beazs South 37°58`53" West, 59.OS feet, and also
being in the said propos�d nortt�westerly right-o£-way line of Bonnie Brae Street;
EXHIBIT A- to Ordinance {Property Interests)
Page 3 of 3
THENCE along said proposed narthwesterly right-of-way line and along said nan-
tangent curve ta the left, an arc distance of 59.09 feet to the POINT OF BEGINNING and
C4NTAINING 1,115 square f�et, 0.03 acres of land, more or less.
. OZ���7r 4v��.
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PAGE 1 f� 4
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L4T 27, BLOCK 2
PETEA 2HU 6
OTNG NANG
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LOT 2&, BLOCK 2
5TEVEN bAYIO &
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4505 :IEALOT OR
LOT 2S, BLOCK 2
BRVCE & KRYS7AL
STENART
�� <509 NEAlOi 6A
q� LOF 21, BLOCK 2
LEE 8 LATASHA
CARTEA
� �5i3 HERLOT flR
��6T 23; 6COCK 2
CHNI5TOPHFA SIN5
�517 NERL�T OR
L�i 82, BLOCK 2
DOUGLAS YEAGUE
452i MEALOT �A
LOT 21, e�ocx a
JAMES B►LLAF�
�BOS NERCOT OA
LOT 20 BLOCK 2
.�a�Ms c uua�
XELLS
�605 ItERIOT OR
L0� t9, eLtlCK 2
OFLE PIIANTA5
POINT OF
EXHIBIT A- ta Ordinance (Property Irt�erests)
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BA5I5 OF BEARTNG IS iVORTH AMERiCAN DATUM
OF'1983 (NAD-B3} 5TATE PLAME C04RDINATE
SYSTEM, TEXAS NORTH CE�ETRAL.
n
6RAPHIC SCALE 3'�l00'
0 50 f00 150
Graham Associates,lnc.
� CO!lSULTINfi ENGI�EERS � PL�NNEftS
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� RICHARD A. GRAY, JR
�"JJ— `� � ' WC. N0. 2068-12843&
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YBEAti ST
3i.0EK A !OT B, LOT 8, LOF 10,
I M. ALE%kN�ER 9LOCK A 6lOCK A BLpCK A
!610-63691
.C.T.
THIS EASEMENT LIES WITHEN A FEQfRA� EMERGENCY
MANA6EMENT AGENCY R�5EGNATEO FLOOD PLAIN OA
FLOOD PRONE AREA AS D�SIGNATED ON THE FL000
INSURANCE RATE MAP FOR DENTON COf1NTY COMMUNITY
PANEL 4812tC0370 G,EFFECTIVE OATE APRIL iB,�Oli.
PARCEL 39--5E-2
BEING A
i3,562 S�.FT./4.31 ACRE
SLOPE EASEMENT
SITUATED IN THE
R4ARK SURVEY, ABSTRACT N0. 1087,
DENTON COUNTY, TEXAS
�ATE: DECEMBEA 2013
.i/ �cn w� �1 r.»-o�--c
EXHIBIT A- to Ordinance (Property Interests)
PAGE 2 OF 4
-�� 22'14' 32"
R=839.91'
T�165.i1'
L-326.05'
Cp�N53'06' 13"E
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RiCHARO A. GRAY, JR
OOC. N0. 2008-128436
U.R,D,C.T.
_ _.
-A= 5'Q2'38" �
R=S853.58' - � - _
�7�92.45'
L.�184.74' - --
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` Rm847 . 5E1' FLOODPL,AIN� �
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OOC. Nd. 2008-128436
i D. R. D. C. T. ��� ���o-;��
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/
BASIS OF BEAREN6 IS NORTH AMERICAN DATUM
0� 1483 (NA�-83} 5TATE PLANE COOR�INATE
SYSTEM, TEXAS NQRTH CENTRAL.
n
6FAPNIC SCALE !'-140'
0 50 100 150
� Graham Associates Inc.
COl�StiLTIMO ENGIlfEERS � AL�iNNERS
eoo s�x tuos wavE. su� eao
uu�rwrue� hw.e �eori �a» a�o-as�s
iBP£ FIRMI� F-1191/BPL! pp� 101630-00
TMI5 EASEMENT LIES Y�iTHIN A F��ERAL EMERGENCY
MlANAGEhEFNT AGENCY �ESIGNAT�� FLOOD PLAIN OA
FLOQO PRONE AFEA AS DESIGNATEd ON THE FLD00
INSUAANCE RAiE MAP FOR �EN7QN CDUN'fY CDMMUNITY
PANEL ABS21C0370 G,EFFECTIVE pATE APRTL l6,204f.
PARCEL 39-5E-2
BEING A
�3,562 SQ.FT./0.31 ACRE
SLOPE EASEMENT
SITUATED IN THE
WILLIAM ROARK SURVEY, ABSTRACT N0. 1087,
DENTON COUNTY, TEXAS
DAiE: �ECEMB�R.2011
J/Oentan/P39-SE-2
Page 3 of 4
EXHIBIT A- to Ordinance (Property Interests)
1'ARCEL 39-5E-2
LEGAL DESCRII�TIQN
SLOPE EASEMENT
Being a 0.31 acre tract of land situated in the William Roark Survey, Abstract Na. 1087,
Denton County, Texas and being a portion of that certain parcel conveyed to Richard A.
Gray, Jr., as recorded in Instiument No. 2�08-12843G, Deed Records, Denton County,
Texas, and being mare particularly described as follows:
�OMMEN,�TN�']r.,3L..a.�O11t�C�.S%S 1AC�1.iLOri�.Liaa,Al+ltil Cap, said.point be�ng ���e in the south
Iine of saic� . Richard A. Gray Jr, tract and the northwest comer of Lot 7, Black A,
M�adaws at Hickory Creek, Phase One as conveyed to Linda 3. and Jahn M. Alexander,
Instrument No. 2010-63691, De�d Records, Denton County, Texas, and being in the
existing east right-of way line nf Boz�z�ie Brae S�reet {having a variable width R.O.W.);
THENCE North 88°04'29" East, Ieaving said existing east right-of-way line and along
said sauth line, a distance of 4$.50 feet to a point, said point being in the proposed east
zight-of-way line of Bozinie Brae Street (having a variable width R.O.W.);
THENCE North O1°19'09" West, leaving said south fine and followir�g atong said
proposed east right-of-way Iine of Bonnie Brae Street, a distance af 13 5.46 feet to a
paint, being the beginning af a non-tangent curv� #o the right ha�ing a radius o� "152.50
feet, a central angIe of 32°4�'23 ", and a iong chord whick� beazs North 26°31'46" East,
432.33 feet;
THENCE along sazd proposed east right-of-way�line and said non-tangent curve to the
right, an arc distance of 429.I2 feet to a point;
THENCE North 47°0$'02" West, leaving said proposed east rigl�t-af-way Iine, a distance
of 95.00 feet to a point for corner, being th$ POINT OF BEGINNING, said point being in
#he proposed northwesterly right-of-way Iine of said Bo�u�ie Brae Street;
THENCE North OS°35'OT' East, leaving said proposed narthwesterly righ#-of way Iine, a
distance of 30.12 feet to a pQint far carner, for the beginning of a non-tangent curve to
tkze right having a radius o£ 839.91 feet and a cenira� angle of 22°14'32" and a.long chord
which bears North 53°06'13" Easi, 324A1 feet;
THENCE along said non-tangent curve to the ri�t an arc distance of 326.05 feet to a
point for corner, for the beginning of a compound curve ta the right �aving a radius of
1853.58 feet, a central angle of 5°a2'38", and a long chord which bears Nartl� 70°50'45"
East, 184.d6 feet;
THENCE along said compound curve to the right, an arc distance of 184.74 feet to a
point for corner;
EXHIBIT A- to Ordinance (Property interests)
Page 4 of 4
THENCE South 02°12'35" West, a distance of 34.84 feet io a point for corner, far the
beginning of a non-tangent curve to #he left having a radius of 847.50 feet and a ceniral
angle of 34°27'16" and a lvng chord which bears South 60°OS'36" West, 502.40 feet, said
point being in, the said proposed northwesterly right-of-way line of Bonnie Brae Street;
THENCE along said proposed nortl�westerly right-af-way line, and alang said non-
tangent curve to the left an arc distance of 509.64 feet to the POINT OF BEGINNING
and CONTAINFNG 13,562 square feet, 0.31 acres ofiand, more ar less.
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PAGE 1 OF
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3509 RIESlING �R ���
LOT 27. BLOCK 2 ,�'�`l�'
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EXHIBIT A- to OrdEnance {propertv Interestsl
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LOT 22, BLOCK 2
A�U6LAS TEAGIIE
A521 MERLOi �R
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460L ISERLOT 6R
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JEfiEHY S LA11RA
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DA�E UUANTAS
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0.10 AC LIES WITHIN F'LO��RLAIM
BASTS OF BEARTNG I5 NbRThi Ah{ERICAN bATUM
OF 19g3 (NAD-83) STATE PLANE COpRDINATE
SYSTEM, TEXAS NORTH CENT�iAL.
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ARAPHIC SCALE 1"yS00'
Q 5Q 100 150
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COHSl1LTINC �NGIHEERS � PL�NNERS
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7, sLOCK A �OF B. LOT 9, LOT iQ,
fUHN M. ALE%ANOER B�OCK A 6LOCK A BLOCK A
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q.O.C.T.
THIS EASEMENT Li�S WITHiN A FE�ERAL EMEFiGENCY
MANAGEMENi AGENCY DESISNATEd FL00� FLA�N DR
FL000 PAONE AREA AS �ESIGiYATE� QN TNE FL�00
INSURANCE RAtE MAP FOR DENTON COUNTY CaMMUNITY
PANEL 48121CO3i0 G,EFFEC�IVE �ATE APRIL 18,20fi.
PARCEL 39-5E-3
BEING A
4,477 SQ,FT./0.10 ACRE
SLOPE EASEMENT
SITUATED �N THE
ROARK SURVEY, AHSTRACT N4. 1087,
DENTON COUNTY, TEXAS
DATE: �ECEMBER 2011
J/�enton/P39-SE-3
PAGE 2 'OF 4
�
��n��si i r� - ro ura�nance
RICHAR4 A. GHAY, JR
DOC. N0. 2008-128436
Ur'R:U:C.T.
d� !'47'17"
R=1853.58'
T�28.93`
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BA5I5 OF BEARING IS NDATN AME'RICAN ❑ATEIMi
dF f983 (NAD-63) STATE PLAiJE COORQINAT�
SYSFEM, TEXAS NOR7H CENTRAL,
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GRAAHSC SCAIE - f'�100'
U 50 100 i50
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CQHSIiLTIN(i EHqNEERS �C PLAK�4ERS
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7BPE ARM� I-lSCl/THPLS #1RA1� 1016J0-00
THIS EASEMENT LI�S WITHIN A FEOERAL EMERGENCY
MANAGEMENT AGENCY oESIGNATEO FLD00 PLAIN QR
F�OQ� PAONE AREA AS DESIGNATE� OiV THE FLOQD
iNSLIflANCE RATE MAP FOR pENTON C0lJNTY COMMUNITY
PA1�E� 4812fC0370 G,�FF�CTIV� OATE APRIL 18,2011.
PARCEL 39--5E-3
BEING A �
4,47'7 SQ.FT./0.10 ACRE
SLOPE EASEMENT
SITUATED IN THE
�ILLIAM ROARK SURVEY, ABSTRACT N0. 1U87,
DENTUN COUNTY, TEXAS
DATE: QECEMB�R 2011
J/Oenton/P39-SE-3
Page 3 of 4
EXHIBIT A- to Ordinance (Property Interests)
PARCEL 39-5E-3
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 0.10 acrs tract of larzc� situated in the�William Roark Sutvey, Abstract No. 1087,
Denton County, Texas and being a portion of that certain parcel conveyed to Richard A.
Gray, Jr., as recorded in Instrument No. 2008-128436, Deed Records, Denton County,
Texas, and being rnore particularly described as follovvs:
COMMENCIi��,.at,a.found.5/8,incla fran�od.with cap, said.}�ointbeing.the in the south
line of said Richard A. Gray Jx. tract and the northwest corner af Lot 7, B1ock A,
Meadows at Hickory Creek, Phase One as canveyed to Linda J. and �ohn M. Alsxander,
Instrument No. 2010-63691, Deed Records, Denton Caunty, Texas, and being in the
existing east right-of-way line of Bonnie Brae Street (having a variable width R.O.W.);
THENCE North 88°04'2g" East, Ieavin,g said existing east right-of-way lin� and along
said south line, a distance of 48.SQ feet to a point, said paint being in the proposed east
right-of-way line af Bonnie Brae Street {having a variable rvidth R.O.W.);
THENCE North O1 ° 19'09" West, leaving sai� south line and foIlowing along said
proposed east righf-of-way line af Bonnie Brae Street, a distance of 135.�5 fee# to a
point, bein� the beginning of a non-tangent curve to the right having a radius 'of 752,50
feet, a central angle of 68°52'I1", and a long chord which bears North 44°37'40'" Easi,
851.03 feet;
THENCE along said proposed east right-of-w�y line and said non-tangent curve to the
right, an arc distance of 904.51 feet to a goint; �
THENCE Narth I O°56'14" West, leaving said proposed east right-of-way line, a distance
of 95.00 fcet to a point for corner, being the POINT OF BEGINNING, said point being in
the propased northwesterly rig�t-af-way line of said Bornnae Brae Street;
THENCE North Q2°12'35" East, leaving said proposed northwesierIy right-of-way line, a
distar�ce of 36.77 feet to a point for carner, :for the beginning of a non-tangent curve to
the right having a ra�ius of 1853,58 feet and a central az�gle of 1°47'17" and a�ong chord
which t�ears Nort� 75°24'29" East, 57.84 feet;
THENCE along said non-tangent curve to the right an arc disiance of 57.85 feet to a point
far corner;
THENCE North 76°18'08" East, a distance of 51,60 feet to a point for corner;
THENCE South 10°28'09" East, a distance of 42.91 feet to a point for corner, said point
b�ing in the proposed northwesterly right-of-way iine of saitl Sonnie Brae Street;
EXHIBIT A- tn Ordinance (Property Interests)
Page 4 of 4
THENCE Sauth 79°31'S1" West, along said proposed northwesterly right-of-way line, a
distance of 1 t0.36 feet to a poin# for corn�r, for the beginning of a ta�gent curve io the
left having a radius of 847.50 feet, a central angle of 0°2$'O5", and a long chord which
bears South 79° 17'48" West, 5.92 feet;
THENCE continuing �long said proposed northwesteriy right-af-way Iine, and along said
tangent curve to the le#t, an axc c�istance of 6.92 feet to the POINT QF BEGINNING and
CONTAINING 4,477 square feet, 0.10 acres of land, mor� or less.
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3506 RIE$LYNG OR /�.�
LO�TEiER tHl�lCB 2 P�a� .
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LOT 22, 6LOCK 2
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JAMES BALLAR�
469f MEFLOT OR
L4T 26, BLOCIS 2
JEHEMT & LAUAA
WELL5
1605 MEHLOT �A
LOT 19, BLpCI( 2
4AE.E OUANTAS
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BAST5 DF BEARING YS NOFiTH AMERICAN ❑ATUM
OF i983 ENAD-89} STATE PLANE COOR�INATE
SYST�M, T�XAS NDRTH CENTRAL,
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,ERAif�Efi BLOCK A BLOCK A BLOCK A
169!
A PORTION OF TNIS �ASEMENT LIES WITHIN A FEDERAL
EMEAGENCY MANAGEMENT AGENCY OESIGNATEfl FLbQp PLAIN
OR FLOOD PRON� A}iEA AS �E5IGNATEO DN THE FLOOD
INSURANCE AA7E MAP FOR UENTON COUNTY COMMUNI'CY
PANEL AB121CQ370 G,EFFECTIVE OATE APRIL 18,20fi.
PARCEL 39--5E-4
�EiNG A
19,031 SQ.FT./0.44 ACRE
SLOPE EASEMENT
SITUATED IN THE
ROARK SURVEY, ABSTRACT N4. 1U87,
DENTON COUNTY, TEXAS
dATE: DECEMSER 2011
J/Oenton/P39-SE-4
x,�nttst 1 A- fo Urqinance (Yro er Interests
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�= 45'59' 2fi" �
R-752.50'
7�3t8.57'
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OOC. N0. 2008-128438
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a= 3f'02'54" R=1762.34' ��
Rm7fi0.49' T�if5.39'
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L�412.10' Cbm576'S9'34'W /
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BA5IS OF BEARING IS NORTH AM�RICAN �ATUM
OF f983 (PEAp-83) STA7E PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTFIAL.
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GRAPNIC SCALE 1'-100'
0 50 f00 l54
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CONSULTIHG ENGINEERS � PL�NNERS
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A POR7T�N OF TFiIS �ASEMENT LIES WIiHIN A FEDERAL
EMERGENCY MANAGEMENT AGENCY OESIGNATE� FLQOD PLAItV
OR FL00� PRONE AREA A5 OESIGNAT�d ON THE FL06D
INSIJRANCE RATE hiAP FOR �ENTON COUMTY COhiMUNITY
PANEL 48121G037p G,EFFECTfVE DRTE APAIL f9,2021.
PARCEL 39-5E-4
BEZNG A
19,031 SQ.FT./D.44 ACRE
SL4PE EASEMENT
SITUATED IN THE
W�LLIAM RQARK SURVEY, AHSTRACT N0. l087,
DENTON COUNTY, TEXAS
❑ATE: ❑�CEMBER 2011
.1/Denton/P39-SE-4
Page 3 of 4
EXHIBIT A- to Ordinance (Property Interests)
PARCEL 39-5E-4
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 4.44 acre tract of lanci situa#ed in the Wiiliam Roark St�rvay, Abstract No. 1087,
Dentan County, Texas and being a portion of ihat certain parc�l conveyed #o Ri.chard A.
Gray, Jr., as recorded in Instrument No. 2008-12843b, Deed Records, Denton County,
Texas, and being more particutarly described as follows:
CQMMEN�ING.at a,found 5I8 inch.iron rod with cap, said point being in khe sou� �ine
of said Richard A. Gray ]r, tract and the northwest corner af Lot 7, Black A, Meaaows at
Hickory Creek, Phase One as conveysd to Linda J, and John M. Alexander, Instrument
No. 201D-6369I, Deed Recoxds, Denton County, Texas, and being in� the existing east
right-of-way line of Ba�nie Brae Street (having a variable width R.O.W.);
THENCE North 88°04'29" East, leaving said existing east right-of-way line and along
said south Iine, a distance of 48.50 feet to a pnznt, said point being in the proposed east
right-af-way I�ne of Bonnie Brae Street (having a variable width R.O.W.};
THENCE Nflrth 01°19'09" West, leaving saic� south line and foIlowing along said
proposed east right-of-way line of Bonnie Brae Street, a distan.ce of 135.46 feet to a
point, being the beginning oi a non-tangent curve to the right having a radius of 752.50
feet, a central an�e of 23°26'S0", and a long chord which bears North 21°S�4'S9" East,
305.80 feet;
THENCE along said proposed east right-of-way line and along said non-tangent curve to
the right, a.n arc distance of 307.95 feet to a point for comer, being the POINT OF
BEGINNING, and being the beginning of a compound curve to the right having a rad�us
of 752.50 feet, a central azzgIe of 45°53'26", and a lang chord which bears Narth
56°35'07" East, 586.73 feet;
THENCE along said proposed east right-of-way line, and along said eornpound, a
distance af 602.71 feet to a point for corner;
THENCE North 79°31'S1" East, continuing a�ong said east right-of-way line, � distance
of 110.36 feet to a point for comer;
THENCE South 10°28'09" East, leaving said proposed east right-of way line, a distance
of 18.00 feet to a point for corner;
THENCE Sou#h 79°31'S1" West, a disiance af 7.SD feet to a pQint for corner;
THENCE Sonth 10°28'09" East, a distance of 22.93 feet to a point for corner;
EXHIBIT A- to Ordinance {Property Ynterests)
Page 4 of 4
THENCE South 80°44'l $" West, a dis�ance of 44.03 feet to a point for corner, for the
beginning of a tangent curve to the left having a radius of 17'62.34 feet, a central angie of
7°29'29", an� a�ang chard whic#� bears South 7b°59'34" West, 230.26 feet;
THENCE�a�ong said•�ar�gent cuzv�e to the left, an �arc distance of 230.42 feet to a point for
carner, for the beginning of a cornpound curve to the left having a radius of 760.48 feet, a
central angle of 31°02'S4", and a lang chord which bears South 52°32'33" Wes#, 407.07
feet;
THENCE along said compoUnd cur�e to the Ie#}, an arc distance of 412.10 feet to a point
for corner;
THENCE North 56°16'38" West, a distance of 8.88 feet to the FOINT OF BEGINNIlVG
and CONTAIrTING 19,031 square feet, 0.44 acres of lanc3, more ar less.
03�rs-�, --
PAGE i UF 5
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3500 RIFSLING OR ��
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JAMES BALLAqp I
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pCK A L07 B. LQT 9, LOT 10.
I. ALEXAFIOEA BLOCK A BLOCK A BLOCK A
6-6369f
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TI�IS EASEMENT LIES WI7kIN A FE➢EAAL EMERGENCY
MANAGEMEI�� AG€NCY OESIGNA7E❑ FLOfl� PLAIN �R
FLOQO PROEVE AREA AS OESIGNATED �N TIiE FLOOD
INSU�IANCE RATE MAP FOR OENTON COlJNTY COMMLlNiTY
PANEL 48f21C0370 G,EFFECTIVE DA7� APRTL 18,201i.
PARCEL 39--5E--5
BEING A
i �,285 SQ.FT./0.2fi ACRE
SLOPE EASEMENT
SITUATED �N THE -
ROARK SURVEY, ABSTRACT N0, 1U87,
DENTON COUNTY, TEXAS
OATE: DEC�MBER 2011
J/�enton/P39—SE-5
PAGE 2 OF S
EXHIBIT A= t� Ord'enance {Property Interests)
: Ei�CMARQ.A. . GRAY, ,JR
dOC, i�0, 2008-128435
D. fi.U. C. T,
�- i7 `33' 33"
R�847.50'
T-130.89'
L=259.73'
Gb=N70 '45' 04 "�
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❑OC. N0. 2008-128438
/� O.R.O.C.T. �����C����S��
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�/ �OT26 AC LIES WITHIN FLOOOPLAIN
6ASI5 UF BEA�IING IS NORTH AMERICAN DA7UM
OF 1983 (NAD-83) 57ATE'PtAiVE COOROINATE
SYSTEM, 7EXA5 NORTH CENTAAL.
n
GRAPIiIG 5CALE 1'�10�'
0 50 100 150
. Graham Associates,lnc.
CONSEILTINO ENCIHEERS �t ?LANNERS
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THIS EASEMENT �IES WITNIN A FEDERA�. �M�AGENCY
MANAGEMEN7 AGENCY OESIGNATEO Fi.00D PLAIN QR
FLOOQ PRON� AREA A5 OESIGNRTE� QN TH� FL00�
INSURANCE i�ATE MAP FOR OENTON COUNTY COMMUNITY
AANEL 49l21CD37Q G,EFFECTIVE OATE APRIL 18,2011.
PARCEL 39--5E-5
BEING � A
1.1,285 SQ.FT./Q.26 ACRE
SLOPE EASEMENT
SITUATED �N THE
WILLIAM ROARK SURVEY, ABSTRACT N0. � 087,
DENTON COUNTY, TEXAS
DA.7�::. f�ECEMBEFi .20! i
J/Oentan/P39-SE-5
C�'ACr� 3 �IF �
EXHIBIT A- to Ordinance (Property Interests)
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Page 4 of S
EXHIBIT A- to Ordinance (Property Ir�terests}
PARCEL 39-5E-5
LEGAL DESCRiPTION
SL�PE EASEMENT
Being a Q.26 acre tract of land situated in the William Roark 5urvey, Abstract No. 1087,
Denton County, Texas and being a por#ion of that certain parcel conveyed to Richard A.
Gray, Jr., as recorded in Instrument No. 2008-128436, Deed Records, Denton County,
Texas, and being more particuiar�y descrihed as follows:
COMMENCING at a found 5/$ inch iron rod with cap, sazd point being in the south Iane
of said Richard A. Gray Jr. tract and the northwest corner of Lot 7, Block A, Meadows at
Hickory Creek, Phase Qne as conveyed to Linda J. and John M. Alexander, Instrument
No. 2010-63691, Deed Records, Dentan County, Tex.as, and being in the existing east
right-of-way line aiBonnie Brae S#reet (having a variable width R.O.W.);
THENCE North 8&°04'29" East, leaving said existing east right-of-way line and aiong
said south line, a distance of 48.50 feet to a point, said point being in the proposed east
rigl�t-o%way line of BonriieBrae 5txeet �having a variable widthR.Q.W.};
THENCE North 01°19'�9" West, 1eav�ing said south line and foliowing along said
proposed east right-of-way line of Bo;t�nie Brae Street, a�dista.nce of 135.46 feet to a
point, being the beginning of a non-tangent curve #o the right having a radins of 752.50
feet, a centra� angle of 69°20'16", arkd a long chord which bears North 44°51'43" East,
856.09 feet;
THENCE along said proposed east right-af-way line and along said non-tangezxt curv� to
the right, an arc distance of 910.b6 feet to a point for cor�er, �
THENCE North 79°31'51" East, along said proposed east zight-of-way line, a distance of
135.36 feet to a point for corner, being the POINT OF BEGINNING;
THENCE North 79°31'S1" East, continuing along said proposed east right-of-way line, a
distance of 93.I 0 feet to a point for corner, for the beginning af a tangent curve to the left
having a radi�as af 847.50 feet, a central angle of 17°33'33 ", and a long chord which bears
North 70°�}5'04" East, 258.71 feet;
THENCE continuing along saic� proposed east right-of-way �ine, and along said tangent
curve to the left, ar� arc distance of 259.73 feet to a paint for corner;
THENCE So�th 20°12'07" East, leaving said proposed east right-of-way Iine a distance
of ll.59 feet to a point for corner;
THENCE South 69°4T53" West, a distance of 7.50 feet to a point for comer;
EXHIBIT A- to Ordinance {Property Interests)
Page 5 flf 5
THENCE South 20°12'07" East, a distance of 22.16 feet to a point for cprner, for the
beginning af a nan-tangent curve ta the right having a radius of 880.00 feet and a ce:ntral
angle of 16°�46'34" and a long chord which bears South 71 °08'34" West, 25b.74 feet;
THENCE .along sai.d non�tazigent curve -to �the right an arc distance of 257:fi6 feet io a
point for corner; �
THENCE South 79°31'S�" West, a distance of 85.60 feet to a point for corner;
THENCE North 10°28'09" West, a distance af 14.50 feet ta a point for corner;
THENCE Sauth 79°31'S1" West, a distance of 7.50 feet to a point for carner
THENCE North 10°2S'09" Wes#, a distance of i8.00 feet to tlze POLNT OF BEGINNING
and CONTAINING 11,285 square feei, 0.25 acres of land, more or 1ess.
o3-rs -z.Q� c_
pAGE 5 OF 5
/
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3600 RIESLYNG �R ���
LQT 27, BLOCK 2
PETER 2HU 6
OING NANp ��„�,�,
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BRl1C� 6 NAY5TAL
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CHAISi�pHEF SIH9
�Si7 MERLOT OA
L67 22, $LpCK 2
oov�i�s Te�aue
�82f HEq�,Di OR
LOF 21, BLOCK 2-
JAHES BAILFflU
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� lOT 24, BLOCK 2
JEqENY B LAURA
NELl3
4665 MERLOY OR
L07 L9, BLOCK 2
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5Y5TEM, T�XAS NdATH CENTRAL.
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ExAkOER BLOCK A BLaCN A 6L�CK A
1691
THIS EASEMENT LIES WITNiN A FE�ERAL EMERGENCY
MANAGEMENT AGENCY �ESIGNATED FL00❑ PLAIN OR
FL00� PRONE AREA A5 D�SIGNATED ON THE FLOOD
INSURANCE F1ATE MAP FOR DENTON COUNTY COMMUNiTY
PAN�� 48121C0370 G,EFFECTIVE OAT� A?RIL 18,20f1.
PARCEL 39—SE--fi
BEING A
16,371. SQ.FT./0.38 ACRE
5LOPE EASEMENT �
SITUATED IN THE
RDARK SURVEY, ABSTRACT N0. i087,
DENTON COUNTY; TEXAS
DA�FE: ❑ECE�EBER 20i1
J/Dentnrt/P39-SE-6
� PAGE 2 qF 5
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EXHIBIT A - to Ordinance
RICHARU A. GFiAY, JR
OOC, NQ, 2a0g-128436
�:{i:OcC.i.
In
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R°752,50' � � �
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�� 0.38 AC LIES WITHIN FiOQiIPLAIN
6A5I5 OF BEARING IS NORTH AMERICRN DATUM
OF 1983 (NAO-B3) STATE PLANE COORDINATE
$YSTEM, T�7(AS NOR�H C�NTRAL.
n
GRAPHIC SCALE !'-IQO'
0 5Q f00 150
� Graham Associates,lnc,
CDNSl1�TING EHGINEERS A� PiANNER3
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u�araN, tex�s remi fa� e�o-�ea�a
fBPE Fipll� � 11Y7/7BPL.S i7 I 1Ot638-40
THIS EA5EMfENT LIES WITHTN A FE�EAAL EMEflGEt�CY
MANAGEMENT AGENGY OESIGNATEQ FLOOD PLATN OR
FL00❑ PRONE AFiEA AS ❑ESIGiVATE� QN iHE FLOQO
INSURANG� RATE F�AP FQA OENTON COUNTY COMMUiVITY
PANEL 49121C0370 G, EFFECTIVE ClATE APRIL 18, 2011
PARCEL 39-5E-6
BEING A
16,371 SQ.FT./0.38 ACRE
SLOPE EASEMENT
SITUATED IN THE
WILLIAM ROARK SURVEY, ABSTRACT N0. � 487,
DENTON C4UNTY, TEXAS
oarE: d�c�MeE� 201�
J/�anton/P39-SE-6
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BASIS OF BEARING IS NOATN AMERICAN �A7UM
OF 1583 (NA�-83j STATE PLAN� C�QRgINATE
SYSTEM, TEXAS NQRTH CENTRAL,
n
6AAPHIC SCAI.E I'�100'
0 50 100 150
■ Graham Assoc(ates,lnc.
� CUNSULTEHG ENGiNE5R5 � PUNNEAS
aoo mx rucs owve. sU�1t aoo
MMJMGTdI. lE]tAS 7EOIt (617] AIo-663p
TBPE FIR�4i P-17Y1/TaPlB �IR� 101636-00
RICHAAD A. GFiAY, JR
ooc. �uq, zooe-t2aa3s
n.a.o.c.T.
NOTE:
0.38 AC LIE$ WIFHIN FLOODPt,AIN
�
T�iIS EASEMENT LIES WFTHIN A FEQERAL �MERGENCY
MAN.4GEMENT AGENCY OESIGNATEp FL40i7 PLAIN OR
FL00� PRONE AREA AS OESIGNATEA pN THE FLOQU
INSURANC� flATE MAP FOR p�Nl'QN COUNTY COMMUNITY
PANEL 48121C0370 G,EFFECTIVE DATE APRf� 18,2021.
PARCEL 39-5E--6
BEING A
16,371 SQ.FT./0.38 ACRE
SLOPE EASEMENT
SITUATED �N THE
WILLYAM ROARK SURVEY, ABSTRACT N�. 1087,
DENTON COUNTY, TEXAS
i]ATE: �ECEMBEA 20 ] 1
J/Uenton/P39-SE-6
Page 4 of 5
EXHIBIT A- to Ord'enance {Property Interests)
PARCEL 39-5E-6
LEGAL DESCRIPTION
SLO�PE EASEMENT
Being a 0.38 acre tract of land situated in the WiIliam Roark Survey, Abstract No. �1087,
Denton County, Texas and being a portion of tl�at certain parcel conveyed to Richard A.
Gray, Jr., as recorded in Instrument No, 2008-]2$436, Deed Records, Den�ton Cou�ty,
Texas, and being more particulaxly described as follows:
C.OMMEINC�,G.ai a fQUnd.5/8 .inch .iro� rad .with�cap, said point being the ir� the south
lina of said Richard A. Gray Jr. tract and the northwest corner of Lot 7, Block A,
Meadows at Hickory Creek, Phase One as conveyed to Linda d. and Jahn M. Alexander,
Instrument No. 20i0-63691, Deed Records, Denton County, Texas, and being in the
existing east right-of-way line of Bonnie Brae Street (l�aving a variable width R.O.W.);
THENCE North $8°04'29" East, leaving said exisiing east right-of-way line and alang
said south lina, a distance of 48.50 feet to a point, said point bezng in the proposed east
righ.t-of-way line of Bonnie Brae Street (having a variable width R.O.W.);
THENCE North O1°i9'09" West, leaving said south line and foflawing along said
proposed east right-of way Iine of Bonnie Brae Street, a distance of 135.46 feet to a
point, being the beginning af a non-tangen# curve to the righ� having a radius of 752.50
feet, a central angle of 69°20'1 G", and a long chard which bears North 44°51'43" East,
$56.09 feet;
THENCE along said proposed east right-of-way line and saic3 non-tangent curve to the
right, an arc distance of 910.66 feet #o a point;
THENCE North 79°31'S1" East, continuing a.long east right-af-way line, a distazice oi
] 35.36 feet to a point fox corner;
THENCE North � 0°Sb'09" West, leavin� said proposed east right-af-way line, a distance
of 95.00 feet to a point for corner, being the POINT OF BEGINNIIVG, said poini being in
the proposed northwesterIy right-of-way line of said Bonnie Brae Street;
THENCE North 10°28'Q9" West, leaving said proposed northwesterly right-of-way line,
a distance of 4�.32 feet to a point for corner;
THENCE North '16°18'OS° East, a distance of 163.83 feet to a point for corner, for the
beginning af a non-tangent curve to the left having a radius oi 702.50 feet and a central
angle of �3°25'S3" and a tong chord which bears North 67°�3'30" East, 164.3D feet;
THENCE along said non-tangent curve to the left an arc distance of 164.68 fee# to a point
for cozner;
EXHIBIT A- t� Ordinance {Property Interests)
Page S of 5
THENCE South 20°12'07" East, a distance of 50.6�4 feet to a point far corner, for the
beginning of a non-tangent curve to the right having a:radius of 752.50 feet and a centra�
angle of 18°33']7" and a long chord which bears South 70°1S'12" West, 242.63 feet, said
point being in the proposed northwesterly right-of-way line of said Bonnie Brae Street;
THENCE atong said proposec� northwesterly right-of-way �ine, and along said non-
tangent curve to the right an arc distance of 243.69 fe�t to a point for corner;
THENCE Sauth 79°3I'S 1" West, continuing along said northwesterly right-of-way Iine, a
distance of 93.10 feet to the POINT OF BEGINNING and CONTAINING i6,371 square
feet, 0.38 acxes o£1and,.more.Ar 1ess, ,.
PAGE 1 QF 5
/
�
/
350D RIESLING OR •`�}-
LOT 27. BL9CK 2 �F�"
PETEfl 2tiU 8 ,.;s�'•
flING MANG ?�`� '¢;
, . �r� ,,�,,
�i��-
"� �,-
qr �� �
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�30; F1EpLOT pR
L4T 28 6LOCK 2
6TEYEF� OAYIp 6
�-LAWREN�pFINEY � -
�o
�
�V
A505 iIEALp7 OR
LOT 2h, BI,.pCK 2
BRULE q KqY9TAL
57EWFRT
A504 MERLOT OR
LOi 24, BLOCK 2
LEE C ��1TASFIA
CARTER
48i3 MERl.OT OR
L0T�23,��BLOCK�2 � �
CFiRI5i0PHEq 5IM5
4517 MERLOT OR
LOT 22, BLOLR �
oou�i�s r�a�ue
�sz� �ra�or oA
ior �i. BLOCK 2
JAHES BALLAF6
�601 MERLO7 OR
LQT 20, BL6CR 2
.IEREMY 6 LAI:HA
WEL�S
6609 NHRLOT OR
LOT 19, BL�CK @
oa�� auuirhs
EXHIBIT A- to Ordinance (Pronertv Tnterectcl
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NOTE:
0,73 AC LT�S WITHIN �LQDQPLAIN
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BASIS OF BEARING F5 NURTH AMERICAN QA7UM
QF 1883 (NAD-83) STATE PLAN� COOR�INATE
SYSTEM, TEXAS NORTH CENTRAL,
� r
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__ ~�. PRNATS DR[VE f—'" �qICHARD A. GRAY. JR
� � ~ � `. OOC, N0. 29D8-12B434
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°����1��� � �@ n'��. ���ri
K sr
K A L6� 8. LOT 9, L07 f 0.
ALEXpNpEp 6LOCK A BLOCK A BLOqf A
�63691
TtiI5 EA5EMEN7 LIES WTTHIN A FE�ERAL EMERGENCY
MANAGEhfENT AGENCY CIESIGNATEO FLOOD PLAIN OA
FL00� PAONE AREA AS pESIGNATE{] ON THE FLQ00
INSUFANC� AATE MAA FOR DENTON CQUNYY CpMMUNITY
PANEL 48121C0370 G,�FFEC�fIVE OATE APAIL 18,2011.
PARCEL 39-�5E-7
BE�N�G A
� 31,702 SQ.FT./0.73 ACRE
SLOPE EASEMENT
6HAPHIC SCALE =•-�oo• SITUATED IN THE
a 5o soo 150 ��LLIAM RDARK SURVEY, ABSTRACT N0, 1Q87,
Graham Associates Inc. 1AMES EDMONSON SURVEY, ABSTRACT N0. 40U,
� CONSULTINC EHGlNEERS Ik PL,,�NN€R5 DENTON CQUNTY, TEXAS
aoa s�X Fl.�as oR�vs, sin� avo
�ssurrczn�+. �x�s �em� (efy� ea..aese ❑ATE: DECE�fBER 2011
78PE FlR1JE F-1101/'fBPLS F'IRAlt 10f670-00
J/�entDn/P38-SE-7
PAG� 2 OF' S
EXHIBIT A- to Ordenance (Property Interests)
RICHARQ A. GRAY, JR
DOC. N0. 2008-l28436
'CI: R.O:C. T,
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- _14 �~ ~ ' n= ao •zs � i � •
� -� ` T=153.15'
L=303.03'
Cb=NS9'17'15`E
_ � �" - Lc�301.42'
�
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�= 69'�0'iG' FLOOOPLAIN /
Ra752.50' '
T=520.A5' -
L-940.66' �
CbaN44 '5! ' 43"E I
Lc-B56.04' �
�
. I RICHARD A. GRAY, JR
� �9C. N0. 2QOB-�2843& ,�,n
❑.F1.U.C.T. �}����� R?'�"
� � :, r
� ,��;,�J� � ���. a�,�
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� N�TE:
� , 0.73 AC �IES WITHIN FLflO�PI.AIN
BASIS OF BEARING IS NORT}i AMERICAN oarur�
OF 1983 (NAD-83j STATE PLANE COQRATNATF
SY5TEM, TEXAS NORTN CENTRAL,
n
GRAPHIC SCALE i'�100'
0 80 iQ0 S50
. Graham Associates,lnc.
CONSULTfNG EN(iINEEAS Lt PUHNERS
eao €tx fucs oR�v�, su1� aoo
ueuNmnN, �x�ts rem� (et� e�o-ee:�e
78F'C IIHAh t-If4f/iBPLS flRl�fi 10lp7B-pp
7HIS EAS�MENT LIE5 WITHIN A FEOERAL Et�£RGENCY
M14NAGEMENT AGENCY Q�SIGNATED FL000 PLAIN OR
FLOQ� PRQNE AREA AS OESIGNATE❑ 4N THE FL00[3
INSURANCE RATE MAP FOR OEiVTON CQUNTY CDMMUNITY
PANE� 48121C0370 G, EFF'ECTIVE !]ATE APRIL 18, 2051.
PARCEL 39—SE-7 •
BEING A
31,702 SQ.FT./0.73 ACRE
SLOPE EASEMENT �
SFTUATED IN THE
'f'PILLIAM ROARK 5URVEY, ABSTRACT ND. 1087,
JAMES EDMONSON SURVEY, ABSTRACT N0. 40D,
DENTON COUNTY, TEXAS
�ATE: DECEMB�R 2011
J/[len t on /P39-SE-7
PAGE 3 OF 5
�
r+�li11i311 A - �a �ra�nance
MARVIiJ HEPf�ER50N ESTATE 7RU3T
OOC. N0. 96-R0055606
o.R.o.c.r.
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N24'08' 45 "E�
62.9i`
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1 1�iAv1S«'6,.f�S'';.or�`:"t�'��� � ,� � \�,
� \� `\
i.rM�lis�i�i'�1N�%11!:�4,� ` �en�d � `'��� � i, . �, �
�����'�'� �1= 45'19'50�` -
R=702.�50' /
7=293,36' /
L=555.79'I
Cb=1�35'3&J i3"E
Lc=54i.4.�i'
RICHARD A. GAAY, a!R / � ���
OOC. N{}, 200B-f2B436 � ��
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�. � � RICHARD A. GRAY. JR `
dOC. NQ, 2QOB-128438
�� � � Q. R.�. C. T. ,
� 4�J�� / �� A�752.5��2i" .
�Q � T=320.24'
� 44 % Cb�S35��8'29"W
� / Lc=589.33'
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e= zo,•�s� ii f �
Fi-847 5Q' / -
T j-�3153 r
-C-303.Q3'
� ' Cb-N69'17'!5`�
� � Lc-301.42'
BRSIS pF BEARING I5 NOAiH AMERTCAN DATUM
OF 1983 (NA�-83) STA7E P�ANE CODROINA7E
SYSTEM, TEXAS NOAiH CENTRAL.
NOTE:
4.73 AC LIE5 WITHIN F�40DPLAIN
THIS EASEM�NT LiES WITHIN A F�Q�RAL EMERGENCY
MANAGEMENI' AGENCY �ESIGNATEO FLpQp PLAIN OR
FLQOp P�IpNE AAEA AS DESFGNATE� QN THE FLOQn
INSURAiVCE RATE MAP FOR Q�NiON COUNTY COMMUNiTY
PANEL 48121C0370 G,EFFECTIVE DATE AARIL 19,20Si.
� PARCEL 39--5E-7
BEING A
n 31,7U2 SQ.FT./0.73 ACRE
SLOPE EASEMENT
GFiAPHIC SCALE �•.�so• SITUATED IN THE
0 50 1flo ,5o WILL�AM ROARK SURVEY, AB5TRACT N0. i D$7,
Graham Assoclates,lnc. JAMES EDMONSON SURVEY, AHSTRACT N0. 4�D,
. CONSIILTIhii iNGIHEERS L� PL�NNERS DENTON COUNTY, TEXAS
eao s�x Fuos owv�. sui� eao
uaxaraN, rous 1em� (an) e�a.eesa pqTE: DECEMBER 2011
78!'� RRAI� F-Sf�1/IBPLS RAMi f0163t--Op
J/Oenton/P39-SE-7
Page 4 of 5
EXHIBIT A- ta Ordinance (Property Interests)
PARCEL 39-5E-7
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 0.73 acre tract of land situated in the William Roark Survey, Abstract No. 108'7,
and the James Edmonson Survey, Abstract No. 400, Dentan �County, Texas and being a
portian of that certain parcel con�eyed to Richard A. Gray, Jr., as recorded in Instrument
No. 2Q08-128436, Deed Records, Denton County, Texas, and being more particularly
descri�ed as follows;
C4MMENCING at a£ound 5/8 inch iron rod with cap, said point being tne in the sauth
Iine of said Richard A. Gray Jr. tract and the northwest corner of Lot 7, B�ock A,
Meadows at Hickory Creek, Phase One as conveyeci to Linda J, and dohn M. Alexander,
In�trument No. 2010-63691, Deed Records, Denton County, Texas, and being in the
exisiing east right-of-way line af Bonnie Brae Street (�aving a variable width R.O.W,);
THENCE North 88°04'29" East, laa�izzg said exzsting east right-af-way line and aIong
said south line, a distance of 48.50 feet ta a point, said point being in the proposed east
right-af-way line of Bonnie�Brae Street (having a variable width R.O.W.);
THENCE North O1 °19'09" West, leaving said soufh line and following along said
propose� east right-of-way line of Banmie Brae �treet, a distance of 135,45 fee# to a
point, being the beginning of a nan-�angent curve to the right ha�ing a radius of 752.54
feet, a centxa� angle of fi9°20'16", and a long chord which bears North 44°51'43" East,
856.09 feet;
THENCE along said proposed east right-of-way lin� and said non-tangent curve to the
right, an arc distance of 910.b6 feet to a point;
THENCE North 79°31'S1" East, continuing along east right-of-way line, a distance of
228.46 feet to a point for corner being the beg-inning of a tangent cnrve to the Ieft having
a radius of 84?.50 feet, a eentral angle of 20°39'1 i", and $ long chord which bears Narth
69°17'15" East, 301.42 feet;
THENCE along said proposed east zight-of-way line and said tangent curve to the left, an
arc distance of 303.03 feet to a point;
THENCE North 30°57'20" West, ieaving said proposed east right-of-way line, a distance
of 95.00 feet to a poin# for corner, being ihe POINT OF BEGINNING, said point being in
the proposed west right-of-way line of said Bonnie Brae Street;
THENCE North 20°12'07" West, leaving said propased west right-of way line, a-distance
of 50.95 feet to a point for corner, for the beginning of a non-tangent curve to the left
having a rac�i�zs a� 702.50 fee# and a central angle of 45°19'S0" and a 2ong chord w�ich
bears North 35°36'13" East, 541.41 feei;
EXHIBIT A- to Ordinance {Properfy Interests)
Page 5 of 5
THENCE along said non-tangent cnrve io the left an arc distance of 555.79 feet to a paint
for corner;
THENCE North 24°08'45" East, a disiance of 62.9� feet to a point for corner, said goint
.beirag in x}ae „nor�h 1ine..af said.�ray, Jr. :tract .and:.being in the south line of a tract o#' land
conveyed to Marvin Henderson Estate Tz-ust, as recorded in Instrument Na. 96-
R0055840, Deeds Records, Denton County, Texas, being a common line;
THENCE South 73°54'10" East, alang said common line, a disiance of 37.83 feet to a
point for comer, said point being tn the praposed west righi-of-way Iine of said Bonnie
Brae Street;
THENCE Sauth 12°56'1$" West, Iea.ving said common line, and along said proposed
west right-of way line, a distance of 59.G2 feet to a point for comer, for the b�girnning af
a tangent curve to the right having a radius af 752.50 feet, a central angle of 46°06'2� ",
and a long chora which bears So�th 35°59'29" West, 589.33 feet;
THENCE contiz�uing along said proposed wesi right-of-way line, and along said tangent
curve to the right, an arc distance of 6D5.54 feet to the PQINT OF BEGINNING and
CONTATI�iNG'31;"702 square feet,'0:73 acres o�lanc�, more or less.
� �- . .
PAGE i aF 5
i
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/
350Q HIESLING DR
tor 2�, EI.DCK 2 .,,�
aereR zr� s
flING 11FNG ;��+ s
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,_, a: ��..
a.i: inY_
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� �.Y
� 4fi01 NERLOT OR
Lo7 26, BLOCK 2
sr�+eN otivia &
-iAkpiEH iiAINET
A505 NERLOT QR
LOT 25, BLOCK 2
BAUCE 6 KRYSTAL
STEWAAT
�R 45Q9 MEpL07 flR
R� LQ7 2A, BLOCK 2
�€E 6 LATASHA
CO.R7ER
r.
4513 NERLOT OR
�L07 23, ��LQCK�.,2
CF&iISTOP}i�p SIM5
I517 HERLOT RR
�or zz, e�acK x
UOUGLAS 7EAGUE
�s2j H��or oa
LOT 2f, BLpCK 2
JAMES BALLAFO
�601 HEALOT OR
LOi 20. BtOCK 2
, JEREMY $ LAllRA
x��s
�6p5 XERLOi OR
LOT 19, BLOCK 2
�ALE OUANiA9
ponv�r aF
EXHIBIT A- to Ordinance {Propertv Interestsl
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NOTE:
APPROX. Q,26 AC LTES WITFiIN FLOO�PLAIN
eASIS dF B�ARING IS HORTH AMERICAiV DA7UM
OF f9B3 iNAD-83} STATE P�ANE C06R�INAT�
SYSTEM, TEXAS NORTH CENTRA�.
/ /
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� J PRSYAT6 flRIVE ' ^ � �
_____ ,----------
~� ti � RICHARq A. GRAY, JR
� ` � � OOC. N0. 2008-l2B436
� D.q.p.C.T.
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EAM ST
OCH A LOT B. LOT 9. LQ7 10,
L ALE%ANOEli g40CK A 9L�CK A 9LaCK A
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A PORTION DF THIS EASEMENT LIES WITHIN A FEOERAL
EMlERGENCY MANAGEM�NT AGENCY QESIGNATEQ FLOOU PLAIN
OR FLOOq PR�N� AREA A3 OESIGNATEO ON THE FL�OD
INSURANC� AAT� MAP FDR OENTON COUN7Y G�MMUNITY
PAN�L.48121C0370 G.EFFECTIV� DATF APRIL f8,2011.
PARCEL 39-5E-8
BEING A
n 25,433 SQ.FT./0.58 ACRE
SLOPE EASEMENT
GRAPBiC SCALE �--�oa• SITUATED �N THE �
o �4 ioo ,5Q WILLIAM RDARK SURVEY, ABSTRACT N0, i087,
Graham Associaies fnc. JAMES EDMONSON SURVEY, ABSTRACT N0. 400,
� CONSULTING EHCINEERS �k pL�NNERS DENTON COUNTY, TEXAS
eoo a�x ruas aave, sut� eoo
un�Nara�. �us �ew� (e�7] s�o-ee� pAiE: DECEMBEA 2011
. � 1BPE FSR4i .F-S101/1BPL9 F1RAft 101836-pp
.1/Oenton/P39-SE-B
PAGE 2 OF 5
EXHIBIT A- to Ordinance {Praperty Interests)
RICHARD..,A, ..$RAY. :alR
OOC. N0. 2tl08-128436
D.R.D.C.T.
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� DOC. N0. 2008-128436 r-„
/� O.R.O.C.T. ������I��� ` �'� �p
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�� APPROX. 0.26 AC LIES WITHIN FLOOOPLAIN
BASIS QF BEAAING I5 NORTH AMERICAN �ATUM
flF �983 (NAQ-�3) STAT£ PLANE CQOR�INAI'E
SYSTEM, TEXAS NORTH CENTAAL.
n
GAAPHiC 5CALE r-�oa�
a so aoo 150
� Graham Assaciates,lna.
CONSULTIhG EkGINEERS dc PLANIVERS
eoo s�x Fuos we�v�, sui� eaa
NtuHOTON. rou9 �eot� �e�n e�o-eus
7BPE FlIW� /-NG1/1Er15 ltl1� 1R1836-CO
A PORTTON OF THIS EASEMENT 1.Z�S WI7HLN A FEDERAL
EMEAGENCY M14NAGEMENT A�,ENCY QESIGNATEO FL00� PLAIN
OR FI.�Op PRONE AREA AS dESIGNAiEO ON TNE FLOOQ
INSGRANCE AATE MAP FOR ❑ENTON COUNTY COMMt1NITY
PAiVEL 48i2fC0370 G, EFFECTIVE DATE APFI�. 18, 2011.
PARCEL 39-5E-8
BEING A
25�433 SQ.FT./U.58 ACRE
SLOPE EASEMENT
SITUATED IN THE
WILLIAM ROARK SURVEY, ABSTRACT N0. 1.D87,
JAMES EDMONSON SURVEY, ABSTRACT N0. 400,
DENTON COLTNTY, TEXAS
DATE: bE.C�MBER ..20 i 1
J/Oentort/A39-SE-8
PAGE 3 DF' S
EXHIBiT A- to Ord'enance {Propertv Interestsl
IIARYIN ilEN0EC150N ESTAiE TRl15T /
4QC. N0. 96-R6655906
�.R.O.L.i.
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qICHARO A. GRAY, JA I �
ooc� Np. 2008-128435 A= 47%19'24"�
o.A.d.c.T. R=8¢7.50' � 9
T=�71.35'� .0
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7.50'
. Graham Associates,fnc,
CONSULTIH(3 ENGINEERS d� PLANHERS
eoa sx rucs orov�. �i� eao
�arar. rous 7ernt e�� e�o-asss
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109.76'
�= 2S'16'A9"
R=870.00'
T=2�7.27'
L=444.60'
Ct]=S45 '22' 10 "W
Lc=439.78'
RICHApO A, GRAY, JR
OOC. N0. �008-128435
O.p.D.C.T.
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BASIS flF BEAAING IS NOA7H AMERICAN OATUM
OF ]983 (NAD-83) STATE PLANE CflOR[7iNATE
SYSTEM, TEXAS NflRTH CENTRAL.
NOTE:
APPROX, p.26 AC LIES WITHIN FLpDQP�AIN
A POFITIDiJ QF THIS EASEMEiJT LI�S WI7i1IN A FEDERAL
EMERGENCY MANAGEMENT AGENCY DESIGNAiEd FLOOD PLAIN
DR FLOOD PAONE AREA AS ❑ESIGNATEO ON THE FLOC1p
INSllRANCE RATE MAP FDR pENTON COtJNTY COMMUNI7Y
PANEL 4812lC0370 G,EFFECTIVE OATE APAIL 18,2011.
PARCEL 39-5E-8
e BEING A
25,433 SQ.FT./0.58 ACRE
SLOPE EASEMENT
5ITUATED IN THE
WILLIAM ROARK SURVEY, ABSTRACT N0. 1087,
JAMES EDMONSON SURVEY, ABSTRACT N0. 40U,
DENTON COUNTY, TEXAS
tlATE:". D�CE�IBEA r�2611
J/aenton/P39-SE-B
Page 4 of 5
EXHIBIT A- to Ordinance (Property Interests)
PARCEL 39-5E-8
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 0.58 acre tract of �and situated in the William Roark Survey, Abstract No._ I087,
and the James Edmonson Survey, Abstract No. 400, Denton County, Texas and being a
portion of thaf certain parcel conveyed to Richard A. Gray, Jr., as recorded in Instrument
No. 2008-12$436, Deed Records, Denton County, Texas, and bezng more particularly
described as follows:
COMMENCING at a found 5/8 inch iran rod with cap, said point being in the south line
of said Richard A, Gray Jr, tract and the northwest corner of Lat 7, Biock A, Meadows at
Hickory Creek, Phase One as conveyed to Linda J. and John M. Alexander, �nstrument
No. 201Q-63691, Deed Recards, Denton County, Texas, and being in the exzsting east
zight-of-way line of Bonnie Brae Street {having a variable vvidth R.O.W.);
THENCE . Nart�t 88°04'29" East, leaving said existing east r�ght-of-way line and along
said soufh line, a ciistance oi 48.50 feei to a point, said point being in the proposed east
right-of-way"line of Bonnie Brae Street (}iaving a variable width R.O.W.);
THENCE North 01 ° 19'09" West, leaving said sauth line and following along said
proposed east right-of-way line of Bonnie Brae Street, a distance of 135.46 feet to a
point, being the beginning of a non-tangent curve to the right having a radius of 752.50
feet, a central angle of 69°20'16", and a long chord which bears North 44°S1'43" East,
856.49 feet;
THENCE continuing along said proposed east right-of-way Iine and along said non-
tangent curve #o the right, an arc distance of 910.55 feet to a point for corn�r,
THENCE North 79°31'S1" Eas#, continuing along said proposed �ast right-of-way Iine; a
distance of 228.�6 feet to a point for carner, being the beginning af a tangent curve to the
Zeft havin� a radius of 847.50 feet, a central angle of 19°16'08", and a long chord which
bears North b9°53'46" East, 283.68 feet;
THENCE continuing along sa�id proposed east right-of-way line �.nd along said tangent
curvc to the I�ft, an arc distance of 285.02 feet to a poin� for carner, being the POINT OF
BEGiNNING, also bezng the beginning of a compound curve ta ths 1eft having a radius
of 847.50 feet, a central angle of �47°19'24", and a long chord vs+hich beaxs North
36°36'00" East, 680.26 feet;
THENGE coniinning along said proposed east right-of-way line, and along said
compound curve to the left; an arc distance of 699.99 fe�t ta a point for corner;
EXHIBIT A- to Ordiaance (Property Interests)
�'age 5 of 5
THENCE Nortn 12°56'18" East, continuing along said praposed east right-of-way line, a
�istance of 54.38 feef ta a point for corner, said point being in the north Iine a� said Crray
Jr. tract and being in the south line of a tract of larid conveyed to Marviri Henderson
Esta�e Trust, as recorded in �nstrument Na. 9b-RQ055$OQ, Deeds Records, Denton
C.ounty, Tezcas,:bei�ga.camman.line;
THENCE South 73°54'10" East, leaving said proposed east right-of-way line, and along
said common line, a distance of 67.60 feet to a point for corner;
THENCE �outh 13°50'37" West, leaving said common line, a distance o� IOd.QO feet to a
paint for.corner;
THENCE South 33°00'17" West, a distance of 58.b6 feet to a point for corner;
THENCE South 4I °32'�9" West, a distance of 59. i 0 feet to a point for corner;
THENCE Sauth 32°21'S6" West, a distance of 109.76 feet to a�oint %r corner, for the
beginning of a non-tangent cur�+e to the right having a radius af 870.00 feet and a central
angle af 29°l.6'49" and a long chord which bears South 45°22'10" West, 439.78 feet;
THENCE along said non-tangent curve to the right an arc distance of 44�4.60 feet to a
point for corner;
THENCE North ZQ°12'07" West, a distance of6.I4 feet to a point for corner;
THENCE Souih 69°47'S3" West, a distance of 7,50 feet to a point for corner
THENCE North 2Q°12'Q7" West, a distance of 15.4i feet to the POINT OF BEGINNING
and CONTAINING 25,433 sqUare feet, 0,58 acres of land, more or less.
PA&E 1 OF 2
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3500 HIEStING DR
L8Pe7£F! XHUC6 2 ���
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4505 IEEHLOT �R
LOF 25, BLOCK 2
BAUCE & NRYSTAC
SiEW�RT
d504 N�RLQ7 OR
LOT 24, BLOCK 2
LEE C LATASSIA
CAR7FA
4513 HERLO7 OR
LUT 23. BLOCK 2
CNRIS70PHER SIkS
4517 HERLOT OR
L9T 22, BLOCK 2
El0i1GLA5 7EAGUE
4521 FIERLOT Gfl
lOT 2f. BLOCK E
JANES BALURp
160f NERLOT OR
lDF 20. BLOCK 2
JER�µY S LAURA
WELLS
A605 HERLDF DR
L07 19, BiOLX 2
�A�E 91lANTAS
POIIV"1' OF
EXHIBIT A- to Ordinance (Property Interests)
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�OC. N0. 200B-129436 � �
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e= 5•2z�aa�. •�`•.
R=752,50' � ` �
7=35.35' � � �
L=70. b5' � a � \
Cb=N 12 '52 ' S7 "E �
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LOT 9. LOT B, LOT !0, �
BLOCK A 6�OCK R BLOCK A
BASIS OF BEARING iS NDATN AMERICAN �ATfl�i
OF 1983 (NAO-83) STATE PLAHE COORDINATE pARCEL 3 9- TCE "" 1
SYSTEM, iEXAS NOATH CEN7RA�..
n
GAApHIC SCALE !'-f00'
0 5p 10Q f50
� Graham Assoalates,inc.
CONSULTING ENGINEERS � PLANNERS
eoo s�x rt�►cs o�ave. su�� soo
�u�amH. tpt� �aan reti� a�assn
� RRM: '�-no1/[Ba�s Fw� amssp-oo . ,
BEING A
2,562 SQ.FT./U.D6 ACRE
TEMPORARY CONSTRUCTION EASEMENT
SITUATED IN THE
WILLIAM RQARK SURVEY,
ABSTRACT N0. 1U87,
DENTON COUNTY, TEXAS
DATE: DE�EMBEA "2011
J/�enton/P39-TCE-f
EXHYBIT A- ta �rdinance (Property Interests}
PncE z afi 2
PARCEL 39-TCE-�
LEGAL DESCRIPTION
TEMPQRARY CONSTRUCTION EASEMENT
Being a Q.06 acra tract o�'iarid situatei3 in the Wil�iam Roark Sutvey, Abstract No. 1087, Denton
County, Texas and b�ing a portion of that certain parcel conveyed ta Richard A. Gray, Jr., as
recorded in Instrument No. 2008-128436, Deed Records, Denton County, Texas, and being mare
particularly described as follows:
COMMENCING at a found 518 inch iron rod with cap, said point being the in the south line of
said Rickard A. Gray .Jr., tr�ct.,and being ,,tk�e northwest �corner. of. Lot ,7, Block .A,. Meadows at
Hickory Creek, Phase One as conveyed by deed to Linda J. and John M. Alexander, as recorded
in Instrumen.t No. 2010.63G9i, Deed Records, Denton County, Texas, also being in the existing
east right-of-way line of Bonnie Brae Street (a variable width R.O.W.);
THENCE North 88°Q4'29" East, leaving said existing east right-of way line and following along �
said south line of Gray tract, and the north line of said AZexander tract, far a ciistance of 48.50 feet
to a point, being in the proposed east �ight-of-way iine of said Bonnie Brae Street (a variable
width R.O.W.);
THENCE North O1°19'Q9" West, leaving said south line and following along said progose8 east
right-of way line of Bonnie Brae Street, a distance of 135.46 feet to a goint, befng the beginning
of a non-tangent curve to the right having a radius of 752.SD feet, a central angle of 5°22'44" and
a long chord vc�hich bears North 12°S2'S7" East, 70.62 feet;
THENCE northeasterly, along said proposed east right-of way line and said non tangent curve to
the right, an arc ciistance of 74.65 feet to a poini for comer, being the POINT OF BEGINNING,
and being the beginning of a campound cvrve to the r�ght kaving a radius of 752.50 feet, a central
angIe of 4°12'26" and a long chard which bears North l7°40'32" East, 55.24 feet;
THENCE northeasterly, along said proposed east right-of-way line and said non-tangent curve to
the right, an arc dzstance of 55.26 feef tn a point for corner;
THENCE Santh 85°46'4&" East, leaving said proposed east right-of-way line, for a distance of
42.51 feet to a point for comer;
THENCE South 03°13'14" West, for a distance of 53.49 feet to a point for corner;
TI�ENCE North 86°�5'46" West, for a distance of 56.30 feet to the POINT OF BEGINNING and
CONTAINING 2,662 square feet or 4.Od acres of land, more or iess.
03 tS-�r2
EXHIBIT "B"
. TO
ORDINANCE
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW}, HAVE THE RIGHT
TQ: (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 �FFER 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 Richard A. Gray, Jr. (the "Owner"}
and the City of Denton, Texas ("City")
WITNESSETH:
WHEREAS, Richard A. Gray, Jr. is the Owner af a tract of land (the "Land") in the
William Roark Survey, Abstract No. 10$7, 7ames L. Harris Survey, Abstract No. 555 and the
James Edmonson Sut�vey, Abstrac� Number 400, beang affected by the public improvement
project ca�led the Bonnie Brae Widening and Tmprovements Project ("Project"); and
WHEREAS, City is in need of certain (i} fee simpie lar�ds, 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
Praject; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditians
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for good and vaIuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1. A. At CZosing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so called}, conveying to the City, �ubject to the reservations described
below, the tract of land being depicted and described in Exhibit "A", to that certain Special
Warrarity Deed {the "Fee Lands"), attached hereto as Attachment 1 and made a part hereaf; (ii) a
Drainage Easement (herein so called), in, along, upon, under, aver and across the tract of land
being depicted and described in Exhibit "A", to that certain Drainage Easement (the "Drainage
Easement Lands"), attachea hereto as Attachment 2 and made a part hereof, for clrainage
p�rposes, as more particularly described therein; (iii) a SZope Easement (l�erein so called), in,
along, upon, under, over and across the tract af land being depicted and described in Exhibit "A",
to that certain Slope Easement (t}ie "Slope Easement Lands"), attached hereto as Attachment 3
and made a part hereof, for siope purposes, as more particularly described therein; and (iv) a
Temporary Constructivn, Grading and Access Easement (he:rein so called}, in, aIong, upon,
under, over and across the tract af land being depicted and described in Exhibit "A", �o that
certain Temporary Construction, Grading and Access Easement (tne "Temporary Easement
Lands"), attached hereta as Attachment 4 and made a part hereflf, for temporary constructian,
grading and access purposes, as more particularIy deseribed therein (the Drainage Easement
Lands, the 5�ope Easement Lands, and the Temporary Easement Lands, are collectively referrec3
to herein as tne "Easement Lands"}.
The (i) Special Wa.rranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herezn as "Attachment I"; (ii) the Drainage Easement shall be in the form and upon
F
the terms as attached hereto and incorporated herein as "Attachment 2"; {iii) the Slope Easement
shal� be in the form and upon the terms as attached hereto and incorporatea herein as
"Attachment 3"; and (iv) the Temparary Construction, Grading and Access Easement shall be in
the form and upon the terzns as attached hereto and incorporated herein as "Attachment 4" (the
Drainage Easement, the Slope Easement, ana the Temporary Constructian, Grading and Access
Easement, ar� collectively referred to herein as the "Easements") (the Fee Lands and the
Easements are collecfively 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 aIl 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
ttre right to use or access the surface of the Fee Lands, in any way, manner or form, in connection
with or reIated to the reserved oil, gas, and other minerals andlor related to exploration andJor
production of the oil, gas and other minerals reserved herein, including without limitation, use or
access of the surface of the Fee Lanc�s far the lacatian 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
suppart for any surface facilities or well bores, ar any other i�frastructure or improvement of any
kind or type in connection with or related to the reserved ail, gas and other minerals, and/or related
to the explaration or production of same.
As used herein, the term "mineraIs" shall include oil, gas and all associated hydrocarhons, and shall
exclude {i) all substances that any reasonabie extrac#ion, mining or other expIoration and/or
production method, operation, process or procedt�re wautd consume, deplete or destroy the surface
3
of the Fee Lands; and (ii) all substances which are at or near the surface of tt�e Fee Lanc�s. The intent
of the parties hereto is that the meaning of ihe term "minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 {Tex. 1984).
As used herein, the term "surface af the Fee Lands" shall inciude the ar�a from the surface of the
earth to a depth of five hundred feet {500') below the surface af 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 th�
City, the City shall pay to Owner at Closing the sum of Three Hundred Twenty Two 'Thousand
Nine Hundred and Nineteen and Na1100 DolIars ($322,419A0}. The monetary compensation
prescribed in this Section 2 is herein referred to as the "Tatal Monetary Campensation".
3. In addition to the Total Monetary Compensation, and being a companent part of the Project,
the City shall reconstruct, at its sole cost at�d expense, those azeas of concrete driveway flatwark
within the Temparary Easement Lands, as depicted in Attachment 4, attached hereto and made a
part �ereaf for all purposes. The concrete driveway flatwork shaIl be reconstructed in a
workman�ike manner, using materials comparable to that oF the existing cancrete driveway
flatwork. Any private service lines or irrigatian Iines situated within the Temporary Easernent
Lands and affected by the Project, shall either be repaired or rearranged, at the sole cost and
expense of the City, as %eld conditions warrant. The work prescribed in this Section 3 is herein
referred to as the "Driveway Work".
4
0
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 "Enc�unbrances"}. The Owner shall assist
and support satisfaction of all ciosing requirements of the City in relatinn to solicitativn of
releases or subordinations af the Encumbrances and other curative effarts affecting the Fee
Lands and Easements, if necessary in the discretion of the City. In the event that all
Encumbrances are not cured to the satisfaction af City prior to Ciosing, such shall not be a
defaul� hereunder, although Owner may otherwise be in defa�lt under Section 11, below.
However, if the Encumbrances are not cured as provided herein, City has the option of {i)
wai�ing the defects reZated to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shaIl become Permitted
Exceptions (herein so called), and proceed to close th� transaction contemplated by this
Agreement; ar{ii) terminating this Agreement by notice in writing to �wner, in which latter
event Owner and City shaIl have no further obligations under this Agreement.
S. Owner stipulates that the Total Monetary Compensation payment and the Driveway Work
canstitute and include aIl compensation due Owner by City related to the Project, including
without limitation, any damage to or diminution in the value of Lhe :remainder of Owner's
praperty caused by, incident to, or related to the Project, damage to andJar costs af repair,
replacement andJor relocation of any improvements, turf, landscape, vegetation, ar any other
structure or facility of any kind �ocated within the Easement Lands related to activities conducted
pursuant ta the Easements, interference with Owner's activities on the Easement Lands caused
by or related to activities within the scope af the rights granted by the Easements, whether
accruing now or hereafter, and Owner hereby releases for himself, �is heirs, devisees, successors
5
and assigns, City, it's officers, employees, elected officials, agents and contractars from and
against any and all claims he may have naw or in t�te future, related to the herein described
matters, events andlor damages.
6. The Clasing (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 Raad, Suite 101, Grand Prairie,
Texas 75052 ("Title Company"), with said Title Company acting as escraw agent, o:n the date
whicl� 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"). In the event the Closing Date, as described
above, occurs on a Saturday, Sunday or Dentan County holiday, the Closing Date shall be the
next resulting business day.
7. The stipulated Total Monetary Compensation amount shail be paid by the City at Closing to
the Owner through the Tit�e Company. Ad valorem taxes relating to the Fee Lands for the
calendar year in which Closing shall occur shall be prorated between Own�r and City as af the
Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is
not lcnawn as af the Closing Date, the proration shall be based on the amaunt 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 geriod of time priar to the Closing Date (including, but not limited to,
subsequent assessments for prior years due to change af land usage or ownership occurring prior
to Closing) and City shall pay for those taxes attributable to the period commencing as of the
L
Closing Date. All other typical, customary and standard closing costs associated with this
transaction shall be paid specifically by the City, e�cept for Own.er'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 sha11 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 avaitable to it by law, contract, equity
or otherwise, incIuding without limitation, the remedy of specific perfarmance.
B. In the event City shali default in the performance of any covenant or term provided herein,
and such defau�t 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 FQR ALL PURPOSES. THIS AGREEMENT IS PERF4RMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
7
11. From and after the Effective Date of this Agreement, through and including the Closing Date,
�wner 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 Lar�ds, or upon the Owner with respect to the Fee Lat�ds or Easement
Lands, less and except the Temporary Easement Lands, after the date of CZosing; 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
Construction, Grading and Access Easement.
12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall
be delivered by telephpnic facsimile, hand delivery ar by United States Mail, as described herein,
and shall be deemed delivered and received upon the earlier to occur of (a) the date pravided if
hand delivered or delivered by telephonic facsimile; and (b) on the date af depasit of, in a
regularly maintained receptacle for the United States Mail, registered or certified, return receipt
requested, pastage prepaid, addressed as follows:
OWNER:
CITY:
Richard A. Gray, Jr. City of Denton
Paul Williamson
Real Estate and Capital Suppart
Telecapy: 901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-$951
0
Copies ta:
For Owner:
Telecopy:
For City:
Richard Casner, Deputy City Attorney
Czty Attorney's 4ffice
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
13. This Agreernent canstitutes the sale and only agreement af the parties and supersedes any
prior unders�andings or written or aral 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 City that (A) Owner is not married; or (B) conversely, if
Owner is married, (i) the Property comprises no part of the homestead af �wner and wife; and
(ii} the Property is the separate property of Owner or, if community property, that �wner has the
legal authority to perfor�n aIl actions and obligations prescribed by this Agreement without
joinder af spouse.
15. The representations, warranties, agreements and covenants contained herein shall survive the
Ciosing az�d shall not merge with the Special Warranty Deed and/or Easements.
16. In the event prior to the Closing Date, conaemnation or eminent damain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion af the Praperty, City may, at its election, terminate this Agreement at any time prior
to Closing.
9
17. Authority to talce any actions that are to be, or may be, taken by City under this Agreement,
including without limitation, adjusting the Closing Date of this Agreement and/or termination
date of the Temparary Construction, Grading and Access Easement, a�e hereby deiegated by
City, pursuant to action by the City Council of Denton, Texas, to Frarik 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
BY: �
Date: D� �' �' �� , 2412
10
Owner:
Richard A. Gray, Jr.
I:
Date: , 2012
11
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution belaw, Title Company acknowledges receipt of ane (1) executed copy of
this Agreement. Title Company agrees �o camply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Cade of 1986, as amended from time
to time, and as further set forth in any regu�ations ar forms promulgated thereunder.
TITLE COMPANY:
UniversaI Title Agency, LLC
d/b/a/ UniversaI Land Title of Texas
Attn: Elizabeth Bobo
2650 Bazdin Road, Suite 101
Grand Prairie, Texas 75052
Telephane: {972) 20b-7570
Telecopy: (9�2} 206-2870
:
Printed Name:
Title:
Contract receipt date: , 20�2
12
:
�� s;Uegallour documentslcontracts1121gray special warranty deed.doc
ATTACHMENT 1
TO
PURCHASE AGREEMENT
NOTICE �F CONFIDENTIALITY RiGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATI�N 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 �F DENTON
.
KNOW ALL MEN BY THESE PRESENTS:
That RICHARD A. GR.AY, 3R. (herein called "Grantor"), for and in
consideration of the sum of TEN AND N0/100 DOLLARS ($10.00), and other good and
vaivable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a
Texas Home Rule Municipal Corporation (herein called "Grantee"), 2l5 E. McKinney,
Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and
canfessed, has GR.ANTED, 50LD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas being particularly depicted and described an Exhibit "A", attac�ed hereto and
made a part hereof for all puiposes, and being located in Denton County, Texas, together
with any and all rights or interests of Grantar in and to adjacent streets, alleys and rights
of way and together with all and singular the impravements 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 ali oil, gas and ather 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,
e
�
manner or form, in connection with or related ta the reserved ail, gas, and other minerals
andJor related to exploration and/or production of the oil, gas and ather minerals reserved
herein, including without limitation, use or access of the surface of the Property far the
location of any well or drill sites, well bores, whether vertical ar any deviation from
vertica�, water wells, pit areas, seismic activities, tanks or tank batteries, pigelines, roads,
electricity or other utility infrastructure, and/or for subjacent or lateral suppart far any
surface facilities or well bores, or any other infrastructure or imprnvement 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 extaraction, mining or ather
exploration and/or production method, operation, process or pracedure would cons�tne,
deplete or destroy the surface of the Property; and (ii) all substances which are at or near
the surface of the Property. The intent af the parties hereto is that the meaning af the
term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v.
Wylie, 597 S.W.2d 7�3 (Tex. 1980}.
As used herein, the term "sur�`ace of the Property" shall include the area fram the surface
of the earth to a depth of fve hundred feet (500'} below the surface of the earth and all
areas above the surface of the earth.
Exceptions ta Conveyance and Warranty:
[Insert Permitted Exceptions]
TO HAVE AND TO HOLD the Property, together with all and singu�ar 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 alI and singular t�e Property nnto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to cIaim the same or any part thereaf, by, through or under Grantor, but not
otherwise.
Page 2 of 3
:
, -
EXECUTED the day of , 2012.
RICHARD A. GRAY, JR.
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on , 2012
by Richard A. Gray, Jx.
Notary Public, State af Texas
My commission expires:
Page 3 of 3
PAGE ! �F 5
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APAAOX. 3.46 AC LIES WITHIlJ FLOODPLATN.
BA5IS OF BEARiNG IS NORTH AMERICAN dATl7M
QF 1983 {NA�-83) S7ATE PLANE CDORDINATE
5YSTEH, TEXA5 NORTH CENTRAL.
�n� oF
6NAPHIC 5CALE 1'��Q6• EXISTING
0 50 i00 150 ��1
Graham Associa�es Inc. JAMES
� COlF5l1LTINa EHGINEERS 3 PLI�N!lERS �AMES
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L9T B, �.or s. �or �o,
BLOCK A BLOCK A BLOCK A
D.R.0.0.T. I � V �
A PORTION pF THIS bESCRIPTiON LIES 4lITHIN A FEDERAL
EMERGENCY MANAGEMENT AGENCY DESIGNATED FLOOiI PLAIN
OR FL00� PRqNE AREA AS DESIGNATEff flN 7HE FL�OD
INSURANCE RA7E MAP FOR DENTON COLINTY CO�kMUNI7Y
PANEL 48121C0370 G,EFFECTIVE DATE APRIL lB,2011.
PARCEL 39—ROW-1
BEiNG A
243,431 SQ.FT./5,59 ACRE
�PHICH 24�231 SQ. FT. I.�ES �fiITHIN
RIGHT--OF—WAY OF BONNIE BRAE STREET
SITUATED IN THE
ROARK SURYEY, ABSTRACT N0. 1087,
L. HARRIS SURVEY� ABSTRACT N0. 555
EDMONSON SURVEY� ABSTRACT N0.404
DENTON COUNTY� TEXAS DATE: SEPTEMBEA 2042
J/Oentan/P39-Row-S
PAGE 2 OF 5
EXHIBIT A- ta Special Warranty Deed
RICHARD A. GRAY, JR
OOC. ND, 2D46-128435
D.R.O.C.7.
A� A3'32'48" s
R-847.50'
T�938.52'
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ri z• z.R
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A=847.50'
T=556.62'
L=985.Q1'
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l �
Q� B�I'ZO � iB" 10Q YA _�
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/� ODC. N0. 2UOB--S�6436
D.R.p.G.T.
�
N07E: SET i/2" I.R. W/ GAI CAfl 10 / APPAOX. 3.45 AC LLES Wi7NIN FLO�pPLAII�.
BE SET AT END OF CONSTRUCTTON. � p pORTI�N OF THIS �ESCRIPTIQN LIES WITHIN A FEbERAL
� EMERGENCY MANAG�MENT AGENCY OESIGNATED FLDO� PLATN
�ASIS OF BEARING IS NORTH AM�RICAN �ATlJM QR FL00� PRONE AR�A A5 OESIGNATEQ ON TNE FLODD
OF 1983 (NA�-83) STATE PLANE COORDINATE INSURANCE RATE MAP FOA QENTDN CDUNTY COMMUNITY
5Y5T�H. TEXAS NORTH CENTRAL. PAlJEL 48�21C0370 G.�FFECTIVE �ATE APRIL 18,2011.
n�
SRAPHIC SCAIE i'-l08'
0 50 f00 150
� Graham Assaciates,lnc.
COhSULTIN{3 EHGINE�RS � PLANHfRS
em s�z ruas aiav�. su� aao
As.R+a�aN, TofA4 7aw1 [m71 e�o-ae3a
70PE F1tt�h F-TIY7/isPls fifdll 10163b-00
OF
EXISTING
�PILISAM
JAMES
JA.�fES
PARCEL 39—RO�Y—i
BEING A
243,431 SQ.FT./5.59 ACRE
WHICH 24,231 SQ. FT. LIES �THIN
RIGHT--OF—WAY OF BONNIE BRAE STREET
SITUATED IN THE
ROARK SURVEY, � AHSTRACT NU. 1087,
L. HARRIS SURVEY, AHSTRACT N4. 555
EDMONSUN SURVEY� ABSTRACT N0.400
DENTON COUNTY� TEXA DATE: SEPTEMBER 2012
u/ uC�ll.ull/ rJ.�—n�slrl
PAC�f 3 OF 5
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i�
EXHiBIT A- to Special Warranty Deed
FFAfryiN HENEIERSON ESTATE TPUST
pOC. N0. 96-R0055B00
o.p.o.c.T:
�- -- - ��
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. ��`����� ��' �
Sl1RYEY LIME
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e= ss •s5 � 3�°
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` W/GAI CAP
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N12'56` 18"E
59.62'
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BASI5 QF BEARING I5 N6RTH AMERICAN DATUM
OF l993 {NA6-83) 57ATE PLANE COORDINATE
5YS7EH, TEXAS NQRFN CENTRAf..
n
GRJ�PFiIC SCAL� i'�]00'
0 5D IOp S50
� Gra�am Associates Inc.
C4t�5l1LTING ENCINEERS � PLI�NN�RS
aoa ax rua� o�nv� suie aoa
�waTa+. rous zaatt � e+a-sssa
� Fwc F nw/ren.s �aeae-oo
OF
EXIST�NG
WII�I�AM
JAMES
JAMES
SETi/2' I.R.
W/GAI CAP
n- ss •s� � �3 N
�=ea�.�o�
T�556.62'
L=985.01'
Ch=S46 •14' d4' W
�c=930.5a'
S73'54' 10"�
95.1q'
s�T�iz• i.a.
N/6AI GAP
�-512'56' 16"W
5q.38'
ser�/z- i.�.
W/GAI CAP
\
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RiGNApt1 A. GRAY, .JR \
OnC. ND. 2008-128436 `
D.R.o.C.T.
`
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\
NOTE: 5ET f/2' I.R. W/ GAI CAP TO
8E SE7 AT EN❑ DF CONS7RUCTIDN,
NO7�:
APPqOX. 3.46 AC LIES WITHIN FLOOpF'LAIN.
A P�ATIDN 6F THIS DESCRIPTION LIES WITHIN A FE�EflA�.
EMERGENCY NANAGEMENT AG£NCY DESIGNATE� F100D PLAIN
pR FLOOD PRONE AREA A5 DESIGNATED ON THE FLaO�
INSURANCE RATE MAP FOR flENTOH COU�kTY COMMUNITY
PA�1EL 4812fC0370 G,FFFECTIVE OATE A?RIL 18,2011.
PARCEL 39—R0�-1
BEING A
243�431 SQ.FT./5.59 ACRE
�9HICH 24,231 SQ. FT. LIES �PITHIN
RIGHT—OF—WAY OF BONNIE BRAE STREET
. SITUATED IN THE
ROARK SURVEY, AHSTRACT NU. 1087,
L. HARRIS SURVEY, ABSTRACT N0. 555 -
EDMONSON SURVEY, ABSTRACT N0.40D
DENTON COUNTY,TEXAS
DAFE: SEPTEMfBER 2012
J/Oenton/P39-Rnw-S
Page 4 of 5
EXHIBIT A- to Special Warranty Deed
PARCEL 39-ROW-1
LEGAL DESCRIPTION
Being a 5.59 acre tract of Zand situated in the William Roark Survey, Abstract No. 1087, James L.
Harris Survey, Abstract No. 555 azxd the 7am.es Edmonson Survey, Abstract No. 40Q, Denton
County, Texas and being a pa�rtion of thaf certain parcel conveyed to Richard A. Gray, 3r., as
recorded in �ilstrument No. �OQ$-I28436, Deed Recorcis, Dentan County, Texas, and being more
particularly described as fallows:
BEG�NiVING at a found 5/8 inch iron rod, said point being t�ze in the south line of sazd Richard
A. Gray Jr. U'act and the northwest comer of Lot 7, Block A, Meadows aY Hzckory Creek, Phase
One as conveyed to Linda �. and John M. Alexander, Instrument No. 20I0-63691, Deed Records,
De�tton County, Texas, and being in the e�cisting east right-of-way iine of Bonnie Brae Street
(having a �ariable width RO.W.);
THENCE Sonth 88°Q4'29" Wesi, leavitag said existing east right of-way line aud aiong said south
line, a distance af 34.07 feet ta a paint for corner, said point being in the approxunate centerline
of existing said Bon�iie Brae Street; �
THENCE Noxth 00°37'00" West, leaving said south line and along said existu�g centerline, a
distanca of 663.2d feet to a point for corner, said point being the proposed north right-of-way liu'►e
of Bonnic Brae Street {]aaving a variable width R.O.W.);
THENCE North 88°43'15" East, leaving said cen.terline and along said proposed north right-of-
way line, a distance af 35,06 feet to a set 112 inch iron rod with GAI cap for corner;
TFiENCE South b1°16'45" East, along said proposed nort� right-of-way line, a distance of 4Q.00
feet to a set 1/2 inch iron rod with GAI eap for corner, far the beginning of a iangent curve ta the
le$ having a radius of 170.00 £eet, a centrai angle of 49°55'S2", and a long chord wiuch bears
South 26°14'41" East, 143.50 feet;
THENCE continuing along said proposed north right-af-way line and along said tangent curve to
the Ieft, an arc distance of 148.1 S�eet to a set 1/2 inch iron rod with GAI cap for corner;
THENCE North 79°37'25" East, continuing along said pro�osed narth right-oiway line, a
distance of 42.6$ feet to a set 1/2 izich iron rod with GAI cap fnr corner, for the beginning of a
non-tangent curve to the right having a radius of 847.54 feet and a central angle of 43°32'48" atxd
a long chord which bears North 57°4S'27" East, 628.74 feet;
THENCE continuing along said proposed north right of-way line and along said non-tangent
curve to the right an arc distance of 6�44.13 feet to a set 112 inch iron rod with GAI cap for corner,
TT�ENCE North 79°31'S1" East, cnnEinuing along said proposed north rzght-of-way Iicxe, a
distance of 228.46 feet to a set 1/2 inch iron rod with GA� cap for corner, far the beginning of a
tangent curve to the left having a radius of 752.50 feet, a central angle of 66°35'33", aaad a long
chord wluch bears North 46°14'04" East, 826.20 feet;
EXHIBIT A- to SpeCial Warranty Deed
Page 5 of 5
THENCE continuing along said proposed north right-of-way Iine and along said tangent curve to
t$e left, an arc distat�ce of 874.60 feet to a set 112 inch iron rod with GAI cap for corner;
THENCE North 12°56'18" East, continuing a�ong said propased north right-of-way line, a
distance of 59.52 feet to a set 112 inch iran rod with GAI cap far corner, said point baing �n the
narth line of said Richard A. Gray 7r. tract and beizig in tl�e south line of a tract con�eyed to
Marvin Henderson Estate Trust, as recorded in Itzstrument No. 96-ROU5580U, Deed Records,
Denton County, Texas, being a connmon iuie;
TI�NCE Sauth 73°54'10" East, leaving said proposed north right-o£way line, and along said
comix�on line, a distance o�' 95.14 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 said Bannie Brae 5ireet;
T�iENCE South 12°56'�8" West, lea�ing said comman line and a�ong said proposed sout�t right-
of-way line, a distance of 54.38 feet to a set 1/2 inch iron.rod with GAI cap for corner, foz tha
beginning of a tangent curve #o the right having a radius of 847.50 feet, a central angle of .
6d°35'33", and a lang chord which bears South 46°14'04" West, 930.50 feet;
THENCE continuing along said proposed south right-of-way line and along said tangent curve ta
the :right, an arc dis�ance af 985.01 feet to a set l/2 inch iron rod wi.th GAI cap for coxxxer;
TI�NCE South 79°31'51" Wast, continuing along said proposed south right-of-way Iine, a
distance of 228.46 feet to a set 1/2 inch iron rod with GAI cap for carner, for the beginrsing of a
tangent curve to the �eft having a radius of 752.50 feet, a centrai angle of 69°20'16", and a long
chord whicf� bears South 44°S 1`43" West, 856A9 feet;
T'HENCE continuing along said propased snukli right-of-way line and along said cur�ve to tfie left,
an arc distance of 910.66 feet to a set 1/2 inch zron rod with GAI cap for corner;
THENCE South O1°19'U9" East, continuing along said proposed south right-of-way line, a
distance of 135.46 feet to a set 1/2 inch iron rod with GA� cap for corner, said point being in the
south line of said Richard A. Gray Jr. tract, and tf�e north Line of said Linda J. an.d John M.
Alexander tract, being a common line;
THENCE Sonth 88°04'29" Wesi, lea�ing said proposed south right-of way line and alang said
cotnmon line, a distance of 48.50 feet to t1�e POINT �F BEGINNING and CONTAIIIING
243,43 ] square £eet, S.S9 acxes of land, naore or Iess, of which 24,231 square feet nf tand is being
used as roadway use and drainage at this time.
� 5:1legallour documenulcontractsV 2lgray drainage easement.doc
ATTACHMENT 2
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YDU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOW�NG
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 Richard A. Gray, Jr. ("Grantor"}, in consideration of the sum of Ten and No1100 Dollars
($IOAO) and other good and valuable considera#ion in hand paid by the City of Denton, Texas,
receipt and sufficiency of which is hereby acknowlec�ged, has GRANTED, BARGAINED,
SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and C�NVEY
unto the City of Denton, Texas ("Grantee"} a perpetual drainage easement in, along, upon, under,
o�er and acrass the folIowing described property (the "Praperty"}, owned by Grantor, and
situated in Denton County, Texas, located in the William Roark Sur�ey, Abstract No. 1087 and
the 7ames Edmonson Survey, Abstract No. 400, to wit:
PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, instailing, repairing, relocating, operating, and pe�petually
maintaining drainage, 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 aii times in, along, upon, under, over and across the Property to
Grantee herein, its agents, employees, contractors, workmen and representatives, for the
purpases set forth herein, including without limitation, the making additions to, imgrovements on
and repairs ta said drainage facilities, drainage features or grade, ar any part thereof.
This Easement is subject to the fallowir�g covenants and agreements:
1. Structures. No b�ildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, undex, 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 Pro�erty and may remave from the Property, such buildings, fences, structures, signs,
facilities, improvements and other abstructions as may now or hereafter be found upon said
Property and dispose of any such huildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate wi�hout liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, 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 Praperty or
that may encroach upon. th� 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 encraach or averhang
upon the Property without liability ta Grantee, including wit�out 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 make use of the Property for any pnrpose that does not interfere
with the City's rights granted to it herein for the puiposes granted.
6. Successors and Assigns. This grant and the provisians contained herein shall
constitute covenants running with the land and shall be binding upon ihe Grantor and Grantee,
and their heirs, devisees, successors and assigns.
TO HAVE AND TO HOLD unta the said City of Den�on, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness my hand, this the � day of 2012.
2
r
J
Grantox:
gy: Date: 2012.
Richard A. Gray, Jr.
ACKNOWLEDGMENT
THE STATE OF TEXAS §
C�UNTY �F DENTON §
This instrument was acknowledged before me on
by Richard A. Gray, Jr.
Notary Public, in and for the State of Texas
My Cammission Expires:
2012,
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012- �.
By:
Paul Williamson
Real Estate Manager
AFTER REC�RDING RETURN T4:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
3
PAGE 1 OF 7
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FIEI.LS
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OALE QUANTpS
PQINT OF
EXHIBIT A- Draina�e Easement Tract 1
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POII�TT OF �
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A' FLOUOPLAIN � � —
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pICHAR� A. GRAY, JR � 1/�
� \ `DOC. N0. 2008-128438 � /
p,R.U.C.T. � i
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$ASIS QF 6EARING I5 NORTH At�ERICAN QATIiM
OF 1483 (NAD-83) STATE PLANE COORI]INATE
SYSTEM, TEXAS NORTH CENTRAL.
n
�RAPHIC SCALE !'�f00'
0 50 140 150
� Gra�am Assoctates Inc.
CONSUL1iNC ENCINEERS � PL�NNERS
aoo s�x n� orov�, surce eoo
�omN, mue �emt �m'� s�o-e�e
tevc nn�� F—ua�/iewa ror� �wa�e-ao
WILLIAM
JAMES
A� 29 47 10
� q�752,50' 1 �
T-2Qfl,i3' �
L=391,20' � � �
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NOT�:
i.61 AC LIES WITHIN FLOO�RLAI�f.
620 HORNBEAN 8T
tOT 7 BLOCR A �DT H. L6T 9. LOT 40,
7gN0 �201G- 3881�� $��N A BLOCN A BLOCK A
n c n c r.
THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY
MANAGEMEN7 AGENCY �ESIGNAT�O FLOOq PLAIN OR
FL000 PRON� AR�A AS ��SIGNATEO ON THE FLO�[l
INSURANCE AAT� MAP FOR ❑ENTON COUN7Y COMMUNITY
PANE� 48121C0370'G,EFFECTIVE �AT� AP�IL 18,201i.
PARCEL 39--DE-1
BEING A
70,D91 SQ.FT./1.B1 ACRE
DRAYNAGE EASEMENT
SITUATED IN THE
ROARK SURVEY, AHSTRACT N0. 1087,
EDM�NSON SURVEY, ASSTRACT N0.400
DENTON COUNTY, TEXAS
�ATE: DECEMBER 2011
PAGE 2 OF 7
FYUiRiT A_ nraina�e Fasemerit Tt'aCt 1
�� 37`15'08"
R-910.00'
T�346.71'
L°591.G8�
Cb�N60'54' 16"E
Lc-5ai.29'
i.:
4� \� \
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� y
:�. �
;, �,��' - 22'14' 32"
•�� R�839.91'
T�i65.li'
L-326.Q5'
s�'�, Lc�324.a6'i3�
s��
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J
RICHARD A� GRpY, JR
DOC. NU. 2008-128436
fl.R.D.C.7.
N79 '3 ! ' 51 "E
9.86'
����ti
�y � 3�, ��
�•� -
_ a4'�
=A� 5'42' 36"
R�1853,58'
T�92.45'
L�iB4.7A'
Cb°S70 'S0' 45"W
, Lc-i84.8B��
r � �
Fi-847450 ' �
T�12.89'
L�25.77'
Cb�SiB'�i'30'W
Lc-25.77'
Nar�:
l.51 AC L3ES WITNIN FLOODPLAIN.
BA5I5 OF BEARING IS NORTH AMERICAN QA7UM
4F 1963 (NA�-83j 57ATE PLANE COORqINATE
SYSTEM, TEXAS NORTH CENTAAL,
n
G13APHIC SCALE !'�f00'
0 50 1�0 i50
Graham Assoaiates,lnc.
CONSUIiEN(i E}IQiNEfRS � PLANNERS
eno arx r�ws oRrv�, surc iwo
u�x�ora�, �rxr,s �smi es e�o-aeaa
S9PE FlRW F-�aai/�ek.a � tweae-oo
WILLIAM
JAMES
e= �a•is�z�°
RY880.4Q'
T=B5.A5'
L=170.00'
� Cb=N70 "Di' 13"E �
Lc-169.5fi' /�` E
r.` \ W
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i�yy •fl�' 27 r� f�•�� : r�,,�`�� "
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m - �� pg'� gASE 5*�t'EET
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tv - �
Nm � A= i3'25'53"
a R=7Q2.50'
�f �= i'A7' 17" T=82. 72'
R�1853.58' L�164.68' �
T�28.93' Cb=5B7 �3'30 Y�
L�57.85' �C=�fi4.�0'
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Lc�57.84'
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FLOODPLAII� /
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/ � pICNAFO A. GRAY, JR
DUC. ND. 2008°128436
/ D.R.U.C,T.
MANAGEMENTEAGENCY50ESIGNATED�F'�OOi]LPLAINGE�RCY
FLObO PAONE AHfA AS DESIGNATEO ON THE FLOOd
INSURANCE RA7E MAP FOR OENTON CQUNTY CAMMUNITY
pANEL 49S21C0370 G,EFF�CTIVE OAT� APAI� i8,2014.
EMBER 2Q1i
., ie�n_ne_t
v�.,���..., r ..
F.XHIBIT A- Drainage Easement Tract 1
PAGE 9 OF 7 �
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Cp�5fi0'Ofl' 37" /
Lc=25.37'
/
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BASIS OF BEARING IS NORTH AMERICAN ClA7t1M
OF 1983 (NAD°B3) 5TATE PLANE COORDINATE
5Y5TEM, TE%AS NORTH C�NTRAL, �
n
GAAPHIC SCALE S'•300'
0 50 !00 150
� Graham Associates (nc.
CONSUtTINO ENflINEER3 d� PL�NfiERS
600 �IX MO! ON1�l. lllltE 60Q
ARIJNQ70N� 7!%Af 7e0f1 61 110-l630
re� r�u� F—tt�l/�aru � totaae-ao
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/j
3'54'iQ"E
BQ.B.q� I
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�524'!0'43"W j
fi2.9i'
A= 46'i9'50"
�-�o�.�a�
T�293.3E'
�*�555 . 7$'
Cb=S35'35'!3"W
Lc=54i.41'
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RICHARD A. GRAY. JR
DOC. N0. 2008-129438
O,R.O,C.T.
NOTE;
i.61 AC LIE5 WITHIN F1.00fiPLAIN.
THIS �ASEMENT LI�S WITHI�[ A FE�ERAL EM�RGENCY
MANAGEMENT AGENCY DESIGNAtEO FLOOD ?LAIN dR
FLOOD PRONE AREA A5 �ESIGNA�ED 01� THE FLOOi3
INSLfRAMCE RATE MAP FOR ❑ENTON COUNTY COMMUNITY
PANEL 48f21C0370 G,EFFECTIVE DATE AP�IIL �8,2011.
PARCEL 39--DE—i
BEING A
70,091 SQ.FT./1.61 ACRE
DRAINAGE EASEMENT
� SITUATED XN THE
WILLIAM ROARK SURVEY, ABSTRACT N0. 10B7�
dAME5 EDMONSON SURVEY, ABSTRACT N0.400
DENTON C�UNTY� TEXAS
�ATE: DECEMEBER 2014
J/�Bfl tOfl/P39-TOE-1
Page 4 of 7
EXHIBIT A- Drainage Easement Tract 1
PARCEL 39-DE-1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
Bein� a 1.61 acre tract of land situated in the William Roark Survey, Abstract No. 1087,
and the James Edmonson Survey, Abstract No. 400, Denton County, Texas and being a
portion of that certain parcel conveyed ta Richard A. Gray, Jr., as recorded i� Instrumen.t
No, 2008-128436, Deed Records, Denton County, Texas, and being more particularly
described as follows:
COMMENCiNG at a found 5/8 inch iron rod with cap, said point being the in the south
line of said Richaxc� A. Gray dr. tract and the northwest corner af Lot 7, Block A,
Meadows at Hickory Creek, Phase One as conveyed to Linda J. and 3ohn M. Alexander,
Inst�rumer�t No. 2010-63b91, Deed Recards, Denton County, Texas, and being in the
existing east right-of-way line of Bonnie Brae Street (having a variable width R.�.W.);
THENCE North 88°04'29" East, leaving said existing east righi-of-way l�irxe and atong
said south line, a distance nf 48.50 feet to a point, said point being in the proposed east
right-of-way line of Bozu�ie Brae Street (having a variable width R,O.W.);
THENCE Narth O1°19'09" West, leaving said south line and following along said
proposed east right-of-way line of Bonnie Brae Street, a distance af 135.46 feet to a
point, being the beginning of a non-iangent curve to the right having a radius of 752.50
feet, a centzal angle of 29°47'14", and a long chord wkiich bears Nartki 25°OS'1a" East,
386.81 feet;
THENCE along said proposed east right-of-way line and said non-tangent curve to the
right, an arc distance of 391.20 feet to a p�int for corner;
THENCE North SO°01'15" West, leaving saici proposed east right-of-way line, a distance
of 95.OU feet to a poin� for corner being ihe POINT OF BEGINNING, said point being in
ihe proposed northwesterly right-of-way Iine of said Bonnie Brae �treet;
THENCE North OS°35'07" East, leaving said proposed northwesterly xight-of-way line, a
distance of 42.31 feet to a pvint for corner;
THENCE Norkh �L7°36'31" West, a dis#ance of 37.90 feet to a point for corner, for the
beginning of a non-tangent curve to the right having a radius of 910.00 feet and a central
angle of 37°15'08" and a Iong chord which bears North d0°S4'16" East, 581.29 feet;
THENCE aiong said non-tangent curve ta the right an axc distance of 591.66 feet to a
point for corner;
THENCE Narth 79°31'S1" East, a distance of 9.86 feet to a point for corner;
EXHIBIT A- Drainage Easement Tract 1
Page 5 of 7
THENCE North 77°04'27" East, a distance of 2�45.51 feet to a point for corner, for the
beginning of a tangent curve to the Ieft having a radius of 680.00 feet az�d a central angle
oi 14°I9'26" and a Iong chord which bears Narth 70°07'13" East,169,56 feet;
THENCE along said tangent curve to the left an arc distance of 170.00 feet to a poin# for
corner;
THENCE North 53°0�'S6" East, a distance of 126.77 feet ta a point far corner;
THENCE North 4l °37'44" East, a distance of 16�.11 %et to a point for corner;
THENCE North I8°37'39" East, a distance of 124.40 feet to a poin.t £or comer, for the
beginning oi a non�tangent curvc to the left having a radius af b30.00 feet and a central
angle of 14°12'36" and a iong chord which bears North 20°02'36" Eas#, 155.85 feet;
THENCE along said non-tangent curve to the tefk an arc distance of 15b.25 feet to a point
for corner;
THENCE North 12°56'18" East, a dis#auce of 66,39 fest ia a point for carner, sazd point
being in the norih line of said Richard A. Gray, Jr, tract and being in the south line of a
tract convey�d to Marvin Henderson Estate Trust as recorded in Tnstrument No. 96-
R0055800, Deed Records, Denton County, Texas, being a common line;
THENCE South 73°54'i0" East, alon.g said common line, a distance of 8�4.89 feet to a
point for corner;
THENCE Sauth 24°IO'43" West, leaving said cornmon line, a tiistance of 62.91 feet to a
point for corner, for the beginning of a non-tangent curve to the right having a radius o�
702.50 feet and a central angle of 45°I9'SQ" and a long chord which bears South
35°36'13" West, 541.41 feet;
THENCE along said non-tangent curve to the right an arc distance of 555.79 feet to a
poini for comer; �
THENCE South 20°l2'07" East, a distance of 50.96 feet ta a point far corner, for the
beginning of a non-tangent curve to the right having a radius af 752.54 feet and a central
angle of ]°SS'S4" and a long chord which bears South b�°00'37" West, 25.37 feet, said
pair�t being in the proposed narthwesterly right-of way line of said Bonnie Brae Street;
THENCE aiong said proposed northwesterly right-of-way iine, and along said non-
tangent curve �o the right an arc distance of 25.37 feet to a point for conner;
THENCE North 24°12'07" West, leavir�g said propased northwesterly right-of-way Iine,
a distance of SO.b4 feet to a point for corner, for the beginning of a non-tangent curve to
the right having a xadius of 702.50 feet and a central angle of 13°25'S3", and a long chord
which bears South 67°03'30° West, 164.30 feet;
EXHIBIT A- Drainage Easement Tract 1
Page 6 of 7
THENCE along said non-tangent curve to the right an arc disiance of iG4.68 feei to a
paint far corne:r;
THENCE South 76°�8'd8" West, a ciistance of 1b3.83 �'eet to a point for corner;
THENCE So�tth 10°28'09" East, a dis#ance of 44.32 feet to a point for corner, said point
being in the proposed northwesterly right-of-way line of said Bonnie Brae Street;
THENCE South 79°31'S1" West, along said proposed northwesterly right-af way l�ne, a
distance of 25.00 feet to a point for corner;
THENCE North 10°28'09" West, leaving said Qraposed northwesterly right-of-way line,
a distance of 42.91 �eet to a point for corner; .
THENCE South 76°18'08" West, a distance af 51.60 feet ta a point for corner, for the
bagir�ning of a tangent curve to the left having a radius of 1853.58 feet, a central angle of
1°47'17", and a long chord which bears South 75°24'29" West, 57.84 feet;
THENCE along said tangent curve to the left, an arc distance of 57.85 feet to a point for
carnez�;
THENCE Snuth 42°12'35" West, a distance of 36.77 feet to a point for cnmer, for the
beginning of a non-iangent curve to the left having a radius oF $47.50 feet and a central
angle of 1°44'32" and a long chord which bears South 7'8°11'30" West, 25.77 feet, said
point bei�g in the proposeci northwesterly right-oif-way line of said Bonnie Brae S�ree#;
THENCE along said proposed marthwesterly right-oi way iine, and along saa�d non-
tangent curve to the left an arc distance flf 25,77 feet to a point for corner;
THENCE North d2°12'35" East, leaving said propased northwesterly right-of-way line, a
distance of 34.$4 feet to a point for corner, for the begi�aning of a non-tangent curve tn
the left having a rad'aus of 1853.58 feet and a central angle of 5°42'38", and a long chord
which bears South 70°50'45" West, i 84.fi6 feet;
THENCE along said non.-tangent cur�e ta th� left an arc distance af 184.74 feet to a point
for corner, for the beginning of a tangent curve to the 1eft having a radiUS of 839.91 feet,
a central angle of 22°14'32", and a Iong chord which bears Sou#h 53°06'13" West, 324.01
feet;
THENCE along said tangent curve to the left, an arc distance of 32b.05 feet to a point %r
corner;
EXHIBIT A- Drainage Easement Tract 1
�age 7 af 7
THENCE South OS°35'07" Wes�, a distance of 30.13 feet to a point for comez�, for the
beginning of a non-tangent curve to the Ieft having a radius of 847.50 feet and a centrat
angle of 2°53'13" and a long chord which bears South 41°25'21" West, 42.'i0 feet, said
point being in the proposed northwesterly right-of-way line of said Bonnie Brae Street;
THENCE along said proposed northwesterly right-af-way iine, and alang said non-
#angent curve to the left an arc distance of 42.70 feet to the POINT OF BEGINNING and
CONTAINING 70,09i square %et,1.61 acxes of land, more or less.
p3_i S-: -c,o� �.
PAGE 1 OF 4
i
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$500 RSESLING �R
�nPETE�i HUC& �
OIH6 4lANO ���
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4501 NEALflT OA
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LOT 25, B40CK 2
BRUCE B kRrsTA4
STEMART
�� 4509 I�R40i OR
fZ LOF 24, BLOCK 2
� LEE 6 IATASHA
CARTER
� �513 NEAGflT OR
�LOT 23, BI.00K 2
CNRI6TOP}1Efl 8IM$
,617 MEPLOT DR
nouGG�s i�ao�
4S2! MERLOT OR
LJAHES 6FlLAAO
180f MERLOT �R
LO7 20, 6LOCK 8
JEREMY 6 LAIIRA
XELLB
�SO6 MEALOT OR
LOT f9. BLOCK 2
pLLE �UANTAS
Pairrr aF
CO�dENCIN
FND 5/8' I.R
W/ CAP
F.XNiRiT A- DrainaQe Easement Tract 2
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NOTE:
4.05 AC LiES WITNIN FLOOOPLAIiV
BASIS OF BEARING IS NORTM AMERICAN DATIJhi
OF 1983 (NAD-B3) STATE PLAlVE COOR�INATE
SYSTEhi, TEXAS NORTH CENTRAL.
n
6RAPHIC SCALE 1"`!00'
fl 50 100 150
CONSULTING ENGS EERS �{ pU�NHERS
aoo e�x n�oa owuc� eu�e eoo
Mtl.IN070N, '1E%A! 7lUlt et a4tl-SE3a
1gPC FRryt p-1101/iBPLf i 101a.78-00
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T=520. 45' ! f i � � � �
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MANAGEMENTEAGENCY50ESIGNATEDFF�OOOLPLALN�ORCY
FLODO PRON� AfiEA AS iIESTGNAT�n ON THE FLOOU
INSURANC� AAFE MAP FDR OENTON COl1iVTY CDMMUNITY
pANEL 48121C0370 G,EFFEC�IVE DATE APRIL 18,20iS.
PARCEL 39—DE-2
BEING A
2,104 SQ.FT./0.05 ACRE
DRAINAGE EASEMENT
SITUATED IN THE
ROARK SURVEY, AHSTRACT N0. 1087,
DENTON COUNTY, TEXA5
OATE: DECEM8EF1 2011
� ino.,►,,,, ivaa_n�-a
PAGE 2 OF A
EXHIBIT A - ll
pfCHARD A. GAAY. JA
OOC. ND. 2006-5�843B
�.R.O.C.T.
�asement i racz 4
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L.c=858, OB' / �
RICHARd A. GRAY, JR
/ DOC. N0. 2008-12849fi
/ U.R.D.C.7. �������,'��1�� �
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t��rE:
0.05 AC LIE5 1�ITHIN FLOODPLALT� �
BASIS �F B�ARING IS NORTH AMEAICAN OATi1M
bF 1983 (NAO-83M STATE PLANE C04RDINATE
SYSTEM, TEXAS NflRTH CENTRAL.
�
GRANHIC SCALE l'�l00'
0 5o yoo s5o
Graham Associates,lnc.
CONS�LTiNO EtiCINEERS t� PLANNERS
aoa s�x � n�avrt. euire aoo
uunroran� �ous � �e� a�o-se3s
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MANAGEM�NM�AGENCYSp�SIGNATE0FFg0�QtPLAINGORCY
FLOOD PAONE AREA AS DESIGNATE� ON TH� FLOOD
INSURAHG� RATE MAP FOF7 DENTON COUNTY COMMUNITY
PANEL 48121C0370 G,EFFECTIVE OATE APRIt iB,2011.
PARCEL 39—DE-2
� BEING A
2,104 SQ.FT./0.45 ACRE
DRAINAGE EASEMENT
SITUATED IN THE
WILLTAM ROARK SURVEY, ABSTRACT NU. 1087,
DENTON COUNTY� TEXAS
bATE: DECEMBEFi 20 i i
J/Ue11tUn/r�y—ut—e -
Page 3 of 4
EXHIBIT A- Drainage Easement Tract 2
PARCEL 39-DE-2
LEGAL DESCRIFTION
DRAINAGE EASEMENT
Being a 0.05 acre tract of land situated in the William Roark Survey, Abs�ract No. 1087,
Denton Caunty, Texas and being a portion of fhat certain par�el conveyed to Ri�chard A.
G�ray, Jr,, as recorded in Instrument No. 2008-128436, Deed Recards, Dentan County,
Texas, and being more particutarly described as follows:
COMMENC�NG at a found 5/$ inch iron rod with cap, said point being in the sauth line
of said Richard A. Gray Jr. tract and ihe northwest corner of Lot 7, Block A, Meadows at
Hickory Creek, Phase One as canveyed to Linda J, and John M. Alexander, Izistrument
No. 2010-63b91, Deed Records, Dentfln Couniy, Texas, and being in the existing easi
right-of-way line of Bonnie Brae �treet (having a variable width R.O.W.);
THENCE North SS°Q4'29" East, lea�ving said existing east right-of-way 3ine and along
said south 1ine, a distance of 48.50 feet to a point, said point being in the proposed east
right-af-way line of Bonnie Brae Street {having a variabie width R.O.W.);
THENCE North Oi°19'09" West, leaving said south line and following along said
propnsed east right-of-way line of Bonni� Brae Street, a distance of 135.46 feet to a
paint, being the beginning of a non-tangent curve io the right havin.g a radius of 752.50
feet, a central angle of 69°20'16", and a long chord which bears Narth �44°51'43" East,
856.49 feet;
THENCE along said proposed east right of-way line and along said non-tangent curve ta
the right, an arc distance of 91 U.66 feet to a point for corner,
THENCE Narth 79°31'S1" East, along said propossd east right-af-way line, a distance of
110.36 feet to a point £or carner, being the P�INT �F BEGINNING;
THENCE North 79°31'S1" East, continuing alon.g said proposed east right-of-way line, a
distance of 25.00 feet to a point for corner;
THENCE Sauth 10°28'09" East, leaving said proposed east right-of-way line, a disfanca
of 18.OQ feet to a poznt for corner;
THENCE Narth 79°31'S1" East, a distance of 7.50 feet to a gaint for corner;
THENCE South 10°2$'49" East, a distance of 41.35 feet to a point for corner;
THENCE South 79°31'51" West, a distance of 40.04 feet to a point for corner;
THENCE North 10°28'09" West, a distance of �41.35 feet ta a poin# for corner;
EXHIBIT A- Drainage Easement Tract 2
Page 4 of 4
THENCE North 79°3 I'S1" East, a distance of 7.50 feet to a point for corner;
THENCE North 10°28'09" West, a distance of 18.00 feet to the POINT OF BEGINNING
and CONTAINING 2,104 square feet, 0.05 acres of land, more ar 1ess.
�3..�,s. �..,-..
PAGE 1 OF 5
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35ao aiESUrx� o�
LOT 27, 6LDCK 2 ��`�
POIHG Yz1AN66 ����
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�.or aa, e�oac a
9TEVEN pAYI9 6
LAUREN Hl4LFIEY
F.XUTRTT A- Draina�e Easement Tract 3
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4666 MEqLOT OR
LOT 29. BLOCK 2
BRi1DE & KRYSTFL
BTENARi
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� LEE 6 LATASHA
� CAAiER
� 4913 MERLDT OR
1 ��1 23 BGn�k 2
CHRIST�PHER SIM3
451T I�RLDT DR
DUUGL�S iFAC UE
4621 MERLDT OR
LJAMES BALLAAD2
ABO� ISEALOT OR
LOF 20 BLOCIS 2
JEREhI� 6 LMli1A
11ELL$
4645 MEpL9i �R
LOT 19, BL�CK 2
OAL@ DUANTAS
ponv�r a�
CO�iMENCIN
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8ASI5 OF BEAAING IS NOFiTH AMERICA�t �ATUM
0� 1383 (NA�-B3) 57ATE PLAN� COORDINATE �
5Y5TEM, 'CEXA5 NORTH CENTRAL,
n
6HAPilIC SCALE !'�f�0'
Q 5U SQO 150
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CONSilL11NC ENGINEERS � PLJ1lINEitS
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�T GoT 8. LOT 3, L6� f0.
.EXANOER BLOCK A BLOCK A BLOCI( A
3$91
THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY
MANAGEMEN7 AGENCY DESIGNATEO FLODD FLAIN OR
FL000 PpONE AREA AS �ESIGNATEO 6N TFiE FL00�
IN5URANCE AATE MAP FOF� flEN70N CQUN7Y COMMUNITY
PAlVE� 48121C0370 G,EFFECTIVE DATE APAIL 18,201i.
PARCEL 39--DE-3
BEING A
1,580 SQ.FT./0.04 ACRE
DRAINAGE EA5EMENT
SITUATED IN THE
ROARK SURVEY, ABSTRACT N0. lOB7,
DENTON COUNTY, TEXAS
DATE: �EC�MSER 20i1
� ine,.a..., iova_nF.-a
PAGE 2 QF 5
L'�IIiRTT A_ IlrainaoP F.ACP.[ffefl� TI'iiCt 3
RICHARU A� GRAY, JR
OOC. N0. 2008-128436
�.R.U.C.T�
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R�847.50'
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L�910.66'
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,j Lc�856.09' ' �
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OOC, N4. 2008-42B43B
I Q.R.O.C.T. . ���j;;�':. .
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Nor�:
0.04 AC LIES WITHIN F��OOPLAIN �
BASIS OF' 6EARING T5 NORTH AMEAICAN DATUhi
OF 1989 (NAD-83) 5TAT� PLANE CODR{]IfdA7E
5Y5TEM, TEXAS NORTH CENTHAt.
n
�RAPHIC SCRLE 1'�104'
0 50 100 150
Graham Assoclates,lnc.
COHSULTllt4 ENOINEERS � PLANNERS
eoo s�H rua9 op�uE, su�� aoa
anxro�ar. hx�s �em� �ei� ero-ea�a
ZHP6 FlRMi F-11Y7/iBPl.s R i t0i030-00
MANAGEMENTEAGENCYSpESIGNATED F�OODLPLAIN�OR�Y
FLOOQ PRONE AREA AS OESIGNATED ON THE FL00�
INSURANCE RA7� MAP FOR pENTON COUNTY COMMUNITY
PANEL 4B121C0370 G,EFFECTIVE �A7� APRIL i$.2011.
PARCEL 39�DE-3
BEING A
1,5B0 SQ.FT./D.04 ACRE
DRAINAGE EASEMENT
SITUATED iN THE
WILLIAM ROARK SURVEY, ABSTRACT N0. �087,
DENTON COUNTY, TEXAS
�A7�: OEC�MBER �011
J/LI2�liOfS/YJ`J�'L]C-�
PAGE 3 OF 5
�XUTRIT A_ nraina¢e Easement Tract 3
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POINT OF
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40.40'
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31.10'
NOT�;
0,04 AC LIES WITliIN F�OO�PLAIN
BASIS OF BEARING I5 MORTH AMERICAN OATUM
DF i983 (NA�-83) STATE PLANE COOADINATE
SYSTEM, TEXAS NORTIi CElJTRAI..
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a 5o ioo i�o
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AIENARD A, GRAY, JR
�OC, N0. 20D6-428438
o.�.n.c.r.
THIS EASEMENT LTES WITHI�E A FEDERAL EMERGENCY
MANAGEMENT AGENCY OESIGNATEO FLOOp PLAIN OR
FLOOD F'RONE AREA A5 OE5xGNATED ON TF3E FLi]Ob
IMSIJRANCE RATE MAP FOR DENTON CQUNTY COMMUNIFY
PANEL 4B121C0376 G,EFFECTIVE QATE APRIL 18,2011.
PARCEL 39--DE-3
BEING A
1,584 SQ.FT./0.04 ACRE
DRAINAGE EASEMENT
SITUATED IN THE
WILLIAM ROARK SURVEY� ABSTRACT N0. 1087,
DENTON COUNTY, TEXAS
DATE: �ECEMBER 2014
J/OBfltO�/h'�s�—ut—.s
Page �F of 5
EXHIBIT A- Drainage Easement Tract 3
PARCEL 39-DE-3
LEGAL DESCRIPTION
DRAINAGE EASEMENT
Being a 0.04 acre �ract of land sifuated in the William Roark Survey, Abstract Na. 10$7,
Denton Cnunty, Texas and being a portion of that certain parcel conveyed to Richard A.
Gray, Jr., as recorded in Instrument No. 2008-128436, Deec3 Records, Denton County,
Texas, and being more particularly described as fal�ows:
COMMENCING at a€ound 5/8 inch iron rod with cap, said point being in the sauth line
of said Richard A. Gray Jr. #ract and the northwest corner of Lo# 7, Block A, Meadows at
Hickary Creek, Phase One as conveyed to Linda 7. and John M. Alexander, Instrument
No, 2010�63691, Deed Records, Dentan County, Texas, and being in the existing east
right-of-way line of Bonnie Brae Street {having a variable width R.O.W.);
THENCE North 88°04'29" East, leavin� said existing east right-of-way line and along
said sauth iine, a distance of 48.50 feet to a point, said point being in the proposed east
right-of-way Iine of Bonnie Brae �treet (having a variable width R.O.W.);
THENCE North Q1°19'49" West, leaving said south Iine and following along said
proposed east right-of-way line of Bonnie Brae Street, a distance of 135.46 feet to a
point, being the beginning of a non-tangent curve to the right ha�ing a radius of 752.50
feet, a central az�gte of 69°20'16", and a long ch�rd which bears North 44°51'43" East,
856.09 feet;
THENCE alang said praposed east righ#-of-way line and alon� said non-tangent curve to
the right, an arc distance of 910.66 feet to a point for corner,
THENCE North 79°31'S1" East, continuing along said progosed east right-of-way line, a
distance of 228.46 feet to a point for carner, being the beginning of a tangent curve to the
left having a radius of 847.50 feet, a central angle of i7°33'33", and a long chord which
bears North 70°�45'�4" East, 258.71 feet;
THENCE confinuing along said proposed east right-o%way line and along said fangent
curve to the ieft, an arc distance af 259.73 feet to a point for comer, being the POINT OF
BEGINNING, asld being the beginning o� a compound curve to the left having a radius of
847.50 feet, a central angle of O1°42'35", and a long chard which bears Narth 61°07b0"
East, 25.29 feet;
THENCE coniinuing along said proposad east right-of-way line and along s�id
compound curve to the left, an arc distance af 25.29 feet to a point for corner,
THENCE South 20° 12'07" East, leaving said proposed east right-of-way line, a distance
af 15.41 feet to a point for comer;
THENCE North 69°47'S3" East, a disfax�ce of 7.50 feet to a point for corner;
EXHIBIT A- Drainage Easement Tract 3
Page 5 of S
THENCE South 20° I2'07" East, a distance of 31,10 feet to a point £or cornez�;
THENCE South 69°47'S3" West, a distance of 40.00 feet ta a poin� far corncr;
THENCE North 24° 12'07" West, a distance of 31,10 feet to a point for corner;
THENCE North d9°47'S3" East, a distance af 7.50 feet to a point far corner;
THENCE North 20°12'07" West, a distance af 11.59 feet to the POINT �F BEGINNING
and CONTAINING 1,580 square feet, 0.04 acres of land, mare or less.
�3-r5� �---_
r
s:llegallour documentslcontracts1121gray slope easement.doc
ATTACHMENT 3
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE �R 5TRIKE ANY OR ALL �F THE FOLLOWING
INFORMATIDN 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 �F DENTON
SLOPE EASEMENT
§
§ KNQW ALL MEN BY THESE PRESENTS:
§
THAT Richard A. Gray, Jr. ("Grantor"), in consideration of the sum of Ten and No1100 Dollars
($10.00} and other good and valuable consideration in hand paid by the City af Denton, Texas,
receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGATNED,
S�LD and C�NVEYED and does by these presents GRANT, BARGATN, SELL and C�NVEY
unto the City of Denton, Texas ("Grantee") a perpetual slope easement in, atong, upon, under,
over and across the following described property (the "Property"}, owned by Grantor, and
situated in Denton County, Texas, located in the William Roark Survey, Abstract No. 1087 a�nd
the James Edmonson Survey, Abstract No. 400, to wit:
PROPERTY DEPiCTED AND DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HERE�F
For the fallowing purpases:
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, workmen and representatives, for the purposes set farth herein, including without
0
limitation, the making additians to, improvements on and repairs to said lateral slope features or
grade, or any part thereof.
This Easement is subject to the foilowing 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
piaced in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acknowiedges 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 b�ildings, fences, structures, signs,
facilities, impro�ements and other obstructions as may naw ar 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, oi any kind, 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 pub�ic property or right-af-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 af shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Praperty 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 ta the cavenants and
restrictions contained herein, to make use af the Property far any purpose that does nat interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisians contained herein shall
constitute co�enants 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
2
Crrantor:
By:
Richard A. Gray, Jr.
THE STATE OF TEXAS
COUNTY OF DENT�N
Date:
ACKNOWLEDGMENT
This instrument was acknowledged before me on
Richard A. Gray, Jr.
Accepted this day of
Texas (Ordinance No. 2012-J,.
By:
Paul Williamson
Reai Estate Manager
AFTER REC�RDING RETURN TO:
City of Denton — Er�gineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
2012.
Notazy Public, in and for the State of Texas
My Commission Expires:
3
2012, by
2012, for the City of Denton,
PAGE S OF 3
i
�
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3600 AIE8LIN0 OR
LOi 27, BLOCK 2 �
PETEq 2HU 8i ���
OING NANR
�� �.
'�.t�
����p•
, w�� .+� °r�
aa .��
��� ��
�eo� N�R�.nr na
LOT 2& BLOCK 2
BTEVEN UAYI� 6
LAUREN RAINEY
4505 MERLOT OA
LOT 25, BLOCK 2
BAUCE 6 KRYSTAL
STEHART
�► �509 MEFROT {]R
o �aT a�, etoc�c z
�� LEE 6 LA7A5HA
CAATER
� t"Jf3 M$Fp..OT DA
�LOT 23. BL.00K 8
CHFI8T9AF�R SIMS
�Bi7 NEf{LOT UH
LOT 2E. 9LOCK 2
�011aLI1S TEAGIIE
Ab21 NERE.OT O�i
LOT 21, BLOCK 2
JANES BAI.LARO
4601 MEFLOT OR
LOT 20, 9LOCN 2
J@REMY B GAl1AA
NELLS
4606 MERLOT OR
LOi 19, 9LUCK 2
OALE OUANFAS
POINT OP'
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EXHIBIT A- Slope Easement Tract 1
� �= 6'35' 54"
1 R=B39.91'
T-48.42'
�, Lw95.72' ;�
', 1 Cb=N35'42' 11�"�
; �LC�96.67' `
�
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.
ti \
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S79'37'25"W
17.53'
L
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�S05'35' 07"W
y 28.91'
. POINT OF '
BEGINIVING '
,'
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,
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i
Q� 3'58' 42"
R@ea�.so�
T�29.56'
L-59.Q9'
J ,� . � Cp�S37 "58'53"W
O • LC�5S.08�
i
• 9�. • � �
ti
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' � \ � �
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� i �O � \ pL00DPLAIN �
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� W/ C.4P �
NOTE:
0.03 AC LIES WIiHIN FLOQQPLAIN
B14SI5 OF BEARING I5 NOFl7H AMEAICAN �ATUM
OF 1983 (NAO-83) STA7E PLANE COORDINATE
SYSTEM, TEXAS NORTH CEN7FiAL.
�!nJ
GRApHIC BCFLE !'�500'
a 5o toa tsa
� Graham Associates Inc.
C4NSULTiHO EMCINEERS It PL�NNERS
eoo aK ruos oiavE, eu�� eoo
MuHma�. �aua �eo�� et sa-�an3n
78PF flMlt F-1191/iBPlA t 10f03E-00
'f�155.18' � �
��307.85' � /
C�]=N21 '54' S9"E � /
_ _ ` �c=ao�.ea� ' � % �
_ -- --- .
J PRIVAT& URIVS �� '�{YCHARd A. GfiAY. JFi
— — � f ' � � `� dOC. N0. 2008-128436
� � o.R.n.c.r,
. �
. �
� �
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. �
� �
� �
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N0139g469� w ��g, ��N�''1i,-'
�0����, ���. ���'
AT LOS & L4T 9, L01' f0,
_EXANOER BLOCK A 6LOCK A BLOCK A
3fi9!
THIS EA5EMENT LiES WIiHIN A FEOEFiAL EM�HGENCY
MANAGEMENT AGENCY OESIGNA7E0 F�000 PLAIN bA
FLORp PRONE AREA A5 pESIGfJAT�D ON THE FL000
INSURANCE RATE MAP FOR �ENTON COlJNTY COMMUNITY
PA�iEi 48121C0378 G,EFFEC7IVE DATE APRIL 18,2011.
PARCEL 39—SE-1
BEING A
1,115 SQ.FT./0.03 ACRE
SL4PE EASEMENT
5ITUATED TN THE
WILLIAM ROARK SURVEY, ABSTRACT N0. 108'7,
DENTON COUNTY, TEXA5
dATE: ❑ECEMBER 2011
J/�erlton/P39-SE-!
Page 2 of 3
EXHIBIT A- S[oge Easement Tract 1
PARCEL 39-5E-1
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 0.03 acre tract of land situated in the William Roark Suzvey, Abstract No. 1�87,
Dentnn Caunty, Texas and being a portion of that certain parcel conveyed to Richard A.
Gray, Jr,, as recorded in Instrument No. 2008-128436, Deed Records, Denton County,
Texas, and being more partzcularly described as follows:
COMMENCING at a found 5/$ in,ch iron rad with cap, said point bein� the in the south
line af saic� Richard A, Gray Jr. tract and the northwest corner of Lot ?, Bloc�C A,
Me�dows at Hickory Creek, Phase One as conveyec3 to Linda J. and John M, Alexander,
Instrument No. 2010-63691, Deed Records, Dentan County, Texas, and being in the
e�cisting east riglzt-of-way line of Bonnie Brae Street (�aving a variable width R,O.W.);
THENCE Narth 88°04'29" Easf, leaving said existing east right-of way line and along
said sauth line, a distance of 48.50 feet to a point, said point being in the proposed east
right-of-way line of Bonnie Brae Street (having a variable width R.O.W.);
THENCE North �1°19'�9" West, leaving said south line �nd following along said
proposed east right-of-way Iitie of Bonnie Brae Street, a distance of I35.�46 feet to a
point, #�eing the beginning oi a non-tangent cutve ta the right ha�ing a radius of 752.SD
fee�, a centraT ar�gie oi 23°2b'S0", and a long chord which bears North 21°54'S9" East,
305.80 feet;
THENCE along saaid proposed east right-of way line and said non-tangent c�rve to the
right, an arc distance of 3Q7,95 feet ta a poin#;
THENCE North 36°10'35" Wcst, leaving said praposed east right-of-way line, a distance
of 100.46 feet to a point for corner being the POINT OF' BEGINNING, said point being
in the proposed northwesterly right-of-way line of said Bonnie Brae Street;
THENCE Sonth 79°3T25" West, along said proposed northwesterly right-of way line, �
distance of 17.53 feet to a point for corner, for the beginning of a non-tangent cutve to
the right having a radius of 839,91 feet and a centra� angl� of 06°35'S4", ar�d a long chord
which bears North 35°42'11" East, 96.d7 feet;
THENCE leaving said proposed norkhwesterly right-oi way line and along said nan-
tamgent curve ta the right an are distance of 96.72 feet to a point for comez;
THENGE South OS°35'07" Wesi, a distance of 2$.91 feet to a point for corner, for the
beginning of a non-tangent cUrve to the left having a radius of 847.50 feet, a cantral angte
of 03°59'42", and a long chord which bears South 37°58'S3" West, 59A8 feet, and alsa
being in the said proposed northwesterly right-of way lin.e o�Bonnie Brae Street;
EXHIBIT A- Slope Easement Tract 1
Page 3 of 3
THENCE along said proposed northwesterly right-of-way line and along said non-
tangani curve ta the left, an arc distance af 59.09 feei to the POINT �F BEGINNING axid
CONTAINING 1,115 square feet, 0.03 acres of lan,d, mare or less.
03—►s.4...i
PAGE i dF
�
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3500 RIE5LIN0 OR
LUi 27, BLOCK 2
PBING XANGS � �
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,., �
f
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4"JOl MERLOT OR
LOT 8b. 6LOCK 2
sTevEn a�vio a
LAUREN RAINEY
A565 11EFLflT OA
LaT 25 �LOCK 2
eauc� � KAraru
STENAqi
�I� 4509 iIEHlOT OH
A� LOT 24, BLOCK 2
�lEE 9 LA7A9HA
g, CAR7Eq
a 45i3 MEHL07 ON
�LOT P3 BLOCK 2
CHfiI9idPHER SIMS
�517 HERLQ7 OR
LOT 28, 6LUCK 2
OOUGLAS TEAGUE
�62f MERLOT DR
LOi 21, B[.00K 2
JMSES BFLLAHD
4801 MERLOT �F
LOT 20, 6�OCK 2
JEREHY i LAURA
XELLS
1605 MEALOT pp
LOT 19, BC.f]CK 2
tiALE UUANTA9
POII3T OF
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EXHIBIT A- Slope Easement Tract 2
`
A= 22'14' 32" �,,�
R=839.91'
Y�ifiS.ii' �'
L@326.05' '
}i ` CbmN53'06'i3"E
� Lc-324.01' i'
, \
' N05 '35' Q7"E `�
' �0.12` � �
.i
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eso� o��
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i '�� �` +�� /� �
� �� ��_1t'J
� ! 1 -
� ,Q�� 1 1 � �� '
� �,� R-752•50•23" � = � -'
i � TR22�.57' � I i �
� � Cd4N26131'4$"E' / �
I Lc-423.33' � �
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�--- -----_ �l PR1YA'!'S DRiVR `� �
,� �� �� ' nOC H Np 20b8 Ai2843b
`�� �I� � � � ` O.R.O.C.T.
I 1� �
�
I �� �
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I �� �
�
I �� �
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{ � ��
I �� �`•
`� NDi'19'09'W \
� 135.46'
I �
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S�
�
/ �'
/
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/
/
� / R�847 �5D' ts"
7�262.79'
Lm5Q9.54'
Cb�S64 '45' 36"W
Lcg542.00'
d4'29
8.50'
�
�
1 FND�� �API.A{ 4 I
NOTE: I
0.31 AC LI�S WITHIN FLOOOPLATN
BA5IS OF BEARING IS NORTH AMERICAN OATUM
OF` f993 (NAD-B3) STAY� PL.ANE CDOROINATE
5Y5TEM, TEXAS NflR7H CEN7RAL.
n
9FIAPFEIC 9CALE 1'-l00'
0 50 100 150
CG.QNSU �TkMG ENGIN�E Si �t PU'WNERS
aoo a� naae aavE, suite eoa
►aunamr�� mus �em� ei aa..eeas
,ere �w� fi-at4,�.s � ,o,as�-oo
WILLIAM
�L4N�'!�„� ���a��Y.N ��� i ''1
�� ������
�T �or e, �or e, �or �o,
,EkANOEi! 6L6CN A BLGGK A BLQCK A
�ssi
THIS �A5EMElVT LIES WITHiN A FEDERAL EMERGEiYCY
MANAGEME�NT AGENCY 13ESIGNATEO FLOOD PLAIN OR
FLD00 PRONE AREA�AS ❑�SIGNATE� ON TFiE FL00�
INSl1RANCE RATE MAP FOR OEi�TON COUNTY CDMMUNITY
PANEL 48121C037Q G,EFFEC7IVE OAT� APAIL 18,20fi.
PARCEL 39--5E-2
BEING A
l3,562 SQ.FT./0.31. ACRE
SLOPE EASEMENT
SITUATED IN THE
ROARK SURVEY, ABSTRACT N0. 1087,
DENTON COUNTY� TEXAS
nar�: oEC�Me�� 2o�z
J/�enton/A33-SE-2
PAGE 2 OF 4
�
�
-�= 22'14'32"
Rm839.9�'
T�165.1!'
L�326.Ofi'
Cb=N53'UB'13"E �
�c�324.0i'
�'�� � �.,�<
. ���
' .��;�
S-�\
�
EXHIBIT A- Slope Easement Tract 2
RICHARO A. GRAY. JR
UOC, N0. 2008-128435
Q.R.O,C.T.
-�� 5'A2'38" �-�" �
R�ie53.58' 1��-- ��`..
T�92.45' �— _—�
L�i84.74' � — — —
Ca=N70 'S0' 45"E — J — � �
l.c�i84,66' —� �
— —fy �
_— - _—�I 1 .
' � �� "" S02'i2'35"W �� � �,
� � \!�`�' i �4. B4' •a
� BR� S,�gE�T
�� �
pgOPO5ED 8���'iE
`— —� . —
- e- 94 •27 � i6" � 1oa rA
Rl�4%. SO FLOOOPLAIN� �
� � � � T��62. %S �
.
� �'�� c��°sso6os•ss•w ��
�y,� � �c=�na. oo � �
��, � /
1 ' /
/ � AICHARD A. GRAY, JR
pOC. NQ. 2008-128438
// O.R.O.C.T. � ��;'u���� � ��;��
- _ � ��19l�����
��/ NOT31 AC LIES WITHIN FLOODPLAIN
BR5IS OF BEARING IS NORTH AMERICAM DATUM
OF 1983 (NAf]-83) STATE PLANE CDORDTNATE
SYS7EM, TExAS NORTH CENTRA�.
h
6RAPHIC SCALE !'=Sa0'
D 50 f Ofl 150
Graham Associates,lnc.
CONSULTfNfl ENGINEERS � PLANNERS
eaa �x n,�ax auve. suiiE eoo
M-�NG7GH. 'IE7U9 7dtri1 61 E40-a83e
�era nnw r-ti■t/�n.a � tmaae-aa
iHiS �ASEMENT LIES WITHIN A I�EdERAL EMERGEMCY
MANAGEMEN7 AGENCY DESIGNA7E1] �LOOD PLAIN OR
FLOOp PRflNE AREA AS OESIGNA7Ed ON 7HE FLODD
INSUAANCE RATE �fAP FOR OENTON CDUNTY CUMMUNITY
PANEL 48a21C0370 G,EFFECTIVE DATE APRIL iB,2041.
PARCEL 39-5E-2
HEING A
13,562 SQ.FT./0,31 ACRE
SLOPE EASEMENT
SITUATED IN THE
WILLIAM R4ARK 5URVEY, ABSTRACT N0. i D87,
DENTON COUNTY, TEXAS
DATE: ❑ECEMBEl� 2011
.1/penlon/P39-SE-2
Page 3 of 4
EXHIBIT A- Slope Easennent Tract 2
PARCEL 39-5E-2
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 0.3 � acre tract of land situated in the William Roark S�cu�vey, Abstract No. 1087,
Denton County, Texas and being a portion of that certain parcel conveyed to Richard A.
Gray, Jr., as recorded in Instrument No. 2408-f 2$436, Deed Records, Denton County,
Texas, and being more particularly described as follows:
COMMENCING at a found 5/8 inch iran rad with cap, said point being the in thc south
line of' said Richard A. Gray Jr. tract and the northwest comer of Lot 7, Block A,
Meadaws at Hickory Creek, Phase One as conveyed to Linda J. and John M. Alexander,
Instntment No. 2010-b3691, Deed Records, Denton County, Texas, and being in the
existing east right-of way line of Bon�nie Brae Street (having a variable width R.O.W.);
THENCE North 88°04'29" East, leaving said existing east right-of-way line and a�ong
said south iine, a distance of 4$.50 feet to a point, sai.d point being in the proposed east
right-of-way line of Bonnie Brae Street {having a variabie width R.O.W.};
THENCE North O1°19'09" West, leaving said south line and following along said
proposed east right-of-way lin�e of Bonnie Brae S�reet, a dis#ance of 135.46 feet to a
poinf, being the beginning of a non-tangent curve to the right having a radius of 752.50
feet, a central ang�e af 32°40'23", and a lang chord which bears North 26°31'46" East,
432.33 feet;
THENCE along said proposed east right-of-way'line and said non-tangent curve to the
right, an atc distance of 429.12 feet to a point;
THENCE North 47°08'02" West, leaving said proposed east right-of-way Iina, a dis#ance
of 95.OD feet to a point for corner, being the POINT �F BEGINNING, said point being in
the proposed northwesterly right-of-way line of said Bonnie Brae Street;
THENCE North OS°35'07" East, leavin� said propased northwesterly right-of-way line, a
distax�ce of 3Q.12 feei to a point for corner, for the beginning of a non-iangent curve to
the righi ha��ng a radius of 839.91 feet and a centrat angle of 22°14'32" and a long chord
whfch bears North 53°06'13" East, 324,01 feet;
THENCE along said non-tangent curve to the right an arc distance of 325.05 feei to a
point for carner, for the beginning of a compound curve to the right having a radius of
1853.58 feet, a central angle of 5°42'38", and a long chord which bears North 70°50'45"
East, 184.6fi feet;
THENCE along said campound curve ta the right, an arc disfance of I84.74 feet to a
poir�t for comer;
EXHIBIT A- Siope Easement Tract 2
Page 4 of 4
THENCE South 02°12`35" West, a distance of 34.$4 feet to a point for corner, for the
beginning of a non-tangent curve to the left having a radius of 847.50 feef and a central
angIe of 34°27'16" and a long chord which bears South 60°OS'3b" West, 502,a0 feet, said
point being in the sazd proposed northwesterly right-of way line of Bonnie Brae Street;
THENCE along said proposed �arthwesterly right-af-way 1ine, and along said non-
tangent curve io the left an arc distance of 509.64 feet to the P�INT OF BEGINNING
and CONTAINFNG 13,562 square feet, 0.31 acres of land, more or less.
��-�� �_..r
PAGE ! OF
/ /
/
35QQ pIESLIN6 OR /'�'-
�or 2�. a�acK a ��5�.°
PETER ZHU 6
OING kANG ��^�
F����R� •
t�- �a
�$ �
��
���
1'S0! HEH[.OT OR
LOT 26, BLOCH 2
BTEYEN OAYIO S
LAUREN qAINEY
4805 MEREOT OR
LOT 25 BLOCK 2
B17UCE � HPYSTAL
STEXART
�► 4509 HERl4T dR
Ap 4UT Eq, BLOCK S
� LEE & LAiASHA
CARiER
y �513 MEfILOT qR
�L0T 23, 6LOCK 2
CHRISTOPNEq SYMS
aaf� �r�or oa
LoT 22, BLOCN 2
OOUGLAS TEAGUE
4'�21 MERLOT pq
LOi 2a, BLOCK 2
JAME6 BALLARU
18p! HEpLOT �R
LOT 20 BLOCI( 2
JEREMI� 8 iAURA
WELLS
�IBOB FtERLOT {1q
LOT 19, 6LOCK 2
4ALE QLIANiAS
POINT OF
COMMENCIN
FND 5/8" I.
w/ cAP
3;
�Oi
��
e
�3bpbpbp777O'
1
��i
4�
ri,
C9 �;
�
EXHIBIT A- Slope Easement Tract 3
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f ` /
O ��S \ � pLOQDPLAIN� ' /
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q� �� '�
6� 69 `52' 1!" �-- �f
R�752.50' ! ! � '
� T-555.92' � + � � � -'
0'Q � L-904.5f' � � �
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NOTE:
0.l0 AE LiES WITHIN FLODOpLAIN
8A5IS OF B�AFiTNG I5 N�RTH AMERICAN DAtUM
OF 1983 (NAd-B3} STATE PLAN� C00l�{]INATE
SYSTEM. T�xAS NpRTH CENTRAL.
n
OqApHIC SCALE 3'�fOp'
0 50 10U 150
ONSU TINO fHGSTlEE 5� �[t Pt1�NN RS
sao a�x ruas nn�vs, aui� aoo
�ara�, muw �eoii a��y e�o-sesa
1BPE FIRA6 F-11YI/THPLB RMfi 101035-00
WILLTAM
/ /
. � ��
,
_____ ,�,,
�------ ---- .
PRiVAT& DRlVE �� ' RICNARO A. GRAY. JR
- � � � � \ �� bDC. N0. 2008-129438
� � o.�.o.c.r,
. `
. �
. �
� �
� �
\ �
� �
\ �
� ��
\ �
\ �
� �
� 135g469 Y w \ ,�,�q +�°,�q�'6�R�� ��
�,p� 4 �� � �� �N�� H���Y'!I
��Ci
VBEAM 8T
3LOCK A L�T B, LOT 9. Ltl7 !0�
M. FLE%AN➢ER 6LOCK A 6LOCK A &LOCK A
�A30-B3691
.c.T.
7HI5 EASEMENT LIES WITMIN A FEOERAL EMERGENCY
MA�VA6EMENT AGENCY DESIGNATEd FL000 �LAIN OR
F100Q PRONE AREA AS OESI6NATE0 ON THE FLOOD
INSURANCE RATE MAP FOR DENTON COlJNTY C6MMUNITY
PANEL 48121C0370 6,EFFECTIVE DaTE A?RIL l8,201i.
PARCEL 39--5E-3
BEING A
4,477 SQ.FT./0.10 ACRE
SLOPE EASEMENT
SITUATED IN THE
ROARK SURVEY, ABSTRACT N0. 1087,
DENTON COUNTY, TEXAS
pATE: DECEMBER 2011
J/�enkon/p3J-SE-3
�xnitsi i a- �iope �asement rract s
PAG£ 2 OF 4
RICHARU A. �HAY, JR
O�C. N�. 2009-128436
O.R.�.C.T.
o= i �a%� i�°
�l�i853.58'
T=28.9�'
L�57.85'
Cp�N75•,24'29"E
LC-57.84'
NO2'12'35"E __ __
36 77 ' � � — �\
- � / EGIN1�TING � `\
��
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/ r
�
, ' �
/
/ ' � �
. ' � ' � 5'���E� �
N76'i8'08"E -�
51.60' --
-- /
�r � �-5i0'28'09"£ �
�.��.�\�u/ � 42 . 9 t ' � �
9'31' 51 "W
110.36'
� �gAE - � �— �---e- o •2e � 05 ° _
' � R-eq�.5o� —
, � —
��
' � ��� — �� s s�
�
Cb=S79 ' 17' 48"W
040�' �c�s. s2 �
4�' -` � �
` � f40 YR
� � FLOUDPLAiN�
� � �
i� A� 68'52'!1"
� � R�752,50' _ �
�y i T�515,92' -
L�904.51'
Lc=85i.03'4a E �� /
�
1 /
/ '
� RICHARO A. GaAY, JR
� DOC. N0. 2008-l28436
// U.A.�.C.T. ������ � ����� �
� �a ���
`�� NOT10 AC LIES WITHIN FL.UODPLAIN
BA5I5 OF BEARING IS N�RTH AM�RICAN DAiU#
OF 1983 (NAp-83} STATE PLANE COORDINA'iE
5Y5TEM, TEXA3 NORTH G£NTAAL.
n
flRAPHIC BCALE i'-f00'
o so ioo t5a
Graham Assoclates,lnc.
CtlHSULTINO EN6INEERS � Pt.ANNERS
aaa s�x fuaa anr�. sw� 600
aa.r+atar. roc�s �emt ai sao-aase
iere ruwa r-nn/rar�s � �meas-ao
THIS EASEMENi LZES WIThIIN A FEQERAL EMERGENCY
MANAGEMENT AGEMCY OESIGNATEO FL000 PLAIN QR
�'L000 PAONE AREA A5 DESIGNATE❑ ON THE FL00�
iN5l1AANCE RATE MAP FOA QENTRN GOUNTY COMMUNITY
PA�fEL A812iC0370 f,EFF�CTIV� pAT� APRIL 18,2011.
PARCEL 39-5E-3
BEING A .
4,477 SQ.FT./0.10 ACRE
SLQPE EASEMENT
SITUATED IN THE
W�LLIAM ROARK SURVEY, ABSTRACT N0. 1087,
DENTON COUNTY, TEXAS
dATE: DECEMBEq �011
J/Denton/P39-5E-3
�'age 3 of 4
EXHIBIT A- Slope Easement Tract 3
PARCEL 39-5E-3
LEGAL DESCRIPTION
�LOPE EASEMENT
Being a 0.10 acre tract of land situated in the William Roark Survey, Abstract No. 1087,
Denton County, Texas and being a portion of that certai� parcel conveyed to Richard A.
Gray, Jr,, as recorded in Instrument No. 20�8-128436, Deed Records, D�n#on County,
Texas, and being mare particularly described as fallows:
COMMENCING at a found 5/8 inch iron rod with cap, said point bein� the in the south
line of said Richard A. Gray Jr, tract and the northwest corner of Lnt 7, Block A,
Meadows at Hickazy Creek, Phase �ne as conveyed to Linda J. and lohn M. A�exander,
Instnirnent No. 2010-63691, Deed Records, Denton County, Texas, and being in the
existing east right-of-way Iine af Bonnie Srae Street (having a vaxiable width R.O.W.);
THENCE North 88°04'29" Easi, Ieavzng said existing east right�of-way line and along
said south line, a distance of 48.50 feet to a point, said point being in the proposed east
right-of-way line of Bonnie Brae Street {having a variabie width R.O.W.);
THENCE North Ql°19'09" West, �eaving said snuth line and following along said
proposed east right-af way line of Bonnie Brae Street, a distance of 135.�6 feet to a
point, being the begi�uung of a non-tangent curve to the right �having a radius of '152.50
feet, a central angfe of 68°S2'11", and a long chard which bears North 44°37'40" East,
S51 A3 feet;
THENCE alang said proposed �ast right-of-way tine and said non-tangen�t curve to the
right, an arc distance of 904.51 feet io a�oint; _
THENCE North 10°56'14" West, leaving said proposed east right�of-way line, a distance
of 95.00 feet to a goint for corner, being the POINT OF BEGINNING, said point being in
the praposed northwest�rly right-af way line of said Bonnie Brae Street;
THENCE North Q2°12'35" East, leaving said proposed northwesterly right-of-way line, a
distance of 36.77 feet to a poiz�t for carner, for the beginning of a non-tangent curve to
the right having a radius of 1SS3.5$ feet and a central angle of 1°4T17" and a long chord
which bears Narth 75°24'29" Easi, 57.$4 feet;
THENCE along said non-tangent curve to the right asi arc distance of 57.85 feet to a point
for corner;
THENCE North 76° 1 S'08" East, a distance of 51.60 feet to a point %r eorner;
THENCE South 10°28'09" East, a distance of 42.91 fe�t to a paini for corner, said point
being in ihe proposed narthwesterly right-af-way line of said Bonnie Brae S�reet;
EXHIBIT A- Slope Easement Tract 3
Page 4 0£4
THENCE Sou#h 79°31'S1" West, along said praposed northwesterly right-af-way line, a
distance of 110.36 feet to a point for corner, for ihe beginning of a tangent curve to the
left havin� a radius of 847.SQ feet, a centrai angle of 0°28'OS", and a tong chord which
bears South 79° 17'48" West, 6.92 feet;
THENCE continuing along said proposed northwesterly right-of-way line, and along said
tangsnt curve to the left, an arc distance of 6.92 feet to the POINT OF BEGINNIIVG and
CONTAINING 4,477 square feet, 0,10 acres of land, more or less.
�a-�..
PAG� S OF
/'
�
3500 RIEStIkG 0!1 �fi;
LOPETEfi ZI�RI & 2 �a`�.
QING lfANO ��`•��n,
����s
�� � ��
�� ��
150f HERLOT OR
LOT 26. BLOCK 2
STEVEN OAYI� 6
LAUqEN RAINEY
4607 NERLOT pR
L67 29, BLOCK E
BRUCE 6 KRYBTAL
37EHARi
�� 4604 FERL6T pp
p LOf 2�, BLOCK 2
� L.EE C LATASHA
CARZER
� �ei3 i1�RLOT �R
1 LOT 23, BLOCK 2
CHRISTOPEiER BIk3
4617 MERLUT pR
LOT 22, 6L,OCK 2
OOUOLAS TEAGUE
�e2� MoR�ar oa
LOi 21, BtOCK 2
JAMES 9ALlAR�
46U S MEHi.OT 17R
LOT 28, BL�CN 2
JEREMY & LAUFA
1PELLS
fB05 MERLOT OR
LOF i$ BLOCK 2
OALE OUANTAS
po�r a�
C0�[MENCIN
IM
FND 5/8' I.
F!/ CAP
3
��
�
x
p� 0
� H
3
W
O�
� M
� 7
EXHIBIT A- S1ope Easement Tract 4
� �° 45'53 � �SM
1 R-752.50' �
� � T�31�.5%�
�
� ! � 1Cp�IV56735' 07 "�'
�c�586.79' °
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QI�1-l3G1 '0�!2' 64"
C1� / UD . �f� �
� � ;�Y T�211.24'
� � L�412.1d'
�� POINT OF `. Cd�S52 •32' 33"W
, HEGINNING �y �\ Lc-A07.07' � �
` � !tlQ YA � „ `/
�/ I ` FLOOOPLAIN� �
r� i N56'16'39"W�C � ',�
l f/
� � �O� B.Bg� _��_�'�'! . -
� � e� z�•2��50° ► � "
I � q �� R-752.50' ! ! � � �
���111 Tmi55. 15' �� i� I,
� I �� L�307.95' � �'
� � CbaN�i'54'59"E / �
I � f 4Q4',� Lc�305.84' ��
/
y��,�l ' // /
; � � - - --- ---- _ _-- -----, !,,
� PBNATB DRIVE �� � pICiiARA A. GRAY, JR
� � � i-�_ �. - - - - - ~ - - � � \ �� UOC. N0, �008-f28436
� f �i � �` o.R.o.c.r.
I f �� �
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111
NOTE;
ApPAOX, 0.43 AG LIfS WITHIN FLOflOPLAIN
BASTS OF BEARiNG iS NORTFE AMERICAN �A7UM
OF 18B3 iNAO-B3) STATE PLANE CO�RQINATE
SYSTEhk, TEXAS NORTH CENTRAL.
n
GRAPFIIC SCALE S'rS00'
0 50 100 450
C HSUITING EHGINEERS Att PL�N ERS
!CO 8171 RAO! ORI1R. �i7U�lli 000
ARLIH0IGN. 7E)fA8 7rl011� �akA6 10+i�36-OQ
iBPE FIfiM� F�11i1
1'►ft���;TiT�
9 ' 09"W ���� ���@,��`
.48'
��� �������� ���^ ��'��
@BEAN Si
3LOCK A LO7 B. LOT 9, LOT !0,
MS. ALE7fAN0ER BLOCK A 6LUCK A BLOpC A
�.010-83691 �
.C.T.
A PORTION OF TNIS EASENi�Ni LiES WITNIN A FE�ERAL
EMERGENCY MANAGEMENT AGENCY �ESIGMATEO FL000 PLAIN
QR FL00� PRONE AREA A5 OESIGNATED ON THE FLDOCI
INSURANCE RATE MAP FOii OENTON COUNiY C�hEMLlNITY
PANEE. 48121G0370 G,EFFECTiVE DATE APRIL 18,20fi.
PARCEL 39-5E-4
BEING A
19,031 SQ.FT./U.44 ACRE
SLOPE EASEMENT
SITUATED IN THE
ROARK SURVEY, ABSTRACT N0. �,087,
DENTON COUNTY, TEXAS
DATE': �ECEMBER 201i
J/�entan/P39-SE-4
PAGE 2 OF 4
�� Y�'53 � �U��
R-762.50' �
T�3te.57'
L-802.71'
Cb=N56'35'07"E �
Lc=586.73' � �
�
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'
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/
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i
S�
�,,
L' Alllill l H� OIUUC L' iLJC111C11L l i-'slG6 4
RICHARO A, GftAY, JA
dOG. N0. c�OQB-928438
O.R.D.C.T.
_._J`_ _ �yr � _'
� � �
� ly }
_ �` y
�� ~ -� ►
.� —_,__— i i 5TREET
_ — �1� BR�
�� �
, �
pgOP�SED BOi�
q {�
� ag ,�
5ifl1� Qp •
�yg •3�' 5!"� + -
O • l�,\ � � � r
����t'���;, � S79'31'51"W
�. 7.50'
�
�\.�\���„r� �W L —
` ':�_�:•��.� 5804a ��a Si4'2B'09"E
, , �`:] 22.93'
`` 100 YR
\ \ � FLOqOPLAIN� �'
�..`
� � e- 7 �ag � as � �
y �� 3i'02'54" A°1762.34' ��
✓ R�764.48' L�23Q.42' / '
T=221.24'
� L�4t2,i0' Cb�S76'59'34'W /
Cp�S52'32'33"W Lc-230.28' I �
Lc-407.07' �
� RICHARp A. GAAY, JH
� DOC. N0. 2008^129436
/ R.R.D.C.T. �����e���
_ /� �p���� @�� ����
�/ APAAOX. 0.43 AC LIES WITWIN FLbO6PLAIN
BA$IS aF BEARING IS NORT11 AMERICAN DATUM
OF �983 (NAO-83� 5TATE PLAN� COORDINAT�
SYSTEM, TEXAS NQRFH CENTRA�,
h
GPAPHIC SCALE 1•�l00'
a 5a soo iso
CONSIh! �ING ENOtNE�ERSi �t Plsil'NIN R5
eoo s�x ruos oravr� suire eoa
w+unorn�. ious nm� cm e�o-es3a
terE nn� �-nst/rep.s F�� �rns�e-oo
A POATiON OF THIS EASEMEN7 LIES WITFEIN A FEDEAAL
EMERGFNCY MANAGEMENT AGENCY DESIGNATE� FL000 PLAIN
OR FLOOD PRONE AREA AS OESIGNATEO ON THE FLOOD
INSURANCE RATE MAP FaR OENTON COt1NTY COMkiUNITY
PANEL 49121C0370 G,EF�ECTIVE DATE APRIL 18,2011,
PARCEL 39-5E-4
BEING A
I9,U31 SQ.FT./0.44 ACRE
SLOPE EASEMENT
SITUATED IN THE
WILLIAM ROARK SURVEY� ABSTRACT N0. 1087,
DENTON COUNTY, TEXAS
oar�: n�c�MaER �otis
J/Uentnn/P39-SE�4
Page 3 of �}
EXHIBIT A- Slope Easement Tract 4
PARCEL 39-5E-4
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 0.44 acre tract of land situated in the William Roazk S�rvey, Abstract No. 1087,
Denton Connty, Texas and being a portion of that certain parcel conveyecl to Richard A.
Gray, Jr,, as recorded in Instr�xment No, 2008-12843b, Deed Records, Denton County,
Texas, and being more particularly described as follows:
COMMENCING at a found 5/8 ineh iron rod with cap, said point being in the south lin8
n€ said Richard A. Gray Jr. tract and the northwest corner of Lat 7, Block A, Meadows at
Hickory Creek, Phase One as conveyed to Linda 7. and 7ohn M. Alexander, Instrument
No. 2010-63691, Deed Recards, Denton County, Texas, and being in the existirtg east
right-of-way line of Bonnie Brae Street (ha�ving a variahle width R.O.W.);
THENCE North 88°04'29" East, leaving said existing east right-of-way line and along
said south iine, a distance of 48.50 feet to a poinf, said point being in the proposed east
right-of-way Iine of Bonnie Brae Street (having a variab�e width R.O.W,);
THENCE North Ol°19'09" West, Ieaving said south line and fallowing along said
proposed east right-of-way line of Bonnie Brae Street, a distance of 135.46 feet to a
point, being �he beginning of a nan-tangent curv� ta the right havi�g a radius af 752.50
feet, a central angle of 23°26'S0", and a long chord which bears North 21°54'S9" East,
305.80 feet;
THENCE along said proposed easi right-of-way line and along said non-tangent curve to
the right, an arc distance of 3Q7.95 feet to a point for corner, being the POINT OF
BEGINNING, and being the beginning of a compound curve to tk�e right having a radius
of 752.5U feet, a cen#rai angle of 45°53'26", and a long chord which bear� North
56°35'07" East, 5$b,73 feet;
THENCE along said proposed east right-of-way li.ne, and along said compo�nd, a
distance of 602.71 feet to a point �'or carner;
THENCE Nortk 79°31'S1" Eas#, continuing a�ong said east riglrt-af-way line, a d'zstance
vf I�Q.36 feet to a point for eorner;
THENCE South l0°28'09" East, leaving said proposed east right-of-way Zine, a distance
of 18,00 feet to a point for corner;
THENCE South 79°31'S1" West, a distance of 7,50 feet ta a point far corner;
THENCE South 10°28'09" East, � distance of 2293 feet to a point for corner;
EXHIBIT A- Slope Easement Tract 4
Page4of4
THENCE Sou#h 80°44'18" West, a distance af �4.03 feet ta a point for corner, far the
beginning of a tangent curve to the left having a radius of 17d2.34 feet, a central angle of
7°29'29", �nd a long chord which bears South 76°59'3�4" West, 230.26 feet;
THENCE along said tangent cuzve to the left, an arc distance of 230.42 feet to a point for
corner, for the beginning of a compaund curve to the left ha�ing a radius of 750.48 feet, a
cen.tral angle of 31°02'S4", and a long chord which bears South 52°32'33" West, 407,07
feet;
THENCE along said compound cvrve to the left, an arc distance of �12.10 feet to a point
for corner;
THENCE North 56°16'38" West, a distance of 8,88 feet to the POINT O� BEGINNING
and CONTAINiNG 19,031 square feet, 0.44 acres of Iand, more or Iess.
� J r� �J r [rV l "�
PAGE ! OF 5
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LOT 27. BLOCK 2 �f�'
Pairna ir�� � �
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4541 ISERLOT pR
LOT 26. BLOCK 2
sreve� oAVio c
LAUREN RAINEY
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�808 WERLOT �R
LOi 28, BLOLK 2
BRIICE & KqYSTAI.
57EMAR7
�r 4609 MEfiLOT UR
� LQT 24, BLOCK 2
LEE & LATASHA
CARTER
$ aeia �R�.or oR
�LOF 23 BLOCK 2
CHHISTaPiiER SIHS
4917 MEHLOT OR
LOT 2� BLOCK 2
OOU6L�iS TEAGUE
�ez� �+er�.ar ns
L07 21, 6LUCK 2
JAMES BFLLAH�
460! MERL07 Op
LOT 20, BLOq( 2
JENEMY 6 LAURA
XELL$
�fi06 MERLOT OR
LOT !9, BLOCM 2
DALE �UANiA9
POINT OF
COM�ENCIN
FHD 9/8" I.R
W/ CAP
EXHIBIT A- Slope Easement Tract 5
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OF i983 (NAp-83) STATE PLAN� COORqTNATE
SYSTEM, 7EXA5 �lORTH CENTRAL.
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U 50 10U 150
CdNSULTING EflCI EE St 8t PU�N?i RS
eoo s�z ►NOS nnrve(. a�wts aoo
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a Cp=N44 51'43'E / /
WILLIAM
LC�BBE.O9� / /
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f�� �� �� RICHARO A. GRAY, JR
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A lOT B, L�T 9, LOi 10,
.EXAN�R BLOGK A BLOCK A BLOCK A
1691
7HTS EASEMENT LIES HTTHIN A F�aERA� EM�FiGENCY
MANAGEMENT AGENCY DESIGNAtE� FLOOD PLAIN Q�i
FL40� P�70NE AREA AS tiESTGNAtE� ON 7HE FLQOD
INSl1RANCE RA7E MAP FOA qEEJTON COUNTY COhiMUNITY
PANEL 48f21C0370 G,EFFECTIVE DATF APRIL 18,2011.
PARCEL 39--5E--5
BEYNG A
i 2,285 SQ.FT./0.26 ACRE
SLOPE EASEMENT
SITUATED IN THE
ROARK SURVEY, ABSTRACT N0. � 087,
DENTON COUNTY, TEXAS
[]ATE: �EC�MBER 2011
J/Oenton/P39-SE-5
pAGE 2 pF �
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EXHIBIT A- Slone Easement Tract 5
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pTCHARU A. GRAY, JR � a � \
OOC. N0. 2048-128438 � � ' �
U.R.p.C.7. � / /
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-e� i� �a3 � �3„ �
R�847.50� / � �
T=13a:89' � / ��
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L �5�.73' .
Cb�N70'45'0�"E �
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� UOC, N0, 2008-128435
i �r / O.R.O.C.T.
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5B9'47' 53"W
7.50'
/ �---820'12'07"E
�a��� az . is �
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A� ifi'46' 34"
/ p�B80.00'
/ T=129.76'
L�257.66'
Cb-S7t'OB'34"W
Lc�25fi.i4'
BA5I5 OF BEARING �S NOFITH AMERICAN DATUM
4F 4983 (NAO-63) STATE PLANE COOFiDINATE
SYSTEM, TEXAS NORTH CENTRAL.
n
9iiApHTC SCALE �•-soa�
0 5a soo iso
GOiQSUlTING iNCSHEERS 8� Pi�NN R5
eoo mx n�o� awve. au« eaa
�urto�nn� �us �a� t e�o-�aae
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NO7E:
0.26 AC LIES WITHIN FLOOOPLAIN
THIS EASEMENT LIES WYTHIN A FE�ERAL. EMERGENCY
MANAGEMENT AGENCY �E5TGNATE� FL00� PLAIN OR
FLQOD pRONE AREA AS dESIGNATED ON THE FLOOD
INSURAPlCE RATE MAP FOR �ENTON COUN�Y COMMUNIiY
PANEL 48f21C0370 G,EFFECTIVE DATE APRIL 18,2614.
PARCEL 39—SE--5
BEING A
11,285 SQ.FT./0.26 ACRE
SLOPE EASEMENT
SITUATED IN THE
WILLIAM ROARK SURVEY, AHSTRACT N0. 1087,
DENT4N C4UNTY, TEXAS
DATE: DECEMBER 2011
J/Oentah/P33-SE-5
PAGE 3 dF �
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EXHIBIT A- Slope Easement Tract 5
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pICFiARO A, GRAY, JR � ' D �
flOC. N0. 2008-528436 � � ' �
Q.R.D.C,T. � / /
/ �
/ �
i �/ !
/ �
R=847 . 50� �� " �, � �
L �5g.73' � � .
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C�N74 '45' 04"E �
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�11 / 40��� � ' � ,
� 4$� ,01° ��� �
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� OQC. M0. 2008-128438
i � / D.R.U.C.7.
�� / /
I_.� � .
'47' 53"W
7.50'
/ �520 `i2' 47"E
22.i6'
tu �oo��
F�
o= is •4s � sa M
/ R=88�.04'
/ 1'� 129. 76'
L=257.6fi'
Cb=S71 'OA' 34"W
Lc�256.74'
HA5IS QF BEAAING IS NORTH A�IERICAN 6ATUM
OF 1983 (NA�-83) SFATE PLANE CaQROINATE
SYSTEM, TEXAS NORTH CENTRAL.
n
ORAF'H[C 9CALE S'-1Q0'
0 5Q SOp 150
C NSUL�TING ENGSNE��kS �t PL�iNN R5
soo a�x pu,as oetlVe. swre aoo
,wu�arai. �ua �ami e�� e+a-ss�s
78PL F111M� f-flAf/1l1PL6 Ni(� 10103E-00
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NO7E:
0.25 AC LIES WITHIN FLUOpPI.ATN
THIS EASEMENT LIES WI7HIN A FEDERAL EMERGENCY
MiANAGEMENT AGENCY �ESIGNATEO FL000 PLAIN OR
FLOOD PRONE AREA A5 DESIGNATED ON THE FL000
INSLfRANCE RATE MAP FOR DENTON CDUNTY COMMUNITY
PANEL 48121C0370 G,EFFECTIVE �ATE APRTL iB,2011.
PARCEL 39--5E-5
BEING A
11 �285 SQ.FT./0.2fi ACRE
SLOPE EASEMENT
SITUATED IN THE
WILLIAM ROARK SURVEY, ABSTRACT N0, i087,
DENTON COUNTY, TEXAS
pA7E: I]ECEMBER 2041
.3/Oenton/P39-SE-5
Page 4 of S
EXHIBIT A- Slope Easement Tract 5
PARCEL 39-5E-5
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 0.26 acre tract of land situated in the William Roark 5urvey, Abstract Na. 1087,
Den�on Caunty, Texas and being a portion of tha# certain parcel conveyed to Richard A.
Gray, Jr., as recorded in Insirument No, 2008-128436, Deed Records, Denton County,
Texas, and being more particularly deseri�ec� as follows: '
COMMENCING at a found 5/8 inch iron rod with cap, said point being in the south line
of said Richara A. Gray Jr. tract and the northwest corner nf Lot 7, Block A, Meadows at
Hickory Creek, Phase One as conveyed tn Linda J. and Jokut M. Alexander, Instrument
Na. 2010-G3691, Deed Records, Denton Cnunty, Texas, and being in the existing east
right-of-way line of Bonnie Brae Street (having a variable �wic�th R.O.W.};
THENCE North 88°04'29" East, leaving said cxisting east right-of-way Iine and alang
said south line, a distance of 48.5� £eet to a point, said point being in the proposed east
right-of-way line of Bonnie Brae Street (having a variabte width R.O.W.);
THENCE North Ol ° 19'09" West, leaving said south line and fallowing along said
proposed east right-of way line of Bonnie Brae Street, a dis�a.n.ce of 135.46 feet to a
point, heing the beginnin� of � non-tangeni c�rve to the right having a radi�s of 752.50
feet, a central angle af 59°20'16", and a long chor� which bears North 44°51'43" East,
856.09 feet;
THENCE along said proposed east right-of-way Iine and along said �non-tangent curve to
the right, an arc distance of 910.66 feet to a point for corner,
THENCE North 79°31'51" East, along said proposed east right-of-way line, a distance of
135.36 feet to a point far corner, being the POINT QF BEGIlVNING;
THENCE North 79°31'S1" East, continuing along said proposed east right-of-way line, a
distance of 93,10 feet to a point for corner, for the beginning of a tangent eutve to the Ieft
having a radiUS of 847.50 feet, a central angie of 17°33'33 ", and a long chord which bears
North '10°45'a4" East, 258.71 feet;
THENCE continuing along said praposed aast right-of-way line, and along said tangent
curve io the left, an arc distance of 259.73 feet to a point for corner;
THENCE South 24°12'07" East, leaving said proposed east right-of-way line a distance
of 1�.59 feet to a point far corner;
THENCE South 69°47'S3" West, a distance of 7.50 feet to a point fox corner;
EXHIBIT A- SEope Easeme�t Tract 5
Paga 5 of S
THENCE South 20°12'47" East, a distance af 22.16 feet to a point for corner, for the
beginning of a non-tangent curve to the right having a radius of $$0.00 feet and a central
angle of 1b°46'34" and a Iong chord which bears South 71°08'34" West, 256.74 feet;
THENCE aiong said non-tangent curve ta the right an arc distance of 257.b6 feet to a
point for corner;
THENCE Soutl� 79°31'S1" Wes#, a distance of 85.�d feet to a point for corner;
THENCE North 10°28'd9" West, a distance of ]4.5� feet to a point for corner;
THENCE 5outh 79°31'51" West, a distance af 7.54 feet to a point far corner
THENCE North 10°28'09" West, a distance of 15,00 feet to the POINT OF BEGINNIlVG
and CONTAINING 11,285 square feet, 0.2b acres of�and, more or less.
' O3=rs'�z°�Z-
PAGE 1 OF 5
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3500 RIESLINf3 OR
LOT 27, BLOCK 2
PETEq T.HU 8
S7IN0 NAN6
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4301 NERLOT ON
LOi 26, BLOCK 2
szEVEr� oavio m
uueEnt RhtNar
4509 MERi.O� OR
LOT 25, 6LOCK 2
Bql10E & kRYBTAL
$TEXART
�K 4509 MERLOT OB
� L0T 8�, BLflCK p
LEE & LpTASHA
CARTER
� 4!!3 MEHLOT �R
�LOT 23 BLOLK 2
CFtqL3t[SpHEp SIHS
4517 MEpIOT OR
�ar 2a, $LOCK 2
nouc��s sE.�aue
4ees �r�or oa
iAt E1, BLOCK 2
JAIAES BALIAH�
16Qi NERLpT OA
iar �n, a�o�x x
JEREMY 6 LAURA
x��s
4so5 ��ar oR
L07 19, BLflCK 2
OJILE OUpFFTAS
P�INf OF
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EXHIBIT A- Slope Easement Tract b
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��� Cb�N44'55'43"E �
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0.38 AC LIES WTTHIN FLOOpPLAIN
BA5T5 OF BEARING IS N�RTH ,4MERICAN f]A7UM
OF 1983 (NAO-83) S7ATE PLANE COORDLNATE
SYS7EM. T�XAS NaRiH CEHTRAL.
n
BR.IPHIC 9CALE 1'�J04'
0 50 !UO 150
CANSU 71NC ENCS EE St �t PU�P1N RS
eoa e�x ruus wn�� aui� eoo
MuHaiaH. �w�s Tem� et s<o-eesa
iBPE FlRAIt F-1191/IBPIS lolai�00
WILLIAM
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9T
A LU7 B, LOT 9. L9T 10,
.EXANaEF BLOCK A BLOCK A BLOCK A
169 t
THIS EASEMENT LIE3 WITNIM A FE�ERAL EMERGENCY
MANAGEA4ENT AGENCY �ESIGNATED FL00� P�AIN OR
FL6�0 PRONE AREA AS dESIGNA�EO ON THE FL000
INSURANCE AATE MAP FOR DENTON COUiViY CQMMUNITY
PANEL 48121C0370 G,EFFECTiVE pATE APRTL 18,20f1.
PARCEL 39-5E-6
BEING A
1 B,371. SQ.FT./U.38 ACRE
SLOPE EASEMENT
SITUATED IN THE
ROARK SURVEY, ABSTRACT N0. 1087,
DENTON COUNTY; TEXAS
aA7E: ❑EC�MBER 2011
J/�entort/P39-SE-6
�xtit�ii�l� A - alope �asement '1'ract 6
PAGE 2 pF 5
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RICNARb A. GRAY, JR
�DC. N0. 2tl08°f28436
O,A.U.C.7.
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R=702.50'
T=82.72'
L�154.68'
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Cp=S70•15'i2"W
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�H-752.60•f6' � � �
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L-930.66' F�DOpPLAIN —�
Cd-N44 '51 ' 43 `E
Lc-856.09' '
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� pQC. N0. 2008-f28436
/ 0. A. �. G. T. ��� ��1�; �� 'ti�
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� NaTE:
�•� Q.38 AC LIES WITHIN F�OO�PLAIN
BA5I5 OF BEARING IS kOFITH AMERICAN DATUM
OF 1983 (NAO-83j STA7E PLANE COOFIC�INATE
5Y5TEM, TEXAS kORTH C�NTRAL.
n
4AAPHIC 9CAtE i•-iao�
0 50 !00 150
GraF�am Assoc�ates,lna.
COMSULTING ENGIhEEpS � PLANNERS
eoo sx Fuas owv�{, suirE eoo
��, ��l�Pis h�in�i� lot�aae°�00
THIS EASEhSENT LIES WITHIN A FE�ERAL. EMERGENCY
MANAGEMENT AGENCY OESIGMATE❑ FLOOD PLAItd OR
FLOOD PfiONE AAFA AS �ESTGNATE� ON Ti1E FGOQI]
INSURAiJCE RAT� MAP FOR DENTON CDUNTY COMMUNiTY
PANEL 48121G0370 G,�FFECTIVE DATE APRIL 18,201i.
PARCEL 39—SE�-6
HEING A
16,371 SQ.FT./0.3B ACRE
SLOPE EASEMENT
SITUATED IN THE
WILLIAM RUARK SURVEY, ABSTRACT N0. 1087,
DENT4N COUNTY, TEXAS
oaTE: o�c�t�eE� 20 � i
J/�entan/P39-SE-6
PAGE 3 OF 5
T�TiTTTTT ! ['Y1 11
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R�752.50'
T�A22.92'
L�243.69�
Cb�*570'i5' 12"W
Lc��A2.63'
BASIS OF 8�A€iFNG IS NpFiTH AMERICAN DA7UM
DF 1983 (NAO-83j STATE PLANE COORDINATE
3YSTEM, TEXA5 NORTH CENTRAL.
n
6HAPHIC SCAI.E i'-l00'
0 5Q fOQ f50
Graham Assoc�ates,lnc.
CONSi1LTING EHCENEERS At PLANNERS
soo mx � auvs. s�n� eoa
u�amri. ious �ear� (e�7] eso-eeae
7BPE Fl111�t F-�ti}/isPL� HR� 101836-00
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OOC. N0. 2009-128436
o.q.o.c.r.
Nnr�:
0.38 AG LIES WITHIN FLOODPLAIN
THIS EA5EMENT �IES WI7HIN A FEOERAL EMERGENCY
MANAGEMENT AGENCY OE5IGNAiEO FLOOD PLAIN OA
FLOa� PRONE Ap�A AS DESIGNATE� aN THE FLOOD
INSURANCE RA7E MAP FOR DENTON C(I�NTY COMMUNETY
PANEL 49421C0370 G,EFFECTIVE DATE AARIL 18,20fi.
PARCEL 39-SE-B
BEING A
16,371 SQ.FT./0.38 ACRE
SLOPE EASEMENT
5ITUATED IN THE
WILLIAM ROARK SURVEY, AHSTRACT N�, 1 U87,
DENTON COUNTY, TEXAS
OATE: �ECEMBEFi 2fl 11
J/�enton/P38-SE-6
Page 4 of 5
EXHIBIT A- Slope Easement Tract 6
PARCEL 39-5E-6
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a D.38 acre frac# of land situated in the William Roark Szu�vey, Abstract No. 1087,
Denton County, Texas and beir�g a partion of that certain parcel conveyed to Richard A.
Gray, Jr,, as recorded in Instrument Na. 2008-Z28436, Deed Recards, Denton Couflty,
Texas, and being rnoare particalarly described as follows:
COMMENCING at a found 518 inch iron rod with cap, said point being the in tl�e south
line of said Richard A. Gray Jr. tract and the northwest corner of Lot 7, Block A,
Meadows at Hickory Creek, Phase One as con�eyed to Linda J. and John M. Alexander,
Instnunent No. 201 p-b3b91, Deed Records, Denton Cotinty, Texas, and being in the
existing east right-of-way line af Bannie Brae Street {having a variable width R.4.W.};
THENCE North 88°04'29" East, leaving said existing east righ.t-of-way line and aIong
said soukh line, a distance af 4$,50 feet to a point; said point being in the praposed east
right-of-way line of Bonnie Brae Street,(having a variable width R.D.W.);
THENCE North 41°19'09" West, leaving said souih line and following along said
praposed east right-of-way line of Bonnie Brae Street, a distance of 135.46 feet to a
poiunt, being the beginning of a non-tangent curve to the right having a radius of 752.50
feet, a eentral angle of 69°20'16", and a long chord which bears Narth 44°51'43" East,
85b.09 feet;
THENCE along said praposed east righ�-of-way Iine and said non-tangent curve to the
right, an arc distance of 910.66 feef to a point;
THENCE North 79°31'S1" East, continuing along east right-�f-way line, a distance of
135.3b feet to a point for corner;
THENCE North 10°56'09" West, leaving said proposed east right-of-way line, a distance
of 95.00 feet to a po2nt for corner, being the POFNT OF BEGINNING, said point being in
the proposed northwesterly right-of-way line of said Boiu�ie Brae Street;
THENCE North 10°28'Q9" West, leaving said proposed northwesterly right-of-way line,
a c�isfance of 44.32 feet to a point for corner;
THENCE North 76°18'08" East, a distance of 163.83 feet to a point for eorner, for the
beginning of a non-tangent curve to the left having a radius of 702.50 feet and a centrat
angZe af 13°25'S3" and a iong chord which bears North 67°03'34" East, 164.30 feet;
THENCE along said non-tangent curve ta the Zef� an azc distance of 164.68 feet io a point
for comer;
EXHIBIT A- Slope Easement Tract 6
Paga 5 of 5
THENCE South 24°12'07" East, a distance of 50.64 feet fo a point for corrier, for the
beginning of a non-tangent curve to the right having a radius of 752.SQ %et and a central
angle of 18°33'I7" and a long chord which bears South 7d°15'12° West, 242.63 feet, said
point being in the proposed northwesferly right-of-way line of said Bonnie Brae Street;
THENCE along said propos�d northwesterIy right-of-way iine, and along said ;non-
tangent curve to the right an arc distance of 243.69 feet to a point for corner;
THENCE South 79°31'S1" West, continuing along said northwesterly right-of-way line, a
distance af 93.10 feet to the POINT OF BEGINNING and CONTAINING 16,37i square
feet, 0.38 acres of land, moxe or less,
PAGE � DF 5
//
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J900 RIE6LIMG OA f�-
LOT 27. BLOCK 2 �`5 "
PETER 2HU & .^°A'.
QIN6 HhNG �;�;psr�
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LOT 2b, BLOCK 2
9TEYEN 6AV[0 &
LAUREN HAINEY
4l68 1{EqLOT OA
LOT 25. BLOCK 2
BRUCE 6 KRYSTAL
STEMART
W� �OT� 24 BLOCK 2
��y � LEE 6 LATABHA
CAR7EA
� ,5l3 MERLOT OR
�LOT 23, 9LOCK 2
CHFISTOPI�H SIMS
45f7 NER4pT dR
LOi 22 6L.00K E
UOLIGL�B 7EA6UE
4621 IfEFq.OT OR
L6T 21, BLOCK 2
JAHES BALLAAU
48p1 pEpLOT OH
�or zo e�ocu z
JEf�M1� S LAURA
kELL$
4608 MERLOT OR
LOT !9, BLOCK 2
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EXHIBIT A- Stope EasemeQt Tract 7
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0.73 AC LIES WITHTN FLOOQpLAIN
BASIS OF BEARING IS NORTH AMERICAN �ATUM
QF 1393 (NAD-83) STATE PL.ANE C�ORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
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OCK A �or e, 1,OT 9, LOT f0.
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6-8389i
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THTS EASEMENT LIES WI7HTN A FE�EAAL EMEl�GENCY
MANAGEMENT A6ENCY DESIGNATE� FLQ00 PLAIN OR
FLOQO PAONE AR�A AS pE5TGNATEb ON 7l1E FLOD�
INSURANCE RATE MAP FOR QENTdN COt1NTY COMhfUNITY
PAMEL 4812tC0370 G.EFF�CTIVE �ATE APRIL. 18,2011.
PARCEL 39-5E-7
BEING A
� 31,702 SQ.FT./0.73 ACRE
SLOPE EASEMENT
pRAPHIC BCALE �-.,00� SITUATED �N THE
0 5o soo i5a ��LLIAM RQARK SURVEY, ABSTRACT N0. �087,
Graham Assoc�ates I�c. �AMES EDMONSON SURVEY, ABSTRACT N0. 4UD,
CO!lSULTING ENGIkEERS � PL�NNERS DENTON C4UNTY� TEXAS
aoo ax ruoe aeivie, aur� eno
��� F x�Q��� �e� ao�e�� OATE: DECEMBER 20 f 1
J/Denton/P39-SE-7
PAGE P OF 5
EXHIBIT A- SEope Easemeret Tract 7
RICHARO A. GpAY. JR
OOC, N0. 2008-l2843fi
O.R.U.C.7,
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/ �OC. N0. 2008-128436
/ �.R.E1.C.T. ���,���'a
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� , 0.73 AC �IES WITHIN F�OOOPLATN
THIS EASEMENT LIES WITHiN A FEOERAL EhEERGENCY
8A5I5 OF BEARING fS NORTH AMERiCAN �ATUhE MANAGEMENT AGENCY OESIGNATED FLOOa PLAIN OR
DF 1383 (NAD-83) STATE PLANE CODRDINATE FLOb� PR6NE AREA AS UESIGNATED ON THE FLOOCJ
SYSTEM, TEXAS NORTH CENTRAL. INSURANCE RATE MAP FOR [}EN70N COUNTY COMMUNITY
PANEL 48124C0370 �,EFFECTIV� DATE APRTL 18,2Q11.
n
GRAPHTC SCAEE f'�540'
0 50 100 150
co �su aiNa e os �� sie�f Pu��i ER's
eoo s�x ruos oni�, gw� sao
,wuHOmn, ra�s �emt e� a4o-eaaa
�sre sia�, r-no�/�sPU � iaase-ao
PARCEL 39-5E-7 �
BEING A
31,702 SQ.FT./0.73 ACRE
SLOPE EASEMENT
SITUATED IN THE
WiLLIAM RQARK SURVEY, ABSTRACT N�. f U87,
JAMES EDMONSON SURVEY, ABSTRACT N0. 400,
DENT4N COUNTY, TEXAS
❑ATE: �ECEMBER 2011
J/Aenla�/P39-SE-7
EXHIB�T A- Slope Easement Tract 7
PAGE 3 OF 5
iIARVIN HENOEliSON ESTATE TAU3T �
OOC. N0. 86-H0085900
O.R.D.C.T. !
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DbC. N0. 2008-12943fi �\ � /
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BASIS OF B�ARING I5 NBRTH AMERICAN DATUM
OF f983 iNAO-B3) STAT� PLANE COOROINAT�
SYSTEhi, TEXAS NORTH CENTRAL.
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f DqC. N0. 2008-12843
� U.R.O.C.T.
ea ae •as � 21 ��
R=752.54'
T=320.24'
L�6D5.54'
Cb°S35'59' 29"W
L�=5B9.33'
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FLOOOPLAIN
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NOTE;
0.73 AC l.TES WITHIN FLOOOPLAiN
THIS EASEMENT LIES WITHIN A FEQEAAt EMERGENCY
MANAGEMENT AGENCY OESIGNATEQ FLOOD PLAIN OR
F�OOp PRQNE AREA AS OESIGiJATED ON 7HE FL00�
INSURANCE RATE MAP FOR DENTON COLENiY COMMEiNITY
PANEL 48121C0370 G,EFFECTIVE QATE AP�IIL 18,201�.
PARCEL 39-5E-7
BEING A
n 31,702 SQ.FT./0.73 ACRE
6R0.PHIC SCALE !'�fAp'
0 50 10D 750
ONSULT�Ik4 EkAf�SNE�RS dct PLA�NNERS
60p SIX rU10f OM4E, SUI7[ 600
A1a.w0iaN. Tmus 7ewt (a171 uo-aese
7BPE flRMi F-l1Y1/1BPL6 f1Rlli tOt�SR-Op
SLOPE EA5EMENT
SITUATED IN THE
WILLTAM ROARK SURVEY, ABSTRACT N0. 1087,
JAMES EDMONSON SURVEY, AB5TRACT N0. 400�
DENTON CUUNTY, TEXAS
DATE; DECEMB�R 201i
J/Oenkon/P39-SE-7
Page 4 of 5
EXHIBIT A- Slopc Easement Tract 7
PARCEL 39-5E-7
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 0.73 acre tract of tand situated in the William Roark Survey, Abstract No. 1087,
and the James Edmonson Survey, Abstract No. 400, Denton County, Texas and being a
portion of that certain parcal conveyed to Richard A. Gray, Jr., as recorded ir� Instrumeni
No. 200$-128436, Deed Records, Denton County, Texas, and being more parkicularly
described as fallows:
COMMENCING at a found 5/8 inch iron rod wsth cap, said poit�t bei�g the in the south
line of said Richard A. Gray Jr, tract and the northwest corner af Lot 7, Block A,
Meadows at Hickory Creek, Phase One as conveyed to Linda 3. and John M. Alexander,
Instrument No. 2010-63691, Deed Recorcis, Denton County, Texas, and being in the
existing east right-of-way line of Bonnie Brae Street (having a variable width R.O.W.);
THENCE North $8°04'29" Eas�, �eaving said existing east right-of-way line az�.d along
said sonth line, a distance of 48.50 feet to a paint, said point being in the praposed east
right-af-way line of Bonnie Brae Street (having a variable width R.�.W,);
THENCE Nortlx O1°19'09" West, leaving said south Iine and following along said
proposed east right-of-way line of Bonnie Brae Street, a distance af 135.46 feet to a
point, being the beginning of a non-tangent eurve �o the right havin� a radius of 752.50
feet, a centra� angle of �9°20'16", and a Iong chard which bears North 44°51'�3" East,
856.09 feet;
THENCE along said propossd east right-of-way line and said non-tangsnt curve to the
right, an arc distance of 910.66 feet to a point;
THENCE North 79°31'51" East, continuing alang east right-of-way line, a distance of
228.46 feet to a point for comer being the beginning of a tangent curve to the left having
a radius of 847.50 feet, a central angle of 20°39'11", and a long chord vvhich bears North
69°17'15" East, 301.42 feet;
THENCE along said proposed east right�of-way line and said tangent curve to the lef�, an
arc distance of 303.03 feet to a point;
THENCE North 30°57'20" West, ieaving said proposed east right-of-way line, a distance
of 95.00 feet to a point for corner, being tha PDINT OF BEGINNING, said point being in
the proposed west right-of-way line of said Bonnie Brae Street;
THENCE North 20°12'07" West, leaving said proposed west right-of-way line, a distance
of 50.9b feet to a point for corner, for the beginning of a non-tangent curve to the left
having a radius of 702.50 feet and a central a�n�le oi45°19'SO" and a long chord which
bea�rs North 35°36'�3" East, 541.41 feet;
EXHIBIT A- S�ope Easement Tract 7
page 5 of 5
THENCE along said non-tangent curve to the I�ft an arc distance of 555.79 feet to a point
for corner;
THENCE North 24°OS'45" East, a distance of b2.9I feet to a poin� for corner, said point
being in t�.e north line of said Gray ]r, tract and being in the south line of a tract of land
canveyed to Marvin Henderson Estate Trust, as recorded in Instrument No. 96-
ROOS5$00, Deeds Records, Denton County, Texas, being a common line;
THENCE South 73°54'10" East, along said comman line, a c�istance of 37.83 feet to a
paint for corner, said point being in the prapoaed west right-of way lin� of said Bonnie
Brae Street;
THENCE South 12°56'18" West, leaving said commnn line, and along said proposed
west right-of-way line, a distgnce of 59.b2 feet ta a point for cnrner, for #he beginning of
a tatigent curve to the right having a radius of 752.50 feet, a central angle vf 46°06'21 ",
and a long chord which bears South 35°59'29" West, 589.33 feet;
THENCE continuing along said proposed west right-of-way line, and along safd tangent
curve to the rigkt, an arc distance of 605.54 feet to the POINT OF BEGINNTNG and
CONTAINiNG 31,702 square feet, 0.73 acres of Iand, more or less.
��i�:r_�,�
p,3�IS`7�1L
PAGE ! aF 5
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3500 RIE9LING OR
LOT 27, 6[.00I( 2 � �r
PETER 2Fi11 6
OIN� NFN6
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L6T 28, BLOCK 2
STEVEN dAVIO &
LAUREN RAIMEY
A505 MERLOT Op
LOT 29, BLOCK 2
BAUCE 8 KAYBiAL
STENAq7
�� 4509 NEpLOi OR
A� L0T 24, BLOCK 2
� LEE C LATA5HA
CARTER
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4533 MERLOT bH
I CHRIST3�PHEA SI! 9
,S V NERLOi DR
LOT 22, BLOCK 2
oouc��s r�ncue
A52] NERLOi OR
L�i 21, BLOCK Z
JAME6 BAlLAflO
asoi �a�or oA
LOr 20, 9LacK E
JEREF4Y 6 IAURA
x��s
�eas ��u.or oA
LOT 19, BLOCK 2
UA�E 011ANTA9
POINT OF
EXHIBIT A- Slope Easement Tract 8
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NOTE;
APFROX. 0.26 AC LIES WITHIN FLQODPLAIN
BASIS OF B�AFiING IS NO�1TH AMERICAN pA7UM
UF l983 (NA�-B3} $TATE PLANE COQRqINATE
5Y57EM, TEXAS NORTH CENTRA�.
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~ PRTVATS DRIYE � � � � �
� � � � `� RICHARD A. GAAY, JR
� � � ` OOC. N0. 2008-128436
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E+�N S7
6CK A LOT 8. L6i 9, LOi 10,
I, ALE%pNDEB BLOCK A 6LOLK A BI.tlCK A
T 6369!
A POflTION OF THIS EASEMENT LI�S WITHIN A FEOERAL
EMERGENCY MANAGEMENT AGENCY �ESIGNATEO FL000 PLATN
OR FL000 PRONE AREA AS �ESIGNATE� ON THE FLOOD
IPlSUAANCE RATE MAP FOR I]ENTDN COUNTY COMMUNITY
PANEL 481�SC037Q G,E�FECiIVE OATE APRIL 16,2pif.
PARCEL 39-5E-8
BEING A
� 25,433 SQ.FT./D.5B ACRE
SLOPE EASEMENT
GRAPHIC SCALE �--�ao� SITUATED IN THE
0 50 100 ,5Q WILLIAM ROARK SURVEY, AHSTRACT N0. iQ87,
Graham Associates Inc. �AMES EDMQNSON SURVEY, ABSTRACT N0. 400,
CONSUL7ING ENGINEERS # PLI�NNERS DENTON COUNTY� TEXAS
eao mx ruas oro�r. suih eao
�MQ�� �� ��� � ��6� ❑ATE: �ECEMBEp 2011
�arc �nM� r-uai/raa�s � �maaa-aa
J/pBntun/P39-SE-8
PAGE 2 OF 5
EXHIBIT A- Slope Easement Tract 8
RICNARO A. GRAY. JA
OOC. NQ. 20b8-l28436
D.R.O.C.T.
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/� DOC. OOR.�OG8Tf28436 �����r>,����r`
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�� APPROX. 0.26 AC LIES WITHIN FLOQOPLAIiV
9ASI5 OF BEARING IS NDRTH AMERICAN DATUM
OF 7983 f�lA�-831 STATE pLA1�E COORdINATE
SYSTEM, TEXAS NQRTFi CENTRAL.
h
GFiAPHIC SCALE i'�100'
0 50 104 150
Graham Associates,lnc.
CONSiILTINfl EkGINEERS � Pl.ANNERS
eoo yx fuwa oieiva. aunc 6oa
�nsrro�. �us �ems a� ero-eas6
7BPE flltlli /-flGl/�PLQ i 1456�lE-00
A POATION UF THIS EASEMENT LiES WITHIiJ A FE�ERAL
EMERGENCY MANAGEMENT AGENCY �E5IGNATEU FL00� PLAIN
OR FLQflD PRONE AREA AS DE5IGNATE� ON THE FL00�
It�SURANCE RATE MAP FOR �ENTON COUNTY COhSMUNITY
PANEL A812fC0370 G,EFFECTIVE OATE APRIL i8,2�11.
PARCEL 39--5E--8
BEING A
25,433 SQ.FT./0.58 ACRE
SLOPE EASEMENT
SITUATED IN THE
WILLIAM R4ARK SURVEY, ABSTRACT N0. 1087,
dAMES EDMONSON SURVEY, ABSTRACT N0. 40U,
DENT�N COUNTY, TEXAS
DAT�: bECEMBEi� 2014
J/Oentan/P39-SE-8
PAGE 3 OF 5
EXHIBIT A- Slope Easement Tract 8
FiARYIN HENOEHSON ESiFTE 7R1157 /
OOC. N0. 96-R0055800
D.R.O.C.7.
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ooc. Na. 2ooa-i2eass �° 47r i9 ' 24 "�
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T=971.35'�
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n
GRAP}!IG SCALE i'�l00•
0 BO 100 150
Graham Associates,fnc.
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ld9.76'
A= 29'16'49"
R=870.00'
T=�27.27'
L=A4A.60'
C�=545'22' 10"W
Lc=439.78'
RICF[ARQ A. 6RAY. JR
OOC. Np. 2008-12843fi
q.R.�.C.T.
\
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BASIS OF' BEARING IS NORTH AMERICAN �ATUM
OF 1983 (NAO-931 5TATE PLANE CQORDINATE
SYSTEM, TEXAS NOR7ii CENTRAL.
NOTE:
APPADX. 0.26 AC LIES WITHIiV F�OQDPLAIN
A PORTION OF THIS EASEMENT LIES WIT�iIN A FE�ERAL
EMERGENCY MAiJAGEMENT A6�NCY DESIGNATE� F�OOD PLAIN
OR FL000 PRQ�JE AREA AS qESIGNATEO QN 7�IE FLOOU
IN5URANCE AATE MAP FOR DENTON CQUNTY COMMUNITY
PANEL 4812]C0370 G,EFFECTIV� fIATE APRIL 18,2011,
PARCEL 39--5E-�8
BEING A
25,433 SQ.FT./Q.5B ACRE
SLOPE EASEMENT
SITUATED IN THE
�YILLIAM R[7ARK SURVEY� ABSTRACT N0. 1087,
JAMES EDMONSDN SURVEY, ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
�ATE: DECEMBER 26]i
J/OentOn/P39-SE-B
Page 4 of 5
EXHIBIT A- Slope Easernent Tract S
PARCEL 39-5E-8
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a 0.58 acre fract of land situated in the William Roark Survey, Abstract No. 1087,
at�d the James Edmonson Suzvey, A�stract No. 404, Denian Cot�niy, Texas and being a
portion of that certain parcel conveyed to Richard A. Gray, 7r,, as recorded in Tnstr�ment
No. 240$-12$436, Deed Records, Dentan County, Texas, and being rnore particularly
described as follows:
COMMENCING at a faund 5/8 inch iron rod with cap, said point bcing in the south line
of said Richard A, Gray Jr. tract azid the northwest comer of Lat 7, B1ock A, Meadows at
Hickory Creek, Phase One as conveyed to Linda J. and Jahn M. Alexander, Instrument
No. 2Q1Q-G3691, Deed Records, Denton County, Texas, ar�d being in �he existing east
right-of-way line of Bonnie Brae Street {ha�+ing a variable wic�th R.O.W.);
THENCE North 88°04'29" Easi, leaving said existing east right-of-way line and aZong
said south line, a distance of 48.50 feet to a�oint, said point being in the proposed east
right-af-way lin$ of Banr�ie Brae Stxeet (having a variabte width R.O.W.);
THENCE North Dl°19'09" West, leaving said south line and foltawing alang said
praposed east right-of-way line of Bonnie Brae Street, a distance of 135.4d feet to a
point, being the beginning of a non-tangent curve to the right having a radius of 752.50
feet, a central angle of 69°20'lb", and a lor�g chord which bears North 4�#°51'43" East,
856.09 feet;
THENCE continuing along said proposed east right-of-way line and along said non-
tangent curve to the right, an arc distance of 910.b6 feet ta a point for corner,
THENCE North 79°31'S1" East, continuing along said proposed east right-of-way line, a
distance of 22$.46 feet to a point for corner, being the beginning of a tangcnt curve ta the
left having a radius o£ 847.50 feet, a central angle af 19°16'Q8", and a long chord which
bears North 69°53'46" East, 283.68 feet;
THENCE cantinuing along said proposed east right-of-way line and along said tangent
curve to the l�ft, an arc distance of 2$5.02 feet to a paint for corner, being the POINT OF
BEGINNING, also being the beginning of a compound curve to the left having a radius
af 847.50 feet, a central angte of �47°19'24", and a long chord which bears North
36°3fi'00" East, 680.26 feet;
THENCE continuing along said proposed east right-of-way Iins, and a�ong said
compound curve to the left, an arc distance oi699.99 feet to a point for corner;
EXHIBIT A- Slope Easement Tract 8
Page 5 af 5
THENCE North 12°56'18" East, continuing a�ong said proposed easi right-of-way line, a
distance of 54.38 feet to a point fox comer, said point being in the north line of said Crray
Jr. iract and being in the south line of a tract of 1and cflnveyed to Marvin Henderson
Estate Trust, as recozded in Instrument No. 96-R0055800, Deeds Records, Denton
County, Texas, being a comman line;
THENCE South 73°54'10" East, leaving said proposed east right-of-way line, and along
said common line, a distance of fi7.60 feet to a goint for corn�r;
THENCE South 13°50'37" West, leaving said common line, a distance of 106.00 feet ta a
poin# for cornar;
THENCE South 33°40'17" West, a distance of 58.66 feet to a p4int for corner;
THENCE South 41 °32'49" West, a distance of 59.10 %et to a point for corner;
THENCE Sauth 32°21'S6" West, a distance of 109.'16 feet to a point for corner, for the
beginning of a non-tangent curve ta the rig�t having a xadius of 870.00 feet and a ceniral
angle of 29°lb'�49" and a long chord which bears South 45°22'10" West, 439.78 feet;
THENCE along said non-tangent curve to the right an arc distance of 444.60 feet to a
point for corn�r;
THENCE North 20°12'07" West, a distance of 6. i4 feet to a point for corner;
THENCE South 69°47'S3" West, a distance of 7.50 feet to a point for corner
THENCE Narth 20°12'47" West, a distance of 15.41 feet ta the POINT O� BEGINNING
and C4NTAINING 25,433 square feet, Q.58 acres of land, more or less.
� .. , � --
� s:llegallour documentslcontracts1121gray lce.doc
ATTACHMENT 4
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YDU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFQRE IT IS
FILED F�R RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE �F TEXAS,
.
CQUNTY QF DENTON
KN�W ALL MEN BY THESE PRESENTS:
THAT Richard A. Gray, Jr. {"Grantor"), in consideration of the sum of Ten and No1100 Dollars
{$10.00) and other good and valuable consideration in hand gaid by the City of Denton, Texas,
receipt and suf#"iciency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD
and CONVEYED and does by these presents GRANT, BARGATN, SELL and CONVEY unto the
City of Denton, Texas ("Grantee") a temporazy constr�ction, grading and access easement in,
along, upon, under, over and across the fallowing described property {the "Froperty"), owned by
Grantor, and situated in Denton County, Texas, located in the William Roark Survey, Abstract No.
1087, 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 ather obstr��ctians
as may now be found upon said Property, for the purpose of construction activities, grading
activities and access in, along, upon, under, aver and across said Property. �t 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, workmen, and representatives shall have
the right of ingress, egress and regress in, along, upon, under, over and across said Pxaperty for the
i
�
purpose of access, construction and grading activities or any part thereof.
The term af this Temporary Construction, Grading and Access Agreement shall commence on the
date of the "Contractor Notice to Proceed" related to the portion of th� 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, uniess the parties mutually agree in writing to an extension of such term.
TO HAVE AND TQ HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness my hand, this the
Graz�tor:
:
Richard A. Gray, Jr.
THE STATE OF TEXAS
C�UNTY 4F DENT4N
day af
�
�
2012.
Date: , 2012.
ACKNOWLEDGMENT
This instrument was acknowledged before me on , 2012, by Richard
A. Gray, Jr.
Notaxy Public, in and for the State of Texas
My Commission Expires:
Accepted this day of , 2012, for the City of Denton,
Texas (Orc�inance No. 2012-�.
2
:
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamsan
EXHIBIT "A" - to Temporary Construction, Grading and Access Easement
pAGE 1 OF 2
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3500 RIESLIN6 �A �`
LDT 27, BLOCK 2 ���+o
PETER ZHU 6
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4501 NERLOT OR
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LOT 23. BLOGK �
6RUCE 6 NRYSTAL
SiEWAAT
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� LOT 24, BLOCK 2
p� LEE G LAFASHA
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�LOT 23, BLOCIf 2
GHHTSTDPHEH SIH5
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LQT 22, BLOCK 2
90UGLA9 7@AGUE
4521 MERLOT OR
4�T 2�. BL�CK 2
JAMES BALLAAO
�601 HERLOT OR
LOT 20. BLOCK 2
J£N� �CLS AU�tA
4608 1lERLOT OR
LOT 19, 8L6CN 2
OALE OUAN7A5
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DOC. N0. 2008-128436 � �
�� D.R.D.C.T. s
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y �= 4� 12 �"" FLOODPLAIN / �
R=752.5d' � � � /�f
T=27,64' � /
L=55.26' ��.�.��f'T ��.
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R=752. 50' � `� �
T=35.35' � � �
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Cb=Ni2'52'57"E �
LC=70.62'
�n ���� ���
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�� / RICHARO A. GRAY, JR
NB8 '04' 29"E
4B.50'
LOT 8. L6T 9. LOT !0, -
6L6CK A 6LOp( A BLOCK A
BASIS OF BEARING IS NORTH AMERICAN OATUM
OF f9B3 (NAp-83) STATE PLANE COOR�IiVATE
SY5TEM, TEXAS NORTH CEN71�AL. PARCEL 39—TCE--1
n
Gfi�PF{IC 9C4LE !'�f00'
0 50 SDO 150
� Grahdm Assacit�tes Inc.
CONStlLTINC ENGiNEER4 3 FL�?INERS
aao ax n�as wnvc. aw� eao
Ainx�cinr4 7atA+� 7aott et a�o-es3e
19PE F3RW F^11F1/IBPGS 101�OQ
BEING A
2,6s2 SQ.FT./O.U6 ACRE
TEMPORARY CONSTRUCTION EASEMENT
SITUATED IN THE
WILLIAM ROARK SURVEY,
ABSTRACT N0, 1U87,
DENT�N C4UNTY, TEXAS
pAT�: DECEMBER 2011
J/Denton/P39-TCE-f
EXHIBIT "A" - to Temporary Construction, Grading and Access Easement
PAGE20F2
PARCEL 39-TCE-1
LEGAI., DESCRiPTION
TEMPORARY C�NSTRUCTION EASEMENT
Being a 0.06 acre tract of land situated in the William� Roark Survey, Abstrack No. 1087, Denton
County, Texas ar�d being a portian of tltat certain pazcel conveyed to Richard A. Gray, Jr., as
recoxded in Instruxnent No. 2008-128436, Deed Records, Denton County, Texas, and being �nore
particularly described as follows:
COMMENCING aE a found 5/8 inch iron rod with cap, said point b�ing Ehe izt the soukh line o£
said Richard A. Gray Jr. tract and being t�e northwest corner of Lot 7, Block A, Meadaws at
Hickory Creek, Phase One as con�eyed by deed to Linda J. and John M. Alexander, as recorded
in Instrament No. 201�-63591, Deed Recards, Denton County, Texas, also being in tbe existing
east right-of-way line of Bonnie Brae Street (a variat�le widkh R.O.W.);
THENCE North 88°04'29" East, leaving said exisEing east right-of-way line and foliowing along
said south line of Gray traot, and the narth line of said Alexand�r tract, far a distance of 48.50 feet
to a point, being in the proposed east right-of-way line of said Bonnie Brae Street (a variable
width R.O.W.);
THENCE North O1°19'09" West, leaving said sauth line and foIIowing aZong said proposed east
right-of-way Iine of Bonnie Brae Strcet, a distance of Z35.46 feet to a point, being the beginnuig
af a non-tangezit curve to the right havzng a radius of 752.50 feet, a centrat angle of 5°22'44" and
a lnng chord which bears North 12°52'S7" East, 70.b2 feet;
THENCE nartheasterly, along said praposed east �ight-o£ way lin� and said non-taxigent curve to
the right, an arc distance of 70.65 feet to a point for comer, being the POINT OF BEGINNING,
and being the beginning of a campound curve to the right having a radius of 752.50 feet, a central
angle of 4°12'26" and a long chord whioh bears North 17°40'32" East, 55.24 feet;
THENCE northeasterly, along said proposed east right-of-way line and said non-tangent curve to
the rig�t, an arc distance of 55.26 £eet to a paint for corner;
T�NCE South 86°A�6'46" East, leaving said proposed east right-of-way ?ine, for a distance af
42.51 feet to a point for comer;
THENCE South 03°13'14" West, for a distance of 53.49 fset to a point for cnrner;
THENCE North 86°4b'46" West, for a distance of 56.30 feet to the POINT OF BEGINNING and
COIVTAINING 2,6b2 square feet or 0.06 acres of lancl, more or less.
a3—t S-��z
AGENDA INFORMATION SHEET
AGENDA DATE: October 16, 2012
DEPARTMENT: Parks and Recreation
ACM: John Cabrales f �
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or
his designee to execute a Contract of Sale (herein so called), as attached hereto and made a part
hereof as Exhibit "A", by and between the City of Denton, (the "City"), and Rayzor Investments
Ltd., ( as "Seller") contemplating the sale by Seller and purchase by City of a called 26.6002
acre tract of land more or less, for the purchase price of One Million Dollars and No/100
($1,000,000.00), said Real Property being generally located in the 3800 blocic of Elm Street south
of Riney Road, and north of North Lalces Parlc, and located in the N.H. Meisenheimer Survey,
Abstract Number 810, Denton County, Texas; authorizing the City Manager, or his designee, to
execute and deliver any and all other documents necessary to accomplish closing of the
transactions contemplated by the Contract of Sale; authorizing the expenditure of funds therefor;
and providing an effective date.
BACKGROUND
For the past several years, staff has been actively evaluating potential locations for adult
recreation soccer fields. A small parcel of Parlc Property was purchased on the east side of North
Lakes Park and a consultant was hired to design athletic fields using this space in addition to
existing North Lalces property. When the preliminary designs were shared with the public, there
was a strong negative reaction to the loss of natural habitat in the interior area of the parlc.
Several attempts were made to change the designs and reduce the impact of the fields, but a
satisfactory result could not be achieved.
Staff engaged in conversations with representatives of the Rayzor fanlily regarding the purchase
of additional land around North Lalces Parlc and this tract was identified as meeting the
department's needs and being within the budget. The configuration of the subject 26.6002 acre
purchase tract is situated to allow for expansion of the northern limits of North Lalces Parlc, and
will accommodate these needs, as well as other improvements, to provide a new athletic
complex.
Phase I of this project will consist of four lighted and irrigated athletic fields. The fields will be
large enough to accommodate soccer, football, nigby or lacrosse. The first phase will also
include the entrance road, parlcing area and a temporary restroom building. Future phases will
include a permanent restroom/concession building, a pavilion, and a playground.
Staff has been successful in the negotiation of a Contract of Sale with the Seller with equitable
terms, and recommends approval of the transaction.
Agenda Information Sheet
October 16, 2012
Page 2
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for funire consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council Executive Session January 10, 2012
FISCAL INFORMATION
Funding for this purchase will consist of:
$500,000 CIP — Soccer fields
$250,000 Parlcs Gas Well — Soccer fields
$250,000 CIP — Tree Bank and Open Space
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
Respectfully submitted,
��������
Emerson Vorel
Director
Parks and Recreation
Prepared by,
<, 1..
r �,��,,, �� � v, � ,�,� � ,� .
��,� a � �, dt , r��. �
Pamela England
Real Estate Specialist
'COIEN4N RPLS 9001'
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ond wife, DOROTHY IAARINO d.
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lo RNYZOR INVESTIAENTS LTD. s � AREA
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(SEC110N 3, TRqCT FIREEN) � (1,156,703 Sq.Ft.)
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surveyor's signature xithout that impressed seol should 6e consideretl
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L A K E S
Sketch showing
a tract of land in the
N. H. MEISENHAMER SURVEY,
Abstract No. 810,
in the City of Denton,
Denton County, Texas
(See occompony�n9 tlescnpGon).
P A R K
IAEIS779R
For retiew purposes oaty.
GBRRY CURT13 ASSOCIATBS, INC., SURVBYDRS
� GERRY CURTIS ASSOCIATES, INC.
� Surveyors
P.O. Boz 471787 817/334-0381
Fort Worth, Tezas 76147-2668
99-�2-�3��9 PLOTfED NOVEIABER 23, 2011
s:\legal\our documents\ordinances\12�rayzor investments contract of sale ord.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT OF SALE (HEREIN SO
CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A", BY
AND BETWEEN THE CITY OF DENTON (THE "CITY"), AND RAYZOR INVESTMENTS,
LTD. (THE "SELLER"), CONTEMPLATING THE SALE BY SELLER AND PURCHASE BY
CITY OF A 26.6002 ACRE TRACT OF LAND, MORE OR LESS, FOR THE PURCHASE
PRICE OF ONE MILLION AND NO/100 DOLLARS ($1,000,000.00), SAID REAL
PROPERTY BEING GENERALLY LOCATED IN THE 3800 BLOCK OF ELM STREET
SOUTH OF RINEY ROAD, AND NORTH OF NORTH LAKES PARK AND LOCATED IN
THE N. H. MEISENHEIMER SURVEY, ABSTRACT NUMBER 810, DENTON COUNTY,
TEXAS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AND
DELIVER ANY AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH
CLOSING OF THE TRANSACTIONS CONTEMPLATED BY THE CONTRACT OF SALE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
Contract of Sale, by and between the City of Denton, as buyer and Rayzor Investments, Ltd., as
seller, substantially in the form attached hereto and made a part hereof as Exhibit "A", with a
purchase price of $1,000,000.00, plus certain costs as prescribed in the Contract of Sale; and (ii)
any and all other documents necessary for closing the transaction contemplated by the Contract
of Sale, as more particularly described therein.
SECTION 2. The City Manager is hereby authorized to malce expenditures as set forth
in the Contract of Sale.
SECTION 3. 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
I:•
s:\legal\our documents\contracts\12�rayzor offer to purchase contract of sale draft (dmm 10-10-12).doc
CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF DENTON §
This Contract of Sale (the "Contract") is made this day of
, 2012, effective as of the date of execution hereof by Buyer , as
defined herein (the' `Bffective Date"), by and between Rayzor Investments, Ltd, a Texas
limited partnership (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 appurtenances 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.
The Seller has previously sold and conveyed to RIL Mineral Holdings, L.P,
("RILMH") all of Seller's right, title and interest in all minerals of every kind, including
oil, crude oil, natural gas, casing-head gas, other gas, other gaseous or liquid hydrocarbon
minerals or substances, condensate, coal, ores, sulpher and other minerals of every lcind
and nature in and under and/or that may be produced from the Property pursuant to that
certain Mineral Deed recorded as Document No. 2011-67797 of the Official Records of
Denton County, Texas ("Prior Mineral Conveyance") (and upon receipt of the Survey
discussed below and the final legal description of the Property prepared in connection
therewith, Seller shall be permitted to execute and record a confirmatory Mineral Deed in
form similar to and in furtherance of said existing Mineral Deed to RILMH but with the
final legal description of the Property attached thereto ("Confirmatory Mineral Deed")).
Nonetheless, to the extent Seller continues to hold as of Closing any such minerals in and
under and/or that may be produced from the Property, Seller, subject to the limitation of
such reservation made herein, shall reserve, for itself, its successors and assigns all oil,
gas and other minerals in, on and under and that may be produced from the Property
Page 1
("Mineral Reservation"). Seller, its 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 tanic 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, With respect to the Prior Mineral Conveyance, Seller also agrees to
cause RILMH to deliver a Surface Waiver Agreement (as hereinafter defined) at Closing
waiving RILMH's rights to use the surface of the Property in the form attached hereto as
Exhibit "B".
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.
ARTICLE II
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the
sum of One Million Dollars and no/100 Dollars ($1,000,000.00) (the "Purchase Price").
2.02 Earnest Money. Buyer shall deposit the sum of Twenty Five Thousand and
No/100 Dollars ($25,000.00), as Earnest Money (herein so called) with Republic Title of
Fort Worth, 550 Bailey Avenue, Suite 100, Fort Worth, TX 76107, Main No. 817-877-
1481, Fax No. (972) 516-2557420 (with Joanna Cloud acting as escrow officer) (the
"Title Company"), as escrow agent, within seven (7) days of the Effective Date hereof.
All interest earned thereon shail 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 Thousand and No/100 Dollars ($1,OOO,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
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
Contract of Sale
Page 2
provision of this Contract.
ARTICLE III
TITLE AND SURVEY
3.01 Title Commitment.
(a) Within twenty (20) calendar days after the Effective Date, Seller, at Seller's sole
cost and expense, shall cause to be furnished to Buyer a current Commitment for
Title Insurance (the "Title Commitment") for the Property, issued by Title
Company on Form T-7 as promulgated by the Texas Department of Insurance in
accordance with the Texas Title Insurance Act and shall set forth the state of title
to the Property in accordance with the Texas Title Insurance Act. Any liens,
mortgages, 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 listed in the Title Commitment are
referred to herein as an "Exception",
(b) Along with the Title Commitment, Seller shall also cause to be delivered to
Buyer, at Seller's sole cost and expense, true and correct copies of all instruments
that create or evidence Exceptions (the "Exception 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 Seller's expense, a current on the ground survey of the Property
(the "Survey"). The contents of the Survey shall be prepared by Gerry Curtis and
Associates or another registered public surveyor or engineer selected by Seller and
reasonably acceptable to Purchaser and shall include a depiction of the location of all
roads, streets, easements and rights of way which are either visible on the ground or
identified in the Title Commitment, visible water courses, 100 year flood plain (by scaled
map location and graphic plotting only), fences and improvements and structures of any
kind and other matters provided in items 1-4, 6, 7a, 8, 10 and 11 of Table A of the ALTA
Minimum Standard Detail Requirements. The Survey shall describe the size of the
Property, in acres, and contain a metes and bounds description thereof. The Survey shall
be sufiicient to permit the Title Company 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 Property in the deed to convey the Property
to Buyer and shall be the description set forth in the Title Policy.
3.02.A. Contract Amendment. This Contract shall be amended, without action by
Buyer or Seller, to replace the description of the Property set forth in Exhibit "A", with
the description of the Property as described and depicted by the Survey, upon the
Contract of Sale
Page 3
Survey's preparation as prescribed herein.
3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall
have a period of fifteen (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
the Title Commitment which are applicable to Seller, and all other items set forth in the
Title Commitment which are shown as being required by the Title Company 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
have no obligation to cure any Objections whatsoever, except for any Post-Contract
Exceptions (as hereinafter defined). The Seller shall have twenty (20) calendar days after
Seller is provided notice of Objections ("Cure Period") to satisfy any of the Objections if
Seller desires to satisfy said Objections, If Seller does not cure all Objections during the
Cure Period, then Seller shall be deemed to have sent notice to Buyer on the date of
expiration of the Cure Period that Seller will not cure any Objections which have not
actually been cured as of the expiration of the Cure Period. Notwithstanding the
foregoing, Seller shall, in any event, be obligated to cure by the Closing Date those
Objections for any encumbrances that have been voluntarily placed on or against the
Property by Seller after the Effective Date ("Post-Contract Exceptions"). The term
"Permitted Exceptions" as used herein shall mean (i) the Roll-Bacic Taxes (as hereinafter
defined), (ii) the Prior Mineral Conveyance and the Mineral Reservation, (iii) easements,
restrictions, claims, rights of way, encroachments or other encumbrances or other matters
whatsoever affecting the Property as shown in the Title Commitment or Survey, but
excluding those matters that are Post-Contract Exceptions and excluding any matters
which were subject to Objections and which Seller actually cures prior to the expiration
of the Cure Period (all of such matters described in this clause (iii) being referred to as
the "Listed Exceptions"), (iv) all municipal or other governmental zoning laws,
regulations and ordinances, if any, affecting the herein-described Property and (v) any
other matters affecting the Property which are of public record or would be disclosed by a
physical inspection of the Property and/or an accurate survey of the Property. The Listed
Exceptions shall be specifically listed and attached to the Deed as Exhibit "B" thereto.
Nothing contained herein shall be construed to limit the rights of Buyer set forth in
Section 4.01, below. Other than Seller's obligation to cure all Objections to Post-
Contract Exceptions, if Seller does not actually cure all Objections, whether or not the
subj ect of such Obj ection is defined herein as a"Permitted Exception", on or before the
expiration of the Cure Period, then Buyer shall have the option to chose one of the
following as its sole and exclusive remedy:
(a) waive the unsatisfied Objections by, and only by, notice of such waiver in writing
to Seller ("Waiver Notice") prior to the earlier of date which is twenty (20)
calendar days after the expiration of the Cure Period or the Closing Date ("Waiver
Period"), in which event the exceptions for which the Objections were made shall
Contract of Sale
Page 4
become Permitted Exceptions, or
(b) terminating this Contract by notice in writing to Seller ("Termination Notice")
prior to the expiration of the Waiver Period, whereupon the Earnest Money shall
be returned to Buyer and Seller and Buyer shail have no further obligations, one
to the other, with respect to the subject matter of this Contract, other than the
Surviving Obligations (as hereinafter defined).
In the event Buyer does not send the Waiver Notice on or before the expiration of the
Waiver Period, Buyer shall be deemed to have elected option (b) above and shall be
deemed to have timely sent the Termination Notice even though no actual notice of
election has been sent.
3.05 Title Policy. At Closing, Seller, at Seller'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 Propei�ty,
subject only to the Permitted Exceptions. The Title Policy may contain only the
Permitted Exceptions which shall not include Permitted Exceptions for which objections
have been made unless waived by Buyer pursuant to Section 3.04, above 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
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", except for
tenants, as tenants only, in possession of the Property under Leases, and subject to all
Permitted Exceptions;
(d) no liens created by Seller 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, but
Seller has no obligation to cure any Objections.
ARTICLE IV
FEASIBILITY REVIEW PERIOD
4.01 Review Period. Any term or provision of this Contract notwithstanding, the
Contract of Sale
Page 5
obligations of Buyer speciiied in this Contract are wholly conditioned on Buyer's having
determined, in Buyer's sole and absolute discretion, that the Property is suitable for
Buyer's purposes, during the period commencing with the Effective Date of this Contract
and ending sixty (60) calendar days thereafter (the "Absolute Review Period"), based on
such tests, examinations, studies, investigations and inspections of the Property as
described herein, Buyer shall have the right to enter upon the Property during normal
business hours (and subject to advance notice as required below) for inspections,
surveying, engineering and other reasonable testing and inspection purposes ("Tests");
provided, however, unless Buyer obtains the prior written approval of the Seiler (which
approval may be withheld in Seller's sole and absolute discretion so long as Seller is
acting in good faith), all such inspections shall be limited to non-intrusive inspections and
studies (such as non-intrusive "Phase I Level" type tests with respect to environmental
matters) which do not involve borings or any sampling of any material o�' media,
including soil, surface water, or ground water. The Buyer shall not be permitted to
conduct intrusive "Phase II Level" environmental or other intrusive testing or any borings
or sampling of any material or media, including soil, surface water, or ground water,
unless the Seller, in it's sole discretion acting in good faith, has approved in writing such
testing and sampling, the specific scope of worlc therefore and the consultant or persons
performing such work; provided, however, the Buyer may conduct routine soil borings on
the Property for the purpose of evaluating soil stability and characteristics for typical
construction industry purposes related to it's intended use of the Property ("Routine Soil
Borings") without obtaining the Seller's prior approval. All Routine Soil Borings shall
be conducted in a commercially reasonable manner in accordance with generally
accepted construction industry standards, and upon completion of all such Routine Soil
Borings, the Buyer shall restore the affected portion of the Property to substantially the
same condition as existed prior to such Routine Soil Borings, Any and all activities
conducted by Buyer shall be in accordance with applicable laws. Any entry upon the
Property is referred to herein as an "Entry". All such activities shall be conducted in such
a fashion so as to minimize interference with the use of the portion of the Propei�ty being
inspected. The Buyer shall promptly repair any damage to the affected portion of the
Property as a result of such Tests and restore same to its condition which existed prior to
such Tests. 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 (such obligations, together with repair
obligations under this Section are collectively referred to herein as the "Surviving
Obligations").
4.02. Notice of Entry. Prior to any Entry upon the Property to be inspected for any
purpose permitted herein, the Buyer shall give prior notice to and shall coordinate such
access as follows; Mr. Philip Baker (telephone 940/387-8711, telecopy 940/566-1591,
Contract of Sale
Page 6
The Rayzor Company, 400 West Oak Street, Suite 200, Denton, Texas 76201) who will
act as Seller's agent with respect thereto. Such notice shall be given at least 24 hours
prior to the proposed Entry and shall include the names of the individuals who will be
entering the Property and the name of such individual's firm or company, the purpose of
the inspection and specific activities which will be conducted by such individuals on such
Property, the times during which such Entry shall occur and such other information as
may be reasonably requested by Mr. Baker. The inspecting party shall fully cooperate
with and follow any reasonable additional requirements or instructions given by Mr.
Balcer with respect to such Entry.
4.03. Insurance. Any consultant or contractor of the Buyer desiring to enter the
Property to be inspected for any Tests shall only enter such Property after submitting to
the Seller, certificates of insurance evidencing Commercial General Liability Insurance
coverage in commercially reasonable amounts covering such consultant's or contractor's
operations on the Property to be inspected, with the Seller included as an additional
insured thereunder and stating that such insurance is primary as regards any other
insurance maintained by the Seller.
ARTICLE IV.A.
AS-IS SALE
4.O1.A. AS-IS Sale. Buyer expressly acknowledges that the Property is being sold,
conveyed, granted and accepted AS-IS, WHERE-IS WITH ALL FAULTS, and, except
as expressly set forth in Article V, below, Seller malces no representations or warranties,
express or implied, with respect to the physical condition or any other aspect of the
Property, including without limitation: (i) the structural integrity of improvements on
such properties, if any; (ii) the manner, construction, condition and state of repair or lacic
of repair of any improvements on such properties; (iii) the conformity of any
improvements to any plans or specifications for such properties, including but not limited
to any plans and specifications that may have been or which may be provided to Buyer;
(iv) the conformity of such properties to past, current or future applicable zoning or
building code requirements or such proper�ties' compliance with any other laws; (v) the
iinancial earning capacity or history or expense history of the operation of such
properties; (vi) the existence of soil instability, past soil repairs, soil additions or
conditions of soil iill, such properties' susceptibility to landslides, sufiiciency of
undershoring or sufiiciency of drainage to, from or across such properties; (vii) whether
such properties are located wholly or partially in a flood plain or a flood hazard boundary
or similar area or within any area that may be considered wetlands or jurisdictional
waters of the United States; (viii) the existence or non-existence of underground or above
ground storage tanks, asbestos, hazardous waste or other toxic or Hazardous Materials (as
hereinafter defined) of any kind or any other environmental condition or whether such
properties are in compliance with applicable laws; (ix) such properties' investment
potential or resale at any future date, at a profit or otherwise; (x) any tax consequences of
ownership of such properties, except as provided in Section 7.03, below; or (xi) any other
matter whatsoever affecting the stability, integrity, other condition or status of the
Property (collectively, the "Property Conditions"). EXCEPT AS PROVIDED IN
Contract of Sale
Page 7
ARTICLE V, BELOW, BUYER HEREBY UNCONDITIONALLY AND
IRREVOCABLY WAIVES ANY AND ALL ACTUAL OR POTENTIAL RIGHTS
IT MIGHT HAVE REGARDING ANY FORM OF WARRANTY, EXPRESS OR
IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO
WAY LIMITED TO, ANY WARRANTY OF QUANTITY, QUALITY,
CONDITION, HABITABILITY, MERCHAI�ITABILITY, SUITABILITY OR
FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE PROPERTY,
ANY IMPROVEMENTS THEREON OR THE PROPERTY CONDITIONS, SUCH
WAIVER BEING ABSOLUTE, COMPLETE, TOTAL AND UNLIMITED IN ANY
WAY. The above disclaimer and waiver fully applies to all Rayzor Parties (as
hereinafter defined) that are predecessors in title to Seller, but does not apply to other
predecessors in title who are not Rayzor Parties. As used herein the "Rayzor Parties"
shall mean Seller, Jesse Newton Rayzor and/or Eugenia Porter Rayzor and any
predecessor in title to Seller that was a spouse, descendant or other relative of Jesse
Newton Rayzor and/or Eugenia Porter Rayzor.
4.02.A. Information Disclaimer. Any and all information related to the Property
provided to Buyer by Seller (without implying any obligation to deliver such information,
however) ("Information"), shall be delivered as an accommodation to the Buyer only,
without any representation or warranty as to the completeness or accuracy of the data or
other information contained therein, and all such Information is furnished to the Buyer
solely as a courtesy, and Seller has not verified the accuracy of any statements or other
information therein contained, the method used to compile such Information nor the
qualifications of the persons preparing such Information. The Information is provided on
an AS-IS, WHERE-IS BASIS, AND BUYER EXPRESSLY ACKNOWLEDGES
THAT, IN CONSIDERATION OF THE AGREEMENTS HEREIN, EXCEPT AS
EXPRESSLY PROVIDED IN ARTICLE V, BELOW, SELLER MAKES NO
REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION
OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF
QUANTITY, QUALITY, CONDITION, MERCHANTABILITY, SUITABILITY
OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE INFORMATION.
4.03.A. Waiver of Compliance with Requirements. Buyer expressly acicnowledges
that it is not relying on (and hereby disclaims and renounces) any representations or
warranties made by or on behalf of the Seller of any lcind or nature whatsoever, except as
expressly provided in Article V, below. Buyer acicnowledges that the Property may not
be in compliance with all laws that may apply to such Property or any part thereof and
the continued ownership, maintenance, management and repair of such properties
("Requirements"). Buyer shall be solely responsible for any and all Requirements,
4.04.A. Parties Relying on Own Inspections. Buyer is relying on its own due diligence
investigation of the Property to ascertain its condition. Buyer and Seller represent and
warrant to the other that; they are (i) represented by legal counsel in connection with the
sale contemplated by this Contract; (ii) each, with its counsel, has fully reviewed the
disclaimers and waivers and agreements set forth in this Contract and understands their
significance and effect; (iii) each is knowledgeable and experienced in the purchase,
Contract of Sale
Page 8
operation, ownership, refurbishing and sale of commercial real estate, and is fully able to
evaluate the merits and rislcs of this transaction; and (iv) each is not in a significantly
disparate bargaining position.
4.OS.A. Survival. Notwithstanding anything herein to the contrary, all of the terms and
provisions of Sections 4.O1.A. — 4.04.A. shall survive the Closing.
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
Date and as of the Closing Date, except where specific reference is made to another date,
that:
(a) There are no adverse or other parties in possession of the Property or any part
thereof, and no party 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).
(b) To Seller's lcnowledge, Seller has good and indefeasible fee simple title to the
Property, subject only to the Permitted Exceptions.
(c) The Seller has not received notice of, and has no other lcnowledge or information
of, any pending or threatened judicial or administrative action, or any action
pending or threatened by adjacent landowners or other persons against or
affecting the Property.
(d) Seller has not intentionally failed to disclose to Buyer any facts and circumstances
lcnown by Seller and relating to the physical condition of the Property which
Seller knows or should reasonably lcnow would materially and adversely affect
the Property and operation or intended operation thereof so as to affect Buyer's
decision to acquire the Property.
(e) Subject to the Roll-Bacic Taxes, 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.
(f) Seller has not contracted or entered into any agreement with any real estate
brolcer, agent, finder, or any other party in connection with this transaction or
taken any action which would result in any real estate broker commissions or
finder's fee or other fees payable to any other party with respect to the
transactions contemplated by this Contract.
Contract of Sale
Page 9
(g) To Seller's actual knowledge, without independent investigation, there are no
Hazardous Materials (as hereinafter defined) which are or have been used,
manufactured, placed or stored on the Property. As used above, the term
"Hazardous Materials" means any material or substance which is (i) defined as a
"hazardous waste," "extremely hazardous waste," "restricted hazardous waste,"
"hazardous material," "hazardous substance," or any similar formation under or
pursuant to any state or federal statute or common law rule, (ii) designated as a
"hazardous waste" pursuant to Section 311 of the Clean Water Act, 33 U,S.C.
§1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean
Water Act (33 U.S.C. §1317), (iii) defined as a"hazardous waste" pursuant to
Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et
seq. (42 U.S.C. §6903) or (iv) defined as a"hazardous substance" pursuant to
Section 101 of the Comprehensive Environmental Response Compensation and
Liability Act, 42 U.S.C. §9601 et seq. (42 U.S.C, §9601); provided, however,
"Hazardous Materials" shall not, for purposes of this representation, include
gasoline, diesel fuel or other petroleum products routinely used in connection with
farm and ranch operations, nor shall such term include any pesticides, herbicides,
cattle dipping solutions and other substances which are now or ever have been
customarily used in connection with farm and ranch operations (and such
exclusion from such term shall include items which were historically used in the
farm and ranching industry for such purposes but which may now be banned or
otherwise not so used). Seller hereby informs Buyer that it has not conducted an
independent investigation in connection with the above representation and that
Seller has limited lcnowledge as to such matters and advises Buyer to conduct
independent investigations with respect to such matters as Buyer may deem
necessary or desirable to fully satisfy itself with respect to the environmental
condition of the Property, it being understood that the above representation is
limited in nature and is only to Seller's actual knowledge, and does not give a
complete understanding of the environmental condition of the Property.
(h) The Seller is not a"foreign person" as defined in Section 1445 of the Internal
Revenue Code of 1986, as amended.
5.O1.A Representations and Warranty of Buyer and Seller. Buyer and Seller
represent and warrant to each other that they have the power to execute, deliver and
perform under this Contract, have talcen all actions necessary to authorize the execution,
delivery and performance of this Contract and that the parties executing this Contract and
the conveyance documents exhibited hereto for and on behalf of Buyer and Seller have
been duly authorized by Buyer and Seller to act in such capacity.
5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer
as follows:
(a) Unless stated otherwise, within ten (10) days after the Effective Date, Seller, at
Seller's sole cost and expense, shall deliver to Buyer, with respect to the Property,
Contract of Sale
Page 10
true, correct, and complete copies of the following:
(i) All lease agreements and/or occupancy agreements and/or licenses of any
lcind 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 modiiications, supplements, and
amendments thereto (the "Leases").
(ii) All environmental audits, soil tests and engineering and feasibility reports,
including any and all modifications, supplements and amendments thereto,
with respect to the Property that Seller possesses (although Seller hereby
notifies Purchaser that Seller has,none of the forgoing).
(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
agreement, conveyance or any other agreement of any kind with respect
to, or affecting, the Property 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 of which Seller becomes
aware.
(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 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 Property under any written or oral contracts
arising or entered into by Seller prior to Closing.
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 for a period of six months after the
Closing Date, and shall not, in any circumstance, be merged with the Special Warranty
Deed, as described in Article VII, Section 7.02(a).
Contract of Sale
Page 11
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, at Seller's sole cost and expense
(except as herein expressly provided to the contrary), all of the following shall have
occurred: 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. In
addition Buyer is not obligated to perform under this Contract if Buyer timely exercises
any right to terminate this Contract as may be expressly provided herein,
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
speciiic 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 portion of the Property has been condemned, or is the subject of
condemnation, eminent domain, or other material proceeding, or the Property, or any part
thereof, has been materially or adversely impaired in any manner (other than as a result of
the actions of Buyer).
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 express conditions precedent to the performance of Buyer's obligations under this
Contract have not been satisfied by Seller or waived by the Buyer so as to enable Buyer
to terminate this Contract pursuant to an express right of termination hereunder, the
Buyer may, by giving timely written notice to Seller within the applicable time periods
provided herein, terminate this Contract. On Buyer's termination as aforsaid, 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.
Contract of Sale
Page 12
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 the earlier of (i) five (5) business days after the expiration of the
Absolute Review Period or (ii) December 21, 2012, 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
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) The Surface Waiver Agreement, executed by RILMH and acicnowledged;
(iv) 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 2.01, less the Earnest Money and
interest earned thereon, in the form of a checic or cashier's checic or other
immediately available funds (and subject to adjustments and allocation of
closing costs as provided herein);
(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) General Proration. Ad valorem and similar taxes and assessments
(the "Taxes") relating to the Property for the year in which the Closing occurs
Contract of Sale
Page 13
shall be prorated between Seller and Buyer as of the Closing Date, in accordance
with Section 26.11 of the Texas Tax Code. In this regard the Title Company shall
have each taxing unit certify the Seller's prorated tax liability for the year of
closing which amounts will be paid by Seller out of the proceeds of the sale.
(b) Roll-Back Taxes. The Seller stipulates that, for purposes of assessing
Taxes against the Property for prior years, the applicable central appraisal district
has applied agricultural, open-space or other special use valuation methods
("Special Use Valuation") to arrive at the taxabie value of the Property as
permitted under the Texas Tax Code, and accordingly a change in land usage of
the Property may result in an additional tax (in addition to Taxes for the year in
which the Roll-Bacic Event, as hereinafter defined, occurs) being assessed against
the Property (any such additional taxes, together with interest thereon, being
referred to herein as "Roll-Back Taxes"). To the extent any Roll-Back Taxes
exist, Seller shall not be responsible for same.
7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at
Closing, subject to rights under the Leases and Permitted Exceptions.
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. 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 Selier'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
Contract of Sale
Page 14
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 Seller 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,
8.02 Buyer's Default and Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract on the occurrence of any
one or more of the following events:
(i) Any of Buyer's warranties or representations contained in this Contract
are untrue on the Closing Date; or
(ii) 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 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 of Sale
Page 15
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:
Rayzor Investments, Ltd.
c/o The Rayzor Company
400 W. Oalc, Suite 200
Denton, Texas 76201
Attn: Philip A. Baker, Vice President
Phone: (940) 387-8711
Fax: (940) 566-1591
Email; Philip@Rayzorcompany.com
With Copies to:
David Mellina
Mellina & Larson, P.C.
1128 Fairmount Avenue
Fort Worth, Texas 76104
Phone: (817) 335-1200
Fax: (817) 335-1221
Dmellina@mellinalarson.com
BUYER:
City of Denton
Attn: Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
With Copies to:
Richard Casner, Deputy City Attorney
City Attorney's Ofiice
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
Contract of Sale
Page 16
validity, construction, enforcement and interpretation of this Contract. THIS
CONTRACT IS PERFORMABLE 1N, 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.
9.05 Risk 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 the Buyer that might result in the talcing 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 proceeds paid for the Property related to the
eminent domain proceedings.
Buyer shall have until the earlier of (i) the scheduled Closing Date or (ii) ten (10)
days after receipt of written notification from Seller of the casualty and pending
condemnation in which to malce Buyer's election. In the event the Closing occurs
prior to final settlement, then the Closing shall talce 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 condemnation awards which may be payable to
Seller on account of such event.
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, but in no event shall either party be required to execute any document or take any
action which would change the essential economic terms hereof or expose either party to
any liability or risk or affect any property interests other than as expressly contemplated
herein. 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.
Contract of Sale
Page 17
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 talce any actions that are to be, or may be,
taken by Buyer under this Contract, including without limitation, extending Seller's title
related cure period, as provided in Section 3.04, above, and/or adjusting the Closing Date,
as provided in Section 7.01, above, are hereby delegated by Buyer, pursuant to action by
the City Council of Denton, Texas, to Director of Parks & Recreation of Buyer, or his
designee.
9.10 Contract Execution. This Contract of Sale may be executed in any number of
counterparts, all of which taken 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 day of performance of any act required in this Contract falls
on a Saturday, Sunday or legal holiday, the day for such performance shall be the next
following regular business day.
9.12 Expiration of Offer. The execution of this Contract by Seller in triplicate
counterpart constitutes an offer to sell the Property to Buyer upon the terms and
conditions set forth in this Contract. Unless by 5:00 p.m., on October 19, 2012, this
Contract is accepted by Buyer by its execution of three counterparts hereof with delivery
thereof to the Title Company, the offer of Seller shall be automatically revolced and
terminated. If this Contract is not void by operation of the above clause, the date on
which the Title Company receives counterparts of this Agreement fully executed by
Seller and Purchaser shall be the "Effective Date" of this Agreement. Title Company
shall insert the Effective Date where indicated on the Title Company's acknowledgement
page below and shall then distribute fully executed counterparts to each party.
Date.
IN WITNESS WHEREOF, this Agreement is hereby executed as of the Effective
[The Balance of This Page Has Been Intentionally Left Blank — Signature Pages Follow]
Contract of Sale
Page 18
SELLER SIGNATURE PAGE
SELLER:
RAYZOR INVESTMENTS, LTD, a Texas limited
partnership
By: The Rayzor Company, a Texas corporation,
its general partner
C
Philip A. Baker, Vice President
Executed by Seller on the day of . 2012,
Contract of Sale
Page 19
BUYER SIGNATURE PAGE
BUYER:
CITY OF DENTON, a Texas municipal corporation
:
GEORGE C. CAMPBELL, CITY MANAGER
Executed by Buyer on the day of 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
I:
Contract of Sale
Page 20
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. The Effective Date of the Contract per the terms thereof is
TITLE COMPANY:
REPUBLIC TITLE OF TEXAS, INC.
:
Printed Name:
Title:
Contract receipt date: , 2012
Contract of Sale
Page 21
EXHIBIT A
PAGE1;OF2
��SCRIPTION (�F PROPERTY �URVEYED
SiTUAiEq in the City of �ehton, benfon Cownty,;Texas, being a porfion of the N. H. MEISENHIM�R SURVEY
Abstract No. 810, tand being a porflon of thwt c$rtain parcel described as q residue t�pct called Section
3, Tract Fifteen in deed to Rayzor Investmenfis; Ltd, recorded in Volume 1796, Page 601, Llenton Coun,ty
Deed R�eprds, and said portion of Tract Fiffe�n Ibeing more fully described as one parcei as follows:
BEGINNING at a 5/8" iron rod fouhd in place ;for the southwest cqmer of said Tract Fifteen and the
northwest comer of that eerfain tract conveyed to the City of Denton for a part oP North Lc�kes pa�k by
deed recorded in Volume 697, Page 213, ofl said Deed f2ecords, said point being also the southeast
comer of thqt certain tract convey�d to Samwel J. and Dorothy Marino recorded in Volume 1087, Page
244, of said peed Records, and the norfheqst comer of that certain portion df said North Lakes Park
conveyed to the City of Dehton by instrument recorded in Volume 704, Page 265, of said Deed
R�cqrds;
TWENCE North 1 degree, 48 minutes, 55 secon'd�' East with the common line between said Tract Fitteen
and said Marino tract and partiQlly along a f�n�e line, passing the south line of Riney Road, a daricible
widfh right public road, continuing in aA 921.�Oi,feet to the common north comer of said Tract Fitteen
and said Marino tract in the south lihe of thqt certain trcact conveyed to Coti Joint Venture by deed
recorded in Volume 5322, Page 197, of said Deed Records;
7HENCE SoWth 88 degree5, 48 minutes East with' tMe norfh line of said Tract �iffeen and a south ilne of said
Coti tract, in and near the center of the asphalt pavement of said Riney Road, 1229.12 feet to the
horthwest cvm�r of that certain Parcel 14 corlveyed to the State of Texas for U. S. Highwcry 77 Business
Roufe (Sanger Road) by deed recorded in Volut`ne 4263, page 1337, of said Deed Records;
THENCE South 1 degree, 21 minutes, 20 secon'ds West with the most westeriy line of said State of Texas
trdct, passing said south line of Riney Road, in iall 40.0 feet b a 5/8" iron rod found in place for the
Westerly southwest comer of said State of Texds fract;
THENCE South 88 degrees, 38 minut�s, 40 secanCls East with the most westerty south line of sa(d State of
Texas tract, 151.68 feet to a"TXDOT" capped 5/8" iron rod found (n place for an angle point in said
State of Texas tract; � ,
?HENCE South 58 degrees, 02 minutes, 3p secbn'ds East with a southwesterly line of sald State of Texas
tract 390.0 feet to qn "RPLS 16d0" capped 5/$"'iron rod set for the most northerly comer of a tract of
land conveyed to The City of Denton for road�pu�oses (recording information pending);
THENCE across said Rayzor tract with the northwesteriy lines of said City of Denton tract the following
courses ar�d distanc�s:
South 13 degrees, 02 minutes, 30 secontls East, 36.36 feet to dn "RPLS 1640" capped 5/8"
iron rod set for comer,
South 31 degrees, 57 minutes, 30 secoh�is Wes#, 390.30 feet to an "RPLS 1640" capped
6/8" iron rod set for comer at the beglnning of a curve whose center bears North SS
degrees, 02 minutes, 30 seconds West, 20b.0 feet; ahd,
southwesterty wifih said curve, 206.35 feet! to an "RPLS 1640" capped 5/8" iron rod set for
the end of said cur�e in a soufih line of spid Tract Fiffeen and a norfh line of said City of
penton Tract described in Volume 697, Pc�ge 213;
THENCE No�fih 8$ degrees, 55 m(nutes, 40 secbrjds West with said south line of Tract Fifteen and said
north line of City bf Denton trnct described in Volume 697, Page 213, 911.24 feet to a 5/8" iron rod found
in place for an angte point in said common Ilnesi
TH�NCE South 66 degrees, 05 minutes, 05 secohds West (8ase Bearing from said City of Denton deed in
Volume 6g7, Page 213, of said Deed Records), �ontinuir�g with common lines between said Tract Fifteen
and said City of Denton tract described in Vblume 697, Page 213, 499.39 feet to the PLACE OF
BE�INNING, and cqntaining 26.6002 acres (1,158i703 square feet).
•�o� �,�,•
�PP� 1/2' IR Po1 `
�—_�_ _
I
�
to SAAIUEL J. MPRINO, -°�'
and 'fa. DOROTHY MARINO µ
iae�-zsa . .-
Z
j _� _�
...BurieE TeL
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e � �,
m con aaNr ven+luRe
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(vnR�neLE R.o.w.) 'm.Mw n��s ,00r L�
— �Paa ,n• � F�.� � � � � F S c
s asas•�, iz2s.�r .���,pP�
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���5/8' I.R Fn0. '� ..�-Td 4H. i%q� �
S ��Z���LO�1Nr_/-� • ..... �\` CuN 'T/
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..TaL Petl. i �\ : . k'` e'O2- NryQrh O O �
� s s�ss'4o'E _/ �PO�i�..: ``�: �`�F '°o�,� q � �
, s, _ss• °'�F�. 3 J
S �� �: I\' sTq�\ 90�, � �
� R
m runoa invFSna�rs �ro. �. ^ e8F6
118e-eal � � � Z6.6002 Acres
(SECIION .l, 1P.1Cf FlFlIDIJ � (1,158,703 Sq.Ft)
`� a 1
O
��
� �O'
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� �PG
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�,\ s/ ai.n. 6�0`��N�
\�'- :- � 5 l�
NOTE NI originally signed documenLs praduced by the surveying
organizaGon identified hereon wiii contain an impressed xal. My
docum<nt appearing with Mis wmpany's idenEfiwGOn block and
survryars signature rithat that impressed seai shwld be mnsidaed
a copy nat produced u'der the survryors aupervision, and may hnve
6een akered without the wrveyors imowledge and corernG
N o R r H
NORTH
0 100 200 300 400
Grophic Scale in Feet Scale : 7" = 100'
55 40'W. 911.24
ta cm oF oExra+
ss�-zts
�� i `` li� �P ,; ���. � �
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L A K E S
Sketch showing
a tract of land in the
N. H. MEISENHAMER SURVEY,
Abstract No. 810,
in the City of Denton,
Denton County, Texas
(See acrnmpanying descnpGon).
P A R K
For revfew purpoaea oa(y.
C%REY CQRTLS ASSOCLITES, INC., SUSVEYOBS
� � GERRY CUR775 ASSOCIATES, INC,
i Surveyors
P.O. Box 471787 877/334-0381
Fort Worth. Taxas 76147-2668
M�S779R 99-12-03779 PIOTiED NOVFA18Eft 23, 2071
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 WARRANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS
That Rayzor Investments, LTD, a Texas limited partnership (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 sufiiciency of which are hereby acicnowledged and confessed, subject to the
reservations set forth 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, shall reserve, for itself,
its successors and assigns all oil, gas and other minerals in, on and under and that may be
produced from the Property which Grantor may hold, if any. Grantor, its 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
24
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 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; provided, further,
however, that the parties acicnowledge that the minerals held by Grantor, if any, may not
constitute all of the minerals under the Property and there may be third party holders of mineral
rights ("Other Mineral Rights Holders") and/or the minerals may be subject to one or more
existing oil and gas or other mineral leases ("Existing Mineral Leases") in favor of lessees
thereunder ("Mineral Lessees"), and the forgoing waiver as to surface use shall not be construed
to limit any of the existing rights of the Other Mineral Rights Holders or Mineral Lessees under
the Existing Mineral Leases, nor shall Mineral Owner have any duty or obligation to obtain any
waivers or other agreements from any such Other Mineral Rights Holders or Mineral Lessees
with respect to limitations on surface use or otherwise, and in no event shall Mineral Owner have
any liability or responsibility for any surface damage or injury to property or person as a result of
the exploration and/or production of the RILMH Minerals by any Other Mineral Rights Holders
or any Mineral Lessee, and Grantee shall pursue any such claims solely against such Mineral
Lessee or Other Mineral Rights Holder, as applicable.
As used herein, the term "minerals" shall mean all of Seller's right, title and interest in all
minerals of every kind, including oil, crude oil, natural gas, casing-head gas, other gas, other
gaseous or liquid hydrocarbon minerals or substances, condensate, coal, ores, sulpher and other
minerals of every kind and nature in and under and/or that may be produced from the Property.
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 Deed is executed by Grantor and accepted by Grantee subject to the following
(collectively, the "Permitted Exceptions"): (i) the Roll-Bacic Taxes as hereinafter defined, (ii) the
25
prior reservation of all minerals associated with the Land as contained in Special Warranty Deed
recorded under Instrument Nos. in the Deed Records of Tarrant County, Texas (iii)
the encumbrances and matters listed in Exhibit "B" hereto [attach list of all "Listed Exceptions"
as defined in the Agreement] and (iv) all municipal or other governmental zoning laws,
regulations and ordinances, if any, affecting the Property, and (v) any other matters affecting the
Property of public record or which would be disclosed by a physical inspection of the Property or
an accurate survey of the Property. "Roll-Back Taxes" as used herein shall mean any taxes or
assessments assessed against the Property as a result of any change in land usage or ownership
based on the Property having been assessed under any agricultural, open-space or other special
use valuation methods ("Special Use Valuation") to arrive at the taxable value of the Property as
permitted under the Texas Tax Code.
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, subject to the Permitted Exceptions; and Grantor does hereby bind Grantor and
Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Property, subject to the Permitted Exceptions, unto Grantee and Grantee's successors and assigns
against every person whomsoever lawfully claiming or to claim the same or any part thereof
when the claim is by, through, or under Grantor but not otherwise.
EXECUTED the day of , 2012
RAYZOR INVESTMENTS, LTD, a Texas limited partnership
By: The Rayzor Company, a Texas corporation, its general partner
By:
Philip A. Baker, Vice President
�
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acicnowledged before me on , 2012, by Philip
A. Balcer, Vice President of The Rayzor Company, a Texas corporation, general partner of
Rayzor Investments, LTD., a Texas limited partnership, on behalf of said corporation.
GIVEN under my hand and seal of office this day of , 2012.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, TX 76209
Notary Public, State of Texas
Notary's Printed Name
My Commission Expires:
27
EXHIBIT A
PAGE:1I�.0���.,,
�ESCRIPTION OF PROPERiY SURVEYED
SITUAiED in the City of Denton, benfon Counfy,jTexas, being a pprfion of the N. H. MEISENHIM�R SURVEY
, Abstrdct No. 810, t�nd being a porfion of that a�rfain parcel described as p residue trpct called SECtiQn
3, Tract Fifteen in deed to Rqyzor lnvestments; L:td. recorded in Volume 1796, Page 601, Denton Caun,ty
Deed Recprds, and spid porfion of Tracf Fiffeen�being more fvlly described as one parcei as follows:
BEGINNING at a 5/8" ifon rod fouhd in plac.'e ifor the southwest comer of said Tract Fifteen and fhe �
northwest comer ot that eertain tract convey;ed to the City of Dentan for a pqrf oP Norfh Lc�kes PaFft`by
deed recorded in Volume 697, Pdge 213, of; sQid Deed Records, said point being also the southeast
comer of thqt certain tract conveyed to Samwel J. and Dorothy Marino recorded in Volume 1087, P.4ge
244, of said Deed Records, and the norfheqst comer of that certain porfion af said Norfh Lakes Pcirk
conveyed to the City of Dehton by instrument recorded in Volume 704, Page 265, of s4id Deed
RecQrds;
ThIENCE Norfh 1 degree, 48 tninUtes, 55 secon'd� East with the common line between said Tract Fiffeen
and said Mprino tract and partiQlly along a fence line, passing the so�th line of Riney Road, a variable
widfh right public road, continuing in all 921.30!feet to the common north comer of said Tracf F'ifteen
and said Marino trac? in the south line of that cerfain trQCt conveyed to Coti Joint Venture by deed
recorded in Volume 5322, P�ge 197, of said Deed Records;
7HENCE SoWth 88 degreeS, 48 minutes East witFi tHe norfh line of said Tract Fffeen and a south Ilne of said
Coti tract, in ancl near the center of the asphalt pavement of said Riney Road, 1229.12 feet to the
horthwest comer of that cerf6in Parcel 14 cori�eyed to the State of Texas for U. S. Highway 7% Business
Route �Sat�get Road) by deed recorded in Volufne 4263, Page 1337, of sad Deed Records;
7HENCE South 1 degree, 21 mihutes, 20 secon,ds' West with the most westerly line of said State of Texas
trt�ct, passing said south line of Riney Road, in jall 40.0 feet b a 5/8" iron rod found in place for the
yvesterly,southyvest coiner of said State of Texds fract;
THENCE South 88 degrees, 38 minut�s, 40 sECOn�Is East with the most westerly south line of sa(d State of
Texas tr.qct; 151.68 feet to a"TXDOT" capRed 5/8" lron rod found in place for an angie point in said
State of Texas tract; ' �
�;
,
� THENCE South 58 degrees, Q2.,minutes, 3Q. secbnds East�.:wifh a. southv�cester4y: Jine of said State of Texas
� tract 390.0 feet to pn "RPLS 164�" capped 5/$"'iron rod set for the most northeriy comer of a tract of
land conveyed to The City of Denton for road�pvrposes (recording information pending);
THENCE across said Rayzor tract with the norfhwesterfy lines of said City of Denton tract the foilowing
courses and distcanc�s:
South 13 degrees, 02 minutes, 30 seconds East, 36.36 feet to an "RPLS 1640" capped 5/8"
iron rod set for camer,
South 31 degrees, 57 minutes, 30 seconds Wes#, 390.30 feet to an "RPLS 1640" capped
5/8" iron rod set° for cotner�'af'tiie beginhing of a curve whose center be'arz North 58
degrees, 02 minutes, 30 seconds West, �.0 feet; ahd, �
southwesterty wifih said curve, 206.35 fe�t�to an "RPLS 1640" capped 5/8" iron rod set for
the end of said curve in a south line ofi spid Tract Fiffeen and a north line of said Cify of
benton Tract described in Volume 697, :Pbge 213;
THENCE North 8$ degrees., 55� �nlnutes,. 40.-secor�ds� �1!�est• with� said-�ou3.h 1ine��of Tract �Fiffeen and said
north line of City of. Denton tract described in Volume 697, Page 213, 911.24 feet to a 5/8" iron rod found
in place for an angfe point in sa►d common Iines; �
; �
THENCE South 66 degrees, 05 minutes, 05 seconds West (6ase BeQring from said City of Denton deed in
Volume 697, Page 213, of said Deed Records), corttinui►�g with common lines between sqid Tract Fifteen
and said City of Denton tract descrbed in Vblume 697, Page 213, 499.39 feet to the PIACE OF
BE�INNING, and containing 26.6002 acres (1,158i703 square feetj.
IXM&T�
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t�
NORTH
o too 20o aoo aoo
Graphic Scale in Faet Scale : 1' = 700'
NOTE NI onginolly aigned doaments produced by the aurveying
orgaqizction idmGfied hereon will mntain n impmaed xol. My
doeumant appearing with thia compony'a identif Gon blo& and
aurveyors aignature withat tFat impressed aaal ahwld be mnsidaed
a rnpy rwt produced uMer Ihe survryors auperviaion. ond may ha�e
been�altaed withwt Ihe wneyora knowledge and wmmL
Sketch showing
a tract of land in the
N. H. MEISENHAMER SUfZVEY,
Abstract No. 810,
in the City of Denton,
Denton County, Texas
(See accompanyfng deacripGon).
For nriew purposw oau
GBRRT C(1RiIS ASSOCfATES, INC., SURVEyO&S
� � GERRY CURTIS ASSOCIATES, INC.
Survtyors
P.O. Box 477787 877/334-0387
Fort Worth, Texas 7 6 1 47-26 68
M�ST79R 99-12-07779 PLOTiED NOVQABER Z7. 2011
EXHIBIT "C"
to
Contract of Sale
Form of Surface Waiver by RIL Mineral Holdings
WAIVER AND RELEASE OF SURFACE RIGHTS AGREEMENT
STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF DENTON
This Waiver and Release of Surface Rights Agreement ("Agreement") is made and
entered into as of , 2012 by RIL MINERAL HOLDINGS, LP, a Texas limited
partnership ("Mineral Owner") for the benefit of RAYZOR INVESTMENTS, LTD., a Texas
limited partnership ("RIL") and any other successor owners of the certain tract of land described
hereinbelow as the Waiver Property, specifically including, without limitation, the City of
Denton, Texas ("City").
RECITALS:
A. RIL is the surface owner of certain real property located in Denton County, Texas
as more particularly described on Exhibit "A" (the "Waiver Property").
B. Mineral Owner is the owner of the mineral estate relating to the Waiver Property
(such minerals owned by Mineral Owner being referred to as the "RILMH Minerals").
C. RIL is selling and conveying the surface of the Waiver Property to the City on or
about the date hereof (the City, together with any successors and assigns who own any portion of
the surface of the Waiver Property is referred to as a"Surface Owner" with respect to the
surface lands owned by it).
D. Mineral Owner, as the current holder of the RILMH Minerals, has agreed to
execute this instrument to confirm and agree that Mineral Owner waives and releases its right to
use the surface of the Waiver Property as provided below.
AGREEMENTS:
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, Mineral
Owner covenants and agrees as follows:
1. Release and Waiver. Mineral Owner waives and releases, on behalf of Mineral
Owner and Mineral Owner's successors and assigns, all rights of ingress and egress and all other
30
rights to enter upon or to use the surface of the Waiver Property or any part thereof in any way,
manner or form, in connection with or related to the RILMH Minerals and/or related to
exploration and/or production of the RILMH Minerals, 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, 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
kind or type in connection with or related to the RILMH Minerals , and/or related to the
exploration or production of same; provided further, however, nothing herein shall prevent
Mineral Owner or its successors and assigns from exploring for, developing and/or producing the
RILMH Minerals in and under• the Waiver Property by pooling or by directional drilling under
the Waiver Property from well sites or mining sites located on other property; provided, further,
however, that the parties acicnowledge that the RILMH Minerals may not constitute all of the
minerals under the Waiver Property and there may be third party holders of mineral rights
("Other Mineral Rights Holders") and/or the RILMH Minerals may be subject to one or more
existing oil and gas or other mineral leases ("Existing Mineral Leases") in favor of lessees
thereunder ("Mineral Lessees"), and the forgoing waiver as to surface use shall not be construed
to limit any of the existing rights of the Other Mineral Rights Holders or Mineral Lessees under
the Existing Mineral Leases, nor shall Mineral Owner have any duty or obligation to obtain any
waivers or other agreements from any such Other Mineral Rights Holders or Mineral Lessees
with respect to limitations on surface use or otherwise, and in no event shall Mineral Owner have
any liability or responsibility for any surface damage or injury to property or person as a result of
the exploration and/or production of the RILMH Minerals by any Other Mineral Rights Holders
or any Mineral Lessee, and all Surface Owners shall pursue any such claims solely against such
Mineral Lessee or Other Mineral Rights Holder, as applicable. As used herein, the term "surface
of the Property" shall include the area from the surface of the eat�th to a depth of five hundred
feet (500') below the surface of the earth and all areas above the surface of the earth,
2. Current Holder of Rights. Mineral Owner represents and warrants that Mineral
Owner is the current holder of the RILMH Minerals.
3. Successors and Assigns. The acknowledgements and agreements of Mineral
Owner hereunder shall (i) run with the Waiver Property for the benefit of RIL and any future
Surface Owner, specifically including, without limitation, the City, (ii) inure to the benefit of and
be enforceable by RIL as well as any future Surface Owner, speciiically including, without
limitation, the City, and their respective heirs, legal representatives, successors and assigns of
and (iii) be binding upon and enforceable against Mineral Owner and its legal representatives,
successors and permitted assigns.
4, Other/Miscellaneous.
(a) Choice of Law. THIS AGREEMENT SHALL BE GOVERNED
BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL
LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF
RULES.
31
(b) Headings. The titles and article headings contained herein are for
purposes of identification only and shall not be considered in construing this Agreement.
(c) Notices. Any notice, report or demand by RIL and/or Surface
Owner to Mineral Owner with respect to this Agreement shall be in writing and shall be
deemed to have been sufiiciently given or served to Mineral Owner for all purposes upon
Mineral Owner's receipt or refusal of receipt when sent by (i) registered or certified mail,
return receipt requested, or (ii) personal hand delivery, or (iii) overnight courier service,
to the Mineral Owner at the address shown beneath Mineral Owner's signature below.
EXECUTED to be effective as of the first date hereinabove written.
[Signature Page Follows]
32
s:\legal\our documents\contracts\12�rayzor offer to purchase contract of sale draft (dmm 10-10-12).doc
MINERAL OWNER:
RIL MINERAL HOLDINGS, LP, a Texas limited
partnership
By; RIL Mineral Holdings GP, LLC, a Texas
limited liability company, its general partner
By: The Rayzor Company, a Texas
corporation, its sole member
President
THE STATE OF TEXAS
COUNTY OF DENTON
:
Philip A, Balcer, Vice-
Address:
c/o The Rayzor Company
400 W. Oak, Suite 200
Denton, Texas 76201
Tel. No. (940) 387-8711
Fax No. (940) 566-1591
This instrument was acicnowledged before me on the day of ,
2012, by Philip A. Balcer, Vice-President of The Rayzor Company, a Texas corporation,
sole member of RIL Mineral Holdings GP, LLC, a Texas limited liability company, sole
general partner of RIL Mineral Holdings, LP, a Texas limited partnership, on behalf of
said limited partnership.
After Recordin� Return To:
Rayzor Investments, Ltd.
c/o The Rayzor Company
400 W. Oalc, Suite 200
Denton, Texas 76201
Page 33
Notary Public, State of Texas
EXHIBIT A
PAGE:1I�.OF��...-
P�SCRIPTION OF PROPERtY SURVEYED .
�� .
, ;.
: I •
SITUATED In the City of Denton, benton Covn�, jTexas, being q porflon of the N. H. MEISENHIM�R SURVEY
, Abstract No. 810, 4nd being a porf(on of thcat certain parcei described ps q residue trqct called Section
3, Tracf Fiffeen in de�d to Rayzor lnvestmenis; L:td. recorded in Volume 1796, Page 601, Qenton. Coun,ty
Deed Recprds, qnd sqid porfion of Tract Fiffeen �being more fully described as one pqrcel as folloY✓s:
BEGINNING at a 5/8" iron rod fouhd in piace �for the southwest comer of said Tract Fifteen and ihe �
norfhwest comer af that eerfain tract conveyQd to the Ci1y of Denton for a parf oP Norfh Lc�kes Park:by
de�d recorded in Volume 697, Pdge 213, of;sqid Deed Records, said point being also the south�east
comer of ihqt cerfaln tract conveyed to SamWel J. and Dorothy Marino recorded in Volume 1087� P.a'ge�
244, of said Deed Records, and the norfheqst comer of that certain porfion of said North Lakes pcirk �'
conveyed to the Gity of Denton by instrument recorded in Volume 704, Page 265, of said Deed �
� RecQrds; < i
. � ;' .
THENCE Norfh 1 degree, ,48 minutes, 55 secon'd� East with the common line befween said Tract Fifteen� :.
and said Marino trqct and pQrfic�lly along a fen�e Gne, passing the south line of Riney Road, Q variabl`e�
width right �public road, continuing in all 921.�O;feet to the common norfh comer of spid Tracf F'iffeen
anc! said Marino ttact in the south line of that cerfain ircact conveyed to Coti Joint Venture by cleed
recorded in Volume 5322, Page 197, of sald Dee`d Records; ,
7HENCE Sotrth 88 degreeS, 48 minutes East with' ttie norfh line of said Tract Fiteen and a south Ilne of said
Coti tract, in and near the center of the asphalt pavement of said Riney Road, 1229,12 feet to the
norfhwest comer'of that cerfciin Parcel 14 cotiveyed to the State of Texas for U. S. Highway 77 Business.
Roufe (Sc�nger Ropd) by deed recorded in Volurne 4263, Page 1337, of sad Deed Records;
� THENCE South 1 degr�e, 21 minutes, 20 secon;d� West wfth the most westerfy line of said Stafe of Texas
trdct, passirig said south line of Riney Road, in jall 40.0 feet b a 5/8" iron rod found in place for the
�vesterly southwest .c.orner of said State of Texds fract;
�` :' ' ` ; (
7HENCE�South 88 degrees, 38 minut�s, 40 secon�s East with the most westerfy south line of sald State of
� Texas �rqcfi;. T51.68 feet to a"TXDOT" capRed 5/8" iron rod found in place for an angle point in said
State of Texas tract; '
i�
! �i
THENCE South 58 degrees,.Q2,.minutes,,.3Q.secbn'ds East..:with:a:so:uthvues�e�iy,line of said� State of Texas
� tract 390.0 feet to c�n "RPLS 1640" capped 5/$" liron rod set for the most northerly comer of a trqct of�
land conveyed to The City of Denton for road;purposes (recording information pending);
THENCE across said Rcryzor tract with the norfhwesteriy lines of said City of Denton tract the following
courses and distances:
South 13 degrees, 02 minutes, 30 secon'ds East, 36.36 feet to 4n "RPLS 1640" capped 5/8"
iron rod set for comer,
South 31 degrees, 57 minutes, 30 seconds Wes#, 390.30 feet to an "RPLS 1640" capped
5/8" iron°rod set°far'�brrt�t�'at"itie bb�in`fiing of a curve wh'ose center bears NortN 58
degrees, 02 minutes, 30 seconds West, 20b.0 feet; and, �
�;
southwesterty with said curve, 20b.35 fe�t�to an "RPLS 1640" capped 5/8" iron rod set for
the end of said cu�ve in a south line of said Tract Fiffeen and a norfh line of sa(d City of
Denton Tract described in Volume 697, �Pbge 213;
THENCE Norfh 8$ degrees..:55, Fpinufes,,�40:,secp�ds•.:-1!�est.with���saiet�sou#k���►in�.�af� TraEt��Fiffeen^ar�d said��
norfh line of Cify of. Denton tract described in Volume 697, Page 213, 911.24 feet to Q 5/8" iron rod found
in place fior qn Qng(e point in said common Ilnes;
ii
THENCE South 66 degrees, 05 minutes, 05 seconc{s West jBase Bepring from said City of Denton deed in
Volume 6�7, Page 213, of said Deed Records), co.ntinuir�g with common lines befween said Tract Fiffeen
dnd sald Cify of Denton ircact descrbed in ;Vblume 697, Page 213, 499.39 feet to the PLACE OF
BE�INNING, and containing 26.6002 acres (1,158;703 square feet). �
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� I� (1.i5B.703 Sq.Ft) i� . I I �_ S 1302�30�E 4; u,gc�� ' \'
N 1� � 0 I `-,Ij I°�- 35.36' .'$ -4'-.
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to s�MUE1 d. uMwo. =° I I�\\ �'z,�"� ,$. s���ow 1`\\
and wife, DOROTHY MAFilryp ^ C � I I � •'
toe7-¢4v L y � ' .
Z � � ' `�O/ I ' \\ , k�1� S,Y ��VB�� = :.' •. 37%! lR inG
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;-
NORTH
� �oo zoo ,00 ,�a Sketch showing
�roph,� Sco�e:in Fent 5ro�� :,- _,00• a tract of land in the
N. H. MEISENHAMER SURVEY,
NOTE N� ariginoliy aigned dowmen6 produced by the aurveying AbS�I�QC� NO. H � O� For rv+ie�r purpo.ei on�7.
a�o�aa�o„ idmtified herean �ai ���a;,, on impro�ed ��ai. n„y in the City of Denton, ssRxx euxns AssocuTZS, ¢rc., svxvzroxs
documant app ring with Ihia rnmpany'e idenGf Gon 61o�h ond
.�%or. ,g�ai�� .;mac u,� impreaed xai ,nWia n� W��;e�a ' Denton County, Texas
e rnq no! praduced uMar Ue aurvryars auperviaion, nnd mo ha�e -�
bxn_altaed rithwt the eurvryor� knoeledge and commL r (see eeeomponying deaeripGan). � � GERRY CURTIS ASSOCIATE$, INC.
Surveyors
� � P.O. Box 471787 817/334-0387
- Fort Worth, Texas 76147>2668
' MOSTJ9R 99-t2-OJ779 ' PLOTTEO NOVEMBER 17. 2011
AGENDA INFORMATION SHEET
AGENDA DATE: October 16, 2012
DEPARTMENT:
ACM:
SUBJECT
Consider approval of
after G. Roland Vela.
BACKGROUND
Parks and Recreation
John Cabrales ��
a resolution nanung the proposed athletic complex at North Lalces Parlc
At the Augtist 21, 2012 City Council meeting, Council received Citizen Reports regarding nanung
the proposed athletic complex at North Lalces Parlcs after Mr. G. Roland Vela.
In accordance with the revised nanung policy, which Council approved on April 3, 2012, Council
directed staff to bring this action forward as a resolution for consideration at the same time the
Contract for Sale for proposed athletic complex property was brought to them for consideration.
It will take approximately 18 months to complete the complex once the design contract is signed.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
In May 2012, the Denton Leagtie of United Latin American Citizens (LLTLAC) Council 4366
submitted a nomination form to nanle the proposed athletic complex at North Lalces Parlc after Mr.
G. Roland Vela. The LULAC nominating committee feels that Mr. Vela's many outstanding
contributions to the Denton community should be rewarded and naming the athletic complex in
his honor would do so.
FISCAL INFORMATION
The policy states that the party requesting the naming is responsible for all costs associated with
signage unless City Council waives this requirement.
EXHIBITS
1. Nomination form
2. Resolution
Respectfully submitted:
��'''" �''' ��`�'�
Emerson Vorel, Director
Parks and Recreation Department
Denton League of United Latin Ame�ican Citizens
Council # 4366
NOMINATIONOFDR G. ROLAND VELA
Fo� Name of the City of Denton SOCCER FIELDS COMPLEX at
No�th Lakes Pa�k
Submitted to: DENTON CITY COUNCIL
Date of Submission: Mav , 2012
Individual or Organization Submitting Nomination:
Denton LEAGUE OF UNITED LATIN AMERICAN CITIZENS
Counci14366, Mr. Jerry Vela, Son of Nominee and Ms. Yolanda Vela,
daughter of Nominee
Denton LULAC Contact Person: Dr. Rudv Rodri�uez, Chair, Denton LULAC
Task Force, Vela Nomination for Name of Citv Facilitv
ADDRESS: 3925 Ma��ies Meadow, Denton, Texas 76210 — Telephone: (940) 565
9507, cell: (940) 391 9764 — email: rrodriguez1445(a�verizon.net
Signature of Organization Representative:
Nominated Name: G. Rolando Vela, Ph.D.
Number of Years Nominee has Lived in Denton: 45 years
Recommended Name of Facility: DR. G. ROLAND VELA SOCCER COMPLEX at
North Lakes Park
Explanation of why Dr. Vela should be considered.
The wonderful community life we enjoy in our great city would be impossible to
achieve without the active participation and service of our citizens. Dr. Vela, better
known to his friends as Roland or Rolando, recognized the value of community
service since first coming to Denton over 45 years ago. He further understands the
value of community relationships and community building. These values he
exemplified through his work and service in a number of City of Denton Boards and
Commissions. His most notable contribution to the citizens of Denton was during his
service as the first Latino elected member to the City Council in 1979. His
leadership qualities and deep- felt commitment to community betterment were
further demonstrated during his tenure as either an officer or member of the:
Board of Directors of the Flow Medical Foundation; Anne's Haven Hospice; Denton
County Cooperative Agency; Our Daily Bread (meals for the indigent); Board of
Directors of the Texas Municipal Power Agency (11 years); Airport Advisory Board
(served as Chair).
In addition, Dr. Vela, as Professor of Microbiology, contributed enormously to
elevating the status of the University of North Texas over the 40 years of service to
that great educational institution, as noted in his professional vita (see attached).
Now retired from UNT, he remains active as an Professor Eme�itus through his
research and publications. He has also retained his membership in the prestigious
American Academy of Microbiology.
It is due to Rolando's legendary devotion to the City of Denton and values that are
at the core of the Denton community that the League of United Latin American
Citizens submits this nomination. The naming of the SOCCER FIELD COMPLEX
at North Lakes Park in honor of Dr. G. Roland Vela would be a fitting tribute to his
work and recognition of the high standards he set during his long tenure of service
to the City of Denton and to the University of North Texas.
SEE ATTACHED for names of persons responsible for nomination:
1lcodadldepartmentsUegallour documentslreso[utions1121g, roland veia athketic complex.doc
RESOLUTION NO.
A RESOLUTION APPROVING THE NAMING OF THE PROPOSED ATHLETIC
COMPLEX AT NORTH LAKES PARK AFTER G. ROLAND VELA; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, G. Rolazad Vela recognized tka.e value of community service since first
coming to Denton over 47 years ago, and understands tk�e value of community relationships and
community building, which he exemplified through his work and service in a number of City of
Denton Boards and Commissions, the mast notable being his service as the first Latino elected
member to the City Council in 1979; and
WHEREAS, G. Roland Vela served on the Board of Directars of the Flow Medical
Foundation, Anne's Haven Hospice, Dentoz� County Cooperative Agency, Our Daily Bread,
Board of Directors of the Texas Municipal Power Agency, and Airport Advisory Board; and
WHEREAS, G. Roland Vela, a� 1'rofessor of Microbiology, contributed enormously to
the Universii.y of Narth Texas in his over 35 years of service and, even though retired from the
University af North Texas, remains active as a Professor Emeritus, and retains his membership in
the prestigiaus American Academy of Microbioiogy; and
WHEREAS, the City of Denton wishes to honor this grea� American and cornmit tn the
memory o� its citizenry the accomplishrnents made by G. Roland Vela and the contributions he
has made to the Denton community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTIQN 1. The City Council of the City of Denton, in accardance with Resolution No.
R2012-007, does hereby name the athletic complex at North Lakes Park the "G. Raland Vela
Athletic Complex" in honor of this rnan. Any costs associated wit1� plaques, markers, or
memorials shall be borne by the City.
SECTIQN 2. This Resolution shal� become effective immediately �pon its passage and
approval.
-� - � �° 1lcodadldepartmentsVegallour documentslresalutions1121g. roland �ela athletic complex.doc
PASSED AND APPROVED this the day of , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
��
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2
MARK A. BURROUGHS, MAYOR
AGENDA INFORMATION SHEET
AGENDA DATE: October 16, 2012
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
Consider nominations/appointments to the City's Boards and Comnussions.
BACKGROUND
Attached is a list of outstanding nominations for board and commission positions. Nominations
made at this meeting could be voted on with the provision that the individuals meet all required
qualifications.
If you require any further information, please let me lcnow.
Respectfully subnutted:
Jennifer Walters
City Secretary
10/16/2012
BOARD AND COMMISSION NOMINATIONS
Board Council �omination
Member
Health & Building Standards Commission All Ryan Davenport
All Larr Parker
Human Services Adv. Committee
Minerva Villanueva has resigned Engelbrecht
Lara Fronczek has resi ned Kin
Parks, Recreation & Beautification Board
Derrick Murra has resi ned En elbrecht
Public Art Committee
Emil Rozell has resi ned En elbrecht