HomeMy WebLinkAboutFebruary 05, 2013 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
Febniary 5, 2013
After determining that a quonim is present, the City Council of the City of Denton, Texas will
convene in a Worlc Session on Tuesday, Febniary 5, 2013 at 3:00 p.m. in the Council Worlc
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to spealc on Consent Agenda Items only. Each
spealcer will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for Febniary 5, 2013.
3. Receive a report, hold a discussion, and give staff direction on an update to the Tree Tnist
mitigation option of Subchapter 35.13.7.A.7.f of the Denton Development Code.
4. Receive a report, hold a discussion and provide direction on the Hicicory Grand Street
concept plan options related to head-in versus bacic-in parlcing.
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 certain real property
interests located in the T. Toby Survey, Abstract No. 1288, City of
Denton, Denton County, Texas, and located at the south east corner of
Loop 288 and Locust 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.
City of Denton City Council Agenda
Febniary 5, 2013
Page 2
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 Hiram Sisco Survey, Abstract No. 1184, City of
Denton, Denton County, Texas, and located generally along the 700 blocic
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 (1) in the M.E.P. & P.R.R. Co. Survey, Abstract Number
1469, Denton County, Texas (located generally in the 1500 blocic of North
Mayhill Road); (2) in the M.E.P. & P.R.R. Co. Survey, Abstract Number
927, Denton County, Texas (located generally in the 500 blocic of North
Mayhill Road); and (3) in the David Hough Survey, Abstract Number 646
(located generally in the 3900 blocic of Quailcreelc Road), all within the
City of Denton, Texas. Consultation with the City's attorney's regarding
legal issues associated with the acquisition or condemnation of the real
property interests 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. (Mayhill Widening and Improvements proj ect)
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 A.N.B. Tomplcins Survey, Abstract Number 1246,
Denton County, Texas (located generally in the 2400 blocic of South
Bonnie Brae Street); (2) in the James Edmonson Survey, Abstract Number
400, Denton County, Texas (located generally on Roselawn Drive, 600
feet east of South Bonnie Brae Street); and (3) in the William Roarlc
Survey, Abstract Number 1087, Denton County, Texas (located generally
in the 4600 block of South Bonnie Brae Street), all in the City of Denton,
Denton County, Texas. Consultation with the City's attorneys regarding
legal issues associated with the acquisition or condemnation of the real
property interests 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. (Bonnie Brae Widening and Improvements project)
City of Denton City Council Agenda
Febniary 5, 2013
Page 3
5. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the value of certain real property interests
located in the E. Puchalslci Survey, Abstract No. 996, City of Denton,
Denton County, Texas, and located at the northeast corner of intersection
of West Hicicory Street and North Texas Boulevard. Consultation with the
City's attorneys regarding legal issues associated with the potential sale 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.
6. 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.
(CODELLA LLC — 691cV DME)
B. Deliberation regarding Personnel Matters — Under Texas Government Code
Section 551.074.
1. Deliberate and discuss the evaluation, duties, discipline, procedures, and
contracts of the Municipal Court Judge, City Attorney, City Manager, and
Internal Auditor.
C. Consultation with Attorneys — Under the Texas Government Code Section
551.071.
1. Consult with and provide direction to City's attorneys regarding the
encroachment of a stnicture in a floodplain as impacting a proposed
development at or near the crossroads of Teasley Road and El Paseo
Drive.
ANY F1NAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A CLOSED
MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD 1N COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH F1NAL
ACTION, DECISION, OR VOTE IS TAKEN 1N THE CLOSED MEETING 1N ACCORDANCE WITH
THE PROVISIONS OF �551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER
EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN 1NT0 A CLOSED
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, �551.001, ET
City of Denton City Council Agenda
Febniary 5, 2013
Page 4
SE�. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE 1N A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, 1N ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, 1NCLUDING, WITHOUT LIMITATION �551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
REGULAR MEETING
1. PLEDGE OF ALLEGIANCE
A. U.S.FIag
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. Proclamation in recognition of Animal Services staff inembers
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 bacicground information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A— FF). 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— FF 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 approval of the Second Amendment to the Meet and Confer Agreement
between the City of Denton and Denton Fire Fighters Association, IAFF Local
1291 and authorize the City Manager to sign the amendment.
B. Consider adoption of an ordinance of the City of Denton, Texas, amending
Ordinance No. 2012-268 to prescribe updated titles and number of positions for
certain classifications of Fire Department personnel; providing repealer,
cumulative and severability clauses; and declaring an effective date.
City of Denton City Council Agenda
Febniary 5, 2013
Page 5
C. Consider a request for an exception to the Noise Ordinance for the purpose of the
35 Denton Music Festival sponsored by 35 Denton LLP. The event will be held in
Williams Trade Square and on Industrial Street and Hickory Street beginning on
Friday, March 8 from 4 to 10 p.m., Saturday, March 9, from 2 to 10 p.m. and
Sunday, March 10, from 2 to 10 p.m. The exception is specifically requested to
increase sound levels from 70 to 75 decibels and for amplified sound on Sunday.
Staff recommends approval of request.
D. Consider approval of a resolution allowing Rooster's Roadhouse to be the sole
participant allowed to sell alcoholic beverages at the 35 Denton event held on
March 8- March 10, 2013, 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 35 Denton's
request to allow Rooster's Roadhouse to sell alcohol during the event.
E. Consider adoption of an ordinance rej ecting any and all competitive bids for the
constniction of the US 380 Utility Relocations project for the City of Denton; and
providing an effective date. (Bid 5122—US 380 Utility Relocations). The Public
Utilities Board recommends approval (5-0).
F. Consider adoption of an ordinance rejecting any and all competitive bids for
constniction of the Cooper Creelc Interceptor III proj ect; and providing an
effective date. (Bid 5125—Cooper Creelc Interceptor III). The Public Utilities
Board recommends approval (5-0).
G. Consider adoption of an ordinance awarding a contract for the purchase and
installation of an excavation, constniction, and landfill compaction control
software with Global Positioning System (GPS) hardware and associated
equipment for one City of Denton Landfill Compactor as awarded by the State of
Texas Department of Information Resources (DIR) through the Go DIRect
Program, Contract Number DIR-SDD-1797; providing for the expenditure of
funds therefor; and providing an effective date (File 5165—Purchase of Global
Positioning System Software and Hardware for Landfill Compactor awarded to
GeoShacic North America, Inc. in the amount of $115,872.34). The Public
Utilities Board recommends approval (7-0).
H. Consider adoption of an ordinance authorizing the expenditure of funds for
payments by the City of Denton to the Electric Reliability Council of Texas
(ERCOT) for Wide Area Network (WAN) interconnection of the City of Denton
data networlc with the ERCOT data networlc and to maintain operational security
regarding the transfer of data between ERCOT and the City; and providing an
effective date (File 5057—ERCOT Wide Area Networlc Interconnection Fee in the
estimated amount of $340,000). The Public Utilities Board recommends approval
(7-0).
L Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract through the State of Texas Smart
Buy Program for the purchase of a Bucket Tnick for the Electric Distribution
Department as awarded by the State of Texas Contract 985D; and providing an
City of Denton City Council Agenda
Febniary 5, 2013
Page 6
effective date (File 5162—Purchase of Bucicet Tnicic awarded to Fort Worth
Freightliner-Western Star in the amount of $192,972.49). The Public Utilities
Board recommends approval (7-0).
J. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract through the Buy Board Cooperative
Purchasing Networlc for the acquisition of one vacuum excavator for Electric
Operations, one bacichoe for Water Distribution and one bacichoe for Wastewater
Collections; and providing an effective date (File 5138—Purchase of Vacuum
Excavator awarded to Vermeer Texas-Louisiana in the amount of $52,887.30 and
Two Bacichoes awarded to DARR Equipment Company in the amount of
$127,408.20 for a total award of $180,295.50). The Public Utilities Board
recommends approval (7-0).
K. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement by and between the
City of Denton, Texas and PWR Solutions, Inc. for the preparation of the
analyses respecting the annual Federal Energy Regulatory Commission (FERC)
715 Report; for preparation and submission of the annual Electric Reliability
Council of Texas (ERCOT) Steady State Worlcing Group Data Sets A and B; for
preparation and subnussion of the annual ERCOT System Protection Worlcing
Group present and future year short circuit cases; representation of Denton
Municipal Electric in ERCOT and other transmission service provider meetings;
for engineering support and consultation in other electric service planning and
system study issues; such services being rendered in support of Denton Municipal
Electric; finding and deternuning that the document entitled "Proposal for Five
Year Transnussion Planning and TP Compliance Support Services" ("proposal")
which defines the scope of services to be performed by PWR Solutions, Inc. is a
document that pertains to a competitive electric utility matter as set forth under
the provisions of Texas Government Code, Sections 551.086 and 552.133;
authorizing the sealing of said proposal by the City Secretary; authorizing the
expenditure of funds therefor; providing an effective date (File No.5148 in the
amount not-to-exceed $857,469.06). The Public Utilities Board recommends
approval (7-0).
L. Consider adoption of an ordinance accepting proposals and awarding a public
works contract for the procurement of services and materials to prepare substation
sites and transmission line easements for constniction; providing for the
expenditure of funds therefor; and providing an effective date (RFP 5086—
awarded to Mann Robinson and Sons, Inc. in the not to exceed amount of
$2,380,000). The Public Utilities Board recommends approval (7-0).
M Consider adoption of an ordinance accepting competitive bids and awarding a
public worlcs contract for the Cast in Place Concrete Portions of the Airport North
Entry Road proj ect for constniction of an airport entry and tnicl�/bus turnaround;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3516—awarded to the lowest responsible bidder meeting specification, Floyd
Snuth Concrete, Inc. in the amount of $159,820.87).
City of Denton City Council Agenda
Febniary 5, 2013
Page 7
N. Consider adoption of an ordinance accepting competitive bids and awarding a
public worlcs contract for the asphalt pavement section of the Airport South Entry
Road proj ect for constniction of an airport entry and tnicl�/bus turnaround;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 4974—awarded to the lowest responsible bidder meeting specification, Jagoe-
Public Company in the amount of $126,143.85).
O. Consider adoption of an ordinance accepting sealed proposals and awarding a
contract to provide Software and Related Services with SHI Government
Solutions, Inc., a Microsoft Certified Large Account Reseller with the City of
Denton; and providing an effective date (RFP 5121—Microsoft Software Reseller
and Related Services awarded to SHI Government Solutions, Inc. in the annual
estimated amount of $95,000 for City of Denton expenditures, and a three year
estimated expenditure of $285,000).
P. Consider adoption of an ordinance accepting sealed proposals and awarding a
contract for the purchase of Commander 1 Police Motorcycles for the City of
Denton Police Department; and providing an effective date (RFP 5119—Police
Motorcycles awarded to Victory Police Motorcycles in the estimated amount of
$210,000 for the replacement of six motorcycles over a five (5) year period).
Q. Consider adoption of an ordinance accepting competitive proposals and awarding
a contract for the purchase of tapered, tubular, and galvanized steel stnict�ires for
Denton Municipal Electric substations from Falcon Steel Company in an amount
not to exceed $1,660,000 and a contract for the purchase of substation stnictures
fabricated from standard shaped steel products from R and C Welding in an
amount not to exceed $2,140,000; providing for the expenditure of funds therefor;
and providing an effective date (RFP 5115—Galvanized Steel Stnictures). The
Public Utilities Board recommends approval (7-0).
R. Consider adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute and deliver a"Local Proj ect Advanced
Funding Agreement for Voluntary Local Government Contributions to
Transportation Improvement Projects with No Required Match" between the City
of Denton and the Texas Department of Transportation (TxDOT) regarding the
City's funding that portion of the agreement consisting of conduits and ground
boxes along the route of U.S. Highway 380, from Bonnie Brae Road to U.S.
Highway 377, in the City of Denton, Texas; authorizing the expenditure of funds
therefor; providing an effective date (Project-U.S. Highway 380 from Bonnie
Brae Road to U.S. Highway 377 in the amount of $129,082.59).
S. Consider adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute and deliver a"Ternunation of the
Advance Funding Agreement for Bridge Replacement or Rehabilitation Off the
State System" between the City of Denton and the Texas Department of
Transportation (TxDOT) regarding the local government bridge proj ect located at
Mayhill Road at Cooper Creek in the City of Denton, Texas and termination of
Advanced Funding Agreement Amendment No. 1, dated January 28, 2004;
providing an effective date.
City of Denton City Council Agenda
Febniary 5, 2013
Page 8
T. Consider adoption of an ordinance of the City Council of Denton, Texas
authorizing the City Manager to execute and deliver a"Surface Transportation
Program — Metropolitan Mobility Agreement for State-Constnicted Traffic Signal
Constniction (with a Municipality Providing Limited Materials or Labor)"
between the City of Denton and the Texas Department of Transportation
(TxDOT) regarding the City's request for reimbursement of the federal allowable
percentage of the cost of installing traffic signals and other items directly related
to the operation of six intersections on U.S. Highway 380 within the City that are
specified in said agreement; providing the City Manager with authority to carry
out the rights and duties of the City regarding said agreement; providing the City
Manager with authority to expend funds therefor; providing an effective date.
U. Consider approval of the minutes of:
December 3, 2012
December 4, 2012
December 11, 2012
December 18, 2012
V. Consider adoption of an ordinance accepting an Agreement with Denton County
to participate in Tax Increment Reinvestment Zone, Number Two; authorizing the
City Manager to execute the Agreement and take other actions necessary to
administer the Tax Increment Reinvestment Zone; malcing certain findings and
other matters related thereto; and providing an effective date.
W. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 2.486 acre tract situated in the T.M. Downing Survey,
Abstract No. 346, located 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 transmission system; authorizing the City Manager or his designee to malce an
offer to (1) CODELA, LLC (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 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. (691cV Transmission Line Re-build Project)
X. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City Manager, or his designee, to execute a Purchase Agreement (herein so
called), as attached to the ordinance and made a part thereof as Exhibit "A" by
and between the City of Denton (the "City"), and Robert Earl Edwards, Donald
Eugene Edwards, Myrtle Elizabeth (Edwards) McSween and William Warren
Edwards, (collectively, the "Seller"), contemplating the sale by Seller and
purchase by City of a 0289 acre tract of land, more or less, being generally
located in the 1500 blocic of North Mayhill Road in the M.E.P. & P.R.R.
City of Denton City Council Agenda
Febniary 5, 2013
Page 9
Company Survey, Abstract No. 1469 in the City of Denton, Denton County,
Texas (the "Property Interests"); for the Purchase Price of Thirty Four Thousand
Dollars and No Cents ($34,000.00); authorizing the City Manager, or his
designee, to execute and deliver any and all other documents necessary to
accomplish the closing of the transaction contemplated by the Purchase
Agreement; authorizing the expenditure of funds therefor; and providing an
effective date. (Mayhill Road Widening and Improvements Proj ect — Parcel
M025)
Y. 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 0202 acre tract, each located in the M.E.P. and P.R.R. Company
Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to the ordinance and made a part
thereof, located generally in the 500 Blocic of North Mayhill Road (the "Property
Interests"), for the public use of expanding and improving Mayhill Road, a
municipal street and roadway; authorizing the City Manager or his designee to
make an offer to (1) 551 Mayhill Joint Venture (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 Sixteen Thousand Eight Hundred Fifty Four
Dollars and No Cents ($116,854.00) and other consideration, as prescribed in the
Purchase Agreement (the "Agreement"), as attached to the ordinance and made a
part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and
providing an effective date. (Mayhill Road Widening and Improvements Proj ect—
Parcel M070)
Z. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City Manager, or his designee, to execute a Purchase Agreement (herein so
called), as attached to the ordinance and made a part thereof as Exhibit "A", by
and between the City of Denton (the "City"), as Buyer, and Joyce A. Brearley and
Lucy L Barber, Co-Tnistees of the Leroy Barber and Lucy L Barber Fanuly Tnist,
dated May 18, 1994 (the "Owner"), as Seller, contemplating the sale by Owner
and purchase by City of a 0.398 acre tract of land, more or less, being generally
located in the 1100 blocic of South Mayhill Road, in the M.E.P. & P.R.R.
Company Survey, Abstract No. 927, in the City of Denton, Denton County, Texas
(The "Property Interests") for the Purchase Price of Seventy five Thousand
Dollars and No Cents ($75,000.00); authorizing the City Manager, or his
designee, to execute and deliver any and all other documents necessary to
accomplish closing of the transaction contemplated by the Purchase Agreement;
authorizing the expenditure of funds therefor; authorizing relocation expendinires;
and providing an effective date (Mayhill Road Widening and Improvements
Project — Parcel M115)
AA. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.295 acre tract located in the David Hough Survey,
Abstract Number 646, and being a part of Lot 1R, Blocic F of Providence Place II,
an Addition to the City of Denton, according to the Plat thereof recorded in
Cabinet X, Page 905, Plat Records, Denton County, Texas, as more particularly
City of Denton City Council Agenda
Febniary 5, 2013
Page 10
described on Exhibit "A" attached to the ordinance and made a part thereof,
located generally in the 3900 Blocic of Quailcreelc Road (a private street) (the
"Property Interests"), for the public use of expanding and improving Mayhill
Road, a municipal street and roadway; authorizing the City Manager or his
designee to malce an offer to (1) Quail Creelc South, LP (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 Thirty Eight Thousand Four Hundred Nineteen
Dollars and No Cents ($38,419.00), and other consideration, as prescribed in the
Purchase Agreement (the "Agreement"), as attached to the ordinance and made a
part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and
providing an effective date. (Mayhill Road Widening and Improvements Proj ect
— Parcel M236)
BB. 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 No. 1246 and
located 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 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
make an offer to (1) Harlan Properties, Inc. (the "Owner"); (2) successors in
interest to the owner of 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 and No
Cents ($150,163.00), and other consideration, as prescribed in the Purchase
Agreement (the "Agreement"), as attached to the ordinance and made a part
thereof as Exhibit "B"; authorizing the expenditure of funds therefore; and
providing an effective date. (Bonnie Brae Widening and Improvements Project —
Parce125)
CC. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (I) fee simple to a 1.91 acre tract; (I� a utility and slope easement
encumbering 0.57 acre; and (II� a drainage easement encumbering 0.02 acre; all
tracts located in the James Edmonson Survey, Abstract Number 400, City of
Denton, Denton County, Texas, as more particularly described on Exhibit "A",
attached to the ordinance and made a part thereof, located generally on Roselawn
Drive, 600 feet East 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)
the Chamberlain Tnist (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 Sixty Six
Thousand Five Hundred and Nineteen Dollars and No Cents ($66,519.00), and
other consideration, as prescribed in the Purchase Agreement (the "Agreement"),
as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing
the expenditure of funds therefore; and providing an effective. (Bonnie Brae
Widening and Improvements Proj ect —Parcel 34)
City of Denton City Council Agenda
Febniary 5, 2013
Page 11
DD. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.04 acre tract located in the William Roarlc Survey,
Abstract Number 1087, and being a part of Lot 7, Blocic A of Meadows of
Hicicory Creelc, Phase One, an Addition to the City of Denton, according to the
Plat thereof recorded in Cabinet X, Page 20, Plat Records, Denton County, Texas,
as more particularly described on Exhibit "A", attached to the ordinance and
made a part thereof, located generally in the 4600 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) Linda J. Alexander and John M. Alexander
(Collectively, the "Owner") (2) successors in interest to the Owner to the
Properry Interests; or (3) any other owners of the Property Interests, as may be
applicable, to purchase the Property Interests for the purchase price of Thirteen
Thousand Seven Hundred Fourteen Dollars and No Cents ($13,714.00), and
other consideration, as prescribed in the Purchase Agreement (the "Agreement"),
as attached to the ordinance and made a part thereof, as Exhibit "B"; authorizing
the expenditure of funds therefor; and providing an effective date. (Bonnie Brae
Widening and Improvements Proj ect — Parce146)
EE. Consider adoption of an ordinance authorizing the execution of an easement
purchase agreement ("Purchase Agreement"), as attached to the ordinance thereto
and made a part thereof as Exhibit "A", by and between Mahogany Run
Investments, L.P., a Texas linuted partnership ("Owner"), as Seller, and the City
of Denton, Texas ("City"), as Buyer, regarding the sale and purchase of (� a
sanitary sewer easement encumbering a 0.438 acre tract, and (II) a temporary
constniction, grading and access easement, encumbering a 0.134 acre tract, all
tracts located in the Gideon Wallcer Survey, Abstract Number 1330, City of
Denton, Denton County, Texas as more particularly described in the Purchase
Agreement, located generally in the 3900 blocic of South Interstate Highway 35
East (collectively the "Property Interests"), for the public use of expanding and
improving the municipal sanitary sewer system for the Purchase Price of Two
Hundred Ninety One Thousand Three Hundred Forty Four pollars and No Cents
($291,344.00), and other consideration, as prescribed in the Purchase Agreement;
authorizing the expenditure of funds therefor; and providing an effective date.
(State School Sanitary Sewer Interceptor Proj ect — Phase II - Parcel4).
FF. Consider adoption of an ordinance approving a development agreement with
HMH Lifestyles, L.P., securing the costs to constnict the unbuilt portions of the
required perimeter wall for the Villages of Carmel, Phase III subdivision,
pursuant to previously approved plans and pernuts, and authorizing pernutting
and constniction of houses and infrastnicture on the remaining unbuilt lots in that
subdivision, in accordance with applicable building and development
requirements; delegating authority to the City Manager to execute said
Development Agreement on behalf of the City; and declaring an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
Mayor to execute an Interlocal Cooperation Agreement (the "Interlocal
City of Denton City Council Agenda
Febniary 5, 2013
Page 12
Agreement") between the Denton County Transportation Authority and the City
of Denton, Texas, as attached hereto and made a part hereof as Exhibit "A",
providing a license to Denton County Transportation Authority to constnict,
operate and maintain bus shelters and related bus passenger amenities in City
Rights of Way in locations more particularly described in the Interlocal
Agreement; and providing for an effective date.
6. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending the Denton Development Code modifying the standard
procedures for certificate of appropriateness review in Subchapter 35.7; and
providing for a penalty in the maximum amount of $2,000.00 for violations
thereof; providing a severability clause and an effective date. The Planning and
Zoning Commission recommends approval (6-0). The Historic Landmarlc
Commission recommends approval (5-0). (DCA12-0008, P�ocedu�es fo�
Ce�ti�cate ofApp�op�iateness Review)
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving an Alternative Environmentally Sensitive Area (ESA)
Plan to deviate from Subchapter 35.17.8 (Riparian Buffer and Water Related
Habitat Development Standards) of the Denton Development Code, on
approximately 19.87 acres of land within a Neighborhood Residential Mixed Use
(NRMU) zoning district classification and use designation, located at the
southwest corner of Mingo Road and Nottingham Drive within the City of
Denton, Denton County, Texas; providing for a penalty in the maximum amount
of $2,000.00 for violations thereof; providing a severability clause and an
effective date. (E,SA12-0009) The Planning and Zoning Comnussion recommends
approval, subjectto conditions (6-0).
C. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving a Specific Use Pernut to allow a multi-fanuly
development on approximately 19.87 acres of land within a Neighborhood
Residential Mixed Use (NRMU) zoning district classification and use designation,
located at the southwest corner of Mingo Road and Nottingham Drive within the
J. Lilly survey, in the City of Denton, Denton County, Texas; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof; providing a
severability clause and an effective date. (,S12-OOO l) The Planning and Zoning
Commission recommends approval, subject to conditions (6-0).
7. CITIZEN REPORTS
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
City of Denton City Council Agenda
Febniary 5, 2013
Page 13
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be talcen, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a renunder about an upconung event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of , 2013 at o'clocic
(a.m.) �P.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE 1N
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMM[_JNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-
TX SO THAT A SIGN LANGUAGE 1NTERPRETER CAN BE SCHEDULED THROUGH THE
CITY SECRETARY' S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Planning and Development
ACM: John Cabrales ��
SUBJECT
Receive a report, hold a discussion, and give staff direction on an update to the Tree Tnist
mitigation option of Subchapter 35.13.7.A.7.f of the Denton Development Code.
PROPOSAL
Staff will provide an update on the Tree Tnist tree mitigation option currently stipulated in the
Denton Development Code (DDC) Section 35.13.7.A.7.f. Staff has contacted a potential
contractor, has met with Purchasing Department personnel and met with Legal to begin the
hiring process for selecting a contractor.
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 Tnists,
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.
On October 16, 2012 staff inet with Council to discuss hiring a contractor to formalize the
processes which will allow developers to use the Tree Tnists mitigation option available in
Section 35.13.7.A.7.f of the Tree Preservation and Landscape Requirements. Council
subsequently approved and requested that staff provide continual updates as to the progress for
developing this process.
To date staff has met with both the Purchasing and Legal City departments to begin the process
of hiring a contractor. Staff has also requested an informal proposal from a potential contractor to
get an approximate idea of the total cost for developing the materials. Staff is currently seelcing
alternatives to the Tree Fund for payment of the contractor.
Staff is in the process of completing the Scope of Work to hire a contractor, and then arrange
meetings with the appropriate City departments and potential partnering organizations to begin
developing the materials. Staff will provide a status update to the City Council via an Informal
Communication before proceeding with the finalization of an agreement.
Agenda Information Sheet
Febniary 5, 2013
Page 2
Next, staff plans to complete the Scope of Worlc, secure a contract, and arrange meetings with
the contractor and appropriate City departments and partnering organizations to assist the
contractor in gathering information. The contractor will then develop a step-by-step process that
outlines how developers will utilize the tree tnist mitigation process and create an accounting
system to tracic Tree Tnist properties and Tree Credits. Once the process is developed, staff will
present the process to Council for consideration. Council will then have the opport�inity to malce
any changes or additions to the document, and once the contractor has made the necessary
requested changes, the Tree Tnist process will be presented to Council for final consideration.
Once the contractor has begtin worlcing on the Tree Tnist process document, staff will begin
worlcing on the Tree Fund citizen committee selection criteria. Table 1 lists the cities staff
surveyed to determine if an appointed ad hoc committee or a Council appointed Board or
Commission is used to malce recommendations to their respective City Council on Tree Fund
issues.
After the Citizen Tree Fund Committee members have been appointed, staff will worlc closely
with them to begin developing a matrix for prioritizing tree fund expenditures. Once the matrix
is completed, then committee members will make recommendations to Council towards Tree
Fund disbursement.
Denton
�Iesquite
Fort Worth
� es
No
No
Table 1
Tree Coininittee
Park's Board
Park's Board
Southlake No Board of Zoning &�ppeals
Agenda Information Sheet
Febniary 5, 2013
Page 3
OPTIONS
1. Authorize staff to proceed with Tree Tnist criteria development.
2. Recommend no actions at this time.
EXHIBITS
1. Exhibit 1— Map of Cross Timbers Forests in Denton
Respectfully submitted:
s,; W�
� � a��_,,��w� ���p�,P�� wr�,,�r��.�o �
� ��
Brian Locldey, AICP, CPM
Planning and Development, Director
Prepared by:
�� ����
Angie Kralilc
Urban Forester
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AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
Febniary 5, 2013
City Manager-Administration
Howard Martin, 349-8232 ����"''--
SUBJECT
Receive a report, hold a discussion and provide direction on the Hicicory Grand Street concept
plan options related to head-in versus bacic-in parlcing.
BACKGROUND
City Council on August 28, 2012 approved an engineering services contract with Michael Balcer
(Balcer) a local Denton multi-discipline engineering firm for the design of the Grand Street
proj ect. The Hicicory Grand Street (Grand Street) proj ect includes the stretch of Hicicory Street
from the Downtown A-Train Station to Locust Street (Exhibit 1). The Grand Street project
includes new pavement constniction, wider sidewallcs, improved wallcability, bringing the
sidewallcs up to ADA standards, ornate streetscape and landscape which will include street trees,
landscaped corner beds and flower pots at various intersections, benches, trash cans, pedestrian
lighting, and power supply accommodation for future growth and downtown festivals. An
irrigation system will be installed for the landscape sustenance. The water, wastewater, and DME
improvements will be completed before pavement constniction begins for the Grand Street. The
utility departments will fund their respective utility improvements. In addition the parlcing lot
located across the Wells Fargo Banlc is also being redesigned.
Balcer has completed the conceptual design of the Grand Street, and the redesigned the layout of
the parlcing lot across Wells Fargo Banlc. These are included in the attached power point, Exhibit
2. The conceptual layout is based on the DTIP (Downtown Implementation Plan) report prepared
by Jacobs, and then further embellished by a traffic operations study of the DTIP area by Freese
& Nichols. The Hicicory Grand Street cross-section from the Jacobs report is included in Exhibit
2 for reference. The concept plan includes options for Head-In and Bacic-In parlcing. Staff will
make a presentation of the concept plan, the pros and cons of the two parlcing concepts, present a
video of the Back-In parlcing in Austin, and seek input from the City Council.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
December 7, 2010: Council approved the contract with Freese & Nichols, Inc. for the Phase 2 of
the DTIP Traffic Operations Study
August 28, 2012: Council approved the engineering and design services contract with Michael
Balcer Jr., Inc for the design of Hicicory Grand Street.
EXHIBITS
1. Map
2. Power Point
Resaectfullv subnutted:
����
P. S. Arora, P.E
DRC Engineering Adnunistrator
* � �
Map — Exhibit 1
.
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es o a c
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AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Fire Department
ACM: Jon Fortune �
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, approving a Second
Amendment to the Meet and Confer Agreement between the City of Denton and the
Denton Fire Fighters Association, IAFF Local 1291 and providing an effective date.
BACKGROUND
On Augtist 7, 2012, the City Council passed an ordinance to adopt and approve a First
Amendment to the Meet and Confer Agreement between the City of Denton and the
Denton Fire Fighters Association, IAFF 1291 which essentially extended the 2009-2012
Meet and Confer Agreement two (2) years. Since the passage of the First Amendment, the
Fire Department has determined that an amendment is necessary to replace the Assistant
Fire Marshal position with the Deputy Fire Marshal position. Management believes this
change will benefit the organization and effectiveness of the Fire Department by
clarifying the roles and responsibilities of the members of the Fire Prevention Section.
The City and Denton Fire Fighters Association have mutually agreed through a document
entitled "Second Amendment to Meet and Confer" to amend Article 2 of the Base
Agreement as part of the Second Amendment to eliminate requiring a vacancy to occur in
the position of Assistant Fire Marshal to trigger its elimination and replacement with the
new position of Deputy Fire Marshal effective Febniary 16, 2013. Basically, the Assistant
Fire Marshal position is eliminated and the Deputy Fire Marshal position filled. There is
no net gain in numbers because one classification goes away and the new classification
goes into effect after being filled.
In addition, the Second Amendment corrects a salary issue for the Fire Recniitment
Management Analyst position. The original agreement established this position at the Fire
Captain ranlc; however, it did not allow the position to go through the same steps as the
Civil Service pay plan for Fire Captain and restricted it to the first step in the pay plan.
The Amendment establishes the Fire Recniitment Management Analyst position as
eligible to proceed through the step pay plan equivalent to a Fire Captain.
PRIOR ACTION/REVIEW
This Second Amendment to the Meet and Confer Agreement between the City of Denton
and the Denton Fire Fighters Association, IAFF Local 1291was ratified by a vote of the
members of the Denton Fire Fighters Association, IAFF Local 1291 on January 30, 31
and Febniary 1, 2013.
Agenda Information Sheet
Febniary 5, 2013
Page 2
FISCAL IMPACT
There will be no additional fiscal impact due to the fact that all authorized positions will
be funded in the FY 2012/2013 budget.
If you have any questions, please call Fire Chief Chadwicic.
EXHIBITS
Ordinance
Amendment to Agreement
Respectfully submitted,
��!�.. °--�
Ross Chadwic� l�c��
Fire Department
� � �� . Z;�dinencesU3\Second Amendment to Fire MC Contract.doc �. � � � � . � . � . � � � � � � � � �
. . . . . . . . . .. . � . .
. . . � . . .. .. . . . . . . ..
II .. .. . . . � .. � �. . . � . . .� . � .� .. . .
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SECOND
AMENDMENT TO THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF
DENTON AND THE DENTON FIRE FIGHTEIZS ASSOCIATION, IAFF LOCAL 1291 AND '
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 7, 2012, the City Council passed Ordinance No. 2012-157,
adopting and approving a First Amendment to the Meet and Confer Agreement Between the City
of Denton_and the Denton Fire Fighters Association, IAFF 1291; and
WHEREAS, since the passage of Ordinance No. 2012-157, the Fire Department has
determined that this ordinance needs to be amended to replace the` Assistant Fire Marshal '
position with the Deputy Fire Marshal position; set base salary, assignment pay and pay steps for
the Deputy Fire Marshal position; and provide for pay steps for the position of Fire Recruitment
management Analyst: all effective February 16, 2013; and
� WHEREAS, the City and ` the Association ha�e mutually agreed in writing through a
document entitled "Second Amendment to Meet and Confer Agreement" to amend Article 2 of
the Base Agreement as parY of this Second Amendment to eliminate requiring a vacancy to occur <
in the position of Assistant Fire Marshal to trigger its elimination and replacement with the new
position of Deputy Fire Marshal effective February I6, 2013; and
WHEREAS, the parties intend to amend the Base Agreernent to provide that the base
salary for the new position of Deputy Fire Marshal shall be equal to the base salary of a Battalion
Chief, shall receive assignment pay, and shall be eligible for step pay effective February 16,
2013; and
WHEREAS, the parties agree that the salary of Fire Recruitment Management Analyst
will continue to be at the Fire Captain rank but agree it wi1T not be restricted to the first step only
in the pay plan, but the current incurnbent will be placed in Step 2 effective February 16, 2013,
and will be allowed to proceed through the step pay plan equivalent to a the Fire Captain with the
accumulation of ' time in rank for the Fire Recruitment Management Analyst position
commencing Apri12006 for this position only; and
WHEREAS, the City Council finds that is in the best interest of the citizenry to accept
the Second Amendment to Meet and Confer Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF bENTON HEREBY ORDAINS:
SECTION 1. The Second Amendment to the Meet and Confer Agreement is approved
hereby and the City Manager, or ' his designee, is hereby authorized ` to execute a Second
Amendment to the Meet and Confer Agreement between the City and the Denton Fire Fighters
Association, IAFF Loca11291 to be effective February 16; 2013, in substantially the same form
and content of the Second Amendment to the agreement attached hereto and made a part of this
ordinance for all purposes.
Page 1
,:, ;
� . � _ ._.Z:�dinencesU3\Second Amendment to Fire MC Contract.doc � . � � � � . :. � . � � . � � . � � � � � � ' .
SECTION 2. This ordinance shall be effective immediately upon its passage and
aPProvaL
PASSED AND APPROVED this the day bf , 20I3.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY'
�
BY: �
Page 2
,., >. v . �
,
SECOND AMENDMENT TO
MEET AND CONFER AGREEMENT
THIS SECOND AMENDMENT TO THE MEET AND CONFER AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON FIRE FIGHTERS ASSOCIATION,
IAFF Local 1291 effective the lst day of October, 2009, (`Base Agreement") by and between
The Denton Fire Fighters Association, IAFF Local 1291 and the City of Denton, Texas, a Texas
Municipal Corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as
"City" and the "Association" and the City and the Association collectively referred to as the
"Parties."
RECITAL S
Whereas, the Parties entered a Meet and Confer Agreement effective October 1, 2009
referred to as the `Base Agreement" which currently remains in effect and continues to reflect
the intent and desire of Parties; and
Whereas, the Base Agreement was set to expire September 30, 2012, but the Parties
Amended the Meet and Confer Agreement effective August 7, 2012, amending Article 14 and
Article 9 which continues the Base Agreement in effect and continues to reflect the intent and
desire of the Parties; and
Whereas, Article 15, Section 1 of the Base Agreement provides for amendment; and
Whereas, the Parties intend to amend Article 2 of the Base Agreement as part of this
Second Amendment to elinunate requiring a vacancy to occur in the position of Assistant Fire
Marshal to trigger its elimination and replacement with the new position of Deputy Fire Marshal;
and
Whereas, the Parties intend to amend the Base Agreement to provide that the base salary
for the new position of Deputy Fire Marshal will be equal to the base salary of a Battalion Chief,
and shall be equivalent in eligibility for step increases; and
Whereas, the Parties agree that the salary of Fire Recniitment Management Analyst will
continue to be at the Fire Captain ranlc but agree it will not be restricted to the first step only in
the pay plan. The Parties further agree the current incumbent will be placed in Step 2 as of
Febniary 16, 2013, and will be allowed to proceed through the step pay plan equivalent to a the
Fire Captain with the accumulation of time in ranlc for the incumbent commencing April 2006
for this position only; and
Whereas, the Parties agree the amendment will become effective the first day of the pay
period following approval of this agreement by the City Council on Febniary 16, 2013; and
Whereas, the Parties mutually intend to amend and hereby mutually agree to amend the
Base Agreement as follows:
TERMS of AGREEMENT
SECTION 1. Amendment eliminating requirement that a vacancy occur to trigger the
elimination of the position of Assistant Fire Marshal and create the position of Deputy Fire
Marshal.
Article 2 titled "TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED
POSITIONS" of the Base Agreement is hereby amended in Section 3(D) to read as follows:
Section 3. New Fire Prevention Division Titles and Ranks.
(D) Assistant Fire Marshal Position Replaced by Deputy Fire Marshal
Position.
(1) Classification. Pursuant to the 2006-2009 Agreement, the Assistant
Fire Marshal was classified in place. This classification is now hereby elinunated
and replaced with the classification of Deputy Fire Marshal. The Deputy Fire
Marshal position will be filled by the Department head according to section 3 F(1)
of Article 2. The Parties agree there is no entitlement to filling the position of
Assistant Fire Marshal as it is now eliminated and that no violations exist under
law or under the Base Agreement and none will be asserted.
(2) Base Salary for Deputy Fire Marshal. The base salary for Deputy
Fire Marshal shall be equivalent to the Battalion Chief's base salary and shall be
equivalent in eligibility for step increases.
(3) Assignment Pay. The Deputy Fire Marshal shall receive $600 per
month assignment pay.
SECTION 2. Amendment removing limitation on Fire Recruitment Management Analyst
Step Plan.
Article 2 titled "TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED
POSITIONS" of the Base Agreement is hereby amended in Section 4(B) to read as follows:
Section 4. Fire Recruitment Management Analyst.
(B) Base Salary for Fire Recruitment Management Analyst. The base salary
for Fire Recniitment Management Analyst shall be calculated to be equivalent to
the ranlc of Fire Captain and shall commence at the first step and proceed through
the pay steps. The current incumbent only shall be placed in the step plan at step
2 as of Febniary 16, 2013, and is eligible to proceed through the step plan with the
accumulation of time in ranlc for the incumbent commencing April 2006 for this
position only.
2
The foregoing instniment has been duly negotiated, reviewed and approved by each of the
signatories indicated below:
THE DENTON FIRE FIGHTERS ASSOCIATION, IAFF Local 1291
(Ratified by the DFFA Membership on of , 2013)
I�
I�
PRESIDENT, DENTON FIRE FIGHTERS ASSOCIATION
SECRETARY, DENTON FIRE FIGHTERS ASSOCIATION
CITY OF DENTON, TEXAS
(Approved by Denton City Council on of 2013)
I:•
I:•
I�
GEORGE C. CAMPBELL
CITY MANAGER
JENNIFER WALTERS
CITY SECRETARY
ROSS CHADWICK
FIRE CHIEF
APPROVED AS TO LEGAL FORM:
I�
ANITA BURGES S
CITY ATTORNEY
-,
�
Dated:
Dated:
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Fire Department
ACM: Jon Fortune �
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No.
2012-268 to prescribe updated titles and number of positions for certain classifications of Fire
Department personnel; providing repealer, cumulative and severability clauses; 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. The City Council last approved the authorized number of Civil Service
positions by Ordinance 2012-268 which was passed on October 16, 2012. 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.
Fi�e Depcc�tment:
The Fire Department's Fire Protection Engineer Associate has retired at the end of 2012. Based
on the current Meet and Confer Agreement, Article 2, Section 3, (C) Fire Protection Engineer
Associate, (1) Classification: "This classification will continue but will be eliminated when
vacated and replaced with the classification of Fire Protection Specialist." Therefore, this
necessitates a change in the authorized Civil Service positions by eliminating the Fire Protection
Engineer Association classification and adding one (1) to the Fire Protection Specialist
classification. There is no net gain in numbers because one classification goes away and the new
classification goes into effect after being filled.
In addition, the City and Denton Fire Fighters Association have mutually agreed through a
document entitled "Second Amendment to Meet and Confer" to amend Article 2 of the Base
Agreement as part of the Second Amendment to eliminate requiring a vacancy to occur in the
position of Assistant Fire Marshal to trigger its elimination and replacement with the new
position of Deputy Fire Marshal effective Febniary 16, 2013. If the City Council approves this
amendment on Febniary 5, 2013, they must in t�irn authorize the correct number of Civil Service
positions by amending Ordinance 2012-268. Essentially, the Assistant Fire Marshal position is
eliminated and the Deputy Fire Marshal position filled. There is no net gain in numbers because
one classification goes away and the new classification goes into effect after being filled. The
total number of authorized Civil Service positions in the Fire Department remains 163.
FY2012-2013 FY2012-2013
CLASSIFICATION NUMBERS NUMBERS
Ordinance 2012-268 Revised Ordinance
Fire Chief 1 1
Deputy Fire Chief 1 1
Fire Marshal 1 1
Battalion Chief-Operations 6 6
.,--:-a_ a �:__ ..___�_� 1 0
Deputy Fire Marshal 0 1
Emergency Management Program Manager 1 1
Fire Recruitment Management Analyst 1 1
Captain 25 25
1 0
Fire Protection Specialist 0 1
Driver 42 42
Fire Inspector Specialist I 5 5
Fire Inspector Specialist II (vacant) 0 0
Firefighter (and Recruits) 78 78
TOTALS 163 163
Police Depcc�tment:
There have been no changes in the Police Department's authorized positions since the adoption
of Ordinance 2012-268 on October 16, 2012.
2012/2013 2012/2013
CLASSIFICATION NUMBERS NUMBERS
Ordinance 2012-268 Revised Ordinance
Chief of Police 1 1
Captain 3 3
Lieutenant 8 8
Sergeant 16 16
Police Officer (and Recruits) 128 128
TOTALS 156 156
FISCAL IMPACT
There will be no additional fiscal impact due to the fact that all authorized positions have been
funded in the FY 2012/2013 budget.
If you have any questions, please call Fire Chief Chadwicic.
EXHIBITS
Ordinance No. 2012-268
Respectfully submitted,
,��_-------�
Ross Chadwicic
Fire Department
Z:10rdinances\12\position classification ordinance.doc
ORDINANCE NO. 2� 12-26g
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE NO.
2010-293, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF
POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS 1N EACH
CLASSIFICATION OF FIRE FIGHTER; PROVIDING A REPEALER CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, on November 16, 2010, the City Council passed Ordinance No. 2010-293,
adopting and approving a schedule of Authorized Positions which relates to compensation and
classification of police officers and fire fighters; and
WHEREAS, since the passage of Ordinance No. 2010-293, the Police Department and
Fire Department have determined that this ordinance needs to be amended to more correctly
reflect the total number of Police Department and Fire Department positions; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby adopts and approves a schedule prescribing the
number of positions for each classification of police officer and fire fighter in the City of Denton,
attached hereto and incorporated by reference herein as Exhibit "A."
SECTION 2. Ordinance No. 2410-293 is hereby repealed.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
! �/J
PASSED AND APPROVED this the � day of (�L ��(,� �� , 2012.
UGI-�S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: -
APP VED TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
' � i� �
.
Z:10rdinancesU2\posi[ion clnssification ordinance.doc
EXHIBIT "A"
Fire Department:
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 1 1
Mana er
Fire Recruitment Management 1 1
Anal st
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) D O
Firefighter (and Recruits) 76 78
TOTALS 157 163
Police Denartment:
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
Page 2
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2012-268 TO PRESCRIBE UPDATED
TITLES AND NUMBER OF POSITIONS FOR CERTAIN CLASSIFICATIONS OF' FIRE
DEPARTMENT PERSONNEL; PROVIDING REPEALER, -CUIVIULATIVE AND
SEVERABILITY CLAUSES;AND bECLARING AN EFFECTIVE DATE. '
WHEREAS, on October 16, 2012, the City Council passed Ordinance No.2012= 268,
adopting and approving a schedule of Authorized Positions relating to classification of police
officers and fire fighters; and
WHEREAS, since the passage of Ordinance No. 2012- 268, the Fire Department has
updated the titles and number of positions 'designated for certain classifications of Fire
Department personnel and have submitted the revisions to the City Council for review and
approval based on the Department's determination that these changes are in the Dep�rtment's
best interest; and
WHEREAS, the Denton Fire Fighters Association, IAFF Local 1291 with whom the City
is a party under the Meet and Confer Agreement, agrees with the revisions as reflected in the
Second Amendment to Meet and Confer Agreement which the City Council has ratified and
adopted by Ordinance No. ; and
WHEREAS, the City Council has considered these updated classification titles and
numbers and has found these changes to be in the City's best interest and accordingly has
determined that Ordinance 2012-268 should be amended to reflect the revised classification titles
and total number of Fire Department positions.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Ordinance No. 2012-268 is hereby amended as provided herein. ' '
SECTION 2. The City Council hereby adopts and approves a schedule prescribing the
revised titles and number of positions for the following Fire Department Classifications for
FY2012-2013, as shown in the chart attached hereto and incorporated by reference herein as
Exhibit ,�A:��:
SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the
City of Denton, Texas, except where the provisions of the ordinance are in direct conflict with
the provisions such ordinances, in which event the conflicting provisions of such ardinances are '
hereby repealed.
SECTION 4. It is hereby declared to be the intention of the City Council that thE phrases, '
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase,
clause sentence, paragraph or section of this ordinance shall be declared' unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council withouf the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph ,
or section.
Section 5. This ordinance shall become effective immediately upon its passage and
approval as provided by 1aw.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST: :
JENNI�ER WALTERS, CITY SECRETARY :
BY:
APPROVED AS TO LEGAL FORM: '
ANITA BURGESS, CITY ATTORNEY
�� �
BY: ,.
Exhibit A
CLASSIFICATION FY 2012-2013 As of February 16, 2013
su erceding column 1
Fire Chief 1 1
De' uty Fire Chief 1 1
Fire Marshal 1 1
Battalion Chief — O erations 6 6
n��:n+>,,,+ �;,.o r�.,r��,.,� 1 p'
De uty Fire Marshal 0 1
Emergency Management 1 l
Pro ram Mana er
Fire Recruitment Management 1 1
Analyst
Ca tain 25 25
Fire protection Engin�er 1 1
Associate
Fire protection Specialist 0 0
(vacant)
Driver 42 .42
Fire ins ector Specialist I 5 5
Fire inspector Specialist II 0 0
(vacant
: Firefi hter and recruits) 78 78
TOTALS 163 163
>._
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Parks and Recreation
ACM: John Cabrales �`�i
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of the 35 Denton
Music Festival sponsored by 35 Denton LLP. The event will be held in Williams Trade Square
and on Industrial Street and Hicicory Street beginning on Friday, March 8 from 4 to 10 p.m.,
Saturday, March 9, from 2 to 10 p.m. and Sunday, March 10, from 2 to 10 p.m. The exception is
specifically requested to increase sound levels from 70 to 75 decibels and for amplified sound on
Sunday. Staff recommends approval of request.
BACKGROUND
The sixth annual 35 Denton (formerly lcnown as NX35 and 35 Conferette) is a four-day music
conference featuring approximately 250 acts from around the United States. The event talces
place at several participating venues in the Denton Downtown area.
On Thursday, all musical concerts will be held inside local businesses. Friday through Sunday, the
outdoor concerts will be held on two stages: one located on East Hickory Street and one in
Williams Trade Square parlcing lot; Willianls Trade Square is City owned property located east of
the Wells Fargo Banlc building. On Friday, outdoor performances begin at 4 p.m. and conclude at
10 p.m. and on Saturday and Sunday from 2 p.m. until 10 p.m. 35 Denton is requesting an increase
in decibels from 70 to 75 decibels and amplified sound on Sunday.
35 Denton will feature nationally lcnown bands as well as local talent. Event organizers expect a
total attendance of approximately 5,000 at any one time.
PRIOR ACTION/REVIEW
In 2010, 2011, and 2012, City Council approved an exception to the noise ordinance for sound to
be increased from 70 to 75 decibels and for anlplified sound on Sunday for the 35 Denton event.
EXHIBITS
1. Letter of Request
Respectfully submitted:
��������
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
������ ���
Community Events Coordinator
�������:
����
�_.�;�_
�� �3W
Jan�aary 23, 2�13
Janie McLeqd
Comm€�nity Events Coordinator
City Hall �ast
fi01 E. Hickary S1:, Ste B
i�enton, TX 7b205
Dear Ms. McLeod:
35 Denton wouEd IiEce to �equest a city �arianee to ailow for live sound nat to exceed 75dba for the
folfawing dates, Marth 8-10, 2013 for the fo[lowing hours:
Friday March 8, 4-]OPm
March 9 2-i�pm
Niareh 10 2-1€�pm
7hank you for your consideration,
;
� � �
�
Marcus watson
35 benton
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Parks and Recreation
ACM: John Cabrales ��
SUBJECT
Consider approval of a resolution allowing Rooster's Roadhouse to be the sole participant
allowed to sell alcoholic beverages at the 35 Denton event held on March 8- March 10, 2013,
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 35 Denton's request to allow Rooster's Roadhouse to sell alcohol during the event.
BACKGROUND
The 35 Denton outdoor concerts will be held on Hicicory Street and the Williams Trade Square.
Rooster's Roadhouse's request is to be able to sell alcoholic beverages on City property during
the festival.
RECOMMENDATION
Staff recommends approval of the resolution and agreement as submitted, which is consistent
with agreements for other events serving alcoholic beverages.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The request to allow the sale and consumption of alcohol on City property for this event was
approved at the Febniary 15, 2011 and Febniary 21, 2012 City Council meetings.
FISCAL INFORMATION
None
EXHIBITS
1. Letter of Request
2. Resolution
3. City of Denton Agreement with Rooster's Roadhouse
Respectfully submitted:
�� �� ����
Emerson Vorel
Director of Parks and Recreation
Prepared by:
� � `c�.�
Janie McLeod
Community Events Coordinator
'� .�
��,�
�� -
� `�"�
]anuary 23, 2013
)anie €�cLeod
Comrnuni�y Events Coorciinator
City Hall East
6Q1 �. Hickory ST., S�e B
Qenton, TX 76Z��
Dear Ms. McLeod:
35 Dentan woc�ld like to request a city variance to allow the for sale af aEcohol on Williams Trade
Square for tf�e Eollowing cfates Marth 8-].0 20i3.
We are wpr[cing wit� Rlan Pierce of Rooster's Roadhause ta pro�ide this service.
Sincerely,
�� --
Marc�s Watson
35 Denton
\\codad\departments\legal\our documents�resolutions\13�35 denton alcohol sell.doc
RESOLUTION NO.
A RESOLUTION ALLOWING ROOSTER'S ROADHOUSE RESTAURANT TO BE THE
SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE 35
DENTON MARCH 8-10, 2013, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY
WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the City of Denton ("City") is the owner of the Williams Trade Square; and
WHEREAS, the City Council finds that it is in the public interest to select only one
vendor of alcoholic beverages at the 35 Denton; and
WHEREAS, Rooster's Roadhouse Restaurant (called "Rooster's") has requested that
they be the sole participant allowed to sell alcoholic beverages at this year's 35 Denton March 8-
10, 2013; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. Rooster's shall be the sole participant allowed to sell alcoholic beverages
on City property at the 35 Denton March 8-10, 2013, at Williams Trade Square located on
Hicicory Street upon the following conditions;
1, They shall be responsibie to obtain the temporary license and permit for
selling alcoholic beverages approved by appropriate state agency;
2. They shall provide the security necessary for the sale of alcoholic
beverages;
3. They shall provide general comprehensive liability insurance from a
responsible carrier, with the City as an additional insured, in the amount of
$500,000.00;
4. They shall provide Liquor/Dram Shop Liability in the amount of $250,000
per occurrence;
5. They agree to indemnify the City of Denton against any liability incident
to the selling of alcoholic beverages at the 35 Denton.
SECTION 2. The City Manager or his designee is authorized to execute an agreement in
conformity with this Resolution, which shall be substantially in the form of the agreement
attached hereto and made a part hereof by reference.
SECTION 3, This Resolution shall become effective immediately upon its passage and
approval.
\\codad\departments\legal\our documents�resolutions\13�35 denton alcohol sell.doc
PASSED AND APPROVED this the day of , 2013,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA fBU� RGESS, CITY ATTO�RNEY
t, ,�� %
r' � 4_��-
: �
BY: �' �' � C-'�'Z � � ���, � � � s ,
�
MARK A. BURROUGHS, MAYOR
Page 2 of 2
c:\documents and settingsU 08214\local settings\temporary internet files\contentoutlook\8geyyd 13\rooster roadhouse 35 denton alcohol
contract.doc
CITY OF DENTON AGREEMENT WITH
ROOSTER'S ROADHOUSE
STATE OF TEXAS
COUNTY OF DENTON
This Agreement, made this day of , 2013, by and between the
City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and ROOSTER'S
ROADHOUSE.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 1
GENERAL
The City grants to ROOSTER'S ROADHOUSE the exclusive privilege to sell alcoholic
beverages, subject to the exceptions and conditions hereinafter set forth, for the 35 DENTON on
MARCH 8- MARCH 10, 2013, to be held on city proper�ty located at Wiliiams Trade Square
and on Hickory Street. This privilege does not extend beyond the date of the 35 Denton set for
the year 2013.
ARTICLE 2
SCOPE OF SERVICES
ROOSTER'S ROADHOUSE in order to exercise the privilege to sell alcoholic beverages
must perform the following:
A. ROOSTER'S ROADHOUSE shall be solely responsible for the rental and payment for
any booth space necessary for the sale of alcoholic beverages at the 35 DENTON.
B. ROOSTER'S ROADHOUSE shall be solely responsible to obtain any temporary license
and permit necessary for the selling of alcoholic beverages at the 35 DENTON.
C. ROOSTER'S ROADHOUSE shall be solely responsible for the obtaining and paying for
any security necessary for their sale of alcoholic beverages at the 35 DENTON.
ROOSTER'S ROADHOUSE'S failure to do any of the above and to show proper proof
of compliance shall waive their right to exercise the privilege of selling alcoholic
beverages at the 35 Denton.
ARTICLE 3
LOCAL RULES AND REGULATION
ROOSTER' S ROADHOUSE agrees to abide by all municipal, county, state and federal
laws, ordinances, rules and regulations and specifically, without limitation, to obtain all
necessary and proper licenses, permits and authorizations, and to comply with the requirements
of any duly authorized person acting in connection therewith. ROOSTER'S ROADHOUSE shall
pay all taxes, if any, of every nature and description arising out of or in any manner connected
with the sale of alcoholic beverages.
ROOSTER'S ROADHOUSE will exercise reasonable care and due diligence in their sale
of alcoholic beverages at the 35 Denton.
ARTICLE 4
INDEMNITY AGREEMENT
ROOSTER' S ROADHOUSE shall indemnify and save and hold harmless the CITY and
its officers, agents, and employees fi•om and against any and all liability, claims, demands,
losses, and expenses, including but not limited to, court costs and reasonable attorney fees
incurred by the CITY, and including, without limitation, damages for bodily and personal injury,
death and property damage, resulting from the negligent acts or omissions of ROOSTER'S
ROADHOUSE or its officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 5
INSURANCE
During the performance of the Agreement, ROOSTER'S ROADHOUSE shall maintain
the following insurance with an insurance company licensed to do business in the State of Texas
by the State Insurance Commission or any successor agency that has a rating with Best Rate
Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less that $100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event
occurring on City-owned property where alcohol will be provided or served.
35 Denton Agreement — Page 2
C. ROOSTER'S ROADHOUSE shall furnish insurance certificates or insurance policies at
the CITY'S request to evidence such coverages. The insurance policies shall name the
CITY as an additional insured on all such policies, and shall contain a provision that such
insurance shall not be canceled or modified without written notice to the CITY and
ROOSTER'S ROADHOUSE. In such event, ROOSTER'S ROADHOUSE shall, prior to
the effective date of the change or cancellation, serve substitute policies furnishing the
same coverage.
ARTICLE 6
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the addi•ess shown below, cet�tified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
ROOSTER'S ROADHOUSE
Alan Pierce
113 Industrial Street
Denton, Texas 76205
CITY OF DENTON:
City Manager
215 E. McKinney
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE 7
ENTIRE AGREEMENT
This Agreement, consisting of five (5) pages and exhibits, constitutes the
complete and final expression of the agreement of the parties, and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications, and agreements
which may have been made in connection with the subject matter hereof.
ARTICLE 8
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricicen provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
35 Denton Agreement — Page 3
ARTICLE 9
DISCRIMINATION PROHIBITED
In performing the services required hereunder, ROOSTER'S ROADHOUSE shall not
discriminate against any person on the basis of race, color, religion, sex, national origin or
ancestry, age, or physical handicap.
ARTICLE 10
PERSONNEL
ROOSTER' S ROADHOUSE represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such personnel
shall not be employees or officers of, or have any contractual relations with the CITY.
ARTICLE 11
ASSIGNABILITY
ROOSTER'S ROADHOUSE shall not assign any interest in this Agreement, and shall
not transfer any interest in this Agreement (whether by assignment, novation, or otherwise)
without the prior written consent of the CITY.
ARTICLE 12
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modiiication shall be offered or received in evidence
in any proceeding arising between the pat�ties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE 13
MISCELLANEOUS
A. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the State
of Texas.
B. The captions of this Agreement are for informational purposes only, and shall not in any way
affect the substantive terms or conditions of this Agreement.
35 Denton Agreement — Page 4
, i
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and ROOSTER'S ROADHOUSE has executed
this Agreement through its duly authorized undersigned officer on this the �-/-, day of
1a.,�,��u ,2013.
CITY OF DENTON, TEXAS
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:'
APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
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35 Denton Agreement — Page 5
ROOSTER' S
/�
BY:
ALAN PIERC . OWNER
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
Febniary 5, 2013
Materials Management
Bryan Langley
��
Questions concerning this
acquisition may be directed
to Franlc Payne at 349-8946
Consider adoption of an ordinance rej ecting any and all competitive bids for the constniction of
the US 380 Utility Relocations project for the City of Denton; and providing an effective date
(Bid 5122-US 380 Utility Relocations). The Public Utilities Board recommends approval (5-0).
BID INFORMATION
This action item is for the rejection of all bids received on Bid 5122. A detailed explanation of
the bid is included in the attached Public Utilities Board baciciip (Exhibit 1).
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 28, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Reject all bids submitted.
ESTIMATED SCHEDULE OF PROJECT
New bid specifications will be advertised and distributed contingent upon the City Council
rej ecting all bids currently submitted.
FISCAL INFORMATION
No impact.
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Bacictip
Exhibit 2: Public Utilities Board Draft Minutes
Agenda Information Sheet
Febniary 5, 2013
Page 2
Respectfully submitted:
�' � �-�;�- _
��`� ��___ �.
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-.�IS-Y,id �122
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM #3
AGENDA INFORMATION SHEET
AGENDA DATE: January 28, 2013
DEPARTMENT: Utility Administration
ACM: Howard Martin, Utilities 349-8232 �
SUBJECT
Consider recommendation of a rej ection of Bid No. 5122 for the Constniction of the US 380
Utility Relocations proj ect.
BACKGROUND
The US 380 Utility Relocations Project (see Exhibit 1) consists of approximately 3,8901inear
feet of sixteen (16-in) water line, S,SSO linear feet of twelve (12-in) water line, 835 linear feet of
eight (8-in) sewer line, 2,7001inear feet of eighteen (18-in) sewer line, 9301inear feet of twenty
(20-in) sewer line, and 1,4401inear feet of twenty one (21-in) sewer line paralleling US 380 from
Bonnie Brae Street to Carroll Boulevard.
Bids for the constniction phase of this project were received on December 20, 2012. There were
four bidders that submitted, one of which was deemed to be non-responsive because of a lacic of
compliance with the minimum stated qualifications in the bid documents. The remaining three
bids ranged from a low base bid of $3,393,010.00 to a high base bid of $3,823,845.50. The
Engineer's estimate for the project was $3,517,747.00. The bid summary is enclosed as Exhibit
2.
The specification governing excavation protection on this project was incorrectly written to malce
payment for this item a subsidiary cost to the pipe installation pay item. According to the Texas
Health and Safety Code Section 756.023 excavation protection must be bid as a separate pay
item. Accordingly, the bid documents for this project are considered to be invalid and all bids
must be rejected. The project will be rebid with the corrected specification and bid tabulation
sheet upon approval of the rej ection by City Council.
OPTIONS
1. Award the contract to the qualified low bidder, Dicicerson Constniction Company, Inc.
2. Rej ect all bids and rebid the proj ect.
AIS- PUB Agenda Item #3
January 28, 2013
Page 2 of 2
RECOMMENDATION
Staff recommends rej ection of all bids for Bid No. 5122 and a rebid of the proj ect. Failure to
do so would expose the City to risk in the form of a change order item or possible litigation.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
FISCAL INFORMATION
A total of $1,425,000.00 was included in the Capital Improvement Program for the wastewater
constniction of the US 380 Utility Relocations project (Hwy 380 West Phase 1 Utility
Relocations) in FY2013. Refer to Exhibit 3 for the CIl' detail sheet. A total of $3,043,000.00
was included in the Capital Improvement Program for the water constniction of the US 380
Utility Relocations project (Hwy 380 West Phase 1 Utility Relocations) in FY2013. Refer to
Exhibit 4 for the CIP detail sheet.
BID INFORMATION
Not applicable.
DATE SCHEDULED FOR COUNCIL APPROVAL
Febniary 5, 2013
EXHIBITS
1. Location Map
2. Bid Summary
3. Wastewater CIP Detail Sheet
4. Water CIP Detail Sheet
Respectfully submitted,
��,������
��
Franlc G. Payne, P.E.
City Engineer
Prepared by,
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Rebecca P. Diviney, P.E.
Engineer
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EXHIBIT I
Location Map
US Hwy 380 Utility Relocation
Bonnie Brae to Elm St.
Exhibit 2
IFB # 5122
DATE: December 20, 2012
Descri tion: US 380 Utili Relocations
No. Qt��. DESCRIPTION VENDOR VENDOR VENDOR VENDOR
JAGOE PUBLIC NORTH TEXAS PITTARD DICKERSON
COMPANY CONTRACTING CONSTRUCTION CONSTRUCTION
Principle Place of Business: Denton, TX Keller, TX Allen, TX Celina. TX
Total Base Bid "A" Water $2,38�,��9.00 $2,157,875.00 Non-Responsi��e $2,057,�53.50
Total Base Bid "B" Waste�i�ater $1,�39,395.50 $1,�05,271.00 Non-Responsi��e $1,335,556.50
TOTAL BASE BID $3,823,844.50 $3,563,146.00 Non-Responsi��e $3,393,010.00
Bid Bond YES YES YES YES
Addendum #1 YES YES YES YES
Addendum #2 YES YES YES YES
_ �
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���ibit 3 . � ��
City of Den ton � �
2013--2017 CIP Improvements �'roje�ts � -�
���b
roject Tifle: liwy 380 West Phase 9 Eltility Relacations
Descripfion: Replace and relocate existing sewer lines on �lighway 380 due to State Highway expansion of Hwy 3S0 -
from Carroll Bfvd io Bonnie Brae.
Busine5s Unit: 640200-Wastewater- Coliecct�on
Project 7'ype: Replacement
Project 5cope: MultipEe Year Project
Category Code: 038-S�ATE F[IG�iWAY FtELOCATi�NS
,... : _ ,;: . ,, ,
F Y. . -. _;� .. . ;Cost Code ': ,. . - .:', Cost Ty�e :;. , .. : Funding Source ,_ , Cornmen� ::; ,; Ainouitt;
2093 47'i10-I�SPECTfON 'i365-Other Utility Bonds $75,OC
2093 40100-CONSTRUCTION '�360-Sub Contract Utility Bonds $9,425,OD0
� 20�3 Tatal: $1,�00,�00
Pmjeci Totaf: $9,500,000
t_ __ - - . _. ... ..........._.... .. _
Thursday, Sepfem6er 13, 2012 Page 33 of 75
�
Exhibit 4 -�
City of Den ton
ZD.�3-2017 CIP Impravemer��s Pro�jects
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Project Title: Hwy 380 Wesf Phase 1 Ufilitj+ Reiocaiians .
Description: Replace and refocate existing wafer lines on Flighway 3$0 dcae to State Highway expansion o� Hwy 3S0 - firom
Carroff Bl�d tn Bonnie Brae. Line sizes 20", iG", and 12".
Business Unif: 63ff200-Watar-Distribuiion
Projecf Type: Replacement
Project Scape: Multiple Year Projecf
Cafegory Code: 038-STA`fE HfGHWAY RE�OCATIONS
�.Y: . : ; :Cost Code ;:- . ,: '. � Cos# Type . ; : Fun�iir�g Sburce ;:'. Corr�rrient:: ; �Arr�aunE. :
2013 40100-CONSTRUCTION 1360-S�b Coniract Revenve $3,043,000
2093 47710-1�$PECTION 13�5-Other Re�enue $1�8,OOD
2093 TofaL' $3,151,000
Projec�Totat: $3,'i51,000
� -- "--- ._ . __ — .�. . — - - ----- --- �
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Tuesday, May 07, 2012 Page 27 of 48
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Exhibit 2
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 28, 2013
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, January 28, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present:
Absent:
Chairman Dic1c Smith, Randy Robinson, Barbara Russell, Leonard
Herring and Phil Gallivan
Vice Chair Billy Cheelc and Lilia Bynum
Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
Closed Meeting was moved to the end of the agenda.
OPEN MEETING:
CONSENT AGENDA:
4. Consider recommendation of a rej ection of Bid No. 5122 for the Constniction of the US 380
Utility Relocations proj ect.
A motion to approve item 4 was made by Board Member Robinson with a second by Board
Member Russell. The vote was 5-0 approved.
Adjournment 10:20a.m.
ORDINANCE NO.
AN ORDINANCE REJECTING ANY AND ALL COMPETITIVE BIDS FOR THE
CONSTRUCTION OF THE US 380 UTILITY RELOCATIONS PROJECT FOR THE CITY
OF DENTON; AND PROVIDING AN EFFECTIVE DATE (BID 5122-US 380 UTILITY
RELOCATIONS).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
constniction of public worlcs or improvements in accordance with the procedures of State laws
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended
that the herein described bids should be rejected and that the said constniction project should be
re-bid; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the constniction of public worlcs or
improvements, as described in the `Bid Invitations", `Bid Proposals" or plans and specifications
on file in the Office of the City's Purchasing Agent filed according to the bid numbers assigned
herein are hereby rejected:
BID
N [_JIVIBER
5122
5122
5122
5122
CONTRACTOR
Pittard Constniction
Dickerson Constniction
North Texas Contracting
Jagoe-Public Company
AMOUNT
$2,936,810.00
$3,393,010.00
$3,563,146.00
$3,823,844.50
SECTION 2. The City Manager is hereby authorized to execute all necessary documents
for the rej ection of said bids.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
._..... �r'��.-�'---��--'`'
�
BY:
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
Febniary 5, 2013
Materials Management
Bryan Langley '�"���`
Questions concerning this
acquisition may be directed
to Franlc Payne at 349-8946
Consider adoption of an ordinance rej ecting any and all competitive bids for constniction of the
Cooper Creelc Interceptor III project; and providing an effective date (Bid 5125-Cooper Creelc
Interceptor II�. The Public Utilities Board recommends approval (5-0).
BID INFORMATION
This action item is for the rejection of all bids received on Bid 5125. A detailed explanation of
the bid is included in the attached Public Utilities Board baciciip (Exhibit 1).
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 28, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Rej ect all bids submitted.
ESTIMATED SCHEDULE OF PROJECT
New bid specifications will be advertised and distributed contingent upon the CityCouncil
rej ecting all bids currently submitted.
FISCAL INFORMATION
No impact.
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Bacictip
Exhibit 2: Public Utilities Board Draft Minutes
Agenda Information Sheet
Febniary 5, 2013
Page 2
Respectfully submitted:
� �
___
�=%��_,
�.� �
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-.�IS-Y,id �12�
Exhibit 1
PUBLIC UTILITIES BOARD PUB AGENDA ITEM #2
AGENDA INFORMATION SHEET
AGENDA DATE: January 28, 2013
DEPARTMENT: Utility Administration
ACM: Howard Martin, Utilities 349-8232 �
SUBJECT
Consider rejection of all bids for Bid No. 5125 for the construction of the Cooper Creelc Interceptor III
project.
BACKGROUND
The Cooper Creelc Interceptor III project consists primaril�T of the replacement of approiimatel�T 4,400
feet of 18 inch gravit�T sanitanT se���er ���ith a combination of ne��� 24 inch, 27 inch and 30 inch sanitanT
se���er (refer to Ezhibit 1). The project is required to increase pipeline capacit�T and eliminate ���et ���eather
sanitanT se���er overflo���s that occur during large rain events.
Bids for the construction phase of this project ���ere received on JanuanT 3, 2013. There ���ere a total of ten
bidders. The bids ranged from a lo��� base bid of $927,083.50 to a high base bid of $1,459,467.95. The
engineer's opinion of probable construction cost for the project ���as approiimatel�T $1,050,000. The bid
summanT is enclosed as Ezhibit 2. The lo��� bidder for this project, Condie Construction Compan�T, Inc.
appears to meet all of the necessanT requirements for qualification on this project.
The specification governing eicavation protection on this project ���as incorrectl�T ���ritten to malce
pa�Tment for this item a subsidianT cost to the pipe installation pa�T item. According to the Teias Health
and Safet�T Code Section 756.023 eicavation protection must be bid as a separate pa�T item. As a result,
evenT bid for this project is considered invalid and accordingl�T all bids must be rejected. The project ���ill
be rebid ���ith the corrected specification and bid tabulation sheet upon receipt of approval of the rejection
b�T Cit�T Council.
OPTIONS
1. A��� ard the contract to the qualified lo��� bidder, Condie Construction Compan�T, Inc.
2. Reject all bids and rebid the project.
RECOMMENDATION
Staff recommends rejection of all bids for Bid No. 5125 and a rebid of the project. Failure to do so ���ould
eipose the Cit�T to risk in the form of a change order item or possible litigation.
AIS — PUB Agenda Item #2
January 28, 2013
Page 2 of 2
ESTIMATED SCHEDULE OF PROJECT
March 2013 through October 2013.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
FISCAL INFORMATION
Funding for this project ���ill come from eiisting bond funds through Waste���ater Utilities. The project
numbers for this project are 640188539 and 640188540.
BID INFORMATION
See Ezhibit 2.
DATE SCHEDULED FOR COUNCIL APPROVAL
FebruanT 5, 2013
EXHIBITS
1. Project Location Map
2. Bid Tabulation SummanT
Respectfully submitted,
��,������
��
Franlc G. Payne, P.E.
City Engineer
Prepared by,
'�.�.�a.., �/,�'�-w.
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Jim Wilder, P.E.
Engineer
Exhibit 1
Cooper Creek Interceptor III Location Map
IFB # 5125
DATE: January 3, 2013
Description: Cooper Creek Intei-ceptor III
Principle Place of
Business:
Total Base Bid
Bid Bond
Addendum #1
CONDIE
CONSTRUCTION
Springville, Utah
$927,083.50
YES
YES
�x �.�di� �
�s
DICKERSON CONST. I ARK CONTRACTING
CO.1NC. SERVICES, LLC
Celula, TX
$1,022,473.50
YES
YES
Kemiedale, T�
$1,043,443:00
YES
NO
NORTH TEXAS
CONTRACTING
Fort Worth, TX
$1,109,687.00
YES
YES
W RIGHT
CONSTRUCTION
COMPANY, INC
Grapevine, TX
$1,211,258.80
YES
YES
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Exhibit 2
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 28, 2013
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, January 28, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present:
Absent:
Chairman Dic1c Smith, Randy Robinson, Barbara Russell, Leonard
Herring and Phil Gallivan
Vice Chair Billy Cheelc and Lilia Bynum
Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
Closed Meeting was moved to the end of the agenda.
OPEN MEETING:
ITEMS FOR INDIVIDUAL CONSIDERATION:
3. Consider recommending approval of Bid No. 5125 to Condie Constniction Company, Inc.
for the constniction of the Cooper Creelc Interceptor III proj ect, in an amount not to exceed
$927,083.50.
Item #3 was pulled by Staf£ Howard Martin stated that this item should ha�e had the following
caption which shows it was to be rejected not approved.
"Consider rejection of all bids for Bid No. 5125 for the constniction of the Cooper Creelc
Interceptor III proj ect."
Smith asked if items 3 and 4 are rejected for the same reason. Martin agreed. There was a
separate requirement for trench setting that didn't get separated out as a line item. It was
combined with another line item. That is why they are rej ected. Franlc Payne, City Engineer,
stated that was correct.
A motion to approve item 3 was made by Board Member Herring with a second by Board
Member Gallivan. The vote was 5-0 approved.
Adjournment 10:20a.m.
ORDINANCE NO.
AN ORDINANCE REJECTING ANY AND ALL COMPETITIVE BIDS FOR
CONSTRUCTION OF THE COOPER CREEK 1NTERCEPTOR III PROJECT; AND
PROVIDING AN EFFECTIVE DATE. (BID 5125-COOPER CREEK INTERCEPTOR II�.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
constniction of public worlcs or improvements in accordance with the procedures of State laws
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended
that the herein described bids should be rejected and that the said constniction project should be
re-bid; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the constniction of public worlcs or
improvements, as described in the `Bid Invitations", `Bid Proposals" or plans and specifications
on file in the Office of the City's Purchasing Agent filed according to the bid numbers assigned
herein are hereby rejected:
BID
N [_JIVIBER
5125
5125
5125
5125
5125
5125
5125
5125
5125
5125
CONTRACTOR
Condie Constniction
Dicicerson Constniction Co., Inc.
Arlc Contracting Services, LLC
North Texas Contracting
Wright Constniction Company, Inc
DCI Contracting, Inc.
Mountain Cascade of Texas, LLC
Jacicson Constniction, LTD
Earth BLlilders, LP
M-CO Constniction, Inc.
AMOUNT
$ 927,083.50
$1, 022,473 . 50
$1,043,443.00
$1,109,687.00
$1,211,258.80
$1,224,934.30
$1,230,189.00
$1,329,808.00
$1,428,072.00
$1,459,467.95
SECTION 2. The City Manager is hereby authorized to execute all necessary documents
for the rej ection of said bids.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:•
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY:
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Vance Keniler at 349-8044
ACM: Bryan Langley �-���
SUBJECT
Consider adoption of an ordinance awarding a contract for the purchase and installation of an
excavation, constniction, and landfill compaction control software with Global Positioning
System (GPS) hardware and associated equipment for one City of Denton Landfill compactor as
awarded by the State of Texas Department of Information Resources (DIR) through the Go
DIRect Program, Contract Number DIR-SDD-1797; providing for the expenditure of funds
therefor; and providing an effective date (File 5165-Purchase of Global Positioning System
Software and Hardware for Landfill Compactor awarded to GeoShacic North America in the
amount of $115,872.34). The Public Utilities Board recommends approval (7-0).
FILE INFORMATION
In 2003 and 2004, several pieces of the Landfill off-road heavy equipment were equipped with
Caterpillar Computer Aided Earthmoving System (CAES) GPS based hardware and software. The
installation of the CAES hardware and software enabled the Landfill Division's heavy equipment
operators to more efficiently perform their daily waste placement and compaction operations.
Unfortunately, since the initial installation of the CAES hardware and software, several issues have
surfaced. Caterpillar has not upgraded its CAES hardware and software system in several years
and they have a limited service network to provide timely service response. Customer support for
hardware issues requires removing the hardware from the machine and shipping the hardware
equipment to a Canadian subcontractor for repairs and routine maintenance. Alsq Caterpillar has
no local or regional software support and maintenance service provider. Software on-site
maintenance and service requires scheduling a technician to fly in from Peoria, lllinois. There is no
ability for Caterpillar to remotely access the software to resolve any issues. This CAES software is
not compatible with the City's computer system and must be operated on a stand-alone computer.
The Caterpillar CAES hardware and software system was depreciated over five years, and has
been in service on three of Denton's landfill machines for more than eight years. The initial
Caterpillar CAES system installed on the first machine cost $74,620 with an additional first year
annual maintenance cost of $16,024 for a total of $90,644.
Agenda Information Sheet
Febniary 5, 2013
Page 2
FILE INFORMATION (CONTINUED)
The Technology Services and Solid Waste staff have loolced at several providers of this type of
hardware, software, and GPS equipment. After reviewing and evaluating various system
capabilities and compatibility with the City's computer network, staff is recommending
purchasing and installing GeoShack North America (GeoShack) equipment on the front-line
compactor. GeoShacic has a service support facility located in Dallas, Texas and can provide an
on-site service response within 24 hours.
GeoShack's software provides data sharing between multiple machines to give the operators the
ability to coordinate their worlc. This system also gives heavy equipment operators the ability to
maintain consistent slopes for proper drainage and to gauge the level of compaction being achieved
throughout the daily taslc of processing waste. This allows the operator to achieve the maximum
economical density to conserve airspace and extend the site life.
The GeoShacic software also downloads the engineer's computer aided design (CAD) files to allow
the City to reduce the cost of ground survey control for constniction and excavation worlc at the
landfill facility. It also allows staff to record the location of waste buried each day.
The contract with GeoShack was awarded by the State of Texas Department of Information
Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1797. Purchases
through a cooperative purchasing agreement satisfy state laws to seelc competitive bids for the
purchase of goods (Local Government Code 271.102c). The DIR quote also reflects a discount off
the Manufacturer's Suggested Retail Price ranging from 4.5 percent to 19.5 percent by line item.
The quote is provided as Exhibit 1.
A residential vehicle fleet GPS based software procurement was approved by the City Council on
December 18, 2012, but this system does not have excavation, constniction and landfill
compaction control programming in its software pacicage. There is no software provider that
offers both systems in one software product.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 14, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Award to GeoShacic North America in the amount of $115,872.34. This pricing includes the five
year annual maintenance and support fees.
Agenda Information Sheet
Febniary 5, 2013
Page 3
PRINCIPAL PLACE OF BUSINESS
GeoShacic North America
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
The installation of the GPS software and hardware is estimated to be complete within 30 days of
receipt of the purchase order.
FISCAL INFORMATION
This item will be funded from Capital Improvement Project account 660608594.1355.30100.
Requisition #111765 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Quote
Exhibit 2: Public Utilities Board Draft Minutes
Respectfully submitted:
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Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-.�IS-File �16�
Exhibit 1
Prepared by:
�x �r�"i���"�. ......... Bryan Given
cverytls�"aag �ar �abvte Aeeur2cy 972-415-7942
QUOTE to:
City of Denton Landfill
1527 South Mayhill Road, Denton, Tx 76208
January 7, 2013 UNIT
L�r�dfill T�chr��l�g� Irr�pl�rr��r����i�r� ���g� 1
. . - . -
1 TOPCON LEGACY E-GPS BASE STATION 12,000.00 Topcon B
1 SPECTRA PRECISION ADL 35 WATT RADIO 3,092.00 Com. Peripherals B
1 GEOSHACK WSTALLATION AND CONFIGURATION 1,500.00 GS Services B
L�r�dfill T�chr��l�gy� Irr�pl�rr��r����i�r� ���g� 2
. .. . .. . �.
1 DENSITY MAX BASE KIT
1 CARSLSONGRADE-LANDFILLSOFTWARE
1 GEOSHACK ONE YEAR TELEPHONE AND ON-SITE SUPPORT
5 ANNUAL CARLSON MAINTENANCE (5 YEARS)
1 GEOSHACK MACHINE INSTALLATION
1 4 YEAR SUPPORT PACKAGE (1 Machinesl 40% Discount
L�r�dfill T�chr��l�gy� Irr�pl�rr��r����i�r� ���g� 3
• . . . . . �
1 CARLSON COMMAND CONTROL SOFTWARE W/ COMPUTER
5 ANNUAL CARLSON MAINTENANCE (5 YEARS)
1 GEOSHACK OFFICE SOFTWARE INSTALLATION & TRAINING
L�r�dfill T�chr��l�g� Irr�pl�rr��r����i�r� ���g� 4
1 CARLSON WIFI OFFICE NETWORK SOLUTION
1 CARLSON WIFI MACHINE NETWORK SOLUTION
1 GEOSHACK INSTALLATION AND CONFIGURATION
29,000.00 Topcon E
15,000.00 Com. Peripherals B
7,500.00 GS Services B
1,500.00 Com. Peripherals B
1,500.00 GS Services B
18,000.00 GS Services B
17,500.00 Com. Peripherals B
1,500.00 Com. Peripherals B
500.00 GS Services B
4,000.00 Com. Peripherals B
4,000.00 Com. Peripherals B
1,500.00 GS Services B
DIR SUB-TOTAL
DIR TOTAL
GeoShack DIR information DIR Contract # DIR-SDD-1797 Vender ID: 17527179315
Net 30 Days
Authorized Signature / Date
19.50%
10.50%
14.50%
4.50%
10.50%
14.50%
10.50%
14.50%
14.50%
10.50%
10.50%
14.50%
10.50%
10.50%
14.50%
Extended
9,660.00
2,767.34
1,282.50
27,695.00
13,425.00
6,412.50
6,712.50
1,282.50
15,390.00
15,662.50
6,712.50
427.50
3,580.00
3,580.00
1,282.50
$ 115,872.34
$ 115,872.34
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Exhibit 2
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 14, 2013
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, January 14, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present: Chairman Dic1c Smith, Vice Chair Billy Cheelc, Randy Robinson, Barbara
Russell, Leonard Herring, Phil Gallivan and Lilia Bynum
Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
OPEN MEETING:
CONSENT AGENDA:
8. Consider approval of the recommendation to award the purchase and installation of an
excavation, constniction and landfill compaction control software with its Global Positioning
System (GPS) hardware and associated equipment to be installed on our front-line landfill
compactor from our local vendor, GeoShacic North America, Inc. of Dallas, Texas, through
the State of Texas's Department of Information Resources (DIR), Information and
Communications Technology Cooperative Contracts Program in the amount of $115,872.34.
(File 5165).
A motion to approve item 8 was made by Board Member Gallivan with a second by Board
Member Russell. The vote was 7-0.
Adjournment 10:33a.m.
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE AND INSTALLATION
OF AN EXCAVATION, CONSTRUCTION, AND LANDFILL COMPACTION CONTROL
SOFTWARE WITH GLOBAL POSITIONING SYSTEM (GPS) HARDWARE AND
ASSOCIATED EQUIPMENT FOR ONE CITY OF DENTON LANDFILL COMPACTOR AS
AWARDED BY THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES
(DIR) THROUGH THE GO DIRECT PROGRAM, CONTRACT N[_JIVIBER DIR-SDD-1797;
PROVIDING FOR THE EXPENDITLJRE OF FLJNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 5165-PURCHASE OF GLOBAL POSITIONING SYSTEM
SOFTWARE AND HARDWARE FOR LANDFILL COMPACTOR AWARDED TO GEOSHACK
NORTH AMERICA 1N THE AMOL]NT OF $115,872.34).
WHEREAS, pursuant to Resolution 92-019, the State of Texas has solicited, received and
tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in
accordance with the procedures of state law on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described materials, equipment, supplies or services can be purchased by the City through
the State of Texas Department of Information Services Go Direct Progranl at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office
of the Purchasing Agent, are hereby approved:
FILE
N [_JIVIER VENDOR AMOUNT
5165 GeoShacic North America $115,872.34
SECTION 2. By the acceptance and approval of the above numbered items set forth in the
attached purchase orders, the City accepts the offer of the persons submitting the bids to the State of
Texas Department of Information Services Go Direct Progranl for such items and agrees to purchase
the materials, equipment, supplies or services in accordance with the terms, conditions,
specifications, standards, quantities and for the specified sums contained in the bid documents and
related documents filed with the State of Texas Department of Information Services Go Direct
Progranl, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the State of Texas Department of Information Services Go Direct
Progranl, the City Manager or his designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the written contract is in accordance
with the terms, conditions, specifications and standards contained in the Proposal submitted to the
State of Texas Department of Information Services Go Direct Program, quantities and specified sums
contained in the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. 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 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY:
3-ORD-File � 16�
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams at 349-8487
ACM: Bryan Langley '���
SUBJECT
Consider adoption of an ordinance authorizing the expenditure of funds for payments by the City
of Denton to the Electric Reliability Council of Texas (ERCOT) for Wide Area Networlc (WAN)
interconnection of the City of Denton data networlc with the ERCOT data networlc and to
maintain operational security regarding the transfer of data between ERCOT and the City;
providing an effective date (File 5057-ERCOT Wide Area Networlc Interconnection Fee in the
estimated amount of $340,000). The Public Utilities Board recommends approval (7-0).
FILE INFORMATION
National Electric Reliability Council (NERC) Reliability Standards require that Denton
Municipal Electric (DME) have a Baclaip Control Room, and that communications channels be
independent and redundant from the Primary Control Room. In order to meet that requirement,
DME has contracted with ERCOT for a second WAN connection. These two connections allow
DME to interconnect its data transfer system to the ERCOT data networlc for the sole purpose of
transferring data between ERCOT and DME, and allow DME as an ERCOT Marlcet Participant
to send data as is required by ERCOT Protocols to the ERCOT data network. ERCOT provides
the design, engineering, procurement, and installation of the equipment and facilities necessary
to interconnect DME's facilities to the ERCOT WAN.
The original contract with ERCOT was signed on December 2, 2011 for an amount not to exceed
$50,000. On September 13, 2012, the City Manager approved a$30,000 increase due to the
addition of the second WAN connection bringing the total amount expended to $80,000. DME
is now seelcing approval for a total estimated five year expenditure of $340,000.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
On December 10, 2012, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
Agenda Information Sheet
Febniary 5, 2012
Page 2
RECOMMENDATION
The ERCOT fees are billed on a monthly basis which averages approximately $5,326 per month.
Denton Municipal Electric estimates the annual cost to be approximately $68,000. Since this is
an ongoing charge with an agreement that renews automatically, staff is recommending approval
of payments for a five (5) year period in the estimated anlount of $340,000.
PRINCIPAL PLACE OF BUSINESS
Electric Reliability Council of Texas
Austin, TX
ESTIMATED SCHEDULE OF PROJECT
The ERCOT agreement automatically renews December 2, of each year unless either party
provides written notice sixty days prior to the desired termination date.
FISCAL INFORMATION
The fees are funded from operating account 600400.7899. Purchase Order 155488 has been
entered in the Purchasing software system for the current year.
EXHIBITS
Exhibit 1: ERCOT WAN Agreement
Exhibit 2: Draft Public Utilities Board Minutes
Respectfully submitted:
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Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-.�IS-File �0�7
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Exhibit 1
DRAFT MINUTES
PUBLIC UTILITIES BOARD
December 10, 2012
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, December 10, 2012 at 5:00 p.m. in the City Hall Conference Room, City of Denton
City Hall, 215 E. McKinney Street, Denton, Texas.
Present: Chairman Dic1c Smith, Vice Chair Billy Cheelc, Randy Robinson, Barbara
Russell, Leonard Herring, Phil Gallivan and Lilia Bynum
Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
OPEN MEETING:
CONSENT AGENDA:
1. Consider a recommendation of an approval of a Purchase Order for the payment of up to
$340,000 to ERCOT for the required ERCOT WAN connections between Denton Municipal
Electric and ERCOT. The ERCOT WAN Connection has a primary and a second connection
to supply independent and redundant connections for the DME Primary Control Room and
the DME Bacictip Control Room to ERCOT. The connection is used to transmit marlcet and
regtilatory required data to ERCOT for electrical system operations.
A motion to approve item 1 was made by Board Member Russell with a second by Board
Member Cheek. The vote was 7-0.
Adj ournment 6:12pm
ORDINANCE NO. 2013-
AN ORDINANCE AUTHORIZING THE EXPENDITLJRE OF FLJNDS FOR PAYMENTS BY
THE CITY OF DENTON TO THE ELECTRIC RELIABILITY COUNCIL OF TEXAS (ERCOT)
FOR WIDE AREA NETWORK (WAN) INTERCONNECTION OF THE CITY OF DENTON
DATA NETWORK WITH THE ERCOT DATA NETWORK AND TO MAINTAIN
OPERATIONAL SECURITY REGARDING THE TRANSFER OF DATA BETWEEN ERCOT
AND THE CITY; PROVIDING AN EFFECTIVE DATE (FILE 5057-ERCOT WIDE-AREA
NETWORK 1NTERCONNECTION FEE IN THE ESTIMATED AMOUNT OF $340,000).
WHEREAS, in order to comply with the requirements of the Electric Reliability Council of
Texas (ERCOT) regarding the interconnection of the wide-area networlc and operational security of
that network, the City as a"Market Participant" in ERCOT, and as a participant in such networlc, the
City (and its department, Denton Municipal Electric), is required to pay fees charged by ERCOT for
such interconnection and for the maintenance of the WAN; and
WHEREAS, the City Manager has reviewed and recommended that the City Council approve
and authorize the payment of such fees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to execute and deliver
the "ERCOT Private Wide Area Networlc (WAN) Agreement" (the "Agreement") in substantially the
form of said Agreement that is attached hereto as Exhibit "A," which is incorporated herewith by
reference.
SECTION 2. The City Council hereby authorizes the expenditure of funds by the City
Manager in the amount of $340,000 to be paid to the Electric Reliability Council of Texas (ERCOT)
as fees required by the said Agreement.
SECTION 3. The City Council of the City of Denton, Texas further delegates the authority
to take any actions that may be required or permitted to be performed by the City of Denton under
said Agreement to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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3-ORD-FILE �0�7
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Exhibit A
ERC�T Private Wide Area Network (WAN) Agreement�
This Private WAN Agreement (Agree�nent} is rnade and entered into on this first day af Jai�uary, 2012
(Effective Date) by and between Electric Reliability Co�ncil of Texas, Inc. (ERCOT), a Texa� non-
profit corporaiion ha�ing an office at 7620 Metro Center Drive, Austin, Te�as 78744-1654 and the
undersigned entity (Participant} (collectively, ihe Parties), havir�g an office at the address listed below.
1. Scope
1.1 This Agreement sets forth the terms, conditions and prices under which ERCOT agrees to allow
Participant to interconnect Participant's data trans�er system with ERCOT's data network and
facilzties �or the sole putpose of transferring data between ERCOT and Participant. This
Agreement also sets forth the terms and conditions to maintain aperational security of the
ERCOT WAN for �he secure transfer af data 6etween ERCOT and Participant.
1.2 Participant represents and warrants that Participant is a Market Participant as defined by the
ERCOT Protocals and has executed (or will timely execute prior to participation as a Markei
� Participant) all agreements required of Participant by the ERCOT Protocols {PTOtOC��S
Agreernent(s)}. This Agrecrnent shall terminate immediately and automatically upon the
termination of all Participant's Protocols Agreerr�ent(s). "ERCOT Protocols" shall mean the
document adapted by ERCOT, including any attachmenis or exhibits referenced in that
document, as amended from tiz�ne to tirr�e that contains the scheduling, operating, planning,
reliability, and settlement (including customer registratian) policies, rules, guidelines,
procedures, standards, and criteria of ERCOT.
1.3 Except to the extent provided otherwise in ihis Agreement, the terms and candifions of the
Protocols Agreement(s) signed bet�ween Participant and ERCOT shall apply and be incorporated
by reference into t�is Agreement. In the event of a confliet between this Agreem.ent and the
Protocols Agreerneni{s}, this Agreement shall control with respect to the subject matter of tl�is
Agreement.
2. Ter� of Agreernent
2.1 T�Ze initial term af this Agre�ment shall commence on the Effective Date and expire 12 months
thereafter. The term of this Agreement shall automatically renew for a successive 12-month
period on each anniversazy date of the Effective Date, unless either party deli�ers to the other
party written notice to terniinate as provided herein.
2.2 If Participan� vvishes to terminate this Ag�eezx�ent, it s�all notify ERCOT in writing of its desire
to terminate. Terrnination shall be effective no sooner than sixfy (60) days fallowing receipt of
such wr�tten notice by ERCOT.
1 Revisions to this document shall be approved by ERCOT.
EACOT Private WAN Agreement EACOT Limited
November 2011 1
s�
2.3 In �cldiiae��x tc� �ny ot��r r�n�cdies �it�C33"i' rr��y ���ve �t la� c�r i� equity, �i���T �n�y terrn�i�a�e
tkiis I��er��t %� mat�ri� �r��.cl� in �c�tar��� �r�� t�� d�f�rait pro�z�ion� ��t �`o� in t��:
Pra�c�ct��s ��c�err��nt(�}.
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ER�C3T �ae��c�s �he f�� c��` i�i.s sta�da�d ���z�ca a�reeznent. Ir� s��� ev�ia�, .�R��T s�all pa°o�vid�
P�r�icip�t ihe �p�rsr�ur�ii� tt� execu� ���uuv �i�ndttrd %s� ��r�ement r���rc�in� t�ke �ub���t
� �t�er �i' �i�i� ��r�c.rncnt.
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ER��IT'� e���sa�e� iz�.�u�e�i l��'�t�z�d�r pricar tc� �€�tic;� esf tercninatipn. I.f t�iis ��r��m.e�t.17a� �een
term�at�€� ���e�st � grc�ved ����r S��tinn �.�, �RCC1'�' rnay r����e frc�z•r� l�articz���irs ��r�zni�e�
ar�y �c�uiptnent �€�r �v�ich E1tiCd�T h�s r�c�� rec����tl �ayz�ter►t �d �'a�tticiparlt s11�11 rei����r�e
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3.2 ER��T �13�11 �r�vide, i� ac��rda��� �i�h its re�c��ab�� �i���et��� �z�d cc�rz€rc�I, �e c�esi��,
���;ir���ri���y �r�c�r����t, �n�. i�t�iiati�n c�� �� equ�p�e�� and #�cil:iiie� nec��sar� �a
z�atr�z°�:c��azl�ct Particip�.ntgs F�cit�ti�� tc� tl�� �R�'C�'�` "��AI'�. Particip�r�� �1z�J] .�°c,�a.����x�� �R�C�'T �ar
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znstal���zo� s�.a�l: nnt ex.��� t�� %� d�,.��ga.�� ir� �,1� ���QT �`�� Sc��d�a��. C���.y E�CflT-
��tha��iaeci �er��ru�� slaai� ca�.duct :n�i�ra.r� �roi���zz� c��a,��sis �nd acl�ninistr�ii�e ft�ctisz�s;
it�cl�a�iing, b�� rt�t X�it� ic�, p�c�visic�t�in�, �r��to�in�, ��e� �uc�i�in� t�i� �I���'I' ��1N.
�'artic;ip�� �ilt r�.�mb�r�c E�Z�i�T"� cc3�� af p�rfc���z�i�� c�r ���airi�� ���� ��rvices ��r mc���.th p�r
in�t�.Ila�ia�. ��xr��z� ik�� i�itz�l ���-�► ��rec�f aar�d a�y su�a�����t r�n��va1 ���n�. i�e rn�ntk�Iy casi
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�lsca r�i�alaa�rse �.R�C3`�"s ���t �f �+ovidiaa� c�r acqui�.�� ��t� ir�a�paz°� scrvic� tc� ��.rtic�p�xt,
�v��ic� �s� �.i:l� v� �cear�i.�g tc� �'��ci�a�t's :�c�c��ic�z�,
3.� �it�i re��pect "c� a�c�s t€� t�� ER��`I' 'V+T�iRT, �'�iai��z�.i r�vil� cfc�a�np�y �iti� ERGC3T's s�c�szity �nd
s�f'�t� prr�c��ur�s a�id r�uir�ments, in�ludit��A b�t �c�� l�rrzit�si i�, ���ss �s�rictti�t�s, �i�n iri, and
�.c��ra���i�ati�n r��uia°e��n�s. Partici�s�.�zt �vil.� ���s �.ca���y �vitl� ali �R�;(�T ��licies and
���eciures re���i�� �se €�f t��� FR�C??"�' �AN (a,.� suc� ps�li�i�s a�at� ��:ocec�ur.es z��ay �e a��e�c��d.
�r�� ti�� tc� t��), inc:��uclir��, bu� n�at lirnited t�, ��e cicacu��t entitled "Co�irxt�i�tin� r�if��
E��t)T,,' �li� d�ae�xr��:�% ����i�1�c� "�SE �i�al�f�aticiii '�'esti��,y' �h� �T�C�'I' �3p�ratan� �i�id�s ��c�
�I��(��` ���#€���Is.
3.� �'arti�a��nt �h�il �€�z�sist���ly z�a�at�i.� the s�c��ty Qf i�s �€�mpute� syst�ms (ir��lu�in� t�ae P�I,
�u�pc�rf ec��i�azne�f� sys�erus, tc�c�L�, �dlsa� c��.�a ��q����d ����;r ��is ��ee�aea��j i� a�crn�r�a�ce
��ri�l i��elu�� �tandards fc�r �m�ut�r ��stc:� ���u�r�ty.
���"C3"1" �ri��i� �IA2s� A�r�€�€nent �I��Ca'�` Lijnitecl
Nnvem�er 2f31� �
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��' �d�ta �e#��een �� ���' ar�d P�rti�i�ac��. �'a�icipar�t a��re�� th�t �h� ir�t��ty �� th� d�t� p�vici�ti
t��u��i t�i� G��� is �ss�tial, and �iii1 t��� ��� s��s �d �-�spc�n:szb�lity �c�r etasuri�z� �e inte�ty
t�� �ttc;% dat�.. ��ch st�ps ��ial1. incltzd�, at ��,izzit��, �rasur��zg the pr�v�nticsn caf ai�� �'�rr�c�i�
cle�t�rrz��c car�r�ectic��s by u�a�a�lx��z�d ��c�ns ar �r�s�i;�a�c��� f�r��,� �art�capant'S n�t�ar� ta
the ���C"31� i�'�� ce�rin�ctici� p�ix�t. ���c�.iiar�y, �axti�z��.nt'� syst�s� mus� deny an�
cc���n���i�t� �i�l� P�rtici��r�t's in#e�n�t accc;s� �c�i�it �s� unau��s�ri:��d p�c�n� �az• or�az��ra�ar�z�s_
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�hi� A�r�er�Bent �r �RC�i"� s�curity proc�d�-�s �t�. r€�taire€i��n�s, �R�i�`I' a�aay �art��i.�it
�'��ic���€��lt °fr�rn trat��f�ran� s��.t� �si�:� th�'i�A�e�.
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�f t�e �n��au��r syst�an sh�li t�e; o� �us� �� �a�sic�cliax� �f t�i� c��}��ter s�s�rr� t.c� t�k�
c�r�ar��ci�Ii�r r��sci�a�sl� ����s�res tt� �v��f �i��.�i�c�ri��d a��ess �� suc� in�'axz����i�z1 b�� c�i��rs
. �srha have a�c�s� t� �l�t �c��np�t�r syst�rr�. ���% P��t� ��i-�.� ��t ii, �ts e�n�Iay�s� a���►�s arid
r�res�zat�ti.v�� ��ao .��ve acc�ss t� �t� �����ut�x s�st�:zaas �t it� �aci�iti:�s urill nc�t use tlxe t�'.��
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�'arty €�r ir�f€�rrnatic��� ���. third p�rty �h�t rnay r�si�l� r�s� �h� c���er Party's ��z�puter sy�t��.
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4.1 A� par°k r��' ��� �.t��l' A�S�S�ie��'tc�ia, i'a�-ticiga��t l�a� �rsavid�d E�C'�T cant��.t in�'c���snatic�n fc�r
�et���l� ���i�te���r,� ��d �rias����rn�nt. P��:i�zpa��t ��y ck�a��� s��l� ccs�t�ct in��,�•rz��ti��. I�y
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A�ree�ae�.k.
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�����y ��' ��r�i� tc� ��� �1�.� us�rs. ��rti�ip�nt s��l� �ap�t'�te �v��� E��(�T in the testin� af
ir�t�r�c��.��etia� �c� Y�3e �r�N an� in fi�� pr�v�tian. �r e,carrec�ti�a� c�# c�isr�p�icarc �r l�ss c�� sent�ce
���r tl�e ��%7.
4.3 �RCt�T ���es tz� pxcav�de Part��i��t r��c?nabl� �,vritt�a� r��tice �f c�aaa���� izz tlae i.r���zrr���t��n
z��ce�s�ry �`car the �ar�,s�i�sio� �� ro�iir�� �a�° �iat� �sirr�g E�G{�'�"s f�c�lzti�s s�� �et�vo��CS, �� w�ll
�s at��r c�art�e� t1�at t�ffec� t�� inter�t�era���ity �f thos� r��pec�ive f�ci�itie� a�z� n�ts�ar�s.
4.� �'arti�i�an.t a�r�es tc� �t�t��� t�e EI�C�'�" ���lp I��� �rn�r��di�.t��y o£ �y i�trusic�n c�r vinzs c�cnt
�vit��a� ats netwc�r� �ar �ystez�.� cc���ecCeci tca the .�R���` �V,€�� sc� ��ai �i��E�`�° �� t��cc sic�ps �Q
�ns�r� t�� �r����rr�y �sf° i�� r��t c�f th� �fitAN.
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�.1 Paz-#������t agr�es ta x�a�burs� ERCt�'�` tc�r Elt�f.�T's �x}�ecasses izacuz��d i� t�e desi�n,
engi��erir��, �r�cure�����, and ir��t�liatis�r� c�f eq�iprn�nt �ti �a�zlit�es h��-��a�der. �?�.rtic;z����
�tG€�T Pzivai� W �N t��rr�m�nt ���CQ"3' Limztecl
Nav�Atzber �i�l i �
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C��i�r a�,�-ee� t� �s�iy �I�.�C}� fvr an� aa�ciit�c��ai s�ri�es z°�dered b� E��t�T` �.uari�r this
�,�;re�rn�a�t; tc� ��� ��t�z�� �u�� e���s�� �nd c��r��rs ar� ���s��t �ursa��t tc� ��ctic�� 3.2.
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��c�ic�� �.2 ur�e��� ��s �gr�e���nt, �n� ����i�a�rl� t��s, ��ri €�tther c���s ar ch�r.��s t�iai �e t�a�
respra����iiit� c�i �'ar�i�p��at, but �w�r� i�c�rr�i b� ���t�T. P�yr��ent i� ��e c�i�E�i� �� d�y,s ��
r���ipt of �� �i�l.
S.� ��yz���ts �h�ll �� r��r�� �ifi��;z� ��r€��� b� cir�� �r �vir� ���nsf�r� a� ��t-e�� ����; by fi1z� p�rfia�s.
In�ere�t shali �c�ae vn �� p�s� �u� �c�un� at th� I�s��r a�: ��} �.�°A� �a�r a�a�uz�, csr �) tt��
m€�xirn�rs� r��� ��z�z�te� t�� ��l�cable la��. ii' ��icz��tat �'ail� ta �n�ke ���a�z�t wi���in 3(3 �ays
c�f r�cei�� of �h� biil, LR��T rri�.�, �� �ts a�at���� t�r�in��� �i� A��ec��n�nt.
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CT�%��h T�iS �t��E����`�`.
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acs:��s i� ��� ��%�r .Pa�y's ��rn�s���r �ys�err�s, ��i �°�art��r, �h�t th�� e�is�s i��� ��sibi�i�y tl��t
�u�� th�r�i ���s r:��y �tt�rr�pt azriauiii�r��d ar�ess t�s th� �c�Yr�p�t�x sy�tems c�i i�%���ic�n
th�r��n, t�a�t �am�aut�r vi�use� r��y be �a�sm'ritsd, ancl tl��t da�r�a�e mi�� r�suit tc� a Aarty's
�arn�uter syst��s c�r d�ta �h�;��r� �t ��� �� cc��:�de��iialiiy ��' � P�r�'� infa�rz�fiar� t�a�
�hereby be brea.ch�c�: �,�CC)�:[7I.1��L�� ��C��i k'.�t.'I`� �H�I.io B� ��L�L� �l�:C?
���Lt,T��V�L� ���P�}7�i�I�L� �C�R ��,�°�"��,4.RDIi�� [i"� (�� �C��F%X`�`�i� �i'�'�`���
AI�L� I�l�c�}l�l�i1�TI�I�1 TI-�EI��l.�1�T �R��vI ��_I�� �i�A�3'I'k���IZ�D ������ �R D�;NI�.GE
. �C��7���C� `����IJG� THE T1�T��,��i�NEC'�`TON �I���� EI�.�C�T ���►L��.� �`�t�
l�iC"i�:�;��?f[:E%IT �1��L1 �f�R '�`�� A�`�'���1� U� �`�S E1�PI..Q�.��, �1�r��'Sy �1�1�3�3
R��'R:����TA'�"�V�S ���3 C.��� Ii"S �C7I���'[:iT��. �Y�TE� a.
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A�re���n� s�i�11 be �� ��za�, a�aci ��all b� cle�zr�� d��i�r��ed ti�re� day� ���r b�r�� c��p�site�9. i� tlx�
�.�, ra��i,1,, �'ir�i c�ass �Z�sfi��� �Sr�r�idy re��st�:red ��r certi��d) rnazl, ret�rn recei�t rec�u�si�cl, �c�dress�� fio
ih�: ot��t��r Part� at th� �dt�a°�s� ��c�c�f�d in t1�s �gr�����ent nr �h�il b� s��e��� ��liv�r�€� �an ihe c�z�,y a�
��c�i�it if�eiit iii �7�s�kl�;�r �az���er r�q�i�it��; a�i��d r���i�t, �u�l� �s ct��uie�' c�elzv�ry c�r �eder�i �xpr��
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refe�irsg ��eci�'i�l.ly tc� this Agre�;tn��e I'�rti�ip�t�t 2�ay �han�e its acitire�� far sucl� :noti�;es ��
���a�a�i�tin� � �c�#z�c c�f C�an�;� �.�` �r��'az��t�o�a ��� fics ��.�Qi` and ref�rring ���cifically tc� �is
��r�rr�eni.
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u��d�.�rst�nt�ir�gs, pr€��.�s��s c�r �t��t�kin�;s} t�t�l or ��ri�t�t�; u�ifila z��.�pect tc� the ��Sj�.tt rr€att�'
�x�r�ss��F ��t f��t� �t�ret�.
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rc�iu��c�. tc� �vr��i�� �s�d sig��d b�r ��u��ir�zeci r�srr���tati�+� �rf the �ariy �r�u�ht to be t��und,
�c�f� �a��s�rn u��c��� .�ign�tu�°� crpp�r�t�s lael�� �'e�r��rzts crncl svr�a��°arats i�a�t h� c�r s1z� �a�;r crxatl���rgty t�
binc� tlx� �r��•ty �;� �u#�c�s� �ehr� ��t� nr �h� �a�� ����t��l this �gf-e�m��zt.
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5
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
Febniary 5, 2013
Materials Management
Bryan Langley �°��
Questions concerning this
acquisition may be directed
to Terry Kader at 349-8729
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute a contract through the State of Texas Smart Buy Program for the purchase of
a Bucicet Tnicic for the Electric Distribution Department as awarded by the State of Texas
Contract 985D; and providing an effective date (File 5162-Purchase of Bucicet Tnicic awarded to
Fort Worth Freightliner-Western Star in the amount of $192,972.49). The Public Utilities Board
recommends approval (7-0).
FILE INFORMATION
The bucket tnick to be purchased is a planned fleet replacement for a 2001 Peterbilt/Altec digger
derricic that has exceeded Fleet Service's replacement criteria-the unit to be replaced has 8,600
service hours. This bucket tnick was approved in the Fiscal Year 2012-13 Vehicle Replacement
Plan and Fiscal Year 2012-13 Annual Operating Budget. It has a Tier 4 diesel engine with low
emission vehicle ratings that meet or exceed Environmental Protection Agency standards. The
replaced Peterbilt/Altec digger derrick will be auctioned.
Quotes were received from three vendors. However, there are no local vendors that provide this
type of tnicic or equipment. The quote comparisons are included as Exhibit 1.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 14, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Approve the purchase of a Freightliner 106M Chassis with an Altec AMSSE body through the
State of Texas Smart Buy Program, from Fort Worth Freightliner-Western Star in the amount of
$192, 972.49.
Agenda Information Sheet
Febniary 5, 2013
Page 2
PRINCIPAL PLACE OF BUSINESS
Fort Worth Freightliner - Western Star
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of the bucicet tnicic is estimated to be 240-270 days from receipt of the purchase order.
FISCAL INFORMATION
The bucket tnick will be funded from operating account 603178605.1355.3920. Requisition
#111497 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Quote Comparison for Bucicet Tnicic
Exhibit 2: Draft Public Utilities Board Minutes
Respectfully submitted:
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Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1 =AIS-File 5162
Exhibit 1
QUOTE COMPARISON
Bucket Truck
FI LE #5162
DESCRIPTION CONTRACT CONTRACT NON-CONTRACT
Contract # Texas SmartBuy -#985D Buy Board 358-10 N/A
Fort Worth Freightliner Southwest International Border International
2014 Freightliner 106M / 2013 International 4300 / 2013 International 4300 /
Altec AM55E Body Altec AM55E Body Altec AM55E Body
Truck Chassis Cost $ 54,797.89 $ 52,002.22 $ 98,001.00
Chassis Published Options $ 566.94 $ 20,180.78 $ -
Chassis Menu Options $ 12,761.61 $ 288.40 $ 650.00
Altec Body AM55E $ 122,782.00 $ 122,782.00 $ 122,782.00
Options incl $ - incl
Frei ht / Delive $ - incl incl
Cost $ 190,908.44 $ 195,253.40 $ 221,433.00
Customer Allowances $ (29,676.00)
Buy Board / TX Smart Buy Fee $ 2,064.05 $ 400.00 $ -
Trans ortation & DOT fees $ - $ 185.00 $ 1,975.00
Subtotal $ 192,972.49 $ 195,838.40 $ 193,732.00
Qt ordered 1 1 1
Subtotal of cost $ 192,972.49 $ 195,838.40 $ 193,732.00
Total of purchase $ 192,972.49 $ 195,838.40 $ 193,732.00
PRICE DIFFERENCE $ 2,865.91 $ 759.51
% DIFFERENCE 1.5% 0.4%
Vendor: Fort Worth Freightliner Southwest International Border International
1804 NE Loop 820 2105 North Central Expressway 12283 Rojas Drive
Fort Worth, TX 76106 McKinney, TX 75069 EI Paso, TX 79936
Aaron Jenson Calvin Lewis Ruben Rosencrans
817-626-3336 972-542-1201 915-858-4644
1/4/201311:05 AM Bucket Truck Cost Comparison .xlsxBucket Truck Comparison
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EN� USER: Clty Of D211tOB1 ATC REP: Qa8iOC1 J�t1S2P1
cot�Tacr: Terry 4Cader DiRECT utvE �17-626�3336
PHOtvE: 940-349��729 �noBiLE: �77-771-3995
Fax: F,4x: �17-740-96'i2
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COhIT1�,4CT N,4ME
TXSmartBuy
P120DUC1' DESCRIPTION
Cab & Chassis, 6/8-Cyl, Reg Cab, 30,000 GVWR, Diesel
DATE
12/21/2012
BID SERIES A. g,e,�E PFtiGE
985D $54,797.�9
C. OFF- MEIVU OPTIONS
a Interface Wiring BOC 941.00
s Tire Upgrade 464.42
�o Misc.ltems 1,051.19
i� FrontAxle13,000#-Upgrade 307.00
iz Altec - AM55E 122,782.00
13
14
TOTAL OF OFF� MENU OTPTIOfVS: � $135,543.61
D, CONTR�4Gi PRICE ADJUSTMENTe
E. DELIVERY CHARGES: Miles: @ Per Mile
F. TOTAL OF A, �, C, D, E:
G, QUANTI7'Y ORDERED: 1
Fia �,DMINISiFZ�,TIVE FEE:
L NON-EC�l1IPP�lE1VT Cii,4RGES � CREDITS: �
l���i1�_\�lIJ:ZN:/_�y��:7[�3�1�►L��II�II.r " . _ : : r : r ;
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$2,064.05
$0.00
$192,972.49
$192,972.49
$192,972.49
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December 11, 2012
Our 83rd Year
ROWDY PATTERSON
940- 349-7500
CITY OF DENTON
804 TEXAS ST
ATTN: FLEET SERVICES
DENTON, TX 76209-4350
US
Altec Quotation Number
Account Manager:
Inside Sales Rep:
Item
208177 - 4
Michael D Covington
Scott Kamler
Quote Number: 208177 - 4
Altec, Inc.
Bill To:
CITY OF DENTON
804 TEXAS ST
ATTN: FLEET SERVICES
DENTON, TX 76209-4350
United States
Altec Sales Order(s):
Description
Unit
206 Altec Model AM55E articulating overcenter aerial device with an insulating lower
arm, insulating upper boom and the Altec ISO-Grip (U.S. Patent No. 7,416,053)
system, an upper control system incorporating high resistance components at the boom
tip, for installation over rear axle, built in accordance to ALTECS standard specifications
and to include the following features:
A. Ground to Bottom of Platform Height: 56.0 feet at 4.0 feet from centerline of
rotation (17.1 m at 1.2 m)
B. Working Height: 61.0 feet (18.6 m)
C. Maximum Reach to Edge of Platform with Upper Boom Overcenter: 48.8 feet
(14.9 m)
D. Maximum Reach to Edge of Platform with Upper Boom Non-overcenter and
Lower Boom at 124 degrees: 43.4 feet at 25.7 foot platform height (13.2 m at 7.9
m)
E. Pedestal and Turntable: Box structure design with large service openings, 1.55
inch (32 mm) top plate of pedestal and stiffened . inch (32 mm) bottom plate of
turntable machined afterwelding to provide a rigid, flat mounting surface forthe
rotation bearing. This extends the life of the bearing and reduces life cycle cost.
F. Rotation: Continuous rotation provided by worm gear drive, equipped with
extended shaft for manual rotation, driving a shear ball bearing rotation gear. The
fully adjustable rotation drive assembly includes an external eccentric ring
adjustment of the gearbox pinion gear to the main rotation bearing, permitting the
ability to easily adjust backlash, reduce boom side play and ensure proper tooth
contact over the life of the unit. This reduces life cycle cost.
G. Lift Cylinders: The rod eye is both thread and weld fastened to the rod while the
blind end of the cylinder is of cast steel, one piece design, which houses internal
(unexposed), cartridge-type, bi-directional counter-balance holding valves.
Self-aligning, spherical ball-type bushings are used at each end of the cylinder.
H. Lower Boom: Constructed of two fixture-welded, (80,000 PSI [551,580 kPa] yield)
high strength low alloy steel side plates. Insulator provides 24 inches (610 mm)
of isolation in the lower boom. The inner surface of the fiberglass insulator has a
wax coating molded in during manufacture to provide a dry, smooth inner surface
which will cause moisture to bead. The outer surface has a smooth gelcoat finish.
The AM55E lower boom articulation is 0 degrees to 124 degrees.
I. Lower Boom Stow Protection: To help prevent excessive down pressure by boom
structures when stowing.
J. Lower Boom Pivot Pin: high strength chrome plated steel with self-lubricating,
replaceable, non-metallic bearing.
K. Upper Boom: Utilizes a fixture welded, high strength low alloy steel structure
designed to accept Altec fiberglass upper boom section. Steel/glass attachment
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Price
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UTILITY EQUIPMENTAND BODIES SINCE 1929
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2.
3.
Quote Number: 208177 - 4
Altec, Inc.
Description
is bolted and bonded. The fiberglass section provides a minimum of 150 inches
(3810 mm) of isolation in the upper boom. The inner surface of the fiberglass
boom has a wax coating molded in during manufacture to provide a dry, smooth
inner surface which will cause moisture to bead. The outer surface has a smooth
gelcoat finish. Upper boom articulation is 0 degrees to 210 degrees
L. Boom Linkage, Altec Patented Walking Link: This design features uniform speed
of upper boom, and provides smooth, continuous, self-adjusting, low maintenance
operation.
M. Side-by-Side Boom Stow: This design offers low travel height, low center of
gravity and provides easy platform access
N. Upper Boom Hold Down Device: Manual locking system.
O. Platform Leveling System: The platform is leveled by a single leveling chain with
fiberglass rods in upper and lower boom, designed to maintain the dielectric
integrity of the aerial device. Controls for tilting the platform are located at the
platform. The mechanism for tilting the platform includes one dual acting cylinder
incorporating counterbalance load holding valves to lock the platform in the event
of hydraulic line failure.
P. Platform: Totally enclosed, fiberglass.
Q. ISO-GripSystem: The Altec ISO-Grip (U.S. Patent No. 7,416,053) System
includes the following boom tip components that can provide an additional layer of
secondary electrical contact protection. This is not a primary protection system.1.
Control Handle: An insulated single handle controller that is dielectrically tested
to 40 kV AC with no more than 400 microampers of leakage. The control handle
is green in color to differentiate it from other non-tested controllers. The handle
also includes an interlock guard that reduces the potential for inadvertent boom
operation. 2. Auxiliary Control Covers: Non-tested blue silicon covers for
auxiliary controls. 3. Control Console: Non-tested non-metallic control console
plate. 4. Boom Tip Covers: Non-tested non-metallic boom tip covers. The covers
are not dielectrically tested, but they may provide some protection against
electrical hazards.
R. Outrigger/Boom Interlock System: Helps prevent operator from using unit until all
outriggers are lowered.
S. Outrigger/Unit Selector Control: Located near the outrigger controls, allows
operator to divert hydraulic oil from machine circuit for outrigger operation. This
reduces the potential for inadvertent outrigger movement during machine
operation if outrigger controls are bumped.
T. Outrigger Motion Alarm: Provides audible alarm when any of the outriggers are in
motion.
U. Back-up Alarm, installed
V. Preventative Maintenance: Unit owner can select means of tracking maintenance
intervals by calendar time or PTO hours. If the owner selects calendar driven
cycles, preventative maintenance is required no more frequently than every 6
months. If the owner selects PTO hour driven cycles, preventative maintenance
interval is likely to be greater than 6 months. Both programs allow the equipment
owner to lower life cycle costs through higher product uptime and lower
maintenance costs.
W. ISO 9001: This aerial device is designed and manufactured in a facility that is
certified to meet ISO 9001 requirements.
X. Manuals: Two (2) Operators and two (2) Maintenance/ Parts manuals
Y. Paint: Altec Powder Coat Paint Process which provides a finish-painted surface
that is highly resistant to chipping, scratching, abrasion and corrosion. Paint is
electro-statically applied to the inside as well as outside of fabricated parts then
high temperature cured priorto assembly ensuring maximum coverage and
protection
375 - Automatic Upper Boom Latch
217 - Single, Two-Man Side-Mounted Platform - 24 X 48 X 42 Inches (610 X 1219 X
� Price
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And Opportunity of Serving You Page 2 of 11
UTILITY EQUIPMENTAND BODIES SINCE 1929
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I(� �j//// j Quote Number: 208177 - 4
�� ,����, o Altec, Inc.
Item Description � Price
1067 Mm); Platform Is Rated Up To 800 Pounds (363 Kg). Platform Rotates 90
Degrees To End Of Boom With Altec Patented Rotator. Includes Two Sets Of Quick
Disconnects And Controls For Hydraulic Tools.
4. Soft Platform Cover For Two Man Platform (24x48) 1
5. 259 - Polyethylene Platform Liner For Two Man Platform, 50 Kv Rating (Minimum) 1
6. 239 - Platform Capacity Rating Of 400 Lbs. Per Operator, 400 Lbs. For Single Man 1
Platform, 800 Lbs. For Two Man Platform
A. Maximum Platform Capacity On AM55 With Dual Controls Is 350 Lbs. Per
Platform
B. All Capacities Are Based On Bare Platforms, Liner Weight Is Not Included
7. 338 - Pilot Pressure - System Operates At 350 To 3,000 Psi (24 To 207 Bar), And 17 1
Gpm (64.4 Lpm). System Is Closed Center, Pressure Compensating.
8. Twist style single handle controller. The controller is positioned so that when you are 1
standing in the platform with the platform in the stowed position facing the controller the
handle points towards the elbow of the unit and the head of the controller points toward
rear of the truck. Unit rotation is driven by a twist action of the control handle. This
style of controller is only available with a pilot pressure system. See custom option.
9. 219 - Hydraulic Extend Jib - Material Handling, Hydraulically Articulated Jib, -30 Degrees 1
To +90 Degrees Tilt Angle (Relative To The Upper Boom). Jib Can Be Hydraulically
Extended To 54.4 Inches (1382 Mm) From Mounting Shaft To Load Line. The Jib Is
Hydraulically Extended And Retracted In Two 18 Inch (457 Mm) Increments For A Total
Of 36 Inches (914 Mm) Under Full Load.
A. Capacities Up To 2000 Pounds (907 Kg) Based On Boom Position
B. Load Chart Based On Platform Configuration
C. Hydraulically Articulated Jib With -30 Degrees To 90 Degrees Tilt Angle Relative
To The Upper Boom. Jib Is One Piece, 4 Inches Square X 63 Inches Long (102 X
1600 Mm)
D. Hydraulically Extendible Jib Telescopes In And Out 18 Inches (457 Mm). Jib May
Be Manually Re-Pinned Under Load And Telescoped An Additional 18 Inches For
A Total Movement Of 36 Inches (914 Mm) Under Load
E. Hydraulically Powered Winch That Is Rated To 2,000 Pounds (907 Kg) Full Drum,
Mounted On End Of Upper Boom And Includes 80 Feet (24 M) Of 1/2 Inch (13
Mm) Double-Braided Synthetic Rope
F. Auxiliary Winch Line Control Valve At Turntable
10. 236 - Maximum Jib Rating - Applied To All AM Series Machines, This Rating Provides
The Maximum Jib Capacity At All Lower Boom Positions.
11. 393 - 12 VDC Electrical System Voltage
12. 315- Remote Engine Start/Stop With Secondary Stowage System - Captive Air From
Platform As Above With DC Electric Powered Secondary Stowage System, Includes
Pump And Continuous Duty Motor, Operates From Truck Battery
13. 470 - Primary Outrigger, X-Frame With Fold-Up Shoe - Provides 174 (4429 Mm)
Maximum Spread And Weighs 1,500 Pounds (680 Kg)
14. 244 - Auxiliary Outrigger, A-Frame With Fold-Up Shoe - Provides 153 (3886 Mm)
Maximum Spread And Weighs 1,350 Pounds (612 Kg)
15. 320 - Category B, 46 kV And Below - Includes Lower Test Electrode System
We Wish To Thank You Fqr�Giving Us The Pleasure
And Opportunity of Serving You Page 3 of 11
UTILITY EQUIPMENTAND BODIES SINCE 1929
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I(� �j//// j Quote Number: 208177 - 4
�� ,����, o Altec, Inc.
Item Description � Price
16. Altec white (standard). 1
17. Custom Option Reverse Twist Style Single Hand Control in lieu of standard. This control 1
handle is rotated 180 degrees from standard, pointing toward the elbow with the platform
in the stowed position. Unit rotation is driven by a twist action of the control handle. Only
available with pilot controls.
Unit & Hydraulic Acc.
18. AM50/50E/55/55E/60/60E Series Unit Installation Components 1
19. Swivel Hook For Winch Load Line 1
20. AM50/55/60/50E/55E/60E Subbase Subbase to be istop just behind rear outrigger and 1
prioir to start of the tailshelf. Subbase will haeve no rear storage capability.
21. Reservoir, 30 Gallon, Triangular, Mounted in Cargo Area 1
A. Internal return filter, 10 micron absolute, fiberglass media
B. Ball valves in suction and return lines.
C. Magnetic suction strainer.
D. Filler/breather cap with dipstick.
22. HVI-22 Hydraulic Oil (Standard). 1
23. Standard Pump For PTO 1
24. Hot shift PTO for automatic transmission 1
25. Muncie PTO (Altec Standard) 1
Bodv
26. Altec Body 1
27. Steel Body 1
28. Aerial Service Line With Step (ASLS) 1
29. Approximate Body Length (Engineering to Determine Final Length) Standard body 1
length to fit on a 120" clear CA.
30. 94 Inch Body Width 1
31. 46 Inch Body Compartment Height 1
32. 18 Inch Body Compartment Depth 1
33. Finish Paint Body Altec White (Applies To Steel And Aluminum) 1
34. Undercoat Body 1
35. 2 Inch x 4 Inch Drop-In Wood Cargo Retaining Board At Top Of Side Access (Preferred 1
Option)
36. 2 Inch x 4 Inch Drop-In Wood Cargo Retaining Board At Rear Of Body (Preferred 1
Option)
37. Treadplate On Streetside Compartment Tops 1
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Description
Quote Number: 208177 - 4
Altec, Inc.
38. Treadplate On Curbside Compartment Tops
39. Stainless Steel Rotary Paddle Latches With Keyed Locks
40. Gas Shock (Gas Spring) Rigid Door Holders On All Vertical Doors
41. Standard Master Body Locking System (Standard Placement Is At Rear. Sidepacks
With A Throughshelf/Hotstick Door At Rear, Standard Placement Is At The Front)
42. One Chock Holder With Retaining Lip In Fender Panel On Each Side Of Body (Rear Of
Wheel Or Opposite Fuel Fill)
43. Hotstick Shelf Extending From Rear Of First Vertical To Rear Of Body On Streetside
44. Two Hotstick Brackets On Streetside
45. Standard Drop-Down Hotstick Door For One (1) Shelf On Streetside, Stainless Steel
Slam Paddle Latch With Keyed Lock
46. 1st Vertical (SS) - Adjustable Shelf With Removable Dividers On 4 Inch Centers
47. Locking Swivel Hooks On An Adjustable Rail - Left Wall - 2nd Vertical (SS)
48. Locking Swivel Hooks On An Adjustable Rail - Rear Wall - 2nd Vertical (SS)
49. Locking Swivel Hooks On An Adjustable Rail - Right Wall - 2nd Vertical (SS)
50. Locking Swivel Hooks On An Adjustable Rail - Left Wall - 3rd Vertical (SS)
51. Locking Swivel Hooks On An Adjustable Rail - Rear Wall - 3rd Vertical (SS)
52. Locking Swivel Hooks On An Adjustable Rail - Right Wall - 3rd Vertical (SS)
53. 1st Horizontal (SS) - Fixed Shelf Extending Through Rear Vertical
54. Outrigger Housing, With Outrigger Pin Access As Needed - Rear Vertical (SS)
55. 1st Vertical (CS) - Adjustable Shelf With Removable Dividers On 4 Inch Centers
56. Locking Swivel Hooks On An Adjustable Rail - Left Wall - 2nd Vertical (CS)
57. Locking Swivel Hooks On An Adjustable Rail - Rear Wall - 2nd Vertical (CS)
58. Locking Swivel Hooks On An Adjustable Rail - Right Wall - 2nd Vertical (CS)
59. 3rd Vertical (CS) - Gripstrut Access Steps With Two (2) Sloped Grab Handles
60. 1st Horizontal (CS) - Fixed Shelf With Removable Dividers On 8 Inch Centers
61. Rear Vertical (CS) - Locking Swivel Hook(s) On A Fixed Rail (Left Wall)
62. Rear Vertical (CS) - Locking Swivel Hook(s) On A Fixed Rail (Rear Wall)
63. Rear Vertical (CS) - Locking Swivel Hook(s) On A Fixed Rail (Right Wall)
64. Outrigger Housing, With Outrigger Pin Access As Needed - Rear Vertical (CS)
Body and Chassis Accessories
65. 24" L Steel Tailshelf, Width To Match Body
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And Opportunity of Serving You
UTILITY EQUIPMENTAND BODIES SINCE 1929
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Description
66. 3" Fixed Retaining Rail On Sides And Rear With Corner Wash-Out
Quote Number: 208177 - 4
Altec, Inc.
67. Custom Tailshelf Tool Tray/Bolt bin on top tailshelf to curbside rear, outside dimensions
to be approx. 63" wide x 24" deep, outside to be made of 3" high fixed rail with corner
wash-out. Inside to have Modular Dividers (Egg Crate Style On 4 Inch Centers,
Removable, And Configurable). Bucket rest to be in bin so dividers must be removable
for installation of rest.
68. Custom Cab Guard Cabguard Required, Mounted On Front Bumper, 6" high punched
metal retainer rail around sides and front of cabguard. Streetside of cabguard to have a
open end crossarm storage box area utilizing the 6" high punched metal rail as the
streetside wall of the storage with 8" wide punched metal ceiling and a 6" high punched
metal rail enclosing the area at the side and front but open to the back of the cabguard.
Box to stop just before streetside front corner strobe mounting plate, the streetside rear
corner of the box needs to have a mounting plate for a hard wired Go-Light.
69. Horizontal Storage Box On Compartment Top, One Door, Hinged Up, Gas Props, Keyed
Latch
Installed on top of curbside first vertical, 18" high as deep and wide as the
compartment. Compartment must be vented on the back side for chainsaw storage,
painted white to match the body.
70. Custom Horizontal Box On Compartment Top Three (3) horizontal storage boxes bolted
down onto Lexan spacers and accessible from ground level. Boxes to be 18" H x 18"
deep x Wide as streetside sidepack of equal size with gas props, keyed latch, painted
white to match the body.
71. Fully Enclosed Ladder Box 126", Horizontally Mounted, Steel, Roller At Rear, Retaining
Chain, Height, Interior Clear 21 "W X 8"H With Roller, Typically Mounted Flush At Rear
Of Body and Overhung Towards Cargo Area.
Installed against streetside wall approximately 24" from rear of body in lieu flush to have
room for material hooks.
72.
73.
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75.
76.
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79.
80.
Rigid Step Mounted Beneath Side Access Steps (Installed To Extend Approx. 2"
Outward)
Compartment Top Access Step from Body Floor
Platform Access Step From Top of Body Compartment
ICC (Underride Protection) Bumper Installed At Rear
Dock Bumpers (Pair), Fixed Mounting (Rectangular Bumper), Installed At Rear Frame
Rails So They Are The Furthest Point Back
T-125 Style Pintle Hitch (30,000 LB MGTW with 6,000 LB MVL)
Set Of Eye Bolts for Trailer Safety Chain, installed one each side of towing device
mount.
Glad Hands At Rear, Straight Type
Ring Style Cone Holder For Installation On A Front Bumper Install of front bumper, see
example picture in file. ref pn 066021050.
81. Custom Platform Rest Rigid with rubbertube. Four (4) Wire reel storage brackets, two
16" long
pipe spindles with retainer pins, installed each side of platform support
upright. Bottom spindle 8" on center from floor, top spindle 16" on center
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96.
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Description
above bottom spindle.
Lower Boom Rest Weldment
Quote Number: 208177 - 4
Altec, Inc.
� Price
1
Mounting Brackets for Lights, Located on Lower Boom Rest
Outrigger Pad, 24" x 24" x 3", Wood With Rope Handle
Outrigger Pad Holder, 25" L x 25" W x 5" H, Fits 24" x 24" x 4" And Smaller Pads,
Bolt-On, Bottom Washout Holes, 3/4" Lip Retainer Install side by side under first and
second vertical, two (2) each side.
Wheel Chocks, Rubber with Metal Hairpin Style Handle, 9.75" L X 7.75" W X 5.00" H
(Pair)
Water Cask Bracket Only, For 3 or 5 Gallon (Sheet Metal) Installed on curbside above
second vertical compartment accessible from ground with the spout of the cask the only
part protruding off the side of the body.
Mud Flaps With Altec Logo (Pair)
Safety Harness & 4.5 FT Lanyard (Medium To X-large)
5 LB Fire Extinguisher With Light Duty Bracket, Installed Two (2) fire extinguishers, one
(1) mounted each side to the front of the body.
Triangular Reflector Kit, Installed
Slope IndicatorAssembly For Machine With Outriggers
Vinyl manual pouch for storage of all operator and parts manuals
Additional Body/Chassis Accessory NO access at rear.
Additional Body/Chassis Accessory Protective eyebrow installed on tailshelf for 42"
wide directional light bar and a bolt on removable expanded metal cover for lightbar.
Additional Body/Chassis Accessory Four (4) fixed locking swivel hooks installed as
HIGH as possible on curbside cargo wall evenly spaced from side access step to rear of
cargo wall. Three (3) fixed locking swivel hooks installed as HIGH as possible on
streetside cargo wall evenly spaced from opening of ladder box to rear of cargo wall.
Additional Body/Chassis Accessory Two (2) 10" diameter round pieces of flatbar for
storage of 2 PVC blanket tubes. Brackets to be removable, one to be centered behind
the curbside first vertical and one to be centered behind the curbside second vertical,
install 2/3rds up the cargo wall.
Electrical Accessories
Altec Standard Multi-Point Grounding System
Manual Retracting Grounding Reel - Holds #2 GA, 1/0 GA, 2/0 GA, Or 4/0 Cable (Max
75 FT) Installed on streetside of tailshelf payout to the rear.
Lights and reflectors in accordance with FMVSS #108 lighting package. (Complete LED,
including LED reverse lights)
Altec Standard Amber LED Strobe Light With Brush Guard Installed two (2) strobes, one
on each front corner of the cabguard, raised up to be visible above retaining rail. boom
rest light mounting tubes, one (1) each side with master switch and indicator light in cab.
We Wish To Thank You Fqr5Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENTAND BODIES SINCE 1929
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Description
Quote Number: 208177 - 4
Altec, Inc.
� Price
102. Incandescent Arrow Board Installed centered at rear of tailshelf below protective
eyebrow and behind removable expanded metal cover, hardwired to switch in dash or
light bar supplied controller.
103. Dual Tone Back-Up With Outrigger Motion Alarm
104. PTO Hour Meter, Rectangular With 10,000 Hour Display
105. 6-Way Trailer Receptacle (Pin Type) Installed At Rear
106. Relocate Trailer Receptacle Supplied With Chassis
107. Altec Modular Panel System (AMPS) - Includes Mounting Panel and Accessory
Switches
108. Power Distribution Module Is A Compact Self-Contained Electronic System That
Provides A Standardized Interface With The Chassis Electrical System. (Includes
Operator's Manual)
Finishinq Details
109. Focus Factory Build
110. Delivery Of Completed Unit
111. Powder Coat Unit Altec White
112. Finish Paint Body Accessories Altec White
113. Altec Standard; Components mounted below frame rail shall be coated black by Altec.
i.e. step bumpers, steps, frame extension, pintle hook mount, dock bumper mounts,
D-rings, receiver tubes, accessory mounts, light brackets, under-ride protection, etc.
114. Apply Additional Undercoating from behind chassis cab to rear of truck.
115. Black Undercoating, Applied per Altec Standard
116. Apply Non-Skid Paint (Ferrox) to all walking surfaces
117. English Safety And Instructional Decals
118. Vehicle Height Placard - Installed In Cab
119. Custom Decal/Placard No Rear Access.
120. Dielectric test unit according to ANSI requirements.
121. Stability test unit according to ANSI requirements.
122. Placard, HVI-22 Hydraulic Oil
123. AM55E FA Installation
124. Chassis
125. Customer Supplied Chassis
Chassis
We Wish To Thank You Fqr6Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENTAND BODIES SINCE 1929
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Item
Description
Quote Number: 208177 - 4
Altec, Inc.
126. 2013 Model Year
127. International 4300 Set Back Axle
128. Chassis Color - White NAV9036
129. Chassis Cab To Axle/Trunion Length - 121 inch 120° Clear
130. GVWR 33,000 LBS
131. 13,000 LBs Front Axle Rating
132. 23,000 LBs Rear Axle Rating
133. 11 R22.5 Front Tire
134. 11 R22.5 Rear Tire
135. Maxxforce DT
136. 245 HP Engine Rating
137. Allison RDS-3000 Automatic Transmission
138. 07BDE - Navistar Exhaust (Left-Horizontal-Behind Cab-Horizontal)
139. 12VZA - International PTO Throttle Wiring
140. International Heavy Duty Taillight Wiring (08HAB)
141. International Transmission Dipstick Relocated to RH Side Of Transmission (13WGH)
142. No Prewire Chassis
143. Air Brakes
144. No Idle Engine Shut-Down Required
145. 4x2 Drivetrain
146. 50 Gallon Fuel Tank Left Hand
147. Conventional Cab
148. AM/FM Radio
149. Power poor Locks
150. Power Windows
151. Glad Hands
152. Towing Package
153. Drive Controlled Locking Differential
154. Vinyl Split Bench Seat
155. Air Ride Drivers Seat
We Wish To Thank You Fqr�Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENTAND BODIES SINCE 1929
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Item
Description
Miscellaneous
156. Standard Altec Warranty
One (1) year parts warranty
One (1) year labor warranty
Ninety (90) days warranty for travel charges
Limited Lifetime Structural Warranty
Altec Industries, Inc.
BY
Scott Kamler
Quote Number: 208177 - 4
Altec, Inc.
� Price
Total
Chassis Total
0.00
122,782.00
Notes:
1 RECOMMENDED OPTIONS AND ACCESSORIES: These options are not included in the Quote Total
Price. Selected options would change the quote total.
AM60E in lieu of AM55E ................................................ADD $7450.00
ALTEC Model AM60E articulating overcenter aerial device with an insulating lower arm,insulating upper
boom and the Altec ISO-Grip (U.S. Patent No. 7,416,053) system, an upper control system incorporating
high resistance components at the boom tip, for installation over rear axle, built in accordance to ALTECS
standard specifications and to include the following features:
A. Ground to Bottom of Platform Height: 61.0 feet at 4.0 feet from centerline of
rotation (18.6 m at 1.2 m)
B. Working Height: 66.0 feet (20.1 m)
C. Maximum Reach to Edge of Platform with Upper Boom Overcenter: 53.8 feet
(16.4 m)
D. Maximum Reach to Edge of Platform with Upper Boom Non-overcenter and
Lower Boom at 124 degrees: 47.1 feet at 27.5 foot platform height (14.3 m at 8.5
m)
Altec Standard Warranty:
One (1) year parts warranty.
One (1) year labor warranty.
Ninety (90) days warranty for travel charges.
Warranty on structural integrity of the following major components is to be warranted for so long as the
initial purchaser owns the product: Booms, boom articulation links, hydraulic cylinder structures, outrigger
weldments, pedestals, subbases and turntables.
Bidder is to supply a self-directed, computer based training (CBT) program. This program will provide
basic instruction in the safe operation of this aerial device. This program will also include and explain ANSI
and OSHA requirements related to the proper use and operation of this unit.
Unless otherwise noted, all measurements used in this quote are based on a 40 inch (1016mm) chassis
frame height and standard cab height for standard configurations.
We Wish To Thank You Fqr$Giving Us The Pleasure
And Opportunity of Serving You Page 10 of 11
UTILITY EQUIPMENTAND BODIES SINCE 1929
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10
Quote Number: 208177 - 4
Altec, Inc.
F.O.B. - Customer Site
Changes made to this order may affect whether or not this vehicle is subject to F.E.T. A review will be
made at the time of invoicing and any applicable F.E.T. will be added to the invoice amount.
Price does not reflect any local, state or Federal Excise Taxes (F.E.T). The quote also does not reflect any
local title or licensing fees. All appropriate taxes will be added to the final price in accordance with
regulations in effect at time of invoicing.
Terms: If chassis is ordered through ALTEC Industries, Inc. the chassis payment is due upon receipt of the
chassis at ALTEC Industries, Inc. Balance is due NET 30 days after receipt of completed unit.
Interest charge of 1/2% per month to be added for late payment.
Delivery: 240-270 ARO days after receipt of order PROVIDING:
A. Order is received within 14 days from the date of the quote. If initial timeframe expires, please contact
your Altec representative for an updated delivery commitment.
B. Chassis is received a minimum of sixty (60) days before scheduled delivery.
C. Customer approval drawings are returned by requested date.
D. Customer supplied accessories are received by date necessary for compliance with scheduled delivery.
E. Customer expectations are accurately captured prior to releasing the order. Unexpected additions or
changes made at a customer inspection will delay the delivery of the vehicle.
Trade-in offer is contingent upon equipment being maintained to DOT (Department of Transportation)
operating and safety standards. This will include, but not limited to tires, lights, brakes, glass, etc. If a
trade-in is not maintained to DOT standards, additional transportation expenses will apply and could be
invoiced separately.
All equipment, i.e., jibs, winches, pintle hooks, trailer connectors, etc., are to remain with the vehicle unless
otherwise agreed upon in writing by both parties. Altec Industries reserves the right to re-negotiate its
trade-in offer if these conditions are not met.
Customer may exercise the option to rescind this agreement in writing within sixty (60) days after receipt of
purchase order. After that time Altec Industries will expect receipt of trade-in vehicle upon delivery of new
equipment as part of the terms of the purchase order.
Titles for trade-in equipment should be given to the appropriate Altec Sales associate or forwarded to Altec
Nueco at address 1730 Vanderbilt Road, Birmingham, AL 35234.
11 This quotation is valid until JAN 27, 2013. After this date, please contact Altec Industries, Inc. for a possible
extension.
12 After the initial warranty period, Altec Industries, Inc. offers mobile service units, in-shop service and same
day parts shipments on most parts from service locations nationwide at an additional competitive labor and
parts rate. Call 877-GO-ALTEC for all of your Parts and Service needs.
13 Please email Altec Capital at finance@altec.com or call 888-408-8148 for a lease quote today.
14 Please direct all questions to Michael D Covington at (816) 364-2244
We Wish To Thank You Fqr9Giving Us The Pleasure
And Opportunity of Serving You Page 11 Of 11
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Exhibit 2
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 14, 2013
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, January 14, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present: Chairman Dic1c Smith, Vice Chair Billy Cheelc, Randy Robinson, Barbara
Russell, Leonard Herring, Phil Gallivan and Lilia Bynum
Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
OPEN MEETING:
CONSENT AGENDA:
7. Consider the recommendation of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract through the Texas Smart Buy for the
acquisition of one bucicet tnicic for Electric Distribution; and providing an effective date (File
5162- Bucket Tnick awarded to Fort Worth Freightliner in the amount of $192,972.49 for a
total award anlount of $192,972.49).
A motion to approve item 7 was made by Board Member Gallivan with a second by Board
Member Russell. The vote was 7-0.
Adjournment 10:33a.m.
ORDINANCE NO.
AN ORDINANCE OF TI� CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE A CONTRACT THROUGH THE STATE OF TEXAS SMART BUY
PROGRAM FOR THE PURCHASE OF A BUCKET TRUCK FOR THE ELECTRIC
DISTRIBUTION DEPARTMENT AS AWARDED BY THE STATE OF TEXAS CONTRACT
985D; AND PROVIDING AN EFFECTIVE DATE (FILE 5162-PURCHASE OF BUCKET
TRUCK AWARDED TO FORT WORTH FREIGHTLINER-WESTERN STAR IN TI� AMOUNT
OF $192,972.49).
WHEREAS, pursuant to Resolution 92-019, the State of Texas has solicited, received and
tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in
accordance with the procedures of state law on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described materials, equipment, supplies or services can be purchased by the City through
the State of Texas Procurement progranls at less cost than the City would expend if bidding these
items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the File Number listed hereon, and on file in the office of
the Purchasing Agent, are hereby approved:
FILE
N [_JIVIBER VENDOR AMOUNT
5162 Fort Worth Freightliner-Western Star $192,972.49
SECTION 2. By the acceptance and approval of the above numbered items set forth in the
attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building
and Procurement Commission for such items and agrees to purchase the materials, equipment,
supplies or services in accordance with the terms, conditions, specifications, standards, quantities
and for the specified sums contained in the bid documents and related documents filed with the
Building and Procurement Commission, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the State of Texas, the City Manager or his designated representative
is hereby authorized to execute the written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions, specifications and standards contained in
the Proposal submitted to the State of Texas, quantities and specified sums contained in the City's
purchase orders, and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or pernutted to be performed by the City of Denton
under File 5162 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
._..... �r'��.-�'---��--'`'
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BY:
4-OItI)-File � 162
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
Febniary 5, 2013
Materials Management
Bryan Langley ����
Questions concerning this
acquisition may be directed
to Terry Kader at 349-8729
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute a contract through the Buy Board Cooperative Purchasing Networlc for the
acquisition of one Vacuum Excavator for Electric Operations, one Bacichoe for Water
Distribution and one Bacichoe for Wastewater Collections; and providing an effective date (File
5138-Purchase of Vacuum Excavator awarded to Vermeer Texas-Louisiana in the amount of
$52,887.30 and Two Bacichoes awarded to DARR Equipment Company in the amount of
$127,40820 for a total award of $180,295.50). The Public Utilities Board recommends approval
(7-0).
FILE INFORMATION
The vacuum excavator to be purchased is a planned fleet replacement for a 2003 Kubota mini-
excavator. The vacuum excavator will be used to set poles around existing utilities. The vacuum
excavator will reduce the percentage of excavation strilces to utility cables and lines, therefore
providing the least overall cost and highest operational efficiency. The 2003 Kubota will be
auctioned.
The bacichoes to be purchased are planned fleet replacements for 2006 and 2007 Case bacichoes
with 4,273 and 2,553 hours of service respectively. Both units have exceeded Fleet Service's
replacement criteria primarily due to high maintenance costs and extended downtime. Both units
will be auctioned.
All of the engines are classified as Tier 4 diesel engines with low emission vehicle ratings that
meet or exceed Environmental Protection Agency standards. Quotes were received from various
vendors. However, there are no local vendors that provide this type of tnicic or equipment. The
quote comparisons are included as Exhibits 1 and 2.
The above equipment was approved as part of the Electric Operations and Water/Wastewater
Department Fiscal Year 2012-13 Vehicle Replacement Plan and Fiscal Year 2012-13 Annual
Operating Budget.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 14, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
Agenda Information Sheet
Febniary 5, 2013
Page 2
RECOMMENDATION
Approve the purchase of a VAGTRON vacuum excavator from Vermeer Texas-Louisiana
through the Buy Board Cooperative Purchasing Networlc Contract 345-10 in the amount of
$52,887.30. Approve the purchase of two JCB bacichoes through the Buy Board Cooperative
Purchasing Networlc Contract 345-1 in the amount of $63,704.10 each (including Buy Board fee)
for a total award of $127,40820.
PRINCIPAL PLACE OF BUSINESS
Vermeer Texas-Louisiana DARR Equipment Company
Irving, TX Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of the bacichoes and excavator is estimated to be 180 days from receipt of the purchase
order.
FISCAL INFORMATION
The vacuum excavator will be funded from operating account 603173605.1355.3920.
Requisition #111491 has been entered in the Purchasing software system. The bacichoes will be
funded from Water Distribution account 635040635.1355.30100 and Wastewater Collections
account 645027645.1355.30100. Requisition #111494 has been entered in the Purchasing
software system.
EXHIBITS
Exhibit 1: Quote Comparison for Vacuum Excavator
Exhibit 2: Quote Comparison for Bacichoes
Exhibit 3: Draft Public Utilities Board Minutes
Respectfully submitted:
�' � �-�;�- _
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Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-.�IS-File �138
Exhibit 1
QUOTE COMPARISON
Vacuum Excavator
FILE #5138
DESCRIPTION CONTRACT CONTRACT
Contract # BuyBoard 345-10 H-GAC EM06-11
Vermeer, Texas-Louisiana EKA, Inc.
Vac-Tron Model LP855SDT Vacuum Excavator DItCh WItCh FX60 FlUld EXCaVatOf
800 gallon capacity 800 gallon capacity
200 gallon fresh water tank 300 gallon fresh water tank
Trailer mounted - 14,OOOIb GVWR Trailer mounted 18,OOOIb GVWR
1000 cfm vacuum pump 928 cfm vacuum pump
4gpm / 4000psi water pump 5.2gpm / 3000psi water pump
33' of 4" vacuum hose 25' of 4" vacuum hose
2 year / 2000 hour warranty 1 year / unlimited hour warranty
Vacuum excavator cost $ 52,887.30 $ 67,333.56
Frei ht/Delive inc $ 2,171.45
Cost $ 52,887.30 $ 69,505.01
Buy Board / TX Smart Buy Fee $ -
Trans ortation & DOT fees
Subtotal $ 52,887.30 $ 69,505.01
Qt ordered 1 1
Subtotal of cost $ 52,887.30 $ 69,505.01
Total of purchase $ 52,887.30 $ 69,505.01
PRICE DIFFERENCE $ 16,617.71
% DIFFERENCE 31.4%
Vendor: Vermeer Texas - Louisiana EKA, Inc.
3025 N. State highway 161 2166-A West Park Court
Irving, TX 75062 Stone Mountain, GA 30087
Mark Unziker Cindy Kister
817-721-1483 770-498-9316
1/23/20135:21 PM 2-BU-File 5138.xIsV EXCAVATOR Comparison
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january 17,2013
tick Bridwell
)enton Municipal Electric
701 C Spencer Rd.
)enton Municipal Electric TX 76205
ick.bridwell@cityofdenton.com
Vermeer Texas-Louisiana, Inc. is pleased to provide the following:
Vermeer Texas-Louisiana
3025 N. STATE HWY 161
IRVING, TX 75062
Phone 972 255-3500
Quoted by: Mark Unzicker
817-721-1483
ma rku@vermeertexas.com
1000 CFM vaccum pump, 4GPM14000 PSI water pump
200 gallon fresh water, reverse flow on vac tank. 14,000# GVRW trailer
High pressure hose real and hose, water knife, and clean up wand
***33' of 4" vacuum hose and suction tools.
Hydraulic door and dump on spoil tank
*****Additional 8' pothole wand with rotary nozzle and suction tube
Warranty is 2 year12000 hour parts and labor.
Warranty does not cover travel or freight charges
*Price valid until February 28, 2013*
Price reflects Buy Board contract 345-10
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Thank you for your interest in ������������������������������������������������������������������������������������������������������������������������������������������������
Vermeer Equipment - We look ������������������������������������������������������������������������������������������������������������������������������������������������
forward to earning and keeping ����������������������������������������������������������������������������������������������������������������������������������������������������������
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Sales Tax 8.250%
� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
... . . � . . . . . - . . . - - � � • � $ 52,887.30
� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
Thank you for your interest in Vermeer Equipment - We look forward to earning and keeping your business Page 1 of 2
���� � �
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january 17,2013
Rick Bridwell
Denton Municipal Electric
1701 C Spencer Rd.
Denton Municipal Electric TX 76205
rick.bridwell@cityofdenton.com
Vermeer Texas-Louisiana, Inc. is pleased to provide the following:
Vermeer Texas-Louisiana
3025 N. STATE HWY 161
IRVING, TX 75062
Phone 972 255-3500
Quoted by: Mark Unzicker
817-721-1483
ma rku@vermeertexas.com
I hereby agree to the conditions of this order, expressed in the foregoing, constituting a
purchase order contract. I hereby certify that I am 21 years of age or older and
acknowledge receipt of a copy of this order. In order to secure buyer's obligations under
this Agreement and any extension, renewal or modification thereof, buyer hereby grants
to Dealer a security interest in all of the goods described herein and all accessions and
Non-refundable d
Buyer understands, acknowledges and agrees that if he/she fails to pay seller the
remaining balance upon receipt of above goods and/or services any non-refundable
deposit shall be forfeited.
Buyers signature:
Salesman:
Accepted by:
Date
Thank you for your interest in Vermeer Equipment - We look forward to earning and keeping your business Page 2 of 2
Exhibit 2
QUOTE COMPARISON
Backhoe
FILE #5138
DESCRIPTION CONTRACT CONTRACT CONTRACT
Contract # BuyBoard 345-1 BuyBoard 345-10 TXMAS-7-23V010
DARR Equipment Co Holt CAT Romco Equipment Company
2013 New JCB 3CX-14 Backhoe 2013 New Caterpillar 420F ES Backhoe 2012 New Volvo BL60 Backhoe
14' extendable stick 14' extendable stick 18' extendable stick
2WD 2WD 2WD
Cab with HVAC system Cab with HVAC system Cab with HVAC system
Ride controlJCB Smooth Ride Ride Control Ride Control
Fork kit for front bucket included
Tier 4 engine emissions Tier 4 engine emissions Tier 3 engine emissions
24" rock bucket included 24" rock bucket included 24" rock bucket included
2 year - 2,000 hour warranty 1 year - unlimited hour warranty 1 year - unlimited hour warranty
Delivery within 60-120 days Delivery within 120 days
Backhoe Cost (Includes Options) $ 62,455.00 $ 83,321.00 $ 70,924.00
Frei ht / Deliver inc incl incl
Cost $ 62,455.00 $ 83,321.00 $ 70,924.00
Buy Board Fee $ 1,249.10
Trans ortation & DOT fees incl incl incl
Subtotal $ 63,704.10 $ 83,321.00 $ 70,924.00
Qt ordered 2 2 2
Subtotal of cost $ 127,408.20 $ 166,642.00 $ 141,848.00
incl incl
Total of purchase $ 127,408.20 $ 166,642.00 $ 141,848.00
PRICE DIFFERENCE $ 39,233.80 $ 14,439.80
% DIFFERENCE 30.8% 11.3%
Vendor: DARR Equipment Company Holt CAT Romco Equipment Company
8231 John Carpenter Freeway 549 W. Loop 820 N. 8450 Green Road
Dallas, TX 75247 Fort Worth, TX 76108 Houston, TX 77064
Tim Zimmerman Bryan Nichols Tom Beard
214-819-3991 817-308-6612 713-937-3005
1 /2 3/2 01 35 23 PM 1 3-BU-FIIe 5138.xlsBackhoe Comparison
, ► � �
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CITY OF DENTON
DAVID DUGGER BILL ACCT�
901 B TEXAS ST. SHP.ACCT#
DENTON TEXAS 76209 PO#:
1 /23/13
We are Pleased to offer the following New JCB product for your consideration. JCB the third
largest construction equipment manufacturer produces products that are used world wide. Darr
Equipment Co. has been in the construction equipment business for 54 years and offers the
best in parts and service after the sale.
QTY
1
MODEL: 3CX-14 SN#: 2106355
REF#
0794
200A010
2000712
200W63H
200B60B
200V097
200D314
200E309
200F072
200G450
200H407
200Y418
200Y428
200X256
200Y109
200P210
200Y465
DESCRIPTION
NEW JCB 3CX-14, 2WD, CM, 74 H.P., POWERSHIFT
CAB, AIR AND HEATER
USA LEGISLATION
DRIVE CONTROLS MANUAL CONTROL
11 Lx16 & 19.5Lx24 GALAZY TIRES
STD LIFT RAM SET
24" EXCAVAOTR BUCKET
88" GP. FRONT BUCKET
OPERATORS MANUAL ENGLISH
NA LEGISLATION
EXTENDING STICK
STREET FEET PADS
220LBS COUNTERWEIGHT
ENGINE BLOCK HEATER
STABILIZER GUARDS
BOLT ON EDGE FRONT BUCKET
JCB SMOOTH RIDE
Buy Board Fee: 2.0% of Purchase Price $1,249.10 per unit
Buy Board Bid: #345-1
Total $62,455.00
Less Trade-In: $0.00
Trade Difference: $62,455.00
Payoff: $0.00
BuyBoard Fee: $1,249.10
SALES TAX: 0.0000% $0.00
HE TAX: 0.0000% $0.00
PROP TAX: 0.0000% $0.00
CASH SALE PRICE: $63,704.10
Down Payment: $0.00
Total Customer Sale Price: $63,704.10
Darr Equipment Co.
8231 John Carpenter Frwy
Dallas, Texas 75247 1 CITY DENTON_3CX_2WD-ORDER final final.xls
Office
Cell:
Email:
DELIVERY: Factory - 90-120 Days
TERMS: F.O.B. Job Site, Net Cash 10 Days from Reciept of
invoice. Financing subject to credit approval.
WARRANTY: JCB Factory Warranty, 2 Years or 2,000 hours
whichever comes first. See attached warranty statement
forcoverage.
Thanks for your interest in Darr Equipment Co., we appreciate to opportunity to
quote this fine product. Should you need additional information or wish to discuss
further Please give me a call.
Thanks,
Territory Manager
214.819.3991
Darr Equipment Co.
8231 John Carpenter Frwy
Dallas, Texas 75247
2 CITY DENTON 3CX 2WD-ORDER final final.xls
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Exhibit 3
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 14, 2013
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, January 14, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present: Chairman Dic1c Smith, Vice Chair Billy Cheelc, Randy Robinson, Barbara
Russell, Leonard Herring, Phil Gallivan and Lilia Bynum
Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
OPEN MEETING:
17 ITEMS FOR INDIVIDUAL CONSIDERATION:
18
19 6. Consider the recommendation of an ordinance of the City of Denton authorizing the City
20 Manager or his designee to execute contracts through the Buy Board Cooperative Purchasing
21 Networlc for the acquisition of one vacuum excavator for Electric Operations and two
22 bacichoes, one for Water Distribution and one for Wastewater Collections and providing an
23 effective date (File 5138- Purchase of a Vacuum Excavator awarded to Vermeer Texas -
24 Louisiana in the amount of $52,887.30, two Bacichoes awarded to DARR Equipment
25 Company in the amount of $127,40820 for a total award amount of $180,295.50).
26
27 Item 6 was pulled by Chair Smith. Smith stated that he knows these pieces of equipment
28 are replacements but would like a brief explanation on what a Vacuum Excavator is and its
29 function. Brad Watts, DME Line Superintendent, stated a Vacuum Excavator is a piece of
30 equipment that instead of using an auger or a hydraulic digging machine is a high pressure water
31 sprayer. You talce a wand lilce a car wash wand and spray the ground and brealc up the dirt.
32 Then you have a three to four inch tube that as you are spraying the ground it vacuums the
33 sediment up into a holding chamber. That way there is not actual digging or talcing a chance of
34 hitting any utility line. It exposes everything. You can even dig a trench with the excavator.
35 When a new line is bored in with conduit DME has to talce that line and then dig over into the
36 transformer. This vacuum is about 99 percent sure that you will not damage any other line. This
37 machine is used to also set poles. If a pole has to be changed out where there is water and/or
38 sewer lines, phone, fiber optic; you can expose all the other utilities, dig the hole, set the pole and
39 not disturb any other utility. This is now being utilized more because of all the utilities in the
40 ground. Once you dig a hole with the excavator you take the dirt dump it at the landfill and use
41 fresh dirt to fill bacic in. This is a very safe way of excavating. Rowdy Patterson, DME Line
42 Superintendent, added that one hit on a fiber optic line could cost $20,000, which would pay for
43 half of one of these excavators. One of the first questions that is aslced when you have a hit is
44 `were you digging with a hydraulic piece of equipment'. When you say you were using a
45 vacuum excavator, there are normally no more questions.
46
Draft Minutes of the Public Utilities Board Meeting
January 14, 2013
Page 2 of 2
1 A motion to approve item 6 was made by Board Member Russell with a second by Board
2 Member Gallivan. The vote was 7-0.
4 Adjournment 10:33a.m.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A CONTRACT THROUGH THE BUY BOARD
COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF ONE VACLJ[_J1VI
EXCAVATOR FOR ELECTRIC OPERATIONS, ONE BACKHOE FOR WATER
DISTRIBUTION AND ONE BACKHOE FOR WASTEWATER COLLECTIONS; AND
PROVIDING AN EFFECTIVE DATE (FILE 5138-PURCHASE OF VACLJ[_J1VI EXCAVATOR
AWARDED TO VERMEER TEXAS-LOUISIANA 1N THE AMOUNT OF $52,887.30 AND
TWO BACKHOES AWARDED TO DARR EQUIPMENT COMPANY 1N THE AMOUNT OF
$127,40820 FOR A TOTAL AWARD OF $180,295.50).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Buy Board Cooperative Purchasing Networlc programs at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items shown in the "File Number" referenced herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
N [_JIVIBER
5138
5138
VENDOR
Vermeer-Texas Louisiana
DARR Equipment Company
AMOUNT
$52,887.30
$127,40820
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Networlc for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, specifications, standards,
quantities and for the specified sums contained in the bid documents and related documents filed
with the Buy Board Cooperative Purchasing Networlc and the purchase orders issued by the
City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City
Manager or his designated representative is hereby authorized to execute the written contract
which shall be attached hereto; provided that the written contract is in accordance with the terms,
conditions, specifications and standards contained in the Proposal submitted to the Buy Board
Cooperative Purchasing Networlc, and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to talce any actions that may be required or permitted to be performed by the City of
Denton under File 5138 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�� �
_.m ��'-�" ,%�� .,.-
BY:
�-OItI)-File �138
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams at 349-8487
ACM: Bryan Langley ����
SUBJECT
Consider an ordinance of the City of Denton, Texas authorizing the City Manager to execute a
Professional Services Agreement by and between the City of Denton, Texas and PWR Solutions,
Inc. for the preparation of the analyses respecting the annual Federal Energy Regulatory
Commission (FERC) 715 Report; for preparation and submission of the annual Electric
Reliability Council of Texas (ERCOT) Steady State Worlcing Group Data Sets A and B; for
preparation and submission of the annual ERCOT System Protection Worlcing Group present and
future year short circuit cases; representation of Denton Municipal Electric in ERCOT and
other transmission service provider meetings; for engineering support and consultation in other
electric service planning and system snidy issues; such services being rendered in support of
Denton Municipal Electric; finding and determining that the document entitled "Proposal for
Five Year Transmission Planning and TP Compliance Support Services" ("proposal") which
defines the scope of services to be performed by PWR Solutions, Inc. is a document that pertains
to a competitive electric utility matter as set forth under the provisions of Texas Government
Code, Sections 551.086 and 552.133; authorizing the sealing of said proposal by the City
Secretary; authorizing the expenditure of funds therefor; providing an effective date (File
No.5148 in the amount not-to-exceed $857,469.06). The Public Utilities Board recommends
approval (7-0).
FILE INFORMATION
As a transmission owner and transmission planner, Denton Municipal Electric (DME) is required
by NERC standards and ERCOT protocols to submit various transmission planning studies and
modeling information on an annual basis and to coordinate certain actions and transmission
system changes with ERCOT and other utilities. A detailed description of the requirements is
included in the attached Public Utilities Board Agenda Information Sheet (Exhibit 1).
PWR Solutions, Inc. has provided all of the required services for DME since November of 2010.
The lcnowledge base that they have acquired and the computer data that has been assembled by
PWR Solutions, Inc. for the 2011 and 2012 submissions will provide a great advantage for the
evaluations and modeling that must be completed during 2013. DME is not aware of any other
agency that provides the range of services that can be provided by PWR Solutions, Inc.
Agenda Information Sheet
Febniary 5, 2013
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 14, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Approve a Professional Services Agreement between the City of Denton and PWR Solutions,
Inc. in an amount not to exceed $857,469.06.
PRINCIPAL PLACE OF BUSINESS
PWR Solutions, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
The services to be performed will begin immediately upon Council approval. The agreement will
remain in effect for the period which may be reasonably required for completion of the project.
FISCAL INFORMATION
The charges for work under this contract will not exceed $857,469.06 and will be funded out of
amounts budgeted for specific proj ects and from the maintenance and operations budgets for
non-project items. All of the work proposed will be in the transmission category. These costs
for transmission projects will ultimately be recovered through the Public Utility Commission
Transmission Cost of Service Program (TCOS).
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Information Sheet
Exhibit 2: Draft Public Utilities Board Minutes
Exhibit 3: Proposed Contract
Respectfully submitted:
.
� � ,�i -
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Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1 =AIS-RFY 5115
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM #3
AGENDA INFORMATION SHEET
AGENDA DATE: January 14, 2013
DEPARTMENT: Utilities
UTILITIES ACM: Howard Martin, Utilities, 349-8232 �
SUBJECT
Consider recommending approval of a Professional Services Agreement by and between the
City of Denton, Texas and PWR Solutions, Inc. for professional engineering services for
transmission system planning, preparation of ERCOT transmission data submissions,
representation in meetings with other utilities and ERCOT, and for NERC, ERCOT, and TRE
compliance and support for Denton Municipal Electric, in an amount not-to-exceed $857,469.06.
(File #5148)
BACKGROUND
As a transmission owner and transmission planner, Denton Municipal Electric (DME) is required
by NERC standards and ERCOT protocols to submit various transmission planning studies and
modeling information on an annual basis and to coordinate certain actions and transmission
system changes with ERCOT and other utilities. This includes obtaining regional and ERCOT
approval for certain transmission projects. The standing annual requirements are:
• Preparation of the FERC 715 Annual Transmission Assessment (detailed evaluation of
transmission performance for a five year period and development of solutions that will
resolve all NERC or ERCOT performance standard violations discovered in the
analyses).
• Preparation of the ERCOT Annual Steady State Worlcing Group Data Sets A and B(Data
Set A consists of the transmission computer models for eight seasonal cases for the first
future year. Data Set B consists of the transmission computer models for future years
two through six which requires a total of seven additional cases.).
• Preparation of the ERCOT System Protection Worlcing Group present and funire year
short circuit cases (preparation of five short circuit models).
• Submission of dynamics data in response to requests from the ERCOT Dynamics
Working Group.
• Review and verify the ERCOT loss factor calculations
• Review and update ERCOT contingency definitions
• Review and update the ERCOT Data Dictionary (definition of all busses in the ERCOT
power system model)
AIS — PUB Agenda Item #3
January 14, 2013
Page 2 of 3
• Response to inquiries and requests for information from ERCOT and any of their
worlcing groups related to modeling issues.
The follow up to the above efforts must include:
• Coordination of planned transmission system proj ects with adj acent transmission owners
to include review of system protection plans and changes.
• A regional approach to transmission planning to insure that projects proposed will
provide the best benefit to all transmission owners in the area and represent the best
solutions for resolving performance issues for all transmission service providers.
• Preparation of proj ect approval documentation for ERCOT regional planning group and
ERCOT submissions.
• Preparation of reports and documentation in response to ERCOT, NERC, TRE, or other
utility inquiries.
• Attendance at meetings to assist and represent DME.
• Perform such follow up analysis as needed by DME to fully define project requirements.
PWR Solutions has provided all the above listed services for DME since November of 2010.
The lcnowledge base that they have acquired and the computer data that has been assembled by
PWR Solutions for the 2011 and 2012 submissions will provide great advantage for the
evaluations and modeling that must be completed during 2013. DME is not aware of any other
agency that provides the range of services that can be provided by PWR Solutions or that is any
more respected in this lcind of work in the TSP arena in Texas. All of the services proposed to be
obtained from PWR Solutions are very closely related and require much of the same data, files,
lcnowledge, and expertise. Malcing use of a single entity to address all the requirements stated
above, and leveraging the lcnowledge and data assembled by PWR Solutions in 2011 and 2012 as
a starting point for 2013 is the most efficient use of resources.
DME must meet deadlines for all submissions listed to avoid being in violation of NERC,
ERCOT, and TRE requirements. The time estimated by PWR Solutions for activities required in
2013 is 1483 hours. DME does not possess all of the software and expertise or the manpower to
complete the required actions in the necessary timeframes.
OPTIONS
1. Recommend awarding a Professional Services Agreement to PWR Solutions, Inc.
2. Not recommend awarding a Professional Services Agreement to PWR Solutions, Inc., and
direct that other actions be talcen to complete the required actions.
RECOMMENDATION
DME recommends awarding the contract for professional services to PWR Solutions, Inc., in the
amount not to exceed $857,469.06.
AIS — PUB Agenda Item #3
January 14, 2013
Page 3 of 3
ESTIMATED SCHEDULE OF PROJECT
The work under this contract will begin immediately upon approval by the City Council.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
There has been no prior action related to this proposed contract; however, DME has had
contracts with PWR Solutions for this type worlc for the past two years and is consistent with
project information detailed in the CIP.
DATE SCHEDULED FOR COUNCIL APPROVAL
Febniary 5, 2013
FISCAL INFORMATION
The charges for work under this contract will not exceed $857,469.06 and will be funded out of
amounts budgeted for specific proj ects and from the maintenance and operations budgets for
non-project items. All of the work proposed will be in the transmission category. These costs
for transmission projects will ultimately be recovered through the Public Utility Commission
transmission cost of service program (TCOS).
BID INFORMATION
Texas statutory law provides that procurements for professional services are made in accordance
with the "Professional Services Procurement Act" (professional services may not be bid). The
provisions of Texas Local Government Code, Section 252,022(a)(4) provide that procurements
for professional services are exempt from the requirements of competitive bidding.
EXHIBITS
1. Proposed Professional Services Agreement
Respectfully submitted:
/ , ►1
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Phil Williams
General Manager
Denton Municipal Electric
Prepared by:
��
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Chucic Sears
Transmission Engineering Manager
Denton Municipal Electric
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Exhibit 2
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 14, 2013
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, January 14, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present: Chairman Dic1c Smith, Vice Chair Billy Cheelc, Randy Robinson, Barbara
Russell, Leonard Herring, Phil Gallivan and Lilia Bynum
Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
OPEN MEETING:
CONSENT AGENDA:
3. Consider recommending approval of a Professional Services Agreement by and between the
City of Denton, Texas and PWR Solutions, Inc. for professional engineering services for
transmission system planning, preparation of ERCOT transmission data submissions,
representation in meetings with other utilities and ERCOT, and for NERC, ERCOT, and TRE
compliance and support for Denton Municipal Electric, in an amount not-to-exceed
$857,469.06. (File #5148).
A motion to approve item 3 was made by Board Member Gallivan with a second by Board
Member Russell. The vote was 7-0
Adjournment 10:33a.m.
STATE OF TEXAS
COUNTY OF DENTON
§
§
Exhibit 3
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of the day of ,
2013, by and between the City of Denton, Texas, a Texas municipal corporation, with its
principal office at 215 East McKinney Street, Denton, Denton Coun��, Texas 76201 (hereafter
called "OWNER"); and PWR Solutions, Inc., with its corporate oifice�at 2777 North Stemmons
Freeway, Suite 1520, Dallas Texas (hereafter called "CONSLTLTI�NT"); acting herein, by and
through their respective duly authorized officers and represen�atives�����.
WTTNESSETH, that in consideration of the couenants and agreeriaents herein contained,
the parties hereto do mutually agree as follows:
EMPLO
The OWNER hereby contracts with,
and the CONSULTANT hereby agrees to 1
Project as stated in the sections �� fullc�w, wi
standards customarily obtain�d for�� such �serv:
set out herein are in connecti�in with the �follc
1.
2.
3.
4.
5.
6.
7.
The Proj ect shall i
OF CON�LTLTANT
)1�T�LTLTA�*TT, as an independent contractor,
� tlie se�ices herein in connection with the
;ence and in accordance with the professional
the State of Texas. The professional services
lescribed project (hereafter the "Project"):
t linutation the following services:
Annual Planning/FERC 715 Filing Study
Transmission Project Identification, Evaluation, Validation & ERCOT RPG Approval
ERCOT �te�dy State W�rlcing Group (SSWG) Data Modeling & Submissions
ERCOT S�sten7 Prote�tion Worlcing Group (SPWG) Data Modeling & Subnussions
ERCOT Dynatnics �Vorlcing Group (DWG) Data Modeling & Submission
ERCOT Continge�ncy/Data Dictionary Updates
Technical Support on TP NERC Compliance and FERC 715 filing
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. The CONSULTANT shall perform those services as are necessary and as described in the
"Proposal for Transmission Planning and TP Compliance Services" (hereafter the
"Proposal"), prepared by CONSLTLTANT, dated December 7, 2012, being a 35 page
document addressed to Chucic Sears, Electric Engineer, Denton Municipal Electric;
Page 1
which Proposal is not attached heretq but is on file in the office of the City Secretary,
and which Proposal sets forth and defines the scope of services to be performed by
CONSULTANT; said Proposal is incorporated by reference herewith.
B. PROVIDED HOWEVER, the Proposal referred to in Article II.A. above is a document
which contains confidential and sensitive public power competitive information
involving electric transmission planning, deals with regtilatory actions, filings and
requirements; therefore, in accordance with Sections 551.086 and 552.133 of the Texas
Government Code, the City Secretary is directed to seal and maintain said Proposal in
her custody and control, as a document excepted from public disclosure under the
provisions of Section 552.133 of the Texas Government Code� unless otherwise lawfully
ordered by a court of competent jurisdiction, to disclose said,�Proposal.
ARTICLE III
ADDITIONAL SER
Additional services to be performed by
OWNER, which are not included in the above-c
additional Proposal to be executed at a later date.
This Agreement shall
OWNER and the CONSULTA
and shall remain in force fQr tJ
the Project, including Additit��
OWNER. This Agreement n��
OWNER and CON�ULTANT
upon thirty (30) days advance
in this A�reement. The CQ
services set forth..herein as f
OWNER, acting thrc�u,gh its
IV
PERI
NSLTLTANT, ` if �authorized by the
k?r��osal shall be the subject of an
ecume effecti�;e iipon execution of this Agreement by the
T and upon the �issuance of a notice to proceed by the OWNER,
period which niay reasonably be required for the completion of
S�r�ice�, if any, ��and any required extensions approved by the
be�' sooner terniinated in accordance with the provisions hereof.
tall� each have the unqualified right to terminate this Agreement
�tt�n notice delivered to the other party. Time is of the essence
>LTLTANT shall malce all reasonable efforts to complete the
itiously as possible and to meet the schedule established by the
Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontractor Expenses" is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services authorized in the process of
completing the Basic and Additional Services.
2"Direct Non-Labor Expense" is defined as that expense for any for any out-of-pocicet
expense reasonably incurred by the CONSLTLTANT related to its performance of this
Agreement, for long distance telephone charges, telecopy charges, messenger
Page 2
services, printing and reproduction expenses, out-of-pocicet expenses for purchased
computer time, pnidently incurred travel expenses related to the worlc on the Proj ect,
and similar incidental expenses incurred in connection with the Proj ect.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSLTLTANT herein, the OWNER agrees to pay, based upon the
estimated detail at an hourly rate shown in the Proposal, a fee, including reimbursement
for direct non-labor expenses not to exceed $857,469.06.
Partial payments to the CONSLTLTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER throuuh its City Manager or his
designee; however, under no circumstances shall any manthly statement for services
exceed the value of the work performed at the time a statem�nt is rendered.
Nothing contained in this Article shall require the Q�NER tc� pay for any worlc which is
unsatisfactory, as reasonably determined by the City`�Manager or hxs designee, or which is
not submitted in compliance with terms of thi's Agreement. The`� C��NER shall not be
required to malce any payments to the CC?NSLTLT�T�' when the� CONSLTLTANT is
default under this Agreement.
It is specifically understood and agr;
to undertalce any worlc pursuant t
payments by the OWNER for ar
maximum not-to-exceed fee� as state�
from the OWNER. The CON�ULT
in Article III "Additic�nal Services" �
OWNER.
C. ADDITIO
additi�na�
additional
within thi
submitted
t the C(7NSLTLTANT shall not be authorized
Agr,eement �vhich would require additional
rg�,' e��cnse, or reimbursement above the
�ut first having obtained written authorization
�all not proceed to perform the services listed
obtaining prior written authorization from the
�TAL� SERVICE�: For additional services authorized in writing by the
r� Article ILI, the GONSULTANT shall be paid based in accordance with the
fee provided for in �the additional Proposal. Payments for any authorized
services shall �be due and payable upon submission by the CONSULTANT,
:�r (30) day� after receipt of the invoice by OWNER. Statements shall not be
nor���frec�uently than monthly.
D. PAYMENT: If the OWNER fails to malce undisputed payments due the CONSLTLTANT
for services and expenses within thirty (30) days after receipt of the CONSLJLTANT's
undisputed statement thereof, then Prompt Payment Act interest, as set forth in Chapter
2251 of the Texas Government Code, shall be paid on the amounts due the
CONSULTANT. In addition, the CONSLTLTANT may, if it has not received payment by
the thirty-first (315t) day after receipt of payment, after giving ten (10) days' written
notice to the OWNER, suspend services under this Agreement until the CONSULTANT
has been paid in full all amounts due for services, expenses, and charges, provided,
however, nothing herein shall require the OWNER to pay prompt payment act interest if
the OWNER has a bona fide dispute with the CONSULTANT concerning the payment or
Page 3
if the OWNER reasonably determines that the worlc is unsatisfactory, in accordance with
this Article V, "Compensation."
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSLTLTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the worlc of the
CONSULTANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCLJIVIENTS
All documents prepared or furnished by the COZ
subcontractors or subconsultants) pursuant to this Agreez
shall become the property of the OWNER upon the te
CONSULTANT is entitled to retain copies of all such ���doct
furnished by the CONSLTLTANT are intended c�nly to
OWNER's use of these documents in other projects shall bi
In the event the OWNER uses any of the information �r��
Agreement in another proj ect or for othcr purposes than �����
released from any and all liability relating tc� thei�r use in tha
CONSULTANT
as an employee of the O
employee status.
.
_.
NSUL'
TY,T�NT (and CONSULTANT's
t are in�tniments of service, and
nation of this Agreement. The
nts. The docut�lents prepared and
�pplicable to this Project, and
OWNER's sole risk and expense.
terials developed pursuant to this
cified herein, CONSLTLTANT is
�i ect.
ONTRACTOR
�WNER as an independent contractor, and not
shall not have or claim any right arising from
�� ARTICLE IX
1NDEMNITY AGREEMENT
The CONSLTLTANT '�shall indemnify and save and hold harmless the OWNER and its
officers, agents, and eniplc�y�ees from and against any and all liability, claims, demands, damages,
losses, and expenses, including, but not limited to court costs and reasonable attorney fees
incurred by the OWNER, and including, without limitation, damages for bodily and personal
injury, death and property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement.
Nothing in this Agreement shall be constnied to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
Page 4
ARTICLE X
1NSLJRANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Board or any successor agency, which company has a rating with
Best Rate Carriers of at least "A-" or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,OOO,in the aggregate, and with
property damage limits of not less than $100,000 for each ;c�ccurrence and not less than
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury li�niits of nc�t less than $500,000 for
each person and not less than $500,000 for each accident, and ��with property damage
limits of not less than $100,000 for each accide�at. �
C
�
Worker's Compensation Insurance in acc�
Employers' Liability Insurance with limits of
Professional Liability Insurance
E. The CONSULTANT
OWNER's request to
OWNER as an additi�
so; and such policies �
modified without thiri
In such event, ;the C�
cancellatLC�n, �provide '�
requir�d coverage. �
' with statutory requirements, and
than $100,000 for each accident.
$1,000,000 annual aggregate.
Eurnish insur�nce certificates or insurance policies at the
�ce such caverages. The insurance policies shall name the
>ured on all ����such policies where it is legally possible to[ do
t�t�in ��rc��ision that such insurance shall not be canceled or
days' prior �written notice to OWNER and CONSULTANT.
�TANT shall, prior to the effective date of the change or
NER substitute policies or certificates evidencing the same
ARTICLE XI
AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to mediation. No mediation arising out of or relating to this Agreement may proceed
without the agreement of both parties to submit the dispute to mediation. The location for the
mediation shall be the City of Denton, Denton County, Texas unless a different location is
agreed to by the parties. The costs of inediation shall be borne evenly by each party.
ARTICLE XII
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance written notice to the other party.
Page 5
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than thirty (30) calendar days to cure the
failure; and (2) an opportunity for consultation with the ternunating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSLTLTANT shall immediately cease all servi�es and shall render a final
bill for services to the OWNER within thirty (30) days afte�,the date of termination. The
OWNER shall pay CONSULTANT for all services properl'y rendered and satisfactorily
performed and for reimbursable expenses to ternunati�rn incurred prior to the date of
termination, in accordance with Article V"Compensation." Should the OWNER
subsequently contract with a new consultant ft�r the continuati�n of services on the
Project, CONSLTLTANT shall cooperate in prc�viding information: T1�e CONSLTLTANT
shall turn over all documents prepared or �urnished by �ONSLTLTANT pursuant to this
Agreement to the OWNER on or before the dat� of termination, but may maintain copies
of such documents for its use.
RESPONSIBILITY FOFt �LAIM� AND LIABILITIES
Approval by the C
responsibility and liabilit�
subcontractors, and subcons
work; nor shall such appro
OWNER for any �efect in
subcontractors, ��ents, and �
times during this' Agreement
�NER sh�ll not �`�onstitute, nor be deemed a release of the
of the CONSLTLTANT, its employees, associates, agents,
.ants fc�r th� accuracy and competency of their services or other
l be 'deemed to be an assumption of such responsibility by the
�e t�ther worlc prepared by the CONSLTLTANT, its employees,
sultant�. CONSULTANT retains responsibility and liability at all
id after completion of this Agreement.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To CONSULTANT:
PWR SolLltions, Inc.
Mandhir Sahni, PhD., Vice-President
2777 North Stemmons Frwy.
Dallas, Texas 75207-2277
Page 6
To OWNER:
City of Denton, Texas
George C. Campbell, City Manager
215 East McKinney Street
Denton, Texas 76201
and
Chucic Sears
Engineering Department Manager
Denton Municipal Electric
1685 Spencer Road
Denton, Texas 76205
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting of pages, plus
in ILA., constitutes the complete and final expressior
intended as a complete and exclusive statement of the i
all prior contemporaneous offers, promises, rep�
communications, and agreements which may have b�
matter hereo£ �
If any provision of
jurisdiction to be invalid or i
this Agreement and shall nc�1
the parties shall reform thi�
enforceable provisi�n �hi�h
provision.
�
=page Prc�posal provided for above
� agreement �f the parties, and is
f their agreern��nts, and supersedes
tions, negotiations, discussions,
de in connection with the subject
�ement is . found or deemed by a court of competent
�ble, it shall be considered severable from the remainder of
* rernaind�r to be invalid or unenforceable. In such event,
ent to replace such stricicen provision with a valid and
close as possible to expressing the intention of the stricken
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTAT�T shall comply with all federal, state, and local laws, niles,
regtilations, and ordinances applicable to the worlc covered hereunder as they may now read or
hereinafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSLTLTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
Page 7
ARTICLE XIX
PERSONNEL
A. The CONSLTLTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, nor have any contractual relations with
the OWNER. CONSLTLTANT shall inform the OWNER immediately of any conflict of
interest or potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSLTLTANT or under its
supervision. All personnel engaged in worlc shall be qualifi�d, and shall be authorized
and permitted under Federal. State and local laws to perfor��� such services.
C. In those instances deemed necessary by the OWN
and/or its Sub-consultants shall be required to sub
ASSIGN
The CONSLTLTANT shall not assi
and shall not transfer any of its scope of
novation, or otherwise) without the pri
CONSULTANT assign any part of the n_
required to provide written notice c�f the sa
this Agreement shall not change any c�f thf
not limited to the terms and cernditions for
LTLTANT, its employees
and checics.
any of its scc��e of worlc under in this Agreement,
ca
paym
nder this ��reement (whether by assignment,
:te� ;�consen� °of the OWNER. ShoLild the
lue tiinder t�iis Agreement, CONSULTANT is
�WNER. �Any assignment of monies due under
or conditions of this Agreement to include but
t under this Agreement.
MODIFICATION
No wai�er or modificatiQn of tliis Agreement or of any covenant, condition, or limitation
herein contained� shall be valid t�.Ynless in writing and duly executed by the party to be charged
therewith, and no e�idence of any waiver or modification shall be offered or received in evidence
in any proceeding aris%ng be�ween the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
0
I:
ARTICLE XXII
MISCELLANEOUS
The 35-page Proposal described in and referenced in II.A. herein is made a part of this
Agreement:
CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after
the final payment or after final completion of all worlc required under this Agreement,
Page 8
whichever is longer, have access to and the right to examine any directly pertinent boolcs,
documents, papers, correspondence, to include e-mails, and records of the
CONSULTANT involving transactions relating to this Agreement. CONSULTANT is
required to maintain and malce available all electronic records associated with this
Agreement for purposes of examination. CONSLTLTANT agrees that OWNER shall
have access during normal worlcing hours to all necessary CONSLTLTANT facilities and
shall be provided adequate and appropriate worlcing space in order to conduct audits in
compliance with this section. OWNER shall give CONSULTANT reasonable advance
notice of intended audits.
C. Venue of any suit or cause of action under this Agreement
County, Texas. This Agreement shall be constnied in ac
State of Texas.
D. For the purpose of this Agreement, the lcey p
hereunder shall be Sahni Mandhir. However,
from using other qualified and competent ni�
required herein. CONSLTLTANT understan�
removal or loss of any of the lcey p�
CONSULTANT also agrees to provide the O�
intends to replace the lcey person. �< QWl�,TER ;
lcey person(s) and CONSLTLTANT a�rees
acceptable to the OWNER.
lie exclusively in Denton
nce with the laws of the
�rsons vvho wi11 perform most of the worlc
nqthing herein shall� limit CONSLTLTANT
rnbers of its firm ta perform the services
s that �J4�NER is to ��be informed of the
rsons '�worlcing under this Agreement.
�NER with notice of the name(s) of who it
lall ha�e a right to reject any replacement
to naine�� a replacement lcey person(s)
E. CONSULTANT shall ccrnimenc�, carry �,pn, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions herec�f; In ac�c�mplishin�; the projects, CONSLTLTANT shall take such
steps as are appropriate tc� ensure that the worlc involved is properly coordinated with
related work being carried t�a� by the OWNER.
F
G
The O�V�NER shall ass�st the' CONSLJLTANT by placing at the CONSLJLTANT's
disposal all available infcirmation pertinent to the Project, including previous reports, any
other data r�lative to, the Project, and arranging for the access theretq and malce all
provisions for the C�7NSLTLTANT to enter in or upon public and private property as
required for the�CUNSULTANT to perform services under this Agreement.
The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has executed this Agreement by and
through its duly authorized City Manager; and CONSULTANT has executed this Agreement by
and through its duly authorized undersigned officer on this the day of
2013.
Page 9
AT7
I�
AT7
JEN
I�
APF
ANITA BURGESS, CITY ATTORNEY
"CONSULTANT"
PWR SYSTEMS, INC.
A Texas Corporation
:
I�
Page 10
:AS
ration
[PBELL
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND PWR SOLUTIONS, 1NC. FOR THE
PREPARATION OF THE ANALYSES RESPECTING THE ANNUAL FEDERAL ENERGY
REGULATORY COMMISSION (FERC) 715 REPORT; FOR PREPARATION AND
SUBMISSION OF THE ANNUAL ELECTRIC RELIABILITY COUNCIL OF TEXAS
(ERCOT) STEADY STATE WORKING GROUP DATA SETS A AND B; FOR
PREPARATION AND SUBMISSION OF THE ANN[_JAL ERCOT SYSTEM PROTECTION
WORKING GROUP PRESENT AND FUTLJRE YEAR SHORT CIRCUIT CASES;
REPRESENTATION OF DENTON M[_JNICIPAL ELECTRIC 1N ERCOT AND OTHER
TRANSMISSION SERVICE PROVIDER MEETINGS; FOR ENGINEERING SUPPORT AND
CONSULTATION 1N OTHER ELECTRIC SERVICE PLANNING AND SYSTEM STUDY
ISSUES; SUCH SERVICES BEING RENDERED 1N SUPPORT OF DENTON MUNICIPAL
ELECTRIC; FINDING AND DETERMINING THAT THE DOCLJIVIENT ENTITLED
"PROPOSAL FOR FIVE YEAR TRANSMISSION PLANNING AND TP COMPLIANCE
SUPPORT SERVICES" ("PROPOSAL") WHICH DEFINES THE SCOPE OF SERVICES TO
BE PERFORMED BY PWR SOLUTIONS, 1NC. IS A DOCUMENT THAT PERTAINS TO A
COMPETITIVE ELECTRIC UTILITY MATTER AS SET FORTH LJNDER THE
PROVISIONS OF TEXAS GOVERNIVIENT CODE, SECTIONS 551.086 AND 552.133;
AUTHORIZING THE SEALING OF SAID PROPOSAL BY THE CITY SECRETARY;
AUTHORIZING THE EXPENDITLJRE OF FLJNDS THEREFOR; PROVIDING AN
EFFECTIVE DATE (FILE NO. 5148 1N THE AMOLJNT NOT-TO-EXCEED $857,469.06).
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to engage the engineering firm of PWR Solutions, Inc, a Corporation, located in Dallas,
Texas ("PWR"), to provide the City with professional electric engineering services pertaining to
PWR's worlc in support of the City's capital improvement plan regarding services relative to the
Denton electric transmission system and regtilatory compliance and reporting activities; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional services by Denton Municipal Electric, and that
limited City staff cannot adequately perform the specialized engineering and other professional
services and taslcs, with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act," generally provides that a city may not select a provider of
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, lcnowledge, and qualifications,
and for a fair and reasonable price; and
WHEREAS, the City Council hereby finds and concludes that PWR 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
1
WHEREAS, the City Council hereby finds and concludes that the thirty-five (35) page
document entitled "Proposal for Five Year Transmission Planning and TP Compliance Support
Services," contains competitive public power information, and that this document sets forth the
specific scope of worlc to be undertalcen by PWR under the Agreement being approved hereby;
that the Proposal is an electric utility-related matter that pertains to Denton Municipal Electric's
competitive activity, including commercial information, which would, if disclosed, provide
advantage to its competitors or prospective competitors; and that said Proposal is protected from
public disclosure under the provisions of Texas Government Code, Section 552.133(a)(a-1)(B),
(E) and (F).
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
"Professional Services Agreement;" NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble hereto are tnie and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2. The City Manager is hereby authorized to execute a"Professional Services
Agreement" (the "Agreement") with the engineering firm of PWR Solutions, Inc., a Corporation
of Dallas, Texas, in an amount not-to-exceed $857,469.06, for professional engineering services
pertaining to the interests of the City and of its electric department, DME, as hereinabove
described in the "Proposal for Five-Year Transmission Planning and TP Compliance Support
Services," which document has been submitted to and reviewed by the City Council, and which
Proposal document contains certain Public Power Information which is sealed from Public
Disclosure under the provisions of Section 552.133(a)(a-1)(B), (D) and (F) as stated below.
SECTION 3. The award of this Agreement is on the basis of the demonstrated
competence and qualifications of the firm of PWR, and the ability of PWR, to perform the
professional engineering and related services needed by the City for a fair and reasonable price.
SECTION 4. The expenditure of funds as provided for in the attached Agreement is
hereby authorized.
SECTION 5. The City Secretary is hereby authorized to seal, and maintain the
document entitled "Proposal for Five Year Transmission Planning and TP Compliance Support
Services" which is the document attached to the Agreement defining and setting forth the Scope
of Services of PWR to the City; and the City Council finds that said Proposal is excepted from
public disclosure under the provisions of Texas Government Code, Section 552.133(a)(a-
1)(B),(E) and (F); and the City Secretary is directed to maintain said Proposal in her care,
custody and control unless otherwise lawfully ordered to disclose said Proposal, or any part of
said Proposal.
SECTION 6: This ordinance shall become effective upon its passage and approval.
2
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
F���y �,�.,w�
�� �� ��I
� � � �
�� ���, .. .
� �
��
��
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams at 349-8487
ACM: Bryan Langley ���.
SUBJECT
Consider adoption of an ordinance accepting proposals and awarding a public works contract for
the procurement of services and materials to prepare substation sites and transnussion line
easements for constniction; providing for the expenditure of funds therefor; and providing an
effective date (RFP 5086-awarded to Mann Robinson and Sons, Inc. in the not to exceed amount
of $2,380,000). The Public Utilities Board recommends approval (7-0).
RFP INFORMATION
Denton Municipal Electric (DME) has transmission line and substation projects approved in its
Five Year Capital Improvement Plan. Substation sites will require a number of activities
including clearing, stripping, import, export, cutting, filling, grading, and compaction to stnicture
the site in accordance with the project grading plan prior to the start of constniction. Drainage
and access installation may also be required. Site work, such as clearing, grading, access
preparation, debris removal, and drainage work, may be required on transnussion line easements
prior to constniction. RFP #5086 was stnictured to obtain a variety of unit prices for all aspects
of site preparation work that could be used for multiple projects over time.
Request for proposals were sent to 565 prospective suppliers, including six Denton firms. In
addition, specifications were placed on the Purchasing website for prospective suppliers to
download. One responsive proposal was received. The RFP evaluation team included staff from
Materials Management, Electric Engineering, and Teagtie, Nall, & Perlcins, a consultant with
extensive site preparation and civil engineering experience. The proposal was evaluated by staff,
based upon the most complex site that the City could encounter. A discussion was conducted
with the proposer to ensure both parties understood the content and intent of the proposal. As a
result of the discussion, several units were adjusted to allow better accounting for quantities and
add better flexibility for stnict�iring the worlc. The revised line item details and units of ineasure
allowed for a more fair and equitable contract for both parties. The proposer provided revised
pricing that could potentially result in an estimated site saving of $110,000 and an estimated
annual savings of $384,000. The actual savings will be determined by the units required for each
site. The proposal met all specification requirements and Mann Robinson and Sons, Inc. has
been a successful contractor for DME in the past. Therefore, staff recommends this award as
achieving the best value for the City.
Staff is in the process of finalizing the contract with Mann Robinson and Sons, Inc. We
anticipate contract completion after Council approval.
Agenda Information Sheet
Febniary 5, 2013
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 14, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Award a public works contract for the procurement of services and materials to prepare
substation sites and transmission line easements for constniction to Mann Robinson and Sons,
Inc. in the not to exceed amount of $2,380,000.
PRINCIPAL PLACE OF BUSINESS
Mann Robinson and Sons, Inc.
Aubrey, TX
ESTIMATED SCHEDULE OF PROJECT
The initial term of this contract is for one year ending Febniary 5, 2014. The City and the
awarded vendor shall have the option to renew this contract for two (2) additional one year
periods. Work will be authorized based on project schedules.
FISCAL INFORMATION
The costs for materials and services purchased under the proposed agreement will be funded out
of amounts budgeted for specific projects. The work proposed will be mostly in the transmission
category. The transmission costs for projects will ultimately be recovered through the Public
Utility Commission Transmission Cost of Service Program (TCOS).
EXHIBITS
Exhibit 1: Evaluation/Ranlcing sheet
Exhibit 3: Draft Public Utilities Board Minutes
Respectfully submitted:
�' � �-�;�- _
��`� ��___ �.
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1 =AIS-RFY 5086
Exhik�it 1
Unit Prices & Estimate� Contract Amaunt for RFP #SQ86
Site'Preparation for Substations & Transmission Line Easements
PLTB - Janua�y 14, 2013
Proposal from Mann Robinson & Sons, Inc.
Item i Est Annual Estimated Typical Estimated First Year
Type of Service Site Quantity UiDM Unit Price
# Quantity Site Total Cost
SECTION 1: Unit Pi^ices for Specific Items or Tcrslrs
1 1��lobilization 1 4 LS $1.000 00 $1.000 00 $4.000 00
� SiltFence 1J00 6.000 LF $3 00 $5.100 00 $18.000 00
3 SiltFence Remocal and Disposal 1,700 6,000 LF $OSO $850 00 $3,000 00
4 Construction Entrance (20'�50') 1 4 EA $2,000 00 $2,000 00 $8,000 00
5 In1et Yrotection 1 4 EA $50 00 $50 00 $200 00
6 Tree Frotection 360 1.260 LF $2 00 $720 00 $2.520 00
7 Erosion Blanket 400 1.400 SY $2 00 $800 00 $2.800 00
8 18" Rock Berm 10 35 LF $40 00 $400 00 $1.400 00
9 Tree Remocal and Disposal(3" - 6" dbh) 10 35 EA $65 00 $650 00 $2,275 00
10 Tree Remocal and Disposal (6" - 12" dbh) 6 21 EA $90 00 $540 00 $1,890 00
11 Tree Remocal and Disposal (12" - 18" dbh) � 7 EA $180 00 $360 00 $1,260 00
12 Tree Remocal and Disposal (� than 18" dbh) 1 4 EA $300 00 $300 00 $1,200 00
13 Stripping, Clearing. Griibbing (See Note 1) 4S 16 ACKE $750 00 $3,375 00 $12,000 00
14 Unclassified E�cacation 2.000 7.000 CY $4 00 $8.000 00 $28.000 00
15 Rock E�cacation 50 150 CY $20 00 $1.000 00 $3.000 00
16 Grading � Compaction 4S 16 ACKE $3,000 00 $13,500 00 $48,000 00
17 Spoil Remocal to City Site (See Note 2) 750 1,800 Ton $8 00 $6,000 00 $14,400 00
18 Frocide and Haul Borro�ti to Site 1.000 3.500 CY $9 00 $9.000 00 $31.500 00
19 Htidromulch 1.400 5.000 SY $OSO $700 00 $2.500 00
20 TemPorarti Cl��ff' Culcert (18" - 24") Installed 30 100 LF $36 00 $1,080 00 $3,600 00
21 Signs, Barricades and TraYfic Handling 1 � LS $100 00 $100 00 $200 00
�� Demolish � Remoce Struchires (See Note 3) 50 150 Ton $4750 $2,375 00 $7,125 00
23 Remoce Yropane Tank and Dispose 1 � EA $300 00 $300 00 $600 00
24 Remoce Septic Tank and Dispose 1 � EA $400 00 $400 00 $800 00
25 Remoce Leach Lines and Dispose 100 200 LF $10 00 $1,000 00 $2,000 00
26 Remoce Light�Electric Yoles 1 � EA $400 00 $400 00 $800 00
27 Site Recompaction 1Q000 35,000 SY $1 05 $1Q500 00 $36,750 00
28 Ylace Open-Graded Rock 15,000 45,000 SY $1 00 $15,000 00 $45,000 00
29 Ylace Geogrid (procided b� (htiner) 300 1,100 SY $1S0 $450 00 $1,650 00
30 Frocide Open-Graded Rock for Surface 5,150 18,000 TON $21 00 $108,150 00 $378,000 00
31 Ylace Fle� Base 45 135 Ton $4 00 $180 00 $540 00
32 Frocide and Ylace Fle� Base 45 135 Ton $21 JS $978J5 $2 936 25
Subtotals $195,258.75 $665,946.25
Exhik�it 1
Unit Prices & Estimate� Contract Amaunt for RFP #SQ86
Site'Preparation for Substations & Transmission Line Easements
PLTB - Janua�y 14, 2013
Proposal from Mann Robinson & Sons, Inc.
Item i Est Annual Estimated Typical Estimated First Year
Type of Service Site Quantity UiDM Unit Price
# Quantity Site Total Cost
SECTIONII - Hourly Rcrles for Additional Services
33 1��lotorgrader 20 70 Hour $130 00 $2,600 00 $9,100 00
34 Dozer 80hp or less 20 70 Hour $100 00 $2,000 00 $7,000 00
35 Dozer ocer 80 hp 20 70 Hour $130 00 $2,600 00 $9,100 00
36 Trackloader 20 70 Hour $130 00 $2.600 00 $9.100 00
37 Riibber Tire Loader 20 70 Hour $100 00 $2.000 00 $7.000 00
38 Compactor 20 70 Hour $90 00 $1,800 00 $6,300 00
39 Bobcat Skid Steer 20 70 Hour $80 00 $1.600 00 $5.600 00
40 12 tid Tandem Dump 20 70 Hour $75 00 $1,500 00 $5,250 00
41 25 ton End Dump 20 70 Hour $100 00 $2,000 00 $7,000 00
Subtotals $18,700.00 $65,450.00
GRAND TOTALS $213,958.75 $731,396.25
SECTIONIII - Delivery Timefi^ame
Estimated time behti een notice to proceed �ti ith site �tiork for a project until �ti ork begins (Calendar Daj 5) � 7
Normal Time to Complete Ttipical Site as Depicted on Yricing Sheet (TSJorking Daj 5) 21
SECTIONIV - Notes
Note 1(Line 13)� This item does not include disposal It�cill be oniti for Stripping, clearing, and griibbing.
Note 2(Line 17 )� This line assumes remocal of all spoils to the City Landfill or other Cit� Site D1��1E �cill pati the COD Landfill directiv for landfill costs.
Note 3(Line 22 )� This line shall applti to remocal of all struchires from the site D1��fE shall be responsible for�.
Frocuring and prociding anti demolition permits required
Abatement of anti asbestos or other hazardous materials discocered
Yatiing the COD Landfill directiv for landfill costs
SECTION V- Estimcrled Contract Cost
Estimated First I"ear Cost $731,396.2�
Estimated Second I�ear Cost $7�3.338.1�
Estimated Third Year Cost $775.938 28
Contingencti =�iount(5°-o) $113,033 63
Total �tiith Contingencti $2,373,706 30
Recommended Contract Amount $2,380,000.00
2
-,
�
4
5
6
7
8
9
10
11
12
13
14
15
16
Exhibit 2
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 14, 2013
After deternuning that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, January 14, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present: Chairman Dic1c Smith, Vice Chair Billy Cheelc, Randy Robinson, Barbara
Russell, Leonard Herring, Phil Gallivan and Lilia Bynum
Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
OPEN MEETING:
17 ITEMS FOR INDIVIDUAL CONSIDERATION:
18
19 4. Consider recommending approval of a contract with Mann Robinson & Sons, Inc., for
20 procurement of services and materials to prepare substation sites and transmission line
21 easements for constniction in an amount not to exceed $2,380,000. (RFP #5086)
22
23 Item 4 was pulled by Board Member Gallivan. Gallivan was curious he thought there was
24 already a contract that was similar to this one or the same purpose or function. Williams
25 added there was one for the civil engineering; this one is for the work itself. This contract is one
26 with others you see that is part of the $200 million transnussion substation program. These
27 contracts get DME closer to where they can implement a program and get the sites built. Chucic
28 Sears and this group has changed and made the specifications where they are modular so it can
29 be picked us and used for many substations, they don't have to be reworked every time. This
30 will cover the projects for the next two to three years.
31
32
33
34
35
A motion to approve item 4 was made by Board Member Gallivan with a second by Board
Member Russell. The vote was 7-0.
Adjournment 10:33a.m.
ORDINANCE NO.
AN ORDINANCE ACCEPTING PROPOSALS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE PROCLJREMENT OF SERVICES AND MATERIALS TO PREPARE
SUBSTATION SITES AND TRANSMISSION LINE EASEMENTS FOR CONSTRUCTION;
PROVIDING FOR THE EXPENDITURE OF FLJNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (RFP 5086-AWARDED TO MANN ROBINSON AND SONS, INC.1N THE
NOT TO EXCEED AMOLJNT OF $2,380,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of services to prepare substation sites and transmission line easements for constniction
in accordance with the procedures of State law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
N [_JIVIBER CONTRACTOR AMOUNT
5086 Mann Robinson and Sons, Inc. $2,380,000
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of
the submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or pernutted to be performed by the City of Denton
under RFP 5086 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 , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
____ ��'"��---.� --��
�
BY:
4-ORD-RFP �086
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
Febniary 5, 2013
Materials Management
Bryan Langley ���
Questions concerning this
acquisition may be directed
to Quentin Hix 349-7744
Consider adoption of an ordinance accepting competitive bids and awarding a public worlcs
contract for the Cast in Place Concrete Portions of the Airport North Entry Road proj ect for
constniction of an Airport Entry and Tnicl�/Bus Turnaround; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3 516-awarded to the lowest responsible
bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $159,820.87).
BID INFORMATION
The Airport North Entry Road project consists of constnicting 2,744.33 square yards of eight
inch (8") concrete pavement and 440.22 square yards of four inch (4") sidewalk paving to
provide an airport entry road with a turnaround for tnicks and a bus stop for fut�ire Denton
County Transit Authority bus service to Denton Airport (refer to Exhibit 1-Map). The attached
proposal is for installation of new concrete on a grade established by City of Denton drainage
crews and a cement-lime stabilized subgrade to be provided by Jagoe-Public Company at a cost
of $44,705.00 under their annual contract (Bid 4974). A line item description of the Floyd Smith
Concrete, Inc. project cost is included in the attached Proposal (Exhibit 2).
Bid 3516 is an annual contract awarded to Floyd Smith Concrete, Inc. to provide miscellaneous
concrete related repair and for small constniction projects. The City Council stipulated that any
projects costing $100,000 or more that are quoted through this bid must obtain separate Council
approval.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Bid 3516 was originally awarded by the City Council on July 25, 2011, and has been renewed
annually through July 25, 2013.
November 14, 2012 — Airport Advisory Board
December 3, 2012 — City Council Meeting
RECOMMENDATION
Approve the award of a contract with Floyd Smith Concrete, Inc. in the amount of $159,820.87.
Agenda Information Sheet
Febniary 5, 2013
Page 2
PRINCIPAL PLACE OF BUSINESS
Floyd Smith Concrete, Inc.
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This project will begin upon City Council approval and is estimated to be completed within 90
days.
FISCAL INFORMATION
This item will be funded from the approved Fiscal Year 2012-13 Denton Airport Budget account
200044565.1360.40100. Requisition #111736 has been entered in the Purchasing software
system. Total project cost is approximately $218,000 which includes drainage worlc by City staff.
EXHIBITS
Exhibit 1: December 3, 2012 Council Meeting Bacictip
Exhibit 2: Project Location Map
Exhibit 3: Proposal from Floyd Smith Concrete, Inc.
Respectfully submitted:
�' � �-�;�- _
��`� ��___ �.
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-.�IS-Y,id 3�16
Exhibit 1
AGENDA INFORMATION SHEET
AGENDA DATE: December 3, 2012
DEPARTMENT: Airport
ACM: Jon Fortune �
SUBJECT
Receive a report, hold a discussion and give staff direction regarding Airport entry infrastnicture
improvements. Airport Advisory Board recommends approval of modified improvement (6-1)
BACKGROUND
Denton Airport entrance improvements are being planned by staff to accommodate current and
future operation of the Airport. There is a current need to provide a Denton County Transit
Authority (DCTA) bus stop and turnaround to accommodate bus service scheduled to begin in
January 2013. Alsq there is an ongoing need to provide a tnicic t�irnaround for the daily traffic
of semi tractor-trailers that reach the dead end of FM 1515 at the Airport entrance and then have
no accommodation to turn and go bacic on the highway. Another current improvement that needs
to be accommodated with the Airport entry improvement is a small open area to host an Airport
sculpture commissioned by the City Council through the Parks Department.
As a part of the proposed entry improvement, Airport staff has included a new road entering
from Airport Road and connecting south to an extension of Spartan Drive. This improvement
will allow access to over twenty-seven (27) commercial hangar locations in the southeast area of
the Airport, as well as a location for on-site directional signage for public access to these sites.
Both US Aviation Services and Business Air Management, the two Airport flight line service
providers, will be accommodated by the improved entry access and signage.
Exhibit 1 is a concept plan for improvements being considered for the Airport Road entrance to
Denton Airport. Engineered plans and specifications for constniction of Airport entrance
improvements have been developed and constniction quotes have been requested from Jagoe
Public Company and Floyd Smith Concrete under the terms of their City Council approved
annual contracts. If staff is directed to proceed with planning the proposed entry improvements
by the City Council, constniction quotes will be presented for consideration on a subsequent City
Council agenda.
FISCAL INFORMATION
The initial engineer's estimate of cost for the complete entry improvement proposed by staff
does not exceed three hundred fifty thousand dollars ($350,000). Quotes for actual constniction
have been requested from Jagoe Public Company and Floyd Smith Concrete under terms of their
annual contracts with the City of Denton.
Agenda Information Sheet
December 3, 2012
Page 2
PRIOR ACTION
This entry improvement was presented to the Airport Advisory Board (AAB) at their meeting on
November 14, 2012 and following discussion, the AAB recommended approval of a modified
improvement to the Airport entry. The portion of the staff proposal related to the bus stop/tnicic
turnaround was approved and the portion of the proposed entry improvement related to the
southbound entry road was tabled for future consideration (Exhibit 2). The discussion with AAB
Members included specific requests of staff to provide more information regarding potential
development in the area adjacent to the southbound entry road (Exhibit 3) and notification to all
tenants in the southeast area of the Airport that this improvement is pending. Notification to
tenants has been provided and staff has not received any feedback. Additional area development
information will be discussed with the AAB at the December 12, 2012 meeting.
RECOMMENDATION
Airport staff recommends approval of the improvement proposed for the Airport entry.
EXHIBITS
1. Airport Entry Concept Plan
2. Excerpt from Airport Advisory Board Draft Minutes
3. Area development included in the 2003 Airport Master Plan
Respectfully submitted:
��.,���.. ,���`�`
Quentin Hiz
Director of Aviation
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�E�� P� ��� Kimley-Horn
o�,�,: � AIRPORT ENTRANCE AND
�"`�°''"� 1`r% AVIATION AVENUE EXHIBIT `� and Associates, InC.
KxA N0.: o6I�I61o2 �cnton AirF�ort 2201 West Ro�al Lane, Suite D5, Ir�ng, TX 75063, (214) 420-5600
rn.nw�nro�.,.a,.w.�ortno<e Registratian Number F-928
Excerpt Exhibit 2
Airport Advisory Board Minutes
11-�1-1� November 14, 2012
Item 3:
Staff presented a proposed Airport entry development that includes ground transportation
improvements to provide an alternate entry from Airport Road onto the terminal parking lot with a bus
stop and turnaround for a new Denton County Transportation Authority (DCTA) route serving the
Airport beginning in January 2013 and an entry road from Airport Road south connecting into Spartan
Drive. There followed discussion regarding the purpose of the entry improvement and the amount of
notice given to Airport tenants that the improvements are being proposed by staff. Marc Moffitt
requested staff to provide a comprehensive plan showing the potential development of property
adjacent to the proposed road south into the Airport. Bill Schofield requested staff to notify tenants
affected by the proposed improvement and to provide them an opportunity to express their position on
the entry road development.
Marc Moffitt made a motion to recommend approval of the entry improvement for a bus stop and truck
turnaround (Part "A" of the staff proposal) and to table consideration of the entry improvement to for a
road connecting south from Airport Road to Spartan Drive (Part "B" of the staff proposal). Second by
Karen Dickson. Motion passed 6-1.
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E�ibit SA
RECOMMENDED CONCEPT
Floyd Smith Concrete, Inc.
P.Q. Box 17S 1
Denton, TX 7b202
Phone: 940-565-01 I 4
Fax: 940-382-5691
1
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24C
�'ec
item � Qfy
Exhibit 3
Description
Project
City of Denta�� Contract #3516
Dento�i Mu��ieipak Air�ort
Que►�tin 349-7738 Fax 3�49-7289
Cancreie Imprnre��iei�is ta
De«ton Airport 8ntrance
1,925 Lf Do«�eled on Curb {with o�ie 318" steel bar)
4�0.22 SY �" Concrete Side�vaifdl�ibers
2,7�4.33 5Y 8" Concrete Paveme�it
1, I 89 CY Surcliarge
$Note: �stianated c�E�antities based upan Kiinley-l�lorn &
Associates, I�ic. dra�rings eE�titled "De►iton AirporE
Entra�ice I�nproveEne�its Pre�ared for Tf�e City af Dec�ton,
Texas" dated NoveEnber 2Q12. Concrcta to be 3800 PSI
with 3/8" rebar 16" O.C.E.�V. ai�d heavy broo�iz finisk�.
�artlnvorE; and preparatiait of subgrade to 6e co�itpleted
by Othcrs.
fscinc 1 @��erizo�i.�iet
Total
���Z��1���;��
Date Praposal No.
1/16/2fli3 2011-655
Terms
Nct la
Rate � Total
8.34 l6,OS�l.Sa
37.80 16,640.32
�5.37 124,510.25
2.20 2,G15.80
$ I 59,820.87
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CAST 1N PLACE CONCRETE PORTIONS OF THE AIIZPORT NORTH
ENTRY ROAD PROJECT FOR CONSTRUCTION OF AN AIIZPORT ENTRY AND
TRUCKBUS TLJRNAROUND; PROVIDING FOR THE EXPENDITLJRE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3516-AWARDED TO THE
LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, FLOYD SMITH CONCRETE,
INC. IN THE AMOLTNT OF $159,820.87).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
constniction of public worlcs or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the constniction of the public worlcs or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the constniction of public worlcs or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned heretq
are hereby accepted and approved as being the lowest responsible bids:
BID
N [_JIVIBER CONTRACTOR AMOUNT
3 516 Floyd Smith Concrete, Inc. $159, 820. 87
SECTION 2. The acceptance and approval of the above competitive bids shall not constinite
a contract between the City and the person submitting the bid for constniction of such public worlcs
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the constniction of the public worlcs or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or pernutted to be performed by the City of Denton
under Bid 3516 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public worlcs and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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4-ORD-Bid 3�16
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
Febniary 5, 2013
Materials Management
Bryan Langley ,���,
Questions concerning this
acquisition may be directed
to Quentin Hix 349-7744
Consider adoption of an ordinance accepting competitive bids and awarding a public worlcs
contract for the asphalt pavement section of the Airport South Entry Road project for
constniction of an Airport Entry and Tnicl�/Bus Turnaround; providing for the expenditure of
funds therefor; and providing an effective date (Bid 4974-awarded to the lowest responsible
bidder meeting specification, Jagoe-Public Company in the amount of $126,143.85).
BID INFORMATION
The Airport South Entry Road proj ect consists of constnicting 3,157 square yards of six inch (6")
asphalt pavement over an eight inch (8") cement/lime stabilized subgrade to provide an airport
entry road southbound from Airport Road (refer to Exhibit 1-Map). The attached proposal is for
installation of the asphalt road on a grade established by City of Denton drainage crews. Jagoe-
Public Company will perform this constniction under their annual contract (Bid 4974). A line
item description of the proj ect cost is included in the attached Proj ect Estimate Information Sheet
(Exhibit 2).
Bid 4974 is an annual contract awarded to Jagoe-Public Company to provide miscellaneous
asphalt road constniction proj ects
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Bid 4974 was originally awarded by Council on October 2, 2012. The contract will be in effect
through October 2, 2015.
November 14, 2012 — Airport Advisory Board
December 3, 2012 — City Council Meeting
December 12, 2012 — Airport Advisory Board
January 15, 2012 — City Council Meeting
RECOMMENDATION
Approve the award of a contract with Jagoe-Public Co. in the amount of $126,143.85.
Agenda Information Sheet
Febniary 5, 2013
Page 2
PRINCIPAL PLACE OF BUSINESS
Jagoe-Public Co.
Denton, TX 76202
ESTIMATED SCHEDULE OF PROJECT
This project will begin upon City Council approval and is estimated to be completed within 90
days.
FISCAL INFORMATION
This item will be funded from the approved Fiscal Year 2012-13 Denton Airport Budget account
200044565.1360.40100. Requisition #111775 has been entered in the Purchasing software
system. Total project cost is approximately $139,000, which includes drainage worlc completed
by City staff.
EXHIBITS
Exhibit 1: January 15, 2013 City Council Meeting Agenda Bacictip
Exhibit 2: Project Location Map
Exhibit 3: Project Estimate Information Sheet
Respectfully submitted:
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Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-.�IS-Y,id 3�16
Exhibit 1
AGENDA INFORMATION SHEET
AGENDA DATE: January 15, 2013
DEPARTMENT: Airport
ACM: Jon Fortune �
SUBJECT
Receive a report, hold a discussion and give staff direction regarding Airport entry
improvements. Airport Advisory Board recommends approval of improvement (4-3)
BACKGROUND
Denton Airport entrance improvements proposed by staff to accommodate current and future
operation of the Airport were presented to the City Council on December 3, 2012. A part of the
proposed entry improvement is a new road entering from Airport Road and connecting south to
an extension of Spartan Drive. This improvement will allow access to over twenty-seven (27)
commercial hangar locations in the southeast area of the Airport, as well as provide a location for
on-site directional signage for public access to these sites.
Exhibit 1 is a concept plan for improvement being considered for the Airport Road entrance to
Denton Airport. Engineered plans and specifications for constniction of Airport entrance
improvements have been developed and a constniction quote has been provided by Jagoe Public
Company under the terms of their City Council approved annual contract.
FISCAL INFORMATION
The quote for constniction of the southbound entry road is $188,121.45 under terms of the
annual contract with the City of Denton. Funding is available in the approved 2012/13 Airport
Budget.
PRIOR ACTION
This entry improvement was presented to the Airport Advisory Board (AAB) at their meeting on
November 14, 2012 and following discussion, the AAB recommended approval of a modified
improvement to the Airport entry. The portion of the proposed entry improvement related to the
southbound entry road was tabled for future consideration. The project was presented to the City
Council in Work Session on December 3, 2012 and staff was directed to complete the additional
actions requested by the AAB at their meeting on November 14, 2012.
The project was discussed, again, with AAB Members on December 12, 2012, including staff
presentation of information previously requested regarding potential development in the area
adjacent to the southbound entry road and the result of notification to all Airport Stalceholders
Agenda Information Sheet
January 15, 2013
Page 2
that this improvement is pending. Following discussion, the AAB voted 4-3 to recommend the
southbound entry road improvement (Exhibit 2)
RECOMMENDATION
Airport staff recommends approval of the improvement proposed for the Airport entry.
EXHIBITS
1. Airport Entry Concept Plan
2. Excerpt from Airport Advisory Board Draft Minutes
Respectfully submitted:
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Quentin Hiz
Director of Aviation
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rnonw�nrou.a,.w.�ortno<e Registration Number F-928
EXCERPT - DRAFT MINUTES
AIIZPORT ADVISORY BOARD
DECEMBER 14, 2012
After determining that a quonim was present, the Airport Advisory Board of the City of Denton,
Texas convened in a Regtilar meeting Wednesday, December 14, 2012 at 5:30 p.m. in the
Airport Terminal Building, Meeting Room at 5000 Airport Road, Denton, Texas, at which the
following items were considered:
BOARD MEMBERS PRESENT: Chairman Bob Eames, Vice Chairman Jeremy Fylces, Mr.
Bill Schofield, Mr. Jim Stodola, Mrs. Karen Dicicson, Mr. Marc Moffitt and Mr. Martin Mainja
BOARD MEMBERS ABSENT:
STAFF MEMBERS PRESENT: Quentin Hix, Director of Aviation; Andrea Sumner,
Operations Coordinator; and, Julie Mullins, Administrative Assistant and Board Secretary.
PUBLIC PRESENT: Jeff Soules, US Aviation Group; Mr. Ricic Woolfollc; and, Mr. Don Smith
Meeting was called to order at 5:34 P.M.
Item 3:
Receive a report, hold a discussion and provide a recommendation to the City Council
regarding Airport entry infrastructure improvement;
Mr. Hix gave a presentation at the November 14, 2012 Airport Advisory Board meeting and this
item was tabled. Staff was asked to take two additional actions: First was to notify the tenants
about the proposed improvements; and, the second was to provide information regarding the
potential impact on development adjacent to the road if it cut off extension of Taxiway H.
An email was sent to Airport Stakeholders to inform them of the Airport entry improvement.
There were seven (7) responses from the 77 recipients of the infrastnicture improvement notice.
The respondents were not in favor of the southbound road improvement. The Mail Chimp
communication service used for Airport Stakeholder communications allows staff to produce
reports on the responses, including who opens and forwards the information and who does not
open the email. Stalceholders can, alsq go to the Airport website and add themselves to the
email list to receive future stalceholder updates. People on the list can opt out of receiving the
emails at any time. The Mail Chimp e-mail list is up to 130 people on the Airport Stalceholder
list.
Following discussion of the proposed southbound road improvement, Mr. Stadola made a
motion to recommend the road improvement. Mrs. Dickson seconded the motion.
The motion passed 4-3.
Exhibit 2
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE ASPHALT PAVEMENT SECTION OF THE AIIZPORT SOUTH ENTRY
ROAD PROJECT FOR CONSTRUCTION OF AN AIIZPORT ENTRY AND TRUCK/BUS
TLJRNAROUND; PROVIDING FOR THE EXPENDITLJRE OF FLJNDS THEREFOR; AND
PROVIDING AN EFFECTNE DATE (BID 4974-AWARDED TO THE LOWEST RESPONSIBLE
BIDDER MEETING SPECIFICATION, JAGOE-PUBLIC COMPANY 1N THE AMOUNT OF
$126,143.85).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
constniction of public worlcs or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the constniction of the public worlcs or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the constniction of public worlcs or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned heretq
are hereby accepted and approved as being the lowest responsible bids:
BID
N [_JIVIBER CONTRACTOR AMOUNT
4974 Jagoe-Public Company $126,143.85
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for constniction of such public worlcs
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the constniction of the public worlcs or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or pernutted to be performed by the City of Denton
under Bid 4974 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public worlcs and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY:
4-ORD-Bid 4974
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
Febniary 5, 2013
Materials Management
Bryan Langley
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Questions concerning this
acquisition may be directed
to Kevin Gunn at 349-8595
Consider adoption of an ordinance accepting sealed proposals and awarding a contract to provide
Software and Related Services with SHI Government Solutions, Inc., a Microsoft Certified Large
Account Reseller with the City of Denton; and providing an effective date (RFP 5121- Microsoft
Software Reseller and Related Services awarded to SHI Government Solutions, Inc. in the
annual estimated amount of $95,000 for City of Denton expenditures, and a three year estimated
expenditure of $285,000).
RFP INFORMATION
The City of Denton utilizes Microsoft Corporation (Microsoft) software to support daily
operations, communication, and services to the community. The City leverages a number of
different Microsoft software products including Windows server and deslctop operating systems,
Microsoft Office, Exchange, Lync, SQL Server, SharePoint, Internet Information Server, Visiq
and Project. Microsoft does not sell software directly to enterprise organizations therefore, it
created a group of software resellers called Large Account Resellers (LARs) who are certified to
manage large customer software licensing needs.
The City of Denton issued Request for Proposal (RFP) 5121-Microsoft Reseller and Related
Services to solicit proposals from LARs to meet the City of Denton's Microsoft software
requirements at the best value for the City. The RFP solicited proposals for Microsoft Reseller
and Related Services, which provide the Microsoft Government Select, Microsoft Enterprise, and
Microsoft Subscription Enterprise Agreements. In addition, since there is a limited number of
LARs certified by Microsoft to sell to municipal government entities, the City of Denton
designed the RFP to allow other governmental entities in the State of Texas to utilize the City of
Denton contract to purchase Microsoft software products as allowed under the Interlocal
Cooperation Act, Chapter 791, Texas Government Code.
The RFP was sent to thirteen certified LARs that were on a list provided by Microsoft. The RFP
was issued November 13, 2012, with a deadline for submission on December 11, 2012. Three
LARs submitted proposals: Insight Enterprises, Inc., SHI Government Solutions, Inc. and Zones,
Inc.
Insight Enterprises, Inc. was not included in the tabulation of proposals because the response did
not comply with RFP requirements and pricing was no more competitive than submissions that
did comply with RFP requirements.
Agenda Information sheet
Febniary 5, 2013
Page 2
RFP INFORMATION(CONTINUED)
SHI Government Solutions, Inc. provided the lowest price proposal that complied with the RFP
requirements as shown on the pricing sheet (Exhibit 1). Therefore, SHI Government Solutions,
Inc. provides the best value for the City of Denton.
Staff is in the process of finalizing the contract with SHI Government Solutions, Inc. We
anticipate contract completion after City Council approval.
COOPERATIVE PURCHASING
There are limited purchasing options in the State of Texas for governmental entities to purchase
Microsoft software licenses from LARs based on large purchase volumes. In order to provide
governmental entities with options when purchasing Microsoft software licenses, the City of
Denton designed the RFP to allow other governmental entities the ability to purchase Microsoft
software licenses as provided in the Interlocal Cooperation Act, Chapter 791, Texas Government
Code.
In order to recover the expense associated with managing the master contract and interlocal
agreements, an administrative fee of one-half percent will be added to purchases completed
under this contract. The awarded Reseller will assess and collect all administrative fees and
remit the funds collected to the Material Management division.
RECOMMENDATION
Staff recommends awarding a contract to provide Software Reseller and Related Services to the
City of Denton and all other governmental entities within the State of Texas to SHI Government
Solutions, Inc. Staff estimates expenditures of $95,000 per year with a three year total of
$285,000.
PRINCIPAL PLACE OF BUSINESS
SHI Government Solutions, Inc.
Austin, TX
ESTIMATED SCHEDULE OF PROJECT
This is a one year contract with the option to renew for two (2) additional one (1) year periods.
Agenda information Sheet
Febniary 5, 2013
Page 3
FISCAL INFORMATION
Funds for Microsoft purchases are budgeted in Fiscal Year 2012-13 Technology Service
Operating Budget Account #830400.6504.
EXHIBITS
Exhibit 1: Evaluation Sheet
Respectfully submitted:
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Antonio Puente, Jr., 349-7283
Assistant Director of Finance
Exhibit 1
RFP 5121 Pricing Sheet for Microsoft Reseller and Related Services
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
077-06705 07706705 Access 2013 Sngl MVL Standard Each Non-Specific
License/Software $148.00 $125.60 $ 123.22 $ (2.38)
077-02521 07702521 Access SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$276.00 $234.79 $ 230.25 $ (4.54)
689-01195 68901195 AutoRouteEuro 2013 SNGL MVL Standard Each Non-Specific
License/Software $25.00 $20.62 $ 20.30 $ (0.32)
689-00491 68900491 AutoRouteEuro Win32 SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$48.00 $38.51 $ 37.79 $ (0.72)
065-08166 06508166 Excel 2013 Sngl MVL Standard Each Non-Specific
License/Software $144.00 $122.61 $ 120.30 $ (2.31)
065-03452 06503452 Excel SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$270.00 $229.20 $ 224.82 $ (4.38)
D46-00924 D4600924 ExcelMac 2011 SNGL MVL Standard Each Non-Specific
License/Software $144.00 $122.61 $ 120.30 $ (2.31)
D46-00225 D4600225 ExcelMac SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$270.00 $229.20 $ 224.82 $ (4.38)
47F-00234 47F00234 ExprssnEncdrPro 4.0 SNGL MVL Standard Each Non-Specific
License/Software $38.00 $31.68 $ 31.16 $ (0.52)
47F-00232 47F00232 ExprssnEncdrPro SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$72.00 $59.26 $ 58.19 $ (1.07)
NKF-00333 NKF00333 ExprssnStdioUlt 4.0 SNGL MVL Standard Each Non-Specific
License/Software $372.00 $316.78 $ 310.65 $ (6.13)
NKF-00330 NKF00330 ExprssnStdioUlt SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
ExprssnStdioUlt SNGL SASU MVL $696.00 $592.57 $ 581.11 $ (11.47)
NKF-00331 NKF00331 ExprssnStdioWebPro SA Step Up 3 Year(s) 3 Yr(s) Remaining
$523.00 $445.24 $ 436.68 $ (8.56)
NHF-00306 NHF00306 ExprssnStdioWebPro 4.0 SNGL MVL Standard Each Non-Specific
License/Software $93.00 $78.76 $ 77.29 $ (1.48)
NHF-00304 NHF00304 ExprssnStdioWebPro SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$174.00 $147.34 $ 144.52 $ (2.82)
527-03917 52703917 InfoPath 2013 Sngl MVL Standard Each Non-Specific
License/Software $139.00 $117.89 $ 115.68 $ (2.22)
527-00055 52700055 InfoPath SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$261.00 $220.38 $ 216.18 $ (4.20)
6YH-00707 6YH00707 Lync 2013 Sngl MVL Standard Each Non-Specific
License/Software $25.00 $20.62 $ 20.30 $ (0.32)
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
6YH-00593 6YH00593 Lync SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$48.00 $38.51 $ 37.79 $ (0.72)
5HK-00245 5HK00245 LyncMac 2011 SNGL MVL Standard Each Non-Specific
License/Software $25.00 $20.62 $ 20.30 $ (0.32)
5HK-00243 5HK00243 LyncMac SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$48.00 $38.51 $ 37.79 $ (0.72)
B21-01499 B2101499 MapPoint 2013 Sngl MVL Standard Each Non-Specific
License/Software $186.00 $157.90 $ 154.87 $ (3.02)
B21-00327 B2100327 MapPoint Win32 SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$348.00 $295.05 $ 289.35 $ (5.70)
ZS3-00515 ZS300515 MapPointFleet 2013 SNGL MVL Standard Each Non-Specific
License/Software $912.00 $776.44 $ 761.41 $ (15.03)
ZS3-00159 ZS300159 MapPointFleet Win32 SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$1,707.00 $1,452.13 $ 1,424.02 $ (28.11)
G71-03031 G7103031 MSDNOS Win32 ALNG LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$933.00 $793.45 $ 778.09 $ (15.36)
3YF-00303 3YF00303 OfficeMacStd 2011 SNGL MVL Standard Each Non-Specific
License/Software $293.00 $248.84 $ 244.02 $ (4.82)
3YF-00301 3YF00301 OfficeMacStd SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$549.00 $465.36 $ 456.38 $ (8.98)
79H-00467 79H00467 OfficeMultiLangPk 2013 MVL Standard Each Non-Specific
License/Software $74.00 $62.99 $ 61.81 $ (1.18)
79H-00042 79H00042 OfficeMultiLangPk LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$141.00 $117.77 $ 115.58 $ (2.19)
79P-04712 79P04712 OfficeProPlus 2013 SNGL MVL Standard Each Non-Specific
License/Software $399.00 $339.77 $ 333.27 $ (6.50)
269-05557 26905557 OfficeProPlus SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$747.00 $635.31 $ 623.02 $ (12.30)
79P-02708 79P02708 OfficeProPlus SNGL MVL Rental Standard Each Non-Specific
$82.00 $69.69 $ 68.34 $ (1.35)
269-07501 26907501 OfficeProPlus SNGL SASU MVLfromOfficeStd SA Step Up 3 Year(s) 3 Yr(s) Remaining
$200.00 $169.95 $ 166.73 $ (3.22)
269-02512 26902512 OfficeProPlus SNGL WAH MVL Work At Home Each Non-Specific
$208.00 $177.10 $ 173.67 $ (3.44)
021-05339 02105339 OfficeStd SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$549.00 $465.36 $ 456.38 $ (8.98)
021-09276 02109276 OfficeStd SNGL MVL Rental Standard Each Non-Specific
$63.00 $53.54 $ 52.56 $ (0.98)
021-02910 02102910 OfficeStd SNGL WAH MVL Work At Home Each Non-Specific
$142.00 $120.78 $ 118.49 $ (2.28)
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
526-05429 52605429 OneNote 2013 Sngl MVL Standard Each Non-Specific
License/Software $56.00 $46.96 $ 46.13 $ (0.83)
526-00115 52600115 OneNote SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$105.00 $87.96 $ 86.33 $ (1.63)
543-06090 54306090 Outlk 2013 SNGL MVL Standard Each Non-Specific
License/Software $62.00 $52.68 $ 51.66 $ (1.02)
543-01390 54301390 Outlk SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$117.00 $98.51 $ 96.68 $ (1.83)
36F-00251 36F00251 OutlkMac 2011 SNGL MVL Standard Each Non-Specific
License/Software $62.00 $52.68 $ 51.66 $ (1.02)
36F-00249 36F00249 OutlkMac SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$117.00 $98.51 $ 96.68 $ (1.83)
164-07330 16407330 Pblshr 2013 SNGL MVL Standard Each Non-Specific
License/Software $103.00 $87.21 $ 85.53 $ (1.68)
164-02412 16402412 Pblshr SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$192.00 $163.24 $ 160.10 $ (3.14)
076-05292 07605292 Prjct 2013 SNGL MVL Standard Each Non-Specific
License/Software $443.00 $376.67 $ 369.45 $ (7.22)
076-01810 07601810 Prjct SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$828.00 $704.26 $ 690.65 $ (13.60)
H30-04037 H3004037 PrjctPro 2013 SNGL MVL wlPrjctSvrCAL Standard Each Non-Specific
License/Software $737.00 $627.94 $ 615.58 $ (12.36)
H30-00255 H3000255 PrjctPro SNGL LicSAPk MVL wlPrjctSvrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$1,380.00 $1,173.72 $ 1,151.06 $ (22.67)
H30-00912 H3000912 PrjctPro SNGL SASU MVL PrjctStd SA Step Up 3 Year(s) 3 Yr(s) Remaining
wlPrjctSvrCAL $552.00 $469.46 $ 460.40 $ (9.06)
079-06238 07906238 PwrPoint 2013 SNGL MVL Standard Each Non-Specific
License/Software $144.00 $122.61 $ 120.30 $ (2.31)
079-01662 07901662 PwrPoint SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$270.00 $229.20 $ 224.82 $ (4.38)
D47-00712 D4700712 PwrPointMac 2011 SNGL MVL Standard Each Non-Specific
License/Software $144.00 $122.61 $ 120.30 $ (2.31)
D47-00165 D4700165 PwrPointMac SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$270.00 $229.20 $ 224.82 $ (4.38)
B17-00592 B1700592 StsandTrips 2013 SNGL MVL Standard Each Non-Specific
License/Software $25.00 $20.62 $ 20.30 $ (0.32)
B17-00159 B1700159 StsandTrips Win32 SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $48.00 $38.51 $ 37.79 $ (0.72)
JT9-00007 JT900007 TechNetPlusDirect ALNG LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$642.00 $546.48 $ 535.98 $ (10.50)
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
340-01257 34001257 VFoxProPro 9.0 Win32 SNGL MVL Standard Each Non-Specific
$266.00 $226.59 $ 222.21 $ (4.38)
D87-05994 D8705994 VisioPro 2013 SNGL MVL Standard Each Non-Specific
License/Software $379.00 $322.13 $ 315.98 $ (6.15)
D87-01099 D8701099 VisioPro SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$708.00 $602.40 $ 590.75 $ (11.64)
D87-02231 D8702231 VisioPro SNGL SASU MVL VisioStd SA Step Up 3 Year(s) 3 Yr(s) Remaining
$342.00 $290.70 $ 285.13 $ (5.57)
D86-05323 D8605323 VisioStd 2013 SNGL MVL Standard Each Non-Specific
License/Software $196.00 $166.71 $ 163.52 $ (3.20)
D86-01240 D8601240 VisioStd SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$366.00 $311.69 $ 305.73 $ (5.96)
9ED-00071 9ED00071 VSPremwMSDN ALNG LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$6,639.00 $5,654.70 $ 5,545.13 $ (109.58)
C5E-00989 C5E00989 VSPro 2012 SNGL MVL Standard Each Non-Specific
License/Software $391.00 $332.94 $ 326.53 $ (6.41)
77D-00110 77D00110 VSProwMSDN ALNG LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $1,263.00 $1,074.83 $ 1,054.07 $ (20.76)
L5D-00161 L5D00161 VSTstProwMSDN ALNG LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$2,388.00 $2,034.51 $ 1,995.08 $ (39.44)
9JD-00050 9JD00050 VSUItwMSDN ALNG LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$14,478.00 $12,334.93 $ 12,095.78 $ (239.15)
9JD-00051 9JD00051 VSUItwMSDN ALNG SASU MVL VSPremwMSDN SA Step Up 3 Year(s) 3 Yr(s) Remaining
$7,841.00 $6,680.22 $ 6,550.75 $ (129.47)
059-08670 05908670 Word 2013 Sngl MVL Standard Each Non-Specific
License/Software $144.00 $122.61 $ 120.30 $ (2.31)
059-03715 05903715 Word SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$270.00 $229.20 $ 224.82 $ (4.38)
D48-01019 D4801019 WordMac 2011 SNGL MVL Standard Each Non-Specific
License/Software $144.00 $122.61 $ 120.30 $ (2.31)
D48-00294 D4800294 WordMac SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$270.00 $229.20 $ 224.82 $ (4.38)
S5L-00023 S5L00023 BsnsslntelligenceAppince 2012 SNGL MVL Standard Each Non-Specific
License/Software $10,610.00 $9,039.35 $ 8,864.12 $ (175.23)
S5L-00021 S5L00021 BsnsslntelligenceAppince SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$18,567.00 $15,818.95 $ 15,512.26 $ (306.69)
HJA-00569 HJA00569 BztlkSvrBrnch 2010 SNGL MVL 1Proc Standard Each Non-Specific
License/Software $1,985.00 $1,690.64 $ 1,657.89 $ (32.76)
HJA-00247 HJA00247 BztlkSvrBrnch SNGL LicSAPk MVL 1Proc Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$3,474.00 $2,958.53 $ 2,901.21 $ (57.33)
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
F52-01917 F5201917 BztlkSvrEnt 2010 SNGL MVL 1Proc Standard Each Non-Specific
License/Software $34,716.00 $29,577.80 $ 29,004.32 $ (573.48)
F52-00382 F5200382 BztlkSvrEnt SNGL LicSAPk MVL 1Proc Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$60,753.00 $51,761.05 $ 50,757.49 $ (1,003.56)
F52-01626 F5201626 BztlkSvrEnt SNGL SASU MVL BztlkSvrBrnch SA Step Up 3 Year(s) 3 Yr(s) Remaining
1Proc $57,280.00 $48,802.51 $ 47,856.28 $ (946.23)
F52-00829 F5200829 BztlkSvrEnt SNGL SASU MVL BztlkSvrStd 1Proc SA Step Up 3 Year(s) 3 Yr(s) Remaining
$46,826.00 $39,895.97 $ 39,122.41 $ (773.56)
DHD-00251 DHD00251 BzTlkSvrEntRFID 2010 SNGL MVL 1Proc Standard Each Non-Specific
License/Software $3,949.00 $3,364.39 $ 3,299.20 $ (65.20)
DHD-00202 DHD00202 BzTlkSvrEntRFID SNGL LicSAPk MVL 1Proc Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$6,912.00 $5,887.88 $ 5,773.77 $ (114.12)
D75-01723 D7501723 BztlkSvrStd 2010 SNGL MVL 1Proc Standard Each Non-Specific
License/Software $7,958.00 $6,780.10 $ 6,648.64 $ (131.46)
D75-00277 D7500277 BztlkSvrStd SNGL LicSAPk MVL 1Proc Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$13,926.00 $11,865.09 $ 11,635.08 $ (230.01)
D75-01444 D7501444 BztlkSvrStd SNGL SASU MVL BztlkSvrBrnch SA Step Up 3 Year(s) 3 Yr(s) Remaining
1Proc License/Software $10,454.00 $8,906.54 $ 8,733.87 $ (172.67)
FUD-00245 FUD00245 CISDataCtr SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $9,414.00 $8,020.53 $ 7,865.03 $ (155.51)
FUD-00394 FUD00394 CISDataCtr SNGL LicSAPk MVL W/OSysCtrSvrLic Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $7,623.00 $6,492.76 $ 6,366.93 $ (125.82)
FUD-00335 FUD00335 CISDataCtr SNGL LicSAPk MVL woWinSvrLic Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$5,829.00 $4,965.10 $ 4,868.84 $ (96.26)
FUD-00246 FUD00246 CISDataCtr SNGL SASU MVL CISStd SA Step Up 3 Year(s) 3 Yr(s) Remaining
License/Software $7,112.00 $6,058.70 $ 5,941.31 $ (117.39)
YJD-00216 YJD00216 CISStd SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $2,304.00 $1,961.84 $ 1,923.82 $ (38.02)
YJD-00447 YJD00447 CISStd SNGL LicSAPk MVL W/OSysCtrSvrLic Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $1,647.00 $1,401.32 $ 1,374.17 $ (27.15)
YJD-00387 YJD00387 CISStd SNGL LicSAPk MVL woWinSvrLic Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$1,647.00 $1,401.32 $ 1,374.17 $ (27.15)
W06-00002 W0600002 CoreCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $300.00 $253.43 $ 248.54 $ (4.89)
W06-00426 W0600426 CoreCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $342.00 $290.70 $ 285.13 $ (5.57)
QYA-00213 QYA00213 DynCRMAddtvCAL SNGL LicSAPk MVL DvcCAL License/Software 3 Year(s) 3 Yr(s) Remaining
Assurance Pack $678.00 $577.17 $ 566.03 $ (11.14)
QYA-00229 QYA00229 DynCRMAddtvCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $678.00 $577.17 $ 566.03 $ (11.14)
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
ZFA-00240 ZFA00240 DynCRMCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $966.00 $822.90 $ 807.04 $ (15.87)
ZFA-00232 ZFA00232 DynCRMCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $966.00 $822.90 $ 807.04 $ (15.87)
3CJ-00165 3CJ00165 DynCRMESSCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $99.00 $82.49 $ 80.90 $ (1.58)
3CJ-00166 3CJ00166 DynCRMESSCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $99.00 $82.49 $ 80.90 $ (1.58)
ZGA-00117 ZGA00117 DynCRMExtConn SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $4,839.00 $4,121.96 $ 4,042.11 $ (79.84)
QZA-00038 QZA00038 DynCRMLtdCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $291.00 $246.72 $ 242.01 $ (4.71)
QZA-00446 QZA00446 DynCRMLtdCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
DynCRMLtdUseAddCAL SNGL LicSAPk MVL License/Software $291.00 $246.72 $ 242.01 $ (4.71)
3EJ-01195 3EJ01195 DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
DynCRMLtdUseAddCAL SNGL LicSAPk MVL License/Software $195.00 $164.36 $ 161.21 $ (3.15)
3EJ-01196 3EJ01196 UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $195.00 $164.36 $ 161.21 $ (3.15)
N9J-00587 N9J00587 DynCRMSvr SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $4,839.00 $4,121.96 $ 4,042.11 $ (79.84)
N9J-00390 N9J00390 DynCRMSvr SNGL LicSAPk MVL SCIt Assurance Pack 3 Year(s) 3 Yr(s) Remaining
DynCRMSvr SNGL SASU MVL DynCRMWkgrpSvr $9,669.00 $8,237.07 $ 8,077.39 $ (159.68)
N9J-00695 N9J00695 SCIt SA Step Up 3 Year(s) 3 Yr(s) Remaining
License/Software $7,250.00 $6,176.84 $ 6,057.09 $ (119.76)
QAA-00190 QAA00190 DynCRMWkgrpSvr SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $2,421.00 $2,060.23 $ 2,020.30 $ (39.93)
76A-00175 76A00175 EntCAL SNGL LicSAPk MVL DvcCAL wSrvcs Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $564.00 $478.91 $ 469.65 $ (9.26)
76A-00219 76A00219 wSrvcs SA Step Up 3 Year(s) 3 Yr(s) Remaining
EntCAL SNGL SASU MVL fromCoreCAL UsrCAL $265.00 $225.48 $ 221.11 $ (4.37)
76A-00230 76A00230 wSrvcs SA Step Up 3 Year(s) 3 Yr(s) Remaining
$305.00 $259.77 $ 254.77 $ (4.99)
PGI-00601 PG100601 ExchgEntCAL 2013 SNGL MVL DvcCAL woSrvcs Standard Each Non-Specific
$33.00 $27.70 $ 27.24 $ (0.47)
PGI-00602 PG100602 ExchgEntCAL 2013 SNGL MVL UsrCAL woSrvcs Standard Each Non-Specific
License/Software $38.00 $31.92 $ 31.36 $ (0.57)
PGI-00279 PG100279 ExchgEntCAL SNGL LicSAPk MVL DvcCAL wSrvcs Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $96.00 $80.62 $ 79.10 $ (1.53)
PGI-00280 PG100280 ExchgEntCAL SNGL LicSAPk MVL UsrCAL wSrvcs Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$111.00 $92.68 $ 90.95 $ (1.72)
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
381-04354 38104354 ExchgStdCAL 2013 SNGL MVL DvcCAL Standard Each Non-Specific
$53.00 $45.10 $ 44.22 $ (0.87)
381-04355 38104355 ExchgStdCAL 2013 SNGL MVL UsrCAL Standard Each Non-Specific
License/Software $61.00 $51.92 $ 50.95 $ (0.97)
381-01603 38101603 ExchgStdCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $93.00 $79.01 $ 77.49 $ (1.52)
394-00529 39400529 ExchgStdCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$108.00 $90.69 $ 88.94 $ (1.74)
395-04489 39504489 ExchgSvrEnt 2013 SNGL MVL Standard Each Non-Specific
License/Software $3,180.00 $2,708.83 $ 2,656.38 $ (52.45)
395-02406 39502406 ExchgSvrEnt SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$5,565.00 $4,740.36 $ 4,648.54 $ (91.82)
395-03042 39503042 ExchgSvrEnt SNGL SASU MVL ExchgSvrStd SA Step Up 3 Year(s) 3 Yr(s) Remaining
$4,592.00 $3,912.38 $ 3,836.58 $ (75.80)
312-04281 31204281 ExchgSvrStd 2013 SNGL MVL Standard Each Non-Specific
License/Software $556.00 $473.19 $ 464.02 $ (9.17)
312-02176 31202176 ExchgSvrStd SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$972.00 $828.00 $ 811.96 $ (16.04)
7VC-00213 7VC00213 FrFrntldnttyMgr 2010R2 SNGL MVL Standard Each Non-Specific
License/Software $11,649.00 $9,924.99 $ 9,732.56 $ (192.42)
7VC-00120 7VC00120 FrFrntldnttyMgr SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$20,388.00 $17,368.72 $ 17,031.96 $ (336.77)
7VC-00213 7VC00213 FrFrntldnttyMgrCAL 2010R2 SNGL MVL UsrCAL Standard Each Non-Specific
License/Software $14.00 $11.92 $ 11.76 $ (0.16)
7WC-00115 7WC00115 FrFrntldnttyMgrCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$2�.00 $20.8� $ zo.so $ �o.s��
9GC-00165 9GC00165 FrFrntldnttyMgrExtConn 2010R2 SNGL MVL Standard Each Non-Specific
License/Software $14,367.00 $12,240.76 $ 12,003.42 $ (237.34)
9GC-00114 9GC00114 FrFrntldnttyMgrExtConn SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$25,143.00 $21,421.23 $ 21,005.93 $ (415.30)
37D-00181 37D00181 FrFrntUAGCAL 2010 SNGL MVL 10000Lic Standard Each Non-Specific
DvcCAL $38,638.00 $32,919.59 $ 32,281.31 $ (638.28)
37D-00182 37D00182 FrFrntUAGCAL 2010 SNGL MVL 10000Lic Standard Each Non-Specific
UsrCAL $38,638.00 $32,919.59 $ 32,281.31 $ (638.28)
37D-00165 37D00165 FrFrntUAGCAL 2010 SNGL MVL DvcCAL Standard Each Non-Specific
$8.00 $6.59 $ 6.53 $ (0.05)
37D-00166 37D00166 FrFrntUAGCAL 2010 SNGL MVL UsrCAL Standard Each Non-Specific
FrFrntUAGCAL SNGL LicSAPk MVL 10000Lic License/Software $8.00 $6.59 $ 6.53 $ (0.05)
37D-00177 37D00177 DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
FrFrntUAGCAL SNGL LicSAPk MVL 10000Lic License/Software $67,617.00 $57,609.17 $ 56,492.16 $ (1,117.01)
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
37D-00178 37D00178 UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $67,617.00 $57,609.17 $ 56,492.16 $ (1,117.01)
37D-00161 37D00161 FrFrntUAGCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $13.41 $11.43 $ 11.26 $ (0.17)
37D-00162 37D00162 FrFrntUAGCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$13.41 $11.43 $ 11.26 $ (0.17)
39D-00084 39D00084 FrFrntUAGExtConn 2010 SNGL MVL Standard Each Non-Specific
License/Software $17,478.00 $14,890.58 $ 14,601.91 $ (288.67)
39D-00082 39D00082 FrFrntUAGExtConn SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$30,585.00 $26,058.61 $ 25,553.37 $ (505.24)
35D-00091 35D00091 FrFrntUAGSvr 2010 SNGL MVL Standard Each Non-Specific
License/Software $3,342.00 $2,846.85 $ 2,791.66 $ (55.19)
35D-00089 35D00089 FrFrntUAGSvr SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$5,850.00 $4,982.00 $ 4,885.43 $ (96.57)
7AH-00531 7AH00531 LyncSVrEnCAL 2013 SNGL MVL DvcCAL Standard Each Non-Specific
$85.00 $71.80 $ 70.45 $ (1.35)
7AH-00466 7AH00466 LyncSVrEnCAL 2013 SNGL MVL UsrCAL Standard Each Non-Specific
License/Software $97.00 $82.61 $ 81.11 $ (1.51)
7AH-00319 7AH00319 LyncSVrEnCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $150.00 $125.85 $ 123.42 $ (2.43)
7AH-00320 7AH00320 LyncSVrEnCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$171.00 $144.48 $ 141.71 $ (2.77)
5HU-00236 5HU00236 LyncSvr 2013 SNGL MVL Standard Each Non-Specific
License/Software $2,862.00 $2,437.89 $ 2,390.65 $ (47.23)
5HU-00224 5HU00224 LyncSvr SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$5,010.00 $4,266.30 $ 4,183.62 $ (82.69)
YEG-01066 YEG01066 LyncSvrPlusCAL 2013 SNGL MVL DvcCAL Standard Each Non-Specific
$85.00 $71.80 $ 70.45 $ (1.35)
YEG-01001 YEG01001 LyncSvrPlusCAL 2013 SNGL MVL UsrCAL Standard Each Non-Specific
License/Software $97.00 $82.61 $ 81.11 $ (1.51)
YEG-00419 YEG00419 LyncSvrPlusCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
LyncSvrPlusCAL SNGL LicSAPk MVL DvcCAL License/Software $150.00 $125.85 $ 123.42 $ (2.43)
YEG-00643 YEG00643 DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
LyncSvrPlusCAL SNGL LicSAPk MVL forECAL License/Software $120.00 $100.75 $ 98.89 $ (1.86)
YEG-00420 YEG00420 LyncSvrPlusCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $171.00 $144.48 $ 141.71 $ (2.77)
6ZH-00529 6ZH00529 LyncSvrStdCAL 2013 SNGL MVL DvcCAL Standard Each Non-Specific
$25.00 $20.87 $ 20.50 $ (0.37)
6ZH-00530 6ZH00530 LyncSvrStdCAL 2013 SNGL MVL UsrCAL Standard Each Non-Specific
License/Software $29.00 $23.98 $ 23.52 $ (0.46)
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
6ZH-00413 6ZH00413 LyncSvrStdCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $45.00 $36.52 $ 35.88 $ (0.64)
6ZH-00414 6ZH00414 LyncSvrStdCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$51.00 $41.87 $ 41.11 $ (0.76)
H22-02546 H2202546 PrjctSvr 2013 SNGL MVL Standard Each Non-Specific
License/Software $4,447.00 $3,788.40 $ 3,714.97 $ (73.42)
H22-00489 H2200489 PrjctSvr SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$7,782.00 $6,629.78 $ 6,501.31 $ (128.47)
H21-03312 H2103312 PrjctSvrCAL 2013 SNGL MVL DvcCAL Standard Each Non-Specific
$133.00 $112.80 $ 110.65 $ (2.15)
H21-03313 H2103313 PrjctSvrCAL 2013 SNGL MVL UsrCAL Standard Each Non-Specific
License/Software $153.00 $129.70 $ 127.24 $ (2.46)
H21-00413 H2100413 PrjctSvrCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $234.00 $197.40 $ 193.67 $ (3.73)
H21-00597 H2100597 PrjctSvrCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$267.00 $226.97 $ 222.61 $ (4.36)
76N-03672 76N03672 SharePointEntCAL 2013 SNGL MVL DvcCAL Standard Each Non-Specific
$66.00 $55.41 $ 54.37 $ (1.03)
76N-03673 76N03673 SharePointEntCAL 2013 SNGL MVL UsrCAL Standard Each Non-Specific
License/Software $75.00 $63.73 $ 62.51 $ (1.21)
76N-02357 76N02357 SharePointEntCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $117.00 $97.15 $ 95.28 $ (1.88)
76N-02439 76N02439 SharePointEntCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$132.00 $111.43 $ 109.35 $ (2.08)
76M-01515 76M01515 SharePointStdCAL 2013 SNGL MVL DvcCAL Standard Each Non-Specific
$74.00 $62.99 $ 61.81 $ (1.18)
76M-01516 76M01516 SharePointStdCAL 2013 SNGL MVL UsrCAL Standard Each Non-Specific
License/Software $86.00 $72.42 $ 71.06 $ (1.37)
H05-00175 H0500175 SharePointStdCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $132.00 $110.31 $ 108.24 $ (2.07)
H05-00445 H0500445 SharePointStdCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$150.00 $126.84 $ 124.42 $ (2.42)
76P-01524 76P01524 SharePointSvr 2013 SNGL MVL Standard Each Non-Specific
License/Software $5,336.00 $4,546.07 $ 4,457.99 $ (88.08)
H04-00231 H0400231 SharePointSvr SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$9,339.00 $7,955.81 $ 7,801.61 $ (154.20)
359-05678 35905678 SQLCAL 2012 SNGL MVL DvcCAL Standard Each Non-Specific
$164.00 $139.63 $ 136.98 $ (2.64)
359-05689 35905689 SQLCAL 2012 SNGL MVL UsrCAL Standard Each Non-Specific
License/Software $164.00 $139.63 $ 136.98 $ (2.64)
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
359-00769 35900769 SQLCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $288.00 $244.36 $ 239.70 $ (4.66)
359-00993 35900993 SQLCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$288.00 $244.36 $ 239.70 $ (4.66)
S4L-00007 S4L00007 SQLDataWrhsAppince 2008R2 SNGL MVL 1Proc Standard Each Non-Specific
License/Software $21,581.00 $18,386.90 $ 18,030.45 $ (356.45)
S4L-00005 S4L00005 SQLDataWrhsAppince SNGL LicSAPk MVL 1Proc Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $37,767.00 $32,177.18 $ 31,553.37 $ (623.82)
UTD-00007 UTD00007 SQLParallelDtaWrhs SNGL LicSAPk MVL 1Proc Assurance Pack 3 Year(s) 3 Yr(s) Remaining
SQLParallelDtaWrhsDev 2008R2 SNGL MVL $52,878.00 $45,050.02 $ 44,176.58 $ (873.44)
N5H-00002 N5H00002 PerUsr Standard Each Non-Specific
$29.00 $24.48 $ 24.02 $ (0.46)
D2M-00401 D2M00401 SQLSvrBsnsslntelligence 2012 SNGL MVL Standard Each Non-Specific
License/Software $6,744.00 $5,745.39 $ 5,634.07 $ (111.32)
D2M-00388 D2M00388 SQLSvrBsnsslntelligence SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
SQLSvrBsnsslntelligenceSNGLSASU MVL $11,802.00 $10,054.43 $ 9,859.50 $ (194.93)
D2M-00501 D2M00501 SQLSvrStd SA Step Up 3 Year(s) 3 Yr(s) Remaining
$10,569.00 $9,004.57 $ 8,830.05 $ (174.52)
E32-00974 E3200974 SQLSvrDev 2012 SNGL MVL Standard Each Non-Specific
$29.00 $24.48 $ 24.02 $ (0.46)
7JQ-00356 7JQ00356 SQLSvrEntCore 2012 SNGL MVL 2Lic CoreLic Standard Each Non-Specific
License/Software $10,791.00 $9,193.89 $ 9,015.68 $ (178.21)
7JQ-00353 7JQ00353 SQLSvrEntCore SNGL LicSAPk MVL 2Lic CoreLic Assurance Pack 3 Year(s) 3 Yr(s) Remaining
SQLSvrEntCore SNGL SASU MVL 2Lic $18,885.00 $16,089.40 $ 15,777.49 $ (311.91)
7JQ-00451 7JQ00451 SQLSvrStdCore CoreLic SA Step Up 3 Year(s) 3 Yr(s) Remaining
$13,960.00 $11,893.53 $ 11,663.02 $ (230.51)
228-09904 22809904 SQLSvrStd 2012 SNGL MVL Standard Each Non-Specific
License/Software $705.00 $600.03 $ 588.44 $ (11.59)
228-04538 22804538 SQLSvrStd SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$1,233.00 $1,049.87 $ 1,029.55 $ (20.32)
7NQ-00278 7NQ00278 SQLSvrStdCore 2012 SNGL MVL 2Lic CoreLic Standard Each Non-Specific
License/Software $2,815.00 $2,397.64 $ 2,351.16 $ (46.49)
7NQ-00300 7NQ00300 SQLSvrStdCore SNGL LicSAPk MVL 2Lic CoreLic Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$4,926.00 $4,195.87 $ 4,114.57 $ (81.30)
MFF-00541 MFF00541 SysCtrCltMgmtSte SNGL LicSAPk MVL PerOSE Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $105.00 $87.96 $ 86.33 $ (1.63)
MFF-00542 MFF00542 SysCtrCltMgmtSte SNGL LicSAPk MVL PerUsr Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$120.00 $101.12 $ 99.20 $ (1.92)
J5A-00172 J5A00172 SysCtrCnfgMgrCItML SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
PerOSE License/Software $57.00 $48.45 $ 47.54 $ (0.92)
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
J5A-00030 J5A00030 SysCtrCnfgMgrCItML SNGL LicSAPk MVL PerUsr Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$66.00 $55.66 $ 54.67 $ (0.99)
J3A-00691 J3A00691 SysCtrCnfgMgrSvr 2007R3 SNGL MVL Standard Each Non-Specific
$455.00 $387.23 $ 379.80 $ (7.43)
J7A-00655 J7A00655 SysCtrCnfgMgrSvrMLEnt 2007R3 SNGL MVL Standard Each Non-Specific
$338.00 $287.71 $ 282.21 $ (5.50)
J6A-00479 J6A00479 SysCtrCnfgMgrSvrMLStd 2007R3 SNGL MVL Standard Each Non-Specific
$123.00 $104.60 $ 102.61 $ (1.99)
J4A-00541 J4A00541 SysCtrCnfgMgrSvrwSQL 2007R3 SNGL MVL Standard Each Non-Specific
License/Software $1,037.00 $883.28 $ 866.23 $ (17.05)
T6L-00246 T6L00246 SysCtrDatactr SNGL LicSAPk MVL 2Proc Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$3,303.00 $2,814.19 $ 2,759.70 $ (54.49)
T6L-00318 T6L00318 SysCtrDatactr SNGL SASU MVL SysCtrStd 2Proc SA Step Up 3 Year(s) 3 Yr(s) Remaining
$2,092.00 $1,781.71 $ 1,747.24 $ (34.47)
TSC-01133 TSC01133 SysCtrDPMCItML 2010 SNGL MVL PerOSE Standard Each Non-Specific
$19.00 $15.90 $ 15.68 $ (0.22)
TSC-01164 TSC01164 SysCtrDPMCItML 2010 SNGL MVL PerUsr Standard Each Non-Specific
$19.00 $15.90 $ 15.68 $ (0.22)
CGA-00691 CGA00691 SysCtrDPMSvrMLEnt 2010 SNGL MVL Standard Each Non-Specific
$339.00 $288.46 $ 282.91 $ (5.55)
CVA-00548 CVA00548 SysCtrDPMSvrMLStd 2010 SNGL MVL Standard Each Non-Specific
$124.00 $104.85 $ 102.91 $ (1.94)
UCH-02136 UCH02136 SysCtrEssntls 2010 SNGL MVL Standard Each Non-Specific
License/Software $79.00 $66.47 $ 65.23 $ (1.24)
UCH-02155 UCH02155 SysCtrEssntls SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$138.00 $116.40 $ 114.17 $ (2.23)
4PX-01683 4PX01683 SysCtrEssntlsCltML 2010 SNGL MVL Standard Each Non-Specific
License/Software $13.00 $10.69 $ 10.55 $ (0.13)
4PX-01681 4PX01681 SysCtrEssntlsCltML SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$24.00 $18.51 $ 18.19 $ (0.32)
T9F-00388 T9F00388 SysCtrEssntlsPlusCItMLSte 2010 SNGL MVL Standard Each Non-Specific
License/Software $24.00 $20.38 $ 20.00 $ (0.38)
T9F-00386 T9F00386 SysCtrEssntlsPlusCItMLSte SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$42.00 $35.66 $ 34.97 $ (0.68)
T7F-00333 T7F00333 SysCtrEssntlsPlusSvrMLSte 2010 SNGL MVL Standard Each Non-Specific
License/Software $313.00 $265.85 $ 260.70 $ (5.15)
T7F-00331 T7F00331 SysCtrEssntlsPlusSvrMLSte SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$549.00 $465.24 $ 456.28 $ (8.96)
DJA-01297 DJA01297 SysCtrEssntlsSvrML 2010 SNGL MVL Standard Each Non-Specific
License/Software $79.00 $66.47 $ 65.23 $ (1.24)
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
DJA-00721 DJA00721 SysCtrEssntlsSvrML SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$138.00 $116.40 $ 114.17 $ (2.23)
EEC-00540 EEC00540 SysCtrEssntlswSQL 2010 SNGL MVL Standard Each Non-Specific
License/Software $659.00 $560.90 $ 550.05 $ (10.85)
EEC-00614 EEC00614 SysCtrEssntlswSQL SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$1,155.00 $981.67 $ 962.71 $ (18.96)
9TX-01273 9TX01273 SysCtrOpsMgrCItML 2007R2 SNGL MVL PerOSE Standard Each Non-Specific
$19.00 $16.15 $ 15.88 $ (0.28)
9TX-01274 9TX01274 SysCtrOpsMgrCItML 2007R2 SNGL MVL PerUsr Standard Each Non-Specific
$19.00 $16.15 $ 15.88 $ (0.28)
UAR-01315 UAR01315 SysCtrOpsMgrSvr 2007R2 SNGL MVL Standard Each Non-Specific
$456.00 $388.34 $ 380.90 $ (7.44)
UAS-00892 UAS00892 SysCtrOpsMgrSvrMLEnt 2007R2 SNGL MVL Standard Each Non-Specific
$339.00 $288.84 $ 283.32 $ (5.52)
UAT-00593 UAT00593 SysCtrOpsMgrSvrMLStd 2007R2 SNGL MVL Standard Each Non-Specific
$124.00 $105.22 $ 103.22 $ (2.00)
EFC-00531 EFC00531 SysCtrOpsMgrSvrwSQL 2007R2 SNGL MVL Standard Each Non-Specific
$1,040.00 $885.63 $ 868.54 $ (17.09)
3ND-00551 3ND00551 SysCtrSrvcMgrCItML 2010 SNGL MVL PerOSE Standard Each Non-Specific
$35.00 $29.69 $ 29.15 $ (0.55)
3ND-00552 3ND00552 SysCtrSrvcMgrCItML 2010 SNGL MVL PerUsr Standard Each Non-Specific
$35.00 $29.69 $ 29.15 $ (0.55)
Q7F-00180 Q7F00180 SysCtrSrvcMgrSvr 2010 SNGL MVL Standard Each Non-Specific
$456.00 $388.34 $ 380.90 $ (7.44)
MVF-00454 MVF00454 SysCtrSrvcMgrSvrML 2010 SNGL MVL Standard Each Non-Specific
$197.00 $167.21 $ 164.02 $ (3.19)
Q9F-00142 Q9F00142 SysCtrSrvcMgrSvrwSQL 2010 SNGL MVL Standard Each Non-Specific
License/Software $1,040.00 $885.63 $ 868.54 $ (17.09)
T9L-00231 T9L00231 SysCtrStd SNGL LicSAPk MVL 2Proc Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$1,212.00 $1,032.48 $ 1,012.46 $ (20.02)
26C-00570 26C00570 SysCtrVMMCItML 2008R2 SNGL MVL PerOSE Standard Each Non-Specific
$21.00 $17.39 $ 17.09 $ (0.31)
26C-00571 26C00571 SysCtrVMMCItML 2008R2 SNGL MVL PerUsr Standard Each Non-Specific
$21.00 $17.39 $ 17.09 $ (0.31)
GA-00826 GA00826 SysCtrVMMSvrMLEnt 2008R2 SNGL MVL Standard Each Non-Specific
License/Software $683.00 $581.40 $ 570.15 $ (11.25)
Q99-00001 Q9900001 TechnetPlusSingleUsr Win32 ALNG LicSAPk Assurance Pack 3 Year(s) 3 Yr(s) Remaining
MVL $1,176.00 $1,000.06 $ 980.70 $ (19.35)
125-01192 12501192 VSTeamFndtnSvr 2012 SNGL MVL Standard Each Non-Specific
License/Software $305.00 $259.15 $ 254.17 $ (4.98)
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
125-00113 12500113 VSTeamFndtnSvr SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$534.00 $453.32 $ 444.62 $ (8.70)
12601689 VSTeamFndtnSvrCAL 2012 SNGL MVL DvcCAL Standard Each Non-Specific
126-01689 $305.00 $259.15 $ 254.17 $ (4.98)
12601690 VSTeamFndtnSvrCAL 2012 SNGL MVL UsrCAL Standard Each Non-Specific
126-01690 $350.00 $297.90 $ 292.16 $ (5.74)
126-00159 12600159 VSTeamFndtnSvrCAL SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
DvcCAL License/Software $534.00 $453.32 $ 444.62 $ (8.70)
126-00172 12600172 VSTeamFndtnSvrCAL SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
UsrCAL $615.00 $521.52 $ 511.46 $ (10.06)
66B-00733 66B00733 VSTeamFndtnSvrExtConn 2012 SNGL MVL Standard Each Non-Specific
License/Software $7,640.00 $6,509.15 $ 6,383.02 $ (126.14)
66B-00082 66B00082 VSTeamFndtnSvrExtConn SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$13,371.00 $11,391.03 $ 11,170.25 $ (220.77)
R9H-00503 R9H00503 WinEmbDvcMgrCItML 2011 SNGL MVL PerOSE Standard Each Non-Specific
$21.00 $17.27 $ 16.98 $ (0.29)
R9H-00504 R9H00504 WinEmbDvcMgrCItML 2011 SNGL MVL PerUsr Standard Each Non-Specific
License/Software $21.00 $17.27 $ 16.98 $ (0.29)
R9H-00499 R9H00499 WinEmbDvcMgrCItML SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
PerOSE License/Software $36.00 $30.31 $ 29.75 $ (0.56)
R9H-00500 R9H00500 WinEmbDvcMgrCItML SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
PerUsr $36.00 $30.31 $ 29.75 $ (0.56)
T98-02663 T9802663 WinRghtsMgmtSrvcsCAL 2012 SNGL MVL Standard Each Non-Specific
DvcCAL $67.00 $56.52 $ 23.92 $ (32.60)
6VC-02095 6VCO2095 WinRghtsMgmtSrvcsCAL 2012 SNGL MVL Standard Each Non-Specific
UsrCAL WinRghtsMgmtSrvcsCAL WinNT SNGL License/Software $77.00 $64.97 $ 63.72 $ (1.26)
T98-00812 T9800812 MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
WinRghtsMgmtSrvcsCAL WinNT SNGL LicSAPk License/Software $51.00 $42.61 $ 41.81 $ (0.80)
T98-00813 T9800813 MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$60.00 $48.95 $ 48.04 $ (0.91)
T99-01067 T9901067 WinRghtsMgmtSrvcsExtConn 2012 SNGL MVL Standard Each Non-Specific
WinRghtsMgmtSrvcsExtConn WinNTSNGL License/Software $14,306.00 $12,188.32 $ 11,952.06 $ (236.26)
T99-00381 T9900381 LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$25,035.00 $21,329.67 $ 20,916.18 $ (413.49)
6VCO2094 WinRmtDsktpSrvcsCAL 2012 SNGL MVL DvcCAL Standard Each Non-Specific
6VC-02094 $67.00 $56.52 $ 55.48 $ (1.04)
6VCO2095 WinRmtDsktpSrvcsCAL 2012 SNGL MVL UsrCAL Standard Each Non-Specific
6VC-02095 WinRmtDsktpSrvcsCAL SNGL LicSAPk MVL License/Software $77.00 $64.97 $ 63.72 $ (1.26)
6VC-01287 6VC01287 DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$117.00 $99.01 $ 97.19 $ (1.82)
Part Number Product Description Product Type Unit Period MSRP Zones SHI 0.5% Delta
State of (Savings)
Texas Price SHI vs.
Zones
6VC-01288 6VC01288 WinRmtDsktpSrvcsCAL SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
UsrCAL $135.00 $113.79 $ 111.66 $ (2.14)
6XC-00341 6XC00341 WinRmtDsktpSrvcsExtConn 2012 SNGL MVL Standard Each Non-Specific
License/Software $6,659.00 $5,673.21 $ 5,563.22 $ (110.00)
6XC-00316 6XC00316 WinRmtDsktpSrvcsExtConn SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$11,655.00 $9,928.21 $ 9,735.78 $ (192.43)
R1804301 WinSvrCAL 2012 SNGL MVL DvcCAL Standard Each Non-Specific
R18-04301 $23.00 $19.50 $ 19.20 $ (0.31)
R1804302 WinSvrCAL 2012 SNGL MVL UsrCAL Standard Each Non-Specific
R18-04302 License/Software $27.00 $22.49 $ 22.11 $ (0.38)
R18-00129 R1800129 WinSvrCAL SNGL LicSAPk MVL DvcCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
License/Software $42.00 $34.03 $ 33.47 $ (0.57)
R18-00130 R1800130 WinSvrCAL SNGL LicSAPk MVL UsrCAL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$48.00 $39.26 $ 38.59 $ (0.67)
P7107307 WinSvrDataCtr 2012 SNGL MVL 2Proc Standard Each Non-Specific
P71-07307 License/Software $3,775.00 $3,216.31 $ 3,153.97 $ (62.34)
P7107304 WinSvrDataCtr SNGL LicSAPk MVL 2Proc Assurance Pack 3 Year(s) 3 Yr(s) Remaining
P71-07304 $6,606.00 $5,628.36 $ 5,519.30 $ (109.07)
R3901130 WinSvrExtConn 2012 SNGL MVL Standard Each Non-Specific
R39-01130 License/Software $1,585.00 $1,350.26 $ 1,324.12 $ (26.14)
R39-00380 R3900380 WinSvrExtConn SNGL LicSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
$2,775.00 $2,362.86 $ 2,317.09 $ (45.77)
P7305876 WinSvrStd 2012 SNGL MVL 2 Proc Standard Each Non-Specific
P73-05876 License/Software $693.00 $590.10 $ 578.69 $ (11.40)
P7305864 WinSvrStd SNGL LicSAPk MVL 2 Proc Assurance Pack 3 Year(s) 3 Yr(s) Remaining
P73-05864 $1,212.00 $1,032.48 $ 1,012.46 $ (20.02)
FQC-03894 FQC03894 WinPro 8 SNGL MVL Rental Standard Each Non-Specific
$32.00 $26.96 $ 26.53 $ (0.43)
FQC06424 WinPro 8 SNGL Upgrd MVL Upgrade Each Non-Specific
FQC-06424 Upgrade/Software $147.00 $124.98 $ 122.61 $ (2.36)
FQCO2453 WinPro SNGL UpgrdSAPk MVL Assurance Pack 3 Year(s) 3 Yr(s) Remaining
FQC-02453 $276.00 $233.80 $ 229.35 $ (4.45)
K4U00264 WinPro SNGL UpgrdSAPk MVL wMDOP Assurance Pack / 3 Year(s) 3 Yr(s) Remaining
K4U-00264 Upgrade/Software $300.00 $255.41 $ 250.55 $ (4.86)
$1,110,032.82 $ 945,539.34 $ 927,187.34 $ (18,352.00)
ORDINANCE NO. _
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDINGA CONTRACT TO
PROVIDE SOFTWARE AND RELATED SERVICES WITH SHI GOVERNIVIENT SOLUTIONS,
INC., A MICROSOFT CERTIFIED LARGE ACCOUNT RESELLER WITH THE CITY OF
DENTON; AND PROVIDING AN EFFECTIVE DATE (RFP 5121- MICROSOFT SOFTWARE
RESELLER AND RELATED SERVICES AWARDED TO SHI GOVERNIVIENT SOLUTIONS,
INC. IN THE ANN[_JAL ESTIMATED AMOUNT OF $95,000 FOR CITY OF DENTON
EXPENDITLJRES, AND A THREE YEAR ESTIMATED EXPENDITURE OF $285,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
Microsoft Reseller and Related Services for the City of Denton in accordance with the procedures of
State law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
N [_JIVIBER VENDOR AMOUNT
5121
SHI Government Solutions, Inc. $285,000
SECTION 2. By the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of
the submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or pernutted to be performed by the City of Denton
under RFP 5121 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 , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�� �
___ �' �,,��
��
BY:
3-0RI)-RFP 5121
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
Febniary 5, 2013
Materials Management
Bryan Langley ���
Questions concerning this
acquisition may be directed
to Terry Kader at 349-8729
Consider adoption of an ordinance accepting sealed proposals and awarding a contract for the
purchase of Commander 1 Police Motorcycles for the City of Denton Police Department; and
providing an effective date (RFP 5119-Police Motorcycles awarded to Victory Police
Motorcycles in the estimated amount of $210,000 for the replacement of six motorcycles over a
five (5) year period).
FILE INFORMATION
Replacement of police motorcycles is based on the evaluation of several criteria including
months of service, mileage and maintenance costs. This is translated into a point system by the
City's Fleet Services division. The replacement criteria for a police motorcycle are 48 months or
40,000 miles of service. The acquisition of new police motorcycles is the result of Fleet Services
and the Police Department's closely coordinated efforts to ensure that vehicles and equipment
are replaced in a timely manner. This ensures that the Police Traffic Division operates as
effectively as possible.
The initial order for two motorcycles will replace existing motorcycles identified as PD8117 and
PD0912. PD8117 was purchased in July 2008, and has reached 54 months and accumulated
27,101 miles. PD0912 was placed in service in August 2009 with 41 months and 23,896 miles of
service. This motorcycle will reach the 48 month marlc this fiscal year, therefore meeting the
replacement criteria guidelines. A combined cost of over $29,600 in lifetime to-date maintenance
and repair has been paid out on the two motorcycles. These units will be scheduled for auction
upon delivery of the replacement motorcycles.
Request For Proposals were sent to three prospective suppliers. In addition, specifications were
placed on the Purchasing website for prospective suppliers to download. Two proposals were
received. Proposals were evaluated based upon published criteria, including price, warranty and
ability to meet overall deliverables and specifications. Victory Police Motorcycles' proposal
provided the highest evaluated score, resulting in the best value for the City. One additional
benefit of this award is that Victory Police Motorcycles will use a local vendor, Cycle Centers of
Denton, to provide the quoted warranty service.
Agenda Information Sheet
Febniary 5, 2013
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Fiscal Year 2012-2013 Vehicle Replacement Schedule was approved as part of Fiscal Year
2012-2013 Annual Operating Budget.
RECOMMENDATION
Staff recommends awarding the purchase of Commander 1 Police Motorcycles to Victory Police
Motorcycles in the estimated amount of $35,000 per unit for a total estimated amount of
$210,000. The purchase price of $31,012.74 quoted by Victory Police Motorcycles includes
accessories and a five (5) year warranty. Fleet staff used a$35,000 estimate per vehicle to allow
for a graphics package and any other "make ready" items that will have to be added after the
motorcycles are delivered from Victory Police Motorcycles.
PRINCIPAL PLACE OF BUSINESS
Victory Police Motorcycles
Tucson, AZ
ESTIMATED SCHEDULE OF PROJECT
The purchase and delivery of the motorycles will occur within 60 days of purchase order
issuance.
FISCAL INFORMATION
This equipment will be funded from Certificate of Obligation Bond account
810125462.1355.30100. Requisition #111798 has been entered in the Purchasing software
system.
EXHIBITS
Exhibit 1: RFP Evaluation Sheet
Respectfully submitted:
_.. � � .
�� ���
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-.�IS-File �ll9
RFP #5119 Evaluation - City of Denton Police Motorcycles
January 14, 2013
Exhibit 1
EST. Type of
ITEM Q,�,y UOM ProducUService Harley-Davidson of Dallas, Texas Victory Police Motorcycles of Tucson, AZ
Re uested
Price Warranty Probable Compliance Total Price Warranty Probable Compliance Total
Product/Installation Proposal: Price Score Score Performance w/specs Evaluated Price Score Score Performanc w/specs Evaluated
50% 20% 10% 20% Score 50% 20% e 10% 20% Score
Police
1 1 EA Motorcycles per $24,863.18 $31,326.00 78.0
s ecs
Extended
Warranty (5 full $5,797.00 $0.00
ears
Total Proposed Cost: $30,660.18 $31,326.00
Expedited Payment Discounts
Invoice Paid in 20 days 0.00% 0.00°/a
Invoice Paid in 15 days 0.00% 0.00°/a
Invoice Paid in 10 days 0.00% 1.00°/a
Total Proposed Cost - Less 10 day $30,660.18 $31,012.74
Evaluated Swre: 50.00 15 10 20 95.00 49.43 20 10 20 99.43
Evaluation Criteria: Evaluation Team Members:
Price (Factor 50%) : Adjusted Total
Proposed Pricing:
(includes 10 day Expedited Payment Fleet Seroices
Evaluation Criteria - Warranty (Factor:
20%): with Specifications, Quality,
Reliability, Characteristics Police Department Motorcycle Divison
Evaluation Criteria - Probable
Perforxnance(Factor 10%): Ability to
Meet Perforxnance Requirements
Evaluation Criteria - Compliance with
Specifications (Factor 20%): Ability to
Meet Overall Deliverables and
S ecifications
Approved: Elton D. Brock, MBA, CTPM, CTCM, C.P.M.
Notes from Evaluation Team:
* Warranty Coverage for Harley would be through a Dallas, Texas location, requiring City to take equipment outside of local area for services.
* Warranty from Victory Cycles would be serviced from Cycle Center of Denton, Texas.
* In previous experience with Harley Davidson, there was no preference for Police equipment, which caused delays.
* Victory has offered to train Denton mechanics on routine maintenance at no cost, which will result in less costly repairs and equipment upkeep.
* Victory will train Denton Police Officers at no cost, on operation of equipment (3-days training on site)
ORDINANCE NO.
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR
THE PURCHASE OF COMMANDER 1 POLICE MOTORCYCLES FOR THE CITY OF
DENTON POLICE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE (RFP 5119-
POLICE MOTORCYCLES AWARDED TO VICTORY POLICE MOTORCYCLES 1N THE
ESTIMATED AMOUNT OF $210,000 FOR THE REPLACEMENT OF SIX MOTORCYCLES
OVER A FIVE (5) YEAR PERIOD).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of Police Motorcycles in accordance with the procedures of State law and City
ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
N [_JIVIBER CONTRACTOR AMOUNT
5119 Victory Police Motorcycles $210,000
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 5119 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 , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
____ ��'"��---.� --��
�
BY:
3-ORD-RFP �119
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams at 349-8487
ACM: Bryan Langley �`��`
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a contract for
the purchase of tapered, tubular, and galvanized steel stnictures for Denton Municipal Electric
substations from Falcon Steel Company in an amount not to exceed $1,660,000 and a contract
for the purchase of substation stnict�ires fabricated from standard shaped steel products from R
and C Welding in an amount not to exceed $2,140,000; providing for the expenditure of funds
therefor; and providing an effective date (RFP 5115-Galvanized Steel Stnictures). The Public
Utilities Board recommends approval (7-0).
RFP INFORMATION
Denton Municipal Electric (DME) has substation projects approved in its five year Capital
Improvement Plan (CIP) that will require the purchase of galvanized steel stnictures. For several
years, DME has used the same stnictures in most of its substations. For future projects, a set of
standard stnicture designs has been developed that can be used for all CIl' projects even though
the design has not been completed for all stations at this time. Two types of stnictures are used
in stations: (1) tapered tubular type (lilce transmission line poles) and (2) assemblies that are
constnicted using stocic types of steel material such as square tube, round pipe, I-beams, angles,
and channels. RFP 5115 was developed to purchase these two types of standard steel stnictures
as they are needed for the upcoming proj ects. A detailed description of the materials to be
purchased is included in the Public Utilities Board Agenda Information Sheet (Exhibit 1).
Request for proposals were sent to 104 prospective suppliers. In addition, the solicitation was
placed on the Materials Management website for prospective suppliers to download and
published in the local newspaper. Six responsive proposals were received for tapered tubular
stnictures. Eight responsive proposals were received for standard shape types of stnictures
including square tube and I-beam stnictures. Exhibit 2 shows the final evaluation summary for
all proposals. Proposals were evaluated based upon published criteria, including price, delivery
and probable performance by the supplier. The detailed proposal evaluations and ranlcing for
tapered, tubular, and galvanized steel structures are included as Exhibit 3, indicating Falcon
Steel Company's proposal received the highest evaluated score. The detailed proposal
evaluations and ranlcing for square tube and I-beam structures are included as Exhibit 4,
indicating R and C Welding's proposal received the highest evaluated score.
Agenda Information Sheet
Febniary 5, 2013
Page 2
RFP INFORMATION(CONTINUED)
Exhibit 5 details the pricing, with estimated escalation included for both recommended suppliers
(Falcon Steel and R and C Welding). As these suppliers represent the overall best value for the
City, staff recommends award by the City Council.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 14, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Approve the award of a contract for the purchase of tapered, tubular, and galvanized steel
stnictures for Denton Municipal Electric substations from Falcon Steel Company in an amount
not to exceed $1,660,000 and a contract for the purchase of substation stnictures fabricated from
standard shaped steel products such as square tube and I-beam stnictures from R and C Welding
in an amount not to exceed $2,140,000.
PRINCIPAL PLACE OF BUSINESS
Falcon Steel Company R and C Welding
Haltom City, TX Gering, NE
ESTIMATED SCHEDULE OF PROJECT
The initial term of this contract is for one year ending Febniary 5, 2014. The City and the
awarded vendors shall have the option to renew this contract for two (2) additional one year
periods. Purchases will be based on proj ect schedules. It is planned to order the steel for the
Audra substation site immediately upon approval.
FISCAL INFORMATION
The costs for materials and services purchased under the proposed agreement will be funded out
of amounts budgeted for specific projects. The work proposed will be mostly in the transmission
category. The transmission costs for projects will ultimately be recovered through the Public
Utility Commission Transmission Cost of Service Program (TCOS).
Agenda Information Sheet
Febniary 5, 2012
Page 3
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Information Sheet without Exhibits
Exhibit 2: Final Evaluation summary
Exhibit 3: Evaluation Details/Tapered Tubular Stnictures
Exhibit 4: Evaluation Details/Square Tube and I-beam Stnictures
Exhibit 5: Unit Pricing and Estimated Quantities
Exhibit 6: Draft Public Utilities Board Minutes
Respectfully submitted:
-t�-
;� � __..
;
� �
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1 =AIS-RFY 5115
�xh�blt 1
`�' `�' :
� `' �'' ., � � : � ,;
�
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Ea1�iUit 1
PUBLIC UTILITI�S BOARD AGENDA ITEM #�5
AGENDA INFORMATION SHEET
AG�NDA DATE: 3an�.iary 14, 2�13
D�PARTMENT: Utilities
TIES ACM: Howard Ma�•tin Utilities, 349-8232 �'
UTILI ,
SUB.IECT
Co�iside�• recom��ierzding appro�al of a��nua�ly renewable, LiIlit �?I•ice pt�t'C�1c�Se ��l�elllellt5 �i�l�il
Faleon Steel Compai�y for purchase of tapet•ed tubula�', gal�anized, steel st�•uctures for
substations i�� an amount not to exceed $1,66�,000 at�d wit�� R&C Weldi��� �or pt�rchase oF
st�bstation st�'uct��res fa�ricated froni sta�ldard sl�a�ed st�el praducts in a�� amo��nt not to exceed
$2,140,000. (RFP #511 S)
BACKGROUND
Denton Munieipal Elecri•ic (DME) �as substation �rojects approved in its fi�e year Capital
Improvement Plan that will rec�ui�'e purchase of �alvanized steel str�ctures. Fo�• sevet�al years,
DME has used the sa�71e structures in most of its substations. Fo�• futu��e pr•ojects, a sct of
standa�•d stiuch�re designs lias been dev�ioped t�at can be �ised fa�' all CIP projects even thai�gli
the desigi� has r�ot been coiilpleted for all stations at tllis ti�ne. Cai�sequei�tly, it is possible to
�rraa�ge pucellas� of the steel for n�ultiple stations frai�� o�1e �u�•chase actiot�. Ai� RI'F was
developed to purcliase standa��d steel st►•uctures that will be used far many projects. Sufficient
wot•k an st�tion design has �een done ta insu�•e tl�e validity of the app�'oach. Tliis has tlie
a�ivantage of consisteney, redueii�g wo�•kload, and gaining better pricing.
Two types of structures are usecl i�t statio�is; (lj ta�ei•ed tt�bular type (like transt��issio�i li��e
poles) auct {2) asseniblies tl�at ace constructed usii�g stack types o� steel mate��ial suc� as square
tube, round pipe, I-�ean�s, angles, at�d chaj3nels. Static poles and tcansn�issiou terminatio�i
st�•uctures are farn�ed tubular siructures that are ma��ufactured fi•o�i� flat plate steei to a specifie
size and design. Pole sectia�is a�•e taper•ed so that they a�•e smailer at the top than at the bottoF��.
To construct th�ni, flat plate is cut in tkie proper t�•apezoidal shape the�� t�ent at an appropriate
number of places to focm a tubi�lar sl�ape. The sea�n is tt�e�� welded to cainplete #he sectio��.
Base plates, iops, and other aitaclune��is are then welcied to ihese tubular sectioa�s to corn��lete t��e
structures. Vertical seciio�ls are gene�'ally tapered. Horizontal n��mbers ace noi tapered.
Taperec� t��bular structut•es are large, �•ated for greater Ioads, and are generally more expensive,
Other structut•es for substatiQns, such as switcli stands, b��s supports, it�strun�ent transforil�er
stands and othe�• iteins are inac�e af r•eadil3r a�ailable standard shaped steel materials. Exllibit 2
co�atains infori��ation on the n�mbers of differe�it types of strueti�res needeci fo�' a�� aver�ge
station. Tlie RFP pern�itted vendors to �i�ake proposals fot fixrnisliing eitl�er or both types of
st�•uctures. Awa��d is reco�n�nencied indepeudet�tiy fa�• the two types. E�a�nples oi a substation
layout and steel details a��e contaix�ed in �xhibit 4.
A1S — PUB Agenda �te��1 #5
�aiivary 14, 2013
Page 2 of 4
R�'P #51 I5 «as structi�rec� to obtain unit prices for a variety oi steel structures. These �re listeci
in EYl3ibit 2. Purciiase orders will be issued for each substation «�heii tlie project is i•e�dy to
proceed usi��g tile unit pricing, The prapased can#ract will �iot be exclusive, will not obligate
DME to eYpend any miui���um an�oui�t, and can be termi�lated at any time �vitij �otiee.
'I'li� RFP was adver•tised in accorda��ce wit�� Materials Managei�ient proced�ces. Six i•espo��sive
proposals were recei�ed fa�' tape�•ed tubul��• st�•uctures. Eighk responses were received fot�
stajxlard sliape types of stx�uetui•es. Tl�e me�7lbers of the RFP evahiation team were Kare�i Sn�itli,
Chuck Sears, aiid Laura Cl�eek. The propos�ls were e��aluated in accordauce with the factais
included in th:e RFP wi�ich were:
a} Iiidicators of Probable Perforiz�ance (�`ACTOR 2S%}.
Indieators of pz•obable �ei•for•ma��ce iinder the co�it�•aet to ineiude: past ��endor
perforniances, finhncial resources a�id ability ta pe�°form, experience oi•
dej��oi�sirated capability ant� responsibility, references, �nc� ilie vendo�'s ability
to pravide reliabie mai��tenanee agreei��e�its and support.
b) Proposal Quality (FACTOR l�%)
The qu�lity of the subn�itted propas�Is, including co���pietio��, accepta��ce af t1�e City's
Stai�da�•d Terms aud Co�lditions, or acceptable b}T the City of Deiito�� of e�ceptions to
the pro�osal.
c) Delivecy Ti���eframe {��CTOR 15%)
The cieliveiy timefi•atue for goods after receipt of order {A,R.O.)
d) Price, Total Cost of Ownership (�'ACTOR 50%)
The price of tlie itet��s, to i�acll►de total eo�t of awnersilip, such as installation
costs, life cycle costs, and wai•�anty p�'ovisions,
Iiiformation fi•o�j� t��e proposals is sumtnarized in Exliibit 1. Construction of the �•econ�mended
contcact amount is in Exhibi� 2. The detailed infor���ation from the proposals ai�d evalu�.tioY� is
included in E�hibit 3. "Tl�e e�aluation facto�•s were assess�d ind�pexide��tly, aud then the points
we�'e added to deterini��e the proposal wit�� the best vaiue to the city. The proposal w�th the
hi�;hest poi�its for tapered tubular struct��res was fron� Falcon Steel Co�np�u3� in HaltoY�� City,
Texas. Tlie p�'aposai wit�i the highest points for st�ndard shape type strt�ctu�•es ���as fron� R&C
Welciing it� Geri��g, Nebraska. Botl� p�•aposals n�eet the requirements ofthe s�ecificatio��.
The �•ecomniended cojitract amauiit was ar��ived at by �•o�inding the cstit��at�d total cost for ti�ree
years up to the �earest $10,Q00. The RF'�' i�icludecl a t�iec�ianisnl for adjusting the price over
tiine based on a third party itidex. This is necessa�•y for the agreeme��t to be �seable over the
three yea�• ti���e f�•an�e. Cost adjustn�ents can be made iilonthly b�sed an the U.S Department of
Labor, I3ul'��il Of LaiJ01 StatlSilCS Pi'OC�LICOT' Price Ij�dex (PPI) for �z�on, Steei Pi�e anc� Tube fi•or��
purchased steel {Series ID: PCU331210331210) if the iilcleY chai�ges inare than 1% «p or down.
OI'TIONS
l. Reco��iniend appra��al.
2. Not �eeo��i�iiettd appj'oval and c�irect that otlier actions be taken.
AIS — PUB Agenda Iter�t #5
January 1 �, 2� 13
Page 3 of 4
RECOMMENDATION
DME recom���ends ap��•oval of aii annually, �•enewable, unit price agrce�ne�lts with Falcon Steel
Compan3T for purchase of tapex'ed tubi�lar structu�'ss an�i wit� R&C Welc�ing for purc��ase of
sta�id�rd shape type struct���•es.
ESTYMATED SCHEllULE OF PROJECT
Purchases will be based �n project scl�edules. It is planneci to order the steel fa�• the Audra site
i�n�nediately upan a�proval.
PRIOR ACTION/REVIEW Cauncil Boards Commissions
There ��as beeti no prior action related ta this p�rchase; liowever, tl�e �roposed pu�•cl�ase is
co��sistent with project information detail�d in CIP and budget presentatio��s.
DATE SCHEDULED F�R COUNCIL APYROVAL
Febi�uary 5, 2013
FISCAL INFORMATION
The costs for materials a��d services purchased uuder the proposed agreemeiit wi11 be funded out
of a���ou��ts budgeted for specific p�•ojects. The work proposed will be i��astly i�� the t�•ausn�issian
category. The transmissian costs fo�• ���ajects will ultimately be recovered throug�� the Public
Utilit3' C�I11i111SS1Di1 TI�IIST1]1SSlOf1 COSt O�S8l��1Ce Pi'Ogl•a��� (TCOS).
RFP INFORMATION
The RFP infori��atio�i is sumnia��ized in Ex��ibit l.
EXH�BITS
1. Evaluation Summary for RFP #5115
2. Estima#ed Conh•act Ai�lount fo�• RFP #5115
3. P�'oposal Detailed Infornaaiion �rom RFP #51 l 5
�. Ty}�ica1 Substatian Layout and Steel Drawings
AIS — PUB Agenda Ite��� #�S
Janua��y 14, 20 t 3
�age � af 4
Respectfiill�� subi��itted;
// � ► /
,, ,
Phil Williai��s
Gei�eral Mai�ager
Deiiton Mt�z�icipal Electric
P�•epared by:
L- . t��. �`- r
� ��,�.�... ,�..'"'.�
Chuck Sears
Transn�issio� En�;iilee�•ir�g Manager
Deiiton Mu�icipal Electric
;� � +
E�h�b�i 2— Fi�al Evaluation Sumrnary
Tapered Tubular Structures
, _�_ �
Square �"ube I-beam Structures
: Exhibit 2
Evaluat�on Summary for'RFP #51 � 5
Subs�atzon' Galvanized Steel Structures
PUB - January I4, 2013
Tapered Tuhular Structures
Total Evalu�ted DeIivery
Vendor Vendor Location �ota7 Evxluated Reciprociry �cE ,�� ���� Total Points Rank
Pziee Pereentage Reciprocity ARO}
Falcon Steel Haltoz� City, TX $3a6,298.40 0% $306,29$.00 20 94.00 1
V&S Schuler Catzton, 4H $369,308.00 S% $387,7'73.40 12 89.�9 2
Techline - CHM jFort Wortt� - Sagznaw, TX $40I,$72.Ofl ' 0% $401,872.00 14 85.97 3
Techlix�.e - Distran Steel (FOii WOit�i - P11tEV1�lE, LA $398,bb3.00 0% ; $398,663.00 25 80.62 �
Distran Steel Pineville, T A $386,510.00 IO% $425,161.00 2S 78.22 5
Techline - Valmnnt Fort Worth - Mansfield, TX $467,245.00 0% � $467,245.00 35 72.92 6
I
Squa�e Tube a�cd I-beam Struc�ures
R&C Weld'zng Gering, NE j $451,871.85 0% $451,871.85 6 100.00 I
Aluz�z Elec Structures, Iuc. Kendallville, IN j $478,401..40 S% $502,321.4� 12 87.48 2
V&S Schuler Cantoz�., OH j $538,14837 5% ( $565,055.79 12 82.�8 3
Falcon Steel Haltam City, TX � $SS7,16 i.00 0% $557, � 61.00 16 8 L I S � 4
Tecl�line - Dzstran Steel For� Worth -1'ane�ville, �,A � $a79,886.00 0% $579,$86.00 14 80.39 � S
Distran Steel Pineville, LA � $557,691.00 IO% � $613,460.10 i4 7$_26 � 6
Parks Meta3 Fabzicatozs Wake Village, TX i $&37,$05.00 0% $837,805.00 6 76_97 � 7
T�xas Steel Denton, TX � $56�,542.p0 0% $564,542.00 Not Stated 65_02 � 8
( � �
RFP# 5115
Exhibit 3-�val�ation Details
rI'apered Tubular Structures Unly
; , Exhibiti 3
Unzt Prices iar RFP �511 S
`Tapered Tuliular Steel Structures
p ..
I'UB - Jannary 14, 2413'
PYO Oset' %chline- Valmont Techline - C!-!M 7'echlrne - Dis�an
;Princi��l Place of.Basiness ; Ft. warth, Texas ;- >Ft::worth,::7exas Ft. Worth; Texzs :
Estimated Estimated Estimatcd Estimated
FirstYear Delivery FirstYear Delivery FirstYear Delivery
Description Annual Total A[tnuaf iotal Annual Total Annual
QuanY ��it Cost Co� (Nfeeks Af20J UniY Cost Cost �e�� ARO) Unit Cost Cost ��� �p)
65' overhead shield wire pote 93 $10,795.04 $ 1A0,335.00 3S $9,021.00 $ 117,273.00 9 D-14 59,725.00 $'l26.425.00 2i-25
� 38kV M-trame transmission termination
s�uciure 8 $33.O7d.OQ $ 264.592.00 35 529,413.90 S 235.304.00 � 0-15 $28,286.OD $ 226288.09 2�-25
Lighi bracket for taperecS tubular
sm,c��as ao $2sz.00
Anphorassembliesfor65-qSHW01 13 $1,302.00
Anchor assemblies for i38 TOS02 16 $2,207.00
Subtota[ for al! Tapered 7ubWar 5tructures, and Anahorqssembfi
SUBTOTAL & RECIPROCriY �VALUATI(
5 '10.080.00
$ 35,312.00
$ 467,245.00
5 a6�,245.00
4LUATION CRITERIA ':
Indicators of Probable Performance 25 25
Proposal Quality 14 7.0
Delivery 15 5.1
4
$125.55 5 5,022.00
$1,973.04 5 25,649.D0
$1,� 64.06 5 t$,624.00
$ 409,872.00
S 409.872.00
....._.�25
i0
7.2.9
38.i1
$78.00 5 3.120.09
S1.�I90.00 $ 75.470.00
51,7?0.00 $ 27,360.00
$ 398,663.09
$ 398,663.DU
7
!E�hil
_ Uriit Prices fo
Tapered Tubular
PUB - Janua
511� '
tnactures
PrOpOSG'r �alcon Stee! Company V& S Schuler Dis Tr2n Stee!
P. �il1Cip�1 PIaCe:of Bl15iTtesS ;:tlaltom.Cify, Tx ::' Canton, ON Pinevrlle, CA;:
EsUmated Fstimated Estimated EsYimated
EirstYear Qelivery FirstYear Delivery FirstYear Deiivery
Description Annual Total Ar�nua! 7otal Mnc�al Total qnnual
Quan ' Unit Cost Cost {Weeks ARO} Unit Cost Cost �eeks ARO) Unit Cost Cost Mfeeks ARDj
65' overhead shield wire pole i3 $7.72A.p0 $ 144,472.Qp �&-20 $6.836.00 5 114.868.D0 10 to 12 $9,435.00 $ 122,655A0 21-25
138kV W-frame transmission tertnination
5CuCture 8 $22,432.00 $ 179,456.00 4$-20 526,345.00 $ 210,760.00 10 to 12 $27,427.00 $ 219,416A0 21-25
L�ht brackeY for tapered tubuiar
structures 40 $42.00 $ 'E,680.00 't8-20 560.00 $ 2,400.00 '10 to 12 572.00 $ 2,8$OAO 2'I-25
AnchoraSSembGesfor65-65Hw01 ?3 �550.00 $ 7,150.00 4416 $992.90 $ 12,896.00 10to12 $1,155.00 $ 15.015.00 5
AnchorassembGesforl3&TOSQ2 i6 S'�,100.40 $ 17,6ptl.06 4M1fi $1,774.00 5 28,384.00 10to12 $1,655.00 $ 26,544.00 5
SuhtoCal for all iapered 7uhuEar 5VUCtures, and Anchor.�ssemhlies g 3(16,298.QQ $ 363,308.00 $ 386,5't0A0
SEiBTOTAL 8 REC[PitOC[TY EVALUATION $ 306,298.00 $ 387,7'73.40 $ 425,16iA(1
]ndicaiors of Probable PerFormance 25
Propos�l Quality 10
�eli�erv 15
25
]0
9
25
].0
15
2S
10
7.2
RFP# 5115
Exhibit 4-Evaluation Detalls
Square Tube and I-bearr� Structures 4nly
Exhibit 4 .
LTxuit Prices for RFP #�5115
Square Tube and I-bearii Structures
_ PUS - January 14; 2013
P�apOSer Techlina - Distrart Falcon Sfeef Camparty V& S Schuler Dis Tran Stee!
Principa[ Place of Business Fr. worth, Te�cas Haltom City, 7x Canton, Oh! .-: Pfnevr]le. LA . -: .
Estlmattad EsUmatfld EsUmatutl EstlmaWd ''�, EsBmatnd
FlrstYaar 4ouvery FIrsYYCar Oollvery FlrsiYOar �� DQtivery Flrstve�r oenvcry
DeSCriptiOn Mnual UnitCost ToLalAnnua3 �y,r�ksARO) i1niYCosY TotilAnoua! ����0� Uni2Cosi TotalAnnuall����Oj L3nitCost Yow[AQnual M,onksAROJ
nt
�32kV3-phasebussuppoa 6 S9B9.00 S 5,8�a.00 �0-�4 S994.00 S 5,964.06 74-16 SS.967.24 S B.043.aa tOto�2 59ap.OD S 5.6n�.00 i0-ta
�38kVsingfe-phaseCTpetlestat 6 5710A6 S 4,260.00 10-�4 57�5.00 5 a290.00 i4-16 5726.39 S 4.370.3a tOto�2 5689.00 S a,�3a.q0 10-14
138kV slrsgle-phase PTpetlesta! 57 g1,227A0 S 6a239.00 i0-14 $1275.00 $ 72.675.00 1a-16 $1,297.92 S 7.787.52 10 ro 12 Si,�9a.06 S 62,356.00 �0-14
138kV sing€c� phase hlgh bus petle�al 42 $996A6 5 41.832.00 Tp-14 $1,609.00 S 42,3T8.60 tA-16 51.020.76 3 6,124.56 16 io 12 $967.40 S 40.61a.00 70-14
�38kVSinglppha,elowbuspedastal 75 S84a.00 5 48.30O.0o �0.7a $6a3.00 $ AS,225.00 1415 $686.1a $ 4,1�6.84 16to22 5625.00 S 46,875.00 19•tA
138kVhlghbusdl5eonnectswltehstantl 32 54.40a.00 5 14p,g28.00 �0-74 Sa,065.00 S �30,080.00 14-1& Sa,123.60 $ 24,741.86 36to12 Sa,272.pQ S 136.7pa.00 10-14
138kVlowbusdlscortnectsw{ichstand 27 53,723.00 5 100.521.00 �0•14 53,30a.D0 5 89208.00 14•18 53,398.59 $ 20.391.5A �Oto�2 53,&92.00 S 97.524.p0 1p-14
Transiormerbar8��9and:.uppartmambo� 6 517,758.90 5 406,5A8.00 10-tA 519,298.00 S 7�5.786.00 �4-1b 510,4&9.00 5 62,8i4.00 �Oto12 517,22&.00 5 103,356.00 10-i4
MehorbolLforPOUndaBOnsF2andF�D(�"oz2'-G'� 1372 St9.00 5 26,668.00 572.00 5 16,46a.00 10-12 $97.86 5 106.80 70to12 517.00 5 23.324.90 5
AnchorUOlttemplateforFOUntla�on F2(temp�ateiP3) 66 562.00 3 3,729.00 579.00 5 �.140.00 �9•�2 374.56 5 87.00 10to12 555.00 5 3,300.00 5
AnchorbUttemplatefotFauntlatian Ft0(�'amplateTP6) �5 555.60 $ 825.00 59.00 5 T35.09 1p-12 58.00 S 48.00 i0to12 SW.90 S 756.90 5
Beadngplateiareq�lpmentsheltertoandatton(notgawar�Zed} 68 5�59.00 S t0,812.00 598.00 S 6,66a.00 �4-�6 5208.00 S 648.00 tOto12 51A3.06 5 9.724.06 �0-1a
,�e,.�,���n_...�._......���...�.�.,..�.,,w, o� s�eann a �K_?ac_nn 5280.60 $ 25880.00 14-76 S473A� 8 2,478.00 tOto12 $238.06 S 22,848.06 16-14
SubWtal for sIi 5qu�n3 Tvbo 5SruMUros, Mchpr AsspmbAes and
5poclal Constructloa Su�ms:
5UBTOTAL & RE.CIPROCfTY fi1lALLSATtON
tor incraasing struewre helght
I for adding a new stvtiure
� Gost for Swcturo Atltlltlons and
�ERIA � ..... . .. . . .
S 579,886.90
S 5I9.88&00
$ NA
5 NA
5 NA
100
0
5 27D.00 ta-�6 St8.00 S 248.00
5 557,161A0 S 538,148.37
$ 557,161.06 S 565.055.79
520.00 5 540AD 10-1A
5 557,69�.00
5 6l3,460.t0
$2.00 S {600.66}
SL80 5 i,800.09
$1.80 S 3,600.00
- : Exhibit 4 " ' .
UnifP�ces forRFP #5115
Square �'ube and Y-bearn Sfnictures
PUB�Janiiaiy]4.20i3 `
_. _ , .
_
PropOSer R& C Weldin Alum Elec Structures !nc Texas Stae! Parks Meta! Fabripfors
Principal Place oi Business . - Gart , NE - Kendallvirle, lrv Denton,:i�C _ wake viAa e, rx
3 , .
Esdmate3d �s8matetl EsttmAtotl Estlmatod EsUm�tod
PiatYaar 9mllvtsry FirstYoar �elivory FlrstYear pollvary FlrstYOar po33wiry
DESCriptiOn A,mual unitCost TotslAnnual �g���0) UnitCost ToSalAnnual M,�oksaR9] Un7tCost 7p���nua1 �y,rQOksARO) ilnitCosY To�,lAnn�sl �����}
� i
132kV 3�phase bvs support 6 5799.82 S 4,798.92 5-6 5910.00 S 5.460.00 i0 to 12 51,246A0 5 7,476.00 52.030A6 S i2,180.00 4-6 �A
138kV singie-phase CT pedestal 6 5663.� 7 S 3.649.02 5-6 56&0.00 5 3,960.00 ! Q to �2 SSa6.00 S 5,076.00 Si,900A0 5 11,400.00 a�5 EA
138kV:�ngie-pnaseP7pedestal 57 51,078.03 S 67,aa7.7� 5-6 599&00 S 56,772.00 90to�2 Si.�93A6 S 7.156.00 52,860.00 $ �59,6DD.Op 4-6FA
i38kV Jngle- phase hfgh bus petlesGal a2 58t2.99 S 3a.ta5.58 5-6 5924.09 S 38,80&00 70 tp 12 S�.�Q9A0 S 6.65a.00 52,500.00 $ 1p5,0�9.00 4-6 EA
�38kV singie- phase iow bus pedestal 75 5557.52 S a�,8ta,00 5-G 5597.00 S 44,775.00 �0 fo �2 5762.00 s a.s72.00 R�_ann nn e 2Rn nnn nn e..a Fn
138kv hfgh bus dlsconrsecc switch siand
138kV low pus tllSCOnnECt 5WIkh Stand
Tr3nsformer bar grating and suppoR mem4ers
.4nchor ponsfor FoundaUOr�s F2 antl F10 (1'o x 2'6"�
anchor palt iemplate for Foundation F2 {Tempfate TP3}
.anchor bott temp�te for Fountlatlon F10 (iemplate TP6}
BeaAng pWte fQr equlpTent SheltOf 10UntlatlOn {not galvan�etl}
73Ekv Ev2 swltch outrSgger (aluminum)
SwdtCh Sp3CC� pf3t8
SubMtal for all Squaro TuCO 5trueturos, Anehor AssombAas and
SpoCls] COnstsuctlon Itoms:
SUBTOTAL & REC3PROCiTY EVnLUA710N
rer pound for decre�ing s4ucture hefght
�er pound for inaea5ing swcture helghi
par pountl for adtling a neW Mructure
Est. Total Cost for Suuctura Addltlorss and Motll
)N.'CRITERIA .
32 53,3Q6.72
6 512,853.60 5 77.721.66 5-6
372 �17.79 S 24,284.40 45
60 516.15 S 969.96 AS
15 59.43 S 145,45 4-5
68 51 i 6.97 S 7,545.96 A-5
96 $'175.62 S � 6.859.52 6-8
5 a51.871.85
S 651.877.85
119.098.06 i0YOt2 SA,6t2.00
$ d78,d07.4tl
5 502.327.47
io
tp
59.70
S 30.00
3 30.00
$ a�aio
S 56.70
$ �,zso.vo
3 560..5,62.00
$ 564.542.00
5 -
5 -
4.250.09 5 t 14.TSfl.00 4-6 FJ�1
12.170A6 5 72.660.00 4-6 �.4
520.00 S 27.4a0.00 4-8 �P.
540.00 S 2,4Q0.00 4-G EA
525.00 $ 375.00 4-6 EP,
s -
$ 837,865.60
5 $37.805.00
_
25 25 25 20 25
ao so ia s ao
15 15.a 7S n n 7 S n
R�P# 5115
T�,xhlbit 5
�Jnit Pricing and Estlmated Quantities
and Structure D�°awing Detalls
; ;.
Exhibit S
,.
Uni� Prices & Esiimated Coritz�act Amou�.t for RFP #S I 15 ;
Substarioin Galvanized Steel Stnict�,ires
�'UB"- January 14, 20i3
Tapered Tubular Structures (Falcon Steel, Haliom City, T�) -
���t� Estimate3 First Estimated Second Estimated i'hird Coniingency
Structure Annual Unit Price 1.�. �ost Year Gost Yeax Cost Amount (5%) Totals
Q�ti�'
55' overhead shield wue pole 13 57,724 $100,412 5103,424 $146,527 $15,518 S325,882
138kV H-fravae trausuzission termibation struct�u-e 16 $22,432 SS58,912 5369,679 �380,770 $55,46$ 51,164,829
Li;fit bracicet for tape�d tu5ular suuctures 60 $42 �2,520 52,596 $2,673 5389 �8,179
Anchorassembliesfor65-OSHWOI 12 $550 �6,600 56,798 $7,002 51,020 $2I,420
Anchorassemblies for 138-TOS02 ! 32 51,100 $35,200 $36,256 SS7,344 S5,4i� 5114,240
Price chaz�ge per pound for decreasing structure height � -3D0 S 1 -5300 -5309 -$318 -$46 -$97A�
Price change per pound for mcreasing stxuctura fieight l Op0 S2 S2,000 S2,060 $2,122 5309 �6,491
Average price per pound for addin:g a ucw stxucture ( 2000 S2 54,000 54,120 $4,244 S618 $12,982
TOtal I $i,G53,048
Recommended Contract Amount I 51,66t1,006
Structures Corzstructed Using Standard Steel Material (R&C Welding, Gering, NE)
13 �1cV 3-phsse bus support 8 5794.82 56,399 S6,59i $6,788 5989 S2U,766
138kVsingle-phaseCTpedestal 24 $503.i7 $14,476 $14,910 515,358 52,2a7 $46,981
138kV single-phase PT pedestal 72 51,078.03 $77,618 $79,947 S82,345 $l I,995 S25I,90S
138kV single- phase hi� bus pedestal 72 5812.94 $58,535 $60,29I 562,100 59,046 S 189,973
138kv single- pku�se ]nw bus pedestal 9d 5557.52 $53,522 $55,128 SS6,781 S8,272 5173,702
138kV high bus disconnect switch stand 48 33,306.72 $158,723 $163,484 $ i 68,389 $24,530 5515,125
1�8kVlowbusdiscozinectswitchstand 40 52,682.I4 $107,286 $110,504 $113.8I9 ^�16,580 5348,I90
Tz•aasFoznaer bar �-atin� and support members 8 $ t 2,953.60 S 103,629 �106,i38 $149,940 $16,015 5336,322
Anchor bolts for Foundations F2 and F]0 (i"e x 2'-6") iS8S �17.70 $33,418 �;4,42G S3S,45S 55,165 5108,455
Anehorbolt tero.plate for Foundation F2 (Template TP3) 12fl 516.I5 51,938 �1,996 52,056 $300 $6,290
Anchorbolt temp]ate for Foundation F10 (Texuptate TP6) 20 $9.43 3189 5194 5200 S29 $612
Beaxin�; plate for equipmemt si�elter foimdation {not galv�nizod} 104 $110.97 $1 I,S41 $ 31,887 S 12,244 Sx,784 S37,455
138kV EV2 switch outrigoer (alunun�) lA4 5175.62 $25,289 $26,048 �26,829 $3,90& 582,075
5witchspscerplate 4$ 510.81 $519 �534 5550 S80 $1,684
Price cl3arage perpound for decceasin; structure bei�zt -300 $I36 -$40$ -$420 -5433 -563 -�1,324
Pricechan;eperpoundforincreasin�sttutturehei�ht 1000 $i.36 $I,S60 $1,401 51,443 $210 �4,414
Average price per pound for adding a new structure 2000 $i.36 $2,720 $2,$02 52,8$6 $�F20 S8,828
Total $2,131,453
Aecommended Coutract Amouut I �2,IA0,060
1�FP# 5115
Exhibit 6—PZJ� Draft Minutes
2
3
4
5
6
7
S
9
10
11
12
13
14
15
i6
17
18
�Yhibit 6
DRAI'T MINiJT�S
PUBLIC UTiLITIES BOARD
Janua�y 14, 2� 13
After tietermir�ing that �. quorl�t�� af tl�e Public Utilities Board of ti�e City of Denton, Texas is
present, the Chair of the P�iblic Utilities Boa�•d will thereafter con�ene itrto ai� open meeting on
Monday, Jan«ary 1�, 20I3 at 9,00 a.in. in the Se�•�ice Cearter Training Room, City of Denton
Service Ceiiter, 901A Texas Street, Denton, Te�as.
Present: Cliai�•nian Dick Sinitl�, Vice Chair Billy Cl��ek, Ra�lcly Robi��so�j, Barl�ara
R�assell, Leo��arcl Herring, Pl�il Ga�liva�� ai�c[ Lilia Byi�u���
E� Oificio Members: Howard Martin, ACM Utilities; Geoi•ge Can��6ell, CM
OPEN MEETING:
C�NSENT AG�NDA:
19 S. Cailsider r•eco����iending approv�l of annual�y �•enewable, unit pt•iee pw�chase agceeinents
20 with Faleon Steel Ca���pany for purchase af taperecl tub��lar, gal�ranized, steel stri�chires far
21 substations in an amount not to exceed $1,b60,000 �nd with R&C Weleti��g for purc��ase of
22 substation st�•�ctu�•es fabricated from staudacc� sliaped steel products in a�� amount iiot to
23 exceed $2,140,000. (RFP #5115)
2�
25
26
27
28
A motion ta appror°e itein 5 �4�as made Uy Boarci MeinUer Gallivan with a seconc� by Board
Mernber Rnssell. Tlie vote `�=as 7-0
Adjaur�ii��ent 10:33a,ni,
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR THE PURCHASE OF TAPERED, TUBULAR, AND GALVANIZED STEEL
STRUCTLJRES FOR DENTON M[_JNICIPAL ELECTRIC SUBSTATIONS FROM FALCON
STEEL COMPANY IN AN AMOUNT NOT TO EXCEED $1,660,000 AND A CONTRACT FOR
THE PURCHASE OF SUBSTATION STRUCTURES FABRICATED FROM STANDARD
SHAPED STEEL PRODUCTS FROM R AND C WELDING IN AN AMOUNT NOT TO EXCEED
$2,140,000; PROVIDING FOR THE EXPENDITLJRE OF FLJNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (RFP 5115-GALVANIZED STEEL STRUCTURES).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of galvanized steel stnictures in accordance with the procedures of State law and City
ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
N [_JIVIBER CONTRACTOR AMOUNT
5115 Falcon Steel Company $1,660,000
5115 R and C Welding $2,140,000
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 5115 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated proposals, 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 , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNg'ER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�� �
___ �' �,,��
��
BY:
CONTRACT BY AND BETW�EN
CITY OF DENTON, TEXAS AND
R& C WELDTNG AND FABRICATr4N, �NC (RFP 5115)
THIS CONTRACT is rnade and ente�•ed into this day of , _ A,D.,
2013, by and between R& C Weidin� and Fabf•ieation, Ir�c, a corporation, whose address is 880
East Countrv Club Road, Gei�in,g, NF 69341, heceinafter refer��ed to as "Supplier," and the CITY
OF DENTON, TEXA,S, a home rule municipai corporatian, hereinafte�• �•eferred to as "City," to
be effective upon approval of the Denton City Council and subsequent execution of t�is Gontract
by the Denton City Manager or his d�aiy aukhorized desiguee,
For and in consideration of ihe covenants and agreements contained herein, and for the
mut�aal bene�ts to be obtained he�•eby, the parties agree as �olfows:
SCOPE OF SERVICE�
Supplier shall provide prod�acts in accordance with tlie City's RFP # S 11 S Galvanized
�ubstation Structures, a copy of which is on file at the office of P�trchasing Agent and
incarporated herein for all puiposes: The Cont�•act corisists of this written agreement and the
fol�owing items which are attached hereto, or on f le, and incorporated herein by reference: ',
(a) City of Denton's RFP 5115 (on �Ie af ti�e a�fice of the Purchasing Agent} '
(b} . �tancfa�•d Terms and Conditions (Exi�ibit s`A") ,i
(c) Special Terms and Conciitions {Exi�ibif "B"} ;
(d} Supplier's Propasal. (Exhibit "C'}; ,!
These docu�nents make up the Contract ciocuments and what is called for by one shall be
as binding as if called %r by all, In the event of an inconsistency ar canflict in any of the
provi�ions of the Cont�•aet documents, the inconsistency or conflict shail be resolved by giving
precedence f rst to the written agreement then to the contract documents in the order in which
they are listed above. These documents ,shall be refei�xed' to :collectiWely as "Contract
Dacutnents."
_ �
, .
,�
�
. ';
_
. ; - ;
RFP 5115
IN WITNESS WHEREOF, the parties of these presents have execi�ted this agree�nent in
the year and day first abo�e written.
SUPPLIER � � � �� ��"�'�
�
BY: G `
THORIZED SIG ATURE
Date;
Narne: '�� �'J? .��4��
Title: �sf.vacLiv,�-�r�}lt�����9�.�v
�C? �`- � .�s " Od r��
PH4NE NUMBER
� O cY�— � �S �� �1 ��
�AX N UIVIBER .
CITY OF DENTON, TEXAS
` . ATTEST:
JENNIFER WALT�RS, CITY SECRETARY BY:
, - GEORGE C. C.AMPB��,�,, CTTY MANAGER
BY• Date.
APPROVED AS TO LEGAL �'4RM:
ANI"i'A BURGESS, CITY ATTORNEY -
,..
BY: .
- ___ _ ___ _ _ _ __- __ _ __ __ _ __ . _ - - _ _
�
: i
_ RFP 5115
;
� �:� �
, . : .. .;. , , . _ . : ` ; ` �
� - ;
Exhibit A
City of Denton
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Dra���ings and other
requirements included in the Cit�T of Denton's solicitation are applicable to Contracts/Purchase Orders
issued b�T the Cit�T of Denton hereinafter referred to as the Cit�T or Bu�Ter and the Seller herein after
referred to as the Supplier. An�T deviations must be in ���riting and signed b�T a representative of the Cit�T's
Procurement Department and the Supplier. No Terms and Conditions contained in the Supplier's Proposal
response, Invoice or Statement shall serve to modifiT the terms set forth herein. If there is a conflict
bet���een the provisions on the face of the Contract/Purchase Order these ���ritten provisions ���ill talce
precedence.
B�T submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be
governed b�T the follo���ing terms and conditions, unless eiceptions are dul�T noted and full�T negotiated.
Unless other���ise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall appl�T onl�T to a
Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall appl�T onl�T to a Solicitation to
purchase Services to be performed principall�T at the Cit�T's premises or on public rights-of-���a�T.
1. SUPPLIER'S OBLIGATIONS. The Supplier shall full�� and timel�� provide all deliverables described in the
Solicitation and in the Supplier's Offer in strict accordance ��-�ith the terms, covenants, and conditions of the Coniract
and all applicable Federal, State, and local la���s, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless other��-�ise speci�ied in the Solicitation, this Contract shall be effective as of
the date the coniract is signed b�� the Cit��, and shall continue in effect until all obligations are performed in
accordance ��-�ith the Coniract.
3. SUPPLIER TO PACKAGE DELIVERABLES: The Supplier ��-�ill pacicage deliverables in accordance ��-�ith
good commercial practice and shall include a pacicing list shrn�-�ing the description of each item, the quantit�� and unit
price unless other��-�ise provided in the Speci�ications or Supplemental Terms and Conditions, each shipping
container shall be clearl�� and permanentl�� marlced as follrn�-�s: (a) The Supplier's name and address, (b) the Cit��'s
name, address and purchase order or purchase release number and the price agreement number if applicable, (c)
Container number and total number of containers, e. g. bol 1 of 4 b�les, and (d) the number of the container bearing
the pacicing list. The Supplier shall bear cost of pacicaging. I)eliverables shall be suitabl�� paciced to secure lo��-�est
iransportation costs and to conform to all the requirements of common carriers and an�� applicable specification. The
Cit��'s count �r ��-�eight shall be �inal and conclusive on shipments not accompanied b�� pacicing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Supplier is not authorized to ship the
deliverables under reservation and no tender of a bill of lading ��-�ill operate as a tender of deliverables.
5. TITLE & RISK OF LOSS: Title to and rislc of loss of the deliverables shall pass to the Cit�� �nlv ��,�hen the Cit��
actuall�� receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: I)eliverables shall be shipped F.O.B. point of
deliver�� unless other��-�ise speci�ied in the Supplemental Terms and Conditions. Unless other��-�ise stated in the Offer,
the Supplier's price shall be deemed to include all deliven� and transportation charges. The Cit�� shall have the right
to designate ��-�hat method of transportation shall be used to ship the deliverables. The place of deli��er�� shall be that
set forth the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The C it�� elpressl�� reserves all rights under la��-�, including, but
not limited to the Uniform Commercial Code, to inspect the deliverables at deli��er�� before accepting them, and to
reject defective or non-conforming deliverables. If the Cit�� has the right to inspect the Supplier's, or the Supplier's
Subcontractor's, facilities, or the deli� erables at the Supplier's, or the Supplier's Subcontractor's, preinises, the
Supplier shall furnish, or cause to be furnished, ��-�ithout additional charge, all reasonable facilities and assistance to
the Cit�� to facilitate such inspection.
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8. NO REPLACEMENT OF DEFECTIVE TENDER: E��er�� tender or deliver�� of deliverables must full�� compl��
��-�ith all provisions of the Contract as to time of deliver��, qualit��, and quantit��. An�� non-compl��ing tender shall
constitute a breach and the Supplier shall not have the right to substitute a conforming tender; pr�vided, ��-�here the
time for performance has not ��et elpired, the Supplier ma�� notif�� the Cit�� of the intention to cure and ma�� then
malce a conforming tender ���ithin the time allotted in the coniract.
9. PLACE AND CONDITION OF WORK The Cit�� shall provide the Supplier access to the sites ��-�here the
Supplier is to perform the services as required in order for the Supplier to perform the services in a timel�� and
efficient manner, in accordance ��-�ith and subject to the applicable securit� la��-�s, rules, and regulations. The Supplier
acicnrn�-�ledges that it has satisfied itself as to the nature of the Cit��'s service requirements and speci�ications, the
location and essential characteristics of the ��-�orlc sites, the qualit�� and quantit�� of materials, equipment, labor and
facilities necessar�� to perform the services, and an�� other condition or state of fact ��-�hich could in an� ��°a�� affect
performance of the Supplier's obligations under the coniract. The Supplier hereb�� releases and holds the Cit��
harmless from and against an�� liabilit�� or claim for damages of an�� lcind or nature if the actual site or service
conditions differ from elpected conditions.
10. WORKFORCE
A. The Supplier shall emplo� onl�� �rderl�� and competent ��-�orkers, slcilled in the performance of the ser� ices ��-�hich
the�� ��-�ill perform under the Coniract.
B. The Supplier, its empl���ees, subcontractors, and subconiractor's emplo��ees ma�� not ��-�hile engaged in
participating or responding to a solicitation �r ��-�hile in the course and scope of delivering goods or services under a
Cit�� of I)enton contract or on the Cit��'s propert�� .
i. use or possess a firearm, including a concealed handgun that is licensed under state la��°, elcept as
required b�� the terms of the coniract; or
ii. use or possess alcoholic or other intolicating beverages, illegal drugs or conirolled substances, nor ma��
such ��-�orlcers be intolicated, or under the influence of alcohol or drugs, on the job.
C. If the Cit�� or the Cit��'s representative noti�ies the Supplier that an� ��-�orlcer is incompetent, disorderl�� or
disobedient, has lcno�� ingl�� or repeatedl�� violated safet�� regulations, has possessed an�� �irearms, or has possessed or
��-�as under the influence of alcohol or drugs on the job, the Supplier shall immediatel�� remove such ��-�orlcer from
Contract sen�ices, and ma�� not emplo�� such ��-�orker again on Coniract services ��-�ithout the C'it��'s pri�r ��--ritten
consent.
Immigration: The Supplier represents and ��-�arrants that it shall c�mpl�� ��-�ith the requirements of the Immigration
Reform and Control Act of 1986 and 1990 regarding empl���ment ��eri�ication and retention of veri�ication forms for
an�� individuals hired on or after November 6, 1986, ��-�ho ��-�ill perform an�� labor or services under the Contract and
the Illegal Immigration Reform and Immigrant Responsibilit�� Act of 1996 ("IIRIRA) enacted on September 30,
1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Supplier,
it's Subcontractors, and their respecti� e emplo� ees, shall cc�mpl� full� �j ith all applicable federal, state, and local
health, safet��, and environmental la��-�s, �rdinances, rules and regulations in the performance of the services,
including but not limited to those promulgated b�� the Cit�� and b�� the Occupational Safet�� and Health
Adminisiration (OSHA). In case of conflict, the most siringent safet�� requirement shall govern. The Supplier shall
indemnif�� and hold the Cit�� harmless from and against all claims, demands, suits, actions, judgments, fines,
penalties and liabilit�� of even� lcind arising from the breach of the Supplier's obligations under this paragraph.
En��ironmental Protection: The supplier shall be in compliance ��-�ith all applicable standards, orders, or regulations
issued pursuant to the mandates of the Clean Air Act (42 U.S.C. �7401 et.seq.) and the Federal Water Pollution
Control Act, as amended, (33 U.S.C. � 1251 et.seq.).
12. INVOICES:
A. The Supplier shall submit separate invoices in duplicate on each purchase order or purchase
release after each deli��er��. If partial shipments or deliveries are authorized b�� the C it��, a separate
invoice must be sent for each shipment or deli��er�� made.
B. Proper In��oices must include a unique in��oice number, the purchase order or deli��er�� order
number and the master agreement number if applicable, the Department's Name, and the
name of the point of contact for the Department. Invoices shall be itemized and transportation
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charges, if anv, shall be listed separatel��. A cop�� of the bill of lading and the freight ���a��bill, ��-�hen
applicable, shall be attached to the invoice. The Supplier's name, remittance address and, if applicable, the tal
identi�ication number on the invoice must elactl�� match the information in the Vendor's registration ��-�ith the Cit��.
Unless other��-�ise insiructed in ��--riting, the C it�� ma�� rel�� on the remittance address specified on the Supplier's
in� oice.
C. Invoices for labor shall include a cop�� of all time-sheets ��-�ith trade labor rate and deliverables order number
clearl�� identified. Invoices shall also include a tabulation of ��-�orlc-hours at the appropriate rates and grouped b��
��-�orlc order number. Time billed for labor shall be limited to hours actuall� ��-�orlced at the ��-�orlc site.
I). Unless other��-�ise elpressl�� authorized in the Contract, the Supplier shall pass through all
Subcontract and other authorized elpenses at actual cost ��-�ithout marlcup.
E. Federal elcise tales, State tales, �r Cit�� sales tales must not be included in the invoiced amount.
The C it� ��-�ill furnish a tal elemption certificate upon request.
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Pa��able. Approved invoices ��-�ill be paid ��-�ithin thirt�' (30)
calendar da��s of the C it��'s receipt of the deliverables or of the invoice being received in Accounts Pa��able,
�j hiche� er is later.
B. If pavment is not timelv made, (per paragraph A); interest shall accrue on the unpaid balance at
the lesser of the rate specified in Teaas Go��ernment Code Section 2251.025 or the maaimum
la���ful rate; escept, if pa��ment is not timel�� made for a reason for ���hich the Cit�� ma�� ���ithhold
pavment hereunder, interest shall not accrue until ten (10) calendar davs after the grounds for
���ithholding pa��ment ha��e been resol��ed.
C. If partial shipments or deliveries are authorized b�� the Cit��, the Supplier ��-�ill be paid for the partial
shipment or deli��er��, as stated above, provided that the in�-oice matches the shipment or deli��er��.
I). The C'it�� ma� ��-�ithhold or set off the entire pa��ment or part of an� pa��ment other��-�ise due the
Supplier to such eltent as ma�� be necessar�� on account of:
i. deli�°er�� of defective or non-conforming deliverables b�� the Supplier;
ii. third partv claims, ��-�hich are not covered b�� the insurance ��-�hich the Supplier is required to
pro��ide, are �iled or reasonable evidence indicating probable �iling of such claims;
iii. failure of the Supplier to pa�� Subconiractors, or for labor, materials or equipment;
i� . dainage to the propert� of the Cit� or the C it� 's agents, emplo� ees or supplierti, �j hich is not
covered b�� insurance required to be provided b�� the Supplier;
v. reasonable evidence that the Supplier's obligati�ns ��-�ill not be completed ��-�ithin the time
specified in the Coniract, and that the unpaid balance ��-�ou1d not be adequate to cover actual or
liquidated damages for the anticipated dela��;
vi. failure of the Supplier to submit proper invoices ��-�ith purchase order number, ��-�ith all required
attachments and supporting
documentation: or
vii. failure of the Supplier to compl� ��-�ith an�� material pr�vision of the Coniract I)ocuments.
E. Notice is hereb�� given that an�� a���arded firm ��-�ho is in arrears to the Cit�� of I)enton for delinquent tales, the Cit��
ma�� offset indebtedness o��-�ed the Cit�� through pa��ment ��-�ithholding.
F. Pa��ment ��-�ill be made b�� checic unless the parties mutuall�� agree to pa��ment b�� credit card or electronic iransfer
of funds. The Supplier agrees that there shall be no additional charges, surcharges, or penalties to the Cit�� for
pa��ments made b�� credit card or elecironic funds iransfer.
U. The a��-�arding or continuation of this contract is dependent upon the a��ailabilit�� of funding. The Cit� 'S pa��ment
obligations are pa��able onl�� and s�lel�� from funds Appropriated and available for this contract. The absence of
Appropriated or other la��-�fullv available funds shall render the Contract null and void to the eltent funds are not
Appropriated or available and an�� deliverables delivered but unpaid shall be returned to the Supplier. The Cit�� shall
provide the Supplier ��-�ritten notice of the failure of the Cit�� to malce an adequate Appropriation f�r an�� fiscal ��ear to
pa�� the amounts due under the Coniract, or the reduction of an�� Appropriation to an amount insufficient to permit
the Cit�� to pa�� its obligations under the Coniract. In the event of none or inadequate appropriation of funds, there
��-�ill be no penalt�� nor removal fees charged to the Cit��.
14. TRAVEL EXPENSES: All tra��el, lodging and per diem elpenses in connecti�n ��-�ith the Coniract shall be paid
b�� the Supplier, unless other��-�ise stated in the coniract terms.
1�. FINAL PAYMENT AND CLOSE-OUT:
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A If a I)BE/MBE/WBE Program Plan is agreed to and the Supplier has identified Subconiractors, the Supplier is
required to submit a Coniract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the
15th calendar da�� after completion �f all ��-�orlc under the contract. Final pavment, retainage, or both ma�� be ��-�ithheld
if the Supplier is not in compliance ��-�ith the requirements as accepted b�� the Cit��.
B. The malcing and acceptance of final pa��ment ��-�ill constitute:
i. a�j ai� er of all claiins b� the Cit� against the Supplier, elcept claiins (1) �j hich ha� e been pre� iousl�
asserted in ��-�riting and not ��et settled, (2) arising from defective ��-�orlc appearing after final inspection, (3) arising
from failure of the Supplier to compl� ��-�ith the Contract or the terms of anv ��-�arrant�� specified herein, (4) arising
from the Supplier's continuing obligations under the Contract, including but not limited to indemnit�� and ��-�arrant��
obligations, �r (5) arising under the C it��'s right to audit; and ii. a���aiver of all claims b�� the Supplier against the
Cit�� other than those previoutil�� asserted in ��-�riting and not ��et settled.
16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of an�� special
tooling or special test equipment fabricated or required b�� the Supplier for the purpose of filling this order, such
special tooling equipment and an�� process sheets related thereto shall become the propert�� of the Cit�� and shall be
identi�ied b�� the Supplier as such.
17. RIGHT TO AUDIT:
A. The Cit�� shall have the right to audit and malce copies of the boolcs, records and computations pertaining to the
Coniract. The Supplier shall retain such boolcs, records, documents and other evidence pertaining to the Contract
period and �i��e ��ears thereafter, elcept if an audit is in progress or audit findings are ��et unresol��ed, in ��-�hich case
records shall be lcept until all audit taslcs are completed and resolved. These boolcs, rec�rds, documents and other
evidence shall be available, ��-�ithin ten (10) business da��s �f ��--ritten request. Further, the Supplier shall also require
all Subconiractors, material suppliers, and other pa��ees to retain all boolcs, records, documents and other evidence
pertaining to the Contract, and to allo��-� the C it�� similar access to those documents. All boolcs and rec�rds ��-�ill be
made available ��-�ithin a 50 mile radius of the Cit�� of I)enton. The cost of the audit ��-�ill be borne b�� the Cit�� unless
the audit reveals an �verpa��ment of 1% or greater. If an ��°erpa��ment of 1% or greater occurs, the reasonable cost
of the audit, including an�� travel costs, must be borne b�� the Supplier ��-�hich must be pa��able ��-�ithin �ive (5)
business da� s of receipt of an in� oice.
B. Failure to compl� ��-�ith the pr�visions of this section shall be a material breach of the Coniract and shall
constitute, in the Cit��'s sole discretion, grounds for termination thereof. Each of the terms ``boolcs", "records",
"documents" and "other evidence", as used above, shall be consirued to include drafts and elecironic �iles, even if
such drafts or elecironic �iles are subsequentl�� used to generate or prepare a final printed document.
18. SUBCONTRACTORS:
A If the Supplier identi�ied Subconiractors in a I)BE/MBE/WBE agreed to Plan, the Supplier shall compl� ��-�ith all
requirements appro�-ed b�� the Cit��. The Supplier shall not initiall�� emplov an�� Subconiractor elcept as provided in
the Supplier's Plan. The Supplier shall not substitute an�� Subconiractor identi�ied in the Plan, unless the substitute
has been accepted b�� the Cit� in ��-�riting. No acceptance b�� the Cit�� of an�� Subcontractor shall constitute a���aiver of
an�� rights or remedies of the Cit�� ��-�ith respect to defective deliverables provided b�� a Subcontractor. If a Plan has
been approved, the Supplier is additionall�� required to submit a monthl�� Subconiract A��-�ards and Elpenditures
Report to the Procurement Manager, no later than the tenth calendar da�� of each month.
B. Worlc performed for the Supplier b�� a Subconiractor shall be pursuant t� a��--ritten contract bet��-�een the Supplier
and Subcontractor. The terms of the subcontract ma�� not conflict ��-�ith the terms of the
Contract, and shall contain provisions that
i. require that all deliverables to be provided b�� the Subcontractor be pro��ided in strict accordance ��-�ith the
pro� isiotis, specificatiotis and terins of the Contract;
ii. prohibit the Subconiractor from further subcontracting an�� portion of the Contract ��-�ithout the prior
��-�ritten consent of the Cit�� and the Supplier. The C it�� ma�� require, as a condition to such further subcontracting,
that the Subconiractor post a pa��ment bond in form, substance and amount acceptable to the Cit��;
iii. require Subcontractors to submit all invoices and applications for pa��ments, including anv claims for
additional pa��ments, damages or other��-�ise, to the Supplier in suf�icient time to enable the Supplier to include same
��-�ith its invoice or application for pa��ment to the Cit�� in accordance ��-�ith the terms of the Coniract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their coniract, insurance in
the t��pe and amounts specified for the Supplier, ��-�ith the Cit�� being a named insured as its interest shall appear; and
v. require that the Subconiractor indemnif�� and hold the C it�� harmless to the same eltent as the Supplier is
required to indemnif�� the Cit��.
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C. The Supplier shall be full�� responsible to the C it�� for all acts and omissions of the Subcontractors just as the
Supplier is responsible for the Supplier's o��-�n acts and omissions. Nothing in the Coniract shall create for the benefit
of an�� such Subcontractor an�� coniractual relationship bet��-�een the Cit�� and an�� such Subcontractor, nor shall it
create an�� obligation on the part of the C'it�� to pa�� or to see to the pa��ment of an�� mone��s due an�� such
Subcontractor elcept as ma�� other��-�ise be required b� la��-�.
I). The Supplier shall pa�� each Subcontractor its appropriate share of pa��ments made to the Supplier not later than
ten (10) calendar da��s after receipt �f pa��ment from the Cit��.
19. WARRANTY-PRICE:
A. The Supplier ��-�arrants the prices quoted in the Offer are no higher than the Supplier's current prices on orders b��
others for like deliverables under similar terms of purchase.
B. The Supplier certi�ies that the prices in the Offer have been arrived at independentiv ��-�ithout consultation,
communication, or agreement for the purpose of restricting competition, as to an�� matter relating to such fees ��-�ith
an�� other firm or ��-�ith an�� competitor.
C. In addition to an�� other remed�� available, the C it�� ma�� deduct from an�� amounts rn�-�ed to the Supplier, or
other��-�ise rec�ver, an�� amounts paid for items in elcess of the Supplier's current prices on orders b�� others for lilce
deliverables under similar terms of purchase.
20. WARRANTY — TITLE: The Supplier ��-�arrants that it has good and indefeasible title to all deliverables
furnished under the Coniract, and that the deliverables are free and clear of all liens, claims, securit�� interests and
encumbrances. The Supplier shall indemnif�� and hold the C it�� harmless from and against all adverse title claims to
the deliverables.
21. WARRANTY — DELIVERABLES: The Supplier ��,�arrants and represents that all deliverables sold the Cit��
under the Contract shall be free from defects in design, ���orlcmanship or manufacture, and conform in all material
respects to the specificatiotis, c�ra�j itigs, and descriptiotis in the Solicitatioti, to ati� samples furnished b� the
Supplier, to the terms, covenants and conditions of the Coniract, and to all applicable State, Federal or local la��-�s,
rules, and regulation5, and indusir�� codes and standards. Unless other��-�ise stated in the Solicitation, the deliverables
shall be ne��-� or rec��cled merchandise, and not used or reconditioned.
A. Rec��cled deliverables shall be clearl�� identified as such.
B. The Supplier ma�� not limit, elclude or disclaim the foregoing ��-�arrant� �r an�� ��-�arrant�� implied b�� la��-�; and an��
attempt to do so shall be ��-�ithout force or effect.
C. Unless other��-�ise speci�ied in the Contract, the ��-�arrant�� period shall be at least one ��ear from the date of
acceptance of the deliverables or from the date of acceptance of an�� replacement deliverables. If during the ��-�arrant��
period, one or more of the ab���e ��-�arranties are breached, the Supplier shall promptl�� upon receipt of demand either
repair the non-conforming deliverables, or replace the non-conforming deliverables ��-�ith full�� conforming
deliverables, at the C it��'s option and at no additional cost to the Cit��. All costs incidental to such repair or
replacement, including but not limited to, an�� pacicaging and shipping costs shall be borne elclusi� elv b�� the
Supplier. The C'it�� shall endeavor to give the Supplier ��--ritten notice of the breach of ��-�arrant� ��-�ithin thirt�' (30)
calendar da��s of disc���er�� of the breach of ��-�arrant��, but failure to give timel�� notice shall not impair the Cit��'s
rights under this section.
I). If the Supplier is unable �r un��-�illing to repair or replace defective or non-conforming deliverables as required b��
the Cit��, then in addition to an�� other available remed��, the Cit�� ma�� reduce the quantit�� of deliverables it ma�� be
required to purchase under the Coniract from the Supplier, and purchase conforming deliverables from other
sources. In such event, the Supplier shall pa�� to the Cit�� upon demand the increased cost, if anv, incurred b�� the
Cit�� to procure such deliverables from another source.
E. If the Supplier is not the manufacturer, and the deliverables are covered b�� a separate manufacturer'S ��-�arrant��,
the Supplier shall transfer and assign such manufacturer's ��-�arrant�� to the C'it��. If for an�� reason the manufacturer's
��-�arrant�� cannot be full�� transferred to the C it��, the Supplier shall assist and cooperate ��-�ith the Cit�� to the fullest
eltent to enforce such manufacturer'S ��-�arrant�� for the benefit of the Cit��.
22. WARRANTY — SERVICES: The Supplier ��,�arrants and represents that all services to be provided the Cit��
under the Coniract ��-�ill be full�� and timel�� performed in a good and ��-�orlcmanlilce manner in accordance ��-�ith
generall�� accepted indusir�� standards and practices, the terms, conditions, and covenants of the Coniract, and all
applicable Federal, State and local la���s, rules or regulations.
A. The Supplier mav not limit, elclude or disclaim the foregoing ��-�arrant�° or an� ��-�arrant�� implied b�� la���, and an��
attempt to do so shall be ��-�ithout force or effect.
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B. Unless other��-�ise speci�ied in the Contract, the ��-�arrant�� period shall be at least one ��ear from the Acceptance
I)ate. If during the ���arrant�� period, one or more of the ab��°e ��-�arranties are breached, the Supplier shall promptl��
upon receipt of demand perform the services again in accordance ��-�ith above standard at no additional cost to the
Cit��. All costs incidental to such additional performance shall be borne b�� the Supplier. The Cit�� shall endeavor to
give the Supplier ��--ritten notice of the breach of ��-�arrant�� ��-�ithin thirt�' (30) calendar da��s of disc��°er�� of the breach
��-�arrant��, but failure to give timel�� notice shall not impair the Cit��'s rights under this section.
C. If the Supplier is unable �r un��-�illing to perform its services in accordance ��-�ith the above standard as required b��
the Cit��, then in addition to an�� other available remed��, the Cit�� ma�� reduce the amount of services it ma�� be
required to purchase under the Contract from the Supplier, and purchase conforming services from other sources. In
such event, the Supplier shall pa�� to the Cit�� upon demand the increased cost, if anv, incurred b�� the Cit�� to procure
such services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring
immediate correction or removal and replacement of defective or non-conforming deliverables, the Cit�� prefers to
accept it, the C it� ina� do so. The Supplier shall pa� all claiins, costs, losses and dainages attributable to the Cit� 's
evaluation of and determination to accept such defective or non-conforming deliverables. If an�� such acceptance
occurs prior to �inal pa��ment, the C it�� mav deduct such amounts as are necessar�� to compensate the C it�� for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after �inal pavment, such
amount ��-�ill be refunded to the Cit�� b�� the Supplier.
24. RIGHT TO ASSURANCE: Whenever one part�� to the Coniract in good faith has reason to question the other
part��'s intent to perform, demand ma�� be made to the other part� f�r ��-�ritten assurance of the intent to perform. In
the event that no assurance is given ��-�ithin the time specified after demand is made, the demanding part� ma�� ireat
this failure as an anticipator�� repudiation of the Contract.
25. STOP WORK NOTICE: The C it�� may issue an immediate Stop Worlc Notice in the event the Supplier is
observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is
determined b�� the Cit�� to be unsafe to either life or propert��. Upon notification, the Supplier ��-�ill cease all ��-�orlc
until notified b�� the C it�� that the violation or unsafe condition has been corrected. The Supplier shall be liable for all
costs incurred b�� the C it�� as a result of the issuance of such Stop Worlc Notice.
26. DEFAULT: The Supplier shall be in default under the Coniract if the Supplier (a) fails t� full��, timel�� and
faithfull�� perform an�� of its material obligations under the Coniract, (b) fails to pro��ide adequate assurance of
performance under Paragraph 24, (c) becomes insolvent or seelcs relief under the banlcruptc�� la��-�s of the United
States or (d) malces a material misrepresentation in Supplier's Offer, or in an�� report or deliverable required to be
submitted b�� the Supplier to the Cit��.
27. TERMINATION FOR CAUSE: In the event of a default b�� the Supplier, the Cit�� shall have the right to
terminate the Coniract for cause, b� ��-�ritten notice effective ten (10) calendar da�°s, unless other��-�ise specified, after
the date of such notice, unless the Supplier, ��-�ithin such ten (10) da�� period, cures such default, or provides evidence
suf�icient to prove to the Cit��'s reasonable satisfaction that such default does not, in fact, elist. In addition to an��
other remed� available under la��-� or in equit��, the C it�� shall be entitled to recover all actual damages, costs, losses
and elpenses, incurred b�� the Cit�� as a result of the Supplier's default, including, ��-�ithout limitation, cost of cover,
reasonable attorne��s' fees, court costs, and prejudgment and post-judgment interest at the malimum la��-�ful rate.
Additi�nall��, in the event of a default b�� the Supplier, the C it�� ma�� remove the Supplier from the C it��'S vendor list
for three (3) ��ears and an�� Offer submitted b�� the Supplier ma�� be disquali�ied for up to three (3) ��ears. All rights
and remedies under the Contract are cumulative and are not elclusive of an�� other right or remed� provided b�� la��-�.
28. TERMINATION WITHOUT CAUSE: The C it�� shall have the right to terminate the Contract, in ��-�hole or in
part, ��-�ithout cause an�� time upon thirt�' (30) calendar da��s' pri�r ��-�ritten notice. Upon receipt of a notice of
termination, the Supplier shall promptl�� cease all further ��-�orlc pursuant to the Coniract, ��-�ith such elceptions, if an��,
specified in the notice of termination. The Cit�� shall pa�� the Supplier, to the eltent of funds Appropriated or
other��-�ise legall�� available for such purposes, for all goods delivered and services performed and obligations
incurred prior to the date of termination in accordance ��-�ith the terms hereof.
29. FRAUD: Fraudulent statements b�� the Supplier on an�� Offer or in an�� report or deliverable required to be
submitted b�� the Supplier to the Cit�� shall be grounds for the termination of the Contract for cause b�� the C it�� and
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ma�� result in legal action.
30. DELAYS:
A. The C'it�� ma�� dela�� scheduled deli��er�� or other due dates b�� ��--ritten notice to the Supplier if the Cit�� deems it is
in its best interest. If such dela�� causes an increase in the cost of the ��-�orlc under the Coniract, the C it�� and the
Supplier shall negotiate an equitable a�justment for costs incurred b�� the Supplier in the Coniract price and elecute
an amendment to the Contract. The Supplier must assert its right to an a�justment ��-�ithin thirt�� (30) calendar da��s
from the date of receipt of the notice of dela��. Failure to agree �n an�� a�justed price shall be handled under the
I)ispute Resolution process specified in paragraph 49. Ho���ever, nothing in this provision shall elcuse the Supplier
from dela��ing the deliver�� as notified.
B. Neither part�� shall be liable for an�� default or dela�� in the performance of its obligations under this Contract if,
��-�hile and to the eltent such default or dela�� is caused b�� acts of Uod, fire, riots, civil commotion, labor disruptions,
sabotage, sovereign conduct, �r an�� other cause be��ond the reasonable conirol of such Part�'. In the event of default
or dela�� in coniract performance due to an�� of the foregoing causes, then the time for completion of the services ��-�ill
be eltended; provided, ho���ever, in such an event, a conference ��-�ill be held ��-�ithin three (3) business da��s to
establish a mutuall�� agreeable period of time reasonabl�� necessar�� to overcome the effect of such failure to perform.
31. INDEMNITY: A. I)e�initions:
i. °Indemnified Claims" shall include an�� and all claims, demands, suits, causes of action, judgments and
liabilit� of e� er� character, t� pe or description, including all reasonable costs and elpenses of litigation,
mediation or other alternate dispute resolution mechanism, including attorne�� and other professional fees
for: (1) damage to or loss of the propert�� of an�� person (including, but not limited to the C it��, the Supplier,
their respecti� e agents, officers, emplo� ees and subcontractors: the officers, agents, and emplo� ees of such
subcontractors; and third parties); andlor (2) death, bodilv injun�, illness, disease, ��-�orlcer's compensation,
loss of services, or loss of income �r ��-�ages to an�� person (including but not limited to the agents, officers
and emplo��ees of the Cit��, the Supplier, the Supplier's subcontractors, and third parties), ii. "Fau1t" shall
include the sale of defecti�°e or non-conforming deliverables, negligence, ��-�illful misconduct or a breach of
ati� legall� imposed strict liabilit� standard.
B. THE SUPPLIER SHALL DEFEND (AT THE OPTION OF THE CITY�� INDEA�TNIFY� AND HOLD THE CITY� ITS
Si?CCESSORS� ASSIC.NS� OFFICERS� EnIPLOi'EES AND ELECTED OFFICI �LS HARnILESS FROnI AND AC:AINST ALL
INDEA�TNIFIED CLAIA�TS DIRECTLY ARISING OL?T OF� INCIDENT TO� CONCERNING OR RESL?LTING FROA�T THE FAL?LT
OF THE SUPPLIER� OR THE SUPPLIER'S AGENTS� EA�TPLOYEES OR SL?BCONTRACTORS� IN THE
PERFORA�TANCE OF THE SUPPLIER'S OBLIGATIONS L?NDER THE CONTRACT. NOTHING HEREIN SHALL BE
DEEATED TO LIATIT THE RI(UHTS OF THE CITY OR THE SUPPLIER (INCLi?DIN(U� Bi?T NOT LIATITED TO� THE
RIGHT TO SEEK CONTRIBL?TION� AGAINST ANY THIRD PARTY �'�'HO A�TAY BE LIABLE FOR AN INDEA�TNIFIED CLAIA�T.
32. INSURANCE: The follrn�-�ing insurance requirements are applicable, in addition to the specific insurance
requirements detailed in the solicitation document. The successful �irm shall procure and maintain insurance of the
t��pes and in the minimum amounts acceptable to the Cit�� of I)enton. The insurance shall be ��--ritten b�� a compan��
licensed to do business in the State of Telas and satisfacton' to the Cit�� of Denton.
A Ueneral Requirements.
i. The Supplier shall at a minimuln carr�� insurance in the t��pes and amounts indicated and agreed to, as
submitted to the Cit�� and approved b�� the Cit�� ��-�ithin the procurement process, for the duration of the
Contract, including eltension options and h�ld over periods, and during an� ��-�arrant�� period.
ii. The Supplier shall provide Certi�icates of Insurance ��-�ith the coverage's and endorsements required to
the C it�� as verification of coverage prior to contract elecution and ��-�ithin fourteen (14) calendar da��s after
��-�ritten request from the Cit��. Failure to provide the required Certificate of Insurance ma�� subject the Offer
to disquali�ication from consideration for a��-�ard. The Supplier must also f�r��-�ard a Certificate of Insurance
to the Cit�� ���henever a pre� i�usl�� identified polic�� period has elpired, or an eltension option or hold over
peric�d is elercised, as � erification of continuing co� erage.
iii. The Supplier shall not commence ��-�orlc until the required insurance is obtained and until such insurance
has been re� ie��-�ed b�� the Cit��. Approval of insurance b�� the Cit�� shall not relieve or decrease the liabilit��
of the Supplier hereunder and shall not be construed to be a limitation of liabilit�� on the part of the
Supplier.
iv. The Supplier must submit certi�icates of insurance to the Cit�� for all subcontractors prior to the
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subcontractors commencing ��-�orlc on the project.
v. The Supplier's and all subconiractors' insurance coverage shall be ��-�ritten b�� companies licensed to do
business in the State of Telas at the time the policies are issued and shall be ��--ritten b�� companies ��-�ith
AM. Best ratings of A- VII or better. The C it�� ���ill accept ��-�orlcers' compensation coverage ��--ritten b�� the
Telas Worlcers' Compensation Insurance Fund.
vi. All endorsements naming the Cit�� as additional insured, ��-�ai��ers, and notices of cancellation
endorsements as ��-�ell as the Certificate of Insurance shall contain the solicitation number and the follo��-�ing
information:
Cit�� of Denton
Materials Management I)epartment
901B Telas Sireet
I)enton, Telas 76209
vii. The "other" insurance clause shall not appl�� to the Cit�� ��-�here the Cit�� is an additional insured sho��-�n
on an�� polic��. It is intended that policies required in the Coniract, covering both the Cit�� and the Supplier,
shall be considered primar�� coverage as applicable.
viii. If insurance policies are not ��--ritten for amounts agreed t� ��-�ith the Cit��, the Supplier shall cam'
TJinbrella or Elcess Liabilit� Insurance for ati� differences in ainounts specified_ If Elcess Liabilit�
Insurance is provided, it shall follo��-� the form of the priman� coverage.
il. The Cit�� shall be entitled, upon request, at an agreed upon location, and ��-�ithout elpense, to re��ie��-�
certi�ied copies of policies and endorsements thereto and ma�� make an�� reasonable requests for deletion or
re�ision or inodification of particular polic� terins, conditiotis, liinitatiotis, or elclusiotis elcept �jhere
polic�� provisions are established b� la��-� or regulations binding upon either of the parties hereto or the
under��--riter on an�� such policies.
1. The Cit�� reserves the right to re� ie��-� the insurance requirements set forth during the effective period of
the Contract and to make reasonable a�justments to insurance coverage, limits, and elclusions ��-�hen
deemed necetisar�� and prudent b�� the Cit�� based upon changes in statut�n la��-�, court decisions, the claims
hist�r�� of the industr�� or financial condition of the insurance compan�� as ��-�ell as the Supplier.
li. The Supplier shall not cause an�� insurance to be canceled nor permit an�� insurance to lapse during the
term of the Contract or as required in the Coniract.
lii. The Supplier shall be responsible for premiums, deductibles and self-insured retentions, if an��, stated in
policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance.
liii. The Supplier shall endeavor to provide the Cit�� thirtv (30) calendar da��s' ��-�ritten notice of erosion of
the aggregate limits belo��-� occurrence limits for all applicable coverage's indicated ��-�ithin the Coniract.
liv. The insurance coverage's specified in ��-�ithin the solicitation and requirements are required minimums
and are not intended to limit the responsibilit�� or liabilit�� of the Supplier.
B. Speci�ic Coverage Requirements: Speci�ic insurance requirements are contained in the solicitation instrument.
33. CLAIMS: If anv claim, demand, suit, or other action is asserted against the Supplier ��-�hich arises under or
concerns the Coniract, �r ��-�hich could have a material adverse affect on the Supplier's abilit�� to perform thereunder,
the Supplier shall gi�°e ��-�ritten notice thereof to the C it�� ��-�ithin ten (10) calendar da��s after receipt of notice b�� the
Supplier. Such notice to the C it�� shall state the date of notification �f an�� such claim, demand, suit, or other action;
the names and addresses of the claimant(s); the basis thereof; and the name of each person against ��-�hom such claim
is being asserted. Such notice shall be delivered pers�nall�� �r b�� mail and shall be sent to the Cit�� and to the Denton
Cit�� Attorne��. Personal deliver�� to the Cit�� Attorne�� shall be to Cit�� Hall, 215 East McKinne�� Sireet, I)enton,
Telas 76201
34. NOTICES: Unless other��,�ise speci�ied, all notices, requests, or other communications required or appropriate to
be given under the Contract shall be in ��-�riting and shall be deemed delivered three (3) business da��s after
postmarked if sent b�� U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered
b�� other means shall be deemed delivered upon receipt b�� the addressee. Routine communications ma�� be made b��
�irst class mail, telefal, or other commerciall�� accepted means. Notices to the Supplier shall be sent to the address
specified in the Supplier's Offer, or at such other address as a part� ma�� notif�� the other in ��-�riting. Notices to the
Cit�� shall be addressed to the Cit�� at 901B Telas Street, I)enton, Telas 76209 and marlced to the attention of the
Purchasing Manager.
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35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted b�� the
Supplier to the Cit�� shall become propert�� of the C'it�� upon receipt. An�� portions of such material claimed b�� the
Supplier to be proprietar�� must be clearl�� marlced as such. I)etermination of the public nature of the material is
subject to the Telas Public Information Act, Chapter 552, and Telas Uovernment Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Supplier represents and ��-�arrants to the
Cit�� that (i) the Supplier shall provide the Cit�� good and indefeasible title to the deliverables and (ii) the
deliverables supplied b�� the Supplier in accordance ��-�ith the speci�ications in the Coniract ��-�ill not infringe, directl��
or coniributoril��, an�� patent, trademarlc, cop��right, irade secret, or an�� other intellectual propert�� right of an�� lcind
of an�� third part��: that no claims have been made bv an�� person or entit�� ��-�ith respect to the o��--nership or operation
of the deliverables and the Supplier does not lcno�� �f an�� valid basis for an�� such claims. The Supplier shall, at its
sole elpense, defend, indemnif��, and hold the Cit�� harmless from and against all liabilit��, damages, and costs
(including court costs and reasonable fees of attorne��s and other professionals) arising out of or resulting from: (i)
an�� claim that the Cit��'s elercise an� ��-�here in the ���orld of the rights associated ��-�ith the C it��'s' rn�--nership, and if
applicable, license rights, and its use of the deliverables infringes the intellectual propert�� rights of an�� third part��:
or (ii) the Supplier's breach of an�� of Supplier's representations or ��-�arranties stated in this Coniract. In the event of
an�� such claim, the C it�� shall have the right to monitor such claim or at its option engage its o��-�n separate counsel to
act as co-counsel on the C it��'s behalf. Further, Supplier agrees that the Cit��'s speci�ications regarding the
deliverables shall in n� ��-�a� diminish Supplier's ��-�arranties or obligations under this paragraph and the C it�� malces
no ��-�arrant�� that the production, development, or deliver�� of such deliverables ��-�ill not impact such ���arranties of
Supplier.
37. CONFIDENTIALITY: In order to provide the deliverables to the Cit��, Supplier ma�� require access to certain
of the C it��'s andlor its licensors' con�idential information (including inventions, emplo��ee information, trade
secrets, con�idential lcno��-�-ho��-�, confidential business information, and other informati�n ��-�hich the Cit�� or its
licensors consider confidential) (collectivel� ,"Confidential Information"). Supplier acicnrn�-�ledges and agrees that
the Con�idential Information is the valuable propert�� of the Cit�� andlor its licensors and an�� unauthorized use,
disclosure, dissemination, or other release of the Con�idential Information ��-�ill substantiallv injure the Cit�� andlor its
licensors. The Supplier (including its emplo��ees, subcontractors, agents, or representatives) agrees that it ��-�ill
maintain the Con�idential Information in strict confidence and shall not disclose, disseminate, cop� , divulge,
recreate, or other��-�ise use the Con�idential Informati�n ��-�ithout the prior ��--ritten consent of the C it�� or in a manner
not elpressl�� permitted under this Agreement, unless the Confidential Information is required to be discl�sed b�� la��-�
or an order �f an�� court or other governmental authorit�� ��-�ith proper jurisdiction, provided the Supplier promptl��
notifies the C'it�� before disclosing such information so as to permit the Cit�� reasonable time to seelc an appropriate
protective order. The Supplier agrees to use protective measures no less stringent than the Supplier uses ��-�ithin its
o��-�n business to protect its o��-�n most valuable information, ��-�hich protective measures shall under all circumstances
be at least reasonable measures to ensure the continued confidentialit�� of the Con�idential Information.
38. OWNERSHIP AND USE OF DELIVERABLES: The Cit�� shall o���n all rights, titles, and interests throughout
the ��-�orld in and to the deliverables.
A. Patents. As to an�� patentable subject matter contained in the deliverables, the Supplier agrees to disclose such
patentable subject matter to the Cit��. Further, if requested b�� the Cit��, the Supplier agrees to assign and, if
necestiar��, cause each of its emplo��ees to assign the entire right, title, and interest to specific inventions under such
patentable subject matter to the Cit�� and to elecute, acicnrn�-�ledge, and deliver and, if necessan�, cause each of its
emplo��ees to elecute, acicnrn�-�ledge, and deliver an assignment of letters patent, in a form to be reasonabl�� approved
b�� the C it��, to the Cit�� upon request b�� the Cit��.
B. C�pvrights. As t� an�� deliverables containing c�p��rightable subject matter, the Supplier agrees that upon their
creation, such deliverables shall be considered as ���orlc made-for-hire b�� the Supplier for the Cit�� and the Cit�� shall
o��-�n all cop��rights in and to such deliverables, pro��ided hrn�°ever, that nothing in this Paragraph 38 shall negate the
C it� 's sole or joint o�j nership of ati� such deli� erables arising b� � irtue of the Cit� 's sole or joint authorship of such
deliverables. Should b�� operation �f la��-�, such deliverables not be considered ���orlcs made-for-hire, the Supplier
hereb�� assigns to the Cit�� (and agrees to cause each of its emplo��ees pr�viding services to the C'it�� hereunder to
elecute, acicnrn�-�ledge, and deliver an assignment to the Cit�� of) all ��-�orld��-�ide right, title, and interest in and to such
deliverables. With respect to such ���ork made-for-hire, the Supplier agrees to elecute, acicnrn�-�ledge, and deliver and
cause each of its emplo��ees providing services to the Cit�� hereunder to elecute, acicno���ledge, and deli�°er a��-�orlc-
made-for-hire agreement, in a form to be reasonabl�� approved b�� the C it��, to the Cit�� upon deliver�� of such
deliverables to the Cit�� or at such other time as the C it�� ma�� request.
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C. Additional Assignments. The Supplier further agrees to, and if applicable, cause each of its emplo��ees to,
elecute, acicnrn�-�ledge, and deliver all applications, specifications, oaths, assignments, and all other instruments
��-�hich the Cit�� might reasonabl�� deem necessar�� in order to appl�� for and obtain cop��right protection, maslc ��-�orlc
regisiration, irademarlc regisiration andlor protection, letters patent, or an�� similar rights in an�� and all couniries and
in order to assign and conve�� to the C it��, its successors, assigns and nominees, the sole and elclusive right, title, and
interest in and to the deliverables. The Supplier's obligations to elecute, acicno���ledge, and deliver (or cause to be
elecuted, acicnrn�-�ledged, and delivered) insiruments or papers such as those described in this Paragraph 38 a., b.,
and c. shall continue after the termination of this Contract ��-�ith respect to such deliverables. In the event the Cit��
should not seelc to obtain cop��right protection, maslc ��-�orlc regisiration or patent protection for an�� of the
deliverables, but should desire to lceep the same secret, the Supplier agrees to treat the same as Confidential
Information under the terms of Paragraph 37 above.
39. PUBLICATIONS: All published material and ��--ritten reports submitted under the Contract must be originall��
developed material unless other��-�ise specificall�� pm��ided in the Coniract. When material not originall�� developed is
included in a report in an�� form, the source shall be identi�ied.
40. ADVERTISING: The Supplier shall not advertise or publish, ��-�ithout the Cit��'s prior consent, the fact that the
C'it�� has entered into the Contract, elcept to the eltent required b�� la��-�.
41. NO CONTINGENT FEES: The Supplier ��,�arrants that no person or selling agenc�� has been emplo��ed or
retained to solicit or secure the Contract upon an�� agreement or understanding for commission, percentage,
brolcerage, or contingent fee, elcepting bona fide emplo��ees of bona fide established commercial or selling agencies
maintained b�� the Supplier for the purpose of securing business. For breach or ��iolation of this ��-�arrant��, the Cit��
shall have the right, in addition to an�� other remed� available, to cancel the Contract ��-�ithout liabilit�� and to deduct
from an�� amounts rn�-�ed to the Supplier, or other��-�ise recover, the fu11 amount of such commission, percentage,
brolcerage or contingent fee.
42. GRATUITIES: The Cit� ma��, b� ��--ritten notice to the Supplier, cancel the Contract ��-�ithout liabilit�� if it is
determined b�� the Cit�� that gratuities ��-�ere offered or gi��en b�� the Supplier or an�� agent or representative of the
Supplier to an�� officer or emplo��ee of the C'it�� of I)enton ��-�ith a�°ie��-� trn�-�ard securing the Contract or securing
favorable treatment ��-�ith respect to the a��-�arding or amending or the malcing of an�� determinati�ns ��-�ith respect to
the performing of such contract. In the event the Contract is canceled b�� the Cit�� pursuant to this provision, the Cit��
shall be entitled, in addition to an�� other rights and remedies, to recover or ��-�ithhold the amount of the cost incurred
b�� the Supplier in providing such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, emplo��ee, independent
consultant, or elected official of the Cit�� ��-�ho is involved in the development, evaluation, or decision-malcing
process of the performance of an�� solicitation shall have a financial interest, direct or indirect, in the Contract
resulting from that solicitation. An� ��-�illful violation of this section shall constitute impropriet�� in office, and an��
officer or emplo��ee guilt�� thereof shall be subject to disciplinar�� action up to and including dismissal. Anv violation
of this provisi�n, ��-�ith the lcnrn�-�ledge, elpressed or implied, of the Supplier shall render the Contract voidable b�� the
Cit��. The Supplier shall complete and submit the Cit��'s Conflict of Interest Questionnaire (Attachment B).
44. INDEPENDENT SUPPLIER: The Coniract shall not be construed as creating an emplo��er/emplo��ee
relationship, a partnership, or a joint venture. The Supplier's services shall be those of an independent supplier. The
Supplier agrees and understands that the Coniract does not grant an�� rights or privileges established for emplo��ees
of the C it� of Denton, Telas for the purposes of incoine tal, �j itlitx�lc�ing, social securit� tales, � acation or sick lea� e
benefits, ��-�orlcer's compensation, or an�� other Cit�� emplo��ee bene�it. The Cit�� shall not have supen�ision and conirol of
the Supplier �r an�� emplo��ee of the Supplier, and it is elpressl�� understood that Supplier shall perform the services
hereunder according to the attached speci�ications at the general direction of the Cit�� Manager of the Cit�� of I)enton,
Telas, or his designee under this agreement.
45. ASSIGNMENT-DELEGATION: The Coniract shall be binding upon and ensure to the bene�it of the Cit�� and
the Supplier and their respective successors and assigns, provided hrn�-�ever, that no right or interest in the Contract
shall be assigned and no obligation shall be delegated b�� the Supplier ��-�ithout the prior ��--ritten consent of the Cit��.
An�� attempted assignment or delegation b�� the Supplier shall be void unless made in conformit� ��-�ith this
paragraph. The Coniract is not intended to confer rights or benefits �n an�� person, �irm or entit�� not a part�� hereto; it
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being the intention of the parties that there are no third part�� beneficiaries to the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in ��-�hole or in part b�� a
��-�aiver or renunciation of the claim or right unless the ��-�aiver or renunciation is supported b�� consideration and is in
��-�riting signed b�� the aggrieved part��. No ���aiver b�� either the Supplier or the C'it�� of an�� one or more events of
default b�� the other part�� shall operate as, or be consirued to be, a permanent ���aiver of an�� rights or obligations
under the Coniract, or an elpress or implied acceptance of an�� other elisting or future default or defaults, ��-�hether of
a similar or different character.
47. MODIFICATIONS: The Coniract can be modi�ied or amended onlv b�� a��-�riting signed b�� both parties. No
pre-printed or similar terms �n an�� the Supplier in��oice, order or other document shall have an�� force or effect to
change the terms, covenants, and conditions of the Coniract.
48. INTERPRETATION: The Coniract is intended b�� the parties as a�inal, complete and elclusive statement of
the terms of their agreement. No course of prior dealing bet��-�een the parties or course of performance or usage of the
irade shall be relevant to supplement or elplain an�� term used in the Contract. Although the Contract mav have been
substantiall�� drafted b�� one part�', it is the intent of the parties that all pro��isions be construed in a manner to be fair
to both parties, reading no pr�visions more sirictl�� against one part�� or the other. Whenever a term de�ined b�� the
Uniform Commercial Code, as enacted b�� the State of Telas, is used in the Contract, the UCC definition shall
control, unless other��-�ise de�ined in the Coniract.
49. DISPUTE RESOLUTION:
A If a dispute arises out of or relates to the Coniract, or the breach thereof, the parties agree to negotiate prior to
prosecuting a suit for damages. Ho���ever, this section does not prohibit the �iling of a la��-�suit to toll the running of a
statute of limitations or to seek injunctive relief. Either part�� ma�� make a��--ritten request for a meeting bet��-�een
representatives of each part� ��-�ithin fourteen (14) calendar da��s after receipt of the request or such later period as
agreed b�� the parties. Each part�� shall include, at a minimum, one (1) senior level individual ��-�ith decision-malcing
authorit�� regarding the dispute. The purpose of this and an�� subsequent meeting is to attempt in good faith to
negotiate a resolution of the dispute. If, ��-�ithin thirt�� (30) calendar da��s after such meeting, the parties have not
succeeded in negotiating a resolution of the dispute, the� ��-�ill proceed directl�� to mediation as described belo��-�.
Negotiation ma�� be ��°aived bv a��-�ritten agreement signed b�� both parties, in ��-�hich event the parties ma�� proceed
directl�� to mediation as described belo��-�.
B. If the efforts to resolve the dispute through negotiation fail, or the parties ���aive the negotiation process, the
parties ma�� select, ��-�ithin thirt�� (30) calendar da��s, a mediator irained in mediation slcills to assist ��-�ith resolution of
the dispute. Should the�� choose this option; the Cit�� and the Supplier agree to act in good faith in the selection of the
mediator and to give consideration to quali�ied indi��iduals nominated to act as mediator. Nothing in the Contract
prevents the parties from rel��ing on the slcills of a person ��-�ho is irained in the subject matter of the dispute or a
contract interpretation elpert. If the parties fail to agree on a mediat�r ��-�ithin thirt�° (30) calendar da��s of initiation
of the mediation process, the mediator shall be selected b�� the Denton Count�� Alternative Dispute Resolution
Program (I)CAP). The parties agree to participate in mediation in good faith for up to thirtv (30) calendar da��s from
the date of the first mediation session. The Cit�� and the Supplier ��-�ill share the mediator's fees equall�� and the
parties ��-�ill bear their o��--n costs of participation such as fees for an�� consultants or attorne��s the�� ma�� utilize to
represent them or other��-�ise assist them in the mediation.
50. JURISDICTION AND VENUE: The Coniract is made under and shall be governed b�� the la��,�s of the State of
Telas, including, ��-�hen applicable, the Uniform Commercial Code as adopted in Telas, V.T.C.A., Bus. & Comm.
Code, Chapter 1, elcluding an�� rule or principle that ��-�ou1d refer to and appl�� the substantive la��-� of another state or
jurisdiction. All issues arising from this Coniract shall be resolved in the courts of I)enton Count��, Telas and the
parties agree to submit to the elclusive personal jurisdiction of such courts. The foregoing, ho�� ever, shall not be
construed or interpreted to limit or restrict the right or abilit�� of the Cit�� to seek and secure injunctive relief from
an�� competent authorit�� as contemplated herein.
51. INVALIDITY: The in� alidit��, illegalit��, or unenforceabilit�� of an�� provision of the Coniract shall in no ���a��
affect the validit�� or enforceabilit�� of an�� other portion or provision of the Coniract. Anv void provision shall be
deemed severed from the Contract and the balance of the Contract shall be consirued and enforced as if the Coniract
did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to
replace ati� striciceti pro� isic�n �j ith a� alid pro� ision that coines as close as possible to the intent of the striciceti
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provision. The provisions of this section shall not prevent this entire Coniract from being void should a provision
��-�hich is the essence of the Contract be determined to be void.
52. HOLIDAYS: The follo��,�ing holida��s are obsen°ed b�� the Cit��
Ne�j Year's Da� (obser� ed)
MLK I)a��
Memorial I)a��
4th of 7u1��
Labor I)a��
Thatilcsgi� ing Da�
I)a�� After Thanlcsgiving
Cliristinas E� e (obser� ed)
Cliristinas Da� (obser� ed)
Ne�j Year's Da� (obser� ed)
If a Legal H�lida�� falls on Saturda��, it ��-�ill be observed on the preceding Frida��. If a Legal Holida�� falls on Sunda��,
it ��-�ill be observed on the f�llrn�-�ing Monda��. Normal hours of operation shall be bet��-�een 8:00 am and 4:00 pm,
Monda�� through Fridav, elcluding C'it�� of I)enton Holida��s. An�� scheduled deliveries �r ��-�orlc performance not
��-�ithin the normal hours of operation must be appro��ed b�� the C'it�� Manager of I)enton, Telas or his authorized
designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on
the parties, including but not limited to the ��-�arrant��, indemnit��, and confidentialit�� obligations of the parties, shall
survive the elpiration or termination of the Coniract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The C'it�� of Denton is prohibited from contracting ��-�ith or malcing prime or sub-a��-�ards to parties that are suspended
or debarred �r ��-�hose principals are suspended or debarred from Federal, State, or Cit�� of I)enton Coniracts. B��
accepting a Coniract ��-�ith the C it��, the Vendor certi�ies that its firm and its principals are not currentl�� suspended or
debarred from doing business ���ith the Federal Uovernment, as indicated b�� the Ueneral Services Adminisiration
List of Parties Elcluded from Federal Procurement and Non-Procurement Programs, the State of Telas, or the Cit��
of Denton.
». EQUAL OPPORTUNITY
A. Equal Emplovment Opportunitv: No Offeror, or Offeror's agent, shall engage in an�� discriminaton'
empl���ment practice. No person shall, on the grounds of race, sel, age, disabilit��, creed, color, genetic testing, or
national origin, be refused the bene�its of, or be other��-�ise subjected to discrimination under an�� activities resulting from
this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in anv discriminator�� emplo��ment practice against individuals ��-�ith disabilities as de�ined
in the AI)A.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federallv funded requirements)
The f�llo��-�ing federall�� funded requirements are applicable, in addition to the specific federall�� funded
requirements.
A. I)e�initions. As used in this paragraph —
i. ° Component" means an article, material, or suppl�� incorporated directl�� into an end product.
ii. ° Cost of components" means -
(1) For components purchased b�� the Supplier, the acquisition cost, including iransportation costs to the place of
incorporation into the end product (��-�hether or not such costs are paid to a domestic firm), and an�� applicable dut��
(��-�hether or not a dut��-free entr�� certi�icate is issued); or
(2) For components manufactured b�� the Supplier, all costs associated ��-�ith the manufacture of the component,
including iransportation costs as described in paragraph (1) of this de�inition, plus allocable overhead costs, but
elcluding profit. Cost of components does not include an�� costs associated ��-�ith the manufacture of the end product.
iii. "I)omestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
RFP 5115
(2) An end product manufactured in the United States, if the cost of its components mined, produced, or
manufactured in the United States elceeds 50 percent of the cost of all its components. Components of foreign
origin of the same class or lcind as those that the agenc�� determines are not mined, produced, or manufactured in
suf�icient and reasonabl�� available commercial quantities of a satisfactor�� qualit�� are treated as domestic. Scrap
generated, collected, and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the I)isirict of Columbia, and outl��ing areas.
B. The Bu�� American Act (41 U.S.C. l0a - lOd) provides a preference for domestic end products for supplies
acquired for use in the United States.
C. The Cit�� does not maintain a list of foreign articles that ��-�ill be treated as domestic for this Contract;
but ��°ill consider for approval foreign articles as domestic for this product if the articles are on a list
appro��ed b�� another Uovernmental Agenc��. The Offeror shall submit documentati�n ��-�ith their Offer
demonsirating that the article is on an approved Uovernmental list.
D. The Supplier shall deliver �nl�� domestic end products elcept to the eltent that it speci�ied deli�°er�� of foreign end
products in the provision of the Solicitation entitled 'Bu�� American Act Certi�icate".
57. RIGHT TO INFORMATION: The Cit�� of I)enton reserves the right to use an�� and all information presented in
an�� response to this solicitati�n, ��-�hether amended or not, elcept as prohibited b� la��-�. Selection of rejection of the
submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an a���arded supplier or supplier to be licensed b��
the State of Telas, anv and all fees and tales are the responsibilit�� of the supplier.
59. PREVAILING WAGE RATES: All suppliers ��-�ill be required to c�mpl�� ��-�ith Pro��ision 5159a of "Vernon's
Annotated Civil Statutes" of the State of Telas ��-�ith respect to the pa��ment of prevailing ��-�age rates and prohibiting
discrimination in the emplo��ment practices.
http://��������.access. ���.�ov/�lavisbacon/h.htlnl
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall
compl� ��-�ith all State, Federal, and Local la��-�s and requirements. The Supplier must compl� ��-�ith all applicable la��-�s
at all times, including, ��-�ithout limitation, the follo���ing: (i) �36.02 of the Telas Penal Code, ��-�hich prohibits
briben�: (ii) �36.09 of the Telas Penal Code, ��-�hich prohibits the offering or conferring of benefits to public
servants. The Supplier shall give all notices and complv ��-�ith all la���s and regulations applicable to furnishing and
performance of the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Supplier shall demonsirate on-site compliance ��-�ith
the Federal Tal Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing
��-�ith issuance of Form W-2's to common la��-� emplo��ees. Supplier is responsible for both federal and State
unemplo��ment insurance coverage and standard Worlcer's Compensation insurance coverage. Supplier shall ensure
compliance ��-�ith all federal and State tal la��-�s and ��-�ithholding requirements. The C'it�� of I)enton shall not be liable
to Supplier or its emplo��ees f�r an�� Unempl���ment or Worlcers' Compensation coverage, or federal or State
��-�ithholding requirements. Supplier shall indemnif�� the Cit�� of I)enton and shall pa�� all costs, penalties, or losses
resulting from Supplier's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The supplier shall complv ��-�ith the applicable provisions of the Drug-Free
Worlc Place Act of 1988 (I'ublic La��-� 100-690, Title V, Subtitle I); 41 U.S.C. 701 ET SEQ.) and maintain a drug-
free ��-�ork en��ironment; and the �inal rule, government-��-�ide requirements for drug-free ��-�ork place (grants), issued
b�� the Office of Management and Budget and the I)epartment of I)efense (32 CFR Part 280, Subpart F) to
implement the provisions of the I)rug-Free Worlc Place Act of 1988 is incorporated b�� reference and the supplier
shall c�mpl�� ��-�ith the relevant provisions thereof, including an�� amendments to the final rule that ma�� hereafter be
issued.
63. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Supplier shall be liable
for all damages to government-o��-�ned, leased, or occupied propert�� and equipment caused b�� the Supplier and its
empl���ees, agents, subconiractors, and suppliers, including an�� deli�°en' or cartage companv, in connecti�n ��-�ith an��
RFP 5115
performance pursuant to the Coniract. The Supplier shall notif�� the C'it�� of I)enton Procurement Manager in ��--riting
of an�� such damage ��-�ithin one (1) calendar da��.
64. FORCE MAJEURE: The Cit�� of I)enton, an�� Customer, and the Supplier shall not be responsible for
performance under the Contract should it be prevented from performance b�� an act of ��-�ar, order of legal authorit��,
act of Uod, or other unavoidable cause not atiributable to the fault or negligence of the Cit�� of I)enton. In the event
of an occurrence under this Section, the Supplier ��-�ill be elcused from an�� further performance or observance of the
requirements so affected for as long as such circumstances prevail and the Supplier continues to use commerciall��
reasonable efforts to recommence performance or obser� ance ��-�henever and to ��-�hatever eltent possible ��-�ithout
dela��. The Supplier shall immediatel�� notif�� the Cit�� of I)enton Procurement Manager b�� telephone (to be
con�irmed in ��-�riting ��-�ithin five (5) calendar da��s of the inception of such occurrence) and describe at a reasonable
level of detail the circumstances causing the non-performance or dela�� in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Part�' to require performance b�� another Part�' under the Coniract
��-�ill not affect the right of such Part�' to require performance in the future. No dela��, failure, �r ��-�aiver of either
Part� 's elercise or partial elercise c�f ati� right or reinec�� under the Contract shall operate to liinit, impair, preclude,
cancel, ���aive or other��-�ise affect such right or remed��. A��-�ai�°er b�� a Part�' of an�� breach �f an�� term of the
Contract ��-�ill not be construed as a��°aiver of an�� continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties elpressl�� agree that no provision of the Coniract
is in an�° ��-�a�� intended to constitute a���aiver b�� the Cit�� of I)enton of an�� immunities from suit or from liabilit�� that
the Cit�� of I)enton mav have b�� operation of la��-�.
67. RECORDS RETENTION: The Supplier shall retain all financial records, supporting documents, statistical
records, and an�� other records or boolcs relating to the performances called for in the Coniract. The Supplier shall
retain all such records for a period of four (4) ��ears after the elpiration of the Contract, or until the CPA or State
Auditor's Office is satis�ied that all audit and litigation matters are res�lved, ��-�hichever period is longer. The
Supplier shall grant access to all boolcs, records and documents pertinent to the Contract to the CPA, the State
Auditor of Telas, and an�� federal governmental entit�� that has authorit�� to re� ie��-� records due to federal funds
being spent under the Coniract.
RFP 5115
Exhibit B
Special Terms and Conditions
The puantities indicated on Exhibit C are estimates based upon the best available information.
The City reserves the right to increase or decrease the quantities to meet its actual needs without
any adjustments in the bid price. Individual purchase orders will be issued on an as needed
basis.
Product Changes During Contract Term
The supplier shall not change specifications during the contract term without prior approval.
Any deviation in the specifications or change in the product must be approved in advance by the
City of Denton. Notice of a change shall be submitted in writing to
dentonpurchasin��citvofdenton.coin, with the above file number in the subject line, for review.
Products found to have changed specifications without notification, and acceptance, will be
returned at the supplier's expense. Products that have been installed will be replaced at the
supplier's expense.
Contract Term
The contract term will be one (1) year, effective from date of award. The City and the Awarded
Contractor shall have the option to renew this contract for an additional two (2) one-year periods.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council, unless either party
notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton,
the Contract may be further extended as needed, not to exceed a total of six (6) months.
Price Escalation and De-escalation
Prices agreed upon during the RFP process must be firm for a period of ninety days from date
due date of the proposal. Any request for price adjustment must be based on the, U. S Department
of Labor, Bureau of Labor Statistics, Producer Price Index (PP� for Iron, Steel Pipe and Tube
from purchased steel (PCU331210331210) as found at (http://www.bls.�ov/�i/hoinehtin). The
price will be increased or decreased based upon the monthly percentage change in the latest
published PPL The escalation will be determined monthly. Should the PPI change exceed a
minimum threshold value of +/-1%, then the stated eligible prices shall be adjusted in accordance
with the PPI change. The supplier should provide documentation as percentage of each cost
associated with the unit prices quoted for consideration.
Total Contract Amount
The contact total for services shall not exceed $2,140,000 per term. Pricing shall be per Exhibit
C attached.
RFP 5115
EXHIBIT C
Supplier's Proposal
RFP 5115 Pricing Sheet for Galvanized Steel
Structures for Substations
Proposer R & C Welding
Estimated First Year Estimated Total Delivery
ITEM # UOM Description Annual
Quantity Unit Cost Annual Cost (Weeks ARO)
Spuare Tube and 1-Beam Structures
Structures (includinp assemblv bolts)
6 EA 13.2kV 3-phase bus support 6 $799.82 $ 4,798.92 5-6
7 EA 138kV single-phase CT pedestal 6 $603.17 $ 3,619.02 5-6
8 EA 138kV single-phase PT pedestal 57 $1,078.03 $ 61,447.71 5-6
9 EA 138kV single- phase high bus pedestal 42 $812.99 $ 34,145.58 5-6
10 EA 138kV single- phase low bus pedestal 75 $557.52 $ 41,814.00 5-6
11 EA 138kV high bus disconnect switch stand 32 $3,306.72 $ 105,815.04 5-6
12 EA 138kV low bus disconnect switch stand 27 $2,682.14 $ 72,417.78 5-6
13 EA Transformer bar grating and support members 6 $12,953.60 $ 77,721.60 5-6
Anchor Bolts and Templates
14 EA Anchor bolts for Foundations F2 and F10 (1"r� x 2'-6") 1372 $17J0 $ 24,284.40 4-5
15 EA Anchor bolt template for Foundation F2 (Template TP3) 60 $16.15 $ 969.00 4-5
16 EA Anchor bolt template for Foundation F10 (Template TP6) 15 $9.43 $ 141.45 4-5
Special Construction Items
16 EA Bearing plate for equipment shelter foundation (not galvanized) 68 $110.97 $ 7,545.96 4-5
17 EA 138kV EV2 switch outrigger (aluminum) 96 $175.62 $ 16,859.52 6-8
18 EA Switch spacer plate 27 $10.81 $ 291.87 5-6
Additional Structure or Structure Modification Pricinp
19 Ib Price change per pound for decreasing structure height 300 $1.36 $ (408.00)
20 Ib Price change per pound for increasing structure height 1000 $1.36 $ 1,360.00
21 Ib Average price per pound for adding a new structure 2000 $1.36 $ 2,720.00
Fabricator:
Location of Fabricating Facility:
Galvanized substation fabrication experience: years
Years of experience providing galvanized, tapered tubular steel structures to utilities in the United States of
America: years
a. Number of similar substation steel projects shipped in the last 18 months:
b. Percentage of shipments that did not ship on time:
c. Average delay for shipments that did not ship on time: (days)
If the fabricator is foreign, state the name and location of the facility in the US that will be used in the event that
repairs or corrections are necessary:
Are there any exceptions to the specification?
Invoice Paid in 20 days
Invoice Paid in 15 days
Invoice Paid in 10 days
R&C
Gering, NE
20
5
40
3
5
NO
Additional
Discount %
0.00%
0.00%
0.00%
EXHIBIT C
Supplier's Proposal
CITY OF DENTON
RFP �'OR SUPPLY OF GALVANIZED STEEL STRUCTUR�S FOR SUBSTATIONS
��������
BUSINESS OVERViEW QUESTIONNAIRE AND FORMS
f F ti
i. Contractor Name: R� G Gv� ���� F n J����� � G<,��s'� �G, .
2. Address (Principal Place of Business):
��D C�:��` Gdc{���v� G1���� �io���� Ge�-� n� �v�v �� j 3�� �
3. Daes yaur company ha�e an established physical presence in the State of Texas, or the City of
Denton? � �
4. Tax Payei• ID#: �7 — p(� 17 �h �7
S. Email Acidress of Primaiy eoniact: �G k� C����%� �G�' " J' t �� �'�
6. Wehsite Address: �i� c�e �r.� ��� ��' C���
7. Telephone: �j �`i � •- �� 3 S � C� �' '� !
s.. Fax: .��- � ��- �> S'� "7 ! �� �7
9. Other Locations:
10. �rganization Ciass:
Pax�tnership
Indiv'dual '
-�o oration
Association
11. Date Established: j� l r�l �� �
12, Fortner Bus�ness Name: �11? � F�-
13. Date ofDissolution; � � t"1. � .
14. Suhsidiary of �}� � �
1S. Historically Underutilized Business: Yes o�To
f 6. Principals and Officers;
Please detail responsibilities with the name a� eaeh principal. or offic�r.
�7. Key Persont�el and Responsibilities:
_� � �
I
Please detail respansibilities with the name of each key personnel, " ',
PAGE 49 OF R�P #�115 . , , ` _
EXHIBIT C
Supplier's Proposal
CITY OF DENTON
RFP FOR SUPPLY O�' GALVANIZED STEEL STRUCTUR�S �OR SUBSTATIONS
18, Number of Pe��sonnel by Discipiine:
Discipline Nu�nber of �taff # Registered
19. Has your company filed or been named in any litigation involving your company and the
Owner on a cantract within the last five years �ader your curren# company name or any
other company name? If so provide details of the issues an�. x�esolution if available. Inciud�
lawsuits where Owner was involved. j� i�
20. Please provide at least {3) #h�•ee references (preferably naujaicipalities) and conhact
amounts. Include project desc��iption, contact names, pasition, and organization name and
telephone number for each reference iisted. See Atiachment F.
21. Have you ever defaulted on or faiied to complete a contract under your current company
name or any ather company narne? If so, where and why? Give narr�e and telephone numbez•
of Owner. � ��
22, Have you ever had a contract #ei•minateci hy the �wner? �f so, where and why? Give name
and telephone number {s) of Owner {s). ��
23. Has your company implemented an Employee,Health`and Safety Program compliant with 29
CFR 1910 "General Industry Stanclards" and/ox• 29 CFR 1926 "Genera� Co�struction
Standarcls" as they apply to your Company's custornary: activities? Y� �1
. htt :/fw�vw.os�a. ovl lsioshaweb/owasrch.search fa��n? doc t e=�T
ANDARDS& toc 1�, e1=1& ke al�e=1926
�
PAGE 42 QF RFP #S'[ 15 '
�
�
EXFiIBIT C
Supplier's Proposal
R& C Welding & FABRICATION, INC._
� 880 EAST COUN7RY CLIJB ROAD
__....� _ . _.
� (3�R[�iC3 NE 69341�������
-__.__ � KEY PERSONNEL �� �_ -
CRAIG CARLSON-PRESiDENT {25 Y�ARS WIT#� THE COMPANY, 37 YEARS �ABFtICATl01� EXP�RIENCE) ___
--
-.
GERALD MURPHY-CFOlCOIVTROLL�R {20 YEARS WITH THE COMAANY, 28 YEARS EXPEFtiENCE)
JACK MCKNIGHT-�STIMATORIPROJECT MANAGER (8 YEARS W1TH TH� COMPANY, 30 YEARS FA�RICAT[�N
EX��Rl�NC�j ___.. _.
—_.._.._.�
.___-
--- � -._....
----_.____ r___ _��__. 1_�
RICK HALE-ESTIMATORIPROJ�CT MANAG�R (4 YEARS WITH THE
INDUSTRY EXP��I�NCEI —_�� ��. --
�XPERi
I�UMBE
fCATI�IV SHOP FOREMAN (2 Y�ARS WiTH T
EL BY DISCIPLINE:
RS MANUFACTURINGISTEE
NY. 9 YEA�tS FABR�CATION
PLAZMA TORCH OPERATOR 1 1
__-- -._.. _
WELDERS �...-- ---_..�.._8 8
MACH[�EST .--._ _.__.._. 1 _.__ ..._.1
_...._._ ___. _.. __� .._
LABORERS 4
5AW OPE�ATOR �._�_ __.�-- � ---- __.._...
EXHIBIT C
Supplier's Proposal
_ _ ; ;- , �
�:�.� - • �ELI�lN� �*.
�r+ii+
.�:4:::��r � F�� ���TI��
880 �. Cnuntr� Club Bd„ Gerin�, HE 893�1
308-635-0081 � ��x-30$•63�-1111
PROPOSAL TO: Ci�,jr of Denton
ATTN:
DATE: December � i, 20 t 2
PRO]ECT: Substation Steel
LOCATION: Denton TX.
We propose to furnish as per your speciiications, subject to eonditfons herein and on reverse side of thEs
proposal, ihe following items.
Pieased ta quote per.prints.
All ho� dipped ga[vanized.
Price includes all connectian hardware.
Price Is based on t�c�C loads of at feast 40,000 fbs �
l.oads less than 40,000, freight cast will 6e adjusted .{ Rate of adjustment .08 cent Ib.)
Thanks
Jack
Authorized s�gnature Jack McKnight
We recommend that all c�i�r.�l items be independentiy tested and / or eng�neered to assure #he buyer that the work, matarial and
` equipment are suitable.for your needs. . It is ezpressly understood that any technieaE advice Furnished by R&C Welding & Fabricat[on
inc, and its empEoyees w�th respect to the use of its goods or services is given without charge, and se[ler assumes no obiigation or
liabifity. for the advice given, ar resul�s.
Acceptance of PrapasaE _
The above prices, specificatioi�s and conditions are satisfactory and are.hereby accepted. You are authorized to do fhe
work as. speci#ied, The ferms and condiiio�s on #h.e reverse side of this proposal are a part �f it�is proposal.
Accepted: . _ -
Signalure: . Date:
_
�
.; �
,
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C°I'I"� 4�+` �D��TT�AI'�, '�'��:A� A�
FAL���+i �"T��L +CtJN�YAl"�'ti� (�FP �115)
'�'I--B[�� C�P�TI�A�T is ���c�� �nd emt�re� ir�ta th�� d�y cr�' �1.�.,
2013, by ��d b�tween Falca�r �t��I Compaa�y, a ca�°poi°atior�, vah�ase �ddfi°ess is 4��11 �lld I�cntan
R��d, �Ia1#o�n +Citv, `I"X ?6117, tj�rei��f�er ref�a•rec6 tra �s "Suppdoe��," and the ClT'"r' �T+
DEl°�'T+C��d, TEXA�, a ka�rtue ru�� rrouniuip�� cc�t•porataor►, h�rei�after refe�•rc�l �� a:� "+City'" t+a bc
�eftective �p�n a�aprc�val c�ft�e I3�rutcan Ci�y �ou�cal a�d s�ubs�qu��t �x�cu:tao�a �rftfi�is C�an�ract by
�h�e �erutcan �i�y Pv�4�na�e� oz• kl'rs �Bu�y au�ho�•�zet3 �esegn�e.
Fc�r �nd in c�nsidei°atian crf th� ��rvet�ants aa�d agreeir�ents containec9 �emein, and f�r• t�e
�nr�tual �e�ref t� t�r l��e c�bta�ir���i hereby, the ��rti�s ��s�ce as foll�wvs:
,��'�P'� �i� �ER'VIC�S
S�ppl�et° shal� g��e�vuc�e pa°a�duc�s i�n accorr��ncc w�fi9� �he !Caty's TtF"P # 51 �5 Galvapaaze�i
S�rb�ta�ti�r� St��uctur�s, �a c�py of whi�h is on file at the of�'ice af Pu�m�ha�in� t1ge�� au�d
inc�r•pc�rated 17eM°ein f�u� �l➢ pu�•po�es. The �Con���ack cor�sis�s caf il��s w�•it�en agr•��r�ertfi �nd the
�ea�➢awrin� iteirus whicl� �are atta�;he�l heretr�, ar on ii�e; �nd irncot'p�ar•�ted �eA�eim by ref�r�erq�e:
(�� Ci�y of [��r�to�'s �.FI? 51 15 {�rn fil�e �t ttr� o�"fi�e af tt�e �"�r�tt��ing A�e�t)
(�) Starnd�rd Ter►�os �ancl C�,ndiii�a�� (��hibrfi "A�')
(c�! Sp�ec�a8 Tea��n5 ar�d Cc�r�+�i�rc�ns {�xhib�# "B")
�d) S���pli�r'� Prt�pos�l, �xtYVt��t ",C"�,
�h�se ���un���nt�� zn�9ce�� �a� �he C�e�fra�� d�cuerru�nt�s and wh�ti is ��l�l�d �or b�� �ar7e shal� l�e
�s binciing as �� ca��ed �c�r 6y all. ln tE�e evenk at" au� Incorns�st�ncy ar car�flict in �ny of �he
prc�v�si�rns o�'the �C�nt��a�c�� d�ac�arr��t�ts, �he ancc�nsistency �i° �:�rr�fli�t shall ta� ���se�Ived by �;ivi��g
p�•ece�denc� �irst t� ihe w�•itten a�►�ee�e�tt t�roen tca t�u�e c�rntr�ct dc�c��meruts ira �he �rd�r in which
they are l!isted ak�ove. "l�he�e d�cLUtnents s��n11 bc �°eferred ka ccal�e�tiv�ly as "Car�tu�a��
]�acu���er�ts,"
R�'P" 5 � 15
IN WI�Z�SS Wk�CRE�1F, tbc pa��ties of t�w�s�e preseni5 haa+e exe�ut�d this a�ree��te�t in
��ie ye��� and day fi�•st ak��ve vwrit�eru.
� � 1 ���,
Jk�N�IF�;R °vUAL"I`�F�S, �IT'�'' s�C��TA➢��'
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APP"R��J�� ,°1S TC) I.,��C,AL 1FC�R�'1:
Al"�1TA ��RC�SS, CITS' AT�"(�R:TrI�,Y
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]:FP 5115
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C'u��a af T)+e�iat�
����+dard Pu�chas� T"�erms a�d �and�ti�ns
Ti7ese st�ncl����l `�'e�•�ns a�� +�c,ndot�an:s a�r� t�►e T�i•ms �nd Candik%c�ns, S�ecifca�iar�s, I)d��win�s and c,�1�ea-
re�4�aE•�ments u»�c��ded 'i�i €he City of I7�e�zto�7's solicitation �re ��plica�le �o Cor�t�'��ts/Purchase ()t•�l�rs
'rssued l�y th� City �f I)enton he�•ei��aft�� ref�i�red t� as the ��ty cr�• Buy�r ar�c� th� S�ller 17���e�n ��tei-
�e%c°��e� to �s ��ie Supp9ier. Any devi�tLU�ns is�us� �e in wa°iti�ti� �r�cl s���ti�d by a r��r�s�nt�tive �a� ��ti� ��ty's
P�°r�cm�e�ne�nt �}e}�acti�nent a�7d �81e Sup�pliet�. T�do �'erins anck C�rrditions c�antanneci "un the SuP�li�z�'s Prc�pasaC
i�esp��m�se, ir�wauc�� �ar S�atea��nt slval'k ��rve t�r �n�dify �i�e t��-r��s s�et �a�•th herein. If thei°� is a c�a�f6uGt
betvaeen the g�rcavisions �u� �E�e �a�� �f tJ�e Ca��iu�act/��ii•�cha;sa �Jrdci° tl7ese tivfl��tt�ra pr�vis��a�s will ��ake
pr�c�d���ce.
T�y su�lruik�tin,� am� ��fer E�n r��sp�rr�se �ko t�e 5aa�i��i�a�i�ara, ���te �u'p�l��e�� a��r�e��s that �2iu� �ca�ltra��i sl��all �e
��v�r•r�ed l�y the fc�l�awin� tes•�ns and cand�ta�ns, �a�aless exception,� ar•e d�uly nate�� �,n�d fully n��atiated.
L�i7[!�ss c���er-wise sp��ific,d i�� tl�� con���act, 'Sec�iapros 3, 4, 5, 6, 'T, �, 2CV, �], amc� 36 sl�al9 a�}�ly c��ly �c� a
Salicitati�r� tc� p�.ri•�h�,s� Ci�!ads, er�id Seatians ��� 1a, 11 anci 22 s9�all a��ap�y c�n�y to � Solicitat��n pc�
p�erchas� Servrces t�, be g�er��rr�ne�6 pari��ci�altly at t➢�e Cuty's pr°erruises c��• arj �atablic �•i��lts-o�'w�y.
�. �IUFPLI�"R'�S GBL�G.�'I'IO�V�S. 7°he Supplbe�• shaCl fully an�i t�maely pr�a�rid� all r�el�vci•a�,les a�esuribed i�� fhc;
Sr�7icitadiar� and i¢r the Suppdiem�.'� !�d'f�e�' in sh•ick accard��o�ce �vuth kl�e t�s'rns, c�a�✓erra��ts, an�i c��r�dit'i�tts �ftfl�e C;carrtra�t
an�i a�ll �p�,l�a�blc Pedea��al, St�ate, an�l l�c�al la�,v;s„ r•ules� and ��e��al�t�a�m�s.
2. �FFEC 9i"IVE DA�"�/"I"EItd4'I. �9nlc�s okhertvi�e; sp�cifiecl i�r the, Scr�ic�tatic�r�, th�� C�ntm°aci s)tall �c effecliv�; as �ra
th� a(��;; ttq�; c�nla��a�;i is si�?n�r� 'by tta� Cit,y^, �s7d shall �ccarr�tai��ae ii� �1�7'e�t iumrtil �11 �rl�li��at�i�ans are p�s°��e�merl ��
accc�rr��raG�; j�^ikh lk7e t;r�r�tract.
3. ��IPPL,I�}t `�'(l PA�C:FCA+GE D�L�1✓EItA��LS`. 'I'Iro� S�p�lie;i° will �aaclra�e �i�.liv�ra�rles iro accc,�•d�mce ovi@h
��od c���¢nei°c�a) �ra�k�ce a�a� �ttafl ii7cl�ade �a p�ckii�� �isi s�ica�vi�i� �Yr� tic;�cr•i�tian c�i"ea�;h it�m, the �u�n�rty a�tr� unet
��ri�e ti�nle:s:s e�t.l�c;raw�ise�� ���c�vu�i�cd in the Speci�icatitia�s o�r ��p��lern�,n�t�l `�'erms anc� C��nd�itaa�rrs, c��tc�� sl����iu�'g
c��tt�airtea• shall be clearly �nd }�e¢•rrra�a��rtly t�ar�k�c� as fallc�wvs, (�) '�'he S�}��r�iec's t�ama; ar�ci a+_ldress, (b� i}�u City's
tastnic, ar�c�ress a�1d pu��c;�d�se ardea� c�r purchase r��cs�sc� r¢umh�t• an� t�-�� }��i�e a�r�c;ra�ent numbcr if a}?�rlic�blc, �c�
�r��r�Raia�er nun�t�er an� total ui�amber of c�r��ai�t�rs�, e.�. lao�;� 1�f� k��r;�e�s, ��� �d� �he num'bei° �iihe co��taie�ea- h�earira�
tl�c packing list. 1"Ite �5up�r6iea� shal�� bear cc�st c�f� p�ckagio��. �edive��a�rles shall kae su�i�al�ly gsaeke� tr� sr:�:ure Ic�r���st
tra¢��por�ato��7 �;���ast�s and tu! ca�g�fr��•�i Q�u� alB �the E�•ec�uir�m�cr�ts� �fcc�r�rr�e�� c�aa�rie�rs tr�c� a�y ��plic�blc sp�cil�i�atiran. T67�
�;'i�y"s cr��a�it rar wei�l�t sh�il 't�e �inal �a�d co�7cktAS�vc rn 5hfprrietits� n�t ac�otrtpanie��d t�y pack�mg �ists.
4. SH1Plyv'I�IMI`�" U�IDER �ESE�iV.A'�"l�l`J PFCi�l�ti�31TEI71: "I'�ic. 5�u��li�c- is n�t aut�r�ri�e� tr� st�ip tB�e
t�elivaraL��e;� wndGr �re��s�a�vation an� t�b tcn�er crl��a �ill pf �acl�r�� wvm11 �pe�ral� ��as ra tender ��fl'd��livc�i��able�.
5. T�TLi�� � F�I�IC �Cl�' L�SS: "fl'itle t�s and r~isk c,� loss r�f ttle tle1averablcs shaCl �aa�s �o the (�iiy c�nly tiiz}ien tlt� City
�cti��a61y �°cceives �d�� �c�e�aCs Che cleliverables.
6. D�LIV�17Y TEiz➢Vl;� ",d'+dLl 'I'�AI`�ESP�IiTATICIN iCFIA�GES: l�elar��:i�a�les s�r�ll bc s&ri�r�aed fa`.�3.Q. pc7int caf
�i�.l�very �r��le�� aiEre¢•wGS� ��}�eci9���ci in t�he�� Suppleu�ea�ta➢ �'er�ns an� C'Ut�r�it�an�. [J�i�less c,kh�;rwise ;��atcci ir� th� C1�tcr,
t.hc� 5t��pli�cr•'s pri�e shail be dee�ned f�a iatcl�ide all �elavcry �asid t�'��tspar�ati��l ch��ges. "1"he �ity sluall hav�e lhe righi
t�a �d�;s'ign�a�t� what tt�ethead' �T��earas�a��t�Ci�r� sha1� be r�seci to sl-��p tfae �ic;l�verahles. The pla�ce c1`d�liw�:ey s1�a11 la� th��
s�t f��°th tl�e pu�•chasG c,a�der•.
7�, R1GHT �I< I�WSP'E�"'�'I��f ,4 P�D �G.��C"i"I�iV: 'Vl�e �ity exy�ressay� r�s�ca-v��es alI ei��'k� undem• �a�v, �in�,l���iiaig� but
��c�t �iat�itcc&' t�a 41�e Ll�rifnrr7� �Cs�mmerca�l Cade, d� itts�scct �I�e d�;lmu��°al�le� at dupiu�°�y 6�f'�om�e �ccc;pRgn� �}��rn, �and t�
s•esj�ct dele�tivc �r r�ran-c�niEa�'mi�� clel�v�rablea. ➢i" &he �"dty h�� tihe ri,�l�t tr� im�s�ec't �kt� �upp�ier's, w��° the Su�ap�icsr"s
Slxb�:�ontt•an�t�r•'s, faci�i�[es, �r ihe d�el�vet•al�le�� at T1�e Su}��lit;a�"�„ c�a� khe Suppl'uer•'s �Su�b��ntr�ctn�r's, ��°��;��i��9s��;�, the
St��a�alier• shuaVl turrtish, or ca�sse l� �rc fui•nis�t�r�, �,-�^itl��uk �dt�itiic�raal cktat`�c, aCl r�ease�n�h�e ['�cilities a��r� assist�nu�; t�
t)t�: Ci�y ict 1'a�;ili6aie suc6t 6ns��rta�ar�.
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�.1�fi} 1��PI�ACGM�1'�'C �� I)�FE��'IV �'TEZ`�l)�It: L;vciy te�ider �n¢- d'elive��y c�f'�c�ivci•abl�s rnus� I�illy con��ly
tiui��h al'I p���v�si�ins af th� C�a�tra��t as t� t�me of de�iwery, y�a��i�y, ��1�# q«a�tit��. Any n�n-��an��rlyir�g teti�dea• s��ll.
�.c�nstitude� a�eea�h and Ch� ISuppei�r �k�a�ll tacai l�av� dhc r�,�l�t io s�u��t'ituae � co�r�lc�rn�ing t�n�'ei; pa�avid�d, ��hws•�e� t(1e
lime 1"t�ti� �ea�f��°tnar�r:c 1��s nc�t yet ���iu°ecl, th� Suppl'ua:r m�,y nc�R��y� the C�ty c�t` thc intenk�crn to cw�x'e at��i �r��w then.
raiake �t cc�a7fcroi�mir�� tender tWitft�i7 �he 6i�rrr� afllc�t�c� in t��e cc�r�traci.
9. �L,r�CC :'�fvTD C#�PWll�TIfJN (7�F WCMId;��,: Th:� City shall �fl•�rvide t87e S�ap�liti:s' acc�;ss �m th,e �ite� �vhei-u the
Su�3pla��' is t�a perfc�a•n� �the �e�raices a� t�equoreti itti orde�• fr�r th� S�u�+pH�ua' tc� �e�i•forc� t.he� se�rv�i�es in a��rrrcly ���rc�
effieienC manner, in ��:c�ao��aetti:c r�vith and sub�ect lcr tl�e r��apli�able secta��ity lawsy p'ial:cs, arrd re�ulati�ns. '1'he Saspplier
ac�k�Qwledges tkiat id has satiisfic� iiself as lca �I�e r�af�re srf tt�e C:ity'S seraice 1'ey�iircrr¢errts and s�e�cilm�;ati�r�s, �f�e
lacati�7ty a¢�cC� essen:ti�l ch�iracted•is�acs �s1� l�c; r�rUC•k sikes, tl�e �g�a➢i!y a�ttc� ca���antity of in�teriaGs, 4�paiipmertt, l��ic�r atta�
f��ilities necess�i�y tc� ��:�•frai'�� �P�e se�-vaces, an� �rmy other candiGian �rt' stat�: e�f fact �vhich cr7uld �ra any tin��y a1'f�c:t
perf"arra�airoce t�i' �1�� Su�aplic,r'� �,k�li�al:ii�ns iancic:i• rtlie c�rn4�°�ct. The Supplder heceby r�;le�sz;s amd l�calds tE�� f�iiy
k3am�ra�less ��i•��in ar�d a����r�s� �mny l��a�ilily �rr c�lai�n ��"ot• d�tna��s t�l' aoty kand ob° �i7��@iA�i°� il�° tY7�; ac��an smte c��� st���wice
c�onditiar�� ���3�r fr�ra� expec6ec� c�rro�iiir�tss.
] 4�. '1�✓[)Rd{�'[3��;�
�'t. '�`k��; Sriappliei� �haYl �;t���loy anly �ardea•ly and cornpetent wwc��'&c�;�°s, skilled in ih� per�orc»�nce crf t3�� y�,K•r�iccs ovtricYr
t�Pxe;y� widE per�f�G�p-r� un�&cr t�e C:orrtr�at.
L�, The 5���p�l'te:t', its eir�p��yees�, saibc�o�t��a�C�p's, ����td sr�ka�antractoi's �inpflryee� n7�ay �aR �.�hile� ��ga�ed "an
par��icipating ���' res�on�9in� tcr �a s�lia;it��t4r�rn �ir• wlt�l�° in the ��,urs� �n� sc��s��s� crf �@eli�+e�'i�t'� �;oa�ci�s �o-r servic��;s �an�em• a
�;�ty at"��r�la�z� �ontr•ac# cr�• t�� �hc Cirt�y"s pr�r�ea'ty .
i. us�; r�r pc�ssess a fin•�,�reg•m, inclu�#in�; a cc�nceal�d I�an�l�:un t���;t is 9icernsGCl �indes• s�ate l��v, �xce�k as
r'er�tdflt'�ti by t9�e teems uf'the canti•a�t; �a'
ii. use a�r �asa�sw �Ic�ahc,lic a�° ca�ta�r• ir�tcrxicat¢rn� }�evera�e;�, ille��ul �r•�w�:s �r ct�nt��€�I��c{ sub�tanc�s, ns�r i��ay
suc:h �rFcar•�ers he ir�t�>xicate�C, �r� un�i�r th� influencz; �rf°�Icca87er1 ar �ru�s, c�rr k�e,j�ah.
C, 6f"'thc� C;�ity �r ��ie �C:ity"s repre�s���rtati�+c noti4'ie� �h� Stapplie�• �L9t�rt ��ty uv�a�•ker �s inc�am�ct�ent, t�i�ti�t't�c;rly �o°
d�s�taeclaer7k, h�s &rnorvin��y o�• repeatedly v��alated s�feky rcga��atifliys, has perssessed any Iirearms, oi• 11as ��,ssess�d �re�
r�r�:s un�l�a° ihe ii7flu�ruc�� �rf a➢c��}���G ��' cli'u�� �an t�� _p��, td7� �iu�,�lier s�h�all in�n7ediat�;ly �•ert��ve s�ch ��vc�rke�• fi��arr�
Ca��'l�'ti�wC sGi���ces, and r��ay »�t ��n�p�y s�c��h r,�c�rk�;i� ���aiu� �n C�attt:cact se�°x�ices r�vit�rout t�e Cit)�'s prior wa�'iit�n
�c�dlscnt.
�n�nv�g,�`atin¢�: 'd'C�e S��p�pl�es• g•��reser�ts and �warranls ��haf� 'it sl�all �;an7�ly i��it9� th�e r�yuQ�•c�raie�lt;� �f° t}te iara��rtii�r�l�ia��i
Reft�t'��v ar�c� �'�rn�rnl Act of 1�)��i an�l i�9(? m•e�ar�iro� clnplcayi�ie�tC vci`ificati��� ai�d reter�kiai� �f ��e�'ii�t;��tmcs� for•�ris f'�ar•
��y �rmdiv�dt�als hire� an �t� a�`t�t^ 1'��aver��rea� �, 1���, ���io ����i]l pr;i"fc��'m �uny Y�e�oa• r��• servia�e� ttr���;r t�� �an�ir�a�� �and
khe: Illc�a� Irt�nla�m•a�eQa� FLel�r'm btncl [rnmigra�it Res�c��ts�b[lity �,ct of l'99� ("']IRIIZAp er�tt�,ted an Se}7d�rnbcr ��,
V ��)Ci.
11. COtV[PIsIA�IC� WI'�`H 1-[EAL'�"H, SAFE"i'Y, ACrrIID Gl"��''�R�dPV�41�PVT.AL TFC��GI�L.,ATI�1'�i�: Tlic �u}��,liea',
�t's S'��bcontract�rs„ and the��� rc��p�cGive en�pa�yce�s ;�ha�'I �:r��npl�,r fuCly witlti �all �p�licable fed�ueral, st�m�e„ att�l lac�'I
hcaCth, safety„ ancl �nvirt�n►n�nt�l law��s, aa'dinai�ces, c�aal�°s and ��e�ulatiuns in kEre peet�c�u•r��n�e �4' t�e sc�rvi�es,
imcln�dit�� b�t nr�t 'li�t�i���d t'rr thr�s�; �pt���r�rrrulgated 6y� the �'ily anc� 'b,y th� f)�;au�w�a��oi��l �a'I�t� ar�d He��t�
1ldtni�is�iation (�JSI IA). �n cas� r�f confl�cl, the mos� s�rit���nt s�ateiy requit•etne�lt �hall �t���e�'n. �"hc; Swap�lier sh�lO
indemr�aky� ar��f h�3c� th� iC`ity I�ai°arrlc�s f���rrr� ar�di ���ir��t al1 ti�Iairns, dem�ttt�s, s�ii:�s, actit�ns, jtic#ginents, lirr�;s,
��na�ties �n�3 Ciability �f�veey kirmd ar0sia�� f"rc�rrr t67e I�tmt;ac}� c�f ti�e ��g�plo�;r's r�bli�atitins �r�cl�:r �ha� �a��•��rap�.
Cnvirc�a�►rze�a���� P�°ote�ti�aia: "�"he�� s�tp�lli�;r s�iall �ie itt ��ra�pl�iai7c� tvi�h ��11 �pp�ica�krle st�t7��i°ds, orc9e3•s, �r rugula�tic�tts
issu��i pum°sa�anC l� !h� nlancla�es caf t��e �'�ean Aii° .hct {42 L�.S.C. �7�(� 1�1' .�ec�.� �nd tl�e: �'ederal �✓�ter Pollutecar�
�'a��a�i°r�l Ac�t, a� ar�r�;a�ded�, ��?i3 IJ.S.C;. yti' 125� Q�e�l ,seq.j,
9 �. li�V V'(3�+�ES.
A. "]`h� �up�}�i�ed'stsa�l subn7i� su�raJ•at� i��wa�'ie;cs i¢r d�pl�icaf�; �n e��acl� �urrck��su c�r�ea� �r �ua•�El�s�;
�•elease a�et' ��zch el�livery. IiparCe�l shipi�7��is �r aielive�•ies a;n�e ��a:kh�ae°izecl by tl�e Cuty, tr ���ai�ai�e
in�ca�ce �ttusk b� sem�1 ���° c�ch slli�r�un� r,�• del�very r�r�d�.
�3. I��'o����° Ir�w[�ie+es r�wst un�cAude a nu�iqve i��uoi�c� �nt�►tt�rc�°, t�re �+t��cli�se a�•ele�° �r• �leliv�ery ot�cl�er
nu�n�re�fi rfe�cl �8�� rr�,t�ste►° a�u�eemeo�t rnnrnn�er° Nf ry(��al►�able, tMe lle�a�rtnnerot"� �'Va�te, an�1 th�.
n�na�e of fih� �1oi�►t �i ��r��;�ct ffor the Iie�aao°tmerrt. ➢rpr+t�'r�;cs shall �ae utetruized and trat�spv�'lt�k'[vn
RF�' S115
char�cs, �fai�y, sh�l1 be listed sepaa•ately. A cc�g�y �rfthe bbl� a�'laciin�; and tl�e frei�h� �vay�ii81, w@7em
���lic���e, sl�a[I be at�ached tca the invcr'i��. The S�r�rplae�°',s ar�n�e, �•ema�t�n��; a��1a°�s� ar��i, i1' �ip�ki�ablc, khe �ax
id�nti�t7�ai�ecr� numbe�r e,a7 the inve�ic�e mt��i�t �:��ctly rnat�k7 �he int��•rnaticr�l in the 'V�r�c�r�x-'�s a•�;gistrat3�� ���ith tt�� ��ty.
TJmles�s �t�ier�wvlse �nst�•uct�ed i�� wm•i�ing, the �City rr��y i•eEy �7rt lhe a'a:�nitrt�tt��e ;����'us�� �pccil�i��d an the Suppl'iea•'�
ir�v�rice.
�:. Invcr�ces far 1����� shall incl�de a�cepy �,�' all ti��-slteuls rv�ah t�'s�t1�: l�abr�r rr��c; �snc$ r��;lavci•ab{es �rd�r nu�rr�����
c�lear`ly id�e��litie�d. Ir�v��ces� shall ��ls��� i��ltac��: � tabula�[ar� �f ti�vrrk-f�aurs �t th� a�a�}�r�r�pr4a#e ra%�s� �nd grcrup�;c�'' by
�unr�C �arde�° ��utnh�r„ Ti�ne hrilled I'ot• lat�cr�` sh�ll bc lir�itcd ia k�ours �ctually �wc,s�kecl at rtl3e w�c,rk sit�..
1�. LJ�tles�s �tht;rwisw ere��'cssly a��tl�r��i°ized mn the C�n€ra��t, t�7�e S���ppl¢e�C° shal) p��ss t9�ro��'h a1�
Subc�,ntrac� and �t6�er� a�u4l�car�f��l ex�€;�tses cuR a�t�aa4 cost �vith�ut maa•kti�.
�. Fed�raC axcise Caace�, ���at� iaxe�„ o�' City s�lcs �a�es� an��t mcrt 'tae i�ncl��d�� �iy7 il��e sn�^a�ced a�r¢��un�.
Tlte C;uty tiwitll tuR`�ti�k� a ta� c�ca�tpt�crn c�er-tit3�ate �r�oz� ��eq�r���.
93. PA'h'INIGI�T�
rh. r"kll ��i�c7�er ar�vcrRC!�s �eed tcr t�c se�it a� f+'��cco�u�nts f�ay�able. �lppg•o���� �nv�ices tnri0l h��e p��'id wi�l�in Cf�i��ty (3�;
ca8eridan� c9rtys �sf tE�e Caty's rece��,t caf' thu �9�:�ive�•a�tes �rr �rt` th� mnvt�ice bein� ecceivc� ii� .Aceca�trRs �aya�le.
whic�hever° is latien•.
C3. [i ��a�ymcrat is nat tin�ely ktort�l�, (�c�° pa�i•�g�~�ph �h�; imteres� slflall a�cc►•e�u� on tlze �ct�a�u� b�la�lc� :�k
k�� lessei� a�rf tRr�: ��atc s�eci��ied! �� Texa� �arv�ca°��m�nr��� �o�'e 5ectda�rw �22S�.a25 �� Shc m�xirm�urm
I�rvffhu0 a`atc; exce�at, if E�ayrcr�eoet is ��cat kitnely rn�t�i+� fo�' a a'c�smn �°or �vhicB► the �iCy n�;�y wikl�ltio�el
��yment h+ere�a�ncle�°, v�r�a��•e�st s�ra�dl irmk �c��°r►e tn�7ti0 ten (.��) calen�ar e��ys� affte�° t�tie �e�rou�ds iai•
�v�t�'rh�r��t�ang prayr�rcQit h�ve b�ee�e e�esoQvec�.
C. 1��F �ad�tial sl��pme��7l�� t��' �I�;I�vca��ies are auiff��u�ire�1 by� the� �.iCy, t��e Sup]�lie;r rvill be pa�d fa�r tYie p�a��Cial
shi}�rrs4mt ai� de�i:ve�•y, �s s�ated ��b�v�, pi°c�vide�l khat t��e ia�ve�i�e matcl�es 6hc stiupn�en� c�r delive�°y.
I). "1"hc �;�fly tn�g� wr�tl�kao�ci rar set ofi'rthe enRerc �rayine�bt nr ��trl t�t'����y �aym�i�� ot�iea�w��� ���e; the.
SiA�plier tc� s�c0� exCet7t t�s rn�y tae �eces����y ran �cccr�int �c�rf:
i. �ielavea`y �t"�ef�cti�^e crr nc�ri-cc�nt�rrar�����? d�elti��e�'al�lc��s t�y the ��ppli�e�r';
ii, t�i��� p��'ty e��ar��a, wvh�ich �re nc�i �ow�i���l t�y ll���;� ix�s��r�nc�e �whic�h lhe S���li��- es requ'sred [t�
pra�„md�e, a�'e ki6wd or s�easr�3la�bl� ��vid��ruc� i�adicali��� pr�baale iilari� of s�ach �clai�7s;
iii. I:t�il�ar•c: of the'��}�plier ��r pay Suheantt`�cl�ri°s, or° fcrr labt7r, rna��i�ia�� c�u� eqa�i�at�n�ttt;
pv. tlama�c to khe pr�iperky c�f the C:iCy o�' �hL Ciiy�'s a�errisa �c�tplrryees c�r su}��aliers, which is n�at
c��veced by �nsur�anc�c r��quei°ecl tc� ��t� prravided by th�; Sup�li�er;
v. u'�;�sc�r�able evi��nce that the :��}�pli�r's u�rli�afi�ans �viltl ncrf bc cot�a��et�si �vitN�ita l�te ii¢�te
�p�cified ii3 t�e C"c�tttrritit, and that �I�� un}�and balar�ce ��c,t�l�i n�t be aclequate lcA cooFui° ttctual c,a�
la�uid�k�tl tl�rn��a�es fcar the at��i�ipat��3 del�y;
��i. failu���; a�f' the� Sa��a�r�iec t�a sra�smet �aa�cr�ea• inv�auces ��vi%]ro �rua�chasu carc��r nu�mbee, ��dt�7 aCl ���e�uir'c��i
1f�achmen�� ar�d su�rp�rrtan�
�i�cia�7i�i7Qatic�¢�, c�a.
vii, tailLire crf the Su�pl�ei' �� ccam�ly �.�Ht� any matei°ia0 �rrt7visde�n uf the C�rrti��:ct �7�� �am��emts.
�;. i�lca��c� is her�ahy �;ivice� th�t �0�y �tint��t�a��d �kr�t ��fro�� �;s �t� acs'c�a�'s t�a ��f�e C"�ty �af I��a�t�n ��'o�• delingu�ttQ C�x�s, t�7e G�it}r
nr�y c�ffset ir7del�k�c{n�°ss c��.ved lhe Cify �hr�ru�E1 �a�yt�enl w�^itht7�r�dtn�,
F. Pay¢ra�a�t will b� rn�td�; t�y e;l��ek t�eiless l�t� �arki�:s mt���aally �t�����; to �aay�r�ent �iy c�`eciit c;aa�c1 or elecl��cronic trrai�s�'e�'
nt' funtls. '['hc �4u}�E71ie�� a�a•�;css tirat the�'e sl��al� b�e rnr� adt�mt'rt7i��l �l��a°�es, stm�°c��at'g�s, u�' �cnaltaes tea t�c Cit�,r 1q�•
�ayc7��nts i7��t�ie by cret�it cac•r1 c�i° cicc�c�iaic �ut7tils ta`z�ns#ci•.
Cr, '1'h�; ativar�li¢rg r��� �;4rngunua�i�sn t�f ih�s crantraat is �#epena�cnt upern t6�� ����i��9��lit�f c�f' furrdi���. "8'�re C;ity's �i�aytt�e�tt
r�l�lu��ti�,r��� �are pay�tblv �on[y� a;nd sult�ly fa�am fu���s A���.��ai.�i�te�d �r�d av�il�tblc far t}1is� c�r�it�cK. "1'dle ��se��t;�: of
,�p�rapriat�d car rat�lc�° la�,�+fr�lly av�i6z�ir1�; fimnds sh�l� reu��cr �t��h�� �;�nGti���;� �u19 a��d vc�id �� the ext�ur�t f�iiads� ar�u ipc�t
.�ppi•��rriate� c�m- avadlabl� at7d ��y deliv�a�a�ales c�s�l�ver�d hut ux�paie� sha➢I be re�t�ar•ned �a t}��;� SLip�aliet�. Tl�e �ity s��61
�p���,vid� k'h� Suppla�• �vt�iti�n notic:e r�lt�he 1'arl�ur� �af�hc �ity^ Ccr rn�kc� �n a�d�quat�; Ap��ropri�tirarr �fcrg a��y tis���l y�a�• L�
�a�y tFre �tnc�unts due aittir3er t17u �C�rrtr�ct, ar 1���: r�;��iu���a�n �,f �at�y Ap�ar�ap�•iatinn tc� a�r� a�naunt i¢�s�afficierr� tcro peri�ii�.
the C.�ily 'l� pay it:s �rl�li�,�a6i�trs ue�r�er tll� +Ca�rn�r�tat. ln �the �ve�t� �t" e�a�e�e am� inacfle�e�tA�te a��pi°crpr��m�ie�a� al� f"ur�ds, there
tvil� be anc� pea��lty rraa' t'erm7�v�a1 fces chaa��ec� to the �;�t}r.
I4. 7"12A'V�L i,:?�PEYV�E.S. A,al te�avel, leadgin� �in�1 �rer cf�erro e;�pea�s�;s in ccannec�'r�� r�^i0.1r ttre �'�ntr�ct sfroadl bc �aid
L�y �hc; S�ap}aliei�, u�rless �thei°xvise s�at�c� ia1 thc �na�ta•ac� l�rma.
IS. FI�+IAL P.4Y[Vi�'NT AI�D G'I.<f�S�-Q��T:
I�FP' 5115
A. If � I�13E:/I�'�BB/�N`I3➢: Pra�ra�n k'lar� is a�reesi ��a ��7d the 5��aplfle� has ic�€;ntitied Suk�cc�stt�•act�rs, khc ����}�l��;r is
re�ari�°e�t tc� �ubmil a C�antc°�u� �C'l�rse-Caa�t �'IBF_,1W13E �catr�plie�n�e RepcarQ ka th� 1'�r'c{�ay�r�� M�na�eu� no 3�tet' t}tan tl�e
�;5�t� c��(c��d�r d�y� a#�e�� cc��tapla�i�a� e��all ��i°k und�r t'Pte ��n�r�ct. �`ar�at p�yrr3�n&, r�;�ai�age„ c�r ��r�h rnay la� ww"rth9�eld.
if the S�pplier �is nat ii� crrt�t�li�r�c�� ��rit�h �.he� rcyu�re�ro�e�tt� �ts �accep�e� by t��� �CiEy.
B. 'T�te makuim� a:r�d �eceptar��;u c�f fina:l ptiyrncnt ��^ill u�nstitiute:
a. ��,w�aiver �f �ll cl�irtros by th� City �ga�nst ihe :�u�p'lacr, exc���r1t claints (l� e�hi�;h h�ave he�¢t previot�siy
as�s��•iecl in wr'i•itirrg anci ��at �re�t s�tticd, �'2) �r`is�n� fi�orni d����ct�ve ruark a(�p���•�n� af�e�• fina� insp��ti�ra�, (:i� ae•isir��
tcorn f�ilur� �f �h� �uppliec ta aotnply �itl� kl�� �C'ontr�cl ar �he ��ee•ms ra�f any ���b•ranty s��c'iE���ec� hcrei��, (�R�� a�•isit��
�mrr� the St�@��lieu''� ca�ntinuEib� abligaCi�t�s unde�� t�r� C�a�tm�ac�, at�cluc�ir�� b�ut n�t l�n3ited wet 'inde�t�a7id�y and �v�a'a'�a�iy
ahlagalio��y, a�• (S) ar°iso�ng t�nd�r the Cily's rugCn�t dQ �au�c�it; �a�c� i`s. a waive�° �f aCl t�lai�ns� k�y t�t�; S�wg�pli�r ag�ain;�t t���
�:Edy ��h��° thari G1t�sse }�d°��vi�e�s�y asserHe�[ in ww�ritin� anc� nUt yeC s�eltl�^d.
l6. ��'�(:�A,1, TIDCiL,S �ic T�S'1' Gf,�U[P➢Wfl+�i'�T: di the �ai'�ce :staiec7 �+m #he (�fl"�a� a�ac�ll�des tli�; ��st c�f at�y sp�ci�l
t��lin� aa' ��pecial ��s�t ca�ua}���c�t�t fa'6ric�ated �ar re�q�ired by t�e� �a�pplie�r f"c�r �lhe �ua•pc�s� of �alli�g il�tis rard�c, such
.��c�ial t���lin,g �qu�}�rn�cnt aracP atay �e-a�cess �Pieck�� r•�1��„�i the�a•�tn� �ha91 b�ca�7�e t�u p�i•ra�ei��y �f'Yhe� �C�ity �ncH ��r�'ll be
ide�rt�il��ied by t@�e S�ppliee� as s��ic�7.
17. I�1C1�IT 7"4) .41C�fi�T"T:
r�.. The�� �`ity ;�h�ll have Cla� ��ight 'tc� a�dit an� �rm�uke c���ius of rthe bac�ksa �•�cc�rds ��e�c7 crara�pre��t�fiairs p��'ta�ning ts� t@7e
�on�h�act. Tl��;� '�u�,�r4ier she�l ret�nin s�uc'h b��aks, i°er:t��'�s, d�c«m�nc��rts an�l �athcr �v�d'ence pe�rt�it�'it�� txa the �C:on�rac��t
peris�cl ��nd five y�;�rs tla�c•caftei°, �xcepk i�"aii ��idi:t is i�t �r�g��ess rrr ai�dii lbrtdin�s �e-e yc� u¢�re�c7l+,�cc1, ip7 tvhach ��su
r�ccar�ls sh�l� be kcpE tamtil aNl ��a�it t�slcs �ar� �;�aanplet�d and i�esc�Cv��i. `�'hesc b�a�'ks, rc���rd�� r�a��ia�7�eruts� �armd �t9�a;a'
��ride�r��; sla�1P 1�� availaUlc, r�vit�un ten �l�l) busuness cl��ys crf xvt•ittcn 0•ec�u�sl, T^�rther, �h� S�t�p�i�r slla@1 ��Isc� rec7�tmre
�ll �ub�;c�n�rac�t�ai's, m�4erial �ta�}al`m�;i-s, and eatl�er }�aye�,� ti€� i•eRai¢r all k�c�oks, ��cc�r�Js, �fcacuia�e��ls �nd ea@h�r evidence
pei�tabmm�� tt� th�e C�rurt�•aet, �a��� t� a11o�,� t�e C�t�y stmi���- ac�:�s�s trr �Gf�o�s� d�reuments. .�,11 k��o'ks and a���ccor�ls uvill be
rnacl�; �vai�;�@ai'u 3n�'rthit7 a 5[J� nailc r�dius r�f the Cily �t aentir�n. T9�� tic�st of the ��a�iR jvil9 �e 6oc�n� l�y #he City �nle�s
the �iudat �•ev�als an aavea°p�yr�en� ca1" ��'✓o oi° �s�eattir. Tf'an �au�er}�aymu«� caf 0°/a s�r� �;1°eaCer ��curs, �I�c r�a�op��ble c�as�
ml" thc ���c��t, �in�clt�ding �rny t�•�vel ca�ts, �nu�t b� 'bc��rne by th�; Supp�l�e�• wl�rch ia�ust l�e payabl� wikl�itt tive (5�)
���sir��ss t�ays �f �•e�cetpt ��'an �nvc�ice.
i3. Failtar�e to c��a�n�ply t�rikh i��e prr�wision� of tl�is s��;ti�cr �ha�l f��e ��m�k�ri�l k��'c�ich t��6 the Cc�ra��'�at arrd ��i�l�
c�airslitute, �n tl�e C�i��+'s scrle �'i�s��;a�c�tica�m �ro��r�d�s l�r fern7�a��t.ie,� tlbere��. E�c��t e�f t�� t�a�rn�s "bp�ks", `<eec�s�rds",
�`da���.ira��n�s', an� "c�fi��:�• evia��;i��e", as used ahs�v�c, �1�a11 k�c cc��7st�aic:c� tc� incl���; clraf�s arad �let;l�`c�nic file�, eti�ett if
such �r��ts r�r elecRrore�d� ��I�s �a•� �s�bs�e�uertt6� �s��d t� g�e�r�er�tt� �,e p���p�ab�� a furma� �t'ia�ted d��rc��a7te�a��
18. S�UB��1"d`I'it,ACTaI�S:
,4. lf ���� ��ppliea� i�iwnt�fie��d S'a�bcrankrt�ck�a°s in �i D�EJP'�I�L:/`v�✓�§1; a�reed drr b�la��7, tlae S��a�rpli�ez� sh�a19 cnr�7��y tn�ith �iEl
rcq�ie•�n-rc��ts a��t'�we�i l�y the C�ty. The Su�plier �'�al� ¢��t iriik��lly entpE�y ai7y S!ub�;onta�au�aa• ercept �s �c�����.icd in
tl7c 4u��licr's €�i'Gtat. T'k�e .Sup�aliet° sha�l �7�a� sub�titult; aray Subc;r�ntrac��a' '[c�cnti�i�:c� in the I'1Gtr¢, �r�l�ss the sul�stit�te
�as l��er� acc��ptec�� �i�y the Csily iru �v��i�li�g. Tria� �c�G��;pt�a��;�; b�� th� Cily crof ar�y S�.�bc�rntt°��c�f�sar shatll ��nskitta�� x u�aive�' c�
ar�y �•ights �ror s�etn�;ciies ��I'the �ily 3vi�h u°espect tcr dcf�;ct:ive r;�c&iverak�lus �r�vider� �}� � Subcanta•ac�rcaa°. If a i'lan has
b�en �a}�pi°c�ved, �he Su�plFei° �s ��Bclikti�r���ly ree��iie•ed tcr su6miz a nsonth➢y S�abcni�t[`��;t Aw�g•�i's a�d E;;�r:r�rlitur�s
Repc�eR Qc,1k��: Fyi�ocurcmen@ 6+.^'C�nager, rt�ro ��mCet' tk�an t�ie tent�r caler��l�a• d�y s�@' cr�n�ch �i��n,t}�,
B. Woi•�r }�et'f'rarmed tor• the ��a�plxc;d• by a Sul��°onk��a�t��° shall L� p�i•suant t� �u r�vri�t�ii cc�rria��act �aettiv�et� tl�:e �,uuppliei'
arad S'ubccrntX•ac:tor•. Thc; tec•ms r��the seabca�nta'��;t ma}� n��t cc�r�fliu� �viih �l�e ler�s �ri'ti�te
C'�nti�c@, ��7d sh�°a11 cor�t��a7 prav�"rs��arus tl�at:
g, s•�;c��tare tha� a@l �3eV�iv�ca�abl�s k�r be provided lay the 5t��i��rnim•act��ar i�� p��v�id�� ic� s�ri�l �c:c��•da��ace ti+vith thc
pr�visi�ns, ;��nec�fic��itror�s a:r�� tcorrt�s �t°the C��rntt��act;
ii, pr�hibit the Siot�ca�s�trackos• frr�rn fui�tP7ey� sia����rrte�ct'i��g �ny �ortican �rf �th� C�r�a�ta•act �vith���at Chu �r�crr
wvitit�en cr��se�it of` the C;ity ancl thc Supptaea•. Th� !�i�y rt�ay reqaiiu•�, as ���ncl'at1�n i� su�:lt furtlroec• siabctan��'actirrg,
Qktat ihe Suf�cc�nt����tcan• pc�st a p�yr¢�ent bo�nd in fi�r�n�, �ub�st�u�ac �a�d �dnrau�t ��cc��;pt�ble� to thc (;Bty„
o�r. �'ec�ulrc �teh�;cantracir,�r-s tcr �ubr�7it a�l inur7ic�s ���s� �p�l��:�Ricans 1`or paynrents, incluclin� any c;pttdms l�ar
Gt�d�icar�al paytittents, dama�;es �ar �ther�visc, tca ait�: Sia�a�rli�a• ii� sufla�;ier�C t�it7e t� ei�3k�l� thu �a�ppl'a�r tc� inc8t�r�c s�i�r�
wsih �ts iriv��ic:e a�• a'p�GcaRp�ron fc�a• payme�nt ta� 2}�e ("aty [n accert`dan�c�e ���t9� the tea�r,��s c�f th�; �;c�ru�r�et;
iv. rcqui��� th�i all 5t�k�t�re�trac@ars c�htairn �n�i a���ird�aim, Qlroa��au�h�ut tP�e t�t�r� �E lhe�r c�anta•acf„ i:nsa�rancc cn
the t}�pc and amc�uim4s sp�cieer� fai° t�te 5upplp�.r, ��,�ith �1��. C`ity beit�g a na�troecl insure�➢ �s its iinter'est sh�l] a�E�car; an�l
v. requia�� �ha�t the ��ib�;c�r��caat�r ia�detmnif'y� arrd }Y�atd t:he C�ty� ��a�•intless tc, ��� sanle c�te���a �ts the S�ap�Plie��• is
r•e�ttiit'c;c1 tca'snd�;¢��nily the C;ity.
TZ�P51�5
(:. °I'he Sup}�lier sh�ll I�e tiully respc�nsibC� to tlre �;aty Ccar aNl ��:ts �Gn�l �aanissNOns crf th� S�:h�t�a�tra�;t�ar� jtii�t as the.
5ta�apl�i�r �is� u��spc�ns�i�role �1���- th� �,'�p�rli��r's taw�� �acis anc& r�enissi��ros. T�9n#��ia�g �in t�he Ca�a�t�°a�k sh�all Gre,at�e �fb�° t'he ��nefit
�rof ae7y s�a�;E'� �ula�antraett�r any ec�nto`�cttxal a•elatia�rlship �et�veen th� Caty ac�c� �tiy s�ich Subcaa�trac�c,r•, t��t' sl�al� it
c�•���t� a�7y crt�lig��t��rr �rn Ch� pat't �,I'� LRt�: C'ity ��a p�y nr te, see ta t�e p�tyr���nt �f ar�y rxr�n�e�y5 c�t�� ��y ��c�h
Su�rc�anrto•�ctae• exce�rt as m�y othet`��is�e l�� r•�:quire�i 6y fl��v.
L7. '1�9�� Suppli�r shal� p�y e��h 5t¢bcc�ntr�ctc�r its appr�p��ia�te �h�t�e ��f p�y�rs�;�lts c�v�d� �� the �u�}��a�i��' t��t l�ater �han
t�n (1 �� u�le�ttd�a�' r�ays after d°e���ee�pt �,f payrnent �l�r�r�n �h� �'ity.
19. '1,�v'ARRANTY-�it�C�:
!y. Th� �Si�p�li�r� �varr�n��� the pr�c�s €�ua�t�ed i�7 �tf�c Oft��� a�-� i�o �ti�l�et' tl��r� th�, �aipp�ier'� c�a•r�;nt peices c��n ���°s�ce•s �ay
erthej•s for 1'ak� c1�:lmvcrables unr�er sirrri�'ar te�•ms caf' pui°ch�se.
B. The S���rli�er c�;�-tities l'I�al dhe pra�es tln the ��f%�� l��v�: f��un ard-ive� at �n�t�e�s�ric3���ily w�i�h�ut c�ernst�lt�at�i�rn,
cam�r��rnic��ti��t, oo. �g�i�.�ement C'�,e� tE�� �ro�a�•��as�e �rf re�st'ric�l�in� �,c�m�eti�ia«, �s �a ��rry 3�ialler m�la�tin� t�� s�ach fe�s rhrit��.
�u-��� c�the�' tirsr� �r with ��ny �,�i�7p�tit�u�a•.
C.. I�r adc�ilitai� rt� an�r esklier rem��y avaulabl�, rthe C'rty ar��ty cicciG�ct fi°�a�n ai7y �Ano�snts ��ved �ca tl?e :�u[��aBici-, c,r
�rth�i�wrvise rccav��r, �ny atmaa�irri� �paic� fi�r �4e�ra7s in �x�;ess of the ������SJi.��''s� ��a�-r�rrt prices o�r car�i�;b��� by �t�t�ers It�r li�C�
�leliver�b��s under sira�`slat• �c:rn�s of yr��a•c��se.
20. WARRA�,°TY —"l"I'I'I.[!:: T�e Su�}�lici° ��°a:i°eaarts �l�at it has �crod ��t1 mn�e��:a�it�lc; title tc� a�l cl�liv�i•�b�es
furni�;hed ur�der the �ti��tt�°��c�, and thal tht; delavci•a131e� ar°� fa`c� a�7d c�e�r crf'��16 IiGr�s, �lanms, sec�ap'ity irc�te��ests ar7�
ea�cu�rnb�����1�;cs, The� Sup�l'rer s�hmall ��nd��e�nal���y and hc�ld th� �ity� ���ttd•mtess 1�ob�m an� ���ins� all ac�����se; �mt1e c3�irr�s t��r
th�� d�elivcrablec.
21. WAF�C,[�At'v�'1"1' — DEL�'V�ff2AIiLES: T�re 5u�p�icr ti�rarrants an�1 a°cpi•esends that all c��➢ivea��bles sc�ld the Ctty
�uradc�r th�e Ca�rr�t'act �hal] b�� f�i�ee fr�m ��:fects ��t dcsi�n, �'�tr�rknroan�hap �r m�art�kt�u�ur��„ �and �ca�foa��m irn ald ia7ate�'i�f
res�ects t� [he sp�cificalic�t�s, dravwun�s, att�l tiesca�ipti�ins in t&7c 5�(icit��ican, f� �rr�y s�m�ies P�rnis4�red fl�y tl�e
Sr�p��i�e, t�r Gl�e �c��rm��, c��v�n�ntts �rrcV cc�i�udi�i�tt�s of tl�e C;ar�kr�ct, aitd t� all a��dicable �t�te, Fed�ral om• I��l ��atiws,
r�ules, �a�� re,�ul�ii�r�s„ and ira�I��sf�ry c�des �e�c� siandard�s. ZJnl�ss �therc�rise�� slm'1�i3 in t�e S��d�ic�i�atic�n, th� delia��'�tbY�es
s�l�all b� ne�' ar �'�:cyc�e�i rr���-c&����cEise, aiqd �c�t us�d �r �-econdi����arned.
A. C�ecy�lecl �eliverables sl�all be ele�d'ly i�lcnkifieci �s s����7.
B. The Supp9icr may n�� lira7ot, �;��a��de �r desclaim�� lh� �"��•e��ira� w�a'�'arm�y e,r• ��y evar����arrty im�alse�$ l�y� la�ry�, an�t ar�y
at'te�n�at t�a d� s� s��19 b� wit}����t l:�tr�c� oa' ef%ct.
G. �dn[e�� c�kher�vise s�uciiscc� �x� ihe �c�nt�ac�, tl�e wv�rri°anty �r�a��c�� shal� t�e nt least anc ye�a�° 61•ur�t thc da&e �rf
ac�c�c�tanc� r�f'th�� de��iv��°�m���s c�r f"r�n�� �I��: date c�f acce�pt�nce �af any� N'eplac�ear�ent delivet°��l�s. If's��ri��� thw �,���ra�ty
pegy�ia�1, �anc �ar• r�caa�� �f'td7e at��nv� tv��rran�ies ar� brcaiched, t}te Sai��o-�i�r ;shall ��rorn�a��gr ¢�pnn receipt �f� clem�;a��3 �ikl�er•
rep��it' th� n�ar�-�r��r�f�arrr�arug dvliv�,ra6les, ot� r�pl���e t��e r���n-c���for•a7�ing d�'�i�,aerable��s rvith �ul�y caraf�c��r�ing
t�!�livc�rables, al� thc �iCy"s W�[���crn �and �C n� addiC:i�anal co�s�t to t��e Caly. All cc�st�� inc,actct��al to 4tuch e�paii• crr'
repl�e�incu�t, ir�cl�acli�g hut n��t lim�ted tt�, dny packa�ixt� at��i shipping cc�stti shall h� bcra'�nc r;;cclusively by tl��:
Su�pli�'�'. 'I"l�e Gity sNr�l➢ endeava��° kc� �ive �he S�applier w'C'ilAen nra�tic�e c�f tl�e br��c�ch t��f r,r�are���rty �vatfilin thirty �(30)
�:aGe�d�u• d�ys �f di�cr�v�ry �rf the ��eac�1 �f ware��nty„ ba�t faila�r•e �o �;iv�; tiinePy �a��i�:e sha�t i�ot irnpa�r t�e �;i¢y's
e`ights �m�i�r• th�s sectuc��.
Ia, If tih�; Sta�a�l�e�' as �aa�ab�ie �ra�� m����i�lar�g fl�a rup�'ir �ar r•��p'lac�; defe�t�v'e o�` nti7n-c�rnfbronu�rog d�lavc�rabl�s �s t't�r���i�•ed 'l�y
t&��;� City, �he�� in �d�itio�i ti�a �ny c�th�e�' a��ailab8e @7ern��y, t�ie �ity m��y i•c�uee �lae t�uan�iky �rof'delive�'al�l�:s di r�ia,y �re;
re��uirc�€3 to �rta�t°�c��se u�rid�e�• kl�� Cc�r�tt`a�:t gi'�i�1 t13e S�a�spliee•, a��d �tru•c��ase ca��afo�c�r��in� �c@i��m•�ab�es ti°c�rr� crth�r
s�at�rce�:s. ➢t� such evern�, tl�e Su���licr shaCl pay ir� �hc, �ity �tpc��t dcr��and t�7e incr�a�sa�r� cr�st, ���` �t�y, mncti��•red 'by the
Gmty t�o pracua•e ��ch� �1c;Jav�rab�Ies t�¢'vrra �s�okhei° s��a�.u•ce�.
E. Of 1��: S�v�rp(0eti� as nc�t the ��at�ufactiurei°, and ti�e deliv�M'ablcs �re ctrovev��;�l by a se�aarat� raK�nuf°ac4t�r�r•'s o�v�rrac�:ty>
thc Suppl��ier sh�iCl tran�da�� k�nd �s,�ign suc� n�a�ufa�tur�cr'S �v�ar��-�rrty ke� the t;�ty. 6I''(�r�r �at�y rease��i �kre mar���f"ac�tre��•�;e, ;�
��^ar�•�ant�yr carrn�at be� Ji�lly trarrsfer•ced t�r �t.fqe Cuty, thc^ 'Su�r�rli�r sha�l �ssist and �cs��a�urat�e tin�itl� th� Ci��y ta tl�e I'tt0tlest
�:xt�a�t tca e�r�f��rce s�Geh a�t�nufact�rei�'� ��ra�°i°anl�y t�<rt' tl�c ber���i't e�f xl�� C rty.
22. W,f1,I�,��,ANT`` — ��RVICG�: '�"he ','�u}��alie�' �uar�•�nt:s �n�i rc;pi°csents �l�a� 4�11 ��,g•vices Ic� t�� ��rc��+ided �lae C;i�y
uimcier t�7e �'�rnt�°act �vill be 9ialiy and �im�:ly per�`tarme�E ir� � g��ad �ns� �uvrkrrrai7like tnann�e° ir� ace�rt'cl�tncc wi:�h
g��nera�ly �c��ptu�� ir��[�is�ry ��t�ar�c�ar•ds �nc� paracti�es� t}�7v ���•r�7s, c�a7�6i'lit�ny, ar�d �ca�,ren�u�t�s �f �tl��e �t�n4�`�c:t, ��7� a�l
ap�plica�le l�"�:de�•�l, �tat� ar�cl la�a� I�w�s, r�t�es �rt-i��c��il��Cicr�vs.
.<1. `1"�7e Sup�tlicr m�y no� Iminit, ex�8ucic taa• diselai�it the fca�'egtaisr� wvara•t�aity c�r a:ray ln�as•ran�Y �tt�pli�;�1 by ���v, �n�6 ar�y
at�eisi}�E Q�b c�r� srr ��tall b� evi�l�au�t fc�rce �r eE!'e��.
TZF`i� 511 �
l�. 19�,lcss ath�;rv,rss�; s�ec�l�a�eci ��r tire �cro�tr�c�l, lhe �arra�ral� peri��d shall l�� at �east �,ne ye�ar° fa•��ri the Ehcce�at��nc�e
I���ae. TP�c��r�ng �l�e w�a•ra.r�Ry ��ric��, �rrnc ar m�re c�1°fh� a�ba�v� krrarra¢Yti�s ��re V�a•e��cMe�, khe Supp'liea� �shad'I pr�rrrrptly
�ux7c�r� t•eceip¢ �f des7�am�c6 pei°f����m the scrvices a�ailY ira accr�rci�nas; with �brav� sda«�l���d �t nt� a�9cii4ar�raa& �;tas� t� l�rc;
Ciby. AG1 ca�s�s ia�cidem�:tal ta such �dditiar�al �erEag°rm-iam��c s@�all I�e borne 8ay th� S�a�pliec�. `I"l�e City �h�all un�ic�vc�u� tc�
�ive th� Su}��alier wr�tte�r �-��aQ�ce �f Rhe ��°each erf w�ar•i°ar�� ��uth'un �hi��ty (3�3� o�lendar• d�jys r�f discc�vcry �af"tha� brcach
t��rr'an:ly, t�ut f�iltu�e t� gave �irr�ely natice shall nc�t 'iinpaar the ��ty's s�i�h�s unr��;c° th�s scck��n.
C. lt thu Sup��ie�� is i����k��Ee ��� �rn�v�il9in� t� ��rk�rr�� i0� s�rvi��es in �a��ec�rd�a��� v++�bh tf�� �hcrve sta��cEarcl a� ��eq��ire�d (�y
the City, t��;n it7 a�'c1it.�can ta any c�the�° avail�h6e u°en��dy, the City mray rec�uce �{7e a����rnt e,f servic;es i� �nagf �re
r�;r�uurc�# tcr ��n•�;9asas�u �w�r�$'�:r° tl�e ���r��r�t�:t to•ra[�� t�t�; 5�iw(�I��r, ac�r� p��i'�:hase ca��fc�rrt�in� sc;t-vit;�s ku's�m a�th�i• s�rurcus. Grr
s�mcl� �ve�rl, t�r� S��r}�1���° sh�lli �a��y �a Ch�e City u��r� �e��a��ci th� ir�cr-ea�ecY cc�st, i�'an'Y, in�r�rr��9 l�y i��� City lc� pr�rcur�
s���h s��rvic�s fi�c�r� a���the�r sc��rc��.
2:�. A('C'�"PTANC:C C?I+ IN[:'(?9w1Pl.�TC (J�R 1`+IQ]��1-C(]IVF4�RMINC �ELIV�R,�I3LC�: Of; instea�l cuf'r�q�air�un�
irrrar�edi��e c�rr�°�ctic�r� �>r� r�i�r�va@ ar�d �•cplacen��n� �f de�f����ve br n��i, conf`c�r�7urv�� �eliwerabl��„ �f�e C�ty p7�cf��;��s t�w
�c�ep1' it, �}r� Ci�ty� n��y �� s�a. T'he �u�pl'iwm' ����ll p��� �11 clairr�s, aasts„ lca�se;s and d�a7iag�es att���ibuk�l��e l�a lhe C��ty's
�va�lu�aiic�a7 �f and d�;Cermirt��4�i�an to a�ccep�' suc�h de�fea�tive t�r �tt7�t�-c:a�t��ad'n�tiot� c�clawcrable�s. lf ar�v such �cc�ptan�e
trc��;u��.s pr�o�r ta fina� p��y�menR, �tlie Ci�ty �i�aV deduul, su�Rt �tm�a�anfis� as a�-e ilec�s�ary fica c�rmpea�s��te tk7e Cily �'�a� kl��
d�r�i�7�shr��G value of �the defe�ctive ar �7ar7-�t>rdl<a�'�t�sir�g �1�I�vcrt��lc;s. if t�re a�ce�tance �ecurs aCt�:i� finai p�yrkY�:nf, sia��;h
K��ruc�unt s�f�l6 bG m•�fune�c�d to t�he �;�ty by �'l��e S�r���plde�'.
2�. R�GH'�' Tt7 f1,SS[7�tAN�C�: Wh�¢�cver ane ��a•ty lcr t&�e ��jmit-acl im �cac�d f�itl� has ��e�sc�n t�o- yuesta�arr the ot'��a°
pa�'t�'s inde�rrC ti�� �erf�rtrt, �l�;�rat�nc{ �nay 6e anade ic�� the �ther party �1'r��� �v�•it�t�a� �sstarance �f the irrtent lo pe¢'0e��`ttr. Qm.
the e�rent tliat ��n assut°�nce �� �i�rcn �vitfl�ir� t�e tin�e specaEie� a6t�r° �ic;rr��ind is ra��de, ti7� �ectz�r�dit�� }��a-ty r���y t�•c�a�
this fa�l�ui°� as an antiei�at��'}� t'cpucii�tiora of the Ct��7ti�acQ.
25. S'T(lP W�ItI� N�3T�(;�: 1f"lre Ciiy inay issue ttr7 inamedrate st�a� W'tyrk �9a��ic� irt th� cvr:nt �he :�ti}�pl'r�r a�
�a�s�er��er� p�e�rl"�rr�i�t�; in a ar��c�rre�• t@7�at �i� un via�9at�t��i ra�f' 6�c�d�ca°�nl, StaR�e�,, tur l��al �uwd��i�te;s, or i�n �� a��anaier t��t is
d�t�a•tt-�i�7ed �y tlr�� �aty t�� be �i¢�safe �o ei�h�r Cife oi° �r•�a}�ert�y. �Jpadi rrati�li��'ti�n, tlie �upplic�r ��ri[I cease a�l �d��rl�
urnfdl t�otiti�d by kl�e C;aty ��haG U't� vicrl���iar� ar urrs�fe c�i�c�i�i�an f�as �aen �ar�•e�ct���l. The StG���li�t' ��f�a91 be �iable 1`or �81
c�:�ts i��e«r�°ecl l�y lkte CiO,y �s �� u•es�alk �nfthe �ss�raracc c��'saa�;h �;tt��r Wtaa�k �l�ali�:t;.
2u�. �'F"I+ti9JL�T: Th�e� Su�apl's�r �h�al8 1��;� ��7 defatalt rii�d�a• �6lte Cr���irnot if kl�� �u}��rine�r (a) P��iQs �� fi�lly, �tu-�ely ar�tl
fa�t�l���lly p�:t'f�a'n^� at�y of �it� nxak�rial crLl'u��atiraa�,�� unde�a° �'he �ankra�;t, �b� �a�i1s �o �pe�avide� ad�q�c�t� �rss�ira�nc� ��d'
pea�i`tat'tt7ance un�ier �'�c��graph 24�, (c} 'ber„�rro�� ii7s�crlv�s�t oi• se��eks �`eli�f tiirndca• thc banl��•uptcy ]����s a£" �t�ic �ni�e�i
�kates c�r (d) rr��k�s a matet°ial a�m��r�p�•�semit�tfi�r� in :�up��IN��'s �f�f�e°„ o�• in ��iy a��p�rt or tic�lir�e��ahle req��i�'eci ��a b�:
sut�ra�atfe� �by th� Sup�rlier to tfae Cflty.
�7, T�[�fl4�T�I]WATICII'� �"O!2 CA�P,1�E: I�� �k�e �v��t't ot �a d��'ault i�y t��e S�a�ploe�°, thc� �'Erty sl�all }�av�� ll�e right to
tct`�rriar�mde �17e �;onkra�ct faa� �c��us�;, by rwrut#en itotice el"f'e��'Li�+� k�;�t (��}) c�.l��nda�� days, ��a�less �th�m•�vise spe����c;cl, a�ter�
ih� �ai€; �aC�s�wh r�otdc�;, undess f'he�� S�r�7p�i�c, +�vdtP�in s�cla ��ei (I �) d�ay p�;��ic�c�, ����•�s s�tcl� d�e'(�aul�, r�a' pr�arrid�s �ewid�:nc;�e
s�ul�l7cae�t� t� p�•ove t� �t�h� �i�y's Q•�:��ars�na6le satisfact�ia�n tl�at su�h �ief'�ul� dc,e� n�t, i�� fau�, e��st. �r� �dd'it�iern �a ��rry
rat�er redrt���y a�v�i�ti�@��� und�i• 9�vv t��r in e�iAUty, thL �City sl��ll be entill�cY t� r�c�ver all �a�caual �da�na,ges, w�sts, I�sses
aG��l expensas4 is��a�ri°ed by t�re City as � r��;suCt �,f ihe ��ip��i�•'�s �1cP�t�@�t, incll�cimng, witha�t�t ]o�rt��ilr�ti�e�, ccrsk: n�f c�a�v���,
i•eas�nahle ��t!c��'r��:y�' fc�s, ccrur•t cc�sts, aii�3 �rcjur��rnei�t �ncl �c,si-_ju�i��tvGnt ii��erest �t the rnaxaia��cerra lawfi�l ��ate.
A�d�itir�n�ally, i�� the evem�t t�� � r�s��f����t��t b�� �lae S�¢7��rlie�`, @lte City m�y re�r�lca�,�e the S��ppl�ie� 1"a�r�r�7 th� Cety's �+erads�R' I��s�
I'��' tht'cG (3) ycars �uncl �n}� �l�f'�:r st�brari�tecl l�y �h� �u}��liur m�iy be �I�squ�Ci(ieci ['c�a� u� t� threc (3) ye�gs. All �'i�hts
ant� rentedi�s �mrrder rthe C"otti(rawt �ar� �c���1vul�Ci�ve ��7� �p°e t�c�t c;xclia�ive �f �any atlte�r r�gh� ar �-�crnedy pr�avided l�y 1���.
2�3. 'I'�RPv11�N.h`���!��'Y WV1T�I4JI�1T" Cr�,'IGS��: 'I'17e �'ity ;s'hal] h�v� the ri�,�7t to te�•�a��nate 'th�e C:�r�t�'�u�ia in ��vhc�le �a• in
part, r���ulha�tt r�xit�c� any �nr���e �Npt�t� k��i�•ty (3i1�� ��alendar d'a,ys' priUr �writ8e�t� j-�����ce. tJ�c�n t°ec�:i�rt r�f �a nc��i�ce a��t'
�e�-croHnatioil, ihe, S�u�plie�° sh�ll �����rpptly �;�as� aCl fw•tk�er r,�Faai•k pE�m°sia�tnt �c� t�i� C�ai�tr^act„ ��i@h s�t��h �xc:��ti�n.s, if �ny,
s�ecified an th� �catice c�f tiea���tuttalirat�. 'I"�e City sh��l giaay tl�s; Saipplici°, te� the extent �t` �urt7�s �kppa•ca�arua�e�6 arm•
oth�r•tvi�se �e���l0y aM�a'iba�ak�t� for s��lti �atam-�ac�ses, ������ xll �,crods� de��r�eb'e�l ar�� survmcus p�a•f�r°r�ae�l arid a�li,gati�«s
�nc�¢�i•ed pt•it�r ir� �l�e d�lt� ot"t�rrr�itBa��criB i� ���:rarc���a;�; vuith the tee•rrr� iro�N'�,raf.
2�. I'I2AUU: 1•'r�u�lulea�t statemen�s i�y th� �;u���iet` �.�n �my �ft�r «a' in a:��y reperu-t c�t� sieliv�;i°�k�le r��eqtqir�d t� 1��.
�ubr��tk�c� �y �17� ��ap���i�r tc� fhc ��iiy shall Yre �,r'��a�nds tr��r ihe tsr3r�ina��i�rru �a1"&�7�� ��ntract far cl�ase �ry the �Cdty aiTd
�.F'h' S l l 5
¢��y r�sult� [r� I���AB �a�#e�an.
i0. [;3��.���4,`h'S:
.�. "I"h�; C`��y nlay d�lray sc��c�ulc�sa �cliwe�y m�� oth�em� due dates by �,�rriit�e�t nrroti�e �� t�te� Sup�liet' if`tlaw �iky dee,ins i� is
an i�s b��s� mntea•e�s�t. If ,s�a��i c�eCay catases a��� �nc�'�a��� i�t �hc; u��s�t �af th�; ��r�rk u�dea• the C.r�nh�act, th� Ci9y and �he
S�a�plie��r sl�all �ae��rkrale ar� �qui��l�9e a�ljusttnet�a ���' �;��sts rr�cu�'r�d by thc; ��appdi�g• in �he C�rn�r�,ct pr�ice a�r�d ex�;�cutu
an an7aet7dm�n� Ce:� th� Cranta'a�:t. 'I'hc ���a�r�licr• t�t�st asserk nts ri�Viit t� a�n adjusimterr� tivitl�irn thiety Q3Q) calendae� d�y�
£i•om th� date �if n•�ceapM. ��` lhe nc�liue ��1' �iu9�y. 9^'a�lwrc tc� a�ree on ariy ad;pusted �rice shall be I�andlccl ui��ci• the
C7mspa�te I����I�aR�t�n �c��ess s�secil�e�i in �a�'z��i';�ph �k9. lie�wvcM�c;r, a��sthin� in �his pa•�,umsiora shall �e�:cus� thc; Sii�plae��
@i•ott� clela,yfin� �k�� �i�liv�;i•y as �r�tiflce9,
B, Nei�he�^ pa�'ty �8ia18 be lialalc� fcan� any def�ult �3• del�y i�rn lhe per�ti�r�n�nc� r�1' iRs c�bligat�iai�s urmder ChSs C'a�roft`a�i if;
whitle a�� ta thc cx�cret s�ich defa�alt o�• clelay is t;au��c# f�y a�ts �f (io�, fd•e,, �•ic�ts, civil cG�t�u��,t�c��, lal�r�r• cfis,r�¢�atic�ns,
sa�ic�ta�e, s�ve�•e��tt ccan�itiiet, or ���y cathe�• ca�sa Fa�yt�nd fF7L re��t�nablc cc�rtkrc�l c�f s�rc3� ParGy. fn lNte vv�c�ft �sFcle�a�.i9t
ar ��Gay� in con�rac�C p�rl"c�rrna�rwt� ���� ko �ny �f th�e �crr•e�oi�1� cau�ses,, th�n th� ti�n�� f��° c�er�rop�eR��an o1'tihe s��rr�ir�cs� ��i(➢
b� e�t�irdec�; pr�r�.�ided, h�w��vcr, idt silch �� ewe�t, � e;�t7ffer�;r�e�L v�Wi�l bc Ei�etcl dvi�f'l�in 'Gl�t°ee Q3�� b4i�ir�ess days ta
cst�69is�7 a mutu�lly ��r�t:a�le F�cr��ci aftime reas��7al�1y ��c�;ssary trs o�rerco�ne 21ae ellf'ecl r�9'sue;kt t'�i�u¢-e ta pei-fr�ri�7.
3 8. INf9EdMT1�I"C'N: A. f)e�izt�ti�s�s:
i. "'Indea��nii€�ed CI��t��s" s��la ia�cl��de ar�� an�i a�l cl��i�tis, �1ei77an�3s, �suils,, axus�;s r�f ackiar�, .�ud�r�nenl�s �t�d
liabili�ty a9` e'��u'y ohai'acic,i•, tyPe or �es���pticar�, irnc�u�li�7g atl reas�an�l�lc: ���ts and e�p�u7ses �f' liti���tia�r,
iracduak�r�n �ar• �ther' ��li�;rc�ate dis�tate s•esc�l�tti�an r��ec�7�i7'rsm, i��c�r�tlir�� 4mktrarn�;y a�d a�f�ei• pa•t�fessi�aa�al fec�
f�crr°: �(1� dai��g�e Ca� c�a` �ass caf th� p➢°�r�aerty al'�rny �a�a•s�rr� (inc�t�ding, kvu� not lirndtec1 to the City, t�ue �upplier'„
thear re�spective a�c�ts, �frfic�rs, ean�plr�ye��s �s1d s�iR�aq�ka°€t�;t��y�'s; t�� �aff�er•�s, ��er�ts, �rr� emplayees� �i'sur�8t.
sal�c�ntra�tc�rs; �na �has•�1 par�bes); arrddat�° �2) �ieath, ��dily it�ju�°y, illn�ss, diseas�, �vero°ke.r's c�u���aen�a�ir�r�,
la�s ,af s��rvic�es„ �am' Ic��ss �rf i�nccarne �r t���gc�� to �r�y p��a����rn (itt�l�ading b�t ntrt IinniLed �lc� t9�a; a��er�ts, crf'(fct;rs
a��d employe�� �aP' the �..�ty, tl�e Su'p�iier, th� �uppGie�r�;s s�a�c�tt�i°f�tctors, �and t9�i���3 r��rto�;5), i�. "Fa�l�" sfta�l
anclude the sale a�'��f"ecti��e e,�• r��roru-�trr�ttau°rr�ing del'uveraE�l4s, n���i�ence, willd�t�l miscc�iiduct or ��ia'eac;�t �f'
any le��lly ienposed strict liab�lity stan:dai°c�.
B, �II� ��1PPL�"< �, S01ALL DCrGNI31��1•0•,1'HC+, 411'Tl(7�d C?I? "9"HN+". �'.1"I`h`�� IN�lGA1P�dii'l'� r'1fi+Pl) Hfa�,O] T9TTi� 4(:I"i°4"� �•1„S
�L�CC.GSS'C1�IxS, e1SSIGNS, O�I+�'�C'�R�S, @;�MN'1LC1]'CG�� 141�r"il L:p.T�"�'I��P} (7N1�i�IC1.'�L�� Fi,A,FCC�`�d�.,C�:S;S T�"i{iCl��v� .4r!u�7;4�Aif'+?��'�' A9.G
Il`+Ilbk,+"�r1N1i+'lEI7 4C�LAIPVIS �'1CaxE+C'I'L,Y' .MFL��i➢VG CYU"M" 4:11�, dl�d(,9CYE]`+1T'T(3�, CiQ1WCi�9tC�111'�i(;� CtiR �E5[J1.,'C'VCVG �IdC�Pvi TF�� �+��4 LPLT
oN,.,a'�r1;SdJP"P"LiER, �at�rtaL S�JPPLI�R'S.�GLN�rs, ����l.c��►�d�.��.satz,���a��xn��rr�n�'�'er�ts, 1N'[��[L
Ircn�c�Rn�n�c�<, r�r �r��� SUPPLI Clt's +a�U�r:A�►��rv�s �1�ai�L�x'rtic �c�aaTr���c"r'. I�o'i°t�t�v[: [i��,r�r� :��tn,j,L ��
�EEPuIEID T�C} GIOk�11`C `I'19� ItdGHTS O:Er.['�� �1TS' f1Qt TFIL'. ���PPLI�+ R(iltiC'�<L�DIs*ICri �3i1"1` C�'�)T L7Pe��T�di TC?4 °1"fi�
t7,C+C:II"P �{) S&�i:I� C�T�V`l„IdIl8iU�1(7�1� ,�1Gri M�!VS`i" At�dY �'��i7729) PIhQt'fl'Y` WIIf3 �41IAi' [3E LI/4.131�1+: I�iCDI� .4.I�R IN➢�MT1�I�'Qh;Lli C'LAIi'vi.
32„ Il'+d�U1t�1NCE: The Ic�llc��ti�ing insur��ce a'ec�uii•en�ec�ts �a•e �p�ti�able, i» �dci'itit�n ic� t�a: spee9fic ir�sur�nce
rea�ud�i�emenks �etzair�;c1 in �hse s�lici@�ti�� de�curr�ent. 1"he s�a�ccss$'i'S firitr sk�al� p�'�aee�a'� ar�d maantaiu� it�stu��r�c� of fll��
t�'Pes and ��7 �h�; rninin�um �rncr�tn�s a��;c�ataka�e tta [he City^ af° L7en�e,r�. T�r�. �i�sui;aerce �h�ll he �w�itdee� �y � campai�y
I�cerise� lca d� b�us�i�ress i�7 i'h� SC�tC �f7'exas �r�d s��tis#a�.t�iy tcs't�e �iCy cf I7cr�Ror�.
A. C��ncra9 �equir�mc:tads..
i. 'I`hc Sup�rli�t' sh�lC at a�-na�i��ic�n�nrs carry insuraatue i�r �hc types �a��l �rnota�iks� anr�icated �m��d agr�eu9 tc�, as�
sa�6cniltie� t� thc �C'mt}� �n�3 �pp�•c�vc:d hy the City �ry�it�lon t11e �a�c�cur��;rl��;nt pra�ess, 1E�a�• ihe tl�,ia'�ti�n c,f lhG
�'eanta•���, it��lurliuig exterr�;ir�n c�ptia��rs and hral� c�vc°r pci�icads, and r3�arin�; ar�y +,���•ra�ity pe�•it�t1.
ii, The �t�¢�plaen• sh�l3 pa•�wid� �:e�•ti�'acates c�d` ins�earn�e ti�rit�b t�e c��vcn��g��s ���� ea�dc�a's�en7�t�ia re�€g�u�ired ta
fht C�ty a� verir�akfi�� of�covea'ag� p�-ua�rtca �c�nkr�a�f cx�cut"sas� ar�� ��rit%ir� E'r�urt�°e� (d4� �al�mdai° day�s �i�er
�n�r�itten requ�st fi°on� tl7e C;ity. ��`�ili�r�e t�� �Srarric�e th�; rcqu�re� �Cet�Cific:akc� �f InSUi°�nc�e may sul�ject t�ie f)�ff��'
to� �i��y��a'IiPicdtion fl"rora7 cr�t�side�°�ii�r�� fc��r awuar�3. `1Cttie S�p}7lie�• tt�u�L als� ���°ward a�'.es-ti�i���� ��f l�sui�x�a�
to Yhe C�ia�y wi�tine�v�r• a pa`ewic�t�sly a�le�ratidued p�G��J peri�ad l��os ���ircd, �r ar� e���e�s'ic�a� �r�pi�ia�n �i• t7ca�c� �v�f'
pe�r'it�d ��s e�x�i�c�sed, ��s ve�'if�icatic�n �f c�,nt'inuin� ���rvee��ge.
�iii. "fih� Su�s�alseQ' s�t�ll rs�t c�ornnaero��e �rvork a�al�al �he a��uircd �r��lbr��a��� is v���f��ined urr�i �GrrtiC s���7 insur�ua���
ff��s b�;eu� �-�vie�w���c� by the C,i�y'• ^A'P�rrau�C c��f ins�a�'ai7u� �y �(roe City slaall nral �e'l"s�;r�c or d�ec��e�sG t�t� lia�iGt}�
�f'� Che 'Su�pli�i° hereur�da�r� �u-�d sh�ai xt�� bc �anstID•«ed a� ba a lirnitat.ic,n t�f� lm�l�ili�ty un kh�e �a�a•t ���` khc
'aupp l ier.
iv. 'T"}te Sa�p�a�ie�a• �musl s��0��nit ce�`�its�at�� r,f ansur�ance tc� �th� Cit�y ��e� a@I ;st�l�c��r���'a�.�kc�rs p¢•mc�r• to �thc��
1��"I' S115
s�ab�ontraet��•s cafl�nn��ncung ��prk crn th� pr�j�ect.
v. T�e ���p}a1�ier>s and aCl subc�caa7t���act�o�•s' in,s�tiw�•aa�ce cr7���rage s�r�l� be �v�r��tl�n by c�om�a�nizs lr"c�n�s�e� tr� d�
L�tas��rr�ss 'a�7 al�e Stat�e c�f'�"�.ras aC the ii�r�i� t➢i�� pa��ic�es �are �ssw�ed �r7�1 sha�l be w�i�te�i by car�7�ar�9rc;s h�rit�t�
�..I�. �es� i~���in�s �f �-'V�II �ra° b�t#et�. 'The C�ii,y �v�i11 accept wv����•k�r��" �c�rrmpens�atic��n c�v�cragc c�r���itt�eu� by ��he
Tex�s'GV��°kers' C"�m�ea�satiaa� Ins�a�-an�e T'urmci.
�ri. All endcar�a;menls rt�t�in� thc Cit�� a� a�iciitir�nal icisu�d•cd, ��raivcl•�, and ncrtices of aai�rcellati�tt
end�aa°�er�er�ts as wyet0 as t9�e �;e�•tifc�[e �f ]nsua°��ce �Iv��l c�r�iain �I�e salicit�t�can n��anbe�° ar�cl che leallc,�nrin�
ii�fcsr°naatinn:
Cit,y c�l'I7erm@�am
Iv[�lex•��Is �vi�n��er��rmfl i)ep�rrc���a7t
4fY 1 f3 '1'�;c�as Strcet
I�eni�n, Tcxas 762t�`)
a'ii. '1'I�e �`c�t�ier" i���sa�•�nce� cl�use �hall �r�ot ap�1y l� ih� City ��E7�;m��; �h�; �:�i�y �is an add€���n��l iusin�•ed shcr���¢�
0�7 ��7y� paliay. �¢ is ut�k�vr�dti�l 'k��at poliaies i•e�qu�i�•ed in kh�e �Cc,rit�raa�i, c�vering �aa��h k'I�t C;ity� �q��' �th� �up}�lier,
slia[l �7�e t;�nsid���d �ri��aiy c��ve�•���e�� as ��yplicaUl�.
v�ia. If" in�rte�u��;� }�cali�;i�s a�°� a��C �vri�kea� f�r �a��at�nls a�reed t� �n+%�h �t�hc ��ty, t�� Siapplaer sFi�ll �at'�`y
tJ�br��el��a c��• E'xce4s i�iakril��y In�t�a°ane� fo�• �1rry differences ita amr��xnts s��;�ifi�d. I�" CXC�ss �,iahili�y
fli�su�r�izce� ms �u�cavidt�cl', it sh�al� fall�av� th� fi�r•i�l of [he pa�in7��•y cr�v�;r���,.
i�:. Th�e� �G�ty sl7all b�� �u�titl��G, up�rn �-eqt�est, �a1 �ri agr�eecl �p�ron mocati�on, �a.t�d wtr�t��c��t �x}��t�se, t�r cu�+i�e��r
c�rfit7ed c��aies al` pcblic;�e;� �r�d ��d'G�rsernents lh�retcr ancl r�ay� r�r�ke aray� re�ss�na�l�lt; rec��res4s la��' �i�lutir�ru �rr
�•ewisieru-� �a° �t�aa�ild�;�t��art �f ���°ficulao� pol�cy ���i�rals, ce�n�iti�n�s, lin�it��tio��s�, �m• �ex�lu;siG3rtti ��t��xc:ept r��laere
perlicy }�e�rvi5����� ��'� Gstab�ishe� b� 'Ia��v crr reg�dlati�n� N�i�din�g mipert� either �f` t�e�� par`twes h�ca�cto c,r tl�e
�i��det°av�°it�r �an arly s�ich pcalic�es,
x. `l'he C'ity i'csei��e:� t�ie rugh� �� a��;ua�vv the snsus�ance rec��ti�'ern�nts sr;t t�rth durii�r� the eifec��v� pet•i�� �f
ll��a: Co�rrti�act and tcr mta�e r��a�s��na�[� adj�s�mei€Cs l�� insut'�a[1��e caver�g�e, liHl�its„ and exclus�r�ns �r��i�n
det;ta���{ nccessaiy and pru�iet�t by the C`it�� based u�rc�n chan�es in statukc�a•y la��r, c�iur� decis�c�t7�, the claiir�s
l�ti�tc�ry c�� k9i� ind�st�•y^ �ru- 1'irrrtnai�� cmndatuon rrf"ti7e ia�sr�t°�a,�€�e �:an�pany as �,�,��e11 as k.he'SuppWiir.
xn, 'V"Woe Sup��'lo�a shall �7a� c�u�e �t�y it�s�n'ancc tn 't�e �cancelec� rra�� p�a�mtt �t�y in�ur��nc�e tcr la[�se dr�r'iilg tl�e
ter¢� �l`QC�� C`c�ntract or as rec�uaa'�;� it� ths; �vr�tr•ac�.
xii. `I'hc Sai�plae�' s��tll kroa< r�;sp��sihle f�rr prermiums, r��ciu�tibles ar�d se0���-ii�s�re� t'el�e��tiu�y�ts„ it �a�y, s�tat���d ir�
ppl'pci�s. r"�ll cdeductihle� or selt=insi�r�c� ret��aime�n� slaa�l l�e discG�as��3 �e� th� �;em�tifi�ate c�f In�tce'itncu.
�i��i, °1'he 5ia�plici� shall �et�r�ea'v�e ka� �arava�&e t�e �;ity Chirty (30� c�z�l��ndar days' wvri�t�te�v ��r�i�e �1'cec�aicr�i-� �1"
lht a��regate li�niis Y�eltsw �r�;c��•rence lim¢#s fcra� �II a��l6c:a�14 ccavera�e's ga��icate� �r�it�tin ihc C:c�nts•�ct.
xiv, "I�h� i�rs�ura�ice coeo�a'a�e"s spe�cifie�� in r�itHria� 'lh� st�l�icitati�n �and rc•e�gaiire�r��nis ar�e t'�t�a�im'�d r�ia�i���t�7�s
and 7.re� ncrt i¢rtetadc�i tca� limit th� r�espa�rsibili�y �ar� Ga'bality crfth€: �ti�p�rlieK•,
�, �p���ific �:�vca•ag� E�ee��raa��ernents. S��a�cci�c iri�u�•a�ce re�uii��enl�nts ai°e aonl��aiax�rl ir� t17� sc�ld�;itatirar� ir�sti�um�nt.
33. CL,+�I14^�5: If z��7y ���ir�, �enrat�d, s�Gi�, c��r ather �ackmcar� is as�sert�e�l a�;a�t�s� t�h� Sup�3li�er whi��t ���°is�s eir�der �r
c�i7cer°ns t�ue Cratttrae;t, �,�• �whi�h caulti l�av� a material acluerse al'['e;c� ran t�e Su}��lier's �k�iNity a� p�cf'cai'i77 thei�euncier>
t�ie Supplier shall ��v� �w�°�ittca� nr��tic��e ihet°ec�l'k�a� thc City �vi�th��i tea� (1�@j r:�l�;nc�ar day�s a�lte�• re��c�:i�prt pf �e�t��;c by t��
Suppl�ea°. Sucl� notiu�: k�a the Citw �17a11 �kade �1�� �i�Mte cf n��'�fpcatia�� �rPany suuh cl�im, de�r�aaia�,, s�i[, cri° otli��• ��t��r�,
thc, �aa�-n�s anc� ��ddress�s ot the claiinarra(s), Chc b��e�is ther��:�f, and �he a��ttn�c e�i' ca�ch per•��r� ��aic7st ��vhom su�;tti cla'srr�
is ��ei��� �a�seF'tcd. �kach n�atic�� s�ral1 6�e si�liver�d �ersr���ally^ ��' by Er�a�l �eid sha�'I be� se�t�� �t� lhe �Cit,� ��rnd tr t'l�e I�e�Ca�rr
(;idy Att��'n�y, 1'es•�scrn�l eGeiivery t,� ktle �;ify ,4tt���'r�e)� sh�rll �ie �a C'ity i-ia�l, 2I� T��as� dw1ul��m�i�cy Stre�t, �LDut7ton,
Texas 762Q 1.
34. C'�(i'�'IC��: l➢r�l�ss' �Cherwis� s�ecif�ed, �t1I ���t:i��:s, rc:qucsts, �r nt�ei• cc��7t�t�¢�icati�rt�s ccquia•c�cl mr a�a}�rs�gsr��atc kca
be givcn �rrd�r the C�rnl�'act sh�11 E��� f� wr�t��r�� a.t�d shnl� b� d�er��e� �lelivGCC�1 tht`cu (3) hus�n�s�s d�ays� aft�r
pa�s�lm�aa•kec6 i�f �er�� I�y^ U.�. Nr�st�l 5�erv'iee C�t�ti�i�d ar Rcgists��ed �+iail, Rela�t'tt 1�.ecc�pt T��a�e�sted. T�oti�es dw�ivered
by r�thc;i° n�e���s sh�tll �ie tC�c:r�e� �ielmverec� �apcirm rece;ip& by the �ddressee. Itc�t�tiroc caanrrad�r�icati�ans n�ay b� n�ad� �iy
6ir�t �cla��s i�ail, ��'I���a�c, ��- eatl�ei° ccummc�rc��l�y a�cep@'�d rrtearts, Nati�es tp t��� �;�a}�p1i�;a• sh�1V be sea�k 'tra tlle� �ad�3res�
s��cifi��d ir� the �a�pplie�r's Of6ea�, or ak �s��h other a�irlress �as ��aar�y mr�y n�a�iiy t��� �athe�r in wr�tirrg. �7�tic�es tc�� the
(:uiy skt�tll lac; acicire�sed to th� �:uty at {J(}1F3 Tex�� Sti°euk„ Dentcriro, °�'exas 7�21�� �a�ci �ra�arke�i to the at�er�iiat� r�t'ti��:
}"�u•cl��sin� Mw�¢ta�,cr.
1�C"�" 5 l' 15
35. �21�H"T� `�'O ESIi�, P'li(3PrD5AL A�ID C+�IPYTI2.-+�C'TUAL Y1�AT�RTA,�,. ANI i�at��•i�l s�a�r��ittcc� by the
Siappt�er'tr� th�e City s6ia10 �a�ecc�rrre ��°��5e�°Gy �1' wt�e C'aty ��ran �`s�c;�t`�t. A¢�y p�arti�ns at" su�h a�trtci•aal clafl��ier� by t��e
5�ap�l"uer tn Me �rc�prietlry� rsi�st k�e cl�ar��y t�tarke�l �s sttah, I?�ku�'tniaj�a�AC�t7 r�f'thc p�ablac natur� �f tl7e a��atec•ial is
su�:je�t tc� tl�e Texas Pt�hlic: Ini`carmaiic�tt Acl, Chapkc;a` 552, ����''I'c:��s �;�svca•rnrnca7� �:�ade.
3�i. �'(3 VI'ARIZAI�'�!'�` �Y C1T�a' AC;AI[�S'�' IP�PF�tI➢°�GE1��IET+�T'S. T'�e :5u�a�li�a- rep��eset7is arar� warra�ts tc� tl�e
�:ity th�t (i) �Ive S�p�aGe�• sl�al'I pa�ov�ide l�he Ciiy �u�od an�i ia1��;f�asatal� titlu tt� the �el"¢verable� ����1 (di) �t����
d�cCiuei°�blcs �ti���plte�l t�y tlte S�tp�alier in ac��i•cl��n��e �w�id�h th�; s�rc��ifia��ti�c�s in the C�r�rh•ae� ��^il9 �7��� id���'renge, d�n'�o�t1y
ar c��ntr•'it�utc�rmly, ariy palent�, ira�der���a�k, cr�p�yr�igi�t, t�rade s�cret�, �r at�}r ��h�r iia�el�€:���aa9 pra��erty ri�kat c?t`�rny �CiE��1
c��'�rry thmrci ��tG°�y; t��i n�r c�lairsTS li�ave 6�;e�� ma�de i�y ar�y pers���r� �or e�nk�ity rn��ttr �•�:sp�c� t� thc owrr�¢•shap c�t° er�ea'�Yi�ru
atl`i�7e �ke&iveo'��i1�5 and tp�e �tm��pliem' ��es� i�c,t'k�7a�v c�f any v�li�l f�r�sis ��m• �ny� ��c1�9 c➢�ims. °f��� ��zppliei� �63�1�, �'[ dis
4��1� ��pens�w, d�cfend, imi€ierr��7�ify, ��n�c9 ]tii�ld ��}�� Cuty �t�arw7�l��s fi•rai��r at3d �a�ai�r;st ��al� li�l7ulit}^, r�a�a���;cs�, ���¢7d cnsts
{ai��c➢udit�g cor�i°t �crs�tti a�td �°�;ti�sonablo fees a? at�o�°n�}��s ��ra�l �th�r, pg°s�fcssia�i�ls} at•is�it� o�a1 r�f` �r a•e;��l�un� fc�n�: (o�)
�ny clain� �E7�rt t�e:� City's e;�earoise an,y�n,��here iti the �wa��•ld a�f tE��� rdgl7fs �;�s�ca�atet� 1�vilka ll�t� City's' a�n�riershi�, arrd ��
���lic�l�le, li�;ens�: m'i�hts, anc6 'a�s use n�'ttre r:l�liverables ii�fi�i»�es tl7e ant�llectuutl ���'crpcety ri�;lit� af ai�y th¢ffi�r� �arfy;
�s° (ia} ths Su}apCier's hr�ack� c�l�any c�P ���Spliee•'� u•e�si°�seriQaCi�ns a��• v�a�•�•anties :stat�d irv t6ris C"can�t�'a�uk. [n the cvem�t c�tl"
�a7y s�uc��Ei claur�, Ch� C'��'G�f s�F��l( k¢a•,�e the �•i�tb� ica n�c�ib�t�rr �uc�r cla�n7 �r aC iis r�}�licrr� �r����� it� ��^ru se}aarate cr���nsel tt�
�ct �s c�-cc�unsel ot� tFa�° �"i�y's behaGf: F�trkher, S�z�plier ag�•ees tl��d f�t �"il}^'s spc�ifi�:�ti�r�� re�ardin� ti7�;
delive�°�b�cs s�7�ll in rra e��<ty �tlit�inisl� 5���pliec•'s evace�asit"rc°� o�° r�t�Ci��ti�n:� urrder t�tis pai'a�i•��Sh arr�[ klie C'ity �n�k�,s
¢r¢� wvars�aniy t'6r�m� tk�t� pa`ca��ackipr�, devel�,p��in��tt, or ci�;lir��e���y �f �trct� da�ld�er�tble;�.� �v"r�( not ii�r�a��e� sue}� ��ar�^a�lti�s o9"
S�Ap�adie�•.
37. �I�dVFIl7��t"i"IA�,ITY: T�n €��•dei° �� prc�vi�i�e the d�e�li�+ea•�t�les ��a the C'i4y, '�i��plie�• ma�y re��t�re acc�ss tc, c�e1•t�in
��` t�t�� City';� ar�dl��t' iks fi�ensc�e�s' conf�t��:rn��al i�7�o�•ia��tii7n (¢n��[u[�it��, ii7ve�nti�ns, er��a'Iayec �nf'�r�n�ti��n, �Cra�e
s�ec�•et's, c��n#id�ntiaE kn��.��-'f��r�v, �:c�nficier�tm�l k��NS�i�tes� infbrn�a�inr�, am7� t�t�iea° i�r�'r�a°mra�ti�n t�}r�cls t9te ��ty ca�° i�s
lice�is�t's� �raNasicic.r° c€�i^�ficl�r�l�ia1} (c�ld�ctively, "Ca�t���r��:nii�l l�ri��3�ia�atio2�"�. 5ia}�pla�r• �ckna��Cetlg�s a��d ���•e�es t�7��
the �trnl�dz:r�fttr�l [nfarrnatio�r� is t�7�^ va�u�a�ble �rt't���a'ky of� the C�ily ��d�Joo• it� l�c�rrsaes ��arnd �ny �anauthoi•ez�ed use,
d6s�ela���a•e« c�iss��mEnatican, �r a�her r�;l�ase of t�7�e Cti�t�fi�lvarkia� Ii�fcra•mati�m witl( s�ubsQar�R��1Cy inju��z l�hr� Ci�y ��¢�d/o�r ils
licensc�rs. '8'�tw '�Sis�rplie�• �(i�roc�ttding �ts efl7��l�ys�es, s�b�cai�tr�c��tar:�,, a,ge�nKs, r�c m•��rr�sc�r��'�a�tiv�s) a���'�c�s� ttlat i� �vi1d
�nasi�t�i� Rhe� �'o�fide�rr4i�l In�"arn�a��iairo rn 5��'i��� a�r�s�ti�de��nce �r�d s�r�1C arat� d�scl�s��, �iss�:�ninat�e, ce��ry> div�al�e,
t�ecre�te, ca�' c�thci��✓ise �u�e th� C'c7iti�c��er7ti�1 Ia���aa'�nat3�s� �,+ith�ut the �ciear rarrmtt��n can;�er�t at'k�c City a�r io� ��radalr�e�°
rdK�t ��pres��y �e���mitte� �nd�e tl�is r+egA`er:t�7�ter�t� w��less the �C'r���fi�ic�7tial In����rrt��t�icstt is rc�u��r•e�c� tt� l�� c4is�lc���d l�y larv
a�r an a�'d��' c��` any ccrimti•t ��a� cath�g• �ca�✓eetr�net���tl �uth�ar•oty tvi�ft p�•c��rcr .I�irusciic��aim, p�'c�vicicc� the �a�r}ap'lie�� �rc�inE�tly
nc�ti(�ies �th�e C'ity bef�re d�scl��s�ir�� sucla infi�rtrt��tk�rt sa a� t�sa �s�rra�G� tt�� Cit�y rea�tan�k�le t�rnc: to seek �n appr�p�•Eate
peEpt�u�ivc c�a�der. T'Mtie S�p�Oicr• ��•ees t�� us�; �ar�teakive rr�e�sa�r�cs n�r lesw� str'in���tt kh�n the S��plier usca �rritltan ik�
cr�vn btasi�c;ss t� pa��de�t i�� �a�vn n�rc��t valt��r6�1�; infe,rmatic,n, kvfnic�i pratectiv� rr��;ttsu��cs sha[1 urader �al] G�d•��an7sEanc�s
�rti at Icast ��e��cron�a�f� measuu•es Cc�a ensui`u �tae c�ntinuec� �;r�n�'i�erata�lity ti71't}tc Crs«fitieittial' Inl`tam�mati�n.
��. �W�'WGR�1-1I�' AI��iD ��C �� ID�LI'4�&�R�4�3L,ES: °�'Yre Ci:ty shaCl �aeun a�l �'��hts, titles, amid intee�s�s kk7�°ca�i��aut
the �v�ri°Icl im �nd lc� the d'e[ivea'�LaIGS.
A, Pa�eaits. �s te� arny ��i�nk�blc stiit�jacd tn�attcr �ontainec3 ip� t}a�; �i�;�ivca-a:t��es, Che Srip�&iGt° agrees' to �lisc;d�rs� :s�ch
p�fent���le ��aLaject rat��te�r 2t� t�7e Cik��. I•'ta��k�h�er, iE �•ec��a�;sded Ly i.h� CiQy, tazc� �uppli�r s�,��'ets to ass'¢gn �and, if"
nc,ccss�a�}�, ca�dse ���;� �f ats e�rYip(�ayets tn �tsst�;n �}��. ert�am•e ri�hk� kitle, ar�d iritei•es� tc� ��ecifi�: i�tvc��t�c�ms tto7sier such
�pata:nt�bk� sut�j��;�� r�s��t�1° t� tl��e �'ity �n� �o �e�;���c��G�, ��a��n�r��r1��B��, at��t cl�l'aver and, i�f` iaece����'Y� ��t�s� ��ach afiR�
ca��pCrrye�es �� a�;�ccute, a�k��wlc��c„ anr� �ieliv�r an tas:si�nn�ent c�€`l�tters pate�t, �n a�oa'rt� kc� bc rcascrai�lapy ap�arav�d
t�)r t17e �i�y, ta the Ci�y ��p�s¢� i•equ�st by t�t�; ��ty.
F�. Cmpy�ri��tts. l?.s t�tr �any c�c,lg�v�rat�l�s e�ntais�fin� �ccrgayri,�ht��ab@� s��l��e��t �a�iet•, th� SQ�p�rfier �a�rees thmat� upp�� thei�'
creat.i�ooi, st�cC7 d�lirr�rables �slaall be c�rm;sidem�ed as ���c�rk e�-�ad�-fc,t'-8ti�`�t� k�y tit� ;�'a�p�r��ier �f�r t�r� Cit�y^ ��bd dh� Cily ���alU
r,�vi� a�l c�pyrights iii �t�cl lca �uch clelitir�rabl�;s, p�ro��id�d ha���vev�r, #hat s��a�i�iia� ira �hls l�ara�r°a�lt �� �I�aGI r��:��te t6i�
�:�ity''� sole c�r J4int ��wr��rshipa af ��ly su�elq cEcliv��°����s arisi��� by vie°t��e c�f the Gi�y'�s sc�l�: ��•.paint� a�¢�l�r�a`ship af st�c�h
dc�ivea•al�les. St�c��td by t�pea'ati�a� raf law, s�cech �iclivea�a�r�es rta�t $�c �:�ansiclec�ea �+rc�rks m��6c-fiar�hur�, ll�e 54�p��ier
h�re;by �;s�i�ns t� klye City (anrl a�a°ees t�i causc: cacf� c�f tt:� �mplc�yevs prc�vmd'ot�� s�hvi�cs tr� the t'°sty hereundce tca
e:�e�c�fw, ��:�raawCed��, �tad d�li�rer �� assignn�ea�t ta �i�� C�ty of) ��l ru�,rld��wi�w �•a�ht, title, �s��9 ir��et'�sk �n �n� to suc,f�
del�ivc�raN���s. Wmt�� r°�ypuci ta su���r �v�r#c n��d�-���•-kair�e, C�ha. S�.Gp�ln�er a�gc�e� tca �;�x�c�mt�, acka��wle���e'�, �ai� cCe�ivet° a�u��.
ct�iasc ea�h c�C ik:s �:tt�pl�ye�es �rravidin� se�°uic;es �v tk7� �aty hec•eairn�l�r fc� c;xectirte, �cE�nr�w,vl��&��;, �a�c� deliv�r a�var@c-
�7�ad��-f�r�-hire �g�'�e�;ar�crrt, or� a F�rrra� tcr be re�sattab�ly appa•n�e� by the Ci�y, t�, �I��e �'iC,y ��p�t� �iel��rea•y �i" �a��,h
dcliverabl�s lca Qh�; C ity taa- �t su�h �rthe�• tita�e a� th� Ci�y ii7ay re�u�s�.
fi:�P 5115
C. Ac1t�i�ionaN r"�ssi�ramients. The S�ipplicr fairther a�r°e�s i��, ancl i� appldcab�e, eau:se �ach �af' its etn�rl�syees t�,
e�cc:�a��c, �ck�n�c,�ti�ledge�, �n�R d��liv��r all �applic���i�ns, 5���cfl#�cati�n�,, �aaths, assug�nt�re�ttfs, �anr3 all €�th�r t�;�lp'utYti���ts
��`k�i�:h thc �ity m��trt r�:asnnably �ic�ia� necess�r•y in ��'cluc tc� ��pply faa• ar��l n�t�im �;r�py�ra�ht prc�tect'ic,sr, ma�k 3�w�¢•k
registcatio�, tz•�den��r�k a�t��ist�•��ican anci/oi° �a'•a�t�cC�c��, lett��`s pa&cc�t, nr �ny ;si�niear i°i�hats irt at�y an� all c�unii'ics �aid
in c��`t�cu' ta asso�rv �nd co�ruu�;y �� �t�c Cify, ut� ��Gtccessat's,„ wassi�,ns and rrn�manees, ��ue scale ���r� �cxalus�i��e �'�gkuR,, tmt�e, and
intet'�st nn arrd t� �he cl�louerr��alc:s. T'f�e '�uE��lier's erblo�atia�ns ta ekec�ate, a�:kn�wled�e, and delav�r (c��' uause t�r l�e
ex��;w�tcd„ acka����rlecd��;cl, a��d del�wered� it�s�r'ut�c,t��s oe• pa�ers s���h as t���r�sc; c�csarib�d atr �ltis I�ara�,c�a�h �$ �a., b.,
a��� �, s���ll cern�'sn�e a��ter thc �tc�rmtiibatio�tr c�l' ll�€s �o�r�ract r�mth res��cC t� ��ch delive�r•ak�le�. In th,c event the ��ty
�hca��C�1 ncrt seek t�a obta�n c�pyti�i�l�� pt'c�t�:ctica�, mask work r�;gis#i°�tior� ��• patent (7o°�tcc#iarr fe,r ariy c�f th�
��liv�t`�@�Ics, �ut s'ho�tml�d d�;�€rc t��o� l��e�p ��e s��in�e secret, i�te� 'Sup��lic:iT agrees ta t.reat d}�e sanle �s C"�rufid�tlt�iaC
1a�fc�rmatic�n �ar�clea• lhe let�n�s a�' �'a¢°�gi°a�1r 37 r�br�v�;.
3'�. PlD�1�1C�+►T�I�f]M'NS: ,�,�1 p�abli5her� mat��-ial and wvrgtlen a��,p�a•ts subn7i�fte�a3 t�nc�c,r the C"ontr•ac� oraust 9�e car�igitt��l�y
�tl�;weloped r��a���;rt��'1 ianGesS ath�et`�n�isc spe�c�bfiva�'ly pr��avi�ed mm Gtne �"��nk�'a�a. Wt�en rnat�rial nc�t c�i�i�iraa9ly �3�v�lc��rcd is
inwl��€�ed �n a re���°k jrm �rry f�0•rt�, th+��� s�ui•ce shall be ici�s�tifie�l.
4�7. A,U'VT�Ft"I'"ISll�1�: T�ie �u�a�1ier• �s�ha.11 r�e,t ad�r�r�ise� oa� �aul�li�te, wvi�ho��k t���e Cs�t��'s pr�crr c�a��ent, 'G�e f�u�t dha� t'11�
Ci�y h�s crrt�i��c1 intt� the �:��rtr�ct, e�c�;�at t� the ��ctGr�� required' �y l�w.
��. i'J4 C:(,1�"+YTi�'+I�G�7T FEES,' `1"tae �upp�ier jvarrar�ts that r�c� pe��sc�n c�o• :se�l'ar�g n�;c;ncy h�s hee�� �mplr,ye�] a�r
rct�in�e� �lca 5r�fic�t t��� �s�:cur�e the C;�rnka'a�ci u�r�n ��ry �a�i°eei��e�& �t° a�.nder•st�rr��n� f�� �cr�s7rt�i5si�att, pee���:iala,��,
laer�[cera�ge, c�a` ���atingenC �f�;c;, exc�e�?�in�; 17��a ��e eonplu�yces saf l��ana �ic{� cstablH;shed a���r��nei•�o�al ta�• �c�1Bii�� a���enc;�ir�s
rl����intaarue�� �ry t�t� St��plier �for t�he �ta�°pao�c caf �sec�ur�n� bai�im7ess. F�ai' bre��ch oi° w�i�'lati�n rrf Q'l�is ��v�i°i'anty, ih�; Cit�y
sP�all 'h�v� t9ze� ��i�hk; in �d�➢��iti�n to a�y �a��t�p° remedy awaalable„ tc� �:ataccB the C��r�t�r�a�t �wi�th��t l��bildty and tc� cl�duc4
1i��n� ai�y arr�r�uerts cay�er3 ta the� S�x���i�r, �ar oCher��r�ise recc�vcr�, t��� �ta'I� ��tn��nt e�f at�ch ��mr��:ssie�t�, perce��rCage�,
br€�kei°a�e c,r c;ontin�et�1 tee.
�d2. �RA,T[�I'�'[ES: Th,� �;dty rt�r��y, by �W�•itten r��iJC� to� th�e S�'pPlier, canc�:l �khc�� C�71Ci'a�t eW�itha�i �iabididy^ ud` it �s
�et�a•r�ined k�y ihe C�'it� kYarkk� grat�iCi��� w�re a�fCere� or guve�n k�y th�c Su��liet° �a�� any ��e�i�k r�r repo-eset�t�a�tive �rot' �h�
Suppl�ea• 1c� any taffic�ea• rac• earaplrr,ye� a�f �8�� C°��ty a�i �?e�t�i�at w€tl� a r+�i��kv tar�✓a�•d s�cc�n•�ng �he Ccrntruc�t or s�c�a�u°img
f���✓a���able� tr°e���r��;a�l �vit� resp��,� i�r �he awa�^�iimg �r anra�;e��iiiig �rr tC�e rrr�'k�ung t�f �ny dete¢-m�ia��t��rrs ��^�Ch �'r:spect tc�
�lae }�et'foi•nain� r�t"suctti c�r�tr�tut. Ir� tFre cvear� the Ccas�Rract is c�n�;eled �>y the C'oiy purs�a�ni k� this p�•crvisbr�rn, tl�e C;ity
sha1B l�� ur�ki�led, �im addfltm�n �ca �a�nw otdle�� rm�hts �n�9 N'er�nc�i�es, t� �rec�rv�er or w�iil���rl�i the arn�atAnt �ai'the c�s�t in�c�ir•a-zd
by �h�e Sup�iiei� irr pa°avidin� su�;h �rat��tit;s.
�3. 1?Fd,C➢HiBI"�'II�IV A+�A,I�9�ST ��I25�1"�Fr�L� ll�'��R�S�` IN �a1VT'iiAC�rS: 1`�!a aili�cr•, empP�yG�:, i��V�pe��cdca�t
coras�atanl, or el��cted �ffici�l c+f" th� C'ity u�r#�a �s inval'w�� an �G�lte de�e�ea�rrrienk�, c�rapi�atic»n, �r dec�isiaa�r�-nlakit��
prr����s� �r��� th� �ue�rlcat'�tta.nce �1' �ny soli�;��tat�c�n :sB�a'll �aE��r�; � tii���n�ial snt�ea��est, dir�Gt or ind�recR„ i¢� t}�e �C�ntra�;k
�'esat��titag fr•�r6ru 'f�a1t s�r�ic�it�t�an. r�.���y r�i�[fu] v����tiori�or� crf t8�is ���ctiot� �ha@�l �orasti�tute anlprs�priety i� ��fi��, a�nr� �a��y
oflfdce�• �r �:mpl�yee ��aifty khe��eraf'�ha�l 1�� s��bject �� c3isciplanary actac�n ugr t� anc! oncludin�; dismissat. .r�a�y vical�qi�0�.
of this� p�rovisian, �+ikh th� ks�c�rvledge, expres:�ed �r inrplied, c�l� tlt�: S�,�ppli�r sh�l6 r�en��r thu C��r��r•act �v�ai�r��tble Isy t�e
�ify. `Y'he �tr��a�iea• shali c�ron7q��et� �t�d s�ba��a�l 'thc �Cit'y�'s !�c���ifli�t �f 6nte���:s� (���me�;s�ticrnn�ire (A►�t���t�clra�rcarQ S�.
�6�1. CI"�1DC�'�;l"�E�}�NT SL�P�'LIER: '➢'f�e Cc�r3h�act s�1aN& not 6e c;�o�str��ee;d as �p'���ung ar� etnpl�yer✓�e��sl�yee
��elat�.ians�ri��, � par�t��:r�hi�„ �t• �,jr�ant ventt�a•�;. T�i� S¢��pl�ea•'s S�ea�uic�s sha79 �i�e Cl�rase n�`��n indep�;n�emQ s���licr. T����
�uppliet' ��o'�es and ��nders�t�t��is that tl�e ��a�7tra�& d�ae� ��t gs-�nl �ar�� i�i�hi�.s ��' pri�ri��ges ���tabl�sh�d ��at° c�ruplo�yes��s
�a�' kt�e �p'ty �rf i�entt�n, Tex�s frai° the �p�ttrpcas��s �I` it��;�arrle Qa.�, vvit'��llalding, s�a���sl s��uri��y tax�s�, vacatir�t� ra• sic� 'I���w�
bet��f�#s, tin��•kea•',� c�rr��sr��satican, �g� �ny �ot�ea �ity e,ruiployw�c 6�i7e�t. "i'l�u �.ity sYrall n�rot hr�,ve stt�ervisios� a��c� ac�ntre�l u�'
thr� 5�w�}��ier c��• ar7y ent��oyee �I�'' t.l�� Sa��p1�Gr� aald ii is �xpr���ss�y unci�;rsCa�a�c� t�iat Su�ap9ie��r sh�Nl ����°�`a�r�ri ah�c s�rwi�;c�s
ltiea°cunde�° at�ca�d°din� tc�� the att�ch�;d specilicai�crns �t thu �ene�•�l d�a'�c�tisar� c�f 19�e � it,y i�^1ana�e�' af fhU City raf I�ermCa.'rtt,
TLxas, �,�- his ejcsi�n��: uncler ll�is agreeci�eni.
45', �h'�S(�C1NI1'Wl�t�"I"-I1LL�:+�.�"PI1�Irl: The ���iat���a�et �I�all be �aandii7g ttp€���r ane� �ensun'�: t+� the hene�t�iC ra�f�th� C;ifl,y arrd
�he Suppliem• ana� th�ii� respcative su�;ccssoes ar7c� ass�gns, pi'c���id��1 h��v�vc:r, �h�R iti� �'����t or i�rlen�e�t un kt�e C�'ot�fi°ac[
sh�lE �ae �ss����d �a�d n�r e��rii�,�rtic�n shall bc d�leg�L�:r� by �IT� S��i�pl��r ti�^i�'h�at�t tl�e ��ei�rr uveiCten ccroseitil �1't.he; �C'iCy.
.�ny atke�a7pCe:ci �ssigu�mcnt �sr �i�;fc�afi��n by the Su�a�iier sha61 b� vo'sd un��:ss enade �a� �unfai°mity with t��is
par��ra�h. "�'he C�'�o�ta°ac�� �s not i�iteai�ed to� u�nf�ek' t'ig��s r�r k��netats crtr ��ty ��rsot�, f r•m ar ��ti�ty ar�nt a p��'ty heret�, it
�ZF�'SVIS
�r�i��, t�c irrteiq�aan mf the p���ties that the��e �re no ihi��d �arly �er�eticiaciGS ts� t�7e Cc�nt�•a�t.
�l�'i. VI'�"►I`VEE�: T�i�r c����im uar i•i,gb�t �i�isa�i�� ����t af � br�;�u�:h of �h� �;'antm°��c� car� be dis��h�rged in rvl��r�Ee a�' ��r ]aart �ry a
w�r�ivea- t7r• m-entaa��iati�n c�l'ihe t;lainro crr r�ight usa�l�;ss tlme waivei° U�• re��nciati�� is sa��ap��t°ted l-ry cc�nspcle�'atir�n �n�t is �n
+�ridir�g signecl by the ag�;ri�vet� p�rty. I�P+a wairfci• by cithe�° the Su}��tier t�;r th� Ci1y oI` ��y at�� aa` �c�re uw�;s�t� �,f
d��f�u➢t by t�he other part�y shall �nperat� as, r�r b� c�ai�sirued t+� Qze, �a p�r�ataaneu�C r�raiv�� o�� �any i�i��l��s �r ab�i��ti�an�
�r�c�ua� t�hu C�n#iac�t, or ar� expres;s al• i1�tp�iet� �ccept�a�7�:e cal�a�y a�th�;e' ea��stir�� ar faat��rc� d�f���l� c�i• d���au➢ts, xwhelh�r o�f
a samil�i• oi° dif'fercrtid char�actea'.
4�. I'w147�DII�ICA'CI+(1N5: The Gc�ntrac� c�tt t�e n�c�ci����;r� ar �m�:7id�d ranly by a�.�vri�ing sl�neci �v bol�r p�ar�kics. �'Jcr
p��t-p3�icnte;ci �c° �i�raiV��• tee°m:� i�n ai�y the ;�a,]��I���' %t�er��ic;�;, cbi°�{Gr ar �kher dr,c�ai�rent ;s�r�ll have �ny ��a°cu or �ftect �cr
ch�n�c tl�e teG°rrrs, c�ve�narr4s, z�tt�� �r�n�ii�os�ns af t�re Conti�ae�.
4�. I�+1TE�il'ItEi"ATQI�PV: "I'�a; Cr�n�rac� is ir�t�ender� (�y fhe partics as � fi�7aC, �c�rn�pn��e ar�d e;�c�txsiv� sdatcer�cnt crf
Rl�e #erins csf thei�° agr��ra�emt. l�lo cc��a���e crf prioa• c#e��irag be2wec°r� thc �?arties o�• c�awa�se �P�reri:c�rarpancu ���' aasagc of tl�e
lrad� s1ro�El kae� rGlevant to supplea�e�'l a�` ��pl�a.ii� an�r ter•rr7 �a:��ed irr t��� Goa�tr��G�t. .Alt�c�ug�7lth� C;trnta`�c� rt�ay ltavc� ba��:rre
su't�st�ar��a���fy drat��ed by ane p��rC�y, i� is thc irrtent �f t&�� �7���•ti�s kFo�t all pa•�visio�7s b� cc�r�;�4rar�d ita a rtt�antmcc tp �Se f�'sr
to b�tk� }�arties, m�e�din� naa p�c�visic3a�s ma��p°z; si�°ic�tly ag�insi c�rre �ar@y caa° �t�c croth�i°. Vu�l-rea�ever � le�'rn c�efie�ed by tt7e
&�t�i�e�rni �'�ana7ierco�a1 C'�d�, �s e�i�c���d b�y il�e S�akc� af"�'ex�s, i:� t��ed i�� th� C:�ir�.ra�t, th� i1C�: d�uti�titic�n �hat'I
c��tu•eal, unless ��herw�+�se �B�;f rr�c� ii� the ��r�ttt`act.
�!9. D�SPU'T� I2ES�.11�U°�'[O3'�:
A. [f ��1is��s�te a�°ise�s c�ut� a�f ar re�a4es 't�t Qhe C:a�qt���c��t, tar @he b�°e�cl� Rhe��•�eo'1; t�te }aai•[i�;s a��•ee t� c7��t��i���� p��m�ra• �ta
p�°r�s�c�t�in� �� ���ai1t fcrr �i'am�ges, �Inwev�:�`, t71is se�ki�an d�ro�s �aa4 pra�hibit d�lroe lil�rt� c�[�a l�a�rs�wik t�r tr�ll lhe rr�r�ning erf a
stat�ake crf lim�tati�ns c�a• t� �ee�C injuncti��e re9ie�'. F�hher g����ky n�ay mnake a tivrutt�n i•e��a�si 1or a ii��;cti��; he��veet�
a•epresec7tataves c�f e�ch par�y �v�'tl��n f�r��r°teeiti �14� a����,n€�rir �ay:s �f��p' rc�;�i�t m�f i�1e i•e�u�:st �r� �such lat��m� pe�•iaci a�
a�a•eed by L�� �a�-tics. ��a��}r ���'t�� s,haQl i��clude, at � ��ni�ima�in, o�t�e (�� s�;ni�ar 0�ve� i�adi�v�tEu�1 v�it� ��cisi�n-��aken�
a�w�la��i°ity reg�rdir�g the �di�;�tate. "C"he pur�erse a#' 'Chi�� and ai�y s�tl�:�a�qu�nt ineet�in� is to a�lem�pt i�r �aod iai'kkt fic�
ne�c�ti�ti� � r�sola�tic�n caf t6r� c�is�utc. 1�; wu��in thim�ty (3�Jj cal�nclar cl4ays ��ter su�c�i meetin�, tEre �artie� I�dav�. no�t
s�ucac�;s���3 ir� m�e�g�tiatit��, a� 3•�solu��@rr cafi th� c�i�pu�t�e, �'l�ey eu�Vl pr���ed �imt��ct�y to n7�r���t�o�� ��� dc��:ri�sed belod,v.
1`Je,��fi�titian i7�ay+ 9�e r��apvc:�i Lay ��n�r�tt��n a�r�,�nzc�i�d �s�i�gn�d by bc�th �aa•ties, dr� rvE7i�h �v�n�t t���e �at'Cb�s mn�y }�r��ceecl
dire�ctly �Cer tttea�"s�atu�a¢� as d�;scti'i��d b�;lawv.
L3. �f the eft��'ts C� t`esr�lve Qhe �iisput� thr�u�h ne�c�tia�icata �'agl, �c- the parti�s Ava�ve the ne��tia�icroi� pc•crcess, dhe
prarti�s �a7ay s�l�cky ��i��hin khar�Y {30) calcr�d��• dgys, � tm�ud��t�r tr�i�eroed 'un ms�civa��ion skill� aca as�s�ist ��it� res€�1�ul�ic�n �r£
thc di:spute. �h�,�iC� Rhcy ch�a�;�e tt7is o�a4¢cair; lf�e �C:i�y �and tl�c S��pplie;r �t�rcc ta act i�� g�,c�cl 1"aikl� in the seCecti�n �af t�re
i�cciiatear atrd Cca giv� cat�s'rderal�c,o� t� �oualified �t�clivi�ia�ls n�,�i�ia��ated k� �zcg �s n���liaC�d'. 1`�lo2hi��� irc El�e C'aruk�•aat
pa�events thoe par�ies fu°c,mi� re�yin� croi7 the skiNls vf' a�erson whc� is trairied ic� Rlre st�u�g���:t rr��t�tca• a�' 1he dis�aute or �
c�rntr�e0 snt���p�'it�Q��n ex�per�C. 9�t �tae paa�ti�s 1'�il tc� ag�rce ��� a m�cii�tc��• vuit�h�r� �}�a�'ly (:��) ual�nd��i� cC�,ys �a£' irritiaC��r�
�at' ��h� �ec6iati�,n g�t'r�c�;ss, the riae�lirit�cror slbaAl l�e scleetc:d �ry �I�e I7�nt�ar� C;ca��,t�y t�.l�e�•��d�v� L)�sput� E�esral�utioi7
Prag�~�m (�3CAf'�. 't"he �arties �agrce� �c� }�a�'�i�����tt� in i7lediatiom wa� ���a� fa�t�l� f�t' u}� tc7 kt�irty �3(?) c�aler�dar days i�i°a�rt
�k�� �1�tte tif� i.hc�� �r�st r�r�ed��t�m¢an ses���n. Th�: City �,��1 the Sup�plie�r �,vi�l s�t��'u thc enc�liatc�€-"s� fees �;y�a�ll�� ar�cl lhc�
�aatics �uil] tae��r• �hu�i• �rArr� c��ists a�l" p�a-ti��ip�tiucun sii��h �s fees i'c�t' �nq c�r�:s�altz��7ts o�¢- attr�rns�ys th�ey m�� utilize te,
r�epresei7t �hem or� othe�rtnrise as�s�st t��en� i�i 11�e mc���iatin�.
S(b. JIJRiS1��C�I+aI'd ,A]'�l) VEIr1U�: Thc; �c�nte•acR is �7p�Gl� �ar��der� �n� sh�alY l�a; �;�vcrned �y tltie l�wvs U�'the �a��t� �P
"C'exas, in�l��i���, v���»n �p�licable, ihr� lJr¢iforn� Cc�ttl��;a'e;ial ('.�de as a�ici�t�;ci in `Te�as, V.T.C.A., [���. & Cc�nts�i.
Car��, C}tiapte�r I� ex�;ludin,� ar7y �ru➢� �g• pa•�s��i��le �h�t wo�ald refer tcro �q�cV aPply the subsfatrtir�� lav� co-f an�ai&�e¢� sl�at� ai•
I�r•i,s�dic�ti��n. All °as��ues �a•�s�ing ��i•�i�7 ��'l��s ��a�ttract sh�18 be re�sr�lvcd iiv the� cc��cCs a�f� ➢�ce�t�n C��r�t�nty, T"ex�s and �}��
�a�r�ies ��r�-c �r� subrni� �a t�he, �xclusierv pca��a�r�l ��r•isdE���irat� of su�:V� ���t'ls. 'C'he fo�•e�r��i�ig, htr��✓ewe,�°, shall na�t k�c;
ct»�slra�s�c� cag• inf�en°pa-�t�e��E ta Yi��it ca�' rGSh'uc� the ��i��h� ���• �b��ity �f'th�e C�t,y ira seek ai�d s�c��xre im�j�nc�tiVe celiel� �i-�r�r.
atay �;�r���terrt ar�t8�oa•i�y as ctra�temptated 13ee��;�rn.
5�. QIVV.�ifl.I1)�'I�Y.� Tlae in�va��dity, dll�,gal�ily�, c�r ti�nenfarce�L'akity �sf�ny pr�v�siu�t� oi'kh�, �c�n���ac��t sI��1C in a�c� ���y
af�ect khe vrt�l�dflty pr e�7�fa�p'�e�'l�Illaty c�f �t7y r�th�r pc�i�ti�i� t�r pcovmsi�a�i7 caf khe�� �.��r'tea�k. €;my waid �a�'a�vis'�i�� s11a11 tre
�&ee�ro7e�' �s�;ve�•�d frc�n� lhmc �C'o�rotracr and t�he ��lar�ce a1"rtk�c; Co�i��r�ct sh�alA �e; z;�nstg•�aed �a�d enl`�7rce� �ss �f tl7e �arlEcac�t
di� nc�t ��it��aia� the �a�rtic�tal�r ppeti4�r��� s�¢� p¢•��visicr�� l�el�� ta k��e: v�raa�. '�'he �aeties 1��s��ktrca• a�ga•ee t�� �°ef�at•�t� th�: C�ra�ts•�cl tr�
��epl�ce arrey St'r'sc�C��en pm'�wisi��a �with a u�ali�0 }�ravisi��t7 t1�at c��am�;s �s cl€�s� as p��ys�l�f� f� the i�rl�nt vf ih�e sfrockcn
�rr� s t � �
pl•ovi�ir�n. "V'h� g��'ravasior�s �r!i�thfis se�tic�n ��rall n�r�t prcver��� �hi� entire Ccrr�tra�ct f���nti beir�g v�!i�i sh�hul�9 � pr�visi�arr
�ultaclt as tlie us��nc� �if the C��rta��ct t]e �ieiet�mir7eci lcr �o-� void.
S2. [dt�LIDAYS: �'E7e fcall�a�vir�� hcr�ir��ys ai��, c�bsca�ed by t�7e C',aty�
���v �''eai�'s I)ay (c�taservcd)
d'�9daK 17ay
t�'Icn�ori�al Day
�It�i �f Ji�l�r
�,abra�• L7�ay
Ti'ha��ks�ivi��; I)a}�
I)aw �".t���cr� T�7�anks��vsn�
(:hristmas Fv�; (rabscE•w�;�l)
C:��r��P�tas 1���� (e�b��e�i��ed�
Tyer�r� �°ear,� ta�ty� �absei•v�d)
Qf a�e���9 1 Ic�liday fa�ls �rr �alur�iay, it� will be r�bse�•ere� ��r� k�te prece�i�n�� lF�r'id�y. [f a I.egal I6ali�@ay falls or� Sttn�ia5'„
ik �vil] be abservec� c?r� t&�c follo�.�rin� M���r�ay. N�m�inal 11��urs ��i`a3�ucr�tiaa� s���ld he tael��^een �:Udb ar�7 a���l �3:(]� �a�n,
Manday lht�cru�l� 1'¢°iday, e�clu�iin�; �`mty �rf De�ta�di �1c�1'r��ys. .++,i�� �checl4�l��1 �lutivci°ies or Wvc�ri< pertr�rsnar��e i^���rl
w�thi�i thc n�aa�•�t���l l�ic,an•:� bf �!�a��-ati�,a� Qtr►ast b�e �r7��s•�we�l �xy tfro� C'ity dv[a�n��er c�f IC7��t�tr�iy, '�l�cnas a�r i��s auih�r'p�zed
desi�nee.
S3. �iJ&��^'I'VA,B�I�,I'1'Y" (DF Cb�3�.I��.4"i'�It�N�: .hl� prta�����sir�ns Qf the� �`�a�t�i°ac�'that ianp�rse c�a�tit���n� a�'b0igatirar�s �n
t.he p���Yie�s, i�t�;luc�ing �rt�� nc�t litr�ii��d t�r k1a� warm°arrty, ur�deat�n�ty, ��d ca�s�f����rrt�alil� crblr��af�iorrs c�f dl7e ]�ariies, shal'�I
stat�vivs� #he e�p�X'atit�n r�r tern7inatiori �i'�hc C�i�tracC.
5�3. d""+YQN-SLJ��'�l`V'S�(1�d"d f)�22 L)I:13Al�,MCNT C'LT�T�FICr'�,'Ti01V:
"I"he� Cit� a�� Dent�at� �� pro}�ibited �i•��t7 �ant�•�c�Ci�r� �vAt�t oi° in7�k�m7g pri�ne �rr �su�-a�r,vard� t� ��rtic5� tha� are �uspc�7�9e�
�rr dcbai°red car tiv�t�ssc pr•unci�al:� �jre siasperade�C c�r �6cb�a•recl fi��trr k�`�;cicrad, StaCe, crt' C'�t�� of Dentc�m C"�ntrac�s. F3y
ac�;e��i�� a Car�tca�;t wdth �17e Cit�y, th�� `�✓e�tic�r �:ea'���Ies th��t �its I'ars-ra ���t� i�s �rrinca�t���s arc n�t curu-extlly s��s�en�rJe�' c��°
d�;laara��d �'i•����t �r�ir�� l�u;��ine�� r��i�ln tf�e F'e�er'�tl �C"aervea��rorr�e��t, ��s� �ind"acat��r] �ay� �1�� Gcnc;���l 4e�rvices A�roiE3istr•alic�n
�,ist c��f�Partie5 }�,;�cluded fr•c,�n F'���ciera] Prao�ur�mu��k ��nc� 1'v�crr�-Fro��u�rc�ent� Pro��'�n�s, khc �iate a�CTex�s, �r the �Cit�,
a� (' f�um7ta�n.
55. G�19A1� QJPFf)ItTL�NI"["Y
/1. ��wal ��n��llt�y��ent (}��Fno�•kurtiQy: N� (7feea�a�A�, or �)fl"�co�''s ��co��, sh�l3 en�s�gc in any a��se.rin�inaftt7��yr
G�i�ploymenk praciic�e. 3�dr� �c�•san s�all, c7n tt��; �rc�unc�s crf' m•ace, sex, ��e, cCis�abili�y, cc•eea3, ctalcar, ��i�etuc lt��ii�g, a�r
ar�Qic�n�l 4a�'i�it�, �i� ���eiused Ctr�; b�¢���fits sa� �c��' b�; otl�e�rrums� sa�p��jc�cke�d t� d€�cr��t�ist�tia� rancle�• a�t�y a�;Civit�es �'esu�tin�; fi-c��rn
¢his [�P^�.
�. A�nea�oc�ns tiwitEi �is���i9ities A�:k (A�A} aC�m��iia�t�ce: �1�a �It�tai•, ar ()8'fec�r'� ��e��rt, slaadl
en��g� an any disc�°im�t�atc�i��y e�n�loy���er�t ��ractice� a�ainst in�ivu�E���ls widh d'us�bilet'ies as �l�;�incd
t11 th� .T4 I�h°t..
S6. 13L9`Y AP✓IGRI�AI'46 ACT-SU�'��1CS �A���lica��e to cer#:�8�� �`�dea���ly furaad�ec� r�+��nag•�enieau�ts)
T��; f€�l�ta��^�t�� f�d�a•ally t,ua7���d reqG�¢�'�t��:;ttts �a•�e a'PP�ic�al�➢e, ir� addilittn k� t�e �pe�;iGc �'�dei�all�� C�n��e�d
�'e����a'c¢t�cn��.
A. �.)ufinitic�ns. r"4s �ised ir� t�is ���wt"a�i•ap� —
i, '"!C'ompr�ner��" rr�c°ar�s �r7 ar°ti�lu, irrute�•ial, c�r supp0y ir�cor�aorat� �1 clia°eckly i�rt�a at� �rrcR product.
ii. "C�st ���uc�rnpam�ea�ts" rrte�ns -�
(I� I�°e��• ce��m��a���nts p�m�,�c���sv�� by 21�e S�u�p�licr, Yhe ���.��t���iECc�rr �ost, inc'le�di�ru�, ��ransport�tia�p� ctr�ts tcr th�e p'la��:�; c��`
it�cnr��m��lsra�n ir�t�a� kl�� erdci pr�dtt�t (v�h�:kh�� oi�� nt�R� sucPt �ec�st:s �are ���id ta �� ���-�me�tic� f�rrt��, nnd �oiy ��p�diwa��bflc duiy
(rN^hetl7er sar ttc�t � ci��y-�i'r^�; entm°y c;er�i�tic�atc is ias�a�d,y; r�t�.
(2) F�,�r• cori��r��7enCs m�n�afact�u•�d 'by t�hc �S��pli��, aNl ccrsts a�scactiaf�v�i �wit�Er the manu�faakui�•e �f the cc��np��i�ent,
an�cludi�ig tr�r�5p�c�i°tati�tt c�a�st� ��s a�e�s�;r�be,d i�� }�ar��r�ph ��� t�i" lhis t��fir�ition, plus �ldc���tiblc n��er�ead ���sts, httk
�excCua�i�g �r�a�t. C�'�s�t r�t ccarriga�ne�rts a�o�s� it�t' incl�t�d� any casis ass��;a�a�tc� wrt'8� fhe n�anufac.�tur�e �f t��e eu�r� prc�du��t,�
ii't. "°7��mestic et�c1 �r�ac�uc�" n7eans-
(� 1 } Arr �rrpmanuf"a�tur� �;nd �s•�dtxct mis�ecG �r }��•a�t��AC��c[ �in the �Jt��t�cl Str��es; ��-
�F�'S115
(2) An cnd pe`r�a�.ict m�tnufa�;Q�xm°�:�{ an Yhc Unvtcr� �tatcs, af the ca��t �f its etainperner�ts mi�red, �ru�u�ed, ar
Il7tianuf�cR�ao�d 'un ftne [lnited '�t�ake� exce�d� S�➢ pea����r7t caf� ¢h� c�a�st i��C �lf i�s c��orrr���rrr���nts. G�i��p�¢��mts �1' f€rm��e��i�rr
pr�ig�in �� �ts�; s��c elass ar i�irld as thc�se that t�7e a���cy c�eiea•r�i�ru�s ��•e raa�t rniaaer9, ��r�rdtsce�r�, aaa� arlar��tacR�sa��ed i�
su�c�ent ��� s�easanably aw�i���bd� cornrrsei�.�c�ial Wl�a�nt�ti�s nf a���isl�ac�ot`y q�al�ly are ta•�ated �s dr�sn���tic. �'c�a�
�emerat�d, c�,llected, �t�d �ai�e�raa�ed fcsr }�i��cessirb� en tlie i�ni��c� Sta�es r� ctre��i�itircci �i��t7�stic.
�v. "E�� pi•a�6�e�'" mearrs th�,se �ma•ticles, nt�tea�ial�„ and supplae� to l�� �cr�uieed ua�d�e tt�c co�-�tratit for �SUl�lic use.
v, '"'Fa�m•ei�a� erzd p�•�r�d'uct" rr�ean:s �n er�d �procl�ck er��hei� �h�� a d��r��cstic �nd pr�c�d�ucti�.
v�i. "l�m�it�d �States" a��earas ih�e S� �iates, k�he D�istric� c��Caiu��aia, �anc� �u�tlyic�g ar�as.
�. T�e B��y C�,n1�r�c.a.n �i�� ��4t U�.�.�C. 'V49� - 10��1)� �s•�avid�s �a pre�fe�����ce 1'r�r� clo�tes4�c� e�t�l p�•c��c����;ts fas� si�g�plies.
�cquit�e�l N�a�' us� i� tf�� L�nitcd St�rtes.
C. 1'he Git�y �i�bus n��� tnainkain a list �f %oi°�e�i�n ar�icl�s th�at w�'i] l�e to•�at��i �is dc�dnc�stic �%r kl�is ��trt�'��.t;
b�t w�lf �^c�at5ddec faa• ap��ecava[ f�rreign artiales �us ci�n�wsti� f�r t�ris pa•�rdtiu�fi� ii'th�e ar'[ial�s �r�c �n a list�
�mppt�rved by ar�aktner (;n�errr�nentai t�.gency. "�'hc; O�'f�rc�r sh�ll �u�rt-n�� c$oeumen@r�di�tt ���t� khci�� C)ffer
de�ru�ans�k���ating IYr��at l�h�; artic�� is �rr as7 a�g�roved �',�ve�'���rnurntafl lisi,
D. The :�u��alie;r• shal� de^]�vcr s�rnly ��iz7est's� ena� �a1°c�c�a��ts �xc�pk to the e:titenk th�t i� specifiecl d�;livcry r�f foreigt� ea7�
pr��d�.a�ts en the�� �rnwisir�n od��h�'Ssalmc�'tatic�n crrtitl�ed "'Br�)� .�r�e�t'i�an P��t Cei�-tif�cate�'�
5"T. RIrGI3T T4 I�F"Cf��2GbIAT�+�N: "0't�c Ci4y �nf L)�nti2�n res��'v�;s thc ri�hk k� use any and all irof�i��n�R6can pa�ese�7C��1 it�.
�r�y r�spc��s� So 2his soGcit��no�� wv�7et�her arr7eitded ae- ��at, ex�;u}�t as �rr�l�ik�it�ed 6y 'Iaw. Sele�ct��an at rcjec�i�an al' Ehc�
sut�c7roiltaB �i�es rurat affcct dhis ri�l��.
S�fi, Ia1+C�N�G �+C�S �R "CAX��; �r�,vide€�' thc scalicikatic��7 i°equit`es a�y arv�jrcicd st���al�er ta�° siap�i�ui� to be lacense�i by
the S�a&e ca{""�"c;;��s„ ar�y and a�l ie�s �nd Cases a�°e t�e a�es]�ty�s�b'ulet}� c�f tt�e �Lrppleer.
59. P'Rf+;VAIL�N+G WAG�, R.�,"i"�5: r1I0 su��plAe�'� �vi[I l�r; rea�uired kr, c�,�t�g�ly �vi�h 1'i°ovasimr� S�59a ra�'"�erna�n"s
A�nu'i�a�ated C:�wal St�ti�t��'" ���"t1�� �¢��te c�l`T`�;��s ti�°ikh re�speet tc� ths: p�ay^r�7ent c��f�pr�v�ilin� r�a�u a'aies �nd pc•crk7�iL�itfn�
discria7r�an�ti�r� in the em}�It�yt-rm�nt �ractices,
I�tt�l/�a-ti��k t�ca��;���.��ac�,t�rre����t��isl�;�c:u�a;fv.lrfrr�l
ti�t. �C'()MPLIAi�,iCE W m"�"H �4,GL STA7'�:, �'�D�I2AL,, Al�ki1 Lf�CAL LA`k�4'St `�'I�e cuatta'a�;k��° c,r su�apli�;r sha19
�;t�tttply witl� �1� St�te� Feder°al, a�ld ➢��r��al l�ws� a«d ���quire�i�enfs. `➢'6�e S�ry�plue�• tnust ca�tt�ply ��vith �l8 �ap�li�;��Zlc lae�rs
�at all tirnes, inLl�a�iir7;, tir,�itll�ut �itnakatir�n, the tnl@�wira�: �o) �36.(?2 nf tl�e Texas Y�nal C'r�de, ��,�hit�97 pr�+hibnts
b�'ib�iy, (ii� ,��"3ii.J�I cai'thc "1'�;xas Per��l Co�ae, �vh'i�li prra}tihits t�ic caf�"c�•in� e�r° can@'e�`r`in,� e�f�benefits 4e, public
�seg°va�is. '�"he ��p�atier sha�l �i�!�e �I1 notic�e� a�d co�rr�ply x�r�kk'� a�l lav„�s a��l a'���ilaii�n� appm�icable'fo f"u.rnis�7i�,g �nd
g�erf'cae�iaama;e crf"the C��ufr•act.
63. t�"��➢��2AL�, S�"1�'�'I�.�, AfiV� L�wCAL Ci,�4�U�I�YEI4'�EN'�"S: Su�plic�° sha�l �1�irre�nsRrratc a�n-site co���}�loat�ccz tivit�
llic 1�"ederal 'I'��; ➢Zef�arm A.�t �f 1���i, Sectiai� � 7��, anb�a��1�t�� S�ctio�7 530 c�d'khe ���;ve�uc; �.at of �f ➢ 97�, �i€;aIin�;
with iss�tanu�; �f fl�carm '�,'-2's l�r c�at�mc�n lau� �m�lr�yees. �;u�pliet° �s �`�:apca�sihle fc�r �a�rlh teclerad and State
uri�,mpl�yn7ei�g at�su�'atgc:c cov�ra�;e and stancl�s•c� Vv'�ra�ket''s G�mper�s�aticsn i�r��aa�an�e, a:r�vera��e. Stz�pl`uer sh�ll en.st�re;
�c�n�pli�:iroce a�vitl� �tGl �i��eraB arud S��te t�r�x la��a+s a�r�d '�vithl�o��in� rec��t���ern�ts. `1'wr� �'ity �c��' [)en�t�n �ltal l�e�t he I¢�bl�
ta '�u�p�bier �t' i�� cmpl�,yee�s fc��r �ny Uner�r�]ayNatea�C ��''tiVarke�•s' C'orn�rca�sat.i�m c�ve�ra��e, �r te�e��N'a'1 ar ;S�ate
+�vithl�raldin� re��q�iu�a�rne�rt�s, SuppCie��• ;�h��ll ar�c�r;mrrify �Iroe C�dy ��' �ento�r a��D :�fYa�l �s�y all ucrs�ts, per��lt��s, ar l�sses
�'esultinp; Pi°a�rn 5�s�plie�•"s ornis�irar� oc° t�r•eacf� caf`ttIlis ��ectiran.
62. �RUG FR�E'�°k'CD1�I�P'L,4��,: "1'�e ��ip,�slier �h�ll ��n�ply �,�r�ith fh�;�pplic�k��e �arov�isicar-�s �afthe �'1ru�-�;i�ee�
War� P'lace fh�i of ��8�� (�rGbl��: I,��,r 1(l�1-G9�Y, Titl�; `w', Sa�bti��e I�, 4'[ 1U.S.C. 7�7➢ E'�' �iEt�.} �.t�ci r�na�nt�in a��°�t�-
��ree �v�ue•k ca7vir�nn�e�t; a�ttd th� firr�'I fl�i�Es�, gav�;r�re��ttt-wia��; cuq��iresne�7qts f�rr d9�u�-�ti�G� w�rrk� place {g�'��i�ts�, i�sued
hy Ll�e �ffic� c�f'Ma�t��en�cnt ai�d �ut3gGt �s¢�� t�e I:Fe�,arlrne:nk caf'Lbefense (�2 CI�'I�, P�i�•t 2�0, �ub�aart �`) t��
ia��q�l�m�i�t t�ie �r•c�visq�rtrs u��kf�e Drug-N�a��c: Wc�c°k Plac;� r�a�t raf` ��18i3 is i�cc�ep�oratc;d b�s reference an� tl�e saipplier
shaCl s;c�n7ply �v�t�7 �Che r!��a,vai7k �,rc��risici��s Qt7e�°e�ri; is�cl�c��n� any �snendrtxe�rts tc�� f�hc fii�a] r•ul�; th�d' nnay huraaf���• b�
is�u��,
63, �CSP��IEFZ Li,�FII:L,�"I'Y f+'Q� 17iAfVI.A�GE TfJ� G+d"�w'Ei21VIViEI�T �'R(3F�RT"�': "I'lie �u:�,�a�ier shal] t�e 16a1�1�
Pc�r all �1�ima��es t� ��rvs�t•ruonent-�rwr�ne�, l�ased, t�r �ccu�ic;�i �r��aerty an�6 ec��ip�t��;nt ca�ase�i by tl7e Sup�IA�;r an�! ils
etriplc7yees, ag�;a71s, subccantrac�o�°s, �ti�c1 s�pplie�•s, incl�r�in�; any deaivee�y a�c• c�rt�g�; cc�i7�p�cry, in c�n�ae�tic]i7 tivi4h �t�y
��� s r r s
p�a,forralanc� p�.n's��a�t Ca the �'�ankr�m�k. "1"tl�c S��appl�ier shall �7ea�ify ihe Cit}^ �f 9��:nlon Prcaeu�•e97nent 1M�iac���ge;3� rr� �•�iCing
�$�any su�li d�an�a�;c wilhir� ��r7e� (l� calernda�r day.
64. 1?CAR�CG MA.�G1�1��;, T&�e C'ity �rf I��i�ton, any Gustomer, arad the �u}�plicr shall ntal �e �•es[��nsiMle for
peu°f"or�mance unde�� ftt�c Crattia°�c�t shr�u�cl it Me pm°ev�nkeci tcc�nl pe�•t+�m�marmce �ay an act rafrvao', e�m'�8er° oi'le�;a� autbrs�°ity,
a�;t otl, Gi�cl, or nthcr �in��v�ridable ca�ase nc�t atti°ib�itablc tra thc; f�su:lt or ne�li�?er�ce ca#`th�: �ety t�i' T�e�tlar�. in t��� ever�t
ta�"an c����u��renc�; �ai�er thos Se�cti�rrt„ k�t� Sup7�lier' �v�l� k��e exu�ased fu�c�nl any furC��t� pea�forma�r�ce ar ���se9°vanu�� c�fkhu
�•eqlairerr�unt�s sa ��'fect�ed fa�r �ms I�ng �s su�^1t cb�'�uttwsR����ce�s p�re�vail and thu SiApg�lier cc�ntin�es tc� use c�o��n�rcrcial�y
r�easai�ablc eftc�i��t�s C�a a•ecc���mence� �crfcrrma�cc oe �bser°vat��c� ��heneve�• �a�id to 4vhat�;vei� �xterrt po�ssi'61e� �,v�th�ut
ci�¢�lay. T�he :�'�pplieo� s��19 i�nv�;��ately tr�atify �[he �it3r �rf D�enta�rr ��c�uu��erner�t R�,�f��rra��� by teleplrpn�� �ta be
�c�p7tnrntecl un �vritirr�; wr�uthi�t �ivc; (5) calet�clat` ciays �f the irace�rtic�n �f such a�cciac�rc;r�ce} and descr�be �� a reast���able
Dewel �af dctail thc; �c�r�c�Gm7����nces causin� th� r�r�n-perfc�rn�a�ce ssr �Vc4�ay i�a perf�arn�ance.
�rS. N�AP'�-W.4�WFR ��` �2i���-TI'1"�: Fail�re �ta#' a P'arty tc g•ea��iire �r��°f�r��•r�t�Rtc�° b,y^ �atodl�t�r P��•t�y ����d�r t�re C�rrtra�ck
�uill n�t aff��;it� f�tae ra,g�7t �af ;s�¢ch L'��Ky t�cr r�qtiuire� perfcaranan�� �a1 t��e fiatdn'e. %{a r�el�y, �"�ilure, c��• w+�i��er ok �eii�l�er
�'ai��y's exc��cis� a�• ���rts��l �e��rcise �f aa�y ra�;ht eri- re�Yied� uiader the C�onts��ac� sf�altl c�}���'ata;� tct Uit�pil, ir�pai��, �r��lu�i�,
�;�n��l, �,�^aive �r�• otherwisc ��fect 5uc1� �•��h� r�r i'�;n�c�y. ,4 �v�a�u�:�` l�y � I'ar�y �7f' any �re�ch a�" �¢�y term �f the
�Cc�Mn�is-�ct ti�^al1 a�at be c�rr�st��u��d �s a��r��evcr raf a¢ty c�anti�z�airrg o�r sa��cc�c�s��t�,� b�'�;�clz.
C�6. �i� ''1�AIW�Ii i.l�� �C�VLIt�TIGi�� INd�I1Jl�1`ID"Y: '17�e C'�rCiuS ex�re�;sly a�ree th�at n�s �,�r��vusiorv o��She Cat�tract
�s ic� any �v�jy infcnr�c�i t� �;�at�st�tutc �t �,v�ivc;r` by �hc �"aty raf L3cr�tan caf any in�rrtur�iki�:s 1i'�an� suut s�a' fi'c���� laabiliQy that
th�u City �f"I7eni�n rn�y h���e b�y o���r�Ci�n ��`lavv.
67. RGC�F�,DS R�'I'�C�J'�"I(J�'J; '1'��c; Suppli��- sl�all fl°etamn all �inancia� rec�re�6s, �;up�orEia�� �io�c�in�ent�, :s�atastical
i•�caT�ds, ��d arny o�hea° i•ecor�s cai• iaoaks i•clatiul� kcr k�re pee�`�rmances ea@led �`nr• �n �he Ccan�r�ct. �I'h� �u�}�lier sl�all
a�eta�ii �11 s�acl� r•���nrds f�r• a�perecad r,�` fol�i�- (4� yea���s afl�a• i�he e;��ria-��i�ara c�l� th� Car�arac�ta o�c i�ntal �t8�e CI�A or 5�taic
Audctar's (Jtii�e i� s�ati�sfed tl�ai ��1d ��u��it �n� ]itigatioru nr��it�ees ��•e resalvecl, whichev��• �pe@�i�� �is [�ar�g��°. `I"hc
S�i�pl�ea� siroal'I �ra�itt a��cess tcr al'I ��aa'ks�, re��aeds �a�d cla��un��:u�t� p�;rtii���t tr� the �'��nlrac;t tc� �11e �P.�, �thr; St�k��
�4iadi��A° o� Te�xa��, a�i�cl �any �ed�r��al goae�•rr�inenfai crmki�y t�r��t h�r;s a�t�Vis���i�ty �t� ��°a;vis��,�✓ r�ec�ca��ds �uu tr� ���cr�N ��ia�ids
k��;in�; spero� unc�er t�e C�r��ract.
�.r� s � 1 s
�a�h���� �
�p��ec:i�l "T'e��m� �i�c� Con�1'°rti+ons�
"Il'l�e iQr�antit're� �tacVicated ��� �xhi�it C���c est���wates ba:��d �,�pa� t{�e b�st av�Alabl� A�tcar•cr�at�an.
'�h� City re�erv�s the t�AgC�t tc� i�r�iNease or decr�ase �he q��arutitics tc� r�aect its ac�ual need� vvitha��t
any adj��st�r�eruts in the bid �ri�e. Tr�divfl�Gial pui��;hase r�►�r�ers +�rild b� issueei �c� �� as rjeed�d
bas6s.
��•�€luct �ha� es T)u�°in �+antr�c�F °I'e►°rn
'I'�e s�i��l��r sha11 �ot ch�3��c s�recif��tior�s d��rir�� �h� cor�traet t�i•m wflti��u[ pciar ��prcavai.
l�ny d�vi�ti�m� in tB�e spec�ficatic�Has c�a• char�ge in th� }�rc�d�a�� ��ust be app�°oved �n ��ivau��e E�y �he
City nf De�ic��. N��ec;e �f a chan,�� �9��I1 be s�ab��7�t�d in wt•iaan� tc�
clentut���uz•�;hG��irrt�'ct'c;it�;°c�(cls�r�tc�d� ���a�n, ti�rith� �he at�av� fin� d7�aa���cE° in the s�ub��c� li��e, I'c�r rev�e�w.
Pt°�d�rcts ��aunc� t�r have chan��d sp�cdfi���ions r,�ithoaat etaid�°i�at��p�, �nd acc�pt�nc�e, wil� �e
r�turned at tP�e saAp�Iier's exp��s�. Pr-aducts �hat have bee�a i�tstald�d will be i°epiaced at t&�e
sup�lier's e�:pe�tse.
�o�nta��ei Ter�
7�flae �+�ntr�ct te�°Ilr� �rvil➢ be o�e (➢} ye�r„ cf�'e�t�ve fi�crrn d�;te oi �wa�•d, '�"h� �City arr� �he A,warrEed
�c�n�r•�c���° shall have the �pti�rr� �n i°caaew thi� �or�tt•ac;t f�ar an a�dai��a���l twa (2} c�rfe-�rear� �erlo�V's.
`�'he �`e�n�ract sfl��a91 c�ae�r�ner�c� �ip��► �he issu�r�ce �sf a ]'�ca��ce a�f �:warci �iy ��ie City c�f ��nt�sn and.
sha10 a�ut�matnc�nly renew cac�r y�ar, ti°�atn th� daQ� of av✓a�•d by �CCity C�auncil, �nlcss eii�et° �a�-ty
�ac�ti�aes �h�e ca�he�• p�ri�r�• tr t6�e schedeale� �°er�er�r�� d�te. A� �he s�le optio�► ca�' �he City af aec�����,
the �a�nt�°a�t m7�y tae fiar•the►� ext�r�c��d as c��ederi, nat ta �xceGd a toial �f si�: (�} c�toi�ths.
�"r�c+� Es��l�ti��u �nc� D��-e��:al�t�ian
F'rices ��;a•eecd �o��an d�ie•ing �he RTP p�•c�cess �nus� l�� �r��r i't�r� a}�ce•ir�d c�C nznet}� days �i°crrn �ate
cl��e dat� c�f the p�-opQSaV. .�:�ry requ��� f�au• �a�°�cc �dj�.istrr�ent �roa�ast kre 6a�scd a�q the, ti1.S ��e�aaz°t�n�ei��
�f L��crc, I��r�a� �f �,ak��am 5����t�is�i�s, I��•�duce�x• Fr•ic�e �nd�x (�'PI� fai� 1�°�n, S�tea➢ Pipe ��x�( T��be
�i•alru p�zrc�ased ��eel (P�"�93312�033121a� as fc��er�d �t (17�t.p .,Y't�;°�v�v.h�s,�;c�w�/��i hc�����;.k�t���}. T�e
g�ric� willl l�� inca��as�d �ar de�;reased based upc�n ti�� d�c�rutF�ly percerria�e c�ran�e in �h� la�est
p�ablished PF"�. "ihe escala#i�n w�lY be �eiea•mii�ed r�c�r�t�tly. �houlc� �he 1'P'I ch�ange ex�ee� �
r�ini��tila�a �h�•�sl�c�l�i vall�e aE+/-1°/m, t�ien t�te stated �lug�ble �ric;es sh��fl be �djusted irt �ca;ta�•da�ce
r�rit�r the P�f c�ran�;e, �'�ac st�ppiAer shc��9d p��cav�de dcac�ut�e�tatu�n as pe��cer�t��� �af e�ch cost
a�s�acia�ed wwith t�e ���it praces �uc��ed for cc�nscc�e��ati�ru.
T��aI C+�ntr��� A�ounR
'�'h� ca�tacn t�kdl �'c�r s�rvlces shalfl fl��� excecd $1,�6�,(lf�� per ter•cr�. �'t�icin� sha91 b� �aea' �xh3�a�h
C atta�hec�.
�F°&' S1 I5
EXH#�IT C
�upplie�'s P'ropasal
�lr "� � �►; , i �. � � _ � �
� . � � � �.
� �. `�� �w .
_ _ �
� � , � w _: ,.
���p+���er Falco�r Stee! Cc��pany
IEsk3rm�ted ����t 1'eaC �stiimate�d l�o�al [�eli+r�Ery
i7�M �� u�o� C�escro�ti�n a�,�,��i
t��nanrtaty �nit ��st A�na�al Cost (ti�4feeks A,RCi)
7'a er�c� %r�crlar Struct�res
Stra�ctarr�s (�rrcdudi�c� asseraabl�f bo�fs
� �A 65' oue�head sh�e�d wire pca6e 13 $7,724.Oa $ 100,412.�1� 18-2Q
2 EA �3�kV F�-frarra�; transmissic�n terr�rinati�an str�ckure 8 $2�,432.00 $ 179,456.(hfl 'q8-2rJ
3 �P, Lia�ht brac0c�t fpr k��e�ed tub�las'sttuctur�s 4Q $42.00 $ 1,6F�U.0�7 �8-2D
l�flCifl�D�"�f3/iJ�SS�/d1�.1�l�S (If7C�{l�dRT� f�.'flfli��!��25)
4 EA F�nchsrr as�er�biies ��sr 65-C�Sf�'JUq1 �� $�5D.�bCD $ 7,�5d.OG 1�4-16
5 IEA flrrcYroor�ssem�aliesft�r138-TCtS02 16 $1,1470.�1Q $ 17,,Fa470.4�q 14-1G
Addi�r'ranal SFructtrre o;rStr�r���re 1tMmd��cafic�n Prr"�cirrp
79 �LB C'r�ce cha�rge per pound f¢�r de�re�sira,g struckure heaght 300 $1.4b $ (3fDQ.0�)
2fl L� Price eh�a�rge per pr��and f€sr o�rcreasim�g struct�re heig�t 1(7�}q $2.�a $ 2,J�U.r�t1
21 LB Aue��ge prRCe per paurnd �c�r add'ong a new struciure 2��4Q $2.a�7 $ 4�Omi�.QQ
FabricaCor:
Lraca�ipn caf Fabricakir�� Facility:
_
a va�neze s�a staiuran f�bricat�an exp��ience: y�ars
Xears af ex�erier�c� p��rv�ding galvanized, t�pered tu�ular s�eel structures t�a uti'��ities i� khe U�n�ke� Stat�s o�
Arruer�ca: y�:a�s
�. Numbe� af simalar sutastatia�r s��e� prnj�cxs sh�ppec3 in t�� lasf 18 ra�an�hs:
�a. Perce�ntage af shipanents that did noE sM�p on ��me;
c. R'�v��age delay frr shiprnerafs ��rat did ncap sfrip can tum�*: (days)
Af th� fa�aric�kar ies fo�e�g�r, at�te th�: name and locakion �f th� �a��li:ky in the l9� #ha# will be �as�d in fhe everu� 1h�t.
rep�irs ar cor�eckimns are raecessary:
th�re a�y exc�ptia�rs ta� th�: sp�ci�rc�ii�arr"�
F�ayrr��rri�t "Germs
fnvoice F'aid ir� 2t� �f
Iravoqce F"a�c� i� 15 d
Invo�ce P�id ir� 1�l t�,
Fal��n Steel
Fialtom Ctliy, TX
5�
4U
�5Q
3-5
7
NC�
�lddirtipnaA
Riscauint °/4
ii.5a°l�
Q.54%
EXH1�IT C
S�ppli�r°s Prap,nsal�
+��"�"� +CDx+ �LI�1'�'C��'
�t�I� T�f112 S�T�'1'LY +DT` +�r"►fl,VAI'l�tfZ�D STEEIa ��°FtTJCTUR�'S �"�IIt �UB���TI�CINS
c ,'i+y'i6�''► . Mai�r�;1." � � �l��. :iw� w ,��;: �
� � „ ..
� , L. a �"- ,� M� �..
I. ���t�•������ ����er �`��c�a�x �ie�� �ca��1����ty
2. A��re:ss (I'r•i�ci��al �'�:ace caf �t�s.��e��j: �42fl� t(,�Icl ��zat��� ��a��l', Il�lt��a� Caty, T� 7G#�.7
3. D�es yo���� ����np�ity h�ve �t� estal��a�l►eci �1l�+sicaI p�•esea��e �tt khe �t��e caf T����, ��� t3te CiI�' af
l��e�at�i�`? �e,� — �ta�t� of Te�s�s
4. T��� �'�yeg� �I�{�: 75m1�53G�'9
5. �d��ail .�dc��•ess c�f I'i�if�aa��= coilt�ck; ��elrilcic�•s�c f��c���skee�,cc�n�
6, V�?ebsite �4,e�<��°�ess: rv��ra�.f;�lconst�el,c�a�tt
7. T������t�rr�e; �(ST7) 5�1�95QU
s. ���. ��i� sst-����
9. ()�t��rLac�itons: ��:�i��'i»a:r�x'�'� �it�l �ulc�s, T�
1�. Oi•ga�aization C��ss:
l��ta�tne�•ship
I»div�t��.1�1.
�Corpc���t�c��� � "�'es
}�ss��c�af iar�
1 i, ��t� �����ilisl�es�: ���Ci3
12, F�r�����• :�3��sine�s :I`���z��: �{�'A.
13, Date c�f �isscal�iticrd�; I'�fA
14. ��'�si�li��•y �a�`; i�11.�.
15. �ist�rrc�lly L�anc�e�•�it��iz�c� B�ysi�ess: �dc�
1�. I'"rirncip��ls �i��i f�ff�cei°�:�
��vic� �xn�tDa � �i�:�i��a�i;�i7 �n�i C�+G) — fi�xecutive I''��au��c�ne��t
.�aaiy�r �fanczal'�— �'�°�si�le�Y�—�����+���eytt af Co����it�! ���s�°�ti��is
d °�. ���y �'c��sa�r�t�cl anci �espc�t�s��ilities;
C'���#y ��r��y � Divisia�� M�����e�• -- �"ac�l�ty 'V�'icle P�°oject �������cata�e��i
4�,�G� 42 �F 9�F(-' '�5�'I a
�x�iBir c
Suppli�r°s P�o�aosal
�`��� �r �M��`����
r��� ��ii su�Y��° �ar cr��.��rrrz�� �T�r�, ,sTr��+�r��r�s r��: s�a�s�r�Tlc��rs
,�4ba°7xa� I'ca�ke�� —1"4��an��ca° af ����i#y ���es
J��lie �C"hil�lcrs -- Pi�o.jcek ��aec,i�it �'rm,ject I''���n��;e�ne��t
1 �. �+Iu�rtiber of Fe����n��e117y ��s����li���� �
L7�is������n�
N�ai������ c�i�t�fi # R�����e1��tB
�xec�ati�ae �T�ea��e�nen��
�A1 �Tl I1��°I"1'I��T
��l'r�?��I17�,T
1'��oclaict�on ���it�•c�l
��►�+es
t�.c��uaiti���
I�uw��•����it�g
�iYf�a°��lTtiai� `�'echn�a[o�,y
�'a°�cluctio�iP��'�i��rin��i��te�a�a��e
2
�
!�
�
5
3
'�
2
1�0
��a�te, Nuan���°s Rep�����cl ;�l.��r�c a���e f+��• �+".�i��an �tee� �c�m�artiy �al'��w�t� C'i�y L�x�ilrhy
��. �I�� }�aaa�� c���x�7arx�= ���e� o� ��ein narnecl ia� t�t�� lit�g�tiQ�� i��v�lvi�i,� �arai° eoin��a��T �a�d tl��
i��v��ei� ��7 � c�ntr�ct ���#lai�� ���e ��s� �ve y��;��� �,��7cfie�° y�atbL° c�rr�•eg�t c��npae�� nam�� ��• �a�y
oth�r° c�b����r�y ���i�Ye� �f �� ��•ovic�e c����il� �f #��� i�s�»s ar�d ��esalitti�n 7t` ��ail�t�le, �u�el�ac��:
ia��a�tr��s �+l��r� t�wwrre�� �r�s ii��olvccl. ��n
2t1, ��c:��� �1°c�vie�c at ���s� (3} th�•�� �•e�ea�eza��s ���cf'eE�r�G1�}r F3r�rrri�i�aerlities� �nc# �.cq�itract
ain�a'rr��. Ii�cfl�uc�� �����,�ect c�cs�ii�tia�, �ant�ct ���t�e�, p�sitiar�, ��d cargan�a�tacr�7 �a��i�� an�
kele��l�€�r�e �7��mUeu� f�ti� ���:�� ��efc��e�cc �iste�i. ��� A�iac���neni F'.
21. �avc yo�� cver def�;ul�ec� c��� �roz° f�til�;� �� co����Iet� � cot�ii°a�i �ai�c���� y�,���� �ti�rea�,i �cmi����rt�
�az�tr�� or a�ty c�t�aez• c�l���a��ay za�����`� ��`�a, v�rl�e�•� �.��1 w��i �rive r��Y��� �.t��� ��1�c�1�a��e i�����k�c��
�f �lwz�e�°. IV+�
2�. �Itiav� �ou ew�r ha�i � c�n#a��ct �e���a�in�:tec� �y tl�e �rhra�er'� If sc�, �rrl�ece <a�icl �vlly�' �ive ���ii�e
�ta4t ��l��il7�ne �����n�efl (�) �f �lw�e�° (s).
2�, H�s yc��ir c4��rr�at7y �1npleme�i�ec� �a� �r��plc�;ye� H��l��a anc� S�1�e�y Pz�r��•am cca�r�p�Q��1t ��itl� �9
�`�ii. ��Ia ``�cm�i°�1 I�a�lusti°y Staa���rc�:�" an�ilor �9 ��'R 1�2�a "�e����°�l Ga���tr��cti�or�.
�t��cl���c��" as t��ey �t��1y #c� yauz° Gc�ir�p�t�y's cxzst�,i��e�y ac��viii�s?
��k�t�:llwwwv.cas���,,�o�aJ��l�ic�s�'��,�e��fawas��c�7.s��i°cfll�t�ai°�?p cic�� t���=�T
���Al����q� , tnc_�e�e1=1 �n kevv�l��e=� 92�6
�',�G� 43 C�{� ��f� �5�115
�XHdBVT C
�c��"�'��i� ��� r+��v
��� ��� ��P�L� a� ����a�l��� ����� ���������� �o� �������r���
��r�.c���r��° �
� __,� � � �w
Poi^ v�b��d�t�• or c�tl���o• ��er�so�n daiii,� busi��+ess fivitl► L�ca�Q �av�c��•rynrer�t�9 �rrt'it!�
T�r�:� r�a�estionu��i►•�e refJec�ts cl��r��es�� n��cle t� th�e I�w �3� I�.I3'.1491, �011t Le�., F�e�q�l���� �es�s�i���,
� - ,� 1
OI^PI�"� LJ�L ((;�`T�l�`l
"1"�zis �pti�skior►rtaik"e Y� ������ �le� 'sn acco���hoe�� �g�i�l� c9���y4e�' �7G �ffifl�Y� Lo��aV C',ro�erirott��nK C�n�� by a �e�•��n ���r�a�e�.c���•�<e
a�rlio lti��s �'l�us�isies� i�ela�ti�rashig� as c���ei���yeal' ��y Se��io�r 17G,�OQ1{1-�) rvi�ta � 1�,c�a gpver�,r��eaut��i ����tity ��ac#� �lpe
��rsan i7t����s i��ec��ire��er�Rs r�ni�fe�• S�ctiori �7�.�a6(rz).
F�y lpr+� tlnis q�iesticriuua.u�e �n�tst ba �Pe�3 ��Stlti th� �•�ccar•ds ��lntltbist�°f�tla�° �af tlre �c���od gnw�u�o�ira��Y� ��nt��ya�o� D�s�Y���
tli���b k��ie 7tli b��as�i�ass �l�y ��fter tl'�t� d�Q�#�� t9�� �sr�an �i�c���atttes ��u���'e w��'�'�cts �tl�lat �•���nr� t��� s��t�one�rt to fl�e �9ed.
S'�e Seciian I'7G.{�ti6, Laa�l Gav�ea•ixne�it Cotle,
}�, �}�r�s�rar� a��»no��iCs a�n �r�'%n��. if [1�a }g�rsai� kaua�wor7�ly vir�6aC'�s ��Cti�i�i 17G�a(��i, Loc�a1 ��v��`�tt�r�e���t Cat1e. �r�
�rffen�e eent�ea� tltis �eekia�t is � Cl�ss C oniscietr��awin�",
Y �1s�eil�e mF pei�s�si r,�l�a MG�as a bG+�lryrss N•c}s�t�c�aeslr��� v,h°i�a3 EuenM �oM1�cu�aa�oaaM}i��l c�ttifv.
,��ulie +G'1�i�Gteys
��Cluc�lc f�vis ��a� ify°aao trve �lou� s��s ��lad�fe fn sa pa•�r8oessly �ilcd reucstCoo�aw�u�Q.
("TMia��� 1n��•req�i�res I�haf }�naK fi9e �oi� iipd�ted ce��e��tiletee6 rc�irestmra�ynni�e �villb ldae �a��ara�ri;ate� �i@e�� �ai��lxor�C� mxc�tl N�aler C����u �i�ru� 7'� laa�sa��iess a��y a[�e�r ihe
�I�rCe �khe o�i�irudlE,y 1'il��� c�uestlas��s�uir� bccar�►cs rdi�Qiu�l�t�� or irr�acci�r�t�.�
�laerre p� ��ac�l ��n�r��ni���erat crCfic�r writlr �x�h�i7t Cle�s� has n�� e�r�pl��riireirl �r fra�sii�re�ss r�9��'i�tr�s@�ip.
i^W'/�.
�a��r�� o��rr���
"�d7is s�cAcan, (iEeral 3 ir�ci�ucfli�g s��t�parts Ft, �, G&�j, rmusE f�� cqr�aple�ed fcrr each affGc�� v�ril�t whorn fh� filem� taas anw ar�;�lcrymenf ar other �a�siraess
relalionship as d�fn�d by S�c6[orn '�76.���(1-a), �e�caa faov�r�met�t Code. Atk�ch a�Bc�it'r+�nal p�ges t+� this Farm CIC� as ne�ssar�.
A. Es the �caca� gov�rrament oft�cer tra�aiecl ic7 #his seciion r�eceivir�g a� II'ke�� 6a re�:ive kaxable ir�ccsrne, �kY�er th�r� i�tv�sfru�esrt %ncasme, f�am (he
fr1e� af t�e qu�s8ianraaire?
� Yes � �o
B. (s th� E#er �4' Eha q�a�stit�rtnaire �e�ivs'a�g s�r iike9y ta receive taxabls incc��n�, c�Cher than� i�uestmeni iincorttie, fro�r� �or at the dire�tioc� of 1Yu�
�acaC ��awerr�ro�gnt oifi�r nar�ed �n tfris seckior� A&�Cb tt�e taxaEale inc�rt�� i� r�o� receiv�ed' ir�r� t�e ���aa8 g�vernmec�tal �n�tiky?
� Yes p�J� k�faa
G. 1� �p'7e fil�r �ai lhis qussti�n�a7re ei��playe� k�y a c�,rpora�i��r o� n�her tausir�ess entsty witla r�spe�i �a �hacf� Ci�� ��r,a� g�v��rnr��nt �ffcer
�erves a� �n ort`ficer �r d�r�cfar, car #��a1ds an awvnersFrip mf 1� p�rcent ar �ar�7
L-9 1"es � h��y
�a. mescri�� �ac� ai�loatior� �r k�usin�ss r�lakionshEp.
p�rsa�a clo�ng t��sirress v�i1li the gov�rnene�da� entily
P,A�E 4� fl� �,'FP #�1 � �
�►�;c�rra�er 12, 2�12
Daxe
�X��IBIT C
Suppf�e:r"s E'rop�sal
�ity �f ��e�#�� �F� �� � � — �'lin6ta�tarr� �,�qa�ir+��ents � �'�Ic�n ����I �awrr�p��y
� F'iv� (5� y�ars �xperi�nc� pravi��in� sir�il��- producfs �� ��e�vac�s i�°� �6�e �Ycarfh
Tex�s �rea
��F�lcor� �i��� C�+�a�pany d��� ,��e�r s�eavicrrag ��re c��i�ify rr7d�rsfr�r f��r�icat��g
g�fr✓araiz�ec�, ta;��r�d i�abt�lat° sfe�el ��a�s����ar� s�ru��crres bey��a�l ih�
�aair��ra�ura� fi�e y��r ,�eria�l i�a fh� �'o,��r %��s a���. F�lc�r� ,�teei
��ampaaay has prv��c�e�' sc�ch structcrr�s �� ccr��cr�aaers s�rch as �i�y
�Pa�bl�c S�a�✓ic� caf �ara ,��tc��7��c�, P�u��e ��a�rgy� ar�c� �raz�s ��+�c�ric l�caw��
�c�ap���fiv� a�l �a� v�hP�ch �r� to���ed' i�a iJa� �ni���i Sta��s.
� !� sfiar��ard li��r�s� �r �er�if�e�tian i� a�plic�bVe:
a� �d`/A
� T�i� irrdividual c�r b�i�i�aess r�usf ��e re�ist���ed by �h� �t�t� Qf �'exas vr �1��
�Co�aroty +�f De�t�n as � busir�es� and ik�� r�usi h�v� all lic��u�ur� req�aa��ci by
the �t�te ta provid� ar�y s�rui�e�.
� �f�fe �f �`eacas C+�rtif�c�t� c�f f�a�vrpora�ir�r�� �'d���`�r° ����9�9, c�la�ec�
Au��s� 2�, �9�,�.
� ihrt°�� �3) ��fec°errc�s �r�m gc�v�rnine���� erat�ti�s �c�r �Y�e �r�ducts ar s��+,ric�s
r�qu�ste�. TI�� �i:�y pr���r� ��f�r��c�s �'r�m� m�nicip�lit��� �f sirrril�r srz�
a T�rrs re�g�re°�rr�erat �r�s bee�r fi�ififl�d faa Atf��h�me�t F ass����f��' �vrth ifr�s
prc�p�as�l.
��'rc�vCde irr�f��matian d�rnr��stratin� a defin�d level �f i�d�u���� kra��ledg� �n�
un�erst�r�ding.
c� J��Ic�r� St�B� ��m���y ha.s be��, �'esig,�i�a,g ar�c� fabrac�#i�� +qr��l�f� s�eel
s�re�c��r�� f�r a�► �e�rs.
��'h� nr�d�v%�du�,i �� bu�in��s r�ust di��fose aray b+��an�s� r�lai'r�ns�ip #hak �o�r��
h��� arro eff�c� �f � cc��fli�t �f in��er�sfi.
a �Qrrfli�c� �a�' 1����'esf st��err�e�� �,�G1u��� �s At���hra�a�rat �.
� P'r�v'i�'� in�orr�a�ior� indi���ir�� t�t� a�s�it� fa supp��y ��r�da���s as sp��ifi�d.
���c�n �fee/ Gar�,p�!rt,� �a�� pr���se�d �ea� �irnes b�se� r��a�r► c�rrrerrf
pra�c�cf�or� �a,�a�Pfy ta fulfi�d fhe r�ri��a� ��arafifi��s irrc�ic��ed' or� i��fa�%�t �'.
42a71 i71c1 I�e�a�r�xa X���r�rl /��rrd��r��r C'i1,�p / Z"c:�.�tr�s• / i�117 � SJ �-.��'1-�.S�D
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42i11 Old D��Enn Ra��D
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G�uc�te �Iwrrat�er: 239
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EXHA8IT C
S�!�plie�'s Propas�f
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9�J'i-E� T�?CAS ST�iEET
IDE&�TOI� �'X 762�9
Phc�s�e; 9�}ti-349-7�i �0
�Ptc���: �17-5�"V-9�t�m
F�x: ��7-5��i -6$'98
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�Q�amts mu�r �2ii2l201�'
Exp��`es: 1�''�' 112Q'G3
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jc.hiYd�rs a�fa�c�r�ste�N.com
Inqt�ir� t��a: k���' �1 ��
Bid: ��12-7�2
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ar���.rnr�� rru ��c���s�r�a� ��c��os��s �r���� ���a� - sc�r��c� a� ���r✓�tnrrz�r� s����. sT�rc�ca��+€a�s
r�a�z�st��sr,�rr�nts. c��r��.�r�w�r��ovcr����c���rs,�,��,�ss���������rs. s�,���ax����c��
��wr�. ,��.�. rc� �� �� �c�v���nrc� vvrr��� c�rY c�� ���rQnr c��,���nr�s,��w� s������c��ra�+s ��°c�,�r
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n�o��:
a. ne� ����,�+ a.�a�a� v�r �.r�c.���J�� trv��.�.rr��r�.
�. c�r��ar�rr�a�v rs �,���c� o�u�a�cc��r,��'c� ��,��� �r�'�s.a�vr� c�c,r,�r���rr�s.
3. C JJW116'�L�TE Li��.rqPL AIUC� �'R�G7'iC�/+�l' �,�',?� 1?Vl�'�.fGS Wl�.L 8'� S�BM��TEC1 FC9R' �4P''R�h/,�L .4�TER RFC�l�'�'
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�AIV��—T"�—PLATE S!-,"AFT �kPW't] ��,?NJ BOX J�PhI�'S.
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FtJ� �UB��'ATI,(:JNS
A�.� Lead '�i�me :
StruccE�r�� Le�,cx T°i�n+� :
FinGsh �eta�l� Prirr��:ry Finish: ��9v�niz�d
�s#, l���it'+h��ight (i.���: O,bf�
�,,:. . ._.�ua�ti�y::r, ..'; .' -.: _ t��rt;�ri�e... " �. ._... � .. .._.+ .., .... �, . Ext,Prkc� ':
� .-.�
Pa�rrn�r�t Terrns, �J�T �(� Tokal �x� �rice. �p,00
���; r��s�rit���r�c��i �r�rta� �st. t�e��r7t �L���; o,�o
Cl�rilrc�tP�rrs ar�d Genera! T�e,rnas & ��arr�'dtra�s �r� �lf�ched.
���'r��xestaons, ple�se contact fh� ass�sc�aP�cl sa��sp�arson.
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I�al�a�n City TX '�6117-22Q8
G�uote C��rnber: �3� ��;+,ri�:
EXHI'�IT C
Supplier"'s Prop��al
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�i1�O��: $��°�$�-�S�Q
IF�x: 8� 7-5�1-8$�S
F"�g�t 2 of 3
��ari�bca��oras
1. Na s���s ��x or u�e taxes C�awe �e�n in��uded u�rt�less so spec�fi��d.
�, P��� cj�a�ti��"rar�s ar� su�aeck kc� th� �errri� a�r�d c�radiki�n� at#�ch��i,
3. ��'��Ir�g '�Eetht�daia9Y
a. Praces are va9ud ��r q�o#� du�ra�i�n.
k�. P�uces ar� ����d �ara aecepkance of' a�l i��rras� and �u�n#at�es.
c. E��ices a�� ��a re���n fiirm if khe %�Idr�wun,g �eq�rirer�ne�ts are m�f;
i. T�er� �a`e no ch�nges ko t�e c�r�wgn�s �' ��s'n�r�s +�iih the quote.
ii. �, g��urcha�e ard�r us r�ceiered during lhe duratuon ca� the qu�+te.
�#. �crrr�cfoae �harges
a. B��� charg�es ��rr ccrrrectiv� �r�rk a� reptlaced o�aterFaCs �rriii nak �be a�ce��ed unle�s e�pres�sly a+atF�or�ze�i hy F�Icc��
�tep! bef+�re a�ny su�� costs �re ir�curre�. "
5. Fa�r�cat��m
a� �abric�tior� wifl be pe�° A.I.S.�. arad A.W�I.S. C�'I.� st�r�d�rds. �alcar� 5keeq q�oa�m� c�znt�ol pers�ar���s8 mai�t�i� a�kive
A,'+�'�'U.�., ��rti��ed'V'u'�lding lnspectar �red�rntual�. �Qt��1ify �o�d��l p�a'so�uN�el al�o rm�air�t�ert ceRt��ic�taan� in r��n
d'�struct�v� i��ti�� tn�#�a�ds cc+rnp�iaraf fa A.S.I�.�'.-�,N,T,�T.C.'f.�, A.IO v��lders at �'alcc�n uteeG rroai�tain c�rtifucatrom tc�
#he curr�r�t re��iirert�ents �f th�� l�r��rd�an il�'elding Smcdeiy sfta:ndard ��6.1. (�ira�ctl�raf W4�'eEdnr�g �o�e�.
b. 9U p��c�nk park�al ��n���r��ion witl� fiilRet nv�rla� sh�ll kae us�d f�«c �r�-ia-arm b�s�, v�n�gw��-pla�e sh�aff, a�d ��rrr box
��a�nts.
�. �a�c�n 5#�e� wil� Qneasu�re t�6st ln kl�e p�ai� s�p��t pe� a#+�lec�nce �af 1 de�g��� �a�r �� ft.
�. Fitaish f �caa�tnngs
�. Strtuctur�s t�a# a�e tc� b� g�lv��iz�a� vuill b� ��� t�:S�T9�l r�,-123.
�i. t�t'��r �a�ti'ngs per s@eci��c�teons �nle�s trk�erwiss �ate�3.
7. C�irtnbir�c� d�vi�e� �r� r�at irt�c,l��x�i�d unl�a��s �����ri�se note�l v�i6�in �k�� �upt�ak�a�.
8. �reig'hk
�. Nc� f�eC� I�k��r �rr un�Ec�a�ir�� incl�d�e�i. 'P�r �� pr4vi�ed �y od��rs.
b. Ar7�h�ar balks are �ssurrYed t�i s�rip �it� flh� stru�qGir�s. F're-s�i�nrrent o� any k�rad m�y requir� �c�dit��a�a� f�r����t
charg�s �� �� a��l�ed,
9. q�livery
a. �elkvery+ dat�� �ucsted are baserl fln t�� best i�fivrmalao�t �vailable 6r�� our s�ppliers �t rthis t��e. A��y dea�ys i'n� our
su�plier'� si�ip ��t�s rn�ay �mp�ck �ur pr��nise� defiwery daies.
'9 �. Engi[n��rin�� �IaruficaE�oa�s ��d �,ssump#ians �if d!�sig�s are recg�rimac@�
�. �7uar �r�liiminary desigr� c�lculat6o�� hav� be�n in���r�d�d v+�'rt� this Wr�o�aEic�n an� fiec�u�re �urdtter7 appr�v�l,
b. I�ri�ces �ur�le� ar� b�s�� �n drawAr�gs pr�vid�d. ff tf�ere qs a a��s�r�partcy� 6�f�`e�n wt��t w�+a� t�u���d a�d �hat �s
acf��afly ��eeded, ��Gc�r7 �t�el r�s��es t�e r�gh� to �e-�eva����e tl�e quoi� �ro�' adjust prlcing acc4rd�ngl'�y.
GtuotF�rr��:�01:0�9 ----------
�aCccara St��'I �ounpa�y
��a1 C1�d f�er�t�n R�ad
Ha�l�rrn Culy 7}� 76`E 17-2'�fJ�
�liate Ni��rnb�s; ��9
I�ev�;
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Supplier"s Pra��sal
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rt � �� � fi� �: ��� � ��.
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F'fi��an�: $17-�8"6-�500
�ax; 873-�8°k-�8�8
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CLI��Rr4�.'T�F�i�l� .P�hi� �P�PJ�I"fIC}�S CfF �#�1���ih�E�lT"
���ep�tain�c�
1`his �arc��aosal in tYue farm c�� � qtro�a#�c��a rri�st �a� ace�p�l�� �p e�.ast�a�er �itf�fru tk�e slatad expiiratian d�ke afk�r'tt is su�mitked by�
Fa1ct�� St��l ai uv�ic� ti�e is a bcnd°nng a�r��m�nk a�wnll��s a4h�rw�ase� spe�cifoe� upora acc�ptan�e.
�e�ay+s
Tlais �gr�e��nt is cor�tir�g�nt up�an str�kes„ �cc�d�nfs„ ar7d catfi�ar car�s�s c�f c��lay beyond (=�Ncan �teel!'s cor�tr�a.
+�an�cellatic�n�
t�r���s c�nnc�� be �p�id c�rocelled, specif�eaCp��rs changes, �r �mods r���u�ned wi�hra�ut F�bce�c� Sk�el's p�rd�a"sssiaan. A�c���at�ce is
c+�nditic��edan reimbu�rs�emenk fc�� a�l c��se��ae����l fass €o FaOcom S�eeb.
C7el�aeru�s
ScP��dt�les o� deliv�rEes aE� �av�n as ac�Gy�atedy �s c�anc��%+c��ns r�vvin p��mit, b�ah �aVcan S#ee� c@aes n�t g����nt�e shipr��nts �ro
�ate �r d�t�s �WVen.
'�Jarr��aty
Falcoa� Stee1 �w�rr�r�ts its prsadu��s to be %r�,e f�orn def�c�s I� rt��i�rials and +nr�arkm�nship fcsr ane ye�r umd�E norrr�al u�s� an�
service. A,r�y pr�d��cts found tcr be �efe��iv� v�ithin ana y��,r frorn kh� date �fi s�i�ament, and �xa�in�� by Faicon St�el �r�d
d�t�rrr�in�d t� be �ie�ectir�e �ha!! b� repl�ce� �r repaiced by Fa�c�n Steel f��� df c'�ar�e. TVais warr��t� is 1n lie�u af �III rrlf�er
wwar�antqe�, �xpr�ss +�r iur�pN`re�, enc�udin� uvihha�t @it�iEation, khe warr�€�ty �f inerchan�a�iCity ar�d thte w�r�anky �� suitabiliify €c,r a
pa�t�c�ilar �urpr�se. F�Icc�n Sieep ass�r�es n� CiabwUity� f�r cas������enliaa, incud�nta9, or Vicq�aida�sd' damag�� ��isierg +aut �� � k�re�ac
af saB�, o�cludi�tg aray �arr��Ries �r�s��g th�refr��r� a�d the �t�sta�ner's sc�f� ��rr���iy shall be Eimited t� �he �epair c��r �ep���c�me��
(�s s� d'�ter�tir�e� by �alc�rr 5fee1j �f d���ct�v� p�rts as d�scriaetl a�,�v�, Fal�or� Ste�N r�serrres ti�e �i,�ht to imple�ent pra���
��ranges�'itr�prav�rrreents ta �ts desi�n ar material wikhnut adv�nce �adice.
�xciwsi�ans
Th� �varrar�fy exc�ucies fatfigue ��il�ar� or s�gmilar �SS1�en���rnen� res��l�ir�g fr�¢� d�el�ac�d v��ra�rara, harmonic asc�llateo�s �r res�n�ncr
��s�acaat�d wit�a mavert7�nt of air c�rr��r#s �raund the �a�od'uci. %urkher, Pabar requir�� tm remav� �n�l/ar reinstall oragAn�i or
r�pl�cetr7�nt p�rks s���f b� tl�e �espv�sibility af t�hc cu�tor���. �f�e uvarra�aly excdu�d�s �a��ge caus�d by 'rm�rsa��r u�stallatunt�,
ou�rla�dieag, ur�isws�, �bus�, �ccideCtt ar negl���, Yn ��ictii�o�, this w�r�anty daes r��t �av�r alter�akior�s, tnc�di��c��iar��, a� �dd�tiar
�rr�f�s� t��� chan�e is ��kn��d����d ��d �cc��ited, i�n adv�ncc, i� �ro�ir�g, by �alc�n S�e�1, Ef #Fte p��d�rcts �re to b� �s�ti on ar
ex4sting fa�ro��at�o� or �n �tb�ec skra�ct�sres, c►��iamer �ssua�es a�l respr�r�si�ilNty f+ar str�a�ku�a8 irategrity af th� exis�ir�g �otiarad�#��n
anc�rorage c�� �truct��ces and aEr c�nseq��en�es ar�sin� th�r�����r�,
�k��iir��i�ara of �is�ut�s
An� ��ntrav�r�y b�t��en the p�r��es kc� fl�is a�a'��rrAent inv�aCvi�g dhe constr�t�ti�rn �r applic�tf�ar� �f a�y �i the terrr�s, c4v�r�amts�
car comd�ki�ns of �h�s ��r��c��rat �E�akf o�t lia� w�lkt�n requ�s� af �an� parfy s�rv�� �ra �Me c�th�r, be s��r�n4�t�d �o �rblkr�tion, a�d
s��h a��It�atit�rt sf7�ll �at�ply ��kh a�7d �� gover��d by t�e pravi�%tans �a� th� Tex�s G�n��`aM Arbi#rati�rr �ct �r 1�y th� F�der�A
A.rbit�a�i�n A��, if t�e suC�ject of arkaatr�ti�an i� in�ral�+ecD Pn ir�t�rsta#� c�cnrmeG�e.
-- -----... .�..
�uatFor�i:(�Q1:�1�3
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232
SUBJECT
Consider adoption of an Ordinance of the City Council of Denton, Texas authorizing the City
Manager to execute and deliver a"Local Project Advanced Funding Agreement for Voluntary
Local Government Contributions to Transportation Improvement Proj ects With No Required
Match" between the City of Denton and the Texas Department of Transportation (TxDOT)
regarding the City's funding that portion of the agreement consisting of conduits and ground
boxes along the route of U.S. Highway 380, from Bonnie Brae Road to U.S. Highway 377, in the
City of Denton, Texas; authorizing the expenditure of funds therefor; providing an effective date
(project— U.S. Highway 380 from Bonnie Brae Road to U.S. Highway 377 in the amount of
$129,082.59).
BACKGROUND
The Texas Department of Transportation (TxDOT) has received bids for the widening and
improvement of U.S. Highway 380 from just west of Bonnie Brae Street east to Elm Street. The
low bid from Jagoe-Public was $15,088,445.93.
Part of the proj ect involves the installation of traffic signals at the intersections of U. S. Hwy. 380
with various cross streets including Bonnie Brae Street, Malone Street, Fulton Street, Alice
Street, Carroll Boulevard and Elm Street (US 77). The cost of the design and constniction of
these signals is included in the TxDOT project. In conjunction with a separate agreement, the
City of Denton will be reimbursed by the State for supplying a specific manufacturer's
equipment for traffic signal control cabinets, signal controllers, conflict monitors, advanced radar
detection and video cameras at traffic signals within the city limits for unifornuty of software,
parts and maintenance.
On April 19, 2011, the City Council approved an Advanced Funding Agreement for a Proj ect
Using Funds Held in the State Highway 121 subaccount in the amount of $1,964,500.00 between
the City of Denton and the State of Texas for the design and installation of Intelligent
Transportation System Tninlc Lines at various locations in the City of Denton. It is the City's
desire to pursue implementation of a portion of the Intelligent Transportation System (ITS) tninlc
lines in conjunction with the U.S. Highway 380 widening project. The attached agreement
would provide for TxDOT to install conduits and ground boxes along U.S. Highway 380 from
Bonnie Brae Street east to U.S. Highway 377 (Elm Street). These conduits and ground boxes
will accommodate the future installation of the ITS tninlc lines or fiber optic cables. In addition,
conduits and pull boxes are to be installed at the intersection of U.S. Highway 380 and Hinlde
Drive to accommodate the possible future installation of a traffic signal at this location, when
budgeted for and warranted.
After approval at City Council and execution, the agreement will be routed to TxDOT for further
execution.
OPTIONS
1. Approve the Local Project Advanced Funding Agreement for Voluntary Local Government
Contributions to Transportation Improvement Proj ects With No Required Match.
2. Rej ect the Local Proj ect Advanced Funding Agreement for V oluntary Local Government
Contributions to Transportation Improvement Proj ects With No Required Match.
RECOMMENDATION
Staff recommends approval of the Local Project Advanced Funding Agreement for Voluntary
Local Government Contributions to Transportation Improvement Proj ects With No Required
Match between the City of Denton and the Texas Department of Transportation in the amount of
$129,082.59 for the provision of the desired conduits and ground boxes along U.S. Hwy. 380
between Bonnie Brae Street and U.S. Highway 377.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Not applicable.
FISCAL INFORMATION
The source of funding for the project will be RTR tolling revenue provided from the State for the
ITS project.
BID INFORMATION
Not applicable.
EXHIBITS
1. Local Proj ect Advanced Funding Agreement for Voluntary Local Government Contributions
to Transportation Improvement Proj ects With No Required Match.
Respectfully subnutted,
��������
�
Franlc G. Payne, P.E.
City Engineer
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE AND DELIVER A"LOCAL PROJECT ADVANCED
FLJNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNIVIENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH"
BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF
TRANSPORTATION (TXDOT) REGARDING THE CITY' S FLJNDING THAT PORTION OF
THE AGREEMENT CONSISTING OF CONDUITS AND GROLJND BOXES ALONG THE
ROUTE OF U.S. HIGHWAY 380, FROM BONNIE BRAE ROAD TO U.S. HIGHWAY 377,
1N THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITLJRE OF FLJNDS
THEREFOR; PROVIDING AN EFFECTIVE DATE (PROJECT-U.S. HIGHWAY 380 FROM
BIONNIE BRAE ROAD TO U.S. HIGHWAY 3771N THE AMOUNT OF $129,082.59).
WHEREAS, Texas Transportation Code, Chapters 201 and 222 authorize the State of
Texas to lay out, constnict, maintain and operate a system of streets, roads and highways that
comprise the State Highway System; and
WHEREAS, Texas Government Code, Chapter 791, and Texas Transportation Code
Section 201209 and Chapter 221 authorizes the State to contract with municipalities and
political subdivisions; and
WHEREAS, Texas Transportation Comnussion Minute Order Number 133074
authorizes the State to undertalce and complete a highway improvement generally lcnown as U. S.
Highway 380 from west of Bonnie Brae Road to U.S. Highway 377 reconstniction and widening
from four lanes divided to six lanes divided (urban); and
WHEREAS, the City of Denton, Texas has requested the State allow the City to
participate in said improvement by funding that portion of the improvement described as
conduits and ground boxes at U.S. Highway 380 from Bonnie Brae Road to U.S. Highway 377
(hereafter the "Project"); and
WHEREAS, the State of Texas has determined that participation by the City of Denton in
this Project is in the best interests of the citizen of the State; and
WHEREAS, the City Council having considered the "Local Project Advance Funding
Agreement for Voluntary Local Government Contributions to Transportation Improvement
Projects with No Required Match" (the "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 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 approves the execution and delivery of
the "Local Project Advance Funding Agreement for Voluntary Local Government Contributions
1
to Transportation Improvement Proj ects with No Required Match" (the "Agreement") by and
between the City of Denton, Texas and the Texas Department of Transportation ("TXDOT"), by
the City Manager, or his designee; a copy of the said Agreement is attached hereto as Exhibit
"A" and is incorporated by reference herein; said Agreement being in the amount of
$129,082.59.
SECTION 2. The City Manager is hereby authorized by the City Council to perform
said Agreement and to expend funds, and to make such payments as are necessary as provided
for under the said Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
����y �
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2
MARK A. BLJRROUGHS, MAYOR
EXH I B I T 2 ��� �°���-°�����
�«t���t� �sr���
c��� c��� s�#�����
Projec#: 1.�� 38� From Bonr�ie
Brae to 1.�� �7�
f�at Re��ar��F� anc� D�vel�pm�nt
�7A7E OF 7E]�A� �
�Ok�hl7Y �F TR,4V1� �
L��A� ���JE�T A�}1lAh��E FUf�b�N� A�REEI4�ENT F�F2
.1f�LUNTAF��' LO�AL C01fERNMEI�T �OI�'CREBU7f�N�
TO TRAhlSP�F�TAT��1� 1N1PF���lEM�hlT
PROJE��� WITH h!� F�E{�UIF�ED M�1T�Ff
THI� A�REEMENT i� made l�y �nd �etw�en th� State of Texa�, �cting tf�rough the 7exas
De�artment of �ran�p�r�ation, c�fJ�d the "S#ate°, and �he �if�r of Dentan, �ctin� �y and through their
dul�r a�t�ori�ed officials, cafled the "`�ocal �overnm�r�#."
1�fJTN����TH � �
VIIFl�RE�4�, T�xa� Trar�sportatior� �ade, �hapter ��'� and ��� au#h�rEZes tf�� �tate t� ia� out,
const�uc#, ma�r��ain, �nd �per�te a systerr� of �tree�s, r�2�ds, and hi�hw�ys tha# �om�ri�� the �t��e
Highwa�r ��r�terr�; ar��,
1NH£I��AS, Texas �overnm�n� �od� �hapt�r ��'I arrc� 7exa� Tr�nsparta�i�n �a�e §��1.��9 ar�d
�ha�ter ��1, auti�ari�es th� �#ate ta contract +�vi#h murricipaiities an� politi�a� s�a�divi�ions; and,
WN�}�EA�, 7`exas Trar�s�ort�#�an �o�nmis�i�n N1ar�u#e Or�ler N�mber 'I 1��}7� authorizes t�re �tate to
u�der#ake and c�mplete a h��hway impr�ve�r-,e�t ger�eralf�r d�scrib�d as U� �8Q fram we�t of B�nnie
�rae ta U� ��7 reconstruction �r�d wrc�ening from fo�r ian�s drvidec� �o �i�c l�n�s �ivided url�ar�; and,
I�UHERE�#�, the Loca� Covernrn�nt �a� r�c��ested �hat t�e �t�#e alf�w tf�e L���! �overnrrtent to
parti�ipate ir� said i�-nprovement by fur�d�ng tl�at �ortion of the irnprovement descri�e�f as �o�durts ar��
�round box�s at Ll� 380 from BannFe Brae to l�� �77, c�fle�l #he "`ProJ�c#"; ar�d,
VI�H�RFr4S, t�e �tat� ha� �letermined that su�h participat�on �s i� the best intere�t of the cit��ens of
�k�e �ta�e;
f��1N, �WEREF��tE, i� considerat�on of tf�e �remises and of the mutual coverrants and �gr�em�nts
of th� part�e� hereto, to be b� them re�p�ctive�y k��t and �a��Formed �� hereinafter se# forth, the
�t�te and the Loca! �vvemment do agr�e as fofl�ws:
A� REE�IE�11'
'1. Time Per�od �overed
�'`h� periad of this Locaf Proj�ct ��l�r�nce Fur�ding Agreer�ent ��PAFA} i� �s �tate�i �n t�e Master
Ag�eernent �ov�rning Lo��,C Transporkatior� Pro�e�t Advance Fur�din� Agreem�rrts (MAFA�,
witho�,t �xce�tion.
�. Projec# F�r�ding a�d 1Nork Re�pon�i6il�ties
The State w�al a�thori�� ti�e perf�rman�e of on��r #l�o�e Projec# itet-n� of w�rk v�,h�ch ti�e �ocal
Covernrnenf has rec�ue�#ed �nd has �greed t� �2�}r for as d�scribecf in Rt�achment �, �a�rme�t
Provisi�n and VVork �esportsibif�tres whi�h is 2�t#a�hed to �nd rr�2��1e � p�rt of thts contrac#. Irt
addition to ��en#ify�rr� thase iterrMS �f wark paid far by paymet�ts ta thr� �tate, Attachm�nt A�
AFA—LP��A_Vol�ral' Page � af � R�vi�ed O�IQ'��1'i
��J #Q13�-09°03�4
Dis�rict # 181DAL
Co[ie �h�rt �4#1 �40� .
Project' U� �8� F�om BonnRe
8ra� to L�S �77
f��# #�esear�h a�d D�velopmer�#
Pa�mer�t Provisior� ar�d UVork R�sporr�i�ilities, aJ�o spe�ifies tho�e Project items of work tha� �re
the responsibilit�r of th� Loca� �overnrnent and will be carrie�l ��t �nd corrEpleted h� th� Lo�al
�overnmer�t, �t n� �ost ta the �ta�e.
�. Pa�rn�nf of Fur�ds
1Nhenever fur�d� ar� paid by t�r� Lo�al �averr�rnent ta tk�� �tate �r�der t�i� �gr�em�nt, the Lac�l
�avernrr-r�r�t sF�al� remi# a�heck or w�rrar�t m�d� pa�rabfe �o t�e "'Texas £?epartment ��
Transporta�ior� Trust Fun�l_" 7he ch��k or w�rrar�t sh�lC be �e�osited l�y the �tate in ar� ���row
a�cour�t tv be m�r�aged l�y tF�e �ta�e_ �unds in tf�� escrow ac��unt ma�r a���r be a�plied b�+ the
�ta�e #� #he Pro�e�t. If, after �nal Protec� ac��untin�, e�cce�� tun�� rer�air� in the escrow
a�caunt, thase funds may k�e applred by tf�e �tat� to th� Local �overn�ent's cantr2�c�ual
oblr�ation� to #h� �t�te under �nother adv�nce fund�ng a�reem�rrt with approv�f b� a�propriate
personne� �f t�e �ocal �overnrrxent.
4. F�ight of Acce�s
1f the Local fiovernrr�ent is the owner o� an� part af the Proj�ct site, th� �oc�! �ov�rnment �hall
perm�# ti�e �tate or it� �utharizec� �epresenfa#ive ac��ss ta thre s�te to perform any a�tivi�ies
�equired ta e�cecute the work.
�. Ad�ustrtien#s �utside �he Prolect �ite
The Lo�al �ov�r�ment will pro�r�de for a�l r,eces�ary ri�h# of way and utilit� acfj�stments n�eded
�or performarrc� of the work an sites no� owrr�ti or to be �c�€aired b�r the �tat�.
�. J�espon�ibilities of �F�e Parti�� �
Respons��iJities �f �h� �artFes wil� be unde� the conditi�ns as �rov�ded �o� in the N1AFA, wifhout
�x�eptro�,
7, Document ar�d lnformation Ex�har�g�
The ���al �overnrnent agr�es to e3ectr�n�ca!]�r �el�ver to #h� �tate aJl gen�ral n�tes,
specifi�atior�s, ��ntract provision requirement� and related docurnent2�tROn in a N��crasof� 1Nor�
or srm�lar �o�ument. if requestec# ��r #he �tate, the Local �overnmer�t wiil u�e �he State's
docurn��� ternplate. TMe L�caf �avernme�t �hafl �Isa �ro�ride a detail�d �onstru�tian time
e�#�mate i��lucfing tYP�s of act�vit�es and month in #�r� format req�ired b�r #he �tate. T�ris
requ�rement app�i�� whether the foca� entity create� t�e docume��s wRth i#s �v�rn f�rces or �r�
hanng a�on��Jtant ar �rrofessiona� �ro�rid�r. Rt the ��quest o� t�re �tate, the Local �over�mer�t
sF�all submit an� ir�f�rmatian required by the �t�t� in th� format d����t�d b�r th� �tate,
�. ��s�e�tion and �nr�duct of iN�rk
Unless otJ��rwise spe�i��ally stat�d ir� Atta�hm�r�t A, Pa�r�nent P�av�s��n a�c� 1Nork
Respon�il�ilitie�, to this �antract, the �tate will supervise anc! in�pect afl worPc p�rfo�rr�ed
��reunde�- �rrd pro�ri�le such engin�erin� inspectior� and #estin� ��rv�ces as �n�}� be req�ir�cf to
�nsure that the Proje�t is ac�om��ished tn �ccorc�an�e wifh th� ��Oproved p�ans ar�d
sp��r�cati�ns. All cae��s�on�lence and �nstructi�ns to th� �o�trac#or �erfarrr�ir�g tF�e worJc wifl b�
th� so�e res�onsibilit� of the �tate_ Unle�s otherwise sp��ifcall� s#�tec� ir� Atta�hment A to this
��ntract, a!1 work will k�� pertarm�d ir� accordan�e with the �#anda�d �pe�ific��ions foE
A�A—LP,��A_VolProj Page � af � Rev�sed 0�101�1'�
��J #�'134-Q�-���
D�stri�:t # 1$lDAL
Cade Ci�art 6�#114Q�
Proj��f: U� �80 Frorn Ba�nie
Br�e ta U� �77
Not f�es�arch ar�d Development
��ns#r�c#ior� and Niainter�ar��� of H€�hways, ��reet�� �nd Brid�es ado�ted b}+ t�e �tate ancf
in�or�orated in this agreerr��nt ��r ref�r��c�, �r s�eci�l s�ecif��t�ons a�proved b� #he �ta#�_
�. �ncreased �ost
rn�rea�ed �ost wilf b� und�r th� co�di�ions as provicled for in fhe h+1AFA, wi#l��u� exceptiorr.
'!U, Main#enan�e
Proje�t ma�r�t�r��nce will be und�r the condit�ons as provided ��r ir� #F�� �A�l�, with�ut excepti�n.
'�'I. Termin�tior�
Termrt�ation of this LPAF�4 sha�l be under th� �oncf�t�on� as sta#e�1 ir� the II+IAFA, without
exception ,
�2. f�o�ices
1Votices �� thES �PAFA sh�ll be �nd�r the ��r�c��tions �s �tated in th� h�iAFA, without exception,
Locai Cover�rner�#�
�ity af Denton
Att�: ��#y �n��n�er
��I � E_ h+1��Cinne�r
Derrton, T� i��0'�
S#at�:
Dire�tor �� �ont�act �ervic�s
Texas Departrner�t of Tran�porta�ion
'��� E_ 1'I�h �treet
Austir�, T��cas 787�1
7�. �u��es�ors ar�d Assigns
TF�e �ta#� ar�d t�e �o�al �ov�rnrner�t �ach �inds it�el�, its suooe���rs, execu#�rs, assigr�s, �nd
administrators to the o�her p�rty to t�is a�reement anc� t� the st��cessors, exe��fors, �ssi�r�s,
and �cfministrators of su�� athe� p�rty ir� re�pect to a�l �ovenar�ts o� this a�reement,
'f�. Amendments
Arnendm�nts fo this LPAF1� shall �e made a� des�nbed in t�e N1AF�, �rvitf�out excep#ion.
?�. Ir�corpora�ion of Mas�e� A�reerrrent Provi�ion�
This LPAFA incorpora#es all ret�vant p��vision� of the MAFA in ef�ect on the da#e of fina�
execution of t��s LPA�A, unl�ss such N1AFA pr�visFOn is �p��ificall�r excepted in t��s agreemen�.
An}r conflict b�tween tl�e t�rms of th� N�AFA ��d #his LPA�F� shal� be goverr7�d an� ��nfrolled b�
th€s �PRF1�.
'16, ��ate A�,ditor
The stat� a�rditor ma�r cond��t an a�rdit ar invest�ga#ion of �rt�r ��tit� r��eiving funds from the
�tate dir�ctfy �nder tf�� cant�a�t or indire�tl�r thmu�h a��r���ntract un�er #h� c�ntra�t.
Acc�ptance of �ut�d� dir��tl� untler �h� �vntract ar incfir�c#fy thro��h a sul�contract �nd�r this
A�A—�PAFA_VoIPr�J P�ge � of � � Revi�ed 0�lQ'�1�'!
��J #01�4-��-03�
Dis#�i�t # '!8lDAL
�oc�e Chark 64#fi'I���
Proj��t: U� 3�� Frorn Bonr�ie
Brae to L�S 3i7
�l�t F�esear�� and �evel�pment
contract 2�ct� as a�ceptanc� �f the �u#hority af the state au�itot', urtd�r �he c�irec��on af the
I��19f��IVB �U�i� COFIIl7lI��Q, �o �onduct �� audi� ar investigat��r� in �on�ec�iar� wi#h those funds.
An e�tity that i� th� su�j�c# of �n audat or investig�tion m�st provid� the �tate auditor with a��ess
t� 2�n� ir�farma#ion th� s#ate 2�udi#or �or�sicfers re��vant t� t�e invest�g�,tion �r audi#_
97'. Irr�urance
If this �greem�nt au#hor��es tl�e ��cal �pvernment ar its contr��tor ta perfarrr� ar�� work on �tafe
ri�h# of way, b�fore beginn�r�g work the entity ��rformir�g tl�e wvrk sh��� pro�id� ti�e �tate wi#h a
f�.�ll� exec�te�! capy of fhe �fa#e"s Form 1��0 ��rti#ic.�t� o� (nsurance verifyin� t�e exister�oe of
coverage x� th� �mounts and types �p�cifi�d on the �ertifi�a�e of I�surance for �N pers�ns ar�d
�nti��es working or� �t�te ri�ht of w��r. Thrs caver��e sh�ll �e m�intain�d un#il all wark �r� th�
u��t� �IC�II� O� W�]� 1S �Ol11�]�$t�. If ��V�I"��� �� 11pt fT'1�11'1��1[12C�, �!1 worl� �n �t�,te ri�h# of wa�r �haJl
c�a�e imm�diatel�, and the �tat� ma� re�over damag�s anc� �.11 cost� of completing the wor�C.
'18. �ignatory War�an#y
Each si�na��ry warrants that the si�natary has necessary a�thvrity #� ex�cute this �greem�n# on
�ei�alf �� the enti#y repre�e�ted_
AFA�PAFA_V���rof Pa�e 4 of � f�evised �4l�1 �fi 1
��J #�'I�d���-Q�4
Distri�:# # '! �lDA�
Code Chart 6�#?'�4��
Pro�e�t: U� �8� From Bor�n�e
Bra� to US 3�i
hlat F�es����h �rrd D�v�l�pmen�
TFiI� ACREEME�VT 1� �XE��7ED �� the State and t�e �oc�l �overr�m�nt �n [iuplr�ate.
THE L��AL ��1fEf���I�fVT
�ign�t�r�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Ty�ed �r Print�d fV�me By�
Titfe
Da��
THE �TA7� �F T�]�qg
Jar�rce �1+1uJl�ni�c �
Direc;#or, �ontract �ervi�es
�ene�ai �erv�ces D�vision
Texas �e��rtm�r�t �f irartsportatior�
D at�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
��
AFA—Lf'AF�_VolProj P�ge 5 of 5 Revised �41�1I'� 1
��,1 ��'!3�-�9-���
District # 18fDAL
Cade Char# G�#1�40�
Pr�je�t: U� 38� from 8onnre
Brae �o iJ� 3�7
fVat F�es�arc� and Devef��ment
��#��hme�t A
��rn�El�r P�o�rrsiorv ��� w��FC �����h�sis���TiE� . .
The Loca! ��vernment wifJ fun�1 tf�� improverner�t d�scribed as condu�s arrd gr�und t��xe� �t �.1� ���
from Bonr��e 8rae to U� �77_ �osts wi�i t�e �ll��ated k�ased an 4°lo F�dera! funding and '��0°lo L�ca�
Cove�r�ment func��r�g,
Des�rip#ivn T��ai �ederal �t�te � La�a! P�r#icip�fian
�stirn�ted Participa#ion Parti��p�t�on
�o�� °lo �ost °lo ost �lo ��st
Engineerin� � °�� �� °lff 0 0°la 0
�b �tate
��r�s�ru��ian �1�7,Sd�,00 °lo �� °�6 $0 �i00°lo 1�1,8��.0�
{b �tat�
u�t�tal �1��,8��.�Q �°lo �� ��lo $Q °l� �1��,84�v.��
Environrn�rr�ai �0 �o-la $� �°lo $� �°!� $�
Direct �tat� �
osts
I���h# of 1�Va}+ � 0 °lo �� °lo Q °lo �
�Direc# ��at�
�o�ts
Er�gineering $� 0°lo Q 0°l0 � �°lo �
D�r��t �tate
ost�
�tl�t� �fJ'�C� � � °�a �� °�o �� °�a $�
f�t� �OS�S
�OnStfUCfiO� ��,�'�7.59 �°la �� �°�o $� 1��°l0 $7,�37_�9
Direc# �ta�e
�o�ts �.9�°l0)
Er�direct�t�te �S,$�8.�� �°l0 0 �JOQ°1o�8,�5$,1� 0°l0 �
�osts �7_��°l�
�7A� $1�7,���.7� �°l0 0 � 0°l0 �^$,$a�`-$.13 0°l0 ��9,�8�.'�9
Inrtra! pa�rms�t by the Local �overr�ment to #he �t�te: �1��,08�.�9
Payme�# b}+ th� Zo�a! �over��r,�n� ta the �ta�e be��r� canstructi��: $0
Es#imat�d tv�al p2�y+me�t by the �oc.�� �overnm�nt to th� �tate �'��g,�g�_�9
This is an e�timat�_ 7he final amo�ar�# of L�c�� �o�em�-nent particFpatron wi�a be based or� �ctual
�osts_
AFA—�PA �A_�1��Pr�J
Pa�e 1 0� 'f Revis�d 04lp� 11 �
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Utilities
ACM: Howard Martin 349-8232 ����
SUBJECT
Consider adoption of an Ordinance of the City Council of Denton, Texas authorizing the City
Manager to execute and deliver a"Ternunation of the Advance Funding Agreement for Bridge
Replacement or Rehabilitation Off The State System" between the City of Denton and the Texas
Department of Transportation (TxDOT) regarding the Local Government bridge proj ect located
at Mayhill Road at Cooper Creelc in the City of Denton, Texas and ternunation of Advanced
Funding Agreement Amendment No. 1, dated January 28, 2004; providing an effective date.
BACKGROUND
City Council approved Ordinance No. 2003-256 on August 19, 2003. This ordinance approved
the City's participation for itself, and on behalf of Denton County under an Interlocal Agreement
between the City and Denton County, in the TxDOT Off-System Bridge Replacement Program
as authorized by Texas Adnunistrative Code, Title 43, Section 15.55(d).
1. Off-system bridges are existing bridges located on public roads and streets that are off the
designated State highway system. The federal off-system bridge replacement or
rehabilitation program in Texas is adnunistered by TxDOT for the purpose of replacing
or rehabilitating stnicturally deficient and functionally obsolete bridges, normally with
80% Federal funding, 10% State funding and 10% local funding.
2. TAC Title 43, Section 15.55(d) provided for waiving the 10% local match by the Local
Government agreeing to perform an equivalent dollar amount of stnictural improvement
worlc on other deficient off-system bridges or deficient mainlane cross-drainage
stnictures within its jurisdiction. The City constnicted the bridge and drainage
improvements on Mayhill Road at Pecan Creek as the qualifying equivalent match
proj ect. The funding associated with this constniction qualified for approximately $11.1
million dollars worth of off-system bridge replacement or rehabilitation projects (between
State and Federal funding).
3. The City provided a list of off-system bridge replacement projects that included the
following:
a. Mayhill Road at Cooper Creelc.
b. Frame Street at Pecan Creelc.
c. Bonnie Brae Road at Hicicory Creelc.
d. Bonnie Brae Road at Roarlc Branch.
e. Bonnie Brae Road at Dry Forlc Creelc.
All of these projects have been completed with the exception of Mayhill Road at Cooper
Creek. This project faced a number of challenges, including ROW and easement needs
on both sides of the bridge and coordination with City infrastnicture, resulting in its delay
of completion. The proj ected local match amount (credit from constniction of the Pecan
Creelc bridge project) for the participation in the Cooper Creelc bridge project was
$23,918 with an overall projected constniction amount of $239,182.
TxDOT performed the maj ority of the design function on the Cooper Creelc bridge proj ect. The
Federal Highway Administration (FHWA) has aslced TxDOT to either show progress toward
implementation of the proj ect or to cancel the proj ect and return funding. Inasmuch as the
Mayhill Road Widening and Improvements Project will replace this bridge with a superior
stnicture (100-year hydraulic capacity) to what TxDOT would have installed as a part of this
program, the completion of the original project is neither practical nor desirable. In addition, the
City cannot accept the remaining funding on the proj ect to use on Mayhill Road without
imposing Federal design and bidding standards on the entire project.
OPTIONS
1. Approve the Ternunation of the Advance Funding Agreement for Bridge Replacement or
Rehabilitation Off The State System.
2. Rej ect the Termination of the Advance Funding Agreement for Bridge Replacement or
Rehabilitation Off The State System.
RECOMMENDATION
Staff recommends approval of the Ternunation of the Advance Funding Agreement for Bridge
Replacement or Rehabilitation Off The State System between the City of Denton and the Texas
Department of Transportation.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Not applicable.
FISCAL INFORMATION
Not applicable.
BID INFORMATION
Not applicable.
EXHIBITS
1. Ordinance.
2. Termination of the Advance Funding Agreement for Bridge Replacement or Rehabilitation
Off The State System.
Respectfully subnutted,
��������
�
Franlc G. Payne, P.E.
City Engineer
I '
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AND DELIVER A`TERMINATION OF THE ADVANCEFLJNDING
AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE
SYSTEM" BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF
TRANSPORTATION (TXDOT) REGARDING THE LOCAL GOVERNIVIENT BRIDGE
PROJECT LOCATED AT MAYHILL ROAD AT COOPER CREEK 1N THE CITY OF DENTON,
TEXAS AND TERMINATION OF ADVANCED FLJNDING AGREEMENT AMENDMENT NO.
1, DATED JANUARY 28, 2004; PROVIDING AN EFFECTIVE DATE.
WHEREAS, an Advance Funding Agreement Amendment No. 1(the "Agreement") entered
into by and between the State of Texas and the City was executed on January 28, 2004; which
Agreement provided for the rehabilitation and/or replacement of the bridge located at Mayhill Road
at Cooper Creelc (the "Project") in the City; and
WHEREAS, both the State of Texas and the City have decided not to move forward with the
Proj ect; and
WHEREAS, Article 2 of said Agreement provides that the Agreement may be terminated in
writing with the consent of both of the parties; and both of the parties have agreed to do so; and
WHEREAS, the City Council has read the proposed "Termination of Advance Funding
Agreement for Bridge Replacement or Rehabilitation off the State System" and finds that this
Agreement is in the public interest of the residents of Denton, Texas; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as if fully set forth herein.
SECTION 2. The "Ternunation of Advance Funding Agreement for Bridge Replacement or
Rehabilitation off the State System" (the "Ternunation Agreement"); attached hereto and
incorporated by reference herein, as Exhibit "A," is hereby approved; and the City Manager or his
designee is hereby authorized to execute and deliver the Agreement on behalf of the City of Denton,
Texas.
SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of the
City under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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STATE OF TEXAS
COUNTY OF TRAVIS
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EXHIBIT 2
CSJ #: 0918-46-041
District #: 18-Dallas
Code Chart 64 #: 11400
Project: Mayhill Road at Cooper Creek
NBI Structure #: 18-0610B05224-001
Federal Highway Administration CFDA #: 20.205
Not Research and Development
TERMINATION OF
ADVANCE FUNDING AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM
THE Termination of the Advance Funding Agreement is made by and between the State of
Texas, acting through the Texas Department of Transportation, called the State, and the City of
Denton, acting by and through its duly authorized officials, called the Local Government.
WITNESSETH
WHEREAS, an Advanced Funding Agreement Amendment No. 1, hereinafter called the
"Agreement", between the Local Government and the State was executed on Januarv 28, 2004 for
the rehabilitation and or replacement of the Local Government-owned bridge located on Mayhill
Road at Cooper Creek in the City of Denton.
WHEREAS, both the State and the Local Government have decided not to move forward with the
project; and,
WHEREAS, Article 2, Conditions for Termination of this Agreement, states the Agreement may be
terminated in writing with mutual consent of the parties; and,
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
AGREEMENT
1. Termination
The Agreement for the rehabilitation and/or replacement of the Local
located on at Mayhill Road at Cooper Creek is hereby terminated.
termination will be paid by the State.
Government-own Bridge
All costs associated with the
AFA—AFA_Amend Page 1 of 2 Revised 04/08/11
CSJ #: 0918-46-041
District #: 18-Dallas
Code Chart 64 #: 11400
Project: Mayhill Road at Cooper Creek
NBI Structure #: 18-0610B05224-001
Federal Highway Administration CFDA #: 20.205
Not Research and Development
2. Signatory Warrant
The signatories to this Agreement warrant that each has the authority to enter into this Agreement
on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT — CITY OF DENTON
By:
George C. Campbell
City Manager
Date:
Approved as to Form:
Anita Burgess
City Attorney � � � r'"' '''
�°����.G�� c�� �.�
By:
Anita Burgess
City Attorney
THE STATE OF TEXAS
ATTEST:
Jennifer Walters
City Secretary
:
Jennifer Walters
City Secretary
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
:
Gregg A. Freeby, P.E.
Director, Bridge Division
Date
AFA—AFA_Amend Page 2 of 2 Revised 04/08/11
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 ����'
SUBJECT
Consider adoption of an Ordinance of the City Council of Denton, Texas authorizing the City
Manager to execute and deliver a"Surface Transportation Program — Metropolitan Mobility
Agreement for State-Constnicted Traffic Signal Constniction (With Municipality Providing
Limited Materials or Labor)" between the City of Denton and the Texas Department of
Transportation (TxDOT) regarding the City's request for reimbursement of the Federal allowable
percentage of the cost of installing traffic signals and other items directly related to the operation
of six intersections on U.S. Highway 380 within the City that are specified in said agreement;
providing the City Manager with authority to carry out the rights and duties of the City regarding
said agreement; providing the City Manager with authority to expend funds therefor; providing
an effective date.
BACKGROUND
The Texas Department of Transportation (TxDOT) has received bids for the widening and
improvement of U.S. Highway 380 from just west of Bonnie Brae Street east to Elm Street. The
low bid from Jagoe-Public was $15,088,445.93.
Part of the proj ect involves the installation of traffic signals at the intersections of U. S. Hwy. 380
with various cross streets including Bonnie Brae Street, Malone Street, Fulton Street, Alice
Street, Carroll Boulevard and Elm Street (US 77). The cost of the design and constniction of
these signals is included in the TxDOT project. However, the City of Denton uses a specific
manufacturer's equipment for traffic signal control cabinets, signal controllers, conflict monitors,
advanced radar detection and video cameras at traffic signals within the city limits for unifornuty
of software, parts and maintenance. For this reason, the City will supply the desired equipment
for installation by the State (listed in Attachment F of the agreement) at these intersections. The
attached agreement provides for the City to be reimbursed for these materials in the total
proj ected amount of $23 5, 806.00.
After approval at City Council and execution, the agreement will be routed to TxDOT for further
execution.
OPTIONS
1. Approve the Surface Transportation Program — Metropolitan Mobility Agreement for State-
Constnicted Traffic Signal Constniction (With Municipality Providing Linuted Materials or
Labor).
2. Rej ect the Surface Transportation Program — Metropolitan Mobility Agreement for State-
Constnicted Traffic Signal Constniction (With Municipality Providing Linuted Materials or
Labor).
RECOMMENDATION
Staff recommends approval of the Surface Transportation Program — Metropolitan Mobility
Agreement for State-Constnicted Traffic Signal Constniction (With Municipality Providing
Linuted Materials or Labor) between the City of Denton and the Texas Department of
Transportation in the amount of $235,806.00 for the provision of the desired traffic signal
equipment at the intersections of U.S. Hwy. 380 with Bonnie Brae Street, Malone Street, Fulton
Street, Alice Street, Carroll Boulevard and Elm Street (US 77).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Not applicable.
FISCAL INFORMATION
The source of funding for the City's preferred equipment is the Traffic Operations department's
operating budget.
BID INFORMATION
Not applicable.
EXHIBITS
1. Ordinance
2. Surface Transportation Program — Metropolitan Mobility Agreement for State-Constnicted
Traffic Signal Constniction (With Municipality Providing Limited Materials or Labor).
Respectfully subnutted,
��'�;„��=��
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Franlc G. Payne, P.E.
City Engineer
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ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AND DELIVER A"SURFACE TRANSPORTATION PROGRAM —
METROPOLITAN MOBILITY AGREEMENT FOR STATE-CONSTRUCTED TRAFFIC
SIGNAL CONSTRUCTION (WITH A M[_JNICIPALITY PROVIDING LIMITED MATERIALS
OR LABOR)" BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF
TRANSPORTATION (TXDOT) REGARDING THE CITY' S REQUEST FOR
REIMBURSEMENT OF THE FEDERAL ALLOWABLE PERCENTAGE OF THE COST OF
1NSTALLING TRAFFIC SIGNALS AND OTHER ITEMS DIRECTLY RELATED TO THE
OPERATION OF SIX 1NTERSECTIONS ON U.S. HIGHWAY 380 WITHIN THE CITY THAT
ARE SPECIFIED 1N SAID AGREEMENT; PROVIDING THE CITY MANAGER WITH
AUTHORITY TO CARRY OUT THE RIGHTS AND DUTIES OF THE CITY REGARDING
SAID AGREEMENT; PROVIDING THE CITY MANAGER WITH AUTHORITY TO EXPEND
FLJNDS THEREFOR; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 ("ISTEA") ,
codified under Title 23, U. S. C. Section 101, et seq., authorizes funding for Metropolitan Planning at
23 U.S.C. Sec. 104(f), which has been reauthorized under the Safe, Accountable, Fle�ble, Efficient
Transportation Equity Act: A Legacy for Users ("SAFETEA-LU"); and
WHEREAS, 23 U.S.C. Section 104 creates a surface transportation program ("STP"); and
WHEREAS, 23 U.S.C. Sec. 134 establishes that Metropolitan Planning Organizations
("MPOs") and the States Transportation Agencies develop transportation plans and programs for
urbanized areas of the State; and
WHEREAS, 23 U. S.C. Sec. 120 establishes the Federal share of funding for STP programs
involving the procurement and installation of traffic signals, as defined elsewhere in this agreement;
and
WHEREAS, the State is empowered under existing laws to operate and maintain a system of
highways and roadways for public use and benefit; and
WHEREAS, the City has requested the State of Texas to reimburse to it the Federal
allowable percentage of the cost of installing traffic signals and other items directly related to the
operation of an intersection at the intersections established in this agreement (hereafter the
"Project"); and
WHEREAS, the Project has been designated as a federal-aid project and accordingly, this
agreement shall be made in accordance with Federal Highway Administration ("FHWA")
procedures and regulations; and
WHEREAS, the City has offered to participate in the development and constniction of the
Project, as defined elsewhere in the agreement; and
WHEREAS, it is in the best interest of the City and the State to assist the State by furnishing
and installing traffic signal equipment on the Proj ect; and
WHEREAS, the State will secure the Federal cost share, and reimburse the City for their
appropriate costs associated with the Project as defined elsewhere in this agreement; and
WHEREAS, the Texas Transportation Comnussion passed Minute Order No. 113074
authorizing the Proj ect through the State Transportation Improvement Program; and
WHEREAS, the State of Texas is authorized to enter into an agreement with the City for the
Project pursuant to Texas Transportation Code, Sec. 221.002; and
WHEREAS, the City Council has reviewed the "Surface Transportation Program —
Metropolitan Mobility Agreement for State-Contracted Traffic Signal Constniction (with a
Municipality Providing Linuted Materials or Labor)" (hereafter the "Agreement") to be entered into
by the State of Texas and the North Central Texas Council of Governments ("NCTCOG"), a
Metropolitan Planning Organization, chartered under the laws of the State of Texas; however, acting
through the City of Denton, Texas; and the Council notes that Federal Funds in the amount of
$235,806 are available for reimbursement to the City, from the Federal government through the State
of Texas; and accordingly it finds that this Agreement is in the best interests of the citizens of the
City and should be approved; NOW THEREFOR
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as if fully set forth herein.
SECTION 2. The "Surface Transportation Program — Metropolitan Mobility Agreement for
State-Contracted Traffic Signal Constniction (with a Municipality Providing Linuted Materials or
Labor)" attached hereto as Exhibit "A," and incorporated by reference herein, is hereby approved;
and the City Manager or his designee, is hereby authorized to execute and deliver said Agreement
on behalf of the City of Denton, Texas.
SECTION 3. The City Manager is hereby authorized to expend funds and to carry out the
rights and duties of the City under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT 2
�T�1TE OF �EXA� �
CDUNTY �� tRAVIS �
�s,� # o��-o�-o�a
Distric:# #18�DAL
Co[fe Chart 6� # 11�Q0
Projec#; US 380 at Bonnie Brae,
Malor��, Fulton, �,Gce, �atra�l �
�l rr�
Federal Hic�hway Adrni►ris#ration
�FDA # �0_�0�
�lot f�ese2�rch ant� Lleveiapment
�UI��A�E TRAfV�POF�TAT���I Pf��CRAM — METR���LJTAfV �f�8lL1TY
A�RE�NfE�1T �OR Si"A7E-��N�RA�TED TRAFFi� �1CNA� ��N�T1�U�71��1
��NITi� A 14lUN���PALIiY Pf��1{�DINC, LINJITED MATERI�4L� OR L�4��R)
'�H1� A�I�EEMENT is rnad� �� and between th� �t�te of Texas, acting thf�u�h #he 7'exa�
Depar�ment of Tr�r�sportatior�, called #he "�ta�e," and f�orth �entral Texas �o�rrc�l af
C,avernm���s, a N1�tropolitan Plannin� Org�nization charted ur�der the laws of t�r� State of Texa�,
actin� througf� th� ��ty of D�n#�n, called the "�it�,p 2�cfing �hro��h its duly a�thori��d affcers_
VIf1�EVES��TH
WH�E��A�, tk�e Infermocfal Surfa�e Tra�tsportat+�n Effi�ien�y Act of 'I 99'I ("��TEA"}, codifie�l
�n�f�r Titl� �� U�� �e�tior� 'J �'! et �e�., a�t}�o�FZe� funding f�r h+letropoEi�an PNannir�g at �� �l��
sut�se�ion � 04�t�, wh��h �a� be�r� reaut�orized un�ler th� �afe, A��ountal�l�, Flexi�le, Ef��i�nt
T�ans�or#����n Equity Act: ��eg�cy for Us�rs �u�AFET�A�U"); and
iNH�1�Fr4�, �� US� �'��4 establishes a�urtace transparta#�on pragram �"�TP"}; ar�d
1+VFlEREA�, �3 U�� �'I 34 e�#�blishes th�t A+le�ropofitan Planning �r�anizations �"MP�s"� and the
�tates' T��nspartat�or� Agen�i�� deve�ap tfan�portati�n ��an� and �ro�rams �or ur�anEZed areas
of the �#�,te; and
VYF�l�REAS, �� U�� �1�� �stab��s}��� fhe Fec�er�f share of f�,nding �or ��`P pragr�ms invalvr�g
th� procurement and installat�on of traffi� s�gn�Js a� defin�c� efsewi��re ir� this �greemen#; �,nd
�NH�F�EA�, th� �fate Fs �mpowered u�rder exis#��� laws to ��erat� ar�d mair�tain a system of
hi�hways and roac�wa�� far public �se and ben�ft� and
WHER�J�I�, #he �it� h�� req+�e�ted the �tat� ta re�mb�rs� the �ed�ral alfowa�fe percer�t�ge of
tJ�� ��st af insfalR�r�g tr��Fic si�nals ar�d other items direct�� r���t�d to the o�eratian �f an
�ntersectivn a� the i�terse�tior�s establish�d in tYtis �greerner�t, ��11ed the wProje�t;,' and
1NNEREA�, tf�e Rraject �as be�n desigr�at�d as a feder��Y�id �roj��t and, th�s, tt�is a�re�rr��nt
sha�� b� rr�ade En a�cordan� with �e��r�l H�g�wa�r A�lminr�tr�#ion {FF�lV1fA) procedur�s a�d
r�g�,lations; anc�
1NWERE�4�, the �ity has �ffer�d to p�rtici��te in t�r� tlevefopment and �onstr�ction of the Pro�ect
a� defined eJsewhere in this agre�ment; �nd
7�af#ic-Tr�ffrc TEA'14 Pa�e 3 of �� RevFSet1 �8l�il�Q'} 1
STP;FED �TAT� LETTI�V�
��J # 01�4-�9-0��
District #18lDAL
�ocie �F�a�t 64 # 'f ��Qp
f�roject: �1� �8� at Bonr�ie Brae,
Malor�e, Fulton, A�ice, �arrol! &
Eim
Feder�� Highw2�� �4dmi�istratia�r
CFDA # 2�.�0�
Not Research and Developm�nt
V�HEREASs it is irr the be�t ir�t�rest af the �it�r �nd t�e �#ate f�r the ��ty t� assist th� �tate b�r
fum�shing ar�d ins#�Iling #raffi� signa� e�{uR�men� on the Praject; and
WHEt�EA�x #he �tate wiil se�ur� t�e tederal �ost share, ar�d reimburse #he �ity for th��r
apprapriat� oost asso�3ated wrth the Proj�ct as defi�ed e�sewhere in th�s a�reemen�; an�
1NHEl�E�4�, #h� Texas T�ans��r���ian �ommissFOn p�s�ed Nlinute �r�fer fVo.'I'i �074 au#h�ri�ing
the Pro�ect th�ough the �ta#e Transportat�on Irr��favement Pr��r�m; ar�d
WH�F�EAS, the �ovemir�g Bo�l�r of the �i�y l�as approved er�t�r�r�g into this agr�ement b�
resolution or ardir�ance dated ,�p�, lab�l��l,�ita�f�ment A, �vhi�h is attac�ed
to �r�d made 2� part of this agreement; and
1tYHEF��A�, th� �tate �� au�hari�ed t� �r�ter in#o an agr�ement wit� the �ity for t�e Proj�ct
pursu��t ta Tex�s Trar��po�kafian ���e ���'I,O��; .
NOVY T'H�REF�f��, th� �tate and th� �ity agr�e a� f�fl�ws:
ACREEI��NT
Article 7. Peri�d of t�i� Agreement
This a�r��rnent b��ome� eff��#ive or� fir�al executi�n b� t��tf� partie� �nd shalf r�main tn
e�fect �s lon� as th� traffic signaf equipment furnished b� the �it�r i� �r� �peratr�r� at the
describ�c# location and the s��nal project is irrcornplete, or ur�less at�reiwis� terrr�ir�ater� ar
rr�ocfified �� provided �elow.
Arti�le �. �cope of �Nor�
A. �ignal Warranting Da#a. The �ity �half callect, prepare, and provtrl� to tne �#ate the
requir�c} warranting an� �u�tifi�atior� dat� for e��h s�gnalized int�rs�ction contemplated ir�
�Ftis agr�er�ent_ Th� �it� sh�ll pravide the data to t�e �ta#e ir� a form2�t apprav�d b�r thre
�tate, �nl� thas� intersec#ians that ar� w�rran#�d ar�cf a�proved by the �tat� shall be
�Ji��bfe f�r si�r�a�izatio�r �rr�c�er this agr�ement_
�. Jntersection Lo�ations.
'I . AI� �#ate-apprav�d intersect�o�s which �re on routes that ar� �art ot th� �tate Highway
�ystem are ��s#ed �n Ai#a�hmer�t B, whi�h is attach�d to and �n�de a p�rk o� t�is
a�r��ment. These ir�ters�c#ivns are ref�rred to 2�s "on-system" interse�tians.
�. Alf �tate-appr�v�d inters��#ior�s whach are n�t on fout�s tF�at are ��rt of tl�e.�#�te
Higt�way �ys�em are �is#�d R� �ltt�cf�mer�� �, which i� �ttach�d to and ma�l� � part �t
this agreement, The�� intersections are referr�d #o �s �off-system" inter�ectROn�.
Traffic-Treffic TEA�� Page � o# 1� Revi�ed �8l3�l�01 �
�TP�F�� �TATE LETTING�
��,! # �13�5-0�03�
��stti�t #181�AL
Code Gt�art 64 # � �40�
Protect: U� �SO at Bonrrie Bra�,
Ma�one, �ulton, �I�ce, �arrolJ �
Efrn
�e�er�� Hi�hw�y Administr�t��n
�F�A # 20.���
l�ot l�esearch and Development
�. Design arrd �onstr��tion Re�ponsibil�ties.
'! .�he �ity sha�J devefop the cor��truction pl�ns and spe�ifi��tions ass�c�ated with fhe
inst�fiation of traffi� signals at �acFt ir�ters�ction. T'he con�tr�c�ior� �lans a�d
�pecifi�ati�n r�q�a�re fina� ap�roval b�r #he �ta#�.
�. If ir��#ECated in the p�an� and spe�ifications, the furni�hing �r installing of a par�i�n of the
traffi� sign�! ��uipment ma�r be �art of �h� �onst�'uctian to be undertak�n by the �ity.
�. The �ity's plan� and s�ecific�tians �hall conform ta the requirerr��nts of the fatest
�dit�orr �f #h� Texas A+1anr��l or� �.InirForm Traffc �ontrol Qevi�e� �i`N1U��D� and use
applicable 7exas Departme�t af Transp�rt�#ion standard ��e�if�cations, spe�ial
spe�ifi�atROns, �pe�ial provi�ians, and �tandard �heets.
�. Th� �tat� +�rvilf �dvertise for �onstru�t��n bi�fs, let th� �or���ru�#�on cor�t�act, �r �#herwise
pr�vide for thre con�tru�tio� and wil� �upervi�e th� �onstructio� as r��uirec� b�r the
cons�ructROn pl�ns and specifca#ions, The �tate wi�l secure the �it�r's �anc�arrer��e ot
#he �onst�uction plans ar�d s�eci��at�ar�s �r�ar t� the �ward �f #h� �onstruct�orr �ontract,
D. !m}�feme�tta#ion Plam
'I . I� th� Pro�ect �r����d�s an� fr�ifc s�gr��l s�rstem�, the ��#y shal! att��h to this ��reernent
�n �t-IWA-approved Impiementation Plan as Atta�hm�nt D, whic� is r��de a part of thfs
agreemer�t.
�_ The Impl�r�er�tatiorr Plan shail addre�s #}-re operation and ma�r�tenanr.� ��the #rafff�
s�gr�al syst�ms afteT the Prole�t is c�rr�plete.
E. Rr�y vari��ion� ta the �co�e of W�rk are ��ovic�e�d ir� Atta�hment E, �ruhi�h is �ttached to and
mad� a part of th�s agreeme�t.
�4rticle 3. Personnel, Eq�,ipmen� and Mafer',al
A. Fhe �i#y �h2�ll u�e la�or and su�ervis�ry �ers�r�nel �m�loyed drre�tfy ��r ti�e �it�r.
B. All emplayees of th� �it� assigned t� �his agr�ement shall have suffi�ien# knowledg� a�rd
experier�ce to enabl� them to per�orm the duti�s �ssi�n�d to th�m_
�. The �tat� ma�r require the �it�r to rerr�ov� any empf�yee frort� #he work authoriz�cf in t�is
agfeemenf if, in �he sole �pir�i�n of #he �tate, the work of that �mplo�ree �iaes not ��mpl�
with #his agreem�nt or ti�e concf�ct of t�at �rr�pfa�ee is detr�me�tal to th� Pr�je�#_
D. All m��erials us�c� for th� work shaf� �e r�e+rr arr� undepreciat�c�.
E. Reimbursem�nt �or the use af m�#enals purchased b�r other than com�et�tive �rd
�r��ed�res w�il be m�de an��r if;
1_ Those pr�c�d�rres �re shown to be rn the pu�fi� �nfe�est; and
�_ The �tate has giverr �rior appr�val fo� �h� us� of mate�ial�.
F. The �ity shall u�e �ity-owr�ed ma�hinery, equR�mer�#, a�� veh�cl�s for #J�e work. In the
eve�t t�at the �ity �oe� n�# have th� r�eces��ry machinery, equi�ment, and vehi�Ee�, the}+
rr3a�r t�e rented or leased �t the Iowes� bic� pri�e of #hose su�mitte� �y two ar m�r�
�p�raved bidders.
7r�ftio-Tr�f�� �'EA�4 P�g� 3 af '�� l�e�ised 081�fi}��1 fi
��P;��D �TATE LETTIN�
��J # ��34-,09-034
Distr�ct #181pAL
�ode ��r2�rt 6� # 11��0
�fO��G"�; I�� �$Q �f �Of7f316 �r�$,
lU9alane, Fulton, Aiice, ��rtoll &
EI rrt
�eder�l Mighway ,�drnirri�t�atior�
C�DA # 20_2�,5
iVo� Rese�rch and DevelopmenE
Article 4. �omp�nsat�on
A. The rr�axim�m amour�# r�imburs�bfe b}r #h� �fate to the �it�r und�r #his a�r�errrent withou#
Fn�di�cati�r� is $�3�.806.�4. A cast e�tirrrate of tF�� traffc sigr�a� ec�uipm�nt furnish�d b�+
the �ity under this �greement, labeled Attacnment F, is att�chea to and ma�e part of tni�
��r�ernent.
8. E��imburse�nen� of �osts to �i#y. Th� �#�te will reim�urse the �ity far �osts inc�arred
ur�de� thr� agreement, ��ovided tf�e �ity ha� paid from �i#y fund� �hos� al�l�gations
prev�ou�l�r bilfed.
'�, The �t�te �vill reimburse t�� �ity up to 1�Q°lo of the �ost of f�rnis�ir�g �r in�taflin� �it�r
traffi� �ignal equi}�rr�er�t according at #h� lacati�n� d�scribed ir� P�ttachment B.
�. Th� �tate vuilf p�y up ta 100°l0 of th� constru�tion �asts at �he locatior�s �escriY�ed rn
A#�chmen# B,
�, The �t�te w�il reRmburse �he �i�fy u� to h!!�°lo af �he ��st o�turni�hing or in�#�Il�ng ��ty
traffic �igrral eq��prr3e�� accordir�g at the lo��tion� des�ribed in A�#ta�Ytmer�t �_
4, T�e �#ate wifi �a}+ �ap to �VIA°l� �f the aonstr�.R�tion �osts at th� Iocati�n� d�scrrbed in
�4tt��h�nent �.
�. Th� ��ate v�+il� reimk�urse the �it� far appli�a�le l�bor, equiprxrent use, materia�s,
supplies, trave� ex�ens�s, and warehou�� or r�r7at�ria! f�an�#Cing ��arg��.
fi_ The �tate urial �ot rermbur�e unsuppart�d �o�ts, �osts inc�rred prior to the issua�ce of �
wri�ten work otder b}r the St�te, and �osts incurr�cf �fker fina� �cce�tan�� by #he �tat�,
7. �h� �tate �ha�� rnake paymeflt to #�e ��#y w�thin �hirty (��� days fram �he receipt of the
�i�y's req�e�t for paymen# continge�t up�n batl�:
a, The State's:
1) ►�cceptanc� of #h� corn��eted Pr�ject; or
�} P�r#ial accep�a��e ��r letter, on a qu�rterl� ba�is, whe�ever the wo�k; ��cf
rr��terial� provi�ed have beer� found b� the �t�te to satisfy the requireme�ts of
the pEa€�� �r�d �pecific�ti�ns; and
h_ T�e �i�y'� subrr�i�sion of �r� origir��l an� fo�r ��{�ies of � re�uest for pa�ment;
To the following addr�ss; T�x�s Departm�n� of Tr�nsportatior�
Af�n; D�rector qf ��eratian�
4777 E_ Highway 8�
IV�eSq�l1#e, 7X ��1�Q
1� �n �he �tat�'s �otrn ��� BiC��r�g �ta#ement or o#her type of �r�voice ac�eptabfe to
the �#a�e; �ncf
�j �`hat �ocurrrents the work pertorr��d ar�d ma#�rials use� �hrough �lescrRptians,
�uantities, unit prices, and exter�si�ns.
Traffio-Traffic TEA�4 P��e4 of 9� Revised Q8��iJ�0�1
�TP:F�D �TI�TE �El`�IN�
CSJ # �13�-Q9-Q34
Distrkct #1�{�AL
�ode �hart �4 # '� 1��0
Pr�ject: k�� 38Q �t Bonnie Brae,
Ma�lon�, Fr�ltor�, A�ice, �arro�C $�
�Im
�e��r�l Highway Adm�nistr�#ian
�FDA # ��_���
�Iot F�esearcF� and Developmer�t
�. �ity Pa�rments to State,
'I . T� �rt�r (��� da�rs prior tv th� date s�t for the Sta#e to receive �anstru�tiar� b�ds, #he �i�y
shaJl rern� payment t� #he s#ate �n the amour�t �q��� t�:
a, f�lA#lo of the e�trmated bid ite�ns for locati�ns describ�c! in A#�achr�er�t �; and
�. NIA°la of ti�e es�imat�c# engineering and cont�r�g��cre� ��#ate R�sp�ction ��sts� for
th� b�d it�ms tor Ioca#ions d��cribed in Atta�hm�nt �; �nd
c. h�lA°lo �f t�re est�rr�ated �#�t� insp��tion �o�ts f�r �ity furni�hed ar�clfo� instalJ�d
traffic si�na� equipment for la��tior�s des�r�b�d in A#a��rr���t �; ar�c�
d. N1�4°l0 0� �r��r federa! non-p�rti�Epa�ing cas#s.
�. 1t i� es#�m2�ted ti��t the �tate in�pection ca�# wi�l be �VlA°l� of �onstruction cost,
�. Th� �i�y �heck or warr�nt is �h1lA.
4. Pa�rrr�ent� to t}�e S#ate ��al� be b� che�k or warrant mari� p��abJe to "Texas
Departme�t otTr�ns�orkatian Tr�.r�t Fu��." The cf�e�k ar warrant snalf be depo�ited by
the �tate i� an es�row ��co�nt #o �e manag�d by tf�e �t�te. F�nds �n th� es�row
acoount may only be ap��ied b�r #he �ta�e to the Project.
v. In #he ev�n� it i� determinec! b� �he �tat� th�# the �r�i-tia� amount s�bmi#ed by t�e �i�ty far
�on�truc#ion ot#he �roject �s ir��uffi�Rent to �aver the �tate's co�ts, tk�e �ity wRtl witMin
thirty (��) da�rs �rom #�e �tate's writter� na#i�catior�, R78IC� ��C�I�lpi?�I �Ulldifl� �V�II��]I� ��
t�l� �t���,
�. F�Ilvwing �ompletion and the �tat�'s acceptance of the peofect, the �#��e wil� make �
�inal aucfit of ai! costs �ssoci�ted wi#h the project. llpar� �om��etion of the �n�l audtt,
�ny rem��r��n� fur��s ��e t�� �it�r will �e promp�l� returned.
�. Th� �ity shall be responsibJe for any funds determined #o be in�ligR�al� for tederal
re�mb�rs�m�nt� and shal� re�mburse the �tate the am�unt of thase f�ands prevrou�l�r
�rovided to it b�r the �tate.
E. If the �ity w�l� perf�rm an� work under thi� agre�ment for wF�ich re�mbur�e��nt wifl be
pro►rided by or thrqu�h �h� �tate, #F�e �a#}r mu�t complete ttainin� f�e�are f�dera� sp�nding
aut�ori#y is obl��a#��. Training is �omplete when at least ane indi�r�d+�al who i� woric�n�
activel� and d�re�tl� on the Proj�ct s��cessfu�l� corri�a�tes �nd re�enre� � certifi��te for the
c�ur�e �r�tFtled Locaf �o�errrrrx�rrt Pro}��� P�ocedures C�r��fr�'ca�for� �or #he T�x�s
�epar#rr7errt o� Trarr�porta�for�, Th� �ity.shall provide the certif�cate �f q�a�ification #� t�e
�tate. T�te indivRd��l who receives t�e trainin� �ertifc.�te may be an empla�ree of tF�e �it�+
ar ar� ern��o�r�e at a firm that has be�n cantracted �� the ��t�r ta �ertorm oversi�ht of the
Prajec�, The �tate in its c#iscr�tion may d�n�+ re�mbursement if the ��ty has r�o# d�sig�afed
a q��fif�ed ind�vidua� to �versee #�e Pro��ct.
Artic�e �. lnse�rance
If this agr�ement auth�rizes �kt� �ity or it� cor�tra�t�r ta �erform �r�� work an �tafe right af
wa�r, before beginnan� work the �ntit�r perforrnin� the uv�r� shalf p��vide �he �tate witl� � full�
�x��ute�f co�� �f ttte �tate's Form '1�60 �ert�fic��� of Insu�an� veri�ying the exi���nce o�
�overa�e in the amo�,e�ts at�d #yp�� speci�ecf on the �ertifcate of Ir���rran�e far a!I p�rson� and
�rai�c-Traffrc TEA�4 Page � �� �T3 Revised �8J�1f�0�'�
��P:�EL} �TAT� LE�TIf��
��J # 01 ����9-0��
. Dis#rict #� 8lD�L
Cod� C�ar# �4 # � � 40�
�'r�Ject� U� 380 at Bor�n�e Bra�,
� Nlalone, Fulton, A�ice, ��rrol! &
Elr�n
Federa� �Jighwa}r A�mPn�stra#i�n
�FDA # ��_���
�ot F�esearcF� and Dev�lopmer�t
entiti�s w�rking on �tate right �f way. Th�s cover�age sha11 �e maint�ined unti� a�! w�r�C on #he
Stat� righ� of u+a}+ r� �o�npfete, If �;overag� �s n�t m�intarnecl, �I� work or� St�te rig�ht of w�y
sh�ll ce�se immec�iatei�r, ar�d t�e �tate ma� rec�v�r darna��s anc� all co�ts of camp�et�ng the
w�r�c.
�4rt���e B. Responsil�ilit�es of tMe Part�es
7h� �tate ar�c� the �i#y a�r�e th�t neither party ts ar� age�t, serv�n�, ar err��lo�ree �f the oth�t
part�r and each part� �grees it is re�ponsibfe for it� ir�dividu�.J a�#s and dee�#s a� weN �s �h�
�cts ��d [�eeds af i#s can#ra�tors, emplo�r�es, ���re��nta#�ves, �nd �,gen#s.
Ar#P�fe �. Pro�res�
A. �omme�nication�. 1"he �i�y �ha�l �onf�r with tF�e �tate c�uring th� progr��s of the Prolect,
Th� �ity sMaN prepar� an�# pre�ent a�i ir��ormatior� t��t is re�u��ted �� the �t�te or rs
ne[3es�ary far the �tate ta �vaJuate t�e work pertorrrred b�r th� �it�r.
B. Reparts. The �ity shaJl pr�mptly advise #�e �tate in writirrg of even#s tha� may hav� �
si�r��f�can� effect on #he pragres� of the Pr�ject.
'I .�F�e ���y sh�lf prorr�p�l� advise the �tate in writir�g of an�r prob�ems, ��I��+s, or adverse
�ortc��tian� that wil� m�terially a�fect t�re abi�i#y to �eet sche�ol�al�ci �o�l�, This disclo��re
wifi be a�compar��ed �y �tater�ent of the �c�i�n taken or �on�empl�ted �nd any �tate �r
�ec�era� ���i�tan�� needed ta res�lve the sRtu�t�on_
�, The ��t�r ��raM� a��o prornpt�y advi�e the �tate in wr�t�ng of favora�ie c#e�+e�opments or
event� that er�abl� meet�ng g�ai� saor�er fhan antic��at�d,
A�#i�Je 8. fnspection of Wor�C
A. The Stat� shal� rrtak� frequent and corrxpf��e ins�ec#ior� �f all mater���s, et�uipme�rt, ancf
work to �eterrn�r�e ar�d ��rm�t certifi�atror� that:
�, 7hey ar� in ��itabl� condition for operation and maRr�tenance by �h� ��#y �,�er
com{�letior�; ar�cf
�. All a�pficabie requ�rements �� �h� p�ans ar�d spe�'rfic.�tion� are �ati�fiec�.
8. Tf�e �ity sh�l� pr�vide o�partu�i#�es� facrii�ies, and representa��ve sarrr��es, as required b}r
t�r� �ta�� to perform the ab�ve inspections,
�. ��e �taf� w�ll prorr�ptl� notffy #he �kty af any def��i�n��es determine�l b}� the above
�r��pectians an� the �ity sha�l, uvifhout �el�}r, �ak� corrective a�:tian ���eptabJe t� the �tate_
Article �. Mair�#�nar�ce, Re#en#iont and Audit of I��c�rds
lel. Retentior� P�riad. The �i#y sh�ll rrrainfain �fl bo�ks, d�curr-��n�s, pa�a�rs, �omput�r-
genera�ed files, accountin� records, and al! other �vRCfen�e pertain�r�g to r��ts fncurred an�!
wark �rerf�rrrted �nc�er tnis agreerr�ent, and sha�� mak� #ho�e mater«J� avail�ble �t i#s offi�e
dur�ng the tim� peri�d cov�red and faT for�r �ears from the tiate of fir��! pa�rner�# �nder #his
Tra�fic-Traffi� T��,14 � Page � af 9� Reviseci 08l31l2��'�
�TP:F�Q ��ATE ��TTJN�
��J #f 013�-O�Q�4
D'tstrict #fi $fpAL
�ode �f��r# �4 # 11�p0
Ptalecf: U� 380 �t $or�nie Brae,
N1a�one, Fult�n, �I�ce, �arra�l &
Elm
�ed�ra� Nighwap �dmini�#ratian
�FDA # �0_�Q�
Nat Resear�h and Development
��reernent, untrJ ��rnpleti�n �� �,ll aud�ts, or unfif pending liti�atron has beet� �om��e�el� �nd
full�r re��lved, w}�ich�ver o�curs last,
B. Availab�lity. The �tate, FH1NA, lJr�itec� �tates D��artm�nt o�Transporta�ia� �nd its ��ce
of the Ins�ectar ��r�e�al, �tate A�,ditof's Offi�, �.Jnitec� �tate� �om�troiler �en��al, and
an� �f the�r a�th�ri��cf re�re��n#�tives sh�ll have a�cess to the �ecords for #he purp��e ��
m�lc�ng audit�, examir�at�ons� �xcerpts, �nd �ranscrrp�ions.
�, �tate Aucfitdr. T�e stat� �,uditor m�y �onc�uct an �udit o� inve�tigatiatt of an�r �nti�y
re�eiving funds from th� �tate dire�t�� under this a�reemer�t or inr�irectty tY�rough a
�ubcontract under t�is �greemer�t. Acc�ptance �f f�nds direct�y unc}er th�s agreern�n� or
inc��t�ctl� #hr�ugh a sul�contract ur�d�r tf�is agreem�nt act� as acoeptance of �he authority
of the state aud�#o�, �nde� th� d��e�.#ROn of fhe fe�i�iative audit commi#�ee, to �ond�act a�
a�rc�it or investi��ti��r ir� conne�tior� w�th those fun��. An enti#y t��t is ti�e s�rbject o� �n
au�ii� ar inve�trg�tiar� must pr�vic�e the st�te auditar ►nF�tF� acce�s t� an� ir�formati�n tMe �t�te
auditor cansiders relev�nt to fhe inv�st�gati�n or ��dit,
D. Audi# Timing. The �tate wi31 prepare an au�it:
'I _ Upan �omplet�vn of th� work authoriz�d ar early #ermir�afian �f the a�reern�nt to
�etermine the am�unt of th� w�r�c per��rm�d and rrrateriaRs f�rni�hed ��r tMe �Fky at ti�at
tim�; an�l
2. At an� time it is deern�c� to be rn #he best inte���t o� fh� �#�te.
ArticJe 1�, Disputes
Tf�e �t�te's decision �n d�sputes regartling the res}aor�sibilities �nd ob��gations �e# forth in thi�
agreer���t sha11 be fin�� 2�rrd bin�ing,
A�ti�le 7'�. Non-coflu�i�n
7he �ity shal! warrant that it F�a� n�t �mplo�ed ar ref�ine�1 ar�y �ompany ar p�rs�n, ather thar�
a bo�a fide em�lv�ree working for the �i�y, �o solicit or �e��re this agreemer�t, and that it ha�
not paid or agr�ed to pay an�r �om�an� ar perso�, othr�r �h�n a bor�a fid� em��o�ree, an}+ �ee,
carnrn�ss�on, �er��rt�a�e, �rokera�e fee, gif�, or an� otheT canside�ation cantingeni upon o�'
result€ng frorr� the award or makir�g �f th�s agreem��tt. ff ti�e �ity �Tea�hes �r violate� this
warran�y, �he �tate �h�lJ have tM� rig�t to ar�r�ul t�is agreernen# wit�o�# �iabifit�r or, �r� its
dis�retion, to declu� frorn the agreemer�t price or c�nsi��ratior�, or oth�rwi�e r�c�ver the fu��
arnaunt of t�re fee, cammi�si�n, brok�r�ge fee, gifit, or �anting�nt f�e.
Ar�rc�e 7�. Terrnination and Remedies
A. ��uses. TMis agreement sha�l eemain in eff�c# ur�til #�e project rs completed ar�d acce}ate[�
b� all par#i�s, �an�ess �h� ��reernent is t�rminated b�.
'I . 1�ritt�n a�re�m�nt �f the parti�s;
2_ Writ�er� n�t�c� from e�ther party be�ause the afhe� �arty cfid no� f�[fill i#s contract�a!
obliga�ions;
Traffio-Traf�c TE1�'!� Page 7 o�'i� RevRS�cf 0$13�1��11
STP�FED �TA�E ��� ffN�
� S J # � � 34-�9-Q�4
District #�8fD�4�
Cad� Chart 6� # � �T�O�
Project= 11� �80 �k Bonrrie 8r�e,
A+1�lorre, F�Iton, Al�ce, �arroll &
E lin
Federa� Nighway A�fminis#ration
�FD�1 #� 2�,�0�
N�t Rese�rch and Development
�, UVr�tt�r� no�ic� fr�rl�r th� ��ty, after fhe comple�i�r� �� prelimrnary engin�erir��,
s�e�ificati�ns, ar�d �s�i�nates, that it �lec�s n�# t� provide fundin�;
�. The �t�t� �f #h� Praject i� inactiv� �or thirty-six monti�s o� lor�ger an�i r�o expenditure�
have been ch�r�ed ag�ins� f�d�ral f�an�Js; or
�. Thirt� �30} days wrrtter� n�#ice �rom t�� St�te, wi�h or withou� caus�.
8. Pa�rmen�s Du� Af�er Terminati�r�,
1. If #he �tate t�rminate� this a�reeFrtent, th� �ta#e �hal! not b� Riab�e for an�r costs o#her
thar� tf�ose du� at the t�me of termFna�i�n.
�. If #�is agre�ment i� termrrrated ur�der Arti��� 1��A���) ar�d the project d�es r�ot procee�d
b��ause of in��affi�ien# funds� tF�e �ity �hal! rermburse #he �tate for its re�so�able ���ual
�osts inc�rred cfuring the proj��t.
3_ If �h�� agreement is terminated und�r Rrticl� 'I��A}��), the �rty sha�l npt incur ca�ts
� dunn� #he #hirty {��� cfa�� aft�r notioe Fs given i�#hos� cast� are more than the �as#�
���urred �lurin� th� preced�ng t�irty (��) c�ays.
�. Vafu� of �ompJeted Work. Ti�� �tate shall deterrnine t�e value of any work tt�at has b�n
�erf�rmec� at �he time of termin�t�orr. i� defermining the compen���ion for p�rk�al work, the
�#ate wi�l consi�le�
1. �c�ua� ��st� incurred in per�orming �h� work ta th� d�te of teEmina#ior�;
�, Tne am�urtt of work that was �ati�fac#orify �omple#�c� as of tf�e date �f #ermir�atior�;
�_ 7he value of the �rvo�k that is usable by the �fate;
�_ i`�e co�# to #he �tate �f employin� ot�ers to com�iet� tF�e required work;
5. T�e t�m� required ta ernpl��r o�i�ers to �omplete the work; ar�d
B_ Any oth�r facto�s that affe�t fF�e valu� tv the S#ate of the work perfvr�-ned.
D. Paym�nt of Adclitianal �osts. If tF�is a�reemer�t is t�rrrrinat�d und�r Arti�le 1�{R�{�), th�
�#�te ma�r #�k� aver the pro�ec# �n� complete t�� w�rk. The �ity �haCi �e liable to the
�t�te for �ny additionaf costs to the �t�#e cau��d k�y the ��rm�rta#ior�,
E. Excusa#�le Dela�s. Except with resp��t �o sub�ar�tractors, t�e �i#y wil! na# be �on�id�re�
it� d�fauRt for �ny failure tf�at ar�se� out of �auses b�}ronc} the �ontro! and �vith�ut the
r�e�ligen�e of th� ��ty. Th�se �r�clude ac#s of �od or the �ub�ic �r�em�r, a�#s of the
�overnment �r� it� �overei�n irrrmu�tity or oor��ractual capa�ity, �ire�, fl�ods, epidemi�s,
quarantin� restrictions, strikes, frei�ht �mbar�o�s, and unus�all�r �evere w�ather.
F. �urviving F�equiremenfs. Except for provi�i�ns t�t�� �p�ctfi�all�r �stablisk� res�on�i#���ifies
that �x#en� b�yorrcf the �g�err�ent perioc�, term�nation and ��ymer�t �r��1er this 2�rti�le
ex#Rn�uish the ri�hts, dut�es, and o�ligati�ns of th� ��ate �n� tt�e �it�r �nc�er t}�is agreerr�ent.
�. �erneclies, .
1_ An�r cos#s in�urr�c� �y the �#ate arising from the �eEminat�on of th is agreem�nt ur�de�
Artfc�e 1�{,4}{�} or {�} shall be ���d b}� t�t� �ity,
�. �`hrs agr�em�n� shalf n�t be cor�si�ered as s�eci�ying the ex�lusive rem�dy for an�
default, but aJl rerrtedies ex�sting at law ar�d in ec�ui•ty ma� �� purs�ed b� e�th�r p�rty
and shafl be ��muJatrve.
i`ra�o-ir�ffrc TE,��� P�ge � of �� Rev�sed �81�1l20� �I
�T�:F�� �1"AT� �ET7J�1�
��.1 # 0�T34-�9-�34
Dis�ric# #�81L�AL
Ca[�e Chart fi4 # 'I 14�Q
Project� �!� �80 at B�nnie Brae,
ll�alo�e, Fulton, Alice, �arroll $�
Elm
Federal Hi�hway A�drr�in�s#ratior�
�FDA # �0.���
�lot F�esearc� 2�nd Devei�pment
Arti�f� 1�. �omp��ance v�ritF� Laws
A. �omplian�e Reqe�irement. The �art�es �h�fl cornpl� �rvit� a11 a�pl�cable �er�eral� st�te, ��d
local la�nr�, s�atutes, ordina�nces, rule�, and r�guiations, ar�d the ord�rs and d�crees of �ny
�ourt� �r admin�s#r�tive bodies or tr�buna�s in an� �n��ner aife�ting the ��rformanc.� of #his
agre�mer��, in�lutling w�rE�er's corn��nsation I�ws, minimurra anc� m��cimum sai�ry and
wage statu#es ar�d re��lativns, r�ond�scri�nin2�tivn law�, �nd �i�er�s�ng law� and reguJatrot�s.
B. Proof of �ompliar�ce. A� the requ��� o€ the �tater th� �ity �h�aRl �urnish �2�#isfactary pr�of
of its com��iarace wi#� this arti�l�.
Art�cle'f4. �r�tuitie�
�#, Errrp�o�rees Not To Benefk �enplo��es of the �tate �r the �ity shal� not ��oept an�r
b�nefits, �if�s, �r �avors from �n� p�rso�t doir�g b�s�ness with, o� who re��onabl�r ��e�}����
ma�r do business wi#h �he ��ate or the �i#y under this agreement,
B. �rabiliity. Th� �ta�e ma� �errninate #�is agreemer�t �f the �ity o� a�� oth�r person who is
[f�i�g busine�s wit� or who rea�onabl}r speaki�� may do bus�r�ess with #he �tate und�r this
agreerr�ent offers ber�efits, g�fts, or favvrs t� �tat� �rrtpfo�ees in vio�atron of this pali��r.
Article 1�. �ubcont�a�ting
A. �rtor Approva�. Th� �i#y �h�ll no� as�ign, sub��n#��ct, or transfer servir.�s refate� to #he
w�r}c ue��et this ��reemer�t wit�to�t the acfvan�e wriften appr��raf of tF�e �tate.
B. Ftequired Provisior�s. �If sub�or�#racts shall in�lude t�� �rovisi�n� �o�ta�ned in this
agr�ement and �n�r afher pr�v�sior�s required b�+ law,
�. �i#� F�es�onsi#ilitie�. A sub��r�tra�t doe� �ot refieve the �ity of an�r respor�sibi�itres
under th�s agre�m�nt.
Ar#icl� '!6. Am�ndmen#s to this Agreemen#
P�n� �han�e t� one or r�tore �f the terms and canditi�ns o� this ageeerrtent shaN not be valid
ur�fess rnac�e ir� wrifing and �gre�cf to b�r the parties before �he �han�e is impler�ent�d_
Ar#icl� '17. Legal �ortstru�#ia�
I� any provis�on ir� this agreement is far �r�y rea�ar� h��d �o be ir�val�clF fII$��I, �r une�tfor�e����
in ar�}+ re�p�ct, #hat ir�valrc�rty, ilCe�aGt�, or u�tenfor�e�b�i�fy �ha�l n�t affect any �#har provisior�
o�this agreerrrer�t. In that case, this agre�ment shalf be �o�stru�d �s i� the ir�v�lid, illegal, �r
un�nforceable provision had nev�r �een contained in �t_
�1rt��le 9$. Successars �nd Assigt�s
A. Th� �Fty an�l the �ta�e bir�d them��lv�s and their sucaessor� �nd assi�n� ta each other
party �f this �g�e�ment and to tF�e su��essors and assig�� to �2�ch o�her ��,rty w�th regard
to all �ovenants of fhis age�ement.
7raffic-Tr�ffic TEA1� P�ge � of 13 Revised QBf����0'I �
�TP;FED �TAT� �ETTfN�
��J # 0����9-�34
Distrrct #181D�L
Code Chart fi4 # � 1��0
Project; !.!� �8p at Bonnie Bra�,
M���fl@, FLl��Of7, �+,�IC�, ��ff0�a �
�Im
�ederaf �iighw�� Admir�istr�ti�r�
�FDA # ��_�05
Not Res�a�'ch �rrd �evelo�ment
8. The �ity sh��l not �ssign, �ubco�tr�ct, or otherwrse transf�r its in#erest� in t�is a�r�ement
watf�out the wtiL#en appr�val ot#he �ta#�.
�rt�cfe 'i8. 5��� �4�r��rnent
Thi� a�re�m�n# c:�nsfit�tes th� ��I� agreernent l�etweer� t�� parkre� cor�cernin� t�e Project
a�d sup�rs�d�s any �rior understandir��� or written �r ora! agreemen#s between the �arties
resp���ing th� �u�ject rrtaiter of this agreem�n#.
ArtECre ��. Debarrrrer�t ��rtificatio�
The parti�� are prohib�fecf from m�l�ir�g ar��r awar� �t a��r ti�r to ar��r �ar#y th�t is dek��rrec� or
su�perrd�d or oth�rw�se �x�luded fr�m or ir��l��it��� for par�i�ipation in �ederal A�si�tance
Programs un�er �xecut��� �rder 'f��49, "D��arment and �uspensi�n." B�r executing fhis
a�reeme�t, th� �i�y certifies that it fs not current�}+ d��a�red, �uspend�d, or oth�rwi��
e�cclucfed fro�n ar ineai�ible for parti��pat�on in Feder�l �ssist�nce �r�grams u��er Executive
�rd�r 1�5�9 and furth�er �er#if�es that it wili no� do b�siness witf� ar�� party tha# i� �urrer�tfy
cfebarred, susper�cfed, or otherwrs� excJudec� from or ineligible �or p�rticipati�n in Federal
A�si�tan�e Programs un�er E�recutive �rder 1��49. The �arties to #hi� �greem�r�t �hall
requ�re ar�� parky to a subcon#ract or purchase order �,wa�d�d ur��er �hi� agteem�nt t� c�rkify
its eiigibility to receiv� fed�ral fund� �nd, wh�n req�e�ted b� the �tate, t� fu�nish a cop}r of the
certifi�ation.
Article ��1. �ivil ��gh#� �ornp�ian�e
The �ity sh�lf aampl�r wit� the re�ulatio�s of the Unit�d Sta#es Deparkmer�t o� Trartsp�rtatior�
as they re��t� �o norr-ciiscriminat�on (4� �FFt Part �'i �nd �3 �FF� Part ��0}, and �acecut�ve
Ord�r 1'!�d@ titl�d '"�c�ual �rr���o�rm�nt �pportunity,u �s amer�ded �� Exec�rtive �r�er 'I'1�7�
and sup�lernented irr t�e D��artmerrt of Lab�r �egu��#ions �4'I �FF2 �art 60)-
Article ��. Disa�dvar�ta+�ed Business Enfierpease (DB�� Prograrr� Requiremen#s
A. The p�rties shall comply with t}�e DBE �rqgram req�irernen#s est�bl�shed in 4� �FR Part
��.
B, 7'he �i#�r shall ad�p#, in i#s to#alit�r, tt�e �tate's fec�er�ll� ��proved DBE pro�ram.
�. The �rty shall s�t an �p�roprrate �B� �oaf consistent wit� the �tate's DB� �uideaines ar�d
rn �or���cfer�t�on of the laca� r�arket, �roject �ize, an�l nature of #h� goad� or s�rv�ce� to be
ac�uired, Th� �ity shall F�av� fnal decisi�n-ma}c�rr� au�ho�ity regardin� the DB� g�al at�c�
shall �e respons�i�fe f�r d�c�ment��� i#s actions_
D, 7he �it�r sY�afl fallow afl o#her parts of the �tate's DB� program ref�r�r�ced irr TxD�T ��m�
2��5, Nfemaranc#urrt of Understandin� Regae�ling the Adopt�on of tne Texas �epartm�nt of
7'ransp�rta�FOn'� FecleraJl�-�pprov�d Disadvantaged Business Enterprise b� En#�ty, �nc!
ait��hmer�� f�und �t web address htk ;lJ�c�lo�. ovlbusrnesslbus�ness outreaci�lr�o�,htm,
Tr2iffic-Traf�i� T�A1� P2�ge �10 of "f� Revised OSl3'Ef��i�
�TP�FED �TAT� LETTI�1�
��.3 # 01 �4-0�-Q�4
Distn�t #� 81DAL
Cocle Chart 6� # 19�Q0
Project: US �80 a# Bor�nie Bra�,
Nialone, Fulton, AJice, ��rro�l �
E� rr�
Federal Highway Adr�in�strat�on
�FDA # �0_���
IVo# ResearcJ� ant! Dev�loprr�ent
�. T�re �i#y s�aRl nat di�criminat� on �he b2�sis of r�,ce, �o�or, national origRn, �r �ex in #he
award and performan�e of an�r U.S, Department o� Tran�portation (D��)-assisted �ontra�f
or in the �dm€nrstratior� �f its DB� p�ogr�m or th� requ�rerr�ents of �9 �FF� Part ��. Th�
�Rty shall take �f� necess�ry ant� reasona�Je s#��s u�der �� �FF� Part �� to ensure no�-
d�s�r�mination in award ar�d �dmin�str�tiar� of D��-assis�ed �onfracfs, 7he St�te'� D8�
pr�gram, �s rec�utred ��r �4� �FR Part �� �r�d �s a�proved b� D�7, is �n��rporat�c� b�r
referen�e in this �greem�nt. Jrr�plementatior� of this prograrrx is a 1e�al obfi�ation �r�d
�ai�ure #� carry out its terms sha�l k�e tr�at�� a� a vio�atian o€#hi� agre�ment. lJ�ort
notifi�ati�n to tl�e ��#y of its failure to ca�r}r au# its a��roved program� the �tate rt-�a� irnpa�e
s�nctians �s provid�d for under �49 �FR P��t �� and mayr, rrt appro�riate c�ses, ref�r �he
matter �or enforc�ment �nd�r 18 U�� 1Q�1 anc! the Fragram �raucf �ivi1 F��►r�ec�Res Ac# of
1986 (�� 1.��� ����I et �eq.�.
F. Each c�n#r�ct the �it� �igns with ��ontr�ctor (and each �ubcontra�t the prirrte �ontractor
�agn� with a sub-�ar�trac#or} mus� inc�ude t�e falJow��� a��urar�ce: T#re �or��ractor, sub-
recfpfer�t, or st�f��orrtrac�or sh�l! nat drs�r�mir�ate �rr �he basr's of race, cplor, rra�r'or�a! orrgrrr,
or sex ir� the performarr�e o� �#ris cora �ra �� T�e �or�tr�c�or s�rafl carry out appfr'�able
requr'remer�ts o� 4� C�R Par� 26 ir� ttre award arrd adm�rr�str�atr'a�a o� �QT-assisted
c�rr�rac��. �arlur� by the �or��ractor �a carry ou� thes� reqr��rerraera�s �s a rr�a�eria! breach of
#hi� ayr�erraera�, 4YF�f��] �77�� fB�fl� �!1 ��]B �Bl�T1f178��Q�? O� t�]!� ��fBBff?#,'f7t Of $tJCI7 O�I7Ef ��lT'��C�j�
as �he recf�rer�� de�rr�s appr�priate.
Article 23. Procur�ment �nd Property M�nagem��t ��ar�darcl�
The p�r#��s �hafl adhere �o the �tocurerr�er�t standards e�tabfishec� i�r �� �FI� �'l8.�6 arrc� with
the prope�ty managern�nt standard es#ablished in 4� �FR �� 8.��,
Article �4, ��fr�� of 14lanagement and 8�dget ��lVIB} �o�t Principle�
In �rder to be re�mbursed wi�h fed�r�l fund�, the par#i�s shall co�n�l� with #he ��st Pr�r��iples
es�abli�h�c� ir� �J�+1B ��r�ularA-�7 that sp��ify that �fl �eimbursed costs ar� �llawa��e,
rea�onabler �r��1 alfoc�ble #o the Project.
�4rticr� ��. Lobb�ring ��rtifcatian
In �xe��#in� t�i� agreem�nt, ea�h s�grratar}r certifie� �o the b�st af tha# si�na#or}�s l�nowfedge
and �elief, that:
�#. h!o tedera� appropr�ated fur�d� have been pai� ar wilC b� pai� b}+ ar on behalf �f the p��tie�
to �r�y pers�r� for intlu�n�ing or attem�ting to influence ar� of��er or employee of ��t�
fe�l�Tal ag�n�y, a�1+1�rnber of ��ngr�ss, a� affi�er o� er��lo�re� of �ongre��, �r arr
errt�lo�re� �� a Iv�errtber of �ong�es� �n co�r�er;ti�n with �h� �watding af arr� federa�
contra�t, �he malcing o� any federal �rant, the makin� of �r��+ fed�r�l laan, the enteri�g int�
a� �,�y coa�erat�ve agreemen�, and t�e �x#ensi�r�, cor�tinuatian, r��ewal, amendmerr#, or
modificatron af an�r federal contract, grar�t, loan, ar c�oop�rat�ve agreerrtent_
Traffi�-Traffic 7EA'f4 Page "�1 of 1� Re+rised 08�3�J�0'fi
sr�:F�a sr�r� �Ernrv�
CSJ # Q'! 34-�9-�34
DFStrict #� �l�A�
�o[fe �hart B� # 1 �40Q
Project; US �80 at Bonr�ie Br�e,
M�lone, FuJton, AGce, �arroJf &
Eim
Feder2�� �iighvua� Admi�istr�#ion
��DA # �O,�Q�
N�t Res�arch and Development
B. Jf an}+ f�r�ds ot�er than ��dera� a�pro�ria#�c� f�r�d� have b�en pa�d or wil� be paid #� �r��
person for influen�ing or �t�em���r�g t� �nflue�ce an off�cer ar emp�ayee of an}+ agenc}�, a
11+1etr��er �� �on�r�ss, an off c�r or err�p��yee of �ongress, or �n em��o�ree o� a f��rr�ber of
�on�ress ir� �or�nection with f��efal cot�#ra�:ts, grants, I�ans, or coop�ra#ive agfe�ments,
�he s��r�atory f�r the �ity �h�ll oompl�te ar�� submi� �he Federa� �t��dard Forrtr-LLL,
"Disclo�ure Form to R�port Lobb�irrg�" in accordanc� with i#s in�truct�ons.
�. TF]� ��f�I�S ��1�fI f�C�l.Rlf� �I'1$t tll� I�fl�l18�@ 0� �i'I!S ��f'tl�C��lOr'I ��I�I� I7� l�1GILJC��� ��'i �r'I�
award �o�uments €�r ail sub-�w2��d� �t all ti�rs {�nc�u�ling suk�cant�'acf�, sub�gran#s, and
�a�tr�cts untler' �rants, �oar�s, and �voper�tRVe agreem�nts� an�! �11 �t�b-re�i�ients �Y�afl
c�rti�y and tf�s�lose ar��rdin�l�. �ubmission of this c�rkification �s � prerequ�site f�r mak�ng
or �ntering �nto this trat�sact�on irn���ed b}+ �1 �.15� �� ���. Ar�� person who fail� #o fiRe #he
requir�d �e�tif�cation sha�l be ��t�l�ct to a�ivil p�nalty of not le�s t�ar� $'l�,00� �nd t�a�
more t�an �1��,�0� for ea�h �uc� fa�i�are.
A�#icle �6. Federal �unding �4cco�ar�tab�lity and Transparency A�� F��q�iremertts
A. Any re�ipient of fur�ds under this a�r��ment ��ree� to corry�ly with the Fed�ra� Funding
Ac�ount��ifity an� Transp�,��ncyr Ac# and �m�Jemen#Rng �eg�lati�ns at ��FR Part 17�,
�r��ludin� Ap�endRx A. Thi� agr�eme�t �s su�ject to the ��Ifowing aw�rd terms:
I�tt ;lledo�lce#.acCe�s.at��_qovf��'� �lpclfl�0'f �-22���, pdf and
h�# :lledo�k�t,a�ces�,q_po.� ov1�0'I�Ir�df1��10��27�6.�cff.
B. The �ity agre�s t}�at it sF�all:
1. �b�ain and �rovit�� #a the �tate � �e�tr�� �ont���t�ng Re��stry {��R) number �Feder�l
Acquisitron F�egulafion, Part 4, �ub-par��,'1'��0) if#his �ward �rovides for mor� than
���,00� �n �ederai fundirrg. Tf-r� ��R numb�r may be obtained �y visitang th� ���
w�b-site whose acf�iress is; f�tt s:!lwvuw.b n. ovfccrl�efauCt.as �c;
�. �bta�r� and �ravi�fe to ti�� �tate � Data Ur�iversaf IVum�er�r�g �ysterrr (DUN�� nur�-�ber, a
�n�c�ue nirr�-ci�ara�ter r��mber tha� allaws th� Fed��al governrrr�nt to track the
distribu#ROn af �ederal mo�e�_ T�e D�lf�� num�er ma�r �e re�ues#ed free af charge for
a!1 �ausine�se� and entities �e�uired to do so by vi�itRr�g the Uur� S� Brac}str�et or�-line
re��st�at�on �v�bsi�� htt��.11fe��ov.clnb_cort�lw�bform; artd
�. R�po�t the total compensa#ion and names af i#s top five exec�atives to th� �tat� if:
a. Nlore th�n 80°l� of annu�,f �ross revenu�s are frorr� th� �ederal government, and
t�rose revenu�s are g��at�r than $�5,���,0�0; �n�
b. TF�e c�r��ensat�on �nf�rma#ion is not already availak�l� throu�h r�port�r�g to t�e lJ_�.
�ecurit�es �nd Ex�han�e �ommrss�on.
Ar#ic�e �7. �ingle Audit Rep�rt
�4. The partfes sF�al1 cornpR�r wrth the r�quiremen�s o� t�� Sir�gle Audit Act of 'I 98�, P. L. 98-�0�,
er���ar�ng t#��t #�e singl� �udit re}�or# in�i�ad�s tt�e cov�rage stipulated Rr� �fUlB ��r�ul�r
A-� ��.
Traffio-Trai�c iEA14 Page �� of �� F�evise� �81��f201'E
�TP:F�b �TAT'� LETi�f��
�5,1 # �13�-0�-�3�
Distri�# #�8lDAL
�ode �hart 6� # �114��
Praj�ct: !�� �$� at Bonni� Brae,
M�lone, Fult�n, AJice, �arrofl &
�Irn
�ederal Hi��,w�y Administ�ation
C�DA # 20.2p5
N�t R�sear�h and Development
B. li t�rr�sf�olc� ex�endi#ures af $�0�,0�� ar mor� are me# du�ing t�� �it�r's fis�al yrear, the �i�y
mu�t �u�rnit a�Rn��e Audit Report �r�d fl+lar�agem�nt L�tter �Rf a�pli��.t�le} t� TxD�T's Autlit
�ffic.�, 'I�� E. 1'ith �treet, Austir�, i� 7870� or con#a�t TxD�T'� Aucfit Office �t
hft :llwww.txd4t. ovl�ontact u�la�,dit.h#�.
�. I€ exp�r��#rtures are less than $�Q�,�00 c�uring th� �ity's fsca� �ear, th� �i�y m�ast submit a
st�terr-r�nt to �xDQ�'s Audrt �ffi�e as fo�Jotir�rs: "'We did r��t me�t the ��0�,�00 expenditu�e
thresho�d and #h�refore, are not rec�urred t� have a�ingle audit perfarme�l f�� �Y
„
, For ea�h ye�r the project r�mains ap�r� for ��deral tund�ng exper�ditures, t�re �ity wi�i b�
res�onsible for f�irtg a repork or stateme�t as c��scribed above. �`f�e required annua� fi�ir�g
shall exte�d thro��ho�rt the lif� af the a�re�ment, �r�less o#herwise arr��nded or the proj���
has be�n �orr�aFi�r c�o�ed out and na c�arges h�ve k�een Rncurred w�th�n t�e �urr�nt ��cal
year.
Arti��e ��. h!o#ices
All r��tices to �iti�er �arty �� th� other under t�ris agreement shal! b� d�liver�d ��rsan�lfy ar
�ent b}+ �ertifiec� or 11_�. maif, po�tag� pre�aid, �cldre�sed to #he a#f�er �Oart�r ai the following
addre�ses:
City �
�it of Denton
�i� En �ne�r
��1-A 7exas �treet
Dentan, Tex�s 7����1
�tate
Texa� �e artment �� �`�ar�s orka#�on
_ �irec#o� a� O�erations
4�i7 E_ Hi hwa 8� '�
N1eS ulte, TX 7��5�
AI� no#i�e� shall be deerrte�i ��ven on �h� date �l�a�ver�c! or� depasited fn the mail. �i�heT pa�-ty
ma� chan�e #h� a�o�re address by sendi�� urritten r�otice o� the �f�ange to the �#her party.
�it��r parly may reques# in wrFting t��t no#�ces sMa�� be de�ivef�d personaN}r or b� certi�ed U.�,
m�il, and the req�es� shaN be c�rr�ed au� by the ot��r party.
�4rticle �9. Signa#ory �Narranty
Eaci� signatory warrant� tha# th� �ign2�tary has neces�ary aut��nt�r #o e�cecute this ��r�erflen#
or� b�hal�o� th� entity r�preser�ted.
TrafFic-�raffic TEA�4 P��e 1� of'��
�7P:F�D �TAT� LETTIN� F�evised Q81�11�p� 1
�SJ # ���4-09-Q�4
Dis#rfct #481D�4�
�ode �hart 84 # � 140�
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:
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��`P; FE D STATE LETTf �!�
CITY OF DENTON CITY COUNCIL MINUTES
December 3, 2012
After deternuning that a quonim was present, the City Council convened in a Work Session on
Monday, December 3, 2012 at 11:30 a.m. in the City Council Worlc Session Room at City Hall.
PRESENT: Mayor Burroughs, Council Member Gregory, Council Member King, Council
Member Roden, and Council Member Watts
ABSENT: Council Member Engelbrecht, Mayor Pro Tem Kamp
1. Receive a report from the City Council Ethics Committee and hold a discussion regarding
recommendations of the Committee as a result of their meeting on October 12, 2012.
Anita Burgess, City Attorney, stated that the Council Ethics Comnuttee had met in October and
that the committee chair, Council Member Dalton Gregory, would review what they had
discussed.
Council Member Gregory stated that the Committee had considered whether the current Council
Ethics Policy needed to be updated or changed. The Committee had also considered whether it
would be appropriate to include an ethics training session at the next annual planning session.
He stated that the Committee had discussed having about a 30 minute review of the ethics niles
during the annual planning session. Since the policy referenced several state laws, they thought
that would give them a chance to wallc thni that and that there nught be some questions. Also the
Committee discussed whether the boards and commissions should follow the ethics policy.
Council Member Roden stated that he concurred with Council Member Gregory's comments
regarding the recommendations of the Committee.
City Manager George Campbell stated that they would discuss it with the Agenda Comnuttee to
see if it would be added to the annual planning session agenda or placed on a worlc session for an
upcoming meeting.
2. Receive a report, hold a discussion and give staff direction regarding a
Branding/Marlceting Proposal presented by the Economic Development Partnership
Board for a new Denton Airport Logq Tag Line, Anthem and Name. The Econonuc
Development Partnership Board recommends approval (7-0).
Quentin Hix, Director of Aviation, stated that the Economic Development Partnership Board had
appointed an Airport Branding Taslc Force to loolc at the airport, determine where the growth
was, deternune what the brand of service was, what should be done to prepare to marlcet the
Airport for continued development which included loolcing at the nanung, logo and other
marlceting information related to the Airport. The Taslc Force appointed Cleve Breedlove as the
Chair of the Taslc Force. The Board was assigned specifically to consider the name of the
airport, the theme line, an anthem statement which covered the services provided by the Airport,
and the logo and other graphical representation of the Airport for marlceting purposes. Hix stated
that they had used a marlceting consultant, Sullivan Perlcins, to create multiple options for each of
the five branding elements for consideration by the Taslc Force.
City of Denton City Council Minutes
December 3, 2012
Page 2
Hix reviewed the recommendations from the Taslc Force for the logq the tag line and name and
the anthem. He stated that the recommendation was to change the name of the Airport to Denton
Enterprise Airport.
Council Member Roden asked if the official airport code would remain DTO.
Hix stated yes. If the Council decided to change the name, they would have to notify the FAA.
Hix stated that it would talce approximately nine months to a year to notify the other entities that
published directories and other airport information for pilots or aviation publications to let them
lcnow that the name had been changed but officially DTO would stay.
Council Member King asked if adding DTO in the tag line would be beneficial to aircraft
personnel or marlceting personnel.
Hix stated that schedulers and dispatchers lcnew it by DTO. The people that we were marlceting
to in terms of aviation commercial and industrial development usually lcnew it by its name.
Mayor Burroughs stated that there had been a lot of discussion at the EDP Board meetings. He
stated that it was very difficult to come up with a perfect solution.
General consensus of the Council was to move forward with bringing the item back for Council
approval.
The Council agreed to let Don Smith spealc regarding this item.
Don Snuth spolce in opposition of this item. He stated that the city had a good airport. It was
functioning we1L It has had remarlcable growth in the last ten years. He thought it was a bad
idea.
Hix stated that this was a continuation of the implementation of the 2010 Business Plan.
Council Member Watts aslced if there was any input from the Airport Advisory Board.
Hix stated that it had been presented to the Airport Advisory Board and they had supported it.
Receive a report, hold
Investment Guidelines.
approval (8-0).
a discussion and give staff direction regarding Airport Fund
The Economic Development Partnership Board recommends
Quentin Hix, Director of Aviation, stated that these were guidelines that gave staff a frameworlc
in which to go out and negotiate leases of improved property at the airport in order to generate
more revenue than just the raw ground leases which had traditionally been done. Any individual
project that involved the investment of airport funds to then subsequently lease to an individual
tenant would still have to come through the vetting process back to the City Council for specific
approval as a project which would include a financial analysis.
The guidelines were included in a one-page summary in the baciciip as Exhibit 1. Basically, what
they entailed was that anyone who was involved in leasing improved property at the airport and
City of Denton City Council Minutes
December 3, 2012
Page 3
was proposing a public/private partnership involving invested airport funds would have to have
at least a five-year record of successful performance in whatever type of business they were in to
be vetted as a potential tenant. The return on investment that the airport would malce on the
funds would be considered an investment that through the lease rates would have to be recovered
over a 20-year period with at least a 4.25% return. In addition to that, there would be an
additional margin through the lease rate that would produce as much as 25-50% additional cash
flow for the year to go specifically to operating and maintenance. All the revenues from any
improved property would go into the fund and at the end of the year, as an Enterprise Fund, any
surplus would go into Capital and Surplus for future investment or any deficit from operating
revenues would be covered by the Capital and Surplus that was generated primarily from gas
well royalties.
Hix stated that the idea was to get the Airport to the point where it was operating as an Enterprise
Fund and was not dependant on gas well royalties for ongoing annual direct or indirect expenses.
This too was a continuation of the proposal in the 2010 Business Plan for the Airport to operate
with financial sustainability as an Enterprise Fund. Staff was loolcing for direction on these
proposed guidelines.
Council Member Watts felt that in number 2 of the proposed guidelines a 425% annual return on
investment was too low. He stated that this was an Enterprise Fund and any bank would loan
money at a margin of what they were able to purchase it at so he felt more comfortable having
that a little higher. He aslced about putting in some specific procedures in the event the annual
return needed to be changed based upon marlcet conditions. He aslced about where it said "may
be adjusted periodically by the City to reflect a current cost of capital for the City of Denton" —
did they want to leave it that open-ended or did they want to have some other type of process
where that was defined.
Mayor Burroughs suggested that in number 3 of the proposed guidelines, adding the word
"minimum" in front of "a range of twenty-five percent to fifty percent".
4. Receive a report, hold a discussion and give staff direction regarding Airport entry
infrastnicture improvements. The Airport Advisory Board recommends approval (6-1).
Quentin Hix, Director of Aviation, stated that this was a proposed entry improvement at the
Denton Airport that staff had been worlcing on. There was a need to provide a Denton County
Transit Authority (DCTA) bus stop and turnaround to accommodate bus service scheduled to
begin in January 2013. Alsq there was a need to provide a tnicic turnaround for the daily traffic
of senu tractor-trailers that reach the dead end of FM 1515 at the Airport entrance and then had
no accommodation to turn and go bacic on the highway. Another current improvement that
needed to be accommodated with the Airport entry improvement was a small open area for a
sculpt�ire commissioned by the City Council through the Parks Department.
Hix stated that as part of the proposed entry improvement, Airport staff had included a new road
entering from Airport Road and connecting south to an extension of Spartan Drive. This
improvement would allow access to over twenty-seven commercial hangar locations in the
southeast area of the Airport, as well as a location for on-site directional signage for public
access to these sites. Both US Aviation Services and Business Air Management would be
accommodated by the improved entry access and signage.
City of Denton City Council Minutes
December 3, 2012
Page 4
Hix stated that this was presented to the Airport Advisory Board at their November 14, 2012
meeting. The Airport Advisory Board recommended approval of a modified improvement to the
Airport entry. The portion of the proposal related to the bus stop/tnicic turnaround was approved
and the portion of the proposed entry improvement related to the southbound entry road was
tabled for future consideration. The discussion with the Airport Advisory Board included
specific requests of staff to provide more information regarding potential development in the
area adjacent to the southbound entry road and notification to all tenants in the southeast area of
the Airport that this improvement was pending. Notification to tenants had been provided and
staff had not received any feedback. Additional area development information would be
discussed with the Airport Advisory Board at the December 12 meeting.
Hix stated that last Friday one of the board members, who did not support the southbound road,
sent an email to a number of people and renunded them that if they wanted input on this that they
should contact staff and express their concern about it. Hix received seven emails — five were
from tenants, one was from a fixed base operator, and one was from Milce Nebrig, Nebrig and
Associates. They indicated for one reason or another that they felt it was an inappropriate
improvement and an inappropriate use of funds. Overall they felt it was providing a benefit to
one specific tenant at the Airport.
The Council agreed to let Jeff Soules with U.S. Aviation spealc regarding this item.
Jeff Soules, U.S. Aviation, 4850 Spartan Drive, stated that this improvement would benefit U.S.
Aviation, but it would also benefit other customers — anyone on the south side of the Airport
would have access onto Westcourt.
Consensus of Council was to proceed with Phase 1 and wait for a recommendation from the
Airport Advisory Board on Phase 2.
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
Council did not have any items.
City of Denton City Council Minutes
December 3, 2012
Page 5
With no further business, the meeting was adjourned at 1:03 p.m.
MARK BLJRROUGHS
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
December 4, 2012
After deternuning that a quonim was present, the City Council of the City of Denton, Texas
convened in a Worlc Session on Tuesday, December 4, 2012 at 3:30 p.m. in the Council Worlc
Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden.
ABSENT: Mayor Pro Tem Kamp, Mayor Burroughs.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments presented on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for December 4, 2012.
Council Member Watts stated that for Item 6C, he would have to recuse himself from the
meeting and someone would need to chair the meeting during that particular item.
City Attorney Burgess stated that the Council policies had a provision which allowed them to
elect a chair under these circumstances.
Council Member Roden asked about Consent Agenda Item N— if this request for exception to
the noise ordinance was for one year.
Emerson Vorel, Director of Parlcs and Recreation, stated that the original request was for an
exception for every Friday for a one-year period, but Council had never approved a request for
that amount of time. Staff felt a six weelc trial period should be approved, after which time the
request could be re-evaluated based on neighborhood input.
Council Member Watts aslced about Consent Agenda Item B— the HVAC system at the MLK
Recreation Center. He aslced about the fact that most of the bids were around the same price but
the low bid was about 25% lower than the other bids.
Elton Brocic, Purchasing Manager, stated that they had met with the contractor and the contractor
had confirmed that they would be able to meet all specifications of the bid.
Council Member Gregory aslced about Consent Agenda Item P— the Waide Road Bridge and
what we were going to do with it.
City Manager Campbell stated that staff had identified a location in the North Lalces Parlc area.
He stated that the County Judge had suggested placing it in Qualcertown Parlc but it was not
feasible to do at this time due to the flood plain.
Council Member King arrived at the meeting at 3:40 p.m.
City of Denton City Council Minutes
December 4, 2012
Page 2
Council Member Watts aslced about Public Hearing Item SA — modification to the vested rights
section of the Development Code. He thought that there should be an avenue for an appeals
process.
City Attorney Burgess stated that she recommended leaving the initial adnunistrative review
with the City Manager. If there needed to be an appeals process, she recommended that appeal
be to the Zoning Board of Adjustment.
Following the completion of the Worlc Session, the City Council convened in a Closed Meeting
to consider the following:
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consult with City's attorneys regarding legal rights, restrictions and obligations
associated with real and personal property located at the Denton Municipal
Landfill, and with the potential lease of such real and personal property to third
parties, where a public discussion of such legal matters 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. To the
extent that discussion of the lease of such real property to third parties nught
place the City at a disadvantage in negotiations, that component may be
excepted under Section 551.072 as well.
2. Consult with the City's attorneys regarding legal issues associated with the
exercise of enunent domain to acquire real property interests for public use,
including without limitation, statutory procedural requirements related to the
initiation of an enunent domain action, 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 adnunistrative proceeding or potential litigation.
3. Consultation with the City's attorneys regarding legal issues associated with the
potential condemnation of real property interests located in the O. S. Brewster
Survey, Abstract No. 56, located generally in the 1700 Blocic of South Bonnie
Brae Street, 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.
B. Consultation with Attorneys - Under Texas Government Code Section 551.071;
and Deliberations regarding Real Property - Under Texas Government Code
Section 551.072.
City of Denton City Council Minutes
December 4, 2012
Page 3
1. Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the acquisition of a tract of fee land for public purposes
situated in the Gideon Wallcer Survey, Abstract Number 1330, in the City of
Denton, Denton County, Texas, generally located at south Mayhill Road
north of Gayla Drive. 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 regarding expanding and improving the
City of Denton Landfill, a pernutted municipal solid waste disposal facility.
(Wilson - Landfill)
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. (Vela - 691cV DME)
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 M.E.P. & P.R.R. Co. Survey, Abstract No. 1475, City of
Denton, Denton County, Texas, and located generally along the 2500 blocic 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. (Dillard -
691cV DME)
C. Consultation with Attorney - Under Texas Government Code Section 551-071,
Deliberations regarding Econonuc Development Negotiations - Under Texas
Government Code Section 551.087.
1. Receive a report and hold a discussion with the city's attorneys regarding the
creation of a Tax Increment Reinvestment Zone on property located north of
Airport Road near the Denton Airport where such discussion involves legal
City of Denton City Council Minutes
December 4, 2012
Page 4
issues on matters in which the duty of the attorney to the governmental body
under the Texas Disciplinary niles of Professional conduct of the State Bar of
Texas clearly conflicts with the provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code. Also hold a discussion
regarding financial information the City Council will review, including the
potential offer of financial or other incentives, concerning the development of
an industrial parlc on approximately 700 acres located north of Airport Road
near the Denton Airport.
The Closed Meeting adjourned at 6:00 p.m.
The City Council convened in a Regular Meeting at 6:30 p.m. in the Council Chambers.
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. Presentation by the American Heart Association to Denton as a Fit
Friendly Employer.
Amy Johnson with the American Heart Association presented the Fit Friendly Employer award
to Council Member Watts and Scott Payne, Rislc Manager.
2. Police Appreciation Day
Council Member Watts presented the Police Appreciation Day Proclamation to Police Chief Lee
Howell, Officers Jason Kolba, Ryan Rigdon, Ryan Kane, Shane Kizer, Orlando Hinojosa, Paul
Willenbrocic, and Jim Bryan, and Gary Steele with the Citizens Police Academy and Alumnae
Association.
3. CITIZEN REPORTS
There were no citizen reports.
4. CONSENT AGENDA
A�proved the minutes listed below.
A. Consider approval of the nunutes of:
November 5, 2012
November 6, 2012
November 13, 2012
November 19, 2012
City of Denton City Council Minutes
December 4, 2012
Page 5
Ordinance No. 2012-322
B. Consider adoption of an ordinance accepting bids and awarding a public works contract
for the renovation of the Heating Ventilation and Air Conditioning (HVAC) System at
the City of Denton Martin Luther King Recreation Center; providing for the expenditure
of funds therefor; and providing an effective date (Bid 5020-awarded to Integrity Texas
Constniction LTD. in the amount of $116,431).
Ordinance No. 2012-323
C. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of Cem-Lime from
Texas Industries Inc. (TXI), which is available from only one source and in accordance
with Chapter 252.022 of the Texas Local Government Code such purchases are exempt
from the requirements of competitive bidding; and providing an effective date (File
5048-Purchase of Dry Cem-Lime and Cem-Lime Super Slurry for Street Department in
the annual estimated amount of $300,000 for a five year estimated total of $1,500,000).
Ordinance No. 2012-324
D. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of LifePalc 15
Defibrillators from Physio Control, Inc., which are available from only one source and in
accordance with Chapter 252.022 of the Texas Local Government Code such purchases
are exempt from the requirements of competitive bidding; and providing an effective
date (File 5123-Purchase of Defibrillators for the City of Denton Fire Department in the
estimated amount of $560,000 for the replacement of fourteen units over a five (5) year
period).
Ordinance No. 2012-325
E. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or
his designee to execute a contract through the State of Texas Cooperative Purchasing
Program for the purchase of Polymer for the City of Denton Pecan Creelc Water
Reclamation Plant as awarded by the State of Texas Contract 885-M1(885-77); and
providing an effective date (File 5025-Polymer for Pecan Creek Water Reclamation Plant
awarded to Polydyne Inc. in the unit price amount of $1.07/lb for an estimated annual
amount of $90,000 with four (4) one year renewal options). The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2012-326
F. Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of Fiber Optical Ground Wire (OPGW) for Denton Municipal
Electric; providing for the expendit�ire of funds therefor; and providing an effective date
(RFP 5030-Supply of Electric Utility OPGW Transmission Conductor awarded to
Techline, Inc. in the not to exceed amount of $630,000). The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2012-327
G. Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of 691cV and 1381cV Substation Switches for Denton Municipal
City of Denton City Council Minutes
December 4, 2012
Page 6
Electric; providing for the expendit�ire of funds therefor; and providing an effective date
(RFP 5071-Supply of Electric Utility 691cV and 1381cV Substation Switches awarded to
Southern States, LLC in the not to exceed amount of $5,850,000). The Public Utilities
Board recommends approval (6-0).
Ordinance No. 2012-328
H. Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of Polymer Insulators for Denton Municipal Electric; providing
for the expenditure of funds therefor; and providing an effective date (RFP 5075-Supply
of Polymer Insulators awarded to Techline, Inc. in the not to exceed amount of
$590,000). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2012-329
L Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of porcelain station post insulators for Denton Municipal
Electric; providing for the expendit�ire of funds therefor; and providing an effective date
(RFP 5023-Supply of Porcelain Station Post Insulators awarded to Victor Insulators, Inc.
in the not to exceed amount of $280,000). The Public Utilities Board recommends
approval (6-0).
Ordinance No. 2012-330
J. Consider adoption of an ordinance accepting competitive proposals and awarding
contracts for the purchase of electric utility 691cV and 1381cV instniment transformers for
Denton Municipal Electric; providing for the expenditure of funds therefor; and
providing an effective date (RFP 5064-Supply of Electric Utility 691cV and 1381cV
Instniment Transformers awarded to ABB HVIT in the not to exceed amount of
$2,290,000, Alstom Grid, Inc. in the not to exceed amount of $200,000, and Trench
Limited in the not to exceed amount of $50,000 for a total award amount not to exceed
$2,540,000). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2012-331
K. Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of Phase Over Phase 1381cV Pole Mounted Gang Operated Air
Break (GOAB) Switches for Denton Municipal Electric; providing for the expenditure of
funds therefor; and providing an effective date (RFP 5065-Supply of Phase Over Phase
1381cV Pole Mounted Gang Operated Air Brealc (GOAB) Switches awarded to Stuart C.
Irby Company in the not to exceed amount of $470,000). The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2012-332
L. Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of electric utility transmission conductor (Cumberland and
Lupine) for Denton Municipal Electric; providing for the expendinire of funds therefor;
and providing an effective date (RFP 5066-Supply of Electric Utility Transnussion
Conductor (Cumberland and Lupine) awarded to Stuart C. Irby Company in the not to
exceed amount of $1,410,000). The Public Utilities Board recommends approval (6-0).
City of Denton City Council Minutes
December 4, 2012
Page 7
Second Readin�
M. Consider adoption of an ordinance on second reading granting to Oncor Electric Delivery
Company LLC a non-exclusive franchise for the purpose of constnicting, maintaining,
and using an electric delivery utility system in the City of Denton; regulating the
constniction worlc done by the grantee in the City; requiring j oint use of poles, trenches,
and conduits in certain instances; prescribing the relationship and relative rights between
grantee and others with respect to constniction in the City and location of facilities;
prescribing the duties, responsibilities, and nile malcing authority of the City Manager
and the City with respect to adnunistration of this franchise; requiring certain records and
reports and providing for inspections and location of principal offices; reserving to the
governing body of the City the right to set charges and rates of grantee; providing the
rights and responsibilities of the governing body in setting the rates; providing for
enforcement of the franchise; prescribing the compensation to the City from the grantee
for the franchise privilege; providing for assignment of the franchise; providing
indemnity of the City and its employees; providing for good faith effort; providing for
insurance; setting forth the term of the franchise and its renewal; repealing Ordinance
No. 2001-405 as amended; providing for acceptance of the franchise by grantee; finding
that the meeting at which this Ordinance is passed is open to the public; providing for
severability; and providing an effective date. (Second Reading)
A�roved the request listed below.
N. Consider a request for an exception to the Noise Ordinance for the purpose of performing
live music by the SuperEstrellas at the La Estrella Mini Marlcet, on the corner of
McKinney Street and Railroad Avenue, for each Friday night beginning December 7,
2012, through January 11, 2013, from 8:00 p.m. until nudnight. This request is for an
extension of hours from 10 p.m. to nudnight for amplified sound. The amplified sound
will remain at the allowable 65 decibels. Staff recommends the exception be granted
until midnight.
Ordinance No. 2012-333
O. Consider adoption of an ordinance authorizing the City Manager or his designee to
execute a contract of sale (herein so called), as attached to the ordinance and made a part
thereof as Exhibit "A", by and between the City of Denton (the "City"), and Gary Dennis
Dillard (the "Seller") contemplating the sale by Seller and purchase by City of a 3.480
acre tract of land, more or less, being generally located in the 2500 blocic of east
McKinney street and situated in the M.E.P. & P.R.R. CO. Survey, Abstract Number
1475, City of Denton, Denton County, Texas (the "Property Interests"); for the purchase
price of Three Hundred Ninety Thousand and No/100 Dollars ($390,000.00); authorizing
the City Manager, or his designee, to execute and deliver any and all other documents
necessary to accomplish closing of the transaction contemplated by the contract of sale;
authorizing the expendinire of funds therefore; authorizing, to the extent applicable,
relocation expenditures; and providing an effective date. (691cV Transnussion Line Re-
build Proj ect)
Ordinance No. 2012-334
P. Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal
Cooperation Agreement between Denton County, Texas, and the City of Denton, Texas
City of Denton City Council Minutes
December 4, 2012
Page 8
accepting Denton County's donation of the Waide Road Bridge and agreeing to accept
the financial responsibility for any relocation, storage, refurbishing, and transportation
expenses necessitated by this agreement and associated with the bridge; and providing
for an effective date.
Council Member Gregory motioned, Council Member King seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote: Council Member King,
Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Council
Member Roden —"aye". Motion carried unanimously.
5. PUBLIC HEARINGS
Ordinance No. 2012-335
A. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending Subchapter 35.3.8 of the Denton Development Code
concerning the adoption of the vested rights deternunation revisions. (DCA12-
0007)
Darren Groth, Gas Well Adnunistrator, stated that the request was to delete and replace the
current Denton Development Code Section 35.3.8 with a new section that was more consistent
with Chapter 245 of the Texas Local Government Code. The City of Denton's current vested
rights provision was adopted in 2002 and provided broader vested rights protection than Chapter
245 of the Texas Local Government Code.
Upon application, the Director nught allow an application to be processed under pre-existing
land development regulations if certain conditions applied. The second part of that was whether
the applicant could demonstrate a project in progress pursuant to state law (i.e., Chapter 245).
The current provisions allowed an applicant to claim vested rights protection earlier than the
project's filing date. What the amendment would do was replace the entire language in the
current Development Code with a newly written section. The amended language would
eliminate the "pre-existing, investment-backed, good faith expectation" protection to be
consistent with Texas Local Government Code Chapter 245.
The amendment would outline a process where an applicant had the onus to demonstrate that the
project contained one or more vested rights protections consistent with the City Council's view
of vested rights. The applicant must file a petition containing information that addressed the nine
criteria listed in the new amended language. The Director must then deternune whether the
application was complete per the DDC. Once complete, the application would be forwarded to
the City Manager and City Attorney for their respective reviews. The City Manager nught
request a pre-determination conference with the applicant. The City Manager would then render
a final administrative deternunation that granted the relief or denied the relief with 30 days of the
date the petition was complete.
Groth explained that this was the recent change to the language in the exhibit based on the
discussion during the Worlc Session. The City Manager's decision must be made within 30 days
of the date the petition was completed. The City Manager could grant or deny relief. The City
Manager's decision must include a statement of the nature and scope of the project and the
City of Denton City Council Minutes
December 4, 2012
Page 9
reasons for the decision, and should identify those current regulations applicable to the project,
and those prior existing regulations applicable to the project, if any. Once that decision was
made it would be filed in the project's file. An appeal of the City Manager's decision should be
to the Board of Adjustment. Notwithstanding the final decision, the City and applicant could
enter into an agreement that modified the final decision and the applicable regulations to be
applied to the proj ect. Staff recommended approval of the proposed amendment.
Council Member Roden aslced Groth to confirm that this did not apply to gas well applications
only.
Groth stated that was correct.
Council Member Watts opened the public hearing.
Tavia Russell, 2302 Jacqueline Drive — spolce regarding the item.
Council Member Watts closed the public hearing.
Council Member Gregory motioned, Council Member Roden seconded to approve the ordinance
with the revisions discussed. On roll call vote: Council Member King, Council Member Watts,
Council Member Gregory, Council Member Engelbrecht, Council Member Roden —"aye".
Motion carried unanimously.
Ordinance No. 2012-336
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a Comprehensive Plan Amendment from a
"Neighborhood Centers" future land use designation to a"Community Mixed
Use Centers" future land use designation on approximately 22 acres of land
located on the west side of Teasley Lane (2181), between Hicicory Creelc Road
to the north and Old Alton Road to the south, in the City of Denton, Denton
County, Texas; and providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (CA12-0003)
The Planning and Zoning Commission recommends approval (7-0).
Brian Locldey, Interim Director of Planning and Development, stated that there were two
requests which he would be malcing a joint presentation for. He stated that the first item was a
public hearing for a Comprehensive Plan Amendment to change the future land use designation
from Neighborhood Centers designation to Community Mixed Use Centers designation. The
second part of the presentation would deal with the re-zoning, and that would be from NR-6 to
CM-G. The subject property was located on the west side of Teasley Lane, between Hicicory
Creelc Road to the north and Old Alton Road to the south.
The property currently consisted of a single-fanuly residence. It was approximately 20 acres in
size. The future plans for this property included a subdivision of the property with the front half
of the property being platted out into a 22 acre parcel that could be used for future retail or
commercial development. The future land use designation was Neighborhood Center. The
proposed funire land use would change that designation to Community Mixed Use.
City of Denton City Council Minutes
December 4, 2012
Page 10
The criteria for approval of a Comprehensive Plan amendment had been met: the goals and
objectives of the Denton Plan; the future land use element of the Denton Plan; the balance of
land uses in the City; and adequate public facility elements of the Denton Plan, and how the
proposed change would affect the provision of the services anticipated in the Denton Plan.
The public notification process included thirteen notices to property owners within 200 feet and
52 notices were sent to property owners within 500 feet. No notices in opposition to this request
were received.
The Planning and Zoning Comnussion recommended approval of the amendment as did the
Development Review Committee.
In conjunction with this request, a request had been made for a rezoning from Neighborhood
Residential 6 to Community Mixed Use General zoning district. The rezoning conformed to the
Future Land Use element of the Denton Plan; and the proposed rezoning facilitated the adequate
provisions of transportation, water, sewers, schools, parks, other public requirements and public
convenience.
The public notification process included thirteen notices to property owners within 200 feet and
52 notices were sent to property owners within 500 feet. No notices in opposition to this request
were received.
The Planning and Zoning Comnussion recommended approval of the amendment as did the
Development Review Committee.
Council Member Watts opened the public hearing for Item SB and SC.
Bob Shelton, 2308 RanchHouse Drive, stated that he was the applicant and would answer any
questions the Council had.
Council Member Watts closed the public hearing.
Council Member King motioned, Council Member Roden seconded to approve the ordinance for
Item SB. On roll call vote: Council Member King, Council Member Watts, Council Member
Gregory, Council Member Engelbrecht, Council Member Roden —"aye". Motion carried
unanimously.
Ordinance No. 2012-337
C. 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
6(NR-6) zoning district and use classification to a Community Mixed Use
General (CM-G) zoning district and use classification on approximately 22
acres of land located on the west side of Teasley Lane (2181), between Hicicory
Creek Road to the north and Old Alton Road to the south, in the City of Denton,
Denton County, Texas; and providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (Z12-0007)
The Planning and Zoning Commission recommends approval (7-0).
City of Denton City Council Minutes
December 4, 2012
Page 11
Council Member King motioned, Council Member Roden seconded to approve the ordinance for
Item SC. On roll call vote: Council Member King, Council Member Watts, Council Member
Gregory, Council Member Engelbrecht, Council Member Roden —"aye". Motion carried
unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE
USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
Ordinance No. 2012-338
A. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire through the exercise of the right of eminent domain (I) a utility and
slope easement encumbering 0.05 acre of real property; and (I� a temporary
constniction, grading and access easement encumbering 0.08 acre of real
property, for the public use of expanding and improving Bonnie Brae Street, a
municipal street and roadway located in the City of Denton, Texas, generally
located in the 1700 blocic of South Bonnie Brae Street, and situated in the O.S.
Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas,
as more particularly described in Exhibit "A" and Exhibit "B", respectively, each
attached to the ordinance and made a part thereof (collectively, the "Property
Interests"); authorizing the filing and prosecution of enunent domain
proceedings to acquire the Property Interests; authorizing the expenditure of
funds therefore; malcing findings; providing a savings clause; and providing an
effective date. (Parcels 7 and 8- Martin - Bonnie Brae Widening and
Improvements proj ect)
Council Member Gregory motioned, Council Member King seconded the following:
"I move that the City of Denton, Texas authorize the use of the power of enunent domain to
acquire (1) a utility and slope easement encumbering 0.05 acre of real property; and (2) a
temporary constniction, grading and access easement encumbering 0.08 acre of real property;
generally located in the 1700 blocic of South Bonnie Brae Street, located in the O.S. Brewster
Survey, Abstract 56, and being more particularly described in Exhibit "A" and Exhibit "B",
respectively, to the ordinance now under consideration and on the overhead screen being now
displayed to the audience, for the public use of Bonnie Brae Street improvements and expansion,
a street or roadway in the City of Denton, Texas."
On roll call vote: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden —"aye". Motion carried unanimously.
Ordinance No. 2012-339
B. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire through the exercise of the right of eminent domain (I) fee simple title
to the surface estate, with waiver of surface use related to the nuneral estate, of
an approximate 7.36 acre tract of real property; (II) a slope easement
encumbering 0.33 acre of real property; (III) a drainage easement encumbering
1.35 acres of real property; and (IV) a temporary constniction, grading and
access easement encumbering 0.03 acre of real property, for the public use of
City of Denton City Council Minutes
December 4, 2012
Page 12
expanding and improving Bonnie Brae Street, a municipal street and roadway
located in the City of Denton, Texas, generally located in the 3100 blocic of
South Bonnie Brae Street, and sit�iated in the James Edmonson Survey, Abstract
Number 400, City of Denton, Denton County, Texas, as more particularly
described in Exhibit "A", Exhibit "B", Exhibit "C" and Exhibit "D", respectively,
each attached to the ordinance and made a part thereof (collectively, the
"Property Interests"); authorizing the filing and prosecution of eminent domain
proceedings to acquire the Property Interests; authorizing the expenditure of
funds therefore; malcing findings; providing a savings clause; and providing an
effective date. (Parcel 35 - Parkes - Bonnie Brae Widening and Improvements
proj ect)
Council Member Roden motioned, Council Member King seconded the following.
"I move that the City of Denton, Texas authorize the use of the power of enunent domain to
acquire (1) fee simple to the surface estate, with waiver of surface use related to the nuneral
estate of 7.36 acres of real property; (2) a slope easement encumbering 0.33 acre of real property;
(3) a drainage easement encumbering 1.35 acres of real property; and (4) a temporary
constniction, grading and access easement encumbering 0.03 acres of real property; generally
located in the 3100 block of south Bonnie Brae Street; located in the James Edmonson Survey,
Abstract 400, and being more particularly described in Exhibit "A", Exhibit "B", Exhibit "C",
and Exhibit "D", respectively, to the ordinance now under consideration and on the overhead
screen being now displayed to the audience, for the public use of Bonnie Brae Street
improvements and expansion, a street or roadway in the City of Denton, Texas."
On roll call vote: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden —"aye". Motion carried unanimously.
Council Member Watts recused himself from the meeting due to a conflict of interest.
Council Member Engelbrecht presided over the meeting.
Ordinance No. 2012-340
C. Consider adoption of an ordinance finding that a public use and necessity exists
to acquire through the exercise of the right of enunent domain (I) fee simple to
the surface estate, with waiver of surface use related to the nuneral estate, of an
approximate 0.07 acre tract of real property; (II) a utility and slope easement
encumbering a 0.07 acre tract of real property; (III) a utility and drainage
easement encumbering a 0.01 acre tract of real property; (IV) a drainage
easement encumbering a 0.03 acre tract of real property (V) a slope easement
encumbering a 213 square foot tract of real property; and (VI) a temporary
constniction, grading and access easement encumbering a 0.08 acre tract of real
property, for the public use of expanding and improving Bonnie Brae Street, a
municipal street and roadway located in the City of Denton, Texas, generally
located in the 2200 blocic of South Bonnie Brae Street, and situated in the O.S.
Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas,
as more particularly described in Exhibit "A", Exhibit "B", Exhibit "C", Exhibit
City of Denton City Council Minutes
December 4, 2012
Page 13
"D", Exhibit "E" and Exhibit "F", respectively, each attached to the ordinance
and made a part thereof (collectively, the "Property Interests"); authorizing the
filing and prosecution of enunent domain proceedings to acquire the Property
Interests; authorizing the expenditure of funds therefore; malcing findings;
providing a savings clause; and providing an effective date. (Parcel 24 - Watts -
Bonnie Brae Widening and Improvements project)
Council Member King motioned, Council Member Gregory seconded the following.
"I move that the City of Denton, Texas authorize the use of the power of enunent domain to
acquire (1) fee simple to the surface estate, with waiver of surface use related to the nuneral
estate, of an approximate 0.07 acre tract of real property; (2) a utility and slope easement
encumbering 0.07 acre of real property; (3) a utility and drainage easement encumbering 0.01
acre of real property; (4) a drainage easement encumbering 0.03 acre of real property; (5) a slope
easement encumbering 213 square feet of real property; and (6) a temporary constniction,
grading and access easement encumbering 0.08 acre of real property, generally located in the
2200 blocic of South Bonnie Brae Street, located in the O.S. Brewster Survey, Abstract 56, and
being more particularly described in Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D", Exhibit
"E" and Exhibit "F", respectively, to the ordinance now under consideration and on the overhead
screen being now displayed to the audience, for the public use of Bonnie Brae Street
improvements and expansion, a street or roadway in the City of Denton, Texas."
On roll call vote: Council Member King, Council Member Gregory, Council Member
Engelbrecht, Council Member Roden —"aye". Motion carried unanimously.
7. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Receive a report and hold a discussion regarding the status of the widening of
U.S. Highway 380.
Frank Payne, City Engineer, made a presentation regarding the Highway 380 Utility Relocation
project from Bonnie Brae to Elm Street and Egan Road to I-35 N.
Payne stated that TxDOT was widening Highway 380 from Elm Street to the Wise County line
in three separate projects. TxDOT received bids in November for the U.S. 380 "In-Town"
project, which was from Bonnie Brae to Elm Street. Low bid was Jagoe Public. This project
had a completion time of approximately two years. Constniction was expected to begin
sometime in October 2013.
Payne stated that TxDOT had received bids in July 2012 for the "Urban" project, which was
from I-35 west approximately .4 miles west of F.M. 156 with a low bid from Texas Sterling
Constniction. This project had a completion time of approximately three years. Constniction
was expected to begin in January or Febniary 2013. Constniction was also expected to begin at
the Wise County line and proceed east in order to give the City additional time to clear its water
and wastewater utilities.
City of Denton City Council Minutes
December 4, 2012
Page 14
Payne stated that City staff was worlcing to clear utilities from both sections of roadway in
advance of the TxDOT projects. The US 380 "In-Town" project was being done in two phases.
The first phase was primarily from Elm Street west to Carroll Boulevard with some additional
worlc at Gay Street in order to assist with the tinung of the constniction of the Wash Factory
facility. This worlc was designed in-house and was being constnicted by a combination of City
crews and annual bids for constniction. Worlc began in June 2012 and was expected to be
completed by the end of the year.
The second phase was from Carroll Boulevard west to Bonnie Brae Street. This worlc was
designed by in-house and consultant personnel and was currently in the bid phase. Bids were
scheduled to be received in December 2012. The City had communicated to TxDOT that we
expected constniction to begin in March 2013 and to be completed in March 2014. In addition to
the utility work in this area, the City would be clearing medians and placing temporary pavement
between Bonnie Brae Street and Hinlde with reimbursement by TxDOT. He also stated that the
City had communicated to TxDOT concerns about the overlapping timeframe of this job and
TxDOT's project over the same area.
The US 380 "Urban" project was going to be cleared in three phases. The first phase consisted
of protecting a wastewater line on the south side of U.S. Highway 380 between Egan Road and
Willow Lane. This worlc was designed in-house and constnicted by City crews. Worlc began in
November 2012 and was expected to be completed in early December 2012. The second phase
consisted of water line constniction between I-35 and Masch Branch Road. This worlc was
designed in-house and would be constnicted by City crews and annual bids for constniction.
Worlc was scheduled to begin in early December 2012 and was expected to be completed by June
2013. The third phase consisted of wastewater line constniction between I-35 and Masch Branch
Road. This worlc was designed in-house and would be constnicted by City crews and annual
bids for constniction. Worlc was scheduled to begin in March 2013 and be completed in May
2013.
Council Member Roden stated that University Drive was, from some people's perspective, an
obstacle to wallcability and bilceability. He aslced what benefits the widening project would have
as far as changing signals, etc. to malce University Drive more wallcable and/or bilceable.
Payne stated that as far as crossing Highway 380, once TxDOT installed the new signals they
would have to loolc at the timing for the new roadway conditions. He stated that they had
already made adjustments at some cross streets to allow more time for bicyclists to cross
Highway 380.
Council Member Gregory aslced if there would be good sidewallc connectivity along University
Drive.
Payne stated that the plans showed sidewallcs along University Drive.
Amber Briggle, 1315 Dartmouth Place, asked that the Council find a safe way for children in this
neighborhood to get to school.
City of Denton City Council Minutes
December 4, 2012
Page 15
Adam Briggle, 1315 Dartmouth Place, proposed that they narrow Highway 380 and replace it
with a nice tree-lined bilce path with limited automobile access in off-pealc hours. He stated if
they chose to not go with his suggestions then make it a complete pedestrian and bike access
street. Malce it have safe crossings, maybe elevated crossings. Lower the speed limit-maybe to
25. Malce it clear that it was a street in a community not a highway through a nowhere.
B. Receive comments from the public and hold a discussion regarding the Phase II
amendments of the City's Gas Well Ordinance.
Darren Groth, Gas Well Adnunistrator, stated that this was an opportunity for Council to receive
comments from the public regarding the proposed amendments to the gas well ordinance.
Council Member Roden stated that in the bacictip it was noted that the Planning and Zoning
Commission recommended approval with conditions, but he could not find what the conditions
were in the bacictip.
Groth stated that the motion by the Planning and Zoning Commission was to recommend
approval with the condition that lcnowing there was still some worlc to be done, approval was
conditioned upon the insight and lcnowledge and the expertise of the City Council to act in favor
of the City.
The following individuals spolce.
John Russell, 2302 Jacqueline Drive, spoke in opposition
Sharon Wilson, 1121 Belvedere Drive, Allen, spoke in opposition
Rhonda Love, 1921 Hollyhill Lane, spoke in opposition
Vicicie Oppenheim, 600 Windfields Street, spoke in opposition
Morgan Larson, McCornuck Street, spoke in opposition
Laura Abril, 2424 W. Oak Street, spoke in opposition
Gilbert Horton, 1209 CR 1304, Bridgeport, with Devon Energy, spoke in opposition
Cathy McMullen, 805 Ector, spoke in opposition
Mary Maxwell, 516 W. Oak Street, spoke in opposition
Megan Storie, 804 W. Hickory, spoke in opposition
Tara Linn Hunter, 804 W. Hickory, spoke in opposition
Kelsey Fryman, 1103 Bernard Street, spoke in opposition
Adam Briggle, 1315 Dartmouth Place, spolce
Amber Briggle, 1315 Dartmouth Place, spolce
Eamon Danzig, 2300 W. Oak Street, spoke in opposition
Phyllis Wolper, 2616 Hereford Road, spoke in opposition
Collin Shaw, spoke in opposition
Chris Klabunde, 1604 N. Elm Street, spoke in opposition
Comment cards were received from the following individuals:
Jason Stroud, 816 W. Sycamore Street, opposition
Lydia Alexander, 2043 Script�ire Street, opposition
Scott Campbell, 420 Sherman Drive, opposition
City of Denton City Council Minutes
December 4, 2012
Page 16
Elise Petroslcy, 1604 N. Elm Street, opposition
Maria Rocha, 1604 N. Elm Street, opposition
Andres Rocha, 1604 N. Elm Street, opposition
Wes Sandefor, Clean Resources, 5601 Bridge Street, Fort Worth
Chelsea Bacher, Clean Resources, 5601 Bridge Street, Fort Worth
8. CITIZEN REPORTS
There were no citizen reports.
9. 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 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 Member Watts requested an update on the study for the intersection of Welch and Eagle
Drive for the signal light and crosswallc.
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 8:31 p.m.
CHRIS WATTS JANE RICHARDSON
COUNCIL MEMBER AND ACTING CHAIR ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
December 11, 2012
After deternuning that a quonim was present, the City Council convened in 2nd Tuesday Session
on Tuesday, December 11, 2012 at 4:00 p.m. in the City Council Worlc Session Room at City
Hall.
PRESENT: Council Member Engelbrecht, Council Member Watts, Council Member King,
Mayor Pro Tem Kamp, Council Member Gregory, Council Member Roden
ABSENT: Mayor Burroughs
Receive a report, hold a discussion, and give staff direction regarding the
recommendation of Ad-Hoc Citizen Advisory Comnuttee on Smolcing Regulations to
City Council on a draft smolcing ordinance.
Lindsey Balcer, Assistant to the City Manager, presented the members of the Committee. The
charge of the Comnuttee was to (1) consider and advise the Council in what manner to revise the
current provisions of the smolcing ordinance, (2) recommend which, if any, exceptions should be
included in a comprehensive smolcing ban ordinance, (3) recommend definitions for public
places, worlcplaces, and other locations as deemed reasonable by the members of the Committee,
and (4) draft definitions and exceptions with the intent to protect the health and safety of the
general public. At the first meeting of the Comnuttee, the members were given a draft ordinance
to begin the process along with a draft of potential exceptions to consider. Balcer reviewed the
timeline and the process involved in the meetings to accept public comments.
Dr. Masciarelli, Chair of the Committee, reviewed a snapshot of recommendations in terms of
restaurants, bars, outdoor patios, billiard/bowling/bingo facilities, hotel/motel rooms,
worlcplaces, designated distances from public entrances, and other applicable exceptions.
Restaurants — restaurants were defined as an enclosed indoor establishment that was open to the
public and was devoted primarily to the sale and service of food for immediate consumption. It
also included a bar located with the establishment. The recommendation of the Committee was
to prohibit smolcing in restaurants.
Bars — bars were defined as an enclosed indoor establishment that was open to the public and
was devoted primarily to the sale and service of alcoholic beverages for on-prenuse
consumption. The recommendation of the Comnuttee was to prohibit smolcing, unless the bar
did not allow adnuttance to or employ persons under age 18.
Council Member Watts questioned the reasons for no votes based on the restrictions presented.
Masciarelli stated that some members did not want smolcing at all at bars.
Council Member Watts stated that pool halls could be associated with some type of a bar area
and questioned the standard for that.
Masciarelli stated that the Comnuttee discussed what the licensing was for the establishment.
Mayor Pro Tem Kamp stated that the TABC license was used for what type of establishment it
was.
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Council Member Roden asked if the age limitation of 18 was a self-imposed nile on
establishments or a legal standard. He questioned if a bar could indicate that Friday nights were
only for individuals 18 and over but on different nights have different ages allowed.
John Knight, Assistant City Attorney, stated that whether or not entry was allowed was presented
by other niles such a whether or not the establishment had a cigarette vending machine. If there
was a machine in the establishment, no one under 18 could be adnutted.
Council Member Engelbrecht stated that the regulation was that cigarettes could not be sold to
anyone under 18 so if a bar had a machine and a restriction of under 18, then there was no
problem with selling to those under 18.
Council Member Gregory aslced how many bars currently restricted patrons under 18.
Mayor Pro Tem Kamp stated that the bacictip indicated 50%.
Council Member Gregory aslced if people over 18 were less susceptible to the health issues
associated with second hand smolce.
Masciarelli stated that he could not say at what age it would matter. Some of the Comnuttee's
discussion was that someone over 18 was no longer a minor and could malce his/her own
decisions.
Council Member Watts stated that 18 was the age of majority to be able to malce own decisions
but if that was applied to bars then why not apply that to other establishments lilce restaurants. If
the goal was to protect people from second hand smolce, the age portion was really applicable to
all places. If the goal was to prevent individuals from being exposed to second hand smolce and
the issue was regulated by statute, it would be alright because there was another enforcement
issue. He was not comfortable with the property owner discretion for age restriction.
Council Member King stated that if an establishment had a bar and a cigarette machine it was
already classified as not having anyone under 18. If a bar owner wanted under 18 included,
he/she would not have a cigarette machine.
Council Member Gregory aslced if the proposal accounted for sections of a restaurant/bar that
had areas over 18 and other areas under 18.
Masciarelli stated that bars in restaurants would have no smolcing.
Council Member Engelbrecht stated that a bar could voluntarily eliminate smolcing and not have
a cigarette machine.
Masciarelli continued with the definition of open aired outdoor patios at restaurants and bars.
The recommendation was to allow smolcing in that location.
Council Member Gregory stated that based on the proposed definition, would an outside area
with one wall part of the building and three sides some type of pretty fencing be considered a
patio.
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Masciarelli stated yes.
Council Member Gregory aslced if a building had an open area in the corner with two solid walls
and two open walls if that would be a patio.
Masciarelli stated yes as it would still allow for more than 50% light and air penetration.
Council Member Gregory aslced if there were three solid walls.
Masciarelli stated that would not be a patio.
City Attorney Burgess suggested reviewing that definition to malce sure it was clean.
Masciarelli reviewed the definition of bingo facilities and the recommendation to allow smolcing,
provided the establishment installed a physical barrier between smolcing and non-smolcing
sections within 3 years. Billiard and bowling facilities were reviewed. No definition was
provided for these two establishments. The recommendation was to prohibit smolcing in bowling
alleys and in billiard/pool halls. There was no vote talcen on the billiard/pool hall
recommendation.
Council Member Gregory asked about what was known about second hand smoke in open air
situations and whether it was less of a health hazard.
Masciarelli stated that it would depend on the concentration of the smoke and ventilation.
Masciarelli reviewed the recommendation for hotel/motel rooms which was to prohibit smolcing
in indoor public areas with no ratio of smolcing to non-smolcing rooms designated. The outdoor
designated distance from public entrances was removed from the draft ordinance with zero feet
designated from public entrances.
Council Member Roden aslced if other cities loolced at certain parts of town differently from
others.
Balcer stated that she did not see that in any ordinances that she reviewed.
Masciarelli stated that exceptions to the smolcing regulations would include private residences,
unless used as a health or childcare facility, personal vehicles, private clubs and fraternal
organizations.
Council Member Roden stated that bars were sometimes private clubs.
Knight stated that a private club for this ordinance was different from a TABC private club.
Masciarelli continued with the exceptions for tobacco bar, tobacco shop and cigar bar.
Baker stated that although it was not part of the charge, the Committee presented some
recommendations for enforcement. A business was implicated if a patron smolced in the
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establishment. However, the business owner would be responsible if he/she did not remove
ashtrays, post no-smolcing signage and/or did not inform potential employees of the non-smolcing
policy.
Council Member Watts felt that the ordinance was person centered and questioned if that was
how Council wanted to have the new ordinance. He questioned a situation where people
consistently smoked in a business and the business owner was not liable. He wondered if
Council wanted the ordinance to be more business oriented or keep it person centered.
Mayor Pro Tem Kamp felt that was getting into what was personal responsibility. There were
other definitions in the ordinance that had worlced in the past.
Council Member King felt were many other areas in the ordinance for the business regulations.
He did not want to have the business owner be the enforcer of the ordinance.
Council Member Watts questioned how smolcing in a restaurant would be enforced.
Baker stated that it would be up to the Police Department to issue a citation. It would be difficult
to write a citation but it could be done. However, it probably would not be prosecuted.
City Manager Campbell stated that 90% or more of the enforcement would be done with the
property owner who would comply with the ordinance. People would obey the law which would
be the predominate way to enforce the regulation.
Council Member Roden aslced if the person centered approach was standard in other cities.
Balcer stated that most cities did it that way.
Council Member Gregory stated that the bacictip stated that smolcing would be restricted in any
place of business. He questioned if that included a small office with only three employees.
Balcer stated that was correct.
Council Member Gregory thought that at one time there was discussion about restricting the no
smolcing to the number of employees.
Balcer stated that was not discussed by the Committee.
Council Member Watts stated that if there were isolated incidents of smolcing in public places,
there probably would not be a problem. But if a business continually allowed smolcing, there
might be a need to thinlc about malcing the business owner responsible for some situations.
Council Member Roden aslced if the Comnuttee voted on the worlc place issue.
Balcer stated the Committee considered it on December 3 and decided to add "lit" to the
definition.
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Council Member Roden stated that people worked at bars as well and why was that not taken
into consideration.
Masciarelli stated that usually adults over 18 were worlcing at bars.
Council Member King aslced about the patio distance of 15 feet verses 25 feet.
Masciarelli stated that was no longer in the ordinance.
Council Member Roden asked about the public transit aspect of bus stops.
Baker stated that as drafted the ordinance would have prohibited smolcing in open air bus stops
and platforms. However, the committee added "enclosed" to the definition which took away bus
stops and platforms but did not allow smolcing in transit centers, buses, and in trains.
Council Member Roden stated that some shelters were enclosed and whether or not to allow
smolcing in those.
Council Member Gregory asked for a comparison on the proposed ordinance with Representative
Crownover's recommendation.
Council Member Roden aslced for an additional worlc session for more time to discuss the
provisions of the proposal.
2. Receive a report and hold a discussion regarding an Update on Citizen Advisory
Committee for the Comprehensive Plan rewrite.
Brian Locldey, Interim Director of Planning and Development, stated that Council had directed
staff to create a Citizen Advisory Comnuttee (CAC) for the Comprehensive Plan rewrite. The
primary responsibility of the CAC was to provide feedbacic on goals, recommendations, and
strategies that would be developed throughout the update process. The expressed role of the
CAC would be to act in an advisory role to Council, represent board community interests, model
community consensus and encourage others to participate, promote citizen ownership/ensure
"buy-in", guide development of Vision Statement, Alternative Scenarios, and Strategic
Directions, and champion the Comprehensive Plan. The Committee would be made up of
approximately 26-34 members that represented interests from across the City and extraterritorial
jurisdiction. Each interest group had a select number of positions on the Comnuttee and would
be appointed by the Council. Staff had identified 15 areas of interest for membership. Staff had
contacted the eight boards and commissions listed and received confirmation of their willingness
to participate. They also reached out to the Denton Independent School District, Texas Woman's
University and the University of North Texas to request their participation and provide a staff
person in this effort. Other areas included former Denton Plan members, the development
community, Chamber of Commerce, neighborhood associations, environmental interests, Denton
County Transportation Authority, Denton County, Denton downtown, edge cities/ETJ,
bicycle/pedestrian interests, large landowner, small business interests and large business
interests. If an issue arose concerning a particular board or comnussion, the issue would be
presented to the entire board/comnussion for a recommendation from the entire
board/commission.
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Neighborhood Associations - five positions were identified for the public to serve on the CAC
and active encouragement would be promoted for citizen participation. To inform the public of
this opportunity to serve, various means were used which included a press release, notice on
Faceboolc and EngageDenton, notice on the City website and the DentonPlan 2030 website, an
announcement was made on the City Twitter account and the Denton Record-Chronicle ran a
story inviting public participation.
Forty-five applications from the community were received to be considered for the five
positions. Each of the applicants met one of the three eligibility criteria (1) to be a resident of the
City or the city of Denton ETJ, (2) to own/operate a business in the City or the city of Denton
ETJ, or (3) to be a landowner within the City or the city of Denton ETJ. The Neighborhood
Association Selection Process would involve each district Council Member recommending an
appointment from their respective district to serve, the Mayor and At-Large Council Members
would also recommend an appointment from the total list and staff would compile the selections
and forward them to the Council for consideration. It was requested that Council committee
member recommendations be forwarded to staff by December 215t to be compiled and forwarded
to Council for further consideration. Council Members were not restricted to only those people
in his/her district.
Denton Plan Ambassadors — as the volume of individuals interested in a leadership role in the
Denton Plan update was greater than the membership of the Advisory Committee, staff created
an additional venue for citizens to be involved by beconung a Denton Plan Ambassador. These
individuals would networlc with the Comnuttee as a messenger and representative for the
community. The role of an Ambassador would be to discuss the current status of the
Comprehensive Plan update, bring feedbacic to the group and staff for discussion, and talce
information to the community to keep them engaged and informed. The Denton Plan
Ambassador was also a format that could encourage youth to participate in this process. There
would be no maximum number of Ambassadors. The only requirements would be member
attend a brief orientation; only nuss a maximum of two meetings and sign-up to carry out the
Ambassador objectives.
Council Member Engelbrecht asked about the number of ineeting they would have to attend.
Locldey stated that there would be about 8-10 meetings.
Council Member Roden stated that he appreciated the inclusion of boards and comnussions on a
greater level He suggested also trying to capture college students through their government
associations.
Locldey stated that staff would have to make an effort to go to the community such as going to
the universities and inviting students to attend.
3. Receive a report, hold a discussion and give staff direction regarding the 2013 State
Legislative Program of the City of Denton for the 83rd Texas Legislature, including lcey
legislative issues and strategies.
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Lindsey Baker, Assistant to the City Manager, stated that the Texas Legislature would begin
session on January 8, 2011. The City needed to compile lcey legislative issues for the 2013 State
Legislative Program which primarily related to state initiatives that could impact city finances,
regional transportation, utility issues and public safety issues. Staff had coordinated with the
Texas Municipal League, the Texas Municipal League Big City group, the City's legislative
consultants and other cities to identify issues of interest to Denton. There would be designated
analysts to help with proposed legislation. It appeared that the key issues this session would deal
with local control.
Brandon Aghamalian, Focused Advocacy, stated that pre-filing had started with several hundred
bills already started. He reviewed the political climate that might occur in the Senate and House
during the upconung session. Key areas of consideration would include protection of budgeting
authority, protection of city's ability to zone and protection of investment in municipal utilities.
"Red meat" issues would include (1) TSA pat downs, (2) school vouchers, (3) sanctuary cities,
(4) dnig testing for welfare recipients, (5) infrastnicture issues for water and transportation, (6) a
franchise tax system, (7) school finance, (8) pension issues, (9) sunset agencies, (10) property tax
caps, (11) economic development programs, (12) gaming issues and (12) utility issues.
Snapper Carr, Focused Advocacy, reviewed the sunset agencies to be considered during this
session. Those included the Public Utility Commission, Railroad Commission, Ethics
Commission, State Pension Review Board, and Housing and Community Affairs. There were
also possible issues with municipal owned utilities and generation capacity along with public
access channels and cable and telecom issues. He noted that there was a large amount new
members which would result in a lot of education needed in both the Senate and House.
Council Member Rode stated that there was nothing in the proposal about gas drilling and felt
that it should be should be included.
Baker noted that it was included on page 14 of the draft under "Land Use and Resources".
Council Member Gregory asked about franchise tax issues and if there would be bills filed to
attempt to decrease city revenues.
Carr stated so far there was nothing filed that would attempt to decrease the revenues that were
seen. The cable industry would probably be very aggressive regarding this issue. Other issues
might include pole attachments and authority for removal. He felt there would be proposals to
decrease franchise revenues.
Council Member Gregory stated that other cities had recently enacted ordinances to stem the
proliferation of businesses dealing with predatory loans. He questioned the status for the State to
control such businesses or if that would be left up to the cities.
Carr felt that legislation would be filed regarding this issue and that there would be a push for
greater regulations. Senator Davis would be expanding her effort in this area. Whatever was
adopted in the State would preempt local ordinances that had been adopted.
Council Member Gregory suggested including something in the city's legislative agenda
regarding this issue. He also questioned the issue of vested rights.
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City Attorney Burgess stated that staff was thinlcing Council nught want to loolc at that chapter to
allow for a provision for an exemption for gas well drilling matters.
Council Member Gregory stated that he would like to see more specific wording and requested
that this item be placed on the December 18th work session for further discussion.
Baker reviewed the upconung Denton County Days agenda and activities.
4. Under Section 551.042 of the Teias Open Meetings Act, respond to inquiries from the Cit�T
Council or the public ���ith specif�ic factual information or recitation of polic�T, or accept a
proposal to place the matter on the agenda for an upcoming meeting AND
Under Section 551.0415 of the Teias Open Meetings Act, provide reports about items of
communit�T interest regarding ���hich no action ���ill be talcen, to include: eipressions of thanlcs,
congratulations, or condolence; information regarding holida�T schedules; an honoranT or salutanT
recognition of a public official, public emplo�Tee, or other citizen; a reminder about an upcoming
event organized or sponsored b�T the governing bod�T; information regarding a social, ceremonial,
or communittT event organized or sponsored b�T an entittT other than the governing bod�T that ��� as
attended or is scheduled to be attended b�T a member of the governing bod�T or an official or
emplo�Tee of the municipalittT; or an announcement involving an imminent threat to the public
health and safet�T of people in the municipalittT that has arisen after the posting of the agenda.
Council did not have items for future agendas.
Following the completion of the Worlc Session, the City Council convened in a Closed Meeting
to consider the following:
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 Linuts and the extraterritorial jurisdiction, including Constitutional
linutations, statutory limitations upon municipal regulatory authority,
moratorium on drilling and production and claims associated therewith,
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.
With no further business, the Council convened in Open Session and adjourned.
PETE KAMP JENNIFER WALTERS
MAYOR PRO TEM CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
December 18, 2012
After deternuning that a quonim was present, the City Council convened in a Work Session on
Tuesday, December 18, 2012 at 3:00 p.m. in the Council Worlc Session Room at City Hall.
PRESENT: Council Member King, Council Member Gregory, Council Member Engelbrecht,
Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden
ABSENT: Council Member Watts
1. Citizen Comments on Consent Agenda Items
There were no citizen comments for this agenda.
2. Requests for clarification of agenda items listed on the agenda for December 18, 2012.
Mayor Burroughs noted that there were three citizen reports of a non-repetitive nanire listed at
the end of the meeting and if there were no objections from Council, he would lilce to move them
forward to the beginning of the meeting.
Council had no objections to moving those citizen reports.
Council Member Roden aslced about Consent Agenda Item H dealing with wayfinding signs. He
aslced if one of the concepts presented at an earlier meeting was moved forward or was a new
design being suggested.
Ron Menguita, Planning Supervisor, stated that the exhibits were the modified themes put
together by staff and that the consultants would go over those and malce recommendations for
Council consideration. The second exhibit was the consultant's methodology which indicated
that they were on Stage 3 and 4 of the time line.
Council Member Roden aslced what exactly would be included for wayfinding.
Menguita stated that the consultant would develop a list of recommended places for locations.
Council Member Engelbrecht aslced when that would come bacic to Council as he would lilce to
loolc at it before it got too far into the design phase.
Menguita stated that the first draft would be provided to staff and the second draft to Council
with the final draft reviewed before the end product was confirmed.
Council Member Gregory suggested considering having the group worlc with the Public Art
Committee to help identify places as a way to combine wayfinding and places with public art.
City Manager Campbell stated that there was a substitute ordinance for Item E on the Consent
Agenda. The Council would need to reference the corrected ordinance when considering the
Consent Agenda.
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Council Member Engelbrecht stated that he did not understand the staff report for Consent
Agenda Item A with regard to the numbers of leases for Wells Fargo and Denton County.
Julie Glover, Econonuc Development Program Administrator, stated that there were 58 spaces
leased to Wells Fargo and 27 to the County.
Mayor Burroughs aslced about a city sponsored event and whether a fee would be charged for
those types of events in terms of parlcing.
Glover stated that Council could waive that fee if it desired.
Mayor Burroughs felt that if it were a city sponsored event, the fee should be waived.
City Manager Campbell stated that the City nught be a sponsor by some lcind of contribution.
The matter of degree and manner of sponsorship should be considered and done on a case by
case basis.
Mayor Burroughs asked about Consent Agenda Item 4D and why the City was entering in a
purchasing agreement with Farmers Branch and not using Denton's local preference to award the
contract.
Elton Brock, Purchasing Manager, stated that the contract with Farmers Branch would allow for
a specialized service. There were no local vendors for the service needed.
Council Member Engelbrecht questioned if Consent Agenda Item T had a cost to the City.
Franlc Payne, City Engineer, stated that the State needed permission to install and operate the
lighting system. There would be no cost to the City as the State would install and maintain the
system.
Council Member Engelbrecht aslced about Consent Agenda Item U concerning the branding
marlceting proposal for the Airport and whether another report had been provided other than the
one done some time ago.
Quentin Hix stated that there had not been another report since the one done on December 3rd.
Council Member Engelbrecht questioned that while there were a number of businesses on the
Taslc Force, was the proposal vetted through the rest of the businesses at the Airport.
Hix stated that an email notice was sent to the businesses at the Airport. Staff had received
seven responses, some lilcing the proposal and some not lilcing the name change.
Council Member Engelbrecht aslced where the "enterprise" notion came from.
Hix stated that the Taslc Force considered a number of different options for names and had
determined that the brand was the aviation business and the target market was aviation business.
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They wanted a name that represented a free enterprise business and thus "enterprise" was
selected.
Council Member Gregory stated that the Branding Task Force included 2 airport businesses
which were involved in the discussion.
Hix stated that it also included two non-airport businesses.
Council Member Gregory questioned which group approved the item.
Hix stated that it went before the Econonuc Development Partnership Board as they were
responsible for marlceting. The proposal had been discussed with the Airport Advisory Board
which was in favor 6-1 for the proposed name.
3. Receive a report, hold a discussion and give staff direction regarding the 2013 State
Legislative Program of the City of Denton for the 83rd Texas Legislature, including lcey
legislative issues and strategies.
Lindsey Balcer, Assistant to the City Manager, presented an update on the changes to the
program which Council had requested at their last meeting. The first dealt with land use
resources and vested rights. The added position would support legislation that would allow cities
to enact ordinances regulating development, including but not linuted to issues related to Chapter
245 Local Government Code. The second issue added would oppose State pre-emption of
municipal authority in the regulation of payday lenders, unless proposed legislation provided
adequate protections from aggressive and harmful lending practices.
Baker noted that there was a resolution for Council consideration on the evening agenda.
4. Receive a report, hold a discussion, and give staff direction regarding amendments to the
City of Denton smolcing ordinance (86-069 as amended by 93-193) and revisions to the
draft ordinance as originally recommended by the Ad-hoc Citizens Advisory Committee
on Smolcing Regulations.
Lindsey Balcer, Assistant to the City Manager, stated that staff had received a lot of public input
since the last worlc session with 45 phone calls all in favor of a smolcing ban and 80 emails over
the past week most of which were in favor. Twenty emails were in opposition.
The revisions to the draft ordinance included:
• Added a definition of Billiard Halls: a place of amusement whose chief purpose was
providing the use of billiardlpool tables to the public.
• Amended the definition of Open-Aired Outdoor Patio at Restaurants & Bars to clarify
pernussible enclosures and stnictures. The definition was a patio that had no fencing
surrounding the seating area of the patiq except for open-aired constniction (such as wrought
iron, slats, or lattice worlc), or fencing which would allow for more that 50% light and air
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penetration, or fences which did not exceed four feet in height. Walls contiguous to the
primary business were not deemed fencing within this definition. Ceilings of solid or open-
aired constniction (such as slats, or lattice worlc) were pernutted notwithstanding the
requirement of 50% light and air penetration.
Council Member Roden suggested removing the 50% light and air penetration from the walls if
they were within height restriction.
City Attorney Burgess stated that the definition had "either/or" provisions which allowed several
opportunities to conform with the definition. Staff had written out the provision regarding the
walls that were part of the primary business.
Council Member King asked about a patio with lattice walls at end.
Burgess stated that smolcing would be allowed in that facility.
• Provided two options regarding the discussion of smolcing in bars, including language that
addressed the statutory prohibition of allowing entry to persons under the age of 18 into an
establishment with a cigarette vending machine. Option One would ban smolcing across the
board in bars. Option Two would pernut smolcing in a bar that did not allow adnuttance or
employed persons under the age of 18 or which was pernutted to sell tobacco products
pursuant to V. T. C. A., Health and Safety Code Section 161.086.
Council Member Roden questioned if Option Two would allow an establishment to go bacic and
forth at anytime with smolcing or non-smolcing provisions.
Baker stated that wording could be added to the ordinance for that provision.
Council Member Roden asked if an establishment would have to declare it was smolcing or non
smolcing or could it have some flexibility.
City Attorney Burgess stated that Section 4B worlced around that.
Council Member Roden stated that there were certain requirements on an owner such as removal
of ashtrays, signage and if the establishment was changing bacic and forth, there might be
confusion on what provisions were in effect.
Council Member Gregory stated that he leaned towards Option 1 and questioned if Council could
procedurally decide that here or did it have to be done later in the agenda.
Burgess stated that she was comfortable with Council providing direction to staff and that the
ordinance would be written as Council directed.
Council Member King stated that some of the bars did not have cigarette machines but sold them
behind the bar but those fell into 18 and older. The bar owners he had tallced with wanted a
decision now rather than going bacic and forth.
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Council Member Engelbrecht felt that an option of switching back and forth would be confusing
with signage and lots of confusion on the day of the event. He questioned what the procedure
was for declaring whether smolcing or not smolcing.
Mayor Pro Tem Kamp stated that establishments were doing that now.
Council Member Roden stated he was in favor of a ban across the board but also to find a way to
give temporary smolcing permission in some instances.
Mayor Burroughs suggested putting a deferred period to implement such as four months after
passage.
Burgess stated that the effective date could be whatever Council wanted. The easiest way to do
that would be to delay the effective date of the ordinance.
Council Member Roden stated that he was concerned about current business owners and felt that
there needed to be a provision that would allow for a period of time to comply.
Council Member King stated that he was in favor of Option Two.
Council Member Engelbrecht felt that if the first part of Option Two were removed, the only
course of action for a bar would be to install a cigarette machine. He was in favor having both
parts of the option included.
Mayor Pro Tem Kamp aslced if the definition of cigar bar would exempt them from the
ordinance.
Council Member King questioned if an establishment had a smolcing room that was adequately
ventilated for a cigar bar.
Council Member Gregory stated that he had been supportive from the start for a smolce free
workplace and a goal to make as many workplaces as smoke free as possible. He would prefer
Option One but if Council wanted Option Two lceep it as it was instead of malcing compronuses
on it.
Council Member Roden felt that without defining there would be a number of establishments
that would switch bacic and forth between smolcing and nonsmolcing. He felt Option Two was a
meaningless option.
Mayor Burroughs noted that the definition of cigar bar included the sale of alcoholic beverages.
Council Member Gregory stated that if that was added, every bar in town could sell cigars and
get around the provision of no smolcing.
Mayor Burroughs stated that if a cigar bar wanted the exception there needed to be exterior
signage or notice that this was a smolcing establishment. His opinion was to have a
comprehensive ban and then opt into allowing for smolcing with signage, regulations, etc.
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Baker stated that the committee did not want to discuss that option and it was not voted on.
Council Member King stated that many of these establishments would opt to be non smolcing
and many places had separate areas for cigars. There were many assumptions being made
regarding these regulations. He was in favor of malcing some exceptions and niles so the
business could function normally and provide a way for people to opt out.
Council Member Engelbrecht stated that he was more comfortable with Option 2.
Mayor Burroughs suggested Option Two with an effective date 120 days and modification of
cigar bar which served alcoholic beverages.
Council Member Gregory stated that he was not comfortable with the definition of cigar bar.
Council discussed the definition of cigar bar and what the establishment was primarily used for.
Transportation facilities - removed the term "enclosed" which would malce smolcing not
pernutted at public transit bus stops and train platforms. A provision was also added that
smolcing would not be permitted within 30 feet of facilities in support of public transportation
such as ticicet, boarding, shelter and waiting areas.
Enforcement — business owners were not liable for patrons smolcing in their establishment.
Options were presented from Arlington, Friscq and Myra Crownover.
City Attorney Burgess stated that the ordinance currently placed the burden on the individual
smoker along with the penalty on that person. The issue was whether it had enough enforcement
against the owner of the business. She questioned against whom the ordinance would be
enforced.
Council Member Gregory stated that the business owners should not be held responsible for the
misbehavior of their patrons. If a business allowed smolcing in violation of the ordinance, then it
should be revisited.
Mayor Burroughs stated that a violation of the ordinance could be that the owner did not enforce
the non-smolcing provision. He felt the provisions should remain as they currently were written.
Mayor Burroughs asked if a home based business was discussed.
Balcer stated that it was discussed in terms of a health or childcare facility.
Mayor Burroughs questioned a situation of a business in a private home with a limitation on a
number of employees and whether it would be exempt or not.
Balcer stated that it would not be exempt.
Mayor Burroughs stated it would be hard to say that an accountant with one employee in his own
home could not smolce. He felt that was beyond the scope of the proposal.
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Council Member Engelbrecht questioned when a place was a business and when it was a private
residence.
Council Member Roden stated that the ordinance provided exceptions to cover that.
Mayor Burroughs questioned if a business was owned and operated by a single person such as a
one person law firm with an office, would smolcing be pernutted in that office.
Balcer stated that it would be prohibited.
Mayor Burroughs questioned that it would be prohibited even if there were no employees.
Council Member Roden questioned the distance outside an establishment for smolcing. He was
concerned with the Square area where the attempt was to invite fanulies to wallc in certain
sections. He questioned if Council was able to create districts by which there could be entrance
distance requirements that would not apply to other areas of the City.
City Attorney Burgess stated that the provisions should apply equally in the same categories of
regulated businesses. She questioned how a business around the Square would be different from
Rayzor Ranch and how to articulate the basis for those differences.
Council Member Gregory stated that it would be a minimal situation of being in the smolce.
Following the completion of the Work Session the Council convened in a Closed Session.
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with the City's attorneys regarding the present status of pending
litigation styled: The City of Denton, Texas v. The University of North
Texas, Cause No. 2008-20043-158, now pending before the 158th Judicial
District Court of Denton County, Texas, having been remanded to the trial
court by the Fort Worth Court of Appeals for further proceedings; and
discuss, deliberate and provide the City's attorneys with direction and any
recommendations regarding such legal matter. A public discussion of this
legal matter would conflict with the duty of the City's Attorneys to the
City Council under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas.
2. Consult with the City's attorneys regarding Transmission Cost of Service
(TCOS) filings of the City with the Public Utilities Comnussion of Texas;
and the status of pending litigation styled: Linda Marie Casias Roth, et al,
v City of Denton, Texas, Cause No. 2012-60839-393, currently pending in
the 393rd Judicial District Court of Denton County, Texas; where a public
discussion of these legal matters 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.
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3. 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 Linuts and the extraterritorial jurisdiction, including Constitutional
linutations, statutory limitations upon municipal regulatory authority,
moratorium on drilling and production and claims associated therewith,
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. 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 potential purchase of certain real property
interests located in the AN.B. Tomplcins Survey, Abstract Number 1246,
Denton County, Texas (located generally in the 2100 blocic of South
Bonnie Brae Street), within the City of Denton, Texas. Consultation with
the City's attorney's regarding legal issues associated with the acquisition
or condemnation of 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.
This item was not considered in Closed Session.
2. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located (1) in the M.E.P. & P.R.R. Co. Survey, Abstract Number
927, Denton County, Texas (located generally in the 1100 blocic of South
Mayhill Road, and (2) in the M.E.P. & P.R.R. Co. Survey, Abstract
Number 927, Denton County, Texas (located generally in the 1200 blocic
of South Mayhill Road, all within the City of Denton, Texas.
Consultation with the City's attorney's regarding legal issues associated
with the acquisition or condemnation of 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.
C. Certain Public Power Utilities: Competitive Matters - Under Texas Government
Code, Section 551.086; Consultation with Attorneys - Under Texas Government
Code, Section 551.071.
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1. Receive a report and a presentation from Denton Municipal Electric staff
regarding certain public power competitive and financial matters
regarding Request for Proposals No. 4859 issued by the City soliciting
proposals for solar-generated energy facilities for the City of Denton,
Texas; discuss, deliberate, provide staff with direction, and consider such
matters. Consultation with the City's attorneys regarding legal advice
regarding the matters referenced above. 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.
This item was discussed during the second Closed Session following the completion of the
Regular meeting.
2. Receive a briefing from Staff and attorneys regarding certain public power
and commercial matters involved pertaining to the continued use of
Garland Power & Light (GP&L) to perform certain Transmission
Operator functions for Denton Municipal Electric (DME), as required by
North American Reliability Corporation (NERC) Regulations; and receive
an attorney consultation, where a public discussion of this legal matter
would conflict with the duty of the City's attorneys to the Public Utilities
Board under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas. Discuss, deliberate, provide Staff with direction, and
consider.
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. Presentation by Bill Ford and students of the Mayborn School of
Journalism regarding their Denton promotional venture.
Bill Ford presented information concerning the Mayborn School of Journalism promotional
venture which provided scholarships at LTNT and for students in the Journalism School.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
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B. Receive citizen reports from the following:
Mayor Burroughs stated that unless he heard objections from the Council, he was going to move
the citizen reports at the end of the meeting to the front of the meeting as they were all
interrelated.
Joe Ader regarding predatory lending.
Mr. Adler expressed a concern about predatory lending in Denton particularly payday lenders
and title loans. He reviewed information concerning traditional loans and payday loans. A
similar type of loan was a title loan that used a car title as collateraL Many states had restrictions
on these types of businesses but in Texas they were operating as credit service organizations
which were operating under a loophole in the the law. Denton had a large amount of payday and
title loan locations. He aslced Council to listen to the rest of spealcers for their recommendations.
2. Janet Shelton regarding predatory lending.
Ms. Shelton reviewed the business model of the payday loans which rests on client's failure to
pay the loan. The cycle of debt was a more profitable scenario for the payday lenders.
Borrowers pay money bacic at a huge interest rate.
Michael Pirtle regarding predatory lending.
Mr. Pirtle presented information regarding a client who had a payday loan and was unable to
purchase food because of trying to pay off the loan. Her original $75 loan went to $800 and then
to a payoff of $5,000. The client was subjected to harassment tactics which caused her extreme
stress.
4. Melanie Vest regarding predatory lending.
Ms. Vest stated that clients of the organizations never had just one loan; they snowballed into
one to two to three and so on. Payday loans affected hard worlcing members of the community
and borrowers were stuck in the cycle of continuous borrowing.
Mayor Burroughs stated that the reason these businesses existed were for people with no credit
or had an emergency and needed an immediate loan. He questioned what alternative these
people had available.
Vest stated that some of these individuals were able to get credit at financial institutions but did
not lcnow they were eligible. Education was a lcey component for these types of institutions.
Leah Jordan regarding predatory lending.
Ms. Jordan stated that United Way recently completed its needs assessment and lcnew that 1 of
every 3 children in the DISD came from economic disadvantaged homes. Volunteer Income Tax
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Assistance (VITA) was provided by United Way for free tax preparation and e-filing services to
low and moderate income families and individuals earning less than $50,000 per year. VITA
participants received financial education materials on wise borrowing and spending decisions.
Council Member Gregory aslced how to get the word to those who needed the training and where
classes would be offered.
Jordan stated that the Agrilife Extension progranl promoted these services throughout the city of
Denton library system, tax assistance program and other various methods.
6. Kayce Strader regarding predatory lending.
Ms. Strader presented information regarding a client who went to Titlemax for a car title loan.
Vision helped her with her payments or she would have been homeless with a large debt. She
was aslcing for three actions from CounciL (1) add this item to the Council's legislative agenda in
Austin, (2) create alternative financial services zoning for these agencies and (3) approve similar
restrictions from other cities regarding four installments for payment. The large interest rate of
these agencies was not right and should be stopped.
Mayor Pro Tem Kamp stated that there was a time at very end of ineeting to aslc for future items
on an agenda. She would be requesting the City Attorney look into legal options for Council to
consider.
City Attorney Burgess stated that the legal staff had anticipated Council requesting them to loolc
at some of these issues and they were already worlcing on an ordinances for the Council to
consider.
4. CONSENT AGENDA
Mayor Burroughs noted that there was a substitute ordinance for Item E which a motion should
address.
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to approve the Consent
Agenda and accompanying ordinances and resolutions including the substit�ite ordinance for
Item E and with the exception of Item U to be pulled for separate consideration. On roll call
vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor
Pro Tem Kamp, Mayor Burroughs, Council Member Roden —"aye". Motion carried
unanimously.
Ordinance No. 2012-341
A. Consider adoption of an ordinance adopting Rental Guidelines and a Schedule of Rental
Fees for Williams Square, located between East Hicicory and Mulberry Streets, and
providing an effective date.
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Ordinance No. 2012-342
B. Consider adoption of an ordinance of the City of Denton authorizing the City Manager,
or his designee, to execute on behalf of the City of Denton an acceptance of an offer
from the Texas Department of Transportation relating to a grant for the Routine Airport
Maintenance Program (RAMP); authorizing the City Manager to expend funds provided
for in the grant program; and declaring an effective date. (TxDOT Proj ect No. AM
2013DNTON and CSJ No. M318DNTON). The Airport Advisory Board recommends
approval (7-0).
Ordinance No. 2012-343
C. Consider adoption of an ordinance providing for the expenditure of funds for the
Emergency Purchase of an Al-Jon Advantage SOOM Landfill Compactor in accordance
with provisions of Section 252.022 of the Local Government Code exempting such
purchases from requirements of competitive bidding; and providing an effective date
(File 5133-Emergency Purchase of Compactor for Landfill awarded to Tri County
Equipment Sales L.L.C. in the amount of $370,000). The Public Utilities Board
recommends approval (7-0).
Ordinance No. 2012-344
D. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal
Cooperative Purchasing Program Agreement with the City of Farmers Branch, Texas
under Section 271.102 of the Local Government Code, to authorize participation in
various City of Farmers Branch contracts for the purchase of various goods and services;
authorizing the expenditure of funds therefor; and declaring an effective date (File 5124-
Interlocal Agreement with City of Farmers Branch).
Ordinance No. 2012-345
E. Consider adoption of an ordinance authorizing the City Manager or his designee to
execute a contract with the Buy Board Cooperative Purchasing Networlc for the
acquisition of Two Haul Trailers for the Solid Waste Department and the Houston-
Galveston Area Council of Governments (H-GAC) for the acquisition of a Street
Sweeper for the City of Denton Drainage Department; and providing an effective date
(File 5123-Purchase of a Street Sweeper awarded to TYMCO, Inc. in the amount of
$188,095.50 and Two Haul Trailers awarded to Rush Tnicic Centers of Texas, Inc. in the
amount of $161,309 for a total award of $349,404.50). The Public Utilities Board
recommends approval (7-0).
Ordinance No. 2012-346
F. Consider adoption of an ordinance authorizing the City Manager or his designee to
execute a contract through The Cooperative Purchasing Networlc (TCPN) for the
acquisition of Maintenance, Repair and Operations Supplies for the City of Denton
Distribution Center; and providing an effective date (File 5050-Purchase of Maintenance,
Repair and Operations Supplies for the Distribution Center awarded to Fastenal
Company in the annual estimated amount of $105,000).
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Ordinance No 2012-347
G. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award
Schedule (TXMAS) program for the purchase of a Vehicle Global Positioning System
(GPS) for the City of Denton Solid Waste Department as awarded by the State of Texas
(Contract TXMAS-4-6611Q010); providing for the expenditure of funds therefor; and
providing an effective date (File 5135-Vehicle Global Positioning System for Solid
Waste Department awarded to Trimble Navigation Linuted in the amount of
$167,52920). The Public Utilities Board recommends approval (7-0).
Ordinance No. 2012-348
H. Consider adoption of an ordinance authorizing the City Manager or his designee to
execute a Professional Services Agreement with Merje Design for consulting services
related to the Wayfinding Signage Project for the City of Denton Planning Department;
and providing an effective date (RFQ 4938-Wayfinding Signage Project for City of
Denton awarded to Merje Design in the amount of $119,205).
Ordinance No. 2012-349
L Consider adoption of an ordinance authorizing the City Manager or his designee to
execute a Professional Services Agreement with Kiniley Horn and Associates, Inc. for
engineering services related to the design and constniction of the Southwest Elevated
Storage Tank project; and providing an effective date (File 5134-Engineering Services
for Design and Constniction of the Southwest Elevated Storage Tanlc Project awarded to
Kimley Horn and Associates, Inc. in the amount of $325,000). The Public Utilities Board
recommends approval (7-0).
Ordinance No. 2012-350
J. Consider adoption of an ordinance accepting competitive proposals and awarding a
Public Worlcs Contract for the constniction of a concrete and masonry fence at the City
of Denton Bonnie Brae Substation; providing for the expendit�ire of funds therefor; and
providing an effective date (RFP 5063-awarded to Zagros Constniction Company in the
amount of $388,849.10). The Public Utilities Board recommends approval (7-0).
Ordinance No. 2012-351
K. Consider adoption of an ordinance providing for, authorizing, and approving the
expenditure of funds for the purchase of protective relay, control, monitoring, metering,
software, integration, accessories and devices manufact�ired by Schweitzer Engineering
Laboratories (SEL), which are available from only one source, KD Johnson, Inc., and in
accordance with Chapter 252.022 of the Texas Local Government Code, are exempt
from the requirements of competitive bidding; and providing an effective date (File
5024-Purchase of Protective Relay Equipment for Municipal Electric in an amount not to
exceed $2,510,000). The Public Utilities Board recommends approval (7-0).
Ordinance No. 2012-352
L. Consider adoption of an ordinance accepting competitive proposals and awarding an
initial one (1) year contract with the option to e�tend for four (4) additional one (1) year
periods for individual and aggregate stop loss insurance for the City of Denton's Self-
Funded Health Benefits Program; providing for the expenditure of funds therefor; and
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providing an effective date (RFP 5084-Individual and Aggregate Stop Loss Insurance for
City of Denton awarded to Sun Life Financial, Inc. in the annual estimated amount of
$975,000 for a five year estimated expenditure of $4,875,001).
Ordinance No. 2012-353
M Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of 691cV and 1381cV Aluminum Pipe Bus for Denton Municipal
Electric; providing for the expendit�ire of funds therefor; and providing an effective date
(RFP 5072-Electric Utility 691cV and 1381cV Alununum Pipe Bus awarded to Techline,
Inc. in the not to exceed amount of $380,000). The Public Utilities Board recommends
approval (7-0).
Ordinance No. 2012-354
N. Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of Polymer Station Class Arresters for Denton Municipal
Electric; providing for the expendit�ire of funds therefor; and providing an effective date
(RFP 5073-Supply of Electric Utility Polymer Station Class Arresters awarded to Stuart
C. Irby Company in the not to exceed amount of $160,000). The Public Utilities Board
recommends approval (7-0).
Ordinance No. 2012-355
O. Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for the purchase of galvanized steel transmission poles for Denton Municipal
Electric; providing for the expendit�ire of funds therefor; and providing an effective date
(RFP 5079-Single Purchase of Electric Utility Galvanized Steel Transnussion Poles
awarded to Falcon Steel Company in the not to exceed amount of $751,033). The Public
Utilities Board recommends approval (7-0).
Ordinance No. 2012-356
P. Consider adoption of an ordinance of the City of Denton, Texas, amending the Fiscal
Year 2011-12 Budget and Annual Program of Services of the City of Denton to allow for
an adjustment to the Health Insurance Fund of nine hundred thousand dollars ($900,000)
from the previously amended budget amount of nineteen nullion, nine hundred fifty three
thousand, one hundred thirteen dollars ($19,953,113) to twenty million, eight hundred
fifty three thousand, one hundred thirteen dollars ($20,853,113) to provide for additional
expenditure authority related to health care claims and fees; providing for retroactive
approval, confirmation and ratification thereof; declaring a municipal purpose; providing
a severability clause; providing an open meetings clause; and providing an effective date.
Ordinance No. 2012-357
Q. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the City Manager or his designee to execute an Interlocal Cooperation
Agreement by and between the City of Denton, Texas and Denton County, Texas for
DME to update the electric utility facilities for the Denton County Jail Expansion Proj ect
and the Denton County Juvenile Probation and Detention Expansion Project; providing
for an effective date.
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Resolution No. R2012-042
R. Consider approval of a resolution of the City of Denton, Texas relating to the issuance of
refunding bonds and commercial paper by the Texas Municipal Power Agency and
providing the approval of the City for the issuance thereof subject to certain parameters
and conditions; providing for an effective date.
Ordinance No. 2012-358
S. Consider adoption of an ordinance of the City of Denton, Texas approving a
"Memorandum of Understanding - Reverse Litter Campaign" by and between the Tarrant
Regional Water District and the City of Denton, Texas to develop a reverse litter
campaign; authorizing the City Manager or his designee to execute said Memorandum of
Understanding on behalf of the City of Denton; providing for the expenditure of funds
therefor; providing an effective date. The Public Utilities Board recommends approval
(7-0).
Resolution No. R2012-043
T. Consider approval of a resolution of the City Council of the City of Denton, Texas
authorizing the approval of an "agreement for constniction, maintenance and operation of
safety lighting systems within municipalities (University of North Texas pedestrian
bridge agreement)" with the Texas Department of Transportation; providing for an
effective date.
Ordinance No. 2012-359
V. Consider adoption of an ordinance granting to Oncor Electric Delivery Company LLC a
non-exclusive franchise for the purpose of constnicting, maintaining, and using an
electric delivery utility system in the City of Denton; regulating the constniction worlc
done by the grantee in the City; requiring j oint use of poles, trenches, and conduits in
certain instances; prescribing the relationship and relative rights between grantee and
others with respect to constniction in the City and location of facilities; prescribing the
duties, responsibilities, and nile malcing authority of the City Manager and the City with
respect to adnunistration of this franchise; requiring certain records and reports and
providing for inspections and location of principal offices; reserving to the governing
body of the City the right to set charges and rates of grantee; providing the rights and
responsibilities of the governing body in setting the rates; providing for enforcement of
the franchise; prescribing the compensation to the City from the grantee for the franchise
privilege; providing for assignment of the franchise; providing indemnity of the City and
its employees; providing for good faith effort; providing for insurance; setting forth the
term of the franchise and its renewal; repealing Ordinance No. 2001-405 as amended;
providing for acceptance of the franchise by grantee; finding that the meeting at which
this Ordinance is passed is open to the public; providing for severability; and providing
an effective date. (Final Reading)
Resolution No. R2012-044
W. Consider approval of a resolution by the City Council of the City of Denton, Texas
supporting the energy efficiency goals established in Senate Bill 898 enacted by Texas
Legislature during the 82nd Legislative Session of 2011; providing for an effective date.
The Council Comnuttee on the Environment recommends approval (3-0).
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Ordinance No. 2012-360
X. 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 to
the ordinance and made a part thereof as Exhibit "A", by and between the City of Denton
(the "City"), and Weldon Wilson and wife, Terri Wilson (collectively, the "Seller"),
contemplating the sale by Seller and purchase by City of a 2.123 acre tract of land, more
or less, being generally located at S. Mayhill Road north of Gayla Drive, in the Gideon
Wallcer Survey, Abstract No. 1330 in the City of Denton, Denton County, Texas (the
"Property Interests"); for the purchase price of One Hundred Thirteen Thousand Seven
Hundred Fifty One and No/100 Dollars ($113,751.00) for landfill operations; authorizing
the City Manager, or his designee, to execute and deliver any and all other documents
necessary to accomplish closing of the transaction contemplated by the Contract of Sale;
authorizing the expenditure of funds therefor; and providing an effective date.
Ordinance No. 2012-361
Y. Consider adoption of an ordinance providing for acceptance of eligible Non-Annexation
Agreements for agricultural, wildlife management or timberland use properties within an
area of land adj acent to and abutting the existing city limits of the City of Denton, Texas,
generally identified as DH-7, consisting of approximately 143 acres of land located on
the east and north sides of Teasley Lane, south of Teasley Harbor Subdivision and west
of Southlalce Drive, and more specifically identified in Exhibit "A" attached thereto;
providing for severability; and providing an effective date.
Ordinance No. 2012-362
Z. Consider adoption of an ordinance providing for acceptance of eligible Non-Annexation
Agreements for agricultural, wildlife management or timberland use properties within an
area of land adj acent to and abutting the existing city limits of the City of Denton, Texas,
generally identified as DH-9, consisting of approximately 298 acres of land located north
of Pocicnis Page Road, north, south and northeast of Edwards Road, and more
specifically identified in Exhibit "A" attached thereto; providing for severability; and
providing an effective date.
Ordinance No. 2012-363
AA. Consider adoption of an ordinance providing for acceptance of eligible Non-Annexation
Agreements for agricultural, wildlife management or timberland use properties within an
area of land adj acent to and abutting the existing city limits of the City of Denton, Texas,
generally identified as DH-12, consisting of approximately 1,154 acres of land located
south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road,
north and south of Mills Road, and east and west of S. Trinity Road, and more
specifically identified in Exhibit "A" attached thereto; providing for severability; and
providing an effective date.
Ordinance No. 2012-364
BB Consider adoption of an ordinance approving a Letter Amendment to the Transnussion
. Operator Consulting Services Agreement dated January 1, 2012, wherein the City of
Denton, Texas is continuing the services of the Garland Power & Light as its Transmission
Operator; authorizing the expenditure of funds therefor; providing an effective date.
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Ordinance No. 2012-365
CC. 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
thereto and made a part thereof as Exhibit "A" by and between the City of Denton (the
"City"), and Haeussler Properties, LP, a Texas limited partnership (the "Seller"),
contemplating the sale by Seller and purchase by City of a 1.968 acre tract of land, more
or less, being generally located in the 1200 blocic of South Mayhill Road in the M.E.P. &
P.R.R. CO. Survey, Abstract No. 927 in the City of Denton, Denton County, Texas (the
"Property Interests"); for the Purchase Price of Two Hundred Sixty Three Thousand and
No/100 Dollars ($263,000.00); authorizing the City Manager, or his designee, to execute
and deliver any and all other documents necessary to accomplish the closing of the
transaction contemplated by the Contract of Sale; authorizing the expenditure of funds
therefor; and providing an effective date. (Parcel M120 - Mayhill Road Widening and
Improvements proj ect)
Item U was considered.
U. Consider approval of a resolution regarding a Branding/Marlceting Proposal presented by
the Economic Development Partnership Board for a new Denton Airport Logq Tag Line,
Anthem and Name. The Economic Development Partnership Board recommends
approval (9-0).
Mayor Burroughs stated that there was a Spealcer Card subnutted for this item.
Ricic Woolfollc, 115 W College, Denton, spolce regarding the nanung of the airport. He was not
in favor of the name "Denton Enterprise Airport" and felt "Denton Airport" was the appropriate
name for the airport.
Council Member King motioned, Council Member Engelbrecht seconded to postpone Item U to
the Febniary 12th Council meeting. On roll call vote: Council Member King, Council Member
Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council
Member Roden —"aye". Motion carried unanimously.
5. PUBLIC HEARINGS
Ordinance No. 2012-366
A. Hold a public hearing and consider adoption of an ordinance designating and
describing the boundaries of Tax Increment Reinvestment Zone Two for an
industrial district of Denton, Texas; establishing the duration of the Zone;
establishing a Tax Increment Fund; establishing a Board of Directors for the Tax
Increment Reinvestment Zone; malcing certain findings and other matters related
thereto; and providing an effective date.
Erica Sullivan, Economic Development Analyst, presented information concerning the item.
The proposed zone was comprised of approximately 800 acres located north of Airport Road.
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The major assumptions of land valuation, improvement valuation, business personal property
and residential development were reviewed. Proposed proj ects for the TIRZ included street
improvements, utility and drainage improvements and support for industrial proj ects.
Participation would be with the city of Denton and Denton County. The Economic Development
Partnership Board recommended approval of the Zone. It also recommended an eleven member
Board consisting of the nine Economic Development Partnership Board members plus one
representative from Denton County and one member from the developer, Rayzor Investments.
This board stnicture would streaniline the process as the same group of individuals would also be
worlcing on other incentive agreements for these projects. Board members would serve
staggered terms not to exceed three consecutive terms. Next steps in the process included
receiving Denton County participation agreement, appointment of the Board, Board approval of
the final project and financing plans to present to the Council for approval. The City would then
notify the State Comptroller sometime in Febniary 2013 of the TIRZ establishment. The Board
would provide an annual report to Council and the Comptroller on the TIRZ fund and proj ect
activity sometime in Febniary 2014.
The Mayor opened the public hearing.
Matt Bulcin, 1114 Stratford, Richardson, 75080, spolce in favor on behalf of the Rayzor family.
The Mayor closed the public hearing.
Council Member Gregory stated that it appeared that the project was counting on the County to
participate and questioned what would happen if the County did not approve the participation.
Bulcin stated that he did not lcnow but that it probably would still move forward.
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance.
On roll call vote: Council Member King, Council Member Gregory, Council Member
Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden —"aye". Motion
carried unanimously.
Ordinance No. 2012-367
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas designating portions of certain retail establishments, public
buildings, and food establishments as nonsmolcing areas; providing notification
requirements; prohibiting smolcing in designated nonsmolcing areas; providing
exceptions; providing penalties; providing a severability clause, repealing
Ordinance 86-69, Ordinance 93-193 and Chapter 14 Article IV (Smolcing) of the
Code of Ordinances, and any other ordinance in conflict herewith; and providing
for an effective date.
Lindsey Balcer, Assistant to the City Manager, presented an update on the proposed regulations.
She reviewed the history of the Committee and the proposed regulations plus the Council's
recommendations. The regulations would involve restaurants, bars, outdoor open-aired outdoor
patios at restaurants and bars, billiard/bowling/bingo facilities, hotel/motel rooms, worlcplaces, a
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designated distance from public entrances and other applicable exceptions. Council had been
provided a revised ordinance based on their comments during the work session.
Council Member Roden stated that tobacco shops and tobacco bars did not have the same under
age 18 provision that cigar bars had.
Balcer stated that was correct.
Council Member Gregory aslced about the changes Council made to the Advisory Committee's
recommendations.
Baker stated that one of primary comnuttee recommendations dealt with transportation and
originally had "enclosed" in the definition. The intent was to allow smolcing on platforms as
they were open air. Council amended that to not allow smolcing in those areas. Council also
amended the provisions for a cigar bar to include alcoholic beverages and the under 18 age
provision. The open air patio definition was also amended from the original Committee
recommendation.
Council Member Gregory stated that the majority of the comments he had received was that
people wished the provisions went further for all bars and not just 18 and over. He aslced Balcer
to summarize what happened in the deliberations of the Comnuttee that led to the
recommendation.
Balcer stated that the Committee had a lot of discussion regarding whether to ban smolcing in all
bars or just to those serving under the age of 18. A vote was talcen by the Committee to ban
smolcing completely from bars but was voted down. Another vote concerning banning smolcing
in bars under the age of 18 passed. There was a reconsideration of the item at the Committee's
December meeting with the vote remaining the same.
The Mayor opened the public hearing.
The following individuals spolce during the public hearing:
Pat Cheelc, 1200 Tulane, Denton, 76201
Cynthia Beard, 2100 Loon Lalce Road, Denton, 76210, opposed
Phillip Stachelslci, 1317 Anna, Denton, 76201 - support
John Murphy, 1905 Whitefish Court, Denton, 76210 — support of no smolcing in all bars
Council Member Roden aslced Mr. Murphy what was the trend in places around the county
regarding musicians and smolcing in bars.
Murphy stated they were not allowing smolcing in the venues.
Phillip Kregel, 21 Oalc Forrest, Denton, 76210, opposed
Matthew Long, 1509 Bolivar, Denton, 76201 - opposed
Amber Briggle, 1315 Dartmouth, Denton, 76201 — opposed
Adam Briggle, 1315 Dartmouth, Denton, 76201 - opposed
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Council Member Roden questioned Mr. Briggle regarding distance requirements outside an
establishment.
Briggle felt 25 feet was the norm.
Tom Silva, 2201 Longmeadow, Denton, 76209 - in favor of comprehensive ordinance
James Bosticic, 1610 Highland Parlc, Denton, 76205 - opposed
Council Member Roden questioned Mr. Bosticic if he was in favor of the over 18 restriction as he
was the owner of Andy's.
Bostick stated that no one under 18 came into his establishments.
Council Member Roden aslced if he was allowed by law to have all age shows.
Bostick stated correct but he chose not to do that but if he did it would be a no alcohol event and
no smolcing.
Michael Briggs, 2311 Houston Place, Denton, 76201 - support
Morgan Larson, McCormicic Street, Denton, 76201 - opposed
John Ryan, 2128 Emerson, Denton, 76201 - support
Arjun Chandy, 716 Ticonderoga, Denton, 76205 — opposed
Jim Clarlc, 1200 Tulane, Denton, 76201 - favor
Jennifer Gibbs, 318 W. Congress, Denton, 76201 — owner of Dusty's - opposed
Council Member Roden asked Ms. Gibbs if it would be helpful to have a provision to allow time
to make the necessary changes.
Gibbs stated that she would not be able to move and felt that her landlord would not do anything
with the building and she had no money malce the changes herself.
Mayor Pro Tem Kamp aslced about allowing 18 and under into her bar.
Gibbs stated that if an establishment had a cigarette machine no one under 18 could enter.
Nanci Kimmey, 2217 N. Carroll, Denton, 76201 - pass the current proposal to exempt
bingo halls and provided a barrier wall within three years
Mayor Pro Tem Kamp aslced Ms. Kinney if the three year provision was adequate and if
currently they had a filter system.
Kimmey stated that currently they had air filtration systems with two wings; one for smolcing
and one for non-smolcing.
Joe Ager, College Street - support
Rowdy Whollper - support
Pam Gibbs, 2020 Kendolph, Denton, 76205 - opposed
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Lloyd Banlcs - opposed
Council Member Roden aslced Mr. Banlcs if he had all age shows.
Banlcs stated almost never because if the patrons couldn't drinlc, he did not malce money.
Natasha Hume, 207 Solar Way, Denton, 76207 —opposed
John Russell, Jacqueline Drive, Denton - provide tax incentives for smolce free
establishments
Comment Cards were submitted by the following:
Glenn, Carlton, P.O. Box 1695, Denton, 76202 - support
Christopher Wallcer, 805 Emery, Denton, 76201 — support
Vicici Oppenheim, 600 Windfield, Denton, 76209
Nathaniel Lightfoot, 111 Lane, Denton, 76209 - support
Vivian Casper, 2004 Pennsylvania, Denton, 76205 - support
Florence Winston, 1602 Mistywood, Denton, 76209 - support
Rhonda Love, 1921 Holly Hill, Denton, 76205 - opposed
Jay McElhinney, 605 Austin, Denton, 76201 — support
Robert Gomez, 119 W. Pecan, Denton, 76201 - support
Kim Brimberry, 918 Haynes, Denton, 76201 — opposed
Steve Cocicrell, 318 W. Congress, Denton, 76201 - opposed
Harrison Wicics, 3111 Darby Lane, Denton, 76207 - support
Bradley Franldin Santulli, 1400 Panhandle, Denton, 76201 - opposed
LuAnn Awtrey, 210 Stroud, Denton, 76201 - support
JoAnn Nunnelly, 2215 Houston Place, Denton, 76201 - support
The Mayor closed the public hearing.
Council Member Roden stated that he was in favor of a total ban for all bars. He questioned if
the portion of the ordinance dealing with bars could be separated out and have different phases
for implementation for bar situations.
City Attorney Burgess stated that section would have to be reworked but that it could be done.
Council Member Roden asked if the ordinance could be passed with the provision of bars as is
and have a provision to amend it later.
City Attorney Burgess stated that the ordinance could be amended at any time.
Council Member Roden felt there was a broad consensus with everything with the exception of
the bars. He felt given more time and discussion of creative solutions the Council would be
closer than the current proposal. He suggested passing everything with the exception of the bars
and table that portion for further discussion.
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Council Member Gregory stated that the ordinance as proposed prohibited smolcing in
restaurants. He was in favor of a complete ban in bars. The smolcing ban would be stronger than
what currently was in effect. He understood the issue of choice.
Mayor Pro Tem Kamp aslced for a clarification on private clubs and whether they were
exempted.
City Attorney Burgess stated that private clubs were exempted and not included in the ban.
Baker stated that the definition in the ordinance for private club was for non-profit private clubs
and not the definition of private clubs as defined by TABC.
Mayor Pro Tem Kamp felt that Council should loolc at complete ban of bars in the funire and
give some of the owners time to adjust. There was a certain amount of personal responsibility of
where a person went and where he did not go. She was concerned with musicians who had to
play in clubs with smolcing. She suggested giving bars with those venues time to adjust and to
come back in 6 months with another look at the ordinance. She supported what was in front of
them with the 18 age provision.
Council Member Engelbrecht stated as the provisions now stood, if bar owner wanted a non-
smolcing facility, he had the burden of enforcement on hin�/herself as there was no city
requirement. Under the ordinance as written a bar owner who declared his establishment to be
non-smolcing carried the weight of the city's enforcement. That owner would have the bacicing
of the City to support that ban.
City Attorney Burgess stated that if an establishment declared to be non-smolcing, it would be a
violation of the ordinance if an individual smoked in the establishment.
Council Member Engelbrecht suggested reviewing the ordinance again in six month to see what
effect it had on the business owners.
Council Member King stated that he personally did not lilce smolcing but had a hard time with the
concept of government talcing choices away from business owners. Venues were choosing to
become non smolcing as well as bars. He liked what the current proposal was and what Council
Member Engelbrecht was proposing.
Mayor Burroughs stated that currently the City did not have any type of smolcing regulations
except for on city property so anything done now would be better. The proposal banned
smolcing in elevators, health care facilities, any city building, retail establishments, lobbies,
hallways, schools, child and adult day care facilities, movie theaters, public libraries, museums,
restaurants, bars with exceptions, hotel/motel public areas, public transportation vehicles, places
of employment. There was a broad series of places where smolcing would be banned. He lilced
the concept of revising bars and the incentive idea plus the idea of identifying bars and extending
to locations that were physically able to create a patio or open area. There would be some that
could not do that and an exception might be considered for those types of facilities as they were
built before the ordinance.
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Council Member Roden stated that it was still not clear that this point if a night by night
exception would be allowed.
Council Member Gregory suggested adding an Item 20 that might address that situation by
declaring non-smolcing by the owner.
City Attorney Burgess stated that it would be feasible to add a Section 20. Section 4B would
need to have language crafted for the Police Department for a notice for temporary declarations
so they lcnew what to enforce, where and when.
Council Member Engelbrecht suggested it could be done similar to noise exceptions. If an
owner wanted to ban smolcing at certain times, he could go through the process lilce a change in
the noise ordinance. If an exception was wanted, they would come to Council to get that.
City Attorney Burgess stated that was a good suggestion and if sq the public would be aware as
well as the Police Department and would be more workable rather than just doing some sort of
notice.
Mayor Burroughs stated that if an owner did not want to go through that process to have city
support, he could do the ban himself and not go through that process.
Council Member Gregory did not like the concept of malcing the owners come to Council and
felt that posting itself as non-smolcing should be enough. He suggested talcing out the word
"public" in Item 7 dealing with primary or secondary schools.
Mayor Burroughs questioned if posting signs for non-smolcing for an event was sufficient for
enforcement for the event.
City Attorney Burgess stated that some sort of notice and a notice to the Police Department
would be more helpful than not as far as an attempt to enforce.
Mayor Pro Tem Kamp stated that there were several places in the city that already did the self
enforcement. If an owner wanted to be non-smolcing on a particular night then he could do the
enforcement himself.
City Attorney Burgess stated that the only requirement would be the posting similar to Section 5
for events to be non-smolcing.
Council Member Roden suggested that when the provisions were revisited to get with the current
committee to continue loolcing at the provisions.
Council Member Engelbrecht motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance
with the following changes: remove the word "public" from Item 7 and add an Item 20
indicating "any establishment or facility declared to be non-smolcing under Section 4(b) of this
ordinance". On roll call vote: Council Member King, Council Member Gregory, Council
Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden —
"aye". Motion carried unanimously.
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Council considered Item 6C.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2012-368
C. Consider adoption of an ordinance amending Ordinance No. 2012-024, as
amended by Ordinance Nos. 2012-126 and 2012-131, establishing a moratorium
on certain gas well pernuts for gas well drilling and production activities within
the corporate limits of the City of Denton, Texas, providing for an extension of
the moratorium, providing a cumulative clause, providing a severability clause,
and providing an effective date.
Mayor Burroughs stated that there was no staff presentation for this item but a number of
Spealcer Cards had been subnutted.
The following individuals submitted Spealcer Cards:
Tara Lynn Hunter, 804 West Hicicory, Denton, 76201 - support
Morgan Larson, McCormicic Street, Denton, 76201 - support
Aaron Aguilar, 804 West Hicicory, Denton, 76201 - support
Colin Shaw, no address provided — opposed to drilling
Adam Briggle, 1315 Dartmouth, Denton, 76201 - support
Ben Kessler, 2778 Loolcout Lane, Denton, 76207 - support
Laura Abril, 2424 West Oalc, Denton, 76201 - support
Kelsey Fryman, 1103 Bernard, Denton, 76203 - support
Ed Soph, 1620 Victoria, Denton, 76209 - support
Pauline Raffestin, 2015 Bowling Green, Denton, 76201 - support
Comment Cards were submitted by the following:
Jason Stroud, 118 Bernard, Denton, 76201 - support
Cathy McMullen, 805 Ector, Denton, 76201 - support
Rhonda Love, 1921 Holly Hill, Denton, 76205 - support
Vivian Casper, 3004 Pennsylvania, Denton, 76205 - support
Florence Winston, 1602 Mistywood, Denton, 76209 - support
Vicici Oppenheim, 600 Windfield, Denton, 76209 — support
Benjanun Butler, 804 W. Hicicory, Denton, 76201 - support
JoAnn Nunnelly, 2215 Houston, Denton, 76201 - support
Megan Storie, 804 W. Hicicory, Denton, 76201 - support
Bnice and Elma Wallcer, 9805 Grandview, Denton, 76207 - support
Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance and
extend the moratorium until Febniary 20, 2013. On roll call vote: Council Member King,
Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor
Burroughs, Council Member Roden —"aye". Motion carried unanimously.
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Mayor Burroughs stated that the moratorium would be extended with the flexibility for
consideration of the ordinance itself.
5. PUBLIC HEARINGS
C. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, amending Subchapters 22 of the Denton Development Code, relating to
Gas Well Drilling and Production, Definitions, and Procedures; providing a
cumulative clause; providing a severability clause; providing for a penalty; and an
effective date. (DCA12-0005)
Mayor Burroughs stated that there was going to be another public hearing with revisions in the
process to allow time to accept comments after this meeting due to a timing issue for more
analysis on the last draft with additional changes. He would open the public hearing and noted
that the ordinance would be changing. Citizens could comment on the current ordinance but
there would be another public hearing in the future.
Darren Groth, Gas well Administrator, stated that the proposal was to consider approval of the
Planning and Zoning Commission recommendation to approve the ordinance with the condition
that Council would continue to revise the ordinance language based on their goals. The prior
actions of the Gas Well Taslc Force were reviewed with a note on all of the opportunities for
public input. The proposal this evening was the fourth draft of the ordinance and contained
revisions made after receipt of additional public input, the Planning and Zoning Commission
November 28, 2012 recommendation and Council direction. Comments and suggestions
provided during Phase II were considered in context of the whole ordinance to ensure
consistency throughout the entire document. Groth reviewed a summary of noteworthy draft
four revisions. Staff's recommendation was to approve the Planning and Zoning Comnussion
recommendation to approve DCA12-0005 with the condition that Council continue to revise the
ordinance language based on their goals.
The Mayor opened public hearing
The following individuals spolce during the public hearing:
Elma and Bnice Wallcer, 9805 Grandview, Denton, 76207 - support
Henry Teich, 10008 Country Road 917, Cresson, 76335 - support
Vicici Oppenheim, 600 Windfield, Denton, 76209 - support
Chelsea Bacher, 5601 Bridge, Fort Worth, 76112
John Russell, 2303 Jacqueline, Denton, 76205 - opposed
Adam Briggle, 1315 Dartmouth, Denton, 76201 - opposed
Gilbert Horton, 1209 CR 1304, Bridgeport, 76426
Mayor Burroughs aslced Mr. Horton if he had an objection to a municipality testing air and water
quality during and after well drilling.
Horton stated that fell within federal and state guidelines.
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Mayor Burroughs stated that federal and state guidelines extended to regulation and his question
was with testing.
Horton stated they already had air quality monitors and all showed they were in compliance.
Mayor Burroughs stated that he was aslcing about testing at the well site for a local level of air
and water before, during and after drilling.
Horton stated he would have to checic but felt that would be regulated by the state and federal
government.
Wes Sandefer, 5601 Bridge, Fort Worth, 76112
Matthew Long, 1509 Bolivar, Denton, 76201 - opposed
Phyllis and Ronnie Wholper, 2616 Hereford Road - opposed
Comment card were submitted by the following:
Rhonda Love, 1921 Holly Hill, Denton, 76205 - opposed
Michael Briggs, 2311 Houston, Denton, 76201 - opposed
JoAnn Nunnelly, 2215 Houston, Denton, 76201 - opposed
Marlc Michalica, 600 Windfield, Denton, 76209 - opposed
Steven, 2417 Natchez Trace, Denton, 76210
City Attorney Burgess stated that this was the required public hearing as required by law.
Council could close public hearing and accept blue cards at a next meeting, hold a courtesy
public hearing or continue to an appropriate date.
Mayor Burroughs stated that if there was no requirement to re-advertise, it would be a benefit to
the public to close the public hearing because then if someone had already spoken he/she could
not spealc again. If the public hearing were closed, they could spealc again.
The Mayor closed the public hearing.
Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to continue consideration
of the item to January 15, 2013 with another public hearing. On roll call vote: Council Member
King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor
Burroughs, Council Member Roden —"aye". Motion carried unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
Resolution No. R2012-045
A. Consider approval of a resolution regarding the 2013 State Legislative Program
of the City of Denton for the 83rd Texas Legislature and providing for an
effective date.
Lindsey Baker, Assistant to the City Manager, stated that two items were added by Council to
the program. Those items were support for legislation that would allow cities to enact
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ordinances regulating development, related to Chapter 245 of the Local Government Code and
opposition to state pre-emption of municipal authority in the regulation of payday lenders.
Council Member Roden motioned, Council Member Engelbrecht seconded to approve the
resolution. On roll call vote: Council Member King, Council Member Gregory, Council
Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden —
"aye". Motion carried unanimously.
Resolution No. R2012-046
B. Consider approval of a resolution of the City of Denton, Texas, in support of the
passage of legislation during the 83rd State Legislative Session that will create
an additional exemption to the "Vested Rights" Law, Texas Local Government
Code, Chapter 245, which will allow local governments to enact ordinances
relating to health and safety regulations as applied to gas drilling and production
activities; and providing for an effective date.
City Attorney Burgess stated that vested rights concepts were difficult as staff was trying to draft
the gas well drilling provisions and staff was suggesting that it was appropriate for Council to
pass a resolution aslcing the legislature to allow an additional exemption for municipalities to
better regulate health and safety provisions as it related to gas well drilling.
Comment cards were subnutted by the following:
LuAnn Awtrey, 210 Stroud, Denton, 76201 — support
JoAnn Nunnelly, 2215 Houston, Denton, 76201 - opposed
Rhonda Love, 1921 Holly Hill, Denton, 76205 - support
Amber and Adam Briggle, 1315 Dartmouth, Denton, 76201 — support
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to approve the resolution.
On roll call vote: Council Member King, Council Member Gregory, Council Member
Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden —"aye". Motion
carried unanimously.
D. Consider appointments to the Denton County Housing Finance Corporation.
Mayor Pro Tem Kamp nominated Paul Chandler, Marlc Chew, Dulce Yorlc for the vacancy of
Phil Gallivan, Linnie McAdams and Adam Reese.
Council Member King motioned, Council Member Roden seconded to approve the nominations.
On roll call vote: Council Member King, Council Member Gregory, Council Member
Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden —"aye". Motion
carried unanimously.
7. CITIZEN REPORTS
The citizen reports listed at the end of the agenda were moved to the beginning of the agenda.
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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
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 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.
Mayor Burroughs noted the payday lender discussion and that staff would be loolcing into the
issue.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Mayor Burroughs noted that Council would be going bacic into Closed Session to discuss Item
C.1. as noted on the agenda.
Upon the completion of the Closed Session at 12:45 a.m., the Council returned to Open Session
and with no further business, the meeting was adj ourned.
MARK A. BLJRROUGHS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
Febniary 5, 2013
Economic Development
John Cabrales
� �
SUBJECT
Consider adoption of an ordinance accepting an Agreement with Denton County to participate
in Tax Increment Reinvestment Zone, Number Two; authorizing the City Manager to execute
the Agreement and take other actions necessary to administer the Tax Increment
Reinvestment Zone; malcing certain findings and other matters related thereto; and providing
an effective date
BACKGROUND
A Tax Increment Reinvestment Zone (TIRZ) is a tool that local governments can use to
publicly finance needed stnict�iral improvements and enhance infrastnicture within a defined
area in order to stimulate private development and redevelopment. An ad valorem valuation
base is established in the first year, and the revenue from the increased valuation from
subsequent years is allocated to TIRZ development. The base tax value continues to flow to
the taxing entities during the life of the TIRZ.
TIRZ Number Two consists of approximately 800 acres and is located north of Airport Road.
The TIRZ was created to provide the public infrastnicture necessary to encourage
development in the largest industrially zoned area (Westparlc) in the city.
Denton County Commissioners Court declared support and adopted Resolution 12-0976
Agreement to participate in TIRZ Number Two on December 21, 2012. The City of Denton
and Denton County will participate in TIRZ Number Two at a rate of 40% for a period of 25
years.
ESTIMATED SCHEDULE OF PROJECT
1�he tollowing represents the next steps ot the pro�ect:
City Council considers Participation Agreement Febniary 5, 2013
The City will notify the State Comptroller of the TIRZ establishment Febniary 2013
and participating taxing entities
The City Council will appoint 9 of the 11 TIRZ Board members and Febniary/March
designate the board Chair 2013
The Board will meet to review and approve the final Project and March/Apri12013
Financing Plans to present to the City Council for approval. The
Board will also review and malce a recommendation on the
Developer's Agreement.
The TIRZ Board will provide an Annual Report to City Council and Febniary 2014
Comptroller on the TIRZ fund and project activity, which is due 150
days following the end of the fiscal year.
Agenda Information Sheet
TIRZ Two
Febniary 5, 2013
Page 2
PRIOR ACTION/REVIEW
City Council adopted Ordinance 2012-366 designating and describing the boundaries of a Tax
Increment Reinvestment Zone Number Two for an industrial district of Denton, Texas;
establishing the duration of the Zone; establishing a Tax Increment Fund; establishing a Board
of Directors for the Tax Increment Reinvestment Zone on December 18, 2012. The Council
also received reports on the TIRZ proposal at the July17, 2012, September 11, 2012 and
December 7, 2012 (Closed Session) meetings.
The Economic Development Partnership Board discussed the TIRZ Number Two at eight
meetings in 2012 and recommend approval of the TIRZ 9-0.
FISCAL INFORMATION
It is estimated that the TIRZ would generate approximately $14,275,430 over a 25 year period
for infrastnicture improvements. The City and County would contribute $10,033,470 and
$4,241,960 into the TIRZ fund, respectively. The City would retain $43,926,530 and the
County would retain $18,862,910 over the life of the TIRZ.
EXHIBITS
Denton County Resolution 12-0976
Ordinance and Agreement
Exhibit A: Ordinance 2012-366
Exhibit B: TIRZ Project and Finance Plans
Respectfully submitted:
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Erica Sullivan, Economic Development Analyst
Economic Development Department
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s:Uegal\our documents\ordinancesU3\denton co participation agr.docx
ORDINANCE NO,
AN ORDINANCE ACCEPTING AN AGREEMENT WITH DENTON COUNTY TO
PARTICIPATE IN TAX INCREMENT REINVESTMENT ZONE NUMBER TWO;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND TAKE
OTHER ACTIONS NECESSARY TO ADMINISTER THE TAX 1NCREMENT
REINVESTMENT ZONE; MAKING CERTAIN FINDINGS AND OTHER MATTERS
RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in accordance with the provisions of the Tax Increment Financing Act,
Texas, Tax Code, Chapter 311 ("the Act"), the Denton City Council approved Ordinance No.
2012-366 on December 18, 2012, creating, establishing and designating "Tax Increment
Reinvestment Zone Number Two, City of Denton, Texas" (hereinafter called the "TIRZ") under
the Act; and
WHEREAS, the Denton County Commissioners Court recognize that participation in the
TIRZ will have the desired effect of developing and redeveloping portions of the County to the
benefit of all taxing units which levy taxes in the TIRZ; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute an
Agreement to Participation in the Tax Increment Reinvestment Zone Number Two with Denton
County and to make expenditures in accordance with the terms set foi-th in the attached
Participation Agreement,
SECTION 2, This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A, BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
`°�
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BY: ` '``
�`;~, .� � !~�.�. � . � ��. � � �n > �
F
City of Denton
And
Denton County
Agreement to Participate
In
Tax Increment Reinvestment Zone, Number Two, City of Denton
THIS AGREEMENT, ("Agreement") is made and entered into by and between the City
of Denton ("the City"), a municipal corporation, and Denton County, ("the County"), Texas.
WITNESSETH:
WHEREAS, in accordance with the provisions of the Tax Increment Financing Act,
Texas, Tax Code, Chapter 311 ("the Act"), the Denton City Council adopted an Ordinance ("the
Ordinance") on the 18t" day of December, 2012, in the form attached hereto as Exhibit "A" and
incorporated herein by reference, creating, establishing and designating "Reinvestment Zone
Number Two, City of Denton, Texas" (hereinafter called the "Reinvestment Zone") under the
Act; and
WHEI2EAS, the City also adopted a preliminary Project Plan and Financing Plan
(collectively "the Plan") for the Reinvestment Zone in substantially the form of the Plan attached
hereto as Exhibit "B" and incorporated herein by reference; and
WHEREAS, the Act provides that each taxing unit levying taxes on real property in a
Tax Increment Reinvestment Zone (hereinafter called a"TIRZ") is not required to pay into the
Tax Increment Fund (hereinafter called a"TIF") any of its tax increment produced fram property
located in the TIRZ unless such taxing unit enters into an agreement to do so with the governing
body of the municipality that created the TIRZ; and
WHEREAS, an agreement to participate in a TIRZ created under the Act may� b� ��Itered
into any time before or after the TIRZ is created, and such agreement may include any conditions
for payment of the tax increment into the TIF and must specify the portion of the tax increment
to be paid into the TIF and the years for which that tax increment is to be paid into the TIF.
NOW, THEREFORE, the City and the County, in consideration of the terms,
conditions, and covenants contained herein, hereby agree as foilows:
Section 1. The City and the County hereby agree to pay into the TIF established by
the City for the Reinvestment Zone a percentage of the ad valorem tax collections on the
captured assessed value of real property in the Reinvestment Zone as follows and subject to the
following terms and conditions.
a. City of Denton. The City hereby agrees to pay into the TIF, forty percent (40%) of
the ad valorem tax collections on the captured assessed value of real property in the
Reinvestment Zone from the date the Reinvestment Zone is established until the
City of Denton — TIRZ #2
��° �����`�
- Page 1 of 8
earlier of: (i) December 31, 2037, or (ii) the date on which the Plan has been fully
implemented and all project costs, tax increment bonds, interest on such tax
increment bonds and all other obligations, contractual or otherwise, payable from
the TIF have been paid in full.
b. Denton Countv. The County hereby agrees to pay into the TIF, forty percent
(40%) of the ad valorem tax collections on the captured assessed value of real
property in the Reinvestment Zone from the date the Reinvestment Zone is
established until the earlier of: (i) December 31, 2037, or (ii) the date on which the
Plan has been fully implemented and all project costs, tax increment bonds, interest
on such tax increment bonds and all other obligations, contractual or otherwise,
payable from the TIF have been paid in full, In no event will the County be liable
for payment of ad valorem tax collections on the captured assessed value of real
property in the Reinvestment Zone after December 31, 2037.
c. Boundarv. The boundaries of the Reinvestment Zone are and s11ii11 be t'riose
boundaries described in the Ordinance, or an amendment thereto revising the
boundaries duly approved by the Reinvestment Zone Board of Directors and the
City Council of the City,
d. Purpose and Pro�rarn. Street, utility, drainage improvements and industrial
projects are to be constiucted as nearly as possible in conformity with the Plan.
Any additions, changes, revisions or modiiications to the Plan made after the date
of this Agreement may only be made by the Board of Directors of the Reinvestment
Zone and the City Council of the City.
e. Total Taxable Value. The real property within the boundaries of the Reinvestment
Zone is to be the total taxable value as of January 1, 2012, for ad valorem tax
purposes and for establishing the tax increment base referenced in Section 311.012
of the Act.
f. Bond Limit. The Denton City Council and the Denton County Commissioners
Court shall have the authority to authorize the total principal amounts of bonds or
notes.
g. Use of TIF Funds. All amounts paid into the TIF shall be used solely to pay or
reimburse cash expenditm�es for project costs or the principal of and interest on any
tax increment bonds or notes issued to finance project costs under the Act, and to
pay direct costs properly chargeable under the Act and under generally accepted
accounting principles to the administration of the Reinvestment Zone, all in
accordance with the Plan.
h. Denosit of TIF Funds. The City and the County shall provide for the collection of
its taxes in the Reinvestment Zone as for any other property taxed by the City or the
County. Each participating taxing authority shall pay into the TIF an amount equal
to the tax increment produced by the authority. The City shall invoice the County
City of Denton — TIRZ #2
- Page 2 of 8
not later than thirty (30) days after the delinquency date of property taxes in the
Reinvestment Zone. Pursuant to the Act, (Section 311.013(c)) the City and the
County shall make payment to the TIF, pursuant to this Agreement, not later than
ninety (90) days after the delinquency date of property taxes in the Reinvestment
Zone.
i. Limits of Obli�ation of the County. Except for payment to the TIF of the County
ad valorem tax collections on the total taxable value of real property in the
Reinvestment Zone the County shall have no obligation for any costs or expenses
associated with the operation of the Reinvestment Zone, including, without
limitation, any obligation to pay or repay any debt issued by the City, the
Reinvestment Zone, or the Board of Directors of the Reinvestment Zone relating to
the Reinvestment Zone or any costs associated with the operation of the
Reinvestment Zone or any projects relating thereto. The County is not re�uired to
pay into the TIF the applicable portion of the tax increment that is atEriu��s,7hl� to
delinquent taxes,
j. Board of Directors. The Reinvestment Zone's Board of Directors (hereinafter
referred to as "the Board") was established as provided in Section 4 of Ordinance
2012-366, Nine (9) of the eleven (11) member Board shall be appointed by the
Denton City Council within sixty (60) days of the passage of the Ordinance or
within a reasonable time thereafter, All members appointed to the Board shall meet
the eligibility requireinents set forth in the Act.
The terms of Board members shali be two-year terms. A Board member may serve
no more than three (3) consecutive terms. At the first meeting of the Board, the
Board members will draw lots to establish the staggering of terms with five (5) of
the Board membeis serving an initial tern of one (1) year, The Denton City Council
shall designate a member of the Board to serve as chairman of the Board, and the
Board shall elect from its members a vice chairman and other officers as it sees fit.
The Board shall malce recommendations to the Denton City Council concerning the
administration of the Reinvestment Zone. It shall prepare and adopt a project plan
and Reinvestment Zone financing plan for the Reinvestment Zone and must submit
such plans to the Denton City Council for its approval. The Board sh��ll pc�ssess all
powers necessaiy to prepare, implement and monitor such project plan and
financing plan for the Reinvestment Zone as the Denton City Council considers
advisable, including the submission of an annual report on the status of the
Reinvestment Zone. Any powers not herein delegated to the Board are specifically
reserved to the Denton City Council.
k. Denton Independent School District ("DISD") Representation. The DISD has
chosen not to participate in the Reinvestment Zone and shall not have the right to
appoint a voting member on the Board of the Reinvestment Zone.
City of Denton — TIRZ #2 - Page 3 of 8
I. County Representation. The County shall have the right to appoint and maintain
one (1) voting member on the Board of the Reinvestment Zone at all times,
m. City Representation. The City shall have the right to appoint and maintain nine
(9) voting members on the Board of the Reinvestment Zone at all times,
n. Other. Rayzor Investments, LLC, shall have the right to appoint and maintain one
(1) voting member on the Board of the Reinvestment Zone at all times.
Section 2. The City agrees that City bonds or tax increment bonds of the Reinvestment
Zone will not be issued to finance projects contemplated in the Plan until (a) a final Plan has
been prepared and adopted by the Board of the Reinvestment Zone and approved by the Denton
City Council, and (b) the City has furnished documentation, evidence and assurances satisfactory
to the Board of the Reinvestment Zone to the effect that funds necessary to support cash
expenditures and the retirement of tax increment bonds will be available either from revenues of
the TIF or from other funds provided by the City.
Section 3. This Agreement shall become effective as of the date of the final signature
hereto and shall remain in effect until the earlier of; (i) December 31, 2037, or (ii) the date on
which the Plan has been fiilly implemented and all project costs, tax increment bonds, interest on
such tax increment bonds and all other obligations, contractual or otherwise, payable from the
TIF have been paid in full.
Section 4. To the extent of their respective liabilities, the City and the County shall be
responsible for the sole negligent acts of their officers, agents, employees or separate contractors.
In the event of joint and concurrent negligence of both the City and the County, responsibility, if
any, shall be apportioned comparatively in accordance with the laws of the State of Texas,
without however, waiving any governmental immunity available to the City and the ��unty
under Texas law and without waiving any defenses of the parties under Texas law.
Section 5. This Agreement shall be administered by the City Manager or his designee.
Section 6. Whenever this Agreement requires or permits any consent, approval, notice,
request, proposal, or demand from one party to another, the consent, approval, notice, request,
proposal, or demand must be in writing to be effective and shall be delivered to the party
intended to receive it at the addresses shown below or to such other addresses as the parties may
request, in writing from time to time:
If intended for the City of Denton, to:
City Manager
City of Denton, Texas
215 E. McKinney
Denton, Texas 76201
City of Denton — TIRZ #2
- Page 4 of 8
If intended for Denton County, to;
County Judge
Denton County, Texas
110 West Hicicory Street, 2°d F�oor
Denton, Texas 76201-4168
Section 7. This Agreement is made subject to the provisions of the Charter and
Ordinances of the City, as amended; the policies of the County; the Texas Constitution, codes,
and statutes; and all other applicable state and federal laws, regulations and requirements, as
amended. Venue shall be exclusively in Denton County, Texas.
Section 8, This Agreement embodies the complete understanding of the City and the
County with respect to the subject matter hereof superceding all oral or written agreements
between the parties relating to all matters herein. The Agreement may be amended, modified, or
supplemented only by an instrument in writing executed by the City and the County.
Section 9. The provisions of this Agreement are severable and the invalidity or
unenfoi�ceability of any provision herein shall not affect the validity or enforceability of any
other provision. It is the intention of the parties that each provision herein shall be construed in a
manner designed to effectuate the purposes of such provision to the maximum extent enforceable
under applicable law.
Section 10. Failure of either party hereto to insist on the strict performance of any of the
covenants or agreements herein contained or to exercise any rights or remedies accruing
hereunder upon default or failure of performance shall not be considered a waiver o� r„c ���ht to
insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation
hereunder or to exercise any right or remedy occurring as a result of any future default or failure
of performanee.
Section ll. No party hereto waives or relinquishes any immunity or defense on behalf of
itself, its trustees, officers, employees or agents as a result of its execution of this Agreement and
performance of the covenants contained herein.
Executed in triplicate this the , day of , 201_, by the City, signing
by and through its City Manager, approved on December _, 2012, and on the 21 st day of
December, 2012, by the County through its duly authorized officials by approval at a duly called
and noticed County Commissioners meeting on December 21, 2012.
CITY OF DENTON, TEXAS
George Campbell, City Manager
City of Denton — TIRZ #2
- Page 5 of 8
ATTEST:
Jennifer Walters, City Secretary
APPROVED AS TO FORM:
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Anita Burgess, City Attorney, Denton,
ATTEST:
Denton County Clerlc
APPROVED AS TO FORM:
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Texas Assist t Di ic ttorr� y, Denton
Cou v, T as � ,'
City of Denton — TIRZ #2 - Page 6 of 8
EXHIBIT A
• Ordinance (see "Ordinance" tab)
City of Denton — TIRZ #2 - Page 7 of 8
\\codad\departments\legal\our documents\ordinances\12\ecodevo westpark tirz.doc
ORDINANCE NO. 2012-366
AN ORDINANCE DESIGNATING AND DESCRIBING THE BOUNDARIES OF A TAX
INCREMENT REINVESTMENT ZONE TWO FOR AN 1NDUSTRIAL DISTRICT OF
DENTON, TEXAS; ESTABLISHING THE DURATION OF THE ZONE; ESTABLISHING A
TAX 1NCREMENT FUND; ESTABLISHING A BOARD OF DIRECTORS FOR THE TAX
INCREMENT REINVESTMENT ZONE; MAKING CERTAIN FINDINGS AND OTHER
MATTERS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas, (the "City"), desires to
promote the development of an industrial area within the City of Denton by the creation of a Tax
Increment Financing Reinvestment Zone, as authorized by the Tax Increment Financing Act,
Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the "Act"); and
WHEREAS, the City has called a public hearing to hear the public comments on the
creation of the proposed Tax Increment Reinvestment Zone and its benefits to the City and the
property in the proposed Tax Increment Reinvestment Zone; and
WHEREAS, notice of such public hearing was published in the Denton Record-
Chronicle, a daily paper of general circulation in the City, such publication date being not later
than seven (7) days prior to the date of the public hearing; and
WHEREAS, such hearing was convened at the time and place mentioned in the published
notice, on the 18h day of December 2012, at 6:30 p.m., in Council Chambers of the City of
Denton, Texas; and
WHEREAS, the City, at such hearing, invited any interested person, or his/her
representative, to appear and spealc for or against the creation of the Tax Increment Reinvestment
Zone ,the duration of the Tax Increment Reinvestment Zone, the boundaries of the proposed Tax
Increment Reinvestment Zone, whether all or part of the territory which is described in Exhibit
"A" attached hereto and depicted on the map attached hereto as Exhibit "B" should be included
in such proposed Tax Increment Reinvestment Zone, the concept of t� increment financing and
the appointment of a board of directors of the proposed Tax Increment Reinvestment Zone; and
WHEREAS, all owners of property located within the proposed Tax Increment
Reinvestment Zone and all other taxing units and other interested persons were given a
reasonable opportunity at such public hearing to protest the creation of the proposed Tax
Increment Reinvestment Zone and\or the inclusion of their property in such; Tax Increment
Reinvestment Zone; and
WHEREAS, the proponents of the Tax Increment Reinvestment Zone offered evidence,
in favor of all of the foregoing matters relating to the creation of the Tax Increment
Reinvestment Zone, and opponents of the Tax Increment Reinvestment Zone were given the
opportunity to appear to contest creation of the zone, after which the hearing was closed; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct.
SECTION 2. The City Council, after conducting such hearing and having heard such
evidence and testimony, has made the following findings and determinations based on the
evidence and testimony presented to it:
a) The public hearing on adoption of the Tax Increment Financing
Reinvestment Zone has been properly called, held and conducted and that
notice of such hearing has been published as required by law
b) Creation of the proposed Tax Increment Reinvestment Zone with
boundaries as described in Exhibits "A" and "B" will result in benefits to
the City, its residents, and property owners, in general, and to the property,
residents and property owners in the Tax Increment Reinvestment Zone.
c) The Tax Increment Reinvestment Zone, as defined in Exhibits "A" and
"B", meets the criteria for the creation of a Tax Increment Financing
Reinvestment Zone set forth in the Act in that:
(i) It is a contiguous geographic area located wholly within the corporate
limits of the City.
(ii) It substantially impairs or arrests the sound growth of the
municipality creating the zone or constitutes an economic or social
liability in its present condition and use because of the presence of:
a. The area has a predominance of defective or inadequate
sidewalks or street layout; and/or
b. Predominately open or undeveloped and, because of obsolete
platting, deterioration of structures or site improvements, or
other factors.
(iii) The proposed project plan includes the use of land in the zone with
access to an industrial rail spur that serves the parlc.
a) That 30 percent or less of the property in the proposed Tax Increment
Financing Reinvestment Zone, excluding property that is publicly owned,
is used for residential purposes, which is defined in the Act as any
property occupied by a house which has less than five living units.
b) The total appraised value of all taxable real property in the proposed Tax
Increment Financing Reinvestment Zone according to the most recent
appraisal rolls of the City, together with the total appraised value of
taxable real property in all other existing Tax Increment Reinvestment
Zones within the City, according to the most recent appraisal rolls of the
City, does not exceed 25 percent of the current total appraised value of
taxable real property in the City and in the industrial districts created by
the City, if any.
c) The improvements in the Tax Increment Reinvestment Zone will
significantly enhance the value of all taxable real property in the Tax
Increment Financing Reinvestment Zone.
Ordinance Desi nQ ating TIF2Z
Citv of Denton, Texas
d) The development or redevelopment of the property in the proposed Tax
Increment Financing Reinvestment Zone will not occur solely through
private investment in the reasonable foreseeable future.
SECTION 3. The City hereby creates a Tax Increment Reinvestment Zone over the area
described in Exhibit "A," attached hereto and depicted in the map attached hereto as Exhibit "B,"
and such Tax Increment Reinvestment Zone shall hereafter be identified as Tax Increment
Reinvestment Zone Number Two, City of Denton, Texas (the "Zone" or "Reinvestment Zone"),
SECTION 4. There is hereby established a board of directors for the Zone that shall
consist of eleven members. The board of directors of T� Increment Reinvestment Zone Number
Two shall be appointed as follows:
a) Nine of the eleven member board shall be appointed by the City Council
as provided here within sixty (60) days of the passage of this ordinance or
within a reasonable time thereafter, All members appointed to the board shall
meet the eligibility requirements set forth in the Act. The governing body of
Denton County, which levies taxes on real property in Tax Increment
Reinvestment Zone Number Two, has the right to appoint a single board
member. Rayzor Investments, LLP the "Developer" has the right to appoint a
single board member.
b) The terms of the board members shall be two-year terms. A board member
may serve no more than three consecutive terms. At the first meeting of the
Board of Directors, the board members will draw lots to establish the
staggering of terms with 5 of the board members serving an initial tern of one
year. The City Council shall designate a member of the board to serve as
chairman of the board of directors, and the board shall elect from its members
a vice chairman and other officers as it sees fit.
c) The board of directors shall make recommendations to the City Council
concerning the administration of the Zone. It shall prepare and adopt a project
plan and Tax Increment Reinvestment Zone financing plan for the Zone and
must submit such plans to the City Council for its approval, The board of
directors shall possess all powers necessary to prepare, implement and
monitor such project plan and financing plan for the Tax Increment
Reinvestment Zone as the City Council considers advisable, including the
submission of an annual report on the status of the Zone. Any powers not
herein delegated to the board of directors are specifically reserved to the City
Council.
SECTION 5. The Zone shall take effect immediately upon passage of this ordinance, and
the termination of the Zone shall occur on December 31, 2036, or at an earlier time designated
by subsequent ordinance of the City Council in the event the City determines that the Zone
should be terminated due to insufficient private investment, accelerated private investment or
other good cause, or at such time as all project costs and tax increment bonds, if any, and the
interest thereon, have been paid in full. The base value within the Zone is established as of
January 2012.
Ordinance Desi n� atin�
Citv of Denton, Texas
SECTION 6. The Tax Increment Base for the Zone, which is the total appraised value of
all taxable real property located in the Zone, is to be determined as of December 31, 2012, the
year in which the Zone was designated a Tax Increment Reinvestment Zone.
SECTION 7. Pursuant to Section 311.013(1) of the Tax Code, the City herby determines
that the following portions of the tax increment produced by the City of Denton shall be paid into
the tax increment fund for the reinvestment zone:
Jurisdiction
City of Denton
Denton County
Years
1-10
11-25
1-10
11-25
2012 Tax Rate
$/$100 Value
0.6897500
0.7197500
0.2828670
0.3128670
% of Tax Rate
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SECTION 8. There is hereby created and established a Tax Increment Fund for the Zone
which may be divided into such subaccounts as may be authorized by subsequent resolution or
ordinance, into which all Tax Increments, less any of the amounts not required to be paid into the
Tax Increment Fund pursuant to the Act, are to be deposited. The Tax Increment Fund and any
subaccounts are to be maintained in an account at the City Treasurer's afiiliated depository bank
of the City and shall be secured in the manner prescribed by law for funds of Texas cities. In
addition, all revenues from the sale of any tax increment bonds and notes hereafter issued by the
City, revenues from the sale of any property acquired as part of the tax increment financing plan
and other revenues to be dedicated to and used in the Zone shall be deposited into such fund or
subaccount from which money will be disbursed to pay project costs for the Zone or to satisfy
the claims of holders of tax increment bonds or notes issued for the Zone,
SECTION 9. If any section, paragraph, clause or provision of this Ordinance shall for
any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such
section, paragraph, clause or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 10. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this 18th day of December 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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MARK A. B 8B UGHS AYOR
Ordinance DesignatinQ TIRZ
City of Denton, Texas
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �
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Ordinance DesienatinQ TIRZ
City of Denton. Texas
EXHIBIT A
CITY OF DENTON
TAX INCREMENT REINVESTMENT ZONE No. 2
BOUNDARY DESCRIPTION
TRACT No.l
BEGINNING at the southwest corner of the 9.27 acre T, Toby, Tract 4 and the north right-of-
way line of Airport Road, the POINT OF BEGINNING;
THENCE, north along the west boundary of the 9.27 acre T. Toby, Tract 4 to its northwest
corner and the southwest boundary of the 41.629 acre T. Toby, Tract 3(Denton Municipal
Airport);
THENCE, northwest along the southwest boundary of the 41.629 acre T. Toby, Tract 3(Denton
Municipal Airport) to its southwest corner and the east right-of-way of Sabre Road;
THENCE, northwesterly along the east right-of-way of Sabre Road and the westerly boundary of
the 41.629 acre T. Toby, Tract 3(Denton Municipal Airport) and the 66.946 acre T. Toby, Tract
2 to the northwest corner of the 66,946 acre T. Toby, Tract 2;
THENCE, east along the north boundary of the 66.946 acre T. Toby, Tract 2 to the southwest
corner of the 148.5803 acre J. Scott, Tract 1;
THENCE, north along the west boundary of the 148.5803 acre J. Scott, Tract 1 to its northwest
corner and the south right-of-way of Jim Christal Road;
THENCE, east along the north boundary of the 148.5803 acre J. Scott, Tract 1 to its northeast
corner and the west right-of-way of Western Blvd.;
THENCE, due east across Western Blvd. to its east right-of-way and the northwest corner of the
20.7207 acre J, Bacon, Tract 1;
THENCE, east along the south right-of-way of Jim Christal Road and the north boundaries of the
20.7207 acre J. Bacon, Tract 1 and the 173.055 acre West Park Addition, Phase 2, Block A, Lot
2a to the southwest corner of the 24,9953 acre B.b.b, Tract 15-17;
THENCE, north along the west boundaries of the 24.9953 acre B.b.b., Tract 15-17, the 39.999
acre B.b.b., Tract 18 and the 10 acre B,b.b, Tract 21a to the northwest corner of the 10 acre
B.b.b, Tract 21a;
THENCE, east and south along the north and east bouridary of the 10 acre B.b.b, Tract 21 a to its
southeast corner and the north boundary of the 39.999 acre B.b.b, Tract 18;
THENCE, east along the north boundary of the 39.999 acre B,b.b., Tract 18 to its northeast
corner and the west boundary of the 43.3069 acre B.b.b, Tract 12-14;
THENCE, north along the west boundaries of the 43.3069 acre B.b.b, Tract 12-14 and the
19.5738 acre B.b.b, Tract 11 to the northwest corner of the 19.5738 acre B.b.b, Tract 11 and the
south right-of-way of US Highway 380;
THENCE, east along the north boundary of the 19.5738 acre B.b,b., Tract 11 and the south right-
of-way of US Highway 380 to the northeast corner of the 19,5738 acre B,b.b, Tract 11;
THENCE, southeasterly along the east boundaries of the 19.5738 acre B.b,b, Tract 11 and the
43.3069 acre B.b,b, Tract 12-14, continuing westerly along the south boundary of the 43.3069
acre B.b.b, Tract 12-14 to its southwest corner and the southeast corner of the 39.999 acre B.b.b,
Tract 18; '
THENCE; west along the south boundary of the 39.999 acre B.b.b, Tract 18 to the northeast
corner of the 24,9953 acre B.b.b., Tract 15-17;
THENCE, south along the east boundary of the 24.9953 acre B.b.b., Tract 15-17 to its southeast
corner and the north right-of-way of Jim Christal Road;
THENCE, easterly along the north right=of-way of Jim Christal Road to the northwest corner of
the 16.3051 acre J. Perry, Tract la;
THENCE, northeasterly, south, east, north and east along the north boundary of the 16.3051 acre
J. Perry, Tract 1 a to its northeast corner;
Thence, south along the east boundary of the 16.3051 acre J. Perry, Tract la to the northwest
corner of the 18.3427 acre E. Puchalshi, Tract 295;
THENCE, east along the north boundary of the 18.3427 acre E. Puchalslci, Tract 295 to its
northeast corner;
THENCE, southeasterly along the east boundaries of the 18.3427 acre E. Puchalski, Tract 295
and the 10.347 acre E. Puchalslci, Tract 295a to its southeast corner and the northeast corner of
the 31.0 acre E. Puchalslci, Tract 296;
THENCE, southeasterly, west and south along the east boundary of the 31.0 acre E. Puchalski,
Tract 296 to its southeast corner and the north boundary of the north part of the 31.305 acre E.
Puchalski, Tracts 527, 528, and 529;
THENCE, east along the north boundary of the north part of the 31.305 acre E, Puchalski, Tracts
527, 528, and 529 to its northeast corner;
Thence, southwesterly along the east boundary and west along the south boundary of the north
part of the 31.305 acre E. Puchalski, Tracts 527, 528, and 529 to the east right-of-way of
Precision Road;
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THENCE, west across Precision Road to its west right-of-way and the southeast corner of the
173.055 acre West Park Addition, Phase 2, Block A, Lot 2a;
THENCE, west along the south boundary of the 173.055 acre West Park Addition, Phase 2,
Block A, Lot 2a to the northeast corner of the 5.922 acre West Park Addition, Phase 2, Block A,
Lot 3;
THENCE, south and west along the east and south boundary of the 5.922 acre West Park
Addition, Phase 2, Block A, Lot 3, continuing west along the south boundary of the 6.889 acre
R. D. Wells Interchange, Block l, Lot 1(City of Denton) to the east boundary of the 173.055
acre West Park Addition, Phase 2, Block A, Lot 2a;
THENCE, south along the east boundary of the 173.055 acre West Park Addition, Phase 2,
Block A, Lot 2a to its southeast corner and the north right-of-way of Airport Road;
THENCE, west along the north right-of-way of Airport Road and the south boundary of the
173.055 acre West Park Addition, Phase 2, Block A, Lot 2a to its southwest corner and the east
right-of-way of Western Blvd.;
THENCE, west across Western Blvd. to its west right-of-way and the southeast corner of the
66.946 acre T, Toby, Tract 2;
THENCE, west along the north right-of-way of Airport Road and the south boundaries of the
66.946 acre T. Toby, Tract 2, the 41.629 acre T. Toby, Tract 3(Denton Municipal Airport) and
the 9.27 acre T. Toby, Tract 4 and the POINT OF BEGINNING.
TRACT No. 2
The entire south part of the 31.305 acre E. Puchalski; Tract 527, 528, and 529.
TRACT No.l and TRACT No. 2 contain a total of approximately 848.8 acres of which
approximately 48.5 acres are municipally owned.
3
,
Exhibit B: Westpark TIRZ
JIM CHRISTAL
AIRP RT
This map is a graphic representation prepared by the City of
Denton and is intended for use only as a reference. Data
depicted is not guaranteed for accuracy and may be subject
to revision at any time without notification. A Registered
Surveyor for the State of Texas was not consulted. For
Survey level accuracy, supervision and certification of the
produced data by a Registered Professional Land Surveyor
for the State of Texas would need to be pertormed.
0 412.5825 1,650 2,475 3,300
Feet
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Property Description
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EXHIBIT B
• Project Plan (see "Project Plan" tab)
• Finance Plan (see "Finance Plan" tab)
City of Denton — TIRZ #2 - Page 8 of 8
PROJECT PLAN — DE1�iTON TIRZ NO. 2 PRELIMINARY
PROJECT PLAN
October 2012
Tax Increment Reinvestment Zone No. 2
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SCHRADER & CLINE, LLC
George R. Schrader Larry D. Cline
4800 Broadway, Ste A Addison, TX 75001
972-661-1973 schcli(�a,swbell.net
� PROJECT PLAN — DENTON TIRZ NO. 2 PRELIMINARY
Oetober 2012
The City of Denton, Texas proposes to establish a Tax Increment Reinvestment Zone
("TIRZ") for the purpose of dedicating the increase in tax revenue generated within the TIRZ to
provide funds for public infrastructure to encourage accelerated development in the largest
industrially zoned area within the City. The TIRZ consists of approximately 800 acres and is
more fully described in Project Plan Exhibit A.
The City is creating this TIRZ to encourage accelerated development in this area of the
City in an effoi�t to stimulate new higher value, industrial development which would benefit and
be incentivized from the proposed public infrastructure improvements. It is expected that the
TIRZ will exist for twenty (25) years or the date when all project costs are paid, whichever
comes iirst.
As set forth in Section 311.011 of the Tax Increment Financing Act of the Texas Tax Code
Ann., the Project Plan for Tax Increment Reinvestment Zone No. 2, Denton, Texas must and
does include the following elements:
l. A map showing existing uses and conditions of real property in the TIRZ and a map
showing proposed improvements to and proposed use of the property.
■ The boundaries of the TIRZ are shown on the map labeled Project Plan Exhibit: B;
■ Project Plan Exhibit.• C shows existing land use within the TIRZ. Currently, the
area is an industrial parlc that is generally undeveloped. Residential and multi-
family development are not included in the list of eligible projects and TIRZ
funds will not be used to reimburse the costs associated with any residential or
multi-family development.
■ Project Plan Exhibit: DI lists and defines the public improvements being
proposed for the TIRZ;
■ Project Plan Exhibit: D2 illustrates the major public improvements being
proposed in the TIRZ.
■ Project Plan Exhibit.• E shows anticipated Future Land Use within the TIRZ.
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PROJECT PLAN — DENTON TIRZ NO. 2 PRELIMINARY
2. Proposed changes of zoning ordinances, the master plan of the municipal�ty, building
codes, and other municipal ordinances.
■ Any changes to codes, ordinances, or master plan as a result of the creation of
the TIRZ will be made through the standard process and procedures of the
City.
3. A list of estimated non-project costs.
■ Non-project costs within the TIRZ are those infrastructure costs not paid for
by the TIRZ. These costs will include, but are not limited to streets, utilities
and drainage associated with residential and multi-family development.
4. A statement of a method of relocating persons to be displaced as a result of
implementing the plan.
■ Although not anticipated, in the process of developing the TIRZ, any
relocation will be made through the standard process and procedures of the
City.
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PROJ�CT PLAN — DENTON TIRZ NO. 2 PRELIMIPtAR�'
EXHIBIT A
i1' 1• �' ' 1 1''
TRACT No.l
BEGINNING at the southwest corner of the 9.27 acre T. Toby, Tract 4 and the north right-of-
way line of Airport Road, the POINT OF BEGINNING;
THENCE, north along the west boundary of the 9.27 acre T. Toby, Tract 4 to its northwest
corner and the southwest boundary of the 41.629 acre T. Toby, Tract 3(Denton Municipal
Airpor-t);
THENCE, noi-thwest along the southwest boundary of the 41.629 acre T. Toby, Tract 3(Denton
Municipal Airport) to its southwest corner and the east right-of-way of Sabre Road;
THENCE, northwesterly along the east right-of-way of Sabre Road and the westerly boundary of
the 41.629 acre T. Toby, Tract 3(Denton Municipal Airport) and the 66.946 acre T. Toby, Tract
2 to the northwest corner of the 66.946 acre T. Toby, Tract 2;
THENCE, east along the north boundary of the 66.946 acre T. Toby, Tract 2 to the southwest
corner of the 148.5803 acre J. Scott, Tract 1;
THENCE, noi�th along the west boundary of the 148.5803 acre J. Scott, Tract 1 to its northwest
corner and the south right-of-way of Jim Christal Road;
THENCE, east along the north boundary of the 148.5803 acre J. Scott, Tract 1 to its northeast
corner and the west right-of-way of Western Blvd.;
THENCE, due east across Western Blvd. to its east right-of-way and the noi�thwest corner of the
20.7207 acre J. Bacon, Tract 1;
THENCE, east along the south right-of-way of Jim Christal Road and the north boundaries of the
20.7207 acre J. Bacon, Tract 1 and the 173.055 acre West Park Addition, Phase 2, Block A, Lot
2a to the southwest corner of the 24.9953 acre B.b.b, Tract 15-17;
THENCE, north along the west boundaries of the 24.9953 acre B.b.b., Tract 15-17, the 39.999
acre B.b.b., Tract 18 and the 10 acre B.b.b, Tract 21a to the northwest corner of the 10 acre
B.b.b, Tract 21a;
THENCE, east and south along the noi�th and east boundary of the 10 acre B.b.b, Tract 21 a to its
southeast corner and the north boundary of the 39.999 acre B.b.b, Tract 18;
THENCE, east along the north boundary of the 39.999 acre B.b.b., Tract 18 to its northeast
corner and the west boundary of the 43.3069 acre B.b.b, Tract 12-14;
THENCE, north along the west boundaries of the 43.3069 acre B.b.b, Tract 12-14 and the
19.5738 acre B.b.b, Tract 11 to the northwest corner of the 19.5738 acre B.b.b, Tract 11 and the
south right-of-way of US Highway 380;
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PROJECT PLAN — DENTON TIRZ NO. 2 PRELIMINARY
THENCE, east along the north boundary of the 19.5738 acre B.b.b., Tract 11 and the south right-
of-way of US Highway 380 to the northeast corner of the 19.5738 acre B.b.b, Tract 11;
THENCE, southeasterly along the east boundaries of the 19.5738 acre B.b.b, Tract 11 and the
43.3069 acre B.b.b, Tract 12-14, continuing westerly along the south boundary of the 43.3069
acre B.b.b, Tract 12-14 to its southwest corner and the southeast corner of the 39.999 acre B.b.b,
Tract 18;
THENCE; west along the south boundary of the 39.999 acre B.b.b, Tract 18 to the northeast
corner of the 24.9953 acre B.b.b., Tract 15-17;
THENCE, south along the east boundary of the 24.9953 acre B.b.b., Tract 15-17 to its southeast
corner and the north right-of-way of Jim Christal Road;
THENCE, easterly along the north right-of-way of Jim Christal Road to the northwest corner of
the 16.3051 acre J. Perry, Tract la;
THENCE, northeasterly, south, east, north and east along the north boundary of the 16.3051 acre
J. Per�y, Tract la to its northeast corner;
Thence, south along the east boundary of the 16.3051 acre J. Pei�ry, Tract la to the northwest
corner of the 18.3427 acre E. Puchalshi, Tract 295;
THENCE, east along the north boundary of the 18.3427 acre E. Puchalski, Tract 295 to its
northeast corner;
THENCE, southeasterly along the east boundaries of the 18.3427 acre E. Puchalslci, Tract 295
and the 10.347 acre E. Puchalski, Tract 295a to its southeast corner and the northeast corner of
the 31.0 acre E. Puchalslci, Tract 296;
THENCE, southeasterly, west and south along the east boundary of the 31.0 acre E. Puchalslci,
Tract 296 to its southeast corner and the noi�th boundary of the north part of the 31.305 acre E.
Puchalslci, Tracts 527, 528, and 529;
THENCE, east along the north boundary of the north part of the 31.305 acre E. Puchalski, Tracts
527, 528, and 529 to its northeast corner;
Thence, southwesterly along the east boundary and west along the south boundary of the north
part of the 31.305 acre E. Puchalski, Tracts 527, 528, and 529 to the east right-of-way of
Precision Road;
THENCE, west across Precision Road to its west right-of-way and the southeast corner of the
173.055 acre West Park Addition, Phase 2, Blocic A, Lot 2a;
THENCE, west along the south boundary of the 173.055 acre West Park Addition, Phase 2,
Block A, Lot 2a to the northeast corner of the 5.922 acre West Park Addition, Phase 2, Block A,
Lot 3;
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PROJECT PI,AN — DENTON TIRZ 1�10. 2 PRELIMINARY
THENCE, south and west along the east and south boundary of the 5.922 acre West Park
Addition, Phase 2, Blocic A, Lot 3, continuing west along the south boundary of the 6.889 acre
R. D. Wells Interchange, Blocic l, Lot 1(City of Denton) to the east boundary of the 173.055
acre West Park Addition, Phase 2, Block A, Lot 2a;
THENCE, south along the east boundary of the 173.055 acre West Parlc Addition, Phase 2,
Block A, Lot 2a to its southeast corner and the north right-of-way of Airport Road;
THENCE, west along the north right-of-way of Airport Road and the south boundary of the
173.055 acre West Park Addition, Phase 2, Blocic A, Lot 2a to its southwest corner and the east
right-of-way of Western Blvd.;
THENCE, west across Western Blvd. to its west right-of-way and the southeast corner of the
66.946 acre T. Toby, Tract 2;
THENCE, west along the noi�th right-of-way of Airpoi�t Road and the south boundaries of the
66.946 acre T. Toby, Tract 2, the 41.629 acre T. Toby, Tract 3(Denton Municipal Airport) and
the 9.27 acre T. Toby, Tract 4 and the POINT OF BEGINNING.
TRACT No. 2
The entire south part of the 31.305 acre E. Puchalski; Tract 527, 528, and 529.
TRACT No.l and TRACT No. 2 contain a total of approximately 848.8 acres of which
approximately 48.5 acres are municipally owned.
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PROJECT PLAI�T - DENTON TIRZ NO. 2 PRELIMINARY
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Exhibit B: Westpark TIRZ
This map is a graphic representation prepared by the City of
Denton and is intended for use only as a reference. Data
depicted is not guaranteed for accuracy and may be subject
to revision at any time without notification. A Registered
Surveyor for the State of Texas was not consulted. For
Survey level accuracy, supervision and certification of the
produced data by a Registered Professional Land Surveyor
for the State of Texas would need to be pertormed.
0 412.5825 1,650 2,475 3,300
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EXHIBIT C
Existing Land Use
Exhibit C: Westpark TIRZ Existing Land Use
This map is a graphic representation prepared by the City of
Denton and is intended for use only as a reference. Data
depicted is not guaranteed for accuracy and may be subject
to revision at any time without notification. A Registered
Surveyor for the State of Texas was not consulted. For
Survey level accuracy, supervision and certification of the
produced data by a Registered Professional Land Surveyor
for the State of Texas would need to be performed.
0 412.5825 1,650 2,475 3,300
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EXHIBIT D1
Project Plan
PROJECT ESTIMATED COST $M
Street Improvements 8.00
Utility / Drainage Improvements 5.00
Support for Industrial Projects 1.28
TOTAL 14.28
Project Definitions
Street Improvements: include the construction and reconstruction of paving improvements
capable of handling heavy truck traffic and that provide common turning radius for semi trailers
and may consist of, but are not limited to, primary and secondary major arterial thoroughfares
and collector streets that will provide improved access within the industrial parlc, to State
highways, and Interstate 3 5.
Utilities and Drainage Improvements: includes the extension of water and wastewater lines along
the right-of-ways of the streets within the District. Water and wastewater lines will be built to
adequately accommodate the District at build-out and its anticipated industrial users.
A number of properties in the district are situated in the floodplain. Adequate stormwater
drainage will be built to accommodate the maximum use of the land and comply with the
drainage standards in the Denton Development Code.
Industrial Projects: may include grants, loans and services for public and private development.
Eligible TIRZ project costs are not limited to public uses and may also include projects that
stimulate economic development. Chapter 380 of the Local Government Code grants
municipalities in Texas the authority to offer grants and loans of public funds to stimulate
economic development.
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Project Plan Projects
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EXHIBIT D2
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This map is a graphic representation prepared by the City of
Denton and is intended for use only as a reference. Data TIRZ Bou�dary
depicted is not guaranteed for accuracy and may be subject
to revision at any time without notification. A Registered �— J Future Road or Planned Expansion
Surveyor for the State of Texas was not consufted. For `
Survey level accuracy, supervision and certification of th � Existing Rd. not to Standards
produced data by a Registered Professional Land Surveyor ,.__.
for the State of Texas would need to be pertormed.
0 445 890 1,780 2,670 3,560 � Proposed Improvements v�NTON
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PROJECT PLAN — DENTON TIRZ NO. 2 PRELIMINARY
Future Land Use
Exhibit E: Westpark TIRZ Future Land Use
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This map is a graphic representation prepared by the City of
Denton and is intended for use only as a reference. Data
depicted is not guaranteed for accuracy and may be subject
to revision at any time without notification. A Registered
Surveyor for the State of Texas was not consulted. For
Survey level accuracy, supervision and certification of the
produced data by a Registered Professional Land Surveyor
for the State of Texas would need to be performed.
0 412.5825 1,650 2,475 3,300
Feet
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EXHIBIT E
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Property Description
Industrial Center Employment
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D�ENTON
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FINANCE PLAN
October 2012
Tax Increment Reinvestment Zone No. 2�
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SCHRADER & CLINE, LLC
George R. Schrader Larry D. Cline
4800 Broadway, Ste A Addison, TX 75001
972-661-1973 schcli(a�swbell.net
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The Financing Plan provides information on the projected monetary impact that the
formation of the Tax Increment Reinvestment Zone (TIRZ) could have on the property described
in Finance Plan Exhibit: A and shown in Finance Plan Exhibit: B. It will also describe how that
impact can be utilized to enhance the area and region through leveraging the resources of each
entity that participates in the project.
Below is a summarv of the Financing Plan items required bv law.
1. The proposed public improvements in the TIRZ may include:
• Capital costs, including the actual costs of the construction of public worlcs,
public improvements, new buildings, structures, and fixtures; and the actual
costs of the acquisition of land and the clearing and grading of land;
• Financing costs, including all interest paid to holders of evidences of
indebtedness or other obligations issued to pay for project costs and any
premium paid over the principal amount of the obligations because of the
redemption of the obligations before maturity;
• Any real property assembly costs;
• Professional service costs, including those incurred for architectural, planning,
engineering, and legal advise and services;
• Any relocation costs;
• Organizational costs, including costs of conducting environmental impact
studies or other studies, the cost of publicizing the creation of the TIRZ, and
the cost of implementing the project plan for the TIRZ;
• Interest before and during construction and for one year after completion of
constiuction, whether or not capitalized;
• The amount of any contributions made by the municipality from general
revenue for the implementation of the project plan;
• Imputed administrative costs, including reasonable charges for the time spent
by employees of the municipality in connection with the implementation of a
project plan;
• The cost of operating the TIRZ and project facilities; and
• Payments made at the discretion of the governing body of the municipality
that the municipality finds necessary or convenient to the creation of the TIRZ
or to the implementation of the project plans for the TIRZ.
FINANCE PLAN — DENTON 'TIRZ NO. 2 PRELIMINARY
The specific capital improvement projects anticipated to be undertaken in the Denton
TIRZ No. 2, are included in Finance Plan Exlzibit: C.
2. Estimated Project Cost of TIRZ, including administrative expenses.
• Project costs are estimated at approximately $14.75million dollars. Specific
cost estimates are included in Finance Plan Exhibit.� C.
3. Economic Feasibility Study.
• An economic feasibility
Finance Plan Exhibit: D.
analysis has been completed and is included as
4. The estimated amount of bonded indebtedness to be incurred.
Initial project costs are to be advanced by a Developer. The City of Denton
may consider issuing bonds when tax increment funds exceed the amount
necessary to support debt service to reimburse the Developer.
5. The time when related costs or monetary obligations are to be incurred.
• Please refer to Finance Plan Exhibit: C for details regarding the type of
improvement costs anticipated. The Developer intends to begin construction
of the projects in 2013, with a completion date of 2013 or 2014. Annual TIRZ
reimbursement payments will be provided to the Developer once the
minimum improvements are completed.
6. A description of the methods of �nancing all estimated project costs and the
expected sources of revenue to �nance or pay project costs including the
percentage of tax increment to be derived from the property taxes of each
taxing unit on real property in the TIRZ.
• Project costs will be financed through loans advanced by developers or by the
use of tax increment funds received on a pay-as-you-go basis. No new debt is
envisioned at the beginning of the TIRZ term, but bonds may be issued at a
later date when adequate tax increment has been created to the support debt
service. The revenue sources will be the real property taxes captured by the
TIRZ, which will account for 100% of revenues used to fund project costs or
bond debt service. For the Financial Plan, the City and Denton County will
participate at a rate of 40% for twenty-five (25) years.
'7. The current total appraised value of taxable real property in the TIRZ.
• The current appraised base value of the taxable real pi�operty in the TIRZ
using the 2012 certiiied values provided by the Denton Central Appraisal
District is $ 119,458.
8. The estimated appraised value of the improvements in the TIRZ during each
year of its existence.
• The estimated appraised value of the improvements in the TIRZ per year is
listed in the following FINANCE PLAN TABLE 1.
FINANCE PLAN - DENTON TIRZ NO. 2 PRELIMINARY
TABLE 1
Assessed Real Property Value
Including Anticipated New Development
Years 2012-2037
TOTAL TOTAL TOTAL
YEAR DEVELOP- LAND ANNUAL CUMULATIVE ROLLBACK CUMULATIVE
MENT . VALUATION VALUATION ROLLBACK
2012
2013 $0.72 $0.72 $0.72 $1.44 $2.16
2014 $11.59 $0.72 12.31 13.03 2.16 14.47
2015 11.59 $0.72 12.31 25.34 2.88 27.50
2016 11.59 $0.72 12.31 37.65 3.60 40.53
2017 11.59 $0.72 12.31 49.96 3.60 53.56
2018 11.59 $0.72 12.31 62.27 3.60 65.87
2019 11.59 $0.72 12.31 74.58 3.60 78.18
2020 11.59 $0.72 12.31 86.89 3.60 90.49
2021 11.59 $0.72 12.31 99.20 3.60 102.80
2022 11.59 $0.72 12.31 1ll.51 3.60 115.11
2023 11.59 $0.72 12.31 123.82 3.60 127.42
2024 11.59 $0.72 12.31 136.13 3.60 139.73
2025 11.59 $0.72 12.31 148.44 3.60 152.04
2026 ll.59 $0.72 12.31 160.75 3.60 164.35
2027 11.59 $0.72 12.31 173.06 3.60 176.66
2028 ll.59 $0.72 12.31 185.37 3.60 188.97
2029 11.59 $0.72 12.31 197.68 3.60 201.28
2030 11.59 $0.72 12.31 209.99 3.60 213.59
2031 11.59 $0.72 12.31 222.30 3.60 225.90
2032 11.59 $0.72 12.31 234.61 3.60 238.21
2033 11.59 $0.72 12.31 246.92 3.60 250.52
2034 11.59 $0.72 12.31 259.23 3.60 262.83
2035 11.59 $0.72 12.31 271.54 3.60 275.14
2036 11.59 $0.72 12.31 283.85 3.60 287.45
TOTAL 266.57 $17.28 283.85 $82.08
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FINANCE PLAN - DEI�iTON TIRZ NO. 2 PRELIMINARY
The estimated annual incremental funds available from future development in the TIRZ are listed
in the following table.
TABLE 2
Annual Incremental Funds Provided for TIRZ No. 2
Years 2012-2037
CITY COUNTY TOTAL TIRZ CUMULATIVE
YEAR CONTRIBUTION CONTRIBUTION CONTRIBUTIONS TIRZ
$K $K $K CONTRIBUTIONS
$K
2012
2013
2014 $5.97 $0.82 $6.79 $6.79
2015 41.92 14.75 56,67 63.46
2016 77.87 28.68 106.55 170.01
2017 113.81 42.60 156.41 326.42
2018 147.78 56.53 204.31 530.73
2019 181.74 70.46 252.20 782.93
2020 215.70 84.39 300.09 1,083.02
2021 260.52 108.74 369.26 1,452.28
2022 295.96 124.15 420.11 1,872.39
2023 331.40 139.55 470.95 2,343.34
2024 366.84 154.96 521.80 2,865.14
2025 402.28 170.36 572.64 3,437.78
2026 437.72 185.77 623.49 4,061.27
2027 473.16 201.17 674.33 4,735.60
2028 508.60 216.58 725.18 5,460.78
2029 544.04 231.98 776.02 6,236.80
2030 579.48 247.39 826.87 7,063.67
2031 614.92 262.79 877.71 7,941.38
2032 650.36 278.20 928.56 8,869.94
2033 685.80 293.61 979.41 9,849.35
2034 721.24 309.01 1,030.25 10,879.60
2035 756.68 324.42 1,081.10 11,960.70
2036 792.12 339.82 1,131.94 13,092.64
2037 827.56 355.23 1,182.79 14,275.43
TOTAL $10,033.47 $4,241.96 $14,275.43
2012 TIRZ CONTRIBUTION TAX RATE /$100
VALUATION
Tax Rate / Years 1- 10 Years 11-25
$100 Valuation
City of Denton $0.6897500 $0.2759000 $0.2879000
Denton County $0.2828670 $0.1131468 $0.1251468
FINANCE PLAN — DENTON TIRZ NO. 2 PRELIMINARY
9. The duration of the TIRZ:
• The TIRZ was created in 2012. It is proposed that the TIRZ exist for twenty-five
(25) years with termination of the TIRZ set as 2038 or the date when all project
costs are paid and any debt is retired, whichever comes first.
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FINANCE PLAN — DENTON TIRZ NO. 2 PRELIMINARY
EXHIBIT A
Boundary Description
TRACT No.l
BEGINNING at the southwest corner of the 9.27 acre T. Toby, Tract 4 and the north right-of-
way line of Aiiport Road, the POINT OF BEGINNING;
THENCE, noi�th along the west boundary of the 9.27 acre T. Toby, Tract 4 to its northwest
corner and the southwest boundary of the 41.629 acre T. Toby, Tract 3(Denton Municipal
Airport);
THENCE, noi�thwest along the southwest boundary of the 41.629 acre T. Toby, Tract 3(Denton
Municipal Airport) to its southwest corner and the east right-of-way of Sabre Road;
THENCE, northwesterly along the east right-of-way of Sabre Road and the westerly boundary of
the 41.629 acre T. Toby, Tract 3(Denton Municipal Airpoi�t) and the 66.946 acre T. Toby, Tract
2 to the northwest corner of the 66.946 acre T. Toby, Tract 2;
THENCE, east along the north boundary of the 66.946 acre T. Toby, Tract 2 to the southwest
corner of the 148.5803 acre J. Scott, Tract 1;
THENCE, north along the west boundary of the 148.5803 acre J. Scott, Tract 1 to its noi�thwest
corner and the south right-of-way of Jim Christal Road;
THENCE, east along the north boundary of the 148.5803 acre J. Scott, Tract 1 to its northeast
corner and the west right-of-way of Western Blvd.;
THENCE, due east across Western Blvd. to its east right-of-way and the noi�thwest corner of the
20.7207 acre J. Bacon, Tract 1;
THENCE, east along the south right-of-way of Jim Christal Road and the north boundaries of the
20.7207 acre J. Bacon, Tract 1 and the 173.055 acre West Park Addition, Phase 2, Block A, Lot
2a to the southwest corner of the 24.9953 acre B.b.b, Tract 15-17;
THENCE, noi�th along the west boundaries of the 24.9953 acre B.b.b., Tract 15-17, the 39.999
acre B.b.b., Tract 18 and the 10 acre B.b.b, Tract 21a to the northwest corner of the 10 acre
B.b.b, Tract 21a;
THENCE, east and south along the north and east boundary of the 10 acre B.b.b, Tract 21 a to its
southeast corner and the north boundary of the 39.999 acre B.b.b, Tract 18;
THENCE, east along the north boundary of the 39.999 acre B.b.b., Tract 18 to its northeast
corner and the west boundary of the 43.3069 acre B.b.b, Tract 12-14;
THENCE, north along the west boundaries of the 43.3069 acre B.b.b, Tract 12-14 and the
19.5738 acre B.b.b, Tract 11 to the northwest corner of the 19.5738 acre B.b.b, Tract 11 and the
south right-of-way of US Highway 380;
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FINAI+ICE PLAl�T — DENTON TIRZ NO. 2 PRELIMINAI2Y
THENCE, east along the north boundary of the 19.5738 acre B.b.b., Tract 11 and the south right-
of-way of US Highway 380 to the northeast corner of the 19.5738 acre B.b.b, Tract 1 l;
THENCE, southeasterly along the east boundaries of the 19.5738 acre B.b.b, Tract 11 and the
43.3069 acre B.b.b, Tract 12-14, continuing westerly along the south boundary of the 43.3069
acre B.b.b, Tract 12-14 to its southwest corner and the southeast corner of the 39.999 acre B.b.b,
Tract 18;
THENCE; west along the south boundary of the 39.999 acre B.b.b, Tract 18 to the northeast
corner of the 24.9953 acre B.b.b., Tract 15-17;
THENCE, south along the east boundary of the 24.9953 acre B.b.b., Tract 15-17 to its southeast
corner and the north right-of-way of Jim Christal Road;
THENCE, easterly along the nor-th right-of-way of Jim Christal Road to the northwest corner of
the 16.3051 acre J. Pei�ry, Tract la;
THENCE, northeasterly, south, east, north and east along the north boundary of the 16.3051 acre
J. Perry, Tract la to its northeast corner;
Thence, south along the east boundary of the 16.3051 acre J. Perry, Tract la to the northwest
corner of the 18.3427 acre E. Puchalshi, Tract 295;
THENCE, east along the north boundary of the 18.3427 acre E. Puchalski, Tract 295 to its
northeast corner;
THENCE, southeasterly along the east boundaries of the 18.3427 acre E. Puchalslci, Tract 295
and the 10.347 acre E. Puchalski, Tract 295a to its southeast corner and the northeast corner of
the 31.0 acre E. Puchalslci, Tract 296;
THENCE, southeasterly, west and south along the east boundary of the 31.0 acre E. Puchalski,
Tract 296 to its southeast corner and the north boundary of the north part of the 31.305 acre E.
Puchalski, Tracts 527, 528, and 529;
THENCE, east along the north boundary of the north part of the 31.305 acre E. Puchalski, Tracts
527, 528, and 529 to its northeast corner;
Thence, southwesterly along the east boundary and west along the south boundary of the not�th
part of the 31.305 acre E. Puchalslci, Tracts 527, 528, and 529 to the east right-of-way of
Precision Road;
THENCE, west across Precision Road to its west right-of-way and the southeast corner of the
173.055 acre West Parlc Addition, Phase 2, Block A, Lot 2a;
THENCE, west along the south boundary of the 173.055 acre West Parlc Addition, Phase 2,
Block A, Lot 2a to the northeast corner of the 5.922 acre West Park Addition, Phase 2, Block A,
Lot 3;
:
,
FINANCE PLAl�i — DENTON TIRZ NO. 2 PRELIIVIINARY
THENCE, south and west along the east and south boundary of the 5.922 acre West Park
Addition, Phase 2, Blocic A, Lot 3, continuing west along the south boundary of the 6.889 acre
R. D. Wells Interchange, Block 1, Lot 1(City of Denton) to the east boundary of the 173.055
acre West Parlc Addition, Phase 2, Block A, Lot 2a;
THENCE, south along the east boundary of the 173.055 acre West Parlc Addition, Phase 2,
Block A, Lot 2a to its southeast corner and the north right-of-way of Airport Road;
THENCE, west along the north right-of-way of Airport Road and the south boundary of the
173.055 acre West Park Addition, Phase 2, Block A, Lot 2a to its southwest corner and the east
right-of-way of Western Blvd.;
THENCE, west across Western Blvd. to its west right-of-way and the southeast corner of the
66.946 acre T. Toby, Tract 2;
THENCE, west along the north right-of-way of Airport Road and the south boundaries of the
66.946 acre T. Toby, Tract 2, the 41.629 acre T. Toby, Tract 3(Denton Municipal Airport) and
the 9.27 acre T. Toby, Tract 4 and the POINT OF BEGINNING.
TRACT No. 2
The entire south pai�t of the 31.305 acre E. Puchalslci; Tract 527, 528, and 529.
TRACT No.l and TRACT No. 2 contain a total of approximately 848.8 acres of which
approximately 48.5 acres are municipally owned.
0
�
FINANCE PLAN - DENTON TIRZ NO. 2 PRELIMINARY
EXHIBIT B
Property Boundary Map
Exh i bit B: Westpark TI RZ
This map is a graphic representation prepared by the City of
Denton and is intended for use only as a reference. Data
depicted is not guaranteed for accuracy and may be subject
to revision at any time without notification. A Registered
Surveyor for the State of Texas was not consulted. For
Survey Ievel accuracy, supervision and certification of the
produced data by a Registered Professional Land Surveyor
for the State of Texas would need to be pertormed.
0 412.5825 1,650 2,475 3,300
Feet
10
, t' �
. ♦ �� ' ,� .. � ,. � . �� .
Project Plan
EXHIBIT C
PROJECT ESTIMATED COST, $M
Street Improvements $8.0
Utilities and Drainage $5.0
Industrial Projects $1.28
TOTAL $14.28
Project De�nitions
Street Improvements: includes the construction and reconstruction of paving improvements
capable of handling heavy truck traffic and that provide common turning radius for semi trailers
and may consist of, but are not limited to, primary and secondary major arterial thoroughfares
and collector streets that will provide improved access within the industrial park, to State
highways, and Interstate 35.
Utilities and Draina�e: includes the extension of water and wastewater lines along the right-of-
ways of the streets within the District. Water and wastewater lines will be built to adequately
accommodate the District at build-out and its anticipated industrial users.
A number of properties in the district are situated in the floodplain. Adequate stormwater
drainage will be built to accommodate the maximum use of the land and comply with the
drainage standards in the Denton Development Code.
Industrial Projects: may include grants, loans and services for public and private development.
Eligible TIRZ project costs are not limited to public uses and may also include projects that
stimulate economic development. Chapter 380 of the Local Government Code grants
municipalities in Texas the authority to offer grants and loans of public funds to stimulate
economic development.
11
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
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 a 2.486 acre tract situated in the T.M. Downing Survey, Abstract No. 346, located 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
transmission system; authorizing the City Manager or his designee to malce an offer to (1)
CODELA, LLC (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 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. (691cV
Transnussion Line Re-build Project)
BACKGROUND
In accord with the current 691cV Transmission Line Re-build project initiative, staff is
undertalcing the identification of the additional land rights necessary to accommodate the
constniction and operation of the improved electric transnussion and distribution system.
In respect to the tract owned by CODELA LLC, the project requires the fee simple acquisition of
a 2.486 acre tract of land, to accommodate the electric utilities and electric substation
infrastnicture. The 2.486 acre proposed acquisition tract would constitute a partial acquisition
or severance, out of the CODELA LLC overall 18.5 acre parent tract.
The City Council considered and approved an initial offer to purchase the captioned fee simple
land rights on October 2, 2012, for the purchase price of $286,489.00 (Ordinance 2012-264).
That initial offer to purchase land rights was extended to the property owner on October 9, 2012
via certified mail.
Pyles-Whatley Corporation has provided a real estate appraisal report in regard to the CODELA
LLC property tract and the land rights necessary for the Project. Their findings constitute the
present offer to purchase.
Since the time of offer to purchase the fee simple tract was made, there has been on-going
dialogue and correspondence with the property owners; however, there is a variance of beliefs in
respect to the City's appraiser's opinion of value of the affected 2.486 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
CODELA LLC 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.
July 23, 2012 Public Utility Board Executive Session.
August 7, 2012 City Council Executive Session.
September 10, 2012 Public Utility Board Executive Session.
September 11, 2012 City Council Executive Session.
September 24, 2012 Public Utility Board Executive Session.
September 24, 2012 Public Utility Board Consent Agenda. Approved 5-0.
October 2, 2012 City Council Consent Agenda
December 4, 2012 City Council Executive Session
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General
Obligation Bonds which will be paid by Transnussion Revenue received from all other electric
utilities who are members of the Electric Reliability Council of Texas (ERCOT). The purchase
offer price of $286,489.00 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
Prepared by,
� �. -��� �;�,
� v � e �_
Pamela England
Real Estate Specialist
Respectfully subnutted,
�^���� � � � �
�
Phillip Williams
General Manager
Electric Administration
Denton Municipal Electric
EXHIBIT l
LOCATION MAP
:��_
�, , ;
—' .
Denton Municipal Electric Proposed Acquisition
Gerald Vela - 2.486 Acres
200 0 100 200 400 FEET
CITY
��
DENTON
s:\legal\our documents\ordinances\l3\vela final offer.doc
ORDINANCE NO. 2013-
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE FEE SIMPLE TO A 2.486 ACRE TRACT SITUATED 1N THE T.M. DOWNING
SURVEY, ABSTRACT NO. 346, 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 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 TRANSMISSION SYSTEM; AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO MAKE AN OFFER TO (1) CODELA, LLC (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 TWO
HUNDRED EIGHTY SIX THOUSAND FOUR HUNDRED EIGHTY NINE DOLLARS AND
NO CENTS ($286,489.00), AND OTHER CONSIDERATION, AS PRESCRIBED 1N THE
CONTRACT OF SALE (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A
PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City of Denton made an initial offer to the predecessors to Owner to
purchase the Property Interests on October 9, 2012, pursuant to Ordinance No. 2012-264, passed
and approved by the City Council of the City of Denton on October 2, 2012;
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION 1. The City Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Property Interests by the City of
Denton, Texas (the "City"), The City Council hereby finds and determines that the acquisition
of the Property Interests is necessary for public use to expand and improve the Denton Municipal
Electric Distribution and Transmission System to serve the public and the citizens of the City of
Denton, Texas,
SECTION 2. The City Manager, or his designee, is hereby authorized to malce the final
offer to purchase the Property Interests 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.
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 $286,489.00 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) malce 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
applicabie, 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 pot�tions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
v�
By. ��...__ � � �-----�
Page 2
Exhibit "A"
to
Ordinance
Legai Description
BEING all that certain lot, tract or parcel of land situated in the T. M. Downing Survey, Abstract
Number 346, City of Denton, Denton County, Texas, an being part of that certain tract of land
described by deed to George Roland Vela and Emma Lamar Vela, recorded in Volume 3225,
Page 252, 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 with yellow cap stamped "Arthur Surveying Company"
(ASC) set for the southeast corner of said Vela tract and the southwest corner of a tract of land
described by deed to Gary Dennis Dillard and Jaymi Chris Dillard, recorded in Volume 1188,
Page 730, D.R.D.C.T., same point being in the north line of a tract of land described by deed to
Staff Realty, recorded under County Clerlc's File Number 94-6845, Official Public Records,
Denton County, Texas (O.P.R.D.C.T,);
THENCE South 89 degrees 27 minutes 42 seconds West, with the north line of said Staff Realty
tract, a distance of 196.70 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for
corner in the south line of said Vela tract and the north line of said Staff Realty tract;
THENCE North 00 degrees 33 minutes 51 seconds West, over and across said Vela tract, a
distance of 820.88 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set for corner in
the north line of said Vela tract and the south line of Mayhill Road;
THENCE South 72 degrees 32 minutes 25 seconds East, with the south line of Mayhill Road, a
distance of 52.58 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set for the northeast
corner of said Vela tract, same point being in the west line of a tract of land described by deed to
Brian Carter and Brenda Car�ter, recorded under Instrument Number 2010-121541, O.P.R.D.C.T,;
THENCE South 00 degrees 33 minutes 51 seconds East, with the west line of said Cai-ter tract, a
distance of 348.72 feet to a 1 inch iron rod found for an inner ell corner of said Vela tract and the
southwest corner of said Carter tract;
THENCE North 89 degrees 03 minutes 33 seconds East, with the south line of said Carter tract,
a distance of 149.72 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the most
easterly northeast corner of said Vela tract and the southeast corner of said Carter tract, same
point being in the west line of said Dillard tract;
THENCE South 00 degrees 11 minutes 09 seconds East, with the west line of said Dillard tract,
a distance of 456.97 feet to the POINT OF BEGINNING and containing 2.486 acres of land,
more or less.
Page 3
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STATE OF TEXAS §
COUNTY OF DENTON §
EXHIBIT "B"
TO
ORDINANCE
CONTRACT OF SALE
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE
THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT
REGARDING THE CITY OF DENTON'S ACQUISITION OF THE
PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR
AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
This Contract of Sale (the "Contract") is made this day of
, 2013, effective as of the date of execution hereof by Seller, as
defined herein (the `Bffective Date"), by and between CODELA, LLC, a Texas limited
liability company (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, Selier 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
itself, its successors and assigns all oil, gas and other minerals in, on and under and that
may be produced from the Property. 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
s:Uegal\our documents\contracts\l3\vela k of sale.doc
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 ot• 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.
ARTICLE II
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price. The purchase price to be paid to Seller for the Property and the
compensation to Seller for remainder damages to be incurred as a result of the transaction
contemplated by this Contract, is the sum of Two Hundred Eighty Six Thousand Four
Hundred Eighty Nine and No/100 Dollars ($286,489.00) (collectively, the "Purchase
Price").
2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No/100
Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525
South Loop 288 , Suite 125, Denton, Texas, 76205 (the "Title Company"), as escrow
agent, within fourteen (14) calendar days of the Effective Date hereo£ All interest earned
thereon shall become part of the Earnest Money and shall be applied or disposed of in the
same manner as the original Earnest Money deposit, as provided in this Contract, If the
purchase contemplated hereunder is consummated in accordance with the terms and the
provisions hereof, the Earnest Money, together with all interest earned thereon, shall be
applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the
interest accrued thereon, shall be disposed of by the Title Company as provided in this
Contract,
2.03 Independent Contract Consideration. Within fourteen (14) calendar days after
the Effective Date, Buyer shall deliver to the Title Company, payable to and for the
benefit of Seller, a checic in the amount of One Hundred and No/100 Dollars ($100,00�
(the "Independent Contract Consideration"), which amount the parties hereby
Contract of Sale
Page 2
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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
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 shali
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 lcind. 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
Contract of Sale
Page 3
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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, 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, or any extension thereof as agreed to by Buyer, 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.
Contract of Sale
Page 4
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Notwithstanding the enumeration of the following exceptions, amendments and/or
deletions, Buyer may object to any Exception it deems material, in its sole discretion.
ARTICLE IV
FEASIBILITY REVIEW PERIOD
4.01 Review Period. Any term or provision of this Contract notwithstanding, the
obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having
determined, in Buyer's sole and absolute discretion, during the period commencing with
the Effective Date of this Contract and ending ninety (90) calendar days thereafter (the
"Absolute Review Period"), based on such tests, examinations, studies, investigations and
inspections of the Property the Buyer deems necessary or desirable, including but not
limited to studies or inspections to determine the existence of any environmental hazards
or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for
Buyer's purposes. Buyer is granted the right to conduct engineering studies of the
Property, and to conduct a physical inspection of the Property, including inspections that
invade the surface and subsurface of the Property. If Buyer determines, in its sole
judgment, that the Property is not suitable, for any reason, for Buyer's intended use or
purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as
reasonably practicable, but in any event prior to the expiration of the Absolute Review
Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor
Seller shall have any further duties or obligations hereunder. In the event Buyer elects to
terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will
provide to Seller copies of (i) any and all non-confidential and non-privileged reports and
studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey.
ARTICLE V
REPRESENTATIONS, WARRANTIES, COVENANTS AND
AGREEMENTS
5.01 Representations and Warranties of Seller. To induce Buyer to enter into this
Contract and consummate the sale and purchase of the Property in accordance with the
terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective
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
in the Leases, as defined in Article V, Section 5.02(a).
(c) The Seller has good and indefeasible fee simple title to the Property, subject only
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to the Permitted Exceptions.
(d) The Seller has the full right, power, and authority to sell and convey the Property
as provided in this Contract and to carry out Seller's obligations hereunder.
(e) The Seller has not received notice of, and has no other 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.
(f� The Seller has disclosed to Buyer in writing of any and all facts and
circumstances relating to the physical condition of the Propei�ty that may
materially and adversely affect the Property and operation or intended operation
thereof, or any portion thereof, of which Seller has lcnowledge.
(g) The Seller has paid all real estate and personal property taxes, assessments,
excises, and levies that are presently due, if any, which are against or are related
to the Property, or will be due as of the Closing, and the Property will be subject
to no such liens.
(h) Seller has not contracted or entered into any agreement with any real estate
brolcer, agent, finder, or any other party in connection with this transaction or
talcen any action which would result in any real estate brolcer 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 lcnowledge, there has not occurred the disposal or release
of any Hazardous Substance to, on or from the Property,
As used in this Contract, "Hazardous Substance" means and includes all
hazardous and toxic substances, waste or materials, chemicals, and any pollutant
or contaminant, including without limitation, PCB's, asbestos, asbestos-
containing material, petroleum products and raw materials, that are included
under or regulated by any Environmental Law or that would or may pose a health,
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.
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(j) All Leases, as defined in Article V, Section 5.02(a), shall have expired or
otherwise terminated and 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,
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
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 pat-t
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 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 orai 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 talce, any action that would result in a violation of the
representations, warranties, covenants, and agreements of Seller,
(iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or
to the Property, or create, grant or permit to be attached or perfected, any
lien, encumbrance, or charge thereon.
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(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.
(d) Selier consents to Buyer applying for any zoning amendments, permit
applications, including without limitation, specific use permits, and/or pursuing
any other activity deemed necessary by Buyer to obtain all local regulatory
approvals and consents to operate the Property as an electric substation and
electric transmission facility (the "Permitting Activities"). Seller covenants and
agrees to timely execute and deliver any applications and/or other documents, as
owner of the Property, deemed necessary by the Buyer related to the Permitting
Activities.
(e) Seller stipulates and agrees that the payment of the Purchase Price at Closing
constitutes and includes all compensation due Seller by Buyer related to the
transaction contemplated by this Contract, including without limitation, any
damage to or diminution in the value of the remainder of Seller's property caused
by, incident to, or related to the Buyer's use of the Property after Closing and/or
interference with Seller's activities on other property interests of Seller, caused by
or related to lawful activities on the Property by Buyer after Closing, whether
accruing now or hereafter, and Seller hereby releases for itself, its successors and
assigns, City, it's officers, employees, elected officials, agents and contractors
from and against any and all claims they may have now or in the future, related to
the herein described matters, events and/or damages.
5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in
this Contract, the representations, warranties, covenants and agreements of Seller
contained in this Contract shall survive the Closing, and shall not, in any circumstance,
be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a).
ARTICLE VI
CONDITIONS PRECEDENT TO PERFORMANCE
6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under
this Contract unless, within the designated time periods, all of the following shall have
occurred:
(a) Seller has performed, furnished, or caused to be furnished to Buyer ail items
required to be so performed or furnished under other sections of this Contract; and
(b) Seller cures or Buyer waives in writing, within the time periods specified in
Article III, all of Buyer's objections made in accordance with Article III.
6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements.
Buyer is not obligated to perform under this Contract unless all representations,
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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 by an entity other than
Buyer, or is the subject of condemnation, eminent domain, or other material proceeding
initiated by an entity other than Buyer, or the Property, or any part thereof, has been
materially or adversely impaired in any manner.
6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer
delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined
that the Property is unsuitable to or for Buyer's purposes.
6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything
contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive
any of the conditions precedent to the performance of Buyer's obligations under this
Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying
the waived condition precedent.
6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any
of the conditions precedent to the performance of Buyer's obligations under this Contract
have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving
written notice to 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, promptiy 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 fui�ther 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
ofiices 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 ninety (90) 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:
(i) The Title Policy, in the form specified in Article III, Section 3.05;
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(ii) The Special Warranty Deed, substantially in the form as attached hereto as
Exhibit "B", subj ect 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:
(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;
(ii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in
this Contract and without limiting the general application of the provisions of Section
5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing.
The following item shall be adjusted or prorated between Seller and Buyer with respect to
the Property:
(a) Ad valorem taxes relating to the Property for the calendar year in which the
Closing shall occur shall be prorated between Seller and Buyer as of the Closing
Date, If the actual amount of taxes for the calendar year in which the Closing
shall occur is not lcnown as of the Closing Date, the proration at Closing shall be
based on the amount of taxes due and payable with respect to the Property for the
preceding calendar year. As soon as the amount of taxes levied against the
Propei�ty 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
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such costs or expenses associated with closing the transaction contemplated by this
Contract are not identified herein, such costs or expenses shall be allocated between the
parties in the customary manner for closings of real property similar to the Property in
Denton County, Texas.
ARTICLE VIII
DEFAULTS AND REMEDIES
8.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any
one or more of the following events:
(i) Any of Seller's warranties or representations contained in this Contract are
untrue on the Closing Date; or
(ii) Seller fails to meet, comply with or perform any covenant, agreement,
condition precedent or obligation on Seller's part required within the time
limits and in the manner required in this Contract; or
(iii) Seller fails to deliver at Closing, the items specified in Article VII,
Section 7.02(a) of this Contract for any reason other than a default by
Buyer or termination of this Contract by Buyer pursuant to the terms
hereof prior to Closing.
(b) Buyer's Remedies, If Seller is in default under this Contract, Buyer as Buyer's
remedies for the default, may, at Buyer's sole option, do 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 titie; and
(iii) Seelc other recourse or relief as may be available to Buyer at or by law,
equity, contract or otherwise,
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8.02 Buyer's Default and Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver
at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for
any reason other than a default by Seller under this Contract or termination of this
Contract by Buyer pursuant to the terms hereof prior to Closing,
(b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's
sole and exclusive remedy for the default, may, at Seller's sole option, do either
one of the following:
(i) Terminate this Contract by written notice delivered to Buyer in which
event the Seller shall be entitled to a return of the Earnest Money, and
Buyer shall, promptly on written request from Seller, execute and deliver
any documents necessary to cause the Title Company to return to Seller
the Earnest Money; or
(ii) Enforce specific performance of this Contract against Buyer,
ARTICLE IX
MISCELLANEOUS
9.01 Notice, All notices, demands, requests, and other communications required
hereunder shall be in writing, delivered, unless expressly provided otherwise in this
Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be
deemed to be delivered and received, upon the earlier to occur of (a) the date provided if
provided by telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a
regularly maintained receptacle for the United States Mail, registered or certiiied, return
receipt requested, postage prepaid, addressed as follows:
SELLER: BUYER:
CODELA, LLC City of Denton
Paul Williamson
Real Estate and Capital Support
Telecopy 901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
Conri�act of Sale
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Copies to:
For Seller;
Telecopy:
For Bu.�
Richard Casner
First Assistant City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
9.02 Governing Law and Venue. This Contract is being executed and delivered and
is intended to be performed in the State of Texas, the laws of Texas governing the
validity, construction, enforcement and interpretation of this Contract. THIS
CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY
ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE 1N DENTON
COUNTY, TEXAS,
9.03 Entirety and Amendments. This Contract embodies the entire agreement
between the parties and supersedes all prior agreements and understandings, if any,
related to the Property, and may be amended or supplemented only in writing executed
by the party against whom enforcement is sought.
9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller
and Buyer, and their respective successors and assigns. If requested by Buyer, Seller
agrees to execute, acknowledge and record a memorandum of this Contract in the Real
Property Records of Denton County, Texas, imparting notice of this Contract to the
public.
9.05 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 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 (i) in the case of damage or destruction, all insurance
proceeds; and (ii) in the case of eminent domain, all 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
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the Property, in which to malce Buyer's election, In the event Buyer elects to
close prior to such final settlement, then the Closing shall take place as provided
in Article VII, above, and there shall be assigned by Seller to Buyer at Closing all
interests of Seller in and to any and all insurance proceeds or condemnation
awards which may be payable to Seller on account of such event. In the event
Buyer elects to close upon this Contract after final settlement, as described above,
Closing shall be held five (5) business days after such final settlement.
9.06 Further Assurances. In addition to the acts and deeds recited in this Contract
and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller
and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed
and/or delivered at the Closing or after the Closing, any further deeds, acts, and
assurances as are reasonably necessary to consummate the transactions contemplated
hereby. Notwithstanding anything to the contrary contained in this Contract and without
limiting the general application of the provisions of Section 5.03, above, the provisions
of this Article IX, Section 9.06 shall survive Closing.
9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time
is of the essence with respect to this Contract.
9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are
incorporated in and made a part of, this Contract for all purposes.
9.09 Delegation of Authority. Authority to talce any actions that are to be, or may be,
talcen by Buyer under this Contract, including without limitation, adjustment of the
Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of
Denton, Texas, to Phil Williams, General Manager/Electric Administration of Buyer, or
his designee.
9.10 Contract Execution. This Contract of Sale may be executed in any number of
counterparts, all of which 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.
Contract of Sale
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SELLER;
CODELA, LLC, a Texas limited
liability company
By: _
Name:
Title:
Executed by Seller on the day of , 2013.
BUYER:
C
GEORGE C. CAMPBELL, CITY MANAGER
Executed by Buyer on the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� , `�
BY: ��-�- �....��
Contract of Sale
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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 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 fui�ther 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
I�
Printed Name:
Title:
Contract receipt date; , 2013
Contract of Sale
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EXHIBIT "A"
to
Contract of Sale
Legal Description
Of
Property
BEING all that certain lot, tract or parcel of land situated in the T. M. Downing Survey,
Abstract Number 346, City of Denton, Denton County, Texas, an being part of that
certain tract of land described by deed to George Roland Vela and Emma Lamar Vela,
recorded in Volume 3225, Page 252, Deed Records, Denton County, Texas (D.R.D.C.T.),
and being more pai�ticularly described as follows:
BEGINNING at a 1/2 inch iron rod with yellow cap stamped "At�thur Surveying
Company" (ASC) set for the southeast corner of said Vela tract and the southwest corner
of a tract of land described by deed to Gary Dennis Dillard and Jaymi Chris Dillard,
recorded in Volume 1188, Page 730, D,R.D.C.T., same point being in the north line of a
tract of land described by deed to Staff Realty, recorded under County Clerlc's File
Number 94-6845, Official Public Records, Denton County, Texas (O.P.R.D,C.T.);
THENCE South 89 degrees 27 minutes 42 seconds West, with the noi�th line of said Staff
Realty tract, a distance of 196,70 feet to a 1/2 inch iron rod with yellow cap stamped
"ASC" set for corner in the south line of said Vela tract and the north line of said Staff
Realty tract;
THENCE North 00 degrees 33 minutes 51 seconds West, over and across said Vela tract,
a distance of 820.88 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set for
corner in the north line of said Vela tract and the south line of Mayhill Road;
THENCE South 72 degrees 32 minutes 25 seconds East, with the south line of Mayhill
Road, a distance of 52.58 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set
for the northeast corner of said Vela tract, same point being in the west line 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 South 00 degrees 33 minutes 51 seconds East, with the west line of said Carter
tract, a distance of 348.72 feet to a 1 inch iron rod found for an inner eli corner of said
Vela tract and the southwest corner of said Carter tract;
THENCE North 89 degrees 03 minutes 33 seconds East, with the south line of said
Carter tract, a distance of 149.72 feet to a 1/2 inch iron rod with yellow cap stamped
"ASC" set for the most easterly northeast corner of said Vela tract and the southeast
corner of said Carter tract, same point being in the west line of said Dillard tract;
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THENCE South 00 degrees 11 minutes 09 seconds East, with the west line of said
Dillard tract, a distance of 456.97 feet to the POINT OF BEGINNING and containing
2.486 acres of land, more or less.
Contract of Sale
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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 CODELA, LLC, a Texas limited liability company (herein called
"Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00), and other good and valuable consideration to Grantor in hand paid by the City
of Denton, Texas, a Texas Home Rule Municipal Corporation (herein called "Grantee"),
215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby
acicnowledged and confessed, subject to the reservations set 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
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
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the right to use or access the surface of the Property, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to
exploration and/or production of the oil, gas and other minerals reserved herein, including
without limitation, use or access of the surface of the Propei�ty for the location of any weli
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 subj acent 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 iive hundred feet (500') below the surface of the earth
and all areas above the surface of the earth.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions]
This Deed is subject to that certain Contract of Sale, by and between Grantor and
Grantee, dated on or about , 2013.
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.
Conh•act of Sale
Page 20
s:\legal\our documents\contracts\13\vela k of sale.doc
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 when the claim is by, through, or under
Grantor but not otherwise.
EXECUTED the day of , 2013
CODELA, LLC, a Texas limited
liability company
:
Name:
Title:
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on ,
, 2013 by , of
CODELA, LLC, a Texas limited liability company, on behalf of said limited liability
company.
Notary Public, State of Texas
My commission expires:
Contract of Sale
Page 21
s:\legal\our documents\contracts\13\vela k of sale.doc
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, TX 76209
Contract of Sale
Page 22
Send Tax Billing Statements To:
The City of Denton
Attn: Finance Department
215 East McKinney Street
Denton, Texas 76201
s:\legal\our documents\contracts\13\vela k of safe.doc
EXHIBIT "A"
to
Special Warranty Deed
Legal Description
Of
Property
BEING all that certain lot, tract or parcel of land situated in the T. M. Downing Survey,
Abstract Number 346, City of Denton, Denton County, Texas, an being part of that
certain tract of land described by deed to George Roland Vela and Emma Lamar Vela,
recorded in Volume 3225, Page 252, 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 with yellow cap stamped "Arthur Surveying
Company" (ASC) set for the southeast corner of said Vela tract and the southwest corner
of a tract of land described by deed to Gary Dennis Dillard and Jaymi Chris Dillard,
recorded in Volume ll 88, Page 730, D,R.D.C.T., same point being in the north line of a
tract of land described by deed to Staff Realty, recorded under County Clerlc's File
Number 94-6845, Official Public Records, Denton County, Texas (O.P.R.D.C.T.);
THENCE South 89 degrees 27 minutes 42 seconds West, with the north line of said Staff
Realty tract, a distance of 196.70 feet to a 1/2 inch iron rod with yellow cap stamped
"ASC" set for corner in the south line of said Vela tract and the north line of said Staff
Realty tract;
THENCE North 00 degrees 33 minutes 51 seconds West, over and across said Vela tract,
a distance of 820.88 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set for
corner in the north line of said Vela tract and the south line of Mayhill Road;
THENCE South 72 degrees 32 minutes 25 seconds East, with the south line of Mayhill
Road, a distance of 52.58 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set
for the northeast corner of said Vela tract, same point being in the west line 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 South 00 degrees 33 minutes 51 seconds East, with the west line of said Carter
tract, a distance of 348.72 feet to a 1 inch iron rod found for an inner ell corner of said
Vela tract and the southwest corner of said Carter tract;
THENCE North 89 degrees 03 minutes 33 seconds East, with the south line of said
Carter tract, a distance of 149,72 feet to a 1/2 inch iron rod with yellow cap stamped
"ASC" set for the most easterly northeast corner of said Vela tract and the southeast
corner of said Carter tract, same point being in the west line of said Dillard tract;
Contract of Sale
Page 23
s:\lega(\our documents\contracts\13\ve(a k of sale.doc
THENCE South 00 degrees 11 minutes 09 seconds East, with the west line of said
Dillard tract, a distance of 456.97 feet to the POINT OF BEGINNING and containing
2,486 acres of land, more or less.
Contract of Sale
Page 24
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
Febniary 5, 2013
Utilities
Howard Martin, 349-8232 ����'
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager,
or his designee, to execute a Purchase Agreement (herein so called), as attached hereto and made
a part hereof as Exhibit "A" by and between the City of Denton (the "City"), and Robert Earl
Edwards, Donald Eugene Edwards, Myrtle Elizabeth (Edwards) McSween and William Warren
Edwards, (collectively, the "Seller"), contemplating the sale by Seller and purchase by City of a
0289 acre tract of land, more or less, being generally located in the 1500 blocic of North Mayhill
Road in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469 in the City of Denton, Denton
County, Texas (the "Property Interests"); for the Purchase Price of Thirty Four Thousand Dollars
and No Cents ($34,000.00); authorizing the City Manager, or his designee, to execute and deliver
any and all other documents necessary to accomplish the closing of the transaction contemplated
by the Purchase Agreement; authorizing the expenditure of funds therefor; and providing an
effective date. (Mayhill Road Widening and Improvements Proj ect — Parcel M025)
BACKGROUND
The City Council considered and approved an offer (September 11, 2012) pursuant to Ordinance
No. 2012-229, to purchase the captioned land rights.
The Owner has recently engaged in formal negotiation dialogue and counters with the captioned
purchase amount, as settlement of the matter.
Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase
transaction with the property owner.
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)
September 11, 2012 (Offer to Purchase Ordinance 2012-229)
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP `08) funds and City of Denton local match funds. The purchase
offer price of $34,000.00 plus closing costs, as prescribed in the Agreement are to be funded
through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
Prepared by,
� r
� ������
Paul Williamson,
Real Estate Manager
Respectfully subnutted,
������
�
Franlc G. Payne, P.E.
City Engineer
�ocation Map EDWARDS — Parcel M025
EXHIBIT 1 attachment to AIS Mayhill Road Widening and Improvements
s:\legat\our documents\ordinances\13\edwards ordinance.doc EXHIBIT 2 attachment to AIS
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE A PURCHASE AGREEMENT (HEREIN
SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A",
BY AND BETWEEN THE CITY OF DENTON (THE "CITY"), AND ROBERT EARL
EDWARDS, DONALD EUGENE EDWARDS, MYRTLE ELIZABETH (EDWARDS)
MCSWEEN AND WILLIAM WARREN EDWARDS (COLLECTIVELY, THE "SELLER")
CONTEMPLATING THE SALE BY SELLER AND PURCHASE BY CITY OF A 0.289
ACRE TRACT OF LAND, MORE OR LESS, BE1NG GENERALLY LOCATED IN THE 1500
BLOCK OF NORTH MAYHILL ROAD, IN THE M.E,P. & P.R.R, COMPANY SURVEY,
ABSTRACT NO. 1469, 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS (THE
"PROPERTY iNTERESTS") FOR THE PURCHASE PRICE OF THIRTY FOUR THOUSAND
DOLLARS AND NO CENTS ($34,000.00); AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE AND DELIVER ANY AND ALL OTHER DOCUMENTS
NECESSARY TO ACCOMPLISH CLOSING OF THE TRANSACTION CONTEMPLATED
BY THE PURCHASE AGREEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an offer to the Owner to purchase the Property
Interests on September 21, 2012, pursuant to Ordinance No. ,2012-229, passed and approved by
the City Council of the City of Denton on September 11, 2012;
WHEREAS, Owner has made a counteroffer to the offer of City;
WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to
agree to same; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAlNS:
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. The
City Council hereby finds and determines that the acquisition of the Property Interests is
necessary for public use to provide street and roadway expansion and improvements to serve the
public and the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to (a) execute for
and on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A", with a purchase price of $34,000.00
and other consideration, plus costs and expenses, all as prescribed in the Purchase Agreement;
and (ii) any other documents necessary for closing the transaction contemplated by the Purchase
Agreement; and (b) malce expenditures in accordance with the terms of the Purchase Agreement.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
s:\legal\our documents\ordinances\13\edwards ordinance.doc
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
�
By. �..� _ �__ --�
Page 2
EXHIBIT "A"
s:liegallour documents\contracts\121edwards purchase agceement doc
�` � ` . c, , � !
NOTICE
YOU, A5 OWNER OF THE PROPERTY (.�S DEFINED BELOW), HAVE THE IdIGI�T
TO: (1) T)ISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OI'
DENT'ON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) K�EP THE
OFFER OR AGREElVIENT CONFIDEI�ITIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT'TO CHAPTER 552, GOVERNIVIENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated `� �� � ���,� , �`�' ��,,' /'�` ,
2012, but effective as of the date provided below, between Robert Earl Edwards, Donald Eugene ��Q.�
N•�q,.a., �� C_S�s,:�-
Edwards, Myrtle Elizabeth (�Edward}�and William Warren Edwards (collectively refei�red to �
herein as "Owner") and the City of Denton, Texas ("City").
Q��•
WITNE�S]ETH: '`
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itr�.:5�u �..,_.
WHEREAS, Robert Earl Edwards, Donald Eugene Edwards, Myrtle Elizabeth�Bdward (and
William Wat�en Edwards are the Owner of a tract of land (the "Land") in the M.E.P. & P.R.R.
Co. Survey, Abstract Number 1469, Denton County, Texas, being affected by the public
impxovement project call�d the Mayhill Road Widening and Improvements Project ("Project");
and
WHEREAS, City is in need of certain fee simple lands, being a part of the Land, related to
the Project; and
WHEIZEAS, 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;
s:\7egallour docutnenlslcontracts\I2\edwards purchase agreemenLdoc
IVOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1. A. At Closing, the Owner shall grant, execute, and deliver to the City a Special Warranty
Deed (herein so called), conveying to the City, subject to the reservations described below, the
tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain Special
Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the 5pecial Warranty
Deed being attached hereto as Attachment 1 and made a part hereof.
The Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment l ".
B. Owner, subject to the limitation of such reseiwation made herein, shall reserve, for themselves,
their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that
may be produced from the Fee Lands. Owner, their heirs, devisees, successors and assigns, shall not
have the right to use or access the surface of the Fee Lands, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas and other minerals reserved hezein, 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 deviatzon 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 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 o;f the term "minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S.W.2d 'l43 (Tex. 1980).
E
s:liegai\our documents\contrects\12\edwazds purchuse agrcement.doc
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above t�e
surface of the earth. �P
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z
�
2. As consideration for ihe granting and conveying of t e Fee. La,nds to the City, the City shall pay
, �- � �
to Owner jointly at Closing the sum o�f ��'� our�Thou nd;`� and
3 j �%�.��� `�`�''�^' f✓t-�'G� � � .
No/100 Dallars ($��;4��:00). The monetary compensation prescri ec� 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 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 a•eleases or subordinations of the
Encumbrances and other curative efforts affecting the Fee Lands, if necessary zn 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 either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement.
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, value of, damage to and/or costs of repair, replacement and/or relocation of any
improvements, turf, landscape, vegetation, or any other structure or facility of any kind within the
Fee Lands related to activities conducted pursuant to the City ownership of the Fee Lands,
interference with Owner's activities on other property interests of Owner, caused by or related to
activities related to the Project on the Fee Lands, whether accruing now or hereafter, and Owner
7
s:Vegal\our documenislcontracts\l2\edwards purchase agreement,doc
hereby releases for themselves, their heirs, devisees, successors and assigns, the City, it's officers,
employees, elected officials, agents and contractors from and against any and all claims they may
have now or in the future, related to the herein described matters, events and/or damages.
5. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC, 525
Sauth Loop 288, Suite 125, Denton, Texas, 76205 ("Title Company"), with said Title Company
acting as escrow agent, on the date which is 90 days after the Effective Date, unless the Owner and
the City mutually agree, in writing, to an earlier or later date ("Closing Date"), In the event the
Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the
Closing Date shall be the next resulting business day.
6. The stipulated Total Monetat•y Compensation amount shall be paid by the City at Closing to the
Owner through the Title Company. Ad valorem taXes relating to the Fee Lands for the calendar year
in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If
the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the
Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of
taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The
result of such proration is that the Owner shall pay for those taxes attributable to the period of time
prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to
change of land usage or ownership occurring prior to the Closing Date) 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 latest 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
4
s:\legal\our doctnnents\contracts\12\edwards purchase agreemenkdoc
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 speciiic 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 (ii) enter into any agreement
that will be binding upon the Fee Lands, or upon the Owner with respect to the Fee 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:
C� +�1./�I�.�i
,�obert Earl Edwards n
�,, ��� �r� �' c.�V-�u �'+.��
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i C � �. 'ti• , �t- x �� � �'-f �1
Phone �`c/�� �-� � � �- � �t �.
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
�
s:\fegal\our documents\contracts\12\edwards purchase agreement.doc
Copies to:
For Owner:
Donald Eugene Edwards
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Telecopy:
For Owner:
For Citv:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
Myrtle Elizabeth�Edwards � �`� � S''`� � `� `"
�Lri,.�('R , � ✓��� %i�c �z,�-��--
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Telecopy:
For Owner:
William Warren �-�,dwards �
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Telecopy:
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. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not mez•ge with the Special Warranty Deed.
14. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
C�
s:Uegallour documents\conUacts\l2\edwards purchase agreement.doc
any portion of the Fee Lands, City may, at its election, terminate this Agreement at any time
prior to Closing.
15. Authority to taice 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, are hereby delegated
by City, pursuant to action by the City Council of Denton, Texas, to Frank Payne, City Engineer
of City, or his designee.
16. This Agreement may be executed in any number of counterpai�ts, all of which taken
together shall constitute one and the same Agreement.
� 1 �
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By•
_ � . _.
GE GE G CAMPBELL,
CITY MANAGER
r
Date: �����.�r', ���`. � ,�� 2012
A'TTEST:
JENNIFER WAL`I'C
:�
CITY �ECRETARY
2012
APPI20VED A►S TO LEGAL FORM:
AIVITA BURGIESS, CITX A'I'TORNEY
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BY: Y
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Date: �,,.� ��,�r��,�� �.�"" � , 2012
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�,�-�.�.__�w� � u-�Q _ .A �C�-s cc�.�
ROBERT EARL EDWARDS
Date: 1% 1! � I� , 2012
...
� � ��
DONALD EUGENE DW.ARDS
Date: � � / �� � I � , ���2
�J�Y--�-�t.�-�c a�`� ���:�-� �1/�c ���-�----
MYRTLE ELIZABETH(EDWARDS � ��sJ� �=� "�
Date: �, � � � `" ( � , 2012
, �
� � 1��� � ���.,��- _ t:� �` -�°L'
WILLIAM WARREN EDWARDS
Date: f `" � `� - � 3 , 2012
s:\iegal\our documentslcontracts\l2\edwards purchase agreement.doc
., � �, � � � �;
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the tea�tns and
provisions of this Agreement to perform its duties pursuant ta the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time
to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 3 81-1006
Telecopy: (940) 898-0121
:
Printed Name:
Title:
Contract receipt date: , 2012
s:\legallour documents\contracts\l2\edwards special warranty deed.doc
ATTACHMENT 1
TO
PiJRC�I�.�E AGitEEME1�1T
NOTICE OF CONFIDENTIALI'I'Y RIGHTS: IF YOU ARE A I+IATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF TH�
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRA1oTSFERS Ai�i INTEREST IN REAL PROPERTY BErORE IT IS A+'ILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUIVIBER
OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS
COUNTY OF DENTON
� ' . . � � . '� �
§
§
§
KNOW ALL MEI�T BY THESE PRESENTS:
/�'` � � i�'�
That Robert Earl Edwards, Donald Eugene Edwards, Myrtle �lizabeth(�Edwards� �►
and William Warren Edwards herei colle u�*` called "Grantor"), for and in
" � ` r�� �� � `�-
consideration of the sum of � FOUR TI�USAND,, � �
� , � � � ,.�,<� � �; `�.:.�.��-- � �" , � , � g v
T�-� .. � AND NO/100 DOLLARS ($2-�;�:Q$�), and other good an 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 76241, the receipt and sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLD and CONVEYED, and by these presents does
GR.ANT, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas being particularly described in Exhibit "A" and depicted in Exhibit "B", attached
hereto and made a part hereof for all purposes, and being located in Denton Couniy,
Texas, together with any and all rights or interests of Grantor in and to adj acent streets,
alleys and rights of way and together with all and singular the improvements and fixtures
thexeon and all other rights and appurtenances thereto (collectively, the "Propet-ty").
Grantor, subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
s:\legal\our documents\contracts\t2\edwards special warcanty deed.doc
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
improvemant of any kind or type in connection with or related to ihe reseived 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 ox 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 wzth 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 apput�tenances 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
clairz�ing or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
Page 2 of 5
s:llegal\our documents\contracts\12\edwards special warranty deed.doc
EXECUTED the
THE STATE OF TEXAS
COUNTY OF DENTON
day of
2012.
���-�..� �`�o
Robert Earl Edwards
�s���
�. � �° m `�.�;,
Donald Eugene Edwards
�� �-� ��J� ��-��--
Myrtle Elizabeth�Edwards I�t � 5'�: � ���
����� t.����. �'��. c�
William Warren Edwards
ACKNOWLEDGMENT
This instrurnent was acknowledged before me on
Robert Earl Edwards.
Page 3 of 5
2012 by
Notary Public, State of Texas
My commission expires: _
s:\legal\our documents\contracts\12\edwnrds special warranty deed.doc
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before zne on �s �, 2012 by
Donald Eugene Edwards.
Notary Public, State of Texas
My commission expires:
ACKNO WLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2012 by
Myrtle Elizabeth��dwards� '}vt� �w � o
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2012 by
William Warren Edwards.
Notary Public, State of Texas
My commission expires: �
Page 4 of 5
s;\tegallour documents\contractsU2\edwards special wareanty deed.dac
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 5 of S
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
E�HIBIT A- to Special Warranty Deed
� rthur Surveying Co., I nc.
�.�ss�o.��r �a s��,yoxs
P.O. $ox 54 --- Lawisviile, Te7cas 75067
O�ca: (9'72) 221-9439 �-- F'ax: (97?) 221-4675
EXHIBIT ��A"
MAYHILL ROAD
RIGHT-OF-WAY
PARCEL M025
� 0.289 Acre
City of Denton, Denton County, Texas
BEING all' that certain lot, tract or pa�•cel of land situated in tha M.E.P. & P,R,R. Co. Survey, Abstract Number
1469 and being part of that certain tract of land described by deed to Ear1 Edwards and wife, Ruth Edwards,
recorded in Volume 1546, Page 775, Real Property Records, Denton County, Texas (R.P.R.D.C.T.), and being moxe
particularly described as follows:
BEGINNING at a"I'K" Nail set in Mayhill Road for the southeast corner of said Edwards tract and the northeast
corner of a tract of land described by deed to Habib Pyarali Arab, recorded under Cottnry Clerk's File Numl�er 2000-
68658, Official Public Records, Denton County, Texas (O.P.R.D.C.T.);
THENCE Soutlx 80 degrees 18 mmut�s 15 seconds West, with the south line of said Edwards tract and the noxth
line of said Arab tract, passing a 1/2 inch iron rod fow�d at 30.99 feet, continuing on for a total distance bf 72.42 feet
to a 1/2 inch iron rod wit�i yellow cap starnped "Artitur Surveying Company" (A.S.C.) set for corner at the
beginning of a non-tangent curve to ihe Te8 whose radius is 1132.50 feet;
THENCE over and across said Edwa��ds txact, with said curve to the left, having a central angle of OS degrees 33
rninutes 32 seconds, whose chord bears North OS degrees 34 minutes 29 seconds East, a distance of 110.49 feet, an
arc length of 110.53 feet to a 1/2 inch iron rod with yellow cap stamped "A.S,C." set for corner;
TH�NCE North 02 degrees 46 minutes 43 seconds East, over and across said Edwards tract, a distance of 80.72
feet to a 1/2 inch iron rod with yellow cap stamped ".Q�.S.C." set for corner in the north line oPsaid Edwards tract
and the south line of a tract of land described by deed to Jerry M. Kelsoe, recorded in Volume 1823, Pa�e 134,
R.P.R.D.C.T.;
THENCE North 80 degrees 18 nninutes 1 S seconds East, with the north line of said Edwards tract and the south line
of said Kelsoe tract, a distance of 66.55 feet to a"PK" Naii set in Mayhiti Road for the northe'ast corner of said
Bdwards tract and the southeast comer of said Kelsoe tract;
�'HENC� South 02 degrees 40 minutes 25 seconds West, with Mayhill Road, a distance of 189,81 feet to the
POINT OF BEGINNING and containing 0.289 acre of land, of which 0,113 acre lies within existing lVfayhill
Road,
C1107131-9
Parcel M02S
\�
EXHIBIT B- to Si�ecial Warranh� Deed
Concrete
( Monument
Found (C.M.)
I � ?��.�
I �'
�,�° �• �
w
Noah L, Turrubiarte I '� �-
�
��r Jerry M. Kelsoe N�rn, 60 0 30 60
Volume 2971, Page 177 � �,�,i- Volume 1823, Page 134 ��°.N �
�%� z � SCALE; l" = 60'
I Bearings sliown hereon based on the City of
"4�'' N80o � J���' Dentoa GIS Network.
+�� 66.55' ,p set °tr
� � �,R.S. � � as.as
�� �,,, ��� � W New Itight-of-way 0. i 75 ac. (7,629 sq, tt.)
(C M) ��� 5gp js'��"W 1g9' M` Existing Implied Dedication 0.113 ac. (4,937 sq. ft.)
� �' � 0,2t3� AC1�e (12,566 sq. ft.)
�' o � � � � Right-o%Way
�' o � orno' � � Parcel M025
�(��,• exlsHng � ,a � O
I �i'", bulid/ng �'� � y � NO NOTES:
I,R.S. � . � `� : �
� �� "" � r�'' I.R,F. = 1/2° Iron Rod Found
existing „�`� � � n ' � �
bu�lding e N � ba cV :° • I.R.S. = i/2" Iron Rod Set witfi
C- w � c� • t� yellow cap stamped "Arthur
Earl Edwarda and R=1132.S�o 1 1 0,�' `"� o � Surveying Company" �
� wlfe, Ruth Edwards L=110.53�-! 0 � N �� . Alllmprovements not shown
Voltune 1646, Page 775 �= 05°3j'�32'X �I 0 t� � hereon.
� Cbd.=NO$°34'2�9"E '� � • Besements recorded in Vol. 266,
� Pg. 72, Vol, 308, Pg. 257 & Vol.
110.'�9� x� ' l.R,F. at � 462, Pg. 333 do not affeot tliis tract
30, 99' to the best of my knowledge,
1 (c.M.) "pK" Narr
� exlsting SBt �p
' bu!ldlnq x 28. � ��
�. .5. �$, �„w P. (�. ,D.
x �g� � so2�4o�2�°�v
.w —� � � � J 7�.�'2 t��~ 35.49
,.» -r �� x __ x x
_�"" �M.)I
ro �
a
____-.��v�� �y� '8 �3 4g ��W
�— ` �am � � I �
���T� Tm � r � t r
1.,1.) .11:
Ma hiIl Road
Rl �t—Of--WA
Parcel M025
0.289 acre in the
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469,
City of Denton
Denton County, Texas
-- 2011 --
.�...,_�_.._ _._.�._��..---
�
� i
�
�
�M
� ` srnavsYORS c�xrn7rcnTrox:
7'he ttnderstgaed doae tioreby ccrr[tj� to 7it1e
Resourcee ((3.p, No� l02398) that rlils survey wes
rhiy day tuxdu ou fLa gound of tho propr.rty logn/ly
descrlbed Loreoa a�id is correct, end fo t6o troat af
myknoivfodgc, �horo uo no vislble dtsorepsnalae,
cont(lots, sLoNnges in aren, Goundary lino oontllcfs,
enoroschmonts, ovWlepptag oflmprovcmPn�
oaaements orrfghte of wey tLet I heva 6ecn edvised
ofeaccept ne shown hereon,
rthur Surveying Co., Inc.
����o��r .r,�ar s,�•�yo�
P.O.�ox 64 — Lerrleville. Teses 75067
Oftice; (972) 221-9439 Fas: (B72) 221-4876
E�tatbli�hed 1988
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
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 2.115 acre tract; and (II) a slope easement, encumbering a 0.202 acre tract, each
located in the M.E.P. and P.R.R. Company Survey, Abstract Number 927, City of Denton,
Denton County, Texas, as more particularly described on Exhibit "A", attached hereto and made
a part hereof, located generally in the 500 Blocic of North Mayhill Road (the "Property
Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and
roadway; authorizing the City Manager or his designee to malce an offer to (1) 551 Mayhill Joint
Venture (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 Sixteen Thousand Eight Hundred Fifty Four
Dollars and No Cents ($116,854.00) 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. (Mayhill Road
Widening and Improvements Proj ect—Parcel M070)
BACKGROUND
The City Council considered and approved an offer to purchase the captioned land rights on
September 11, 2012 for the purchase price of $116,854.00. (Ordinance No. 2012-230)
That offer to purchase land rights was extended to 551 Mayhill Joint Venture on September 21,
2012, via certified mail.
There has been dialogue and correspondence with Mr. Nicic Zala, representing 551 Mayhill Joint
Venture, however, there is a variance of beliefs in respect to the appraiser's opinion of value for
the subj ect land rights required for the Proj ect and that of Mr. Zala.
Approval of the ordinance under consideration authorizes staff to extend a Final Offer to 551
Mayhill Joint Venture for the captioned land rights necessary for the road widening project.
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)
September 11, 2012 (Offer to Purchase Ordinance 2012-230)
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP `08) funds and City of Denton local match funds. The purchase
offer price of $116,854.00 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,
� �
� �������
Paul Williamson,
Real Estate Manager
Respectfully subnutted,
������
�
Franlc G. Payne, P.E.
City Engineer
�ocation Map 551 Mayhill Joint Venture Parcel M070
EXHIBIT 1 Attachment to AIS Mayhill Road Widening and Improvements
s:\legal\our documents\ordinances\13\mayhill joint venture final offer ord.doc EXHIBIT 2 attachment to AIS
ORDINANCE NO. 2013-
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 NUMBER 927, CITY OF DENTON, DENTON
COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF, 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 (THE "OWNER"); (2)
SUCCESSORS IN INTEREST TO THE OWNER TO THE PROPERTY INTERESTS; OR (3)
ANY OTHER OWNERS OF THE PROPERTY 1NTERESTS, AS MAY BE APPLICABLE, TO
PURCHASE THE PROPERTY 1NTERESTS 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 (THE "AGREEMENT"), AS ATTACHED HERETO AND
MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an initial offer to the Owner to purchase the
Property Interests on September 21, 2012, pursuant to Ordinance No. 2012-230, passed and
approved by the City Council of the City of Denton on September 11, 2013;
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Property Interests by the City of
Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition
of the Property Interests is necessary for public use to provide street and roadway expansion and
improvements to serve the public and the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to malce the final
offer to purchase the Property Interests 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.
SECTION 3. The City Manager, or his designee, is hereby authorized to (a) execute for
and 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 $116,854,00 and other consideration, plus costs and
expenses, all as prescribed in the Agreement; and (ii) any other documents necessary for closing
the transaction contemplated by the Agreement; and (b) to make expenditures in accordance with
the terms of the Agreement.
SECTION 4. The City Manager, or his designee, is directed, by certified mail, return
receipt requested, to disclose to Owner, 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 , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
��
- ��� ,✓
6
By; �� � ,� �� _ �
Page 2
EXHIBIT "A" - to Ordinance (Property Interests)
� rthur Surveying Co., I nc.
�'xofessiorx�..F .��.7xd Sux-v�,y�oxs
P.C7. Bo� 54 � LewisvilJe, Te7.fls 75d67
Oi�ice: (972) 221-9439 �� Fax: (972) 221-4675
EXHIBIT "A"
MAYHILL ROAD
PARCET� M070
2.115 Acres
City of Denton, Denton County, Texas
B�ING all that certain lot, tract or parcel of land situated in the M.�.P, & P.R,R. Co�npany Survey, Abstract
Number 927, City of Denton, Denton County, Texas, and being part of that certain tract of land described by deed to
551 Mayhill Joint Venture, recorded under Tnsriument Numbet� 2005-6231, Official Public Records, Denton County,
Texas (O.P.R.D.C.T,), and being more particularly described as follows;
BEGINNING at a"PK" Nail found in Mayhill Road for the northeast coi�er of said 551 Mayhill Joint Venture
Tract, same point being in the west line of a tract of land described by deed to John Ray, recorded under Tnstrument
Number 2006-91931, O.P.R.D.C.'I'.; .
TH�NC� South O1 degrees 36 minutes 28 seconds West, with Mayhill Road and the east line of said 551 Mayhill
Joint Venture tract, a distance of 81'1.93 feet to a"PK" Nail set in Mayhill Road for the southeast corner of said 551
Mayhill Joint Venture t��act, same point being in the west line of a tract of land described by deed to 7heirie Logan,
recorded under County Clerk's File Number 95-53881, Real Property Records, Denton County, 'I'exas
(R.P.R.D.C.T.);
THENC� South $9 degr•ees 52 minutes 21 seconds West, with the south line of said 551 Mayhill Joint Venture
tract, a distance of 111,41 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC)
set for coiner in the south line of said 551 Mayhill Joint Ventuz'e tract and the north line of a tract of land described
by deed to Gearge A, Calhoun and wife, Jannet D. Calltoun, recorded under County Clez•k's File Number 99-9674,
R.P.R.D.C,T.;
THENCE North O1 degrees 25 minutes 36 seconds East, over and across said 551 Mayhill Joint Venture tract, a
distance of 817.87 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said
551 Mayhill ,Toint Venture tract and the south line of the,"South Tract" described by deed to Martino Realty Ltd.,
Partnership, recorded under Tnstrument Number 2005-143880;
THENCE North 89 degrees 52 minutes 44 seconds East, with the north line of said 551 Mayhill Joint Veniure iract
and the south line of said Martino Realty tract, a distance of 114.00 feet to the POINT OF B�GINNING and
containing 2.115 acres of land, of which 0.399 acres lie w' ' the existing Mayhill Road.
���� ����
:f�r,�srEq� :9�,
� �� '
9P! M F�i �;;5ELL
�.,.5��� ..•.w �..,.i
r,
�
C1107131-31
Parcet M070
���
��
��
EXHIBIT "A" - to Ordinance (Property Interests)
Marttno Realtq, Ltd. Partneratilp
Instr. No. 2005-143880
"3outh YY�ao!"
S89'S2'44"W
I.R,F. 897.41'
�CO �------__� --�--
1
21
i
I I
II
1 �
Plan It Storage, LLC
Iivtr. No. 2012-26389 � n
f �1 � ��
16' Publtc Utfllty Easemen�--�i � —�-�
Instr, No. 2012-55513
Emergency Access, Ut71 t�� � �
Firelone & Dralnoge Easement �
lnstr. No. 2012-5551$ �
� �
30' Draino9e Eosament j ..�yl
Instr. No. 2012-55514 00 �
_�._�� —.��_� WI
561 Mayhill doint Venture MI
Instr. No. 2005-8231
N�
(rom�lnder) p I
�� ��� Z I
� �. 1'�g���$ � '
C I
� � �'������ 1
2���9 .
5� sas�5a�2�"w
S89'52'21'•W 121.64' i
-- 828. 04' _ !. R, �, � I. R, S.
�� ---C,3— ..-�... r •
I.R.F. � I Stfy"52'21
(C.M,) � 111,41i
i
Vonnla Ceorge Qeorga A. Cnlhoun dc
Instr. No. 2007-134977 �e, depneL D. Calhoun'
C.C. Fila Na 89-9874 �
I
I I
EXHIB IT "B "
Mayhill Road
Parcel M07�
2.115 Acres
M.E.P. & P.R.R. Co. Survey,
Abstract Number 927
Ciiy of Denton
Denton Cvunty, Texas
-- 2012 --
�John Raq
[nstr. No. 2008-91931
"' Nall
1d (C,M.) y _ �
�
�O
�i
'�U�
� �
� �
3 � v
�[ayhlll Palnt dc Body 88op
VoL 2061, Pg. BOB
finplied Dedicetion
N
200 0 100 -^�_200
SCALB: l" = 200'
Bearings si�own hereon based on the City of
Deuton GIS Network.
NOTBS:
• I.R.F, = 1/2" Iron Rod Found
• I.R.S. = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• AU improvements not shown hereon.
. Easements recorded in Vol. 197, Pg.
6& Vol. 264, Pg. 151 as assigned in
Vol. 75G, Pg, 669 do not affect this
tract to the best of my knowledge,
• Easement zecorded under Instrument
No. 2006-131887, does not affect the
subject tract.
New Right-of way 1.716 aa ('14,744 sq. ft.)
Existing Implied Dedication 0,399 ac, (17,397 sq. ft,)
2.115 Acres (92,t4i sq. tt,).
Nan Parcel M070
�t Jharrle Logan +
C,C. Flle No. 86-69881 �
.._._.___ `
��
l �1I
. , V��•
SCJRVEYOI2S CERTiFICATION:
The undersigned does fiereby certtfy to Tit1e
Resources (6.F. No, 102455) that rlva survey was
ILis duy mede on tLe goimd of the praperty Iegally
descnbedhereon and ls corsect, aud to tho best of
my krtowledge, there nre nn visible discrepnnetea,
conflicts, sLortages in nrea, boundaty ]ine conflicGS,
encroacluvents, overinpptng ofLnprovements,
eesemenfs or rights of wny t6at I Lava been adviscd
of except as sl�oum hercon.
rthur Surveying Ca, I nc.
FroFessional Land Suxveyo�cs �
P.O.Boa 64 - Lewiaville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4875
Established 1988
EXHIBIT "A" - to Ordinance (Property Interests)
rthur Surveying Co., I nc.
.Pxo�"�essior.a�r.Y L��' Suz�c�,yoxs
P.O. Box 54 --- Lewisville, Te�as 75067
OfFce: (972) 221-9439 •� Fax: (972) 221-4675
EXHIBIT "A"
SLOPE EASEMENT
0.202 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P,R.R. Company Survey, Abstract
Number 927, City of Denton, Denton County, Texas, and being part of that cei�tain tract of land described by deed to
551 Mayhill Joint Venture, recorded under Insh�ument Number 2005-6231, Official Public Records, Denton County,
Texas (O.P.R.D,C.T.), and being more particularly descxibed as follows:
COMMENCING at a"PK" Nail found in Mayhill Road for the noz'theast corner of said 551 Mayhill Joint Venture
Tract, same point being in the west line of a tract of land described by deed to John Ray, recorded under Insnument
Number 2006-91931, O.P.R.D.C.T,;
THENCE South 89 degrees 52 minutes 44 seconds West, with the north line of said 551 Mayhill Joint Venture
tract, a distance of 114.00 feet to the POINT OF BEGINNING, same point being in the south line of the "South
Tract" described by deed to Martino Realty Ltd,, Partnership, recorded under Tnst�ument Number 2005-143880,
O.P.R.D.C,T.; �
THENC� South O1 degrees 25 minutes 36 seconds West, over and across said 551 Mayhill Joint Venture tract, a
distance of 393,88 feat to a poult for coiner;
THENC� North 88 degree 34 minutes 24 seconds West, over and across said 551 Mayhill Joint Venture tract, a
distance of 10.00 feet to a point for corner;
'THENCE North 02 degrees 23 minutes 15 seconds West, ovex and across said S51 Mayhill Joint Venture tract, a
distance of 300.67 feet to a point for corner;
THENC� North O1 degrees 25 minutes 36 seconds East, over and across said 551 Mayl�i117oint Venture tract, a
distance of 93.07 feet to a point for corner in the north line of said 551 Mayhill Joint Venture tract and the south line
of said Maitino Realty h'act;
THENCE North 89 degrees 52 minutes 44 seconds East, with tbe no��th line of said 551 Mayhill Joint Venture tract
and the south line of said Martino Realty tract, a distance of 30.01 feet to the POINT OF BEGINNING and
containing 0.202 acres of land.
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C1107131-31
Parcel M070-PS�
EXHIBIT "A" - to Ordinance (Property Interests)
?lartlno Realtq, Ltd. Partnarelilp
It�tr. No. 2006—ih3B80
"9outh Tract"
S89'S2'44"W N89°S2'44"E
I.R,F. 867.40' 30.01'
(C.M.)
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0.202 Acre z �� �
Slope Easemen � �
(s,soa sa. ft.) I
Plnn It Storage, L[.0 ' '
Instr. No. 2012-26309
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16' PubAc Utillty Easement—�"� _ � �
Instr. No. 20i2-55513 —_ ��n-'.r,
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—" finergency Access, Utillty, 'q�
relona & Orafnoge Eoseme�! 'N
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N� ��
30' Drainage �asement N' '
Instr. No. 3012-55514 d� �
551 Mayhill Joint Venture
Instr, No. 2005-8231
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589 52'44'�W Found (C.M.)
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EXHIB IT "B "
Slope Easement
0.202 Acre
M.E.P. & P.R.R. Co. Survey,
Abstract Number 927
City of Denton
Denton County, Texas
-- 2012 --
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AN
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�ao 0 50 � o
SCALE: 1" =100'
Bearings shown hereon based on the City of
llenton GI3 Network.
NO'1'ES:
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!(ayhlll Palnt h Body Shop
VoL 2061, Pg. 608
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)OHPI �t. s�tt,'ti.,���LL,
�.� ������. .�.�:rA.
I.R,F. = 1/2" Iron Rod Found
��,_-�/ '�2-'-�r-0n Rod Set with
yellow cap stamped "Arttmr
Swveying Company"
All improvements not shown hereon.
Easements recorded in Vol. 197, Pg.
6& Vol. 264, Pg, 151 as assigued in
Vol. 756, Pg. 669 do not affecC this
tract to the best of my knowledge.
Easement recorded under Instrument
No. 2006-131887, does not affect the
subject tract.
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SURVEYORS CE12TIkTCATiON:
Tl�e undersi�ued does hereby certil'y to TiUo
Resourcas (l3.P. No.102455) thnt tWe survoy was
this day mnda on fhe grovad of the property legally
described hcreon end is correc , eud to tLa bast of
my knowledga, thera ara no visi6la discrepancias,
conflicts, shortages tn atea, booadary line confllcts,
encroacLmeufs, overlapping of improvemenGs,
easements ot rlghrs of way ihat I Lave been advised
of axeept ns shown 6ereon.
rthur Sur�eying Co., Inc.
Professaioaal' Land Survcyvrs
P.O,Box 54 – Lewieville, Tesae 76087
Office: (972) 221-9438 Fag: (972) 221--467:i
Establiahed 1988
Exhibit "B"
TO
ORDINANCE
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOV�, 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 ,
2013, but effective as of the date provided below, between 551 Mayhill Joint Venture, a Texas
joint venture (referred to herein as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, 551 Mayhill Joint Venture is the Owner of a tract of land (the "Land") in the
M.E.P. & P,R.R. Co. Survey, Abstract Number 927, Denton County, Texas, being affected by
the pubiic improvement project called the Mayhill Road Widening and Improvements Project
("Project"); and
WHEREAS, City is in need of certain fee simple lands and an easement, being a part of and
encumbering the Land, related to the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the par�ties agree as
follows:
1. A. At Closing, the Owner shali grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so called), conveying to the City, subject to the reservations described
below, the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain
Special Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special
Warranty Deed being attached hereto as Attachment 1 and made a part hereof; and (ii) a Slope
Easement (the "Easement"), in, along, upon, under, over and across the tract of land being
described in Exhibit "A" and depicted in Exhibit "B" to that certain Slope Easement (the
"Easement Lands"), the Easement being attached hereto as Attachment 2 and made a part hereof,
for slope purposes, as more particularly described therein.
The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1"; and (ii) the Slope Easement shall be in the form and upon
the terms as attached hereto and incorporated herein as "Attachment 2" (the Fee Lands and the
Easement are collectively referred to herein as the "Property")
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for 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, 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
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),
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Property to the City, the City shall pay to
Owner at Closing the sum of One Hundred Sixteen Thousand Eight Hundred Fifty Four and No/100
Dollars ($116,854.00). 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 Property 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 C�ty in relation to solicitation of releases or subordinations of the
Encumbrances and other curative efforts affecting the Property, 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 either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement,
3
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, value of, damage to and/or costs of repair, replacement and/or relocation of any
improvements, turf, landscape, vegetation, or any other structure or facility of any lcind within the
Fee Lands and/or Easement Lands, related to activities conducted pursuant to the Easement or City
ownership of the Fee Lands, and interference with Owner's activities on the Easement Lands or
other property interests of Owner caused by or related to activities within the scope of the rights
granted by the Easement, whether accruing now or hereafter, and Owner hereby releases for itself its
successors and assigns, the City, it's officers, employees, elected officials, agents and contractors
from and against any and all claims they may have now or in the future, related to the herein
described matters, events and/or damages.
5. The Closing (herein so called) shall occur in and through the ofiice of Title Resources, LLC, 525
South Loop 288, Suite 125, Denton, Texas, 76205 ("Title Company"), with said Title Company
acting as escrow agent, on the date which is 90 days after the Effective Date, unless the Owner and
the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the
Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the
Closing Date shall be the next resulting business day.
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 Closing Date. If
the actual amount of taxes for the calendar year in which Closing shall occur is not lcnown as of the
Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of
taxes levied against the Fee Lands for the calendar year in which Closing shall occur is lcnown. The
result of such proration is that the Owner shall pay for those taxes attributable to the period of time
prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to
change of land usage or ownership occurring prior to the Closing Date) 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 1N 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 the Easement Lands, or upon the
Owner with respect to the Fee Lands or the Easement Lands, after the date of Closing.
11. Owner represents and warrants to City that it possesses the full power and authority to sell and
convey the Property as provided in this Agreement and that all requisite action to authorize Owner to
enter into this Agreement and to carry out Owner's obligations hereunder, including the grant of
�
authority to the person executing this Agreement for and on behalf of Owner to bind Owner to the
terms hereof, have been taken.
12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, 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:
� ��► '
551 Mayhill Joint Venture
Phone
Telecopy:
Copies to:
For Owner:
Telecopy;
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Citv:
Richard Casner, First Assistant City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
13, This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
14. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deed or Easement.
�
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the Gity that might result in the talcing of
any portion of the Fee Lands and/or Easement Lands, City may, at its election, terminate this
Agreement at any time prior to Closing.
16. Authority to take any actions that are to be, or may be, talcen by City under this Agreement,
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: , 2013
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Date; , 2013
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
. � ��
BY: .--°"�A .,�.-�.��..e.�
Date: �-� ���'°`�°`7 �� , 2013
�
OWNER:
551 MAYHILL JOINT VENTURE, a
Texas joint venture
By: _
Name:
Title:
Date: _ , 2013
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 per�orm its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time
to time, and as further set foi�th in any regulations or forms promulgated thereunder,
TITLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381-1006
Telecopy: (940) 898-0121
:
Printed Name:
Title:
Contract receipt date: , 2013
�7
ATTACHMENT 1
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF DENTON
.
KNOW ALL MEN BY THESE PRESENTS:
That 551 Mayhill Joint Venture, a Texas joint venture (herein called "Grantor"),
for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10,00), and other
good and valuable consideration to Grantor in hand paid by the CITY OF DENTON,
TEXAS, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E.
McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby
acicnowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY, unto Grantee all the real property in
Denton County, Texas being particularly described in Exhibit "A" and depicted in
Exhibit "B", 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 oii, gas and other minerals reserved herein, including without
limitation, use or access of the surface of the Property for the location of any well or drill
sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas,
seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well
bores, or any other infrastructure or improvement of any lcind or type in connection with
or related to the reserved oil, gas and other 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]
This Deed is subject to that certain Purchase Agreement, dated on or about
2013, by and between Grantor and Grantee.
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
Page 2 of 3 �
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
EXECUTED the
THE STATE OF TEXAS
COUNTY OF DENTON
day of
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2013,
551 MAYHILL JOINT VENTURE, a
Texas joint venture
By: _
Name:
Title:
ACKNOWLEDGMENT
This instrument was acicnowledged before me on
Venture, a Texas joint venture, on behalf of said joint venture.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
, 2013 by
of 551 Mayhill Joint
Notary Public, State of Texas
My commission expires:
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
EXHIBIT "A" - to Special Warranty Deed
� rthur Surveying Ca., I nc.
.Px-o#'�sszv.x��.Y L�xxc.� .Szzxvc�,yors
P.C7. Boti 54 � Lawisville, Te�:t�s 75067
Of�ce: �9'72) 221-9439 �� Fnx: (972) 221-4675
EXHIBTT "A"
MAYHILL ROAD
PARCEL MO'10
2.115 Acres
City of Denton, Denton County, Texas
B�ING all that certain lot, tract or parcel of land situated in the M.E.P, & P,R,R. Company Survey, Abstract
Nuinber 927, City of Denton, Denton County, Texas, and being part of that certain tract oi land described by deed to
551 Mayhill Joint Venture, recorded under Insriument Number 2005-6231, Ofiicial Public Records, Denton County,
Texas (O,P.R.D.C.T,), and being more particularly described as follows:
BEGINNIIVG at a"PK" Nail found in Mayhill Road for the northeast corner of said 551 Mayhill Joint Venture
Tract, same point being in the west line of a tract of land described by deed to John Ray, recorded under Instrument
Number 2006-91931, O.P.R,D,C.T.; -
THENC� South O1 degrees 36 minutes 28 seconds West, with Mayhill Road and the east line of said 551 Mayhill
Joint Venture tract, a distance of 817.93 feet to a"PK" Nail set in Mayhill Road for the southeast corner of said S S l
Mayhill Joint Venture n•act, same point being in the west line of a tract of land described by deed to 7hei7•ie Logan,
recorded under County Clerk's File Number 95-53881, Real Property Records, Denton County, Texas
(R,P.R.D.C.T.);
THENC� South 89 degr•ees 52 minutes 21 seconds West, with the south line of said 551 Mayhill Joint Venture
n�act, a distance of 111,41 feet to a 1/2 znch iron rod with yellow cap stamped "Arthuz' Surveying Company" (ASC)
set for cotner in the south line of said 551 Mayhill Joint Venture tract and the no��th line of a tract of land described
by deed to George A. Calhoun and wife, Jannet D. Calhoun, recorded under County Cle��k's File Number 99-9674,
R.P.R.D.C.T.;
THENCE North O1 degrees 25 minutes 36 seconds East, over and across said 551 Mayhill7oint Venture tract, a
distance of 817.87 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for cornex• in the north line of said
551 Mayhill Joint Venture tract and the south line of the,"South Tract" described by deed to Martino Realty Ltd.,
Partnership, recorded under Tnstrument Number 2005-143880;
THENC� North 89 degrees 52 minutes 44 seconds East, with the north line of said 551 Mayhill Joint Venture iract
and the south line of said Martino Realty tract, a distance of 114.00 feet to the POINT OF B�GTNNING and
containing 2.115 acres of land, of which 0,399 acres lie wi ' the existing Mayhill Road.
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C1107131-31
Parcel M070
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EXHIBIT "B" - to Special Warranty Deed
Marttno Realtq, Ltd. Partnershlp
Instr. No, 2005-1A3880
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S89'S2'44"W N85
I.R.F. 897.41'
(C.M,) _ � _ 1
o-----��- -�r I.R.S.
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Plan It Storage, LLC
In�tn No. 2012-28309 ( n I ,
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16' Publlc Uttllty fosemen�---�i� -.���� �
Instr. No. 2012-55513 Ir-- --r --� ^-� �
30' pralno e Eosement �
fnstr. No, �1012-55574 �
--.���.�� ��—J
551 Mayhill Joint Venture
Instr. No, 2006-8231
(romalnder)
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-- 828.04' _ I,R,F, � I.R.S
o�.— �L-- - ----�--_ �
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Vonnie Ceorge Qeorga A. C
Instr. No. 2007-134877 e, dannet ,
C.C, File Na
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EXHIB IT "B "
Mayhill Road
Parcel MO'7�
�•
111.41
2.115 Acres
M.E.P. & P.R.R. Co. Survey,
Abstract Number 927
City of Denton
Denton County, Texas
-- 2012 --
ri
�
�John Ray
[natr. No. 2Q08-91831
"' Nall
,d (C.M,) rv _ �
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�tayhill Paln! dt 6ody 3hop
VoL 2061, Pg, B08
� -- – _ --- _ _ _._.
Implied Dedication
N
200 0 100 � 0
SCAL�: ]" = 200' 1
Beari��gs showu hereon based on the Ciiy of
Denton GIS Network.
NOTBS:
• I,R.F. = 1/2" Iron Rod Found
• I,R.S. = 1/2" Iron Rod Set with
yellow cap staraped "ArNiur
Surveying Company"
. All improvements not shown hereon.
• Easements recorded in Vol. 197, Pg.
6& Vol. 264, Pg. 151 as assigued in
Vol. 756, Pg, 669 do not affect this
tract to the best of my knowledge.
• Easement recorded under Instrument
No. 2006-131887, does not affect the
suUject tract.
New Right-of way 1.716 ac. (74,744 sq. ft.)
Existing Implied Dedication 0,399 ac. (1'J,397 sq. ft.)
2.115 Acres (92,tat sa. tt.).
t an Parcel M070
� Jherrle Logan ,�
C,C. Flle No. 86-63981 ,��
� �..._��__
,�� 1
l �II
� �, �.
SUR VEYORS CER77FlCATiON;
The unde�tgned does heteby certify to Titla
Itesources (a.P. No. 10?�t55) thet this survey was
this dny mado on tha gcouad of the property legally
described hereou end is correot and to tho best of
mylvowledge, there are no visible discrepencies,
conflicts, shortages in nrea, boundary line conEltets,
encroacLmettts, overinpping ofimprovemenfs,
easemeats or rlg6ls of way that I hevo been adviscd
ofexcept es shoum hereon.
rthur Surveying Co., I nc;.
Professional Land Surveyoxs
P.O.Box 64 – Lewiaville, Texas 75067
Office: (972) 221-9439 Fa�: (972) 221-4875
Established 1986
s:\legal\our documents\contracts\i3\mayhill joint venture 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.
SLOPE EASEMENT
THE STATE OF TEXAS,
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT 551 Mayhill Joint Venture, a Texas joint venture ("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 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 M.E.P. &
P.R.R. Company Survey, Abstract Number 927, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes;
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining lateral slope in, along, upon, under, over and across said Property, including without
limitation, the free and uninterrupted 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 making additions to, improvements on and repairs to said lateral slope
features or grade, or any part thereof.
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any lcind, or portions thereof, shall be constructed, erected, reconstructed or
piaced in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acicnowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any lcind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way,
4. Trees and Landscaping. No sluub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
malce further payment to Grantor.
5, Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to malce use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6, Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their 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 , 2013.
2
Grantor:
551 Mayhill Joint Venture,
a Texas joint venture
By: _
Name:
Title:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on , 2013 by
, of 551 Mayhill Joint Venture, a
Texas joint venture, on behalf of said joint venture.
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
Notary Public, in and for the State of Texas
My Commission Expires:
3
� E�I�IJ@IT "A�° - to Slope•Easement
rthur Sux veying Co:, Znc.
.�xofesszoxzal �a.r��a' Sux�re,yoxs
P.O. Box SA� —� �ewisvilie, TexAS 75067
Of�icE: (�Z�) 221,•9439 --- Fax: (972) 221-467,5,,.
EXHIBIT "A"
SLOPE EASEMENT
0.202 Acres
City of Denton, Denton County, Texas
BEING al1 that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Company Survey, Abstract
Number 927, City of Denton, Denton County, Texas, and being part of that certain tract of land described by deed to
551 Mayhill Jou�t Venture, recorded under Instrument Number 2005-6231, Official Public Records, Denton County,
Texas (O.P.R,D.C.T.), and bezng more particularly described'as follows:
COMMENCING at a"PK" Nail found in Mayhill Road for the northeast corner of said 551 Mayhill7oint �Venture
Tract, same polnt being in the west line of a tract of land described by deed to John Ray, recorded under Instrument
Number 2006-91931, O.P.R.D,C.T.; .
THENCE South 89 degrees 52 minutes 44 seconds West, with the north line of said 551 Mayhill Joint Venture
tract, a distance of 114.00 feet to the POINT OI�' BEGINNING, same poini being in the south line of the "South
Tract" described by deed to Martino Realty Ltd,, Partnership, recorded under Tnstrument Number 2005�143880,
O:P.R:D.C,T,; ' �
THENCE South O1 degre.es 25. minutes..36 seconds West, over and across said 551 Mayhill Joint Venture tract, a
distance of 393,88 feet to a point for corner; ,
THENCE North 88 degree 34 minutes 24 seconds West, over and across said 551 Mayhill Toint Venture tract, a
distance of 10,00 feet to a p�o�t for corn�r; -
THENCE North 02 degrees 23 minutes 15 seconds West, over and across said 551 Mayhill Joint Venture tract, a
distance of 300.67 feet to a point for corner;
THENCE North Ol degrees 25 minutes 36 seconds East, over and across said 551 Mayhill Joint Venture tract, a
distance of 93.07 feet to a point for corner in the north line of said 551 Mayhill Joint Venture iract and the south line
of said Martino Realty iract;
'I'HEI�iCE North 89 degrees 52 minutes 44 seconds East, with the north line of said 551 Mayhill Joint Venture tract
and the south line of said Martino Real.ty tract,.a.diatance of 30A1 feet to the POINT OF BEGINNING and
containing 0.202 acres of land. ��
C1107131-31
Parcel M070-PSE
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EXHIBIT "B" - to Slope Easement
1[nrttno Renitq, Ltd, Pertnerehip
Instr. No. 2006-143880
"South Trect"
S89'52'44"W N89°52'44"E
I.R.F, 867.40' 30.01'
(C�p--) –°�—�--�-----W � �
� m ie � �
I � �� �
0.202 Acre � i- ':
Slope Easemen �
(8,804 sq. ft.) �
Plen it Storege, LI.0 ' �
Instr. Ho, 2012-25368
�
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16' Public Utilfty Easement--�—� � � �
Instr. No. 20i2-55513 s'— {-1--
---- � - o?' —�-*,� -
o �e
�' Emergency Access, Uttlity,Ml �M
relana k. O�alnage, EQSement'- � c�.�
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II John Ray
� I I�tr, No. 2008-91831
I �
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_ �1 _ _ "PK" Nall
S8952'44"W Found (C.M.)
114,00' �
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.o.B.�
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— — I Instr. No. 2012-55515 �t ',°,y o^O �
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N' e �q�` �
30' OroMoge Easement cVf ' °�' I
Instr No. 3012-555)A Z', i QSO4
551 Mayhill Joint Ventttre '� i
Instr. No, 2005-8231 `'
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EXHI� IT "B"
Slope Easement
0.202 Acre �
M.E.P. 8c P.R.R. Co. Survey,
Abstract Number 927
City of Denton
Den�on County, Texas
-- 2012 --
1
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100 0 $0 100
scai.�: i° = ioo�
Bearings shown hereon based on the City of
Denton GIS Network,
NOTES:
.
.
.
1(nyhlll Pnlnt k Bodp Shop
VoL 2051, Pg, 608
�� �.r�„t.
,�`�;: •�`ST���,,-Z� �
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r: , � .,,,
}OHN?�f.�rti.',;;ELL 1?
.,., ,l..
.1��.,�zt.� „�,,, �
I.R.F. =1/2" Iron Rod Found
i-�.S.=-1/ '�2-'--Ifon Rod Set with
yellow cap stamped °Arthur
Surveying Company"
All improvements not shown hereon,
Easements recorded in Vol. 197, Pg,
6& Vol. 264, Pg. 151 as assigved in
Vol. 756, Pg. 669 do not affect this
tract to the best ofmy knowledge.
Easement recorded under Instrumenf
No. 2006-131887, does not affect the
subject tract,
\
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SURVEYORS CERT�TCATION:
Tho undorsigned dors 6ereby cettify W Titla
Resouroes (G.P, No.10?AS� iLet thls survey was
tLis dey made on tLe ground of the property legally
descdbcd 6orcon and is comcS and fa t6e bestof
myknowlcdga, thore aro no visi6lo diacrcpancioa,
conflicts, sLortages in area, boundery ]ioe conflicts,
enorosohmm(s, ovedapptng ofimprovemeats,
. ea�cmcats�orrighfs of�vaydterF�gve been advisrd
of ozcept a+ ahown 5ereon.
rthur Surveying Co., I nc.
Professional F1a.nd Surveyors
P.O,Bos 54 – Lexisville, Tesas 75067
Office: (972) 221-9439 Faa: (972) 221-4675
Established 1988
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 ����'
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager,
or his designee, to execute a Purchase Agreement (herein so called), as attached hereto and made
a part hereof as Exhibit "A", by and between the City of Denton (the "City"), as Buyer, and
Joyce A. Brearley and Lucy L Barber, Co-Tnistees of the Leroy Barber and Lucy L Barber
Family Tnist, dated May 18, 1994 (the "Owner"), as Seller, contemplating the sale by Owner
and purchase by City of a 0.398 acre tract of land, more or less, being generally located in the
1100 block of South Mayhill Road, in the M.E.P. & P.R.R. Company Survey, Abstract No. 927,
in the City of Denton, Denton County, Texas (The "Property Interests") for the Purchase Price of
Seventy five Thousand Dollars and No Cents ($75,000.00); authorizing the City Manager, or his
designee, to execute and deliver any and all other documents necessary to accomplish closing of
the transaction contemplated by the Purchase Agreement; authorizing the expenditure of funds
therefor; authorizing relocation expenditures; and providing an effective date. (Mayhill Road
Widening and Improvements Project— Parcel M115)
BACKGROUND
The City Council considered and approved an offer (May 15, 2012) and final offer (August 21,
2012) to purchase the captioned land rights, both offers being for the purchase price of
$SS,OOO.00
The Owner has recently engaged in formal negotiation dialogue and counters with the captioned
purchase amount, along with the right to retain and salvage any improvements presently situated
upon the subject fee acquisition tract, as settlement of the matter.
Situated within the subject fee acquisition tract is a mobile home, presently under residential
lease. The Proj ect requires removal of the mobile home and consequently displacement of the
occupying tenants.
As per state statute changes precipitated by the passage of Senate Bill 18, the occupants of the
mobile home situated within the subject acquisition tract are entitled 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.
Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase
transaction with the property owner, as well as providing for Relocation Assistance to the
impacted occupying tenants.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
May 15, 2012 (Offer to Purchase Ordinance 2012-103)
August 21, 2012 (Final Offer to Purchase Ordinance 2012-180)
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP `08) funds and City of Denton local match funds. The purchase
price of $75,000.00 plus closing costs, as prescribed in the Agreement, and any eligible relocation
assistance benefits are to be funded through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
Prepared by,
� r
� �������
Paul Williamson,
Real Estate Manager
Respectfully subnutted,
������
�
Franlc G. Payne, P.E.
City Engineer
�oca t i on M a p BARBER Parcel M115
EXHIBIT 1 attachment to �IS Mayhill Road Widening and Improvements
s:\legal\our documents\ordinances\13\barber counteroffer ordinance.doc
ORDINANCE NO, 2013-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE A PURCHASE AGREEMENT (HERElN
SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A",
BY AND BETWEEN THE CITY OF DENTON (THE "CITY"), AS BUYER, AND JOYCE A,
BREARLEY AND LUCY I. BARBER, CO-TRUSTEES OF THE LEROY BARBER AND
LUCY I. BARBER FAMILY TRUST, DATED MAY 18, 1994 (THE "OWNER"), AS
SELLER, CONTEMPLATING THE SALE BY OWNER AND PURCHASE BY CITY OF A
0,398 ACRE TRACT OF LAND, MORE OR LESS, BEING GENERALLY LOCATED IN
THE 1100 BLOCK OF SOUTH MAYHILL ROAD, 1N THE M,E,P. & P.R.R. COMPANY
SURVEY, ABSTRACT NO. 927, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS
(THE "PROPERTY 1NTERESTS") FOR THE PURCHASE PRICE OF SEVENTY FIVE
THOUSAND DOLLARS AND NO CENTS ($75,000,00); AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE AND DELIVER ANY AND ALL OTHER
DOCUMENTS NECESSARY TO ACCOMPLISH CLOSING OF THE TRANSACTION
CONTEMPLATED BY THE PURCHASE AGREEMENT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AUTHORIZING RELOCATION
EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City of Denton made offers to the Owner to purchase the Property
Interests (i) on May 24, 2012, pursuant to Ordinance No. 2012-103, passed and approved by the
City Council of the City of Denton on May 15, 2012; and (ii) on August 29, 2012, pursuant to
Ordinance No. 2012-180, passed and approved by the City Council of the City of Denton on
August 21, 2012 (collectively, the "Prior Offers");
WHEREAS, Owner has made a counteroffer to the Prior Offers of City;
WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to
agree to same; 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. 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 execute for and
on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A", with a purchase price of $75,000.00
and other consideration, plus costs and expenses, all as prescribed in the Purchase Agreement;
and (ii) any other documents necessary for closing the transaction contemplated by the Purchase
Agreement.
s:Uegal\our documents\ordinances\13\barber counteroffer ordinance.doc
SECTION 3. The City Manager is authorized to make expenditures in accordance with
(i) the terms of the Purchase Agreement; and (ii) Ordinance No. 2012-073, dated April 17, 2012,
pertaining to relocation related expenses and advisory services.
SECTION 4, 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 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
B ���� .��,
Y•
Page 2
EXHIBIT "A"
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOV�, 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 �`°.�. �? �� ° ,'"��� ,
2013, but effective as of the date provided below, between Lucy I. Barber and Joyce A. Brearley,
Co-Trustees of the Leroy Barber and Lucy I. Barber Family Trust, dated May 18, 1994, and
amended on March 20, 2006 (referred to herein as "Owner") and the City of Denton, Texas
("City").
WITNESSETH:
WHEREAS, Lucy I. Barber and Joyce A. Brearley, Co-Trustees of the Leroy Barber and
Lucy I. Barber Family Trust, dated May 18, 1994, and amended on March 20, 2006, is the
Owner of a tract of land (the "Land") in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927,
being affected by the public improvement project called the Mayhill Road Widening and
Improvements Project ("Project"); and
WHEREAS, City is in need of certain fee simple lands, being a part of the Land, related to
the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acicnowledged, the parties agree as
follows:
1. A. At Closing, the Owner shall grant, execute, and deliver to the City a Special Warranty
Deed (herein so called), conveying to the City, subject to the reservation described below, the
tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain Special
Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special Warranty
Deed being attached hereto as Attachment 1 and made a part hereof.
The Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1 ".
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 kind or type in connection with or related to the
reserved oil, gas and other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall
exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances (except oil and gas) which are at or near the surface of the
Fee Lands. The intent of the parties hereto is that the meaning of the term "minerals" as utilized
herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
�
, ,
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Fee Lands to the City, the City shall
pay to Owner (i) at Closing, the sum of Seventy Thousand and No/100 Dollars ($70,000. 00) (the
"Pre-Removal Compensation"); and (ii) upon timely completion of the Removal Activities, as
defined below, the sum of Five Thousand and No/100 Dollars ($5,000.00). The monetary
compensation prescribed in this Section 2 is herein referred to as the "Total Monetary
Compensation". In the event the Removal Activities shall not be completed on or before the end
of the Removal Period, the provisions of Sections 2.A. and 2.B., below, shall apply.
2.A. Owner, on or before ninety (90) days after the Tenant Move-Out Date (the "Removal
Period"), (i) shall remove from the Fee Lands (the "Removal Activities"), the 1978 Lancer
mobile home, complete Serial Number: TX 318937 (the "Trailer"); and (ii) may remove any
other fixtures and/or personal property located on the Fee Lands (with the Trailer, the
"Improvements").
2.B. If Owner has failed to remove the Trailer from the Fee Lands on or before the end of the
Removal Period, the Total Monetary Compensation due Owner shall be solely the sum of
Seventy Thousand and No/100 Dollars ($70,000.00).
After the end of the Removal Period, in the event any Improvements are then located upon the
Fee Lands, such Improvements shall be deemed abandoned by Owner and Owner shall have no
further claim thereto, of any lcind or nature, and the City may dispose of any such Improvements
at its sole discretion without any further obligation to Owner, including, without limitation, any
obligation to pay any further compensation to Owner. For the sole purposes of this Section 2.B.,
it shall be deemed that the Pre-Removal Compensation includes compensation for the
Improvements located on the Fee Lands after the end of the Removal Period.
3
� i
For the purposes of this Agreement, the Tenant Move-Out Date (herein so called) shall be
established by written notice of same from the City to Owner. In any event, the Tenant Move-
Out Date shall not be later than May 17, 2013.
3. The Owner shall convey and grant to the City the Fee Lands 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, 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 either (i) waiving the defects related to the remaining
Encumbrances by notice in writing to Owner on or prior to the Closing Date, upon which the
remaining Encumbrances shall become Permitted Exceptions (herein so called), and proceed to
close the transaction contemplated by this Agreement; or (ii) terminating this Agreement by
notice in writing to Owner, in which latter event Owner and City shall have no further
obligations under this Agreement.
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, value of, damage to and/or costs of repair, replacement and/or
relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of
any lcind, including without limitation, residential structures located within the Fee Lands,
related to activities conducted pursuant to the City ownership of the Fee Lands, interference with
Owner's activities on other property interests of Owner, caused by or related to activities related
to the Project on the Fee Lands, whether accruing now or hereafter, and Owner hereby releases
for themselves, their heirs, devisees, successors and assigns, City, it's officers, employees,
elected officials, agents and contractors from and against any and all claims they may have now
or in the future, related to the herein described matters, events and/or damages.
�
5. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC,
525 South Loop 288, Suite 125, Denton, Texas 76205 ("Title Company"), with said Title
Company acting as escrow agent, on the date which is 180 days after the Effective Date, unless
the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In
the event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County
holiday, the Closing Date shall be the next resulting business day.
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
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 the Closing Date) 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 City 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.
5
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 1N
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 (ii) enter into any
Agreement that will be binding upon the Fee Lands or upon the Owner with respect to the Fee
Lands after the date of Closing.
11. Owner shall (a) deliver to City, a true, correct and complete copy of the trust agreement of
the Leroy Barber and Lucy I. Barber Family Trust, dated May 18, 1994, and amended March 20,
2006, identifying the "true owner" of the Fee Lands; and (b) identify the "true owner" of the Fee
Lands to City, all in accordance with Section 2252.092 of the Texas Government Code.
12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall
be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein,
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 certiiied, return receipt
requested, postage prepaid, addressed as follows:
�
• ./� '
Lucy I. Barber and Joyce A. Brearley
Co-Trustees of the Leroy Barber and
Lucy I. Barber Family Trust
� . , .-�.
Phone��;��� � � �. --f �.� s� .
� -
Copies to:
For Owner:
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Citv:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
13. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement. Relocation
advisory services and relocation financial assistance, if applicable pursuant to Ordinance No.
2012-073 (the "Relocation Ordinance") shall be administered as provided by the Relocation
Ordinance, aside and apart from the transaction contemplated by this Agreement.
14. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Special Warranty Deed and/or Easement.
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Property, City may, at its election, terminate this Agreement at any time prior
to Closing.
16. Authority to take any actions that are to be, or may be, talcen by City under this Agreement,
including without limitation, adjusting the Closing Date of this Agreement, is hereby delegated
7
by City, pursuant to action by the City Council of Denton, Texas, to Frank Payne, City Engineer
of City, or his designee.
CITY OF DENTON, TEXAS
By:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: , 2013
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
Date: , 2013
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� ���
BY: �a�.
Date: ��y� � �. � f , 2013
OWNER:
i�
__ W'� �`� [,�/�
X~, � i�,«.'xX`:%j.. Ij� . .�i i � 'C.r� "���,7�
��� �t
LUCY I. BA1�ER, CO-TRUSTEE OF THE
LEROY BARBER AND LUCY I. BARBER
FAMILY TRUST, DATED MAY 18, 1994, AND
AMENDED MARCH 20, 2006
�
:�s � s �.,, `.� - _� ' G�i ° ,�
J CE . BREARLEY, CO-TRUST� OF THE
LEROY BARBER AND LUCY I. BARBER
FAMILY TRUST, DATED MAY 18, 1994, AND
AMENDED MARCH 20, 2006
Date: ,�-� �.��� , 2013
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 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
:
Printed Name:
Title:
Contract receipt date: , 2013
10
ATTACHMENT 1
to
Purchase Agreement
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
That Joyce A. Brearley and Lucy I. Barber, Co-Trustees of the Leroy Barber and Lucy I.
Barber Family Trust, dated May 18, 1994, and amended on March 20, 2006 (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" and depicted on Exhibit "B", both
attached hereto and made a part hereof for all purposes, and being located in Denton County,
Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys
and rights of way and together with all and singular the improvements and iixtures thereon and
all other rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for 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 andlor related to exploration and/or production of the oil,
gas and other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or any
deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries,
pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support
for any surface facilities or well bores, or any other infrastructure or improvement of any lcind or
type in connection with or related to the reserved oil, gas and other 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.
This conveyance is subject to the following:
[Insert Permitted Exceptions, if any]
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns
forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to
WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and
Grantee's successors and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof when the claim is by, through, or under Grantor but not
otherwise.
EXECUTED the day of , 2013
Joyce A. Brearley, Co-Trustee of the Leroy Barber and
Lucy I. Barber Family Trust, dated May 18, 1994,
and amended on March 20, 2006
Lucy I. Barber, Co-Trustee of the Leroy Barber and
Lucy I. Barber Family Trust, dated May 18, 1994,
and amended on March 20, 2006
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on , 2013 by
Joyce A. Brearley, Co-Trustee of the Leroy Barber and Lucy I. Barber Family Trust, dated May
18, 1994, and amended on March 20, 2006.
Notary Public, State of Texas
My commission expires:
THE STATE OF
COUNTY OF
r�
�
ACKNOWLEDGMENT
This instrument was acicnowledged before me on , 2013 by Lucy I.
Barber, Co-Trustee of the Leroy Barber and Lucy I. Barber Family Trust, dated May 18, 1994,
and amended on March 20, 2006.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, TX 76209
Notary Public, State of Texas
My commission expires:
Tax Bills To:
City of Denton Finance Department
215 East McKinney Street
Denton, Texas 76201
EXHIBIT "A" - to Special Warranty Deed
rthur �urveying Ca., I ne.
.�"'a~v�'�ss�ox�ea,.F �.��cat Saxrsr�,�-csrs
P.O: Bo� S4 �-- Lewisville; Texas 75067
Of�cc: (972) 221-9439 -� F�a: (972) 22 L-4E>75
EXHIBIT «A»
' MAYHILL ROAD
PARCEL M115
0.398 Acre
n n enton Coun
Texas
of e to D
Ci D
t3' � t3'�
BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927,
City of Denton, Denton County, Texas, and being part a tract of land described by deed to Leroy Barber and wife,
Lucy Barber, recorded in Volume 465, Page 110, Deed Records, Denton County, Texas (D.R.D.C.T.), and being
more particularly described as follows:
BEGINNING at a"PK"Nail set for the southeast corner of said Barber tract and the northeast corner of a tract of
land described by deed to Richard Moon and wife, Shirley Moon, recorded in Volume SOS, Page 216, D.R.D.C.T,,
and being in the existing Mayhill Road;
THENCE South 89 degrees 03 minutes 42 seconds West, with the southline of said Barber tract and the north line
of said Moon tract, a distance of 29.02 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying
' Company„{A.S.C.) set for corner;
THENCE South 88 degrees 40 minutes 02 seconds West, with the south line of said Barber tract and the north line
of said Moon tract, a distance of 1330 feet to an "X" set for corner in concrete;
THENCE South 75 degrees 37 minutes 02 seconds West; with the south line of said Barber tract and the north line
of said Moon tract, a distance of 48.92 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner;
THENCE South 40 degrees 31 minutes 33 seconds West, with the south line of said Barber tract and the north line
of said Moon tract, a distance of 16.69 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner;
THENCE North 02 degrees 38 minutes 08 seconds Easfi, over and across said Barber tract, a distance of 142.04 feet
to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner;
THENCE North 44 degrees 00 minutes 56 seconds West, over and across said Barber tract, a distance of 27.46 feet
to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner; '
THENCE North 02 degrees 38 minutes 08 seconds West, over and across said Barber tract, a distance of 25.36 feet
to a"PK" Nail set for corner on the north line of said Barber tract, and being in Gayla Drive;
(continued)
crio�i3i-a�
Parcel M 115
EXHIBIT "A" - to Special Warranty Deed
. In .
rthur �urve in Co c
Y �
�
.F'.r�a�"essiox�� L::�ex� Sax.��,�c�xs
��
' F.O. Bax 54 --- Lewisvilie, Texas 75067
Ofrce: (972) 221-9439 -� Fax: (97?) 22T-4675
THENCE North 89 degrees 20 minutes 02 seconds East, with the north line of said Barber tract and said Gayla
Drive, a distance of 119.28 feet to a"PK" Nail set for the northeast corner of said Barber tract; and being,in the
existing Mayhill Road;
THENCE South 02 degrees 35 minutes 02 seconds West, with the east line'of said Barber tract and with said
Existing Mayhill Road, a distance of 162.90 feet to the POINT OFBEGINNING and containing 0398 acre of
land, of which 0.168 acre lies within the existing Mayhill Road.
`
,� • � � �,
,goQ' ,��3��°���e
��� ,�3
��i���� � � ���� � 2�
:%�, ����� ���
.
�°'��, ������� �
����;��
C 1107131-24
Pazcel M115
EXHIBIT "B" = to Special Warranty Deed
I R. F.
(�C.M.)
I
� ; N
� Walter ftonnie Kingston &
'fe, Margaret Ann Kingston zo
Volume 760, Page 599 � �
c.vn�
�
� � � � 60 0 30 60 I
I � �
occupled north I7ne — I SCALE: 1" = 60'
of Ga�ia drive _J Bearings shown hereon based on the City of
N$9°2�r02u�., Denton GIS Network.
"PK" Noil
Gay'�.a set 119.28' r1oTES:
'- ---- -P1-d �P Se{ ail . I.R.F. = 5/8" Iron Rod Found
�r1vPi .L6 Dedication • I.R.S 1/2" Iron Rod Set with
fence ellow ca stam ed "Arthur
(no ROW documents found) �� x� �( 7,310 sq. ft) Q Y P P
� � ��i Surveymg Company"
oecupied south Ilne � J,R.S. �y
of Gayfa drive L5, x x � � � � �� • All improvernents not shown hereon.
• Blanket easements recorded in Vol.
I.R.S I � nj �y� 199, Pg. 616, Vol. 341, Pg. 265
(10,032 sq: ft.) �+�� b _ y assigned in Vol. 367; Pg. 242 & Vol.
b 362, Pg. 524, Vol. 410, Pg. 173
� �y�� �� �� affected by Vol. 113, Pg. 130; Vo1.
cy ezisting. .o � N �""� � 410, Pg: 177 include this tract:
�' restdenc,� � � � � . Easements recorded in Vol. 316, Pg.
��" a V'� �j� 10; Vol. 398, Pg. 612 & Vol:-47Q Pg.
�' a o 17 do not affect this tract to tne best
o �a�� � � ofmy knowledge.
� X �� �
� � � ' � New Parcel A.230 ac. (10,032)
o _,_J
Leroy Barber & wife, � g a� ` Existing Implied Dedication 0.168 ac. (7,310 sq. ft.)
Lucy sarber /� ��set �' s. "PK" Nn�i 0.398 Acre (1�,342 sq. ft.)
Volume 465, Page iio �, � R S L2 L� set Parcel M115
�. L3
�,• i.R.s. L4
Drainage Eosement T /� T
�� Tem arar CnnstructTon Vol. 5024, Pg. 689 1-! V K
P Y VoL 5329, Pg. 2212 1• ♦ JJ •
Easement
� Vol. 5024, Pg. 689 3
t,�g . Vol. 5329. Pg. 2212
4� / � �
,�, �°` � �
RichShirleq Mo nwtfe, o N ��� �4�°• <„�°�„
�� � Volume 505, Page 216 v� ���' O'a �
/ �� �
�_ a.... . 1 2
����� : � �� �
Richard Moon & wife. �s0e 4 �.s ^ o
Shirley Moom �`„S�>p���"�'��,���'�
Volume 479, Page 431 ✓� '. e.,.• �
(remainder) »PK�� Npif � �'�y���i
Found
; (C.M.)
SURVEYORS CERTIFICATION: '
T.TNR TA RT;F. T7�e andersigned does hereby certify to TiWe
Resources (G P No 102622) that Uris survey was
EXHIB IT � � B � � L2 �
Mayhill Raad a. ;
Parcel M115 L6 ;
0.398 ` Acre
M.E.P. & P.R.R. Co. Survey,
Abstract Number 927
City of Denton
Denton County, Texas
__ 2012 --
'110 131-24-Parce�M11 �
%��2 °w
1'33 "W
-
29.02r this day made on the ground of the Property legally
described Lereon and ia correct, and to tLe best of
13.3 Q� my knowledge, there are no viaible discrepancies,
48.92� CO�'cts, shortages in area, bouudary liae conflicts,
encroachments, overlsppiag ofimptovements,
� 6.69r easements or rights of waytliat I Lave been advised
of except as shown hereon:
27.46,
25.36'
rthur Surveying Co., I nc.
Pror�essionat r.aua survCyars
P.O.Bog 54 — Lewiaville, Tegas 75067
Office: (972) 221-9439 Fas: (972) 221-4875
Estatblished 19$6
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 ����'
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 0295 acre tract located in the David Hough Survey, Abstract Number 646, and being
a part of Lot 1R, Block F of Providence Place II, an Addition to the City of Denton, according to
the Plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas, as more
particularly described on Exhibit "A" attached hereto and made a part hereof, located generally
in the 3900 Blocic of Quailcreelc Road (a private street) (the "Property Interests"), for the public
use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the
City Manager or his designee to malce an offer to (1) Quail Creelc South, LP (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 Thirty Eight Thousand Four Hundred Nineteen Dollars and No Cents ($38,419.00), 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. (Mayhill Road Widening and Improvements Project — Parcel M236)
BACKGROUND
In accord with the current Mayhill Road Widening and Improvements proj ect initiative (the
Project), staff is undertalcing the identification of the additional land rights necessary to
accommodate the constniction and operation of the improved roadway. Pyles-Whatley
Corporation has been engaged to provide real estate appraisal services in regard to those
identified tracts that will be directly impacted by the project.
In respect to the tract owned by Quail Creek South, LP, the Project requires the acquisition of a
0.295 acre fee tract for street purposes, no compensable improvements exist within the Fee Tract
Pyles-Whatley Corporation has provided a real estate appraisal report in regard to Quail Creelc
South, LP's 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)
No prior action or review regarding the identified acquisition tract affecting property owned by
Quail Creelc South, LP.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP `08) funds and City of Denton local match funds. The purchase
offer price of $38,419.00 plus closing costs, as prescribed in the Agreement are to be funded
through a combination of these sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
Prepared by,
� r
� ������
Paul Williamson,
Real Estate Manager
Respectfully subnutted,
������
�
Franlc G. Payne, P.E.
City Engineer
�oca t i on M a p Quail Creek South L.P. Parcel M236
EXHIBIT 1 attachment to AIS Mayhill Road Widening and Improvements
EXHIBIT 2 attachment to AIS
s:\legal\our documents\ordinancesU3\quailcreek soutli ordinance.doc
ORDINANCE NO. 2012-
AN ORDiNANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE FEE SIMPLE TO A 0.295 ACRE TRACT LOCATED 1N THE DAVID HOUGH
SURVEY, ABSTRACT NUMBER 646, AND BE1NG A PART OF LOT 1R, BLOCK F OF
PROVIDENCE PLACE II, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO
THE PLAT THEREOF RECORDED 1N CABINET X, PAGE 905, PLAT RECORDS,
DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE
3900 BLOCK OF QUAILCREEK ROAD (THE "PROPERTY INTERESTS"), FOR THE
PUBLIC USE OF EXPANDING AND IMPROVING MAYHILL ROAD, A MUNICIPAL
STREET AND ROADVJAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO MAKE AN OFFER TO (1) QUAIL CREEK SOUTH, LP (THE "OWNER"); (2)
SUCCESSORS 1N 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 1NTERESTS FOR THE PURCHASE PRICE OF THIRTY
EIGHT THOUSAND FOUR HUNDRED NINETEEN DOLLARS AND NO CENTS
($38,419.00), 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 FLJNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAlNS:
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 acquisitiori
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 Property 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 $38,419.00 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) malce 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 , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� �
By; ��.�
MARK A, BURROUGHS, MAYOR
" s EXHIBIT "A" - to Ordinance (Property Interests)
<,
rthur Surveying Co., I nc.
.�xoaF"esszoarz�.Y L.��d Saxx��,yoars
i'.O: Bos 54 --- Lewieville, Teaas 75067
Of�ice: (972) 221-9439 �� Ftt�; C972) 221-�}675
EXHIBIT ��A��
MAYHILL ROAD
- PARCEL M236 ,
0.295 Acr��
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of
Denton, Denton County, Texas, and being part of Lot 1R, Block F of Providence Place II, an addition to the, City of
Dentan, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905; Plat Records, Denton
County; Texas (P.R.D.C,T.), and being more'particularly described as fo116ws;
COMMENCING at a 5/8 inch iron rod with cap stamped "Cotton.Surveying" found for the most easterly southeast
corner of said Lot 1R, same point bemg in the north line of Donnally Addition, an addition to the City of Denton,
Denton County, Texas, according to the plat thereof recorded in Cabinet O, Page 77, P,R.D.C,T. and being in the
existing west right-of-way line of IVlayhill Road;
THENCE South 88 degrees 02 minutes 42 seconds West, with a south line of said Lot 1R and the north line of said
Donnelly Addition, passing the northwest corner of said Donnelly Addition, continuing on for a total distance,' of
585.70 feet to a 1/2 inch iron rod.with yellow cap stamped "Arthur Surveying Compariy" (ASC) set for the FOINT
OF BEGINNING, sarne point being in the north line of a tract of land described by deed to Robei�t P, Donnelly,
recorded in Volume 3384, Page 905, D'eed Records; Denton County, Texas (D.R.D,C,T,);
THENCE South 88 degrees 02 minutes A2 seconds West, with the south line of said Lot 1R and the north line of'
said Donnelly tract, a distance of 246,58 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; '
THENCE North Oi degrees 58 minutes 58 seconds West, 6ver and across said Lot 1R, a distance of 49,45 feet to a
1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the norkh line of said Lot 1R and the south line of
a tract of land described by deed to ICevin Nelms, recorded iri Volume 3432, Page 911, D,R.D.C.T;;
THENCE Nortfi 88 degrees 01 minutes 21 seconds East, with the north line of said Lot 1R and the south line of said
Nelms tract, a distance of 273,09 feet to a 1/2 inch iron rod with yellow cap sfamped "ASC" set for corner at the
beginning of a non-tangent curve to the left, having a radius of 917.00 feet;
THENCE over and aci�oss said Lot 1R, with said curve to the left, tlu•ough a central angle of 03 degrees 30 minutes
41 seconds, whose chord bears South 26 degrees 10 minutes 19 seconds West at 56,19 feet, having an arc length of
56.20 feet to the POINT OF BEGXNNING and containing 0.295 acre of land,
N
0�
N
�
J
M°
V�•
C1107131-43
Parcel M236
.. � EXHIBIT "A" - to Ordinance (Property Interests)
NOTES:
• I.12.F.C. = 3/8" Tron Rod Found with
cap stamped "Cottou SurVeying"
• T.R.S. =1/2" Tron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon.
• Easements recorded'in Vol. 5322, Pg.
1107, CC# 2006-64791, CC#
2010-56138 & CC# 2005-99399 do
not affect subject tract,
• Gas line shown was not field verified.
Location provided by others.
Lot, 1R, Bloek F
Providenca Place II
Cabinet X, Page 90B
�3' Goa Eosement
instrr No. 2008-34815
S88'01'2 ;`W
955,8� I;R:S. N88°0121'E 273.719'
"�L' " _
..��.��.�..•.....�..��
I, :F. q. NOl°S 4S8��y�'
��M,) 49
t �� S88°02'42' 246.58' -
— I rI,R.S.
(2.030 aores
remaining) 0:295 Acre t,=, :.
Parcel M236
(9,266 sq, ft.)
�
p
N
100 0 50 100
SCALE: 1" =100' '
Beatings Shown hereon based on the Citybf
� � � T)rntnn C7TC Netwnrk. � �
Kevtn Neltns eE, aL ,
Volume 3432, Page 911
gqs llne
see note
50' Publfc'Ufllfty, Drofnage,
Emergency and Mutua� Access�--
� Easement C,Q.y99-99834 per plat
,--\ N8562�62' E � �� M��
� �Q
Robert P, Donnelly
Volume 3384, Pa e 906
(remalnder�
EXHI� IT '' B "
Mayhill Road
Parcel M236
0.295 Acre
�'art of Lot 1R, Block F
Providence Place II
City of Denton
Denton County, Texas
-- 2012 --
�
I. R. S. _ – .–�/1–�–� – – ----
� R=917.00' L=56,20' �o;8b6 aora
:._.---- Q-03 °30'41 " remaining) � f� M C�,
Chd.=S26°10'19°W 56.19' _� �`' �
� ....-- - -
S: � �- S88'02'4,�„w _ � –
585,70 ,...
� – — --
�,
11 \� Donnelly Addition //��
, �~�Cabinet 0, Page 77 P•�J ��•
� � Robert P. Donnelly
\ Volume 3384, Pa e 906
� (remainder�
\ 1
1� ` ,�� O F TF.�.
`N
SURVEYORS CERI7FICATION:
Tha uuderelgned does fiereby certity to T1tle
Resources (C}.F. No. 112091) tLat tlils aurvay wes
tlila day mada on the ground of tha propetty lagelly
descrl6ed Lereon and ls cor�tict, and to rha best of ,
my knowledgq thare aro no'viaible dtecrapanctos,
conflicts, ehortages tq srex, bounJBry liue confltcts,
encroachtnenta, ovarlapping ofimptov�menta,
esaemenfe orrlghts of ivay tl�at ILeva 6ean advised
of axcept ea shown heteon.
rthur Surveying Co., Inc.
Professional Land Surveyors
P�O.Bos 54 – Lewiaville, Tesas 76087
Office: (972) 221-9439 Fax: (972) 221-4875
Eetablished 1988
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
2013, but effective as of the date provided below, between Quail Creelc South, LP, a Texas
limited partnership (referred to herein as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Quail Creek South, LP, a Texas limited partnership, is the Owner of a tract of -""
land (the "Land") in the David Hough Survey, Abstract Number 646, Denton County, Texas,
being affected by the public improvement project called the Mayhill Road Widening and
Improvements Project ("Project"); and
WHEREAS, City is in need of cei�tain fee simple lands, being a part of the Land, related to
the Proj ect; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acicnowledged, the parties agree as
follows:
1. A, At Closing, the Owner shall grant, execute, and deliver to the City a Special Warranty
Deed (herein so called), conveying to the City, subject to the reservations described below, the
tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain Special
Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special Warranty
Deed being attached hereto as Attachment 1 and made a part hereo£
The Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1 ".
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 kind or type in connection with or related to the
reserved oil, gas and other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall
exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands. The intent
of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S,W.2d 743 (Tex. 1980).
�
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Fee Lands to the City, the City shall pay
to Owner at Closing the sum of Thirty Eight Thousand Four Hundred Nineteen and No/100 Dollars
($38,419.00), 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 free and clear of all debts, liens and
other encumbrances (the "Encumbrances"). The Owner shall assist and suppoi�t 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, 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 either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Ciosing 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. 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, value of, damage to and/or costs of repair, replacement and/or relocation of any
improvements, turf, landscape, vegetation, or any other structure or facility of any lcind within the
Fee Lands related to activities conducted pursuant to the City ownership of the Fee Lands, and
interference with Owner's activities on other property interests of Owner, caused by or related to
activities related to the Project on the Fee Lands, whether accruing now or hereafter, and Owner
�
hereby releases for itself, its successors and assigns, the City, it's officers, employees, elected
ofiicials, agents and contractors from and against any and all claims they may have now or in the
future, related to the herein described matters, events and/or damages,
5. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC, 525
South Loop 288, Suite 125, Denton, Texas, 76205 ("Title Company"), with said Title Company
acting as escrow agent, on the date which is 90 days after the Effective Date, unless the Owner and
the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the
Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the
Closing Date shall be the next resulting business day.
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 Closing Date. If
the actual amount of taxes for the calendar year in which Closing shall occur is not lcnown as of the
Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of
taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The
result of such proration is that the Owner shall pay for those taxes attributable to the period of time
prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to
change of land usage or ownership occurring prior to the Closing Date) 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 `Bffective 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
4
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
sucfi default shall be continuing after ten (10) days written notice of default and opportunity to cure,
Owner may, as its sole and exclusive reinedy, 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 1N 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 (ii) enter into any agreement
that will be binding upon the Fee Lands, or upon the Owner with respect to the Fee 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:
O WNER:
Quai1 Creek South, LP
Phone_
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
5
Copies to:
For Owner: For City;
Telecopy:
Richard Casner, First Assistant 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 taken all actions necessary to authorize
the party executing this Agreement for and on behalf of Owner to bind, in all respects, Owner to
all terms and provisions hereof; and (ii) this Agreement is binding and enforceable, in all
respects, against the Owner.
14. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deed,
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 Fee Lands, City inay, 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
By:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: , 2013
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
Date: , 2013
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
BY: ��� �s �`�'
_.��_����,
Date; �'�°''� �� , 2013
�� � ►__' .
Quail Creelc South, LP,
a Texas limited partnership
By: _
Name:
Title;
Date:
2013
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 compiy 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,
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone; (940) 381-1006
Telecopy: (940) 898-0121
:
Printed Name:
Title:
Contract receipt date: , 2013
E:3
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 Quail Creek South, LP, 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 sufficiency of which
are hereby acicnowledged and confessed, has GRANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY, unto Grantee all the real propei�ty
in Denton County, Texas, being particularly described in Exhibit "A" and depicted in
Exhibit "B", 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 tanlc batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well
bores, or any other infrastructure or improvement of any kind or type in connection with
or related to the reserved oil, gas and other minerals, and/or related to the exploration or
production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances that any reasonable extraction, mining or other
exploration and/or production method, operation, process or procedure would consume,
deplete or destroy the su��face 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 foi�th 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]
This Deed is subject to that certain Purchase Agreement, dated on or about
, 2013, by and between Grantor and Grantee.
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 ciaim the same or any part thereof, by, through or under Grantor, but not
Page 2 of 3
otherwise,
EXECUTED the
THE STATE OF TEXAS
COUNTY OF DENTON
day of
`�
`�
2013.
Quaii Creek South, LP,
a Texas limited partnership
By: _
Name:
Title:
Date:
ACKNOWLEDGMENT
2013
This instrument was acicnowledged before me on , 2013 by
, of Quail Creelc South, LP, a
Texas limited pai�tnership, on behalf of said limited partnership,
Upon Filing Return To;
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
Notary Public, State of Texas
My commission expires:
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
,
, .�
EXHIBIT "A" - to Special Warranty Deed
�.
rthur Surveying Co., I nc.
.1�'rofesszoxz�.F ..�.�� Sx.zx^st�,yors
P.O. Bo� 54 -- I.ewisville, Teaas 75067
Office: (972) 221-9439 •� FAx: (972) 221-4675
EXHIBIT "A"
MAYHILL ROAD
PARCEL M2�6 ,
0.295 Acr��
City of Denton, Denton County, Texas
BEING all that certain lot, tract or patcel of iand situated in the David Hough Survey, Absfract Number 646, City of
Denton, Denton County, Texas, and being part of Lot 1R, Block F of Providence Place II, an addition to the, Gity of
Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905; Plat Records, Denton
County; Texas {P.R,D,C,T.), and being more'particularly described as follows:
COMMENCING at a 5/8 inch von rod with cap stamped "Cotton.Surveying" found for the most easterly southeast
corner of said Lot 1R, same point being in the north line of Donnelly Addition, an addition to the City of Denton,
Denton County, Texas, according to the plat thereof recorded in Cabinet 0, Page 77, P.R.D,C.T. and being in the
existing west right-of-way line of Ivlayhill Road;
THENCE South 88 degrees 02 minutes 42 seconds West, with a south line of said Lot 1R and the north line of said
Donnelly Addition, passing the northwest coiner of said Donnelly Addition, continuing on for a total distance' of
585.�0 feet to a 1/2 inch iron rod .with yellow cap stamped "Arthur Surveying Compariy" (ASC) set for the POINT
OF BEGINNING, same point being in the north line of a tract of land described by deed to Robert P. Donnelly,
recorded in Volume 3384, Page 905, Deed Records; Denton County, Texas (D.R.D,C,T.);
THENCE South 88 degrees 02 minutes 42 seconds West, with the south line of said Lot 1R and the north line of'
said Donnelly fract, a distance of 246.58 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE North 01 degrees 58 minutes 58 seeonds West, dver and across said Lot 1R, a distance of 49.45 feet to a
1!2 inch �ron rod with yellow cap stamped "ASC" set for corner in the north line of said Lot lR and the south line o F,
a tract of land described by deed to Kevin Nelms, recorded in Volume 3432, Page 911, D.R,D.C.T.;
THENCE North 88 degrees O 1 minutes 21 seconds East, with the north line of said Lot 1R and the south line of said
Nelms tract, a distance of 273,09 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner at the
beginning of a non-tangent curve to the left, having a radius of 9 T7.00 feet;
THENCE over:and aci�oss said Lot 1R; with said curve to the left, through a central angle of 03 degrees'30 minutes '
41 seconds, whose chord bears South 26 degrees 10 minutes 19 seconds West �t 56,19 feet, having'an arc length of
56.20 feet to the POINT OF BEGINNING and containing 0.295 acre of land.
C1107131-43
Parcel M236
N
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EXHIBIT "A" - to Special Warrantv Deed
NOTES;
• I.12,F.C. = 5/8" Iron Rod Found with
cap Stamped "Cotton Surveying"
. T.R.S. =1/2° Iron Rod Set with
yellow cap stamped "Aithur
Surveying Company"
• All improvements not shown hereon.
• Easements recorded in Vol, 5322, Pg.
1107, CC# 2006-64791, CC#
2010-56138 & CC# 2005-99399 do
not affect subject tract,
• Gas line shown was not field verified.
Location provided by others.
15' Gos Easement
Instr: 'No. 2008-34815
S88'01'21 "W
955. 83' I, R. S. �
..� -�
1, : F. �j. NOl °58'S8"W 1
��M" 945, �
1
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N
100 0 50 i00
SCALE: 1" =100'
Bearings shown hereon based on the City of
1�enton C3IS Network. :
Kevin Nelcns eC, aL .
Volume 3432, Pege 911
gas Ilne
see note
Lot, SR, Block k' 50' Publlc<UfilitY, Drofnoga, '
Providence Place II Emergen�� 99�99834Aper plat
— Cabinet 7� Page 906. � Easemenl �`.
\ T' N88'01'21j'E -- ;
562.62 �� M�
- N88°0 2 E 2- 73.b9' I.R,s. - - --�- - - - -'�
.�.�--.��•���.•�.�.��� _ _RJ917.00' Ir56,20'
(0:866 aore I f.�.�.
�/�,.----- Z�=03°30'41" remaining) � t
C. M.
4 . _ Chd.=S26°10'19"W 56.19' _ ,
��..1�..��—�� "� C--� -�r_���
�—����
.. ����"•�"'�� 1 S88'02'42,"W'
' . I I. R. S. S88°02'42"W 246.58' �, � S. _ _ � - - � 585, 70 - - ____ � -
� �
(2.038 aarea 1 �
remaining) 0 295 ACre \ Donnelly Addition
Parcel M236 P. O��, \ 1 �~�Cabinet 0, Page 77 J, • V•�J •'
(9,266 sq. ft.) � � Robert P. Donnelly
Robert P. Donnelly 1 Volume 3384, Pa e 906
Volume 3384, Pa e 906 \ � (remainder�
(remainder� � �
,� \ EOF T�c
�Q'�: �.,\S!FA �'9�
EXHIBIT ''B"
May�hill Road
Parcel M236
0.295 Acre
1�'art of Lot 1R, Bloek F
Providence Place II
City of Denton
Denton County, Texas
-- 2012 --
., i.,��.�.,_.. ......�,.�. ..�.:�.,..��:.�..�,�........� .....,.. �..s.
� C 10 3 �-4 -Pefce 236 .
,N
SURVEYOR4 CERTIPICATION:
Tha uedoretgned does hereby certlfy to Tltla
Resources ((3.F. No. 112091) tLnt this suivay wns
tWe day mede on t6a ground of thaproperty legelly
descrl6ed hereon anG ls cortect and to the best of ,
my knowledga; thara ero no Vielble diectepaneies;
conflicfs, ahoitages ia erea, bounddry llno confl(eta,
encroaohments, overlepptng oflmpzov0menre,
easamants or rights of way thet ILeva been advtsed
of axcept as ehown hereon.
rthur Surveying Co., Inc.
Frofessional Land Surveyom
P.O.Hos 54 — Lewieville, Tegas 78087
OPfice: (972) 221-9439 Fax: (972) 221-4875
Eatablished 1986
i � T � i{'3 s � R—'!'S'^^T�y
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
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 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 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 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 therefore; and
providing an effective date. (Bonnie Brae Widening and Improvements Project- Parce125)
BACKGROUND
The City Council considered and approved an initial offer to purchase Property Interests on
October 16, 2012 for the purchase price of $150,163.00. (Ordinance 2012-292)
That initial offer to purchase land rights was extended to Harlan Properties, Inc. on October 26,
2012, via certified mail.
There has been interactive engagement with the property owner, however, there have not been
any substantive negotiations to date.
Approval of the ordinance under consideration authorizes staff to extend a Final Offer to Harlan
Properties, Inc. for the captioned land rights necessary for the road widening proj ect.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
October 16, 2012 (Offer to Purchase Ordinance 2012-094)
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,
� r
� ������
Paul Williamson,
Real Estate Manager
Respectfully subnutted,
������
�
Franlc G. Payne, P.E.
City Engineer
�ocation Map HARLAN - P25
EXHIBIT 1 Attachment to AIS Bonnie Brae Widening and Improvements
s:Vegal\our documents\ordinances\13Uiarlan properties final offer ord.doc
ORDINANCE NO. 2013-
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 0.02 ACRE, SAID TRACTS LOCATED 1N 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 1N 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 INTERESTS; 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, the City of Denton made an initial offer to the Owner to purchase the
Property Interests on October 26, 2012, pursuant to Ordinance No, 2012-292, passed and
approved by the City Council of the City of Denton on October 16, 2012;
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Propei�ty Interests by the City of
Denton, Texas (the "City"), The City Council hereby finds and determines that the acquisition
of the Property Interests is necessary for public use to provide street and roadway expansion and
improvements to serve the public and the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to malce the final
offer to purchase the Property Interests 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.
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) malce expenditures in accordance with
the terms of the Agreement.
SECTION 4. The City Manager, or his designee, is directed, by cei�tiiied 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 , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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2743 S, BONNIE BRAE
BARBARA SEAL
VDL,A639, PG.1209
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BARBARA SEAL
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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
l�l CONSULTIkG ENGINEERS dc PLANNERS
aoo sx Flaas otavE. stu'rE aoo
uuiNCTOt+. 'rfw.s �ernt (e��) a4a—e�s
THPE FlR1J� F-11G1/THPLS FlR4� 101b3a-DO
WITHIN
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GqAPHIC SChLE i'=100'
0 50 f00 ]50
DATE, SEPT�MBER'2012'�
J/Denton/P25-Row-i
EXHIBIT A- to Ordinance (Property Interests)
PAGE 2 OF 5
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LOT 73, SEC 2 L07 14A, S�C 2 � � ;
RONALD CORNELL RoNAL� CoRNEk(� 1 �
SOLAR WAY A�DITION, SOLAR WAY ADOITIDN� — ' ,
SECTION TWO SEC7ION TWO L�
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SEE SHEET i
BASIS OF BEARING iS NORTH AMERTCAN �A7UM
OF 1989 (NAD-B3) STATE PLANE CODRDZNATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 25—ROW--1
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OF WHICH 6,838 SQ. FT. LIES
� EXISTING RIGHT--OF--WAY OF BONNIE
SITUATED IN THE A. TOMPKINS
ABSTRACT N0. 1246,
^ Graham Associates,lnc. DEI�TON COUNTY, TEXAS
�(�r+, CONSULTING ENGINEERS d� PLANNERS
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APoJNOTON. iDCAS 7b01) 61� �4�-8538,...-,,.,.,.
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D 50 100 150
DATE: "` SEPTEI�IBER '2012
U/ UGI I � VI I/ rc.�-nun- a
EXHIBIT A- to Ordinance (Property Interests)
PAGE 3 OF 5
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D,R.D.C.T,
�= 10 °43'36"
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T=220.39'
L=439.49'
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PARCEL 25-ROW-1
BEING A
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NO7E: SE7 1/2" T.R. W/ GA2 CAP TO
BE..SET A.T.END.OF•CONSTRUCTTON
BASIS OF BEARING IS NORTH AMERICAN,DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, 7EXAS NORTH CENTRAL.
OF WHTCH� fi';53-8' SQ�." FT.` �IE`S°' i'�I�T�"TN�
EXISTING RIGHT-OF-WAY OF BONNIE �RAE STREET
SITUATED IN THE A. TOIViPKINS SURVEY,
ABSTRACT N0. 1246, �
D E NT 0 N C 0 UNTYp TE.AGiS GRAPHIC SCALE i'-t00'
0 50 �00 �50
;t =
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h Graham Associates,lnc.
/� �►�+ CONSUI.1lNG ENGINfERS � PLANNERS
ll�'s I e00 sIX FLACS DRlVE. SLIITE 60D
`•Y Ar�rtrorot�. �xtis �� t� (etn, uo-esss
TBPE t�ti F-ttvt F�tUri io1a3e�-0�'
DATE: SEPTEFIBER '20'12 '
J/Oeflto�/P25-H�W-1
Page 4 of 5
EXHIBIT A- to Ordinance (Property Interests)
PARCEL 25-ROW-1
LEGAL DESCRIl'TION
Being a 4.69 acre tract of land situated in the A. Tompkins Survey, Abst�act No.1246,
Denton County, Texas and being a portion of a tract of land conveyed to Harlan
�'roperties, Tnc. as zecorded in Volume 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 souihwest corner of said
Harlan tract, being the southeast corner oi 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 North 00°16'23" East, leaving said north 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
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 for cozner, said poin.t being in the existing east right-of-way line of
Bonnie Brae Stxeet (having a variable width R.O.VJ,);
THENCE North 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 cozx�er of said Harlan tract "
THENCE South 89°30'18" East, leaving said existing east right-of way line, along the
north line of said Harlan txact, and along sazd 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 GA� cap fox corner, said point being in the proposed
south right-of-way line of Highland Park:Road (having;a v3riable width,:R..O:,;C� );� .
THENCE North 89°30'18" West, along said proposed south right-of-way line, a. distance
of 130.00 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beginning of a
tangent curve to the 1eft having a xadius 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 sa�d proposed south right-of-way lirie 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 5 of 5
THENCE South 79°16'24" VJest, continuing along sazd proposed south right-of-way lin.e,
a distance of 88.52 feet to a set 1/2 incb. iron rod wzth GAI cap for corner, said point
being the most northerly point of a corner-clip;
THENCE South 34°16'24" West, leaving said proposed south right-of way line, and
along said corner-clzp, a distan.ce of 28.28 £eet to a set I/2 inch iron rod with GAI cap for
cozner, said point being in the proposed easf right-of way line of Bonnie Bxae Street
(having a variable width R.O.W.);
THENCE South 10°43'36" East, along said proposed east right-of-way line, a disfance of
97.31 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beguuung of a
tangent curve to the right having a radius of 2347.50 feet, a central angle of 10°43'36",
and a long chord �vhich bears South 05°2I'48" East, 438.85 feet;
THENCE continuing along said proposed east right-of-way line, and along said tangent
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 l.ine, a
distance of 1163.09 feet to a set 1/2 inch iron rod with GAI cap for corner, said point
beiug in the north line of said Chamberlain tract;
THENCE North 89°55'12" West, leaving said proposed east righi-of way line, and along
said north line, a distance of 114.64 feet to the POINT OF BEGINN�IG and
CONTAININ�G 204,477 square feet, 4.69 acres of land, more or less, of which 6,838
square feet o�larid is being used as roadway use and drairiage�a� �liis filne: .
�'i�17 /2°�Z
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2600 S,BONNIE BRAE
LOT 30, SEC 2 i�
OUSTIN 6 SNANTEL ,���
BARBER ��;�
SOLAR WAY A�DYTION ,
SECTION TWO
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EXHIBIT A- to Ordinance (Property Interests)
2743 S, 60NNIE BRAE
BARBARA SEAL
VOL,4639, PG,1209
D.R,D.C,T,
2835 S, BONNIE BRAE
BARBARA 5EAL
INST. N0. 2009-36221
C.R.D.C.T.
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VOL, 4522, PG, 1336 �'�'�
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BASIS OF.BEARING TS NORTH AMERICAN �ATUM
OF 1983 (NAO-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL,
PARCEL 25—USE—i
BEING A
� 3,,668 SQ.FT,./0,,08,. �.CRE:.:; ,,,
UTILITY & SLOPE EASEMENT �
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. i246, �
DENTON COUNTY', TEXAS GRAPHIC SCALE �•�loa�
� Graham Associates,inc, � 0 50 �oo �50
. CONSULTING ENGINEERS � PLINNERS
eoo sx ruos om�� s�iTe soo
�auNOrar, �c,�s �eoit (a») e4o-es� DATE; DECEMBER 2011
TBf+E FlRAII f-1191/TBPL9 FlRMI 101638-00 �
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Page 2 of 2 �
EXHTBIT A- to Ordinance (Pz•operty Interests)
PARCEL 25-USE-1
LEGAL DESCRII'TION
UTILITY & SLOPE EASEMENT
Being a 0,08 acre tract of land siivated in the A. Tompkins Survey, Abstract No.1246,
Denton County, Texas and being a portzon 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 iron rod, said point being the southwest.corner o:f
said Harlan tract, 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 bein� 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 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 var.iable 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 North 90°00'00" East, leaving said proposed east right-of-way line, a distance
of 15.00 feet tb a point for corner;
THENCE South 00°00'00" West, a distance of 244,53 feet to a point for corner, said
point li'eing in tiie south lirie of said"Harlan traot and� being the'riortli 1'irie of'said' The
Ghamberlain Trust tract, being a common line;
THENCE North 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.
OS'!5� ��' ��
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2600 S,BONNIE BRAE
LOT 30, SEC 2 ., �
DUSTIN & sHANTEL ,k���
�OLAR WAY ADDITION °•�
SECT%ON TWO ���%
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2743 5, BONNIE BRAE
6ARBARA SEAL
VOL,4639, P�.1209
�,R,�.C.T,
2835 S. BONNIE BRAE
BARBARA SEAL
INST, N0, 2009-36221
C.R.O.C.T.
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FND 5/B" I.R
7HE CHAMBERLAIN TRUST
VOL. 4522, PG. 1336
D.R.D.C.T.
SEE SHEET 2
POINT OF
HEGINNING
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BASIS OF BEARTNG IS NORTH AMERICAN DATUM
OF 1983 (NA�-83) STATE PLANE CDOROINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 25—USE-2
BEING A
10,874 �Q<FT.%0.25� ACRE � , �
. UTILITY & SLOPE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT NO< i246,
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DENTnN COUNTY� TE1LL'iS ' GFIAPHIC SCALE �•-�oa�
^ Graham Associates,lnc,
��`r� CONSULTING ENGINEERS !k PLANNERS 0 50 l0o i5o
t3�J �uNa�grous�i nai�e1�i �
tHPE FlRNi F-N01/iHPLS FlRAIt �oi6aa--oo DATE: DECEMBER 2011
J/Denton/P25-USE-2
PAGE.:•2,AF.3, •� �
204 50LAR WAY
LOT 13, SEC 2
RONALO CORNELL
SOLAR WAY ADDITION,
SECTION TWO
EXHIBIT A- to Ordinance (Property Interests)
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LOT 14A, S�C 2 I � '�
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LOT 16, SEC 2 LOT 15, SEC 2 ;
MICHAEL 6 ELIZABETH �
BRADLEY 6 LEAH SEILEq ' ;
)LAR WAY ADOITIDN, �OL.hR WAY A�DiTION; ��
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LOT 29, SEC 2
MARY SUE STEWART
SOLAR WAY ADDITION,
SECTION TWO
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BASTS OF BEARING IS.NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
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HARLAN PROPERTIES, INC.
VOL. 470A, PG, 1297
D.R.D.C.T. �
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PARCEL 25--5E--2
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UTILITY & SLOPE EASEMEIVT
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS GRAPHIC SCALE �•.,00�
^ Graham Associates,lnc,
���; CONSULTING ENGINEERS �C pUNNERS
�� 600 SIX FLAQS DRIVE, sU11E b00
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T9PE FlRAIi F-I1G1/TBPLS ft1AI 10163a-DO
0 50 100 150
DATE: DECEMBER 2011
J/Denton/P25-USE-2
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Page 3 of 3
EXHIBIT A- to Ordinance (Property Interests)
PARCEL 25-USE-2
LEGAL DESCRII'TION
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 Pzoperties, Inc. as
recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, and being znore
particularly described as follows:
COMMENCING at a found 5/8 inch iron rod, said point being the southwest corner of said
Harlan traet, 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 noi-�h line, a distance of 114.64 £eet to a point for
corner, said point being in the said north line of The Chamberlain Trust tract and being in the
�roposed east �ight�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 291.30 feet to a point for the POTNT"OF BEGINNII�TG;
THENCE North 0.0°00'00" East, connnuzng aloilg said. �roposed east� right=of way line, a
distance of 713.21 feet to a point for cornex;
THENCE North 90°Q0'QQ" East, leaving said proposed:,east ri.ght-of .wa�r line,: �;d:istance 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 BEGINNING and
CONTAINING 10,874 square feet, 0,25 acres of land, more or less.
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2600 S,BONNIE BRAE �%
DUS� IN 6 . SHANTEL ,���y��
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SOLAR WAY ADDITION Qr,
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2743 S, 60NNIE BRAE
BARBARA SEAL
VOL,4639, PG,f209
�,R.�.C.T,
2835 S. BONNIE BRAE
BARBARA SEAL
INST. N0. 2009-3622!
C.R.D.C.T'.
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THE CHAMBERLAIN TRUS7
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THE CHAMBERLAIN TRUST `�'^ ��,
VOL. 4522, PG, 1336 ��a�°'
O.R.�.C.T. ��
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BASIS OF BEARING IS NORTH AMERICAN DA7UM
OF 1983 (NAO-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 25—USEs3 �
BEING A
10�;1,�:� SQ�:FT./0:23:. ACRE �
UTILITY 8c SLOPE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS GRAPHIC SCALE ��-�oo�
� Graham Associates,lnc.
�+ CONSULTING ENGINEERS dc PLANNERS 0 50 100 150
� eoo sx tuos oarve, svns soo
utuNOroN, ttxns 7ewt et�) e4o—avs
'IHPE FlRMt F-11G1/TBPLS Ru: totoaa—oo � DATE: DECEMBER 2011
J/Denton/P25-USE-3
pAGE•'2 OF`'5�•
204 SOLAR WAY
LOT 13, SEC 2
f10NALD CORNELL
SOLAR WAY ADDITION,
SECTION TWO
EXHIBIT A- to Ordinance (Property Interests)
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SOLAR WAY ADOIITION, � �
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LOT �5, SEC 2 '
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BRADLEY & LEAH SEILER r ;
OLAR WAY A DITION, SOLAR'WAY ADDITION, �
SECTTDN TWO SECTION TWO ri ;�y
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DENTON COUNTY, TEXAS GqAPHIC SCALE ��-�oo�
. Graham Associates,inc.
CONSULTING ENGINEERS �k PLANNERS 0 5o ioo i5o
600 S!X F1A05 DRI1�£, SUIiE 600
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J/Denton/P25-USE-3
EXHIBIT A- to Ordinance (Property Tnterests)
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CHRISTOPHER M, WATTS
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LQ7 3A
JOHN P. DANSBY
VOL. 1554. PG. 969
D.R,D.C.T.
• 201 SOLAR WAY
LOT 3B, SEC 2
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G= 10 '43' 36"
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BA5I5 OF BEARING IS NORTH AMERICAN DATUM
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SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 25--USE-3
BEING �A
i 0,1 �.4 SQ.FT./0.�3 ACRE ,
UTILITY & SLOPE EA.SEMENT
SITTJATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246,
DEIVTON COUNTY, TEXAS
� Graham Associptes,lnc.
� CONSULTING ENGINEERS k PIANNERS
eoo s�x Fu,os �wv�, suih aoa
ARllNaTON, TEXAS 76011 (817) 640-8535
'fHPE FlR41i F-1191jf6P4S FlW.(i 101638-00
GRAPHIC SCALE f'-f00'
0 50 100 150
DATE; DECEMBER 2011
J/Oenton/P25-USE-3
Page 4 of 5
EXHIBIT A� to Ordinance (Property Interests)
PARCEL 25�USE-3
LEGAL DESCRTPTION
UTTLITY & SLOPE EASEMENT
Being a 0.23 acre tract of Iand situated in the A, Tompkins Survey, Abstraci No,1246, Denton
County, Texas and being a portion o£ a tract of land conveyed io 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 iron rod, said point being the southwest corner o£ 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 Volurrie 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
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-
vvay line, a distance of 1034,51 feet to a point for tha POINT OF BEGINNING;
THENCE Narth 00°00'00" East, continuing along said proposed easi right-of way line, a
distance of 128.58 feet to a point for corner, for the beginning qf 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 coniinuing along said propos�ed east�rigl�Y=of='way line and along said� tiarigent curve to
the left, an arc distance of 439.49 feet to a point for 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 £or corner, said point being the southwest corner of 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 of 21.21 ,�e�t..to.a.po;in.t 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 along chord whichbears 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 oi 128,58 £eet to a point for corner;
EXHIBIT A- to Ordinance (Property Interests)
Page 5 of 5
THENCE Nor�h 90°00'00" West, a distance of 15.00 feet to the POINT OF BEGINNING and
CONTAINING 10,114 square feet, 0.23 acres of land, more or less.
PAGE i OF 2
�'
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2600 S.60NNIE BRAE �`
DUSTIN & SHANTEL ��,y�
BARBER p��
SOLAR WAY ADDITION
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2743 S, BONNIE BRAE
BARBARA SEAL
VOL..4639, PG.1209
D.R,D.C,T,
2835 S. BONNIE BRAE
BARBARA SEAL
INS7. N0, 2009-3622!
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BASIS OF BEARING IS NORTH AMERTCAN DATUM
OF 1983 (NAO°63) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL,
PARCEL 25—UDE-1
BEING A
623 SQ.FT./0.01 ACRE
UTILITY & DRAINAGE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS GRdPHIC SCALE �•-�oo�
0 50 100 150
� Graham Assoclates,lnc.
CONSULTING ENGINEERS Ac PLANNERS
eoo ax Fuos orav�. suiTe aoa
'ra�E Fl�rati �t �� Fl2u �ot�sa�a-�oo .
DATE; SEPTEMBER 2042
J/Denton/P25—UDE—!
Page 2 of 2
EXHIBIT A- to Ordinance (Property Interests)
PARCEL 25-UDE-1
LEGAL DESCRIPTION
UTILITY 8c DRAINAGE EASEMENT
Being a 0.01 acre tract of land situated in the A. Tompkins Survey, Abstract No.1246, Denton
County, Texas and being a por-tion of a tract of land conveyed io Harlan Pxoperties, Inc. as
recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, and being �nore
particularly described as follows;
COMIvTENCING at a found 5/8 inch iron rod, said point being the southwesi cox7n.er of said
Harlan tract, bevng the southeast corner of a tract of land conveyed to Alfred and Becky Camp,
as recorded in Instrumeni 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 Voluma 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
corner, said point being in the said north line of The Cham.berlain Trust tract and being in the
proposed east xight-of way line of Banni� Brae Street (having a variable width R.O..W.);
THENCE North 00°00'00" East, leaving said south line and along said proposed easi zxght-of-
way line; a distance o:f 244.5 � feet to a point for the POINT OF BEGINN�lG;
THENCE North 00°00'00" East, continuing along said proposed east right-of-way line, a
distance of 46.79 feet to a poi��t %r corner;
T�NCE South 32°36'45" East, leaving said proposed easi right-of-way line, a distance of 37.11
feet to. a point �or corner; .
THENC$ South 00°00'00" West, a distance of 15.53 feei to a point for corner;
THENCE No"rth 90°00'00" West, a distance of 20,00 feet to the POINT OF BEGINN�G and
CONTAINING 623 square feet, 0.01 acres of Iand, more or less.
PAGE 1 DF 3
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LOT 30, SEC 2 .� �'
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BARBER q•�
SOI.AR WAY A�DITION
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2743 S. BONNIE BRAE
BARBARA SEAL
VOL.4639, PG,7209
�.R.O.C,T,
2835 S. 60NNIE BRAE
BARBARA SEAL
INST. N0. 2009-36221
C.R.D.C.T.
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BA5I5 OF BEARING I5 NORTH AMERICAN OATUM
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PARCEL 25-UDE°-2
BEING A
. 60�0 SQ:FT:/0.01 ACRE
UTILITY & DRAINAGE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. �1246,
DENTON COUNTY, TEXAS GAAPHIC SCALE 1'-�00�
^ Graham Associates,lnc.
�(�� CONSULTINO ENGINEERS e� PLANNERS D 50 10o i5o
\: �J aoo sx Fuos oravE. sui� soo
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PAGE 2 OF 3
204 SOLAR WAY
LOT 13. SEG 2
RONALD CORNELL
SOLAR WAY ADOITION,
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BRADLEY 6 LEAH
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LAR WAY AO�ITION,
SECTION TWO
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LOT 29, SEC 2
MARY SUE STEWART
SOLAR WAY ADDITION,
SECTION TWO
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BASis oF BEARING IS NoATH AMERICAN DA7UM
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PARCEL 25—UDE-2
BEING A �
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UTILITY & DRAINAGE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS GRAPHIC SCALE s�G�oo�
0 50 100 15D
. Grah�m Associates,inc.
CONSt1LTING ENGINEERS �: PUNNERS
eoo sx Fl..ncs owve(.�sui� aoo
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Page 3 of 3
EXHIBIT A- to Ordinance (Pa•operty Interests)
PARCEL 25-UD&2
LEGA.L DESCRIPTION
UTILTTY & DRA]NAGE EASEMENT
Being a 0.01 acre tract of land sztuated in the A, Toznpkins Suzvey, Abst:ract 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 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 Tr�stzument No. 2010-62292, Deed Recoz'ds, Denton County, Texas, and being in
the north line a tract of land conveyed to The Chantberlain Trusi, 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 feet to a point for
corner, said point being in the said north line of The Chamberlain Trusi 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 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
dzstance of 3.0.00 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 coi�ner; ., ,
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 POINT OF BEGTNN.Q�IG and
CONTAINING 600 square feet, 0.01 acres of land, more or less.
D4/l 7��' � z'
� , 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
2013, 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.
Tomplcins 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
Proj ect; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acicnowledged, the parties agree as follows:
l. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so 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 cei-tain 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 refer�ed to
herein as the "Easement Lands").
The (i) Special War�anty 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 `Basements") (the Fee Lands and
the Easements are collectively referred to herein as the "Property").
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for 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 kind or type in connection with or related to the
reserved oil, gas and other minerals, and/or related to the exploration or production of same,
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall
exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands, The intent
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 Tluee 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 proper�ty caused by, incident
to, or related to the Project, damage to and/or costs of repair, replacement and/or relocation of
any improvements, turf, landscape, vegetation, or any other structure or facility of any lcind
located within the Easement Lands related to activities conducted pursuant to the Easements, and
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
officials, agents and contractors from and against any and all claims it may have now or in the
future, related to the herein described matters, events and/or damages.
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 90 days after the Effective Date, unless the Owner and the City mutually agree, in
writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described
above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the
next resulting business day.
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 lcnown as of the Closing Date, the proration shall be based on the amount of taxes due and
payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in
cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which
Closing shall occur is known, The result of such proration is that the Owner shall pay for those
taxes attributable to the period of time prior to the Closing Date (including, but not limited to,
subsequent assessments for prior years due to change of land usage or ownership occurring prior
to Closing) and City shall pay for those taxes attributable to the period commencing as of the
Closing Date. 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 `Bffective 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
0
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
�iL\1��
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 City:
Telecopy:
Richard Casner, First Assistant 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 talcen 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 pai�ty other than the City that might result in the talcing of
any portion of the Property, City may, at its election, terminate this Agreement at any time prior
to Closing,
16. 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, 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
I:
GEORGE C. CAMPBELL,
City MANAGER
Date: , 2013
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
;.
Date: , 2013
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
. � �'�
BY: � �.�..,.` ,
Date; � �° �° a �; «�'1 , 2013
0
Owner: Harlan Properties, Inc., a Texas corporation
By: _
Name:
Title:
Date; , 2013
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 further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Universal Title Agency, LLC
d/b/a/ Universal Land Title of Texas
Attn: Elizabeth Bobo
2650 Bardin Road, Suite 101
Grand Prairie, Texas 75052
Telephone: (972) 206-7570
Telecopy: (972) 206-2870
I�
Printed Name:
Title:
Contract receipt date: , 2013
11
s:\legal\our documents\contracts\13U�arlan 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 acicnowledged and confessed, has GRANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property
in Denton County, Texas being particularly 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 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 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]
This Deed is subject to that certain Purchase Agreement, dated on or about
2013, by and between Grantor and Grantee.
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
Page 2 of 3
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
EXECUTED the day of , 2013.
Harlan Properties, Inc., a Texas corporation
By: _
Name:
Title:
THE STATE OF §
COUNTY OF §
This instrument was acicnowledged before me on , 2013 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
PAGE 1 0� 5
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PAGE 2 OF 5
204 SOLAR WAY
LOT 13, SEC 2
RONALD CORNELL
SOLAR WAY AODITION,
SECTION TWO
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. CQNSULTING ENGINEERS d� PIANNERS DENTON COUNTY, TEXAS
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EXHIBIT A- to Special Warraniy Deed
PAGE 3 OP 5
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LOT 3A
JOHN P. OANSBY Fp�;
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MILTON B. CLEARMAN 6
SPOUSE, ANITA A. CLEARMAN
VOL, 4437, PG, 2213
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VOL. 4704, P6. 1297
D.R,D.C,T,
d= 10'43'36"
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T=220.99'
L=439.49'
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PARCEL 25-ROW-1
BEING A
204,4'77 SQ.FT./4.69 ACRE
NOTE: 5ET 1/2" I.R. W/ GAT CAP TD
BE. SET. A�T�: END:. 0� CONSTRUCTTON.
BASIS OF BEARING IS NORTH AMERIGAN DA7UM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SY5TEM, TEXAS NORTH CEN7AAL.
OF� WHICH 6,838 SQ: FT. LIES � ii'VIITHIN�
EXISTING RIGHT-OF°-WAY OF BONNIE BRAE STREET
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246, �
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
■ CONSULTiNG ENGINEERS d� PUNNERS
00o sx rucs oravF. suire 600
ARLINO7oN, toUS.7EO11 et 64a-E535
te� r�w.+� F-t�at/tePCS ; �we,�a-oo
GRAPHIC SCALE 1'�100'
! 50 1 100 150
DATE: 'SEPTEMBER 2012
J/Denton/P25-Row-i
Page 4 of 5
EXHIBIT A- to Special Warranty Deed
�'ARCEL 25-ROW-1
LEGAL DESCRIl'TION
Being a 4.69 acre tract of land situated in the A. Tompkins Survey, Abst�act No.1246,
Denton County, Texas and being a portion of a tract of land conveyed to Harlan
Pxoperties, Tnc. as recorded in Volume 4704, Page 1297, Deed Records, Denton County,
Te�as, and being more particularly described as follows;
BEGINTIING at a found 5/8 inch iron rod, said point being the southwest corner of said
Harlan txact, being the southeast cox�er of a i:ract 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
recoxded in Volume 4522, Page 1336, Deed Records, Denton County, Texas;
THENCE North 00°16'23" East, leaving said noz�th line and along the easi line of said
Carnp tract, a distance of 333.08 :feet to a point.for corner, said poini being the �ioi�t�east
corner of said, Camp tract;
THENCE North 00°24'00° West, along the west Jine of said Harlan tract, a distance of
689.67 feet to a point fox corner, said point being in the e�sting east right-of-way line of
Bonnie Brae Street (having a variatile width R.O,W.);
'I`HENCE North 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 corner of said Harlan tract;
THENCE South 89°30'18" East, leaving said e�;isting east right-of-�vay' line, along the
north line of said Harlan tract, and along said approximate cenierline, a distance of
397.54 feet to a point for corner;
THENCE South 00°29'42" West, leaving said apprnximate cenierline, a distance of 35.50
feet to a set 1/2 inch iron rod with GAI cap fox corner, said poini bezng in the proposed
south right-of way line of Hi�hl.and,Park Road (having a variab.le.,wi.dt� Rn�?.,W.l,;,;,
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, for the beg7iuiing of a
tangent curve fo ihe 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 souih right-of-way line and along sazd tangent curve to the ,
left, an arc distance of 110.56 feet to a set 1/2 inch iron xod with GAI cap for corner;
EXHIBIT A- to Special Warranty Deed
Page 5 0� 5 .
TI�ENCE South 79°16'24" West, contiriuing along said pxoposed south xight-of way lir�e,
a distance of 88.52 feet to a set 1/2 inch iron xod wzth GAI cap for corner, said poznt
being the most northexly point of a corner-clip;
THENCE South 34°16'24" West, leaving said proposed south right-of-�vvay line, and
along sazd corner-clip, a distance of 28.28 feet to a set 1/2 inch iron rod with GAI cap for
corner, said .point being in the proposed 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",
and a long chord which beaxs South OS°21'48" East, 438.85 feet;
THENCE continuing along said proposed east right-of-way line, and along said tangent
cuzve to the right, an arc distance of 439.49 feet io a set 1/2 inch iron xod with GAI cap
for corner;
TI�NCE South 00°00'00° West, continuing along said proposed east right-of way line, a
d�stance of 1163.09 feet to a set 1/2 inch ixon rod with GAI cap for corner, said point
being in the north line of said Chamberlain tract;
THENC�Norfi� 89°55'12"' West, leaving said proposed°east right-of-way Iine,�and �long
said north line, a distance of 114.64 feet to the POINT OF BEGINNING and
CONTAIII�TG 204,477 square feet, 4.69 acres of land, more or less, of which 6,838
square f�'ei: a�'Iand is beirrg�used as•roadwayuse'°anci'draivage�at this-iime:° :
. �i��7�ZD�Z
s:\(egal\our documents\contracts\I3Viarlan properties utiliry 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.
THE STATE OF TEXAS,
COUNTY OF DENTON
UTILITY AND SLOPE EASEMENT
�
�
�
K1VOW 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.
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 lateral slope, and related facilities and appurtenances, in, along, upon,
under, over and across said Property, including without limitation, the free and uninterrupted 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 kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2, Maintenance of Lateral Slope. No activity, of any lcind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3, Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property, Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
malce further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to malce use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns, This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their 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 , 2013.
2
Grantor:
Harlan Properties, Inc.,
a Texas corporation
By: _
Name:
Title:
Date: , 2013.
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on , 2013 by
, of Harlan Properties, Inc., a Texas
corporation, on behalf of said corporation,
AFTER RECORDING RETURN TO;
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
Notary Public, in and for the State of Texas
My Commission Expires:
3
PAGE"i'OF"2"
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OUSTIN 6 SNANTEL ,����
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2743 S. BONNIE BRAE
BARBARA SEAL
VOL.4639, pG.1209
D,R,O,C.T.
2835 S, BONNIE BRAE
BARBARA SEAL
INST. N0. 2009-36221
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VOL. 4522, P�, 1336
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VOL, 4704, PG, 1297
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BASIS OF.BEARING IS NORTH AMERICAN ❑ATUM
OF 1983 (NAO-83) STATE PLANE COORDINATE
SYSTEM, 7EXAS NORTH CENTRAL,
PARCEL 25--USE--1
BEING A
3,66�._ SQ�:FT:�0;08 � ACR�`,
UTILITY & SLOPE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246, �
DENTON COUNTY', TEXAS
� Graham Associates,lnc,
CONSULTING ENGINEERS dc pLANNERS
600 5X FL.Aft9 PRI4E, SUITE 600
MLINOTnN, 1E1CA9 �6011 (e17) 040-E5J5
,THPE FlRMi F-1191/iHPL3 Flftµt 10163&-00
�,w ,_
GRAPHIC SCALE 1'a100'
0 50 f00 150
DATE; DECEMBER 2011
J/penton/P25—USE—i
Page2of2
EXHIBIT A- Utility and Slope Easement Tract 1
PARCEL 25-USE-1
LEGAL DESCRII'TION
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 cor�veyed 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 ixon rod, said point being,.#h� southwest corner of
said Harlan tract, being the southeast comer 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 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-nf-way line, a distance of 244.51 feet io a poini 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 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 comrnon line;
THENCE North 89°55'12" West, leaving said proposed east xight-of-way line and along
said common line, a distance of 15.00 feet to the POINT OF BEGTNNING and
CONTAINING 3,668 square feet, 0.08 acres of land, more or less.
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2600 S. BONNIE BfiAE
OUSTXN & SHANTEL �~y'
SOLAR WAY AODITION ��I�
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EXHIBIT A� Utility and Slope Easement Tract 2
2749 S, 60NNIE BRAE
BARBARA SEAL
VOL.4639, PG,1209
D.R,D.C.T.
2835 5. BONNIE BRAE
BARBARA SEAL
INST,.NO, 2009-36221
C.R.D.C.T.
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8A5IS OF BEARTNG IS NORTH AMERICAN OATUM
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PARCEL 25—USE-2
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ARLINO'1nF1, 1EJ(A9 76011 (Ct7) E40-6635
tHPE FlRNI F-1101/1HPL5 FlRAIt 101658-00
0 50 100 150
DATE: DECEMBER 2011
J/Denton/P25-USE-2
EXHIBTT A- Utility and Slope Easeznent Tract 2
PAGE'2'OF' 3"
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204 SOLAR WAY 202 SOLAA` AY `\� � i
LOT 13, SEC � LqT 14A, S�C 2 I � '�
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SOLAR WAY ADOITION, SOLAR WAY AOOITI017; "- � �
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UTILITY Sc SLOPE EASEIViENT
SITUATED IN THE. A, TOMPKINS SURVEY,
ABSTRACT N0. i246,
DENTON COUNTY, TEXAS GRhPHIC SCALE 1'-�00�
^ Graham Associates,lnc,
���, CONSULTING ENGINEERS � PUNNERS
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ARUVOT'q4, TEXA3 76011 (e17) 640-6838
THPE fIR1A� F-110I/THPLS FlftAli 10163E-00
0 50 !00 150
DATE: QECEMBER 2011
J/Denton/P25-USE-2
Page 3 of 3
EXHIBIT A- Utility and Slope Easement Tract 2
PARCEL 25-USE-2
LEGAL DESCRIPTION
UTILTTY & 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 more
particularly described as follows:
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 Iand conveyed to Alfred and Becky Camp,
as recorc�ed 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 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.);
TH�NCE North 00°00'00" East, leaving said south line and along said proposed east right-oi
way line, a distance of 291,30 feet to a point fot• the POINT OF BEGINNTNG;
THENCE North 00°00'00" Easfi, continuing along said proposed �ast right=o%way line, a
distance of 713.21 feet to a point for corner;
THENCE North 90°00'00" East, leaving said-p�aposed east rigl�t-o-f-way line;� a��distance of 15.00
feet to a point for corner;
THENCE South 00°00'00" West, a distance of 73 6.65 feet to a point for corner;
THENCE North .32°36'45" West, a distance of 27.83 feet to the POINT OF BEGINNING and
CONTAINING 10,874 square feet, 0.25 acres of land, more or 1ess.
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2743 S, BONNIE BRAE
BARBARA SEAL
VOL.4639, P6,1209
D.R,D�C,T.
2835 S. BONNIE BRAE
BARBARA SEAL
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SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246, �
DENTON COUNTY, TEXAS �RAPHIC SCALE 1'=100'
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PAGE 2- OF� 5
204 SOLAR WAY
LO7 13, SEC 2
RONALD CORNELL
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HARLAN PROPERTIES, INC,
VOL. 4704, PG, 1297
D.R.D,C,T,
N90'00' 00"W
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PARCEL 25—USE-3 �
BEING A
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UTILITY & SLOPE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246,
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LOT 2
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MILTON B. CIEARMAN 6
SPOUSE, ANITA A, CLEAflMAN
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Page 4 of 5
EXHIBIT A- Utility and Slope �aseznent Tract 3
PARCEL 25-USE�3
LEGAL DESCRTPTION
IJTILITY & SLOPE EASEMENT
Being a 0.23 acre tract of Iand 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
particulazly described as follows;
COMMENCING at a found 5/8 inch iron rod, said point being. the s.outhwest. corner o£ said
Harlan tract, bezng the southeast corner of a tract of Iand conveyed to Alfred and Becky Camp,
as recorded in Inst�ument No. 2010-62292, Deed Records, Denton County, Texas, and being in
the north line a tract of land conveyed to The Chambexlain Trust, as recorded in Volurrie 4522,
Page 1336, Deed Records, Denton County, Texas;
THENCE South 89°55'12" East, alorig said north line, a distance of 114.64 feet to a point for
corner, said point being in the said north Iine 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 O�' BEGINNING;
THENCE North. 00°00'00" East, continuing along said proposed east right-of-way line, a
distance of 128,58 feet to a point for corner, for the beginning qf a tangent curve to the left
having a radius of 2347.50 feet, a central angle of 10°43'36' ;' and' a Iong cho"rd which bears North
OS°21'48" West,'438.85 feet;
THENCE continuing along said proposed east right-of-way line and along�saicl'fangent curve to
the.left, an arc distance of 439.49 feet to a point for 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 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 corrier-clip, a distance of 21.2� �eex.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
corner, for the beginning of a tangent curve to the right having a radius of 2362.50 feet, a ceniral
angle of 10°43'36", and a long chord which bears South OS°21'48" East, 441.65 feet;
THENCE along said tangent cuzve 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 corn.er;
� ` T EXHIBIT A- Utility azid Slope Easement Tract 3
Page 5 of 5
THENCE North 90°00'00" West, a distance of 15.00 faet to the POINT OF BEGINNTNG and
CONTAINING 10,114 square feet, 0,23 acres of land, more or less.
s:\legal\our documents\contracts\13�harlan 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,
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 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 uninterrupted 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, workrrien 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 lcind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property, Fui�ther, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope, No activity, of any lcind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope 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 sl�rub 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 Propei�ty without liability to Grantee, including without limitation, the obligation to
malce further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to malce use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their 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 , 2013.
Grantor:
�
Harlan Properties, Inc.,
a Texas corporation
By: _
Name;
Title:
Date: , 2013.
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on , 2013 by
, of Harlan Properties, Inc., a Texas
corporation, on behalf of said corporation.
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
Notary Public, in and for the State of Texas
My Commission Expires:
3
PAGE 1 OF 2
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BASIS OF BEARIN6 IS NORTH AMERICAN DATUM
OF 19B3 (NAO-83) STATE PLANE COORDTNA7E
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 25--UDE--1
BEING A .
623 SQ.FT./0.01 ACRE
UTILITY & DRAINAGE EASEMENT
SITUATED � IN THE A. TOMPKINS SURVEY,
ABSTRACT N0. 1246,
DENTON COUNTY, TEXA.S
GRAPHIC SCALE i'-500'
0 50 100 150
� Graham Associates,lnc.
� CONSUI.TING ENGINEERS e: PUNNERS
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DATE: SEPTEMBER 2012
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Page 2 of 2
EXHIBIT A- Utility and Drainage Easement Tract 1
P.A_RCEL 25-UDE�1
LEGAL DESCRLPTION
UTII,ITY & DRAINAGE EASEMENT
Being a 0,01 acre tract oi Iand sifuated in the A< Toznplcuis Survey, Abstract No.1246, Denton
County, Texas and being a portion of a tract of land conveyed to Harlan Pxoperties, Inc. as
recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, and being znore
particularly described as follows: '
COI��v1ENCING at a found 5/8 inch iron rod, said point being the southwest coiner of said
Harlan ixact, being the soutb.east cornex of a traci 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 fi�act of land conveyed to The Chamberlain Trust, as recorded in Volume 4522;
Page 1336, Deed Records, Denton County, Texas;
TI�NCE South 89°55`12" East, along said north line, a distance of 114.64 feet to a point fox
corn.er, said poini being in the said north lina of The Chamberlain Trust tract and being in the
proposed east right-of way line of Bonnie Brae Sireet (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 fox the POINT OF BEGINNING;
THENCE North 00°00'00" East, continuing along said proposed east right-of-way line, a
distance o£ 4.6.79. feet to a_ point.for• coz�er; . -
THENCE South 32°36'4S" East, leaving said proposed easi right-of-way line, a distance of 37.11
feet to a poini for. c_orn.ex?,._
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 S OF 3
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EXHIBIT A- Utility aitd Drainage Easement Tract 2
2743 S. BONNIE BRAE
BARBARA SEAL
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BASIS OF BEARING IS NORTH AMERICAN OATUM
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SYSTEM, TEXAS N��TH CENTRAL,
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 GHAPHIC SCALE ��-,00�
0 50 �00 �50
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EXHIBIT A s Utility and Drainage Easement Tract 2
PAGE 2 OF 3
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VOL. 470A, PG, 1297
D,R.D.C.T.
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BASIS OF BEARIN6 IS NORTN AMERICAN DATUM
OF 1983 (NAO—B3) 5TATE PLANE CDORDZNATE
SYSTEh1, TEXAS NORTH CENTRAL,
BEING A
600 SQ.FT./0.01 ACRE
UTILITY 8c DRAINAGE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY
ABSTRACT N0. 1246,
DENTON COUNTY, TEXAS
. Graham Associates,lnc.
CONSULTING ENGINEERS 1k PLANNERS
60o SX Fi.ACS DPoVE, siIITE ao0
ARLIN(TTON. TFX+LS 70011 617� 640-D535�. .
THPE FlFW� F-i1D1/iHPLS RAI: 907636-00
GRAPHZC SCALE i'=f00'
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D'ATE': SEPTEMBER 2012
J/Denton/P25-UDE-2
Page 3 of 3
EXHIBIT A- Utility and Drainage Easement Tt•act 2
PARCEL 25-UDE-2
LEGAL DESCRIPTION
UTII,ITY & Dltr�INAGE EASEMENT
Being a 0.01 acre tract of land situated in the A, Toznpkins Survey, Abstraci No.1246, Denton
County, Texas and being a portion of a traci 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:
COIVLMENCING at a found 5/8 incli iron rod, said poirit being the southwest cozner of said
Harlan tract, being the southeast corner of a tract of Iand conveyed to Alfred and Becky Camp,
as recorded in .Instrum�,ent No. 2010-62292, Deed Reco;rds, Denton Coun.fy, 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 Counfy, Texas;
THENCE South 89°55'12" East, along said north 1ine, a distance of 114.64 feet to a point for
corn.er, said poini 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 (havinga variabl� width R,.O. W.);
TF-IENCE 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.3Q..00 feei.to. a.po.in.i £Qx cornsr;
TI�NCE North 90°00'00" East, leaving said proposed east right of way line, a distance of 20.00
feei 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 POINT OF BEGINNING and
CONTAIND�IG 600 square feet, 0.01 acres of land, moxe ox less. .
�/� 7/�, � z
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
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 1.91 acre tract; (I� a utility and slope easement encumbering 0.57 acre; and (III) a
drainage easement encumbering 0.02 acre; all tracts located in the James Edmonson Survey,
Abstract Number 400, City of Denton, Denton County, Texas, as more particularly described on
Exhibit "A", attached hereto and made a part hereof, located generally on Roselawn Drive, 600
feet East 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) the Chamberlain Tnist (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 Sixty Six Thousand Five Hundred and Nineteen Dollars and No Cents ($66,519.00), and other
consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached hereto
and made a part hereof as Exhibit "B"; authorizing the expenditure of funds therefore; and
providing an effective date. (Bonnie Brae Widening and Improvements Project- Parce134)
BACKGROUND
The City Council considered and approved an initial offer to purchase the captioned land rights
on June 5, 2012 for the purchase price of $66,519.00. (Ordinance No. 2012-131)
That initial offer to purchase land rights was extended to the Chamberlain Tnist on June 13, 2012
via certified mail.
There has been interactive engagement with the property owner, however, there have not been
any substantive negotiations to date.
Approval of the ordinance under consideration authorizes staff to extend a Final Offer to the
Chamberlain Tnist for the captioned land rights necessary for the road widening project.
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)
City Council - June 5, 2012 (Offer to Purchase Ordinance 2012-131)
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 $66,519.00 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 CHAMBERLAIN - P34
EXHIBIT 1 attachment to AIS Bonnie Brae Widening and Improvements
EXHIBIT 2 attachment to AIS
s:\legal\our documents\ordinances\I3\chamberlain final offer ordivance.doc
ORDINANCE NO. 2013-
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE (I) FEE SIMPLE TO A 1,91 ACRE TRACT; (II) A UTILITY AND SLOPE
EASEMENT ENCUMBERING 0.57 ACRE; AND (III) A DRAINAGE EASEMENT
ENCUMBERING 0.02 ACRE; ALL TRACTS LOCATED IN THE JAMES EDMONSON
SURVEY, ABSTRACT NUMBER 400, CITY OF DENTON, DENTON COUNTY, TEXAS,
AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND
MADE A PART HEREOF, LOCATED GENERALLY ON ROSELAWN DRIVE, 600 FEET
EAST 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) THE CHAMBERLAIN TRUST (THE "OWNER");
(2) SUCCESSORS IN 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 INTERESTS FOR THE PURCHASE PRICE OF SIXTY
SIX THOUSAND FIVE HUNDRED AND NINETEEN DOLLARS AND NO CENTS
($66,519.00), 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.
WHEREAS, the City of Denton made an initial offer to the Owner to purchase the
Property Interests on June 13, 2012, pursuant to Ordinance No. 2012-131, passed and approved
by the City Council of the City of Denton on June 5, 2012;
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council iinds that a public use and necessity exists, and that the
public welfare and convenience require, the acquisition of the Property Interests by the City of
Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition
of the Property Interests is necessary for public use to provide street and roadway expansion and
improvements to serve the public and the citizens of the City of Denton, Texas,
SECTION 2. The City Manager, or his designee, is hereby authorized to make the final
offer to (i) the Owner; (ii) any and all of Owner's successors in interest to the Property Interests;
or (iii) any other pai-ties who may own any interest in the Property Interests, as may be
applicable, to purchase the Property Interests from the Owner.
SECTION 3. The City Manager, or his designee, is hereby authorized to (a) execute for
and on behalf of the City (i) the Agreement, by and between the City and Owner, 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 $66,519,00 and other consideration, plus costs and
expenses, all as prescribed in the Agreement; and (ii) any other documents necessary for closing
the transaction contemplated by the Agreement; and (b) to make expenditures in accordance with
the terms of the Agreement.
SECTION 4. The City Manager, or his designee, is directed, by certified mail, return
receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the
City relating specifically to the Owner's property and prepared in the 10 years preceding the date
of the offer made by the Agreement.
SECTION 5. The offer to Owner shail be made in accordance with all applicable law.
SECTION 6, If any section, az-ticle, 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 , 2013,
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C
APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
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PARCEL 34-ROW-° i
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VARIABLE WIDTH RIGHT-OF-°WAY DEDICATYO�
SZTUATED IN THE JAMES EDM(�NSON SrTRVEY,
ABSTRACm N0. 400,
DENTON COUNTY, TEXAS
• GRAPHIC 5CALE !'�l00'
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. CONSUL7ING 6NGINEERS dt PLANNER5
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ARLINOTOH,'fEXAS 7EO1t (817) 640-Eb3d
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VOL, 45�2, PG. i336
D.R.D.C.T.
ALL PROF'EFlTY CORNER5 ARE SET i/2"IR/
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95.00'
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.SE� SHEET i
BASIS OF B�ApIN� IS NORTH AMERTCAN �ATUM
OF 1983 (NAD-83) S7ATE PLb,NE CflDRDINAT�
SYSTEM, TEXAS NORTH CENTRAL.
� FARCEL 34—RO�YW 1.
BEING A .
83,338 SQ.FT.��..91 ACRE � "
VARIAHLE WIDTH RIGHT—OF--WAY DEDICATiON
SITUATED iIV TI-�E JAMES EDMONSON SURVEY,
ABSTRACT N0, 400, �
DENT'ON COUNTY, TEXA.S
� Graham Associates,lnc..
� CONSULTING ENGINEERS dt PLANNERS
eoo s!x Flacs owvE, sut� aoo
iUtUNQTYSN, iEXAS 780H 817) a46-68�6
THP£ FlRIA� F-�tvi/TaPts RMi �otaae-oo
�
GRAPHIC 9CALE S'�f00'
, 0 50 100 150
DAiE: JULY 2011
J/DHtiton/P34-RoW-i
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' PAGE a OF 6
SE� SFCEET 2
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A� 2'34'14°
q=2547.50''
T=67.15'
L�114,29'
501°17'07°E
Lc�ii4.29'
THE CHAM��RLAIN TRUS7
VOL. 4522, PG. l336
p.R,n,C.T.
'00"E
BO��LAlYP1 DRIVE
(VbRIABLE WIDTH R.O.W.)
590'00'OU"� 432.5�'
. ./ ' :�/ �
N89'31'33"W 90Q.03'
LONOHtlAN COUN VOL 460 6 PQUT �F28 NOATI�N, INC �
o.A,b,c.r,
ALL PROPERTY C�RNERS ARE SET 1/2"IR/
GAI CAP,UNLESS.OTHERWISE NO7E�,
NO7E: SET 1/2" T.R. W/ GAI CAP T�
BE SET AT ENO OF CONSTRUCTION.
EXHIBIT "A" - to Ordinance (Property Interests)
/ �.
G+!:
r%'
.�;r'.
,.�, ��h�'
G?�'ir���e?
h�" �!�i.
r�'y?�;
��.�G''�-�f .
,s.. �i i�' .
- pHOPOSEO R�D,W,
S00 •00' 00 °W
�. //.'. % % / .�/ . . 22, 44'
/
BASIS OF BEARTNG ZS NOR7H AM�RICAN DATUM
OF 1983 (NAD-83) � STATE PI.ANE COORDINATE
SYSTEM, TEXAS NORTH CENTAAL..
PARCEL 34°—ROw'-� 1 �
�EING A
83,338 SQ.FT./1.91 ACR�
VARIABLE WIDTH RIGHT--OF--WAY DEDICATION �
STTUAT�D XN THE JAMES EDMONS�N SU'RVEY,
ABSTRACT N0. 400,
DENTON COiJNTY, TEXAS
Grah�m Associates,ina.
' . CONSUI.TING £NGINEERS 6c PLANNERS
E00 SiX FI.AQS dRlVE, SU�TE 60�
AFiUNQi0t1�"'�EXAS'79011 817� 648-8536
78P� FlRMt F-1191/T0PL9 RM: 1D1C38-o0
�RAPHI6 9CALE !'�l00'
0 50 S00 150
DATE: JULY 20�41 I
..�����..,.�,,..T �,..,, .
. �
,,
PAGE 4 OF 6
EXHIBIT "A" - to Oxdinance (Property Interests)
PARCEL 34-ROW-1
LEGAT� DESCRIPTION
RIG�IT-OF-WAY DEnICATTON
Being a 1.91 acre tract of land situated in the James Edmorison Survey, Abstract No. 400,
Denton County, Texas, being a portYOn of The Chamberlai� Trust, as recorded in Volume
4522, Page 1336, Deed Records, Denton County, Texas. Said 1.91 acre tract of Iand
being snore particu�arly described by metes an.d bounds as follows;
COMMENCINC7 at a f��znd l•/2�•inc� iron rod with 4561 eap; bezr�g the�southeast.corner
of a tract of Iand conveyed to Jack Parkes and cvife Betty Parkes, as recorded in Volume
5022, Page 3438, Deed Records, Denton County, Texas, and being in the north line of a
Save & Except Txact 1, conveyed to Jack .Arlyn Parkes, as recorded ir� Volume �073,
Page 1207, Deed. Records, Denton County, Texas, also being in the existing wesf right-
of-way line of Bonnie Brae Street (laaving a variable width R.O.'W.); �
THENCE North 77°59'07" East, leaving said e�.isting west right-of way line, for a
distance oi 189„79 feet ta. a set,ll2 inch iron rad with GA.Z cap for corner,. bezng the
POINT OF BEGIl�INING, and being ixy. the proposed north right=of-vvay line of Roselawn
Drive (a variabie wzdth R.OaW.);
THENCE North 00°00'00" East, along said proposed north right-of way Iine, a distance
of 8.49 feet to a set 1/2 inch iron rod with GAI cap for cort�er;
THENCE South 90°00'00" East, continuing along said proposed north right-of way line,
for a distance of 337,00 fe�t to a set 1/2 inch iron rod with GAi cap for corner, bein.g the
most southerly �oini ot a corner-clip with the proposed west riglit=of-v✓ay 1'ine ot" said' "
Bonnie Brae Street (a variable width R,�.W,);
THENCB North 45°00'00" East, along said cornex-clip, for a distance of 21.92 feet to a
set 1/2 inch iron rod with GAI eap for corner, being in said pro�osed west right-of-way
line of Bonnie Brae Street;
THENCE North 00°00'00" Easi, a.long ss.id proposed west z7ight-of-way line, for a
distance of 147.OQ f.eet� ta,. a set.. il2 �rzch-iron,rod ,vvith GAI cap for, cc�r.nex,..t�e,ing the
beginning of a ta�gent curve to the left having a radius of 2452.50 feet, a central angle of
2°34'14" and a long ohord which bears Norkh Ol°17'07" 'West, 110.02 feet;
THEN'CE northwest�rly, along said proposed west right-o�=way line and said curve to the
left, an arc distance of 110.03 feet to a set 1/2 inch i:ron rod with GAI cap for corner;
THENCE North 02°34'14" West, continuing along said pzoposed west right-of-way line,
%r a distance of 333.77 feet to a set l/2 inch iron rod with GAI eap for coz7ner, being the
beginning of a tangent curve to the rigY�t having a radius of 2547.50 Peet, a central angle
of 2°34'14" arzd a long chord which beaz's Noz�tk� 01 °17'07" Wast, 114.28 �eet;
o�
PAGE50F6
EXHIBTT "A" - to Ordinance (Property Interests)
THENCE northvcresterly, along said proposed west right�of way line az�d said cuzve to the
right, an arc distance of 114.29 feet to a set 1/2 inch iron zod with GAI cap for corner;
TI-iEN�E� North°:OOp00'0(3"-Eas�; �contin:ui.�g ��along :said •p;roposed .w.est ri_ght-o�:.�vay .lina,
fox a distance of 6,64 feet to a set �1/2 zn.ch iron rod With GAZ oap for corner, being in the
north line of said Chamberlain Trust tract, and from wk�ich a found 5/8 inch iron rod for
the southeast carner of a tz°act of land eonveyed by deed to Al£red and Beck Camp, as
recorded in Instnunent No. 2010�62292, Deed Records, Denton County, T'exas, bears
Noxth 89°55'12" West, 19,64 feet, sazd point also being in the south line of a tract of land
conveyed� �by ��deed �io �Harlan��P�ro��r-ties; -inc., as r.eco�'rled.: it� ,:Uolurrse .47.04, P.age _1297,
Deed Recozds, Denton County, Te�as;
THENCE South 89°55'12" East, Ieavit�g said proposed west right-of-way line and
followzng along said north line and said south line, for a distance of 95.00 feet to a set 1/2
inch iron rod with GAI cap for corner, being in the proposed east right-of way line of
said Bonnie Brae Street;
THENCE South 00°00'00" West, leav�ng said north line and following aaong said
proposed east right-of-way line, for a distaz�ce of 6.51 feet to a set 1/2 inch iron rocl with
GAZ cap for corner, being the beginning of a tangent curve to the left having a radius of
2452.50 feet, a central angle of 2°3�'14" and a long ehord whicb bears South O1°17'07"
East, 110.02 feet;
THENCE southeasterly, along said proposed east right-of way line and §aid curve to the
left, an are distance o� 110.03 feet to a set 1/2 inch iron rod with GAT cap for c;orner;
THENCE South 02°34'14" East, continuing along said �roposed east riglit-of=way line,
for a distance of 333,77 %et to a set 1/2 inch iron rod with GAI cap for corzier, being the
baginning of a tangent curve to the right having a radius of 2547,50 feet, a centxal angle
of 2°34'14" and a long chord which bears Soutla O1 °17'07" East, 114.28 feet;
'T'HENCE southeasterly, along said proposed east right-of-way line and said cuzve to the
right, an arc distance of 114.29 feet to a set 1/2 inch iroz� rod with GAT cap for corner;
THENCE South 00°00'00" West, cor�tinui�g along said proposed east r�ght-o£-v�a�{ line,�,.
for a distance of 136.00 feet to a set l/2 i.n.ch iron rod �svith GAI cap for corner,'bei.n.g the
most northerly point of a corner-clip with the said proposed nozth right-of-way line of
Roselawn Drive;
THENCE South 45°00'00" East, along said corner-clip, for a distance of 28.28 feet to a
set �/2 inch iron rod wzth GAT cap for corner, being in said proposed �ortl� z�g�,k-of:way,
line of Roselawn Drive;
THENCE South 90°00'00" East, along said proposed noxth right-of-way Iine, for a
distance of 432.50 feet to a set 1/2 inch iron rod with GAT cap for corner;
.�
EXHIBIT "A" - to Ordinance (Property Interests)
PAGE 6 O� 6
TFiENCE South 00°00'00" West, continuing along sazd pzoposed north right-o£ way line,
for a distance of 22.44 ;Feet to a set 1/2 inch iron rod with GAT cap far corner, being in the
existing north right-of-way line of said Roselawn Drive;
THENCE North $9°31'331P West, along said existin� nort�h �right�of-way line, for a
dist�nce of 900.03 feet to the POIN�T OF BEGTNNIN'G arid CONTAINING 83,338
squar� feet or �.91 acres o� land, more or 1ess.
PAGE S 0� 4
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2925 5. 80NNIE 6RAE
ALFRE� 6 BECKY CAMP
TN5T. N0. 20i0-62292
D,R.�.C.T.
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589'37'17"H
tl,36'
iFiE CF{AMB�RLAIN TRUST
VOL. 4522, PG. 1336
D,R.D.C.T.
Noo•oo�oo°
6.67'
A- 2'34'34"
R-2567.50'
T�57.60'
L�115.19'
N01'17'07"W
Lcd115,18'
PAOP09E0 R.O.W.
NO2'34'94
333.77'
EXHIBIT "A" - to Ordinance (Property Interests)
���C' ��
�
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�����,
v�
HA�OIN 470AERAGES�i297C.
n,R.��C.T.
POINT D� BEGINNING
FNO 8/6"IR
589'55'12."E
0'00'00"W
B,B4'
Oy 2'34'14"
RY2647�50'
T�57�1.6'
L�114,29'
S01'!7'07"E
L��114.28'
�
� p
SURVEY LINE
pqOPOSE� R.�,N.
• � TH� CHAMBERLAYN 7RUST
VOL. 4522, P�. i336
o��� I D.R.D.C,T.
o.�` (
a
�502°�4`14"E , `
333,77'
SE� SIiEET 2 •
BASTS OF BEARING IS NORTH AMERTCAN DATUM
0� 5993 (NAD-83} 5TATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CEN7RAL.
PARCEL 34�-US�-1
BEING A
i4,425 SQ.�T./0.33 ACRE
LrTILITX & SL�P.E �AS�EME.NT
SITUATED IN T�IE JAMES EDl1�i0NS�N SI7RVEY,
ABSTRACT N0. 400,
DENTON COUNTY, TEXA.S
� Gr�ham Associates,inc.
■ CONSULTING ENGINEERS dt pLANNERS
a0o sIx Fv+os oPoVE. suITE s04
�,auNaTar, tsatAS 7eot1 (et�) etio-aa3ls
ra� �a�� F-1791/TBPLS FlRM� 101658-00
�
aRAPHLC SCALE !'�100'
0 50 100 i50
pATE; DECEMBER �2011
i /ne..�nn /Pad—I IFF—�
, '
PAGE 2 OF 4
NO2°34°14"
333,77'
��
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O �,
fu���'
�� .
�,A� A- 2'34'!4'
'�� fl�2432.50' �
Tm5A.67'
L-109,i9'
N0i'!7'07"W
Lcri09.i2'
THE CHAMBERLATN iRUST
VOL� 4522, PG. 1336
p,R.D.C.T.
PROPOSEO R�O,N.
N00'00'00"E
162,50'
r�sa •oo �oo°
4,50'
�
�
JACK ARLYN pARKE5 �
VOL. 4073, PG, 1207 �
O.R.�,C.T. I
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EXHIBIT "A" - to Ordinance (Property Interests)
SE� SHEET i
�502'34'!4"E
333,77'
,,. � ^ ,
� d
� a
a�rn
�
,., A= 2'34' lA
R�2452,50'
T=55.02'
L=110,03'
50i '!7' 07"I
Lc=110,02'
o�oo�
.00�
3'00'00"W • ROSi''.�T�A�PN DRIV�'
21'92 {VARIABLE WTtlTH A.a.W.�
LONGHORN COUNCIL 8DY SCOU7 FOUNDATION, ING.
VOL.450. Pa. 526
O:R.qi'C, T.
BASIS DF BEARTNG IS NOR7H AMERSCAN qA7UM
OF 1963 (NAD-89i STATE PLANE COORDINATE
SYSTEM, 7BXAS NORTH CENTRAL.
PARCEL 34--USE�1
BE�NG A
14,425 SQ.FT./0.33 ACRE
�U'TILITY & SLOPE EASEMENT
SITUATED IN THE JAMES EDMONSOr! SURVEY;
� � A�STRACT N0. 400, �
DENTON COUZVT�i', TEXAS
� Grahqm Associates,lnce
� CON5ULTINO ENOINEERS dc PLANNERS
000 SI% FIJ�cT6 DPoVE, 6UI7E sOo
�ur+w��,��us �ao�t �et�:e.�o-,assa
THPE FlRMt F-119t/TBPl.6 RMt 101538-00
GRAPHIC BCALE i'-100'
0 50 100 150
DATE: DECEMBER" 2011
u/ uG11 ��111/ rJ'1—v.��— a
�
PAGE30F4
EXHIBIT "A" - to Ordinance (Property Interests)
PARCEL 34�USE�1
LEGAL DESCRIPTrON
SLOPE EASEMENT
Being a 0.33 acre tract of land situated in�the�James Edmonson Survey, Abstract No. 400,
Denton County, Texas, bazng a po:rtion oiThe Chamberlain Tzust, as recorded in Volume
4522, Page 1336, Deed Records, Denton County, Texas. Said 0,33 acxe tract oi land
being more particularly described by metes and bounds as %llows:
BEGINNII�?G �at�a found -5/8 �inch iron.rocl,..being the southeast corner of a' tract of 1and
conveyed by deed to Alfred and Becky Camp, as recorded in Instrument Na. ZO10-62292,
Deed Records, Aenton County, 7'exas, and the southwest comer of a�ract o£ land
conveyed by deed to Harlan Properties, xnc,, as recorded in Volume 4704, �age 1297,
Deed Records, Denton County, Texas, also being in the north l�ne of said Chamberlain
Trust tract;
THENCE South 89°55'12" East, along said n.orth line of Ck�amberlain Ttust tract and the
south line of said Har.lan tt°act, for a distance of 19.b4 feet.to a point for carner, said point
being the proposed west right-of-way line o�Bonnie Brae Street (a 95 foot R.O.W.);
THENCE South 00°00'00" West, leaving said north line and following along said
proposed west right-of-way line, for a distance of 6.64 feet to a poiut for corner, being the
beginning of a tangent curve to, the left having a radius of 2547.50 feet, a central angle of
2°34'14" and a long chord which bears South O1°17'07" East, 114,28 feet;
THENCE sautl�easterly, along said proposed west right-o� way line an.d said tangent
curve to the left, an arc distance of 114.29 feet to a point for corner;
THENCE South 02°34'14" East, continuing along said p�oposed west right-�f-way line,
for a distance of 333,77 feet to a point for corner, beuag the beginning oi a tangent curve
to the right having a radius of 2452.50 feet, a central ang�e of 2°34'14", and a long chord
which bears 5outh 01 ° 17'07" East, 110.02 feet;
THENCE southeasterly, along said proposed vvest right-of-wa� line and said curve to the
right, an arc disiaz�ce of 110.03 feet to a point for corner,. .
THENCE South 00°00'00" West, continuing along said �roposed west right�of way Iine,
�or a distance of 1�7,00 feet to a point for eorner, being the most northerly pbint of a
eorner-clip with the �roposed rzorth rigk�i-of-way 1'v:�e of Roselawn Dri�ve (a variable
vvidth R.O.W.); .
THENCE South 45°00'00" West, along said corner=clip,,for a distance of 21;92 feet to a
point for corner, being in said proposed north right�of=way lirie of sazd Roselawn Drive;
THENCE North 90°00'�0" West, along said proposed north right-o%way line, for a
distance of 4.50 feet to a point for corner;
EXHIBIT "A" - to Ordinance (Property Tnterests)
PAGE 4 OE 4
THENCE North 00°00'00" East, leaving said proposed north right-of-way line, for a
distance of 162.50 feet to a point for corner, being the beginrzing of a tar�ge�.t curve to the
left having a radius of 2432.50 feet, a central a�agle oi 2°34'14" and a lo;ng chord which
bears Nor�°O1�°17'07" West, �109.12 feet; .
THENCE northwesterly, along said tangent curve to the left, an arc distance of` 109.1�
feet to a point for eorner;
TT�ENCE North 02°34'14" West, for a distan.ce of 333.77 feet to a point for corner, being
the begitin�n�g-of a tange�t ourve to the rigkxt having�a-radius,of 2567.50 feet, a ce�tral
angle of 2°34'14" and a long chord which bears North 01°17'07" West, 115.18 feet;
THENCE northwesterly, along said curve to th� right, an arc distance of 115.19 feet to a
point for corner; �
THENCE North 00°00'00" East, for a distance of 6.6'7 �eet to a point for corn.ex, being in
the said north line of Chamberlaux Trust tract;
THENCE South 89°37'17" East, along said north line, �'or a distance of 0.36 feet to the
I'OlNT OF BEGINNINGr and C�NTAINING �4,425 squaz�e feet or 0.33 acres oi land,
more or less.
p 3^ 1 5 --�v- '-
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� ` PAGE i OF' 4
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2926 5, 90NNiE BRAE
ALFREO & BECKY CAHP
TN57. No. 20l0-B229Q
o,R.o.c.r,
POINT� OF' COMMENCING
FND S/8"IR
�
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�A���
5�a��
THE CHAMBERL.AIN TRUST
VOI,. 4522, PC�, 1�36
�,R.D.C.T<
EXHIBIT "A" - to Ordinance (Property Interests)
S89•65'i2"E
114.6A'
N00 '00' 00"
6,51'
A� 2'34'id"
R�2452.60'
T�55.02'
L-1S0,03'
NOf'17'07"W
Lc•l10.02'
��n
�
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¢ m
w�s
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Ra
� �
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��� s�ET 2
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� NARLAN PROPERTIEB, INC.
YOL, A70�. P0, l297
O.R.�.C.T,
POINT OF eEGINNING
'B5'!2"E
5.00'
'00'06`W eURVEY LINE
8,49'
e� 2�s4�i4�
R�24�7.50'
7�64,69'
Lx109,35'
S01'i7'07"E
Le�109.35'
� .
�' ' THE CNAMe�RLAIN TpUST
W VOL. 4522, PG. l336
; D,R,D.C,T.
N
0
N
BASIS OF BEARING TS NORTH AMERTCAN DATUM
OF 1983 (NAD-B3) STATE PLANE COORDTNATE
SYSTEM, TEXAS NOR7H CEN7RAL.
PARCEL 34-�USE-2
BE�NG A
10,621 SQ.FT./0,24 ACR��: �
�TILITY & SLOPE EASEMENT
SITUATED IN THE JAMES EDMi�N'SON SURVEY,
ABSTRACT N�O. 4D0,
UENTOl�T COUNTY, TEXAS
� ^ Graham Associates,lnc.
I(� CONSUL7ING �NGINEERS bc PLANNERS
`:�1 eo0 SIX Fu0.5 ORIV� SUI1E 800
�' *� -,�uHOaor�,.�c�s 7eot� �e� e4n—e�a
re� RRU� �-itnt/�r�.s e trnoaa�-oo
•GPAPHIC sCALE i'-l00'
0 5� !00 150
QATE: DECEMBER "201'3
J/oenton/P3q-u5E-2
�
PAGE 2 OF' 4
EXHZBIT "A" - to Ordinance (Property Interests)
' SEE SI3EET i
THE CHAMBEALAIN 7HUST
VOL. 4522, P0, i336
p.R.O.C.To
�� � '�I:
� � m �S
ri �
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d- 2'34' 14" .;:'
R�25A7.50'
T=67.15'
L.-114,29° .
\
NOS'17'07'W
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TVOLCHa522��PGN l396r
o,A.o.c.r, -
p� 2'34'14"
R�256 Z r 50 '
T=67,49'
L°114.96'
SO!'17'07"E
L��i14.95'
/ N45'00'00"W� —
21.21'
- — ROSEi,ATPN DBNE
(VARId;BL' E"WTDTH R, O. W. ) "'
�
JACK ARLYN�PAFiKES i
VOL. 4073 pG. 1.207
O,R.[S.C.T. I
�
�
LONDHOFiN COUN Vo�.qD60 e PaUT 820�UN[1ATYON, INC.
�.A.b.C.7.
�ASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAd-83j STATE PLANE COORDINATE
SYSTEM, 7EXAS NORTH C�NTRAL.
PARCEL 34--USE�2
�EING A
. , 10,621 SQ.FT./0.24 ACRE .
UTILITY & SLOPE EAS�MEN'T
SITUATED IN THE JAMES EDMONSON SURVEY,
ABSTRACT N0. 400,
DENTON �OUNTY, TEXAS �
�-
� �`
GRAPHiC SCALE f'-100'
Graham A�sociates,�i��'i� 0 50 100 150
� CONSULTINa ENGINEERS Ec PLANNERS
eoo mx �os �arvE, sui� aoo
'iVtLJNaYa1, "fExAS 7aoH e17) a4o-e6sn '
THP� FlRI�: F-11o1/7HPL3 �Mi totaaa-oo OATE; DEC�MBER 2011
—� v/ uH111. V I I/ ra�i-�.��-c
PAGL30F4
EX�IT "A" - to Ordinance (Property rnterests)
PARCEL 34-USE-2
LEGAL DE5CRIPTION
SLO�E EAS.EMENT
Being a 0.24 acre tract of land sxivated in the James Edmonson Survey, Abstract No. 400,
Dentfln County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume
4522, Page 133�, Deed Records, Denton County, Texas, Said 0.24 acre tract of land
being more particularly described by metes and bouz�ds as follows:
COMMENCING at�a found 5/8 �inch iron �rod;-being��the southeast corner of a tract of land
con�veyed by deed to Alfred and Becky Camp, as'recorded in In.stxument No. 2410-62292,
Deed Records, Denton County, Texas, and tlae sonthvvest cornez� of a tract of land
conveyed by deed to Harlan Properties, Inc., as recorded� in Volume 4704, page 1297,
Deed Records, Denton County, Texas, als� being in the north line of said Charnberlain
Trust tract; • .
THENCE South 89°55'12" East, along said north lina of Chamberlain Trust tract and the
souih line o� sa�d Ha�lan �ract, for a distaz�ce of 114:64�feet to a point for corner, being
the pOINT, OF BEGINNIl�iG, and be�g in the �roposed east right-of-way line af Bonnie
Brae Street (a 9� foot R�.�1V.};
THENC� South 89°55'12" Bast, leaving said proposed east right-of-way line and
continuing along said north line, for a distance of 15.00 feet to a point for eorner;
THENCE South 00°00'00" West, leaving said north line, fox a distance o£ 6,49 feet io a
point for corner, being the beginning of a taz�gent curve to the left having a radius of
2437,�0 feet, a central angle of 2°34'14" and a lang chord which liears Soutfi 01�17`07"
East,109.35 ;feet;
THENCE southeasterly, aloz�g said curve to the left, an at-c distax�ce of 109.35 feet to a
point for corner; � . '
THENCE South 02°34'14" East, for a distance oi 333,77 feet to a point for comer, being
the beginning of a tangent cuzve to tlze right having a radius of 2562,50 feet, a central
angle o�2°34'14" and a long chord �vhich bears South 0.1.°17�'07." �ast,.1.14�95:%et;�. -
THENCE southeasterly, along said curve to the right, an arc distance of 11A�.96 feet to a
point for corner;
TFiENCE South 00°00'00" West, for a distance of 151.00 feet to a point for corz�ex, being
in a corner-clip:.with,�aid proposed east right�of way;lirae. of.' ��r�nie Bxae, �tx�et and the..:, „
proposed north right-of way line of Roselawr� Drive (a variable width R.O.W,);
THENCE North 45°00'00" West, along said corner-clip, for a distance of 21,21 feet to a
point for corner, be�ng in said proposed east right-of way line of Bonnie Brae Street;
'l
EXHIBTT "A" - to Ordinance (Property Interests)
PAOE40F4
THENCE North 00°00'00" East, along sazd proposed east rigb.t-of=way line, £or a distaz�ce
of 136.00 feet to a point for corner, bein�g the beguu�ing of a tangent curve to the left
having a xadius of 2547.50 feet, a centra.l angle of 2°34"14" and a long chord which bears
North O1°1�7-07" West;-114;28 feet;
THENCE northwesterly, alorig said proposed easi right-o%wa� Iine and said cuxve to the
laft, an arc distance of 114,29 feet to a poirit for corner;
THENCE N'orth 02°34'14" West, continuing along said proposed east right-o:f way line,
for a-distance of 333:77 �feet--to a�point• for.cor�.�r.;.l�eing,�the..beginning of a tangent curve°
to the right having a radius of 2452.50 feet, a central angle of 2°34'14" and a long choxd
which bears North 01 ° 17'07" West, 110.02 feet;
THENCE nortk�r�esierly, .along said proposed east right-of vvay line and said curve to the
right, an arc distance of 110.03 feet to a point far corner;
THENCE N'orth 00°00'00" East, for a distance of 6,51 feet to tkie POINT OF
BEGINNING and CONTAINING 10,621 sgua�re feet or �.24 acres of land, more or 1ess.
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JACK ARLYN PARKEB
VOL. �073, PG, 1207
b.R.O.C.T.
� � EXHIBIT "A" - to Ordinance (�'roperty Interests)
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THE CHAM��RLAIN TRUST
VQL, d522, PQ. 1336
• O,R,D.C.T,
PqOPO5E0 q,O.N
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25,00'
'N00 �`00'�00"E �
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POTNT OF
BEGINNING� cr-�e
�2�SELARN D&IVE N90'QO'00"W
(VARIA6LE WIDTH fl.0, W.1 25, 00'
JACK -ARCYN PAf1KE5
VOL. 4073, PG. f2tl7
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BASIS OF BEARIN� I5 NORTH AMERICAN �ATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
5YSTEM, TEXAS NOp7H CENTAAL.
PARCEL 34--DE— i
BEING A �
425 SQ.FT./0.01 A.CRE �
T7`I�ArI�'AG� EASEMl�I�3`T"'
SITUATED IN THE JAIv�ES EDMONSON SURVEY,
A�STRACT N0. 400,
DENT�N COtTNTY, TEXAS
Grahdm Associ�tes,{nc.
� CONSULTING ENGINEERS dc f'L1,NNERS
60G $IX flAOS ORIVE� SUITE b00
AntINGT0N TEKAS 7eott (B17 eAO=ea3a °' `
iHFE FlRMi"'F-1101/TBP�S FlR t 101C38-00
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ORAPHIC BCAIE i'�i00' �
0 50 !00 160
D'A�TE:'' DECEMBER °2011
�/oenton/P3a-oe-s
Page 2 of 2
EXI3IBIT "A" - to Ordinance (Property Interests)
PARCEL 34-D�-1
LEGAL DESCRTPTION
DRA.INAGE EASEMEI�T
Beiug a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No, 400,
Denton Caunty, Texas, being a portion o£The Chambexlain Trust, as recorded in Volume
4522, Page i336, Deed Records, Denton County, Texas. Said 0.01 acre i�act of land
f�eing more particularly described by metes and bounds as fol�ows:
COMN.iENGIN�"r .at: a,fo�d .1/2..inch,lr.on..r.od.:with .45b1 cap, being the southe.ast corner
o� a tract nf land coriveyed to J'ack Parkes and wife Betty Parkes, as recorded in Volume
5022, Page 3438, Deed Records, Denton County, Texas, atad being in the no:rtk� line of a
Save & Except Tract 1, conveyed to Jack Arl�n �'arkes, as recorded in Volume 4073,
Page 120'7, Deed Recoxds, Denton County, Texas, also being in tha existing west right-
o%way line of Bonnie Brae Street (ha�vi�.g a variable vvidth R.O.W.); .
TI�ENCE IVorth 77°59'07" East, lea�ving said existing west right-of way lin.e, for a
disianee of' 189,i9 feet to a point for corner, said point being in the.proposed no�th right-
of-way line oiRoselawn Drive (a variab�e width R.O.�V.);
THENCE North 00°00'04" East, along said proposed north right-of way line, a distance
af 8.49 feet to a point for corner;
THENCE North 90°00'00" East, continuir�g along said prnposed north right-of-way Iine,
for a distance of 307.48 feet to a point for corner, bei�g the 1'OINT ��` �EGINNING;
THENCE Narth 00°00'00" 'East, leaving said� proposed no��tlY �ight-of-way line; � distance
of 17.00 feet to a point for corner; '
TH�NCE North 90°00'00" �ast, a distance of 25,00 ;Feet to a point fox corner;
THENCE South 00°00'00" West, a distance of 17,00 £eet to a point for corner;
THENCE I�lorth 90°00'00" West, a distance of 25,00 feet to the POTNT O�' BEGTNNING
and CONTAINING 42S square feet, O.Q1 acres of land, more or less,
;.
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JACK PARKES AND �
WIFE BE7TY PARKE3 �T'
Y�L, 6022 PQ, 9439 �
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EXISTINO R,O,W.
POINT OF '
COMMENCIN6
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9AVE 9 EXCEF'7
TFiACT 1
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VoL. 4073, P0. SE07
�.H.O,C�7.
EXHIBIT "A" - to Ordinance (Property Interests)
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THE CHAMBERLAXN TRIJST
VOL. A522, pC�, l336
D.R.O.C,T.
PRDPO9E0 F,O�
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ROSELA.'}PTT DRIVE
(VARiAOLE WIOTH R.O,W.).
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8ASZ5 OF BEARING TS NORTH AMERTCAN.DATUM
OF 1963 (NA�-63} STATE PLANE COOR�INATE
5YSTEM, TEXA5 NORTH CENTRAL,
PARCEL 34--DE-2
BETNG A .
500 SQ,FT./OaOi ACRE
DRAYNAG��-, ������iE1�'� , ,�.
SITUATED iN T�iE JAM�S EDMONSON SU'Ri�EY,
ABSTRACT N0. 400,
. DENTON COUNTY, TEXAS .
� Grah�m Associates,lnc.
■ CONSULTING ENGINEERS bc PLANNERS
eoo s�x Fuos oalv�, sul� soo
MLINGTON� TEXAS 7E011 (E) E4b-E636
TePE�-flR�It F-U01/iEPL9 Fl :'10163E-00 �
ORAPHIC SCALE i'�l00'
0 50 100 150
DATE;� DEGE�MBER.• 20,11 I
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VOL.. 4522, PG. 19�6
D,R.D.C.7�
'.0.0 '..00.',' E
25.00'
-SOO °OO'OO"W
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POZNT OF
BEGINNTNG
EXHIBIT "A" - to Ordinance (Property Interests)
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(VAAZA�LE WIDTH R.O.W,)
LONGHORN COUNCTL BOY 5COUP pDINrDATION, TNC.
VOL � 450. P0. 626
O�R�D.C�T.
BASIS OF gEARTNG IS NORTN AMERICAN dATUM
OF 1983 (NAD-H3) 5TATE PLANE COORDINATE
SYSTEM, TEXAS NOATH CENTRAL.
PARCEL 34—DE-°2
HEING A .
500 SQ.�'T./4.01 ACRE
DRAINAGE EASEIVrENT
SITUATED �S�t THE JAII�ES EDMONSON SURVEY,
AHSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
. CONSULTING ENGINEERS dc PL.ANNERS
Oo0 siX IMC9 DRIVE, SUI7E 6D0
�.aRUNC7oN, iF�cAS 760i1 (ef7) e4o-as�.S'
THPE FlRhlt F-11B1/TePL3 FlRMt 1o1C36-oD
ORAPHIC BCALE 1`-!DO'
0 50 100 150
DAT�: DECEMBE�1 �2019
J/Dentdn/p34-DE-2
' Page 3 of 3
EXHTBIT "A" - to Ordinance (Property Interests)
PARCEL 34-DE-2
�.,EGAL DESCRIPTION
DRA.iNAGE EASETVIENT
Being a 0.01 acre tract of land situated in. the James Edmonson Suzvey, Abstract No, 400,
Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume
4522, Page 1336, Deed Records, Denton Cou�nty, Texas, Said 0.01 acxe tract o:f land
bezng more particularly described f�y metes and bounds as follovvs:
COMNiEN.CING at a%und�.1/2 inc� iron rod,with 4561, cap,.being ihe.southeast corner
of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume
5022, Page 3438, Deed Records, Denton County, Texas, and being �n the north line o£ a
Save & Excepi Tract 1, conveyed to Jack Arlyn Parkes, as recorded in Volume 4073,
Page 1207, Deed Records, Denton County, Texas, also being in the existing west right-
of way line of Boz�nie Brae Street (having a variable width R.O.W.);
,, THENCE North 77°59'07" East, leaving said existing west right-of way line, for a
distance of 189.79 feet to a�oint for comer, said point being in the existing north right-
of-way Tin� o�f�Roselawn�Drive (a°�ari�bl��v,�idth R:0.�1.);
THENCE South 89°31'33" East, along said exzsting north right�of-way lina, a distance of
512.38 feet to a paint %r corner;- �
THENCE North 00°28'2T' East; leaving-said existuig north-ri.ght-o%way line, a distanc�,
o� 19.23 feet to a point for corner, being the POINT OF BEGINN'ING, said point being in
the pzaposed north right-of-way li.ne of Roselavcm Drive {a variable wzdth It.O.W.);
THENCE North 00°00'00" East, leaving said proposed nort� right-of way line, a distance
of 20.0� feet to a point for corner;
TFiENCE North 90°00'00" East, a dista�ae of 25,00 feet to a point for corner;
THEIV�CE South 00°00'00" West, a distance of 20,00 feet to a point for comer, said �oint
being in. the proposed north right-of-way line of said Roselawn Drive;
T'HENCE North g0°akD'00" West, along said proposed �ort�r �g��-of way� line;� a distance °-
of 25,00 feet to the POINT OF BEGINNING and CONTAINING 500 square feet, 0,01
acres of land, more or less.
EXHIBIT "B"
TO
ORDINANCE
� PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated
2013, but effective as of the date provided below, between The Chamberlain Trust (referred to
herein as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, The Chamberlain Trust is the Owner of a tract of land (the "Land") in the
James Edmonson Survey, Abstract Number 400, being affected by the public improvement
project called the Bonnie Brae Road Widening and Improvements Project ("Project"); and
WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii)
easements in, along, over, upon, under and across, a portion of the Land, each related to the
Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acicnowledged, the parties agree as
follows:
1, A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so called), conveying to the City, subject to the reservations described
below, the tract of land being described in Exhibit "A" to that cer�tain Special Warranty Deed,
and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being
attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Slope Easement (herein
so called), in, along, upon, under, over and across the tracts of land being described in Exhibit
"A" and Exhibit "B", respectively, 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 Drainage Easement (herein so
called), in, along, upon, under, over and across the tracts of land being described in Exhibit "A"
and Exhibit "B", respectively, to that certain Drainage Easement (the "Drainage Easement
Lands"), attached hereto as Attachment 3 and made a part hereof, for drainage purposes, as more
particularly described therein (the Utility and Slope Easement Lands and the Drainage Easement
Lands are collectively referred to herein as the "Easement Lands"),
The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1"; (ii) the Utility and Slope Easement shall be in the form
and upon the terms as attached hereto and incorporated herein as Attachment 2; and (iii) the
Drainage Easement shall be in the form and upon the terms as attached hereto as Attachment 3
(the Utility and Slope Easement and the Drainage Easement are collectively referred to herein as
the `Basements") (the Fee Lands and the Easements are collectively referred to herein as the
"Property>').
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for 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
2
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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" shail 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).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Fee Lands and the Easements to the
City, the City shall pay to Owner at Closing the sum of Sixty Six Thousand Five Hundred and
Nineteen and No/100 Dollars ($66,519.00). The monetary compensation prescribed in this
Section 2 is herein referred to as the "Total Monetary Compensation".
3, In addition to the Total Monetary Compensation, and being a component part of the Project,
the City shall reconstruct, at its sole cost and expense, that area of Owner's driveway within the
Fee Lands. The driveway shall be reconstructed in a worlcmanlike manner, using materials
comparable to that of the existing driveway materials found. The worlc prescribed in this Section
3 is herein referred to as the "Driveway Worlc".
4. The Owner shall convey and grant to the City the Fee Lands and the Easements free and
clear of all debts, liens and other encumbrances (the "Encumbrances"). The Owner shall assist
and support satisfaction of all closing requirements of the City in relation to solicitation of
3
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releases or subordinations of the Encumbrances and other curative efforts affecting the Fee
Lands and/or Easement Lands, if necessary in the discretion of the City, In the event that all
Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a
default hereunder, although Owner may otherwise be in default under Section 11, below.
However, if the Encumbrances are not cured as provided herein, City has the option of either (i)
waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this
Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter
event Owner and City shall have no further obligations under this Agreement.
5. Owner stipulates that the Total Monetary Compensation payment and the Driveway Worlc
constitute and include all compensation due Owner by City related to the Project, including
without limitation, any damage to or diminution in the value of the remainder of Owner's
proper-ty caused by, incident to, or related to the Project, value of, damage to and/or costs of
repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any
other structure or facility of any lcind within the Easement Lands and/or Fee Lands related to
activities conducted pursuant to the Easements or City ownership of the Fee Lands, and
interference with Owner's activities on the Easement Lands or other property interests of Owner,
caused by or related to activities within the scope of the rights granted by the Easements,
whether accruing now or hereafter, and Owner hereby releases for itself, its successors and
assigns, the City, it's officers, employees, elected officials, agents and contractors from and
against any and all claims it may have now or in the future, related to the herein described
matters, events and/or damages.
6. The Closing (herein so called) shall occur in and through the office of Universal Title
Agency, LLC, d/b/a Universal Land Title of Texas, 2650 Bardin Road, Suite 101, Grand Prairie,
Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date
which is 90 days after the Effective Date, unless the Owner and the City mutually agree, in
writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described
4
above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the
next resulting business day.
7. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to
the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the
calendar year in which Closing shall occur shall be prorated between Owner and City as of the
Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is
not lcnown as of the Closing Date, the proration shall be based on the amount of taxes due and
payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in
cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which
Closing shall occur is lcnown. The result of such proration is that the Owner shall pay for those
taxes attributable to the period of time prior to the Closing Date (including, but not limited to,
subsequent assessments for prior years due to change of land usage or ownership occurring prior
to Closing) and City shall pay for those taxes attributable to the period commencing as of the
Closing Date. All other typical, customary and standard closing costs associated with this
transaction shall be paid specifically by the City, except for Owner's attorney's fees, if any,
which shall be paid by Owner.
8. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of
this Agreement.
9.A. In the event Owner shall default in the performance of any covenant or term provided
herein, and such default shall be continuing after ten (10) days written notice of default and
opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity
or otherwise, including without limitation, the remedy of specific performance.
B. In the event City shall default in the performance of any covenant or term provided herein,
and such 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,
5
10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE 1N
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
11. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter
into any Agreement that will be binding upon the Fee Lands or Easement Lands, or upon the
Owner with respect to the Fee Lands or Easement Lands, after the date of Closing.
12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and 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:
OWNER;
The Chamberlain Trust
3900 Roselawn Drive
Denton, Texas 76207
Phone
Telecopy
CITY,
City of Denton
Paul Wiiliamson
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, First Assistant City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
13. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
14. 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. The Trustee(s) of The Chamberlain Trust (as used in this Section 16, the "Trust") shall, on
or before fifteen (15) days after the Effective Date, (i) deliver to City a true, correct and complete
copy of the trust agreement of the Trust identifying the "true owner" of the Property; and (ii)
identify the "true owner" of the Property to City, all in accordance with Section 2252.092 of the
Texas Government Code.
17. Authority to talce any actions that are to be, or may be, taken by City under this Agreement
and/or Easements, including without limitation, adjusting the Closing Date of this Agreement,
are hereby delegated by City, pursuant to action by the City Council of Denton, Texas, to Franlc
Payne, City Engineer of City, or his designee.
7
CITY OF DENTON, TEXAS
By:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: , 2013
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Date: , 2013
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Date: � �;,� ��; �. _ °�'�` 2013
� �
OWNER:
THE CHAMBERLAIN TRUST
By: _
Name:
Title:
Date:
f:�
2013
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 further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Universal Title Agency, LLC
d/b/a Universal Land Title of Texas
2650 Bardin Road, Suite 101
Grand Prairie, Texas 75052
Telephone: (972) 206-7570
Telecopy; (972) 206-2870
:
Printed Name;
Title:
Contract receipt date; , 2013
E
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 THE CHAMBERLAIN TRUST (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 acknowledged and
confessed, has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas being particularly described in Exhibit "A", attached hereto and made a part hereof
for all purposes, and being located in Denton County, Texas, together with any and all
rights or interests of Grantor in and to adjacent streets, alleys and rights of way and
together with all and singular the improvements and fixtures thereon and all other rights
and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for 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, 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 su�face of the earth.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions]
This Deed is subject to that certain Purchase Agreement, dated on or about
2013, by and between Grantor and Grantee.
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
Page 2 of 3
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
EXECUTED the
THE STATE OF TEXAS
COUNTY OF DENTON
day of
2013.
THE CHAMBERLAIN TRUST
By:
Name:
Title:
ACKNOWLEDGMENT
§
§
This instrument was acknowledged before me on
2013 by , as
Trust.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
of The Chamberlain
Notary Public, State of Texas
My commission expires:
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
;
° � PAGE 9 tlF 6
/
1
/
_-.—_________fL
Jl
/1
JACK PARKES qN0
WTFE BETTY PAFKE9
VOL. 5022, PG. 3499
O,R�O.C.7,
EXIS7TNG R.O.W
POIN7 OF �
COMMENCING
FND i/2"IR/4865
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JACK ARLYN PARKEB
VOL, 4073 PG. l207
O.R�[S�C,7.
ALL F'FOPERTY CORNEAS ARE S�7 1/2"iR/
GAI CAP UNLE5S OTHERWISF NOTEO,
NOTE; SET 1/2°' T,R, W/ C�AI CAP TO
BE SET AT END OF CONSTRUCTIQN.
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EXHIB�T "A" - Page 1 of 6
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THE CHAM�ERLAIN TAUST
' VOL, 4522, PG, i336
O.R.�.C.T.
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6ASIS DF BEARING IS NoRTH AMERICAN dATUM
OF l983 (NAD�63) STATE PLANE COORbTNATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 34--ROiN'--1
�EING A �
83,338 SQ.FT./1.9i ACRE
VARIABLE WIDTH RIGHT�-O�—WAY DEDTCAT�O�V
�, STTUATED IN THE JAM�S EDMONSON SURVEY,
� ABSTRACT No. 400,
DENTON CQUNTY TE�AS
• � �RAPHIC SCALE f'-100'
� Graham Associates,lnc.
■ CONSULiING ENGINEERS Sc PLANNER5 0 5o iao i5o
eoo gx tuos oRive, su�� soo
18PE FlR�: F'�^11D1/THPIS FlR� �10�38—DO
"DATE: JUL'Y' 2011
�/uenton/r�a—now—s
PAGE 2 OF 6
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AIFFED�9 BECKY CAHP
INST. Nn. 2050-62290
O,R.O.C.T,
•N89'85'12"W
^19,64'
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TH� CNAMBERLAIN TRUST
VOL. 4522, {?G, i336
D.R,D.C.T�.
ALL PROPERTY CORNERS ARE SET 9/2"IR/
GAT CAP UNLE55 OTHERWISE NOTEq.
NOT�: SET 2/2" I.fi. W/ GAI CAP 70
BE SET AT END-aF CONS7RUCTION,
d= 2'3d'14"
a-2647,so�
T=57,15'
L=114.29'
N01'!7'07"W
Latii4.28'
EXHIBIT "A" - Page 2 of 6
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S89'55'12
95.00'
,� • 500'00'00"W � SURVEY LINE
6.51'
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i R�2452.50'
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,'�/ Lc�110,02'
/'i� � �% � THE CHAM6ERLAIN TRUST
i:: ��.� .• VOL. 4522, PG. 1336
• � °" D.R.O.C.T.
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PRaPO5E0 H2O.W. �' � PROPOSE� p,O.W�
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.SEP SHEET i
OFS1983F(NAb�83) 37A7ERPLANEECODRdINATEM
SYSTEM, TEXAS NORTH CEN7FtAL.
� PARCEL 34-RO'PV- � �
BEING A �
83,338 SQ.FT./1..9i ACRE
VARTABLE WIDTH RIGHT-OF-WAY nEDZCATION
SITUATED IN TI�E JAMES EDMONSON SURVEY,
ABSTRACT N4. 400, '
DENTUN COUNTY, TEXAS
�Graham Associates,inc, .
� CONSULTIN(3 ENGINEERS dc PLANNEkS
Il�sl l eoo s�x �.r�cs ot�v�, sui� eoo
`�'J ,1�9PE,FlR'i f^i181/TH�PLS F78f2Mi �10�16-38-00
ORAPHTC SCALE S'�500'
0 60 100 150
�ATE: JUL'Y '2� 1'1
I /nn.�Fnn /P4d-Flnw-1
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� PAGE 3 OF 6
SE� SHEET 2
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EXHIBIT "A" - Page 3 of 6
ALL PROP�RTY CORNERS AF1E SET !/2"IR/
GAI CAP UNLESS OTHERWISE NOTEO,
NO7E: SET 1/2" I.R. W/ GAI CAP TO
BE S�T AT �ND DF CONSTRUCTION.
VARIABLE
SITTJATED
BASIS 0� BEARING x5 NOR7H AM�fiICAN DATUM
OF iSeB (NAO-83)�57ATE PLANE COORDTNATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 34-°ROW-1
BEING A
83,338 SQ.FT:%1.9�.` AC��,
WIDTH RIGHT-4F--WAY DEDICATION
ZN THE JAMES EDMONSON SU'RVEY,
ABSTRACT N0. 40�,
DENTO�t C�UNTY, TEXAS
� Graham Associates,inc.
CONSULTINC ENGlNEERS 8c PLANNERS
eno sx Fues owve, suirE aoa< :,
I 'iRRiRJOTON;"7EXA8 76011 (817� 04G-8636
7HpE FlRF17 f'-11D1/TBPLS FlftM: iD16'JE-�00
GRAPHIG SCALE �"�50�'
0 50 100 150
pATE: JULY 2011
�/oenton/r:�a-r+ow-i
PAGE 4 OF 6
PARCBL 34-ROW-1
L�GAL DESC�TPTION
RiGHT-O�'-WAY DEAICATION
EXHIBIT "A" - Page 4 of 6
Being a 1,91 acre tract of iand situated in the James Edmonson Survey, Abst�act No. 400,
Denton County, T�xas, being a portion of The Charnberlain Trust, as recorded zn Volume
4522, Page 1336, Deed Rec�rds, Denton County, Texas. Sazd 1,91 acre tract of land
being more particularly describ�d by metes and bounds as follows;
C�NIIVILN�CII�tfi'r"at a'°found l/2•in�h��iron rod wit1���56�-cap, being the southeast aorner
of a tract of land conveyed to J'aek Parkes and wife Betty Parkes, as recorded in Volume
5022, Page 3438, Deed Records, Dentoz� County, Texas, anc� being in the nox�kh line of a
Save & Except Tract 1, conveyed to Jack Arlyn Parkes, as xecorded in Volume 4073,
Page �207, Deed Records, Denton County, Texas; also being in the existing west right-
of way �ine of Bonnie Brae Street (having a variable widtli R.O.W.); �
THENCE North 77°S9'07" East, �ea�ving said e�ci.sting west right-o� way line, for a
distance nf 189.79 feet to a set 1/2 inch iron rod with GAI cap for comez�, being the
PO1NT OF BEGINNTNG, and being in the proposed north right-of-way line of Roselawn
Drive (a variab�e t�.d�h R.O.VV,);
THENCE Noztk� 00°00'00" Easi, along sa�d proposed north right-of-way line, a distance
of 8,49 feet to a set 1/2 inch iron rod with GAI cap for corner;
TI�ENCE South 90°00'00" East, contanuing along said proposed north right-of way line,
far a distan.ce of 337.00 feet to a set 1/2 inc% iron rod with GAX cap #'or corner, being the
most southerly point of a corner�clip wiYh the �roposed west right-of way line ot' said
Bonnie Brae Street (a �variable width R,O.W,);
THENCE North 45°00'00" East, along said corner-clip, for a distance of 21,92 feet to a
set 1/2 inch iron rod witk� GAI eap for corner, being in sa�d proposed west right-of-way
line of Bozinie �rae Street;
T�l'ENCE North 00°00'00" East, alo�ng s�id praposed west right-of-way line, for a
distance of 14'7.00 feet to a set 1/2 inch iron rod with GAI cap for corner, being th:e��•
begirming oi a tangent curve to the left having a radius of 2452.50 feet, a central angle of
2°34'14" and a lon.g chord which bears North Ol°17'07" West, 110.02 feet;
THENCE northwesterly, along said pro�osed west right-of�way line and said curva to the
left, an arc distance o� 110.03 feet to a set 1/2 inch iron rod with GAI cap for corner;
THENC� North 02°34'14" West, continuing along said proposed west right-of vvay line,
for a distance of 333.7'7 feet to a set 1/2 inch iron rod with GAI cap for coz7nez�, being the
beginning of a tangent cuz°ve to the right having a radzus of 2547.50 feet, a central angle
of 2°34'14" an:d a long chord wluch bears North Ol ° 17'07" �S�V'est, 114.28 feet;
, o
EXHIBIT "A." - Page 5 of 6
PAG�SOF6
THENCE northwesterly, along said proposed west right-of-way line and said curve to the
right, an arc distance of 114.29 feet to a set 1/2 inch iron rod with GAI cap for corner;
THENCE-N�rth�00°00'00" East, eontinuing�alo�zg said proposed west right-of-way line,
for�a distance of 6.64 feet to a set 1/2 inch iron rod wzth GAT cap for corner, being in the
n.orth line of said Chamberlazn Trust tract, and from which a found 5/8 inch iron rod for
the southeast corner of a tract of land conveyed by deed to Alfred and Beck Camp, as
recorded in Instrument �To, 2010-62292, Daed Records, Dentoz� County, Texas, bears
North 89°55'12" West, 19.64 feet, said point also being in the south line of a tract of land
con�eyed by �deed��to Harlan Properties, •�nc:; as �r•�coxded in 'Volume 4704, Page 1297,
Deed Records, Denton County, Texas;
THENC� South 89°SS'12" East, leaving said proposed �vest right-of-way line and
follovvzng along said north line and said south Iine, for a distance of 95,00 feet to a set 1/2
inch iron rod with GAI cap for corner, being in the proposed east right-of way kin�e of
said Bonnie Brae �treet;
THENCE South 00°00'00" West, leaving said north line and fo�lowing along said
proposed east right-of-way lina, for a distance of 6,51 feet to a set 1/2 inch iron rod vvith
GAI cap fox corner, beittg the beginning of a tangent cutve to the left having a rad'zus of
2452.50 feet, a central angl� of 2°34' 14" and a long ehord which bears South O 1° 1 i'07"
East, 110, 02 feet;
THENCE southeasterly, along said proposed east right-o£ way line az�d said curve to the
left, an are distance of 110A3 feet to a set 1/2 inch iron rod with GAI cap for corner; �
THENCE South 02°34'14" East, con�inuing aloz�g said proposed east righ�-af-way line�
for a distance of 333.77 feet to a set 1/2 inch iron rod with GAI cap for corner, being the
beguuiing of � tangent curve to the right having a radius of 2547.50 feet, a central angle
of 2°34'14" and a long chord which bears Sout1� 01 °17'07" East,.114.28 feet;
THENCE southeasterly, along said proposed east right-of-way line and said curve to the
right, an arc distance of 114.29 feet to a set 1/2 inch iron rod with GAI cap for coznez�;
THENCE South 00°00'00" West, continuing along said proposed east right-af v�ay line,_:,.
for a distance of 136,00 �eet to a set 1/2 uach iron �od with GAI cap for corn.er, bei.rrg the
most northerly point of a corner-clip with ttie sa�d proposed nvrth z�ght�oi way line of
Roselawn Drive;
THENCE South 45°00'00" East, along said comer-clip, for a distance of 28.28 feet to a.
set �/2 ineh iron rod with GAZ cap for corn.ex, being in said proposed north right-of waX
lzne of Roselawn Drive;
THENCE South 90°00'00" East, along said proposed north right-of-way Iina, for a
distance of 432.50 feet to a set 1/2 inoh iron rod wzth GAI cap for corner;
EXHIBIT "A" - Page 6 of 6
PAGE 6 Or 6
TIiENCE Sauth 0�°00'00" West, continuing along said proposed north right-o� r�vay line,
for a dista�ace of 22.4� feet to a set 1/2 izzc� aron rod with GAI cap for corner, being in the
exist�n.g north right-of-way line of said Roselawn 17rive;
T�-iENCE North 89°31'33" West, along said e�sting r�orth right�of-way li�ae, %r a
distance of 900,03 feet to the PDINT OF BEG7NNING axid CONTAINING 83,33$
square feet or 1.91 aczes o�land, more or less. �
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 The Chamberlain Trust ("Grantor"), whose mailing address is 3900 Roselawn Drive,
Denton, Texas 76207, in consideration of the sum of Ten and No/100 Dollars ($10,00) and other
good and valuable consideration in hand paid by the City of Denton, Texas, receipt and
sufficiency of which is hereby acicnowledged, has GRANTED, BARGAINED, SOLD and
CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the
City of Denton, Texas ("Grantee") a 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 James Edmonson Survey, Abstract Number
400, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B", RESPECTIVELY,
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes;
Constructing, reconstructing, installing, repairing, relocating, operating, and peipetually
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 uninterrupted 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 and/or lateral slope features or grade or any part
thereof.
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any 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 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 , 2013,
Grantor:
THE CHAMBERLAIN TRUST
:
Name:
Title:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2013 by
. as of The Chamberlain Trust.
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn; Paul Williamson
3
Notary Public, State of Texas
My commission expires:
PAGE 1 OF 4
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ALFRED & BEGKY CAMP
INST. N�. 2010-62292
D,R.D.C�T.
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589'37' 17"E
0.36'
THE CHAMeEALAIN TRU5T
VOL. 4522, PG. 1336
�,R.o.C,T.
N00 •00'00"E
6.6%'
A= 2'34' 1,4"
R�2567.50'
T�57.60'
Ly11��19'
NOi'i7'07"W
Lcmii5.i8'
PROP09E0 F1.�.W.
NO2•34'74"
333.77'
EXHIBIT "A" - Page 1, of 4
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VOL. 470A, PG. 1297
D,R.D.C.7,
; p oI�N�e�OR BEGINNING
-588'fi9'12"E
19.64'
'00'00"W I
6,64'
2 °34' 1-0"
547�60'
J. !,5'
l4.z9'
17'07"E
11A�2B'
�
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a
9UHVEY LINE
pRtlPOSEf7 A.O.W�
THE CHAMBERI.ATN TRUST
VOL. 4522, pG, i336
��� I D.R.D.C.T.
o� I
�
, ,5Q2'"3'4.�,q,,yn�:� ,
333.77'
3EE SHEET 2 �
BASIS 0� 6EARIN6 TS NOFTH AMERTCAN DA7UM
SY5TEM� TEXAS8NOR7HACENTRAL� CoaRDINA7E
PARCEL 34-Li�E--1.
BEING A
14,425 SQ.FT./0.33 ACRE
UTILITY & SLOPE EASEII�ENT
S�TUATED IN Ti3E J.AMES EDMONSON SURVEY�,
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
Grahdm Associates,lnc.
. CONSULTING ENGINEERS � PLANNERS
00o sIX FUG9 pRIVE. SUITE 600
MuNaTON� 7EXA5 76011 (eli) aA0-Bb3S
7EAE FlRAII F-1191/TBPL9 fiRMl 10t6"�0-DO
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aRAPHIC SCALE !°�l00'
p 50 !00 150
�' DA7E: DECEMBER•2011 �
J/penton/P34-USE°1
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393.77'
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L-109,13'
N01'17'07"W
Lo�109.i2'
THE CHAM6�RLATN TRUST
VOL, 4522, PG. l336
D.R,D.C.T�
PROPOSEB R.O,H.
N00'00'00"
162,50'
sE� s�E�x i
�
2'34' !4"E
333,77'
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50i'17'07"I
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;;�;' 147.00'
. . N90'00'00'"W
4.50'
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VOL. 4D73, PG, 12D7 �
❑.RwD,C.T. -
I..
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EXI3IBIT "A" - Page 2 of 4
.a�,D6"W: ROSELA.�PPN"DRIV�
�" g� (VARIABLE WIDTH A.O, W, )
LONOHORN COUNCTL BOY ScoUT FoUNDATTaN. INC,
VOL.450 PG. 626
D`, R', b: C, T':
BASIS oF BEARING IS NORTH AMERICAN bA7UM
OF 1983 (NAD-83) STATE PLANE COOROINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 34--USE--1
BEZNG A
14,425 SQ.FT./0.33 ACRE
UTILZTY & SLOPE LASEMENT
SITUATED IN THE JAMES EDMONSOI� SURVEi'', -
� ABST�ACT Na. 400,
DENTON COLJrNT'Y, TE�A.S
� Graharn Associdtes,inc.
� CONSULTING ENGINEERS & PUNNERS
eoo six F�,�.os oR�vE. svlt� aoo
;4TiLINOTOti;'SEXAS 76011 Ld17� Ed0-8b36
THPE FlftAlt F-t101/THPL3 FlR1A� t01E38-00
OFAPHIC 5CALE !'-SOO'
0 50 100 S50
DATE: DECEMBER�2011
V/VC111.U11/rJ'1—v�ai.- �
,
PAGE 3 OF 4
PARCEL 34�USE-1
ZEGAL DESCRIPTION
SLOPE EASEMENT
EXHIBIT "A,!! _-� P.a�e�3 .of..4 _
Being a 0.33 �cxe tract of land situated in�the Jarnes Edmonson Surve�, Abstract N'o. 400,
Denton County, Texas, being a portion of The Chamberlain Tz�ust, as recorded in Volume
4522, Page 1336, Deed Records, Denton County, Texas. Said 0,33 acra tract oi land
being more partxcularly described by metes and bounds as follows:
B�t7INN�NG at �a foun.d S/8 inch iron rod, bei .ng,.the southeast corner of a t�act o£ land
conveyed by deed to Alired and Becky Camp, as recorded in Instrument No. 2010-62292,
Deed Records, Denton County, Texas, at�d the southvvest comer of a tract of land
conveyed by deed to Harlan propexties, Inc., as recorded in Volume 4704, �'age 1297,
Deed Records, Denton County, Texas, also being in the north lina of said Chamber�ain
Trust tract;
THENCE South 89°55'12" East, along said north line of Chamberlain Trust tract and the
south lzne of sazd Harlazi tract, for a distance of 19.64 feet to a point for corner, said poin.t
being the proposed west right-of-way line o�Bonnie Brae Street (a 95 foot R.O,W.);
T'HENCE South 00°00'00" West, leaving said n.orth line an� following along said
�roposed west right-o� way line, for a distance of 6.64 feet to a point for corn.er, being the
beginning,o�' a tangent curve to the 1eft having, a z'adius of 2547,50 feet, a central angle of
2°34'14" and a long chord which bears Sou�h O1 ° 17'07" East, 114.28 feet;
THLNCE southeasterly, along said proposed west right-of-way line atad said tangent
curve to the left, an arc distance of 114.29 feet to a point for corner;
THENCE South 02°34'14" East, continuing along sa�d proposed west right-of-way line,
for a distance of 333,'77 feet to a point for corner, being the beginning of a ta:n:gent curve
to the right having a radius of 2452.SO �eet, a central angle of 2°34'14" and a long chord
which bears South 01 °17'07" East, 110.02 %et; �
THENCE sautheasterly, along said proposed �rest right-of-way line and said curve to the
right, an are distance of 110,03 feet to a point for corner;
THENCE South 00°00'00" West, continuing along said proposed west right-of-way Iine,
�or a distance of 1�7.00 feet to a point for corner, being the most northerly pbint of a
corner-clip with the proposed north right-of-way line oi 12oselawn Drive (a variable
vvidth R,O.W.); �
THENCE So�th 45°00'00" West, along said corner=clip,.for a distance of 21.92 feet to a
poant for corner, being in. said proposed north right-of-way lirie of sazd Roselavvn. Drive;
THENCE North 90°00'00" West, along said proposed �ozth rigbt-of way Iine, for a
distance of 4.50 feet to a�oint for corner;
EXHIBIT "A" - Page 4 of 4
` PAGE 4 OF 4
THENCE North 00°00'00" East, leaving said proposed north right-o£ vva� tine, for a
distance of � 62.50 feet to a point for corner, bei:ng the beginning of a tangent curve to the
left having a radius oi 2432.50 feet, a ce�tral angl� of 2°34'14" and a long chord which
beat's North �01 ° 17'07"� West, �1�4�:�1' 2 feet;
T�-iENCE northwesterly, along said tangent cuzve to ihe left, an arc distance of 109,13
feet to a point for corner;
THENCE North 02°34'14" `West, for a distance of 333.77 feet to a point for corner, being
the :beginning-..of •a :ta�agent�.cur,ue. to .Yhe,.right.havang-.a. r.adius .of �567,.S.Q:..�eet, a central
angle of 2°34'14" and a lor�g ck�ord which bears N'orth O1°17'07" West, 115.18 feet;
THENCE northwesterly, along said curve to the right, an arc distance of 115.19 feet to a
�oint for corner;
THENCE North 00°00'00" �East, for a distance of 6.67 �eet to a point for corner, being in
the said north line of Chamberlain. Trust tract;
THEN�E Soufh 8�°37'17" East, along said nort�i'Iine, �ox a c�istance of 0.36 feet to the
POINT OF BEGZNNTNG and CONTA.II�IING 14,425 square feet or 0.33 acres of land,
more or less.
p-3-'�5-�v• v
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PAGE 1 0� 4
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POINT• OF' COMMENCING �
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THE CHAMBERLAIN TRUST
VOL. 4522, P0. l�36
O,R,Q.C,T,
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EXHT,BIT ,"I�.,'.,- .P..age.1. of.4, .
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YOL, 4704, P0. 5297
p.R.O.C.T�
POINT OF BEGINNING
S89"55 "!'2"E
15.00'
•S00'00'00"W sURVEY L7(NE
8.49'
A= 2 °34'!4"--J ,� �a� 2'34' 14"
R�2452.fi0' R-2437.50'
Trfi5.02' Ttr54.69'
NO1S�7�07"W ,,`i �-"109,35'
Lc-i10.02' .,� S01'17'07"E
La-ib9,35'
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� �^ "' THE CHAMeERLAIN TRUST
� W VOL� 4522, PG. l336
o � � � �H D,R.O.C.T.
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�EE �HEET 2
BASIS OF B�ARING I5 NORTH AMERiCAN DATUM
OF 1983 (NA�-B3) STATE PLANE COaROTNATE
5Y5TEM, TEXAS NORTH CENTRAL.
PARCEL 34-�USE�2
BE�NG A
10;62-1 SQ.FT./0,2� ACR�E- .
UTILITY & SLOPE EASEMENT
SITUATED IN THE JAMES EDMONS4N SURVEY,
ABSTRACT N�. 400,
DENTOIV COUNTY, TE�A.S
� Graham Associates,inc.
� CoNSULTING �NGINE�RS dc PLANNERS
eoo gx Fucu oR�v�. sui� eoo .
AArsWNO7oM, 'f�XAS 7ao11 (a171 e{a—e53�
THP� FlRN: F�11D1/THPL9 f7RGli 1 01 6 38-00
'GAAPHIC SCALE !'-l00'
0 50 100 360
DATE:"❑�CEMBER 2014
�� un� � � �i i! roM-vac- c
PAGE 2 OF 4
' SEE SHEET 1
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THE CHAM6�pLATN 7RUST
VOL. 4522, pG. 13�6
D.Ft<D.C.T.
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d� 2'34'1�
R=25A7.8�'
T-57,15'
L�iiq.29'
N01'17'07'
�cai14.28'
/ N45'00'00
21.23'
ROS�T,AIYN DRIVE
(VARIABLE WIDTH R.O.W,)
�
�
JACK ARLYN PARKE3 i.
VOL. 4073, PG. 1207
O,R,O,C.i. I
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EXHIBIT "B" - Page 2 of 4
LONOHORN COl1NCIC 8dY'SCOUT FOUNt1AiIDN, INC.
VOl.,4fi0 PG, 626
D.R,b.C,7.
8ASI5 OF BEARING IS NdRTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE C�OR�TNATE
SYS7EM, iEXAS NORTH C�NTRAL.
PARC�L 34—USE-2
BEiNG A
: i0,621 SQ.FT./0.24 ACRE
UTILITY & SLOPE EAS�MEN'T
SITLTATED IN THE JAMES EDII�ONS4N
ABSTRACT NOe 400,
DENTON CUUNTY, TEXAS
� Graham Assoaiates,lnc.
■ CONSULTING ENGtNEERS dc PI.ANN�RS
coo s�x Fv,as oaiv�, suire aoo
A1illNfi�ckl,;7ExAS 7eot1 (91� a4a-e53a
TBPE FlFIA7 F-11@t/Ti3P�s FlRA11 101638-00
SURVEY,
• 6RAPHSC SCALE !'-l00'
0 50 100 150
QATE: DECEMB�p 2011
J/oenton/Na4-us�-a
PAGL 3 OF 4
PARCEL 34-USB�2
LEGAL DESCRIPTION
SLO�E EASEMENT
EXHIBIT "�" - Page 3 of 4
Being a 0.24 acre tract of land situated in the James Edznonson Survey, Abstract No. 400,
Denion County, Texas, being a portzon of The Chamberlain Trust, as recorded in Volume
4522, Page X336, Deed Records, Denton County, Texas. Said 0.24 acre tract of land
being more particularly deseribed by metes and bounds as �ollows: -
. COMMEN�IN,G.at.a.fo.und..5L8..ineh.ironrod, beiug the southeast corner of a tract oFland
conveyed by deed to Alfred and Becky Camp, as'recorded in Instrument No. 2410-62292,
Deed Records, Denton County, Texas, and tl�e southwest eorner of a tract of land
conveyed by deed to I-iarlan Properties, Ine,, as recorded in Vo�urne 4704, �'age 1297,
Deed Records, Denton County, Texas, also being in the north line of said Chamberlain
Trust tract; . ,
THEN'C� South 89°55'12" East, along sa�d norkh line of ChamberXain Trust tract and the
south line of said Harlan,tract,-for a:distance oi 114.64 feet io.a.point. for cor.ner, being
the POINT; OF�BEGTNIVING, and being in tb.e pxoposed east right�of way line of Bonziie
Brae Str�et (a 95 foot R.O.W.);
THENC� South �89°55'12" East, leaving said proposed east right-of-way Iine and
continuing along said north line, for a distance of 15.00 feet to a point for corner;
THENCE South 00°�U'OQ" West, leaviag said north line, for a distance of 6.49 feet to a
point for corner, being t�e beginning of a tangent curve to tl�e left k�aving a radius of
2437,5'0 feet, a centrai angle of 2°34'14" and a long ehord which �iears Soutli`01n17'07"'
East, 109.35 feet;
THENCE southeasterl�, along said curve to the 1eft, an arc distance of 109.35 feet to a
point for corner; ' . '
T�IENCE South 02°34'14" East, for a distance of 333.77 feet to a point for corner, being
the begiru�ang of a tangent curve to the right having a radius of 2562,50 feet, a cenfral
angle o£2°34'14" and a long ck�ord wluch bears South 01°17'07" East,, �..1.4..�,� f�ets,.
THENCE southeasterly, along said curve to the right, �n arc distance of 114.96 feet to a
point for corner;
THENCE South 00°0�'00" West, for a distance of 151,00 feet to a point for cor.ner, being
in a corner-clip with said proposed east right-of-way line of Bontu,e Brae Street and �e
proposed north right-of-way line of Roselawn Drive (a variable width R.O.'W.);
THENCE I�Torth 45°00'00" West, along said corner-clip, for a distance of 21.21 feet. to a
point for coxner, being in said proposed east right-of-way line of Bonnie Brae S�reet;
EXHIBIT "B" - Page 4 of 4
PAGE40F4
THENCE North 00°00'00" East, along said �roposed east right-of-way line, for a distance
of 136.00 feet to a point for corner, being the begxnning of a tangent curve to the left
havulg a radius of 254i.50 feet, a central angle �£2°34'14" a.nd a long chord which bears
North.0:1 °.17'07" W`esti, 1'1'4;28' feet;' �
TI�ENCE northwesterly, alonig sa�d �roposed east right-of wa� line and said curve to the
lef�, an arc distance of 114.29 �eet to a point for corner;
THENCE Nortl� 02°34'X4" West, continuing along said proposed east right-of-�evay line,
for a distance of 333.77 Fe'et'to a.poir�i �or comer, bezn� t1�e begiru�ing of a tangent �c�uve
to the right having a radxus o£ 2452.50 feet, a central angle of 2°34'14" and a Iong chord
which bears North O1 °17'07" West, 110.02 feet;
THENCE northwesterly, .along said proposed east right-of-way lir�e and said curve to the
right, an arc distance of 110,03 feet to a poini for corner;
THBNCE North 00°00'00" East, for a distance of 6,51 feet to the T'�INT OF
�EGINNING and CONTATNING 10,621 square feet or 0,24 acres of land, more or less.
v �—, y - �--� �-
ATTACHMENT 3
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS
COUNTY OF DENTON
DRAINAGE EASEMENT
,v
�
�
KNOW ALL MEN BY THESE PRESENTS:
THAT The Chamberlain Trust ("Grantor"), whose mailing address is 3900 Roselawn Drive,
Denton, Texas 76207, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration in hand paid by the City of Denton, Texas, receipt and
sufficiency of which is hereby acicnowledged, has GRANTED, BARGAINED, SOLD and
CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the
City of Denton, Texas ("Grantee") a perpetual drainage easement in, along, upon, under, over
and across the following described property (the "Property"), owned by Grantor, and situated in
Denton County, Texas, located in the James Edmonson Survey, Abstract Number 400, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B", RESPECTIVELY,
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining drainage, including without limitation, the right to overflow the Property, and
related structures, facilities and appurtenances, in, along, upon, under, over and across said
Property. The rights granted herein shall further include, without limitation, the free and
uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under,
over and across the Property to Grantee herein, its agents, employees, contractors, workmen and
representatives, for the purposes set forth herein, including without limitation, the malcing
additions to, improvements on and repairs to said drainage facilities and/or drainage 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
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2, Maintenance of Lateral Slope. No activity, of any 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 Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any sluubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to make use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described,
�
Witness our hands, this the
Grantor:
THE CHAMBERLAIN TRUST
By: _
Name:
Title:
THE STATE OF TEXAS
COUNTY OF DENTON
�
�
day of
ACKNOWLEDGMENT
This instrument was acicnowledged before me on
, as
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
3
L�I��C�
of The Chamberlain Trust.
Notary Public, State of Texas
My commission expires:
2013 by
' ..�.
� ' PAGE 9 OF 2 '
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JACK PARKE9 AND
WIFE 6ETTY PARKE9
VOL. 5022 P0. 9438
o.A.d,c.r.
EXIS7EN0 R�a.W,
PDXNT OF
COMMENCZNG
fND 1/2°IR/496!
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EXISTTNG p.O,W,
N00°00'00"E
8.49'
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SAVE 6 �XCEPT
JACK ARLYN PARKEB
YOL. 4073, pG. 5207
O,R.�.C�T�
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VOL. 4522, PG, i336
• D.FI,D:C.T,
PqOP�5H0 R.O,W
EXHIBIT "A" - Page 1 of 2
N90 '00' 00"E �
25.00'
N00'00'00"E .•
17.00'
PbTNT OF
BEGINNTNG -q
0'00"E 307.48'
I20SEI.A�PN DRIVE
(VARIABLE WIDTH fi. 0. W, )
N90 '00' 00"W
2�a.00,
JACK ARLYN PARKES
voL. 40'l3. P0, f207
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gASIS OF BEARTNG IS NORTH AMERTCAN DATUM
OF 1983 (NA�-83) STATE PLANE GOORDYNATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 34--DE— i
BEING A �
425 SQ.FT./0.01 ACRE
DRAINA.GE EASEMENT
SITUATED IN THE JAMES EDMONSON� SU�ZVEY,
ABSTRACT N0. 400,
DENTON' COUNTY, TEXAS
Graham Assocfates,inc.
. CONSULTING ENGINEERS & PLANNERS
eoo s�x r�os aaive, suils aoo
ARiJNOTON, TEXAS 76011 (917 E�10-863a
"78PE"FlRkh �-f181/TBPLS FlR ; 1016�8-00
GfiAPHIC 9CALE S'�500' �
0 50 !00 150
- DATE; DECEMBER-2011
J/Denton/P34-DE-!
.�
Page 2 of 2
pARCEL 34-DE-1
LEGAL DESCRIPTION
DRAZNAGE EASEMENT
EXHIBIT "A" - Page 2 of 2
Being a 0.01 acre tract of land situated in the James Ldrnonsoz� Survey, Abst�act No. 4�0,
Denton County, Texas, bei.ng a portion of The Chamberlain Trus�, as recorded in Volume
4522, Page 1336, Deed Recoxds, Denton County, Texas. Said 0.01 acre t�act oi land
being inore particularly described by metes and bounds as:follows:
COI�IME�ICIN�<,at..�.fo��nd,�/.2.inch iron,rod with 45b� cap, baing th��southeast corner
o#° a tract of land conve�ed to J'ack Parkes and wife Betty Parkes, as recorded in Volume
5022, Page 3438, Deed Records, Denton Counfy, Texas, and being in the north line of a
Save & Except Tract 1, conveyed to Jack Ar1yn Paz°kes, as recarded in Volurne 4073,
Page 1207, Deed Records, Denton County, Texas, aiso being in tha existing west right-
of-way lina of Bonnie Brae Street (having a variable wzdth R.O.W.); ,
THENCE North 77°59'07" East, Ieaving said existing west right-of way line, for a
distance of 189.79 feei to a poini for corz�er, said point being in the proposed north riglat-
of wa� line of Roselawn�Drive (a �variable widtli�R.�;W.)y
THENCE North 00°00'00" East, along said pxoposed �orth right-of way line, a distance
of 8.49 feet to a point for corner;
THEI�CC�� Narth 90°fl0'00'" Easfi; coz�tinuing along said propc�s��d' nox�tl� right-n:� way line,
for a distance of 307.4$ feet to a point foz° corner, being the P�TNT OF BEGINNING;
THE�ICE,North.OQ°Q�'0.0." Easty.leaving said proposed north a��lat-of.way line,. a, distarace, .
of 17.00 feet tv a point fo� comer; •
THENCE North 90°00'00" East, a distance oi25,00 feet to a point for corner;
'I�IENCE South 00°00'00" West, a distar�ce of 17.00 feet to a poiz�t for corner; �
THENCE North 90°00'00" West, a distanca of 25,40 feet to the POIN'T OF BBGINNING
and CONTAINING 425 square feet, 0.01 acres of land, mora or less.
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VOL� 6022, PG, 3A38
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POINT QF �
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VOL, 4073, P0, f207
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THE CHAMBERLAZN TRUST
VflL. 4522, pG. 1336
D.R,O.C,T:
PROPOSEO R,O.
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EXI�IT "B" - Page 1 of 3
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ROSELA'NN DRIVE
(VARIABLE WID7H q,O.W,)
JACK ARLYN PAflKES.
VOL. 4073 PD. f207
O.R.d,C.T.
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6ASI5 OF B�ARING I5 NORTH AMERICAN DATUM
OF 1983 (NAD-B3) STATE PLANE COORDTNATE
SYSTEM, TEXAS NORTH CENTRAL,
PARCEL 34—DE-2
BEING A .
500 S�.FT./0.0�. ACRE
DRArNAG� EASEMENT
SITUATED �N THE JAMES ED,MONSON SURVE'Y,
ABSTRACT N�. 400, .
. DENTON CO'C.7NTY, TEXA.S .
^ Grahdm Associates,lnc.
��61 CONSULTING ENGINEERS �C PU+NNERS
`�J a00 S!X h1.AOS oRIVE, 6VITE 800
ARUNGTON� TEXAS 74011 (B1 644-�bb6
TePE:F1R�li -F-119f/1HPLS Fl t 10163e—oo
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ORAPHIC SCALE !'�i00'
0 50 !00 150
DATE: DECEMBER..2011
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THE CHAMeERLAIN TRUSi
VOL. 4522, PG, i936
DeR.D,C,T.
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25.00'
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(VARIA6LE WYDTH R.O.W.)
LONOHOAN COUNCTL B6Y SCOUT FOUN6ATION, INC.
VOL,490 P6. 626
D,R.b.C.7.
EX�IIBIT "B" - Page 2 af 3
BASI5 OF BEARIN� I5 NORTH AM�RTCAN CIATUM
OF 1983 (NAD-83) STAT� PLANE COOROINATE
SYSTEM, T�XAS NOATH CENTRAL.
PARCEL 34—DE-2
�EING A
500 SQ,FT./0.01 ACRE „
DRAINAGE �ASEMENT �
SITiJATED IN TI�E JA�ES EDMONSON SURVEY,
AHSTRACT N0. 4�0,
DENTOIV COUNTY, TEXA.S
I ^ Graham Associates,lnc.
���, CQNSULTING ENGINEERS dc PLANNERS
`� J ea0 5!X FLA03 ORIV�, SUITE 600
i�FWH07CN, 7EXAS 7401� (817) a4D-B��S
THPE FlRM� F-11D1/iHPLS f1Rb( 101tS38-00
GRAPHIC SCAIE 1'-l00'
0 5� I00 150
DATE: CIECEM6ER 20�11
J/Oenton/P34-DE-2
Page 3 of 3
PARCEL 34-I?B-2
LEGAL DESCRIl'TI�N
DRA.XNAGE EASEMEN'�
EXHIBIT "B" - Page 3 of 3
Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No. 400,
Denton CounCy, Texas, being a�ortion of The Chamberlain T'rust, as recoxded in Volu�e
4522, Page 1336, Deed Records, Denton County, Texas. Sazd 0.41 acxe tract of land
being more particularly described by metes and bounds as follovvs:
COMMENCING at a found 1/2 izach iron xod �wzth 4561 cap, being the sor�theast-eorner
of a tract of land eozzveyed in Jack Parkes and wife Betty �'axkes, as recbrded in Volume
5022, Page 3438, Deed Recoxds, Denton County, Texas, and being �n the nor�h line of a
Save & Except Txact 1, conveyed to Jack Arlyn Parkes, as recorded in Volume 4073,
Page 1207, Deed Records, Denton County, Te�as, also being in. the existing west right-
of-way line of Bonmie Brae Street (k�aving a variable widfih R.O.W,};
. THENCE I�torth 77°59'07" Easi, leaving said existing west right-o:f way line, for a
distance Uf 189.79 feet to a point for corner, said point being in the existing north right-
of-wayline of Roselawn Drive (a variable width R,n.W.);
THENCE South 89°31'33" East, along said existin.g narth right�of-way Iine, a distance o�
512,38 feet to a poant for corner; _ �
THENCE North 00°28'27" East, leaving said existirig north� �ight-of-way l�.z�e; a distanee
of 19.23 feet to a poirzt for corner; being the POIN'T OF BEGINNTNG, said point being in
the proposed north right-oi way line of Roselawn Drive (a �vaziable width R.O.W.);
THENCE N'orth 00°00'�0" East, leaving sa�d proposed north right-of-way line, a distaz�ce
of 20,00 feei to a point for corner;
TFiENCE I�or�h 90°00'00" East, a distance of 25.00 feet to a point for corner;
'I'HENCE South 00°00'00" West, a distance of 20.00 feet to a point for corner, said �oint
being in the proposed �north right-of-waq �ine of said Roselawn brive;
TI�LNCE Norih 90°00'00" West, along said proposed narkh rigtrt-of way line; a distance
of 25.00 feet to the POINT OF BEGINNING and C4NTAINING 500 square feet, 0,01
aeres of land, more or less, .
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 ����'
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 0.04 acre tract located in the William Roark Survey, Abstract Number 1087, and
being a part of Lot 7, Blocic A of Meadows of Hicicory Creelc, Phase One, an Addition to the City
of Denton, according to the Plat thereof recorded in Cabinet X, Page 20, Plat Records, Denton
County, Texas, as more particularly described on Exhibit "A", attached hereto and made a part
hereof, located generally in the 4600 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) Linda J.
Alexander and John M Alexander (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 Thirteen Thousand Seven
Hundred Fourteen Dollars and No Cents ($13,714.00), and other consideration, as prescribed in
the Purchase Agreement (the "Agreement"), as attached hereto and made a part thereof, as
Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date.
(Bonnie Brae Widening and Improvements Proj ect — Parce146)
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 residential lot owned by Mr. and Mrs. Alexander, a 0.04 acre fee tract for street
purposes is required.
Integra Realty Resources has provided a real estate appraisal report in regard to the property tract
owned by Mr. and Mrs. Alexander 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)
No prior action or review regarding the identified fee tract affecting property owned by Linda J.
Alexander and John M Alexander.
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 $13,714.00 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
�o c a t i o n M a p ALEXANDER — P46
EXHIBIT 1 Attachment to AIS Bonnie Brae Widening and Improvements
EXHIBIT 2 attachment to AIS
s:\legal\our documents\ordinances\13\alexander acquisition ordinance.doc
ORDINANCE NO. 2012-
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE FEE SIMPLE TO A 0.04 ACRE TRACT LOCATED IN THE WILLIAM ROARK
SURVEY, ABSTRACT NUMBER 1087, AND BEING A PART OF LOT 7, BLOCK A OF
MEADOWS OF HICKORY CREEK, PHASE ONE, AN ADDITION TO THE CITY OF
DENTON, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET X, PAGE
420, PLAT RECORDS, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY
DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF,
LOCATED GENERALLY 1N THE 4600 BLOCK OF SOUTH BONNIE BRAE STREET (THE
"PROPERTY 1NTERESTS"), 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) LINDA J.
ALEXANDER AND JOHN M. ALEXANDER (COLLECTIVELY, THE "OWNER"); (2)
SUCCESSORS IN 1NTEREST TO THE OWNER TO THE PROPERTY 1NTERESTS; OR (3)
ANY OTHER OWNERS OF THE PROPERTY 1NTERESTS, AS MAY BE APPLICABLE, TO
PURCHASE THE PROPERTY 1NTERESTS FOR THE PURCHASE PRICE OF THIRTEEN
THOUSAND SEVEN HUNDRED FOURTEEN DOLLARS AND NO CENTS ($13,714.00),
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 interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The 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 make a formal
offer to purchase the Property Interests 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.
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 $13,714.00 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 , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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ROW DEDICATION
INST. N0. 2011-124642
D.R.�.C.T.
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Interests
RICHARD A. GRAY, JR
DOC. N0. 2008-128436
D.R.D.C.T.
aOPOSED RIGHT-OF-WAY
BONNIE BRAE STREET
SET 1/2 " I.R.
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3520 HORNBEAM ST
LOT 7, BLOCK A
LINDA J.& JOHN M. ALEXANDER
INST.NO. 2010-63691
D.R.D.C.T.
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4504 JOE VAN WAY /
LOT 5. BLOCK A
D.R.HORTON TEXAS LTD
MEADOWS AT HICKORY
CREEK PHASE ONE
CAB. X, PG. 420
P.R.D.C.T. I
BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 46—ROW-1
BEING A
1,708 SQ.FT./0.�4 ACRE
RIGHT—OF—WAY DESCRIPTION
SITUATED IN THE W. ROARK SURVEY,
ABSTRACT N0. 1087,
DENTON COUNTY, TEXAS
�^ Graham Associates,lnc.
CONSULTING ENGINEERS & PLANNERS
1t71 600 SIX FLAGS DRIVE, SUITE 500
`i+ ,er�uNCror�, �xAS �so» (s��) s�o-es�s
THPE FlRM: F-1191/TBPLS FlRM: 101538-00
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SCALE: 1"=30'
DATE: NOVEMBER 2012
J/Denton/P46Row-1
Page 2 of 2
EXHIBIT A- to Ordinance (Property Interests)
PARCEL 46-ROW-1
LEGAL DESCRIPTION
RIGHT-OF-WAY DESCRIPTION
Being a 0.04 acre tract of land situated in the William Roark Survey, Abstract No.1087,
Denton County, Texas and being a portion of Lot 7, Block A, Meadows at Hickory
Creek, Phase One, as conveyed to Linda J. and John M. Alexander, as recorded in
Instrument No.2010-63691, Deed Records, Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a found 5/8 inch iron rod with cap, said point being the northwest corner
of said Lot 7, being in the existing east right-of-way line of Bonnie Brae Street (having a
variable width R.O.W.), and being in the south line of a tract of land conveyed to Richard
A, Gray, Jr as recorded in Instrument No. 2008-128436, Deed Records, Denton County,
Texas;
THENCE North 88°04'29" East, leaving existing said east right-of-way line, and along
said south line, a distance of 48.50 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 O1 ° 19'09" East, along said proposed east right-of-way line, a distance of
54.53 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being the
northwest corner of the remainder of Lot 6, Block A, Meadows at Hickory Creek, Phase
One, as recorded in Cabinet X, Page 420, Plat Records, Denton County, Texas, and being
the northeast corner of a 48.50 foot right-of-way dedication conveyed by deed to the City
of Denton, as recorded in Instrument No. 2011-124641, Deed Records, Denton County,
Texas;
THENCE North 53°08'47" West, leaving said proposed east right-of-way line and
following along the north line of said right-of-way dedication, a distance of 61.69 feet to
a found 5/8 inch iron rod with cap for corner, said point being the northwest corner of
said right-of-way dedication, and being in the said existing east right-of-way line of
Bonnie Brae Street;
THENCE North O 1° 19'09" West, along said existing east right-of-way line, a distance of
15.89 feet to the POINT OF BEGINNING and CONTAINING 1,708 square feet, 0.04
acres of land, more or less.
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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 ,
2013, but effective as of the date provided below, between Linda J, Alexander and John M.
Alexander, husband and wife (referred to herein collectively as "Owner") and the City of
Denton, Texas ("City").
WITNESSETH:
WHEREAS, Linda J. Alexander and John M. Alexander, are the Owner of a tract of land
(the "Land") in the William Roark Survey, Abstract Number 1087, Denton County, Texas, being
affected by the public improvement project called the Bonnie Brae Street Widening and
Improvements Project ("Project"); and
WHEREAS, City is in need of certain fee simple lands, being a part of the Land, related to
the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the pai�ties agree as
follows;
l. A. At Closing, the Owner shall grant, execute, and deliver to the City a Special Warranty
Deed (herein so called), conveying to the City, subject to the reservations described below, the
tract of land being described in Exhibit "A" to that certain Special Warranty Deed, and other
interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being attached
hereto as Attachment 1 and made a part hereo£ .
The Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1 ".
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for themselves,
their heirs, devisees, successors and assigns, all oil, gas and other minerals in, on and under and that
may be produced from the Fee Lands. Owner, their heirs, devisees, successors and assigns, shall not
have the right to use or access the surface of the Fee Lands, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas and other minerals reserved herein, including without limitation, use
or access of the surface of the Fee Lands for the location of any well or drill sites, well bores,
whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanlcs or
tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or improvement of
any lcind or type in connection with or related to the reserved oil, gas and other 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 shali
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
2
accordance with that set forth in Reed v. Wylie, 597 S.W,2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2, As consideration for the granting and conveying of the Fee Lands to the City, the City shall pay
to Owner at Closing the sum of Thirteen Thousand Seven Hundred Fourteen and No/100 Dollars
($13,714,00). 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 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, 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 either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement.
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, value of, damage to and/or costs of repair, replacement and/or relocation of any
improvements, turf, landscape, vegetation, or any other structure or facility of any lcind within the
Fee Lands related to activities conducted pursuant to the City ownership of the Fee Lands, and
interference with Owner's activities on other property interests of Owner, caused by or related to
3
activities related to the Project on the Fee Lands, whether accruing now or hereafter, and Owner
hereby releases for themselves, their heirs, devisees, successors and assigns, the City, it's officers,
employees, elected ofiicials, agents and contractors from and against any and all claims they may
have now or in the future, related to the herein described matters, events and/or damages.
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 90 days
after the Effective Date, unless the Owner and the City mutually agree, in writing, to an earlier or
later date ("Closing Date"). In the event the Closing Date, as described above, occurs on a Saturday,
Sunday or Denton County holiday, the Closing Date shall be the next resulting business day.
6, The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the
Owner tluough the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year
in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If
the actual amount of taxes for the calendar year in which Closing shall occur is not lcnown as of the
Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of
taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The
result of such proration is that the Owner shall pay for those taxes attributable to the period of time
prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to
change of land usage or ownership occurring prior to the Closing Date) 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 `Bffective 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
4
cure, City may exercise any right or remedy availabie 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 (ii) enter into any agreement
that will be binding upon the Fee Lands, or upon the Owner with respect to the Fee 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:
OWNER:
Linda J. Alexander and
John M. Alexander
Phone_
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
5
Copies to;
For Owner: For Citv:
Telecopy:
Richard Casner, First Assistant 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. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deed.
14. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Fee Lands, City may, at its election, terminate this Agreement at any time
prior to Closing.
15. Authority to take 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
By:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: , 2013
�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY;
Date: , 2013
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� -��a�
BY: ��.��� ��
Date: ��"`���� `�� , 2013
OWNER:
Linda J. Alexander
John M. Alexander
Date: , 2013
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time
to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Universal Title Agency, LLC
d/b/a Universal Land Title of Texas
2650 Bardin Road, Suite 101
Grand Prairie, Texas 75052
Telephone; (972) 206-7570
Telecopy: (972) 206-2870
C
Printed Name:
Title:
Contract receipt date: , 2013
E:3
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 Linda J. Alexander and John M. Alexander, husband and wife (herein
collectively called "Grantor"), for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid
by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein
called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of
which are hereby acicnowledged and confessed, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee
all the real property in Denton County, Texas, being particularly described in Exhibit
"A", attached hereto and made a part hereof for all purposes, and being located in Denton
County, Texas, together with any and all rights or interests of Grantor in and to adjacent
str•eets, 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
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanlcs or 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 eai�th,
Exceptions to conveyance and warranty;
[Insert Permitted Exceptions]
This Deed is subject to that certain Purchase Agreement, dated on or about
2013, by and between Grantor and Grantee.
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 4
otherwise.
EXECUTED the day of , 2013.
Linda J. Alexander
John M. Alexander
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on , 2013 by
Linda J. Alexander.
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2013 by
John M. Alexander.
Page 3 of 4
Notary Public, State of Texas
My commission expires:
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 4 of 4
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
PAGE 1 OF 2
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ial Warrantv Deed
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ROW DEDICATION
INST. N0. 2011-124642
D.R.�.C.T.
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RICHARD A. GRAY, JR
DOC. N0. 2008-128436
D.R.D.C.T.
aOPOSED RIGHT-OF-WAY
BONNIE BRAE STREET
SET 1/2 " I.R.
W/ GAI CAP
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3520 HORNBEAM ST
LOT 7, BLOCK A
LINDA J.& JOHN M. ALEXANDER
INST.NO. 2010-63691
D.R.D.C.T.
W/1GAI CAPR.
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4504 JOE VAN WAY /
LOT 5. BLOCK A
D.R.HORTON TEXAS LTD
MEADOWS AT HICKORY
CREEK PHASE ONE
CAB. X, PG. 420
P.R.D.C.T. I
BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 46—ROW-1
BEING A
1,708 SQ.FT./0.�4 ACRE
RIGHT—OF—WAY DESCRIPTION
SITUATED IN THE W. ROARK SURVEY,
ABSTRACT N0. 1087,
DENTON COUNTY, TEXAS
�^ Graham Associates,lnc.
CONSULTING ENGINEERS & PLANNERS
1t71 600 SIX FLAGS DRIVE, SUITE 500
`i+ ,er�uNCror�, �xAS �so» (s��) s�o-es�s
THPE FlRM: F-1191/TBPLS FlRM: 101538-00
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SCALE: 1"=30'
DATE: NOVEMBER 2012
J/Denton/P46Row-1
Page 2 of 2
EXHIBIT A- to Special Warranty Deed
PARCEL 46-ROW-1
LEGAL DESCRIPTION
RIGHT-OF-WAY DESCRIPTION
Being a 0.04 acre tract of land situated in the William Roark Survey, Abstract No.1087,
Denton County, Texas and being a portion of Lot 7, Block A, Meadows at Hickory
Creek, Phase One, as conveyed to Linda J. and John M. Alexander, as recorded in
Instrument No.2010-63691, Deed Records, Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a found 5/8 inch iron rod with cap, said point being the northwest corner
of said Lot 7, being in the existing east right-of-way line of Bonnie Brae Street (having a
variable width R.O.W.), and being in the south line of a tract of land conveyed to Richard
A, Gray, Jr as recorded in Instrument No. 2008-128436, Deed Records, Denton County,
Texas;
THENCE North 88°04'29" East, leaving existing said east right-of-way line, and along
said south line, a distance of 48.50 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 O1 ° 19'09" East, along said proposed east right-of-way line, a distance of
54.53 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being the
northwest corner of the remainder of Lot 6, Block A, Meadows at Hickory Creek, Phase
One, as recorded in Cabinet X, Page 420, Plat Records, Denton County, Texas, and being
the northeast corner of a 48.50 foot right-of-way dedication conveyed by deed to the City
of Denton, as recorded in Instrument No. 2011-124641, Deed Records, Denton County,
Texas;
THENCE North 53°08'47" West, leaving said proposed east right-of-way line and
following along the north line of said right-of-way dedication, a distance of 61.69 feet to
a found 5/8 inch iron rod with cap for corner, said point being the northwest corner of
said right-of-way dedication, and being in the said existing east right-of-way line of
Bonnie Brae Street;
THENCE North O 1° 19'09" West, along said existing east right-of-way line, a distance of
15.89 feet to the POINT OF BEGINNING and CONTAINING 1,708 square feet, 0.04
acres of land, more or less.
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AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 ����'
SUBJECT
Consider adoption of an ordinance authorizing the execution of an easement purchase agreement
("Purchase Agreement"), as attached hereto and made a part hereof as Exhibit "A", by and
between Mahogany Run Investments, L.P., a Texas linuted partnership ("Owner"), as Seller, and
the City of Denton, Texas ("City"), as Buyer, regarding the sale and purchase of (� a sanitary
sewer easement encumbering a 0.438 acre tract, and (I� a temporary constniction, grading and
access easement, encumbering a 0.134 acre tract, all tracts located in the Gideon Wallcer Survey,
Abstract Number 1330, City of Denton, Denton County, Texas as more particularly described in
the Purchase Agreement, located generally in the 3900 blocic of South Interstate Highway 35
East (collectively the "Property Interests"), for the public use of expanding and improving the
municipal sanitary sewer system for the Purchase Price of Two Hundred Ninety One Thousand
Three Hundred Forty Four pollars and No Cents ($291,344.00), and other consideration, as
prescribed in the Purchase Agreement; authorizing the expenditure of funds therefor; and
providing an effective date. (State School SanitanT Se���er Interceptor Project - Phase II - Parcel4).
BACKGROUND
The City Council considered and approved an offer to purchase the subject easements on August
28, 2012. The affected property owner was thereafter engaged in formal negotiation dialogue.
The offer purchase price was not visited during those discussions, however, there were several
elements regarding site security measures during constniction, propane tank relocation, business
related site circulation during constniction, reestablishment of the parlcing lot light
standards/fixtures and electric services (post constniction), disposition of fencing and landscape
irrigation system.
The disposition of the articulated site constniction elements have now been further defined
within the body of the Agreement document.
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)
August 13, 2012 - Public Utility Board recommends approval (4-0).
August 21, 2012 — Denton City Council approved Offer to Purchase (Ordinance 2012-182)
FISCAL INFORMATION
The funding allocated for the State School Sanitary Sewer Interceptor Project is included in
Bond Funds outlined within the Exhibit 3 attachment. The purchase offer price of $291,344.00
plus closing costs as prescribed in the Agreement are to be funded through the sources identified.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Site Map
3. CIP Detail Sheet-State School Interceptor II
4. PUB nunutes — August 13, 2012
5. 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
EXHIBIT 1-Attachment to AIS
C1TY
OF
DENTON
LOCATION MAP
STATE SCHOOL SAN. SEWER PHASE II
MAH OGANY R U N TRACT
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EXHIBIT 2-Attachment to AIS
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STATE SCHOOL SAN. SEWER PHASE II
MAH OGANY R U N TRACT
EXHIBIT 3-Attachment to AIS G,�y oeaeqtoa
City o� Den to�
���Z-20.� 6 C�P .�mprovem�r�t� P�o,�ects � .--�
� °�°� y
ater Uti1��'�
. oject T�tle: State Schooi lnterceptorll
Description: Replacement of existing 21" and 24'° sewer lines with a single 48" and 36" sewer line from 5tate School Road
to Edwards Road. Total of 6,700 feet.
' Business Unit: 64020o-Wastewater- Collection
Project Type: Replacement
' Project Scope: Multiple Year Project
Catagory Code: 005-COLLECTiON SYSTEM UPGRADE
F.Y. Cost Code Cost Type Funding Source Comment Amount
2012' 40100-CONSTRUCTION 1365-Other Utility Bonds $2,275,180
2092 TotaL $2,275,180
Project Total: $2,275,180
Commentsr 21100 includes engineering design, survey and inspection.
Projecf 640172XXX State School Interceptor II
Tuesday, June 14, 2099 Page 4� of 73
`�b D��i3
2
3
4
5
6
7
8
9
10
EXHIBIT 4 attachment to AIS
DRAFT MINUTES
PUBLIC UTILITIES BOARD
August 13, 2012
After determining that a quonim of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, August 13, 2012 at 9:03 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
Present:
11
12 Absent — ExcLised
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Chairman Dic1c Smith, Billy Cheelc, Barbara Russell, and Randy Robinson
Tohn Baines, Phil Gallivan, and Leonard Herring
Ex Officio Members: Howard Martin, ACM Utilities, George Campbell, City Manager
CONSENT AGENDA:
5) Consider a recommendation for City Council to adopt an Ordinance finding that a public use
and necessity exists to acquire (I) a sanitary sewer easement encumbering a 0.438 acre tract,
and (II) a temporary constniction, grading and access easement, encumbering a 0.134 acre
tract, all tracts located in the Gideon Wallcer Survey, Abstract Number 1330, City of Denton,
Denton County, Texas as more particularly described on Exhibit "A", attached hereto and
made a part hereof, located generally in the 3900 blocic of South Interstate Highway 35 East
(the "Property Interests"), for the public use of expanding and improving the municipal
sanitary sewer system; authorizing the City Manager or his designee to malce an offer to
Mahogany Run Investments, L.P., a Texas linuted partnership (the "Owner") to purchase the
property interests for the Purchase price of two hundred ninety one thousand three hundred
forty four pollars and No Cents ($291,344.00), and other consideration, as prescribed in the
Easement Purchase Agreement (the "Agreement"), as attached hereto and made a part hereof
as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective
date. (State School Sanitary Sewer Interceptor Proj ect — Phase II).
A motion to approve item 5 was made by Board Member Robinson with a second by Board
Member Cheek. The vote was 4-0.
Adj ournment 12:07pm
EXHIBIT 5- Attachment to AIS
s:\(egal\our documents\ordinances\13�nahogany run ordinance.doc
ORDINANCE NO. 2012-
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN EASEMENT PURCHASE
AGREEMENT ("PURCHASE AGREEMENT"), AS ATTACHED HERETO AND MADE A
PART HEREOF AS EXHIBIT "A", BY AND BETWEEN MAHOGANY RUN
INVESTMENTS, L.P., A TEXAS LIMITED PARTNERSHIP ("OWNER"), AS SELLER, AND
THE CITY OF DENTON, TEXAS ("CITY"), AS BUYER, REGARDING THE SALE AND
PURCHASE OF (I) A SANITARY SEWER EASEMENT ENCUMBERING A 0.438 ACRE
TRACT, AND (II) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS
EASEMENT, ENCUMBERING A 0.134 ACRE TRACT, ALL TRACTS LOCATED IN THE
GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330, CITY OF DENTON, DENTON
COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE PURCHASE
AGREEMENT, LOCATED GENERALLY IN THE 3900 BLOCK OF SOUTH 1NTERSTATE
HIGHWAY 35 EAST (COLLECTIVELY, THE "PROPERTY 1NTERESTS"), FOR THE
PUBLIC USE OF EXPANDING AND IMPROVING THE MUNICIPAL SANITARY SEWER
SYSTEM, FOR THE PURCHASE PRICE OF TWO HUNDRED NINETY ONE THOUSAND
THREE HUNDRED FORTY FOUR DOLLARS AND NO CENTS ($291,344.00), AND
OTHER CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT;
AUTHORIZING RELOCATION EXPENDITURES; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an offer to the Owner to purchase the Property
Interests on August 28, 2012, pursuant to Ordinance No. 2012-182, passed and approved by the
City Council of the City of Denton on August 21, 2012;
WHEREAS, Owner has made a counteroffer to the offer of City;
WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to
agree to same; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAlNS:
SECTION l. The Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Propei-ty Interests by the City. The
City Council hereby finds and determines that the acquisition of the Property Interests is
necessary for public use to provide sanitary sewer improvements to serve the public and citizens
of the City of Denton, Texas,
SECTION 2. The City Manager, or his designee, is hereby authorized (a) to execute for
and on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A", with a purchase price of
$291,344.00 and other consideration, plus costs and expenses, all as prescribed in the Purchase
Agreement; and (ii) any other documents necessary for closing the transaction contemplated by
the Purchase Agreement; and (b) to malce (i) expenditures in accordance with the terms of the
Purchase Agreement; and (ii) expenditures in accordance with the terms of Ordinance No. 2012-
073, dated April 17, 2012, pertaining to relocation related expenses.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
�
By: �:��.� �,...�
Page 2
s;1leg�llour documentslcontracts\13�naliogany run easement purcliase agreement clean.doc
EASEMENT PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE EASEMENT LANDS (AS DEFINED BELOW), HAVE THE
RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY
OF DENTON'S ACQUISITION OF THE EASEMENTS (AS DEFINED BELOW) WITH
OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS
THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT
CODE.
THIS EASEMENT PURCHASE AGREEMENT (the "Agreement") is dated
����I O , 2013, but effective for all purposes as provided it� this Agreement,
between Mahogany Run Investments, L.P,, a Texas limited partnership (the "Owner") and the
City of Denton, Texas ("City").
WITNESSETH:
WHEItEAS, Mahogany Run Investments, L.P,, a Texas limited pai�tnership, zs the Ownex of
a tract of land (the "Land") in the Gideon Wallcer Survey, Abstz�act Numbex 1330, Denton
County, Texas, being affected by the public impxovement Project called the State School
Sanitary Sewer Interceptor Project — Phase II ("Project"); and
WHCREAS, City is in need o� certain easements in, along, over, upon, under and across the
Land described above relaied to the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
assooiated with the purchase of the necessary easements for the Project;
NOW, THEREFORE, for good and valuable consid'exation, the receipt and adequacy of
which is hereby acicnowledged, the parties agree as follows:
1. At Closzng, the Owner shall grant, execute, and delive:r ta the City (i) an easem.ent in, along,
over, upon, under and across the tract of land being described and depicted in Exhibit "A" and
Exhibit "B", raspectively (the "Sanitary Sewer� Easement Lands"), to that cei�tain Sanitary Sewez�
Easement attached hereto as Attachment 1 and made part hereof, for sanitaiy sewez• pui�oses, as
rnoxe particularly described therein (the "Sanitary Sewer Easement"); and (ii) an easement in,
along, over, upon, under and across the tract of land being depicted and described in E�ibit "A"
and Exhibit "B", respectively (the "Temporary Construction, Gxading and Access Easement
Lands"), to that certain Tempnrary Construction, Grading and Access Easement attached hereto
as Attachment 2 and made part hexeof, for tempo�ary construction, grading and access purposes,
as more pai�ticulaz•ly described therein (the "Temporary Const�uction, Grading and Access
Easement"). (The Sanitary Sewer Easement Lands and the Temporary Construction, Grading
and Access Easement Lands are collectively referred to herein as the "Easement Lands"), The
Sanitary Sewer Easement shall be in the form as attached hereto and incorporatad herein as
"Attacl�ment 1", and the Temporary Cansri•uction, Grading and Access Easement shall be in the
form as attached hereto and incorporated herein as "Attachment 2" (the Sanitary Sewer
Easement and the Temporaxy Construction, Grading and Access Easement are collectively
referxed to hexein as the "Easements").
2, As consideration fox the granting of the Easements, the City shall pay to Owner at Closing
the sum of Two Hundred Ninety One Thousand Three Hundred Foity Fouz� and No/100 Dollars
($291,344.00) as compensation for the Easements. The moneta�•y compensation prescribed in this
Section 2 is hexein re:Ferred to as the "Total Monetary Compensation",
2
3. In addition io the Total Monetary Compensation, and being a component pat�t of the Project,
upon connpletion of utility co:nstruction activities, except as provided below, the City shall
restore, at its sole cost and expense, those areas within the Easement Lands or oiherwise
damaged by the consti�.iction of the Project, to at least the sama condition that existed prioz to
construction, including grade, concrete wall and concrete paving, The affected concrete flatworlc
shall be reconstructad in a woxlunanlilce manner, using materials comparable to that of the
existing conc�ete flatworlc. The woric prescribed in this Section 3 is herein referred to as the
"Concrete Flat Wozlc",
4. Owner hereby acicnowledges that it has been compensated for the consumption of the
following improvements, as pai�t of the total monetary compensation:
�Laser Security System
-5 RV Electric Service Pedestals
-4 Light Poles
-1 Spotlight
-Sprinlcler Irrigation System
-Chain linlc fencing
-Chain linlc fencing with barb wire
Owner, at Owner's discretion, sha11 be responsible, at its cost, for the re-establishment of the
abova referenced improvements upon completion of the initial construction of the sanitary sewer
facilities (the "Project Construction Pe�iod"). Owner shall endeavor to re-establish all light poles
and electric sexvice pedestals as near as practicable to the south-easterly line of the Sanitary
Sewer Easement Lands in a location reasonably agreed to by City.
5. During the Project Construction Period, City will not prevent Owner's access to its property,
inventory, stocic and equipment for greater than a 24 hour period, and Owner will be given at
c�
least a 24 hour notice, by telephone at �� /��ll�+0000 or telephonic facsimile at
, prior to any constiuctzon activities that would pz�event access to any of
Owner's property, stocic or ec�uipment,
6. City and/or City's Contracto� shall secure Owner's land by temporary fencing and/or lociced
gates at the cessation of each day of activities duzing the Project Construction Period. Owner
shall be responsible for operation and maintenance of any temporary electronic security syste:ms
oz• any nneasures desired duxing the Project Consti�uction Period. Notwithstanding the duty of
City to Ownar to secure Owner's Land, as provided herein, City shall not be responsible for loss
of propei�ty of Owner or damage to the Pz�opet�ty, except as may be specifically otherwise
providad by this Agree:tnent,
7. Ownex's existing sewer connections shall remain operable during the Project Constiuction
Period.
8. The disposition of the propane tanlc,and related :fencing, as depicted on Attachment 3, will be
handled as "Relocation of Personal Property" in compliance with Senate Bill 18 and the Uniform
Act, as adopted by the City pursuant to Ordinance No. 2012-073 (the "Ordinance"). In
accordance with the Ordinance, City will reimburse actual, reasonable and necessary costs to
move and re-install the propane tanlc and related fencing to another permanent location on the
Owner's pxoperty, outside of the Easexnent Lands.
9. Owner stipulates that the Total Monetary Connpensation payment and the Concrete Flat
Worlc constitute and include all compensation due Own.er by City related to the Project,
in.cluding w�ithout limitation, any damage to or diminution in the value of the remainder of
4
Ownex's property caused by, incident to, or related to the Project, damage to and/or costs of
repair, replacement and/o� relocation of any imp�•ovements, turf, landscape, vegetaiion, or any
other structure or faciliiy of any lcind located within the Easennent Lands related to activities
conducted pursuant to the Easements, and interference with Owner's activities on the Easement
Lands or other propei�ty interests of Owner 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 off'icers, employees, elected officials,
agents and contractors fi�om and against any and all claims they may have now or in the future,
related to the herein described matters, events and/or damages.
10. The Closing (herein so called) shall occur in and tluough tha office of Title Resources, LLC,
525 South Loop 288, Suite 125, Denton, Te�as 76205 ("Title Cozx�.pany"), with said Title
Company acting as escrow agent, on the date which is 60 days after ihe Effective Date, unless
the Ownex and the City mutually agree, in writing, to an earlier ox later data ("Closing Date"). In
the event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County
holiday, the Closing Date shail be tha next resulting business day. The Owner shall convey the
Easements free and c�ear of all debts, liens and encumbxances (the `Bncumbrances"), The
Owner shall assist and suppoi�t satzsfaction of all closing requirements in relation to solicitation
of xelease or subordination of liens and encumbrances and othex curative efforts affecting the
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 otharwise be in deiault under Saction 1 S, below. However, if the Encumbrances are
not cured as provided herein, City has the option of either (i) waiving the defects related to the
s
remaining Encumbrances by notice in writing to Owner on or prior to the Closing Date, upon
which the remaining Encurx�bxances shall beconne Permitted Exceptions (herein so called), and
proceed to close the transaction contemplated by this Agreement; oz� (ii) te�minating this
Agreement by notice in writing to Owner, in wk�ich latter avent Owner and City shall have no
fui�ther obligations undar this Agreement.
11. The stzpulated Total Monetary Compensation amount shall be paid by the City at Closing to
the Owner tluough the Title Company. All other typical customary and standard closing costs
associated with this transaction shall be paid speciiically by the City, except for Owner's
attorney's fees, if any, which shall be paid by Owner,
12. The date on which this Agreement is executed by the City shall be the "Effective Date" of
this Agreement.
13.A. �n the event 4wner sk�all defaulf in the performance of any covenant or term pxovided
herein, and such default shall be contznuing afte�� ten (10) days written notice of such default and
opportunity to cure, City may exercise any right or renrzedy available to it by law, contract, equity
or otherwise, in.cluding without limitation, the remedy of specific pexfoxmance or terniination of
this Agree�ent,
B. In the event City shall de�ault in the parformance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and oppo��tunity
to cure, Owner may, as its sole and exclusive rer�aedy, either (i) terminate this Agreement prior to
s
Closing by w�ritten notice of such election to City; or (ii) enforce specific per�ormance of this
Agreement.
14. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES, THIS AGREEMENT. IS PERFORMABLE 1N
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISiNG HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
15, Fxom and after the date of execution of this Agreement by Owner to the date of Closing,
Owner shall not (i) convey or lease any interest in the Easement Lands; (ii) enter into any
agreement that will be binding upon the Sanitary Sewer Easement Lands or upon the Owner with
respect to the Sanitary Sewer Easement Lands after the date of Closing; and/or (iii) enter into any
agreement that will be binding on the Temporary Construction, Grading and Access Easement
Lands at any time prior to the texmination of the Temporary Construction, Grading and Access
Easement.
16, Any notices prescribed or allowed hereunder to Owner and/or City, unless prescribed
otherwise in this Agreement, shall be in writing and, except as otherwise provided herein, shall
be delivez�ed by telephonic facsimile, hand delivery or by United States Mail, as described hexein,
and shall be deemad delivered and received upon the earlier to occur of (a) the date provided zf
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 cextified, return receipt
requested, postage prepaid, addressed as follows,
OWNER:
Mahoga��n'Run Inves ments, L.P,
S'D /�lfl�) i�A1 �/'] L� �
S � 3
Phone 2� - l °fJ00b
Copies to:
For Ownez•;
Scar� ��vE�
sso f» Nh;cR,ho�ts K� y
A v o 3
Telecopy; ° Z ° D
CTTY;
City of Denton
Paul Williamson
Real Estate and Capital Suppo�rt
901-A Texas Street
Denton, Texas '76209
Telecopy; (940) 349-8951
For Citv.
Richard Casne�•, k'irst Assistant City Attorney
City Attorney's Ofiice
215 E, McKinr�ey
Denton, Texas 76201
Telecopy; (940) 382-7923
17. This Agreem.ent constztutes the sole and only ag�eement of the parties and supersedes any
prior understandings or writte�n or oral agreements betwee:n the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
18. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Easements.
19, In the event prior to the Closing Date, condemnation or eminent domain pxoceedings are
threatened or initiated by any en.tity or pai�ty other than the City that might result in the talcing of
any po�tion of the Property, City may, at its election, tertninate this Agreement at any time prior
to Closing,
20. Authority to take any actions that are to be, or may be, talcen by City under this Agreement
are hereby delegated by City, pursuant to action by the City Council of Denton, Texas, to �'ranlc
Payne, P,E,, City En.gineer of City, or his designea.
21, If the Closzng Date ox day of performance of any act requirad or permitted hereunder falls
on a Saturday, Sunday or legal holiday, then the Closing Date oz• day of performance, as the case
may be, shall be the next following regular business day.
CITY OF DENTON, TEXAS
:
GEORGE C, CAMPBELL,
City Manage�
Date: , 2013
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Date; , 2013
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�A� ;
� ,�
;
BY; � �„''f �°°°`{� -�.�v �
Date; ����-� �� , 2013
��
OWNER:
MAHOGANY RUN INVESTME S, L.P.,
a Texas limited �artnership
By; /
Printed name:
Title:
10
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its axecution belaw, Title Company acicnowledges receipt of one (1) executed copy of
tkus Agreement, Title Cornpany agrees to comply with, and be bound by, the tarzns and
provisions of this Agt�eement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Code o£ 1986, as amended from time
to time, ai�d as further set fo��th 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
:
Printed Name;
Title:
Contract receipt date: , 2013
��
ATTACHMENT 1
To
Easer�aent 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 TILED FOR RECORD TN THE PUBLIC ItECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRTVER'S LICENSE NUMBER.
SANITARY SEWER EASEMENT
THE STATE OF TEXAS,
K1VOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT Mahogany Run Investments, L.F,, a Taxas limited partnership ("Grantor"), of Denton
County, whosa mailing address is SSO1 Mahogany Run Court, Plano, Texas 75093-4208, in
consideration of the sum of Ten ai�d No/100 Dollars ($10.00) and other good and valuable
consideration in hand paid by the City of Denton, Texas, 215 E. McKi�ey, Denton, Texas
76201, xeceipt of which is hereby acicnowledged, has GRA.NTED, BARGAINED, SOLD and
CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the
City of Dento��, Texas ("Grantae") a perpetual sanitazy sewer easement in, along, upon, under,
over and across the following described property (the "Property"), owned by Grantor, and
situated in Denton Cou�ty, Texas, located in the Gideon Wallcer Survey, Abstract Nurnber 1330,
to wit:
PROPERTY AREA DFSC�2TBED TN EXHIBIT "A",
AND DEPICTED IN EXHIBIT "B",
BOTH ATTACHED I3ERET0 AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining sanitary sewer pipelines, and related facilities and appurtenances, in, along, upon,
under, ovex and acxoss said Prope��ty, including withoilt limitatian, the free and uninterrupted 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, woxlcmen and representatives,
%r the purposes set fo��tk� herein, including without lirnitation, the malcing additions to,
improvetnents on and repairs to said faczlities or any pat�t thereof.
This Easement is subject to the following;
1, Structures, Except as otherwise provided herein, no buildings, fences,
sti�uctu�es, signs, facilities, improvements oi• obstructions of any Icind, or poi�tions thereof, shall
be constructed, erected, reconstzucted or placed in, along, upon, under, over ox across the
Prope��ty, Fu��ther, Grantor stipulates and acltnowledges that the Grantee, in consideration of the
beneiits above set out, may remove from the Propei�ty, such buildings, fences, structures, szgns,
facilities, improvements and other obstz�uctions as may now or hereafter be found upon said
Pxopei�ty and dispose of any such buildings, fen.ces, structures, signs, facilzties, improvennents or
obstructions zn any manner it deems appropriate without liability to Gxantee.
2, Grantee's Obligations. Notwithstanding the foregoing, all G�antee's sanitary
sewer improvements and facilities placed within the Propei�ty shall be at or below-grade.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Proparty by way of existing public property or right-of way,
4. Trees and Landsca�in�. No shrub or tree shall be planted upon the Property or
that r�aay encroach upon the Property, Grantee may cut, trim, or remove any shrubs or trees, ox
portions of sluubs or trees now or hereafter located within or that may overhang upon the
Property without liability to Grantee, including without limitation, the obligation to malce further
payment to Grantor.
5. Grantor's Rights, Grantor hereby xeserves the right to ope�ate and maintain; (i)
private underground electric circuits and above ground service pedestals (hareinafter re%rred to
as "Service Facilities"); (ii) electric security systems and related appurtenances; (iii) pole-
znounted security light iixtures (the items descz•ibed in paragraphs (ii) and (iii) are collectively
�
referred to as the "Security Facilities"); (iv) chain,linlc fencing; (v) landscape irrigation systems;
and (vi) paving improvements, on and under the Propei�ty, The Service Facilities and the
Security Facilities shall all be located as near as practicable to the south-easterly lzne of the
�roperty, in a location reasonably agreed to by Grantee.
Further, Grantor shail have the right, subject to the restrictions contained herein, to mal�e
use of ihe Property for any purpose that does not interfere with the Grantee's rights gz�anted to it
herein for the purposes granted.
6, Successors and Assi�ns. This grant and the provisions contained herein shall
constitute covenatrts running with the land and shall be binding upon the Grantor and Gz�antee,
and their successors and assigns,
7, Easement Purchase A�reement, This easement is subject to the terms provided in
that cei�tain Easament Purchase Agreement, dated on or about��Vj 1�' �, 2013, by and
between Grantor and Grantee.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid fox the purposes
aforesaid the premise above described,
Witness my hand, this the � day of ���v/�/� , 2013.
�
Grantor:
L.P., a Texas limited partnership
By; -
Printed name: _ �%��� `�- /V �/
Title; ��`v/ " �
3
ACKNOWLEDGMENT
THE STATE OF �� 1� �-S
COUNTY OF � 0 I( i r
This instrument was acicnowledged before me on � C�,h wc�-+'z-� � D , 2013, by
j���-� C.I�(�r�-� t > i��r�► t� �' 1' > o�'
Mahogany Run Inve�������s, L.P., a Texas limited partnership, on behalf of said limited
���``�� %�
partnership. \\���� ��A �•(,q2l��i�i�
:\\Q P;p P�Y Pve<�'o��r+%
z � -
� N�9TF OF ���P �
'•, .'••�FXF�R�.`'.•'''. ���
/����i��4 %09i 120; b ���`��\
AFTER RECORDTNG RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Atta: Paul Williamson
Notary Publzc, in and''fo
My coz�misszon expires
�
of
EXHIBTT "A" - to Sanitary Sewe�' Easement
�,r: , � . . . �
r��ur �urve �r� �a., Z��.
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�.k�.rofess.zox7a.l' ,�.�x�d S�ve,yoxs
P.O. Box 54 � Z.,ewis�ill�, Texas 75067 �
.r.U�iov:o(97.2) 221�9439. �..Fa�: (4.7.2,) 221-4675
��zx A .
PARCEL — 4 -- S�� — l.
0.�38 ACRES
C�I'Y O� A�NTON, D��I'I'ON �4ClNTY, 7'�7�.AS
BEING all thaf cartain lot, tract or parce� of land situated in t}ae Gideon WaUcer Suz'�ey, Abstraci
Number 1330, City of benton, Dentoz� County, Texas, aud being a�art of r.ot 1-.A, Block •1,
Nationw:ida Housing Addition, aa addition to the City of Dentan, Denton Counfy, Texas,
acco�rding to the plat thereof recorded in Cabinet W, �'age 351 0� tha Plat Recards of Aenton
County, Texas, and being more p�riicularly describad as follows;
BEGINNING at a polnt foY� corner at the mast southerly west corner of said Lot �-A and t�e
south corner of Lot 2, Black 1, Nationwide �Tousing Addition, an additio� to the City of Danton,
DentanrCounty;�T$�as,•,according.to the plat theraof reaorded in Cabinet.U, Paga 9�19 of the Plat
�ecords of Danton County, Texas, said point also being in the northanst lins of the servica xoad
o�' Tnterstate Highway 3 S-E, a public roadway; �
�NCE North 41 degrees 39 u�inutes OS seconds Last, tivith tha soi�theast iine of said I,ot 2, a
distance of 348.19 �eat to a point Por corner�being the east corner af said T.,ot 2;
TBENCE North 46 d�grees 35 minutes 09 seoonds East, over, fhzQUgh and across said Lot 1-A, a
distance of 171.48 feet to a point for corner;
T,HEN�� No��th X 5 dagre�s 32 minutes � 16 seconds East, eonttnui3ig ovar, tf�oug�'"and across
said Lot 1-A, a distance o£ 15.45 feet to a point for cornex in the no�theast line o;F said Y�ot I-A
and being in the southwest line of Denton Couttty Transit Authority Rail;
THENC� South 38 degxess 48 minutes 18 seconds East, with the southwest line of said Aenton
County TransitAuthartty Rall, a distance of 2�0,71 feet t� a point for oarner;
THENCE Sot�th 34 degreas 03 minutes 23 seconds East, continuing with the south'west line of
said Danton County TKansit Authority Rail, a distance o� 107.$7 feet to a point Por corner;
THENCE South 51 degrees 35 minutes 38 saconds West, ovar, through and across said Lot 1-A,
a distance of 20.06 feat to a poin� �'or eorner; '
THEN'CE North 34 degrees 03 minutes 23 seconds West, oor�tinuing over, throu�r,h and across
saad Iat J. A and being 20 feet sauthw�st and parallel to the northeast line of sai.d Z.,ot J.-A, a
distanca of 108.2% feet to a polnt for cqrner;
THENCE �Ioz�h 38 degrees 48 minutes 18 secpnds 'V(�est, continuing ove;r, throug,h and across
said Lot 1-A and being 2Q feet sou�thwest and �arallal to tha noxtheast �ine of sai.d Lot l.-A, a
distance of 175.I9 feet to a point fox corner;
p:�jvo120! 11cod�shate sohool interceptor - 640172539,1360.201001dwg\1204167�esmtl revlsed.doc
E�IBZT ",A." - to Sauitary Sewea• Easement
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�,0. Box S4 � Lewisvilla, Texas 75067
'O:Ffice:"(972)'22�1'=9A39 '�'��'a�c:•(992j 221-A675 .,
THENCE South A�6 degrees 35 minutes 09 seconds Wast, contin�uing over, through and �aross
said S,ot 1-A, a distanee nf 160.92 feet to a poiat for onrtter;
THEN'CE Soutli 4�. degrees 39 mi.nutes OS secorzds West, continuing or�er, tl�xoag,h aud across
said �ot l-A and baing 25 feat soufhe�st ari� paraile�'to "the southeast line of�saicl^Lo�t �2; °a �distanee
of 3 J.7,82 feet to a point for eoznar; �
Ti�NCE South 29 dagrees 03 minntes 44 seconds Wast, continuing over, tbxqt�gh and across
said Lot 1-A, a distanee o£ 29.32 feet to a point £or ootnar in the southwest line of said Lot 1�A
and beung in the noriheast line of said Service Road o£ Interstate Highway 35-E;
T�NCE North �9 degrees 34 zz�inutes .21 seoonds Wast, wxth tfie northeast lina of said Service
Road, a d�stanca of 31.4Q �eet to t}�� �OINT OI' BEGINNING, and containing 0,438 acres o�
land, m�ore°or less.
p;tivc124111ood1statasohoollniorceptor-640�72539,1360,20100\dwg11204167 esmt] revised,doo
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EXHYB��' "B" - to Sanitaxy Sewer Easement
\
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\� � 30' Temporory
�.,. (C,M.) . Lot 1�A9 Block i. . . ,..°�OOemen�t°f. ,: .
'�2 �a.F Nattan.wide Housing Addition \ ,
Cabinet W, �'age 351 ,�%�
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Nationwide Hausing�ddition �, q,�'' ��
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� ���',� �'s ��?r� �s�,��'�s� �\ / \ Eckert Real Estate, iT,C ,
� �� �., tir�� / � � � Doc, No, 2009-12026 �
'9�1j ��,�� `�s� � � � �
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L�HIBIT B
Parce� - 4-- SSE -.X j'��U� SU�'Vey�I�g l�O, 1��.
Q.�38 Acres in the �
Crideon Wa]kex Suiwey, Absi, No, 1330 Professior�aX Lamd Srzrve,�oxs
G'lty of De�tan 972 Z21-99�9 -� P� 972-221-4575
De.t�zton County, Texas � a2oarm s�r, s�traaoa � r:o, soXj�
- 2012 - LewlsvJllo, 7'exes 75067 �
MJYC\BOII�CpA�s7AYC aGIK%K. WTEAC[PTOU - 6/017ds99.1�60.¢OWO\drp\12o�167..cny-AEVREUdrO 6/19J201E h�8+i1 AH CO)
ATTACHMENT 2
To
Easement Purchase Agreezz�ent
NOTICE OF CONFIDENTIALITY RTGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRTKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT XS FILED FOR RECORD IN THE PUBLTC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Mahogany Run Investments, L,P,, a Texas limited partnership ("Grantor"), of Denton
County, whose mailing address is 5501 Mahogany Run Coui�t, Plano, Texas 75093-4208, in
consideration of the sum of Ten and No/100 Dollars ($10,00) and ot?ner good and valuable
consideration in hand paid by the City of Denton, Texas, 215 E. M�Kinney, Denton, Texas
76201, a•eceipt of which is hereby acicnowledged, has GRANTED, BARGAINED, SOLD and
CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the
City of Denton, Texas ("Grantee") a temporary construction, grading and access easement in,
along, upon, under, over and across the following described propexty (the "Property"), owned by
Grantor, and situated in Denton Couniy, Texas, located in the Gideon Wallcer Suxvey, Abstract
Number 1330, to wit:
PROPERTY AREA DESCRIBED IN EXHIBIT "A",
AND DEPICTED IN EXHIBIT �B",
BOTH ATTACHED HERETO AND MADE A PART HEREOT
It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out,
may remove from the Property above desc�ibed, such fences, signage, buildings and othe��
obstructions as nnay now be found upon said Property, for the puxpose of construction activities,
grading activities and access in, along, upon, under and across said Property. It is speci�cally
stipulated by Grantor that the scope of the access, construction and grading activities shall
include the clearing and removal of vegetation and trees that exist within the Property,
The City of Denton, its agents, employees, contractors, worlcmen, and rapresentatives shall have
the right of ingress, egress and regress in, along, upon, under and across said Property for the
purpose of access, const��uction and grading activities or any part theraof.
The term of this grant shall expire on the earlier to occur of (i) one (1) year fi�om the date
of the "Contractor Notice to Proceed Letter" for the State School Sanitary Sewer Interceptox
Project — Phase II; and (ii) December 31, 2014.
TO HAVE AND TO HOLD unto the said City of Denton, Te�as as aforesaid for the purposes
aforesaid the pr•emzse above described.
�
Witness my hand, this the / D day of ����! , 2013.
�
Grantor: Mahoga� Run Yny�s�n�nts, L,P., a Texas limited partnership
By;
Printed name,
Title;
ACKNOWLEDGMENT
�
THE STATE OF �(� �(�%I.�j §
� ,
COUNTY OF ,U. � � §
This in�s{trument was� acicnowledged bafore me on �,.�J � 1/,(1.�� rr _, 2013, by
� v ��- �� ,h ���r���- , 1��� � � , o�
Mahogar�y Run In���tms1��� ,P,, a Texas limited pai�tnership, on behalf of said partnership.
����`\`` P,N DA ( � //�i�� i
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� ; ` � ., �'° �. % 1 �� i�-- � � l f
_ � � _ tl�
: �i��, PA � Notary Public, in a r e t te f��� 'i (,f _
'% o�'•�.'4'JREg� •` Mycommissionexpires: �'�- _ �i�l_, %C) ,
/��'�ii���9120 i I b\\��������\`
ni
AFTER RECORDING RETURN TO;
City of Denton — Engineering Depaxtment
Paul Williamson
Real Estata Manager
901-A Texas Street
Denton, Texas 76209
2
EX�TYBI'�' ".A." - io Temporary Constructio�, Gi�ading and .A,ccess �asernez�t
rt�.u� Surve �n � Co. � �c.
Y � �
.�'arc�fesszox�t�.1.�a!�ud Sxxxv'e,�ox�s
P,O. Ba� S4 � �.ewisville, xexas 75�6'7
.O�'£'ice; .,(9,7,2) 22�-9499 � .Fax; .(972,) 221-4675
EXI3�31'.0 A
PA.itC�L -- � � TCE -1
U,�34 ACRES
CZTY UF D�NT�N, D�NTON' COUIV�Y, T��AS
BETI�IG all that ce;rYain lot, ix�aot or parce� of land situated in the Grideon Wallcer Survey, A,bstract
Number 1330, City of Denton, bentor� Couuty, Texas, and being a�axE of Lot J.�A, Block 1,
Nationwida I�ous:ing Addltion, an additintt to the City of Danton, l7entnn County, Texas,
according to the �1at ther�of ;reoorded in Cabinet W, kaga 351 of tha Plat Reco:rde of l�enton
County, Texas, aud being more particularly describad as follows:
BEGZNNING at the east coxn.e;r of Lot 2, Block l, Nat�onwide Housing Addition, an addition to
the City of Danton, Denton Couz�fy, �'exas, acoocding to tha plat thereof recorded in Cabinet U,
Page 99�9,:o�,the.P]atRecards.�PDep#pn,�ounty,, said point also being an innar ell corner of said
Lot 1,A.;
'1'H�NC� North 63 dagrees 03 minutes 20 seconds West, with the z►ortheast lin� df said I,ot 2, a
distanoe of3l,g3 ifeetto apoint;for corner;
THENCE North 46 degrees 35 minutas 09 seoonds Ettst, o'var, through and across said Lat 1-A, a
distance of 173.85 feet to a point far corner;
'I'�iENCE �l'orth 1S degrees 32 minutes 16 seconds �ast, continuing o'ver, through and acrass
said Lot 1-A, a distance of 28,64 feet to a point'for corner in the norkheast line of said Lot 1-A
and being in tha southwest tine of Denton Cou»ty Transit Autt�ority Itai1;
��ICE South 38 degrees 4$ miuutes 18 soconds Last, v►rith the southwast line oi'said Denton
County Transit Authority Rai1, a distanca o£36.92 feet to �a point for corz�er theKeof;
TH�NC� South 15 degrees 32 mi�.utas 16 seconds VVest, over, through ac�.d across said Lot 1-A,
� a distance o£ 15.45 feet to a point for corner therBO�
THENC� South 46 degrees 35 minutes 09 seconds West, continuing.,over, throu�h,.and across
said Lot 1-A, a distance of 1'71,4$ feet to the POINT 07i' B�G�NNiNG, and contaitiing 0.134
aores of Iand, mnre or less,
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E.�T�IBIT "B" - to Temporary Constructio�, Grading and�Access �+asem.ent
...� � :;� � LINE 7ABl.� , ., .''
UN�" BEAFtlNG DISPANCE
l.i N63'03'20"W 31.85'
L2 Nt5'32'16"E 28�64'
L3 5�8'q8'.t "� 36,92'
L4 5 5'32'16"W 15.45'
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Lot 1-A, Block 1
�I�at�on��de,�Hausing Additinn
Cabinet W, Page 351 �,�
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Nationvrlde Housing�d
Cab�net U, Page 94
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.t'arcel -- 4 - 7'�'E�,.-- :�
0.13� Aares in th,e
Gideon Wa�ker Survey, .A.bst. No. .1�330
City of Denton
,ti6X2�pI� G"011Y2�y� �'G',X�Si
-- 2092 —
�
/
/
Eckert Real �stata, LLC
Uoc, No. 2009-12026
�
�t1�u�..�Sur�e�ir�g� Co,, �nc.
Pxo%ssio��1' �,and Stuveyoxe
972-221-9439 � Fa�r972-22.i-467S
220 �Im Sh�ee� Suite 200 .r P, O. Boa 54
Lewisvi7le,.TeXSS 7.SOd7
Pi\JvtlB011\C0�\StATC SCFYIAL INIERCCpTqR - 610UB599J060PQIOD\drp\1204�67_aenkl-kM7d�p BAa/ROIR 7d007 Ni COT
\
ATTACHMENT 3- Propane Tank Relocation
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Planning & Development
ACM: John Cabrales ��
SUBJECT — Villages of Carmel, Phase III Development Agreement for Perimeter Wall
Consider adoption of an ordinance approving a development agreement with HMH Lifestyles,
L.P., securing the costs to constnict the unbuilt portions of the required perimeter wall for the
Villages of Carmel, Phase III Subdivision of the City of Denton, Texas, pursuant to previously
approved plans and permits, and authorizing permitting and constniction of houses and
infrastnicture on the remaining unbuilt lots in that subdivision, in accordance with applicable
building and development requirements; delegating authority to the City Manager to execute said
Development Agreement on behalf of the City; and declaring an effective date.
BACKGROUND
The subject property is platted as Lots 1-5, Blocic 2; Lots 11-24, Blocic 5; Lots 15-19, Blocic 6
and Lots 1-4, Blocic 7 of the Villages of Carmel, Phase III Addition and is within the Planned
Development (PD-132) zoning district. The applicant proposes an 8-foot tall decorative fence,
approximately 1,552 linear feet in length consisting of masonry and stone columns along the
aforementioned lots to bring the Villages of Carmel, Phase III into conformance with the
approved Detailed Plan (PD-132), as approved and amended by City Council via Ord. No. 2005-
024 and 2006-137.
Although this requirement was a condition of the original ordinance, the developer has sold lots
that have been constnicted but failed to constnict the fence. The City has since received
numerous complaints from these residents concerning this requirement. The purpose of this
ordinance is to accept funds secured for the cost to constnict the perimeter fence and hold them
into escrow to ensure completion of this requirement.
The following is a bulleted history of the Villages of Carmel and The Preserve at Pecan Creelc
planned development (PD-132):
• On December 18, 1984 the City Council approved by Ordinance No. 84-180 a Planned
Development District for 17.1 acres (PD-88) along Swisher Road. (Z-1694)
That prior to the issuance of any certificate of occupancy for the use of any building or
stnicture within the planned development district the following conditions shall be met:
Agenda Information Sheet
Febniary 5, 2013
Page 2
1. Perimeter street paving requirements shall be imposed along the entire frontage of
Paige Road;
2. Estate road conditions will be imposed on Swisher Road pavement width of twenty-
four 24 feet without curbs is allowed for one acre lots with one hundred 100 feet or
more frontage for single family use ;
3. A six 6 foot solid fence will be erected along the south boundary line of this
development where it abuts Shiloh Cemetery.
• On December 18, 1984 the City Council approved by Ordinance No. 84-181 a Planned
Development District for 49.41 acres (PD-89) north of Shady Shores Road and east of
Swisher Road. (Z-1695)
• On October 18, 1988 the City Council repealed by Ordinance No. 88-166 the approved
site plan and conditions applicable to PD-88 and PD-89 and approved a rezoning for 348
acres from Agricultural (A) to Planned Development (PD) with inclusion of the 66.51
acres from PD-88 and PD-89. The newly created Southview Planned Development
District (PD-132) included concept plan approval for the entire 414.9 acres. (Z-1861)
That the district herein approved shall be subject to the following conditions:
1. Info�niation fo� Detailed Plans. All information that was not required to be shown on
the concept plan, as otherwise required by article 11 of Appendix B— Zoning of the
Code of Ordinances, shall be submitted with any detailed plan for any property within
the district.
2. Land Uses. The permitted land uses for each detailed plan submitted for any tract of
land shall be as defined or shown in this ordinance and the approved concept plan.
The general site plan requirements for tracts designated for general retail,
neighborhood service, and community facility uses ("nonresidential uses"), have been
waived at the concept plan stage. The uses provided for herein for nonresidential
tracts shall be pernutted in accordance with the detailed plans approved for those
tracts, in accordance with article 11 of Appendix B— Zoning, as amended. The
detailed plans submitted for the nonresidential tracts shall be subject to the following
conditions and restrictions:
a. General Retail. For any tract designated for general retail (GR) use on the
concept plan, the following uses shall be permitted in accordance with the
detailed plans approved for those tracts:
Auto Laundry
Auto sales and repair (in building)
Gasoline service station
New auto parts sales stores
Antique shop
Balcery or confectionary shop (retail)
Cafeteria
Cleaning and pressing small shop and picicup
Custom personal service shop
Drapery, needleworlc or weaving shop
Florist or garden shop
Agenda Information Sheet
Febniary 5, 2013
Page 3
Greenhouse or plant nursery (retail)
Handicraft shop
Household appliance service and repair
Laundry or cleaning (self service)
Mimeograph, stationary, or letter shop
Mortuary or funeral parlor
Offices, professional or administrative
Licensed private club
Restaurant
Retail stores and shops
Studio for photographer, musician, artist or health
Secondhand store, used furniture or nimmage sale
b. Nei�hborhood Service. For any tract of designated for neighborhood service
(NS) use on the concept plan, the following uses shall be permitted in
accordance with the detailed plans approved for those tracts:
Balcery or confectionary shop retail
Cleaning and pressing small shop and piciciip
Custom personal service shop
Drapery, needleworlc or weaving shop
Florist or garden shop
Handicraft shop
Laundry or cleaning (self service)
Offices, professional and administrative
Retail stores and shops (4,000 square feet or less)
Studio for photographer, musician, artist, or health
c. Communitv FacilitX. For any tract designated for a community facility (CF)
use on the concept plan, the following uses shall be permitted in accordance
with the detailed plans approved for those tracts:
Art gallery or museum
Cemetery
Church, rectory, or institution of religious or philanthropic nat�ire
Public or private school, college, or university
Child care facility
Hospital, nursing home, or residence home for aged
Park, playground, or public community center
Public building for governmental use
Other similar uses approved on detailed plan
3. Pa�k o� ,School ,Sites. Tracts 8 and 13, designated for park or park and school sites on
the concept plan, shall each be respectively conveyed to the city, free and clear of all
liens or encumbrances, upon approval of the first final plat approved for any tract of
land included within the particular phase of development in which the designated
parlc or parlc and school site is located, as shown in the concept plan. So as to provide
for a building site on Tract 13, excess soil material excavated during the constniction
of that portion of Lakeview Boulevard located in the same phase of development as
Tract 13, shall be placed upon Tract 13 in the quantities and locations approved by
Agenda Information Sheet
Febniary 5, 2013
Page 4
the City Engineer. A minimum of three contigtious acres outside the 100-year
floodplain shall be provided in Tract 8 prior to conveyance.
4. Road Utility Dist�ict. No road utility district shall be created or utilized to fund any
constniction of any street location within the planned development district herein
defined.
• On Augtist 15, 1989 the City Council approved by Ordinance No. 89-101 an amended
concept plan for Southview PD-132. The ordinance also approved a detailed plan for
1842 acres of PD-132 attached as Exhibit "DP-1" (Z-89-003)
• On December 19, 1989 the City Council approved by Ordinance No. 89-190 an amended
development phasing schedule for Southview PD-132. (Z-90-003)
• On September 4, 1990 the City Council approved by Ordinance No. 90-126 an amended
development phasing schedule for Southview PD-132. (Z-90-003)
• On November 17, 1998 the City Council approved by Ordinance No. 98-393 a rezoning
of 15.088 acres from Agricultural (A) to Planned Development (PD-132). The subject
property was east of Swisher Road and west of the intersection of Swisher Road and
Edwards Road. (Z-98-011)
• On November 17, 1998 the City Council approved by Ordinance No. 98-394 an amended
concept plan for 427.616 acres within renamed The Preserve Planned Development (PD-
132). The subject site is located within Area C, approximately 20 acres, which allows for
multifanlily development. (Z-98-011)
Subj ect to the following conditions:
1. Prior to the issuance of any building pernuts for lots on Tracts, C, H, I, J, K, L, M, O,
P, as identified on the concept plan, adequate transportation infrastnicture in
accordance with the approved Traffic Impact Analyses (TIA) shall be constnicted.
2. If a revision to the City of Denton's Long Range Thoroughfare Plan requires a change
in the alignment of the spine road and the configuration of adjacent tracts, the
maximum number of units/lots within each effected tract shall be allowed to increase
or decrease accordingly, while the cumulative total for all effected tracts shall be no
greater than originally permitted by the concept plan.
• On November 17, 1998 the City Council approved by Ordinance No. 98-395 a detail plan
for 138.992 acres located within PD-132. The subject property is located north of Shady
Shores Road just north of I-35 East and east of Swisher Road. (Z-98-037)
Approved with the following condition:
Tract D shall require a new Detail Plan if any portion is developed as any land use
other than a public school and/or public parlc.
• On November 16, 1999 the City Council approved by Ordinance No. 99-429 an
amendment to the area regulations as they pertain to the definition of a"front yard" of
Ordinance 98-394.
Agenda Information Sheet
Febniary 5, 2013
Page 5
(Z-99-067)
1. F�ont Ya�d fo� ,Single faniily Lots. Yard, front means an open, unoccupied space on
a lot facing a street existing across the front of a lot between side lot lines and from
the main building line. On all single-family lots, porches with stnictural support
(columns) shall be allowed to extend in the front yard five feet (5'-0") and any
associated roof overhang and/or similar special architectural feature shall be allowed
to extend another three feet (3'-0"). Outside of porches and their associated roof
overhang and/or similar special architectural features, the front yard shall not be
obstnicted from a point forty-two inches (42") above the general ground level by a
guardrail, fend or other object, except as provided for roof overhang or similar
special architectural features or plant material.
2. Po�ch. Porch means an open, unenclosed, unobstnicted, and non-habitable space
with stnictural supports (columns) attached to the front of a single-family dwelling
facing a public street and used for a purpose customarily identical to the main
stnicture, not including those allowed in accessory buildings (e.g. garage or carport),
in a residential district
3. (rua�d�ail. Guardrail means a system of building components located along the open
sides of a porch's elevated surface for the purpose of minimizing the possibility of an
accidental fall from the elevated surface to the lower level.
• On September 26, 2000 the City Council approved by Ordinance No. 2000-359 an
amendment to ordinance 98-394, to provide for a detailed plan for 14.76 acres located
within PD-132. The subject property being generally located on the east side of
Lalceview Boulevard approximately 2500 feet northeast of the intersection of Lalcewood
Boulevard and Swisher Road. (Z-00-012)
Subj ect to the following condition:
Site design for houses will be no less strict than the houses shown in the photographs
that were introduced into the record at the City Council public hearing on September
26, 2000 for Zoning Case No. Z-00-11
• On November 7, 2000 the City Council approved by Ordinance No. 2000-416 an
amendment to Ordinance No. 98-394, to provide for a detailed plan for 829 acres located
within PD-132. The subject property being generally located on the east side of
Lalceview Boulevard approximately 2500 feet northeast of the intersection of Lalcewood
Boulevard and Swisher Road. (Z-00-016)
Subj ect to the following condition:
Lighting on the property shall be designed and maintained so as not to shine on or
otherwise disturb surrounding residential property or to shine and project upward to
prevent the diffusion in the night slcy.
• On May 1, 2001 the City Council approved by Ordinance No. 2001-189 an amendment to
Ordinance No. 98-394 and 98-395, to provide a change in the required transportation
improvements for PD-132. (Z-01-0003)
Subj ect to the following condition:
Agenda Information Sheet
Febniary 5, 2013
Page 6
The temporary road connection between Pocicnis Page Road and Lakeview Boulevard
will remain in place until such time that the proposed extension of Edwards Road to
Lakeview Boulevard is completed.
• On May 4, 2004 the City Council approved by Ordinance No. 2004-139 a detail plan for
229.1 acres located within PD-132. The subject property is located on the east side of
Swisher Road, approximately 900 feet north of Chaparral Court. (Z03-0033)
• On January 18, 2005 the City Council approved by Ordinance No. 2005-024 a detail plan
for 24.8 acres located with PD-132. The subject property is generally located on the
south side of Pocicnis Page Road, on the east side of Lalceview Boulevard. (Z04-0024)
Subj ect to the following conditions:
1. Perimeter walls will be constnicted in accordance with the standards set forth in the
Development Code. The developer will be responsible for constniction and the
Home Owner's Associate will be responsible for maintenance. The developer will
also be required to obtain necessary Right-of-Way Agreements prior to constniction
of wall located within right-of-way;
2. Landscaping, including street trees, will conform to the standards set forth in the
Development Code;
3. Sidewallcs will be provided along all public and residential streets. The sidewallcs
within this development shall conform to standards set forth within the Development
Code. Both four (4) and five (5) foot sidewallcs will be provided and shall conform to
the sidewallcs on either side of the development. The change from four (4) foot
sidewallcs to five (5) foot sidewallcs shall occur at intersections and/or driveways.
4. Signs will conform to the standards set forth within the Development Code. The
developer will also be required to obtain the necessary Right-of-Way Agreements
prior to wall constniction of signs located within right-of-way.
5. The developer shall permanently close the temporary access at Pocicnis Page and
Indian Paint Way with the first phase of development.
• On May 16, 2006 the City Council approved by Ordinance No. 2006-137 correcting an
inadvertent mistalce in Ordinance No. 2005-024 providing for approval of a detail plan
for 24.8 acres located with PD-132. The subject property is generally located on the
south side of Pocicnis Page Road, on the east side of Lalceview Boulevard. (Z04-0024)
o WHEREAS, there was an inadvertent nustalce in the drafting of Ordinance 2005-024
as the ordinance failed to conform to the information provided to City Council at the
meeting when the ordinance was approved as such information clearly provided that
the Detailed Plan and the Property would be developed for single-fanlily detached
lots pursuant to the standards contained in the Neighborhood Residential 6(NR-6)
zoning classification, except as otherwise provided in the conditions contained in the
ordinance.
o PD-132 is amended by approving the Detailed Plan for the Property to allow for the
development of single-family detached lots under the standards set forth in the NR-6
zoning classification, with the following conditions.
Agenda Information Sheet
Febniary 5, 2013
Page 7
1. Perimeter walls will be constnicted in accordance with the standards set forth
in the Development Code. The developer will be responsible for constniction
and the Home Owner's Associate will be responsible for maintenance. The
developer will also be required to obtain necessary Right-of-Way Agreements
prior to constniction of wall located within right-of-way;
2. Landscaping, including street trees, will conform to the standards set forth in
the Development Code;
3. Sidewallcs will be provided along all public and residential streets. The
sidewallcs within this development shall conform to standards set forth within
the Development Code. Both four (4) and five (5) foot sidewallcs will be
provided and shall conform to the sidewallcs on either side of the
development. The change from four (4) foot sidewallcs to five (5) foot
sidewallcs shall occur at intersections and/or driveways.
4. Signs will conform to the standards set forth within the Development Code.
The developer will also be required to obtain the necessary Right-of-Way
Agreements prior to wall constniction of signs located within right-of-way.
5. The developer shall permanently close the temporary access at Pocicnis Page
and Indian Paint Way with the first phase of development.
PRIOR ACTION/REVIEW
1. October 18, 1988, City Council, Ordinance No. 88-166
2. Augtlst 15, 1989, City Council, Ordinance No. 89-101
3. December 19, 1989, City Council, Ordinance No. 89-190
4. September 4, 1990, City Council, Ordinance No. 90-126
5. November 17, 1998, City Council, Ordinance No. 98-393
6. November 17, 1998, City Council, Ordinance No. 98-394
7. November 17, 1998, City Council, Ordinance No. 98-395
8. November 16, 1999, City Council, Ordinance No. 99-429
9. September 26, 2000, City Council, Ordinance No. 2000-359
10. November 7, 2000, City Council, Ordinance No. 2000-416
1 L May 1, 2001, City Council, Ordinance No. 2001-189
12. May 4, 2004, City Council, Ordinance No. 2004-139
13. January 18, 2005, City Council, Ordinance No. 2005-024
14. May 16, 2006, City Council, Ordinance No. 2006-137
15. January 15, 2013, City Council, Removed from Agenda
Agenda Information Sheet
Febniary 5, 2013
Page 8
RECOMMENDATION
Staff recommends approval of the Development Agreement, as per the ordinance.
EXHIBITS
1. Ordinance No. 2005-024
2. Ordinance No. 2006-137
3 . Ordinance
4. Development Agreement
Respectfully submitted:
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Brian Locldey, AICP, CPM
Director,
Planning and Development Department
Prepared by:
��,��o.�
Erica Marohnic, AICP
Planning Supervisor
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a�tnn��rrcE rro. D -
AN ORDINANCE OF T�IE CITY OF DENTQN, TEXAS, PRO VIDING F�R APPROV� OF A
DETAiLED PLAN FOR 24.$ ACRES LOCAfiED WI'IT��T PLANNBD DEVELOpN�EN7.' 132
�D-132) ZONING DISTRICT; THE SUBJECT PROPERTY IS GENERALLY LOCATED 4N
THE SOUTH SIDE aF P�CRRUS PAGE ROAD, UN THE EAST SII3E OF �.AxR�W
BOL7L,EV.4RD IN THE C�'Y OF DENTON, D�'I'QN COUNT°Y, TEXAS; pROVII3ING FOR A
PENALT`4' Il�T THE MA}�MUM AMOUNT �F $2,Oi�(3.� FOR �IOLATIONS THEREOF, A
SEVBRABII..TI'Y CLAUSE AND AN F.,�EC'iiVE UATE.
{ZU4-0024j
Wi�REAS, on November 1?= 1g98, by Ordinance 38-394, the City Counci� approved a
Cflncept Platt fo�r 427.6 acres of la�d to Planned Ile�velapment 132 (PD-� 132} z�+� d�stric� a� more
partieulazly described �:e�ein; and
WF�RE1�, on Aprit 14, 2004, Holigaz� La�d Develapme�nt, Lid. Appli�i ta pmvide a
Deta.iled Plan for 24.81 acres of lan�d lar,�d within PD-132 a�.d more particularly de.scribed in
Exhibit "A" atta�hed hereto aad made a� her+eaf as Exhibit "A" (the "Propert�� saicl Detailed,
Plan being on file in the offiaes of t�e City's P�guning Departm�t, a c€�py of which is attaehed
hereta and made a part hereof as Exhibit `B,° (the "Detail� Plan"); and
V[�HEREAS, on December 15, 20Q4, the Planniag and Zoning Commission �ecomme�nd�d
approval of thc Detailed Plan; ancl
VVHEREA�, ttie Cii}+ Council finds that �e Detaile� Plan is consistent vvith the appro�ed
Concept Pla�n .far PD-132; NOW, THEREFQRE
T`I� COUNCIL OF � CITY OF DENTp1V HEREBY ORDAIN�:
SE�TIONf 1. The Sndings and recitations coxttain� in the greart�ble of this ordinance are
zncorporated h�ein by reference.
SECTIflN 2. Ordinance No. 98-334 pm�+idi�g for the approval ofan amer�ded Ccmc$pt Plan
for the Planned Deveiopment 2oning District Clais�ific,�cm and Use Desig�atic3n for �e pragerty
described as PD-132 is amended �y appraving the I3etai�ed Plan for tlie Praperty with t�e fallaw�ing
conditions.
1. Perimetar wa11s will be construct�ci in aeccardance with the standa�xis set forth in t�e
Developmeni Cods: The d�veloger wi#1 be resgonsi.bIs for �onsfi�cfidn and the Horne
Owner's Assaciate will be res}�onsible for ma�.ntenan,ce. The dev+�loper �ill also be required
to obtain the ne�essary Rigiit-of-WaY Ag�me�ts prior to coxistr��ciion af wal�s iocated
within right-of-way;
2. Landscaping, incIuding str�t tr�es, will co�farm tQ the standarcis set farth in the
Deve�Iopment Cade;
3. �idewalks will be pravaded along � public and residentiai stree�s. The sidewatks wit�Zin this
develapment shall conform to the standards se,t forti� within the Development Code. Both
faur (4) and five (5} foot sidevvaiks will be pro�nided and sha11 canfarm to the si��ralks �n
Page z
_,, ..
�,.: .
� -- - �
eitbsr side af tlne deve�opme�tt. The change from �our (4) foot sidew�Iks to five (5) faot
sidewalks shall occur at intersectio�s ancUor dr�veways.
4. Signs will conform to the standards set f�th within �he Development Code. The developer
will alsa be required tc� ob�€�,in the necessary Right-of-�ay Agreemer�ts priar to wall�
constnr.ction of signs loc�cl �vifhin right-of-way.
S. The developer sha11 permanently cic�se the t.�nporary aecess at Poclaus Page �nd �in�dian Paint
ViTay with the f� phase of development.
SECTIDI�T 2. The grovisions of tbis a�ance as they apply t� the Property, �ha1t gavenn
and cantrol aver any confli�ting provisions nf Ordinance 1�'0. 98-3�4, but all ttte p�sovisions of
Ordinance No. 95-334, as they aPply #o that r�naining portion of the district �t herein amend�,
shall cantinue in force and effeet and shall agply to the remainder of s�d disirict.
SECTION 3. The CiE}�s offiCial zaning map is amended to show � apprc�val ofths detailed
plan.
SECTIQN �4. Any person violating any provi�ion of�his ordinance sha.il, u#on caonvictian, lae
fined a surn not exce�ding $2,000.00. F,ach day � a gx�ovisicm of tbis ard�aance is violated shall
constitute a separate and distinct offense. �
SECTION 5: This ordinance sh�ll beccrme eff�ctive faurtee� (14) days fi�am �te da�e of its
passage, and the Crty Seeretazy is h�y direct�ed to cause t�.e caption of this ordinaz� to be
published twice in the Denton Reco�-C�nicle, a daily newspaper pu�li shed in the City of Deaton,
Texas, within ten (10) days of ttze r3ate of its passage.
�. . � . � . . . . � 1 j � s� � . � �1/_eL�l_211 r � �
� �
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.
i ��• •�
�
ATTEST:
]ENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FQRM:
HERBERT L. PRO�I,'1'Y, CT� ATT�RNEY
:
Page 2
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S:IQur pocumcntsl0rdinances106�'L04-0024nunc pro lunc.doc
ORDINANCE NQ. .2Qd����
AN ORDINANCE �F THE CITY OF DENTON, TEXAS, N[_)NC PRO TUNC, CORRECTING AN
INADVERTENT MISTAKE 1N ORDINANCE NO. 20Q5-024 PROVIDING FQR APPROVAL OF
A DETAILED PLAN FOR 24.8 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132
(PD-132) ZONING DISTRICT; THE SUB�ECT PROPERTY IS GENERALLY LOCATED QN
THE SOUTH SIDE OF POCKRUS PAGE ROAD, 4N THE EAST SIDE OF LAKEVIEW
BOULEVARD IN THE CITY OF DENTON, DENTON C�UNTY, TEXAS; PROVIDING F4R A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATI�NS THEREOF, A
SEVER.ABILITY CLAUSE AND AN EFFECTIVE DATE.
(Z04-0024)
WHEREAS, on November 17, 1998, by Ordinance 98-394, the City Council approved a
Concept Plan for 427.6 acres of land to Planned Development 132 (PD-132) zoning district; as more
particularly described therein; and
WHEREAS, pursuant to Ordinance No. 2005-024 the City Council approved a Detailed Plan
for 24.8] acres of land located within PD-132 and more particularly described in Exhibit "A"
attached hereto and made a part hereof as Exhibit "A" (the "Property"), said Detailed Plan being on
fil� in the offices of the City's Plan�ing Department, a copy of which is attached hereto and made a
part hereof as Exhibit "B" {the "D�tailec� Plan"); and
WHEREAS, there was an inadvertent mistake in the drafting of Ordinance No. 2005-024 as
the ordinance failed to conform to the information provided ta City Counci] at the meeting when the
ordinance was approv�d as such infarmation clearly provided that the Detailed Plan and the Property
would be developed for single-family detached lots pursuant to the standards contained in the
Neighborhood Residential 6(NR-6) zoning classif cation, except as otherwise provided in the
conditions contained in the ordinance; and
WHEREAS, the City Council has the inherent power to retroactiveiy correct such mistakes to
reflect the truth af what was actually approved by the City Council when approving the ordinance;
and
WHEREAS, the City Council finds that the action taken herein is in the public interest;
NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTIQN 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance No. 98-394 providing for the approval of an amended Conc�pt Plan
for the Planned Develo}�ment Zoning Distr�ct Classification and Use Designation for the property
described as PD-132 is amended by appraving the Detailed Plan for the Property to a11ow for the
development of single-family detached lots under the standards set forth in the NR-6 zoning
classificatiar�, with the follawing cflnditions:
S:IOur pocumentsl0rdinances1061z04-0024-nunc pro tunc.doc
l. Perimeter walls will be constF-ucted in accordance with the standards set forth in th�
Development Code. The developer will be responsible for construction and the Home
Own�r's Associate will be responsible for maintenance. The developer will also be required
to obtain the necessary Right-af-Way Agreements prior to canstruction of walls focated
within right-of-way;
2. Landscaping, including street trees, will conform to the standards set forth in the
Development Code;
3. Sidewalks will be provided along all pubiic and residential streets. The sidewalks within this
development shall conform to the standards set forth within the Development Code. Both
four (4) and five (5} foot sidewalks will be provided and shall confarm to the sidewaiks on
either side of the development. The change from four {4) foot sidewalks to five (5) foot
sidewalks shall occur at intersectians and/or driveways.
4. Signs will conform to the standards set forth within ihe Development Cade. The developer
will also be required to obtain the necessary Right-of-Way Agreements prior to wall
construction of signs locat�d wit�in right-of-way.
5. The developer shall permanently close the temporary access at Pockrus Page and Indian Paint
Way with the first phase of developrnent.
SECTION 3. The provisions of this ordinance as they apply to the Froperty, shall govern and
cantrol over any conflicting provisions of Ordinance Na. 98-394, but a�� ihe pravisions of Ordinance
No. 98-394, as they apply to that remaining portion of the district not herein amended, shall continue
in forc� and effect and shall apply to the remainder of said district.
SECTION 4. The City's officia� zoning map is amended to show the approval of the detailed
plan.
SECTION S. Any person violating any provision ofthis ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance is nunc pro tune to take effective retroactively to the effective
date of Ordinance 2005-024. �
PASSED AND APPROVED this the 'lO�� day of , 2006.
� �
� �� � ,
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, C[TY SECRETARY
BY: �
' Page 2
S:lOur pocumentsl0rdinanceslD6U".04-0024nunc pro [unc.doc
APPROVED AS TO LEGAL FORM:
EDW1N M. SNYDER, CITY ATTORNEY
�.
PAGE 3
Exl-�ibit A
E�-II$IT "A"
Mi�TE� ANII �3QUNU� D�SCRTPTIUN
:,. . , s: . •. - _.
BLi�M�I1�EG +at a rn�lrc�ad �p�ks se.ii d� = halt vetw►e�nt . tn Fcckrua .P e Roa� �t ih�
nart��t r,�nr af th� �na� Int �r i�:.F�V'� `�ii F��1 q� SEC1t�N �, �HAS�
�, an �dd�lan ��ths t��y ci �an�. Q�i�an �unty; t�zas .�a. r.aan�dsd in �bin�i R.
SCtcie 27'9 �of t�t�r P�at ita�e�t :of �7�t1#�i ��ity; €�qr� �.�:�T.� :�
1Fi�t� alat3g �r we�te�ly t� ,�i as�d 7'�I� Al���R1� ��IT �� • CR�C; 'SEC31t�N !�,
Pl�ihS� t� #he �tlaw�n�
S{3272'S7�'YV. a�i%tcn�s af �6:� fa�t .� a� f�' ��� +�r�.h b pla��i� r,ap ,sQ�;
�{8T37''!�"Y!, a �f�atdr�es . s�i 2T(�:{1Q #�et . tt► � � J�" �orl .rOd ;1�tti� t� ptc�rt3c +ccp:. �bt .at l�ta
ipiUatlrrg pi�tted t�nn�e o� �td B+�q�to DrPv+�
�t'2�`57'W, at�q �tha �arl��i� �dlt� #�nn'�u� �i° � so�d �ariic �rt+�, �� � .d�atanc,� ot
�.L?D teet �ia�st�� tt 7 f�" � r�si� �rttat � pta�ti� ca�r � aat '� t�ia er,�ith i1�e at ,said
B+�ar�a �#140�,. ��t,�u�� � t�tc� dk�trm+a�. ai ,���4 � �oQt �a :� '� j�' trn� �d wt#Fi. s�
pl�it� t�p gs�
S'G��1'?.B"� d dTa�artos �rf BD�E�� �a�s# td a 1�" ,�orj fo�� �rlth a pl�tfc r,a� se�
�D'16,'�'f8'"�. a dTs�crne� �3' B�,#� �� �a� � ��"� �t�n� r�►d w�th :� plo�tk. �+a�, e�at�
520�7'3#'�, s� �dF�ce �f 88.�3 f�t 40 �i 1/�" � lr�cf ir�ih a p�t�#ki �p �e�;
t5���'�7"� �a distsmi�e ai I�7.i� f�lt :�f �G.�1 j�" ira�i .rdd wit�f �, p�tl� �cap� �t� in tfi►�
nar�Eh�arly rtghiy-�i�--�rny li�ie of �k�v�a� `�oi�ev�d B�` �:��1.j, �[d p�t befirt� t��
p±oli�t ai .cutva�u�a ot ��n-•�nr1���, d�'t�llr�r .�unre�. to �e I�t, f�pvt�q Q radiva th�t
b�ara �'�'i4'�„ 1�54:pf� f�r� �
'iHEfilt�- SeuE�tt�sietly. �e�tr�9 tE�s'�reatt' #�e� � scid '�i�l� P3�E5�� AT P�t;AN �RE�3C.
5�C'ttObl a. P�iA:� i; ond a�r►q �� no�rti�w��o�ly. ����-w�y ik�►s �f �d i alcevte�v
�ot�fav+ard and sntd a�W�r ct�rva�:t� �ii� Isft., �ki�au� ct �fr�i on�te a� f38`47'�}2 ; ar�
cres �dta�s�a �srf 174.� f�t :'en�k �arrfn� e� �hn� tht�k k�t� 537�?,,i'S5"W,
�n �istttr:cs of i��.� �Ciret tcs. a.1 fi Tre�nn r�d wlt� a plaet�tt a�tp a�t;
�1C� H�7'3YQ,�'�!1� � dap�#tng .�he �arthr�iar)ly ri�h�-}��wa�t I�ns �f #�c[ �c�tv�syr
A�avr�d, �d 'dep�� E�a:prnWot� e�on�.t��errt:atn� a�tstcr�e af �3�TQ #a�! tQ a
1�Z" i'r� rod w�� b pla�1� i� �pv� in #ha: riaa# llrie �t �Ed �;13:512 �ra �ct eRd ilae
s�ya� t/��tTs ct �i ca�11�d 1�q citxa �tt Of ir�hd�aa ds�d ]n :�urn��. �DOQ-*�f07DT3�;
f #�Qa�Lr [ ry . . . .
]'HETdCE N0�'S7"'� aiong �Ero�.tire�t itn�e ot �nk3� ��3.�1�;ac�-trt�ot an�t �� e��t��3t�f�� afi
scld cdta�i ��.�D. � tract; a� a df�ftnn,�s �# y'►.�8�7�, ��! �!a o ra�ra�d �rp)ke tn aapfted�
p�vemae�t �k� � c��arenier�tton�d poi�rus Poq�e �act�l.'at ths rhoat �steriy tttx#tw�#
oom� df iw�dr� 4t��2 �cec�s�a t�ac�;
1N�Vt,E 5�7�19'i 3"�, wlkti3n ,�atd Pod�vs .Pt� Raad �td z�ott a rrc�fh i�,� �f' �dfd
4�J 51� c� �ra� zt +�s#oricis fff �D�3:03 fi+� �a. #h�e PC�9N�' ����iNHI�+lG
+�d �onettd���. 1��82,�4� squara #aet nr �2#.8�31 a�s i�t: t�.
' L� .Legend - - - - -
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LOT SUMMARY
o.`�i. o.�.n�'rw�. �nn
• 5Q'xl� 63
u 551100' 20
o S��y110' 23
0 50�f�725' G
70TAL 115
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�-.`^��_'-- 1 � `�°',°°�idtl6Ei"Ii�LD�"` � s�rnr �; .i � �� /-
� i - �'�=-�� ' . . � .,w,., �,.o� �cew+on �`�° � : '
3� - - ,. '. . FIR�E MAP� 48121C0367E I . f � �.��.
�a . I j�'.
�a : . . . . . � ; I :�.
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_ G�neral Notes:
�� uw�...� aw�.�a .,w�eva �e�.;� .� i.o I:: as�M w.... .� ,�.�e..�.a w.
xl .M ,i,..� eb�..,mu aw. e. w..���aw ,ro� u. e�iy .� o..�tm r...r �.�aese.
s) s+e..�+.. .n P�re e�a�e d� wae� ...a«��a .i.e.u,
�� a.. w.�.. R i... m��.. r.�.a.. o.,.�....«en.,.
Sheet Index
�. .�uwu�r n.�i
� mnnu�..ar rt.r
rn
�
� �
�
Exh',b�,� 6- opt;�n I
PLANiV�D p�V�4.[�p�,AENT�i,M�N6M�h1T
PRESERV� AT P�CAN CR��K
SEC1lON A2
li5 SF-6EfqCFiEp LOTS
za.asi AcAes
RR1A1ID N T}E
mo�ou w�ucen uarvsr. adsrn.,cT ox
CRl' OP �F1fYOl�l iE%A8. OEHtON C011liY. TE7U9
wr wv� e, aao.
�-�� t�1MO��oEreCwelrt
msONOrNpY��w��1.9�.]W �w�����.
Gwa i�.�� >siu 1bF Cw�✓4 Fw•w.�f� N� tG0
ron� orr-reaa �••. r.,.. �sm+
is�xr a�-w�. i.. ���w �xa.ae.r
x .w�iw�+e••
cs+.�i n a
�,�+:
The YNages af Cormel, Phosc iil, 24,86i Acres
Cideon WoIGe� Survey, A6slro[I No. 13J0
City of �enfon, Oentan Couniy, 7eros
OWh'[R'S [[fij�j7CATE
S7ATE OF 7E%h5:
LWNTY p� OENTON:
wHENEAS HOLLIGAN 1AN� OEYELOPMEN7 L7[7. is me a a! a lract of Iartd alWatetl in
the CfQeon Waiker Surwy. ABStract Mo. 1530, Crly af Oenlon, �enlan Cou�ty, Twva. ond
beln orllan o/ a[olletl 11 . 7
g o p 0`�0 aC*e EIa[f af ICnC ds tlescrfCetl trt deeds ta The
Preserw ot Pecon GeeM. Ltd, recareetl �n Cou�ly Qark'a tloeumenf num6ers 99-ROQ58704,
99-ROa5B7a6, 99-Rqp58707 antl 89ROOSB713, dea 6eing a pwlian a! fhe n3.S72 acra
truct o! +and ae tlescnbed �n Eyni6�1 "�' o! Oeed o! Trurt and Sewrity Agreemsnf,
lecutled kl LOUnty CIerM'e docummi number 99-ROOGp7p6. 0�1 ro[arded in !he Real
Property Records of Den[an Ca�nty, Te.as (R_P,R,O.C.7,) anp baNq mare portfcularly
tlucri0ed na lNlorf:
BEG�NNING ol o roitraod Splke found In dsphall powmmt n Packrus Puqe Rood al fhe
arfglnal nor�hweet comer o! Ihe flnal plai a! Te{f PpESERVE AT PECAN Cf{ECK, SEC710N A,
PHASE I, vn oaaiElon to Ihe Clty o! oentm, oenton Gounfy, ie.ae ar ncwdvc in Caninet
R, yida 279 of tne Plal Records af Dantm Counly, Texas {P.R_p_C,T), bpn w1lch n
roilrood spfAe set irt aapAoll povement in Pockys Poga Raad
a� a� mQie AOlnt in e nwth Im� pf �pfd 47J,512 ocre trect and safd GOfled 110.507 ecrv
tract, 6ear� SB7'09'13�E, 172.57 leel;
THENCE elong Ihe reeteNy lines e/ mid filE PRESERYE AT YECAN CR�EK, SEC7IPN A,
PNASE !, the lWlawing:
50222'SYW, p olala�ce a! 696.<0 !NI io 0 5/B" kon rotl wlth e plaatic �ap ael fo✓
cvma;
N&7'S7'p7'W, a d�stance af 27Q.U0 leat la a 5/8" kon rad wim a plartfc cap aet !or
5022Z35"W. a dislance of 265.54 !eN to a 1/2' iron rad Iwna f caner,
5013�'J3'E, a dlstance ol 60.62 teet to v 5/d' Iron rod with o plastic cap sai fa
Com¢r,
SIOY�.3'18'E, a tlfalance o! 6&s9 leet to a 5/e' Irpn red •�N a A+oriic cap svl !or
C0.TI6l:
52027'd4'E, a dlstance of 68..77 leet ta a 5/6" ko� rod wltA o pleatic cop set !or
camer,
52958�44"E, o distan[e a! 107.74 laBt lo 0 5/8� Iran rod wi[h a plastiC caA set !or
camer al iha narlhsm moaf c af Lot 10, 6�ock 5 af LAKENEW 9WLEVAR�
RiGH7-OF-WAY, LOT 10, g�p�Kr$erlOT 2, BLOCK 1$ ANO 1.07 7��, BLOCK 22, THE
PRESEAYE AT PECAM CREEK, o adeulon ta Ihe City ot oenSo�, Oe�to� Cwnty, Teres, o
recorded in Catine! R, 9fde Jb6, P.F.O.C.f.. aaitl polnt Leinq Ihe poini af cvrvohre o! o�
non-tanqenl urculnr cu�w ta tha left hatinq a rod'we of 1050.00 leet;
7HENCE South.esteny, depariFnq ine weat �ine ol safd IkE PRESERYE pT PECAN CREfK,
SECTION A, PkASE 1, a+ong t�e narlhweetrrly line of saitl La! 10, @lack y ond aoid cMCUlor
curw to Ine bl1, [hrough a entrN o�g�a a� 09'47'43�. M orc disionce of 179.50 feet ond
hoving a chartl t�at Peo� 537�05'56"W, u Gi9tance a� 179.25 leel to a 3/�" iran rod with
a pfostic cap aet for t ,
THENCE N87'}7'p,7'�y deparEing the narinweslerly lina af aoid Lot f0, B1xx 5, o dlatnnce
e/ 6J5.7p lavt la o 5/9" ir rod wfth a p�oslic cop aet ler cw�e� +� tha .asl lin. o!
9pfd 4j�,$12 OG(4 I(O[I G(idolil! GOii IinC Oi O COfIld 15.00 O �! llp�� 0� �Md O6 LG9[libGd
fn dvad fo Tha Preaern al Pecan Cr.ek, t[d., recorded in Co�nty Cfvrka documen[
2aaa-R4107,704. R.P.R.O,QL;
7iiENCE NO2'22'STE, alonq Ihe wwt ��e of so+d sIJ.512 ocrv trnct ond the aaat INe al
aaid called 15.OD acrr lracL u d+slonce o! 1388.72 fe�t ta v 5/8' Iron rod s�! r
oloremanlioned Pockrvs Ppqe ROOd at tf�e we9iem mo91 nwihx¢ak comer o! said I1J.572
ocre frack; ,
1HENC� S&7'p9�1J"E �ithin acid Pockr�e Paqa Raod, onC olong e norlh line of aa�d
i13.572 o[rs Imct, v d�CtOMe o( 995.�! l��t kv kne PDINT Of BEGfNNMG ond co�taNing
I,OE2,939 squore feet or 24,86} ocrea af fand.
ownea: PREPnR[o sr:
HOLILhN �ANp pEKLM�CNT, Lf6. BPOCKETfE�ANS�pRAnL. �'C-
15950 NDRM DRLlAS PAFNWAY Civil & Strurlurol En
SU17C 750 g�merinq �r.br�q
fJALLAS, 7LXA5 737�9 ��4� Nerth ��nlyd E.pr�sl.ey. S�ile ii90
472_78�_�999 Od+os. 7r=as >5201
97i-Sb7-16E5 fAX (�II) 87�-3fii]. laa' (714) E1�-106�
NOW TkEREFOFE, NOw .4ti MFN BY 1NESE PRESENiS
ihnl HWC�H LAUO O�EYELOPMENT, cR1. daea hereby odopl inis p�ot,
Oeafqna�Fg �ne abava dncrCed an NLL1G£5 Oi CARYEL, PHASE N,
nn odCftfan So !!�s Clty cf panlon, O�ntm LW�ty, ievp� pnd tl0
nerrby deewo�a. M fee finpie. te thv p�o+k v v lo.exr tne streela
and a'leya Mawn iher me enh shewn threo� me here6y
nsarwd 1or Ne puryoser fnGlcated.�7ha utulty m�d ll�e Ivne,
mta shau be ape� lo !ha A�bl�c, fie end Adice �n�la, parb g
end Yubblan ca'I�ctlon oqen[l�r, anE oN puWlc ond priwte UtR �I fpa�Pp-
wch wllcvlw- ut�. 7h� moMtw�mc� af h tli
p Ae.inq On t e oN �y a�C
Ar� I n
a e eoeanenG ia lhe re vna�ii[ o! [he erl No
euYO� e, �e�cea. treea. shr�CS w atner Im �PV a
9 V��snaa r� e�rsee
�hell b� crostruct�e rxonatruct�E w plocW pm, w is
Ihe eoaemenis ca ahewn. Sa�d eaee..�mla benq rye..ey rsametl for
Ihs m�t�d �se and ecremm000tfon or ail p�bfrc vluit��r uelnq w-
de.r'�g te u aome. a�i, o�d ony puElic utility �ndl hove tha riqhl
la rwnGVe vntl FeeA � morod all ar pwlr o! my buMtllnq, lencea,
Ir��a, ehrubs or alhs�cYnprowrt��nls or qrewlh� rhl�h N pny .py
may mdenpe� o� ntar��r. .�1h Ihe renawctfon, mo:+lanance or
.rflNency af IIe reapecllw splem m M. .o unent6. a�d o+� pUb��c
ufifiti.s shd! vl df lim•s hor tne fiAI rfqhl of ingr.ss end •gre+< <o
or Fan ond �pon the roid eadCmMl! !pr (he p�rpeae of
cMa1NGlfn9. �cOn9WClinq, inapxtln9� Potrw'lln4. mahtolnYiq md
oddxg lo w Nnq oN a- pa�s ol its r.speclive .yat.m� wilha�l
th� neCelelly a! My lime e! procuring [ne pe�lel�O� o! P�Jvna.
(My p�blic uSOiiy shelf hpva (Yie a�dlt o! Nlgfena md egreaa lo
prhyte propsrty !or Ih. p�rpw� ! setlMq met�ra anQ wy
ma�,tu,mce «.x.+�. .Qy�rc.d o. �e:,a.ey pm-rw�,,,d 6y that
utYily). Woler mon mC woatewvtx eeamnmEa sAoll dse inFlude
adCltlonol o ol werking epoce fa coneWCUen end moint.nrncr o!
M� �ya�pn¢ �dddl�l�d w rnl o o b alao t w�ad fa
inatdlolian anG mvinlermca of mcMw'm, Neanwte, fre hyd�ml�,
�a[er esrHCes and r'esE� Woty eNMCea folm Ihe main �o Mr N!b
w por�m�nf lne, and deacrlplion o! �uch etldilipnd rosamMlt hn��i
grontea ahcll be eeterminW by (hvlr fxelivn os in�[ollee. inla p�al
apDrowd su6pcl lo v!I pbttlnp ordinonc.., N1ea, repulqtfp�e w�d
readulions a! Ihe [ity o! pentm. Temf.
Ex.cut�d th4 th� _ tloy a! 2005.
HOUGAN LAN� UEYELfAPMENT, LiP.
Hy.
WALLY CREEL PRESlOFN7
STA7E pF 7E1L\5
CWNTY pF (JA�(p5
BEFORE ME, thr undraipnetl ovt�af�y, � thia doy pmmNty
oppeG'Rd MWfy Ge��. rn bMiolf ol aald Hdlqpn Lmd O�rNopm�nt,
�Id.
f�tifN UNOER Mr HANU AN� SFAL OF OFFlCE on the _ doy a!
2ao5.
Nalary Publlc fn and iw $fale o� Teras
sunv¢roR•s crnnricnrrorr
I, MICNA� H. MARX, 0 Rqqi�kared Prefe�aional Land Surva�vr In Ihe
5tvle �! fe�ea, tle hrrWy c�rtfly I�at I �aw Ar�pned Nla plp� hpmi
oc�uel an 1he grwrn7 s rr.y ol �h• 1and, o+�d Ihs man�mm[a
MG�� MV�M �•�w�rd end�w placrd undw� my A�rsmo!
a�pevialen In v cxvance wfth Ine p�atting r�les md reguiotro�� of
Ihs Glty Plan Commlaahn pl ih� Gf(y 0( Oen10n.
MlCHAEL B. MM%
Heqiatued Prolvsalond LonE Su.w�or
Trxas Rryislrotion No. 3889
siA7E p� 7Fxas
�p�fNfY p� OALU.S
BYiORE ME, Ihe untlw-aign�d Outhyity. M ihis doy pnaandly
vppaweE IRiCYiAEL B. MAR%. hnovm lo me la b. ths p.nm .Te�e
me',ueacrc.a ro sn. �or.gcmg ;n,bwn.nt o�d oc��ad.og.a ro
thot he eMecutetl Ihe wma fw the p�,ryoaee artA conaiEe�otlon
lner�fn e+preaaed. In Ihe caAa���Y tnerem etoteC.
GVEN UNO[R F!Y NANO ANO SE.V. OF OFFICE m the � day o!
— 3GOi.
Me(wy P�blic in ond for Stal� ol T�vos
ior sc7s�cx �Er,vu
TYPICAL LOT
,r nun �
� v rs
10' iltpli R
�--vuacs----1
wo* ro scu� xo. m xuc
NOT[$
B�O�K �, LOT r9; 810CK 6, LOt 2P
BLOCK 5. LOT 25; ANd eLOCN 8, LOT 15
�0 BE Q%71E0 ANO 1A0.1N7hfkE0 �Y
THE XONE OWNERS ASSOqATION.
BlOC1C j, LOrS }-9 l0 BE e1nLT ON FOR
�OOEI HOIAE FURPp$(5 ph'LY UNRL
AC�'pTA1JCE qc pEMOING L£T1ER OF
A�M REVISYON 6Y FLWA.
TYPICAL SIDE LOT
' nE� 9L
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G �
a b EI v.u¢5
_ L
io raai e�
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WALLS ANU WALL MAINTENAL[
EASEFIENiS TO BE MAINTAWEO BY
7ME HO�E ON1+FR5 A550RAnp�a,
TM£ t£HPpQ�{RY ACCE55 EASENENT
1�USf BF AHANa+MED PltlOR Tp
BURpNG ON LOTS 9& 10, eLOCK 5
AMEN�INC PLA11MC0 OE�EipPYEMT 70 AOHERE TD PD
AMEN�AlENT THAT HOM[5 BE BUlLT ACCQ"iDING
f�_THE NR-fi STANOARp$ (INTF} S� S10F SEi8AQC5)
CFATU]Gt�E OF APPa0v4
Mprv�.d �nir � n�y or ,in aaoa.
s� u. ti.»i,w^a,� R,w.. ea.�,iu.. or rn. cuy or o�e�, r..,.
O�..icpn.nl A.�:e. �rnmill�R Wohnm
.r�sro
c+�y s.o-eso•y or :n• a�y or p�tm. r..w.
T77E PURApSE OF MIS AAlENDfNG
PLAT IS TO RE51Ze LOTS ANO MOO1fY
$I�EYARO 6UrLDfNC rJNFS 70
FI7 BUtL0ER5 oESIGNS
P1,�4NNFD DEYElQPMfM
[ICIIVLLa P%,ani
or
THE PRFSFRVE AT PECAN CRf
SfCTlON A, PHASE I!
14.867 ACRFS
AAIENOING BLOCK 1, L0T5 1-8;
BLOCK j, L075 i-74; � 6L6CH 4, LQ75 1-28
SITl1AT£D IM TNE
GlOEON WALKER SURVEy, A657RACT Na. }3d0
C17Y OF OEN70N, �ENTON COUNTy, TEXAS
zas—oa3z oec�uaeR zoas
CO]010 Po �mmqnent.e.p 100 SCNf Ei } oi ]
S:\Legal\Our pocuments\Ordinances\13\VOC 3 Wall development agreement ordinance 020513.doc
ORDINANCE NO. 2013-
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH HMH
LIFESTYLES, L.P., SECURING THE COSTS TO CONSTRUCT THE UNBUILT
PORTIONS OF THE REQUIRED PERIMETER WALL FOR THE VILLAGES OF
CARMEL, PHASE III SUBDIVISION OF THE CITY OF DENTON, TEXAS, PURSUANT
TO PREVIOUSLY APPROVED PLANS AND PERMITS, AND AUTHORIZING
PERMITTING AND CONSTRUCTION OF HOUSES AND INFRASTRUCTURE ON THE
REMAINING UNBUILT LOTS IN THAT SUBDIVISION, IN ACCORDANCE WITH
APPLICABLE BUILDING AND DEVELOPMENT REQUIREMENTS; DELEGATING
AUTHORITY TO THE CITY MANAGER TO EXECUTE SAID DEVELOPMENT
AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the attached Development Agreement concerns a development
platted as the Villages of Carmel Phase III subdivision of the City of Denton, Texas,
which is a component part of a planned development zoning district lcnown as PD-132;
and
WHEREAS, as a result of certain code requirements, detailed plan conditions of
the PD-132 district, and plat conditions enforceable upon the Villages of Carmel Phase
III subdivision, perimeter walls meeting certain design and construction standards
more thoroughly detailed in the recitals of the attached development agreement were
required to be built by the developer as a condition of development, to be maintained by
the homeowners' association in an easement dedicated to the homeowners' association
for that purpose, and
WHEREAS, the original developer of the subdivision sought banlcruptcy
protection before satisfying all requirements of the development, including many
portions of the required perimeter wall; and
WHEREAS, the successor developer prepared to complete development of the
subdivision, and is seelcing the City's accommodation by way of a development
agreement, allowing construction of the remaining houses simultaneously with the
construction of the required perimeter wall, provided that the costs of constructing the
perimeter wall are fully secured in an escrow agreement, guaranteeing payment of the
full costs of constructing the perimeter wall; and
WHEREAS, the successor developer has demonstrated commitment to the
perimeter wall obligation by commencing construction of the required wall and securing
funding of the construction costs of the wall; and
WHEREAS, under the circumstances presented, Staff recommends approval of
the agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference as true.
Page 1 of 2
S:�I.egal\Our pocuments\Ordinances\13\VOC 3 Wall development agreement ordinance 020513.doc
SECTION 2. The attached development agreement relating to the construction of
perimeter walls and the simultaneous permitting of the remaining residential lots is
approved as conditioned therein.
SECTION �. The City Manager is hereby delegated authority to execute the
attached development agreement on behalf of the City of Denton, Texas.
SECTION 4. This ordinance shall become effective immediately upon passage
and approval.
PASSED AND APPROVED this, the 5th day of February, 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
Page 2 of 2
STATE OF TEXAS §
§
COUNTY OF DENTON §
DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is entered into by and between the
City of Denton, Texas a municipal corporation chartered under the constitution of the
State of Texas, and located within Denton County, Texas (hereinafter called "City"),
acting by and thraugh its duly authorized officers, and HMH Lifestyles, LP (hereinafter
called "Developer"), acting by and through its duly authorized officers, and concerns a
development located within Denton, Texas, platted and filed of record as the Villages of
Carmel, Phase III (hereinafter called the "DevelopmenY').
WITNESSEtH:
WH�REAS, on April 14, 2004, Holigan Land Development, Ltd. (a Texas Limited
Partnership), as the original developer of this Development (hereinafter, "Holigan")
requested approval of a Detailed Plan for approximately 28 acres of land located within
zoning district PD-132 of the City of Denton, Texas; and
WHEREAS, on January 18, 2005, fhe City Council of Denton, Texas adopted
Ordinance No. 2005-024, which approved Developer's request for a Detailed Plan with
conditions, and subsequently approved on May 16, 2006 Ordinance No. 2006-137
amending Ordinance No. 2005-024, with no change to the previous conditions; and
WHEREAS, the conditions relevant to this Agreement are set forth in Section 2 of
Ordinance Nos 2005-024 and 2006-137, which states in relevant part:
"1. Perimeter walls will be constructed in accordance with the standards set forth
in the Development Code. The developer will be responsible for construction and
the Home Owner Associate will be responsible for maintenance. The developer
will also be required to obtain the necessary Right-of-Way Agreements prior to
construction of walls located within right-of-way."; and
WHEREAS, requirements for perimeter walls then in effect, per Section
35.13.9.B. of the Denton Development Code, reads in relevant part:
"Subdivision Perimeter Fence/Walls Standards
Along
a. Walls shall be made of any combination of wrought iron, masonry, stone or
decorative concrete panels. .
b. Decorative stone, masonry or stucco pilasters are required at a minimum of 50'
on center.
Page 1 of 7
c. The use of a cap is strongly encouraged with other design elements to
;
modulate the top of the wall.
Along the right-of-way of a Local Street
a. Walis shall be made of any combination of wrought iron and wood. If wood is
used, it shall be constructed with steel posts and a decorative cap with the good
side out.
b. Decorative stone, masonry, wood or stucco pilasters are required at a
minimum 50' on center.
Construction
Perimeter fences located within 50' of a public or private right-of-way excluding
local streets or alleys shall be constructed of masonry material.
The framework for newly constructed fences and walls shall face toward the
builder's property, except where fences are jointly constructed.
Fences shall not lean at an angle from the vertical plane any greater than five
(5%) percent.
The use of barbed wire, razor wire or electrified wire in a fence construction is
prohibited, except for permitted agricultural and industrial uses,
Vision Clearance Area
A vision clearance area shall be provided at intersections which meets the
standards contained in the Transportation Criteria Manual."; and
WHEREAS, the staff report for the January 18, 2008 City Council meeting
identified Holigan as the applicant for the above mentioned Detailed Plan request, and
states in relevant part:
"Masonry Walls
The applicant proposes to construct a continuaus eight (8) foot masonry wall
along the east and west right-of-way lines for Lakeview Boulevard. The applicant
also proposes to construct a continuous six (6) foot masonry wall along the south
right-of-way line for Pockrus Page Road. Both walls will be constructed in
accordance with the standards set forth in the Development Code. The developer
will be responsible for construction and the Home Owner's Associate will be
responsible for maintenance. The developer will also be required to obtain the
necessary Right-of-Way Agreements prior to construction of walls located within
right-of-way,"; and
Page 2 of 7
WHEREAS, the Amended Plat for Villages of Carmel, Phase III was filed for
record in Denton County on August 14, 2006 in Cabinet X, Page 253, and is further
located within the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton
County, Texas; and
WHEREAS, Haligan and its affiliated entities sold, or were issued permits for
construction of houses on approximately 106 of the 116 lots in the Development;
however, Holigan failed to complete construction of the required perimeter walls; and
WHEREAS, City's development code provides that building permits may not be
issued or approved as completed until all requirements of the development cade have
been satisfied; and
WH�REAS, Holigan, together with a number of other affiliated entities, filed for
bankruptcy protection, and Developer has since assumed Holigan's rights, duties and
obligations with respect to the Development; and
WHEREAS, Developer acknowledges that, as � a consequence of City's
development regulations, Developer must assure timely completion of said perimeter
walls, prior to the issuance of building permits for the Development; and
WHEREAS, Developer asserts that as a condition af Holigan's sale of the
remaining ten (10) undeveloped lots of the Development (the "Unbuilt Lots"), Holigan is
obligated to complete construction of the remaining portions of the perimeter wall, and
has secured financing for its construction, as approved by the Bankruptcy Court; and
WHEREAS, Holigan and Developer have arranged for construction of these
required perimeter walls by North Texas Hardscapes, Inc. ("Contractor"), pursuant to
the designs, maps and elevations attached hereto, and incorporated herein as Exhibit A
(hereinafter, the "Walls"), has obtained necessary approvals and building permits for
construction of the Walls, and construction has commenced; and
WHEREAS, Contractor desires to initiate construction of homes on the final ten
(10) lots of the Development (the "Unbuilt Lots"), prior to completing the Walls; and
WHEREAS, notwithstanding Holigan's, contractual obligation to Developer,
commencement of construction, and funding through the Bankruptcy Court, this
arrangement provides no assurance to the City that the Walls will be completed if
Holigan defaults; and
WHEREAS, in consideration for City's agreement to allow construction to begin
on the Unbuilt Lots prior to completion of the Walls, Developer has agreed to separately
post the full cost of Wall construction in a separate escrow agreement;
Page 3 of 7
NOW THEREFORE, in consideration of the mutual covenants and obligations
herein, the parties agree as follows: �
SECTION 1. DEVELOPER PARTICIPATION
Developer and its successors and assigns, if any, guarantee timely construct the Walls
in accordance with the terms and conditions stated herein, and in accordance with the
following schedule:
A. Escrow Funding. Reference is made to the attached Exhibit A, consisting of: a
proposal, for the construction of the Walls; an application and building permit issued
to North Texas Hardscape, Inc., for construction of the Walls; and the design
approved in the permit. Prior to the issuance of any building permits for the Unbuilt
Lots, Developer will arrange for the deposit of the full amount of $166,362.65 in
escrow, with Stewart Title serving as the escrow agent and Contractor as contingent
beneficiary, under terms to be reviewed and approved in advance by the City. The
essential terms of this escrow agreement shall provide that in the event of Holigan's
failure to complete the Walls per the specified design prior to March 1, 2013, the
escrow agent shall be obligated to take all measures reasonably necessary to
assure completion of the Walls within forty-five (45) days thereafter, with the
deposited funds, until the Walls are completed in satisfaction of all development
requirements, and the building permit for the Walls is satisfactorily closed, or until
the escrow funds are exhausted. Upon such completion, the escrow agent may
remit any remaining escrow funds back to the Developer, In the event that Holigan
completes the Walls in satisfaction of the required standards, and otherwise satisfies
requirements necessary to close the building permit for the Walls, prior to March 1,
2013, Developer's escrow agent may release any remaining unexpended funds back
to Developer. The escrow agreernent shall further provide that all escrow fees and
any additional costs of construction and completion shall be separately borne by
Developer, and not from the escrow deposit.
B. Permits for Unbuilt Lots. For the limited purpose of issuing building permits on the
Unbuilt Lots, City agrees that Developer's deposit of funds as specified in Section
1.A of this Agreement shall satisfy Developer's obligation to install the Walls,
provided that the escrow agreement remains funded, and is supplemented as
necessary, in an amount sufficient to ensure timely completion of the Walls by
Contractor. Developer shall ensure that the Walls are completed per the design and
in satisfaction of all regulatory standards and requirements, no later than April 15,
2013, and that all permit close-out requirements are fully satisfied.
SECTION 2. TIME IS OF THE ESSENCE
Time is of the essence in Developer's construction of the Walls.
Page 4 of 7
SECTION 3. TERM
The term of this Agreement shall begin on the date of execution, and end upan the
compiete performance of all obligations and conditians precedent by the parties to this
Agreement.
SECTION 4. VENUE AND GOVERNING LAW
This Agreement is performable in Denton County, Texas, and venue of any
arising out of this Agreement shall be exclusively in Denton County, Texas
Agreement shall be governed and construed in accordance with the laws and
decisions of the State of Texas.
SECTION 5. NOTICES
action
. This
court
Any notice required by this Agreement shall be deemed to be properly served if
deposited in the U.S. Mail by certified letter, return receipf requested, addressed to the
recipient at the recipient's address shown below, subject to the right of either party to
designate a different address by notice given in the manner just described.
If intended for City, to:
City Manager
City Hall
215 E. McKinney
Denton, Texas 76201
SECTION 6. APPLICABLE LAWS
If intended for the Developer, to:
Bruce French, Vice President
HMH Lifestyles, L.P.
9001 Airport Freeway
North Richland Hills, TX 76180
This Agreement is made subject to the provisions of the Charter and ordinances of City,
as amended, and all applicable state and federal laws. The pa�ties stipulate that this
Agreement does not satisfy any other development obligation under law or City
ordinances; particularly, it does not satisfy any applicable impact fee requirements or
development exactions to construct required public infrastructure improvements,
including those associated with transportation, storm sewer, water, sanitary sewer, or
utilities. The parties further stipulate that with respect to the limited scope of this
agreem�nt, the funds provided are not disproportionate to the burdens of the
development. The parties stipulate that this Agreement does not constitute a permit for
development under Chapter 245 of the Texas Local Government Code.
SECTION 7. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof and this
Agreement shall be considered as if such invalid, illegal, or unenforceable provision had
never been contained in this Agreement.
Page 5 of 7
SECTION 8. COUNTERPARTS
::
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
SECTION 9. CAPTIONS
The captions to the various clauses of this Agreement are for informational purposes
anly and shall not alter the substance of the terms and conditions of this Agreement.
SECTION 10. SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement are binding upon the successors and
assigns of the parties to this Agreement, and stand as obligations running with the land
until satisfied in full, regardless of whether the Property is developed as the
Development, or as any other alternative use,
EXECUTED this day of February, 2013, by the City, signing by
and through its City Manager, and by the Developer, acting through its duly authorized
officers.
APPROVED AS TO FORM:
ANITA BURGESS __----
City Attorney_--������ �
CITY OF DENTON, TEXAS
By: George C. Campbell, City Manager
on behalf of the City, pursuant to delegated
authority
� BY:
City Attorney City Manager
HMH LIFESTYLES, L.P., a Texas
Limited Partnership, DEVELOPER
By: BNMJR, Inc., its general partner
By: �i�-----��-�-�.
Name: Bruce French
Title: Vice President
on behalf of said entities
Page 6 of 7
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of
, 2013 by George C. Campbell, being City Manager of the City of Denton,
Texas, a Texas municipality, on behalf of said municipality,
Name:
Notary Public, State of Texas
My Commission expires:
STATE OF TEXAS §
§
COUNTY OF ��ti ►— §
This instrument was acknowledged before me on the 3� � day of
��"atif�, , 2013 by Bruce French, on behalf of BNMJR, Inc., as its Vice
President, as general partner for, and on behalf of, HMH Lifestyles, L.P., a Texas
Limited Partnership ("Developer" herein).
1 �l
0
Name:
Notary Pu ic, State of Texas
My Commission expires: r° '8 � icp
�'� � A. Gabriela Voss
�, � c�„►►,� �
�a i aoe�2o i b
Page 7 of 7
NORTH TEXAS HARDSCAPE, INC.
9284 HUNTINGTON SQUAf2E, SUITE l00
NORTH RICHLAND HiLLS, TEXAS 76782
(817) 281-0700 PHONE
(8l7) 281-�772 FAX
PROP�SAL SUBM I'1'TCD
History Maker Ilomes
Attn: Bruce rrench
WORK TO BE PERFORMED AT:
Villages of Carmcl PNase III
Denton,Texas
We Herehr P�vposc Ti� F'urnis/r Tlre MaleriaL�• and Perl�nn Thc Lahor Neces.+an� For Tlie Cwnplcliun O/i
ltem
�1
>
002
003
004
p05
W6
007
OOR
nace si3onz
Sheet I of 1
Description uanti Unit Unit Cost Extension
S' Thinwall to lnclude the Following: 1,552 L.F. $RI.00 $125,712.00
11 Stacked Bond Thimvall Columns 12' O.C. Max With Brick Rowlock Cap
2) Running Bond Panels Capped With a Standing Soldier Course Bearing
on the Concrete Mow Strip
3) 6" x 12" Concrete Mow Strip With 6" Void Box
No�e: This Wa/1 Design Eliminnles !he Need,%a• the Ga/va�ire�l �I ngle /�T�n Pane! SuppaYs
8'-9" Slone / Brick Column Wilh Casl Stone Cap 39 EA, $515.00 $20,OR5.00
Remove / Haul OtiExisting 6' Wood Fence at Back of Lots 1,?89 L.F. $2.40 $3,093.60
tnstall Temporary 6' Chain Link Fence 1,2R9 L.F. $?.75 $3,544,75
Reinstall Sideyard �ence Panels to New Thinwall Fence 26 Panels $4?.00 $1,092.00
Kemove Pier / Grade Beam Spoils from Site I EA $3,480.00 $3,480.00
>Lncaliw� Lvls /- 5&!5 - 24 /Lols !- 4 B/k 7& Lols 1 S- l9 B/k 6 •
2' x 8' Cast Swne Signs
Demo & Haul Off 6R LF of Existing 8' Thinwall
009 Pot Hole Existing Utilities
4 EA $1,195.00 $4,7R0.00
I EA $2,575.00 $2.575.00
i EA $2,000.00 $?,000.00
TOTAL $166,362.35
Notes�
I) North Texas Hardscape, Inc. to Furnish Engineering Design and Permil
2) BrickAllowance -Acme King Size Prairie Land at 5299 Per I,U00 Plus Tax
Nole: Thia� Brick Hns ReplaceJ Acnrc� Suulhtire,slern, nnd is Nol an /de�tllcal Malch
3) Stone Type - Raltlesnake Limestone With Random Ashlar Pattem
4) I3rick Mortar Color - Gray
5) Stone Mortar Color - Buft'
Exclusions / Limitations:
1) North Texas Hardscape, Inc. Will Not be Held Liable for Any lncidental Damage to Imgation System or Lnndscnping
Tha1 May Occur During the Wall Construction Process
Sv OK�ner:
I) Finished Grades to be Established Along Wall Line Prior to the Commencement of Work
2) Property Line S�akeout
3) Notify Homeowners of Work Start Qate In Order to Allow Them Time to Plan 1'orAltemate Pc� Anangements ou
thc Day ot' Fence Removal
4) Remove Existing Street Paving & Establish Grades
Extres•
Exlra Cos� N?l! Be /ncurred Slrould AnJ� OjTlte Folfn�ving CircumslancesArise:
I) Special Pier Drilling Trvck Required To Drill Undemeath AbovebROUnd Power Lines That Are Less Than 3U' From
Grade, Where Rock Is Encountered. Extra Charge Will Be $172.50 Per Hole.
2) Cased Piers Reyuired Due To Abnormal Underground Waler Condi(ions - Extra Charge Will Be $345 per Hole.
3) Spreadi'ooting Required Due To Underground Utiliry ConFlict Where Rock Is Encountered - Extra Charge Wili Be $345 Each.
4) Spreadfooting Required Due To Underground Utility Conilict In Clay Soil Conditions - Extni Charge Will f3e $172.50 Each.
Excavation Spoils:
1) Excluded From Above Pricing is the Removal of' Excavation Spoils ot'Any Kind
All malerinl is �varanteed to be ns specified, The above work is lo be performed in accordance with the drewings and
specircalions submitted for the above work, and will be completed in a workmaniike manner for. S166,362.3b
Respectjrdl�� Submitted Bp:
Brett Aibritton, Prexident
North Texas Hardscape, Inc.
NOTE: THIS PROPOSAL MA3'86 1f%THDRANlV IFNOTACCEPTED WITHIN30 DAi'S
The above price, speci wations, and con mons are sahsfaclory and are hereby accepted. You are
lhe work as specified, Payment will be made as ouUined above.
�Signature: Date:
Any alteratiun ordeviu�ion Gum specifica�iuns involving txtra cost will be execwed only upon wrinen orders, anJ will become an extra ehar�e over and
abcwe �be estimu�e. All agreements are con�ingent upem strikes, aceidents, ond Jelays beyonJ uurcontrul. Owner tu�carry firc, tomado. and oiher neeessury
insurance u�n ubove work. Workers Compensation and Public Liabiliry Insurance on above wor4: will be taken nm by North Texu.i Hardscape. Inc.
"�-��.—�-'"� �,.
c:�7'Y I
�:���
��1 'i ���
BUIL]DING
lPE1�MIT
City Hall West
221 North EIm
Denton, Texas 76201
Phone (940) 349-8360
Fax (440) 349-7208 '
pERMIT NUMBER: 1208-0070 DnTE: 8/t0/2012
�onA�nRxss: LAKEVIEW BLVD
UWNER: IIOLICiAit I.ANp UGVGLUPMENT TENANT:
Ii9i0'NORTH DALLAS PKWY
DALLAS TX �3248
PHONE: 9723877999 PHONE:
i
CON'fFZACfOR: NURTH TEXAS FlARDSCAPE fNC bF,SCRII'TION OF. WORK:
9284 HUN17NGTON SQ STE it100 FENCL' B' MASONARY l�L'NCE - LAKEVIGW [iLVD
N RICHLAND HILLS "1'X 76182
N}iUNB: 8 f 72810�00
ZU`�1.`76 LOT: ALOCK' S4BDIVISIOV: LOTSI2E(SP):
Q��
USE UF SUit.DING. OC.0 TYPE: OCC I,OA1T NO UNITS: YO SIO{UES� TYPE OF CONSTR:
�
.FASE79Af.A(F1'). ItRSFTRACK(F71: l,TS1ACSL"ITiACK(F RTSiilL•SSfSACK(FT��. GAiUGE(SFi: i3UILD{VG�SF1 RE\fODL•L,7115F1:. PORCH(Sfl: OTHF.R(9F�:
0.0 0.0 0.0 O.Q 0 a 0 0 �1
VAI,UATION: $PRJNKLER RE(1'D. PLANS APPR IIY: D.�7L N'PROVED: TOTAL (SF��
s o.00 �:ci g/9r�iz �
�FEES: Fencc Permii $419:04
TOTAL FEE 5 aiv.ua TpTAL FE�S PAID S 419.0� TOTAL UUE S o.00
COM M ENTS:
l.SS2 linear•feet of an 8' tall bric4: wall.with musonry and slnne columns
Constru�Ked per the Gngineered plNns
PermiC� �pire ff'work nof eommenced within 180 days nr cerrses mare lhan !80 daYS.
THr City ojDe�rlon is ieo! responslhle io review the applicubi/ity ujplal covenants 1n �hi.�• permit, Comp/iance
wi�h p/at cavenants is the sole respansibiliry ojtl�e applrcanrlowner.
InSpeCUon KCqUeS! LlRe:
(940) 3�9-8648
1208-0070
�el: • � . . � Vi f++{�
�OF
I�E1�T��l�t
Date• �'^ O - Zo / z--
�
���e�
Misc. Permit A�plication permict� /o3OC'�— ���0
Building Inspections Division '� Payment: CC j j GK
221 N Elm Street �ate:
Denton. Texas 76201 ,
Off'ice 940-349-8360
Fax 940-349-7248
tns�ections Request Line 940-349-8648
Project Adctress:. L+¢rG��it� ���1% Suite � Sqft
Property Owner: /�.t6�r�l L�N� .�'i'+ �Uf" Phone 9 L- 3 7- 7'�/�"�
acknowledge tliat I am ihe property owner and currently live at this location.
Address City State 7ip
Contractor: ��n+� C`�-.�' �l;f+'lR�CG.AF�; .zVG, Phone �1'1 -2Pl -��'7°d
Address�l8� /�,,�;-ri�IG�AN s'� S';�' �L� City�ej�.lr��/ditt,i State �rJ X' Zip ?�o.l�` Z,--
Applicant (Print) %�i�t� �JA2r�c"�' Fax # � �7-Z�l- � 77x--
E-mail Address �jiKG nn, �J �r ��� �dr`-i _
A,pplieant Signature �J%% �-- llriver's License # _��''lo.� � �
Plumbing Contractor. (For Demolition I'crmit Only):
Address
Commercial ❑
City
tate Zip
(OTC = Over the Counter No Plan Reviewl
Residential � Single-fasnily ❑ Diiplex ❑ Multi-family ❑
Etectrieal (OTC) ❑ Additionel Eleci Meter ❑ Plumbing (OTC) ❑
*Pence � *"`Curb Cut [] ***Temporary Use ❑ Irrigation j]
Mobile home ❑
Mechanical {OTC) ❑
bemolitio�t Q
Job Description (be specific): i' �S2 L.� 8'�v2',/ S�CX,�cN��- •9ta�k- G��'I� �$�
7'wn copies o/'ilre sile nlan are re�rrired. /
*Fe�fce Heiglil: ( )1�"ro��t (' ) Sidz (�uck �3
FenceMaterial: B.�le_Js. /STr »n/c Corrrer Lof? ( t�i'es O No
*''Curb Cu1: R'idtlr ofproperty? Radicrs? Corner /nt?
Project ns:cst comply wr[h specifrcations set fortll in transportntion cri�eria manual. The concrete conlractot• must
have a�1000 sldewalk; curb and gulter hond rnade payable to the Ciry of Denlon on frle and a registration form
filled otrr pi•ior !o approval af permit.
***Tempnrnry Use: Residential - Permit H�ill expire .?D dat�s aRer issuance ofpermit.
Nnn-residential - Permit rvill expire i�t I80 days after issuarrce of permit.
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced
within 180 days after its issuance, or if the work authorized on the site by such pe.rmit is suspended or abandoned
for a period of 180 days after the time the work is commenced.
Afl �ermits require a final inspection.
All faxed oermit annlications received afier 4nm will be nrocessed the %Ilowin� business dav.
ra� 55:�c�d :�t—�o�Qo
�
l
l, Itefuse Container Sccccn. Refuac conttiners or disposal azeas shaIl be scrccaed itom view
by pla¢emeat of a. aolid wood Eettce or masonry wull a's tall as'the'refuse containecs, b'ut no
lcse than 5 feet in height. AIl tefuse matesials ehall be coataincd �vit�in the La[uee acei.
2. 3crvtce Corrldor Screen. When; adjacent to tesidentis►) wea, commerdal and indusmiAl
servicc corriilora.ei►ell.be screened Siting and design of euch seivice azen� shall reduce the
adoccse cffects ofAOise, odor wud viawt dutter upott ac3jaccnt naiclentiai vsee.
3, Mec6anieal Equipmeat Seceea. All mechanical equipment aha11 be actemnai from any
public right-of-any or adjacmt to residmtial use or zaning distciet,
4. Outdoor $torage. AII Oi�i�de 9fpYIIgC 9�AIJ CODfplf wirh the provi.+ious nf Secnoa 35, i2.7.
C. $:cepdone to Sufferiag and Sceeeaiag Requirements.
•The buff�ring aad screening rtquiremente may be weived by the Director subject to tbe �ollowing
provisionr.
1, Ptesctibtd fcace� or walls may 6e waived if a building, fwce, or wall of at least equivalent
height, opacity, and tnaintwaz►ce eaists icnmediatdy ubutti,ag and on the opposite side of the
lot line.
2, preaca'bed buffers may b� unived where the design of the site is in wnjuaction with a
mascer pla�ed d�velopment ox withia a mued uee di+nict.
35.13.9 Fsnce Requirements.
All fencts ara subjtet ro the.followiag requiremeats and must mett chc staadazds contained ia the Site
D�sign Critecia Menual.
A. Heig6�
1. In any cequited front qud, provided they do not ezceed three nnd one-h�lf (3 1/2) feet in
hught.
D. SubdivieioaPerimctct Foacce/Wa11s Standatdt.
2: Along nny right of way, excepting local stroeq and allcys
a, Walls shalt be made of anq combinarion of wcougbt iron, mneonry, stone or decocativo
concretc pwds.
b. .Dacorative stoae, in�sonry oc stucco pilaccera ue. cequired at, a miaimum of SO' on
eeatet.
c. The uae nf a cap is atrongly mcaueaged with other deaign elements to modulate the mp
of ihc wall,
3. Along thc tight-of•way of a I.ocal Stteet �
�, Walls shal] ix made of any combinatian of wiought uon, and wood. If wood is used it
shall be.conetxucted with ate�� posts and A decorerive cap with,thn good side out
b. Detorative atoae, masoruy, wood or stucco pilastcrs ate required at a minimum 50' on
Centet.
C. Construcdoa.
a. peiimece: fcnces located within SO' aE a public or private tight-of•way, excluding local s�eets
or alleys, shall be constxucted of ma�rotuy matecial.
5. The ft�ntwork Eor ncwly conarructed fona� aud waUs �iiall face tow�td the builder's
propertq, except where frncea are joindy conettucted.
6, Ftaces shall not lean'at su►, angle frorn the vertical plane aap greatcr tban five (5%} perceat.
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AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Transportation Operations
ACM: Jon Fortune `�
SUBJECT
Consider an ordinance of the City of Denton, Texas, authorizing the Mayor to execute an
interlocal cooperation agreement (the "Interlocal Agreement") between the Denton County
Transportation Authority and the City of Denton, Texas, as attached hereto and made a part
hereof as Exhibit "A", providing a license to Denton County Transportation Authority to
constnict, operate and maintain bus shelters and related bus passenger amenities in City Rights
of Way in locations more particularly described in the Interlocal Agreement; and providing for
an effective date.
BACKGROUND
The Denton County Transportation Association (DCTA) has 23 standardized shelters available
for deployment throughout the DCTA Connect System in the City of Denton. DCTA has
identified 16 initial locations on the Connect System to replace e�sting shelters with their
standardized shelter or establish a new shelter at a preferred bus stop on the system. The shelter
locations are in the City of Denton street right-of-way (ROW) and are currently under final
review by requisite City of Denton staff to ensure no substantial conflicts e�st with existing
utilities and that vehicle line of sight at nearby intersections is not impaired. DCTA staff is also
coordinating with the Texas Department of Transportation (TxDOT) at proposed shelter
locations in TxDOT ROW.
DCTA staff conducted a boarding and alighting survey to deternune which stops had the highest
ridership. DCTA took into consideration federal regulations to ensure the proposed passenger
amenities would be equally dispersed throughout the Connect System. DCTA reviewed
development feasibility for each site to avoid encroachment on private property, ensure
compliance with Americans with Disabilities Act (ADA) and to ensure connecting infrastnicture
(sidewallcs) was in place to facilitate pedestrian access. Each location will require the
installation of a shelter foundation, ADA pad and, where feasible due to site restrictions, trash
cans. DCTA will utilize existing shelter pads and foundations if existing pad site improvements
are able to facilitate replacement shelters.
The proposed interlocal agreement (ILA) will provide DCTA the authority to occupy the defined
shelter locations in the City of Denton street ROW to allow DCTA to better serve the
transportation needs of Denton residents. The ILA contains language requiring DCTA to
maintain the facilities in the ROW, and should the City of Denton need access to existing utilities
occupying the ROW, it will be DCTA's financial responsibility to remove and/or replace
DCTA's passenger amenities. The ILA also pernuts DCTA to post bus schedules and marlcet
special event service, however, the agreement does not allow third party advertising.
PRIOR ACTION/REVIEW
A prelinunary list of shelters was provided to the Mobility Committee after DCTA staff provided
a project summary to the Comnuttee at the October 9, 2012 Mobility Committee Meeting.
RECOMMENDATION
Staff recommends approval of the proposed ILA.
FINANCIAL
The agreement will require DCTA to subnut for a ROW permit and a right of way inspection fee
for each of the proposed shelters.
SCHEDULE
DCTA anticipates 90 days to complete installation upon final approval of site plans and issuance
of ROW pernuts by the City of Denton. Term of ILA is 50 years.
ATTACHMENTS
1. DCTA Connect Bus Shelter
2. Draft Ordinance
Page 2
Respectfull�T Submitted:
����.
���
Mark Nelson
Transportation Director
ATTACHN�NT 1
DCTA Bus Shelter
Lewisville Connect System Route 21
s:\legal\our documents\ordinances\13\dcta interlocal agreement-bus shelters.doc EXH�IT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT (THE "INTERLOCAL
AGREEMENT") BETWEEN THE DENTON COUNTY TRANSPORTATION AUTHORITY
AND THE CITY OF DENTON, TEXAS, AS ATTACHED HERETO AND MADE A PART
HEREOF AS EXHIBIT "A", PROVIDING A LICENSE TO DENTON COUNTY
TRANSPORTATION AUTHORITY TO CONSTRUCT, OPERATE AND MAINTAIN BUS
SHELTERS AND RELATED BUS PASSENGER AMENITIES IN CITY RIGHTS OF WAY
IN LOCATIONS MORE PARTICULARLY DESCRIBED IN THE 1NTERLOCAL
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "City") and Denton County Transportation
Authority ("DCTA") desire to enter into the Interlocal Cooperation Agreement, as attached
hereto and made a part hereof as Exhibit "A", wherein DCTA is provided a license to construct,
operate and maintain bus shelters and related bus passenger amenities in City rights of way, as
described therein; and
WHEREAS, the City Council iinds that the Interiocal Agreement is in the pubiic interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Mayor of the City of Denton is hereby authorized to execute the
Interlocal Agreement on behalf of the City with DCTA,
SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of
the City under the Interlocal Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval,
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
� i
s:\legal\our documents\ordinances\13\dcta interlocal agreement-bus shelters.doc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
��. �-�
BY: ,�'�:�`� ��'
� -
Page 2
THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
STREET RIGHT-OF-WAY USE LICENSE
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made and
entered into by and between the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal
Corporation (hereinafter "CITY") and the DENTON COLTNTY TRANSPORTATION
AUTHORITY, a coordinated county transportation authority under Chapter 460 of the Texas
Transportation Code (hereinafter "DCTA"), acting by and through, and under the authority of
their respective governing bodies; and
WHEREAS, CITY and DCTA have the authority to perform the services set forth in this
Agreement individually and mutually desire to enter into an interlocal cooperation agreement, as
provided for in Chapter 791 of the Texas Government Code, in order to maximize the benefits to
the citizens of Texas derived from public funds; and
WHEREAS, CITY is a member of DCTA; and
WHEREAS, DCTA desires to construct, maintain, and operate bus shelters and other bus
passenger amenities for use by passengers of DCTA's bus transportation system at locations
within the City of Denton; and
WHEREAS, that vast majority of passengers utilizing such bus facilities will be people
who live, work, shop, and/or attend school or entertainment and other community events within
the CITY; and
WHEREAS, the use CITY right-of-way by DCTA to provide such transportation related
services constitutes a valid governmental purpose beneficial to CITY's citizens; and
WHEREAS, the Interlocal Cooperation Act, as provided in Chapter 791 of the Texas
Government Code, authorizes CITY and DCTA to enter into this Agreement for the purpose of
achieving the governmental functions and providing the services represented by this collective,
cooperative undertaking;
NOW THEREFORE, CITY and DCTA, for and in consideration of the license of the
street right-of-way and the mutual covenants set forth in this Interlocal Cooperation Agreement
do hereby AGREE as follows:
(kbl:l/18/13:58730)
ARTICLE I
1NCORPORATION OF RECITALS
The recitals in this Agreement are incorporated into this Agreement and are found and
determined to be true and correct.
ARTICLE II
SCOPE OF AGREEMENT
A. CITY, subject to the provisions of this Agreement, hereby grants a license to DCTA to
use CITY's public street right-of-way at various locations described and illustrated in
ATTACHMENT "1," attached hereto and made a part hereof for all purposes ("STREET
LICENSE AREAS") to construct, operate, maintain, repair, replace, and/or remove bus
shelters and related bus passenger amenities ("PROJECT IMPROVEMENTS") to be
used by passengers of DCTA's bus transportation system within the City of Denton
("PROJECT"). No other rights to use the STREET LICENSE AREAS, or any other
property or interest of CITY is authorized by this Agreement.
B. DCTA shall furnish at its own cost and expense, all labor, services, and materials
necessary for the installation, operation, maintenance, repair, and replacement of the
PROJECT IMPROVEMENTS. DCTA stipulates that the granting of any license
hereunder shall not be construed to (i) convey to DCTA any right or interest in real
property, or (ii) provide the right to use or occupy property in which a third party may
have an interest. DCTA agrees that it shall be DCTA's responsibility to obtain any
necessary permission to occupy property owned or controlled by third parties.
C. DCTA shall provide the plans and specifications of the PROJECT IMPROVEMENTS,
including the specific location thereof, to CITY's Development Review Coordinator.
CITY shall have the right to evaluate and approve the specific locations of the PROJECT
IMPROVEMENTS within the STREET LICENSE AREAS, such evaluation to be
conducted in a reasonable manner and approval to not be unreasonably withheld, delayed,
or conditioned. Within a reasonable time following completion of the PROJECT
IMPROVEMENTS, DCTA shall provide CITY an "as-built" set of plans of the
PROJECT IMPROVEMENTS.
D. DCTA shall promptly provide CITY with any drawings or other written document, as
CITY may request, to proceed with the work as provided for in this Agreement. All such
drawings and written documents shall be consistent with this Agreement.
E. DCTA understands, acknowledges and agrees that the presence of the PROJECT
IMPROVEMENTS is subordinate to CITY's interests in the street right-of-way and any
easements, if applicable, constituting the STREET LICENSE AREAS. CITY reserves
the right to use the STREET LICENSE AREAS for any public purpose allowed by law
and to do and permit to be done, any work in connection therewith which may be deemed
necessary or proper by CITY, in, on, across, along, under or over the STREET LICENSE
AREAS; and whenever by reason of said work in connection with said other purposes it
shall be necessary by CITY for the PROJECT IMPROVEMENTS or any other DCTA
Page 2
property to be altered, changed, adapted, conformed or relocated in or from any part of
the STREET LICENSE AREAS, such alterations, changes, or relocations shall be made
by DCTA within a reasonable time after receipt of a written request from CITY pursuant
to directions from the City Manager without any claim for reimbursement for the costs of
the relocation or for damages against CITY. Notwithstanding anything to the contrary
herein, DCTA shall at all times be entitled to receive from the appropriate governmental
bodies, but specifically excluding CITY, payment for alteration or relocation of its
property to which DCTA may be lawfully entitled under applicable federal, state or local
laws with respect to relocation payments.
F. Prior to contractor mobilization for the PROJECT, or any construction activities or any
subsequent maintenance activities within the STREET LICENSE AREAS, DCTA shall
obtain a Right-of-Way inspection permit from CITY's Utilities Engineering Department
for each instance. The role of CITY's Utilities Engineering Department shall be to ensure
that DCTA and/or its contractor(s) maintain proper traffic control devices and are
conforming to best practices in their general construction operations within the public
domain. A City Right-of-Way Inspection Permit has a fee component. DCTA shall
deposit the estimated inspection fee fund amount with the CITY at the time of Right-of-
Way Inspection Permit application. The CITY Right-of-Way Inspection Fees shall be
drawn out of these posted funds on a periodic basis, throughout the duration of the
PROJECT. Upon substantial completion of the PROJECT and departure of the
PROJECT contractor(s) from the STREET LICENSE AREAS, the balance of the
remaining posted Inspection Fee funds shall be refunded to DCTA. Any shortfalls in the
Inspection Fee fund account shall be promptly tendered by DCTA to CITY, upon written
notification of that event. It is expressly stipulated by DCTA that (i) DCTA shall provide
their own construction inspection as it relates to construction conformance to their plans
and specifications for the PROJECT; and (ii) that DCTA is solely responsible for all
activities related to the PROJECT, subject to the terms hereof.
G. DCTA shall maintain the PROJECT IMPROVEMENTS in a good condition during this
Agreement, as determined by CITY, in its reasonable discretion.
H. DCTA's specific branding elements and posted operational materials, which may include
materials promoting or advising the public of modified or special bus and/or train
schedules in association with events conducted by third parties, may be placed upon the
PROJECT IMPROVEMENTS without the express written consent of CITY.
ARTICLE III
TERM OF AGREEMENT
This Agreement, unless terminated sooner pursuant to the terms hereof, shall expire fifty
(50) years after the EFFECTIVE DATE.
ARTICLE IV
TERMINATION OF AGREEMENT
A. Either party may voluntarily terminate this Agreement at any time upon giving to the
Page 3
other party one (1) year written notice of such intention to terminate.
B. Either party may terminate this Agreement in the event of the other party's material
breach or default in the performance of this Agreement and such party's failure to cure
said default, as provided herein. The party seeking to terminate this Agreement under this
provision shall provide the defaulting party written notice, specifically identifying the
breach or default complained of, which notice shall provide the defaulting party a period
of not less than thirty (30) days in which to cure such breach or default. In the event such
breach or default is not fully cured within the time period specified, then the party seeking
to terminate this Agreement shall provide the defaulting party with further written notice
expressly specifying that this Agreement will be terminated if the breach or default is not
wholly cured within ten (10) days after the receipt of the written notice by the alleged
defaulting party. In the event that the defaulting party fails to cure the breach or default
complained of, within the time specified, then this Agreement shall be terminated, and the
party terminating this Agreement may seelc appropriate legal relief.
C. At the time of any termination event of this Agreement, DCTA shall remove all of its
facilities and the PROJECT IMPROVEMENTS from the STREET LICENSE AREAS,
unless otherwise mutually agreed to in writing. If CITY, by DCTA default, removes the
PROJECT IMPROVEMENTS from the STREET LICENSE AREAS, DCTA shall pay
CITY all costs for such removal and or any related restoration, including, without
limitation, all costs related to time expended by CITY employees, if applicable.
ARTICLE V
PARTY RESPONSIBILITY
A. Without waiving any governmental immunity available to the parties under Texas and
other applicable laws, and without waiving any available defenses under Texas and other
applicable laws, the parties hereto acknowledge that no party is an agent, servant, or
employee of the other party, and each party agrees it is responsible for its own individual
negligent acts or omissions or other tortious conduct as well as such acts and deeds of its
contractors, agents, representatives, and employees during performance of this Agreement
to the extent such liability can be imputed to said party under applicable law. Nothing in
this Agreement shall be construed as creating or granting any rights, contractual or
otherwise, in or to any third persons or entities.
B. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ARTICLE V.A.,
ABOVE, PRIOR TO DCTA'S CONTRACTOR(S) ENTERING INTO ALL OR
ANY PART OF THE STREET LICENSE AREAS TO PERFORM WORK ON
BEHALF OF DCTA, DCTA SHALL REQUIRE ITS CONTRACTOR OR OTHER
THIRD PARTY WHO ENTERS AND/OR PERFORMS WORK IN THE STREET
LICENSE AREAS TO AGREE AT ALL TIMES TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS CITY AGAINST AND FROM:
(1) ANY AND ALL LOSS, COST, DAMAGE, OR EXPENSE, INCLUDING
REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR FROM ANY
ACCIDENT OR OTHER OCCURRENCE CAUSING PERSONAL
Page 4
INJURY, DEATH OR PROPERTY DAMAGE RESULTING FROM OR
RELATED TO USE OF THE STREET LICENSE AREAS SY THE
CONTRACTOR, ITS AGENTS, EMPLOYEES, PARTNERS,
SHAREHOLDERS, AGENTS, SUBCONTRACTORS, INVITEES, OR
GUESTS, WHETHER OCCASIONED BY THE INTENTIONAL OR
NEGLIGENT ACTS OR OMISSIONS OF THE CONTRACTOR, ITS
EMPLOYEES, OFFICERS, PARTNERS, SHAREHOLDERS, AGENTS,
SUBCONTRACTORS, INVITEES, OR GUESTS, EXCEPT WHEN
CAUSED BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE
OF CITY, ITS OFFICERS, EMPLOYEES AND/OR AGENTS, AND ONLY
THEN TO THE EXTENT OF THE PROPORTION OF ANY FAULT
DETERMINED AGAINST CITY FOR ITS WILLFUL MISCONDUCT OR
GROSS NEGLIGENCE; AND
(2) ANY PENALTY, OR ANY DAMAGE, OR CHARGE, IMPOSED FOR ANY
VIOLATION OF ANY LAW, ORDINANCE, RULE OR REGULATION
ARISING OUT OF THE USE OF ALL OR ANY PART OF THE STREET
LICENSE AREAS BY THE CONTRACTOR, ITS AGENTS,
EMPLOYEES, PARTNERS, SHAREHOLDERS, AGENTS,
SUBCONTRACTORS, INVITEES, OR GUESTS, WHETHER OR NOT
OCCASIONED BY THE INTENTIONAL OR NEGLIGENT ACTS OR
OMISSIONS OF CITY OR ITS EMPLOYEES, OFFICERS, PARTNERS,
SHAREHOLDERS, AGENTS, CONTRACTORS, INVITEES, OR GUESTS.
C. CITY and DCTA are each a"governmental unit" as that term is defined in Tex. Civ. Prac.
& Rem. Code § 101.001 and do not by agreement to and acceptance of this Agreement
waive their respective rights to claim immunity to liability or suit or to invoke the limits
of liability set forth in Chapter 101 of the Texas Civil Practices & Remedies Code, as
amended, to the extent sovereign immunity has been waived by said statutes. DCTA and
CITY further acknowledge and agree that nothing in this Agreement is intended to be for
the benefit of any third parties except to the extent expressly provided in this Agreement.
D. The provisions of this Article V shall survive the termination of this Agreement
regardless of the means of termination.
ARTICLE VI
1NSURANCE
DCTA shall provide or cause to be provided the insurance described below upon
execution of this Agreement.
A. Commercial General Liabilitv Insurance. This coverage shall include
premises/operations, products/completed operations, blanket contractual liability, broad
form property damage, independent contractors and personal injury and where the
exposure exists, explosion, collapse and underground property damage. This coverage
should be a minimum Combined Single Limit of $1,000,000 per occurrence for Bodily
Injury and Property Damage.
Page 5
B. Automobile Liabilitv Insurance.
(1) Minimum Combined Single Limit of $500,000 per occurrence for Bodily Injury
and Property Damage; and
(2) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of
the liability section in Item 2 of the declarations page which includes coverage for
hired, leased and non-owned vehicles.
C. Workers' Comnensation Insurance. In addition to the minimum statutory
requirements:
(1) Employer's Liability limits of at least $100,000 for each accident, $100,000 for
each employee, and a$500,000 policy limit for occupational disease;
(2) The insurer agrees to waive rights of subrogation against CITY, its officials,
agents, employees, and volunteers for any work performed for CITY by DCTA;
and
(3) DCTA shall comply with the provisions of Section 406.096 of the Texas Labor
Code and 28 TAC § 110.110 of the Texas Worker's Compensation Commission to
the extent such statute and regulation apply to DCTA.
D. Excess Liabilitv Insurance. Excess Liability Insurance shall be provided with limits of
not less than Five Million ($5,000,000.00) annual aggregate.
E. General Provisions.
(1) All policies shall be endorsed to read substantially as follows: "THIS POLICY
WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT 30 DAYS
ADVANCED WRITTEN NOTICE TO THE CITY EXCEPT WHEN THIS
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMNM, 1N
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
(2) Commercial General Liability and Automobile Liability insurance shall be written
by companies with "A-" or better rating in accordance with the current AM Best
Key Rating Guide.
(3) Commercial General Liability, Automobile Liability, and Excess Liability
insurance policies shall name as "Additional Insured" the CITY and its officials,
agents, employees, and volunteers.
(4) Certificates of insurance must reflect all coverages and endorsements required by
this section.
Page 6
(5) Coverage shall be placed with insurance carriers licensed to do business in the
State of Texas or with non-admitted carriers that have a financial rating
comparable to carriers licensed to do business in Texas approved by CITY.
ARTICLE VII
BONDS
DCTA, to the extent required by law, including without limitation, Section 2253.021 of
the Texas Government Code ("APPLICABLE BOND LAW"), shall require all contractors to
execute to DCTA performance bonds and/or payment bonds, in the form and in the amount as
required by the APPLICABLE BOND LAW. DCTA shall provide a copy of all bonds with
CITY's Utilities Engineering Department.
ARTICLE VIII
ASSIGNABILITY
DCTA shall not assign any interest in this Agreement and shall not transfer any interest in
this Agreement (whether by assignment, novation or otherwise) without the prior written consent
of CITY, which consent shall not be unreasonably withheld. CITY shall not assign any interest in
this Agreement and shall not transfer any interest in this Agreement (whether by assignment,
novation or otherwise) without the prior written consent of DCTA, which consent shall not be
unreasonably withheld.
ARTICLE IX
NOTICE
Any notice given by one party to the other in connection with this Agreement shall be in
writing and shall provided by personal delivery, sent by registered mail or certified mail, return
receipt requested, postage prepaid, or by facsimile transmission actually received, to:
CITY:
City Manager
City of Denton
215 E. McKinney
Denton, TX 76201
Fax: (940) 349-8596
With copies to:
Paul Williamson
901-A Texas St., 2"d Floor
Denton, TX 76209
DCTA:
President
Denton County Transportation Authority
1660 South Stemmons, Suite 250
Lewisville, Texas 75067
Fax: (972) 221-4601
Nichols, Jackson, Dillard, Hager & Smith
Attn: Peter G. Smith
500 N. Akard, Suite 1800
Dallas, TX 75201
Notices shall be deemed to have been provided and received on the earlier to occur of (i) the date
placed in the United States Mail, as prescribed above; (ii) the date provided by facsimile
transmission; or (iii) the date personally delivered.
Page 7
ARTICLE X
MODIFICATION
No waiver, modification, cancellation or alteration of this Agreement or of any covenant,
condition, or limitation herein contained shall be valid unless in writing and duly authorized and
executed by the party to be charged therewith. No evidence of any waiver, modification,
cancellation or alteration shall be offered or received in evidence in any proceeding arising
between the parties hereto out of or affecting this Agreement, or the rights or obligations of the
parties hereunder, unless such waiver, modification, cancellation or alteration is in writing, duly
authorized and executed.
ARTICLE XI
SAVINGS
In the event that any one or more of the provisions hereof concerning the subject matter
of this Agreement should be held by a court or administrative agency of competent jurisdiction to
be illegal, invalid or unenforceable in any respect, the parties agree to make a good faith effort to
renegotiate another agreed provision to fulfill the purpose and intent of the present Agreement.
ARTICLE XII
GOVERNING LAW AND VENUE
This Agreement shall be construed under and governed by, and in accordance with the
laws of the State of Texas, and all obligations of the parties hereto created by this Agreement are
performable in Denton County, Texas. VENUE OF ANY SUIT OR CAUSE OF ACTION
UNDER OR RELATED TO THIS AGREEMENT SHALL LIE EXCLUSIVELY 1N STATE
COURTS OF COMPETENT JURISDICTION LOCATED 1N DENTON COUNTY, TEXAS.
ARTICLE XIII
ENTIRE AGREEMENT
This Agreement, including the exhibits attached hereto, constitutes the entire agreement
among the parties hereto with respect to the subject matter hereof, and supersedes any prior
understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement.
ARTICLE XIV
WAIVER OF TERMS AND CONDITIONS
The failure of either party to enforce or insist upon compliance with any of the terms or
conditions of this Agreement shall not constitute a general waiver or relinquishment of any such
terms or conditions, but the same shall be and remain at all times in full force and effect.
Page 8
ARTICLE XV
BINDING AUTHORITY
This Agreement is entered into by the duly authorized officials of each respective
governmental entity.
ARTICLE XVI
CURRENT REVENUES
Each party paying for the performance of governmental functions or services hereunder
must make those payments from current revenues available to the paying party. Any
compensation provided for herein fairly compensates the performing party for the services or
functions performed hereunder.
ARTICLE XVII
CAPTIONS
The captions contained in this Agreement are for informational purposes only and shall
not in any way affect the substantive terms or conditions of this Agreement.
(Signatures on Following Page)
Page 9
IN WITNESS WHEREOF, the governing body of the City of Denton, Texas has caused
this Interlocal Cooperation Agreement to be executed on this the day of
, 2013; and the governing body of the Denton County Transportation
Authority has caused this Interlocal Cooperation Agreement to be executed on this the �. ay
of ��� es�,,��.f , 2013, but this Agreement shall be effective for all purposes from and as of
the latest date o the execution hereof the parties hereto (the "EFFECTIVE DATE").
"CITY"
CITY OF DENTON, TEXAS
A Texas Hoine Rule Municipal Corporation
:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
��., ,�'�
By: '�� ._w,���`
���,�
"DCTA"
MARK A. BURROUGHS, MAYOR
DENTON COUNTY TRANSPORTATION AUTHORITY
:•
NAME: ��.�e t� t� � � � �.
TITLE: ��� ���°��
Page 10
Attachment "1"
DCTA BUS SHELTER LOCATIONS
GPS
Sfireet Location Location
No Latifiiude &
1 EB Hercules @ 5tuart 33,25401957 -97.1224379
2 Removed
3 SB Colorado @ San Jacinto 33,193979 -97,106397
4 SB Colorado @ Golden Triangle Mall 33,192623 -97,10541
5 WB McKinney @ Campbell 33,21591821 -97.11280391
6 WB Oal< @ I-35 33,215564 -97,166134
7 WB University @ Elm 33,23100647 -97,13286113
8 WB W(ndsor @ Olympfa 33,24437628 -97.12511625
9 Brinl<er Road @ 288 33,19281173 -97.09586131
1�0 NB Cardinal Drive @ Oriole l.ane 33�21773708 -97.09200338
11 EB Charlotte @ Ave G 33,21274029 -97.15832384
12 SB Elm St @ College 33,22778405 -97.�.3357233
13 Meadow @north of I-35 33,196951 -97,1331�14
14 WB Mingo Road @ Village East 33,1978a8 -97,133369
15 EB Scripture @ Bonnie Brae 33.21895136 -97.16209788
16 56 Teasley @ I-35 33,19626289 -97.12407757
17 WB Wllson @ Ruddell 33,208109 -97,117597
11-Dec-12
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'G t!''ic � �n �: :c'yfC <' G.." �) ) i �,.:{�l�a
� t�' � O<: ,YiG �4�`,c � ;5 � o:�CiC ( t C � .00 C ( �
4 �
�r'�Y'��� `fC` enc� F� i X,� I�i;f (( ift (�<; ,�p�0�0�9�d'� '
�it,y-�- -_'.t��r�" � �ti(cC(`�CC�4)0,,��JOU�tT ,.._�-�,
�' jta..���.;iry:�.,i.T� rI �..t`__.. _ , .
;�l'� � � f 4�.�,�"�o^�.d , I - II �/�,
.�s:,..`,,-...,��',,�--,,-`-� t�,�� ,_- - :"�--.=—
�Ty� .....>-.. .�..,,.. �� u..�,�.-.,
TRASH CAN DETAILS
NOTE:
� xEweussHEtme —� — vAOVEmrurlE
� oaswcaEO=mwww,uc
� �� ...�..... - _
1�f14021d IVNOl1V�l1a3 �1S3401C1b' Nb' J.fl Q3�Ra021d
6" 3�00 psi Conaete
1'f/2" Ma�dmum Aggregate 5¢e
4" M�dmum Slomp
Reirtfarcing Steel
,�4 Bars-6mde 60
12' c-c Each Way
�4 Smooth Dowels w/ Green Cap Along
Curb Connectiorrl2" cc
$4 Bars Along Other Convetrto-Conaete
Connectio�-12" c-c
: ,; : _: ;. , .
r a s, s s-� •--• -i _�
. '_ , . a J -
COMPAC[E650.ECT FiLL � �— CpNCqE7E
TYPICAL BUS SHELTER SLAB (SECTION VIEW�
SCALE:1"�'
DCTA PROPSED BUS
STOP SHELTER
LOCATIONS
ARCHITECTURAL SITE PLANS
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PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT
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•. •- •• � � ��/t�.� ' E%ISfPIGPAVEMENT ��
. ., ., .. , " , � `v��` � �
., v v.. Y ROW LPJE. . y,``.F ����!�C . _ TRaSH CFN �Oi'
, . , . _ . _ ��,'vy"�"�^ �` _ :
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MAPNO7ES '�., ��.�,.�.'\; -�., dEwcavc�E7E 1 ��r°�
7_ Thisisatypical'CypeA'busstop _ ��Y,�_:.'�. �
sheltertara6an.inwhirhthereano . , -"�'`�-'����:> _':' a"
eastingFadste.6u[ihereBan ` - ' .�';,��; .,;
mtistin sidewalkthataossesthrcu h � ., 4 '.�.:'-. �i�` .
9 9 ,�.� %\� ��_�`'.
D�D�ed laatioa af bus sfcp and Pad ., .. � . %' � . ' .
2 The conhactor's responsi6letor , � .'' • �'�.'' �"-: `
Pa 9� P 9 9� , .. . ,. :- �f ,;.�.�'���-=.� •
re irin m ladn dazna wr6. • n �'. ���T .
pavemenCiandscape.orarryol�er " . - � '�.�. i�';�.; ��,.
(aa'plYresWtiiqGornmr�sWra�n . .� �...-,- ` \�.�,� .
opereEau. ,. ,,, '
3. If tl�ere Is an edstin4 bus shelterlrt tlie . 1��!� �%�.�
.�'� `'e`'. ��!>
proz'vnilyofNenewcanshudion.dmT " . �',.ti.yi�%,.
6eremwedprfortothesmM1Ot '� • '.�;�, .'��i
mca¢umon. . . � �'�� `� u
. �,.
4. TYP�mlpadsl@d(mmiiocscznON _. ., �.`'„ � . y
w� ADAbes[ p�aCic�t
5. SDependmgonsparaavalahSAy. ` " ' � "
ead'b"SShe�te""a�'°'"°y"°��°ve � ' PROPOSmBUSSTOPSHELTERANDPAD(SITEPLANI
atasnca.2 „ „ . . _ . _
u ` . LL . � SCALE:1'�8'
_�c�_w,
�--. ._..,.�... �:--��
�J � a.
��( � 1 �!"l
�`',h`�a'�C� � n. J_ 1i%2,.�1, _.n. �� �C�'!T("f Jc o�- a,
h
��{FC4ti'� a� 1 E�' .....�._ I�7tCf�,�C�(<` 0,��4^6�r
��n �'� < S�ni� � i1.:�� � Ct<C�Cd C��SK�1�,.�
�•�4rt��� � n � �_ �t.'�' dt1(j(4(�C;F 1o�vC��f3'�,h
�Y�S �c�.� ! �r�^,a �fl�('(((��5����1�i�w�a
�}'��FC ft c: in 4`� '��+- fC<�t �C�(�S >Q� �G.Q 4�(��9
���E�`f.Ct� �n� 4,J��'}� � �i'C(.tCCff'GQ(��5µ� .�.._.
t��f�. nn v ,.`� i yiC(,C<s�<�( .0?0�}�(0}f.�',
,� i^�/c �i Ti�• , �1—,—� — � i
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TRASH CAN DEfA1LS
NOTE
� �weuss�Ta —ai — rw�wrcur�
� o�srwcvEOFSru�rcwux
� �E —..�..�.w. -_:�`y,�:;,,,J-
1�(1Q02Id it/NO[tb�Ra3 �IS3QOl(lb' N`d JlS a3�fifl021d
5 3000 psi Canaete
Tt2" Maximum Aggregate 5¢e
4' M�mum Slump
Reinforcing Steel
#4 Bars-Grade 60
12" o-c Each Way
#4 Smoot� Dowels w( Green Cap Along
Curb Connectioo-1T o-c
�4 Bars Along Ofher Conc2t�to-Concret�
ConnecGons-12" cc
" � .
r a.�,s a � • •-�.�
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COM: ACim SFIEGT FILL —� � GONGRE[E
TYPICAL BUS SHELTER SLAB (SECTION VIEW)
SCALE 1"�'
DCTA PROPSED BUS
STOP SHELTER
LOCAT[ONS
ARCHITECTURAL SITE PLANS
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PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT
( ��
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MAPNOTES � �>t.�,• � . `C C�<f:\^ . ., : C�h:C.�`i: iC w' \
-�.:�.C�.��:.- ��%�/�'^�.� . n :� " �C�.V\/V
t. 'fMs k a typtcal7ype D' husslop . � . .. „ . � � W ..��� .
shetlerlocatlon.iawtochthereis;ro „ . . „ ,,� � ,� •'a.�, ,
e�6ngpadsite,hutmeresan � � NEivcav� �^'��i�.; y
esisGngsidawalkihatisextendedabng �` • , _ •• �` i �
iheproposedlocaEartofbusstopar�d � ., � ` •� ' • '" %�, -` ••
pad. . .. . . � � .. . � �
2 Thecvntradorisresporo�fefor „ ,�
rePaiM9(repladngdamagedauh, . . •- •ry �- "\'�C��,:
� .,;_ ✓
pavement landsrape, orairy otl�er ` • ` � i �� ". . .
�:. �tij\J�i�i� � •,
faa'Gty cgW� from constructlon • • • -•i - �'\,- � \ ��' "
opera6wn. � ° ,N.-. n .���.��'�- •
3. IFihere B an e<isting busshei�er io the
proomity of Me new c�nshucGm� itwif !
TM_1PiOT1EfARNER �
beremovedpriorto�es�rtof .,.
mnstructio2 � g�� gS�
�. il1l�.S.�s,dfl�:l'd�� �� aw_P.v.��.,��,�,,�w.�
<- TYPicalP�stedmensia`¢mmp(y �v'--R�---,�
wim non hest practices.
5. ''aDePendm9 on s�aace ava7abSrty.
each 6us sheltermayormay nothave PROPOSED SUS STOP SHELTER AND PAD (S[TE PCANi
a uash can.
SCALE 1"�'
ooa.��
- j -�
' �`F�`�– - _,_s..�>-., "f - -5=;
'�- =�``
F- __..._. -_�; ;
`" �,i . �.� ( C�C�(�66.��'f'"c,�t �'r-
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':� d'(?,i(,?`<'(;<{�f j�p>i��{G4:d','•�.
}f1i�f:G6C<<�C 3:G�0'0�6�f�ri' �
I't�G@`.C�t;C�<;( �0�^4 J'9,�? �'' .< - , ...
`� ;�:4
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NOTE:
� �veus�r�x — cs — caw�mrser�wm
� FSiSfWGDEOES.xw1W/:K _R — PPISSStR�➢WAl83NNM
0 � _-u_�„--
� �,°' ..
1�f14021d IVNOLL`d�f143 }[S3QOlflt! Ntl.lB Q3�I1402id
6" 3000 psi Canaete
11/Z" M�dmum Aggregate S¢e
4" Ma�omum Slump
Reinfarcing Steel
�4 Bars-Grade 6�
t2" c-c Each VJay
�4 Smooth �owels w/ Greert Cap Along
Curb Conrtectiorrl2"c-c
,'�4 Bzrs Along Other Canaete-to-Conaete
Connections.t2'cc
, .. ; -
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.. .. � ', .. .. . .� � . _.
COMPAC�EO SELECi FILL � � CANCRETE
TYP[CAL BlIS SHELTER SLAB (SECTiON VIEW�
SCALE 1"=E
"'"°""` DCTA PROPSED BUS
STOP SHELTER
LOCATIONS
ARCHffECTURAL SITE PLANS
PRODUCED BY AN AUTODESK EDUCAT[ONAL PRODUCT
�W _ . . ., y..V.� . . . V., v., .. . . ., r., .. .
. q .. ` .t W .�. W . L � W .. ` . ` .. W . ' � V � v a ` � ` .y ' � V „ W � ` � �
I
`•� � `.W. v v. v.W.. ` R.O.W 1LN6—. W v W.v. v• 4 i `' `_ v.v. v v .Li � . v.V.
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MAP NOTES
t. ThtsisatypiwlTypeD'Lusstops4eJter 3 Hlhereisane�Gng6usshalterirtNe
lacation,inwhiditherearroexisfingpadste, prmmnityofthenexmnshuAion,itvnllbe
hutthercisaneps6ngsidexapcthatis remwedpriwtothes�tofwn.4uqon.
eztendedyan9lheproposedlaationofhus 4. Typidpadstedimwisionsmmplyw�7hAQA
srop and pad bes[ p2ctices.
2 She mn4acmris respor�s'6lefor 5. �ependitg a� space avallablhy. eadi bus
cePairin9�reP�dngdamagedcurb.7avemenC shdtermayormayrrothaveaVa:hhmct
tra
6r�dscape.orarryotherfadlityrewltingGom � .
mfrswdim�operations. �
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\
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PROPQSED 6U5 STOP SHEL7ERAND PAD (StTE PLAN)
SCALE:1'=8'
; _�� 4��.i% _—.-•.c .._ .,.�_ 4 ` --7��
/ � - `I•
.� r .� ��—�� fF
t8j:�r �� � � � �� ' ���� �.. .,., i �(�a+iTG�fC�f"�C��O�O�t`C6
\ ) [(
�+° �� M` \ Ce a 1'u� ..,.. . �Cf (`<CC�C�Q 90�O�C�O�f�
�@� ��_ i ni �� t+3q"r� �(<C<��G4 �P���G(��5�'�
�i`,Ko-�C>rr ... �� � ��1 T�i�• - t�tlCCC� �06�<�(3�°P.'�"
k �`. : �(�t". {f �� J)4'�'H
Gr��4 <t `� t , �, �`. '�f li� <�C�<�� 70?O�CGt�vC{ti,
+k{•�,1tC`f � �:��� �>>�'�(% � �?tGt;<<�<�c�( Go�CCA„�'�
[�.4�� c c: a��� y>�i'�� ���CCC C�C�<�C >6�G�C G'A��
�`ey'G�o'� �5"`.�r—`�'r' i �Ct�(C�C�C�C�t 0600�.,�'.�
I���:�:-;'�.`-,;«;.}�,�.v„� i —�_ _--T---=---�
;,,? ^,�a__� "i'j. r::�..__ �. � . : � i %i' r
��'.1JC�� +L_ ____.'�.... _""' �
%'�_-�J J ,.. ., rr ._ " _
�_� .•F � .� � .,� �. 7RASH CAN
NOTE:
� xexeussn�im — R — va�anur�
� FASTINGY[OE4RCN1WMIC -v�+- V11ESSll�OWATHiMAtl3
0: W� �-- :r..,.
� �
l�t1Q023d �HNOLLb'�f143 >IS3001f1t/ NV Jl8 a3�ftO0lld
5 3000 psi Conaete
t112" Maaimum Aggregate Size
4" Mabmum Slump
Reinforcing Steel
�;4 Bars-Grade 60
12" cc Each Way
�4 Smocth Dowels w/ Green Cap Along
Curb Connection-12" cc
�4 Bars Nong Other Conaeteto-Concrete
Connectians-12' c�
� -.�� %- J
i �� � _• � '1.
r-a • s •.� •,-• i ��
_.._ '. , .'�.
COlAPACTE� SE1EC7 F01 � � CONCREiE
TYPICAL BUS SHELTER SLAB (SECTlON VIEW)
SCHLE 1"=6'
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STOP SHELTER
LOCA7lONS
ARCH[TECTURAL SITE PLANS
PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT
� . ., .� �
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, , _ . � y � . . .- . rto.w.cc� . . . . , � .� W �
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.. ' � . . v A_�•`- . . '%� ' i ' . ` .. ` � W v . L I � . y .. W .. ' � ' � + x ` .i.�
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—tossTOTHECOrwEa—.-i Tw3ltcnN
MPFNOTES
7. This is a typiwl Type D' busstop shelter 3. If Mere is an existirig 6us st�d�r in the
loalion.inwhichthereis�roeasti�pzds�, probmityofthene�vconstruction,8vn9be
butmeceaan�islingsdevlalklha[is removedpriort�thestar[ofconswcdon.
ex�endedalonglbepmposedlopGonafbis 4. Typia[padsiledmerRionsc�mph(wi�ADA
stap a� pa3 bestptactices
2 ThemMra�tarisrespons�tefor 5. Oependingrnspaceavatlab0lty,ea�bus
repaiririglrepladn9dama9�curE.pavement shelturtrayormaynothaveahah�.
fandscape, orarry ufiertaoLry resulfing fiom
mnstruction operatims.
�,�t'. �Na`�IE�S��' ��i.
PROPOSED BUS STOP SHELTERAND PAD (SITE PLAN)
SCALE 1 �8'
'�Y_.'_'.._' ' .
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i
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v
C� �i� ��� �l;al� ..« `�'CC,�(C�'iJ�G«TriGg,
� rnn . t��,.i ��1 << t ti �
Fc� �A ��)�Y�Ja ... E�P�rf(C��i� O�DUCGn°"d
��` � 7 . � "�' �i(�(<: .�`������i
c�-.nr^nra � t C� >) ..�
tC nn )� s�' � TC((C� �CO�
C`��� �:.na� i) x� �� p�u C�(�f O��Oi��C �@
iCv'���� �?�.;�At!'� � �1'Mfi't--���� C!�'�,Q�G r...�
"�tv"yS`'oG�j ��:�.i:�i:3� srC;f:C�C'�� iO�CC'CiJ� . _.....
��, L;�^ `(.�.�` ��,`',�}tV � r., � ; ( C C� �� ) )1. `
,;(i'iCC G�t;�{;=.:z'a
^�,��,�,z--Z �� I w:..,3�«� >-�: . �'� .'
ct;',^`-!`.,�^';'t'�sc,ri'•t,.-;. �t---- —
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:�;�;�;-<�!:' �-' ---..i_:_
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nuic
� xEwsuss�,ei — � — vaaavmuwe
� E%ISIWGGEDFSRUMIVlG4(
� �� -�...�.�,. _,:•
� �'°'
l�f14023d �ZJNOIt'v'�f143 7[S3Q01(lb� N\i.lE a3�flQO2Jd
6' 3000 psi Conc2�
1'[/2" Ma�dmumAggregateS¢e
4' M�imum Slump
Reinforcing Steel
�4 Bars-Gade 60
12" c-c Each Way
�4 Smooth Dowels w/ Gceen Cap Alcng
Curb Connectiao-i2" c-c
,�4 Ba5 Along Other Concrete to-Conaete
Connectionst2' cc
- . . � . : - ' -.
. . � <=
^ -. , s.'
r w�. s a 7••.i �
_ _ . ,. � .
COMPACLED SELECC E[LL
CONCRETE
DCTA PROPSED BUS
STOP SHELTER
�oca.noNs
ARCHITECTURAL SI'F'E PLANS
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PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT
PY + ` .�. . V V W V ` u .�, . y . W . R.o.W.t➢aE. ' ' J , v „ v „ � ,,, .✓�
. . � .. .� . . �,,. „ � . � . .. �i�r-
W �•
., v., . . ., v., v., W� . ., , ,, y„ W„v
DCISfING GRA55 y .. ` .. .. r ' .. ` . ` _ — _ � m � y r Y .. v w
AnD SHRUBS � "• �• • � • _ - - � '
FEATNQiS�EWNXIHN - v — _ _ - - `f r '"'"j•• �.�a" �j _
PAVEdIBIfRi(:OMP[IANCE - - _ _ "'S•--�•.+•-�'.'�"-•'• .
WRHPA48cTLPFACi1CF5 `' . . .. . \
t. lttisisatypid'iypeCbussbp 3. IfthereisartedstingbusshetWinthe
sUeltulowtion.inwhirhfherek prmumiryofU�enewm(sUuctioqtwili
neitherane�ifngpadsdenora beremwedpriortothesmrtof
sidewalk prlstructioa
2 The co�OaGwis resporetfe hr 4. Typical pad sqe d'imensions wmply
repahin9/repfacnBdamaqedarh. wNhADAbes[przctices.
pavema�Cland�aPe.aa�ryotl� 5. Dependin�onspawava�abSry.each
hdfity resulGng from wnshucfion bus sheltermay w may not havea
operatiorrs. trdsh can.
f EI��`'sV�l�.l����.
� v
PROPOSED BllS STOP SHELTERAND PAD (SITE PLANI
SCALE 1"�'
NOTE:
� ����
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M1iFP NOTES
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2 ThemntraUOr'a�espw�s�efor wINADAOeslp2tErss.
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SCALE 9' =8' - • -
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t. Tfisisatypica[TypeB'busstopsheller 3 1�d�ereisanexistingb�sshelfersicucWre4iat
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- -- SCALE 1"=d
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whtchNVeBrc�ex¢EngpadsilQbu[U�eisan prtorloAes¢rtdmrstr��o2
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PROPOSED BUS STOP SHELTERAND PAD (SRE PLAN) ; n4 Smoolh Dowels w/ Green Cap A1ong j
SCALE: 9"�' � Curb Connedia�rl2' o-c I
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TYPICAL BUS SHELTERAP2Q PA6 (PLAN VIEWI � -- -- --,: ^ � � I
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_ operatlrna.
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i�aussra> pmxunrtyaftl�ene«mn.sWrSon.ttvAl
s�au beremrniedpriortothestartof -
croso-nction
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PROP0.SED BUS STOP SHELTER AND PAD (SITE PLAN)
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PROPOSED BUS STOP SHELTERAN6 PAD tSfl'E pLAN1
SCALE�9"=8•
CONCRETE
MPACTED SELECT
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SCALEEt"=4
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TYPICAL BUS SHELTER AND PAD (PLAN VlEVY)
SCALE:1"=4'
NOTE=
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��.
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Planning and Development
ACM: John Cabrales �
SUBJECT — DCA12-0008 (P�ocedu�es fo� Ce�tifcccte ofApp�op�iccteness Review)
Hold a public hearing and consider an ordinance of the City of Denton, Texas, amending the
Denton Development Code modifying the standard procedures for certificate of appropriateness
review in Subchapter 35.7; and providing for a penalty in the maximum amount of $2,000.00 for
violations thereof; providing a severability clause and an effective date. The Planning and
Zoning Commission recommends approval of this request (6-0). The Historic Landmarlc
Commission recommends approval of this request (5-0). (DCA12-0008, Procedures for
Certificate of Appropriateness Review)
BACKGROUND
Section 35.7.6.8.D of the Denton Development Code (DDC) was approved by Ordinance 80-30
in April 1980 and amended by Ordinance 93-032 in March 1993. Ordinance 93-032 revised the
standard procedures for the review of a Certificate of Appropriateness (COA) and created two
conflicting timelines for the review and approval of a COA. Specifically, Section 35.7.6.8.D.1
states:
"The coniniission shall deny, app�ove, o� app�ove with conditions any ce�tificate of
app�op�iateness application within thi�ty-five (3�) days of �eceipt of a conipleted
application; "
and Section 35.7.6.8.D.6 which states:
"that final action on the COA application niust be taken within sixty (60) days of �eceipt
of the a�plicatioyl o�� zt shall be deer��ed a�p��oved."
Section 35.7.6.8.D.1 sets a 35-day time limit for the consideration of a COA, however it doesn't
state what the consequences are if the time line isn't met. Section 35.7.6.8.D.6 then states that a
COA must be approved within 60 days of the receipt of the application or it will be considered
approved. In lieu of the conflicting 35- and 60-day timelines, staff is proposing to amend the
ordinance and revise Section 35.7.6.8.D.1 such that the timeline is extended from the current 35-
day requirement to 45- days for staff to receive and to adequately review for sufficiency, analyze
the data, draft a staff report, and forward the application to the Commission for consideration.
The Historic Landmarlc Commission (HLC) would then have 45 days from the posting of the
application on the agenda to review and make a determination regarding the application.
Agenda Information Sheet
Febniary 5, 2013
Page 2
The 60-day timeframe referenced in Section 35.7.6.8.D.6 is proposed to be amended such that
final action by the HLC must be taken within 45 days from the posting of the application on an
agenda, which is in concurrence with the time frame specified in Section 35.7.6.8.D.1.
Section 35.7.6.8.D.1 contains qualifiers on the actions the Commission can take on an
application. More specifically, this section states that "the commission shall deny, approve, or
approve with conditions any certificate of appropriateness application..." This section is
proposed to be deleted to give the commission an opportunity to continue an application to a
later date within the parameters of the proposed 45 day time limit which would begin with the
posting of the application on an agenda.
PRIOR ACTION/REVIEW
1. April 1980, City Council approval of Ordinance No. 80-30
2. March 1993, City Council approval of Ordinance No. 93-032
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the proposed amendments to
Section 35.7.6.8.D.
The Historic Landmark Commission recommends approval of the proposed amendments to
Section 35.7.6.8.D.
The Development Review Committee recommends approval of the proposed amendments to
Section 35.7.6.8.D.
OPTIONS
1. Approve as submitted
2. Approve with changes
3. Deny
4. Postpone consideration
5. Table item
EXHIBITS
1. Proposed Amendment to Section 35.7.6.8.D
2. October 8, 2012 Historic Landmarlc Commission meeting minutes
3. November 12, 2012 Historic Landmarlc Commission meeting minutes
4. January 9, 2013 Planning and Zoning Commission meeting nunutes
5. Ordinance
Agenda Information Sheet
Febniary 5, 2013
Page 3
Respectfully submitted:
''��° ���,�p�„ � :r � �� � �
� �"� ��;. ����
Brian Locldey, AICP, CPM
Planning and Development, Director
Prepared by:
E
���
Cindy Jacicson, AICP
Senior Planner
Exhibit 1
Proposed Amendment to Section 35.7.6.8.D
Section 35.7.6.8
D. Standard procedure for certificate of appropriateness review.
If tlie <ipplic<int is seel�in�; <i certitic<ite of <ippropri<iteness to <iuthorize worl� th<it is
not ordinar� maintenance or a minor eYterior alteration, the preser�ration officer shall
for��%ard the application to the historic landmark commission for retirie«% 11ot Icrtea� tl�crll
�'��r�tt��fr�%e (-�S) �iut�,s ���'r�ecer��t ��� u_c,c�ra�x�lL}tL}�i_u���rcutr�»r. 1Vc� �9����lrc,�utr�»r ,w�hu!! be
uccL�ted ��r��rc��Lw.sr�r� �c�rlL.w�.w� zt i.w� uccc�sa��7u�ried b�� ull d�c�rsa�L�rt.s� ��ec��rz��ed bv
u�r�i ���ur�L}�i r�r uc,�cc�r��ivar��L} ia�rth the r�ec�rrrr�era�L}art,s ���'thr,s :Srrd�chu��ter�, u���rcud�lL}
C'r�itL��zu Mu�r�rul.s�, u�r�i ull u���lzcu�ile C'itt� o��di�ru�rce.��, ���rle.w� u�rd r�L;��rrlutic�ar.s� (the
���e�ulc�ti���s "�, I��t lc�te�° thc�� the te�th bu�si�e�s�s c� c�,�te�° the �sub�i�s�si�� �, f'the
�����rcutr�»r, thL} I)I�( `(.`hurr� ,shu!! ra�ukL} u�%tL}r�ra�rarutr�»r r�r ia�r�rtr�r;; ia�hether� the
��x��rcutr�»r c�»r,w�trtr�te,w� u c,�c�ra���lete �9����lrcutr�»r. �9�r era�ur! ��r� c,���ra�ra�Ll�rt rar the
C'ilv's� ��°�il l�°c��ki�� ��°(���°�� is� �(�r�s�icl��°�cl c� cl�l���i�c�li(�r� i� �v�°ili��, 7h�
detL��sa�zarutzoar .��hull .wz�ecz�'v the doc�rsa�eart.s� o�� othe�� zar����sa�utzoar arLLded to
c��ra���lete the �9,/���rcutrc»r u�r�i,shu!! ,w�tute the �iute the �9���rc,�utr�»r ia�r!! ex��rr�e r'the
doc�rsa�eart.s� o�� c�the�� z�rfo��sa�utzoar u��e arot x���o��zded �''�� ^^����;��;^� �'�^" �'���.
�r �� - - - - - - � - _ -� . The historic
1<indm<irl� commission sh<ill conduct <i public he<irin�; on the <ipplic<itions to <illow
<ipplic<ints <ind interested persons to present tlieir �-ie�vs.
2. _�11 decisions of tlie commission sh<ill be in writin�;, st<itin�; its <ippro�-<il or tlie
specitic re<isons for den�-in�; or modif�-in�; an�- <ipplic<itions. _� cop�- of tlie certitic<ite
sh<ill be sent to the <ipplic<int <ind <i cop�- tiled with pl<innin�; <ind de�-elopment
department.
3. If <i certitic<ite of <ippropri<iteness h<is been <ippro�-ed b�- tlie liistoric 1<indm<irl�
commission:
��. It sh<ill issue tlie certitic<ite to tlie <ipplic<int; <ind
If a building permit is required for the proposed «%ork, a copp of the certificate of
<ippropri<iteness sh<ill be for�v<irded to the buildin�; oftici<iL I
-�. If <i certitic<ite of <ippropri<iteness h<is been denied, tlie <ipplic<int m<i�- <ippe<il tlie
decision in writin�; to tlie cit�- council b�- tilin�; <i written notice �vitli tlie cit�- secret<ir�-
�vitliin ten (10) d<i�-s of recei�-in�; notice of tlie deni<il.
:i. _�fter <i tin<il decision is re<iclied den�-in�; <i certific<ite of <ippropri<iteness, no fiirtlier
applications ma� be considered for the subject matter of the denied certificate for
one (1) �-e<ir from the d<ite of the tin<il decision unless:
a. The historic landmark commission «%aitires the time limitation because the
liistoric 1<indm<irl� commission tinds th<it tliere <ire ch<in�;ed circumst<inces
re�;<irdin�; tlie propert�- sufticient to �c<irr<int <i ne�v lie<irin�;. _� simple m<ijorit�-
tirote b� the historic landmark commission is required to grant the request for a
«%aitirer of the time limitation. If the historic landmark commission denies the
request tlie <ipplic<int ma�- <ippe<il in writin�; to tlie cit�- council b�- tilin�; written
notice «%ith the cit� secretar� «%ithin ten (10) aa�s of receitiring the notice of the
denial.
6. If tin<il <iction h<is not been t<il�en b�- tlie 1<indm<irl� commission �vitliin ��} oat -
fir �� (-� 7 j�l�r� of the ' �o.�t�J7,;,; o tl�e
ccl��lieation on the eo�n�nission'.s a�endcc by tTae �resc�ation o, z'eer
<i. Tlie preser�-<ition ofticer sh<ill issue <i certitic<ite of <ippropri<iteness to tlie
<ipplic<int for tlie proposed worl�; <ind
b. If a11 other requirements of the cit� code are met and a building permit is
required for the proposed «%ork, the building official shall issue a building permit
to the applicant for the proposed «%ork.
2
Exhibit 2
Historic Landmark Commission Minutes
October 8, 2012
C. Receive a report, hold a discussion, and make a recommendation to the Plannin� and
Zonin� Commission re�ardin� an amendment to Section 35.7.6.8D of the Denton
Development Code pertainin� to standard procedures for certificate of a�ropriateness
review. (Cindv Jacicson)
Jacicson stated previously there have been issues in regards to the time frame allotted for
Certificate of Appropriateness's (COA). The COA section was approved in April 1980; however,
the conflict arose when the section was amended in 1993. Jacicson stated staff has put together an
amendment to this problem. Knight stated there are two sections where the time frame
requirement is listed in the Denton Development Code. Knight stated one section of the code
states there is a 35 day time frame from when the application was received. The second section
states there is a 60 day time frame from when the application was received. Knight stated this is
just a proposal at this time; the time frame could be 45 days to bring before this Commission and
45 days to process the application; which would give a total of 90 days and would void the 60
day requirement. Knight stated another option was to just allow a 90 time frame from when the
application was received to have it completed by. Lynn stated that seems like a reasonable time
frame and option. Conte stated she does not feel that would necessarily worlc, since this
Commission only meets every 30 days. DeVinney questioned if the 60 day time frame would
allow an item to be tabled. Knight stated that is correct. Pulido questioned if there would be a
provision that once an item is tabled the applicant can still present something at a future meeting.
Locldey stated the Planning Department is in the process of reviewing some of the process and
the direction in which they are received from the City Manager's Office. Lockley stated there
might need to be a Special Called meeting in order to process the application within the 45 day
time frame. Conte stated the Planning and Zoning Commission postpones items all the item,
Locldey stated they meet every two weeks. Pulido questioned if it is possible to allow a caveat to
extend the time frame so that this Commission does not appear to be abusing the time frame.
This would so the applicant we want them to return before this Commission without having to
reapply again. Knight stated theoretically that is possible. Knight stated it would need to be
reviewed to have a standard set of time frames. Conte questioned how the Planning and Zoning
Commission and City Council Board process these requests. Knight stated those boards do not
operate under the same restrictions as this board.
Conte questioned removing the time frame limitation all together. Pulido it appears to be safer to
keep the time frame limitation and add tabling. DeVinney stated with tabling it has to be acted on
during the next meeting. Knight stated that is correct. DeVinney stated she lilces the idea of the
time limit, it lets the applicant lcnow that staff is worlcing in good faith. Knight stated the 45 day
time frame would be removed and changed to a 60 day time limitation. Conte questioned it being
62 days due to the months that have more than 30 days. Cabrales stated the City Council Board
has directed staff to become more customer service friendly. Cabrales stated exhibit item D6 in
the staff bacic up states the recommendation time limitation is 45 days from the posting of the
-,
�
agenda. DeVinney referred to item D1 on exhibit 1 in the staff bacictip, DeVinney stated the
purpose of this item should be to state that the item should be on the agenda no later than 45 days
of the application receipt. Knight stated staff will create another draft. Locldey stated it will be
placed on the agenda under the Worlc Session section. Cabrales informed the Commissioners the
Work Session is time used for staff to brief the commission on an item of interest. It is also used
for the Commission to question staff on any items of concern.
4
Exhibit 3
Historic Landmark Commission Minutes
November 12, 2012
2. PUBLIC HEARINGS:
A. Receive a report, hold a discussion, and make a recommendation to the Plannin� and
Zonin� Commission re�ardin� an amendment to Section 35.7.6.8D of the Denton
Development Code pertainin� to standard procedures for certificate of a�ropriateness
review. (John Kni�ht)
Knight stated this item is a result of notes gathered from the previous meetings. The words that
are underlined are new items; the words that are crossed out have been removed. Knight stated
the only change is within the first paragraph of Section 35.7.6.8.D. This is a time change from 35
days to 45 days. Knight requested direction from this Commission. DeVinney stated the
provided timeline is sufficient, and provides direction for the applicant. Knight stated he would
move forward in presenting this to the Planning and Zoning Commission.
Commissioner Deb Conte motioned, Commissioner Michelle Lynn seconded to approve this
request. Motion approved (5-0).
Exhibit 4
Planning and Zoning Commission DRAFT Minutes
January 9, 2013
WORK SESSION
Chair Schaake called the Work Session to order at 6:02 p.m.
1. Receive a report, and hold a discussion re�ardin� a proposed ainendinent to Section
35.7.6.8D of the Denton Developinent Code (DDC) pertainin� to standard procedures for
certificate of a�ropriateness review.
Jacicson provided a brief bacicground on this request. Currently, under Subchapter 35.7.6.8,
Section 35.7.6.8.D.1 it states the coniniission shall deny, app�ove, o� app�ove with conditions
any ce�tificate of app�op�iateness application within thi�ty-five (3�) days of �eceipt of a
conipleted application. Alsq Section 35.7.6.8.D.6 states that final action on the COA application
1�21lS/ hE', /C/%iE',YI 11�d/�/dYl Sd.K1y ���� L�C/yS Of 1'E',CE',d�/ Of /�/E', C/��%dCC//dOYl OI' d/ S�/C/%% hE', L�E',E',1�2E',L� C/��1'OVE',L�.
Jackson stated staff is proposing to revise the Denton Development Code (DDC), Section
35.7.6.8.D.1 to revise such that the timeline is extended from the current 35- day requirement to
45- days for staff to receive and to adequately review the application and forward it to the
Commission for consideration. The Historic Landmarlc Commission (HLC) would then have 45
days from the posting of the application on the agenda to review and make a determination
regarding the application. In addition, staff is proposing that Section 35.7.6.8.D.1 contains
limitations on the actions the Commission can talce on an application, not pernutting the
Commission to continue an application if necessary. This section is proposed to be deleted to
give the commission an opportunity to continue an application to a later date within the
paranleters of the proposed 45 day time limit which would begin with the posting of the
application on an agenda
Reece questioned the automatic clause; Jacicson stated there were conflicts with the 35 and 45
day time frames. Jacicson stated this would allow the review to be more accurate.
REGULAR MEETING
The Planning and Zoning Commission convened a Regtilar Meeting of the Planning and Zoning
Commission of the City of Denton, Texas which was held on Wednesday, January 9, 2013 and
began at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time
the following items were considered:
Chair Schaake called the Regular Meeting to order at 6:38 p.m.
C. Ho1d a public hearin� and consider malcin� a recommendation to the Citv Council re�ardin�
a proposed ainendinent to Section 35.7.6.8D of the Denton Developinent Code (DDC)
pertainin� to standard procedures for certificate of a�ropriateness review. The Historic
Landinarlc Coininission recoininends abbroval of this reauest 5-0. (DCA12-0008_ COA
6
Procedures, Cindv Jacicson)
Jacicson provided a brief bacicground on this request; currently, under Subchapter 35.7.6.8,
Section 35.7.6.8.D.1 it states the coniniission shall deny, app�ove, o� app�ove with conditions
any ce�tificate of app�op�iateness application within thi�ty-five (3�) days of �eceipt of a
conipleted application. Alsq Section 35.7.6.8.D.6 states that final action on the COA application
1�21lS/ hE', /C/%iE',YI 11�d/�/dYl Sd.K1y ���� L�C/yS Of 1'E',CE',d�/ Of /�/E', C/��%dCC//dOYl OI' d/ S�/C/%% hE', L�E',E',1�2E',L� C/��1'OVE',L�.
Jackson stated staff is proposing to revise the Denton Development Code (DDC), Section
35.7.6.8.D.1 to revise such that the timeline is extended from the current 35- day requirement to
45- days for staff to receive and to adequately review the application and forward it to the
Commission for consideration. The Historic Landmarlc Commission (HLC) would then have 45
days from the posting of the application on the agenda to review and make a determination
regarding the application. In addition, staff is proposing that Section 35.7.6.8.D.1 contains
limitations on the actions the Commission can talce on an application, not permitting the
Commission to continue an application if necessary. This section is proposed to be deleted to
give the commission an opportunity to continue an application to a later date within the
paranleters of the proposed 45 day time limit which would begin with the posting of the
application on an agenda Jacicson stated staff recommends approval of this request. There was no
one to speak on this item.
Commissioner Frank Conner motioned, Commissioner Thom Reece seconded to approve this
request. Motion approved (6-0).
7
s:\legal\our documents\ordinances\13\dca12-0008.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DENTON
DEVELOPMENT CODE MODIF�YING THE STANDARD PROCEDURES FOR CERTIFICATE
OF APPROPRIATENESS REVIEW IN SUBCHAPTER 35,7; AND PROVIDING FOR A
PENALTY 1N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE, (DCA12-0008)
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the Planning and Zoning Commission recommended approval of cer�tain changes to Subchapter 35.7
of the Denton Development Code; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Denton Development Code are consistent with
the Comprehensive Plan and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2, Subchapter 35.7 of the Denton Development Code is amended to read as
follows:
Section 35.7.6.8.D.1 Standard procedure for a certificate of appropriateness review.
1. If the applicant is seelcing a certificate of appropriateness to authorize worlc that is not
ordinary maintenance or a minor exterior alteration, the preservation officer shall forward
the application to the historic landmarlc commission for review not later than forty-five
(45) days of receipt of a completed application. No Application shall be accepted for
processing unless it is accompanied by all documents required by and prepared in
accordance with the requirements of this Subchapter, applicable Criteria Manuals, and all
applicable City ordinances, rules and regulations (the "Regulations"). Not later than the
tenth business day after the submission of the Application, the DRC Chair shall malce a
determination in writing whether the Application constitutes a complete Application. An
email or comment in the City's permit tracicing program is considered a determination in
writing. The determination shall specify the documents or other information needed to
complete the Application and shall state the date the Application will expire if the
documents or other information are not provided. The historic landmarlc commission
shall conduct a public hearing on the applications to allow applicants and interested
persons to present their views.
2, All decisions of the commission shall be in writing, stating its approval or the speciiic
reasons for denying or modifying any applications. A copy of the certiiicate shall be sent
to the applicant and a copy filed with planning and development department.
3. If a certificate of appropriateness has been approved by the historic landmarlc
commission:
a. It shall issue the certificate to the applicant; and
b. If a building permit is required for the proposed work, a copy of the certificate of
appropriateness shall be forwarded to the building official. I
4. If a certificate of appropriateness has been denied, the applicant may appeal the decision
in writing to the city council by iiling a written notice with the city secretary within ten
(10) days of receiving notice of the denial.
5, After a final decision is reached denying a certificate of appropriateness, no further
applications may be considered for the subj ect matter of the denied certiiicate for one (1)
year from the date of the final decision unless:
a. The historic landmarlc commission waives the time limitation because the historic
landmarlc commission finds that there are changed circumstances regarding the
property sufficient to warrant a new hearing. A simple majority vote by the historic
landmarlc commission is required to grant the request for a waiver of the time
limitation. If the historic landmarlc commission denies the request the applicant
may appeal in writing to the city council by filing written notice with the city
secretary within ten (10) days of receiving the notice of the denial.
6. If final action has not been taken by the landmarlc commission within forty-iive (45) days
of the posting of the application on the commission's agenda by the preservation officer;
a. The preservation ofiicer shall issue a cei-tificate of appropriateness to the applicant
for the proposed woric; and
b, If ali other requirements of the city code are met and a building permit is required
for the proposed worlc, the building official shall issue a building permit to the
applicant for the proposed worlc,
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000,00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shali not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5, This ordinance shall become effective fout�teen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 2013,
MARK A, BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� f,:�
BY: �- z��'.�.�,-,,--�, ���.�°'°.
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 5, 2013
DEPARTMENT: Planning and Development
ACM: John Cabrales ��
SUBJECT - E,S�Al2-0009, The Woodlccnds Alte�ncctive E,S�A Plccn
Hold a public hearing and consider an ordinance of the City of Denton, Texas, approving an
Alternative Environmentally Sensitive Area (ESA) Plan to deviate from Subchapter 35.17.8
(Riparian Buffer and Water Related Habitat Development Standards) of the Denton
Development Code, on approximately 19.87 acres of land within a neighborhood Residential
Mixed Use (NRMU) zoning district classification and use designation, located at the southwest
corner of Mingo Road and Nottingham Drive within the City of Denton, Denton County, Texas;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a
severability clause and an effective date (ESA12-0009). The Planning and Zoning Commission
recommends approval, subject to conditions (6-0).
PROPOSAL
An Alternative Environmentally Sensitive Area (ESA) Plan provides the option to address the
regtilations of Subchapter 17 (Environmentally Sensitive Areas) through a flexible discretionary
process utilizing the Zoning Amendment Procedure. The Alternative ESA Plan must result in a
high quality development, meeting the intent of the standards of the Denton Development Code
(DDC).
The subject property includes an approximate total of 43.72 acres; of which the applicant
(Allison Engineering Group) is requesting approval of a Specific Use Pernut (SUP) to constnict
a multi-fanlily development on approximately 19.87 acres. On January 9, 2013, the Planning
and Zoning Commission approved an Alternative Tree Plan (ATP12-0001) (with conditions) to
mitigate the Code required 148 inches by preserving additional trees onsite, beyond the
minimum requirement. The applicant is also requesting approval of an Alternative
Environmentally Sensitive Areas (ESA) Plan to remove an ESA stream buffer designation from
an existing drainage channel, generally located at the northeast corner of the site. The stream
buffer includes approximately 1.13 acres. The applicant is proposing to preserve approximately
1,535 tree inches located along the western property boundary to mitigate the 570 inches that the
applicant proposes to remove within the riparian buffer. The proposed 1,535 inches to be
mitigated are located in Area A on Exhibit 7.
In 2002, the environmentally sensitive areas (ESAs) map was adopted as part of the adoption of
the Denton Development Code (DDC). At that time, the ESA map indicated two (2) riparian
buffers and an upland habitat on the subject property. Pursuant to Subchapter 35.17.10, of the
Agenda Information Sheet
Febniary 5, 2013
Page 2
DDC, undeveloped properties containing water related habitats, riparian buffers, or upland
habitats (minimum size of 10 acres) are subj ect to habitat preservation.
The upland habitat and the easternmost riparian buffer ESA designations were removed in 2004
based on field assessments, as neither of these areas met the nunimum criteria for retaining the
protected stat�is. A field assessment in 2004 (ESA04-0004) concluded that the treed area did not
meet the ten acre minimum size criterion specified for upland habitat, and that the indicated
drainage swale had been incorrectly mapped as a riparian buffer. However, a recent field
assessment of the westernmost riparian buffer (ESA12-0004) confirmed that natural
characteristics typical of riparian buffers were present. Based on the findings, the riparian buffer
ESA designation was retained.
Staff sent eighteen (18) certified notices of the public hearing to property owners within two
hundred (200) feet of the subject property and eight-four (84) notices to residents and property
owners within five hundred (500) feet of the property. As of this writing, staff has received three
(3) notices in opposition to the request and one (1) notice in favor of the request.
PRIOR ACTION
1. April 25, 2012, Planning and Zoning Commission Public Hearing (Z11-0024)
2. June 5, 2012, City Council Public Hearing (Z11-0024)
3. January 9, 2012, Planning and Zoning Commission Public hearing (S 12-0004)
4. January 9, 2013, Planning and Zoning Commission Public Hearing (ESA12-0009)
5. January 9, 2013 Planning and Zoning Commission Meeting (ATP12-0001)
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends Approval of ESA12-0009, subject to the
following conditions:
1. The applicant shall preserve 1,535 tree inches along the western property boundary. The
aforementioned preservation includes nutigation for the 570 inches proposed to be
removed from the ESA riparian buffer and a ten (10) — foot Type B buffer; and
Agenda Information Sheet
Febniary 5, 2013
Page 3
2. Preserved trees within the Alternative ESA Plan located on the western property line
shall be used toward the tree mitigation requirement (222 inches) for the Alternative Tree
Plan (ATP12-0001), which was approved by the Planning and Zoning Commission on
January 9, 2013.
EXHIBITS
1. Staff Analysis
2. Alternative ESA Plan
3. Site Location/Aerial Map
4. Existing Zoning Map
�. ESA Map
6. Notification Map & Responses
7. Alternative ESA Site Plan
8. Tree Survey
�. Letter of Intent
10. Site Photos
11. January 9, 2013, Planning and Zoning Commission Meeting Minutes
12. Ordinance
Respectfully submitted:
� �-
�� _ � �.��
�, ��" ����r � � �„ � ��°.,, �r ���.�
,r°°� � ��� ��
Brian Locldey, AICP, CPM
Planning and Development, Director
Prepared by:
����.�,.�c�,�e.�,a.�
Johnna M. Matthews
Senior Planner
Exhibit 1
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: January 9, 2013 TYPE: Alternative ESA Plan
CC Date: February 5, 2013 PROJECT #: ESA12-0009
Project Number:
Request:
ESA12-0009, The Woodlands Alternative ESA Plan
An Alternative ESA Plan to deviate from Subchapter 17 of the
Denton Development Code
Applicant: Allison Engineering Group
4401 N I-3 5, Suite 102
Denton, TX 76207
Property Terry Moore, Auguilar Properties
Owner: 14860 Montfort, Suite 107
Dallas, TX 75284
Location:
Size:
Existing Zoning
Designation(s):
Future Land Use:
Case Planner:
The property is located at the southwest corner of Mingo Road and
Nottingham Drive.
19.87 +/-
Neighborhood Residential Mixed Use (NRMU)
Neighborhood Center
Johnna M. Matthews
DRC Recommendation: The Development Review Committee (DRC) recommends
App�ovccl of ESA12-0009, subject to the proposed mitigation.
P&Z Recommendation: The Planning and Zoning Comnussion recommends Approval of
ESA12-0009, subject to the following conditions:
1. The applicant shall preserve 1,535 tree inches along the western property boundary. The
aforementioned preservation includes mitigation for the 570 inches proposed to be
removed from the ESA riparian buffer and a ten (10) — foot Type B buffer; and
2. Preserved trees within the Alternative ESA Plan located on the western property line
shall be used toward the tree mitigation requirement (222 inches) for the Alternative Tree
Plan (ATP12-0001), which was approved by the Planning and Zoning Commission on
January 9, 2013.
Summary of Analysis
The applicant proposes a multi-fanuly development on 19.87 acres of a total 43.72 acres.
Improvements to the existing drainage channel are proposed by this development. Generally,
encroachments or disturbances of a riparian buffer are not allowed within 50 feet of the
centerline of the channel unless otherwise pernutted under Section 35.17.8 or unless an
Alternative ESA Plan is approved. The removal of vegetation, constniction of stream crossings
and drainage facilities within the riparian buffer are examples of prohibited activities, unless an
Alternative ESA Plan is approved.
According to the DDC, the Alternative ESA proposal must result in a high quality development
meeting the intent of habitat preservation. To meet this requirement, the applicant offers 1,535
tree inches located along the western boundary of the property to offset the 570 tree inches that
the applicant proposes to remove within the riparian buffer (See Attachment 7). This would
amount to a 1:2.7 preservation ratio. It is important to note that the proposed 1,535 tree inches
includes the required Type B Buffer along the western property line to provide a transition
between the existing single family subdivision and the proposed multi-family development. A
Type B buffer includes a ten (10) foot planted strip that includes a combination of five (5)
evergreen and deciduous trees and 30 shnibs per 1001inear feet.
Due to density of trees on the site, an indirect methodology was used for determining the impacts
and proposed mitigation. The applicant deternuned impacts and nutigation using sample and
survey data instead of a complete (every tree) inventory. Thus, even though the areas where
preservation would talce place have been permanently established and identified (See Exhibit 8),
the amount of tree inches that will be removed and that will be preserved are approximations
derived from sampling data and do not reflect direct identification, location, and measurement of
each individual tree on the site. The proposed nutigation area would be documented as such on
all future plats for the subject property.
Development Review Committee
The Development Review Comnuttee (DRC) recommends APPROVAL of ESA12-0009, subject
to the proposed nutigation measures, as outlined in Exhibit 2.
GENERAL NOTES
�rOTE: Approval of this request .�Izall rzot corzstitute a�naiver or var^iarzce fi^onz arzy applicable developnzerzt
requir^enzerzt urzless specifically rzoted irz the corzditiorzs of approval arzd corz.�isterzt �rith the Derztorz
Developnzerzt Code.
�rOTE: All >>�r^itterz comnzerzts nzade irz the applicatiorz arzd subsequerztsubmissiorzs of'irzf'or^nzatzorz nzade durirzg the
applicatiorz r^evie��� process, �rluch are orz file �nith tlie Cit�> ofDerztorz, shall be corzsidered to be birzdirzg
upo�z the applicarzt, provided such conznze�zts are rzot at var^iarzce �ritli the Derztorz Plarz, Derztorz
Developnze�zt Code or other developnzerzt regulatiorzs irz eff"ect at tlie tinze of'developnzerzt.
Surrounding Zoning Designations and Current Land Use Activity:
North�i est: North: Northeast:
Nei�hborhoocl Resiclential3 (NR- Nei�hborhoocl Resiclential3 (NR- Nei�hborhoocl Resiclential Mi�ecl
3) 3) Use (NRMU)
(Single-familti subdivision) (Single-familti subdivision, (Church)
Uncle��elo �ecl
West: � ' � East:
Nei�hborhoocl Resiclential � (NR- • � � � � � ' • Nei�hborhoocl Resiclential2 (NR-
�) ' 2)
(Sin�le-famil`� subcli��ision) • � � � � � ' • . � ' Nei�hborhoocl Resiclential Mi�ecl
� Use (NRMU)
• � • (Undevelo �ed
South�i est: South: Southeast:
Nei�hborhoocl Resiclential �(NR- Nei�hborhoocl Resiclential �(NR- Nei�hborhoocl Resiclential �(NR-
4), Neighborhood Residential6 4) 4)
(NR-6) (Church) (Single familti subdivision)
(Single-family subdivision)
Source: City of �Denion C�eographical Inf ormaiion Sys�iem and s�iie vis�ii by Ciiy s�iaff
Summary of Surrounding Zoning Designations and Current Land Use Activity:
The area within '/4 mile radius of the site is comprised of approximately 217 acres. Uses within a
'/4 nule radius of the site are limited to agricultural uses, religious uses, single fanuly
subdivisions and undeveloped land. Specifically, within a'/4 nule radius, there are
approximately 82.933 acres which are considered agricultural uses; 13.03 acres are developed
with religious uses, such as churches; 80.73 acres are developed with single-family subdivisions;
and approximately 40.19 acres remain undeveloped.
Comprehensive Plan:
The underlying future land use designation is Neighborhood Center. The Denton Plan states that
within the undeveloped urban and urbanized areas of the city, new neighborhoods may develop
in traditional patterns. Mixed-use and nuxed housing types will be allowed to develop in a
pattern of `neighborhood centers.' These are oriented inwardly, focusing on the center of the
neighborhood. These neighborhoods will exemplify the interrelationship between quality of
development, density, services and provision for adequate facilities. These developments should
locate the center of the neighborhood within a five (5) to ten (10) nunute wallcing distance from
the edge of the neighborhood. These support uses could include service-oriented retail such as a
small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at
higher densities with townhomes or residential flats above service oriented uses. Open space
occurs in neighborhood centers with park uses including central neighborhood "greens" and
floodplain preservation. Civic uses such as fire stations, schools, libraries and mass
transportation nodes are encouraged
landmarlcs that are a focus to the
neighborhood may be developed to
residences on the upper floors.
Environmental Conditions:
to be essential elements of neighborhood centers
neighborhood. Limited multistory development in
incorporate shops on the ground floor and offices
as
the
or
The purpose of this proposal is to remove a designated stream buffer ESA from the site. The
ESA stream buffer is located along the existing channel on the northeast quadrant of the
property. The stream buffer ESA extends 50 feet from the center line of the existing channel for
a total width of 100 ft. Uses within areas designated as stream buffers are regulated in DDC.,
Section 35.17.8. No stnictures or disturbances are allowed in areas designated as stream buffers,
unless an Alternative ESA Plan is approved by City Council. Riparian enhancement or
restoration activities would be pernutted.
Exhibit 2
Alternative ESA Plan
Section 35.17.12 (Alternative Environmentally Sensitive Area Plan) of the Denton Development
Code (DDC) allows an applicant to ". .. propose an Alternative ESA Plan, which provides the
option to address the regulations of Subchapter 17 through a flexible discretionary process
utilizing the Zoning Amendment Procedure outlined in Subchapter 35.3.4. The Alternative ESA
Plan shall demonstrate that the developer's alternative proposal results in a high quality
development meeting the intent of the standards in the DDC
The Alternative ESA Plan is for a proposed multi-family development on approximately 19.87
acres located at the southwest corner of Mingo Road and Nottingham Drive.
The applicant is proposing deviate from the following section of the DDC:
§ 35.17.8.B.1, Riparian Buffer and Water Related Habitat Development Standards,
Prohibited Uses and Activities: Land disturbing activity not authorized by a Corp Section 404
Pernut of Letter of Pernussion and by the Director as part of the ESA Review
As mitigation for the requested deviations outline above, the following conditions apply:
• The applicant shall preserve 1,535 tree inches along the western property
boundary. The aforementioned preservation includes mitigation for the 570
inches proposed to be removed from the ESA riparian buffer and a ten (10) — foot
Type B buffer; and
• Preserved trees within the Alternative ESA Plan located on the western property
line shall be used toward the tree nutigation requirement (222 inches) for the
Alternative Tree Plan (ATP12-0001), which was approved by the Planning and
Zoning Commission on January 9, 2013.
NOTE: This Alternative ESA Plan allows only for the deviations and mitigations listed in this
report. All other regulations in the Denton Development Code, Criteria Manuals, and other
applicable regulations will apply.
The approval of this Alternative Development Plan does not explicitly or implicitly approve any
Engineering issues, including but not linuted tq access points, easement locations, or utility
locations.
The approval of this Alternative Development Plan will require the applicant to maintain the
same number of approved parlcing spaces, the same landscape percentages, tree canopy coverage
and tree preservation; however, modifications to the approved plans may be made provided the
landscaping values do not decrease, and the number of parlcing spaces and lot coverage do not
increase.
Exhibit 2
Site Location/Aerial Map
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Exhibit 3
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Exhibit 4
Future Land Use Map
Exhibit 5
ESA Map
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Exhibit 6
Notification Map
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Tt�e P�anning and Zoning Commission of the City of Denton will hnid a public hearing on
Wednesday, January S, 2013, and consider making a recommendation to Ciiy Council
regarding an Altemativ� Environmentally Sensitive Areas (ESA) Pian, for a proposed multi-
family develo�me►tt, to deviate frorn Subchapter 35.17.8 {Riparian gu�er and Water Related
Habitat Development Standards). �he properfy includes approxirnately 'f 9.87 acres and is
located at ihe southwest corner of Mingo Road and Nottingham Drive.
The public hearing will start at 6:30 p.m. fi the City Council Chambers of Cify Hall locafed at 215 �.
McKinney 5treet, Denton, Texas. Becauss you own property �vithfn two hundred (2a0) teet of ihe
subject property, the Planning and Zoning Commission would like to hear how you feel about this
�quest and fnvites you to attend the pvblic hearing. Piease, in order for your opiniqn ta be taken inta
accaunt, return this form with your comments prior to ihe date of the public hearing. (This in rro way
prohibits you frorn atten�'ing and partielpating in the public hearing.) You rnay fax it to the number
(aceted at t�e boitom ur irail it tn fhe address below dr drop it off in-person: -
Plann�ng and tleveiopment Department
221 N. LJm ST
C�enton, Texas T6201
Attn: Johnna Matthews, Proj�ct Manager
These forms are used to caiculate the peraentage oi fandown�rs that support and o�pase the
request. The Cammission is intormed of the percent of responses in support and in npposfaon.
Please circie one:
In favor of request NeuEral to request Opposed to rsquest
aJ-sons fAar flpposition: I !
�1� S tlCec. (�RC.�.S ia Fj C, � e.� J fll9l L�c'rt1 � Stl ��wS['_�
ET
Signature; (I/(•,u�� I �,v._/i�,,E�,y
F'ri�ted Narne: �a'�nc�n �hic�ur-�s ~
Mailing Address: 1�- . G. �30 l y
City,State Zip: �-P,t-�n 1 xa� 7��,e�)
Telephone Number; ��t) — � $ ) - �� � �7
Physical Address af Property within 2UQ feek: � 3Q t i� ub�c. l, �
C1TY OF O�NTOAl, %E}(�Q� CITY NALL WEST • nEN7UN, 7EXAS 762D1 � 94�.349.8541 •(F} 940,34g.77D7
?.�r!'Y&7 e'd!�tir,�;
NOTICE OF PUBLIC HE�RINC
ESA12-0009
The Planning and Zoning Commission of the City of Denion wifl hold a p�blic hearing on
Wednesday, January 9, 2013, and consider making a recommendation to City Council
regarding an Alternative Environmentally Sensitive Areas (ESA) Pfan, for a proposed multi-
family development, ta deviate from Subchapter 35.17.8 (Riparian Buffer and Water ReEated
Habitat Development Standards). The property includes approximately 19.87 aeres and is
located ai the southwest corner of Mingo Road and Nottingham Drive.
Tha ni ritlin c�arinri iniill efarf �t R•Q!1 m m � fl�o ('i+�i f`ni in`.�I ('h-e.r.F... ..f l�i+.i 4l..II 1.. .�F...! .,E 74 � C
��.� r....��.. .�....����� rrm v�c.�• an. v.vv N.���. iii �n�, vny vvu�wu vaiuuiuci$ vi vuy � �au �v�aicu ai � i.� �...
McKinney Street, De�ton, Texas. Because you own properiy within two hundred (200J feet of fhe
subject property, the Planning and Zonrng Commission would like to hear how you fee! about this
request and invites you to atiend fhe pu,blic hearing. Please, in order for your opinion to be taken into
account, return this form with your comments prior fo the date of the public hearing. (This in no way
prohibits you from attending and particrpafing in the public hearing.) Yau may fax it to the number
located at the bottom cr mail it to the acidress below ar drop if off in-person:
Planning and Deve[opmeni Department
221 N. Elm ST
Denton, Texas 76201
Attn: Johnna Matt�ews, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Corr�mission is informed of fhe percent of responses in support and in opposition.
In favor of request
for Opposition:
��--°%N°�-o�,�� �wi
Please circle one:
Neutral io request
pp0 osed to request
��
�� , fl �i �,�ht� c- h�c� c! � lv. -{-- w � l ( � �� � '� r� � c� �a � �� .-�r�a��-�=;�--
e� h S� r eC'�� ,,..�l�;s,_� c h�� ��c �� �� �` ���P c 1� e�`io _..� ,'� "��~�'
,
Ci i`.�' ``i ,
Signature: I _.�='�J-�Z--
Printed Name: � ca ; r �
Mailing Address: �, �("� [ `�� e�( �'�c�r� ��
City, State Zip: �o�c�,� . `"�``�, "� �, ����
c��, — ,T
Telephone Number: � ( � --� 1 � °� `� �
Physical Address of Property within 200 feet:
CITY OF DENTON, TEJtAS CITY HALL WEST • DENTON, TEXAS 762fl1 • 940.349.8541 •(F) 940.349.7707
200' P&Z Notice
' � �"�� ° :� :. ��' - � � , � �
� _ �_
. ; : ���,
Tha Planning and �oning Commissinn of the City of Dentan wfll hold a public hearing nn
Wednesday, January 9, Z013, and consider making a recomr�endation to City Counc�l
regarding an Alternative Environrnentaliy Sensitive Areas (ESA) P[�n, for a propased multi-
family devefopment, to deviate frnm 5ubch�pter 35.17.8 (Ripar�an Buffer and Water Reiated
Nabitat De�elopment Standards). The property includes approximately 18.87 acres and Fs
Incated at the southwest corner of M�ngo Road and NettiRgham Drive. �
Thg public hearing will start at 6:30 p.m. in fhe �ity Council Chambers of City Hali lacafa� at 215 E,
MaKinr�ey Sfreet, Denton, iexas. Because yvu own properey �vifhin t►vo hundred (2p0J feef of the
subjecf propeny, the Alanning and Zoning Commisslon would llke fo hear hnw you fee! about this
request and invifes you to attend the publfc heartng. Please, in order far your opinion to be faken i�to
aacount, return ihis form wlth your commants prior to th� date af ihe public F�earing. (This In np way
prohlbits you trom attendirlg and participaNng ir? the publfc hearing.) Yau rnay tax it to the numbar
yo�t�'�i"ti5�rf7�ttom•ts�r��t#`it�v-th�oCttr�h�ifiw�7r�ii�p'�froifirr-7�rsa�`—. —_ ._. _ _ W ,. _ _. _ �,..
Planning and �evafopment De}�ar#menf
221 N. �Im ST
D�nton, Texas 78201
Attn: Johnna Matthews, �rajeat mana�er
These f�rms are used to calculate the percentage of I�ndowners 4hat supp0�t �nd appaae the
e�que�sk The Comm[sslan is infarmed af th� percen4 af resportses in support and in opposition.
�..-r�-- Piease circl� one:
{ In Favnr nf request_ Neutral to r�quest Opposed to requ�st
�-,w_._,...,�.�,_.
Fteasons tvr Oppositlon:
�.n. ._ �. -,-.
Printed Name: '� � � � � h �'
Ma(fing Address: i $"� o I• �o�'{-�v,�`F ��u ,` U �, b, f v
Ciry, state Zip: +- I lF ,t , '7"x � �'d.s `i
Telephone Numbe�, 7r�.� �,� y`� 7�b'`"
Physica{ Address of Property within 200 feet: �C7� i �rM,l9'�
C17`y OF DFNTQIV, %Exj4S CITY HAI,6 WEST • D�N74N, iEXAS 78201 • 940.348.8541 •(fi) 940.349.77p7
2�0' A82 NoNe�
LEGENDscn�> >000
LIMITS OF TREE SUB-AREA
� TREESAMPLINGAREA
TOP OF BANK
� CREEK
� ESA STREAM BUFFER
0 NON-MITIGATION AREA
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e..T�ee a�e�e,�ea
TreeArea Irvches Inches
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AREA "C"
Note: On site tree survey conduded
by Metroplex Surveying Inc,
on August 11, 2012.
AREA ••I••
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Note: The purpose of the Altemative Tree Preservation Plan
is to allow trees that are preservetl beyountl the minimum
required, to be utilized towards mitigation for the removal
of Proteded Trees.
Trees designated for mitigation shall be identifed prior to
any trees being removed or disturbed within Area A.
Only elm and oak species shall be utilized towards mitigation.
qualityTree Stand & qualityTree [alculationr.
Inches i!Trees AvgSize
TotalinchesofQualrtyTrees&TreeSYands 15,612 I8A5 8.2
MinReqPreserved�25%-nomitfgationi 3,4G3
MVmimumProposedPreserved�3�kj 4,684
MInuSRllltigation -146
MinimumP�eServalionake�Mltigation 4,536
Protected Tree Mitigation: Inches
ProtectetlTreelncheSRemovetl J4
Mitigation @ 2:1 148
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REVISIONS
„�n„ Novzo�z
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a.�MaE� �z��
ATP 1
Exhibit 9
Letter of Intent
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Exhibit 10
SITE PHOTOS
Exhibit 11
January 9, 2013 Planning and Zoning Commission Meeting Minutes
Minutes for ATP12-0001
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Minutes for ESA12-0009
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AGENDA INFORMATION SHEET
AGENDA DATE: Februaiti� 5, 2013
DEPARTMENT: Plannnlg and Development
ACM: 7ohn Cabrales �
SUBJECT - 512-0004, liag�co&aApart�rce�cis
Hold a public hearing and consider adopiion of an ordinance of the Cin� of Denton, Te�as,
approving a Speci�ic Use Permit to allo��� a mulii-familv development on appro�imatelv 19.87
acres of land ���ithin a Neighborhood Residential Mi�ed Use (NFtMTJ) zoning disi�ict
classi�ication and use designation, located at the south���est coiner of Mingo Road and
Nottingham Drive ���ithin the J. Lillv Surve� , ���ithin the Cin� of Denton, Denton Counn�, Te�as;
providing for a penalty in the ma�imum amount of $2,000.00 for violaiions thereof; providing a
severabilitv clause and an effective date (S12-0004). The Planning and Zoning Commission
recommends approval, subject to condiiions (6-0).
BACKGROUND
The subject propert�� includes an appro�imate total of 43.72 acres; of ���hich the applicant
(Allison Engineering Group) is requesting to consi�uct a mulii-familv development on
appro�imatelv 19.87 acres. Pursuant to Subchapter 35.5.2 (Permitted Uses) of the Denton
Development Code (DDC), multi-familv is allo���ed ���ithin the e�isiing zoning disi�ict of NFtMTJ,
�� ith approval of a Specific Use Pei7nit (SLJP).
The proposed mulii-familv development ���ill be consi�-ucted in t���o (2) phases. Phase 1 ���ill
include up to 148 units on appro�imatelv 11 acres; sevenn� (70) one-bedroom units, sevenn�-one
(71) t���o-bedroom units and seven (7) three bedroom units� Phase II ���ill include up to 168 to 180
units on appro�imatelv 9 acres. The applicant originall�� indicated that Phase II ���ou1d be
consi�ucted in a similar raiio of one, t���o and three bedroom units as proposed for Phase L The
densin� proposed is 159 d���elling units per acre. The densin� allo��ed ���ithin the zoning disi�ict
is 30 d�� elling uilits per acre.
In conjunction ���ith the request for the SUP to allo��� a mulii-familv development, the applicant is
requesiing an Alteinaiive Envuonmentallv Sensitive Area Plan (ESA12-0009) to deviate from
Subchapter 35.17.8 (Riparian Buffer and Water Related Habitat Development Standards) of the
Denton Development Code (DDC) and an Alternaiive Tree Plan (ATP12-0001). Speci�icallv,
the Alteinaiive ESA Plan is for the proposed disturbance of the si�-eam buffer ���hich runs along
the e�isting drainage channel to provide a deteniion pond and to provide fle�ibilin� in the
locaiion of improvements on site. The puipose of the Alternaiive Tree Plan (ATP12-0001) is to
use e�isting Qualin� Trees as mitigaiion to remove Protected Trees.
In 1984 the site ���as rezoned from Single Familv-7 (SF-7) and Agricultural Disi�ict (A), to
Planned Development-182 (PD-182). In 2002, the ordinance (84-114) for PD-182 ���as repealed
and the site ���as rezoned to Neighborhood Residential Mi�ed Use 12 (NRMLT-12) and
Agenda Infoimation Sheet
Februaiti� 5, 2013
Page 2
Neighborhood Resideniial 6(NR-6). In 2012, the northern 19.87 acres ���as rezoned from NR-6
and NFtM[J-12 to NFtMTJ. The southein 239 acres retained the NR-6 zoning classi�ication.
The propern� is currentiv undeveloped and is not platted. A preliminaiy plat (PP12-0012) is
currentiv under revie��� bv the Development Revie��� Committee.
Staff sent eighteen (18) certi�ied notices of the public hearing to propert�� o���ners ���ithin t���o
hundred (200) feet of the subject propert�� and eight-four (84) noiices to residents and propern�
o���ners ���ithin �ive hundred (500) feet of the propern�. As of this ���riting, staff has received one
(1) noiice in opposiiion to the request.
PRIOR ACTION
1. Apri125, 2012, Plannii� and Zoning Commission Public Hearing (Zl 1-0024)
2. June 5, 2012, Cin� Council Public Hearing (Z11-0024)
3. Januan� 9, 2013, Planning and Zoning Commission Public Hearing (S 12-0004)
4. Januan� 9, 2013, Planning and Zoning Commission Public Hearing (ESA 12-0009)
5. Januan� 9, 2013 Planning and Zoning Commission Meeiing (ATP 12-0001)
OPTIONS
1. Approve as submitted.
2. Approve ���ith conditions.
3. Denv.
4. Posipone consideration.
5. Table item.
RECOMMENDATION
The Planiiing and Zoning Commission recommends APPROi�AL of S12-0004, subject to the
follo���ing condiiions related to the Specific Use Peimit (S 12-0004), Alteinative Envuonmentallv
Sensiiive Area Plan (ESA 12-0009) and the Alternaiive Tree Plan (ATP 12-0001).
SUP Conditions:
1. The Denton Development Code requu-es that a Specific Use Peimit (SUP) shall e�pue
��-ithin t���enn�-four (24) months from the date of approval if all requued Cin� peimits for
development are not obtained and consi�uciion, if applicable, has not commenced.
Consi�uciion for Phase II shall begin ���ithin 24 months from the date of ���hen the �ust
Certificate of Occupancy is issued for Phase L If consi�uction has not commenced on
Phase II in accordance ���ith the DDC, then the SUP for Phase II ���ill e�pu-e accordingly;
2. The access point located on the ���est side of the propert��, if requued, adjacent to
Mozingo Subdivision shall be used for emergency access onlv and shall be gated;
3. Any part of anv building ���ithin 100 feet of the north propern� line ���ill be designed ���ith
reasonable sound attenuation consi�uciion methods ���ithin the building to address the
Agenda Infoimation Sheet
Februaiti� 5, 2013
Page 3
noise from the railroad (e.g. thicket°��alls and i�rs°rrlatio�r, sozr�rd 1°esistmrtwi�rdo��s, etc.);
4. The mulii-familv development is limited to t���o-hundred ninen�-four (294) units;
5. Thirn�-�ive percent (35%) of the requued parl:ing shall be covered ���ith caiports;
6. A minimum i�-ee preservaiion of thirty percent 30% (e�ceeds the 25% requued) shall be
provided. Preseived i�ees ���ithin the Alteinate ESA Plan (ESA12-0009) and the ���estein
i�ee buffer mav be counted to���ard the preseivation requu-ement.
7. A minimum i�ee preseivaiion area of 2.75 acres, inclusive of the Alternate ESA Plan
(ESA 12-0009) and the ���estern buffer is requu-ed;
8. Tree preseivation and miiigaiion (222 inches) ���ill be calculated and designed ���ith the
landscape plans for Phase II; and
9. Buildings and parl;ing spaces in Phase I mav be reasonablv adjusted, subject to the
approval of the Duector of Planning and Development or theu- designee, during the
consi�uction of Phase I in an effort to save anv notable i�-ees idenii�ied in the immediate
area of the feature to be adjusted. Anv i�-ees 6 inch and above properl�� idenii�ied,
protected and saved in Phase I ���ill count to���ard the total i�ee preservaiion requirement.
Alternati��e Tree Plan (ATP12-0001) Conditions:
1. A total of 222 inches of addiiional i�ees shall be preserved bevond the minimum
requu-ement. If Phase II consi�uciion has not commended ���ithin 24 months of the
issuance of Certificates of Occupancy (CO's) for Phase 1, then either the mitigating trees
(222 inches) ���ill be idenii�ied in the �ield and protected in accordance ���ith the DDC or
the mitigaiing fee of $18,500 for 148 inches shall be paid into the i�-ee fund;
2. Trees ���ithin the Alteinate ESA area (ESA12-009) shall not be used to���ards the i�ee
miiigation (222 inches) called for in the ATP;
3. Trees mav not be removed from areas A, B or I, as indicated on E�hibit 8, until either a
site plan has been approved bv the Plaiiiiiiig Deparhment for Phase II or a i�ee
removaUclearing and grading peimit has been approved. Also, the miiigation i�-ees (222
inches) must be identi�ied in the �ield and protected in accordance ���ith the DDC; and
4. The i�ees identi�ied for miiigaiion (222 inches) shall be protected ���ith orange fencing
tlu-oughout the consi�uction process of Phase II; consi�-uciion mav not enter the Critical
Root Zone, as described in Site Criteria Manual.
Agenda Infoimation Sheet
Februaiti� 5, 2013
Page 4
�Alternative�SA Plan (ESA12-0009) Conditions: - comment [ntsi�: Piease�,r�i�epageb��eaits �
� — — — — — insteadofEnters.
1. The applicant shall preserve 1,535 i�ee inches along the ���estein propert�� boundaiv. The
aforementioned preservation includes miiigation for the 570 inches proposed to be
removed from the ESA riparian buffer and a ten (10) — foot Type B buffer; and
2. Preserved i�ees ���ithin the Alternaiive ESA Plan located on the ���estern propern� line
shall be used to���ard the i�-ee miiigaiion requu-ement (222 inches) for the ATP (ATP12-
0001).
The Development Revie��� Committee (DRC) recommends APPROi�AL of S 12-0004, subject to
condiiions.
EXHIBITS
1. DRC Staff Report
2. Site Locaiion/Aerial Map
3. Zoning Map
4. Future Land Use Map
�. ESA Map
6. Noii�ication Map
7. Concept/Site Plan
8. Alteinaiive Tree Plan
9. Alteinaiive ESA Plan
10. Applicant Letter of Intent
11. Site Photos
12. Januaiti� 9, 2013 Planning and Zoning Commission Meeting Minutes
13. Ordinance
Agenda Infoimation Sheet
Februaiti� 5, 2013
Page 5
Respectfully submitted:
� rr
''"� ,�-�;� r� ��...,� -.
, �,,
Brian Locl:lev, AICP, CPM
Plaiiiiiiig and Development, Duector
Prepared by:
���ia�t.�a�
Johnna M. Matthe���s
Senior Planner
Exhibit 1
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: January 9, 2013 TYPE: Specific Use Permit
CC Date: February 5, 2013 PROJECT #: 512-0004
Project Number:
Request:
S 12-0004, Magnolia Apartments
A Specific Use Permit (SUP) to allow for a multi-fanuly
development
Applicant: Allison Engineering Group
4401 N I-3 5, Suite 102
Denton, TX 76207
Property Terry Moore, Auguilar Properties
Owner: 14860 Montfort, Suite 107
Dallas, TX 75284
Location:
Size:
Existing Zoning
Designation:
Future Land Use
Case Planner:
DRC Recommendation:
P&Z Recommendation:
SUP Conditions:
The property is located at the southwest corner of Mingo Road and
Nottingham Drive.
19.87 acres +/-
Neighborhood Residential Mixed Use (NRMU)
Neighborhood Center
Johnna M. Matthews
The Development Review Committee (DRC) recommends
App�ovccl of S 12-0004, subj ect to conditions.
The Planning and Zoning Comnussion recommends Approval of
512-0004, subject to the following conditions:
1. The Denton Development Code requires that a Specific Use Permit (SUP) shall expire
within twenty-four (24) months from the date of approval if all required City pernuts for
development are not obtained and constniction, if applicable, has not commenced.
Constniction for Phase II shall begin within 24 months from the date of when the first
Certificate of Occupancy is issued for Phase L If constniction has not commenced on
Phase II in accordance with the DDC, then the SUP for Phase II will expire accordingly;
2. The access point located on the west side of the property, if required, adj acent to
Mozingo Subdivision shall be used for emergency access only and shall be gated;
3. Any part of any building within 100 feet of the north property line will be designed with
reasonable sound attenuation constniction methods within the building to address the
noise from the railroad (e.g. thicke� waJJs and insuJation, sound �esistantwindows, etc.);
4. The multi-family development is limited to two-hundred ninety-four (294) units;
5. Thirty-five percent (35%) of the required parlcing shall be covered with carports;
6. A nunimum tree preservation of thirty percent 30% (exceeds the 25% required) shall be
provided. Preserved trees within the Alternate ESA Plan (ESA12-0009) and the western
tree buffer may be counted toward the preservation requirement.
7. A nunimum tree preservation area of 2.75 acres, inclusive of the Alternate ESA Plan
(ESA12-0009) and the western buffer is required;
8. Tree preservation and nutigation (222 inches) will be calculated and designed with the
landscape plans for Phase II; and
9. Buildings and parlcing spaces in Phase I may be reasonably adjusted, subject to the
approval of the Director of Planning Department or their designee, during the
constniction of Phase I in an effort to save any notable trees identified in the immediate
area of the feature to be adjusted. Any trees 6 inch and above properly identified,
protected and saved in Phase I will count toward the total tree preservation requirement.
Alternative Tree Plan (ATP12-0001) Conditions:
1. A total of 222 inches of additional trees shall be preserved beyond the minimum
requirement. If Phase II constniction has not commended within 24 months of the
issuance of Certificates of Occupancy (CO's) for Phase 1, then either the nutigating trees
(222 inches) will be identified in the field and protected in accordance with the DDC or
the nutigating fee of $18,500 for 148 inches shall be paid into the tree fund;
2. Trees within the Alternate ESA area (ESA12-009) shall not be used towards the tree
mitigation (222 inches) called for in the ATP;
3. Trees may not be removed from areas A, B or I, as indicated on Exhibit 8, until either a
site plan has been approved by the Planning Department for Phase II or a tree
removal/clearing and grading pernut has been approved. Alsq the nutigation trees (222
inches) must be identified in the field and protected in accordance with the DDC; and
4. The trees identified for mitigation (222 inches) shall be protected with orange fencing
throughout the constniction process of Phase II; constniction may not enter the Critical
Root Zone, as described in Site Criteria Manual.
Alternative ESA Plan (ESA12-0009) Conditions:
1. The applicant shall preserve 1,535 tree inches along the western property boundary. The
aforementioned preservation includes mitigation for the 570 inches proposed to be
removed from the ESA riparian buffer and a ten (10) — foot Type B buffer; and
2. Preserved trees within the Alternative ESA Plan located on the western property line
shall be used toward the tree nutigation requirement (222 inches) for the ATP (ATP12-
0001).
Summary of Analysis
The Denton Development Code, Subchapter 35.52.2, requires approval of a Specific Use Permit
(SUP) for multi-fanuly dwellings within an NRMU zoning district.
The criteria for approval of a SUP is provided in Subchapter 35.6.4 of the Denton Development
Code, which states that SUPs shall be issued only if all of the following conditions have been
met:
1. That the specific use will be compatible with and not injurious to the use and enjoyment of
other property nor significantly diminish or impair property values within the immediate vicinity;
7'�/E', E',.KdS//Yl�' 1'E',S/1'dC/dOYlS 11�d/�/dYl /�/E', 1v1�M�% Z()YI/Yl�' L�dS/1'dC/, /�/E', %C/YIL�SCC/�E', h1lf fE',1'S 1'E',C�1lll'E',L� C/%()Yl�'
f�'/E', 11�E',SfE',1'YI �JI'O�JE',1'1'I JdYlE', C/YIL� f�'/E', SO1lf�'/E',C/SfE',1'YI �JI'O�JE',1'1'I JdYlE',, f1'E',E', �JI'E',SE',1'VC/fd()YI 1'E',C�1ld1'E',1�2E',YIfS, f�'/E',
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YIO/ lYlJ1l1'd01lS /O /�/E', 1lSE', C/YIL� E',YlJOy1�2E',YI/ Of C/L�JC/CE',YI/�1'()�E',1'/dE',S. IYI C/L�L�d/dOYl /O /�/E', 1'E',C�1ldl'E',L� 7'y�E', li'
li'1l�E',1' 1'E',C�1ldl'E',L� C/%()Yl�' /�/E', 11�E',S/E',1'YI �1'()�E',1'1y %dYlE',, /�/E', C/��%dCC/YI/ �1'()�OSE',S /O 1�2C/dYl/C/IYI C/ �/E',C/Vd%y
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S/Yl�'%E', fC/1�2d%y S1l�JL�dVdSd()YI C/YIL� /�/E', �JI'O�JOSE',L� 1�11!%/d—fC/1�2d%y L�E',VE',%O�J1�2E',YI/.
2. That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property;
The p��c�pe��ties located east of ayld solrth of the szte a��e c1r����eyltly lryldevelc�pec�'. Excllydiylg the
C01�21�21lYldly �'C/1'L�E',YI %OCC//E',L� OYI /�/E', E',C/S/ SdL�E', Of lv0///Yl�'�/C/1�2 I)1'dVE',, /�/E', 1'E',1�2C//YIIYl�' 1lYIL�E',VE',%()�E',L�
p�ope�ties east and south of the site a�e owned by the owne� of the subject SUP; Agrsila�
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of these adjacent p�ope�ties. In fact, the p�ope�ty to the south will be enhanced by the
L�E',VE',%O�J1�2E',YI/ 11�d/�/ YlE',C/1'hy Cd1y SE',1'VdCE', %dYlE',S S1lC�/ C/S 11�C//E',1' C/YIL� SE',11�E',1' C/YIL� L�1'C//YIC/�'E', SyS/E',1�25
associated with the subjectp�oject.
3. That adequate utilities, access roads, drainage and other necessary supporting facilities have
been or will be provided;
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��01�21�2d//E',E', �l)����. AL�E',C�1lC//E', 1!/d%d/dE',S, C/CCE',SS C/YlL� L�1'C//YIC/�'E', SyS/E',1�25 C/1'E', 1'E',C�1ld1'E',L� /O S1l�J�JOI'/ /�/E',
L�E',VE', I ()�1�2E',YI l.
4. The design, location and arrangement of all driveways and parlcing spaces provides for the
safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the
general public or adj acent developments;
All p��c�posed c�'i�zve���ays ayld pa��kzylg spaces ���zll be ��eqlrz��ed to r��eet the ��eqlri��er��eylts of the
Denton Developnient Code and c�ite�ia nianuals. The niajo� access is p�oposed on Nottinghani
D�ive. No access (othe� than enie�gency vehicles) to the adjacent single faniily subdivision is
p��c�posec�'. The iylte��ylal ��oac�'.s ���zll be p��zvate ayld the pa��kaylg access ayld locatioyl has beeyl
designed to niininiize vehicula� and pedest�ian conf7icts. Access to the so�sthe�n 23.9 ac�e t�act
���zll be p��ovzdec�'
5. That adequate nuisance prevention measures have been or will be taken to prevent or control
offensive odor, fumes, dust, noise and vibration;
The applicant p�oposes to p�ese�ve a heavily wooded a�ea of t�ees along the weste�n p�ope�ty
%dYlE',. 7'�/E', C/1'E',C/ 11�d%%�1'OVdL�E', YIOdSE', C/YIG� Vdhl'C//d()YI �1'E',VE',YI/d()YI fl'01�2 L�C/d%y 1'C/d%1'OC/L� /1'C/ffdC. 7'y�dCC/%
COYIS/1'1!C/dOYI �1'C'VC'YI/dOYI 1�2C'C/S1l1'C'S 11�1%% hC' 1!/d%dZC'L� L�1l1'/Yl�' COYIS/1'1!C/dOYl /O 1�21YId1�2dZC' /%?C' d1�2�C/C/.
6. That directional lighting will be provided so as not to disturb or adversely affect neighboring
properties; and
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1'E',C�1lll'E',1�2E',YI/S dYlC%1!�/Yl�' OYlE',—�/C/%f f00/ CC/YIL�%E', Of d%%1l1�2/YIC//d()YI C// /�/E', �1'()�E',1'1y %dYlE',, %d�'�//S S�/C/%% �/C/VE',
�1'O/E',C/dVE', S�/dE',%LL��SS C/YIL� C/1'E',C/S L�E',Sd�YlC//E',L� f01' �E',L�E',S/1'dC/YI 1lSE', S�IC/%% �1'OVdL�E', C/ 1�2/YId1�21l1�2 Of OYlE',—f00/
CC/YIL�%E', Of d%%1l1�2/YIC//d()Yl.
7. That there is sufficient landscaping and screening to ensure harmony and compatibility with
adj acent property.
IYI /�/E', E',.KdS//Yl�' Z()YI/Yl�' L�dS/1'dC/ Of 1v1�M�% 111�E',Yl1y ������ �JE',1'CE',YI/ %C/YIL�SCC/�J/Yl�' dS 1'E',C�1ldl'E',L�; -���� /1'E',E',
canopy cove�, a n�ininiuni of 7% of the pa�king lot shall be landscaped and a niininiuni of 1�% of
the ��eqlrz��ed pa��kaylg shall be cove��ed by t��ee caylopy. Additioylally, the a�plicaylt p��c�poses to
�1'E',SE',1'VE', C/YI E',.KdS//Yl�' �/E',C/Vd%y 11�OOL�E',L� C/1'E',C/ C/%()Yl�' /�/E', 11�E',S/E',1'YI �1'()�E',1'1y %dYlE',, 11��/dC�/ 11�d%% C/%SO
dYlC%1lL�E', C/ 7'y�E', li' h1l�E',1' dYl /�/dS C/1'E',C/. I,C/YIL�SCC/�dYl�', h1lf fE',1'/Yl�' C/YlL� 01' SCI'E',E',YI/Yl�' dS C/%SO �1'()�OSE',L�
along Nottinghani D�ive to the east and along the Faith Tabe�nacle Assenibly of God p�ope�ty to
the south and east.
Findings of Fact
1. The pa��eylt t��act zylcllydes a�p��oxzr��ately -13.7? ac��es. The ��eqlrest zs fo�� a�p��oval c�f a
�S�E',CdfdC �%SE', PE',1'1�2d1 ��5��%P� lO Clll011� Cl 1�21!lld—fCl1�2dly L�E',VE',l()�1�2E',YII ()YI I�.cS'% CICI'E',S Of l�lE',
total l3. 72 ac�es.
2. The applicant p�oposes a niulti faniily developnient to be const�ucted in two (2) phases;
P�/C/SE', 11�d%% dYlC%1lL�E', 1!� /O 1-�cS' 1lYld/S ()YI C/��1'O.Kd1�2C//E',%y 11 C/CI'E',S C/YIL� /�/E', C/��%dCC/YI/ OI'd�lYlC/%%y
/YIL�dCC//E',L� /�/C// P�/C/SE', � 11�01!%L� dYlC%1lL�E', 1!� /O 1�cS' /OI cS'� 1lYld/S ()YI C/��1'O.Kd1�2C//E',%y � C/CI'E',S.
.3. PI'd01' /O /�/E', ���� Cd1y-11�dL�E', 1'E',Z()YI/Yl�', /�/E', S7/E', 11�C/S %OCC//E',L�11�d/�//YI PI)—IcS'�. Af/E',1' /�/E', Cd1y—
wide �ezoning in 2002, the p�ope�ty was �ezoned to NRMUand NR-6.
-�. i�Yl .J1lYlE', J, ��1 �, /�/E', ��d1y ��01lYICd% C/��1'OVE',L� C/YI OI'�/YIC/YICE', 1'E',Z()YI/Yl�' /�/E', YIOI'/�/E',1'YI
app�oxiniate 19.87 ac�es fi°oni NR-6 and NRMU-12 to NRMU. The �°eniaining
C/��1'O.Kd1�2C//E', �.3.cS'J C/CI'E',S 1'E',/C/dYlE',L� d/S lv�—� Z()YI/Yl�' L�E',Sd�YlC//d()Yl.
�. The F1rtlr��e Layld tl,se deszgylatioyl fo�� the szte zs Nezghbo��hood C'eylte��.
<. C'zty-���zde, the��e a��e a�p��oxzr��ately 1,133.03� ac��es of layld located ���zthiyl ayl NRMtI
zoyliylg dist��zct. Of the total NRMtI ac��es ���zthzyl the C'zty, �<-1.-18 ac��es a��e develc�pec�',
leaviylg a�p��oxzr��ately �<8.��-1< ac��es lryldevelc�pec�'.
7. Withiyl 1 sqlra��e r��zle of the szte, the��e a��e a�p��oxzr��ately 1«.-1�93 ac��es of layld located
11�d/�//YI C/ 1v1�M�% Z()YI/Yl�' L�dS/1'dC/. A��1'O.Kd1�2C//E',%y cS'�.J ���-� C/CI'E',S C/1'E', L�E',VE',%()�E',L� C/YIL�
a�p��oxzr��ately 79.930?� ac��e lryldevelc�pec�'
cS'. ACCOI'�/Yl�' /O /�/E', .JC/YI1lC/7'y, ��1 ��S�/C/YIL� �E',�OI'/, /�/E', C1l1'1'E',YI/ S/Yl�'%E',—fC/1�2d%y /O 1�21!%/d—fC/1�2d%y
1'C//d0 dS JcS'% �S/Yl�'%E',—fC/1�2d%y� /O -���� �1�11!%/d—fC/1�2d%y�. 7'�/E', Cd1y�S �'OC/%, C/S S/C//E',L� dYl /�/E',
� �01�2�JI'E',�lE',YISdVE', PlCIYI dS J�: -�-�.
9. Adjacent zoning dist�icts include Neighbo�hood Residential 3(NR-3) to the no�th;
Nezghbo��hood Reszdeyttial -1 (NR--l) to the solrth; Nezghbo��hood Reszdeyttial -1 (NR--l) to
the ���est ayld Nezghbo��hood Reszdeyltial -1 (NR--l), ayld Nezghbo��hood Reszdeyltial ?(NR-
?) ayld Nezghbo��hood Reszdeyltial Mixed lrse to the east.
1 �. 7'�/E', S1l1'1'O1lYl�/Yl�' C/1'E',C/ dS L�E',VE',%O�JE',L� 11�d/�/ C/�'1'dC1!%/1!1'C/%, 1'E',%d�'d01lS, S/Yl�'%E', fC/1�2d%y 1lSE',S C/YIL�
a�p��oxzr��ately -l0 ac��es ��er��aiyl lryldevelc�pec�'. No��th of the szte zs lryldevelc�ped layld
�%C///E',L� dYl /�/E', �S�E',C�1lOdC/ PC/1'%i AL�L�d/d()Yl. WE',S/ Of /�/E', S7/E', dS C/ S/Yl�'%E', fC/1�2d%y S1lhL�dVdS7()YI
�J%C///E',L� dYl /�/E', l�OZ/Yl�'O AL�L�d/d()Yl. EC/S/ Of /�/E', Sd/E', dS 1lYIL�E',VE',%O�JE',L� %C/YIL� 011�Y1E',L� hy I)E',YI/()YI
Bible Chu�ch; and south of the site is Faith Tabe�nacle Assenibly of God.
11. A st�eani buffe� E,SA is located along the existing channel on the no�theast q�iad�ant of
the p��c�pe��ty. The st��ear�� blrff'e�� E,S'A exteylc�'.s frfty (�0) feet fi'�or�� the ceylte�� Jiyle of the
existing channel fo� a total width of 100 ft. Uses �vithin a�eas designated as st�eani
buffe�s a�e �egrzlated in DDC. Section 3�.17.8. No st�uctu�es o� enc�oachnients a�e
allo���ed zyl a��eas deszgylated as st��ear�� blrff'e��s, lrylless ayl Alte��ylative E,S'A Playl zs
C/�J�JI'OVE',L� �Jy /�/E', ��d1y ��01lYICd%. �d�JC/1'dC/YI E',Yl�/C/YICE',1�2E',YI/ OI' 1'E',S/OI'C//d()YI C/C/dVd/dE',S C/1'E',
�E',1'1�2d llE',L�
1 �. 7'�lE', Cl��ldCCIYII CllSO S1lh1�2d1/E',L� Cl��ldCClld()YI f01' CIYI AlIE',1'YICIIdVE', E�S�A PlCIYI �E�S�A1 �—����� lYI
coyljlrylctioyl ���zth the ��eqlrest fo�� the ,S'tIP as ���ell as ayl Alte��ylative Ti�ee Playl (ATPI?-
0001)
1.3. 7'�/E', Sd/E', dS YIO/ �%C///E',L� PI'E',%d1�2/YIC/ly GYIL� f/YIC/% �%C////Yl�' dS 1'E',C�1ldl'E',L� �1'd01' /O /�/E',
L�E',VE',%()�1�2E',YI/ C/YIL� /�/E', dSS1lC/YICE', Of h1ld%�/Yl�' �E',1'1�2d/S. A�1'E',%11�2/YIC/1'y �%C// �PPI �—��1 �� dS
C1l1'1'E',Ylf%J/ 1lYIG�E',1' 1'E',VdE',11� h,I f�'/E', I)E',VE',%()�1�2E',Ylf �E',VdE',11� ��01�21�2dffE',E', f01' f�'/E', E',Ylfdl'E', -�.3. %7— C/CI'E',
t�act.
1-�. 7'�/E', PC/1'%i I,C/YIL� I)E',L�dCC//dOYl i�l'�/YIC/YICE', 11�d%% C/��%y /O /�/dS 1'E',SdL�E',YI/dC/% L�E',VE',%()�1�2E',YI/. 7'�/dS dS
/YI 111�0 SE',C/dOYlS, /�/E', fdl'S/ C// /d1�2E', Of P%C////Yl�' C/YIL� /�/E', SE',C()YIL� C// /d1�2E', Of Oh/C//YI/Yl�' C/ h1ld%�/Yl�'
�JE',1'1�2d l. ` `
1�. Nottinghani Road is classified as a,Seconda�y Majo� A�te�ial (110' ROW) pe� the City of
Deyltoyl Mobzlity Playl. Fifty-five (��) feet fi'�or�� the ceylte��liyle of the ��oad to the p��c�pe��ty
Jiyle zs ��eqlrz��ed to be dedicated as ��zght-c�f=���ay.
1�. 7'�lE', YIOI'I�IE',1'YI L�1'dVE', dS 1'E',C�1ldl'E',L� lO hE', lOCCIIE',L� Cl 1�2/YId1�21l1�2 Of ���—fE',E',l fl'01�2 /�lE', 1'Cldl1'OCIL�
1'd�'�//—Of-11�C/y %dYlE',.
17. The southe�n d�iveway is �eq�ii�ed to line up ac�oss Aud�a Lane.
18. Const�uction of � ft. sidewalks is �equi�ed along Nottinghani Road fi°ontage pe� ,Section
1.1.1. of the City of Denton (COD) T�anspo�tation C�ite�ia Manual.
1�. A 7'1'C/f fdC 11�2�C/C/ AYIC/%yS7S �7'IA� 1�2C/y hE', 1'E',C�1ldl'E',L� C// /�/E', /d1�2E', Of �%C////Yl�', L�E',�E',Yl�/Yl�' OYI /�/E',
/1'd� �'E',YlE',1'C//d()YI L�C//C/ /YI C/CCOI'L�C/YICE', 11�d/�/ /�/E', ��i�l) I)E',VE',%()�1�2E',YI/ ��OL�E', �S�E',C/d()YI
3�.20.2.M.2.
��. �S�d�YlC/% COS/ �C/1'/dCd�C//d()YI 11�d%% hE', 1'E',C�1ldl'E',L� f01' /�/E', dYl/E',1'SE',C/dOYl Of lv0///Yl�'�/C/1�2 �OC/L� C/YIL�
A1rc�'i�a Layle.
?1. Pe�� C'OD ,S'olid Waste C��zte��za Mayllral, -1 szylgle d1rr��pste�� eylcloslr��es, ? dlral eylcloslr��es
o� 1 conipacto� is �equi�ed to se�ve this developnient.
� �. A L�1'C//YIC/�'E', GYIC/%yS7S dS 1'E',C�1ldl'E',L� 1!�()YI �%C////Yl�'.
�.3. A�J1l�J%dC L�1'C//YIC/�'E', E',C/SE',1�2E',YI/ dS 1'E',C�1ldl'E',L� /O �JE', L�E',L�dCC//E',L� f01' /�/E', � C�/C/YIYlE',%S. 7'�/E', E',C/SE',1�2E',YI/
shall be a 1 � ft offset fi°oni 100 yea� WSEL.
�-�. 7'�/E',1'E', C/1'E', %iY1011�Y1 E',1'OS7()YI dSS1lE',S OYI /�/E', YIOI'/�/E',1'YI C�/C/YIYlE',%. ���/C/YIYlE',% 1'E',/Y1f01'CE',1�2E',YI/ dS
��eqlrz��ed at the ��azl��oad olrtf'all locatioyl ayld at the beyld locatioyl.
�J. WC//E',1' dS C/VC/d%C/h%E', fl'01�2 /�/E', E',.KdS//Yl�' cS'—dYlC�/ 1�2C//YI C/%()Yl�' lv0///Yl�'�/C/1�2 I)1'dVE',. I,O()�/Yl�' Of,
wate� niains is necessa�y in o�de� to satisfy doniestic and fi�e f7ow deniands.
��. �S�E',11�E',1' dS C/VC/d%C/�J%E', VdC/ /�/E', E',.KdS//Yl�' 1 �—dYlC�/ �'1'C/Vd1y 1�2C/dYl /�IC// 1'1lYIS �'E',YlE',1'C/%%y SO1!/�/11�C/1'L�
th�ough the weste�n side of the p�ope�ty.
?7. The yle��� elect��zc se��vzce ���zll be pe�� DME's Elect��zc ,Se��vzce ,S'taylda���'
Development Review Committee
The Development Review Comnuttee finds that the request IS CONSISTENT with the general
character of the area and IS CONSISTENT with the Denton Plan.
The Development Review Committee (DRC) recommends APPROVAL of S 12-0004, subj ect to
conditions, within the Agenda Information Sheet (AIS).
GENERAL NOTES
�rOTE: Approval of this request .�Jzall rzot corzstitute a�naiver or var^iarzce fi^onz arzy applicable developnzerzt
requir^enzerzt urzless specifically rzoted irz the corzditiorzs of approval arzd corz.�isterzt �rith the Derztorz
Developnzerzt Code.
�rOTE: All >>�r^itterz comnzerzts nzade irz the applicatiorz arzd subsequerztsubmissiorzs of'irzf'or^nzatzorz nzade durirzg the
applicatiorz r^evie��� process, �rluch are orz file �nith tlie Cit�> ofDerztorz, shall be corzsidered to be birzdirzg
upo�z the applicarzt, provided such conznze�zts are rzot at var^iarzce �ritli the Derztorz Plarz, Derztorz
Developnze�zt Code or other developnzerzt regulatiorzs irz eff"ect at tlie tinze of'developnzerzt.
Surrounding Zoning Designations and Current Land Use Activity:
North�i est: North: Northeast:
Neighborhood Residential3 (NR-3) Neighborhood Residential3 (NR-3) Neighborhood Residential Mixed
(Single-family� subdi��ision) (Single-family� subdi��ision, Use (NRMU)
Unde��eloped) (Church)
West: � ' � East:
Neighborhood Residential � (NR-�) - : � � � � � ' - � - - � Neighborhood Residential2 (NR-2)
(Single-family� subdi��ision) ' Neighborhood Residential Mixed
- • � � � � � ' - � - , • ' • Use (NRMLT)
� - - � � - � (LTnde��elo ed)
South�i est: South: Southeast:
Neighborhood Residential �(NR-�), Neighborhood Residential �(NR-�) Neighborhood Residential �(NR-�)
Neighborhood Residential6 (NR-6) (Church) (Single family� subdi��ision)
(Sinale-familti� subdi��ision)
Sorrrce: C'ity of�l�errtorr Geographicallrrforrrzafzorr Systenz arrd site visit by C'ity staff
Summary of Surrounding Zoning Designations and Current Land Use Activity:
The area within '/4 mile radius of the site is comprised of approximately 217 acres. Uses within a
'/4 nule radius of the site are limited to agricultural uses, religious uses, single fanuly
subdivisions and undeveloped land. Specifically, within a'/4 nule radius, there are
approximately 82.933 acres which are considered agricultural uses; 13.03 acres are developed
with religious uses, such as churches; 80.73 acres are developed with single-family subdivisions;
and approximately 40.19 acres remain undeveloped.
Comprehensive Plan:
The underlying future land use designation is Neighborhood Center. The Denton Plan states that
within the undeveloped urban and urbanized areas of the city, new neighborhoods may develop
in traditional patterns. Mixed-use and nuxed housing types will be allowed to develop in a
pattern of `neighborhood centers.' These are oriented inwardly, focusing on the center of the
neighborhood. These neighborhoods will exemplify the interrelationship between quality of
development, density, services and provision for adequate facilities. These developments should
locate the center of the neighborhood within a five (5) to ten (10) nunute wallcing distance from
the edge of the neighborhood. These support uses could include service-oriented retail such as a
small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at
higher densities with townhomes or residential flats above service oriented uses. Open space
occurs in neighborhood centers with park uses including central neighborhood "greens" and
floodplain preservation. Civic uses such as fire stations, schools, libraries and mass
transportation nodes are encouraged to be essential elements of neighborhood centers as
landmarlcs that are a focus to the neighborhood. Limited multistory development in the
neighborhood may be developed to incorporate shops on the ground floor and offices or
residences on the upper floors.
Nearest Elementary, Middle, and High School
According to the Denton Independent School District (DISD), elementary-school aged students
who lived in the proposed multi-fanuly development would attend Lee Elementary School. The
functional capacity of Lee Elementary School is 740 students. The existing capacity is 594
students (80%). Calhoun Middle School is the school that middle school aged students would
attend. The functional capacity of Calhoun Middle School is 1,000 students. The existing
capacity is 825 students (83%). High-school aged students would attend Denton High School.
The functional capacity for Denton High School is approximately 2,000 students. The existing
capacity is approximately 1,829 students (91%).
Name of School Approgimate Distance Egisting % Capacity Project's Estimated Annual
From Sub'ect Pro �ert�� Stuclent Generation
Lee Elementary 1 mile f 80% 18
School
Calhoun Middle 2.5 miles � g3% �
School
Denton Hi h School 3 miles � �1% �
Sorrrce: l�errtorr lrrdeperrderrt School l�isfrict
Nearest Fire and EMS Station
Name of Station I APProgimate Distance From
Fire/EMS � Fire Station # 2(3309 E. 1V
S'oz�r^ee: ('it�> of'Deritc�ri C7IS', Fir^e Depar^tr��erit, crric�E_11S'
Water and Wastewater Demand and Capacity:
A. Estimated Demand:
Sub'ect Pro �erty Estimated Im �act Analysis
19.87 acres f Proposed Demand Adequate to Serve (Yes
or No
Permitted Densin� 30 du/acre for NRMU Yes
Potable Water
Consumprion at 697 Yes
eak hour (GPM)
Waste�� ater
Generation at peak �1� Yes
hour (GPM)
B. Available Capacity:
2.1� miles f
The anticipated water demand for this development is approximately 697 gallons per minute
(GPM) and the anticipated wastewater demand is 414 GPM Water is available from the existing
8-inch main along Nottingham Drive. Sewer is available via the existing 12-inch gravity main
that nins generally southward through the western side of this property. The water and sewer
mains at this location have sufficient available capacities to accommodate the projected demands
associated with the proposed zoning, at its highest and most intense use.
C. CIP Planned Improvements:
None
Roadways/Transportation Network:
A. Estimated Demand:
Sub'ect Pro �erty Estimated Im �act Analysis
19.87 acres f Proposed Demand Adequate to Serve (Yes
or No)
Permitted Densin� 30 du/ acre Yes
A� erage Aiunial �,��� Yes
Dailti� Tiips (AADT)
PM Peak Hour Tiips 399 Yes
B. Available Capacity:
Nottingham Road is classified as an improved perimeter street with a width of approximately 40
feet.
C. Roadway Conditions:
Nottingham Road is classified as a Secondary Maj or Arterial, requiring 110 feet of right-of-way
per the COD Mobility Roadway Plan.
D. CIP Planned Improvements:
None
Environmental Conditions:
A stream buffer ESA is located along the existing channel on the northeast quadrant of the
property. The stream buffer ESA extends 50 feet from the center line of the existing channel for
a total width of 100 ft. Uses within areas designated as stream buffers are regulated in DDC.
Section 35.17.8. No stnictures are allowed in areas designated as stream buffers, unless an
Alternative ESA Plan is approved by City Council. Riparian enhancement or restoration
activities would be pernutted. An Alternative ESA Plan (ESA12-0009) will be considered in
conjunction with the request for the SUP.
Electric:
The electrical provider in the area is Denton Municipal Electric (DME).
Exhibit 2
Site Location/Aerial Map
Exhibit 3
Zoning Map
Exhibit 4
Future Land Use Map
Exhibit 5
ESA Map
������
�'�R��;omn I��iP���r'�, E�� IN�II��kpu���� IE"5'�
�I�m������ �� IR��ri�r�!���
�i�G�»4,�rt�, IN��� �W,��a��G�
�Tw�u��^��, ���! � `�4r°�ker� mr�ll�a����
G `-� ���"k'b��� �,�
1��°�� �ir���'�ti�� �� ��� ���nu���dl ���
�`a`�� �i7�,��� �C�r ��� �����a-��� N ���,�
Exhibit 6
Notification Map
V����re��� si2-uuu� ^�
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r�garding ��p+e�iiic Us� P�irrmit (S�d�� Q�w allar�v � ra-i�lti�iamilr� �d�r�����arr��r�rt an �ppr�xnm���l�
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l�h� ��#�Ni� Fv�ariut,z� �ri�l st��ti �t �.3� p.�►, i�n fi�r� �it�r �Cc�ur�cb'N ��h�mti��rs �aF �ity N-1a�i ic�!�ted �� ��� �.
Ntl��V�ln�e� 5t�+��et, l��r�dnn. r+����, 1�'a�c�t�s� yca�r �wra ,�r�p�vty wit�rdn �� tre�n�`re�d (�2(��1) feet �f t'J��
s�r,��act pr�p��,�y, kXae �'f,;��a�i�g �ra� Zc�ra�n� Ccr�rr��ss�vn �^o�Ted l�k� t'� hear �c�� yc��a �as1 al��te� d�rrs
�r�rc�u�s� ��ae� �,�ari�s yo�t da �tten��` �ia� �a�rblfc �r��ra�ag. �Ne���, a�w �a�der� ���r� yr�ur c��a�n�c��n �� b� t�k�r� inta
�c:�c��rrut, cet�u�n t�uis to�rr� �rwih�u ya�ur c�rw�nrr�sc�t5 p�a�� tt� t�u� d!ait� of the publlc C��a��irr�, ��hi� in �� anr��
�rvfail��i� y^C�� f�"n�rt ;�td�n�"�a��� arkd p�rf��cp�sat�rr� �r� t�t� p�rb�i� �������.j Yau rm��r C�x it �c� the nurr��se�r
t�cated �4 the bvn�o�n +ar m�i� i1 t� t��z a�dr�ss b�ic�w �rr dro�r At �f� ��s-p�rsan:
._. ._. . . . F"l��t�aim� a�d� �ev���prrr�nt ���a�r�r�e�t _m.
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i�V���e circ��� or°n�; _..�...._
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LIMITS OF TREE SUB-AREA
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Note: The purpose of the Altemative Tree Preservation Plan
is to allow trees that are preservetl beyountl the minimum
required, to be utilized towards mitigation for the removal
of Proteded Trees.
Trees designated for mitigation shall be identifed prior to
any trees being removed or disturbed within Area A.
Only elm and oak species shall be utilized towards mitigation.
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Exhibit 10
Applicant Letter of Intent
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Exhibit 11
Site Photos
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Above 3 photos talcen along Nottingham Drive loolcing east at the site.
Photo talcen along Nottingham Drive loolcing at the existing drainage channel on site.
Exhibit 12
January 9, 2013 Planning and Zoning Commission Meeting Minutes
Minutes for ATP12-0001
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