HomeMy WebLinkAboutMay 06, 2014 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
May 6, 2014
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, May 6, 2014 at 3:00 p.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
WORK SESSION
Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each
speaker will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for May 6, 2014.
3. Receive a report, hold a discussion, and give staff direction regarding Specific Use
Permit (SUP) to allow construction of a wet weather pump station and detention facility
use on a property located in a Neighborhood Residential2 (NR-2) zoning and use district
on approximately 65.94 acres. The subject property is generally located west of Country
Club Road and KCS Railroad, east of Fort Worth Drive, and south of Bent Creek Estate
residential subdivision. (514-0002, Hickory Creek Denton Facility)
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
Closed Meeting:
A. Deliberations regarding Consultation with the City Attorney — Under Texas
Government Code Section 551.071, Deliberations regarding Economic
Development Negotiations — Under Texas Government Code Section 551.087.
Receive a report and hold a discussion regarding legal and economic
development issues regarding the creation of a public improvement district
and proposed amendments to the economic development incentive
agreements for the Rayzor Ranch mixed-use development. This
discussion shall include commercial and financial information the City
Council has received from Rayzor Ranch developers which the City
Council seeks to have locate, stay, or expand in or near the territory of the
city, and with which the City Council is conducting economic
development negotiations; including the offer of financial or other
incentive where the duty of the attorney to the governmental body under
the Texas Disciplinary Rules 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.
City of Denton City Council Agenda
May 6, 2014
Page 2
B. Certain Public Power Utilities: Competitive Matters — Under Texas Government
Code Section 551.086.
l. Receive a briefing and information pertaining to certain competitive
public power and financial issues regarding Texas Municipal Power
Agency ("TMPA") on matters including, without limitation: present and
future plant operations issues, plant and system expenses, maintenance
issues, performance issues, financial issues, reliability issues, planning
issues, and any related issues concerning the City's interest in, and its
business relationship with the Texas Municipal Power Agency; and
discuss, deliberate, and provide Staff with direction regarding such
matters. (Bunselmeyer)
C. Certain Public Power Utilities: Competitive Matters — Under Texas Government
Code Section 551.086; and Consultation with Attorneys — Under Texas
Government Code Section 551.071.
l. Receive competitive public power, financial and commercial information
from Denton Municipal Electric ("DME") staff regarding the acquisition,
integration and implementation of ERCOT Shadow Settlement Software
in its Energy Management Division relating to its power purchase
operations, which includes bidding and pricing information for purchased
power, generation and fuel, and Electric Reliability Council of Texas bids,
prices, offers, and related services for purposes of supporting the Energy
Management Division of DME; discuss, deliberate, provide staff with
direction, consider and take final action. Consultation with the City's
attorneys regarding legal issues associated with the above acquisition
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. (Michael Copeland)
D. Deliberations regarding Real Property — Under Texas Government Code Section
551.072; Certain Public Power Utilities: Competitive Matters — Under Texas
Government Code Section 551.086; and Consultation with Attorneys — Under
Texas Government Code Section 551.071.
l. Discuss, deliberate and receive competitive public power financial and
commercial information from staff and provide staff direction pertaining
to proposed system improvements, plans, additions and potential
purchases of real property regarding the proposed reconstruction of
several electric substations and electric transmission lines, and determine
possible locations for such facilities in various locations in the City of
Denton, Denton County, Texas. Consultation with the City's attorneys
regarding legal issues associated with the potential acquisition and/or
condemnation of the tracts of real property 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
City of Denton City Council Agenda
May 6, 2014
Page 3
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.
E. Consultation with Attorneys — Under Texas Government Code Section 551.071.
Deliberations Regarding Real Property — Under Texas Government Code, Section
551.072.
l. 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 S. McCracken Survey, Abstract No. 817, City of
Denton, Denton County, Texas, and generally located on the north side of
N Loop 288, west of Sherman Drive. 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. (69kV Transmission Line Re-build
Project C8)
2. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the acquisition of real property interests
located (1) in the David Hough Survey, Abstract No. 646, located
generally in the 1400 block of South Mayhill Road; and (2) in the in the
David Hough Survey, Abstract No. 646, located generally in the 1900
block of South Mayhill Road; and (3) in the David Hough Survey,
Abstract Number 646, located generally in the 3900 block of Quailcreek
Road, all tracts located 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 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. (Mayhill
Road Widening and Improvements Project & Municipal Landfill)
F. Consultation with Attorneys — Under Texas Government Code Section 551.071.
l. Consult with and provide direction to City's attorneys regarding legal
issues and strategies associated with Gas Well Ordinance regulation of gas
well drilling and production within the City Limits and the extraterritorial
jurisdiction, including Constitutional limitations, statutory limitations
upon municipal regulatory authority, statutory preemption and/or impacts
of federal and state law and regulations, standstill agreements or
moratoria, and take any appropriate action regarding the above in the
meeting today's date as it concerns municipal regulatory authority or
matters relating to enforcement of the ordinance, including enacting an
City of Denton City Council Agenda
May 6, 2014
Page 4
ordinance to extend a standstill agreement with EagleRidge Energy, LLC
and EagleRidge Operating, LLC or impose a moratorium on gas well
drilling and production.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING
WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS
GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR
VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF
THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SE .(THE TEXAS OPEN MEETINGS AC'1� ON ANY
ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED
MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN
MEETINGS ACT.
Regular Meeting of the City
City Hall, 215 E. McKinnf
considered:
REGULAR MEETING
1.
2.
of Denton City Council at 6:30 p.m. in the Council Chambers at
y Street, Denton, Texas at which the following items will be
PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and
indivisible."
PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
L Motorcycle Safety and Awareness Month
2. Drinking Water Week in Denton
3. Shelter Thy Neighbor Week
4. Exercise is Medicine Month
5. Proclamation from the Denton Fire Department to recognize the heroic
efforts of Denton Landfill Employees who administered aid to save the
life of critically ill person.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
L Isabel Cano regarding bus shelters.
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.
City of Denton City Council Agenda
May 6, 2014
Page 5
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A— GG). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A— GG below will be approved with one motion.
If items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, approving a grant application from Brandon Martino, representing RLB
Investments, LLC, from the Downtown Reinvestment Grant Program not to
exceed $25,000; and providing for an effective date. The Downtown Task Force
recommends approval (14-0). The Economic Development Partnership Board
recommends approval (3-2).
B. Consider approval of a resolution of the City Council of the City of Denton,
Texas, appointing a Primary Member as an official voting representative to the
North Central Texas Council of Governments Regional Transportation Council
("RTC"); and providing an effective date.
C. Consider adoption of an ordinance of the City of Denton, Texas restricting
parking on both sides of Wainwright Street from its intersection with Prairie
Street to its intersection with Sycamore; providing a repealer clause; providing a
savings clause; providing for a penalty not to exceed $500 for violations of this
ordinance; providing that violations of this ordinance shall be governed by
Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an
effective date.
D. Consider adoption of an ordinance of the City of Denton, Texas adding Section
18-38 of the Code of Ordinances relating to the use of wireless communication
devices while driving; by creating Section 18-38 to prohibit the use of wireless
communication devices while operating a motor vehicle except for dialing a
number or talking to another person with certain defenses, providing a repealer
clause; proving a savings clause; providing for a penalty not to exceed $200 for
violations of this ordinance, and providing for an effective date.
E. Consider approval of a resolution by the City of Denton, Texas, authorizing the
City Manager to sign and submit to the Department of Housing and Urban
Development a 2014 Action Plan for Housing and Community Development with
appropriate certifications, as authorized and required by the Housing and
Community Development Act of 1974, as amended, and the National Affordable
Housing Act of 1990, as amended; and providing for an effective date.
F. Consider adoption of an ordinance authorizing the City Manager to execute a
Cooperative Purchasing Program Agreement with the City of Weatherford, Texas
under Section 271.102 of the Local Government Code, to authorize City of
Denton contracts for the purchase of various goods and services; authorizing the
City of Denton City Council Agenda
May 6, 2014
Page 6
expenditure of funds therefor; and declaring an effective date (File 5528—
Cooperative Purchasing Program Agreement with the City of Weatherford).
G. 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 five (5) Chevrolet Tahoes for the City of Denton
Police Department as awarded by the State of Texas Contract 071-072-A1; and
providing an effective date (File 5536 Purchase of Five (5) Tahoes awarded to
Reliable Chevrolet in the amount of $138,819.80).
H. Consider adoption of an ordinance authorizing the City Manager to execute an
Interlocal Agreement with the Denton County Transportation Authority (DCTA)
under Section 791.001 of the State of Texas Government Code, to authorize
DCTA to purchase fuel and fuel management supply services from the City of
Denton at a cost of 1.5% of the mark up on gross fuel receipts; authorizing the
expenditure of funds therefor; and declaring an effective date (File 5527—
Interlocal Agreement with the Denton County Transportation Authority for Fuel
Supply and Management Services).
L Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a First Amendment to a Professional Services
Agreement by and between the City of Denton, Texas and Lloyd Gosselink,
Attorneys-at-Law, for legal services relating to the preparation, development,
submittal, and other associated professional legal services required to secure a
Municipal Solid Waste (MSW) Facility Permit Amendment (MSW Permit 1590-
A) for the City of Denton, Texas MSW Facility; authorizing the expenditure of
funds therefor; providing an effective date (File 4703 in the additional amount
not-to-exceed $400,000; aggregating a total not-to-exceed $480,000). The Public
Utilities Board recommends approval (7-0).
J. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a First Amendment to a Professional Services
Agreement for engineering services by and between the City of Denton, Texas
and Kimley-Horn and Associates, Inc., for engineering services relating to the
Roadway Impact Fee and Rough Proportionality Policy Development for the City
of Denton; authorizing the expenditure of funds therefor; providing an effective
date (File 5436 in the additional amount not-to-exceed $165,000; aggregating a
total not-to-exceed $441,500).
K. Consider adoption of an ordinance accepting competitive proposals and awarding
a public works contract for the construction of the Denton Municipal Electric
Building Renovations; providing for the expenditure of funds therefor; and
providing an effective date (RFP 5506—awarded to Lemco Construction Services,
LP in the amount of $150,000. The Public Utilities Board will consider this item
on May 5, 2014.
L. Consider adoption of an ordinance accepting competitive proposals and awarding
a public works contract for the construction of the North Lakes Driving Range;
providing for the expenditure of funds therefor; and providing an effective date
(RFP 5428—awarded to Synthetic Grass Pros in the amount of $184,374).
City of Denton City Council Agenda
May 6, 2014
Page 7
M. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of Hickory Street road improvements
from Locust Street to Railroad Avenue; providing for the expenditure of funds
therefor; and providing an effective date (Bid 5522—awarded to the lowest
responsible bidder meeting specification, Jagoe-Public Company in the amount of
$2,747,026.70).
N. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the Mayhill Road Improvements Structure Demolition
project; providing for the expenditure of funds therefor; and providing an
effective date (Bid 5467—awarded to the lowest responsible bidder meeting
specification, Midwest Wrecking Co. of Texas, Inc. in the amount of $256,990).
O. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving a three (3) year contract for the City of Denton Human
Resources Department to utilize an on-line pre-employment background check
service, 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
5383 awarded to IntelliCorp Records, Inc. in the annual estimated amount of
$22,000 for a three (3) year not-to-exceed amount of $66,000).
P. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of a High
Definition (HD) Upgrade including the replacement of cameras, audio, and video
equipment for the City of Denton's Council Chambers, Work Session Room and
Denton Television Control Room for Denton Television (DTV), 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 5534 awarded to
Media Rushworks, LLC in the not-to-exceed amount of $190,000).
Q. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for Street Microsurfacing for the City of Denton; providing
for the expenditure of funds therefor; and providing an effective date (File 5529—
awarded to Viking Construction, Inc. in the unit price amount of $3.17 per square
yard for a not-to-exceed amount of $375,000).
R. Consider adoption of an ordinance of the City of Denton, Texas, amending Article
VII, Chapter 10 "Finance and Taxation" of the Code of Ordinances of the City of
Denton to expand eligibility for a tax exemption for historically significant sites;
providing for a severability clause; providing a savings clause and providing for
an effective date. The Historic Landmark Commission recommends approval (7-
0).
S. Consider approval of a resolution of the City Council of the City of Denton,
Texas, amending a policy for tax abatement for the City of Denton to establish
guidelines and criteria governing incentive agreements and tax abatement
agreements; and declaring an effective date.
City of Denton City Council Agenda
May 6, 2014
Page 8
T. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and Denton Parks Foundation;
authorizing and ratifying the expenditure of funds; and providing for an effective
date. (Cinco de Mayo - $600)
U. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and The American Heart
Association; authorizing and ratifying the expenditure of funds; and providing for
an effective date. ($335)
V. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
Mayor to Execute an Amendment to Interlocal Cooperation Agreement
("Agreement"), by and between the City of Denton, Texas ("City"), and the
Denton Independent School District ("DISD"), amending that certain Interlocal
Cooperation Agreement, dated on or about July 20, 2004, modifying the term,
consideration, and termination provisions of the Agreement; and providing an
effective date. (69kV Transmission Line Re-build Project C-8)
W. Consider adoption of an ordinance approving a City sponsorship in an amount not
to exceed $13,500 of in-kind services and resources for the 2014 Denton Air
Show to be held at the Denton Enterprise Airport on June 14, 2014; and providing
an effective date.
X. Consider adoption of an ordinance of the C ity of D enton, Texas, granting the
Juneteenth Celebration a three-year exception, 2014, 2015, and 2016, to the
limitations imposed by Section 17-20 of the Code of Ordinances of the City of
Denton, Texas, granting an increase from 70 to 75 dba loudspeaker
amplification and increased hours for three consecutive years, that being: June
13, 2014, 4 p.m. until 11:30 p.m. and June 14, 2014, 10 a.m. until midnight;
June 12, 2015, 4 p.m. until 11:30 p.m. and June 13, 2015, 10 a.m. until
midnight; June 17, 2016, 4 p.m. until 11:30 p.m. and June 18, 2016, 10 a.m.
until midnight; and setting an effective date. Staff recommends approval of
request.
Y. Consider adoption of an ordinance approving a City sponsorship in an amount not
to exceed $13,500 of in-kind services and resources for the Juneteenth
Celebration to be held in Fred Moore Park on June 13-14, 2014; and providing an
effective date.
Z. Consider approval of a resolution of the City of Denton, Texas, providing the
City's position to the Texas Department of Transportation pertaining to its
proposed Turnback Program; and providing an effective date.
AA. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, approving an agreement for reconstruction of existing Union Pacific
Bridge-Cooper Creek, M.P. 716.40-Choctaw Subdivision, Denton, Texas by
Union Pacific Railroad Company, a Delaware corporation, providing for the
expenditure of funds therefor; providing an effective date. ($135,000)
City of Denton City Council Agenda
May 6, 2014
Page 9
BB. Consider adoption of an ordinance accepting competitive proposals and awarding
a contract for Cisco Networking Equipment and SmartNet Maintenance on Cisco
Networking Equipment for the City of Denton; providing for the expenditure of
funds therefor; and providing an effective date (RFP 5492—awarded to Presidio
Networked Solutions Group, LLC in the three (3) year not-to-exceed amount of
$2,890,513).
CC. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Purchase Agreement, by and between the City of Denton, Texas
("City"), as Buyer, and Wilma Haggard (the "Owner"); as Seller, to acquire (i) fee
simple to a 1.029 acre tract; (ii) fee simple to a 0.624 acre tract; and (iii) a slope
easement encumbering a 0.076 acre tract, all lands located in the David Hough
Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being
generally located in the 1900 block of South Mayhill Road; for the purchase price
of Two Hundred Ten Thousand Dollars and No Cents ($210,000.00), and other
consideration, as prescribed in the Purchase Agreement (the "Agreement"), as
attached to the ordinance and made a part thereof as Exhibit "A", authorizing the
expenditure of funds therefor; and providing an effective date. (Parcel M136
Haggard - Mayhill Road Widening and Improvements project and Municipal
Landfill)
DD. Consider approval of the minutes of :
April l, 2014
Apri17, 2014
April 8, 2014
April 15, 2014
Apri122, 2014
EE. Consider adoption of an ordinance accepting competitive proposals and awarding
a contract for Pavement Markings for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (RFP 5435—
awarded to Stripe-A-Zone, Inc. in the three (3) year not-to-exceed amount of
$1,250,000).
FF. Consider approval of a resolution relating to increasing the Texas Municipal
Power Agency Commercial Paper Credit Facility and providing for approval of
the City thereto; providing an effective date.
GG. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Contract of Sale by and between Dr. Edward F. Wolski, as owner,
and the City of Denton, Texas, as buyer, to acquire fee simple to a 10.070-acre
tract located in the J.S. Collard Survey, Abstract No. 297, in the City of Denton,
Denton County, Texas, generally located north of Riney Road and east of Bonnie
Brae Drive, for the public use of expansion, construction, maintenance, operation,
and improvement of electric transmission and distribution lines, facilities, and
structures, as well as substations, for the purchase price of One Million Two
Hundred Fifteen Thousand Seven Hundred Ninety Two Dollars and Twenty
Seven Cents ($1,215,792.27), and other consideration, as prescribed in the
Contract of Sale as described in the ordinance as attached as Exhibit One;
authorizing the expenditure of funds therefor; and providing an effective date.
City of Denton City Council Agenda
May 6, 2014
Page 10
5. ITEMS FOR INDIVIDUAL CONSIDERATION — CONSIDERATION OF THE
USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
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) fee simple to a
7.393 acre tract (the "Mayhill Tract"); (II) fee simple to a 4.508 acre tract (the
"Landfill Tract"); and (III) a Slope Easement (herein so called), encumbering a
0.804 acre tract, each affected tract located in the John B. Brandon Survey,
Abstract Number 1515, City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached hereto and made a part hereof,
located generally in the 1400 block of South Mayhill Road (the "Property
Interests"), for (A) as concerns the Mayhill tract and the Slope Easement, the
public use of expanding and improving Mayhill Road, a municipal street and
roadway; and (B) as concerns the Landfill Tract, for the public use of expanding
and improving the City of Denton Landfill, a permitted municipal Solid Waste
disposal facility; authorizing the filing and prosecution of eminent domain
proceedings to acquire the Property Interest; authorizing the expenditure of funds
therefore: making findings; providing a savings clause; and providing an effective
date. (Parcel 134 RTS&M, LLG Mayhill Road Widening and Improvements
project and City of Denton Landfill, a permitted municipal solid waste disposal
facility)
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider approval of a resolution approving the naming of the Center for the
Visual Arts after Fred and Patsy Patterson and Roy Appleton, Jr. and declaring an
effective date.
B. Consider adoption of an ordinance of the City Council of the City of Denton
authorizing the City Manager to approve a Settlement Agreement by and between
the City of Denton, Texas and EagleRidge Energy, LLC and EagleRidge
Operating, LLC relating to locations allowed for gas well drilling in the city,
limitations on drilling, operational requirements, gas well site plans, gas well
permits, vested rights, and other matters involving EagleRidge's gas well
operations in the city; and further approving a Specific Use Permit to allow gas
well drilling and production on a property located within a Neighborhood
Residential Mixed Use (NRMU) zoning and use district on approximately 2.64
acres generally located south of Airport Road, east of Interstate 35 West, and west
of South Bonnie Brae Street (509-0007) and as to the Specific Use Permit
approval, providing for a penalty in the maximum amount of $2,000.00 for
violations thereof; providing for severability and effective dates.
C. Consider adoption of an ordinance of the City of Denton, Texas approving a
second amendment to an Economic Development Program Grant Agreement
dated June 15, 2010, between the City of Denton and Allegiance Hillview, L.P.,
which was duly assigned, in part, to RED Rayzor Ranch, LLC; and providing an
effective date.
City of Denton City Council Agenda
May 6, 2014
Page 11
D. Consider approval of a resolution accepting a petition to annex 4033 acres of land
contiguous to the City of Denton, Texas, located in the northeastern area of the
City of Denton's Extraterritorial Jurisdiction (ETJ); generally located northeast of
the City limits, on the west side of Cooper Creek Road approximately 1,200 feet
north of Fishtrap Road and 800 feet south of Silver pome Road and legally
described as being a tract of land situated in the Thomas H. Living Survey,
Abstract No. 729, Denton County, Texas and being all of a tract of land described
in the deed to C.L. Byrom and wife, Anita Byrom as recorded in Volume 308
Page 264 of the deed records of Denton County, Texas. (A14-0001, Windsor
Oaks)
E. Consider an appeal of the denial of a Certificate of Appropriateness by the
Historic Landmark Commission to accept previously installed windows, flagstone
on the floor of the front porch and a wood fence on the northeastern side of the
property. The request also included approval of existing paint on the window
trim, chimney of the house, and new construction of a driveway gate on the
southeastern side of the house. The property is located at 1807 N. Bell Avenue
and is within a Neighborhood Residential 3(NR-3) zoning district and the Bell
Avenue Historic Conservation District. On April 14, 2014, the Historic Landmark
Commission denied the request (8-0).
7. PUBLIC HEARINGS
A. Hold a public hearing and consider approval of a resolution of the City Council of
Denton, Texas, making findings that the proposed Rayzor Ranch Public
Improvement District No. 1 and the proposed public improvements will promote
the interests of the City and confer a special benefit on a definable part of the
City; providing that the district and proposed public improvements are feasible
and advisable; providing findings with respect to the nature and estimated cost of
the proposed public improvements, the boundaries of the district, the method of
assessment, and apportionment of costs between the District and the City;
authorizing the creation of the District and directing the City Secretary or other
officer to publish notice of the creation; and providing an effective date. The
Economic Development Partnership Board recommends approval (7-0).
B. Hold a public hearing and consider adoption of an ordinance amending
Subchapter 35.5.73 of the Denton Development Code, "General Regulations", to
change the Maximum Floor Area Ratio in the Industrial Center General zoning
district from 0.4 to 2.0 in the City of Denton, Denton County, Texas; providing
for a penalty in the maximum amount of $2,000.00 for violations thereof,
severability and an effective date. (DCA14-0002, Floor Area ratio in Industrial
Center General)
C. Hold a public hearing and consider adoption of an ordinance regarding a Specific
Use Permit (SUP) to allow construction of a wet weather pump station and
detention facility use on a property located in a Neighborhood Residential2 (NR-
2) zoning and use district on approximately 65.94 acres. The subject property is
generally located west of Country Club Road and KCS Railroad, east of Fort
Worth Drive, and south of Bent Creek Estate Residential Subdivision; and
City of Denton City Council Agenda
May 6, 2014
Page 12
providing for a penalty in the maximum amount of $2,000.00 for violations,
thereof, severability and an effective date. (S14-0002, Hickory Creek Detention
Facility) The Planning and Zoning Commission recommends approval (7-0).
D. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, denying a request for an Environmentally Sensitive Area
Alternative Development Plan on approximately 3.71 acres of land, generally
located at the northeast corner of E. University Drive (U.S. 380) and Loop 288,
within a Employment Center Industrial (EGI) zoning district and legally
described as within the W. Lloyd Survey, Abstract Number 774, 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. (ADP13-0004) The Planning and Zoning Commission
recommended denial of this request (4-3). A suPExMaJOxITy voTE sy CouNClz
IS REQUIRED FOR APPROVAL.
8. 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
taken, to include: expressions of thanks, congratulations, or condolence;
information regarding holiday schedules; an honorary or salutary recognition of a
public official, public employee, or other citizen; a reminder about an upcoming
event organized or sponsored by the governing body; information regarding a
social, ceremonial, or community event organized or sponsored by an entity other
than the governing body that was attended or is scheduled to be attended by a
member of the governing body or an official or employee of the municipality; or
an announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of , 2014 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
City of Denton City Council Agenda
May 6, 2014
Page 13
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-
TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE
CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DIVISION: Planning and Development
ACM: John Cabrales, Jr. ��
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding a Specific Use Permit
(SUP) to allow construction of a wet weather pump station and detention facility use on a
property located in a Neighborhood Residential 2(NR-2) zoning and use district on
approximately 65.94 acres. The subject property is generally located west of Country Club Road
and KCS Railroad, east of Fort Worth Drive, and south of Bent Creek Estate Residential
Subdivision. (514-0002, Hickory Creek Denton Facility)
BACKGROUND
The City of Denton Wastewater Department is requesting approval of a Specific Use Permit
(SUP) to design and construct a wet weather pump station and detention facility (Hickory Creek
Detention Facility) on a property that is generally located west of Country Club Road and KCS
Railroad, east of Fort Worth Drive, and south of the Bent Creek Estate Residential Subdivision
(Exhibit 1-Site Location Map). The subject site is currently zoned NR-2. The use is considered
as a`Basic Utilities" land use. Per Section 35.5.22 of the Denton Development Code (DDC),
approval of a Specific Use Permit (SUP) is required for development of Basic Utilities proposed
within 200 feet of a residential zone. The northern and eastern boundaries of the property abut a
neighborhood residential2 (NR-2) zoning district.
Presently, the site is vacant. The Wastewater Department has entered into an agreement with the
property owners to purchase the land on both sides of the KCS Railroad track that totals 100.83
acres on four separate parcels. The proposed use for the Hickory Creek Detention Facility will be
limited to the 2 parcels on the west side of the railroad track which amounts to 65.94 acres, of
which 25.3 acres is in the floodplain leaving 34.6 of useable acres.
The need to construct the Hickory Creek Detention Facility is demonstrated by the flow data in
the Hickory Creek Interceptor. Based on flow metering data, during storm events of one year or
greater the Interceptor surcharges. In addition, the water level rises in the manholes to the point
where it is close to the rim in one manhole during a five-year storm event. As such, capacity
enhancements need to be made to accommodate the peak wet weather wastewater flows.
The wastewater collection system computer model was used to determine the best option to
provide the additional wastewater handling capacity in the Hickory Creek Basin. A comparative
analysis was performed between a standard pumping station with force main, and a pumping
station with a detention facility options (Exhibits 2 and 3). Exhibits 2 and 3 show the location of
Agenda Information Sheet
May 6, 2014
Page 2 of 2
the different options and the related costs. The results of the analysis showed that the detention
facility option is significantly cheaper in initial capital cost as well as continuing operational
costs.
It is a Texas Commission on Environmental Quality (TCEQ) permit requirement for the
Wastewater Department to convey all flows to a wastewater treatment plant without overflows in
the collection system. The need for the proj ect is evident from the flow metering data. The
analysis of the different options clearly indicates that the construction of the Hickory Creek
Detention Facility option at the proposed site is the optimal solution based on capital as well as
operational costs. In addition, the location of the detention facility is in a remote location. It is
bounded by a railroad track on the east, floodplains and trees on the west, by significant cluster
of trees on the north, and is at the lowest possible elevation above the floodplain. The tank is not
visible from Country Club Road, Fort Worth Drive, or the Bent Creek Estate Residential
Subdivision. Also, the land being used is not suitable for residential or commercial development
due to access issues.
A public hearing was conducted for the SUP Application in the Planning & Zoning Commission
meeting on Apri19. The Commission recommended approval7-0.
RECOMMENDATION
The Planning and Zoning Commission recommends APPROVAL of this request subject to a
condition (7-0).
The Development Review Committee recommends approval of the Specific Use Permit subject
to a condition:
l. Any disturbed Environmental Sensitive Areas (ESAs) must be stabilized by re-
vegetating using native plants and the soil restored to pre-development contours. The
vegetation must achieve a cover that is at least 70 percent of the native vegetative
cover to be considered stabilized.
PRIOR ACTION/REVIEW
February 4, 2014 - City Council approved the purchase contract for the four tracts of land
amounting to 100.83 acres for the Hickory Creek Detention Facility project
April 9, 2014 - Planning & Zoning Commission recommended approval of the SUP 7-0.
EXHIBITS
l. Site Location Map
2. Wet Weather Options Evaluation- Hickory Basin Peak Flow Options
3. Wet Weather Options Evaluation- Detention Facility Sites
Agenda Information Sheet
May 6, 2014
Page 3 of 2
Respectfully submitted:
.
P. S. Arora, P.E.
Assistant Director Wastewater
Exhibit 1
Site Location Map
Planned detention facility will be located
in a remote area in south Denton
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AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
Economic Development
John Cabrales, Jr
�.
� �
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a
grant application from Brandon Martino, representing RLB Investments, LLC, from the
Downtown Reinvestment Grant Program not to exceed $25,000; and providing for an effective
date. The Economic Development Partnership Board recommends approval3-2.
BACKGROUND
The City Council approved the changes to the Downtown Reinvestment Grant Program on
January 10, 2012. The 2013-2014 Program received $100,000 from the General Fund; $50,000
was left from last year's budget, leaving a balance at the beginning of the year of $150,000. The
Downtown Task Force and the Economic Development Partnership have recommended grants
totaling $70,000, of which $25,000 has been granted and $45,000 that has not yet been granted.
Available funds are $80,000.
Applicant: RLB Investments Denton, Texas
RLB Investments acquired the property and land at 321 W. Hickory over a year ago. This is the
former site of First United Bank In the past year, they have been working with the City on
issues concerning flood plains, parking and zoning.
This year, they demolished the structure on the land and have begun to build a four-story mixed
use development. The ground floor will house 6,000 square feet of retail and office space; upper
floors will contain 44 high end apartments.
ESTIMATED SCHEUDLE FOR PROJECT
The project should be completed by the end of 2014.
Agenda Information Sheet
Page 2
May 6, 2014
PRIOR ACTION/REVIEW
On January 17, 2014, the Downtown Task Force reviewed the grant application and
recommended a grant in the amount of $25,000 for fa�ade improvements, utility improvements,
and awnings. The motion was approved 11-0 (Brandon Martino left the meeting after the
presentation, since he is involved in the project.) On February 25, 2014, the Economic
Development Partnership Board reviewed the grant and recommends a grant in the amount of
$25,000 for fa�ade improvements, utility improvements, and awnings. The motion was
approved 3-2.
FISCAL INFORMATION
The total cost of the project is $4.6 million. A$25,000 grant represents a return on investment of
$1:$184 (does not include purchase price).
EXHIBITS:
l. Grant Application
2. Average Score Sheet
3. Downtown Task Force Minutes
4. Economic Development Partnership Board Minutes
5. Ordinance and Agreement
Respectfully submitted
�,.� G:.I'i
Julie Glover
Economic Development Program Administrator
EXHIBIT 1
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Please return completed with necessa�ry attachment� and signature to Economic Dcvelopment
of�ice, ��S E. McKinney no later than 5 pm by the farst Mc►nday of eacl� ma�th. Ii you have any
applicatian que�tions, please contact t�e Econo�ic Develapment Program Administratar af 94U�
349-7732.
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photographs of 6uidding's exterior facade, roof ar�d fourrdation.
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Downtowt� Reinvestment Grant Program Policy 8
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Please complete and return with Downtown Reinvestment Granf Applicatian ta Economic
Developxn,ent office, 21,5 E. McKin�ey no later tb�an 5 pm by fihe first Monday of eacb month. I�
you have a�ny questiung, pleaae contac� the Economic Dev�iopment Program Administr�tor at 9�40-
349-7732.
I have met with the Economic Development Program Administrator, and I have read and fuily understand
the D�wntown Reinvestment Grant pror.�dures estahlishec� by the Dentan City Council. I intend ta use
this grant prograrn for the aforementioned reno�va�ian �rojects to advance the effarts of re�ita.�ization and
histaric preservaiion of Denton's histaric dawntown. X have r�ot received, rror wi�d I receive insurarrce
nzonies for this revitalization prQject.
I understand tlaat if I am awarded a Downtowr� Reinvestment Grant by the City of Denton, any deviation
fram ti�e appro�ed prajec� may result in the partiai or �otal wit�drawa� of the grant. (If I am awarded a
reinvestment grant for fa�ade, awning or sign work and the fa�ade, sign or awning is altered for any
reason vyithin ane {I} year from cnnstr�ction, I may be reyuired ta reimburse the Gity of Denton
i�nnnediately for th� full amount of the grant,)
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EXHIBIT 3
Downtown Task Force
8:30 AM — January 17, 2014
City Council Work Session Room
215 E. McKinney Street
Minutes
After determining that a quorum was present, the Downtown Task Force convened on Friday,
January 17, 2014, at 8:33 a.m. in the City Hall Work Session Room, 315 W. McKinney Street,
Denton, Texas.
PRESENT: Marty Rivers, Monte Jensen, Melissa Lenaburg, Peggy Capps, Brandon
Martino, Margaret Chalfant, Brock McKnight, Beth Lewis, Greg Johnson,
Herbert Holl, Bob Moses, and Kate Lynass
EX-OFFICO: Glen Farris
ABSENT: Hank Dickenson, Don Lee, and Alex Payne
STAFF PRESENT: John Cabrales, Julie Glover, Christina Davis, and Karen Boenker
GUESTS: Kim Phillips, Denton Convention and Visitors Bureau
Approved minutes from November 14, 2013 meeting.
Capps motioned approval of the November 14, 2013. The motion was seconded by
Johnson and carried unanimously (12 — 0).
2. Received a report and held a discussion regarding a Downtown Reinvestment Grant
Program Application for 321 W. Hickory Street.
Glover presented a brief history on the building, including previous uses, and then
presented eligible expenses and a rendering of the proposed project which is mixed use -
retail on the ground floor and apartments on the upper stories. Brandon Martino, the
developer, presented more detail on the 44 unit, 6,000 SF, project. He discussed the
interior finishes, exterior details such as patios, and parking. The total estimated project
cost is $4,558,628 of that, $1,012,040 are eligible expenses; for facade/building/awnings
$940,476 and impact fees of $71,564. The requested grant amount is $25,000.
3. Received a report, held a discussion and make recommendations for 2013-14
Downtown Task Force Voting and Ex-Officio members.
Glover reported that the Economic Development Partnership Board had approved the
Task Force suggestions for voting members, but wanted the Task Force to decide if they
wanted two Ex-Officio members. After a brief discussion it was determined that only one
Ex-Officio member is needed. No additional action or discuss was necessary.
4. Staff report
a. Openings:
b. Coming soon:
c. Closings: Gerhard's German Restaurant, Burguesa Burgers, Siam Off the Square
d. Updates: Glover is attending weekling meetings for the E. Hickory CIP; water line
work is starting and bids are out for construction. Target date to start construction is
mid May/early June. Kim Phillips reports that the app for the E. Hickory CIl' project
is moving along. The tag line, Dig Little d is being used and a website URL has been
purchased and events to draw attention to Downtown during construction, such as
Much Madness and cross marketing are being planned. Phillips presented the Gulf
Station idea to the Bond council.
e. Upcoming events: Thin Line Film Festival, Feb.l2-16
£ Next meeting— February 13, 2014
Brandon Martino left the meeting at 9:18 a.m.
CLOSED SESSION
Task Force entered into Closed Session at 9:20 a.m.
5. Reviewed a Downtown Reinvestment Grant Program Application grant for 321 W.
Hickory Street.
OPEN SESSION
Task Force returned to Open Session at 9:29 a.m.
6. Make a recommendation to the City Manager regarding a request for a Downtown
Reinvestment Grant Program Application grant for 235 W. Hickory Street.
Johnson made a motion to recommend that the Economic Development Partnership
Board approves the request for a Downtown Reinvestment Grant Program grant for the
property located at 321 W. Hickory Street in the amount of $25,000 for
facade/building/awnings, and impact fees. The motion was seconded by Chalfant and
carried unanimously (11 – 0). Martino recused himself from the discussion and left prior
to Closed Session.
7. Meeting Adjourned at 9:32 A.M.
EXHIBIT 4
MINUTES
CITY OF DENTON
ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
February 25, 2014
After determining that a quorum was present, the Economic Development Partnership Board
convened on Tuesday, February 25, 2014 at 11:28 A.M. in the City Council Work Session
Room, City Hall, 215 E. McKinney St., Denton, Texas.
PRESENT: Virgil Strange, Carrell Ann Simmons, Greg Johnson, Mark
Burroughs, Cleve Breedlove, Caleb O'Rear, and Jim Fykes
ABSENT: Dalton Gregory, and Neal Smatresk
EX-OFFICIO: Present: George Campbell, Chuck Carpenter, and Jamie Wilson
STAFF PRESENT: John Cabrales, Jon Fortune, Bryan Langley, Aimee Bissett, Michelle
Cunningham, Christina Davis, Julie Glover, Erica Sullivan, Karen
Boenker, Quentin Hix, Kenny Banks, Bill Bunselmeyer, Mike Grim,
and Brian Daskam
GUESTS: Dr. David Schultz, UNT, representing UNT President, Dr. Smatresk
REGULAR SESSION
1. Consider approval of the minutes of the December 3, 2013 meeting.
Fykes motioned to approve the minutes of the December 3, 2013 meeting as presented.
Johnson seconded the motion. The minutes were approved unanimously with a vote of 7-0.
2. Received a report and held a discussion regarding a Downtown Reinvestment Grant
Application for 321 W. Hickory
Glover presented general information about the Downtown Reinvestment Grant, followed
by a history of the project, the scope of work to be performed which included a breakdown
of the project cost and a rendering of the proposed project, and the eligible expenses.
Johnson, who is the Chair for the Downtown Task Force, shared a summary of the Task Force
comments regarding the project.
The intent of the Reinvestment Grant for projects downtown was briefly discussed. Johnson
discussed the Task Force's understanding of the Grant and the process used to determine
grant awards. Board Chair Virgil Strange expressed concern that the grant was not a true
incentive if it did not cause economic development to occur where it otherwise would not
have. In the case of 321 W. Hickory, the recommended grant amount is such a small
percentage of the overall project that Strange believes the project would have occurred
without the grant. Staff inember Julie Glover explained that the Downtown Task Force
understands the intent of the grant to be assistance or a reward for reinvestment in
downtown, and that based on the current scoring system, this project is eligible and scored
high. Further discussion regarding the intent of the grant was tabled until the next EDP
Board meeting. No further discussion about the project was heard, but the Chair would like
to discuss the score sheet and the intent of the reinvestment grant at a future meeting.
3. Received a report and held a discussion regarding the Proposed Regional Municipal Setting
Designation
Dr. Kenny Banks, Environmental Services and Sustainability Director, gave a report regarding
the creation of a City-sponsored Municipal Setting Designation (MSD) for the Downtown
Area. Dr. Banks presented the same report to City Council in August of 2013, and Erica
Sullivan gave a similar summary of the report to the EDP Board in October of 2013. Banks
presented information about the purpose of the MSD program and how it is used in the
state ofTexas; estimated costs; and the economic and municipal benefits. He also discussed
how it would be beneficial to the small businesses and prospective redevelopment projects
in the Downtown Implementation Project (DTIP) and Central Business District (CBD) areas.
The downtown business district has a history of dry cleaning operations, car repair shops,
and other businesses that have a tendency to contaminate groundwater. This potential
contamination can be a significant barrier to redevelopment downtown. The City is
interested in sponsoring an MSD in the downtown area in order to maximize resources and
remove this barrier to redevelopment.
4. Received a report regarding Metzeler Schaum, a German-based company that is interested
in locating a manufacturing, assembly, and distribution facility in Denton
Bissett presented information about Metzeler Schaum, a German-based company that is
interested in placing its first manufacturing facility in the United States. She continued her
report stating that Metzeler Schaum currently has a sales office located in Denton and is
considering Denton for its manufacturing facility. Denton and one other city in North
Carolina are under consideration. Metzeler Schaum manufactures foam products for a
variety of industries including seat cushions for the aviation and rail industries, dashboard
components for the automotive industry, luxury bedding pieces, and foam products for
industrial application. Metzeler Shaum is a supplier for over 900 companies worldwide.
Because they have their own research and development, they are one of three companies in
the world that creates new recipes for foam, allowing them to tailor their product for their
customers.
5. Received a report regarding the selection process of vacant position of Vice President of
Economic Development at the Chamber of Commerce
Carpenter reported that the selection process to fill the vacant position of Vice President of
Economic Development was complete. He thanked everyone for their assistance in the
process, stating that Adam Gawarecki has accepted their offer of employment and will be
joining the Chamber Economic Development team on March 10.
6. Receive Staff Activity Reports
Bissett
Expansion projects: Tetra Pak, Mayday, Fastenal, and Greenpoint are all working on
expanding at their current location or a new location in Denton.
b. Upcoming development activity: Several new speculative buildings are under
construction including three 78,000 and 110,000 square feet buildings in the Airport
Industrial Area. Developers are reporting that buildings are being leased before they can
finish construction.
c. Recruitment initiatives: Staff is looking at initiatives to recruit businesses that are in the
supply chain for existing companies like Peterbilt, and for Denton's existing aviation and
aerospace cluster.
d. Westpark update: Staff continues to make progress on the agreement.
CLOSED SESSION
The Board entered into Closed Session at 12:24 P.M.
Deliberations regarding Economic Development Negotiations — Under Texas Government Code
Section 551.087.
7. Reviewed a Downtown Reinvestment Grant Program Application for 321 W. Hickory Street
(fa�ade, awnings, and impact fees).
8. Received a report and held a discussion regarding prospects and recent site visits, including
Project Blue Phantom, Project Adams, Project Ballistics, and Project Twin Rover.
Caleb O'Rear left at 12:30 p.m., during Item 8
9. Received a report, held a discussion, and gave staff direction regarding an economic
development incentive for Metzeler Schaum. This discussion included commercial and
financial information the City has received from Metzeler Schaum which the City seeks to
have locate, stay, or expand in or near the territory of the city, and with which the
Economic Development Partnership Board is conducting economic development
negotiations; including the offer of financial or other incentive.
Mark Burroughs left at 12:55 p.m., after Item 9
George Campbell left at 12:57 p.m., after Item 9
10. This Item was tabled due to time constraints and will heard at the next meeting of the EDP
Board. Receive a report, hold a discussion, and give staff direction regarding proposed
amendments to the economic development incentive agreement for Golden Triangle Mall.
This discussion shall include commercial and financial information the City has received
from Golden Triangle Mall which the City seeks to have locate, stay, or expand in or near
the territory of the city, and with which the Economic Development Partnership Board is
conducting economic development negotiations; including the offer of financial or other
incentive.
11. This Item was tabled due to time constraints and will heard at the next meeting of the EDP
Board. Receive a report, hold a discussion, and give staff direction regarding the creation of
a public improvement district and proposed amendments to the economic development
incentive agreements for the Rayzor Ranch mixed-use development. This discussion shall
include commercial and financial information the City has received from Rayzor Ranch
developers which the City seeks to have locate, stay, or expand in or near the territory of
the city, and with which the Economic Development Partnership Board is conducting
economic development negotiations; including the offer of financial or other incentive.
REGULAR SESSION
The Board returned to Open Session at 12:59 P.M.
12. Made a recommendation to City Council regarding an incentive for Metzeler Schaum.
Johnson made a motion to recommend an incentive of up to $250,000 with details to be
later determined. Simmons seconded the motion. The motion was approved unanimously
with a vote of 5-0.
13. Make recommendation to City Council regarding a request for a Downtown Reinvestment
Grant Program Application grant for 321 W. Hickory Street for fa�ade, awnings, and impact
fees.
Breedlove motioned that the EDP Board recommend to the City Council approval of a
request for a Downtown Reinvestment Grant, as presented in the amount of $25,000, to 321
W. Hickory Street for fa�ade, awnings, and impact fees. Johnson seconded the motion. The
motion was approved with a vote of 3-2.
14. Next meeting is scheduled for March 11
15. Meeting Adjourned at 1:03 p.m.
s:Uegal\our documents\ordinancesU4\321 w hickory ordinance.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING �1 GRANT APPLICATION FROM BRANDON MARTINO, REPRESENTING
RLB INVESTMENTS, LLC, FROM THE DOWNTOWN REINVESTMENT GRANT
PROGRAM NOT TO EXCEED $25,000; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 3, 2007, the City Council approved a Downtown Incentive
Reimbursement Program by Ordinance No. 2007-072; and
WHEREAS, on December 6, 2011, the City Council approved changes to the Downtown
Reinvestment Grant Program by Ordinance No. 2012-001; and
WHEREAS, Brandon Martino applied for a$25,000 grant NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby approves the Agreement
attached hereto and made a part hereof from Brandon Martino in an amount not to exceed $25,000
from the Downtown Incentive Reimbursement Grant Program.
SECTION 2. The City Manager, or his designee; is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City, including the expenditure
of funds as provided in the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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S:\Legal\Our pocuments\ContractsU4\321 W Hickory Agreement.doc
DOWNTOWN REIMBURSEMENT GRANT INCENTIVE AGREEMENT
This Downtown Reinvestment Grant Agreement (the "Agreement") is entered into by
and between the City of Denton, Texas (the "City"), duly acting herein by and through its
Mayor, and Brandon Martino, representing RLB Investments, LLC (the "Grantee"), duly author-
ized to do business and in good standing in the State of Texas, duly acting herein by and through
its authorized officer.
WHEREAS, the City has adopted a resolution which provides that it elects to be eligible
to participate in downtown reinvestment grant incentives and has adopted guidelines and criteria
governing downtown reinvestment grant incentive agreements known as the Denton Downtown
Reinvestment Grant Incentive Program; and
WHEREAS, on the 3`d day of April, 2007, the City Council of Denton, Texas (the "City
Council") adopted the Denton Downtown Incentive Reimbursement Program (the "Program"), a
copy of which is on file in the City of Denton Economic Development Office and which is in-
corporated herein by reference; and
WHEREAS, the Denton Downtown Incentive Reimbursement Program Policy consti-
tutes appropriate "guidelines and criteria" governing downtown reinvestment grant incentive
agreements to be entered into by the City; and
WHEREAS on October 13, 2011, the Downtown Task Force recommended changes to
the original Downtown Incentive Reimbursement Grant Program; and
WHEREAS on November 1, 2011, the Economic Development Partnership Board rec-
ommended the changes to the City Council of the City of Denton, including changing the name
of the program to "Downtown Reinvestment Grant Program" (the "Program"); and
WHEREAS, on December 6, 2011, the City Council approved said changes to the Down-
town Reinvestment Grant Program; and
WHEREAS, the Owner will be the Owner, as of the Effective Date (as hereinafter de-
fined), which status is a condition precedent, of certain real property, more particularly described
in Exhibit "A" attached hereto and incorporated herein by reference and made a part of this
Agreement for all purposes (the "Premises") as of the Effective Date; and
WHEREAS, on the 12t" day of December, 2013, Owner submitted an application for re-
investment with various attachments to the City concerning the contemplated use of the Premises
(the "Application"), which is attached hereto and incorporated herein by reference as Exhibit
`B"; and
WHEREAS, the City Council finds that the contemplated use of the Premises, the Con-
templated Improvements (as hereinafter defined) to the Premises as set forth in this Agreement,
and the other terms hereof are consistent with encouraging development in accordance with the
S:\Legal\Our pocuments\Contracts\14\321 W Hickory Agreement.doc
purposes and are in compliance with the Ordinance and Program and similar guidelines and cri-
teria adopted by the City and all applicable law;
NOW, THEREFORE, the City and Owner for and in consideration of the premises and
the promises contained herein do hereby contract, covenant, and agree as follows:
l.
TERMS AND CONDITIONS OF REIMBURSEMENT
A. In consideration of and subject to the Owner meeting all the terms and conditions
of reimbursement set forth herein, the City hereby grants the following reimbursement:
l. A reimbursement in an amount not to exceed $25,000 attributable to new
capital investments, as hereinafter described, being constructed on the Premises.
B. A condition of the Reimbursement is that, by June 3, 2015 (subject to force
majeure delays not to exceed 180 days), a capital investment in the form of fa�ade work and util-
ity upgrades, as described in Exhibit "B" be constructed on the Premises. For the purposes of
this paragraph, the term "force majeure" shall mean any circumstance or any condition beyond
the control of Owner, as set forth in Section XXI "Force Majeure" which makes it impossible to
meet the above-mentioned thresholds.
C. The term "capital investment" is defined as the construction, renovation and
equipping of fa�ade work, awnings and impact fees, as described in Exhibit "C" (the "Improve-
ments on the Premises", the "Contemplated Improvements" or "Improvements") to include costs
related to the construction of the Improvements on the Premises.
D. A condition of the Reimbursement is that the Contemplated Improvements be
constructed and the Premises be used substantially in accordance with the description of the pro-
j ect set forth in Exhibit "B".
ment.
E. Owner agrees to comply with all the terms and conditions set forth in this Agree-
2.
CONDITION OF REIMBURSEMENT
A. At the time of the award of the Grant, all ad valorem real property taxes with re-
spect to said property owned within the City shall be current.
B. Prior to the award of the Grant, Grantee shall have constructed the Capital Im-
provements as specified in Exhibit "B".
Page 2
S:ALegal\Our pocuments\Contracts\14\321 W Hickory Agreement.doc
3.
RECORDS AND EVALUATION OF PROJECT
A. The Owner shall provide access and authorize inspection of the Premises by City
employees and allow sufficient inspection of financial information related to construction of the
Improvements to insure that the Improvements are made and the thresholds are met according to
the specifications and conditions of this Agreement. Such inspections shall be done in a way that
will not interfere with Owner's business operations.
4.
GENERAL PROVISIONS
A. The City has determined that it has adopted guidelines and criteria for the Down-
town Reinvestment Grant Program agreements for the City to allow it to enter into this Agree-
ment containing the terms set forth herein.
B. The City has determined that procedures followed by the City conform to the re-
quirements of the Code and the Policy, and have been and will be undertaken in coordination
with Owner's corporate, public employee, and business relations requirements.
C. Neither the Premises nor any of the Improvements covered by this Agreement are
owned or leased by any member of the City Council, any member of the City Planning and Zon-
ing Commission of the City, or any member of the governing body of any taxing units joining in
or adopting this Agreement.
D. In the event of any conflict between the City zoning ordinances, or other City or-
dinances or regulations, and this Agreement, such ordinances or regulations shall control.
5.
NOTICE
All notices called for or required by this Agreement shall be addressed to the following,
or such other party or address as either party designated in writing, by certified mail postage pre-
pare, by hand dclivcry or via facsimile:
GRANTEE:
Brandon Martino
RLB Investments, LLC
525 S. Loop 288
Denton, Texas 76205
Page 3
CITY:
George C. Campbell, City Manager
City of Denton
215 East McKinney
Denton, Texas 76201
Fax No. 940349.8596
S:\Legal\Our pocuments\ContractsU4\321 W Hickory Agreement.doc
6.
CITY COUNCIL AUTHORIZATION
This Agreement was authorized by the City Council by passage of an enabling ordinance
at its meeting on the 3rd day of June, 2014, authorizing the Mayor to execute this Agreement on
behalf of the City, a copy of which is attached hereto and incorporated herein by reference as
Exhibit "D".
7.
SEVERABIILTY
In the event any section, subsection, paragraph, sentence, phrase or word is held invalid,
illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and
shall be read as if the parties intended at all times to delete said invalid section, subsection, para-
graph, sentence, phrase, or word. In the event that (i) the term of the Grant with respect to any
property is longer than allowed by law, or (ii) the Grant applies to a broader classification of
property than is allowed by law, then the Grant shall be valid with respect to the classification of
property abated hereunder, and the portion of the term, that is allowed by law.
8.
OWNER STANDING
Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any
litigation questioning or challenging the validity of this Agreement or any of the underlying or-
dinances, resolutions, or City Council actions authorizing same and Owner shall be entitled to
intervene in said litigation.
9.
APPLICABLE LAW
This Agreement shall be construed under the laws of the State of Texas and is fully per-
formable in Denton County, Texas. Venue for any action under this Agreement shall be in Den-
ton County,
10.
ENTIRE AGREEMENT
This instrument with the attached exhibits contains the entire agreement between the par-
ties with respect to the transaction contemplated in this Agreement.
11.
BINDING
This Agreement shall be binding on the parties and the respective successors, assigns,
heirs, and legal representatives.
Page 4
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I2.
COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an orig-
inal, but all of which together shall constitute one and the same instrument.
13.
SECTION AND OTHER HEADINGS
Section or other headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement.
14.
NO JO1NT VENTURE
Nothing contained in this Agreement is intended by the parties to create a partnership or
joint venture between the parties, and any implication to the contrary is hereby disavowed.
15.
AMENDMENT
This Agreement may be modified by the parties hereto to include other provisions which
could have originally been included in this Agreement or to delete provisions that were not orig-
inally necessary to this Agreement.
16.
FORCE MAJEURE
If, because of flood, fire, explosions, civil disturbances, strikes, war, acts of God, or other
causes beyond the control of either Party, either Party is not able to perform any or all of its obli-
gations under this Agreement, then the respective Party's obligations hereunder shall be sus-
pended during such period but for no longer than such period of time when the party is unable to
perform.
Page 5
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W. Hickory Agreement.doc
This Agreement is executed to be effective 30 days after the executed date of the day of
, 2014, (the "Effective Date") by duly authorized officials of the City and
Owner.
PASSED AND APPROVED this the day of , 2014
CITY OF DENTON
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Page 6
S:\Legal\Our pocuments\Contracts\14\321 W Hickory Agreement.doc
STATE OF TEXAS
COUNTY OF DENTON
Before me, the undersigned authority, a Notary Public in and for said State of Texas, on
this day personally appeared George C. Campbell, City Manager for the City of Denton, known
to me to be the person who signed and eXecuted the foregoing instrument, and acknowledged to
me that this instrument was executed for the purposes and consideration therein expressed.
Given under my hand and seal of office this the day of , 2014.
Notary Public in and for the
State of TeXas
My Commission Expires: _
Page 7
S:\Economic Development\INCENTIVES\Downtown Grant Agreements\321 W. Hickory\321
W. Hickory Agreement.doc
STATE OF TEXAS
COUNTY OF DENTUN
Before me, the undersigned authority, a Notary Public in and for said State of Texas, on
this day personally appeared Brandon Martino, Owner, known to me to be the person who signed
and executed the foregoing instrument, and acknowledged to me that this instrument was execut-
ed for the purposes and consideration therein expressed.
Given under my hand and seal of office this the � day of r��>Y i� , 2014.
r1�.+l�r .� ` � � ' -- ,' _
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Page 8
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Transportation
ACM: Jon Fortune �
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a
Primary Member as an official voting representative to the North Central Texas Council of
Governments Regional Transportation Council ("RTC"); and providing an effective date.
BACKGROUND
In 2008, the North Central Texas Council of Governments (NCTCOG) Regional Transportation
Council (RTC) approved a revision to its Bylaws and Operating Procedures to reflect changes in
membership based on the NCTCOG's most recent population and employment figures. The
revision included a provision to cluster the City of Denton with several Denton County
municipalities with populations greater than 5,000 to meet an optimal population threshold of
208,000 per each RTC seat. The Cities of Denton, Corinth, Highland Village, Lake Dallas,
Sanger and the Town of Little Elm were grouped in the same cluster. The 2008 RTC Bylaws
revision allows for each seat on the RTC to have an Alternate Member in addition to the Primary
Member. The Alternate Member enjoys voting authority and may represent the entity or cluster
cities should the Primary Member not be able to attend a particular meeting.
On April 10, 2014, the RTC approved additional revisions of the RTC Bylaws and Operating
Procedures. Changes to the Bylaws include the increase in the RTC membership limit from 43 to
44 and adjustments to cluster representation. Adjustments to the Denton cluster resulted in
moving Highland Village to the Lewisville-Flower Mound cluster and moving Little Elm to the
Frisco, Prosper and The Colony cluster. Exhibit 2, Second Reading of the Draft RTC Bylaws
and Operating Procedures, provides a summation of the revisions.
Since the City of Denton maintains metropolitan planning organization status due the population
threshold established in the 1990 Census, the City of Denton has primacy of appointing
representatives to the RTC. Mayor Pro Tem Kamp has served as the City of Denton
representative on the RTC for the past ten years, and served as the 2012-2013 Chair of the RTC.
Current Highland Village Mayor, Patrick Davis has served as the Alternate for the Denton
cluster since June 2012. Representatives serve a two-year term beginning in June of even-
numbered years and shall currently serve on the governing body they represent. Due to City of
Denton Council term limits, May Pro Tem Kamp may no longer serve on the Denton City
Council and will not be eligible to represent Denton on the RTC. Therefore, the Denton
representative must be replaced.
Councilman and Mobility Committee Member Kevin Roden has expressed an interest in
representing the City of Denton on transportation related issues and has attended a number of
transportation functions to include RTC meetings, Dallas Regional Mobility Coalition meetings,
Agenda Information Sheet
May 6, 2014
Page 2
Tarrant Regional Transportation Coalition meetings and has attended many Denton County
Transportation Authority (DCTA) Board Meetings and has participated in many of the DCTA
community meetings in Denton. Councilman Roden has indicated an interest to serve as the next
RTC representative for the City of Denton and was recommended by the Mobility Committee to
serve as the Primary Member representing Denton, Corinth, Lake Dallas and Sanger. At the time
this document was drafted a nominee had not been identified to serve as the Alternate Member.
OPTIONS
1. Approve a resolution appointing Kevin Roden as the Primary RTC Member for Denton.
2. Nominate another candidate as the Primary RTC Member for Denton.
RECOMMENDATION
Staff recommends Option 1.
ESTIMATED SCHEDULE OF PROJECT
The newly appointed RTC representative will begin serving a two-year term in June. Staff will
bring a follow up resolution forward for Mobility and Council consideration once a nominee has
been identified to serve as the Alternate Member.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On April 8, 2014, the Mobility Committee gave staff direction to advance a resolution
nominating Kevin Roden as the Primary Member for the Denton RTC seat (Option 1).
FISCAL INFORMATION
��
EXHIBITS
1. Ordinance
2. RTC Electronic Item 5.3 dated April 10, 2014
3. Excerpt Draft Mobility Committee Minutes, April 8, 2014
Respectfully submitted:
����
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Mark Nelson
Director of Transportation
EXHIBIT 1
RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPOINTING A PRIMARY MEMBER AS AN OFFICIAL VOTING REPRESENTATIVE TO
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS REGIONAL
TRANSPORTATION COUNCIL ("RTC"); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the North Central Texas Council of Governments Regional Transportation
Council ("RTC") is the independent transportation policy body of the federally-mandated Dallas-
Fort Worth Metropolitan Planning Organization and is comprised of 43 members: 36 local
elected or appointed officials representing cities and counties, and representatives from each of
the area's seven transportation providers; and
WHEREAS, the RTC is responsible for overseeing the metropolitan planning process
including primary activities such as providing guidance regarding the development of
multimodal transportation plans and programs, programming federal and State funds for the
implementation of transportation improvements, selecting specific federally funded projects and
programs, assuring the coordination of services among transportation providers, and ensuring
compliance with federal and State laws and regulations pertaining to metropolitan transportation
and air quality planning; and
WHEREAS, in accordance with the Bylaws and Operating Procedures ("Bylaws") of the
RTC, the local elected official representing the Cities of Denton, Sanger, Corinth, and Lake
Dallas on the RTC shall be selected using a weighted vote of the maximum population or
employment of the cities represented; and
WHEREAS, the City of Denton, pursuant to the Bylaws, possesses the authority to
appoint the representative on behalf of the above-described group of cities to the RTC; and
WHEREAS, the City Council deems it be in the public interest to appoint its locally
elected official, Councilman Kevin Roden, as the primary member to the RTC; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION L The iindings and recitations contained in the preamble of this Resolution
are incorporated herein by reference.
SECTION 2. Its locally elected official, Councilman Kevin Roden, is hereby appointed
as the primary member of the City of Denton, Texas to the RTC.
SECTION 3. The City Manager, or his designee, is hereby authorized to send a certified
copy of this Resolution to appropriate officials of the RTC.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
��
BY: �
MARK A. BURROUGHS, MAYOR
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EXHIBIT 3
DRAFT MINUTES
City Council Mobility Committee
Tuesday, April 8, 2014
After determining that a quorum of the Mobility Committee of the Denton City Council was
present, the Committee convened into a meeting on Tuesday, Apri16, 2014 at 1:OS p.m. in the
City Council Work Session Room, 215 E. McKinney Street, Denton, Texas.
Present: Mayor Pro Tem, Pete Kamp; Committee Council Member, Dalton Gregory and
Council Member, Kevin Roden
Also Present: Jon Fortune, Assistant City Manager; Mark Nelsan, Director of Transportation;
John Davis, Director of Engineering Services; �Emerson UQrel, Director of Parks
and Recreation; Frank Payne, City Engineer; Noreen Housewright, Engineer;
Julie Glover, Economic Development Program Administrator; Jim Mays,
Superintendent of Planning and Construction; John Polster, ITS; and Kim
Mankin, Administrative Supervisor.
OPEN MEETING
2. Consider the recommendation of a resolution of the City Council of the City of Denton,
Texas, appointing a primary and an alternate �member as an official voting representative to
the Regional Transportation Council (RTC) of the NQrth Central Texas Council of
Governments; and providing an effective date.
Mark Nelson stated that this item is �due to the fact that RTC are making changes to their by-
laws. The City of Denton will no longer be clustered with Little Elm and Highland Village.
With Kamp's eminent departure from Council the Gity� will need representation with RTC.
Kevin Roden will fill that role as renresentative. �� Nelson stated there is a draft resolution as well
as the revised bylaws
Davis is the alternate.
33 removed becaus
34 Denton is in a c1
35
36
There is some d
were granted the
want to ren
e Highland
uster alone.
esire for the
d to the backup information. In the resolution it still states Mayor
1 expects RTC to approve the bylaws on Thursday and the
�ve Mayor Davis as the alternate. Kamp stated he does need to be
'illage will no longer be in our cluster. Gregory asked if the City of
Kamp responded no, the City has Sanger, Lake Cities and Corinth.
,maller cities in the cluster to sit at the table. Lewisville and Denton
ve our own MPO. That right was given up to have a seat at the
37 table at RTC. The City����of Denton should always be the primary member. There is wording in
38 the new bylaws that suggest considering the other cities in the clusters. Denton has always been
39 open with the alternates. Patrick Davis has been Kamp's alternate since 2012 and has attended
40 two times for Kamp. Staff is always good about communicating with the cluster cities. Roden
41 asked when there is a cluster of cities and one city that is representing and has the seat at the
42 table, what is the mechanism that would even let another city take that seat. Would the city have
43 to give it up for another city? Polster stated in the past the vote of the cluster was determined by
44 a majority vote of communities within it. That wasn't an issue until about two years ago when
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Mobility Committee Meeting Draft Minutes
April 8, 2014
Page 2 of 2
Flower Mound made an assertive effort to become the appointment over Lewisville. They went
to all the sister cities in the cluster and technically they were a majority of the population.
Lewisville use to be 50% and they could appoint themselves and wouldn't have to communicate
with the other cities. Flower Mound came in and pressed the partners and they voted for Flower
Mound. At that point Michael Morris stepped in and said the history is that Lewisville and
Denton are MPOs in their own right; they have primacy. Rotation is encouraged.
Nelson stated that Mayor Burroughs has reached out to the other cities in the cluster asking if
they have an interest in being an alternate.
Kamp stated that she has one more meeting after Thursday with��RTC and Mayor Davis is the
alternate. Does he need to be removed or just wait until after �Kevin Roden is on the RTC. If
there is no desire from the cluster cities for an alternate, then 'someone in Denton will need to be
an alternate. Kamp suggested that the alternate be someone that is on the Mobility Committee.
Nelson reiterated that his direction was to move the
Meeting with adjustment to the alternate.
With no further business to address, the
ourned at
at the Mav`6 Council
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Transportation
ACM: Jon Fortune `�
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas restricting parking on both sides
of Wainwright Street from its intersection with Prairie Street to its intersection with Sycamore;
providing a repealer clause; providing a savings clause; providing for a penalty not to exceed
$500 for violations of this ordinance; providing that violations of this ordinance shall be
governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an
effective date. (Traffic Safety Commission recommends 5-1).
BACKGROUND
As reported at the February 4, 2014, Council Meeting, the subject street segment is
approximately 25 feet in width and experiences heavy on-street parking on both sides due to the
recent development of multi-family residential units on the west side of Wainwright. In response
to the Traffic Safety Commission's request at the September meeting, staff investigated whether
parking could be restricted on the west side allowing on-street parking on the east side. The
Commission was advised that the Fire Code requires a street to be a minimum of 26 feet to allow
parking on one side. This requirement is necessary to allow Fire Department access and
deployment of their equipment. Understanding this code requirement, the Traffic Safety
Commission made a recommendation to Council at their December 2013, meeting to approve an
ordinance that would prohibit parking on both sides of Wainwright from Prairie to Sycamore and
to repeal an existing ordinance, 57-10. Ordinance 57-10 establishes a private fire lane on the
west side of Wainwright on the subject street segment; however it is not currently marked. The
enforcement of this ordinance would in effect restrict parking on both sides of the street as the
eastern boundary of the fire lane would be marked in the street pavement 20 feet from the west
curb creating a shoulder or available parking area of less than six feet in width.
The Denton City Council considered the December 2, 2013, Traffic Safety Commission
recommendation to prohibit parking on both sides of the subject street segment at the February 4,
2014, Regular Council Meeting. The Council requested that staff identify additional options that
may allow on-street parking and remanded the item to the Traffic Safety Commission for further
consideration. Council also requested staff to notify property owners and residents on and
adjacent to Wainwright of the proposed discussion item regarding parking on Wainwright to
ensure residents and property owners have an opportunity to voice any concerns they may have.
After further review of the Fire Department access and response needs, it was determined that
approximately 300 feet of mid-block parking on the east side could be maintained if parking is
restricted in the following manner:
• Restrict parking on the west side of Wainwright in the identified street segment,
• Restrict parking on the east side from the intersection of Wainwright and Prairie to a
point 150 feet north, and
• Restrict parking on the east side from the intersection of Wainwright and Sycamore to a
point 150 feet south.
This option would allow adequate access to the entire street segment to respond to public safety
calls and allow for the safe deployment of Fire Department equipment. This option will also
permit 300 feet of on-street parking at mid-block on the east side. Exhibit 2 has been attached
providing a graphic representation of this option.
Letters were mailed on February 28th and door hangers were placed on single family residential
addresses on the east side of Wainwright notifying residents of the March 10, 2014 Traffic
Safety Commission consideration of the no parking zone. Notices were also placed on apartment
doors fronting Wainwright on the west side. Approximately five property owners and residents
attended the March 10, 2014 meeting and provided comments to the Traffic Safety Commission
expressing concerns of limited on-street parking. These comments are included in the attached
draft minutes (Exhibit 5). The Traffic Safety Commission voted 5-1 to recommend Option l,
outlined below, prohibiting parking on the west side of Wainwright and prohibiting parking on
the east side except for a 300 foot section mid-block. Exhibits 3 and 4 are notices provided in
advance of Council's May 6, 2014, consideration of this item.
OPTIONS
l. Recommend approval of an ordinance to restrict parking on the west side of Wainwright
from Prairie to Sycamore and restrict parking on the east side of Wainwright to a point 150
feet north of the intersection of Prairie and Wainwright and restrict parking on the east side
of Wainwright to a point 150 feet south of the intersection of Wainwright and Sycamore.
2. Reaffirm December 2, 2013, recommendation of an ordinance to restrict parking on both
sides of Wainwright between Prairie and Sycamore, and repeal Ordinance 57-10.
3. Recommend staff to install requisite signage on Wainwright to enforce Ordinance 57-10.
4. Decline recommendation of the no parking zones and provide staff with additional direction.
RECOMMENDATION
The Traffic Safety Commission recommended Option l, 5-l. Staff recommends Option l.
ESTIMATED SCHEDULE OF PROJECT
The ordinance would become effective 14 days after adoption of the ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Traffic Safety Commission tabled discussion on a proposal to no park both sides of Wainwright
on September 9, 2013. The Traffic Safety Commission voted 5-0 on December 2, 2013,
recommending the Denton City Council consider a no parking restriction on both sides of
Wainwright (Option 2). Denton City Council considered the Traffic Safety Commission
recommendation on February 4, 2014, remanding the item back to the Traffic Safety
Commission for further review and consideration. Traffic Safety Commission considered the
item on March 10, 2014, recommending Option 1.
FISCAL INFORMATION
Approximately $2,000 for signage and publication in the Denton Record Chronicle.
EXHIBITS
1. Ordinance
2. Site Map — Option 1
3. Door Hanger Notice dated Apri125, 2014
4. Correspondence to Property Owners and residents dated Apri125, 2014
5. Excerpt from Draft Minutes of Traffic Safety Commission, March 10, 2014
Respectfully submitted:
����
���
Mark Nelson
Director of Transportation
C:AUsers\100870�.AppData�I,ocal�ficrosofr\Windo�as\Temporaxy Intemet Files\Content.0uflook�2SBBS7.TW�No Pazking Waimvright (2).doc Elll1 I B I 1 �
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON THE
WEST SIDE OF WAINWRIGHT STREET FROM ITS INTERSECTION WITH PRAIRIE
STREET TO ITS INTERSECTION WITH SYCAMORE STREET; PROHIBITING PARKING
ON THE EAST SIDE OF WAINWRIGHT STREET FROM ITS INTERSECTION WITH
PRAIRIE STREET NORTH FOR ONE HUNDRED FIFTY (150) FEET; PROHIBITING
PARKING ON THE EAST SIDE OF WAINWRIGHT STREET FROM ITS INTERSECTION
WITH SYCAMORE STREET SOUTH FOR ONE HUNDRED FIFTY (150) FEET;
REPEALING ORDINANCE 57-10; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE;
PROVIDING THAT VIOLATIONS OF THIS ORDINANCE SHALL BE GOVERNED BY
CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L When signs and/or marking or any combination thereof are in place giving
notice thereof, no person shall park a vehicle on the following portions of Wainwright Street:
(1) On the west side of Wainwright Street from its intersection with Prairie Street to its
intersection with Sycamore Street.
(2) On the east side of Wainwright Street from its intersection with Prairie Street north for
one hundred fifty (150) feet.
(3) On the east side of Wainwright Street from its intersection with Sycamore Street south
for one hundred fifty (150) feet.
SECTION 2. The provisions of Section 1 prohibiting the parking of vehicles shall apply
on the designated portion of the above named street or streets except when it is necessary to stop
a vehicle to avoid conflict with other traffic or in compliance with the direction of a police
officer or official traffic control device.
SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force
and effect.
SECTION 4. Ordinance Number 57-10 is hereby repealed.
SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
EXHIBIT 1
SECTION 6. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 7. Any person found liable of violating this Ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500). Each day
that a provision of this ordinance is violated shall constitute a separate offense. The disposition
of parking citations issued pursuant to this Ordinance shall be governed by Division 3 titled
"Parking Violations Division" of Chapter 18 of the Code of Ordinances.
SECTION 8. This Ordinance providing for a penalty shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is hereby directed to cause the
caption of this ordinance to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,
- � �� ��
BY: �
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:
Page 2
MARK A. BURROUGHS, MAYOR
Wainwright Parking EXHIBIT 2
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EXHIBIT 3
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215 E. McKINNEY • DENTON, TEXAS 76201 •(940) 349-7702 • FAX (940) 349-7206
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EHXIBIT 4
C�T�
oF
DENTON
On-Street Parking Restriction for
Wainwright Street
Apri125, 2014
The current level of on-street parking on Wainwright
Street between Prairie and Sycamore has become a
concern of public safety officials due to the manner in
which it could restrict public safety access to the area in
the event of an emergency.
Based on input from citizens at the March 2014, City of
Denton Traffic Safety Commission meeting, the
Commission revised a previous proposal that would
have restricted all on-street parking on both sides of
Wainwright between Prairie and Sycamore. The revised
plan recommends restricting all parking on the west
side of Wainwright between Prairie and Sycamore. The
revised plan also recommends restricting parking on the
northern and southern portions of Wainwright on the
east side between Prairie and Sycamore. The
recommendation will allow approximately 300 feet of
on-street parking mid-block on the east side of
Wainwright.
The Denton City Council will formally consider this
recommendation at the May 6, 2014 Council Meeting.
As a property owner or resident on or adjacent to
Wainwright, City of Denton officials wanted to be sure
you were aware of the proposed recommendation
regarding on street parking in this area.
City of Denton Regular Council Meeting
Tuesday, May 6, 2014
6:30 pm
City Council Chamber, City Hall
215 East McKinney Street
Denton, Texas 76201
Should you have any questions regarding this proposal,
please feel free to contact Mark Nelson, Director of
Transportation at (940) 349-7702.
www.cityofdenton.com • ADA/EOE/ADEA � TDD (800) 735-2989
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EXHIBIT 5
DRAFT MINUTES
TRAFFIC SAFETY COMMISSION
March 10, 2014
After determining that a quorum of the Traffic Safety Commission of the City of Denton, Texas
was present, the Chair of the Traffic Safety Commission thereafter convened into an Open
Meeting on Monday, March 10, 2014 at 5:30 p.m. in the Service Center Training Room, City of
Denton, 901 A Texas Street, Denton, Texas.
Present: Chair Wally Campbell, Vice Chair Kenneth Leathers, John Murphy, Patrice Lyke,
Gilmore Morris and Nancy DiMarco ��
Absent: Adam Reese (new commissioner) ��
Also Present: Mark Nelson, Director of Transportation �
Laura Behrens, Fire Marshal � �
Bernard Vokoun, Traffic Engineer ��
Kim Mankin, Administrative Supervisor �
OPEN MEETING:
2) Receive a report, hold a discussion and reconsider the December 2, 2013, Traffic Safety
Commission Council recommendation relating to a�no parking any time restriction ordinance
on both the east and west side of Wainwright�� ,Street from Prairie Street to Sycamore Street.
Mark Nelson stated this item has alread����been reviewed by this Commission but this item
went to Council in February there were residents that attended the meeting. Staff had placed
door hangers to let them know there �would be consideration of a no parking ordinance for
this street segment. Council wanted this item to come back to Traffic Safety Commission to
provide citizens and propexty owners on that street an opportunity to weigh in and hear the
comments. Staff worked�`�with the fire department, Laura Behrens — Fire Marshall and
Meghan Schuth — Fire Protection Specialist on this item. The Fire Department went back out
to Wainwright and looked at the issues and weighed them against the operational and safety
needs. The Fire���Department came back with the following recommendations; south of the
Sycamore and Wainwright intersection, 150' no parking - north of the Prairie and
Wainwright`�intersection 150' no parking. In the midsection on the west side `no parking'.
This would �allow for parking in the mid-section on the east side. It would also allow for safe
maneuvering of the fire trucks and equipment.
����Nelson stated there is no mechanism in place for staff to recommend a`no parking'
ordinance. Staff notified the property owners and the apartment managers. At this point it
might be an opportunity to retain some level of parking. This commission was concerned
about no parking on that street. Option one seems to be a good compromise.
Chair Campbell asked first for any questions from the Commissioners. Leathers asked about
option #4: Recommend approval of an ordinance to restrict parking on the west side of
Wainwright seeking a variance to the Fire Code. Nelson stated he left that item on from the
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Draft Traffic Safety Commission Minutes
March 10, 2014
Page 2 of 2
last meeting. Staff would not be able to support it, but it is an option. Behrens stated there
isn't a variance process for the fire code but more of an appeal to the fire code. An appeals
can be done under three factors (1) the belief that the fire code doesn't apply, (2) the fire
code was applied incorrectly (3) there is a safe equivalent method of achieving the fire code.
What is here today is a safe and equivalent method of achieving what the intent of the code is
which is to allow for continuous unobstructed access to the buildings in that area. Behrens
stated several went out to the location and looked at the area. Fire staff decided option one
would be best.
Chair Campbell then opened the meeting for citizen input. ��
Vince King — owner 313 Wainwright (rent house). Would not support `no parking' on both
sides but would support option one. ��
Rick Oliver — owner 409 Wainwright (rent house). Stated he knew the����partment complex
would cause parking problems. Does support something to be done�-but does not support `no
parking'. Oliver very concerned about apartments being built without enough parking.
Ann Hunt — 413 Wainwright. If option one is passed that would mean no parking in front of
her house. Hunt questioned if the curb could be moved on����either side. Nelson answered that
was not an option due to cost and more than likely rigk�t���of way acquisitions. Hunt realizes
something needs to be done. ��
Nelson stated there is parking on Prairie Street.��'�� �
Hunt further questioned the 150' that the��fire department needs. Behrens answered the 150'
is for the fire hose requirements. There are fire hydrants on each end of Wainwright and the
only ones available for this area. �������
29 Commissioner Murphy asked if the parking that is on the east side if it could be designated
30 for resident parking only. ° Vokoun answered there is no current city ability to do that. It
31 would take `parking'b���permit' resolution and would have to be city wide. That would get
32 into the university ���areas which are already a problem as well. Lyke asked about the Denia
33 area parking. �okoun answered it is a small window of a couple of hours for special events.
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35 Jerry Vela —''308 Leslie asked about installation of a fire hydrant in the middle of the block.
36 Behrens stated the fire department would still need the 150 feet of unobstructed access.
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38 There was a motion to move option one forward to City Council by Commissioner
39 � DiMarco, second was made by Commissioner Murphy. Vote 5-1 approved.
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41 The meeting was adjourned by consensus at 6:25 p.m.
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Transportation
ACM: Jon Fortune �
SUBJECT
Consider the approval of an ordinance of the City of Denton, Texas adding Section 18-38 of the
Code of Ordinances relating to the use of wireless communication devices while driving; by
creating Section 18-38 to prohibit the use of wireless communication devices while operating a
motor vehicle except for dialing a number or talking to another person with certain defenses,
providing a repealer clause; proving a savings clause; providing for a penalty not to exceed $200
for violations of this ordinance, and providing for an effective date.
BACKGROUND
At the Denton City Council Work Session on February 18, 2014, staff provided a presentation on
a proposed ordinance, which was recommended by the Traffic Safety Commission (TSC) that
would prohibit all use of handheld wireless communication devices while operating a motor
vehicle in the City of Denton. After consideration of the proposed ordinance and associated data
on distracted driving, Council requested staff to revise the draft ordinance to restrict only texting
while operating a motor vehicle in the City of Denton, and to bring a revised draft ordinance
back for discussion.
At the April 15, 2014, Council Work Session, Council considered the attached draft ordinance
(Exhibit 1) prohibiting texting while driving on any roadway in the City of Denton, excluding the
Interstate Highways and their associated frontage roads. Council directed staff to place the item
on the May 6, 2014, City Council agenda for action. Staff is currently working on a public
education campaign that will be implemented in July prior to the fall semester. Staff was also
directed to bring a report back to Council in one year that reviews the effectiveness of the
proposed texting ban.
RECOMMENDATION
Approve draft ordinance prohibiting texting only.
ESTIMATED SCHEDULE OF PROJECT
Ordinance will not be effective unti130 days after Council approval. The public education
campaign will be implemented in July.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The TSC considered the issue at their September 12, 2012, May 6, 2013 and July l, 2013,
monthly meetings. The TSC unanimously recommended Council consideration of a ban on the
use of all wireless devices while operating a motor vehicle in Denton at their monthly meeting on
September 9, 2013. City Council considered the TSC recommendation as part of the City
Agenda Information Sheet
May 6, 2014
Page 2
Council Work Session on October l, 2013. An Informal Staff Report was provided to the Mayor
and Council on November l, 2013. An Engage Denton Community Survey was completed on
November 3, 2013.
Council Work Session February 18, 2014 - Staff was directed to revise the draft ordinance
banning the use of all wireless communication devices while operating a motor vehicle to
include only a ban on texting. As part of the April 15, 2014, Work Session Meeting, staff was
directed to bring the draft ordinance prohibiting texting only for Council action.
FISCAL INFORMATION
Public education campaign approximately $5,000 and additional signage approximately $60,000.
EXHIBITS
1. Ordinance
Respectfully submitted:
����
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Mark Nelson
Transportation Director
EXHIBIT 1
S:\Legal\Our pocuments\Ordinances\14\UseOfWirelessCommunicationDeviceForTextingEtcProhibitedNotlncludinglnterstate.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADDING SECTION 18-38 OF THE
CODE OF ORDINANCES RELATING TO THE USE OF WIRELESS COMMUNICATION
DEVICES WHILE DRIVING; BY CREATING SECTION 18-38 TO PROHIBIT THE USE OF
WIRELESS COMMUNICATION DEVICES WHILE OPERATING A MOTOR VEHICLE
EXCEPT FOR DIALING A NUMBER OR TALKING TO ANOTHER PERSON WITH
CERTAIN DEFENSES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF
THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Denton City Council finds that the use of a wireless communication
device to send, read, or write a text message, view pictures or written text, whether transmitted
by internet or other electronic means, engage in gaming or any other use of the device, other than
dialing telephone numbers, or talking to another person while operating a moving motor vehicle,
is a traffic hazard, a danger to the public and creates a particular danger or probability of danger
in the City of Denton; and
WHEREAS, the interstate highway system may be distinguished from the other roadways
within the City because it is both a limited access highway system within the City of Denton and a
roadway on which a large percentage of motor vehicle operators on the interstate highway system
are travelling through the city without ever exiting the interstate highway system;
WHEREAS, it is in the interest of public safety to restrict the use of wireless communication
devices by persons operating motor vehicles on City public roadways and highways other than the
interstate highway system; and
WHEREAS, prohibiting the use of wireless communication devices while driving in the
City of Denton, to the extent allowed by §545.425(f), Texas Transportation Code, addresses the
possible hazards produced by a distracted driver as the result of. (1) sending or reading text
messages, instant messages; (2) viewing or accessing internet sites; or (3) viewing or accessing
other data that uses commonly recognized electronic communications protocol; and
WHEREAS, the Denton City Council believes that prohibiting the use of wireless
communication devices to engage in any use of a mobile communication device other than dialing
telephone numbers or talking to another person, with certain defenses, would further and protect the
public health, safety, and welfare; NOW THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference as true.
SECTION 2. Chapter 18 "Motor Vehicles and Traffic" of the Code of Ordinances of
Denton, Texas is hereby amended by adding Section 18-38 regarding the use of wireless
Page 1
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communication devices while driving on all streets and highways within the City of Denton other
than any streets within the interstate highway system. Section 18-38 shall read as follows:
Sec. 18-38 Use of Wireless Communication Devices While Driving.
(a) In this section, a"Hands-free device" means speakerphone capability or a
telephone attachment to other piece of equipment, regardless of whether
permanently installed in the motor vehicle, that allows use of the wireless device
without use of either of the operator's hands.
(b) In this section, "Text message" means a two-way communication (whether real-
time or asynchronous) in which data (composed in whole or in part of text,
numbers, images, or symbols) is sent, entered, or received by a method other than
by voice and transmitted through either a short message service (SMS) or a
computer network.
(c) In this section, "Wireless Communication Device" has the meaning assigned in
Section 545.425 (Use of Wireless Communication Device; Offense) of the Texas
Transportation Code. Further, "Wireless Communication Device" means a text-
messaging device or other electronic, two-way communication device that is
designed to receive and transmit voice communication, text or pictorial
communication, or both, whether by internet or other electronic means. The term
includes a mobile telephone, and a personal digital assistant (PDA).
(d) In this section, "Wireless Telephone Service" means two-way, real time voice
telecommunications service that is interconnected to a public switched telephone
network and is commonly referred to as cellular service or personal
communication service.
(e) A person commits an offense if the person uses a wireless communication device
to send, read, or write a text message, view pictures or written text, whether
transmitted by internet or other electronic means, engage in gaming or any other
use of the device, besides dialing telephone numbers or talking to another person,
while operating a motor vehicle.
(� It is an affirmative defense to prosecution of an offense under this section is a
wireless communication device is used:
1. While the vehicle is stopped, out of the moving lanes of the roadway;
2. Strictly to engage in a telephone conversation, including dialing or
deactivating a call;
3. That is affixed to the vehicle and used as a global positioning or navigation
system;
4. For obtaining emergency assistance to report a traffic accident, medical
emergency, or serious traffic hazard, or to prevent a crime about to be
committed or being committed;
Page 2
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5. In the reasonable belief that a person's life or safety is in immediate danger; or
6. Solely in a voice-activated or other hands-free mode.
(g) This ordinance does not apply to:
l. An operator of an authorized emergency vehicle using a wireless
communication device while acting in an official capacity; and
2. An operator who is licensed by the Federal Communications Commission
operating a radio frequency device other than a wireless communication
device.
(h) This ordinance does not apply to a person operating a motor vehicle on any street
or highway in the City of Denton on the interstate highway system. The interstate
highway system within the City of Denton includes the following roadways:
L Interstate Highway 35 East;
2. Interstate Highway 35 West;
3. Interstate Highway 35; and
4. All the frontage and access
highways.
roads providing access to the three interstate
(i) To the extent that this section conflicts with the Texas Transportation Code
Section 545.424, regarding the use of wireless communication devices while
operating a motor vehicle by minors, or Texas Transportation Code Section
545.425, regarding the use of wireless communications devices in school zones or
by the operators of school busses, this section does not apply.
(j) No citations will be issued for the first 30 days following the effective date of this
Ordinance so that an educational effort by the City of Denton may be conducted
to inform the public about the importance and requirements of this new
Ordinance.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 4. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 5. Any person found guilty of violating this Ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed two hundred dollars ($200).
Page 3
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SECTION 6. This Ordinance providing for a penalty shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is hereby directed to cause the
caption of this ordinance to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within 10 days of the date of its passage.
PASSED AND APPROVED this the day of , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�� ___.
� �� ��
BY: �
Page 4
MARK A. BURROUGHS, MAYOR
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
Planning and Development/Community Development
John Cabrales, Jr. �
Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to
sign and submit to the Department of Housing and Urban Development a 2014 Action Plan for
Housing and Community Development with appropriate certifications, as authorized and required
by the Housing and Community Development Act of 1974, as amended, and the National
Affordable Housing Act of 1990, as amended; and providing for an effective date.
BACKGROUND
On an annual basis, the City of Denton prepares an Action Plan for submission to the U.S.
Department of Housing and Urban Development (HUD). The Action Plan serves as the City's
application for Community Development Block Grant (CDBG) and Home Investment
Partnerships (HOME) program funding. The 2014 Action Plan represents the fifth year in the
City's Five-Year Consolidated Plan which states the priorities for use of Federal CDBG and
HOME funding. Public hearings requesting citizen input regarding the use of these funds were
held in December 2013. Application availability was advertised from November through
December. Application training was provided by Community Development staf£ The
Community Development Advisory Committee (CDAC) and the Human Services Advisory
Committee (HSAC) reviewed applications and held funding hearings in February and March.
Each committee developed a set of funding recommendations. Staff has developed the 2014
Action Plan based on these recommendations. Administration activities are also included in the
Action Plan.
A Public Hearing on the proposed 2014 Action Plan was held on April 15, 2014. Residents were
also invited to submit comments to the Community Development Division for a 30-day period.
Comments received during the 30-day period are included in the Action Plan.
ESTIMATED PROJECT SCHEDULE
Action Plan approval
Submission of Action Plan to HUD
HUD release of funds & program/project initiation
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
May 6, 2014
June 15, 2014
August l, 2014
The CDAC reviewed requests for housing programs, non-profit facilities and infrastructure
projects. CDAC recommended $977,203 in funding for various projects and programs.
Agenda Information Sheet
May 6, 2014
Page 2 of 2
PRIOR ACTION/REVIEW (Councils, Boards, Commissions (Contd)
The HSAC reviewed requests for social services program funding. HSAC developed
recommendations for use of both CDBG funds and City General Fund dollars. The list of general
fund recommendations is included in the 2014 Action Plan. However, the approval of the Plan
does not include approval of the General Fund allocations. These recommendations will be
considered during the normal budgeting cycle. HSAC recommended allocation of $127,319 in
CDBG funding to various social service programs.
Committee chairs Larry Varnes (CDAC) and Mary Ann McDuff (HSAC) presented these
recommendations to City Council at the Work Session on April 15, 2014.
FISCAL INFORMATION
All projects and programs approved under the 2014 Action Plan are funded through the CDBG
or HOME programs. General Fund dollars currently used for salary expenses are included in the
program administration budget.
EXHIBITS
l. 2014 Action Plan for Housing and Community Development
2. Resolution
Respectfully submitted:
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Brian Lockley
Director of Planning and Development
Prepared by:
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Barbara Ross
Community Development Administrator
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or
Exhibit 1
Community Development Division
601 E. Hickory, Suite B
Denton, Texas 76205
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Activn�� 1'la.n��� fc�r Hc�usln,�-� ��d
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2414�1.� Frag-rax.n Y'�ar
(August 1, 21I14 Jul,y� 31, �C?15)
Housing
Public Improvements
Park Faclllties
I�uman Servrces
➢ Prepared for the U.S. Department of Housing and Urban Development.
➢ To be presented to Denton City Council on April 15, 2014
➢ City Council approved on TBD
➢ HUD approved on TBD
www. cin-o fdenton. com
ADA/�'O�'/ADE'A
r�LE oF colvrElvr.s
A. Execurive Summary of Acrion Plan
1. Introduction ........................................................................................................................................1
2. Funding Summar�T .............................................................................................................................. 2
3. Proposed Resource Table ................................................................................................................. 3
4. Local Match ......................................................................................................................................... 4
5. Citizen Participation ........................................................................................................................... 4
6. Amendments .......................................................................................................................................5
7. Evaluation of Past Performance ...................................................................................................... 5
B. PYOjects�Activities
1. Summar�T ..............................................................................................................................................6
2. CDBG and HOME Proposed Projects .......................................................................................... 7
3. Other Resources Available ..............................................................................................................14
C. CP Strategies and PYOposed PYOjects
1. Housing Strategies ............................................................................................................................15
2. Conrinuum of Care Strategies ........................................................................................................16
3. Lead-Based Paint Strategies ............................................................................................................18
4. Human Services Strategies ..............................................................................................................18
5. Infrastructure & Public Facilities Strategies .................................................................................19
6. Demolition Strategies ...................................................................................................................... 20
7. Anti-Povert�T & Economic Development Strategies ................................................................... 20
8. Barriers to Affordable Housing ..................................................................................................... 20
D. Proposed Project Map ..........................................................................................................................22
E. OtheY PYOgYam RequiYements
1. HOME - Recapture Polic�T ............................................................................................................. 23
2. Monitoring Standards and Procedures ......................................................................................... 25
3. Public Housing Improvements ...................................................................................................... 25
4. Public Housing Resident Initiatives ...............................................................................................25
5. Institutional Structure ......................................................................................................................26
6. Chronic Homelessness .................................................................................................................... 27
7. HOME - Minorit�T Outreach Program ......................................................................................... 28
8. HOME - Affirmativel�T Markering ................................................................................................ 28
F. Community Development Minutes
1. Minutes from Public Hearings ....................................................................................................... 31
2. 30-da�T Comment Period ................................................................................................................. 31
G. Appendix
1. SF 424 Application for CDBG Grant ........................................................................................... 33
2. SF 424 Application for HOME Grant .......................................................................................... 37
3. Certificarions for CDBG and HOME .......................................................................................... 38
4. Table: Annual Housing Completion Goals .................................................................................46
5. Communit�T Development and Human Service Advisor�T Committee Minutes ..................... 47
Page 1
EXECUTIVE SUMMARY
INTRODUCTION
This document serves as the City of Denton's 2014 Acrion Plan foY the Community Development
Block GYant (CDBG) and HOME Investment PartneYShips (HOME) PYOgYams. In accoYdance
with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as
amended, the City of Denton is Yequired to submit a One-YeaY Acrion Plan to the U.S. DepaYtment
of Housing and UYban Development The plan outlines the specific pYOjects and services that will
be funded during the 2014 pYOgYam yeaY to addYess Denton's strategies stated in the 201� 2014
Consolidated Plan forHousing and CommunitpDevelopment The following five-�Tear
strategies weYe idenrified in 2010 yeaY and aYe Yeaffirmed this yeaY:
■ Housing Strategies: Assistance to RenteYS, OwneYS, and HomebuyeYS and the PYOducrion of
AffoYdable Units;
■ Conrinuum of CaYe Strategies: PYevenrion Homelessness, Outreach and Assessment,
EmeYgency ShelteY, TYansirional Housing and TYansirion to PeYmanent Housing and
Independent Living;
■ Lead-Based Paint Strategies: Educarion and Reducrion of Lead-Based Paint HazaYds to
Owners and Homebu�Ters;
■ Human Services Strategies: Improve availability and accessibility of basic food, emergency
shelter, transitional housing, services promoting strong, supportive relationships for families,
and basic health caYe and mental health services.
■ Infrastructure ImpYOVement Strategies: ImpYOVements to Streets, Sidewalks and WateY/SeweY
lines, DYainage ImpYOVements, Rehabilitarion and Expansion of Public Faciliries, PaYk
Improvements and Demolirion of Substandard Structures;
■ Anri-Poverty & Economic Development Strategy: Support Training and Employment
Acriviries, Expand Educarion Opportuniries, SuppoYt of Secrion 3 goals, and Support of StaYt-
up and expansion industry.
The Acrion Plan was developed b�T requesring public input regarding the use of federal funds.
Funding applicarions weYe available in NovembeY and DecembeY 2013. Applicarion training was
provided b�T Communit�T Development Staff on both communit�T development and human services
applicarions. The Community Development Advisory Committee and the Human Services
Advisory Committee Yeviewed applicarions and held funding hearings in FebYUary and MaYCh 2014.
Each committee developed a set of funding Yecommendarions. The 2014 Acrion Plan was
developed based on the CDAC and HSAC recommendations. Appendix D on page 45 includes the
minutes from both committees.
Page 1
FUNDING SUMMARY
The City of Denton is currently an enritlement city for the Community Development Block Grant
(CDBG) and a participaring jurisdicrion foY the HOME Investment PaYtneYShips (HOME)
PYOgYams. SF-424 applicarions foY CDBG and HOME aYe available in the appendix page 33 and 34.
The table below shows the final fedeYal funding available from the U.S. DepaYtment of HUD foY the
2014/15 pYOgYam yeaY. The table below also indicates the amount of CDBG and HOME funds that
will benefit low and modeYate income peYSOns.
2014/15 FUNDING SUMMARY
HUD GRANTS CDBG HOME TOTAL
Funds Funds Funds
Annual Esrimated HUD GYant rlllocarion $848,794 $371,095 $1,219,889
Esrimated PYOgYam Income $10,000 $65,000 $75,000
Reallocated Funds
$25,000 $0 $25,000
2013 Serve Denton/WheeleY CenteY PlaygYOUnd
TOTAL FUNDS AVAILABLE $883,794 $436,095 $1,319,889
The City of Denton and subYecipients will also Yeceive funds from many otheY fedeYal, state, local
and private sources during the 2014/15 PYOgYam YeaY to addYess priority needs and specific
objecrives idenrified in the City of Denton Consolidated Plan. A total of $10,427,308 in addirional
YesouYCes aYe pYOposed foY the 2014/15 pYOgYam yeaY. A list of YesouYCes available to the City of
Denton can be found on the next page and includes local, state and fedeYal Yesources.
Page 2
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LOCAL MATCH
The HOME pYOgYam YequiYes a participaring jurisdicrion to pYOVide a 25% match of the fedeYal
HOME funds. The City of Denton's local match foY the HOME pYOgYam is $77,233 foY the
2014/15 pYOgYam yeaY. The 25% match of fedeYal HOME gYant excludes administrarive allowances
of 10%, program income and CHDO operating expenses. The Cit�T of Denton will provide the
match from a variet�T of sources including the following:
1. Residual balance of Match from 2013�14 pYOgYam yeaY.
2. FHLB funds provide to Denton Affordable Housing Corporation for eligible HOME
pYOjects.
3. Denton County Housing Finance Corporarion funds provides to Denton Affordable
Housing Corporarion for eligible HOME projects.
CITIZEN PARTICIPATION
To ensuYe cirizen participarion in the 2014 Acrion Plan pYOCess including the substanrial amendment
to the 2010-14 Consolidated Plan and 2014 Acrion Plan foY Housing and Community Development,
the city followed its Cirizen PaYriciparion Plan at all stages of the plan and amendment
Public hearings weYe held DecembeY 2, 2013 and DecembeY 12, 2013. Spanish translarions weYe
pYOVided at both public hearings. The public hearings updated cirizens on the status of curYent
pYOgYams and acriviries and asked the cirizens how they felt the 2014 funds should be spent. Both of
the public hearings were held within a low and moderate-income neighborhood. See page 31 for
minutes of both public hearings. Informarion on the public hearings was included in the
Community Development Quarterly Newsletter. The Community Development Quarterly
NewsletteY is was mailed oY e-mailed to neighborhood associarions; YecYearion centeYS and libYaries;
service agencies and beneficiaries; cit�T council, Human Services Committee (HSC) and Communit�T
Development Advisory Committee (CDAC) members; churches; applicants; contractors;
participaring lenders; Realtors; employees; cirizens who attended previous public hearings; and
inteYested cirizens. The newsletteY which is in Spanish and English is available foY pickup oY viewing
at all YecYearion centeYS, libYaries, and the City of Denton's website. A norice was also placed in the
Denton Record-Chronicle.
AfteY the Acrion Plan was dYafted, advertisements weYe placed in the Denton RecoYd-Chronicle
summarizing the plan and announcing to the public where the Acrion Plan would be available foY
Yeview, and the pYOCess foY submitring comments to the City of Denton. The dYaft Acrion Plan was
available at the Community Development DepaYtment and on the City of Denton's web page. The
adverrisements also included informarion on the upcoming public hearing. All comments received
from the public weYe addYessed befoYe submitring the plan to the U.S. DepaYtment of Housing and
UYban Development. Comments Yeceived during the 30-day comment period will be included in the
Acrion Plan on page 31.
To ensuYe cirizen participarion at all stages of the 2014 Acrion Plan pYOCess, a public hearing was
scheduled on April 15, 2014 during a Cit�T Council Meeting to give citizens the opportunit�T to
comment on the 2014/15 pYOposed pYOjects and acriviries. See page 31 foY minutes of the public
hearing.
Page 4
AMENDMENTS
The City of Denton is amending the 2013/14 Acrion Plan to Yeallocate $25,000 in CDBG funds to
a new acrivity in 2014/15 pYOgYam yeaY. The 2013 Acrion is being amended to Yeallocate $25,000 in
CDBG funds that become available when the Serve Denton WheeleY CenteY PlaygYOUnd was
cancelled due to floodplain issues. The Yesidual funds of $25,000 will be allocated to a new 2014
activit�T.
EVALUATION OF PAST PERFORMANCE
Denton's Community Development Division has completed the third yeaY of the City's 2010-2014
Consolidated Plan. Below is a discussion of pYOgYam yeaY achievements as Yelated to the goals and
objecrives stated in the Consolidated Plan. Staff efforts conrinued to be focused on housing, public
services and public facility improvements benefitring low and moderate-income households and
neighborhoods. Also included, are some comments regarding potenrial changes in program/project
delivery that could improve services to the low and moderate-income community.
City of Denton Community Development (CD) staff managed the City's housing programs. These
programs include the owner-occupied Home Improvement Program (HIP), the Minor Repair
PYOgYam (MRP) and the HomebuyeY Assistance PYOgYam (HAP). CD staff also woYked with our
local Community Housing Development OYganizarion (CHDO) in support of their affoYdable Yental
units and Affordable Housing Opportunit�T Program (AHOP). The Cit�T's HAP, HIP and MRP
pYOgYams assisted 51 households to obtain oY impYOVe their housing. Despite Yecent Yeducrions in
funding, this was a significant numbeY of households that benefitted from these pYOgYams.
During the past year, Community Development staff has worked with the City's Engineering and
WateY/WastewateY staff to "speed up" the pYOCess wheYeby public facility impYOVement funding is
expended. CD staff is also working with the non-profit, Fred Moore Da�T Nurser�T School, to bid
out their facility impYOVement pYOject which includes more than $250,000 in CDBG funding. Staff
is dedicated to woYking with these oYganizarions to begin pYOjects in a rimely manneY. The MoYSe
and rllexandeY WateY and SeweY Line Yeplacement pYOject was the laYgest public facility pYOject
funded in the past few yeaYS. The pYOject was substanrially complete by the end of the 2012/13
pYOgYam yeaY.
The City of Denton and the Community Development Division conrinue to strongly support public
services within Denton and Denton County. rllong with the CDBG pYOgYam's 15% contriburion to
public services, the City of Denton increased the amount of general fund dollars supporring local
agencies from $112,797 in 2011-12 to $170,000 in 2012-13. An addirional $19,000 in geneYal fund
dollaYS has been Yequested foY the 2013/14 yeaY and an addirional $25,119 is Yecommended foY the
2014/15 yeaY. This type of support illustrates the commitment of the City of Denton to our local
public services agencies and the individuals and families that they serve. Denton also conrinues to
serve as the adi�iinistratoY of the Denton County Homeless Coalirion's EmeYgency Solurions GYant
(ESG). The program supports agencies in the ciries of Denton and Lewisville that provide homeless
and homeless pYevenrion services. The Yesponsibility assumed by taking the lead on this gYant is
significant. Again, the Cit�T of Denton supports provisions of these services throughout the Count�T
by paying the salary of the City's Human Services CooYdinatoY from the geneYal fund. Without this
support, it is likely that there would not have been sufficient staff rime to manage the ESG pYOgYam.
Page 5
2014 PROJECTS/ACTIVITIES
SUMMARY
The City of Denton's esrimated total fedeYal and pYOgYam income funding foY 2014 is $1,319,889
(includes $25,000 of RepYOgYammed Funds). PYOgYam funds have been allocated to an aYYay of pYOjects
and acriviries to benefit low and modeYate-income households. A total of 82% of all CDBG and
HOME funds has been allocated to low and modeYate income acriviries not including administrarion
and CHDO opeYaring acriviries. Each pYOject is described in detail from pages 7 to 13 and is aYYanged
by alphaberically oYdeY. See the following list of CDBG and HOME pYOposed pYOjects and acriviries foY
their assigned page number:
CDBG HOME
National Reallocated 2014 2014
Index Pro�ect Name Ob�ecti�Te Funds Funds Funds TOTAL
7 Citv of Denton Kids Cam LMC $25,000 $25,000
7 Communitv Develo ment Administsation N/A $171,758 $43,609 $215,367
8 Denton Affordable Housin Cor . LMH $100,000 $100,000
8 Denton Citv Countv Dav School LMC $34,000 $34,000
9 Denton Citv Countv Dav Im rovements LMC $102,767 $102,767
9 Denton Countv Friends of the Familv LMC $25,000 $25,000
10 Fred Moore Dav Nusserv Im rovements LMC $40,000 $40,000
10 Health Services of North Texas LMC $29,000 $29,000
11 Home Im rovement Pro am LMH $171,230 $292,486 $463,716
11 Minor Re air Pro am LMH $25,000 $65,720 $90,720
12 Mack Park Plav ound Re lacement LMA $115,000 $115,000
12 Serve Denton Facilitv Im rovements LMC $65,000 $65,000
13 S ecial Pro rams for A in Needs LMC $14,319 $14,300
Total Fundin Allocated to Pro�ects $25,000 $858,794 $436,095 $1,319,870
Fundin Available $25,000 $858,794 $436,095 $1,319,889
Balance of Funds $0 $0 $0 $19
Page 6
PROTECT DESCRIPTIONS
The following aYe descriprions of pYOjects and acriviries that will be funded during the 2014 pYOgYam
yeaY with CDBG and HOME funds:
CITY OF DENTON KIDS CAMP
Provision of full time summer camp activities to low and moderate income childsen ages 5-11 in Denton. The
summer camp will take place at the Denia Recreation Center. Funds will be used for personnel salaries and camp
related costs. Pro ram will be carried out bv the Citds Parks and Recreation De artment.
HUD Matrix Code: 05L Child Care Ser�Tices 570.201(e) Objectives:
Eligibility: 570.208(a)(2) — Low/Mod Limited Clientele � Suitable Living Environment
❑ Decent Housing
Priority Need: Public Ser�Tices � Creating Economic
Specific Objective:
Improve the services for low/moderate income Opportunities
persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to a� Availability/Accessibility
Indicators: ser�Tice 56 children � Affordabilitt�
Project Goals: 56 children ❑ Sustainabilitt�
Primary Purpose: ❑ Homeless ❑ HN/AIDS ❑ Disabled Funding:
Subrecipient: Local Go�Ternment CDBG $25,000
Location: 1001 Parvin, Denton Texas HOME
Start Date 06/01/15 Other Sousces
Completion Date 08/31/16 Total $20,000
COMMUNITY DEVELOPMENT ADMINSTRATION
CDBG and HOME funds will be used for program management, coordination, monitoring and evaluation
associated with carrying out eligible activities. Funds will also be utilized to continue the City's efforts related to
fair housing. The program will be carried out by the Citt�'s Communitt� De�Telopment Di�Tision. Funding includes
$2,000 in ro osed CDBG ro ram income and $4,500 in HOME ro am income.
21A General Program Administsation 570.206
HUD Matrix Code: 21H HOME Adt�in/Planning Costs of PJ (subject to Objectives:
10%) 92.207 (a) ❑ Suitable Living Env�onment
Eli ibili N/A ❑ Decent Housing
g �'' ❑ Creating Economic
Priority Need: Planning & Administration Opportunities
Specific Objective: N/A Outcomes:
Specific Outcomes: N/A ❑ A�Tailability/Accessibility
❑ Affordabilittr
Project Goals: N/A
Primary Purpose: ❑ Homeless ❑ HN/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $171,758
Location: Community Wide HOME $43,609
Start Date 08/01/14 Other Sousces $239,214
Completion Date 07/31/15 Total $454,581
Page 7
DENTON AFFORDABLE HOUSING CORP — AHOP PROGRAM
Acquisition, renovation and resale of single-family homes to income qualified first time homebuyers. Up to
$10,000 will be available for down payment and closing costs assistance. Funds will be utilized for the actual cost
of acquisition, rehabilitation costs, cost to sale, and down payment assistance. This project also consists of $18,554
for operating expenses (ma�mum 5% of HOME grant) and $81,446 in CHDO Set-aside (minimuml5% of
HOME Grant). Program will be carried out by the Denton Affordable Housing Corporation a certified
Communitv Housin Develo ment Or anization CHDO .
HUD Matrix 14G Acquisition for Rehabilitation 92.205 (a)
Code: 19B HOME CHDO Operating Costs Objectives:
❑ Suitable Living Env�onment
Eligibility: N/A � Decent Housing
Priority Need: Housing ❑ Creating Economic
Opportunities
Specific Objective: Increase the availability of affordable owner housing.
Outcomes:
Specific Outcomes Number of affordable units - 3 ❑ Availability/Accessibility
Indicators: Numbers brought to standard condition - 3 � Affordability
Project Goals: 3 housing units ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HN/AIDS ❑ Disabled Funding:
Subrecipient: CHDO 92.2 CDBG 0
Location: Communitv Wide HOME $100,000
Start Date 10/01/2014 Other Sousces $245,000
Completion Date 09/30/2015 Total $345,000
DENTON CITY COUNTY DAY SCHOOL
Pro�Tision of childcare ser�Tices for children of low income households between the ages of 2 years and 5 years.
Funds will be utilized to pay for teacher's salaries. The school provides affordable day care on a sliding scale.
Pro�ect will be carried out bv the Citv's Communitv Develo ment Division and Denton Citv Countv Dav School.
HUD Matrix Code: 05L Child Care Ser�Tices 570.201(e) Objectives:
Eligibility: 570.208(a)(2) — Low/Mod Limited Clientele � Suitable Living Environment
❑ Decent Housing
Priority Need: Public Ser�Tices � Creating Economic
Specific Objective:
Improve the services for low/moderate income Opportunities
persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to a� Availability/Accessibility
Indicators: ser�Tice - 144 children � Affordabilitt�
Project Goals: 144 children ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HN/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $34,000
Location: 1603 Paislev Street, Denton Texas 76209 HOME
Start Date 10/01/14 Other Sousces $0
Completion Date 09/30/15 Total $34,000
Page 8
DENTON CITY COUNTY DAY SCHOOL IMPROVEMENTS
Project consists of making needed improvements to the kitchen to comply with kitchen commercial standards.
The school provides affordable day care on a sliding scale for children of low and moderate income households
between the ages of 2 years and 5 years. Project will be carried out by the City's Community Development
Division and Denton Citv Countv Dav School.
HUD Matrix Code: 05L Child Care Ser�Tices 570.201(e) Objectives:
Eligibility: 570.208(a)(2) — Low/Mod Limited Clientele � Suitable Living Environment
❑ Decent Housing
Priority Need: Public Ser�Tices � Creating Economic
Specific Objective:
Improve the services for low/moderate income Opportunities
persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to a� Availability/Accessibility
Indicators: ser�Tice - 144 children � Affordabilitt�
Project Goals: 144 children ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HN/AIDS ❑ Disabled Funding:
Subrecipient: Private 570.500(c) CDBG $102,767
Location: 1603 Paislev Street, Denton Texas 76209 HOME
Start Date 10/01/14 Other Sousces $0
Completion Date 09/30/15 Total $102,767
DENTON COUNTY FRIENDS OF THE FAMILY
Pro�Tision of counseling senTices, crisis assistance and emergency shelter for family members impacted by domestic
violence and/or sexual assault. Funds will be utilized to pay a percentage of the salary for shelter staf£ Program
will be carried out by the Denton County Friends of the Family.
HUD Matrix Code: 05G Battered and Abused Spouses 570.201(e) Objectives:
Eligibility: 570.208(a)(2) — Low/Mod Limited Clientele � Suitable Living Environment
❑ Decent Housing
Priority Need: Homeless � Creating Economic
Opportunities
Specific Objective: Pro�Tide emergency senTices for homeless persons.
Outcomes:
Specific Outcomes Number of persons assisted with improved access to a� Availability/Accessibility
Indicators: ser�Tice —5440 persons � Affordabilitt�
Project Goals: 4177 persons ❑ Sustainabilitt�
Primary Purpose: � Homeless ❑ HN/AIDS ❑ Disabled Funding:
Subrecipient: Pri�Tate 570.500(c) CDBG $25,000
Location: Confidential HOME
Start Date 10/01/2014 Other Sousces $1,913,989
Completion Date 09/30/2015 Total $1,938,989
Page 9
FRED MOORE DAY NURSERY PROJECT
Project consists of improvements to the childsen's Activity Room. This will provide a safe, sheltered area for the
daycare activities. The day care provides services to low and moderate-income families. The project will be carried
out by Fred Moore Day Nussery School and the Community Development Division.
HUD Matrix Code: 03M Child Care Centers 570.201 (C) Objectives:
Eligibility: 570.208(a)(2) — Low/Mod Limited Clientele � Suitable Living
Env�onment
Priority Need: Public Facilities ❑ Decent Housing
❑ Creating Economic
Specific Objective: Impro�Te senTices for low and moderate-income O ortunities
persons.
Outcomes:
Specific Outcomes Number of persons assisted with access to improved � Availability/Accessibility
Indicators: facilitt� — 140 children � Affordabilitt�
Project Goals: 140 children ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HN/AIDS ❑ Disabled Funding:
Subrecipient: Pri�Tate 570.500(c) CDBG $40,000
Location: 821 Cross Timber Street, Denton, 76205 HOME 0
Start Date 08/01/2014 Other Sousces 0
Completion Date 05/31/2015 Total $40,000
HEALTH SERVICES OF NORTH TEXAS
Provision of food and medical care to individuals and fai�ilies impacted by AIDS/HN and medical assistance to
underserved, low-income, and uninsused residents of the city of Denton through the Denton Medical Center.
Funds will be used to expand the Pharmaceutical Assistance Program and to buy food, and hygiene products for
non-HN related infections and cl�sonic diseases. Program will be carried out by Health Services of North Texas.
HUD Matrix Code: 05 Public SenTices (General) 570.201(e) Objectives:
� Suitable Living Env�onment
Eligibility: 570.208(a)(2) Low/Mod Limited Clientele � Decent Housing
Priority Need: Non-Homeless Special Needs � Creating Economic
Specific Objective: Improve the services for low/moderate income Opportunities
persons.
Outcomes:
Specific Outcomes: Number of persons assisted with improved access to a� Availability/Accessibility
ser�Tice — 356 persons ❑ Affordabilitt�
Project Goals: 356 People ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HN/AIDS ❑ Disabled Funding:
Subrecipient: Pri�Tate 570.500(c) CDBG $29,000
Location: 4210 Mesa Drive, Denton Texas 76207 HOME
Start Date 10/1/2014 Other Sousces $1,829,083
Completion Date 9/30/2015 Total $1,858,083
Page 10
HOME IMPROVEMENT PROGRAM
Rehabilitation of owner-occupied structuses in targeted neighborhoods. Funds are available in low interest loan
and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed. Funding
also includes estimated program income for HOME ($58,500) and CDBG ($8,000). Program will be carried out bv
the Citv's Communitv Develo ment Division.
HUD Matrix Code: 14A Rehab; Single-Unit Residentia1570.202 Objectives:
❑ Suitable Living Environment
Eligibility: 570.208(a)(3) — Low/Mod Housing � Decent Housing
Priority Need: Owner-occupied Housing ❑ Creating Economic
Opportunities
Specific Objective: Impro�Te the qualitt� of owner-occupied housing.
Outcomes:
Specific Outcomes Number of units brought from substandard to � Availability/Accessibility
Indicators: standard condition — 7 housing units � Affordabilitt�
Project Goals: 7 housing units ❑ Sustainabilitt�
Primary Purpose: ❑ Homeless ❑ HN/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $171,230
Location: Communitv Wide HOME $292,486
Start Date 08/01/2014 Other Sousces
Completion Date 07/31/2015 Total $463,716
MINOR REPAIR PROGRAM
Program ser�Tes low-income homeowners by pro�Tiding a grant of up to $5,000 for repairs. Repair cannot be
covered by homeowner's insurance. Program carried out by the City's Community Development Division.
HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives:
Eligibility: 570.208(a)(3) — Low/Mod Housing ❑ Suitable Living Environment
� Decent Housing
Priority Need: Owner-occupied Housing ❑ Creating Economic
Opportunities
Specific Objective: Impro�Te the qualitt� of owner housing.
Outcomes:
Specific Outcomes Number of units occupied by elderly - 8 � A�Tailability/Accessibility
Indicators: Number of units made accessible - 4 � Affordabilitt�
Project Goals: 40 housing units ❑ Sustainabilitt�
Primary Purpose: ❑ Homeless ❑ HN/AIDS ❑ Disabled Funding:
Subrecipient: Local Go�Ternment CDBG $90,720
Location: Communitv Wide HOME
Start Date 08/01/2014 Other Sousces
Completion Date �/31/2015 Total $90,720
Page 11
MACK PARK PLAYGROUND REPLACEMENT
Project consist of the replacing the playground unit at Mack Park with an updated U.S. Consumer Protection
Agency, ADA approved playground unit. The cusrent unit is outdated and significant advancements have been
made in accessibility standards in recent years. The project is located in a low and moderate income service area
that has a total of 7,063 eo le. The ro�ect will be carried out bv the Citds Parks and Recreation De artment.
HUD Matrix Code: 03F Parks, Recreation Facility
Objectives:
Eligibility: 570.208(a)(1) Low/Mod Asea � Suitable Living Environment
Priority Need: Infrastructuse ❑ Decent Housing
❑ Creating Economic
Specific Objective: Improve quality/increase quantity of public Opportunities
unpro�Tements for low income persons.
Specific Outcomes Number of persons assisted where acti�Titt� was used to Outcomes:
meet a measusable improvement of quality. — 7,063 � Availability/Accessibility
Indicators: eo le � Affordabilitt�
Project Goals: 7,063 people ❑ Sustainabilitt�
Primary Purpose: ❑ Homeless ❑ HN/AIDS ❑ Disabled Funding:
Subrecipient: Local Government CDBG $115,000
Location: 1701 E. McKinnev Street Denton Texas HOME 0
Start Date 09/01/2014 Other Sousces 0
Completion Date 06/30/2015 Total $115,000
SERVE DENTON FACILITY IMPROVEMENTS
Project consists of facility improvements to a building that will serve as a central service area for individuals and
families needing various types of assistance. The project will include improvements such as a Pantry/Clothing
Closet room and a client counseling area. The project will be carried out by Serve Denton and the Community
Develo ment Division.
HUD Matrix Code: 03 Other Public Facilities and Impro�Tements Objectives:
� Suitable Living
Eligibility: 570.208(a)(2) — Low/Mod Limited Clientele Environment
❑ Decent Housing
Priority Need: Public Facilities � Creating Economic
Specific Objective: Impro�Te senTices for low and moderate income Opportunities
people.
Outcomes:
Specific Outcomes Number of persons assisted with access to improved � Availability/Accessibility
Indicators: facilitt� — 5414 people � Affordabilitt�
Project Goals: 5414 people ❑ Sustainability
Primary Purpose: ❑ Homeless ❑ HN/AIDS ❑ Disabled Funding:
Subrecipient: Pri�Tate 570.500(c) CDBG $65,000
Location: 1910 E. Universitv Drive, Denton, TX 76209 HOME 0
Start Date 09/01/2014 Other Sousces 0
Completion Date 05/31/2015 Total $65,000
Page 12
SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS)
Provision of congregate and home-delivered meals to the elderly. Funds will be used to buy meals. SPAN provides
meals, primarily to elderly Denton residents or to persons sixtt� years or older. Home meals are specifically
provided to home-bound persons. Congregate meals are provided at two local senior centers. Of the meals
provided by SPAN, Inc., 16% are congregate meals and 84% are home-delivered meals. Program will be carried
out bv SPAN.
HUD Matrix Code: 05A Senior SenTices 570.201(e) Objectives:
Eligibility: 570.208(a)(2) — Low/Mod Limited Clientele � Suitable Living
Env�onment
Priority Need: Non-housing special needs ❑ Decent Housing
❑ Creating Economic
Specific Objective: Impro�Te the ser�Tices for low/moderate income persons. O ortunities
Outcomes:
Specific Outcomes Number of persons assisted with improved access to a � Availability/Accessibility
Indicators: ser�Tice — 965 persons � Affordabilitt�
Project Goals: 965 people ❑ Sustainabilitt�
Primary Purpose: ❑ Homeless ❑ HN/AIDS ❑ Disabled Funding:
Subreci ient: Private 570.500 c CDBG $14,319
Location: 1800 Malone Street, Denton, Texas 76201 HOME
Start Date 10/01/2014 Other Sousces $666,917
Com letion Date 09/30/2015 Total $681 236
Page 13
OTHER RESOURCES AVAILABLE
GENERAI. FUNDS
r11so, during the 2014 pYOgYam yeaY, the City of Denton plans to undertake addirional
acriviries/pYOgYams to addYess local objecrives and strategies using City of Denton GeneYal Fund
dollaYS.
The Human Services Advisor�T Committee has recommended funding the following human services
pYOgYams. It is Yecommended that these acriviries be funded thYOUgh Denton's geneYal fund budget.
City Council will consider approval of the following recommendarions in September 2014.
Name of Agency Proposed General ' Other ' Total
' Goals Funds ; Funds Funds
Aging Services
ReriYed SenioY VolunteeY PYO Yam 730 $11,000 $194,207 $205,207
S ecial Pro rams for A�n Needs SPAN N/A* $5,700 N/A* $5,700
Emergency Services
Givin HOPE, Inc. - HMIS N/A $18,000 $73,680 $91,680
Givin HOPE, Inc. - TYansirional Housin 20 $25,500 $165,552 $191,052
InteYfaith Ministries 50 $3,800 $25,000 $28,800
Salvarion AYm r of Denton 1750 $20,000 $195,650 $215,650
Da Care /After School Care
Denton Chrisrian PYeschool 100 $26,000 $316,755 $342,755
Fred Moore Da T School Nurse T 140 $45,000 $578,900 $623,900
Child/Family Services
Court Appointed Special Advocates
CASA 550 $12,000 $856,067 $868,067
Communiries in School 350 $11,000 $165,196 $176,196
Health/Mental Services
Denton Communi r Health Clinic 148 $10,000 $20,000 $30,000
Denton Coun r MHMR CenteY 36 $9,000 $1,839,892 $1,848,892
Famil r Health CaYe, Inc. 72 $18,000 $397,714 $415,714
Total 3946 $215,000 $4,828,613 $5,043,613 '
*The proposed goals were reported in CDBG since SPAN is recommended for both CDBG and
General Funds.
Page 14
STRATEGIES & PROPOSED PROJECTS
The City of Denton's 2014 funding has been allocated to pYOgYams and acriviries that meet
objecrives stated in Denton's five-yeaY strategic plan. Following is the list of the five-yeaY strategies
and pYOposed outcomes stated in the 2010-14 Consolidated Plan and pYOposed pYOjects and
acriviries that will be undeYtaken to meet those strategies.
Outcome/ 5-yr Consolidated
Objective Plan 5-yr Consolidated Plan 1-yr Action Plan
Strategy Outcome Measures Proposed Activities
RENTAL HOUSING STRATEGIES
H-3.1 ncousage and n addition of 150 rovide support for developments meeting
ustainability support the ffordable units in miYed his strategy.
f Decent evelopment of small � come developments with
ousing iYed-income rental 0 units or less would assist
evelopments in � meeting this outcome
ccessible areas. easuse.
H-2.1 ncourage self- elf sufficiency programs will ork with and pro�Tide funding when
ffordability of sufficiency among arget households receiving ppropriate to support transitional housing
ecent ouseholds that ental assistance and other d self-sufficiency programs administered by
ousing urrently receive rental orms of public assistance. enton Housing Authority and Giving
subsidies and other reate housing affordability OPE, Inc. and other local organizations.
orms of public or 3 to 5 households per
support rear.
H-1.1 ncousage and upport repairs or ork with Community Improvement
vailability/ support the ehabilitation of 5 to 10 units ivision and local rental property owners to
ccessibility of ehabilitation of er year. �dentify and support rehabilitation of
ecent substandard units. substandard units.
ousing
H-2.2 ncousage and assist ppro�rnately 150 renters ontinue supporting the City's Homebuyer
ffordability of ow-income renters to ill be assisted. ssistance Program, DAHC's Affordable
ecent ecome homeowners. ousing Opportunitt� Program, Denton
ousing ousing Authority's Family Self Sufficiency
rogram and Habitat for Humanity.
H-1.2 arget programs and ous newsletters per year isseminate program information in Spanish
vailability/ � formation to ill be sent out. Additional d English to organizations serving these
ccessibility of inorities and the � formation will appear on roups.
ecent lderly. able channel.
ousing
OWNER-OCCUPIED HOUSING STRATEGIES
H-2.3 ducate homeowners nformation will be pro�Tided e�Ten (7) households will be pro�Tided
ffordabilitt� of egarding home o 8-10 households per year. successful homeowner education through the
ecent aintenance and ome Improvement Program.
ousing udgeting for major
d minor repairs and
safe cleaning practices.
Page 15
Outcome/ 5-yr Consolidated
Objective Plan 5-yr Consolidated Plan 1-yr Action Plan
Strategy Outcome Measures Proposed Activities
H-2.4 ssist low and ro�Tide minor repairs to unding of the Minor Repair Program for a
ffordability of oderate-income ppro�mately 100 very low inimum of 40 households.
ecent ouseholds with o moderate-income
ousing inor housing repairs omeowners.
d weatherization.
H-3.2 ncousage and assist ssistance to 20 to 35 unding of the Home Improvement Program
ustainability ow and moderate- ouseholds. It is anticipated or 7 households.
f Decent � come homeowners hat 25%-35% of the annual
ousing o maintain their units allocation will be dedicated
p to cusrent City of o this targeted area.
enton code
standards in targeted
eas.
HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS
H-2.5 ducate homebuyers nformation will be pro�Tided upport of HUD appro�Ted homeownership
ffordability of egarding home o 100 prospective orkshops by local agencies and lenders.
ecent uying process and omebuyers. rovide class information to at least 15
ousing ousehold budgeting. omebuyers to the Homebuyer Assistance
rogram.
H-2.6 ncousage and assist ppro�rnately 100 renters upport the City of Denton's Homebuyer
ffordability of ow and moderate ill be assisted. ssistance Program with residual funds and
ecent � come renters to rovide funding to DAHC's Affordable
ousing ecome homeowners. ousing Opportunitt� Program.
t is anticipated that
5% to 50% will be
inoritt� households.
H-2.7 upport production of onstruction of an estimated upport the Habitat for Humanity's New
ffordability of ffordable units. 0 new units. onstruction Program.
ecent
ousing
CONTINUUM OF CARE — PREVENTING HOMELESSNESS
H-2.8 rovide assistance for 1) Support a m;n;mum of 1a) Support and refer persons to local
ffordability of ow-income 100 units of individual business and agency's' First Time
ecent ouseholds to secuse and group counseling and Homebuyer classes and Credit
ousing d sustain safe, educational opportunities Counseling Classes
ecent affordable concerning secusing and 1b) Provide funding to Giving Hope, Inc in
ousing maintaining a home. support of counseling, education and case
) Support 750 individual/ management
family units of services to a) Provide administrative support
secuse and maintain b) Continue to support the HUD
housing including Counseling Agencies, Gi�Ting Hope, Inc.
prevention of foreclosuse that assists in foreclosuse prevention.
and eviction a year.
CONTINUUM OF CARE — OUTREACH AND ASSESSMENT
Page 16
Outcome/ 5-yr Consolidated
Objective Plan 5-yr Consolidated Plan 1-yr Action Plan
Strategy Outcome Measures Proposed Activities
L-1.1 mprove community 1) Continue implementation 1) Provide funds to Homeless Management
vailability/ ssessment of needs of HMIS. Increase data Information System to enroll and support
ccessibility of d services available sharing and number of homeless service agencies.
uitable Living participants. At least 3— a) Assist the DCHC to merge with the
nvi�onment 5 agencies should Texas Balance of State CoC and
participate in data implement locally the CoC's plan to end
sharing. Chronic Homelessness
) Support development of b) Assist with the implementation of a
a county-wide, Coordinated Access Network for the
coordinated Discharge assessment of needs and services.
Policy and Plan to End
Chronic Homelessness in
two vears.
CONTINUUM OF CARE — EMERGENCY SHELTER
H-1.3 eet the emergency 1) Support at least 1,000 1) Provide funds to the Denton County
vailability/ shelter and basic emergency shelter nights Friends of the Family Safe Shelter and
ccessibility of ealth, food, clothing, of stay a year. Salvation Asmy of Denton.
ecent d personal hygiene ) Assist local agencies to 2) Support local agencies with application to
ousing eeds of the homeless apply for at least three Emergency Solutions Grant, Supportive
d victims of grants to provide Housing Program and other grants as
omestic violence. supportive services to all applicable.
homeless, �Tictims of
domestic violence,
homeless families or
homeless vouth.
CONTINUUM OF CARE — TRANSITIONAL HOUSING
H-1.4 eet the transitional 1) Support at least 50 1a) Provide funds to Giving Hope, Inc's
vailability/ ousing and individuals/ families transitional shelter program to assist 20
ccessibility of supportive service provided with transitional people.
ecent eeds of the homeless housing a year 2a) Provide local agencies with information
ousing d victims of ) Assist local agencies to on grant opportunities for funds to
omestic violence in apply for at least two support transitional housing and
reparation for a grants to provide supportive services.
ove to permanent or additional transitional 2b) Provide support for the applications to
ermanent supportive housing and supportive request Emergency Solutions Grant
ousing. ser�Tices Funds, Supporti�Te Housing Program and
) Support the increase use other funds as applicable for transitional
of transitional housing housing and supportive services.
and/or supportive 3) Assist the Denton County Homeless
services to prepare Coalition with the local implementation
individuals for permanent of the Texas Balance of State CoC's plan
housing in the Ten Year to end Chronic Homelessness.
Plan to End
Homelessness.
Page 17
Outcome/ 5-yr Consolidated
Objective Plan 5-yr Consolidated Plan 1-yr Action Plan
Strategy Outcome Measures Proposed Activities
CONTINUUM OF CARE –
TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING
H-3.3 Provide homeless 1) Assist agencies to apply 1a) Support local Giving Hope, Inc. and
ustainability �d victims of for at least two grants to Denton County MHMR apply for
f Decent pro�Tide permanent Supporti�Te Housing Program funds for
domestic violence
ousing �,ith permanent or supportive housing with permanent supportive housing program
an emphasis on cl�sonic projects.
permanent homeless and persons 1b) Provide local agencies with information
supportive housing. �,ith a severe mental on grant opportunities for funds to
illness and/ or HN support transitional housing and
positive status. supportive services.
) Assist at least two 2a) Participate in the Denton County
community partnerships/ Homeless Coalition.
collaborative efforts to 2b) Provide funding to support programs of
continue to provide Giving Hope, Inc, Denton County
additional permanent Friends of the Family, and Denton
housing opportunities to Affordable Housing Corporation who
the homeless, potentially have a collaborative effort to move
homeless and �Tictims of �Tictims of domestic �Tiolence from
domestic violence emergency shelter to Transitional
housing in preparation for stable,
sustainable permanent housing.
2c) Support local agencies with application to
Emergency Solutions Grant, Supportive
Housing Program and other grants as
a licable.
LEAD-BASED PAINT STRATEGIES
H-1.5 ducate homeowners, 0 households and 50-75 welve (12) homeowners will receive both
vailability/ ental property ontractors and property he HUD pamphlet—Protect Yous Family
ccessibility of wners/managers & anagers received field rom Lead in Yous Home and the EPA
ecent ontractors regarding uides for painting, home amphlet—Renovate Right. Fifteen realtors
ousing �sclosuse, the history aintenance and renovation ill be educated on both the HUD Lead Rule
f lead-based paint, its ork instructions. 20 d the EPA RRI' Rule. All contractors
azards to childsen wners, managers or ontacted will be encousaged to receive EPA
d how to use safe ontractors receive ertification.
ork practices when � dividual safe work practice
�stusbing paint in rideo training for the five-
lder housin . �ear eriod
H-1.6 educe Lead-Based verage of 40 units will n properties built before 1978, five minor
vailability/ aint Hazards in eceive lead-based paint epairs, tl�see owner occupied rehabilitations
ccessibility of wner and renter- � spection, hazard control d five homebuyer assistance projects will be
ecent ccupied residential eduction work or ompleted and receive lead-based paint
ousing its as needed. abatement, pass inspections eduction work, pass inspections and meet
and, when requi�ed, meet inal clearance in compliance with 24 CFR 35
final clearance over the five- egarding lead-based paint during 2011. For
�ear period. he Homebuyer Assistance Program, only a
Tisual inspection will be conducted and
ro ertv must ass ins ection.
HUMAN SERVICES STRATEGIES
Page 18
Outcome/ 5-yr Consolidated
Objective Plan 5-yr Consolidated Plan 1-yr Action Plan
Strategy Outcome Measures Proposed Activities
L-1.2 eet the basic food 1) Support at least 300 1a) Provide funds to support the Nutrition
vailability/ eeds of the homeless emergency meals and Center of Health Services of North Texas
ccessibility of d low-income food bags a year and the Salvation Asmy of Denton
uitable Living KARE Kitchen to provide an estimated
nvi�onment ) Support at least 150 meals 2200 persons with emergency meals.
and nutritional food b) Provide funds to support SPAN who will
bags/shops a year provide meals to 310 to persons over 60
or disabled ersons.
L-1.3 eet the basic shelter 1) Support at least 250 1a) Provide funds to the Denton County
vailability/ eeds of homeless and emergency shelter nights Friends of the Family Shelter to assist
ccessibility of ow-income persons of stay a year 4,177 people with 9,000 shelter days.
uitable Living ) Support at least 25 1b) Support local agencies with application to
nvironment individuals/ families Emergency Solutions Grant, providing
provided with transitional funding to emergency shelter programs at
housing a year Denton County Friends of the Family
3) Provide at least 60 houss and Salvation Asmy
of staff time in support of 2) Provide funds to Giving Hope, Inc to
at least 3 projects for the support a transitional housing program
Denton County for an estimated 20 persons.
Homeless Coalition a year 3) Provide 60 staff houss to support the
) Support 75 individual/ Denton County Homeless Coalition with
family units of case Advocacy Committee, PIT Count, and
management and other Coordinated Access Network (CAN)
services to maintain a) Provide administrative support
housing including 4b) Continue to support the HUD
pre�Tention of foreclosure Counseling Agencies, Gi�Ting Hope, Inc.
and eviction a vear that assists in foreclosuse revention.
L-1.4 oster and maintain an 1) Participate in at least 3 1a) Participate in the Denton County
vailability/ nvi�onment where coalitions and/or Homeless Coalition in the effort to
ccessibility of amilies, collaborative efforts for prevent and end homelessness. Denton
uitable Living eighborhoods, and community initiatives to Information Network (DIN), The Pre-K
nvironment ommunities enjoy foster and maintain an Coalition and Bank on Denton
strong, supportive envi�onment to promote a) Provide funds to three daycares to
elationships strong, supportive support the provision of childcare to an
relationships. estimated 385 childsen.
) Support at least 150 b) Provide funds to after school/summer
individuals/ family units care programs and the provision of
of childcare, after-school childcare for 56 children.
and summer care, a) Provide funds to Denton County Friends
parenting skills, and adult of the Family for the provision of
education assistance a domestic violence and sexual assault
year. �Tictim senTices including counseling.
3) Support at least 75 units b) Provide support to Childsen's Advocacy
of domestic violence and Center for Denton County to provide
sexual assault prevention sexual abuse/assault services to childsen
education and training a and non-offending families members.
year c) Provide funds to Denton County Friends
of the Family for the provision of
communitt� education and offender
classes to prevent domestic violence and
sexual assault.
Page 19
Outcome/ 5-yr Consolidated
Objective Plan 5-yr Consolidated Plan 1-yr Action Plan
Strategy Outcome Measures Proposed Activities
L-1.5 ity residents have 1) Support at least 50 units 1) Provide support to Family Health Care
vailability/ ccess to health care of health care services a and Denton Community Health Clinic
ccessibility of o be as physically and year. and for primary health care and pre-natal
uitable Living entally fit as possible ) Participate in any services for the delivery of 200 units of
nvi�onment coalitions/collaborative health care services.
efforts to improve
availabilitv of health care
especially for low-
income persons, elderly,
and people with
disabilities.
^) Support at least 20 units
of inental health care
ser�Tices a vear.
INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES
L-3.1 treet improvements. romote livability & ot applicable this year.
ustainabilitv sustainability for residents of
f Suitable ow/mod neighborhoods.
iving rojects will support 200
nvironment hs.
L-3.2 nstallation of new romote livability and ot applicable this year.
ustainabilitv sidewalks and sustainability for residents of
f Suitable eplacement sidewalks. ow/mod neighborhoods.
iving rojects will support 200
nvironment hs.
L-3.3 nstallation of water romote livability and ot applicable this year.
ustainabilitv d sewer lines. sustainability for residents of
f Suitable onnection of ow/mod neighborhoods.
iving esidential units to rojects will support 150
nvi�onment services. hs.
L-3.4 nstallation of dsainage romote livability and ot applicable this year.
ustainability � provements sustainability for residents of
f Suitable � cluding ow/mod neighborhoods.
iving � provements that roject will support
nvironment ill remove residential ppro�mately 50 hhs.
roperties from
ood lain.
L-3.5 ehabilitation and mprove availability & unding the following public facilities: Fred
ustainabilitt� xpansion of public ccessibilitt� of ser�Tices oore Day Nursery Impro�Tements, SenTe
f Suitable services facilities. l�sough improvement to at enton Facility Improvements and Denton
iving east 2 public service ity County Day School Improvements.
nvi�onment acilities.
L-3.6 mprove and/or mprove availability & rovided funding to replacement the Mack
ustainability xpand park facilities ccessibility of services to at ark playground with an ADA approved
f Suitable � cluding open space, east 2 park facilities. layground unit.
iving layground and other
nvi�onment ecreational facilities.
DEMOLITION STRATEGIES
Page 20
Outcome/ 5-yr Consolidated
Objective Plan 5-yr Consolidated Plan 1-yr Action Plan
Strategy Outcome Measures Proposed Activities
L-3.7 ontinue to demolish o demolish 20 structuses ontinued support for the Demolition
ustainability substandard buildings using the five-year period. rogram through Community Improvement
f Suitable o improvement the ivision.
iving ppearance and safety
n�Tironment f nei hborhoods
ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES
0-3.1 upport training and rovide economic rovide non-federal incentives to
ustainability mployment activities pportunity by supporting rganizations to create jobs. Work with job
f Economic argeted to poverty ctivities that create jobs. raining organizations to promote training in
pportunity d very low-income bserve an increase in the specific areas of need.
ouseholds. umber of po�Tertt� and low-
� come hhs that achieve self-
sufficienc��*.
0-1.1 xpand educational rovide economic rovide funding to transitional housing
vailability/ pportunities for pportunity for transitional roviders. Request that information on
ccessibility of hose seeking ousing clients. 25-35 hh ducational opportunities be provided to
conomic ransitional housing or (o�Ter 5 years) recei�Te lients.
pportunity ther housing support ounseling/educational
ser�Tices. ser�Tices.
0-1.2 ncousage support of ver the five-year period onitor federally funded projects and work
vailability/ ection 3 goals by 5+ individuals hired for ith contractors to ensuse that Section 3
ccessibility of ocal contractors. rojects by private equirements are fulfilled.
conomic ontractors.
ortunitv
BARRIERS TO AFFORDABLE HOUSING STRATEGIES
H-1.6 ducate the mprove accessibility and uarterly newsletter will be sent out to
vailability/Ac ommunity regarding vailability of information on lients, local lenders, realtors, agencies,
essibility of he benefits of ffordable units by providing husches, neighborhood associations,
ecent ffordable housing. omeownership and fair �braries, recreation centers and many others.
ousing ousing information, hree public hearings will be held during the
uarterly newsletters, at least reparation of the annual action plan and the
ublic hearin s annuallv. re aration of the erformance re ort.
H-2.9 n an annual basis, reate affordability in ontinue to request impact fee grants from
ffordabilitt� of equest appro�Tal and ousing through pro�Tision he General Fund for housing non-profits for
ecent unding for impact fee f an average of tl�see to five he construction of affordable housing.
ousing rants for producers rants per year over the five-
f affordable housin . �ear eriod.
H-2.10 llocate funding to reate affordability in unding support for Denton Affordable
ffordabilitt� of he non-profit and for- ousing through ousing Corporation. Continued support of
ecent rofit organizations onstruction of 25 — 50 SF abitat for Humanity and private developers.
ousing hat are developing its and 50 -100 rental units
ffordable housing. hat are affordable to low-
equest that they � come households over the
ttempt to ma�mize ive-year period.
he leveraging of these
ollars and pro�Tide
ocumentation.
Page 21
2014 PROPOSED PROJECT MAP
With Minority Concentrated aYeas by Census TYacts
2014 Pro�ects and Activities
1. Mack Park Playground Replacement
2. Denton City County Day School*
3. Serve Denton Facility Improvements
Communitv-Wide Activities
Community Development Administration
Denton Affordable Housing Corp.
Home Improvement Program
Minority
Concentration
by Census Tiacts
0 - 25%
+25% - 30%
+31% - 40%
+41% - 50%
+50% - 100%
Souice: U.S. 2000 Census
4. Health Services of North Texas*
5. City of Denton Kids Summer Camp*
6. Fred Moore Day Nussery Project
Minor Repair Program
SenTices Program for Aging Needs, Inc
GeogYaphic distriburion of pYOjects is based on cirizen comments, service pYOVideY and City staff
input regarding significant needs in the low-income community, specifically in regard to public
facility impYOVements. Home ImpYOVement PYOgYam acriviries aYe limited to low-income aYeas that
aYe zoned YesidenriaL This is to ensure that substanrial amounts of funding aYe not expended on
housing in aYeas zoned commeYCial oY industrial, where the zoning transirion in the neaY futuYe,
would no longer allow residenrial development.
*Public service acrivity locarions aYe pYOVided on the above map that indicates the locarion wheYe
the services aYe taking place, howeveY, services pYOVided by each of the oYganizarions is available to
low and moderate-income households throughout the Denton community.
Page 22
OTHER PROGRAM SPECIFIC REQUIREMENTS
HOME Investment Partnership Program HOME�
The jurisdicrion must describe acriviries planned with HOME funds expected to be available
during the yeaY.
A descriprion of other forms of investment being used be�Tond those idenrified in Secrion
92.205 is as follows:
The City of Denton does not utilize otheY foYms of investment beyond those idenrified in
92.205(b). The City will not peYmit otheY foYms of investmentwithout the prioY appYOVal of
HUD.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when
used for homebu�Ter acrivities as required in 92.254, is as follows:
The City of Denton utilizes HOME funds to pYOVide assistance to first-rime homebuyeYS with
closing costs, down payment, prepaids and principal reducrion through the City of Denton's
Homebuyer Assistance Program (HAP) and Denton Affordable Housing Corp.'s Affordable
Housing Opportunit�T Program (AHOP). The maximum HOME subsid�T for both programs
will be $14,900. The HOME subsidy sets up a 5-yeaY Yecapture period and pYOVided as a
defeYYed foYgivable loan at a 0% inteYest Yate.
City of Denton utilizes Yecapture foY both pYOgYams as Yequired by 24 CFR 92.254(a).
Recapture occurs when the homebuyer sells the property during the affordability period, or
when the Yecipient of HOME funds defaults by leasing the pYOpeYty, fails to maintain the
propert�T as a primar�T residence, the propert�T is foreclosed on b�T an�T lender, or when the
Yecipient violates the covenants contained in the Written AgYeement between the homebuyeY
and the City of Denton oY DAHC. The teYms of YecaptuYe aYe contained in the Written
Agreement between the homebuyer and the City of Denton or Denton Affordable Housing
Corporarion.
The City of Denton and DAHC's homebuyers that receive direct down payment, closing cost,
principal buydown assistance and/oY a Yeducrion of the sales price to below the maYket value
to make the unit(s) affoYdable, will meet the affoYdability period if they Yemain in the home foY
the full YequiYed period of affoYdability as deteYmined by the amount of the assistance Yeceived
(five to fifteen yeaYS). The actual Yequired period of affoYdability will be based on the total
amount of the diYect HOME assistance pYOVided as noted below. The effecrive date of the
beginning of the Yequired period of affoYdability is the date all complerion data is enteYed into
IDIS and as documented by a fully executed HUD-1, a copy of which has been placed in each
individual homebu�Ter's file.
HOME Program Assistance Minimum Required Affordabilit�T
Amount Period in YeaYs
$1,000 - $14,999.99 5
$15,000 — $40,000 10
Over $40,000 15
Page 23
UndeY "RecaptuYe", if the home is sold prioY to the end of the YequiYed affoYdability period a
portion of the net sales pYOCeeds from the sale, if any, will be Yeturned to the City of Denton to
be used foY otheY HOME-eligible acriviries. The portion of the net sales pYOCeeds that is
YetuYned to the City of Denton is equal to the amount of HOME funds invested in the
pYOperty less the amount foY each full month that the Yesidence was occupied by the
homebu�Ter or propert�T owner as his/her/their principal residence. An�T funds remaining after
the distriburion of the net sales pYOCeeds to all lien holdeYS, including the City of Denton, will
be YetuYned to the homeowneY. In the event of a sale, short sale oY foYeclosuYe, the amount
YecaptuYed will be limited to the amount of `net sales pYOCeeds' available at the rime of such
occurrence.
If theYe aYe insufficient funds Yemaining from the sale of the pYOpeYty and the City of Denton
YecaptuYes less than oY none of the Yecapture amount due, the PJ must maintain data in each
individual file that pYOVides the amount of the sale and the distriburion of the funds. This will
document that:
i. There were no net sales proceeds; or
ii. The amount of the net sales pYOCeeds was insufficient to coveY the full amount
due; and that,
iii. No proceeds were distributed to the homeowner.
OtheY than the actual sale of the pYOperty, if the homebuyeY bYeaches the teYms and condirions
for an�T other reason, e.g. no longer occupies the propert�T as his/her/their principal residence,
the full amount of the subsidy is immediately due and payable. The City of Denton must
immediately Yepay its HOME TYeasury Account, from non-fedeYal funds, foY the full amount
of the assistance pYOVided whetheY oY not it can Yecoup any oY all of the funds from the
homebu�Ter.
3. A descriprion of the guidelines foY Yesale oY Yecapture that ensures the affoYdability of units
acquired with HOME funds aYe as follows:
FedeYal assistance will be pYOVided in the foYm of a 0% inteYest, defeYYed payment loan (DPL)
and will be secured by a HOME Written AgYeement, fully executed and dated by all applicable
parties and a PYOmissory Note and Deed of Trust. The Deed of Trust is YecoYded in the Real
Propert�T Records of Denton Count�T.
4. Plans foY using HOME funds to Yefinance e�sring debt secured by mulrifamily housing that is
Yehabilitated with HOME funds along with a descriprion of the Yefinancing guidelines
Yequired that will be used undeY 24 CFR 92.206(b), aYe as follows:
The Cit�T of Denton does not currentl�T use of HOME funds to refinance exisring debt secured
by mulri-family housing that is being Yehabilitated with HOME funds.
Page 24
MONITORING STANDARDS AND PROCEDURES
The City of Denton will complete an annual comparison of the objecrives stated in the 5-yeaY
Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton will
consideY making changes oY updates to the 5-yeaY Consolidated Plan.
The City of Denton provides CDBG and General Funds to several non-profits agencies and
departments providing supportive services. The Cit�T's Human Services Coordinator monitors
agencies on a daily basis. Each yeaY agency staff is pYOVided with training on financial pYOCeduYes
and data collecrion. Agency staff is pYOVided with appYOpriate FedeYal guidelines and OMB circulaYs
to ensure that they have access to peYrinent infoYmarion. Agencies aYe YequiYed to pYOVide quaYterly
beneficiary and financial YepoYts. A yeaY-end YepoYt is Yequired to detail annual expendituYes,
beneficiary infoYmarion, funding souYCes and majoY accomplishments. Each yeaY, the Human
Services CooYdinatoY completes a risk analysis based on established criteria. On-site monitoring visit
aYe completed on all "high risk" oYganizarions. The on-site monitoring includes a Yeview of client
files, financial and accounring YecoYds, and pYOCUrement pYOCeduYes. Independent audits are also
submitted and Yeviewed by the City staff.
FoY the HOME pYOgYam, a similaY pYOCess is also followed to monitoY the Denton AffoYdable
Housing Corporarion, a certified CHDO. The Cit�T's Communit�T Development Coordinator with
the help of the Community Development staff monitoYS the CHDO on a YegulaY basis to ensure
that the non-pYOfit is meering HOME Yegularions. r11so, the only Yental pYOject not funded through
the local CHDO, is a pYOject that pYOVides transirional housing and services foY single-paYent
families. This oYganizarion is also monitoYed annually including a Yeview of the client files foY
income information.
PYOgYams and pYOjects caYried out by the City aYe monitoYed daily. Staff maintains checklists on
individual pYOjects to ensure that all YequiYed pYOCedures have been completed. The housing
Yehabilitarion staff maintains YecoYds on all Yehabilitarion pYOjects. The Community Development
CooYdinatoY maintains YecoYds foY the HomebuyeY Assistance PYOgYam and the AdministratoY
maintains YecoYds on public infrastructuYe pYOjects. The Adi�iinistratoY Yeviews and certifies all
applicarions prioY to pYOVision of assistance. A yeaY-end YepoYt that details expenditures, Yevenue,
beneficiary infoYmarion and majoY accomplishments is also Yequired from all City pYOgYams and
pYOjects.
PUBLIC HOUSING IMPROVEMENTS
The Cit�T of Denton has no public housing units.
PUBLIC HOUSING RESIDENT INITIATIVES
The City of Denton has no public housing units. However, City staff will conrinue to work with the
Denton Housing Authority to pYOmote the HomebuyeYS Assistance PYOgYam to those currently
Yeceiving Secrion 8 assistance. InfoYmarion on the HomebuyeY Assistance PYOgYam has been mailed
to all Secrion 8 recipients with their urility bills. No resident iniriarives strategies were included in
the Consolidated Plan.
Page 25
INSTITUTIONAL STRUCTURE
The City of Denton's 2010-2014 Consolidated Plan notes siY "gaps" in oYganizarional structure that
hinder effecrive housing and social services deliver�T. These gaps include the following with the
City's efforts to ameliorate these condirions during the coming year:
Need for more effecrive communicarion between housing organizations in the North Texas
aYea, including those serving the City of Denton. Local housing oYganizarions need to woYk
togetheY to expand YesouYCes and pYOgYams to ensure that a variety of housing choices aYe
available to serve low and modeYate-income households.
Action to over-conaegap: Continue to encou7agepa7iiczpation in tbe Denton County Honaeless Coalition, tbe
Denton County Senior Se�vices and otber collal�o7ative o7gani�ations. LVo7k avitb agenczes and continue to
suppo7ipa7ine�:sb p�o7is and tbe sba7zng of info7�aation 7ega7ding funding oppo7iunities.
2. Need for more effecrive coordination between emergenc�T assistance agencies.
Action to over-conae gap: Continue to suppo7i �o7is of tbe Denton County Honaeless Coalition and HOPE, Inc.
to e.xpand tbe net�aro7k of o7gani�ationspa7iiczpating in HMIS.
3. Lack of private contractoYS experienced in lead-based paint hazaYd Yeducrion and abatement and
lack of funding to complete pYOjects. ContractoY training along with addirional funding taYgeted
to lead abatement is crirical to conrinue the City's owneY-occupied Yehabilitarion pYOgYam.
Action to over-conaegap: Beguest additional funding �arb�e availal�le to t7ain cont7acto7:s andpay increased costs.
1�o7k �aritb t7aining o7gani�ations topronaote t7aining oppo7iunities to local cont7acto7:s and enaployees.
4. Lack of shelteY faciliries foY families and youth.
Action to over-conae gap: Suppo7i �aro7k of Denton County Honaeless Coalition in ta7getingp7zo7zty se7vices and
faczlities needed in tbe area. Assist in grant �rzting and otbe� fo7nas of fund 7aising. Adnainiste�- bonaelessgrant
funds �arben app7op7zate and suppo7� is needed.
5. Lack of coordinarion of homebu�Ter/homeowner educational services needed to provide a
higher level of informarion.
Action to over-conae gap: Investigate a pa7ine7:sb p avitb tbe Denton Housing Coalition, Denton Affo7dal�le
Housing Co7�o7ation and/or tbe State of Texas to develop a nao7e conp7ebensive educationalp7ograna.
6. Inability to assist low and modeYate-income pYOpeYty owneYS to bring housing units up to
standaYd condirion.
Action to over-conae gap: Seek out additional funding to assist lo�ar inconae bonaeoavne�:s and �aro7k to develop
prograna orpoliczes to ensu7e tbat o�arne7:s of 7entalp7ope��y inaprove units as needed to naaintain unitup to local
code 7 egui7 enaents.
ADDRESSING THE CHRONIC HOMELESS
During the 2010-2014 Consolidated Plan pYOCess, the Denton County Homeless Coalirion (DCHC)
was woYking on a three-step planning appYOach to building a community strategy to end chronic
homelessness. Essenrially these weYe 1) Conducring YeseaYCh to idenrify stakeholdeYS, strategies,
goals, and acriviries to pYOmote appYOpriate services foY the chYOnic homelessness; 2) DYafring a
plan foY strategies, goals and acriviries to pYesent to stakeholdeYS; and 3) Convening a laYge
Page 26
community meering for all idenrified stakeholders to review, modify, and agree upon a plan for the
communit�T to end-chronic homelessness.
As a Yesult, of successful implementarion of these steps, the following aYe to be added to
community's overall strategy to end chronic homelessness. During the 2014/15 program year
DCHC will:
• MeYge with the Texas Balance of State (BOS) Conrinuum of CaYe (CoC) managed by the
Texas Homeless NetwoYk (THN) to expand access to funding, collaboYarive tools and
knowledge resources.
• Improve data collecrion and resources by improving the Homeless Management
Informarion System (HMIS) collecrions and increasing the number of contributors to HMIS
locally;
• Ensuring the Yelevance of data collected by moving from a biennial point-in-rime (PI'I�
homeless count to an annual count.
• Implement a centralized, community-wide cooYdinated system of services and pYOgYams that
is a client centered. The goal would be to unclog the system, reduce the duplicarion of
effoYts, impYOVe assessment to betteY idenrify each client's specific need.
Since joining the BOS CoC in just the first few months of 2014 the community is already seeing
successful Yesults. The amount of gYant dollaYS accessible foY homelessness pYOgYam has incYeased.
The annual PIT Count has impYOVed data quality, collecrion and YepoYring effoYts. The Yesults of
the count taken in January 2014 have already been compiled by THN in collaboYarion with the
DCHC and distributed communit�T wide offering the communit�T a more timel�T and realisric picture
of homelessness. PaYriciparion in the BOS CoC has also Yesulted in Denton being selected as one of
three Texas ciries to pilot the CooYdinated Access NetwoYk (CAN) system which will help meet the
goal of implemenring a cooYdinated system.
DCHC undeYStands that theYe aYe still seveYal obstacles to ending chronic homelessness including
data collecrion and sufficient funding foY housing first iniriarives as well as foY the necessary
supportive services for the chronically homeless that include economic stability; employment;
physical and mental health caYe services; substance abuse services; and transpoYtarion. These items
present significant barriers in moving the chronic homeless from experiencing homelessness to
maintaining the independence and self-sufficiency necessary to sustain peYmanent stable housing.
AccoYding to USICH's Opening DooYS, the only lasring solurion to homelessness is peYmanent
stable housing. To that end, a combinarion of YeseaYChed solurions from expeYts like USICH, TICH
and THN; as well coordinarion local best pracrices idenrified through DCHC efforts, DCHC now
affirms that a housing first appYOach and centralized, community-wide cooYdinated system of
services and programs will move individuals experiencing chronic homelessness more efficientl�T to
sustainable permanent housing. These will be fundamental to ending chronic homelessness.
Page 27
HOME PROGRAM - MINORITY OUTREACH PROGRAM
To ensure emplo�Tment and business opportuniries for minorit�T businesses the Cit�T of Denton will
conrinue to carry out and support the following acriviries during the program year.
1. The Denton ChambeY of CommeYCe and the Black and Hispanic ChambeYS of CommeYCe YefeY
building contractoYS to the Community Development office to apply to be added to the acrive
contractoYS bid list.
2. Will Yequest that geneYal contractoYS on CDBG and HOME-funded capital pYOjects give
preference to hiring minority or women subcontractors and employees as well as include this
woYding in construcrion contracts.
3. City of Denton's legal adveYrisement foY bids will include the equal employment statement and
encourage minorit�T participation
4. City of Denton will conrinue to attend the Small Business Development BYeakfast on a
monthly basis.
6. City of Denton will conrinue to comply with all State bidding YequiYements foY Historically
Underurilized Businesses (HUB)
7. City staff will also perform debarment reviews to ensure that no previously debarred
contractoYS aYe allowed to paYricipate in pYOjects.
8. City will conrinue to adverrise annually in the Denton Record Chronicle and daily in the local
cable channel in seaYCh foY contractoYS and will encouYage participarion by minority
contractoYS.
HOME PROGRAM - Affirmative Marketing Policy and Im�lementing
Procedures Denton Affordable Housing Cor�oration
In accordance with federal regulations, including but not limited to the HOME Investment Partnership
Program, and in furtherance of DAHC's commitment to non-discrimination and equal opportunity in
housing, they have established the following proceduses to affirmatively market thei� programs. These
proceduses are intended to fusther the objectives of Title VII of the Civil Rights Act of 1968 known as the
"Fair Housing Act" and as amended in 1988, Executive Order 11063, as well as to satisfy the requi�ements of
Section 2306.257 of the Texas Government Code.
The stated policy of the Denton Affordable Housing Corporation is that individuals and families will not be
discriminated against in thei� housing choices or in access to housing services on the basis of race, color, sex,
religion, handicap, national origin, or familial status. Fusthermore, DAHC is committed to the goals of
affirmative marketing which will be implemented in the specific steps out]ined as follows:
1. Ensuring that all potential applicants and the general public have access to Federal Fair
Housing Laws and Affirmative Marketing Procedures through the following outreach methods:
A. Informing the general public and potential applicants through news releases, print ads, PSA's or
other means throughout the target area served by DAHC. (All program advertising as well as other
advertising such as job postings should contain required fair housing or equal opportunity language
when appropriate.)
B. Distributing and posting available information in a variety of ways, as out]ined in the Affirmative
Marketing Plan. These should be posted in advance of application periods and maintained
throughout the period. (All publications or other materials should contain requi�ed fair housing or
equal opportunity language when appropriate.)
Page 28
2. Ensure that all persons, including persons covered by the Fair Housing Act and its
amendments, have access to information about program services and available units. This
includes special outreach to groups that are least likely to apply for assistance. This includes
home bound disabled, non-English speaking persons, neighborhood based organizations in
minority neighborhoods and/or any other group which not have access to information. When
DAHC learns of vacancies, it will make information about them known by:
A. Maintaining a list of units at the DAHC business office. This list should be available to the general
public during regular business hours.
B. Maintain a list of all available units on DAHC's website: dentonaffordablehousing.org
C. Display a copy of the Affir�cative Marketing Plan in the leasing office and make a copy of the Plan
available to the public upon request.
D. Bilingual Services: DAHC will attempt to maintain at least one staff person who is bilingual in
English and Spanish and have this service available during the regular work day houss. DAHC will
prepare program brochuses and documents in both English and Spanish, to the extent possible.
E. As part of the special outreach effort, the DAHC will work cooperatively with local organizations
which serve the needs of persons protected by the Fair Housing Act. Such organizations might
include minority churches, housing agencies, non-profits which ser�Te disabled persons or displaced
homemakers, eldercare organizations or any other specific organization which provides services in
the target area of DAHC. These organizations include:
Giving HOPE, Inc.
PO Box 50946, Denton, TX 76202-0946
Contact: Alonso Peterson
Phone number: 940/382-0609
Giving HOPE, Inc. is a non-profit organization administering programs geared to assist homeless
families.
REACH of Denton
405 S. Elm, Ste. 202, Denton, TX 76201-6068
Contact Missy Dickinson
Phone Number: 940/383-1062
REACH, Inc. is a non-profit corporation with the goal of advocating for and empowering people
with disabilities to take charge of thei� life. REACH operates Resousce Centers in Fort Worth,
Dallas, and Denton. The Centers are non-residential resource agencies which pro�Tide ser�Tices
including information and referral, Peer Counseling/Support Groups, Independent Living Skills,
and Advocacy Assistance.
Denton County Mental Health/Mental Retardation (MHMR)
PO Box 2346, Denton, TX 76202-2346
Contact Mary Gotcher
Phone number: 940/482-9294
MHMR provides case management and support services to individuals with mental health and/or
developmental disabilities.
Health Services of North Texas
4210 Mesa Drive, Denton, TX 76207
Contact: Ron Aldridge
Phone number: 940/381-1501
HSNT is a nonprofit organization that provides housing assistance and other support services to
individuals who are HN positive or have Aids and thei� families. This organization also serves as
an advocacy group for this population.
Denton County Friends of the Family
4845 S. I35E, Suite 200, Corinth Texas 76210
Page 29
Contact: Toni Johnson-Simpson
Phone: (940) 387-5131
Friends of the Family provides shelter and emergency services to victims of domestic violence.
3. Recordkeeping - The Denton Affordable Housing Corporation will keep records of the following:
A Demographic information of applicants for senTices. This information is included on HUD,
FHLB and TDHCA set-up and close-out forms.
B. Copies of advertisements, scripts of PSA's and schedules. (All program advertising as well as other
advertising such as job postings should contain required fair housing or equal opportunity language
when appropriate).
C. Copies of brochures, flyers, and other program materials which reference their programs. (All
publications or other materials should contain required fair housing or equal opportunity language
when appropriate.)
D. Dates, notices, and attendance records from public outreach meetings, if any.
E. Copies of MOA's with any organization enlisted to provide outreach services.
E Identification of special outreach population(s) and proceduses utilized to inform this (these)
group (s).
G. Complete TDHCA's online Unit Occupancy/T�acancy Kport on a quarterly basis to be made available
to the public.
4. Assessment and reporting requirements - The Denton Affordable Housing Corporation will
regularly assess its outreach and affirmative marketing efforts and report its results to interested parties,
including the City of Denton and TDHCA, at the close of the contract period. This will include:
A. A list of outreach methods used, particularly for special needs populations such as persons with
disabilities.
B. An assessment of success or failure of these methods. This can be made by comparing the
demographic data of clients served and those who applied with the demographics of the target area.
C. Corrective action to improve affirmative marketing if unsuccessful. This might include additional
steps to fusther market the program to those groups which have not been served, particularly
persons with disabilities.
Annual Plan to Outreach to Historically Underutilized Businesses (HUBs)
In addition to the steps outlined above, on an annual basis, DAHC will prepare and implement a plan to
outreach to and network with, local minority businesses and HUBs. The Plan will respond to the
findings of the assessment of efforts and success described in paragraph 4. The outreach methods mav
include:
■ DAHC will join the African American Chamber of Commerce in Denton
■ DAHC will join the Hispanic Chamber of Commerce in Denton
■ DAHC will attend neighborhood meetings to describe participation opportunities
■ Notices soliciting contractors will be placed in the following locations Martin Luther King Center,
bulletin boards of grocery stores, Restausants catering to minorities, and chusches with large
minority populations
■ Whenever speaking at a public forum, DAHC representatives will mention that we are always
looking for HUB participation and encousage individuals to apply.
■ Participate in local and civic activities, such as the Cinco de Mayo celebration, distributing
information about programs and encousage HUBs to apply.
Page 30
PUBLIC HEARING NOTES
Public Hearing Notes
December 2, 2013, Denia Recreation Center
BaYbaYa Ross Yeviewed the status of the curYent pYOjects and Yeviewed the eligible acriviries undeY
both the HOME and CDBG pYOgYams. AppYOxirnately 10 Yesidents attended. The following weYe
comments made at the public hearing:
Conrinuation of housing programs;
OwneYS of Yental pYOperties need to be Yequired to maintain pYOperties to local codes
Speed humps down Ruddell north of McKinne�T.
Public Hearing Notes
December 12, 2013, MLK Jr. Recreation Center
BaYbaYa Ross Yeviewed the status of the curYent pYOjects and Yeviewed the eligible acriviries undeY
both the HOME and CDBG pYOgYams. AppYOxirnately 7 Yesidents attended. ThYee weYe
CDAC/HSAC members. Three neighborhood residents stated the following needs:
• TYaffic light at MoYSe and WoodYOw
• Accessible sidewalks at Oak and CYawfoYd, accessible entrance foY St. James AME
• Health clinics
• DYainage impYOVements - Install concYete in dYainage channel between FYed MooYe PaYk and
Ruddell StYeet.
Action Plan Public Hearing Minutes
Apri115, 2014
Ciry Council Meeting
This section will include the public hearing minutes for the public hearing scheduled for April 15,
2014 at the City Council.
30-DAY COMMENT PERIOD
Apri17, 2014 through May 6, 2014
This section will include the comments received during the 30-da�T comment period.
Page 31
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Page 32
��t��t�'���=
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F� , � SF 424
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Complete the fillable fields (blue cells� in the table below. The othex items ase pxe-filled with values fxom the Gxantee Infoxmarion
��arksheet.
Date Subinitted � pplicant Idenrifier
75600051 Type of Submission
Date Received bv state State Idenrifier
pplication re-application
Date Received bv HUD Federal Idenrifier
� Construcrion � Construcrion
❑ Non Construcrion ❑ Non Construcrion
licalitlufosmatio�
uxisdicrion CITY OF DENTON UOG Code
Stseet r�ddress Line 1 601 E. HICKORY, SUITE B Oxganizarional DUNS 07-138-0190
Street r�ddress Line 2 Ox anizarional Unit
Citv DENTON State TEXr�S De astment PLr�NNLNG & DEVELOPMENT
ZIP 76201 Countsv U.S.r�. Division CO�JNITY DEVELOP'V�NT
Em lo er ldentification Number EIN : Count�- DENTON
75-6000514 Pxo xam Yeas Stast Date 1VL1VI/DD 08/01 /14
pplicant Type: Specify Other Type if necessary:
ocal Govexnment Township S ecifv Othex Tv e
U.S. Department o
m ralp Fu11dtD Housing and Urban Developmen
Catalogue of Fedexal Domesric r�ssistance Numbexs; Descxiprive Title of r�pplicant Pxoject(s�; r�xeas r�ffected by Pxoject(s� (ciries,
Counties, localiries etc.�;
Community Development Block Gxant 14.218 Enritlement Grant
CDBG Project Titles: escriprion of Areas Affected by CDBG Project(s�
Housing rehabilitarion, ininor repair, public facilitp improvements, enton, Texas
provision of public services, homeownership assistance, and progrun
adininistrarion.
CDBG Grant Amount � ddirional HUD Grant(s� Leveraged escribe
�848,794
�Addirional Federal Funds Leveraged �Addirional State Funds Leveraged
�Locally Leveraged Funds �Grantee Funds Leveraged
�Anricipated Progsun Income Other (Describe�
� 10,000
otal Funds Leveraged for CDBG-based Project(s�
Page 33
ome Investment Partnerships Program 14.239 H0�1E
OME Project Titles housing rehabilitarion, assistance to CHDO escriprion of Areas Affected by HOME Project(s�
for acquisirion, rehab and homeownership assistance, tenant based enton, Texas
ental assistance and progrun adininistrarion
�HOME Grant Amount �Addirional HUD Grant(s� Leveraged escribe
�371,095
�Addirional Federal Funds Leveraged �Addirional State Funds Leveraged
�Locally Leveraged Funds �Grantee Funds Leveraged
�Anricipated Progsun Income Other (Describe�
�65,000
otal Funds Leveraged for HOME-based Project(s�
ousing Opportunities for People with AIDS 14.241 HOP��'�
OP��A Project Titles escriprion of Areas Affected by HOP��A Project(s�
�HOP��A Grant Amount �Addirional HUD Grant(s� Leveraged escribe
�Addirional Federal Funds Leveraged �Addirional State Funds Leveraged
�Locally Leveraged Funds �Grantee Funds Leveraged
�Anricipated Progsun Income Other (Describe�
otal Funds Leveraged for HOP��A-based Project(s�
mexgency Sheltex Gxants Pxogram 14.231 ESG
SG Pro'ect Titles Descri rion of Areas Affected bv ESG Pro'ect s
�ESG Grant Amount �Addirional HUD Grant(s� Leveraged Describe
�Addirional Federal Funds Leveraged �Addirional State Funds Leveraged
�Locally Leveraged Funds �Grantee Funds Leveraged
�Anricipated Progsun Income Other (Describe�
otal Funds Leveraged for ESG-based Project(s�
Congressional Districts of: Is applicarion subject to xeview by state Execurive Oxdex 12372
A licant Districts 26 Pro�ect Districts 26 Process?
Is the applicant delinquent on any fedexal debt? If "Yes" ❑ Yes This applicarion was made available to the state
please include an addirional document explaining the EO 12372 process for review on DATE
situarion. � No Program is not covered bv EO 12372
❑ Yes � No � N�A Program has not been selected by the state for
review
exson to be contacted xegasding this applicarion
ixst Name Bazbaza � Ziddle Inirial L. ast Name Ross
itle CD r�dministsatox hone (940) 349-7235 u� (940) 349-7753
Mail bioss(c�citcofdenton.com Gxantee ��ebsite —�z�z�z�.citcofdenton.com Othex Contact
Signature of Authorized Representarive — George C. Cunpbell, Citp Manager ate Signed
Page 34
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Page 35
LOCAL GOVERNMENT CERTIFICATIONS
FOR CDBG AND HOME PROGRAMS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations,
the jusisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmati�Tely further fair housing, which means
it will conduct an analysis of impediments to fair housing choice within the jusisdiction, take appropriate
actions to overcome the effects of any impediments identified tl�sough that analysis, and maintain records
reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan — It will comply with the acquisition and relocation requirements
of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and
implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and
relocation assistance plan requi�ed under section 104(d) of the Housing and Community Development Act of
1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME
programs.
Drug Free Workplace — It will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufactuse, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing dsug-free awareness program to inform employees about —
a. The dangers of dsug abuse in the workplace;
b. The grantee's policy of maintaining a drug-free workplace;
c. Any available dsug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for dsug abuse violations occusring in the
workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement requi�ed by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment
under the grant, the employee will —
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal dsug statute
occusring in the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b)
from an employee or otherwise receiving actual notice of such conviction. Employers of convicted
employees must pro�Tide notice, including position title, to e�Tery grant officer or other designee on whose
grant activity the convicted employee was working, unless the Federal agency has designated a central
point for the receipt of such notices. Notice shall include the identification number(s) of each affected
grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b),
with respect to any employee who is so convicted —
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requi�ements of the Rehabilitation Act of 1973, as amended; or
b. Requi�ing such employee to participate satisfactorily in a dsug abuse assistance or rehabilitation
program approved for such pusposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
7. Making a good faith effort to continue to maintain a dsug-free workplace through implementation of
paragraphs 1, 2, 3, 4, 5 and 6.
Page 36
Anti-Lobbying -- To the best of the jurisdiction's knowledge and belie£
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosuse Form to Report Lobbying," in accordance with
its instructions; and
It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and
the jusisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in
accordance with applicable HUD regulations.
Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA
funds are consistent with the strategic plan.
Section 3— It will comply with section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135.
Signature/Authorized Official
Geor e C. Cam bell
Name
Citv Mana er
Title
215 E. McKinnev Street
Address
Denton Texas 76201
City/State/Zip
940 349-8307
Telephone Number
Page 37
D ate
Specific CDBG Certifications
The Entitlement Communitvi certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that
satisfies the requi�ements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development plan identifies
community development and housing needs and specifies both short-term and long-term community
development objectives that provide decent housing, expand economic opportunities primarily for persons of
low and moderate income. (See CFR 24 570.2 and CFR 24 part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability
Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
MaYimum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it
certifies that it has developed its Action Plan so as to give maYimum feasible priority to activities
which benefit low and moderate income families or aid in the prevention or elimination of slums or
blight. The Action Plan may also include activities which the grantee certifies are designed to meet
other community development needs having a particular usgency because e�sting conditions pose a
serious and immediate tl�seat to the health or welfare of the community, and other financial resousces
are not available);
Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans dusing
vrogram eT` ear�s) 2014, (a period specified by the grantee consisting of one, two, or three specific
consecutive program years), shall principally benefit persons of low and moderate income in a
manner that ensuses that at least 70 percent of the amount is expended for activities that benefit such
persons during the designated period;
Special Assessments - It will not attempt to recover any capital costs of public improvements assisted
with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any fee charged
or assessment made as a condition of obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sousces, an assessment or charge may be made against the property with respect to the
public improvements financed by a sousce other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or
assessment attributable to the capital costs of public improvements financed fsom other revenue
sousces. In this case, an assessment or charge may be made against the property with respect to the
public improvements financed by a sousce other than CDBG funds. Also, in the case of properties
owned and occupied by moderate-income (not low-income) fai�ilies, an assessment or charge may be
made against the property for public improvements financed by a sousce other than CDBG funds if
the jusisdiction certifies that it lacks CDBG funds to cover the assessment.
Page 38
Excessive Force -- It has adopted and is enforcing:
A policy prohibiting the use of excessive force by law enforcement agencies within its jusisdiction against
any individuals engaged in non-violent civil rights demonstrations; and
A policy of enforcing applicable State and local laws against physically barring entrance to or e�t from a
facility or location which is the subject of such non-violent civil rights demonstrations within its
jurisdiction;
Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity
with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and
implementing regulations.
Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35,
subparts A, B, J, K and R, of title 24;
Compliance with Laws -- It will comply with applicable laws.
Signature/Authorized Official
Geor e C. Cam bell
Name
Citv Mana er
Title
215 E. McKinnev Street
Address
Denton Texas 76201
City/State/Zip
940 349-8307
Telephone Number
Page 39
D ate
Specific HOME Certifications
The HOME participating jusisdiction certifies that:
Tenant Based Rental Assistance -- If the participating jusisdiction intends to provide tenant-based rental
assistance:
The use of HOME funds for tenant-based rental assistance is an essential element of the
participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability
of decent, safe, sanitary, and affordable housing.
Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as
described in 24 CFR � 92.205 tl�sough 92.209 and that it is not using and will not use HOME funds for
prohibited activities, as described in � 92.214.
Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in
accordance with the guidelines that it adopts for this puspose and will not invest any more HOME funds in
combination with other Federal assistance than is necessary to provide affordable housing;
Signature/Authorized Official
Geor e C. Cam bell
Name
Citv Mana er
Title
215 E. McKinnev Street
Address
Denton Texas 76201
City/State/Zip
940 349-8307
Telephone Number
Page 40
D ate
APPENDIX TO CERTIFICATIONS
Instructions Concerning Lobbying and Drug-Free Workplace Requirements
Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Drug-Free Workplace Certification
By signing and/or submitting this application or grant agreement, the grantee is providing the
certification.
The certification is a material representation of fact upon which reliance is placed when the agency
awards the grant If it is later determined that the grantee knowingly rendered a false certification, or
otherwise violates the requi�ements of the Drug-Free Workplace Act, HUD, in addition to any other
remedies available to the Federal Government, may take action authorized under the Drug-Free
Workplace Act.
Workplaces under grants, for grantees other than individuals, need not be identified on the certification.
If known, they may be identified in the grant application. If the grantee does not identify the
workplaces at the time of application, or upon award, if there is no application, the grantee must keep
the identity of the workplace(s) on file in its office and make the information available for Federal
inspection. Failuse to identify all known workplaces constitutes a violation of the grantee's dsug-free
workplace requirements.
Workplace identifications must include the actual addsess of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles
of a mass transit authority or State highway department while in operation, State employees in each
local unemployment office, performers in concert halls or radio stations).
If the workplace identified to the agency changes dusing the performance of the grant, the grantee shall
inform the agency of the change(s), if it previously identified the workplaces in question (see
paragraph three).
8. The grantee may insert in the space provided below the site(s) for the performance of work done in
connection with the specific grant: Place of Performance (Street address, city, county, state, zip code)
Check if there are workplaces on file that are not identified here. The certification with regard to the
dsug-fsee workplace is required by 24 CFR part 21.
Place Name Street City County State Zip
Community Development 601 E. Hickory, Denton Denton TX 76205
De artrnent Suite B
Page 41
Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free
Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the
following definitions from these rules: "Controlled substance" means a controlled substance in
Schedules I through V of the Contsolled Substances Act (21 U.S.C. 812) and as fusther defined by
regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea
of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the
responsibility to determine violations of the Federal or State c�al dsug statutes; "C�al dsug
statute" means a Federal or non-Federal criminal statute involving the manufactuse, distribution,
dispensing, use, or possession of any controlled substance; "Employee" means the employee of a
grantee directly engaged in the performance of work under a grant, including:
a. All "direct charge" employees;
b. all "indirect charge" employees unless thei� impact or involvement is insignificant to the
performance of the grant; and
c. temporary personnel and consultants who are directly engaged in the performance of work
under the grant and who are on the grantee's payroll. This definition does not include
workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching
requirement; consultants or independent contractors not on the grantee's payroll; or
employees of subrecipients or subcontractors in covered workplaces).
Note that by signing these certifications, certain documents must be completed, in use, and on file for
verification. These documents include:
1. Analysis of Impediments to Fair Housing
2. Citizen Participation Plan
3. Anti-displacement and Relocation Plan
Signature/Authorized Official
Geor e C. Cam bell
Name
Citv Mana er
Title
215 E. McKinnev Street
Address
Denton, Texas 76201
City/State/Zip
349 349-8307
Telephone Number
Page 42
D ate
•
nn n
ua ous
oa s
Page 43
Annual Housing Completion Goals
(Table 3B)
�'antee Nsme: Expected Annual Actual Annual Resources used during the period
Number of Units Number of Units
Program Year: To Be Completed Completed CDBG HOME ESG HOPWA
BENEFICIAR YGO�lLS
Sec. 215 Onl
Homeless households ❑ ❑ ❑ ❑
Non-homeless households 50 � � ❑ ❑
Special needs households ❑ ❑ ❑ ❑
Total Sec. 215 Beneficiaries* 50 � � ❑ ❑
�tENl"AL GOALS
,Sec. 215 Oa
Acquisition of e�sting units ❑ ❑ ❑
Production of new units ❑ ❑ ❑
Rehabilitation of existing units ❑ ❑ ❑ ❑
Rental Assistance ❑ ❑ ❑
Total Sec. 215 Affordable Rental ❑ ❑ ❑ ❑
HOME OL�IVER G014LS
,Sec. 215 Oa
Acquisition of e�sting units ❑ ❑
Production of new units ❑ ❑
Rehabilitation of existing units 47 � �
Homebu�Ter Assistance 3 ❑ � ❑
Total Sec. 215 Affordable Owner 50 � � ❑ ❑
COMBINED REN7"14L AND
O EIl GO�IL,S ,Sec. 215 Oa
Acquisition of e�sting units ❑ ❑ ❑
Production of new units ❑ ❑ ❑
Rehabilitation of existing units 47 � � ❑ ❑
Rental Assistance ❑ � ❑
Homebuyei Assistance 3 ❑ � ❑
Combined Total Sec. 215 Goals* 50 � � ❑ ❑
OVERAi.L HOUSING GOALS
Sec. 215 + Other Affordable Housin
Annual Rental Housing Goal ❑ ❑ ❑ ❑
Annual Ownei Housing Goal 50 � � ❑ ❑
Total Overall Housing Goal 50 � � ❑ ❑
Page 44
. ,
.
ommunit
eve o ment vlsor
.
ommlttee nutes
��
•
uman ervlces
.
vls or ommlttee
nutes
Page 45
S:1L.egallOur pocurnentslResolutions1i41Comm De� 20I4 Action Plan Resolution.doc
Exhibit 2
Resolution
RESOLUTION NO.
A RESOLUTIQN BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT A 2014 ACTION PLAN FOR HOUSING AND COMM[JNITY
DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND
REQUIRED BY THE HQUSING AND COMMLTNiTY DEVELOPMENT ACT OF 1974, AS
AMENDED AND THE NATIONAL AFFORDABLE HOU�ING ACT OF 1990, AS
AMENDED; AND PROVTDING FOR AN EFFECTNE DATE.
WHEREAS, the City of Denton, Texas, is concerned with the developrrient af viable urban
communities, including decent housing, a suitable living environment and expanded econorr�ic
opportunities; a�d
WHEREAS, the City of Denton, Texas, has a special concern for persons of low and
moderate income; arid
WHEREAS, �he City of Denton, Texas, as a CDBG entitlement Cit� and a HOME
participating jurisdiction, �ias prepared, through a citizen participation process, a program for
utilizing iis 2014-year entitleinent furids, program income and reallocated funding frorn previous
years in the approximate amotu�t of $1,319,889; and
WHEREAS, citizen participation requixements, including the holding of public hearings,
have been rnet; and
WFiEREAS, the Co�nunity Development Act of 1974 and the Natio�al Affordable
Housing Act of 1990 require an application and apprvpriate certifications included in the
Consolidated Plan; NOW, THEREFORE,
THE C�UNCIL 4F THE CITY OF DENTON HEREBY RESOLVES:
SECTI4N 1. The City Council of t1�e City of Denton, Texas, authorizes the City
Manager to sign and subFnii to th� Department of Hausing and Urban Development a 2014
Action PIarF and appropriate certifications %r entitlement funds under the Housing and
Cammunity Developfnent Act of 1974, as amended and the National Affordable Housing Act of
1990, as amended.
SECTION 2. The City Counci� of the City of Denton, Texas, authorizes the Community
Development Administrator to handle all fiscal and administrative matters related to the
application, the Actian Plan and the certifications.
SECTI4N 3. The City Secretary is hereby authorized to furnish copies o� this resolution to
aIl interested parties.
S:1LegallOur 17ocumentslltesoiutionsU 41Cornm Dev 2014 Actiore Plan Resolution.doc
SECTION 4. This resolution shall become effective irnmediately upon its passage and
approval.
PASSED AND APPROVED this ihe day of , 2014
i•ra;�:�:we�r�:�;z.��re3:� ►, : � :
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
I'
. _� � L._���
r � �
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
Materials Management
Bryan Langley ���
Questions concerning this
acquisition may be directed
to Elton Brock at 349-7133
Consider adoption of an ordinance authorizing the City Manager to execute a Cooperative
Purchasing Program Agreement with the City of Weatherford, Texas under Section 271.102 of
the Local Government Code, to authorize City of Denton contracts for the purchase of various
goods and services; authorizing the expenditure of funds therefor; and declaring an effective date
(File 5528-Cooperative Purchasing Program Agreement with the City of Weatherford).
FILE INFORMATION
Section 271.102 of the Texas Local Government Code, authorizes respective participating
governments to enter into agreements for the purchase of goods and services. The attached
Agreement is an authorization for the City of Denton to participate in contracts awarded by the
City of Weatherford and for the City of Weatherford to participate in contracts awarded by the
City of Denton. The contract will remain in effect until terminated by either party.
This Agreement will allow both entities to utilize contracts for goods and services competitively
bid by the other party to the contract. The bid process followed by both entities meets all
statutory bidding requirements. Upon approval of the Agreement, the City of Denton intends to
utilize the City of Weatherford's bid for Street Microsurfacing. All purchases exceeding
$100,000 will still require individual City Council approval per City of Denton policy.
RECOMMENDATION
Approve an Interlocal Cooperative Purchasing Program Agreement with the City of
Weatherford.
PRINCIPAL PLACE OF BUSINESS
City of Weatherford
Weatherford, TX
ESTIMATED SCHEDULE OF PROJECT
This Agreement is effective upon approval by the City of Denton and will remain in effect until
terminated by either party.
Agenda Information Sheet
May 6, 2014
Page 2
FISCAL INFORMATION
Each future acquisition, based on this Agreement, will follow the City of Denton fiscal
verification policy and be charged to the appropriate budget account.
EXHIBITS
Exhibit l: Ordinance
Exhibit 2: Cooperative purchasing Agreement with Weatherford
Respectfully submitted:
C. �.� � � � � �-�-w�.�,
Chuck Springer, 349-8260
Director of Finance
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF
WEATHERFORD, TEXAS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT
CODE, TO AUTHORIZE CITY OF DENTON CONTRACTS FOR THE PURCHASE OF
VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND DECLARING AN EFFECTIVE DATE (FII,E 5528-COOPERATIVE
PURCHASING PROGRAM AGREEMENT WITH THE CITY OF WEATHERFORD).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The City Manager or his designee is hereby authorized to execute the
Cooperative Purchasing Program Agreement with the City of Weatherford, Texas under Section
271.102 of the Texas Government Code, a copy of which is attached hereto and incorporated by
reference herein (the "Agreement").
SECTION 2. The City Manager or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5528 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 , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:•
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
h
�_ ��� � .
BY:
EXHIBIT 2 ����� �� �������
�i� a� �l� ���&°�
�i�j ��r��c��y°s �fl��
i'.C3, €3c.ax 2�
�V�ca�4��rtc��� T?� 7
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THIS AGREEMENT is made on the ZZnd day of Apr�� , 2014,
between the City of Denton, and Weatherford; jointly referred to herein as "parties."
WHEREAS, the respective parties are authorized by Local Government Code, Chapter
271, to enter into contracts and agreements for participation in cooperative purchasing programs;
and
WHEREAS, it is the desire af the aforesaid parties to comply with and further the
policies and purpose of Local Gavernment Code, Chapter 271; and
WHEREAS, the parties cannot normally obtain the best possible purchase price far
materials and supp]ies acting individually and without cooperation; and
WHEREAS, it is deemed in the best interest of aIl parties that said governments do enter
into a mutually satisfactory agreement for the purchase af certain materials and supplies, and
WHEREAS, the parties, in performing governmental functions or in paying for the
performance of governmental functions hereunder shall make that performance or those
payments from current revenues legally available to that party; and
WHEREAS, #he parties agree to designate a person to act under the direction of and on
behalf of the pa�-ties in all matters relating to this agreement; and
WHEREAS, the parties agree to be responsible for a vendor's compliance with
provisions relating ta the quality of items and terms of delivery to the extent provided herein;
NOW, THEREFORE, the parties hereto, inconsideration of the mutual covenants and
conditions contained herein and pursuant to the authority permitted under Local Government
Code, Chapter 271, promise and agree as follows:
EXHIBIT 2
I.
Purpose
The purpose of this Agreement is to authorize the parties' mutual participation in various
contracts for the purchase of various goods and services. Participation in this cooperative
program will be highly beneficial to the taxpayers of the participating parties through anticipated
savings to be realized.
II.
Duration af Agreement
This Agreement shall be in effect from the date of execution until terminated by either
party to the agreement.
III.
Relationship of Parties
It is agreed that the parties, in receiving products and/or services specified in this
agreement, sha11 act as an independent purchaser and shall have control of its needs and the
manner in which they are acquired. Neither party is an agent, empioyee or jaint enterprise of the
other, and each party is responsible for its own actions, forbearance, negligence and deeds, and
for those of its agents or employees, in conjunction with the utilizatzon and/or cooperative
solicitation of any Supplier Agreement obtained in accordance with Texas law.
Parties slzail notify all participating entities of available contracts to include terms of
contraci, coinmadity cost, contract names and addresses, and shall keep participating parties
informed of all changes to the Cooperative Purchasing list of conti•acts.
Nothing in this agreement shall prevent any participating party from accepting and
awarding bids for commodities subject to this agreement individually and in its own behalf.
The City Manager, or his designee, is hereby designated as the official representative to
act for the City of Denton in all matters relating to this agreement.
The City Manager, or his designee, is hereby designated as the official representative to
act for the City of Weatherford in all matters relating to this agreement.
The parties agree ta make payments to the City of Denton or City of Weatherford, or
directly to a vendor under this contract as provided herein.
The parties agree ta be responsible for a vendor's compliance with provisions relating to
the quality of items and terms of delivery to the extent provided herein.
EXHIBIT 2
IV.
Purchase of Goods and Services
All products and services sha11 be procured in accordance with procedures gaverning
competitive bids and competitive proposals.
The parties will be abie to purchase from those contracts established by the other where
notice has been given in the specifications and successful bidder has accepted terms for
Coaperative Purchasing Agreements for local governments.
The parties hereto agree that the ordering of products and services through this agreement
shall be their individual responsibility and that the successful bidder or bidders shall bill each
party directly, or as deemed advantageous to bath parties.
The parties agree to pay successful bidders or anticipating governments directly for all
products or services received from current revenues available for such purchase. Each pat-ty
shall be liable to the successful b'rdder only for products and services ordered by and received by
it, and shall not by the executian of this agreement assume any additiona� liability.
Parties do not warrant and are not responsible for the quality or delivery of products or
services from successful bidder. The participating parties shall receive all warranties provided
by successful bidder for the products or services purchased.
In the event that any dispute arises between individual parties and a successful bidder, the
same shall be handled by and between the participating party's governmental body and the
bidder.
IN WITNESS �VHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers thereon the day and the year iirst above written.
GIT�"" WEATHERFORD
By� err L. Biaisdeil, City Manager
Approv form:
gY' —=��,.� --
Ed Zellers, C t Attorney
CITY OF DENTON
By: George C. Campbell, City Manager
APPROVED AS TO LEGAL FORM:
:
Anita Burgess, City Attorney
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
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
five (5) Chevrolet Tahoes for the City of Denton Police Department as awarded by the State of
Texas Contract 071-072-A1; and providing an effective date (File 5536- Purchase of Five (5)
Tahoes awarded to Reliable Chevrolet in the amount of $138,819.80).
FILE INFORMATION
This item is for the purchase of five (5) Police Department SUVs that were approved in the
Fiscal Year 2013-2014 Budget. Two (2) of these vehicles are replacements that will be funded
through Certificate of Obligation accounts and three (3) vehicles are fleet additions that will be
funded through the department's operating account.
The two (2) replacements vehicles will be replacing two (2) 2006 Ford Escapes that have met
their replacement criteria based on age and maintenance cost. Three (3) of the Tahoes purchased
will be used as traffic enforcement vehicles and two (2) of the Tahoes will be fully loaded police
pursuit vehicles. All vehicles being replaced will be sent to auction once the replacements have
been received. Comparison pricing was obtained from three (3) cooperative contract vendors
with Reliable Chevrolet providing the lowest overall pricing. The local Chevrolet vendor
declined to bid on the vehicles.
RECOMMENDATION
Award the purchase of (5) Chevrolet Police Package Tahoes to Reliable Chevrolet in the amount
of $138,819.80.
PRINCIPAL PLACE OF BUSINESS
Reliable Chevrolet
Richardson, TX
ESTIMATED SCHEDULE OF PROJECT
The purchase and delivery of the Tahoes will occur within 30 days of purchase order issuance.
Agenda Information Sheet
May 6, 2014
Page 2
FISCAL INFORMATION
This item will be funded from the following operating accounts:
810187408.135530100 $55,52792
810163444.135530100 $27,763.96
309801.8537 $55,52792
Requisition #118426 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Comparison Sheet for Police Tahoes
Exhibit 2: Quotes
Exhibit 3: Ordinance
Respectfully submitted:
C. �.� � � � � �-�-w�.�,
Chuck Springer, 349-8260
Director of Finance
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RELIABLE CHEVROLET
HOME OF THE ENFORCER POLICE PACKAGE
��@�i�'�" �°� ����d�� � �.°
800 North Central Expressway
Richardson, Texas 75080
Phone:972-952-1561
Fax:972-952-8172
Email: dadams@reliablechevrolet.com
"�`FiI� o�lJC3"�"� 1� � ���� �3P�:
�°f"!t°f"�. ClF T'�:.`.ilts.� Oi i��072-F'iS. Ft��C&�.tiR��� ��t F�Ck
DESCRIPTION
Quote 1
March 24, 2014
. ... . .. . `.�' U'�a` iL �;'�a`'�a` '�'� f'�'�a` i'2 S? � L'�a" tUG S? �
��"�� ����"��,�� ���� cctia'rra,,�,r�'ris�•.iFi�u>��•.n_wr�u_�_FaFu_m.i�i_�_
���.�h���'.��'�£��'�1���'.���"��� f��k�l�. CITYOFDENTON
�°�u�'�E6�c� �F��Y^�� �`���:N�� CHARLES ROSENTHAL
NOTE: ORDER CUTOFF FOR 2014 TAHOE PPV IS AUGUST 22, 2013
Estimated time of delivery to dealer of 2013 after receipt of PO is 85-105 days for all but Caprice
Estimated time of delivery to dealer of 2013 after receipt of PO is 145-160 days for Caprice
Turnkey estimated time of delivery of unit being upfitted is 5-7 weeks after receipt of vehicle
AMOUNT
���} ��°������6��6�� ��5€��� ��� - ����� �����`���
INCLUDES ALL THE STD EQUIPMENT ON MODEL PLUS:
USO - R.F..AR I...00KING DIFFI:::�.RN���IAI... QNCI... ��11���N V8j ANI:J FUI...I... SI�l:�::: S('AR.F.. �R.F..QUIR.F..D ('I:::�.R S���A��I:::�. S('I:::�.Cj
PLUS THE FOLLOWING OPTIONS ON STOCK UNITS:
K��� - L7l�AL �3A�����:RY
9i�8 - L7AY�V�V�1�: Rl�i�i�Vi�i� L6��11:> L7�:L�:�V��:
l���C� - CQi���:i��� �����:F��� AL6�R�1 L7VSA�3L�:L7
iX6 - L�� SI:>C��V�L6��11:>
PLUS THE FOLLOWING OPTIONS ON CONTRACT TO BE DONE AT KERR:
6,�i -���:l�L7L6��11:> Ai�L7 ��AVLL6��11:> F�L6�S���:R SYS���:�1 W9RVi�i�
6,�3 - i�RVLL�: L6��11:> Ai�L7 SVRL��i� SI:>�:I�KL��R W9RVi�i�
6i�6 - RL��/kR L7C>C>R LC>CKS Vi�C>I:>�:RA�V�VV�:
6�3� . RL��/kR L7C>C>R ��Ai�L7L�:S Vi�C>I:>�:RA�V�VV�:
6i�� - RL��/kR W9i�L7C>W SW9��C���:S Vi�C>I:>�:RA��VV�:
6,�4 - ��C�Ri�ISVRL�.i� CVRCI�V�� V�(9RVi�i�
KL�.YS - 1 AL7L7V��VC>i�AL KL�.YS A�� $3� �:/kC��
PLUS THE FOLLOWING OPTIONS NOT ON CONTRACT TO BE ADDED:
L7�:/kL�:R �V�C> I:>AVi��V� F�C>l�R L7C>C>RS C>i�LY �V�C> W��V�V��:
l°�1� !/��1��� 1� C�IV �l°�l°� �C�IVI°���1° Q71-q7�-�1.
iFll� �'U��FI��� �C°�UI�C°� [��C�ll�F�[E3UY �'C�,
[ [PJ?Il..�..� 4�1ts ..�..�1 [PJ?I��a..�..(��t..�..� ..�..�..2� �a�-�€�GG �16�J�[!`JE �a��?I[�� CCw'�14V� � `1t� C�1� �V���l`Jts�r��a
25433.00
included
167.20
0.88
8.80
404.80
422.40
89.76
58.08
58.08
49.28
31.68
30.00
� � ��
1`6�6� ��&�i€I�"� I� r�ai€r�a����a�:3�&� ��a1` d�a�: �"C:�1` 1`�8 :=�&���1`� ��as�G� I� &�&���al_ 1`I�F I6�:=�8. �
�A���a.�"� ���tF� �`4�.`4� �� �.`4 �t�V�`�".`49a��t��.W��"��t�.��k�t� �F� �t�V�`�".�a`�"Ei�P.d''��"��"�.`4� �"9a.�t�. k"��r €� I�����i £S�#�#-�'��-'�"0�.
DEL`IVERY 1� 1NGLUDED WHEN QRDERING ON �TA�'E G^ONTR}�G f: $ 27,763.96
s�xc�c�, �,rrs ca�,�,rr�x �� o-,���� vv��ro-,�rrL �r �r�r�r�� c�� i�,�r��,�s � c� �,: �co-,�r,s� -.�� �rr 0.00%
Make all checks payable to RELIABLE CHEVROLET. If you have any
questions concerning this invoice, contact:
Doug Adams, Fleet and Commercial Manager
972-952-1561 direct line, 972-952-8172 fax, dadams@reliablechevrolet.com
THANK YOU FOR YOUR BUSINESS!
TOTAL
?"'C�?"'�s? ��£� (�) €�i�°6??"�
27,763.96
����,���.�C�
� -� r�'UppZY
�t ,�
PUBLIC SAFETY EC�UIPMENT
�`�� r��Lx�A�r c�EV� F�Rn ��,
m ���-48�-3115 y
City of Denton
Accounts Payable
215 East McKinney St.
Denton, Texas 76201
EXHIBIT 2
i I)��C; 3/20/2014
Mike Hewitt
Estim a�e
� mike@defendersupply.com
� ��� (903)564-5641
Quote 2
Customer Contact Robin
Customer PhQne ' 940-349-8423
Customer �-mail i
Estimate # 8234
Item Description Qty, Cost Total
V-Texas '13/14 Tahoe ... 2014 Chevrolet Tahoe 2WD PPV with Locking Differential, Dual Batteries, and Driver Side 5 29,112.00 145,560.00
Spot Light - Purchased Through Holiday Chevrolet Using The Tarrant Couniy Cooperative
Contract No. 2012-151
Black Exterior,
White Doors
Grill Lamp and Siren Speaker Wiring
Hom/Circuit Wiring
Flasher System-Headlamp Tail Lamp
Rear poor Handles, Locks, and Window Switches INOP
Daytime Running Lamps with Auto Lamp Control Delete
3 Sets of Keys per Vehicle
TX-2 year inspection 2 year State inspection certifcate 5 23.75 118.75
DS-Dealer Prep Dealer Prep 5 130.00 650.00
Final sale amount may be subject to
state and local sales tax. Emergency Equipment Total $146,328.75
SIGNATURE
Quote 3
EXHIBIT 2
QUOTE# OOA CONTRACT PRICING WORKSHEET
End User: CITY OF DENTON Contractor: CALDWELL COUNTRY
Contact Name: ROBYN FORSYTH CALDWELL COUNTRY
(TERRY KADER)
Email: Prepared By: Averyt Knapp
RO .FOR�YTH@CITYO TO .CO
TERRY.KADER@CITYOFDENTON.COM
Phone #: 940-349-8410 (ROBYN F.) Email:
940-349-8729 (TERRY KADER) aknapp@caldwellcountry.com
Fax #: Phone #: 800-299-7283 or 979-
567-6116
Location City & State: DENTON, TX Fax #: 979-567-0853
Date Prepared: MARCH 19, 2014 Address: P. O. Box 27,
Caldwell, TX 77836
Tax ID # 14-1856872
Product Description: 2014 CHEVROLET TAHOE PPV CC10706
A Base Price & Options: $29,330
B Published Options
Code Description Cost Code Description Cost
PPV, 5.3LV8-FFV, INCL
FOUR DOORS WHITE, LH
SPOTLIGHT, CONTENT
THEFT ALARM DISABLE,
GRILLE LAMPS & SIREN
SPEAKER WIRING,
HORN/SIREN CIRCUIT
WIRING, FLASHER
SYSTEM-HEADLAMP &
TAILLAMP W/WIRING
PROVISINO FOR
HEADLAMP & TAILLAMP
FLASHER, INOP REAR
DOOR HANDLES-LOCKS-
WINDOW SWITCHES,
COMMON FLEET KEYED
ALIKE #6E2, DAYTIME
RUNNING LAMPS WITH
AUTO LAMP CONTROL
DELETE, REAR LOCKING
DIFFERENTIAL, DUAL
660 CCA BATTERIES
GM WARRANTY INCL CALDWELL COUNTRY
5YR/100,000 MILES
POWERTRAIN @ N/C
PO BOX 27
CALDWELL,TEXAS 77836
INCL
Subtotal B
C Unpublished Options
EXHIBIT 2
Quote 4
EXHIBIT 2
From: Brad Roblver
To: RosendahL Charles
Subject: RE: Police Tahoes
Date: Monday, March 24, 2014 10:16:34 AM
Yes, we will have to pass...
� � � �I �, � '
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♦t/ � � �[
♦�/ "�♦ ♦���
• - •
From: Rosendahl, Charles [mailto:Charles.Rosendahl@ciryofdenton.com]
Sent: Monday, March 24, 2014 10:12 AM
To: Brad Roblyer
Subject: Police Tahoes
:.•
I know you haven't bid on the police tahoes in the past. Are you still a no bid on this round of them?
Thank you,
Charlie Rosendahl
Fuel Specialist
Fleet Services
City of Denton
(940) 349-8422
www.cityofdenton.com
Exhibit 3
ORDINANCE NO.
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 FIVE (5) CHEVROLET TAHOES FOR THE CITY OF
DENTON POLICE DEPARTMENT AS AWARDED BY THE STATE OF TEXAS CONTRACT
071-072-A1; AND PROVIDING AN EFFECTIVE DATE (FII,E 5536- PURCHASE OF FIVE (5)
TAHOES AWARDED TO RELIABLE CHEVROLET IN THE AMOUNT OF $138,819.80).
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 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 COUNCII, 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:
FII,E
NUMBER VENDOR AMOUNT
5536 Reliable Chevrolet $138,819.80
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
0
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 permitted to be performed by the City of Denton
under File 5536 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 , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� '��
�__ -�-�
BY:
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
Materials Management
Bryan Langley ���
Questions concerning this
acquisition may be directed
to Terry Kader at 349-8729
Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal
Agreement with the Denton County Transportation Authority (DCTA) under Section 791.001 of
the State of Texas Government Code, to authorize DCTA to purchase fuel and fuel management
supply services from the City of Denton at a cost of 1.5% of the mark up on gross fuel receipts;
authorizing the expenditure of funds therefor; and declaring an effective date (File 5527-
Interlocal Agreement with the Denton County Transportation Authority for Fuel Supply and
Management Services).
FILE INFORMATION
This Agreement will allow Denton County Transportation Authority (DCTA) to purchase bulk
fuel through the City of Denton at a 1.5% markup. The City of Denton will also provide
contingency fuel at a markup of $0.30 per gallon. The City of Denton will process invoices from
the supplier and bill DCTA at the end of every month. The contract will remain in effect until
terminated by either party.
Section 791.001 of the Texas Government Code requires that all interlocal contracts must be
authorized by the governing body, regardless of the dollar amount. The only exception to this is
municipally owned electric utilities-these entities have a$100,000 threshold before authorization
by the governing body is required.
RECOMMENDATION
Approve an Interlocal Agreement with the Denton County Transportation Authority for the
purchase of fuel and fuel management services from the City of Denton.
PRINCIPAL PLACE OF BUSINESS
Denton County Transportation Authority
Denton, TX
Agenda Information Sheet
May 6, 2014
Page 2
ESTIMATED SCHEDULE OF PROJECT
This Agreement is effective upon approval by the City of Denton and will remain in effect until
terminated by either party.
FISCAL INFORMATION
Fuel will be purchased by the City of Denton for the DCTA through the Fleet Services
Department fuel accounts that are used to purchase fuel for City use. The accounts will be
reimbursed from the revenue received upon payment of invoices by DCTA.
EXHIBITS
Exhibit l: Ordinance
Exhibit 2: Interlocal Agreement with Denton County Transportation Authority
Respectfully submitted:
C.���� ��
-+�,c�e.�,
Chuck Springer, 349-8260
Director of Finance
Exhibit 1
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE DENTON COUNTY TRANSPORTATION
AUTHORITY (DCTA) UNDER SECTION 791.001 OF THE STATE OF TEXAS
GOVERNMENT CODE, TO AUTHORIZE DCTA TO PURCHASE FUEL AND FUEL
MANAGEMENT SUPPLY SERVICES FROM THE CITY OF DENTON AT A COST OF
1.5% OF THE MARK UP ON GROSS FUEL RECEIPTS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FII,E
5527-INTERLOCAL AGREEMENT WITH THE DENTON COUNTY TRANSPORTATION
AUTHORITY FOR FUEL SUPPLY AND MANAGEMENT SERVICES).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The City Manager, or his designee is hereby authorized to execute the
Interlocal Agreement with the Denton County Transportation Authority under Chapter 791.001
the Texas Government Code, a copy of which is attached hereto and incorporated by reference
herein (the "Agreement").
SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5527 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 , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� '��
�__ -�-�
:•
EXHIBIT 2
INTE LOCAL AG EE ENT
This Interlocal Agreement (the "Agreement"} is made and entered into t�us 6th day of May, 2014, between The City af Denton, Texas,
a palitical subdivision of the State of Texas (hereinafter "CITY"} and The Denton Caunty Transportation Authority, a polirical
subdivision of the State of Texas ("DCTA"}.
W EREAS, both the CITY and the DCTA have the authoxity to enter inta this Agreement puxsuant to Chapter 791, Texas
Government Code; and
WHEREAS, the sercrice agreement fox Fuel Supply and Managernent Services ("Service Agreement") contemplated undei this
Agreement is of mutual interest and benefit ta DCTA and to the CITY and will furdier the objecrives of both parries in a manner
consistent with the objectives of political subdivisions of the State of Texas; and
E Et�S, it is mutuaIlp beneficial to both parries to execute this Agreement whereby each entiry can achieve common objectives
relating ta the services regarding fuel supply and management of the CITY and DCTA, and in the interest of saving the taxpayex
funding; and
N T E EF E, in consideration of the mutual representations, terms and covenants hexeafter set forth, the parties hereby
agree as follows:
1. STATE ENT F O K. CFTY agrees to use its reasonable efforts to pexfoxm the fuel supplp and management services
described in the Service Agreement listed below in Section 2.
2. SERVICE LEVEL AGREEMENT
Services provided by City of Denton:
� Order fue] supplies as required when notified by DCTA staff
• Process monthly fuel invoices for payment
• Process monthly billing of DCTA fuel account
• Provide propane, diesel and regular unleaded fuels as a contingency dispensed from City's supply tanks
Payments provided by DCTA:
• Service costs for fuel supplies dropped in DCTA tanks will be recovered by a 1.5% mark up on gross fuel receipts.
• Contingency propane, diesel and unleaded fuels dispensed from City's supply tanks will be invoiced at cost plus
$0.30 per gallon
• All payments will be administered in accordance with Section(s) 5 and 6 of this Interlocal Agreement.
3. PROG CONTACT. The Program contact will be Anna Mosqueda, Vice President for The Denton County Transpartatian
Authority.
4. PE I F PE F R ANCE. CITY will perfozm the program and tasks detailed in the "Service Agreernent" during the
period of ay 6, 2014 through ay 5, 2015. This Agreement will be renewed automatically, on an annual basis, unless written
notification by either paxty has been sent to the authorized cantact at least one-hundxed and eighty days (180) in advance.
5. T TAL A OUNT F T E C(3NT CT. The DCTA agrees to pay the CTTY an amount equal to 1.5% maxk up on the
gxoss fuel receipts.
G. PA ENT SC E ULE. The DCTA shaII rnake payments upon receipt of invaices, in accordance with the statutory
provisions of Texas Gavernment Cade; Chapter 2251.
Invoices shall be sent to the following address:
Name: City of Denton, Accounts Payable Department
Address: 215 East McKinney Street
, .
Paee 1 nf �
i _..
EXHIBIT 2
Ciry State Zip: Denton, T�i 76201
Company Rep Name: Accounts Payable
Phone: 94d-349-8223 Email: accountsoayahle(�a�7,cit�afdentan.cam
7. TERMINATION. This agreement rnay be terminated by either party, upan one-hundred and eighty (18d} days prior written
notice.
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15. W1iIVER. No waiver of any pxovision hereof or of any right ox remedy hexeunder shall be effecrive uniess in wriring and signed
by the party against whom such waiver is sought to be enforced. Na delay in exercising, no course of dealing with respect ta, or
no partial exercise of any right or zemedy hereunder shall constitute a waiver of any right or xemedy, or future exercise thexeof.
16. ASSIGN ENT. This Agreement may not be assigned in whole or in part by any of the Parries without prior written consent of
the other Party.
17. SEVE ILITY. In the event that any section, paragraph, sentence, clause or piovision hereof is held by a court of competent
jurisdictian to be invalid, such shall not affect the remaining portions of this Agreement and the same shall rernain in full force and
effect.
18. EN E TS. This Agreement may be amended frorn ` e to tirne by written amendment by both parties.
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EXHIBIT 2
�� _�_ �.�. _ � �
Denton County Transportation Authority City of Denton Purchasing Depaxtment
9d1B Texas Street
Dentan, T� 76205 ' Denton, Texas 762d1
Attn: , ' Attn: Purchasing Manager
Telephone: ,,,,,, r,,, �_ Telephone: 940-349-7100
Ernail: _ Email: nurchasing�a7cit�ofdenton.cam
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r, r�- • -. � , _ --�� - r '. -��� � �,, . _ . - �- s �- r ` -- �-
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STATE OF TE�it1S
• ! �
This instnunent was acknowledged before me on the day of , 2014 by ,,,.,,,,, , on
behalf of the City of Denton, Texas.
..,�...� �....
Notary Public in and fox the State of Texas
�
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Vance Kemler at 349-8044
ACM: Bryan Langley ��i
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute a First Amendment to a Professional Services Agreement by and between the City of
Denton, Texas and Lloyd Gosselink, Attorneys-at-Law, for legal services relating to the
preparation, development, submittal, and other associated professional legal services required to
secure a Municipal Solid Waste (MSW) Facility Permit Amendment (MSW Permit 1590-A) for
the City of Denton, Texas MSW Facility; authorizing the expenditure of funds therefor;
providing an effective date (File 4703 in the additional amount not-to-exceed $400,000;
aggregating a total not-to-exceed $480,000). The Public Utilities Board recommends approval
(7-0).
FILE INFORMATION
On April 1l, 2011, the City Council approved a Professional Services Agreement with Lloyd
Gosselink, Attorneys-at-Law for legal services related to the expansion of the City's Municipal
Solid Waste Facility (MSW) in the amount of $80,000. This First Amendment is for multi-year
continued legal support for all of the phases associated with the completion of the MSW
permitting process. A detailed description of the project is included in the Public Utilities Board
Agenda Information Sheet (Exhibit 1).
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On April 14, the Public Utilities Board recommended approval to forward this item to the City
Council for consideration.
RECOMMENDATION
Approve a First Amendment to a Professional Services Agreement between the City of Denton,
Texas and Lloyd Gosselink, Attorneys-at-Law, in the additional amount not-to-exceed $400,000
for a total award not-to-exceed $480,000.
PRINCIPAL PLACE OF BUSINESS
Lloyd Gosselink, Attorneys-at-Law
Austin, TX
Agenda Information Sheet
May 6, 2014
Page 2
ESTIMATED SCHEDULE OF PROJECT
This Agreement is expected to continue until December 31, 2016 or until completion of all five
(5) phases of the MSW permitting process.
FISCAL INFORMATION
The additional services will be initially funded from account 660615585.1360.10100 in the
amount of $100,000. The remaining amount of $300,000 will be funded by future year debt sales
for the Solid Waste Fund.
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Information Sheet
Exhibit 2: Public Utilities Board Draft Minutes
Exhibit 3: Ordinance
Exhibit 4: First Amendment
Respectfully submitted:
C.���� ��
-+�,c�e.�,
Chuck Springer, 349-8260
Director of Finance
EXHIBIT 1
PUBLIC UTILITIES BOARD AGENDA ITEM #2
AGENDA INFORMATION SHEET
AGENDA DATE: April 14, 2014
DEPARTMENT: Solid Waste
ACM: Jon Fortune �J b
SUBJECT
Consider recommending approval of a Professional Services Agreement, Amendment #l, with
Lloyd Gosselink, Attorneys-at-Law, of Austin, Texas in the additional amount of $400,000.00
for the preparation, development, submittal, and the provision of associated services required to
secure a Municipal Solid Waste Permit Amendment for the City of Denton's Municipal Solid
Waste (MSW) Facility, MSW Permit# 1590A, for an amount not to exceed $400,000.00.
BACKGROUND
The City Council has set goals for the Solid Waste Department that include maintaining a
capacity to serve for 50 years and to achieve a 40% recycling rate. In order to achieve these long
term planning goals, the permitted capacity of the City's MSW Facility requires expansion to
ensure adequate processing, treatment, and disposal capacity in its integrated solid waste
management system.
The City of Denton Solid Waste Department began the process to amend the City's MSW
Facility Permit in 2008. In order to determine whether the City's undeveloped land adjacent to
the existing landfill site would be an acceptable location for a facility expansion, a geotechnical
investigation of portions of the undeveloped areas on the site was conducted in 2008 and a
feasibility study on the feasibility of a lateral expansion of the landfill was completed in January,
2009. The feasibility study concluded that the undeveloped areas were compatible for landfill use
and the study provided three expansion alternatives. The study concluded that a permit
amendment for a facility expansion at the existing site can provide greater than 50 years of
service capacity, and the SW Department has been working toward obtaining the permit
amendment since 201 l.
The permitting process is a multi-year process involving design, public input, and multiple
agencies involvement on technical and administrative issues. The permit amendment will
consolidate many minor permit modifications issued over the last 14 years, will be based on the
current State of Texas' major MSW rule changes of 2006, will accommodate the incorporation
of newer industry waste handling and processing technologies, and will address possible end
uses for the closed landfill disposal areas.
The City completed a Professional Services Agreement (PSA) with Lloyd Gosselink, Attorneys-
at-Law, Austin, Texas, for $80,000.00, to provide the City's legal consulting services during the
amendment process as described in their PSA dated June 3, 2011. Lloyd Gosselink has worked
AIS — PUB Agenda Item #2
April 14, 2014
Page 2 of 2
extensively in the MSW permit amendment process nationally, and represents the City extremely
well in providing the expertise and guidance necessary as the permit moves forward toward
completion. Legal services associated with Phase I, which are discussed in more detail in the
attached proposal, are ongoing, and additional funding is required to complete the permit
process. The Solid Waste Department is requesting multi-year funding of $400,000.00 to
continue the permit amendment administrative and technical process.
The additional funding requested will support continued legal services in Phase I, and funding
for Phases II, III, IV, and possibly V. The requested funding requirement is variable, and will be
based on the volume of legal issues and contestants encountered during the process.
OPTIONS
l. Approve staff's recommendation for an amendment to the Professional Services Agreement,
adding additional funding of $400,000 for the provision of legal services over a multi-year
period.
2. Reject staff's recommendation for amending the Professional Services Agreement, and seek
legal services from another firm.
RECOMMENDATION
Staff recommends the approval of the Professional Services Agreement Amendment and
providing additional funding for legal services in the amount of $400,000.00.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Public Utilities Board recommended the PSA at their meeting of March 28, 2011. The City
Council approved the PSA at their meeting of April 1 l, 2011.
DATE SCHEDULED FOR COUNCIL APPROVAL
May 6, 2014
FISCAL INFORMATION
The additional professional services will be funded from Solid Waste job cost account 660560
over a multi-year period, totaling $400,000.00, bringing the total PSA funding to $480,000.00.
EXHIBITS
1. Lloyd Gosselink Proposal
2. First Amendment to Professional Services Agreement
3. Professional Services Agreement
Prepared by:
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S. Lebsack
Development Manager
Respectfully submitted:
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C�. �` ;�-� �.
A. Vance Kemler
General Manager, Solid Waste
EXHIBIT 2
DRAFT MINUTES
PUBLIC UTILITIES BOARD
April 14, 2014
After determining that a quorum 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, April 14, 2014 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy
Robinson, Phil Gallivan, Leonard Herring, Barbara Russell and Lilia
Bynum
Ex Officio Members: Howard Martin, ACM Utilities
Absent: George Campbell City Manager
OPEN MEETING:
CONSENT AGENDA:
2. Consider recommending approval of a Professional Services Agreement, Amendment #l,
with Lloyd Gosselink, Attorneys-at-Law, of Austin, Texas in the additional amount of
$400,000.00 for the preparation, development, submittal, and the provision of associated
services required to secure a Municipal Solid Waste Permit Amendment for the City of
Denton's Municipal Solid Waste (MSW) Facility, MSW Permit# 1590A, for an amount not
to exceed $400,000.00
Motion was made to approve item 2 by Board Member Gallivan with the second by Board
Member Cheek. The vote was 7-0 approved.
Adjournment 10:28 a.m.
Exhibit 3
ORDINANCE NO. 2014-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIIZST AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND LLOYD
GOSSELINK, ATTORNEYS-AT-LAW, FOR LEGAL SERVICES RELATING TO THE
PREPARATION, DEVELOPMENT, SUBMITTAL, AND OTHER ASSOCIATED
PROFESSIONAL LEGAL SERVICES REQUIIZED TO SECURE A MUNICIl'AL SOLID
WASTE (MSW) FACII,ITY PERMIT AMENDMENT (MSW PERMIT 1590-A) FOR THE
CITY OF DENTON, TEXAS MSW FACII,ITY; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE (FILE 4703 IN THE
ADDITIONAL AMOUNT NOT-TO-EXCEED $400,000; AGGREGATING A TOTAL NOT-
TO-EXCEED $480,000).
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to continue to engage the legal firm of Lloyd Gosselink, Attorneys-at-Law, a Texas
Corporation, located in Austin, Texas to provide the City with professional legal services
pertaining to Municipal Solid Waste Permit 1590-A; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional services by the City of Denton, and that limited City
staff cannot adequately perform the specialized engineering and other professional services and
tasks, with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, 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, knowledge, and qualifications,
and for a fair and reasonable price; and
WHEREAS, the City Council hereby finds and concludes that Lloyd Gosselink,
Attorneys-at-Law is appropriately qualified under the provisions of the law, to be retained as a
law firm for the City, respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
"First Amendment to Agreement for Professional Legal Services;" NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2. The City Manager is hereby authorized to execute a"First Amendment to
Agreement for Professional Legal Services" (the "First Amendment") with the law firm of Lloyd
Gosselink, Attorneys-at-Law, in the additional amount of not-to-exceed $400,000, for
1
Exhibit 3
professional legal services pertaining to the interests of the City as hereinabove described, in
substantially the form of the First Amendment which is attached hereto as Exhibit "A" which is
incorporated herewith by reference.
SECTION 3. The award of this First Amendment is on the basis of the demonstrated
competence and qualifications of the firm of Lloyd Gosselink, Attorneys-at-Law, and the ability
of Lloyd Gosselink, Attorneys-at-Law to perform the professional legal services needed by the
City for a fair and reasonable price.
SECTION 4. The expenditure of funds as provided for in the attached First Amendment
is hereby authorized.
SECTION 5. This ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED this the day of , 2014
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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By:
2
MARK A. BURROUGHS, MAYOR
EXHIBIT 4
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THIS FIRST AMENDMENT TO AGREEMENT ("First Amendment"), made and
entered into this day af _ , 2014, by and between LLOYD GOSSELINK,
Attorneys-at-Law, a Texas Professional Corporation (hereinafter "Consultant"), with Paul
Gosselink, Shareholder, having full autharity to execute this Agreement on behaff of the firm,
816 Congress Avenue, Suite 1900, Austin, Texas, 78701; and the CITY OF DENTON, a Texas
Municipal Corporation, 2l5 East McKinney, Denton, Texas, 75201 (hereinafter "City"), with the
City Manager, having full authority to execute this Agreement on behalf of the City.
WITNESSETH:
WHEREAS, the City deems it necessary and in the public interest to employ legal
counsel to provide additional professional legal services with respect to the proposed expansion
ofthe City's existing landfill; and
WHEREAS, Consultant's Air and Waste Practice Group generally breaks down the
landfill permitting process into five (5) phases with costs estimated for each phase of the project;
this Agreement covers phases I through V of the that project. The Agreement previously entered
into by and between the City and the Cansultant merely provided for services to be rendered on
Phase I of the project, and was in an amount not-to-exceed $80,000 entered into on June 3, 2011.
The Permit application is expected ta be submitted to the Texas Commission on Env►ronmental
Quality ("TCEQ"} before June 1, 2014. The professional legal services for the five (5) phases
are expected to run from May 2014 through December 31, 2016.
WHEREAS, the Consultant is willing to cantinue to perform such services in a professional
manner as an independent contractor; and has competently and efficiently performed similar
services for the City in numerous other matters before the PUC (Public Utilities Commission of
Texas) and the TCEQ over the past years; and the City has selected Consultant on the basis of
demonstrated competence and qualifications necessary to perform the needed services; and
WHEREAS, the City desires to engage the Consultant to render the professional services in
connection therewith, for a fair and reasonable price; consistent with, and for a fee not higher than
the recommended practices and fees published by the applicable professional associations; and such
fees do not exceed any maximum provided by law; all in accordance with the provisions of Chapter
2254 of the Texas Government Code (the 66Prafessional Services Procurement Act99}; and the
Consultant is willing to provide such services;
NOW, THEREFORE, in consideration af the promises and mutual abligations herein, the
City and Consultant do hereby mutually AGREE as follows, to wit:
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EXHIBIT 4
I. Scope of Services: The Consultant shall perform the following serv►ces on Phase I
of the Project in a professional manner working as an independent contractor not under the direct
supervision and control ofthe City:
A. Services to be provided:
A detailed descriptian of the legal services to be provided is faund in an
engagement letter from Paul Gosselink, Shareholder of Consultant, to Vance
Kemler, General Manager of the Solid Waste Department of the City,
bearing a date of March 25, 2014, consisting of four (4) pages.
To consult with the City Manager, the Assistant City Manager for
Utilities, the General Manager of the Department of Solid Waste, the City
Attorney, and/or other designated personnel or staff regarding the status of
Phases I through V of the Project regarding and any and all aspects of the
professional services to be performed; and to preserve the Attorney/Client
privilege, work product, and all other applicable exceptions to the
discovery or disclosure of documents produced by the City and the
Consultant under the Scope of Services hereinabove.
B. The Consultant shall perform all the services required by this First Amendment in a
timely fashion, and shall complete them in compliance with schedules established by
the City through its General Manager of Solid Waste, as appropriate to carry out the
terms and conditions ofthis Agreement.
II. Term: This First Amendrrrent shall be effective as of the date of approval of this
First Amendment. The First Agreement shall terminate either upon the completion of the
professional services provided for herein or upon the exhaustion of all professional fees provided for
hereunder or any amendments hereto; whichever event shall first occur. This First Amendment may
be soaner terminated in accordance with the pravisians hereof. Time is of the essence of this First
Amendment. Consultant shal( make all reasonable efforts to complete the services set forth herein
as expeditiously as possible during the term of this First Amendment, and to meet the schedules
established by the City, through its General Manager of Solid Waste, or his designee.
III. Compensation and Method of Payment:
A. The Consultant shall charge the following fees for its professional services pravided
to the City hereunder, based upon the following hourly billing rates for the attorneys
and suppart staff involved in this matter for the year 2014:
Staff
'• '', -
Paul Gosselink, Shareholder $ 350.00
Duncan Norton, Shareholder $ 335.00
Jeff Reed, Associate $ 235.00
Other Attorneys; Averaging $ 300.00
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EXHIBIT 4
Parafegals $ 120.00
Law Clerks $ 90.00
Consultant agrees that all charges for the legal services hereunder, including
expenses as set forth in Section III. C. below, shall not exceed an additional
$400,000, totaling an aggregate of not-to-exceed $480,000.
B, The Consultant shall endeavor to have the attorneys and employees listed in Section
III.A. above, reasonably attempt to reduce costs by utilizing other qualified
shareholders, associates, and paralegals wherever feasible or possible. The
Consultant shall bill the City through the submission of itemized invoices,
statements, and other documentation, together with support data indicating the
progress of the work and the services performed on the basis of monthly statements,
showing hourly rates indicating who performed the work, what type of work was
done, and descriptions and/or details of all services rendered, including a daily, and
an entry-by-entry reflection af billable time spent on this engagement, along with
specific descriptions and supporting documentation, if available, respecting any
reasonable and necessary out-of-pocket expenses incurred by Consultant in
performing the professional services provided for under this First Arnendment.
Professional fees shall be billed in minimum one-tenth (1/10) hour increments.
C. Additionally, the City shall either pay directly or reimburse the Consultant, as the
case may be, for reasonable and necessary actual out-of-pocket expenses, including
but not limited to, long-distance telephone, telecopier, reproduction, postage,
overnight courier, and transpartation and travel. All copies will be charged at the
rate of fifteen cents ($.15) per copy far copies made within Consultant's offices,
with as much photocopying as possible being done by outside vendors at bulk rates
or by the City to reduce costs if bulk capying is necessary or appropriate. The
parties agree that the charges for autgoing telecopies from Consultant shall be $.25
per page and that there will be no charge for incoming telecopies.
D. The parties anticipate that invaices or statements for professional services will be
generated on a monthly basis and that said invoices or statements will be sent to the
City by Consultant on or about the 15th day of each month. The City shall make
payment ta the Consultant within thirty (30} days after receipt of an appropriate
itemized invoice or statement. To the extent that any fees or expenses are disputed
by the City, the City shal] notify Consultant within thirty (30) days after its receipt of
the invoice or statement, and shall otherwise pay all undisputed amounts set forth in
the invoice or statement within thirty (30) days after its receipt of the invoice or
statement. All reimbursable expenses, including, but not necessarily limited to
trave(, ladging, and rneals, shall be paid at the actual cost, pursuant to the terms,
conditions, and limitations set forth herein. All invoices or statements shall be a
reviewed and approved by the City Attorney or her designee.
E. It is understood and agreed that the Consultant shall work under the coordination
and general supervision ofthe General Manager of Solid Waste, or his designee.
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EXHIBIT 4
F, All notices, invaices, statements, and payments shall be made in writing and may be
given by personal delivery or by mail. As to notices: to General Manager of Solid
Waste, City of Denton, Texas, 1527 South Mayhill Road, Denton, Texas 76208 or to
his designee. As to invaices, statements, or payments: ta the General Manager of
Solid Waste at the address stated hereinabove; and to the City Attarney, 215 East
McKinney Street, Denton, Texas 76201 as to the City; and to Paul Gosselink, Lloyd
Gasselink, $16 Congress Avenue, Suite 1900, Austin, Texas 78701, as to the
Consultant. When so addressed, the notice, invoice, statement and/or payment shall
6e deemed given upon depas►t of same in the U, S. Mail, pastage prepaid. In all
other instances, natices, invoices, statements, and/or payments shall be deemed
given at the time of actual delivery. Changes may be made in the names and
addresses of the responsible person or office to which nofices, invoices, statements
and/or payments are to be sent, provided reasonable notice is given.
IV. Professional Competencv:
A. Consultant agrees that in the performance ofthese professional services, Consultant
shall be responsible to the level of competency and shall use the same degree of skill
and care presently maintained by other practicing professionals performing the same
or similar types of work in the State of Texas. The key Shareholder who will
coordinate most of the work hereunder shall be Paul Gasselink, Shareholder.
However, nothing herein shall limit Consultant from using other qualified and
competent members of the firm to perform the services required herein if such
delegation is reasonably appropriate and properly protects the City's interests.
B. Any agreements, ordinances, notices, instruments, memaranda, reports, letters,
and other legal documents prepared or obtained under the terms of this First
Amendment are instruments of service and the City shall retain ownership and a
property interest therein. If this First Amendment is terminated at any time for
any reason prior to payment to the Consultant for work under this First
Amendment, all such documents prepared or obtained under the terms af the First
Amendment shall upon termination be delivered to and become the property of
the City upon request and without restriction on their use or further compensation
to the Consultant.
V. Establishment and aintenance of ecords: Full and accurate records shall be
maintained by the Consultant at its place of business with respect to all matters covered by this First
Amendment. Such records shall be maintained for a period of at least three years after receipt of
final payment under this First Amendment.
VI. Audits and Inspection: At any time during normal business hours and upon
reasonable notice ta the Consultant, there shall be made available to the City all of the Consultant's
records with respect to al( matters covered by this First Amendment. The Cansultant shall permit
the City to audit, examine, and make excerpts or transcripts from such records, and to make audits
!�J
EXHIBIT 4
of contracts, invoices, materials, and other data relating to all matters covered by this First
Amendment.
VII. Accomplishment of Project: The Consultant shall commence, carry on, and
complete this professional engagement with all practicable dispatch; in a sound, economical and
efficient matter; and, in accordance with the provisions hereof and all applicable laws. In
accomplishing the project, the Consultant shall take such steps as are appropriate to insure that the
work involved is properly coordinated with any related work being carried on by the City.
�• � �. ,. � � .. � �
A. Consultant shall perform all services as an independent contractor not under the
direct supervision and control of the City. Nothing herein shall be construed as
creating a relationship of employer and employee between the parties. The City and
Consultant agree to cooperate in the defense of any claims, action, suit, or
proceeding of any kind brought by a third party which may result from or directly or
indirectly arise from any negligence and/or errors or omissions on the part of the
Consultant or from any breach of the Consultant's obligations under this First
Amendment. In the event of any litigation or claim under this First Amendment in
which Consultant is jo�ned as a party, Consultant shall provide suitable counsel to
defend City and Consultant against such claim, provided the Consultant shall have
the right to proceed with the competent counsel of its own choosing. The Consultant
agrees to defend, indemnify and hold harmless the City and all of its officers, agents,
servants, and employees against any and all such claims to the extent of coverage by
Consultant's professional liabi(ity palicy. The Consultant agrees to pay all expenses,
including but not limited to attorney's fees, and satisfy all judgments that may be
incurred or rendered against the Consultant's professional liability insurance policy.
Nothing herein constitutes a waiver of any rights or remedies the City may have to
pursue under either law or equity, including, without limitation, a cause of action for
specific performance or for damages, a loss to the City, resulting from Consultant's
negligent errors or omissions, or breach of contract, and all such rights and remedies
are expressly reserved.
B, Consultant shall maintain and shall be caused to be in force at all times during the
term of this First Amendrrrent, a legally binding policy of professional liability
insurance, listed by Best Rated Carriers, with a rating of "A-" or above, issued by an
insurance carrier approved to do business in Texas by the State Insurance
Commission. Such coverage shall cover any claim hereunder occasioned by the
Consultant's negligent professional act and/or error, act, or omission, in an amount
not less than $1,000,000 comhined single limit coverage per occurrence. In the
event of change or cancellation of the palicy by the insurer, the Consultant hereby
cavenants to immediatefy notify the City in writing thereof; and in such event, the
Consultant shall, prior to the effective date of change or cancellation, serve a
substitute policy furnishing the same or higher amount of coverage. The Consultant
shall provide a copy of the declarat►ons page of such palicy to the City through its
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EXHIBIT 4
General Manager of So(id Waste simultaneously with the execution of this First
Amendment.
, .,
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A. In connection with the work outlined in this First Amendment, it is agreed and fully
understood by the Consultant that the City may cancel or indefinitely suspend
further work hereunder or terminate this First Amendment at any time upon written
notice to Consultant, Consultant shall cease all work and labor being performed
under this First Amendment. Consultant may terminate this First Amendment by
giving the City fifteen (15} days written notice that Cansultant is na longer in a
position to continue representing the City. Consultant shall invoice the City for all
work satisfactorily completed and shall be compensated in accordance with the
terms of this First Amendment. All reports and other documents, or data, ar wark
related to the project shall become the property of the City upon termination of this
First Amendment.
B, This First Amendment may be terminated in whole ar in part, in writing, by either
party in the event of substantial failure by the other party to fulfill its obligations
under this First Amendment through no fault of the terminating party. Provided,
however, that no such termination may be affected, unless the other party is given
[1] written notice (delivered by certified mail, return receipt request) of intent to
terminate, and not less than thirty (30) calendar days to cure the failure; and, [2] an
opportunity for consultation with the terminating party prior to termination.
C, Nothing contained herein or elsewhere in this First Amendment shall require the
City to pay for any work which is unsatisfactory or which is not submitted in
compliance with the terms of this First Amendment.
X. Alternate Dispute Resoluiion: The Consultant agrees that, if necessary, it will use
its best efforts ta resolve any disputes regarding the First Amendment through the use af inediation
or other forms of alternate dispute resolution set forth in Chapter 154 of the Texas Civil Practices
and Remedies Code (V.A.T.C.S.).
XI. Entlre A�reement: This First Amendment represents the entire agreement and
understanding between the parties and any negotiations, proposals, or oral agreements are intended
to be integrated herein and to be superseded by this written First Amendment. Any supplement or
amendment to this First Amendment, in order to be effective, shall be in writing and signed by the
City and the Consu(tant.
XII. Compliance with Laws: The Consultant shall comply with all federal, state, local
laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now
read or hereafter be amended, including but not limited to the Texas Disciplinary Rules of
Professional Conduct.
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EXHIBIT 4
XIII. Governin� Law: For the purpose of determining place of agreement and law
governing same, th►s First Amendment is entered into in the City and County of Denton, State of
Texas, and shall be construed in accordance with, and governed by the laws of the State of Texas.
Venue and jurisdiction of any suit or cause of action aris►ng under or in connection with this First
Amendment shall lie exclusively in a court of competent jurisdiction sitting in Denton County,
Texas.
XIV. Discrimination Prohibited: In performing the services required hereunder, the
Consultant shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
XV. Personnel:
A, Consultant represents that it has or will secure at its own expense all personnel
required to perform the services required under this First Amendment. Such
personnel shall not be employees nor have any contractual relations with the City.
Consultant shall inform the City of any conflict of interest or potential conflict of
interest that may arise during the term of this First Amendment, in accordance with
Consultant's responsibilities under the Texas Disciplinary Rules of Professional
Conduct.
B. All services required hereunder will be performed by the Consultant or under its
direct supervision. All persannel engaged in work shall be qualified and shall be
licensed, authorized, or permitted under state and local laws to perform such
services.
XVI. Assi�nabilitv: The Consultant shall not assign any interest in this First Amendment
and shall not transfer any interest in this First Amendment (whether hy assignment, novation, or
otherwise} without the prior written consent of the City thereto.
X'VII. Severabilitv: All agreements and covenants contained herein are severable, and in
the event any of them, with the exception of those contained in sections headed "Scope of
Services", "Independent Contractor Relationship", and "Compensation and Method of Payment"
hereaf, shall be held to be invalid by any court of competent jurisdiction, this First Arnendment shall
be interpreted as though such invalid agreements or covenants were not contained herein.
XVIII, Responsibilities for Claims and Liabilitv: Approval by the City shall not
constitute nor be deemed a release of the responsibility and liability of the Consultant for the
accuracy and competency of its work; nor shall such approval be deemed to be an assumption of
such responsibility of the City for any defect in any repart or other documents prepared by the
Consultant, its sharehalders, assaciates, employees, officers, or agents in cannection with this
engagement.
XIX. Modifcation of A�reement: No waiver or modification of this First Amendment
or of any cavenant, candition, or limitat►on herein canta►ned shall be valid unless in writing and
duly executed by the party to be charged therewith. No evidence of any waiver or modification
Page 7
EXHIBIT 4
shall be offered or received in evidence in any proceeding arising between the parties hereto out of
or affecting this First Amendment, or the rights or obligations of the parties hereunder, unless such
waiver or modification is in writing, duly executed as aforesaid. The part�es further agree that the
provisians ofthis article will not be waived as herein set forth.
XX. Captions: The captions of this First Amendment are for informatianal purposes
anly and shall not in any way affect the substantive terms or conditions of this First Amendment.
XXI. indin� Effect: This First Amendment shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, legal
representatives, successors, and assigns, where permitted by this First Amendrnent.
IN TNESS E OF, the C►ty of Denton, Texas has executed this F1rst Amendment ►n
four (4} original counterparts by and through its duly authorized City Manager; and Consultant has
executed this F►rst Amendment by and through its duly authorized undersigned Shareholder; dated
this the day of , 2014.
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EXHIBIT 4
ATTEST:
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LLOYD GOSSELINK, P.C.
A Texas Professional Corporation
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PAUL GOSSELINK, Shareholder
Page 9
EXHIBIT 4
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�f i7� lir;;t f�ht�se l��'�?tFl1 in 2(}13 �ii�d will cc>ntit�uc until th� sub�ttittal oFtlzc rt��E�lic�ltion to
lhi� �(�C'1�:O. �1�'� ��pe�;t that tl7c rip�7licutic�>> �vil� li� submi[tcd [7�ft�r� J�urc 1, �01�. `�'lir� sL�«nd
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�i�cl I�it� in that yczu�. "[`I.�c (�f�n•th ��ha5� is thc c�7ntcstec) case 17G����in� p�7�i�� ���I�icl� will ]ikely r�c�c.ur
ica �arl� "'Ul6 �i�lc.l coi7tiiauc thr«u�h tI1G e�lci c�f' 2016. Tli� !i('th phasu ���lli�h i�lcludc5 pt�st-
LtC�illltll`ill°ClIIVL flICjlCltll �1L111'f(iF:,S Sll�fl �:15 sl�)E7LElIS, lI 11(;C;CtiS£iI°V. lS �lt"ll1CI��iI�CI lC1 t7CClll° lll ZO�G.
Amend 1- File 4703 Lloyd Gosselink Rochelle & Townsend, PC
EXHIBIT 4
Exhibit A
March 25, 2014
Page 2
Phase I: 2013 — 6/1/2014
This phase includes the time period prior to filing the application.
Attorney Tasks:
o Review and comment on draft application.
o Legal research on issues as they arise.
o Coordinate with consultants.
o Retain consulting experts.
o QA/QC meetings.
o Direct and review consultant activities.
o Coordinate as needed with Local and State Of�icials.
o Coordinate with Federal agencies.
• Costs:
o Estimated attorney's fees and costs: $100,000 -$175,000.
Phase II: 6/1/2014 — 3/1/2015
This phase will cover the time periad during which the permit application is submitted to the TCEQ
until it has been declared technically complete. We anticipate this phase will be completed in early
201 S and involve the fallowing specific tasks:
Attorney Tasks:
o Coordinate with client and technical consultants regarding proposed revisions to
the application due to TCEQ concerns.
o Discuss and meet with TCEQ staff regarding technical completeness and adequacy
of permit application.
o Coordinate with Local and State Officials,
o Coordinate regarding public notices.
o Meet with TCEQ management regarding policy issues, if needed.
o Negotiate with Local Officials and citizen groups regarding agreements and/or
approvals.
o Legal research on issues as they arise.
o Conduct and participate in phone calls and correspondence with client, engineering
group, other experts, and TCEQ.
o Coordinate with Federal agencies
• Costs:
o Estimated attorney's fees and costs: $50,000 -$125,000.
Phase III: 3/1/2015 —10/1/2015
This phase will cover the time period subsequent to the permit application being declared
technically complete and will continue until such time as the application is either approved without
Amend 1 - File 4703
EXHIBIT 4
Exhibit A
March 25, 2014
Page 3
a hearing or referred to the State Office of Administrative Hearings (SOAH) for a hearing. 1'his
phase is likely to be completed in late 2015, We have identified the following specific tasks that we
anticipate will occur in Phase III:
Attorney Tasks:
a Monitor task schedules and coordinate with engineer �roup and other experts.
o Potentially continue to work with Federal agencies.
o Coordinate with TCEQ regarding required public notices.
o Legal research on issues as they arise.
o Mediate and/or meet with prospective protestants to try to resolve all or some
issues,
o Work with TCEQ staff on Executive Director's Response to Comments.
o Coordinate public meeting(s), to include:
■ Helping with presentation,
■ Helping coordinate exhibits, and
■ Helping coordinate with TCEQ staff.
o Draft responses to hearing requests to seek to limit parties and issues.
o Potentially begin work on prefled testimony and exhibits, including review of prior
transcripts and depositions. Distribute relevant materials to experts.
• Costs:
o Estimated attorney's fees and costs: $55,000 -$140,000.
Phase IV: 10/1/2015 —10/1/2016
This phase will cover the contested case hearing and post-hearing phase, through consideration of
the PFD by the Commission.
Attorney Tasks;
o Conduct mediation and/or meetings with protestants and draft settlement
documents.
o Complete pre-filed testimony with experts and other witnesses.
o Prepare for and attend jurisdictional hearing.
o Propound and respond to discovery.
o Review documents produced.
o Prepare for and conduct hearing on the merits.
o Prepare and respond to post-hearing briefs and Proposal for Decision.
o Prepare for and participate in TCEQ Final Decision Agenda,
o Research legal issues.
• Costs:
o Estimated attorney's fees and costs to be determined after first three phases are
completed.
Amend 1 - File 4703
EXHIBIT 4
Exhibit A
March 25, 2014
Page 4
Phase V: 1/1/2015 — 9/1/2015
If needed, this phase will include responding to any motions for rehearing at TCEQ and/or defending
the permit from State District Court challenges. It does not include possible Appellate Court
challenges.
• Attorney Tasks;
o Respond to Motions for Rehearing at TCEQ,
o Coordinate with TCEQ and Texas Attorney General's Office.
o Conduct Travis Co. District Court Administrative Appeal.
• Costs:
o Estimated attorney's fees and costs: to be determined after Phases III and, if it
occurs, Phase IV are completed.
The fees and costs contained in this budget estimate are based on the expectation that two
lawyers and one paralegal will be needed on this case. Our 2014 billing rates are as follows:
Paul Gosselink ($350.00 per hour); Duncan Norton ($335.00 per hour); Jeff Reed ($235.00 per
hour); other attorneys to assist with legal research, briefng, and other preparations (average
$300.00 per hour); a paralegal ($120.00 per hour); and law clerks ($90.00 per hour). We
anticipate that Paul Gosselink and Jeff Reed will be the attorneys primarily responsible for this
representation. If the case includes a contested case hearing, other attorneys may be included to
handle specific tasks. We will maintain these rates for the next two years. We may revise these
rates in 2016.
Please understand that the wide range of costs projected for this case is primarily due to
the uncertainties regarding the level of opposition and technical issues that might arise. The time
estimates are also approximate and largely dependent on TCEQ and SOAH schedules, which can
vary significantly depending on workloads and opposing party considerations. Settlement with
protestants can significantly reduce these costs, depending on the timing of such settlement.
We very much appreciate the opportunity to work with the City on this matter. We value
Denton as a firm client.
Once you have had the chance to review this estimate of legal and consultant fees, please
feel free to call if you have any questions or wish to discuss this important matter further.
Sincerely,
t
�
r�.
Paul Gosselink
PGG/mpj
4379704,2
Amend 1 - File 4703
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
Materials Management
Bryan Langley ���
Questions concerning this
acquisition may be directed
to P.S. Arora at 349-7189
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute a First Amendment to a Professional Services Agreement for engineering services by
and between the City of Denton, Texas and Kimley-Horn and Associates, Inc., for engineering
services relating to the Roadway Impact Fee and Rough Proportionality Policy Development for
the City of Denton; authorizing the expenditure of funds therefor; providing an effective date
(File 5436 in the additional amount not-to-exceed $165,000; aggregating a total not-to-exceed
$441,500).
FILE INFORMATION
A Professional Services Agreement with Kimley-Horn and Associates, Inc. was approved on
January 7, 2014 for the development and implementation of a Roadway Impact Fee and Rough
Proportionality Policy in the not-to-exceed amount of $276,500. This First Amendment is for
professional services related to further updating the City of Denton Mobility Plan to develop a
tra�el demand model, expand the functional classifications, and develop alternative design cross
sections for roadways incorporating pedestrian and bicycle components. The Amendment will
also evaluate future roadway service and alignments to provide recommendations to the current
Mobility Plan. A report addressing the need for these additional services was presented to the
City Council on April l, 2014 (Exhibit 1).
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 7, 2014, the City Council approved a Professional Services Agreement with Kimley-
Horn and Associates, Inc. in the not-to-exceed amount of $276,500.
RECOMMENDATION
Approve a First Amendment to a Professional Services Agreement between the City of Denton
and Kimley-Horn and Associates, Inc., in the additional amount not-to-exceed $165,000 for a
total contract award total not-to-exceed $441,500.
Agenda Information Sheet
May 6, 2014
Page 2
PRINCIPAL PLACE OF BUSINESS
Kimley-Horn and Associates, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
Services to be performed will begin upon City Council approval and will continue until the
completion of the project as defined in the Professional Service Agreement.
FISCAL INFORMATION
A Budget Amendment for Street Improvement Fund Account #285801.7854 in the amount of
$175,000 was approved by the City Council on April l, 2014. This will be used to fund the cost
of the services specified in the First Amendment. The additional amount will be added to
Purchase Order 166744 after Council approval.
EXHIBITS
Exhibit 1: April l, 2014 Council Report Without Exhibits
Exhibit 2: Ordinance
Exhibit 3: First Amendment
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
EXHIBIT 1
AGENDA INFORMATION SHEET
AGENDA DATE: April l, 2014
DEPARTMENT: City Manager-Administration
ACM: Howard Martin, Assistant City Manager 349-8232���
SUBJECT
Receive a report, hold discussion and provide direction on modification of the Kimley-Horn and
Associates, Inc consultant contract for Road Impact Fees to add development of a transportation
computer model and update of the Denton Mobility Plan.
BACKGROUND
City Council approved the engineering consulting contract for development of Road Impact Fees
with Kimley-Horn and Associates, Inc (KMH) on January 7, 2014. The consultant is making
good progress on the project. During evaluation of the supporting data needed for the road
impact fees, it was determined that the Denton Mobility Plan (Exhibit 1) needed to be updated
and that there was no travel demand data used to develop the Mobility Plan that supports the
Mobility Plan.
The Mobility Plan is a core component of the Denton Development Code. Exactions for road
improvements from proposed developments are based on the Mobility Plan along with the road
cross-sections in the Transportation Criteria Manual. In addition, all of the road construction that
is related to capacity upgrades and mobility improvements is tied to the Mobility Plan. The
current Mobility Plan is deficient and outdated. To develop a Mobility Plan or Master
Thoroughfare Plan, computer models are now used to determine the travel demands for the entire
road network This is similar to the master plans for the water, wastewater and drainage systems
that use computer models applicable to each discipline. To bring the Denton Mobility Plan to
modern standards, it is therefore necessary to use the applicable computer model that would
allow the city to then rely on a technically sound master transportation plan that is based on
actual traffic counts, that is calibrated for the existing conditions, and that would project build
out needs of the transportation system.
Since KMH is already engaged in developing the road impact fees, and that the Mobility Plan is
a key component of the road impact fees, staff asked KMH to submit a scope and cost proposal
for developing the computer model to update the Mobility Plan. KMH provided the scope for the
project and the key elements of the project are listed below;
• Develop a travel demand model that the City can utilize to evaluate travel demand needs and
continue to use the travel demand model on an on-going basis;
• Expand and evaluate the functional classification of the current Mobility Roadway Plan to
include type of roadway;
• Develop alternative design cross sections for the type of roadway and incorporate the
pedestrian and bicycle components into the overall Mobility Roadway Plan; and
• Evaluate future roadway level of service and alignments to provide recommendations to the
current Mobility Roadway Plan
EXHIBIT 1
As part of the project, KMH will develop an existing condition Base Year Model (Year 2014)
that is calibrated with current traffic data. KMH will utilize the Base Year Model to assist in the
development of the Year 2040 Build Out Model. The purpose of the 2040 Build Out model is to
develop the ultimate Mobility Roadway Plan. Up to four different roadway networks with city
input are intended to be analyzed for the 2040 Build Out model. Each alternative will be
compared against each other to determine the preferred option.
Once a option is selected for the 2040 Build Out Model the following tasks will be performed;
A. Functional Street Classifications: This task will include research of national best
practices and industry standards and make recommendations for new functional street
classifications to be considered as part of the plan update.
B. Define Type of Streets: Recommendations will consider Context Sensitive Design
for all transportation modes and built upon concepts that are under consideration
locally and regionally. This concept breaks down the functional street classification
into types of streets which may be based on the surrounding land uses. Cross sections
and plan views will be developed.
C. Design Criteria Manual Revision: Explore how the new functional street
classifications and cross sections will be incorporated into the Design Criteria
Manual. A list of necessary revisions to the Design Criteria Manual will be produced
and a process will be created to implement the changes.
D. Alignment Considerations: KMH will analyze alignment alternatives at a conceptual
level for the Mobility Roadway Plan. The consultant will use a�ailable contours,
parcel data/right-of-way information, utilities, flood plain and gas well locations to
aid in the recommendation of alignment. This task anticipates looking at up to ten
(10) roadway alignments (new and existing).
E. Intersection Improvements: KMH will identify intersection improvement to aid in the
overall mobility of the City. These improvements may include but are not limited to
signals, turn lanes, roundabouts, etc.
Upon completion of the study KMH will prepare the Mobility Roadway Plan
document detailing; study overview, plan goals and objectives, existing transportation
conditions, travel demand modeling, functional classification system, future needs
and plan recommendations. In addition, KMH will prepare for and conduct a one-day
training and education session for city staff on use of TransCAD computer model.
City will be provided a copy of the Denton TransCAD model.
KMH scope of work and cost proposal is attached as Exhibit 2. The cost is estimated
at $165,000. In addition, staff is requesting $10,000 for any additional services that
may be needed in development of the updated Mobility Plan for a total estimated
expenditure of $175,000. The reimbursement resolution to be considered for approval
by the City Council on April l, 2014 includes $175,000 to fund the Mobility Plan
update project.
EXHIBIT 1
OPTIONS
1. Provide direction to accept the proposal from KMH and bring the professional services
contract back for approval
2. Reject the proposal from KMH
RECOMMENDATION
Staff recommends City Council direction on proceeding with the KMH proposal as presented.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
December 5, 2011: Staff presentation to the City Council regarding supplemental street funding
February 6, 2012: Staff presentation to the City Council to provide an update regarding
supplemental street funding
September 10, 2013: Staff presentation to the City Council to provide an update and seek
direction regarding supplemental street funding
November 15, 2013: Staff presentation of proposed road impact fees to the Developer's
Committee
December 10, 2013: Work Session on Kimley-Horn and Associates, Inc consultant contract for
implementation of road impact fees
January 7, 2014: Approval of the Kimley-Horn and Associates, Inc consultant contract for
implementation of road impact fees
EXHIBIT
1. Current Mobility Plan
2. KMH Proposal
Respectfully submitted,
.
P. S. Arora, P.E.
Assistant Director Wastewater
Exhibit 2
ORDINANCE NO. 2014-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIIZST AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT FOR ENGINEERING SERVICES BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND KIMLEY-HORN AND ASSOCIATES, INC., FOR ENGINEERING
SERVICES RELATING TO THE ROADWAY IMPACT FEE AND ROUGH
PROPORTIONALITY POLICY DEVELOPMENT FOR THE CITY OF DENTON;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 5436 IN THE ADDITIONAL AMOUNT NOT-TO-EXCEED
$165,000; AGGREGATING A TOTAL NOT-TO-EXCEED $441,500).
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to continue to engage the engineering firm of Kimley-Horn, a Texas Corporation, located
in Dallas, Texas ("KHA"), to provide the City with professional engineering services pertaining
to KHA's work in support of the City's Roadway Impact Fee and Rough Proportionality Policy
Development; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional services by the City of Denton, and that limited City
staff cannot adequately perform the specialized engineering and other professional services and
tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, 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, knowledge, and qualifications,
and for a fair and reasonable price; and
WHEREAS, the City Council hereby finds and concludes that KHA is appropriately
qualified under the provisions of the law, to be retained as an engineering firm for the City,
respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
"First Amendment to a Professional Services Agreement for Roadway Impact Fee and Rough
Proportionality Policy Development;" NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2. The City Manager is hereby authorized to execute a"First Amendment to
a Professional Services Agreement for Roadway Impact Fee and Rough Proportionality Policy
1
Development" (the "First Amendment") with the engineering firm of Kimley-Horn and
Associates, Inc., in the additional amount of not-to-exceed $165,000 for professional engineering
services pertaining to the interests of the City as hereinabove described, in substantially the form
of the First Amendment which is attached hereto as Exhibit "A" which is incorporated herewith
by reference.
SECTION 3. The award of this First Amendment is on the basis of the demonstrated
competence and qualifications of the firm of KHA, and the ability of KHA, 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 First Amendment
is hereby authorized.
SECTION 5. This ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED this the day of , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
-._ ._ ,
���-� .�
���
��'
By:
2
MARK A. BURROUGHS, MAYOR
EXHIBIT 3
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The following Scope of Services is an amendment to the approved scope of services for the referenced
project. This amendment generafly involves revisions to further update the Mobility Plan to develop a
travel demand model, expand the functional classifications, develop alternative design cross sections for
the type of roadway incorpocating the pedestcian and bicycle camponents, evaluate future coadway
service and alignments to provide recom►nendations to current plan, and any related meetiilgs.
The variaus taslcs affected by this amendment are listed below along with the associated charges. The
total contract amendment expenditure shall not exceed one-hundred and sixty-five thousand dollars
($165,000) and is detailed in Attachment 1.
1 1 t' ! G� �
Task 1— Public Involvement and Meetings
A. Staff Technical Committee Meetings - Up to six (6) tneetings will be attended with the OWNER
and are envisioned to cover the following elements; issues identification, travel demand modeling
(2 meetings), expanded functional classification system to include type of roadway, development
of alternative cross sections, and overall pfan development.
B. Public Meetings - Three (3) Public Meetings will be attended to garner public input. These are
envisioned to occur at the outset of the project for issues identificatian and towards the end of the
project for Plan recammendations. These public meetings could include presentations to the
Mobility Committee and/or City Council.
1 �; r
/�r / '' R ' 1 �.: R'�:' /
• OWNER contacts — The OWNER will pcovide the organizatianal structure for the project team
for the completion of the Mobility Roadway Plan update.
• Previous Mobility Roadway Plan Reports — Tlie OWNER will provide the CONSULTANT tlle
previous Mobility Roadway Plan report and any relevant Mobility Roadway Plan documentation
created since the adoption of the current Mobi(ity Raadway Plan.
• OWNER provided list of current roadways that have been identified for modification to the
Mability Roadway Plan.
• Maps — Tlie OWNER shall pi°ovide CONSULTANT with available GIS shapefiles, associated
databases, and layer files in ESRI ArcGIS10x forrnat. All data shall be projected in NAD 83
State Plane, South Central Texas Zone coordinates. Data should include:
i. Available ROW informatiorl;
ii. Ex'rsting utility locations;
iii. Existing gas wells and gas line;
iv. Contours; aizd
v. FEMA flood plain data.
• Travel Model — The CONSULTANT wili warl< an obtaining the current NCTCOG model used
for its Mobility 2Q40 Plan. The CONSULTANT intends ta use their current transportation model
May 13, 2014
Page 1 of 6
EXHIBIT 3
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(TcansCAD). This is the same model used by the North Centra( Texas Council of Gavernments
(NCTCOG). The NCTCO model will be incorporated into the CONSULANTS model.
Task 3— Existing Conditions Analysis
The CONSULTANT will condtrct aild general overview of the existing thor-ougllfare system ta serve as a
basis plan development. Elements included as part of tiiis assessment will include; existing functional
classification, existing network level-of-secvice, identification of critical intersections, existing and future
majar traf�c generators, current daily volumes and non-motorized and transit connectivity.
Traffic volumes will be based on available infocmation as compiled by the OWNER and supplemented
with data fcom the current Roadway Tmpact Fee Study.
Task 4— Develop and Calibrate Existing ("Base Year"} Model
The CONSULTANT wifl update the travel demand model identified fo►° use in Task 2. The
CONSULTANT will revise the TransCAD model to reflect the network configurations and demagcaphic
datasets required to model the existing tc-ansportation system.
� � 1 �
The CONSULTANT wi11 review and modify the existing traffic survey zones fcom the travel
demand model. The traffic sucvey zones will be agreed upon prior to modeling work. Any
change to the traffic survey zones after modefing would result in additional services.
■ �. - �� , �. �,,
.
The existing demographic datasets will be used from the currettt Roadway Itnpact Fee Study
project broken into the agreed upon traf�c survey zones.
1. . �� . *� r, �
The CONSULTANT will update the roadway network to reflect the existing roadway network.
� ' � � �,
The travel demand model wili then be calibrated using the existing traffic counts collected as part
of the current CZoadway Impact Fee Study project. The CONSULTANT will calibrate the
network by fiinctional class arid up ta 6 screen lines througltaut the City according to the FHWA
iziodelii�g methodology. Once calibrated, this existing conditions model (or "base year" inodel)
wifl be used ta deveIop a 6aseline condition.
1- � �� I�I i. t ��-
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May 13, 2014
Page 2 of 6
EXHIBIT 3
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2040 (Bui(d Out} demographic datasets will be used from the current Roadway Impact Fee Study
project. These demagcaphics will be broken into the traffic strrvey zones agreed upon in Task 4.
: 1- - � 1•1 :, � • , ,� �,
The CONSULTANT will update the roadway networic utifized in the future analysis. Up to fauc
different roadway networks are intended to be analyzed foc tlle 2040 (Bu'tld Out) model. An
example af these roadway networks are as follows:
• Existing Roadway Network
• $ase Future Network (Ex'tsting + Committed Roadway Projects};
• Otlter Roadway Scenario; and
• Updated Mobility Roadway Plan.
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C. Travel Forecast Modeling
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Based on work effoi°ts in Tasks 1-5, tI10 CONSULTANT WLII COl1CIUCt iC�11S]�OCi1t1011 ]�I2lllllllg t0 aaCICeSS
tl�ai°aughfares.
Travel focecast madeling in Task 5 will identify system needs and seive as a basis for recommendation of
roadway sizing. Incorparated into this tfiought process wil( be considerations for road or lane diets, as
appropriate.
A. Functional Street Classifieations: T11is task wi(1 'ulclude i°esearch of national best practgces
and industry standards and make recommendatians for new fiulctianal street classifications ta
be consrde►-ed as part of tlle �lan update.
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C. Design Criteria Ma'aual Revisio'�: Explai°e how ttle new functional sti°eet classifcations and
ci°oss secttons will be incorporated inta t[te Design Criteria Manual. A list af necessary
May 13, 2014
Page 3 af 6
EXHIBIT 3
� _ � , , , ,
revisions to the Design G�iteria Manual will be produced and a process will be created to
iinplement the changes.
D. Aligr�ta�ent Consideratio�7s: CONSULTANT will analyze alignment alternatives at a
conceptuaf level foc the Mobility Roadway Plan. The CONSULTANT wil( use available
contottcs, parcel data/right-of-way information, utilities, flood plain and gas well locations ta
aid in the recommendation of alignment. The CONSULTANT will cely upon the accuracy of
th� data collected during Task 2. This task anticipates looking at up to ten (10) roadway
alignments (new and existing}. No roadway design or survey services wece assumed to be
included as part of this project.
E. Intersection Inaprovern.ents: CON5ULTANT will identify intersection improvement to aid in
the overall mobility of the City. These improvements may include but are not limited to
signals, turn lanes, roundabouts, etc.
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B. Staff Training
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The fol(awing are considered additional services. Compensation for additional services will be agreed to
priar to their performance.
• Preparation for and attendance for meetings not identiiied in scope;
• Roadway and intersect�on design services;
• Modification of traffic analysis zones after approval and madeling work begins;
• Traffic Counts beyond the eighty (80) lacatians identified in Contract 5436 — Roadway Tmpact Fee
and Rough Proportionality Developmettt; and
Trans CAD software and 1'rcense.
May 13, 2d14
Page 4 of 6
EXHIBIT 3
Amendment 1 to Contract 5436
• .
,__ .. ._ .... _.___ _ _ .
� �I.— w_. a.. adA� _ m x_� !
TASK D�SCRIPTION Prajrec Sentor Engr F,nginccr Analyst ��`+� � Clcrlcal Subtutul Task Cose
64s¢nager (QC) Adm1n
Haurs
. _ .:_.. _
!'�`7i5EL I F�LlF/I!C IIlVqIV'�1➢1CI6L' Sanci \7cciin{�s� ��) �
A. Stui'f Technicnl Ccanuniflec Meetin6s (G} l�i 12 1!i 1 2 S I $ Ci,865.QU �
(3. Pubiic M�etin�,s (3) li3 Ci 20 2 46 5 5,950.00
r $ • �
_ _ -- _ - . -- — . _.. _ .
36 18 � 0 '�$ t 4 97 $ L� 815.60
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Task 2 D�ta Cullectiun 5
� 4 l Ci I 1 1:1 R 1�4'70.0(1
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4 U� I f� � 8 1 1 i .y; i�7q Q6
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��..__�� � �,� ,- _.,,,a� ���,��w,.
Task 3: Cxisting Conditions Analysis
� I S 4 I8 f 2 40 .� S,(i l5.(�0 �
'�— ,.,........ ._._.. . _.__ _ _.... _ _ ...,... — —< _._ ...—,
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IS 4 ' Q 13 i 2 40 �$_ S,Q1.S.Op
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.-f :ask 4: 6icvelo� :�nd iatibrate Existing ("€2asc 1'ear") A�Codcl � C}
A. TS .7, l�evelo�ment 3 9 27 1 2 42 � S,Q35 �0
t3. bevelop Existing Demographics ( l� l0 4(l 2 66 � $,150 Q0
C.. f7es�elvp cAisti't�; Ru�clwa'y Net�vurk � 9 IO 40 a� 6l � 7,460.U0
D. C.t1i6r:ete Eaistiia�; Model Ko `��
2 l22 ,� 18,3QU.U0
i
._. .....,_ ....,,_..........._ , ... ... . ..._.._—. ..__.............— , ..., _ I—__. � ...,. ,.,...�...._-.
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`i tya1, 5. Dcrclop 2040 Build Out Mndcl «
rt1. Devclop 2G4Q (F3uild C7ut} D�mograplrics l4 10 40 1 � [i7 � 25,2?S,UO
t�, Dcvclop 204Q (Huild Out} Road�vny N�twork 9 IU �0 2 � LOl � t I,C00.00 '`
`�` Travel Forccnst Mc�dc(iu g 60 120 lli9 �; 24,450.06
1 �
_...... , - �'...... _
�- 3� H{� U 246 1 4 3 r7 5; 44 275.U6
,���..,,.w.� _�__,�-..,.���b �s �� ��-���. _ __ . ._.� n.���..� ..� �_� .�.�.._ .,,� m��e.,�lld ���-r_� "� ,� � .,,,._--�,
I I
i
�Ta�sk te: Plan Uevefopeieent
IA. Functional Sirectt.'lzessiictttious 13 5 4() 1 2 (1 � 7,((}q,p(1
t3. C?efine "(�YPe of Slrce[s 13 2C} I6 KO 2 l31 w I5�790.(}t)
� C. t7esrgn Critecia M7nuni k4cd•isions 13 5 40 2 6U ti 7,5?S.f9t1 i
D. Alibrirneitt Considerntians 8 5 40 �. 55 '� C,775.40
F,. Cneerseetion [mProvesnc:nts 27 5 40 � 74 S 9,G25.b0 '
f
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"F ��Kk 7: MoUilily Roa[hvay Plxn Docmn4n( rnd Slaff'fruining I �
� R_ Mc7bility Roudway [�lan Documcnt � 14 5 30 y9 ;� 11375.()Q
R3, StraF'fTruining 1Q 20 3Q `n 1,85QA(1 i
(� � -
, I
. __ _ ___ _— _...
._ ,T lOQ U_ 0 I�� � I5.225.00 1
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C]randTotalElours>�� 201 ���� 2f6 �� L77 __"�� 629 �mw<i _��2� 1i08 � it�s�+F3F.�JiS=
May 13, 2014
Page 5 of 6
EXHIBIT 3
Amendment 1 to Contract 5436
IN WITNESS W�IEREOF, the parties of these presents have executed this agreement in the year
and day first above written.
Kimley-Horn and Associates, Inc.
�'�y.
� .�. �
AUTHORIZED SIGNATURE
�
. � � �;, ,;� ;, ,t � � � :
TITLE: �C�. ��������
_ __
��?��� � _
.�__ _
PHONE NUMBER
,, � �, „
, �: � ,
�5��'f� I^''`I':
,
�l �
B� � , �
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
I.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
;
GEORGE C. CAMPBELL
CITY MANAGER
May 13, 2014
Page 6 of 6
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
Materials Management
Bryan Langley ���
Questions concerning this
acquisition may be directed
to Dean Hartley at 349-8243
Consider adoption of an ordinance accepting competitive proposals and awarding a public works
contract for the construction of the Denton Municipal Electric Building Renovations; providing
for the expenditure of funds therefor; and providing an effective date (RFP 5506-awarded to
Lemco Construction Services, LP in the amount of $150,000). The Public Utilities Board will
consider this item on May 5, 2014.
RFP INFORMATION
This project is for renovation construction to the Denton Municipal Electric (DME) Administration
Building located at 1659 Spencer Road. The renovation consists of reconfiguring the conference
room and front lobby as well as office areas and corridors. In response to the City's growing
infrastructure demands and the expanding workforce required to support it, DME requires this
renovation to accommodate its additional personnel needs. DME has determined that the
existing building can be reconfigured to house additional employees, thereby delaying the need
to construct additional permanent structures at this time. Based upon the proposed architectural
renovation plan, DME staff estimates that an additional nine to eleven employees can be housed
in the existing building.
On March 28, 2014, Requests for Proposals (RFPs) were sent to 1138 prospective suppliers. In
addition, specifications were placed on the Materials Management website for prospective
suppliers to download and advertised in the local newspaper. Five (5) proposals were received,
evaluated and ranked based upon the published criteria shown on Exhibit l. The proposer's
original pricing is shown on Exhibit 2. The committee evaluating the RFPs included staff
members from the following areas: DME Administration, DME Engineering, DME Distribution
and Facilities Management. The evaluation committee ranked Lemco Construction services, LP
as the highest evaluated score, resulting in the best value for the City.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On May 5, the Public Utilities Board will consider approving this item to forward to the City
Council for consideration.
Agenda Information Sheet
May 6, 2014
Page 2
RECOMMENDATION
Award a public works contract for the construction of the Denton Municipal Electric Building
Renovations to Lemco Construction Services, LP in the amount of $150,000.
PRINCIPAL PLACE OF BUSINESS
Lemco Construction Services, LP
Addison, TX
ESTIMATED SCHEDULE OF PROJECT
This project is estimated to be completed within sixty (60) days of Notice to Proceed.
FISCAL INFORMATION
The renovation will be funded from Capital Improvement Project account
603394497.13603900. Requisition #118715 has entered in the Purchasing Software system.
EXHIBITS
Exhibit 1: Evaluation/Ranking sheet
Exhibit 2: Pricing Tabulation
Exhibit 3: Ordinance
Respectfully submitted:
C. �.� � � � � �-�-w�.�,
Chuck Springer, 349-8260
Director of Finance
EXHIBIT 1
RFP 5506 - Evaluation DME Administration Building
Apri114. 2014
Initial Ranking/Score
Lemco Construction Services - Addison, T 60.00 iSt
Schmoldt Construction - Celina, TX �J4.04 Z11Ci
McLenco General Contractors - Waco, TX 4%.�J9 3rC�
The Apur Group - Addison, TX 46.43 4th
Tillage Construction LLC - Dallas, TX 44.gS �Jth
Any finalist(s) wili be sent letters of ciarification and to finalize
any exceptions and finai construction compietion dates. The top ranked firm wili be
asked to negotiate the finai pricing as aliowed within Texas Government Code 2267.
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Exhibit 3
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE DENTON MUNICIl'AL ELECTRIC
BUII,DING RENOVATIONS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (RFP 5506-AWARDED TO LEMCO
CONSTRUCTION SERVICES, LP IN THE AMOLJNT OF $150,000).
WHEREAS, the City has solicited, received and tabulated competitive proposals for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described proposal is the highest scored proposal for the construction of the public works
or improvements described in the Request for Proposal (RFP) document and plans and specifications
therein; NOW, THEREFORE,
THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive proposal for the construction of public works or
improvements, as described in the "Request for Proposals" or plans and specifications on file in the
Office of the City's Purchasing Agent filed according to the RFP number assigned hereto, are hereby
accepted and approved:
RFP
NUMBER CONTRACTOR AMOUNT
5506 Lemco Construction Services, LP $150,000
SECTION 2. The acceptance and approval of the above competitive proposals shall not
constitute a contract between the City and the person submitting the proposal for construction of
such public works or improvements herein accepted and approved, until such person shall comply
with all requirements specified in the Notice to Proposers including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the proposals accepted and approved herein, provided that such contracts are made in
accordance with the Notice to Proposers and Request for 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 permitted to be performed by the City of Denton
under RFP 5506 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. Upon acceptance and approval of the above competitive proposals and the
execution of contracts for the public works 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 proposals 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 , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
-._ ._ ,
���-� .�
���
��'
BY:
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014 Questions concerning this
acquisition may be directed
Materials Management to Emerson Vorel at 349-7460
Bryan Langley ���
Consider adoption of an ordinance accepting competitive proposals and awarding a public works
contract for the construction of the North Lakes Driving Range; providing for the expenditure of
funds therefor; and providing an effective date (RFP 5428-awarded to Synthetic Grass Pros in
the amount of $184,374).
RFP INFORMATION
This project is for the re-construction of the City of Denton Golf Driving Range which is located
at 2008 West Windsor Drive. The Parks Department recently remodeled the Pro Shop inside and
out and built sidewalks and target greens. This construction is for the installation of artificial turf
on a 2467 square foot tee box, a 10,375 square foot putting green and a 5,075 square foot
chipping green. This will provide a quality, updated golf facility for the citizens of Denton. The
revenue from the driving range is projected to cover the operating expenses incurred for the
facility.
Requests for Proposals (RFPS) were sent to 1134 prospective suppliers. In addition,
specifications were placed on the Materials Management website for prospective suppliers to
download and advertised in the local newspaper. Two (2) proposals were received, evaluated and
ranked based upon the published criteria shown on Exhibit l. The proposer's original pricing is
shown on Exhibit 2. Synthetic Grass Pros received the highest evaluated score and a Best and
Final Offer (BAFO) was conducted which resulted in a savings of $11,463. Synthetic Grass Pros
is therefore considered the best value for the City of Denton.
RECOMMENDATION
Award a public works contract for the construction of the North Lakes Driving Range to
Synthetic Grass Pros in the amount of $184,374.
PRINCIPAL PLACE OF BUSINESS
Synthetic Grass Pros
Dallas, TX
Agenda Information Sheet
May 6, 2014
Page 2
ESTIMATED SCHEDULE OF PROJECT
The golf range construction is estimated to be completed within seven (7) working days from
Notice to Proceed,
FISCAL INFORMATION
This project will be funded from job account 400128444.1360.40100 in the amount of $184,000
and Parks Gas Well account 400128456.1360.40100 in the amount of $374.00. Requisition
#118803 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Evaluation/Ranking sheet
Exhibit 2: Pricing Tabulation
Exhibit 3: Best and Final Offer Pricing Sheet
Exhibit 4: Ordinance
Respectfully submitted:
C. �.� � � � � �-�-�,�.�,
Chuck Springer, 349-8260
Director of Finance
Exhibit 1
RFP 5428 - Evaluation Golf Driving Range
Apri122. 2014
Initial Ranking/Score
Synthetic Grass Pros - Dallas, TX 93.�J0 iSt
Links Construction, LLC - Denton, TX 4%.30 Z11C�
Any finalist(s) wili be sent letters of ciarification and to finalize
any exceptions and finai construction compietion dates. The top ranked firm wili be
asked to negotiate the finai pricing as aliowed within Texas Government Code 2267.
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Exhibit 2 -Initial Pricing
RFP 5428 - North Lakes Driving Range Construction - Pricing Sheet
The respondent shall complete the fol/owing section, which directly corresponds to the specifications. The contractor shall not make changes to this format.
1 RespondenYs Name: SYNTHETIC GRASS PROS Links Construction, LLC
Respondent is a Corporation, Partnership, sole Proprietorship, Individual?
2 LLP Partnership
Total working days (Monday - Friday/Saturday) after Notice to Proceed is issued by
3 City for substantial completion: 18 DAYS
Construction of the driving range shall be scheduled to be completed on or before
August 31, 2014. If this date cannot be met, please insert the date that your firm can
complete the construction.
3a
Total working days (Monday - Friday/Saturday) after Notice to Proceed is issued by
q City for project start:
Proposal Pricing:
5 Base Bid amount to construct project per specifications:
Detailed Pricing:
Item
# QTY UOM Product Description
6 1 LS Mobilization & Demobilization for Project
7 1 LS Temporary Facilities and Controls for Project
8 1 LS Testing Laboratory Services
9 1 LS Bonds (Labor and Materials & Performance)
10 1 LS Techinical Specs 100 - Staking for the Project
11 1 LS Technical Specs 200 - Clearing Grubbing and Brushing
12 1 LS Technical Specs 300 - Rough Grading
13 1 LS Technical Specs 400 - Finish Grading
14 1 LS Technical Specifications 500 - Drainage
15 1 LS Technical Specifications 1000 - Fine Grading, Fertilizing, and Grassing
�g 1 LS Technical Specifications 1100 - Sodding
25 1 LS All other Construction Items not noted above
Term Discounts
Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount
Payment Terms
Invoice Paid in 20 days
Invoice Paid in 15 days
Invoice Paid in 10 davs
7 DAYS
$ 195,837.00 $ 450,427.67
Total Total
$ 195,837.00
195,837.00
2.00%
2.50%
450,427.67
Exhibit 3- Best and Final Offer - Negotiation
RFP 5428 - North Lakes Driving Range Construction - Pricing Sheet
The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make
changes to this format.
lnitia/ Pricing BAFO Pricing
SYNTHETIC GRASS
SYNTHETIC GRASS PROS BAFO
1 Respondent's Name: PROS (4/24/14)
Respondent is a Corporation, Partnership, sole Proprietorship,
2 Individual? LLP LLP
Total working days (Monday - Friday/Saturday) after Notice to Proceed is
3 issued by City for substantial completion: 18 DAYS 18 DAYS
Construction of the driving range shall be scheduled to be completed on
or before August 31, 2014. If this date cannot be met, please insert the
date that your firm can complete the construction.
3a AUGUST 31. 2014, AUGUST 31. 2014,
Total working days (Monday - Friday/Saturday) after Notice to Proceed is
4 issued by City for project start: 7 DAYS 7 DAYS
Proposal Pricing:
5 Base Bid amount to construct project per specifications: $ 195,837.00 $ 184,374.00
Detailed Pricing:
Item # QTY UOM Product Description Total Total
6 1 LS Mobilization & Demobilization for Project $ 195,837.00 $ 184,374.00
7 1 LS Temporary Facilities and Controls for Project
8 1 LS Testing Laboratory Services
9 1 LS Bonds (Labor and Materials & Performance)
10 1 LS Techinical Specs 100 - Staking for the Project
11 1 LS Technical Specs 200 - Clearing Grubbing and Brushing
12 1 LS Technical Specs 300 - Rough Grading
13 1 LS Technical Specs 400 - Finish Grading
14 1 LS Technical Specifications 500 - Drainage
15 1 LS Technical Specifications 1000 - Fine Grading, Fertilizing, and
Grassing
16 1 LS Technical Specifications 1100 - Sodding
25 1 LS All other Construction Items not noted above
$ 195,837.00 $ 184,374.00
Term Discounts
Payment terms for the City of Denton are typically 30 days. Please indicate the
BAFO Negotiation resulted in a savings of $11,463.00
Exhibit 4
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE NORTH LAKES DRIVING
RANGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE (RFP 5428-AWARDED TO SYNTHETIC GRASS PROS IN THE
AMOLTNT OF $184,374).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
prepaid utilities services solution 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 COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. 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.
: '
NUMBER CONTRACTOR AMOUNT
5428 Synthetic Grass Pros $184,374
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.
Exhibit 4
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 the RFP 5428 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 , 2014
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
h
�_ ��� � .
BY:
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
Materials Management
Bryan Langley ���,
Questions concerning this
acquisition may be directed
to P.S. Arora at 349-7189
Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the construction of Hickory Street road improvements from Locust Street to Railroad
Avenue; providing for the expenditure of funds therefor; and providing an effective date (Bid
5522-awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company in
the amount of $2,747,026.70).
RFP INFORMATION
The Hickory Street Roadway Improvements project includes the stretch of Hickory Street from
the Downtown A-Train Station to Locust Street. The roadway improvements are part of the
Hickory Grand Street project which includes: new pavement construction, widening of
sidewalks, improved walk ability, bringing the sidewalks up to Americans with Disabilities
(ADA) standards, ornate streetscape and landscape (which will include rain gardens, 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.
Invitations for Bid were sent to 1835 prospective bidders. In addition, specifications were placed
on the Materials Management website. Due to the urgency of City's timeline for implementing
these improvements, the bid was advertised for the shortest time legally allowed. One (1) bid
was received with the pricing as shown on the bid tabulation sheet (Exhibit 1). Jagoe-Public
Company, a local vendor, is the lowest responsible bidder meeting specifications for this project.
The engineer's opinion of probable construction cost (OPCC) for the work was $2,792,290. The
bid submitted by Jagoe in the amount of $2,747,026.70 is $45,263 less than the OPCC. The
$2,747,026.70 amount also includes a 10% contingency for potential change orders.
RECOMMENDATION
Award a public works contract for the construction of Hickory Street road improvements from
Locust Street to Railroad Avenue to Jagoe-Public Company in the amount of $2,747,026.70.
PRINCIPAL PLACE OF BUSINESS
Jagoe-Public Company
Denton, TX
Agenda Information Sheet
May 6, 2014
Page 2
ESTIMATED SCHEDULE OF PROJECT
This project is estimated to be completed within 210 calendar days of issuance of Notice to
Proceed.
FISCAL INFORMATION
The improvements will be funded from Bond fund accounts:
350308467.1360.40100 $2,158,918.70
350308444.1360.40100 $ 580,608.00
350308402.1360.40100 $ 7,500.00
Requisition#118824 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Pricing Tabulation
Exhibit 2: Ordinance
Respectfully submitted:
C. �.� � � � � �-�-w�.�,
Chuck Springer, 349-8260
Director of Finance
EXHIBIT 1
IFB # 5522
Date 04/24/14
Description - Construction of Hickory Street Improvements at Locust Street to Railroad Avenue
13 800 Unclassified Street Excavation CY $38.00 $ 30,400.00
14 12,585 Removing existing asphalt paving SY $5.25 $ 66,070.15
15 2,408 Removing of existing curb and gutter pavement LF $7.50 $ 18,060.08
16 2,754 Removing of existing concrete sidewalk SY $9.50 $ 26,163.86
17 2,590 Removing of existing concrete curbs - Parking Lot LF $5.25 $ 13,599.08
18 6,722 8" Cement Stabilized Sub-grade SY $6.75 $ 45,373.50
19 101 N-301.3 Portland Cement (30 Ibs/sy) TN $185.00 $ 18,685.00
20 573 6" Concrete Driveway SY $68.00 $ 38,964.00
21 32 Barrier free ramps EA $1,200.00 $ 38,400.00
22 3 Raised accessible ramps, landings and railings EA $2,200.00 $ 6,600.00
23 4,256 Concrete curb and gutter LF $25.00 $ 106,400.00
24 1,746 Concrete curb monolithic LF $4.00 $ 6,984.00
25 14 Concrete forebays EA $1,650.00 $ 23,100.00
26 2,638 Flexbase for parking stalls SY $20.00 $ 52,760.00
27 2,214 3 1/8" Permeable Pavers for parking stalls SY $58.00 $ 128,412.00
28 10 4" Type B HMAC for transitions TN $115.00 $ 1,150.00
29 730 Remove and replace concrete in parking lot SY $115.00 $ 83,950.00
30 290 Prefabricated Crosswalk SF $26.00 $ 7,540.00
31 5,845 Striping - Linear LF $1.35 $ 7,890.75
32 23 Striping - Symbols (Sharrow, ADA, RR) EA $325.00 $ 7,475.00
EXHIBIT 1
33 4,575 Striping - Parking Lot LF $0.18 $ 823.50
34 301 Striping - Oversized (stop bars, crosswalks) LF $6.50 $ 1,956.50
35 96 Wheel stops EA $44.00 $ 4,224.00
36 1 Street signs LS $15,000.00 $ 15,000.00
37 6,743 9" Reinforced concrete pavement SY $46.00 $ 310,178.00
Sub- Total $ 1,060,159.40
38 1,157 6" Perforated PVC Pipe LF $111.00 $ 128,427.00
39 965 6" PVC Pipe LF $14.00 $ 13,510.00
40 99 18" RCP pipe LF $72.00 $ 7,153.92
41 421 24" RCP Pipe LF $68.00 $ 28,594.00
42 213 30" RCP Pipe LF $89.00 $ 18,922.29
43 90 36" RCP Pipe LF $128.00 $ 1 1,577.60
44 360 42" RCP Pipe LF $155.00 $ 55,756.60
45 465 54" RCP Pipe LF $195.00 $ 90,719.85
46 2 RCP WYE connection EA $1,450.00 $ 2,900.00
47 2 4'x4' Junction Box EA $2,550.00 $ 5,100.00
48 3 5'x5' Junction Box EA $4,200.00 $ 12,600.00
49 2 6'x6' Junction Box EA $7,500.00 $ 15,000.00
50 8 Roof Drain Inlet Box EA $1,025.00 $ 8,200.00
51 7 10' Inlets EA $3,900.00 $ 27,300.00
52 1 5' Inlets EA $3,400.00 $ 3,400.00
53 1 10' Modified Inlet EA $6,500.00 $ 6,500.00
54 1 Wye Inlet EA $3,600.00 $ 3,600.00
55 1,648 Trench safety LF $2.50 $ 4,119.68
Sub- Total $ 443,380.94
19,062 SF $ 128,668.50
59 5-inch Reinforced Concrete Walk - Medium Broom Finish $6.75
6,023 4-inch Reinforced Concrete Sub-Slab under Pedestrian SF $ 48,184.00
60 Pavers $8.00
61 443 18-inch Concrete Band at Back of Curb SF $52.00 $ 23,036.00
62 432 6-inch Conc. Paver Retainer Band SF $17.50 $ 7,560.00
1,649 12-inch min. Reinforced Concrete Band at Building Faces - SF $ 22,261.50
63 Medium Broom Finish $13.50
391 6-inch Reinforced Concrete Walk Paving at Intersections - SF $ 8,211.00
64 Medium Broom Finish $21.00
65 116 Concrete Curb Wall at Ramps and Sloped Walks LF $33.00 $ 3,828.00
EXHIBIT 1
66 56 Cast Iron ADA Detectable Warning Plates EA $118.00 $ 6,608.00
5,733 „ „ „ SF $ 42,997.50
67 Concrete Pavers, 4 x 8 x 2 3/8 , Lugged (Ped. Sidewalk) $7.50
290 SF $ 24 650.00
68 Granite Memorial Paver, 24" x 24" x 2 3/8" (Ped. Sidewalk) $85.00 '
370 Existing Brick Pedestrian Pavers (with Engraved Memorial SF $ 3,330.00
69 Brick Pavers) - Remove, Store, Clean and Reinstall $9.00
70 Deleted Deleted - Intentionally EA $0.00 $ -
71 8 Bench - Dumor 93 Series (Backless) EA $1,800.00 $ 14,400.00
3 Trash/Recycling Solar Compactor (Installation Only, EA $ 1,050.00
72 Provided by City) $350.00
Z Existing Round Precast Planter Pots - Remove, Store, Clean, EA $ 2,600.00
73 and Reinstall $1,300.00
74 33 Standard Hand Rail LF $95.00 $ 3,135.00
75 10 Custom Hand Rail to Match Existing LF $145.00 $ 1,450.00
76 4 13' x 10.5' Dumpster Enclosures EA $13,500.00 $ 54,000.00
77 1 24' x 16' Double-dumpster Enclosure EA $20,000.00 $ 20,000.00
Sub- Total $ 415,969.50
78 321 CU Structural Soil at Street Tree Plantings CY $105.00 $ 33,705.00
79 53 2" Depth Import Top Soil at All Sod Areas CY $32.00 $ 1,696.00
80 160 Bermudagrass Sod SY $3.50 $ 560.00
81 27 ALLEE ELM - B&B, 4" CAL. MIN. EA $415.00 $ 11,205.00
82 12 CHOCTAW CRAPEMYRTLE - B&B, 2" CAL MIN. EA $190.00 $ 2,280.00
83 10 DESERT WILLOW, B&B, 2" CAL. MIN. EA $295.00 $ 2,950.00
84 7 BEAR GRASS - 3 gal., 24"o.c. EA $15.00 $ 105.00
120 BRAKELIGHT' RED YUCCA - 3 gal., 24"o.c. or as shown on EA $ 1,800.00
85 d rawi ngs $15.00
360 BLACK-EYED SUSAN - 1 gal., 18"o.c. or as shown on EA $ 2,934.00
86 drawings $8.15
282 EA $ 2 298.30
87 COREOPSIS - 1 gal., 12-15"o.c. or as shown on drawings $8.15 '
88 109 FALL ASTER - 1 gal., 24"o.c. or as shown on drawings EA $6.50 $ 708.50
510 g „ EA $ 2,805.00
89 GULF MUHLY - 1 al. 24 o.c. or as shown on drawings $5.50
GREGG'S MISTFLOWER - 1 gal., 24"o.c. or as shown on
124 EA $ 998.20
90 drawings $8.05
LINDHEIMER MUHLY GRASS - 1 gal., 33"o.c. or as shown on
121 EA $ 665.50
91 drawings $5.50
Z49 MEALY BLUE SAGE - 1 gal., 18"o.c. or as shown on EA $ 1,369.50
92 drawings $5.50
380 MEXICAN FEATHER GRASS - 1 gal., 18"o.c. or as shown on EA $ 2,090.00
93 drawings $5.50
EXHIBIT 1
MEXICAN BUSH SAGE - 1 gal., 24"o.c. or as shown on
54 EA $ 297.00
94 d rawi ngs $5.50
340 PURPLE CONEFLOWER - 1 gal., 15"o.c. or as shown on EA $ 1,870.00
95 drawings $5.50
53 EA $ 397.50
96 PINK SKULLCAP - 1 gal., 18"o.c. or as shown on drawings $7.50
138 RAIN LILY - 4" pot or 1 gal., 36"o.c. or as shown on EA $ 572.70
97 drawings $4.15
98 70 ROSEMARY - 3 gal., 12"o.c. or as shown on drawings EA $17.25 $ 1,207.50
163 EA $ 896.50
99 SALVIA GREGGI - 1 gal., 24"o.c. or as shown on drawings $5.50
100 15 SNAKEHERB - 1 gal., 24"o.c. or as shown on drawings EA $8.05 $ 120.75
119 EA $ 957.95
101 EL TORO MUHLY - 1 gal., 24"o.c. or as shown on drawings $8.05
COMPACTA TEXAS SAGE - 5 gal., 36"o.c. or as shown on
44 EA $ 759.00
102 d rawi ngs $17.25
103 320 ZEXMANIA - 1 gal., 18"o.c. or as shown on drawings EA $5.50 $ 1,760.00
�Z Organic Compost 3" Depth in Plant Beds and Rain Garden CY $ 3,960.00
104 Beds $55.00
4� Organic Compost 2" Layer as Topdressing in All Plant Beds CY $ 2,585.00
105 and at Trees $55.00
106 72 Expanded Shale 3" Depth in Plant Beds CY $245.00 $ 17,640.00
107 47 Fine Cut Hardwood Mulch in Plant Beds 2" Depth CY $55.00 $ 2,585.00
72 CY $ 3 960.00
108 Rustic Cut Hardwood Mulch in Rain Gardens 3" Depth $55.00 '
109 1,881 Silvermist Decorative Aggregate in Tree Planters SF $7.50 $ 14,107.50
110 7,673 Newsprint Weed Barrier (8 Layers) SF $0.06 $ 460.38
7,673 SF $ 460.38
111 Newsprint Weed Barrier (Shredded Equivalent to 8 Layers) $0.06
112 1 1-year Landscape Maintenance LS $24,000.00 $ 24,000.00
113 1 Irrigation LS $51,000.00 $ 51,000.00
114 1 All other Construction Items not noted above LS $20,000.00 $ 20,000.00
Sub- Total $ 217,767.16
115 Amount shall equal total of all Sub-Total Amounts Project Subtotal $ 2,497,297
116 Contigency for potential change orders Contingency (10%) $ 249,730
117 Total Project Cost Grand Total $ 2,747,027
Exhibit 2
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF HICKORY STREET ROAD IMPROVEMENTS
FROM LOCUST STREET TO RAII,ROAD AVENUE; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 5522-AWARDED TO
THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, JAGOE-PUBLIC
COMPANY IN THE AMOUNT OF $2,747,026.70).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
5522 Jagoe-Public Company $2,747,026.70
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 construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
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 File 5522 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 works 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 , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
Materials Management
Bryan Langley ���
Questions concerning this
acquisition may be directed
to Frank Payne at 349-8946
Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the Mayhill Road Improvements Structure Demolition project; providing for the
expenditure of funds therefor; and providing an effective date (Bid 5467-awarded to the lowest
responsible bidder meeting specification, Midwest Wrecking Co. of Texas, Inc. in the amount of
$256,990).
BID INFORMATION
The Mayhill Road Widening and Improvements project is proceeding with design completion
and right-of-way acquisition. Properties are being acquired in part or in full (depending on the
degree of project impact to the property, the nature of the transaction and the amount of
remainder), and some of these properties have structures on them that are in need of removal in
order for roadway construction to proceed.
The Mayhill Road Improvements Structure Demolition Contract consists primarily of asbestos
abatement on a total of fourteen structures (twelve residential and two commercial) and the
demolition and removal of a total of seven structures (five residential and two commercial). The
seven structures that are to be removed as part of this contract are all located north of McKinney
Street. The seven remaining residential structures to be removed are all located south of
McKinney Street and will be demolished by the Solid Waste Department.
Standard City of Denton purchasing procedures were utilized. Bid notices were advertised in the
local paper, posted on the internet, and emailed to 2061 prospective bidders. Bids for the project
were opened on April l, 2014. A total of six (6) responses were received; however, two of the
bids were found to be non-responsive and were therefore not considered. The remaining four
bids ranged from a low bid of $256,990.00 to a high bid of $364,188.00. The engineer's opinion
of probable construction cost for the bid was $480,000.00. A recommendation from the
consulting engineer is included as Exhibit 1. The bid tabulation is included as Exhibit 2.
Agenda Information Sheet
May 6, 2014
Page 2
BID INFORMATION (CONTINUED)
As a side note, the City of Denton Engineering staff has been approached by a representative
with Home and Garden Television (HGTV) about acquiring some of the residential structures
south of McKinney Street for the purposes of rehabilitation and donation to needy families. In
addition to this possibility, staff will inquire about any interest from Habitat for Humanity in
these structures. City of Denton Ordinance 2008-113 stipulates that donation of City property to
a civic or charitable organization or another governmental entity, if allowed by law, must be
approved by the City Council unless the item has a value of less than $500. Final dispensation of
some or all of the structures south of McKinney Street with either of these options rather than by
the Solid Waste Department, will not affect the award or execution of this contract as the actual
demolition is not included in the bid project.
RECOMMENDATION
Approve the award of Bid 5467 to the lowest responsible bidder meeting specification, Midwest
Wrecking Co. of Texas, Inc. in the amount of $256,990.
PRINCIPAL PLACE OF BUSINESS
Midwest Wrecking Co. of Texas, Inc.
Fort Worth, Texas
ESTIMATED SCHEDULE OF PROJECT
The project is estimated to be completed within sixty (60) calendar days of issuance of the
starting date contained in the Notice to Proceed.
FISCAL INFORMATION
This project will be funded from Bond fund account 350283467.1360.40100. Requisition
#118591 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Engineer's Recommendation
Exhibit 2: Bid Tabulation
Exhibit 3: Ordinance
Agenda Information Sheet
May 6, 2014
Page 3
Respectfully submitted:
C.���� ��
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Chuck Springer, 349-8260
Director of Finance
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April 4, 2014
Mr. Frank Payne, P.E.
City Engineer
City of Denton
901-A Texas St.
Denton, TX 76209
F�e: Mayhill Road Structure Demolition Contract — Recommendation of Award (Bid #5467j
Dear Mr. Payne:
Listed below are the construction bid results for the Mayhill Road Structure Demolition Contract. Bid
proposals were received and opened on April 1, 2014.
Summary of Bids:
. �......._.,...,. ..m. � ....��.. ..,.......
Bidder Total Bid
Midwest Wrecking Co. $256,990.00
AF Environmental Solutions $279,291.00
Mann Robinson & Son $352,350.00
Intercon Environmental $364,188.00
The engineer's opinion of probable construction cast was $480,000.
Based on their bid proposal and previous construction experience, Freese and Nichols recommends that
the City of Denton award the contract to Midwest Wrecking Co. as the principal cantractor for this
�r�����,
Sincerely,
Free�e and Nichols, Inc.
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Spencer B. Maxwell, P.E.
Project Manager
Attachment: Bid Tabulation
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Exhibit 3
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE MAYHII,L ROAD IMPROVEMENTS STRUCTURE DEMOLITION
PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 5467-AWARDED TO THE LOWEST RESPONSIBLE
BIDDER MEETING SPECIFICATION, MIDWEST WRECKING CO.OF TEXAS, INC. IN THE
AMOLTNT OF $256,990).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
5467 Midwest Wrecking Co. of Texas, Inc. $256,990
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 construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
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 File 5467 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 works 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 , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY:
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014 Questions concerning this
acquisition may be directed
DEPARTMENT: Human Resources to Carla Romine-Haggmark at 349-8344
ACM: Bryan Langley ��,�
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving a three (3) year contract for the City of Denton Human Resources Department to
utilize an on-line pre-employment background check service, 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 5383 awarded to IntelliCorp Records, Inc. in the annual estimated amount of $22,000
for a three (3) year not-to-exceed amount of $66,000).
EILE INFORMATION
Pre-employment criminal background checks are one of several pre employment checks listed in
Human Resource Employment Process Policy 102.01. The City has historically relied on
criminal history screenings completed through two services: Texas Department of Public Safety
(TXDPS) for candidates that have lived only in Texas and First Advantage for candidates that
have lived outside of Texas within the previous seven years. The TXDPS provides records on
arrests, prosecutions and the disposition of the case for persons arrested for Class B
misdemeanors or greater, violations of Texas criminal statutes. The statute identifies many of the
actual data elements. In addition, although not required by statute, the DPS Computerized
Criminal History System (CCH) has traditionally included limited supervision data reported
to DPS by the Texas Department of Criminal Justice. The Conviction Database is public record
information extracted from the CCH. The information contained in CCH is only public if a
conviction or deferred adjudication has been reported to the Department on an offense. An
analysis of the TXDPS records by the Criminal Justice Policy Council in May 2002 showed that
their accuracy relied on state counties that reported criminal activity for inclusion in the
database. As many as 40% of smaller counties did not report information. The use of a criminal
background check service such as IntelliCorp Records, Inc. will increase the accuracy of the
report up to 100%.
IntelliCorp Records, Inc. provides all background check services needed including criminal
background, moving violations, complete address history, social security number verification,
nationwide sex offender registry, unlimited county level searches, and OFAC (terrorist database)
searches (Exhibit 1-Quote). Staff has determined that they are the only company that provides all
of the needed services (Exhibit 2-Memo). Section 252.022 of the Local Government Code
provides that procurement of items that are only available from one source, do not have to be
competitively bid.
Agenda Information Sheet
May 6, 2014
Page 2
RECOMMENDATION
Award a contract for pre-employment background check services to IntelliCorp Records, Inc. in
the annual estimated amount of $22,000 for a three (3) year not-to-exceed amount of $66,000.
PRINCIPAL PLACE OF BUSINESS
IntelliCorp Records, Inc.
Beachwood, OH
ESTIMATED SCHEDULE OF PROJECT
This contract will be in effect through April 14, 2015, with the option for two (2) one-year
renewals through April 14, 2017.
FISCAL INFORMATION
These services are funded by individual department operating accounts with the costs allocated
based on the department's need to have the background checks performed.
EXHIBITS
Exhibit l: IntelliCorp Records, Inc. Quote
Exhibit 2: Sole Source Memo
Exhibit 3: Ordinance
Exhibit 4: Agreement
Respectfully submitted:
C. �.� � � � � �-�-w�.�,
Chuck Springer, 349-8260
Director of Finance
Exhibit 1
IntelliCorp Overview
Anthony Kapp
City of Denton
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Sales Rep Name
3000 Auburn Drive, Suite 410
Beachwood, Ohio 44122
Exhibit 1
P: 800-539-3717
P: XXX-XXX-XXXX Direct
F: XXX-XXX-XXXX
e-mail address
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IntelliCorp has been providing background screening services and solutions since 1996. We were
acquired by Insurance Services Offices (ISO) in 2002, and are now a member of the Verisk Analytics
Family of Companies. Through the renowned ISO brand, Verisk delivers data, analytics and decision
support services to help customers evaluate and manage risk, and serves professionals in many fields
such as insurance, health services, and human resources.
IntelliCorp has successfully proved compliance with the Background Screening
Agency Accreditation Program (BSAAP) and is formally recognized as BSCC
Accredited. We were one of the initial screening providers to received accreditation
from the National Association of Professional Background Screeners (NAPBS).
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To qualify, HRO Today asks buyer clients to complete an online survey regarding experience with their
current screening provider that includes breadth of service offerings, size of deal and quality of service. HRO
Today then compiles the results, ranks the information and recognizes the leading vendors in the
employment screening industry.
Regardless of the products or services you need, we continuously take steps to tailor our solution offerings
to meet your unique requirements. You benefit with streamlined processes, cost savings, and paramount
privacy and security when it comes to protecting sensitive information. You can trust that our stringent
quality assurance and control processes help ensure the information provided to you is of the highest
caliber. By implementing industry best practices and stringent risk management operations we provide you
with the due diligence tools needed to help keep your organization safe.
Fair Credit Reporting Act (FCRA)
Our privacy and data security standards follow legislative and regulatory requirements for consumer
reporting agencies. We comply with state and federal guidelines and the FCRA, and maintain a process
whereby individual consumers may access and question their information in accordance with legal
requirements. To ensure our adoption and adherence to the state and federal laws that govern our
industry including the FCRA, we have built an operational framework that includes written policies,
documented procedures and ongoing internal and external educational practices. This infrastructure of
guiding principles penetrates all aspects of our business practices.
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We have strict policies and procedures in place to protect all personal information. As part of our
privacy and security paradigm, we restrict access to legitimate businesses and nonprofit organizations
that have appropriate business needs for use of our services. We credential and qualify all potential
subscribers before allowing them to enroll and access data. No information can be retrieved without
logging into the system. All data is keyed to specific users and available only though defined reporting
tools. IntelliCorp never shares or repurposes information submitted by customers. To view our privacy
and security policy click here.
Technology
Our proprietary platform "IntelliSearch" provides an automated result set based upon your background
screening criteria. Technology includes a variety of features such as matching logic to find all potential
records related to your query. Every time you submit a search, the system evaluates all matches by
scoring each for accuracy against the initial inquiry. It also uses geographic coverage, address history,
Social Security numbers, and dates of birth to refine the search. The system then returns a list of names
with the highest matching scores. We provide several different search submission options. All searches
are processed the same way using our proprietary platform IntelliSearch regardless of submission
method.
Products
We offer a wide array of background check products to assist you with your hiring and recruiting
process. Products can be ordered individually or by bundling multiple products into a package. The
information required to run searches varies by products within the system. All requests are ordered
online individually, in bundled package form or through our batch processing application. An a-la-carte
menu is also available for individual product selections. A sampling of available products includes the
following:
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� Statewide Criminal Searches � Education Verifications � 6-Panel Saliva
� Criminal Search for a Single County � Employment Verifications � 5-Panel Non-DOT Urine
� Federal Criminal Searches � Professional References � 10-Panel Non-DOT Urine
� Sex Offender Registry � Medical License Verifications � 11-Panel Non-DOT Urine
� Inmate Records � DOT Employment Verification � 12-Panel-Healthcare Professional Urine
� Terrorist Search � Professional Licenses � DOT Drug Screen (5-Panel Urine)
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� PEER Credit Reports � Motor Vehicle Reports � MRO (Medical Review Officer)
� Tenant Screening Credit Reports � Civil Records � Random drug testing
� Business Credit Reports � 19 and E-Verify � Employee education
� Medical Fraud & Abuse (FACIS) � Supervisor training
� Practitioner's Databank
� Bankruptcies, Liens & Judgments
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We provide configurable business solutions that make ordering background checks and tracking
applicant data easy:
• Website
• Customer specific portals (Candidate Direct & Volunteer Portal)
• Batching
• XGS (XML Gateway Service)
• ATS, HRIS including custom solutions
Customer Service
Prior to commencing your screening program, our dedicated staff works with you to identify your
specific needs and requirements. Immediately upon registration, a Sales Representative and Client
Service Representative will be assigned to facilitate all activities to ensure a successful launch of your
screening program. The individuals are also responsible for the ongoing daily maintenance of your
account, continued service requirements, issue resolution and are available via a toll-free phone
number, e-mail and live chat.
Training
During the on-boarding process, we provide training for all users on your account. IntelliCorp also offers
ongoing training at specified intervals for new users or refresher courses for existing users as needed.
Training schedules are posted to our learning center and are offered daily. Training sessions include the
following topics:
• Basic user training
• How to read and understand reports
• Fair Credit Reporting Act (FCRA)
• Motor Vehicle Reports
• Credit Reports
We also have an online Learning Center resource for terms and definitions, printable manuals, FAQs,
compliance information and guides for using our website.
Invoicing
Our billing system is flexible to meet the individual needs of each client. Clients with multiple accounts,
locations or departments can be invoiced independently or in a consolidated fashion. Additionally, within
each account clients can also view, download or export an invoice. We send out monthly invoices via e-mail
(to a designated billing e-mail address that is provided during the registration process) within the first 5
business days of the month. Clients can select to pay by check, credit card or sign-up for recurring monthly
payments.
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Pricing
We are pleased to offer the following package pricing. Your account can be configured with all of the
bundled package options which are able to be viewed and pre-selected via a drop-down menu.
Notes:
• There are some miscellaneous fees that can be applied to a background screening report:
— Single County Searches: In some instances, there may be mandatory court costs associated with
completing a single county search (less than 10% of the courts in the United States charge a court
fee). These are treated as pass-through fees along to our clients without alteration.
— Education Verifications: Some colleges and universities hire an independent company to manage
their student records. When trying to verify enrollment or graduation, IntelliCorp must use the
services of these independent companies, which charge a fee (typically ranging from $6 to $20). All
fees are passed through to the client without alteration.
— Employment Verifications: More businesses are choosing to outsource the management of their
employee records to third parties — especially in regards to former employees. When trying to verify
employment history, IntelliCorp must use the services of these independent companies, which
charge a fee (ranging from $10 to $20). All fees are passed through to the client without alteration.
; EXHIBIT 2
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�ity af enian u�n esaurces e�ri eni
601 E. Nickc�ry St. Suite A• Dentc�n, Texas 76205 •(940) 349-8340 • Fax (940) 349-8348
MEMORANDUM
DATE: April 8, 2014
TO: Elton Brock, Purchasing Manager
FROM: John Whitmore, Organizational Development Manager
SUBJECT: Background check contract
The Department of Human Resources (HR) is responsible for conducting background checks on new
employees, promoted employees, and volunteers. The current service is through the Texas Department
of Public Safety (DPS). Since DPS does not receive conviction reports from all Texas counties and from
other states, HR desires to contract with a criminal history background check company that obtains
more complete and accurate records from all Texas counties and other sources in the US. HR requested
pricing and scope of services from four companies that perform background checks. After reviewing all
information provided, only one company (IntelliCorp) could provide all requested checks at the level of
thoroughness desired by the City.
I have attached a copy of the IntelliCorp price schedule. Based on current hiring numbers, the yearly
cost should not exceed $22,000. I have also attached an updated impact statement by department
based on the same hiring and volunteer numbers. The hiring and volunteer numbers are typical. Some
positions are not reviewed for their driving record if they are not expected to drive on City business. It is
difficult to predict turnover of those positions so all positions were priced based on doing the driving
record check. Volunteers used by the City also vary. The number used in the estimate is for the total
number of volunteers used in a year. This number may be much less for volunteers that are
continuously used so we would not need to recheck them.
HR is requesting a one-year contract with an option for two, one year extensions. If the costs are higher
than expected in the first year we can renew the contract once and then develop an RFP for the
following year. If all three years are consistent, then the cost for the contract over that time period is
approximately $66,000 or less.
I have created a table below showing the departmental impact expected for a year based on numbers
reported in FY 2011-2012.
EXHIBIT 2
FY 2011-2012 Hires by Department and Potential Impact
Department Total New Hires Est. Cost per Check Total
c�ty a#torney�s off;�� � ��o ��o
City Manager's Office 2 $30 $60
Electric ut;lit�es 35 ' ; $30 ��,tl5o
Facilities & Fleet Services 6 $30 $180
Finance 15 ; $3Q ; $45{l '
Human Resources 3 $30 $90
Library 9 $3Q $27�1 ;
Parks & Recreation* 539 $30 $16,170
Planning & Developm�nt T1 $3Q $330 '
Police 27 $30 $810
solicl waste 19 ' $30 $57�1
Technology Services 3 $30 $90
Wa#er & Wastewa#er 33 $3Q $99�
TOTA L: 3 28 $ 21, 090
*includes volunteers.
Exhibit 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING A THREE (3) YEAR CONTRACT FOR THE CITY OF
DENTON HUMAN RESOURCES DEPARTMENT TO UTILIZE AN ON-LINE PRE-
EMPLOYMENT BACKGROUND CHECK SERVICE, WHICH IS AVAII,ABLE FROM
ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS
LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE
REQUIIZEMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE
DATE (FILE 5383 AWARDED TO INTELLICORP RECORDS, INC. IN THE ANNUAL
ESTIMATED AMOUNT OF $22,000 FOR A THREE (3) YEAR NOT-TO-EXCEED
AMOLTNT OF $66,000).
WHEREAS, Section 252.022 of the Local Government Code provides that procurement
of items that are only available from one source, including; items that are only available from
one source because of patents, copyrights, secret processes or natural monopolies; films,
manuscripts or books; electricity, gas, water and other utility purchases; captive replacement
parts or components for equipment; and library materials for a public library that are available
only from the persons holding exclusive distribution rights to the materials; and need not be
submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in
the above paragraph; NOW, THEREFORE,
THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The following purchase of materials, equipment or supplies, as described
in the "File" listed hereon, and on file in the office of the Purchasing Agent, are hereby
approved:
FILE
NUMBER VENDOR AMOUNT
5383 IntelliCorp Records, Inc. $66,000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including, items that
are only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases;
captive replacement parts or components for equipment; and library materials for a public library
that are available only from the persons holding exclusive distribution rights to the materials; and
need not be submitted to competitive bids.
�
SECTION 3. The acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department.
SECTION 4. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5383 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�� �<-�� �� �
BY:
EXHIBIT 4
SERVICE AGREEMENT
THIS AGREEMENT (the "Agreement") is entered into on this 15th day of April, 2014
(Effective Date), between City of Denton located at 215 East McKinney, Denton, Texas 76201
("Licensee or Customer"), and Intellicorp Records, Inc. located at 3000 Auburn Dr, Suite 410,
Beachwood, OH 44122 ("IntelliCorp"). (IntelliCorp and Customer may also be referred to as
"Party" and collectively referred to as "Parties")
Use of www.IntelliCorp.net is subject to the following terms and conditions, in addition to the
terms and conditions of any signed agreement in place between IntelliCorp Records, Inc.
("IntelliCorp") and Customer pertaining to use of www.IntelliCorp.net. To the extent any term
and/or condition of these On-Line Service agreement conflicts with any sigrced agreement
pertaining to the Services accessed through www.IntelliCorp.net the provisions of that signed
agreement shall control.
The following terms and conditions govern the use of the Intellicorp's services, including the
online services available at www.IntelliCorp.net and the materials, information, products or
records available therein (collectively the "Services"). Other provisions that govern the use of
the Services are set forth in the applicable price schedule, the speciiic Services, online
descriptions, online notices, the User Manual and such other notification that may be available
(collectively 'Additional Terms'), all of which are incorporated by reference into these General
Terms and Conditions. These General Terms and Conditions, including the pricing, charges,
Services and payment terms may be changed from time to time by IntelliCorp or its third party
suppliers.
Customer understands and acknowledges that all or any portion of Services marked as "Non-
FCRA," "Not For FCRA Use," or similar language is not a"consumer report" as that term is
defined in the Fair Credit Reporting Act ("FCRA") and may not be used for any permissible
purpose under the FCR.A. Such reports may contain information on a person who is not the
subject of the inquiry and may contain information that is out of date. Customer commits that it
will not use Services so marked for employment screening, tenant screening, credit screening,
insurance underwriting or any other FCR.A purpose without first updating and verifying any
adverse information at the data source.
1. Services. Customer hereby requests the Services and warrants that this request is made
by its authorized representative. Customer hereby authorizes IntelliCorp to perform
searches on Customer's behalf or upon Customer request to monitor sessions and
activities in the Services. Services and features may be added to, withdrawn from,
changed or restricted from the Services by IntelliCorp without notice. Continued use of
the Services by Customer following any change constitutes acceptance of the change.
2. License and Scope of Use. Customer is granted a nonexclusive, nontransferable, limited
license to access and use for internal purposes the Services. This license extends to use
and access to all of Customer's ofiices, locations and branches provided each agrees to be
bound by the terms and conditions contained herein.
3
EXHIBIT 4
Customer is prohibited from selling, transferring, publishing, distributing, or sublicensing
the Services or any information retrieved from the Services. Customer may not directly or
indirectly compile, store, or maintain any information retrieved from the Services to
develop its own source or database.
Term and Termination.
The initial contract period is for one year beginning April 15, 2014 (or date of award)
through April 14, 2015. At the expiration of the initial contract period, this contract may
be renewed annually, as detailed below, for up to two (2) one-year renewal options.
The Contract shall commence upon the issuance of a Notice of Award or Purchase Order
issuance by the City of Denton and shall automatically renew each year, from the date of
the award, unless either party notifies the other prior to the scheduled renewal date in
accordance with the provision of Article 3, titled Term and Termination. At the option of
the City of Denton and the consent of IntelliCorp, the Contract may be further extended
as needed, not to exceed a total of six (6) months. Time is of the essence in this
Agreement.
April 15, 2014 — April 14, 2015
April 15, 2015 — April 14, 2016
April 15, 2016 — April 14, 2017
Initial Contract Term
1 St Year Renewal Option
2"a Year Renewal Option
Either party may terminate this Agreement if the other party materially violates any term
or condition of this Agreement and fails to cure said violation within thirty (30) days
following receipt of notice thereof from the other party or if the other party (i) terminates
or suspends its business; (ii) becomes subject to any bankruptcy or insolvency proceeding
under federal or state law; or (iii) becomes insolvent or becomes subject to direct control
by a trustee, receiver or similar authority. IntelliCorp may terminate this agreement if
Customer defaults in the payment of any fee(s) due hereunder or without prior
notification, terminate Customer's access to the Services if IntelliCorp is no longer
authorized by a third party provider (s) to deliver the Services, or if directed by a third
party provider. Customer may terminate its access to the Services with prior written
notice to IntelliCorp if any change in services is unacceptable. IntelliCorp or its suppliers
may suspend, disrupt, terminate or discontinue providing the Services to Customer with
or without notice.
The City shall have the right to terminate the Contract, in whole or in part, without cause
any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of
termination, the Contractor shall promptly cease all further work pursuant to the Contract,
with such exceptions, if any, specified in the notice of termination. The City shall pay the
Contractor for all services performed and obligations incurred prior to the date of
termination in accordance with the terms hereof, to the extent of funds appropriated or
otherwise legally available for such process.
EXHIBIT 4
4. Access To Services.
a. Customer will be provided a unique personal Identification Number ('ID') from
IntelliCorp to access and use the Services which must be kept confidential. The
Customer's key contact will provide each of the Customer's employees with an ID for
accessing the Service. Customer and its employees shall only access the Services
through use of the assigned sign-on IDs. Each ID will be for the personal use of a
single employee only. Customer shall not distribute or divulge a valid sign-on ID
and/or password to anyone except to its employees. Customer is responsible for all
charges as they relate to the use and activity charged to its sign-on IDs. IntelliCorp
retains the right to change any sign-on ID and/or password at its discretion and notify
Customer sufficiently in advance so as not to interfere with Customer's authorized
continuous use of the Service(s). Access to Services must be discontinued
simultaneously for any employee, with the end of that employee's employment with
Customer. Customer shall be liable, and indemnify IntelliCorp, for all fees and all loss
or damage caused by or resulting from the continued use of Customer's sign-on ID(s)
by terminated employees. Customer agrees to immediately notify IntelliCorp if a
security breach occurs or if the Customer suspects that a security breach may have
occurred.
b. To the extent the Services provided hereunder are accessed electronically, third-party
software, sometimes called "spyware", can infect a user's computer and capture data
without permission. IntelliCorp is not responsible if any confidential data of Customer
or its agents is compromised in this manner. In order to protect its own data,
IntelliCorp reserves the right, without prior notice, to suspend access to any
IntelliCorp web application by any user or agent whose computer is infected in this
manner until the infection is removed. IntelliCorp will make reasonable efforts to
notify the Customer beforehand, but circumstances may require prompt action.
5. Usa�e of Services.
a. The Customer shall ensure that it obtains a signed authorization and release from
the subject of their search PRIOR to running a search, if the search is for
employment, housing or other purpose covered by the FCRA. Customer agrees to
keep copies of these releases for five (5) years and to provide copies of signed
releases to IntelliCorp when requested by IntelliCorp.
b. Customer certifies that it will request, receive and use the Services in compliance
with all applicable federal, state and local statutes, rules, codes and regulations,
including but not limited to, the Fair Credit Reporting Act ("FCRA") and its state
equivalents, the Driver's Privacy Protection Act 18 U.S.C. §2721 et seq.,
("DPPA") and its state equivalents, the Gramm-Leach-Bliley Act ("GLB") and its
state equivalents, and including any changes, supplements or amendments to such
statutes, rules, codes and regulations as well as any case law interpreting such
EXHIBIT 4
statutes, rules, codes and regulations (collectively referred to herein as "The
Laws").
c. Customer accepts the responsibility of understanding and for staying current with
all applicable employment-related laws, specific state forms, certificates of use or
other documents or agreements including any changes, supplements or
amendments thereto imposed by the states (collectively referred to as "Specific
State Forms") applicable to Services. Customer hereby certifies that it has filed
all applicable Specific State Forms required by individual states and that
Customer agrees that if it receives Services from a State requiring a Specific State
Form, it will execute a copy of the appropriate Specific State Form and provide a
copy to IntelliCorp.
d. Customer certifies that it shall use the Services: (a) solely for the Customer's
certified use(s), and (b) solely for Customer's exclusive one-time use. Customer
shall not request, obtain or use Services for any other purpose including, but not
limited to, for the purpose of selling, leasing, renting, or otherwise providing
information obtained under this Agreement to any other party, whether alone, or
in conjunction with Customer's own data, or otherwise in any service which is
derived from the consumer reports.
e. The Services shall be requested by, and disclosed by Customer only to
Customer's designated and authorized employees having a need to know and only
to the extent necessary to enable Customer to use the Services in accordance with
this Agreement. Customer shall ensure that such designated and authorized
employees shall not attempt to obtain any Services on themselves, associates, or
any other person except in the exercise of their ofiicial duties.
f. The Customer shall use Services only for a one-time use and shall hold the report
in strict confidence, and not disclose it to any third parties; provided, however,
that may disclose the Report to the subject of the report or as required by law.
6. Cust��i�r ���li ;��a�«� W��c� �'���us�������� ��� ��r�°t� ��•� fll�t��ir�erl 1� o�° ��� l�av�ner�i
Purposes. In ordering a Consumer Report for employment purposes, Customer certifies
to the following:
a. Customer is an authorized business permitted to request and receive a Consumer
Report under the FCRA and has a need for such information in connection with
the evaluation of individuals for employment, promotion, reassignment or
retention as an employee ("Consumer Report for Employment Purposes").
i. Customer shall request a Consumer Report for Employment Purposes
pursuant to procedures prescribed by IntelliCorp from time to time only
when it is considering the individual inquired upon for employment,
promotion, reassignment or retention as an employee, and for no other
purpose.
EXHIBIT 4
ii. Customer certifies that it will not request a Consumer Report for
Employment Purposes unless : (a) clear and conspicuous written
disclosure is first made to the consumer before the report is obtained, in a
document that consists solely of the disclosure, that a consumer report
may be obtained for employment purposes; (b) the consumer has
authorized in writing the procurement of the report; and (c) information
from the Consumer Report for Employment Purposes will not be used in
violation of any applicable federal or state equal employment opportunity
law or regulation.
b. Customer certiiies that before taking adverse action in whole or in part based on
the Consumer Report for Employment Purposes, it will provide the consumer
with: (a) a copy of the Consumer Report for Employment Purposes; and (b) a
copy of the consumer rights, in the format approved by the Federal Trade
Commission.
7. Fee. Customer agrees to pay IntelliCorp all fees invoiced for the Services within thirty
(30) days of receipt of the invoice. Such fees may include, but not be limited to, a non-
refundable activation fee, a monthly service charge, court fees and a transactional search
fee for each search, query or inquiry of the Services. Customer is responsible for and
shall pay all fees associated with the use of the Services. Fees are nonrefundable unless
otherwise indicated in writing. IntelliCorp reserves the right to amend the fees due on
prior notice to Customer. Except for taxes based on Intellicorp's income, Customer shall
be responsible for payment to IntelliCorp of all federal, state and local sales, excise, use
or similar taxes in connection with Customer's licensing or use of the Services hereunder.
Licensee shall pay IntelliCorp interest on all charges not paid within thirty (30) days at
the rate of as stipulated by Texas Government Code 2251 (Prompt Payment Act).
a. If Customer makes Payment by credit card and the Customer authorizes IntelliCorp to
charge all Fees directly to the credit card provided, as they are incurred or become due
pursuant to the attached form.
b. For accounts that are invoiced, Customer authorizes IntelliCorp to charge all past due
accounts said account.
c. IntelliCorp may suspend, disrupt or terminate Customer's access to the Services, its
account and any ID issued to Customer if payments to IntelliCorp for the services
provided become past due.
8, No Warrantv. Customer warrants to the data suppliers and IntelliCorp that Customer
proceeds at its own risk in choosing to rely upon the services in whole or in part.
Customer agrees that the data suppliers assume no responsibility for the accuracy of the
information, errors that occur in the conversion of data or for Customer's use of the
information. Neither the third-party data suppliers, nor any third-party data suppliers to
them (for purposes of indemnification, warranties and limitations on liability the third-
EXHIBIT 4
party data suppliers and their data suppliers are hereby collectively referred to as third-
party data providers), shall be liable to Customer for any loss or injury arising out of or
caused in whole or in part by third-party data suppliers' acts or omissions, whether
negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting,
communicating, or delivering the Services.
ALL SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, INCLUDING ANY WARRANTIES OR
REPRESENTATIONS OF ACCURACY, TIMELINESS, CURRENTNESS OR
COMPLETENESS. NEITHER INTELLICORP OR ITS THIRD PARTY
SUPPLIERS OR PROVIDERS MAKE REPRESENTATIONS, COVENANTS OR
WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, WITH
RESPECT TO THE SERVICES, INFORMATION IN THE SERVICES
DELIVERED OR THE MEDIA OR MEDIUM ON OR THROUGH WHICH THE
SERVICES ARE DELIVERED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF CONDITION, QUALITY, DURABILITY, SUITABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IN
RESPECT OF ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN
LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE ARISING
OUT OF OR CAUSED IN WHOLE OR IN PART BY INTELLICORP'S ACTS OR
OMISSIONS WHETHER NEGLIGENT OR OTHERWISE IN PROCURING,
COMPILING, COLLECTING, INTERPRETING, REPORTING,
COMMUNICATING OR DELIVERING THE SERVICES OR INFORMATION
THEREIN. NEITHER INTELLICORP NOR ITS THIRD PARTY
SUPPLIERS/PROVIDERS SHALL HAVE ANY LIABILITY FOR
CONCLUSIONS CUSTOMER MAY REACH FROM USE OF THE SERVICES.
9. Limitation Of Liabilitv. Neither IntelliCorp or its third party suppliers/providers shall
be liable for any loss, injury, claim, liability or damage of any kind resulting in any way
from (a) errors in or omissions from the Services available or not included therein, (b) the
unavailability or interruption of the Services, (c) use of the Services (regardless of
whether Customer received any assistance from IntelliCorp or any supplier/provider in
using the Services), (d) Customer's use of any equipment in connection with the
Services, (e) the content of the provided through the Services, (� any delay or failure in
performance beyond the reasonable control of a IntelliCorp or any provider/supplier, (g)
use of the content provided by the Services, or Authorized Printouts by an authorized
individual, user or organization, authorized user or other third parties.
a. As referred to in this agreement Supplier/Provider means (a) the provider of the
Services (IntelliCorp Records, Inc.), its affiliates and any owner, officer, director,
employee, subcontractor, agent, successor or assign of the provider of the Services or
its afiiliates; and (b) each third party supplier of Services, their affiliates and any
owner, officer, director, employee, subcontractor, agent, successor or assignee of any
third party supplier of Services or any of their affiliates.
EXHIBIT 4
b. THE AGGREGATE LIABILITY OF THE SUPPLIER/PROVIDER 1N
CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING
TO THE SERVICES SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL
DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT
AMOUNT SHALL BE 1N LIEU OF ALL OTHER REMEDIES THAT YOU MAY
HAVE AGAINST ANY COVERED PARTY. THE SUPPLIER/PROVIDER SHALL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, 1NCLUDING
WITHOUT LIMITATION, SPECIAL, INDIRECT, 1NCIDENTAL OR
CONSEQUENTIAL DAMAGES, (1NCLUDING, WITHOUT LIMITATION,
ATTORNEYS' FEES) WITH RESPECT TO THE SERVICES DELIVERED OR
THE MEDIUM OF DISTRIBUTION, REGARDLESS OF WHETHER SUCH
LIABILITY IS BASED 1N TORT, CONTRACT OR OTHERWISE OR IN ANY
WAY DUE TO OR RESULTING FROM OR ARISING 1N CONNECTION WITH
THE SERVICES.
c. Customer agrees to assume full responsibility and liability for any and all claims,
liabilities, judgments, penalities, losses, costs, damages and expenses, arising by
reason of or in connection with any act under or in violation of this Agreement
resulting from the use, disclosure, sale or transfer of the services or by virtue of
Customer's use of the Services or any information obtained from Services or through
use of the Services, either directly or indirectly.
10. Records, Audit and Credentialin�, Customer must maintain all records related to its
order, purchase and use of the Services for a period of five (5) years from the date the
Services are requested. The information retained and reports pursuant to this Section
shall include, but not be limited to: the request date, requested individual, requestor, and
permissible purpose for the request, a signed release/authorization from individual about
whom the request is made each time a request is made for employment purposes, and any
other information sufficient to verify that the ordering and use of the Service complies
with the terms of this Agreement (collectively the 'Reports'). The Reports shall be made
immediately available to IntelliCorp for review and copying upon request or to any
government authority upon request.
a. Customer shall keep accurate records and accounts in accordance with standard
business and accounting practices. From time to time, not to exceed two (2) times per
year, during regular business hours and upon at least ten (10) days prior written notice,
IntelliCorp shall have the right to audit, at its expense, the books and records of
Customer to coniirm compliance with the terms of this Agreement . Customer will
provide full reasonable cooperation, and assure full reasonable cooperation by its
employees in connection with such audits. Customer will provide IntelliCorp access
to such properties, records and personnel as IntelliCorp may reasonable require for
such purpose.
b. Customer understands and acknowledges that various laws require IntelliCorp to
safeguard information which insurers, customers and other third parties entrust into
Intellicorp's care. IntelliCorp maintains strict privacy and security polices to ensure
EXHIBIT 4
that access to and use of said information is limited to authorized users and permitted
purposes.
1. In accordance with these policies, IntelliCorp is required to verify that entities
receiving its Services are, in fact, approved and authorized to receive the specific
the product, content or service in question. Therefore, IntelliCorp requires and
Customer agrees to (i) fully cooperate with IntelliCorp in connection with any
pre-service review of Customer prior to permitting Customer to access or obtain
information from IntelliCorp under this Agreement; and (ii) fully cooperate with
Intellicorp's continued monitoring of Customer including the recertification of
Customer's credentials and usage patterns on a periodic basis to assure continued
compliance with this Agreement and Intellicorp's privacy and security policies.
2. Pre-service review may include but not be limited to a veriiication of Customer's
type of business; confirmation that the stated permissible purpose for obtaining
products is compatible with the type of business conducted by Customer;
conducting a physical inspection of Customer's premises to assure that it is a
legitimate business facility, including the confirmation that advertisements and
posted signs are compatible with Customer's purported business and purposes;
verifying the financial status of Customer; and verifying Customer's business
references, business phone and address records and web pages through the use of
recognized third parties
11. Pro er . Nothing contained herein shall be construed as conferring upon Customer or
any user any license or right under any patent, copyright or trademark of IntelliCorp or
any third party. Customer acquires no proprietary interests in the Services or copies
thereof. All right, title and interest (including all copyrights and other intellectual
property rights) in the Services (in both print and machine-readable forms) belong to
IntelliCorp its suppliers or providers. Except as specifically provided herein, you may
not use the Services in any fashion that infringes the copyrights or proprietary interests
therein. You may not tamper with, alter or change any records or information from the
Services.
12. Notices. Except as otherwise provided herein, all notices and other communications
hereunder may be in writing or displayed electronically in the Services by IntelliCorp or
its suppliers. All notices hereunder shall be in writing and shall be deemed to have
properly been given when delivered in person to the party, or when deposited in the
United States mail, postage prepaid and properly addressed to the party notifed at the
addresses set forth below, unless written notice of change of address shall have been
received prior thereto.
13. Assignment. Customer may not assign its rights or delegate its duties under this
agreement without the prior written consent of IntelliCorp.
14. Relationshin of the Parties. The Parties will perform their obligations hereunder as
independent contractors. Nothing contained in this Agreement will be deemed to create
EXHIBIT 4
any association, partnership, joint venture, or relationship of principal and agent. The
Parties will perform their obligations hereunder in a professional and business like
manner.
15. Amendments. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and permitted assigns. The provisions of
this Agreement shall constitute the entire agreement between the parties and supersedes
any and all previous and contemporaneous written and oral agreements and
communications relating to the subject matter hereto between the parties. This
Agreement may be modified only by written agreement, signed by the parties.
16. Waiver. The failure of either party to enforce any provision hereof shall not constitute or
be construed as a waiver of such provision or of the right to enforce it at a later date. Any
waiver of a party of a breach of this Agreement shall not operate as or be construed to be
a waiver of any other provision of this Agreement. The failure of a party to insist upon
adherence to any term of this Agreement on one or more occasions shall not be
considered a waiver and shall not deprive that party of the right thereafter to insist upon
strict adherence to that term or any other term of this Agreement. Any waiver of a
provision of this Agreement must be in writing fully executed by both of the parties
hereto.
17. No Breach or Violation. Each party warrants that the execution, delivery and
performance of this Agreement and the consummation of the transactions contemplated
hereby will not result, directly or indirectly, in a breach of: (a) any term, condition or
provision of or constitute a default under its certiiicate of incorporation or by laws of
such party, or any contract other agreement or instrument to which the party is a party or
by which the party is bound or affected, or (b) any law, statute or regulation or any
injunction, order, award, judgment, decree of any government agency or authority or
court to which the Party or its assets are subject. Each party warrants that it has the
financial capacity to perform and continue to perform its obligations under this
Agreement. No legal proceedings have been threatened or brought against a party that
could threaten performance of this Agreement and entering into this Agreement is not
prohibited by any contract, applicable law, governmental regulation, or order by any
court of competent jurisdiction.
18. Other Agreements. Each party warrants that it is not bound by any agreement or
instrument with a third party that, individually or in the aggregate, impairs or adversely
affects in any material way, or to the best of its knowledge, creates a conflict of interest
that interferes or could reasonably be expected or be anticipated to interfere with its
ability to perform its obligations under this Agreement.
19. Jurisdiction and Venue. The Contract is made under and shall be governed by the laws
of the State of Texas. All issues arising from this Contract shall be resolved in the courts
of Denton County, Texas and the parties agree to submit to the exclusive personal
jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted
EXHIBIT 4
to limit or restrict the right or ability of the City to seek and secure injunctive relief from
any competent authority as contemplated herein.
This Agreement is not valid against either party unless and until executed by the appropriate
officer or authorized representative.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
representatives effective as of the day and year iirst above written.
Customer:
Signed:
Name:
Title:
Date:
IntelliCorp I��c�rt��, ���;.
+�
Signed: �
Name:
Title:
Date:
Todd Carpenter
President
� d�
_�.�_...�.�
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014 Questions concerning this
acquisition may be directed to
DEPARTMENT: Materials Management Billy Matthews 349-7272
ACM: Bryan Langley ���
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the purchase of a High Definition (HD) Upgrade
including the replacement of cameras, audio, and video equipment for the City of Denton's
Council Chambers, Work Session Room and Denton Television Control Room for Denton
Television (DTV), 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 5534 awarded to Media Rushworks,
LLC in the not-to-exceed amount of $190,000).
FILE INFORMATION
The City of Denton owns and operates Denton Television (DTV) which televises live City
Council and Planning and Zoning Commission meetings, promotes City services, provides
educational programs, markets City accomplishments, and promotes local events.
This item is for the purchase of equipment to upgrade the DTV system to high definition (HD).
HD is a type of television signal that provides a widescreen picture, higher resolution and an
overall better quality picture than the City's current Standard Definition (SD) format. As SD
continues to be phased out across the industry, our current equipment becomes increasingly less
supported and more difficult to maintain. Therefore, staff is recommending the upgrade which
includes the proprietary design, production equipment, and installation of new HD video and
audio technology in the Council Chambers, Work Session Room, and DTV control room
(Exhibit 1).
In preparation for the HD conversion, the presentation displays in the Council Chambers have
already been updated. The second step is the complete re-design of the current DTV space in the
Council Chambers, and this will be completed by June l, 2014. The third and final step is the
purchase and installation of the equipment shown on Exhibit 2. Staff training is also included in
this quote.
Media Rushworks, LLC is the sole provider of the VDESK PRO, which incorporates a unique
matrix routing system that allows for virtually limitless expansion. Section 252.022 of the Local
Government Code provides that procurement of items that are only available from one source, do
not have to be competitively bid.
Agenda Information Sheet
May6,2014
Page 2
RECOMMENDATION
Award the HD upgrade and installation of cameras, audio and video equipment for the City of
Denton to Media Rushworks, LLC in an amount not to exceed $190,000. The not-to-exceed
amount includes a contingency for any additional equipment that may be needed as a result of
the upgrade.
PRINCIPAL PLACE OF BUSINESS
Media Rushworks, LLC
Flower Mound, TX
ESTIMATED SCHEDULE OF PROJECT
The installation is estimated to be completed by August l, 2014.
FISCAL INFORMATION
Pursuant to City of Denton Ordinance No. 95-191 and pursuant to section 66.009 of the Texas
Utility Code, all cable providers within the Denton city limits are required to collect a Public,
Education, and Government (PEG) fee from every cable subscriber. With the adoption of
Ordinance No. 2010-302, our PEG fee is 1 percent of the gross revenue of the cable services
provided. The FCC restricts the use of this PEG fee, allowing it only to be used to acquire
additional PEG production equipment, capital, and for other lawful PEG purposes. PEG fees are
remitted to the City on a quarterly basis. In Fiscal Year 2014-2015, PEG funds are expected to
generate approximately $305,000. These revenues will be used to upgrade the production
equipment to High Definition.
This project will be funded from account 212002.8530. Requisition 118548 has been entered in
the Purchasing software system. All of the capital improvements will be made with funds
collected from the Public, Education, and Government (PEG) fees. No other City funds will be
expended.
EXHIBITS
Exhibit L Memo
Exhibit 2: Proposal from Media Rushworks, LLC
Exhibit 3: Sole Source Letter
Exhibit 4: Ordinance
Agenda Information Sheet
May 6, 2014
Page 3
Respectfully submitted:
C. �.� � � � � �-�-w�.�,
Chuck Springer, 349-8260
Director of Finance
EXHIBIT 1
�
� �������� � � IIIIIIIIIIIIIOIIIIIIIIIIIIIIII���'�
� r>r
Denton Television 215 E McKinney, Denton, Texas 76201 (940) 349-7272
To: Elton Brock, Purchasing Manager
From: Billy Matthews, Denton Television Manager
Re: Rushworks — Sole Source
Date: April 9, 2014
Staff is recommending awarding the HD upgrade and installation of cameras, audio and
video equipment for the City of Denton to Rushworks Technology Solutions in an
amount not to exceed $190,000.
This is a redesign and upgrade of the City's current television system that was designed
and installed by Rushworks in 2009. Since that time, Rushworks has been a valued
partner with the City related to ongoing maintenance, software releases, and instruction.
Due to their location in Flower Mound, Texas, the City has benefitted from the proximity
and on-call availability of the Rushworks team.
If you have any questions about this request, please contact me at (940) 349-7272 or via
email at billv.matthews(a�eitvofdenton.eom.
ADA/EOE/ADEA www.eitvofdenton.eom (TDD 800-735-2989)
EXHIBIT 2
Page 1 of 2
RUSHWORKS Denton Proposed Capex
SYSTEMS ! Qty Price
A-LIST HD/SD SDI single 1 12,824.00
VDESK PRO (7 x XA25/ 7 x PT-MINI) 1 48,090.00
Sub Total By Area 60,914.00
PODIUM
VGA/Stereo/232 to digikat (to C/R, AUX VGA) 1 524.80
Sub Total By Area 524.80
' BRIEFING ROOM `
Presentation switcher HDMI I/O 1 1,491.20
Lect PC VGA/232/aud to TP 1 260.80
TP to VGA - make it easy to swap for HDMI 1 316.80
Input from main router 1 388.80
HDMI 1:2 DA, VP729 out to prj, C/R 1 260.80
HDMI to SDI scaler, main to C/R 1 792.00
Rackmount TP-134/VP-482 1 105.60
Rackmount VM-2Hxl 1 44.80
1 U Rack DVD Player RS232 controllable 1 638.40
8in/8out DSP for mic pre-amp, signal proc 2 3,836.80
4-channel amplifier for speakers 1 1,864.00
1 U 750VA UPS/Surge protection 1 616.00
1 U 12-outlet power conditioner strip 1 104.00
12V 9A Power supply for camera heads 1 592.00
8.4V 4A Power supply for cameras 1 416.00
20U sliding rack, 4-rails for hardware 1 942.40
Vented 1 U rack filler panels 6 112.61
50' HDMI Redmere 1 92.80
Sub Total By Area 12,875.81
'CONTROLRQOM
TP to VGA - Mayor, Sec, Lect 3 950.40
Bidirectional bal/unbal conv/amp for DVDR,CATV 3 600.00
HDMI to HD-SDI scaler 1 792.00
VGA to TP, VP727 out to Dais 1 260.80
21-slot OpenGear Converter frame 2 4,601.60
Redundant PSU for OG Frame 2 1,424.00
Master out HD-SDI to analog 7 4,569.60
Audio to SDI embedders - CRCam1,BRCam1 2 1,305.60
Convert CATV boxes to HD-SDI 3 1,958.40
Genlock sync source 1 652.80
40x40 SDI routing switcher 1 3,947.20
Redundant PSU for Videohub 1 126.40
Control panel for VideoHub 1 916.80
8in/8out GPIO trigger box for VideoHub 2 1,305.60
Dual 7" Marshall multi-input preview displays 2 2,080.00
17" Rackmount HD monitor 1 1,180.80
Dual 7" waveform/vectorscope 1 1,312.00
DVD-Recorder 2 857.60
K-Net 5-port control hub 1 304.00
K-Net remote controller 1 568.00
8-button control panel (Decora-type) 2 1,046.40
EXHIBIT 2
Page 2 of 2
1:5 Analog SD video DA 1 248.00
1:5 Analog audio DA 3 700.80
Rack Kit for TP-133, TP-134 & VP-482 (2 per kit) 3 316.80
Rack Kit for 482x1, PL15 2 89.60
Rack kit for SL12 1 92.80
Rack kit for VM-50AN/VM-50V 2 169.60
1 RU Multiviewer chassis 1 1,800.00
Rainier 4-input modular MV card 4 12,000.00
55" LED-backlit display for Multiviewer 2 3,830.40
Tilting wall-mount for 55" display 2 560.00
8-port DSP unit for Council mics 2 3,836.80
1500VA 2U Rack UPS unit 1 per rack 5 4,528.00
12-outlet power conditioner (1 RU) 5 520.00
12V 9A Power supply for camera heads 1 592.00
8.4V 4A Power supply for cameras 1 416.00
12-pack 1 U vented panels 1 246.40
2U vented panel 10 226.56
50' HDMI Redmere 2 185.60
Sub TotalByArea 61,119.36
D�41S
VGA/232/Aud to TP - Mayor, Secretary 2 521.60
TP to VGA - Pres return 1 316.80
1:5 VGA DA for Council seats 2 697.60
18" gooseneck mic with built-in mute switch 10 4,160.00
Sub Total By Area 5,696.00
PROJECT SUBTOTAL 141,129.97
INBOUND / OUTBOUND SHIPPING 1 2,625.00
PROJECT DESIGN 1 3,000.00
ESTIMATED CABLING LABOR 1 21,600.00
27,225.00
SITE COSTS:
Installation & Training 10 16,000.00
Vehicle Rental & Mileage 10 700.00
Per Diem 10 1,000.00
17,700.00
TOTAL PROJECT COST 186,054.97
FUTURE YEAR ASAP SUBSCR►PTION: $7,455
EXHIBIT 3
� },r�nt ���<<c :
i� �� (,,r',� ,�, t� . € 'A.�i �_ �, ;
May 26, 2009
City of Denton
Billy Matthews
Cable Television Supervisor
215 E McKinney City Hall
Denton, TX 76201
Dear Billy,
In accordance with your request, by this letter it is affirmed that RUSHWORKS is
both the exclusive manufacturer and sole source provider of the VDESK meeting
and event production system. This is inclusive of the PTZ Camera Control
software that is part of the VDESK Solution.
If you have any questions or need more information, please don't hesitate to
contact me.
Sincerely,
�
/ � ��/ �
�
Rush Beesley, President
RUSHWORKS
800 Parker Square Ste 200 • Flower Mound, TX 75028 • 888.894.RUSH (7874) • 972.899.8140 fax
www.RushWorksMedia.com
Exhibit 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF A HIGH DEFINITION (HD) UPGRADE INCLUDING THE
REPLACEMENT OF CAMERAS, AUDIO, AND VIDEO EQUIl'MENT FOR THE CITY OF
DENTON'S COUNCII, CHAMBERS, WORK SESSION ROOM AND DENTON
TELEVISION CONTROL ROOM FOR DENTON TELEVISION (DTV); WHICH IS
AVAII,ABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER
252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE
EXEMPT FROM THE REQUIIZEMENTS OF COMPETITIVE BIDDING; AND PROVIDING
AN EFFECTIVE DATE (FII,E 5534 AWARDED TO MEDIA RUSHWORKS, LLC IN THE
NOT-TO-EXCEED AMOLJNT OF $190,000).
WHEREAS, Section 252.022 of the Local Government Code provides that procurement
of items that are only available from one source, including; items that are only available from
one source because of patents, copyrights, secret processes or natural monopolies; films,
manuscripts or books; electricity, gas, water and other utility purchases; captive replacement
parts or components for equipment; and library materials for a public library that are available
only from the persons holding exclusive distribution rights to the materials; and need not be
submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in
the above paragraph; NOW, THEREFORE,
THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The following purchase of materials, equipment or supplies, as described
in the "File" listed hereon, and on file in the office of the Purchasing Agent, are hereby
approved:
FILE
NUMBER VENDOR AMOUNT
5534 Media Rushworks, LLC $190,000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including, items that
are only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases;
captive replacement parts or components for equipment; and library materials for a public library
that are available only from the persons holding exclusive distribution rights to the materials; and
need not be submitted to competitive bids.
SECTION 3. The acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department.
SECTION 4. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5534 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�� �<-�� �� �
BY:
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
Materials Management
Bryan Langley ���
Questions concerning this
acquisition may be directed
to Keith Gabbard 349-7144
Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for Street Microsurfacing for the City of Denton; providing for the expenditure of funds
therefor; and providing an effective date (File 5529-awarded to Viking Construction, Inc. in the
unit price amount of $3.17 per square yard for a not-to-exceed amount of $375,000).
FILE INFORMATION
Council considered the approval of a Cooperative Purchasing Agreement with the City of
Weatherford as an earlier item on this agenda. Section 271.102 of the Texas Local Government
Code, authorizes respective participating governments to enter into agreements for the purchase
of goods and services.
On March 11, 2014, the City of Weatherford awarded a contract for street microsurfacing to
Viking Construction, Inc. The bid was awarded through September 30, 2014. The bid pricing is
shown on Exhibit l. Approval of this item would allow the City of Denton to accept the City of
Weatherford bids and award a contract to Viking Construction, Inc., for street microsurfacing.
The prices received are very competitive and the services listed in the bid match our existing
needs. There are no local vendors that provide this specific type of service.
RECOMMENDATION
Award a contract to Viking Construction, Inc. in the in the unit price amount of $3.17 per square
yard for a not-to-exceed amount of $375,000. This pricing was approved by the City of
Weatherford on March 1 l, 2014.
PRINCIPAL PLACE OF BUSINESS
Viking Construction, Inc.
Georgetown, TX
Agenda Information Sheet
May 6, 2014
Page 2
ESTIMATED SCHEDULE OF PROJECT
This contract will be used for various projects as needed by the Streets Department. The contract
period with the City of Weatherford expires on September 30, 2014. The City of Denton Streets
Department will review the new bid pricing at that time to determine whether to approve a new
contract with Weatherford's awarded bidder or set up a new contract for street microsurfacing
through a different source.
FISCAL INFORMATION
Funding for this agreement will follow the City of Denton's fiscal verification policy and will be
charged to the account number for the specific project.
EXHIBITS
Exhibit l: Council Communication and Tabulation Sheet from City of Weatherford
Respectfully submitted:
C. �.� � � � � �-�-w�.�,
Chuck Springer, 349-8260
Director of Finance
EXHIBIT 1
MINUTES OF THE WEATHERFORD CITY COUNCIL REGULAR AND EXECUTIVE
SESSIONS HELD MARCH 11, 2014 IN THE CITY HALL COUNCIL CHAMBERS, 303
PALO PINTO STREET, WEATHERFORD, TEXAS.
Il�Vt�Ct�TIt�l�
Reverend David Slyter of Grace First Presbyterian Church led the invocation.
CALL Tt� t�RI)ER � Al�l�t��Tl�CE1VIEl�T t�F' A t?�Tt�R�T1VI
Mayor Dennis Hooks called the meeting to order at 6:32 p.m. Present were: Mayor Dennis
Hooks, Mayor Pro Tem Craig Swancy, Heidi Wilder, Jeff Robinson, and Waymon Hamilton.
City staff included: City Manager Jerry Blaisdell, Assistant City Manager Sharon Hayes, City
Attorney Zellers & Zellers, and Assistant City Secretary Krista Beach. City Secretary Malinda
Nowell was absent.
PLEI)GES t�F' ALLEGIAl�CE Tt� TI�E �Tl�ITEI) STATES � TEXAS F'LAGS
Mayor Dennis Hooks led the pledges.
APPRt�VAL t�F' TI�E 1VIIl��TTES
Ca si er_ a��raval af t e in�t�s af t e Citv Ca� cil e��lar Sessia el ��e r�ar�
2�2014.
On the motion of Craig Swancy, second by Waymon Hamilton, the Council voted unanimously
to approve the Minutes. Motion carried 5- 0.
Ct�l�SEl�T AGEl�I)A ITEIVIS
On the motion of Waymon Hamilton, second by Jeff Robinson the Council voted unanimously to
approve the following items on the Consent Agenda. Motion carried 5- 0.
• Approved Ordinance 664-2014-09 amending the FY2014 Annual Budget. The Ordinance is
captioned as follows:
ORDINANCE 664-2014-09
AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF WEATHERFORD,
TEXAS, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2014, AND MAKING APPROPRIATIONS FOR THE SEVERAL
DEPARTMENTS FOR SAID YEAR IN ACCORDANCE WITH THE CHARTER AND
ORDINANCES OF THE CITY OF WEATHERFORD, TEXAS AND THE LAWS OF THE
STATE OF TEXAS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
1N CONFLICT; AND PROVIDING A SAVINGS CLAUSE.
• Awarded Bid#2014-04 for asphalt paving on various City streets to Weldon C. and Bill
Jordan Construction, Inc.
• Awarded Bid #2014-005 for Microsurfacing streets to Viking Construction Inc.
• Approved Resolution R2014-10 authorizing the Weatherford Police Department to apply for
grant funding offered by the Office of the Governor, Criminal Justice Division.
• Approved Resolution R2014-11 setting two public hearings on the voluntary annexation of
178.03 acres of land known as Ric Williamson Memorial Highway from FM 920 to IH2O.
FINANCE DEPARTMEN'I'
CITY OF WEATHERF'ORD
A.O. BOX 255
WEATHERI�ORD, TEXAS 76U86
I S I'TT"AI. �
(THIS IS NOT AN ORDEI�)
DATE: FEBRUAKY 0'7, 2014
B1D NLINIBER: 2014-005
BID 'I'ITLF.: MICROSURFACING STREETS
BID OPENING: 2 P.M., FEBRiIARY 25, 2014
P1.EASE QLIOTE PRICES FOR THE AR'TICI.ES OR SBRVICES BELOW. THF, CI'TY RESEFtVES THE
RIGHT 'Tp ACGEPT QR REJECT ALI, OR ANY PART OF YOiJR OFFER, AND TO ACCEPT THE
OFFER THE CITY CONSIUERS Tf-IE MOST ADVAN'TAGEOUS. BY SiJBMI7'T1NG THIS E3ID THE
UNDERSIGNED HEREBY CERTIFIES TFIAT SAID BID HAS I3EEN INDEF'ENDENTLY ARRIVED AT
AND 'fIIAT PRIC'E, "CERMS OR CONDITIONS APPF,ARING OR APPI.ICABLE HERETO, HAVE NOT
AND WILL NOT BE DISCLOSEL7 BY OR ON BEHALF OF 'TI-IF. BIDDFR OR CbMPETITOR. ANY
SUGGF.STIONS AS TO QUANTI'1'Y TO SECiJRE A B�:TTER PRIC:E IS WF,LCOME. ADDI2ESS
CORKESPONDF,NCE TC� THE CITY OF WEATHERFORI3 FINANCE DEPARTMENT, 303 I'ALO PINTO
STREET, WEATf�'RFORD, TEXAS 76U85.
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Adopted 06/29d2407
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR STREET MICROSURFACING FOR THE CITY OF DENTON; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(FII,E 5529-AWARDED TO VIKING CONSTRUCTION, INC. IN THE UNIT PRICE AMOUNT
OF $3.17 PER SQUARE YARD FOR A NOT-TO-EXCEED AMOUNT OF $375,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
FII,E
NUMBER CONTRACTOR AMOUNT
5529 Viking Construction, Inc. $375,000
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 construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
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 File 5529 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 works 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 , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�� �<-�� �� �
BY:
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Economic Development
ACM: John Cabrales ��
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, amending Article VII, Chapter
10 "Finance and Taxation" of the Code of Ordinances of the City of Denton to expand eligibility
for a tax exemption for historically significant sites; providing for a severability clause;
providing a savings clause and providing for an effective date. (The Historic Landmark
Commission recommends approval9-0)
BACKGROUND
In 1998, staff researched various types of incentives that could be applied to historic properties,
specifically in downtown Denton. Prior to developing Ordinance No. 98-116, discussions were
held with the Historic Landmark Commission, the Downtown Development Advisory Board,
and the Main Street Association. All groups agreed that a tax incentive would help promote
greater compliance with the Property Appearance Guidelines.
The ordinance provides a pre-renovation valuation "freeze" on the City of Denton portion of
property taxes for a ten year period for eligible structures. The "freeze" applies to the structure
and land reasonably necessary for access to, and use of, the building.
The main qualifications for eligibility are:
1. Commercial buildings 50 years old or older within the established target area;
2. Exterior rehab over $20,000 or 25% of the most recent tax valuation of building,
whichever is less; and,
3. Rehab plans approved for compliance with Property Appearance Guidelines.
Review of construction plans and verification of completion are done by the Historic Landmark
Commission. The City Council must approve each tax abatement, individually.
This tax incentive applies only to substantial rehabilitations. It does not address less expensive
projects that might have a significant visual impact without being costly. Signs and paint jobs are
examples of projects that can make a huge impact on the overall effect of a building. Since 1998,
$3,500 has been allocated annually to a 50/50 reimbursement grant fund, allocating up to $500
per building. Compliance with Property Appearance Guidelines is required in order to be
eligible for these grants.
Agenda Information Sheet
May 6, 2014
Page 2
For example, if a building is valued at $300,000 prior to renovation, the City tax rate would be
$2,06925 per year. The City's portion of the tax would be "frozen" at this rate for a period of
ten (10) years. At the end of the ten year abatement, the current tax rate would apply to the
property, including the renovations.
The last property to apply for the "tax freeze" abatement was 208 W. Oak; it was approved on
June l, 2005. The first year's abatement was applied in 2006 and it will expire in 2016. All
other properties that previously were approved for this abatement have already expired.
On March 11, 2014, New Haven Development of Denton asked the Economic Development
Partnership (EDP) Board for an incentive. (New Haven is an assisted living company that is
interested in acquiring and renovating the former Fairhaven Retirement Home, located at 2400
North Bell Avenue in Denton.) The EDP Board felt that this project was a worthy endeavor, but
it did not meet their minimum criteria for City of Denton incentives.
An alternative suggestion to assist this project was to amend ordinance #98-116 to expand the
boundaries from the "Downtown Commercial District" to include historic districts, historic
conservation districts or any commercial building that the City Council deems historic or in need
of preservation. Amending Article VII, Chapter 10 "Finance and Taxation" of the Code of
Ordinances of the City of Denton to expand eligibility for a tax exemption for historically
significant sites would accomplish this goal.
RECOMMENDATION
Staff recommends approval to changes to Article VII, Chapter 10 "Finance and Taxation" of the
Code of Ordinances of the City of Denton.
PRIOR ACTION/REVIEW
The Historic Landmark Commission reviewed the changes on April 14, 2014, and recommends
approval9-0.
FISCAL INFORMATION
At this time, 2400 North Bell is valued by the Denton Central Appraisal District at $622,107; the
current city taxes are $4,290. If Article VII, Chapter 10 of the Code of Ordinances was amended
so that this property became eligible for a tax incentive, the city taYes would be "frozen" at
$4,290 for ten (10) years.
Agenda Information Sheet
May 6, 2014
Page 3
ATTACHMENTS
l. Ordinance #98-116
2. Application for Historic Structure Property Tax Abatement
3. List of properties that have received a"freeze" under Ordinance #98-116
4. Ordinance
Respectfully submitted
� L�•�i
Julie Glover
Economic Development Program Administrator
s�no��.�arai���tivewi�� nurrnKw-ao�
ox�nvarrcE No ° /
EXHIBIT 1
AN ORDINANCE OF THE CITY OF DENT�N, TEXAS, AMENDING CHAPTER 10
"FINANCE AND TAXATIOI�1" �F THE C4DE OF ORDINANCES OF THE CITY OF
DENT(3N BY ADDING ARTICLE VII TO PR4VIDE FOR ABATING OF THE INCREASE
IN Ti-� ASSESSED VALUE OF' HISTORICALLY STGNTFICANT STTES F�R TAX
PURPOSES WHICH RESULT FROM APPROPRIATE REPAIRS AND RENOVATION TO
HISTORIC BUTLDINGS IN THE DOWNTOWN COMMERCIAL DISTRICT UF THE CITY
OF DENTON, PR�VIDING A SEVER.ABILITY CLAUSE, PROVIDING A SAVINGS
CLAUSE AND PR�VIDING FOR AN EFFECTIVE DATE
VVHEREAS, Artiale 8, Section 1-F af the Texas Const�tution and Section 11 24 of the
Texas Proparty Tax Code enable the City of Denton to exempt from taxation gart or a1! of the
assessed value of certam historioally significant sites in ne�d of tax relieF to encaurage their
preservation, and
WHEREAS, the City Counc�l oF the City of Dentoa finds such tax rel�ef is needed to
encourage the preservation of h�storic structures and sites withm the Downtown Commercial
District af the City af Danton, and
WHEREAS, the Crty Caunerl also finds that such tax rel�ef will provide econom�c
rncentive to develap proJects in histonc buildings worthy of preservation, NOW, THEREFORE,
THE COUNCII. OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
�CTI� That the "Finance and Taxation" Chapter af the Code of Ordinances of the
City of D�nton, Texas, be and the same rs hereby amended by the add�t�an of a new Article VII
entitled "Tax Exemption for Histoncally Szgnificant S�tes," so that hereafter sa�d artacle shall be
and read as fallflws
ARTICLE VII. TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITE5
Sec 10-130 GRANTING OF PARTIAL EXEMPTIQN
Any property which is designated as a"histoncally signtficant stte" pursuant to the terms
af this article and which �s substantially rehab�litated as provided here�n shalt have abated
any increase m the assessed value for ad valorem t� purpases in excess of the assessed
value of the property for the tax year immediately prior to the renovafion, for a per�od of
t�n (10) years following the complet�on of the renavation Only the hjstoric structure and
the land reasonably necessary for access to, and use af, the structure shall be sub}ect to
the tax abatement The abatement period shall begin on the first day of the tax year
fpljowing completxon of the rehabil�tat�an pro1ect
810ur pocumnYADr�dlnncal9B�}liR�lr Ab�t�+en.doe
S�c 14-131 DESIGNATION OF HISTORICALLY SIGNIFICANT SITES
EXHIBIT 1
Far the purpose af this article, all structures, residential and commercial, 50 years ald or
oLder which are with�n the boundar�es of the Downtown Commercial District as md�cated
o�t Attachment "A", wh�ch is attached hereta and made a part hereof for a11 purposes, are
ci�signated as h�star�cally s�gmficant srtes in need of tax rehef to encaurage their
p�eservation
Sec 10-132 ELIGIBILITY
Ta be el�gtble for a property tax abatement, a property must meet the %1lowrng
re�uiremants
The property must meet the requzrements for designarion as a histoncally
stgntfic�nt site in need oitax relYef as defined zn Sec 10-131 of th�s article
2 The property must meet all requ�rements far application, certification and
verification as set forth below
Sec 10-133 APPLICATION PROCESS
Applscations for a histoncally s�gnifiaant srte tax exempt�on pursuant to thas article are ta
b� �iled with the Preservatson Officer (or such other c�ty oflFic�al designated by the City
Manager) of the C�ty of Denton, wha shall be the agent for the C�ty of Denton for the
p�trposes af administ�ring thts art�cle Each applicat�on must be signed by the awner of
the property, be acknowledged before a notary publ�c and shall
A State the legal descriptian of the property proposed for Cert�ficat�on,
B Include an affidavrt by the owner stating the structure �s 50 years o1d or alder and
is located witt��n the Downtown Commerc�al D�stnct,
C Include deta�led plans andlor descr�pt�ons of the propos�d work demonstrat�ng
retaab�l�tation is m accarda.nce with the current Property Appearance Guidelines
adopted by ardinance of the City Council,
D Include cost estimates �ndicatmg the repa�r or rehabilttat�on oi the exter�or of the
building w�ll equal ar exceed 25% of the most recent assessed ad valorem tax
valuat�an of the structure or $20,OQ0, whichever �s Iess Raof repair or
replacement may compris� no more than 50°/a of the minimum thresho�d amount
n�cessary to yualify far tax abatement,
E Include a pro�ection of the estimated construct�on time and predicted completion
date af the histonc repajr or rehabilitat�on,
F Authorize the members of the Historic Landmark Commxssion, the Czty Manager
or designee, and elected affic�als ta visit and mspect the property propased for
Cert�ficat�on to verify that it is in need of substantial repair or rehabilitation and to
verify repair or rehabilitation,
PAGE 2
& 1Wr DacumMOSardI�p59B1Eildalc Ab�tenenl.doc
EXHIBIT 1
G Stgn an agreement to subm�t an appltcat�on for a Certificate of Appropri�teness
to determtne compliance w�th Property Appearance Gu�del�nes for any exter�or
mod�fications ta the property for the duration of the period dur�ng wh�ch the tax
abatement �s in effect,
H Inc�ude a tax oert�ficate showmg al! taxes due upon the property have been paid,
and
I Provicie any addrtianal infarmatian to the Histanc Landmark Comm�ssion whtch
the owner or Comm�ttee deems relevant or useful, such as the history of the
structure, access to the structure by the public, or any proposed changes �n use of
the structure
Each applicat�an shall contain su�icient documentatian confirm�ng or supporting the
informat�on submrtted therein
Sec 10-13�F CERTIFICATI4N PROCESS
Upan recetpt oi the sworn application, the Preservation Ofiicer shall forward the
apphcation to the Histonc Landmark Commission for revi�w The Histonc Landmark
Cammiss�on shall review the pra�osed rehab�l�tation for conformance with the current
version of the Property Appearance Gu�delmes The H�storic Landmark Commission
shall recamrnend to the City Cauncil whether the structure shall be eligible Far the tax
exemption The Commission may recommend approval of the appl�cation as submitted,
approval wrth condrtians, or denial The H�stonc Landmark Commiss�on shall review the
application within forty-five (45) days oF its submittal to the Preservation Officer The
wrrtten recammendation of the Histor�c Landmark Cammiss�on shall be delivered to the
City Manager no more than ten (10} days after the Comm�ssion's decision is rendered if
the decision of the Cammission is for approval wrth condrt�ons, and the applicant concurs
w�th such cand�tians, the above ten (10} days for delivery will not commence unttl the
a�pi�catton is amended to comply with the cond�tions appraved by the Commiss�on
Upon receipt of the recommendation of the Historic Landmark Commission, the C�ty
Manager shall, wrthin a reasonable time, place the matter upon the City Council Agenda
fbr determination of eligibility In determin�ng elig�bility, the City Caunc�l shall first
detertnme that all the requ�rements af this article have baen met and that only the histor�c
structure and the land reasonably necessary for access to, and use thereof, is to be
provided favorable tax relieF as provided �n Sectian 10-130 of this articie If eligibilrty �s
determ�ned, the Council shall authorize the Crty Manager to execute a taac exemption
certt%cate upon veriiicatton of completion of repairs or renovation Tf required by the
I�enton County Appraisal Dtatrict, the C�ty Manager or designee shall provrde annually a
ltst of structures eligible for tax exemption under this art�cle
Sec 10-135 VERIFICATION PROCESS
Upon completion of the repair or rehabilrtation, the Certified appiicant shall submit to the
Freservation Officer a sworn statement of complet�on acknowledg�ng that the structure
has been subatanttally repaired or rehabilrtated in accordance wrth the plan approved by
PAGE 3
e ra��n�++�+o�dtn.�veuu.��� nerane�.e�
EXHIBIT 1
tl�e Crty Council Appl�cant must also present documentation venfying that the cost of
repair or rehabilitation meets ar exce�ds the amounts established in Sec 10-133 of this
article The Preservation Officer or desi$nee, upon receipt of #t�e sworn statement of
cqmpletion, but no later than th�rty (34) days thereafter, shall make an investigatian of the
prapBrty and shall approve or disapprove the fact that the property has been completed as
required for Cert�ficat�on If the repair or renovation deviates m any way from the
cqnstruction plan approved by Councrl, the H�stonc Landmark Comm�ssion shall
d�termme whether or not the modificat�ons axe m accordance wrth the Property
A�ppear�nce Guidel�nes If verification of completion shall be deemed unfavorable, the
C�rtified Applicant shall be reyuired to complete or correct the repair or rehabil�tation �n
order to obta�n the tax exemptaon provided by this art�cle or appeal the Commission's
d�cision to the Crty Council When the v�rification of completion receives a fa�orable
rev�ew by the Preservation Officer, or the Cammiss�on ar the Council, whichever is
applicable, the Preservation O�"icer shali notify the Crty Manager in wr�ting of
compliance Thereafter, the City Manager shall execute a tax exemption certiiicate and
farward same to the D�nton County Appralsal Dsstr�ct
Sec 10-136 PROPERTY APPEARANCE GUIDELINES
The Prop�rty Appearance Guidelines on file in the office of the Preservat�on Oflficer,
the Planning and Cammuntty Development Department and such other office as the C�ty
1V,[anager may des�gnate, are hereby approved and mcorporated herein and made a part
h�reof for all purposes The Praperty Appearance Guidel�nes shall be periadically
r�viewed by the H�stortcal Landmark Comm�sstan and des�red changes by the
Gommission to such $uidel�nes shall bs recommended to the City Cauncil Any changes
tq the Property Appearanee Guidel�nes shall not be effect�ve until such changes are
approved by the City Council The City Council may dsrect the C�ty Manager or the
Preservat�on Officer to propose certa�n changes to the Property Appe�rance Guidelines
but such changes shall nat be adopted by City Counc�l without a recommendation from
the Histonc Landmark Commission
Sec 10-137 ALTERATI�N �R DESTRUCTI4N
(,�) Duririg the exemption period, if the Preservation Officer or a member of the
Hlstonc Landmark Commissian has reason to bel�eve that an exempted structure has
been altered or tota�ly or partially destroyed by the w�llful act or negl�gence of the awn�r
or hss representative, the Preservat�on �fficer shall immediately cause the matter to be
scheduled for the earliest poss�ble cons�deration by the G�ty Council If, after giving
notice and hearing to the owner, the City Council determines that the exempted structure
has been totally or part�ally destroyed or altered by the willful act or negligence of the
owner or his representatt�ve, the own�r shall immediately repay to the C�ty ali aF the tax
r�venues that w�re not paid because of the exemption plus interest calculated at an annual
r�te of seven percent (7%}
PAGE 4
A L4HAR�lD0+7V.UU0urpocumdW4ardln�w�9Y�Hldaic AhMmx�.dar
EXHIBIT 1
($) Where an exempted structure is totally or partially destroyed or altered by other
than the willful act ar negligence of the owner or kus representat�ve, the owner shall,
whenever %as�bje, request a building permit to reconstruct the h�storically significant s�te
m accordance wrth plans and specificatians {plans) that comply with the Property
Appearance Guzdelines and bwldmg and development cades af the City of Denton The
cost of Renovation is hereby deemed Feasible when destruction or alterat�on �s fifty
p�rcent {5U%) or less of �he assessed ad valorem tax value of the bulldang wrthout
d�duction for the abatement hereunder The plans for the structure must be �pproved by
the Preservation Of�icer or designee If there is any question that ths plans da not comply
w�th the Property Appearance Guidelines the Histanc Landmark Cammissian shall
determine if such plans are in comp��ance wath such gu�del�nes A dec�s�an by the
Commisszan, denying the tssuance of the build�ng permit for failure of the plans to
comply with the Properiy Appearance Gu�de�mes, may be appealed by the owner to the
City Council If rebuildtng aetrvities are not compieted w�thin one (1) year of the damage
ta the structure, the repayment of the tax revenues not pa�d because of the exempt�on
shall be required as set farth m subsection (a) above, unless City Council grants an
extension for such permrts
(C} If the owner of a damaged histor�c structure exempted under this Article applies
for a demol�t�on permit, the build�ng offic�al shall follow the regulations contained �n
Sec 35-220 (Demolit�on or removal of histonc landmarks} of the Zomng Chapter, as
amended, in pracessing such p�rmrt In cases where a demolttion permi# �s tssued by th�
Crty because renovat�on �s nat %asible, repayment of tax revenue is not required
(D) If the owner of a historic structure which �s damaged by a w�llful or n�gligent act
of �he owner or hts representative has such structure demol�shed or such structure is not
r�pa�red w�th�n one (1) year of the damage, such owner w�l! not be eligible for future
abatement unless a revised applicat�on for such structure �s approved by the C�ty Council
Sec 10-138 TRANSFERABILITY TO FUTURE OWNER(S}
If the tax exemption certificate executed by the City Manager per Sec 10-135 �s timely
recorded by the Owner of the structure in the Deed Records of Denton County w�th the
appraved application, the tax exemption authonzed above shall const�tute a covenant
running wrth the land %r the ten (10) year per�ad prov�ded �n thrs art�cle Should the
owner of the structure ever cease to comply w�th the terms of the appl�cation and of thas
article during such ten { 10) year per�ad, this abatement may be revoked for the years
retna�mng with�n such ten (10) year period, upon the iinding oi such mcompliance by the
Crty CaunciI, after grvxng natice and hearing to the owner The Crty Manager or his
des�gnee shall advise the Chief Appraiser oi the Denton County Appraisal D�strict of the
revocation af the abatement and shall file an appropnate document in the Deed Records
of Denton County revaking the tax exemption
PAGE 5
8 4Our Daumatlt�0e�inM1tp19Rt[UMarle Abetanal.doc
Sec 10-139 AUTHORITY OF CHIEF APPRAISER
EXHIBIT 1
The ch�ef appraiser for the county appraisal district shalt det�rmine that portion of land
which is teasonably necessary for access to and use of t��stor�c structures for which
applications for ex�mptions are granted and shali assess for taxation atl such excess land
ir� the same equal and umform manner as a!1 other ta�cable proper�ies in the C�ty It shakl
b� m the d�scretion of the chief appraiser as to whether or not owners of histoncally
significant structures under tlus art�cle must file an application w�th such appraiser's
a#�'ice annually to obta�n the exempt�on granted above or if one appl�cat�on can be
executed by the owner of the historically significant structure to obta�n the ten (10) year
histonc exemption
Sec 1Q-140 USE IN CONJUCTION WITH OTHER TAX INCENTIVES
At #he discret�an ai City Council, the tax abatement pravided in this article may be used
in con�unction wrth tax abatements far Histanc Landmark zon�ng as provided �n Article
VI Chapter 10 af the Denton Crty Cade The appl�cant must meet all requirements for
each tax aba#ement separately in order ta be cons�dered for both abatements
Thts tax abatement may be used in con�unctian wrth other types of abatements that may
be developed in the fitture, unless otherwise prohibited by statute or by ardinance
Sec 10-141 DEFIi�TITIONS
Should the exact meanmg oFterms contained in this article be in dispute, the meaning of
such terms as utiliaed in the tnterpretation or defin�t�on of such terms �n Art�cle V
"�i�storic Landmark Preservation and Histor�c Districts" of Chapter 35 (Zoning) of the
City Code, as amended, or �n this Chapter shall contro!
SECTI(�N II That if any section, subsection, paragraph, sentence, clause, phrase or
word zn thrs ord�nance, or appl�cat�on thereof ta any person or circumstances �s hsld invalid by
any court oi competent Jurisdxctton, such holdmg shall not affect the validity of the remaming
port�ons of this ordinance, and the City Caunc�l af the C�ty of Denton, Texas hereby declares rt
would h�ve enact�d such remaming parttons despite any such �nvalidrty
SECTION �.I That save and except as amended hereby, all the prov�s�ons, sect�ons,
subsections, paragraphs, sentences, clauses, and phrases of Chapt�r 10 of the Code of Ord�nances
shall remain in full force and effect
SECTIO�T_ IV That th�s ordinance shall become effective fourteen (14) days from the
date of its passage, and the C�ty Secretary is hereby d�rected to cause the captian of th�s
ordinanGe to be published twice in the Denton Record-Chran�cle, a daily newspaper published in
the City of Denton, Texas, w�thm ten (1 Q) days af the date of �ts passage
PAGE b
s wu.nocummutora�ncw198�ll�rtaio AUata��+Y.aoe
EXHIBIT 1
PAS SED AND APPR4VED thts the v�r/ �day of �/'�1 �G � 998
ATTEST
TENNIFER WALTERS, CITY SECRETARY
A
AP OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
, / �
.
JAC LLER, MAYOR
PAGE 7
EXHIBIT 2
Application for Historic Structure Property Tax Abatement
From the City of Denton, Texas
(For property located within the Downtown Commercial District as provided for by city ordinance 98-116.)
Property Address_
Legal Description
Owner(s)
Mailing Address_
Phone
Date of original construction of buildi
Tax Valuation (effective prior to start date of rehabilitation project)
Start date of rehabilitation
Estimated completion date
.........................................................................................�
I certify that I am the legal owner of the aforementioned property.
I attest that the information listed above is true and complete to the best of my knowledge.
I attest that this property meets the eligibility requirements for an abatement of taxes as provided for by the City of Denton
Ordinance 98-116, as follows:
The property is located within the boundaries of the Downtown Main Street Commercial District;
The property is at least 50 years old;
The estimated cost of the rehabilitation project will equal or exceed 25% of the most recent assessed ad valorem tax
valuation of the structure or $20,000, whichever is less. Roof repair or replacement may comprise no more than 50% of
the minimum threshold amount necessary to qualify for tax abatement;
A tax certificate showing that all taxes due upon the property have been paid is attached to this application;
A proposal listing all aspects of the planned rehabilitation will be submitted to the Historic Preservation Officer for
review by Denton Historic Landmark Commission for compatibility with the Property Appearance Guidelines. I will
submit an agreement for a Certificate of Appropriateness for any exterior modifications to the property for the duration
of the period during which the tax abatement is in effect;
I authorize the City Manager or designee, Historic Landmark Commissioners and elected officials to visit and inspect the
property as needed to complete this application and certification process as set forth in the ordinance.
Signature of property owner(s)
Date
Notarized By
EXHIBIT 3
Properties eligible to receive a Historically Significant Structure Tax Abatement
Ordinance date Address
5/1/1999 114-116 N. Locust Expired
5/1/1999 115-117 N. Austin Expired
12/1/2001 525A S. Locust Expired
12/1/2001 525B S. Locust Expired
6/1/2005 208 W.Oak
11CODAD1DepaetmentslLegallOur pocumentsl0rdinances1141Historic Abatemeni Amendment.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTQN, TEXAS, AMENDING ARTICLE VII,
CHAPTER 10 "F�NANCE AND Tr�XATION" OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON TO EXPAND ELIGIBLITY FOR A TAX EXEMPTION FOR
HISTORICALLY SIGNIFICANT SITES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAViNGS CLAUSE AND PROVIDING FOR AN EFk'ECTIVE DATE.
WHEREAS, Article 8, Section 1-F of the Texas Constitution and Section 11.24 oi the
Texas Prope�ty Tax Code enable the City of Denton to exempt from taxation part or a11 of the
assessed value of certain historically significant sites in need of tax relief to encourage their
preservation; and
WHEREAS, the City Council of the City of Denton finds such t� relief is needed to
encourage the preservation of historic structures and sites within the Downtown Corr�nercial
District of the City af Denton, commercial buildings within historic distaricts, historic
conservation districts or any commercial building that the City Council deems historic or in ne�d
of preservation; and
WHEREAS, the Czty Council also finds that such tax relief will provide econort�ic
incentive to develop projects in historic buildings worthy of preservation; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. Section 10-133 of Article VII, Chapter 10, "Finance and Taxatio�" of the
Code of Ordinances of the City of Den�ton, Texas, is hereby amended to read as fo�lows:
ARTICLE VII. TAX EXEMPT�ON FOR HISTORICALLY SIGNIFICANT SITES
5ec. 10-133. APPLICATION PROCESS.
Applicatians for a historically significant site tax exempt�on pursua�t to this a.rticle are to
be f led with the �reservation Officer (ar such other city off cial designated by the City
Manager) of the City of Denton, who shall be tl�e agent for the City o-F Denton for the
purposes of administering tl�is article. Each application must be signed by the owner of
the praperty, be acknowledged before a notary pubiic and shall:
1. State the legal description nf the property propased for Certification;
2. Include an affdavit by the nwner stating thE structwre is SO years oId or older and is
located within the Downtown Commercial District of the City o£ Denton,
commercial buildings within historic districts, historic conservation districts or any
commercial building �hat the City Council dee�ns historic or in need of
preservation;
3. Include detailed plans an.dJor descriptions of the proposed work demonstrating
rehabilitation is in accordance with the cur�rent Property Appearance Guidelines
adopted by ardinance of the City Council;
11CODAbibepnriment��i,egallOur pocumrnt�Oxdinances1141Hisioric A6aza:iarc Amaidnient.doc
4. Include cast estimates indicating the repair or rehabilitation of the exterior of the
buzlding will equal or exceed 2S% of the mast recent assessed ad �alorem tax
valuation of tl7e structure ar $20,000, whichever is less. Roof xepair or replacement
may camprise no more thazi 50% of the minimum threshald amount nec�ssary to
quali�y for tax abaiement;
5. Include a projection of the estimated canstruc�ion time and predicted corr�pletion
date of the histaric repair or rehabi�i�ation;
b. Authorize the rz�embers of the Histaric Landzz�ark Commission, tr�e City Manager or
designee, and elected offzcials to visit and inspect the property proposed for
Certification ta verify t�aat it is in need of substantial repair or rehabilitation and to
verify repair ar rehabilitation;
7. Sign an agreement to submit an applicatian for a Certif cate of Appropriateness to
determine compliance with Property Appearance Guidelines for any exterior
modifications �o the property for the duration of the period during which the tax
abatement is in effect;
S. Include a tax certificate showing all taxes due upon the property have been paid;
and
9. Pravide any additional informaiion to the Historic Landmark Commission which
the owner or Committee deems relevant ar usefiil, such as the history of the
structure, access to the structure by the public, or any proposed changes in use of
the structure.
Each application shall cantain sufficient documentatio� confirming or supporting the
information submitted therein.
SECTION 2. Sec�zon 1D-136 of Article VII, Chapter 10, "Finance and Taacation" of ihe Code of
Ordinances ofthe City of Denton, Texas, is hereby amended to read as follows:
Sec. 10-136. PROPERTY APPEARANCE GU�DELINES
The Property Appearance Guideline,s on file in the of�ice of the Preservation Officer,
the PIanning Department and such other office as the City Manager may designate, are
hereby approved and incorporated herein and made a part hereof for all puzposes. The
Property Appearance Guidelines sha�l be penodically reviewed by the Histarical
Landmark Commissian and desired changes by the Coznmission to such guidelines shall
be recommended to th� City Coumcil. Any changes to the Property Appearance
Guidelines shall not be effective until such changes at�e approved by the City Council.
The City Cauncil may direct t11e City Manager or the Preservation Off cer to propose
certain changes ia the Propei-�y Agpearance Guide�ines but such changes shall not be
adopted by City Council without a recommendation from the Historic Landmark
Commission.
�ECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in
�hxs ordinance, or application thereof to any person or circunastances is held invalid by any court
of coa�xipetent jurisc�iction, such holding sha11 not affect the validiiy af the remaining portions af
this ordinance, and tt�e City Council of tb.e City of Denton, Texas hereby declares it would have
en.acted such remaining portions despite any such invalidity.
PAGE 2
15CpDADIDCpaitmcnlalL.egall0u� Documenu50rdinancesy141His[oric Atatement Amendmerd.dx
�ECTI4N 4. Save axid except as amended hereby, ail the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of Chapter 10 0� the Code of Ordinances
shall remain in full �orce and effect.
SECTION 5. This ordinance shall become effective fourteen ( I4) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
publisned twice in the Denton Record-ChronicIe, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date o£ its passage.
PASSED AND APPRQVED this the day of 2014.
ATTEST:
JENNIFER WALTERS, CTTY SECRETARY
:•
APPROVED AS TO LEGAL �'ORM:
ANITA BURGES S, CITY ATTORNEY
BY:
PAGE 3
MAR.K A. BURROUGHS, MAYOR
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Economic Development �
ACM: John Cabrales, Jr.
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas, replacing a
policy for tax abatement for the City of Denton to establish guidelines and criteria governing
incentive agreements and tax abatement agreements; and declaring an effective date.
BACKGROUND
The City of Denton first adopted a Tax Abatement Policy in 1989. The City is required to
renew/adopt a Tax Abatement Policy every two years in accordance with Chapter 312 of the
Texas Tax Code. The current policy is up for renewal. The City Council and the Economic
Development Partnership Board have indicated an interest in broadening the policy to apply
Chapter 380 of the Texas Local Government Code to implement a wider range of incentive
programs.
This joint meeting of the City Council and the Economic Development Partnership Board will
allow for a more detailed discussion about possible incentive programs, targeted recruitment
initiatives, and economic development strategies.
PRIOR ACTION/REVIEW
On March 28, 2014, the City Council discussed incentive programs in a Work Session.
On April l, 2014, the Economic Development Partnership Board discussed incentive programs.
Both the Council and the Board gave staff direction to continue pursuing a broader policy and to
further explore creative incentive programs.
On Apri17, 2014, during a joint meeting of the Economic Development Partnership Board and the
City Council, a draft policy was presented and staff was given direction to proceed with the new
policy.
FISCAL IMPACT
The City of Denton utilizes incentives in order to increase investment in the community. All
incentives are calculated based on a return-on-investment analysis and are considered by the City
Council on an individual basis.
Agenda Information Sheet
Page 2
May 6, 2014
RECOMMENDATION
Staff recommends approval.
EXHIBITS
Exhibit 1- 2012 Tax Abatement Policy (R2012-009)
Exhibit 2— Redlined 2014 Tax Abatement and Incentive Policy
Exhibit 3— Tax Abatement Resolution and Policy
Respectfully submitted,
�'� � � � � �� �
Aimee Bissett
Economic Development Director
S:U_.egall0ur pocumentslResolutions1121Tax Abatement Policy.docx
RESOLUTION NO. R2� 12-009
EXHIBIT 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO
ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT
AGREEMENTS; AND DECLARiNG AN EFFECTIVE DATE.
WHEREAS, on June 6, 2000, the City Council adopted guidelines and criteria, known as
the Denton Policy for Tax Abatement (sometimes referred to as "Policy"), passing by Resolution
No. R2000-028; and
WHEREAS, on May 1, 2001, the City Council amended the Policy to allow waiver of the
five million dollar threshold and the maximum tax abatement percentage; to define professional
positions; to make other changes as set forth in the amended Policy; and
WHEREAS, on August 19, 2003, the City Council amended the Policy to make
additional changes in the Policy and under the provisions of the Tax Code the Policy expired on
August 19, 2005; and
WHEREAS, on December 6, 2005, the City Council amended the Policy to make
additional changes in the Policy and under the provisions of the Tax Code the Policy expired on
August 19, 2005; and
WHEREAS, in accordance with Chapter 312 of the Texas Tax Code requiring that tax
abatement policies be adopted every two years, the Policy was adopted on February 5, 2008; and
WHEREAS, on Apri120, 2010, the City Council axnended the Policy to make changes in
the Policy and under the provisions of the Tax Code the Policy expired on February 5, 2010; and
WHEREAS, the City Council desires to promote economic development within Denton;
F'��f:l
WHEREAS, providing tax abatement and other economic development incentives within
the City and its extraterritorial jurisdiction will likely contribute to the economic development of
Denton by encouraging major investment, the creation of jobs, and other economic development
benefits; and
WHEREAS, the Property Development and Tax Abatement Act, Chapter 312 of the Tex.
Tax Code, allows the city to establish its own criteria for tax abatement and the City has
previously adopted guidelmes for tax abatement by passing resolutions Nos. R90-018, R98-004,
R2000-028, R2001-020 and R2003-021, R2005-057, R2008-003, R2010-009; and
WHEREAS, the City Council deems it in the public interest to continue to be eligible for
participation in tax abatement and to adopt policies, guidelines and criteria governing tax
abatement agreements to be lcnown as the Denton Policy for Tax Abatement; NOW,
THEREFORE,
EXHIBIT 1
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The polices, guidelines and criteria found in the Denton Policy for T�
Abatement, attached hereto as Exhibit A and made a part of this Resolution and incorporated
herein for all purposes, are in all things approved and adopted. From and after the effective date
of this Resolution, the attached Denton Policy for T� Abatement shall constitute policy
guidelines and criteria governing tax abatement agreements for the City of Denton in accordance
with Chapter 312 of the Tex. Tax Code.
SECTION 2. Pursuant to Tex. Tax Code Section 312.002(c) the guidelines and criteria
adopted herein shall be effective for two (2) years, during which time the guidelines may be
amended or repealed by a vote of 3/4 of the mernbers of the Council.
SECTION3. The City Council hereby reasserts its decision to become eligible to
participate in tax abatement. The City Council provides certain tax incentives applicable to
business enterprises in various reinvestment zones which are established in the City, in
accordance with the applicable provisions of Chapter 312 of the Tex. Tax Code and in
accordance with the guidelines and criteria established in the attached Exhibit A and in the
amended Policy.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval at the regular meeting of the City Council of the City of Denton, Texas, on the 20th day
of April, 2010, at which meeting a quorum was present and which meeting was held in
accordance with the provisions of Tex. Gov.'t Code §551.001, et seq.
PASSED AND APPROVED this the 17th day of April, 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 1�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � ��
2012 Tax Abatement Policy EXHIBIT A
DENTON POLICY FOR
TAX ABATEMENT
I. GENERAL PURPOSE AND OBJECTIVES
EXHIBIT 1
The City of Denton (City) is committed to the promotion of high quality development in all parts of
the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these
objectives are generally served by the enhancement and expansion of the local economy, the City
will, on a case-by-case basis, give consideration to providing tax abatement as a stimulus for
economic development in Denton. It is the policy of the City that said consideration will be provided
in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply
or suggest that the City is under any obligation to provide tax abatement to any applicant.
All applicants shall be considered on a case-by-case basis. Abatements will not be considered if
construction of a project already has begun.
Tax abatements, as described in this Policy, will be available for businesses wanting to locate, expand or
modernize, existing or new facilities and structures, including, without limitation, basic industries,
corporate office headquarters or distribution centers, except as this Policy may be limited for property
described in Section 312.211(a) of the Texas Property Tax Code (Vernons Texas Civil Statutes
Annotated, hereinafter referred to as "Tax Code.")
II. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
Requests for tax abatement shall be reviewed by the Econornic Development Partnership (EDP) board,
on a case-by-case basis unless otherwise directed by City Council, the EDP board being comprised of
two City Council members, two Chamber of Commerce board members, two representatives from the
top twenty ta�cpayers, one representative from the University of North Texas, one member with aviation
experience, and one member at-large.
The EDP board serves as a recommending body to the City Council regarding whether economic
development incentives should be offered in each individual case. Its recommendation sha11 be based
upon an evaluation of information submitted in the tax abatement application and any additional
information requested by the EDP board or presented to the EDP board. The Tax Abatement
Application sha11 be substantially in the form of Exhibit A of this Policy. All meetings of the EDP
board shall be held in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas
Government Code.
III. VALiTE OF INCENTIVES
The criteria outlined in the Application will be used by the EDP board in determiniilg whether or not it
is in the best interests of the City to recommend that tax abatement be offered to a particular project.
Specific considerations will include the degree to which the individual project furtliers the goals and
objectives of the cornmunity as described in the Denton Comprehensive Plan, as well as the relative
impact on growth, employment, expansion of the t� base, econornic development and human health
2012 Tax Abatement Policy EXHIBIT 1
and the environment. New, expanding and modernizing businesses may be considered for abatement if
the minimum threshold, as described in Table 1 below, is met.
Once a determination has been made that a project is eligible for a tax abatement, the value and term of
the abatement may be determined by referencing the following table:
TABLE 1: Establishes a framework for considering the length and percentage of abatement
according to assessed properry value of improvements and of tangible personal property located on the
real property.
VALUE OF STRUCTURE
AND PERSONAL PROPERTY yEARS OF PERCENTAGE OF
1N MILLION DOLLARS ABATEMENT ABATEMENT
100 10 25%
80 9 25%
65 g 25%
50 7 25%
35 6 25%
20 5 25%
15 4 25%
10 3 25%
5 2 25%
To qualify, companies must meet the minimum threshold of the Policy in the first 24 months from the
execution of the agreement or as specified in the tax abatement agreement.
If upon initial application a project qualifies for tax abatement under the guidelines set forth in this
Policy, the City may consider granting an additional5% abatement for each one of the following factors
provided, however, that the total tax abatement does not exceed 50% annually or continue for a period
of more than ten years. No applicant may receive credit for more than five of the following factors:
■ The project will occupy a building that has been vacant for at least two years;
■ The project will create high-skilled, high-paying jobs as documented by the applicant; (A
breakdown of number of jobs per job classification and enhy level wage per classification will
be used to determine eligibility);
■ The project will involve a significant relationship with one of the two universities in Denton;
■ At least 25% of the new jobs created by the project will be filled by Denton residents;
■ A minimum of 25% of local contractors and local subcontractors will be utilized during
construction of the project;
■ The project will provide knowledge-based jobs (at least 25
bachelors degree at entry level);
■ The project will donate significant public art to the cornmuniTy
approved by Greater Denton Arts Council and City Council);
Page 2 of 17
percent of jobs require college
(To qualify, donation must be
2012 Tax Abatement Policy
EXHIBIT 1
■ The project will donate significant materials/equipment to the public schools (to qualify,
donation must be approved by DISD and City Council);
■ The project will create improvements to the Denton Downtown Implementation Plan area;
■ The project will result in the formation of a business park;
■ The project is an international or national headquarters facility.
■ The proj ect is a medical manufacturing or research facility.
■ The project incorporates significant environmentally sustainable practices that includes:
Leadership in Energy and Environmental Design (LEED) certification, recycling initiatives, the
manufacture of sustainable materials or products that support sustainable industries, or the
incorporation of clean technology.
■ Renewable Energy will be generated, stored or utilized for the project on an ongoing basis;
■ The applicant is committed to actively supporting the Denton Community.
The total t� abatement may not exceed 50% annually for ten years. All abatements are subject to final
approval of the City Council. Even though a project may meet the criteria as set forth in this
Policy, an application may be denied at the discretion of the City. Tax abatement shall not apply to
any portion of the land value of the project. The thresholds as described in Table 1 are considered
guidelines for establishing the Tax Abatement Agreement terms. However, the City may determine that
a lower or higher percentage and/or a shorter or longer term of abatement may be more appropriate for
an individual project. If the abatement is approved, the City may consider applying all or a portion of
the abatement in the first year or during any shorter period within the term of the tax abatement
agreement. For example, an approved abatement of 25 percent for four years may be applied as 100
percent abatement for one year.
When the City of Denton detertnines that incentives are required to retain existing businesses, which
propose to improve or redevelop property within the City limits, the Denton City Council may consider
these "special projects" on a case-by-case basis and reserve the right to waive the minimum threshold
and/or exceed fifiy percent (50%) in tax abatement. The City of Denton may also take into
consideration as "special projects" the expansion/redevelopment of existing businesses that create new
or additional professional jobs. New or existing businesses that incorporate environmentally sustainable
practices or have a renewable energy component may also be considered "special projects." Abatement
hereunder will only apply to the increased valuation of the improvements over the appraised value of the
property prior to such improvements as same is established by the Denton Central Appraisal District the
year in which the tax abatement agreement is executed. The City may also consider other tax incentives
authorized by law.
Definitions:
Local contractors and local sub-contractors refers to vendors that have their "principal office or place
of business," as reported to the Texas Secretary of State Office, located within Denton City Limits or
Extraterritorial Jurisdiction (ETJ). The minimum requirement of 25%, to be eligible under this
consideration, will be based on the estimated construction valuation of the project.
Knowledge-based jobs are defined as occupations which:
• Require specialized and theoretical knowledge, usually acquired through a college education
or through work experience or other training which provides comparable knowledge;
• Require some research, analysis, report writing and presentations;
Page 3 of 17
2012 Tax Abatement Policy EXHIB IT 1
• Require special licensing, certification, or registration to perform the job task;
A Business Park is defined as a multi-building, multi-tenant, master planned complex of approximately
one million square feet or more under roof, constructed to house manufacturing, distribution, assembly,
and office facilities.
Leadership in Energy and Environmental Design (LEED) certification is a voluntary
internationally recognized green building certification system, with verification by a third-party that a
building or community was designed and built using strategies aimed at improving performance
across the following metrics:
• energy savings
• water efficiency
• COZ emissions reduction
• improved indoor envirorunental quality
• stewardship of resources.
The certification levels consist of the following: Basic, Silver, Gold and Platinum and are weighted
on a 100 point system. The LEED system measures: innovation in design; sustainable sites; water
efficiency; energy and atmosphere; materials and resources; indoor environmental quality; and
locations and linkages.
The manufacture of sustainable materials or products may include but is not limited to: biobased,
recyclable and reclaimed goods. Denton is located in an air quality nonattainment region designated
by the Environmental Protection Agency for air pollution levels that continually exceed national
standards. Products and equipment that support sustainable industries or clean technologies that
reduce environmental pollution are encouraged and may qualify for consideration under this section.
Community support and involvement may include but is not limited to monetary or active investment in
local non profits, public institutions or community organizations. Membership and participation in a
Denton chamber of commerce is an example that may qualify under this consideration. The EDP board
will consider criteria proposed by the applicant, review and make a recommendation on the eligibility of
the applicant's community support and recommend whether an additional five percent should be added
to the overall incentive percentage.
When the City determines that abandoned property may require additional incentives to promote
economic development that generally satisfies the requirements of this Policy, the City may waive the
minimum threshold and/or exceed fifty percent (50%) in tax abatement, or consider other tax incentives
for special projects to redevelop abandoned buildings consistent with existing law. For the purpose of
this Policy, an abandoned building is defined as a building that has been identified as being suitable for
commercial or industrial development, has been vacant for a minimum of five-years ar has substantially
declined in appraised value. Abatement would only be considered on the increased valuation of the
improvements in each year covered by the tax abatement agreement over the value of the property for
the year in which the tax abatement agreement is executed. The City may also consider other t�
incentives authorized by law.
Page 4 of 17
2012 Tax Abatement Policy
Preliminarv Anplication
IV. PROCEDURAL GUIDELINES
EXHIBIT 1
Any person, organization or corporation desiring that the Ciiy consider providing tax abatement to
encourage location or expansion of facilities within the limits of the jurisdictions shall be required to
comply with the following procedural guidelines. Nothing within these guidelines shall imply or
suggest that the City is under any obligation to provide tax abatement to any applicant.
A. Applicant shall complete the attached "Application for Tax Abatement."
B. Applicant shall prepare a map or other documents providing the following:
■ precise location of the property and all roadways within 500 feet of the site
■ existing uses and conditions of real property
■ proposed improvements and uses
■ any proposed changes in zoning .
■ compatibility with the Denton Comprehensive Plan and applicable building codes and
City ordinances.
■ A complete legal description.
C. Applicant shall complete all forms and information detailed in the Application and submit
all information to the City Manager (or his/her designee), City of Denton, 215 E. McKinney,
Denton, TX 76201.
D. All information in the application package detailed above will be reviewed for completeness
and accuracy. Additional information may be requested as needed.
E. The application will be distributed to the appropriate City departments for internal review
and comments. Additional information may be requested as needed.
F. Copies of the complete application package and staff comments will be provided to the EDP
board.
G. Fiscal agents of the City will review the application for comments and recommendation.
Additional information may be requested as needed.
Consideration of the Apulication
H. The EDP board will consider the application at a regular or called meeting(s). Additional
information may be requested as needed.
I. The recommendation of the EDP board will be forwarded, with all relevant materials, to the
City Council.
J. If the City Council decides to grant a tax abatement, it shall call a public hearing to consider
establishment of a tax reinvestment zone in accordance with Section 312.201 of the Tax
Page 5 of 17
2012 Tax Abatement Policy
EXHIBIT 1
Code. The reinvestment zone must meet one or more of the criteria of Section 312.202 of
the Tax Code.
K. The City Council may consider adoption of an ordinance designating the area described in
the legal description of the proposed project as a commerciaUindustrial tax abatement zone.
L. The City Council may consider adoption of an ordinance or resolution approving the terms
and conditions of a contract between the City and the applicant governing the provision of
the tax abatement and the commitments of the applicant, including a11 the terms required by
Section 312.205 of the Tax Code and such other terms and conditions as the City Council
may require. Should the commitments subsequently not be satisfied, the taa� abatement shall
be null and void (unless the tax abatement agreement provides for a recapture of the property
tax revenue lost proportionate to a partial failure to meet the minimum thresholds set forth in
the agreement) and all abated taxes sha11 be paid immediately to the City of Denton.
Provisions to this effect sha11 be incorporated into the agreement.
N. The City reserves the authority to enter into tax abatement agreements at differing
percentages and/or terms as set forth in the guidelines of this Policy, consistent with the
requirements of the Tax Code.
Any tax abatement agreement will address various issues, including but not limited to, the following:
1. General description of the project
2. Amount of the tax abatement and percent of value to be abated each year
3. Method of calculating the value of the abatement
4. Duration of the abatement, including commencement date and termination date
5. Legal description of the property
6. Kind, number, location and timetable of planned improvements
7. Specific terms and conditions to be met by applicant
8. The proposed use of the facility and nature of construction
9. Contractual obligations in the event of default, violation of terms or conditions, delinquent
taxes, recapture, any decrease in valuation, administration and assignment
Annual Evaluation
Upon completion of construction, the City Council shall receive from the City Manager (or his/her
designee) an annual evaluation of each abatement to insure compliance with the agreement and to report
possible violations of the agreement to the appropriate t�ing entities. After new tax base numbers are
received in July of each year, the City Manager and his staff will have ninety (90) days to review and
prepare a breakdown of those figures.
Local Businesses and Historicallv Underutilized Businesses
Businesses receiving a tax abatement are asked to use diligent efforts to purchase all goods and
services from Denton businesses whenever such goods and services are comparable in availability,
quality and price.
The City of Denton also encourages the use, if applicable, of qualified contractors, subcontractors and
Page 6 of 17
2012 Ta�c Abatement Policy EXHIB IT 1
suppliers who are historically underutilized businesses based on information provided by the General
Services Commission pursuant to Chapter 2161 of the Government Code. In the selection of
subcontractors, suppliers or other persons or organizations proposed for work on this Agreement, the
OWNERS agree to consider this Policy and to use their reasonable and best efforts to select and
employ such companies and persons for work on this Agreement.
Job Recruitin� from Low-Moderate Income Census Tracts
Businesses receiving tax abatements are asked to endeavor to make available, or endeavor to cause
lessees or assignees to make available, full-time or part-time employment with on-the job training for
Denton citizens. In this effort, the business, lessee or assignee is encouraged to recruit from the low-
moderate income Census tracts as further defined by the U.S. Department of Housing and Urban
Development's (HLJD) Qualified Census Tracts (QCT) map shown in Figure 1. HUD defines QCTs
as "census tracts in which one-half or more of the households have incomes below 60 percent of the
area median income or the poverty rate is 25 percent of [or] higher.
Page 7 of 17
2012 Ta� Abatement Policti
FIGURE 1: DENTON, TEXAS
2010-2011 Qualified Census Tracts
,,..,��...r �_� rr�
Page 8 of 18
EXHIBIT 1
� �6's�C"� �131��i1�7�
�i3...3.���1;�d� G�i§S�PS �Sd��S ��t3� �-�{37�� � &
2012 Tax Abatement Policy
EXHIBIT 1
EXHIBIT A
The City of Denton
Tax Abatement Application
About the Application...
The Tax Abatement Application provides the CiLy with specific information on the project. The information
requested in the Application is designed to address the criteria developed within the City of Denton's Tax
Abatement Policy. The information serves as the basis for fiscal analysis and overall project evaluation. This
evaluation is provided to the Economic Development Partnership (EDP) board and Council Members and serves
as a source document during EDP board and City Council deliberations.
The Application and the Agreement...
Specific information from the Application (such as value of new investment and employment commitments) is
incorporated into the Abatement Agreement. In fact, the Application is an attachxnent to the Agreement. Since
the Agreement is a binding contract, it is important that each question on the application be answered in full and
as realistically as possible. Simply put, the application is part of the process from start to finish so you'll want to
make sure you're comfortable with the contents.
When Is TheApplication Final?
The answer to this question is very simple: When you tell us, "It's final." It is not uncommon for a property
owner(s) to submit numerous Applications as drafts for informational and evaluative purposes only. As
conversations continue, the property owner will submit a fmalized version of the Application that includes all of
the commitrnents agreed to during the discussions.
What about Confidentiality7
Section 312.003 of the Texas Tax Code makes confidential information provided to the City as a part of this
application that describes the specific processes or business activities to be conducted or the equipment or other
property to be located on the property. This information is not subject to public disclosure until the tax abatement
agreement is executed. Section 522.131 of the Texas Government Code (Texas Public Information Act) makes
coniidential information which relates to economic development negotiations between the City and a business
prospect that the City seeks to have locate, stay or expand in or near the territory of the City. The information
must relate to a trade secret of the business prospect, commercial or financial information which the business
prospect can demonstrate based on specific factual evidence that disclosure would cause substantial competitive
harm to the person from whom the information was obtained or information about a financial or other incentive
being offered to the business prospect by the City or by another person. Information about a fmancial or other
incentive being offered to the business prospect is required to be disclosed when an agreement is made with a
business prospect. The City is subject to disclosing most records and documents upon request under the Public
Information Act. Accordingly, please clearly indicate and mark any information you consider proprietary.
This would include anything in your application which you consider a trade secret, commercial or
financial information which you can demonstrate by specific factual evidence that would cause substantial
competitive harm if disclosed, information which describes the specific processes or business activities to
be conducted or the equipment or other property for which the tax abatement is sought, any financial or
other incentive you may be seeking from the City or any other information you deem to be confidential
under the law.
Who is Authorized To Sign the Application?
Because the Application itself is non-binding, the person signing need not be the property owner or even an
individual duly authorized to sign on behalf of the property owner. However, if an Agreement is reached, the
Application will be an attachment to the Agreement and its contents will be binding through the authorized
signature required on the Agreement.
Page 9 of 17
2012 Tax Abatement Policy
EXHIBIT A
�IT�
CJF
Ci of Denton
EXHIBIT 1
Tax Abatement A lication
pp
City of Denton
Department of Economic Development
Denton, Texas 76201
(940) 349-7776
(940) 349-8596 FAX
www. cityofdenton. coin
Linda.Ratliff(a)citvofdenton.com
Page 10 of 17
2012 Tax Abatement Policy
APPLICATION FOR TAX ABATEMENT
CITY OF DENTON, TEXAS
Property Owner
Company or Project Name
Mailing Address
Telephone Fax No.
Website
Contact Name
Title
Mailing Address
Telephone Fax No.
Email Address
2. Provide a chronology of plant openings, closing and relocations over the past 15 years.
Provide a record of inergers and financial restructuring during the past 15 years.
EXHIBIT 1
4. Will the occupants of the project be owner ar lessee? If lessee, are occupancy commitments already existing?
Is the project a relocation of existing facility or a new facility to expand operations? If relocation, give
current location.
If an existing Denton business, will project result in abandonment of existing facility? If so, the value of the
existing facility will be subtracted from the value of the new facility to arrive at total project value.
Page 11 of 17
2012 Tax Abatement Policy
7. Properiy Description.
- Attach a copy of the legal description detailing property's metes and bounds.
- Attach map of project including all roadways, land use and zoning within 500 feet of site.
EXHIBIT 1
8. Current Value. Attach copy of latest property tax statement from the Denton County Central Appraisal
District Include both real (land and improvements) and personal properly).
9. Increased Value/Estimated Total Cost of Project.
Structures
$
Personal Property $
Site Development $
Other Improvements $
10. Indicate percent of tax abatement and number of years requested.
Percent Requested Years Requested
List any other financial incentives this project will request/receive
Estimated Freeport Exemption
Estimated Electric Utility Industrial Development Rider
Estimated Water/Wastewater Infrastructure Assistance
$
$
$
11. Give a brief description of the activities to be performed at this location, including a description of products to
be produced and/or services to be provided.
12. Describe any off-site infrastructure requirements:
• Water
• Wastewater
Page 12 of 17
2012 Tax Abatement Policy
• Streets
• Drainage
• Other
13. Project Operation Phase. Provide employment information for the number of years tax abatement is
requested.
EXHIBIT 1
At Project
Existing Start Date At Term of
Employment Information Operation (mo/yr) Abatement
(if applicable) /
A. Total number of permanent, full-time jobs
B. Employees transferred from outside Denton
C. Net permanent full-time jobs (A. minus B.)
E. Total annual payroll for all permanent, full-time
jobs (A.)
F. Types of jobs created. List the job titles and number of positions in each category that will be employed
at the facility. Provide average wage for each category.
G. Indicate the number of shifts the project will operate
Page 13 of 17
2012 Tax Abatement Policy
H. Estimate annual utility usage for project:
Electric
VJastewater
kWh Water
gpd Gas
EXHIBIT 1
gpd
mcf
14. Describe any other direct benefits to the City of Denton as a result of this project (e.g., sales tax revenue or
proj ect elements identif'ied in Tax Abatement Policy, Section III).
15. Is property zoned appropriately? Yes No
Current zoning.
Zoning required for proposed project.
Anticipated variances.
16. Is property platted? Yes No
Will replatting be necessary Yes No
17. Discuss any environmental impacts created by the project.
A. List any permits for which applicant must apply. Applicant will be required to provide City with copies
of all applications for environmental permits upon completion of application(s).
B. Provide record of compliance to all environmental regulations for the past five years.
18. Provide specific detail of any businesses/residents that will be displaced and assistance that will be available
from the requesting company.
19. Provide description of any historically significant area included within the projecYs area as determined by the
Historic preservation Officer. If any, give detail of how the historically significant area will be preserved.
Page 14 of 17
2012 Tax Abatement Policy EXHIB IT 1
20. Justification for Tax Abatement Request: Substantiate and more fully describe the justification for this
request. Include the amount of the abatement requested and show how it will contribute to the fmancial
viability of the project. Submit attachments if necessary.
21. List additional abatement factors to be considered for this project as outlined on pages 3 and 4 of the Tax
Abatement Policy.
Occupies building vacant for at least 2 years Donation of materials to public schools
Project creates high-skilled, high-paying jobs Improvements to Downtown
Significant relationship with universities Project forms business park
25% of new jobs filled by Denton residents International or national headquarters
25°/a local contractors to be utilized Medical manufacturing or research facility
25% of jobs are lrnowledge-based Environmentally sustainable practices used
Donation of significant public art Renewable Energy generated/stored/utilized
Community support and involvement: Attach description of community involvement
22. Financial Information: Attach a copy of the latest audited fmancial statement or, in the case oi a new pro�ect,
a business plan.
23. Does the project have an eligible environmentally sustainable or renewable energy component (if so, please
identify type and provide a brief description)?
24. Applicants seeking LEED certification must complete the Green Building Application for Tax Abatement
(Exhibit B of the policy).
Page15of17
2012 Tax Abatement Policy
EXHIBIT 1
COMPLETE THIS SECTION IF REQUESTING ADDITIONAL INCENTIVE
BASED ON LEED CERTIFICATION CONSTRUCTION
Property Owner
Company or Project Name
Mailing Address
Telephone Fax No.
Website
Contact Name
Title
Mailing Address
Telephone Fa�c No.
Email Address
2. Project location address:
3. Provide documentation that the project has been registered with the U.S. Green Building Council.
Provide a description of the project (please include the building size, number of occupants and estimated
budget).
Attach a preliminary Leadership in Energy and Environmental Design (LEED) Scorecard illusirating how
project will achieve the LEED certification.
Level of Certification:
Number of Points:
Page 16 of 17
2012 Ta�c Abatement Policy
EXHIBIT 1
This Tax Abatement Application is submitted with the acknowledgement that additional information may be required.
Authorized Signature
Date:
Page 17 of 17
� 2014� Tax Abatement Policy
�� r ��: �r
_ ?l� .;1 i 1 '
L GENERAL PURPOSE AND OBJECTIVES
The City of Denion (City) is commiiied io ihe promoiion of high quality developmeni in all paris of
ihe city and io an ongoing improvemeni in the quality of life for iis ciiizens. Insofar as ihese
objeciives are generally served by the enhancemeni and expansion of ihe local economy, ihe City
will, on a case-by-case basis, give consideraiion io providing iax abaiemeni or other incentive as a
siimulus for economic developmeni in Denion. Ii is the policy of ihe City ihai said consideraiion will
be provided in accordance wiih the procedures and criieria ouilined in this documeni. Noihing herein
shall imply or suggesi ihai ihe City is under any obligaiion io provide *^° ^�•�*an incentive io
any applicani.
All applicanis shall be considered on a case-by-case basis. ^�^*°��T,°•�*° Incentives will noi be
considered if construciion of a projeci already has begun.
TaY abaiemenis, as described in this Policy, will be available for businesses waniing io locaie, expand or
modernize, exisiing or new faciliiies and structures, including, withoui limiiaiion, basic industries,
cotporaie office headquarters or distribuiion ceniers, excepi as this Policy may be limiied for properfy
described in Seciion 312.211(a) of the Texas Proper[y TaY Code (Vernons Texas Civil Siatuies
Annoiaied, hereinafter referred io as "TaY Code.")
In addition to tax abatements. the Citp may�rovide altemative or additional incentives to businesses
utilizin� its authority under Chapter 380 of the Texas Loca1 Govermnent Code Q7ereinafter referred to as
"Cha�ter 380.") Chapter 380 of the Texas Local Govemment Code states that a munici�alitv may
establish and provide for the administration of one or more pro�rams for makin� loans and �rants of
public money and providin� personnel and services of the municipality, to promote state or 1oca1
economic develo�ment and to stimulate business and cominercial activitv in the munici�alit�
The Citv of Denton will consider. on a cas�bv-case basis. the use of �rants and loans as incentives to
accolnplish one or more of the followin� economic development obiectives:
^ Develo�ment and diversification of the econolny
^ Elunination of unelnployment or underemployment
^ Expansion of transportation or cominerce
^ Attraction of major investment
° Expansion ofprnnary employment
^ Sti�nulation of a�ricultural innovation �
The Citv of Denton mav establish tar�eted incentive pro�rams to accom�lish one or more of the above
obiectives. Such pro�rams could include, but are not lunited to:
^ Tar�eted industrv cluster or su�plv chain recruitment initiatives a
� Capital grants or loans for start-up and sinall businesses to promote entrepreneursliip
^ Special incentive pro�rams within certain boundaries of the City in order to promote infill
redevelo�ment and attract businesses tliat meet pr�detennined desirable criteria
Formatted: Line spacing: single
Formatted: Font: Not Bold
Formatted: Font: Not Bold
Formatted: Bulleted + Level: 1+ Aligned at:
0.25" + Tab after: 0.5" + Indent at: 0.5"
Formatted: Bulleted + Level: 1+ Aligned at:
0.25" + Tab after: 0.5" + Indent at: 0.5"
� 2014� Tax Abatement Policy
� ^ Grants to offset costs associated with public infrastructure im�rovements and/or im�act fees
° Cash incentives to gain a competitive position when in direct competition for a project
IL ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
� Requesis for iaY abaiemeni or other incentives shall be reviewed by the Economic Developmeni
Partnership (EDP) board, on a case-by-case basis unless otherwise direcied by City Council, the EDP
board being comprised of iwo City Council members, iwo Chamber of Commerce board members, iwo
represeniaiives from the iop iwenty iaYpayers, one represeniaiive from the University of North Texas,
one member with aviaiion experience, and one member ai-large.
The EDP board serves as a recommending body io the City Council regarding whether economic
developmeni inceniives should be offered in each individual case. Iis recommendaiion shall be based
upon an evaluaiion of informaiion submitted in the *^° ^����*°^,°•�*incentive applicaiion and any
addiiional informaiion requesied by ihe EDP board or presenied io the EDP board. The �
^�^*��ar^,°•�*Incentive Applicaiion shall be subsianiially in the form of E�iibii A of this Policy. All
meeiings of the EDP board shall be held in compliance with the Texas Open Meeiings Aci, Chapier 551
of ihe Texas Governmeni Code.
IIL VALUE OF INCENTNES
The criieria ouilined in the Applicaiion will be used by the EDP board in deiermining whether or noi ii
� is in the besi inieresis of the City io recommend thai *.�° ���*�-�^�•�+incentives be offered io a particular
projeci. Specific consideraiions will include the degree io which the individual projeci furthers the goals
and objeciives of the community as described in the Denion Comprehensive Plan, as well as the relaiive
impaci on growth, employmeni, expansion of the iaY base, economic developmeni and human healih
and the environmeni.
1'aX AbatelTleTltS Formatted: Underline
New, expanding and modernizing businesses may be considered for a tax abaiemeni if the minimum
threshold, as described in Table 1 below, is mei.
Once a deierminaiion has been made thai a projeci is eligible for a iaY abaiemeni, the -,�,,,� �•�a ��^„ ��
�following table will serve as a basis
for detennining amount and tenn of abatement
TABLE 1: Esiablishes a framework for considering the length and perceniage of abaiemeni
according io assessed proper[y value of improvemenis and of iangible personal proper[y locaied on the
Ireal property.
Page 2 of 18
� 2014� Tax Abatement Policy
VALUE OF STRUCTURE
AND PERSONAL PROPERTY yEARS OF PERCENTAGE OF
IN MILLION DOLLARS ABATEMENT ABATEMENT
100 10 25%
80 9 25%
65 8 25%
50 7 25%
35 6 25%
20 5 25%
15 4 25%
10 3 25%
5 2 25%
To qualify, companies musi meei the minimum threshold of the Policy in the firsi 24 months from the
execuiion of the agreemeni or as specified in the iaY abaiemeni agreemeni.
If upon iniiial applicaiion a projeci qualifies for iaY abaiemeni under the guidelines sei forth in this
Policy, the City may consider graniing an addiiional 5% abaiemeni for each one of ihe following faciors
provided, however, thai ihe ioial iaY abaiemeni does noi exceed 50% annually or coniinue for a period
of more than ien years. No applicani may receive credii for more than five of ihe following faciors:
■ The projeci will occupy a building thai has been vacani for ai leasi iwo years;
■ The projeci will creaie high-skilled, high-paying jobs as documenied by the applicani; (A
breakdown of number of jobs per job classificaiion and entry level wage per classificaiion will
be used io deiermine eligibility);
■ The projeci will involve a significani relaiionship with one of the iwo universiiies in Denion;
■ Ai leasi 25% of the new jobs creaied by the projeci will be filled by Denion residenis;
■ A minimum of 25% of local contraciors and local subcontraciors will be uiilized during
construciion of ihe projeci;
■ The projeci will provide knowledge-based jobs (ai leasi 25 perceni of jobs require college
bachelors degree ai entry level);
■ The projeci will donaie significani public art io the community. (To qualify, donaiion musi be
approved by Greaier Denion Arts Council and City Council);
■ The projeci will donaie significani maierials/equipmeni io the public schools (io qualify,
donaiion musi be approved by DISD and City Council);
■ The projeci will creaie improvemenis io the Denion Downiown Implemeniaiion Plan area;
■ The projeci will resuli in the formaiion of a business park;
■ The projeci is an iniernaiional or naiional headquarters facility.
■ The projeci is a medical manufacturing or research facility.
■ The projeci incotporaies significani environmenially susiainable praciices thai includes:
Leadership in Energy and Environmenial Design (LEED) certificaiion, recycling iniiiaiives, the
Page 3 of 18
� 2014� Tax Abatement Policy
manufacture of susiainable maierials or producis thai support susiainable indusiries, or the
incotporaiion of clean iechnology.
Renewable Energy will be generaied, siored or uiilized for the projeci on an ongoing basis;
The applicani is commiiied io aciively supporting the Denion Community.
The ioial iax abaiemeni may noi exceed 50% annually for ien years. All abaiemenis are subjeci io fmal
approval of ihe City Council. Even though a project may meet the criteria as set forth in this
Policy, an application may be denied at the discretion of the City. TaY abaiemeni shall noi apply io
any portion of the land value of the projeci. The thresholds as described in Table 1 are considered
guidelines for esiablishing the TaY Abaiemeni Agreemeni ierms. However, the City may deiermine thai
a lower or higher perceniage and/or a shorier or longer ierm of abaiemeni may be more appropriaie for
an individual projeci. If the abaiemeni is approved, the City may consider applying all or a portion of
the abaiemeni in the firsi year or during any shorter period within the ierm of the iax abaiemeni
agreemeni. For example, an approved abaiemeni of 25 perceni for four years may be applied as 100
perceni abaiemeni for one year.
When the City of Denion deiermines thai inceniives are required io reiain exisiing businesses, which
propose io improve or redevelop proper[y within ihe City limiis, the Denion City Council may consider
these "special projecis" on a case-by-case basis and reserve the righi io waive the minimum ihreshold
and/or exceed fifty perceni (50%) in iaY abaiemeni. The City of Denion may also iake inio
consideraiion as "special projecis" ihe expansion/redevelopmeni of exisiing businesses thai creaie new
or addiiional professional jobs. New or exisiing businesses thai incotporaie environmenially susiainable
praciices or have a renewable energy componeni may also be considered "special projecis." Abaiemeni
hereunder will only apply io the increased valuaiion of the improvemenis over ihe appraised value of the
proper[y prior io such improvemenis as same is esiablished by the Denion Central Appraisal Districi the
year in which the iaY abaiemeni agreemeni is execuied. The City may also consider other iaY inceniives
authorized by law.
Chapter 3 80 Incentives
At ti�nes when altemative incentives may be preferable to a taY abatement, the City Council has the
authoritv under Chapter 380 to create a custom incentive in order to accom�lish s�ecific economic
development �oa1s. Chapter 380 incentives will be considered on a case-by-case basis, and may be
considered for one or more of tlie followin� criteria:
^ A certain number of net new iobs with wa�es above Denton's median household income Formatted: a�ueted + �e�ee i+ ni�gr,ed at:
^ The relocation of a com�anv that �romotes the �rowth of tar�eted industrv clusters such as high- o.zs° + Tae arter: os° + Ir,der,t at: os°
tech colnpanies, aviation/aerospace industry, or supply chain clusters that support Denton's
existin�rimarv em�lopers
^ Incentives for businesses that cause infill redevelopment or other desirable development
obiectives
^ Any other activity wluch the City Council detennines meets a specific public purpose for
economic develo�ment
Definitions:
Page 4 of 18
� 2014� Tax Abatement Policy
Local contractors and local sub-contractors refers io vendors thai have their "principal office or place
of business," as reporied io the Texas Secreiary of Siaie Office, locaied within Denion City Limiis or
Extraierriiorial Jurisdiciion (ET�. The minimum requiremeni of 25%, io be eligible under this
consideraiion, will be based on ihe esiimaied construciion valuaiion of the projeci.
Knowledge-based jobs are defined as occupaiions which:
• Require specialized and theoreiical knowledge, usually acquired ihrough a college educaiion
or through work experience or other iraining which provides comparable knowledge;
• Require some research, analysis, report wriiing and preseniaiions;
• Require special licensing, certificaiion, or regisiraiion io perform ihe job iask;
A Business Park is defined as a mulii-building, mulii-ienani, masier planned complex of approximaiely
one million square feei or more under roof, construcied io house manufacturing, distribuiion, assembly,
and office faciliiies.
Leadership in Energy and Environmental Design (LEED) certificaiion is a voluniary
iniernaiionally recognized green building certificaiion sysiem, with verificaiion by a ihird-party ihai a
building or community was designed and buili using straiegies aimed ai improving performance
across ihe following metrics:
• energy savings
• waier efficiency
• COz emissions reduciion
• improved indoor environmenial quality
• siewardship of resources.
The ceriificaiion levels consisi of the following: Basic, Silver, Gold and Plaiinum and are weighied
on a 100 poini sysiem. The LEED sysiem measures: innovaiion in design; susiainable siies; waier
efficiency; energy and aimosphere; maierials and resources; indoor environmenial quality; and
locaiions and linkages.
The manufacture of susiainable maierials or producis may include bui is noi limiied io: biobased,
recyclable and reclaimed goods. Denion is locaied in an air quality nonaiiainmeni region designaied
by ihe Environmenial Proieciion Agency for air polluiion levels ihai coniinually exceed naiional
siandards. Producis and equipmeni thai support susiainable indusiries or clean iechnologies thai
reduce environmenial polluiion are encouraged and may qualify for consideraiion under ihis seciion.
Community support and involvemeni may include bui is noi limiied io moneiary or aciive investmeni in
local non profiis, public insiituiions or community organizaiions. Membership and participaiion in a
Denion chamber of commerce is an example ihai may qualify under this consideraiion. The EDP board
will consider criieria proposed by the applicani, review and make a recommendaiion on the eligibility of
the applicanYs community support and recommend whether an addiiional five perceni should be added
io the overall inceniive perceniage.
When ihe City deiermines thai abandoned proper[y may require addiiional inceniives io promoie
economic developmeni ihai generally saiisfies the requiremenis of this Policy, the City may waive the
minimum threshold and/or exceed fifty perceni (50%) in iaY abaiemeni, or consider other iaY inceniives
for special projecis io redevelop abandoned buildings consisieni with exisiing law. For the putpose of
this Policy, an abandoned building is defined as a building thai has been ideniified as being suiiable for
commercial or industrial developmeni, has been vacani for a minimum of five years or has subsianiially
Page 5 of 18
� 2014� Tax Abatement Policy
declined in appraised value. Abaiemeni would only be considered on ihe increased valuaiion of the
improvemenis in each year covered by the iaY abaiemeni agreemeni over the value of the proper[y for
the year in which the iaY abaiemeni agreemeni is execuied. The City may also consider other iaY
inceniives authorized by law.
Formatted: Left
Preliminary Application
IV. PROCEDURAL GUIDELINES
�Any person, organizaiion or cotporaiion desiring thai ihe City consider providing i�
^�^^*���^,°•�*incentives io encourage locaiion or expansion of faciliiies within the limiis of the jurisdiciions
shall be required io comply with the following procedural guidelines. Nothing within these guidelines
� shall imply or suggest that the City is under any obligation to provide +^° ^h�:�,�.�+°„.^�,*an incentive
to any applicant.
A. Applicani shall compleie the attached '4�=m1�^^*�^����° T� ^�^*��r^,°•�*Incentive
Application."
B. Applicani shall prepare a map or other documenis providing ihe following:
■ precise locaiion of the properfy and all roadways within 500 feei of the siie
■ exisiing uses and condiiions of real properfy
■ proposed improvements and uses
■ any proposed changes in zoning
■ compaiibility wiih the Denion Comprehensive Plan and applicable building codes and
City ordinances.
■ A compleie legal descripiion.
C. Applicani shall compleie all forms and informaiion deiailed in the Applicaiion and submii
all informaiion io the City Manager (or his/her designee), City of Denion, 215 E. McKinney,
Denion, TX 76201.
D. All informaiion in the applicaiion package deiailed above will be reviewed for compleieness
and accuracy. Addiiional informaiion may be requesied as needed.
E. The applicaiion will be distribuied io the appropriaie City departmenis for iniernal review
and commenis. Addiiional informaiion may be requesied as needed.
F. Copies of the compleie applicaiion package and siaff commenis will be provided io the EDP
board.
G. Fiscal agenis of the City will review the applicaiion for commenis and recommendaiion.
Addiiional informaiion may be requesied as needed.
Page 6 of 18
� 2014� Tax Abatement Policy
�
Consideration of the Application
H. The EDP board will consider the applicaiion ai a regular or special-called meeiing(s).
Addiiional informaiion may be requesied as needed.
L The recommendaiion of the EDP board will be forwarded, with all relevani maierials, io ihe
City Council.
J_If ihe City Council decides io grani a iaY abaiemeni, ii shall call a public hearing io consider
esiablishmeni of a iaY reinvestmeni zone in accordance with Seciion 312.201 of ihe TaY
Code. The reinvestmeni zone musi meei one or more of the criieria of Seciion 312.202 of
the TaY Code.
Formatted: No bullets or numbering
K The City Council may consider adopiion of an ordinance designaiing the area described in
the legal descripiion of the proposed projeci as a commerciaUindustrial iaY abaiemeni zone.
L. The City Council may consider adopiion of an ordinance or resoluiion approving the ierms
and condiiions of a contraci between the City and the applicani governing ihe provision of
the iaY abaiemeni or incentive and the commitmenis of ihe applicani, including all the ierms
required by Seciion 312.205 of the TaY Code and such other ierms and condiiions as ihe City
Council may require. Should the commiimenis subsequenily noi be saiisfied, the iaY
abaiemeni or other incentive shall be null and void (unless the iaY abaiemeni agreemeni
provides for a recapture of the proper[y iaY revenue losi proportionaie io a partial failure io
meei the minimum thresholds sei forth in the agreemeni) and all abaied iaxes or other
incentive shall be paid immediaiely io the City of Denion. Provisions io ihis effeci shall be
incotporaied inio the agreemeni.
N. The City reserves the authority io enier inio iaY abaiemeni agreemenis ai differing
perceniages and/or ierms as sei forth in the guidelines of this Policy, consisieni with the
requiremenis of the TaY Code. Tlie City also reserves tlie autliority to enter into incentive
a�reements under Cha�ter 380 of the Texas Local Govermnent Code.
� Any ��° �?��*������*incentive agreemeni will address various issues, including bui noi limiied io, the
following:
L General descripiion of the projeci
2. Amouni of the iax abaiemeni and perceni of value io be abaied each year
3. Method of calculaiing the value of the abaiemeni
4. Duraiion of the abaiemeni, including commencemeni daie and ierminaiion daie
5. Legal descripiion of the properfy
6. Kind, number, locaiion and iimeiable of planned improvemenis
7. Specific ierms and condiiions io be mei by applicani
8. The proposed use of the facility and nature of construciion
9. Contractual obligaiions in the eveni of defauli, violaiion of ierms or condiiions, delinqueni
iaYes, recapture, any decrease in valuaiion, administraiion and assignmeni
Page 7 of 18
� 2014� Tax Abatement Policy
Annual Evaluation
Upon compleiion of construciion andlor other tllreshold criteria, the City Council shall receive from ihe
City Manager (or his/her designee) an annual evaluaiion of each ^'�^��incentive io insure
compliance with the agreemeni and io report possible violaiions of the agreemeni io the appropriaie
iaYing eniiiies. After new iaY base numbers are received in July of each year, the City Manager and his
siaff will have ninety (90) days io review and prepare a breakdown of those figures.
Local Businesses and Historicallv Underutilized Businesses
� Businesses receiving an incentive^ *^° ^��^*°�,°��* are asked io use diligeni efforts io purchase all
goods and services from Denion businesses whenever such goods and services are comparable in
availability, quality and price.
The City of Denion also encourages the use, if applicable, of qualified coniraciors, subcontraciors and
suppliers who are hisiorically underuiilized businesses based on informaiion provided by the General
Services Commission pursuani io Chapier 2161 of ihe Governmeni Code. In the seleciion of
subconiraciors, suppliers or oiher persons or organizaiions proposed for work on ihis Agreemeni, ihe
OWNERS agree io consider ihis Policy and io use iheir reasonable and besi efforts io seleci and
employ such companies and persons for work on ihis Agreemeni.
Job Recruiting from Low-Moderate Income Census Tracts
Businesses receiving *�° ���*�.,,�•,*°incentives are asked io endeavor io make available, or endeavor
io cause lessees or assignees io make available, full-iime or pari-iime employmeni wiih on-ihe job
iraining for Denion ciiizens. In this effort, the business, lessee or assignee is encouraged io recruii
from ihe low-moderaie income Census iracis as further defined by ihe U.S. Departmeni of Housing
and Urban DevelopmenYs (HUD) Qualified Census Tracis (QCT) map shown in Figure L HUD
defines QCTs as "census iracis in which one-half or more of ihe households have incomes below 60
perceni of ihe area median income or ihe poverty raie is 25 perceni of [or] higher.
Page 8 of 18
� 2014� Tax Abatement Policy
FIGURE 1: DENTON, TEXAS
2010-2011 Qualified Census Tracts
i�-it..!!7 �.1�WrR
pag0 9 Of 18
� �fdC:t o1T211:.,ffC
Quatifaed Cer.s�.rts �ra�ts�. r2U7 4 2t13�� 11
� 2014� Tax Abatement Policy
EXHIBIT A
The City of Denton
� '�°° "'°°+��~��+Incentive Application
About the Application...
The T-ax ^�Rf�.-�Incentive Application provides the City with specific information on the project. The
infrnmation requested in the Application is designed to address the criteria developed within the City of Denton's
� T°° ^�°f°�°�°Incentive Policy. The information seives as the basis for fiscal analysis and overall project
evaluation. This evaluation is provided to the Economic Development Partnership (EDP) board and Council
Members and seives as a source document duiing EDP board and City Council deliberations.
TheApplicafion and theAgreement..
Specific information from the Application (such as value of new investment and employment commitments) is
� incoiporated into the ^�~�Incentive Agreement. In fact, the Appiication is an attachment to the
Agreement. Since the Agreement is a binding contract, it is important that each question on the application be
answered in fiill and as realistically as possible. Simply put, the application is part of the process from start to
finish so you'll want to make sure you're comfortable with the contents.
When Is The App&cafion Final?
The answer to this question is very simple: When you tell us, °IPs fina1.° It is not uncommon for a�€t�3=
a�e�.,jbusiness eniitv to submit numerous Applications as drafts frn informational and evaluative puiposes
oniy. As conversations continue, the �a��business entitv will submit a finalized version of the
Application that includes a11 of the commitments agreed to duiing the discussions.
What about Confulenfiality?
Section 312.003 of the Texas TaY Code makes confidential information provided to the City as a part of this
application that desciibes the specific processes or business activities to be conducted or the equipment or other
property to be located on the property. This information is not subject to public disclosure until the t�
°�inceniive agreement is executed. Section 522131 of the Texas Government Code (Texas Public
Information Act) makes confidential information which relates to economic development negotiations between
the City and a business prospect that the City seeks to have locate, stay or expand in or near the tenitory of the
City. The information must relate to a trade secret of the business prospect, commercial or financial infrnmation
which the business prospect can demonstrate based on specific factual evidence that disclosure would cause
substantial competitive harm to the person from whom the infrnmation was obtained or information about a
financial or other incentive being offered to the business prospect by the City rn by another person. Information
about a financial or other incentive being offered to the business prospect is required to be disclosed when an
agreement is made with a business prospect. The City is subj ect to disclosing most records and documents upon
request under the Public Information Act Accordingly, please clearly indicate and mark any information
you consider proprietary. This would include anything in your application which you consider a trade
secret, commercial or financial information which you can demonstrate by specific factual evidence that
would cause substantial competitive harm if disclosed, information which describes the specific processes
�or business activities to be conducted or the equipment or other property for which the �
°'-°���.~°~�incentive is sought, any financial or other incentive you may be seeking from the City or any
other information you deem to be confidential under the law.
Who is Authorized To Sign the Application?
Because the Application itself is non-binding, the person signing need not be the property owner or even an
individual duly authoiized to sign on behalf of the property owner. However, if an Agreement is reached, the
Application will be an attachment to the Agreement and its contents will be binding through the authorized
signature required on the Agreement.
Page 10 of 18
� 2014� Tax Abatement Policy
� t-
� �
City of Denton
� �. . � ., .. . . . .,
�'—�!�1i��:��1!�1�1wJ��lwJ�!
Application
City of Denion
Departmeni of Economic Developmeni
Denion, Texas 76201
(940)349-7776
(940) 349-8596 FAX
www.cityofdenton.com
r �„a� ��*,����`^:'�,��a�•�*�•, � � "Aimee.Bissett(c�citvofdenton.com
Page 11 of 18
� 2014� Tax Abatement Policy
e nnr rr n�rree� �nu �r n� n u n�r��eR��r�rIN�'ENTI�E APPLI�'ATI(3N
CITY OF DENTON, TEXAS
1. Property Owner
Company ar Project Name
Mailing Address
Telephone Fax No.
Website
Contact Name
Title
Mailing Address
Telephone Fax No.
Email Address
2. Provide a chronology of plant openings, closing and relocations over the past 15 years.
3. Provide a recard of inergers and financial restructuring during the past 15 years.
4. Will the occupants of the project be owner or lessee? If lessee, are occupancy commitments already existing?
5. Is the project a relocation of existing facility ar a new facility to expand operations? If relocation, give
current location.
6. If an existing Denton business, will project result in abandonment of existing facility? If so, the value of the
existing facility will be subtracted from the value of the new facility to arrive at total project value.
Page 12 of 18
� 2014� Tax Abatement Policy
7. Property Description.
- Attach a copy of the legal description detailing property's metes and bounds.
- Attach map of project including all roadways, land use and zoning within 500 feet of site.
8. Current Value. Attach copy of latest property tax statement from the Denton County Central Appraisal
District Include both real (land and improvements) and personal property).
9. Increased Value/Estimated Total Cost of Project.
Structures $ I Site Development $
Personal Property $ I Other Improvements $
10. Indicate percent of tax abatement and number of years requested.
Percent Requested Years Requested
List any other financial incentives this project will requesUreceive
Estimated Freeport Exemption I $
Estimated Electric Utility Industrial Development Rider I$
Estimated Water/Wastewater Infrastructure Assistance � $
� Chapter 3&0 Incentive
11. Give a brief description of the activities to be performed at this location, including a description of products to
be produced and/ar services to be provided.
12. Describe any off-site infrastructure requirements:
• Water
• Wastewater
Page 13 of 18
� 2014� Tax Abatement Policy
• Streets
• Drainage
• Other
I13. Project Operation Phase. Provide employment information far the number of �^���€ '"�"�"*�€�n€:�'vears incentive is
requested.
At Project
E�sring Start Date At Term of
Employment Informarion Operation (mo/yr) �'�°f°.a�,r^�Inceniive
(if applicable) /
A. Total number of permanent, full-time jobs
B. Employees transfeired from outside Denton
C. Net permanent full-time jobs (A. minus B.)
E. Total annual payroll far all permanent, full-time
jobs (A.)
F. Types of jobs created. List the job titles and number of positions in each category that will be employed at the
facility. Provide average wage far each category.
G. Indicate the number of shifts the proiect will operate
Page 14 of 18
� 2014� Tax Abatement Policy
H. Estimate annual utility usage far project:
Electric kWh I Water gpd
Wastewater gpd I Gas mcf
14. Describe any other direct benefits to the City of Denton as a result of this project (e.g., sales tas revenue ar
project elements identified in Tax Abatement Policy, Section III).
15. Is proper[y zoned appropriately? Yes No
Current zoning.
Zoning required far proposed project.
Anticipated variances.
16. Is proper[y platted? Yes No
Will replatting be necessary Yes No
17. Discuss any environmental impacts created by the project.
A. List any permits far which applicant must apply. Applicant will be required to provide City with copies
of all applications far environmental permits upon completion of application(s).
B. Provide recard of compliance to all environmental regulations far the past five years.
18. Provide specific detail of any businesses/residents that will be displaced and assistance that will be available
from the requesting company.
19. Provide description of any historically significant area included within the projecYs area as determined by the
Historic preservation Officer. If any, give detail of how the historically significant area will be preserved.
Page 15 of 18
� 2014� Tax Abatement Policy
20. Justification far T�° n�^*�n�°^+Incentive Request Substantiate and more fully describe the justification far
this request. Include the amount of the °�^ ���:�incentive requested and show how it will contribute to the
financial viability of the project. Submit attachments if necessary.
21. List additional abatement factors to be considered far this project as outlined on pages 3 and 4 of the �
r^a,h^*��Incentive Policy.
Occupies building vacant far at least 2 years Donation of materials to public schools
Project creates high-skilled, high-paying jobs Improvements to Downtown
Significant relationship with universities Project farms business park
25% of new jobs filled by Denton residents International ar national headquarters
25% local contractors to be utilized Medical manufacturing or research facility
25% of jobs are knowledge-based Environmentally sustainable practices used
Donation of significant public art Renewable Energy generated/stored/utilized
Community support and involvement: Attach description of community involvement
22. Financial Information: Attach a copy of the latest audited financial statement or, in the case of a new project,
a business plan.
23. Does the project have an eligible environmentally sustainable or renewable energy component (if so, please
identify type and provide a brief description)?
24. Applicants seeking LEED certification must complete the Green Building Application for Tax Abatement
(E�ibit B of the policy).
Page 16 of 18
� 2014� Tax Abatement Policy
COMPLETE THIS SECTION IF REQUESTING ADDITIONAL INCENTIVE
BASED ON LEED CERTIFICATION CONSTRUCTION
Property Owner
Company ar Project Name
Mailing Address
Telephone Fax No.
Website
Contact Name
Title
Mailing Address
Telephone Fax No.
Email Address
2. Projectlocationaddress:
3. Provide documentation that the project has been registered with the U.S. Green Building Council.
4. Provide a description of the project (please include the building size, number of occupants and estimated
budget).
6. Attach a preliminary Leadership in Energy and Environmental Design (LEED) Scarecard illustrating how
projectwill achieve the LEED certification.
Level of Certification:
Number of Points:
Page 17 of 18
� 2014� Tax Abatement Policy
This T�° ^ h^*�n�°^*Incentive Application is submitted with the acknowledgement that additional infarmation may be
required.
Authorized Signature
Page 18 Of 18
S:\Legal\Our pocuments\Resolutions\14\Resolution Adopting Tax Abatement and Incentive Policy.docx
RESOLU"TION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
REPLACING A POI,ICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO
ESTABLISH GUIDELINES AND CRITERIA GOVERNING INCENTNE AGREEMENTS
AND TAX ABATEMENT AGREEMENTS; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on June 6, 2000, the City Council adopted guidelines and criteria; lcnown as
The Denton Policy for Tax Abatement (sometimes referred to as "Policy"), passing by
Resolution No. R2000- 028; and
WHEREAS, on May 1, 2001, the City Council amended the Policy to allow waiver of the
five million dollar threshold and the maximum fax abatement percentage; to define professional
positions; to make other changes as set forth in the ainended Policy; and
WHEREAS, on August 19, 2003, the City Council amended the Policy to make
additional changes in the Policy and uilder the provisions of the Tax Code the Policy expired on
August 19, 2005; and
WI�EREAS, on December 6, 2005, the City Couticil amended the Policy to make
additional changes in the Policy and under the provisions of the Tax Code the Policy expired on
August 19, 2005; and
WHEREAS, in accordance with Chapter 312 of the Texas Tax Code requiring that tax
abatement policies be adopted eveiy two years, the Policy was adopted on Februar5� 5, 2008; and
WHEREAS, on April 20, 2010, the City Council extended the Policy to inake changes in
the Policy and under the provisions of the Tax Code the Policy expired on I'ebruary 5; 2010; and
WHEREAS, on April 17, 2012, the City Council amended the Policy to make additional
changes in the Policy and under the provisions of the Tax Code the Policy expired on April 17,
2014; and
WHEREAS, the City Council desires to promote economic development within Denton;
and
WI-IEREAS, providing tax abatement and other economic development incentives within
the City and its extraterritorial jurisdiction will likcly contribute to the economic development of
Denton by encouraging major investment, the creation of jobs, and other economic development
benefits; and
WHEREAS, the Pro�erty Development and Tax Abatement Act, Chapter 312 of the Tex.
Tax Code, allows the city to establish its own criteria for taY abatement and the City has
previously adopted guidelines for tax ab�tement by passing resolutions Nos. R90- 018, R98- 004,
R2000-028, R2001- 020 and R2003- 021, R2005- 057, R2008- 003, R2010-009, R2012-009; and
S:\Legai\Our pocuments\Resolutions\14\Resolution Adopting Tax Abatement and Incentive Policy.docx
WHEREAS, the City Council deems it in the public interest to continue to be eligible for
participation in tax abatement and to adopt policies, guidelines and criteria governing tax
abatement agreements to be known as the Denton Policy for Tax Abatement and Incentives;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The polices, guidelines and criteria found in the Denton Policy for Tax
Abatement and Incentives, attached hereto as Exhibit A and made a part of this Resolution and
incorporated herein for all purposes, are in all things approved and adopted. From and after the
effective date of this Resolution, the attached Denton Policy for Tax Abatement and Incentives
shall constitute policy guidelines and criteria governing tax abatement agreements for the City of
Denton in accordance with Chapter 312 of the Tex. Tax Code.
SECTION 2. Pursuant to Tex. Tax Code Section 312.002(c) the guidelines and criteria
adopted herein shall be effective for two (2) years, during which time the guidelines may be
amended or repealed by a vote of 3/ 4 of the members of the Council.
SECTION 3. The City Council hereby reasserts its decision to become eligible to
participate in tax abatement. The City Council provides certain tax incentives applicable to
business enterprises in various reinvestment zones which are established in the City, in
accordance with the applicable provisions of Chapter 312 of the Tex. Tax Code and in
accordance with the guidelines and criteria established in the attached Exhibit A and in the
amended Policy.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval at the regular meeting of the City Council of the City of Denton, Texas, on the 6t" day
of May, 2014, at which meeting a quorum was present and which meeting was held in
accordance with the provisions of Tex. Gov.' t Code § 551. 001, et seq.
PASSED AND APPROVED this the 6th day of May, 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�.���
BY: �
2014 Tax Abatement Policy Exhibit A
CITY OF DENTON TAX ABATEMENT AND INCENTIVE POLICY
L GENERAL PURPOSE AND OBJECTIVES
The City of Denton (City) is committed to the promotion of high quality development in all pai•ts of
the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these
objectives are generally served by the enhancement and expansion of the local economy, the Ciiy
will, on a case-by-case basis, give consideration to providing tax abatement or other incentive as a
stimulus for economic development in Denton. It is the policy of the City that said consideration will
be provided in accordance with the procedures and criteria outlined in this document. Nothing herein
shall imply or suggest that the City is under any obligation to provide an incentive to any applicant.
All applicants shall be considered on a case-by-case basis. Incentives will not be considered if
construction of a project already has begun.
Tax abatements, as described in this Policy, will be available for businesses wanting to locate, expand or
modernize, existing or new facilities and structures, including, without limitation, basic industries,
coiporate office headquai-ters or distribution centers, except as this Policy may be limited for property
described in Section 312.211(a) of the Texas Property Tax Code (Vernons Texas Civil Statutes
Annotated, hereinafter referred to as "Tax Code.")
In addition to tax abatements, the City may provide alternative or additional incentives to businesses
utilizing its authority under Chapter 380 of the Texas Local Government Code (IZereinafter referred to as
"Chapter 380.") Chapter 380 of the Texas Local Government Code states that a municipality may
establish and provide for the administration of one or more programs for making loans and grants of
public money and providing personnel and services of the municipality, to promote state or local
economic development and to stirnulate business and commercial activity in the municipality.
The City of Denton will consider, on a case-by-case basis, the use of grants and loans as incentives to
accomplish one or more of the following economic development objectives:
• Development and diversification of the economy
• Elimination of unemployment or underemployment
• Expansion of transportation or commerce
• Attraction of maj or investment
• Expansion of primary employment
• Stimulation of agricultural innovation
The City of Denton may establish targeted incentive programs to accomplish one or more of the above
objectives. Such programs could include, but are not limited to:
• Targeted industry cluster or supply chain recruitment initiatives
• Capital grants or loans for start-up and sinall businesses to proinote entrepreneurship
• Special incentive programs within certain boundaries of the City in order to proinote infill
redevelopment and attract businesses that meet pre-determined desirable criteria
• Grants to offset costs associated with public infrastructure improvements and/or impact fees
• Cash incentives to gain a competitive position when in direct competition for a project
2014 Tax Abatement Policy
II. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
Requests for ta� abatement or other incentives shall be reviewed by the Economic Development
Partnership (EDP) board, on a case-by-case basis unless otherwise directed by City Council, the EDP
board being comprised of two City Council members, two Chamber of Commerce board members, two
representatives fi•om the top twenty taxpayers, one representative from the University of North Texas,
one member with aviation experience, and one member at-large.
The EDP board serves as a recommending body to the City Council regarding whether economic
development incentives should be offered in each individual case. Its recommendation shall be based
upon an evaluation of information submitted in the incentive application and any additional infonnation
requested by the EDP board or presented to the EDP board. The Incentive Application shall be
substantially in the form of Exhibit A of this Policy. All meetings of the EDP board shall be held in
compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Goverrunent Code.
IIL VALUE OF INCENTIVES
The criteria outlined in the Application will be used by the EDP boa�•d in detei-�nining whether or not it
is in the best interests of the City to recommend that incentives be offered to a particular project.
Specific considerations will include the degree to which the individual project furthers the goals and
objectives of the community as described in the Denton Comprehensive Plan, as well as the relative
impact on growth, employment, expansion of the tax base, economic development and human health
and the environment.
Tax Abatements
New, expanding and modernizing businesses may be considered for a tax abatement if the minimum
threshold, as described in Table 1 below, is met.Once a detei-�nination has been made that a project is
eligible for a tax abatement, the following table will serve as a basis for determining amount and tenn of
abatement:
TABLE l: Establishes a framework for considering the length and percentage of abatement
according to assessed property value of improvements and of tangible personal property located on the
real property.
Page 2 of 18
2014 Tax Abatement Policy
VALUE OF STRUCTURE
AND PERSONAL PROPERTY yEARS OF PERCENTAGE OF
IN MILLION DOLLARS ABATEMENT ABATEMENT
100 10 25%
80 9 25%
65 8 25%
50 7 25%
35 6 25%
20 5 25%
15 4 25%
10 3 25%
5 2 25%
To qualify, companies must meet the minimum threshold of the Policy in the first 24 months from the
execution of the agr•eement or as specified in the tax abatement agreement.
If upon initial application a project qualifies for tax abatement under the guidelines set forth in this
Policy, the City may consider granting an additional 5% abatement for each one of the following factors
provided, however, that the total tax abatement does not exceed 50% annually or continue for a period
of inore than ten yeai�s. No applicant may receive credit for more than five of the following factors:
■ The project will occupy a building that has been vacant for at least two years;
■ The project will create high-skilled, high-paying jobs as documented by the applicant; (A
breakdown of number of jobs per job classification and entry level wage per classification will
be used to determine eligibility);
■ The project will involve a significant relationship with one of the two universities in Denton;
■ At least 25% of the new jobs created by the project will be filled by Denton residents;
■ A minimum of 25% of local contractors and local subcontractors will be utilized during
construction of the project;
■ The project will provide knowledge-based jobs (at least 25 percent of jobs require college
bachelors degree at entry level);
■ The project will donate significant public art to the community. (To qualify, donation must be
approved by Greater Denton Arts Council and City Council);
■ The project will donate significant materials/equipment to the public schools (to qualify,
donation must be approved by DISD and City Council);
■ The project will create improvements to the Denton Downtown Implementation Plan area;
■ The project will result in the formation of a business park;
■ The pi•oject is an international or national headquarters facility.
■ The project is a medical manufacturing or research facility.
■ The project incoiporates significant environmentally sustainable practices that includes:
Leadership in Energy and Environmental Design (LEED) certification, recycling initiatives, the
manufacture of sustainable materials or products that support sustainable industries, or the
incotporation of clean technology.
Page 3 of 18
2014 Tax Aba[ement Policy
■ Renewable Energy will be generated, stored or utilized for the project oti an ongoing basis;
■ The applicant is coirunitted to actively supporting the Denton Community.
The total tax abatement may not exceed 50% annually for ten years. All abatements are subject to iinal
approval o� the City Council. Even though a project may meet the cri�eria as set forth in this
Policy, an application may be denied at the discretion of the City. Tax abatement shall not apply to
any portion of the land value of the project. The thresholds as described in Table 1 are considered
guidelines for establishing the Tax Abatement Agreement terms. However, the City rnay determine that
a lower or higher percentage and/or a shorter or longer term of abatement may be more appropriate for
an individual project. If the abatement is approved, the City may consider applying all or a portion of
the abatement in the first year or during any shorter period within the term of the tax abatement
agreement. For example, a�1 approved abatement of 25 percent for four years may be applied as 100
percent abatement for one year.
When the City of Denton deter�nines that incentives are required to retain existing businesses, which
propose to improve or redevelop property within the City limits, the Denton City Council may consider
these "special projects" on a case-by-case basis and reserve the right to waive the minimum threshold
and/or exceed fifly percent (50%) in tax abatement. The Ciiy of Denton may also take into
consideration as "special projects" the expansion/redevelopment of existing businesses that create new
or additional professional jobs. New or existing businesses that incorporate environmentally sustainable
practices or have a renewable energy component may also be considered "special projects." Abatement
hereunder will only apply to the increased valuation of the improvements over the appraised value of the
property prioi• to such improvements as same is established by the Denton Central Appraisal District the
year in which the ta� abatement agreement is executed. The City may also consider other tax incentives
authorized by law.
Chapter 380 Incentives
At times when alternative incentives may be preferable to a tax abatement, the City Council has the
authority under Chapter 380 to create a custom incentive in order to accomplish specific economic
development goals. Chapter 380 incentives will be considered on a case-by-case basis, and may be
considered for one or more of the following criteria:
• A certain number of net new jobs with wages above Denton's median household income
• The relocation of a company that promotes the growth of targeted industry clusters such as high-
tech companies, aviation/aerospace industry, or supply chain clusters that support Denton's
existing primary employers
• Incentives for businesses that cause infill redevelopment or other desirable development
obj ectives
• Any other activity which the City Council detei�rnines meets a specific public purpose for
economic development
De�nitions•
Local contraetors and local sub-eontraetors refers to vendors that have their "principal office or place
of business," as reported to the Texas Secretary of Stiate Office, located within Denton Ciry Limits or
Extraterritorial Jurisdiction (ETJ). The minimum requirement of 25%, to be eligible under this
consideration, will be based on the estimated construction valuation of the project.
Page 4 of 18
2014 "I'ax Abatement Policy
Knowledge-based jobs are defined as occupations which:
• Require specialized and theoretical knowledge, usually acquired through a college education
or through work experience or other training which provides comparable knowledge;
• Require some research, analysis, report writing and presentations;
• Require special licensing, certification, or registration to perform the job task;
A Business Park is defined as a inulti-building, multi-tenant, master planned complex of approxirnately
one million square feet or more under roof, constructed to house manufacturing, distribution, assembly,
and office facilities.
Leadership in Energy and Environmental Design (LEED) certification is a voluntary
internationally recognized green building certification system, with verification by a third-party that a
building or community was designed and built using strategies aimed at improving performance
across the following metrics:
• energy savings
• water efficiency
• COZ emissions reduction
• improved indoor environmental quality
• stewardship of resources.
The certification levels consist of the following: Basic, Silver, Gold and Platinum and are weighted
on a 100 point system. The LEED system measures: innovation in design; sustainable sites; water
efficiency; energy and atmosphere; materials and resources; indoor environmental quality; and
locations and linkages.
The manufacture of sustainable materials or products may include but is not limited to: biobased,
recyclable and reclaimed goods. Denton is located in an air quality nonattainment region designated
by the Environmental Protection Agency for air pollution levels that continually exceed national
standards. Products and equipinent that support sustainable industries or clean technologies that
reduce environmental pollution are encouraged and may qualify for consideration under this section.
Coinmunity support and involvement may include but is not limited to monetary or active investment in
local non profits, public institutions or community organizations. Membership and participation in a
Denton chamber of commerce is an example that may qualify under this consideration. The EDP board
will consider criteria proposed by the applicant, review and make a recommendation on the eligibility of
the applicant's coinmunity support and recommend whether an additional five percent should be added
to the overall incentive percentage.
When the City determines that abandoned property may require additional incentives to promote
economic development that generally satisfies the requirements of this Policy, the City may waive the
minimum threshold and/or exceed fifty percent (50%) in tax abatement, or consider other tax incentives
for special projects to redevelop abandoned buildings consistent with existing law. For the purpose of
this Policy, an abandoned building is defined as a building that has been identified as being suitable for
commercial or industrial development, has been vacant for a minimum of five-years or has substantially
declined in appraised value. Abatement would only be considered on the increased valuation of the
improvements in eacli year covered by the tax abatement agreement over the value of the property for
the year in which the tax abatement agreement is executed. The City may also consider other tax
incentives authorized by law.
Page 5 of 18
2014 Tax Abatement Policy
Preliminary Application
IV. PROCEDURAL GUIDELINES
Any peison, organization or corporation desiring that the City consider providing incentives to
encourage location or expansion of facilities within the limits of the jurisdictions shall be required to
comply with the following procedural guidelines. Nothing within these guidelines shall imply or
suggest that the City is under any obligation to provide an incentive to any applicant.
A. Applicant shall cornplete the attached "Incentive Application."
B. Applicant shall prepare a map or other documents providing the following:
■ precise location of the prope�-ty and all roadways within 500 feet of the site
■ existing uses and conditions of real property
■ proposed irnprovements and uses
■ any proposed changes in zoning
■ compatibility with the Denton Comprehensive Plan and applicable building codes and
City ordinances.
■ A complete legal description.
C. Applicant shall complete all forms and information detailed in the Application and sub�nit
all infoimation to the City Manager (or his/her designee), City of Denton, 215 E. McKinney,
Denton, TX 76201.
D. All information in the application package detailed above will be reviewed for completeness
and accuracy. Additional information may be requested as needed.
E. The application will be distributed to the appropriate City departments for internal review
and comments. Additional information may be requested as needed.
F. Copies of the complete application package and staff comments will be provided to the EDP
board.
G. Fiscal agents of the City will review the application for comments and recotninendation.
Additional information may be requested as needed.
Consideration of the Application
H. The EDP board will consider the application at a regular or special-called meeting(s).
Additional information may be requested as needed.
I. The recommendation of the EDP board will be forwarded, with all relevant materials, to the
City Council.
Page 6 of 18
2014 Tax Abatement Policy
J. If the City Council decides to grant a tax abatement, it shall call a public hearing to consider
establishtnent of a tax reinvestment zone in accordance with Section 312.201 of the Tax
Code. The reinvestment zone must meet one or more of the criteria of Section 312.202 of
the TaY Code.
K. The City Council inay consider adoption of an ordinance designating the area described in
the legal description of the proposed project as a commercial/industrial tax abatement zone.
L. The City Council inay consider adoption of an ordinance or resolution approving the terms
and conditions of a contract between the City and the applicant govei-�Iing the provision of
the tax abatement or incentive and the commitments of the applicant, including all the terms
required by Section 312.205 of the Tax Code and such other terms and conditions as the City
Council may require. Should the commitments subsequently not be satisfied, the tax
abatement or other incentive shall be null and void (unless the tax abatement agreement
provides for a recapture of the property tax revenue lost proportionate to a partial failure to
meet the minimum thresholds set forth in the agreement) and all abated taxes or other
incentive shall be paid immediately to the Ciry of Denton. Provisions to this effect shall be
incorporated into the agreement.
N. The City reserves the authority to enter into tax abatement agreements at differing
percentages and/or terms as set forth in the guidelines of this Policy, consistent with the
requirements of the Tax Code. The City also reserves the authority to enter into incentive
agreements under Chapter 380 of the Texas Local Government Code.
Any incentive agreement will address various issues, including but not limited to, the following:
1. General description of the project
2. Amount of the tax abatement and percent of value to be abated each year
3. Method of calculating the value of the abateinent
4. Duration of the abatement, including commencement date and termination date
5. Legal description of the property
6. Kind, number, location and timetable of planned improvements
7. Specific terms and conditions to be met by applicant
8. The proposed use of the facility and nature of construction
9. Contractual obligations in the event of default, violatioi7 of terms or conditions, delinquent
taxes, recapture, any decrease in valuation, administration and assignment
Annual Evaluation
Upon completion of constiuction and/or other threshold criteria, the City Council shall receive from the
City Manager (or his/her designee) an annual evaluation of each incentive to insure compliance with the
agreement and to report possible violations of the agreement to the appropriate taxing entities. After
new tax base numbers are received in July of each year, the City Manager and his staff will have ninety
(90) days to review and prepare a breakdown of those figures.
Page 7 of 18
2014 Tax Abatement Policy
Local Businesses and Historically Underutilized Businesses
Businesses receiving an incentive are asked to use diligent efforts to purchase all goods and services
from Denton businesses whenever such goods and services are comparable in availability, quality and
price.
The City of Denton also encourages the use, if applicable, of qualified contractors, subcontractors and
suppliers who are historically underutilized businesses based on information provided by the General
Services Commission puzsuant to Chapter 2161 of the Government Code. In the selection of
subcontractors, suppliers or other persons or organizations proposed for work on this Agreement, the
OWNERS agree to consider this Policy and to use their reasonable and best efforts to select and
employ such companies and persons for work on this Agreement.
Job Recruitin� from Low-Moderate Income Census Tracts
Businesses receiving incentives are asked to endeavor to make available, or endeavor to cause lessees
or assignees to make available, full-time or part-time employment with on-the-job training for Denton
citizens. In this effort, the business, lessee or assignee is encouraged to recruit from the low-moderate
income Census tracts as further defined by the U.S. Department of Housing and Urban
Development's (HUD) Qualified Census Tracts (QCT) map shown in Figure l. HUD defines QCTs
as "census tracts in which one-half or more of the households have incomes below 60 percent of the
area median income or the poverty rate is 25 percent of [or] higher.
Page8ofl8
2014 Tax Abatement Policy
FIGURE 1: DENTON, TEXAS
2010-2011 Qualified Census Tracts
Page 9 of 18
<.��;.a�"�t ��.� S +'.� sk �a� ,e... e �e; au < F
— Tract Outline
Qua►ifted Census Tracts (201 O-20i 7)
2014 Tax Abatement Policy
EXHIBIT A
The City of Denton
Incentive Application
About tlie Applicatioii...
The vlcentive Application provides the City with specific info�•mation on the project. The information requested
in the Application is designed to address the criferia developed within the City of Denton's Incentive Policy. The
information serves as the basis for fiscal analysis and overall project evaluation. This evaluation is provided to
the Economic Development Partnership (EDP) board and Council Members and serves as a source document
during EDP board and City Council deliberations.
The Application rrnd the Agreement...
Specific infor-�natiotl fi•om the Applicatiou (such as value of new investment and employment commitments) is
incorporated into the Incentive Agreement. In fact, the Application is an attachment to the Agreement. Since the
Agreement is a binding contract, it is important that each question on the application be answered in full and as
realistically as possible. Simply put, the application is part of the process fi•om sta��t to finish so you'll want to
make sure you9�e comfortable with the contents.
Wlzen Is Tlie Application Final?
The answer to this question is very simple: When you tell us, "It's final." It is not tmcommoli for a business
entity to submit numerous Applications as drafts for informational and evaluative purposes only. As
eonversations continue, the business eiltity will submit a finalized version of the Application tha� incli�des all of
the commitments agreed to during the discussions.
What about Coizfidentiality? �
Section 312.003 of the Texas Tax Code makes confidential information provided to the Cit�� as a part of this
applieation that describes the specific proeesses or business activities to be conducted or the equipinent or other
property to be located on the property. This information is not subject to public disclosure until the incentive
agreement is execti�ted. Section 522.131 of the Texas Government Code (Texas Public Information Act) makes
confidential information which relates to economic development negotiations between ihe City and a business
prospect that the City seeks to have locate, stay or expand in or near the territoiy of the City. The information
must relate to a trade secret of the business prospect, com�nercial or financial information which the business
prospect can demonstrate based on specific factual evidence that disclosure would cause substantial competitive
harm to the person from whom the infonnation was obtained or infonnation about a financial or other incentive
being offered to the business prospect by the City or by another person. Information about a fnancial or othei°
incentive being offered to the business prospect is required to be disclosed when an agreement is made with a
business prospect. The City is subject to disclosing most records and documents upon request under the Public
Information Act. Accordingly, please clearly indicate and mark any information you consider proprietary.
This would include anything in your application which you consider a trade secret, commercial or
financial information which you can demonstrate by specific factual evidence that would cause substantial
competitive harm if disclosed, information which describes the specific processes or busin�ss a�ctivities to
be conducted or the equipment or other property for which the incentive is sought, any financial or other
incentive you may be seeking from the City or any other information you deem to be confidential under
the law.
Wlzo is Aut/torized To Sigiz dze Application?
Because the Application itself is non-binding, the person signing need not be the property owner or even an
individual duly authorized to sign on behalf of the property owuer. However, if an Agreement is reached, the
Application will be au attachlnent to the Agreement and its contents will be binding through tl�e authorized
signatuce required on the Agreement.
Page 10 of 18
2014 Tax Abatement Policy
CITY
C�F
�:
�',.����������� ,=#
Ci of Denton
Incentive A licatlon
pp
City of Denton
Department of Economic Development
Denton, Texas 76201
(940) 349-7776
(940) 349-8596 FAX
www.cityofden�on.com
Aimee.Bissett cz,cit�ofdenton.com
Page 11 of 18
2014 Tax Abatement Policy
INCENTIVE APPLICATION
CITY OF DENTON, TEXAS
Property Owner
Company ot• Project Name
Mailing Address
Telephone Fax No.
Website
Contact Name
Title
Mailing Address
Telephone Fax No.
Email Address
Provide a chronology of plant openings, closing and relocations over the past I S years.
3. Provide a record of inergeis and financial restructuring during the past 15 years.
-- _
4. Will the occupants of the project be owner or lessee? If lessee, are occupancy commitments alrea y ex�st�ng?
5. Is the project a relocation of existing facility or a new facility to expand operations? If relocation, give
current location.
6. If an existing Denton business, will project result in abandomnent of existing facility? If so, the v�lue of the
existing facility will be subtracted from the value of the new facility to arrive at total project value.
Page 12 of 18
2014 Tax Abatemcnt Policy
7. Properiy Description.
- Attach a copy of the legal description detailing property's metes and bounds.
- Attach map of project including all roadways, land use and zoning within 500 feet of site.
8. CuiTent Value. Attach copy of latest property tax statement from the Denton County Central Appraisal
District Include both real (land and improvements) and personal property).
9. lncreased Value/Estimated Total Cost of Project.
Structures $
Personal Property $
Site Development $
Other lmprovements $
10. Indicate percent of tax abatement and number of years requested.
Percent Requested Years Requested
List any other iinancial incentives this project will request/receive
Estimated F►-eeport Exemption
Estimated Electric Utility Industrial Development Rider
Estimated Water/Wastewater Infrastructure Assistance
$
��
�
$
_
Chapter 380 Incentive
1 L Give a brief description of the activities to be performed at this location, including a description of products to
be produced and/or services to be provided.
12. Describe any off-site infi�astructw�e requirements:
• Water
• Wastewater
Page 13 of 18
2014 Tax Abatement Policy
• Streets
• Drainage
• Other
13. Project Operation Phase. Provide employment information for the number of years incentive is requested.
At Project
Existing Start Date At Term of
Employment Information Operation (mo/yr) Incentive
(if applicable) /
A. Total number of pennanent, full-time jobs
B. Employees transferred from outside Denton
C. Net permanent full-time jobs (A. minus B.)
E. Total annual payroll for all permanent, full-time
jobs (A.)
F. Types of jobs created. List the job titles and number of positions in each category that will be employed
at the facility. Provide average wage for each category.
G Indicate the number of shifts the project will operate
Page 14 of 18
2014 Tax Abatement Policy
H. Bstimate annual utility usage for project:
Electric
kWh Water
gpd
Wastewater gpd Gas mcf
14. Describe any other direct bene�ts to the City of Denton as a result of this project (e.g., sales tax revenue or
project elements identified in Tax Abatement Policy, Section III).
15. Is property zoned appropriately? Yes No
Current zoning.
Zoning required for proposed project.
Anticipated variances.
16. Is property platted? Yes No
Will replatting be necessa�y Yes No
17. Discuss any environmental impacts created by the project.
A. List any permits for which applicant must apply. Applicant will be required to provide City with copies
of all applications for environmental pennits upon completion of application(s).
._
B. Provide record of compliance to all environmental regulations for the past five years.
18. Provide specific detail of any businesses/residents that will be displaced and assistance that will be available
from the requesting company.
19. Pi-ovide description of any historically significant area included within the project's area as determined by the
Historic.preservation Oiiicer. If any, give detail of how the historically significant area will be preseived.
Page 15 of 18
201a "tax Abatement Policy
20. Justification for Incentive Request: Substantiate and more fully describe the justification for this request.
Include the amount of the incentive requested and show how it will contribute to tl�e financial viability of the
project. Submit attach�nents if necessary.
21. List additional abatement factors to be considered for this project as outlined on pages 3 and 4 of the
Incentive Policy.
Occupies building vacant for at least 2 years Donation of materials to public schools
Project creates high-skilled, high-paying jobs Improvements to Downtown
Significant relationship witl� universities Project fonns business park
25% of new jobs flled by DenCon residents International or national headquai�ters
25% local contractors to be utilized Medical manufacturing or research facility
25% of jobs are knowledge-based Environmentally sustainable practices used
Donation of significant public art Renewable Energy generated/stored/utilized
Community support and involvement: Attach description of community involvement
22. Financial Infornlation: Attach a copy oT tl�e latest auclrtea tmanciai statement or, �n uie case u� a«cw �„��c��,
a business plan.
23. Does the project have an eligible environmentally sustainable or renewable energy component (if so, please
identify type and provide a brief description)?
24. Applicants seeking LEED certification must complete the Green Building Application for Tax Abatement
(Exhibit B of the policy).
Page 16 of 18
2014 Tax Abatement Policy
COMPLETE THIS SECTION IF REQUESTING ADDITIONAL INCENTIVE
BASED ON LEED CERTIFICATION CONSTRUCTION
Property Owner
Company or Project Name
Mailing Address
Telephone Fax No.
Website
Contact Name
Title
Mailing Address
Telephone Fax No.
Email Address
Project location address:
Provide documentation that the project has been registered with the U.S. Green Building Council.
4. P�-ovide a description of the project (please include the building size, number of occupants and estimated
budget).
Attach a preliminaiy Leadership in Energy and Environmental Design (LEED) Scorecard illustraeing how
project will achieve the LEED certification.
Level of Certification:
Number of Points:
Page 17 of 18
2014 Tax Abatement Policy
This Incentive Application is submitted with the acknowledgement that additional in%rmation may be required.
Authorized Signature
Date:
Page 18 of 18
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: City Manager's Office
CM: George C. Campbell, City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and Denton Parks Foundation; authorizing and ratifying the expenditure
of funds; and providing for an effective date.
BACKGROUND:
This agreement allows for the total expenditure of $600 from Council Contingency Funds.
(Mayor Burroughs $100, Mayor Pro Tem Kamp $100, Council Member Gregory $100, Council
Member Roden $200, and Council Member Hawkins $100)
Key provisions of the agreement include:
Funds shall be used by the Organization towards the cost of stage rental during Cinco de
Mayo.
■ In addition to other reporting requirements, documentation in the form of cancelled
checks and/or corresponding receipts specifically detailing expenditure of funds for the
purpose provided is required for reimbursement from these designated funds.
FISCAL INFORMATION
Funding for the contract will come from Council contingency fund accounts.
Respectfully s��t�����'�, �y-�-� �
�.,.� �� �,, �,�
�, �F y
�� � � ��.A�
� ;� ��d �� � � �."`�.`"
� �� �" '
m..,r.� .
��� �r ��� r� `
George C. Campbell
City Manager
Prepared by:
Linda Holley
Senior Executive Assistant
c:\users\1008961documenls\serv agr-denlon perks Foundatiou-cinco de mayo.doc
ORDINANC� N0.
AN ORDINANCE OP' THE CITY OF DENTON AUTHORIZING AN AG1tEEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND DENTON PARKS FOUNDATION; AUTHORIZING
AND RATIFYING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EPFECTIVE
DATE.
WHEREAS, the City Council of the City of Denton hereby finds that the Agreement between
the City and Denton Parks Foundation for Cinco de Mayo, attached hereto and made a part hereof by
reference (the "Agreement"), serve a municipal and public purpose and is in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set foi�th in the preamble of this Ordinance are incorporated by
reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to exercise all rights and duties of the City under the Agreement, including
authorizing and ratifying the expenditure of funds.
SECTION 3, This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _ __ day of a_ _n _, 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNTFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
BY: e.�.. � — �-
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Ma�ro.doc
SERVICE AGREEMENT
BETWEEN TFIE CITY OF DENTON, TEXAS AND
DENTON PARKS FOUNDATION
This Agreement is hereby entered into by and between the City of Denton, Texas, a home rule
municipal corporation, hereinafter referred to as "City", and Denton Parks Foundation, a not for
profit corporation, hereinafter referred to as "Foundation".
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget for stage rental
during Cinco de Mayo; and
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public
interest;
NOW, THEREFORE, the parties hereto mutua]]y agree as follows:
I. SCOPE OF SERVICES
Foundation shall, in a satisfactory and proper manner, perform the following tasks, for which
the monies provided by City may be used: the funds being provided will go towards the cost of
statge rental during Cinco de Mayo.
II. OBLIGATIONS OF FOUNDATION
I.n consideration of the receipt of funds from City, Foundation agrees to the following terms
and conditions:
A. Six Hundred Dollars/100 ($600.00) shall be paid to Foundation by City to be utilized
for the purposes set forth in A��ticle I.
B. Foundation will maintain adequate records to establish that the City funds are used for
the purposes autl7orized by this Agreement.
C. Foundation will permit authorized officials of City to review its books at any time.
D. Upon request, Foundation will provide to City its By Laws and any of its rules and
regulations that may be relevant to this Agreement.
E. Foundation will not enter into any contracts that would encumber City funds for a
period that would extend beyond the term of this Agreement.
F, Foundation will appoint a representative who will be available to meet with City
officials when requested,
III. TIME OF PERFORMANCE
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Mayadoc
The services funded by City shall be undertaken and completed by Foundation within the
following time frame:
The term ofthis Agreement shall commence on the effective date and terminate September 30,
2014, unless the contract is sooner terminated under Section VII "Suspension or Termination".
IV. PAYMENTS
A. PAYMI;N'1'S '1'O FOUNI)A"I'ION. City shall pay to Foundation the sum specified in
Article II after the effective date of this Agreement.
B. ExcL,SS PAYMF:N'r. Foundation shall refund to City within ten (10) working days of
City's request, any sum of money which has been paid by City and which City at any time thereafter
detennines:
1) has resulted in overpayment to Foundation; or
2) has not been spent strictly in accordance with the terms of this Agreement; or
3) is not supported by adequate documentation to fully justify the expenditure,
V. EVAL�I��TION
Foundation agrees to participate in an implementation and maintenance system whereby the
services can be continuously monitored. Foundation agrees to make available its bank statements for
review by City at City's discretion. In addition, Foundation agrees to provide City the following data
and reports, or copies thereof:
A. An explanation of any major changes in program services.
B. To comply with this section, Foundation agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and the services
per�ormed underthis Agreement. Foundation's record system shall contain sufficient documentation
to provide in detail full support and justification for each expenditure. Foundation agrees to retain
all books, records, documents, reports, and written accounting procedures pertaining to the services
provided and expenditure of funds under this Agreement for five years.
C. Nothing in the above subsections shall be construed to relieve Foundation of
responsibility for retaining accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
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Minutes of all meetings of Foundation's governing body shall be available to City within ten
(10) working days of approval.
VII. TERMINATION
The City may Cerminate this Agreement for cause if Foundation violates any covenants,
agreements, or guarantees of this Agreement, the Foundation's insolvency or filing of bankiuptcy,
dissolution, or receivership, or the Foundation's violation of any law or regulation to which it is
bound under the terms of this Agreement. The City may terminate this Agreement for other reasons
not speciiically enumerated in this paragi•aph.
VIII. EOUAL �1'T�C��"I'LINITY AND_ C,���'i�Li�T�;�;� WITH LAWS
A. Foundation shall comply with all applicable equal employment opportunity and
at�'irmative action laws or regulations.
B. Foundation will furnish all infor�nation and reports renuested by City, and will permit
access to its books, records, and accounts for purposes of investigation to ascertain compliance with
]ocal, State and Federal rules and regulations.
C. In the event of Foundation's noncompliance with the nondiscrimination rec�uirements,
the Agreement may be canceled, terminated, or suspended in whole or in part, and Foundation may
be barred from further cont.racts with City,
I�4. �A1�Rt�I�dT S
Foundation represents and warrants that:
A, All information, reports and data heretofore or hereafter requested by City and
furnished to City, are complete and accurate as of the date shown on the information, data, or report,
and, since that date, have not undergone any significant change without written notice to City.
B. Any supportin� bank statements heretofore requested by City and furnished to City,
are complete, accurate and fairly reflect the financial conditions ofFoundation on the date shown on
said report, and the results of the operation for the period covered by the report, and that since said
data, there has been no material change, adverse or otherwise, in the financial condition of
Foundation.
C. No litigation or legal pi•oceedings are presently pending or threatened against
Foundation.
D, None of the provisions herein contravenes or is in conflict with the authority under
which Foundation is doing business or with tlie provisions of any existing indenture or agreement of
Foundation.
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E. Foundation has the power to enter into this Agreement and accept payments
1lereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
F. None of the assets of Foundation are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the bank statements furnished
by Foundation to City.
Each of these representations and warranties shall be continuing and shall be deemed to have
been repeated by the submission of each request for payment.
X. CHANGES AND AMENDMENTS
A, Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used,
B. It is understood and agreed by the parties hereto that changes in the State, Federal or
local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such
modifications are to be automatically incorporated into this Agreement without written amendment
hereto, and shall become a part of the Agreement on the effective date specified by the law oi•
regulation.
C. Foundation shall notify City of any changes in personnel or governing board
composition.
XI. INDEMNIFICATION
To the extent authoi-ized by law, the Foundation agrees to indemnify, hold harmless, and defend
the City, its offtcers, agents, and employees from and against any and all claims or suits for injuries,
damage, loss, or liability of whatever kind or character, arising out of or in connection with the
performance by the Foundation or those services contemplated by this Agreement, including all such
claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in
part, upon allegations of negligent or intentional acts of Foundation, its officers, employees, agents,
subcontractors, licensees and invitees.
XII, CONFLICT �� INTEREST
A. Foundation covenants that neither it nor any member of its governing body presently
has any interest, direct or indirect, which would co�iflict in any manner or degree with the
performance of services required to be performed under this Agreement. Foundation further
covenants that in the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
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B. Foundation further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use his/her position for a purpose that is
or gives the appearance of being motivated by desire for private gain for himself/herself, or others;
particularly those with which he/she has family, business, or other ties.
C. No officer, member, or employee of City and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or cariying out
of this Agreement shall participate in any decision relating to the Agreement which affects his
personal interest or the interest in any corporation, partnership, or Foundation in which he has direct
or indirect interest.
XIII. NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms
of this Agreement shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt requested,
or via hand-delivery or facsimile, addressed to Foundation or City, as the case may be, at the
following addresses:
CITY
FOUNDATION
City of Denton, Texas Molly Tampke,
Attn: City Manager Executive Director
215 E. McKinney Denton Parks Foundation
Denton, TX 76201 601 E. Hickory, Suite B
Denton, TX 76205
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
XIV. MISCELLANEOUS
A. Foundation shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other
financial institution without the prior written approval of City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the original
intent of both parties hereto.
C. In no event shall any payment to Foundation hereunder, or any other act or failure of
City to insist in any one or more instances upon the terms and conditions of this Agreement consti-
tute or be construed in any way to be a waiver by City of any breach of covenant or default which
may then or subsequently be committed by Foundation. Neither shall such payment, act, or omission
in any manner impair or prejudice any right, power, privilege, or remedy available to City
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to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically
preserved. No representative or agent oi City may waive the effect of this provision.
D. This A�;reement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurrin�; during the term of this Agreement or subsequent
thereto, have any lega] force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shal] be interpreted in accordance with the laws ofthe State of Texas
and venue of any litigation concernin� this Agreement shall be in a court of competent jurisdiction
sitting in Denton County, Texas.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the day of 2�._,___ _•
.. .,�.�....._3 ...
CITY OF DENTON
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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DENTON PARKS FOUNDATION
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EXECUTIVE L�I � :�'���.
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: City Manager's Office
CM: George C. Campbell, City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and The American Heart Association; authorizing and ratifying the
expenditure of funds; and providing for an effective date.
BACKGROUND:
This agreement allows for the total expenditure of $335 from Council Contingency Funds.
(Mayor Burroughs $150, Council Member Gregory $50, and Council Member Hawkins $135)
Key provisions of the agreement include:
Funds shall be used by the Organization for setup, breakdown, and cleanup for their
event.
■ In addition to other reporting requirements, documentation in the form of cancelled
checks and/or corresponding receipts specifically detailing expenditure of funds for the
purpose provided is required for reimbursement from these designated funds.
FISCAL INFORMATION
Funding for the contract will come from Council contingency fund accounts.
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City Manager
Prepared by:
Linda Holley
Senior Executive Assistant
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ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND THE AMERICAN HEART ASSOCIATION;
AUTHORIZING AND RATIFYING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton hereby finds that the Agreement between
the City and the American Heart Association, attached hereto and made a part hereof by reference
(the "Agreement"), serve a municipal and public purpose and is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by
reference into the body of this Ordinance as if fully set forth herein.
SECTION 2, The City Manager, or his designee, is hereby authorized to execute the
Agreement and to exercise all rights and duties of the City under the Agreement, including
authorizing and ratifying the expenditure of funds.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of __ , 2014�
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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SERVICE AGR�EMCNT
BETWEEN THC CITY OF DENTON, TEXAS AND
THE AMER�CAN HEART ASSOCYATION
This Agre�ment is k�ereby entered into by and between the City of Denton, Texas, a home rule
municipal corpozation, hereinafter referred to as "City", and the Atnerican Heart Association, a not
fox proftf corporation, hereinaftex xefecxed fio ss "Heart".
WI�REAS, City has determined that the proposal fox services merits assistanee and can
pxovide needed services to citizens o£City and has provided funds in its budget for the puzpose of a
fit-fi�endly event s�onsoxed by the Heart which provi.des a benefit to the citizens by suppoxting,
ernpowering, and teaching the basics nf staying ft; and �
Wk�EREAS, this Agreement sezves a valid rnunicapal and publia purpose and is in the public
xnterest;
NOW, THERE�ORE, the parties k�ereto mutually agree as follows:
I, SCOPE OF SERVICES
Heart shall, i�, a satisfactory and proper manner, perform the foalowing tasks, fox which the
rnonies provided by City may be used: the funds being provided shall be used by Heart for setup,
breakdown, and cleanup foz� tlae event.
II. OBLIGAT',IONS OF HEART
�n consideration of the recei�t of funds from City, Heax�t agrees to tke following terms aad
conditions;
A. Three Hundced Thirty-five Dollars1100 ($335.00) sha,ll be paid ta Heart by City to be
utilized for the purposes set forth in Artiole L �
B. Heart will maixi►tain adequate records to establish that �ie City funds are used #'or the
puxposes autl�orized by this Agreement.
G. Heart will pertnit authorized of�icials of City to xeview its books at any time.
D. Upon request, Heart w�ill provide to City its By Laws and any of its rules and
reguIations tlzat xnay be relewaat to this Agneement.
E. Heart wilt not enter into any contracts that would encumber Ciiy funds for a period
that vvould extend beyond the term of this Agreement. �
F. Heart wili appoint a representative who wi11 be available to xneet with City offici�ls
whez� requested.
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III, TIME OF PERFORMANCE
Tkie services funded by City sk�all be undertalcen and cornpleted by Heart within the following
titne frame:
The term ofthis Agreemen.t shafl comnraence on the effee�ive date and terminate Apri] 1, 2014,
unless the contract is sooner terminated under Section VII "Suspension or Termination".
IV. FAYMENTS
A. PAYMENTS TO HBART. Cxty shall pay to Heart the sum specified in Arf.icle II a$er the
effective date of'this Agreement.
B. Exc�ss PAn�N'r. Heart shall refund to City wit]�in ten (10) working days of City`s
request, any sum of money which has been paid by City and which Ciiy at any time tlaereafter
defiernnines:
1) has resulted in overpayment to Heart; or
2) has not been spent strictly in accordance with the terms of this Agreement; or
3) is not supported by adequate documentation to fully justify the expenditure,
V . 1�Vt"��, CT.A°.f`iC?�k
HearC agrees to participate in an unplexnentation and maintenance system whereby the
services can be continuously monitored. Heart agrees tn rrxake available its baiak statements for
re�iew by City at City's discietaon. In. addi.tion, Heart agrees to provide City the following data and
reports, or copies thereof
A. An explanation �f any major changes in prngram sezvices.
B. To conaply wifih this section, �ieart agrees to maintain records that will provide
accurate, cwrent, separate, and complete disclosare af the siatus offunds received and the services
pez�oznaed under tk�is Agz�eenr�ent. Heart's xecord system shall contai.n sufficient documentation to
provide in detail full support aztd justi�ication far Bach expenditure. Heart agxees to retain all books,
recoxds, documents, reports, and written accounting procedures pertaining to the services provided
and expenditure of fwids under this Agreenc�ent for five qears.
C. Nothing in the abave subsections sha11 be co�stzued to z•elieve Heart of xesponsibility
for retaining accurate and curxent records that clea�rly reflect the level and benefit nf services
provided under this Agreement.
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VI. MEETTNGrS
Minutes of all rneetings af Heart's governing body shall be avaalable to City rvithin ten (10)
woxking days of approval.
VII. TERMINATION
The City rnay terminate this Agreemeni for cause if T3eau�t vinlaies any covenants,
agreements, ox guarantees of this Agreement, the Heart's insolvency or filing of bankruptcy,
d.issolutaon, or receivership, ox the Heaz�t's violation of auy law or regulation to which it is bound
tundex the terms of this Agreement. The City may terminate tk�is Agt�eement for other reaso�ns not
specifically enuxnerated in khis paragraph.
VIII. EQUA.L OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Heart shall comply wiih all applicable equal employxnent o�ortunity and affirmative
action laws or regula�ions.
B. Heart will finrnish all information and reports requested by City, and will pernnit
access to its booics, records, and aecounts for purposes of investigatianto asoertain compliance with
local, State a�nd Fedezal xules and regulations.
C, Tn the event of Heart's noncompliance with the nondiscrirnination requirements, the
Agreement may be canceled, tennrn.inated, or suspended in whole or in part, az�d Heart may be barred
from furthex contracts with City.
,,,�
Heart represenfs and wanrants that,
A. All i�.fozx�nation, reports and data hezetofore ar hereafter requested by City and
furn�isb�ed to G`ity, are complete and accuxate as o�the date shown on the inforxnatio�., data, or report,
azzd, since that date, have nnt uzxdergone any significant change without written notice to City.
B. Any supporting barnl.c statements heretofore requested by City and fiu�ished to City,
are coinplete, accurate and fairly reflect fihe financial conditions of Heart on fhe date shown on said
report, and the xesulfis of the operation fox the period covered by the report, and tbat since said data,
there has been no rnaterial change, advetse or otherwise, in the financial condition of Heart,
C. No lit�gation or legal proceedings axe presenily pending or threatened against Heart.
D. None of the provisioz�s herein contravenes or is ir� conflict with the authority under
which �Ieart is doing business or with the proviszons of ax�y existang indenture ar agreement o£Heart.
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Assaciation (3),doc
E. Heart has the power to enter into this �greement and accept payments hereunde�•, and
has taken ali necessary action to authorize such acceptance under the terrns and conditions oftiiis
Ag��eeznent.
F. 1�Ione of the assets of Heaz�t are subject to any lien or encumbrance of any character,
except fo� cUrrent taxes not delinquent, execpt as showxi in the bank statements furnished by Hea�.t to
City,
Eacl� of these representations and warranties shall be continuing and sha11 be deemed to have
been repeated by the s�bmission of each request for payment,
X. CHANGES .AND �MENDMEN'TS
A. Any altezations, additians, or deletions to the terms of this Agreeme�.t shall be by
written amendment executed by both parties, except when the terms of this �Agreement expressly
pxovide that another method sha11 be used.
B. It is understood and agreed by the parties hereto that changes in the State, k'ederal or
local laws oz regulations pwrsuant hereto may occur duxing the tertn of this Agreemen.i, Any such
niodifications aze to be automaticalIy incaxpot�ated �ix�to this Agreement withoufi written abn.endment
heretn, and shall become a part of the Agreement on the effective date specifiad by tl�e law or
xegulation.
C. Heaxt shall notify City of any ehanges in personne� or governing board compositinn.
XI. INDE�VINIFICATIQN
To the extent authorized by law, the Heart agrees to indemnify, hold harmless, and defend the
CITY, xts vfficers, agents, and employees frorn and again�st any and al1 clairns or suits for injuries,
damage, loss, or liability o:F whateve�• kind or character, azising out of or in cnnnection with the
pexfomnance by the Heart ar those services contemplated by this Agreement, including all such claims
or causes of action based upon cornmon, constitutional or sta.tutory law, or based, in whole or in part,
upon allegatioz�s of negi.igent or intentional acts of Heart, its officers, employees, agents,
subeontractors, licensees snd invitees.
XII, CON�'LICT OF INTERE5T
A. Heart cove;nants that neithex it nor any member of its govenning body present�y has
any interest, duect ar in�direct, which would aonflict in any mannex or degree with the perfoxmance o£
services required to be �erformed under this Agreemant. Heart further covenauts that in the
performance of this Agreement, no person havix►g such interest shall be employed or appainted as a
znembe�• of its goveming body.
B. Heart fu�t�ther covenants that na �nembe�• of its governing body or its staff,
subcontractors or e�mployees shall possess any interest in or use his/hcr position �ox a piupose that is
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or gives the ap�eaz�anCe of being zx�otivated by desu•e for private gain for himselflhersel% or athers;
pa.iticulaxly tliose with whicla he/she has fannzly, business, or nther ties.
C. No offieer, m�ezrxbex•, or eznployee of City and no mernber of its governi.ng body who
exercises any fiznction or responsibilitaes in the review or approval of the undertaking or oarrying out
of this Agreerr�ent skiall parkicipate iz� any decision relating to the Ag�eement which affacts his
personal interest or the interest in any corporafiion, partnership, or Heart in which he has dit�ect or
indirect interest,
XIII. NOTICE
Any notice or othez• written izastxuxn.ent xequixed or pei7nitted to be delivered under the terrns
of this Agreement shall be deemed to have been delivered, whethex actua].ly received or not, when
deposited in. the United States mail, postage prepaid, registered or cei�ified, return receipt requested,
or via hasid-d�livery or fa�csimile, addressed to Heart ox City, as tl�e case may be, at the following
addresses:
CITY
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
HEART
American Heart Association
Angela Nawar, Corp. Market Dir.
105 Decker Court, Suite 200
Ixving, TX 75063
Either party may chaxage ifis nnailing adda�ess by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
XN. 11�SCELL.ANEOUS
A. Heart shall not tra�nsfer, pledge or otherwise assign this Agreement or any interast
fherein, or any claim arising thereunder to any party or partaes, U�, trust cornpar�y or otller financial
institution without the priox written a�proval of City.
B. If any provisaon of this Agreemeni is h�ld to be invalid, illegal, or unen%rceable, the
remaining provisions shall reanain in full force and effect and continue to conform to the original
�ntent of both pazties heret�,
C. Tn no event shall any payment to Heart hereunder, or any other act or failure of City to
insist in any one or more iustances upon the terms and conditions of this Agreement constitute or be
consdued. in any way to be a wauver by City of any breach o£ covenant or default which xx�.ay then or
subsequently be committed by Heart. Neithex shall such paymen� act, or omission in any manner
impair or pxejudice any right, power, privilege, vr xemedy available to Ciiy to enforce its rights
hereunder, which rights, powers, pxivileges, ox remedies are alwa.ys speciiically preserved. No
representative or agent of City may waive the effect of this provision.
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D. This Agreement, together with refei�enced exhdbits and attacliments, constitutes fi1Ze
ez�t�re agreeznent between the �aai�kies hereto, and any prior agreement, assertion, statement,
understanding, or other comunitment occurring during ti�e term of this Agreement or subsequEn.t
there#o, have any ]egal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an an�endznent of this Agi�eement.
E. This Agreement shall be interp�eted in accorclance wiih the laws of tb.e State of Texas
and venue of any Iitigation concerc�ix�g this Agreez�aent shall be ir� a co�.ut of competent jurisdiction
sitting in Denton County, Texas. �
1N WITNESS WHEREOF, the parkies do hereby affix thexr signatiues an.c� enter into �t1�.is
Agreezx�ent as of the day of_ _.rxyv ___ �a_.�, 20 ,
ATTEST:
JEN1dIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
�NITA BURGESS, CITY ATTORNEY
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BY:�m f U. _R., - ����y��..�._.
CITY OF DENTON
GEORGE G CAMPBELL, CIT"S�MANAGER
AMERYCAN HEA12T ASSOCIATION
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Paga 6
Agenda Information Sheet
DATE: May 6, 2014
DEPARTMENT: Utilities
CM/ ACM: Howard Martin, 349-8232 ����`�"
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to
Execute an Amendment to Interlocal Cooperation Agreement ("Agreement"), by and between
the City of Denton, Texas ("City"), and the Denton Independent School District ("DISD"),
amending that certain Interlocal Cooperation Agreement, dated on or about July 20, 2004,
modifying the term, consideration, and termination provisions of the Agreement; and providing
an effective date.
BACKGROUND
In accord with the current 69kV Transmission Line Re-build project initiative, staff is
undertaking the identification of the additional land rights necessary to accommodate the
construction and operation of improvements to the electric transmission and distribution systems.
In respect to the tract owned by DISD, the project requires the acquisition of a 5.193 acre tract
for an electric utility easement.
Inducement for DISD's granting of the proposed easement includes the City amending the
Interlocal Cooperation Agreement (Agreement) between the City and DISD regarding the use of
the City's street right of way for the DISD Fiber Optic System. Under the current terms and
conditions of the Agreement, DISD is permitted to locate, maintain, and operate their fiber optics
network, within City of Denton street rights of way, inclusive of commensurate annual usage
fees.
The proposed amendment to the Agreement contemplates the elimination of DISD annual
payments of the right of way usage fees, in lieu of a Denton Municipal Electric (DME) one time
funding on DISD's behal£ Those eliminated annual usage fees to be ostensibly offset by an
internal transfer of $330,000.00 by DME to the General Fund.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Staff recommends approval of the ordinance.
ESTIMATED SCHEDULE OF PROJECT
Winter 2014 — Spring 2015
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This tract is within the "Yellow Route", an alignment previously recommended by the Public
Utility Board and approved by the City CounciL (Resolution 2011-043 November 15, 2011)
City Council February 18, 2014 — Executive Session
Public Utility Board May 5, 2014 — Executive Session
FISCAL INFORMATION
The project at hand is being funded by issuing General Obligation Bonds which will be paid by
Transmission Revenue received from all other electric utilities who are members of the Electric
Reliability Council of Texas (ERCOT).
BID INFORMATION
Not applicable
EXHIBITS
l. Location Map
2. Ordinance
Respectfully submitted:
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Phil Williams
General Manager
Denton Municipal Electric
Prepared by:
Pamela England
Real Estate Specialist
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EXI�IBIT 2
ORDINANCE NO. 2014-
AN QRDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT
("AGREEMENT"), BY AND BETWEEN THE CITY OF DENTON, TEXAS ("CITY") AND
THE DENTON INDEPENDENT SCHOOL DISTRICT ("DISD"), AMENDING THAT
CERTAIN INTERLOCAL COOPERATION AGREEMENT, DATED ON OR ABOUT JULY
20, 2004, MODIFYING THE TERM, CONSIDERATION AND TERMINATION
PROVISIONS OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about July 20, 2004, the City Council adopted Ordinance No. 2004-
191, authorizing the execution of an Interlocal Cooperation Agreement Use of Sti•eet Right-of-
Way for DISD Fiber Optic System ("Agreement"), by and between the City and DISD;
WHEREAS, on or about October 19, 2010, the City Council adopted Ordinance No.
2010-265, amending the Agreement and authorizing the execution of Amendment No. 1 to the
Interlocal Cooperation Agreement which granted DISD the right to utilize additional street right
of way for DISD fiber optics systems and other inatters ;
WHEREAS, the City Council of the City of Denton has heretofore determined that it is
advisable to authoi•ize the amendment of the Agreement as set forth in Amendment No. 2 to
Interlocal Cooperation Agreement ("Amendinent No. 2"), attached hereto as Exhibit A and
incorporated herein, between the City and DISD, amending the terin, consideration and
termination provisions of the Agreement; and
WHEREAS, the City Council desire to authorize the Mayor, or his designee, to execute
Amendment No. 2 with DISD; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The above and foregoing preamble is incorporated into the body of the
ordinance as if copied herein in its entirety.
SECTION 2. The Mayor, oi� his designee, is hereby authorized to execute Amendment
No. 2 between the City and DISD, which is attached hereto, and present the same to the DISD
Board of Trustees for its approval.
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 , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
By:
Page 2
EXHIBIT "A"
AMENDMENT NO. 2 TO INTERLOCAL COOPERATION AGREEMENT
USE OF STREET RIGHT-OF-WAY FOR DISD FIBER OPTIC SYSTEM
This Amendment No. 2 to Interlocal Cooperation Agreement Use of Street Right-of-Way
for DISD Fiber Optic System, is made and entered into between the City of Denton, Texas, a
Texas home rule municipal corporation (the "City") and the Denton Independent School District,
an independent school district of the State of Texas ("DISD"), organized and existing under the
laws of the State of Texas, each acting by and through, and under the authority of their respective
governing bodies.
WHEREAS, the City and DISD, on or about July 20, 2004 (Ordinance No. 2004-191),
entered into that certain Interlocal Cooperation Agreement Use of Street Right-of-Way for DISD
Fiber Optic System (the "Original Agreement"), and on or about October 19, 2010 entered into
that certain Amendment No. 1 to Interlocal Cooperation Agreement Use of Street Right-of-Way
for DISD Fiber Optic System (Ordinance No. 2010-265; "Amendment No. 1"), providing for the
right to DISD to locate certain fiber optic facilities within City street right-of-way, upon the
terms and conditions set forth therein;
WHEREAS, the Original Agreement provided for the cable routes as indicated in the
map attached as Exhibit "C", attached thereto and incorporated therein by reference;
WHEREAS, Amendment No. 1 provided for tl7e cable routes as indicated in the maps
attached as Exhibit "C" and "G 1", attached thereto and incorporated therein by referenee, and
amended the requirements of perforinance bonds and other matters, to which the parties were
amenable to;
WH�RF,AS, DISD and City further desire to amend the Original Agreement as concerns
the requirements of consideration to be paid by DISD to the City, to which the parties are
amenable to such amendments;
WHEREAS, the CITY and DISD are local governmental entities, both of whom have the
authority to perform the services set forth in this Agreement individually and who mutually
desire to enter into an interlocal cooperation agreeinent, as provided for in Chapter 791 of the
Texas Government Code in order to maximize the benefits to the stakeholders of the CITY and
DISD derived from public funds;
WHEREAS, there is a valid governmental purpose served by this Agreement by DISD to
use City right-of-way to provide high technology communications capability and connectivity
for the DISD in order that DISD may interconnect its facilities to provide enhanced services to
the students of DISD, as well as to DISD's support and administrative functions;
WHEREAS, the Interlocal Cooperation Act, as set forth in Chapter 791 of the Texas
Government Code, authorizes the CITY and DISD to enter into this Agreement for the purpose
of achieving the governmental functions and providing the services represented by this
collective, cooperative undertaking.
WHEREAS, DISD is granting the CITY a perpetual Electric Utility and Communication
Easement and the CITY is perpetually partially abandoning and releasing a public drainage
easement and terminating the annual payments.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of such being acknowledged by the CITY and DISD, the CITY and DISD
herebv a�ree to amend the Ori�inal A�reement as follows:
l. ARTICLE III — TERM OF AGREEMENT: This paragraph is deleted in its entirety and
replaced wi�h the following:
"The CITY and DISD agree that the term of this Agreement shall be for twenty five years
from the effective date of this Agreement."
Page 2 of 5— Amendment No. 2
2. ARTICLE IV — CONSIDERATION TO BE PAID BY DISD TO THE CITY:
CITY."
a. The title for Article IV is revised to read "CONSIDERATION BY DISD TO THE
b. Paragraph A. is deleted in its entirety and replaced with the following:
A. l. DISD shall pay the CITY an annual payment, beginning on the
effective date of this Agreement, according to the payment schedule
below, and continuing on each anniversary thereafter.
Yea�s 1 — 5: $25,000.00/annually
Years 6 — 10: $27,500.00/annually
Years 11-25: $0.00/annually (See paragraph 2 below).
2. No later than the eleventh anniversary of this Agreement, and as
consideration for years 11 — 25 of the Agreement, DISD shall convey to
the CITY an Electric Utility and Communication Easement in, on, over,
under, and across certain lands located in the S. McCracken Survey,
Abstract No. 817, located in the City of Denton, Denton County, Texas,
and the CITY shall partially release and abandon a certain Public Drainage
Easement located in the S. McCracken Survey, Abstract No. 817, Iocated
in the City of Denton, Denton County, Te�as. The speciiic terms and
conditions are set forth in the Easement Purchase and Abandonment
Agreenlent, Electric Utility and Communication Easement, and
Abandonment and Release Agreement attached as Exhibits A, B, and C.
3. Denton Municipal Electric, no later than the eleventh anniversary
of this Agreement, shall transfer fi•om the appropriate fund the amount of
Page 3 of 5— Amendment No. 2
Three Hundred and Thirty Thousand Dollar and No Cents ($330,000.00)
to general fund of the CITY.
3. ARTICLE V— TERMINATION OF AGREEMENT:
a. Paragraph A is deleted in its entirety.
b. Paragraph B is relettered as Paragraph A and amended to add the followitlg at the
end of the paragraph:
"DISD agrees that the only relief it may seek against the CITY for breach of this
Agreement is monetary damages. DISD agrees that it cailnot, in any manner, seek relief
that would terminate, or in any manner effect, the easement granted to the CITY by DISD
as set forth in Article IV, A, 2."
c. Paragraph C is relettered as Paragraph B.
4. Except as expressly amended hereby, all terms and provisions of the Original Agreement
and Amendment No. 1 shall remain valid and subsisting as originally provided.
CITY OF DENTON, TEXAS
A Texas Municipal Colporation
C
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:•
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
I:
Page 4 of 5— Amendment No. 2
DENTON INDEPENDENT SCHOOL DISTRICT
i
ATTEST:
C
APPROVED AS TO LEGAL FORM:
:
Page 5 of 5— Amendment No. 2
EXHIBIT "A"
TO AMENDMENT NO. 2 TO INTERLOCAL 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 C011E.
EASEMENT PURCHASE AND ABANDONMENT AGREEMENT
THIS EASEMENT PURCHASE AND ABANDONMENT AGREEMENT (the "Agreement"),
by and between Denton Independent School District, a subdivision of the State of Texas
("OWNER"), ERI — Mills Road, L.P., a Teaas limited partnership ("ERI"), and the City of
Denton, Texas ("CITY"), is dated , 2014.
WITNESSETH:
WHEREAS, OWNER is the owner of certain lands located in the S. McCracken Survey,
Abstract No. 817, Denton County, Texas ("Property"), being affected by the expansion and
improvement of City of Denton electric transmission and distribution facilities ("Project");
WHEREAS, ERI is the owner of an option to purchase certain real proper�y (the "Option
Lands"), being a part of Easement Lands as defined below, as prescribed, and under the terrns of,
that certain Purchase Option Agreement ("Option Agreement"), dated on or about August 28,
2009, by and between Owner and ERI, and recorded under Court Clerk No. 2009-108523, Real
Property Records, Denton County, Texas; and
WHEREAS, CITY is in need of certain easements in, along, over, upon, under and across
a portion of the Property related to the Project; and
WHEREAS, ERI is joined in this Agreement for the sole purpose of consenting to the
grant of Easement to the City as contemplated herein, notwithstanding any terms of the Option
Agreement;
WHEREAS, the CITY is ainenable, upon the terms and conditions set forth herein, to
abandon (i) a portion of that certain easeinent, dated on or about August 26, 2003, from 17enton
Independent School District to the City of Denton, Texas, recorded as Document Number
158006, Real Property Records, Denton County, Texas; (the "Prior Easement"), INSOFAR AND
ONLY INSOFAR as the Prior Easement covers and encumbers the tract of land described on
Exhibit "E", and depicted on Exhibit "F", respectively, attached hereto and made a part hereof
foi- ail purposes (the "Abandonment Tract"), in exchange for �he granting of an electric utility
transmission and communication easement (and as inore particularly described below, "Electric
Easement"), as more particularly set forth in this Agreement, to the CITY by OWNER and ERI;
WHEREAS, OWNER, ERI, and the CITY agree that the Prior Easement, INSOFAR
AND ONLY INSOFAR as the Prior Easement covers and encumbers the Abandonment Tract
and the Electric Easement contemplated to be acquired by the CITY pursuant to the terms hereof,
are of equal value; and
WHEREAS, it is desirous of all parties to stipulate and agree to the terms, conditions,
abandonments, releases and conveyances associated with the conveyance of the Electric
Easement and the abandonment of the Prior Easement, INSOFAR AND ONLY INSOFAR as the
Prior Easement covers and encumbers the Abandonment Tract.
NOW, THEREFORE, for Ten and No/Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
l. At Closing, the OWNER shall grant, execute and deliver to the CITY, an easement in, on,
over, under and across the tract of land being described in Exhibit "A", and depicted in Exhibits
"B", respectively (the "Easement Lands") each attached to and a part hereof, that certain Electric
Utility and Communication Easement, attached hereto as Exhibit "C" and a made part hereof, for
electric transmission and distribution and communication purposes, as more particularly
described therein (the "Electric Easement"). The Electric Easement shall be in the form as
attached hereto and incorporated herein as Exhibit "C".
2. At Closing, ERI shall execute and deliver to the City the consent included in the Electric
Easement.
3. At Closing and after completion of the requirements of paragraphs 1 and 2 above, and as
consideration for the granting of the Electric Easement by OWNER, and consent of the same by
ERI, the CITY shall execute and deliver the Abandonment and Release (the "Release") of the
Prior Easement, INSOFAR AND ONLY INSOFAR as the Prior Easement covers and encumbers
the Abandonment Tract, to OWNER and ERI, in the form of the Release attached hereto and
made a part hereof as Exhibit "D".
4. At Closing, and after the completion of the requirements of paragraphs 1 through 3 above, the
OWNER shall accept, execute and deliver to the CITY the Release.
5. At Closing, and after the completion of the requirements of paragraphs 1 through 4
above, ERI shall execute and deliver to the CITY the Consent included in the Release.
2
6. OWNER and ERI stipul�te that the execution and delivery of the Release, constitute and
include all compensation due OWNER and ERI by CITY related to the Project, including
without limitation, any damage to or diminution in the value of the reinainder of OWNER'S and
ERI's property caused by, incident to, or related to the Project, any damage to and/or costs of
repair, replacement or relocation for or related to improvements, turf, landscape, vegetation or
any other structure or facility of any kind on the Easement Lands or other property interests of
OWNER and ERI related to activities within the scope of the rights granted by the Electric
Easement, whether accruing now or hereafter, and OWNER and ERI hereby releases for itself,
it's successors and assigns, CITY, it's ofiicers, employees, elected officials and agents from and
against any and all claims it may have now or in �he future, related to the herein described
matters, events and/or damages.
7. The Closing (herein so called) shall occur in and through the office of Title Resources at 525
South Loop 288, Suite 125, Denton, Texas 76205 ("Title Company"), with said Title Company
acting as escrow agent, on the date which is 60 days after the Effective Date, unless the O WNER
and ERI and the CITY mutually agree, in writing, to an earlier or later date ("Closing Date").
(a) The OWNER shall execute and deliver the Electric Easement to CITY at
Closing, fi•ee and clear of all debts, liens and encumbrances ("Encumbrances").
The OWNER and ERI shall assist and support satisfaction of all closing
requirements of �he CITY in relation to solicitation of releases or subordinations
of the Encumbrances and other curative efforts affecting the 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 and ERI may otherwise be in default under Section
8, 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 and ERI on or prior to Closing,
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
and ERI, in which latter event OWNER and ERI and CITY shall have no further
obligations under this Agreement.
(b) The CITY shall pay all typical customary and standard closing costs
associated with this transaction, except for OWNER and ERI's attorney's fees, if
any.
7.A. In the event Closing shall occur, the CITY shall execute and deliver to the
OWNER and ERI, the Release.
3
8. The date on which this Agreement is executed by the last to sign of the parties shall be the
"Effective Date" of this Agreement.
8.A. 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.
8.B. In the event OWNER and ERI 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.
8.C. In the event CITY shall default in the performance of any covenant or �erm
provided herein, and such default shall be continuing after ten (10) days written notice of
default and opportunity to cure, OWNER and ERI may, as its sole and exclusive remedy
terminate this Agr•eement prior to Closing by written notice of such election to CITY.
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY,TEXAS.
10. From and after the date of execution of this Agreement by OWNER and ERI, to and
including the tirne of Closing, OWNER and ERI shall not (i) convey or lease any interest in the
Easement Lands; or (ii) enter into any agreernent that will be binding upon the Easement Lands,
or upon the OWNER and ERI with respect to the Easement Lands, after the Closing.
11 OWNER and ERI represents and wanants to CITY that it has taken all actions necessary
to authorize the person executing this Agreement for and behalf of OWNER and ERI to bind, in
all respects, OWNER and ERI to all terms and provisions of this Agreement, that such person
possesses the authority to execute this Agreement and bind OWNER and ERI hereto, and that
this Agreement is binding and enforceable upon OWNER and ERI in accordance with the terms
hereof.
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. THE PARTIES AGREE THAT THIS AGREEMENT ONLY
�
APPLIES TO THE ELECTRIC EASEMENT AND ABANDONMENT AND RELEASE.
THIS AGREEMENT, AND PARTICULARLY, THIS PROVISION DOES NOT APPLY
TO THE INTERLOCAL COOPERATION AGREEMENT USE OF STREET RIGHT-
OF-WAY FOR DISD FIBER OPTIC SYSTEM (CITY OF DENTON ORDINANCE 2004-
191 EFFECTIVE JULY 20, 2004) AND ANY AMENDMENTS THERETO.
13. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Electt�ic Easement.
14. Any notices prescribed or allowed hereunder to OWNER and ERI 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 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:
,�� l�:�I�i��l'.
Denton Independent School District
A subdivision of the State of Texas
Dr. Jamie Wilson, Superintendent
1304 North Locust
Denton, Texas 76201
Telephone: (940) 369-0002
Telecopy: (940) 535-5749
ERI:
ERI — Milis Road, L.P.
John W. Pearson
4880 Long Prairie Rd., Suite 200
Flower Mound, Texas 75028
Telephone: (469) 635-2824
Telecopy: (469) 635-2804
Copies to:
For Owner:
Randolph W. Stout, P.C.
Randolph W. Stout, Esq.
513 W. Oak Street
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telephone: (940) 349-8910
Telecopy: (940) 349-8951
For City:
Lai•ry Collister, Deputy City �ittorney
City Attorney's Office
215 E. McKinney
5
Denton, Texas 76201 Denton, Texas 76201
Telephone: (940) 535-5748 Telephone: (940) 349-8333
Telecopy: (940)535-5749 Telecopy: (940)382-7923
ERI:
Liechty & McGinnis, LLP
Lorne O. Liechty, Esq.
11910 Greenville Ave., Suite #400
Dallas, Texas 75243
Telephone: (214) 265-0008
Telecopy: (214) 265-0615
15. In the event prior to Closing, 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 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, 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 Phil
Williams, General Manager-Electric Administration of City, or his designee.
CITY OF DENTON, TEXAS
:
GEORGE C. CAMPBELL, CITY MANAGER
Date:
2014
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I.
Date:
2014
6
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
C
Date:
O WNER:
Denton Independent School District
A Subdivision of the State of Texas
:
Date:
ERI:
2014
Dr. Jamie Wilson, Superintendent
ERI-Mills Road, L.P.,
A Texas limited partnership
By: Elk River Investments, II1C.,
A Texas corporation,
Its general partner
I:
John W. Pearson
Title:
Date:
2014
2014
7
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 cornply 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 ainended froin time
to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources
Attn: Virginia Kubiak
525 South Loop 288
Suite # 125
Denton, TX 76205
Telephone: (940) 381-1006
Telecopy: (940) 898-0121
I:
Printed Name:
Title:
Contract receipt date: , 2014
��
EXIIII3IT "A"
LEGAL DESCI2IPTION
I3EING A 5.193 ACRE T[ZAC'r OF LF�ND SITUATED IN THE S. McCRACKEN SUEtVEY,
ABSTRACT NUI��[BER 817, DENTON COUNTY, TEXAS. At�ID BEING A PC>RT[ON OF THAT
CERTAIN TRACT OF LAND DESCRIBED IN DG�D TO DENTON INDEPENDENT SCf-IOOL
DIS"I'RICT (DISD) RECORDEll IN DOCUMENT NUMB�R 97-83710 OF TI-l� DEED RECORDS
QF DENT'ON COUNTY, "1�EXAS. SAID 5.193 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED SY METES AND BOUNDS AS FOLLOWS:
BECINNING at a broken conei•ete �nonument found at the most easterly sourheast corner of said
DISD tract and being the most southwesrerly corner of a tract of land as described in deed to SEL
SHERMAN DRIVE, LLC as recorded in Document Number 08-00710 of saicl Deed Records and also
beuitr on the northerly right-of-way line of State Highway Loop 288 (A Variable Width Rinht-of-
Way);
THENCE South 85° 59' l 5" West, alonb the northerly right-of way line� of said State High�vay Loop
288, a distance of 30.79 feet to a point for cornec, from ���hich a brakett concrete monument fuune� at
the most southerly southeast corner• of said D1Sll tract bears South 85° 59' IS" VJest, a distance of
13.94 feet;
THENCE, depanin� the nortllerly ri�ht-of-GVay Iine of said State Hiohway Loop 288 and across said
DISD tract the folloGVing courses: �
North 60° 23' S3" West, a distance of 125.00 feet to a point for corner;
North 62° 20' 02" West, a distance oi205.75 fe�et to a point for coruer;
North 65° $q' 29" West, a distv�ce of 203.36 feet to a point for con�er, from �vhich a broken
concrete monument found on the northerly right-of-way line of said Loop 288 bears
South 17° 33' 17" West, a distance of 10.0� feet;
North 7�° 26' 38" West, a distance of 533.86 feet to a pou�t for corner;
North 78° 31' OS" West, a distance af 351,87 feec to a point for coi7ier;
North 80° 04' 13" West, a distance of 354.00 feet to a point for corner;
North 79° 4T 27" West, a distance of 303.28 feet to a point for corner;
Nocth 82° 23' 17" West, a distance of 373.84 feet to a point for corner;
North 86° 59' 37" West, a distance of 367.81 feet to a point for corner;
North 89° 29' 12" West, a distance oi' 168.67 feet to a point for corner on the easterly line of
a Right-of-Way Dedication as shown on the final plat of the Denton Early Childhood Ce�nter
as recorded in Document Number 10-0000113 of said Deed Records and from which a 5/8
inch u•on rod with cap found on the northerly right-of-«�ay line of said State High�aay Loop
288 and the most southeriy southeast corner of said Dento» �arly Childhood Center bears
South 00° 07' 48" West, a distance of 10.00 f'eet;
THENCE North UO° 07' 48" Bast, alon� said Right-of Way Dedication line, passing a St8 inch
capped iro�� rod statuped "1`NP" set at the intersection of'the centerline of the herein described h act
and said r•i�he-of-�vay line, continiiing iti all a total distlnce of 75.00 feet ro a point for cot•ner;
Page 1 of 6
THENCE, depa�Kin� said Right-of-Way Dedication line and across said B(SD tract the fallowi��g
CUUCSBS:
South 89° 29' 12" East, a distance of 170.81 feet to a point for corner;
South 86° 59' 37" �ast, a dist�ance of 372.46 feet to a point for corner;
South 82° 23' 17" East, a distance of 378.56 feet to a point for coiner;
South 79° 47' 27" East, a clistance of 304.80 feet to a point for cornec•;
South 80° 04' 13" East, a distance of 354.83 feet to a point for corner;
South 78° 31' OS" East, a distance of 354.90 feet to a point for corner;
South 75° ?G 38" East, a distance of 542.13 feet to a point for corner;
South 65° 54' 29" East, a dista�ice of 211.95 feet to a pouit for corner;
South 62° 20' 02" East, a disCance of 209.36 feet ro a point for corner;
South 60° 23' S3" East, a distance of 117.67 feet to a point for coi7ler of the easterly line of
said DISD tract and the westerly line of said Sel Sherman Drive tract and frorn which a ll2
ulch iron rod found at an angle point in the easterly (ine of said DISD tract bears
North OQ° 58' 04" West, a dista��ce of 217.09 feet;
TH�NCE South 00° 58' 0�4" East, aloug the conunon li�le of said DISD and Sel Shei7nan Drive
tracts, passing a Sl8 inch capped iron rod sta���ped "TNP" set at the intersection of the centei•line of ehe
herenl described tract and said conmion line, continuing in al! a total distance of 67.31 feet to the
POINT OF BEGINNING and containing 5.193 acres of land, more or less.
^°-�— �
Adam Whitfiel
Texas Registered Professional and Surveyor
Texas Registration No. 5786
C�l- LC„-t3
Date: January 16, 2013
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Page 2 of 6
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EXHIBIT "B"
TO AMENDMENT NO. 2 TO INTERLOCAL 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 INSTRUM�NT 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.
ELECTRIC UTILITY AND COMMUNICATION EASEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
THAT, Denton Independent School District, a subdivision of the State of Texas (the
"GRANTOR"), for and in consideration of Ten Dollars ($10.00), and other good and valuable
consideration, to GRANTOR in hand paid by the CITY OF DENTON, a Texas home rule municipal
corporation, which is located in Denton County, Texas, and whose mailing address is 215 E.
McKinney, Denton, Texas 76201 ("GRANTEE") has granted, sold, and conveyed and by these
presents does grant, sell and convey unto the GRANTEE perpetual, exclusive and unobstructed
easements and rights of way (collectively, the "EASEMENT") for the purposes of erecting, operating,
maintaining and servicing thereon one or more underground and/or above ground electric transmission
and electric distribution power and/or communication lines, each consisting of a variable number of
wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and
supporting structures, including without limitation, foundations, guy wires and guy anchorages, and
structural components (collectively referred to herein as the "FACILITIES"), in, on, over, under and
across that certain real property situated in the S. McCracken Survey, Abstract No. 817, Denton
County, Texas, being approximately 5.193 acres and being more particularly described in E�hibit "A",
and depicted in Exhibit "B", respectively, each attached hereto and incorporated into and made a part
of this document by reference (the "EASEMENT PROPERTY").
GRANTEE shall have the right of ingress, egress and regress in, on, over, under and across the
EASEMENT PROPERTY for the puiposes of, and right to, construct, maintain, operate, improve,
reconstruct, increase or reduce the size and capacity, repair, relocate, inspect, patrol, maintain, remove
or replace such FACILITIES within the EASEMENT PROPERTY as GRANTEE may from time to
time find necessary, convenient or desirable, along with all rights necessary or convenient for full use
and enjoyment of the above grant, including access over, across and upon the EASEMENT
PROPERTY. GRANTE� shall have the right to trim or remove trees or shrubbery within said
EASEMENT PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary or desirable to
prevent possible interference with the efficiency, safety and/or convenient operation of the
FACILITIES or to remove possible efficiency, safety or operational hazards thereto. GRANTOR shall
not make changes in grade, elevation or contour of the EASEMENT PROPERTY or impound water
within, over and/or across the EASEMENT PROPERTY without prior written consent of GRANTEE.
GRANTEE, at GRANTEE' S sole cost and expense, shall have the right to install gates in existing
fences within such EASEMENT PROPERTY.
GRANTOR, for itself, its successors and assigns, subject to the terms herein, expressly reserves
the right to occupy and use the EASEMENT PROPERTY for all other purposes that will not interfere
with the GRANTEE'S full enjoyment of the EASEMENT and/or the exercise of GRANTEE's rights
hereunder.
GRANTOR acknowledges the EASEMENT granted herein is exclusive, so as to exclude all
other utility providers or any other party's use of the EASEMENT PROPERTY; provided, however,
the EASEMENT is nonexclusive as to GRANTOR'S right to use the EASEMENT PROPERTY in
accordance with the terms hereo£ Upon written consent of GRANTEE, such consent to be exercised
2
at the sole discretion of GRANTEE, other utility providers may be permitted by GRANTEE under
separate grant from GRANTOR to construct, operate, maintain, repair, replace and remove their
respective utilities in, on, over, under, and across the EASEMENT PROPERTY perpendicularly or as
otherwise may be permitted by GRANTEE in writing. Nothing herein shall be construed to require
GRANTEE to allow such use or grant, and such use or grant shall be at the sole and absolute discretion
of GRANTEE.
GRANTOR represents and warrants to GRANTEE that as of the execution date hereof, no
buildings, structures, signs, obstructions or other facilities or improvements of any kind
("LTNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall not
construct, and GRANTEE shall have the right to prevent the construction of, UNPERMITTED
STRUCTURES on the EASEMENT PROPERTY, and if any UNPERMITTED STRUCTURES are
hereafter constructed or permitted by GRANTOR to exist within the EASEMENT PROPERTY
without prior written consent of GRANTEE, then GRANTEE shall have the right to remove the same
and GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such removal.
The EASEMENT, and all covenants and provisions hereof, shall constitute covenants running
with the land and shall bind and inure to the benefit of GRANTOR and GRANTEE, and their
respective successors, and assigns. This EASEMENT is subject to the terms of that cei-tain Easement
Purchase and Abandomnent Agreement, dated , 2014, by and between
GRANTOR and GRANTEE.
TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEMENT unto Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise.
3
WITNESS THE EXECUTION HEREOF as the _ day of , 2014.
C : _ ►YY�It�
Denton Independent School District,
a subdivision of the State of Texas
C
Name:
Title:
CONSENTED TO BY:
ERI-Milis Road, L.P.
a Texas limited partnership
By: Elk Rivers Investments, Inc.
a Texas corporation, it's General Partner
:
John W. Pearson
Title:
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on , , 2013, by
, of Denton Independent School District, a subdivision of
the State of Texas, on behalf of said independent school district.
Notary Public, State of Texas
My commission expires:
�
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of , 2014 by John W.
Pearson, (Title) on behalf of Elk River Investments, a Texas corporation, as the
General Partner of ERI-Mills Road., a Texas limited partnership, on behalf of said limited partnership.
Notary Public, in and for the State of Texas
My Commission expires:
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
Real Estate and Capital Support
901-A Teaas Street, 2"`� Floor
Denton, Texas 76209
Attn: Paul Williamson
rx�-�IBtT «a„
LEGAI_, DESCRIPTTON
B�ING A 5. (93 AC}tE TRACI' OF LAI�D SITUATED IN THE S. McCRACKEN SURVBY,
ABSTRACT NUI�4B�R 817, D�NTON COUNTY, TLXAS. AND BEiNG A PURTION OF TI-IAT
CERTAIN TRACT OF LAND DESCRI13rD IN DZGD TO DENTON INDEPENDENT SCHOOL
DIS"rRICT (DISD) RECORDED IN DOCLIMENT NUMB�ft 97-83710 OF THE DEED RL-CORD5
OF DEN��ON COUN'I'Y, TEXAS. SAID 5.193 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED SY METES AND BOUNDS AS FOLLOWS:
BEGIPiNING at a broken conccete monument f'ound at the most easeerly southeast cor��e-r of said
DISD traet and being the most southwesterly corner of a tract of land as described in deed to SEL
SC-1�R1vIAN DWVE, LLC as recorded in Document Number 0&00710 of said Deed Records and also
being on tlle northerly ri�ht-of-way line of State Highway Loop 288 (A Variable Width Ri�hr-of
Way);
THENCE South 85° 59' l�" West, along the not�therly right-of-way line of said State Highway Loop
288, a distance of 30.79 feet to a point for carner, fr•om 4vhich a brokezi concrete moi�ument found at
the most southerly southeast cornea� of said D1Sll tract bears South 85° 59' 15" West, a distance of
13.94 feet;
THENCE, depaning the northerly right-of-way Iine of said State Highway Loop 288 and across said
DISD tract the following courses:
Nocrth 60° 23' S3" West, a distance of 125.00 feet to a point for corner;
North 62° 20' 02" West, a distance of 205,75 fe�et to a point for coruer;
North 65° 5�1' 29" West, a distance of 20336 fee[ to a point for con�er, from �vhich a broken
concrete monument found on the northerly right-of-way line of said Loop 288 bears
South 17° 33' 17" West, a distance of 10.05 feet;
North 75° 26' 38" West, a distance of �33.86 feet to a pouit for corner;
North 78° 3 l' OS" West, a distance oi 351.87 feet to a point for co��ier;
North 80° 04' 13" West, a distance of 354.00 feet to a point for corner;
North 79° 47' 27" West, a distance of 303.28 feet to a point for corner;
North 82° 23' 17" West, a distance of 373.84 feet to a point for cornei;
North 86° 59' 37" West, a distance of 367.81 feet to a point for corner;
North S9° 29' 12" West, a distance of i 68.67 feet to a point for coiner on the easterly line oi
a 12ight-of-Way Dedication as sklown on the final plat of the Denton Farly Childhood Cenear
as recorded in Ducument Number 1 0-0040 1 1 3 of said Deed Records and from �v�hich a S/8
inch iron rod with cap found oi1 the northexly right-of-�vay line c,f said State Highwa_v Loop
288 and the most southerly southeast corner of said Denton Early Childhood Center bears
South 00° 07' 48" West, a distance of 10.00 feet;
TI-[�NCE North 00° UT 48" East, alana said Right-of Way Dedication line, passin� a 5/8 inch
capped iron rod stamped "TNP" set at the intersection of the centerliiie of Che herein described tract
and said right-of-�s�ay line, continuing in all a total distance of 7�.00 feet to a point for corner;
Page 1 of 6
THEIYCE, departin� said Kight-of-Way Dedication line and across said DtSD tract the folkn�-ing
c�ueses:
South 89° 29' 12" East, a distance of ] 70.81 feet to a point for corner;
South 86° 59' 37" �ast, a ciistance of 372.46 feet to a point for corner;
South R2° 23' I7" East, a distance of 373.56 feet to a point for corner;
South 79° 47' 27" East, a distance of 304.80 feet to a point for corner;
South 80° 04' 13" East, a distance of �54.83 feet to a point for corner;
South 78° 31' OS" East, a distance of 354.90 feet to a point for corner;
South 75° 26' 38" East, a distance of 54?.13 feet to a point for corner;
South 65° 54' 29" East, a distance of 211.95 feet to a pouit for corner;
South 62° 20' 02" East, a distance of 209.36 feet to a point for corner;
South 60° 23' S�" East, a distance of 117.67 feet to a point for corner of the easterly line of
said DISD tract and ttle westerly line of said Sel Shei•man Dri��e tract and from whicll a 112
u�ch iron rod found at an angle point ui the easterly line of said DISD tract bears
Noirth �0° 58' 04" West, a distance of 217.09 feet;
THL;NC� South 00° 58' 04" East, along the cocnmon line of said DISD and Sel Shei7nan Drive
n•acts, passing a 5/8 inch capped iron rod stamped "TNP" set at the ultersection of the centerline of the
herein described tract and said common line, continuing in all a total distance of 67.31 feet to the
POINT OF BEGINNING and containing 5.193 acres of lancl, more or less.
������- ,--
�
Adam Whitfiel
Texas Registered Professional and Surveyor
Texas Re�istration No. 5786
��- t(.-ts
Date: Janua�y 16, 2013
�,�, K���
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EXHIBIT "C"
TO AMENDMENT NO. 2 TO INTERLOCAL 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.
ABANDONMENT AND RELEASE
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Denton Independent School District, a subdivision of the State of Texas
("Owner"), is the owner of certain lands located in theS. McCracken Survey, Abstract No. 817,
Denton County, Texas (the "Property");
WHEREAS, the Property is encumbered by (i) an easement, dated on or about August
26, 2003, fi•om Denton Independent School District to the City of Denton, Texas, recorded as
Document Number 158006, Real Property Records, Denton County, Texas; (the "Prior
Easement");
WHEREAS, pursuant to that certain Easement Purchase & Abandonment Agreement,
dated on or about May , 2014, City of Denton Ordinance No. 2014-_, the Denton City
Council authorized the City Manager, or his designee, to enter into this Abandonment and
Release for the express purpose of partially releasing the Prior Easement, said partial release
releasing the Prior Easement, INSOFAR AND ONLY INSOFAR as the Prior Easement covers
and includes those lands described on Exhibit "A", and depicted on Exhibit "B", respectively,
each attached hereto and made a part hereof (the "Abandonment Tract");
WHEREAS, the Prioi• Easement, INSOFAR as said Prior Easement covers, encumbers or
includes lands other than the Abandonrnent Tract, shall remain valid and subsisting, and in full
force and effect in accordance with the terms thereto.
NOW, THEREFORE, for and in consideration of the sum of Ten and no/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby stipulated, the City of Denton, Texas ("City") does by these presents, abandon and
release unto Owner, its successors and assigns, all of its right, to the Prior Easeinent, INSOFAR
AND ONLY INSOFAR as said Prior Easement cover or encumbers the Abandonment Tract.
Notwithstanding anything to the contrary contained herein, the City hereby expressly saves,
excepts, retains and reserves (i) any and all easements, rights and interests granted to, or owned
or claimed by, the City, by, through or under the Prior Easement, insofar as said Prior Easement
covers and encumbers any and all lands other than the Abandonment Tract; and (ii) any and all
easements, rights of way and any other rights or interests, other than the Prior Easeinent, whether
acquired, obtained, owned or claimed by the City or public, by through or under conveyance,
dedication by plat or other express dedication, iinplied dedication, prescription, or by any other
manner or means, in or to lands in which the Prior Easement may cover, encumber, include,
cross or overlap.
2
Executed this day of , 2014.
CITY OF DENTON, TEXAS
By:
GEORGE C. CAMPBELL,
CITY MANAGER
Date:
2014
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
� -.
Date:
2014
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
C
Date:
STATE OF TEXAS )
COUNTY OF DENTON )
2014
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of , 2014 by
George C. Carnpbell, City Manager, City of Denton, Texas, on behalf of said City.
Notary Public, in and for the State of Texas
My Commission expires:
3
EXHIBIT "A"
LEGAL DESCRIPTION
PROPOSED EASEMENT ABANDONMENT
BEING a 1.247 acre tract of land situated in the S. McCracken Survey, Abstract Number H17, City of Denton,
Denton County, Texas, and being part of that tract of land described in a Deed to Denton Independent School
District (DISD), as recorded in Docurnent Number 97-83710 of the Real Property Records of Denton County, Texas,
and also being part of a called 19.67 acre Public Drainage Easement, as recorded in Document Number
2003-000158006 of the Real Property Records of Denton County, Texas, and being more particularly described as
follows:
COMMENCING at a P.K. Nail found for the Northeast corner of the above cited DISD tract, the Northeast corner of
the above cited Public Drainage Easement and the Northwest corner of a tract of land described in a Deed to Sel
Sherman Drive, LI.C, as recorded in Document Number 2008-0710 of the Real Property Records of Denton County,
Texas;
THENCE South 02° 10' 44" West along the Easteriy line of said DISD tract and Public Drainage Easement, and the
West line of said Sel Sherman Drive tract, for a distance of 310.35 feet to point for corner at the POINT OF
BEGINNING for the herein described easement abandonment tract;
THENCE South 02° 10' 44" West continuing along the Easterly line of said DISD tract and Public Drainage
Easement, and the West line of said Sei Sherman Drive tract, for a distance of 206.45 feet to a 1/2 inch iron rod
found for corner at an angle point;
THENCE South 00° 58' 04" East continuing a�ong the Easterly line of said DISD tract and Pubiic Drainage
Easement, and the West line of said Sel Sherman Drive tract, for a distance of 284.40 feet to a broken concrate
monument found for corner in the Northerly line of State Highway Loop 288 (a variabie width right-of-way), said
point being the Southeast corner of said DISD tract and said Drainage Easement, and the Southwest corner of said
Sel Sherman Drive tract, from which a broken concrete monument found for reference in the Westerly line of F.M.
428 (Sherman Drive, a 100' right-of-way), bears North 72° 21' 59" East a distance of 22.61 feet;
THENCE South 85° 59' 15" West along the Northerly line of said State Highway Loop 288, for a distance of 44.73
feet to a broken concrete monument found for corner at the beginning of a non-tangent curve to the left;
THENCE in a Northwesterly direction, continuing along the Northerly line of said State Highway Loop 288, and
along said non-tangent curve to the left having a centrai angle of 01 ° 55' S4", a radius of 5839.58 feet, a chord
bearing of North 61° 57' 43" West, a chord distance of 196.86 feet and an arc length of 196.86 feet to a point for
corner, from which a broken concrete monument found for reference bears North 64° 30' S2" West, a chord distance
of 323.39 feet and along said curve, an arc length of 323.44 feet;
THENCE North 28° 53' 25" East departing the Northerly line of said State Highway Loop 28£3, and across said DISD
tract and Drainage Easement, for a distance of 458.29 feet to the POINT OF BEGINNING, and containing 1.247
acres of land, more or less.
� .
Todd B. Turner, R.P.L.S.
March 21, 2014
Aug. 15, 2012 — Field
T.B.P.L.S. Firm No. 10011601
�,`Q;.�GISTE
GJ- 4' �'
TpDD B. NRNER
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AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May6,2014
Parks and Recreation Department
John Cabrales, Jr.
��
Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed
$13,500 of in-kind services and resources for the 2014 Denton Air Show to be held at the Denton
Enterprise Airport on June 14, 2014; and providing an effective date.
BACKGROUND
The Denton Air Show Committee requests the City's participation as a sponsor at the same level
as previous years. Various City departments have provided in-kind services and resources
including staff, equipment, supplies, and facilities.
Established in 1984, the Denton Air Show is directed by the non-profit Denton Airfair, Inc.,
which today continues its mission to inspire education and the history of aviation at the Denton
Enterprise Airport. The Air Show anticipates between 9,000 - 15,000 attendees and 35-45
vendors. Coordinated by David Schultz Airshows LLC, the Air Show offers a mixture of
aerobatic displays, vintage warbirds with formation flying and military demonstrations.
For the past several years, the military pilots have done presentations to the summer camps
offered by Parks and Recreation. Prior to the Air Show opening on Saturday morning, there will
be a breakfast with the pilots that will be open to the public.
PRIOR ACTION/REVIEW
This is the 30th Annual Denton Air Show and the City has provided support for the past events.
In the 2014 Budget, the City Council approved $10,240 in HoteUMotel Occupancy Tax (HOT)
funds for the Denton Air Show.
FISCAL INFORMATION
An estimated cost to provide the requested in-kind services and facilities is $13,388. The total
costs of in-kind services, facilities, and HOT Funds are $23,628, for which the City is recognized
as a sponsor at a level equal to the in-kind value.
Agenda Information Sheet
May 6, 2014
Page 2
EXHIBITS
1: In-kind Services and Resources provided by City of Denton
2: Ordinance — Air Show Sponsorship
Respectfully submitted:
�►��- �y'��
Emerson Vorel, Director
Parks and Recreation
Prepared by:
� ���
Janie McLeod
Community Events Coordinator
Exhibit 1
In-Kind Services and Resources
Provided by City of Denton to
Denton Air Show
2013 and Proposed 2014
City In-Kind City City Equipment & Waived HOT Total Costs
Contribution Personnel Personnel Supplies Fees Funds*
Reg. Time Overtime
Parks &
Recreation $3,840 $3,840
Police $6,898 $6,898
Airport Staff $1,450 $1,200 $2,650
Total
In-Kind
Services $13,388
HOT Funds $10,240 $10,240
Grand
Total $3,840 $8,348 $1,200 $10,240 $23,628
* HOT funds are approved in a separate budget. HOT Funds were included to show the total of
the City's contribution to Denton Air Show.
The proposed in-kind services for 2014 are estimated to be the same as 2013.
O:\Agendas\CABRALES AGENDA ITEMS\2014 Agenda Items\OS May, 2014\May 6\PARD\Airshow Sponsorship\Air Show Sponsorship (6).doc
EXHIBIT 2
ORDINANCE NO.
AN ORDINANCE APPROVING A CITY SPONSORSHIP 1N AN AMOUNT NOT TO
EXCEED $13,500 OF IN-KIND SERVICES AND RESOURCES FOR THE 2014 DENTON
AIIZ SHOW TO BE HELD AT THE DENTON ENTERPRISE AIIZPORT ON JUNE 14, 2014;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Denton Air Show Committee is requesting the City of Denton to
participate as a sponsor, at the same level as in previous years, for the event to be held at Denton
Enterprise Airport on June 14, 2014; and
WHEREAS, the City of Denton has sponsored up to $13,500 of in-kind services and
supplies for the 2013 event which included police, staff, equipment, supplies, and facilities; and
WHEREAS, in exchange for the said support the City of Denton was considered to be an
event sponsor of the said event at a sponsorship level equal to the value of the in-kind service
tendered; and
WHEREAS, the City Council finds that it is in the public interest and benefit to the
citizens of the City of Denton to participate as a sponsor at a level not to exceed $13,500 of in-
kind services for the event to be held at Denton Enterprise Airport on June 14, 2014; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The City Council finds that it is in the public interest and benefit to the
citizens of the City of Denton to participate as a sponsor at a level not to exceed $13,500 of in-
kind services and supplies, including but not limited to police, staff, equipment, supplies and
facilities, and the said participation is hereby approved.
SECTION 2. This ordinance shall be effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
MARK A. BURROUGHS, MAYOR
\ICODADIDepartmentslLegailOur pocumentsl0rdinances1141Air Show Sponsorship.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � �
�
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Parks and Recreation
ACM: John Cabrales, Jr. ��
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, granting the Juneteenth
Celebration a three-year exception, 2014, 2015, and 2016, to the limitations imposed by Section
17-20 of the Code of Ordinances of the City of Denton, Texas, granting an increase from 70 to
75 dba loudspeaker amplification and increased hours of operation for three consecutive years,
that being: June 13, 2014, 4 p.m. until 11:30 p.m. and June 14, 2014, 10 a.m. until midnight;
June 12, 2015, 4 p.m. until 11:30 p.m. and June 13, 2015, 10 a.m. until midnight; June 17, 2016,
4 p.m. until 11:30 p.m. and June 18, 2016, 10 a.m. until midnight; and setting an effective date.
Staff recommends approval of request.
BACKGROUND
The Juneteenth Celebration Committee is requesting a three-year exception to the noise
ordinance for their Juneteenth Celebration. The outdoor festival is hosted annually, one weekend
prior to June 19th, and held in Fred Moore Park.
This event commemorates the date, June 19, 1865, when General Gordon Granger informed
Texans that the Emancipation Proclamation was signed and made all sla�es free. The Juneteenth
Committee's mission is to actively preserve and promote the broad spectrum of African American
heritage through educational and cultural activities that benefit the City of Denton's community.
The 44th Juneteenth Celebration will feature a Gospel Extra�aganza Friday evening; Saturday will
include a parade, live bands, food vendors, choirs, entertainment, games, and children's activities.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The City Council has approved an annual exception to the noise ordinance for the Juneteenth
Celebration in prior years. This is their first request for a three-year exception to the noise
ordinance.
FISCAL INFORMATION
There is no fiscal impact to the City of Denton.
Agenda Information Sheet
May6,2014
Page 2
EXHIBITS
1. Letter of Request from Juneteenth Celebration Committee
2. Proposed Ordinance
Respectfully submitted:
�►��- �y'��
Emerson Vorel
Director of Parks and Recreation
Prepared by:
� ���
Community Events Coordinator
EXECUTIVE COMMITTEE
Willie Hudspeth
Chairperson
Cheylon Brown
Vice-Chairperson
Sharetta Lee
Secretary
Edward Patterson
Treasurer
SUB-COMMITTEES
Entertainment/Gospel
Darchel Levy
Cheylon Brown
Parade
Beatrice Clay
Softball
Denesha Factory
Vendors
Bobby Givens
Clark Coleman
Advertising
Chair/Photography
Anthony Caraway
Children's Games
Belinda Tupper
Sonya Young-Bailey
Volunteer Coordinator
Edward Patterson
H.O.T. Funds Coordinator
Nikole Chew-Jones
City of Denton Liaison
Janie McLeod
Yf Ykr� 4rllll 1IIH:((r 1�� ..
� f �
1 ��'.;�ti��t�'l���f .'�t�t�
-. ..��. ���
' � �;�� �� � �
Exhibit 1
P.O. Box 51291, Denton, Texas 76206 •(940) 349-8575
April 9, 2014
Dear Mayor and Members of the City Council:
The Denton Juneteenth Celebration Committee is requesting an exception of the
Noise Ordinance for our annual celebration at Fred Moore Park. This request is for
three years: June 13 and 14, 2014; June 19 and 20, 2015; and June 17 and 18,
2016. Also, an increase in decibels from 70 to 75, and the hours for amplified
sound on Friday to be extended from 10 p.m. to 11:30 p.m. and for Saturday until
midnight.
Thank you for your consideration.
Always promoting "Unity in the Community".
-��ul�i���G L . ��
Sharetta C. Lee
Secretary
Denton Juneteenth Celebration Committee
"A reflection of our past, a celebration of our FREEDOM!"
www.dentonj uneteenth.org
S:1LegallOur pocwaentslOrdinances1141Juneteenth exemption from noise ordinance.doc
ORL3INANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING THE JUNETEENTH
CELEBRATION A THREE-YEAR EXCEPTION, 2414, 2015, AND 2016, TO THE
LIMITATI�NS IMPOSED BY SECTION 17-20 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS, GRANTING AN 1NCREASE FROM 70 TO 75 DBA
LOUDSPEAKER AMPLIFICATION AND INCREASED HOURS FOR THREE
CON�ECUTIVE YEARS, THAT BEING: JLTNE 13, 2014, 4 P.M. UN�'IL 11:30 P.M. AND
JLTNE 14, 2014, 10 A.M. UNTIL MIDNIGHT; JiJNE 12, 201 S, 4 P.M. UNTIL 11:30 P.M. AND
JUNE 13, .2015, 10 A.M. LTNTIL MIDI�]IGHT; JCTNE 17, 20IG, 4 P.M. iJNTIL 11:30 P.M.
AND JUNE 1$, 2016, 10 A.M. LINTIL MIDNIGHT; AND SETTING AN EFFECTNE DATE.
WHEREAS, p�suant to § 17-20 of ihe Code of Ordinances of the City of Denton, Texas,
the Juneteenth Celebration has made applicatian to the City Council far an e�ception to the
pxovision of that same section restricting the opera#ion of amplified loudspeakers from Monday
through Saturday after 1 Q:00 p.m. and at any time on Sunday, in connectior� with the Juneteenth
Celebration annual event held at the Fred Moore Park, has req�aested a three-year exceptian be
granted for 2014, 2015 and 2016, to the lixnitatio�s imposed by section 17-20 of the code af
ordinances of the City of Denion, Texas, granting an increase fro�n 70 to 75 dba loudspeaker
amplif cation and increased ho�xrs of opera#ion, that being: J�ne 13, 2014, 4 p.m. until 1 i 30 p.�.
and June 14, 2014, 10 a.m. until midnight; June 12, 2015, 4 pm. until 11:30 p.m. and June 13,
241 S, 1 Q a.m, until midnight; June 17, 2� 16, 4 p.m, t�ntil 1�:30 p.m._and June 18, 2016, 10 a.m.
Lliltll 1?11{�Tll�lt.
VVI�EREAS, upon prior applicaiion and approval by the City Council of the City of Denton,
Texas, the Juneteenth Celebration has consistently demonstrated aver t�e past 43 years an ability to
responsibly operate amplified loudspeakers in connection vvith the Juneteenth Celebratian annual
event held at Fred Moore Park, at times past the hours defined in § 17-20 af the Code of Ordinances
of the City of Denton, Texas, within the public interest and wi�hout materially disturbing persons of
ordinary sensibilities in the immediate vicinity #hereof; and
WHEREA�, based upo�. this past history, th.e City Co�ncil o� the City of Denton, Texas
finds tnat granting an noise exception for this annual event for three-consecutive years, subject to
the restrictians contained herein, would serve the public interest; NOW, THEREFORE,
THE COUNCIL OF TI� CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Pursuant to § 17-20 of the Code of Ordinances, the J�eteenth Celebration is
hereby granted a three-year exception, 2014, 2015 and 2015, ta said section's 10:00 p.m lirnitation
from Monday ihrough Saturday and prohibition on Sunday, and the operation of amplified
loudspeakers, subject to the conditions listed below:
1. This exception to the limitations irnposed by section 17-2Q of the code a�
ordinances of the city of Denton, Texas, is granted a� in connectian with the
operation of the Juneteenth Celebration annual event at the Fred Maore Park, and
allows at� increase frorn 70 ta 75 dba loudspeaker amplification and iricreased
hours for three consecutive years, that being: June 13, 201�, 4 p.m. until 11:30
p.m. and June 14, 2014, 10 a.m. until midnight; June 12, 2015, 4 p.m. until 1130
p.m. and June 13, 2015, 10 a.m. until rnidnight; June 17, 2016, 4 p.m. until 1130
p.m. and June 18, 2016, 10 a.m. until midnight.
2. The Juneteenth Celebration agrees to take full respansibility for ensuring that the
conditions of this exceptior� are met, and to take a11 reasonable measures necessary
to avoid disturbing persons of orditiary sensibilities in the immediate vici�ity af #he
event.
3. The Juneteenth Celebration agrees to cease using amplified loudspeakers at 1I:30
p.m. on Friday and at 12:00 midnight on Saturday.
4. Under no circumstances shall the annual event emplay the use of arnplified
loudspeakers past 12:00 midnight on Friday or SatUrday.
5. Under no circumstances sha1� the annual event employ the use o£ amplified
�oudspeakers that exceed 75 dba when measured from the peri.meter of the source as
measured by an appraved measuxix�g instruznent.
6. This ordinance confers no personal or property ri�ts, and may be amended,
modified, superseded or revaked in whole or in part at the will of the City Council of
the City of Denton, Texas, wit�iout anp advance waming, hearing or compensation,
for any reason at a11, or for no reason.
7. This ordinance shall be starictly construed as an exceptian granted pursuant to § 17-20
of the Code af Ordinances of the City of Dentan, Texas. The City of Denton., Texas
expressly reserves unto iiself and a11 other persons any and a111ega1 reFnec�ies, civil
or criininal, relating to excessive noise in connection with this annual eveni, and
hereby disclaims any pramissoty or equitable e�toppel which might in any way
impede the pursuit af such remedies by any person.
SECTION 2. This Ordinance shali become effective immediately upon its passage and
approval, and expire three years hence, unless sooner repealed, modified ar rescinded.
PASSED AND APPROVED this the day of � _ , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
MARK A. BURROUGHS, MAYOR
Page 2 of 3
APPRQVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
.
�...
BY:
Page 3 of 3
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Parks and Recreation Department �
ACM: John Cabrales, Jr.
SUBJECT
Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed
$13,500 of in-kind services and resources for the Juneteenth Celebration to be held in Fred
Moore Park on June 13-14, 2014; and providing an effective date.
BACKGROUND
The Juneteenth Committee requests the City's participaticipation as a sponsor at the same level
as previous years. Various City departments have provided in-kind services and resources
including staff, equipment, supplies, and facilities.
The Juneteenth Celebration is organized by community volunteers and estimates approximately
3,000 attendees and 25-30 vendor booths.
PRIOR ACTION/REVIEW
This is the 44t Juneteenth Celebration and the City has provided support for each year of the
event. In the 2014 Budget, the City Council approved $12,430 in HoteUMotel Occupancy Tax
(HOT) funds for the Juneteenth Celebration.
FISCAL INFORMATION
An estimated cost to provide the requested in-kind services and facilities is $13,384. The total
cost of in-kind services, facilities, and HOT Funds is $25,814, for which the City is recognized
as a sponsor at a level equal to the in-kind value.
EXHIBITS
1. In-Kind Services and Resources Provided by City of Denton
2. Proposed Ordinance
Respectfully submitted:
�►,�- ���� .
Emerson Vorel, Director
Parks and Recreation
Prepared by:
� ���
Community Events Coordinator
Exhibit 1
In-Kind Services and Resources
Provided by City of Denton to
Juneteenth Celebration
2013 and Proposed 2014
City In-Kind City City Equipment & Waived HOT Total Costs
Contribution Personnel Personnel Supplies Fees Funds*
Reg. Time Overtime
Parks &
Recreation $1,024 $2,678 $162 $3,984 $7,848
Police $5,536 $5,536
Total
In-Kind $13,384
Services
HOT Funds $12,430 $12,430
Grand
Total $1,024 $8,214 $162 $3,984 $12,430 $25,814
* HOT funds are approved in a separate budget. HOT Funds were included to show total of
City's contribution to Juneteenth Celebration.
The proposed in-kind services for 2014 are estimated to be the same as 2013.
11CODAD1DepartmentslLegallOur pocumentsl0�rdinances114Uuneteenlh Celebeation Sponsorship.docx
E�iibit 2
ORDINANCE NO.
AN ORDINANCE APPROVING A CITY SPONSORSHIP IN AN AMOUNT NOT T4
EXCEED $13,500 OF iN-KIND SERVICES AND RESOURCES F�R THE JLTI�TETEENTH
CELEBRATION T O BE HELD 1N FRED M OORE PARK ON JUNE 1 3-14, 2p14; AND
FROVIDING AN EFFECTIVE DATE.
WHEREAS, the Juneteet�tl� Celebratian is requesting the City of Denton to partici�ate as
a sponsor, at the same level as in pzevxous yeaxs, far the event to be he�d in Fred Moore Park on
June 13-14, 2014; and
WHEREA�, the City of Denton has spo�sozed up to $13,500 of in-kind services and
supplies for the 2013 event which included police, park staff, equipment, supplies, and facilities;
and
WHEREAS, in exchange for the said support the Ciiy of Denton was considered to be an
event sponsor of the said even.t at a sponsorsl�ip level equal to the value of the in-kind service
tendered; and
WHEREAS, the City Couzlcil finds tY�at it is in the public interest and benefit to the
citizens of t1-ie City of Dentan ta participate as a sponsor at a level not to exceed $13,500 of in-
kind services for the event to be held in Fred Moore Park on June 13-14, 2014; NOW,
THEREFORE,
THE COUNCIL QF THE CITY OF DENTON HEREBY ORDATNS:
SECTION 1. The City Cawrzcil finds #hat it is in the public interest and benefit to the
citizens of the City of Denton to participate as a sponsor at a Ievel not to exceed $13,500 of in-
kind services and supplies, including but not limited to police, park staff, equipment, supplies
and facilities, and the said participation is hereby approved.
�ECTTON 2. This ordinance shall be effective izx�xaediateIy upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
MARK A. BURROUGHS, MAY�R
IICflDADIDepartmentsl%egallOur pocumentsl0rdinances114Uuneteenil� Cele6ration Sponsorship.docx
E�iibit 2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I: •
APPROVED AS T� LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
�
BY:
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Engineering Services
ACM: Jon Fortune �'�
SUBJECT
Consider adoption of a resolution of the City of Denton, Texas, providing the City's position to
the Texas Department of Transportation pertaining to its proposed Turnback Program; and
providing an effective date.
BACKGROUND
The Texas Department of Transportation (TxDOT) has been moving towards implementation of
a"turn back" program for some time now, primarily as a cost savings measure for the State.
Staff previously discussed a proposed position on the turn back program at Mobility Committee
and subsequently issued a letter to the TxDOT Area Engineer, Nancy Cline, P.E. on January 15,
2014. City Council was subsequently provided with an informal report on the matter. Additional
general information on the program is shown on Exhibit 4.
TxDOT is setting aside a"one-time" pool of funding in the amount of $100 million for cities
within a Metropolitan Planning Organization (MPO) that volunteer to take part in the program.
It is staff's understanding that the funding is available on a"first come, first serve" basis and is
to be used on future projects (the mechanism for its use and the projects on which it can be used
are not clearly established at this time). One of the requirements for participation in the turn
back program is the adoption of a resolution of the City Council stating a willingness to
participate and specifying at what level of participation (assume ownership of all, parts or some
of the TxDOT roadways under consideration as part of the program).
Staff has taken the letter sent to Ms. Cline and used it as the basis for preparation of two versions
of such a resolution. The first version (see Exhibit 5 for "Option 1") essentially converts the
language from the letter into positive statements about what the City finds acceptable. The
second version (see Exhibit 6 for "Option 2") differs in that it states that FM 1515 should remain
a TxDOT roadway and strongly encourages TxDOT to improve it to a secondary arterial section
inasmuch as it serves as an intermodal freight connection between IH35W, the Denton Airport
and the Airport Industrial Park.
Staff presented these resolutions to Mobility Committee for discussion and recommendation on
May 2, 2014 and will have the recommendation of the Mobility Committee available for City
Council at their meeting on May 6, 2014.
OPTIONS
l. Approve Option 1 Resolution.
2. Approve Option 2 Resolution.
3. Consider and approve any alternate options recommended by Mobility Committee as
applicable.
4. Decline to recommend approval of any of the listed options and provide staff with alternative
language or direction.
RECOMMENDATION
Staff recommends approval of the resolution as shown in Exhibit 6(Option 2).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
1. Mobility Committee Meeting of January 14, 2014.
2. Informal Staff Report to City Council on January 17, 2014.
3. Mobility Committee Meeting of May 2, 2014.
FISCAL INFORMATION
Not applicable.
BID INFORMATION
Not applicable.
EXHIBITS
L Minutes from Mobility Committee Meeting of January 14, 2014.
2. January 15, 2014 Letter to Nancy Cline, P.E.
3. January 17, 2014 Informal Staff Report to City Council.
4. TxDOT Turn Back Presentation from March 27, 2014.
5. Resolution — Option 1.
6. Resolution — Option 2.
Respectfully submitted,
Frank G. Payne, P.E.
City Engineer
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MOBILITY COMMITTEE AGENDA ITEM #1
DRAFT MINUTES
City Council Mobility Committee
Tuesday, January 14, 2014
After determining that a quorum of the Mobility Committee of the Denton City Council was
present, the Committee convened into a meeting on Tuesday, January 14, 2014 at 1:34 p.m. in
the City Council Work Session Room, 215 E. McKinney Street, Denton, Texas.
Present: Mayor Pro Tem, Pete Kamp; Committee Council Member, Dalton Gregory and
Council Member, Kevin Roden
Also Present: Mark Nelson, Director of Transportation; Frank Payne, City Engineer; Lindsey
Baker, Intergov Relations and Public Information Officer; Alison Ream, Assistant
to the City Manager; Dee Leggett, DCTA; Jim Cline, DCTA; Richard Huckaby,
DCTA; John Polster, ITS; and Kim Mankin, Administrative Supervisor.
OPEN MEETING
l. Consider approval of the Mobility Committee of the Denton City Council meeting minutes of
December 10, 2013.
Approved as circulated
26 2. Receive a report and hold a discussion regarding City of Denton response to Texas
27 Department of Transportation Turnback Program.
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Frank Payne, City Engineer, talked about this item. Kamp stated that the backup was very
through and thanked Payne for the great information.
32 Payne stated that he, Jon Fortune and Howard Martin met with Nancy Kline and talked about the
33 potential impacts. There has been some correspondence prepared but not sent (to TxDOT). The
34 financial information that was included was based off some gross numbers for construction.
35 Also estimated miles turned into lane miles to show the cost if the roads were actually owned
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and had to increase to the needed capacity and maintenance costs. Staff needs to give the State a
position from the City which is included in this backup. Martin has been talking with Kline
about this. Payne went over the list with Martin and was in agreement with the response. Payne
was unsure if this would be in a letter signed by the Mayor or the City Manager. The State has
40 been told they would have a response by the end of the month. With this Committee's
41 concurrence staff would like to tell them that there is no reason Loop 288 doesn't need to be
42 under TxDOT's maintenance. That one they would need to keep. On Hwy 377 right now it is
43 disjointed, there is a section that is turned back without connectivity. Rather than to simply say
44 TxDOT needs to hold on to that section, it has been talked to the State before about re-routing
Mobility Committee Meeting Draft Minutes
December 10, 2013
Page 2 of 3
1 Hwy 377 and go with I-35E to Loop 288 so that is a more logical route rather than running it
2 through town. Hwy 77 and FM 2164 within the Loop, as long as the roadway have an acceptable
3 OCI level or can we receive funding to get them to an acceptable OCI level. There are water and
4 wastewater lines that are in Elm and Locust that need to be replaced. Those lines are in the
5 utility CIl' and we are working on bidding those jobs out. Payne talked to Kline and told her the
6 City can't wait any longer to upgrade the lines so the City will bid the jobs with a temporary
7 patch. It is also a way to keep the pressure on and let them know we need move forward with
:
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those projects. Gregory asked when you say a temporary patch, there is a temporary patch on
Burning Tree and it is very rough; will this be the same. Payne stated it would be more of a
stable temporary patch and suggested he would look into the problem on Burning Tree. Gregory
was concerned that Elm and Locust would be very rough for a long period of time. Payne added
that it wouldn't be (rough), it will be more durable and hopefully seamless.
Gregory asked if the full Council would see the letter before it would be sent to TxDOT. Payne
stated with the time constraints he would like to send it with the agreement of this Committee.
16 Kamp stated that this isn't the first time Council has talked about this. If this is agreed upon then
17 an informal staff report could be sent to the full CounciL Kamp stated that she and Martin
18 visited with Nancy Kline two years ago regarding this subject matter. Kamp talked in Austin
19 using Elm and Locust as examples of ones that the City of Denton wants back Kamp has talked
20 with Nelson and Polster about the City of Denton being a positive example for this program as
21 opposed to negative. Kamp told Payne that his plan is a very good plan, everything that has been
22 put in including the financial portion and practical and that the City of Denton wants to work
23 with TxDOT as partners in this program. Part of the point that TxDOT was making was that
24 they will re-hab the streets before they are turned over. Polster added that he believes Payne is
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on an expedited schedule because the State has made available $100 million for negotiations
with entities that will accept the roads. It is a first come first served state wide. Bill Hale is
adamant that his communities that intend to take on streets get as much of the funds as possible.
Payne agreed. Kamp stated that this coming up now would not be a surprise to any of the
Council an informal staff report would be fine.
Gregory stated that at one point he has heard that Hwy 377 would be moved over to Carroll
Boulevard, now it is to Loop 288. Why was this decided on. Payne answered the change was
made early to get everything within the Loop off system and on to our maintenance program.
Everything on Loop 288 from Hwy 380 to I-35 has already been moved out, the utilities have
already been relocated. Staff felt like it would be the best for utilities and the system.
Roden asked in the informal staff report if Payne would add information about the funding
possibility and that is the timing constraints.
Kamp stated in knowing this has already been worked on; it is more of an opportunity for the
City.
Mobility Committee Meeting Draft Minutes
December 10, 2013
Page 3 of 3
2 Kamp lastly stated that the information that was presented was very positive and the Committee
3 affirms.
4
5 Kamp let Payne know that is exactly what she was looking for. Payne will get the letter ready
6 and attach to the informal report for Council.
� -`� ���� EXHIBIT 2
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901A TEXAS ST. DENiOW TEXAS i62t19 •( 1349-891 t? •�AX (8401349-8959
ENt�/MEEt?lMt� SERViCES
January 15, 2014
Nancy Cline, PE, Area Engineer
TxDOT Dallas District, Denton Ofiice
Texas Department of Transportation
2624 W. Prairie
Denton, TX 76201
Re: Texas Department of Transportation Propased Turn Back Pragram
Dear Ms. Cline:
This letter is intended to convey ta you the City of Denton's position on the "turn back"
program that the Texas Department of Transportation (TxDOT) has proposed for
implementation as it applies to Denton, Texas. The roadways that TxDOT has discussed
far turn back to Denton are shown on the attached map.
The City has noted that there are a few inaccuracies/problems with the map and proposal
as received from TxDOT:
l. The map shows FM 42$ from US Hwy. 77 (Locust) to Loop 2$8 (approximately
3.48 lane miles), FM 426 from US Hwy. 77 (Locust) to Woodrow (approximately
5.041ane miles), and FM 2181 from IH35E to Lillian Miller (approximately 7.52
lane miles) as being turned over to the City. These three sections of these roads
are designated as TxDOT roadways, but they are already maintained by the City
of Denton.
2. US Hwy. 377 appears to be disjointed between IH35E and US Hwy. 3$0.
Generally there appears ta be a lack of cannectivity between State roadways
resulting from the proposed turn back.
3. The lack of consideration of emergency routes or responses in the event of a
highway or freeway shutdown (where would vehicles be routed off IH35E in the
event of a total shutdawn %r instance).
4. Additional O&M considerations such as mowing, drainage, signs and markings,
etc.
It appears that the State would like to cede awnership and the attendant aperation and
maintenance (O&M) responsibility for a total of approximately 115.34 lane miles of
TxDOT roadway to the City af Denton based an the attached map. With the elimination
�r -. -. . �
. .� . .
Nancy Cline, P.E., Area Engineer
January 15, 2014
Page 2
af those sections of roadway the City already maintains (listed above), the adjusted tatal
is approximately 99.301ane miles. Assuming that this transfer is done without expanding
the capacity of any of these roadways (FM 426 to a secondary arterial or FM 2181 ta a
primary arterial as currently planned by TxDOT), this transfer represents an approximate
additional $0.9 miilionfyear in annual O&M dallars just for the roadway (does not
include drainage, signs, signals, mowing, etc.). If the State expands FM 426 and FM
21$1 as planned prior to turning them back, it appears this would increase the lane miles
to the City by approxirnately 21.5 miles, increasing the total lane miles for O&M to 120.8
and the additional annual O&M dollars to $1.1 million/year.
As previously discussed with you, the City is amenable to accepting some roadways for
operation and maintenance, depending on the condition of the roadways proposed to be
transferred to the City at the time of their transfer, such condition being deiined by the
City to a level of service life that would be considered acceptabie, and depending on the
lacation of the roadways in question. With some assistance fram Denton County, the
State has previousiy budgeted far and designed improvements ta FM 426 from just west
of Woadraw Lane to east of Billy Ryan High School and to FM 21$1 from its
intersection wi�h Lillian Miller south and east to the city limits line with Corinth. It is the
City's position that these raadway widening and improvement prajects need to be carried
out by TxDOT as planned. In addition to FM 426 and FM 2181, the conditian of Elm
and Locust (US 77/37?) have eroded and planned utility upgrades along their lengths
make the complete rebuild of these two roadways an expected necessity. FM 1515 and
FM 1830 are both thought to be in need of a complete rebuild.
The City's response or position on the proposed turn back is as fallows:
l. Loop 28$ needs to be retained by TxDOT far ownership and O&M in its entirety.
There is no scenario that is apparent to the City of Denton where this roadway
shouid not be an integral part of the State's highway system, particularly since it
serves as an ardinance based truck route around the City and a relief route to the
interstate highway in the event of a shutdown or emergency on IH35E.
2. US Hwy 377 — Rather than having US Hwy 377 routed up Fort Worth Drive and
then Elm/Locust ta and from US Hwy 380 (University Drive), it is suggested that
the route designation be switched at the intersection of US Hwy 377 and IH35E
such that US Hwy 377 diverts to IH35E and then to Loap 288 untii it intersects
with US Hwy 380 on the east side of town. This change will preserve the
connectivity of US Hwy 377 through Denton.
3. US Hwy 7� and FM 2164 — For US Hwy 77 from IH35E north and west through
town to IH35N and for FM 2164 from the split at Elm Street north to Loop 28$,
the City is willing to consider ownership of these raadways. For the Dallas Drive
Nancy Cline, P.E., Area Engineer
January 15, 2014
Page 3
and Elm Street (north and west of the split with Locust) sections of US Hwy 77
the City will consider accepting ownership of these roadways "as is" pending
verification that their overall condition index (OCI) is acceptable. For Elm and
Locust Streets between Dallas Drive and the split of US Hwy 77 and FM 2164
and for FM 2164 north of this split to Loop 288, the City will not accept
ownership of these sections of roadways unless or until TxDOT either (a)
improves their condition to an acceptable OCI or minimum design life or (b}
provides the City of Denton with funding to improve the condition of these
segments to that mir�imum acceptable OCI or design life.
4. FM 426 (McKinney Street) — From US Hwy. 77 (Locust) to Woodrow this
section of roadway is already maintained by the City af Denton. TxDOT has
already budgeted for the widening and improvement of FM 426 from just west of
Woodrow out past Billy Ryan High Schoal. The Ciry of Denton wi11 consider
accepting the ownership and attendant O&M responsibility for the section of FM
426 that is planned for improvement by TxDOT if the improvements are carried
out as planned. For the section of FM 426 that extends east of Billy Ryan High
School to the roadway's terminus, the City will consider accepting ownership of
this roadway pending verifieation that its overall condition index (OCI) is
aceeptable. If the OCI is not acceptable, then the City will consider accepting
ownership if TxDOT will agree to either (a) imprave its condition to an
acceptable OCI or minimum design life or (b) provide the City of Denton with
funding to improve the condition of this segment to that minimum acceptable OCI
or design life.
5. FM 2181 (Te�sley Lane) — Fram IH35E to Lillian Miller (7.52 lane miles) this
section of roadway is already maintained by the City of Denton. TxDOT has
already budgeted for the widening and improvement of FM 2181 from Lillian
Miller south and east to the city limit border with Corinth. It is the position of the
City af Denton that the ownership and attendant O&M responsibility for this
roadway should be retained by TxDOT.
6. FM 1$30 (Country Club Road} — It is the position of the City of Denton that the
ownership and attendant O&M responsibility for this roadway should be retained
by TxDOT.
7. FM 1515 (Airport Road) — The City is not aware of any plans by TxDOT to
widen ar improve FM 1515 between IH35E/Bonnie Brae Road and the Denton
Municipal Airport beyond the possible replacement of the bridge over IH35W in
conjunction with the future widening of that highway. The section between
IH35W and Dentan Municipal Airport is a two lane rural road that the City would
like to see irnproved to secondary arteriai capacity (four lane divided section with
110' of ROW). The City would like to know the State's wiliingness to improve
this roadway to the listed capacity in conjunction with the City accepting
ownership of it. If TxDOT is unwilling to perform actual improvements to the
roadway, the City may consider accepting ownership of FM 1515 pending
verification that its overall condition index (OCI) is acceptable. If the OCI is not
Nancy Cline, P.E., Area Engineer
January 15, 2014
Page 4
acceptable, then the City may cansider accepting ownership if TxDOT will agree
to either (a) improve its condition to an acceptable OCI or minimum design life or
(b) pravide the City of Denton with funding to imprave the condition of this
roadway to that minimum acceptable OCI ar design life.
We appreciate your assistance and consideration in this matter. If you have any questions
or thoughts concerning the City's stance on the turn back program please do not hesitate
to contact me. Please contact me after TxDOT has had a chance to review this letter and
let me know when you wauld like ta meet to discuss this further.
Sincerely,
`"� `
Fr nk G. Payne, P.E.
City Engineer
Attachments
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Date: January 17, 2014
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
EXHIBIT 3
Report No. 2014-003
Texas Department of Transportation (TxDOT) proposed program to "turn back" roadways to
municipalities.
BACKGROUND:
The Texas Department of Transportation (TxDOT) has been contemplating a"turn back"
program for a number of months as a means of cost savings to the State. The attached AIS and
backup was presented to the Mobility Committee on January 14, 2014. The consensus reached
at Mobility Committee was that the AIS reflected the position that the City should take on the
matter. Staff moved forward with authoring a letter to TxDOT relating the City's position on
January 15, 2014, a copy of which is also attached.
Staff explained to the Mobility Committee that the reason for moving forward with a letter prior
to the end of January 2014 was twofold: TxDOT had requested a response from Denton by the
end of January; and the timeline set forth by TxDOT was based on the availability of funding
from the State to supplement the program. In other words, TxDOT has approximately $100
million available to the affected municipalities to pay for improvements to roadways that are
accepted by the municipalities for ownership on a first come, first served basis. Although this
seems like a large amount of funding, given the number of roadways involved these funds will
likely be allocated quickly.
ATTACHMENT(S):
Mobility Committee backup from January 14, 2014
Letter to Nancy Cline dated January 15, 2014.
STAFF CONTACT:
Frank G. Payne, P.E.
City Engineer
(940) 349-8946
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EXHIBIT 5
RESOLUTION NO. R2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
PROVIDING THE CITY'S POSITION TO THE TEXAS DEPARTMENT OF
TRANSPORTATION PERTAINING TO ITS PROPOSED TURNBACK PROGRAM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Texas owns and maintains a system of highways and roadways
in the City of Denton, Texas, pursuant to Transportation Code, Section 201.103; and
WHEREAS, Chapter 311 of the Transportation Code provides the City of Denton
exclusive dominion control and jurisdiction over and under the public streets within its corporate
limits and authorizes the City to enter into agreements with the State of Texas to fix
responsibilities for the maintenance, control, supervision, and regulation of State highways
within and through the City's corporate limits; and
WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its
discretion, to enter into agreements with cities to fix responsibilities for maintenance, control,
supervision, and regulation of State highways within and through the corporate limits of such
cities; and
WHEREAS, the State of Texas acting through its Executive Director of the Texas
Department of Transportation ("TXDOT") has made it known to the City that the State proposes
to transfer ownership of right-of-way (ROW) and the attendant maintenance and operation of
State highways within the City of Denton, hereinafter to be known as the TXDOT "Turnback
Program"; and
WHEREAS, the City Council has previously adopted a"Municipal Maintenance
Agreement" (hereafter the "Agreement") by and between the State of Texas and the City of
Denton, Texas setting forth the responsibilities of the two parties with respect to maintenance
and operation of State highways within the City of Denton; and
WHEREAS, the City of Denton's participation in the "Turnback Program" and full or
partial acceptance of the right-of-way and attendant maintenance and operation of State
highways within the City of Denton is hereby acknowledged as being on a purely voluntary basis
and will ultimately result in a modification of the Agreement, if enacted; and
WHEREAS, the State of Texas requires an adopted resolution from the City of Denton,
Texas setting forth its agreement to participate in the "Turnback Program" in order to proceed
with the transfer of right-of-way ownership, the attendant maintenance and operation
responsibilities for State highways, and the procurement of any available State funding which
may be associated with such actions; NOW, THEREFORE,
THE COUNCII, OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION l. The findings and recitations contained in the preamble of this resolution
are incorporated herein by reference as if fully set forth herein.
SECTION 2. The City Council of the City of Denton hereby affirms its commitment to
participate in the "Turnback Program" subject to the following terms and conditions:
1. US Hwy 77 and FM 2164 — For US Hwy 77 from IH35E north and west through town to
IH35N and for FM 2164 from the split at Elm Street north to Loop 288, the City will
accept ownership of these roadways if certain minimum conditions are met. For the
Dallas Drive and Elm Street (north and west of the split with Locust) sections of US Hwy
77 the City will accept ownership of these roadways "as is" pending verification that
their overall condition index (OCI) is acceptable (greater than OCI 90). For Elm and
Locust Streets between Dallas Drive and the split of US Hwy 77 and FM 2164 and for
FM 2164 north of this split to Loop 288, the City will accept ownership of these sections
of roadways when TXDOT either (a) improves their condition to an acceptable OCI of
greater than 90 and widens FM 2164 from this split to Loop 288 to a four lane divided
section or (b) provides the City of Denton with acceptable funding to make said roadway
and capacity improvements.
2. US Hwy 377 routing could be modified such that at the intersection of US Hwy 377 and
IH35E it is diverted south and east along IH35E to Loop 288 and then north along Loop
288 until it intersects US Hwy. 380 on the east side of town. If TXDOT does in fact elect
to revise this route, the City of Denton will accept ownership of US Hwy 377 from
IH35E north and east to Locust Street pending verification that the OCI of these sections
of roadway exceeds a minimum value of 90. If these sections of roadway do not meet the
minimum acceptable OCI, then the City will accept ownership of these sections of
roadways when TXDOT either (a) improves their condition to an acceptable OCI of
greater than 90 or (b) provides the City of Denton with acceptable funding to make said
roadway and capacity improvements.
3. FM 426 (McKinney Street) — TXDOT has already budgeted for the widening and
improvement of FM 426 from just west of Woodrow Lane out past Billy Ryan High
School. The City of Denton will accept the ownership and attendant operation and
maintenance responsibility for the section of FM 426 from US Hwy. 77 to a point
approximately 1.5 miles east of Loop 288 when (a) TXDOT improves the section from
US Hwy. 77 to just west of Woodrow Lane to an OCI level greater than 90 or provides
the City of Denton with acceptable funding to improve the condition of this segment to
the minimum acceptable OCI level of greater than 90; and (b) TXDOT proceeds with the
improvements of the section from just west of Woodrow Lane to a point approximately
1.5 miles east of Loop 288 as planned. For the section of FM 426 that extends east of
Billy Ryan High School to the roadway's terminus, the City will accept ownership of this
roadway pending verification that its OCI is acceptable (greater than 90). If the OCI is
not acceptable, then the City will accept ownership of this section of roadway when
TXDOT either (a) improves its condition to the minimum acceptable OCI of greater than
90 or (b) provides the City of Denton with acceptable funding to improve the condition of
this segment to the minimum acceptable OCI of greater than 90.
4. FM 1515 (Airport Road) — TXDOT does not currently have plans to widen or improve
FM 1515 between IH35E/Bonnie Brae Road and the Denton Municipal Airport beyond
the possible replacement of the bridge over IH35W in conjunction with the future
widening of that highway. The section between IH35W and Denton Municipal Airport
Page 2 of 3
should be improved from the current two lane rural road to secondary arterial capacity
prior to the City accepting ownership of the roadway.
5. The City of Denton declines to accept ownership and attendant maintenance and
operation responsibilities for Loop 288, FM 2181 or FM 1830.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:
Page 3 of 3
MARK A. BURROUGHS, MAYOR
EXHIBIT 6
RESOLUTION NO. R2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
PROVIDING THE CITY'S POSITION TO THE TEXAS DEPARTMENT OF
TRANSPORTATION PERTAINING TO ITS PROPOSED TURNBACK PROGRAM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Texas owns and maintains a system of highways and roadways
in the City of Denton, Texas, pursuant to Transportation Code, Section 201.103; and
WHEREAS, Chapter 311 of the Transportation Code provides the City of Denton
exclusive dominion control and jurisdiction over and under the public streets within its corporate
limits and authorizes the City to enter into agreements with the State of Texas to fix
responsibilities for the maintenance, control, supervision, and regulation of State highways
within and through the City's corporate limits; and
WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its
discretion, to enter into agreements with cities to fix responsibilities for maintenance, control,
supervision, and regulation of State highways within and through the corporate limits of such
cities; and
WHEREAS, the State of Texas acting through its Executive Director of the Texas
Department of Transportation ("TXDOT") has made it known to the City that the State proposes
to transfer ownership of right-of-way (ROW) and the attendant maintenance and operation of
State highways within the City of Denton, hereinafter to be known as the TXDOT "Turnback
Program"; and
WHEREAS, the City Council has previously adopted a"Municipal Maintenance
Agreement" (hereafter the "Agreement") by and between the State of Texas and the City of
Denton, Texas setting forth the responsibilities of the two parties with respect to maintenance
and operation of State highways within the City of Denton; and
WHEREAS, the City of Denton's participation in the "Turnback Program" and full or
partial acceptance of the right-of-way and attendant maintenance and operation of State
highways within the City of Denton is hereby acknowledged as being on a purely voluntary basis
and will ultimately result in a modification of the Agreement, if enacted; and
WHEREAS, the State of Texas requires an adopted resolution from the City of Denton,
Texas setting forth its agreement to participate in the "Turnback Program" in order to proceed
with the transfer of right-of-way ownership, the attendant maintenance and operation
responsibilities for State highways, and the procurement of any available State funding which
may be associated with such actions; NOW, THEREFORE,
THE COUNCII, OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION l. The findings and recitations contained in the preamble of this resolution
are incorporated herein by reference as if fully set forth herein.
SECTION 2. The City Council of the City of Denton hereby affirms its commitment to
participate in the "Turnback Program" subject to the following terms and conditions:
1. US Hwy 77 and FM 2164 — For US Hwy 77 from IH35E north and west through town to
IH35N and for FM 2164 from the split at Elm Street north to Loop 288, the City will
accept ownership of these roadways if certain minimum conditions are met. For the
Dallas Drive and Elm Street (north and west of the split with Locust) sections of US Hwy
77 the City will accept ownership of these roadways "as is" pending verification that
their overall condition index (OCI) is acceptable (greater than OCI 90). For Elm and
Locust Streets between Dallas Drive and the split of US Hwy 77 and FM 2164 and for
FM 2164 north of this split to Loop 288, the City will accept ownership of these sections
of roadways when TXDOT either (a) improves their condition to an acceptable OCI of
greater than 90 and widens FM 2164 from this split to Loop 288 to a four lane divided
section or (b) provides the City of Denton with acceptable funding to make said roadway
and capacity improvements.
2. US Hwy 377 routing could be modified such that at the intersection of US Hwy 377 and
IH35E it is diverted south and east along IH35E to Loop 288 and then north along Loop
288 until it intersects US Hwy. 380 on the east side of town. If TXDOT does in fact elect
to revise this route, the City of Denton will accept ownership of US Hwy 377 from
IH35E north and east to Locust Street pending verification that the OCI of these sections
of roadway exceeds a minimum value of 90. If these sections of roadway do not meet the
minimum acceptable OCI, then the City will accept ownership of these sections of
roadways when TXDOT either (a) improves their condition to an acceptable OCI of
greater than 90 or (b) provides the City of Denton with acceptable funding to make said
roadway and capacity improvements.
3. FM 426 (McKinney Street) — TXDOT has already budgeted for the widening and
improvement of FM 426 from just west of Woodrow Lane out past Billy Ryan High
School. The City of Denton will accept the ownership and attendant operation and
maintenance responsibility for the section of FM 426 from US Hwy. 77 to a point
approximately 1.5 miles east of Loop 288 when (a) TXDOT improves the section from
US Hwy. 77 to just west of Woodrow Lane to an OCI level greater than 90 or provides
the City of Denton with acceptable funding to improve the condition of this segment to
the minimum acceptable OCI level of greater than 90; and (b) TXDOT proceeds with the
improvements of the section from just west of Woodrow Lane to a point approximately
1.5 miles east of Loop 288 as planned. For the section of FM 426 that extends east of
Billy Ryan High School to the roadway's terminus, the City will accept ownership of this
roadway pending verification that its OCI is acceptable (greater than 90). If the OCI is
not acceptable, then the City will accept ownership of this section of roadway when
TXDOT either (a) improves its condition to the minimum acceptable OCI of greater than
90 or (b) provides the City of Denton with acceptable funding to improve the condition of
this segment to the minimum acceptable OCI of greater than 90.
4. FM 1515 (Airport Road) — TXDOT does not currently have plans to widen or improve
FM 1515 between IH35E/Bonnie Brae Road and the Denton Municipal Airport beyond
the possible replacement of the bridge over IH35W in conjunction with the future
widening of that highway. Since this roadway is an intermodal freight connection
Page 2 of 3
between IH35W, the Denton Airport and the Airport Industrial Park, the City feels this
roadway should continue to be a TxDOT facility and strongly encourages TxDOT to
improve the roadway between IH35W and Denton Municipal Airport from the current
two lane rural roadway to a secondary arterial section. The City is willing to partner with
TxDOT in any practical way possible to implement these roadway improvements as soon
as practically possible.
5. The City of Denton declines to accept ownership and attendant maintenance and
operation responsibilities for Loop 288, FM 2181 or FM 1830.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:
Page 3 of 3
MARK A. BURROUGHS, MAYOR
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Engineering Services
ACM: Jon Fortune �
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving
an agreement for reconstruction of existing Union Pacific Bridge-Cooper Creek, M.P. 716.40-
Choctaw Subdivision, Denton, Texas by Union Pacific Railroad Company, a Delaware
corporation, providing for the expenditure of funds therefor; providing an effective date.
($135,000).
BACKGROUND
The City of Denton retained Jacobs Engineering Group to analyze flood mitigation measures in
the Cooper Creek drainage basin as part of the slate of projects associated with City Council's
approval of the sale and delivery of approximately $7 million dollars in certificates of obligation
(COs) in October 2007. Jacobs prepared a report entitled "Cooper Creek Flood Mitigation
Preliminary Engineering" in July 2009 that set forth a number of alternative mitigation measures,
including the construction of the detention pond at Strickland Middle School which has since
been completed. In addition to looking at the potential benefits of regional detention ponds, the
report also discussed various measures to improve capacity within the basin downstream of these
ponds.
One of the downstream projects involved the construction of improvements to the City's bridge
in existing Mingo Road just west of Loop 288 as well as the adjoining Union Pacific Railroad
(UPRR) Bridge in order to achieve a 100-year design storm capacity in these structures. Jacobs'
analysis showed that the existing UPRR structure had a design storm capacity close to the 50-
year event, which would determine or control the capacity of the City's new bridge on Mingo
Road (the City's bridge is upstream of the UPRR bridge). The report talked briefly about the
possibility of increasing the capacity of the railroad's bridge, but the consultant assumed that this
was not an option and instead looked at a high flow bypass channel under the UPRR line to
attain the necessary additional capacity. Jacobs' recommendations included raising the surface
of Mingo Road for approximately 1,000-feet, increasing the capacity of the City's culverts in
Mingo Road to match the existing UPRR bridge capacity and adding a high flow bypass channel
and two to four 60-inch diameter by 160-feet long culverts under the railroad. The number of
culverts to be installed depended on whether or not maximum detention (3 ponds) was added
upstream in the basin. Since the City was only installing one pond at that time because of
available funding, the option selected involved the use of four bypass culverts. The intent of
adding culverts under the UPRR line along with the increased capacity of the City's bridge
Agenda Information Sheet
May 6, 2014
Page 2
would be for both structures to pass the 100-year storm event. Jacobs' report listed a preliminary
opinion of probable construction cost for this project as $1,158,300, with approximately
$600,000 of this cost represented by the bypass channel.
Following discussions with UPRR on their requirements for installing the bypass culverts, staff
asked UPRR if they would instead consider replacing their bridge, which is an older timber
structure, with a new structure having a 100-year design storm capacity if the City participated in
the costs of this upgrade. The benefit of this option was to avoid constructing the bypass culverts
and channel, which were projected to be expensive to construct as well as labor intensive from
an operations and maintenance standpoint, and instead place the capacity improvements within
the main channel. After somewhat lengthy discussions back and forth, UPRR agreed that this
option was desirable and moved forward with their design of the railroad bridge. Staff proposed
that the City's share of construction should be around 20%, which is consistent with local
participation on other transportation projects. UPRR concurred and informed staff that the City's
share in the railroad's project would be an estimated $135,000 and that their construction could
be underway as early as fall 2012. This dollar figure is approximately $465,000 less than that
projected for the bypass channel option recommended in the Jacob's report. UPRR was
informed by staff that this dollar amount was acceptable to the City and was asked to draw up a
contract to this effect. After some delays within UPRR, the contract was received by the City in
February 2014.
The savings to the City from not installing the bypass channel will be redirected into achieving a
full 100-year capacity through the City's Mingo Road Bridge. As discussed previously herein,
this structure's improvements as recommended by Jacobs were intended to match the existing
UPRR bridge's capacity, or approximately a 50-year design. Detailed construction costs for
these improvements have not been prepared as yet, but it is anticipated that the differential costs
for the larger structure and roadway improvements will not eclipse the amount saved by pursuing
the agreement with UPRR It is worth noting that the construction dollars as listed herein from
the earlier information prepared by Jacobs Engineering was based on very preliminary project
schematics and 2009 construction costs.
OPTIONS
1. Approve the funding for the agreement with the Union Pacific Railroad.
2. Reject the funding for the agreement with the Union Pacific Railroad.
RECOMMENDATION
Staff recommends approval of the agreement between the City of Denton and the Union Pacific
Railroad Company in the amount of $135,000.00 for the widening and improvement of the
existing Union Pacific Bridge-Cooper Creek, M.P. 716.40-Choctaw Subdivision, Denton, Texas.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Not applicable.
Agenda Information Sheet
May 6, 2014
Page 3
FISCAL INFORMATION
The City's share of the funding for this project will come from 650046455.1360.40100.
BID INFORMATION
Not applicable.
EXHIBITS
1. Ordinance.
2. Union Pacific Railroad Company Bridge Reconstruction Agreement.
Respectfully submitted,
��..
� �����������.
�:.. �
Frank G. Payne, P.E.
City Engineer
ORDINANCE NO. 2014 -
AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF DENTON, TEXAS,
APPROVING AN AGREEMENT FOR RECONSTRUCTION OF EXISTING UNION
PACIFIC BRIDGE - COOPER CREEK M.P. 716.40 — CHOCTAW SUBDIVISION, DENTON,
TEXAS BY UNION PACIFIC RAILROAD COMPANY, A DELAWARE CORPORATION,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas has requested that Union Pacific Railroad Company
("Union Pacific"), a Delaware Corporation, improve the existing Cooper Creek Bridge Lane under
Union Pacific's track and right-of-way at Mile Post 716.40 - Choctaw Subdivision, City of
Denton, Denton County, Texas; and
WHEREAS, the City and Union Pacific ha�e entered into an "Agreement for
Reconstruction of Existing Union Pacific Bridge — Cooper Creek, M.P. 716.40 — Choctaw
Subdivision, Denton, Texas" (hereafter the "Agreement") wherein Union Pacific will construct the
improvements and the City shall pay the fixed sum of $135,000; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The City Council of the City of Denton hereby approves the Agreement in
substantially the form as attached hereto and made a part hereof.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City, including the expenditure
of funds as provided in the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:
R�C0115I1'ilCt1011 Ot EY1Stlt1� UT11011 Pc�Cl�1G Bl�ici�e
C001)er Ct'eei{
M,�'. 716.40 - Clioctativ Sub�i�ision
D�NTON,TX
THIS AGR�EMENT, executed iit duplicate tliis day oi , 2014, by ��id
beE�veeEt LTNION PACIFIC Rt��LROAD COMPANY, a Delai���•a corpoi•atio�f (liereinafte�• tlie
"Railroac["), aiid CITY OF D�NTON, a tti��itiicipal cor�oratioi� of tt�e Stake of TEXAS (herei��a�ter tlie
"Politic�l Body"), WiTNESSETH:
RECITALS;
The Folitical Boc�y has req��ested t��� C�ail�•oat! to i��i�yove tlie existit�g Coo�ar Creek Bcidge L�t�e
t�«c{er Railraad's tr�ck at�d ��ight oF �vay at �riile Post 716.�4 - Ctiock��v Subdivisioii, i�i City of DaE�to�y,
De��to�� Cot���ty, Texas #o svi�ic� tile Raili•o�d is ag�'ee�ble, �13t solely upon ter�iis aifd conciitions
laerei�ia#ter set foit(�.
AGREEM �N`I':
NOW THEREFOR�, iif COI151CI�!'c�il0I1 of tf�e premises a�id of tl�e �romises a�id co�idifiot�s
}�erai��Tfte�� set fo�•th, the pa��tias �ereto ag��ee as follorvs:
1. Tl�e Railroad sfialf fiirnish all labor, n��terial, e�r�i}�meni a��d s��pe��visioii for, a��c� stiall
i•econstrt�ct tiie eYisting hridge at �tile post 71C�,40 � Cf�octa�v S�ibdivisio», iii City of Dento��, Dento�i
Cout�ty, TeYas, �s sho�v�� genecally on Railro�d's prittt c3�ted Yfay I2, 20I3, m�rkecl �xhibit A, l�e�•eko
�ttached �nd ltie�'eby made a pa�•t liereof.
2. Upo�t executio�� of tl�is agreement, tiie Political Body si�ail pay ti�e Rai�road a fr�n anc�
iiYed s►i�n �f Orte H��ridred Tlfirty-Five Tlioiisa��d Doll�rs {$t35,000.00) for �he wo�°k perfarn�ed a�id
iiiaterials s«pplie� by tlta Rai�coaci purs«ant to Sectio�� I al�ove, as sucEi work and materials ace described
i�t tt�e aftac��inent datec� May 12, 2013,1���rked �xl►ibit B, ltereto attacl�ed and liereby n�ac�e a pa�rt he��eof.
3, If Political Body's coYikractor(s) is/are perforining aj�y �vorlc dasc��i�ed ixi Sectio�� I above,
1l�e�� the Politic�i Body sl�ali reqiii�•e its coiitractor{s) to exec��ke tlte Railraad's sta��da��d a��t� curc'eut for���
of Cont��acto�'s Riglit of Errt�y Agceement. Politicai Body ackno�vledges receipt of a copy af tlie
Co��t��acto��'s Rig��t Qf Eiitiy Agt•eeine�it atid ��i�dersfa�iding of its te��ms, provisians, ai�d req��ic•ei��e��ts, a��d
tivill iei€'orm its coi�te°actor(s) of ihe need to e�ect�te the Agreement. U��der na ci�•cti�ustances �vill tlte
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AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
Materials Management
Bryan Langley ���,
Questions concerning this
acquisition may be directed
to Kevin Gunn at 349-8595
Consider adoption of an ordinance accepting competitive proposals and awarding a contract for
Cisco Networking Equipment and SmartNet Maintenance on Cisco Networking Equipment for
the City of Denton; providing for the expenditure of funds therefor; and providing an effective
date (RFP 5492-awarded to Presidio Networked Solutions Group, LLC in the three (3) year not-
to-exceed amount of $2,890,513).
RFP BACKGROUND INFORMATION
The Cisco Systems, Inc. Network and Datacenter equipment provides collaborative network
access, telecommunications, data communications, and server components for all City of Denton
departments across all City of Denton sites for operational and mission critical services
including, but not limited to Email, Enterprise Resource Planning (ERP), Utility Billing, Park
Maintenance, Municipal Court Case Management and Billing, Public Safety Dispatch and
Records, and the City of Denton Phone System. Network and Datacenter equipment provides
delivery of data through applications, mobility, cloud computing, and other similar technologies.
Technology typically has a lifecycle of six to seven years before changes in software and new
equipment begin to make it obsolete. Much of the City of Denton's existing network
infrastructure is coming to the end of its lifecycle and requires a refresh of the technology to
maintain reliable operation and support by the manufacturer. Maintaining the support and
maintenance for the technology is critical to provide a high level of service to City departments,
residents and businesses in the City of Denton.
The City of Denton is experiencing rapid growth. New facilities will be added regularly over the
next several years. These facilities require new network infrastructure to provide centralized
access to City of Denton network resources and voice communications. Some of these facilities
such as the Pecan Creek Wastewater Administration building and the Linda McNatt Animal
Shelter, have as-yet undefined plans for network infrastructure. Estimates for these undefined
projects have been included in the RFP 5492 pricing. Additionally this contract will provide
funding for the downtown area wireless network project. Estimates of other potential projects
were also developed based on past history. Table 1 provides a listing of planned and projected
projects as well as contingency amounts for future projects.
Agenda Information Sheet
May 6, 2014
Page 2
RFP INFORMATION
Project Description Estimated 3-Year Expenditure
Network equipment / Software $927,197
SmartNet Maintenance $503,304
Professional Services $400,909
Projected additional equipment $431,000
Projected additional professional services $240,000
Future Potential Projects $388,103
Total $2,890,513
Table 1
BASIS FOR SELECTION
Requests for Proposals were sent to 346 suppliers. In addition, specifications were placed on the
Materials Management website for prospective suppliers to download and advertised in the local
newspaper. Four (4) proposals were received, evaluated and ranked based upon the published
criteria shown on Exhibit l. The proposer's original pricing is shown on Exhibit 2. During the
evaluation process, the lowest-priced respondent, Netsync Network Solutions, notified the City
that their RFP pricing was tied to the State of Texas Department of Information Services (DIR)
contract which expires on May 18, 2014. The evaluation committee consisting of staff from
Technology Services Administration, Denton Municipal Electric, and Materials Management
took this information into consideration during the review process. Based on the evaluation
criteria percentages, Presidio Networked Solutions Group, LLC (Presidio) received the highest
evaluated score. Presidio has an excellent performance history on prior City projects, offered a
short delivery time frame, and provided competitive pricing. Staff is not aware of local vendors
that provide this equipment and service.
RECOMMENDATION
Award a contract for Cisco Networking Equipment and SmartNet Maintenance on Cisco
Networking Equipment for the City of Denton to Presidio Networked Solutions Group, LLC in
the three (3) year not-to-exceed amount of $2,890,513. This amount includes a contingency for
unspecified projects and costs that may develop within the three year contract period.
PRINCIPAL PLACE OF BUSINESS
Presidio Networked Solutions Group, LLC
Lewisville, TX
Agenda Information Sheet
May 6, 2014
Page 3
ESTIMATED SCHEDULE
This is an initial one (1) year contract with options to extend the contract for two (2) additional
one (1) year periods, with all terms and conditions remaining the same. The cost for the Cisco
SmartNet maintenance is due on December 31, 2014. The individual project expenditures will
occur throughout the three year contract period.
FISCAL INFORMATION
Funding for this item will be budgeted in various Technology Services operating accounts
depending on the service or equipment provided. Each using department is charged a cost
allocation as part of the budget process.
EXHIBITS
Exhibit 1: Evaluation/Ranking sheet
Exhibit 2: Pricing Tabulation
Exhibit 3: Contract
Exhibit 4: Ordinance
Respectfully submitted:
C. �.� � � � � �-�-w�.�,
Chuck Springer, 349-8260
Director of Finance
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EXHIBIT 3
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND PRESIDIO NETWO D SOLUTIONS GROUP,
LLC
(RFP #5492)
THIS CONTRACT is made and entered into this day of A.D.,
2014, by and between Presidio Networked Sol���i��a� ��r��i�{�, i�I��', �i li�nitud i�������tY �c���'��nY�
whose address is 1955 Lakeway Drive, Suite ?�i7, C,�rvs�v����> ��'L��� �����- ����'�i�����'��` ���[���`���
to as "Contractor," and the CITY OF DENTOi�, "�[`c���, a l��lt�� �'�4� r����j�ici��l c,«r;�ca�������r�y
hereinafter referred to as "City," to be effective �.���n �������'c��r�1 ��t` t��e L��nLc�t�► C���Y '�'���i���� �i�'�
subsequent execution of this Contract by the C����t���� C.'ity NC�����;��` €�r ���� ���ly� �:�iil��ar°ir��3.
designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual beneiits to be obtained hereby, the parties agree as follows:
� �' 1 � -
Supplier shall provide products and/or services in accordance with the City's document
1�Ia Y# 5��:�`� C`i��c� N�t��rc��•I�i��, t:c �zi �r���z1t ����� `����¢u•il'+ic,t �'I�ti.z�t����r�c.�g a copy of which is on file
�r � ��
at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists
of this written agreement and the following items which are attached hereto and incorporated
herein by reference:
(a) C'�ty c`�f D�:�'��c� �t��i����W�� `i�i•���� ����ci �'cs�i�.lit�c���� (��1��1��t "r�"��
(b) 1�ec�u�si l:c��� �'i•��a��s�� (a��� �'il� �t l��e ���i��e �f` ih� I�ur�c����i��� A��n�);
(c) 5����:,i�.l "�cz•����; ar�ci �'4�iyc{�ti����r� (i?:��1��1aii `�i��')�
(d) lr�s�z�•G����� f��c���ir�i����7t� ��{�xl�it�zt `��""�;
(e) �Rc�r�x1 �'It� ._ �'c���l�ict t�i C�ai�,�°��t �����tica��a����.ire �����i1�il "L�#'�;
(� Contractor's Proposal. (Exhibit °°E");
These documents make up the Contract docurnents and what is called for by one shall be
�� h�z�c�i��� �� i�' c��11��� ��-�s• l�y ��Ii� �r� t��� �����1 of an inconsistency or conflict in any of the
��.��������� ��4 xh� �:'c�r�tl•���� �����1�����1���, t��� i��c�€�sistency or conflict shall be resolved by giving
���,�,�,������� ��r;�� �� �1�� �,�•����;,�� ���a��i�sc�� i�l��� �� the contract documents in the order in which
����:�r ���, 1i�t��1 t�l�c�v'e�. �1������ ��,��«���i� �hall be referred to collectively as "Contract
Documents."
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
.
. ,, • , .•
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. ��� . •�� ��� • . � � ���
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C O l`�!' I' l� A��!" +C� ��
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BY: '
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�.r � .
��
AUTHORIZED SIGNATURE
Date: � °�� � � �
Name. � y �-, ��a � f � .��
Title: � �r�� � � ��°��-� � s
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��G�� 5�����a
PHONE NUMBER
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EMAIL ADDRESS
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These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton's solicitation are applicable to
Contracts/Purchase Orders issued by the City of Denton hereinafter referred to as the City or
Buyer and the Seller herein after referred to as the Bidder, Contractor or Supplier. Any
deviations must be in writing and signed by a representative of the City's Procurement
Department and the Supplier. No Terms and Conditions contained in the Sellers Proposal
response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a
conflict between the provisions on the face of the Contract/Purchase Order these written
provisions will take precedence.
By submitting an Offer in response to the Solicitation, the Contractor agrees that the Contract
shall be governed by the following terms and conditions, unless exceptions are duly noted and
fully negotiated. Unless otherwise specified in the Contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and
36 shall apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply
only to a Solicitation to purchase Services to be performed principally at the City's premises or
on public rights-of-way.
1. CONT CTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TE . Unless otherwise specified in the Solicitation, this Contract
shall be effective as of the date the contract is signed by the City, and shall continue in effect
until all obligations are performed in accordance with the Contract.
3. CONT CTOR TO PACKAGE DELIVE BLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list
showing the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City'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. box 1 of 4 boxes, and (d)
the number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or
weight shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER SERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5. TITLE & SK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
6. DELIVERY TE S AND T NSPORTATION CHARGES: Deliverables shall be
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to
include all delivery and transportation charges. The City shall have the right to designate what
method of transportation shall be used to ship the deliverables. The place of delivery shall be that
set forth the purchase order.
7. GHT OF INSPECTION AND JECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the
City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or
the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor
shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and
assistance to the City to facilitate such inspection.
8. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of
deliverables must fully comply with all provisions of the Contract as to time of delivery, quality,
and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not
have the right to substitute a conforming tender; provided, where the time for performance has
not yet expired, the Contractor may notify the City of the intention to cure and may then make a
conforming tender within the time allotted in the contract.
9. PLACE AND CONDITION OF WO : The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City's service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which
could in any way affect performance of the Contractor's obligations under the contract. The
Contractor hereby releases and holds the City harmless from and against any liability or claim
for damages of any kind or nature if the actual site or service conditions differ from expected
conditions.
10. WO FORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Reform and Control Act of 1986 and 1990 regarding employment
verification and retention of verification forms for any individuals hired on or after November 6,
1986, who will perform any labor or services under the Contract and the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
GULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall
comply fully with all applicable federal, state, and local health, safety, and environmental laws,
ordinances, rules and regulations in the performance of the services, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration
(OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor
shall indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's
obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with 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 Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a
separate invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invofce number, the purchase order or delivery
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 charges, if any, shall be listed separately. A copy of the bill of lading and the
freight waybill, when applicable, shall be attached to the invoice. The Contractor's name,
remittance address and, if applicable, the tax identification number on the invoice must exactly
match the information in the Vendor's registration with the City. Unless otherwise instructed in
writing, the City may rely on the remittance address specified on the Contractor's invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid
within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being
received in Accounts Payable, whichever is later.
B. If payment is not timely rnade, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specifed in Texas Government Code Section 2251.025 or
the maximum lawful rate; except, if payment is not timely made for a reason for which the
City may withhold payment hereunder, interest shall not accrue until ten (10) calendar
days after the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City's agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor's obligations will not be completed within the
. time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with
all required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City rnay offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding.
The City's payment obligations are payable only and solely from funds Appropriated and
available for this contract. The absence of Appropriated or other lawfully available funds shall
render the Contract null and void to the extent funds are not Appropriated or available and any
deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the
Contractor written notice of the failure of the City to make an adequate Appropriation for any
fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to
an amount insufficient to permit the City to pay its obligations under the Contract. In the event of
none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to
the City.
14. T VEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms.
15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE
Compliance Report to the Purchasing Manager no later than the 15th calendar day after
completion of all work under the contract. Final payment, retainage, or both may be withheld if
the Contractor is not in compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after final inspection, (3) arising from failure of the Contractor to comply with the Contract or
the terms of any warranty specified herein, (4) arising from the Contractor's continuing
obligations under the Contract, including but not limited to indemnity and warranty obligations,
or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor
against the City other than those previously asserted in writing and not yet settled.
16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the
cost of any special tooling or special test equipment fabricated or required by the Contractor for
the purpose of filling this order, such special tooling equipment and any process sheets related
thereto shall become the property of the City and shall be identified by the Contractor as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in
progress or audit findings are yet unresolved, in which case records shall be kept until all audit
tasks are completed and resolved. These books, records, documents and other evidence shall be
available, within ten (10) business days of written request. Further, the Contractor shall also
require all Subcontractors, material suppliers, and other payees to retain all books, records,
documents and other evidence pertaining to the Contract, and to allow the City similar access to
those documents. All books and records will be made available within a 50 mile radius of the
City of Denton. The cost of the audit will be borne by the City unless the audit reveals an
overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of
the audit, including any travel costs, must be borne by the Contractor which must be payable
within five (5) business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the
terms "books" "records" "documents" and "other evidence" as used above shall be construed
7 9 ) '/
to include drafts and electronic files, even if such drafts or electronic files are subsequently used
to generate or prepare a final printed document.
18. SUBCONT CTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the
Contractor shall comply with all requirements approved by the City. The Contractor shall not
initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor
shall not substitute any Subcontractor identified in the Plan, unless the substitute has been
accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute
a waiver of any rights or remedies of the City with respect to defective deliverables provided by
a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a
monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later
than the tenth calendar day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with
the terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City rnay require, as
a condition to such further subcontracting, that the Subcontractor posts a payrnent bond
in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufiicient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on
the part of the City to pay or to see to the payment of any moneys due any such Subcontractor
except as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19. WA NTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently
without consultation, communication, or agreement for the purpose of restricting competition, as
to any matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
20. WA NTY — TITLE: The Contractor warrants that it has good and indefeasible title to
all deliverables furnished under the Contract, and that the deliverables are free and clear of all
liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the
City harmless from and against all adverse title claims to the deliverables.
EXHIBIT 3
21. WA NTY — DELIVE BLES: The Contractor warrants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workmanship
or manufacture, and conform in all material respects to the specifications, drawings, and
descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms,
covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules,
and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the
deliverables shall be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables,
or replace the non-conforming deliverables with fully conforming deliverables, at the City's
option and at no additional cost to the City. All costs incidental to such repair or replacement,
including but not limited to, any packaging and shipping costs shall be borne exclusively by the
Contractor. The City shall endeavor to give the Contractor written notice of the breach of
warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to
give timely notice shall not impair the City's rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty
to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City,
the Contractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer's warranty for the benefit of the City.
22. WA NTY — SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and
workmanlike manner in accordance with generally accepted industry standards and practices, the
terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws,
rules or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
additional performance shall be borne by the Contractor. The City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
of the breach warranty, but failure to give timely notice shall not impair the City's rights under
this section.
EXHIBIT 3
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as required by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFO ING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall
pay all claims, costs, losses and damages attributable to the City's evaluation of and
determination to accept such defective or non-conforming deliverables. If any such acceptance
occurs prior to fnal payment, the City may deduct such amounts as are necessary to compensate
the City for the diminished value of the defective or non-conforming deliverables. If the
acceptance occurs after final payment, such amount will be refunded to the City by the
Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party's intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time
specified after demand is made, the demanding party may treat this failure as an anticipatory
repudiation of the Contract.
25. STOP WO NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation
or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by
the City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails
to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails
to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or
seeks relief under the bankruptcy laws of the United States or (d) makes a material
misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted
by the Contractor to the City.
27. TE INATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor's default, including,
without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and
post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City's vendor list for three (3) years
EXHIBIT 3
and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All
rights and remedies under the Contract are cumulative and are not exclusive of any other right or
remedy provided by law.
28. TE INATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further
work pursuant to the Contract, with such exceptions, if any, specified in the notice of
termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise
legally available for such purposes, for all goods delivered and services performed and
obligations incurred prior to the date of termination in accordance with the terms hereof.
29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or
deliverable required to be submitted by the Contractor to the City shall be grounds for the
termination of the Contract for cause by the City and may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor
if the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations
under this Contract if, while and to the extent such default or delay is caused by acts of God, fire,
riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond
the reasonable control of such Party. In the event of default or delay in contract performance due
to any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of
such failure to perform.
31. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution
mechanism, including attorney and other professional fees for: (1) damage to or loss of
the property of any person (including, but not limited to the City, the Contractor, their
respective agents, officers, employees and subcontractors; the officers, agents, and
employees of such subcontractors; and third parties); and/or (2) death, bodily injury,
illness, disease, worker's compensation, loss of services, or loss of income or wages to
any person (including but not limited to the agents, officers and employees of the City,
the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include
the sale of defective or non-conforming deliverables, negligence, willful misconduct or a
EXHIBIT 3
breach of any legally imposed strict liability standard.
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32. INSURANCE: The following insurance requirements are applicable, in addition to the
specific insurance requirements detailed in Attachment A. The successful firm shall procure and
maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The
insurance sha11 be written by a company licensed to do business in the State of Texas and
satisfactory to the City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over
periods, and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage's and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification
from consideration for award. The Contractor must also forward a Certificate of
Insurance to the City whenever a previously identified policy period has expired, or an
extension option or hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City
shall not relieve or decrease the liability of the Contractor hereunder and shall not be
construed to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors comrnencing work on the project.
v. The Contractor's and all subcontractors' insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers' compensation coverage written by the Texas Workers'
Compensation Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton
EXHIBIT 3
Materials Management Department
901 B Texas Street
Denton, Texas 76209
vii. The "other" insurance clause shall not apply to the City where the City is an
additional insured shown on any policy. It is intended that policies required in the
Contract, covering both the City and the Contractor, shall be considered primary
coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the
Contractor shall carry Umbrella or Excess Liability Insurance for any differences in
amounts specified. If Excess Liability Insurance is provided, it shall follow the form of
the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make
any reasonable requests for deletion or revision or modification of particular policy
terms, conditions, limitations, or exclusions except where policy provisions are
established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance
coverage, limits, and exclusions when deemed necessary and prudent by the City based
upon changes in statutory law, court decisions, the claims history of the industry or
financial condition of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage's indicated within the Contract.
xiv. The insurance coverage's specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse affect on the
Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the
City shall state the date of notification of any 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
whom such claim is being asserted. Such notice shall be delivered personally or by mail and
shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney
shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201.
EXHIBIT 3
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications
required or appropriate to be given under the Contract shall be in writing and shall be deemed
delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or
Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed
delivered upon receipt by the addressee. Routine communications may be made by first class
mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to
the address specified in the Contractor's Offer, or at such other address as a party may notify the
other in writing. Notices to the City shall be addressed to the City at 901 B Texas Street, Denton,
Texas 76209 and marked to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public
Information Act, Chapter 552, and Texas Government Code.
36. INTELLECTUAL PROPERTY RIGHTS: The Contractor will defend any action,
including a claim or suit, against the City, its offcers and employees, claiming that Products of
its original manufacture or its Software infringes any Intellectual Property Rights, and will
indemnify and hold the City, its officers and employees free and harmless from and against all
costs and damages awarded in any such action, provided that the Contractor is notified promptly
in writing of the action and at the Contractor's request and at its expense is given control of such
action and all reasonably requested information and assistance to settle or defend the same.
Should use of Products or Software be enjoined as a result of such action, then the Contractor
shall, within a reasonable time, which in no event is a period of in excess of sixty (60) days from
the date of injunction, either: (a) obtain for the City the right to continue to use the Product or
Software; (b) modify or replace the Product or Software with non-infringing equipment or
software; provided that the replacement equipment or software substantially conforms to the
Contractor's then-current specification for the Product or Software; or (c) request the return of
the Product or Software and upon its return refund the value of the Product or Software as
amortized over a presumed ten (10) year straight-line depreciation period, as well as paying the
City's reasonable transportation costs. Both parties shall adhere to the Uniform Commercial
Code § 2-312 in regards to warranty of title and against infringement.
37. CONFIDENTIALITY: During the term of this Agreement and for a period of three (3)
years thereafter, neither party shall disclose to any third person, or use for itself in any way for
pecuniary gain, any Confidential Information learned from the other party during the course of
the negotiations for this Agreement or during the Term of this Agreement. Upon termination of
this Agreement, each party shall return to the other all tangible Confidential Information of such
party. Each party shall retain in confidence and not disclose to any third party any Confidential
Information without the other party's express written consent, except (a) to its employees who
are reasonably required to have the Confidential Information, (b) to its agents, represeniatives,
attorneys and other professional advisors that have a need to know such Confidential
Information, provided that such parties undertake in writing (or are otherwise bound by rules of
professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to
the extent of, a request or order by any Governmental Authority, including laws relating to
public records.
EXHIBIT 3
In all instances, both parties agree that the City is a local government entity subject to
compliance with Texas Government Code 552, commonly known as the "Open Records Act".
Both parties agree that records generated by a government entity, including those records held by
the government entity's contractors may not be confidential, and subjected to open records
requests for information. The Contractor agrees to ensure that all records requested by the City
shall be delivered to the City, to effectively comply with Texas statutory requirements.
38. OWNERSHIP AND USE OF DELIVE BLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor
agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire
right, title, and interest to specific inventions under such patentable subject matter to the City and
to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by
the Contractor for the City and the City shall own all copyrights in and to such deliverables,
provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint
ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such
deliverables. Should by operation of law, such deliverables not be considered works made-for-
hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees
providing services to the City hereunder to execute, acknowledge, and deliver an assignment to
the City o� all worldwide right, title, and interest in and to such deliverables. With respect to
such work made-for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause
each of its employees providing services to the City hereunder to execute, acknowledge, and
deliver a work-made-for-hire agreement, in a form to be reasonably approved by the City, to the
City upon delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration
and/or protection, letters patent, or any similar rights in any and all countries and in order to
assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right,
title, and interest in and to the deliverables. The Contractor's obligations to execute,
acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or
papers such as those described in this Paragraph 38 a., b., and c. shall continue after the
termination of this Contract with respect to such deliverables. In the event the City should not
seek to obtain copyright protection, mask work registration or patent protection for any of the
deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as
Confdential Information under the terms of Paragraph 37 above.
39. PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
EXHIBIT 3
identified.
40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business. For breach or violation of this warranty, the City shall have the
right, in addition to any other remedy available, to cancel the Contract without liability and to
deduct frorn any amounts owed to the Contractor, or otherwise recover, the full amount of such
commission, percentage, brokerage or contingent fee.
42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract
without liability if it is determined by the City that gratuities were offered or given by the
Contractor or any agent or representative of the Contractor to any officer or employee of the City
of Denton with a view toward securing the Contract or securing favorable treatment with respect
to the awarding or amending or the making of any determinations with respect to the performing
of such contract. In the event the Contract is canceled by the City pursuant to this provision, the
City shall be entitled, in addition to any other rights and remedies, to recover or withhold the
amount of the cost incurred by the Contractor in providing such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any
willful violation of this section shall constitute impropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of
Interest Questionnaire (Attachment G).
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave beneiits,
worker's compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
EXHIBIT 3
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in
whole or in part by a waiver or renunciation of the claim or right unless the waiver or
renunciation is supported by consideration and is in writing signed by the aggrieved party. No
waiver by either the Contractor or the City of any one or more events of default by the other
party shall operate as, or be construed to be, a permanent waiver of any rights or obligations
under the Contract, or an express or implied acceptance of any other existing or future default or
defaults, whether of a similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the
parties or course of performance or usage of the trade shall be relevant to supplement or explain
any term used in the Contract. Although the Contract may have been substantially drafted by one
party, it is the intent of the parties that all provisions be construed in a manner to be fair to both
parties, reading no provisions more strictly against one party or the other. Whenever a term
defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the
Contract, the UCC definition shall control, unless otherwise defined in the Contract.
49. DISPUTE SOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the
filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either
party may make a written request for a meeting between representatives of each party within
fourteen (14) calendar days after receipt of the request or such later period as agreed by the
parties. Each party shall include, at a minimum, one (1) senior level individual with decision-
making authority regarding the dispute. The purpose of this and any subsequent meeting is to
attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days
after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they
will proceed directly to mediation as described below. Negotiation may be waived by a written
agreement signed by both parties, in which event the parties may proceed directly to mediation
as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the
negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in
mediation skills to assist with resolution of the dispute. Should they choose this option; the City
and the Contractor agree to act in good faith in the selection of the mediator and to give
consideration to qualified individuals nominated to act as mediator. Nothing in the Contract
prevents the parties from relying on the skills of a person who is trained in the subject matter of
EXHIBIT 3
the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within
thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by
the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to
participate in mediation in good faith for up to thirty (30) calendar days from the date of the first
mediation session. The City and the Contractor will share the mediator's fees equally and the
parties will bear their own costs of participation such as fees for any consultants or attorneys they
may utilize to represent them or otherwise assist them in the mediation.
50. JU SDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as
adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that
would refer to and apply the substantive law of another state or jurisdiction. All issues arising
from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree
to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not
be construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the
Contract shall in no way affect the validity or enforceability of any other portion or provision of
the Contract. Any void provision shall be deemed severed from the Contract and the balance of
the Contract shall be construed and enforced as if the Contract did not contain the particular
portion or provision held to be void. The parties further agree to reform the Contract to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Contract from
being void should a provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year's Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year's Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal
Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of
operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of
Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of
operation must be approved by the City Manager of Denton, Texas 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 warranty, indemnity, and
EXHIBIT 3
confidentiality obligations of the parties, shall suxvive the expiration or termination of the
Contract.
54. NON-SUSPENSION OR DEBA ENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal,
State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies
that its firm and its principals are not currently suspended or debarred from doing business with
the Federal Government, as indicated by the General Services Administration List of Parties
Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the
City of Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability,
creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as
defined in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable, in addition to the specific federally
funded requirements detailed in Attachment B.
A. Definitions. As used in this paragraph —
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition,
plus allocable overhead costs, but excluding profit. Cost of components does not include any
costs associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality 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 District of Columbia, and outlying areas.
EXHIBIT 3
B. The Buy 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 City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit
documentation with their Offer demonstrating that the article is on an approved Governmental
list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certiiicate".
57. GHT TO INFO ATION: The City of Denton reserves the right to use any and all
information presented in any response to this solicitation, whether amended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR T S: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
59. P VAILING WAGE TES: The awarded contractor shall comply with prevailing wage
rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at
�7t����1�������F.���l.���v!������°�.����t������t.���lia����.������ and at the Wage Determinations website
�aan%dc��,,��� for Denton County, Texas (WD-2509).
60. COMPLIANCE WITH ALL STATE, FEDE L, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The
Respondent must comply with all applicable laws at all times, including, without limitation, the
following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas
Penal Code, which prohibits the offering or conferring of benefits to public servants. The
Respondent shall give all notices and comply with all laws and regulations applicable to
furnishing and performance of the Contract.
61. FEDE L, STATE, AND LOCAL QUI MENTS: Respondent shall demonstrate
on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section
530 of the Revenue Act of of 1978, dealing with issuance of Form W-2's to common law
employees. Respondent is responsible for both federal and State unemployment insurance
coverage and standard Workers' Compensation insurance coverage. Respondent shall ensure
compliance with all federal and State tax laws and withholding requirements. The City of Denton
shall not be liable to Respondent or its employees for any Unemployment or Workers'
Compensation coverage, or federal or State withholding requirements. Contractor shall
indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from
Respondent's omission or breach of this Section.
62. DRUG F E WO PLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C.
701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
EXHIBIT 3
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may
hereafter be issued.
63. SPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property
and equipment caused by the Respondent and its employees, agents, subcontractors, and
suppliers, including any delivery or cartage company, in connection with any performance
pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager
in writing of any such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an
act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the
fault or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF GHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed
as a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVE IGN IMMUNITY: The Parties expressly agree that no
provision of the Contract is in any way intended to constitute a waiver by the City of Denton of
any immunities from suit or from liability that the City of Denton may have by operation of law.
67. CO S TENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years
after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all
audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant
access to all books, records and documents pertinent to the Contract to the CPA, the State
Auditor of Texas, and any federal governmental entity that has authority to review records due to
federal funds being spent under the Contract.
68. LIMITED LIABILITY: NOTWITHSTANDING ANYTHING CONTRARY IN THIS
AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, BY REASON OF
ANY REPRESENTATION OR EXPRESS OR IMPLIED WARRANTY, CONDITION OR
EXHIBIT 3
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69. DATA RECONSTRUCTION: The City is responsible for maintaining their own
procedures for the reconstruction of lost or altered files, backup or saving of data or programs to
the extent deemed necessary by the City and for actually reconstructing any lost or altered files,
data or programs. The Cantractor assumes no responsibility for the protection of the City's data.
The Contractor is not liable for damage ta software or data caused by service to the computer
hardware equipment. The City agrees that it shall have the sole responsibility far safeguarding
the software and data during service work performed by the Contractor. The Contractor is nat
liable for software damage due to any outside factor, i.e. saftware virus.
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EXHIBIT 3
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Total Contract Amount
The contract total for services shall not exceed $2,890,513 for the entire contract term. Pricing
including the discount rates shall be per Exhibit E attached.
Contract Term
The contract term will be one (1) year, effective from date of award. The City and the Supplier
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.
Pricin
Manufacturer's Suggested Retail Prfce (MS )
MSRP is defined as the Cisco product sales price suggested by the manufacturer or publisher of a
product.
City's Discount
The minimum City's discount for all products and services will be the percentage off of Cisco's
current MSRP.
City's Prf ce
1) The price to the City shall be calculated as follows:
Unit Price = MSRP — City's Discount
2) The City's cooperative agencies purchasing products and services under this Contract may
negotiate more advantageous pricing or participate in special promotional offers with the
Contractor. In such event, a copy of such better offerings shall be furnished to the City upon
request.
Shipping and Handling Fees
The price to the City under this Contract shall include all shipping and handling fees. Shipments
will be Free On Board Destination. No additional fees shall be charged to the City for standard
shipping and handling. If the City requests expedited delivery, the City shall be responsible for
any charges for expedited delivery.
Mobilization/Trip Charges
Pricing for services provided under this Contract are exclusive of any mobilization or trip
charges that may be incurred in the performance of those services. Trip charges may include
personal vehicle mileage or commercial coach transportation, hotel accommodations, parking
RFP # 5492
EXHIBIT 3
and meals; provided, however, the amount of reimbursement by the City shall not exceed the
amounts authorized for Texas' state employees as adopted by each cooperative agencies, when
applicable; and provided, further, that all trip charges shall not exceed the maximum rates
established for state ernployees under the current State Travel Management Program.
Mobilization/trip charges may not be included as part of the amounts payable by the City for any
services rendered under this Contract. Anticipated additional trip charges (travel expenses) must
be pre-approved in writing by the City.
Price Adiustments
Prices quoted for the commodities and services specified in RFP #5492 may be adjusted, based
upon changes to the MSRP; however, the discount levels shall remain firm for a period of one
year from date of contract award. Any request for price adjustment must be based on the
manufacturer's catalog price list. The price will be increased or decreased based upon the annual
percentage change in the manufacturer's price list. The discount levels shall be determined and
negotiated, if necessary, annually at the renewal date. The Contractor shall identify Cisca's
MSRP price adjustments when City staff request a Bill of Material (quote) during the project
design planning phase. After the project design planning phase is concluded, the City's purchase
order shall reflect the approved new pricing including the fixed discount level for each product.
Any request for price increase for the items listed under the Miscellaneous and Technical
Services section (Items 54 — 5'7d of Exhibit E) shall be based on the Consumer Price Index,
Inflation Calculator, or competitive wage adjustment and capped at five (5) percent. The request
shall be submitted in writing with supporting evidence for the need of such increase to the
Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must
also provide supporting documentation as justification for the request.
Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation
as competitive with the general market price at the time, and become effective upon the renewal
date of the contract award or reject the increases within 30 calendar davs after receipt of a
properly submitted request. If a properly submitted increase is rejected, the Contractor may
request cancellation of such items from the Contract by giving the City of Denton written notice.
Cancellation will not go into effect for 15 calendar davs after a determination has been issued.
Pre-price increase prices must be honored on orders dated up to the official date of the City of
Denton approval and/or cancellation.
The request can be sent by e-mail to: purchasin�(�a,citvofdenton.com
Or mail to:
City of Denton
Attn: Purchasing Manager
RFP # 5492
901 B Texas Street
Denton, Texas 76209
Or call:
City of Denton Purchasing
(940) 349-7100
The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes.
• � : ,•
EXHIBIT 3
Substitutions
Substitution Cisco products or other brands are not permitted without the written approval of the
City of Denton Purchasing and Technology Services Departments. Refer to the Product Changes
During Contract Term section, hereinafter, for further information.
Refurbished or used equipment will not be accepted under this agreement, unless otherwise
approved by the City of Denton.
Product ChanEes During Contract Term
The Contractor 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. Notification of manufacturer's replacement models shall be provided in advance,
when possible. The replacement notification shall clearly identify the product(s) listed in Exhibit
E immediately upon the release of the replacement model by the manufacturer. Notice of a
change shall be submitted in writing to purchasing�a�citvofdenton.com, with the Contract (RFP)
number and the Exhibit E's item(s) number in the subject line; and in addition, identified on the
Bill of Material (quote) issued to Technology Services during the project design planning phase,
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.
Addin� New Products or Services to the Contract after Award
Following the Contract award, ADDITIONAL services or products of the same general category
that could have been encompassed in the award of this contract, and that are not already on the
contract, may be added. A formal written request may be sent to the Contractor to provide a
proposal on the additional services and shall submit proposals to the City as instructed. All
service prices and discount rates are subject to negotiation with a Best and Final Offer
("BAFO"). The City may accept or reject any or all pricing proposals, and may issue a separate
RFP or IFB for the products after rejecting some or all of the proposals. The commodities and
services covered under this provision shall conform to the statement of work, specifications, and
requirements as outlined in the request. Contract changes shall be made in accordance with
Local Government Code 252.048.
C__o____o___perative Purchasing
Contract shall be available for use by all governmental entities, providing there is no conflict
with any applicable statutes, rules, policies, or procedures. The governmental entities will have
the option to use the pricing as agreed to within the resulting contract. The Contractor shall have
the right to request an option to review and approve any and all cooperative purchasing
opportunities that arise with the governmental entities.
Governmental entities will issue their internal purchase orders directly to the contractor(s),
however, shall reference and cite the City of Denton contract number (RFP #5492) within the
purchase order document.
RFP # 5492
EXHIBIT 3
After award, the Contractor agrees to pay a service fee in the amount of 1% of the dollar
amount of all externally issued purchase orders generated from use of this contract by
cooperative agencies, and is negotiable depending upon the contractor's volume of sales. For the
purposes of responding to this P, the administrative fee of 1% shall be used in
calculating the pricing specified in the pricing section. The Contractor further agrees to remit
the service fee by check on a quarterly basis for the previous quarter spent through this contract,
to the Contract Administration Supervisor, at 901 B Texas Street, Denton, TX 76209, on or by
the fifteen day of each month, following the end of the quarter. The Contractor shall also
provided quarterly sales reports from the contract awards and Purchase Orders issued from the
Contract, for the purpose of billing and collecting the service fee, and for compiling required
purchasing history. This report shall be sent to purchasin ,cityofdenton.com on or by the tenth
day of each month. The Contractor further agrees that the City shall have the right, upon
reasonable written notice, to review the Contractor's records pertaining to purchases under this
awarded contract to verify the accuracy of service fees charged to the Contractor.
Standards of Performance
Monthly Time Standards - Contractors shall fully understand that the City relies on the product
or service of the contract to provide vital municipal services, and the availability and reliability
of the equipment is of the essence. With this in mind, the Contractor shall meet the following
performance standards at all times. Labor disputes, strikes, and other events, except those
beyond the Contractor's control such as acts of God, shall not relieve the Contractor from
meeting these standards. For service category, the Contractor must ensure the given level of
service is achieved, within the designated nuxnber of working hours.
Contractor shall deliver goods or services within speciiied delivery times for 95% of all orders.
The City reserves the right to utilize the services of another installer should the Contractor
cannot meet the new equipment installation deadline required by Technology Services.
Performance Liquidated Damages
The Contractor shall incur contractual payment losses, as initiated by the City for
performance that falls short of specified performance standards as outlined below:
The Contractor shall be assessed a one (1%) percent fee each month when any one of the
performance standards outlined above are not met in full. The Contractor shall be assessed a
two (2%) percent profit fee each month when any two (2) or more performance standards
outlined above are not met in full. At the end of each month, the City will review the monthly
reports and determine the percentage of penalty to be assessed to the Contractor's monthly
profit margin.
RFP # 5492
EXHIBIT 3
Exhibit C
INSURANCE REQUIREMENTS AND
WORKERS' COMPENSENTATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations,
which the successful contractor shall have a duty to maintain throughout the course of this
contract.
STANDARD PROVISIONS:
Without limiting any of the ofher obligations or liabilities of the Contracfor, the
Confractor shall provide and maintain until the confracted work has been completed and
accepted by the City of Denton, Owner, the minimum insurance coverage as indicated
hereinafter.
Confractor shall file with fhe Purchasing Department satisfactory certificates of
insurance including any applicable addendum or endorsements, containing fhe contract
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any time;
however, Contractor shall not commence any work or deliver any material until he or she
receives notification that fhe contract has been accepted, approved, and signed by fhe
City of Denton.
All insurance policies proposed or obtained in satisfaction of these requiremenfs shall
comply with the following general specifications, and shall be maintained in compliance
with these general specificafions throughout the durafion of fhe Contract, or longer, if so
noted:
Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
� That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificafe be cancelled or materially changed before the
expiration date.
RFP # 5492
EXHIBIT 3
• Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double
the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obfained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury,
• Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this
RFP # 5492
EXHIBIT 3
contract, personal injury liability and broad form property damage liability,
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than 500 000 either in a single policy or in a combination
of basic and umbrella or excess policies. The policy will include bodily injury and
property damage liability arising out of the operation, maintenance and use of all
automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned hired and non-owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a$500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation
Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
$500,000.00 combined bodily injury and property damage per occurrence with a
$1,000,000.00 aggregate.
[] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building. Limits of not
less than _ each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
RFP # 5492
EXHIBIT 3
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery
inside/outside the premises, burglary of the premises, and employee fidelity. The
employee fidelity portion of this coverage should be written on a"blanket" basis to cover
all employees, including new hires. This type insurance should be required if the
contractor has access to City funds. Limits of not less than $ each
occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts
and specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
RFP # 5492
EXHIBIT 3
ATTACHMENT 1
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions;
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing
statutory workers' compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the
project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perForm on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services
on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior to
the end of the coverage period, file a new certificate of coverage with the
governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
RFP # 5492
EXHIBIT 3
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on
RFP # 5492
EXHIBIT 3
the project; and
b. a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of
any change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perForm as
required by paragraphs (1) -(7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare
the contract void if the contractor does not remedy the breach within ten
days after receipt of notice of breach from the governmental entity.
RFP # 5492
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
C�NTRACT FOR CISCO NETWORKING EQUIPMENT AND SMARTNET MAINTENANCE
ON CISCO NETWORKING EQUIPMENT FOA THE CITY OF DENTON; PROV�DING FOR
THE EXPENDITURE OF FLTNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP
5492-AWARDED TO PRESIDIO NETWORKED SOLUTIONS GROUP, LLC IN THE THREE (3}
YEAR N4T-TO-EXCEED AMOUNT OF $2,890,513).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
Cisco networking equipment and Smartnet maintenance on Cisco networking equipment far the City
af Denton in accordance with ihe procedures of State law and City ordinances; and
WHEREAS, the City Manager or a designated emplayee has received and revie�wed and
recomrnended that the herein described proposals are the most advantageous to the City consideririg
�he relative importance of price and the other evaluation factors included in the request for prapasals;
and
WHEREAS, t1�e City Council has provided in the City Budgei for the appropriation of funds
to be used far the purchase of the materials, e�uipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTQN HEREBY ORDAINS:
SECTION 1. The items in the follawing numbered rec�uest for praposal far materials,
equipment, supplies or services, shown in the "Request for Praposals" on fiie in the office af the
Purchasing Agent, are hereby aecepted and approved as being the most advantageous to the City
cansidering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTQR AMOUNT
5492 Presidio Networked Solutions Group, LLC $2,890,513
SECTION 2. By the acceptance and approval of t�e abnve numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals �ar such items and
agrees to purchase the materials, equiprnent, supplies or services in accordance with the ierms,
specifications, staxidards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
�ECTIQN 3. Should the City and person su�mitting approved and accepted items and af the
submitted propasals 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 coz�tract is in accordance with
the tern�s, canditions, specificatians, standards, quanti�ies and specified sums cantained in the
Proposal a.nd related documents herein approved and accepted.
SECTION 4. The City Cauncil of the City of Denton, Texas hereby expressly delegates the
authority ta iake any actions that may be required or permitted to be performed by the City of Denton
under the RFP 5492 to the City Manager of the City of Denton, Texas, ar his designee.
SECTZON 5. By the acceptance and approval of the above enumerated bids, tk�e City Cauncil
hereby autharize� the expenditure af funds therefor in the arr�ount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effectzve immediately upon its passage and
approval.
PASSED AND AP�ROVED this the day of , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, C�TY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Engineering Services
ACM: Jon Fortune �
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to execute a
Purchase Agreement, by and between the City of Denton, Texas ("City"), as Buyer, and
Wilma Haggard (the "Owner"); as Seller, to acquire (i) fee simple to a 1.029 acre tract; (ii)
fee simple to a 0.624 acre tract; and (iii) a slope easement encumbering a 0.076 acre tract, all
lands located in the David Hough Survey, Abstract Number 646, City of Denton, Denton
County, Texas, and being generally located in the 1900 block of South Mayhill Road; for the
purchase price of Two Hundred Ten Thousand Dollars and No Cents ($210,000.00), and
other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached
to the ordinance and made a part thereof as Exhibit "A", authorizing the expenditure of funds
therefor; and providing an effective date.
(Parcel M136 Haggard - Mayhill Road Widening and Improvements project and Municipal
Landfill) (Paul Williamson)
BACKGROUND
The City Council considered and approved offer(s), pursuant to Ordinance No. 2013-180
(July 16, 2013) and Ordinance No. 2014-011 (January 7, 2014), respectively, to purchase the
captioned land rights.
The Owner has 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)
Public Utilities Board on June 24, 2013 recommended approval of the acquisition of the
0.624 acre Municipal Use Tract (6-0)
City Council — Ordinance No. 2013-180 Offer to Purchase (07-16-13)
City Council — Ordinance No. 2014-011 Final Offer to Purchase (O1-07-14)
FISCAL INFORMATION
The 1.029 acre fee tract and the 0.076 acre slope easement tract, both associated with the
Mayhill Road Widening and Improvements project, are 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 ($162,633.00�
The 0.624 acre Municipal Use tract is to be funded by Solid Waste capital project bonds
allocated for real property purchases: ($48,367.00�
EXHIBITS
l. Location Map
2. Ordinance
Prepared by,
Paul H. Williamson
Real Estate & Capital Support Manager
Respectfully submitted,
John T. Davis, P.E.
Director, Engineering Services
�ocation Map HAGGARD Parcel M136
EXHIBIT 1 attachment to AIS Mayhill Road Widening and Improvements
s:\legal\our documents\ordinancesU4Viaggard ordinance - ICC f1ri11.C�OC
ORDINANCE NO. 2014-
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A PURCHASE AGREEMENT, IN LIEU OF EMINENT DOMAIN, BY AND
BETWEEN THE CITY OF DENTON, TEXAS ("CITY"), AS BUYER, AND WILMA M.
HAGGARD ("OWNER"); AS SELLER, TO ACQUIRE (I) FEE SIMPLE TO A 1.029 ACRE
TRACT (THE "MAYHILL TRACT"); (II) FEE SIMPLE TO A 0.624 ACRE TRACT (THE
"LANDFILL TRACT"); AND (III) A SLOPE EASEMENT (HEREIN SO CALLED),
ENCUMBERING A 0.076 ACRE TRACT, EACH AFFECTED TRACT LOCATED IN THE
DAVID HOUGH SURVEY, ABSTRACT NUMBER 646, CITY OF DENTON, DENTON
COUNTY, TEXAS, LOCATED GENERALLY IN THE 1900 BLOCK OF SOUTH MAYHILL
ROAD (THE "PROPERTY INTERESTS"), FOR (A) AS CONCERNS THE MAYHILL
TRACT AND THE SLOPE EASEMENT, THE PUBLIC USE OF EXPANDING AND
IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY; AND (B) AS
CONCERNS THE LANDFILL TRACT, FOR THE PUBLIC USE OF EXPANDING AND
IMPROVING THE CITY OF DENTON LANDFILL, A PERMITTED MUNICIPAL SOLID
WASTE DISPOSAL FACILITY; TO PURCHASE THE PROPERTY INTERESTS FOR THE
PURCHASE PRICE OF TWO HUNDRED TEN THOUSAND AND NO DOLLARS
($210,000.00), AND OTHER CONSIDERATION, AS SET FORTH IN THE PURCHASE
AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART
HEREOF AS EXHIBIT "A", AUTHORIZING THE EXPENDITURE OF FLJNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an offer to the Owner to purchase the Property
Interests pursuant to Ordinance No. 2013-180, passed and approved by the City Council of the
City of Denton on July 16, 2013;
WHEREAS, the City of Denton made a final offer to the Owner to purchase the Property
Interests, pursuant to Ordinance No. 2014-011, passed and approved by the City Council of the
City of Denton on January 7, 2014;
WHEREAS, the City of Denton, through legislative action of the City Council on March
14, 2014, passed and approved Ordinance NO. 2014-072 finding that a public use and necessity
exists to acquire the Property Interests through the exercise of the right of eminent domain;
WHEREAS, Owner has made a counteroffer to the Offer(s) of City; and
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 l. 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 fnds and determines that the acquisition of the Property Interests is
necessary for public use to provide street and roadway expansion, related improvements and also
municipal landfill use, all 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
$210,000.00 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.
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 , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Page 2
Exhibit A
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated
2014, but effective as of the date provided below, between Wilma M. Haggard (referred to herein
as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Wilma M. Haggard 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 projects (i) called the Mayhill Road Widening and Improvements Project
("Mayhill Project"); and (ii) related to the expansion and improvement of the City of Denton
Landfill, a permitted municipal solid waste disposal facility (the "Landfill Project") (the Mayhill
Project and the Landfill Project are collectively referred to herein as the "Projects");
WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii)
an easement, being a part of and encumbering the Land, related to the Projects; 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 Projects;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (the "Mayhill Deed"), 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 Mayhill Deed, and other interests as prescribed therein (the "Mayhill Fee Lands"),
the Mayhill Deed being attached hereto as Attachment 1 and made a part hereof, related to the
Mayhill Project; (ii) a Special Warranty Deed (the "Landfill Deed"), 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 Landfill Deed, and other interests as prescribed therein
(the "Laildfill Lands") (the Mayhill Lands and the Landfill Lands are collectively referred to
herein as the "Fee Lands"), the Landfill Deed being attached hereto as Attachment 2 and made a
part hereof, related to the Landfill Project (the Mayhill Deed and the Landfill Deed are
collectively referred to herein as the "Special Warranty Deeds"); and (iii) 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 3 and made a part hereof, for slope purposes, as
more particularly described therein, related to the Mayhill Project.
The (i) Special Warranty Deeds shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1" and "Attachment 2", respectively; and (ii) the Slope
Easement shall be in the form and upon the terms as attached hereto and incorporated herein as
"Attachinent 3" (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 herself, her
heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may
be produced from the Fee Lands. Owner, her heirs, devisees, successors and assigns, shall not have
the right to use or access the surface of the Fee Lands, in any way, manner or form, in connection
2
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, tanks or tank
batteries, pipelines, i°oads, 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 "other 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 "other minerals" as utilized herein, shall be in
accordance with ihat se� 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 (�00') 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 Two Hundred Ten Thousand and No/100 Dollars ($210,000.00). 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 City 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,
3
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
E�ceptions (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 and/or the transactions contemplated by this Agreement, 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 Easement Lands, interference with Owner's
activities on the Easement Lands or other property interests of Owner caused by or related to
activities on the Fee Lands related to the Project and/or activities within the scope of the rights
granted by the Easement, whether accruing now or hereafter, and Owner hereby releases for herself,
her heirs, devisees, successors and assigns, the City, it's officers, employees, elected officials, agents
and contractors from and against any and all claims they may have now or in the future, related to
the herein described matters, events and/or damages.
5. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC, �25
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 t17e
Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the
Closing Date shall be the ne�t 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. All real estate ad valorem or similar taxes for the Property, or
any installment of assessments payable in installments which installment is payable in the year of
Closing, shall be prorated to the date of Closing, based upon actual days involved. In connection
�
with the proration of real property taxes or installments of assessments, such proration shall be based
upon the assessed valuation and tax rate figures for the year in which the Closing occurs to the extent
the same are available; provided, that in the event that actual figures (whether for the assessed value
of the Property or for the tax rate) for the year of Closing are not available at the Closing Date, the
proration shall be made using iigures from the preceding year for the figures which are unavailable
for the year of Closing. The proration shall be final and unnadjustable. The provisions of this
Section 6 shall survive the Closing.. All other typical, customary and standard closing costs
associated with this transaction shall be paid specifically by the City, except for Owtier'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.
B. In the event City shall default in the performance of any covenant or term provided herein, and
such default shall be continuing after ten (10) days written notice of default and opportunity to cure,
Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by
written notice of such election to City; or (ii) enforce specific performance of this Agreement.
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON
COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE
SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY,
TEXAS.
10. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter
�
into any Agreement that will be binding upon the Fee Lands or the Easement Lands, or upon the
Owner with respect to the Fee Lands or the Easement Lands, after the date of Closing.
ll. 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:
Wilma M. Haggard
Phone_
Telecopy:
Copies to:
For Owner:
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Teaas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For City:
Larry Collister, Deputy City Attorney
Ciiy 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 Deeds or Easement.
�
14. In the event prior to the Closing Date, condemnation or eminen� domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the �aking 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.
1 �. Authority to take 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.
CITY OF DENTON, TEXAS
I:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: , 2014
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
Date:
2014
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � ,
- —..'—
Date: 2014
7
C�li:il►i�.�i
��� ,t ! ��' 7 CG'�. �r/ ``,j't �'1 /�� �_'i,"j'`
WILMA M. HAGGARD
Date: �� •- ,� �' -�` , 2014
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
tllis 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: , 2014
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
(Mayhill Deed)
STATE OF TEXAS
COUNTY OF DENTON
.
KNOW ALL MEN BY TH�SE PRESENTS:
That Wilzna M. Haggard, a single woman (herein called "Grantor"), for and in
conszderation of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and
valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a
Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney,
Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas being particularly described in Exhibit "A" 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 iixtures
thereon and all other rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for herself,
her heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under
and that znay be produced from the Property. Grantor, her heirs, devisees, successors and
assigns shall not have the right to use or access the surface of the Property, in any way,
manner or form, in connection with or related to the reserved oil, gas, and other minerals
and/or related to exploration and/or production of the oil, gas and other minerals reserved
herein, including without limitation, use or access of the surface of the Property for the
location of any well or dril] 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 anx 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 "other 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 pariies hereto is that the meaning
of the term "other minerals" as utilized herein, shall be in accordance with that set forth
in Reed v. Wylie, 597 S.W.2d 743 {Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions]
Grantor hereby assigns, without recourse or representation, to Grantee, any and all
claims and causes of action that Grantor may have for or related to any defects in, or
injury to, the Property.
TO HAVE AND TO HOLD the Property, together with all and singutar the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
Page 2 of 3
and assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, devisees,
successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Property unto Grantee and Grantee's successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through or
under Grantor, but not otherwise.
EXECUTED �he day of , 2014.
WILMA M. HAGGARD
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OP DENTON §
This instrument was acknowledged before me on
Wilma M. Haggard.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 7b209
Page 3 of 3
2014 by
Notary Public, State of Texas
My commission expires: _�
Property Tax Bills To:
City of Denton Finance Department
215 E. McKznney Street
Denton, Texas 76201
EXHIBIT "A" - to Special Warranty Deed
rthur Surveying Co., I nc.
.,Y�xof�essxozea_Y -La�d Suz-areyoxs
P.O. $ox 54 --� Letiviaville, Texfls 75067
Of�cu: (972) 221-9�39 •� F�x: (972) 221-46'75
ExxxBZT «a„
MAYHILL ROAA
PARCEL M136
1.029 Acres
City of Denton, Denton County, Texas
BEI(YG 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 a part of that certain tract of land described by deed to Mason A, Haggard
and wife, Wilma Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being
more particularly described as follows:
COMMENCING at a t/2 inch iron rod found for corner in the east line of said Haggard tract snd the northeast
corner of a tcact of land described by deed to Richard A. Greb and wife, Nancy A. Greb, recorded under Instrument
Number 2006-100770, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being in the existing
Mayhiil Road;
THENCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 8031
feet to a t!2 inch iron rod with yeilow cap stamped "Arthue Surveying Company" (ASC) set for the POINT OP'
B�GtNNING;
THEIVCE South 88 degrees 56 minutes 53 seconds West, with tl�e north line of said Greb tract, a distance of 135, l7
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
Tki�NCE North O 1 degcees 50 minutes 2l seconds East, over and across said Haggard tract, a distance of 330.88
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Haggard tract and
the south line of a tract of ]and desceibed by deed to John i-Tetuy Bond, etal., recorded under fnstrument Number
2004-30989, O.P.R.D.C.T.; ,
THENCE North 87 degrees 52 minutes 49 seconds East, with the nortli line of said Haggard tract and the south line
of said Bortd tract, a distance of 135.32 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENC� South Ol degrees SO minutes 21 seconds West, over and across said Haggard cract, a distance of 333.40
feet to the POINT OF SEG)NNTNG and containing 1.029 acres of lend.
��,�'Y
12
C114�731-27
Parcel M136
.
.
t..
. i
6�'
EXHIBIT "B" - to Special Warranty Deed
���1
�4�� ���,a�.
r�'�?,�iq1 Joha Henry Bond, etal
'��.�. Smlr, No. 2004-30989
'C
�'i� �'���
1`�'�:�'��'
N87 5?`49' B
—^---' ' 1.R.S.
�f
�
�
��
�i
�
I.R.
1.029 Acres
�taeon A. Haggard & M� p�rcel M136
wite, Wilma Haggard W
Volume 337, Page 430; .� (44,839 sq. ft.)
(remolnder) �)
��
z+ �Q��'
i ; ��i
I ,�1�
� � ��.�
S8B'S6'S3"W � �'��
468.fi8' � R
� r.rr. s,
. ���rr�����
5��' �' ,�.,sn%`�� S88°36'S3"W 135.1
r.R.F �:�,a
���
k��� l . �
Sti�
��a,
Rlchard A Oreb k
xite, Nancy A Oreb
lnetr. No. 2008-100770
EXHIBIT "B"
May�.ill Road
Parcel M136
1, 029 Acres
David Hough Survey,
Abstract Number 646
City of Denton
Denton County, Texas
--ZO�2--
l.R.F,
.'�
M�
QN '
q� I
z
�
°` "PX" Noif
j�52'�"E Set
A2, 7�,
�
t�� �?,3{� �
�� ���� ����
�+ C�l.* u'x �;
q 1���g4�� l00 0 50 100
t'
SCALE: 1 ° a ! 00'
Dearings shown hereon besed on the City of
�eoton G[S Network.
—i�---�—}'' GoelCoaement
I lnof , Ma 20t76-6�79a
� IP&L fosemant
( � Vol. 190, Pg. 620
lo' � � �
v
MI O�
�I � ��
� �
NI 3
b� $ 1 °'
�� ❑j � Z
� I � ,�
i � i �
� � , P.
� �
�88 �6�53"W I
NOTES:
. I.R.F. = Iron Rod Found
. C.1.R.F. = 5/S" Iron 12od Found with
cap stamped "Cotlon Surveying".
• I.R.S. = 1/2" (ron Rod Set with
ycllow cap stamped "Arthur
Surveying Company"
. AI► improvements not shown hereon.
. 6asement recorded in Vol. 336, Pg.
36? does not affect this tract to the
best of my knowledge.
. Easement recorded in Yoi. 34 t, Pg.
222 assigned in Vol. 367, Pg. 242 is
centered on a pipeline not
specificalty located.
. Bia»ket Easement recorded in Vol.
357, Pg. 54 includes this tract.
� �f �,� �Y ����
:y
}(1 J�'rh�•��,,,�p, ���`%R
� �
� t�...�....t�`:...,...a.�a.
� o 'ti��►ai..�s.:: a� rr�u
�,� i... ;. _
:.� �s5'r' y�
�� � �"7�:.��g5t�4j, f
' � � � �AFZF
C,LR.F,
d `�G � �
✓/
l
�'
SURVEYORB C�RTIPICATTON:
Ttw wuJnra/gned dnes 6tteAy acrtify ro Tt�e
Rexaurcrf (O.R No. t2t698) ILit U�la �wvoy wea
d,is dey mado on Ihe 6rouad of tha proparry 1�6allY
desmdud hacon a+ut la cm�eet, uul ta �helhtst ol
my )mowkdge, thwo uv a� vlrA+to d/ecropuucies,
CoaIIiC�:, tLurf+$a tn stce, 6nnadary lfac coaQictr,
encmacLrouus. overhPpinB afiroproveroenM,
eu�emants oreig6ts ofwny ttut t have bnen �dvlaed
or��� � en�Wn n�.wa.
rihur Surveying Co., Inc.
.ProPesaivnax x�aad su�rv+eyvm
P,O.Hoz B4 — Lewievtile, Tezas 75087
Oftice: (892) 221-9439 Fes: (972) 221-4876
Estatbliahed 1988
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 PUSLIC RECORDS: YOUR SOCIAL SECURiTY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WAR�2ANTY DEED
(Landfill Deed)
STATE OF TEXA,S
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
That Wilma M. Haggard, a single woznan (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 �. McKinney,
Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and
confessed, has GRA.NTED, SOLD and CONVEYED, and hy 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 herself,
her heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under
and that may be produced from the Property. Grantor, her heirs, devisees, successors and
assigns shall not have the right to use or access the surface of the Property, in any way,
mannex or form, in cozinection 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 resez-ved oil, gas and other minerals, and/or
related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas and all associated
hydrocarbons and sha11 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 "other 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 suxface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions]
Grantor hereby assigns, without recourse or representation, to Grantee, any and all claims
and causes of action that Grantor may have for or related to any defects in, or injury to,
the Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
Page 2 of 3
and assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, devisees,
successors and assigns to WARRA.NT AND FOREVER DEFEND all and singular the
Property unto Grantee and Grantee's successors and assigns, against every person
whomsoever lawfuliy claiming or to claim the same or any part thereof, by, through or
under Grantor, but not otherwise.
EXECUTED the day of _�, 2014.
WILMA M. HAGGARD
ACKNO WLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on
Wilma M. Haggard.
Upon Filing Return To:
The City of Denton-Engineering
Attn:.Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
2014 by
Notary Public, State of Texas
My commission expires: __
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 7b201
EXHIBI`T "A" - to Special Warranty Deed
rthur Surveying Co., Inc.
.�'xofessioxaa.X .�,�.nd SurveYvrs
P.O. Box 5�1 ^• Lewiaville, Ta�ns 75067
Olxico: (972) 221-9439 �� Ft�x: (972) 221-4675
EXHIBIT "A"
MUIYICIPAL USE TRA.CT
0.624 Acres
City of Denton, Denton County, Texas
BE1NG all that certain lot, tract or parcel of land sitnated in the David Hough Survey, Abstract Number 646, City of
Denton, Denton County, Texas, and being a part of that certain tract of land described by deed to Mason A. Haggard
and wife, Wilma Haggard, recorded in Volume 337, Page 430, Deed Itecords, Denton County, Texas, and being
more particularly described as follows:
BEGINNTNG at a 1/2 inc6 iron rod found for corner in the east f ine of said Haggard tract and the northeast corner
of a tract of land described by deed to Richard A. Greb and wife, Nancy A. Greb, recorded under Instrument
Number 2006-1007?0, Official Public ltecords, Denton County, Texas {O.P,R.D.C.T,), and being in the existing
Mayhill Road;
THENCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 80.31
feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for corner;
THENCE North O 1 degrees SO minutes 21 seconds East, over and actoss said Haggat•d tract, a distance of 333.40
feet to a l/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Haggard tract and
the south line of a tract of land described by deed to John Henry Bond, etai., recorded under Instrument Number
2004-30989, O.P.R,D.C,T.;
T'H�NC� North 87 degrees 52 minutes 49 seconds East, with the north line of said Haggard tract and the south line
of said Dond tract, a distance of 82.76 feet to a"PK" Nail set for the northeast corner of said Haggard tract and the
souti3east r,arner of said 6ond tract, same point being in the existing Mayhill Road;
THENCE South 02 degrees 14 minutes 30 seconds West, with the east line of sdid Haggard tract, and with the
existing Mayhiil Road, a distanca of 335.07 feet to the POINT OF BEGtNNiNG and containing 0.624 acres of
land, of which 0.230 acres lie within the existing Mayhill Ttoad.
A ���
`Y
� O�
��\
C1107131-27
Paccel M 136
Municipal Use Tract
� r .1`� �\
�F• -'.... ,. �
,c P:,� ����•,�;��t� �
�:�¢,F; a_. '
.�JC�Nh' �, ;SELL..
.;.,;,�
P�,r ..
f �F ��C)
�� .����1 �
SUA'�
�xuTUY�' ��R+� - t� Snecial Warrant.y Deed
� �°'�`,y��,
'gjS����� Inelr,HNor 2 04 30989
'�' �6
�°�p+agti�
�_ _ .� .�– – ---_~~._^"""�'�..�.— I. R.5
—•�•�•.—.•�'—"•�---• jS' Gas��oscmenf•---�
1 lnstr. No. 200b—&4790
� j5,0o6 aq. !t) �
M
New Municipal Use Tract 0,274 ac. (12,149 sq. ft.) `O
Existing Implied Dedication 0.230 ac, (10,042 sq. ft.)
Gas Easement 0.11 S ae. (5,005 sq. fl.)
0.624 Acres (27,196 sq. ft,)
Muaicipal Use Tract
I �b �
Mason A. Haggard & t ''p�'t �
wife� 1Tllma �ieggard J� �
Volutne 337, Page 430 ''� °.
(mmairtder) 9��G�' i ,''��'
�� � Frapossd Pacal Mt36 �
�+�� S&8'56'S3"W
�,�1 603,95� LR.�
G�..--,^-...__._,,,j�.,_ _.—.--�.-*--�---
O– – – �y Y
5�8" $
LR.F. �p�
�,a
9�
Rlchnrd A (3reh &
Nlte, Nenoy A. Greb
lnatn No, 20aB-100770
EX�IIB IT "B "
Municipal Use Tract
0.624 Acres
David I3ough Survey,
Abstract Number 648
City of Denton
Denton County, Texas
--za�2--
l,R.F• t �
�
w
� ��
M � � �� 13
o � � +�t �,���5
� �����
ZI( ('j�b�tS� i�cw a so ioo
4� B A.
$2.;'� 1 uP $eNall
...
� �
�, .
�
I
i
�
,� � c
�' i�
o �
� �
o �
� �
� ��
� a.
In
iby
��
1
/
Exleting Fance
—7PAcL Easement
Val. 190, Pp. 620
r.R.F.
�Sd� g��y�
80.3 '
3
�o
��
�
�
i
C.I.R,F.
�
��
�
3
��
��
�
SCAI.E: i" � 100'
Bearings shown )ieceon based on the City of
Denton GtS Nehvork.
NOTGS:
• LR.F, = tron Rod Found
• C.1.R.F. @ 5/8" lron Rod Found with
eap stamped "Cotton Surveying".
• I.R.S. = 112" Iron Rod Set wilh
yello�v cap stamped "Arihur
Surveying Company"
. All improvements not shown heceon.
• Easement recoTded in Vol 336, Pg.
367 does not effect this uact to the
best of my knowledge.
. Easement recorded in Vo1. 34 I, Pg.
222 essigned in Vol. 36T, Pg. 242 is
centered on a pipeline not
specificaliy loceted.
• Bla�iket Easement recorded in Vol,
35T, Pg. 54 includes this trect.
SURVEYORS CSRTLiTCA770N:
73o uedcnlgneA doea 6ereby caM}y to 7'itle
Reaa�mulO.A. t�`a. t27648) thwt tLls survoy wes
t61r dey made on �bo ground ot �Le AroPeny laguty
Jurdbuf hcrca� and Is carruL +� �� beat of
my tnnwtedge, t6eta ua no vlefble dtecropuacies,
cou�lctr, rbarbSG+ in aren, 6ouaduy tfne conl7k�s.
oncmnrhmenes, overfapping oflm�rovomrnts,
cuarn�fehb pr ti�u of way thu11 hovo buo udvined
ofuoept as ahown 6ereon.
rthur Surveying Co., I nc.
Frofessional Le.r�d SurveYors
P.O.Bos 54 – Letiisvilte, Texas 78087
Off[ae: (B72) 221-9439 Faz: (972) 221-4876
Eatatbliehed 198H
s:Uegal\our documenu\contractsU3\haggard slope 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 TNSTRUMENT 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
SLOPE EASEMENT
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
THAT Wilma M. Haggard, a single woznan ("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 sufiiciency of which is hereby acknowledged, has GRANTED,
BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL
and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual slope easement in, along,
upon, under, over and across the following described property (the "Property"), owned by
Grantor, and situated in Denton County, Texas, located in the David Hough Survey, Abstract
Number 646, to wit:
PROPERTY DESCRIBED IN EXHIBTT "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 iateral 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, workmen and representatives, for the purposes set forth herein, including
without limitatzon, the making additions to, improvennents 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 kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, aver or across the Property by Grantor. Further, Grantor stipulates
and ackxiowledges 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,
improvennents or obstructions in any nnanner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, sha11 be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to 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 � , 2014.
2
Grantor:
WILMA M. HAGGARD
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instnunent was acknowledged before me on _, 20I4 by Wilma
M. Haggard.
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 I:xpii•es:
3
EXHIBIT "A" - to Stope Easement
rthur Surveyi�g Co., I nc.
..�'xco.fesszoxzaX .�.razzd Srsrveyoxs
P.O. 13ox Sa -• T.owisville, Texas 75067
Ot]ficc: (972) 221-9439 •-- I'fuc: (972) 2�1-46'75
EXI-�IBIT "A"
20' SLOPE EASEMENT
MAYHILL R4AD PRO,�CT
O.O�b Acres
City of Denion, Denton County, Texas
BEING al) that ce►Kain lot, tract or parcel of tand situated in the David Hough Survey, Abstract Number 646, City of
Denton, Denton County, Texas, and being a part of that ceitain tract of land described by deed to Mason A. i�aggard
and wife, Wiima Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being
moPe particularly deseribed as fotlows:
COMMENCtNG at a 1/2 inch iron rod found for corner in d�e east line of said Haggard tract and the northeast
comer of a tract of land described by deed to Richard A. Greb and wife, Nancy A. Greb, recorded under lnstrument
Number2006-100770, O�cial Public Records, Denton County, Texas (O.P.R.D.C.T.), and being in the existing
Mayhill Road;
THENCE South 88 degrees S6 minutes 53 seconds West, with the north line of said Greb tract, a distance of 215.48
feet to a L/2 inch iron rod with yellow cap stamped "Artliur Surveying Company" (ASC) set for the POTNT OF
BEGINNING;
THENCG South 88 degrees 56 minutes 53 aeconds West, with the north line of said Greb tract, a distance of 10.01
feet to a point for corner;
TIiEIYCE North O l degrees 50 minutes 21 seconds East, over and across said Haggard tract, a distance of 330.b9
feet to a point for corner in the north line of said Haggard tract and the so�th line of a tract of land described by deed
to John Henry Bond, etal,, recorded vnder Insh•ument Number 2004-30989, O,P,R,D.C.T,;
THEtYCE North 8'7 degrees 52 minutes 49 seconds EasT, with the north line of said Haggard tract and the south line
of said Bond tract, a distance of 10,02 feet to a 1/2 inch iron rod with yeliow cap stamped "ASC" set for corner;
THENCE 5outh O1 degrees 50 minutes 21 seconds West, over and across said Haggard tract, a distance of 330.88
feet to the POIIYT OF B�GINNING and containing 0.076 acres of land.
, �;. � " �-Y.`�;;�
����,agr��;;;�;?:, �:.
� � ..�i� . '�+'':ter�?'�
t�ry,/���y ���! � �
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Office: (972) 221-9439 Fax: (972) 281-4876
Estetbllehed 1986
CITY OF DENTON CITY COUNCII, MINUTES
April l, 2014
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April l, 2014 at 3:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member King, Council Member Roden, and Council
Member Hawkins.
ABSENT: None.
Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for April l, 2014.
Council Member Gregory asked for a short comment from staff regarding 4A — DME Electric
Service Standards.
Jerry Fielder, Engineering Division Manager, presented background information and the changes
from the 2005 version. Most of the changes were considered minor and were done for
clarification purposes or to bring the requirements up to current DME practices and standards.
Under Section 2-General Provisions, paragraph S was added regarding contractor and company
requirements. He showed how Denton compared to other utilities in terms of material and labor
and who was responsible for what.
Another change was Appendix B which included customer requirement forms for multi-family,
residential development, residential single home, commercial and industrial. Appendix C
included clearance requirements based on the National Electrical Safety Code. The previous
standards were adopted by Council in 2005.
3. Receive a report, hold a discussion and give staff direction regarding the naming of the
Center for the Visual Arts.
John Cabrales, Assistant City Manager, presented an update on the progress for the changing of
the name of the Center for Visual Arts. Council had asked staff to research who had the naming
rights of the facility and to meet with the Greater Denton Arts Council on the issue. A meeting
had occurred between the Greater Denton Arts Council, the Chamber and the Mayor and a
proposed agreement was reached which included naming the Center after Fred and Patsy
Patterson and Roy Appleton, Jr. They also proposed that all costs incurred would be paid for by
the Chamber of Commerce and/or the City, including the installation of an electronic sign on the
Bell Avenue frontage. The requirements of naming facilities from the formal policy were
reviewed. Council had the authority to amend these requirements. Staff's research had
confirmed that there was no verbiage that conveyed the naming of facility to the GDAC.
Council Member Gregory suggested using the City Manager's contingency fund to upgrade the
plaque so that it would be similar to the one for the transit center.
City of Denton City Council Minutes
April l, 2014
Page 2
Mayor Burroughs stated that when working on the resolution, he did not recall lighted signs in
the discussion. That was a side issue and not a policy question. The policy question was the
naming itsel£ He felt it was a good solution with the two families well connected with the arts in
the community.
Mayor Pro Tem Kamp stated she was in support of the naming and suggested receiving some
further research on the Patterson's.
Bill Patterson presented background information about the family.
Council Member King stated that he was in favor of the naming.
Council Member Hawkins stated that he was also in favor of the naming and felt that a good job
was done getting a resolution to the naming of the building.
Consensus of the Council was to have the City absorb the cost of plaque and proceed with the
naming as proposed.
4. Receive a report from staff, hold a discussion, and provide staff direction concerning
Denton's 2014 update to the Water Conservation and Drought Contingency Plans.
Tim Fisher, Water Division Manager, presented the details of the plan. The Drought
Management Plan was designed to reduce water demands during short term emergency
conditions. It separated water uses into essential and non essential water uses. Essential uses
were indoor uses and non-essential uses generally meant outdoor uses. Water Conservation Plans
were for long term reduction in water use to stretch existing water supplies to support growing
population. It involved efficient use of water, similar to efficient use of electricity. It was the key
element of a state-wide water supply planning process and of the Region C Water Supply Plan.
History of the plans - prior to 2000 there were no formal plans in place. The first formal plan was
approved in January 2000. The Drought Management Plan closely followed the Dallas Water
Utilities Plan. It contained four stages and three types of conditions. The Water Conservation
Plan was not tied to the Dallas Water Utilities. The Plan was updated every 5 years. In 2012 the
Plan was revised and moved the mandatory water restrictions of twice per week from Stage 3 to
Stage 1. Spring flooding in 2007 eliminated the need to activate Stage 1.
There were no plans to the change plan, it was just a need to update the goals. A public hearing
would be held on April 15th with approval on that same date. Dallas had recently changed their
plan from a 4 stage plan to a 3 stage plan. Stage 2 and 3 were modified/combined to Stage 2.
Stage 4 was eliminated and became Stage 3. The trigger conditions were modified. Denton staff
recommended similar plan changes. The revised drought stage triggers were presented along
with the current lake levels, a comparison of current and proposed drought triggers and action
measures for each stage.
Council Member Gregory asked for a report on car washes and the reuse requirements for water.
Consensus of Council was to proceed with the process.
City of Denton City Council Minutes
April l, 2014
Page 3
5. Receive a report, hold discussion and provide direction on modification of the Kimley-Horn
and Associates, Inc. consultant contract for Road Impact Fees to add development of a
transportation computer model and update of the Denton Mobility Plan.
PS Arora, Wastewater Division Manager, stated that the Council had approved the Road Impact
Fees contract with Kimley-Horn on January 7, 2014. The Denton Mobility Plan was a key
component of impact fees and needed to be updated. There was no travel demand data used to
develop the Mobility Plan. The Mobility Plan was a core component of the Denton
Development Code and all of the road construction that was related to capacity upgrades and
mobility improvements was tied to the Mobility Plan. To bring the Denton Mobility Plan to
modern standards, it was necessary to use the applicable computer model that would allow the
City to rely on a technically sound master transportation plan that was based on actual traffic
counts, that was calibrated for the existing conditions, and that would project build out needs of
the transportation system.
Travel Demand Modeling was the prediction of traffic volumes on a transportation network
based on land use, population and network characteristics. The purpose of a Regional Travel
Demand Model was to determine projected volumes, evaluate scenarios, and was a tool that
aided in the development of a CIP. Arora reviewed what a regional travel demand model could
do and additional applications of the model. Those additional applications included separate and
fully integrated networks for bicycles and pedestrians; transit routes that could be directly placed
on the streets so that interactions between autos and transit could be treated explicitly; and transit
access, egress, and walk transfer links.
Kimley-Horn contract modification — Kimley-Horn was already engaged in developing road
impact fees and had developed computer models for road master plans. Staff asked them to
submit a scope and cost proposal for developing the computer model to update the Mobility Plan.
The cost was estimated at $165,000. Staff was requesting $10,000 for any additional services
that might be needed in the development of the updated Mobility Plan.
Council Member Gregory noted that wide outside lanes would not be excuse for bike lanes.
Council Member King agreed with working with Kimley-Horn for this project.
Consensus of the Council was to proceed with proposal.
Following the completion of the Work Session, the Council convened in a Closed Meeting to
consider the following:
l. Closed Meeting:
A. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
l. Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the potential purchase of certain real property interests
City of Denton City Council Minutes
April l, 2014
Page 4
located in the M. Forrest Survey, Abstract Number 417, in the City of
Denton, Denton County, Texas, being a fee interest in land, regarding a
certain 10.372 acre tract of land located generally north of Blagg Road and
east of Geesling Road, for the public use of expansion, construction,
maintenance, operation, and improvement of electric transmission and
distribution lines facilities, and structures, as well as substations. Consultation
with the City's attorneys regarding legal issues associated with the potential
acquisition of the real property described above where a public discussion of
these legal matters would conflict with the duty of the City's attorneys to the
City of Denton and the Denton City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas, or would jeopardize
the City's legal position in any administrative proceeding or potential
litigation. (ARCO Substation Re-construction-Denton Municipal Electric)
2. Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the acquisition of real property interests located in the
O. S. Brewster Survey, Abstract Number 56, located generally in the 1800
block of South Bonnie Brae Street, 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 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. (Bonnie Brae Widening and
Improvements project - Parcel 13 - Harrell)
B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
l. Receive a briefing and information pertaining to certain competitive public
power and financial issues regarding Texas Municipal Power Agency
("TMPA") on matters including, without limitation: present and future plant
operations issues, plant and system expenses, maintenance issues,
performance issues, financial issues, reliability issues, planning issues, and
any related issues concerning the City's interest in, and its business
relationship with the Texas Municipal Power Agency; discuss, deliberate,
and provide Staff with direction regarding such matters.
C. Certain Public Power Utilities: Competitive Matters - Under Texas Government
Code Section 551.086; Consultation with Attorneys - Under Texas Government
Code Section 551.071.
l. Receive a briefing and presentation from Denton Municipal Electric
("DME") staff regarding certain public power competitive, financial and
commercial information relating to issues regarding the implementation of
City of Denton City Council Minutes
April l, 2014
Page 5
the "Denton Municipal Electric - Energy Risk Management Policy" that
deals with bidding and pricing information as well as contracting
information, for purchased power, generation and fuel; and Electric
Reliability Council of Texas (ERCOT) bids, prices, offers and related
services and strategies, and the terms and authorizations related thereto, as
well as other and further public power information. Consultation with the
City's attorneys regarding legal issues associated with the implementation of
the "Denton Municipal Electric - Energy Risk Management Policy" 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. Discuss, deliberate and provide staff with
direction.
2. Receive a presentation from Denton Municipal Electric ("DME") staff
regarding public power competitive and financial matters pertaining to
plans, strategies, opportunities, and developments for generation
improvements to the DME system; discuss and deliberate strategies relating
to selecting and acquiring generation resources for the City; discuss and
deliberate opportunities and strategies for the City to acquire purchased
power and enter into agreements regarding the same in light of the possible
resource shortage in ERCOT in order to meet its future energy needs.
Discuss, deliberate and provide staff with direction.
D. Consultation with Attorneys - Under Texas Government Code Section 551.071,
Deliberations regarding Economic Development Negotiations - Under Texas
Government Code Section 551.087.
l. Receive a report and hold a discussion regarding legal and economic
development issues regarding the creation of a public improvement district
and proposed amendments to the economic development incentive
agreements for the Rayzor Ranch mixed-use development. This discussion
shall include commercial and financial information the City Council has
received from Rayzor Ranch developers which the City Council seeks to
have locate, stay, or expand in or near the territory of the city, and with
which the City Council is conducting economic development negotiations;
including the offer of financial or other incentive where the duty of the
attorney to the governmental body under the Texas Disciplinary Rules 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.
E. Consultation with Attorneys - Under Texas Government Code, Section 551.071.
City of Denton City Council Minutes
April l, 2014
Page 6
1. Consult with and provide direction to City's attorneys regarding legal issues
and strategies associated with Gas Well Ordinance regulation of gas well
drilling and production within the City Limits and the extraterritorial
jurisdiction, including Constitutional limitations, statutory limitations upon
municipal regulatory authority, 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.
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.
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
l. National Service Recognition Day
Mayor Burroughs presented the proclamation for National Service Recognition Day.
2. Denton Redbud Festival Day
Mayor Burroughs presented the proclamation for Denton Redbud Festival Day.
3. Presentation of Tree City USA Re-Certification
The Tree City USA re-certification was presented to the City. This was the 23rd Tree City USA
award for the City of Denton.
3. CITIZEN REPORTS
There were no citizen reports for this meeting.
Council Member King made a presentation to Council regarding his time on Council and
thanked his fellow Council Members.
4. CONSENT AGENDA
Council Member Hawkins motioned, Council Member Gregory seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Mayor Burroughs
"aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member
City of Denton City Council Minutes
April l, 2014
Page 7
Gregory "aye", Council Member King "aye", Council Member Roden "aye", and Council
Member Hawkins "aye". Motion carried unanimously.
Ordinance No. 2014-086
A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas
approving and adopting the revised and amended "Denton Municipal Electric -
Electric Service Standards" regarding the City's municipally-owned electric utility,
Denton Municipal Electric; providing for a repealer; providing for a severability
clause; providing an effective date.
Ordinance No. 2014-087
B. Consider adoption of an ordinance authorizing the City Manager or his designee to
execute a purchase order through the Buy Board Cooperative Purchasing Network
for the acquisition of three (3) Caterpillar Model 430F Backhoes for the City of
Denton Wastewater Collections and Water Distribution Departments; and providing
an effective date (File 5514 awarded to Holt CAT in the amount of $282,576). The
Public Utilities Board recommends approval (5-0).
Ordinance No. 2014-088
C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to those cities and utilities providing energy transmission services
to the City of Denton; and providing an effective date (File 5388-Additional
Electrical Energy Transmission Fees for Fiscal Year 2013-14 in the total amount of
$787,85539). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2014-089
D. Consider adoption of an ordinance accepting competitive proposals and awarding a
public works contract for the construction of traffic control intersections for the City
of Denton; providing for the expenditure of funds therefor; and providing an
effective date (RFP 5442-awarded to Durable Specialties, Inc. in the three (3) year
not-to-exceed amount of $4,500,000).
Ordinance No. 2014-090
E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
approval of a First Amendment to a contract for mowing services, by and between
VMC Landscape Services and the City of Denton, Texas, providing for the
expenditure of funds therefor; and providing an effective date (File 4964-providing
for an additional expenditure amount of $250,000 with the total contract amount
not-to-exceed $300,000).
Ordinance No. 2014-091
F. Consider adoption of an ordinance of the City of Denton, Texas, amending the
Fiscal Year 2013-14 Budget and Annual Program of Services of the City of Denton
to allow for adjustments to the Capital Improvement Program of six hundred
thousand dollars ($600,000), the Technology Services Fund of one hundred forty-
City of Denton City Council Minutes
April l, 2014
Page 8
four thousand dollars ($144,000), the General Fund of two hundred forty thousand
dollars ($240,000), and the Street Improvement Fund of one hundred seventy-five
thousand dollars ($175,000), and establishing the Library Donation Fund to include
revenues and expenditures of thirty thousand dollars ($30,000); declaring a
municipal purpose; providing a severability clause; providing for an open meetings
clause; and providing for an effective date. The Audit/Finance Committee
recommends approved (2-0).
Ordinance No. 2014-092
G. Consider adoption of an ordinance of the City of Denton, Texas, granting the
Denton Festival Foundation, pursuant to Section 17-20 of the Code of Ordinances of
the City of Denton, Texas, a three-year exception, year 2014 through 2016, to the
limitations imposed by that section with respect to hours of operation of an
amplified loudspeaker system; and setting an effective date. Staff recommends
approval of request.
Resolution No. R2014-009
H. Consider approval of a resolution allowing Pro-Fest, Inc. to be the sole participant
allowed to sell alcoholic beverages for three consecutive years at the Denton Arts
and Jazz Festival beginning April 25 - 27, 2014, April 24 - 26, 2015, and April 29 -
May l, 2016, upon certain conditions; authorizing the City Manager or his designee
to execute an agreement in conformity with this resolution; and providing for an
effective date. The Parks, Recreation and Beautification Board recommends
approval (6-0). Staff recommends approval of the request.
Resolution No. R2014-010
L Consider approval of a resolution allowing Mi Casita Mexican Food to be the sole
participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on
May 3, 2014, upon certain conditions; authorizing the City Manager or his designee
to execute an agreement in conformity with this resolution; and providing for an
effective date. The Parks, Recreation and Beautification Board recommends
approval (6-0). Staff recommends approval of the request.
Ordinance No. 2014-093
J. Consider adoption of an ordinance approving a City sponsorship in an amount not to
exceed $123,000 of in-kind services and resources for the Denton Arts and Jazz
Festival to be held in Quakertown Park on April 25 - 27, 2014; and providing an
effective date.
A�roved the noise exce�tion listed below.
K. Consider a request for an exception to the Noise Ordinance for the purpose of
performing music and announcements during the 2014 Relay for Life to be held at
the Guyer High School Football Field located at 7501 Teasley Drive. The Relay will
begin at noon and end at midnight on Saturday, April 12, 2014. The request is for a
variance in decibels, from 70 to 75 decibels and for amplified sound to be extended
from 10 p.m. to midnight. Staff recommends approval of the request.
City of Denton City Council Minutes
April l, 2014
Page 9
Ordinance No. 2014-094
L. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager or his designee to make an offer to purchase and execute a Contract of
Sale, by and between John Powell Walker and Martin A. William (the "Owner")
and the City of Denton regarding the sale by Owner and purchase by the City of a
fee interest in land consisting of 10372 acres, being situated in the M. Forrest
Survey, Abstract No. 417, in the City of Denton, Denton County, Texas, located
generally north of Blagg Road and east of Geesling Road, for the public use of
expansion, construction, maintenance, operation, and improvement of electric
transmission and distribution lines, facilities, and structures, as well as substations
for the purchase price as prescribed in the Contract of Sale; authorizing the City
Manager, or his designee, to make an offer to purchase the property interest from
Owner for such purchase price, and 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. The Public Utilities Board
recommends approval (5-0).
A�roved the minutes listed below.
M. Consider approval of the minutes of: February 3, 2014 February 4, 2014 February
1l, 2014 February 14, 2014
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Resolution No. R2014-011
A. Consider approval of a resolution amending guidelines for public improvement
districts; and providing an effective date.
Aimee Bissett, Director of Economic Development, presented information on both Items A and
B. Scott Wagner, RED Development, thanked Council for consideration of the project and for
support for the PID to assist with the public infrastructure of the project.
Bissett presented background information on the history of the Rayzor Ranch development.
Council would be considering the existing PID guidelines amendments and ordering a public
hearing to consider the creation of Rayzor Ranch Public Improvement District No. 1.
Currently there were two funding options that were allowed. RED Development had
recommended a third financing option of using PID financing for construction financing. The
resolution in Item B accepted the petition and called for the public hearing. That resolution did
not obligate the Council except to hold the public hearing.
A Speaker Card was submitted by David Zoltner who stated that he was opposed to the creation
of the PID District and the associated funding for the PID. He did not feel it was smart public
policy to proceed in this manner.
Council Member King motioned, Mayor Pro Tem Kamp seconded to approve the resolution.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
City of Denton City Council Minutes
April l, 2014
Page 10
Engelbrecht "aye", Council Member Gregory "aye", Council Member King "aye", Council
Member Roden "aye", and Council Member Hawkins "aye". Motion carried unanimously.
Resolution No. R2014-012
B. Consider approval of a resolution of the City Council of the City of Denton, Texas,
accepting for filing a petition for the creation of Rayzor Ranch Public Improvement
District No. l; ordering a public hearing to consider the creation of Rayzor Ranch
Public Improvement District No. l; authorizing and directing the publication and
mailing of notices of the public hearing as required by law; and providing for an
immediate effective date.
Council Member Engelbrecht stated that he would be voting to approve the resolution but with
reservations and would further discuss those reservations at the public hearing.
Mayor Burroughs encouraged staff and the developer to put out information concerning the
development of the PID and its provisions.
Mayor Pro Tem Kamp motioned, Council Member King seconded to approve the resolution. On
roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member King "aye", Council
Member Roden "aye", and Council Member Hawkins "aye". Motion carried unanimously.
Ordinance No. 2014-095
C. Consider adoption of an ordinance of the City of Denton, Texas amending section
28-253 of the Code of Ordinances to provide for the adoption of the 2012
International Energy Conservation Code, as published by the International Code
Council; providing for amendments thereto; providing a penalty for violation of a
fine not to exceed $2,000.00; providing for severability; repealing all ordinances in
conflict therewith; and providing an effective date.
Kurt Hansen, Building Official, presented the history of the code over the years and presented an
energy code comparison with the current regulations, the COG suggestions and the City's
proposal. He presented an equivalent of overage compromise with 4% added with the COG
amendments and the City amendments that would be rolled over from the last code. Staff had
met with the Committee on the Environment and the Committee agreed with the 4%. Staff also
made a presentation to the Health and Building Standards Commission which also agreed with
the provisions. The Commission suggested adopting the 2012 with COG amendments but not the
4% overage - just the Code with COG amendments. The effective date of the ordinance would
be May l, 2014. Staff was also recommending the 4%.
Mayor Burroughs stated that he had received emails today from the Dallas Builders Association
requesting the inclusion of the Green Built Texas Program. He questioned if that had been
considered during the discussions.
Hansen stated that was a voluntary program for builders to qualify for certain levels of green
building. He would suggest holding that program for a later presentation to the Committee on
the Environment and a proposal for future developers.
City of Denton City Council Minutes
April l, 2014
Page 11
Mayor Burroughs suggested that the program could be considered separately from the Code.
Mayor Pro Tem Kamp agreed that the program would be two different tracks; one being a green
building program and one being the energy code.
Council Member Engelbrecht suggested it be separate from the energy code consideration.
Council Member Gregory asked about the Commission recommendation and the rationale for
their recommendation.
Hansen stated that developing bigger homes were harder to reach the energy code much less
surpass the energy code. It also added to the expense of the homes.
Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance as
presented. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council
Member Engelbrecht "aye", Council Member Gregory "aye", Council Member King "aye",
Council Member Roden "aye", and Council Member Hawkins "aye". Motion carried
unanimously.
6. PUBLIC HEARINGS
There were no public hearings for this meeting.
7. CITIZEN REPORTS
There were no citizen reports for this portion of the meeting.
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 taken,
to include: expressions of thanks, congratulations, or condolence; information
regarding holiday schedules; an honorary or salutary recognition of a public official,
public employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing body
that was attended or is scheduled to be attended by a member of the governing body
or an official or employee of the municipality; or an announcement involving an
imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda.
There were no items presented by Council.
City of Denton City Council Minutes
April l, 2014
Page 12
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.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCII, MINUTES
Apri17, 2014
After determining that a quorum was present, the City Council convened in a Joint Meeting with
the Economic Development Partnership Board on Monday, April 7, 2014 at 12:00 noon in the
Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Roden, and Council Member Hawkins.
ABSENT: Council Member King
l. Call to order; announce quorum, introductions.
Mayor Burroughs called the Council meeting to order and announced that a quorum of the
Council was present.
2. Receive a report, hold a discussion, and give staff direction regarding the creation of a
Chapter 380 Program Policy and potential incentive programs.
Aimee Bissett, Director of Economic Development, stated that she would be facilitating
discussion among the members. She handed out a draft policy update of tax abatement and
incentive policy.
Incentive Policy — In addition to tax abatements, the City could provide alternative or additional
incentives to businesses utilizing its authority under Chapter 380 of the Texas Local Government
Code. The City could consider on a case-by-case basis, the use of grants and loans as incentives
to accomplish one or more economic development objectives. Those objectives included (1)
development and diversification of the economy, (2) elimination of unemployment or
underemployment, (3) expansion of transportation or commerce, (4) attraction of major
investment, (5) expansion of primary employment and (6) stimulation of agricultural innovation.
The targeted incentive programs that could be established were presented. Bissett indicated that
there might be times when alternative incentives might be preferable to a tax abatement and in
that situation, the City had the authority to create a custom incentive in order to accomplish
specific economic development goals. Criteria for these specific goals included (1) a certain
number of net new jobs with wages above Denton's median household income, (2) relocation of
a company that promoted the growth of targeted industry clusters that supported Denton's
existing primary employers, (3) incentives for businesses that caused infill redevelopment or
other desirable development objectives, and (4) any other activity which the Council determined
met a specific public purpose for economic development.
Mayor Burroughs asked about the philosophy regarding flexibility on incentives.
Bissett stated that the City had the flexibility and authority for varying incentives. She felt it was
more important to retain current businesses rather than creating new businesses.
Mayor Burroughs asked if there was a situation where an existing business that did not have any
existing incentives wanted to reduce their tax rate to stay in Denton on the threat of leaving.
Bissett stated she did not know of any such situation.
City of Denton City Council Minutes
Apri17, 2014
Page 2
Council Member Gregory stated that it was an interesting situation to face as there might be a
business that had been in Denton for a long time that might ask for a tax break which might
result in other businesses asking for the same kind of tax break He felt that some kind of criteria
for new investment might be needed rather than just having been in Denton for a long while.
Council Member Roden felt it would be good to look what was available in the tool box before a
company was making moves to leave or what was available to support the business.
Board Member Johnson stated it was good to help expand a business because then it was harder
for the business to leave.
Council Member Gregory stated that it would be good to think about pulling in other services the
City provided such as utilities, solid waste, etc. when working on retention.
Bissett continued with incentive policy points dealing with alternative incentives. A question to
consider was where the money would come from. The current policy was performance-based
incentives such as cash resulting from net new revenues such as property tax rebates, sales tax
rebates or economic impact rebates. Others included a TIF or TIRZ that could be used to
accelerate necessary development; potential for self-funding specific initiatives that resulted in
increased property tax revenue; and expiring incentives.
Economic Impact Rebates - the metric for this rebate would be net new jobs created, above
median household income, percentage of employees required to reside in Denton, amount of
income that remained in Denton such as property tax and sales tax, and an economic impact that
could be calculated.
Council Member Gregory asked for a definition of high paying jobs based on the current policy.
Bissett stated that her definition was if it was bringing up the median household income. She
continued with expiring incentives that currently included tax abatements, property tax rebates,
and sale tax rebates. Assumptions for these expiring incentives were to hold over the incentive
amount for two years after expiration or place funds in a cash incentive fund that accumulated
annually. The impact of these assumptions were that there would be no new budget item, a two
year delay on General Fund revenue increases, and would be utilized to increase return on
investment with new projects.
Council Member King joined the meeting.
Council Member Roden asked what a 4A/4B would generate annually.
Bryan Langley, Assistant City Manager, replied about $9 million per year.
Council Member Roden felt that this proposal was a creative method to generate the funds
Council discussed. He asked how the funds would be set aside and what they would be used for.
He felt it was important for the policy to be broad and flexible for future councils to make
decisions.
City of Denton City Council Minutes
Apri17, 2014
Page 3
Specific Economic Development Programs — One such program would involve a recruitment
initiative for the TECH industry. The initiative would involve (1) changing the economic
landscape, (2) provide a low barrier to entry, (3) provide a low cost start-up, high-paying return,
(4) capitalize on University presence, (5) disconnect between available workforce and available
jobs, (6) a distinct advantage of universities, (7) using the fact that Denton County ranked #6
nationally as a"hot spot" for hi-tech, (8) using the fact that Denton was ranked in the Top 10 for
data security, and (9) an emerging industry cluster.
TECH Zone — involved an economic development incentive zone the goal of which was to
attract tech companies to Denton. The typical profile was 5-6 employees, high salaries,
knowledge-based jobs, $1-2 million annual sales volume, rapid growth, and a younger
demographic seeking a specific lifestyle. A TECH Park would require the technology
infrastructure to support tech companies. Public WiFi would require access to fiber and strong
cellular networks. Areas for public WiFi might include the Downtown Square, Hickory Street
Corridor, the Train Station, Quakertown Park, City Hall, the Civic Center and the Senior Center.
ConnetedDenton was a branding and marketing initiative. The philosophy was that Denton
would be the most connected city in the nation within five years. The initiative would attract
investment in technology infrastructure, attract tech companies, and attract venture capital for
start-ups and emerging technology.
The Council and the Board discussed the scenario that once the incentives were started and
Denton was known for those with more companies wanting to locate in Denton, how much
investment would it take for the TECH program.
TECH Incubator — a typical profile for a TECH Incubator was a smaller company with a younger
demographic seeking a certain lifestyle; a central HUB to collaborate and meet; shared
workspace; access to conference rooms and desks; anchor tenants such as growing companies
that needed office space; would graduate into the Tech zone so the incubator would stay in
Denton to grow into a company; and attraction of venture capital for a profile of a successful
entrepreneur.
The Council and Board discussed the possibility of a public/private partnership for the building
across the street for such a TECH incubator or a parking garage. A consideration was one-time
funding needs. The general consensus of the Council and Board was to continue to put together
a proposal.
Mayor Burroughs suggested coordinating with COG for such programs.
Industrial Recruitment was another incentive. A feature of the recruitment could involve an
industry task force in such areas as aviation/aerospace recruitment, Peterbilt supply chain,
renewable/next gen energy recruitment, and OEM recruitment. Other portions of industrial
recruitment included regional strategies, strategic action agendas for the next 2-3 years, and
challenges such as zoning, infrastructure, traffic flow, and incentives.
Board Member Strange felt this was a good way to move ahead and was great thinking out of the
box.
City of Denton City Council Minutes
Apri17, 2014
Page 4
Council Member Gregory felt it was an investment for the future.
Consensus of the Council was to proceed with the proposal and develop details.
3. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City
Council or the public with specific factual information or recitation of policy, or accept a
proposal to place the matter on the agenda for an upcoming meeting AND under Section
551.0415 of the Texas Open Meetings Act, provide reports about items of community
interest regarding which no action will be taken, to include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an honorary or
salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a
social, ceremonial, or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an announcement
involving an imminent threat to the public health and safety of people in the municipality
that has arisen after the posting of the agenda.
There were no items presented.
Following the completion of the Joint Meeting, the City Council was scheduled to convene in a
Closed Meeting to consider the item below.
l. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071;
Deliberations regarding Economic Development Negotiations - Under Texas
Government Code Section 551.087.
l. Receive a report and hold a discussion regarding legal and economic
development issues regarding the creation of a public improvement district
and proposed amendments to the economic development incentive
agreements for the Rayzor Ranch mixed-use development. This discussion
shall include commercial and financial information the City Council has
received from Rayzor Ranch developers which the City Council seeks to have
locate, stay, or expand in or near the territory of the city, and with which the
City Council is conducting economic development negotiations; including the
offer of financial or other incentive where the duty of the attorney to the
governmental body under the Texas Disciplinary Rules 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.
The Council did not consider this item in Closed Session.
With no further business, the meeting was adjourned at 1:15 p.m.
City of Denton City Council Minutes
Apri17, 2014
Page 5
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCII, MINUTES
April 8, 2014
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April 8, 2014 at 3:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member King, Council Member Roden, and Council
Member Hawkins.
ABSENT: None
l. Receive a report, hold a discussion, and give staff direction regarding an application from
the Denton County Historical Commission for the Texas Historical Commission Recorded
Texas Historic Landmark Marker for City Hall West.
Brian Lockley, Director of Planning and Development, presented the details of the item. His
presentation included (1) the effect of historic designation, (2) marketability of City Hall West,
(3) opportunities associated with the Recorded Texas Historic Landmark (RTHL) designation,
(4) partial designation of City Hall West and (5) proposed capital expenditures.
The request for the historical designation was started by a"request for recommendation" from
the Denton County Historical Commission. City Hall West was constructed in 1927 and had
served as Denton's City Hall, a Fire Station, Theater, a Police Department and now housed the
Planning and Development Department. It was designated as a local historic landmark in 1982.
Effects for historic designation if proceed with State designation — a certificate of
appropriateness would involve exterior work only and would also require a building permit. The
Recorded Texas Historic Landmark (RTHL) designation was another process and was subject to
numerous regulations. The owner of a RTHL-designated structure must give the Texas
Historical Commission 60 days notice before any alterations were made to the exterior of the
structure. Interior changes, normal maintenance and in-kind replacement did not require a
review. The Texas Historical Commission (THC) had no review authority over most interior
changes unless the proposed changes had the potential to affect the exterior of the building or
structure. Normal maintenance and interior renovation were permissible and did not require
THC review. Proposed work which would alter historical or architectural integrity of the exterior
did require THC review and permission.
Marketability of CHW - staff reached out to a few developers/investors who noted the
designation would be beneficial; however, the timeframes for approval to make exterior
improvements would be viewed negatively.
Opportunities associated with RTHL designation included (1) recognition that a property was of
local, regional or state significance, (2) protection for up to 90 days from exterior alterations,
including demolition or relocation and (3) eligibility for state preservation grant funds.
Mayor Burroughs asked if work done on the interior had to go through the process.
Lockley stated that interior work did not have to go through the process.
City of Denton City Council Minutes
April 8, 2014
Page 2
State Historic Designation Benefits included (1) inclusion in the Texas Historic Sites Atlas, (2)
technical preservation assistance through the Texas Historic Commission, (3) increased property
value, and (4) promoted tourism.
Partial designation of CHW- CHW had been modified over the years to meet the needs of the
City. The facade on Elm Street had remained intact so consequently staff contacted THC to
determine if a partial designation was an option. Partial designation was not permitted by the
THC but the City could approve a facade easement to protect the front of the building.
Council Member Gregory stated that one proposal was a citywide study of all of city facilities
and determine the needs with growth of staff. He suggested scheduling that first and not do this
part until it was known what to do with all facilities
John Cabrales, Assistant City Manager, stated that there was a proposal in the next bond package
for a needs assessment study for growth. It was not known if the Bond Committee would
recommend that package. Their recommendation would be released sometime in June.
Council Member Roden asked what would be the point of the historical easement as the building
was already protected by the city designation.
Lockley stated nothing as it would be just a duplication of the designation already in place.
Proposed Capital Expenditures — Factors included the age of CHW which required continual
maintenance; Facilities Maintenance had prepared a maintenance program of required capital
and maintenance costs for the next seven years; scheduled improvements included HVAC,
flooring and routine maintenance. The Planning Department had also proposed modifications to
the interior lobby to create a development assistance center to conduct business and a wait area
with kiosk for the public. Total building improvements and modifications would be
approximately $352,155.
Justin Kockritz, Texas Historical Commission, stated that the current legislation for review
required the property owner to notify the THC at least 60 days prior to any exterior work.
During that period the Commission would assess if the renovations would have any effect on the
historical portion of the building. The Commission would be looking at the historical features of
the building and would issue a response back to the property owner within 30 days. If there were
no concerns or comments needed, the last 30 day period could be waived. If the Commission
needed more information it would use all of the extra 30 days. Only in the case of extreme work
or demolitions would the process go to the 90 days.
Council Member Gregory asked what would happen if a building had significant damage due to
a fire or storm and repairs were needed to restore it to the way it was. He questioned what would
be the delay with the THC.
Kockritz stated that the City could take any immediate action needed to protect life and safety
issues. The City would let the Commission know of the problem and they would consult with
the City on long term end results.
Council Member Roden asked about penalties for not following THC procedures.
City of Denton City Council Minutes
April 8, 2014
Page 3
Kockritz stated that the legislation only required notification. If there was no notification to the
Commission a fine would be levied but if the Commission was notified, there would be no fine.
The THC comments were just recommendations and after 60 days an entity could do as it
wished.
Council Member Roden stated that the local designation had more legislation than the THC.
Kockritz stated that the THC was merely recommendations and the Commission could not
approve or deny the renovations. The biggest opportunity of the RHL designation was the
recognition of the property.
Kockritz stated that the State would be starting a state tax credit on business franchise liability
with the THC designation in 2015. Properties in the National Register get a 20% federal income
tax credit. City Hall West was currently not in that designation.
Council Member Hawkins asked how the fine was enforced.
Kockritz stated that he did not know of a fine done in the last several years. The Commission did
not want to go that route if at all possible.
Council Member Gregory felt that the tax credits would enhance the marketability for an outside
developer.
Council Member Roden felt there was some miscommunication to the public regarding the
designation. The historic designation became the method of how to preserve the building. He
questioned that out of all of the properties that had that sort of designation, how many had
private owners.
Kockritz stated that there were 3700 in the state and over half were privately owned. Half were
individual homes with the remainder small commercial buildings.
Council Member Roden stated that the fear was that if the City lost control of the building and it
was in the hands of private citizens, it would be doomed to destruction.
Kockritz stated that depended entirely on whether the building was privately or publicly owned.
It depended on finding the right owner for preservation.
Council Member King questioned if public entities had more flexibility for changing alternations
to building.
Kockritz stated that the Commission looked the same whether a private or public owner. The
review would be the same and would only be looking at exterior changes.
Council Member Engelbrecht felt that the only teeth would be in a local designation.
Kockritz stated that often times the local designation had more teeth than the state designation as
the State did not issue permits or approvals.
City of Denton City Council Minutes
April 8, 2014
Page 4
Council Member Engelbrecht suggested identifying in advance what features could not be
altered.
Kockritz stated that the designation required a good historical narrative of the building and
included photos. Those were what would get the building designated plus the report would
mention portions that were not historical.
Lockley stated that the local designation could define the architectural elements important to
preserve.
Mayor Burroughs stated that the designation was not a regulatory role and was more of a
marketing tool.
Mayor Pro Tem Kamp felt it was positive to have the designation and would have more teeth
than a local designation. Everyone wanted to save the facade of the building but if the City
wanted to own the building, it would have to find the money to do maintenance. But, if the
building was privately owned, a developer could refurbish the interior of the building to make it
useful. She also saw the benefit of someone keeping it historical and loving the building.
Kockritz stated that the City could issue a request for proposal and as an element show that the
company had done historical renovations.
Council Member Hawkins left the meeting.
Beth Stribling, Denton County Historical Chairman, stated that a historical marker was also an
educational tool for the public.
Lockley asked if Council wanted to proceed with historical marker and the developer
negotiations.
Mayor Burroughs suggested a memo to the developer so there would be no misunderstanding on
what was going to be considered. The memo should go out before the next meeting so the
developer could ask questions before the meeting.
Council Member Engelbrecht stated that the elements of the facade that were important and
significant should be discussed with a developer to get a feel on how they saw those features.
Mayor Burroughs felt that was a good point and if that was already defined, it would facilitate
discussion.
Council Member Gregory suggested broadening that discussion to include the current owners,
the public, so that they had a voice in what happened to the building. The Council should listen
to what the public had to say regarding the disposition of the building.
2. 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
City of Denton City Council Minutes
April 8, 2014
Page 5
551.0415 of the Texas Open Meetings Act, provide reports about items of community
interest regarding which no action will be taken, to include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an honorary or
salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a
social, ceremonial, or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an announcement
involving an imminent threat to the public health and safety of people in the municipality
that has arisen after the posting of the agenda.
Council did not have any items.
Following the completion of the 2nd Tuesday Session, the City Council convened in a Closed
Meeting at 4:10 p.m. to consider the specific item listed below under the Closed Meeting section
of this agenda.
l. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
l. Consult with and provide direction to City's attorneys regarding legal issues and
strategies associated with Gas Well Ordinance regulation of gas well drilling and
production within the City Limits and the extraterritorial jurisdiction, including
Constitutional limitations, statutory limitations upon municipal regulatory authority,
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.
The Council returned to the Open Meeting at 5:40 p.m. and reconsidered Item #2.
Council Member Engelbrecht requested a Work Session item regarding Rayzor Ranch at the
same time the PID and 380 agreements were discussed.
With no further business, the meeting was adjourned at 5:41 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCII, MINUTES
April 15, 2014
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April 15, 2014 at 3:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member King, Council Member Roden, and Council
Member Hawkins.
ABSENT: None.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for April 15, 2014
City Manager Campbell stated that Item 4E would be pulled from consideration as there were
questions regarding the grant.
Mayor Burroughs noted that in Item 4C, the third bidder was local and the awarded bidder was
not a local company. He asked about the local preference margin.
Elton Brock, Purchasing Manager, stated that the item was a request for proposal and did not
allow for a local preference which was only for a bidding process.
3. Receive a report, hold a discussion, and give staff direction on the design process for the
proposed convention center and hotel.
Jon Fortune, Assistant City Manager, introduced the item to report on the progress of the
convention center project. The design had been refined since the last meeting. He indicated that
David Hess and Steve Minton were present to provide an update on the design.
Steve Minton and David Hess presented an update on the design project. They reviewed the
details of the site plan which showed that the convention center would be three stories, the hotel
would be eleven stories with first floor having the entrance with a connection to the convention
center. They also reviewed the details of the layout of the hotel rooms and meetings rooms. Hess
presented the details on the elevations of the hotel and convention center.
Council discussed the landscape plan and tree canopy.
4. Receive a funding recommendation report from the Community Development Advisory
Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a
discussion and give staff direction regarding the proposed 2014 Action Plan for Housing
and Community Development.
Barbara Ross, Community Development Manager, presented the introduction for this item. She
thanked both committees for their work with the community.
City of Denton City Council Minutes
April 15, 2014
Page 2
Mary Ann McDuff, Human Services Advisory Committee Chair, presented the funding
recommendations for human services. She reviewed the number of applications received and the
number funded. Two currently funded organizations were not recommended for funding for next
year. The Committee reviewed the submitted applications, each member reviewed the
applications, and a presentation was made by the applicant to the committee. After the review
process, the Committee made recommendations for funding. They used the priority of needs
from the United Way needs assessment.
Council Member Roden stated that the backup referenced the 2010-14 Consolidated Plan and
asked if a new plan was being developed.
Ross stated that the City was required to complete a new plan in 2015 for the next five years.
Council Member Engelbrecht stated that he had reviewed the funding from the 1997-98 budget
year through 2020. Funding did not appear to make it back to where was in 2003 until 2019 and
at the same time CDBG funding was decreasing. Recognizing that, he asked staff and Council to
look at increasing the budget by $5000 for the next three years to get the funding to an
acceptable level.
Larry Varnes, Chair-Community Development Advisory Committee, presented the funding
recommendations for CDBG and Home funds. The Committee had received more requests than
they had funding. There were seven applications received which was a reduced number of
applicants for this year but they represented a true need in the community. Each of the seven
would be receiving funding. Any additional funding received was recommended to be used in
the Home Program.
Mayor Pro Tem Kamp asked if the Serve Denton facility was still owned by Denton Bible.
Varnes stated that they had a 40 year lease on the property with some 10 year extensions. There
may be some legal issues regarding how the leases were written and how that affected the
allocation. If Legal determined that the lease conditions were not appropriate, then the allocated
funds would go back into the fund for next year.
Mayor Burroughs announced that Council would be going into the Closed Meeting to discuss
Items Al and D3 and would then return to consider the remaining Work Session items and
Closed Meeting items.
Council convened in a Closed Meeting at 4:20 p.m. to consider the following:
l. Closed Meeting:
A. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
l. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
City of Denton City Council Minutes
April 15, 2014
Page 3
interests located in the D. Culp Survey, Abstract No. 287, and the J. Coltart
Survey, Abstract No. 288, City of Denton, Denton County, Texas, and
generally located at the intersection of Loop 288 and Kings Row.
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. (69kV Transmission Line
Project Parcel Cl & C2)
D. Consultation with Attorneys - Under Texas Government Code Section 551.071.
3. Consult with and provide direction to City's attorneys regarding legal issues
and strategies associated with Gas Well Ordinance regulation of gas well
drilling and production within the City Limits and the extraterritorial
jurisdiction, including Constitutional limitations, statutory limitations upon
municipal regulatory authority, 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.
Council convened in Open Session at 5:20 p.m. with the Mayor announcing the Council would
be considering the remaining Closed Meeting items. Council returned to the Closed Meeting at
5:21 p.m.
l. Closed Meeting:
A. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
2. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the acquisition of real property interests located
in David Hough Survey, Abstract Number 646, located generally in the 1900
block of South Mayhill Road, 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 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. (Mayhill Road Widening
and Improvements project - Parcel M136 Haggard)
City of Denton City Council Minutes
April 15, 2014
Page 4
B. Certain Public Power Utilities: Competitive Matters - Under Texas Government
Code Section 551.086; and Consultation with Attorneys - Under Texas Government
Code Section 551.071.
l. Receive a briefing and presentation from Denton Municipal Electric
("DME") staff regarding certain public power competitive, financial and
commercial information relating to issues regarding the implementation of
the "Denton Municipal Electric - Energy Risk Management Policy" that
deals with bidding and pricing information as well as contracting
information, for purchased power, generation and fuel; and Electric
Reliability Council of Texas (ERCOT) bids, prices, offers and related
services and strategies, and the terms and authorizations related thereto, as
well as other and further public power information. Consultation with the
City's attorneys regarding legal issues associated with the implementation of
the "Denton Municipal Electric - Energy Risk Management Policy" 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. Discuss, deliberate and provide staff with
direction.
C. Deliberations regarding Personnel Matters - Under Texas Government Code Section
551.074.
l. Deliberate and discuss the appointment and duties of public officers to
boards or commissions exercising discretionary or rule making power as
opposed to purely advisory powers for the Zoning Board of Adjustment.
D. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with the City's attorneys regarding the status and possible resolution
of litigation styled In re: TransData, Inc. Smart Meters Patent Litigation,
Cause No. 5:12-m1-02309-C, currently pending in the United States District
Court for the Western District of Oklahoma, and provide informal direction
as appropriate.
2. Consult with City's attorneys regarding legal issues and legal challenges
arising out of municipal ordinances regulating the operation and location of
credit access businesses, including Denton Ordinance No. 2013-073 and
possible amendments thereto, as well as the status and strategic
considerations associated with litigation pending in the 16th District Court
of Denton County, Texas styled ACE Cash Express v. City of Denton, Cause
No. 2013-10564-16.
Council reconvened in Open Session at 6:10 p.m. and continued the Work Session.
City of Denton City Council Minutes
April 15, 2014
Page 5
6. Receive a report, hold a discussion and provide direction regarding a ban on wireless
communication use while operating a motor vehicle in the City of Denton.
Mark Nelson, Transportation Director, reviewed the history of the ban on wireless
communication use while operating a motor vehicle. The draft ordinance prohibited texting
while driving and provided for the use of handheld devices. It excluded the Interstate from the
regulations. A public information effort would be included to raise the level of consciousness
that texting while driving was not only unsafe but also prohibited. He reviewed the steps in the
education campaign and the bumper sticker that would be used. Consideration of the ordinance
was scheduled for the May 6th agenda with the education campaign starting in July/August.
Mayor Burroughs suggested an alternate bumper sticker that said "I do not text and drive" which
showed more of a commitment.
Council Member Hawkins stated that some local artists had already offered to design some sort
of sticker or decal.
Council Member Gregory stated that he would like to have the Police Department collect data on
this issue and look back in a year to see if the ordinance had created more problems, that it was
working properly or that it would be better to move to a complete ban.
Consensus of the Council was to proceed with the ordinance.
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:
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. Mayor's Day of Concern for the Hungry
Mayor Burroughs presented the proclamation for the Mayor's Day of Concern for the Hungry.
2. National Day of Prayer
Mayor Burroughs presented the proclamation for the National Day of Prayer.
3. Olympian Jordan Malone Day in Denton
City of Denton City Council Minutes
April 15, 2014
Page 6
Mayor Burroughs presented the proclamation for Jordan Malone Day in Denton.
4. Jazz Appreciation Month
Mayor Burroughs presented the proclamation for Jazz Appreciation Month.
5. Meritorious Service Award to Parks Department from the Texas Council on
Family Relations
Mayor Burroughs noted that the Parks Department had been recognized by the Texas Council on
Family Relations for all of the services and programs provided to senior citizens.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
l. Russell Linton regarding Red Light Traffic Cameras.
Mr. Linton spoke regarding red light camera usage in the city of Denton. He felt the program
violated citizen's rights in the name of profit for the city. Many other cities were no longer using
the red light cameras and he asked Denton to do the same.
4. CONSENT AGENDA
Mayor Burroughs stated that Item E would not be considered and was pulled from consideration.
Mayor Pro Tem Kamp motioned, Council Member Hawkins seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item E. On roll call
vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye",
Council Member Gregory "aye", Council Member King "aye", Council Member Roden "aye",
and Council Member Hawkins "aye". Motion carried unanimously.
Ordinance No. 2014-096
A. Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the Wastewater Collection System Improvements around Eagle Drive and
Congress Street Project for the City of Denton Engineering Department; providing for the
expenditure of funds therefor; and providing an effective date (RFP 5472-awarded to
Dickerson Construction Company, Inc. in the not-to-exceed amount of $2,070,842). The
Public Utilities Board recommends approval (5-0).
Ordinance No. 2014-097
B. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing,
and approving the purchase of Temporary Mobile Compressed Natural Gas (CNG) Fueling
Services for the Solid Waste and Recycling Departments, which are available from only one
City of Denton City Council Minutes
April 15, 2014
Page 7
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 5464-awarded to Ultimate CNG, LLC in the three (3) year not-to-exceed
amount of $120,000). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2014-098
C. Consider adoption of an ordinance accepting competitive proposals and awarding a contract
for the purchase of three (3) mid-mount mowers and two (2) wide area mowers for the City
of Denton Parks Department ; providing for the expenditure of funds therefore; and
providing an effective date (RFP 5483-awarded to Ag-Power Inc. in the amount of
$131,070.50).
Ordinance No. 2014-099
D. Consider adoption of an ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and Denton Parks Foundation; authorizing the expenditure of
funds; and providing for an effective date. ($1,350) (Splash Park)
This item was not considered.
E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to make an application with the Texas Auto Burglary and Theft Prevention
Authority for a grant to form a task force to focus on auto theft and auto burglary and take
all other actions necessary to obtain and implement the program; and providing for an
effective date.
Ordinance No. 2014-100
F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to make an application with the Texas Auto Burglary and Theft Prevention
Authority for a grant to continue implementation of the Reduce Auto Theft Texas Program
and take all other actions necessary to obtain and implement the program; and providing for
an effective date.
Ordinance No. 2014-101
G. Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed
$9,500 of in-kind services and resources for the Cinco de Mayo Celebration to be held in
Quakertown Park on May 3, 2014; and providing an effective date.
Ordinance No. 2014-102
H. Consider adoption of an ordinance finding that a public use and necessity exists to acquire
(I) fee simple title to a 10.45 acre tract; (II) an electric utility easement encumbering a 0.802
acre tract, and (III) a temporary construction easement encumbering a 0.521 acre tract; all
said lands located in the D. Culp Survey, Abstract No. 287 and the J. Coltart Survey,
Abstract No. 288, City of Denton, Denton County Texas, as more particularly described on
Exhibits "A", "B", and "C", as attached to the Ordinance and made a part thereof, located
generally at the intersection of Loop 288 and Kings Row (the "Property Interests"), for the
public use of expansion, construction, maintenance, operation, and improvement of electric
transmission and distribution lines, facilities, and structures, as well as sub-stations, (the
City of Denton City Council Minutes
April 15, 2014
Page 8
"Project"); authorizing the City Manager or his designee to make an offer to (1) Brown
Development I, Ltd., a Texas Limited Partnership; Julie Luelle Brown, Successor
Independent Executor of the Estate of Gerald W. Brown, deceased; Julie Luelle Brown,
Trustee of the Julie Luelle Brown Nonexempt Lifetime Trust under the Will of Gerald W.
Brown; Julie Luelle Brown, Trustee of the Julie Luelle Brown Exempt Lifetime Trust under
the Will of Gerald W. Brown; Gerald W. Brown, II, Trustee of the Gerald W. Brown, II
Nonexempt Lifetime Trust under the Will of Gerald W. Brown; Gerald W. Brown, II,
Trustee of the Gerald W. Brown, II, Exempt Lifetime Trust under the Will of Gerald W.
Brown; Jason Edwin Brown, Trustee of the Jason Edwin Brown Nonexempt Lifetime Trust
under the Will of Gerald W. Brown; Jason Edwin Brown, Trustee of the Jason Edwin
Brown Exempt Lifetime Trust under the Will of Gerald W. Brown; Jinger Jeannine Brown,
Trustee of the Jinger Jeannine Brown Nonexempt Lifetime Trust under the Will of Gerald
W. Brown; Jinger Jeannine Brown, Trustee of the Jinger Jeannine Brown Exempt Lifetime
Trust under the Will of Gerald W. Brown; Alicia Margaret Noel Brown, Trustee of the
Alicia Margaret Noel Brown Nonexempt Lifetime Trust; Alicia Margaret Noel Brown,
Trustee of the Alicia Margaret Noel Brown Exempt Lifetime Trust; Connie L. Brown,
Independent Executor of the Estate of Robert M. Brown, deceased; Connie L. Brown,
Trustee of the Robert M. Brown Exempt Family Trust; Connie L. Brown, Trustee of the
Robert M. Brown Nonexempt Family Trust (collectively, 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
Three Hundred Ninety Two Thousand, Nine Hundred Forty Five Dollars and 00/100
($392,945.00), and other consideration, as prescribed in the Contract of Sale (herein so
called), as attached to the Ordinance and made a part thereof as Exhibit "D", authorizing the
expenditure of funds therefore; and providing an effective date. (69kV Transmission Line
Project Parcel Cl & C2)
A�roved the minutes listed below.
L Consider approval of the minutes of: March 3, 2014 March 4, 2014 March 18, 2014
Ordinance No. 2014-103
J. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City
Manager to execute a contract with the Denton Independent School District for the 2014
Summer Food Service Program; authorizing the expenditure of funds to administer the
program; and providing an effective date.
Resolution No. R2014-013
K. Consider approval of a resolution approving the 2013 Tax Increment Reinvestment Zone
Number Two (Westpark TIRZ) Annual Report; and declaring an effective date.
Ordinance No. 2014-104
L. Consider adoption of an ordinance of the City of Denton, Texas, establishing a new
Schedule of Permit Fees for permits issued by the Building Inspector, including, but not
limited to, building permit fees, consumer health permit fees, fence and retaining wall
permit fees, mobile home moving fees, temporary permit fees, and investigation and
administrative fees, superseding prior fee schedules to the extent of conflict, and providing
for an effective date.
City of Denton City Council Minutes
April 15, 2014
Page 9
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2014-105
A. Consider adoption of an ordinance considering all matters incident and related to the
issuance, sale and delivery of up to $94,500,000 in principal amount of "City of
Denton Certificates of Obligation, Series 2014" (including up to $9,276,000 for
General Government activities, up to $8,440,000 for Solid Waste Fund activities, up
to $1,784,000 for Airport Fund activities, and up to $75,000,000 for Electric, Water
and Wastewater Fund activities); authorizing the issuance of the Certificates;
delegating the authority to certain City officials to execute certain documents
relating to the sale of the Certificates; approving and authorizing instruments and
procedures relating to said Certificates; and enacting other provisions relating to the
subj ect.
Chuck Springer, Director of Finance, stated that the ordinance would issue Certificates of
Obligation in the amount of $94.5 million. The bonds were for long term capital projects such as
vehicles. This was a parameters ordinance which gave staff the authority to complete the
transaction within the next six months. The City had received bond ratings of AA+ and AA with
stable ratings.
Council Member Gregory stated that some information had been given out at a candidate forum
that Certificates of Obligation were a form of debt for governing bodies to use in case of an
emergency and asked if that was correct.
Springer stated no that they were used for public works or public improvements such as utility
improvements, airports or solid waste.
Council Member Roden asked for an explanation of the ratings.
Springer stated that ratings were used for the marketing of the bonds. AA+ Was one notch below
the highest of AAA. This was a very strong rating for the city of Denton. The rating agencies
looked at the financial ability of the City to repay the debt.
Council Member Hawkins stated that some items were very large with intergenerational equity.
Springer stated that these were often long term assets such as electric infrastructure.
Intergenerational equity was a term used for paying for the bonds over the life of the asset
instead of paying for all of it up front.
Council Member Gregory stated that another mention at a forum was the amount of the City's
debt at this time. When looking at all of the debt for bonds, the City was at the higher end and he
questioned why the City was at a higher per capita than other cities.
Springer stated that the rating agencies looked at overlapping debt for the tax payer in terms of
debt for the city, the county and the school district. A significant portion of the overlapping debt
was related to the school debt and not as much for the city debt.
City of Denton City Council Minutes
April 15, 2014
Page 10
Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On
roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member King "aye", Council
Member Roden "aye", and Council Member Hawkins "aye". Motion carried unanimously.
Ordinance No. 2014-106
B. Consider adoption of an ordinance considering all matters incident and related to the
issuance, sale and delivery of up to $7,600,000 in principal amount of "City of
Denton General Obligation Refunding and Improvement Bonds, Series 2014";
authorizing the issuance of the Bonds; delegating the authority to certain city
officials to execute certain documents relating to the sale of the Bonds; approving
and authorizing instruments and procedures relating to said Bonds; and enacting
other provisions relating to the subject.
Chuck Springer, Director of Finance, stated that these were refunding bonds in the amount of
$7.65 million with $3.35 million of outstanding debt for savings as a portion of this ordinance.
This ordinance was also a parameters ordinance similar to the first ordinance.
Council Member Gregory motioned, Council Member Hawkins seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member King "aye", Council
Member Roden "aye", and Council Member Hawkins "aye". Motion carried unanimously.
C. Consider nominations/appointments to the City's Boards and Commissions:
l. Public Art Committee
2. Zoning Board of Adjustment
Council Member Gregory nominated Krissi Oden to the Public Art Committee.
Council Member King motioned, Council Member Engelbrecht seconded to approve the
nomination. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council
Member Engelbrecht "aye", Council Member Gregory "aye", Council Member King "aye",
Council Member Roden "aye", and Council Member Hawkins "aye". Motion carried
unanimously.
Ordinance No. 2014-107
D. Consider adoption of an ordinance of the City of Denton, Texas to implement and
enforce the Texas State Rule on locally enforced motor vehicle idling limitations
and to approve entering into a memorandum of agreement with the Texas
Commission on Environmental Quality to enforce this rule locally; providing an
effective date.
Katherine Barnett-White, Sustainability and Special Projects Administrator, presented the details
regarding the proposed ordinance. This anti-idling ordinance would apply to trucks with some
exemptions such as sleeper berth, buses, armored vehicles, and certified clean idle engines. Staff
City of Denton City Council Minutes
April 15, 2014
Page 11
recommended looking at existing conditions, beginning an education and outreach program and
revisiting the ordinance after a year to see how it was doing.
Mayor Burroughs asked if grants were still given for sleeper locations and outreach to potential
sites to apply for those grants.
Barnett-White stated that grants were still available and an outreach would be beneficial.
Mayor Pro Tem Kamp motioned, Council Member Roden seconded to adopt the ordinance. On
roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member King "aye", Council
Member Roden "aye", and Council Member Hawkins "aye". Motion carried unanimously.
6. PUBLIC HEARINGS
Ordinance No. 2014-108
A. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, adopting Standards of Care for Youth/Teen Programs administered by
Denton's Parks and Recreation Department pursuant to Texas Human Resources
Code Section 42.041 (b)(14); and providing an effective date. The Parks, Recreation
and Beautification Board recommends approval (6-0).
Kathy Schaeffer, Athletics/YTS Program Area Manager, stated that each year the standards of
care had to be approved after a public hearing. There were no changes from last year.
The Mayor opened the public hearing
No one spoke during the public hearing.
The Mayor closed public hearing
Council Member Engelbrecht motioned, Council Member Hawkins seconded to adopt the
ordinance. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council
Member Engelbrecht "aye", Council Member Gregory "aye", Council Member King "aye",
Council Member Roden "aye", and Council Member Hawkins "aye". Motion carried
unanimously.
B. Hold a public hearing inviting citizens to comment on the City of Denton's 2014
Action Plan for Housing and Community Development.
Barbara Ross, Community Development Manager, stated that this was an opportunity for
individuals or organizations to comment on the draft action plan with the recommendations
presented by the Human Services Advisory Committee and the Community Development
Advisory Committee.
The Mayor opened the public hearing.
City of Denton City Council Minutes
April 15, 2014
Page 12
No one spoke during the public hearing.
The Mayor closed the public hearing.
No action was needed on this item
Ordinance No. 2014-109
C. Hold a public hearing and consider adoption of an ordinance amending the Water
Conservation Plan and the Drought Contingency Plan of the City of Denton, Texas
previously adopted by the City Council in ordinance No. 2009-134 enacted on the
2nd day of June, 2009 regarding only Sections 6.6 and 6.7 thereof; and as
previously adopted by the Council in ordinance No. 2012-064 enacted on the 6th
day of March, 2012; amending the drought and emergency response stages of the
Water Conservation Plan and the Drought Contingency Plan; amending the
enforcement provisions of mandatory restrictions of the Water Conservation Plan
and the Drought Contingency Plan; providing for the stages of enforcement for
violators of the Water Conservation Plan and the Drought Contingency Plan;
providing for rates to be charged for water usage in the water conservation plan and
the drought contingency plan in the event of high usage; providing for
administrative fees to be charged to violators for certain violations of the drought
contingency plan; providing a criminal penalty not to exceed $2,000 per violation of
the drought contingency plan; providing a civil penalty not to exceed $1,000 per day
per violation of the drought contingency plan; providing civil legal remedies for the
City of Denton, Texas; providing a savings clause; providing a severability clause;
and providing an effective date.
Tim Fisher, Water Division Manager, presented the details on the proposal. The City was
required by state law to update the plan every five years. Staff took the updated plan to the
Public Utilities Board and presented it to Council at a Work Session. The proposed ordinance
and plan were consistent with what was presented before.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member King "aye", Council
Member Roden "aye", and Council Member Hawkins "aye". Motion carried unanimously.
D. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, regarding a Specific Use Permit to allow a multifamily housing development
on approximately 4.13 acres of land, generally located on the west side of East
Sherman Drive, west of the intersection of East Sherman Drive and Linwood Drive.
The subject property is located within a Neighborhood Residential Mixed Use
City of Denton City Council Minutes
April 15, 2014
Page 13
(NRMU) zoning district and land use designation. The Planning and Zoning
Commission recommends denial (6-0). (513-0011, University North) A
supermajority vote by Council is required for approval.
Brian Lockley, Director of Planning and Development, presented the details on the item. This
was a request for a specific use permit for the development of University North Apartments. A
supermajority vote of Council was required as the Planning and Zoning Commission had
recommended denial of the proposal. The location of the property, zoning map, project
specifics, and results of the neighborhood meetings were reviewed. The Denton Development
Code zoning information was also presented along with the future land use for the area, the
approval criteria, site plan, site photos, and public notifications. The Planning and Zoning
Commission had recommended denial as did the Development Review Committee. During the
Planning and Zoning Commission meeting, it was indicated that the purpose for the multi-family
development was for TWU student housing. However, the Director of Housing indicated that
there was adequate housing for TWU at this time.
Mayor Pro Tem Kamp asked about neighborhood meetings.
Lockley stated that there were about 25 people in attendance who were opposed to the
development in terms of traffic, the scope and scale of the proposal and the number of units.
Council Member Roden stated that TWU was putting students in hotels and felt that there was a
housing shortage.
Council Member Roden asked what the hope of the neighborhood was for development in the
area.
Lockley stated that ideally they would like some type of mixed use or light retail office use to
serve the immediate neighborhood.
Council Member Roden asked if apartments could be part of that mixed use.
Lockley stated yes but there were many issues associated with multi-family but that it could be
integrated into a neighborhood.
Council Member Roden stated that there was a gas station north of the property and asked if that
was an allowed use.
Lockley replied correct.
Council Member Hawkins stated that he had also talked with the Director of Housing who
indicated that currently the housing was adequate but in the future there might not be.
Council Member King stated that there had only been a convenience and grocery store in the
area but they were now closed. The economy did not mean that commercial would be supported
in the area.
City of Denton City Council Minutes
April 15, 2014
Page 14
Lockley stated that was correct and that there were a number of factors that went into that
zoning.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Jan Hughes, 1600 Panther Lane, College Station, - favor
Deb Conte, 2106 N. Bell, Denton, 76209 — opposed
Don Hammons, 6005 Terravista Drive, Austin, 78735 — in favor
Mac Jones, 5946 Cape Coral, Austin, 78746 — favor
Council Member Gregory stated that one of the neighborhood concerns was the scope and scale
of the project and asked why there were so many units proposed.
Jones stated that 250 bedrooms was not a large project. The original scope of the project had to
be scaled back because of the setbacks in front and back of the property. That reduced the
number of units that could be done and in order to get the density and make the project feasible,
the project had to go up in height. Jones stated that they had done business in Denton before and
wanted to build here again. They had spent time and money to get to this point.
Robert Langford, 516 Sunrise Cove, Denton, 76209 — opposed
Mayor Burroughs asked Mr. Langford what would be reasonable uses for the property.
Langford stated that much of his opposition was about the height of the proposal.
Judi Norman, 512 Sunrise Cove, Denton, 767209 — opposed
Angela Stripling, 1815 N. Bell, Denton, 76209 — opposed
Pat Reed, 2414 Northwood, Denton, 76209 — opposed
Patty Belcher, 815 Linwood, Denton, 76209 — opposed
J Aaron Cundall, 423 E. Sherman, Denton 76209 — opposed
Julie Buchanan, 700 Linwood, Denton, 76209 — opposed
Robert Killam, 910 Edgewood, Denton, 76209 — opposed
Robert Schloss, 616 Linwood, Denton, 76209 — opposed
Glenn Hass, 2218 Fowler, Denton - opposed
Council Member Roden stated that the petition Mr. Hass presented to Council asked for green
space in the area. He questioned if the ultimate goal was green space or something else.
Hass stated that in his opinion, it could be combined green space such as a park or a splash park
or a medical park for the surrounding neighborhood.
Bilal Almadhoun, 514 Sunrise Cove, Denton, 76209 — opposed
David Woodling, 629 Linwood, Denton, 76209- opposed
Martha Gracey, 629 Linwood, Denton, 76209- opposed
Ryan Davenport, 1920 North Lake Trail, Denton, 762021- favor
Lori Adams, 800 Sherman, Denton, 76209 — opposed
City of Denton City Council Minutes
April 15, 2014
Page 15
The applicant was allowed a five minute rebuttaL Ms. Hughes stated that she and her siblings
had pursued the kinds of small shops the residents wanted but they could not get anyone to
purchase the property.
Comment cards were submitted by:
Kim Hoggard, 703 Linwood, Denton, 76209 — opposed
Doug Hoggard, 703 Linwood, Denton, 76209 — opposed
Larry Beck, 915 Sherman, Denton, 76209 — opposed
Chuck Buchanan, 700 Linwood, Denton, 76209 — opposed
Ernie Stripling, 1815 N. Bell, Denton, 76209 — opposed
The Mayor closed the public hearing.
Council commented on how difficult the decision was for them to make due to the amount of
vacant buildings in the area, understood the desire to keep it green and the property owner trying
to sell the property for years.
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to deny the proposal. On
roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Roden "aye", and Council
Member Hawkins "aye". Council Member King "nay". Motion carried with a 6-1 vote.
7. CITIZEN REPORTS
There were no citizen reports for this section of the agenda.
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 taken,
to include: expressions of thanks, congratulations, or condolence; information
regarding holiday schedules; an honorary or salutary recognition of a public official,
public employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing body
that was attended or is scheduled to be attended by a member of the governing body
or an official or employee of the municipality; or an announcement involving an
imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda.
Council Member Engelbrecht asked for a report on the citizen report by Mr. Linton.
City of Denton City Council Minutes
April 15, 2014
Page 16
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.
Mayor Burroughs announced that the Council would be returning to the Work Session Room to
consider the item not completed before the start of the regular meeting.
5. Receive a report, hold a discussion and give staff direction on the creation of a City Council
Committee to explore policies and vision for historic preservation, and possible revisions to
the Denton Development Code and the Denton Code of Ordinances.
Brian Lockley, Director of Planning and Development, reviewed the development of the Historic
Landmark Commission, the composition of the Commission and the enabling language for the
Commission. The Commission would like to expand their role to review of properties on the
Downtown Square. This area was a national registry of historic places and not a local
designation. The Commission was working on a proposal for a downtown historic overlay
district and alternative energy sources in the historic district. Currently there were inadequate
design guidelines for solar panels in historically designated areas and on historic structures.
Staff was requesting direction from Council.
Council Member Roden stated that he had talked with the Commission and a goal was to take the
current guidelines and bring them up to date. They would also like to raise issues directly to
Council. There was a concern that the right tools were in place which resulted in some
frustrations on some of the issues. The Commission's initial concern was how it would be
approached or if the Council would take over their duties. He felt the goal was to work with the
ultimate policy makers if making changes in the future. Volunteers and/or stakeholders should
be included.
Mayor Burroughs suggested getting a wide range of stakeholders involved. A historic nature of a
building did not always trump the circumstances. Not every building that was old was historic
and not every historic building was valuable. There needed to be sensitivity in this area with
other points of view considered as well.
Mayor Pro Tem Kamp stated that she wanted to emphasize what was going on in the historical
district and deal with various issues that have come up. She agreed that more stakeholders
needed to be involved and Council also needed to be more involved. She also agreed with the
Mayor that there was a need for more opinions rather than less and to be proactive in terms of
what might need to be saved.
Mayor Burroughs stated that by having the Council committee look at areas to help the
Commission, areas could be identified with distinctions unique to each area.
Council Member Engelbrecht suggested forming the committee after the election.
Council Member Hawkins asked if the committee would be helping the Commission with
permitting issues.
City of Denton City Council Minutes
April 15, 2014
Page 17
Council Member Roden suggested looking to the Commission for agenda topics and identifying
higher level policies and issues. The committee would be structured as an ad hoc committee and
not a standing committee. The committee could be created in June when Council looked at the
other Council committees.
With no further business, the meeting was adjourned at 9:55 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCII, MINUTES
Apri122, 2014
After determining in Open Session that a quorum was present, the City Council convened in a
Special Called Closed Meeting on Tuesday, April 22, 2014 at 4:00 p.m. in the City Council
Work Session Room at City Hall, 215 E. McKinney Street, Denton.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member King, Council Member Roden, and Council
Member Hawkins.
ABSENT: None.
l. Closed Meeting
A. Consultation with Attorneys — Under Texas Government Code Section 551.071.
l. Consult with and provide direction to City's attorneys regarding legal
issues and strategies associated with Gas Well Ordinance regulation of gas
well drilling and production within the City Limits and the extraterritorial
jurisdiction, including Constitutional limitahons, statutory limitations
upon municipal regulatory authority, 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.
Following the completion of the Closed Meeting, the Council returned to Open Session and with
no further business, the meeting was adjourned.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
Materials Management
Bryan Langley ���
Questions concerning this
acquisition may be directed
to Jim Coulter at 349-7194
Consider adoption of an ordinance accepting competitive proposals and awarding a contract for
Pavement Markings for the City of Denton; providing for the expenditure of funds therefor; and
providing an effective date (RFP 5435-awarded to Stripe-A-Zone, Inc. in the three (3) year not-
to-exceed amount of $1,250,000).
RFP INFORMATION
This service is used to provide pavement markings for the motoring public and increase public
safety on our streets and school zones. RFP #5435 consists of the labor, material, and supervision
necessary to complete installations of pavement markings under the direction of the City of
Denton Traffic Operations Department. The RFP also covers all administrative and insurance
costs incurred by the contractor. This agreement will not guarantee any minimum amounts of
pavement markings and will be used on an as needed basis.
Requests for Proposals were sent to sixteen (16) suppliers. In addition, specifications were
placed on the Materials Management website for prospective suppliers to download and
advertised in the local newspaper. Two (2) proposals were received, evaluated and ranked based
upon the published criteria shown on Exhibit l. The proposer's original pricing is shown on
Exhibit 2. Therefore, based on the evaluation criteria, Stripe-A-Zone, Inc. received the highest
evaluated score and was determined to be the best value for the City. Staff is not aware of any
local vendors that provide this service.
RECOMMENDATION
Award to Stripe-A-Zone, Inc. in the three (3) year not-to-exceed amount of $1,250,000.
Although this service is primarily used by the Traffic and Streets Departments, this amount
includes a contingency for other City department needs as well.
PRINCIPAL PLACE OF BUSINESS
Stripe-A-Zone, Inc.
Grand Prairie, TX
Agenda Information Sheet
May 6, 2014
Page 2
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) year contract with options to extend the contract for two (2) additional
one (1) year periods, with all terms and conditions remaining the same.
FISCAL INFORMATION
The pavement markings will be will be funded from the appropriate department account at the
time the installation occurs.
EXHIBITS
Exhibit 1: Evaluation/Ranking sheet
Exhibit 2: Pricing Tabulation
Exhibit 3: Contract
Exhibit 4: Ordinance
Respectfully submitted:
C.���� ��
-+�,c�e.�,
Chuck Springer, 349-8260
Director of Finance
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EXHIBIT 3
� ' • : 1 :
! � I � � . � �
. � , ,. ,
THIS CONTRACT is made and entered into this day of A.D., 2014,
by and between Stripe-A-Zone, Inc. a corporation, whose address is 2714 West Sherman St.,
Grand Prairie, TX 75051, hereinafter referred to as "Contractor," and the CITY OF DENTON,
TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective
upon approval of the Denton City Council and subsequent execution of this Contract by the
Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
� � ', ' � .
Supplier shall provide products and/or services in accordance with the City's document
RFP #5435 — Pavement Markings, a copy of which is on file at the office of Purchasing Agent
and incorporated herein for all purposes. The Contract consists of this written agreement and the
following items which are attached hereto and incorporated herein by reference:
(a) Request for Proposal (on File at the Office of the Purchasing Agent);
(b) City of Denton Standard Terms and Conditions (Exhibit "A99)9
(c) Insurance Requirements (Exhibit 66('�99)9
..
(d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "D");
(e) Contractor's Proposal. (Exhibit "E");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to the written agreement then to the contract documents in the order in which
they are listed above. These documents shall be referred to collectively as "Contract
Documents."
RFP# 5435
EXHIBIT 3
IN WITNESS i�HEREOF, the parti�s af �rese �
th.e year and day first above wri�ten.
A'I"TEST:
JENNIFER ViiALTERS, CITI� SECRETAR'Y
�.
APPRQVED AS T� LEGAL F�RM:
A�]ITA SLTRGESS, CIT3� ATTQRNEY
i
RFP# 5435
a
i,�.
I�a�e exeCUted �is �.�emerlt in
AUTH4R�EI�
l�ate:
��
Natme: �.¢vl� ��2G�z.� T_..
T����: � .� �r~�r �r�s��•��-r
���'��� �., ��.�---�- .�.._
PHQNE NUM�3ER
da. v� S ���-..c�.?a�i 2'. Cc�.�°�'t�
EMAiL DAESS
CI'1"ir UF DEN7E'ON, TE�AS
��
GEORGE C. CAMPSELL, CITY MANAGEA
Date:
EXHIBIT 3
Exhibit A
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City's solicitation are applicable to Contracts/Purchase
Orders issued by the City hereinafter referred to as the City or Buyer and the Seller herein after
referred to as the Bidder, Contractor or Supplier. Any deviations must be in writing and signed
by a representative of the City's Procurement Department and the Supplier. No Terms and
Conditions contained in the Sellers Solicitation Response, Invoice or Statement shall serve to
modify the terms set forth herein. If there is a conflict between the provisions on the face of the
Contract/Purchase Order these written provisions will take precedence.
By submitting an Offer in response to the Solicitation, the Contractor agrees that the Contract
shall be governed by the following terms and conditions, unless exceptions are duly noted and
fully negotiated.
l. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract
shall be effective as of the date the contract is signed by the City, and shall continue in effect
until all obligations are performed in accordance with the Contract.
3. INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a
separate invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
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 charges, if any, shall be listed separately. A copy of the bill of lading and the
freight waybill, when applicable, shall be attached to the invoice. The Contractor's name,
remittance address and, if applicable, the tax identification number on the invoice must exactly
match the information in the Vendor's registration with the City. Unless otherwise instructed in
writing, the City may rely on the remittance address specified on the Contractor's invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
RFP# 5435
3
EXHIBIT 3
4. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid
within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being
received in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or
the maximum lawful rate; except, if payment is not timely made for a reason for which the
City may withhold payment hereunder, interest shall not accrue until ten (10) calendar
days after the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City's agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor's obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with
all required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded Contractor who is in arrears to the City for delinquent
taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding.
The City's payment obligations are payable only and solely from funds Appropriated and
available for this contract. The absence of Appropriated or other lawfully available funds shall
render the Contract null and void to the extent funds are not Appropriated or available and any
deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the
Contractor written notice of the failure of the City to make an adequate Appropriation for any
fscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to
an amount insufficient to permit the City to pay its obligations under the Contract. In the event of
none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to
the City.
5. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms.
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6. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE
Compliance Report to the Purchasing Manager no later than the 15th calendar day after
completion of all work under the contract. Final payment, retainage, or both may be withheld if
the Contractor is not in compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after fnal inspection, (3) arising from failure of the Contractor to comply with the Contract or
the terms of any warranty specified herein, (4) arising from the Contractor's continuing
obligations under the Contract, including but not limited to indemnity and warranty obligations,
or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor
against the City other than those previously asserted in writing and not yet settled.
7. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in
progress or audit findings are yet unresolved, in which case records shall be kept until all audit
tasks are completed and resolved. These books, records, documents and other evidence shall be
available, within ten (10) business days of written request. Further, the Contractor shall also
require all Subcontractors, material suppliers, and other payees to retain all books, records,
documents and other evidence pertaining to the Contract, and to allow the City similar access to
those documents. All books and records will be made available within a 50 mile radius of the
City of Denton. The cost of the audit will be borne by the City unless the audit reveals an
overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of
the audit, including any travel costs, must be borne by the Contractor which must be payable
within five (5) business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed
to include drafts and electronic files, even if such drafts or electronic files are subsequently used
to generate or prepare a final printed document.
8. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the
Contractor shall comply with all requirements approved by the City. The Contractor shall not
initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor
shall not substitute any Subcontractor identified in the Plan, unless the substitute has been
accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute
a waiver of any rights or remedies of the City with respect to defective deliverables provided by
a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a
monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later
than the tenth calendar day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor.
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The terms of the subcontract may not conflict with the terms of the Contract, and shall contain
provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require 5ubcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on
the part of the City to pay or to see to the payment of any moneys due any such Subcontractor
except as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
9. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently
without consultation, communication, or agreement for the purpose of restricting competition, as
to any matter relating to such fees with any other Contractor or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
10. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and
workmanlike manner in accordance with generally accepted industry standards and practices, the
terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws,
rules or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
additional performance shall be borne by the Contractor. The City shall endeavor to give the
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Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
of the breach warranty, but failure to give timely notice shall not impair the City's rights under
this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as required by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
11. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall
pay all claims, costs, losses and damages attributable to the City's evaluation of and
determination to accept such defective or non-conforming deliverables. If any such acceptance
occurs prior to final payment, the City may deduct such amounts as are necessary to compensate
the City for the diminished value of the defective or non-conforming deliverables. If the
acceptance occurs after final payment, such amount will be refunded to the City by the
Contractor.
12. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party's intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time
specified after demand is made, the demanding party may treat this failure as an anticipatory
repudiation of the Contract.
13. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation
or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by
the City as a result of the issuance of such Stop Work Notice.
14. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails
to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails
to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or
seeks relief under the bankruptcy laws of the United States or (d) makes a material
misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted
by the Contractor to the City.
15. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor's default, including,
without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and
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post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City's vendor list for three (3) years
and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All
rights and remedies under the Contract are cumulative and are not exclusive of any other right or
remedy provided by law.
16. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further
work pursuant to the Contract, with such exceptions, if any, specified in the notice of
termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise
legally available for such purposes, for all goods delivered and services performed and
obligations incurred prior to the date of termination in accordance with the terms hereof.
17. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or
deliverable required to be submitted by the Contractor to the City shall be grounds for the
termination of the Contract for cause by the City and may result in legal action.
18. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor
if the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations
under this Contract if, while and to the extent such default or delay is caused by acts of God, fire,
riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond
the reasonable control of such Party. In the event of default or delay in contract performance due
to any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of
such failure to perform.
19. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution
mechanism, including attorney and other professional fees for: (1) damage to or loss of
the property of any person (including, but not limited to the City, the Contractor, their
respective agents, officers, employees and subcontractors; the officers, agents, and
employees of such subcontractors; and third parties); and/or (2) death, bodily injury,
illness, disease, worker's compensation, loss of services, or loss of income or wages to
any person (including but not limited to the agents, officers and employees of the City,
the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include
the sale of defective or non-conforming deliverables, negligence, willful misconduct or a
breach of any legally imposed strict liability standard.
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B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDE1Vi1rA�'Yy E�1rD rloLL THl`. �.1TYy HTS SV�.I_.ES.�oR�7y ASSiVl\Sy oFFl�.l'.RSy
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
TIIL` l.ol\ 11\L-1CTO1�1�.7 tiGL` L\ H Sy L` 1VHi LOYEES oH6 S V DCOl\ 11\L-1l. 1 ol�Sy Al\ 1 IIL`
PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
20. INSURANCE: The following insurance requirements are applicable, in addition to the
specific insurance requirements detailed in EXHIBIT C The successful Contractor shall procure
and maintain insurance of the types and in the minimum amounts acceptable to the City. The
insurance shall be written by a company licensed to do business in the State of Texas and
satisfactory to the City.
A. General Requirements:
i. The Contractor shall at a minimum cany insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over
periods, and during any warranty period.
ii. The Contractor shall provide Certiiicates of Insurance with the coverage's and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification
from consideration for award. The Contractor must also forward a Certificate of
Insurance to the City whenever a previously identified policy period has expired, or an
extension option or hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City
shall not relieve or decrease the liability of the Contractor hereunder and shall not be
construed to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the project.
v. The Contractor's and all subcontractors' insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers' compensation coverage written by the Texas Workers'
Compensation Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton
Materials Management Department
901 B Texas Street
Denton, Texas 76209
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EXHIBIT 3
vii. The "other" insurance clause shall not apply to the City where the City is an
additional insured shown on any policy. It is intended that policies required in the
Contract, covering both the City and the Contractor, shall be considered primary
coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the
Contractor shall carry Umbrella or Excess Liability Insurance for any differences in
amounts specified. If Excess Liability Insurance is provided, it shall follow the form of
the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make
any reasonable requests for deletion or revision or modification of particular policy
terms, conditions, limitations, or exclusions except where policy provisions are
established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance
coverage, limits, and exclusions when deemed necessary and prudent by the City based
upon changes in statutory law, court decisions, the claims history of the industry or
iinancial condition of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certifcate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage's indicated within the Contract.
xiv. The insurance coverage's specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
21. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse affect on the
Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the
City shall state the date of notification of any 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
whom such claim is being asserted. Such notice shall be delivered personally or by mail and
shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney
shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201.
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22. NOTICES: Unless otherwise specified, all notices, requests, or other communications
required or appropriate to be given under the Contract shall be in writing and shall be deemed
delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or
Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed
delivered upon receipt by the addressee. Routine communications may be made by first class
mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to
the address specified in the Contractor's Offer, or at such other address as a party may notify the
other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton,
Texas 76209 and marked to the attention of the Purchasing Manager.
23. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public
Information Act, Chapter 552, and Texas Government Code.
24. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys
and other professionals) arising out of or resulting from: (i) any claim that the City's exercise
anywhere in the world of the rights associated with the City's' ownership, and if applicable,
license rights, and its use of the deliverables infringes the intellectual property rights of any third
party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated
in this Contract. In the event of any such claim, the City shall have the right to monitor such
claim or at its option engage its own separate counsel to act as co-counsel on the City's behalf.
Further, Contractor agrees that the City's specifications regarding the deliverables shall in no
way diminish Contractor's warranties or obligations under this paragraph and the City makes no
warranty that the production, development, or delivery of such deliverables will not impact such
warranties of Contractor.
25. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City's and/or its licensors' confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential)
(collectively, "Confidential Information"). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential
Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or
otherwise use the Confidential Information without the prior written consent of the City or in a
manner not expressly permitted under this Agreement, unless the Confidential Information is
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EXHIBIT 3
required to be disclosed by law or an order of any court or other governmental authority with
proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such
information so as to permit the City reasonable time to seek an appropriate protective order. The
Contractor agrees to use protective measures no less stringent than the Contractor uses within its
own business to protect its own most valuable information, which protective measures shall
under all circumstances be at least reasonable measures to ensure the continued confidentiality of
the Confidential Information.
26. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor
agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire
right, title, and interest to specific inventions under such patentable subject matter to the City and
to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by
the Contractor for the City and the City shall own all copyrights in and to such deliverables,
provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint
ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such
deliverables. Should by operation of law, such deliverables not be considered works made-for-
hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees
providing services to the City hereunder to execute, acknowledge, and deliver an assignment to
the City o� all worldwide right, title, and interest in and to such deliverables. With respect to
such work made-for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause
each of its employees providing services to the City hereunder to execute, acknowledge, and
deliver a work-made-for-hire agreement, in a form to be reasonably approved by the City, to the
City upon delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration
and/or protection, letters patent, or any similar rights in any and all countries and in order to
assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right,
title, and interest in and to the deliverables. The Contractor's obligations to execute,
acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or
papers such as those described in this Paragraph 38 a., b., and c. shall continue after the
termination of this Contract with respect to such deliverables. In the event the City should not
seek to obtain copyright protection, mask work registration or patent protection for any of the
deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as
Confidential Information under the terms of Paragraph 37 above.
27. PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
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28. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
29. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business. For breach or violation of this warranty, the City shall have the
right, in addition to any other remedy available, to cancel the Contract without liability and to
deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such
commission, percentage, brokerage or contingent fee.
30. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract
without liability if it is determined by the City that gratuities were offered or given by the
Contractor or any agent or representative of the Contractor to any officer or employee of the City
with a view toward securing the Contract or securing favorable treatment with respect to the
awarding or amending or� the making of any determinations with respect to the performing of
such contract. In the event the Contract is canceled by the City pursuant to this provision, the
City shall be entitled, in addition to any other rights and remedies, to recover or withhold the
amount of the cost incurred by the Contractor in providing such gratuities.
31. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any
willful violation of this section shall constitute impropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of
Interest Questionnaire (Exhibit D).
32. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City, Texas for the
purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. The City shall not have supervision and control
of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor
shall perform the services hereunder according to the attached specifications at the general direction
of the City Manager of the City, Texas, or his designee under this agreement.
33. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
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34. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in
whole or in part by a waiver or renunciation of the claim or right unless the waiver or
renunciation is supported by consideration and is in writing signed by the aggrieved party. No
waiver by either the Contractor or the City of any one or more events of default by the other
party shall operate as, or be construed to be, a permanent waiver of any rights or obligations
under the Contract, or an express or implied acceptance of any other existing or future default or
defaults, whether of a similar or different character.
35. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
36. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the
parties or course of performance or usage of the trade shall be relevant to supplement or explain
any term used in the Contract. Although the Contract may have been substantially drafted by one
party, it is the intent of the parties that all provisions be construed in a manner to be fair to both
parties, reading no provisions more strictly against one party or the other. Whenever a term
defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the
Contract, the UCC definition shall control, unless otherwise defined in the Contract.
37. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the
filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either
party may make a written request for a meeting between representatives of each party within
fourteen (14) calendar days after receipt of the request or such later period as agreed by the
parties. Each party shall include, at a minimum, one (1) senior level individual with decision-
making authority regarding the dispute. The purpose of this and any subsequent meeting is to
attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days
after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they
will proceed directly to mediation as described below. Negotiation may be waived by a written
agreement signed by both parties, in which event the parties may proceed directly to mediation
as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the
negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in
mediation skills to assist with resolution of the dispute. Should they choose this option; the City
and the Contractor agree to act in good faith in the selection of the mediator and to give
consideration to qualified individuals nominated to act as mediator. Nothing in the Contract
prevents the parties from relying on the skills of a person who is trained in the subject matter of
the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within
thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by
the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to
participate in mediation in good faith for up to thirty (30) calendar days from the date of the first
mediation session. The City and the Contractor will share the mediator's fees equally and the
parties will bear their own costs of participation such as fees for any consultants or attorneys they
may utilize to represent them or otherwise assist them in the mediation.
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38. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as
adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that
would refer to and apply the substantive law of another state or jurisdiction. All issues arising
from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree
to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not
be construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
39. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the
Contract shall in no way affect the validity or enforceability of any other portion or provision of
the Contract. Any void provision shall be deemed severed from the Contract and the balance of
the Contract shall be construed and enforced as if the Contract did not contain the particular
portion or provision held to be void. The parties further agree to reform the Contract to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Contract from
being void should a provision which is the essence of the Contract be determined to be void.
40. HOLIDAYS: The following holidays are observed by the City:
New Year's Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year's Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal
Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of
operation shall be between 8:00 am and 5:00 pm, Monday through Friday, excluding City of
Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of
operation must be approved by the City Manager of Denton, Texas or his authorized designee.
41. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the
Contract.
42. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City is prohibited from contracting with or making prime or sub-awards to parties that are
suspended or debarred or whose principals are suspended or debarred from Federal, State, or
City Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its
principals are not currently suspended or debarred from doing business with the Federal
Government, as indicated by the General Services Administration List of Parties Excluded from
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Federal Procurement and Non-Procurement Programs, the State of Texas, or the City.
43. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability,
creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as
deiined in the ADA.
44. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable, in addition to the specific federally
funded requirements.
A. Deiinitions. As used in this paragraph
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition,
plus allocable overhead costs, but excluding profit. Cost of components does not include any
costs associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality 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 District of Columbia, and outlying areas.
B. The Buy 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 City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit
documentation with their Offer demonstrating that the article is on an approved Governmental
list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
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45. RIGHT TO INFORMATION: The City reserves the right to use any and all information
presented in any response to this solicitation, whether amended or not, except as prohibited by
law. Selection of rejection of the submittal does not affect this right.
46. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
47. PREVAILING WAGE RATES: All respondents will be required to comply with Provision
5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment
of prevailing wage rates and prohibiting discrimination in the employment practices.
http://www.access. gpo. �ov/davisbacon/tx.html
48. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The
Respondent must comply with all applicable laws at all times, including, without limitation, the
following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas
Penal Code, which prohibits the offering or conferring of benefits to public servants. The
Respondent shall give all notices and comply with all laws and regulations applicable to
furnishing and performance of the Contract.
49. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate
on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section
530 of the Revenue Act of of 1978, dealing with issuance of Form W-2's to common law
employees. Respondent is responsible for both federal and State unemployment insurance
coverage and standard Worker's Compensation insurance coverage. Respondent shall ensure
compliance with all federal and State tax laws and withholding requirements. The City shall not
be liable to Respondent or its employees for any Unemployment or Workers' Compensation
coverage, or federal or State withholding requirements. Contractor shall indemnify the City and
shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this
Section.
50. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C.
701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may
hereafter be issued.
51. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property
and equipment caused by the Respondent and its employees, agents, subcontractors, and
suppliers, including any delivery or cartage company, in connection with any performance
pursuant to the Contract. The Respondent shall notify the City Procurement Manager in writing
of any such damage within one (1) calendar day.
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52. FORCE MAJEURE: The City, any Customer, and the Respondent shall not be responsible
for performance under the Contract should it be prevented from performance by an act of war,
order of legal authority, act of God, or other unavoidable cause not attributable to the fault or
negligence of the City. In the event of an occurrence under this Section, the Respondent will be
excused from any further performance or observance of the requirements so affected for as long
as such circumstances prevail and the Respondent continues to use commercially reasonable
efforts to recommence performance or observance whenever and to whatever extent possible
without delay. The Respondent shall immediately notify the City Procurement Manager by
telephone (to be confirmed in writing within five (5) calendar days of the inception of such
occurrence) and describe at a reasonable level of detail the circumstances causing the non-
performance or delay in performance.
53. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed
as a waiver of any continuing or succeeding breach.
54. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no
provision of the Contract is in any way intended to constitute a waiver by the City of any
immunities from suit or from liability that the City may have by operation of law.
55. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years
after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all
audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant
access to all books, records and documents pertinent to the Contract to the CPA, the State
Auditor of Texas, and any federal governmental entity that has authority to review records due to
federal funds being spent under the Contract.
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Exhibit B
Special Terms and Conditions
Total _C_ontract Amount
The contract total for services shall not exceed $1,250,000 Pricing shall be per Exhibit E
attached.
Contract Terms
The contract term will be three (3) years, effective from date of award or notice to proceed as
determined by the City of Denton Purchasing Department.
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
The City will implement an escalation/de-escalation price adjustment quarterly. Prices must be
firm for a period of one year from date of contract award. After the first year, adjustments to unit
prices may be proposed at the start of any project in accordance with the indices and methods
that follow in this section. Any request for price adjustment must be based on the, 1) U.S.
Energy Information Administration (EIA) prior 52 week average for Midwest (PADD 2) for
retail diesel (on-highway) — all types 2) U.S Department of Labor, Bureau of Labor Statistics,
Employment Cost Index (ECI) for Total Compensation, Private Industry Construction Workers
(CIU2012300000000A) as found at ([�it�://www,l�is. r, c^�rv�. The price will be increased or
decreased based upon the annual percentage change in the ECI and/or diesel average. The
escalation will be determined annually at the renewal date. Should the ECI and/or diesel average
change exceed a minimum threshold value of +/-1%, then the stated eligible prices shall be
adjusted in accordance with the ECI and/or diesel change. The supplier should provide
documentation as percentage of each cost associated with the unit prices quoted for
consideration.
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Exhibit C
INSURANCE REQUIREMENTS AND
WORKERS' COMPENSENTATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations,
which the successfu/ contractor shall have a duty to mainfain throughout fhe course of this
contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilifies of ihe Contractor, fhe
Contractor shall provide and maintain until fhe confracted work has been completed and
accepted by fhe City of Denton, Owner, the minimum insurance coverage as indicated
hereinafter.
Confractor shall file with the Purchasing Department satisfacfory certificafes ot
insurance including any applicable addendum or endorsements, containing the confract
number and fitle of the project. Contractor may, upon wriifen request fo the
Purchasing Department, ask for clarification of any insurance requirements at any time;
however, Contracfor shall not commence any work or deliver any material until he or she
receives notification that the confract has been accepted, approved, and signed by the
City of Denton.
All insurance policies proposed or obfained in satisfa�ction of these requirements shall
comply with fhe following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of fhe Contract, or longer, if so
noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
� That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
Cancellation: City requires 30 day written noiice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
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• Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double
the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the durafion of the Contracf,
or longer, if so noted:
[X] A. General Liability Insuranco:
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General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
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• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than 500 000 either in a single policy or in a combination
of basic and umbrella or excess policies. The policy will include bodily injury and
property damage liability arising out of the operation, maintenance and use of all
automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned hired and non-owned autos.
Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a$500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation
Commission (TWCC).
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
$500,000.00 combined bodily injury and property damage per occurrence with a
$1,000,000.00 aggregate.
Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building. Limits of not
less than each occurrence are required.
Professional Liability Insurance
Professional liability insurance with limits not
respect to negligent acts, errors or omissions in
required under this Agreement.
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:ss than $1,000,000.00 per claim with
connection with professional services is
EXHIBIT 3
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery
inside/outside the premises, burglary of the premises, and employee fidelity. The
employee fidelity portion of this coverage should be written on a"blanket" basis to cover
all employees, including new hires. This type insurance should be required if the
contractor has access to City funds. Limits of not less than $ each
occurrence are required,
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts
and specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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EXHIBIT 3
ATTACHMENT 1
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, 11NCC-83, or TWCC-84), showing
statutory workers' compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the
project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services
on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior to
the end of the coverage period, file a new certificate of coverage with the
governmental entity showing that coverage has been extended.
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E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
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EXHIBIT 3
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on
the project; and
b. a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of
any change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) -(7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare
the contract void if the contractor does not remedy the breach within ten
days after receipt of notice of breach from the governmental entity.
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Exhibit D
_
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE
USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
person who has a business relationship as defined by Section 176.001(1-a) with a local governmental oate Received
entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
� Name of person who has a business relationship with local governmental entity.
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2
� Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7`h business day after the date the originally filed questionnaire becomes incomplete or
i naccurate. )
3
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach
additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than
investment income, from the filer of the questionnaire?
� Yes � I No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from
or at the direction of the local government officer named in this section AND the taxable income is not received
from the local governmental entity?
I J Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the
local government officer serves as an officer or director, or holds an ownership of 10 percent or more?
� Yes � No
D. Describe each affiliation or business relationship.
4 N.........
_. . . .............,
Signature of person doing business with the governmental Date
entity
. , , , ,; ,
27
EXHIBIT 3
EXHIBI7 E
RFP 5435 Tabulation Sheet for Pavement Marking Installation
__
_
Respondent's Name: STRIPE-A-ZONE, INC.
'Principal Place of Business Grand Prairie, TX
.
Est. Mn
Item acy. UOM Tvpe of Service Reauested Unit Price Total Price
1 10,000 LF REFLECTIVE PAVEMENT MARKING TYPE I W BRK 4" 90 MIL $ 0.68 $ 6,800.00
2 2,500 ' LF 'REFLECTIVE PAVEMENT MARKING TYPE I W BRK 6" 90 MIL $ 0.78 $ 1,950.00
3 3,200 LF REFLECTIVE PAVEMENT MARKING TYPE I W BRK 8" 90 MIL 5 1.90 5 6,080.00 !
_ _
4 350 LF REFLECTIVE PAVEMENT MARKING TYPE I W BRK 12" 90 MIL $ 3.20 '$ 1,120,00
5 450 LF REFLECTIVE PAVEMENT MARKING TYPE I W BRK 24" 90 MIL $ 6.15 $ 2,767.50
6' 18,000 LF REFLECTIVE PAVEMENT MARKING TYPE I W SLD 4" 90 MIL 5 0.68 '$ 12,240.00
7 20,000 LF REFLECTIVE PAVEMENT MARKING TYPE I W SLD 6" 90 MIL $ 0.78 $ 15,600.00
8 3,500 LF REFLECTIVE PAVEMENT MARKING TYPE I W SLD 8" 90 MIL $ 1.90 $ 6,650.00
' 9 250 LF REFLECTIVE PAVEMENT MARKING TYPE I W SLD 12" 90 MIL '$ 3.20 $ 800.00
10 1,250 LF '',REFLECTIVE PAVEMENT MARKING TYPE I W SLD 24" 90 MIL $ 6.15 $ 7,687.50
' 11 12,000 LF REFLECTIVE PAVEMENT MARKING TYPE I Y BRK 4" 90 MIL $ 0.68 $ 8,160.00
12 300 ' LF REFLECTIVE PAVEMENT MARKING TYPE I Y BRK 12" 90 MIL i$ 3.20 $ 960.00
13 ' 400 '' LF REFLECTIVE PAVEMENT MARKING TYPE I Y BRK 24" 90 MIL $ 6.15 $ 2,460.00
14 4,500 LF REFLECTIVE PAVEMENT MARKING TYPE I Y SLD 4" 90 MIL S 0.68 S 3,060.00
- -- _
15 45,000 LF REFLECTIVE PAVEMENT MARKING TYPE I Y DOUBLE SLD 4" 90 MIL $ 1.56 $ 70,200.00 '
16 250 LF REFLECTIVE PAVEMENT MARKING TYPE I Y SLD 12" 90 MIL $ 3.20 '$ 800.00
17 300 LF REFLECTIVE PAVEMENT MARKING TYPE I Y SLD 24" 90 MIL $ 6.15 $ 1,845.00
18 300 LF REFLECTIVE PAVEMENT MARKING TYPE I BLUE SLD 4" 90 MIL $ 2.00 $ 600.00
19 15,d00 LF REFLECTIVE PAVEMENT MARKING TYPE II W BRK 4" S 0.37 5 5,550.00
' 20 6,500 LF REFLECTIVE PAVEMENT MARKING TYPE II W BRK 6" $ 0.44 5 2,860.00
21 2,500 LF REFLECTIVE PAVEMENT MARKING TYPE II W BRK 8" 5 0.85 5 2,125.00
22 250 LF REFLECTIVE PAVEMENT MARKING TYPE II W BRK 12" $ 1.15 $ 287.50
23 250 LF jREFLECTIVE PAVEMENT MARKING TYPE II W BRK 24" $ 2.78 $ 695.00
24 25,000 ' LF REFLECTIVE PAVEMENT MARKING TYPE II W SLD 4" S 0.37 $ 9,250.00
25 18,000 LF REFLECTIVE PAVEMENT MARKING TYPE II W SLD 6" $ 0.44 $ 7,920.00
_ .
26 2,000 LF REFLECTIVE PAVEMENT MARKING TYPE II W SLD 8" $ 0.85 $ 1,700.00
27 250 LF REFLECTIVE PAVEMENT MARKING TYPE II W SLD 12" $ 1.15 $ 287.50
' 28 1,000 LF REFLECTIVE PAVEMENT MARKING TYPE II W SLD 24° $ 2.78 $ 2,780.00
29 ' 6,500 LF REFLECTIVE PAVEMENT MARKING TYPE II Y BRK 4" $ 0.37 $ 2,405.00
30 '' 250 LF REFLECTIVE PAVEMENT MARKING TYPE II Y BRK 12" $ 1.15 $ 287.50
31 250 LF REFLECTIVE PAVEMENT MARKING TYPE II Y BRK 24" $ 2.78 $ 695.00
32 30,000' LF REFLECTIVE PAVEMENT MARKING TYPE II Y SLD 4" '$ 0.37 5 11,100.00
_
33 500 LF REFLECTIVE PAVEMENT MARKING TYPE II Y SLD 12" '$ 1.15 $ 575.00
' 34 1200 LF REFLECTIVE PAVEMENT MARKING TYPE II Y SLD 24" '$ 2.78 $ 3,336.00
' 35 250 LF REFLECTIVE PAVEMENT MARKING TYPE II BLUE SLD 4" $ 1.56 $ 390.00
36 50,000 LF 4" REMOVAL $ 0.40 $ 20,000.00
37 80,000 LF 4" PREP $ 0.20 $ 16,000.00
38 50,000 LF 4" SEALER $ 0.15 $ 7,500.00
39 20,000 LF 4" DOUBLE SLD REMOVAL $ 0.79 5 15,800.00
_
40 35,000 LF 4" DOUBLE SLD PREP S 0.33 $ 11,550.00
41 20,000' LF 4" DOUBLE SLD SEALER $ 0.33 5 6,600.00
28
EXHIBIT 3
EXHIBIT E
RFP 5435 Tabulation Sheet for Pavement Marking Installation
_ _ -
Respondent's Name: STRIPE-A-ZONE, INC.
Principal Place of Business Grand Prairie, TX
Est. Mn
Item '' w�v. UOM Tvpe of Service Requested Unit Price Total Price
- _
42 ' 7,500 LF 6" REMOVAL $ 0.19 $ 1,425.00
43 30,000 LF 6" PREP '$ 0.19 $ 5,700.00
__ _
' 44 30,000 LF 6" SEALER ' S 0.22 $ 6,600.00
45 7,500 LF 8" REMOVAL '$ 0.28 $ 2,100.00
46 15,000 ' LF 8" PREP $ 0.28 $ 4,200.00
-
47 6,500 LF 8" SEALER $ 0.28 $ 1,820.00
48 3,500 LF 12" REMOVAL $ 0.88 $ 3,080.00
49 3,500 LF 12" PREP S 0.88 $ 3,080.00
50 3,500 LF 12" SEALER $ 0.88 $ 3,080.00 '
51 4,000 LF 24" REMOVE $ 1.20 $ 4,800.Od
52 6,000 LF 24" PREP $ 1.20 $ 7,200.00
53 3,000 LF 24" SEALER $ 1.20 $ 3,600.00
54 50 EA YIELD LINE 16"X24" REFLECTIVE PAVEMENT MARKING TYPE I W 90 MIL $ 18.00 '$ 900.00
55 20 EA 'YIELD LINE 16"X24" TRIANGLE REMOVAL $ 11.00 '$ 220.00
56 ' 50 EA 'YIELD LINE 16"X24" TRIANGLE PREP $ 4.00 '$ 200.00
57 25 EA YIELD LINE 16"X24" TRIANGLE SEALER $ 4.00 $ 100.00
_ --
58 5 EA SYMBOL, 6' PREFORM STRAIGHT ARROW WHITE LARGE INSTALL 90 MIL $ 245.00 ', $ 1,225.00
._.___
59 3 I EA SYMBOL, 6'PREFORM STRAIGHT ARROW REMOVE $ 245.00 $ 735.00
60 5 EA SYMBOL, 6' PREFORM STRAIGHT ARROW PREP S 40.00 $ 200.00
' 61 3 EA SYMBOL, 6' PREFORM STRAIGHT ARROW SEALER $ 40.00 $ 120.00
' 62 ' 5 EA SYMBOL. 5'6" PREFORM TURN ARROW WHITE LARGE INSTALL 90 MIL 5 245.00 S 1,225.00
63 2 ' EA SYMBOL, 5'6" PREFORM TURN ARROW REMOVE $ 40.00 $ 80.00
64 5 EA SYMBOL, 5'6" PREFORM TURN ARROW PREP $ 40.00 $ 200.00
65 3 EA 'SYMBOL, 5'6" PREFORM TURN ARROW SEALER 5 40.00 S 120A0
_
66 3 EA 'SYMBOL, 8'PREFORM STRAIGHTARROW WHITE LARGE INSTALL 90 MIL $ 270.00 $ 810.00
67 2 EA SYMBOL, 8'PREFORM STRAIGHTARROW REMOVE $ 40.00 $ 80.00
68 3 EA SYMBOL, 8' PREFORM STRAIGHT ARROW PREP '$ 40.00 $ 120.00
69 2 EA SYMBOL, 8' PREFORM STRAIGHT ARROW SEALER '$ 40.00 $ 50.00
70 3 EA SYMBOL, 8' PREFORM TURN ARROW WHITE LARGE INSTALL 90 MIL '$ 270.00 $ 810.00
71 2 EA SYMBOL, 8' PREFORM TURN ARROW REMOVE '$ 40.00 S 80.00
72 3 EA ,SYMBOL, 8' PREFORM TURN ARROW PREP $ 40.00 $ 120.00
� 73 2 EA 'SYMBOL, 8' PREFORM TURN ARROW SEALER S 40.00 5 80.00
___ _
74 3 EA SYMBOL, 9'6" PREFORM STRAIGHT ARROW INSTALL 90 MIL $ 270.00 $ 810.00
' 75 2 EA SYMBOL, 9'6" PREFORM STRAIGHTARROW REMOVE $ 40.00 $ 80.00
76 3 ' EA SYMBOL, 9'6" PREFORM STRAIGHT ARROW PREP 5 40.00 $ 120.00
77 2 EA SYMBOL, 9'6" PREFORM STRAIGHT ARROW SEALER $ 40,00 $ 80.00
78 2 EA SYMBO.L, 12' PREFORM STRAIGHT ARROW INSTALL 90 MIL $ 270.00 $ 540.00
79 ' 1 EA SYMBOL, 12' PREFORM STRAIGHT ARROW REMOVE $ 40.00 $ 40.00
. _--
� 80 2 EA SYMBOL, 12' PREFORM STRAIGHT ARROW PREP $ 40.00 $ 80.00
81 1 EA SYMBOL, 12' PREFORM STRAIGHT ARROW SEALER $ 40.00 $ 40.00
82 5 EA SYMBOL, 13' PREFORM COMBO ARROW INSTALL 90 MIL '$ 320.00 $ 1,600.00
`�
EXHIBIT 3
EXHIBIT E
RFP 5435 Tabulation Sheet for Pavement Marking Installation
Respondent's Name: STRIPE-A-ZONE, INC.
Principal Place of Business Grand Prairie, TX
. __
Est. Ann
, Item aty. UOM Tvpe of Service Requested Unit Price Total Price '
' 83 3 EA SYMBOL, 13' PREFORM COMBO ARROW REMOVE 5 40,00 ,$ 120.00 '
84 5 EA 'SYMBOL, 13' PREFORM COMBO ARROW PREP $ 40.00 $ 200.00 '
85 5 ' EA SYMBOL, 13' PREFORM COMBO ARROW SEALER $ 40,00 $ 200.00
_ _
86 ' 4 EA PREFORM HANDICAP KIT WHITE ON BLUE 40"X40" 90 MIL $ 185.00 $ 740.00 '
. _
87 4 EA PREFORM HANDICAP KIT WHITE ON BLUE 40"X40" REMOVAL $ 40.00 $ 160.00 '
88 4 EA PREFORM HANDICAP KIT WHITE ON BLUE 40"X40" PREP $ 40.00 ,$ 160.00 '
8g 4 EA PREFORM HANDICAP KIT WHITE ON BLUE 40"X40" SEALER $ 40.00 $ 160.00 '
90 2 EA ',"ONLY" WORD 8' PREFORM INSTALL 90 MIL $ 190.00 $ 380.00 '
91 ' 1 EA "ONLY" WORD 8' REMOVE '$ 40.00 $ 40.00
92 2 EA "ONLY" WORD 8' PREP ' S 40.00 $ 80.00
93 1 ' EA "ONLY" WORD 8' SEALER $ 40.00 $ 40.00 I
94 2 EA "STOP" WORD 8' PREFORM INSTALL 90 MIL $ 190.00 S 380.00
95 1 EA "STOP" WORD 8' REMOVE $ 40.00 $ 40.00
96 2 EA "STOP" WORD 8' PREP $ 40.00 $ 80.00 '
' 97 1 EA "STOP" WORD 8' SEALER $ 40.00 $ 40.00
98 ' 2 EA "AHEAD" WORD 8' PREFORM INSTALL 90 MIL $ 220.00 $ 440.00
gg 1 EA "AHEAD" WORD 8' REMOVE $ 40.00 5 40.00
100 2 EA ''"AHEAD" WORD 8' PREP $ 40.00 $ 80.00
101 1 ' EA "AHEAD" WORD 8' SEALER $ 40.00 $ 40.00
_..� __m.,m�.. ___ ° �.� _.
102 2 EA '"YIELD" WORD 8' PREFORM INSTALL 90 MIL $ 220.00 $ 440.00 'i
� 103 1 EA "YIELD" WORD 8' REMOVE $ 40.00 $ 40.00
_
' 104 2 EA "YIELD" WORD $' PREP $ 40.00 $ 80.00 I
105 1 EA "YIELD" WORb 8' SEALER $ 40.00 $ 40.00
_ ._
106 2 EA SYMBOL, 4' PREFORM BICYCLE RIDER INSTALL 90 MIL $ 100.00 S 200.00
107 1 ' EA 'SYMBOL, 4' PREFORM BICYCLE RIDER REMOVE $ 40.00 $ 40.00
108 2 EA 'SYMBOL, 4' PREFORM BICYCLE RIDER PREP $ 40.00 $ 80.00
. _
' 109 1 EA SYMBOL, 4' PREFORM BICYCLE RIDER SEALER S 40.00 $ 40.00
' 110 2 EA SYMBOL, 6' PREFORM BICYCLE RIDER INSTALL 90 MIL $ 100.00 $ 200.00
112 ' 1 EA SYMBOL, 6' PREFORM BICYCLE RIDER REMOVE $ 40,00 $ 40.00 '
112 2 EA SYMBOL, 6' PREFORM BICYCLE RIDER PREP S 40.00 $ 80.00 '
113 1 ' EA SYMBOL, 6' PREFORM BICYCLE RIDER SEALER '$ 40.00 $ 40.00
114 2 EA 'SYMBOL "RXR KIT 6'-16"X20' PREFORM INSTALL 90 MIL '$ 378.00 $ 756.00
115 1 EA 'SYMBOL "RXR KIT 6'-16"X20' REMOVE '$ 90.00 $ 90.00
116 2 EA SYMBOL "RXR KIT 6'-16"X20' PREP $ 90.00 $ 180.00
_ . _ _
117 1 EA SYMBOL "RXR KIT 6'-16"X20' SEALER 5 90.00 $ 90.00
118 1,200 EA RPM - A/A TYPE II INSTALL CONCRETE $ 5.00 $ 6,000.00
a 19 1;200 ' EA RPM - A/A TYPE II INSTALL ASPHALT S 5.00 $ 5,000.00
120 1,000 EA 'RPM - C/R TYPE II INSTALL CONCRETE $ 5.00 $ 5,000.00
121 1,000 EA RPM - C/R TYPE II INSTALL ASPHALT $ 5.00 $ 5,000.00
122 10 EA RPM - B/B TYPE II INSTALL CONCRETE $ 20.00 $ 200.00
123 10 EA RPM - B/B TYPE II INSTALL ASPHALT $ 20.00 $ 200.00
Ki�
EXHIBIT 3
EXHIBIT E
RFP 5435 Tabulation Sheet for Pavement Marking Installation
__
Respondent's Name: STRIPE-A-ZONE, INC.
Principal Place of Business Grand Prefrie, TX
' Est. Ann
Item q►y. UOM Type of Service Requested Unit Price Total Price
124 ' 10,000 EA RPM REMOVAL 5 0.40 $ 4,000.00
—
125 1 ' EA 'WORD-3 NUMBER/LETTERS 8' THERMOPLASTIC INSTALL 90 MIL $ 200.00 $ z00.00
— _
126 ' 1 EA WORD-3 NUMBER/LETTERS 8' THERMOPLASTIC REMOVE S 40.00 S 40.00
_
i27 1 EA WORD-3 NUMBER/LETTERS 8' THERMOPLASTIC SEALER $ 40.00 '$ 40.00
128 1 EA WORD-3 NUMBER/LETTERS 8' THERMOPLASTIC PREP $ 40.00 $ 40.00 ''
129 1 EA WORD-4 NUMBER/LETTERS 8' THERMOPLASTIC INSTALL 90 MIL $ 220.00 5 220.00 '
130 1 EA WORD-4 NUMBER/LETTERS 8' THERMOPLASTIC REMOVE '$ 40.00 $ 40.00
131 1 EA WORD-4 NUMBER/LETTERS 8' THERMOPLASTIC SEALER '$ 40.00 $ 40.00
132 1 EA WORD-4 NUMBER/LETTERS 8 THERMOPLASTIC PREP $ 40.00 $ 40.00
133 56,125 LF REFLECTIVE PAVEMENT MARKING TYPE II RED SLD 6" CURB $ 0.28 $ 15,715.00
134 18,000 LF TAXIWAY MARKING YELLOW REFLECTIVE 6" S 0.82 $ 14,760.00
.
135 3,400 LF TAXIWAY MARKING YELLOW REFLECTIVE 12" $ 1.z0 $ 4,080.00
. . _ __ .. . _
136 2,000 LF TAXIWAY MARKING BLACK NON-REFLECTIVE 6" $ 0.82 $ 1,640.00
137 2,000 LF TAXIWAY MARKING BLACK NON-REFLECTIVE 12" S 1.20 '$ 2,400.00
ESTIMATED TOTAL CONTRACT VALUE PER YEAR $ 408,564.50
K�il
o�nvANCE No.
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARD�NG A
CONTRACT FOR PAVEMENT MARKINGS FOR THE CITY OF DENTON; PROVIDING FOR
THE EXPENDITURE OF Fi TNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE (RFP
5435-AWARDED T4 STRIPE-A-ZONE, IlVC. IN THE THREE {3) YEAR NOT-TO-EXCEED
AMOUNT OF $1,250,000).
WHEREAS, the City has solicited, received and evaluated competitive ,sealed proposals for
pavement marking for the City of Dentan in accordance w�ith the procedures of State law and Ciry
ordinances; and
WHEREAS, the City Manager or a designated employee has received and revi�wed and
recoznnnended that the herein described proposals are the most advantageous ta the City considering
the relative importance of price and ihe other evaluation factors included in the request for proposals;
and
WHEREAS, the Ci�y Council has provided in the City Budgei for the appropriation of fiuids
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL 4F THE CITY O�' DENTON HEREBY ORDAINS:
SECTION 1. The items in the follo�ng numbered request for praposal far matez�als,
equipment, sup�Iies 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 rr�ost advantageous to the City
cansidering the relative iznportance of price and the other evaluation factors includ�d in the request
fox pxoposais.
R�'P
NUMBER CONTRACTOR AMOUNT
5435 Strxpe-A-Zone, Inc. $1,250,000
SECTION 2. By the acceptance and approval of the above numbered iteans af the submitted
proposals, the City accepts the offer of the persons subrnitting the praposals �ox such iterris and
agrees ta purchase the materials, equipment, supplies or services in accordance vvi�h the terms,
specifications, stat�dards, quanti�ies and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the Ciiy and person subinitting approved atad accepted items and af the
submitted proposals wish ta enter into a formal written agreement as a result of the acceptance,
appxoval, and awarding nf the pxoposals, the City Manager or his designated representative is hereby
authorized to execute the written coniract; provided that tl�e wz-itten contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified �utns 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 ta take any actions that may be required or permitted to be performed by the City of Dentoz�
�nder the RFP 5435 to the City Manager of the City of Denton, Texas, or his designee.
SECTION S. By the acceptance and approval of the above enumerated bids, the City Council
hereby autharizes the expend'zture of fiu�ds therefor in the amount and i� accordance with the
approved bids.
SECTION 6. This ordinazace shall become effective imrriediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
MARK A. BURR4UGHS, MAY�R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:•
APPROVED AS TO LEGAL FORM:
ANITA BURGE5S, CITY ATTORNEY
BY:
Agenda Information Sheet
DATE: May 6, 2014
DEPARTMENT: Electric
CM/ ACM: Howard Martin, 349-8232 ����..
SUBJECT
Consider adoption of a resolution relating to increasing the Texas Municipal Power Agency
Commercial Paper Credit Facility and providing for approval of the City thereto; providing an
effective date.
BACKGROUND
The increase to the number of transmission related projects that TMPA originally envisioned,
necessitates an increase to its Commercial Paper Program. The Commercial Paper Program is
used as short-term funding for TMPA Capital Transmission related projects. The Program is
authorized for $255 Million, however, the current Letter of Credit (LOC) with Barclay's
provides for only $100 Million and will renew in April 2016. For the full approval of the
Program, all four member cities of TMPA must approve the Resolution.
OPTIONS
l. Recommend approval of the adoption of the Resolution relating to increasing the TMPA
Commercial Paper Credit Facility.
2. Do not recommend approval of the adoption of the Resolution relating to increasing the
TMPA Commercial Paper Credit Facility and provide staff with further direction.
RECOMMENDATION
DME staff recommends approval of the adoption of the Resolution relating to increasing the
TMPA Commercial Paper Credit Facility.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
There has been no prior action regarding this item.
EXHIBITS
l. TMPA Resolution
Respectfully submitted:
� ,. # �
C Y .�I
Phil Williams
General Manager
Denton Municipal Electric
Prepared by:
���
Lisa A. Lemons
Special Programs Manager
Denton Municipal Electric
EXHIBIT 1
RESOLUTION NO. R2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
RELATING TO INCREASING THE TEXAS MUNICIPAL POWER AGENCY
COMMERCIAL PAPER CREDIT FACII,ITY CAPACITY AND PROVIDING THE
APPROVAL OF THE CITY THERETO; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Municipal Power Agency (the "Agency") has heretofore been
created and established as a municipal power agency by the cities of Bryan, Denton, Garland,
and Greenville, Texas (the "Member Cities"); and
WHEREAS, the Agency has represented to the Member Cities as follows:
A) (i) the Agency has issued and has outstanding commercial paper notes styled as
the "Texas Municipal Power Agency Commercial Paper Notes, Series 2005;"
(ii) such notes have been issued under a commercial paper program established by
the Agency (the "CP Program");
(ii) liquidity for the CP Program is provided through a bank credit facility issued
for a three year term on April 19, 2013 (the "2013 Bank Facility") by Barclays Bank PLC
(`Barclays"); and
(iv) the 2013 Bank Facility currently accommodates the issuance of notes under
the CP Program for payment of principal of notes issued thereunder of up to
$100,000,000 and $4,931,507 for the payment of interest relating thereto;
B) the Board of Directors of the Agency (the `Board") has approved new investment in
capital facilities, including, particularly in transmission facilities, by the Agency in an
amount that exceeds the current capacity of the CP Program (the "New Capital
Investment");
C) the Agency requires sufficient credit facility capacity for its CP Program to fund the
New Capital Investment and to fund other lawful purposes of the Agency;
D) the Agency intends to increase the credit facility capacity for the CP Program that is
provided by the 2013 Bank Facility to cover outstanding notes and costs of the New
Capital Investment and for other purposes of the Agency, so that the principal for notes
issued under the CP Program from time to time (including notes currently outstanding)
during the remaining term of the 2013 Bank Facility will include coverage for notes of up
to $125,000,000 in principal amount plus associated interest coverage for such amount;
E) Barclays has indicated to the Agency that it is willing to increase the capacity under
the 2013 Bank Facility to an amount described in D, above, and, upon receipt of the
approvals of the Member Cities given in accordance with the Global Settlement
Agreement, as described below and provided for herein, the Agency intends to pursue
such an increase in such capacity provided by the 2013 Bank Facility with Barclays;
F) No note issued under the CP Program may mature later than September l, 2018, and
the increase in 2013 Bank Facility capacity for the CP Program provided for hereby will
not extend the term of the CP Program; and
G) Consistent with the Global Settlement Agreement, TMPA plans to pay off, on or
before September l, 2018, (i) all generation related debt (including principal and interest)
and (ii) the transmission related debt (including principal and interest) associated with the
return on investment on deferred assets as authorized in PUC Docket 21711, and,
pursuant to the Transmission Financing Program, and without extending the term of the
Power Sales Contract, refinance the remaining transmission system principal beyond
September l, 2018.
WHEREAS, in accordance with Section 2(B)(9) of that certain Global Compromise and
Settlement Agreement among the Agency and the Member Cities, which has an effective date of
December 17, 2009 (the "Global Settlement Agreement"), the Agency and the Member Cities
have agreed that, except for the issuance by the Agency of debt pursuant to the Transmission
Financing Program (as defined by the Global Settlement Agreement), the Agency may incur debt
obligations only with the approval of the governing body of each City, and provided that the
maturity date of such debt does not extend beyond September l, 2018; and
WHEREAS, the City Council (the "Governing Body") of the City of Denton, Texas
deems it appropriate to approve an increase in the principal and interest coverage provided by the
2013 Bank Facility to accommodate the issuance of commercial paper notes under the Agency
CP Program to a total principal amount of $125,000,000 plus interest thereon for Agency
purposes.
THE CITY COUNCII, OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION l. For all purposes of the Global Settlement Agreement, the Governing Body
hereby approves an increase in the credit facility capacity for the CP Program provided that: (i)
the capacity as provided by the 2013 Bank Facility or any future replacement liquidity facility
that may be implemented in replacement for, or upon the expiration of, the 2013 Bank Facility
shall not provide coverage in excess $125,000,000 in principal amount of notes issued
thereunder, plus interest on said notes; (ii) the Agency shall not have notes outstanding under the
CP Program at any time exceeding $125,000,000 in principal amount; and (iii) such notes shall
mature on one or more dates, but no note so issued may mature later than September l, 2018.
SECTION 2. The definitions and recitals set forth in the preamble to this resolution are
hereby incorporated in and made a part of this resolution for all purposes.
SECTION 3. Nothing contained in this Resolution, nor in any authorization or consent
expressed or implied from it shall be construed to modify the Power Sales Contract in any
manner nor extend the term of the Power Sales Contract beyond September l, 2018.
2
SECTION 4. This resolution shall take effect from the date that the last Member City
approves a resolution in substantially the same form and content hereof, and the authorizations
herein shall be effective for a period of six months following the date of adoption hereof.
PASSED AND APPROVED this the day of , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� � � �'` �
'� " � ��� � � � �_ ��€
.
�d������ ; �.
� ���
:
DATE:
DEPARTMENT:
CM/ ACM:
SUBJECT
Agenda Information Sheet
May 6, 2014
Electric
Howard Martin, 349-8232
.,■ ,
Consider adoption of an ordinance authorizing the City Manager or his designee to execute a
Contract of Sale by and between Dr. Edward F. Wolski, as owner, and the City of Denton,
Texas, as buyer, to acquire fee simple to a 10.070-acre tract located in the J.S. Collard Survey,
Abstract No. 297, in the City of Denton, Denton County, Texas, generally located north of Riney
Road and east of Bonnie Brae Drive, for the public use of expansion, construction, maintenance,
operation, and improvement of electric transmission and distribution lines, facilities, and
structures, as well as substations, for the purchase price of One Million Two Hundred Fifty Eight
Thousand Nine Hundred Twenty Three Dollars and Twenty Cents ($1,258,92320), and other
consideration, as prescribed in the Contract of Sale as described in the ordinance as attached as
Exhibit One; authorizing the expenditure of funds therefor; and providing an effective date.
BACKGROUND
In accord with the current DME Electric Substation Re-build project initiative, DME staff is
undertaking the identification of the additional land rights necessary to accommodate the
construction and operation of improvements to the electric transmission and distribution systems.
In respect to the tracts owned by Dr. Wolski, the project requires the fee simple acquisition of a
10.070-acre tract of land to accommodate the electric utilities and electric substation
infrastructure to be constructed. Approval of the ordinance under consideration authorizes staff
to purchase the 10.070-acre tract, and to proceed to closing the purchase transaction.
OPTIONS
1. Approval of the land purchase and ordinance.
2. Do not approve the land purchase and ordinance, and provide staff with further direction.
RECOMMENDATION
DME staff recommends approval of the land purchase and ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
There has been no prior action regarding this item.
FISCAL INFORMATION
This project is funded through the issuance of General Obligation Bonds, which will be paid by
Transmission Revenue received from all other electric utilities who are members of the Electric
Reliability Council of Texas (ERCOT).
EXHIBITS
l. Exhibit One: Ordinance
2. Exhibit Two: Abstract 297
3. Exhibit Three: Contract of Sale
Respectfully submitted:
�I
�
Phil Williams
General Manager
Denton Municipal Electric
Prepared by:
�� � �
Lisa A. Lemons
Special Programs Manager
Denton Municipal Electric
EXHIBIT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT OF SALE (HEREIN SO
CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "C", BY
AND BETWEEN EDWARD F. WOLSKI (THE "OWNER"), AND THE CITY OF DENTON
(THE "CITY"), REGARDING THE SALE BY OWNER AND PURCHASE BY THE CITY OF
A FEE INTEREST IN LAND CONSISTING OF 10.070 ACRES BE1NG SITUATED IN THE
J.S. COLLARD SURVEY, ABSTRACT NO. 297, CITY OF DENTON, DENTON COUNTY,
TEXAS, LOCATED GENERALLY AT THE SOUTHEAST CORNER OF N. BONNIE BRAE
STREET AND N. ELM STREET AND BEING MORE PARTICULARLY DESCRIBED AND
DEPICTED ON EXHIBITS "A-1" AND "A-2", RESPECTIVELY, ATTACHED HERETO
AND MADE A PART HEREOF, FOR THE PUBLIC USE OF EXPANSION,
CONSTRUCTION, MAINTENANCE, OPERATION, AND IMPROVEMENT OF ELECTRIC
TRANSMISSION AND DISTRIBUTION LINES, FACILITIES, AND STRUCTURES, AS
WELL AS SUBSTATIONS (THE "PROJECT"), AND ALLOWING FOR THE
RESERVATION OF A 0.345 ACRE NON-EXCI,USIVE UTILITY EASEMENT BY THE
OWNER AS DESCRIBED ON EXHIBIT "B" AND DEPICTED ON EXHIBIT "A-2", FOR
THE PURCHASE PRICE OF ONE MILLION, TWO HUNDRED FIFTY-EIGHT
THOUSAND, NINE HLTNDRED TWENTY-THREE AND 20/100 DOLLARS ($1,258,923.20),
AS PRESCRIBED IN THE CONTRACT OF SALE; 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, THEREFORE; 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; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized (a) to execute for
and on behalf of the City (i) the Contract of Sale, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "C" with a purchase price of ONE
MILLION, TWO HUNDRED FIFTY-EIGHT THOUSAND, NINE HUNDRED TWENTY-
THREE AND 20/100 DOLLARS ($1,258,923.20), as prescribed in the Contract of Sale, and (ii)
any other documents necessary for closing the transaction contemplated by the Contract of Sale;
and (b) to make expenditures in accordance with the terms of the Contract of Sale.
SECTION 2. 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 coui-t of competent jurisdictian, such holdings 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 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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STATE OF TEXAS §
COUNTY OF DENTON §
EXHIBIT 3
CONTRACT OF SALE
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOV�, HAVE THE
RIGHT TO: (1) DISCUSS AN1' 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 ,
2014, effective as of the date of execution hereof by Seller, as defined herein (the "Effective
Date"), by and between EDWARU F. WOLSKI (referred to herein as "Seller") and the City of
Denton, Texas, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein
as "Suyer").
RECITALS
WHEREAS, Seller owns that certain tract of land located in the J.S. Collard Survey,
Abstract Number 297 being located in Denton County, Texas (the "Land") and being affected by
the public improvement Project called the Denton Municipal Electric Capital Improvements
Project ("Project");
WHEREAS, Seller desires to se11 to Buyer, and Buyer desires to buy from Seller, the
Land described on Exhibit "A-1" and depicted on Exhibit "A-2", 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"); and
WHEREAS, Seller desires to retain and reserve for himself, his heirs, successors and
assigns a 0.345 acre non-exclusive utility easement, the scope, location and duration of which are
described and shall be memorialized in a Special Warranty Deed (herein, the "Deed"), the form
and content of which is shall be substantially similax to the Attachment 1 which is attached
hereto and made a part hereof for all purposes as if set forth herein verbatim. The Deed shall
reserve a non-exclusive utility easement in, along, over, upon, and across the tract of land being
described on Exhibit "B" and depicted on Exhibit "A-2" attached to the Deed. The lands
described and depicted in Exhibit "B" and Exhibit "A-2" attached to the Deed are collectively
referred to herein as the `Basement Lands"; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and
conditions associated with the purchase of the necessary fee property for the Project.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
ARTICLE I
SALE OF PROPERTY
For the consideration hereinafter set fQrth, and upon the terms, conditions and provisions
herein contained, and subject to the reservations herein, Seller agrees to sell and convey to
Buyer, and Buyer agrees to purchase from Seller, the Property.
Seller, subject to the limitation of such reservation made herein, shall reserve, for
himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and
under and that may be produced from the Property that he owns. Seller, his heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the Property, in any
way, manner or form, in connection with or related to the reserved oil, gas, and other minerals
and/or related to exploration and/or production of the oil, gas and other minerals reserved herein,
including without limitation, use or access of the surface of the Property for the location of any
well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit
areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or
any other infrastructure or improvement of any kind or type in connection with or related to the
reserved oil, gas and other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated
hydrocarbons) that any reasonable extraction, mining or other exploration and/or production
method, operation, process or procedure would consume, deplete or destroy the surface of the
Property; and (ii) all substances (except oil and gas) which are at or near the surface of the �
Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized
herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') belaw the surface of the earth and all areas
above the surface of the earth.
Seller shail also retain and reserve for himself, his heirs, successors and assigns a 0.345
acre non-exclusive utility easement, the scope, location and duration of which are described and
shall be memorialized in a Special Warranty Deed (herein, the "Deed"), the form and content of
which is shall be substantially similar to the Attachment 1 which is attached hereto and made a
part hereof for all purposes as if set forth herein verbatim. The Deed sha11 reserve a non-
exclusive utility easement in, along, over, upon, and across the tract of land being described on
Exhibit "B" and depicted on Exhibit "A-2" attached to the Deed. The lands described and
depicted in Exhibit "B" and Exhibit "A-2" attached to the Deed are collectively referred to
herein as the "Easement Lands". �
Contract of Sale
Page 2 of 26
ARTICLE IT
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of
ONE MILLION, TWO HUNDRED FIFTY-EIGHT THOUSAND, N1NE HUNDRED
TWENTY-THREE AND 20/100 DOLLARS ($1,258,923.20) (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) �vvith Title Resources, LLC, 525 South Loop
288, Suite 125, Denton, Texas, 76205, (the "Title Company"), as escrow agent, within fourteen
(14) calendar days of the Effective Date hereof. All interest earned thereon shall become part of
the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest
Money deposit, as provided in this Contract. If the purchase contemplated hereunder is
consummated in accordance with the terms and the provisions hereof, the Earnesi 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 check in the amount of One Hundred and No/100 Dollars ($100.00) (the "Independent Contract
Consideration"), which amount the parties hereby acknowledge and agree has been bargained for
and agreed to as consideration for Seller's execution and delivery af 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) Prior to the date of Closing, 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, condi�ional 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 Docuxnents"), including those described in the Title s
Contract of Sale
Page 3 of 26
�
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 five (5) calendar days after the Effective Date, Seller sha11 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 yeax flood plain, fences and improvements and struciures of any kind. The Survey
shall describe the size of the Property, in acres, and contain a metes and bounds description
thereof. Seller shall furnish or cause to be furnished any affidavits, certificates, assurances,
and/or resolutions as required by the Titie 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 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 iri 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, prior to
Closing, 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 before Closing, and if Buyer does not agree in writing to an extension of that
period, said extension to not exceed an additional thirty (30) calendar days, then Buyer has the '�
option of either:
(a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to
Closing, in which event those Objections shall become Permitted Exceptions (herein so
called), or
(b) terminating this Contract by notice in writing prior to Closing and receiving back the
Earnest Money, in which latter event Seller and Buyer shall have no further obligations, `
one to the other, with respect to the subject matter of this Contract.
3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard
Texas Owner's Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title
Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring
that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted
Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no
other exceptions to title, with the standard printed or common exceptions amended or deleted as
Contract of Sale
Page 4 of 26
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 an 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 the title cornmitment.
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 Eifective Date of
this Contract and prior to Closing (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 sha11 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 ail 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
Contract of Sale
Page 5 of 26
�
�
and consurnlnate 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 axe 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 maxketable fee simple title to the Property, subject only to the
Permitted Exceptions.
(d) The Seiler has the full right, power, and authority to sell and convey the Property as
provided in this Contract and to carry out Seller's obligations hereunder.
(e) The Seller has not received notice of, and has no other knowledge or information of, any
pending or threatened judicial or administrative action, or any action pending or °�
threatened by adjacent landowners or other persons against or affecting the Property.
(f) The Seller has disclosed to Buyer in writing of any and all facts and circumstances
relating to the physical condition of the Property that may materially and adversely affect
the Property and operation or intended operation thereof, or any portion thereof, of which
Seller has knowledge.
(g) The Seller has paid all real estate and personal property taxes, assessments, excises, and '�
levies that are presently due, if any, which are against or are related to the Property, or
will be due as of the Closing, and the Property will be subject to no such liens.
,
(h) The Seller shall convey the Property free and clear of all debts, liens and encuxnbrances.
(i) Seller has not contracted or entered into any agreement with any real estate broker, agent,
finder, or any other party in connection with this transaction or taken any action which
would result in any real estate broker commissions or finder's fee or other fees payable to �
any other party with respect to the transactions contemplated by this Contract.
(j} To the best of Seller's knowledge, there has not occurred the disposal or release of any
Hazardous Substance to, on or from the Property.
As used in this Contract, "Hazardous Substance" means and includes all hazardous and
toxic substances, waste or materials, chemicals, and any pollutant or contaminant, ,,
including without limitation, PCB's, asbestos, asbestos-containing material, petroleum
products and raw materials, that are included under or regulated by any Environmental
Law or that would or may pose a health, safety or environmental hazaxd.
Contract of Sale
Page 6 of 26
As used in this Contract, "Environmental Law" means and includes a11 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.G 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.
(k) 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 anci vacated the Property on or before the date
of Closing.
(1) The Seller is not a"foreign person" as defined in Section 1445 of the Internal Revenue
Code of 1986, as amended.
S.O1.A. Environmental Matters. In addition to any other representations, warranties,
covenants, and agreements contained in this Contract, Seller agrees to the following:
(a) Seller represents and warrants that: (i) the Property is in compliance with Environmental
Laws (defined below); (ii) there are no Hazardous Materials (defined below) in, on, or
under the Property, and in compliance with Environmental Laws; and (iii) the Property
does not contain any asbestos or asbestos-containing materials. ;
(b) Seller assumes responsibility for and covenants to comply with all Environmental Laws
applicable to the Properly.
(c) Seller shall indemnify and hold harmless Buyer, and Buyer's agents, successors and
assigns from and against any and all claims, liabilities (including, without limitation, any
strict liability), losses, costs, and expenses (including, without limitation, reasonable
attorney's and expert's fees and court costs) arising from or in any way related to: (i) any �.
breach of Subsection A or B of this Environmental Matters section, (ii) the presence or
release of any Hazardous Materials, or (iii) the violation of any Environmental Laws, in
each case unless caused by Buyer, any agent of Buyer, or Buyer's use of the Property.
(d) "Environmental Laws" means any and all federal, state, and local laws, ordinances,
codes, and regulations relating to protection of the environment, health and safety, and
natural resources. Environmental Laws includes, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), ��
and the common law.
Contract of Sale
Page 7 of 26
�
(e) "Hazardous Materials" means: (i) any and all substances, materials, chemicals, and
wastes regulated by Environmental Laws; and (ii) "hazardous substance," "pollutant or
contaminant," "petroleum," and "natural gas liquids" as such terms are defined or used in .�.
CERCLA.
(f� The foregoing representations, warranties, covenants, indemnities, and obligations of this
Environmental Matters section shall survive closing, and shall not in any circumstance,
be merged with the Special Warranty Deed.
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, shal� deliver to Buyer, with respect to the Property, true,
correct, and complete copies of the following:
(i) All lease agreements and/or occupancy agreements and/or licenses of any kind or
nature (if oral, Seller shall provide to Buyer in writing all material terms thereo�
relating to the possession of the Property, or any part thereof, including any and ''
all modifications, supplements, and amendments thereto (the "Leases").
(ii) All environmental audits, soil tests and engineering and feasibility reports,
including any and all modifications, supplements and amendments thereto, with
respect to the Property that Seller possesses or has the right to receive.
(b) From the Effective Date until the date of Closing or earlier termination of this Contract, _
Seller shall: �
(i) Not enter into any written or oral contract, lease, easement or right of way
agreement, conveyance or any other agreement of any kind with respect to, or
affecting, the Property that will not be fully performed on or before the Closing or
would be binding on Buyer or the Property after the date of Closing.
{ii) Advise the Buyer promptly of any litigation, arbitration, or administrative heaxing ,
concerning or affecting the Property.
{iii) Not take, or omit to take, any action that would result in a violation of the
representations, warranties, covenants, and agreements oi Seller.
(iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the
Property, or create, grant or permit to be attached or perfected, any lien,
encumbrance, or charge thereon.
(c) . Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all
loss, liability, and expense, including, without limitation, reasonable attorneys' fees,
arising or incurred as a result of any liens or claims resulting from labor or materials
Contract of Sale
Page 8 of 26 �� ,
furnished to the Property under any written or oral contracts arising or entered into prior
to Closing. ,.
5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this
Contract, the representations, warranties, covenants and agreements of Seller contained in this
Contract shall survive the Closing, and shall not, in any circumstance, 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 tlus
Contract unless, within the designated time periods, all of the following shall have occurred:
(a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to
be so performed or furnished under other sections of this Contract; and
(b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, '
all of Buyer's objections made in accordance with Article III.
6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer
is not obligated to perform under this Contract unless all representations, warranties, covenants
and agreements of Seller contained in this Contract axe true and correct or have been performed,
as applicable, as of the Closing Date, except where specific reference is made to another date.
6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of '
Closing, any portion of the Property has been condemned by an entity other than Buyer, or is the
subject of condemnation, eminent domain, or other material proceeding initiated by an entity
other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired
in any manner.
6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer 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,
promptly issue the instructions necessary to instruct the Title Company to return to Buyer the
Contract of Sale
Page 9 of 26 �
Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller
shall have no further obligations under this Contract, one to the other.
�
ARTICLE VII
CLOSING
7.01 Date and Place of Closing. The Closing (herein so called) sha11 take place in the offices
of the Title Company and shall be accomplished through an escrow to be established with the
Title Company, as escrowee. The Closing Date (herein sometimes called), shall be on or before
May 15, 2014, unless otherwise mutually agreed upon by Buyer and Seller.
7.02 Items to be Delivered at the Closing.
(a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title
Company, at the expense of the party designated herein, the following items:
(i) The Title Policy, in the form specified in Article III, Section 3.05;
(ii) The Special Warranty Deed, substantially in the form as attached hereto as "
Attachment "1", subject only to the Permitted Exceptions, if any, duly executed
by Seller and acknowledged;
(iii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
(b) Buver• At the Closing, Buyer shall deliver to Seller ar the Title Company, the following
items:
(i) The sum required by Article II, Section 2.O1, less the Earnest Money and interest
earned thereon, in the form of a check or cashier's check or other immediately
available funds;
(ii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing. „
7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in 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 t�es for the calendar year in which the Closing shall occur is not known as of
the Closing Date, the proration at Closing shall be based on the amount of taxes due and
payable with respect to the Property for the preceding calendar year. As soon as the
amount of taxes levied against the Property for the calendar year in which Closing shall
Contract of Sale
Page 10 of 26 ,.
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 date of
Closing) 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 deiivered 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. Se11er 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 �he responsibility for such costs or expenses associated with closing
the transaction contemplated by this Contract are not identified herein, such costs or expenses
shall be allocated between the parties in the customary manner for closings of real property
similax to the Property in Denton County, Texas. ..
ARTICLE VIII
DEFAULTS AND REMEDIES
8.01 Seller's Defaults and Buyer's Remedies.
(aj Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or
more of the following events: ��
(i) Any of Seller's warranties or representations contained in this Contract are untrue
on the Closing Date; or
(ii) Seller fails to meet, comply with or perform any covenant, agreement, condition
precedent or obligation on Seller's part required within the time limits and in the
manner required in this Contract; or
�
(iii) Seller fails to deliver at Closing, the items specified in Article VII, Section
7.02(a) of this Contract for any reason other than a default by Buyer or
termination of this Contract by Buyer pursuant to the terms hereof prior to
Closing.
(b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and
exclusive remedies for the default, may, at Buyer's sole option, do any of the following:
(i) Terminate this Contract by written notice delivered to 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;
Contract of Sale �
Page 11 of 26
(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 obj ections, if any, and accept such title without reduction in
Purchase Price on account of title defects and shall be entitled to assert any rights
for damages based on Seller's representations, warranties and obligations that are
not waived by Buyer by its acceptance of Seller's title; and
(iii) Seek other recourse or relief as may be available to Buyer at or by law, equity,
contract or otherwise.
8.02 Buyer's Default and Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at
Closing, the items specified in Articie VII, Section 7.02(b) of this Contract for any
reason other than a default by Seller under this Contract or termination of this Contract ,
by Buyer pursuant to the terms hereof prior to Closing.
(b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and
exclusive remedies for the default, may, at Seller's sole option, do either one of the
following:
(i) Terminate this Contract by written notice delivered to Buyer in which event the
Seller shall be entitled to a return of the Earnest Money, and Buyer shall,
promptly on written request from Seller, execute and deliver any documents
necessary to cause the Title Company to return to Seller the Earnest Money; or
(ii) Enforce specific performance of this Contract against Buyer.
ARTICLE IX
MISCELLANEOUS
9.01 Notice. All notices, demands, requests, and other communications required hereunder
shall be in writing, delivered, unless expressly provided otherwise in this Contract, by telephonic
facsimile, by hand delivery or by United States Mail, and shall be deemed to be delivered, upon
the earlier to occur of (a) the date provided if provided by telephonic facsimile or hand delivery,
and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail,
registered or certified, return receipt requested, postage prepaid, addressed as follows:
SELLER: BUYER: ��
Telecopy.
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Contract of Sale
Page 12 of 26
�
Copies to:
For Seller:
Telecopy:
�
Telecopy: (940) 349-8951
For Buyer:
Scott W. Hickey, Attorney at Law
Kelsey, Kelsey & Hickey, PLLC ,.
P.O. Box 918
Denton, Texas 76202
Telecopy: (94Q) 387-9553
9.02 Governing Law and Venue. This Contract is being executed and delivered and is
intended to be performed in the State of Texas, the laws of Texas governing the validity,
construction, enforcement and interpretation of this Contract. THIS CONTRACT IS
PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT �
WITH RESPECT HERETO, SHALL LIE IN DENTON COUNTY, TEXAS.
9.03 Entirety and Amendments. This Contract embodies the entire agreement between the
parties and supersedes all prior agreements and understandings, if any, related to the Property,
and may be amended or supplemented only in writing executed by the party against whom
enforcement is sought.
9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and `
Buyer, and its respective successors, beneficiaries 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.OS Risk of Loss. If any damage or destruction to the Property shall occur prior to Closing,
or if any condemnation or any eminent domain proceedings are threatened or initiated by an
entity or party other than Buyer that might result in the taking of any portion of the Property,
Buyer may, at Buyer's option, do any of the following: '
(a) Terminate this Contract and withdraw from this transaction without cost, obligation or
liability, in which case the Earnest Money shall be immediately returned to Buyer; or
(b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be
entitled to receive any (i) in the case of damage or destruction, all insurance proceeds;
and (ii) in the case of eminent domain, proceeds paid for the Property related to the
eminent domain proceedings.
Buyer shall have a period of up to ten (10) calendar days after receipt of written
notiiication from Seller on the final settlement of all condemnation proceedings or
insurance claims related to damage or destruction of any improvement located on the
Property, in which to make Buyer's election. In the event Buyer elects to close prior to
such final settlement, then the Closing shall take place as provided in Article VII, above,
Contract of Sale
Page 13 of 26
�:.
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 axe referenced in, and attached to this Contract, are
incorporated in and made a part of, this Contract for all purposes.
9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken
by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are
hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Frank
Payne, P.E., City Engineer of Buyer, or his designee. j
9.10 Contract Execution. This Contract of Sale may be executed in any number of
counterparts, all of which taken together shall constitute one and the same agreement, and any of
the parties hereto may execute this Agreement by signing any such counterpart.
9.11 Business Days. If the Closing Date or the day of performance required or permitted under
this Contract falls on a Saturday, Sunday or Denton County holiday, then the Closing Date or the
date of such performance, as the case may be, shall be the next following regular business day. �
9.12 Relocation. Relocation advisory services and relocation financial assistance, if applicable
pursuant to Ordinance No. 2012-073 (the "Relocation Ordinance"), shall be administered as
provided by the Relocation Ordinance, aside and apart from the transaction contemplated by this
Contract.
SELLER:
EDWARD F. WOLSKI
�
Executed by Seller on the day of , 2014.
Contract of Sale
Page 14 of 26
BUYER:
:
GEORGE C. CAMPBELL, CITY MANAGER
Executed by Buyer on the day of , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
SCOTT W. HICKEY, KELSEY, KELSEY & HICKEY, PLLC
BY: .
Contract of Sale
Page 15 of 26
�
�
�
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of an executed copy of this
Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of
this Contract and to perform its duties pursuant to the provisions of this Coniract and comply
with Section 6045(e) of the Internal Revenue Code of 1986, as amended fro�n 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: , 2014
�
Contract of Sale
Page 16 of 26
Exhibit "A-1"
To Contract of Sale
I.EGAL DESCRIPTION
BEING a 10.070 acre tract of land situated in the J.S. Collard Survey, Abstract No. 297, City of Denton,
Denton County, Texas, and being part of a called 38.524 acre tract of land described in a Deed to Edward
F. Wolski, as recorded in Document Number 2005-50257 of the Real Property Records of Denton County,
Texas, and being more particularly described as follows:
BEGINNING at a PK nail found for corner in Riney Road, a variable width prescriptive right-of-way, said
point being the Southeast corner of the above citec€ 38.524 acre tract, and the Southwest corner of a called
23.212 acre tract described in a Deed to J.C. Mitchell and Texas Cinema Corporation, as recorded in
Volume 3180, Page 552 of the Deed Records of Denton County, Texas, said point also being in the
approximate South line of the J.S. Collard Survey, Abstract No. 297, and the North line of the N.
Meisenhamer Survey, Abstract No. 810;
THENCE North 89°17'49" West along said Riney Road, the South line of said 38.524 acre tract and the
approximate South line of said J.S. Collard Survey, for a distance of 7�9.97 feet to a PK nail found for
corner at the Southwest corner of said 38.524 acre tract, said point also being the Southeast corner of a
tract of land conveyed to the City of Denton, Texas, per Deed recorded in Volume 537, Page 32 of the
Deed Records of Denton County, Texas;
THENCE North 00°25'58" East departing said Riney Road, and along the most Souther[y West line of said
38.524 acre tract and the East line of said City of Denton tract, for a distance of 225.00 feet to a 3 inch steel
fence corner post found for corner;
TWENC� North 89°11'10" West along the most Westerfy South line of said 38.524 acre tract and the North
line of said City of Denton tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a
distance of 218.22 feet and continuing along said line for a total distance of 250.00 feet to a point for corner
in the centerline of Bonnie Brae Drive {a variable width right-of-way), said point being the most Westerly
Southwest corner of said 38.524 acre tract, said point also being in the approximate West line of said J.S.
Callard Survey and the East line of the N. Wade Survey, Abstract No. 1407;
THENCE North 00°21'43" East along the projected centerline of said Bonnie Brae Drive, and along the
West line of said 38.524 acre tract and the approximate West line of said J.S. Collard Survey, for a distance
of 274.52 feet to a point for corner near the existing West edge of said Bonnie Brae Drive;
THENCE South 89°17'49" East departing said Bonnie Brae Drive, the West line of said 38.524 acre tract
and the approximate West line of said J.S. Coliard Survey, passing a 5/8 inch iron rod with cap stamped
"TNP" set for reference at a distance of 35.00 feet, and continuing along said line for a total distance of
1010.10 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner in the East line of said 38.524
acre tract and the West lin� of said 23.212 acre tract;
THENCE South 04°59'05" West, along the East line of said 38.524 acre tract and the West line of said
23.212 acre tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of
483.40 feet and continuing along said line for a total distance of 501.40 feet to the POINT OF BEGINNING,
and containing 10.070 acres of land, more or less.
Page 17 of 26
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Page 18 of 26
Exhibit "B"
To Contract of Sale
LEGAL DESCRIPT/ON — PROPOSED 30' UTIUTY EASEMENT
BEING a 0.345 acre tract of land situated in the J.S. Collard Survey, Abstract No. 297, City of Denton,
Denton County, Texas, and being part of a called 38.524 acre tract of land described in a Deed to Edward
F. Wolski, as recorded in Document Number 2005-50257 of the Real Property Records of Denton County,
Texas, and being more particularly described as follows:
BEGINNING at a PK nail found for corner in Riney Road, a variable width prescriptive right-of-way, said
point being the Southeast corner of the above cited 38.524 acre tract, and the Southwest corner of a called
23.212 acre tract described in a Deed to J.C. Mitchell and Texas Cinema Corporation, as recorded in
Volume 3180, Page 552 0# the Deed Records of Denton County, Texas, said point also being in the
approximate South line of the J.S. Collard Survey, Abstract No. 297, and the North line of the N.
Meisenhamer Survey, Abstract No. 810;
THENCE North 89°17'49" West along said Riney Road, the South line of said 38.524 acre tract and the
approximate South line of said J.S. Collard Survey, for a distance of 30.08 feet to a point for corner;
THENCE North 04°59'05" East, departing said Riney Road, and the South line of said 38.524 acre tract
and the approximate South line of said J.S. Collard Survey, for a distance of 501.40 feet to a point for
corner;
THENCE South 89°17'49" East, for a distance of 30.08 feet to a 5/8 inch iron rod with cap stamped "TNP"
set for corner in the East line of said 38.524 acre tract and the West line of said 23.212 acre tract;
THENCE South 04°59'05" West, along the East line of said 38.524 acre tract and the West line of said
23.212 acre tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of
483.4p feet and continuing along said line for a total distance of 501.40 feet to the POINT OF BEGINNING,
and containing 0.345 acres of land, more or less.
Page 19 of 26
ATTACHMENT "1"
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.
STATE OF TEXAS
COUNTY OF DENTON
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0
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS
That EDWARD F. WOLSKI ( 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-1" and depicted on Exhibit "A-2" attached hereto and made a part
hereof for all purposes, and being located in Denton County, Texas, together with any and all
rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with
all and singular the improvements and fixtures thereon and all other rights and appurtenances
thereto {collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for himself,
his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and
that may be produced from the Property that he owns. Grantor, his heirs, devisees, successors
and assigns shall not have the right to use or access the surface of the Property, in any way,
manner or form, in connection with or related to the reserved oil, gas, and other minerals andJor
Contract of Sale
Page 20 of 26
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related to exploration and/or production of the oil, gas and other minerals reserved herein,
including without limitation, use or access of the surface of the Property for the location of any
well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit
areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or
any other infrastructure or improvement of any kind or type in connection with or related to the
reserved oil, gas and other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated
hydrocarbons) that any reasonable extraction, mining or other exploration andJor 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. �
Grantor, further retains and reserves for himself, his heirs, devisees, successors and
assigns forever, the free, uninterrupted, and perpetual use of, and a separate right to maintain, a
0.345 acre nan-exclusive utility easement over the passageway described in this paragraph and
located on the Property. This easement is located along the entire eastern boundary of the ,.
Property as it exists at this time and is generally thirty feet (30') in width.
Dominant Estate Property (including any improvements): All that certain property
conveyed by that certain Warranty Deed dated April 28, 2005, by Bruce Park, as Trustee of Trust
#287, dated October 15, 2001 as Grantor to Edward F. Wolski, husband of Carrie C. Wolski, as
his separate property as Grantee, recorded under Instrument Number 2005-50257 of the Official `
Public Records of Denton County, Texas, SAVE AND EXCEPT, the Property described in the
attached Exhibit "A-1" to this Special Warranty Deed.
Contract of Sale
Page 21 of 26
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Easement Property: The Easement is described on Exhibit "B" and depicted on Exhibit
"A-2" attached hereto.
Easement Purpose: To provide free and uninterrupted implementation of utilities to and
from the Dominant Estate Property, and portions thereof, to and from Riney Road, in the City of
Denton, Denton County, Texas. Utilities shall include, but not be limited to electricity, retail
natural gas, fresh water, waste water, storm sewer and sewer lines for the benefit of the
Dominant Estate Property. Such implementation of utilities shall be subject to all applicable
federal, state, county and city laws, rules, regulations, ordinances and other governing statutes
concerning the implementation, construction, opera�ion or use of such utilities.
This conveyance is subject to the following:
(All of those Exceptions from Coverage found on Schedule B of the Owners Title Policy ,
to which referenced is hereby made for all purposes and incorporated by reference as is
fully set forth herein,)
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 heirs, devisees, successors and
assigns to WARR.ANT 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 , 2014 �
EDWARD F. WOLSKI
Contract of Sale
Page 22 of 26 ,
THE STATE OF
COUNTY OF
.
.
This instrument was acknowledged before me on this day of
2014, by EDWARD F. WOLSKI.
My Commission Expires:
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, TX 76209
Notary Public, in and for the State of Texas
Send Tax Billing Statements To:
The City of Denton
Attn: Finance Department
215 East McKinney Street
Denton, Texas 76201
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Contract of Sale
Page 23 of 26 '
Exhibit "A-1"
To Contract of Sale
LEGAL DESCRIPTION
BEING a 10.070 acre tract of land situated in the J.S. Collard Survey, Abstract No. 297, City of Denton,
Denton County, Texas, and being part of a called 38.524 acre tract of land described in a Deed to Edward
F. Wolski, as �-ecorded in Document Number 2005-50257 of the Real Property Records of Denton County,
Texas, and being more particularly described as follows:
BEGINNING at a PK nail found for corner in Riney Road, a variable width prescriptive right-of-way, said
point being the Southeast corner of the above cited 38.524 acre tract, and the Southwest corner of a called
23.212 acre tract described in a Deed to J.C. Mitchell and Texas Cinema Corporation, as recorded in
Volume 3180, Page 552 of the Deed Records of Denton County, Texas, said point also being in the
approximate South line of the J.S. Collard Survey, Abstract No. 297, and the North line of the N.
Meisenhamer Survey, Abstract No. 810;
THENCE North 89°17'49" West along said Riney Road, the South line of said 38.524 acre iract and the
approximate South line of said J.S. Collard Survey, for a distance of 719.97 feet to a PK nail found for
corner at the Southwest corner of said 38.524 acre tract, said point also being the Southeast corner of a
tract of land conveyed to the City of Denton, Texas, per Deed recorded in Volume 537, Page 32 of the
Deed Records of Denton County, Texas;
THENCE North 00°25'58" East departing said Riney Road, and along the most Southerly West line of said
38.524 acre tract and the East line of said City of Denton tract, for a distance of 225.00 feet to a 3 inch steel
fence corner post found for corner;
THENCE North 89°11'10" West along the most Westerly South line of said 38.524 acre tract and the North
line of said City of Denton tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a
distance of 218.22 feet and continuing along said line for a total distance of 250.00 feet to a point for corner
in the centerline of Bonnie Brae Drive (a variable width right-of-way), said point being the most Westerly
Southwest corner of said 38.524 acre tract, said point also being in the approximate West line of said J.S.
Collard Survey and the East line of the N. Wade Survey, Abstract No. 1407;
THENCE North 00°21'43" East along the projected centerline of said Bonnie Brae Drive, and along the
West line of said 38.524 acre tract and the approximate West line of said J.S. Collard Survey, for a distance
of 274.52 feet to a point for corner near the existing West edge of said Bonnie Brae Drive;
THENCE South 89°17'49" East departing said Bonnie Brae Drive, the West line of said 38.524 acre tract
and the approximate West [ine of said J.S. Collard Survey, passing a 5/8 inch iron rod with cap stamped
"TNP" set for reference at a distance of 35.00 feet, and continuing along said line for a total distance of
1010.10 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner in the East line of said 38.524
acre tract and the West line of said 23.212 acre tract;
THENCE South 04°59'05" West, along the East line of said 38.524 acre tract and the West line of said
23.212 acre tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of
483.40 feet and continuing along said line for a total distance of 501.40 feet to the POlNT OF BEGINNING,
and containing 10.070 acres of land, more or less.
Page 24 of 26
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Exhibit "B"
To Contract of Sale
LEGAL DESCRIPT/ON — PROPOSED 30' UT/LITY EASEMENT
BEING a 0.345 acre tract of land situated in the J.S. Coilard Survey, Abstract No. 297, City of Denton,
Denton County, Texas, and being part of a called 38.524 acre tract of land described in a Deed to Edward
F. Wolski, as recorded in Document Number 2005-50257 of the Real Property Records of Denton County,
Texas, and being more particularly described as follows:
BEGINNING at a PK nail found for corner in Riney Road, a variable width prescriptive right-of-way, said
point being the Southeast corner of the above cited 38.524 acre tract, and the Southwest corner of a called
23.212 acre tract described in a Deed to J.C. Mitchell and Texas Cinema Corporation, as recorded in
Volume 3180, Page 552 of the Deed Records of Denton County, Texas, said point also being in the
approximate South line of the J.S. Collard Survey, Abstract No. 297, and the North line of the N.
Meisenhamer Survey, Abstract No. 810;
THENCE North 89°17'49" West along said Riney Road, the South line of said 38.524 acre tract and the
approximate South line of said J.S. Collard Survey, for a distance of 30.08 feet to a point for corner;
THENCE North 04°59'05" East, departing said Riney Road, and the South line of said 38.524 acre tract
and the approximate South line of said J.S. Collard Survey, for a distance of 501.40 feet to a point for
corner;
THENCE South 89°17'49" East, for a distance of 30.08 feet to a 5/8 inch iron rod with cap stamped "TNP"
set for corner in the East line of said 38.524 acre tract and the West line of said 23.212 acre tract;
THENCE South 04°59'05" West, along the East line of said 38.524 acre tract and the West line of said
23.212 acre tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a distance of
483.40 feet and continuing along said line for a total distance of 501.40 feet to the POINT OF BEGINNING,
and containing 0.345 acres of land, more or less.
Page 26 of 26
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Engineering Services
ACM: Jon Fortune
SUBJECT
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 to a 7393 acre tract (the
"Mayhill Tract"); (II) fee simple to a 4.508 acre tract (the "Landfill Tract"); and (III) a Slope
Easement (herein so called), encumbering a 0.804 acre tract, each affected tract located in the
John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton County, Texas, as
more particularly described on Exhibit "A", attached hereto and made a part hereof, located
generally in the 1400 block of South Mayhill Road (the "Property Interests"), for (A) as concerns
the Mayhill tract and the Slope Easement, the public use of expanding and improving Mayhill
Road, a municipal street and roadway; and (B) as concerns the Landfill Tract, for the public use
of expanding and improving the City of Denton Landfill, a permitted municipal Solid Waste
disposal facility; authorizing the filing and prosecution of eminent domain proceedings to
acquire the Property Interest; authorizing the expenditure of funds therefore: making findings;
providing a savings clause; and providing an effective date.
(Parcel 134 RTS&M, LLG Mayhill Road Widening and Improvements project and City of
Denton Landfill, a permitted municipal solid waste disposal facility)
BACKGROUND
The affected property owner has been non-responsive to the City's Offers for the subject land
rights necessary for the Mayhill Road Widening and Improvements project and the City of
Denton landfill, a permitted municipal solid waste disposal facility proj ect.
Approval of the subject ordinance authorizes staff to acquire the land rights necessary by way of
the exercise of the City's eminent domain authority.
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)
Public Utilities Board on June 24, 2013 recommended approval of the acquisition of the 4.508
acre Municipal Use Tract (6-0).
Agenda Information Sheet
May 6, 2014
Page 2
07-16-13 — Ordinance No. 2013-179 Offer to Purchase
O1-07-14 — Ordinance No. 2014-010 Final Offer to Purchase
FISCAL INFORMATION
The 7.393 acre fee tract and the 0.804 acre slope easement tract, both associated with the Mayhill
Road Widening and Improvements project, are being funded with a combination of Regional
Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIl'
`08) funds and City of Denton local match funds ($625,270.00�
The 4.508 acre Municipal Use tract is to be funded by Solid Waste capital project bonds
allocated for real property purchases: 660563594.136530100 ($159,766.00�
The total purchase offer price being $785,036.00 plus closing costs, as set out in the Agreement.
BID INFORMATION
Not applicable
EXHIBITS
l. Location Map
2. Ordinance
Prepared by,
LuAnne Oldham
Real Estate Specialist
Respectfully submitted,
Paul Williamson,
Real Estate Manager
�ocation Map BOND Parcel M134
EXHIBIT 1 attachment to AIS Mayhill Road Widening and Improvements
ORDINANCE NO. 2014 -
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TD
ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN (I) FEE
SIMPLE TO A 7.393 ACRE TRACT (THE "MAYHILL TRACT"); (II} FEE SIMPLE TO A
4.508 ACRE TRACT (THE "LANDFILL TRACT"); AND (III) A SLOPE EASEMENT
(HEREIN SO CALLED), ENCUMBERING A 0.804 ACRE TR.ACT, EACH AFFECTED
TR.ACT LOCATED IN THE JOHN B. BRANDON SURVEY, ABSTRACT NUMBER 1515,
CITY OF DENTON, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF,
LOCATED GENERALLY IN THE 1400 BLOCK OF SOUTH MAYHILL R�AD (THE
"PROPERTY INTERESTS"), FOR (A) AS CONCERNS THE MAYHILL TRACT AND THE
SLOPE EASEMENT, THE PUBLIC USE OF EXPANDING AND IMPROVING MAYHILL
ROAD, A MUNICIPAL STREET AND ROADWAY; AND (B) AS CONCERNS THE
LANDFILL TRACT, FOR THE PUBLIC USE OF EXPANDING AND IMPROVING THE
CITY OF DENTON LANDFILL, A PERMITTED MUNICIPAL SOLID WASTE DISPOSAL
FACILITY; AUTHORIZING THE FILING AND PROSECUTION OF EMINENT DOMAIN
PROCEEDINGS TO ACQUIRE THE PROPERTY INTEREST; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE: MAKING FINDINGS; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(PARCEL 134 RTS&M, LLC - MAYHILL ROAD WIDENING AND IMPROVEMENTS
PROJECTAND CITY OF DENTON LANDFILL, A MUNICIPAL SOLID WASTE DISPOSAL
FACILITY)
WHEREAS, the City of Denton, Texas (the "City") has initiated the widening and
expansion of Mayhill Road, and the expanding and improving of the City of Denton landfill, a
germitted municipal solid waste disposal facility, affecting, among other lands and interests, the
Property Interests;
WHEREAS, the widening and expansion of Mayhill Road constitutes a valid public use
of the City and its citizens;
WHEREAS, the expanding and improving the City of Denton landfill, a permitted
municipal solid waste disposal facility, constitutes a valid public use of the City and its citizens;
WHEREAS, the City made a written Initial Offer ("Iniiial Offer") to (1) Cynthia Bond
Ables; John Henry Bond, III; Jean Doye Stokes and Wayne Stokes, a married couple; Joe P.
Doye, Jr. a/k/a Joseph Pierre Doye, Jr.; and Patricia Ann Doye a/k/a Patricia Doye Kendall, the
owners of the Property Interests ("Prior Owners"} on or before August 30, 2013;
WHEREAS, the Prior Owners held record title to the Property Interests at the time the
Initial Offer was made on August 30, 2013;
WHEREAS, the City provided to the Prior Owners of the Progerty Interests at the time of
presenting the Initial Offer, by certiiied mail, return receipt requested, all appraisal reports
produced or acquired by the City relating specifically to the Prior Owner's progerty prepared in
the ten (10) years preceding the date of the Initial Offer;
WHEREAS, the Initial Offer made by the City to the Prior Owners of the Property
Interests did not include a confidentiality provision and further informed the Prior Owners of the
Property Interests that such Prior Owners had the right to (i) discuss any offer or agreement
regazding the City's acquisition of the Property Interests with others; or (ii) keep the ofFer or
agreement confidential, unless the offer or agreement would be subject to Chapter 552 of the
Texas Government Code (the "Non Confidential Notice");
WHEREAS, the Prior Owners conveyed the Property Interests to RTS&M, LLC, a Texas
limited liability company ("Successor Owner"), by Special Warranty Deed filed of record in the
Real Progerty Records, Denton County, Texas under Instrument No. 2013-124666 on October 9,
2013;
WHEREAS, the City made a written Final Offer ("Final Offer") to the Successor Owner
of the Property Interests on March 11, 2014, said date being after the thirtieth (30�') day after the
date on which the City made the Initial Offer to the Prior Owners of the Property Interests;
WHEREAS, along with such Final Offer, the Successor Owner of the Property Interests
was provided a written appraisal from a certified appraiser of the value of the Property Tnterests
and tl�e damages, if any, to any of the Successor Owner's remaining property;
WHEREAS, the Final Offer made to the Successor Owner of the Property Interests was
equal to or greater than the amount of the written appraisal obtained by the City;
WHEREAS, the Final Offer made to the Successor Owner of the Property Interests
included (i) a copy of the written appraisal; (ii) copies of (a) Special Warranty Deed (Mayhill
Deed); (b) Special Warranty Deed (Landfill Deed); and (c) Slope Easement, all being the
instruments proposed to convey the Property Interests sought to he acquired by the City; (iii) the
Landowner's Bill of Rights statement prescribed by Section 21.0112 of the Texas Property Code;
and (iv) the Non Confidential Notice;
WHEREAS, the City provided the Successor Owner of the Property Interests at least
fourteen (14) days to respond to the Final Offer and the Successor Owner of the Property
Interests did not agree to the terms of the Final Offer within that period;
WHEREAS, the notice for the public meeting of the City Council of the City in which
this Ordinance is considered, as required by Subchapter C, Chapter 551, of the Texas
Government Code, in addition to other information, as required by that subchapter, expressly
included the consideration by the City of Denton of the use of eminent domain to condemn the
Property Interests; �
WHEREAS, in ordaining the matters set forth herein, the motion to pass and approve this
ordinance was stated as"I move that the City of Denton, Texas authorize the use of the power of
eminent domain to acquire (I) fee simple to a 7.393 acre tract (the "Mayhill Tract"); (II) fee
simple to a 4.508 acre tract (the "Landfill Tract"); and (III) a Slope Easement ("Slope
Easement"}, encumbering a 0.804 acre tract, located generally in the 1400 block of South
Mayhill Road (the "Property Interests"), for (A) as concerns the Mayhill tract and the Slope
Easement, the public use of expanding and improving Mayhill Road, a municipal street and
roadway; and (B) as concerns the Landfill Tract, for the public use of expanding and improving
the City of Denton Landfill, a germitted municipal Solid Waste disposal facility, located in the
City of Denton, Texas, generally located in the 1400 block of South Mayhill Road, each affected
tract located in the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton
County, Texas, as more particularly described on Exhibit "A", to the ordinance now under
consideration and on the overhead screen being now displayed to the audience, for the public use
(a) as concerns the Mayhill tract and the slope easement, the public use of expanding and
improving Mayhill Road, a municipal street and roadway; and (b) as concerns the landfill tract,
for the public use of expanding and improving the City of Denton landfill, a permitted municipal
solid waste disposal facility, in the City of Denton, Texas"; and
WHEREAS, after due consideration of the public interests to be furthered by the public
use of (a) as concerns the Mayhill tract and the Slope Easement, the public use of expanding and
improving Mayhill Road, a municipal street and roadway; and (b) as concerns the landfill tract,
for the public use of expanding and improving the City of Denton landfill, a germitted municipal
solid waste disposal facility.
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Council finds that a public use and necessity exists to widen and
expand Mayhill Road and that a public use and necessity exists to expand and improve the City
of Denton landfill to serve the citizens of the City of Denton, Texas, and that the public welfare
and convenience requires the acquisition of the Property Interests, and the City of Denton, Texas
does hereby exercise its home-rule and statutory authority to acquire by eminent domain (i) fee
simple to a 7.393 acre tract ("Mayhill Tract"); (ii) fee simple to a 4.508 acre tract ("Landfill
Tract"); and (iii) a slope easement encumbering a 0.804 acre tract {"Slope Easement"), for; (a) as
concerns the Mayhill Tract and the Slope Easement, the public use of expanding and improving
Mayhill Road, a municipal street and roadway; and (b) as concerns the landfill tract, for the
public use of expanding and improving the City of Denton landfill, a permitted municipal solid
waste disposal facility, located in the City of Denton, Texas, generally located in the 1400 block
of South Mayhill Road, each affected tract located in the John B. Brandon Survey, Abstract
Number 1515, City Of Denton, Denton County, Texas, as more particularly described on Exhibit
"A", attached hereto and made a part hereof, by reference. The Council hereby further finds and
determines that the acquisition of the Property Interests is for a public use, to serve the public
and the citizens of the City of Denton, Texas.
SECTION 2. The Council hereby authorizes and directs the filing and prosecution of
eminent domain proceedings by the City of Denton, Texas to acquire the Property Interests.
SECTIQI*1 3. °T"l�e City G+��.rncil her�by �inds that the T'rit�r �wners were �1�e rect�rd tit1�
e�wwr��rs Q� said 1'rap�rty Inte�ests at the time c�f making t�e �ni�i�1 ��fer and that the �uccessc�r
Owner w�s the rec�rd titl� t��rn�rs c�� s�id Property Interests at tl�e tirne of rriaking the Final
C3ffer. �uVithouf ]irniting the �encral �utho��izatiQn prc�vided in S�ctic�� 2, �b�ve, t�le City Council
furt�er authorizes joinc�er o�` additi�nai c�r d�ffering c�wner or c�wners, ��° clairn�nt or cl�imants, t�f
ihe Prc�perty �nterests, if appii�akal� an� as n�eded, in t�e eminei-�� d�main prc�ceedings, and ��
c�ndernr� the inierests nf ��cl� such parties tca acquire t��e Praperty I�ter��ts.
S�CTI()N 4. The City M�nag�r, or i�is d�s���zee, s�tall l�ave t�1� aut�iar�ty �� dra �11 tl�ings
necess�ry ar apprt�priate tc� a�quire the Proper�y Interests by einir�ent dc�m�in, including withc�t�t
lirni#atian, the authc�rity �� �xp�nci funds related tc� the pr�secut�c�n �,� s�c� eminen� damain
prc�ce�c�in�s.
SECTI+Q�N 5. Th� r�cita�s pravided in this Ordinance, as s�t fa�th �bave, are �p�ci���ily
and expr�ssly acI+�ptec� �ay tlle C�t►�lcil as �xpress findings by tl�� �ou�cil.
SEC`�"It�T*� b. Tf a��y �ectiQn, arti�le, �aragi°ap11, sentence, p��ras�, ciause car wnrd in this
c+rdinance, ar applic�tio�1 ther�of to a��y ��rsons or circumsta�c�s, is held invalid ar
�ancc�n�ii�u�iQn�l by a cc�urt af cornpetent jurisdic�'rot�, suc�1 hc�ldi��g sha�I not �ffect th�e validity of
the rernaining pc�rtions c��' t�lis orclin�nce; th� City C�uncil decla�•e� t��ai it wc��ld h�ve c►zdained
such re�n�iz�iz�� �art�an despite such invalidity, an� suc� re�nai��i�ag por�ian s�ail re�nain in ful�
forc� and effect.
SECTii�I�i 7. This c�rdinailce �h�ll laecome e�fectiv� imn��diat�ly upc�n its passa�e anc�
approv� l.
PA�SE� AND �1PPR�VEL3 this tl'� d�y of , 2(}14.
�• . ; � • ��
,AT'�EST:
JENI*tIF'ER WAL,TER�, CITY S�CRETAR�'
:
APPI�QVED AS TQ LECiAI� F'OT'�M:
Al`�ITA BURGESS, CIT�' ATTOIt,NEY
� �.
,___.-�.
��: � , ,r-
� .
EXHIBIT "A" - to Ordinance (Property Interests)
�� rthur Surve�ing Co., I nc.
Pr�f�s�ioz�� �,.�d Sazz-Fre,yor�
P.O. So� 54 -- Lewisville, Texas 75067
Oflice: (972) 221-9439 �- Fax: (972� 221-4675
EXHIBIT "A"
MAYHILL ROAD
PARCEL M134
7.393 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515,
City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond,
Jr. et al, recarded under Instrument Number 2004-30989, Official Public Records, Denton Counry, Texas
(O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under
Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows:
COMM ENCING at a"PK" Nail set for the southeast corner of said Bond tract (2004-30989) and the northeast
corner of a tract of land described by deed to Mason A. Haggard and wife, WiLna Haggard, recorded in Volume
337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Road;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and
the north line of said Haggard tract, a distance of 82.76 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (A.S.C.) set for the POINT OF BEGINNING;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south ]ine of said Bond tract (2004-30989) and
the north line of said Haggard tract, a distance of 135.32 feet to a 1/2 inch iron rod with yellow cap stamped "ASC"
set for corner;
THENCE North O1 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004-30989), a distance
of 10.56 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 2312.85
feet to a l/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the right, having a
radius of 2068.18 feet
THENCE with said curve to the right, over and across said Bond tract (2004-30988), having a central angle of O1
degrees 46 minutes 54 seconds, whose chord bears North 03 degrees 46 minutes 00 seconds East a distance of 64.31
feet, having an arc length of 64.31 feet to a"PK" Nail set for corner in Spencer Road, being in the north line of said
Bond tract (2004-30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded
under Instrument Number 2003-205747, O.P.R.D.C.T.;
THENCE North 89 degrees �43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and
the south ]ine of said Haeussler Properties tract, a distance of 135.54 feet to a"PK" Nail set for corner in Spencer
Road, same point being the beginning of a non-tangent curve to the left, having a radius of 1932.50 feet;
(continued)
C1107131-19
Parcel M 134
EXHIBIT "A" - to Ordinance (Property Interests)
,
�� rthur Surveying Co., I nc.
Pa-o�"�sssor�� F �..a�� S�zz°Fr�y�ars
P.O. Bo� 54 -- Lewisville, Te�as 75067
OfYice: (972) 221-9439 -- Faa: (972) 221-4675
THENCE with said curve to the left, over and across said Bond tract (2004-30989), through a central angle of 02
degrees 07 minutes 41 seconds, whose chord bears South 03 degrees 56 minutes 24 seconds West a distance of
71.77 feet, having an arc length of 71.78 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2311.63
feet to the POINT OF BEGINNING and containing 7393 acres of land, of which 0.109 acres lie wittlin the
existing Spencer Road and Mayhill Road.
_ , I;R.
i)1
p �.ao��/�� p�+ .. n..�ry.yo�,y.. qg
idVN V f.J�a7 �.• /4 fl i.'�i � I'9
�ee�eweoeaeeo..oe..ve.�...so.�.a
:.o� 435� P..
����, �°��ss�o`�'�,�0�
��.�.,1SU R� �.�
C1107131-]9
Parcel M134
�� ��
lh,i
Y
EXHIBIT "A" - to Ordinance (Property Interests)
/ ti j, �, � �`:L ��, s�i r�, '{� r3, i7l'fd"'„✓C,-ii
��}``�ti�'���"� 1�?t�st�.�d` �+°,'�� I
(Variable Width ROW)
2�� I.P.F. SPENCER ROAD ,�PK�i Na,�
(C. M.)
0---�— - - - - ;�— - - jj-- - - e t
N88'S6'21 "W � � L�-= _ _ _
155.59' S83'43 23"W I.R. .
1876.43' I
i �
New Right-of-way 7.237 aa (315,266 sq. ft.) ��
Gas Easemeut 0.047 ac. (2,027 sq. ft.) ���
Gxisting ImpliedDedication 0.109 aa (4,758 sq. ft.) �l�
7.393 Acres (3z2,os t sy. tt.) �� 6
Parcel M134 � ���
9�
r;
� r.�%;
j �y y
���
; ,,�.
, ._, ,.
l.i
°4
;
�
: �j r�`'r°
�
Haeussler Properties
-�--�— Instr. No. 2003-205747
�
'"PK"" Nail
L4 � S�e t
�`,�
` j v i ,��`.,
1 y�
4s`� ' ��f I�
� �� ���il' II
� � �
�.
�,� ,� I'
e;� .�`,�-.
�, i;' �Y6Y ��
,, �I
I
��
John Henry Bond, Jr �I
et. al. �
Instr. No.. 2004-30989 °��
,1 I
Proposed Variable
Width Slope Easemen
S87'S2'49"W •
S85'35'59"W 16 72. 63' l. R. S.
200.21' I, _ _ L3
--�-- I.R.S. I.R
2' P.F F.0 P
(c M.)
T)'=t : %?I �? � a ;; � ,� s :_ �i: ; s .F�� _: r _d°�-�: 1' L? ,'�%:.t r�; ,r; ;�-,r�
Mason A. Haggard & wife, Wilma Haggard
Vol. 337, Pg. 430 (remainder)
EXHIB IT "B "
Mayhill
Parcel
Road
M134
7.393 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
-- 2012 --
;I �;
1� ��
I �I
I� I �
�I I
1
IL
S
. .R
I�
I
Implied
Dedication
Existing
— Fence
� 15' Gas Easement
� Instr. No. 2008-80418
I Instr. No. 2011-11316
�
N
400 0 200 400
SCALE: 1" = 400'
Bearings shown hereon based on the City of
Denton GIS Network.
NOT'ES:
• I.P.F. _ [ron Pipe Found
� • I.R.F. 1/2" [ron Rod 1=ound
'� • LR S. = 1/2" Iron Rod Set wiih
� yellow cap stamped "Arthur
I O 3 Surveying Company"
�y � • All improvements not shown hereon.
��� � • Easements recorded in Vol. 316, Pg. 8&
� "� Vol. 336, Pg. 182 do not affect this tract
I b
3 � to the best oY my know]edge.
— �, ;5�,�� � Blanket easements recorded in Vol. 354,
i� f'�1 � ���i �; ;t� Pg. 401 & Vol. 520, Pg. 495 include tl�is
� � � , ��,� ' tract.
� '� *k'�'��
��Y ��" LINE TABLE
I � � ���".
, L1 S87°52'49"W 82.76'
r �r;,� ,��� L2 S87°52'49"W 135.32'
� ' `i'' -:�r° L3 NDI °SO'21 "E 10.56'
I !.�3' ';�,'�
� j;°�` L4 N89°43'23"E 135.54'
txisting
Residence
John Henry Bond, Jr et. al.
Instr. No. 2004-30988
CURVE TABLE
# Radius Len Delta Chord
Cl 2068.18' 64.31' 01 °46'S4" NO3°46'00"E 64.31'
C2 1932.50' 71.78' 02°07'41" S03°56'24"W 71.77'
"PK" Nail
Set
� i�
� ¢ ��¢
r'�� ,�. � ,,�,�?3 �' M,>
� W �� tl , b�'`a°" ... � Ld
��3iJf�La"+.`-> L AfiT�i!
µg;�._ � �b3�� � .} �
"4.�'�� ��e
SURVEYORSCERTIFICATION: � � �
The undersigned does hereby cerafy ta Title ��
Resources (G.F. No. ] 02630 & 102640) that this `�
survey was this day made on the ground of [he I
properly legally descri6ed hereon and is correct, and
W the best ofmy knowledge, [6ete aze no visible
discrepancies, conflicts, shorrages in area, boundary
line conflicts, encroachments, ovetlapping of
improvements, easements or rights of way t6a[ I
have beea advised of except as shown hereoa.
rthur Surveying Co., Inc.
Professioaall.and Surveyors
P.O.Boz 54 - Lerrisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
Estatblished 1986
EXHIBIT "A" - to Ordinance (Property Interests)
�. .
� rthur Surveying Co., I nc.
�r°og'es�io.r�� �..a.z�� .Sur�r��-�r�
P.O. Bot 54 -�• L,ewisville, Te�as 75067
011ice;: (972) 221-9439 -� Fax: (972) 221-4675
EXHIBIT "A"
MUNICIPAL USE TRACT
4.508 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515,
City of Denton, Denton County, Texas, and bein� part of that tract of land described by deed to John Henry Bond,
Jr. et al, recorded under Instrument Number 2004-30989, Official Public Records, Denton County, Texas
(O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under
Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows:
BEGINNING at a"PK" Nail set for the southeast corner of said Bond tract (2004-30989) and the northeast corner
of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page
430, Deed Records, Denton County, Texas, and being in Mayhill Road;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and
the north line of said Haggard tract, a distance of 82.76 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (A.S.C.) set for corner;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bo�1d tracts, a distance of 2311.63
feet to a 1/2 inch iron rod with yellow cap sta�nped "ASC" set for corner at the beginning of a curve to the right,
having a radius of 1932.50 feet;
THENCE over and across said Bond tract (2004-30989), with said curve to the right, through a central angle of 02
degrees 07 minutes 41 seconds, whose chord bears North 03 degrees 56 minutes 24 seconds East a distance of 71.77
feet, having an arc length of 71.78 feet to a"PK" Nail set for corner iu the north line of said Bond tract (2004-
30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded under Instrument
Number 2003-205747, O.P.R.D.C.T., same point being in Spencer Road;
THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and
the south line of said Haeussler Properties tract, a distance of 81.24 feet to a"PK" Nail set for the northeast corner
of said Bond tract (2004-30989), same point being in the existing Mayhill Road;
THENCE South 02 degrees 52 minutes 34 seconds West, with the east line of said Bond tracts, a distance of
2380.65 feet to the POINT OF BEGINNING and containing 4.508 acres of land, of which 1.660 acres lie within
existing Mayhill Road and Spencer Road.
.�:�� :�^� �'`����� \
��Q`• �`�.�`a�� �. �s.
A/ t'�, �� 4� ��
v.,........ � a
�` �l-9h1 lYI. �t���,f-�..� �
, - `� • rtt�' ��S���e�� �`'°�{
� � � . :',��rE
V��'
C1107131-19
Parcel M134
Municipal Use tract
EXHIBIT "A" - to Ordinance (Property Interests)
� 1�. :�. �. � �. �, l�, ��. ,��a��:�
�l�str��t I�V�a�al��� ��i �
(Variable Width ROW) �~
SPENCER ROAD �
2" I.P.F. �
(C.M.) ••PK" Nail
0----�--- -- --�---�— Set
N88 56'21 "W LL= _ _ _ — —Cl
155.59� S8 '43'23°W .R. .
1 76. 43'
� ��
New Municipal Use Tract 2.042 ac. (88,949 sq. ft.) � II
Existing Implied Dedication 1.660 aa (72,289 sq. ft.) �
Gas Easement 0.806 ac. (35,117 sq. ft.)
4.508 Acres (196,3s5 sq. ft.) i �I
Municipal Use Tract ���9 �I
� ������ r
�� �� � ��� ��� � �� s
��'� `�°�� ,�'����� I �
� � � � �� � �I
� � �� �� ����� � � �� I
�� �,��D � � ~ �
`� �� I N I
\
Haeussler Properties
Instr. No. 2003-205747
2""PK" Nail
Set
I�
Proposed ROW
� Parcel M134
� Implied
�Dedication
Existing
�---- Fence
� 15' Gas Easement
�Instr. No. 2008-80418
Instr. No. 2011-11316
1
1
I
1
�;
� I 1
� � i ��� �3
� �,, ,, J M
John Henry Bond, Jr N � lo
et. al. I `"
o I� i r°�
Instr. No. 2004-30989 i ��I �
1
� ��•—
� ° I II_�
Ii
�
I
i I
I
S87'5 '49"W �
167 .63' ��
S85'35'S9"W
200.21'
— — — — — I.R.S
2" P. F. F. C. P.
(C.M.)
����a� III���-$� �a��°�re�� �+ 16���°��t IVaanra��a� �4�
Mason A. Haggard & wife, Wilma Haggard
Vol. 337, Pg. 430 (remainder)
EXHIB IT "B "
Municipal Use Tract
4.508 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
-- 2012 --
'I �'
�,
�� �g
IIII� 1
i
1� i
�
�3
O
�
�
-o
N
400 0 Z00 400
SCALE: 1" = 400'
Bearings shown hereon based mi the City of
Denton GIS Network.
NO'1 ES: I
• I.P.F. = Iron Pipe Pound �
• I.R.F. = 1/2" [ron Rod Found �
• LR.S. = 1/2" Iron Rod Set with �
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon.
• Easements recorded in Vol. 316, Pg. 8&
Vol. 336, Pg. 182 do not affect this tract
3 to the best of my knowledge.
� d��� Blanket easements recorded in Vol. 354,
F'�1 ro �.ya$,�� Pg. 401 & Vol. 520, Pg. 495 include this
'= tract.
> �.� ���
� `" ����`�
LINE TABLE
� ���� �' L 1 S87°52'49"W 82.76'
�a�;���' L2 N89°43'23"E 81.24'
�
Existing
Residence
John Henry Bond, Jr et. al.
Instr. No. 2004-30988
"PK" Nail
Set
Radius Len 1� Delta
1932.50' 71.78' 02° 7'41" NI
, � � -�..
�-� � � "�' �-' `�'':",'
e ��
�+���'�j�rt� �'�
� . � . � � _• �,� � �.� � �
r i� � ..��..�"`. :.
d a.� .
�3 �+��ihd li+1, �f�4���..�:
'1I._ a i"�''�.....�.�.��, . .. �
� o�N
SURVEYORS CERTIITCAITON: V �
The undersigned does Lere6y certify to Title w`
Resources (G.F. No. 102630 & 102640) that this � �.
survey was t6is day made on the ground of the ^,
property legally described Hereon and is correct, and 1iv
to the best of my knowledge, there are no visible
discrepancies, conflicts, shor[ages in area, boundary
line conflic[s, encroachments, overlapping of
improvements, easements or rights of way that I
have been advised of except as shown hereon.
rthur Surveying Co., Inc.
Professioaal Land Surveyors
P.O.Boz 54 — Lewisville, Tegas 75067
Office: (972) 221-9439 Faz: (972) 221-4675
Estatblished 1986
EXHIBIT "A" - to Ordinance (Property Interests)
%��
;� �� rthur Surveying Co., I nc.
.�'r�fessic�rs�.F �.��d �u�°s��3rox-s
P.O. Bol 54 - Le�visville. Tezas 7�067
OtYice: (972} 221-9439 �- F�x: (972) 221-4675
EXHIBIT "A"
MAYHILL ROAD
SLOPE EASEMENT
0.804 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number I 515,
City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond,
Jr. et al, recorded under Instrument Number 2004-30989, Official Public Records, Denton County, Texas
(O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under
Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows:
COMMENCING at a"PK" Nail set for the southeast corner of said Bond tract (2004-30989) and the northeast
corner of a tract of land described by deed to Mason A. Haggard and wife, Wilina Haggard, recorded in Volume
337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Road;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and
the north ]ine of said Haggard tract, a distance of 218.08 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (A.S.C.) set for the POINT OF BEGIN1�iING;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and
the north line of said Haggard tract, a distance of 10.02 feet to a point for corner;
THENCE North O1 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004-30989), a distance
of 11.35 feet to a point for corner;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 834.81 feet
to a point for corner;
THENCE North 87 degrees 07 minutes 27 seconds West, over and across said Bond tract (2004-30989), a distance
of 5.00 feet to a point for corner;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tract (2004-30989), a distance
of 1144.51 feet to a point for corner;
THENCE North 00 degrees 22 minutes 33 seconds East, over and across said Bond tract (2004-30989), a distance
of 396.47 feet to a point for corner in the north line of said Bond tract (2004-30989) and the south line of a tract of
land described by deed to Haeussler Properties, recorded under Instrument Number 2003-205747, O.P.R.D.C.T.,
same point being in Spencer Road;
THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and
the south line of said Haeussler Properties tract, a distance of 33.34 feet to a"PK" Nail set for corner in Spencer
Road, same point being the beginning of a non-tangent curve to the left, having a radius of 2068.18 feet;
(continued)
C1107131-19
Parcel M134
Slope Easement
EXHIBIT "A" - to Ordinance (Property Interests)
J
���� rthur Surveying Ca., I nc.
�ro�"esszox��.Y �..ar�c� Sazs-Fr���r�
P.O. Bos 54 -- L,ewisville, Te�as 75067
011ice: (972) 221-9439 �— Fax: (9'72) 221-�1675
THENCE with said curve to the left, over and across said Bond tract (2004-30989), through a central angle of O l
degrees 46 minutes 54 seconds, whose chord bears South 03 degrees 46 minutes 00 seconds West a distance of
64.31 feet, having an arc length of 64.31 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THEIVCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2312.85
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE South O1 degrees 50 minutes 21 seconds West, over and across said Bond tract (2004-30989), a distance
of 10.56 feet to the POINT OF BEGINNING and containing 0.804 acres of land.
� ���.
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. �� � .� . !t�
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C1107131-19
Parcel M134
Slope Easement
EXHIBIT "A" - to Ordinance (Property Interests)
" lA�. �. ]E'. ,� �', �. �, Co. �aar���v
�lb�tra��- 1°yaa��er ��7 I
(Variable Width ROW) �
2��M; SPENCER ROAD ' LS
o---+-- - - - - - - ,�— - - �
N88'S6'21 "W SS '43'23"W �L— _ � -
155.59' I
1 76.43' M �
I N I
N b '
O M'
Z ��
� 0.804 Acre
Slope Easement
(35,041 sq. ft.)
�
9 °� �
���� � ������
�� ��� � ���`�� � II
C��,��� ,�,������ w �
�� � M �
�� ��� i �� �� � ���
,���� o�N
z��
John Henry Bond, Jr ��
et. al. N
Instr. No. 2004-30989 ��
�
�
�
M,
�)
o)
z.
S87'S2'49"W
1672.63' ]
S85'35'S9"W L3
200.21' _ — — L
2" . P. F. F. C. P. --
(C.M.)
���i� ����-l� ��aa°���� ���i�°a��t I���al���° ���
Mason A. Haggard & wife, Wilma Haggard
Vol. 337, Pg. 430 (remainder)
EXHIB IT "B "
Slope Easement
Mayhill Road Project
0.804 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
-- 2012 --
\
Haeussler Properties
-��—Instr. No. 2003-205747
' N�
� Proposed ROW
I ' Parcel M134
Existing
�� Fence
I I
I � 15' Gas Easement
Instr. No. 2008-80418
I � Instr. No. 2011-11316
� I
� I
� �
II ti�
II ��
I alI�
I� I �
��
400 0 200 400
SCALE: 1" = 400'
Bearings shown hereon based on the City of
Denton GIS Network.
NOTES:
• LP.F. = Iron Pipe Found
• LR.P. = 1/2" Iron Rod Found
• I.R.S. = U2" Iron Rod Set with
I � yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown l�ereou.
� 3 • Easements recorded in Vol. 316, Pg. 8&
� � � O Vo1. 336, Pg. 182 do not affect this tract
i � to the best of my knowledge.
-o �,�]��� Blanket easements recorded in Vol. 354,
� a3 ,,a4.�� Pg. 401 & VoL 520, Pg. 495 indude this
� � � �� �$ tract.
�� � ������
�'
� �� ��
� � ��'������
I ��
Existing
Residence
John Henry Bond, Jr et. al.
Instr. No. 2004-30988
CURVE TABLE
# Radius Len Delta Chord
Cl 2068.18' 64.31' Ol°46'S4" S03°46'00"W 64.31'
,�� ��. �� �:�,,`
P. 0. C. ,��.. �,������ �.� �
�. �,�� �. � ,
'•PK" Nail ,�� � �! �� � ;.
Set ° .��y •� � ���
_ � Ri 7R �� � �� o- � f;�.���
. O• L
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SURVEYORS CERTTFICATION:
T3e undersigued does hereby certify to Tide O�
Resources (G.F. No. 102630 & 102640) that ttus A.
survey was this day made on the ground of the • `��
property legally described Lereon and is correct, and n<
to che best of my knowledge, tliere aze ao visi6le 1/�
discrepancies, coaflictc, shortages in area, boundary
Iine conflicts, encroachments, overlapping of
improvements, easements or rights of way that I
l�ave been advised of except as shown hereon.
rthur Surveying Co., I nc.
Fi�oFessional La.aa surveyors
P.O.Boz 54 — Lewisville, Tegas 75067
Office: (972) 221-9439 Fag: (972) 221-4675
Estatblished 1986
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
City Manager's Office
John Cabrales, Jr
�
� �
Consider approval of a resolution approving the naming of the Center for the Visual Arts after
Fred and Patsy Patterson and Roy Appleton, Jr. and declaring an effective date.
BACKGROUND
In October 2013, the Denton Chamber of Commerce requested recognition of Roy Appleton, Jr.
through the naming of a public facility. The Chamber suggested naming the Center for the Visual
Arts (CVA) in his honor to recognize Mr. Appleton's leadership in economic development and
public broadcasting in the City of Denton.
On January 7, 2014, staff discussed this request with the City Council during Work Session and
shared a letter from Ms. Kristin Johnson, President of the Greater Denton Arts Council (GDAC),
stating that the right to name the CVA belonged to the GDAC Board. The Board also had many
questions and wanted time to visit with the City and/or the Chamber to discuss this further. Staff
was directed by the City Council to research the naming rights issue and to facilitate discussion
with GDAC.
On January 17, 2014, staff inet with representatives from GDAC to discuss these issues. It was
determined that GDAC would form a committee to draft some naming guidelines for the Board's
consideration and that a meeting would be requested with the Mayor and representatives from
the Chamber. The GDAC representatives were also informed that staff had started a review of all
contracts between the City and GDAC regarding the CVA, and so far, nothing had been found to
indicate that the City had conveyed the naming rights of the CVA to GDAC. They were asked to
share any document GDAC might posses that contained this conveyance language.
Staff, including the Legal Department, has reviewed all contracts between the City and GDAC
regarding the CVA and found nothing to indicate the conveyance of naming rights to GDAC. As
such, it is staff's opinion that the sole authority to name the CVA belongs to the City Council.
Staff is aware that a meeting occurred between GDAC, the Chamber and the Mayor on February
19, 2014, and a proposed agreement was reached which included naming the CVA after Fred and
Patsy Patterson, and Roy Appleton, Jr. The GDAC Board has proposed to designate the CVA as
the Patterson — Appleton Center for the Visual Arts. They have proposed that all costs incurred
would be paid for by the Chamber of Commerce and/or the City of Denton, including the
installation of an electronic sign on the Bell Avenue frontage.
Agenda Information Sheet
May6,2014
Page 2
On April l, 2014, staff discussed this proposal with the City Council during Work Session. The
Council directed staff to draft a resolution approving the designation of the CVA as the Patterson
— Appleton Center for the Visual Arts.
The City Council adopted a formal policy for the naming of City buildings and facilities in April
2012. The naming policy guidelines provide criteria to be satisfied for the consideration of
naming a City facility after an individual. These guidelines require that the individual under
consideration be deceased, at least five years.
The policy also outlines procedures for naming City facilities, which include the appointment of
a seven-member ad hoc Naming Committee to review the naming request and make a
recommendation to the City Council. In addition, the policy states that all costs associated with
plaques or markers are the responsibility of the requesting party. The Council may choose to
waive any part of the naming policy guidelines by three fourth's vote of the entire City Council.
PRIOR ACTION
January 7, 2014 and April l, 2014, staff presented a Work Session item to the City Council.
FISCAL INFORMATION
The cost of the designation, including two plaques, building signage, and a formal naming
ceremony, is estimated to be $10,000. In accordance with the naming policy, the party
requesting the naming is responsible for all costs associated with markers or plaques unless the
City Council waives this requirement by three fourth's vote of the City Council.
EXHIBITS
l. Denton Chamber of Commerce Naming Request
2. Denton Chamber of Commerce Action Trail
3. Denton Record-Chronicle Editorial
4. Roy Appleton, Jr. — Community Involvement
5. City of Denton Name Application Submission
6. City of Denton Naming Policy
7. GDAC Letter
8. Margaret Chalfant Email
9. Margaret Chalfant March 26 Letter
10. Resolution
Respectfully submitted:
l�a� -
John Cabrales, Jr.
Assistant City Manager
Exhibit 1
C1IAMBER OF
COMMERCE
October 4, 2013
Mrp George Campbell
City Manager
City of Denton
215 East McKinney
Denton, TX 76201
Dear George:
On behalf of the Board of Directors and Past Board Chairs Council of the Denton Chamber of
Commerce, we ask that you please help us initiate the formal process for perpetual public
recognition of Roy Appleton, Jr.
Roy basically represents the last of the key leaders from the Mid-60s era, during which was the
forerunner of what is today the Joint Economic Development Partnership. Among the many
remarning achievements of this period are the Denton State School (State Supported Living
Center), the Federal Emergency Management Agency Region 6 underground installation,
Jostens, Victor (Equipment) Technologies and the successful preservation and transition of
Channel 2, enhancing Denton's presence in North Texas Public Broadcasting, Inc.
At the collective request of the Past Board Chairs, the chamber board voted unanimously
September 26, 2013 to authorize Board Chair Mark Burroughs to determine appropriate
opportunities for naming rights on a local public structure, "not limited to future rmprovements to the
Denton Center for the Visual Arts or the exrsting Civic Center."
We wrll appreciate your guidance and support. Please advise accordingly.
Sincere , ,
�.
Charles W. Carpenter, IOM
Presrdent
Carl Anderson
Russell Bates
Derrell W. Bulls
Hank Dickenson
Richard Hayes
Perry McNeill
.lerry Mohelnitzky
Stan Morton
Ellen Painter
Exhibit 2
lVotes
Past Board Chairs Council
DENTON CHAMBER of COMMERCE
September 25, 2013
Bill Patterson
Phyllis Pittman
Fred Pole
Harold H. Reed, DDS
Randy Robinson
Marty Rivers
Barbara Russell
Priscilla Sanders
.lerry Mohelnitkzy and Carl Anderson initiated a discussion regarding the
accomplishments and cooperative spirit of the 60s in Denton. Noting that Roy
Appleton, .lr. is the only living Past Board Chair of that era, and one of the primary
catalysts of community service during that period, the group agreed that some sort
permanent and physical public acknowledgement of his efforts should be pursued.
The group unanimously concurred and requested that the Denton Chamber board of
directors consider taking appropriate and expeditious action.
Minutes
Regular Monthly Meeting
Board of Directors
DENTON CHAMBER of COMMERCE
September 26, 2013
VOTING DIRECTORS PRESENT (74%):
Mark Burroughs, Chair
Trey Bryson
Glenn Carlton
Amanda Crocker
Carolyn Corporon
Sheri deWet
Russ Ellis
.lim Fykes
.leff King
Larry Parker
Carrell Ann Simmons
Virgil Strange
Sharon Venable
.ludy Willis
Board Chair Burroughs reported that he had met with a group of the chamber's
Past Board Chairs during which an initiative was discussed to pursue perpetual
recognition of ROY APPLETON, Jr. for his service to the community. Fykes moved to
authorize Burroughs to represent the Denton Chamber in pursuing appropriate action
including, but not limited to future improvements to the Denton Center for the Visual
Arts or the existing Civic Center. Venable seconded; the motion carried unanimously.
� ��� � � �I� Exhibit 3
� � �� �
� � � �� G
� �`����° a li �
ome people make a difference
a1_l their lives. Their personal
and busineES lives are con-
duc�ec3 ;uii�a a sense of re-
sponsibiliiy, ca�mt a��,ion, hard-headed
businesa s�r_:,�, F: isiou, co�artesy and
acumen: �2�cause of'�heix integrity and
hacd work, ti.�:�e around them prosper
and grow.
One such person is Roy Appletan Jr.,
who retires as president and general
manager B'h� e•scYay from Dentoaa
Publishing Co. after 44 years. Mr.
Appleton has spent his life in service to
cauntry, his profeasion, community and
church and devotion to his family and
friends.
It would be izupossible to list all his
contributions and the honors reflecting
tliose contribution.s. They have spanned
a lifetime.
His pnblic service be�an as a U.S.
Marine during World War II, where he
fought in Ffisha, Ateutian Islands,
°I'arawa; 5igan, Guam and Iwo Jima,.
.After his di scharge as a corporal, he
returned to This native Texas and the
University of Texas.
E3e came to Denton after his mar-
riage to R/Targie Lee 1Vionroe. While
visiting hi� bride's parents, he heard of
a part-tir7ae job with tlae Denton
Record-Cluronicle and became a
classified advertising salesman in 1�47.
I�e has sei-�ed the paper as advertising
manager, bucia�ess manager, general
n2anager and vi.ce president. Hi�
cledir,ation axid hard work brought the
paper through severai transformatioxis,
including a major expan.eion in the'60s,
a convcrsion to electronic photo
typesetting in tfie'70s and tl�e pio-
neering of f7 �xograghic printing in the
'HQs.
The Texas D�aily Newepaper
Association acl�ssowledged hia can-
tributions to hir� protessioxi with the
1983'�exas aaewspapea• leader of the
year award.
IVSr. r1g�Fleto�a has not been idle in the
civic �°ea1m. f3e laas served ae president
af the I)entan Chamber of Commerce,
Dentan County Uv�ited Way, Denton
Rotary Club and �enton Jaycees. He is
the recipient of i:he chamber's Otie
Fowler Award, one af the highest
bestowed in the city. He fls a
distinguished alumnus of the Univer-
sity of North Texas ancfl an elder of St.
Anelrew Presb,yterinn Cl�.urch.
Benton would not h�.ve educational
ielevision, itg Channel 2, wit�aout 1l�Ir.
Appleton's efiarts and he coa�tinues to
seive an ttae board of North Texas
F'ubiic �roadcasting, Inc. He also pi-
oneered news and advertising on cable
television.
A.s wae said when tlie chamber gav�
the 19710tia F'owler Awas�d, l�?[r. Ap-
pleton is "a cotnmunity leader in every�
sense of t17� wnrd."
We uivite all of liBr. Appleton'a
friends, cowor'�er3, civic associates and
anyone who wants to wish him well to
a public reeeption 5-7 p.m. Thuraday at
the Center for tli� Visual Arts, on the
corner a€E�ickory Street and BeIl
Avenue. Take this opportunity to lzonor
a man wha has honored us al]. with hia
digzuty, honesty and intelligence.
Exhibit 4
ROY APPLETON JR. - COMMUNITY INVOLVEMENT
1957 - WAS HEAVILY INVOLVED ALONG WITH MARVIN RAMEY IN RAISING $100,000 THRU THE
CHAMBER FOR A LAND GIFT AND PUTTING TOGETHER A BOOK OF FACTS IN ATTRACTING THE DENTON
STATE SCHOOL, TODAY KNOWN AS DENTON STATE SUPPORTED LIVING CENTER.
1961- CHAMBER BOARD CHAIR - PROGRAM YEAR BEGAN APRIL 1 CYCLE - SERVED 15 MONTHS
1963 - CHAIRED THE ECONOMIC DEVELOPMENT COMMITTEE TO STUDY DENTON'S GROWTH
POTENTIAL AND PATTERNS.
1964 - PRESENTED THE REPORT RECOMMENDING A THREE-YEAR PROMOTIONAL PROGRAM FOR
INDUSTRIALAND ECONOMIC EXPANSION TO BE ADMINISTERED BYTHE CITY COUNCIL.
1965 - 1967 -TRAVELED TO NEW YORK, CALIFORNIA AND OTHER CITIES AND STATES PROMOTING
DYNAMIC DENTION WITH A PROMOTIONAL VIDEO. SOME OF THE RESULTS WERE AS FOLLOWS FOR
COMPANIES LOCATING IN DENTON TEXAS: 1968-JOSTENS; 1980- PETERBILT; 1982-TETRA PAK
AND VICTOR EQUIPMENT WERE SOME OF THE MAJOR ACCOMPLISHMENTS.
1970'S- ROY WAS DENTON'S LEADER IN THE FIGHT WITH KERA OVER OWNERSHIP OF THE BROADCAST
SIGNAL FOR CHANNEL 2, HE WAS ABLE TO GET NEWTON RAYZOR TO DONATE LAND ON LOOP 288 FOR
THE LOCATION OF THE BROADCAST STATION DENTON WOULD USE. THIS LAND ACQUISITION ENABLED
DENTON TO MEET FCC REQUIREMENTS AND PUSHED THE ENVELOPE WITH KERATO THE POINT WHERE
THEY FINALLY CONTACTED ROY WITH THE OFFER TO PURSUE CHANNEL 2 IN PARTNERSHIP WITH THE
DENTON GROUP. ROY SERVED OVER 10 YEARS AS CO-CHAIRMAN OF THE BOARD FOR NORTH TEXAS
PUBLIC BROADCASTING, INC. WITHOUT HIS EFFORTS DENTON WOULD HAVE BEEN LEFT OUT IN THE
COLD.
WHEN THE LAND ON LOOP 288 WAS NO LONGER NEEDED FOR THE BROADCAST STATION, ROY SAW
THAT IT WAS GIFTED TO THE GREATER DENTON ARTS COUNCIL, WHICH LED TO ADDITIONAL GIFTS
FROM THE RAYZOR FAMILY. THAT LAND WAS SOLD DURING THE PAST YEAR GIVING GDAC THE
FINANCIAL STABILITY FOR A GREAT FUTURE
ROY WAS ALSO THE DRIVING FORCE FOR SECURING THE PARTNERSHIP BETWEEN DENTON PUBLISHING
AND COX COMMUNICATION AND THE LEADING FORCE IN ITS EARLY DEVELOPMENT AND SUBSCRIBER
BUILD-OUT. BOTTOM LINE IS HE BROUGHT PUBLIC AND CABLE TELEVISION TO DENTON.
1977 - INVOLVED IN THE CHAMBER COMMITTEE PROPOSING AN ORDINANCE TO THE CITY COUNCIL
FOR AN ANNUAL FESTIVAL TO CELEBRTATE THE DENTON ARTS, NOW KNOWN AS THE "ARTS & JAZZ
FESTIVAL.
Exhibit 4
1985 - 1987 - WAS INVOLVED IN THE DFW INTRASTATE COMMERCIALTRADE ZONE EXPANSION , AND
TRAVELED TO AUSTIN SPEAKING ON BEHALF OF AND FOR THE BENEFIT OF DENTON.
1970 - HELPED FORM THE MEAN GREEN CLUB FOR THE BENEFIT OF THE UNIVERSITY.
ADDITIONALLY, ROY WAS INVOLVED IN GETTING FEMA TO DENTON. HE HAS SERVED AS EITHER
PRESIDENT OR CHAIRMAN OF THE BOARD IN ROTARY, JAYCEES, UNITED WAY AS WELL AS MANY
OTHER ORGANIZATIONS. HE IS THE OLDEST MEMBER OF ST ANDREWS PRESPYTERIAN CHURCH AND
SERVED AS BOTH ELDER AND DEACON.
HE HAS BEEN HONORED WITH THE CHAMBER'S OTIS FOWLER AWARD AND WASTHE FIRST RECIPIENT
OF THE SMALL BUSINESS PERSON AWARD. UNT HONORED HIM AS A DISTINGUISHED ALMNUS AND THE
TEXAS DAILY NEWSPAPER ASSOCIATION HONORED HIM IN 1983 WITH THE TEXAS NEWSPAPER LEADER
OF THE YEAR AWARD.
Exhibit 5
CITY OF DENTON NAME APPLICATION FORM FOR CITY BUILDINGS,
FACILITIES, LAND, OR ANY OTHER PORTION THEREOF
Please tvne or print clearlv in ink and return to the Citv Mana�er's Office:
2
3
0
5
0
Date of Submittal: December 20, 2013
Individual or Organization Submitting Nomination:
Mayor Mark Burroughs and Council Member James King
Signature of Nominator or Organization Representative:
Point of Contact:
Mayor Mark Burroughs
Address: 215 E. McKinney Street
City, State, Zip: Denton, Texas 76201
Telephone: (940) 349-7717
EmaiL MarkBurroughs(a�cityofdenton.com
Nominee (Check One): Individual � Organization ❑
Recommended Name of City Building, Facility, Land, or Any Portion Thereof:
Annleton_ Jr. Center for the Visual Arts
Location of City Building, Facility, Land, or Any Portion Thereof:
400 E Hickory Street
10. Explanation of why this name should be considered. Please include the individual's
biographical information and vitae or resume. Use additional sheets, if necessary:
Roy Appleton was a key leader for the City of Denton in the mid-1960s. Mr. Appleton's
efforts in economic development, public broadcasting, the arts and public service resulted
in several key accomplishments of that era: the Denton State Su�ported Living Center,
North Texas Public Broadcasting, Inc, FEMA Region 6 underground installation, and the
attraction of major multinational companies to Denton. Please see attached exhibits for
a listin� of additional accomnlishments.
s:\legal\our documentslresolutions\12�naming policy guidelines fo�l�r�s, facilities, land or any portion thereo£doc
RESOLUTION NO. R�O 12-007
A RESOLUTION ESTABLISHING NAMING POLICY GUIDELINES FOR CITY
BUILDINGS, FACILITIES, LAND OR ANY PORTION THEREOF; REPEALING
RESOLUTION NO. R2007-035; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton desires to amend the policy guidelines for naming City
buildings, facilities, land, or any portion thereof; and
WHEREAS, the City Council deems it in the public interest to adopt the revised policy;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The revised City of Denton Naming Policy Guidelines for City Buildings,
Facilities, Land or any Portion Thereof, which is attached hereto and made a part hereof for all
purposes, is hereby approved and adopted.
SECTION 2. All policies inconsistent herewith are hereby repealed, including without
limitation, Resolution R2007-035.
SECTION 3. This Resolution shall become effective immediately upon its passage and
abproval.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
n
I ����.
� ; �,
BY: v'� � __ ��,�1� Q � a
� day of , 2012.
-�\ �, �
�
Exhibit 6
CITY OF DENTON NAMING POLICY GUIDELINES
FOR CITY BUILDINGS, FACILITIES, LAND, OR ANY PORTION THEREOF
I. GENERAL
These policy guidelines are intended to address naming opportunities when a citizen,
group, or organization submits a nomination to name a City building, facility, land, or
any portion thereof. The City Council may initiate the naming of any building, facility,
land, or any portion thereof at its discretion and may apply the following guidelines in
Council initiated naming. The Council may choose to waive any part of this guideline by
three fourth's vote of the entire City Council. These policy guidelines do not address the
naming of streets, fire or police stations, or naming based on advertising.
II. DEFI1vITIONS
Citv Buildings. City owned facilities which are open to the public and used to conduct
City business. Buildings may include, but are not limited to, City Halls, civic/community
centers, conference/convention centers, public libraries, and public utility
buildings/structures.
Citv Facilities. City owned structures, amenities, or features, which are open to the
public and used for City business, or public attractions of any kind, including, but not
limited to, athletic fields, bridges, fountains, gymnasiums, library collections and/or
department's interior and exterior spaces, meeting rooms, picnic shelters, playground
equipment, recreation facilities, swimming pools, tennis courts and basketball courts.
Citv Land. Real estate owned and/or managed by the City, including park property
or other open space areas.
Funded Project. Any project that the City has fully funded prior to the start of
construction.
Non-Funded Proiect. Any project that the City wishes to construct, but for which it
lacks designated funding.
III. NAMING OF A CITY BUILDING, FACILITY, LAND, OR ANY PORTION
THEREOF AFTER AN INDIVIDUAL
It is intended that all the criteria in this section be satisfied when considering naming a
City facility, building, land, or any portion thereof after an individual.
A. Naming After an Individual
1. The individual must be deceased at least five (5) years; and
2. The individual must ha�e been a resident of the City of Denton; and
Exhibit 6
3. The individual must be of good moral character and must not have been
convicted of a felony, or Class A or B misdemeanor; and
4. The individual should have made exceptional contributions to the City of
Denton, the State of Texas, or the United States of America; and the individual's
achievements should represent a lasting legacy to the mission of the City building,
facility, land, or any portion thereof.
B. Naming After an Individual Who Performed Outstanding or Heroic Service
Buildings, facilities, land, or any portion thereof may also be named in memory of
individuals who died in the line of duty serving the City of Denton, the State of
Texas, or the United States of America; or died performing a heroic act, such as
saving the life of another person; or a deceased individual who has made a
significant and lasting contribution to humanitarian causes on a world or national
level. In these instances as appropriate, the City may elect to obtain or attempt to
make contact for approval from living family members of the individual
recommended for having a City building, facility, land, or any portion thereof
named in their honor.
C. Naming After a Foundation, Business, or Organization
1. If consideration is given to naming a City building, facility, land, or any portion
thereof after a foundation, business, or organization, the foundation, business, or
organization considered should have made exceptional local, state, national, or
world contributions; and their achievements should represent a lasting legacy to
the mission of the City building, facility, land, or any portion thereof.
2. In selected instances, a City building, facility, land, or any portion thereof may
be named after a foundation, business, or organization that makes a unique and
extraordinary contribution to the development and or usage of the City building,
facility, land, or any portion thereof being named. The merits and value of each
such naming shall be evaluated on a case-by-case basis.
IV. NAMING A CITY BUILDING, FACILITY, LAND, OR ANY PORTION
THEREOF THROUGH FUND RAISING OR BY PURCHASING NAMING
RIGHTS
1. Any individual for which a City building, facility, land, or any portion thereof
may be named, must be of good moral character and must not have been
convicted of a felony, or Class A or B misdemeanor. Any foundation, business, or
organization must be compliant with all applicable laws, rules and regulations.
2. A City building, facility, land, or any portion thereof may be named as part of
a public fundraising campaign, donation, or by purchasing naming rights. The
City Council may approve other non-monetary donations for naming rights.
Exhibit 6
3. Naming rights for a funded project can be accepted at any point during
construction.
4. A funding agreement for the naming rights of a non-funded project must be in
place prior to start of construction.
5. The required donation to acquire the naming rights of a City building, facility,
land, or any portion thereof shall be substantial as determined by the City Council
on a case-by-case basis.
6. All funds contributed to naming a City building, facility, land, or any portion
thereof will be nonrefundable.
7. In the event a donor fails to meet the total required commitment, the City
Council may reconsider the naming of the City building, facility, land, or any
portion thereof.
8. It should not be assumed that a financial contribution guarantees that a City
building, facility, land, or any portion thereof will be named after an individual or
a business, foundation, or organization.
V. PLAQUES, MARKERS AND MEMORIALS
A. Plaques, marlcers, and memorials that are requested to be located on a City building,
facility, land, or any portion thereof, must be reviewed and approved by the City as to
design and maintenance requirements.
B. Total costs for purchasing plaques, markers, and memorials involved in the naming of
a new City building, facility, land, or any portion thereof, as well as up to five (5) years
of maintenance costs, shall be paid by the nominating individual or organization, unless
City Council waives such funding. This provision has no application in those instances
where the costs of plaques, markers, or memorials are included in the design and
construction costs of a project.
VI. RENAMING OF A CITY BUILDING, FACILITY, LAND, OR ANY PORTION
THEREOF
A. In order to honor the decisions of previous City Councils and descendants of
individuals after whom a City building, facility, land, or any portion thereof are named,
renaming shall typically not occur.
B. If it is determined that circumstances have changed such that the criteria set forth in
III.A.3 or IV.1 is no longer met, the City Council may elect to remove the name from the
City building, facility, land, or any portion thereo£ Further, a City building, facility,
land, or any portion thereof named after a foundation, business, or organization, which
dissolves, is convicted of criminal acts, or for other good and valid reasons, may be
renamed.
3
Exhibit 6
VII. PROCEDURES FOR NAMING CITY BUILDINGS, FACILITIES, LAND, OR
ANY PORTION THEREOF
A. Groups or individuals may submit nominations for naming a City building, facility,
land, or any portion thereof, by submitting a nomination to the City Manager on the
City of Denton Name Application Form For City Buildings, Facilities, Land, or any
portion thereof.
B. The City Manager, upon the receipt of the City of Denton Name Application Form
For City Buildings, Facilities, Land, or any portion thereof shall refer such naming
request to the City Council.
C. The City Council may appoint a seven-member ad hoc Naming Committee to review
the naming request submitted by a citizen or organization. Such committee shall be
nominated by individual Council members. In the event of a City Council initiated
naming, the Council may, if it desires, appoint an ad hoc committee as outlined herein
to investigate and recommend one or more names for Council consideration.
D. At least two additional members of the ad hoc Naming Committee shall be selected
from any impacted advisory or governing board.
E. The name or names submitted will be considered by the members of the ad hoc
Naming Committee. The committee shall be guided by the provisions of this policy
and shall provide a recommendation to the City Council for consideration.
F. The final decision for naming a City building, facility, land, or any portion thereof
shall rest with the City Council.
4
G12�.R1"ER CiENi�C�f`J
F§I�iS �C?�.iIV�IL
400 East Hickory
Denton, TX 76201
Phone(940)382-2787
Fax(940)383-1467
www.dentonarts.com
DIRECTORS
President
Kristin Johnson
Past President
Rita Burleson
Vice Presidents
Roni Beasley
Don Edwards
Jan Hitlman
Secretary
Cathy Kerley
Treasurer
Judy Wiltis
Peggy Capps
Lynne Cox (TAG)
Bob Garrison
Joey Hawkins
Lisa Hill
Kimberly Karl
Andy LaViolette
Deborah McDow
Carolyn Mohair
Karla K. Morton
Joanne Moses
Janet Mulroy
Carot Phillips
David J. Pierce
Michael Upshaw
Olivia Watker
Johnny Williams
Duke York
Executive Director
Margaret Edge Chalfant
��«`�;,,
��{
Exhibit 7
January 6, 2014
Denton City Council Members
215 E. McKinney
Denton, Texas 76201
To the Honorable Members of the Denton City Council,
It has come to the attention of the GDAC Board that the City Council is considering a
request to rename the Center for the Visual Arts.
As you are aware, the right to name the CVA belongs to GDAC. Accordingly, the GDAC
Board has formed a special committee to recommend policies and procedures for the
naming of GDAC facilities.
In keeping with the long-standing relarionship between the City and the GDAC, the GDAC
Board is committed to duly considering any future requests by the City to name any of our
facilities within the application procedures to be deterinined.
Thank you for your attention to this matter.
Respectfully,
Kristin Johnson
President, GDAC
cc: Denton Chamber of Commerce
Atm: Chuck Carpenter
414 W. Parkway
Denton, Texas 76201
Exhibit 8
From: Margaret Chalfant [mailto:exdirCa�dentonarts.com]
Sent: Wednesday, March 26, 2014 11:56 AM
To: Cabrales, John J.; 'Chuck Carpenter'
Cc: Bob Garrison; Carol Kirchoff Phillips; 'Carolyn Mohair'; 'Cathy Kerley'; 'David J. Pierce'; Deborah
McDow; 'Don Edwards'; Duke York; infaC�a mrmaaicqraductians.cam; 'Jan Hillman'; 'Janet Mulroy'; Joanne
Moses; Joey Hawkins; Johnny Williams; 'Judy Willis'; Karla Morton; 'Kimberly Karl'; 'Kristin Staniszewski';
Lisa Hill; Lynne Cox; 'Margaret Chalfant'; 'Michael Schwerin'; 'Michael Upshaw'; Olivia Walker; Peggy
Capps; 'Roni Beasley'
Subject: GDAC Naming Information
John & Chuck-
The Board of the Greater Denton Arts Council supports the request of the Chamber of
Commerce in the re-naming of the CVA to the Patterson — Appleton Center for the
Visual Arts in recognition of the families support of the arts in Denton, TX. All costs
(signage, etc.) incurred in changing the name would be paid for by the Chamber of
Commerce and/or the City of Denton, as they are the initiators of the request. The
Chamber of Commerce and/or the City of Denton shall pay for an electronic sign no less
than four (4) feet by eight (8) feet to be installed on Bell Avenue.
Thank you,
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400 East Hickory
Denton, TX 76201
Phone (940) 382-2787
Fax (940) 383-1467
www.dentonarts.com
� '�RS
President
Kristin Johnson
Past President
Rita Burleson
Vice Presidents
Roni Beasley
Don Edwards
Jan Hillman
Secretary
Cathy Kerley
Treasurer
Judy Willis
Peggy Capps
Lynne Cox (TAG)
Bob Garrison
Joey Hawkins
Lisa Hill
Kimberly Karl
Andy LaViolette
Deborah McDow
Carolyn Mohair
Karla K. Morton
Joaroie Moses
Janet Mulroy
Carol Phillips
David J. Pierce
Michael Upshaw
Olivia Walker
Johnny Williams
Duke York
Executive Director
Margaret Edge Chalfant
Exhibit 9
March 26, 2014
The Honorable Mayor and City Council
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Dear Mayor and Council:
The Board of the Greater Denton Arts Council supports the request of the
Chamber of Commerce in the re-naming of the CVA to the Patterson m
Appleton Center for the Visual Arts in recognition of the families support of
the arts in Denton, TX. All costs (signage, installation, etc.) incurred in
changing the name would be paid for by the Chamber of Commerce and/or
the City of Denton, as they are the initiators of the request. The Chamber of
Commerce and/or the City of Denton shall pay for an electronic sign no less
than four (4) feet by eight (8) feet to be installed on Bell Avenue.
Thank you for your due consideration in honoring two important families
who have been so influential in our city.
BeSt�
� �
Margaret Chalfant
Executive Director
z:\resolu[ions\14\cva resolution.docx
Exhibit 10
RESOLUTION NO.
A RESOLUTION APPROVING THF NAMING OF THE CENTER FOR TI-�E VISUAL �RTS
AFTER FRED AND PATSY PATTERSON AND ROY APPLETON; JR; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, Fred and Patsy Patterson and Roy Appleton, Jr. have a long and distinguished
histoiy of community service in the City of Denton; and
WHEREAS, Fred Pattersou served as a co-chair of the conunittee responsible for i-aising the
capital for the Center for the Visual Arts building, which was completed in 1984; and
WHEREAS, Fred has championed the arts in Denton, serving as chair of the Campus
Theatre Renovation, the chair of the Bayless-Selby House Museum, the co-founder of the annual
festival to celebrate the arts in Denton, now known as the Arts & Jazz Festival, and a co-chair of
the Denton Holiday Lighting festival; and
WHEREAS, Patsy Patterson provided leadersl7ip through her service as a charter member
and president of the Denton Benefit League, president of the Arts Guild, and president of Denton
Cotnmunity Theatre; and
WHEREAS, Fred and Patsy have been acknowledged for their commitment to the arts as
recipients of the Co�ninunity Arts Recognition Award fi•om the Greater Denton Arts Couiicil;
and
WHEREAS, Roy Appleton, Jr., has been a leader in economic developinent in Denton,
serving as the chair of the Chamber of Commerce in 1961, and ti•aveling to New York,
California, and other staies to attract Jostens, Feterbilt, Tetra Pak and Victor Equipinent to
Denton; and
WHEREAS, Roy was a driving force to retain and develop public broadcasting in
Denton, setving as co-chairperson of the board for North Texas Public Broadc�sting, Ine; a11d
WHEREAS, Roy has served the Denton community through his work as president or
chairman of the board in Rotaiy, Jaycees, United Way, and many other community
organizations; and
WHEREAS, Roy is a recipient of the Denton Chamber of Cominerce's Otis L. Fowler
Award, the Texas Newspaper Leader of the Year Award, and has been honored by the University
of North Texas as a distinguished Alumnus; and
WHEREAS, the City of Denton wishes to honor these dedicated civic leaders whose
passion has changed the City in a very visible and positive way; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
Exhibit 10
SECTION 1. The City Council of the City of Denton, in accordance with Resolution No.
R2012-007, does hereby naine the Center for the Vistial Arts the "Patterson-Appleton Center for
the Visual Arts" in honor of Mr. and Mrs. Patterson and Mr. Appleton's many years of
superlative service to their community.
SECTION 2. Any costs associated with plaques, markers, oi� memorials shall be borne
by the City of Denton.
SECTION 3. This resolution shall become effective immediately upon its passage and
approval.
PASS�D AND APPROVED this the day of , 2014
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� �
BY: �� � C +J�r,. �
��,� --� � �- .
Page 2
MARK A. BURROUGHS, MAYOR
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Legal Department
CM/DCM/ACM: Anita Burgess, City Attorney
SUBJECT: Consider adoption of an ordinance of the City Council of the City of Denton
authorizing the City Manager to approve a Settlement Agreement by and between the City of
Denton, Texas and EagleRidge Energy, LLC and EagleRidge Operating, LLC relating to
locations allowed for gas well drilling in the City, limitations on drilling, operational
requirements, gas well site plans, gas well permits, vested rights, and other matters involving
EagleRidge's gas well operations in the City; and further approving a specitic use permit to
allow gas well drilling and production on a property located within a neighborhood residential
mixed use (NRMU) zoning and use district on approximately 2.64 acres generally located south
of Airport Road, east of Interstate 35 west, and west of south Bonnie Brae street (509-0007) and
as to the specific use permit approval, providing for a penalty in the maximuni amount of
$2,000.00 for violations thereof; providing for severability and effective dates.
BACKGROUND:
EagleRidge Energy, LLC and EagleRidge Operating, LLC (collectively "EagleRidge") have
been and are conducting gas well drilling and production activities within the coiporate lin7its
and extraterritorial jurisdiction ("ETJ") of the City pursuant to mineral leases and pursuant to gas
well site plans, gas well development plats, gas well permits, Fire Marshal permits, and other
permits and approvals issued or granted by the City. The City has enacted certain codes, fire
codes, ordinances, and other standards regulating gas well drilling and pi•oduction activities
within its corporate limits. EagleRidge asserts claims of vested rights arising fi•om the City's
issuance of certain permits, whether based on common law or statutes, including, but not limited
to, the right to drill an unlimited number of wells and additional rights arising from Chapter 245,
Texas Local Government Code ("Cha�ter 245") and from Chapter 43, Texas Local Government
Code. The City denies the validity of such rights.
The City and EagleRidge have been involved in litigation concerning the EagleRidge claims and
subsequently entered negotiations regarding EagleRidge gas well drilling and production
operations in the City.
The City desires to limit the number of new wells that EagleRidge may drill on existing pad sites
and to prohibit the drilling of new wells on certain existing pad sites near neighborhoods and
other protected uses, and to provide Denton citizens as much information as possible about gas
well operations. The City also desires to provide cei-tainty as to certain operational requirements,
processing and procedures for gas well permits and site plans and other tnatters relating to
EagleRidge's operations in the City.
The City therefore assigned officials to negotiate toward a global resolution of these matters, and
after many negotiating sessions, offers a potential settlement to the City Council for
consideration. If approved, this settlement agreement would resolve all existing disputes and
will chart a path for future gas well operations in the City as it concerns EagleRidge.
Furthermore, the City Council considered Zone Case No. 509-0007 on January 10, 2012 after
holding a public hearing, but continued the case to allow the City to consummate the drafting of
regulations relating to gas well drilling in the City. In order to resolve all outstanding issues
relating to the EagleRidge matters, the attached Ordinance would grant a specific use permit in
Zone Case No. 509-0007, which property is located within a neighborhood residential mixed use
(NRMU) zoning and use district on approximately 2.64 acres generally located south of airpo�-t
road, east of Interstate 35 West, and west of south Bonnie Brae Street. This property is owned
by the City, but located adjacent to the University of North Texas near Apogee Stadium and
EagleRidge has active wells on the site.
OPTIONS: Approve, deny, or postpone the action.
ATTACHMENTS:
1. Draft Ordinance with Exhibits.
2. "A" Settlement Agreement between City of Denton and EagleRidge Energy, LLC and
EagleRidge Operating, LLC.
3. "B" Legal description of 2.64 acres generally located south of Airport Road, east of
Interstate 35 west, and west of south Bonnie Brae street.
4. "C" Specific Use Site Plan for Zone Case No. 509-0007.
., � - �-. C u J
Anita Burgess
Page 2
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ORDINANCE NO.
CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DENZ'ON AUTHORIZING THE CITY MANAGER TO APPROVE A SETTLEMENT
AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND EAGLERIDGE
ENERGY, LLC AND EAGLERIDGE OPERATING, LLC RELATING TO LOCATIONS
ALLOWED FOR GAS WELL DRILLING IN THE CITY, LIMITATIONS ON DRILLING,
OPERATIONAL REQUIREMENTS, GAS WELL SITE PLANS, GAS WELL PERMITS,
VESTED RIGHTS, AND OTHER MATTERS INVOLVING EAGLERIDGE'S GAS WELL
OPERATIONS IN THE CITY; AND FURTHER APPROVING A SPECIFIC USE PERMIT TO
ALLOW GAS WELL DRILLING AND PRODUCTION ON A PROPERTY LOCATED
WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING AND USF,
DISTRICT ON APPROXIMATELY 2.64 ACRES GENERALLY LOCATED SOUTH OF
AIRPORT ROAD, EAST OF INTERSTATE 35 WEST, AND WEST OF SOUTH BONNIE
BRAE STREET (509-0007} AND AS TO THE SPECIFIC USE PERMIT APPROVAL,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATES.
WHEREAS, EagleRidge Energy, LLC and EagleRidge Operating, LLC (EagleRidge
Operations) have been and are conducting gas well drilling and production activities within the
corporate limits and extraterritorial jurisdiction ("ETJ") of the City pursuant to mineral leases
and pursuant to gas well site plans, gas well development plats, gas well permits, Fire Marshal
permits, and other permits and approvals (EagleRidge Permits) issued or granted by the City; and
WHEREAS, the City has enacted codes, fire codes, ordinances, and other standards (City
Regulations) regulating gas well drilling and production activities within its corporate limits and
asserts that it is entitled to enforce provisions thereof against the EagleRidge Operations within
the corporate city limits; and
WHEREAS, the City asserts that it has the right to apply the City Regulations to the
EagleRidge Operations within the corporate limits of the City; and
WHEREAS, the City desires to limit the number of new wells that EagleRidge may drill
on existing pad sites; and
WHEREAS, the City would like to prohibit the drilling of new wells on certain existing
pad sites in order to minimize impacts on neighborhoods, individuals and other protected uses;
and
WHEREAS, EagleRidge asserts claims of vested rights arising from the EagleRidge
Permits, whether based on common law or statutes, including, but not limited to, rights arising
from Chapter 245, Texas Local Government Code ("Chapter 245") and from Chapter 43, Texas
Local Government Code (all of the vested rights asserted by EagleRidge, including those arising
from Chapter 245, are hereinafter collectively referred to as the "Ea l� eRidge Claims"); and
s:Uegal\our docwnents\ordinances\l4�settiement agreement ti�ith eagierid�e ordinance.doc
WHEREAS, the City and EagleRidge have been involved in litigation concerning the
EagleRidge Claims; and
WHEREAS, such litigation resulted in negotiations between the City and EagleRidge
concerning EagleRidge's future operations in the City; and
WHEREAS, the Parties desire to settle and resolve all disputes arising from or related to
the application of the City Regulations to the EagleRidge Operations; and
WHEREAS, the Parties also desire to resolve that certain zoning matter relating to gas
well operations located within a neighborhood residential mixed use (NRMU) zoning and use
district on approximately 2.64 acres generally located south of airport road, east of Interstate 35
West, and west of south Bonnie Brae Street by approving a specific use permit in Zone Case No.
S09-0007; and
WHEREAS, on Decenlber 7, 2011, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the Specific Use Permit with
conditions of approval; and
WHEREAS, the City Council considered Zone Case No. S09-0007 on January 10, 2012
after holding a public hearing regarding same; and
WHEREAS, the City Council continued Zone Case No. 509-0007 to allow the City to
consummate the drafting of regulations relating to gas well drilling in the City; and
WHEREAS, the City Council finds that the Speciiic Use Permit is consistent with the
Denton Plan and the Development Code; NOW THEREFORE, in consideration of the mutual
covenants, promises, and agreements contained in the attached Settlement Agreement (Exhibit
"A" attached hereto and incorporated herein as though set forth in full), the receipt, adequacy,
and sufficiency of which are acknowledged, the Parties, intending to be legally bound and in the
interest of approving the above referenced Specific Use Permit associated with the EagleRidge
Operations on the site speciiied:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The iindings and recitations contained in the preamble of this ordinance are
incoiporated herein by reference and found to be true.
SECTION 2. The City Council hereby authorizes the City Manager to execute Exhibit
"A" in settlement and resolution of all disputes existing on the effective date of this Ordinance
arising from or related to the application of the City Regulations to the EagleRidge Operations.
Page 2
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SECTION 3. The City Council directs the City Manager to iile a Memorandum of
Settlement Agreement and all required Site Plans associated with Exhibit "A" in the deed records
of the County in order to advise citizens and other impacted persons as to the location of
EagleRidge Operations in the City.
SECTION 4. A Specific Use Permit to allow gas well drilling and production on
property located within a neighborhood residential mixed use (NRMU) zoning and use district
on approximately 2.64 acres (legally described in Exhibit "B") generally located south of airport
road, east of Interstate 35 West, and west of south Bonnie Brae Street is approved in Zone Case
No. S09-0007, subject to the following conditions:
l. The site plan as submitted and shown in Exhibit "C" shall guide the development of gas
welis.
2. The applicant shall install an eight-foot (8') high wood fence along the entire perimeter of
the site. The fence on the eastern side along South Bonnie Brae Street shall include three
(3) brick accent columns. In addition, the applicant shall ensure that the portioiz of the
wood fence located along the southern perimeter is constructed outside the City's
easement or drainage channel.
3. If the wood fence or brick accent columns, or both, are damaged or removed during
drilling, fracturing, completion, workover, production, or other gas well drilling and
production operations, the operator of the gas well shall be responsible for replacing the
damaged or removed portions of the wooden fence and brick accent columns.
4. Any violations of the above conditions may result in the revocation of this SUP in
accordance with Section 35.6.6 of the Denton Development Code.
SECTION 5. The Specific Use Permit Site Plan attached hei•eto and incorporated herein
by reference as Exhibit "C", is hereby approved, as an additional condition of the permit.
SECTION 6. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 7. Any pei•son violating those provisions of this ordinance relating to the
Specific Use Permit shall, upon conviction, be fined a suln not exceeding $2,000.00. Each day
that a provision of this ordinance is violated shall constitute a separate and distinct offense.
SECTION 8. The portions of this oi•dinance relating to the Specifc Use Permit shall
become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby
directed to cause the caption of this ordinance to be published twice in the Denton Record-
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage. The remainder of the Ordinance authorizing the City Manager to approve the
Settlement Agreement with EagleRidge Operations is effective immediately.
Page 3
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PASSED AND APPROVED this the day of , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � � � . -�
MARK A. BURROUGHS, MAYOR
Page 4
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Exhibit B
(Legal Description)
2.64 ACRES
SITUATED in the City of Denton, Denton County, Texas, and being a tract of land in the
EUGENE PUCHALSKI SURVEY, Abstract No. 996, and being a poi-tion of that certain tract
conveyed to Rayzor Investments Ltd. as Ti•act Three, Section l, by deed recorded in Volume
1796, Page 601, of the Denton County Deed Records, and said portion being more fully
described as follows:
BEGINNING at a point in Bonnie Brae Street (a variable width right-of-way) in the east line of
said Rayzor tract and in the west line of that certain tract conveyed to the State of Texas for the
benefit of North Texas State Teachers College by deed recorded in Volume 291, Page 82, of said
Deed Records, at the northeast corner of that certain tract conveyed to the University of North
Texas by deed recorded under Denton County Clerk's File Number 2003-177403, from said
point a"GERRY CURTIS RPLS 1640" capped 5/8" iron rod bears 46.77 feet, South 86 degrees,
56 minutes, 50 seconds West, and 30.06 feet, South 0 degrees, 36 minutes, 25 seconds East;
THENCE South 86 degrees, 56 minutes, 50 seconds West, crossing said Rayzor tract with the
north line of said University of North Texas tract 244.0 feet to the beginning of a curve whose
center bears South 3 degrees, 03 minutes, 10 seconds East, 319.08 feet, from said point a
"GERRY CURTIS RPLS 1640" capped 5/8" iron rod bears South 3 degrees, 03 minutes, OS
seconds East, 30.00 feet;
THENCE southwesterly with said curve and a noi�thwesterly line of said University of Denton
tract, 368.28 feet to a"GERRY CURTIS RPLS 1640" capped 5/8" iron rod for the end of said
curve and an angle point in said University of North Texas tract;
THENCE North 69 degrees, 11 minutes West with the most southerly north line of said
University of North Texas tract, 72.15 feet to a"GERRY CURTIS RPLS 1640" capped 5/8" iron
rod for a point in the east line of Interstate Highway No. 35-W (a variable width right-of-way)
for the northwest corner of said University of North Texas tract, in the west line of said Rayzor
tract, said point being on a curve whose center bears North 77 degrees, 03 minutes, 20 seconds
West, 4024.72 feet;
THENCE northerly with said curve and said line of Interstate Highway No. 35-W for the west
line of said Rayzor Tract, 325.11 feet to the most westerly northwest corner of said Rayzor tract,
in a south line of that certain tract conveyed to the State of Texas as Tract B, in deed recorded in
Volume 348, Page 581, Denton County Deed Records, said point being on a curve whose center
bears North 5 degrees, 41 minutes, 51 seconds West, 617.96 feet;
Page 5
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THENCE easterly with said curve and the southerly line of said State of Texas tract for a
northerly line of said Rayzor tract, 160.58 feet to the southeast corner of said State of Texas tract
and the most northerly northwest corner of said Rayzor tract, said point being in the south line of
that certain tract conveyed to the State of Texas by deed recorded in Volume 348, Page 578, of
said Deed Records;
THENCE South 88 degrees, 28 minutes, 50 seconds East with said south line of State of Texas
tract described in Volume 348, Page 578, for the most northerly line of said Rayzor tract, at
331.55 feet passing a red capped 1/2" iron rod, continuing in all 377.10 feet to a point in Bonnie
Brae Street pavement for the southeast corner of said State of Texas tract and the northeast
corner of said Rayzor tract in the west line of said North Texas State Teachers College tract;
THENCE South 0 degrees 11 minutes, 10 seconds West with the east line of said Rayzor tract
and the west line of said North Texas State Teachers College tract, in said Bonnie Bi•ae Street,
153.27 feet to the PLACE OF BEGINNING and containing 2.6344 acres (114,757 square feet).
Page 6
s:\legal\our documents\ordinances\14\settlement agreement with eagleridge ordinance.doc
Exhibit C
Site Plan
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Page 7
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Economic Development ��
ACM: John Cabrales, Jr.
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving a Second
Amendment to an Economic Development Program Grant Agreement dated June 15,
2010 between the City of Denton and Allegiance Hillview; and providing an effective
date.
BACKGROUND
On June 15, 2010, the City of Denton approved an Economic Development Program
Grant Agreement between the City of Denton and Allegiance Hillview, L.P. (Exhibit 1-
Ordinance 2010-142). A first amendment to the Agreement was approved on September
14, 2010, assigning a portion of the incentive grant payments to RED Rayzor Ranch,
LLC (RED Development) (Exhibit 2— Ordinance 2010-210).
The Grant Agreement executed on June 15, 2010 essentially split the development into
two Phases. Phase 1(Rayzor Ranch Marketplace) has already met the minimum
threshold of 400,000 square feet of retail and has activated incentive payments. Phase 2
(Rayzor Ranch Town Center) is in the early stages of development at this time (site plans
and infrastructure plans are currently under review by the City).
RED Development has made a request to the City for a Second Amendment to the
Agreement. Even with the proposed Second Amendment, the following statements
remain accurate:
l. The Grant Agreement is performance-based only. In other words, if the
development does not succeed in generating new sales tax revenue over the life of
the agreement, they will not receive full reimbursement.
2. The Grant Agreement allows for a 50% rebate on the local portion of sales tax
revenue collected by the City.
3. The Grant Agreement provides a mechanism for reimbursement of public
infrastructure costs only.
The Second Amendment includes the following revisions:
l. TIME-RELATED CHANGES:
a. An extension of time to meet the square footage threshold requirements on
the south side of the development (Rayzor Ranch Town Center) from
January l, 2015 to January l, 2018. This time extension is a critical need
in order for the development to be successful.
Agenda Information Sheet
May 6, 2014
Page 2
b. Splitting the square footage threshold requirement on the south side from
600,000 square feet to 300,000 (initial threshold) and 300,000 (ultimate
threshold). Grant payments will also be split (eligible for $21,000,000 at
initial threshold, and an additional $27,000,000 at ultimate threshold).
This "phasing" protects both the City and the developer from risk In the
event that the developer built less than the full 600,000 square feet, the
total eligible expenses would be reduced by $27,000,000.
c. An extension of the grant term from 240 months to 300 months, on the
grant for the south side of the development only. (NOTE: this allows the
developer more time to receive full reimbursement; however, the
reimbursement remains contingent upon the developer's performance in
years 21-25.)
2. REVENUE-RELATED CHANGES
a. An increase in total eligible costs for the entire project from $62,000,000
to $68,000,000. This increase accounts for new TxDot-related expenses to
change the exit ramp off of Interstate 35 in order to allow more
frontage/improved access to the south side of Rayzor Ranch. This increase
also accounts for up to $3,000,000 in additional carrying costs for
development (since the project was not built on the original estimated
timeline due to the economy). The recovery of these additional costs is
entirely dependent upon the performance of the development, and on those
costs actually being incurred by the developer.
b. A change in the definition of "total taxable sales" to include point-of-sale
purchases and mixed beverage taxes collected by the City as a result of the
Rayzor Ranch development.
3. OTHER CHANGES
a. Dillard's has formally announced their intent to remain at and reinvest in
Golden Triangle Mall. They have also announced their abandonment of a
relocation to Rayzor Ranch. As such, the provisions related to Dillard's
and to Golden Triangle Mall have been removed at the developer's
request.
The amendment maintains the intent of the original agreement, which was approved to
reimburse expenses related to public improvements and that requires performance by the
developer in order to receive reimbursement. Phase 1(Rayzor Ranch Marketplace) was
successful because the City Council phased the agreement in 2010. Further phasing will
help ensure the success of Phase 2(Rayzor Ranch Town Center). Furthermore, Rayzor
Ranch Marketplace has generated net new revenue to the City of Denton in a cumulative
amount of $3,831,605 since the Agreement was executed in 2010 (see table below). The
developer has demonstrated a commitment to Denton and has proven their effectiveness
with Marketplace.
Agenda Information Sheet
May 6, 2014
Page 3
Rayzor Ranch Marketplace Return on Investment
Sales Tax Re�renue
38Q Grant Net 5ales Tax
Revenue
2QI $ i,337,43�.00 $ - $ 1,337,432.00
2QI $ i,31i,65Q.OD � �27,417.Q0 $ 990,Z33.QQ
2Qi3 $ i,6�5,Q4i.OD $ 797,3Q4.0� $ 827,737.OQ
TOT�L $ 4,2�O,I23.OD �
l/al uati �n
1,124r721.�0
I ncremertt �ver 201�
$ 3F155,402.00
Property Tax Reuenue
(inerementj
6�et f�ewr Rerrertue
ESTIMATED SCHEDULE OF PROJECT
S 67�,aQ3.ao
� �,�31,�4�5,�L�
The Rayzor Ranch Town Center is already in the early stages of development. Site plans
for a movie theater and pad sites along Highway 380 have already been submitted to the
City, as well as infrastructure plans. The developer expects the first openings to occur in
mid-2015.
PRIOR ACTION/REVIEW
The Economic Development Partnership Board discussed the proposed Amendment at
their April l, 2014 and March 18, 2014 meetings, and gave staff direction to continue to
pursue the Amendment. The City Council discussed the requested Amendment at their
April l, 2014 and March 4, 2014 meetings, and directed staff to proceed with the
Amendment, as long as the uncertainty over the Dillard's building could be resolved.
Dillard's has now announced their intent to stay at Golden Triangle Mall.
FISCAL INFORMATION
The program grant is performance-based. The developer is requesting an overall increase
in reimbursement from $62,000,000 up to $68,000,000. If the developer is reimbursed the
full $68,000,000 over the life of the grant, the City of Denton will benefit from net new
sales tax revenue of $68,000,000 as well, plus all new ad valorem revenue as a result of
the development. The $68,000,000 is reimbursed over the life of the grant term and will
only be utilized to reimburse eligible public infrastructure improvements as defined in
Exhibit A to the Second Amendment.
Agenda Information Sheet
May 6, 2014
Page 4
EXHIBITS
Exhibit 1— Ordinance 2010-142 - Original Agreement for Rayzor Ranch
Exhibit 2— Ordinance 2010-210 - First Amendment to Agreement
Exhibit 3— Ordinance Approving Second Amendment — will be forwarded under separate
cover
Respectfully submitted:
�'it� � �� �
Aimee Bissett, Director
Economic Development Department
0
s.11egallour documentsb�rdinances\101380 amended agr-allegiance hillview doc
o�nvaNCE No. 2010-142
EXHIBIT 1
AN ORDINANCE APPROVING A CHAPTER 380 ECONOMIC DEVELOPMENT GRANT
AGREEMENT WITH ALLEGIANCE HILLVIEW, LP; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Allegiance Hillview, LP ("Allegiance") has made a request of the City of
Denton ("City") to establish an economic development program under Chapter 380 of the Texas
Local Government ("Chapter 380") to stimulate the development of commercial property within
the City of Denton; and
WHEREAS, on May 15, 2007, the City Council adopted Ordinance No. 2007-113 which
included an Economic Development Grant Agreement (the "Original Agreement") establishing
an economic development program under Chapter 380; and
WHEREAS, on March 10, 2009, the City Council adopted Ordinance No. 2009-064
which amended the Original Agreement (the "Amendment"); and
WHEREAS, Allegiance has requested that certain terms of the Original Agreement, as
amended by the Amendment, be again amended; and
WHEREAS, due to the nature of the requested amendments and to clarify the intent of
the parties, Allegiance and the City desire to enter into a new agreement ("Agreement") with
regard to the economic development grant described herein; and
WHEREAS, it is in the public interest to authorize the approval of the Agreement, which
is attached hereto and made a part of; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The recitals and findings contained in the preamble of this Ordinance are
incorporated into the body of this Ordinance.
SECTION 2. The Mayor, or the Mayor Pro Tem, is hereby authorized to execute the
Agreement on behalf of the City of Denton and to exercise all rights and duties of the City of
Denton under this Agreement, including without limitation the authorization to make the
expenditures set forth in the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the � day of , 2010.
- - -- - �
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s.11eeallour documenulordinancesU O1380 amended agr-allegiance hillview.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~ 1� . -
APPRO ED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: 1, �. � �• a
Page 2
EXHIBIT 1
i�:�:u:���i
THE STATE OF TEXAS §
COUNTY OF DENTON 5
ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH
ALLEGIANCE HILLVIEW, L.P.
This Economic Development Program Crant Agreement (this "A�reement") is made and
entered into by and between ALLEGIANCE HILLVIEW, L.P. ("Grantee"), a New York Limited
Partnership, and the CITY OF DENTON; TEXAS (the "City"), a Texas municipal corporation,
for the purposes and considerations stated below. Grantee and the City are individually referred
to as a"Party" and collectively as the "Parties."
Section 1. Authorization.
This Agreement is made pursuant to the Economic Development Program provisions of
TEXAS LOCAL GOVERNMENT CODE; Chapter 380 (the "Act") to promote local economic
development and to stimulate business and commercial activity in the City.
Section 2. Definitions.
"Eligible Improvements" means any improvements included within the categories
identified on Exhibit A.
"EliQible Phase I Costs" means the actual amounts paid for Eligible Improvements in
Phase 1, including amounts paid for the Highway 380 Improvements.
"Eli�ible Phase lI Costs" means (i) the actual amounts paid for Eligible Improvements in
Phase ll plus (ii) the amount by which the amounts paid for Eligible Improvements in Phase I
exceed $20 million.
"Grantee" means Allegiance Hillview, L.P., and its successors and assigns as permitted
by this Agreement.
Page 1
191510101951 1.2
i�:�:u:���i
"Hi�hway 380 lmprovements" means the reconstruction of US Highway 380 consisting
of two additional lanes (one on the north side and one on the south side of the highway) from the
intersection of US 380 and Bonnie Brae to the intersection of US 380 and the nearest service
road right-of-way for Interstate 35, including utility relocations required by the reconstruction.
"Monthlv Sales Tax Report" means the monthly report received from the Texas State
Comptroller that shows the amount of Total Taxable Sales for a month period.
"Phase t" means the portion of the Property located north of US 380, consisting of
approximately 153 acres described in Exhibit B.
"Phase II" means the portion of the Property located south of US 380, consisting of
approximately 257 acres described in Exhibit B
"Program Effective Date for Phase I" is defined in Section 3 ofthis Agreement.
"Pro�ram Effective Date for Phase II" is defined in Section 3 ofthis Agreement.
"Program Grant for Phase I" means 240 consecutive monthly payments made by the City
to Grantee beginning on the Program Effective Date for Phase [ and continuing for the term of
the Program Grant for Phase I as described in Section 4.1 of this Agreement. Each monthly
payment will be calculated as a percentage of the 1.5% sales tax collected by the City with
respect to Total Taxable Sales in Phase I as reported in the Monthly Sales Tax Report, all as
described in Section 5.1 of this Agreement.
"Program Grant for Phase lI" means 240 consecutive monthly payments made by the
City to Grantee beginning on the Program Effective Date for Phase II and continuing for the term
of the Program Grant for Phase I1 as described in Section 4.2 of this Agreement. Each monthly
payment will be calculated as a percentage of the 1.5% sales tax collected by the City with
respect to Total Taxable Sales in Phase II as reported in the Monthly Sales Tax Report, all as
Page 2
191 �10101951 1.2
EXHIBIT 1
described in Section 5.2 ofthis Agreement
"PropertX" means the approximately 410 acres described on Exhibit B.
"Required Infrastructure for Phase I" means the road and public utility infrastructure
required to obtain final certificates of occupancy for the Retail Improvements or a phased portion
of the Retail Improvements in Phase I, including but not limited to, Highway 380 Improvements
and the road and utilities in Phase I that will be needed to serve the contemplated residential
development at the north of Phase I.
"Required Infrastructure for Phase II" means the road and public utility infrastructure
required to obtain final certificates of occupancy for the Retail lmprovements or a phased portion
of the Retail Improvements in Phase II, including but not limited to the portion of Heritage Trail
located within Phase Il.
"Retail Improvements in Phase I" means a minimum of 400,000 gross square feet (as
measured to the exterior building walls) of retail or commercial shopping center buildings
located in Phase I.
"Retail Improvements in Phase II" means a minimum of 600,000 gross square feet (as
measured to the exterior building walls) of retail or commercial shopping center buildings
located in Phase II, comprised ofthe Town Center (as described by the zoning applicable to the
Property), and other retail development in Phase I1.
"Substantial Completion" means: (i) with respect to the Retail Improvements in Phase I,
when final certificates of occupancy have been issued for the Retail [mprovements in Phase I;
(ii) with respect to the Required lnfrastructure for Phase I, when the Required Infrastructure for
Phase I has been constructed and inspected in accordance with City and TxDot standards, as
applicable, and as required to obtain final certificates of occupancy for the Retail Improvements
or a phased portion of the Retail Improvements in Phase I; (iii) with respect to the Retail
Improvements in Phase Il, when final certificates of occupancy have been issued for the Retail
Page 3
191 �10I 0\9� I I 2
EXHIBIT 1
Improvements in Phase II; and (ivJ with respect to the Required Infrastructure for Phase II, when
the Required Infrastructure for Phase 11 has been constructed and inspected in accordance with
City and TxDot standards; as applicable, and as required to obtain final certificates of occupancy
for the Retail Improvements or a phased portion of the Retail Improvements in Phase fI.
"Total Taxable Sales" means the total amount of all sales from which sales and use tax
are collected from businesses located in Phase 1 or Phase II, as applicable, excluding sales
occurring at any Dillard's, J.C. Penney Co., Macy's, Sears Roebuck and Co., Barnes & Noble,
DSW (Discount Shoe Warehouse); and Ross Dress for Less that locates within the Property and
closes any store located within the retail shopping area commonly known as the "Golden
Triangle Mall."
"TxDot" means the Texas Department of Transportation.
"US 380" means U.S. Highway 380.
Section 3. Terms of Program Grants for Phase I and Phase 11.
3.1. Program Grant for Phase 1. This Agreement shall be effective as of the date
executed by both parties. At any time following execution of this Agreement and following
Substantial Completion of the Required tnfrastructure for Phase 1(but not later than January 1,
2013), Grantee may designate the first day of any month to be the Program Effective Date for
Phase I by providing written notice to the City at least 60 days prior to the designated Program
Effective Date for Phase I. The City will begin making Program Grant for Phase I monthly
installment payments on the designated Program Effective Date for Phase I and shall continue to
make such monthly installment payments for 240 consecutive months as provided by this
Agreement. This Agreement will terminate with respect to the Program Grant for Phase I upon
the earlier to occur of(i) the date Grantee has been paid for the full amount ofthe Eligible Phase
I Costs and the Eligible Phase II Costs, or (ii) 240 months after the Program Effective Date for
Phase 1 regardless ofwhether Grantee has been paid the fiill amount ofthe Eligible Phase I Costs
and Eligible Phase [I Costs.
Page 4
191>1010195112
EXHIBIT 1
3.2 Program Grant for Phase II. This Agreement shall be effective as of the date
executed by both parties. At any time following execution of this Agreement and following
Substantial Completion of the Required Infrastructure for Phase II (but not later than January I,
2015), Grantee may designate the first day of any month to be the Program Effective Date for
Phase II by providing written notice to the City at least 60 days prior to the designated Program
Effective Date for Phase II. The City will begin making Program Grant for Phase II monthly
installment payments on the designated Program Effective Date for Phase II and shall continue to
make such monthly installment payments for 240 consecutive months as provided by this
Agreement. This Agreement will terminate with respect to the Program Grant for Phase II upon
the earlier to occur of(i) the date Grantee has been paid for the full amount ofthe Eligible Phase
II Costs, or (ii) 240 months after the Program Effective Date for Phase I l regardless of whether
Grantee has been paid the full amount ofthe Eligible Phase ll Costs
Section 4. Installment Payments for Program Grants for Phase I and Phase II.
4.1. Program Grant for Phase l. For each month during the term of the Program Grant
for Phase 1, the City agrees, subject to the conditions contained in this Agreement, to make a
Program Grant for Phase ] installment payment to Grantee on or before thirty days following the
City's receipt from the State Comptroller of the Monthly Sales Tax Report indicating Total
Taxable Sales from the businesses located in Phase I. The Program Grant for Phase I installment
payments shall be calculated as provided in Section 5.1 ofthis Agreement. Issuance ofthe first
certificate ofoccupancy by the City to any tenant within Phase I shall be a condition precedent to
the initiation of Program Grant for Phase 1 installment payments. Program Grant for Phase [
installment payments may be withheld at any time if there are delinquent property taxes on any
property owned by Grantee and located in the City, and such installment payments will not be
resumed until such delinquency is cured. Notwithstanding anything contained herein to the
contrary, ifSubstantial Completion ofthe Retail Improvements in Phase I has not occurred on or
before January 1; 2013, the City, in its sole discretion, may cease the Program Grant for Phase I
installment payments and terminate this Agreement as to the Program Grant for Phase I, and
Grantee will refund to the City all Program Grant for Phase I installment payments previously
Page 5
19151010195112
EXHIBIT 1
made. In addition, the City, in its sole discretion, may terminate this Agreement as to the
Program Grant for Phase I if Substantial Completion of the Required Infrastructure for Phase 1
has not occurred on or before January l, 2013.
4.2. Program Grant for Phase I1. For each month during the term of the Program
Grant for Phase II, the City agrees, subject to the conditions contained in this Agreement, to
make a Program Grant for Phase Il installment payment to Grantee on or before thirty days
following the City's receipt from the State Comptroller of the Monthly Sales Tax Report
indicating Total Taxable Sales from businesses located in Phase II. The Pro�ram Grant for
Phase II installment payments shall be calculated as provided in Section 5.2 of this Agreement.
Issuance of the frst certificate of occupancy by the City to any tenant within Phase 11 shall be a
condition precedent to the initiation of Program Crant for Phase II installment payments.
Program Grant for Phase [I installment payments may be withheld at any time if there are
delinquent property taxes on any property owned by Grantee and located in the City, and such
installment payments will not be resumed until such delinquency is cured. Notwithstanding
anything contained herein to the contrary, if Substantial Completion of the Retail Improvements
in Phase ll has not occurred on or before January l, 2015; the City, in its sole discretion, may
cease the Program Grant for Phase II installment payments and terminate this Agreement as to
the Program Grant for Phase II, and Grantee will refund to the City all Program Grant for
Phase II installment payments previously made. In addition, the City, in its sole discretion, may
terminate this Agreement as to the Program Grant for Phase II if Substantial Completion of the
Required Infrastructure for Phase II has not occurred on or before January l, 2015
Section �. Calculation of Installment Payments for Phase I and Phase II.
5.1. Program Grant for Phase I. Program Grant for Phase I monthly installment
payments during the term of the Program Grant for Phase I(as set forth in Section 3.1) shall be
calculated as 50% of the 1.5% sales tax collected by the City with respect to the Total Taxable
Sales from businesses in Phase I as established by the most recent State Comptroller's Monthly
Sales Tax Report. The City's obligation to make such payments is contingent upon the City's
receipt of the Monthly Sales Tax Report; provided, however, if the State Comptroller ceases to
Pa�e 6
1 9 1 510 1 019� 1 12
EXHIBIT 1
issue Monthly Sales Tax Reports, the City and Grantee shall cooperate to arrive at a reasonably
equivalent and mutually agreeable alternative method of computing the Program Grant for Phase
I monthly installment payments. Payments ofthe Program Grant for Phase 1 monthly installment
payments will be used FIRST, to repay Grantee for Eligible Phase 1 Costs up to a maximum of
$20 million and THEN to repay Grantee for Eligible Phase II Costs up to a maximum of �42
million, providing that Phase II installments have been initiated.
Any adjustments resulting from overpayment or underpayment of sales tax by a retail
business located within Phase 1 will be reflected in the monthly Program Grant for Phase I
installment payment in which such overpayment or underpayment was reported by the State
Comptroller. If for any reason the City is required to remit to the State Comptroller sales tax
previously collected on reported sales within Phase l, the next scheduled Program Grant for
Phase 1 installment payment will be adjusted by the amount of overpayment or underpayment.
Should the adjustment result in a negative Program Grant for Phase I installment payment due,
Grantee will remit the balance to the City within 30 days.
�.2. ProQram Grant for Phase I1. Program Grant for Phase II monthly installment
payments during the term of the Program Grant for Phase II (as set forth in Section 3.2) shall be
calculated as 50% of the 1.5% sales tax collected by the City with respect to the Total Taxable
Sales from businesses in Phase I1 as established by the most recent State Comptroller's Monthly
Sales Tax Report. The City's obligation to make such payments is contingent upon the City's
receipt of the Monthly Sales Tax Report; provided, however, if the State Comptroller ceases to
issue Monthly Sales Tax Reports, the City and Grantee shall cooperate to arrive at a reasonably
equivalent and mutually agreeable alternative method of computing the Program Grant for Phase
I[ monthly installment payments. Payments of the Program Grant for Phase II monthly
installment payments will be used to repay Grantee for Eligible Phase II Costs up to a maximum
of $42 million.
Any adjustments resulting from overpayment or underpayment of sales tax by a retail
business located within Phase II will be reflected in the monthly Program Grant for Phase lI
installment payment in which such overpayment or underpayment was reported by the State
Page 7
191�101019>I1.2
�:�:u:���i
Comptroller. If for any reason the City is required to remit to the State Comptroller sales tax
previously collected on reported sales within Phase II, the next scheduled Program Grant for
Phase II installment payment will be adjusted by the amount of overpayment or underpayment.
Should the adjustment result in a negative Program Grant for Phase II installment payment due,
Grantee will remit the balance to the City within 30 days.
Section 6. Other Grantee Obtigations. In consideration of the Program Grant for Phase I
and the Program Grant for Phase II, Grantee agrees as follows:
6.1 The Retail Improvements in Phase I and the Retail Improvements in Phase II shall
be designed and constructed in accordance with the Rayzor Ranch Architectural Guidelines.
6.2 In the event of tenant turnover, Grantee shall diligently seek to obtain quality
retail tenants that are new to the Denton retail market. However, existing Denton retail
businesses shall not be prohibited from leasing retail space at the Property.
6.3 Grantee shall fund the Highway 380 Improvements and shall guarantee funding
by providing the City with an irrevocable letter of credit pursuant to the Development Agreement
for Rayzor Ranch (US 380). Failure to provide the letter of credit will be a default under this
Agreement, and the City may withhold all Program Grant for Phase I and Program Grant for
Phase lI installment payments until an executed letter of credit is received by the City. Should
Grantee receive reimbursement for the Highway 380 Improvements from TxDot, the amount of
such reimbursement shall be deducted from the total amount of the Eligible Costs.
6.4 The Property will not be conveyed during the term ofthis Agreement to any entity
whose ownership of the Property would cause the Property to become exempt from ad valorem
taxes unless an agreement with the City to ensure a program of payments in lieu of ad valorem
taxes has first been agreed upon; provided, however, this Section 6.4 shall not apply to the
property designated for the future museum to be located on the Property, or property designated
for parks or other public uses, including Cook Children's Hospital and the Denton Municipal
Electric substation sites.
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6.5 Grantee has dedicated within the Property all required right-of-way for the future
expansion of Bonnie Brae as a secondary arterial.
6.6 In the event Grantee or any of its affiliates purchases any retail buildings in the
retail shopping area commonly known as the "Golden Triangle Mall," Grantee or its affiliate
shall offer in writing to sell such buildings to FMP Denton, LLC for: (i) the then fair market
value of such buildings as established by a qualified, independent MAI appraiser, or (ii) the
amount of any arms-length offer to purchase such buildings received by Grantee or its affiliate
from any third-party retail user unrelated to Grantee or any of its affiliates, whichever is greater.
Section 7. Audits and Monitoring.
From time to time prior to and after the initiation of the Program Grant Installment Payments for
Phase I, Grantee will submit statement(s) of Eligible Costs for Phase I expenditures. City will
review the statement(s) and within 30 days provide Grantee with a letter, signed by the City
Manager or his designee, notifying Grantee that items on the statement(s) are approved or denied
as "eligible costs" or requesting additional detail if needed to make the determination of
eligibility.
From time to time prior to and after the initiation of the Program Grant Installment Payments for
Phase II, Grantee will submit statement(s) of Eligible Costs for Phase Il expenditures. City will
review the statement(s) and within 30 days provide Grantee with a letter, signed by the City
Manager or his designee, notifying Grantee that items on the statement(s) are approved or denied
as "eligible costs" or requesting additional detail if needed to make the determination of
eligibility.
During the term of this Agreement, the City reserves the right to conduct audits of the sales and
use tax records ofbusinesses located within the Property if, in the sole opinion ofthe City, such
action is determined to be necessary. Grantee agrees upon request to use reasonable efforts to
assist the City in obtaining such records from tenant taxpayers. Failure to provide such
assistance shall be grounds for default; and City may withhold any Program Grant installment
payments until such assistance is provided. During the term of this Agreement, the City will
Page 9
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EXHIBIT 1
keep, or cause to be kept, copies of the Monthly Tax Reports and proper and current books and
accounts in which complete and accurate entries shall be made of the amount of sales taxes
received by the City from the State of Texas attributed to retail sales within both Phase I and
Phase II and such other calculations, allocations and payments required by this Agreement.
During the term, the City shall prepare within 180 days after the close of each fiscal year �f the
City, a complete financial statement for such year in reasonable detail covering the above
information, and shall furnish a copy of such statement to Grantee. Upon the request of Grantee,
and at Grantee's expense, City shall have the annual Program Grant for Phase I and the Program
Grant for Phase I� financial statements prepared by an independent certified public accountant.
Upon request of Grantee, City shall provide copies of City•records related to the Program Grant
for Phase 1 and/or the Program Grant for Phase II to investors, lenders, or other parties
designated by the Grantee.
Section 8. Default. If a party fails to perform any of its obligations under this Agreement
and such failure is not cured within 30 days after written notice, the failure of the non-
performing party to cure within such 30 day period (or to commence to cure if the nature of the
failure cannot reasonably be cured within 30 days) shall constitute a default under this
Agreement and shall entitle the non-defaulting party to all remedies available at law or in equity
(including injunctive relief, specific performance, and suspending or withholding Program Grant
for Phase I or Program Grant for Phase 1[ payments); PROVIDED, HOWEVER, NOTWITHSTANDING
THE FOREGOING, (1) MONETARY DAMAGES SHALL BE LIMITED TO THE AMOUNT NECESSARY TO
ENFORCE SPECIF[C PERFORMANCE OF THE FAILED OBLIGATION; (ii) THE CITY CANNOT
TERMINATE THIS AGREEMENT AS TO PHASE I UNLESS (1) SUBSTA�ITIAL COMPLETION OF THE
RETAIL IMPROVE�tENTS 1N PHASE I DOES NOT OCCUR ON OR BEFORE JANUARY 1, 2013 AS
PROVIDED BY SECTION 4 HEREOF, (2) SUBSTANTIAL C0�17PLETION OF THE REQUIRED
INFRASTRUCTURE FOR PHASE I DOES NOT OCCUR ON OR BEFORE JANUARY 1, 2013 AS
PROVIDED BY SECTION 4 HEREOF, OR (3) GRANTEE IS IN DEFAULT OF ITS OBLIGATIOV TO
PROVIDE THE LETTER OF CREDIT AS PROVIDED BY SECTION 6.3 HEREOF; (lii) THE CITY
CANNOT TERn71NATE THIS AGREEMENT AS TO PHASE II UNLESS (1) SUBSTAi�1T1AL
COMPLETIOIY OF THE RETAIL IMPROVEMENTS IN PHASE II DOES NOT OCCUR OIY OR BEFORE
JANUARY 1, 2015 AS PROVIDED BY SECTION 4 HEREOF, (2) SUBSTANTIAL COMPLETION OF THE
Page 10
i9is�oiovsi i.2
EXHIBIT 1
REQUIRED IIYFRASTRUCTURE FOR PHASE II DOES NOT OCCUR ON OR BEFORE JA(VUARY 1, 2015
AS PROV[DED BY SECTION 4 HEREOF, OR (3) GRANTEE IS 1N DEFAULT OF ITS OBLIGATION TO
PROVIDE THE LETTER OF CREDIT AS PROVIDED BY SECTION 6.3 HEREOF; AND (iv) THE CITY
MAY NOT TERMINATE, WITHHOLD OR SUSPEND PAYMENTS, OR TAKE ANY OTHER REMEDY WITH
RESPECT TO PROGRAM GRANT FOR PHASE I PAYMENTS OR OTHERWISE RELATED TO PHASE I
EXCEPT FOR DEFAULTS RELATED TO PHASE I AND THE CITY MAY NOT TERMIVATE, WITHHOLD
OR SUSPEND PAYMENTS, OR TAKE ANY OTHER REMEDY WITH RESPECT TO PROGRAM GRANT
FOR PHASE II PAYMENTS OR OTHERWISE RELATED TO PHASE II EXCEPT FOR DEFAULTS
RELATED TO PHASE II.
Section 9. Mutual Assistance. The City and the Grantee shall do all things necessary or
appropriate to carry out the terms and provisions of this Agreement and to aid and assist each
other in carrying out the terms and provisions of this Agreement.
Section 10. Indemnity. It is understood and agreed that Grantee in performing its obligations
hereunder is acting independently and the City assumes no responsibilities or liabilities in
connection therewith to third parties and Grantee agrees to defend, indemnify and hold harmless
the City from and against any and all claims, suits, and causes of action of any nature whatsoever
arising out ofGrantee's obligations hereunder. Grantee's indemnification obligations include the
payment of reasonable attorney's fees and expenses incurred by the City in connection with such
claims, suits, and causes of action.
Section 11. Representations and Warranties by the City. The City represents and warrants
that:
l 1.1 The City is a home rule Texas municipal corporation and has the power to enter
into and has taken all actions to date required to authorize this A�reement and to carry out its
obligations hereunder;
Page 1 1
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EXHIBIT 1
1 1.2 The City knows of no litigation, proceedings, initiative, referendum, investigation
or threat of any of the same contesting the powers of the City or its officials with respect to this
Agreement that has not been disclosed in writing to Grantee;
1 I.3 The City knows of no law, order, rule or regulation applicable to the City or to the
City's governing documents that would be contravened by, or conflict with the execution and
delivery of this Agreement;
1 1.4 This Agreement constitutes a valid and binding obligation ofthe City, enforceable
according to its terms, except to the extent limited by bankruptcy, insolvency and other laws of
general application affecting creditors' rights and by equitable principles, whether considered at
law or in equity. Subject to the indemnity provided by Section 10 of this Agreement, the City
will defend the validity of this Agreement in the event of any litigation arising hereunder that
names the City as a party or which challenges the authority of the City to enter into or perform
its obligations hereunder. City recognizes that Grantee intends to commence construction and
expend substantial monies in reliance upon the accuracy of the representation and warranty of �
the City as set forth in this Section 11.
Section 12. Representations and Warranties by Grantee. Grantee represents and warrants
that:
12.1 Grantee is a New York Limited Partnership duly organized and validly existing
under the laws of the State of Texas and is, or will prior to the effective date of this Agreement,
be qualified to do business in the State of Texas; has the legal capacity and the authority to enter
into and perform its obligations under this Agreement;
12.2 The execution and delivery of this Agreement and the performance and
observance of its terms, conditions and obligations have been duly and validly authorized by all
necessary action on its part to make this Agreement;
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EXHIBIT 1
123 Grantee knows of no litigation proceeding, initiative, referendum, or investigation
or threat of any the same contesting the powers of the City, Grantee or any of its principals or
officials with respect to this Agreement that has not been disclosed in writing to the City; and
12.4 Grantee has the necessary legal ability to perform its obligations under this
Agreement and has the necessary financial ability, through borrowing or otherwise, to construct
the Improvements. This Agreement constitutes a valid and binding obligation of Grantee,
enforceable according to its terms, except to the extent limited by bankruptcy, insolvency and
other laws of general application affecting creditors' rights and by equitable principles, whether
considered at law or in equity.
Section 13. Rights of Lenders and Interested Parties. The City is aware that financing for
acquisition, development, and/or construction of the infrastructure and retail improvements
required by this Agreement may be provided, in whole or in part, from time to time, by one or
more third parties, including, without limitation, lenders, major tenants, equity partners and
purchasers or developers of portions of the Property (individually, an "interested Party" and
collectively, "Interested Parties"). In the event Grantee fails to perform any of its obligations
under this Agreement, all notices to which Grantee is entitled under Section 8 ofthis Agreement
shall be provided to the Interested Parties at the same time they are provided to Grantee
(provided the Interested Parties have previously been identified to the City and provided their
notice addresses to the City). If any Interested Party is permitted under the terms of its
agreement with Grantee, to cure the event of default and/or to assume Grantee's position with
respect to this Agreement; the City agrees to recognize such rights of the Interested Party and to
otherwise permit the Interested Party to cure the event of default and to assume all of the rights
and obligations of Grantee under this Agreement. The City shall, at any time upon reasonable
request by Grantee, provide to any Interested Party an estoppel certificate or other document
evidencing that this Agreement is in full force and effect and that no event ofdefault by Grantee
exists hereunder (or, if appropriate, specifying the nature and duration of any existing event of
default). Upon request by any Interested Party, the City will enter into a separate assumption or
similar agreement with such lnterested Party, consistent with the provisions ofthis Section 13.
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EXHIBIT 1
Section 14. Compliance. This Agreement shall be conditioned upon and subject to
compliance with all applicable federal, state and city laws, ordinances, rules and regulations,
including, without limitation, all provisions ofthe Development Code ofthe City ofDenton.
Section 15. Limitation. This Agreement shall never be construed as constituting permission
or authority for development or construction pursuant to Chapter 245 of the Texas Local
Government Code.
Section 16. Entire Agreement; Changes and Amendments. This Agreement constitutes the
entire agreement of the Parties with regard to the subject matter hereof and supersedes and
replaces in their entirety all prior a�reements related to the subject matter hereof including, but
not limited to, that certain "Economic Development Program Grant Agreement with Allegiance
Hillview, LP" executed and effective on or about March 10, 2009, and passed and approved by
City Ordinance No. 2009-064 dated March 10, 2009. Except as specifically provided otherwise
in this Agreement, any alterations or deletions to the terms ofthis Agreement shall be by written
amendment executed by both parties to this Agreement.
Section 17. Successors and Assigns. This Agreement shall be binding on and inure to the
benefit of the Parties, their respective successors and assigns. Grantee may assign all or part of
its rights and/or obligations in or to or under this Agreement as related to Phase 1 and/or Phase II
upon written notice to the City of such assignment. lf an assignee agrees in writing to be bound
by the terms and conditions of this Agreement and executes an amendment to this Agreement,
the assignor shall be released as to the obligations assigned but not as to any obligations or
liabilities ofthe assignor to the City that arose prior to the assignment.
Section 18. Notice. Any notice and/or statement required or permitted to be delivered shall
be deemed delivered five business days after being deposited in the United States mail, certified
with return receipt requested, postage prepaid, addressed to the appropriate party at the following
addresses, or at such other addresses provided by the parties in writing. Any such notice and/or
statement shall also be deemed delivered when delivered by a nationally recognized delivery
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EXHIBIT 1
company (e.g., FedEx or UPS) with evidence of delivery signed by anyone at the delivery
address.
Ifto Grantee:
Allegiance Hillview, L.P.
I 345 Avenue of the Americas - 46`h Floor
New York, New York 10105
Attention: Constantine Dakolias, President
with a co�v to:
Allegiance Hillview, L.P.
5221 North O'Connor Boulevard, Suite 700
lrving, Texas 75039
Attention: Andrew Osborne
If to the Citv:
City of Denton
Attn: City Manager
21 S E. McKinney
Denton, Texas 76201
Phone: 940349.8307
Fax: 940349.8596
With a co�y to:
City of Denton
Attn: City Attorney
215 E. McKinney
Denton, Texas 76201
Phone: 940.349.8333
Fax: 940.382.7923
Section 19. Venue. The obligations of the Parties are performable in Denton County, Texas;
and if legal action is necessary to enforce this Agreement, exclusive venue shall lie in Denton
County, Texas.
Section 20. Applicable Laws. This Agreement is made subject to the provisions of the
Charter and ordinances of City, as amended, and all applicable state and federal laws.
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EXHIBIT 1
Section 21. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws and court decisions ofthe State ofTexas.
Section 22. Benefit of Agreement. This Agreement is executed solely for the benefit of the
Parties and their successors and assigns, and nothing in this Agreement is intended to create any
rights in favor of or for the benefit of any third party.
Section 23. Legal Construction/Partial Invalidity of Agreement. 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.
EXECUTED and effective as ofthe � day of , 2010, by the City, signing by and
through its Mayor, duly authorized to execute same by action of the City Council; and by
Grantee, actin� through its duly authorized officials.
_. - � ,
� �,, F D , TEXAS
4 — -
MARK A. URROUGh , MAYOR
�^
• P, - e
TTEST: ,
P�
JE IFER WALTERS, CITY SECRETARY
APP OVE�A,�TO LEGAL FORM:
U es
ANITA BURGESS, CITY ATTORNEY
Page 16
191 �101019� 1 12
STATE OF TEXAS
COUNTY OF DENTON
S
§
EXHIBIT 1
G RANTEE:
ALLEGIANCE HILLVIEW, L.P., a New York limited
partnership
By: TH GP LLC, a Delaware limited liability
company, d/b/a TH Denton GP LLC in the State of
Texas, its general partner
gy. _
Name: . ����� Usl ,�re��
Tit le: /�c��-It �-ecp S��►�► a'�,wtiy—
ACKNOWLEDGMENTS
��l
This instrument was acknowledged before me on the ��— day of , 2010, by
Mark A. Burroughs, Mayor of the City of Denton, Texas, on behalf of sai � city.
�������"' JANE E. RI
,,;:�p'°�e, CHARDSON
?'. "' Notary Public, State of Texas
'��� ` My Commission Expires
�'%';!�'�;,'..F June 27, 2013
� - --- -- -----__ �
STATE OF TEXAS S
COUNTY OF � 5
tary Public, in and for the State of Texas
My Commission expires: Q �� ��
This instrument was acknowledged before me on the i��day of �uv�G , 2010, by
A-+n�rc� U•5����uP , the �4N�,.�-n��Si-s�;'�'�of TH GP LLC, a Delaware limited liability
company, d/b/a TH Denton GP LLC in the State of Texas, the General Partner of Allegiance
Hillview, L.P.; a New York limited partnership, on behalf of the limited liability company and
limited partnership.
Page 17
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EXHIBIT 1
Notary Public, in and forthe State ofTexas
My Commission expires: ���.3 �' �Q (�
Page 18
„��.,,,
;io;�nrPOB��, DEBORAH VICK
_ _ Notary Public. State of Texas
=s.. :g: My Commission Expires
'%'„EOF�E`,�` October 31, 2013
191�101019�112
EXHIBIT 1
EXHIBIT A
CATEGORIES OF ELIGIBLE IMPROVEMENTS
Categories of Eligible Improvements Estimated Costs
Hwy 380 Improvements $ 8,133, I 50
Site drainage 4,720,750
Regional drainage improvements 2,696,750
Internal commercial roads, including water, sewer, 20;004,064
streetscapes, plazas and amenities
Scripture Road improvements 675,050
Bonnie Brae improvements 1,271,900
Public Parking garage 6,730,375
Major public infrastructure relocation 2,013,650
Miscellaneous fees/services 5,754,31 1
[nterest during construction on non-residential development 10;000,000
TOTAL $62,000,000
The actual cost of any individual Categories of Eligible Improvements may vary from the
Estimated Costs shown on this Exhibit A. Grantee has the right to adjust individual line items of
Estimated Costs of the individual Categories of Eligible Improvements so long as the Total of
$62,000,000 is not exceeded.
Page 19
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E.����,t B
1WETES AND 80UND3, PAR7 01HE AND'PART TWO
4l�.28 ACRFS r1'aTAt)
FRANCIS BATSON SURVEY, ABSTRACT ND. 43
6.B.B. 8 C.R.R. COMPANY SURVEY, A8STI�ACT ND. i92
CITY 8F DENTdN, DENiON.COUNTY, iEXAS
PART ONE
i�:�:u:���i
6ElNG a Uad of land �ltuatetl ln tho Fra�cfs Baison Sunroy, a�s�aa r�to_ a3. 'ra lhe Ciry a1 Denlon.-Oenlon �
Gouniy, Texos, being oil of a pllad 121.arse acra �rac� {desc+ip�cn of sr.�Pttard �+u Trnc4 Trad ?1.
Gescribed in deed tn denlon Hilivlow, LP., racfl.•ded (n DenLOn Caunty Clerk'6 �1ln No: 2t}8:'r427450 0� U'ie
ftaal Aroperty Fi000r�� ol denton County. l'exas, all o� e Collad 0.2254 8cr�9 ir.�r.t.Crmd ij. a pilad 2.1017
otrp Uact (TreCt 2} and n aell8d•2.2Z00 ttcra tra�i {TraG! 3} dosuibed 1n dead lo Quanwm nl Oentan Sel�
Siarnge,.L.P•. racorded in Votumo 502�; Pafl9 01647 ot the Real P�vperiy R�rts ot D�lon County, Teacss,
part of a callod 18.269 aere lrad, dascrihed'in dood to Dantan Pmperty Jdnt Venlure, rtuorded in Oantaf
Cot+nry C1ork's Flle No. 00=R0101370 of tha Reat Proporfy Racards olOQnton Ceurxy, Texns, a�t ot a cai!od
2.999 aa$ It�Gt, desCri6od in deod to Do tia11 PropeMlaS. LW., rocorded tn �enton County C�ort�s flle Na:
2005�-40231 0l lho Real Prvperty R000rds of Dooton Caunty, Taxo5, belnp pan o! a wUeO 8,927T eaa tract e1 -
tand descrl6ed in Doed lo Meaquita Croak Developmant, Inc., racatdod In Vclume 4562; Paga 06$3 oi the
Roal Property Racards of Danlon County, Taxas, and all of LoE 1 01 SANDY'ADC]1T10+�, an addiGai �o Itstt Ciry_
of aonton, Denton Cauniy, Yaxns, according to tha plat tho�eaf recardad in Yotuma 13, Pepa 47 aid Gabinut
J, 5lide 34 B ol tho Ptat Retords oi Denton Caunly, Tezas, arxf beln9 rrtarp P�A&�+IaAy Gasc+ibed by metes
and bounds as fcllow5:
9EGINMING al 0 1/2-inch iran rod loUnd lor tho �oAh end oi a comet CJip at 1ha intorseCtlCn ef IJ19 na[th -•
right�ahwuy linu o� Wast Universlty Dr1ve (U,S. Highway No: 3tlQ, 8 100.T0 (oct wide putrEc riphtof-way) arYi
1ho wast right-of•way lino o( 9orinia B�ae Sliael {a variabl0 width pu�lie tight�of�vsiy) far Ihe mosfoaelerty
wuthescl comor a( �ne boforemont�oned Lot 1 of SANDY ADDtTION;
TNE!!CE wiih lha eomor clip, Soulh 45'48'44' Wnst.,a distanea of 90.93 feet lo a 3!4-inc3i iron rod found for
tomer,
THENCE wilh 1he north riphl•of-way lina of Wesl University Odve. Ihe (ollawinQ a�ursES and dictances in wil:
--Norlh 89•07'2B' Wesl, a disaanca oi 7.73.40 (oot lo a 5J8-Irtch iron ivd wiih 'KHA" cop sol tbr wmer, :
-NOr1h $0'S6'24° West, a dlstnn�a oi 178i _77 foet to a-912-inch !ron rod faund tor Ihe soull:eaet comer of
' Iha �Ilnd �.9277 arn►Usct; .
I THENCE ienving lho nccth rig�t-of-way Ona ot We6t Unkvereiry Drivo wi�h it+o Cast line of the Ci.8217 aero trac�
North 00`23'4Q' East, a dislanw of 276,ap (e91 to a polnf (ar comer,
THENGE cros&inp lhe cotted 8.921 T:acre lr�cl, !h9 ToUaWing caur5a5 and disiancos lo wil:
-•Nor1h 99' 10'S2" Woat, s di Sldnce ol 227.fi1 teet to a 0o1n1 lor oame� "
-Not1h DO'59'35' Eost. a dsta�ta ot 8R.8B (eet !o e point far coirwr - -
-Nortti 89'00'25' Wast, e dlclance oi 290.00 teat lo a Obi�l �arcomer In lhe aasi itno af Lol 1,.8bck A a�
90RTERlANOitUS ADOITION, un addltion to U►e City oT DenWn; aenlon Caunty, Teras, 8ttarding !a Ihe
Plat Ulereof recarded in Cabin0l O, SUda 4S af tlw PL3! ReCaft�S o(Dantari County, rexOS;
Papo } of 6
EXHIBIT 1
TNENC E with 1ho cast lins of Lat 1, Blac3t A ond the �t Gr.e of Loi 2, 81ock A of PpRTERlANDRUS
AbplilON, an atltlilion to Iha Cily of.Danton, Oenlon Counly, Texas, exo�n9 to lha �lat th.�c�.wf ccc,orded in
Cabinet V. Sllde 856 ot U:o Plot Remrds of �anton Counly; Touta, NaM 80'b9'47' We3t, e di51?nc� a1217.71
tee! lo a 5Jg-!n� fron rod wNh 'KHA' cap sei [ot 11u3 norUmast �smor of Lot 2; 9tock n;
-THENCE wilb the nohh and wasi Ilnas o� l.ot Y, Blod� A; Ihe lallwvinp ooufaas ond dl�anr�s to wit:
—North 88'42'36' Wast, a dislance ot 40b.07 foat.lo a 6/8.iirh tron r+od witn'KHA' np.sal forcomer,
—SouU1 U1'29D9"�Wost, a dlsEnnc� of 26.89 lest lo a 5/B-Erxt� Irnn rod with 'tCHA' cap sal !m the
nartheasl camer ol tol 1R, 8fodc 1 of AIViN AND CFWYlOTTE WHAl..EY AODITION, an addition tn Ihn
Ciry of Danta�, Dentan County, Te:as, o�vrdir.� to.lha plal Iho-reot rt�oarded in Cahlr.ot I, Sildo 148 0(
the Pl�t keCOrds of Oanlan County, Tm�ns;
THENCE Igeving Iho wcsi Ilna aT Lal 3, 91ock A of P4RTEWANDRUS ADdITION v�n'ih the r.orth Jin� of Lol iR,
Block 1 0( ALVIN AND CFU1fil�TTE N'HAi.EY ADOITION, Norifi 06'3120' We�t a d'islanco of 3g3,3g teel lo
a 518•Inch iron rod wilh 'NHA' C8p BOt i� li►9�nor1lxtesiarly d�ht-0d�y Ilruf Interslals Highway N0, ]5 (a
varlablo witlth public riphl-obway) (orlhe mo5l noriherty narttnveal comer cl Loi i R, 0bs#c 1 of ALVIN AND
CHARLQT� 4VKALE`! ADDITlOAt;
TH�NGE leaving the ndlh lina o� Lol 1R, Sloak 1 0► ALVIN AND CHRRLOT'TE Y'N-U\�El' AOOITJOPJ wiUi the
n�Ahoasiar�y righ�•a(�way Gne int�rstata Hignway'No, �5, North 16'OT5+S' Was�, a dLStartoe W 632.87 �aat !o a
518dnch Eron rud wlth 'xHA' cap sat �or the couthwest camar ot Cnt 14 of GREENWAY ClUB-ESTATES: an
addilion to the C(ty df Denlan, Donlan County, Toxas, aocflrding to tM1e p:at thereat recor�ed In Vdume 4, -
Pnpe 27 0! the P1at Recards of Oenton Caunry, Texas;
THENCE leaving Ihe norihanstnrly ripfit-of-way Ana (ntsrcl�le Highway Na 35 w+th ttto soulFi and oa..*t Ilrms oi
GRr�NWAY CLUB ESTATES, tho �a�lawing aoursna artti dlstanaos Io wlt �
�Norih'73'7513' East, n dlsiance-of 510.79 feet la e.51t1-1r�lron md with'KHA' capsol kx Itw
Oec�inning o} a airve lo tM3 �ght;
—Easlorly, with tho curve ia lho Agrl, Ihrough a conval ongla af 7fi'47'40', I+avir.g a �asfius a� 345.00 fca1,
and ehord be.aring and dislanco o! NoRh 81'39'OT E05t, t0U.76 feet, an art d351�nae ot t01.13 feet lo a
5I8•fn�h fron rdd wlth 'KNA' cap set tar Iha or�d at Ihe arvo;
—NOM 84'SB'�s3' �asf, o distance of 364A6 [eal �o o5?F!-Inrh iron rod with'ItHA' cap sot torcomer;
—NOrth 00'S7iDA' West, a dkslanw ofA 50.7D feot lo a 5I&indl iron rod wRh'KHA' qp aet for tl�,e
sauihwasl cnmcr ai Lol 1, Btock 10 0l WESTGA;E HEIGH7S, an addteor� lo the City of Oenlon, OenWn
Ceunty, Tsxas, according to !he ptat Nereo! recorded In Cabfna[ E, 5tldo 7B ot the Pl�t Recolds of
Oenlon Coun!y, Ter�as:
THENCE laaving !ho east Ifno of GREENWAY Cl�1B £STAiE5 vrith tho south and eaS! line5 oi W�STGATE
HEIGHTS, lhe fpltowing course5 snd dl6lanc6s ta x+L-
-yoM 89'3737° Eas1, v df�tenco of 40.23 feet lc a 5r&inch iran rod wilh 'KtfA" cap sat for comor,
—South p7'34'S7' Ens1, o dlslancv ot i042.fl9 faal tn a 5f&incl� Iran rod wilh 9(H11' qp seI for cLrqer,
--HOnh 00'J757' Easl, a dEstRnca oi 918.l34 feel Io a 5lD-IrSth Iron rod wifh'KI-U4' cep sel loriho most
nanharly nerthwost oomer af.lhe boforemanllawd 121,4759 aue Und
YHENCE ieavfnq Uur east Ilne of WESTGATE HEIGHTS wiih ihe norfh Gna oi Ihe 121.�l759 acre Uact, South
84't3'S6' Eas� a dtslnnce ot 2067:29 feel to a 5J8-inth hon rod wlUt 'KHA" cap sel in Iha wast �i�ht-0►�+�ay
�ino or 9onn�e er�e sUset:
Page ? ol 6
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EXHIBIT 1
THEHCE 103ving lho :wrSh tine of the 121.4759 aue Irstt with Uie we51 righl-0f�rray Urte at Bonnie Brae 5trnat,
lho (allawinp tbur�es and'd[slances to wit;
—5auth 00'3T'10` West..a d3stanw o11455,38 fo�t to a W8-Inch iron rad wllh'iKHA' � set tot cam�
—SouEh dD'Z8'd5' Wost, a distance of 568.TD feet tuthe POINT OF HBGINNING and contnininp 153.37
acres ofinnd,
Bearinp�syslem ba8ed upon Taicns Stale Plpne Coordinato Sys�am, using manumenls R06101�8 AN�
R061Q0&0.
PART twa
BEIHG e tracf.of fand 5f{uatad in ihe B.B•8. 6 C.R.R. Compuny 5utvey, At�traci Na.192. Ir► tri9 City ol
Dentan. Denion Counly. Towa; bainp part o1 a called 285.@365 erJe Iraa of land (desalplfon ni 5ttephatd
Hall Tract, Tract t�, dascribed In doed lo Oanton Hiliviaw, l.F., ro�rded in Dontan Cc�niy Clark'9 File No.
2005»727450 oi lhe Roal Property Rocords of Oenlon County, 78xas, and al� af tat � of L�TS 1,2.0,3
PEARCYfCHRIST�N AODIT{ON No. 7. an addiUOn to iho Cfty atDentan, Dantan Counry; Toxas, asm�irp.to
the plot thereof mcnrdad in Cabinsf 0, Silde Sd oi lhrs Plal i�eaorda o! DentonCcunly, 7exns, and bCing mao
particularly describc+d by metes antl bcunds os fcllows:
eEGWN1NG al a 518�inch Iren rvd found in Ihe souih-rfghMot-i�ray Itne af West UNversity Drive �U.S. Hlgtwray
hfo. 380, a 100.20 foot wids publie right-ol-way)1ar Iha.��rtharty cammon comer ot Lots 2 and 3 a( Iha
belorert�enlionGd LOTS 1,2,8,3 PEARCY/CHRISTON A001174N;
TNENCE IaOving Iho south tiflkit-0f•way. Ilno of Wosl Unlvorsity Qrivts vriih tho �++�+on firo o1 lals 2 and 3,
Soulh 01'OD'28' Wost, a di�tartice aT 600_Ob (eo1 to a 51�nch Iron rod loimd (ar �ho rauthaAY common oamer
of Lols 2 and 3;
THENCE toaving Iha comman Il�o o� lo�s 2 and 3 with lho sou�h anes ot Lat 2 and Lot 1-C oT LOTS t-A, 4-B.
1-C PEI1ftCYfCFiR15TON-ADDITIQN No. 1, an tiddilion to lhe City � Oenton, Oontnn Caun�y, Texas, ,.
according to the plat thereof �ecorded in Cabinol L, S��do 18� oft�io Plaf Record9 oCDenten County, Te�as,
Sauln 89'4d'3A' Eesl, pflsslnp lho 6oufhoasl comer af Lbt 1=C el a distance ol 7.1 f.� feot and mntinutrq for
a totnl distanc� o� 730.60 teel Io a 5!8-inch Unn iod (ound In the wost rightof-wdy Ifne af 8emlo B�ae Streal (u
va�iOWc widlh publkC right-ol-way) for Ifie mosl eastorly norlh4a�i aomoro! lhB batoremanlionod Z63.8395 "
ouo Ir�tl;
TFiENGE witti Iha wosl rignt-0t-we�y lina of Bonn[e 8rde Slrent, thc faaowiru� oourses end disWne� !o wiL
—$outh 00'SB'64"Wes1, a cilslance of 143D.01: faet to a 6t0•inrh iron �cd with'KHA" cap set (or camar;
--Soulh 00'40'St' West, a 6►stanee ot i �TS.56 feet te a 518-Ir�h iron rod w�th'Kf�1A' cup set tw tlu9
6eginn;ng of a curve to Ihe righl;'
..Soutnwesta�ty: with tha curic lo the rlghl, Ihtouph a tentral engte c( 45'Ol'58". having a tadius o(
321:07 faol, and chort! b�aring and dislanw of Sauth-23'19'47' Wost, 245.91 foel, at� arGdistanco of
252.35 teel to o SfBanah iron rod lound ipr lho boginn[ng ot a revcrae uuve-to the IcR �
-=Snuthwestarty. wllh tha 1he wrva lo Iho lo(t: Ihraugh o central angia a( 57'31'5fi'. huving � re�us o(
39Y:01 (eol, nnd ehad bearing ana di5t�nce oI 3oulh 77'Oa'a8" Wc►at, 3T7.30 !eel, on tuc dlatanco af
393.8] foot lo a 51�-inCh Iron rad lound'kr lha artd of tha r.urvo;
-South t 1`41'10' Eesl,: e dislunco:cf 1U.5T taQf ta a 5!6-Ind, Iran rod found for ih$ nonh ond ot a
camor clip at the inlareeci(an ol iho nnrlFi ripht-Of-way Uno ot 5ciplu�v 5treet{a �r3riaWo widUi pubpc
npnl-oi•wayj and tha wast �ight-ol-wayllne of Bonnta 6eto StroQt;
iNENGE wilh Iho camor dip, SGUth �9'33'50' West, a distonca ot 1t.A8 (eet to a JB�ind� trnn rod tound far
!he sout�� end of IhB Corttor dip:
Pago 3 0! 6
EXHIBIT 1
THENCE wilh.the naAh rlghi-o(-way Ilne of Scripture Str�et, North fsB'St1'00' Wesi, a distanos af t2b5.t6 fee�
lo a 5141nch iron rod lound (n tho south iinQ cf �:e 2&5.B3G5 acne trad:
THENCe leaving Iho narth right-af•wEry lina aJ 5cripW ro 5lroet, ihs tatlo.virq oowSGS e1W dis4inCes to wiL
—Ncrih 0�'O70D' �ast, a dislar.ce o1500AG teel ta a SIl�Inr� Ir9n rod faunD for cr�rncr,
—NOAh �0'b�'00' Wost, a dfslonco 01 �61.b6 te�l to a 51t�ir.oh fion rad (aund for oamor;
—SoutN 01'02�OQ" West, a.dfstence oF 504.46 (eat ln e 5f13-Inch irnn md found En lhe notlh r1gnl�ol•wap
lir.e at SCriDlurv SfiTeel:
THENCE wilh the north riplit-of•arr�y Une of Scripturn SUOOI, lho ldlowinp c�urses und dishvicas to wft
—Narlh 88'58'00' West, a disttsnca o( 318.44 footto a 5J8-and� ir�n rod.wilh''KW1' cep seYtoreamer,
=Norlh 08'48'2G' We�t, e distarco uf A1.73 fae! lo a 5/8-�� iron rod tound �n ttw noAheast�dy
�ighi-o�•way 11ne Inls�sWlo Hiphway No. 3S (a vaiinbfa widih pubtic rl�i-of-wby) n� !he ri«th
riph4of-way llno of 5cd'ptura Strool tor �ha mwl saulhorly souUrwtsst comtir ol U+e 258.G365 oae tract
TH�NCE wilh thp nprU�easlerfy �ight-o(•wiay line Inlers�nle Highwey F1o. 35, iha �aUavirig cairuos ond
eislances !o wf1:
—Nor1h 15'S0'30' Wesl, �r dlstance af 38.32.feet to 0 518inch Iran m4 w(th'KHA" eap sol Icr cortier
—Ftonh 16'Z4'00' Wesl, a distanoe o� 3494.3G ioa! lo a 5latn�h fron icd faund far arner;
—Nonh �4'BO�b" East, a distnnce af 17l.Ot (aeClo u 3•inch �r.�ss diak in conuele fa,rwt fpr Gamar,
—Narth d6'04`11' Easi, a dlstanra of 303.fl5 feet IC a 518-Irx� linn rod fwnd tar corr.er,
—Narth-60'32'22' Es51, e dislance o! 114.22 feol to a 51ELInch f.�on rod tovnd for mmer,
=-North OD'St1'25' Easl; n dislnncFr_of 13.09 fOtll to a tonerele rtmnumont faund tn ihe sauth righ4ofivay
tlno o! Wcst Unlversiry Dnva;. _ •
7HENGE leavtng tho narthenstarty �ighl-of•way tinB Inisratalq Hkphwny No. 35 wilh Iho coulA rghl�af�•ay Nn0
of Wo�l Unf�crsfly Drive, �ha follawFrrg coursaa �nd clslanoes Inwil:
—South OS'56'20' Ea96 a dtstonce of 2a�0.OB fse! la o 5/8-inch trofl roei with'lCHA' cap sei icr carrtar,
—Souih �9'Ot'U7' Enst, a di3tanca of 417,72 fas3llcthe POIKT OF BEGINNING And contalning 258.91
acros of land_
-� -� �earir.g syst�m based upon Tauas SWte Piane Coordirwto Syeiam, uJng monume�+ts R061010a ANO
RO6100Fi0.
Thls documanl w3s preparotl undur 22 TAC §fi63.11, does eat reneu wo iasuns ct an on the pround survay, �
and is nol to bo used lo convay or eslablish fnlerPSt9 in ruol property extepllho.�se riphla and interasts I.rplled �
ar osta6lished by kha c�atton or roconflguratfan of tho boundary of tha polllin! st:bdivisJan fnr wfilc�l il was y
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EXHIBIT 1
PARTON� �53.3TACRE3
FRIINCtS 8+4T30N StlRVEY, ABSTRACT ND. .Q.?
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PART TYYO, �56.91 ACR�S .
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\\codad�departmentsllegallour docu�nents\ordinances\lo�red-auegiance 3so amendment.docx
ORDINANCE NO. ZO 1 O-Z 1 O
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT
TO AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT DATED JUNE
15, 2010 BETWEEN THE CITY OF DENTON AND ALLEGIANCE HILLVIEW,
L.P.,WHICH WAS DULY ASSIGNED, IN PART, TO RED RAYZOR RANCH, LLC; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute an
Amendment to Economic Development Program Grant Agreement (the "Amendmeni�, in
substantially the form of the Amendment which is attached hereto and made a part of this
ordinance for all purposes.
SECTION 2. The City Manager, or his designee, is authorized to exercise the City of
Denton's rights and duties as set forth in the Amendment.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the � day o , 2010.
�, _,
,
' ,
,`� � � ,�`��
MARK A B G , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
i
� j � � �/ ._�%I
EXHIBIT 2
STATE OF TEXAS
COUNTY OF DENTON
FIRST AMENDMENT TO ECONOMIC DEVELOPMENT PROGRAM GRANT
AGREEMENT WITH ALLEGIANCE HILLVIEW, L.P.
THIS FIRST AMENDMENT TO ECONOMIC DEVELOPMENT PROGRAM
GRANT AGREEMENT WITH t�LLEGIANCE HILLVIEW, L.P. (this "Amendment")
made and entered into as of the Y'f�day of September, 2010, but effective as of July 30, 2010,
by and among ALLEGIANCE HILLVIEW, L.P., a New Yorlc limited partnership ("Grantee"),
DB DENTON II LLC, a Delaware limited liability company ("Assi�"), and the CITY OF
DENTON, TEXAS, a Texas municipal corporation (the "C�"), is based upon the following:
A. On June 15, 2010, Grantee and the City entered into a certain Economic
Development Program Grant Agreement with Allegiance Hillview, L.P. (the "A�reement").
B. Pursuant to the terms of that certain Assignment and Assumption Agreement,
dated as of July 30, 2010, between Grantee and Assignee, a fully executed copy of which is
attached to and made a part of this Agreement as Exhibit A(the "Assi�nment and Assumption
Agreement"), Grantee assigned to Assignee, and Assignee accepted from Grantee, a11 of
Grantee's right, title and interest in and to the following arising under the Agreement: (i) all
obligations of Grantee with respect to Phase II (as defined in the Agreement) as set forth in the
Agreement, including, but not limited to, those obligations set forth in Section 6 of the
Agreement which are now the sole obligation of Assignee, (ii) the Program Grant for Phase II (as
defined in the Agreement) and (iii) the rights of "Grantee" to payments of the Program Grant for
Phase I(as defined in the Agreement) monthly installment payments pursuant to, in accordance
with and subject to the terms of the last sentence of the first paragraph of Section 5.1 of the
Agreement after Grantee has received Twenty Million and no/100ths Dollars ($20,000,000.00) in
such payments, provided, that the Phase II monthly installment payments have been initiated
(collectively, the "Phase II Ri�hts and Obligations"). In connection therewith and as set forth in
the Assignment and Assumption Agreement, Assignee agreed to (1) be bound by the terms and
conditions of the Agreement as it relates to the Phase II Rights and Obligations, and (2) timely
perform all of the Phase II Rights and Obligations pursuant to and in accordance with the terms,
provisions and conditions of the Agreement.
C. Pursuant to Section 17 of the Agreement, Grantee has the right to be fully and
completely released from all of the Phase II Rights and Obligations as a result of such
assignment and Assignee's agreement to (i) be bound by the terms and conditions of the
Agreement as it relates to the Phase II Rights and Obligations and (ii) timely perform all of the
Phase II Rights and Obligations pursuant to and in accordance with the terms, provisions and
conditions of the Agreement.
EXHIBIT 2
D. Grantee and the City desire to amend the Agreement to effectuate the release of
Grantee from the Phase II Rights and Obligations as set forth below.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acicnowledged, Grantee, Assignee and the City agree as follows:
1. Grantee and Assignee represent and warrant to the City that the Assignment and
Assumption Agreement has been fully executed and is in full force and effect.
2. Assignee hereby agrees to (i) be bound by the terms and conditions of the
Agreement as it relates to the Phase II Rights and Obligations, and (ii) timely perform all of the
Phase II Rights and Obligations pursuant to and in accordance with the terms, provisions and
conditions of the Agreement.
3. Grantee is hereby fully and completely released from all of the Phase II Rights
and Obligations; provided, however, that Grantee is not released from any obligations or
liabilities of Grantee to the City under the Agreement for Phase I(as defined in the Agreement).
Grantee is not released from any obligations or liabilities of Grantee to the City under the
Agreement for Phase II based solely upon acts or events which occurred prior to the date of the
Assignment and Assurnption Agreement.
4. To the extent of any inconsistency between the terms and provisions of this
Amendment and the Agreement, the terms and provisions of this Amendment will control.
Except as amended by this Amendment, all of the terms, covenants and conditions of the
Agreement are in full force and effect and the Agreement is hereby ratified and confirmed.
5. This Amendment will be binding upon and will inure to the benefit of the parties
to this Amendment and their respective successors and permitted assigns.
6. This Amendment may be executed in one or more counterpart copies, all of which
will constitute and be deemed an original, but all of which together will constitute one and the
same instrument binding on Grantee, Assignee and the City. Delivery by facsimile or electronic
mail of this Amendment ar an executed counterpart hereof will be deemed a good and valid
execution and delivery hereof.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURES APPEAR ON NEXT PAGE.]
2
EXHIBIT 2
Grantee, Assignee and the City have executed this First Amendment to Economic
Deve]opment Program Grant Agreement with Allegiance kiiJlvievv, L.P. on the day and year �rst
above written.
GRANTEE:
ALLEGIANCE HILLVIEW, L.P.,
a New York limited partnership
:
TH GP LLC (dlb/a TH Denton GP LLC,
in the State of Texas), a Delaware limited
liability company
Its:
By:
Nar
Its:
ACKNOWL�pGMENT
STATE OF �NP�Vv�L?.I.L� )
)§
C�UNTY OF �iti )
This instrament was ACKN�WLEDGED before me on �%/ �v ._, 2010, by
M�� �h , the �' . D. 6 of TH GP LLC (d/b/a TH Denton GP LLC, in th� State
of Texas), a Delaware limited liability company, the genera] part r of Allegiance Hillview, L.P.,
a l�'ew York lixnited partnership, on behalf of such limit�d pa�r�iip, �'
[SEAL]
My Corn issi Expir�
OAILI.AND. ] 8663 I 0.4 3
Public
Printed Name of Notary Public
THOMAS SANTORA
Notary Public, State of New York
No.01SA6191079
Glualified in New York County
Commission Expires Aug. 4, 2012
EXHIBIT 2
[SIGNATURE PAGE TO
FIRST AMENDII�NT TO ECON4MIC DEVELOPMENT PROGRAM GRANT
AGREEMENT WITH ALLEGIANCE HILLVIEW, L.P.]
ASSIGNEE:
DB DENTON �� LLC,
a Delaware limited liability company
By: DB Dentan Holdings LLC,
a Delaware limited liability company
Its: Sple A7ember
By: RED Rayzor Ranch, LLC,
a Delaware lir.nited liability corzipany
Its: Managing Member
By: `�
� Michael Ebert �
Tts: Manager
ACKNOVVLEDGMENT
�
STATE OF L— )
r � �
CC�UNTY OF
This instrument was ACKN4WLEDGED before me on , 2010, by
Michael Ebert, the manager �f RED Rayzor Ranch, LLC, a Delaware ]imited liability company,
the managing member of DB Denton Holdings LLC, a Delaware limited liability company, the
sole member of DB Denton II LLC, a Delaware limited liability company, on behalf of such
limited liability company.
�� r� RAMONA ZAPUSIAS
.�A,�,y., Notary Public,State of Arizona
o Maricopa County
My Commisaion Expires
� � February 03, 201•3
[SEAL]
My Cflmmissian Expires:
� �?� -t�
OAKLAI+lD.1866310.4 Q,
�
Notazy Public
Printed Name of Notary Pnblic
EXHIBIT 2
[SIGNATURE PAGE TO
FIRST AMENDMENT TO ECONOMIC DEVELOPMENT PROGRAM GRANT
AGREEMENT WITH ALLEGIANCE HILLVIEW, L.P.]
STATE OF TEXAS
COUNTY OF DENTON
)
)§
)
CITY:
CITY OF DENTO TE
George C. ampbell, City Manager
ACKNOWLEDGMENT
This instrument was ACKNOWLEDGED before me or�dP�Pr►y��/� , 2010, by
George C. Campbell, City Manager of the City of Denton, Texas, on behalf of the City of
Denton, Texas.
Notary Public
Printed Name of Notary Public
[SEAL]
My Commis ion Expires:
����BYPU %�., J�NNIF@R K. WALTEf�S
•�'=°1*� A`'�'= Notary Public, State ot Texas
� ' 7.,= My Commission Expires
N'.
�rl��fOFSE���,, December 19, 2010
�h4una�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
z
BY: ._.�-- i��i
OAICLAND.1866310.4
EXHISIT A
Assignment and Assumption Agreement
[See attached.]
OAKLAND.1866310.4
EXHIBIT 2
EXHIBIT 2
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Assignment"), is entered
into as of July �, 2010 by and between Allegiance Hillview, L.P., a New York limited partnership
("Assignor"), and DB Denton II LLC, a Delaware limited liability company ("Assignee"). Assignor
and Assignee are referred to herein individually as a"Party" and collectively, as the "Parties".
WHEREAS, Assignor has agreed to assign and transfer to Assignee all of Assignor's right, title
and interest in and to the following arising under that certain Economic Development Program Grant
Agreement with Allegiance Hillview, L.P., dated as of June 15, 2010 (the "380 Grant"), by and
between Assignor and the City of Denton, Texas, a Texas municipal corporation (collectively, the
"Phase II Ri�hts and Obli�ations"): (a) all obligations of Assignor with respect to Phase II as defined
and set forth in the 380 Grant, including, but not limited to, those obligations set forth in Section 6 of
the 380 Grant, which shall be the sole obligation of Assignee, (b) the Program Grant for Phase II as
defined and set forth in the 380 Grant and (c) the rights of "Grantee" to payments of the Program Grant
for Phase I(as defined and set forth in the 380 Grant) monthly installment payments pursuant to, in
accordance with and subject to the terms of the last sentence of the first paragraph of Section 5.1 of the
380 Grant after Assignor has received Twenty Million and no/100ths ($20,000,000.00) in such
payments, provided, that the Phase II monthly installment payments have been initiated; and
WHEREAS, Assignor desires to assign to Assignee, and Assignee desires to accept from
Assignor and assume, all of the Phase II Rights and Obligations upon the terms and conditions set forth
in this Assignment and the 380 Grant.
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged,
Assignor and Assignee hereby agree as follows:
1. Assignor hereby conveys, transfers and assigns to Assignee all of the right, title and
interest of Assignor in and to the Phase II Rights and Obligations.
2. Assignee hereby accepts the assignment, transfer and conveyance of all the right, title
and interest of Assignor in and to the Phase II Rights and Obligations, and Assignee assumes,
undertakes and agrees to (a) be bound by the terms and conditions of the 380 Grant as it relates to the
Phase II Rights and Obligations, and (b) timely perform all of the Phase II Rights and Obligations
pursuant to and in accordance with the terms, provisions and conditions of the 380 Grant.
3. Assignor shall indemnify, defend, and hold Assignee harmless from and against any and
all claims, judgments, liabilities, damages, injuries, losses, costs, and expenses whatsoever (including
reasonable attorneys' fees and disbursements) which Assignee may incur, or which may be claimed
against Assignee, by reason of (a) any breach or alleged breach of any of the Phase II Rights and
Obligations occun•ing prior to the date hereof, andlor (b) any obligation owed by, or any liability
incurred by, Assignor with respect to any of the Phase II Rights and Obligations accruing, or arising
out of actions which occur, prior to the date hereof. Assignee shall indemnify, defend, and hold
Assignor harmless from and against any and all claims, judgments, liabilities, damages, injuries,
losses, costs, and expenses whatsoever (including reasonable attorneys' fees and disbursements) which
Assignor may incur, or which may be claimed against Assignor, by reason of (i) any breach or alleged
breach of any of the Phase II Rights and Obligations occurring from and after the date hereof, and/or
(ii) any obligation owed by, or any liability incurred by, Assignee with respect to any of the Phase II
Rights and Obligations accruing, or arising out of actions which occur, from and after the date hereof.
OAKLAND.1868952.7
EXHIBIT 2
4. Nothing in this Assignment, express or implied, is intended or will be construed to
expand or defeat, impair or limit in any way the rights, obligations, claims or remedies of the Parties at
law or in equity.
5. Nothing in this Assignment, express or implied, is intended or will be construed to
confer upon, or give to, any person, other than Assignor and Assignee, any rights, remedies,
obligations or liabilities.
6. This Assignment inures to the benefit of and is binding upon Assignor and Assignee
and their respective successors and assigns. From and after the date of this Assignment, (a) Assignor
agrees that Assignor will not modify or amend, nor take any action to modify or amend, the 380 Grant
with respect to any of the Phase II Rights and Obligations and (b) Assignee agrees that Assignee will
not modify or amend, nor take any action to modify or amend, the 380 Grant with respect to Phase I
(as defined and set forth in the 380 Grant) or the Program Grant for Phase I(as defined and set forth in
the 380 Grant).
7. Assignor and Assignee hereby agree to execute any additional documents or
instruments as the other may reasonably request to carry out or give effect to this Assignment. In such
regard, Assignor and Assignee acknowledge and agree that as soon as reasonably practicable after the
date of this Assignment they will submit to the City of Denton, Texas (the "C�") a signed original
First Amendment to Economic Development Program Grant Agreement with Allegiance Hillview,
L.P. in form and content attached to and made a part of this Assignment as Exhibit A(the
"Amendment") in order to have Assignor released from all of the Phase II Rights and Obligations
under the 380 Grant pursuant to the terms of Section 17 of the 380 Grant. Assignor and Assignee will
each use their commercially reasonable efforts to have the City execute the Amendment as soon as
reasonably practicable after the date of this Assignment.
8. This Assignment may be executed in one or more counterparts, each of which will be
deemed to be an original, but all of which together shall constitute one and the same instrument.
9. A signature to this Assignment delivered by telecopy or other electronic means will be
deemed valid and as effective as delivery in person.
10. This Assignment shall be governed by and construed in accordance with the laws of the
State of Texas.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURES APPEAR ON NEXT PAGE.]
OAKLAND. ] 868952.7 2
EXHIBIT 2
Each of the Parties has caused this Assignment and Assumption Agreement to be duly
executed and delivered by its duly authorized representative as of the date first written above.
ASSIGNOR:
ALLEGIANCE HILLVIEW, L.P.,
a New York limited partnership
By: TH GP LLC (d/b/a TH Denton GP LLC,
in the State ofTexas), a Delaware limited
liability company
Its: General Partner
By: _
Name:
Its:
OAKLAND.1868952.7
OFERATING OFEICER
{W0199362.DOC;}
OAKLAND.1868952.7
EXHIBIT 2
[SIGNATURE PAGE TO ASSIGNMENT
AND ASSUMPTION AGREEMENT BY AND BETWEEN
ALLEGIANCE HILLVIEW, L.P. AND
DB DENTON II LLC]
ASSIGNEE:
DB DENTON II LLC,
a Delaware limited liability company
By: DB Denton Holdings LLC,
a Delaware limited liability company
Its: Sole Member
By: RED Rayzor Ranch, LLC,
a Delaware limited liability company
-2-
Its: Managing Member
� ��
By:
Michael Ebert
Its: Manager
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DIVISION: Planning and Development
ACM: John Cabrales, Jr. �
SUBJECT
Consider approval of a resolution accepting a petition to annex 40.33 acres of land contiguous
to the City of Denton, Texas, located in the northeastern area of the City of Denton's
Extraterritorial Jurisdiction (ETJ); generally located northeast of city limits, on the west side of
Cooper Creek Road approximately 1,200 feet north of Fishtrap Road and 800 feet south of Silver
Dome Road and legally described as being a tract of land situated in the Thomas H. Living
Survey, Abstract No. 729, Denton County, Texas and being all of a tract of land described in the
deed to C.L. Byrom and wife, Anita Byrom as recorded in volume 308 page 264 of the deed
records of Denton County, Texas.
BACKGROUND
Per the petition application, the property owner is Charles Byrom, executor of the Estate of C.L.
Byrom. Mr. Byrom has authorized Randall Smith to represent him in this annexation request.
The subject property is approximately 4033 acres and is adjacent to current city limits on its
north, west, and south edges. The adjacent zoning districts are Neighborhood Residential4 (NR-
4) to the north and west and Neighborhood Residential 6(NR-6) to the south (See Exhibit 3).
The Future Land Use Map in The Denton Plan designates the subject property a Neighborhood
Center (See Exhibit 4). The developer desires to build a single family subdivision across this
entire area and is requesting the annexation for this purpose.
Annexation should be considered when a property is located within the designated urbanizing
area; is expected to accommodate urban growth in the next twenty years; and if the annexation is
contiguous to existing city limits, city roads and rights-of-way. The tract of land being proposed
is located in Denton's ETJ Division l. The subject site is not platted; any subsequent subdivision
or reconfiguration of this tract will be subject to the City's subdivision regulations.
This request is to accept the petition for annexation. If approved, staff will begin the public
hearing process to annex the property. Due to the spacing of the City Council meetings in the
summer of 2014, the first public hearing can occur no earlier than August 5, 2014. Prior to the
public hearing, staff will prepare a service plan for the proposed annexation area. Therefore, the
first reading of the ordinance will be on September 9, 2014. The earliest date that the annexation
can be completed is October 21, 2014 (See Exhibit 5). Based on the timeline presented, staff
does not anticipate a Special Called City Council meeting.
Agenda Information Sheet
May 6, 2014
Page 2 of 2
OPTIONS
l. Approve
2. Approve subj ect to conditions
3. Deny
4. Postpone consideration
5. Table the item
RECOMMENDATION
The Development Review Committee recommends approval of the resolution accepting a
petititon to annex the 40.33 acres of land contiguous to the City of Denton and more fully
described in Exhibit 6.
PRIOR ACTION/REVIEW
No Prior Action.
EXHIBITS
1. Staff Analysis
2. Site Location/Aerial Map
3. Zoning Map
4. Future Land Use Map
5. Annexation Schedule
6. Application
7. Resolution
Prepared by:
:�
Michele Berry
Assistant Planner
Respectfully submitted:
�� -�
��� ��.,��'"f -����
r '
Brian Lockley, AICP, CPM
Planning and Development Director
Exhibit 1
Staff Analysis
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: N/A TYPE: Annexation
CC Date: May 6, 2014 PROJECT #: A14-0001
Project Number:
Request:
Applicant:
Property Owner:
A14-0001
A petition to be annexed by the City of Denton
Randall Smith, 5428 Lake Victoria Ct. Flower Mound, TX 75022
Charles Byrom, Estate of C.L. Byrom, P.O. Box 603 Sanger, TX
76266
Location: The property is generally located north east of City limits, on the
west side of Cooper Creek Road approximately 1,200 feet north of
Fishtrap Road and 800 feet south of Silver pome Road.
Size:
Zoning Designation:
Future Land Use:
Case Planner:
DRC Recommendation:
Summary of Analysis:
40.33 +
N/A
Neighborhood Center
Michele Berry
The Development Review Committee recommends APPROVAL
of the A 14-0001 request.
The request is to grant a petition to annex to a property owner in the City of Denton Extra-
Territorial Jurisdiction (ETJ). The proposed annexation would allow the developer to develop
both the subject property and the adjacent properties that are within City Limits as a single
family subdivision. If annexed, the developer will bring forward a zoning case to establish the
initial zoning on the property. The initial zoning cannot be notice until the property in within
City Limits, as the City does not have zoning jurisdiction in the ETJ.
Annexation should be considered when a property is located within the designated urbanizing
area; is expected to accommodate urban growth in the next twenty years; and if the annexation is
contiguous to existing city limits, city roads and rights-of-way. The tract of land being proposed
is located in Denton's ETJ Division 1 and the petitioner expects to develop the land well within
20 years, The subject site is not platted; any subsequent subdivision or reconfiguration of this
tract will be subject to the City's subdivision regulations.
The developer's current though is to zone the property to match the surrounding properties that
are within the City, Neighborhood Residential4 (NR-4) and Neighborhood Residential6 (NR-6)
The annexation process is regulated by the Texas State Local Government Code. Per Section
43.028 of the Texas Local Government Code municipalities may annex by petition of property
owners if the land is:
(1) That is one half mile or less in width;
(2) That is contiguous to the annexing municipality; and
(3) That is vacant and without residents or on which fewer than three qualified voters reside.
The 40.33 acre subject property meets all three of the above criteria.
The petition must be heard between 5 and 30 days from being filed. Staff received the
completed petition on April 14, 2015 and is bringing it to City Council on May 6, 2014.
If the City Council chooses to grant the petition, then the City may annex the area by ordinance
following procedures outlined in the Texas Local Government Code and City Charter (See
Exhibit 5). This will include more detailed analysis of provision of services for the service plan.
Based on the timeline presented for annexation, staff does not anticipate a special called City
Council meeting. Special called meetings have been necessary in the past to meet state imposed
deadlines.
Develonment Review Committee
Based upon the information provided by the applicant, the Development Review Committee
finds that with the recommended conditions the request IS CONSISTENT with the surrounding
land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS
CONSISTENT with the Denton Development Code.
Based upon the findings-of-fact, the Development Review Committee (DRC) recommends
APPROVAL of A14-0001:
GENERAL NOTES
NOTE: Approval of this request shall not constitute a waiver or variance fi^om any applicable development
requirement unless specifzcallv noted in the conditions of approval and consistent with the Denton
Development Code.
NOTE: All written comments made in the application and subsequent submissions of information made during the
application review process, which are on fzle with the Citv of Denton, shall be considered to be binding
upon the applicant, provided such comments are not at variance with the Denton Plan, Denton
Development Code or other development regulations in effect at the time of development.
Surrounding Zoning Designations and Current Land Use Activity:
Northwest: North: Northeast:
NR-4 NR-4 ETJ
Fann and ranch iin roveinents Fann and ranch iin roveinents Fann and ranch iin roveinents
West: Subject Property: East:
NR-4 ETJ ETJ
Acrea e with or without a. Fann and ranch iin roveinents Fann and ranch iin roveinents
Southwest: South: Southeast:
NR-6 NR-6 ETJ
Acrea e with or without a. Acrea e with or without a. Acrea e with or without a.
S'ource: City of �Uenton Cieog�^aphical Information S'ystem and site visit by City sta�f
Summary of Surrounding Zoning Designations and Current Land Use Activity:
Immediately surrounding the property is acreage with or without agricultural use and farm and
ranch improvements. However, approximately 1,000 feet to the northwest is the Deer Forest
Subdivision. In addition, a pre-application has been submitted for the area to the north east and
south. This area was previously in a General Development Plan and is currently zoned NR-4 and
NR-6.
Comprehensive Plan:
A. Consistency with Goals, Objectives and Strategies
The growth management component of the Denton Plan designates this property as
Urbanizing Extraterritorial Jurisdiction. The Denton Plan also indicates this area is
future residential on the Growth Management Plan. In addition, the Plan calls for
annexation of approximately 15,000 additional acres for single family uses. Since 1999
the City has annexed approximately 20,827 acres. A large portion of this area is the
greenbelt corridor which is not anticipated for suburban single family use. In addition,
other portions will be developed with commercial or industrial uses.
B. Land use analysis
The developer is pursuing the annexation to create one cohesive residential subdivision.
By annexing the property the City ensure that its development regulations are followed.
The development would need to meet all City code and criteria. The City has little
control over the uses permitted, design, or standards if left in the ETJ but the property
may still be developed. In addition, the property is location in an area surrounding by
City limits (See Exhibit 2).
Nearest Elementary, Middle, and High School
Name of School Approximate Distance
From Sub'ect Pro e
Hod e Eleinent 1,300f feet
Strickland Middle 2.4f iniles
R an Hi h School 21f miles
Source: Denton Independent School Distr^ict
Nearest Fire, and EMS Station
Name of Station
Fire/EMS I Fire Station 4
Source: Citv of Denton GIS, Fire Department, and EMS
Water and Wastewater Demand and Capacity:
Approximate Distance From
Sub.ject Property
12.400f feet
Additional analysis of utilities will be provided to draft the service plan if City Council decides
to accept this petition to annex. The developer is generally required to extend services to serve
the proposed property.
Water is available by connecting to, and extending a main from, either the existing 12-inch main
at the Kings Row/ Farris Road intersection, the existing 12-inch main at the Cooper Creek Road/
Mingo Road intersection, or one of the existing 12-inch stubs off the 30-inch main along Loop
288.
Sewer is available via the existing 10-inch gravity main along Cooper Creek Road.
Roadways/Transportation Network:
Additional analysis of utilities will be provided to draft the service plan if City Council decides
to accept this petition to annex.
Cooper Creek Road runs along the east boundary of the subject property and is classified as a
collector road not yet built to class standard per the Mobility Plan. Per the DDC the developer
may be required to make the required improvement. Currently, Cooper Creek Road is
maintained by the County. Annexing the road in addition to the property would put additional
responsibility on the City to maintain the road.
Per the Denton Mobility Plan, Windsor Street is a secondary major arterial that will be extended
through to the subject property and along its northern edge. The developer will dedicate this
Right-of-Way and make improves per the regulations in the DDC.
Environmental Conditions:
A. Surface Water: There are no streams or areas of floodplain on site.
B. Environmentally Sensitive Areas: The subject property is not encroaching into
environmentally sensitive areas (ESAs)
Electric:
There are existing Denton Municipal Electric Lines along the property frontage on Cooper Creek
Road.
Park Facilities:
A. Name of park facilities currently serving this area:
• Clear Creek Natural Heritage Center, approximately 6,800 feet to the northeast
• Cooper Creek Open Space, approximately 5,400 feet to the south
• Avondale Park, approximately 6,500 feet to the west
Exhibit 3
` Zoning Map _
_ �� . � - _ .,,�,,,�. Legen d N .�.<� o, � o. �„ P.�� m�,,,o. �,��, .,.
_SubjectProperty EGC NR-2 RCC-0 � .. Rz^=^e�^•+^ceP•,�•a^�am � � �
A ,.. EC I �.. NR-3 RCC-N W. ' E ..�AmaP.,P��..��m�,,..m.P,�.,o��k<�
CM-E ETJ `a'ra;,�NR4 RCR-1 '°"'"°""`°°"m'°"'°'°"°m`°"°`°"`°°"m
' CM-G �= IC E �� NR 6 .,. RCR-2 er.�o�,.�,�mae.m.< o��,�o.,.�,w�.���o.� l I I S,
': DC-G tE'tr. IC G '�� NRMU RD-5 '
m.�.ra.e,�m.,.�g�.,,m�raxa,..M�.o � t}� ..
= DC-N MF-1 �."� NRMU-12 �' RD-5X S a "� "m" -
DR-1 MPC niwa;tv?x pD 0 185 3�0 �qp m� .. �_��� �����_��
����� DR-2 NR-1 — RC Feet
�.bv � a,@ �. � ..
: Exhibit 4 ,
Future Land Use' Map
_ �'' a�,. � - _ -.,�„��. N .�.<� o, � o. �„ P.�� m�„,o. ,�,� ��, .,.
_ _ _ Legend . . .�� ,o,m.<�o,�MO.�a�o.e., _ �° � _ _ ._
_SubjectProperty Regional Mixed Use Cent r �7 E. � o a��x'� �ea mmp�mep��'p=�p m
Neighborhood Center -+�� EmploymentCenter „r,,,o,,,,,�m„me� p,�„o,�„aeM,�,p„ i I I S'
DowntownUniversiryCore ExisfingLandUse m.�.„,,.,,,„,.,,�g�.,,�„„,xa,,.,.o,.,,,p � t}� '
IndustrialCenter RurelAreas S =_ , .. �
��: CommuniryMixedUseCenter o ias s�o �qp � .. �_��� ����m=�
Feet �.bv � „a,@ ��,�.
Exhibit 5
Annexation Schedule
ANNEXATION SUMMARY SCHEDULE
A14-0001 Annexation
Tues., May 6, 2014 City Council hears petition to Annex
Tues., August 5, 2014 City Council conducts first public hearing.
• Public notice must be no less than 10 days and no more than 20
days before public hearing.
❑ Service Plan prepared and available for public review.
Tues., August 19, 2014 City Council conducts second �ublic hearin�.
• Public notice must be no less than 10 days and no more than 20
days before public hearing.
Tues., September 9, 2014 City Council by a four-fifths vote institutes annexation
proceedings.
First readin� of annexation ordinance.
• Action must be more than 20 days after the second public
hearing but less than 40 days from the first public hearing.
Sun., September 14, 2014 Ordinance published
• The ordinance cannot be acted upon until at least 30 days after
publication.
Tues., October 21, 2014 City Council by a four-fifths vote takes final action. Second
readin� and ado�tion of the annexation ordinance.
• Council action must be more than 30 days after publication of
ordinance and less than 90 days after council institutes
annexation proceedings (adopts ordinance on 1 st reading). The
second reading of the ordinance could be held any time
between October 14, 2014 and December 12, 2014.
Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local
Government Code requires that City Council institute annexation proceedings (lst Reading of the
Ordinance) more than 20 days after the second Citv Council public hearin� but less than 40
days from the first Citv Council public hearin�.
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Exhibit 6
Application
Print Form
City of Denton Development Services Universal Application
(Incomplete applications will be rejected)
❑ Alternative Development Plan ❑ Preliminary Plat* ❑ Tree Removpl Permit
❑ Amending Plat: Final* or Preliminary* ❑ Replat ❑ Zoning Change
❑ Comprehensive Plan Amendment ❑ Specific Use Permit ❑ Zoning Variance (ZBA)
❑ Conveyance Plat* ❑ Street Tree Master Plan � TX DOT Permit
❑ Final Plat* � Subdivision Variance ��� Other ����.��: � i���_'��
PROJ�CI' [iV����VIA"fi�GV: --- -- - -
j�'P��rs+� ��rrr�ale�� ��r��r ��l�o j
❑ Residential ❑ Commerclal p Property Platted ❑ Property Not Platted '` ETJ
Project Name: �'�� i�A �� ��rcel�s� Tax ID# (Required) ����� ��
.� u..tl, �- • �
.,,
Project Address (Location): � ��� ��� � ���"��` � .� �� �� ���� � , Total Acres "� �
Previous Project Number (If Applicable) �'�� ���"
�
Brief Description of Proj�c�. � �� �'�� �" r�� �,�`� .�^ � � �'�� �.,F ,�°' , ° ��'����c
Existing Zoning _ �# of Existing Lots # of Existing Units
Proposed Zon�r���',�_'��°��� �'°� of Proposed Lots # of Proposed Units
&�� �, II �= II��" 'S �*, �_� ,
Address:
:> �
�
primary cc�nirzcC; �l��rse ensure
Company Name:
�ity. �� � C. � �� �u. �3 �����, � f'� �� StaLi.,��� �� � � d� ��� i
— . �. P:� . - �..w...�.
Phone � �`,� "_�.��' `"_��„�',� �� ��11 Number: �ax:
Email Address: `� ��' ����d �" � `� � i � �����+�� ��`� � � � '
-s�---- � F � ,
�.�... ._�._�
�R�PEF�TY aWNEIi INFCIRIVIA7`ItiN: (I� ease ensure emai a ress ls egi e.
Name: � � '�� r��- __�� �� � � Company Name:
Address: � �° �� �� �%��' �� � - ----- ��iy. .�� ,.��� 4��� �� � '�t�t�;� Zi�: � � r� > ��
Phone Cell Number:
Email Address:
❑DEVELOPER �'ENGINEER ❑ SURVEYOR INFORMATION: (Please ensure email address is Iegible.J
N�m�; � ��' �°�,.t�N N�. l.L Company Name; CYZA �EGc, C2ANNECC d-1��.�7`�N
Address: 7_ 57�1 0 c'cT/N RdAr� �ZS�9 City: �lG/�iC.�NO y/C��G�tate:�!� Zip: %�
Phone 9 i 2 (o °J I(. 4 3 3 Cell Number: Fax: �7 2 (e °I f(e io Z g
Email Address: �� �� � CCM.— E_ N C� _�o �
By signing this applltatlon, staff is granted access to your property to perform work related to your
case. Each slgnature must be notarized.
SIGNATURE:
(Letter of authorization required if signature is other than property owner)
For Plats Only: Thls waiver must be completed for all Plat applications; failure to do so will result in the rejection of
your applleatlon.
I waive the sk�t�atra�+-tir��� in��ts ��s:���°d��7r; with Section 212 of the Texas Local Government Code.
t` 1`
SIGNATURE: : '�,� ��� ���: „���,;�� ��� � �, ,
(L�t��r �f a ar3�a �r� r ulra�i If �# �, ur� is other than property owner)
Print or Type Name � � �� j� � � �'� �;�,� �? ��°m� _
Known to me to be the person whose name is subscribed to the above and foregoing instrument, and
acknowledged to me that they executed the same for the pue�r .s a��# car� �I t�pr� �}a�ress�;� �xcf in the capacity
t��6r� stated. ��v ii��r my har��! and seal of office on this � � cl�y s�F ��J� .
a ,, � ��Et��} _
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�ata��y Public Sigs�sat�wre - _
.a�41i1Nx.. ..�...m �..�a.......
Notary PubIIC, �f�t� 04 Texos
My Commisslon Explres
October 17, 201)
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Praject #:
Project Manager:
Total Fee(s):.
Fee Credit: �
Payment Method:
Submittal Date: �
Accepted By:�
Accepted Date: �
Rev. 6/ 1 l
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Exhibit 7
Resolution
\\codad\departments\legal\our documents\resolutions\14\a14-0001 P250�Ut1011.dOCX
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, ACCEPTING A
PETITION TO ANNEX 40.33 ACRES OF LAND CONTIGUOUS TO THE
CITY OF DENTON, TEXAS, LOCATED IN THE NORTHEASTERN
AREA OF THE CITY OF DENTON'S EXTRATERRITOR�AL
JURISDICTION (ET.�; GENERALLY LOCATED NORTHEAST OF
CITY LIMITS, ON THE WEST SIDE OF COOPER CREEK ROAD
APPROXIMATELY 1,200 FEET NORTH OF FISHTRAP ROAD AND 800
FEET SOUTH OF SILVER DOME ROAD AND LEGALLY DESCRIBED
AS BEING A TRACT OF LAND SITUATED IN THE THOMAS H.
LIVING SURVEY, ABSTRACT NO. 729, DENTON COUNTY, TEXAS
AND BEING ALL OF A TRACT OF LAND DESCRIBED IN THE DEED
TO C.L. BYROM AND WIFE, ANITA BYROM AS RECORDED IN
VOLUME 308 PAGE 264 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS; AND APPROVING INITIATION OF A SERVICE
PLAN, PUBLIC HEARINGS AND ANNEXATION PROCEEDINGS FOR
THE SUBJECT PROPERTY (A14-0001).
WHEREAS, pursuant to Section 43.028 of the Texas Local Government Code,
municipalities may annex land upon petition by a property owner if the land is: (1) one half
mile or less in width; (2) contiguous to the annexing municipality; and (3) vacant and without
residents or on which fewer than three qualified voters reside; and '
WHEREAS, the subject property meets the criteria of the above referen�ed Section
43.028 of the Texas Local Government Code and the property owner, The Estate of C.L. Byrom,
represented by Charles Byrom, has requested annexation through his representative, Randall
Smith; and
WHEREAS, the subject property is within the designated urbanizing area of the ETJ per
The Denton Plan; and
WHEREAS, the City Council heard the arguments for and against annexation on May 6,
2014 and determined that the petition requesting annexation should be accepted; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The petition to annex the subject property is accepted by the City of
Denton.
SECTION 2. A service plan shall be prepared for the area by City Staff ��rior to any
public hearings on the annexation.
r
SECTION 3. The public hearings and annexation proceedings required by Chapter 43 of
the Texas Local Government Code shall be held pursuant to the Texas Local Government Code
and Charter of the City of Denton. Texas.
PASSED AND APPROVED this the day of , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �C�''U
MARK A. BURROUGHS, MAYOR
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Planning and Development
ACM: John Cabrales, Jr. �
SUBJECT
Consider an appeal of the denial of a Certificate of Appropriateness by the Historic Landmark
Commission to accept previously installed windows, flagstone on the floor of the front porch and
a wood fence on the northeastern side of the property. The request also included approval of
existing paint on the window trim, chimney of the house, and new construction of a driveway
gate on the southeastern side of the house. The property is located at 1807 N. Bell Avenue and is
within a Neighborhood Residential 3(NR-3) zoning district and the Bell Avenue Historic
Conservation District. On April 14, 2014, the Historic Landmark Commission denied the request
(8-0).
BACKGROUND
Applicant: Terry and Sharon Hess
Section 35.7.6.8.D.4 of the Denton Development Code (DDC) establishes procedures for
certificate of appropriateness review. This Section of the DDC states "if a certificate of
appropriateness has been denied, the applicant may appeal the decision in writing to the City
Council by filing a written notice with the City Secretary within ten (10) days of receiving notice
of the denial."
This appeal request is for the City Council to rescind a decision of denial of the HLC for
Certificates of Appropriateness (COA) to accept (1) previously installed windows; (2) flagstone
on the floor of the front porch; (3) construction of a wood fence on the northeastern side of the
property (4) painting of window trim with Hopsack (SW 6109); (5) painting of chimney with
Hopsack (SW 6109) color, the chimney had previously been painted without a COA and; (6)
new construction of a driveway gate on the southeastern side of the house.
On April 14, 2014, staff presented applications for COAs to the HLC for the above six listed
items and a request to replace roof gutters of the house. After extensive deliberations on the
items, the HLC denied the COAs with the exception of the COA for the roof gutters. The HLC
requested the applicant to provide proposed materials and colors for the roof gutters and resubmit
for review for the May 12, 2014, HLC scheduled meeting. Prior to the April 14� 2014, meeting
the HLC reviewed several request for COAs on the property. City staff also reviewed and
approved administrative COA's and building permits on the property. Below is chronology and
history of applications and permit approvals for the property prior to the April 14, 2014, HLC
denial of the COAs.
Agenda Information Sheet
May 6, 2014
Page 2 of 5
HISTORY OF COA APPLICATIONS AND BUILDING PERMITS
On April 4, 2013, the owner of this subject property applied for a demolition permit to
remove an accessory structure on the property. A COA was required for removal of the
accessory structure. The City erroneously granted this request on Apri15, 2013. On April
5, 2013, the property owner applied for a second permit to alter interior and sections of
the exterior components of the house. On Apri124, 2013, the City issued a permit for the
requested alterations. The permit was specifically issued for the following:
o Interior plumbing, electrical and mechanical repairs
o Interior repair of rotted and molded wood
o Add interior wall to the back bedroom
o Install new insulation in walls and ceilings
o Replace exterior windows with insulated windows
After the property owner obtained the above mentioned permits, he replaced exterior windows of
the house and commenced interior alterations to the building. Neighboring residents noticed
construction and alterations on the house and contacted City staff of the activities being
conducted on the building. This information prompted staff to research permits issued for the
property. Results of the research showed the permit had been erroneously issued for the exterior
alterations. The Historic Preservation Officer (HPO) and the Historic Landmark Commission
should have reviewed the exterior alterations prior to issuance of the permit and the
commencement of construction. In addition, staff found that the installed windows were not of
the same size as those approved on the issued permits. Since this occurrence, staff has tagged all
property in a Historic District or Designated Landmarks in the city to prevent issuance of permits
without review by the HPO.
■ On Apri124, 2013, the City issued a stop work order. The purpose of this stop work order
was to direct the property owner to submit a COA application to the Historic Preservation
Officer (HPO) and the Historic Landmark Commission for the proposed exterior alterations to
the house. Per Section 35.7.10.9 (Appendix A) of the DDC, the HPO is authorized to review and
issue a COA if the request is for routine maintenance such as:
o Paint
o Repairing the structure using like materials (wood with new wood, composition
shingles with new composition shingles, etc)
o Replacing windows or doors with like materials of the same size
■ On June 11, 2013, in adherence to Section 35.7.10.3.B of the DDC, the HPO issued
Certificate of Appropriateness (See Exhibit 3& 7) for the following changes to the property:
o Repair and/or replace rotting wood siding on the south and east sides of the
house with wood siding as presented;
o Replace the wooden shutters on the windows with shutters of the same size and
style;
Agenda Information Sheet
May 6, 2014
Page 3 of 5
o Install a new roof with white timberline high definition shingles; and
o Paint the exterior of the house with Behr Marquee exterior satin ultra pure
white No. 9450 and shutters of the house black.
■ On June 28, 2013, the Historic Preservation officer again approved wood siding material
to replace rotting wood on the south and east side of the existing house. This second
review of siding materials was necessitated because the property owner utilized different
siding material from the type approved on June 11, 2013. In addition to using
unauthorized siding material on the fa�ade of the building, the property owner
constructed flagstone floor on the front porch without prior approval of the HLC. The
property owner on April 24, 2013, was informed that permits were required prior to
making alterations to the exterior component of the building. However, he constructed
this flagstone floor without obtaining approval from the City.
■ On July 3, 2013, the Historic Preservation Officer (HPO) approved a request by the
property to replace wood fencing on the south sides of the property with new cedar
wood fence. The HPO also approved the property owner's request to replace rotting
boards on fencing on the west and north side of the property with cedar fence board to
match existing fence on the property.
■ On August 12, 2013, staff presented to the HLC a request for COAs to permit the
applicant to install windows and a front door on the house at 1807 N. Bell. The request
included addition of flagstone on the floor of the front porch, a concrete driveway in
front of the house, and a crawl space air vent covers along bottom of the house. After
reviewing the request, the HLC denied the COAs and recommended the applicant to
submit new application with more detailed information on materials and designs for all
elements of the building proposed to be modified.
■ On January 13, 2014, the HLC reviewed and approved COAs for the property for
installation of windows and a front door; removal and replacement of flagstone on the
floor of the front porch with brick or concrete; re-construction of an existing driveway in
front of the house; painting of siding on the front fa�ade; removal of an existing fence at
the northeast corner of the house; removal of paint on the chimney; modification of the
footprint of the building; and reconstruction of sidewalks along the front of house. Prior
to this meeting, Mr. Randal Tudor acted on behalf of the property owners. On January
15, 2014, the property owners, Terry and Sharon Hess, informed staff that they were
unaware of all the modifications requested and agreed to by Mr. Tudor and asked to
meet with staff to submit new COAs for the HLC's review.
In all, the applicant submitted seven COAs for the HLC's consideration on April 14,
2014. The items were: (1) to accept previously installed windows; (2) flagstone on the
floor of the front porch; (3) construction of a wood fence on the northeastern side of the
property (4) painting of window trim with Hopsack (SW 6109); (5) painting of chimney
with Hopsack (SW 6109) color, the chimney had previously been painted without a
COA; (6) new construction of a driveway gate on the southeastern side of the house and;
(7) replace roof gutters of the house. After extensive deliberations on the items, the HLC
Agenda Information Sheet
May 6, 2014
Page 4 of 5
denied the COA requests with the exception of the request for roof gutters, which was
continued to the May 12 meeting.
Currently, there are six pending code violation citations on the property. Four of these violations
were a result of work conducted on the property without approval of COAs. The other two were
a result of not displaying issued permits on the property prior to construction work and failure to
call for inspections before constructing foundation work and framing. For a list of approved
COA, code violations, and citations, please see exhibit 3 of this staff report.
OPTIONS
l. Approve as submitted
2. Approve with conditions
3. Deny
4. Postpone consideration
5. Table item
PRIOR ACTION/REVIEW
April 14, 2014 The Historic Landmark Commission denied a Certificate of
Appropriateness to accept previously installed windows, flagstone
on the floor of the front porch and a wood fence on the
northeastern side of the property. The request also included
approval of existing paint on the window trim and chimney and
new construction of a driveway gate on the southeastern side of the
house on the property.
January 13, 2014 The Historic Landmark Commission approved Certificate of
Appropriateness for the installation of windows and a front door,
removal and replacement of flagstone on the floor of the front
porch with brick or concrete; re-construction of an existing
driveway in front of the house; painting of siding on the front
fa�ade, removal of an existing fence at the northeast corner of the
house; removal of paint on the chimney; modification of the
footprint of the building; and reconstruction of sidewalks along
front of house on the property.
August 12, 2013 The Historic Landmark Commission denied Certificate of
Appropriateness for the installation of windows and a front door on
an existing house. The request also included addition of flagstone
on the floor of the front porch, concrete driveway in front of the
house, and crawl space air vent covers along the bottom of the
house.
Agenda Information Sheet
May 6, 2014
Page 5 of 5
EXHIBITS
l. Location Map
2. Zoning Map
3. List of COAs and Constructed Work on the Property
4. April 14, 2014, Staff Report and Application
5. April 14, 2014 ,HLC Meeting Minutes
6. January 13, 2014, Staff Report and Application
7. August 12, 2013, Staff Report and Application
8. August 12, 2013, HLC Meeting Minutes
Respectfully submitted:
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`�'r�r id,�� r �.v.,�-
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Brian Lockley, AICP, CPM
Planning and Development Department Director
Prepared by:
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Nana Appiah, AICP
Planning Supervisor
Exhibit 1
Location Map
Exhibit 2
Zoning Map
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Exhibit 4
April 14, 2014 Staff Report and Application
Exhibit 4
April 14, 2014, HLC Staff Report and Application
HISTORIC LANDMARK COMMISSION
AGENDA INFORMATION SHEET
AGENDA DATE: April 14, 2014
DEPARTMENT: Planning and Development
CASE MANAGER: Nana Appiah , 940-349-7785
SUBJECT -1807 N. Bell Avenue (COA14-0003, 0005, 0006, 0007, 0008, 0009, 0010)
Consider approval of Certificat es of Appropriateness to accept previously in stalled windows,
flagstone on the floor of the front porch and a wood fence on th e northeastern side of the
property. The request also includes approval of existing paint on the window trim and chimney
and new construction of a driveway gate on the s outheastern side of the house and roof gutters.
The subject property is located within the Bell Avenue Historic Conservation District.
BACKGROUND
The property owners, Terry and Sharon Hess, are requesting new Certificates of Appropriateness
(COA) from the Histo ric Landmark Commission's (HLC). They request that the HLC accept
previously installed windows, flagstone on the front porch and a fence located on the
northeastern side of the house. They propose to change the previously approved colors for the
window trim from Black to "Hopsack" (SW 6109) and instead of removing the Hopsack" (SW
6109) from the chim ney, to let it rem ain. Two new requests are also proposed, the applicant
desires to install new white m etal roof gutters as the original gutters, of unknown color or
material, were removed during construction due to the presence of rotting wood and to allow for
a new driveway gate made of wood and to be of a natural wood color, a pproximately 6 feet in
height.
The property owner installed the windows, flagst one on the front porch, a nd the fence without a
COA. In addition, the window trim and chimney were repainted without a COA. Poles for the
proposed driveway gate have already been constructed.
On January 13, 2014, staff presented to the HLC a request for a COA for the installation of
windows and a front door; rem oval and replacement of flagstone on the floor of the front porch
with brick or concrete; re-construction of an exis ting driveway in front of the house; painting of
siding on the front fa�ade, rem oval of an existing fence at the northeast corner of the house;
removal of paint on the chim ney; modification of the footprint of the building; and
reconstruction of sidewalks along the front of hous e. Prior to this m eeting a Mr. Randal Tudor
acted as a representative of the property owners . Mr. Tudor m et and discussed the scope of the
requests for COAs with a representative of th e Bell Avenue Historic Conservation District.
After several deliberatio ns, the representatives reached a consensus on proposed changes and
Agenda Information Sheet
April 14, 2014
Page 2
modification to the subject p roperty. Below is the detailed list of items discussed and agreed
upon by the representatives prior to the January 13, 2014 HLC meeting:
1. Windows:
Replace all windows that are v isible from the street with wooden windows of the sam e size
as the originals. This includes the two windows facing the driveway, the five windows
across the front of the house, and one window in front of the chimney on the north side of the
house. The other windows can remain as installed.
2. Porch:
Remove flagstone and replace it with brick or concrete. Utilize concrete "trim" with brick to
conform to other BAHCD properties.
3. Front Door:
Replace the front door with a wooden door of th e same size and style as original. Staff
requested detailed specifications for HLC consideration.
4. Paint:
Submit COA for the "off white" siding color and re-paint trim Black as it was previously.
5. Shutters:
Replace wooden shutters with those of the same size and color, Black, as the original.
6. Vents:
Replace three vents across the front of the hou se with wooden covers centered under each
window, as in the original.
7. Fence:
Remove the fence extensions at the northeast corner of the house and move the m to where
they were previously located. Remove the steel posts in the driveway.
8. Chimney:
If chimney was or iginally brick then rem ove the off-white paint; if the chimney was
originally gray then submit COA for current off-white color.
Agenda Information Sheet
April 14, 2014
Page 3
9. Extension of House on SW corner:
Submit COA for HLC consideration of this request.
10. Pool.
Dig out the pool with city repres entative present to assure that all trash that was buried in the
pool during construction has been removed.
11. Driveway:
Same length and width as original; add 2 parking spaces at back of driveway. Plans to be
submitted with COA; owner prefers concrete to the original gravel.
12. Walkways/Sidewalks:
Repair sidewalks and walkways in front of the house to be "f lush' with top of driveway
border for safety, `trim' concrete walkways with brick Submit plans and m aterials with
COA.
Staff presented the abo ve list and information to the HLC for review and approval during the
January 13, 2014 m eeting. On January 15, 2014 the property owners, Terry and S haron Hess,
informed staff that the y were una ware of the agreements with the Bell Aven ue Historic
Conservation District made by Mr. Tudor. The Hess's requested to meet with staff to subm it
new COA applic ations. The intent of the new a pplications is to rescind five of the COAs
approved on January 13, 2014 and to propose two COAs.
Below is staff s analvsis of the current repuests:
1. Windows:
The applicant is requesting the HL C to accept curren t installed windows of the house (See
Exhibit 6). Per Section 35.7.10.9 (Appendix A.3.A.4) of the Bell Avenue Historic
Conservation District, "replacement windows should relate to a nd be appropriate for the age
and architectural style of the structure". The in stalled windows are a w hite vinyl material
and are not of the same type and design as was originally constructed on the house and
therefore, inconsistent with the requirem ent of the Bell Avenue Historic Conservation
District for installation of new windows.
2. Porch:
The applicant is reques ting the HLC to accept the front porch floor with flagstone as
constructed (See Exhibit 5). The applicant in stalled the flagstone on the front porch floor
without obtaining a COA first. Per Section 35.7.10.9 (Appendix A.3.A.5) of the Bell Avenue
Agenda Information Sheet
April 14, 2014
Page 4
Historic Conservation District, original porch flooring should be preserved wherever possible
or replaced in-kind. The proposed request to keep the front porch flagstone is in consistent
with Section 35.7.10.9 of the DDC.
3. Fence:
The applicant is requesting th e HLC to accep t a fence constructed at the northeas tern corner
of the property (See E xhibit 4). Per Section 35.7.10.9 (Appendix A.3.B.7) of the DDC,
construction of fencing in the Conservation Distri ct may be allowed so long as it confor m to
general requirements for fencing outlined in Section 35.13.9 of the DDC. Staff believes this
request is inconsistent with the intent of the Bell Avenue Historic Conservation District.
4. Fence Gate:
The applicant is requesting a driveway fence ga te on the southeastern section of the house
(See Exhibit 3). Per Section 35.7.10.9 (Appendi x A.3.B.7) of the DDC, construction of
fencing in the Bell Avenue Hist oric Conservation District m ay be allowed so long as it
conforms to general requirements for fencing outlined in Section 35.13.9 of the DDC. Staff
believes this request is inconsistent with the intent of the Bell Avenue Historic Conservation
District. There are no fence gates visible from public view of properties in the District.
5. Chimney:
The applicant is requesting that the color th e chimney has been painted, "Hopsack" (56109),
be allowed to rem ain (See Exhibit 8). Per Section 35.7.10.9 (Appendix A.3.A.1.a.1) of the
DDC, brick or stone that was originally unpai nted should rem ain so, since irreversible
damage can result from attempts to remove paint by methods such as sandblasting. P ainting
or covering original brick or stone is discouraged. The request to repaint the chimney of the
house is inconsistent with the requirements of the District specified therein.
6. Gutters:
The property owners are proposing to install ro of gutters on the house (See Exhibit 7). Per
the application submitted, roof gutters were present on the house at th e time of purchas e.
However, they were removed due to the pres ence of rotten wood. The property owners are
proposing installation of new white m etal gutters. Per the application, th is white color will
be similar to the previously removed gutters. Per Section 35.7.10.9 (Appendix A.3.A.2.b) of
the DDC,
"Historic systems that are integral to the roof, such as fl ashing, and leader/conductor box,
built in gutter, downspouts, or snow guard s, should be retained and m aintained on a
regular basis, as these types of system s often were crafted of heavy gauge, resilient
materials such as copper or zi nc and generally outperform modern materials, as well as
retain a patina and contribute to the appearance of the structure."
Agenda Information Sheet
April 14, 2014
Page 5
No pictures showing former condition, material or color of the roof gutters were provided
with the application. Staff could not m ake a determ ination on color on the previous
gutter.
7. Painting Window Trim:
The property owner is requesting the HL C accept the existing color of the window,
"Hopsack" (SW6109) instead of th e previous approval to paint all window trim Black (See
exhibit 2). Per Section 37.7.10.7. A of the D DC, "Exterior structural alterations along the
street frontage of historic buildings or struct ures should be avoided an d shall be kept at a
minimum". There has been substantial change s to the original windows of the house and
trim. These changes are inconsistent with requirement of Bell Avenue Historic Conservation
District specified therein.
RECOMMENDATION
Based on Section 35.7.10 of the De nton Development Code, staff recommends DENIAL of the
Certificates of Appropriateness to
1. Accept previously installed windows,
2. Accept previously installed flagstone on the floor of the front porch,
3. Accept a previously installed wood fence on the northeastern side of the property,
4. Change the previously approved colors fo r the window trim from Black to "Hopsack"
(SW 6109)
5. Change the previously approved removal of paint on the chimney and accept the existing
color of "Hopsack" (SW 6109),
6. Allow installation of new white metal roof gutters, and
7. Allow a ne w driveway gate m ade of wood and to be of a natural wood color,
approximately 6 feet in height.
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
Agenda Information Sheet
April 14, 2014
Page 6
EXHIBITS
2
4.
5.
6.
7.
8.
Location Map
Certificate of Appropriateness for Painting Window Trims (COA14-0003)
Certificate of Appropriateness for Driveway Gate (COA14-0005)
Certificate of Appropriateness for Fence at Northeastern Corner of House (COA14-0006)
Certificate of Appropriateness for Front Porch Floor Flagstone (COA14-0007)
Certificate of Appropriateness for Windows (COA14-0008)
Certificate of Appropriateness for Roof Gutter (COA14-0009)
Certificate of Appropriateness for Chimney (COA14-0010)
9. Site Photos
10. Photos of the Property from a Real Estate Listing Site
11. January 13, 2014 Meeting Minutes
Prepared by:
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Nana Appiah, AICP
Planning Supervisor
Respectfully submitted:
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Cindy Jackson, AICP,
Historic Preservation Officer/Senior Planner
Agenda Information Sheet
April 14, 2014
Page 7
Location Map
Certificate of Appropriateness for Painting Window Trims(COA14-0003)
') z -Z ��-1 ' HISTORIC LANDMARK COMMISSION
- CERTIFICATE OF APPROPRIATENESS
! APPLICATION
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��� Planning Division: Cindy Jackson, 221 N. Elm Street, Denton, Texas, 76201 Phone:
940-349-8351
HISTORIC PROPERTY:
Address: __ �
City ���.,��,���
Parcel Number:
3ate: � •�� � �.� . � Zip Code:
PROPERTY OWNER/AGENT:
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Owner's Name: __ � � . -.s^
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Owner's Address: � � � �,����` n� � --
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Agent (If any): �
Street & Number:
City:
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Phone N�r�b�r� �� 1��.� q-� ��,:, w�
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E-mail:
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�'�������} �!'���C:
� Exterior Alteration Relocation
Addition Demolition (part or whole)
New Construction )���� Ir�Kind F�epl c�t�+�n� �
Other (fence, lighting, signs, etc. : � � x `� " � '�� �'�' � � °'��
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ACKNOWLEDGEMENTS: ��`�.�f' �- ��--�t"� �.� �.�� ���ti� �, ��� , � �
I certify that the above information is correct and complete to the b��t �� r�y kn�wl�dge �r������l�iy-
By signing this application, staff is granted access to my property to perform woric related to my case.
I agree to provide any additional information necessary for this application as requested by the Planning
Department or Historic Landmark Commission.
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City of Denton
Historic Landmark Commission
Certificate of Appropriateness (COA) Checklist
Note: City staff may require Additiona/ Information during the project review.
Please nofe: Work mav not aroceed until application has been aaproved
and a buildina permit (when applicable) has been issued.
REQUIRED DOCUMENTATION FOR ALL APPLICATIONS:
t.� Completed and signed application and checklist
� Detailed description of the proposed work
Proof of ownership or authorization to act on behalf of owner
d Photographs of current conditions/affected areas
REQUIRED DOCUMENTATION:
Is your proposed work for:
In-Kind Replacement (Using the same materials and colors.) In addition to
� the required documentation, please include the information below with your
application:
� Samples of materials to be used with manufacturer specification
� sheets.
� Exterior Alteration or Addition. In addition to the required documentation,
_
please inclu t�r� information below with your application:
Site plan of the property. A copy of the site plan must be
submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance befinreen the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Elevation drawings of proposed changes
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to be used
Architectural drawings
Demolition Part or Whole (circle one)
05/13 Page 1
Structural reports to document the reasons for demolition,
Photographs of the affected area — all sides of the structure, and
adjacent structures.
Please note that a demolition permit will be required prior to
beginning demolition.
New Construction or Relocation
Site plan of the proposed construction/relocation. A copy of the site
plan must be submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
� Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance between the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Survey of the property
Building elevations
Samples of materials to be used
Architectural drawings
Please note that some renovations and all new construction will require a
building permit.
(� _ _
Signature . .` 4. � . � '1 �, �� ° I
Print Name
I have reviewed the checklist and all submittals for completeness and accuracy.
_
OS/13 . . Page 2
New/Trim
Request to accept color of trim as it exist. See photos and attached
color chart.
SW 6105
Divine White
Certificate of Appropriateness for Driveway Gate (COA 14-0005) ���,
���
HISTORIC LANDMARK COMMISSION
CERTIFICATE OF APPROPRIATENESS
� APPLICATION
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�� Planning Division: Cindy Jackson, 221 N. Elm Street, Denton, Texas, 76201 Phone:
940-349-8351
HISTORIC PROPERTY:
Address: �'� � � � � � �
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�ity �1 ���_ t,t�°`� �� �� 3ate: � �4°�. �� � �i'p Code:
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Par��l �Jum�er: � �`_�'��
PROPERTY OWNER/AGENT:
Owner's Name:���' �`° � �� � , �`� l� ��' �.:�:�
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Owner's Address: �� l.� � �"�~� C � � �� _
(!f dit�€�r��t than above)
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City: � �.� �r� �`t �, t ` ��.r�_��
Agent (If any): �
Street & Number:
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St�e:
Phone Number: L � - � �-�p �
E-mail:� ��t �" � 1�t � 1� � �.� (��'� � C� u��e
Zip Code: � �
Phone Number:
E-mail;
Zip Code:
PROPOSED WORK:
�xterior Alteration Relocation
✓Addition Demolition (part or whole)
New Construction Ir�Ki�d l�+�pl�r�m�nt �
Other (fence, lighting, signs, etc.): �'� : `��' 1. , � �,�� � ��a � •�:��}� � d -� �� �
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ACKNOWLEDGEMENTS: �,� , �"��� � � ��;-�, w� � ,�-� �- `�,��y, � �,
I certi�fy that the above information is c�rr��t �n� c��r�pf�t� t� th� b��f +���y I�n��l��g� ��rd abilit�.
By signing this application, staff is granted access to my property to perform woric related to my case.
I agree to provide any additional information necessary for this application as requested by the Planning
Department or ��tQr�� Landmark Commission.
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Owner: ..- ���� �`�, Date: _ �
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Office Use Only:
Date Received: Case Number:
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City of Denton
Historic Landmark Commission
Certificate of Appropriateness (COA) Checklist
Note: City sfaff may require Additional Informafion during the project review.
Please note: Work mav not proceed until application has been aaproved
and a buildina permit (when applicable) has been issued.
:� �. +� . . � f � t� ► � � ' !� � � '� � ���i�Ls�i���
� Completed and signed application and checklist
Detailed description of the proposed work
Proof of ownership or authorization to act on behalf of owner
Photographs of current conditions/affected areas
REQUIRED DOCUMENTATION:
Is your proposed work for:
�
In-Kind Replacement (Using the same materials and colors.) In addition to
the required documentation, please include the information below with your
application:
Samples of materials to be used with manufacturer specification
sheets.
�xteri�r AI� r�ti�� �rr �d+�i�i�n. [� �ddition to the required documentation,
ple��� ��� d� tl�� inf��°rn�ti�n b�l�w with your application:
� �it� �I�n �f �h� �r�p�rty. A copy of the site plan must be
submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance between the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Elevation drawings of proposed changes
�mpl�� of materials to be used
Architectural drawings
Demolition Part or Whole (circle one)
_ ,
_---....... .e
05/13 Page 1
Structural reports to document the reasons for demolition.
Photographs of the affected area — all sides of the structure, and
adjacent structures.
Please note that a demolition permit will be required prior to
beginning de�rnca[ition.
New G�rr�� r�u� r� or Relocation
Site plan of the proposed construction/relocation. A copy of the site
plan must be submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance between the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Survey of the property
Building elevations
Samples of materials to be used
Architectural drawings
Please note that some renovations and all new construction will require a
building permit.
�
;
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Signature _ � �' ��'�`� '� a ��"'� Date `
�� _
Print Name
I have reviewed the checklist and all submittals for completeness and accuracy.
- _ _ — ��A
OS/13 Page 2
#7B Add driveway gate on left side of home
We request to add a driveway gate on south side of
the home. Permit was granted on August 7, 2013.
Permit erroneously states "COA Approved." The cross
fence and gate is to be six feet tall and constructed
of cedar/wood with hidden steel for strength. When
property was purchased the owners had a private
backyard. The cross fence and gate, approved by the
city, is requested to maintain original privacy &
protect owners from A/C theft.
Gate to be made of same material as all of fence on
property.
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PE IT N E: 13 - 1 2 DATE: 8/7/2013
7oB ,�DxESS: 1807 N ELL A
_
OWNER: HESS, SHARON & TERRY T�NAI�iT:
PO HOX 708
VALLEY VIEW T7C 76272
PI-It91VE: PI-I�AdE:
-- . _
_
CONTRACTOR: TERRY HESS I7�SCRIPTIOI�d �F' W�F�K:
1807 N BELL FEN�E
DENTON TX 76201
PHONE: 8174544568
'', �OIVING �T. �LOC%: SUBDIVISION: LOT S1ZE (SF}:
2(N 55°}, 1 HENRY G ADDTfION ' 0.00
U3E OF �iJII..BIN�i: OCC TYPE: OCC I,Q�: Mf9. UNI'PS: hlQ. STO�S: TYf'� 0� CO2dSTR:
0
PPt SE'1'�AC1C (FT): RIt SETBACK (F1'}: LT SIT3E S�T�ACK (F ��. AT SIDE SETBACK (FI'}: �� GARAGE (SF} �, � DL7iLbiNi`a (Sl�} RE(�fQSSEL PTI (SF� ; I'CYFtCFl (SFD : 07'e�tt (SF):
o.o o.o o.o a.o a o 0 0 0
-- - -- __
VALUATION: 59'IitP1TCI..�R I2EQ'b: PLANS APPR �Y: DATE APPROVED: ��� TCBTAI. (SF):
$ 0.00 � 807l2013 0
_ __
_
FEES: FencePermit $35.00
TOTAL FEE $ 35.00 TOTAL FEES PAID S 35.00 TOTAL DUE $ 0.00
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Certificate of Appropriateness for Fence At NE Corner of House (COA 14-0006)
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HISTORIC PROPERTY:
Address:
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. � �w �� ��
aty: � _ �- -
Parcel Number. '�-�.. ������
PROPERTY OWNER/AGENT:
HISTORIC LANDMARK COMMISSION
CERTIFICATE OF APPROPRIATENESS
APPLICATION
Planning Division: Cindy Jackson, 221 N. Elm Street, Denton, Texas, 76201 Phone:
940-349-8351
����; -�� 5 Zip Code:
Owne�'s Name:g��-�� ` ` �'�.� �` � ��� :�
� � .
Owner's Address: °'� `�� } � ��� '� � � _
(If �'i�c� rr� fhan above)
, ��
City: � `� St�e: _ � '�-'�. .��
Agent (If any):
Street & Number:
City: St�e:
Phone Number: ` °�` �
E-maiL _._ _.
Zip Code:
Phone Number:
E-mail: _ _
Zip Code:
PROPOSED WORK:
V Exterior Alteration Relocation
Addition Demolition (part or whole)
New Construction �--�� Ir�Kind ��pi�c�r��nt 4
�Other (fence, lighting, signs, etc.): _ , �.. ..° � _ . �,. �,"� � - �..1 �� � � � 1'i �1
� ; � ,� �a�� � � � �� �" `���� �° � �' .
ACKNOWLEDGEMENTS:
I certify that the above information is correct and complete to the best of my knowledge and abiliiy.
By signing this application, staff is granted access to my property to perform woric related to my case.
I agree to provide any additional information necessary for this application as requested by the Planning
Department or Historic Landmark Commission.
��
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Owner• ����..�� t , � �� ��� Date:
. �ignat€�r� _ �
A�pii��a��e��r�fy _ __ [�te:
si�r,�t�r�
Please note: �tit�r� mav not rv���d un�l ������i�n has been aaaroved.
Office Use Only:
Date Received.
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City of Denton
Historic Landmark Commission
Certificate of Appropriateness (COA) Checklist
Note: City sfaff may reguire Additiona/ Information during the project review.
P/ease nofe: Work mav not proceed until application has been aaproved
and a buildina permit (when applicable) has been issued.
REQUIRED DOCUMENTATION FOR ALL APPLICATIONS:
Completed and signed application and checklist
Detailed description of the proposed work
Proof of ownership or authorization to act on behalf of owner
Photographs of current conditions/affected areas
REQUIRED DOCUMENTATION:
Is your proposed work for:
In-Kind Replacement (Using the same materials and colors.) In addition to
the required documentation, please include the information below with your
application:
Samples of materials to be used with manufacturer specification
sheets.
Exterior Alteration or Addition. In addition to the required documentation,
please include the information below with your application:
Site plan of the property. A copy of the site plan must be
submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance befinreen the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Elevation drawings of proposed changes
Samples of materials to be used
Architectural drawings
Demolition Part or Whole (circle one)
05/13 Page 1
Structural reports to document the reasons for demolition.
Photographs of the affected area — all sides of the structure, and
adjacent structures.
Please note that a demolition permit will be required prior to
beginning demolition.
New Construction or Relocation
Site plan of the proposed construction/relocation. A copy of the site
plan must be submitted. Site plans must include:
___ Scale and north arrow
Location and dimensions of the lot.
Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance between the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Survey of the property
Building elevations
Samples of materials to be used
Architectural drawings
Please note that some renovations and all new construction will require a
building permit.
�' ff E�� .�� `; � �`�� ° �.� -�,�. • `°� �
Signature ��� � � � �r , , � � � �' ��..� ���� �-� �
�� $ � .r �-
Print Name
I have reviewed the checklist and all submittals for completeness and accuracy.
05/13 — page 2
#7A Fence on NE Corner
The City of Denton issued a permit to install a six-
foot wood fence on the northeast corner of the
home. Request to leave the fence as it is.
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221 North EIm
Denton, Texas 76201
Phone (940) 349-8360
Fax (940) 349-7208
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PERMIT NUMBER: ��{�(j.,{���y� _ _ DATE: 8/7/2013
JOB ADDRESS: T�f��i � ��LL €�� _ __ _ _— -
_ _ __
OWNER: HESS, SHARON & TERRY T�'��
PO BOX 708
VALLEY VIEW TX 76272
PHONE: PHONE:
CONTRACTOR: TERRY HESS DESCRIPTION OF WORK:
1807 N BELL FENCE
DEIVTON T'X 76201
PHONE: 8174544568 ___ -
— _ LOT SIZE (S�:
ZON]NG . �T: BLOCK: SUBDMSiON:
2(N 55�, 1 HENRY KING ADDTfION 0.00
_ _ _ _ __ _ :_ _ _
USE OF BUILDING: OCC TYPE: OCC LOAD: NQ UNITS: NO. STORTF.S: TYPE OF CONS71t
0 _
—_ _ _ .
FR SETBACK (F7'): RR SEI'BACK (F7'): LT SIDE SETBACK fF RT SIDE SE'PBACK (FT): GARAGE (SF� : BUII.UING (SF) REAMODEL /1'I (Si'1: PORCH (SE� „ 07NER (SF):
�.� �.0 0.0 0.0 � � 0 0
___
VALUATION: � SP � R REQD: PLANS APPR BY: DA7E APPRO : TOTAL (SF):
K� 8/7/2013 0
$ 0.00
.. Fence Permit . $35.00
FEES:
_ _
_ _
TOTAL FEE $ 35.00 TOTAL FEES PAID � 35.00 TOTAL DUE $ 0.00
CO NTS:
1) C;�°�1 �i, "Ci:�ri!� {"}°�I; ��r�l.l. `��'S'�'f��+� T�tiR i.iT�II�: Lt7�'i1i`�L?I� 1-800-245-4545 PRIOR TO CONSTRUCTION
2) 1.�7�Y'�'1'"�? ����.f.�1'��J��Y 1'[N:� I'tidL II��PI:C:"['C�i� "�'(,7 Vf���.C1=Y PROPERTY LiNE.
3) �11 �; Pl��]°� .�11''1�i�.G7�liT� �1.:�'�lIL3Pa�i[ i�['l:F�
4) t..l�l�"['11'1[;t� �'1; �4° i�I�I'�Cl�'�tal3 �I;�l.��s r'LF��1�.�4t1�(:i.
5) CALL FOR INSPECTION.
---- - ...,. . incneetinn Reauest LiIIe:
Pernu'!s expire if work not commenced wrr►�rn �av aays or ceasrs ..ro.� ...u.. �o� ....y�. ' —
The City ofDenton is nod responsi6le to review rbe applicabllily ofplat cavenants to ihls permut. Compliance (940) 349-8648
with plat covenants is the sole responsfbillty of ihe appucantl owner. 1306-0162
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PERNIIT NO: 1306-0162
DATE PAID: 8/7/2013
RECEIPT NO: 326912
PAID BY: TERRY HESS
PAYMENT METHOD: POP
SITE ADDRESS:
APPLICANT:
OWNER:
CONTRACTOR:
JOB DESCRIPTION:
CONSTRUCTION COST
Fence Permit
1538
1807 N BELL AVE
TERRY HESS
HESS, SHARON & TERRY
TERRY HESS
FENCE
$ 0.00
1000-4128 RF
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8/7/2013 MD
$35.00
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Certificate of Appropriateness for Front Porch Flagstone (COA 14-0007)
HISTORIC LANDMARK COMMISSION
CERTIFICATE OF APPROPRIATENESS
i APPLICATION
����� _
�� Planning Division: Cindy Jackson, 221 N. Elm Street, Denton, Texas, 76201 Phone:
940-349-8351
HISTORIC PROPERTY:
Address: � _ � �, �
.�.�. �.�-_
City: _ �, ��',�� � �� 3ate� . '��-.� �. �-'����i .. � Z�p Code:
Parcel Number.5 ��.��� �' �"}
PROPERTY OWNER/AGENT:
Owner's Name: \ �^ `r Y � �'� ��-0r � � �� �- � �`�
Owner's Address � C�` t- � 1� �
{lf �°l��r��t than above)
�ity: � L� �1 \�'�► � St�te: � � �'����
Agent (If any): �
Street 8� Number:
City•
pROPOSED WORK:
St�e;
Phone Number: � � �
E-mail�Y\('�V�►'e, �£1� �����'�a.., ti�� �-'�;� C�
�--�----
Zip Code: � _ �
Phone Number:
E-mail:
Zip Code:
Exterior Alteration Relocation
Addition Demolition (part or whole)
New Construction Ir�Kind R��l r�rn�n�
�Other (fence, lighting, s�gns, etc.): � '.. �' � � ���.'�� _.� �� ,��,.. �.� � �- ��'� ,.�� � � t�
��.°�. `t � m�� �. ���' • -
ACKNOWLEDGEMENTS:
I certify that the above infbrmation is cbrrect and complete to the best of my knowledge and abiliiy.
By signing this application, staff is granted access to my property to perform woric related to my case.
I agree to provide any additional information necessary for this application as requested by the Planning
Department or Historic Landmark Commission.
�� � P �
Owner: _ � `�.���_ _� _ .- " �, � `� _ ` � . _ Date: ° _ _
��������
Applicant/Agent:
Signature
C�te:
'- • - � �' n �r -« .�a � �,- .sr +� -�
Office Use Only:
Date Received:
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City of Denton
Historic Landmark Commission
Certificate of Appropriateness (COA) Checklist
Note: City sfaff may require Additiona/ Informafion during the project review.
Please note: Work mav not proceed until application has been aaproved
and a buildinca permit (when applicablel has been issued.
V Completed and signed application and checklist
Detailed description of the proposed work
�� Proof of ownership or authorization to act on behalf of owner
e,� Photographs of current conditions/affected areas
REQUIRED DOCUMENTATION:
Is your proposed work for:
In-Kind Replacement (Using the same materials and colors.) In addition to
the required documentation, please include the information below with your
application:
Samples of materials to be used with manufacturer specification
sheets.
Exterior Alteration or Addition. In addition to the required documentation,
please include �� information below with your application:
�.�` S t plan of the property. A copy of the site plan must be
submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance befinreen the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Elevation drawings of proposed changes
Samples of materials to be used
Architectural drawings
Demolition Part or Whole (circle one)
05/13 Page 1
Structural reports to document the reasons for demolition.
Photographs of the affected area — all sides of the structure, and
adjacent structures.
Please note that a demolition permit will be required prior to
beginning demolition.
New Construction or Relocation
Site plan of the proposed construction/relocation. A copy of the site
plan must be submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance befinreen the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Survey of the property
Building elevations
Samples of materials to be used
Architectural drawings
Please note that some renovations and all
building permit.
� ,� �
Signature .�r` ��.. �!,� M \ � f �
�
new construction will require a
_ ���� �
Date
Print Name
I have reviewed the checklist and all submittals for completeness and accuracy.
- -- _ _ .
05/13 Page 2
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Little Chapel in the Woods just down the street at
TWU has sidewalks and architecture surrounded by
flagstone. This structure was built in 1939.
Certificate of Appropriateness for Windows (COA 14-0008) .
HISTORIC LANDMARK COMMISSION
CERTIFICATE OF APPROPRIATENESS
„m
� APPLICATION
�f�'�� � �� ' t � Planning Division: Cindy Jackson, 221 N. Elm Street, Denton, Texas, 76201 Phone:
940-349-8351
HISTORIC PROPERTY:
Address: � °�- � - -- - -
,�.-�-�-
City �, �.�� t�_...�.r�� t 1 ��it�: � , Zi� Code:
Parcel Number: °� �� ��_�� �.[ �k _ _ �
PROPERTY OWNER/AGENT:
Owner's Name: ``���' -� �,, ,� ��-�g��r°�� � �� � �� ��
�--�� z �
Owner's Address: y'� . `�-=� , � '� `
(If �3i�'�r�r�� than �bc�ve�
City: ��-� ��1 `� � �� �: �$�.� St�te: f �. - -
Agent (If any): _ _
Street & Number:
City: _
��� ��� � � �r �
St�e:
�`� \��. C�� �
Exterior Alteration
Addition
New Construction
Other (fence, lighting, signs, etc.):
,
Phone Number: �� � ��� � ��6���'
� I � � �v�., i� �1 � " �� �.,� C�, �,
E-mail;�
Zip Code: � . ��� �- � � --
Phone Number:
E-mail:
Zip Code:
Relocation
Demolition (part or whole)
Ir�Kind Replacement
ACKNOWLEDGEMENTS:
I certify that the above information is correct and complete to the best of my knowledge and abiliiy.
By signing this application, staff is granted aocess to my property to perform woric related to my case.
I agree to provide any additional information necessary for this application as requested by the Planning
Department or Historic Landmark Commission.
��..�.
,._ .� � . Date: �.�- _ � \
Owner: � �
Signature
1��7�3�i�i'l�i���i��: �t@:
Signature
Please note: Work �a �+�� r�c�e�i �r�t�l �= ii��i�i+�r� ��� b��n � rr��+��.
Office Use Only:
4:%' . � 6�-°����',� � 2�'�2� �';
Date Received:
Case Number:
�r. , ,k
r, s� :
A4f§
rii
ENT4N
City of Denton
Historic Landmark Commission
Certificate of Appropriateness (COA) Checklist
Note: City staff may require Addifional lnformation during the project review.
Please note: Work mav not proceed until aaplication has been aaaroved
and a buildina permit (when apalicable) has been issued.
REQUIRED DOCUMENTATION FOR ALL APPLICATIONS:
�� Completed and signed application and checklist
Detailed description of the proposed work
� Proof of ownership or authorization to act on behalf of owner
� Photographs of current conditions/affected areas
REQUIRED DOCUMENTATION:
Is your proposed work for:
In-Kind Replacement (Using the same materials and colors.) In addition to
the required documentation, please include the information below with your
application:
Samples of materials to be used with manufacturer specification
sheets.
�' i n I addition to the re uired documentation
Exterior Alteration or Addit o. n q ,
� please include the information below with your application:
Site plan of the property. A copy of the site plan must be
submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance between the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Elevation drawings of proposed changes
Samples of materials to be used
Architecturat drawings
Demolition Part or Whole (circle one)
05/13 Page 1
Structural reports to document the reasons for demolition.
Photographs of the affected area — all sides of the structure, and
adjacent structures.
Please note that a demolition permit will be required prior to
beginning demolition.
New Construction or Relocation
Site plan of the proposed construction/relocation. A copy of the site
plan must be submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance between the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Survey of the property
Building elevations
Samples of materials to be used
Architectural drawings
Please note that some renovations and all new construction will require a
building permit.
. � .�.
__�_
Signature �'` �.� �, • � __ ,.� __ Date ` � `
Print Name
I have reviewed the checklist and all submittals for completeness and accuracy.
05/13 - Page 2
# 1 Windows
The windows currently installed were part of a City of
Denton permit granted on April 15, 2013. The permit
designated exact specifications to meet the energy
efficient rating requirements. All windows were
purchased and installed before a stop work order
was given on April 25. The property owners were
then told the home was located in a Historical
District. Because the city erroneously gave the
owners the permit for windows that required a
specific energy rating, the owner requests a COA
approval of existing windows.
�
Certificate of Appropriateness for Roof Gutter (COA 14-0009)
HISTORIC LANDMARK COMMISSION
CERTIFICATE OF APPROPRIATENESS
c�,�rv .
' APPLICATION
�� Planning Division: Cindy Jackson, 221 N. Elm Street, Denton, Texas, 76201 Phone:
940-349-8351
HISTORIC PROPERTY:
Address: �, __ `°� �-' � —
City�.,m._e.�, � �� , ��� �� - 3ate: � ! � `��:�;`~� _ - ��� Code: _
Parcel Number. �t� �rr;� ����s�� � _
PROPERTY OWNER/AGENT:
Owner's Name; � �..�� �h. ,� �"�.��"��r�.C��,`� V� ��-�,� � �
Owner's Address: � � �v�� �" �� ���
(If different than above)
City: ��i � � � � � i `� St�e: Z _
Agent (If any): �
Street & Number:
Phone Number:
E-mail:
Zip Code:
Phone Number:
E-maiF:
City: St�e: __ Zip Code: _ _ _
PROPOSED WORK:
V Exterior Alteration Relocation
Addition Demolition (part or whole)
New Construction � Ir�Kind Replacement
� Other (fence, lighting, signs, etc.): � `�� � ��' ►� �-� �, �
�, -
ACKNOWLEDGEMENTS:
I certify that the above information is correct and complete to the best of my knowledge and abiliiy.
By signing this application, staff is granted access to my property to perform worlc related to my case.
I agree to provide any additional information necessary for this application as requested by the Planning
Department or Historic Landmark Commission.
� �
� rv �"� Date: �-�� -,� �
Owner: � �� �. � �- . . .
� ����,���,�
Applicant/Agent: [�te:
Signature
.,.y . s _ � . �' � a ° � .�r� . � � �.. .�� � -�
Office Use Only:
Date Received: ' ��� �`� � � u Case Numb�{r:� •� � �� r, ��> i�z �� ��
_ ' __.. , V L`I�^_'V7'c
. i �!h .... �..
i14
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City of Denton
Historic Landmark Commission
Certificate of Appropriateness (COA) Checklist
Note: City sfaff may require Additiona/ Informafion during the project review.
Please note: Work mav not proceed until application has been approved
and a buildina aermit (when applicable) has been issued.
ev: �� � �� � � .� !� � �.. #' 'fs� i #: '.R ■ -.. A i. �
V Completed and signed application and checklist
Detailed description of the proposed work
Proof of ownership or authorization to act on behalf of owner
Photographs of current conditions/affected areas
REQUIRED DOCUMENTATION:
Is your �����d work for:
In-Kind Replacement (Using the same materials and colors.) In addition to
the required documentation, please include the information below with your
application; �
Samples of materials to be used with manufacturer specification
sheets.
Exterior Alteration or Addition. In addition to the required documentation,
please include the information below with your application:
Site plan of the property. A copy of the site plan must be
submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance between the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Elevation drawings of proposed changes
Samples of materials to be used
Architectural drawings
Demolition Part or Whole (circle one)
_-- - -
05/13 Page 1
Structural reports to document the reasons for demolition.
Photographs of the affected area — all sides of the structure, and
adjacent structures.
Please note that a demolition permit will be required prior to
beginning demolition.
New Construction or Relocation
Site plan of the proposed construction/relocation. A copy of the site
plan must be submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
� Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance between the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Survey of the property
Building elevations
Samples of materials to be used
Architectural drawings
Please note that some renovations and all
building permit.
� �,_.y
�
�
Signature ��. L`�! � �,���r�
new construction will require a
a�t� � � � ��
Print Name
I have reviewed the checklist and all submittals for completeness and accuracy.
--
-
__
OS/13
Page 2
New/ Gutters
Gutters were removed because the wood had rotted
underneath. Request to install new gutters per
sample. Color to be white to match gutters that were
removed.
i �,
��+
� ��ai� �
. .. � ...�.....a `�,: �t.
Certificate of Appropriateness for Chimney(COA14-0010)
HISTORIC LANDMARK COMMISSION
CERTIFICATE OF APPROPRIATENESS
' APPLICATION
c�t��� .,
��� Planning Division: Cindy Jackson, 221 N. Elm Street, Denton, Texas, 76201 Phone:
940-349-8351
HISTORIC PROPERTY:
Address: � �' �. ��. �°k'_. �� �� r � _-- -
.�_:.. .Y �-
City. ,��� ���:'t � 3ate: � '°� �- �i� Code:
Parcel Number. � � �Y � �� � ��
PROPERTY OWNER/AGENT:
Owner's Name: \ � �,� �: � �'°� � i�'[:,� t `� � � .�..
Owner's Address: , ��� � \ �' � "
(If different than above) �
City: �, � �: �6 � C� _ _ St�e: � -� °
Agent (If any): �
Street & Number:
City: _
�y, ,� � ., � , � �, ,.
St�e:
��������
Phone Number. � � �� �. �
�-�,��k�` � �t � � -�:� � �.> � 4�p`�, �
Zip Code:
Phone Number:
E-mail:
Zip Code:
Exterior Alteration Relocation
Addition Demolition (part or whole)
New Construction � lr�Kir�d Replaoement
.—l� Other (fence, lighting, signs, etc. ): �� .� - . � � w _ 4 �- � -m �. i�..:� �._ � , • � .. -Ty � � � �, � `
ACKNOWLEDGEMENTS:
I certiiy that the above information is correct and complete to the best of my knowledge and abiliiy.
By signing this application, staff is granted access to my property to pertorm worlc related to my case.
I agree to provide any additional information necessary for this application as requested by the Planning
Department or Historic Landmark Commission.
�
_._
.. . . .-.._
:,,. ti,
Owner: . ;'�l. � '.�fi� �� s `
,�°d.., ,, ignatur�
€, ]
�4�F7������s�!�{7�'� t �" �.�.��i��� ��1 � 1;���.m�
Signature
Date: c� °- � �" � t t�
� ` &
C�te: .
' - • - s i �; �r � �r ^� .se N r-� .�rs a -�
Offce Use Only:
Date Received:
Case Number:
.. �, � .,, . E; � � � �,' . S ,` , �w `' �
�. ¢d3t' . _... _...
i13
N
City of Denton
Historic Landmark Commission
Certificate of Appropriateness (COA) Checklist
Nofe: Cify staff may require Additional Information during the projecf review.
Please note: Work mav not proceed until application has been aparoved
and a buildina permit (when applicable) has been issued.
��. � � R �' � i. � � ., � � .8 F , � � �� � +4 �� .::
Completed and signed application and checklist
Detailed description of the proposed work
Proof of ownership or authorization to act on behalf of owner
Photographs of current conditions/affected areas
REQUIRED DOCUMENTATION:
Is your proposed work for:
In-Kind Replacement (Using the same materials and colors.) In addition to
the required documentation, please include the information below with your
application:
Samples of materials to be used with manufacturer specification
sheets.
� Exterior Alteration or Addition. In addition to the required documentation,
please include the information below with your application:
Site plan of the property. A copy of the site plan must be
submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance between the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Elevation drawings of proposed changes
� ol�� C ��
o be used
Architectural drawings
Demolition Part or Whole (circle one)
05/13 Page 1
Structural reports to document the reasons for demolition.
Photographs of the affected area — all sides of the structure, and
adjacent structures.
Please note that a demolition permit will be required prior to
beginning demolition.
New Construction or Relocation
Site plan of the proposed construction/relocation. A copy of the site
plan must be submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance befinreen the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Survey of the property
Building elevations
Samples of materials to be used
Architectural drawings
Please note that some renovations and all new construction will require a
building permit.
�`°� `
� �, w �
Signature --�j � �.,�.'�z%�`'� -�, � � " � �`� �a�t� ��.�� �
Print Name
I have reviewed the checklist and all submittals for completeness and accuracy.
_ __
05/13 _ page 2
#8 Fireplace/Chimney
When property was purchased March 21, 2013,
previous property owners had already painted the
chimney from the homes original construction. See
attached photo. The COA of Jan. 13, 2014 is
requiring us to sandblast the chimney to original
brick. We are requesting to have the chimney
painted to match the color of the trim, as it was
when we purchased it. See attached color chart.
SW 6105
Divine White
Agenda Information Sheet
April 14, 2014
Page 9
Site Photos
Agenda Information Sheet
April 14, 2014
Page 10
Photos of Property from a Real Estate Listing Site
January 13, 2014, Meeting Minutes
requested input from the homeowners at the previous meeting. Mauelshagen stated that she had requested
additional insight into the opinion of the neighborhood. Conte agreed that it would be beneficial to have
additional input from each district regarding requests for solar panels. Conte stated that she is not confident that
all of the alternatives for locating the solar panels have been fully explored, and it may be best for the applicant to
capitalize on any possibility for placing the solar panels in a location which is not visible from the public right of
way.
Lynn inquired if future applicants would have additional support for requests for solar panels, should the
Commissioners approve the current request. Jackson stated that any subsequent requests would have to appear
before the Commission for approval. Solar panel installation would not be an administrative decision. Lynn
inquired how much time would be required to add more specific guidelines to the Denton Development Code.
Jackson stated that staff would research and conduct neighborhood meetings in order to draft guidelines to be
presented to the Historic Landmark Commission for review.
Lockley advised the Commissioners that there is a Committee on the Environment which reviews energy-related
matters, and he will request that they add this item to their next agenda for discussion.
Stevenson stated that there would be a significant contrast between the roof shingle color and the black solar
panels. Pulido suggested that it would be beneficial to consider what guidelines the Commissioners would
request, within reason, in order to permit the installation of solar panels.
Conte again stated that it would be beneficial for the applicant to consider alternative locations for the solar
panels. Mauelshagen replied that the Commissioners had requested that the applicant report on the possibilities
for installing the solar panels in an alternate location at the previous meeting. The applicant had subsequently
reported that an alternative location would significantly reduce the productivity of solar panels and increase the
cost, and that an accessory building is not available.
Jackson advised the Commissioners that they would not be able to e�tend the item to the next meeting, and that
the applicant has the option to appeal the decision of the Commission to the City Council.
Mauelshagen commented that she believes the Commissioners made the best decision, since it will provide the
neighborhoods with the opportunity to have input on the policies regarding solar panels for each district. Lynn
agreed, and added that if the number of individuals in favor of solar panels in the district as p resented in the
applicants survey is accurate then it should be a relatively simple process. Pulido agreed that is beneficial to
provide the neighborhood with the power to determine the design guidelines.
Riddle inquired how long this process may take. Jackson replied that it may take appro�mately nine months to a
year to conduct all of the neighborhood meetings. Riddle inquired if it would be possible to provide the
Commissioners with a liaison that is more capable with formulating policy in regards to solar panels.
Haworth motioned, Riddle seconded to deny the proposal with the condition that (1) the year re-submittal time
will be waived and (2) the process for establishing additional guidelines and conducting neighborhood meetings
within each historical district will be initiated and (3) to provide the Commission with a representative who would
be able to offer additional expertise during the development of policy for requests to install solar panels. Motion
carried (6-3).
B. Consider approval of Certificates of Appropriateness for the installation of windows and a front
door, removal and replacement of flagstone on the floor of the front porch with brick or concrete;
re-construction of an existing driveway in front of the house; painting of siding on the front fa�ade,
removal of an existing fence at the northeast corner of the house; removal of paint on the chimney;
modification of the footprint of the building; and reconstruction of sidewalks along the front of the
0
house. The subject properiy is located within a Neighborhood Residential 3(NR-3) zoning district
and the Bell Avenue Conservation District. (COA13-0023, 0024, 0025, 0026, 0027, 0028, 0029,
0030, 0031, 1807 N. Bell Avenue, Nana Appiah).
Appiah stated that staff inet with the applicant and a historical district representative onNovember 1, 2014 in
order to reach a resolution to twelve pending items including (1) windows (2) porch/flagstone (3) front door (4)
paint colors (5) shutters (6) air vents (7) fencing (8) chimney paint (9) e�tension of the southwest footprint of the
home (10) pool debris (11) driveway materials and dimensions and (12) walkways and sidewalks. Appiah stated
that staff is recommending denial of the request for construction of fencing in addition to the original fence, and
recommends approval of the other requests as follows:
1. The windows currently installed will be replaced with windows of the same size and material as the
original windows.
2. The flagstone at the porch will be replaced with concrete.
3. The front door will be replaced with a similar style and the color and material will remain the same as the
original door.
4. The paint color of the home will be off white with dark brown trim.
5. The fence posts added for a gate at the driveway and the portion of fence extended to the northeast corner
of the home will be removed.
6. All of the paint on the chimney will be removed.
7. In consideration of the fact that staff erroneously issued a permit for an extension of the footprint of the
southeast corner of the home, staff recommends approval of the e�sting structure.
8. The materials, length and width of the driveway will not be altered.
Randall Tudor, of 8760 H illtop Road Argyle, Texas, approached the Commissioners. Mauelshagen requested
verification that the windows would be replaced with the same size and materials as the original windows. Tudor
confirmed that this would be done. Conte requested verification that the windows on the sides of the home would
also be replaced. Tudor verified that they would be replaced. Conte inquired what a concrete cap was. Tudor
stated that many concrete structures are added on top of already existing concrete material, which is known as a
concrete cap. Tudor added that in this case, the existing concrete would need to be removed and the porch surface
recreated from scratch.
Angela Stripling, of 1815 North Bell Avenue Denton, Texas, stated that she is grateful to the Commission for
their efforts to ensure that the property is brought into compliance. Stripling added that there is a p ost on the
opposite side of the driveway which should also been removed.
Conte requested confirmation that all of the posts near the driveway would be removed. Tudor confirmed that the
post would be removed.
Mauelshagen expressed appreciation for the applicant in providing a compromise with consideration for the
guidelines ofthe historic district.
Riddle motioned, Keffer seconded to approve the request with the condition that the driveway length remain
unaltered and the extended fencing and posts be removed. Motion approved (9-0).
4. OTHER BUSINESS:
A. Hold a discussion regarding purchase of the Old Fire Station on Ave B. (Cindy Jackson)
Exhibit 5
Apri114, 2014 Meeting Minutes
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Exhibit 5
April 14, 2014 HLC Meeting Minutes
MINUTES
HISTORIC LANDMARK COMMISSION
April 14, 2014
After determining that a quorum was present, the Historic Landmark Commission convened in a
Work Session on Monday April 14, 2014 at 5:30p.m. in the City Council W ork Session Room
at City Hall.
Present: Pati Haworth, Lindsay Keffer, Scott Campbell, Eric Pulido, Deb Conte, Michelle Lynn,
Peggy Riddle, Alyssa Stevenson
Absent: Laura Mauelshagen
Staff: Erica Marohnic, Nana A ppiah, Brian Lockley, Cindy Jackson, Kurt Hansen, Sophie
Huerner, John Kni�ht, Julie Glover, Ron Men�uita
�
Receive a report ��and hold a�'discussion regarding the creation of a Council Committee
to explore policies and vision for Historic Preservation in the City of Denton. (Kevin
Roden expressed that he was in terested in forming an�� ad-hoc cornmittee comprised ���of several
City �ouncil and Historic Landm ark Commission (HLC) members in order to assist the HLC in
achieving their goals, and inquired what issues the Commissioners might be interested in
addressing with such a comm ittee. Stevenson s uggested that the policy for solar panels in
historic districts should be r eevaluated. Conte suggested it m ay be beneficial to update the
Downtown�� Development Plan. Ri ddle ����added that the Preserva tion Plan from 1986 should be
updated to help the Comm issioners set goals; and increase public e ducation regarding the
objectives of the HLC. Lynn stated that she was also interested in increasing public education.
Conte stated that reviewing the HLC's internal procedures would be beneficial.
Haworth inquired how m any members would be on the proposed comm ittee. Roden stated th at
he would aim to have t hree Council members. Haworth observed that this would create another
layer between the HLC and City Council. Riddle also expressed concern that the authority of the
HLC would be overridden. Roden clarified that the intention was to incre ase communication
between the HLC, City Council and the public, a nd to more effectively accomplish the HLC's
objectives. Lynn expressed concern with havi ng citizens involved in the procedure of
formulating policy, and m entioned that the Down town Task Force serves a sim ilar purpose.
Riddle stated that the Downtown Task Force is comprised mostly of the Business Owners instead
of the Property Owners, and as such is not nece ssarily aware of the value and policies regarding
historical properties. Roden stated that incr easing communication between the HLC and suc h
stakeholders may be an avenue for increasing public education regarding historical properties.
Conte stated that she was not aware that Roden would be interested in inviting citizens to
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participate in the com mittee. Roden cla rified that the c ommittee could determine if it wa s
appropriate to request the part icipation of citizens or stake holders after the co mmittee had
established an agenda.
Riddle inquired if there would be certain criteria for determining the members of the committee.
Roden reinforced that the intention was to d etermine the goals of the HLC and assist in m oving
them forward, so the comm ittee membership would be appropriate for whatever goals were
identified. Pulido stated that such a committee would be beneficial for increasing communication
between the HLC and City Council, between the HLC and the public, and also would have the
potential to help bring the goals of the HLC into focus.
Haworth inquired about Roden's immediate objective. Roden stated that he was intending to
present the concept to City Council for consid eration, and was seeking prelim inary feedback
from the HLC. Haworth inquired about the time line for establishing a committee, considering
that:the City Council is scheduled to have new me mbership in the near future. Roden �stated that
the mernbership; for the comrnittee would be v olunteer based. Roden re quested that the HLC
formulate a potential agenda for a subcommittee for discussion at a�future agenda. C onte agreed
and added that the HLC would be interested in creating such a committee, given that any citizen
involvement would be bostboned until'after the committee's agenda'was established.
Riddle stated that she would like to elaborate on her request to increase education by informing
the public of the potential for historic propertie s to receive tax credits. Conte stated that the
necessity to increase communication and focus the HLC's objectives will be ve ry beneficial,
especially in consideration of an increasi ng `population: Roden ;agreed that, whatever the
objectives of this particular'sub committee are determined to be, it will b e necessary to increase
communication between the Boards and Commissions in the future.
Haworth inquired if Roden would be m aking the same request of all of the Boards and
Commissions. Roden stated that he was not seeking to do so at this time, although the approach
of creating a subcommittee is not uncommon.
B. Receive a report regard ing Nunc Pro Tunc ordinance to go before City Council for
approval before proceeding with a proposed code am endment pertaining to the
methods of advising new property owners of historic status of site. (John Knight)
Knight stated that the relevant language of the existing Denton Development Code would need to
be repaired by City Council in order to be co nsistent prior to any further am endments. The
fastest manner in which to do this may be to re peal both of the existing ordinances instead of
editing particular sections. However, care would need to be taken when adopting a new chapter
35 as it would fully replace all of the existing in formation. Knight stated that he was not certain
of a timeline for the process, as it will be determined by the City Council's agenda.
Marohnic requested clarification of the specific section of the or dinance which will need to be
amended. Knight stated that he did not bring the inform ation with him, but it is app roximately
37.7.6.6 in the Denton Development Code and the old code provision is approximately 35.2.17.
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C. Receive a report regarding the Apri13, 2014 neighborhood meeting for 716 West Oak
Street. (Nana Appiah)
Appiah stated that neighborhood complaints have recently been received regarding a Certificate
of Appropriateness for 716 W est Oak Street which was approved in Decem ber of 2012. The
neighborhood is concerned that the scope of wor k is exceeding what was approved by the HLC,
and also that the HLC di d not fully understand the scope of work being presented. Appiah stated
that staff subsequently orga nized a neighborhood m eeting on April 3, 2014. Approxim ately 25
members of the neighborhood were in attendance.
Appiah added that the m ethod of communicating with a single neighborhood representative, via
email, did not prove to be an effective for m of communication in this circumstance. The
neighborhood was concerned that they did not recei ve adequate notification of the COA request,
and< even th at the property �owners may have m isrepresented their interests dur ing� the COA
review and approval p rocess. Appiah s tated that there was an intere st in ree� aluating the
procedures for the;approval of a COA and the historic district policies in general.
Ri
st�
up
di
; inquired how staff intends
� investigating the appropri�
be added to a list serv e for�
ng. Lockley added that cos��
;ation, but the item will also
sed bostin� a �notification si;
nform the histori�
otification proce�
fication, which tF
ectivene �ss ma
a
stricts in the future. Appiah stated that
�ockley stated that the em ail� addresses
�eighborhood would be responsible for
�e a concern with other m ethods of
a�enda. Erica mentioned that staff had
Conte stated that there have been se�eral meetings between herself, the property owners and staff
in addition to the neighborhood m eeting on April 3. Conte reiterated that there is a need to
reevaluate��the manner in which information is presented to the HLC.� The original presentation of
the COA had several deceptive elem ents including the lack of (in itial) input from the
neighborhood and the clarity of the material submittals from the property owner.
Haworth expressed that getting back-up materials to the Commissioners in a more timely fashion
is also a concern. Conte agreed.
Conte closed the work session at 6:25p.m.
The Historic Landmark Commission will convene in a Clos ed Meeting to consider specific
items when those item s are listed below under the Closed Meeting section of this agenda.
The Historic Landmark Commission reserves the right to adjourn into a Closed Meeting on
any item on its Open Meeting agenda c onsistent with Chapter 551 of the TEXAS
GOVERNIVIENT CODE, as amended.
2. CLOSED MEETING:
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A. Consultation with Attorneys pursuant to Texas Government Code Section
551.071.
Consultation with attorneys concerning the applicability of the Texas Open
Meetings Act to proceedings of the Historic Landmark Commission. Public
discussion of these lega 1 matters would cle arly conflict with the du ties of the
City's attorneys to m aintain confidential communications with the Histor ic
Landmark Commission under the Texas Disciplinary R ules of Professional
Conduct of the State Bar of Texas.
The Historic Landmark Commission of the City of Denton convened in a regular meeting on
Monday, April 14, 2014 at 6:30p.m. in the City Council Work Session Room at City Hall.
1. Call to order.
PLEDGE
A. U
ular meeting to order a�
F ALLEGIANCE:
B. Texas Flag
"Honor the Texas Flag - I p
one'��and indivisible."���
rTmT���r n�nnnm.
st
A. Review of procedures for addressing the Historic Landmark Commission.
Marohnic reviewed the procedures for citizen reports and addressing the HLC. The Denton
Historic Landmark Commission (HLC) requests that the following code of conduct be observed,
by both citizens and Comm issioners, during a citizen report in order to prom ote an orderly
process and preserve decorum:
■ If a citizen has papers or other materials to hand out to the HLC, please let the His toric
Preservation Officer know and she will distribute the materials to the Commissioners.
37 ■
38 ■
Citizens will have four (4) minutes to give a report.
After four minutes have passed, a bell will sound as a signal to conclude the presentation.
3 9 ■ If all rem arks are no t concluded at the end of four m inutes, the HLC chairp erson will
4 0 request that the citizen end the presentation and stop speaking.
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■ If the citizen does not cease, and a second request is m ade, the HLC chairp erson may
request to have the citizen removed from the meeting room.
■ When speaking to the HLC, citizens are to direct all remarks and questions to the HLC as
a whole and not to any individual member.
5 ■ The attorney general has ruled that Commissioners may listen to citizens speak and may
6 ask questions of citizens for clarification of the issue. However, the Co mmissioners will
7 not engage citizens in discuss ion of a topic, because to d o so cou ld potentially be a
8 violation of the open meetings act.
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■ Citizens are asked to not approach the dais.
■ Please refrain from making abusive personal, impertinent, profane or slanderous remarks.
Anvone who violates this rule will immediatelv be removed from the meetin� room.
's cooperation and adhere
;serve the order and decor
le from the Historic Preser
B. Receive citizen rej
1. Randv Hunt re
a handout to the
Q these rules will help m z
of our proceed ings. Copi
�n Officer.
from the following:;
ng 716 West Oak Street.
�mmissioners from Randv
i effective presentation and
the rules of procedure ar e
t.
Randy Hunt of 722 Wes t Oak Street addressed the Commissioners. Hunt stated that he is proud
of the historic neighborhood, and is very disappointed that the alterations to 716 West Oak Street
were permitted to take place. Hunt stated th at the owners m isrepresented the neighborhoods
intentions and the scope of their project. Hunt noted that the demolition of existing portions of
the home was not indicated in the COA or per mit, and the scope of the pr oject has significantly
exceeded what was p resented to the HLC. Conte re quested that Hunt co nclude the presentation
after four m inutes had passed, and stated th at the Commissioners w ould review the handout
provided by Hunt.
4. CONSIDER APPROVAL OF THE HISTORIC L ANDMARK COMMISSION
MINUTES OF:
A March 10, 2014
Haworth requested a correction to the nam es of Beth Stribling and Richard Hayes. Haworth
stated that there were several items in the minutes which were requested to be placed on a future
agenda which had not. Knight stated that the di scussion would need to be limited to corrections
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of the minutes. Haworth requested a gramm atical correction to page 81in e 32 of the m inutes to
read "in perpetuity" instead of "perpetually".
Keffer motioned, Campbell seconded to appro ve the m inutes with th e specified corrections.
Motion approved. (8-0)
5. PUBLIC HEARINGS:
A. Consider approval of Certifi cates of Appropriateness to accept previously installed
windows, flagstone on the floor of th e front porch and a wood fence on the
northeastern side of the property. The request also includes approval of existing paint
on the window trim and chim ney and new co nstruction of a driveway gate on the
southeastern side of the house and roof gutters. The subj ect property is located within
the Bell Avenue Historic Conser vation District. (COA14-0003, 0005, 0006, 0007,
OOQ8, 0009, 0010 � 18Q7 Bell Avenue, Nana Appiah)
Appiah briefly r
HLC for 18071�
staff that they v�
presented by Ra
Randy Tudor is
before the HLC
COA14-0003: r
Hopsack. The w
yet been comple
d the history of Certific ates ofAppropria
nd stated th at the property owners, Terry �
in agreem ent with the COA';s previou
�or, The property owners applied for new �
;er the project representa' tive. Appiah r�
sideration:
�st to paint window tr�m ot�� the house the sar
�w trim s were originally approved to be pain
and the trim is currentiv S4U6109.
;ss (COA) presf
Sheryl Hess, h�
app roved by t�
4's after notifyi�
�wed'',the COA's
as existing color,
black and the wor
O5: request to construct a gate on� the southeastern�corner��of the house.
COA14-0006: request to retain fence on the northeastern corner of the house.
COA14-0007: request to keep flagstone at porch, as installed.
COA14-0008: request to keep windows, as installed.
to th e
�rm ed
,C as
ff that
;ntly
6109
� not
COA14-0009: request to replace gutters which were previously removed because of rotting wood
with new white gutters.
COA14-0010: request to repaint fire place with Hopsack SW6109.
Appiah stated that, based on the criteria in section 35.7.10.1 of the Denton Developm ent Code
(DDC), the requests do not conform with the regul ations of the district and staff recommends
denial of all of the COA's.
Lynn inquired if gutters were common to the neighborhood. Appiah stated that gutters are
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common in the neighborhood, but the color is not cons istent with the current color of the hom e.
Riddle inquired what year the home was built. Appiah stated that the h ome was constructed in
1945. Riddle stated that the original gutters were likely replaced over time with a newer style.
Stevenson requested to view the im age of the home prior to renovations again, and commented
that the renovations appear to have significantly altered the appearance of the home.
Richard Hayes stated the properry owners of 1807 North Bell, both present, had requested that he
speak on their behal£ Hayes stated that the pr operty owners had m ade a significant financial
investment in the rem odel of the hom e, and that the character of the historic neighborhood has
not been negatively impacted by any of the renovations.
Hayes stated that storm windows were installed in the home as permitted by the City, and added
that they are of sim ilar style to that of the other hom es in the neighborhood. Hayes stated that
other homes in the neighborhood do not have wood frames, so the installed windows are �
consistent ���with the adj acent properties.
presentedi im ages of flag
stated that the concrete p�
the other hornes in the nei
stated that other hom es i
; fence was installed as ap
stated that the chimney was
proved for the current paint �
and brick porchei
�as repaired, and '
rhood.
neighborhood ha
;d by City staff. ����
inted p rior to the
ors of the home.
of other ham es in the neighborhood.
agstone added to be of a sim ilar style to
e similar brivacv fences and �ates_ and
and added that �a COA
Hayes� � stated that the gutters which were in stalled on the �hom e����at th e time of purchase were
removed for repairs, and the property owners would now like to replace the gutters. Hayes stated
that the white color of the proposed gutters is similar to the color of the home. Hayes added that
the colors of the home (Hopsack & W hite) are consistent with the other hom es in the
neighborhood.
Keffer inquired if the property ow ners have form ally requested a new representative. Hayes
stated that there was f ormerly confusion between the property ow ners and the previous
representative, Randy Tudor. Hayes added that many of the renovations are improvements to the
previous condition of the home.
3 9 Conte inquired if the property owners would like to address the Commission. The property
4 0 owners declined. Conte inquired if any other individuals present woul d like to address the
41 Commission. Randy Stripling, of 1815 North Bell Avenue, requested to address the Commission.
4 2 Mr. Stripling presented the Comm issioners with a photograph of 1807 North Bell, which he
4 3 stated had been taken on the previous da y(April 13, 2014), and requested that the
44 Commissioners note the tall grass and weeds. Mr. Stripling stated that the neighborhood has been
4 5 patiently waiting for the City and HLC to bring the property into conformance.
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Angela Stripling, of 1815 North Bell Avenue, requested to address the Commission. Mrs.
Stripling stated that one of the photographs pr esented to the HLC duri ng Hayes's presentation
was of a gate on her property. Mrs. Stripling st ated that this photograph is misinformation since
it is on a lot with no hom e and also not visible from Bell Avenue. Mrs. Stripling stated that such
a gate would be in violation of the historic dist ricts guidelines. Mrs. Stripling added that she had
a conversation with Mr. Hess and Mr. Krueger in April of 2013 regarding the historic
designation of the home and the associated guidelines; prior to the renovations of the home. Mrs.
Stripling stated that she had pr eviously worked with the HLC to repla ce the wind ows of her
home with wooden windows, so it was not accurate for Hayes to state that the other homes in the
district to not follow similar guidelines. Mrs. Stripling stated that the fence built flush with the
corner of the home is not in conformance, and they had also not removed the previously existing
fence. Mrs. Stripling s tated that the gutters would be accep table if they m atch the color of the
home. Mrs. Stripling commented that it was disconcerting that the property owners had a third
representati�e, Mr. Hayes, to speak on their behalf . Mrs. Stripling added that she eventually had��
to replace`a portion of fence which was damaged by the Hess's during the renovation process;
and!observed that the property owne rs do not appear to be w illing to abide by the gu idelines of
the historic district or respect the spirit of the nei�hborhood as a whole.
Haworth clarified that Mr. Krueger!had not properly posted the permits during installation of the
windows and other initial reno�ations to the home. Conte agreed. Conte added that the'work was
done without approval of a C�OA. �;Conte stated that the property owners���were notified of the
historic status of the hom e;by email on April 24, by the Histor ic Preservation Officer: Conte
stated that the property owners were warned again on June 25 for additional work perform ed
without the approval of a COA Conte noted that the scope of work approved for the fence was
to be limited to repair of damaged pickets only, not addition�� of new��fencing at the corner of the
home. Conte continued, clarifying that the property owner had written that the porch was
repaired and flagstone installed "without the need for a permit from the City". Conte stated that
the property owners have been offered assistance and advised of the historic designation of the
home on several oc casions, so it is very disco ncerting that the prope rty owners a re still no t
adhering to the appropriate procedure a year later.
Haworth mentioned that it was discussed during the March HLC meeting and confirmed by staff
(on page 7, line 9 of the m inutes) that only the new COA's would be presented to the HLC for
review. Conte agreed. Conte added that this wi 11 be the th ird time that the Commissioners vote
regarding on the flagstone on the porch. Conte i nquired of Knight what the implications of
voting on the same request again may be. Knight stated that the matter may be best discussed in
a separate discussion between the Commissioners and staff. Conte stated that it would have been
beneficial for the property owners to have held neighborhood meetings or to at least demonstrate
a willingness to work with the Commission and staff to bring the property into conformance. The
Hess's remained silent.
Conte commented that a court date was set for Monday, Apri121, 2014 re garding the citations
previously issued for the property.
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Riddle inquired if the Commissioners would need to vote on each COA separately. Marohn ic
and Knight confirm ed that each COA will need to be considered as a separa te item. Riddle
inquired if anything would need to be done to repeal any existing COA's before proceeding, or if
they could table the decision to th e next meeting. Knight stated that it may be possible to table
the decision to the next m eeting. Riddle stated that she was hopi ng that the property owners m ay
be able to meet with the neighborhood and staff to develop a compromise. Lynn stated that staff
had already attem pted, unsuccessfully, to accom plish this goal. Riddle stated that she is
disappointed that the original materials have not been retained, and there has been no subsequent
explanation from the property owners regarding why they are not working to bring the property
into conformance with the historic district regulations. Riddle stated that it was in poor taste to
alter the property so significantly.
Riddle motioned, Campbell seconded to deny COA 14-0008 to retain the windows, a s installed.
Motioned carried. (8-0)
decisiions of thE
presented again
this situation b�
current COA's
confirmed that ,
mot�
ed.
if it was
ed.
vote on the CQA's at this
t it was her understan�
change from the previous
�reviou sly asked to appro
�rove the �� existin� condi
to
)7 to
that the COA's rr
�. The substantial
comprom ise, w
� of the property.
in the porch flag
ay be
nge in
as the
as
Riddle requested���confirm ation that the fence at the northeastern�� co rner of the house wa s
nonconforming.���Conte confirmed that this fencing was installed without approval.
Riddle motioned, Lynn seconded to deny COA14-0006 to keep the fence as installed on the
northeastern corner of the house. Motion carried. (8-0)
Riddle requested confirmation that the construction of a gate on th e southeastern corner of the
house was nonconfor ming. Conte confirm ed that th e gate posts had been installed without
approval. Conte s tated that som e fencing was al ready in p lace at the d riveway of other hom es
prior to the time the historic district was established. Riddle inquired if they should table the item
to a future meeting in the event that the neighborhood may reconsider allowing security fencing.
Knight stated that the tim eline for an amendment would likely extend beyond the HLC's ability
to postpone action on the agenda item.
Riddle motioned, Stevenson s econded to deny COA14-0005 to construct a gate on the
southeastern corner of the house. Motion carried. (8-0)
Haworth stated that there is a picture of the chimney in the newspaper in which it is unpainted.
Conte agreed. Conte added that the previous ow ners were contacted, and they confirm ed that
they had not painted the chim ney. Haworth observe d that since the pa int seems to be f airly
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recent, it should be relatively easy to remove.
Haworth motioned, Keffer seconded to deny COA14-0010 to paint the chimney. Motion carried.
(8-0)
Riddle stated that she would be w illing to approve the gutters as long as they are of the same
color as the home. Conte stated that the adm inistrative COA approval was for a different white
and black trim . The hom e was subsequently pain ted off-white with ta n trim, contrary to the
approved COA. Riddle inquired if the gutters would be acceptable if they were painted the colo r
of the home. Lynn stated that she would also approve the gutters if they were the same color of
the home. Knight suggested that they continue the item to the next m eeting in order to provide
time for the applicant and staff to provide additional information.
Haworth inquired why the hom e was painted colors differing from the COA. Cont e stated that
she �does not recall, and inquired if Jackson was aware� if the off-white and tan trim had��, ever been
presented for approval. Jackson stated that sh e only recalled adm inistratively approving white
siding and black shutters, and as ked Appiah if he had additiona 1 information. Conte added that
the siding and trim around the windows was also different from what was approved.
Riddle motioned, Lynn seconded t
meeting; with the intent of providir
color and style of gutter is appropri
Riddle mentioned that the trim arol
the shutters were also never replace
window trim. Conte confirmed that
:able COA14- 0009 to rep
the applic ant and staff the
�. Motion carried. (8-0)
Lynn � motioned, Haworth�� seconded to
SW6109. Motion carried. (8-0)
6. OTHER BUSINESS:
the
th e gutters un til the next
ortunitv to establish if the
�ws was not previ ously present on the
at ed that he�� was no� able to find an ax
trim had been installed without appro�
OA14-0003 �to paint the window trim
e, and
al of
sack
A. Hold a discussion and take action regarding a proposal for the City of Denton to host
a"Place-names in Denton" project within the City website in conju nction with
Denton Independent School District (DISD) curriculum. (Michelle Lynn)
Lynn requested that the proj ect be renam ed to something other than "Place-names in Denton".
Lynn stated that she was seeking to create a webs ite with a brief history and bibliographies to
increase student's awareness of the value of historical properties. Lynn requested to let her know
if anyone would be able to offer inform ation or connect her with individuals who may be able to
contribute story's, bibliographies or other inform ation to the site. Lynn suggested that jobs,
transportation and family activities would be good topics for children. Lynn added that properties
that are even in Denton Count y which are still within the DI SD area m ay be good subj ects.
Riddle commented that the site would be a great resource for school teachers.
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Lynn stated that she would like to present the proj ect to City Council in August, and have the
final website available in Sept ember in tim e for the next school year. Riddle inquired if the
project was being supported by DISD. Lynn stated that she intended for the project be developed
by the HLC. Riddle inquired if it would be pertin ent to make a motion to adopt the concept as an
HLC project. Knight stated that it may be appropriate for City Council to be involved if the
project is being sponsored by DI SD. Lynn clarified that, although she is a DISD employee, the
intent would be to work with th e HLC on the project considering that one of the Commission's
objectives is to educate the public.
Lockley stated that the HLC coul d provide support to prepare the web site and then take action
after the project is ready to be for warded to City Council for consideration. Lynn agreed, and
requested ideas and assistance developing the website.
Haworth suggested that they include m aterials that are more for an adult audience as well. Lynn
a�reed that this would be a�QOd idea.
B. Hold a discus
fees. (Brian L
;y stated that the n�
t notification� pro�
�ntative. Lockley �
,s been researchin�
stated that one c
responsible for
garding the process of neighbo�
)
rhoods'have expre ssed concern �
of `coordinating with the ne
hat staff recogn izes that public
�tive notification options.
to e mail the
nail addresses
notification and associated
the effectiveness of the
jds through a single
on'is a ve ry important
iood. The nei
service provi�
Lockley� �added that it w ould also be possible to post signs��in the�������neighborhood, although this
method may come with a cost from to the initial purchase, m aintenance and posting of the signs.
Lockley advised that it costs approxim ately $220.00 for public hearing notifications, which
includes a newspaper notice and m ailings. Lockley stated that level of notification probably
would not b e necessary with this Comm ission since the au dience is generally lim ited to thos e
within the historic districts, however, the goal so far has been to m inimize any costs associated
with the HLC in order to offer neighborhood a ssistance and COA review without any fees.
Lockley suggested it m ay be $25.00 per COA application and requested input from the
Commissioners.
Lynn objected to Lockley's cost estim ate for the sign. Haworth stated that the cost estim ate was
fairly accurate since sh e had purch ased similar metal signs at approxim ately $15.00 each, but
noted that the signs should also be reusable.
4 2 Riddle inquired what the curren t application f ee for a COA is. Lockley stated that there is
4 3 currently no fee. Riddle stated th at she was not in favor of charging a fee for the COA, and
4 4 suggested that the neighborhoods ma y be able to create a separate fund or that the City could
4 5 budget for this expense. Haworth stated that is s eems like the City would be able to provide the
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signs from their budget. Conte a nd Lynn both agreed that the City should be able to budget for
the cost of signage.
Lynn suggested that everyone may not have access to em ail, and it may be beneficial to have an
automated call system to notify property owners by telephone. Lockley stated that he would
investigate this option with the Public Communi cations Office, and return to the HLC with
additional information.
C. Receive a report, ho ld a discu ssion and make a recomm endation to City Council to
amend Ordinance #98-116 (Historic Structure Property Tax Abatement) to expand the
eligible boundaries of the "Downtown Comme rcial District" to include comm ercial
properties within historic districts, histor ic conservation districts or any commercial
building that the City Council deem s historic or in need of preservation. (Julie
Glover)
Glover stated that the F�
Development Commissi�
because of this, th ;, ey s�
building which the City (
Conte inquired about the
the amendment to City C
aven property
but they did not qua
ht to ex' pand the el
ncil deerns historic c
�f the pr
to the el
ons.
ea an in
y the nor.
boundari
d of pres
stated
means. Glover stated that
in clude any comm ercial
ion.
�he was ai ming to �present
Riddle inquired if it w ould be m ore appropriate to require owners w ho are seek ing the tax
abatement to apply for a historical landmark designation. Glover stated that the HLC would have
the ;opportunity to review any re quests. Riddle clarified that he r�� concern was more with the
zoning, Glover stated this w ould most likely require a sepa rate' �action, but the HLC coul d
encourage'�� applicants to apply to be adopted`��into a historical`dist rict. Glover stated that original
intent of the tax abatement was to assist properties with historical value without requiring them
to abide by the regulations of the historical districts.
Pulido inquired if the tax abatement may be in conflict with the TIFF program. Glover stated that
there was still a conflict, but the Fairhaven proj ec t was not within the a rea eligible for the TIFF
program.
3 6 Haworth requested that Glover clarify the scope of the eligible pr operties, since the wording of
3 7 agenda item 6C suggests that all historic prope rties may be included. Gl over stated that only
3 8 commercial properties would be eligible. Hawort h inquired what the defi nition of a commercial
3 9 property would be. Riddle stated th at the commercial properties will be defined in the surveys,
4 0 and the original purpose of the property.
41
4 2 Riddle inquired what criteria City Council would use to determ ine the historic value of a
4 3 property. Glover stated that the Secretary of Interior's S tandards would be used. The m ain
44 qualifications being that the property is 50 years old or more, with exterior rehabilitation plans of
4 5 $20,000 or m ore than 25% of the m ost recent tax evaluation; whichever is less. The
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rehabilitation plan would also need to confor m to the p roperty appearance guidelines, which
would be reviewed by the HLC for approval. Riddl e stated that she approved of the program in
that it would encourage smaller businesses to renovate.
Haworth inquired what other regu lations applicants may have to conform to. Glover stated that
they would only have to com ply with the de sign guidelines. Glover added that there m ay
eventually be an additional layer after the a doption of form based code. Riddle inquired if only
the properties downtown would be eligible. Glover replied that the program would be available
to all qualifying properties within the City of Denton. Haworth requested a copy of the property
appearance guidelines. Glover prov ided Haworth a hardcopy, and st ated that the in formation is
also on the HLC website.
Riddle inquired if Glover has been coordinating with City Council. Glover stated that, so far, she
has only given City Council an inform al staff report advising them of the amendment and that
she would be discussing the matter with the HLC. Glover stated that she has not��;yet received �any
additional �comments or ques�ions from City Council.
Haworth inquired about the timeline for completing a project, as this did not seem to be included
in section 10 of the���ordinance. Glover` stated that a separate agreement establishes a time frame
of one year from the time of adoption of the proj ect.
observed that
how frequently
�; there was not
>rd inance indicates that it will be ree�al uated periodically, and
m i�ht be done. Glo�e r stated that a review could be conducted as
Regarding the potential for repaym ent of tax re venue in the event that the renovations are
voluntarily demolished in the future, Haworth inquired how the interest rate of 7% was
determined. Haworth suggested that it may b�e beneficial to have this�be a more flexible figure, as
determined by current interes t rates. Glover stated that she will m ake a note to re evaluate this
ratio.
Haworth inquired what the tim eframe for filing a revocation of the tax abatem ent would be,
given that such action was necessa ry. Glover stated that any m aj or changes or dem olition of the
structure during the ten year period of the ta x abatement would result in a co de violation.
Haworth requested that the timeframe for filing the revocation be specified in section 10-138.
Riddle motioned, Stevenson seconded to approv e the am endment ordinance 98-116, with the
changes requested by Commissioner Haworth. Motion carried (8-0)
Haworth inquired if th ere are a ny significantly negative aspects of the tax abatement. Glover
stated that property owners will have to consider the increase in taxes after the 10 y ear period
concludes. Glover added that som e property o wners may view the requirem ent to receive th e
approval of the HLC as a nega tive. Haworth inquired why no one has applied for the progra m
since 2005. Glover stated that she frequently advi sed property owners of the option, but she also
advises them to consider if the savings will be significant enough to w arrant using the program
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for their proj ect. Glover stated that most renovation proj ects that occur downtown are not greater
than $25,000.
Haworth inquired which guidelines a property w ould follow should they apply to becom e a
historic landmark Glover stated that the guidelines should be fairly similar to those of a historic
landmark.
D. Preservation Officers Report
a. Review of administratively approved certificates of appropriateness.
Jackson stated that a COA for 123 North Elm Street wa s administratively approved to re-roof a
portion of the building with the same materials previously used.
Jackson stated that a second COA for 716 W est Oak Street was also ad ministratively approved
for exteric�r paint color of u�arm cocoon. Jackson stated that the neighborhood had also agreed to
the new color during the April 3, 2014 neighborhood meeting. Jackson added that the new paint
L
�curately matches the color af the home.
FUTURE AGENDA ITEMS:'
Under Section 55 LQ42 of the Texas Open Meeti ngs Ac1
Historic Landmark �ommission or the public with s
recitation of policv, or accept a proposal to place the
ow-up discussion of 716 West Oak
Conte � requested a rem inder be sent to��the���ne ighborhoods
recent hail storm, will require the approval of a COA.
, respond to inquiries from the
pecific factual information or
m atter on the agenda for an
onte agreed.
any roof repair, following the
Riddle requested a staff report a nd discussion regarding the differences between the new energy
code and the historic district regulations; specifically for window s. Marohnic stated that they
could request that Kurt Hansen give a report regarding the 2 012 energy code. Riddle inquired if
Hansen anticipated any conflicts with the new e nergy code and the historic district regulations.
Hansen said that he did anticipate some conflicts, which they could discu ss further at the next
meeting.
Haworth requested an update regarding the installation of windows for the house on the corner of
Hickory and Welch Street. Hansen stated that the electricity had been turned on, but it would not
be transferred from the contractors name until the matter was resolved.
Pulido requested refreshm ents for the next m eeting, since they have been lasting for several
hours.
8. ADJOURN
14
Keffer motioned, Stevenson seconded to adjourn the meeting at 9:06p.m.
15
Exhibit 6
January 13, 2014 Staff Report and Application
Exhibit 6
January 13, 2014, Staff Report and Application
HISTORIC LANDMARK COMMISSION
AGENDA INFORMATION SHEET
AGENDA DATE: January 13, 2013
DEPARTMENT: Planning and Development
CASE MANAGER: Nana Appiah, 349-7785
SUBJECT: 1807 N. BellAvenue, Certificate ofAppropriateness (COA13-0023-31)
Consider approval of Certificates of Appropriateness for the installation of windows and a front
door, removal and replacement of flagstone on the floor of the front porch with brick or concrete;
re-construction of an existing driveway in fron t of the house; painting of siding on the front
fa�ade, removal of an existing fence at the no rtheast corner of the house; removal of paint on the
chimney; modification of the f ootprint of the building; and r econstruction of sidewalks along
front of house. The subject proper ty is located within the Bell Avenue Historic Conservation
District.
BACKGROUND
On August 12, 2013, staff presented a request for a Certificate of Appropriateness (COA) for the
applicant of the subj ect property to install windows and a front door on the house. The request
also included the addition of flagstone on the floor of the front porch, a concrete driveway in
front of the house, and crawl sp ace air vent covers along bottom of the house. After reviewing
the applicant's request, the Comm ission denied the application and recommended the applicant
submit new information with in-depth specifications of the proposed materials and designs for all
elements requested to be m odified. Subsequent to this m eeting, this property has rem ained on
the HLC agenda where staff has discussed the status of alterations to the house, and pending
Code Violations citations during the Commissions' Septem ber 9, 2013; October 14, 2013; and
November 11, 2013 meetings. Minutes of these meetings are attached for your view (See Exhibit
15).
On November 1, 2013, staff and a representative of the Bell Avenue Hi storic Conservation
District (BAHCD) met with the applicant to discuss the Comm issions' directions given during
the August 12, 2013 m eeting. At this m eeting, the applicant presented to staff a list of proposed
changes to submit to the Comm ission for consideration. The applicant infor med staff that m ost
of the proposed changes were discussed and agre ed on by the Bell Avenue Conservation District
representative and the Homeowners Association. Below is the detailed list of items presented to
staff at the meeting:
1. Windows:
Replace all windows that are visible from the street with wooden windows of the sam e size as
the originals. This includes the two windows facing the driveway, the five windows across the
front of the house, and one window in front of the chimney on the north side of the house. The
other windows can remain as is.
2. Porch:
Remove flagstone and replace it with brick or concrete. If concrete "trim" with brick to conform
to other BAHCD properties.
3. Front Door:
Replace the front door with a wooden door of the sa me size and style as original. Staff requested
detailed specifications for HLC consideration.
4. Paint•
Submit COA for the "off white" siding color and re-paint trim black as it was previously.
5. Shutters•
Replace wooden shutters with those of the same size and color (black) as the original.
6. Vents•
Replace three vents across th e front of the h ouse with wooden covers cen tered under each
window as in the original.
7. Fence•
Remove the fence extensions on the northeast corn er of the house and move them to where they
were previously located. Remove the steel posts in the driveway.
8. Chimnev'
If chimney was originally brick then remove the off-white paint; if the chimney was originally
gray then submit COA for current off-white color.
9. Extension of House on SW corner:
Submit COA for HLC consideration of this request..
10. Pool.
Dig out the pool with city represen tative present to assure that al 1 trash that was buried in the
pool during construction has been removed.
11. Drivewav:
Same length and width as original; add 2 parki ng spaces at back of driveway. Plans to be
submitted with COA; owner prefers concrete to the original gravel.
12. Walkwavs/Sidewalks:
Repair sidewalks and walkways in front of the house to be "flush' with top of driveway border
for safety, `trim' concrete walkways with brick Submit plans and materials with COA.
Of the 12 item s listed above, staff, the appli cant, and representative of the Bell Avenue
Conservation District agreed th at three of the item s do not requ ire review and approval by the
Commission. The City's Historic Preservation Officer can approve two of the items, i.e. item no.
5(shutters) and no. 6(vents). Th is is in accordance with requi rements of Section 35.7.10-Bell
Avenue Historic Conservation District. In addition, item number 10 (swimming pool) does not
require a Certificate of Appropriateness, These requests for C OAs are consistent with the listed
items discussed with s taff, the Bell Avenue Conservation District representative, and the
applicant. Below are staff's analyses of each of the request:
1. Windows:
The applicant is requesting to replace windows on the front of the house back to the original size
and materials. In addition, the applicant is requesting to repl ace the single window on the righ t
side of the house and tw o windows on the left side closest to corner of the house with the sam e
window design and style as originally constructe d. Although the applicant in error has replaced
these windows, he is proposing to rem ove the existing window and construct new ones to m atch
the original windows. See Exhibit 4 of proposed design of windows. Per Section
35.7.10.9.(Appendix A.3.A.4) of the Bell Avenue C onservation District, "replacement windows
should relate to and be appropria te for the age and architectural style of the structure". The
proposed windows are to be of the sam e type and design as was originally constructed on the
house and therefore, consistent with the require ment of the Bell Avenue Conservation District
for installation of new windows.
2. Porch:
The applicant is requesting to reconstruct the front porch with brick or concrete. C urrently, the
front porch is constructed with flagstone which is inconsistent with other properties within the
BAHCD. The applicant constructed this installation without first obtaining a COA. The applicant
is requesting to rem ove the flagstone and replace with concrete floor, restoring the floor similar
to its original form. Per Section 35.7.10.9.(Appendix A.3.A.5) of the Bell Avenue Conservation
District, original porch flooring should be preserved wherever possible or replaced in kind. The
purpose of this request to cons truct the concrete floor is to repla ce in-kind and therefore
consistent with the intent of the Conservation District.
3. Front Door:
The request is to replace the current existing door with a si milar one (See Exhibit 11). The
applicant is not proposing to widen or lengthen the space of the door. This is an in-kind
replacement. Per Section 35.7.10.9.(Appendix A.3.A .3) of the Bell Avenue Conservation
District, replacements doors should be sized to fit in the existing open ings. The opening should
not be altered so as to accept a sm aller door. The proposed request is consistent with this
requirement of the Conservation District; therefore will not alter character of the house.
4. Paint:
The applicant is proposing to paint body of the hous e with "off white color" (See E xhibit 9). .
Color of the house is white. Per Section 35.7.10.9.(Appendix A.3.B.4) of the Bell Avenue
Conservation District, f luorescent, metallic colors are no t permitted on the exte rior of any
structure in the dis trict. The propos ed colors ar e not fluorescent or m etallic type and will be
similar to existing color of the house.
7. Fence:
The applicant is requesting a new fence gate on the left side of house. The proposal is
inconsistent with the in formation agreed upon with the neighborhood and subm itted to staff
during the Nove mber 1, 2013 m eeting. The docum ents presented to staff at this m eeting
indicated a request to remove an already cons tructed fence on the north east corner of the house
and remove steel posts constructed across the existing driveway on the property. In addition, no
request to construct a fence gate across the existing driveway was shown as part of the agreement
with the neighborhood. Per Section 35.7.10.9.(Appendix A.3.B.7) of the DDC, construction of
fencing in the Conservation District m ay be allowed so long as it conform to general
requirements for fencing outlined in Section 35.13.9 of the DDC. St aff believes this request is
not consistent with the consen sus agreed with the neighborhood a nd therefore inconsistent with
the intent of this application.
8. Chimney:
This request is to rem ove the paint on the brick of the fire place chim ney located in front of the
house. The purpose of this request is to restore th e chimney to its original state. According to
discussions with the neighborhood and past photos of the house, the chim ney was constructed
with brick and unpainted and adj acent property owners are willing to attest to this construction.
9. Extension of House on Southeast Corner:
This request is for an expansion of the building footprint. Construction of this e�tension has been
completed. The construction was done without a C OA. The purpose of the request is to ensure
the alteration is con sistent with requirements of the Bell Avenue Conservation District as
outlined in Section 35.7.10 of the DDC to obtain a COA for such a modification.
11. Driveway and Walkways:
This request is to reconstruct existing concrete sidewalk in front of the house and a sidewalk
connecting the front door to the existing driveway. In addition, the request includes constructing
two parking spaces at the back of the existing driveway. No alteration to form, length or width of
the current driveway is proposed, except extension of the driveway to the back of the house. This
request is consistent with the inform ation discussed and agreed with the neighborhood and
Section 35.7.10.7 and Section 35.7.10.9 of the DDC.
It is staff's determ ination that the proposed request, with ex ception of the proposed gate and
fencing, is consistent with requirem ents of th e Bell Avenue Conservation District outlined in
Section 35.7.10 of the DDC. In addition, the reque st has been discussed and vetted with
members of the Conservation Distri ct and deem consistent with the character of the Bell Avenue
Conservation District.
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Continue the request.
4. Deny.
RECOMMENDATION
After a comprehensive review of the requirements of the Denton Development Code and the Bell
Avenue Conservation District, st aff recommends approval of this request for installation of
windows and a front door, rem oval and replacement of flagstone on the fl oor of the front porch
with brick or concrete; re-construction of an exis ting driveway in front of the house; painting of
siding on the front fa�ade, rem oval of an existing fence at the northeast corner of the house;
removal of paint on the chim ney; modification of the footprint of the building; and
reconstruction of sidewalks along front of house of the property located at 1807 N. Bell Avenue
subject to conditions.
Staff recommends denial of a fencing gate infront of the house.
This Certificate of Appropria teness shall be for the inst allation of windows and a front
door, removal and replacement of flagstone on the floor of the front porch with brick or
concrete; re-construction of an existing driveway in front of the house; painting of siding
on the front fa�ade, removal of an existing fe nce at the n ortheast corner of the h ouse;
removal of paint on the chim ney; modification of the footprint of the building; and
reconstruction of sidewalks along front of house.
EXHIBITS
1. Aerial map
2. Zoning map
3. Conservation District Map
4. Application for Certificate of Appropriateness for windows (COA13-0023)
5. Application for Certificate of Appropriateness for Porch (COA13-0024)
6. Application for Certificate of Appropriateness for Driveway (COA13-0025)
7. Application for Certificate of Appropriateness for Gate and Fencing (COA13-0026)
8. Application for Certificate of Appropriateness for Gate and Fencing (COA13-0027)
9. Application for Certificate of Appropriateness for Paint Colors (COA13-0028)
10. Application for Certificate of Appropriateness for Building Footprint (COA13-0029)
11. Application for Certificate of Appropriateness for Front Door (COA13-0030)
12. Application for Certificate of Appropriateness for Chimney Paint (COA13-0031)
13. Site Photos
14. Photos of the Property from a Real Estate Listing Site
15. September 9, 2013 and October 14, 2013 Meeting Minutes
Prepared by:
,�� I,� . � �, � �.y,,...l� � -
-���1��'� �t�
Nana Appiah, AICP
Planning Supervisor
Respectfully Submitted by:
�
Cindy Jackson, AICP
Historic Preservation Officer
AERIAL MAP
ZONING MAP
Bell Avenue Conservation District Map
Application for Certificate of Appropriateness .� �
HISTORlC LANDMARK COMMISSION
r, �
���� CERTIFIGATE OF aPpROPRIATENESS
� i � �; APPLICATI�N
4�}.. }�"'�����`.��.�a�.€�%��J��k����
� Planning bivlsion: CindyJackson, 221 N, Elm Street, Denton, Texas, 7'6201 Ahone:
"� . . 940-349-8351
HISTORIC PROPERTY:
_
Aaar��s: 1� n r �� l �/� v�. .
-
�
City �..��" U-`-� State; �,�° Zip Code: �—
f'arcel hlumber: /�t � �."�'�.�?(
PROPERTY OWNERIAGENT:
__ �
owner's Name; � t� 1\ ��'� � 5
�-- � ^ .,.,_...�.�.
Owner's Address:
(!f differenl �i� n �b�v��j
City: � � �i �.. �/ Sfate:
��� �
Agent (If any): ��.��,,� 1 � c� ;r
Street & Number: �� • 1 `� `
�_s°�
1�
City: , � �, � State: T
� - �
��+�F�C���� 11U���: � � a 5
Exterior Alteration
Addition
New Construc#ion
Other (fence, ligh#ing, signs, eic.):
�
Phone Number: ��F��
E-mail: ��'
Zip Code: :
Phone Number. �~� ��' ��` �� ��,��c�
E-mail: _i'a,n.�.a.�l +�d.�.r@� w�.�� .ca�t
��
Zip Cade: �
Rslocation
�I]emolition (part a� whole)
In-Kind Replacement
ACKNOWLEDGEMENTS:
I certify that the abQVe information is correct and complete to the best of my knowled.ge and ability.
By signing this application, stafif is granted access to my praperty to perform work related to my case.
I agree to provide any additional informa#ion neaessary for fhis appfication as requested by fhe Planning
Department or Historic Landmark Commission.
�3wner:
w �
ApplicantlAgent:.:.RLL "� _
Date:
Date: � � � � 3
Please note: IN�$��C �ta nrs� proceed until a �ic�dicrr� �t�� been approved,
Ofjice Use Only:
, � � ���;
Date f�eceived:
Case fVumber:
�i�-`c'.5-�{ SF��;�C��>€i�( .hr;i�E°�V
';a � ���������
�ENT�1�
City of Denton
Histaric Landmark Commissian
Certificate of Appropriateness �CC�A) �hecklist
Note: Cfty staff may require Additional lnformation durr�rg the project revrew.
Please nofe:'�11�r�� r��v r��� �ra�+��rf �r���M ���Ei��ti�� h�� ���r+ �r��r�v���
� ��, � � # �'.��� 8.. � ..�� � Ib :� L '.�� M . �. � � ..
� Completed and signed application �nd ch�ckfist
� Detailed description of the proposed work
Proof of ownership or authorizataon to act on behalf of owner
� Pho#ographs of current conditians/affected areas
REQUfRED DQCUMENTATtON:
Is your proposed wnrk for:
�
�
In-Kind Repiacement (Using the same materials and colors.) In addition to
the required documentation, plsase incfude the information befow with your
application:
�Sampies of materials to be used with manufacturer specification
sheets.
Exterior Alteration or Addition, In addition to the required dacumentatian,
please include the information below with your application:
� V Site plan of the property. A copy of the site plan mus# be
submitted. Site plans must include:
° Scale and n�rtl� arrow
3; Location and dimensions of the lot.
. _ Footprint of all existing and proposed sfructures with
� T dimensions.
,
_�� Location of driveway with dimensions
�° '� Buildin.g setbacks (Distance befinisen the building(s) and tt�e
; w ' ` property lines.)
� Alley location and dimensions (where applicabl�)
Street names
Sidevvalk location and dimensions
�
Elevation drawings of proposed changes
Samples of materials to be used
Architeetural drawings
Demolitton Part or Whole (circle one)
05/13 � T. _ Page 1
�"
� ��r�a�k��ra�1 ���car�� tv d���m�r�t tMe r�asnns for demolition.
�� Phc�t�rgr��h� c�f ��� ��fect�d �rea — all sides af the structure, and
a������t ��t�c��tr�s.
Piease note that a demolitOon permit wil! be required prior to
beginning demolltion.
New Construction or Relocation
Site plan of the proposed canstructionlrelacation. A copy of the site
plan must be submrtfed. Site plans must include:
Scale and north arraw
Location and dimensions of the lot.
�ootprint of all existing and propased struciures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance between the building(s} and the
property iines.)
Alley location and dimensians (where applicable}
Street names
Sidewalk location and dimensions
Surve.y of the property
Building elevations
Samples of materials to be used
Architectural drawings
Please note tha# some renovations and �11
building permit.
, n
S�gnature `� � _
new construction will require a
a�€f� � �'� —��
Print Name � �_� _ ~ � ��� �
I have reviewed the checklist ,�� all submlttals for comple#eness and accuracy.
05/13 4 , Page 2
�
Request of COA for the property at 1807 N. Bell Ave
Request #1
Windows:
Replace the windows on the front of the house back to the original size and material. As you
are facing the house, replace the single window on the right side of house in front of the
fireplace and replace two windows on the left side closest to the corner.
These are just examples of the window frames. If it is a one-over-one window, then that is
what will be made.
�
�'!'i ti' S,�; ���,
itl �s��,� ��,:.�t�'�������
� �
HISTORIC LANDMARK COMMIBSION
CER7IFICATE pF :APPROPRIATENESS
APPLiCATION
� 2
Planning Division: Cindy �ackson, Z21 IV. Elm Street, Denton, T�xas, 76203. Phone:
940-349-8351
HISTORIC PR4PERTY:
/ .
Address; — � � (.� � �.. � ( � ,� l/r� .
City: _��`y ����v ^q"'.�,�..
f'arcel Num�er: � `C)�
�� —
State; � Zip Code �—
PROPER7Y OWNER/AGENT;
Owner's Name: �� � !�, � •� 5 �
Owner's Address:
(1(different �� � �#����) .�
C;ify: �i' � �'�- � ��!„�,. �eJ State: � 1`
Agent (If anY): �c�,�,�1��. i U c�e� :f- -
�����t � �,�����: P� . �� � g l� , A . .
�ity� � �. � State: _'l`>C ,n� -_ ��
PROPOSED WORK: ��rv� �c3t.c,.I.�... d- s��. ��
� Exterior Alteration
Addition
New Consfruc�ion
Other (fence, lighting, signs, etc.}:
Phone Number: ���
E-mail: �'���'
Zip Code: ��- .�
Phone Number: �l� i "� ?G ' ���'�
E-mail: i'u,n�.a1,1. +�d.�.�–@� �►�.G-�:��.cait
Zip Cade: t�
Relocafion
�Demolition (part or whole)
In-Kind Repiacement
ACKNOWL�DGEMENTS:
I certify that the above information is cor�ect and complete to the best of my knowiedge and abiiity,
By signing this application, staff is granted access to my property to perform work related to my case.
I agree to provide any additional information n�aessary for this application as requested by the Planning
Department or Historic Landmark Commission.
�wner:
r
_ �
/�pplicant/Agent:. � � -
Date:
Date: 1�–� i3
Please r�ote: Work mav not p_t����s�c� until applicatis�r� has been �: r����#,
Office Use Only:
Date Received:
Case Number:
t)��=���,�.�� �A���C�40�i .?�,t���U
,f„ �
t
_��1°+1T'�N
City o# Denton
Historic Landmark Commission
Certificate of Appropriateness �Ct�A) Checklist
Note: City sfaff may regLire Additionsl Inforr»ation durirrg the profect r�view.
Please not�: Work mav not aro:ceed until application has been approved
and a buildinp aermit fwhen anqiicabie) has been issued.
� � i �r � _ +� � °� � x � • � �
� Completed and signed application and checkfist
-
• Detailed description of the proposed work
� Proof of s�wnership or authorizataon to act on behalf of owner
� Photographs ofi current conditions/affected areas
REQUIRED DOCUMENTATtON:
is your proposed work for:
�
�
, ,`
a�
�
In-Kind Replacement (Using the same materials and colors.� in addition to
the required documentation, please include fhe information below wit� your
applicafion:
�Samples of materials to be used with manufacturer specification
sheets.
Exterior Alteration or Addition, It� addition to the required dacumen#ation,
piease include the information below with your application:
v Site plan of th� property. A copy of the site plan must be
submitted. S1te plar�s must include:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all existing and proposed structures with
d'rmensians,
_ Location of driveway with dimensions
Buildin.g setbacks �Distance beiween the buifding(s} and the
property lines.)
Alley loca#ian and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Elevativn drawings of proposed ehanges
S�mples of matsrials to be used
Archifectural drawin.gs
Demolition Part or Whole (circle ane)
_ . :
05/13 Page 1
` "�!
� �tr��i�r�l r�p��� t� �������� the reasons for �emolition.
�� _ PY��ta���p�� �� t�r� ����t�� a�ea — all sides of the structure, and
�dj���r�� �t��a�t�re�,
Piease note that a demolit'ron permit will be required prior to
beginning demolition.
New Construction or Relocation
Site plan of Ehe proposed constrwction/relocation. A copy of the site
plan must be submitted. Site plans must inciude:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all exisfing and proposed struciures wiih
dimensions.
Locatian of driveway with dimensions
Building setbacks (Distance beiween the building(s) and the
property lir�es.)
Alley �ocation and dimensions (where applicable}
Street names
Sidewalk location and dimensions
Surve.y of the property
Building elevaiians
Samples of materials to be used
Architectural drawings
Please note that some renovations and all
building permit.
� 4 '"
Signaiure "� �
new construction wlll require a
��t� � � `r� �` � �
, .
, ,
_
Print Name [�� r''�_ ,.�.�,,,g ., � - -�
m._�._..
I have reviewed the checklist �� ail �ubmit#ats for completeness and accuracy.
f}5J13 Page 2
�
Request of COA for the property at 1807 N. Bell Ave
Request #2
Porch:
As you are looking at the house, we will be removing the flagstone from the front porch and
step, and replacing with a concrete cap.
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HISTORlC LANDMARF� COMMiSSION
CERiIFICATE QF APPROPRiATENESS
� .� E ,�; �
APPLICAT(t7N
��� '� �� P� Planning Divisian: Cindy Jackson., Z21 N. Elm Street, Denton, Texas, 76201 P�1o�e:
� � 940-349-8351
HISTORIC PROPERTI(:
_ _ � �Q ,�.., /� � !/ ���
Address: � � � �
Clfy:
�..,.�i� U nr
Parcel Number: /�i �(.���
State: �• _ zip Code: `""T�"`�
PR�PERTY 01NNER/AGENT:
owner's Name: �:_� �t, ��- 5 S
Owner's Address:
(!f different ti� n �b���� �-
City: ��� ��-� �i �..W State• � �
Agent (If any):.�c�,�,,��� 1 uc�j.;(�' .
Street 8 Number: �� • 1 °
�� ..
City. , : . � � �tatec T�
�������� v�r���a �t��,,� S�+s �- ��,1c.�
Exterior Alteration
At�ditian
New Co.ns#ruc#ion
Other (fence, lighiing, signs, etc.):
Phone Number: �y�
E-maiL• �"
Zip Gode: 7�
Phone Number ':i,.���'S� �� ' `����
E-mail: i'a.n�.Ll. +�d.�,r-@9 v►�,G-c`��co„2;t
Zip Gad�: ��ra
Relocafian
Demolltion (part or whole)
In-KCnd Replacement
ACKNOWLEDGEMENTS:
I certify thai the above informafion is correct and compl8te to the bes# of my lcnowledge and abili�y,
By signing fhis application, sfiaff is granted access to m�r property to perform work relaied to my case.
I agree to provide any additianal infarmation ns.ce.ssary for ihis application as requested by ft�e Planning
Depar�ment or Historic Landmark .Commissian.
Uwner: _, �
,C�—�
Applicant/Agent:�.�
Date:
Date: I � — `� — 13
P/esse note: W+ork may not procead un_iil appli�ati�r� %�� �r��a�a c� rcr�+ucl.
Of/ice Use Only:
Date Received:
Case Number:
tl`�-2a�`I.5Rii040"I �-f;iihlV
� 4 �:
Y
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r '�
a�
Gity of Denton
Hisiaric Landrnark Commi�sian
C�rtificate of Appropriateness (COAj Ghecklist
Note: Ci�y sfaff may reqLi�a Additional Inforr»atian durr�rg th� pr�jecf ravr'ew
Please note: �+�e� rn� �c�fi r����€� �a�ti� � l���t�+�n �r�� ���� � ��r�d_
�N�� � ��i�din �rmi� wl��n � . i����l� ��� ���� i�����.
^. � � �� � � : �. ,, ��� � ,�
� Compfeted and signed applicatbn and chec�fist
Detailed description of the propased work
� Proof of ownership or authorization to act an behalf of owner
� Photograph� of current co�ditions/affected areas
RE(�UIRED DOCUMENT,_ ATION:
Is your proposed work for:
� In-Kind Repiacement (Using the same maierials and cotors.) in addition to
the required documentation, pl�ase include the �nformation belaw with your
applicafion:
�5amples of mater'rals to be used with manufacturer specifiGafion
sheets.
� Exierior Aiteration or A�ddition. !n addition to th� rer�uired documentation,
please in ude the infiormation below with your application:
". Site plan of the property. A copy of the site plan must be
submitted. Site plans musE inatude:
° Scale and north arrow
F
Location �nd dimensians of the lof.
Footprint af all existing �and propased structures with
d'rmensions.
_ E.acation of driveway with dimensions
* Building setb�cks (Distance between the buitding{s) and ti�e
property lines.)
� Ailey locatian and dimensions (where applicabie}
Street names
�idevvalk location and dimensions
./�
Elevation drawings of proposed changes
Sample� of malerials to be used
Architectural drawin.gs
D�molition Part or Vlltiale (circle one)
05/13 Page 1
' =�!
� �fr�c�ur�1 r�p�rt� �� ����am�nt the reasons for demolition.
� F P��t�a�r���� qf th� ����t�� �r�a — all sid�s of the strueiure, and
�dj�c�r�t �t�����ar��,
Please note that a demoliiion permit will be required prior to
beginning demolition.
New Construction or Relocation
Site plan of the proposed .constrwatinn/relocati.on. A copy of the site
plan must �e submitted. Site pl�ns must inciude:
Scale and norih arrow
Location and dimension� of fhe lot.
Foofiprint �f all e�c'rsting and propased struci�res wiih
dimensions.
Location of driveway with dimensions
Building setbacks (Dis#ance between the building(s) and the
prop�rty lines.)
Alley location and dimer�sians (where applicable)
Street names
Sidewalk locati�n and dimensians
Surve.y of the praperty
Buil�ding efevations
Samples of materials �o be use�
Architectwral drawings
Please note that some renovations and �II
building permit,
; �
S�gnature �` •
nevv construciian will require a
���� � �''�'�3
_ �,�� �' .
Pri�t Name �i _�. �r��-� �
I have reviewed the �F����1���i �r� all submitfals for compteten�:sr and accuracy.
45115 Page 2
�
Request of COA for the property at 1807 N. Bell Ave
Request #8
Parking places in the back of property:
Looking at the front of the house, we are asking for an additional two parking places made out
of concrete with sidewalk to the back door.
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HISTORIC PROPERTY:
HISTORIC LANDMARK COMMISSION
CERTIFICATE OF APPROPRIATENESS
APPLICATION
Planning Division: Cindy Jackson, 221 N. Elm Street, Denton, Texas, 76201 Phone:
940-349-8351
Address (� �. � ��.�
City: l�P�w�a� State: I� Zip Code�
Parcel Number:
PROPERTY OWNER/AGENT:
Owner's Name: � t°�"�r ��'-�5
Owner's Address: � � • � � '7 t� �
(If dififerent than a6ove)
CitY: � �,� � ��� � State: `� � � � Z �,�
Agent (If any): ��.��.�-�. �.� I -�c��
Street & Number: �Q (� mC ���
City: �- � � State: 1 JC
PROPOSED WORK: � �� a� �w-�r�ec �j�es icS,e
✓ Exterior Alteration Relocation
Addition Demolition (part or whole)
New Construction In-Kind Replacement
Other (fence, lighting, signs, etc.)a
Phone Number:
E-mail:
Zip Code:
Phone Number. y(o�- S7� - ���6
E-maiL' 4'�-+�a.c't�.1.�. _�u�c�� Q�'��.��_Co,n�
Zip Code: Z�
I�US�. C�;ch�ce �� 1c�o�'•�
ACKNOWLEDGEMENTS:
I certify that the above information is correct and complete to the best of my knowledge and ability.
By signing this application, staff is granted access to my property to perform work related to my case.
I agree to provide any additional information necessary for this application as requested by the Planning
Department or Historic Landmark Commission.
Owner:
Date:
,������e
Applicant/Agent: _ Date: I� ' Z� l 3
����� ��� .
Please note: Work ma not r�r��ec� until a lication_has been a roved.
Office Use Only:
Date Received: ________ Case Number:
t r ,,
3::fi
_ ^�1
City of Denton
Historic Landmark Commission
Certificate of Appropriateness (COA) Checklist
Note: City staff may require Additional Information during the project review.
Please note: WorkTma� not proceed until application has been approved
and a buildin ermit when a licable has been issued.
REQUIRED DOCUMENTATION FOR ALL APPLICATIONS:
✓ Completed and signed a�pli�ati�n �r�d �he��list
�a Detailed description o� th� �r��t���d �rca�k ��s« � P�'��"
� Proof of ownership or �u����izatic�n t� ��t �n behalf of owner
� Photographs of current conditions/affected areas
REQUIRED DOCUMENTATION:
Is your proposed work for:
In-Kind Replacement (Using the same materials and colors.) In addition to
the required documentation, please include the information below with your
application:
Samples of materials to be used with manufacturer specification
sheets.
� Exterior Alteration or Addition. In addition to the required documentation,
please include the information below with your application:
�' Site plan of the property. A copy of the site plan must be
<
submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot_
Footprint of all existing and proposed
dimensions.
Location of driveway with dimensions
structures with
Building setbacks (Distance between the building(s) and the
property lines.)
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Elevation drawings of proposed changes
Samples of materials to be used
Architectural drawings
Demolition Part or Whole (circle one)
05/13 Page 1
Request is for new gate faeing street on the left side of house crossing drive behind front corner of
house. Ta be made out of similar material as original fenee. Six ft. in height.
�
HIST�RIC LANDMARK COMMISSION
CERTIFICATE OF APPROPRIAT�NESS
�.i,� �, � APPLICATION
���� , . °'�`�����a��.�����'"�"�
� Planning Division: Cindy 1a,ckson., 221 N. Elm Street, Dentnn, Texas, 76201 Phone:
�� 940-349-8351
HISTORlC PR�PERTY:
Address: � U� .� c ( � (/ ,
City: _ _��� � v "_-
Parcel Plumber: � iC��r'��
PROpERTY OWNER/AGENT:
,,.�-
State; � , _� Zip Code: �^
owner's Name; ._ �} ~ � di (\ "� ���'�- 5 S
Owner's Address:
(If differenl tl� r� �b��e} �...
C;ity: �1 " � �� c. �l �.. W SEate: �
�
—
Agent (If any): � �,..�� U _�-` - -
Street & Number: �,� � l `�' • �
, w...__,
City, a� �r �. �. State: '1'>G
�° _" _
�������� ����� � ��� ��
Exterior Alteration
Addition
New Construc#ion
Other (fence, lighting, srgns, etc.):
Phone Number: ��mP�
E-mail: �^
Zip Gode: 7�
: �.
Phone Number: _'�, l�l�'S� ?� ' ��'a
E-mail; 1'a..��.aLl. -t-�d�.r-@� w�.�-�:�.�co►�;�
Zip Code: ` _
� Relocafion
Demolition (part or whole)
In-Klnd Replacement
ACKNOWLEDGEMENTS:
I certify thaf the above information is carrect and c�mplete to the best of my knowledge and abili�y.
By signing this application, staff is granted access to my property to perform work rela#ed to my case.
I agree to provide any additi.onal infarmation nece�ssary fot this application as request�d by the Planning
Department or Historic Landmark Commission.
Qwner: _„
{ Y i
Applicant/Agent:_,� �-
Date:
Date: ��-`�- �3
Ple�se note: 1N"�rrk �� t�aat P��r��d ���i31 � �i+��tic�r� I��� �s��n a rcrv�r�.
Office Use Only:
Date �eceived:
Case Number:
C) � — `� 5 °~ �S �� t1 �;a Q �� {3 '1 �- r�ti I � I�� V
� ��
�
#
����� � �
a�� ,� ,
� F F � 4" a `�
City of Denton
Histaric Landrnark Commission
�ertificate of Appropriateness �COA) Ghecklist
Nofe: City staff m�y require Addifional Information during the project review
Please note: tt��r� rr�� �+�� r��+��� �nt�� � li��tic�r� t��� k���t� � r�v��
��a� � ��si��t%r�� �a�r�i� (�rh��t a��li��t�l�� ��� i�e�� i��u��,
'� � � i �,. .� '�. � � �., � �.. ) A. � R � � �. ,,.
� Completad and signed application and checklist
�� Detailed description of the proposed work
Proof of own�rship or authorization to act on behalf of owner
° Photographs of current condifions/affected areas
REQUIRED DOCUAAENTATtON:
Is your proposed work for:
� In-Kind Repiacement (Using the same m�aterials and cofors.) ln addition to
the required documentation, plsase include the inforrnation belaw with your
applicafion:
�Sampfes of materiais to be used with manufacturer speci�ication
sh�ets.
�
f ' 4 .
;� ..
�
Exterior Alteraiion or Additlon, ln addition to the required documentation,
please include the ir�formatian below with your applir,�tion:
V Site plan of the property. A copy Qf the site plan must be
submitted. Site plans must i�clude:
Saa1� and nt�rtt� arrow
Location and dimensions of the lot.
Fnotprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance between the building(s} and fhe
property lines.)
All�ey focation and dimenSions (where applicable)
Street names
Sidewalk location and dimensions
Elevation drawings of propo�ed changes
Samples of materials ta be used
Architectural drawings
Demolition Part or Whole (circle ane)
05/13 Page 1
' =�`!
.� '��r���;��r�f r�p�r�� t� d�����r�� the reasons for demalitian.
� � �t�s�t��r���� �f �f�� �fi�+���e� �rea -- all sid�s of the �tructure, and
�t�����r�f �truct����.
Ptease note that a demolition permit wifl be required prior to
beginning demolition.
New Construction or Relocation
Site plan of the proposed canstruction/relocation. A copy of the site
plan must be submitted. Site plans must include:
Scale and north arrow
Location and dimensions of the lot.
Footprint of all exisYing �nd proposed structures with
dimensions.
Locatian of driveway with dimensions
Building setbaeks (Distanae befinreen the b�ilding(s) and the
property lin�s.)
Alley location and dimensions (where applicable)
Street names
Sidewalk locatian and dimensions
Surve.y of the property
Building elevations
Samples of materials to be used
Architectural drawings
Please note that some renovations and all
buiiding p�rmit.
� �� .w
Signature '°�
new construction wilf require a
���� � � � �� �
� �'�'•�,�..�.�,ti ��� —��� ^
Print Name � �
I have rev�ewed the checkitst �r�all� submittals for compteteness and accuracy.
45/13 ___ Page 2
\
Request of COA for the property at 1807 N. Bell Ave
Request #5
Fence:
Looking at the front of the house, we will be removing the three posts at driveway on the left
side and the fence on the right side in front of the fireplace. We are requesting permission to
use this material to replace the fence behind the fireplace on the right side that is in poor
shape.
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HISTORlC LANDMARK COMMISSION
CERTIFICATE QF :APPROPRIAT�NESS
APPLiCi4TION
Planning Division: CindyJackson, Z21 iV. Elm Street, Dentnn, Texas, 76201 Phone:
940-349-$3� 1
HISTbRlC PROPERTY:
Add ress: � l� � I��� r 1 J� �N
�. �,
Cify: �, i��� U"' State; �� Zip Code; �`
, �
Parcef Rlumber: � C)���'�
PROPERTY OWNER/AGENT;
Owner's Name; _ � �' !`1 �,�'� ��'� 5 �
Owner's Address:
(If different �Ir �r� ��ave j �.
�'�[���.� , ) �
City: . (,� �„�._ w Sfate:
Agent �If anY): ����;� 1 � � .� . ,
Sireet & Number: �� • 1 ° _ � �
.��-� �
,
City� �. � State: T>G
PROPOSED WORK: C ����-��
� Exterior Alteration
Addition
New Construction
pther (fence, lighiing, signs, etc.):
Phone Number: ����v�
�-mail: ��-��..��.
Zip Gvde: 7�
Phone Number: _':% l��\`'S ?� ' �{��'a
E-mail: 1'a..`�a�l . t��.i-@9 w�.��..:.��t
Zip Gode: -
Relacatian
�Demolition (part or whoie)
In-K(nd Replacement
ACKNOWLEDGEMENTS:
I certify that the above information is correct and c�mplete to the best of my knowledge and ability,
By signing fhis application, siafF is granted access to my property to perforrri work relat�d to my case.
( agree to provide any additional information necessary for this applieatian as requested by fhe Planning
Department or Histaric Landmark Commission.
Uwner:
1
ApplicanUAgent:_� � �
�
Date:
Date: ��-�- �3
Please note: �CU�rk r�r� n�i ���c��� �r�ti� � lic�ti�n has b��r� a rarr��.
�ff►ce Use.Only:
Date Received:
Case Number:
tJ�-�3°-'( SA;�U��f}'! ..l����fi�
, � :4 �����' � ����
����
City of Denton
Historic Landmark Commissian
�ertificate of appropriateness (COAj Checklist
lVote: Ciiy staff may reqr�ire Additional Inforr�aation durirrg the profect review.
Please nate: '�U�r� rr�� ��at �r����� �r���M ,� ���a#i�� ��� ���� � r�v��
and a building permit (when a�plicabie) has been issued.
1� . � � �' � �� �� � A; � � � ,i s �.4 # �, � ..
� Completed and signed application and checkfist
���� Detailed description of the proposed work
Proof of ownership or authorization #o act on behalf of owner
��� Photographs of current conditions/affected areas
REQUIRED DOCUIUIENTATtdN:
Is your proposed work for: �
�
�
In-Kind Repiacement (Using the same materials and colors.} In addition to
the required documentation, plsase include ihe information below with your
application;
�Sampies of materials to be used with manufacturer specification
sheets.
Exterior Alteration ar Addition, !n addition to the required documentation,
please include the information below with your application:
JSite plan of the property. i4 copy of the site plan must be
submifted. Site plans must inelude:
,� Scale and narth arrow
• Location �nd dimensions of the lot.
. Footprint of all existing and proposed � structures with
� dimensians.
� Locatian of driveway with dimensions
`~ ' i Building setbacks (Distance between the buifding(s) and fhe
d� � ` ` property lines.)
' ~ Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
./V
El�vation drawings vf proposed changes
S�mples of materials to be used
Architectural drawings
DemoHtion Part or Whole (circle one)
05/13 . Page 1
'=-�
���t�°�r���r�l r���r�� t� �i���m�rrt th� reasons far demolition.
�Pl��fa�r,��h� caf tF�� �ff��t�d ��°�a — all sides of the structure, and
��j����t �����t����.
Ptease note that a demofition permit will be required prior to
beginning demoliti�n.
New Construction or Refocation
Site plan of the proposed construciion/relocation. A copy of the site
plan must be submitfed. Site plans must include:
Scale and north arrow
Location and dimensions of th� lot.
Faotprint of all existing and propos�d s#ructures with
dimensions.
Locatian of driveway with dimensions
Building setbacks (Dis#ance between the building(s) and the
property lines.)
Alley location and dimensians (where applicable)
Street names
� Sidewalk locati�n and dimensions
Surve.y of the property
Buiiding elevations
Samples of materials to be used
Architectwral drawings
Please note that same renovations and all
building permit,
� ° ._
Signature �
new construction will require a
�at� � � `� `� �
� � ��v. �-.�.�,--� � � .
Prin# Name � � � .� ��
I have reviewed the �h��l�list �sr� afl submittals #or compteteness and accuracy.
05/13 . .e ..Page 2
�
Request of COA for the property at 1807 N. Bell Ave
Request #4
Paint Color:
I would like to request that the following off white color for the body of the house be accepted:
+
x �
I would like to request that the following dark brown color be used on the shutters on the front
of the house:
Sw C�lll
C�co �.�-� l�us�,
�
56
SW 6385
Dover Whi1e
SW 6387
Compatibie Cream
1'
7
aliyM �uini4
S'0�9MS
L'�
i:i!
HISTORIC LANDMARK COMMISSION
���n� CERTIFICATE OF APl�ROPRIATENESS
,�,� �� ��, �
"�, � APPLICATION
_ �U
�� 43�dd�tl� n �1�1's � ��� .-,,; ir,
�`"`#"'� k�� "—��' `� planning Divisfon: Cindy Jackson, 221 N. Elm Street, Denton, T�xas, 76201 Phone:
� 940-349-$351
HISTORIC PROPERTY:
� �6 c� � � t� �� /� r/N .
Address: .
City:
�_.s�� U
f'arcel Number: __� ���C�(�
State; _ � � Zip Code; , `��`�
PROPERTY OWNER/AGENT;
Owner's Name; �� �� �� ��``� ����•�' S �
� T , �,,,..� ,,...�R, .
Owner's Address:
(!f different f!r• r� �ti��a�e) ��
p , ` : ,/
City: � � t�Q. c. �;�1�-�'. W StatC: ��`
Agent (If any): � , �..��. .1 u �
Street & Number: . • 1�� `� � � �
�_..—, ,
City, , , � �. � � State: . }�
�"��P"Q��� V'�+�+��: tY�e.,tis iv,�
� Exterior Alteratian �
r
-�.� S w. �6���-�
Addition
New Consfruction
Other (fence, lighfing, signs, etc.):
Phone Number: ���
E-mail: ��
Zip Code: �
Phone Number: _':I, �!\"S �` ' ��'O
E-mail; ,�('a,��,Q,�l . -��d.o�f- �� `c
Zip Code: _
Relocation
Demolition (part or whole)
In-Kind Replacement
ACKNOWLEDGEMENTS:
I certify thaf the above information is correct and complete to the best of my knowledge and ability.
By signing this application, sfaff is granted access to my property to perforrn work related to my case.
I agree to provide any additional information nece:ssary for this application as requested by the Planning
Department or Histaric Landmark Commissfon.
C?wner:
�� �
/� Iicant/A ent: `�-���- �
pp 9 . ,- - - -
Date:
Date: � � — � � 3
Please r�ote: Work mav na�roce_ed _u__ntil_application has been approved.
Office Use Only:
Date Received:
Case Number:
i.i,�__��,'��.�I �5r�,����if��P ...r�,1�'fJV
���� ����,���h� City of Denton
��{��"�'�.�N Hi�toric Landmark Commission
Certificate o# Appropriateness �COA) Checklist
Note: City staff may require Addition�l Information during fhe praject review.
Please note: Work mav not proceed until ap lication has been approved
and a buildina permit (when apqlicabie) has been issued.
:;
>
;! �
���fJ���� ��i�UI1���T�i�'[��! ��� ,��.i� ;►��"P���,A�l�l�f��:
� Completed an� signed application and checklist
-�� Detailsd description of the proposed work
� Proof of ownership or authorization #o act on behalf af owner
� Photographs of current conditions/affected areas
REQUIRED DOCUMENTATtON:
Is your proposed wnrk for:
V
�
./1/
In-Kind Replacement (Using the same materials and colors.) In addition to
the required documentation, plsase include the information below with your
applicafion:
�Samples of materials to be used with manufacturer specification
sheets.
Exterior Alteration or Addition, In addition to the required documentation,
please include the information below with your application:
� Site plan of the property. A copy of the site plan must be
submitted. Site plan� must include:
Scale and narth arrow
Location and dimensions of the lot.
� Footprint of all existing and proposed structures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance between the �uilding(s} and fhe
property lines.)
Alley location and dimensions (where applicabie)
Street names
Sidewalk loca#ion and dimensions
Elevation drawings of proposed changes
Samples of materials ta be used
Architectural drawings
Demolition Part or Whofe (circle one)
.�... _ � .s _ �.___
,
05/13 � Page 1
�• �
�°'_ ��r�a�t��r�� r���r�� ta tl������r�Y the r�asnns far demolition.
�� " Pi�����r���� �f ��� �ff��t��i area — all sides of the structure, and
adj�c�r�t �tr�a���a�°��.
Please note that a demolition permit will be required prior to
beginning demolition.
New Construction or Relocation
Site plan of the proposed canstruction/relocation. A copy of the site
plan must be submitted. Si#e plans must include:
Scale and north arrow
Location and dimensions oi th� lot.
Footprint of all existing and proposed s#ruciures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distance between the building(s) and the
property lines.}
Alley loca4ion and dimensions (where applicable)
Street names
� Sid�walk location and dimensions
Survey of the property
Building elevations
Samples of materials to be used
Architectural drawings
Please note that some renovations and all
building permit.
� ��� � -
Signature � � �-
new construction will require a
c���� ( � —� —1 3
� �� �� , � � ,� .
Print Name � �_ � - — �. �� �� -- _
I have reviewed the checklist �� ' a11 submfttals far comple�eness and accuracy.
asi13 _ _ -._ �ag� z
�
Request of COA for the property at 1807 N. Bell Ave
Request #7
Extension of house on SW corner:
Looking at the front of the house, we are asking for an addition to the back left corner of the
house.
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HISTORIC LANDMARK COMMlSSfON
�
��4 � CERTIFICATE pF APPROPRIATENESS
` APPLICATION
�'!�( ti� �� ���,b
�}I� 3�� �°'� ,��'°"������ planning Division: Cindy lackson, 221 (V. �lm Street, Denton, T�xas, 76201 phone:
� �
a „ 940-349-8351
HISTORIC PROPERTY:
_
Address: _�.G�� � _ l �> � (1 /� ��- .
City �� �.��j U �.....
Parcel Number: � � C� `��(�
State: � �- _ . Zip Code; _ _
PROPER7Y OWNER/AGENT:
Owner's Name; � � � ��'� � �
Owner's Address:
(If differeni tlr r� ��r�v�j �-.
C,it � � ���-c, ��!,�i. �cJ Sfate: � r
. y.
.
Agent (If anY)� ����. � u � :.r .
street & Number: po . 3� `-� g� � '
r._., .
City, �ti � �e. Sta�e: _"� ;
P�!J�C���C711'�"+���C: � i' "� op �-"
Exterior Alteration
Addition
New Consfruc�ion
pther (fer�ce, lighting, signs, etc.): ___
�..-=_,
Phone Number:
E-mail: ,.�-��_�.,.._»»�
Zip Code: :_ �
Phone Number: . �-� ��' �`S� ?� ����
E-mail:,�i'a,n�.�.�1. t�d.�,r-@�w�.��.:�°wt
Zip Cade: ~� ��
_ _ Relocation
�Demolition (pari or whvle)
In-Kind Replacement
ACKNOWLEDGEMENTS:
I certify thai the above information is correct and camplete to the best of my knowledge and ability.
By signing this application, siaff is granted access to my praperty to perform work related to my case.
I agree to provide any additional information nece,ssary for fhis appliaation as requested by fihe Planning
Department or Histaric Landmark Commission.
�wner:
�G�—�
Applicant/Agent:_� . .
Date:
Date: ��—`�— �3
Please note: W�rt� r�,� r�c�� r����c# until applicatda� h�� besn approved.
Of�'ice Use Only:
Date Received;
Case Number:
t} � w � �� o„ '� :5 �i �� �i �� Cs '! ° ��� 1$I°� �
H ��
� � f f!
kr
�� �
i�� �;��
City of Denton
Historic Landrnark Commission
Certificate of Appropriateness (CI�A) Checklist
lVote: City sfaff may require Additiona! lnformation durrrrg fhe project review.
Please note: �tV+�rk r�n�v ��� �r�s����d �t�til ����i����c�� I��� �e�� ����v��
�-� � � �� ` +� ; �� � x, x �
�� Completed and signed application and ch�cklist
�Detailsd descrip#ion af the proposed work
� Proof of ownership or authorization to act on behaif of owner
Photographs of current conditions/affected areas
REQUIRED DOCUMENTATtON:
Is your propnsed work for: �
� In-Kind Repiacement (Using the same maferiais and colors.) ln addition to
the required documentation, please include the iniormakion below wi#h your
applicafion:
�Samples of materials to be used with manufacturer specification
sMeets.
� Exterior Alteration or Addition, ln addition to the required dacumentation,
please include the information below with your applir.ation:
'. V Site plan of fhe property. A copy of #he sifie plan must be
submitted. Site plans must include:
,� Scale and norkh arrow
° Location and dimensions of the lot.
` . Footprint of all existing and praposed structures with
� • dimensions.
�
_° Location of driv�way with dimensions
�` '� Building setbacks (Distance between the building{s} and the
;; 4 ' property lines.)
' � Alley locatian and dimensions (where applicable}
Street nam�s
Sidewalk location and dimensions
Elevation drawings of proposed changes
Samples of materials to be used
Architectural drawings
Demolifiion Part or Whofe (circle one)
05/13 Page 1
-�`!
�� �tr�c#ur�� ��p�rt� �a d���rn���t the reasons for demolition.
�`�h�t��r�p�� �af t#�� �ff����� �rea — all sides af the structure, and
�d�,��e�i �4r�actt,�r��.
Please note that a demalition permit will be required prior to
beginning demolition.
New Cons#ruction or Relocation
Site plan of the proposed construction/relocation. A copy of the siie
plan mus# bs submitted. Site plans must include:
Scale and north arr�w
Location and dimensions of #he fot.
Footprint of all existing and proposed s#ructures with
dimensions.
Location of driveway with dimensions
Building setbacks (Distanae between the b�ilding(s) and the
property lines.�
Alley location and dimensions (where applicable)
Street names
Sidewalk location and dimensions
Surve.y af the property
Building elevations
Samples of materials to be used
Architectural drawings
Please note that �ome renovations and all
building pQrmit.
� � �
Signatare � __
new construction will require a
Date � �'� ��3
Prin# Name � � _�- � � � � �
.-
� �� �_�. .....
I have reviewed the �����rl'r�� ���all submittals for compteteness anQ accuracy.
Q5/13 . ' Page 2
l
Request of COA for the property at 1807 N. Bell Ave
Request #3
Front Door:
As you are looking at the house, we would like to request that the following door replace the
existing front door with same size and swing.
r �
HISTORIC LANDMARK COMMISSION
f CERTIFICATE QF :APPROPRIA7ENESS
�,p,t�, � Y 4�� APPLICATIC7N
a �i� K�tf � ����� t.���� �,�°���
� Planning Division: CindyJa,ckson., 2z1 iV. Elm Street, Denton, T�xas, 7'62Q1 Phone:
� 940-349-$351
HISTORfC PROPERTY:
Add ress: __ � � � � l <-1 i� l � „� (��
City:
��� U �
Parcel Mumber: � i���
���t�; �� Zip Code:
PROPERTY OWNER/AGENT:
Owner's Name: � � (`1 ��`� 5 �J
Owner's Address:
(N drfferent #tr r� �bc�ve} �-
�� t .. , l ,/
Cify: �� � .�l �,. �/ Sfate: � /`
_ _ ___
Agent (If anY)� ��L�. U � :r -
Street & Number: PO � 1�� `�'g � �
�a�� ,
City: , � � �, State:
��!�P"�;���7'�C���C: CC��,rn ne � �
Phone Number:
�-mail: ��
Zip Co�e: � _ �
Phone Number: �, iaa. `�,�` 7� ` �6
E-mail; {'a..`�,�1. +ud�.�---@� w�.G-c����°wt
Zip Gode: _
Exterior Alteration � Relocation
Addition Demolition (part or whole)
I�ew Cons#ruc#ion � In-Klnd Replacement
pther (fence, ligh#ing, signs, etc.):
ACKNOWLEDGEMENTS:
I certify that the above information is carrect and camplste to the best of my knowledge and ability.
By signing this application, staff is granted access to my property to perfarm work related to my case.
I agree to provide any additional infarmation nece:ssary for this application as requested by the Planning
Depariment or Historic Landmark Commission.
�wner: +„
�
�
/�pplicant/Agent:_� "-�
Date:
Date: 1 � `� l 3
. - .; . , . _.. _. . .- �
Office Use Only:
Date �eceived:
Case Number:
(.l`�°`��-°�i 5�i�i1��tJ! _����NV
.=b� � ����,� ,�;
�i��1T��
City of Denton
Historic Landmark Commission
Certificate of Appropriateness (COA) Checklist
Nofe: Ciiy staff may require Additiona! Information durrrrg fhe project review.
Please note: �V+�rl� r�i� ��t r����d �r�ti! � 1�+��#€+��r ��� ���� � r�'���
_ _ __
and a buildina aermit fwhen appiicabiel has b�en issued.
REQUIRED DOCUMENTATION FOR ALL APPLICATIONS:
_�� Complet�d and signed application and checkfist
�F�� ;� Detailed description of the praposed work
Proof of ownErship or authorization to act on behalf of �wner
� Photographs of current condifions/affected areas
REQUIRED DOCUMENTATtON:
Is your proposed work for:
�
�
In-Kind Replacement (Using the same materials and colors.} In addition to
the required documentation, please include ihe information helow with your
application:
�Samples of materials to be used with manufacturer specification
sheets.
Exterior Alteration or Addition, tn addition to the required documentation,
please include the infiormation below with your application:
� Site plan of the property. A copy of the site plan must be
submitted, Site pl.ans must inelude:
Saale and no�th arrow
Locatinn and dimensions of the lot.
� ' . Footprint of all existing and proposed structures with
� � dimensians,
�� Locatian of driveway with dimensions
�� '• Building setbacks (Distance between the building{s) and the
;; � ' Y property lines.)
�" � ° Alley loca#ion and dimensions (where applicable)
Street names
Sidewalk location and dimensions
�
Elevation drawings of proposed ehanges
Samples of ma#erials to be used
Architectural drawings
Demolition Part or Whole (circle arte)
05/13 Page 1
-f-"
� i �tr�act�.�r�� r���rk� �o ��+��m��t the r�asons for demolition.
� � T�h�a���r��}�s �f ��� ��i��t�d �r�a — all sides of #he structure, and
�d����r�� �truct����.
Ptease note that a demolftion permit wiil he required prior to
beginning demolition.
New Construc#ion or Relocailon
Site plan of the proposed construction/relocation. A capy of the site
plan must be submitted. Site plans must include:
Scale and north arrow
Location and dimensions of th� lof.
Footprint of all ex�sting and propased s#ructures with
dim�nsions.
Locatian of driveway with dimensions
Building setbacks �Dista�n+ce between the building(s) and the
property lines.)
Alley location and dimensians (where applicable)
Street names
Sidewalk locati�n and dimensions
Surve.y of the property
Buifding elevatians
Samples of materials to be used
Architectural drawings
Please note that some renovations and all
buiiding permit.
Signature `` �
new construction will require a
��t� � � '� � 5
Print Name 11� �� ��c�v��
_ _ _...� ___.
I have reviewed the checklist a all submittals #or completeness and accuracy.
05/'t 3 Page 2
\
Request of COA for the property at 1807 N. Bell Ave
Request #6
Chimney:
Looking at the front of the house, we will be removing the paint off of the fireplace on the right
side of the house.
Site Photos
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
zz
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
�.� �� �i �„-� MINUTES
HISTORIC LANDMARK COMMISSION
August 12, 2013
Agenda No. 2A
After determining that a quorum was present, the Historic Landmark Commission convened in a
Work Session on Monday, August 12, 2013 at 5:30p.m. in the Council Work Session Room at
City Hall.
Present:
Absent:
Staff:
Laura Mauelshagen, Deb Conte, Scott Campbell, Lindsay Keffer, Pati Haworth
and Michelle Lynn.
Eric Pulido and Murray Ricks.
Athenia Green, Cindy Jackson, Brian Lockley, John Knight, Kurt Hansen, Nana
Appiah, Johnna Matthews, John Cabrales, Rodney Patterson.
l. Call to order.
Conte called the Work Session to order at 5:36p.m. The Historic Landmark Commission entered
into a closed meeting at 5:36p.m.
r
A. Consultation with Attorneys — Under Texas Government Code Section 551.071.
l. Call to order.
Conte called the Regular Work Session to order at 6:38p.m.
•' •
A. Hold a discussion regarding the following locations (Brian Lockley):
a. 211 E. Hickory, Travelstead building
This item was tabled to the September 9, 2013 meeting.
b. 331 E Hickory Street
This item was tabled to the September 9, 2013 meeting.
c. Lone Star Attitude, formerly Denton County Independent Hamburger Company Building
This item was tabled to the September 9, 2013 meeting.
1 2. CONS ER APPROVAL OF THE HZSTORZC LANDI�IARK C01�I1�IZSSZON 1�IINUTES
2 OF:
3 A. July 10, 2013
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5 Commissioner Lindsay Keffer motioned, Commissioner Scott Campbell seconded to approve the
6 minutes. Motion approved (6-0).
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8 3. PUBLZC HEARINGS:
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A. Consider approval of a Certificate of Appropriateness to repaint an existing single
family home at 1004 W. Oak Street. The subject property is located within a Neighborhood
Residential 3(NR-3) zoning district as well as the Oak-Hickory Historic District. (COA13-
0019, 1004 W. Oak Street, Johnna Matthews)
Matthews gave a presentation to explain that the purpose of this Certificate of Appropriateness
(COA) is to repaint an existing single family home. The home is currently painted blue with
burgundy trim, and the Owners are seeking the Commission's approval in order to repaint the
wood siding Sea Moss, and the scallops and guardrails Olive Grove. Matthews noted that these
colors are similar to those of a home currently at the Bayless-Selby House Museum. Matthews
concluded that, based on the criteria in Section 35.7.9.5 of the Denton Development Code
(DDC), staff recommends approval of the request.
The property Owners were present, but did not wish to speak Conte opened the floor to the
public, and there was no one who elected to speak on this item.
Commissioner Lindsay Keffer motioned, Commissioner Michelle Lynn seconded to approve this
request. Motion approved (6-0).
B. Consider approval of a Certificate of Appropriateness to replace the roof and add
ventilation at 1926 Bell Avenue. The subject property is located within a Neighborhood
Residential 3(NR-3) zoning district and the Bell Avenue Historic Conservation District.
(COA13-0018, 1926 Bell Avenue, Michele Berry)
Nana Appiah gave a presentation, on behalf of Michele Berry, to describe the purpose of this
COA. Appiah explained that the Owners are seeking the Commission's approval to replace the
roof and add ventilation to an existing single family structure. The proposed roof shingles are of
an alternate color, and a portion of the proposed ridge vents would be visible from Bell Avenue.
Appiah concluded that, based on the criteria in Section 35.7.13.5 of the DDC, staff recommends
approval of the request.
Conte opened the floor to the public, and there was no one who elected to speak on this item.
Commissioner Lindsay Keffer motioned, Commissioner Scott Campbell seconded to approve
this request. Motion approved (6-0).
1 C. Consider approval of a Certificate of Appropriateness for the installation of windows
2 and a front door on an existing house. The request also includes addition of flagstone on the
3 floor of the front porch, concrete driveway in front of the house, and crawl space air vent
4 covers along the bottom of the house. The subject property is located within the Bell
5 Avenue Conservation District. (COA13-0014, 1807 Bell Avenue, Nana Appiah)
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7 Appiah explained that the applicant is seeking the Commission's approval to replace the front
8 door of an existing single family structure, and to concrete the driveway which is currently
9 graveled. The applicant is also seeking acceptance of items which were replaced prior to seeking
10 this Commissions approval, including the installation of windows, replacement of crawl space air
11 vent covers and addition of flagstone on the front porch.
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13 Appiah elaborated on the history of the remodel of the residence located at 1807 N. Bell Avenue.
14 On April 5, 2013, City staff erroneously issued a permit to remove an accessory structure on the
15 property. On April 24, 2013, City staff erroneously issued a permit to replace exterior windows,
16 install new wall and ceiling insulation, add an interior wall to the back bedroom, and repair
17 interior plumbing, electrical, mechanical, and rotted wood. Construction work commenced to
18 replace the exterior windows and interior alterations after permit issuance. The City subsequently
19 issued a stop work order on the same day, Apri124, 2013.
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21 The Historic Preservation Officer (HPO) issued Certificates of Appropriateness (COAs) on June
22 1 l, 2013 to replace MDF board siding, wood shutters, install a new roof, paint the exterior of the
23 house satin ultra pure white, and paint the shutters black The HPO issued a 2nd COA for siding
24 on June 28, 2013, which permitted with the use of textured MDF siding on the south and east
25 side of the house. The HPO also issued a permit on July 3, 2013 to replace wood fencing on the
26 south side of the property with cedar wood fence and to replace rotting wood boards on fencing
27 at the west and north side of the property with cedar fence board. The applicant was not
28 authorized to construct the flagstone on the front porch.
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3o Appiah concluded that, based on criteria in Section 35.7.10.1 of the Denton Development Code,
31 staff recommends denial for the installation of flagstone on the front porch. Staff recommends
32 approval for replacement of the proposed front door and concrete driveway, as well as the
33 recently installed windows and crawl space air vent covers, with the condition that (1) this COA
34 shall be for the installation of a type of front door as approved by the HLC and the existing door
35 opening shall not be altered in size, as specified in Section 35.7.10.9 of the DDC and (2) prior to
36 construction of the proposed driveway, the applicant shall submit specifications for the concrete
37 material type along with a site plan which demonstrates that the width of the proposed driveway
38 shall not exceed the width of the current driveway.
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4o Lynn inquired if there was a second stop work order. Nana confirmed that there were two stop
41 work orders, and advised the Commission that the Building Official was present if further
42 clarification was required.
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44 Keffer requested clarification on why staff was recommending denial of the flagstone at the front
45 porch. Nana explained that the flagstone does not appear to be similar to the porch styles of the
46 neighborhood.
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Haworth inquired if there have been any citations for the existing violations. Hanson replied that
there have not been citations issued. Conte inquired as to why no citations had been issued.
Hanson confirmed again that no citations had been issued to date and had that, given the
Building Officials level of authority when issuing citations, had no further comment on the
matter. Conte made a reference to emails in March between the Owner and Katia Boykin in
which the zoning of the subject property was discussed, and again inquired as to why no citations
had been issued to date. Lockley advised the Commission that he would research the matter and
then provide the Commission with a determination and if it may be appropriate to issue
additional permitting fees. Conte expressed that a similar solution was offered at the July 8, 2013
HLC meeting. Lockley elaborated that other issues were the main focus of discussion at the
previous meeting, including illegal dumping in the back yard and pool, and re-confirmed that he
would research further into the appropriateness of issuing citations or other penalty for any
unauthorized construction.
Conte questioned who had erroneously issued permits on April 5 to remove the accessory
structure, and April 24 for interior repairs and replacement of exterior windows. Lockley
elaborated that permits are processed through the Building Inspections Department. Conte
requested confirmation that the permits had been issued because the historical designation of the
property was not flagged properly in the City's system. Lockley confirmed that was the case.
22 Haworth mentioned that, in reviewing the minutes of the previous HLC meeting, there was a
23 statement from Hanson confirming that he would research the events leading up to the
24 erroneously issued permits and lack of citations. Lockley elaborated that there had been multiple
25 requests for this property during the previous HLC meeting, and that it had been his intention to
26 respond the Commission members, by email or otherwise, to clarify the circumstances
27 surrounding the possible illegal dumping and fees when more complete information was
28 available. Lockley added that Jackson had prepared a memo for the Commission, although it did
29 not cover the issue of citations and the issuance of permits.
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Conte inquired as to why there was no previous discussion regarding the permit for replacing the
exterior windows. Appiah clarified that the windows had not been discussed previously since a
formal staff report had not been presented until this meeting.
Lynn inquired if the driveway was being proposed to extend to the (former) location of the
accessory structure, and where parking might occur. Appiah advised the Commission that one of
the suggested conditions of approval was to submit a site plan for review by the City's
engineering staf£ Conte commented that the proposed driveway seemed to surpass the current
driveway length, per the sketch in the presentation. Appiah suggested that the condition could be
modified by the Commission if necessary. Conte requested input from the property owners.
Jeff Krueger and Father Kyle Walterstein approached the Commissioners, and stated that the
property Owner, Terry Hess, was present in the audience.
Krueger stated that the property owner had not been advised of the historical significance of the
property upon purchase, and that permits had been issued by the City upon request for the work
1 which had been done to date. Krueger elaborated that the home, and the accessory structure,
2 were in a hazardous state of disrepair when they began the improvements. Lynn requested
3 clarification of the intended use of the home. Walterstein explained that the intention was to
4 house up to three group leaders currently enrolled at Texas Women's University, and to
5 potentially expand the services in order to house additional clerical members in the future.
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Conte requested clarification regarding discussions with Katia Boykin, and general
correspondence with the City in March. Krueger stated that, after the Owner was advised of the
historical status of the home, he had explained to his construction crew that no other work was to
be done on the exterior of the home. Krueger added that the addition of the flagstone at the front
porch was an exception, and due to a miscommunication with his voluntary construction crew.
Conte listed other items, including installation of windows, which had been replaced after the
Owner was notified of the historical designation of the home by the neighborhood. Krueger
stated that the crew would only have continued work on the interior of the home and that, with
the exception of the flagstone, he was under the impression that they he had been adhering to the
City requirements. Krueger reiterated that he had received permits from the City for the work,
that it was the Owners intention to improve the home, and requested that the Commission
consider the items currently being presented for approval.
2o Haworth inquired if the real estate agent advised the Owner of the historical status of the home at
21 the time of purchase. Krueger stated that the real estate agent had not revealed the historical
22 designation of the property to the Owner, Walterstein or himsel£ Mauelshagen stated that the
23 title company pulls the information that is filed with the City. Campbell added that there is a sign
24 noting the historical district on Bell Avenue across the street from the home.
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Conte inquired if the existing driveway extends beyond the back corner of the house. Krueger
stated that the existing driveway ends at the back corner of the home, although parking was also
beyond the corner of the home in the former accessory structure. Conte requested clarification
regarding a square feature behind the home on the site plan. Hess clarified that it is intended to
be a sand volleyball court. Haworth asked if the court was to be lighted, and Hess confirmed that
was the intent. Conte advised the applicants that there are lighting regulations for the district, and
that a sand court would detract from the landscaping/ permeable surface requirements.
Krueger continued with the discussion regarding the driveway, elaborating that it is proposed to
extend the beyond the back corner of the home in order to allow for parking. Lynn asked Kruger
how many parking spaces are proposed. Walterstein replied that approximately three spaces
would be used. Lynn began to question the reasoning behind the additional parking, and
Mauelshagen interjected that it was only crucial for the Commission to evaluate the proposal in
terms of the historic district's regulations.
41 Conte suggested that it may be appropriate to allow the public to speak Krueger requested to add
42 another comment ... that he was told by Building Inspections staff that a fence permit was not
43 relevant to a property in a historical district. Jackson replied that she had subsequently explained
44 the applicability of the ordinance to staff; in that a fence which is viewable from the street is
45 under the purview of this Commission.
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Conte requested that members of the public have an opportunity to speak.
A neighbor, Angela Stripling, requested to speak Stripling described her frustration with the
neighbors; in that she had followed the appropriate process to receive the Commission's
approval for similar renovations to her home. She stated that she had made several attempts to
contact the Historical Preservation Officer, and had not received a response. Stripling added that
she is frustrated with the City for failing to ensure that the property is in compliance with the
regulations of the historical district. Stripling concluded by requesting that the Commission
ensure that the COA proposal, including material specifications, be reviewed in a manner which
adheres to the historic districts regulations and DDC.
12 A neighbor, Ernie Stripling, also requested to speak Mr. Stripling objected to the applicant's
13 derogatory terminology when referring to the neighborhood during his presentation, and inquired
14 as to why there had been no discussion regarding the demolition of the swimming pool. Conte
15 stated that the demolition of the pool does not fall under the purview of the Commission, but that
16 the Commission is currently coordinating with City staff for a response on the issue.
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A neighbor, Brian Wheeler, requested to speak Brian Wheeler stated that he recommends that
the Commission decline the proposal due to its inadequacy. He added that, should the
Commission approve the proposal, they may inadvertently set a precedent for approving non-
complying renovations following illegal activities. Brian Wheeler inquired as to why the back
portion of the home, which was screened in prior to the applicant's renovations, had not been
discussed and suggested that the Commission require more detailed information from the
applicant before evaluating the proposal.
A neighbor, Gary Hayden, requested to speak Hayden stated that he has been a resident of Bell
Avenue for 20 years. He suggested, in concurrence with the other neighbors who have spoken,
that the Commission ensure that the applicant's proposal be evaluated within the restrictions of
the historic district and DDC. Hayden attempted to address the property owner, remarking that
the neighborhood is interested in renovating the property... Conte requested that Hayden only
address the Commission directly.
Conte inquired if there was anyone else to speak on the item, and there was not.
Mauelshagen inquired what the City's guidelines regarding the pool are. Conte requested that
Appiah elaborate on the topic. Jackson interjected that the demolition of the pool is not under the
purview of the Commission since it is not visible from the street. Hanson added that there are no
regulations for demolition of a pool. Conte remarked that per conversations between herself and
the previous owner, considerable funding had been applied towards repairs of the pool prior to
the transfer of ownership.
Conte requested clarification regarding the materials of the existing windows. Appiah stated that,
per the DDC, he evaluated only the window size and style. Conte requested confirmation that
any change in composition of materials is also under the purview of the Commission. Appiah
confirmed that it was under the purview of the Commission. Conte stated that the original
windows seem to be larger than the proposed replacements, and then requested confirmation that
1 the proposed windows are of an incompatible composition and size. Appiah confirmed that the
2 proposed windows are of differing materials and size from the originals.
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4 Conte requested clarification regarding a small room which was added to the back corner of the
5 home, and stated that it appeared to be visible from the street. Appiah stated that the information
6 presented to the Commission is conveyed by the applicant. Lynn asked Appiah if he had
7 personally seen the home. Appiah stated that he does view the home twice a week on average,
8 and added that he did not receive all of the information he requested from the applicant. Lynn
9 stated that a wall was discussed at the previous meeting, and requested confirmation that the
10 current conversation was regarding the same wall. Appiah stated that was correct. Lynn
11 remarked that she was only seeking clarification.
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Conte inquired why there had not been previous discussion regarding the replacement of air
vents for the crawl space. Conte stated that there did not appear to be any mention of materials in
the presentation. Appiah responded that the air vent covers had already been replaced and he was
unable to get information from the applicant regarding the previous conditions. Jackson
elaborated that the replacement covers are of the same type and composition as the original
covers. Haworth requested confirmation that the replacement covers are in the same location as
the originals. After examining photos of the front of the home which were part of the
presentation, the Commission concluded that three original covers had been reduced to two upon
replacement.
Conte revisited the proposed windows, requesting confirmation that the proposed replacement
windows are vinyl with wood trim to cover the vinyl material. Jackson stated that she had spoken
with the applicant regarding a method which might accommodate the currently installed
windows in order to minimize cost. Conte stated that the current proposal does not meet the
regulations. Jackson elaborated that she had suggested that the applicant could present the wood
trim as a solution to the Commission.
Haworth requested clarification regarding the materials of the existing front door. Appiah
confirmed that the door is wood. Lynn stated that she does not believe the Commission may
conduct a complete review of the COA without more detailed information. Knight stated that he
wanted to ensure that the Commission is aware that the City ordinances are not generally
retroactive by nature, and that denial of a COA does not also constitute a requirement for
removal of any materials currently installed. Knight elaborated that should an item be considered
in violation of the DDC, the Building Official would have the option to issue a citation as a
punitive measure. Conte requested advice regarding the appropriate steps following a motion to
deny a COA. Knight repeated that a citation from the Building Official would be an option, and
that it would not be appropriate to discuss the alternate options in a public forum.
Keffer requested clarification of the consequences of denying the proposed COA. Conte replied
that the Building Officials would be responsible for ensuring that the existing structure is in
compliance with the DDC. Conte inquired if the Commission had required further discussion on
any of the proposed items.
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Mauelshagen recommended that the Commission review the proposal as if no restoration work
had been done. Haworth inquired if all of the items were to be reviewed by the Commission
under single COA. Conte asked Knight if the Commission was able to vote on each item of the
COA separately. Knight stated that the Commission would be able to vote on the proposed items
in two parts, the proposed flagstones being the first part. The driveway, front door, windows and
air vent covers would constitute the second part; to be approved or denied as a singular proposal.
Lockley stated that he would like to add to Knights comments that any penalties issued by the
Building Official for items which are not in compliance with the DDC accrue on a daily basis.
Each day would constitute a separate violation. Conte inquired if the Commission was prepared
to vote regarding the flagstones.
Commissioner Patti Haworth motioned, Commissioner Scott Campbell seconded to deny the
request for flagstone at the front porch based on staff's recommendation for denial and the
absence of similar materials in the Bell Avenue Conservation District. Motion carried (6-1),
Keffer opposed.
Jackson reminded the Commission that the applicant will have the option to appeal a decision to
the City Council, and that any citations may not be issued until after that option was exhausted.
20 Commissioner Scott Campbell motioned, Commissioner Patti Haworth motioned to amend the
21 motion for denial with the conditions that the one year re-application period be waived, and that
22 the applicant provide the Commission with a detailed proposal of renovations and material
23 specifications upon subsequent application. Commissioner Scott Campbell motioned to approve
24 the amendment to the motion for denial.
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Brian Lockley suggested that the Commission advise the applicants of the appropriate revisions
for re-submittal of the COA. Conte confirmed with Knight that it was acceptable to address the
applicants with a motion pending.
Krueger requested confirmation that the Commission was not able to vote on items proposed in
the COA individually. Conte and Knight confirmed that the Commission was required to vote on
the COA as a singular proposaL Krueger stated that the air vents covers were not referenced in
the current COA submittal. Conte stated that the air vent covers were referenced. Conte stated
that the Commission would advise the applicant regarding each item proposed.
36 Conte advised the applicant that materials should generally be replaced with materials of the
37 same composition and style. Conte stated that since there were originally three air vent covers at
38 the front of the home, the Commission would seek to ensure that all three air vent covers were
39 replaced with covers of similar composition and size. Lynn suggested that the applicant mimic
4o the style of front doors from other homes in the neighborhood. Conte advised the applicant that a
41 certain ratio of impermeable surface area and building space to landscaping is required. Conte
42 elaborated that in addition to the composition and proportions of the proposed driveway, the
43 Commission would also evaluate the percentage of impermeable surface area of the lot to ensure
44 that the landscaping requirements are met. Conte stated that the volleyball court which the
45 property owner had previously mentioned may also alter the existing proportions of the lot.
46 Krueger stated that the driveway extended into the former accessory structure. Conte stated that
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the Commission would recommend maintaining the green space to structure or impermeable
concrete ratio. Conte reiterated that the Commission is essentially reviewing COA proposals for
congruence in materials, size and style. Mauelshagen advised the applicant that the proposed
driveway should also not be wider than the existing gra�el driveway. Conte advised the applicant
that the windows should be replaced with those of an equivalent size, style and should maintain
the wood composition of the original windows.
Commissioner Laura Mauelshagen seconded the pending motion for denial of the request based
on staff's recommendation; with the conditions that the one year re-application period be waived,
and that the applicant provide the Commission with a detailed proposal of renovations and
material specifications upon subsequent application. Motion carried (6-1), Keffer opposed.
4. OTHER BUSINESS:
A. Hold a discussion regarding the Old Post Office located at 221 N. Locust Street. (Cindy
Jackson).
Jackson began covering the history of the item. Conte interjected to recommend postponement of
items 4B and 4C.
B. Receive a report and hold a discussion regarding the process for the creation of a historic
overlay district in the Downtown area. (Brian Lockley).
Item tabled to September 9th meeting.
C. Hold a discussion and take action regarding the creation of a subcommittee of this
Commission to review other cities historic preservation processes. (Brian Lockley)
Item tabled to September 9th meeting.
D. Hold a discussion and take action regarding the proposed state landmark designation of 221
North Elm Street. (Pati Haworth)
33 Haworth stated that she has distributed a copy of a letter under review to the Commissioners.
34 Lockley requested to advise the Commission of an update from City Council on this item.
35 Lockley stated that City Council has expressed an interest in 221 N. Elm Street and has
36 subsequently requested that the Commission postpone any action on this item until further
37 direction from the City Council. Haworth inquired why a state landmark designation would
38 jeopardize City Councils interest in the building. Lockley stated that City Council was only
39 requesting no further action for the time being. Haworth requested confirmation of how long
4o further action was to be postponed. Lockley stated that he would consult with the City Manager's
41 Office and advise the Commission of a time frame. Conte stated that the Commission should
42 postpone action on this item pending further direction from City Council. Haworth inquired if
43 the request to postpone further action on this item originated from staff or City Council. Lockley
44 replied that the request was from City Council which developed from a broader discussion with
45 staff regarding the downtown in general.
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A. Preservation Officers Report
a. Student Photo Exhibit
Jackson described that staff is currently working with the University of North Texas to prepare a
brief presentation and reception in recognition of the volunteers. Jackson requested that the
group members give a brief presentation regarding this item at the September 9th meeting of this
Commission. Jackson concluded that she would distribute invitations to the City Council and all
of the Commissions.
b. Historic Resource Survey
. . �.
Mauelshagen requested that the items which were not discussed at this meeting be updated for
the September 9th meeting. There were no other requests.
• �� � � •
Commissioner Laura Mauelshagen motioned to adjourn the meeting at 9:OSp.m, Commissioner
Michelle Lynn seconded the motion. Motion approved. (6-0)
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1
MINUTES
HISTORIC LANDMARI� COMMISSION
September 9, 2013
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After determining that a quorum was present, the Historic Landmark Commission convened in a
Work Session on Monday, September 9, 2013 at 5:30p.m. in the Council Work Session Room
at City Hall.
11 Present: Laura Mauelshagen, Michelle L ynn, Deb Conte, Lindsay Keffer and Pati
12 Haworth.
13 Absent: Eric Pulido, Scott Campbell and Murray Ricks.
14 Staff: Alice Province, Brian Lockley, Cindy Jackson, John Cabrales, Katia Boykin, Kurt
15 Hansen, Michele Berry and Rodney Patterson.
16 1. Call to order.
17 Conte called the Work Session to order at 5:36p.m.
1. WOItK SESSION
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A. Receive a report and h old a discu ssion regarding the completed Phas e 1 of the Historic
Resource Survey. (Kate Singleton and Tony Eeds, Community Revitalization Strategies)
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Kate Singleton and Tony Eeds, with Comm unity Revitalization Strategies, gave a presentation
regarding the Historic Resource Survey. Singleton expressed her appreciation for City staff and
the photography student's cont ribution toward com pleting the survey of 519 properties.
Singleton stated that, for the m aj ority of properties, a total of three photographs were taken from
a left oblique angle, right oblique angle and front view. If the property was a corner lot, then five
photos were taken. The total 1,500 images will be part of a searchable database.
Singleton observed that the deve lopment patterns of the City of Denton are reflected in the
architectural diversity within th e area genera lly encompassed by Texas W omen's University,
Carroll Boulevard and Parkway Street. Ranch style houses, for example, are predominant along
the northern section of Bolivar Street and Anna Street. Singleton noted that these pockets of
Ranch, Victorian and Minim al Traditional style homes are not entirely homogenous since there
has been some re-location of homes and addition of garage apartments.
Singleton mentioned the various ty pes of resources used to gath er growth-trend data about the
homes, which included the Sanborn fi re insurance maps, City directories, deed records, census
records, mechanics leans, tax cards, newspapers and historical photographs.
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Singleton stated that the historical contribution of the properties was analyzed based on structural
integrity, and each property was also categorized by National Register and Local Historical
District designations. Of the 519 properties su rveyed, Singleton observed 312 with a significant
historical contribution. Singlet on added that a second m ap was subs equently created, since a
large pocket of non-contributing properties w as observed along Elm Street. A total of 471
properties were included in the secondary ma p, 307 of which were c onsidered contributing
properties.
9 Eeds explained that the collected data was organized in to a separate file for each of the 519
10 properties surveyed. E ach file contains thre e sheets with general da ta, style profile, and
11 photographs. Eeds added that they are currently working with the City's Geography Information
12 Systems staff to create a layer for the survey information, and m ake it accessible from the
13 mapping system.
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Singleton inquired if there were any questions. H aworth asked how many of the properties were
commercial. Singleton replied that she had not organized the lots by whether they had a
commercial or residential designation; however, when the database is available it would be
possible to search for propertie s based on such crite ria. Singleton adde d that there was a
concentration of comm ercial development along Elm Street and Locust St reet, but m aj ority of
properties were residential.
Conte thanked Singleton and Eeds for their efforts.
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a.
Hold a discussion regarding the following locations (Brian Lockley):
211 E. Hickory Street, Travelstead building
Lockley advised the Commissioners that, although th is property does not ha ve a local historical
designation, this item has been carried over from the previous meeting in order to update them
on the subsequent activities, considering the Comm ission's interest in the historical significance
of the property. Lockley stated that property was previously in a neglected state. The ceiling was
open in several places, and there was debris on the property. Lockley stated th at staff inet with
the applicant, and the property has since undergone repairs of the walls, ceiling, and removal of
debris. The property is not currently occupied, but it now has the capacity to be occupied by a
tenant. The occupant would need to com plete the finish out of the interior and installation of
fixtures, but the property is currently in conformance with the Denton Development Code (DDC)
standards.
b. 331 E Hickory Street
Lockley stated that, although this property does not have a local historical designation, this item
has been added to the agenda in order to provide the Commission with an update, considering the
Commission's interest in the historical significance of the property. Lockley briefly described the
various code violations which have occurred at the property includi ng fencing, substandard
building conditions, trash, debris and high grass a nd weeds. Lockley stated that notice letters
have been sent and staf f has been coordinating with the property Owner in order to bring the
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property into a state of confor mance with the DDC . Brian stated th at he would have staff take
updated photos to present at the next HLC meeting.
Haworth asked if the property was under contract. Lockley stated that it was his understanding
that negotiations were currently taking place, but there is not a closed contract at this time.
Conte asked if the new owners would be respon sible for the existing code violations. Lockley
said that any violations are re tained with the property, and staff would coordinate with the new
owners in the event that the prop erty should be sold in order to bring it into conformance with
the DDC.
c. Lone Star Attitude, formerly Denton County Independent Hamburger Company building
Lockley requested that Patterson advise the Commissioner's regarding this item. Patterson stated
that the p roj ect originally started as a m ezzanine addition in side the building, expan ded to the
concept of a roof top patio, and then expanded ev en further to a com plete second floor which is
partially enclosed with roll-up doors and is pa rtially climate controlled. Patterson added that,
although staff has coordinated with the applican t to mitigate the visu al impact of the exterior
stairway with landscaping, the stairway is n ecessary as a second m eans of egress. Handicap
access, in the for m of a lift at the back stairway, will als o be require d. Patterson advised th e
Commission that the plans have been approve d by Build ing Inspections, and the a nticipated
opening date is October 20tn
Haworth requested clarification if there was going to be a garage door. Patterson stated that the
door was at the side of the building, not towards the street, and presented the associated Building
Permit plans to the Co mmission for review. After reviewing at the plans, Patterson corrected
himself and stated that there was to be a roll-up door with glass at the front of the building.
Haworth asked if the Secretary o f Interior rehabilitation standards were m entioned during
coordination with the applicant on the proj ect. Patterson stated that they were not. Conte asked if
a Historic Preservation Officer of any kind was involved duri ng the initial design process.
Patterson replied that the only su ch communication he was aware of would have been with Julie
Glover. Haworth expressed disa ppointment that the ow ner's renovation design did not
adequately account for the historic character of the downtown square. Haworth added that the
renovations detract from the financial value of properties on the square, and that she does not
find that the Historic Landm ark Commission's jurisdiction is adequate to influence the welfare
of properties with historical significance.
Lockley stated that legal staff has already advised the C ommission regarding the topic of
jurisdiction over prop erties with historical significance, and woul d recommend that the
Commission continue to coordinate with staff to draft guidelines for properties with historical
significance for adoption to a Local Historical District. Haworth inquired about the appropriate
avenue to initiate th is process. Lockley stated that the topic is included in the cur rent agenda.
Conte requested clarification on the item number. Lockley advised that it was item 4A.
C. Receive a report and hold a discussion regarding planned improvements for 1807 N Be1L (Brian
3
Lockley)
2 Lockley stated that this item was added to the agenda to update the Commission on the activities
3 following the previous m eeting. Staff inet with the app licant, following the Historic Landmark
4 Commission meeting of August 12, 2013, to cover th e requirements and general plans for the
5 property in detail.
6
7 Conte requested that Lockley update the Comm ission regarding renovations which m ay have
8 taken place since the last m eeting. Lockley stated that a fence was constructed at th e northeast
9 and southeast sides of the property and fence p osts were placed adj acent to the front entrance of
10 the driveway in order to allow for a gate. There was also a fen ce and gate brought perpendicular
11 to the property line and attached to the front corner of the building. Lockley stated this was a
12 replacement of a pre-existing fe nce. Conte and Lynn stated that there was not a pre-existing
13 fence at this location.
14
15 Lockley stated that staff inet with the appli cant following the ins tallation of the f encing as
16 summarized in a m emo dated September 9, 2013, which wa s presented to the Comm issioners.
17 Lockley stated that staff was unable to confirm if debris had been left in the form er pool. The
18 applicant informed staff that the poo 1 had been used as a temporary holding area for debris and
19 trash, which was subs equently transported to th e landfill. Staff requested that the applican t
2o submit receipts for this transaction. Conte inq uired if staff has receiv ed these receipts, and
21 Lockley stated that they have not yet been provided. Lynn inquired if the City would have record
22 of these transactions, and Lockley replied that they would only if the tran saction had occurred at
23 the Denton landfill. Lockley added that the applicant had informed staff that he contracted with a
24 refuse hauler to remove the debris.
25
26 Lynn asked if such a r eceipt would include a location of where debris was removed from .
27 Lockley stated that the applicant had suggested th at the City was free to investigate the pool area
28 for contamination, and the City had requested proof of the delivery of the debris to the landfill at
29 that time. Conte inqu ired when the receipts would be p rovided and Lockley s tated that s taff
30 would follow up with the applicant.
31
32 Lockley stated that the applicant was instructed to app ly for a separate COA for each item
33 including the windows, front door, vent covers, driveway, porch re -facing and fence parallel t o
34 the street. The applicant had informed staff that the fence and posts across the driveway would
35 be removed.
36
37 Conte inquired about an extens ion to the southwest ex terior footprint of the house. Lockley
38 stated that he understood this was m entioned in previous m eetings, and was still trying to
39 confirm if there had been an addition to the foot print of the house. Conte added that, per a letter
4o and conversations the applicant in dicated that they had built an interior closet; however, the
41 southwest corner of the home appears to have been extended.
42
43 Patterson stated that only an extension of the back porch was disc ussed with the applicant, prior
44 to an awareness of the hom es historical designation. Conte stated that the extension of the corner
45 of the home was a separate issue which had been discussed previously.
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2 Lockley inquired if this portion of the home was visible from the street. Conte stated that it was
3 visible from the street. Lockley requested that Jackson follow up with the applicant on this issue.
4 Lockley stated that the applicant was interested in a brick ov erlay for the porch, and wanted to
5 address with the Comm ission if this would be an appropria te feature. Conte requested
6 clarification if it was the Contractor's or C ity staff's responsibility to follow through with
7 determining if this was an appropriate m aterial for the neighborhood. Lo ckley asked Jackson if
8 the City has record of this inform ation. Jackson stated that staff does have such infor mation.
9 Lockley confirmed that staff would follow-up on the porch types common to the neighborhood.
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11 Lockley stated that the Comm ission's authority regarding the driv eway would be limited to the
12 material composition. Conte stat ed that the Commission had prev iously obj ected to a widening
13 and extension of the driveway, given that this would alter the existing landscape to
14 building/impermeable surface ratio. Lockley stated that there is an open space requirement which
15 would need to be m et, but this would not alter the Commission's authority regarding the
16 driveway. Conte stated that it seemed that the proposed cha nges may not com ply with the
17 required open space ratio. Lockley replied that an ex tension of the driveway was perm issible, as
18 long as the open space ratio was maintained. Cont e questioned again whether or no t this ratio
19 was relevant to the Comm ission's review of th e driveway. Lockley replied that the open space
2o ratio would be reviewed by staff in accordan ce with th e Development Code, and that the
21 Commission's purview was lim ited to the m aterial composition. Conte stated that she did not
22 understand the explanation.
23
24 Lynn suggested that there were two separate issu es which should be clarified. First, staff woul d
25 review the property to struct ure ratio for com pliance. Second, the Commission would have
26 purview of the driveway material; given that staff has determined the p roperty to structure ratio
27 to be in compliance. Conte stated that the wo rding of the mem o suggested that the Commission
28 does not have purview over the pr operty to structure ratio. Lockley r eplied that staff would
29 follow-up on the topic. Lynn requ ested that the m emo be worded w ith more clarity. Lockley
3o confirmed that staff would follow-up on the issue.
31
32 Lockley stated that there are adm inistratively approved Certificates of Appropriateness (COA)
33 which have been issued, but the applicant has no t commenced the associated work yet. As such,
34 the applicant wanted to clarify that there would not be any confusion should the exterior painting
35 and other work associated with thes e COA's commence. The applicant stated that they would
36 inform staff before commencing the associated work.
37
38 Lockley began to summarize the items discussed, including a possible extension to the southwest
39 corner of the home. Lynn added the issue of debris disposal at the former pool.
40
41 Conte added that the issu e of cons equences for th e existing violations had not been resolved.
42 Lockley stated that the since some of the initial renovations were erroneously conducted with the
43 approval of the City, it m ay not be pertinent to issue a fee/citation for th ese items. Lynn stated
44 that there have been num erous violations sin ce the City initially issu ed these pe rmits. Conte
45 added that there was still an issue with the se cond permit, in that th e windows were installed
46 prior to is suance of the related perm it on Apri124 th. Lockley s tated that there was a
1 misunderstanding of the timeline following the approval of a permit and the physical issuance of
2 a permit. Conte inquired why the date of the perm it is not the official date of reference. Lynn
3 requested confirmation that the permit should be on display during construction. Patterson stated
4 that the permit for installation of the windows was approved on April 15 th, and picked up by the
5 applicant on Apri124th. As such, work was done without a permit on display. Conte requested
6 confirmation that there is subtext on the permit stating that the applicant shall only proceed with
7 the permitted work giv en that all of the applicable code regulations have been met. Patterson
8 confirmed this statement is in the code and on commercial permits, but he would have to verify if
9 the statement is on residential permits.
10
11 Lynn requested clarification whether the property wa s to have a residential or comm ercial use.
12 Patterson stated that this would be a zoning issue, and it was his understanding that the applicant
13 was performing a residential a lteration only. Lockley added th at code enforcement would
14 investigate if the use of the property was not appropriate. Lynn inqui red if the Comm ission
15 would be advised of such an action, and Lockley confirmed that they would be.
16
17 Conte requested clarific ation that, although citations m ay not be issued for th e installation of
18 windows and de molition of the accessory s tructure since these activ ities were erroneously
19 permitted by the City, the violatio ns are not pardoned. Lockley confirm ed that was correct.
20 Conte inquired what con sequences may occur regarding the more recent violations which were
21 not permitted by the City; including the flagstone at the porch, fencing, gate posts, air ven ts,
22 debris in the pool and extension to the footprint of the southwest corner of the hom e. Lockley
23 stated that the applican t was instructed to appl y for a separate Certifica te of Appropriateness
24 (COA) for the air vents.
25
26 Conte clarified that, although the f encing in qu estion received an ad ministratively approved
27 COA, it had been extended beyond the scope of approval. Jackson confirm ed that this was the
28 case. Conte added that this had occurred after the last meeting.
29
3o Lockley stated that th e he would contact the ap plicant this week regard ing these issues. Conte
31 replied that this is the th ird meeting at which the Commissioners have requested to know what
32 consequences would occur. Lockley stated th at he confused the COA requirem ents for the
33 flagstone at the porch w ith the Building Inspecti ons requirements. Lockley stated th at Jackson
34 would have to research the foot print extension further since it ha s not yet been confirm ed if the
35 footprint of the home was altered. Lockley stated that the applicant would also be adding a third
36 air vent, in order to rep licate the original pattern. Conte replied that the installation of the air
37 vents was still p erformed without a COA Maue lshagen added that it w ould be inappropriate to
38 create a precedent for individuals to purchase and alter a historical property without approval
39 from the Comm ission or consequences for violati ng the regulations of the Historical District.
40 Conte concurred.
41
42 Lockley stated that staff would inves tigate the items discussed and he would present a summ ary
43 of the subsequent resolution or consequences at the next m eeting. Haworth expressed that
44 consequences for code violations would generally have been en forced with m ore expediency,
45 and inquired why this applicant has not been penalized. Lockley replied that it is generally staff's
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1 obj ective to work with applicants in order to bring a property into compliance before taking more
2 punitive action. Lynn stated that the applicant's did not appear to be working with staff.
3 Conte inquired why the applican t has stated that they are unwilling to replace th e windows.
4 Lockley stated that th is was the position which the applicant has taken a t that tim e, since
5 installing larger windows would negate electrical work w hich had already been done. Conte
6 inquired if the applicant would be presenti ng the Comm ission with a COA for the windows
7 which have been replaced at the front and south side of the home, and how it would be
8 appropriate for the Commission to move f orward since the applicant is seemingly unwilling to
9 replace the windows given that they had erroneous ly received a perm it from the City. Lockley
10 stated that the applicant is seeking to have the home removed from the Historic District. Conte
11 inquired how this m ight affect the Commission and the existing vi olations. Lockley stated that
12 they would not be absolved from any existing vi olations. Conte asked if there is any precedent
13 for homes being rem oved from a Historical Dist rict. Lockley replied that requ ests are not
14 uncommon, but that he is not aware of any property being successfully removed from a Historic
15 District. Conte added that, since properties with in a Historic District should be contiguous, it
16 would have a negative impact on the neighborhood as a whole.
17
18 Lockley concluded that he would research the is sues discussed and present the Commission with
19 a summary at the next m eeting. Conte inquired again why there has been such a delay with a
2o resolution and determ ining consequences for th e violations. Lockley stated that th e applicant
21 suggested that he may be seeking legal consultation due to the erroneously issued permits, so the
22 City is being more cautious in determining the appropriate course of action for the Commission
23 and staff, and establishing the responsibilities of the applicant for the associated violations. Lynn
24 inquired if there was no way to ne gotiate with the applicant. Lockley replied that the he does not
25 know how willing the applicant w ould be to n egotiations which may not be conducive to using
26 the property for the church's purposes.
27
Call to order.
28
29 Conte called the meeting to order at 7:lOp.m.
30
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2. CONSIDER APPROVAL OF THE HISTORIC LANDMARK COMMISSION MINUTES
OF :
A. August 12, 2013
32
33 Haworth requested to have the interaction with Mr. Krueger regarding his service with the City
34 Council added to the minutes. Conte requested th at the order of perm it approval and physical
35 issuance be clarified on page 3, line 18 to 20. Conte requested th at the comment on page 4, line
36 41 and 42 be edited to state both the length and wi dth of the driveway were shown to be altered,
37 and to reflect that the initial comment was made by Nana Appiah. Conte requested that the term
38 group leaders on page S, line 7 be changed to students.
39
4o Conte mentioned that the possible alteration of the footprint of the home was mentioned on page
41 7, line 9 to 11. Conte requested cl arification of page 8, line 23. J ackson stated that she did not
42 recall stating that c itations may not be issu ed until after the applicant exhausts th e option to
1 appeal the Commission's decision with the City Council, and would have to refer to the video
2 from the previous meeting.
4 Keffer motioned, Lynn seconded to approve the minutes with the adjustments. (5-0)
5
PUBLIC HEARINGS:
A. Consider approval of a Cer tificate of Appropriateness to construct a new single-fam ily
house at 1110 W Hickory Street. The subject property is located within a Neighborhoo d
Residential 3(NR-3) zoning district and the Oak-Hickory Historic District. (COA13-0015,
1110 W Hickory Street, Mike Bell)
8 Michele Berry presented on behalf of Mike B ell. Berry explai ned that the requ est was for
9 construction of a new single-family house located within the Oak-Hickory Historic District. The
10 applicant had previously requested the advice of the Commission regarding a Colonial Revival
11 style home at this location, at which tim e the Commissioners had advised the applicant to revise
12 the design of the hom e to m ore closely reflect the style of the neighborhood, and encouraged
13 coordination with the Oak-Hickory neighborhood representative. The applicant has subsequently
14 reduced the proposed hom e from 3,055 square f eet to 2,554 square feet of livin g space. The
15 home style was also ch anged to Craftsman instead of Colonial Revival, and the primarily brick
16 fa�ade has been revised to be primarily siding. Berry stated that the proposed building materials,
17 architectural details, roof, fa�ade, windows and doors are in accordance with a Craftsm an style
18 home. Berry concluded that, based on the criteria in Section 35.7.9.7 of the Denton Development
19 Code, staff recommends approval for the construction of the proposed Craftsman home, with the
2o condition that (1) wood shall be the only approved building material for wall shingles and siding
21 and (2) the colors approved shall be as provided in Exhibit 9, 10 and 11 of the staff report.
22
23 Haworth advised the applicant that she is pleased with the proposed changes, but questioned the
24 arch over the doorway. Micah Deweerd, of Deweer d Construction, 215 Mari etta Street, stated
25 that the owner was open to suggestions and woul d be willing to go with a straightened doorway
26 instead of an arched doorway. Haworth requested to know if the applican t planned to preserve
27 the existing trees. Deweerd stated that the m aj ority of the existing trees would be retained.
28 Haworth requested to add a straightened doorway to the approval conditions. Conte inquired if
29 there were any members of the public to speak on the item. No one requested to speak.
30
31 Keffer motioned, Mauelshagen seconded to approve the request to construct a new single family
32 house at 1110 West Hickory Street, with the conditions that (1) wood shall be the only approved
33 building material for wall shingles and siding and (2) the colors approved shall be as provided in
34 Exhibit 9, 10 and ll(3) the front door will be of a straight style and without an archway. Motion
35 approved (5-0).
36
37
B. Consider approval of a Certificate of A ppropriateness to replace sid ing and trim on a
detached garage at 1926 N. Bell Avenue. The subject p roperty is located with in a
Neighborhood Residential3 (N R-3) zoning district and the Bell Avenue Historic
Conservation District. (COA13-0020, 1926 N Bell Avenue, Mike Bell)
E3
1 Michele Berry presented on behalf of Mike Bell. Berry explained th at the request was to replace
2 siding and trim on a detached garage in the B ell Avenue Historic Cons ervation District. The
3 proposed materials are Select Cedarmill HardieSiding and Rustic Grain HardieTrim, both in a
4 sandstone color. Berry stated that staff does not consider the garage to be a contributing structure
5 since it was built in 19 96, according to Denton Central Appraisal D istrict (DCAD) and the
6 replacement of the existing asbestos siding woul d be an improvem ent to the property. Berry
7 concluded that staff recommends approval of the request based on section 35.5.7.10 of the DDC,
8 which states that repairs to structures which do not contribute to the ch aracter defining features
9 of the district will not have to comply with the design guidelines as long as the repairs are
10 consistent with the current architecture of the structures.
11
12 Haworth questioned if asbestos shingles were in use in 1996. Mauelshagen stated that it was her
13 understanding that the use of asbestos shingles was discon tinued during the 1970's. Conte
14 requested if the owner wished to speak, the owner declined.
15
16 Angela Stripling, a resident of 1815 North Bell Avenue, spoke briefly on the item. Stripling
17 stated that it was favorable that the applicant was requesting approval from the Commission prior
18 to renovations occurring, and that the abatem ent of the asbestos siding is a favorable m easure.
19 Stripling stated that she was in favor of the request.
20
21 Haworth inquired about the frequency of prope rties using hardy board. Conte responded that
22 there were likely m any such hom es, but the gui delines recommend that such siding m aterials
23 should be upgraded to wood during a full rep lacement where possible. Conte added that in th is
24 situation, an upgrade from asbestos siding to hardie board w ould be an im provement. Conte
25 asked the owner, John Paul, about the existing m aterials. Paul stated that the existing m aterial is
26 a mostly brick, and wood at the porch. Haworth aske d if the applicant was intending to retain the
27 existing windows. The applicant stated that the intention was only to replace the siding. Haworth
28 inquired if a special abatement would be necessary. Conte stated that it would not, as long as it is
29 in siding form.
30
31 Conte motioned, Mauelshagen seconded to approve the request to replace the siding and trim of
32 the detached garage at 1926 N. Bell Avenue (5-0).
33
34
4. OTHER BUSINESS:
A. Receive a report and ho ld a discussion regarding the process for the cre ation of a historic
overlay district in the Downtown area. (Brian Lockley)
35
36 Lockley stated that this item has been added to the ag enda in o rder to begin a discussion
37 regarding a potential overlay district in the dow ntown region. Lockley added that he would like
38 the Commission to identify areas of interest fo r preservation and generate a boundary at this
39 meeting. At future m eetings, the Commission may determine a timeline for presentation to City
4o Council, and to delineate appropriate regulations or guidelines for the poten tial overlay district.
41 Lockley opened an interactive map for reference.
42
1 Lockley inquired if the overlay district would be lim ited to a bl ock off of the square, or if it
2 might encompass a wider area. Mauelshagen stated that the downtown area would be crucial, but
3 there were m any outlying properties including the Mellow Mushr oom, Oak Street Drafthouse,
4 Campus Theater and th e community market area near Mulberry Street. Haworth stated that the
5 community market was property of Denton County, so the Comm ission may not have
6 jurisdiction. Mauelshagen inquired if it would be possible to have more than one overlay district.
7 Lockley stated that it would be possible to have m ore than one layer to the ove rlay district.
8 Haworth suggested that the boundaries of the national registry district would be a logical place to
9 start. Lynn recommended extending the boundaries to Industrial Street.
10
11 Lockley summarized that there would be two layers to the proposed overlay district, based on the
12 discussion with the Commission. The prim ary layer would be one block off of the downtown
13 square, including Oak Street, Ceda r Street, Hickory Street and Au stin Street. The second layer
14 would be divided into three sections. The first of these sections would be for Hickory Street,
15 limited by Bell Avenue to the east and Piner Street to the west. The second section would be for
16 Industrial Street, limited by Hickory Street to th e north and Mulberry Street to the south. The
17 third section would be for Oak Stre et, limited by Bell Avenue to the e ast and Bolivar Street to
18 the west. Lockley stated that staff would compile a map and property listing based on the areas
19 determined for the two layers of the proposed overlay district.
20
21 Mauelshagen and Lynn stated that it would be crucial to involve the property owners in the
22 creation of the guide lines. Haworth suggested that they re fer to the guidelin es established by
23 other City's Historic Districts, in order to prevent owners fr om suggesting standards which are
24 not conducive to the rehabilitation standards. Jackson added that the existing Historic Districts
25 regulations may also be referenced. Lockley stat ed that it would be pertinent for Commission to
26 define the characteristics of the specific era, de sign or theme which they are m ost interested in
27 preserving.
28
29 Conte inquired if there was a subcommittee which w ould be created in order to as sist with the
3o research required. Lockley stated that there may be additional members joining the meetings in
31 order to assist with the process. Jackson stated that this may comprise of two or three individuals.
32 Lockley stated it was the intention to determine the interests of the Commission prior to instating
33 the additional members. Lynn recommended that they research neighboring cities to observe the
34 downtown areas. Jackson concurred that the Commission could com pile a list of surrounding
35 cities of interest for the subcommittee to visit.
36
37 Conte summarized the item s which the Commi ssioners would provide at the subsequent
38 meetings, including su rrounding cities of interest to visit, potential s ubcommittee members,
39 boundaries for the overlay district and the process for effectively conducting future meetings.
40
B. Receive a report and h old a discussion regarding planned improvements at 1807 N Bell
Ave. (Brian Lockley)
41
42 Lockley stated that the item was added to the agenda in order to give the public an opportunity to
43 add additional comments regarding 1807 Bell Avenue.
44
10
1 Angela Stripling, a resident of 1815 and 1813 Nort h Bell Avenue stated th at the brick chim ney
2 was painted white on S eptember 7. She stated th at all of the windows in the home had been
3 removed prior to April 15. Stripling stated th at, per a conversation she had with Mr. Hess on
4 Apri123, he was aware that he was in violation of the Historic District regulations. She stated the
5 trim color had been changed from black to tan, and there were no shutters. Stripling added that a
6 Contractor had rem oved debris from the property th e week after the August 12 m eeting, which
7 was not the debris from the pool area. Stripling added that there was asbestos in the m aterials
8 which were in the pool area. Lynn asked Strip ling if she recalled the nam e of the contractor
9 which had removed the debris. Stripling stated that she did not recall, but he was there on two
10 occasions. Stripling stated that it would be pertin ent for the City to coordinate with the applicant
11 in order to fix the issues. Stripling added that they had damaged her fence while removing a tree,
12 and have not repaired it yet as they stated they would.
13
14 Conte requested that Lockley address the additi onal violations mentioned by Stripling. Lockley
15 requested confirmation that shutters which we re originally on the hom e had been rem oved.
16 Jackson stated that the applicant has a COA for in kind replacement of the shutters, but they have
17 not been replaced yet. Lockley said that he c ould confirm the schedule for replacem ent of the
18 shutters, but this would not be a violation since a COA was approved. Conte stated, and Lockley
19 confirmed, that the painting of the trim and chimney would be violations.
20
21 Ernie Stripling, also a resident of 1815 and 1813 North Bell Avenue, expressed his pride in being
22 a resident of Denton and the Hist orical District for eight y ears. Mr. Stripling stated that th e
23 renovations to 1807 North Bell Avenue are not in favor of the spirit of the historical
24 neighborhood. Mr. Stripling added that he doesn't understand how the City will enforce a new
25 historical overlay district considering the current situation at 1807 North Bell Avenue. Mr.
26 Stripling concluded by stating th at the current owner of 1807 North Bell Avenue does not share
27 in the pride and spirit of the neighborhood, nor e xpress consideration for the efforts of staff and
28 the Commissioners. Conte inquired if any other members of the pub lic wished to speak on the
29 item, and there were not.
30
31 Mauelshagen requested to know if staff visits a property to observe the progress of the
32 renovations after a COA is approved. Jackson stated that she visits the property regularly, as well
33 as the assigned Planner, Nana Appiah, and code enforcement officials.
34
35 Keffer stated that it may be pertinent to remove them from the Historical District. Conte replied
36 that she does not believe that would be condu cive to the w ishes of the neighborhood. Jackson
37 stated that a request to remove a property from a Historical District would come to the Historical
38 Landmark Commission first, followed by a recommendation by P&Z, and then to City Council.
39
4o Conte requested that Lockley conduct a final summa ry of the issues as f ollows. Lockley stated
41 that staff would research the and present th e Commission with a summary of a ctions and
42 consequences regarding the (1) flagstone porch (2 ) air vents (3) fence attached to the north east
43 corner of the house (4) fence post for the proposed gate at the driveway (5) possible change to
44 the house footprint (6) painted chim ney (7) change of trim color from black to tan (8) shutters
45 which have not been replaced (9) debris from the pool and (10) installation of windows without a
46 permit on display. Lockley confir med that these issues would be addressed at the October 14
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meeting. Haworth added (11) the removal of siding without a COA. Lockley stated that this was
not on his list. Jack son stated that the applicant had requested an adm inistrative COA for
removal of the siding after the siding had been removed. Lockley asked if a COA had been
issued, Conte confirmed that it had been approved after the siding was removed.
Mauelshagen and Conte discussed that the Commission does not appear to have adequate m eans
for enforcing the Historic District regulations.
C
a.
Preservation Officers Report
Administratively approved Certificates of Appropriateness
Katia Boykin reviewed an adm inistrative COA on behalf of Cindy Jackson. Boykin stated that
the request was an administrativ ely approved COA for the old pos t office on Locust Street and
McKinney Street. The COA was to replace win dow panes and re-paint existing white trim with
white. The Commissioners had no questions for this item.
5. FUTURE AGENDA ITEMS:
Boykin stated that the training sessions for the current Commissioners and new appointees would
be held starting in October.
• � � • 1�►I
Keffer motioned, Mauelshagen seconded to adjour n the meeting at 8:32 p.m . Motion approved
(5-0).
12
Pictures from Real Estate Listing
Exhibit 7
August 12, 2013 Staff Report and Application
Exhibit 7
August 12, 2013, Staff Report and Application
HISTORIC LANDMARK COMMISSION
AGENDA INFORMATION SHEET
AGENDA DATE: August 12, 2013
DEPARTMENT: Planning and Development
CASE MANAGER: Nana Appiah, 349-7785
SUBJECT: 1807 N. BellAvenue, Certificate ofAppropriateness (COA13-0014)
Consider approval of a Certificate of Appropriateness for the in stallation of windows and a front
door on an existing house. The request also includes the addition of flagstone on the floor of the
front porch, concrete driveway in front of the house, and crawl space air vent covers along the
bottom of the house. The subj ect property is lo cated within the Bell Avenue Conservation
District.
BACKGROUND
Per Section 35.7.10.3 of the Denton Development Code (DDC), a Certificate of Appropriateness
(COA) is required for reconstructing, altering, changing, or resto ring exterior fa�ade of any
existing building within the Bell Avenue Conservation District.
On Apri14, 2013, the owner of this subj ect proper ty applied for a dem olition permit to rem ove
an accessory structure on the property. The City erroneously granted this requ est on April 5,
2013. On April 5, 2013, the prope rty owner applied for a second permit to alter interior and
sections of the exterior components of the house. On Apri124, 2013, the City issued a permit for
the requested alterations. The permit was specifically issued for the following:
■ Interior plumbing, electrical and mechanical repairs
■ Interior repair of rotted and molded wood
■ Add interior wall to the back bedroom
■ Install new insulation in walls and ceilings
■ Replace exterior windows with insulated windows
After the property owner obtained the above mentioned permits, he replaced exterior windows of
the house and comm enced interior alterations to th e building. Neighbori ng residents noticed
construction and alterations on the house and c ontacted City staff of the activities being
conducted on the building. This in formation prompted staff to re search permits issued for the
property. Results of the research showed the perm it had been erroneously i ssued for the exterior
alterations. The Historic Pres ervation Officer (HPO) and the Historic Landmark Commission
should have reviewed the exterior alteratio ns prior to issuance of the perm it and the
commencement of construction.
On Apri124, 2013, the City issued a stop work order. The purpose of this stop work order was to
direct the property owner to subm it a COA a pplication to the Historic Prese rvation Officer
(HPO) and the Historic Landmark Commission for the proposed exterior alterations to the house.
Per Section 35.7.10.9 (Appendix A) of the DDC, the HP O is authorized to review and issue a
COA if the request is for routine maintenance such as:
■ Paint
■ Repairing the structure using like mate rials (wood with new wood, composition
shingles with new composition shingles, etc)
■ Replacing windows or doors with like materials of the same size
On June 11, 2013, in adherence to Section 35.7.10.3.B of the DDC, the HPO issued a Certificate
of Appropriateness (See Exhibit 10) for the following changes to the property:
■ Repair and/or replace rotting wood siding on the south and east sides of the house
with wood siding as presented;
■ Replace the w ooden shutters on the w indows with shutters of the same siz e and
style;
■ Install a new roof with white timberline high definition shingles; and
■ Paint the exterio r of the house with Behr Marquee exterior satin ultra pure w hite
No. 9450 and shutters of the house black.
On June 28, 2013, the Historic Preservation offi cer again approved wood siding m aterial to
replace rotting wood on the south and east side of the existing hous e. This second review of
siding materials was necessitated because the prope rty owner utilized diffe rent siding m aterial
from the type approved on June 11, 2013. Beside s using unauthorized si dings material on the
fa�ade of th e building, the prope rty owner con structed flagstone floor on the front porch. No
permit was issued for this construction. The property owner on Apri124, 2013 was infor med that
permits were required prior to m aking alterations to the exterior com ponent of the building.
However, he constructed this flagstone floor without obtaining permit from the City.
On July 3, 2013, the Historic Preservation Offi cer (HPO) approved a request by the property to
replace wood fencing on the south sides of th e property with new cedar wood fence. The HPO
also approved the property owner's request to re place rotting boards on fencing on th e west and
north side of the property with cedar fence board to match existing fence on the property.
This Certificate of Appropriateness (COA) request is for approval of the installation of windows,
the overlay of flagstone on the front porch and steps, crawl space air v ent covers, and rep lace
existing gravel driveway with concrete. The flagstone floor on the front porch, windows, and the
crawlspace air vent has already been constructed. Therefore, this request is to seek retro active
approval of these exterior alterations to the house. Currently, the installed windows have divided
panels. Per Section 35.7.10.9 of the DDC, replacement windows are required to relate to and be
appropriate for the age and architectural style of the existing house (structure). Staff obtained
pictures from a real estate listing website for this property that show there were no divided panels
on the previous windows (See Exhibit 11). Staff has contacted the property owner and requested
him to remove the divided panels. The purpose of this request is to ensure the replaced windows
conform to the previous one that was replaced. The applicant has constructed wood trim around
the periphery of each window to mask the vinyl portion of the window.
In addition to the previously constructed exteri or alterations to the hou se, the requ est includes
construction of a concrete driv eway into the property. Currentl y, the driveway to the house is
gravel. Per Section 35.7.10.9 (Appendix A.4) of th e DDC, a Certificate of Appropriateness is
required for reconstruction of a driveway in the Bell Avenue Conservation District. The Denton
Development Code, however, do not specify criteria for approving driveways in th is
Conservation District, other than general criteria for driveway improvement specified in Section
35.20.4 of the DDC. This requirem ent specifies allowed materials for the construction of
driveways. Per the DDC, the applicant sh all be required to apply for a driveway permit if the
Commission deems it allowed for construction of the driveway. There are sim ilar driveways
within vicinity of the subj ect property. The property located im mediate north of the site has
concrete driveway (See Exhibit 8). Si milar properties in the Conserv ation district also have
concrete driveways. It is staff determination that constructing concrete driveway on this property
will not d estroy architectural integrity of the property. It will a lso not b e out of character with
surrounding properties in the district.
The property owner is also requesting to replace the e�sting front door of the house. According
to the application submitted, the current door frame has shifted from its original position making
it difficult for the door to close. The applicant is proposing to replace this door with a specim en
door that will fit the entryway. The applican t states the current door cannot be found in the
market. However, there are sim ilar doors that could be construc ted to replace the existing door
and still ensure the house maintains its historic theme. The applicant has submitted three of these
sample doors for consideration (See Exhibit 5). Per Section 35.7.10.9 (A ppendix A.3) of the
DDC "replacement doors should be sized to fit in the existing opening. The opening should not
be altered so as to accept either a sm aller door (e.g filling in excess space with m aterial such as
lumber, bricks or cement blocks) or to facilitate a larger door or doors (e.g knocking out part of
the surrounding wall and reframing the opening).
It is staff's recommendation that the Historic Landmark Commission review and suggest changes
to the property owner for any alterations that coul d be made to reinstate the house to its original
form. Three of the requests; construction of fl agstone on floor of the front porch, front windows
of the house and crawl air vent covers have already been completed. Construction of the existing
gravel driveway with concrete on the property and replacement of the front door are the only
work yet to be com pleted on the property. Fo r replacement of the front door, the DDC
establishes the replacement requirem ents outlined is Section 35.7.10.9 (Appendix A.3) whic h
require replacement doors to be sized to fit in the existing opening. In addition, the door opening
should not be altered so as to accept either a smaller door (e.g. filling in excess space with
materials such as lumber, bricks or center block s) or to facilitate a larg er door or doors. Staff
does not obj ect to replacing th e front door so long as the re placement door confor ms to
requirements of Section 35.7.10.9 of the DDC.
Staff considers the proposed driveway consistent with the character of similar properties in the
neighborhood and recommends approval of it subject to the applicant submitting a driveway plan
and receiving approval from the Planning Divis ion for review prior to s ubmitting the driveway
permit application. In a ddition, staff recommends the Comm ission condition the size of the
driveway to not exceed the current width.
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Continue the request.
4. Deny.
RECOMMENDATION
After a comprehensive review of the requirements of the Denton Development Code and the Bell
Avenue Conservation District, st aff recommends denial for the installation of flagstone on the
front porch and steps. S taff recommends approval for the instal lation of the windows, the front
door, and the construction of the concrete drivew ay of the property located at 1807 N. Bell
Avenue subj ect to the following two (2) conditions:
1. This Certificate of Appropria teness shall be for the cons truction of the front door, the
type of door as approved by the HL C, at the entrance of the house. The approved door
shall be sized to fit into the existing door opening. The existing door opening shall not be
altered to accept a sm aller or larger door as specified in Section 35.7.10.9 of the De nton
Development Code.
2. Prior to co nstruction of the proposed driveway, the appl icant shall submit concrete
material type and site plan showing widt h of the current and proposed driveway. T he
proposed driveway shall not be allowed to exceed the width of the current driveway.
EXHIBITS
1. Aerial map
2. Zoning map
3. Conservation District Map
4. Application for Certificate of Appropriateness
5. Proposed Door
6. Site Plan
7. Elevations
8. Site Photos
9. Information from Applicant Showing Current and Proposed Activities
10. Approved Certificates of Appropriateness
11. Photos of the Property from a Real Estate Listing Site
Prepared by:
-�.
Nana Appiah, AICP
Senior Planner
f�
Respectfully Submitted by:
Cindy Jackson, AICP
Historic Preservation Officer
AERIAL MAP
ZONING MAP
Bell Avenue Conservation District Map
APPLICATION FOR CERTIFICATE OF APPROPRIATENESS
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b���st��n �he hin�� side and the kr�a�b side. T�is vari�nce �� du� tc� �he �radu�l
shiftin� of the d��a�r frar�se arrd t�r� sinkir�g caf the parch ir� the sarne locati�r�. The
dac�r n��ds °t� k�� repl�ce� �nd ��e frar�� rr��c�s �€� be r���ev�led �nd s�u�re� �tp
�+y � prr�f�s�i�n�l l�uild�r. i��e �xis�in� dcsvr �s � pa�nted �rawn wt��d da�r,
�#€�m� f�e�s�t d�es nat c�rry th� same dc��ar any+mare, Law�'s ��rri�s �ne sirnilar
but it is m�d� �ut cs� � fir which will n�t st�r�d up aver time. VV� wauld l�k� fio adc�
jus� � I��file sty�e t� ��re repl�cerri�nC dc��� wifh��at f�llir�� ��ra�y frram the hist�rical
Ic�o�. F�sr th� sake af tirr�� fcsr all we h�ve pr�p�sed sev�ral dacars I�e�innin� wit�
high pr��erence fr�rm exhib�t R t� �awer pr��erenc� �xhibit �. Ea�h�b�t A�n� C� canfy
cQrn� in st��l, �au� sus��in the "bri�k-rr�cald" 1��� csf th� �rigir�al dcacar. Cxhlb�t C is �
�i�rrrl�c���ir e�vc�ca�3 with th� brick-m�l� I�ak. Th�n�s frsr yr�ur cansider�ti�an.
Proposed Door
JFLI7-W�I�I Mis�io� Pr�irie Cam�er=`C��� Yri�ned Y�'hite Steel Entry... htk�:/hvivw.homede�aot,oramlp/.fLL�l-�J�I�-@aiissioit-1'raier'c-�'artib�t...l
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$1�7.00 ! �ach
Thts ifem cannat be shipped ta 6ha following StaEe(s): GU.PR,4'I
Frce shdpping is not available tor ttris iEem
Buy 4nline, Pick Up In Sfore Taday
Check Sdore t�nvenfory
Poar caior�. I�rimed White
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Doar Widch x Height : 1&.A x BQ.O im
Qan�� 6landing
RighFHa�t311nswing
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521ecEing a JEL�-WEN Steel enFry door is a sound crt�4iGe, beCaUSe we
put the� resiVience and st€2ngFM1 Of St891 �{ y01]r gerVkce. C'soviding daors
Cha{ �re secu�re, eesy to care Ear, energy eHic�eeN and ezPeemely relia6le.
Every J�CD-WEN Premium steal ex6erior tloor is durabls, atiord2ble
�nd backed by a�. Lifetdnre l.inrited VYartanty. They're manufacriarsd to
prevent wa(er a6ssrpllon, resisF rusf and cnme (aC�6ry p�irned for �asy
frrrishing.
• As viewed feoan the exterior of the home with Ihe doar clased,
a right-hand inswong is when the knob is an� tha left and fhe
daor opens inCa the Mome
• Grafisman sryle design has a traditional eleg�nce lo
comp3erc¢e�n4 tha arcNiteeture af youe home
e G€ooved glas� soften$ the clean stralght li�es and helps to
maintaln pr9vacy
_� Prehung unit Fbz easy Inst�llalian
• Factflry primed fiar easy finkshing
a Enerqy effei�nP eare !o he9p Ibwer heat6ng and cooling costs
• Nate: Product m�y vary tiy s4ore
�. MFG M1AodeY tE : TH�JW16670�579
. AAFG �art tk :. Th{6,1W1G7Sd6215
.�PECiF'�'.,Al'ff}�!S
Assembled E]epth (9n.) 5.751r�
,hssemklad Wldth (kn.) 40 hn
F�rickmoulJ Yes
Infea & �uides
Instructions ! Assem6ly
Spec�.iiicatla�
L15� �nd Cara Manual
Warranty
Vou wiii need AdobeO 4eceob�t(? Re�det to view
PD� dr,cvdnents 11,t rdu�v� a hze nopy from the
Adobe Web site.
Assem6l�d Height (in.)
86inds 6ehvecn Rha Glass
Gomm�rciaf
a3 in
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This item caiAnot be shippred (o the foidowing stale(sy: GU,PE�,VI
Free shippimg is not avaiila�4Oe Fa� this item
B'uy 4nline, �Aick Up In Stors Today
C4i.eck Store Inventavy
�oor color� W hite Pri �mer
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Daar Width x HeighY : 3G x BQ in
OooY Fl�u�sli�ng
Lefk-Hantletl
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The JEL6-WCN Mission Prairie 3e Vn. z 5o In. St�ei WhRe Prehung
I.ef€�1-{end Oulswing -0�Panel Entry Daor oHers energy eificiency and
sirengXh 10 yaur hame. 7his wfi�to eniry dour is conslructed at
€us�-fe5iSianlgal'va�l€ZEd i�E�@I 2nd d F-piEC.@ p0lyifyt�n2 tmie t�af
pravt�es reliaLle fr�sulaii�n. Th[s Prahung doa€ also 3eatures a camber
�Op, (i290i3�vw� �1235 S1y1� �ld B I��YiC�f�44 ��nge 1�i�li$h Fpe3 Slyla3h
lank,
. 1-Piece pa4ysFyrene core provides lostg-lasting insulaiion
+ Made Qf rusi-resistant galvanizad stee!
� Weather sMfipping (cs� adtled drafr pratection
> 4-Panel door with camher�top and iempered glass inse€t
• Missiat� graine glass adds fl decorative accent to lhe� doos
• impactglassfaraddedd�.ura6if�y
• 2-CoaE primer eriatrles easier dinishing
. i..ight-brass hinge finVSh adds en elega�t louch
� Requires a 3&-t(2 in, x 813f4 isn,. rough apqiAing f�r a seaure
fit
• Pf�ilyn� (100I' i�1C1�t�{�S ff8f11�.0 fQPCaSiC� in5f8112I10f1
• Enerqy5tarcompliant
• FrpllA putSidE, a�}�tt5 LaNI�Id th� 6hllSid� 9f th� ItouSe wtlfl
hinges an the right
• MFG Model df : G05648
•� MFG Part il : G0�64ES
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A5&8rttbled �epfh {in.) 4.5625 in
Assernblee) Width (in,) 37.6 in
Info 8 Gwides
f�nsteuctions 1 Assem6ly
Specificakian
Use and Care Manual
Waaranty
Yau will need AdobetJ Ac¢obat0 Reader to vl�w
PP � docurnents i7ot�nl�asl a free copy froin the
Adabe Web site.
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Model # 5389�.C1 Inteme! # 202036055
�213.Q4 � eacit
This. it�m carrn�l. be shipp�d io the following siaie{s): GU,PR,UI
Free shipping is�� not. available forzhis +kem
Buy Online, Pick Up In Stare Taday
Check §tore fnventory
Oakr C614r�' tv90dium-8rown Waod
r�,���
�oot Width x Height : 3� x 8Q in
17opr Handing : UnlversaltReversible
����U�� ��������
1`he J��.�-WEN 32 En. x t�6 in, Wood lJnTu�ishetl�. Fanlite Eniry Uoos has
bare waad faces {hat can be sta'ined ar pai�nted to maqch your home
decor. ff is an� a[Cractive, secure, and reliatrle exierior door feaiuring a.
finger-gointeel solid woad caee wi4f� raol�and�.�stlle construciion and
tem{�ered-gl�ss panels.
Calu€omha resldents�, seei rp s Ci3r� �P �matici��
�� Maue of naEural, medium-brawn hemlock-fdr
r Solid-core 1-314 Vn. �hlck woad stiie-and�-rall construceion
r Single-psne tempered-c�lass parrels
� Unfinished, can be stained or painted
. Trinmming allowance of 178 in. on all edges
�• No�te: Froduct may vary tiy srore
+ MFG Model # : 5389.fl
• MFC'sPaet#:5389.4
���'�0���,�TI����
A95embked Clepfh (dn.)
x���r�r�l�d vuid�k, Eih.�
�.��xmo���
door Cet9or Family
C3oar Finish
Ro9� f`�an[�in�
�Ofl( $12B
1.75 in
32 in
�Q
Medlum-brown Wood
Unfnished
LI ro i versa I f Re v e rs V bi e
32 in. X &0 in..
�i11Q �. �iU1t��5
Instructions f As.sem6ly
Specific�.fiQn
U5e an�i Care Manual
Waeranty
You will need AdobeC)Acro6al0 Re�ader to view
F�DF decumenls. 1lnn�,a7'�,narJ a Frea copY From the
Adobe Web site.
Assembled Helgh# (dn.)
@Ila�ds Betwe�n the Glass
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Daor Glass Type
C�oor Maleriai
17oar �wing
80 in
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Site Photos
PHASE Qh#E- F+R14R TO HISTQR�C�I�.
Gt?MMtTB'EE INTE!%VEAiTI[iN
W ifih fhe� iiYy nf Qe r�tssn �ermat5- u e
de�a�3�slied tive gae��e anal shed that was
rot2�rr aeesf bekow grad� wi:h termites
��tetf-
Strip�ed atl ��Ler7nr and ea�ericr ratten
woad aeed replaced w�lC's riCW lilt� rha[er[21
a nd �rs�u�h$ u� To rr�.
Eilew �Ie+[@r3e31 was p€aced rruide af hpm�,
hl�+r plumb�ng ir�sYaiked iv eade�..
windows an eatceriar r��lared.
Exter'�rse�led up WFt11 zarpaRet.
HVR�duct va:3s iaist'sCEEd�
S I"t�? C3Rt]E±i UJAS �1iI�4`f B`f' Cli'�'
Letter from Applicant
PHASE TWi7 QURf}UG THE GUIDAN�
CiF THE HISTORICAI CUMMI7TEE
Reczlved apptc�vai far new rvaE; new p�int
and new cxteriar sriEi�g.
��+�+'oof was instaf l ed.
he�w sldi[I� was sta'ted.
Fr[,ht �6rttY r?pai.�ed v,vith Fla�+sdcnne ta
el;minatiQ m�rr� water d�ma�e tn Th�
IP9SCCi9f 4f ThE �96t15�.
ST#�P flRJ�'R GIVE'U —CEN NEEpS
CL4Ri�ICATiaN iJN .'VEW 5`CrlNts.
PHASE THREE• FU'fURE11551STAfiJCE
N'EE�ECi F�� TFiE ii1�T6R6CAt €]1STRiUi
itl�:e� apprrnra! csf sidin� matc�ial.
N�ed apprdvat oF uvc��d tr3m aro€�acz-
w�nd'aws.
I�eetl apprc�v�[ o�r cr�wl space a:e vent
couers,
IWeed apPrt�wa� aT n€u� driv�r3Y materiaR
cha ry�;ed frc�m �rave�P w ccancret� -
Approved Certificate of Appropriateness
4IIY
C31
�����'� �2r ar. ��,� . a�r�ronr, r�as . �azvr . ��aa-��s-s�.r� . �Axs�-��s-�rar
F'latrning and Develop►nent f3epartrn�r�f
J�tne 1 i . 2i}13
J�f� I�rue�er
13Ci7 CJeer Frat'e�t C3r
Dentan, T� 7�20�
��JBJEGi; �[�A13-(J[]13, 18�#7 N 8ell Aven�ae
C�ear �rlr. Krueger:
Y'raur rec�ues� for a��:rtificate vf P,ppropr�ateness to rnake the fvNlovvin� re�aa�rs vn the
hcruse loc�ted at 18[l7 N 6eli Aven�ae:
1, Re�air anr.fl�rr replace ro�ting wc�ad siding ❑n the scu�� and eask sides c�f the
h�use wiih vvavd sidin� as presented;
�_ Re�alace the w�aeaden s�ss�t#ers an th� �vinda+�rs v�rith shutfers c�f the �me size �nd
style;
�. Install a rsew roof wit� uvhite Twmberline hig� deFn�t��c� �h�r�gles; and
�i. Paint the exteri�rr c�f the h�use located at 18L17 �1 Beli Avenue ��hr Marquee
Exterior Satin LII#ra Pure '1�lhite Na. �45� anci the shutters 61ack has b�er�
aclrninistrativeFy apprav�d,
I� you h�ve aray que�ti�ns please �er nof hesitate ta c€antact me at (�4Q) 3�� 8351 _
Sinc�rely,
�`
Cirsdy Jackson, AI�P
Prc����t 9Vl�nager
Gc: R�dney Pattersc�n, B�r�lding Ir�spectians
TQdd �'arner, Cvde Erafc�rcement Crepartrrtent
"Dedicaterf ta £�uality Service''
wwsvi cety�af�ie�rtc�n.cam
c:u3�
a aF
��� ���^2f N_ ELNf ■ L7EfWT(1N, FEXAS ■ i&2i?1 ■ 94a-3�f4-&5�''J ■ FA�Y 9�-�'4�-T7t7?
Pianrring and f�eaefapment f�eparf�ir�ent
June 28, 2{}13
Tern,� Ffess
18{ii N Bell Ave
L��ntvn, TX T62��
Sl9E3JE�T: CCiA13-[1�I1 �, 1€�i}7 N B�II Avenue sid�ng
[3�ar Mr. F��ss-
Yau� reque�f far a CerkiPicaie vf Appr�priater�ess t� repair anddvr replace rvtting waod
s'sding an the scsuth �nd e�st s�des vf the house vvith woad siding as presented and pa�rrt
tt wh�te to matc� tE�e current hc�use c+�lc�r„ has k�een administratively approved.
If you have any qu�s#i�ans please da ncot hesitate tn eran��ct me at {940� 349 83�� .
�incere�y,
�,
c��,�y ���k�fln, AIC�
������� �������
Gc: Jeff I�ruger, �gen#
Rodney Pa�tes�son, B+��Idin� Ir�s��c�ic�ns
Torid Varner, G�ade Enfarc�menf I3ep�rkrr�ent
s �edmcated ta Rualffy Setv�ce"
tvws�: a;etyafderrte�a�. c�rrr
c:u3�
a aF
��� ���^2f N_ ELNf ■ L7EfWT(1N, FEXAS ■ i&2i?1 ■ 94a-3�f4-&5�''J ■ FA�Y 9�-�'4�-T7t7?
Pianrring and f�eaefapment f�eparf�ir�ent
July 3, 2Q13
Tern,� Ffess
18{ii N Bell Ave
L��ntvn, TX T62��
Sl9E3JE�T: CCiA13-��17, 1€�i}7 N B�II Avenue fence
[3�ar Mr. F��ss-
Yau� request %�r a Certificate of Apprflpr�a#er�ess ta re�aia�e khe w�rvad fencing Naca#ed vn
the s�uth side� af th� lot with a new ced�r wo�d fence, arrd r��l�c� rc�tting favards �n the
fiencing on khe vvest and r�ortht �ide c�f khe sike wi�h c�dar fence boards to match the
exi�t(ng fence; ��s �een �dmir�istrat�vely a�pr�v�d.
If yvu h�ve ar�y q�aestians please do not hesit�rke ka cc�ntact r�e at (940} 349-8351.
Sinc�re�y�
I�
�i�dy .f��ksor�, AICP
PrQjec# Manager
Cc: Je�fi Kruger, �ge�t
Rcrdney Pattersc�n, Building I�sspecaiarss
Tvdd Varraer„ �ade Eraforcemenf �epartment
"t3edicateaF ta LQualpty 5efarice„
wurw. cityafri�nttr�. ecrm
Pictures from Real Estate Listing
Exhibit 8
August 12, 2013 Meeting Minutes
Exhibit 8
August 12, 2013, HLC Meeting Minutes
MINUTES
HISTORIC LANDMARI� COMMISSION
August 12, 2013
After determining that a quorum was present, the Historic Landmark Commission convened in a
Work Session on Monday, August 12, 2013 at 5:30p.m. in the Council W ork Session Room at
City Hall.
Present: Laura Mauelshagen, Deb Conte, Scott Campbell, Lindsay Keffer, Pati Haworth
and Michelle Lynn.
Absent: Eric Pulido and Murray Ricks.
Staff: Athenia Green, Cindy Jackson, Brian Lockley, John Knight, Kurt Hansen, Nana
Appiah, Johnna Matthews, John Cabrales, Rodney Patterson.
1. Call to order.
Conte called the Work Session to order at 5:36p.m. The Historic Landmark Commission entered
into a closed meeting at 5:36p.m.
� � 1
A. Consultation with Attorneys — Under Texas Government Code Section 551.071.
1. Call to order.
Conte called the Regular Work Session to order at 6:38p.m.
�. ' _ __
A. Hold a discussion regarding the following locations (Brian Lockley):
a. 211 E. Hickory, Travelstead building
This item was tabled to the September 9, 2013 meeting.
b. 331 E Hickory Street
This item was tabled to the September 9, 2013 meeting.
c. Lone Star Attitude, formerly Denton County Independent Hamburger Company Building
This item was tabled to the September 9, 2013 meeting.
1
2. � NSI E 1' VAL F'T IS'T � LA � ISSI N 'TES
OF :
A. July 10, 2013
Commissioner Lindsay Keffer motioned, Commissioner Scott Campbell seconded to approve the
minutes. Motion approved (6-0).
' C 1 ��. '
A. Consider approval of a Certificate of A ppropriateness to rep aint an existing single
family home at 1004 W. Oak Street. The subject property is located within a Neighborhood
Residential 3(NR-3) zoning district as well as the Oak-Hickory Historic District. (COA13-
0019, 1004 W. Oak Street, Johnna Matthews)
Matthews gave a presentation to explain that the purpose of this Certificate of Appropriateness
(COA) is to repaint an existing sin gle family home. The hom e is currently painted blue with
burgundy trim, and the Owners are s eeking the Commission's approval in order to repaint the
wood siding Sea Moss, and the scallops and guar drails Olive Grove. Matth ews noted that these
colors are similar to those of a home curren tly at the Bayless-Selby House Museu m. Matthews
concluded that, based on the criteria in Section 35.7.9.5 of the Denton Developm ent Code
(DDC), staff recommends approval of the request.
The property Owners were present, but did not wish to speak Conte opened the floor to the
public, and there was no one who elected to speak on this item.
Commissioner Lindsay Keffer motioned, Commissioner Michelle Lynn seconded to approve this
request. Motion approved (6-0).
B. Consider approval of a Certificate of Appropriateness to rep lace the roof and add
ventilation at 1926 Bell Avenue . The subject property is loca ted within a Neighborhood
Residential 3(NR-3) zoning district and the Bell Avenue Historic Conservation District.
(COA13-0018, 1926 Bell Avenue, Michele Berry)
Nana Appiah gave a presentation, on behalf of Mi chele Berry, to describe the purpose of this
COA. Appiah explained that the Owners are se eking the Commission's approval to replace the
roof and add ventilation to an existing single family structure. The proposed roof shingles are of
an alternate color, and a portion of the proposed ridge vents woul d be visible from Bell Avenue.
Appiah concluded that, based on the criteria in Section 35.7.13.5 of the DDC, staff recommends
approval of the request.
Conte opened the floor to the public, and there was no one who elected to speak on this item.
Commissioner Lindsay Keffer m otioned, Commissioner Scott Cam pbell seconded to approve
this request. Motion approved (6-0).
C. Consider approval of a Certif icate of Appropriateness for the installation of w indows
and a front door on an existing house. The request also includes addition of flagstone on the
floor of the front porch, concrete drivew ay in front of the house, and crawl space air vent
covers along the bottom of the house. The subject pro perty is lo cated within the Bel l
Avenue Conservation District. (COA13-0014, 1807 Bell Avenue, Nana Appiah)
Appiah explained that the appli cant is seeking the Comm ission's approval to replace the front
door of an existing single fam ily structure, an d to concrete the drivew ay which is currently
graveled. The applicant is also seeking acceptance of items which were replaced prior to seeking
this Commissions approval, including the installation of windows, replacement of crawl space air
vent covers and addition of flagstone on the front porch.
Appiah elaborated on the history of the remodel of the residence located at 1807 N. Bell Avenue.
On April 5, 2013, City staff erroneously issued a permit to remove an accessory structure on the
property. Construction work commenced to replace the exterior windows and interior alterations
after permit approval on April 15, 2013; without the permit properly displayed on site. On April
24, 2013, City staff erroneously issued a permit to replace e�terior windows, install new wall and
ceiling insulation, add an interior wall to the back bedroom , and repair interior plum bing,
electrical, mechanical, and rotted wood. The City subsequently issued a stop wo rk order on the
same day, Apri124, 2013.
The Historic Preservation Officer (HPO) issued Certificates of Appropriateness (COAs) on June
11, 2013 to replace MDF board siding, wood shutters, in stall a new roof, paint the exterior of the
house satin ultra pure white, and paint th e shutters black The HPO issued a 2"d COA for siding
on June 28, 2013, which perm itted with the us e of textured MDF siding on the so uth and east
side of the house. The HPO also issued a pe rmit on July 3, 2013 to replace wood fencing on the
south side of the property with cedar wood fe nce and to replace rotting wood boards on fencing
at the west and north side of the property with cedar fence board. The applicant was not
authorized to construct the flagstone on the front porch.
Appiah concluded that, based on criteria in Section 35.7.10.1 of the Denton Development Code,
staff recommends denial for the installation of flagstone on th e front porch. Staff recomm ends
approval for replacem ent of the proposed front door and concrete driveway, as well as the
recently installed windows and crawl space air vent covers, with the condition that (1) this COA
shall be for the installation of a type of front door as approve d by the HLC and the e�sting door
opening shall not be altered in size, as specifi ed in Section 35.7.10.9 of the DDC and (2) prior to
construction of the proposed driveway, the appli cant shall submit specifications for the concrete
material type along with a site plan which dem onstrates that the width of the proposed driveway
shall not exceed the width of the current driveway.
Lynn inquired if there was a second stop work or der. Nana confirmed that there were two stop
work orders, and advised the Comm ission that the Building Official was present if further
clarification was required.
3
Keffer requested clarification on why staff was recommending denial of the flagstone at the front
porch. Nana explained that the flag stone does not appear to be sim ilar to the porch styles of the
neighborhood.
Haworth inquired if there have been any citations for the existing violations. Hanson replied that
there have not been citations issued. Conte inquired as to why no citations had been issued.
Hanson confirmed again that no citations had b een issued to date and had that, given the
Building Officials level of authority when i ssuing citations, had no further comm ent on the
matter. Conte m ade a r eference to em ails in March between the Owne r and Katia Boykin in
which the zoning of the subject property was discussed, and again inquired as to why no citations
had been issued to date. Lockley advised the Commission that he would research the m atter and
then provide the Comm ission with a determ ination and if it m ay be appropr iate to iss ue
additional permitting fees. Conte expressed that a similar solution was offered at the July 8, 2013
HLC meeting. Lockley elaborated that other issues were the m ain focus of discussion at the
previous meeting, including illegal dumping in the back yard and pool, and re-confirm ed that he
would research further into the appropriateness of issuing cita tions or other penalty for any
unauthorized construction.
Conte questioned who had erroneo usly issued permits on April 5 to rem ove the accesso ry
structure, and Apri12 4 for interior rep airs and replacement of exte rior windows. Lockley
elaborated that perm its are processed through th e Building Inspections Departm ent. Conte
requested confirmation that the permits had been issued because th e historical designation of the
property was not flagged properly in the City's system. Lockley confirmed that was the case.
Haworth mentioned that, in reviewing the m inutes of the previous HL C meeting, there was a
statement from Hanson confirm ing that he would research the events leading up to th e
erroneously issued permits and lack of citations. Lockley elaborated that there had been multiple
requests for this property during the previous H LC meeting, and that it had been his intention to
respond the Commission m embers, by e mail or ot herwise, to clarify the circum stances
surrounding the possible illegal dum ping and f ees when m ore complete inform ation was
available. Lockley added that Jackson had pr epared a memo for the Commission, although it did
not cover the issue of citations and the issuance of permits.
Conte inquired as to why there was no previous discussion regarding the permit for replacing the
exterior windows. Appiah clarified that the windows had not been discussed previously since a
formal staff report had not been presented until this meeting.
Lynn inquired if the driveway was being propos ed to extend to the (for mer) location of the
accessory structure, and where parking might occur. Appiah advised the Commission that one of
the suggested conditions of approval was to s ubmit a site plan for review by the City's
engineering staf£ Nana commented that the pro posed driveway seem ed to su rpass the cu rrent
driveway length and w idth, per the sketch in the presentation. Appiah suggested that the
condition could be m odified by the Commission if necessary. C onte requested input from the
property owners.
:�
Jeff Krueger and Father Kyle W alterstein approached the Comm issioners, and stated that the
property Owner, Terry Hess, was present in the audience.
Krueger stated that the property owner had not been advised of the histori cal significance of the
property upon purchase, and that perm its had been issued by the City upon request for the work
which had been done to date. Kr ueger elaborated th at the hom e, and the accesso ry structure,
were in a hazardous state of disrepair when they began the im provements. Lynn requested
clarification of the intended use of the hom e. Walterstein explained that the inten tion was to
house up to three students currently enrolled at Texas W omen's University, and to potentially
expand the services in order to house additional clerical members in the future.
Conte requested clarif ication regarding discussions with Katia Boykin, and general
correspondence with the City in March. Krueger st ated that, after the Owner was advised of the
historical status of the home, he had explained to his construction crew that no other work was to
be done on the exterior of the home. Krueger added that the addition of the flagstone at the front
porch was an exception, and due to a miscommunication with hi s voluntary construction crew.
Conte listed other item s, including installati on of windows, which had been replaced after the
Owner was notified of the historical designa tion of the hom e by the neighborhood. Krueger
stated that the crew would only have continued work on the interior of the hom e and that, with
the exception of the flagstone, he was under the impression that they he had been adhering to the
City requirements. Krueger reiterated that he ha d received permits from the City f or the work,
that it was the Owners intention to im prove the home, and requested that the Comm ission
consider the items currently being presented for approval.
Haworth inquired if the real estate agent advised the Owner of the historical status of the home at
the time of purchase. Krueger stated that th e real estate agent had not revealed the his torical
designation of the property to the Owner, W alterstein or him sel£ Mauelshagen stated that the
title company pulls the information that is filed with the City. Campbell added that there is a sign
noting the historical district on Bell Avenue across the street from the home.
Haworth asked Mr. Krueger when he had served on City Council. Mr. Krueger replied that this
was from 1996 to 1998. Lynn inquired if the Histori cal District had been present at that tim e.
Conte stated that the Histori cal District was created in 2000, with the prelim inary work
beginning around 1999.
Conte inquired if the existing driveway extend s beyond the back corner of the house. Krueger
stated that the existing driveway ends at the ba ck corner of the hom e, although parking was also
beyond the corner of th e home in the form er accessory structure. Conte requested clarification
regarding a square feature behind the hom e on the s ite plan. Hess clarified that it is intended to
be a sand volleyball court. Haworth asked if the court was to be lighted, and Hess confirmed that
was the intent. Conte advised the applicants that there are lighting regulations for the district, and
that a sand court would detract from the landscaping/ permeable surface requirements.
Krueger continued with the discus sion regarding the driveway, elaborating that it is proposed to
extend the beyond the back corner of the home in order to allow for parking. Lynn asked Kruger
how many parking spaces are proposed. W alterstein replied tha t approximately three sp aces
�
would be used. Lynn began to question the reasoning behind the a dditional parking, and
Mauelshagen interjected that it was only crucial for the Commissi on to evaluate the proposal in
terms of the historic district's regulations.
Conte suggested that it may be appropriate to allow the public to speak Krueger requested to add
another comment ... that he was told by Building Inspections staff that a fence perm it was not
relevant to a property in a historical district. Jackson replied that she had subsequently explained
the applicability of the ordinance to staff; in that a fence which is viewable from the street is
under the purview of this Commission.
Conte requested that members of the public have an opportunity to speak.
A neighbor, Angela Stripling, requ ested to speak Stripling descri bed her frustration with the
neighbors; in that she had followed the appr opriate process to receive the Commission's
approval for similar renovations to her hom e. She stated that she had made several attempts to
contact the Historical Preservation Officer, and had not received a response. Stripling added that
she is frustrated with the City for failing to en sure that the property is in com pliance with the
regulations of the historical di strict. Stripling conc luded by requesting th at the Commission
ensure that the COA proposal, including m aterial specifications, be reviewed in a manner which
adheres to the historic districts regulations and DDC.
A neighbor, Ernie Stripling, also requested to speak Mr. S tripling objected to the applicant's
derogatory terminology when referring to the neighborhood during his presentation, and inquired
as to why there had been no discussion regard ing the demolition of the swimm ing pool. Conte
stated that the demolition of the pool does not fall under the purview of the Commission, but that
the Commission is currently coordinating with City staff for a response on the issue.
A neighbor, Brian W heeler, requested to speak Br ian Wheeler stated that he recommends that
the Commission decline the proposal due to its inadequacy. He added that, should the
Commission approve the proposal, they m ay inadvertently set a preced ent for approving non-
complying renovations following illegal activities. Brian Wheeler inquired as to w hy the back
portion of the hom e, which was screened in prio r to the applicant's renovations, had not been
discussed and suggested that the Commission require m ore detailed information from the
applicant before evaluating the proposal.
A neighbor, Gary Hayden, requested to speak. Hayden stated that he has been a resident of Bell
Avenue for 20 years. He suggested, in concurre nce with the other neighbors who have spoken,
that the Commission ensure that the applicant's pr oposal be evaluated within the restrictions of
the historic district a nd DDC. Hayden attem pted to address the property owner, rem arking that
the neighborhood is interested in renovating the property. .. Conte requested that Hayden only
address the Commission directly.
Conte inquired if there was anyone else to speak on the item, and there was not.
Mauelshagen inquired what the City's guidelines regarding the pool are. Conte requested that
Appiah elaborate on the topic. Jackson interjected that the demolition of the pool is not under the
�
purview of the Commission since it is not visible from the street. Hanson added that there are no
regulations for demolition of a pool. Conte rem arked that per conversations between herself and
the previous owner, considerable funding had been applied towards repairs of the pool prior to
the transfer of ownership.
Conte requested clarification regarding the materials of the existing windows. Appiah stated that,
per the DDC, he evaluated only the window size a nd style. Conte requested confirm ation that
any change in com position of m aterials is al so under the purview of the Comm ission. Appiah
confirmed that it was under the purview of the Commission. Conte stated that the original
windows seem to be larger than the proposed replacements, and then requested confirmation that
the proposed windows are of an incom patible composition and size. Appiah confirm ed that the
proposed windows are of differing materials and size from the originals.
Conte requested clarification regarding a small room which was added to the back corner of th e
home, and stated that it appeared to be visible from the street. Appiah stated that the information
presented to the Comm ission is conveyed by the applicant. Lynn asked Appiah if he ha d
personally seen the home. Appiah stated that h e does view the hom e twice a week o n average,
and added that he did not receive all of the info rmation he requested from the applicant. Lynn
stated that a wall was discussed at the previ ous meeting, and requested confirm ation that the
current conversation w as regarding the sam e wall. Appiah stated that was correct. Lynn
remarked that she was only seeking clarification.
Conte inquired why there had not been previous discussion rega rding the replacem ent of air
vents for the crawl space. Conte stated that there did not appear to be any mention of materials in
the presentation. Appiah responded that the air vent covers had already been replaced and he was
unable to get inform ation from the applicant regarding the previous conditions. Jackson
elaborated that the replacement covers a re of the same type and composition as the origina 1
covers. Haworth requested confirm ation that the re placement covers are in the sam e location as
the originals. After exam ining photos of the front of the hom e which were part of the
presentation, the Commission concluded that three original covers had been reduced to two upon
replacement.
Conte revisited the prop osed windows, requesting confirmation that the proposed replacem ent
windows are vinyl with wood trim to cover the vinyl material. Jackson stated that she had spoken
with the applican t regarding a method whic h might accommodate the curren tly installed
windows in order to minim ize cost. Conte stated that the current proposal does not m eet the
regulations. Jackson elaborated that she had suggested that the applicant could present the wood
trim as a solution to the Commission.
Haworth requested clarification regarding the m aterials of th e existing front door. Appiah
confirmed that the door is wood. Lynn stated that she does not believe the Comm ission may
conduct a complete review of the COA without more detailed inform ation. Knight stated that he
wanted to ensure that the Comm ission is awar e that the City ord inances are not generally
retroactive by nature, and that de nial of a COA does not also con stitute a re quirement for
removal of any materials currently installed. Knight elaborated that should an item be considered
in violation of the DDC, the Building Off icial would have the option to issue a citation as a
7
punitive measure. Conte requested advice regarding the appropriate steps following a motion to
deny a COA. Knight repeated that a citation from the Building Of ficial would be an option, and
that it would not be appropriate to discuss the alternate options in a public forum.
Keffer requested clarification of the consequences of denying the proposed COA. Conte replied
that the Building Officials would be responsible for ensuring that the existing structure is in
compliance with the DDC. Conte inquired if the Commission had required further discussion on
any of the proposed items.
Mauelshagen recommended that the Commission review the proposal as if no restoration work
had been done. Haworth inquired if all of the item s were to be reviewed by the Commission
under single COA. Conte asked Knight if the C ommission was able to vote on each item of the
COA separately. Knight stated that the Commission would be able to vote on the proposed items
in two parts, the proposed flagstones being the first part. The driveway, front door, windows and
air vent covers would constitute the second part; to be approved or denied as a singular proposal.
Lockley stated that he would like to add to Kn ights comments that any penalties issued by the
Building Official for item s which are not in co mpliance with the DDC accrue on a daily bas is.
Each day would constitute a separate violati on. Conte inquired if the Commission was prepared
to vote regarding the flagstones.
Commissioner Patti Haworth m otioned, Commissioner Scott Cam pbell seconded to deny the
request for flagstone at the front porch base d on staff's recomm endation for denial and the
absence of similar materials in th e Bell Avenue Conservation District. Motion carried (6 -1),
Keffer opposed.
Jackson reminded the Commission that the applicant will have the option to appeal a decision to
the City Council, and that any citations may not be issued until after that option was exhausted.
Commissioner Scott Campbell m otioned, Commissioner Patti Haworth m otioned to am end the
motion for denial with the conditions that the one year re-application period be waived, and that
the applicant provide th e Commission with a detailed pro posal of renovations and m aterial
specifications upon subsequent application. Comm issioner Scott Campbell motioned to approve
the amendment to the motion for denial.
Brian Lockley suggested that the C ommission advise the applicants of th e appropriate revisions
for re-submittal of the C OA. Conte confirm ed with Knight that it was acceptable to address the
applicants with a motion pending.
Krueger requested confirmation that the Commission was not able to vote on item s proposed in
the COA individually. Conte and Knight confirmed that the Commission was required to vote on
the COA as a singular proposal. Krueger stated that the air vents covers were not referenced in
the current COA submittal. Conte stated that the air vent covers were referenced. Conte stated
that the Commission would advise the applicant regarding each item proposed.
Conte advised the applicant that materials should generally be replaced with materials of the
same composition and style. Conte stated that sin ce there were originally three air vent covers at
E3
the front of the hom e, the Commission would seek to ensure that all three air vent covers were
replaced with covers of sim ilar composition and size. Lynn suggested th at the applicant m imic
the style of front doors from other homes in the neighborhood. Conte advised the applicant that a
certain ratio of impermeable surface area and building space to landscaping is required. Conte
elaborated that in addition to the com position and proportions of the proposed driveway, the
Commission would also evaluate the percentage of impermeable surface area of the lot to ensure
that the landscaping requirem ents are m et. Conte stated that th e volleyball court which th e
property owner had previously m entioned may also alter the existing pr oportions of the lot.
Krueger stated that the d riveway extended into the former accessory structure. Conte stated that
the Commission would recomm end maintaining the green space to s tructure or imperm eable
concrete ratio. Conte reiterated that the Comm ission is essentially reviewing COA proposals for
congruence in m aterials, size and style. Mauelshagen advised the applicant that the proposed
driveway should also not be wider than the existing gravel driveway. Conte advised the applicant
that the windows should be replaced with those of an equivalent size, sty le and should m aintain
the wood composition of the original windows.
Commissioner Laura Mauelshagen seconded the pe nding motion for denial of the request based
on staff's recommendation; with the conditions that the one year re-application period be waived,
and that the applicant provide the Comm ission with a detailed proposal of renovations and
material specifications upon subsequent application. Motion carried (6-1), Keffer opposed.
4. O'TI-�EIt B�TSINESS:
A. Hold a discussion regarding the Old Post Office located at 221 N. Locust S treet. (Cindy
Jackson).
Jackson began covering the history of the item. Conte interjected to recommend postponement of
items 4B and 4C.
B. Receive a report and hold a discussion regardi ng the pro cess for the creation of a historic
overlay district in the Downtown area. (Brian Lockley).
Item tabled to September 9th meeting.
C. Hold a discussion and take action regard ing the creation of a subcomm ittee of this
Commission to review other cities historic preservation processes. (Brian Lockley)
Item tabled to September 9th meeting.
D. Hold a discussion and take action regarding the proposed state landmark designation of 221
North Elm Street. (Pati Haworth)
Haworth stated that she has di stributed a copy of a letter under review to the Commissioners.
Lockley requested to advise the Comm ission of an update from City Council on this item .
Lockley stated that City Council has expresse d an interest in 221 N. El m Street and has
subsequently requested that the C ommission postpone an y action on this item until furth er
direction from the City Council. Haworth inqui red why a state landm ark designation would
�
jeopardize City Councils interest in the building. Lockley stated that City Council was only
requesting no further action for the tim e being. Haworth requested confirm ation of how long
further action was to be postponed. Lockley stated that he would consult with the City Manager's
Office and advise the Comm ission of a tim e frame. Conte stated that the Comm ission should
postpone action on this item pending further direc tion from City Council. Haworth inquired if
the request to postpone further action on this item originated from staff or City Council. Lockley
replied that the request was from City Council which developed from a broader discussion with
staff regarding the downtown in general.
A. Preservation Officers Report
a. Student Photo Exhibit
7ackson described that staff is currently working with the University of North Texas to prepare a
brief presentation and reception in recognition of the volunteers. Jack son requested that the
group members give a brief presentation re garding this item at the September 9th meeting of this
Commission. Jackson concluded that she would distribute invitations to the City Council and all
of the Commissions.
b. Historic Resource Survey
• . �.
Mauelshagen requested that the items which were not discussed at this meeting be updated for
the September 9th meeting. There were no other requests.
. ��. � ' �
Commissioner Laura Mauelshagen motioned to adjourn the meeting at 9:OSp.m, Commissioner
Michelle Lynn seconded the motion. Motion approved. (6-0)
10
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
May 6, 2014
Economic Development
John Cabrales, Jr.
��
Hold a public hearing and consider approval of a resolution of the City Council of
Denton, Texas, making findings that the proposed Rayzor Ranch Public Improvement
District No. 1 and the proposed public improvements will promote the interests of the
City and confer a special benefit on a definable part of the City; providing that the district
and proposed public improvements are feasible and advisable; providing findings with
respect to the nature and estimated cost of the proposed public improvements, the
boundaries of the district, the method of assessment, and apportionment of costs between
the District and the City; authorizing the creation of the District and directing the City
Secretary or other officer to publish notice of the creation; and providing an effective
date. The Economic Development Partnership Board recommends approval (7-0).
BACKGROUND
A Public Improvement District (PID) is a defined area where public improvements may
be financed through the use of special assessments. The funds from the assessment can
be used to maintain those improvements. Under Chapter 372 of the Local Government
Code, a public improvement district may be formed to accomplish any of the following
improvements:
• Water, wastewater, health and sanitation, or drainage improvements (including
acquisition, construction, or improvements of water, wastewater or drainage
improvements);
• Street and sidewalk improvements (acquiring, constructing, improving, widening,
narrowing, closing or rerouting sidewalks, streets or any other roadways or their
rights-of-way);
• Mass transit improvements (acquisition, construction, improvement or rerouting
of mass transportation facilities);
• Parking improvements (acquisition, construction or improvement of off-street
parking facilities);
• Library improvements (acquisition, construction or improvement of libraries);
• Park, recreation and cultural improvements (the establishment or improvement of
parks);
• Landscaping and other aesthetic improvements (erection of fountains, distinctive
lighting and signs);
• Art installation (acquisition and installation of pieces of art);
• Creation of pedestrian malls (construction or improvement of pedestrian malls);
• Similar improvements (projects similar to those listed above);
Agenda Information Sheet
May 6, 2014
Page 2
• Supplemental safety services for the improvement of the district, including public
safety and security services; or
• Supplemental business-related services for the improvement of the district,
including advertising and business recruitment and development.
The Project
The proposed District will include approximately 230 acres owned by Allegiance
Hillview, L.P. and DB Denton II, LLC ("Owners") and located in the southeast quadrant
of the intersection of West University Drive (U.S. Highway 380) and Interstate Highway
35.
The property is being developed for commercial/retail and multi-family uses comparable
in quality to the Rayzor Ranch project north of West University Drive, and will be unique
and exceed the standards in the Denton Development Code. No single-family uses will
be included. The required public improvements will be financed, in part, from the
proceeds of District bonds issued by the City and secured solely by assessments levied
against the property on a per-acre basis that takes into consideration permitted uses.
Assessments will be secured by a lien on the property that is senior to private financing
but junior to the lien for ad valorem taxes. No City property will be assessed, and the
City will not otherwise have any liability to pay assessments. All costs of the collection
and administration of the District will be paid by property owners as part of the annual
installments of assessments. Costs and penalties resulting from assessment delinquencies
(including foreclosure) will also be paid by property owners in the same manner as for ad
valorem tax delinquencies.
The Process
The creation of the District will not obligate the City to levy assessments or issue District
bonds. If the City Council determines it is in the best interest of the City and the property
to levy assessments and issue District bonds, then the amount and terms and conditions of
the bonds (as well as the method by which bond proceeds will be administered) will be
subject to final approval by the City Council.
When assessments have been levied, notice (in a form approved by the City Attorney)
will be filed in the real property records so that all purchasers of property in the District
will have notice of the District, the amount of the assessments (and corresponding liens)
that apply to the property being purchased, the options for payment, and the liability of
the owner should the assessments become delinquent.
Prior to the City Council considering assessments or bond sales, Council will be provided
with the "official reports" which will include a list of the public improvements and the
estimated costs that have been prepared by an engineering firm. In addition, Council will
receive the Preliminary Service and Assessment Plan, Preliminary Assessment Roll, and
Draft Reimbursement Agreement. At this time, the City Council will be asked to call
another Public Hearing where the final Service and Assessment Plan, Assessment Roll,
Reimbursement Agreement and Evidence of Enhanced Value will be considered for
approval. The final documents must be provided to the City at least ten days prior to the
Public Hearing for our review.
Agenda Information Sheet
May 6, 2014
Page 3
ESTIMATED SCHEDULE OF PROJECT
If the PID is approved by the City Council, construction of the improvements may start
twenty days following the creation of the PID.
According to Chapter 372 of the Local Government Code, a public hearing will be held
following completion of the Feasibility Report "to determine the advisability of the
proposed improvements." Council will "make findings regarding the advisability of the
proposed improvements" by resolution.
A five-year on-going service plan and assessment plan will be developed.
PRIOR ACTION/REVIEW
On April l, 2014, the City Council approved a Resolution No. 2014-012 accepting for
filing a petition for the creation of Rayzor Ranch Public Improvement District No. l;
ordering a public hearing to consider the creation of the District; authorizing and
directing the publication and mailing of notices of the public hearing as required by law.
On March 25, 2014, representatives of RED Development filed a petition requesting that
the City Council consider the creation of a Public Improvement District (PID) to provide
for funding for infrastructure improvements for Phase II of the Rayzor Ranch
development — Rayzor Ranch Town Center.
The Economic Development Partnership Board discussed the proposed PID at their April
l, 2014, and March 18, 2014, meetings and gave staff direction to continue to pursue the
creation of the PID and the Term Sheet. The City Council discussed the PID request at
their March 4, 2014, meeting and directed staff to proceed with the creation of the PID.
FISCAL INFORMATION
The estimated total cost of the proposed public improvements is $40,000,000. Pursuant
to the Term Sheet, the maximum indebtedness for Assessment Area #1 will be
$12,000,000.
Costs incurred in the creation and administration of the PID will be paid through PID
funds.
The Term Sheet is provided as Exhibit l, and includes the following key considerations
to protect the City's financial interests:
• The minimum assessed value to lien ratio at each bond issue is 3:1.
• Each bond issue will preclude the City from making debt service payments other
than from special assessment revenues.
• The PID will cover the City's administrative costs.
• The developer will be required to deposit into escrow cash or a Letter of Credit
(Financial Assurance) to cover any projected construction shortfalls.
• The developer will be required to petition the City to dissolve the PID if no bonds
are issued within five years from the date of formation of the PID.
Agenda Information Sheet
May 6, 2014
Page 4
EXHIBITS
Exhibit 1— Rayzor Ranch PID Term Sheet
Exhibit 2— Resolution Calling a Public Hearing and Creating the PID
Respectfully submitted:
�'� � � � � �� �
Aimee Bissett, Director
Economic Development Department
EXHIBIT 1
TERM SHEET
RAYZOR RANCH SOUTH PUBLIC IMPROVEMENT DISTRICT
3/7/14
In order to form the Rayzor Ranch South Public Improvement District ("the PID"), the following
limitations and performance standards shall apply:
FINANCING CRITERIA
L Maximum Total Indebtedness — PID $ 40,000,000 subject to the limitation that the
estimated equivalent tax rate of the assessments upon
completion of the development does not exceed $0.50
per $100 of assessed value.
2. Estimated Total Qualified Development Costs $ 32,000,000
—PID
3. Maximum Total Indebtedness — Assessment $ 12,000,000
Area # 1
4. Maximum annual assessment rate as $0.50 per $100 of assessed value
equivalent tax rate upon completion of
development — Assessment Area #1
5. Maximum Construction Costs to be Funded —$ 8,100,000
Assessment Area #1
6. Minimum appraised value to lien ratio at date 3:1
of each bond issue
7. Maximum years of capitalized interest for each 2
bond issue
8. Maximum term of each bond issue (to extent 30 years
allowed by law)
The aggregate principal amount of bonds required to be issued shall not exceed an amount sufficient to
fund: (i) the actual costs of the qualified public improvements (ii) required reserves and capitalized
interest during the period of construction and not more than 12 months after the completion of
construction and in no event for a period greater than 2 years from the date of the initial delivery of the
bonds and (iii) any costs of issuance. Provided, however that to the extent the law(s) which limit the
period of capitalized interest to 12 months after completion of construction change, the foregoing
limitation may be adjusted to reflect the law(s) in effect at the time of future Bond issuances. Appraisals
shall be performed by an independent third party satisfactory to the City and shall assume development of
the property will only include completion of the Authorized Improvements financed with PID Bonds
and/or any other financial assurance as required according to the terms herein.
MISCELLANEOUS
l. The specific Financing Criteria above includes potential financing activity associated with those land
parcels within Rayzor Ranch Town Center and the approximately 100 acres currently owned by RED
Development, LLC or its affiliates and identified on Exhibit A as Assessment Area #l.
EXHIBIT 1
2. The land owned by Allegiance Hillview, or its affiliates, within Rayzor Ranch South is not included in
the above stated Financing Criteria but Allegiance Hillview and/or its affiliates retain the right to
submit Financing Criteria similar to the above for Future Assessment Areas as shown on Exhibit A.
3. The proposed PID does not include land located north of University Avenue or any land intended for
development as detached single family residential.
4. The City of Denton (the "City") agrees that PID Bonds, subject to compliance with the standards set
forth herein, may be issued in advance of construction for the Authorized Improvements within
Assessment Area #l.
5. RED Development, or its assignees, may seek bond issues either in advance of construction of and/or
on a reimbursement basis for an individual Phase of the Project subject to compliance with these
standards. No PID bonds will be issued without the approval by the City of a Service and Assessment
Plan for the Specific Assessment Area within the District.
6. No General Obligation or Certificate of Obligation bonds will be utilized by the City to fund the PIDs.
7. RED Development, Allegiance Hillview, their assignees and the City agree that all PID bond issues, if
any, will be subject to approval by the City Council but that the terms outlined here will apply.
8. Special assessments on any given portion of the property may be adjusted in connection with
subsequent bond issues as long as the maximum annual assessment rate is not exceeded, and the
special assessments are determined in accordance with applicable Service and Assessment Plan(s).
Special assessments on any portion of the property will bear a direct proportionate relationship to, and
will not exceed, the special benefit of the public improvements to that improvement area.
9. The City shall not be obligated to provide funds for any improvement except from the proceeds of the
PID Bonds and/or per the terms of the 380 Agreement, as may be amended from time to time.
10. Each PID Bond Indenture will contain language precluding the City from making any debt service
payments for the PID Bonds other than from available special assessment revenues.
11. The PID will be responsible for payment of all of the City's reasonable and customary costs and
expenses associated with both the issuance of bonds and the ongoing administration of the PID.
12. It is agreed that the PID will be exempt from any public bidding or other purchasing and procurement
policies to the extent the project qualifies under Texas Local Government Code Section 252.022(a) (9)
which states that a project is exempt from such policies if "paving drainage, street widening and other
public improvements, or related matters, if at least one-third of the cost is to be paid by or through
special assessments levied on property that will benefit from the improvements."
13. The City will not approve any PID Bonds for Assessment Area #1 unless at least 50% of the proposed
Gross Leasable Area has been pre-leased or under contract to be sold to retail operators.
14. It is agreed that the improvements to be funded by the PID for Assessment Area #1 or any other
parcels located within the PID are limited to those defined as Authorized Improvements under Texas
Local Government Code Section 372.003 ("Authorized Improvements"), and will be dedicated to the
City:
• Streets and sidewalks;
• Public safety and security services;
• Water, wastewater, health and sanitation, and drainage facilities
• Acquisition of rights of way;
• Art;
• Creation of pedestrian malls;
• Erection of fountains, landscaping and other aesthetics;
• Library facilities;
• Mass transit;
• Park, recreation and cultural facilities; and,
• Parking facilities.
2
EXHIBIT 1
15. The City retains the right to approve the use of future PID Bonds for construction costs of Authorized
Improvements for Future Assessment Areas or for additional assessments within Assessment Area #1.
16. RED Development, or its assignees, shall be obligated to provide funds, in a cash escrow/trust
agreement, or an irrevocable letter of credit (Financial Assurance), to pay projected construction
shortfalls, if any, for improvements to be financed with PID Bonds. Such funds or irrevocable letter
of credit shall be deposited with the trustee for the PID Bonds at closing. RED Development shall
also be obligated to pay any cost overruns for such improvements, if the cost of such improvements
exceeds the amount of the PID Bonds and Financial Assurance deposited with the trustee for payment
of such costs.
17. It is agreed that, if no PID Bonds are issued within a period of five (5) years from the date of the
formation of the PID by the Denton City Council, RED Development, or its assignees, will be
required to submit a petition to dissolve the PID.
18. It is agreed that all principal landowners will provide any required continuing disclosure obligations
associated with the issuance of PID Bonds as required under the Indenture, any continuing disclosure
agreement, or any other regulatory agreement or regulatory agency.
19. In connection with the issuance of the initial PID Bonds on behalf of Assessment Area #l, RED
Development, or its assignees, agrees to guarantee the funding of the City's costs associated with the
formation of the PID and the issuance of the initial PID Bonds through a mutually negotiated Escrow
and Deposit Agreement and to be paid back by the PID Bond proceeds.
20. This term sheet shall remain in place until such time and date that a Financing Agreement is executed
by the City, RED Development, Allegiance Hillview and/or their assignees.
21. Assignees of RED Development and/or Allegiance Hillview, for purposes of this Term Sheet, shall
include only those parties which have demonstrated to the City's satisfaction that the party has the
financial, technical and managerial capacity, experience and expertise to perform any obligations or
duties assigned or necessary to develop the Authorized Improvements of the PID.
3
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF DENTON, TEXAS, MAKING FINDINGS
THAT THE PROPOSED RAYZOR RANCH PUBLIC IMPROVEMENT DISTRICT NO. 1
AND THE PROPOSED PUBLIC IMPROVEMENTS WILL PROMOTE THE INTERESTS OF
THE CITY AND CONFER A SPECIAL BENEFIT ON A DEFINABLE PART OF THE CITY;
PROVIDING THAT THE DISTRICT AND PROPOSED PUBLIC TMPROVF,MF,NTS ARF,
FEASIBLE AND ADVISABLE; PROVIDING F1NDINGS WITH RESPECT TO THE
NATURE AND ESTIMATED COST OF THE PROPOSED PUBLIC IMPROVEMENTS, THE
BOUNDARIES OF THE DISTRICT, THE METHOD OF ASSESSMEN'I', AND
APPORTIONMENT OF COSTS BETWEEN THE DISTRICT AND THE CITY;
AUTHORIZING THE CREATION OF 1�HE ll1S"1'R1C"T AND DIRECTING THE CITY
SECRETARY OR OTHER OFFICER TO PUBLISH NOTICE OF THE CREATION; AND
PROVIDINU AN EFFECTIVE DATE.
WHEREAS, the governing body (the "City Council") of the City of Denton, Texas (the
"City"), is authorized by Chapter 372, Texas Local Government Code, as amended (the "Act"),
to create public improvement districts within the corporate limits and extraterritorial jurisdiction
of the City; and
WF�EREAS, on March 25, 2014, Allegiance Hillview, L.P., a New York limited
partnership and DB Denton II, LLC, a Delaware limited liability company submitted and filed
with the municipal secretary of the City (the "Citv Secretary") a petition (the "Petition")
requesting the creation of Rayzor Ranch Public Improvement District No. 1(the "District")
consisting of property within the corporate limits of the City, which property is described in the
Petition and is the same property described by metes and bounds on the attached Exhibit A and
depicted by the drawings on the attached Exhibit B(the "Property"); and
WHEREAS, the Petition has been on file with the City Secretary and available for public
inspection at all times after it was submitted and filed; and
WHEREAS, the City Council has investigated and determined that the Petition complies
with and is sufficient under the Act to create the District; and
WHEREAS, the City Council has investigated and determined that the matters set forth
in the Petition are true and correct; and
WHEREAS, the City Council has investigated and determined that the public
improvements described in the Petition (the "Public Improvements") are authorized by the Act,
promote the interests of the City, and confer a special benefit on the Property; and
WHEREAS, the City Council has investigated and determined that the District may be
created without a preliminary financial report and without the appointment of an advisory body;
and
s:Alegal\our documents�resolutionsU4\5-6-14 resolution creating rayzor ranch pid #I.doc
WHEREAS, on April l, 2014, the City Council approved Resolution No. 2012-012
accepting the Petition, setting a public hearing for May 6, 2014 (the "Public Hearin�") to take
public testimony on the feasibility and advisability of creating the District and the feasibility and
advisability of the proposed Yublic Improvements and authorizing and directing the City
Secretary to publish and mail notices of the Public Hearing as required by the Act; and
WHEREAS, on or before April 16, 2014, the City Secretary caused notice of the Public
Hearing to be published in a newspaper of general circulation in the area where the proposed
District is located; and
WHEREAS, on or before April 16, 2014, the City Secretary caused notice of the Public
Hearing, addressed to "Property Owner," to be mailed to the current address (as reflected on the
tax rolls) of owners of property subject to assessment under the proposed District; and
WHEREAS, the City Council has investigated and determined that the published and
mailed notices of the Public Hearing complied with the Act and were published and mailed
before the 15t�' day before the date of the Public Hearing as required by the nct; and
WHEREAS, after publishing, mailing, and otherwise providing all notices required by
the Act and state law, the City Council, conducted the Public Hearing on May 6, 2014, at the
time and place, and for the purposes, set forth in the notices; and
WHEREAS, after all persons having an interest in the creation of the District were given
an opportunity to be heard, the City Council closed the Public Hearing on May 6, 2014; NOW,
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The matters set forth in the "WHEREAS" recitals in this Resolution are
true and correct, are fully incorporated as part of this Resolution for all purposes, and constitute
findings of the City Council acting in its legislative capacity.
SECTION 2. The form and content of the Petition, the form, content, and timing of the
notices of the Public Hearing, and the conduct of the Public Hearing were in compliance with all
requirements oF the Act and are hereby ratified and approved.
SECTION 3. The City Council, after considering the Petition, information provided by
the City staff, and the evidence, information, and testimony presented at the Public Hearing,
makes the following findings, each of which represents the exercise by the City Council of its
legislative authority and discretion:
(1) The creation of the District and the undertaking and financing of the Public
Improvements promote the interests of the City;
(2) The creation of the District and the undertaking and financing of the Public
Improvements confer a special benefit on a definable part of the City identitied herein as
the Property;
Page 2
I 915.010\29486.2
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(3) The creation of the District and the undertaking and financing of the Public
Improvements are advisable and feasible;
(4) The proposed Public Improvements are authorized by Section 372.003 of the Act and
include, but are not limited to, the improvements described below. Improvements that
are eligible under that certain Economic Development Program Grant Agreement with
Allegiance Hillview, L.P. between Allegiance Hillview, L.P. and the City effective June
15, 2010, will not include Public Improvements undertaken and financed through the
District.
(5)
(6)
��)
a. arterial, collector, and local street improvements including, but not limited to,
grading, drainage channels and structures, storm drains, retention basins, paving, curb,
gutter, sidewalks, medians, landscaping, street lights, traffic signals, sewer lines, utility
lines and appurtenances, irrigation lines and facilities, signing and striping, dust control
and erosion protection, any necessary transitions, tapers and temporary improvements to
existing roadways and facilities, and other associated improvements;
b. Interstate Highway I-35 frontage roads and associated entry/exit ramp reversal
improvements including, but not limited to, grading, drainage channels and structures,
storm drains, retention basins, paving, curb, gutter, sidewalks, medians, landscaping,
street lights, traffic signals, sewer lines, utility lines and appurtenances, irrigation lines
and facilities, signing and striping, dust control and erosion protection, any necessary
transitions, tapers and temporary improvements to existing roadways and facilities, and
other associated improvements;
c. sanitary sewer line improvements from the main collector and arterial roadways
through the Property to serve individual lots and pad sites;
d. water line improvements from the main collector and arterial roadways through
the Property to serve individual lots and pad sites; and
e. storm water improvements.
The estimated cost of the proposed Public lmprovements is $40,000,000.
The boundaries of the proposed District are the boundaries of the approximately 229.693
contiguous acres within the corporate limits of the City generally located east of
Interstate Highway 35, north of Scripture Street, west of Bonnie Brae Street, and south of
West University Drive (U.S. Highway 380) and described by metes and bounds on
Exhibit A and depicted by the drawings on Exhibit B attached hereto.
The method of assessment (which shall be adopted by ordinance of the City Council after
notice and another public hearing in accordance with the Act) will impose equal shares of
the cost of the proposed public improvements on parcels that are similarly benefited.
Before assessments are levied, a Service and Assessment Plan will be prepared on behalf
of the City Council and made available for public inspection that describes in greater
detail the method by which assessments may be levied against the Property and against
parcels that result from the subdivision of the Property and the amount of the assessments
against each parcel. Once levied, the principal amount of the assessments may be
reduced but not increased. All assessments shall be due and payable in accordance �vith
the ordinance adopted by the City Council and may be paid in full at any time, together
with interest through the date of payment. Assessments levied by the City Council, if not
paid in full, may bc paid in annual installments which may vary in amount from year to
year as approved each year by the City Council, including an amount to pay principal,
interest, costs of collection, costs of administration, and costs and penalties due to
Page 3
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delinquencies. If an assessment is paid in installments, the installments must be in
amounts necessary to meet annual costs for the Public Improvements and must continue
for a period necessary to retire the indebtedness of the Public Improvements.
Assessments may be effective (including the liens created against the Property) as of the
effective date of the ordinance that levies the assessments; however, the ordinance may
provide that the accrual of interest or the collection of annual installments, or both, may
be deferred in accordance with any terms and conditions imposed by the City Council in
the ordinance. If assessments are levied based on estimates of the costs of the Public
Improvements, the levy must be structured so that it will be reduced in the event the
actual costs are less than the estimate.
(8) The costs of the Public Improvements will be apportioned solely to the District and none
to the City.
SECTION 4. The District is authorized, established, and created as a public
improvement district under the Act.
SECTION 5. The District shall be known as Rayzor Ranch Public Improvement District
No. 1.
SECTION 6. The City Secretary is hereby authorized and directed to cause the caption
of this Resolution (together with a general description of the Property) to be published one time
in a newspaper of general circulation in the area where the District is located as required by the
Act; whereupon the authorization of the District shall take effect.
SECTION 7. This Resolution has been approved by majority vote of all members of the
City Council and constitutes the improvement order establishing and creating the District in
accordance with the Act.
SECTION 8. This Resolution shall take effect iinmediately from and after its passage
and publication as required by this Resolution and the Act.
PASSED AND APPROVED this the day of , 2014.
MARK A. BURROUGHS, MAYOR
AT"I'EST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
ANITA BURUESS, CITY ATTORNEY
�-
�
BY:
Page 5
1915.0 I 0\29486.2
Exhibit A
Le�al Description of the Property
METES AND BOUNDS DESCRIP710N
BEING a 231.693 acre tract of land situated in the B.B.B. & C. R.R. Survey, Abstract Number 192, Denton County,
Texas, in the Ci`y of Denton. 6ein9 a portion of the tract of land described as Troct One in the deed to
Allegiance Hillview, L.P. recorded in Document Number 2006-41743, Deed Records of Denton County, Texas and all
of Lot 3, Pearcy/Christon Addition No. 1, an addition to the City of Denton, according to the plat recorded in
Cabinet B, Pa9e 34, Plat Records of Denton County, Texas, also being all of the tract of land described in the
deed to DB Denton Ii, LLC recorded in Document Number 2010-74478, Deed Records of Denton County, Texas and
being a portion of Block 1, Rayzor Ranch South Conveyance Plot according to the Conveyance Plat recorded in
Cabinet Y, Slide 470, Plat Records of Denton County, Texqs, said 231.693 acre tract of lond being more
particularly described as follows:
BEGINNING at the point of intersection of the easterly right—of—woy line of Interstate Highway 35 (Q variable width
right—of—way) with the southerly right—of—way line of University Avenue (a variable width right—of—woy) as
described in the instrument recorded in Document Number 2010-69548, Deed Records of Denton County, Texas;
THENCE with the southerly right—of—wqy line of University Avenue the foilowing:
South 88° 51' OS° East a distance of 233J8 feet to the point of curvature of a curve to the right having a
radius of 4,950.00 feet;
Southeasterly along said curve throuqh a central angle of 01° 49' 3T' an arc distance of 157.83 feet with a
chord bearing of South 87° 56' 20" East and a chord distance of 157.83 feet to the point of tangency of said
curve;
South 87° 01' 32" East a distance of 75.84 feet to the point of curvature of a curve to the left having a
radius of 5,050.00 feet;
Southeasterly along said curve through a central angle of 01° 49' 36" an arc distance of 161.01 feet with a
chord beqring of South 87° 56' 20" East and a chord distance of 161.00 feet to the point of tangency of snid
curve;
South 88° 51' 08" East a distance of 135.55 feet to a polnt for corner;
South 43° 51' 08" East a distance of 42.43 feet to a point for corner;
North 85° 26' 14"' East a distance of 110.55 feet to p point for corner;
North 46° OS' S2" East a distqnce of 42.43 feet to a point for comer;
Sou`h 88° 51' 08" East a distance of 156.45 feet to the point of curvature of a curve to the right having a
radius of 185.00 feet;
Southeasterly along said curve through a central angle of 06° 16' 36" an arc distance of 20.27 feet with a
chord bearing of South 85° 42' 50" East and a chord distance of 20.26 feet to the point of tangency of said
curve;
South 82° 34' 33" East a distance of 78.68 feet to the point of curvature of a curve to the left having a
radius of 215.00 feet;
Continued next page...
Exhibit A to Resolution Crealing Rayzor Ranch PID 1 PagB 1
SHEET 1 OF 8
1915.010\29486.1
Exhibit A
Le�al Description of the PropertY
Continued ...
Southeasterly along said curve through p central angle of O6° 16' 36" pn arc distance of 23.55 feet with a
chord bearing of South 85° 42' S0" East and a chord distance of 23.54 feet to the point of tangency of said
curve;
South 88° 51' 08" East a distance of 248.29 feet to the beginning of a non—tangent curve to the left, the
radius point of sqid curve being situated North Oi° 10' 45" East a distance of 5,050.11 feet from said point;
Southeasterly along said curve through a central angle of 01° 10' 25" an arc distance of 103.44 feet with a
chord bearing of South 89' 24' 27" East and a chord distance of 103.44 feet to the end of said curve;
North 84° 31' 22" Eqst a distance of 125.28 feet to a point for corner;
North 89° 27' 11" East a distance of 26.81 feet to the point of curvature of a curve to the right having a
radius of 185.00 feet;
Southeasterly along said curve through a central angle of 06° 16' 38° an arc distance of 20.27 feet with a
chord bearing of South 87° 24� 30" East and a chord distance of 20.26 feet to the point of tangency of said
curve;
South 84° 16' 11" East p distance of 78.67 feet to the point of curvature of a curve to the left having p
radius of 215.00 feet;
Southeasterly along said curve through a central angle of 06° 16' 38" an arc distance of 23.56 feet with a
chord bearing of South 87° 24' 30" East and a chord distance of 23.54 feet to the point of tangency of said
curve;
North 89° 27' 11" East a distance of 290.19 feet to a point for corner;
South 44° 41' 59" East a distance of 41.80 feet to a point for corner;
North 83° 45' 42" East a distance of 110.92 feet to a point for corner;
North 45° 18' Ot" East a distance of 43.05 feet to a point for corner;
North 89° 27' 11" East a distance of 217.23 feet to the point of curvature of o curve to the right having a
radius of 4,961.00 feet;
Northeasterly along said curve through a central angle of 00° 56' S5" an arc distance of 82.15 feet with a
chord bearin9 of North 89° 55' 38"' East and a chord distance of 82.15 feet to a point in the westerly line of
Lot 2 of said Pearcy/Christon Addition No. 1;
THENCE departing the southerly right—of—way line of University Drive with the westerly line of said Lot 2,
Pearcy/Christon Addition No. 1 South 01° 08' 26" West a distance of 593.84 feet to the southwesterly corner of
said Lot 2, Peprcy/Christon Addition No. t;
Continued next page...
SHEET 2 OF 8
Exhibit A to Rcsolution Crcating Rayzor Ranch PID ] Pa�,�e 2
1915.010\29486.1
Exhibit A
Legal Description of the Property
Continued...
THENCE departing the westerly line of said Lot 2, Pearcy/Christon Addition No. 1 with the southerly line of said
Lot 2, Pearcy/Christon Addition No. 1 Sou#h 89° 04' 34" East a distance of 691.50 feet to a point in the westerly
right—of—way line of Bonnie Brae Street (a variabie width right—of—way) as described in the instrument recorded in
Document Number 2008-96935, Deed Records of Denton County, Texqs;
THENCE with the westerly right—of—way line of Bonnie 8rae Street the following:
South 00° 53' 07" West a distance of 481.67 feet to a point for corner;
South 01° 03' 42" West a distance of 956.92 feet to n point for corner;
South 00° 59' 47" West a distance of 821.01 feet to a point in the easterly extension of the northerly line of
the tract of land described in Exhibit X of the instrument recorded in Document Number 2008-80692, Deed
Records of Denton County, Texas;
THENCE departing the westerly right—of—way line of Bonnie Brae Street with the easterly extension of and the
northerly line of the tract of land described in said Exhibit X North 89° 11' 09" West a distance of 297.98 feet to
the northwesterly corner of the tract of land described in said Exhibit X;
THENCE departing the northerly line of the tract of land described in said Exhibit X with the westerly line of the
tract of land described in said Exhibit X South 00° 48' S1" West a distance of 482.75 feet to the southwesterly
corner of the tract of land described in said Exhibit X;
THENCE depprting the westerly line of the tract of land described in said Exhibit X with the epsterly extension of
and the southerly line of the tract of land described in spid Exhibit X South 89° 11' 09" East a distance of
263.85 feet to a point in the westerly right—of—way line of Bonnie Brae Street in a non—tangent curve to the
right having a radius of 279.87 feet;
THENCE with the westerly right—of—way line of 8onnie Brae Street the following:
Southwesterly olonq said curve thraugh a central angle of 16° 58' 20" an arc distance of 82.90 feet with a
chord bearing ot South 37° 25' 10" West and a chord distance of 82.60 feet to the point of reverse curvature
of a curve to the left having a radius of 437.01 feet;
Southwesterly along sqid curve through a central angle of 56° 13' 56" an arc distance of 428.90 feet with a
chord bearing of South 17° 47' 22" West and a chord distance of 411.89 feet to the end of said curve;
South 39' 46' 07" West a distance of 25.02 feet to a point in the northerly right—of—way line of Scripture
Street (a variable width right—of—way);
THENCE departing the westerly ri9ht—of—way line of Bonnie Brae Street with the northerly right—of—way line of
Scripture Street North 88° 58' 00'" West a distance of 373.11 feet to the southeasterly corner of the tract of land
described in the deed to Cook Children's Health Care System recorded in Document Number 2008-116772, Deed
Records of Denton County, Texas also being Lot 2, Block 3, Rayzor Ranch South Conveyonce, according to the
Conveyance Plat recorded In Cabinet Y Page 690, Plat Records of Denton County, Texqs;
Continued next page...
SHEET 3 OF 8
Exhibit A to Resolution Creating Rayzor Ranch PID 1 ilge 3
I 915.010\29486. f
Exhibit A
Le�al Description of the Property
Continued...
THENCE departing the northerly right—of—way line of 5cripture Street with the easterly lines of said Cook Children's
Health Care System tract the following:
North 01 ° 04' 41 " East a distance of 469.52 feet to a point for corner;
North 88° 57' 19" West a distance of 270.25 feet to a point for corner;
North 01° 02' 41" East a distance of 266.87 feet to a point for corner;
North 06° 56' S2" West a distance of 192.19 feet to the most northerly northeast corner of said Cook
Children's Health Care System trdct;
THENCE departing the easterly lines of said Cook Children's Health Care System tract with the northerly lines of
said Cook Children's Health Care System tract the following:
South 83° 18' 21" West a distance of 349.09 feet to the point of curvoture of a curve to the right having a
radius of 1,032.50 feet;
Southwesterly along said curve through a central angle of 03° 02' 20"' an arc distance of 54.76 feet with a
chord bearing of South 84" 49' 31" West and a chord distance of 54.76 feet to the point of tangency of said
curve;
South 86° 20' 41" West q distqnce of 37.69 feet to the most northerly northwest corner of said Cook
Children's Health Care System tract:
THENCE departing the northerly line of said Cook Children's Health Care System tract with the westerly lines of
said Cook Children's Health Care System tract the following:
South 39° 41' S3" West a distance of 19.91 feet to a point for corner;
South O6° 5fi' 52" East a distance of 26.90 feet to p point of curvature of a curve to the right having a
radius of 693.00 feet;
Southeasterly along said curve through a central angle of 08° 01' 33" an arc distance of 97.07 feet with a
chord bearing of South 02° 56' 06" Enst and a chord distance of 96.99 feet to the point of tangency of said
curve;
South Ot° 04' 41" West a distance of 208.63 feet to a poin# for corner;
North 88° 55' 19" West a distance of 3.00 feet to o point for corner,
South 01° 04' 41" West a distance of 509.21 feet to a point for corner;
South 43° 55' 19" East a distance of 19.86 feet to a point in the northerly right—of—way line of Scripture
Street;
Continued next page...
SHEET 4 OF 8
Exhibit A to Resolution Creating Rayzor Ranch PID l i�a�Te 4
1915.0 I 0\29486.1
Exhibit A
Le�al Description of the PropertY
Continued...
THENCE departing the westerly lines of said Cook Children's Health Care System tract with the northerly
right—of—way line of Scripture Street North 88° 58' 00" West a distance of 109.20 feet to the southeasterly
corner of the tract of land described in the deed to Texas Oncology Properties, LLC recorded in Document Number
2D06-142313, Deed Records of Denton County, Texos;
THENCE departing the northerly ri9ht—of—woy line of Scripture Street with the easterly line of said Texas Oncology
Properties, LLC tract North 01° 02' 00' East p distance of 50C.06 feet to the northepsterly corner of said Texas
Oncology Properties, LLC tract;
THENCE departing the easterly line of said Texas Oncolo9Y Properties, LLC tract with the northerly line of said
Texas Oncology Properties, LLC tract and the northerly line of Lot 1, Block 1, Rehab Hospital, an addition to the
City of Denton according to the plat recorded in Cabinet X, Page 929, Plat Records of Denton County, Texas North
88° 58' 00" West a distance of 761.56 feet to a point in the easterly line of the tract of land described in the
deed to 3100 I-35 N, LLC recorded in Document Num6er 2011-109831, Oeed Records of Denton County, Texas for
the northwesterly corner ot said Lot 1, Block 1, Rehab Hospital;
THENCE departing the northerly line of said Lot 1, Block t, Rehab Hospital with the easterly line of said 3100 I-35
N, LLC tract North Ot° 02' 00" East a distance of 2.45 feet to a point in a non—tangent curve to the right
having a radius of 532.50 feet for the northeasterly corner of said 3100 I-35 N, LLC tract;
THENCE with the northerly lines of said 3100 I-35 N, LLC tract the following:
Southwesterly along said curve through a central angle of 03° 15' 22" an arc distance of 30.26 feet with a
chord bearing ot South 67° 48' 19" West and a chord distance of 30.26 feet to the end of said curve;
South 14° 43' 28" East a distance of 6.13 feet to a point in a non—tangent curve to the right having a
radius of 638.00 feet;
Southwesterly along said curve through a central angle of 05° 40' 50" qn arc distance of 63.25 feet with a
chord bearing of South 72° 26' 08" West and a chord distance of 63.23 feet to the point of tangency of said
curve;
5outh 75° 16' 32" West a distance of 369.19 feet to a point for corner;
South 30` 37' S4" West a distance of 42.69 feet to a point in the easterly right—of—way line of Interstate
Highway 35 for the northwesterly corner of said 3100 I-35 N, LLC tract;
THENCE departing the northerly lines of said 3100 I-35 N, LLC tract with the easterly right—of—way line of
Interstate Highway 35 the following:
North 16° 24' 00" West n distance of 3190.03 feet to a point for corner;
North 14° 5d 06" East a distance of 171.01 feet to a point for corner;
North 46` 04' 12" East a distance of 303.95 feet to a point for corner;
North 60° 32' 22" East a distance of 68.86 feet to the POINT OF BEGINNING;
Continued next page...
Exhibit A to Resolution Creating Rayzor Ranch PID I Page 5
SHEET 5 OF 8
1915.0 I 0\29486.1
Exhibit A
Legal Description of the Property
Continued,..
CONTAINING p computed qross area of 231,693 acres (10,092,547 squqre feet) of Ipnd. SAVE AND EXCEPT the
following described tract.
BEING a 2.000 acre tract of land situated in the B.B.B, & C. R,R. Survey, Abstract Number 192, Denton County,
Texas, in the City of Denton. Being all of the tract of land described in the deed to the City of Denton recorded
in Document Number 2010-32727, Deed Records of Dentan County, Texps, said 2.000 acre tract of land being
more particularly described as follows:
COMMENCING at the northwesterly corner of right—of—way for Bonnie 8rae Street as described in the instrument
recorded in Document Number 2008-96935, Deed Records of Denton County, Texas;
THENCE with the westerly right—of—way line of Bonnie Brae Street South OQ° 53' 07" West a distance of 45.00
feet to p point for corner;
THENCE departing the westerly right—of—way line of Bonnie Brae Street North 89° 04' 34" West a distance of
58.75 feet to the POINT OF BEGINNING;
TNENCE South 00° 53' 07" West a distance of 295.16 feet to a point for corner;
THENCE North 89° 04' 34" West a distance of 295.16 feet to a point for corner;
THENCE North 00° 53' 07" East a distance of 295.16 feet to a point for corner;
THENCE South 89° 04' 34" East a distance of 295.16 feet to the POINT OF BEGINNING;
CONTAINING a computed area of 2.000 acres (87,119 square feet) of Ipnd. LEA�ING a net computed area of
229.693 acres (10,005,428 square feet) of land.
Exhibit A to Resolution Creating Ray�or Ranch PIU I P�1�Te 6
1915.0 I 0\29486. I
Exhibit B
Depiction of the Property
WEST UNIVERSITY DRIVE/U.S. 380 �, Q
(VARIABLE IYIDiH RIGHT-OF-W41� F._, ? �
DOCLMENT NUMBER U U
[010-69548 � W d
��yti L7 C1 L2 C2 LJ �5 L) C3 C4 L9 C5 UO CC7 U3 �15 L17 CB . . Z�_ � UyC
L4 � L6 lB U 1 Z d i � � W
�72 L14� L15 �� Z w, U
POINT OF BEGINNING 3 m� __ o Q
OVERALL � � ° �
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/ 589'04'34"E L33 �
DB DENTON II, LLC. LOT 3 691.50' � L38 a a
DOCUMENT NUAABER PEARCY/CHRISTON ,�
2010-74478 4DDITIUN N0. 1 � L'S -' 3
CABINEf B, FAGE 34
LOT ', BLOCK 5 � °
RAYZOR RANCH SOUTH � �
CONVEYnNCE °
DOCUMENT NUMBER SAVE AND EXCEPi TRACT �
2010-119 ?.000 ACRES
(87,119 SOUARE FEEf)
' LOT t, 9LOCK 2 �
rn
RAYZGR RANCH SOUTH �
' CONVEYPNCE PLAT o,
CARINET Y, SL1DE 470
3
GTY OF DENTON `�v
COCU�fE�T NUMBER a
o, 2010-32727 p
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� (p GROSS ACRES 231 .693 (10,092,547 SQUARE FEET) � � � w �,
��` —SAVE AND EXCEPT ACRES 2.000 (87,1 19 SOUARE FEET) 3 m 3� �
� ^ p �'�"� W � N
�(f� NET ACRES 229.693 (10,005.428 SaUARE FEET) Z¢°
S G� BLOCK 1 EkHIBR X N O q
L21 UOCUMEAT NUMeER N89'11'09'W m�
�� S CONVEYANCE PLqT 2008-fi0697 297,gg'
Q� R A V Z O R R A N C H S O U i H �2� ��� � 2 0 �
�� CABINET Y, SLIDE 470 L23 °' 3
� � C12 J ,� �
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� Ct3 a a i� a
�8 N88'S8'00"W L25 � Q � N �
C?4 � 761.56' N88'57'19"W
Z 270.2 �
S157632^W DENTON MED, LP � w 3 LOT Z ELOCK 3 S89'11'09"EJ GA
'� 369 �g DOCIJMEM �:- RAV20R RANCH W 263.85'
g � SOt,TH
� �0 ��� 2007 M108635 ,� P o° °� CONVEI'ANCE a m O
o� p iO CABINEf Y, °�n u
� ,` , z �^ SL1UE 690 Z�r
L26
�. r �� N88'S8'00"W �0
LOT 1, BLOCK 4 373.71'
aAYZCONVErnNCE�"TM SCRIPTURE STREET
('JARI.4BLE �ND1H RIGHT-CF-WAY)
3100 I-35N, LLC. COOKS CHILDP.EN'S
�OCUMENT NUMBE? TExaS OvCOLOCV HE4LTH CaRE SrSTEr�1
2U11-109831 PROPERTlES, LL:.. pOCUMENT NUMBER
OOCJNENT NUMBER 2008-116772
2006-1423t5
Exhibit B to Rcsolution Creating Itayzor Ranch PID 1 Pa�Te 1
I 9 I S.Q 10\29485. I
Line Table
Line gearing Distance
Number
L1 S88'51'08"E 233.78'
L2 587'O1'32"E 75.84'
L3 S88'S1'OS"E 135.55'
L4 543'S1'08"E 42.43'
L5 N85'26' 1 4"E 1 10.55'
L6 N46'08'52"E 42.43'
L7 588'S1'08"E 156.45'
L8 S82'34'33"E 78.68'
L9 S88'S1'08"E 248.29'
UO N84'31'22"E 125.28'
U 1 N89'27� 1 1"E 26.81'
L12 S84'i6'71"E 78.67'
U 3 N89'27' 1 1"E 290.19'
L14 S44'4`'S9"E 41.80'
L15 N83'45'42"E 110.92'
L16 N45' 18'01 "E 43.05'
L17 N89'27'11"E 217.23'
L18 S39'46'07"W 25.02'
L19 N06'S6'52"W 192.19'
L20 S83' 18'21 "W 349.09'
L21 S86'20'41 "W 37.69'
L22 S39'41'S3"W � 19.91'
L23 506'S6'S2"E 26.9C'
L24 S01'04'41 "W 208.63'
L25 N88'S5'19"W 3AC'
L26 S43'S5'19°E 19.86'
L27 N88'S8'00"W 109.20'
L28 N01'02'00"E 2.45'
L29 S14'43'28"E 6.13'
L30 S30'37'S4"W 42.69'
L31 N46'04'12"E 303.95'
L32 N60'32'22"E 68.86'
L33 S89'04�34"E 295.16'
L34 S00'S3'07"W 295.16'
L35 N89'04'34"W 295.16'
L36 N00'53'07"E 295.16'
L37 S00'53'07"W 45.00'
L38 N89'04'34"W 58.75'
Exhibit B
Depiction of the Property
Curve Table
Curve Central Radius Arc Chord Bearing
Number Angle Length and Distance
Ci 1'49'37" 4950.00' 157.83' S87'56'20"E 157.83'
C2 1'49'36° 5050.00' 161.01' S87'56'20"E 161.00'
C3 6'16'36" 185.OQ' 20.27' S85'42'S0"E 20.26'
C4 6'16'36° 215.00' 23.55' S85'42'50"E 23.54'
C5 1'10'25" 5050.11' 103.44' S89'24'27"E 103.44'
C6 6'16'38" 185.00' 20.27' S87'24'30"E 20.26'
C7 6'16'38" 215.00' 23.56' S87'24'30"E 23.54'
C8 0'S6'S5" 4961.00' 82.15' N89'S5'38"E 82.15'
C9 16'S8'20" 279.87' 82.90' S37'25'10"W 82.60'
C10 56'13'S6" 437.01' 428.90' S17'47'22"W 411.89'
C11 3'02'20" 1032.50' S4J6' S84'49'31 "W 54J6'
C12 8'01'33" 693.00' 97.07' S02'S6'D6"E 96.99'
C13 3'15'22" 532.50' 30.26' S67'48'19"W 30.26'
C14 5'40'S0" 638.00' 63.25' S72'26'OS"W 63.23'
Exhibit B to Rcsolution Crcating Rayzor Ranch PID 1 ilge 2
I 915.010\29486. I
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DIVISION: Planning and Development
ACM: John Cabrales, Jr. ��
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
amending Subchapter 35.5.73 of the Denton Development Code, "General Regulations", to
change the Maximum Floor Area Ratio in the Industrial Center General zoning district from 0.4
to 2.0. in the City of Denton, Denton County, Texas, providing for a penalty in the maximum
amount of $2,000.00 for violations thereof, severability and an effective date. (DCA14-0002,
Michele Berry, Floor Area ratio in Industrial Center General)
BACKGROUND
In 2002, the current Denton Development Code was adopted. This code implemented a
maximum Floor Area Ratio (FAR) of 0.4 for development within the Industrial Center General
(IC-G) zoning district. Since 2002, staff has observed that this standard is a barrier to
development within the IC-G zoning district. Furthermore, staff conducted research and found
this standard to be much stricter than comparable zoning districts in surrounding cities. Staff
proposes to amend the maximum FAR for the IC-G zoning district from 0.4 to 2.0.
OPTIONS
l. Approve as submitted
2. Approve subj ect to conditions
3. Deny
4. Postpone consideration
5. Table item
RECOMMENDATION
The Planning and Zoning Commission recommends APPROVAL (7-0) of DCA14-0002.
The Development Review Committee recommends APPROVAL of DCA14-0002.
PRIOR ACTION/REVIEW
1. February S, 2014. Planning and Zoning Work Session Discussion DCA14-0002
2. April 9, 2014. Planning and Zoning Commission Public Hearing and Recommendation
Agenda Information Sheet
May 6, 2014
Page 2 of 2
EXHIBITS
1. Staff Analysis
2. Map of IC-G Zoned Areas
3. Photos of Properties in IC-G Zoning
4. April 9, 2014, Planning and Zoning Commission Meeting Minutes
5. Ordinance
Prepared by:
�
Michele Berry
Assistant Planner
Respectfully submitted:
{�
�% w
t a� � '� .-m-,
�r' ��'�;��r�°�
� � r
Brian Lockley, AICP, CPM
Planning and Development Director
Exhibit 1
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: April 9, 2014 TYPE: Code Amendment
CC Date: May 6, 2014 PROJECT #: DCA14-0002
Project Number: DCA14-0002
Request: Amending Subchapter 35.5.73 of the Denton Development Code,
"General Regulations", to change the Maximum Floor Area Ratio
in the Industrial Center General zoning district from 0.4 to 2.0.
Applicant:
Owner:
Location:
Size:
Case Planner:
DRC Recommendation:
DCA 14-0002.
City of Denton
Not Applicable
Not Applicable
Not Applicable
Michele Berry
The Development Review Committee recommends approval of
Summary of Analysis:
Per Section 3523.2 of the Denton Development Code (DDC), FAR is defined as "The ratio
which is the result of dividing the total floor area of a structure by the area of the lot on which it
is located." For example, a structure with a floor area of 20,000 square feet, located on a lot of
40,000 square feet has a floor area ratio (FAR) of 0.5. FAR can be presented as a ratio, for
example 2:1, or as a decimal, for example 0.5.
The DDC currently allows a maximum FAR of 0.4 in the Industrial Center General (IC-G)
zoning district. FAR only regulates total building square footage in relation to total square
footage of the property. FAR does not regulate lot coverage, setbacks, or building height.
However, FAR can greatly influence the total building square footage allowed on a property.
See diagram below:
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Figure 1: American Planning Association Illustration of FAR
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Since adoption of the DDC in 2002, staff has observed the maximum 0.4 FAR in the IC-G
zoning district has impeded development in the zoning district. Several attempts by property
owners to develop in the IC-G zoning district have been unsuccessful because of the FAR
limitation. Currently, the IC-G district allows maximum lot coverage of 90 percent, which
allows intense development of land as is appropriate for industrial uses. Thus, the 0.4 maximum
FAR becomes the limiting factor for building area. Historically, the City has allowed a higher
FAR in Industrial Zoning Districts; prior to 2002 the FAR in the Industrial Zoning District was
2:1, allowing building floor area to be two times the lot area.
The table below shows the maximum FAR, lot coverage and building heights for all zoning
districts in the City of Denton, except neighborhood residential districts. As shown in the table,
the FAR for IC-G zoning district is most comparable with FAR for downtown residential and
rural commercial zoning districts.
FAR for Ci of Denton Zonin Districts
Zoning District Max Max Lot Max
FAR Coverage Building
Hei ht
Rural District-5 020 15% 65
Rural Commercial 0.50 35% 65
Downtown Residential - 1 0.50 60% 40
Downtown Residential - 2 0.75 75% 45
Downtown Commercial - Nei hborhood 1.5 80% 100 L 33
Downtown Commercial - General 3.0 85% 100 L 33
Communit Mixed-Use - General 1.5 80% 65
Communit Mixed-Use - Em lo ment 0.75 85% 65
Re ional Center Residential - 1 0.50 55% 40
Re ional Center Residential - 2 0.75 75% 50
Regional Center Commercial- 1.5 85% 65
Nei hborhood
Regional Center Commercial — 3.0 90% 100
Downtown
Em lo ment Center - Commercial 1.50 80% 110
Em lo ment Center - Industrial 0.75 85% 65
Industrial Center — Em lo ment 0.75 80% 100
Industrial Center - General 0.40 90% 140
In addition to reviewing for consistency with other zoning districts and other IC-G standards
within the DDC, staff has reviewed surrounding cities' FAR requirements for comparable zoning
districts. Most of the surrounding cities in the Dallas-Fort Worth area require a 1:l FAR for their
most intense industrial or manufacturing zoning district. Several of the cities do not use FAR to
regulate size or total square footage of structures in their industrial zoning district. These cities
rely on building height, lot coverage, and/or setback regulations to determine allowable size or
total square footage for structures in industrial zoning districts. The table below shows
information on surrounding cities' FAR requirements in comparable industrial or manufacturing
zoning districts.
Cit Code Com arison of FAR for Industrial Zonin Classifications
City District FAR Lot Pervious/ Building Height
covera e Landsca ed
Denton Industrial Center 0.40 90% 10% 140ft
— General IC-G
Frisco Industrial n/a 80% unclear n/a
Flower Mound Industrial District 1:l 50%* unclear 35ft
2 I-2
Lewisville Heavy Industrial n/a n/a 10 foot Width of street plus
District (HI) landscape front yard
strip and
percent of
arkin area
McKinney Heavy l:l 50%* 10% n/a
Manufacturing
District HM
Allen Heavy Industrial l:l n/a 10% 45ft
District HI
Mes uite Industrial I n/a 90% 10% 75
Carrollton Heavy Industrial 4:1 65%* 5% 75
HI
Gainesville Industrial District n/a 80%* 15% 45
I
*Lot covera e onl accounts or buildin s and structure oot rints, not all im ervious sur aces.
Staff's review of existing development in Denton's IC-G zoning districts shows most properties
in the district are undeveloped or underdeveloped. Of the developed properties in the IC-G
zoning district, most conform to the current FAR standard. Developed properties in IC-G zoning
are primarily warehouses and a few have a significant amount of outdoor storage space.
Examples of such development are the Acme Brick Company located south of I-35E and east of
Fort Worth Drive, the City landfill and waste-water treatment site, Tetra Pak and Peterbilt
located off Airport road, and smaller warehouse properties located off Shelby Lane. It should be
noted, the average FAR for smaller warehouses off Shelby land is about 0.26.
Permitted uses in the IC-G zoning district are outlined in Section 35.5.7.2 of the DDC and shown
below:
•, , .�
Agriculture P
Livestock L(7)
Single Family Dwellings N
Accessory Dwelling Units N
Attached Single Family Dwellings N
Dwellings Above Businesses N
Live/WorkUnits N
Duplexes N
Community Homes For the Disabled N
Group Homes N
Multi-Family Dwellings N
Fraternity or Sorority House N
Dormitory N
Manufactured Housing Developments N
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Home Occupation N
Sale of Products Grown on Site N
Hotels N
Motels N
Bed and Breakfast N
Retail Sales and Service L(18)
Movie Theaters N
Restaurant or Private Club L(22)
Drive-through Facility L(14)
Professional Services and Offices N
Quick Vehicle Servicing N
Vehicle Repair N
Auto and RV Sales N
Laundry Facilities N
Equestrian Facilities N
Outdoor Recreation N
Indoor Recreation N
Major Event Entertainment N
Commercial Parking Lots N
Administrative or Research Facilities N
Broadcasting ofProduction Studio N
Sexually Oriented Business SUP/L(32)
Temporary Uses L(38)
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Printing / Publishing L(25)
Bakeries P
Manufacture of Non-odoriferous Foods P
Feed Lots N
Food Processing P
Light Manufacturing P
Heavy Manufacturing SUP
Wholesale Sales P
Wholesale Nurseries P
Distribution Center/Warehouse, General P
Warehouse, Retail SUP
Self-service Storage P
Construction Materials Sales P
Junk Yards and Auto Wrecking SUP
Wrecker Services and Impound Lots L(29)
Kennels N
Veterinary Clinics N
Sanitary Landfills, Commercial Incinerators, S�
Transfer Stations
Gas Wells L(27)
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Basic Utilities P
Community Service P
Parks and Open Space P
Churches P
Semi-public, Halls, Clubs, and Lodges P
Business / Trade School P
Adult or Child Day Care N
Kindergarten, Elementary School N
Middle School N
High School N
Colleges N
Conference/Convention Center N
Hospital N
Elderly Housing N
Medical Centers N
Cemeteries N
Mortuaries N
WECS (Free-standing Monopole Support S�
Structure)
WECS (Building-mounted) SUP
L(7) Liinited to two (2) aniinals on parcels one (1) to three (3) acres in size. Additional aniinals inay be added at a
rate of one (1) per each acre over three (3).
L(14) Uses are lunited to no inore than ten thousand (10,000) square feet of gross floor area
L(18) Uses are pennitted only in association with Gas Stations and are lunited to no inore than five thousand
(5,000) square feet of gross floor area except adjacent to I-35 then uses are liinited to ten thousand (10,000)
square feet of gross floor area.
L(22) Uses are pennitted only in association with Gas Stations and are liinited to no inore than twenty-five (25)
seats except adjacent to I-35 then the nuinber of seats is liinited to fifty (50).
L(25) If proposed use is within two hundred (200) feet of a residential zone, approval is subject to a Specific Use
Pennit.
L(27) Must coinply with the provisions of Subchapter 22, Gas Well Drilling and Production.
L(29) Wrecker Services and I�npound Lots inust coinply with the following provisions:
1. The subject lot shall coinply with the provisions of the Texas Adininistrative Code, regarding Vehicle
Storage Facilities.
2. Lot Screening: All stored vehicles shall be opaquely screened froin all rights-of-way and residential
uses and zoning districts.
3. Parking and vehicle storage areas associated with wrecker services and iinpound lots activities are not
allowed within undeveloped floodplain, water-related habitat, and riparian buffer environinentally
sensitive areas (ESA).
4. Best inanageinent practices addressing stonnwater quality inust be iinpleinented and inaintained on
site. Manageinent practices inust attain the pollutant reinoval capabilities recoimnended for parking
areas in the Integrated Stonn Water Manageinent (ISWM) Manual, as published by the North Central
Texas Council of Governinents, or sunilar practices consistent with low iinpact development (LID)
approaches.
L(32) Not allowed to locate adjacent to an arterial and within one thousand (1,000) feet as ineasured from the
nearest property line of a sexually oriented business to the nearest property line of any other sexually
oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public
open space.
L(38) Must ineet the requireinents of Section 3512.9.
Of the permitted uses, those that most commonly build or locate in multi-story buildings are
Semi-Public, Halls, Clubs, and Lodges, Business/Trade School, Self-service Storage, and
Professional Services and Offices. To accommodate these uses and allow increased flexibility,
staff proposes adopting the previous FAR of 2.0 allowed in industrial zoning districts.
There are concerns with environmental quality and intensity of development. The proposed
increase in FAR is likely to result in more intense development in the IC-G zoning district than
previously allowed. To mitigate for this likely increase in intensity of development, staff
initially considered reducing the maximum lot coverage allowed in the IC-G zoning district from
90 to 80 percent and correspondingly increasing the minimum landscaped area from 10 to 20
percent. However, this change would also make a several existing properties legally non-
conforming, which can make the properties more difficult to re-use and redevelop. In addition,
the review of surrounding cities' development regulations showed 10 percent open space as the
standard requirement for developing in the most intense industrial or manufacturing district.
Based on this information, Staff has determined the current maximum lot coverage of 90 percent
should not change.
Per section 353.4 of the DDC a code amendment shall follow the Zoning Amendment
Procedure. The criteria for approval are listed in Subchapter 35.3.4.B of the DDC;
1. A complete application and fee is submitted
2. Applications may be approved when the following standards are met:
a. The proposed rezoning conforms to the Future Land Use Element of the Denton
Plan
b. The propose Specific Use Permit meets the criteria set forth in Subchapter 6, and
conforms to the purpose and intent of The Denton Plan
c.
�
The proposed rezoning of Specific Use Permit facilitates the adequate provision
of transportation, water, sewers, schools, parks, other public requirements and
public convenience
The proposed Special Exception (or expansion) to the zoning regulations is
appropriate based on the character and use of adjoining buildings and those in the
vicinity, the number of persons residing or working in such building or upon such
land, traffic conditions in the vicinity, and conformance of such area to the
Zoning Map and The Denton Plan. In granting a special exception the Board may
designate conditions that, in its opinion, will secure substantially the purpose and
intent of this subchapter. A special exception shall be granted upon a finding that:
i. The exception is in harmony with this Subchapter;
ii. The public welfare and convenience are substantially served;
iii. Neighboring property is not substantially injured;
iv. The exception will not alter essential character of the district and
immediate neighborhood; and
v. The exception will not weaken the general purposes of this subchapter
Staff's analysis of the key concepts required by the DDC for approval are summarized below
• Conformance with The Denton Plan;
Areas zoned IC-G are located in the Industrial Centers Future Land Use category of The
Denton Plan. Per The Denton Plan, `7ndustrial Centers are intended to provide
locations for a variety of work processes and work places such as manufacturing,
warehousing and distributing, indoor and outdoor storage, and a wide range of
commercial and industrial operations. The industrial centers may also accommodate
complementary and supporting uses such as convenience shopping and child-care
centers. There will most likely be instances where residential uses will be incompatible
with industrial and manufacturing processes used in industrial centers. Adequate public
facilities shall be a criterion by which zoning is granted. "
Staff finds this request is in conformance with The Denton Plan. Allowing a higher FAR
in the industrial zoning district will help facilitate development such as distribution
centers, offices, and large warehouses that require large square footage.
• Internal compatibility within the DDC;
It is staff's determination that the proposed Code amendment will increase compatibility
within the DDC. Per the DDC, the IC-G district allows the most intense type of
development, except with regards to FAR. Increasing the allowed FAR will allow the
more intense development desired in the IC-G zoning district.
• Adequate public facilities;
While an increase in FAR may increase the intensity of use and demand for public
utilities, it would be comparable with what is generally anticipated with industrial
developments. In addition, public facilities are reviewed at the time of site development.
If services are not su�cient for a user, they are generally responsible for extending the
needed services as part of development.
• The public welfare;
Staff does not anticipate any adverse effects on the public welfare. The proposed change
will enable more intense industrial development in areas already zoned for industrial
uses. There are already screening requirements to protect adjacent residential uses in
the DDC. These standards will continue to be enforced.
• Impacts to surrounding properties;
A map of areas currently zoned IC-G is attached as Exhibit 2. These areas would be the
directly impacted by the proposed change to the DDC. However a FAR of 2.0 will not
increase the ma�imum building height or allow additional uses. Building height and uses
are generally the issues of concern to most neighborhoods.
• Impacts to the natural environment; and
All development will have some impact on the natural environment; however, staff does
not anticipate that this change will significantly increase adverse impacts above what
would be expected under current regulations. No change is proposed to the ma�imum lot
coverage, however there is potential for an effective increase in lot coverage as the
building may have a larger fZoor area. This concern is partially mitigated through
requirements for industrial pre-treatment of wastewater and, if applicable,
Environmentally Sensitive Area restrictions.
• Altering the existing character of the area;
Changing the FAR to 2.0 and leaving lot coverage at 90 percent would not create any
new non-conformities or increase any existing non-conformities. Images of development
in these industrial areas in included as Exhibit 3.
Exhibit 2 Map of IC-G 2oned Areas ��
Industrial Center - General Zoned Areas
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Exhibit 3
Photos of Properties in IC-G Zoning
Exhibit 4
April 9, 2014, Planning and Zoning Commission Meeting Minutes
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Lockley stated this is a follow-up to the W ork Session that was held on February 5, 2014. Berry
stated the Floor Area Ratio (FAR) is the building's square footage to the lot's square footage.
The FAR does not regulate building height, setb ack or lot coverage. The FAR can be presented
as a decimal or a ratio. In 2002, the current De nton Development Code (DDC) was adopted. The
FAR was changed from 2:1 to 0.4 in the Industrial Center — General (IC-G) zoning district. Staff
has observed that this F AR presents a barrier to development within this zoning district. Berry
stated based on a conversation with this Comm ission on February 5, 2014, and addition al
research staff proposes to increase the FAR in th e IC- G zoning district to 2.0, and to m aintain
the e�sting maximum lot cov erage of 90 percent. The o ptions are to eith er direct staff to
continue with the proposed Code A mendment, or to recomm end changes to the proposed Code
Amendment to City Council.
Strange questioned how the 90 pe rcent coverage is calculated. Be rry stated th e parking lot,
sidewalks, and buildings are all counted towards the lot coverage. Strange questioned when that
changed; Lockley stated with the DDC in 2002. Sc haake questioned if there has been feedback
from the developers; Berry stated yes, most in general are in favor of this amendment. Lockley
added he has spoken with several developers. Those developers have contacted staff in regards to
issues and lim itations within th is zoning dis trict. Lockley added the th ree individuals he has
spoken with were in favor of this request and would like to see it move forward.
Conner questioned during the February 5, 2014, that there was discussion in regards to building
height. Berry stated the building height isn't regulated by the FAR. Taylor stated the discussion
held was in regards to eight to ten story buildings. The current height is the m aximum height
allowed. Conner acknowledged; Lockley confirmed.
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Lockley introduced Berry. Berry stated this item was heard as W ork Session item as well. Berry
stated the Floor Area Ratio (FAR) is the building's square footage to the lot's square footage.
The FAR does not regulate building height, setb ack or lot coverage. The FAR can be presented
as a decimal or a ratio. In 2002, the current De nton Development Code (DDC) was adopted. The
FAR was changed from 2:1 to 0.4 in the Industrial Center — General (IC-G) zoning district. Staff
has observed that this FAR presents a barrier to development within this zoning district.
Berry stated based on a conversation with this Commission on February 5, 2014, and additional
research staff proposes to increase the FAR in th e IC- G zoning district to 2.0, and to m aintain
the e�sting maximum lot cov erage of 90 per cent. The o ptions are to eith er direct staff to
continue with the proposed Code A mendment, or to recomm end changes to the proposed Code
Amendment to City Council. Schaake opened the Public Hearing.
Lee Allison, Allison Engineering Group, 4401 Interstate 35 #102, Denton, Texas
Allison stated he didn't wish to speak on this item; however, he is in favor of this request and has
dealt with a lot of proj ects that this request relates to.
There was no one else to speak on this item. Schaake closed the Public Hearing.
Commissioner Frank Conner m otioned, Commissioner Jim Strange seconded to approve this
request. Motion approved (7-0).
Exhibit 5
Ordinance
\\codad\users\106681\documents\industriai far ddc amendment ordinance.docx
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTER
35.5.7.3 OF THE DENTON DEVELOPMENT CODE, "GENERAL REGULATIONS", TO
CHANGE THE MAXIMUM FLOOR AREA RATIO IN THE INDUSTRIAL CENTER —
GENERAL ZONING DISTRICT FROM 0.4 TO 2.0, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Denton has recognized that the existing Floor Area Ration
(FAR) of 0.4 for the Industrial Center — General (IC-G) zoning district, as it appears in
Subsection 35.22.5.7.3 of the Denton Development Code ("DDC"), is substantially lower than
the FAR for less intense zoning districts; and
WHEREAS, after providing notice and conducting a public hearing on April 9, 2014 as
required by law, the Planning and Zoning Commission recommended approval of the
amendment to Subsection 35.22.5.7.3 of the DDC by a vote of 7-0; and
WHEREAS, after providing notice and conducting a public hearing on May 6, 2014 as
required by law, the City Council finds that the change is consistent with the Denton Plan and the
criteria in the DDC; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The iindings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. The Maximum Floor Area Ratio in the Industrial Center — General zoning
district as it appears in Subsection 35.22.5.7.3, is hereby changed from 0.4 to 2.0.
SECTION 3. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. 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 5. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
.'
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
f� r. r/
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BY:
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PAGE 2
AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DEPARTMENT: Planning and Development
ACM: John Cabrales, Jr. � �
SUBJECT — 514-0002 (Hickory Creek Detention Facility)
Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit
(SUP) to allow construction of a wet weather pump station and detention facility use on a
property located in a Neighborhood Residential (NR-2) zoning and use district on approximately
65.94 acres. The subject property is generally located west of Country Club Road and KCS
Railroad, east of Fort Worth Drive, and south of the Bent Creek Estate Residential Subdivision;
and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof,
severability and an effective date. (514-0002) The Planning and Zoning Commission
recommended approval of this request (7-0).
BACKGROUND
The applicant (City of Denton Wastewater Department) is requesting approval of a Specific Use
Permit (SUP) to design and construct a wet weather pump station and detention facility (Hickory
Creek Detention Facility) on the subject property. The subject site is currently zoned NR-2. The
use is considered as a`Basic Utilities" land use. Per Section 35.52.2 of the Denton
Development Code (DDC), approval of a Specific Use Permit (SUP) is required for development
of Basic Utilities proposed within 200 feet of a residential zone. The northern and eastern
boundary of the property abuts a neighborhood residential2 (NR-2) zoning district.
Presently, the site is vacant. The Wastewater Department has entered into an agreement with the
property owners to purchase the land on both sides of the KCS Railroad tracks that totals 100.83
acres on four separate parcels. The proposed use for the Hickory Creek Detention Facility will be
limited to the 2 parcels on the west side of the railroad tracks which amounts to 65.94 acres, of
which 253 acres is in the floodplain leaving 34.6 of useable acres.
The need to construct the Hickory Creek Detention Facility is demonstrated by the flow data in
the Hickory Creek Interceptor. Based on flow metering data, during storm events of one year or
greater the Interceptor surcharges. In addition, the water level rises in the manholes to the point
where it is close to the rim in one manhole during a five-year storm event. As such, capacity
enhancements need to be made to accommodate the peak wet weather wastewater flows.
The wastewater collection system computer model was used to determine the best option to
provide the additional wastewater handling capacity in the Hickory Creek Basin. A comparative
Agenda Information Sheet
May 6, 2014
Page 2
analysis was performed between a standard pumping station with force main, and a pumping
station with a detention facility options (See exhibit 5). Exhibit 5 shows the location of the
different options and the related costs. The results of the analysis showed that the detention
facility option is significantly cheaper in initial capital cost as well as continuing operational
costs.
It is a Texas Commission on Environmental Quality (TCEQ) permit requirement for the
Wastewater Department to convey all flows to a wastewater treatment plant without overflows in
the collection system. The need for the proj ect is evident from the flow metering data. The
analysis of the different options clearly indicates that the construction of the Hickory Creek
Detention Facility option at the proposed site is the optimal solution based on capital as well as
operational costs. In addition, the location of the detention facility is in a remote location. It is
bounded by a railroad track on the east, floodplains and trees on the west, by significant cluster
of trees on the north, and is at the lowest possible elevation above the floodplain. The tank is not
visible from Country Club Road, Fort Worth Drive, or the Bent Creek Estate Residential
Subdivision. Also, the land being used is not suitable for residential or commercial development
due to access issues.
Notifications:
The subject site is part of a larger 100-acre property being purchased by the City of Denton. The
proposed SUP boundary encompasses only 65.94 acres of the larger property. Staff sent notices
to property owners within 200 and 500 feet of the 100—acre site, instead of limiting the
notifications to only property owners within 200 and 500 boundary of the 65.94-acre SUP
boundary (see Exhibit 6). For the purposes of determining if more than 20% of property owners
within 200 feet boundary of the SUP are in opposition to require a supermajority vote of the City
Council, only responses of those located within the SUP boundary are used for this
determination. As of writing this report, staff has received two responses in opposition to the
request from property owners within 200 feet of the 65.94 acre site (see Exhibit 7). Responses
received from property owners located outside the 200 feet of the SUP boundary is attached (see
Exhibit 7).
Overall, seventy-seven (77) public notices were sent to property owners within 200 feet of the
100-acre site, instead of nineteen (19) of those within the SUP boundary (see Exhibit 6). In
addition, one hundred and forty-seven (147) courtesy notices were also sent to residents within
five hundred (500) feet of the 100-acre site, instead of forty-nine (49) within the SUP boundary
(see Exhibit 6 & 7).
OPTIONS
l. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
Agenda Information Sheet
May 6, 2014
Page 3
RECOMMENDATION
The Planning and Zoning Commission recommends APPROVAL of this request subject to a
condition (7-0).
The Development Review Committee recommends approval of the Specific Use Permit subject
to a condition:
l. Any disturbed Environmental Sensitive Areas (ESAs) must be stabilized by re-
vegetating using native plants and the soil restored to pre-development contours. The
vegetation must achieve a cover that is at least 70 percent of the native vegetative
cover to be considered stabilized.
PRIOR ACTION/REVIEW
At the April 9, 2014, meeting, the Planning and Zoning Commission recommended approval
subject to a condition.
EXHIBITS
1. Staff Analysis
2. Site Location/Aerial Map
3. Zoning Map
4. Future Land Use Map
5. Letter From Applicant
6. Notification Map (100-acre site)
7. Notification Map (65.94 SUP boundary)
8. Site Plan
9. Site Photos
10. ESA Map
11. April 9, 2014, P&Z Meeting Minutes (Draft)
12. Ordinance
Prepared by:
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Nana Appiah, AICP
Planning Supervisor
Respectfully submitted:
.
P. S. Arora, P.E.
Assistant Director Wastewater
Exhibit 1
Staff Analysis
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: April 9, 2014 TYPE: Specific Use Permit
CC Date: May 6, 2014 PROJECT #: 514-0002
Project Number: 514-0002
Request: Consider making a recommendation to City Council regarding a
Specific Use Permit (SUP) to allow construction of a wet weather
pump station and detention facility use.
Applicant:
Property Owner:
City of Denton Wastewater Department
Paul-Emile and Benjamin Parker Baudouin
Connie Morris Altemus and Barbara Gates Laughlin
Denton, Texas
Location: The subject property is generally located west of Country Club
Road and KCS Railroad, east of Fort Worth Drive, and south of the
Bent Creek Estate Residential Subdivision.
Size:
Zoning Designation:
Future Land Use:
Case Planner:
DRC Recommendation:
65.94 acres �
Neighborhood Residential2 (NR-2)
Neighborhood Center
Nana Appiah, AICP
The Development Review Committee (DRC) recommends
approval of the Specific Use Permit, with conditions.
Summary of Analysis:
In accordance with Sections 35.5.22 and 35.5.8 of the Denton Development Code (DDC), Basic
Utilities is permitted in the NR-2 zoning district with a Specific Use Permit (SUP) if the
proposed use is within 200 feet of residential zone. The subject property abuts a Neighborhood
Residential Zoning District (NR-2) to the north and east.
The site plan (see Exhibit 7) demonstrates operation of the detention facility. Two tanks are
proposed to be constructed on the property. These tanks will hold overflow of wastewater
drainage during surcharges. According to the applicant, the tanks will be enclosed and unlikely
to produce unpleasant odor.
Pursuant to Section 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms (or
can be made to conform through the imposition of conditions) to the standards established in the
NR-2 zoning district for development of a Basic Utility use. This Section of the DDC also
provides standards by which an SUP is granted. Below are staff's analyses of these standards:
B. A specific permit shall be issued only if all of the following conditions have been met:
l. 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;
Granting this SUP to allow development of a wet water detention facility will not be
injurious to the use and enjoyment of other property within the vicinity of the site. This
proposed development will not generate noise beyond current noise levels on the
property. Occasional operation and maintenance work on the proposed facility my
generate noise. However, such noise will occur only during duration of the operation for
a short period.
2. That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property;
Granting the SUP will not impede the normal and orderly development of the
surrounding properties. The site abuts residential subdivision (Bent Creek Estate) to the
north, and single family homes to the east. The Section of Bent Creek Estate Residential
Subdivision abutting the subject property is fully developed with single family homes. It is
staff determination that the proposed development will not impede normal and orderly
development or improvement of the surrounding properties.
3. That adequate utilities, access roads, drainage and other necessary supporting facilities
have been or will be provided;
The request is for development of basic utilities. Approval of the request will enhance the
City's ability to accommodate wastewater drainage fZow during high rainfalls. The DRC
has reviewed this proposed project and have determined that access road to the site is
sufficient to handle the proposed use.
4. The design, location and arrangement of all driveways and parking spaces provides for
the safe and convenient movement of vehicular and pedestrian traffic without adversely
affecting the general public or adjacent developments;
There will be minimum traffic going to this development, except occasional traffic
generated by crew staff to work on the facility. The design, location, and arrangements of
the driveway onto the property will not adversely affect the general public or adjacent
development. Currently, the site has a driveway entrance onto Country Club Road.
5. That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise and vibration;
According to the City's Engineering Department, there will be minimum noise or odor
generating from the site. In addition, majority of the site is in Environmental Sensitive
Area and unlikely to be developed.
6. That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties.
According to the City's Engineering Department, there will be minimum lighting on the
site. Most of the surrounding properties are also undeveloped. In addition, any proposed
lighting shall comply with the standards and regulations of Section 35.13.12 of the DDC.
This requirement limits illumination of light onto adjacent property.
7. That there is sufficient landscaping and screening to ensure harmony and compatibility
with adjacent property.
Per the site plan, an aerial view, and staff inspection of the site; the proposed
development will be screened by existing trees located to the east and north of the site. In
addition, there is a rail track with raised median to the east of the proposed tank location
site. The raised median serves as screening to these proposed tanks.
C. That adequate capacity of infrastructure can and will be provided to and through the subject
property.
There will be adequate infrastructure to service the site. According to the City's Engineering
Department, a six-inch water line will be extended to the site. In addition, a load analysis
will be performed to determine the required service line to provide electrical and/or gas
service to the site, if needed.
D. That the Special Use is compatible with and will not have an adverse impact on the
surrounding area. When evaluating the effect of the proposed use on the surrounding area,
the following factors shall be considered in relation to the target use of the zone:
l. Similarity in scale, bulk, and coverage.
Surrounding properties to the immediate vicinity of the site are undeveloped. The site is
encompasses by approximately sixty acres. Twenty-five acres of the site is fZoodplain and
undevelopable. The scale of the proposed storage tanks will be large than any structure
in the immediate vicinity. However, there are no developed structures to be adversely
affected by the scale of the proposed development.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle,
and mass transit use are considered beneficial regardless of capacity of facilities.
This request is for construction of a wet water detention facility. There will be initial
vehicular truck traffic during construction of the facility. However, there will be
minimum vehicular truck traffic after construction. It is staff determination that the
proposed use will not generate traffic that will be adversely impact surrounding
properties.
3. Architectural compatibility with the impact area.
The nearest residential subdivision to the storage tank is located approximately 600 feet
(Bent Creek Estate). There is no close development within immediate vicinity of the
proposed tanks to compare to ensure the tanks are compatible with. It is staff
determination the proposed use will be compatible to the surrounding property. Most of
the immediate surrounding properties are in the fZoodplain and are unlikely to be
developed.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
This request is for a detention facility. According to the City's Engineering Department
and information on the site plan, the proposed tanks will be covered and unlikely to
generate odors. There will be dust generating from the site during construction.
However, the development is required to comply with Section 35.12.11 of the DDC. This
Section of the Code establishes standards for controlling noise, fumes, and use of
odorous materials on property.
5. Generation of noise, light, and glare.
Development or operation of the site will be required to comply with Section 35.12.11 of
the DDC. This Section of the DDC regulates noise, light and glare emanating from
property.
6. The development of adjacent properties as envisioned in The Denton Plan.
Future land use designation of the property to the north, south, east, and west is
Neighborhood Center. Per the Denton Plan, "Neighborhood Centers" are oriented
inwardly, focusing on the center of the neighborhood and containing facilities vital to the
day-to-day activity of the neighborhood. A neighborhood center might contain a
convenience store, small restaurant, personal service shops, church or synagogue,
daycare, individual office space, a small park and perhaps an elementary school. It is
staff determination that approval of the SUP for water detention facility (Basic Utility) to
serve drainage needs of the residents is not inconsistent with goals of the Denton plan for
development in the Neighborhood Center future land use designation.
7. Other factors found to be relevant to satisfy the requirements of this Chapter.
The DRC has considered factors necessary for approval of this site and have deemed the
request conforms to all applicable requirements of the DDC.
Findings of Fact
1. The request is a Specific Use Permit to allow construction of a wet weather pump station
and detention facility use on a property located in a Neighborhood Residential (NR-2)
zoning and use district on approximately 65.94 acres.
2. Per Section 35. 5.2.2 and 35.23.2 of the DDC, the proposed use is classified as basic
utilities and requires approval of an SUP. Per Section 35.23.2 of the DDC, basic utilities
is defined as `7nfrastructure services and the structures necessary to provide those
services including electricity, natural gas, telephone, telecommunication, water, or
sewer.
3. The subject site is located within the Neighborhood Centers future land use designation.
Per the Denton Plan, Neighborhood Centers are oriented inwardly, focusing on the
center of the neighborhood and containing facilities vital to the day-to-day activity of the
neighborhood. A neighborhood center might contain a convenience store, small
restaurant, personal service shops, church or synagogue, daycare, individual office
space, a small park and perhaps an elementary school.
4. The request to use the property for basic utilities conforms to the goals of the Neighbor
Center future land use designation. The propose use will support sewer needs of
residents. In addition, surrounding properties in the immediate vicinity are undeveloped
and are unlikely to be impacted by this proposed development.
S. The subject site is not located within a Historic or Conservation district.
6. The subject site has vehicular access through a gravel road to Country Club Road.
Country Club Road is classified as Secondary Major Arterial per the City of Denton
Mobility Plan.
7. Anticipated transportation demand is 1-S vehicle trips per day.
8. There are no planned public improvements for potable water, sewer, and drainage or
transportation facilities serving the subject site.
9. Water to the site is available from the existing 20-inch main along Fort Worth Drive. In
addition, a load analysis will be performed to determine the required service line to
provide electrical and/or gas service to the site.
10. Water demands associated with the proposed detention facility will be very minor and
associated with occasional washdowns.
11. The only wastewater discharge resulting from this facility will be very minor and
associated with occasional washdowns. In fact, the purpose of the facility is to attenuate
peak wastewater fZows within this branch of the City's collection system.
12. According to the City of Denton Fire Department, this property is serviced by the City's
Fire Station #7, located at 4201 Vintage Street.
Develonment Review Committee
Based on the information provided by the applicant and a recent site visit, the Development
Review Committee finds that with the recommended conditions, the request IS CONSISTENT
with the surrounding land uses and general character of the area, IS CONSISTENT with the
Denton Plan, and IS CONSISTENT with the Denton Development Code.
Based on the findings-of-fact, the Development Review Committee recommends approval of
Specific Use Permit, with conditions.
GENERAL NOTES
NOTE: Approval of this request shall not constitute a waiver or variance fi^om any applicable development
requirement unless specifzcallv noted in the conditions of approval and consistent with the Denton
Development Code.
NOTE: All written comments made in the application and subsequent submissions of information made during the
application review process, which are on file with the Citv of Denton, shall be considered to be binding
upon the applicant, provided such comments are not at variance with the Denton Plan, Denton
Development Code or other development regulations in effect at the time of development.
Surrounding Zoning Designations and Current Land Use Activity:
Northwest: North: Northeast:
NR-2: NR-3: NR-2:
Vacantproperty Single-Fainily Subdivision Vacantproperty
(Bent Creek Estate)
West: � • � � � • East:
ETJ: . NR-2:
Vacantproperiy , Single-Fa�nily Hoines
��•
Southwest: South: Southeast:
ETJ: ETJ: NR-2:
Vacantproperiy Vacantproperiy/single-fainily home Single-fainily hoine
S'ource: City of �Uenton Cieog�^aphical Information S'ystem and site visit by City sta�f
Comprehensive Plan:
A. Consistencv with Goals, Objectives and Strate_�ies:
The subject site is located in the "Neighborhood Centers" future land use designation. Per the
Denton Plan, Neighborhood Centers are oriented inwardly, focusing on the center of the
neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A
neighborhood center might contain a convenience store, small restaurant, personal service shops,
church or synagogue, daycare, individual office space, a small park and perhaps an elementary
school.
Staff finds use of the property for basic utilities is consistent with the goals of the
Comprehensive plan. The proposed wet weather pump station and detention facility will serve
drainage needs of residents of Denton.
B. Land Use Analvsis:
Staff finds this request with recommended conditions of approval compatible with the
surrounding land uses.
Nearest Elementary, Middle, and High School
This request is for construction of a wet weather pump station and detention facility. Therefore,
the development will not produce any elementary, middle or high school students, and will not
impact the associated Independent School District.
Nearest Fire and EMS Station
Name of Station Approximate Distance From
Sub'ect Pro er
Fire Station #7, 4201 Vintage � 3.8 iniles
Street
This proposed development has been reviewed for compliance with the 2006 International Fire
Code and City Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant
is responsible for compliance with all applicable portions of the Fire Code and City Ordinances
even in the absence of review comments.
Water and Wastewater Demand and Capacity:
A. Estimated Demand and Service Provider:
Subject Property Estimated Impact Analysis
65.94 f acres Proposed Demand Adequate to Serve (Yes or
No)
Pennitted Use Basic Utilities Basic Utilities
Potable Water
Constunption (GPM) Negligible Yes
Wastewater Generation Negligible Yes
(GPM)
B. Available Ca�acitX:
The site is currently not served by any potable water main or gravity sewer main. A 6-inch water
line will be extended to the site.
C. CIP Planned Im�rovements:
This request is for construction of a wet weather pump station and detention facility for the
attenuation of peak wastewater flows in this branch of the City's wastewater collection system.
There are no planned public improvements for potable water and transportation facilities serving
the subject site.
Roadways/Transportation Network:
A. Estimated Demand:
Sub' ect Pro e Estiinated I�n act Anal sis
65.94 f acres Proposed Deinand Adequate to Serve (Yes or
No)
Average Annual 1-5 Yes
Daily Trips (AADT)
B. Available Canacitv:
Country Club Road serves the subject site and has adequate capacity.
C. Roadwav Conditions:
Country Club Road is a Secondary Major Arterial street.
D. CIP Planned Im�rovements:
There are no CIP improvements planned for Country Club Road. Country Club Road is a
TXDOT owned and maintained roadway.
Environmental Conditions:
The Environmentally Sensitive Area (ESAs) map shows Undeveloped floodplain and a 200-ft
wide riparian buffer ESAs within the limits of the subject property. The placement of public
utilities is permitted within Undeveloped floodplain as long as installation will not have a
negative impact on ESAs and when adequately flood proofed. Though the proposed wet weather
pump station and above-ground detention facility would be located outside the ESAs, the
pipelines connecting the existing Hickory Creek Interceptor and the proposed infrastructure will
encroach into the protected areas. The pipelines would be buried underground eliminating any
flood risks. However, the installation of the pipelines would require the removal of vegetation
and disturbing the soil. Staff recommends conditioning the approval of the SUP request subject
to replanting native vegetation and restoring the soil to pre-development conditions.
Wells (Public/Private):
No public or private portable water wells are proposed for the site.
Airports:
The subject site is not within the boundaries of the Denton Municipal Airport Overlay District.
Electric:
Denton Municipal Electric staff is in the process of revising the electric service standards. The
schedule is for the new standards to be approved in 2014, with a six month transition period after
approval. The main change is that the developer will be responsible for providing and installing
DME conduit required for electric utility service to developments.
Park Facilities:
No comment.
Exhibit 2— Site Location/Aerial Map
Exhibit 4— Future Land Use Map
Exhibit 5— Letter from Applicant
Project Narrative:
Back�round:
Wastewater flow metering data in the Hickory Creek Basin (Figure 1) has indicated surcharging
of the sewer lines during heavy rain events (typically one year or greater return storm period).
As such, capacity enhancements need to be made in the sewer basin to accommodate the peak
wastewater flows. The wastewater collection system computer model was used to determine
the best option to provide the additional wastewater handling capacity in the Hickory Creek
Basin. A comparative analysis was performed between a standard pumping station with force
main, and a pumping station with a detention facility options. The reason for this analysis was
to determine the cost differential between the long force main required by a standard pumping
station Vs the peak flow pump station and detention facility utilized to store the peak flow. The
results of the analysis demonstrated that the cost savings were anywhere from $2 to $4 million
if the pumping station pumped into a detention facility as opposed to a long force main. In
addition, this cost differential does not include all of the downstream sewer line capacity
upgrades continuing all the way to the wastewater treatment plant, and the plant capacity
upgrades, that would be required for the standard pumping station option, as the peak
wastewater pumped into the downstream system also has to be accommodated.
Staff then concentrated on developing site options and cost estimates for possible sites to
determine the best and most cost effective site for the construction of a peak flow pump
station and detention facility in the Hickory Creek Basin.
Detention Facility Options:
Since late 2010, various detention facility types have been investigated to determine the best
peak flow storage facility design. The option chosen utilizes above ground covered storage
tanks similar to the ones used by water plants for storing potable water. These tanks are
reinforced concrete tanks which have a steel roof to prevent odor issues. Knoxville, TN, Mobile,
AL, and Petersburg, VA are just a few of the cities currently using this type of tank to detain
peak wastewater flows during large rain events. Figure 2 shows an example wastewater
detention facility.
Figure 2
Third Creek Storage Facility (4.0 MGaI) Knoxville, TN
Site Options:
Three locations were investigated for siting the Hickory Creek Detention facility. These sites are shown in
Figure 2 and are the only feasible sites from both a land acquisition and engineering suitability standpoint.
There is no significant difference in the sizing requirement between the three sites: the tank size needed
to handle the projected peak 2033 flow is 6 Million Gallons and the peak pumping capacity for the lift
station is 24 Million Gallons per Day for each location.
Figure 2- Hickory Creek Detention Facility Siting Options
Based on the lowest project cost estimate, viability of land purchase, low public visibility, and
very low development potential of the site being between the railroad track and floodplain with
very limited access, the Site 3 located on the Altemus & Baudouin properties was selected. A
detailed view of the subject site is shown in Figure 3(tank is drawn to scale).
Figure 5- Altemus & Baudouin Site
Specific Use Permit Request:
The selected site is zoned Residential NR-2. The proposed use is Basic Utilities, which requires a
specific use permit under this zoning designation.
Surrounding Property Uses:
An existing railroad track bisects the subject property. To the north is an existing residential
subdivision called Bent Creek Estates. To the west is an undeveloped property that is mostly
inundated by the Hickory Creek floodplain. To the south and east are rural residential
properties.
Site Conditions:
Currently, the site is undeveloped with some vegetative cover. The site seems to
predominately sheet flow to the west.
Existing Site Circulation:
Currently there is an existing gravel driveway that provides access to the portion of the
property on the east side of the railroad tracks, but there is no access to the west side of the
tracks.
Existing Open Space, Recreation and Preservation:
The site is currently undeveloped and there are no required open spaces, recreational space, or
preservation areas that will be impacted by the development.
Existing Infrastructure and Utilities:
The site will be serviced by the City of Denton for water and sewer and sewer service. In
addition the site has access to electrical, gas, and telephone service.
Proposed Land Uses:
The proposed use is for the construction of a peak flow wastewater pumping station and
detention facility.
Proposed Infrastructure and Utilities:
A 6-inch water line will be extended to the site. A load analysis will be performed to determine
the required service line to provide electrical and/or gas service to the site.
Proposed Open Space, recreation and Preservation Areas:
Due to specific nature of the proposed use, there is no requirement for open space, recreation,
or preservation areas.
Proposed mitigation measures for nuisance abatement:
The site is bounded on three sides by the Hickory Creek, KCS Railroad and City park land and
has no likelihood of obtaining a public railroad crossing for a through access connection to FM
1830. This makes the land effectively undevelopable for residential or commercial use. The site
encompasses 59.9 acres of which 25.3 acres is floodplain, leaving 34.6 usable acres. This is
more than needed for the detention facility but it provides for expansion of wastewater
facilities in the Hickory Creek Basin in the future. The site is shielded from public view by trees
on the west and north and is partially shielded on the east by the raised railroad. The storage
tank would be located at least 600 feet from the Bent Creek Estates subdivision and more than
1000 feet from either FM 1830 or US 377. The only residential home with a clear view of the
facility would be the Hackett homestead directly to the south of the site.
, �` �' � i ' ` �
Specific Use Permit (S14-0002)
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
April 9, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit
(SUP) to allow construction of a wet weather pump station and detention facility use on a property
located in a Neighborhood Residential 2(NR-2) zoning and use district on approximately �aS.)� �cr��.
The subject property is generally located west of Country Club Road and KCS Railroad, ���'t c��`��
Worth Drive, and south of Bent Oaks sub-division.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
subject property, the Planning and Zoning Commission would like to hear how you feel about this
request and invites you to attend the public hea�ing. Please, in order for your opinion to be taken into
account, return ihis form with your comments prior to the date af tlie public hearing. (This in no way
prohibits you from attending and participating in the public hearing.) You may fax it to the number
located at the bottom or mail it to the address below or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Nana Appiah, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
It� favor of req�c��t}�
Reasons for �?�a��c��i�r �
Signature:
Please circle one:
(Neutral to request) (Opposed to request)
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MailingAddress: ��_ �'„ �e..� �•
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Telephone Number: ��"�-� '� � �. -� ��!-
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Physical Address of Property within 200 feet:�l�` ��� �f-� ��� ���� ^� C�/�����?P /�3�
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CITY OF DENTON, TEXi4S CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
200' P&Z Notice
�' � * i , !
Specific Use Permit (S14-0002)
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
Apri19, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit
(SUP) to allow construction of a wet weather pump station and detention facility use on a property
located in a Neighborhood Residential 2(NR-2) zoning and use district on approximately 65.94 acres.
The subject property is generally located west of Country Club Road and KCS Railroad, east of Fort
Worth Drive, and south of Bent Oaks sub-division.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own pYOperty within two hundred (200) feet of the
subject property, the Planning and Zoning Commission would like to hear how you feel about this
request and invites you to attend the public hearing. Please, in order for your opinion to be taken into
account, return this form with your comments prior to the date of the public hearing. (This in no way
�r�G�ziLits you jt�vi�z attending and participating in the public he�ring.) You may fax it to the number
located at the bottom or mail it to the address below or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Nana Appiah, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
(In favor of request)
Reasons for Opposition:
Signature:
Please circle one:
��.�.. �...�����
(Neutral to request) °
(Opposed to request)
Printed I�Tame: �� �7 �.�� �:��-� �.��-...--�� �"���°- _., �.._......�.
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City, State Zip: __...�c "�'����`F,,�'"� . � `.�' i�� �-��? � �m.�.m
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Telephone Number: `�,��'`��' - � ���; -� �� .�? z��?_.. � �.�_._..
Email �r,�� :� ��% � ;� �� j �._a' ., '�Cm
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Ph sical Address of Pro ert within 200 feet: � � '` ,�-- , � ��� _� ��=- �� `�P .�' �'`�
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CITY OF DENTON, rEiiQ$ CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
200' P&Z Notice
i c:. ..j .�.. .: i� .R .' .. � � ��..
Specific Use Permit (S14-0002)
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
April 9, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit
(SUP) to allow construction of a wet weather pump station and detention facility use on a property
located in a Neighborhood Residential 2(NR-2) zoning and use district on approximately 65.94 acres.
The subject property is generally located west of Country Club Road and KCS Railroad, east of Fort
Worth Drive, and south of Bent Oaks sub-division.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
subject pYOperty, the Planning and Zoning Commission would like to hear how you feel about this
request and invites you to attend the public hearing. Please, in order for your opinion to be taken into
accoi2nt, ret��rn t1_?is f0?'ri2 u�ith yn,�r c�mments pri.nr to the date �f the ni�blic hea.ring. (This in no way
prohibits you fi^om attending and participating in the public hearing.) You may fax it to the number
located at the bottom or mail it to the address below or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Nana Appiah, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
Please circie one:
(In favor of request) (Neutral to request) � (Opposed to r�qu�;s�
Reasons ��� C����+�sii�q�t:
..�
�
�ignature:
Printed Name: �_ -� ° ,�.��.. -- _. ,. '�� :��"..m.. �
�� ° ,�`
Mailing Address: "�� _ �' �"'� J�_,_�-�'�:✓��.—�..�.�
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City, State Zip: ��';��.�,���� ��._.���? � M-
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Telephone Number: �,;�- LL ��,����a ..�...
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Physical Address of Property within 200 feet: ��_/�
__ _
CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
200' P&Z Notice
< . , l i , !
Specific Use Permit (S14-0002)
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
April 9, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit
(SUP) to allow construction of a wet weather pump station and detention facility use on a property
located in a Neighborhood Residential 2(NR-2) zoning and use district on approximately 65.94 acres.
The subject property is generally located west of Country Club Road and KCS Railroad, east of Fort
Worth Drive, and south of Bent Oaks sub-division.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
subject property, the Planning and Zoning Commission would like to hear how you feel about this
�°equest and invites you to attend the public hearing. Please, in order for your opinion to be taken into
account, return this form with }�our comments prior to the date of the �ublic hearing. (This irr no way
p�^ohibits you from attending and participating in the public hearing.) You may fax it to the number
located at the bottom or mail it to the address below or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Nana Appiah, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
�
(In favor of request)
for On���s�ti�an:
� R� ��
Signature
Please circle one:
(Neutral to request)
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Printed Name: �.,� � �� 1�� ,�'�� �
Mailing Address:
City, State Zip:
Telephone Number:
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Physical Address of Property within 200 feet:
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(Opposed to request)
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CITY OF DENTON, %-EXi4$ CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
200' P&Z Notice
l
i • • • : ••
Specific Use Permit (514-0002)
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
Apri19, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit
(SUP) to allow construction of a wet weather pump station and detention facility use on a property
located in a Neighborhood Residential 2(NR-2) zoning and use district on approximately 65.94 acres.
The subject property is generally located west of Country Club Road and KCS Railroad, east of Fort
Worth Drive, and south of Bent f,�aks..sub-division.
�h.•k,
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
subjecl property, the Planning and Zoning Com�nission would like to hear how you feel about this
request and invites you to attend the public hearing. Please, in order for your opinion to be taken into
account, return this form �vith your carrments prior to the date of thc public hearing: (Tlzis is� �zo way
prohibits you from attending and participating in lhe public hearing.) You may fax it to the number
located at the bottom or mail it to the address below or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Nana Appiah, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
�`
(In favor of request)
for Opposition:
�_ .
Signature�
..
Please circle one:
(Neutral to request)
(Opposed to �•e��u�sl)
ti
Printed Name: � GUeshi �• �G �4,sn� � CJL�FQ�L
Mailing Address: � � � � � � �� d• �� �r
City, State Zip: ��,�b�..� rl �C 7� L1 �
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Telephone Number: __�'�'�"� �� � '' '� � '� � �
��:a����il '�� C— -» �?�` �-� /� • � �''�`-
Physical Address of Property within 200 feet: �
CITY OF DENTON, TEXi4$ CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
200' P&Z Notice
Fax sent by : 6192263996 SEA WORLD 84-84-14 B9:2e
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N4TICE OF PU6LIC HEARING
�'�'� �-
Specific Use Permit (S14-0002)
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
Aprii 9, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit
(SUP) to allow construction of a wet weather pump station and detention facility use on a property
located in a Neighborhood Residential 2(NR-2) zoning and use district on approximately 65.94 acres.
The subject property is generally located west of Country Club Road and KCS Railroad, east of Fort
Worth Drive, and south of Bent Oaks sub-division.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within tN�o hundred (200) feet of the
subject property, the Planning and Zoning Commission would like to hear how you feel about this
request and invites you to attend the public hearing. Please, in order for your opinion to be taken into
account, ret�rn this farrn wzth yaur ;,oinments pr�or to the datc �f tl��e pubii:, hcaring. (Tl�is if� no tivay
prohibits you from attending and participating in the public hearing.) You may fax it to the number
located at the bottom or mail it to the address below or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Nana Appiah, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
Please circle one:
(In favor of request) (Neutral to request) (Opposed to request)
Reasons for �����+���� r���: •
�
i'd� �1" _ � .� �,� � � � '� ' � + __ , � � � � +'��
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Signature:
Printed 1�[
Mailing Address:
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City, State Zip: __. �n� � . �" d
Telephone Number: � .� '��` ��-�
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S"'C e 4 : �+`G,,�'�` � C
11rr��i] a�' �� � "i� � ' � ��
Physical Address of 1'rca���-ty within 200 feet: t�� �� t,�'' ��"� �' �
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ClTY OF DEIVTON, TEXAS CiTY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
200' P&Z Notice
��e �
CO UR TESY NOT'ICL
Specific Use Permit (514-0002)
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
Apri19, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit
(SUP) to allow construction of a wet weather pump station and detention facility use on a property
located in a Neighborhood Residential 2(NR-2) zoning and use district on approximately 65.94 acres.
The subject property is generally located west of Country Club Road and KCS Railroad, east of Fort
Worth Drive, and south of Bent Oaks sub-division.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton_ Texas. Because �ou live within the city limits of the City of Denton and are
within five hundred (S00) feet of the subject property, the Planning and Zoning Commission would like
to hear how you feel about this request and invites you to attend the public hearing. If you own
property within two hundred (200) feet of the subject property, you should also be receiving a
Iegal notice requesting a response (see 200 foot buffer on map below); if you do not receive one,
please call the Planning Department at (940) 349-8541. *
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04-07-14P03�53 RCVD
CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8350 •(F) 940.349.7707
.;, .; � � , !
�
Specific Use Permit (514-0002)
The Planning and Zoning Commission of the City of Denton v�ill hold a public hearing on Wednesday,
Apri19, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit
(SUP) to allow construction of a wet weather pump station and detention facility use on a property
located in a Neighborhood Residential 2(NR-2) zoning and use district on approximately 65.94 acres.
The subject property is generally located west of Country Club Road and KCS Railroad, east of Fort
Worth Drive, and south of Bent Oaks sub-division.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own pi°operty within two hundred (200) feet of the
subject property, the Planning and Zoning Commission would like to hear how you feel about this
request and invites you to attend the public hearing. Please, in order for your opinion to be taken into
accou::t, return ±his form «<ith your �omm�r.±s pric: ±e tre �ate ef the public hearir.g. (This in no ���ay
prohibits you from attending and participating in the public hearing.) You may fax it to the number
located at the bottom or mail it to the address below or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Nana Appiah, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
(In favor of request)
Reasons for �1�����asition:
� t�5 a I � �� t r _� `�` � � � � , r' : y�:
r�;1 � ��t.�°`� ��r�`a'�� a�—�
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Si�nature: �'��� � -{�� � ;�"- .-
Please circle one: � �,w„_��,__�,��,
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(Neutral to request) (Opposed to request)
. ��� � �
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Printed Name: �;1�� � �-= ,2-�' ! _ �
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Mailing Address: `�3 % .5'�!R +� �� �. �- �° L %. � ! � L�
City, State Zip
Telephone Number:
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Physical.Address of Property within 200 feet: �'/:� 7 S� P�� '��� l� �L''� ��'�
Z.j c, �' 7�= '� G �/ �
04-08-14P12:1Q RCVD
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CITY OF DENTON, TEi�i4$ CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F�_ 940._ 349_7707
200' P&Z Notice
NOTICE C)F Pl1BLIC HE�IRING
Specific Use Permit (S14-0002)
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
Apri19, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit
(SUP) to allow construction of a wet weathPr pump station and detention facility use on a property
located in a Neighborhood Residential 2(NR-2) zoning and use district on approximately 65.94 acres.
The subject property is generally located west of Country Club Road and KCS Railroad, east of Fort
Worth Drive, and south of Bent Oaks sub-division.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
subject p�°operly, the Planning and Zoning Comnzission would like to hear how you feel about this
request and invites you to attend the public hea�°ing. Please, in order for your opinion to be taken into
accouni, return inis iurm wiin yuur wrnrneiiis p�iu� tu L11C CAQZC 11C L11G �U�IlC% i��arii�g. �Tl�1s i�t ,�o ��y
prohibits you from attending and participaling in the public hearing.) You may fax it to the number
located at the bottom or mail it to the address below or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Nana Appiah, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in.support and in opposition.
(In favor of request)
Reasons for Opposition:
0
Please circie one:
(Neutral to request)
(Opposed to request)
aignature: �� G/,�11�91 �"r- 04C71 a
Printed Name: lLl n. T� NV' 1 IZ A'�.I.�
MailingAddress; 1/nA .�D��nA�nO�� D,r7ivE
-�,� � __.__.�,..�� �� � . _._ _
� �,
City, State Zip: � ���� �, ���;��>��� �� _.�_..� ..................�
Telephone Number: �" �# #� �� �-�� - �q � E�
6...�.�._..
Email � 1 Y�" :�,i�,h �-_ � Y���
Physical Address of Property within 200 feet: !/o '� �� � �!7� � V�-° -
����_.
CITY OF DENTON, TEXi4$ CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
200' P&Z Notice
Exhibit 7— Notification Map (65.94 acre of SUP boundary)
� . � i � �
Specific Use Permit (S14-0002)
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
Apri19, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit
(SUP) to allow construction of a wet weather pump station and detention facility use on a property
located in a Neighborhood Residential 2(NR-2) zoning and use district on approximately 65.94 acres.
The subject property is generally located west of Country Club Road and KCS Railroad, east of Fort
Worth Drive, and south of Bent Oaks sub-division.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own p�operty within two hundred (200) feet of the
subject property, the Planning and Zoning Commission would like to hear how you feel about this
request and invites you to attend the public hearing. Please, in order for your opinion to be taken into
?�COLirit, ret��rn t1_?i� form �h�ith yo��r c�mments pr.i.nr tc► the datP of the pi�blic hea.rin�. (This in �o way
prohibits you from attending and participating in the public hearing.) You may fax it to the number
located at the bottom or mail it to the address below or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Nana Appiah, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
(In favor of request)
Reasons �`��° ��a�+���tx��:
Please circle one:
(Neutral to request)
.i y
(Opposed to r�:��u�st
d
�ignature:
Printed Name:
Mailing Address:
' tY_�',�,'�?���" �� ��° j� .�,����
City, State Zip: _ _ � , . ��.�. � �� �_� —~--
Telephone Number: ��._ �����..�� -•
�rz�����
Physical Address of Property within 200 feet: _�'`�� �
_ _ 7
CITY QF DENTON, TEXAS CITY HALL WEST
200' P&Z Notice
DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.770
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Exhibit 9 — Site Photos
Exhibit 10 — ESA Map
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Exhibit 11
Apri19, 2014, P&Z Meeting Minutes (Draft)
the Commission this is only a recommendation to City Council; they will move forward with
their own decision. Schaake urged Bentley to withdraw his motion.
Taylor stated he cannot support tabling this item. Bentley stated he would resend his motion,
with a recommendation for denial, Briggle seconded.
Commissioner Brian Bentley motioned, Commissioner Amber Briggle seconded to deny this
request. Motion carried (4-3).
C. Hold a�ublie l�earin� and eonsider mal�in� a reeommendation to Citv Couneil re�ardin� a
St�eeifie Use Permit (SUP) to allow eonstruetion of a wet weather �um� station and detention
faeilitv use on a�ro�ertv loeated in a Nei�l�borl�ood Residential 2(NR-2) zonin� and use
distriet on a�proximately 65.94 aeres. Tl�e subject 7�ro�ertv is �enerally loeated west of
Countrv Club Road and KCS Railroad, east of Fort Worth Drive, and south of Bent Oalcs sub-
division. (514-0002, Citv of Denton Hielcorv Creelc Detention Faeilitv, Nana A��ial�)
Lockley introduced Appiah and Arora to speak on this item. This request is to allow construction
of a wet weather pump station and dentition facility use on a property located in the
Neighborhood Residential- 2 zoning district and use on approximately 65.94 acres. Appiah
provided site photos with the location of the detention facility indicated. The detention facility
would not be seen by the neighboring Bent Oaks subdivision or from the right-of-way due to the
tree line. The tanks will be placed below the existing berm that will help limit the tank's
visibility.
Appiah stated staff sent out 77 Public Hearing notices to property owners within 200 feet of the
subject site, and 147 courtesy notices to property owners within 500 feet of the subject site.
However, the Specific Use Permit was only for approximately 65 acres of the approximately 100
acre site. There are actually 19 property owners within 200 feet of the subject site and 49 owners
within 500 feet of the subject site. Staff received two returned responses in opposition to this
request.
Arora provided education on water basin details. Arora provided a map that indicated the
Hickory Creek Basin, including where the Hickory Creek Interceptor and Hickory Creek
Stations are located. The red line indicated on the map is the major interceptor, which is
approximately a 27 inch pipe. There is a need for a detention facility. The capacity enhancements
need to be made to accommodate the peak wet weather wastewater flows. A Hydraulic Model
for Capacity Assurance was purchased in order to track the water rise levels during a storm.
Arora provided sample storm water rises with and without detention.
34 Arora stated the facility will only be used approximately one time a year during larger storm
35 events. During small rain events or dry times it will not be used. A City truck will go out
36 approximately one time a week to check the facility to make sure it hasn't been vandalized. A
37 permit is required for the wastewater department to convey all flows to the wastewater treatment
38 plant without overflows. The proposed detention facility is in a remote location. The land being
39 used is not suitable for residential or commercial development due to access issues. This project
4o will save money for the rate payers and serves the larger good of the community. The Parks and
14
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Recreation Department is looking at purchasing property neighboring the subject site for a City
park.
Conner stated after reviewing the returned responses from the neighbors, some of the
information provided on the tanks, and other topics are not accurate to what information provide.
Conner stated he feels the citizens didn't receive a lot of information to go off of. There is not
going to be any noise produced by the tanks, the pumps are build underground. There will be
very minimal tree removal required, and there are plenty of landscape buffers between the
neighborhood and the tanks. There is no additional traffic to the area. Also, the number of tanks
at this time is only one. Arora stated that is correct, for approximately 7-10 years there will only
be one tank on the site. Appiah stated the Development Review Committee recommends
approval on this request based on the following condition: any disturbed Environmental
Sensitive Areas (ESAs) must be stabilized by re-vegetating using native plants and the soil
restored to pre-development contours. The vegetation must achieve a cover that is at least 70
percent of the native vegetative cover to be considered stabilized. Schaake opened the Public
Hearing.
M.D. Tanvir Aziz, 1109 Springcreek Drive, Denton, Texas
Aziz stated he is opposed to this request. It would cause the price of the value of the property to
increase. Aziz stated this Commission wouldn't want something like this developed behind their
house. These neighbors purchased their house not knowing something like this would be
developed by their property.
Elsie Barrow, 1209 Beechwood Drive, Denton, Texas
Barrow stated she has lived in this property for approximately 15 years. The primary concern is
how this proposed tank is going to affect the area that was originally designated for a park There
is not a Home Owner's Association to this neighborhood; therefore, a park was never developed.
Barrow questioned if the City has purchased the property at this time. Barrow questioned how
the existing trees on the site will be affected. Barrow questioned if the cover on the tank would
ever need to be removed. Barrow stated she is concerned about potential noise issues with the
tanks.
Arora stated the park would be developed south of the subdivision, or depending on the setback
from the gas well. The tree impact is minimal; there is a clear area where the tank will be placed.
The only reason for the interruption with the trees would be based on the construction equipment
to install the tank or if the trees are right where the tank is installed. Arora stated the sewer line is
very deep, it shouldn't cause any smell, and there is a pump from the sewer line to the tank.
Taylor brought up the cover on the tank to be removed. Arora stated the tank is a fixed sealed
cover. It wouldn't be removed. Appiah stated any disturbance of the trees have to be replaced.
Kala Schmitto, 1312 Wintercreek Drive, Denton, Texas
Schmitto stated she holds a lot of backyard entertaining events. The fear is the smell from the
tanks. Schmitto stated she loves her house and is afraid she will move if the tank gets installed.
There was no one else to speak on this item. Schaake closed the Public Hearing.
15
1 Schaake questioned the odor of the facility; Arora stated the only time the tank will be used is
2 when it rains; there will be no smell involved. Taylor questioned if there are other tanks within
3 the City that are comparable to this tank Arora stated there are 27 pump stations within the City.
4 A lot of those tanks are throughout neighborhoods. Taylor questioned if they receive complaints
5 for noise or smells for those pump stations, Arora stated no. Schaake stated this tank will be
6 placed in an open field of land that cannot be developed; Arora stated correct. Briggle stated the
7 closest house is nearly a quarter mile from the tanks in the field, there will be no noise and no
8 odor produced by the tanks.
10 Commissioner Amber Briggle motioned, Commissioner Thom Reece seconded to approve this
11 request based on staff's condition: any disturbed Environmental Sensitive Areas (ESAs) must be
12 stabilized by re-vegetating using native plants and the soil restored to pre-development contours.
13 The vegetation must achieve a cover that is at least 70 percent of the native vegetative cover to
14 be considered stabilized. Schaake opened the Public Hearing.. Motion approved (7-0).
15
D. Hold a�ublie l�earin� and eonsider mal�in� a reeommendation to the Citv Couneil re�ardin�
amendrnents to the Ravzor Ranel� Overlav Distriet (RROD) Seetion 35.715 of tl�e Denton
Develo�ment Code (DDC). Tl�e RROD eneom�asses a��roximatelv 410 aeres of land in its
entiretv and is loeated �enerally on both sides of U.S Hi�l�wav 380 (West Universitv Drive),
between Zt�terstate Hi�l�wav 35 and Bonnie Brae Street. Tl�e a�plieant �ro�oses to ereate a
new sub distriet and allow for new uses not �reviously �rovided for within the Ravzor Ranel�
Overlav Distriet. Tl�e New Uses affeet a�proximately 4396 aeres at the northwest eorner of
U.S. Hi�hwav 380 and Bonnie Brae Street within the northern traet further deseribed and
eontained wl�ollv within Lots 1R and 3R of the Ravzor Ranel� North Addition. Tl�e RROD is
further amended to allow a�proximately 99 aeres within the southern traet loeated at tl�e
soutl�east eorner of U.S. Hi�l�wav 380 and Znterstate Hi�l�wav 35 and deseribed as Lot l,
Bloelc S Ravzor Ranel� South Convee a��lat (doeument number 2010-ll9) for exem�tion
from DDC, Seetion 3 S 18.2.A1 and 3 S 18.2.A.2 relative to a�proval of a final �lat �rior to
release��of a elearin� and �radin� �ermit. Tl�e subjeet total aerea�e is loeated within a Re�ional
Center Commereial Downtown (RCC-D) zonin� and use distriet and is further eneumbered bv
the Ravzor Ranel� Overlav Distriet. (Z13-0013, Ravzor Ranel� Overla�, Eriea 1�Iarohnie�
16
17 Lockley introduced Marohnic. Marohnic stated the applicant requested this item to be postponed
18 to a date certain of May 7, 2014. Schaake opened the Public Hearing.
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20 Commissioner Devin Taylor motioned, Commissioner Thom Reece seconded to postpone this
21 request to a date certain of May 7, 2014. Motion approved (7-0).
22
6. FUTURE AGENDA ZTEI�IS: Under Seetion 551.042 of the Texas O�en 1�Ieetin�s Aet,
res�ond to in�uiries from tl�e Plannin� and Zonin� Commission or the �ublie with s�eeifie
faetual information or reeitation of �oliev, or aeee�t a a�ro�osal to �laee the matter on the
a�enda for an u�eomin� meetin�.
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24 Strange requested to discuss lot coverage currently within the Denton Development Code, in
25 zoning district Neighborhood Residential -2. There are several comments from builders and
26 developers about the inability to build larger homes on smaller lots. Strange also requested Work
16
s:\legal\our documents\ordinances\14\s14-0002.docx EXlllblt 12
Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A SPECIFIC USE
PERMIT TO ALLOW CONSTRUCTION OF A WET WEATHER PUMP STATION AND
DETENTION FACILITY USE ON A PROPERTY LOCATED IN A NEIGHBORHOOD
RESIDENTIAL 2(NR-2) ZONING AND USE DISTRICT ON APPROXIMATELY 65.94
ACRES. THE SUBJECT PROPERTY IS GENERALLY LOCATED WEST OF COUNTRY
CLUB ROAD AND KCS RAILROAD, EAST OF FORT WORTH DRIVE, AND SOUTH OF
BENT CREEK ESTATE RESIDENTIAL SUBDIVISION; AND PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS, THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (S 14-0002)
WHEREAS, Mr. P.S. Arora, on behalf of the City of Denton, has applied for a Specific
Use Permit to allow construction of a wet weather pump station and detention facility use on a
property located in a neighborhood residential 2(NR-2) zoning and use district on approximately
65.94 acres and legally described in Exhibit "A", attached hereto and incorporated herein by
reference (the "Property"); and
WHEREAS, on April 9, 2014, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommend approval of the Specific Use permit with a condition
of approval; and
WHEREAS, on May 6, 2014, the City Council concluded a public hearing, as required by
law and finds that the Specific Use Permit, is consistent with the Denton Plan and the
Development Code; 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 and found to be true.
SECTION 2. A Specific Use Permit to allow construction of wet weather pump station
and detention facility use on the Property is hereby approved, subject to the following condition:
1. Any disturbed Environmental Sensitive Areas (ESAs) must be stabilized by re-vegetating
using native plants and the soil restored to pre-development contours. The vegetation
must achieve a cover that is at least 70 percent of the native vegetative cover to be
considered stabilized.
SECTION 3. The Speciiic Use Permit site plan attached hereto and incorporated herein
by reference as Exhibit "B", is hereby approved, as an additional condition of the permit.
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 shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. 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 6. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT A
LEGAL DESCRIPTION
(Baudouin — northern tract)
BEING a 27.86 acre tract of land situated in the B.B.B. & C. R.R. Co. Survey, Abstract No. 196 and the
W. Roark Survey, Abstract No. 1087, City of Denton, Denton County, Texas, and being known as that
tract of land described in a Deed to Paul-Emile Baudouin and Benjamin Parker Baudouin, as recorded in
Document No. 2011-35970 of the Real Property Records of Denton County, Texas, and being more
particularly described as foilows:
BEGINNING at a 1/2 inch square pipe found for corner in the Westerly line of the G.C. & S.F. Railroad (a
variable width right-of-way), said point being the Southeast corner of the above cited Baudouin tract and
the Northeast corner of a called 37.87 acre tract of land described in a Deed to Connie M. Altemus, as
recorded in Volume 901, Page 777 of the Deed Records of Denton County, Texas;
THENCE North 89°45'23" West along the South line of said Baudouin tract and the North line of said
Altemus tract, for a distance of 1533.46 feet to a 1/2 inch square pipe found for corner at the occupied
Southwest corner of said Baudouin tract and the Northwest corner of said Altemus tract, said point also
being in the East line of a called 222.275 acre tract of land described as the First Tract in a Deed to Burch
Family Farm, Ltd., as recorded in Document No. 2007-110043 of the Real Property Records of Denton
County, Texas;
THENCE North 00°44'19" West along the West line of said Baudouin tract and the East line of said Burch
Family Farm tract, for a distance of 67.50 feet to a point for corner in Hickory Creek;
THENCE in a Northwesterly direction along the Westerly line of said Baudouin tract, the Easterly line of
said Burch Family Farm tract and the meanders of Hickory Creek as follows:
North 52°05'55" West for a distance of 282.19 feet to a point for corner;
North 27°24'15" West for a distance of 171.69 feet to a point for corner;
North 31°16'21" West for a distance of 242.77 feet to a point for corner;
North 19°13'51" West for a distance of 206.12 feet to a point for corner in the South line of a
called 21.472 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in
Document No. 1997-55783 of the Real Property Records of Denton County, Texas, said point
also being the Northwest corner of said Baudouin tract;
THENCE North 89°53'48" East departing said Hickory Creek, and along the North line of said Baudouin
tract and the South line of said City of Denton tract, passing a 5/8 inch iron rod with cap stamped "TNP"
set for reference at a distance of 48.00 feet, and continuing along the North line of said Baudouin tract
and the South line of said City of Denton tract, for a total distance of 1429.30 feet to a 1/2 inch iron rod
found for corner at the occupied Northeast corner of said Baudouin tract, said point also being in the
Westerly line of said Railroad;
THENCE South 35°19'02" East along the Easterly line of said Baudouin tract and the Westerly line of said
Railroad, for a distance of 338.09 feet to a 1/2 inch iron rod found for corner at an angle point;
THENCE South 42°26'59" East continuing along the Easterly line of said Baudouin tract and the Westerly
line of said Railroad, for a distance of 201.49 feet to a 5/8 inch iron rod with cap stamped "TNP" set for
corner at an angle point;
THENCE South 35°19'02" East continuing along the Easterly line of said Baudouin tract and the Westerly
line of said Railroad, for a distance of 465.63 feet to the POINT OF BEGINNING, and containing 27.86
acres of land, more or less.
(
Altemus Estate — southern tract)
BEING a 37.95 acre tract of land situated in the B.B.B. & C. R.R. Co. Survey, Abstract No. 196, Denton
County, Texas, and being known as that tract of land described in a Deed to Connie M. Altemus, as
recorded in Volume 901, Page 777 of the Deed Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a 1/2 inch square pipe found for corner in the Westerly line of the G.C. & S.F. Railroad (a
variable width right-of-way), said point being the occupied Northeast corner of the above cited Altemus
tract, said point also being the Southeast corner of a called 27.92 acre tract of land described in a Deed
to Paul-Emile Baudouin and Benjamin Parker Baudouin, as recorded in Document Number 2011-35970
of the Real Property Records of Denton County, Texas;
THENCE South 35°19'02" East along the Easterly line of said Aitemus tract and the Westerly line of said
Railroad, for a distance of 1097.70 feet to a 1/2 inch iron rod with cap stamped "McCullah" found for the
occupied Southeast corner of said Altemus tract and the occupied Northeast corner a called 222.275 acre
tract of land described as the First Tract in a Deed to Burch Family Farm, Ltd., as recorded in Document
Number 2007-110043 of the Real Property Records of Denton County, Texas;
THENCE North 89°56'57" West along the South line of said Altemus tract and the most Easterly North
line of said 222.275 acre tract, for a distance of 839.29 feet to a 1/2 inch iron rod found for corner, said
point being the occupied Northeast corner of a called 3.029 acre tract of land described in a Deed to
Nelda Hackett, as recorded in Document Number 2003-137250 of the Real Property Records of Denton
County, Texas;
THENCE North 89°56'44" West continuing along the South line of said Altemus tract and along the North
line of said 3.029 acre tract, for a distance of 602.32 feet to a 5/8 inch iron rod with cap stamped "TNP"
set for corner, said point being the Northwest corner of said 3.029 acre tract;
THENCE North 89°26'11" West continuing along the South line of said Altemus tract and along an interior
North line of said 222.275 acre tract, for a distance of 714.93 feet to a 1/2 inch square pipe found for
corner at the occupied Southwest corner of said Altemus tract and being an interior ell corner of said
222.275 acre tract;
THENCE North 00°44'19" West along the West line of said Altemus tract and the most Northerly East line
of said 222.275 acre tract, for a distance of 893.92 feet to a 1/2 inch square pipe found for corner at the
occupied Northwest corner of said Altemus tract and the Southwest corner of said Baudouin tract;
THENCE South 89°45'23" East departing the East line of said 222.275 acre tract, and along the North
line of said Altemus tract and the South line of said Baudouin tract, for a distance of 1533.46 feet to the
POINT OF BEGINNING, and containing 37.95 acres of land, more or less.
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Site Plan
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AGENDA INFORMATION SHEET
AGENDA DATE: May 6, 2014
DIVISION: Planning and Development
ACM: John Cabrales, Jr. ��
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
denying a request for an Environmentally Sensitive Area Alternative Development Plan on
approximately 3.71 acres of land, generally located at the northeast corner of E. University Drive
(U.S. 380) and Loop 288, within a Employment Center Industrial (EGI) zoning district 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. The
Planning and Zoning Commission recommends denial of this request (4-3). A supermajority
vote of the City Council will be required to approve this request.
BACKGROUND
The applicant (Lee Allison) is requesting approval of an Alternative Environmentally Sensitive
Area Plan to accommodate the future development of the site for commercial uses and/or
industrial uses. Currently, only a small portion of the property is developable due to the presence
of FEMA floodway and 100-year floodplain (Exhibit 4) and undeveloped floodplain and riparian
buffer environmentally sensitive areas (ESAs) (Exhibit 5). The site is predominantly vacant
except for a single-family home located in the northeast corner. Inside the outer edges of the
flood fringe the area has been continuously mowed. Aerial photographs indicate that the stream
channel was widened and re-contoured in 2003 as part of TXDOT road improvements along
University Drive (Exhibit 6). Since then, the stream has returned to a more natural condition.
Refer to the Environmental Conditions section in Exhibit 1 for more details about the findings of
the field assessment.
Developing the site would require the reclamation of the floodplain by means of excavation and
placing fill on the property. Sec. 35.17.7.C.1 prohibits the filling of any floodplain of a stream
that drains more than one square mile unless the fill on any lot is less than 50 cubic yards or 300
square feet per acre, whichever is greater. Reclamation of the site would require more fill than
what is allowed by the DDC, therefore necessitating the approval of an Alternative
Environmentally Sensitive Area Plan for lifting the fill limitation. The Alternative
Environmentally Sensitive Area Plan, if approved, would lift the limitation on the amount of fill
that could be placed within an undeveloped floodplain ESA. However, the floodplain
reclamation would still be subject to all remaining standards for fill in Undeveloped floodplains;
further restricting obtaining the fill from cutting or excavation only to the extent allowed to
create an elevated side for permitted land disturbing activities (Sec. 35.17.7.C.4) as long as the
fill will not increase flood impacts for surrounding properties determined through hydrologic
Agenda Information Sheet
May 6, 2014
Page 2 of 4
hydraulic analyses (Sec. 35.17.7.C.2) in conformance with all drainage standards outlined in
Subchapter 19 of the Denton Development Code.
Even though the applicant's intent is to have the fill limitation removed and subsequently
perform the floodplain reclamation work by submitting a Conditional Letter of Map Revision
(CLOMR) and a Letter of Map Revision (LOMR) to FEMA; and to comply with the mitigation
aspect of the Alternative Environmentally Sensitive Area Plan by limiting the reclamation work
to areas within the FEMA 100-yr floodplain (outside the floodway) while lea�ing the Riparian
Buffer ESA intact (100 feet on both sides of the creek centerline), staff is of the opinion that the
viability of the floodplain reclamation is not certain as the necessary documentation proving the
preliminary feasibility of the project has not been provided at this point. Refer to the Drainage
and Floodplain Conditions section in Exhibit 1 for more details.
Per Section 35.17.12, "The Alternative Environmentally Sensitive Area Plan provides the option
to address the regulations through a flexible discretionary process utilizing the zoning
amendment procedure outlined in Subchapter 3.4. The Alternative Environmentally Sensitive
Area Plan shall demonstrate that the developer's alternative proposal results in a high quality
development meeting the intent of the standards in the Denton Development Code." At this
time, the applicant does not know what will be developed on the site. Without information
regarding the proposed use of the site and associated site plan, staff does not have any basis for
determining whether or not future development of the site will results in a high quality
development.
Eighteen (18) public notices were sent to property owners within 200 feet of the subject site
(Exhibit 8). Thirty-two (32) courtesy notices were also sent to residents within 500 feet of this
proposal. As of this writing, staff has received one response in favor representing 13.13% of the
land located within the 200 foot buffer area, nine responses opposed (counted as eight since on
property owner responded twice) representing 4223% of the land area located within the 200
foot buffer area and one response with no stance circled from property owners within 200 feet of
the subject site.
This application was continued from the March 19, 2014, Planning and Zoning Commission
meeting to give the applicant the opportunity to meet with the neighborhood. A neighborhood
meeting was held on March 29, 2014. The applicant has provided a summary of the meeting
attached as Exhibit 10. The neighbors cited several concerns regarding the future development
of the site including:
1. Potential Flooding of home sites, this has been an issue in the past.
2. Traffic circulation, particularly with regards to access to the subject site from both
Spring Valley and University Drive.
3. The zoning of the subject site and associated permitted uses.
4. The effect that future development of the subject site may have on neighborhood
property values.
Agenda Information Sheet
May 6, 2014
Page 3 of 4
OPTIONS
l. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table the item
RECOMMENDATION
The Planning and Zoning Commission recommends DENIAL of the Alternative
Environmentally Sensitive Area Plan request.
The Development Review Committee recommends DENIAL of the Alternative Environmentally
Sensitive Area Plan request.
Should the City Council decide to recommend approval of this request; staff recommends the
following conditions:
CONDITIONS OF APPROVAL:
l. Hydrology and hydraulics analysis shall be performed in accordance with City and FEMA
requirements during the platting process.
2. A CLOMR shall be processed through both the City and FEMA prior to the approval of a
final plat and followed by the approval of a LOMR for the floodplain reclamation work done.
3. Compliance with all applicable requirements outlined in Denton Development Code
Subchapter 19.
4. Approval by the Planning and Zoning Commission of a final plat for the subject property by
May, 6, 2016; otherwise this Alternative Environmentally Sensitive Area Plan approval shall
be deemed null and void.
PRIOR ACTION/REVIEW
L March 19, 2014
Planning and Zoning Commission
ADP13-0004
2. April 9, 2014 Planning and Zoning Commission ADP13-0004
Agenda Information Sheet
May 6, 2014
Page 4 of 4
EXHIBITS
l. Staff Analysis
2. Location Map
3. Zoning Map
4. FEMA Floodplain Map
5. Environmentally Sensitive Area Map
6. ESA Recovery Chronology
7. Letter from the Applicant
8. Notification Map and Property Owner Responses
9. Site Photos
10. Neighborhood Meeting Memorandum
1 L March 19, 2014, Planning and Zoning Commission Meeting Minutes
12. April 9, 2014, Planning and Zoning Commission Meeting Minutes
13. Ordinance
Prepared by:
�.��
Cindy Jackson, AICP
Senior Planner
Respectfully submitted:
,y ,,
� �� ,�,,F �;��.��. �
�`� �r� ��
Brian Lockley, AICP, CPM
Planning and Development Director
Exhibit 1
Staff Analysis
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: April 9, 2014 TYPE: Alternative Environmentally
Sensitive Area Plan
CC Date: May 6, 2014 PROJECT #: ADP13-0004
Project Number: ADP13-0004
Request: Consider adoption of an ordinance denying a request for an
Environmentally Sensitive Area Alternative Development Plan on
approximately 3.71 acres.
Applicant: Lee Allison
Allison Engineering Group
4401 North I-35, Suite 102
Denton, TX 76207
Property Owner:
Location:
Size:
0
Zoning Designation:
Future Land Use:
Case Planner:
DRC Recommendation:
Frank Cudd
Bountiful Properties, Inc.
2412 Old North Road, Bldg. 102
Denton, TX 76209
The property is located at the northeast corner of the intersection of
E. University Drive/S.H. 380 and Loop 288.
3.71 acres +
Employment Center Industrial (EGI)
Employment Centers
Cindy Jackson, AICP
The Development Review Committee (DRC) recommends denial
of this request subject to conditions.
Summary of Analysis:
Environmental Conditions:
The Environmentally Sensitive Area (ESA) map indicates Undeveloped Floodplain and Riparian
Buffer (100 feet along both side of the creek centerline) on the subject property. Staff performed
a field assessment in June 2013 verifying the ESA map designations on the ground. The site is
predominantly vacant except for a single-family home located in the northeast corner. Inside the
outer edges of the flood fringe the area has been continuously mowed. Aerial photographs
indicate that the stream channel was widened and re-contoured in 2003 as part of TXDOT road
improvements along University Drive. Since then, the stream has returned to more natural
condition and a riparian buffer has developed within the inner side of the floodplain. The
assessment of the riparian buffer scored the vegetated riparian buffer as in good condition. There
are two distinctive vegetation cover types present. There are trees (6-in or greater at DBH) along
the inner part of the floodplain (along the stream banks). The remaining of the floodplain is well
vegetated with a mix of upland grasses, including Bermuda grass, Buffalo grass, Crab grass, and
Johnson grass.
The applicant surveyed the channel and established the physical limits of the riparian buffer on
the ground. The applicant has agreed to limit all fill work and disturbances outside the riparian
buffer. However, the work needed for reclaiming the floodplain would still disturb the outer
edges of the undeveloped floodplain ESA and would exceed the maximum amount of fill
material allowed; therefore necessitating the approval of an alternative ESA plan.
Based on the field assessment of the floodplain and the vegetation present staff is not concerned
about habitat loss within the outer edges of the undeveloped floodplain ESA. The floodplain
reclamation would be subject to all remaining standards for fill in Undeveloped floodplains;
further restricting obtaining the fill from cutting or excavation only to the extent allowed to
create an elevated side for permitted land disturbing activities (Sec. 35.17.7.C.4) as long as the
fill will not increase flood impacts for surrounding properties determined through hydrologic
hydraulic analyses (Sec. 35.17.7.C2) in conformance with all drainage standards outlined in
Subchapter 19 of the Denton Development Code .
Drainage and Floodplain Conditions:
Staff's initially requested the submittal of a detailed drainage study as part of this request for
determining the volume of fill and excavation required for reclaiming the floodplain, and for
ruling out any negative impacts upstream or downstream of the subj ect property as a result of the
proposed floodplain reclamation. Staff has made available a floodplain model for Cooper Creek
the applicant could use for performing the necessary drainage analyses. Mr. Allison stated that
the information requested by the City will not be forthcoming until such time they were ready for
submitting the Conditional Letter of Map Revision (CLOMR) and platting documents alleging
unnecessary expenses if the cap and fill limitation cannot be lifted first (Exhibit 10). Even
though the applicant has estimated raising the site approximately 18 to 24 inches for reclaiming
the floodplain, the total amount of fill is unknown at this point.
This request would not exempt the applicant from meeting all applicable FEMA and city
drainage standards, and comply with the standards for fill in Undeveloped Floodplain ESAs as
explained in the Environmental Condition section.
Develonment Review Committee
The standard for approval of an Alternative Environmentally Sensitive Area Plan is that the plan
shall demonstrate that the developer's alternative proposal results in a high quality development
which meets the intent of the standards in the ordinance (Section 35.17.12). At this time, the
applicant does not know what will be developed on the site. Without information regarding the
proposed use of the site and associated site plan, staff does not have any basis for determining
whether or not future development of the site will result in a high quality development.
Based upon the information provided by the applicant and a recent site visit, the Development
Review Committee finds the request IS INCONSISTENT with the surrounding land uses and
general character of the area, IS INCONSISTENT with the Denton Plan, and IS
INCONSISTENT with the Denton Development Code.
Given that we do not know how the subject site will be developed; the Development Review
Committee recommends denial of the Alternative Environmentally Sensitive Area Plan request.
Should the Planning and Zoning Commission decided to recommend approval of this request,
staff recommends the following conditions:
CONDITIONS OF APPROVAL
l. Hydrology and hydraulics analysis shall be performed in accordance with City and
FEMA requirements during the platting process.
2. A CLOMR shall be processed through both the City and FEMA prior to the approval of a
final plat and followed by the approval of a LOMR for the floodplain reclamation work
done.
3. Compliance with all applicable requirements outlined in Denton Development Code
Subchapter 19.
4. A sufficient plat application for DRC Review shall be submitted no later than the end of
business on May, 6, 2016; otherwise this Alternative Environmentally Sensitive Area
Plan approval shall be deemed null and void.
GENERAL NOTES
NOTE: Approval of this request shall not constitute a waiver or variance fi^om any applicable development
requirement unless spec f cally noted in the conditions of approval and consistent with the Denton
Development Code.
NOTE: All written comments made in the application and subsequent submissions of information made during the
application review process, which are on file with the City ofDenton, shall be considered to be binding
upon the applicant, provided such comments are not at variance with the Denton Plan, Denton
Development Code or other development regulations in effect at the time of development.
Northwest: North: Northeast:
NR-3 NR-3 NR-3
Single Family Residential Single Family Residential Single Family Residential
West: � - • � , - East:
EGI NR-3
Loop 288 � _ _ � , _ � , � Single Family Residential
South: Southeast:
Southwest: NR-3, EGI
PD-191
Loop 288 University Drive right-of-way
Undeveloped
and QuikTrip Gas Station
Source: City of �Denton Ueographical Information System and site visit by City staff
Exhibit 2
Location Map
Exhibit 3
Zoning Map
Exhibit 4
FEMA Floodplain Map
Legend
2011 FEMA 100-Yr Floodplain
`�' 0.2 PCTANNUAL CHANCE FLOOD I
� 1 PCT WITH LESS THAN SQ MI DR/
0 A,
� f'`E�
� p�� AE, FLOODWAY
Exhibit 5
Environmentally Sensitive Area Map
Legend
Stream Buffers ESA Floodplain ESA
! Delineate, 50 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� Developed
�1 Existing, 100 Undeveloped,
Existing, 50
,_________;
Removed, 100
Removed, 50
Exhibit 6
ESA Recovery Chronology
2003 Aerial of the site.
2005 Aerial of the site.
2009 Aerial of the site.
2013 Aerial of the site.
Exhibit 7
�� �� Letter from the Applicant _
�� � ��
`���������f ��,�� ,�' "� _ _ __ ___
��,
���
.� - � �- . � • ��� :f • .. ,�
Apri122, 2013
Ms. Deborah �Jiera
City of Denton
221 N Elm Street
Dentan, TX 76201
Re: Alternative ESA Plan for designated FEMA Floodplain
288 and University Drive on the proposed 3. 71 � acres gener
of Loop 288 and bvest of Spring Valley Drive in the City of r
AEG No.: BP11301
Dear Ms. V iera:
Bountiful Properties, Inc. is proposing to
property includes 3.71 � acres north of Un
Drive and is located along Coope Creek
(R22205) on the west side betwe �1}is�lot
is not a part of this request. The �,
(ESA)and an Undeveloped Floodp �'�f {�.�
3
Request•
We request that the Stream
with the followi�lg conditic
�
Pt��rth east corne�r o,f Loop
�
of Z�niversity Di°ive, east
582, R22243 & R22239)
»� ;, s«�� ,~r .
op the s�� property for commercial purposes. The
i' Drive,,� � of Loop 288 and west of Spring Valley
. T �f,� e,,y�`� s zoned EC-1. There is an adjacent tract
and Lo�f`�� ,�. That parcel is under different ownership and
mbered by a Sh•eam Buffer Enviromnentally Sensitive �rea
�Sfi{���i�}j��f����, �9{°
?�{��j
�f.
�am in tact and that we are allowed to recover the Floodplai�
o Hyd ology ai�;��{{ hy -aulics analysis shall be performed in accordance with City and
.-,.-, }t li4° 44ua,._ . a�CC�2CC .
o, A'��'°' of Ma'��{{ r� vision (LOMR) shall be processed.
��y}�e,�� �' �;;
o ��ey �a � voz���ne shall be maintained within the site.,
l�ulrements shall be adhered to.
`�`� City �,�35j � 11 limitations shall bz reHnoved
u;��' nd �ill ll be unrestricted subject to other requirernents, i.e. valley storage.
o "���� ea ffer ESA shall be maintained.
A.�� � lonal iand for ESA mitigat�on is deemed not necessary.
�,� �
Page 1 0£ 3
Planning Communities - Designing the 5ysterns That Serve Them
P:IPro�ectsILP11301 - n/E Corrter oj�!_oo� 28& c� Urnversrtvl('ih� Sisbntr/tal-Coc�me�7tsl!�17 E,SAllst Subi7�itta112013-04-22 Prq/s:ct
N�rrcztive. �oe
Rationale•
Tatal Site 3.71 Acres
Stream Buffer ESA 1.30 Acres
Floodplain 2.67 Acres (Inclusive of Stream Buffer ESA)
Unencumbered 1.04 Acres
The site is developed on all sides:
o Loop 288
o University Drive
o Residential
o Residential
It seems reasonable to resolve that this segment of the floodplain i
There is an existing home on the northeast corner of the site.
�.,i��}��
Pai-� of the floodplai� carries a FEI�✓1A designation of AE. ��
s}b»��"
,si �i�3
The remainder of the floodplain is designated S ��� '
��,� �
,��,.
FEMA requires a LOMR for any developm �,�,i��i��i'����(''' �,. ,,, ��
FE�VIA allows a sim�ler LOMR-F (based
FEMA does not have any
restrict the construction of :
The City of Denton has adopted
ordinances. �
The area proposed for
More than one half the site;
up to 1.37 acres (37%) m;
developed. � �sf����tt��
The area
directid�
3
The
is
iS
for
for deve`� a,,
�� or the use
floodplain.
within the floodplain.
m the Shaded Zone X. They do generally
leral funds in this area.
that are stricter than FEMA recommended
kept mowed and does not contain any trees.
) is encumbered with Undeveloped Floodplain ESA. Of this
rendering a total of up to 2.41 acres (65%) that may be
lely a floodplain hydraulics issue. We are not proposing to have a
1 considerations such as habitat or vegetation.
spread evenly over a recovery area of 1 acre is only 3.4 inches deep.
le for the recovery of any responsible amount of the tract.
Page 2 of 3
Planning Communities - Designing the Systems That Serve Thern
P:APraiects\BPll301 - NE Corr2er ofLoop 28� & Un��eisiry\City Submit2al-Cornments\A1 T ES.�\ist Subminal`�2013-0��-21 Project
Narra�rve.doe
The designated FEMA 100 yr. Floodplain occupies 2.6? � acres (inclusive of the Stream Buffer ESA)
and we are proposing to fill a large portion of the floodplain to g�in buildable area for the co�nmercial
praject proposed. According to city ordinance 35.17.7.C. Standards for Fill in undeveloped ``°` 'ns:
• Filling of any floodplain of a stream that drains more than one (1) squar•e m
unless the fill on any lot is less than fifty (50) cubic yards or 300 cubic fee� per
is greatet-. Up to fifteen percent (15%) of the floodplain valley storage
sti•eain drair�s less than one (1) square mile in an area pursuant to this S a
law. �11�'�����14)1)!
• Excavation to balance fi11 shall be located on the salr�e parc ��{��
reasonabie or practicable to do so. In such cases, the excavation
draina e basin and �s close �s ossible to the fi11 site so lon a f'��
� P � g �� r P
fill will not increase flood impacts for surrounding properti s in
and hydraulic analysis. ?���� ����'� ��,, ,
• If additional fill is necessary beyond the perinitted amounts
sites with strea�ns that dra�n an area greater thali one ( �"'��
obtained fram cutting or excavation only to the e
permitted land disturbing activity. ��� �
• Fill to raise elevations for a building
environmentally sensitive areas in ord
Other Considerations:
This request utilizes City of Denton topo�
ESA maps and other elect�•onic informaYion.
for the ultirnate recovery of the fl �n.
This �-equest is not for the rea
�arameters for such recovery.
applications, etc. necessary to c�
Thank you for your consi
contact me.
We laok forward to t�ie City'
Respectfully
�d��s��a �'r��;
P.
rtisnot
n the same
�vation and
hydrologic
�5.17.7.C.1 above for
fill materials musi be
; an elevated site for
closer than permitted to the
that fi11 on the adjacent areas.
� Flood Hazard Maps, City of Denton
provide the basis for setting pararneters
ified area. It is to establish the policy and guidance
!�en we will proceed with the modeling, analysis,
�er process.
�f you have any questions please do not hesitate to
hope for a favorable conclusion.
Page 3 of 3
Pialming Comrnunities � Designing the Systems That Serve Them
P:APra�ect�\E3PI1301 - NF Corner t�f Loop 28� c� Univ�i5ity\City SuE�nirit�l-Commerlts\ALT ES/1\] st Subrnittal\201 "3-0�-22 Project
i��rraeive.doc
From: lee allison
To: Jackson. Cvnthia; Viera. DeLiorah S.; Escohar. Farl: Kralik. Anaie T
Cr. Frank Cudd; Frank Cudd anaela everheart
5ubject: ADP13-0004 DRC Mtg Request
Date: Monday, May 13, 2013 8:58:57 AM
Attachments: ?01_3-0. -1� iri �m nts.odf
Cindy:
We received the attached comments last Friday. We anticipate a DRC meeting this Thursday but
would like to confirm.
If we are not having a DRC meeting then we would like to meet with you, Deborah, Earl and Angie as
soon as reasonably possible. We can meet one at a time if necessary to accommodate schedules in a
timely manner.
It was out intention to make each of the comments expressed as conditions to the Alt ESA. We did not
want to go to the expense of field surveys, tree surveys, HEC modeling, etc. before we even find out if
we can proceed with the Alt ESA and desired site improvements.
Hopefully we can make these conditions a part of the Alt ESA and proceed to P&Z/CC with
pertormance requirements.
However, we can reply to WA2 and WA3 as these would not be pertormance conditions of the Alt ESA.
Also we can word our conditions so that the trees along the stream are left in place even if the field
verification of the stream flow line removes some trees from the stream buffer.
I would appreciate either a confirmation that we will have a DRC meeting or that a meeting will be
called soon to discuss the matters with the staff copied on this message.
I appreciate your help with this matter.
Thanks,
Lee K Ailison, P.E., FNSPE
A!lrson Engineenng Group
4401 N 1-35, Surte 102
Denton, Texas 76207
North Point Office Building
(940) 380-9453 Office
(940) 380-9431 Fax
(940) 391-5456 Cel1
www.ae-aro.com
1llore Thought Per Acre
Exhibit 8
Notification Map and Property Owner Responses
NOTICE OF PU6LIC HEARING
ADP13-0004
Chanqe of Hearinq Date
The Planning and Zoning Commission of the City of Denton will hold a public hearing
Wednesday, A�4a�s1�� March 19, 2014, and consider making a recommendation to City Council
regarding an Alternative Development Plan for an Environmentally Sensitive Area. The 3.71
acre site is located at the northeast corner of S.H. 380/E. University Drive and Loop 288 within
an Employment Center Industrial (EC-I) zoning district.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at
215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200)
feef of the subject property, the Planning and Zoning Commission would like to hear how you
fee/ about this request and invites you to attend the public hearing. Please, in order for your
opinion to be taken into account, return this form with your comments prior to the date of the
public hearing. (This in no way prohibits you from attending and participating in the public
hearing.) You may fax it to the number located at the bottom or mail it to the address below or
drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Cindy Jackson, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
��
In favor of request �
R��� °r�r�����.�� �..�i�i�an.`�`�°
Signature: � : �,�
Printed Name; ���;;� ��r �
Mailing Address, ° "'
City, State Zip:
Telephone Number: �
Physical Address of Property
Please circle one:
Neutral to request
in 200 feet:
Opposed to request
,,.�
: -- ��,, -����--'� .,�'��� �-
C/TY OF DENTON, rEXi4$ CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
zan' P&Z Notice
NOTICE OF PU6LIC HEARING
ADP13-0004
Chanqe of Hearinq Date
The Planning and Zoning Commission of the City of Denton will hold a public hearing
Wednesday, � March 19, 2014, and consider making a recommendation to City Council
regarding an Alternative Development Plan for an Environmentally Sensitive Area. The 3.71
acre site is located at the northeast corner of S.H. 380/E. University Drive and Loop 288 within
an Employment Center Industrial (EC-I) zoning district.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at
215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200)
feet of the subject property, the P/anning and Zoning Commission would like to hear how you
fee/ about this request and invites you to attend the public hearing. Please, in order for your
opinion to be taken into account, return this form with your comments prior to the date of the
public hearing. (This in no way prohibits you from attending and participating in the public
hearing.) You may fax it to the number located at the bottom or mail it to the address below or
drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Cindy Jackson, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
In favor of request
Reasons for Opposition:
Please circle one:
Neutral to request
,w..
m_� .............�.� _.���.
.�,��. .... x ..,�
f� � �;
�..� Opposed to request l�
� �,�
�-� �_ � �� � ��,
���� �'� P\ �'<< � � � ��'��r��� � ,���.�, %�l � `� t�, r,c i�' � �° �,�� r s� ��°-� t".` �a b c.�-�
. F ,
� �B
R
�j ��'`�, � �°� � � �-i �0. _ .�' �° iw%r�, �. �'' r
Signature: �` � r� !��� : � b� ��.�
Printed Name: �����c� � ����-�°��
Mailing Address: �� �'� �, ;� � � r:� �� ��� � � �
City, State Zip: � -r� ��,_ , � �:._ �`� � ��
— ---- — ..._...—.. _ _,
Telephone Number: `` � � ° ,� t" � , �:1 � "�-
Physical Address of Property within 200 feet: ,�e� ___
C/TY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940,349.8541 •(F) 940.349.7707
200' PBr�Z IVOtIC@
NOTICE OF PUgLIC HEARING
ADP13-0004
The Planning and Zoning Commission of the City of Denton will hold a pubfic hearing
Wednesday, March 5, 2014, and consider making a recommendation to City Council regarding
an Alternative Development Plan for an Environmentally Sensitive Area. The 3.71 acre site is
located at the northeast corner of S.H. 380/E. University Drive and Loop 288 within an
Employment Center Industrial (EC-I) zoning district.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at
215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200)
feet of the subject property, the Planning and Zoning Commission would like to hear how you
feel abouf this requesf and invites you to attend the public hearing. Please, in order for your
opinion to be taken into account, return this form with your comments prior to the date of the
public hearing. (This in no way prohibifs you from atfending and participating in the public
hearing.) You may fax it to the number located at the bottom or mail it to the address below or
drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Cindy Jackson, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
In favor of request
Reasons for Opposition:
Please circle one:
Neutral to request
��.,- �����,���� �� ������� ,,.�
Signature: :. �:�w�.�- ���t �� .�. ���..�js� _ _
Printed Name: � ��. ��_ r �` � ' *_� � � ����
Mailing Address r �� c.., � � � �s �, t , ��1�,�..�� �, �, fa:� ��.
City, State Zip: _,�:�w�a ;� . ``�� �` °� t �:: � � �,�, ��?
Telephone Number: � � - -�E, � �gi� 7
Physical Address of Property within 200 feet:
CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
NOTICE OF PUgLIC HEARING
ADP13-0004
The Planning and Zoning Commission of the City of Denton will hold a public hearing
Wednesday, March 5, 2014, and consider making a recommendation to City Council regarding
an Alternative Development Plan for an Environmentally Sensitive Area. The 3.71 acre site is
located at the northeast corner of S.H. 380/E. University Drive and Loop 288 within an
Employment Center Industrial (EC-I) zoning district.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at
215 E. McKinney Street, Denton, Texas. Because you own property wifhin two hundred (200)
feet of the subject properfy, the Planning and Zoning Commission would like to hear how you
fee/ about fhis request and invites you to attend the public hearing. Please, in order for your
opinion to be taken into account, return this form with your comments prior to the date of the
public hearing. (This in no way prohibits you from attending and parficipating in the public
hearing.) You may fax it to the number Iocated at the bottom or mail it to the address below or
drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Cindy Jackson, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
In favor of request
Reasons for Opposition:
Please circle one:
Neutral to request �'Jpposed to request �
���
Signature. �.�'�.��4�-� �.��.��"�"�`
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Printed Name: ..�-�^'�� �° �� a� � �"
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Telephone Number: �i' �-�� - � �'
Physical Address of Property within 200 feet:
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C/TY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
200' P&Z Nofice
NOTICE OF PU6LIC HEARING
ADP13-0004
The Planning and Zoning Commission of the City of Denton will hold a public hearing
Wednesday, March 5, 2014, and consider making a recommendation to City Council regarding
an Alternative Development Plan for an Environmentally Sensitive Area. The 3.71 acre site is
located at the northeast corner of S.H. 380/E. University Drive and Loop 288 within an
Employment Center Industrial (EC-I) zoning district.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at
215 E. McKinney Street, Denton, Texas. Because you own properfy within two hundred (200)
feet of the subjecf property, the Planning and Zoning Commission would like to hear how you
feel about this request and invites you fo attend the public hearing. Please, in order for your
opinion to be taken into account, return this form with your comments prior to the date of the
public hearing. (This in no way prohibifs you from attending and participating in the public
hearing.) Yau may fax it to t�e nuro-�ber located at th� �ottom or mail it to the address belo�,� or
drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Cindy Jackson, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
In favor of request
�s for !�p��ition:
Please circle one:
Neutral to request ;���'' Opposed to request
�
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Signature: - , � _ . ,-.T � �'iY � �.�_ r �
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City, State Zip; - a� ' .=�
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Physical Address of �'r�p�rty �v�thin 200 feet: ,� - ,� � � ��' J �' �i� ,�/'�
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CITY OF DENTON, rEXi4$ CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
NOTICE OF PU6LIC HEARING
ADP13-0004
Chanqe of Hearinq Date
The Planning and Zoning Commission of the City of Denton will hold a public hearing
Wednesday, �Aa�� March 19, 2014, and consider making a recommendation to City Council
regarding an Alternative Development Plan for an Environmentally Sensitive Area. The 3.71
acre site is located at the northeast corner of S.H. 380/E. University Drive and Loop 288 within
an Employment Center Industrial (EC-I) zoning district.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at
215 E. McKinney Street, Denton, Texas. Because you own property within fwo hundred (200)
feef of the subjecf property, the Planning and Zoning Commission would like to hear how you
feel about this request and invites you to attend the public hearing. Please, in order for your
opinion to be taken into account, return this form with your comments prior to the date of the
public hearing. (This in no way prohibits you from attending and participating in the public
hearing.) You may fax it to the number located at the bottom or mail it to the address below or
drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Cindy Jackson, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
In favor of request
ons for
Please circle one:
Neutral to request
Opposed to request���'�-.�
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Physical Address of Property within 200 feet:
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C/TY OF DENTON, rEXi4$ CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
NOTICE OF PU6LIC HEARING
ADP13-0004
The Planning and Zoning Commission of the City of Denton will hold a public hearing
Wednesday, March 5, 2014, and consider making a recommendation to City Council regarding
an Alternative Development Plan for an Environmentally Sensitive Area. The 3.71 acre site is
located at the northeast corner of S.H. 380/E. University Drive and Loop 288 within an
Employment Center Industrial (EC-I) zoning district.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at
215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200)
feef of the subject property, the Planning and Zoning Commission would like to hear how you
fee/ abouf this request and invites you to attend the public hearing. Please, in order for your
opinion to be taken into account, return this form with your comments prior to the date of the
public hearing. (This in no way prohibifs you from attending and participating in the public
hearing.) You may fax it fi� th� numb�i- i�cate� at the bott��n or mail it ta tre address belo�r or
drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Cindy Jackson, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
In favor of request
Reasons for �����ition:
Please circle one:
..,���
Neutral to request ,� �sed to request�
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CITY OF DENTON, TEXi4$ CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
NOTICE OF PU6LIC HEARING
ADP13-0004
Chang_e of Hearinq Date
The Planning and Zoning Commission of the City of Denton will hold a public hearing
Wednesday, �� March 19, 2014, and consider making a recommendation to City Council
regarding an Alternative Development Plan for an Environmentally Sensitive Area. The 3.71
acre site is located at the northeast corner of S.H. 380/E. University Drive and Loop 288 within
an Employment Center Industrial (EC-I) zoning district.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at
215 E. McKinney Street, Denton, Texas. Because you own property within fwo hundred (200)
feet of the subject property, the P/anning and Zoning Commission would like to hear how you
fee/ about fhis request and invites you to attend fhe public hearing. Please, in order for your
opinion to be taken into account, return this form with your comments prior to the date of the
public hearing. (This in no way prahibits you fro�m attendir.g and participating in the pi.►blic
hearing.) You may fax it to the number located at the bottom or mail it to the address below or
drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Cindy Jackson, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
In favor of request
Reasons for Opposition:
.� ��
.�....� �a.
Please circle or�e �F � � ��
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2ii0' �'&�` 1Vokrc�
Exhibit 9
Site Photos
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Exhibit 10
Neighborhood Meeting Memorandum
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www.ae-grp.com
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MEMORANDUM
Date: March 31, 2014
To: File
From: Lee Allison
RE: Neighborhood Meeting Summary 3/29/2014
AEG No.: BPI1301
A neighborhood meeting was conducted on Saturday, March 29, 2014, at 1:00 PM at the
site located at the NE corner of University and Loop 288.
The meeting was arranged after the P&Z meeting that was held on March 19, 2014. This
was in response to the P&Z recommendation that we have a neighborhood meeting. It
was not intended to substitute for any neighborhood meetings that the City may have in
conjunction with a City initiated Comp Plan/Zoning change as directed by the P&Z.
The arrangements were made by visiting with the neighbors in attendance immediately
after the meeting. They indicated that they would get the word out to everyone in the
neighborhood.
A number of the neighbors did not attend the P&Z. Some indicated that they were
informed that the meeting was being postponed.
Bill Cudd, Fran
property owners.
owners.
Cudd, Michelle Cudd Child and Rosemary Lawyer attended as the
About 20 neighbors attended. An attendance list was circulated by the
The neighbors and the owners shared their interest and concerns in the development as
well as a history of the ownership and land use of the area.
Generally the neighbors prefer that the land be developed as residential, park or just left
vacant.
The developer desires to realize a reasonable return on their investment.
Paga 1 of s
� s • • — I — •' • - _ �. _ _ _
�' i�'.°r�j�cF.�i����'I73�/- ����ri°trc=�Q��t'riff��2`��cG Lra�:„��.�aE;�I�Q.°��.���rit��a��a��i2�7�-t}� 2s� ��t�krzt,r»a�r�Q�6 3gd�; 3���r�ri.�ir�c
Both parties are frustrated but were able to express themselves respectfully and
professionally. The neighbors were very hospitable.
Concerns raised by the neighbors included:
FLOODING: The neighbors indicated that one or two homes have flooded in the past.
The primary reason being that the culverts under University were blocked by railroad ties
that had washed from upstream and that the foundations of the two homes were lower
than the pavement elevation. The water backed up and entered the homes.
Also of concern were the lack of channel maintenance and the trees that were allowed to
grow in the last few years. The trees appear to be less than 10 years old. Neighbors
indicated that the trees had grown up in the past 5 years. Someone(s) in the neighborhood
planted a few evergreens when the area was completely vacant. The vast majority of trees
are willow trees that grew from seeds washed downstream and accumulated in the silt in
the channel. These are very fast growing and dense tree stands.
Neighbors were not familiar with the drainage analysis required by The City of Denton
and FEMA. We tried to assure them that the storage volume and the water surface
elevation would not be altered by the "fill" that the developer is proposing. However,
they expressed further concern about what happens when the culverts are blocked and the
water rises above the street elevation. That is a condition that exists and which the
developer did not create. Developer's efforts will not exasperate that condition.
TRANSPORTATION: The neighbors are concerned about the increased traffic into the
neighborhood. There are currently 21 homes in the development including one home on
this site. Existing roads are "stubbed out" to the north and the west. The road to the north
must be extended across a railroad to access Mingo Road or to the east through industrial
property to access Mayhill Road. The road to the west must go under Loop 288, cross the
creek and then cross through Employment Center zoning on several lots before accessing
Virginia Circle. Admittedly this will probably remain the sole point of access for this area
for years to come.
The neighbors did inquire if access to this tract could be directly from University Drive.
The developer's indicated that it would not hurt to ask but had doubts. For instance:
• Spring Valley already provides access.
• There is only about 550 feet between Spring Valley Dr. and the Loop 288 Access
Ramp.
• There is only about 360 feet between Spring Valley Dr. and the center of the
creek.
• There is a median and a left turn lane in University.
• It would not be possible to turn left onto this site unless the left turn lane/median
opening was modified.
• A right turn lane begins just west of Spring Valley Dr.
• TxDOT and City of Denton must approve a drive.
P�e z ot s
ZONING: The neighborhood was recently rezoned from EGI to NR-3. It is engulfed by
EGI, EGC and IC-E on all sides. We are not familiar with the long term zoning history
of this part of the City. The recent rezoning was a City initiated rezoning at the request of
the neighbors. They understandably wanted to protect their home sites. However, it is our
understanding that the DDC protects their home site interest by either zoning or by use.
The developer has an interest in protecting his land use interest as well. This is assured by
zoning.
PROPERTY VALUES: Neighbors are understandably concerned with the impact on
property values. Developers recommended that neighbors retain an appraiser to help with
an objective review of property values. Developer is of the opinion that property values
are currently affected by the zoning. Undeveloped land could be improved to the more
intense uses in the district. Once developed then the use of the land would affect the land
appraisals.
SUGGESTIONS: The neighbors and the developer discussed some options that could
help address the concerns to some extent.
• Remove the ESA designation and allow the channel to be cleaned and improved.
This would make it possible for the developer to excavate deeper and to increase
the valley storage while also recovering additional land. We believe the valley
storage could be increased by 10% to 15% and possibly more while providing
additional area outside of the flood plain. The remaining channel area could be
developed as a neighborhood park This option may even give the developer the
option of acquiring the tract immediately to the west and making it a part of the
proj ect.
• Barring the possibility of a direct access from University Drive then have the City
construct a right turn lane from Spring Valley Dr. The developer would dedicate
that necessary right of way as part of the platting process. Spring Valley Dr. also
serves the property to the north should they decide to develop that area.
• Upon approval of the variance for fill, the developer is willing to meet with the
City and the neighbors to consider a City initiated Comprehensive Plan/Zoning
Change that could be in the interest of both parties.
DISCLAIMER: This memorandum is prepared by the developer to document his
recollection of key elements of the discussion. It is based upon his perspective and he
does not deny that other groups or individuals may have additional or differing details
and perspectives.
Page 3 of 3
Exhibit 11
March 19,2014, Planning and Zoning Commission Meeting Minutes
agreed and stated he would like to see a neighborhood meeting held between the time of this
meeting and the City Council hearing.
Commissioner Brian Bentley motioned, Commissioner Amber Briggle seconded to deny this
request with two notes to City Council; those are as follows: 1). Staff to review the Bell Avenue
Conservation District and their standards of protection, 2). Complete a traffic analysis for this
area. Motion denied (6-0).
C. Hold a�ublie l�earin� and eonsider mal�in� a reeommendation to Citv Couneil re�ardin� an
Alternative Environmentallv Sensitive Area Plan. Tl�e 3.71 aere site is loeated at the
northeast eorner of E. Universitv Drive (U.S. 380) and Loo� 288 within an Em�alovment
Center Zt�dustrial (EC-Z} zonin� distriet. (ADP13-0004, Loo� 288 � Universitv Dr., CindX
Jaelcson
Lockley introduced Marohnic. Marohnic stated a handout was provided during the Work Session
in regards to this item. The applicant is proposing an Alternative Environmentally Sensitive
Area Plan to accommodate a future commercial development. The subject site is 3.71 acres, of
which 2.67 acres are encumbered by 100-year floodplain, with nested riparian buffer. This leaves
approximately 1.014 acres unencumbered. The applicant proposes to reclaim the floodplain with
fill material to increase the development area and potential of the property. The property is zoned
Employment Center- Industrial zoning district. Marohnic provided a Federal Emergency
Management Agency floodplain map; this included the 500-year floodplain, 100-year floodplain,
and floodway. Marohnic provided an Environmentally Sensitive Area (ESA) map that included
where the riparian buffer and undeveloped floodplain are located. Based on the Denton
Development Code (DDC) the applicant's proposal will involve disturbances outside of the
riparian buffer but within the fringe of the undeveloped floodplain.
Staff sent 18 Public Hearing Notices to property owners within 200 feet of the subject site and 32
courtesy notices to property owners within 500 feet of the subject site. At this time staff has
received 8 returned notices in opposition of this request, and one returned request in favor. The
Development Review Committee recommends denial of this request. However, should this
Commission decide to recommend approval of this request; staff recommends four conditions,
which are listed in the staff backup.
Taylor questioned the intended development for this site; Marohnic stated for future commercial
uses. The applicant didn't want the information to be provided in the staff backup because they
didn't want the proposal to be binding. Bentley stated those houses surrounding the property
were annexed into the City not too long ago, there are primarily single-family in that area.
Bentley stated maybe the zoning district applied wasn't the right zoning district to have been
applied to the site.
Lee Allison, Allison Engineering, 4401 N- I35, Suite 102, Denton, Texas
Allison stated, William Cudd, the property owner is present as well. There seems to be some
irregularities in the staff backup. The primary focus at this time for the property owner is to fill
the land and not worry about the use at this time. This project has been in process since March
2013. Allison stated a floodplain model had been completed and a concept plan has been
developed. There are some project issues which are: the spread of water, firm boundary, and
coordination of parameters before preparing a Conditional Letter of Map Revision. This may
result in adjusting the wall by one or two feet fewer. Allison stated the floodplain limits are
unrealistic.
Strange questioned if this variance request is for the fill only; Allison stated correct. Bentley
questioned if any vegetation would be disturbed. Allison stated the vegetation is far to the left of
the wa1L It is five foot outside the stream buffer. Lockley stated the site plan provided is for
illustration purposes, until the applicant can determine how much fill can be added.
Schaake opened the Public Hearing.
Howard Taylor, 213 Willow Stone, Denton, Texas
Taylor stated he didn't want to speak on this item; he is here to gather more information for this
request.
Helen Reed, 3104 Twilight Drive, Denton, Texas
Reed stated they were blindsided by this request. Reed stated their neighborhood is very close to
one another. There is a lot of back up traffic that occurs on University Drive (Hwy 380). There is
a lot of through traffic in the neighborhood that tries to bypass the traffic on University Drive.
This site is within the floodplain, the site flooded approximately 10 years prior.
Trevor Hesleett, 3103 Morningside Drive, Denton, Texas
Hesleett stated the noise and pollution from the neighboring QuickTrip gas station has caused a
lot of issues for them as well as the lights from QuickTrip shine through his house windows at all
hours. Hesleett stated any additions to the area are going to cause more noise throughout the
area. Hesleett recommended having the site zoned single-family.
Sarai Hesleett, 3103 Morningside Drive, Denton, Texas
Hesleett stated her house faces the vacant acres. If anything is added onto those acres her house
will have to face the back of that development. There shouldn't be industrial uses added into the
residential area that exists. Hesleett stated she would like to see a park or community garden
added.
William Cudd, 3504 Falcon Ct, Denton, Texas
Cudd stated he would like to express his apologizes to the property owners if they felt left out in
the process. There aren't a lot of services in the area and he would like to develop some services
for those property owners to utilize. Cudd stated he doesn't want to see a gas station developed
on that space.
Rosemary Lawyer, 3309 Broken Bow, Denton, Texas
Lawyer apologized to the property owners for not receiving any feedback from herself and Cudd.
Lawyer added she supports the neighbors and agrees to their not being industrial uses developed
on the site. Lawyer suggested a bank or equal use that the property owners could utilize.
There was no one else to speak on this item. Schaake closed the Public Hearing. Bentley stated
the staff report is inconsistent in three locations. Bentley questioned a larger scale or volume
development on the industrial use; Marohnic stated yes, on the 1.4 acres it is allowed. Conner
questioned how long the subject site has been zoned industrial; Marohnic stated since 2002.
Taylor stated this area is a strange area, residential was supposed to be done away with in this
area. Taylor stated he doesn't feel this issue could be resolved during this meeting. Taylor
questioned postponing this request to be potentially rezoned to something with neighborhood
resource category. Marohnic stated to possibly be rezoned to a more residential friendly area.
Taylor stated correct; Taylor stated he hates to delay this request. Marohnic stated staff would be
willing to continue to work with the developer. Allison stated this is not industrial zoning, it is
Employment Center Industrial. Allison stated this isn't a zoning request. Allison informed the
developer ahead of time that a neighborhood meeting was not needed since it was not a zoning
case. Allison stated maybe continuing it would be sufficient; it would allow time to meet with
the neighborhood. The developer doesn't want to start the zoning process.
Bentley stated he supports the applicant, at this time in the process it is only to find out how
much land can be reclaimed. Bentley stated he doesn't feel the land is large enough for a
catastrophic use. Lockley stated based on the comments these are issues to discuss in the future.
Lockley reminded the Commission this is for an ESA. Schaake questioned Lockley on his
recommendation. Lockley stated if this Commission proceeds with the ESA with a condition on
the fill amount; then the land use can be discussed later with City CounciL Marohnic reminded
the Commission staff is recommending denial; however should this Commission choose to
approve this request there are conditions to be included.
Conner stated the applicant wants to improve the property. The other discussions could be held at
a later date, and should not hold up this request. Bentley stated he doesn't feel this could be
resolved during this meeting. There does need to be development on the property; however, there
are concerns from the neighbors. Bentley suggested postponing this request to the April 9, 2014
meeting. Schaake suggested staff initiate a zoning request. Lockley stated part of the request
could be made to recommend a staff initiated rezoning. Lockley stated staff would look at a
zoning class and compatibility that would be the best for the area. Lockley stated they could
move forward with the variance and staff works with the initiated zoning. Taylor questioned if
the applicant would like to move forward with the variance with restrictions or postpone this
request to the April 9, 2014 meeting. Allison questioned what restrictions. Allison added the
option is still available to develop the site as it is today. Taylor stated the revision to Condition
four (4), hold a neighborhood meeting before City Council, and staff initiated rezoning.
Commissioner Devin Taylor motioned, Commissioner Brian Bentley seconded to postpone this
meeting to a date certain of April 9, 2014, applicant to hold a neighborhood meeting, and staff
initiated rezoning. Motion carried (6-0).
Bentley requested an overlay map to be provided at the April 9, 2014 meeting. Allison
confirmed. Schaake questioned if this item will have to be renoticed. Lockley stated no, because
it has been postponed.
Exhibit 12
April 9, 2014, Planning and Zoning Commission Meeting Minutes
1 Lee Allison, Allison Engineering Group, 4401 Interstate 35 #102, Denton, Texas
2 Allison stated he didn't wish to speak on this item; however, he is in favor of this request and has
3 dealt with a lot of projects that this request relates to.
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There was no one else to speak on this item. Schaake closed the Public Hearing.
Commissioner Frank Conner motioned, Commissioner Jim Strange seconded to approve this
request. Motion approved (7-0).
B. Hold a�ublie l�earin� and eonsider mal�in� a reeommendation to Citv Couneil eoneernin� an
Alternative Develo�ment Plan for an Environmentally Sensitive Area (ESA) Plan. Tl�e 3.71
aere site is loeated at the northeast eorner of E. Universitv Drive and Loo� 288 within an
Em�lov�ent Center Zt�dustrial (EC-Z} zonin� distriet. Tl�is item was eontinued from the 1�Iare1�
19, 2014 P�Z meetin�. (ADP13-0004, Loo� 288 � Universit ,� Cindv Jaelcson)
Lockley stated this item came before this Commission, on March 19, 2014. The applicant is
proposing an Alternative Environmentally Sensitive Area (ESA) Plan to accommodate future
commercial development. The subject site is 3.71 acres, of which, 2.67 acres are encumbered by
100-year floodplain, with nested riparian buffer. This lea�es approximately 1.04 acres
unencumbered. The applicant was directed to hold a neighborhood meeting. The applicant
proposed to reclaim the floodplain with fill material to increase the development area and
potential of the property. Jackson stated there were 12 attendees present for the applicant's
March 29, 2014, neighborhood meeting. Some of the concerns of the neighborhood area as
follows: potential flooding of home sites, this has been an issue in the past, traffic circulation, the
zoning of the subject site and associated permitted uses, and the effect that future development of
the subject site may have on neighborhood property values.
On February 28, 2014, staff sent out 18 Public Hearing notices to property owners within 200
feet of the subject site, and 32 courtesy notices to property owners within 500 feet of the subject
site. At this time staff has received eight returned notices in opposition of this request which is
42.23 percent, and one returned notice in favor of this request, which makes up 4.57 percent. A
super majority vote will be required by City Council.
The Development Review Committee recommends denial of this request. Should this
Commission decide to recommend approval of this request; staff has recommended four
conditions, those are listed in the staff backup materials.
Conner questioned how long this property has been zoned at its current zoning designation.
Jackson stated in 2002, a city wide zoning occurred. Conner questioned the previous zoning
designation; Jackson stated she can research that information. Lockley stated staff will provide
that information during this meeting. Schaake opened the Public Hearing.
38 Lee Allison, Allison Engineering Group, 4401 Interstate 35 #102, Denton, Texas
39 Allison stated the neighborhood meeting was held, 12 individuals signed the attendance sheet.
4o Their concei�s were traffic issues, flooding, and the potential land use. The neighbors suggested
41 having a traffic signal at the intersection of their neighborhood and Hwy 380 (University Di-ive).
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1 Allison stated that is something the City would handle at some point if they felt necessary. A
2 hydraulic study will need to be completed in order to detei-�nine the amount of land that can be
3 reclaimed.
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Taylor questioned what types of zoning classifications would the applicant accept. Allison stated
he would like to see possibly an overlay, and a meeting between staff, the applicant, and
residents to go over all options. Schaake questioned if there were consensus from the neighbors
to move forward. Allison deferred to the residents to speak on this question. Bentley stated there
are certain zoning classifications that could be detrimental to the neighbors. Bentley stated some
of the citizen's comments were to clean the area; Bentley added he would caution the citizens.
On the Magnolia Place Apartments case, this Commission was under the impression that some of
the trees could be saved; however, all of the trees have been removed. Allison stated it would be
cleaning out all of the trees from the ESA for flood reasons.
Strange questioned if this request is only to move forward with the infill and not rezoning;
Allison confirmed. Briggle stated it seems like the applicant was sensitive to the owner's
suggestions with what to develop within this space. Briggle added she would think the applicant
would be interested in a rezoning request. Briggle stated if the zoning request is submitted it
could run parallel to this review process. Lockley stated the rezoning might not be what the
neighborhood and owners agree with. Allison stated reviewing them parallel would be sufficient,
since with the application in process at this time it is going to be at least 120 days out from now
before any ground breaking could take place.
Strange questioned if the conditions are okay with the client; Allison stated yes; however, they
would like the last condition to extend the time after the City Council meeting. Schaake
questioned if this request were to be approved, would the neighborhood still be included in what
is going on with the land. Allison stated if the City initiates a rezoning request then yes, they
would be notified during that process. Schaake opened the Public Hearing.
Julie Howell, 3108 Twilight Dr, Denton, Texas
Howell did not wish to speak; she is opposed to this request.
Helen Reed, 3104 Twilight Drive, Denton, Texas
Reed stated a meeting was held, and the possibilities of the site were discussed. Reed stated the
neighborhood is having a hard time deciding on this issue since they are unaware of what could
be developed. There is only one way in and one way out of the neighborhood. There are
possibilities of traffic, flooding, and debris. Reed stated she is opposed to development in the
area.
Trevor Heskett, 3103 Morningside Drive, Denton, Texas
Heskett questioned how the 42% of the requests in opposition is calculated. It goes by the
acreage of the lots owned by the residence. Lockley stated based on the 200 feet, just that land
area, and only the area reflected by the residents that submitted their opposition notice in writing.
There might be residents in opposition; however, their writing response is what counts towards
the percentage. Heskett questioned why someone would want to develop in the subject site.
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1 Tony Volner, 3107 Twilight Drive, Denton, Texas
2 Volner stated the issue is that this neighborhood has no idea what is going to be developed in the
3 subject site. There is a lot of fear of what could go in that space. There is no definite plan. There
4 is no assurance or promise as to what will be developed I that space. Volner stated he is opposed
5 to this request.
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7 John Burnett, 19020 Spring Valley Drive, Denton, Texas
8 Burnett stated this subdivision is unique in sense that there is only one way in and one way out of
9 the subdivision. Burnett stated Spring Valley Drive cannot be measured in feet; it is measured by
10 homes, families, and children. These residents are landlocked. Burnett stated they were told by
11 the developer that a business would go in that space whether they agreed or not. Burnett stated he
12 is opposed to this request.
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14 There was no one else to speak on this item, Schaake closed the Public Hearing.
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16 Reece stated the property is already zoned, the applicant is just requesting to reclaim some of
17 their land. Lockley stated that is the request. Schaake stated the concern is with the neighbors
18 and what can be developed in the space. Conner stated he understands what the neighbors area
19 stating; however, the floodplain rising isn't going to be an issue. They are reclaiming the land.
20 Jackson confirmed. Jackson stated the previous zoning district was SF-7; Conner questioned how
21 it was changed to the current zoning district. Jackson stated she is unaware; those staff inembers
22 are not still with the department. Jackson stated Condition 4 has been updated to require approval
23 before this Commission by May 2016.
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25 Taylor stated most of this Commission can't feel easy about this decision since the neighbors are
26 opposed to the request and there is no definite use for the site. Bentley stated he trusted the
27 applicant when he spoke during the March 19, 2014, meeting in regards to getting the best use
28 out of the property for the neighborhood and area. Bentley stated he would like to motion to table
29 this request. Leal stated per Robert's Rules or Orders, tabling an item could let it result in denial
30 by not being acted on. Typically, this Commission can postpone this item to a date certain, or
31 take action on the item. Bentley acknowledged. Schaake stated if the motioned is denied the
32 applicant can still move forward to City Council for their vote.
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34 Bentley stated he would like to motion to postpone this request until an application for a zoning
35 change has been brought forward. Leal stated that motion is acceptable. Bentley stated either a
36 zoning change or overlay. Briggle stated she would second the motion. Briggle stated previously
37 this Commission discussed a staff initiated zoning change. Bentley stated that is correct and fair
38 to the applicant. Lockley stated if this Commission feels to move forward that way with the
39 zoning request; there is the Comprehensive Plan update with land uses; this could address some
40 of the zoning concerns. Strange stated the applicant is here to reclaim part of their property, not
41 for rezoning, this is adding additional steps for the applicant. Schaake stated that is correct;
42 however, there is an existing neighborhood that is concerned about the land area and what
43 development could be brought to the area. Reece stated he fears the concerns are about the
44 neighborhood and stepping out of the range of this Commissions authority. Bentley stated he
45 wants to make sure both parties agree with the changes and recommendation. Schaake reminded
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the Commission this is only a recommendation to City Council; they will move forward with
their own decision. Schaake urged Bentley to withdraw his motion.
Taylor stated he cannot support tabling this item. Bentley stated he would resend his motion,
with a recommendation for denial, Briggle seconded.
Commissioner Brian Bentley motioned, Commissioner Amber Briggle seconded to deny this
request. Motion carried (4-3).
C. Hold a�ublie l�earin� and eonsider mal�in� a reeommendation to Citv Couneil re�ardin� a
St�eeifie Use Permit (SUP) to allow eonstruetion of a wet weatl�er �um� station and detention
faeilitv use on a�ro�ertv loeated in a Nei�l�borl�ood Residential 2(NR-2) zonin� and use
distriet on a�proximately 65.94 aeres. Tl�e subject �ropertv is �enerally loeated west of
Countrv Club Road and KCS Railroad, east of Fort Worth Drive, and south of Bent Oalcs sub-
division. (S 14-0002, Citv of Denton Hielcory Creelc Detention Faeilitv, Nana A��ial�)
Lockley introduced Appiah and Arora to speak on this item. This request is to allow construction
of a wet weather pump station and dentition facility use on a property located in the
Neighborhood Residential- 2 zoning district and use on approximately 65.94 acres. Appiah
provided site photos with the location of the detention facility indicated. The detention facility
would not be seen by the neighboring Bent Oaks subdivision or from the right-of-way due to the
tree line. The tanks will be placed below the existing berm that will help limit the tank's
visibility.
Appiah stated staff sent out 77 Public Hearing notices to property owners within 200 feet of the
subject site, and 147 courtesy notices to property owners within 500 feet of the subject site.
However, the Specific Use Permit was only for approximately 65 acres of the approximately 100
acre site. There are actually 19 property owners within 200 feet of the subject site and 49 owners
within 500 feet of the subject site. Staff received two returned responses in opposition to this
request.
Arora provided education on water basin details. Arora provided a map that indicated the
Hickory Creek Basin, including where the Hickory Creek Interceptor and Hickory Creek
Stations are located. The red line indicated on the map is the major interceptor, which is
approximately a 27 inch pipe. There is a need for a detention facility. The capacity enhancements
need to be made to accommodate the peak wet weather wastewater flows. A Hydraulic Model
for Capacity Assurance was purchased in order to track the water rise levels during a storm.
Arora provided sample storm water rises with and without detention.
Arora stated the facility will only be used approximately one time a year during larger storm
events. During small rain events or dry times it will not be used. A City truck will go out
approximately one time a week to check the facility to make sure it hasn't been vandalized. A
permit is required for the wastewater department to convey all flows to the wastewater treatment
plant without overflows. The proposed detention facility is in a remote location. The land being
used is not suitable for residential or commercial development due to access issues. This project
will save money for the rate payers and serves the larger good of the community. The Parks and
14
s:\legal\our documents\ordinances\14\adp13-0004 bountifid property denial.docx
Exhibit 13
Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING A REQUEST FOR AN
ENVIRONMENTALLY SENSITIVE AREA ALTERNATIVE DEVELOPMENT PLAN ON
APPROXIMATELY 3.71 ACRES OF LAND, GENERALLY LOCATED AT THE
NORTHEAST CORNER OF E. UNIVERSITY DRIVE (U.S. 380) AND LOOP 288, WITHIN
A EMPLOYMENT CENTER INDUSTRIAL (EGI) ZONING DISTRICT 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. (ADP13-0004)
WHEREAS, Lee Allison, on behalf of Frank CuddlBountiful Properties, Inc., has applied
for an Alternative Environmentally Sensitive Area Plan to allow the property owner to reclaim
the floodplain, and exceed the maximum amount of fill material permitted by DDC, Section
35.17.7.C.1 on approximately 3.71 acres of land within an Employment Center Industrial (EC-I)
zoning classiiication and use designation, legally described in Exhibit "A", attached hereto and
incorporated herein by reference (herein the "Property"), and
WHEREAS, on April 9, 2014, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended denial of the requested Alternative
Environmentally Sensitive Area Plan based on the following findings:
1. The developer's alternative proposal did not result in a high quality development
meeting the intent of the standards in the Denton Development Code.
WHEREAS, on May 6, 2014, the City Council coniirms the findings of the Planning and
Zoning Commission in denying this request; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. An Alternative Environmentally Sensitive Area Plan to permit floodplain
reclamation requiring fill in excess of the maximum amount permitted on the Property, per DDC,
Section 35.17.7.C.1, is hereby denied.
SECTION 3. If any provision of this ordinance or the application thereof to any person
of• circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. 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 5. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby dii�ected 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 , 2014.
MARK BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
i, f'
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,/,�
BY: i (�°( lr!�-'z.- -�'`l
Exhibit A
PROPERTY DESCRIPTION
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN
THE W. LLOYD SURVEY, ABSTRACT NUMBER 774, DENTON COUNTY, TEXAS, AND
BEING ALL OF A CALLED 3.677 ACRE TRACT DESCRIBED 1N A DEED TO BOUNTIFUL
PROPERTIES, 1NC., RECORDED UNDER COUNTY CLERK'S DOCUMENT NUMBER 2012-
52545, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BE1NG MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE NORTHEAST CORNER OF SAID
BOUNTIFUL TRACT AT THE SOUTHEAST CORNER OF A TRACT NO. 3(MORNINGSIDE
DRIVE) AND THE WEST LINE OF A TRACT NO. 1(SPRING VALLEY DRIVE) DESCRIBED
1N A DEED TO THE CITY OF DENTON, RECORDED IN VOLUME 564, PAGE 470, DEED
RECORDS, DENTON COUNTY, TEXAS;
THENCE SOUTH O1 DEGREES 02 MINUTES 58 SECONDS WEST WITH THE EAST LINE OF
SAID BOUNTIFUL TRACT AND THE WEST LINE OF SPRING VALLEY DRIVE, A
DISTANCE OF 314.04 FEET TO A 1/2 iNCH IRON PIN FOUND AT THE INTERSECTION OF
THE WEST LINE OF SPRING VALLEY DRIVE AND THE NORTH RIGHT-OF-WAY LINE OF
U.S. HIGHWAY 380;
THENCE NORTH 89 DEGREES 29 MINUTES 02 SECONDS WEST WITH THE NORTH
RIGHT-OF-WAY LINE OF U.S. HIGNWAY 380, A DISTANCE OF 154.24 FEET TO A 1/2
INCH IRON PIN FOUND AT AN ANGLE PO1NT ON THE NORTH RIGHT-OF-WAY LINE OF
U.S. HIGHWAY 380;
THENCE SOUTH 82 DEGREES 12 MINUTES 34 SECONDS WEST WITH THE NORTH
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 380, A DISTANCE OF 334.42 FEET TO A 1/2
INCH IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAID BOUNTIFUL TRACT;
THENCE NORTH 01 DEGREES 15 MINUTES 58 SECONDS EAST WITH THE WEST LINE OF
SAID BOUNTIFUL TRACT, A DISTANCE OF 335.02 FEET TO A 1/2 INCH IRON PIN FOUND
FOR CORNER ON THE WEST LINE OF SAID BOUNTIFUL TRACT AT THE SOUTHEAST
CORNER OF A TRACT DESCRIBED IN A DEED TO KATHY KITCHEN PINARSKI,
RECORDED UNDER C011NTY CLERK'S FILE NUMBER 00-R0047418, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 44 MINUTES 58 SECONDS WEST WITH THE WEST LINE OF
SAID BOUNTIFUL TRACT AND THE EAST LINE OF SAID PINARSKI TRACT, A DISTANCE
OF 27.41 FEET TO A 1/2 INCH IRON PIN FOUND AT A NORTHEAST CORNER OF SAID
PINARSKI TRACT ON THE SOUTH LINE OF MORNINGSIDE DRIVE;
THENCE SOUTH 89 DEGREES 28 MINUTES 41 SECONDS EAST WITH THE SOUTH LINE
OF MORNINGSIDE DRIVE, A DISTANCE OF 484.30 FEET TO THE POINT OF BEGINNING
AND CONTAINING IN ALL 3.672 ACRES OF LAND.