HomeMy WebLinkAboutJune 17, 2014 Agenda% �!
% �, �
City of Denton
Meeting Agenda
City Council
City Hall
215 E. McKinney St.
Denton,Texas 76201
www.cityofdenton. com
Tuesday, June 17, 2014 2:00 PM Work Session Room & Council Chambers
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene
in a Work Session on Tuesday, June 17, 2014 at 2:00 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:
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will
be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent
Agenda. A Request to Speak Card should be completed and returned to the City Secretary before
Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for June 17, 2014.
3. Work Session Renorts
A. ID14-0184 Receive a report, hold a discussion, and provide direction on proposed revisions to
the City of Denton Strategic Plan.
Attachments: Exhibit 1 FY 2013-14 Strateqic Plan
Exhibit 2 Strateqic Plan 6.3.14 (redline copvl
Exhibit 3 Strateqic Plan 6.3.14 (clean copy)
Exhibit 4 FY 2014-15 Strateqic Plan Update June 2014 Council Discussion
B. ID 14-0225 Receive a report, hold a discussion and give staff direction regarding the design and
construction of a west side runway at Denton Enterprise Airport. [ID 14-0222]
Attachments: Exhibit 1 Grant Reauest 2011-05-27
C. ID 14-0245
Attachments:
�
Receive a report, hold a discussion,
preliminary FY 2014-15 Proposed Budget,
Year Financial Forecast.
PowerPoint Presentation
and give staff direction regarding the
Capital Improvement Program, and Five
A ID 14-0259 Receive a report, hold a discussion, and give staff direction regarding the creation of
a Tax Increment Reinvestment Zone for the construction of a Hotel and Convention
Center on approximately thirteen acres of land located along Interstate 35 on
University of North Texas property. [ID 14-0209]
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.
City ofDenton Page 1 Printed on 6/13/2014
City Council Meeting Agenda June 17, 2014
1. Closed Meeting:
A. ID 14-0193
B. ID 14-0196
C. ID 14-0198
Deliberations regarding
551.072; Consultation
551.071.
Real Property - Under Texas Government Code, Section
with Attorneys - Under Texas Government Code, Section
Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the potential purchase of certain real property interests
located in the R.B. Longbottom Survey, Abstract Number 775, City of Denton,
Denton County, Texas, and generally located northwest comer of State Highway
Loop 288 and Audra Lane. Consultation with the City's attomeys 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange
Transmission Line Upgrade Project: Parcel P26 - Geesling Gassaway County, Inc.)
[ID 14-0195]
Deliberations regarding
551.072; Consultation
551.071.
Real Property - Under Texas Government Code, Section
with Attorneys - Under Texas Government Code, Section
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 Caswell Carter Survey, Abstract Number 275, and in the Daniel P.
Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas, and
generally located on the west line of North Loop 288, north of US Highway 380
(IJniversity Drive). Consultation with the City's attomeys 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
attomeys 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange
Transmission Line Upgrade Project: Parcel P33 - Edward F. Wolski) [ID 14-0197]
Deliberations regarding
551.072; Consultation
551.071.
Real Property - Under Texas Government Code, Section
with Attorneys - Under Texas Government Code, Section
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 Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton
County, Texas, and generally located generally on the west line of North Loop 288,
south of Kings Row. Consultation with the City's attorneys regarding legal issues
City ofDenton Page 2 Printed on 6/13/2014
City Council
A ID 14-0203
Meeting Agenda June 17, 2014
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
attomeys 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange
Transmission Line Upgrade Project Parcel P35 - Kim Property Revocable Living
Trust) [ID 14-0199]
Deliberations regarding
551.072; Consultation
551.071.
Real Property - Under Texas Government Code, Section
with Attorneys - Under Texas Government Code, Section
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 Number 817, City of Denton, Denton
County, Texas, and generally located on the north east corner of N Loop 288 and
Stuart Road. 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.
(Denton Municipal Electric 69kV Spencer to Denton North Interchange
Transmission Line Upgrade Project: Parcel C9 - Stuart Property Trust, Sherman
County Inc., a Nevada Corporation, as Trustee and Edward F. Wolski, a married
man) [ID 14-0202]
E. ID14-0254 Deliberations regarding Real Property - Under Texas Government Code, Section
551.072; and Consultation with Attorneys - Under Texas Govemment Code, Section
551.071.
Discuss, deliberate, receive information from staff and provide staff with direction
pertaining to the acquisition of real property interests located in the in the M.E.P. &
P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally
in the 1300 block of North 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 attomeys to the City of Denton and Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal position in any administrative proceedings or potential
litigation. (Mayhill Road Widening and Improvements Project: Parcel M026 -
Habib Pyarali Arab) [ID 14-0251]
F. ID14-0257 Deliberations regarding Real Property - Under Texas Government Code, Section
551.072; and Consultation with Attorneys - Under Texas Govemment Code, Section
551.071.
City ofDenton Page 3 Printed on 6/13/2014
City Council
Meeting Agenda June 17, 2014
Discuss, deliberate, receive information from staff and provide staff with direction
pertaining to the acquisition of real property interests located in the in the M.E.P. &
P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally
in the 1300 block of North 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 attomeys to the City of Denton and Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal position in any administrative proceedings or potential
litigation. (Mayhill Road Widening and Improvements Project Parcel M029 - JNJ
Prominence Square, LP) [ID 14-0253]
G. ID14-0258 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.
H. ID 14-0267
Receive a report and hold a discussion regarding legal and economic development
issues regarding proposed amendments to the economic development incentive
agreement for Golden Triangle Ma1L This discussion shall include commercial and
financial information the City Council has received from Golden Triangle Mall
owners which the City 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
attomey 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. [ID
14-0255]
Deliberations regarding
551.072; Consultation
551.071
Real Property - Under Texas Government Code Section
with Attorneys - Under Texas Government Code Section
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 W. Roark Survey, Abstract No. 1087, J. Severe Survey, Abstract
1164, B.B.B. & C.R.R. Co. Survey, Abstract No.196 and the J. W. Withers Survey,
Abstract No. 1343, all in Denton County, Texas, generally located along a line
running west to east, commencing at U.S. Highway 377 adjacent to the Fort Worth
Drive Substation and continuing to the west right of way line of F. M. 1830 City of
Denton, Texas. 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. (Denton Municipal Electric Fort Worth T 1
City ofDenton Page 4 Printed on 6/13/2014
City Council Meeting Agenda June 17, 2014
L ID14-0269
Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830
Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms
Ltd.) [ID 14-0268]
Deliberations regarding
551.072; Consultation
551.071.
Real Property - Under Texas Government Code Section
with Attorneys - Under Texas Government Code Section
Discuss, deliberate, receive information from staff and provide staff with direction
pertaining to the acquisition of real property interests located in the M.E.P. &
P.R.R. Survey, Abstract No. 927, located in the City of Denton, Denton County,
Texas, and being generally in the 1000 block of South Mayhill Road. 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 M100 - Estate of Eliza
F. Duncan, deceased) [ID 14-0270]
J. ID14-0243 Deliberations regarding Real Property - Under Texas Government Code, Section
551.072; and Consultation with Attorneys - Under Texas Govemment Code, Section
551.071.
Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the acquisition of real property interests located in the in the
M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located
generally in the 500 block of North 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 Denton City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas, or would jeopardize the City's legal position in any administrative
proceedings or potential litigation. (Mayhill Road Widening and Improvements
project: Parcel 70 - 551 Mayhill Joint Venture) [No Action Item on Regular Agenda]
K. ID14-0242 Deliberations regarding Real Property - Under Texas Government Code, Section
551.072; and Consultation with Attorneys - Under Texas Govemment Code, Section
551.071.
Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the acquisition of real property interests located in the A.
Tompkins Survey, Abstract Number 1246, Denton County, Texas, located generally
in the 1800 block of South Bonnie Brae Street, 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
City ofDenton Page 5 Printed on 6/13/2014
City Council
Meeting Agenda June 17, 2014
referenced above where a public discussion of these legal matters would conflict
with the duty of the City's attorneys to the City of Denton and Denton City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas, or would jeopardize the City's legal position in any administrative
proceedings or potential litigation. (Bonnie Brae Street Widening and Improvements
project: Parcel 18 - Thomas) [No Action Item on Regular Agenda]
L. ID 14-0262 Consultation with Attomeys - Under Texas Government Code, Section 552.071.
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; impacts of federal and state law and regulations; impacts of
gas well drilling upon protected uses and vice-versa; moratorium on drilling and
production; other concems about municipal regulatory authority or matters relating
to enforcement of the Gas Well Ordinance; and legal matters associated with a
citizen's initiative regarding hydraulic fracturing where a public discussion of these
legal matters would conflict with the duty of the City's attomeys under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
M. ID 14-0274 Consultation with Attomeys - Under Texas Government Code, Section 552.071.
Consult with City's attorneys regarding litigation styled Shaklee v. City of Denton,
Cause No. 2013-20132-158, currently pending in the 158th District Court, Denton
County, Texas where public discussion of these legal matters would conflict with
the duty of the City's attorneys under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas.
N. ID14-0279 Deliberations regarding Real Property - Under Texas Government Code, Section
551.072; 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.
Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the sale of real property interests locacted in the M. Forrest
Survey, Abstract Number 417, in the City of Denton, Denton County, Texas.
Receive a report and hold a discussion regarding negotiations for a potential
transaction. This discussion shall include commercial and financial information the
City Council may receive from the property owners which the City seeks for the
public use of expansion, construction, maintenance, replacement, operation,
augmentation and improvement of electric transmission and distribution lines,
facilities and structures, as well as substations, (herein the "DME Expansion
Project"). Also hold a discussion with the City's attorneys on the referenced topic
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 ofDenton Page 6 Printed on 6/13/2014
City Council Meeting Agenda June 17, 2014
ANY F1NAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A CLOSED
MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD 1N COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH F1NAL
ACTION, DECISION, OR VOTE IS TAKEN 1N THE CLOSED MEETING 1N ACCORDANCE
WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC
POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN 1NT0 A
CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE,
§551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN
MEETING AGENDA OR TO RECONVENE 1N A CONTINUATION OF THE CLOSED MEETING
ON THE CLOSED MEETING ITEMS NOTED ABOVE, 1N ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall,
215 E. McKinney Street, Denton, Texas at which the following items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and
indivisible."
2. PROCLAMATIONS/PRESENTATIONS
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
4. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of
the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff recommendations. The City Council
has received background information and has had an opportunity to raise questions regarding these
items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent
Agenda (Agenda Items A— Q). This listing is provided on the Consent Agenda to allow Council
Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are
pulled, Consent Agenda Items A— Q below will be approved with one motion. If items are pulled for
separate discussion, they may be considered as the first items following approval of the Consent
Agenda.
A. ID14-0195 Consider adoption of an ordinance authorizing the City Manager or his designee to
accept a Counter offer from Gassaway Property Trust ("Owner"), made by its
Trustee, Geesling Gassaway County, Inc., a Nevada Corporation, for the purchase
by the City of an electric Utility Easement encumbering a 2.9001 acre tract of land
situated in the R.B. Longbottom Survey, Abstract No. 775, City of Denton, Denton
County, Texas ("Property Interest") for the public use of expansion, construction,
operation, maintenance, augmentation, and improvement of electric transmission
City ofDenton Page 7 Printed on 6/13/2014
City Council
Attachments:
B. ID 14-0197
Attachments:
C. ID 14-0199
Attachments:
Meeting Agenda June 17, 2014
and distribution lines, facilities, structures, and substations for the purchase price of
Five Hundred Eighty Eight Thousand, Four Hundred Ninety Six Dollars and Eighty
Eight Cents ($588,496.88), authorizing the expenditure of funds; and providing an
effective date. (Denton Municipal Electric 69kV Spencer to Denton North
Interchange Transmission Line Upgrade Project: P26 - Geesling Gassaway County,
Inc.)
���e����
Consider adoption of an ordinance authorizing the City Manager or his designee to
accept a counteroffer from Edward F. Wolski for the purchase by the City of an
electric utility easement encumbering a 6.8289 acre tract of land being generally
situated in the Caswell Carter Survey, Abstract Number 275, and in the Daniel P.
Culp Survey, Abstract No. 287, both in the City of Denton, Denton County, Texas,
for the public use of expansion, construction, operation, maintenance, augmentation,
and improvement of electric transmission and distribution lines, facilities,
structures, and substations for the price One Million, Seven Hundred Fifty Three
Thousand, Seven Hundred Twenty One Dollars and Fifty Eight Cents
($1,753,721.58); authorizing the expenditure of funds; and providing an effective
date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange
Transmission Line Upgrade Project: Parcel P33 - Edward F. Wolski)
Exhibit 1 Location Map
Consider adoption of an ordinance authorizing the City Manager or his designee to
accept a Counteroffer from Kim Property Revocable Living Trust, a Texas
Revocable Living Trust, for the purchase by the City of an Electric Utility Easement
encumbering a 0.8052 acre tract of land being generally situated in the Daniel P.
Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas for the
public use of expansion, construction, operation, maintenance, augmentation, and
improvement of electric transmission and distribution lines, facilities, structures,
and substations for the purchase price of One Hundred Ninety Six Thousand One
Hundred Eighty Seven Dollars and Forty Four Cents ($196,187.44); authorizing the
expenditure of funds; and providing an effective date. (Denton Municipal Electric
69kV Spencer to Denton North Interchange Transmission Line Upgrade Project:
Parce135 - Kim Property Revocable Living Trust)
Exhibit 1 Location Map
Exhibit 2 C7rdinance
A ID14-0202 Consider adoption of an ordinance authorizing the City Manager or his designee to
accept a counteroffer from Stuart Property Trust and Edward F. Wolski for the
purchase by the City of an Electric Utility Easement encumbering a 1.175 acre tract
of land and a Temporary construction easement encumbering a 0.562 acre tract of
land both being generally situated in the S. McCracken Survey, Abstract No. 817,
City of Denton, Denton County, Texas, for the public use of expansion,
construction, operation, maintenance, augmentation, and improvement of electric
transmission and distribution lines, facilities, structures, and substations and the
City ofDenton Page 8 Printed on 6/13/2014
City Council
Attachments:
E. ID 14-0222
Attachments:
F. ID 14-0237
Attachments:
G. ID 14-0238
Attachments:
Meeting Agenda June 17, 2014
purpose of access, staging of materials and equipment, construction and grading
activities relating to the expansion construction, maintenance, augmentation,
operation and improvement of electric transmission and distribution lines, facilities,
and structures, respectively, for the purchase price of Two Hundred Twenty One
Thousand Five Hundred Twenty Seven Dollars and Twenty Six Cents
($221,52726); authorizing the expenditure of funds therefor; and providing an
effective date. (Denton Municipal Electric 69kV Spencer to Denton North
Interchange Transmission Line Upgrade Project: C9 - Stuart Property Trust,
Sherman County Inc., a Nevada Corporation, as Trustee and Edward F. Wolski, a
married man)
Exhibit 1 Location Map
Exhibit 2 C7rdinance
Consider approval of a resolution approving and accepting a grant from the State of
Texas, in an amount not to exceed $7,000,000, for design and construction of a west
side runway at Denton Enterprise Airport and authorizing the City Manager, or his
designee, to execute on behalf of the City of Denton all contracts, agreements and
documents associated with the implementation of the said grant; and providing for
an effective date.
Exhibit 1 - Resolution
Exhibit 2 - Runway Cost
Consider adoption of an ordinance accepting competitive proposals and awarding a
public works contract for Dry Auger Boring Services for the City of Denton;
providing for the expenditure of funds therefor; and providing an effective date
(RFP 5419-awarded to Mabak Directional Drilling, Inc. in the not-to-exceed amount
of $3,616,897). The Public Utilities Board recommends approval (5-0).
5419-Exhibit 1 Evaluation and �AFC7.xls
5419-Exhibit 2 Pricinq Sheet.pdf
"' I .
5419-Exhibit 4 C7rdinance siqned.pdf
Consider adoption of an ordinance authorizing the City Manager to execute Change
Order Number Three to the contract between the City of Denton and FCS
Construction, LLC for the excavation and construction of Landfill Cells 4AB and 5;
providing for the expenditure of funds therefor; and providing an effective date
(RFP 5256-Change Order Number Three in the amount of $68,420 for a total
contract amount not-to-exceed $3,078,382.64). The Public Utilities Board
recommends approval (5-0).
5256-Exhibit 1 Chanqe C7rder Three.pdf
5256-Exhibit 2 PU� Minutes.pdf
5256-Exhibit 3 C7rdinance Sianed.bdf
H. ID14-0239 Consider adoption of an ordinance accepting competitive proposals and awarding a
contract for consulting services related to the establishment of a regional Municipal
Setrings Designation for the City of Denton; providing for the expenditure of funds
City ofDenton Page 9 Printed on 6/13/2014
City Council Meeting Agenda June 17, 2014
therefor; and providing an effective date (RFQ 5513-awarded to Modem
Geosciences, LLC in the not-to-exceed amount of $185,100).
Attachments: 5513-Exhibit 1 Evaluation and Rankinq sheet.pdf
5513-Exhibit 2 Siqned contract.pdf
L ID14-0240
Attachments
J. ID 14-0244
Attachments:
K. ID 14-0246
Attachments:
L. ID 14-0247
Attachments:
M. ID 14-0248
5513-Exhibit 3 C7rdinance Siqned.pdf
Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the purchase of eleven (11) light duty vehicles for various City of
Denton Depariments; providing for the expenditure of funds therefore; and
providing an effective date (Bid 5557-awarded to the lowest responsible bidder
meeting specification, James Wood Autopark in the amount of $407,131). The
Public Utilities Board recommends approval (5-0) for the utility vehicles.
5557-Exhibit 1-�id Tabulation.pdf
5557-Exhibit 2 Local Preference Resolution.pdf
5557-Exhibit 3-James Wood Local Preference.pdf
5557-Exhibit 4 Vehicle List.pdf
"' l .
5557-Exhibit 6 Siqned C7rdinance.pdf
Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking
on both sides of Oakland Street from its intersection with Hickory Street to its
intersection with Oak Street, 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. The
Traffic Safety Commission recommends approval (3-1).
Exhibit 1 C7rdinance
Exhibit 2 Site Map
Exhibit 3 Photos
Consider adoption of an ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and Denton Black Chamber of Commerce;
authorizing the expenditure of funds; and providing for an effective date. ($1,200)
Exhibit 1 C7rdinance
Exhibit 2 Aqreement
Consider adoption of an ordinance of the City of Denton authorizing an agreement
between the City of Denton and Texas Filmmakers Corporation for the purpose of
expense for the 2014 ThinLine Festival; authorizing and ratifying the expenditure of
funds; and providing for an effective date. ($2,050)
Exhibit 1 - C7rdinance
Exhibit 2 - Aqreement
Consider adoption of an ordinance of the City of Denton authorizing an agreement
City ofDenton Page 10 Printed on 6/13/2014
City Council Meeting Agenda June 17, 2014
between the City of Denton, Texas and Interfaith Ministries; authorizing the
expenditure of funds; and providing for an effective date. ($1,300)
Attachments: Exhibit 1 - C7rdinance
Exhibit 2 - Aqreement
N. ID14-0250 Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of the Highland Street Sanitary Sewer
Line and Drainage Improvements for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (Bid 5535-awarded to
the lowest responsible bidder meeting specification, Quality Excavation, LTD, in
the amount of $357,390.80). The Public Utilities Board recommends approval (4-0).
Attachments: 5355-Exhibit 1 Location Map
�,.=�����1�41�
O. ID14-0268 Consider adoption of an Ordinance finding that a public use and necessity exists to
acquire (i) fee simple to an approximate 1.074 acre tract (the "Substation Tract")
located in the W. Roark Survey, Abstract No. 1087 and the J. Severe Survey,
Abstract No. 1164, both in Denton County, Texas, located generally along the east
line of U. S. Highway 377 adjacent to and east of the Fort Worth Drive Substation
Addition, and (ii) fee simple to an approximate 0.627 acre tract (the "Pump Station
Tract") located in the B.B.B. & C. R. R. Co. Survey, Abstract No. 196 and the J. W.
Withers Survey, Abstract No. 1343, both in Denton County, Texas, generally
located west and adjacent to the G. C. & S. F. Railroad right of way and running to
the west right of way line of F. M. Highway 1830, and (iii) an approximate 0.476
acre ingress and egress easement tract located in the J. Severe Survey, Abstract No.
1164, Denton County, Texas, located generally along the east line of U. S. Highway
377 adjacent to and south of the Fort Worth Drive Substation Addition, Denton
County, Texas, and (iv) an approximate 1.802 acre electric utility and
communication easement located in the W. Roark Survey, Abstract No. 1087,
Denton County, Texas, located generally east of the Ft. Worth Drive Substation
Addition and running to the west line of a tract of land owned by Connie M.
Altemus, called 37.87 acres in deed recorded in Volume 901, Page 777, Deed
Records, Denton County, Texas, (the "Altemus tract") and (v) an approximate 1.793
acre temporary construction and access easement located generally east of the Fort
Worth Drive Substation Addition and running to the west line of the Altemus Tract,
contiguous with and adjacent to, along the northern line, of said electric utility and
communication easement located generally east of the Ft. Worth Drive Substation
Addition and running to the west line of the Altemus tract; for (A) as concerns the
Substation Tract, ingress and egress easement, electric utility and communication
easement and the temporary construction and access easement, the public use of
expansion, construction, maintenance, operation, and improvement of electric
transmission and distribution lines, facilities, and structures; and (B) as concems the
Pump Station Tract, the public use of a wet weather pump station and detention
facility project (the "Hickory Creek Detention Facility"); authorizing the City
City ofDenton Page 11 Printed on 6/13/2014
City Council
Meeting Agenda June 17, 2014
Manager or his designee to make an offer to Burch Family Farms, Ltd. (the
"Owner") to purchase the property interests for the purchase price of Thirty Six
Thousand Dollars and No Cents ($36,000.00), and other consideration, as
prescribed in the Purchase Agreement, (the "Agreement") as attached to the
ordinance and made a part thereof; authorizing the expenditure of funds therefor;
and providing an effective date. (Denton Municipal Electric Fort Worth T 1
Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830
Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms
Ltd.) [ID 14-0267]
Attachments: Exhibit 1- Location Map
P. ID14-0270 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 John Fred Duncan and Benny Carl Duncan, Independent
Co-Executors of the Estate of Eliza F. Duncan, deceased (collectively the
"Owner"), as seller, to acquire fee simple title to a 1.364 acre tract situated in the
M.E.P. & P.R.R. Survey, Abstract No. 927, located in the City of Denton, Denton
County, Texas, and being generally located in the 1000 block of South Mayhill
Road; for the purchase price of One Hundred Eighty Thousand Dollars and No
Cents ($180,000.00), and other consideration, as prescribed in the Purchase
Agreement (the "Agreement"), as attached to the ordinance and made a part thereof
as Exhibit "A", (the "Property Interest") authorizing the expenditure of funds
therefor; and providing an effective date. (Mayhill Road Widening and
Improvements Project: Parcel M100 - Estate of Eliza F. Duncan, deceased)
Attachments: Exhibit 1- Location Map
Q. ID 14-0271 Consider approval of the minutes of May 5, 2014, May 6, 2014, May 13, 2014 and
May 20, 2014.
Attachments: Exhibit 1 M�V 5, 2014
���� ��
,�
5. ITEMS FOR INDIVIDUAL CONSIDERATION — CONSIDERATION OF THE USE OF
EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
A. ID14-0251 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 1.398
acre tract; and (ii) slope easement, encumbering a 0.151 acre tract, for the public use
of expanding and improving Mayhill Road, a municipal street and roadway;
generally located in the 1300 block of North Mayhill Road, each affected tract
located in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469, City of
Denton, Denton County, Texas, as more particularly described on "Exhibit "A",
attached to the ordinance and made a part thereof, (collectively the "Property
Interests") authorizing the filing and prosecution of eminent domain proceedings to
City ofDenton Page 12 Printed on 6/13/2014
City Council
Meeting Agenda June 17, 2014
acquire the Property Interests; authorizing the expenditure of funds therefore;
making findings; providing a savings clause; and providing an effective date.
(Mayhill Road Widening and Improvements project: Parcel M026 - Habib Pyarali
Arab)
Attachments: Exhibit 1- Location Mab
B. ID14-0253 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 1251
acre tract; and (ii) slope easement, encumbering a 0.161 acre tract, for the public use
of expanding and improving Mayhill Road, a municipal street and roadway;
generally located in the 1200 block of North Mayhill Road, each affected tract
located in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469, City of
Denton, Denton County, Texas, as more particularly described on "Exhibit "A",
attached to the ordinance and made a part thereof, (collectively the "Property
Interests") authorizing the filing and prosecution of eminent domain proceedings to
acquire the Property Interests; authorizing the expenditure of funds therefore;
making findings; providing a savings clause; and providing an effective date.
(Mayhill Road Widening and Improvements project: Parcel M029 -JNJ Prominence
Square, LP)
Attachments: Exhibit 1- Location Map
Exhibit 2 - C7rdinance
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Z14-0007 Continue consideration of an ordinance of the City of Denton, Texas, providing for
a zoning change from a Downtown Residential 2 (DR-2) zoning district
classification and use designation to a Downtown Commercial General (DC-G)
zoning district classification and use designation; on approximately 0.184 acres,
located on south side of West Oak Street approximately 104 feet west of the
intersection of West Oak Street and Avenue B, 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 approval (6-0).
City ofDenton Page 13 Printed on 6/13/2014
City Council Meeting Agenda June 17, 2014
Attachments:
B. ID 14-0255
Attachments:
������
�
�� �� . �.��
�
�����
,. *
Consider adoption of an ordinance of the City of Denton, Texas approving an
amendment to an Economic Development Program Grant Agreement dated August
16, 2011 between the City of Denton and GTM Development, Ltd.; and providing
an effective date. (Golden Triangle Mall Incentive). The Economic Development
Partnership Board recommends approval (6-0).
Exhibit 1 GTM 2011-133
Exhibit 2 GTM letter
C. ID14-0256 Consider appointing a nominating committee to recommend appointees to serve on
the Economic Development Parinership Board.
Attachments: Exhibit 1- C7riqinal EDP C7rdinance 2003-258
7. PUBLIC HEARINGS
A. ID 14-0209
Attachments:
Hold a public hearing and consider adoption of an ordinance designating and
describing the boundaries of a Tax Increment Reinvestment Zone Three, City of
Denton, Texas ("Convention Center TIRZ"); establishing the duration of the Zone;
establishing a Tax Increment Fund; establishing a Board of Directors for the Tax
Increment Reinvestment Zone; making certain findings and other matters related
thereto; and providing an effective date. The Economic Development Partnership
Board recommends approval (6-0).
Exhibit 1 C7rdinance
B. SI14-0001 Hold a public hearing and consider adoption of an ordinance amending Ordinance
No. 2014-137, which established a moratorium on the acceptance, processing and
approval of certain applications for gas well permits for gas well drilling and
production activities within the corporate limits of the City of Denton, Texas, and
on applications for specific use permits, site plans, development plans of any nature
or type, including applications for amendments to approved or pending gas well
development plats or site plans, and on applications for Fire Code operational
permits, as they relate to gas well drilling and production activities, by revising
exemptions and variance procedures; making minor clarification changes; providing
City ofDenton Page 14 Printed on 6/13/2014
City Council Meeting Agenda June 17, 2014
a cumulative clause; providing a severability clause; and providing an effective date.
Attachments: Exhibit 1 Draft C7rdinance
Exhibit 2 Redlined C7rdinance
C. Z13-0013 Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, amending the Rayzor Ranch Overlay District, consisting of 410 acres of land
located on both sides of U.S. Highway 380 (West University Drive), between
Interstate Highway 35 and Bonnie Brae Street; specifically by defining and
establishing permitted uses for a new RR-2A Subdistrict; enhancing and extending
the applicability of existing stormwater quality standards for the district; authorizing
limited clearing and grading of 99 acres prior to the approval of a final plat or
construction plans, subject to certain prescribed restrictions; and providing for a
penalty in the maximum amount of $2,000.00 for violations thereof severability and
an effective date. Planning and Zoning Commission recommended denial of the
first portion of this request to create a new subdistrict (6-0) and recommended
approval of the second portion of this request regarding clearing and grading with
conditions (6-0). A supermajority vote of the City Council will be required to
approve the first portion of this request.
Attachments: Exhibit 1- St�ff's An�lysis
Exhibit 2- Site Location - Aerial Map
Exhibit 3 - Zoninq Map
. . . . �.
�.�9�`�1;�1 '" ,
�
�
�
�
,. •
�
8. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
9. CONCLUDING ITEMS
City ofDenton Page 15 Printed on 6/13/2014
City Council Meeting Agenda June 17, 2014
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 goveming 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
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE 1N
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE 1NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED
AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE
CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE
1NTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
City ofDenton Page 16 Printed on 6/13/2014
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0184, Version: 1
Agenda Information Sheet
DEPARTMENT: City Manager's Office
CM/ ACM:
Date:
Bryan Langley
June 17, 2014
SUBJECT
Receive a report, hold a discussion, and provide direction on proposed revisions to the City of Denton Strategic
Plan.
BACKGROUND
In Apri1201 l, the City Council approved the first city-wide strategic plan for the City of Denton. The strategic
plan was a product of the input generated from the 2008/2009 Citizen Survey, two City Council Planning
Sessions, two Leadership Retreats, and a special appointed Strategic Planning Steering Committee.
Following this effort, staff created a Strategic Plan Performance Report. This report was first published in
March 2012, and it is updated on a periodic basis as part of the quarterly financial report. This report is sent to
the City Council in a hard copy format, and it is also published electronically on the city's website for public
viewing. The purpose of the report is to provide staff, the City Council, and the general public with
information regarding the city's progress in achieving targeted levels of performance related to our goals and
objectives identified in the strategic plan.
In September 2013, the City Council approved the FY 2013-14 Strategic Plan for the City of Denton (Exhibit
1). While this document had many new elements, the vast majority of the goals and objectives for the plan
were very similar to the original strategic plan approved in 2011. In addition, over the past several months,
the city has conducted a number of public forums and discussions regarding the comprehensive plan update,
and the results of these discussions need to be incorporated into the strategic direction of the city. In short, the
strategic plan needs to be updated to reflect accomplishments and new priorities identified for the community.
In January 2014, the City Council participated in a two day retreat to discuss a number of issues, including
potential updates to the strategic plan. At the retreat, the City Council expressed general agreement with the
strategic plan revisions that were proposed by staff, but the Council requested additional information regarding
the specific objectives related to each of the revised goals. Additionally, the Council also requested that staff
consider a way for the strategic plan to be condensed into more concise set of goals that could be easily
digested by the public.
Accordingly, staff is proposing the following key changes to the Strategic Plan:
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0184, Version: 1
➢ Incorporate the Community Vision Statement developed as part of the comprehensive plan update.
➢ Replace Key Focus Area (KFA) 3(Sustainable Economic Development & Environmental Stewardship)
with separate KFAs to promote increased emphasis on Economic Development and Sustainability.
➢ Include an additional goal in KFA 4(Safe, Livable, and Family Friendly Community) to provide greater
emphasis on Library, Parks, and other leisure services.
➢ Eliminate KFA 5(Partnerships and Regional Leadership) and incorporate various elements into other
KFAs in the strategic plan.
➢ Develop a list of key outcomes and tasks that will be accomplished in FY 2014-15 to support the
strategic plan.
In Exhibit 2, the proposed revisions to the strategic plan are shown in a"redline" format. Exhibit 3 provides a
"clean" version of the revised strategic plan, and the attached PowerPoint presentation (Exhibit 4) provides an
overview of the proposed changes to the strategic plan KFAs and related goals. The purpose of this discussion
is to solicit City Council feedback on the draft strategic plan revisions. Following this discussion, staff will
incorporate the City Council's feedback into a complete document that will be submitted to the City Council
for consideration as part of the budget process.
EXHIBITS
Exhibit 1: FY 2013-14 Strategic Plan
Exhibit 2: Proposed Revisions to Strategic Plan (Redline)
Exhibit 3: "Clean" version of Revised Strategic Plan
Exhibit 4: PowerPoint Presentation
Respectfully submitted:
Bryan Langley
Assistant City Manager
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
� �
�
�--�
�
�
0
�
O
�
�
V
r
I
M
�
O
N
�
ca
�
ca
u
�
�
�
Q
�
�
�
�
�
�
�
�
O
�
�
�
�
�
Z
O
�
�
W
�
�
c
Y
�
v
�
�
�
�
O
� �
C �
� �
3 �
� o
_ �,
v �
o �
� �;
�s
a� �
� �
�°
�_
.�
m
�
v �
Y �
s�
v p
v �
� �
v �
� Q
w�
� Y
� v
s a
.a' �
i
v
o �
� °
va
� �
o �
��
N
s
�
0
�
�
m
�
�
�
�
�
0
�a
�
�
Q�
V
�
�
�
�l
�
J
a--+
a
�
�
�
�
aJ
a--+
�
�
�
�
O
�
�
0
�a
�
m N
a--+
V a--' �
.� .V
a--+ i a--+
V
Q N �i
` Q N
s ��
V � `
0
N
� � •�
� aJ �1
� � �
� � 2
w o �
� �a
� � O
�
v
V
fa
� �
aJ a"'
� 'i
� �
J N
� �
a ,
�
� �
Y O
�
N �
v
� �>
v
� Y
�
�
�
W
�
Z
O
C�
�
O
W
J
�
�
�
0
�
V
�
�
�
i
a--+
�
M
�
�
a�
v
�
�
N
V
X
w
rB
�
�
a--+
�
N
.�
�
�
i
�
�
�
�
�
�
v
�
L
a--+
N
_ �
L
v �
�
V
� �
�
���'�
��%
��umra
� �i�ll�
�"" Ili
��
�iuuml�
�m�'
�
���JDby,M
����E
r�
i� +�
uuul�yis
�
�
�
Q
N
�
�
�
�
�
�
�
�
�
�
�
�
�
.;
�
W
�
�
�
�
�
�
�
Q
�
41
i
a�
�
v
O
�
O
U
W
�
�
�
�
.�
�
N
�
�
M
�
O
�
�
�
�
�
�
�
�
�
�
�
.�
L.L
�
�
.�
�
�
rB
�� �R���� N
�
�
oiiii%' �
uuuuuu J
IIIIIII �
uuum uum C/�
{
,
+:,, ..
�fl
�
�
�
Q
�
N
i
�
�
�
�
J
�
�
O
.�
N
�
�
�
�
N
Q
N
N
�
�
i
�
�
�
�
�
N
N
�
�
�
O
-
�
�
�
�
O
�
�
�
�
�
v
�
N
.�
O
�
O
�
v
�6
�
ro
.'_^
�
r6
d
v
.�
�
�
�
N
N
�
0
�
N
�
�
O
�
V
N
t
H
�
r6
a �
�
N r6
t �
� ±''
� � `�
O � �
.N � N
> >,
in � +'
}' � V
� � �
� O �
�
� v —
� � �
� � �
V � V
� O �
� a--' U
�Qa�
t .� +�-�
— O �
.3 � �
� � O
ro
� r�6 �
a--�
Q •� O
r6 N
� � �
V
ro ro O
O v� �
a�
�
O
�
�
C
�
O
�
O
c
�
N
a�
N
�
N
�
N
O
�
�
N
C
�
N
�
v
N
t
N
�
O
�
r6
Q
.`_^
�
� �
�6
O �
�
V �
.� O
� �v
� �
� �
� �
O 3 �
� � +,
� �> .'_^
� � �
� O �
'� �
�1 � ro
� � �
� � �
.� � �
`� � v
d t •-
V � Q
� N
� � i1
r�6 �> N
}, O �
� a w
H . .
�
0
a-=�
r6 �
N },
'� ro
� V
� �
O �
� O
v
� � �
� � �
O � �
� � �
Q � r6
� o �
> � N
a--� � �
v +�
O O N
� � V
� � N
O }'
� `^ O
N r�'6 �
� V o
�
� N
� �
N �
� �
O �
Q �
� �
� V
� �
� �
rO },
"' o
� +,
N �
o v
a--� i
N �
v �
� O
v }'
�j N
� ��
� �
� O
•N �
N �
� J
�
v
�
r6
i
�
�
r6
�
O
.N
N
.�
.O
.�
.'_^
�
r6
a
v
.�
�
rO
N
�
�
O
�
N
�
�
0
�
V
N
t
a--�
O
�
�
r�6
�
�
�
O
N
t
H
l6
� v
o•
N �
�
C O
� w
�
O °J
.. �
� �
�
L.¢L (6
Y �
�
� �
�6 N
i1 �
¢ �
"' v
v �
L.OL t�i1
�
Y �
� .v
N �
� �
�
C �
O v
N �
> �
�
� X
� W
�
0
��
� o
v�
� v
� ro
O �
� �
+� �
V +�
N �
t �
a--� �
t �
V .-
t> �
> N
� � O
,n � v
� � �
� � O
N � +�
� O �
N i� �
t � �
� � �
� N �'
� � V
Q � >>
iJ N >
� � ra-'6
O
� t �
— �
> v �
a� °J
_ 0 3
�
�
��
� � �
� Q V
N
i QJ t
�6 a--'
Q � �
� � �
41 � N
� V N
+-� N •-
� � �
� O �
� � v
i N �
N � v � �
Y tr� � � O
v Q
��o3�v
� � � N � � �
N � � r�6 � � �
� p � � i v
� v �
� � O � � � ?` `�
� � � y vUi � � p
O
(6 � � U � � N i
� � � �4J �O ~ V d
N � N � � � � �
� � N � � � in d
� �.°J'Q�`n �v
i � � Y � N � a-�-'
� � O ; N N� N
� �i '� � O t .v >.
w >` � N � � N N
v � },
�.���� o � �
r6 � � �, � t +., �
a--� L.L � 41 a--� N �
� � � � � � � �
Q � � � � N V �
� O
�� N N i � � N
> � � N O �
i � i V — QJ
� J d Q d ��+�-�
i
O
�
4
0
�
Q
�
a:.
N
�
O
�
� l6
� �V
O �
� �
— �
l6 �
� �
� �6
i �
al a--�
� �
N
� �
C �
� O
.� >
O �
Q N
�
� �
�n =
� �
� �
N �
N �
� N
�
V cn
l6 �
��
�6
vi �
N �
a-=� �,
C >
� �
O �
Q O
Q �
0 0
��
O �
� .�
a--� 4J
C C
�
� �
� �
O O
l6 —
Q
� �
�6 �
C
O �
� �
� �
C �
� �
N �
� �
N �
� i
O C
� �
N
� O
� �
� v
� �
a� �
�
c� c
� �
� v
N �
� �
C �
� V
X
� v
'� �
�
O
C O
N
� �
vi
N
v
.�
N
�
�
�
�6
�
N
a--�
�V
�
V
�
�
Q
O
.�
Q
�
�
�
�6
t
�
�
r6
N
�
V
.;
L
N
H
�
Q
�
d
0
�
�
Q
�
�
Z
O
N
�
Q
�
O
�
N
N
Q
i
N
�
0
t
�
r6
N
t
�
�
O
�
t
�
v
�
�
O
i N
� V
� L
� �
� O
� N
N �
V
i O
N 41
� N
� a--�
— C
� �
� v
i N
ro �
� �
� �
O �
� �
X �
N �
> �
— N
N �
� �
— �6
� �
+� O
r6 �
t ;�
� O
N �
� �
� �
C
O �
�� Q
N �
N
� y
(6 �
i �
�6
� °—'
O �
— o
�3 �
� o
O �
� �
N
Q O
O �
� �
V v
N �
H �6
i
V
�
tif
W
�
J
�
�
�
�
�
�
�
_
�
�
�
�
�
�
W
�
. 41
l6 �
N �
� �
ta �
V 0
vf a--�
� V
N �
� �
+� O
L
��
C �
.� •�
� �
N �
N O
Q �
� N
O
v Q
— �
•� Y
�
cn V
C �
N �
��
O
i �
l6 C
� �C
N �
�•
�
� �V
a--� N
�6 �
� �
a--� +-�
� Q
C N
N
� L.Q�
� Y
� �
— N
Q �6
� �
O Q
V N
V �
� V
� �O
C
l6 �
N Y
� �
�> >
� �
v �n
�6 �
N O
� �
� �
� �
��
O
� �
l6 C_1
d N
V �
� �
N �
� o
� �
� �
� �
M v
o �
N iJ
C
O �
C �
v ��
o �
O 0
� Q
V �
� .N
��
l6
N
Q
N
�
v
O
�
�
N
Y
�
�
O
a--�
V
�
V
N
Q
�
vi
>
v
N
�
O
�
C
�
C
O
Q
N
N
0
v
.�
�
�
�
vi
l6
O
�
N
�
N
N
�
�
�
0
N
t
�
r6
N>
>
�
ro
vi
N
�
�6
�
�
r6
�
O
�
v
�
�
N
v
�
�6
�
O
N
d
�
N
Y
�
�
�
�
0
Q
�
N
i
O
v
�
a--�
t
�
�
N
i
.�
Q
�
O vi
� �
t �
V U
r6 �
N �
� O
�
•3 41
�
O �
t �
N a"'
i �
�6 �
V V
ro �
� �
0 0
� �
v �
�
� �
O �
� �
�
'� v
t �
a--� �
� ��
O �
_�
�° �
��� � �
��u�l`� �.
�''��a �
������ ��������������
W
C�
Z
W
�
�
W
�
�
W
�
�
�
O
N
V
C
N
N
X
w
�
C
O
�
ta
N
.�
ta
�
0
�
�
Q
�
�
�
O
�
�
a�
Y
O
�
�
V
N
Q
�
N
�
O
a�
�
�
N
C
�
0
�
v
>
V
N
�
0
�
c
�
c
O
Q
N
iJ
O
v
�
C
�
N
�6
O
�
N
�
�
i
�
C
C
R
N
�
C
0
Q.
N
N
i
R
c
N
N
V
i
�
0
N
N
i
V
i
R
C
�
a,
a1
R
C
R
�
R
O
t7
�
�
O
�
N
Q
0
�
>
0
�
.o
�
O
r�6
�
ro
>
�
�
�
N
i
�
�
Q
�
�
ro
�
N
N
�
N
ro
�
v
v
�
rO
O
�
N
Q
�
�
�
r�6
t
V
�
N
�
N
a-=�
�
C
O
�
`^ O
� �
ro C
Q �
v.
•� v
N �
�
(6 �
� �
� �
v �
� �
� �
ro
i
��
� �
o �
� �?
N �
v �
v
Q �
� �
� a�
� �
�6
Q �
O �
N >
� O
N
� d
. .
�
�
�
�
�
�
�
ro N
� �
r�6 �
� o
� �
N �
> V �
> C �
� •� �
V �
�
i � N
Q� �
v
O N �
� — O
v �
� ' �
Q C �
� l6 �
. � ai
� � �
`� i t
� N V
� � N
� V i
� � �
0 0 �
N �
� � �
i � N
�
� � �
�
�.��
� Q ro
� �
��
� � �
� N N
�1 c�6 '�
� � �
W � �
. .
C
O
� .N
a--� �
� �
� �
a-=� �
� �
O �
� �
� N
ro 41
� O
= C
� O
��
��
��
���
� �,
�� �
o� o
�. �
�� �
N � O
.� � �
rO •N �6
�
0 o v°
�
� �, �
in � � ro
� N � � V
� � V � �
O � +-' r6
+' O Q � �
� +� in v i
�`� i� � >
� � � � O
� N � � �
�
� � � � O
i � � � r6 �
p � � ro +� N
�1 � � � N —
C �
p � � v �
?� � � N i (6
� � � � Q �
>. � —
� U � � � �
� � � � � �
o � a--� v .� �
i � > N � �
Q. 3 O °J � �
s � � 3 � p
� � �
� iJ � iJ
fp '� � � � �
Q' � � v Q v
v•
� v � ro O ro
N N �--% t � t
� �
� � � � � �
N � � N � N
� V Q W L.L W
C7. . . . .
�
O
�
ro
�
i
O
.�
N
�
�
�
�
��
��
o�
:N .�
�
��
�
�
V �
� O
c *�
� O
�; �
� �
� V
m �
= �
v �
� O
��
O �
V
� O
V �
� O
� �
C �
O �
�
V �
� ±-'
�
� o
O �
V �
� �
� �
� O
C
O �
� �
c
O O
•� �
�
� .N
•� —
� �
v
+�
r�
'�
Q
�
i
Q
Q
(6
N
�6
vi
N
�
�
�6
t
V
v
�
�
�
ro
�
O
Q
� �
� �
� �
� �
�
� �
. �
� �
� �
ro �
��` O
v
� �
N �
� �
O �
a--� �
N �
� �N
O �
� O
�
� O •�
Q V N
� �p +�
V
� � �
� H �
� Q� N N
� � ,U i
N 0 i N
� N N �
V � � �
�"°'v
° ° o �
V � � �
� � v �
� �. N
N � � O
� t Q �
� � � �
N � X U
N �
N �
> a � �
> �
Q � a w
. C�7 . .
�
V
N
t
�--/ V1
� O
� �
� �
� �N
� � �
O 'in
� �
� � �
� � t
� +� �
� v ,n
� � v
� � �
� �
� � O
.� O v
'� � Q
'� o �,
� � t
•� � O
� � �
v �
+� �
O N �
� � �
v > a�
O � �
+� O +�
� V �
� � iJ
v
� � N
� a cn
�
�
.�
N �v
N
� �
v`�
�
��o
Q �
. �
V � Q
� O �
O � �
i �
�
� � �
= O �
R
V � �
= O �
� a--� �
ro
� � �
� � v
V N �
f� � �
s o �
_
G1 O N
o ��
� V �
�1 }' O
o � �
O .� •`n
C +, `^
ro �
ro
+��+ O �
N � }'
.� Q r6
'++ O �
� N N
�f1 N +�
� � �
t7 . .
�
N
�
�
�
�
�
N
N
�
N
Q
�
Q
�
O
N
v
�
ro
.�
N
V
�
�
N
�
�I������ ��������������
�����������
��
�������
�����������������
I�
iIW�'�miniiil i�i
iii im
�,����
�������� w�
uuwm���n
�mwoo���°
�nmuni�
��
Illuuuuillluuuuuu
��„
����""�,.
������It�
��'��Up�
uuu dfouuuum
�
�
�
O
�
�
�
N
�
�
�
�
�
O
�
0
0
�
0
\
O � � � � � O
M O O � � O O O
O� � � O �n V � 00 00
N
�
�
N �
� �
�
N
� O +J
in � N �
� � �
� O � �
O � � �
M a"' i V
� � � �
t �1 Q �
3 � ro �
Q � \
� � N �
Q � � �
� N }, �
v � � �
O � �
> > °' i
� �, � �
� � a� �'
O � �n �
� � � �
ro � � �
� � � �
N N � �
i � — �
d � � �
�
�6
�
N
�
�
�
O
�
�
r6
�
�
M
�
t
�
�
�
N �
� O
� �
O �
v Q
N N
N �
�
i �
�
�
v N
� N
41 � r6
� � N
� O •�
i �
o Q �
�
i � N
� O �
N � O
O � �
�
Q V �
i �
W a Z
�
0
� o
� � � �
O �? O O
� � � �
................ ..................... ....................... ...................�
N
�
�
�
N
N
N
�
.N
�
�
�
N
a--�
�
�
�
O
�
O �
>. N �
Q � �
+, O
� � �
O � �
O � N
O � �
� � 'i
N � � �
� � �� �
� �1 _ �
� 3 r6 N
V N � �
� O V
O �
}' V i �
r6
N �
v ° o 0
Q � o 0
v� O O �
� � ro
N � � �
O � � v
� Z Z a
N
� � � �
N N N N a � � � O O O
� � � � V V �
v v v v v_ v_
� � � � � � � � �
� � � � � � �
� � � � � � � � � � � � �
� � � � � _ _ � � � a a 'v
— v
� , �
.� � � �, o
c `^ � � +�
� �
c � � � � �
� � � � `� ��
O � ta �
� r6 � 3 O � �
v v � v �
� .� a', � o c o
� v, p � � • v
� �
� � � N � M �
� +, �
cC O � cC � cC � N
C7 �� C7 Q C7 v v
����
��'����,.
��1,,,�,�
��'��U �
������ ��o�����������
W
C�
Z
W
J
J
W
C�
�
W
J
Q
Z
O
0
�
�.
�,
�
�
�
�
�
�
�
a�
�
v
�
�
�
�
c
V
�
�
d
N
l6
N
Q
�
�
V
O
L.L
�
N
Y
O
v
�
v
N
Q
�
N
�
0
v
�
�
v
c
�
O
�
N
�
U
N
�
O
�
c
�
c
0
Q
N
v
O
v
�
C
�
�
�
O
�
N
�
�
�6
� �
O V
O U
� O
O
t N
N � N +�+
� �
.-. > — �9 +�
N � � .
V � v �
v� O � •,,, a� �
A '-' r6 N �
3 � � �
� � O � �6 V �
� � � � � � O
i V
l6
O �
= � � `� ° � s o
A �,
�
w p N r6 +' O ��
AU N � U �' � �
= � � � � v � �
cC N O � � �p � N
� > � r6 O � � �
a � �n v N�� cC v
N����N>,E�
p � + � � � � � N
L � N +-' > 'a
Q' N O (6 � N � i1 �
�6 i� i Q � y � .
a--, � _ i
+�+ � � � > � N � Q
� r6 •� aJ U � � O
N � N � � � ca � +�
7 � � U � � d � Q
p }, � � +� � � �^ V
v� v � � Q � = � o
i i� � � v N� O�
+, � � � � o *'' +�
N� O N�� N V�I N
•� V � � � � � � �
Q4J Q�.� �� GJ C
� O �
� ro � � � � � tA �
� r�6 � Q•� � Q N O
� � � � � � � � V
� . . . . . . � .
�
�
N
V
V
�
�
.�
�
N
�
�
Q
�
�
ro
�
ro
N
>
0
Q
�
i N
o �
Q V
��
0
� c
� �1 R
� � H
— � GJ
V
O +J �j
� � L
�
� � H
� � �
v }' -
v
� � 7
�
v �
> V1 L
p � O
Q � 'L
� , a�
� Q-
0 3
� N
� � N
� �> O
� � �
� V O
��a
�
o��
w w
R
. . �
�N
� �
� �
`� 'v
� �
'� �
� �
� Q
"' 'v
� �c
� �
v �
� �,
� +�
O �
> Q
� o
v �
� �
� �
r6 �
r6 �
� C
a--� l6
r6 �
N
O N
>
v�i N
� �
w w
. . .
�
v �
��
Q .�
O �
a'� o .�
>
��,�
�>_°;
� �' N
� � —
O � � i
� � � v
�� � � �
� (6 , L
V � % N
� � O i
Q w
i •� � C
o � � �
� O � cC
c
� ��•�
� � � L
� � � �
� � � �
O � Q �
i i
O v v �
� � �
d Q d �
. . . �
�
�
0
�
�
�
�
v
�
v
�
�
3
�
0
�
t
+�
.3
�
� �
O � �
+? � 'v
� '� o
o � �
v � v,
� � v
a�
o � �
N ro Q
N� � a--'
� i � �
� � O �
'i N N �
� U � 'N �
� � N (a �
0 � Q � � � �
� � � � � � i
O � �
� Q V '� ,� � � N
� � � � � �� � �
O O � � � � � �
v 0 in N � �
� � � � � � �
+� �
O � � � p O � �
� N V V U
� %' r6 C � � � �
0 O � � � '� y
p•� � � O O N
� � � � � N ��
H
� � � � r6 fC � •—
� � v Q� �
N
� � N
�'v ��•`-'a o�
o����u��
� . � � � �-� v
cQ�o �v�
'� o � � � i � o
v � � ° �3 a� v �
� }' }' O � cn
o •� — v v a � �
41 � � a-=� ,� � v Q
� N t �� C�
� N iJ N Q N N a1
� N O �
u c � � � 'v
� N O � � � C
� � � � p �
(p (6 V1 (6 ,� L iJ �
� .� '� � � Q, � �
.� � � � .� E � c
N� U � Q� `� N
� � °' o � + � �
� � � � 3 Q. `6 Q
. �
�'X ���u �'�
� � � � N Q. N �
� N � •a' + O ' c
��
�6 `� C �n � � �6
� � Q � .� � � Q
� O � r6 d� O
� � N �� � � � �
� N N � �ro V1 � �
� � � � � � � �
. . . . . � . .
;.
�
.�,�
.
�
W
�
�
�
�.
-.�f.
�`
ti .
�
�
�
�
�
0 0
o � o � °o 0
O � O 00 O O N O O O
O 00 O � � O O � o o O O O O o
� M �r? O � fV �r? � 00 O � 00 �r? �n �n �n
� � lfl N M � 00 M � � � � N N I� 00
� �
� a'_'
O Q �
v� }'
a� c
� � � 3 v
o � � N Q
c � � +, �n
N � � O � � �
C � 41 �-' a--� � �
N +.� �
� c6 +.� � 'Q � N � ,� �
� � � � � � O +� O � � ca
N � N U � � U � � O
Q .� � i +-� � v�
� y N t � � Q � � � N N N �
� c�6 `~ � � � � � � ,�i� � O U O c�i�
N � •� � O r6 N N > N N U � Q �
� � t�i� � Q � � � V 3 � � �
� � � •� � � � � � � +-� 4J � in �
� c�i� � in � �n V � c�i� V N }' t }' �
� +-� � in l6 N N �6 V V 0
� � � � � �r0 � � � 4J +�' � � •� �
O `� � � � � � r6 � � � p i) � �
2 O v� � O O Q O
� � � i N N N 3 N N � � � � N
� � � � � � � � � � � � O O D1
� � � 3 v v v � c � � �` `� � c
� o � 3 � � � � v v � � � � v
Z d � Z � � � d d d J V L.L Z d
................�..............................................................................................................................................................................................................�......................�.............................................�......................�...................�
� � � N N
N N N a--� a--�
N r�'6 r�'6 r�'6 � � N N N
� � � � � � V � � �
r6 r6 r6
� N N N � � � � � � � � �
a--� a--� a--� in in in _ _ v
v rO rO rO rO rO rO � � � � � � d d
�i � � � � � � �n° �n° w � � � V V
a�
�
� �
� � �
v +,
•� '� a
� � V �
� �+ N � �
� � r�6 N �
� — � � � > O
p }, N � �
d � � � U � �
�
M •� rv6 � N � � �n
41 `� rO N �
� Q � � � � in N
� v�i r�6 � � � � �
����,,,,,,,��,
����.
����
w��w ���
����y����U��o�
�
�
W
�
� �
O �
� �
W �
� �
W �
0 Q
� 3
� W
� �
O tA
ZJ
Q
�
�
�
N
N
ro
�
v
�
O
.�
�
w
H
N
7
0
�.
�.
0
�
_
�
�
�.
0
�
>
�
�
N
L
�
C
ca
�
c
N
Q.
O
� �
N �
� �
� 'in
3 a
O �
�1 Q
N �
� O
� V
i
ca v
� �
� Q
ca �
O
C7 .
�
�
�
r6
a
�
O
�6
�
a�
N
Q
�
3
O
�
O
�
v
�
v
N
x
w
�
v
�
�
�
�6
Q
�
0
�
�
i
�
�
O
V
�
�
�
�
�
�
�
�� �
��
�o
��
��
��
�_
�
� �,
�
> �
N �
� v
a� `�
�
� �
v
� �
�� �
N �
� �
,,, v
� Q
ro �
a--/ t
�
� O
� �
� �
ro
O �
�> �
� �
N �
N �
r��6 iJ
� v
o �
� a�
w cn
. . . .
�
�
�
�
0
�
0
�
v
�
�
v
>
.�
�
O
�
�
�
�
N
.�
X
�6
�
0
�.
�
.o
�
�
>
�
�
�
.�
�
N
�
c o
� �
E >
a�
O �
� V
9 �
� O
�
V Q
•� v
w
O v
C >
V �
N N
N �
R Q
7 �
V V�
C
W �
N �
� V
O
C7 .
�
L
l6
d
�
i
0
�
�
0
�
�
x
�
�
0
t z
o°
� �
�N
� y
� j
� �C
O �
� �,
o�
��
N `�
� O
� C
� N
�--� �
Q �
o°
>
��
��
�
��
��
� �,
���
�—�
��_
���
N
� � �
C � �
N � �
+� `^
O � �
� � �
.� � �
�
O N Q
�' }' O
�
i (6 �
� � N
N � �
� � .�
c �
+' � O
� � C
� in O
� � �
Q � c
o � o
� � �
� � O
� V �
�
�
0
�
.�,
_
�
>
N
t
v
ro
�
v
0
N
�
v
Q
N
t
O
�
�
rO
N
N
>
r}'6
v
v
�
N
v
�
�
�
�
N
�
.�
i
N
�
�
.�
�
�
>
�
O
t
O
�
v
�
rO
v
v
�
. . . .
�
�
c
.�
a+
H
3
H
R
a+
C
N
i
O
>
C
N
N
a+
O
O
L
a
R
O
C7
�
�
�
�
�
�
o�
Q i
O �
a--� ai
�
'^ a� �
O � � > c6
v
ro � �n p ,�
� � � i l6
� � � � N
ro � Q� N
� 'ro 4J � �
� � N � O
� � N � �,
O v O }'
� •� � }, 'i
�
� � � � �
�� ��'�
•� ro � v ta
� U � � C
�n O � � �
N N � � �
� o � � v
� � � o N
w � � a w
Mprmp.,�j��rcii��,y,
�' �� �{
��d
����
�,���������������
iill�I'r�'m����nm�
����!
����yyy�
����yy,� �
�aH�������
N�y���,
�n»��
I I I i i, i»»,, i) 1), � o i i i i i o in
iiiin�����rmr
����.
����
w��w ���
����y����U��o�
� �
� �
O �
ZW
�
O
vZ
W �
W �
J
�
m Z
Q W
�
� �
�
�
�
�
�
�
O � �
— = O
o � �
\ \ \ \ \ o � � �
O O O O O O � N O � N
� � � � � � � � � � �
�
N
�
�
.�
�
N
�
0
�
N
.�
�
C
�6
C
�
�
C
l6
�
v
�
�
Q
�
�
�
0
�
O
N
N
�
�
�
�
�
��
��
o�
�
��
C �
��
a �
�
�
O
v
a�
Q
�
�
�
�
m
�
N
�
�
�
�
V
�
�
rO
�
�
�
O
.�
Q
�
ro
�
�
N
ro
�
�
�
N
N
.;
�
�
�
�
0
�
i �
Q �
��
� �,
� a
�
O
� �
� Q
� �
� �
a--� �
� �
c v
� �
�� �
� �
� 3
N �
'j N
N 3
L �
C �
O �
l�6 �
V �
O
Q �
Q �
�
� ��
�
� �
� �
i �
c�i� N rO
��_
�
���
�.,�.��
�
Q� o �
�
o _° o �
����
�
C � � �
�o�—
�. ��
���>
a Q a �
: : : :
t
+�
�
0
��
�
� `� �
ro +� � �n
� v � °�
� � ���
_ Q O �
r O � i
O
O � � Q
�7 � �' o
�
v
�
.�
v
N
i
�
�
N
�
.N
�
�
�
�
�
�
�
�
0
�
�
N
.�
�
�
0
�
�
�
�
0
N
�
�
Z
�
�
�
�
�
0
�
�
�
�
�
0
�
N
�
�
0
�
V
�
�
N
N
�
�
�
>
�
0
�
N
�
�
�
�
�
�
�
.�,
�
�
�
0
N
�
�
Z
�
N
�
N
.'_^
�
�
�
�
�
�
�
�
�
.�
�
�
0
V
�
O
�
�
>
�
N
N
Q
O
V
�
N
�
0
�
>
�
�
r6
�V
�
�
0
�
�
0
�
�
N
�
�
�
�
� �
� �
j j j j O O
p p p p v v
v v v v Q Q
� � � � � �
0 0 0 0 — —
� �
0 0 0 0 � �
w w w w m m
�
a�
�
� o
� �
� >
O �
v �
� v
w •�
N �
ca �
O �
C7 N
����,,,,,,,���
����.
�!°�l �
���w ���
����y����U��o�
�
�
W
�
� �
O-
J=
W �
� 0
W �
0 Q
C� 3
� W
� �
O tA
ZJ
OQ
��
�
�����IIII���������
�������������
mumuum�������� �
��milllluimu�
uuuuuuu�uuuuuum
�
�
Q
�
�
W
�
�
�
W
�
�
�
�
W
�
�
�
�
C
�
�
O
V
�
�
C
N
.�
L.L
�
.�
l6
L.L
�
C
l6
N
�
�
>
J
�
ta
N
�6
v
Q
�
�
v
O
�
�
N
Y
O
v
�
v
N
Q
�
v
�
O
N
�
�
N
�
�
O
N
v
>
V
N
�
0
�
C
�
c
O
Q
N
N
0
v
�
c
ta
�
�
O
�
N
�
�
� �
� v
.N •�
� N
� N
� �
� O
� Q
O �^
+� �
ro �
V U
� �
� �
N �
� �
� C
a--� C
r6 41
V O
.�
� i �
� ; '�
� — � N
O � � �
v � �
� � > o 0
N 'cn a--� U �
� O � � N
i
� � N v�i �
O � +� � �
� C 0 i O
� � � Q N
� � _
� C a"' v�i �
.� � � � �
O
� � � � � C
p ro O
Q � � � � C
y N � �
� > � �� .� �
�
+�-� � O '� * � i+
� � '�, � � =
Q }, � � � U
� 0 N � � N
� � � N � �'
� N � � Q C
� � � = 3 t v�
� � � V r6 � �
7 � �N � � p 0
��
� �����s
� � � ,}'n O
� O cn N �n �
aVi o a, . � � s
v_ �
L �
� a--� ��
� � � � N � �
� � � � � Q A
� � N � � � i�+
w O •� � � � cC
N v �� Q � N
� �� s
� +� Q � � � �
� � O � � � c�C
Q, � Q C� t i
V � � N i � N
i �, �� � Q � �
s � ° � � � � �
W � � � � � }' Vf
� � � � �
� Q v v ta v�ro N
�w �cnw�� �
� . . . . . �
�
�
�
�
O
v
N
t
�
�
.N
N
a-=�
�
�
i
�
Q
Q
�
r6
�
� o
�
� �
� v
� � �
iJ �i �
N
7
� � �
� O �
� � � � �
O p ��s }'
+� }' N O +'' �
� � � O L v
V � � � � dj
Q� 'N O v�
X O�� v �^
N � Q � • N
� U � '� i N
� N � � f�/l O
O
� � � � � �
� � t � O �n O
� O ,� o O � Q
° �, � •� o � °
� v � � � O �
N+� � c6 s i N
� � `� 41 =� � '�
� � � � � i N
� � O C
� � �= � N > �
cn r6� ��� O
�o.�o�N��
i •> � � a� � �' �
N� N C v� U �
N t� a-=� � a--� iJ N
N � � � � � � �
� � � � �p � r6 O
v>: � N � `n �>
�
i 4J � � VI � .� �
o — � L ai
c � � � � o � �
ro � � � � �
4J O �
� 'j = C . � N �
o � � •� � v � '�
v �' �
� N r6 N •� � Q �
''��av���
N p� �>� � r6�
� . �, �
�� �
v� v � o� v�
� p� p L v� O
ro Q a a--' •
�> � � Q � > �
d d w v�1 �� d d
. . . . � . . .
�
r6
>
�
N
�
�
�
ro
�
�
v
>
N
�
�
�
�
0
v
ro
�
�
�
�6
O
�
O
Q
�
O
V
�
�����Illl����uu�
���uuuuu
i uuum�10u
u
uuuuuu�uuuuw�
uuuum��
��������������
III��������������������������������
����������������������
�����IIII���������
������������������������������
�
�
�
�
�
�
�
O
�
�
�
�
Z
W
�
�
�
■
o rn
o � o 0 0 � o �
O � O � O �? � �
� lfl � I� � O� � M �
�
�
�
�
�
�
0
�
�
�
�
N
N
�
N
�
O
t
�
r6
N
�
O
N
�
�
z
�
�
i
�
Q
v
�
�
N
�
N
�
�
O
t
�
�
0
�
�
�
�
�
�
�
�
i
O
Q
N
N
�
v
�
�
N
�
ro
� �
N
i +'
N �
a �
i
N
N
t
N
ro
�
.�
Q
�
O
�
N
�
N
t
a--�
ro
�
N
�
�
0
�
�
�
.�
�
r6
�
�
N
a--�
r6
N
�
ro
N
N
i
r6
�
.�
�6
N
>
J
�
�
�
�
�
v
�
�
O
V
�
N
�
�6
�
v
v
�
V
�
�
O
N
�
�
z
d I d I d I d I d
N
� �
N �� �
N � � O
i ! +' �
p +� � O
N � � N
� � i
� � p �
c ro �
� � � O
'^ � V
> � � i^
� � � X
C � � N
• � H
O •v +J N
� t
� � � O
o� ""
Q ° ��
� ��
� o ��
� � � .�
v �, � �
� v o �
L Q
� � N �
� O � +-'
y � Q �
N � � 3
N O �
> +� � � O
+' � � v cn
� Q � �
O � � � � v�^i
t � � �
41 � � '- U
D1 O � O ro �
ca � � � � .O O
}' N � N � a--� Q
� V
v � U � � � N
� � � � � � (6
a Z n Z.�a V
a--�
i
�
�
V
ro
Q
�v
.�
iJ iJ iJ �
L.L L.L L.L G
V �
� �
�
Q �
V �
� O
� v
t �
� �
w }'
. �
� �
ca }'
O �
C7 �
�
�����IIII���������
�������������
����������������������
�����IIII���������
�������������������������������
�
�
�
�
�
W
J
m
Q
W
�
�
J
�
W
L`
Q
�
����������������������
�°�����������������
���°��������������������°�����
�
�
�
�
�
�
�
O
�
�
�
�
�
W
�
�
L`
.
�
�;. ,
�*�f
�'
�.,
�
�
�
�
W
Z
�
�
�
�
Q
�
�
v
�
�
v
J
l6
c
O
.�
N
�
�
C
�6
N
Q
�
�
L
N
C
�
a
�ri
�
a�
Q
�
�
v
O
�
�
N
Y
O
v
�
v
a�
Q
N
N
�
O
N
�
�
N
C
�
O
�
N
>
V
N
�
O
�
C
�
C
O
Q
N
N
i
0
v
�
C
l6
�
�
O
�
N
�
�
N
i
O
�+
R
N
._
R
a1
i
0
�
�+
C
N
�
C
i
�
O
�
_
O
_
�
C
R
R
a+
N N
9 � � �
++ . _
fC v +' i
� � � N >
C � •i � 0
� � � � a1
R �
� � O � r
� � 'N °' 3
w O �n � �n
� +� �1 � Q.
c � �� t
R � � C N
� � � N O
� a--�
�6
+�+ � �+
N��N�
� N � N i
R � � � �
0 � � � �
•� � � c�6 '�
i rO � 0 N
N
C � � � N
.� � � � �
� _
c*�C t •� c�n ca
� � � � N
�� 3 � �
++ N (6 �
L � � i �V1
= O � .� •�
i
9, � ro v .
R
� �
++ .� 41 N =
Q � ° � �
� � �
� �ro O � N
� � a a �
O O
C7. . . C7
V
N
� N
QS �
L O �
U � O
- N �,
J � +-'
Z � N
J O �
� •
� `6 v �
c .
lJ •� � N
N � �
�
�
� �
v —
V 0 •� v
z Q � O
H � � �
� O � �
� � � �
�
� � i � C
i }' � � O
a� � � � +,
� � � � v
� v C O �
O r6 ca V �
v � . � a�
� o � v �
O
+� � � V
i � 0 � O
� � l�6 � �
� � c v �
� � N � �
a--� cn
V � � � �
��No=
= +� cn
U ` � �6 C
� � � N O
N O .� �� +�
� a--� � �6 �
� �6 i1 � �
� � � O
v � c v 'v
� � O � �
v�i � a-=� � �
� ca +, C
Q � •� � �
v
V •� i Q =�
� l6 l6
� � Q N �
� � � � �
>. '— ta O �
� � N �
� �6 � � 41
a--�
+r6- '� p i� �6
� v Q� >
.� i Q = ±�
� a v�1 m V
�
�;
�
�
�
�
�
�
�
W
0
Q
W
J
�
�
�
�
�
O
�
�
�
0
N
M
a-+
Q
v
�
s
�
�
O
s
+�
M
0
N
�
�
v
O
0
�
N
�
�
N
+�
x
v
�
�
�
M
�
O
N
�
�
�a
u
�
�
N
�
c6
�
O
�
U
fp
�
�
c6
ai
�
O
�
�
0
�
v
�
�
�
0
v
�
c6
�
v
s
H
vi
L.aL
Y
v
s
+�
�
s
�
.�
�
�
N
v
v
�
�
�
�
.�
v
s
v
c6
�
O
�
O
s
�
v
�
v
s
+�
N
�
.�
O
Q
�
�a
O
�
N
N
�
�
�
�
c6
�
O
.N
N
�
�
O
.N
�
N
s
+�
�
0
�
v
�
�
�
v
�
�
N
s
�
v
�
a-.+
fp
�
.�
�
�
0
�
c6
�
�
�
0
�
�
c6
�
v
+,
�
�
O
N
�
H
�
�
�
�
N
i
H �
u v
O �
� �
A�
N �
� �
�
N
�
�
�
N
�
.N
N
>
�
u
N
�
O
�
�
�
�
�
O
�
v
�
�
�
�
�
�
�
�
0
u �
� �
� M
•- �
� O
� N
� �
� �
�-
� �
� N
� �
V �
� O
� �
+� �
��
U �
� �
��
O �
� �
� �
N �
� �
� �
v �
� *'
�
vl N
i �O +,
*+ �
� �
u �
c �
a� `�
u �
� u
� �
� u
O �
� ��
a •�
��
� u
�1 w
v
�
O
t
�
N
�
�
N
�
�
U
N
�
O
vi
fp
O
�
N
t
�
O
�
Q
�
�
�
o �
� v
� �
v �
�, o
� .�
� >
� �
O N
iJ �1
� .�
� �
� �
� �
m U
�s
�
o �
� o
v N
t �
+� v
� v
� �
'� v
�s
+�
t �
U N
� N
� �
O �
� *'
v
� �
u +�
N �
N
� O
v �
O �
� �
v `�
� v
> >,
O �
Q �
> �
u �
�
� �
O .�
Q �
_____-__ w °
¢ o
w�O
Q T
Q 3
�.. � 3
rn •
O�
ro
U °�
a�
a�
m
� C�.� r
�� L o
0
w o�
n 0
ao
�
KFA 1: ORGANIZATIONAL EXCELLENCE
Goal 1.1: Manage financial resources in a responsible manner
Objective 1.1.1 Utilize benchmarking, performance measurement, and progress evaluation to improve
operations
Objective 1.1.2 Develop and implement long-range strategic plans
Objective 1.1.3 Provide timely, accurate, and relevant financial information
Objective 1.1.4 Ensure adequate internal controls are in place to prevent waste, fraud, and abuse
Objective 1.1.5 Manage enterprise funds to achieve financial self-sufficiency
Objective 1.1.6 Minimize fees and rates that are charged to our citizens and customers
Goal 1.2: Develop a high-performance workforce
Objective 1.2.1 Create succession and workforce management strategy to ensure organizational sustainability
and continuity
Objective 1.2.2 Attract, retain, and motivate qualified and diverse staff to ensure consistent implementation of
established vision
Objective 1.2.3 Establish a culture where employees feel valued and respected
Objective 1.2.4 Facilitate open inter- and intra-departmental communication and collaboration
Objective 1.2.5 Establish a culture of accountability at all levels of governance
�I�p�„��u�� �..� � .... ��pp�p��u �...������ p���u �u�up���„�u�u� uu�....p ��„u�u�„��Ilk ������r u����u�.p���ll ��u��� uu���u u�.���u�u���.11. Il�u �����u�u���.11
.�.II:�.��..R�'..!�I.�.��.�.!�I.�.ii�.�.
Goal 1.3: Promote effective internal and external communication
Objective1.3.1
Objective 1.3.2
Objective 1.3.3
Maintain on-going staff communication with City Council, Boards, and Commissions
Utilize both traditional and non-traditional forms of communication to disseminate accurate
information
Actively seek feedback from citizens and employees, in order to identify and implement
programmatic changes, as appropriate
Goal 1.4: Achieve high level of customer satisfaction
Objective 1.4.1 Provide exemplary customer service
Objective 1.4.2 Ensure all customer interactions are conducted in a professional and courteous manner
Objective 1.4.3 Respond to customer inquiries in a timely fashion
Objective 1.4.4 Provide convenient methods of conducting business with the City
Objective 1.4.5 Seek creative means to help customers achieve their goals
Goal 1.5: Utilize technology to enhance efficiency and productivity
Objective 1.5.1 Develop information technology systems to automate routine processes
Objective 1.5.2 Utilize data analysis to make informed management and operational decisions
Objective 1.5.3 Reduce reliance on paper-based systems
���III �.�m ��Illlll�lll���im��� �lii�lll°m III���III oim� 'm�oi�m�lll ����� �oi�m� ����oim�lll ��oim�oi�m�oim�
........................................................................................................................................................�.............�........................�.......................................................................................�I......................................
�I�p�„��u�� �....Q� �. .... �.��uu����uu�', �,�u��ll��.�u� �u�„II� ������...��u��,� �����u ��II �,�„�Il�����u�u� ��u���...p ��„�ull���„�u� ���„�u��u��
�I�p�„��u�� �....� � .... �.p.:�u�n���.I�u ��u�u�',.�u��ll II��.!°I�II���u��..���„�u���.�� ��u��� �„�u��„u��„�u�u���II..V.. "
�u u�u u�u.��.
�I�p�„��u�� �....Q�.� .... ��uu ��u� ����:��u�.. V 1„�u� ��� �„I��. �����„� ��u��,� �„��,��u ��II .I.�.��II
.. " . x x x��u�����i.
�u�.�u� x x x x x x�
�I�p�„��u�� �....� � .... ���u�u�ull���„�� uu� qrv��u�u���..11.k ������.� u����u�„ii���ll� ��u�',.�,� uu���.... I°�u�u��.... .... ',�����.M
rv � .
uu����u�u�.��ll ����I..p. ��� �. ..�..���.. ����.
. I I.. �. �. �. M.... �". �. �. �.
Revised June 3, 2014
KFA 2: PUBLIC INFRASTRUCTURE
Goal 2.1: Optimize resources to improve quality of City roadways
Objective 2.1.1 Manage City street funding based on Overall Condition Index (OCI) methodology
Objective 2.1.2 Develop a long-range strategy to transition street funding to achieve the OCI criteria
Objective 2.1.3 Improve the design criteria for all dedicated roadways
Objective 2.1.4 Maintain an acceptable level of service on all City roadways
Objective 2.1.5 Design and construct all capital street projects on a 40-year design life
� ::. ....°. .� .......". . .� ....� .....:...................................................... �... ����� .��..�....:���a........o- .� .... . �..�.....".."... .... ����...�...� .....:���a. . .� . e. ......". .:���a.... � .:���a.��..�.. �:.q:�
�I�����u��.....�..� �..�p��,����� �II�� �c��w�w�� ��u�w�m ���w��u�� ����u�
Goal 2.2: Seek solutions to mobility demands and enhance connectivity
Objective 2.2.1 Coordinate with DCTA to provide effective multi-modal connectivity
Objective 2.2.2 Coordinate with TxDOT to maintain and enhance the state road network
Objective 2.2.3 Improve walkability/pedestrian access
Objective 2.2.4 Encourage and improve bicycle mobility
Objective 2.2.5 Enhance aviation infrastructure at the Denton �ii���„p„rvll�„p„rv„i°i�„� Airport
�I�ii���fi�� �.�.Q� �..�u��,����� �II�� ��I�fillfi�w� �Il��u� ���urv� �fi�� w����urv�
�Il�ii���fi�r� �.�.� Ilu��urv����� �II�� ���fi�fi�u��w� c�� �xfi��fiu�� urvc���a�����
Goal 2.3: Promote superior utility services and facilities
Objective 2.3.1 Plan for long-term resource acquisition and development
Objective 2.3.2 Assure regulatory compliance and legislative oversight
Objective 2.3.3 Protect public health and provide reliable service
Objective 2.3.4 Ensure operational and environmental sustainability
Objective 2.3.5 Effectively maintain and operate municipal facilities
Objective 2.3.6 Develop and support rates to provide funding for strategic objectives
Goal 2.4: Manage drainage infrastructure
Objective 2.4.1 Require new drainage infrastructure to design 100-year flood protection, based on fully
developed conditions
Objective 2.4.2 Rehabilitate existing drainage system in compliance with 100-year flood protection criteria
Objective 2.4.3 Develop funding mechanism to rehabilitate inadequate drainage system components over a 20-
year period
Objective 2.4.4 Require finished floor elevation certification on studied and unstudied drainage basins
Objective 2.4.5 Maintain street sweeping in compliance with municipal good housekeeping management
practices associated with storm water regulations
Goal 2.5: Develop Capital Improvement Program (CIP) based on community needs
Objective 2.5.1 Manage existing and future infrastructure needs to meet projected growth trends
Objective 2.5.2 Develop and implement financing plans for identified infrastructure needs
Revised June 3, 2014
KFA 3: �..� �� �'���'—ECONOMIC DEVELOPMENT�.dIP.'�.�'�...�' d�'.�.114.�.�d�'..II6�.III'l.11p.�:�°:,�.�..��°:�'.��.III'����.III'1�.�.��.II4.IIG�
°� .. ...: ...:....m.... � . ... . �. ��...:�. m .. .... : ...... .'. �. . ��.. . ... ... . �. . ........ .... .'... m. �. .'. �. . �� .. . . ::. ��.... .... . . ... .. m. .. . ...:". .:". ��.�
���� ���m ���oi���,� �,m������ ����Ill����oi������� �oi�� oi�������������oi�� ����������oi�ui�ui�..�
�I��.�.��u�� �.�..�. .... ��.p������� ��w�I��.urv.���m�u�,�i°i.�.� �II��.w�
�I��.�.��u�� �.�..� ... �.����a��...����u�,�.��w�m �u�.p���u��.u�,����w�u�,..�ll��u�, �.��..�..��..�
�I��.�".��II��" �.°,�..� .... �°P..II'(311i�"1T1��.�Ili�"1u��"�...�uIIT1��.II1!�II��1���II...������u:d��."�"Q^�u IIII1! u�.�u�u�"�u�u�.pli.(� ���"�,"�^.II(3���1f��.{I1!� II�II(3.II.���.�
�I��.�".��II��" �.°,�..� .... �°P..II'�"�uQ^II."�r�". u:dII1!�� II�°u:dll���u:dll��. ���"��T1�".�.0 "���"���°��LPII �"�u u�.���� ����.�.���"Q^ �II1! ��Q^II1!�T1°��
�I��.�".��II��" �.°,�..�"T .... �.{Ili�(3��� u�.��" Q^II1!"�".�.�"T1���1�.�".���u:dll�� "�.�LP"��u��ll1!u:d.l�ll�" �;�.�"."�"Q^II(3��II�.Q^II1!�M �°��°�u�ll1!�"�u�uM..u����� �°����u�ll"�LIIG°��T1111! II�II".u,dC���4^.�
�I��.�.��u�� �. �..� .... �.��� �w ����fi�� u��a�w�m� �� Il����p�.��a��c�u�.�u � ���Il�,.u��� �.Il�,.�wu ����.II���
����....�.�..;�,m....11l'l ���.��.�m���.�...���.�.oi����:�.iii.�....�.�.�.��.114�.�p�oi��.�.���
�Il��.�.��u�� �.:�.�. .... �.wrv�����: cc�u�nl��wrv�.���:u���u��. ��c�u�,.�.w�i°ic �����:Il�p�w��w�m� i°iw���w�m�u.�.�..p�c��i°ic�...�� u�na�.�e.ww�u�� urv���uwrvw�m.�.u�,.
.i°i.u�,.�.�.��.w�.�.w�.�....�.�...�.�.u�.w�.�,u.ii�,.i°i.�.�
�I��.�.��u�� �..,� � ... ��.�����p�....u���u Il���wu��� ���c�wrv� ��.I��ufi��� c�u�� ��Gw��w.u��� �����.�.�
�I��.�.��u�� �..:�.� .... �.wrv����� dl.w����u��w w��ll ���w Il�...������u:..�lla�w�m� i°i.���u���w��ww�m� �Il����.11��u����.� u�w�m�� �.Ip�ll��urv��aw�mw�w�� ��wrv ���aw�.�,� �wrv�.�.�.11�,
�I��.�.��u�� �..:"�.� .... �.���a� �w� ��c�w��w�u� ��.�.��IIc�II�u��u��� ���c�u �� ���u�� �u��II�,.��u���� �.II�,.� �����.Ilc�p�w��.u��� c�� �.II�,.� W.�u�,.i°i.�.�wrv�w�� ��
.�.�.ii:.�.II�,...::�::�.�G.u�.�...��.�.��.�.�.�.�rv�....�.u�.�rv.�
�I��.�.��u�� �..:�.� .... �.��� �w ����fi�� u��a�w�m� �� Il����p�.��a���w��u � ���Il�,.u��� �.Il�,.�wu ����.II.�
::: ... .°. . ..... ..° . . . ....: .....�..... .. ................................................ ... rv.: x. ....�: . ...... rv .. . . .. .. ... .. . .... .°.� .°....:.. rv...°. .. . . .. .� ... rv. ....°. .. ... ... .: x.... ...:....
�I�����u�� �......� Ilu�,�w�.���� �wc�����m c���w�w��w ww�m�,��a��w� uw�m ���.u�,��u��
����....�.�..�.m....IIG �.oim���:���.��...�.��.��.�m�.oi�.oi� ���.�i�,.�.��...,�.�.����.�.oi�.���.iii.�.iii.��
�I��.�".��II��" �..�w.�. .... �."��u:dl�llll�u°��°�u���u�u�.�.��u���llll�."�".�T1u���u..u����� u�C.�.�T1��.�
::: ....°. • .......". . • ....: .....�....� ......................................................:..:.. .: a......:......... ...... ... ....:. • .,..".......... ......".:... ....i......"....
�I�����u�� �.�..... Ilu�l��u ���. ���u�� u�w�m�,� u��uc�w�mu�� u�wu ��i��llw��
�I��.�".��II��" �..�w.� .... .�.u%Illiud(�Q^....Illiu���LIIII u:d.11 II �"�uT1��°�'�Q^"� � 4^.�II�(3���u�.�.�.�,r
�I��.�.��u�� �..�.� .... �..urvc��w���...p��a��fi�.����a����.i°i.�u�� a�u����...ww�m�c�dl.�.�u��u���...�yll�ll�c�urv�.�uu��u�w.�.�
�I��.�".��II��" �..�,�T .... �.{I1!�u�Lll� Q^ �.I"I.{Iliu:dlll!Cllu:d.11° �IIIi�Q^�II:.{I�� (31�.�.���u�u�ll��u�.���ll�"�" �^°��T111"�.�
���III �.�m III':����III� ��oim: ���� ��Wlii�lii�� �oi�m� liioi�m��oi�m�lii��� �� ��Ill.mlii��� ���'�oim�� ���oi�m�oi�°�lii� : mm���lll.m
................................................................................. �................. �......................... �...................................................................................................................................................................................................................................................... �.............................
�Il�ii���fi�r� �.1..�. �����Il�llfi�ll� �� ���urv��� urv���fi� �� ��u�nu�n�urv�fi��ll ��u�u�urv��fi���� �r��ll�u� urv�ll���fi�r� �� urv��fi�,��u��fi��ll ��u��� ��urvll� �� ���Il�fi��r�
�I�p�„��u�� �...�. �
�I�p�„��u�� �...�. �
�I�p�„��u�� �...�. �G
�I�ii���i°i�� �.�..�
� II� � V�.�".�.!�I.�.!�I.�".��...�.�.� �.II.
. . . . . . . . . . . � ". . . . . . : .
Ilu��urv����� Il��u�n� ��u��urv�ll�fi
Ilu�,.�u �����...Il���u�uu�,.� ���Il�u��
IIu�nIl�u ���...Il��u��� �u�� �,��u��„u�u�� ���„u ��� �II�',.� �u�.�
Ilu�nu�ll�u�n�u�� �II�� �"I�urv���urvurv��� �urv���ll� ��u���u��"" fi�,��u��fi�fi��� fiu� �II�� ��u�nu�urv�ll��u��fi�r� I�II��u�
x x � .� x �u u���II �il.� " " �
� p�„��u�� �...�. Q� .... �..���uu� ��,� �u��.... u�u u���.p��� � ���u���u...
�Il�p�„��u�r� �...1. � .... �����Il�llu�ll�. �� ���u�„�� u ���u�..�� u�n�il.11„�u ���u�ni°i..11� Il���u�„uu�� u �Il���u�r� ��. �uu��ll�...���u�null"�...����u uu�.�� ��u���...��urvll� �.�.
� II� � � V�.�".�.!�I.�.!�I.�".��....�.�..��..II..�.
��� � u��� .... .................
���III '�.'�.m II!��III�� III':��oi�m��oi�m � ����liioi�m��lii��m ��� �'��'�����
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
�I�p�„��u�� � . �. .... �.p.:�u�n���.����u���ll� ��u���...��u�u��u�...���u���. uu� ���.Il��u���u�„u� �u�ll�....�ll�� ��..ii���u��u�u� ��u���...�u�u��u„� ��iu���..�:
x ~� .� ' �I
��u��� �Il���u�nl��urv� �� ��u�nu�n�urv��
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
x � .� � �" � �II�� ��.�u���u� ���uu�� u�
� p�„��u�� � � .... �.p.:�u�n���. ���u���.p� ��� �� � ���uu���... u�u� �i°i�.� i°iu� ���p��u ���i°i..�u� �u� �....� u ��u��p�.�u ����u�.....
�.�u�ll��u u�."�r �.�u�u�r„�u �u�� �„� I��urv�ll� � �x���...��u��,� � �x��� ��u�n��u�"�...��u�u�r�p.:.�i°i�"�
�Il�p�„��u�r� �.� � .... �.�.�ullur� �II�.� ��u��r�u��u�u�...��u���ii.:.�� u�n��.p"Ilc�� ���„u���u� ��.� �� �,���„�uu����u�ii� �fi��
���III �. �m IIC:�oim�m�°���� � Ill��u�liioi�m���mm�m�'m�oi�m�lll �oi�m�'moim��moi�°��oi�m�
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
x x���. �. �� x x„Il�p�u�n�.p�� u��u�.� Il�urv��„���
� p�„��u�� �..... .... ...��uu����uu�l �� �uu�n... ��u��....� u�u�ii�� �,�.��.
� p�„��u�� �...� �°� p ��u���u�..�u� ����
u��� �Il�,.�uu ����..II�
.... � x� c �u �„���u�r� u�n„���u�� �„� �� � ....
x x��. � Ilu x x x x x x �u ���� Il�il.�ll� �,�u��.11fi�"� p�u"�II����.
�Il�p� ��u�r� .�...� � .... �.�.�u r� �,�„��r� ll�p�ii�n� u�� uu�.�� u��u�r�� �� ���..
Revised June 3, 2014
�I�p�„��u�� �...� � .... �.��uu����uu�', �,��u���u�nu� I��u ���u��� ��„� �II�� II����II �Il���u�nl��u�..�� ��u�nu�n�u ��.
�I�p�„��u�� �...� � .... �.��uu����uu�', ������.1°i�� u �II��„�u�u��ll�.!�I.11�� �fi�ll� �II�� �,�„���Il�l��ii�n�u�� ��u�nu�n�uu�',.i�i��
���III � � Ill �i����uoi ��� III����III�������'.oi��� oi �����lll��.oi���oi���....oi ��oi �uui�����oi���..�oi�� oi ���oi��ui�oi�.
�Il�p�„��u�r� �..."� �. .... Ilu�nl��u c��r�...�c�u�nu�n.�u �u��ll V�.p �Il��u�.� �r��llu�u�„� ��u��� �.��II�� ���x u ��r�u�..�u��.
x x
� p�„��u�r� �..� � .... �=.li"�� II�....� �����...��up�p��qrv� ��u�n�„ ��u��.p:��up� ��.p��, �u�1',.�u ���u„���� �...i°iu���u�n��
�I�p�„��u�� �..� � .... ��.���II�V�....II�I� �u ���II� �II�.��� ���u �.��� �uu�q��u �u��...�u ���,��u��„��� ��u��� ���uu�.�. V�u �����u�u���ll�.
�Il�p�„��u�r� �.."� "� .... �.��u,��� u�n.��pc�u uu�.�,�u�u��u u��.11/�c�u�nu�n�u �u��ll...�u�np�llc�.��u u �Ilc�„����uc�u�� ��u�a�� �.xll���u��uc�u��.
�Il�p�„��u�r� �.."� � .... �.��u,��� �II�,� u �Ilc�����uc�u� ��u�a�� �xIl���u��uc�u�..c�� u�n��.11.c�u �u�ull�.11�llu�u� �c�u �xu��.!�Iu�,� �c�u�nll���u�u��.
�I�p�„��u�� �..� � .... IIu�nIl�u ���...Ji�n��u II��„�uu�� ���„�urv�� ��...�II����„���� �II��. �u����...����u ul��il���.
...!� ��u �II�� u ��u�u�.
� p�„��u�� �..� � .... �.p.:�u�n���. ���u���.p� ��� �� ..���� ���.��u � �,���uu����u�i
Revised June 3, 2014
KFA 4: SAFE, LIVABLE, AND FAMILY-FRIENDLY COMMUNITY.
Goal 4.1: Enhance public safety in the community
Objective 4.1.1 Expand departmental collaboration and community partnerships by increasing involvement,
communication, education, and utilizing
technology
Objective 4.1.2 Secure and deploy public safety resources in the most effective and efficient manner possible
Objective 4.1.3 Evaluate existing and future public safety facility needs in order to provide the most effective
delivery of emergency response services
Objective 4.1.4 Focus on prevention programs to heighten awareness, minimize loss, and support a safer
community
Objective 4.1.5 Maintain a high level of preparedness through planning, training, and the utilization of resources
Goal 4.2: Seek clean and healthy neighborhoods in the City of Denton
i i°iu�n �u c��r�u�n xu�� rv services that meet community
O jective 4.2.1 Provi e e ective .�.c�.ii�m..l�..�Il.ii�.!�I�.� ...............V......:...........................�.............
expectations
Objective 4.2.2 Promote positive environmental behaviors and practices for the City of Denton and its residents
Objective 4.2.3 Enhance the quality, livability, and sustainability of the neighborhoods in Denton
Objective 4.2.4 Support revitalization efforts of existing low-moderate income neighborhoods
Goal 4.3: Provide quality, diverse, and accessible neighborhood services for the community
Objective 4.3.1 Meet customer needs through quality and diverse programs
�I��.�".��II��" �..�,� ... �°P..II'(3"�"����"..���u��ll��...��u�� �uu ...�III�II u:dll.{"I.�".�u� u�����..�'Q^C� Q^u:d�.{I(3111! �u�"°�'°�II��"�u �°� ���"T1�1�°C��Q^ �Q^II."�.�LIIII"�"� ��L.,I�.II��LIIII u:dll�.u,dlll!C;�.
�".��.�,�.�.q �.�.{"p.�1.��.q�.�...qy.11�.Il��.�e�.�,l�.{p�o-{"p�.{"p�n.�....1"p.p^yi...�.11^yi.�n...�.�.p�.��.�L,l�.{p^yo-{"p.�.�"
Objective 4.3.,�� Promote a family-friendly environment
Objective 4.3.�� Co-sponsor annual community events and festivals
�Il�p�„��u�r� �...� "� .... Q�..�uull�,� u �II„���u�u��ll�',.fip�� �fi�„II� Ilc�� �.li�„��u�ur���u�u�� �.� �u�ll���..p��� ��.p�nu�nu�uu�fi„�� ��u��� „���u��ll �„�r�u���
�I�ii���fi�� �.�.� �u�ll���u��� ��,��u����fi�u���ll ��u��,� urv��urv����fi�u���ll �u�u��urv��uu�fi�fi�� ��� �Il���urv �urv��ll� �'����uurv��ll Il...11�urvfi����� ��u���urv
�w��lll..� � Ill��i„m��m�� „��u�����i�m�uioi�m�",; Ill�ui��uoim��..��ulll��uoi �„III� �oi�m� ���u���'jil..��m�lll �.�I�������u.�i�mui�ui��
�I�p�„��u�� �..� �. .... �..�ull�u�����„ u�n�u��u��llll� I��u�.��u�u��ll..prv�ll���u�„ii��ll�up�� „�fi�ll� II����II ����p..����u�u���.11 ��u��� �.���u u�u�n�u����ll.!°I.u���u��u�„il�u��
Ilfi��llc�u��..11���u u�u„ii��„ c�ll�p�.c�urv�u�uu�fi�i°i..�� �u�ll�„ �II�� �il„�� c�� ��..�u��c�u� II.!°Ill�u ��u W�.����u�m.
� p�„��u�� �,.� � .... �.p.:��u�,�....
�Il�p�„��u�r� �.."� � .... �.p.:�u�n���. II����II�II�."� Ilu����.�ll�� ��ii.:. u ��u�,��.p��� �Il�urv.��u,�ll� Il�.��u Ilc� ��u�.�,� u ��u �„���u�u� �„���ullu�u�.�.
�I�ii���fi�� �.�.� �u����uurv���� ��u��� ��uu�u��urv� ��urv�fi��fi� �u��,������urv� fiu� �II�� ��u�nu�n�uu�fi�w�
Revised June 3, 2014
II���,� ���:q:���a��.11����.���a��u�.���� �������..�IIIIII.�.
°� .. ....0 °...:....m.... . ..,..:". . ��.. ... . . m...°' .,.°'... ... �...°'.. ... m. �. �.°' .. . ....... .. ... �...... .....'...... �..' ��. m. ...°'.. °'..:". ..:". . ��.�
���� ���m ���ui��lll� ���oi ���������� ��� oi ��,�����III� ������ �oi�� ����oi �� �����ui��ui��..�
�II��.�".��II��" �"T.°,�..�. .... .I�.u:dlllll!�u:d�ll"1! C,�IIu$��1.�w.��Q^ ���.�� �u�u$��n...u$���� ��"°���"�u$� Cc�°�"�Q^�u:d��°�Illi u:dlll!��...ud(��"���II.�.�
�I��.�".��II��" �"T.°,�..� ... �'P..II'(311i�"1T1�4^.I�II u:dII1!II1p.�LPudII �Q^.�.{I"�IIu��II"�"4^..u���"����°u� u����� G°T1IIli(��Q^."�."�II(3111!u�II..���"�(311"II�II4^.�
�I��.�.��u�� �.�..� .... �..�uu��u� ������w�� u�p�w.�.��u���a��.w.�u�� ��� ���� ������ ��u���� �����u��Il...p.���.dl.�
°� �� . m � . . ., . . , m , . , . . . m . m . m . . .
.. .. ...... ... ........ .. . ... .. . ... .. .. . . ��... .... . ... .... ... ... . ... .. ��.. . ... . .... . .. . . ... .... . ... .� .. . . ..... ... . . . .... .... . ..... .. . .�. . . . .. . ..... ��...... ... . ....� .... . . ... .. . .
���� �m�.m ���ui����ui�� �m�w���� �oi�� ������ui�� ��Ill��ui�oi����ui��� �ui��� �,���� oi���������lll �oi�� oi�����,�����oi���oi���� �oi�,�oi����������
�II��.�".��II��" �"T.°:�. �. .... .I�.u:dIIII1!�u:d�II1! ��"�"��u���IIC II�II'.�".�Q^II1!CQ^ u,d.� ���Q^ °II°��u:dll �II1!u,d°IIi�"1�Q^II "�..(3� �(311��1f�Q^II G.�"
�I��.�".��II��" �=T.,� � ... �°P.u,dII�IICIIII�u,d.�Q^ II�W �.4^p��(3111!u:dll�°�u�u:d�Q^...{Iliu:d��V1lllpu,dll� u:dII1!C;�...��W�Q^IIIIIpu,d°��V1II1!u&�..G(3u:dII��IIT;y°�Wau �"�"a..�°:�� rv��..�..���u�.,�:w��� rv�u�.�
.II.�.�.�. ...�.�.�...�
�I��.�".��II��" �"T..:�.� .... �.������T111"�...."��u�1�1� ��°u��"�Il�ll��u&.�II(3�� ���...{I�"bwIIT1��°u��M "��u�.�.�"M ��u��ll�°��u��M u���°�� �II1!�Q^II'.{I�liu:d�ll(3��°u�� ���T1.��"."�"�II(3111!u:d.11.
�.�e.�.u, d.{I"1�.{"I.�";°u, d.�.{"I.�.��.�
�I��.�".��II��" �T..:�.� .... Q�.�d���� II �".�.u,d��(3111!"�II"Ip.11��� �II�.II1! II��^� �1.� �u����N".u���T1��� �.T1 �^II1!II1!u:d.{I1!C�" �C3°II�'1�if��Llllll�.l"I.�"�" u�����.."�T1C�u:dll.."��"��IIC4^.�
�I��.�.��fi�� �..:�.� .... �.�a��w����� u��a��u.��ll�� ��w���u�u��ll...wrv�lla��u�w����mwp��....�w���m ���u�� ����.u.����wc�u����.11 u�w�m�,�..�.���wrvw�mw��u�����ll..w.w�m��w��a�.ilc�w�.�
II�I�� �° ��� �..�..�III�'��IIII�II..�..X�I�'�� �I�'�!III��I�'I��I�'..�..�II� ��..���I��� �II...IIIII�
���III'!�.'�m II!��oi�m�: � III':��oi�m���m�� ����oim oim����uoim���
�
�Il�ii���fi�r� �.1..�. I�urv����� ��u��,� urv����urv� ���u���u�"� �����urv Il���,�fi��
�I�p�„��u�� �...�. � .... �.��uu����uu... " " ��u uu�ll�uu�.� �����.p: ��u��llu�.�
... � �u�„� „��� � ....
�I�p�„��u�� �...�. � .... Ilu�',.���� uu�',...��u����uii���l�ll� �.... � " . " �
��u u�n�����u ��u�„� �����.p.:� ��� u.p� u ����u �i����uu � ��u�� u�n��.p��� �u�n.�u� ..
�I�ii���fi�� �.�..� �u���uurv� �����������urv fi� ��IIII�����,� �urv������,�. ��u��� ��fi��ll���urv���� fiu� �����urv�,���u��� �fi�ll� ��IIII urv���ull����
.U.:.�"..�.�II.!�I.U.:.�".ii�n.�".R�'.�.�
�Il�ii���i°i�r� �a. �..�a �..��Ilc� ui��n����u�uurv�� �� �u���u�uurv���� urv���u�u��i°i�u�� i°iu� u��urv ���u�i°i��� �����urv ��u���urv�r���i°i�u�
��I�oi ���...�uioi ��u�lllui�� �oi�m.� �",;m ��.�i�mlllm��u��. ��� oi��„�oi�m��",;�oi���oi�m�
�u �� ..'! w � III oi"�:.
�I�114"��II�Q" �.�.�. IIIITIII�II"T1�4" II"Q"1�IIT1111!rr&II rr&IIII" ��Ll�r&IIII��/ rr&III�,� �r&IIt4" rr&��IIT1111!"• �T1 IIIITIII�II"T1�4" II1T1111 °rr&��r&IIIII,llT14"III� "•�rr&��LII"•
�Il�ii���fi�r� �.�.� �..��Ilc� ����fi�u�� �� urv��,��u�� ��fiurv u��llll�u���u�� �u�nfi��fi�u��� fiu��ll�ua��fiu�� �urv��u�ll���u��
���urvu�u�n�u�� �u��urv���fi�u��
���III '�. �m Illoi�°� ��m��� �oi�m�oim: ���lii�lii�oi�m� �oi�m� ���m��oim���lii��m
............................................................. �.................................................. �. �........................................... �.....................................................................................
�I�ii���fi�� �.�.�. Ilu����� fiu� urv�u�����l�ll� �u��urv�� ��u��urv���fi�u�
� ��u��,� �u�nfi��fi�u�� �urv�u�n
�Il�p�„��u�r� �...� � .... �.p��c�u�uu ��.�„� �u��p:�°� �c�u�',.��u�r���q.c�u� ��u���....���u�u�„ii��� uu� u�.�� ��u��� �xu��q.p�� Il�c�u�n.�� ��u���...11�u�u�uu������.
�„ � �u��u �.� �u�� uu�. �u�� ����u u�u�n..�u�� ����„illlu�u�� �... � .. u� I���II�...p���
� p�„��u�� �...�.� .... p���uu � �.. u�u�u�.... �u ��u � �, �u�n��.p��, u �� �:p��i°i�u� i°i... " ....
.�.�.R�'.�.�.U.:.�:!I.��.!�I.�.ii�....��..R�'..��....I�.�:!I.!�I.II.��.!�I.R�'.�....U.:.�".�.U.:.�.�.!�I.�.�
�Il�p�„��u�r� �...� "� .... �.c�u��uu�u�u� �c� u ��u�uuu � �x„��I���uc�.p���ll �u��.p�W ���.!�I.�u�u��"�...Il�u�uull��uu�.� ����u���„��u ��� �c�u u���..�c�u���u �:p��fic�u�',
���III'�.�m II!��oi�m�: � Ill�oi�m� �u�� �oi�m� �oim���oim�� � �oi�m oi�m���uoim�lll ������
...........................................................................�........................................................................�I.................................................�............�...........................................�.........................
�Il�p�„��u�r� �.."� �. .... �.p.:c�u�mc���. Il��u��� u�,!I.�� ��u���....�c�a���/�.c�u�uu��..V������u u�',.� �Il����.11�c��u�u�r�„II� �����„�� �u��q:�W u�u��.��u�a�� �II��.
�u��fiurv�u�u�n�u��
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
" .� � "r . , I...��u ����M...��u��,� �u �� ���u��.��
� p�„��u��. �.. .... �.p.:���u�r�..�ll��u� �p����� ii�����iu��. V....
V " " ."� � .... Il�.uu�uu�nur� �����p.:. u�u��r V�.p: �u�n��� ���urvu�n..�����u .�,u�u��llu�"�.r.. ��u��,� u �„�,�u�u�� �„��u u�n�����u �,�il.��u��u�� �„Il�u �u�u�„II�',
� �„��u��. �..
u�n..�� u� ���� ii�n �.ii�.�....R�..�".��.�.�.!!..U.:.�".�.
�I�p�„��u�� �..� � .... �.p.:�u�n���. u ��,���„�II�II�u�n�„u�� �� uu�,�ullll ��u �„��� ��u���...l�urv��u��u�ll�� �u�.��.
���III '�.'�m IIC:�oim��'m�� �Ill��oimoi�m��lii�� oi�°����� �� �oim�oi�m� �����lii��m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ix � �
� p�„��u�r� �a..�a �. .... �xp���u�� fi.ii� u ����u..�u��u�uu �.... c�u u�c�u� �r� �u�...� u�nc�a� .. � c� �u„��u��ll�c�u„����uc�u...
�I�p�„��u�� �..� � .... �.p.:�u�n���. Il��ul�llfi�...�u ��u��ll�.�u ����u�..ii� u u�,��urv.�Il�ull� ��u�.�,� �II�� �:!!.�� �� ��p�ll ���u�u�u�����..11„��u u����.!�I.�� ��u�ll...��ll�u�ll��.
Revised June 3, 2014
�I�p�„��u�� �..�.� .... �.��,��u�� �u��uu�u�.p�n�u����..11. uu�nl�����„�� �urv�u�n. uu�np��urv�ru��u� Il�.��ull�uu��...��uu������.
�u��lll..'!�.�m III oim�oi�����.. �uoi �� oi�'�.�oi�m��;��i���oi�m�
� i�����oi ui�. � oim���
� „ ��u���ui.�i�� � � o. ....
�I�p�„��u�� �...Q� �. .... �.��,��u�� ��Ilu�� ������ ��".p��u ���u�.p� ��u��� ��u��u � ������ ��.���� �u �u�n Il��u���„�ullll ��u�.11�����ll �II�„u ��u�„Il�...i°iu��u ����„ �
�"�..
u �.
��� II u u�.�. ��..R�..��....U.:.�"..�I'.�.�"....�.II�.�.!�I.�.R�'.�
�Il�p�„��u�r� �...� � .... Il���r�u ��,�� �u�� �„��r�u u�u�n..�u��"� Il�.�uu �II����.!�Iu�� Il����u ��..V�u ���uu �. �„�����..��u��,� ��„u �ru���.�ll���� ���..�u�� II��.�.
II �� rv II x x xii � II " ��u��,� u�.,��ull���u�.ii��.
�., u u�n ��....��uu�n��u�',.� ��u�� �..��. �u��.!�I.0 �u�u�n�..�� uu� ��.���u � ��..p��� �u�„� �u ��„�uu �u�n�.p�� ����....
���III '�.7m III'; oi�m���uoim�: � III���III ���� �oim���u��lii��m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
�I�p�„��u�� �...� �. .... �.p����uu ��.�� II����.II. ����� .p�u ����u��„u�u� ��u��� ��u��u u.l��u�u�u�
Revised June 3, 2014
KFA 1: ORGANIZATIONAL EXCELLENCE
Goal 1.1: Manage financial resources in a responsible manner
Objective 1.1.1 Utilize benchmarking, performance measurement, and progress evaluation to improve
Objective 1.1.2
Objective 1.1.3
Objective 1.1.4
Objective 1.1.5
Objective 1.1.6
operations
Develop and implement long-range strategic plans
Provide timely, accurate, and relevant financial information
Ensure adequate internal controls are in place to prevent waste, fraud, and abuse
Manage enterprise funds to achieve financial self-sufficiency
Minimize fees and rates that are charged to our citizens and customers
Goal 1.2: Develop a high-performance workforce
Objective 1.2.1 Create succession and workforce management strategy to ensure organizational sustainability
and continuity
Objective 1.2.2 Attract, retain, and motivate qualified and diverse staff to ensure consistent implementation of
established vision
Objective 1.2.3 Establish a culture where employees feel valued and respected
Objective 1.2.4 Facilitate open inter- and intra-departmental communication and collaboration
Objective 1.2.5 Establish a culture of accountability at all levels of governance
Objective 1.2.6 Support staff participation in regional, state, national and international professional
organizations
Goal 1.3: Promote effective internal and external communication
Objective1.3.1
Objective 1.3.2
Objective 1.3.3
Maintain on-going staff communication with City Council, Boards, and Commissions
Utilize both traditional and non-traditional forms of communication to disseminate accurate
information
Actively seek feedback from citizens and employees, in order to identify and implement
programmatic changes, as appropriate
Goal 1.4: Achieve high level of customer satisfaction
Objective 1.4.1 Provide exemplary customer service
Objective 1.4.2 Ensure all customer interactions are conducted in a professional and courteous manner
Objective 1.4.3 Respond to customer inquiries in a timely fashion
Objective 1.4.4 Provide convenient methods of conducting business with the City
Objective 1.4.5 Seek creative means to help customers achieve their goals
Goal 1.5: Utilize technology to enhance efficiency and productivity
Objective 1.5.1 Develop information technology systems to automate routine processes
Objective 1.5.2 Utilize data analysis to make informed management and operational decisions
Objective 1.5.3 Reduce reliance on paper-based systems
Goal 1.6: Collaborate with local, regional, state and federal partners
Objective 1.6.1 Maintain dialogue with state and federal delegation and regulatory agencies
Objective 1.6.2 Promote bi-annual legislative agenda and congressional priorities
Objective 1.6.3 Pursue effective representation at the state and federal levels
Objective 1.6.4 Participate in regional, state, national, and international coalitions (RTC, NCTCOG, TML, NLC,
ICMA, etc.
Revised June 3, 2014
KFA 2: PUBLIC INFRASTRUCTURE
Goal 2.1: Optimize resources to improve quality of City roadways
Objective 2.1.1 Manage City street funding based on Overall Condition Index (OCI) methodology
Objective 2.1.2 Develop a long-range strategy to transition street funding to achieve the OCI criteria
Objective 2.1.3 Improve the design criteria for all dedicated roadways
Objective 2.1.4 Maintain an acceptable level of service on all City roadways
Objective 2.1.5 Design and construct all capital street projects on a 40-year design life
Goal 2.2: Seek solutions to mobility demands and enhance connectivity
Objective 2.2.1 Coordinate with DCTA to provide effective multi-modal connectivity
Objective 2.2.2 Coordinate with TxDOT to maintain and enhance the state road network
Objective 2.2.3 Improve walkability/pedestrian access
Objective 2.2.4 Encourage and improve bicycle mobility
Objective 2.2.5 Enhance aviation infrastructure at the Denton Enterprise Airport
Objective 2.2.6 Update the Mobility Plan every five years
Objective 2.2.7 Increase the efficiency of existing roadways
Goal 2.3: Promote superior utility services and facilities
Objective 2.3.1 Plan for long-term resource acquisition and development
Objective 2.3.2 Assure regulatory compliance and legislative oversight
Objective 2.3.3 Protect public health and provide reliable service
Objective 2.3.4 Ensure operational and environmental sustainability
Objective 2.3.5 Effectively maintain and operate municipal facilities
Objective 2.3.6 Develop and support rates to provide funding for strategic objectives
Goal 2.4: Manage drainage infrastructure
Objective 2.4.1 Require new drainage infrastructure to design 100-year flood protection, based on fully
developed conditions
Objective 2.4.2 Rehabilitate existing drainage system in compliance with 100-year flood protection criteria
Objective 2.4.3 Develop funding mechanism to rehabilitate inadequate drainage system components over a 20-
year period
Objective 2.4.4 Require finished floor elevation certification on studied and unstudied drainage basins
Objective 2.4.5 Maintain street sweeping in compliance with municipal good housekeeping management
practices associated with storm water regulations
Goal 2.5: Develop Capital Improvement Program (CIP) based on community needs
Objective 2.5.1 Manage existing and future infrastructure needs to meet projected growth trends
Objective 2.5.2 Develop and implement financing plans for identified infrastructure needs
Revised June 3, 2014
KFA 3: ECONOMIC DEVELOPMENT
Goal 3.1: Develop targeted policies and incentives to achieve desired economic growth
Objective 3.1.1 Establish a target ratio of commercial appraised value relative to residential and work to achieve
Objective 3.1.2
Objective 3.1.3
Objective 3.1.4
Objective 3.1.5
Objective 3.1.6
Objective 3.1.7
the specified goal
Increase home ownership
Increase housing values
Improve land use densities across the City
Implement the "Preferred Growth Concept" identified in the Comprehensive Plan
Retain the historical significance of Denton
Establish a target ratio of multi-family housing relative to single family offerings and work to
achieve the specified goal.
Goal 3.2: Make Denton a destination for visitors
Objective 3.2.1 Promote festivals and artistic events in cooperation with the Convention and Visitors Bureau
Objective 3.2.2
Objective 3.2.3
and Chambers of Commerce
Promote Denton as a destination city in cooperation with the Denton County Transportation
Authority, University of North Texas and Texas Wom��„n's University
Utilize the Convention Center to market Denton as a destination city
Goal 3.3: Promote a business-friendly environment
Objective 3.3.1 Maintain a timely and efficient development review process
Objective 3.3.2 Seek creative means to help customers achieve their goals
Objective 3.3.3 Utilize development incentives to attract high-quality projects
Objective 3.3.4 Maintain dynamic presence at the local Chambers of Commerce
Objective 3.3.5 Maintain effective relationships with the development community
Goal 3.4: Encourage Development, redevelopment, recruitment, and retention
Objective 3.4.1
Objective 3.4.2
Objective 3.4.3
Objective 3.4.4
Objective 3.4.5
Objective 3.4.6
Objective 3.4.7
Revised June 3, 2014
Improve commercial property values and sales tax revenues
Grow jobs that support home ownership and higher household incomes
Develop job growth that targets university graduates and young professionals
Target major industrial/commercial employer relocations and expansions
Target the relocation and expansion of major suppliers for existing companies
Improve marketing efforts to showcase the City's attributes
Promote Denton as a healthcare destination for the region
KFA 4: SAFE, LIVABLE, AND FAMILY-FRIENDLY COMMUNITY.
Goal 4.1: Enhance public safety in the community
Objective 4.1.1 Expand departmental collaboration and community partnerships by increasing involvement,
communication, education, and utilizing
technology
Objective 4.1.2 Secure and deploy public safety resources in the most effective and efficient manner possible
Objective 4.1.3 Evaluate existing and future public safety facility needs in order to provide the most effective
delivery of emergency response services
Objective 4.1.4 Focus on prevention programs to heighten awareness, minimize loss, and support a safer
community
Objective 4.1.5 Maintain a high level of preparedness through planning, training, and the utilization of resources
Goal 4.2: Seek clean and healthy neighborhoods in the City of Denton
Objective 4.2.1 Provide effective community improvement services that meet community expectations
Objective 4.2.2 Promote positive environmental behaviors and practices for the City of Denton and its residents
Objective 4.2.3 Enhance the quality, livability, and sustainability of the neighborhoods in Denton
Objective 4.2.4 Support revitalization efforts of existing low-moderate income neighborhoods
Goal 4.3: Provide quality, diverse, and accessible neighborhood services for the community
Objective 4.3.1 Meet customer needs through quality and diverse programs
Objective 4.3.2 Promote a family-friendly environment
Objective 4.3.3 Co-sponsor annual community events and festivals
Objective 4.3.4 Build relationships with key organizations to enhance community and social events
Objective 4.3.5 Enhance educational and recreational opportunities at Clear Creek Natural Heritage Center
Goal 4.4: Provide outstanding leisure, cultural, and educational opportunities
Objective 4.4.1 Cultivate mutually beneficial relationships with local educational and governmental institutions
Objective 4.4.2
Objective 4.4.3
Objective 4.4.4
Revised June 3, 2014
Provide lifelong learning opportunities with the City of Denton library system
Promote healthy lifestyles for residents through parks and recreation facilities
Encourage and support artistic endeavors in the community
KFA 5: SUSTAINABILITY AND ENVIRONMENTAL STEWARDSHIP
Goal 5.1: Manage Denton's water resources
Objective 5.1.1 Protect and restore Denton's water bodies
Objective 5.1.2 Maintain high level of drinking water quality
Objective 5.1.3 Invest in sustainable stormwater and watershed infrastructure and management
Objective 5.1.4 Ensure wastewater is collected, treated, and discharged in accordance with all regulatory
requirements
Objective 5.1.5 Take measures to encourage reductions in per capita water conservation
Goal 5.2: Improve air quality and greenhouse gas management
Objective 5.2.1 Improve regional air quality and take actions to improve non-attainment status
Objective 5.2.2 Take actions to reduce air pollutant emissions, including greenhouse gases and emissions from
government operations
Goal 5.3: Improve energy efficiency and conservation
Objective 5.3.1 Invest in renewable energy generation
Objective 5.3.2 Encourage energy conservation and efficiency in new and existing homes and businesses
Objective 5.3.3 Ensure efficient energy use in city government facilities through demand reduction in both new
construction and building retrofits
Objective 5.3.4 Continue to require exceptional energy efficiency building standards for new construction
Goal 5.4: Manage land use and preserve open/natural spaces
Objective 5.4.1 Promote land use and code/zoning patterns that positively affect energy use and the
environment
Objective 5.4.2 Preserve open space, natural areas, and tree canopy
Objective 5.4.3 Minimize water use, promote stormwater quality, and reduce stormwater quantity through
management measures
Objective 5.4.4 Promote redevelopment of infill areas and brownfield sites
Goal 5.5: Provide alternative modes of transportation
Objective 5.5.1 Expand infrastructure for non-vehicle modes of transportation
Objective 5.5.2 Promote public transportation ridership and the use of fuel efficient/alternative fuel vehicles
Objective 5.5.3 Reduce environmental impacts from impervious parking surfaces
Goal 5.6: Promote sustainable materials resource management
Objective 5.6.1 Reduce solid waste generation and divert waste away from landfill disposal through increased
recycling and reuse options
Objective 5.6.2 Leverage city government's purchasing power to procure goods and services that cause less
harm to humans and the environment, in accordance with procurement laws and regulations
Goal 5.7: Encourage local food production
Objective 5.7.1 Encourage local food production and distribution
Revised June 3, 2014
,.
�;;
,,,.
�,
�
�,�
� ,,,,,
�.�
,, ,,
�.
,
;,'„
�
�
��
�,
�� .
;�
�
�
�
�
V
�
W
�
�
�
._
�
�
.N
i
�
�
�
�
i
�
�
�
i
�
�
�
�
�
V
�
�
�
.. ..
� N
Q Q
� �
� �
IIIIII IIIIII
�
W
�
�
�
�
�
0
�
i
�
0
�V
�
�
�
O
V
W
�
�
�
�
.-
�
�
�
..
M
Q
�
�
�
.-
s
�
i
�
3
a�
�
�
�
�
�
�
�
�
O
�
._
>
�
w
�
�
�
�
�
�
O
V
�
�
�
a�
.-
L
L.L
�
.-
�
�
L.L
�
�
�
�
>
.-
J
�
�
�
..
�
Q
�
�
�
.-
s
N
�
�
�
�
�
J
�
�
�
.-
�
�
�
�
�
�
�
._
s
i
4�
�
i
�
�
..
�
Q
�
�
�
� ,�`
� ,�`
,,,,�,�� ��
� ,
,,,,
;��
„
�� �;
,,,,,
�"
,,
��
�,���
'� ,.
,'
�
i
�
�
�
0
N
.-
�
�
Q
.�
�
N
�
�
N
L
V
�
�
.�
.�
�
0
�
�
�
�V
�
�
�
�
cn
����
�
i
�
�
N
�
N
._
�
�
O
�
�
N
�
N
�
0
�
�
�
�
�
�
�
�
0
�
N
�
•
�
.-
�
.-
L
.�
�
�
3
�
�
�
0
�
N
�
�
�
�
.�
�
�
�
O
._
N
�
N
•�
�
�
�
�
W
• '
N
i
s
�
�
�
O
V
���
.
i
�
�
�V
�
N
�
�
�
N
�
�
._
>
N
O
�
�
•�
�
�
�
�
O
�
0
.�
�
�
�
�
�
N
N
N
.N
�
V
�
�
�
�
O
N
>
�
�
i
N
�
�
�
tn
�
O
�N
/
�
�
.�
�
�
�
0
�,V
Il���,�,,,,�,1,��
i
�
�
O
�
.�
�
�
�
L
�
�
O
.�
�
�
�
�
�
0
._
�
W
�
�
i
N
�
�
O
N
>
N
0
0
w
N
�
�
•�
�
�
�
�
M
Q
�
�
����
.
�
�
•�
V
._
�
�
�
�
�
�
�
�
�
�
O
�
�
�
i
N
>
O
�N
��
�
._
N
�
�
3
�
�
�
�
�
�
O
N
�
0
�V
�
�
O
w
�
O
�
�
N
N
�
O
�
�N
Q
�
�
�
�
�
cn
II��;°;;;°,1,��
�
�
>
�
�
N
's
�
�
�
N
V
�
�
�
N
�
.�
�,�
„
�„
�„
�;
�.
�
,„
,.
�;;
�, ,
�; ;
�.
�;�
,,,,,
��,,
�►;
�
�
�
�
�
�
�
N
�
N
.-
�
�
._
.-
�
�
�
.-
�
�
�
t/�
�
O
�
Q
L.L
�
4)
�
�
�
�
4)
t/�
III�III
�
�
0
�
�
�
�V
�
�
0
V
�
�
V
�
O
i
�
�
�
N
�
4�
�
�
�
O
�
i
�
V
�
II�;;�;;;;�;��
.
�
�
�
�
�
�
�
�
.�
�
N
�
�
L
�
�
J
�
�
�
�
�
N
�
�
O
�
�
�N
.
.�
i
�
._
�
�
�
4)
�
�
�
�
4)
t/�
II�If
.
4)
�V
i
�
4)
t/�
4)
�
N
.-
J
�
�
�
�
N
�
�
�
�
.
N
�
�
�
L
�
s
�
�
�
�
i
.-
�
�
�
O
�
L
�
V
�
._
�
�
�
�
Q
L.L
�
4)
�
�
i
.-
�
._
w
II�If
.
�
�
V
.�
�
�
�
�
�
�
._
�
Q
�
i
N
s
�
O
O
�
�
�
�
N
�
�
N
N
0
V
II�;;�;;;;�;��
�
�
�
�
�
�
�
�
0
�
�
V
�
�
�
0
�
�
�
�
�
4�
�
�
�
�
4�
�
V
�
�
�
O '
`� V
� �
� �
�
II�;;�;;;;�;��
� ������
������������������������u�u�m�
����
������������������������
����'""��������������������
����������������������������������
�
�: ;;
�„
��
;;
„
�'
�;;
f�
�
�„
,�;
�
��
�
�
,�
��
W
V
Z
W
J
W
V
�
�.�..�
J
Q
Z
�
H
Q
N
Z
Q
C�
�
�
..
�
�
�
i
�
�
�
�
�
�
.-
�
0
�
�
i
�
�
._
�
i
�
0
�
i
.�
�
�
.�
�
N
�
�
�
�
<
.
V
i
�
�
0
3
�
�
�
�
i
�
i
�
�
s
.�
s
�
�
O
N
>
N
0
i
0
.-
�
�
.-
�
�
�
�
0
V
�
�
�
�
�
�
�
�
�
�
i
�
.�
�
._
�
N
�
a�
�
O
�
O
i
�
.
�
0
.-
�
V
�
N
.-
�
�
i
�
�
0
�
�
V
0
�
�
N
s
�
._
s
N
>
.�
s
V
Q
�
�
�
�
V
�
.�
�V
�
�
�
�
�
s
�
�
0
�
�
O
�
s
V
N
�
N
.N
._
�
�
�
�
.-
>
.-
�
�
�
O
i
�
������������������;;�
�'�����������
��������������'���������������
�� �'� ""�
�'���� �������
���m���
���
�'����������
�'
�„�
��uu�' "�
����„�
���m���
�°���
� �'���� ����'�����
�����������
�
���
�"'���
�'
� ���� ���
�
�������'�
���
�°���
�� ���
���
�"'���
�'
����
�, �, �, �, �, �,
�
����������
�'���������
�
������
�������
���
��� ���������������
�������������������������������
�����������������,�������
����� ��
����������������������
����m�������
���������������������
m�uuu.
�/
�
�;�;;;
�;;
�,,,.
��
�,
�
�;,
�
�i
�
�;
r�,,,.
�,
�.
�
�;
�,
�r` ,
;;
��
�
W
�
�
H
V
�
�
�
�
Q
�
L.L
Z
V
J
m
�
�
..
N
Q
L.L
�
�
�
.-
V
�
�
�
�
�
�
�
i
�
i
�
.�
�
�
�
i
�
�
�
L
�
N
._
�
.-
�
�
�
�,
.
N
�
�
3
�
�
O
�
V
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
N
�
,o
�
�
O
N
�
�
4)
t/�
�,
.
�
.-
i
.-
�
V
�
�
O
V
.
N
�
._
�
�V
�
�
�
�
�
N
�
�V
i
i
�
N
�
.-
�
�
i
.�
i
�
�
N
�
�
�
�
O
�
�,
•
�
i
�
V
�
�
�
�
L
�
.-
�
�
�
�
.-
�
�
�
�
�
�
�
�
�,
�
�
N
�
�
��
�
V
�
�
�
L
�
O
L
1..�
�
�
�
�
�
i
�
�
�
�
�
.-
�
�
V
�
O
�
i
4)
0
�,
.
N
�
�
�
�
�
�
.�
�
�
�
�
V
�
O
��uuuuu uuuuuu�
uuuuuuuu�llllu��
�IVi il
m�uuuuuuuuu
uullVUU�i
uuuuuuuuum
m�uum.
�/
�,
�„ , ,,
�s
.�1.........
�i
�i,� , �...,
�,
�?
�,
�/
�
�/
.�1.........
%i
�`
G
�<
%i
"�,,
./%
� ��
����������� �������������
�����������������,�������
����� ��
����������������������
uulVum�i
uuuuuuuuuuum u� m��llull.
�/
�
� "<
�i;
�,,,.
�`�
�!�-��
�
�;
�,
�/
�/
�,,,.
�i'
� ,—'
�<
�;
;�I`
/%
�. �,
m���
IIIII ��������� ���������
IIII IIIIII�'���
Ill�ul���l� ����
�������
��������� ���������
�Immuu����
����� ��������� ���������
IIIII����
uuum�
muuuuuuumum
III�������������������°�'�
�II�V�
um�.
�Im��������ii�
����iuw���
,,,,VVUUm miipplll�
�I
I��II
I�II�II�
���������� ����������
�II�
�.,,iimo�umuW�
ii
uuuw
umuuum
IIIII m� uuum
Ipumiii�illll" IVuuum
�Iioi�mVl�
�� IVw.
�iiiull
�lim�uml�
�w uuu
������������������
���� �uu�������������
Illllllll�liiomuuuu�
����i�����
����
����������u�������������������
�������'�
�i������mi�
�� u���.
�ui uuull
������������������������
������� ��������������������
�Iluuuuuuuu
�Iioi�mVl�
�l000uuuw�
� m
� ���
�����
�� �����
�����
�u�'���� �I
�im��umi� �uu ����������
� �liiomuuuu� III��
�,w uu �,„.,
���� ���
�m������ml� ��������� ��
u�IIV�� �IllmuuuVll�
I�lii �iWl� � �IV�
�lii �mol� II��
�� � ����
�� � ����
IIV� �IllpppipVll�
IIII om��lll� uuum �II� �uiVl�
� ,�����
u�,,,��� �i������mli�
���'luo�� � �� �
�umuuu �i� !�,�
�Iloi�mVl� �Iloi�mVl�
�IlVUUU �uuml� upu��
G'"'m�,
�u
��������
�����������
u��
� IIII i uu
�i� �
�w um
������������������������
�����������
���,��''
��
������� �����
u��
�w ���
IIII u��
�i u u
� � ��
iii��,����
�Iioi�mVl�
�,,,IVUUUU umuuuu�
III�II
°1 IV��
�����������������
IIII'I��
�III
�liii�mu�
�,,,IVUUUUUUUUUm�
II�
�i������mi�
uuumi
iiiill�l�'
.� um�.
G'"'m�,
�u
������� ��������������������
�II����������������
�Iioi�mVl�
�m�
�uuuuuuuu
���
� ������
��u�����.
����
����������������
�i������mi�
�uuw�"' �o�
um V���
� uu
�w ���� �����I��
��
�Il���i�
�i�°ii�
�Iioi�mVl�
����
� ���'��
uuu ��uumll�
�io ��mi�
II„��
�m�
���
�um� uuum
G'"'m�,
�
����������u�������������������
�������������������
�i������mi�
�m�
�uuuo�ull'iiiu uuu
u������
�lii �iWll�
�������.
���� ��u
������������
����� ��
�� ���������
Il�i u
�Iioi�mVl�
�����
�umuom�uuui
u�
�lii �iWll�
�iiIIIVi
m
�o����m�
�u�����������������������
�III��
���
�����''
�io���
� uu
����� � uu�
G'"'m�,
���������
� II��
Il�i u
�i������mli�
�ii� ���mli�
�uuu�uuum
����
i�����
Il�i i
�o � ul�
Illlu�
� ����''
�IiioouuuVl�
�Iioi�mVl�
�i uuum
�
�
�;
�
�
�;
�;
�
�
,�
�
�.
�
:�
i ;;
�
��
�.
�
�
�.
,
�,,
�
O
�
�
.�
�
�
a� =
� �
� o
� �
'� 4�
> >
s s
� V
._ �
� Q
� }
� �
.! �
} o
� 3
� �
� �
O �
.O �,
� �
� �
i •-
�
a� �
� O
� �
._
� �
s �
,� �
� �
� �
� �
w '�,
�
�
�
�
i
�
.N
�
s
�
�
.�
�
�
�
�
3
0
N
�
O
s
�
�
�
�
�
�
s
�
�
�
�
�
�
�
a�
�
._
�
�
�
V
0
V
s
�
3
0
�
C�
�
�
�
� �
N �
� �
�
V /� �
W
s '�
� �
�
� �
� �
� �
N �
� �
� o
V
�
�
�
�
O
�
�
3
a�
.�
�
�
�
�
�
�
0
�
>
�
�
�
a
�V
�
�
�
�
�
�
�
�
�
.�
�
.�
�
�
�
�
�
.�
�
�
�
's
�
�
i
�
�
�
O
�
�
�
�
�
._
�
�
N
�/�
if�
O
�
�
�
N
�
�
�
�
�
�
'o
�
�
�
s
�
's
�
�
.�
N
i
�
�
3
0
a�
�
0
s
�
�
O
�
�
�
�
s
�
�
�
,O
3
0
C�
�
�
a�
�
O
.�
�
O
�
�
0
s
�
�
O
�
O
a�
�
�
�
O
�
�
�
�
�V
�
a�
�
�
0
\
�
.�
�
�
�^ •
i �
�� O
O '�
•- �
� �
� �
� �
��
�
� �
�
����������� �������������
�����������������,�������
����� ��
����������������������
����°W����'
��
�
�?
�,
��
��� ��
�
�
�
��
�;
r�,,,.
�
� ,;
�
�,
�
;;
��
����������
�
J
0
Z
W
�
L.L
J
�
Q
�..L
�
.
J
m
Q\
/
J
�
W
�
Q
t/�
..
�
Q
L.L
�
�
�
Z
�
�
�
�
V
.
�
.-
i
�
�
�
�
V
4�
�
�
•�
�
�
�
�
N
�V
�
�
�
4)
�
�
�
W
�,
�
�
.-
V
�
s
�
�
.-
�
�
�
s
�
�
s
�
._
W
�
�
�
�
�
s
�
�
�
�
�
4)
V
�
4)
4)
v I
�,
.
�
O
�
4�
0
�
0
.
�
� }
.-
� �
�N �
� �
V Q
V V
� �
� s
� }
� �
♦ `�
W
N �L
� V
� •i.-
� �
. �
� N
� �
� �
� �
� s
� O
�
� s
>
O •�
� �
LL �
�,
������������������
����,�����
,�����
�����������
���������������
������������� iiii���������������������
�����������������
�i��l������li�
��������������
���''�
� �Imli�mW�
���
� �����
�,
iiii°I�'�
,�
���"�
ii '������
����
����'��������
� �����
�I��������.
��� �
�"��
���������
�mu����������������
�,
��� �
�o������m�
�w ����� �����
Illluu
� ������������������
'��� �I��
����
�,��
�I����������°'� �����
����
���i�����
�� ����
����
� ���� ����
iiiu',����
������������������
I�����
�i��'����m'i�
�/
�,,,
� s,
�?
�..
.. ��II�III�
�� ,i
�,
�' �%
G'
�.
�, �i
�/ �,
� //
�/
� � �,
�
�
��� �
������pu �������ii;� �, �����
�� ������
�io oi� ���� ��uu �� �II � ������� ���
��������� ���������� �������IIII���� ����������
�� � ������ii;� ��� III4��� �I ���pu �� �
;� ����������
� ���° ���� ����� ������ � IIII���
�� ��������� � �� ��' �
uuuum�l uuuu u �� u���illl�i u u�
uupll� um �III� � III� uu III��
II I IIII�
uuuu� uuu u
I�IIi VI� � uuu uu� uu iIV ui IVu
uum um uuuuu u uuuuu
V illl� i i iii
IIII�IIV � ill� il
III� m uu �Ili VI�
� ��I�li muil� �lu u
u III� m u u
� illl� �Ili VI� '� II
uu�i uum
V �� �uu �Ili VI�
�W u
� ,� i mum .
�W I'pll�i mVIIVi' i uu�
�I ill� �Ili VI� m u �
Illi
�i uuum � III
"'�i �Ili VI� �I uu�
�W u
�Ili III� �I II � � um
illl;!!i. ullll u � °°iilll „
� �ii�
�I u�lllll� uuum �IIII i�
�,µ �Ili III� �
�III III� �II Iliill�
� m �,µ uuuu uuuuuu m II „
II �
Illi
�I pll� �,µ uuu � uuullll° um
�
�
�
�Ili III�
�u
� i
i
� IIII illl;!!�.
�
i
�IIII
� I
� i
�
�
����������� �������������
�����������������pu����
�ul ����������� ������
uuuuuuuuum°m ol„���' o�"'I uuu�
�i
.�,,,.
�;"
�
�
.�//.'�.+{
�
�;
�
�i
�
�i
�a
�
� „!
�;
�,
�I` ,
��
",
������������������������������IIIII
I III������������������������� ����
�
������
.
����
�
��
�il o����l�°uu' �����li�
�� �����������
���"�
IIIII IIIII ���� IIIII
����� ����������
ill
IIII�IIIIII�
IIIIIIII�
IIIIIIII
IIIIIIIIIIIIIIIIIIIIIIIIIIII
�I �IIIIIIIIIIIIII
�
uulll'�
II�� �i�,�����������
����������
��u�°�����������
� � ���
���Il�lllu�� ���,IIIIII
������������������������
�� °����������
�
II IIIII ��������IIIII
II�������������
� �i,��������,�
�
��u''�
��������
��i�
������
��u����
�����������
�uuu�uuu
�iio�uV�
uuu�m m
IIIII�
�III
��ulu''�
�������
�"���
���������
����� ��
����� ���� �
�����������
������ ���������
���„�
I�°„�
��uuu���
����„�
�IIIIIII IIIIIIIIIII�
ii�
�I�"i�"I�
������
����� �����
��������
��IIIIII��,'I��
"iioioo�uuVVll"'
uuum �Ili �
II�
�IIIIIIIII I�
� � IIII
��������� ,�
,�����„��,„��
����w
� ��
.�
�����������
����.
������
��� ��
m�����������
�������� ��������
������������
��������
i�����
�����������
������ ���������
u�
��I�
���m���
� �����
�������II�
�o�.
������w�
��um' "�
�"���
w�
���� �
u�
�iuuiW i�
�Ili�
�Ilp�pll�
� III
� ��I�
�I�
III
II IIIII ���������IIIII
���������� ,�
�� � ����������
��I�w�
�����
IIIII IIIII ���������IIIII
�����������
����.
������
��� ��
m�����������
�
��uuu���
�����������
��i�
����i,�
�II���������� ����
��u�j0��������,qu,, ����
�i„
������������������i,�
��������������
�������II�
��������������������������
.uulllll��
��I�w�
��� �� �����
�II'��������
�����II�
�������
��u'"�
���������
� � um
�Ipi uuVllli''
IIII�
�IIII�IIII�
��uuu���
��������
���� �
u�
�����������
������ ���������
u�
��I�
���m���
� ���illlll�
�������II�
��II���
��luu''�
�m���
���m
IIII ���������
���
����
��IIu��
�oo�uV�
�Il�lli�l
�IIII�IIII�
�Illu
� ���
��
���
��������
.�
�����������
� ������ �����
�������.
������
� � �����
�����������������
���m���
�������w�
���m���
�������w�
�lo��������w�����
����i,�
�����i;�
������w'i�
�������
�����I��i
�����������
�� °����������
��uuu���
u�
� ���������
��
�II �IIII�
�� ulll�
�„�
� m��
��
��uuu"�
������
��u�°����������
�����������
������
i�����
������I
� ������������ �
���m���
� �����
�I��
�����������
�I lull� um
IIIII�II��I
���I
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
����,;�
������
����������III�
������ ����������
����„�
�����
������
�����
IIIII��������IIIII ���������IIIII
�, �, �, �, �, �, �,
„��°.
,;�
�;�
�;
,
�;�
:� ,
,�
�
�
, ,%
L
�
�
�
�
.�
��
._ �
N }
N �
i �
� O
�N
�
� �
•- N
� �
.� N
� •-
� _
� ^
O � �
� V L,aL
� ._ �
�O�
_ � •
�
•� � �
� 3 �
� �
� � O
� V c�
� � —
0�•�i
� O �
� V �
0 ��
♦
N
���
�
�
� � �
� } �
� V `�
N �� �'
�
� � �.O
� J } }
��o�
W � V �
� �s p
� � } �
N � > �
� 0 O i
N � ��
� � •� �
O
O '-
� } } }
W � N
� � � �
s 0,>�
i � } O
N � � �
�����
�w } �
J J � �
� �� Q� �
} � � V
� �
� �
.N � � �v
.- O p �
��� �
�V
�
� �
0 �
� .�
� }
� 3
� N
•- �
N •-
N }
.-
� ��
�
V
� �
's N
V �
� �
O �
� �
� ��
� �
� �
.� � ^
� �N
�}Q
N
.� � �
� 0 �
� �
0 � �
� .� .�
>� N
N � .�
0� �
.
N
i
�
�
� �
� �
. N 4)
� }
V �
� �
� �
� �
�
•� 0
� L
� �
N �
�
��
N �
V �
•� 4)
O �
�
.-
� �
O �
� O
,o V
V i
i O
} N
.-
� �
0 � ^
Q N
•� �
���
N O �
m m �
, r���.
,,�
i�
�;�
�,
,:
�;�
::�r .
,
;�,:
�
:� .
�'
0
�
4�
L
�
V
i
�
�
�
�
.�
�
�
�
N
�V
i
�
V
�
�
�
�
._
�
�
�
L
�
V
�
�
�
�
O
V
�
�
�
�
�
�
�
a�
�
�
O
�
�
�
�
�
�
�
s
�
3
0
�
�
�
�
�
�
�
4)
4)
�
�
N
Q
L.L
�
.
V
.-
i
�
V
�
W
�
�
._
�V
�
�
<
�
O
�
4)
0
•
�
�
�
�
�
._
�
0
�
a�
V
�
�V
�
�
�
.�
�
�
�
�
�
a�
�
�
.-
�
�
.�
�
�
O
V
�
N
Q
�
�
s
�
3
O
i
V
�
a�
�
�
a�
a
�
�
V
�
�
�
�
�
.�
�
�
�
�
a�
�
�
�
�
.-
.�
�
4)
m
II�II�
��
M
Q
L.L
�
�
.
�
�
�
4)
.�
�
�
s
4�
i
�
�
�
V
a�
�
i
�
�
�
�
4)
�
O
V
�
.-
�
4)
�
�
4)
V
�
0
._
�
�
4)
>
�
O
V
0
�
�
�
._
�
�
�
�
�
�
V
�
�
.�
�
�
O
V
�
�
�
N
�
�
H ^
M
�
�
0
Z
�
�
��
i
�
>
.-
�
�
�
s
�
�
._
3
�
.�
�
�
i
4)
�
O
O
V
Q
�
�
�
.
�
�
4)
�
�
�
�
�
�
<
�
�
._
�
�
._
�
N
�
_
�
.�
�
�
.�����.
�
�°
�,�
�
�;�
:� „
,
;�
�
�.
. ;%
�����������
�
�
� �V
� �
N �
� }
•- �
� L
� N
�
� 4�
s
N }
� ��
� �
�}
0 �
� V
� i
� �
�V �
� O
O �
�
O N
� �
.-
�s
� V
� V � '�
� 0 M
�}Q
N N L,L
� � �
O } '�
� �.
i
� V �
0 .� �
.�
�
�
�
� ^
i�
� Q
N �
� �
•O .
��
�
� �
� �
i �
'- M
�
� N
0 O
� •-
O }
� �
V N
� �
i V
� �
N �
O }
V �
� O
N i�
� 0
��
�
V 3
L
�
�
/
�
.�
�N
3
J
�
�
�
J
0 �
� �
.O Q
� �
� �
._ �
.-
� }
s �
N �
N }
� �
� �
� �
� �
0 �
V �
�
� ^
'- �
�
� Q
� �
_ �
� '�
� '
._ �
�V �
� �
�
` �
� 3
0
� �
.� 3
� 0
0 �
>s
N }
� �
� �
0 ��
N Q
� �
V �
0 �
� �
� O
� �
s �
� �
.� ,�
N �
m0
��
V
_
C�
��
�
V �
� �
N
0 �
_ �
� •
� N
� ��
� �
� �
N �
N }
'- N
i
�
0 0
._ ._
i }
� ?
� �
� �
� �
� .O
} N
� .-
� �
- �
�' �;
�' ,�
���
�.
Vuu6uimi
�
�
�
�
�
V
�
�
�
i
4)
�
�
4)
�
�
�
i
�
�
�
�
�
�
�
�
�
�
�
�
�
�
.�
�
�
.
�
�
._
4)
�
�
�
O
�
�
0
N
.�
�
�
N
�
�
s
�
O
O
�
N
�
�
N
�
N
�
�
V
�
�
�
�
�
� �
� �
� �
� N
� N
� �
s �
V �
� s
m 3
���;,�,,,,�,��
�
�
�
�
4)
�
�
�
�
�
�
.-
�
�
V
�
�
N
�
N
._
0
I
�
�
�
4)
�
�
.
N
�
V
O
�
�
�
.-
�
�
�
V
�
�
�
�
L
�
N
O
�
._
N
�
.�
�
�
a�
�
�
�
�
�
�V
�
�
�
�
�
�
�
�N
i
�
i
�
�
�
L
�
�
._
�
�
�
�
�
�
�
�
.
N
�
V
�
i
�
�
�
�
�
�
�
�
�
�
�
�
N
�
�V
�
0
V
V
�
�
�
i
�
t/�
3
4)
�
O
�
�
.-
�
�
O
�
�
L
�
�
.-
�
�
V
I
�
�
�
�
�
�
a�
�
.
�
�
�
�
�
O
N
�
L.L
L
�
�
�
�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
File #: ID 14-0225, Version: 1
DEPARTMENT:
CM/ ACM:
Date:
Airport
Jon Fortune
June 17, 2014
Legislation Text
Agenda Information Sheet
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the design and construction of a west side
runway at Denton Enterprise Airport. [ID 14-0222]
BACKGROUND
Denton Enterprise Airport (DTO) Staff first requested a grant from the Texas Department of Transportation
Aviation Division (TxDOT Aviation) in May of 2011 for construction of a second runway located parallel to
the existing runway on the west side of the Airport (Exhibit 1). Over the past three (3) years, there have been
many meetings with the TxDOT Aviation Staff and additional information provided by DTO Staff to quantify
the need for a second runway. DTO is the eighth (8 �' ) busiest airport in the State of Texas based upon takoff
and landing of aircraft. The mix of aircraft from small, propeller training models to much faster corporate jets
makes a second runway an important safety issue regarding flight paths and operating speed on a single
runway.
TxDOT Aviation has now offered the City of Denton a grant to fund design and construction of a second
runway at DTO. A resolution to affirm acceptance of this grant offer is presented for City Council
consideration on the regular meeting agenda for June 17, 2014. The Grant offer is an amount of $6,980,000
with a cost sharing basis of 85% ($5,954,250) from TxDOT Aviation and 15% ($1,025,750) local funding. If
the City Council accepts the grant offer by resolution on June 17, 2014, TxDOT Aviation Staff will present this
project to the Texas Transportation Commission on August 28, 2014 for approval to schedule the project in two
phases. First, an Obstruction Evaluation and Engineering Design will be scheduled to begin in Fiscal 2015
(after October of 2014). Phase 2 will include construction and it is scheduled for Fisca12016 (Exhibit 2). Each
phase of development will begin only after an Airport Project Participation Agreement (APPA) is presented to
the City Council for approval with specific information regarding scope of work and cost. Following approval
of each APPA, the City will be asked to submit the local portion of funding to TxDOT Aviation.
As the engineering design moves forward for this project, the Airport may present to the City Council a
proposal to fund an additional portion of the construction at 100% local funding to increase the width of the
new runway from 4,500 feet X 75 feet to 5,000 feet X 100 feet. There may, also, be some adjustment to the
connecting taxiway connections between the existing runway and the new runway. These features will be
reviewed and included in the proposed APPA for construction when it is presented to the City Council.
OPTIONS
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0225, Version: 1
Approve the proposed resolution to accept the runway design and construction grant or decline the project with
no action.
RECOMMENDATION
A second runway to provide improvement of operating safety and position the Airport to increase capacity for
business expansion is recommended by Staff and the Airport Advisory Board.
ESTIMATED SCHEDULE OF PROJECT
Engineering design will be funded after October 2014 and construction will be funded after October 2015.
Engineering design may begin prior to October 2014 if the City Council approves a Professional Services
Agreement with an engineering firm to be presented for consideration in July 2014 to be funded from the
Airport Fund. Any expense associated with City funded engineering design will be refunded to the City based
upon an 85%/15% cost sharing when grant funds become available in Fisca12015.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Airport Advisory Board considered this grant offer at their meeting on June 1 l, 2014 and recommended
approval by a vote of 6 to 0.
FISCAL INFORMATION
The estimated amount of local funding for engineering and construction ($1,025,750) is proposed to be funded
through issuance of City of Denton Certificates of Obligation with debt services paid from the annual Airport
Fund Budget. Funding will not be proposed until an Airport Project Participation Agreement is presented to the
City Council beginning with the engineering design phase of the proposed grant.
EXHIBITS
L Initial grant request dated May 27, 201 l;
2. Engineering and Construction Project Cost Summary
Respectfully submitted:
Quentin Hix
Director of Aviation
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
,
,,,
� ,,,,,,,,,,� �
,
,,,
„
�
, � „
'
, � �� � ;
�
May 27, 2011
����
1 �
�rr�e'��� i�'pra�o'�
"�lre North 7�xas .�irpark of Choice
5000 A/RPORT RD •DENTON, TEXAS 76207 •(940) 349-7736 •FAX (940) 349-7289
DENTON MUNICIPAL A/RPORT
Scott Gallagher
TxDOT Aviation Division
150 E. Riverside Dr., S�h Floor, South Tower
Austin, TX 78704
Dear Mr. Gallagher:
We greatly appreciate the support that TxDOT AVN has given Denton Airport for infrastructure projects like
the current runway extension and taxiway projects. We would like to once again ask for your support for an
improvement to our aircraft movement area.
As you may be aware, the Denton Airport has grown tremendously over the past several years and growth
continues. A Capacity Study recently performed for Denton Airport by Coffman Associates, Inc. indicates a
calculated capacity for our Airport of 259,000 operations annually with a current level of operations at 164,000
annually. This activity represents 63% of the annual service volume (ASV) for Denton Airport. According to
FAA Order 50903C, Field Formulation of the National Plan of Integrated Airport Systems (NPIAS), capacity
improvement should be planned when operations reach 60% of capacity, and, improvements should be under
construction by the time operations reach 80% of ASV. In order to maintain operating safety and meet the
service demand of an active reliever airport, we request grant funding assistance from the Texas Department of
Transportation Aviation Division for Phase I and II of our 2014 Taxiway/Runway Improvement Program
(T/RIP).
The 2014 T/RIP includes the following four phases:
Phase L Engineering Design for a 5,000 ft X 50 ft parallel taxiway centered on our single runway with
connecting taxiways to the east side of the Airport. This phase will include the engineering design
for expansion of the taxiway to a runway width of 75 ft to accommodate aggressive growth in annual
operations including propeller and turbine engine aircraft. Design will include an 800 ft separation
from the existing 7,000 ft X 150 ft single runway;
Phase IL Construction of a 5000 ft X 50 ft parallel taxiway with connecting taxiways;
Phase III: Expansion of the parallel taxiway to a width of 75 ft to accommodate service as an alternate landing
surface for light aircraft;
"Dedicated to Quality Service"
www.cityofdenton.com
Runway Proj ect
May 27, 2011
Page 2
Phase N: Construction of a taxiway to serve aviation industry development on the west side of Airport
property.
A preliminary cost estimate for Phase I and Phase II of this project is approximately $5 million. I would like to
discuss the immediate implementation of the environmental assessment and engineering necessary to construct
this project. The local cost of these services could, hopefully, be acknowledged as local matching expenditure
toward the total project cost included in a future block grant.
Please contact me at your convenience to discuss this important project.
Sincerely,
Quentin Hix
Airport Manager
cc Michelle Hannah, Proj ect Manager
.
+�!
o �
� N
� O
Q �
�
O
CL
�
�
'�
E
C
�
�
�
�5 �S �7S
� O M '� a .'�,...
J N
O O O
� �
� N
:.i
�
LL
�
� � �
�
i � �
� ,�' $
i � �
�
1 �
� �
� N
� � �
� � �
t E„y
f , V]
� � �
� 4 �
� - W
�����.
� � �a
g �
o°� �
8 O
O O
O �r
� z a
� Z �
�g�
a � .`��
w' �`s
� .�
� W
�
�
Z Z
Z�
00
�
�
N
S
O
N
a
N
�
�
�
a
�
�
.-
�
N
�
� N
'_ �
X �
W N
�
�
.� � I
O �
0 0
a �
� �:
4
a �
c � —
F�
o a �a°i
� � LL
Q N
N �
� � �
� �; a�
r �
� �
� �
C
� d �
1 �
1+ O
1 H
� �
� � F
' � 4
� �
! �
� � J
� �
� � W
� � � ��
� � �
8� 8� 8 S� ol
O N O f� �L1 Q h O
�Nr��"�o�
.-
00000000�
O O O O O O O bp
O� O N��p S N O
°� � � "' �t' � e� o
� N� �o�
� N
ooSS���B
�����N�B
� M
r .
3 L
�e
E
� �
d �
� � 3 � F
�a� � �
�W� � �
aa� ���
� i
a � � � a
a a �, � Z
� � � �t i
� � � (
�
�
Z Z
O W
O
, ci
I �1
e
� o
; •�
� ^ E�
' x
A a
� ..� oc
'���
��
:�
; .�, � �
� � E
I � y �
C @T
� � V
i o `
� o�
i �
i •
I � � V
K
�
e
N
�
a
N
M
�
�
N
ON
�
�
a
�
'S
.-
d
$'
a
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0245, Version: 1
Agenda Information Sheet
DEPARTMENT: Finance
ACM: Bryan Langley
Date: June 17, 2014
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2014-15 Proposed
Budget, Capital Improvement Program, and Five Year Financial Forecast.
BACKGROUND
The purpose of this Work Session item is to provide the City Council with some preliminary information
regarding the FY 2014-15 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast.
The financial planning process is still in the early stages and, as a result, the forecast should not be considered
complete. Over the next several weeks, staff will work to finalize the FY 2014-15 Proposed Budget and Five
Year Financial Forecast recommendations. The final version of the financial plan will be submitted to the City
Council with the City Manager's recommended budget at the end of July 2014.
In addition to the General Fund, the attached presentation details the preliminary budget information for a
number of other key funds in the City. In particular, various rate adjustments are proposed for the Electric,
Water, Wastewater and Solid Waste funds. The Public Utilities Board (PUB) is nearing completion of their
budget recommendations for the Utility funds. These recommendations will be included in the City Manager's
recommended budget.
I want to again emphasize that the information discussed above is preliminary. Staff will be working over the
next several weeks to finalize our projections and, as we obtain more data, we will keep the City Council fully
informed. I look forward to discussing this information in detail with you. If you have any questions, or need
additional information, please let me know.
EXHIBITS
Exhibit 1 - PowerPoint Presentation
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
�
�
�
�
�
�
�
�
�
a
�
•
�
�
�
.�
•
..
�
�
.,..�
.,..�
�
4�
�
�
�
�
O
N
.,
�
�
4�
�
�
�
�
�
�
�
�
�■■�
�
�
�
�
�
�
�
�
W
�
�
W\
/
�
�
�
�
L.L
�
�
�
�
�
V
�
(�
�
O
�
a�
�
�
O
V
�
O
�
�
�
�
�
O
U
�
�
�
Q
X
�
�
�
Q
�
O
�
�
�
�
Q
�
O
V
�
i
�
�
�
�
�
O
�
.�
�
.�
�
�
W
� �
�^, O
W �
W �
� � .�
� � W
�� � �
> �
0 � -
L � �
� � O
� � �
� O �
� � O
� O �'
� � �
� � '�
� �
(� � _
� L �
� O �
� � �
� � >
� � �
� V L
o �
� � �
� �V �
� � ^ �
� � � _ �
� � � � �
`� L � � �
� � � � �
� � � O �
•� � Q � �
J � �
�
O
.�
�
�
X
�
V
�
�
�
�
.�
�
�
�
�
�
�
�
�
�
O
U
�
0
.�
�
�
Q
X
�
�
�
�
�
�
�
�
V
(�
Q
�
I
�
�
�
�
(a
�
�
�
�
�
��
a--�
�
V
.L
V
�
W
�
�
�
�
�
�
�
.�
�
�
�
�
a�
�
Q
�
�
�
�
�1
�
�
(a
�
N
�
�
O
. ,..�
�--�
V
4�
.�
�
3-r
�
�
�
�
�
�--�
C�
3-r
4�
�
�
�
3��1
�
�
�
�
. ,..�
�--�
�
�
�
�
�
�
a
(�
�
V
�
�
�
(a
i
�
�
�
�
Q
0
O
�
I
,-�
i
�
,-�
O
N
�
0
O
�
I
�
�
0
�
�
�
�
�
(a
�
,-�
�
O
N
�
■ ■
�..� /
1�
I
�
�
0
N
�
�
�
�
�
�
�
�
�
�
.�
�
�
�
(�
�
X
� �
a--� a--�
� �
� V
x .L
(� �
� �
� �
� �
� �
O
� �
�
�
I
�
,-�
0
N
�
O
�
�
�
�
�
�
�
�
�
V
.�
�
(�
L
X
�
�
V
�
�
�
�
■
X
�
�
�
�
�
�
�
�
�
�
�
�
,-�
M
,-�
O
N
�
�
>
0
�
r�
0
O
M
,-�
i
�
,-�
O
N
�
0
O
M
0
�
�
0
�
�
�
�
�
(a
�
,-�
�
O
N
�
■ ■
�
L.L
�
�
�
�
LL
0
a--�
�
�
�
a�
�
�
�
�
�
�
�
�
�
�
>
�
��
� �
��
_ �
V �
� �
� �
�
.� O
� �
a--' �
��
O �
�1 �
Q �
■
M
�
�
O
• �..j
�
�
�
�
�
�
�
,�
�-I--i
�
�
�
�
�
�
C�
�
0
. �..�
�
�
�
�
�
�
0
V
�
a--�
�
�
� �
� �
� � �
.,� � (a
� � �
� � �
� >• .—
.� � �
� — W
� � �
� � Cn
� � �
(� V �
� �� �
V � �
� � �1
a--� — �1
'L �� V
� �V �
� L
0
� � \
o � o
.
• � M
M �
� � �
� V >
� �
� �
,-� � � �
�\
� W � �
� ~ � �
O � L L
�
N � � �
� � � �
LL (a � LL
�
�
�
�
.�
�
(a
�
_
�
�
O
�
�
�
.L
�
O
V
�
U
.�
�
�
�
V
.�
0
O
�
(�
�
�
�
�
�
Q
�
�
�
.�
�
a--�
�
�
�
�
O
�
�
�
�
�
�
�
�
(�
L
�
O
�
�
�
.L
a--�
�
O
�
�
�
O
�
�
W
■ ■
L
�
�
�
�
(a
V
�
0
�
�
O
�
�
�
(a
�
�
�
.�
�
�
�
�
a�
�
�
�
�
� �
� ,-�
� O
� N
oC �
� �
� �
�
�
O
•�
�■■�
V
�
• r�
O
�
�
�
�
�
�
��
�
�
�
�
�
�
�
�
• �■■j
• �■■�
��
�
�
�
� �
� � �
� � 00
� .� N
a
�
00
� � �
� � �
� .� N
a
�
ti
L (,i �
ca � �
� �
� .� N
a
�
N � �
L �.i �
� �O O
a N
�
_ � �
� '
.� � O
.G� m N
L
a
o°o a00o � o ° °o 0
M Cfl Cfl M O O M
� ti ti � � � �
1� Cfl 00 Cfl 00 N O�
O'� � N M � f�
� � � �
� � �
� � � � �
CND O � O � O O
00 00 00 � Ln O �
� c� � o o Li� Li�
� 00 00 O� 00 N �
� � O� N � �
N � O �
� � �
� � � � �
N
N
�
:ci
�
�
N
N
�
�
N
N
�
O
:ci
M
N
l ii
f� � N
� N 00
o� c�i �
� � �
� ao 0
O O
� � �
� M
� �
M ' �
M �
O 00
O O
� �
� � �
O
�
�
�
�
rn
�
O
O
O
0
�
N
M
N
�
�
�
�
N
O
�
�
�
� O �
O� � �
� N O
� N Cfl
O
�
�
M f� � 0�0 O �
� N � O O �
00 N � f� O �
� � O Cfl N �M
� � � � nj
N O O O
� � �
� � � �
�
<.i
_
ca
�
m
�
_
�
LL
�
�
._
.�
�
00
N
�
(�
N
U
� �
X �
�
� ~ �
� � �
N �
U
�
� � W
�
U
�
a�
0
�
�
Q
L
�
�
�
�
�
L
�
�
O
�
�
�
�
N
Q
X
W
�
Z
�
�
�
a--�
�
�
a�
Q
X
W
�
N
�
(�
Q
U
�
�
Q
�
�
H
0 0 0
� rn �
� � �
M M
00 �
� �
� �
O N o
M � M
� N �
� �
ti �
O'� �
� �
� �
N O o
� � N
��[! O� �
� N
� �
N �
� �
N� � N
� � N
� 0
N �
� �
� � O
N O� �
�[! N N
� �
M
N
� �
�
�
� Q
=x
W
ca ,�
U � O
� m o
(� _ �
m � �
� LL U
� •_ �
L.L
� � m
� _
�
w U �i
�
N
V
C
�
�
�
�
�
V
L
V
ca
V
C
�
c
�
ca �
� V
� O
� Q
c �
� V
C C
�- �
o �
� �
,--i -�
C
O �
�
� �
� �
V �
� Q
� O
N -�
L �
� �
� '�
� �
ca �
� L
.�
0 6
\ �
O
N �
� O
0 0
� N
� O
� �
L �
� L
�--7 �
� �
� �
� o
C �
� O
N V
V f�
C �
ca �
ca
� V
� �
� L
�i U
�
�
�
�
�
�--�
�
�
�
�
�
C�
�
�
�
�
0
�--�
4�
�
�
A
�
•�
•
..
�
�
a�
�
�
4�
L
�
�
�
�
4�
._
�
�L
.�
L
�
�V
�
�
0
U
,,,,
�
�
(/�
�
�
�
�
L
�
i
�
�
�
�
�
4�
�
L
�
�
4�
�
�
�
�
�
�
L
�
�
�
V
,,,,
�
�
a--�
�
�
.X
0
L
�
�
�
�
.�
�
�
O
�
�
�
�
�
�
V
c�
�
a--�
� �
� .0
� .—
a� �
� �
� •
� �
��
0
0
0
�
�
�
M
�
a--�
0
a--�
�
�
4�
�
�
4�
L
a--�
�
�
�
�
.�
�
�
a�
.�
�
(/�
�
00
,,,,
�
.�
�
�
�
�
�
O
�
�
�
�
L
0
�
�
V
�
�
�
V
�
�
a--�
�
�
,,,,
i� I
�--, �
� L
� �
a--�
O �""�
� (�
a--� L
� �
�
� 0
� �
(/� �
0 �
a--� �
� �
a� a�
� V
� �
ca c�
O �
(/� �
� �
� �
L �
4� �
� � 4�
> �
�4�
L (�
� � �
���
� .o �
L �"� �
V �'
� � L
� � �
� � �
0 L �
,,,,.
�
�
�■■�
�
O
�I■■�
�I■■�
�
V
•
�
�
\
�
V
�
�
• �■■j
V
�
�
V
4�
�O
L
�
�
O
�
[�
i
0
�
�
�
a�
4�
�
O
�
�
V..�
,,,�
�
�
L
0
�
a--�
�
�
�
4�
�
O
L
�
�
._
�
�
(n
[�
�
�
�
>
�
a�
�
O
�
�
V..�
�
�
�
�
0
.�
(n
._
�
�
�
(/�
�
�
0
�
�
�
0
�
(/�
�
0
.�
(/�
._
�
�
�
(n
�
,—�
�
�
.�
�
4�
L
0
>
�
�
�
�
0
�
L
0
�
L
�
�
�
�
O
V
O
�
(/�
V
4�
�O �
L �
��
0 �
'--I �
� �
�
� �
V 4�
� �
a� �
� ._
� � � �
�
�
�
O
L
�
�
V..�
V..�
�
,,,�
�
�
L
�
0
L
�
a--�
�
�
�
�
V
�
c�
�
�
W
a�
V
�
4�
4�
V
�
V..�
.�
�
�
L
4�
�
c�
a�
�
a--�
�
�
�
�
0
4�
�
4�
�
.�
�
(/�
L
�
�
c�
4�
�
�
�
�
.�
�
.�
L
�
�
(/�
V
.�
O
L
�
(/�
�
r�
V
�
0
�
�
� � �
n
�
�
�
�
• �..�
�■■�
�
�
V
�
�
�■■�
�■�I
�
�I■■�
�I■■�
�
V
�
4�
.,..�
V
�
�
�
>
�
ra
�
.�
�
�
�
�
�
a�
>
0
�
�
a
J
�
�
�
� V
�
�1 . L
� �
�V
� L
� �
� �
O
� �
� �
� V
��
��
V �
O X
� �
� �
� � �
� ra �
.� � �
O � �
� � o
� �' U
._ .�
� � (a
o � �
•`� '> a�
� �
� o x
V Q W
� � �
�
. . _
�
�
�
V
O
�
�
�1
�
.L
�
�
O
�
�
�
�1 �
� �
.� �
_�
�� �
��
� �
� �
� O �
.� � �
� � O
Q � �
� �
� � �
�
� N .�
� •� �
� � (a
a� �
� o L
� � �
� �
a ��
x ��
w=�
. .
�
�
a--�
.�
�
L
O
Q
Q
O
�
�
�
�
>
O
�
�
�
O
�
�
�
�
�
�
�
�
�
�
.�
�
�
.
�
�
�
�
L
O
�
�
�
�
�
i
0
�
�
�
O
�
�
�
�
U �
� �
� ��
� ��
�� �
��
a� �
� r�
'� Q
�x
��
.
..,
�
V
�
4�
�
�
�
�
�
�
�
�■■�
�
�
�
�
�
W
��
Vl
�
W
/
�
0
�
.
�
•
a--�
�
�
�
�
�
�
�
a--�
�
.0
�
a�
�
,,,,,,
,,,,,,,;
�
L
0
�
�
.o
(n
.�
�
�
�
(/�
�
�
�
a--�
�
�
�
�
m
�
�
a�
V
O
L
�
a--�
�
�
�
�
�
�
0
0
�
�
i
��
W
�
�
�
�
�
W
�
0
i..L
0
L
� �
� �
� �
��
0
� �
[� �
� �
� �
(/� (�
� �
L L
�
a--�
� �
�--� �
(/� �
� �
.- �
� ca
■ ■ ■
�
�
�
�
�
._
�
�
�
�
�U
0
�
,,,,,,,
,,,,,,,,
•C�i
rl
0
N
�
I.L
�
�
.�
�
V
i
a
�
�
�
�
�
�
�
�
�
i
�
�
W
V
a a o o a �
� � � � � � �
� � � � � �
� � � � �
* �'l,�
6s
�!/r� °��j
S�
G ��p�
os� �
���o ����
a,�� 49�?
��J
o a.�
� �/� 4���
o�
�4�
6'Ci���6-
/
* 40
���
S
�io�4°�p ����
�Q J
°���`o
.�, y
4 y
0���0
�i
� 4�� ��
s� �
/E,
�� O
�'�.
.������
��
a,
� r.i in r.i in ov in �o co �o .� r. a� o m�� m
� O � Qi O O �--I N N M � l.f'1 1.f1 lO C� lO I� 00
�' r-I �--I �--I N N N N N N N N N N N N N N
N
c/9 �
x .� .c,3
H
�
u
�t-
c
O �
.�
7- � � � L C #
N O L aF � � � Y � � �
� � �F � Q � � � � V � �� �
� � � � o o � o � °� a° o -° a � `^ �
L Y � L U a--+ � � � � � �
� � �
CO U CO L CO �L Q � Q �� .i {O � � (_J � �
ca�om���❑c� Laaca���
� c�v m ��n � n oo a� �.� cv m ��n � n
� � � � � � � �
N M �
N N c
O
�
� � �
m
m
0
u
4J �
� �
a �
4J
a' �
NI
0
*
O
,--i
r'I
N
�
L�L
�
Q
V
L
a
W
3
�
�
�
�
�
�
�
�
�
a
c�i c�'a c�'a � c°� � �
c� c:� c� c� c� c� c� �
°� ° c°� o�'n � � �
� � � � � � �
� � �
QJ
S�
� y
os
��
4G� �Cf��CS'
/0,
s�
,�
�'
a
�°,t4��G1i
�/o,,
s�i� �`�J
�'!i���
s,
�o����a�
�
40�4 s����io
��ia � J
�i,�o �'o
q y
�'�!i� �h%
�
O'
4��������
�ip
��
�/j
°'��,�4 �6-
,�i sa
4�����?j
�
s�
�
Q. M N d"] �--I M� �--I � C� 1.P1 00 ��� l!1 O'1 �
QJ U � n QM � Q � 4'1 N � O 4�7 � M � � n �
� �m���;������;�������;
�,����������������,��
�
�
a � .� �
�
�
�
� o
�
�L �
�' a � •['� a�-+ � Q] � `f+ �
0
(j � � Q � � � c a Q � �
� � Gp �-� O �j O � c�i� cn � 44 O � Q
� � � �p � � }, � N t� Q � � � � v
o a�� L`��° � p ai o� ro � U•� ro c� .L
c� � a m c� �� o � � a c� � L a oc �
� r.i m� �r, w n oo rn o� r.i m��n w �
ti � ti � � ti � ti
L1'1 lD
G C1
��
�
a �
UA �p
i
4J �
a
a' �
�
�
�
�
�
�
�
�
�
�
�
O
�
�
��
�■■�
�
�
�
�■■�
�
� M M M d'>
� O CO � O
� y � I� O C>
V 00 00 N 00
O N � � I� d'>
N•O � M M f�
� L � � N
� a � �
� o �n � a�
� � o � ao
� y �s) � � M
�
� � � � � ti
N•O � N M f�
� i O � �
� a � �
ti � N � �
� � � ti � �
i y I� O� 00
� � � � � �
N.O � � M Cfl
� L � � O
� a � �
� � � � ti
� c� � co 0
� y �n �n � c�
�
r V � � � N
N •O00 M � f�
CO � M d'>
� i 00 d'>
� a � �
� � co 0 0
� ao 0 o C>
�y I� � O N
Vl � O O C>
N Q 00 I� C� �
00 CO M d'>
� O � �
� a � �
�
�
M
O
N
�
LL
� � � M
I� � � O
+�+ M � � N
� � � ti �
� 00 I� M O
� � M M C'>
3 ti ti
m
Ef) t>i
M
�
O 3
N Q
�
LL
�
i
� �
� �
o �
N V
� a
�
� � � o
� � O �
� � ti �
� � I� O
M M � �
� ti
Ef} EF}
II�.
CO N � f�
00 00 N d'>
O M N tD
� � � �
� rn � �
� � M �
� �
� �
�
�
�
�
�
� �
y � N
� 'S �
a� �
� � �i
a� �
a� �
`� � U
� � �
� � a�i
li m° in
�
�
�
�
>
�
�
�
�
L
a�
�
O
0
H
� �� d�
O ��� O
� �� d�
� �� �
� �� d�
ti �� ti
N r;ll' "� 00
� �
rn �� a�
� �� �
M ��� M
� �� �
ti�,�
ti �� ti
� �;.III:� ti
� �
� �� �
� �1 r
� �� �
ti �� ti
� �� �
Cfl �� Cfl
O �;.III:"� tD
� �
ti �, ti
o �� o
N u�� N
N u�� N
ti �� ti
� �� d�
� r;.!II;� �
� �
o �� o
rn �� c�
N u�� N
� �� d�
� �� �
� �� d�
� r;ll' � �
� �
N O N
� O f�
M O M
00 � N
Ef3 EF}
� o �
I� O f�
CO � O
Ef) E!i
� ' �
ti ti
O O
� �
� �
�
�
�
� �
� � �
� Q L
�
Q w �
w � �
� Q
� � w
� o 0
0 m H
�\
�
� � �
.� � N
� N —
� L �
� U �
. O �
�O � O
� L �
1� a--J a--�
0 -� �
N � �
� � .
Q �
� � �
.� � �
� � �
� � �
� � �
L
� � i--i
� � U
� � O
� Q
� `
� O �
� 0 1�
� � �
� 0 �
L � �
I--I 0
U ?� c�
O � �a--�
� ��
0 �
= 'O .�
� L �
� �
� � ��
� � �
,� � o
� � �
-a � >
� � a�
�
r� � �
� � �
a--i � a--i
W � Q
N
,--I
_-V
�
•�
�
�
�
�
�
V
�
�
�
4�
�
�
. ,..�
�
r--�
�
4�
�
�
C�
�
�
�
0
. �..�
r--�
. �..�
�
�
�
�
r�
�
a�
�
�
�
�1
�
�
�
�
LL
�^�,
W
W
��
�
0
�
a--�
V
�
�
�
�
a�
�
�
a�
>
�
�
�
�
� �
� �
V �
� �
��
•� V
� �
� �
o �
�1 . �
— �
Q �
V �
�
�
�
l�
�
�
O
�
�
0
�
r�
�
�
0
�
�
�
�
�1
�
�
�
V
.�
�
�
O
Q
O
�
�
�
�
V
�
�
�
�
�
0
�
0
a--�
Q
O
�
Q
■ ■ ■
�
i
�
�
a�
�
Q
�
�
O
�
�
�
Q
a�
�
a�
�
�
�
�
.�
�
a
�
Cn
�
�
V
�
�
�
a�
�
r�
�
.�
X
�
�
�
�
0
�
�
�
V
�
�
�
�
V I
�
0
�
a--�
�
�
�
�
�
a�
�
a� �
�7 �
� �
� L
a--' �1
� O
O �
� �
� �
�1
� �
� �
� V
��
_ o
r� �
� o
o �,
�, V
� �
� �
Q �
■ ■ ■
M
,--I
�
�
�
�
�
�■■�
• �■■�
�
�--�
V
• �■■�
�I
�
V
�
�
�
0
�
ca
�
a--�
�
�
0
a
�
�
�
,,,,
4�
L
�
a--�
V
�
L
�
�
�
�
I--I
�
.�
�
a
�
O
�
�
�
�
�
V
�
�
4�
�
,,,;
�
a--�
._
�
�
�
a--�
(/�
�
�
�
O
. (/� V..�
•� G
� �
� O
� �
� �
� �
� �
O 4�
� �
O �
L
�--� �
V �
L �
a--� [�
� �,
� L
O v
U .�
,,,,
�
0
._
._
�
�
�
W
M
�
�
0
�
�
U
L
�
�
�
�
4�
>
�
,,,,
L
0
a--�
� V
��
� �
� L
� �,
o ,
N p
� V
LL �
L
L �
O c1�
`� O
� V
o �
� O
� .(/�
� �
� •
�
� (f')
� �
[� �
� L
L �
V �
•� 4�
4� �
�--� �
� V
.�
� �
� .V
> �
O �
,,,,
��
m
a
U
..�
a
�
�
�
�
L
�
�
�
�
L
0
(/�
�
./
�--�
�
L
�
a--' (!)
c� �--'
�
� 4�
.� �
L �
� �
� Q
�� �
� �
O �
U �
,,,;
�
�
�
�
�
�
�
�--�
. ,..�
�--1
. ,..�
�■■�
�
�
�--�
�
W
�
�
�
i
a�
L �
� �
� �
� �
4� �
� �
� �
V �
[� �
� 0
4� � V)
L �
4� �
L Q
� x
V �
� �
� �
(/� �
[� 4�
� �
� �
.— �
� �
0 (�
. (/) ��
�
� �
� �
V �
O
LL �
,,,,,
�
(/)
O
V
�
�
a--�
V
[�
�
�
._
�
4�
(n
(/�
�
�
�
�
4�
N
,,,,,
�
�--�
�
�
1..�
L
a�
�
[�
>
a--�
c�
�
�
[�
L
�
>
O
V
�
�
�
O
�
(n
�
c�
�
0
a--�
�
�
�
L
O
�
,,,,,
�
M
�
�
�
a--�
>
�
0
._
._
�
�
�
,-�
,—�
�
� �
O �
� �
� �
U �
L �
� �
4� �
� �
� �
� >
• � 4�
L.L L
,,,,,
�
1�
I
�
�
0
N
�
LL
L
0
�
\
O
0
M
�
O
�
(n
[�
4�
L
V
�
._
4�
�
c�
L
�
4�
�
O
�
O
L
�
,,,,,
�
�
�
�
�
�
�
�■■�
. �..�
�
�■■�
�
�
�
�
�
�--�
�
�
�
�
L
�
0
L
� �
a--�
4� �
� O
� L
V �
[� �
Q O
� L
L �
I �
4� �
L �
� �
a--� L
V �
� a--�
.
� �
(n [a
ca cn
�
� �
.- �
� �
o �
� .0
' — (1)
(n �
� �
V �
O >C
� a�
,,,,
(/�
(/�
0
V
�
�
a--�
V
c�
�
�
._
a--�
._
�
�
�
L
0
�
�
�
0
�
�
�
4�
z
,,,,
�--�
�
W
�
a--�
�
�
L
�
a--�
[�
4�
�
�
�
i
O
V
�
�
�
O
�
�
�
L
�
>
0
�
�
�
� �
L �
O �
� �
,,,,
W
�
�
�
.�
L
�
�
�
�
�
V
X
4�
�
0
._
._
�
�
�
�
�
�
O
�
I--I
U
L
� �
� a--�
�. V
� �
� 'n
� O
._ L
� �
,,,,
�
1�
I
�
,--I
0
N
�
LL
L
O
\°
0
0
�
�
0
�
(/�
[�
4�
L
V
�
._
�
a--�
�
�
�
(n
O
�
O
L
�
,,,,
�
�
�
�
�
�
�
�
. ,..�
r�
V
�
V
4�
�
�
�
�
�
�■■�
�
�
�
. ,..�
�--1
O
�
�
�
.�
�
a--�
�
�
�
._
a�
�
�
�
�
(/�
�
�
�
L
�
i
�
0
V
�
(/�
L
�
V
0
a--�
L
4�
�
.�
�
�
0
V
� � �
0
z .o L
U u� �
� � L
� � �
� �
X �
v � O
� � a--�
'- �
� .� �
a--' L V
V �
.�Q[�
O \'
L i� L
� L �
L � �
.o � �
^o
� L O
� � V
,,,�
�
L
�
i
0
V
4�
L
(/�
r�
�L
4�
�
�
�
�
�
�
.�
�
�
�
�
�
c� �
� 0
i� a--�
4� �
� �
c� O
�--�
L
�
V
�
L
�
�
�
a--�
�
L
0
�
O
�
N
�
0
4�
(/�
[�
�
V
�
._
4�
a--�
�
�
a--�
>
L
c�
V
�
�
�
L
O
�
0
�
M
�
�
[�
�
.�
V
� �
� V
(/� �
O L
��
o �
� �
' ;,,�
�
�
V
�
V
4�
L
n
�
�
�
�
�
�
O
• �■■�
�--�
�
4�
�
�
O
V
�
�
C�
�--�
�
. ,..�
�
�
O
�
�
�--�
W
�
�
�
�
�--�
�
�
W
�--�
�
�
��
�
W
�
�
.�
a--�
�
i
L
�
�
�
0
V
�
4�
�
�
�
i
4�
oC
,,,�
L
[�
4�
�
�
�
�
L
�
V
�--�
W
� �
� 1�
� �
� �
W �
� O
._ N
�
O
L
�
>
�
�
�
�
�
O
U
�
�
_
,,,�
�
1�
L
0
�
�
�
0
�
�
�
�
4�
�
�
0
V
4�
L
..
�
�
V
�
c�
�
�
�
4�
�
�
�
�
�
�
�
�
4�
V
. ,..�
4�
C�
r--�
�
�
A
�
�
�
�
�
.�
�
a�
L
0
a--�
�
4�
a--�
�
�
a--�
(/�
�
4�
a--�
�
X
[�
� �
4� '�
V �
•— �
> ,�
L O
� N
�
� �
� �
4�
0 .�
....
•
1
L�
�
�
�
a�
(/�
�
�
c�
4�
L
�
� L
�
� �
� �
a--�
� �
� V
� .�
� �
x a--'
4� �
4� �
L
.V �
� V
L
4� .�
�
� �
� 4�
4� �
0 �
....
�
�
I
�
,--I
0
N �
� °'
� �'
�
L �
0 �
�
� 4�
� �
L Q
� �
0 0
� �
[� �
a--� �'
�� �
� �
V �
� a--'
4� �
� �
� �
4� �
L
� �
� �
O �
� .—
� �
....
�
� �
� �
• — (n
a� �
��
� o
� �
V �
.� 4�
4� �
�--� �
� �
L �
� �
a--�
0
� V
V �
._ L
� �
L O
�
(n �
� �
� �
4� ca
� �
� �
� �
� '
4� �
� �
�O O
....
�
�
�
O
L
�
rn
�
�"I
�
�
�
�
�
�-+
.�
�
U
i
a
�
�
Oa
❑
�-+
�
�
i
�
O
V
L
�
�
�
V
�
0
�
� � � � � � � I
�r1 �Cr �r1 �i �rl �Ci �ra
rr rr N N r--li a°-I
OJ
S�
� y
os
.°��
6�� �jJ�
. �, ,d,
44
�
��i
TaG ��y
��
��'��� ��Ii
a�
Gp�//% ����
��j/� �ti
�,�o °
q
.a�� 9� j
�
o� ��
�,
4a
��
��/��
s,
�'°,r�,���
y�o��
�
�°•��a��°,y
a�i `P�
�bs��a��o�
L �f1 M O'1 CO Q.--I 1� �.--I Ol 00 N� � M� �
� O'] �'1 r-I Q C� 1� N lO Q'1 rl I� rl I� O ul 1�
�� 00 O'] Oi G��� N N N M f'/1 � � n m M
� •� ri rl' rl rl' rl rl' rl rl' rl rl' rl rl N M
a U
� �iJ} �iJ}
�
a �,
a-+
� �L
�' QJ � a--+ Q� � •:� �" Q
� �--+ � O � � -� Y Q � Q� Q �
U � � � � Vi � Q � Q � � � � �} � Q
� � a-+ �' [� C � � � � C � C � � U
cQ% L � •� L (� � � � � � cU •L �' U •L
C U O O J m d C7 J � V U� C Q L �-' L.L
� c�.i m��n � n oo a� o� N m��n �o n
� � � � � � � �
v-m-I lD
� N
r-I c-I
� �
� �
� �
L
� �
�
a' �
�
N
�
�
�
N
�
i.�
�
U
�
�
�
L.L
�
}+ r-I
� �
z�
O
N
�
�
�
�■■�
�
�■■�
�
�
M
N
4�
�
�
�
�
m
�
�
�
0
L
�
a--�
�
�
�
�
m
�
a--�
._
�
�
,,,,
�
N
�
�
�
I
4�
�
�
�
�
.�
�
L
�
U
c�
�
LL
,,,,
I
�..L
O
�
V /
�
L
0
�
�V
�
�
O
U
�
a--�
U
�
�
ca
�
4�
�
�
�
m
L
�
�
�
�
��
� M
� �
•— �
U r-,
,,,,
�
a--�
(n
�
�
�
a
�
�
�
ca
oC
X
c�
�
�
�
�
.X
�
G
�
0
4�
�
O
i
,,,,
�
L
�
�
�
�
a--�
�
4�
�
�
�
�
�
�
�
�
�
�
a
i
(/�
�
.�
L
�
�
_
V
._
�
�
�
,,,,
�
,—�
L
�
�
�
4�
�
�
4�
�
�
�
0
a--�
�
0
�
a
�
a�
�
�
�
00
,,,,
�
N
�•
V /
O
• �
�
V /
�i./
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0259, Version: 1
Agenda Information Sheet
DEPARTMENT: Economic Development
CM/ ACM:
Date:
John Cabrales, Jr.
June 17, 2014
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax Increment
Reinvestment Zone for the construction of a Hotel and Convention Center on approximately thirteen acres of
land located along Interstate 35 on University of North Texas property. [ID 14-0209]
BACKGROUND
The Project is a collaborative effort between the City of Denton, O'Reilly Hospitality Management (OHM),
O'Reilly Hotel Partners Denton (OHPD), and the University of North Texas. The site is approximately 13 acres
located on LTNT Property adjacent to Apogee Stadium. The Hotel and Restaurant would likely be an Embassy
Suites Hotel and Houlihan's Restaurant (OHPD Funded). The Convention Center would be City funded. The
total project cost is estimated at $85 million ($25 million Convention Center; $60 million Hotel and Restaurant.
Hotel/Restaurant Overview:
• OHPD to lease the land from LTNT
• Funded and owned by OHPD
• Management of construction and operated by OHM
• Goal of 318 suites and 12 stories (minimum allowed - 275 suites and 9 stories)
• LEED Certified
• Houlihan's Restaurant - 8,000 square feet with 290 seats
• Educational opportunity through the LTNT School of Hospitality
Convention Center Overview:
• City to lease the land from LTNT
• City to fund and own Convention Center
• City is not funding the Hotel
• OHM to serve as architect and construction manager
• Sub-lease Convention Center to OHPD
o Operated and managed by OHM
• Approximate size of 100,000 square feet
At the June 3, 2014 meeting, Council directed staff to bring back the matrix of steps that were reviewed by
Council at the December 10, 2013 meeting when the Master Development Agreement and related development
City of Denton Page 1 of 5 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0259, Version: 1
and professional service documents were approved. The following table summarizes the project related
decisions and steps that must occur during the feasibility period prior to the completion of the final design and
initiation of construction. Please note that these steps are not necessarily sequential and may overlap each other
at times.
Status Step
Complete Approve Master Development Agreement
Complete Approval of design development drawings
In Progress Approval of guaranteed m� price construction contract
In Progress Finalize convention center development budget and determine overall project affordability
OHPD to provide hotel funding commitment
OHPD to provide franchise commitment
In Progress Initiate creation of TIRZ and determine possible participation by other governmental
entities
City and OHPD evaluates fa�orability of market conditions
City initiates the sale of bonds to fund construction of the convention center
City issues debt
The proposed T� Increment Reinvestment Zone ( TIRZ) would be the third in the City of Denton. The first TIRZ
was established in 2010 for powntown Denton, and the second TIRZ was established in 2012 for the industrial
park near the Denton Enterprise Airport.
Tax Increment Financing is a tool that local governments can use to publicly finance needed structural
improvements and enhance infrastructure within a defined area in order to stimulate private development and
redevelopment. An ad valorem valuation base is established in the first year, and the revenue from the
increased valuation from subsequent years is allocated to TIIZZ development. The City enlisted the services of
David Pettit Economic Development, a Fort Worth economic development consulting firm, to assist in
establishing the Preliminary Project Plan and Finance Plan for the TIRZ.
The proposed third TIIZZ consists of approximately 13 acres and is located along Interstate 35 on University of
North Texas property. The project would provide convention center facilities to meet community needs and to
encourage and promote economic development through convention and tourism related activity. The site is
currently tax exempt and owned by the University of North Texas. The TIRZ would generate revenue from the
privately-owned Hotel and Restaurant portion of the project. The TIIZZ revenue would be dedicated entirely to
the debt service for the $25 million Convention Center project. Denton County and the Denton Independent
School District (DISD) will have the opportunity to participate in the TIRZ as well. Both entities have
expressed a willingness to consider participation.
The goal is for the Convention Center to be self-funding. The City would sell Certificates of Obligation to fund
the Convention Center construction. The debt service would be funded by Hotel Occupancy Taxes (HOT)
related to the development of the project plus up to $100,000 in other HOT revenue, revenue generated through
the creation of a Tax Increment Reinvestment Zone (TIRZ), City Sales Tax derived from the project, and
OHPD lease payments to the City.
City of Denton Page 2 of 5 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0259, Version: 1
At the June 3, 2014 meeting, City Council also directed staff to provide the steps leading up to the issuance of
Certificates of Obligation (CO) for the project. The following is a summary of the schedule of events that must
occur prior to the issuance of COs for the project, based on an anticipated July approval of a construction
contract.
Date Event
7/15/14 Council considers approval of Guaranteed Maximum Price Agreement for the
roj ect
7/15/14 Council considers adoption of the Notice of Intent Resolution
o later than 7/19/14 First Publication of the Notice of Intent to issue certificates (30 days)
TBD Second Publication of the Notice of Intent to issue certificates
8/19/14 City Council to consider adoption of Bond Resolution delegating the parameters for
the bond sale
TBD Price certificates
TBD Closing and delivery of funds
TIRZ District Valuation: The 2013 certified base value of TIRZ Three, according to the Denton Central
Appraisal District (DCAD), is $0.00 (tax exempt). The estimated revenue to be generated over the life of the
TIRZ is $13,673,693. These dollars reflect City of Denton participation at 100 percent for a period of 30 years.
Denton County and the Denton Independent School District (DISD) participation rates are assumed to be 75%
each for a period of 30 years. Actual participation rates may vary and will be determined after the formation of
the Zone.
TIRZ Board Structure: Staff recommends that the Council consider an eleven member TIIZZ Board
consisting of the Economic Development Partnership Board (EDP) plus one representative from Denton
County and one from DISD (assuming both entities choose to participate). Board terms will be consistent with
EDP board terms, and members will serve two-year staggering terms not to exceed three consecutive terms.
The primary purpose of creating the TIIZZ is to capture revenue from three taxing entities (City, County, and
ISD) to participate in the construction of the Convention Center. If the City and/or Developer decide not to
pursue the development, the TIRZ would need to be dissolved through a separate action by the City Council.
Project Plan: The following table describes the proposed projects outlined in the Project Plan
TED TIRZ REVENUE
Center Facility �$13,673,693*
*Anticipated TIRZRevenue based upon participation and developnzent assunzptions. Actual anzount will be equal to the TIRZ reveYrue
captured during the TIRZ ternz and nzay d�er fi^onz the anzount stated above. The total cost of the Convention Center Facility will be
approxinzately $25 nzillion.
ESTIMATED SCHEDULE OF PROJECT
City of Denton Page 3 of 5 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0259, Version: 1
The following represents the next steps of the project:
August 2014 - If the Ordinance Creating the TIRZ is approved, the Council will appoint 9 of the 11 TIRZ
Board members and designate the Board Chair within 60 days or a reasonable time thereafter
July/August 2014 - Denton County and Denton Independent School District will consider participation in the
TIRZ
August/September 2014 - The TIRZ Board will approve the Final Project Plan and Finance Plan
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
September 2011 - Received proposal from O'Reilly Hospitality Management (OHM)
January 2012 - City, OHM and LTNT reach non-binding agreement on guiding principles to negotiate a
development agreement (the Memorandum of Preliminary Agreement).
March 2012 - City and OHM meet with local hotel operators at the Quarterly Convention and Visitor Bureau
Hospitality Meeting to present the proposed project.
May 2012 - City Council Work Session to receive overview of proposed project and meet with the prospective
developer, Tim O'Reilly.
December 2012 - City and OHM present proposed project to the DISD Trustees during a Trustee Meeting.
March 2013 - City Council Work Session discussion and update on proposed project.
September 2013 - City Council Work Session discussion and update on proposed project.
October 2013 - City Council Work Session discussion and update on proposed project.
November 19, 2013 - City Council Work Session discussion and review of development agreements.
December 2, 2013 - Presentation of proposed project to joint City Council and DISD Board Trustees meeting.
December 3, 2013 - Presentation of proposed project to Economic Development Partnership Board.
December 3, 2013 - City Council Work Session discussion and review of development agreements.
December 10, 2013 - The City Council approved the Master Development Agreement and related development
and professional service documents.
June 3, 2014 - Council work session on the creation of a TIRZ Number Three for the construction of a Hotel
and Convention Center
FISCAL INFORMATION
City of Denton Page 4 of 5 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0259, Version: 1
It is estimated that the TIRZ would generate approximately $13,673,693 over a 30 year period. The City,
County and DISD would contribute an estimated $7,420,856, $2,298,992 and $3,953,845 into the TIRZ fund,
respectively
EXHIBITS
See Exhibits under Public Hearing item for consideration on same agenda
Respectfully submitted:
Aimee Bissett
Economic Development Director
Prepared by:
Erica Sullivan
Economic Development Analyst
City of Denton Page 5 of 5 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0193, Version: 1
AGENDA INFORMATION SHEET
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with
Attorneys - Under Texas Government Code, Section 551.071.
Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the
potential purchase of certain real property interests located in the R.B. Longbottom Survey, Abstract Number
775, City of Denton, Denton County, Texas, and generally located northwest corner of State Highway Loop
288 and Audra Lane. Consultation with the City's attorneys regarding legal issues associated with the potential
acquisition of the real property described above where a public discussion of these legal matters would conflict
with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal
position in any administrative proceeding or potential litigation. (Denton Municipal Electric 69kV Spencer to
Denton North Interchange TransmissionLine Upgrade Project: Parcel P26 - Geesling Gassaway County, Inc.)
[ID 14-0195]
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0196, Version: 1
AGENDA INFORMATION SHEET
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with
Attorneys - Under Texas Government Code, Section 551.071.
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 Caswell Carter Survey, Abstract Number 275,
and in the Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas, and generally
located on the west line of North Loop 288, north of US Highway 380 (University Drive). 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange
Transmission Line Upgrade Project: Parcel P33 - Edward F. Wolski) [ID 14-0197]
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0198, Version: 1
AGENDA INFORMATION SHEET
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with
Attorneys - Under Texas Government Code, Section 551.071.
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 Daniel P. Culp Survey, Abstract No. 287, City
of Denton, Denton County, Texas, and generally located generally on the west line of North Loop 288, south of
Kings Row. 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. (Denton Municipal Electric 69kV Spencer to
Denton North Interchange Transmission Line Upgrade Project Parcel P35 - Kim Property Revocable Living
Trust) [ID 14-0199]
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0203, Version: 1
Agenda Information Sheet
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with
Attorneys - Under Texas Government Code, Section 551.071.
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 Number 817,
City of Denton, Denton County, Texas, and generally located on the north east corner of N Loop 288 and Stuart
Road. 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. (Denton Municipal Electric 69kV Spencer to Denton North
Interchange Transmission Line Upgrade Project: Parcel C9 - Stuart Property Trust, Sherman County Inc., a
Nevada Corporation, as Trustee and Edward F. Wolski, a married man) [ID 14-0202]
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0254, Version: 1
Agenda Information Sheet
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation
with Attorneys - Under Texas Government Code, Section 551.071.
Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition
of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton
County, Texas, located generally in the 1300 block of North 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 Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's
legal position in any administrative proceedings or potential litigation. (Mayhill Road Widening and
Improvements Project: Parcel M026 - Habib Pyarali Arab) [ID 14-0251]
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0257, Version: 1
Agenda Information Sheet
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation
with Attorneys - Under Texas Government Code, Section 551.071.
Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition
of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton
County, Texas, located generally in the 1300 block of North 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 Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's
legal position in any administrative proceedings or potential litigation. (Mayhill Road Widening and
Improvements Project: Parcel M029 - JNJ Prominence Square, LP) [ID 14-0253]
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0258, Version: 1
Agenda Information Sheet
SUBJECT
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 proposed
amendments to the economic development incentive agreement for Golden Triangle Mall. This discussion
shall include commercial and financial information the City Council has received from Golden Triangle Mall
owners which the City 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. [ID 14-0255]
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0267, Version: 1
AGENDA INFORMATION SHEET
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation
with Attorneys - Under Texas Government Code Section 551.071
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 W. Roark Survey, Abstract No. 1087, J.
Severe Survey, Abstract 1164, B.B.B. & C.R.R. Co. Survey, Abstract No.196 and the J. W. Withers Survey,
Abstract No. 1343, all in Denton County, Texas, generally located along a line running west to east,
commencing at U.S. Highway 377 adjacent to the Fort Worth Drive Substation and continuing to the west right
of way line of F. M. 1830 City of Denton, Texas. 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. (Denton
Municipal Electric Fort Worth Tl Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM
1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.)[ID 14-0268]
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0269, Version: 1
Agenda Information Sheet
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation
with Attorneys - Under Texas Government Code Section 551.071.
Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition
of real property interests located in the M.E.P. & P.R.R. Survey, Abstract No. 927, located in the City of
Denton, Denton County, Texas, and being generally in the 1000 block of South Mayhill Road. 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
M100 - Estate of Eliza F. Duncan, deceased) [ID 14-0270]
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0243, Version: 1
Agenda Information Sheet
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation
with Attorneys - Under Texas Government Code, Section 551.071.
Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the
acquisition of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927,
Denton County, Texas, located generally in the 500 block of North 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 Denton City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the
City's legal position in any administrative proceedings or potential litigation. (Mayhill Road Widening and
Improvements project: Parce170 - 551 Mayhill Joint Venture) [No Action Item on Regular Agenda]
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0242, Version: 1
Agenda Information Sheet
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation
with Attorneys - Under Texas Government Code, Section 551.071.
Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the
acquisition of real property interests located in the A. Tompkins Survey, Abstract Number 1246, Denton
County, Texas, located generally in the 1800 block of South Bonnie Brae Street, in the City of Denton, Denton
County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or
condemnation of the real property interests referenced above where a public discussion of these legal matters
would conflict with the duty of the City's attorneys to the City of Denton and Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's
legal position in any administrative proceedings or potential litigation. (Bonnie Brae Street Widening and
Improvements project: Parcel 18 - Thomas) [No Action Item on Regular Agenda]
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
File #: ID 14-0262, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Consultation with Attorneys - Under Texas Government Code, Section 552.071.
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; impacts of federal and state law and regulations; impacts of gas well drilling upon
protected uses and vice-versa; moratorium on drilling and production; other concerns about municipal
regulatory authority or matters relating to enforcement of the Gas Well Ordinance; and legal matters associated
with a citizen's initiative regarding hydraulic fracturing where a public discussion of these legal matters would
conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
File #: ID 14-0274, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Consultation with Attorneys - Under Texas Government Code, Section 552.071.
Consult with City's attorneys regarding litigation styled Shaklee v. City ofDenton, Cause No. 2013-20132-158,
currently pending in the 158�' District Court, Denton County, Texas where public discussion of these legal
matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas.
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0279, Version: 1
AGENDA INFORMATION SHEET
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; 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.
Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the sale of
real property interests locacted in the M. Forrest Survey, Abstract Number 417, in the City of Denton, Denton
County, Texas. Receive a report and hold a discussion regarding negotiations for a potential transaction. This
discussion shall include commercial and financial information the City Council may receive from the property
owners which the City seeks for the public use of expansion, construction, maintenance, replacement,
operation, augmentation and improvement of electric transmission and distribution lines, facilities and
structures, as well as substations, (herein the "DME Expansion Project"). Also hold a discussion with the City's
attorneys on the referenced topic 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 Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0195, Version: 1
AGENDA INFORMATION SHEET
DEPARTMENT: Denton Municipal Electric
ACM:
DATE:
Howard Martin, Utilities, 349-8232
June 17, 2014
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to accept a Counter offer from
Gassaway Property Trust ("Owner"), made by its Trustee, Geesling Gassaway County, Inc., a Nevada
Corporation, for the purchase by the City of an electric Utility Easement encumbering a 2.9001 acre tract of
land situated in the R.B. Longbottom Survey, Abstract No. 775, City of Denton, Denton County, Texas
("Property Interest") for the public use of expansion, construction, operation, maintenance, augmentation, and
improvement of electric transmission and distribution lines, facilities, structures, and substations for the
purchase price of Five Hundred Eighty Eight Thousand, Four Hundred Ninety Six Dollars and Eighty Eight
Cents ($588,496. 88 ), authorizing the expenditure of funds; and providing an effective date. (Denton Municipal
Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: P26 - Geesling
Gassaway County, Inc.)
BACKGROUND
Offers have been made to the property owner on April 17, 2013, and July l, 2013 to purchase the captioned
land rights in accordance with Ordinance 2013-094.
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.
ESTIMATED SCHEDULE OF PROJECT
Winter 2014 - Spring 2015
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council Public Hearing November 15, 2011 (Route Approvals)
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0195, Version: 1
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by
Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas
(ERCO'1�. The purchase price of $588,496.88. 88 plus closing costs as prescribed in the Agreement are to be funded tY�rough these
funding sources.
BID INFORMATION
N/A
EXHIBITS
1. Location Map
2. Ordinance
Respectfully submitted,
Phil Williams,
General Manager
Denton Municipal Electric
Prepared by:
Pamela England,
Real Estate Specialist
Engineering Services
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
LOCATION MAP
�- • �. ' •�• -� � � • ���r%%'
�� �
'�I % � i i%
''I'' �� 1 � �� �� ' � ; � 1 G i
,
�
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ACCEPT A COUNTEROFFER FROM GASSAWAY
PROPERTY TRUST ("OWNER"), MADE BY ITS TRUSTEE, GEESLING GASSAWAY
COUNTY, INC., A NEVADA CORPORATION, FOR THE PURCHASE BY THE CITY OF
AN ELECTRIC UTILITY EASEMENT ENCUMBERING A 2.9001 ACRE TRACT OF LAND
BEING GENERALLY SITUATED IN THE R.B. LONGBOTTOM SURVEY, ABSTRACT
NO. 775, CITY OF DENTON, DENTON COLTNTY, TEXAS ("PROPERTY INTEREST") FOR
THE PUBLIC USE OF EXPANSION, CONSTRUCTION, OPERATION, MAINTENANCE,
AUGMENTATION, AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND
DISTRIBUTION LINES, FACILITIES, STRUCTURES, AND SUBSTATIONS FOR THE
PRICE OF FIVE HUNDRED EIGHTY-EIGHT THOUSAND, FOUR HUNDRED NINETY-
SIX DOLLARS AND 88/100 ($588,496.88); AUTHORIZING THE EXPENDITURE OF
FUNDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas ("City") has approved plans
for the construction of multiple electric transmission line and substation projects ("DME
Expansion Projects");
WHEREAS, the DME Expansion Projects serve the public interest of the citizens of the
City by continuing to provide reliable electric service through electric utility infrastructure
expansion and improvements;
WHEREAS, numerous real property interests need to be acquired by the City to construct
the DME Expansion Projects;
WHEREAS, the City needs to acquire a 2.9001 acre electric utility easement on property
owned by Gassaway Property Trust ("Owner") for the DME Expansion Projects ("Property
Interest"); the Property Interest is generally situated in the R.B. Longbottom Survey, Abstract
No. 775, City of Denton, Denton County, Texas, and is more fully described in Exhibit A and
shown on Exhibit B both of which are exhibits to the attached Easement Purchase Agreement;
WHEREAS, the Property Interest is to be used for the public use of expansion,
construction, operation, maintenance, augmentation, and improvement of electric transmission
and distribution lines, facilities, structures, and substations;
WHEREAS, the City made both an Initial Offer and Final Offer to the Owner to purchase
the Property Interest;
WHEREAS, the Owner has made a counteroffer to the Final Offer of City;
WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best
interest to agree to it; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance
are incorporated by reference.
SECTION 2. The City Council finds that:
a. The DME Expansion Projects serve the public interest of the citizens of
the City by continuing to provide reliable electric service through electric utility
infrastructure expansion and improvements; and
b. The acquisition of the Property Interest is necessary for the public use of
expansion, construction, operation, maintenance, augmentation, and improvement of
electric transmission and distribution lines, facilities, structures, and substations as
required by the DME Expansion Projects.
SECTION 3. The City Manager, or his designee, is authorized to accept the Owner's
counteroffer to sell the Property Interest for the purchase price of Five Hundred Eighty Eight
Thousand, Four Hundred Ninety Six Dollars and 88/100 ($588,496.88).
SECTION 4. The City Manager, or his designee, is authorized to (a) execute (i) the
Easement Purchase Agreement, by and between the City and Owner, in the form attached as
Attachment 1; and (ii) any other documents necessary for closing the transaction contemplated
by the Easement Purchase Agreement; and (b) to make expenditures in accordance with the
terms of the Easement Purchase Agreement.
SECTION 5. It is the intention of the City Council of the City of Denton, Texas, that if
any phrase, sentence, section, or paragraph of this ordinance shall be declared unconstitutional or
otherwise invalid by fnal judgment of a court of competent jurisdiction such unconstitutionality
or invalidity shall not affect any of the remainder of this ordinance since the same would have
been enacted by the City Council without the incorporation of the unconstitutional or invalid
phrase, sentence, section or paragraph.
SECTION 6. This ordinance shall beconle effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
CHRIS WATTS, MAYOR
2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Easement Purchase Agreement
NOTICE
YOU, AS OWNER OF THE EASEMENT LANDS (AS DEFINED BELOW), HAVE THE
RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY
OF DENTON'S ACQUISITION OF THE EASEMENT WITH OTHERS; OR (2) KEEP
THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS EASEMENT PURCHASE AGREEMENT ("Agreement") is dated
, 2014, between Geesling Gassaway County, Inc., a Nevada
Corporation, as Trustee of the Gassaway Property Trust (the "Owner") and the City of Denton,
Texas ("City")
WITNESSETH:
WHEREAS, Geesling Gassaway County, Inc., a Nevada Corporation, as Trustee of the
Gassaway Property Trust is the Owner of a tract of land (the "Land") in the R.B. Longbottom
Company Survey, Abstract Number 775, Denton County, Texas being affected by the public
improvement Project called the Spencer Transmission Line Project ("Project"); and
WHEREAS, City is in need of certain easements in, along, over, upon, under and across the
tract of land described above related to the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary easements for the Project;
1
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1. At Closing, the Owner shall grant, execute, and deliver to the City an easement in, along,
over, upon, under and across the tract of land being described in Exhibit "A", and depicted in
Exhibit "B", respectively (the "Easement Lands"), to that certain Electric Utility Easement
attached hereto as Attachment 1 and made part hereof, for electric utility purposes, as more
particularly described therein (the "Easement"); The Easement shall be in the form as attached
hereto and incorporated herein as "Attachment 1".
2. As consideration for the granting of the Easement, the City shall pay to Owner at Closing the
sum of FIVE HLJNDRED EIGHTY-EIGHT THOUSAND, FOUR HIINDRED NINETY-SIX
and 88/100 DOLLARS ($588,496.88) as compensation for the Easement. The monetary
compensation prescribed in this Section 2 is herein referred to as the "Total Monetary
Compensation".
3. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all
compensation due Owner by City related to the Project, including without limitation, any
damage to or diminution in the value of the remainder of Owner's property caused by, incident
to, or related to the Project, damage to and/or costs of repair, replacement and/or relocation of
any improvements, turf, landscape, vegetation, or any other structure or facility of any kind
located within the Easement Lands related to activities conducted pursuant to the Easement,
interference with Owner's activities on the Easement Lands or other property interests of Owner
caused by or related to the Project and/or activities related to the Easement, whether accruing
now or hereafter, and Owner hereby releases for itself, its, successors and assigns, the City, it's
officers, employees, elected officials, agents and contractors from and against any and all claims
�
they may have now or in the future, related to the herein described matters, events and/or
damages.
4. The Closing (herein so called) shall occur in and through the office of Title Resources, 525
South Loop 288, Suite #125, Denton, Texas 76205 ("Titl Company"), with said Title Company
acting as escrow agent, on the date which is days after the Effective Date, unless the Owner
and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). The Owner
shall convey the Easement free and clear of all debts, liens and encumbrances. The Owner shall
assist and support satisfaction of all closing requirements in relation to solicitation of release or
subordination of liens and encumbrances and other curative efforts affecting the Easement, if
necessary in the discretion of the City.
5. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to
the Owner through the Title Company. All other typical customary and standard closing costs
associated with this transaction shall be paid specifically by the City, except for Owner's
attorney's fees, if any, which shall be paid by Owner.
6. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of
this Agreement.
7. In the event Owner shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of such default and
opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity
or otherwise, including without limitation, the remedy of specific performance or termination of
this Agreement.
8. 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
�3
to cure, Owner may, as his sole and exclusive remedy, either (i) terminate this Agreement prior
to Closing by written notice of such election to City; or (ii) enforce speciiic performance of this
Agreement.
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY,TEXAS.
10. From and after the date of execution of this Agreement by Owner to the date of Closing,
Owner shall not (i) convey or lease any interest in the Easement Lands; or (ii) enter into any
Agreement that will be binding upon the Easement Lands or upon the Owner with respect to the
Easement Lands after the date of Closing.
1 l. Any notices prescribed or allowed hereunder to Owner and/or City shall be in writing and,
except as otherwise provided herein, shall be delivered by telephonic facsimile, hand delivery or
by United States Mail, as described herein, and shall be deemed delivered 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: CITY:
�5 � � � City of Denton
� o Paul Williamson
� t� �� ��/ � d, ? 2 Real Estate and Capital Support
Phone ° � ° �,� � ���� °°�� 901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
4
Copies to:
For Owner:
;� � � �;ia �
r;, , � �� � .' , !
�
Telecopy:
For Citv:
Scott W. Hickey, Attorney at Law
Kelsey, Kelsey & Hickey, PLLC
P.O. Box 918
Denton, Texas 76202
Telecopy: (940) 387-9553
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.
13. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Easement.
14. Authority to take any actions that are to be, or may be, taken by Buyer under this
Agreement, including without limitation, adjustment of the Closing Date, are hereby delegated
by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, General
Manager, Electric Administration of Buyer, or his designee.
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity 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. If the Closing Date or day of performance of any act required or permitted hereunder falls on
a Saturday, Sunday or legal holiday, then the Closing Date or day of performance, as the case
may be, shall be the next following regular business day.
5
CITY OF DENTON, TEXAS
By:
GEORGE C. CAMPBELL,
CITY MANAGER
Da�e: , 2014
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
Date: , 2014
APPROVED AS TO LEGAL FORM:
$�'.�°.�,..��'
J ���
S�cott W_ N��
e�eps°i�'`t�' tr��on
e �
BY:
Date: �__ , 2014
� � J
�
Owner:
Geeslin -- ssaway County, I c., a Nevada
Corpo�i � as Trustee� of �e Gassaway
: '��"�`''.'�a�' ,
...
�'
Date: , 2014
Addendum to
Easement Purchase Agreement
This Addendum to Easement Purchase Agreement is made herein as an amendment to certain
terms of the Easement Purchase Agreement set forth above.
NOW, THEREFORE, Owner and City hereby agree as follows:
A. Randall Smith shall be paid a 6% commission on the sale of the Easement Lands described
herein, payable by Owner from Owner's proceeds.
B. Owner and City further agree that the Easement Lands are being GRANTED, SOLD and
CONVEYED in lieu of the condemnation process threatened, pending, or authorized by law,
by City.
.�-
. Owner : City
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended
from time to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources
Attn: Virginia Kubiak
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381-1006
Telecopy: (940) 898-0121
:
Printed Name:
Title:
Contract receipt date: , 2014
�
EXHIBIT "A"
LEGAL DESCRIPTION
E�ECTRIC EASEMENT
BEING A 2.9001 ACRE TRACT OF LAND SITUATED IN TNE R.B. LONGBOTTOM SURVEY, ABSTRACT 775 AND BEING
A PORTION OF A CALLED 37.600 ACRE TRACT OF LAND DESCRIBED IN A DEED TO GEESLING GASSAWAY
COUN7Y, INC., A NEVADA CORPORATION, AS TRUSTEE OF THE GASSAWAY PROPERTY TRUST, AS RECORDED
IN DOCUMENT NUMBER 2005-50247 OF TNE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID
2.9001 ACRE TRACT OF LAND BEING MORE PARTICULARLY pESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 5/8 inch iron rod found for the southeast corner of a cailed 1.9126 acre tract of land described in a deed
to the City of Denton, Texas, a Texas Home Rule Municipai Corporation as recorded in Document Number 2012-130856 of
the Real Property Records of Denton County, Texas, same lying in the north line of above cited Geesling tract;
THENCE North 88°42'18" West with the common line between said 1.9126 acre tract and said Geesiing tract, a distance of
27.30 feet, to a point for carner at the POINT OF BEGINNING for the herein described tract;
THENCE over and across said Geesiing tract the following 3 courses and distances:
South 04°46'56" West, a distance of 162.77 feet to a point for a corner;
5outh 89°49'11" East, a distance of 342.22 feet to a paint for a corner;
South 00`24'40" West, a distance of 1175.48 feet to a point lying in the south line of said Geesling tract and the
north ►ine of a cailed 26.4732 acre tract of land described in a deed to the City of Denton, Texas, a Texas
Home Rule Municipai Corporation, as recorded in Document Number 2012-129326 of the Reai Property
Records of Denton County, Texas, and being in the approximate cenierline of Audra Lane (Variabie Width R-
0-V�, For the soufheast corner hereof;
THENCE South 89°47'21" West with the common line between said Geesling tract and 26.4732 acre tract, passing a 5/8
inch iron rod with cap stamped "TNP" set for reference at the centerline of the herein described tract at a distance of 37.50
feet, and continuing along said line a total distance of 75.00 feet to a point for the southwest carner hereof;
THENGE leaving the common line between said Geesiing tract and said 26.4732 acre tract, and over and across said
Geesling tract the foliowing 3 courses and distances:
North 00°24'40" East, a distance of 1100.99 feet to a point for a corner;
North 89°49'11" West, a distance of 348.20 feet to a point for a comer;
North 04°46'56" East, a distance of 239.48 feet to a point lying on the common line between said Geesling tract
and said 1.9126 acre tract, for the northwest corner hereof;
THENCE South 88°42'18" East with said common line between said Geesiing tract and said 1.9126 acre tract, passing a 5l8
inch iron rod with cap stamped "TNP" set for reference at the centeriine of the herein described tract at a distance of 37.57
feet, and continuing for a total distance of 75.14 feet to the POINT OF BEGINNING, and containing 2.9001 acres of land,
more orless.
1���.._..,..__,
d . Turner, R.P.L.S.
Dec. 12, 2012
Sep. 20, 2012 — Fieid
Revised: Sep. 30, 2013
(Address Schedule 6 ifems)
T.B.P.L�. Firm 10011601
��`"G � � RE-�,�
.... .............
...
TODD Ei. NRNQ2
:� 4859
,q�°:;� s s;
r...�„°. s'u �'
Sheet 1of2
CI7Y OF DENTON, 7EXA5 ❑ ❑ LINE BEARING DISTANCE
DOC. N0. 2072-130856 EXHIBIT B -
R.P.R.O.C.T. ZIAIMERER REAI Lj N t38'42��F3 W 27.30
(CALLED 1.9126 ACRE 'fRACT) PROPERTIES, L ,_._
201t-115033 ZIMMERER REAL LZ S �Q'46'rjs'� W �162.77�
L3 c Es
R.P.R.D.C.7. ROPERTI L.L.P.
��4 t6'^W9DE ORAI.N�ESML PASS 3�" JXS "- ��`" /RF �OC. N0. 2004-5424 L� S�i�5�42�� 8� E 75.14�
� y.._,�OOC. NO 2009-36652 M77'H CAP- '�-� R.P.R.D.C.T. —'�` '�
� � — R. P.R, p. C. Z 57AMPED 'TNY " _
� � (��k) AT 37.57' �-,5/8" ptF POI NT OF iRf
;� POINT OF � � COMMENCING ,%r
BEGINN.ING N l�2" JRF �".'�°„"'-" T�-`��
----- ---N 04'46'56" E- --- ---- S89'49'11"E 342.22i --_--____ i ��� i
----- --- -----_; - ------ -�--- �-_J
239.48' - - --�-_--_--3a5.z.t,.-_^ _ . i -�------,' i �\\
I 20' VflpE 5lN. � .� ...... . , ' � 1)I 2
16 I S£1YER ESA(7. !. � � � 1` `�j.�F�
VOL. 942, PC. B7 N89'49'11 "W 348.20' .� i �'�
� D.a.o.c.r. ' I � � �� `o��o
O37 (ra� Krrx aa a/a° �ns ; � � � �� �� 9�A
� ��o
SfAMP&D TNP" 5TaMPED "TNP" '� 1 ,t 1 \� o'S' �' `��9"Qi-
I � V � � ? <'.,�'S' ,P
16 � _ i i \, , \� 0 9'L�y< O�
� GBESUNG GASSAWAY COUNTY. INC., , q � � ,�� I7
� 1
G� a Nevada Cwporatlon, � c0 � � �;�' ��l/
-o � os Trustee of the Gossaway Property trust �� `}" � � �
Q� � DOC. N0. 2005-50247 O � �� 1 1
�n I R.P.R.D.GL �.j��`� r : a i� � i
�� o� (CALLED 37.600 ACRE TRACT�j�� �r` a " � I .-- I ,'
=N� n��-�Ga d w � � � �
a o a� G'°�°�� �-�j V`` o ;. � � �
4 Z C�'U� °s�r � `r i°� �� 0 100 200 400
_� � j 1 �G o o �����S%j� a. ; � �' I 70' N7DE £CEC. `
a O �i-��' �J --«-� d' L..— 7RANSM/SS/�W fSMT.�
W � N � VOL. 1066, PG. 533
� (BLANXfT £ASEMENTS AFFEC77NG PROP£R7YJ � � � � � D.R.D.C. L �
LONf S7AR CAS COMPANY ' � p � (�qT) �
,o
� snazos R�COCI°ER�S�SSION ELEC7RIC z�' i v> � `� �� SCALE: 1" = 200'
� VOG. 354, PG 397 N � � ,
LONf STAP, GAS COIAPAIJY �� ' � `
D I VOL 429, PG 2t38 Z�x40�fLEC. p� i - � 1,
I D.R.D.C.T. TAANSMIS$lON ESM7.
VOI. 7087, FG. 2J� � �
��� (tOQ. ICN7 & 10SJ D.R.D.C.L \ � � �
e I (ron) � �
i I.EGEND I � � N�
_ � � CALCUTATEb POWT ' � 20' w�DE SaN. 1 � p„ �
._,__�� � 5/8" IRS STA�APED 1NP 37.50� s£wEa EsMr. ��( p o
, I VOC. 942, PG. 87 I
y � ■ CONCRETE R-O-W MOtJUMENT � D.R1OC.7. � d�
( ) I x
-----I O IftON ROD FOUND (UNLE55 OTHERWISE NOiED � � } F"
s [) RECORO INFORMATION I � � � _�
CM CON7ROL MONUMENt � �� H J
� -- CENTERUNE ELEC. ESMT. 7rJ.00� p5' WtD£ U77LtTY fSNT. I H
E S M T. 8 0 U N D A R Y � � VOL. 186L PGJSI �
- I D.R. D. C. T. I ��
� � — - - — - - — ADJACENT PROPERTY L1NE I (r�I I i ~ >
'—' S 89'47'21" W i � �- v
O e 75. oo� i i A IONE STAk GAS UNE RUNS �� �
ALCNG AND NE�R lHE
� ( CENTERUNE Of AVDRA I,ANE I
Apparent North R—O—W � � A�CGEOMG TO NIWiWAY MAP$ i �
' Line of Audro Lane '� __ __ � � �o•Xao' .arNOS en,�RCr EsMr.
- DOC. N0. 2008-14962
-------
- -� "- R. P. R. D. C. T.
Nor�s: �� AUDRA LANE _ _ - _ _ � _ - _ CL ��o�)
iHIS EXFiI�iT WAS PREPAREO 1'ATt� THE BENEFlT OF Tiil.E RESOURCES IXIARANN COMPANY COMIAITAENT
FOR 11TLE INSURANCE. GF N0. 172178, EFFECTVE OA7E: JULY i6. 2013 PASS 5/8" !RS �
TiE FOLLOVANG SCHEOVIF 8 ITEMS DO AFFECT 1NI5 TRACT, AS SNONN: 1�1Tli CAP
tOl tOrn, tOn and tOp. S7'ANPED TNP"
AT 37.80'
❑1E fOLLOYANG ITEMS DO NOT AfiEC7 7NIS 7RkCT:
t0 Eosement exewted by Geesling Gossowoy Co�nty, Inc. to Atmos Ener9Y �Paatio� filed iebruory 13, 2008, unda
C�� 2008-14962, R.P.R.D.C.T,
tOk. Publ(c Dwinage Eosement executed b Gersiing Gossaway CouMy, Inc. lo the Gty of Deolon. Texoa (�led March 29,
2009. undu CC/y 2E009-3665Q R.P,R.D.C.Iy
µ3, P�age 220 �D,R.p C T nt executed by Mary lou Follis to Stolt of Texas filed Januory 16, 1959, rtcorded in VWUme
100. 20' Dralnaqe Egeem ent axecuted by T4mer f. Casaowoy ond Joyce Gassaway to the City ot Oenton, Tazas Fliud ApN
25. 1984, recordtd h vWume 1387, Poge 617, R.P.R.�.C.T.
BASIS OF [iEARING:
Bearings ar@ based on the Texas �IZte Plane
Coordinate System, North Central�ZOne (NAD831.
. .
..,�.-..__
odd B. Turner, R.P.L.S.
Qec. 12, 2012
Sep. 20, 2012 - Field
Revised: Sep. 30, 2013
(Address Schedule B items)
T,B.P.L.S. Firm 10011601
���°����
�P����sreRFO ��
'�'
....>...>o..<...o......00.o..
TODD 6. TURNER
.. ,...> ..............e...;...
� �. q 4859 �:°
�;.q '• Ff S S � � O�
�c N''••......•• -t�
\.. suR�
CITY OF DENTON, TEXAS
DOC. N0. 2012-129326
R.P.R,D.C.T.
(CALLED 26.4732 ACRE TRAC7)
2.9001 ACRES
Situated in the
R.B. Longbottom Survey, Abstract 775
City nf Denton
Denton County, Texas
JOB N0. DME13222
.�:x n
SHEET 2 OF 2
teagve nall & perkins
1 ISV Ceniro Place Ddve, Suhe 5Y0
I Denfon, Tezc� 7G40S
940.383.4177 ph 940.383.8046 ix
www.mpinc.com
ATTACHMENT 1
TO
EASEMENT PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ELECTRIC UTILITY EASEMENT
��. _��L� � . __. _
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT, Geesling Gassaway County, Inc., a Nevada Corporation, as Trustee of the Gassaway
Property Trust (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 Denton County, Texas, being approximately 2.9001 acres
and being more particularly described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and
incorporated into 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 purposes of and right to construct, maintain, operate, improve,
reconstruct, increase or reduce the size and capacity, repair, relocate, inspect, pafrol, 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. GRANTEE 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.
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 hereof. Upon written consent of GRANTEE, such consent to be exercised
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.
2
GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to triin or remove trees
as provided herein, together with the right to install gates in existing fences within such EASEMENT
PROPERTY.
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
("LJNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall not
construct, and GRANTEE shall have the right to prevent the construction of, LTNPERMITTED
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 shall constitute a covenant running with the land and shall bind and inure to
the beneiit of GRANTOR and GRANTEE, and their successors, and assigns.
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.
WITNESS THE EXECUTION HEREOF on the _ day of , 2014.
C :-►1�C11�
Geesling Gassaway County, Inc., a Nevada Corporation,
as Tiustee of the Gassaway Property Trust
C
Capacity:
�3
State of Texas
County of
This instrument was acknowledged before me on this day of , 2014,
by as of Geesling Gassaway
County, Inc., a Nevada Corporation, as Trustee of the Gassaway Property Trust on behalf of the said
corporation and in the capacity therein stated.
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
Real Estate and Capital Support
901-A Texas Street, 2°d Floor
Denton, Texas 76209
Attn: Paul Williamson
Notary Public, State of _
My Commission Expires:
�
EXHIBIT "A"
LEGAL pESCRIPTION
ELECTRIC EASEMENT
BEING A 2.9001 ACRE TRACT OF LAND SITUATED IN TNE R.B. LONGBOTTOM SURVEY, ABSTRACT 775 AND BEING
A PORTION OF A CAL�ED 37.600 ACRE TRACT OF LAND DESCRIBED IN A DEED TO GEESLING GASSAWAY
COUNTY, INC., A NEVADA CORPORATION, AS TRUSTEE OF THE GASSAWAY PROPERTY TRUST, AS f2ECORDED
IN DOCUMENT NUMBER 2005-50247 OF THE REAL PROPERTY RECORD5 OF DENTON COUNTY, TEXAS. SAID
2.9001 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 5/8 inch iron rod found for the southeast corner of a cailed 1.9126 acre tract of land described in a deed
to the City of Denton, Texas, a Texas Home Rule Municipal Corporation as recorded in Document Number 2012-130856 of
the Real Property Records of Denton County, 1'exas, same lying in the north line of above cited Geesling tract;
THENCE North 88°42'18" West with the common line between said 1.9126 acre tract and said Geesling tract, a distance of
27.30 feet, to a point for corner at the POINT OF BEGINNING for the herein described tract;
THENCE over and across said Geesling tract the foilowing 3 courses and distances:
South 04°46'56" West, a distance of 162.77 feet to a point for a corner;
South 89°49'11" East, a distance of 342.22 feet to a�oint for a corner;
South 00`24'40" West, a distance of 1175.48 feet to a point lying in the south line of said Geesling tract and the
north line of a called 26.4732 acre tract of land described in a deed to the City of Denton, Texas, a Texas
Home Rule Municipai Corporation, as recorded in Document Number 2012-129326 of the Reai Property
Records of Denton County, Texas, and being in the approximate centeriine of Audra Lane (Variabie Width R-
O-V�, for the soufheast corner hereof;
THENCE South 89°47'21" West with the common line beiween said Geesling tract and 26.4732 acre tract, passing a 5/8
inch iron rod with cap stamped "TNP" set for reference at the centerline of the herein described fract at a distance of 37.50
feet, and continuing a(ong said line a total distance of 75.00 feet to a point for the southwest corner hereof;
7HENCE leaving the common line between said Geesling tract and said 26.4732 acre tract, and over and across said
Geesiing tract the following 3 courses and distances:
North 00°24'40" East, a distance of 1100.99 feet to a point for a corner;
North 89°49'11" West, a distance of 348.20 feet to a point for a comer;
North 04°46'56" East, a distance of 239.48 feet to a point lying on the common line between said Geesling tract
and said 1.9126 acre tract, for the northwest corner hereof;
THENCE South 88`42'18" East with said common line between said Geesling tract and said 1.9126 acre tract, passing a 5/8
inch iron rod with cap stamped "TNP" set for reference at the centerline of the herein described tract at a distance of 37.57
feet, and continuing for a total distance of 75.14 feet to the POINT OF BEGINNING, and containing 2.9001 acres of land,
more orless.
',
1��.__
d . Turner, R.P.L.5.
Dec. 12, 2012
Sep. 20, 2012 - Field
Revised: Sep. 30, 2013
(Address Schedule B items)
T.B,P.L,S. Firm �10011fi01
�� ��p � •••�
s T e� �.�'
�`:'�'�,� � �'f'a'��"Y
u�r Q' '�' � cn
..: .....................s...
7WD 8. 1URNER
..� ..................... �..
�.� 4859 �,�
t •.�a�� s s ;,°•?' a�
.
��b SUR�F'�`
Sheet 1of 2
CITY Of DENTON, TEXnS i� ❑ I.INE BEARING DISTANCE
DOC. N0. 2012-130856 EXHIBIT B
R.P.R.D.C.T. ZIMlAERER REA� L� N�8•42��8 W Z7.30�
(CALLED 1.9126 ACRE 7RACT) �'ROPERTIES, L
201 1-11 5033 ZIMMERER REAL L2 S ��}•�}6'rjfj" �i/ T� 62.'J7'
rr-- - - -- - - —�. - . �-`� R.P.R.D.C.T. 1/2" (RF' PRQPERTIES. LLP.
i i )6' 4riUE GRALN. ES6lL Hass sja"-!RS � —"- DOC. N0. 2004-542A L3 S 88'42�18'� E 75.14�
� y� DOC. IJO. 2009-36652 N77'H CAP---"� ���-� R,P.R.D.G7.
i I ��" R.!'.R.�.C.T. 57'q/�fPF.D 'TNP'" :
I( (10k) AT 37.5Y� �5�p" [RF POI NT OF r TRf
;� POINT OF � � COMMENCTNG ,Ih
BEGINNING � ,/z°,� �`�"°"�� T�'"---�7
.----- ---N 04'46'S6" E- --- N' 589'49'11"E 342.22i �\�� i
---�, . ___------ � �
------ --- --- � ,-- ----- -�—__ 4--_J
239.48' — _ 3a5.zt'__ __ i P-----=� i ��: �
__ __,�---- ---------
I 20' ItlD£ SAN. .. ... .... � � I 1 1 I ��E'y,9Zp \
ie � S£WFR ESM7. ' � � � I` T F,�
voc, saz, Pc. s� N89'49'11"W 348,20' � i �'�� �
�D. R. D. C. T. � � � I \ ���'p ,
Ol' (10l) NITTie CM 5/8' IftS � � I , \� o°„p9y�'o
STAMPSD TNP" � AMPED "TNP" '� � 1 i1 1 \���o s � c�"''f'; -
I � 1 � � �' �'a�''s �A
ta � I � 1 � � � °'��; °�
I �
1
� � ! �
GEESUNG GASSAWAY CWNTY, INC., q �
� o� � o Nevado Corporotlon, � €� OJ � � ,�y �?s tnp
-o � os Trustee oi the Gossoway Propariy trust � `}' I ��
g � � ooc. No. Zoos-soza� ��d o° , °� � i � �
� I R.P.R.D.C.L •- G •- � 1
� I r (CALLEO 37.600 ACRE TRACT) �G`�}Q� '- l�j .- I �'
_� � a� ���� �J`�� � `il � � � �`
N o; Ci��� U`�� � ' � �' I 1 1
pz i �(7��' " fe.� C> I 0 � 1
� � � <a G�3, (�o�``�`�` � i�' � �o' wi0f £CEC: �� ' � 100 200 400
C O " o V w�' N d' I+-- 7RANSAlISSIqV ESMT.
yW o � i � �I I VOL. 1066, PG. 533 �
SF (BLANKfT fASEM£NTS AFFECANG PROPERTYI � �, � O I D.R.D.C. L 1
LONf STAR GAS COMPANY O � (lpri)
� BRAZOS RltER TRANSMISSION EL£C7RlC Z ' I (n � ,1 , SCALE: 1�� � ZOO�
io � C0�'ERaTlv6, lNG N I � 1�
VOI. 35a, PC, 397 � � �
LON£ SiAP, 6AS COMPANY p0i40� £LEC. o � � 1
9 ( VOL. 429, PG. 28& TRANSMI$SION ESML =i � � 1
_`.__; D.R.D.G L VOL. 1087, PG. 2ji ^ �
(�oo, �oR � ros) o.R.o.c.r.
( J � �
� � IEGEND fOn � a I � � �
i � N
� � CALCULATED POINT � � �
� � 20' WlDE S.4N. I � �
SEW£R ESMT. p
� 5 8" IRS STAMPED TNP 37.50� �� O
� �.. I VpC. 942, PC. 87 �
6 � ■ CONCRETE R—O—W MONUMENT � o.R.�c.r. � ��
lJ I x
---------� O IRON ROD POUND (UNLESS OTNERWISE NOTED '� � >" F"
a [] RECORD INFORMATION I � i � ��
CM CONTROI. MONUMEN7 � i j I H J
� --- —------- CENTERLINE EIEC. ESMT. %S.00� �5' wfDf UnUTY ESM7. I � � a
E S M T. B O U N D A R Y � Wt. 196�, PCJ51 � ��
. I D.R. D. C. T. 1
� � -- - - — - - — AOJACENT PROPERTY LINE � �lpp� � � ¢ y
S 89'47'21" W ; j � v
O � 75• 00� � � A LONE SiAk CAS UNE RUN$ � ( �
AIONG ANO NERft ME
i( CEHTEftUNE GF AUDRA LANE I
Appclrent North R—O—W � � A��ORD�NG TO NIGNWAY M�APS i �
3 :' � ____ � J 20'x30' A7M05 fNERCY ESMT.
Line of Audra Lane x -------- DOC. N0. 20D8-149E2
— — — — " — R.P.R.O.G T.
No,�s: ��_AUDRA LANE � - - - - - � _ _ _ t.�. (�o��
THIS EXHIB�T WAS PRFPAREO WITH 1}IE BENEFlT OF T�1LE RESOUftCES GUARANN COMPRNY COMAIITMENT
FOR 11TLE INSURANCE. GF N0. 112118, EFFECT1vE DR'IE: JULV t6, 20/3 PASS 5/B" IRS �
iHE FOLLON7NG SCHEOUIE 8 ITEAIS 00 AFFECT 1NI5 TFtACT, AS StiOYM: �►7Tli CAP
t0i, i0;n, tOn and tOp. STAMPED TNP"
AT 37.80'
THE FOLLOlNNG ITEMS �O N0T Af'FECT Ti1S TRb.CT:
t04 Eosement exec�ted by Geeaifng Gassawoy Counly, Inc. to Aimos Enerqy Corporafion filed Pebruory 73, 2008, unda
CC� 2008-11962, R.P.R.D.C.T,
lOk. Public Drotna9e Eaeement eYecuted b Geeal(ng Goasaway County, Inc. to the Gty of Ocnion, Texos ftled March 27,
?O9kight ofCWay ZEo�eme�ntSeKnRUt�eRd by�MCry Lou Foliis lo Stote of Texaa fileG Jonuory t6, t859, rccor0ad in Volume
443. Pape 220, D.R.D.C.T.
t0o. 20' Dralno9e Eoeam ent executed by T4ma F. Gaeeowoy ond Joyce Gassuwoy to lhe City ot Oenton. Texas �ie0 April
25, 1984�, recorded m VoWme 1387, Poge 617, R.P.R.O.GT.
BASIS OF tlEARING:
eanngs sr based on the Texas tate Plane
oortlinate �ystem, North Central one (NAD831.
"��._..-
odd B. Turner, R.P.L.S.
Dec. 12, 2012
Sep. 20, 2012 - Fieid
Revised: Sep. 30, 2013
(Address Schedule B items)
T. B. P. �. S. Firm 10011601
�...0 F,.. �
�I�P����STERFO ��
I �
. o..,....... o........... o. o >.
TODD 6. TURNER
eee�.aor�.•a�e.o�.o��oeeo�e�•
� '•. q 4859 P ;
\�;q ' '``£ S S \ �•�
���%�'suR� -t
CITY OP DENTON, TEXAS
DOC. N0. 2012-129326
R.P.R.O.C.T.
(CAL�ED 26.4732 ACRE TRACT)
2.90� 1 ACRES
Situated in the
R.B. Longbottom Survey, Abstract 775
City of Denton
Denton County, Texas
J08 N0. DME13222
,: � G . �
3_,�r�
SHEET 2 OF 2
teague nall & perkins
� 15 V Cenlra Place D�Iva, Sul�e 320
Donton, Texas 76Z05
940.383.4177 ph 440.383.80Z6 tx
www.tnpinc.com
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0197, Version: 1
AGENDA INFORMATION SHEET
DEPARTMENT: Denton Municipal Electric
ACM:
DATE:
Howard Martin, 349-8232
June 17, 2014
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to accept a counteroffer from
Edward F. Wolski for the purchase by the City of an electric utility easement encumbering a 6.8289 acre tract
of land being generally situated in the Caswell Carter Survey, Abstract Number 275, and in the Daniel P. Culp
Survey, Abstract No. 287, both in the City of Denton, Denton County, Texas, for the public use of expansion,
construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution
lines, facilities, structures, and substations for the price One Million, Seven Hundred Fifty Three Thousand,
Seven Hundred Twenty One Dollars and Fifty Eight Cents ($1,753,721.58); authorizing the expenditure of
funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange
Transmission Line Upgrade Project: Parcel P33 - Edward F. Wolski)
BACKGROUND
Offers have been made to the property owner on April 17, 2013, and July l, 2013 to purchase the captioned
land rights in accordance with Ordinance 2013-094.
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.
ESTIMATED SCHEDULE OF PROJECT
Winter 2014 - Spring 2015
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council Public Hearing November 15, 2011 (Route Approvals)
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0197, Version: 1
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by
Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas
(ERCO'1�. The purchase price of $1,753,721.58 plus closing costs as prescribed in the Agreement are to be funded tY�rough these
funding sources.
BID INFORMATION
N/A
EXHIBITS
1. Location Map
2. Ordinance
Respectfully submitted,
Phil Williams,
General Manager
Denton Municipal Electric
Prepared by:
Pamela England,
Real Estate Specialist
Engineering Services
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
LOCATION MAP
�- • �. ' •�• -� � � • ���r%%'
_ �� �
'�I % � i i%
''I'' �� 1 �� �� �� ' � ; � 1 G i
,
�
�RDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ACCEPT A COUNTEROFFER FROM EDWARD F.
WOLSKI FOR THE PURCHASE BY THE CITY OF AN ELECTRIC UTILITY EASEMENT
ENCUMBERING A 6.8289 ACRE TRACT OF LAND BEING GENERALLY SITUATED IN
THE CASWELL CARTER SURVEY, ABSTR.ACT NO. 275, AND THE DANIEL D. CULP
SURVEY, ABSTRACT NO. 287, BOTH IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS, FOR THE PUBLIC USE OF EXPANSION, CONSTRUCTION, OPERATION,
MAINTENANCE, AUGMENTATION, AND IMPROVEMENT OF ELECTRIC
TR.ANSMISSION AND DISTRIBUTION LINES, FACTLITIES, STRUCTURES, AND
SUBSTATIONS FOR THE PRICE OF ONE MILLION, SEVEN HUNDRED FIFTY-THREE
THOUSAND, SEVEN HUNDRED TWENTY-ONE D�LLARS AND 58/100 ($1,753,721.58);
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Denton, Texas ("City") has approved plans
for the construction of multiple electric transmission line and substation projects {"DME
Expansion Projects");
WHEREAS, the DME Expansion Projects serve the public interest of the citizens of the
City by continuing to provide reliable electric service through electric utility infrastructure
expansion and improvements;
WHEREAS, numerous real property interests need to be acquired by the City to construct
the DME Expansion Projects;
WHEREAS, the City needs to acquire a 6.8289 acre electric utility easement on property
owned by Edward F. Wolski ("Owner") for the DME Expansion Projects ("Property Interest");
the Property Interest is generally situated in the Caswell Carter Survey, Abstract No. 275, and the
Daniel D. Culp Survey, Abstract No. 287, both in the City of Denton, Denton County, Texas,
and is more fully described in Exhibit A and shown on Exhibit B both of which are exhibits to
the attached Easement Purchase Agreement;
WHEREAS, the Property Interest is to be used for the public use of expansion,
construction, operation, maintenance, augmentation, and improvement of electric transmission
and distribution lines, facilities, structures, and substations;
WHEREAS, the City made both an Initial Offer and Final Offer to the Owner to purchase
the Property Interest;
WHEREAS, the Owner has made a counteroffer to the Final Offer of City;
WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best
interest to agree to it; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance
are incorporated by reference.
SECTION 2. The City Council finds that:
a. The DME Expansion Projects serve the public interest of the citizens of
the City by continuing to provide reliable electric service through electric utility
infrastructure expansion and improvements; and
b. The acquisition of the Property Interest is necessary for the public use of
expansion, construction, operation, maintenance, augmentation, and improvement of
electric transmission and distribution lines, facilities, structures, and substations as
required by the DME Expansion Projects.
SECTION 3. The City Manager, or his designee, is authorized to accept the Owner's
counteroffer to sell the Property Interest for the purchase price of One Million, Seven Hundred
Fifty-Three Thousand, Seven Hundred Twenty-One Dollars and 58/100 ($1,753,721.58)).
SECTION 4. The City Manager, or his designee, is authorized to (a) execute (i) the
Easement Purchase Agreement, by and hetween the City and Owner, in the form attached as
Attachment 1; and (ii) any other documents necessary for closing the transaction contemplated
by the Easement Purchase Agreement; and (b) to make expenditures in accordance with the
terms of the Easement Purchase Agreement.
SECTION S. It is the intention of the City Council of the City of Denton, Texas, that if
any phrase, sentence, section, or paragraph of this ordinance shall be declared unconstitutional or
otherwise invalid by final judgment of a court of competent jurisdiction such unconstitutionality
or invalidity shall not affect any of the remainder of this ordinance since the same would have
been enacted by the City Council without the incorporation of the unconstitutional or invalid
phrase, sentence, section or paragraph.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
CHRIS WATTS, MAYOR
�
ATTE a�':
.TEI�iNIF��. �l.�L��'ET�S, Cir��' SECI��T�1��'
.
A�'I'T�C��i�I� ,�� TQ LEC'i1=�L FC7��M:
AN'IT�. 8���+GESS, �`�"�'Y` �1T��'C���I�,Y
By:
Easement Purchase Agreement
NOTICE
YOU, AS OWNER OF THE EASEMENT LANDS {AS DEFINED BELOV�, HAVE THE
RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY
OF DENTON'S ACQUISITION OF THE EASEMENT WITH OTHERS; OR (2) KEEP
THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS EASEMENT PURCHASE AGREEMENT ("Agreement") is dated
, 2014, between Edward F. Wolski (the "Owner") and the City of
Denton, Texas ("City")
WITNESSETH:
WHEREAS, Edward F. Wolski is the Owner of a tract of land (the "Land") in the Caswell
Carter Survey, Abstract No. 275 and in the Daniel D. Culp Survey, Abstract No. 287, Denton
County, Texas being affected by the public improvement Project called the Spencer
Transmission Line Project ("Project"}; and
WHEREAS, City is in need of certain easements in, along, over, upon, under and across the
tract of land described above related to the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary easements for the Project;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1
1. At Closing, the Owner shall grant, execute, and deliver to the City an easement in, along,
vver, upon, under and across the tract of land being described in Exhibit "A", and depicted in
Exhibit "B", respectively (the "Easement Lands"), to that certain Electric Utility Easement
attached hereto as Attachment 1 and made part hereof, for electric utility purposes, as more
particularly described therein (the "Easement"); The Easement shall be in the form as attached
hereto and incorporated herein as "Attachment 1".
2. As consideration for the granting of the Easement, the City shall pay to Owner at Closing the
sum of ONE MILLION, SEVEN HLJNDRED FIFTY-THREE THOUSAND, SEVEN
HLJNDRED TWENTY-ONE and 58/100 DOLLARS ($1,753,721.58) as compensation for the
Easement. The monetary compensation prescribed in this Section 2 is herein referred to as the
"Total Monetary Compensation".
3. 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 vf Owner's property caused by, incident
to, or related to the Project, damage to and/or costs of repair, replacement and/or relocation of
any improvements, turf, landscape, vegetation, or any other structure or facility of any kind
located within the Easement Lands related to activities conducted pursuant to the Easement,
interference with Owner's activities on the Easement Lands or other property interests of Owner
caused by or related to the Project and/or activities related to the Easement, whether accruing
now or hereafter, and Owner hereby releases for himself, his heirs, devisees, successors and
assigns, City, it's officers, employees, elected off'icials, 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.
�
�. 'l'l�� �Cl�si���; (1�e�eiu� �� c;4��l�ei) sh�ll c��:�:eur i�z �nz+� tlz:rc�u��� tiz�; t�f`�i�e �rf �I"it��, �c;sc��.�a°�e;�, 52�
a�auth T.��a� "���, S�.iite #�1��, �e��tan, ��exf�s 762�Q5 (:`7"itle +Cc�in��r-►y") witl� s�aiel '�'�tle +�r��n��i�y
����
��tit�� �s escrcr� �����t, c�t� tl�� �lat� �uhi�;h i� d�ys �f��r the C�'fectir�=e �!ate, t�x�le,ss tG�e C���r�e��
a�nci �lie +�ity rnut�sr�l�y agr�.�., ic� va�iti�t�, tu ��a� ��;rlier �a�� q�t��• �a�e �`:�lasin� ���c"). �'l�� �Jwne3°
�1���61 �;�nv�y tl��; �a�era�e��t ���e�. a�d clea:�° c��` a[1 de�ts, li�a�s �tacl e����.ar�.br�z�c:�s. "I���e ()wner sk��l�
assu�t �x�c� ��.����c�rt sa��sf�c�ic�n �i" �11 t:lt�s�r�� �'cc�n�ire���c;��:�s in rt�l��tc�n tr� sc�lic�ut��'vc�n a� ���le<r�� c�l�
�����rc�ina��r�i� c�� li�ns �ay�l �1a�uimb���ri�c�s ���ld �r�h�l� e��i��ii�re �t'Lc�r��� af'�:ectit�� kl��: �as�ir►e;tzt, ii'
�-�c;���s���^ in 1�3c, c�iscretio�l ra�' 1Ix� �`iiy.
5. `lylze �ti��u�r�t��i Tai�1 IVIc���etary �c�iz�}as;►isatic�Hi an���unt �h�11 b� ����i�i by th� ��i1� �t �'lt��it�� t�
fi1Y�, C7r�����° t177°t��z�,h t1�� "I'itl� ��ca�7����7y. .�11 c�t��er ty��ai�;�tV �u�t�iql�q��r and st�nc�arc� �.lasYa�� cc�sts
�sscaci�ted wit�� tkais tt°an�ac;ti�axa s��ll 1��: ���flt� s���:iiic�l�y lay tlie �;ity, e�C�;�t fr�i• Ci�ri��;�'s
attc��°n�y's �`e�:s, i�` ���:y, wwl�ic;1� ��-u�ll b� paic� ��y ((�D�P��ea�.
�, "d"h� ci��� ar� wl�icl� tl�i� ��ree��e��� �s �;x�cuted �ay tl�� �wner s11�11 be tl�c, "�:,itect�ve I:��t�;" oi.
t�ai� ��r�e���er�t.
7. I�� t��e �v�nt �}wner shall ci��'�ult i�a i��e }����i�a��n�►��ac�; �i �ny ��v�n�r�t s�r t�t•�r� �i���rided l�e�•��n,
a��� �uc:l� �G���:a�rl� s���l� be �c��aCi��ui��� at:t�z• ter� (1()� �l�vs �v�•iitr�r� t��tic� c��' s�t��� c@ef�t�➢t ���d
o��a�z-t���ity t� c�ax�, �City ������ �x�rci�t� ����y ri�lli a�� r�g���ciy avai1�1a1� ta it byR l�w, c���tra�t, ea��i��
�z• c�tl��r�ris�, it��l��cini�� �✓it%���t 1i�litatio��, tlac rena�cly c��' ��a�c�ili� ��r�c��nl�nc�; c�r t�r-r�inati+�� �i
tllis �h��-�ez�7c���z.
�, l�� �l�e cve��t �"ity sk�all d�:t����lt ilx tl�a� Eac�rfcai•�na�ytu rai` �z�y �,�av�r���nt c�iy turi�� ����ovida;c� �1�:��+�ia�,
an� s�c��� d�.�at�lt �ltie�ll Le cc��ati�awi��; a�te�� ten Qfl�) ��y�� ��aritt�n nc�ti�c c�f°�l�t����l� and opp�artl���ity
�o cur�, (�w�acr in�y, �s his sr�1c� and �x�l�.��iv� re�r�eciy, �ither �r) t�;r-��r�ii7�te il�ks A�;i°eerneYlt �aric�l
�
t�r �"l�s����; by wvritt�n n��ic� c�f'su�;l� elcctic��a ��r �'ity; ��• �in� er�f�a�•�,� ��+�cifir: �aa;rfc�rrna���:c; c�t, tlais
r��;x°ec�me��t.
9. `1�I:�E L,A.'`uVS (�� TT-i� �"C"r"�"I"� C�1� �'�X�.� �'E-1�.T.� ��fi�'�'I�,+�L A1�1L� A�'F'LY °I�� T�-IIS
���.E��"i�N"1 C�"4R. �.�,L �U�T'C►��;�. 'T��I� �.G�iEE�iCNT I� �'�;I�F�R�vI�1���, I�
I��II'�b"I���P C�C)���1�`�, T9;XA�. VL,P�9C�� �'f��i ,�:I�i�l �.�"Z'I�� A1�:��T�1C► HER�;�%ID��
��-I.�.�,L �.,iL.? SaLLL.�r' IN ',l �-�E C"()I..��Z'1'� C�!F Ct�M��"��l�i"�, ,�U�ISDIC'T"IC9I�1 C}� C���,i�"�"Ui�
�'�!��1TY, i"�?�:��.
1 t�, F"roin ����1 ���t�r thc ��te; �a1` e��ct�tit�r� of tY�is .�11�;r��nlen:a by� (�wrr�r t�a t1�e dat� �t �'lr�si�g,
((�w�7e�• sh��l ���t (i) �anv�� r��° le�se �t��° ir�t�rest i�� t�7e �as�er��re:r7t L���ds� r��• (�ij e�tei• in�o asay
.�i�;i'e�rrt�s�t Ah�tt v�i01 �be bur�clin� �.zpon tl�� ��sem-�ent t���z�ds �r• �t��it t�l� t��t�i�ca- rr�iC�i r�s��c�t �a� th�
%�sc�����:t L�r��is �.fter� �lye ���t� a�Closi�a�;.
11. ,�i��F i7ati�:t�s pr�s�ri1��.�.� c�r �11�v,�e� 11�;n��ur�d�i Cc� �7wa7ei� �r7c�f�ar �ity �lz��l� l�� in w��ati��� aar�d,
�x��:g�t as c�th��°w�^isc �arav���.d iz�.rei��, s��afl1 b� elelivc.r�:c� l�y �ele��7c���i� f�csornile, ���n�i �l�,livery �ar
by CJ��it�d �t�t�s Pv��ii, �� ci�;scribe�ll h�rc�i��, and �liall Y�e d��n��cl ��flir,�e�•c� tn�c�n the ���r�i�r to
����i�• Qf (�) t��e c�ate �aravic�e;c� if Itiar�ci c-��;1�ver�d cji• c�e.livcx•cd �ay tc1��11o�lic ia��intii�e; �c�cB (�) �i�
tti7e t�ate of d��a�sit e�f, i� �a �•���zlaz-1y ir���iz���i�ed �e�;e�t�cle f`�� t1�c� tlnitec� �����s �a�l, �•��i�t�1-ed
c�,° �:e��tifliedl, rc;t��rn r�ceipt: x°c:.�,�iester�, pa�ta�� �r�c��ic�, �c�dre�scc� �� f`allows:
s in1, �n, a�r�r, �t
�� � �
_ �
� � �� � � , �� ��
� _��"^�_ ��; �.�
k''l��an�
C'zty c�t T��ntc���
�'4a��Y '�'illida��isc�n
��eal ��t�t�� ���7ci �apit�l �u�a�c�rt
���J�-t� A1"��a� S�t•�et
[��;��tar�, (�'�x�s 7�i"?(}�)
"I"c.lect��ry. (���) 349-�95 �
�
�c��a��s t�a:
T°ar C3wvz��k•:
J, �, � , �
m � �, �
,I'eg�:�:opy:
�°�r C�ty�:
Scc�tt i�J. I-�ick�y, t�ttarney at L�vv
���5��°, ���5�� 4�' Z�i��G�`, '���.��;
P'.�. �OX �� �
I��r��c���, Tex�� 7��.'(�`�
I,el�c��y�: (9�f�) ��3"7-955�
9 2. "I�his A�����:,z�en:t c;c��astiita:k�� t�7�; st�le ���ci �nly �,��°ce;n��nt afi' tl�� ��n°tie� �n�V s�.i}��:r��dc�� ati�y
��•u�r u.zi�cls;i•st�ne�in�s ui• w�ittc�� r�r �ral A�a-�e►lti�nts l��t�.������ �k�� j�az•�a€�s wit�� respect �o Che
s�:ub�ect rn��t���° caFthi� ��,i-�c�rn�nt,
l �. �'l�e z�c���•���ntatu�n�, �w°a�r�nti��, ���rc���l�z��� �i�cl �c�va�nal�vts �t�z�l�iz�ew� h���ir� sl�ail su.X�'�riv�
t���. C`�+�si�y�, ����� s���l� sz�t ►z�����e �,ri�k� t�7e F���ea��e��t.
1�. .�:iutl��ai°i1y t+� ���➢�e �ny ac�iic�il� th�:t ,a'-e �c� be, ca�° ���y b�., ��l���x by �ttyer a�ndc�r fihis
��;�•�ex���t�t, ir��Vwdi��� v�°i�hout �iz�r��t��ti�ar�, a�ijustiner�t c�i° �l�e Cll��i��� �at�, �r� k�������^ d�1c��„4���d
�ay ��y�r, ��ursuant tc� action �y lhe �ity �c�t�nc�il of i�e�r:�on, T�x��s, t� Plail Willi�ms, C��x��ra�
1"+�a1�a�cr, �;;ls�c�t�-i� r��tli►��it�istr��i�a�� c�t. ��y€�r� ��� ��'rs desi�rye�,.
15. I�a tl�e evc��t �i�ica�° ��a tl�s: �"l�si��� ]�ate, t;c�a���n7ii��tia�� o�° �i���n�nt �lan�r�ir� p�•c���edi��� �are
th:re�t�t��d c�x° i�titiate�l l�� ���y �ntiity otl��r �l��x� th� �'it:y �1��fi r��i�ht re,sult i�� tlt� ��kin� uf �ny
�ata�°t'rc�r� af tl°�c: �a5�r��ci°►� �,ancls, Citiy �nay, a1 its electi�a�a, t��'���ain��tc tl�is .��e-�e�t���1�� �i �7�y t�n�e
��t°i�r ��, Clo�in�.
l�a. ti' ���e: Clr�sitx� L�a1e c�t° c�a� �(' ������c��°z��a���c� ��f' u�n�y ��ct a•�c�uir�d c�r ����°Y��itt�c� I�crn�;�►tzclei f���ls u�
�� S�t��c���y, �ua�da�F �a�� Jc;�,��1 �c�rl���:u�, tl���� i��� tK'lc�si��r� 1�r�t� t�r cla�x �af� p���ar-�z�a���;e, �� t1�� �;��se
ix���y bc, sh��0 k�e th� ��r�;�t f;c�lY��vii��; a•e.��rlai• b��si��css day.
�
�'i'�"'�' C}�' T�!E1"�'�'C)I"�, ��'E�A,�
9�y;
+�����,+GE C". �'A�1VTP���L,
�I"�'"it' I�v�r�,1'�A�1Ci�
C���te.: , 2i)14
�TTI:�"T°:
JL�i�ii�±'�l2 W�L'�"���� +CXT'i' ��'CZ��T�,��'�
F3Y:
�s�t�; , %�9 i 4
�1 � �
�u ..
�. , �
S���i���.cy
•�� ����
� � � .� �
B�';
�
����C�: . � ,� �, � , ��1�
fJ�v��r•:
„���...W.�.�_
�;�c9w����� E�'. W�islci
Datc: ' � � y '�� 1 �
f,
�
A��c��rrdurrn t+�
� �� � � � � �
"I�k�is Adc9eiacl��n� tc� Lasen��nt P��1°cl��.su A�r�e�n�e�xt i� z1i�c�e ���rei� as a�a a�ne�d��r�nt t� c�rtai��
t�r�7�s aft1�� Tasc�t�����i ��.�rch�se A�r�e���e�-�t set ft�r�h �l�ov�.
T�i)Vv', T9�l��.T.���t�RI�, (�wz�e�� ���d �iiy ka�re1�y a�ree ��5 ta9low�:
�. I�a1-�ti�il a�x�ill�. �1�a11 �e �a�ic� a ia"r''� e.c�a71r�1is�u�rr� 0�1 t1��e s��9� c�f the ��se���e��t �..��r��s c�escrib��
}�e�e�n, ���y�:k�l� Y�y f�r�ner �i°onz C)����:r's piw�c�ed�.
l�. C7wvrzer ar�d �ity further ��r�e; i6��t t��c E�sernent La:��ds ��� be'ra�� (�T��T�1�!, ��.i�,D �and
�C)NV'�`�"�I� i�� 1re�u �� th� ca�ci�;r�����o�n prcac��s �t��c�at�c�ed, p�ndi�n�, or �t�th�riz�ci by 1ar�r,
by �i�y.
� : t�rvrner : Ci�y
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045{e) of the Internal Revenue Code of 1986, as amended
from time to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources
Attn: Virginia Kubiak
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 3 81-1006
Telecopy: (940) 898-0121
:
Printed Name:
Title:
Contract receipt date: , 2014
�
EXHIBIT "A"
LEGAL DESCRIPTION
ELECTRiC EASEMENT
BEING A 6.8289 ACRE TRAC7 OF LAND SiTUATED IN THE CASWELL CARTER SURVEY, ABSTRACT 275 AND THE
DANIEL D. CULP SURVEY, ABS7RACT Nl1MBER 287, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT
CERTAIN TRACT OF LAND DESCRlBED IN A DEED 70 EDWARD F. WO�SKI, AS RECORDED IN DOCUMENT NUMBER
2Q05-16351 OF THE REAL PROPERN RECORDS OF DENTON COUNTY, TEXAS. SAID 6.8289 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a corscrete right-of-way rnonument found in the west right-of-way line of North Loop 288 and being the
northwest corner of that certain tract of land described in a deed to the State of Texas as recorded in VoEume 1 Q67, Page 199
of the Deed Records of Denton County, Texas, and being the southeast corner of said Wolskf tract;
THENCE South 89°07'07" West, with the common line between said Wolski tract and a tract of land described in a deed to the
Henry P. Lo Trust, as recorded in Document Number 2011-89306 of the Real Property Records of Denton County, Texas, a
distance of 2Q.04 feet to a point for corner at the POINT OF BEGINNING, and for the southeast comer hereof;
THEMCE South 89°07'07" West, continuing along the common line between said Wolskf tract and said Henry P. Lo Trust tract,
passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at the centerline of the herein described tract at a distance
of 37.50 feet, and continuing a total distance of 75.OQ feet to a point for the southwest corner hereof, from which a 112 inch iron
rod found for the most southerly southwest comer of said Wolski Uad bears South 89°07'07"West a distance of 803.80 feet;
THENCE leaving the common line between said Wolski tract and said Henry P. Lo 7rust tract, and over and across said Wolski
tract the foilowing 4 courses and distances:
North 00°Q4'23" West, a distance of 1,945.56 feet to a point for comer;
North 21 °50'39" West, a distance of 888.55 feet to a point for corner;
North 34°45'08" West, a distance of 891.48 feet to a point for comer;
North 47°46'41" West, a distance of 253.17 feet to a point lying in the north line of said Wolski tract and the south line
of a cafled 3.070 acre tract of land described as Tract 7 in a deed to the Kim Property Revacable Living Trust, as
recorded En Dacument Number 2008-327i0 of said Real Property Records, for the northwest corner hereof;
THENCE South 88°33'49" East with the common line between said Wolski and Kim tracts, passing a 5/8 inch iron rod with cap
stamped °TIVP" set for reference at the centerline of the herein described tract at a distance of 57.41 feet, and continuirsg along
said line a total distartce of 114.81 feet to a point for the northeast corner hereof, from which a 5/8 inch iron rod wEth cap
starr�ped "CARTER & BURGESS" for the nartheast comer of said Wolski tract bears South 88°33'49° East, a distance of 49.27
feet;
THENCE leaving the common line between said Wolski and Kim tracts, and over and across said Wolski tract the fo{lowing 4
courses and distances:
South 47°46'41" East, a distance of 174.80 feet to an angle point for corner;
South 34°45'08" East, a distance of 908.52 feet to an angle point for corner;
South 21 °50'39" East, a distance of 811.45 feet to an angle point for corner;
South 00°04'23" East, a distance of 1,958.92 feet to the POINT OF BEGINNtNG, and containing 6.8289 acres of
land, more or less.
Todd B. Turner, R.P. .S.
Dec. 12, 2412
Sep. 21, 2012 — Field
Revlsed: Sep. 30, 2013
(Address Schedu/e 8 items)
T.B.P.L.S. Firm 10011601
� G, � /P�•�'•�''�
..«...........«...
TDQD � 1l1RNER
NN��M1���M������
A 4859 �,
SHEET 1 OF 3
MATCH LINE
------__
SEE SHEET 3 OF 3
6/B" !RS T/ITH CAP J
STAMAED "TNP"
, � tnp
EDWARD F. WOLSKI
DOC. N0. 2005-16351
R.P.R.D.C.T.
0 150' 300' 600'
SCALE: 1" = 300'
20' WfDE R-O-W AGREEMENT
FOR DELH/ GA5 PlPELlNE CORP.
VOL. 685, PG. 443
AND
20' ESMT. FQR R-O-W
RETA/N£D AND RESERVED FOR W.
RAY WALLACE, H15 HE/RS,
SUCCESSORS AND ASS7GNS
VOL. 922, PC. 718
AND
17 � 20' W/DE ESMT. FOR DfLH! CAS
PlPEL1NE CORP.
� � VOL. 1006, PC. 613
1� D. R. D. G T.
�roo, rop & roq>
ia
iz � APPROX. LOCA RON OF
--+ ro' �nDE vncrrr fsMr.
si {TRACT I!)
��\� VOL. SJJ, PC f05
D.R. D. C. T.
�y 7 8 �`\�� �1��
�
9 � �p. �b aTa � \���
L P.RD T. �
\
B 6 �\�\
YSTYYqpp �
CM ���
1/2° IRF ���
� � � � ` ��1
__ I f 5 89'07'� u03.90'
--0-^
FiENRY P. LO TRUST
DOC. N0. 2011-89306
R.P.R.D.C.T.
BASIS OF BEARING:
�
�
�d
O�
3�
N'
�
O
O
O
Z
EXHIBIT "B"
,
�
�„- -
�1�ti` �
�ti�-o
ti1{�`��3
� � �+
� '^ r
o; o $
ii �b
��
il
�i � �
i
LINE BEARING DISTANCE
a/e° cr� L1 S 89'07'07" W 20.04'
"CARTEItCrBURCE55" L2 S 89'07'07" W 75.00'
i�i
�
� �I CONCRETE R-O-iI �
i MONUMENT ���
O 1 �n,I1 ��� �� � ���
� C �CONCRETE B-O-II ��1`��0����
N 1 � ,ifONUhf6NT (�'s� ���
1
w �� � THIS E%HIBIT WAS PREPARW N17H 71iE BENEFIT Of T1LE RESOURCES
R P
Il � GUARANN COIIPANY COIAWi6tENT FOR T17LE INSURANCE. GF N0. 111759,
r^ r � er�ecnvE o��e: ,u�r �s. zo+a
I
�r' oE'� 6� C� ED '� ITEIAS 00 AFFECT 7}itS TRACT, AS SkDNN:
� � 7HE FOLL6WlNG 17EMS DO NOT AiFECT SHIS TRACT;
�p � tOq. Eosamant eyecutad by Oentan Deva+oDment Ca, to Dentort County
N�� Electrk CooperotNe, tna f�ed July 8, 1S6S, rxa0ed tn Vdume 404, Paqe
� 400, d.RO.C.i.
PASS 5/8" IItS J Ll� 1
iIITA CAP �
STAbIP6D "TNP"
AT 37. SO' �
Beadnge are based on the Texas State Plsne
Coordinate Systam, Nwth Centrel Zone (NAD83).
d B. Tumer, R.P.L.S.
Dec. 12, 2012
Sep. 21, 2012 - F�eld
Revised: Sep. 30, 2013
(Address Schedule B ltems)
T.B.P.L.S. Firm 10011601
CONC1i87'E R-O-FI
�lONUMENT
75.00�
37.50'
POINT OF
?COMMENCING
CM
CONCRETE R-O-A
dfONUbfENT
POINT OF
BEGINNING
� .aF_,.T�
��P,.�� 1 S T Eq'• .{-
� FO 9
��: �Q' ��P
.............................
TODD B. 7LRNER
..,,.. .... . .... .
:.o �4859• P :' •
\ ` •'Q'Pf S S � � ��
� �� suR�� �
tOh. Eaaement axewted by H.G. Brown to Oanton County �ectrtc �er otivs,
Ina Blad Septsm0ar 25, t983, rocordod In Volume <02, Poqe f07. D.It.O.C.T.
101. Eaeement exacutsd by H.G. &rorn to Texae Powu dc tJght Co. faed June
22, 1958, racoMad En Volume 422, Pape 416, D.R.O.C.T.
10J. Eaewnonl executed by A.O� Calhoun to Taxaa Power & Uqht Ca. Poad
June 20, 1947, recordad In Volume 336, Pogo 1 a8, O.R.D.C.T.
10k. Eosament e�aeuted by A.O. Calhoun to Texos Powsr dc Uyht Co, fAed
Juno 20, 1947, rscorded M Vdume 3J6, Paqa 147, D.R.D.C.T.
tq. Easamant wcecutad by A.O. CaEham lo Texas Powar dc U�ht Co. ftled
June 15, 18�8, recorded tn Vdume 342, Poqo 5, D.R.D.C.T.
tOm. Eosamant wrawtad hy H.G. &own et ¢� to Tezae Powx 8 Llgnt Co.
RIeO June 28, 1956, reeorEad �n Vot�me 422, Paqe 397, D.R.D.C.T.
tOr. Eeanment axecutad hy WS Enqinearinq Cap� to Tw�w ►luntctpd Porar
Aqency filod Ju�y 22, 1982, record¢d in Vdumo 1/54, Pege 743. OR.D.C.T.
10e. faeament executetl Dy E05 Enqineerinq COrp, t0 TeKOt Munictpot Power
Ayeney nled Septamber 26, 1983, reoordeE In Volume 1261, Paqc 50,
D.R.D.C.T.
lOt. Eaaement axecuied by DecVonk Dato Synlmne Corporatlon to tbe City
oi Oenton, TeKas tiled Novembw f4, t98f, recorded In Vd. 3100, Pq. 828,
D.R.O.C.T.
STATE OF TEXAS
VOL. 1067. PG, 199
D.R.D.C.T.
6.8289 ACRES
Situated in the
Casweli Carter Survey, Abstract 275
and the
Daniel D. Culp Survey, Abstract 287
City of Denton
Denton County, Texas
JOB N0. DME13222
�'
.�y'.;i'�:�
',�7
SHEET 2 OF 3
feague nal) & perkins
I �a�s una. tta. odw, suH. rm
a�M r.�. �esos
940.�qA177 ph 91Q98�.6026 fx
www.mpins.com
KIM NttoPERTY REV�CABLE UVING 7f2UST
DOC. N0. 2008-32710
R.P.R.D.C.T.
(TRACT � ) L5
_ _ L4 • s/e^ crxF
PASS 5/B" JRS TIITA� �\ L6
"CART,ER&BIIRCE'SS"
CAP 57'AhfPED "17VP" �� � � II
� II
AT 57.41 ' ' �� I 1
��n O�
\ ��y '1`� 4j0
b/8" IRS fYITH CAA � II \\��
STAAfPED "TNP" `• \
t � `�� b/B" CIRF
10' �NDE ELEC fSMT.
VOL. 928, PC. 183
D.R.D.0 7
(10f)
EDWARD F. WOLSKI
DOC. N0. 2005-16351
R.P.R.D.C.T.
� \u
ii 2 �
ii �
II sz.
� � �s
-.�� p
fl
I I
II
II
II
I I
l I
u
EXHIBIT "B"
��\ S 34'45'08" E
�� 9�8.52
.
� `
�
�\\ \\\
� �
LINE BEARING DISTANCE
L3 N 47'46�41" W 253.17'
L4 S 88'33'49" E 114.81'
L5 S 88'33'49" E 49.27'
L6 S 47'46 41 ' E 174.80'
� 20' WlDE R-O-W ACREfMENT FOR
� DELH/ GAS P!P£LINE CORP.
� \. �`� VOL. 685, PG. 443
� ��� AND
�iflj � � CONCRETB 20� ESMr FOR R-D-6S' RETA7NED
�CP.. \\ •\�\� blONUAfENT AND RESERV£D FOR V/. RAY
q ��\ WALLAC£, H/S NEfRS SUCCE550R5
AND ASSIGNS
\ �� � � VOL. 922, PC. 7T 8
` � � r- O ANO
S/B° !RS i11TB CAP ,��, �� 20" WlDE ESMT. FOR DELH/ CAS
S7'AbfPBD "TNP" ` ; � � � � PlPfLJN£ CORP.
N\`9� � VOL. 1006, PG 613
D.R.D.C. 7.
2 2�' � �� ��� � (100, lOp & fOq)
p po 6Mdp �MG3�
p �4�a __ „� 6Q �Op o ��
��'lnil�
� � �ro�� � � O
o,�`""3� `v,�;��� �
`fl° �' t�\ � �p t�
� ��\�'�O� �
� � �� �
��� � � ��
_ _ _ _ APPROJ�,�UI4VEY ,LINE _ _ v` � ���
�.� . tnp
0 150' 300' 800'
SCALE: 1" = 300'
5
MATCH LINE � ', 66 6��a �dR�
SEE SHEET 2 OF 3 b•,�`i 6p�p�3� p�� ���
NOTES: �
1Ftl5 EXHI[iIT WAS PREPARED Ni1H THE BFNEFlT OF TI1LE RESOURCES OUARANN COMPANY COAiM111AENT FOR 111L,E INSIJRANCE, GF N0. 111759, EFFECTIL� DATE: JULY 18, 2013
1NE FOLLOWlNG SCHE�ULE B ITE4S DO AFFECT lHIS TRACS. AS SHOYM:
tOf, tOn, 100. 10p and tOq.
THE FOLL0111Np ITDAS DO NOT AFFECT 7HI5 TRACT:
10q. Easamont executad by Oanton Dovolopmant Co. to Danton Caunty Qactric Cooporotlw, Ina �lod July 8. 1955, recordod in Vdume �04, Paqe 460, O.R.D.C.T.
tOh. Eaeomont exacuted by H.C. Brown to Donton County Eleetrle Cooperative, Ine. fliod Septomhor 2S, 195J, rxaded M Votumo 402, Poqo 107, D.R.D.C.T.
t0i. Basemant exawtad hy H.G. Brown to Texoa Power dc U9ht Co. Illed June 22, 1856, roeorded In Ydume 422, Page 418� O.R.D.C.T.
10} Eaaemenl executad by A.O. Colhoun to Texes Powar � Uqht Co. f9ed June 20, 1847, recardod !n Vdume 336. Poge 148, D.R.O.C.T.
tOk. Eaaemenl e�ewted Ey A.O. Cathoun to Te�a� Powu & LIqht Co, lued June 20, 1947, reoorded In Vdume 338, Paqe 147, D.R.D.C,T.
101. Eaaement oxewted by A0. Colhoan to Taxaa Powar dc I.Ight Co. fAed June 15. 1948, reeoraed In Yolume 342. Paye 5. D.R.D.C.T.
tOm. Euaanant exeeuted by H.O. Broren et al to Tsxaa Power & Uqht Ca. t�ad June 26, 1956. recordad In Volume 422, Poqe 537. D•R.�.C.T.
tOr. fasemant exacutad by EDS Enytr�ewtng Corp. to Tswas Iduntelpal Poxer Aqeney flled July 22, t982, recorded te Vdume 1184, Poya 743, D.R,D.C.T.
t0i. Eas�menl axeeuied by mS Enpineainq Cerp. to Texaa 4(unlNpal Powa Ayenoy flled Saptambar 26, 1983, recorQed 4+ Vdume 1261, Pape 50, D.R.D.C.T.
10t Eosoment exeeutsd by Eleetronle Data Sy�t�me Caporotlon to the Ctty ol Denton, Texos fAed November 14, 1691, reouded In Vol. 3f00, Pq, 528, D.R.D.C.T,
BASIS OF BEARIND:
Bearings are based on ihe Texes Stefe Plarte
Coordlrtate System, North CenVel Zona (NAD83).
; , r
i�
Todd B. Tumer, R.P.L.S.
Dec, 12, 2012
Sep. 21, 2012 - Field
Revised: Sep. 30, 2013
(Address Schedule B items)
T.B.P.L.S. Firm 10011601
//" _ '��� F �� T�
� �Q-� G�SZERFD 9
y:� � .Jti
.............................
TODD B. TURNER
..,, .. .... .................
�. �o � 4859 P ;
�� •.����Ff S 5 � 0 ;:%O�
\� •SUR���
6.8289 ACRES
Situated in the
Caswell Carter Survey, Abstroct 275
and ihe
Doniel D. Culp Survey, Abstract 287
City of Denton
Denton County, Texas
� '?��a
,"�;'S ,
teague nall � perkins
� �sn c«m. naw wh., wn. om
DMtoM Tpt6� 76�0!
wassa��npe s�o.aeo.eosarx
��n���
ATTACHMENT 1
TQ
EASEMENT PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YQU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR AI�L 4F THE FpLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS
COUNTY OF DENTON
ELECTRIC UTILITY EASEMENT
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
THAT, EDWARD F. WOLSKI (the "GRANTOR"), for and in consideration of Ten Dollazs
($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 Denton County,
Texas, being approximately 6.8289 acres and being more particularly described in Exhibit "A" and
illustrated in Exhibit "B" attached hereto and incorporated into 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 purposes of and right to construct, maintain, operate, improve,
reconstruct, increase pr 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. GR.ANTEE 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 GR.ANTEE.
GRANTOR, for himself, his heirs, devisees, 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 andlor the
exercise of GRANTEE's rights hereunder.
GR.ANTOR 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 hereof. Upon written consent of GRANTEE, such consent to be exercised
at the sole discretion of GRANTEE, other utility providers may be permitted by GRANTEE under
separate grant from GR.ANTOR 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 GR.ANTEE in writing. Nothing herein shall be construed to require
GR.ANTEE to allow such use or grant, and such use or grant shall be at the sole and absolute discretion
of GRANTEE.
2
GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to trim or remove trees
as provided herein, together with the right to install gates in existing fences within such EASEMENT
PROPERTY.
GRANTOR represents and warrants to GR.ANTEE 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. GR.ANTOR shall not
construct, and GRANTEE shall have the right to prevent the construction of, UNPERMITTED
STRUCTURES on the EASEMENT PROPERTY and if any LTNPERMITTED 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 GR.ANTOR agrees to pay to GR.ANTEE the reasonable actual costs of such removal.
The EASEMENT shall constitute a covenant running with the land and shall bind and inure to
the benefit of GRANTOR and GRANTEE, and their heirs, devisees, successors, and assigns.
TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, forever, and GR.ANTOR 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.
WITNESS THE EXECUTION HEREOF on the _ day of , 2014.
,e�1:7�`►il ICi7:7�
EDWARD F. WOLSKI
3
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the , of , 2014,
by EDWARD F. WOLSKI.
AFTER RECURDING RETURN TO:
City of Denton — Engineering Department
Real Estate and Capital Support
901-A Texas Street, 2"d Floor
Denton, Texas 76209
Attn: Paul Williamson
4
Notary Public, State of Texas
My commission expires:
EXHIBIT "A"
LEGAL DESCRIPTION
ELEC7RIC EASEMENT
BEING A 6.8289 ACRE TRACT OF LAND SITUATED IN THE CASWELL CARTER SURVEY, ABSTRACT 275 AND THE
DANIEL D. CULP SURVEY, ABSTRACT NUMBER 287, DENTON COUNTY, TEXAS, AN� BEING A PORTION OF THAT
CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO EDWARD F. WOLSKI, AS RECORDED IN DOCUMENT NUMBER
2005-16351 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 6.8289 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a concrete right-of-way monument found in the west right-of-way line of North Loop 288 and being the
northwest corner of that certain tract of land described in a deed to the State of Texas as recorded in Volume 1067, Page 199
of the Deed Records of Denton County, Texas, and being the southeast corner of safd Wolski tract;
THENCE South 89°07'O7" West, with the common line between said Wolski tract and a tract of land descxibed in a deed to the
Henry P. Lo irust, as recordec! in Document Number 2011-89306 of the Real Property Records of Denton Counry, Texas, a
distance of 20.04 feet ta a point fo� corner at the POINT OF BEGINNING, and for the southeast comer hereof;
TMENCE South 89°07'01" West, contlnuing along the common fine between said Wolski tract and said Henry P. Lo 7rust tract,
passing a 5/8 inch iron rad with cap stamped "7NP" set for reference at the centerline of the herein described tract at a distance
of 37.50 feet, and continuing a total dfstance of 75.00 feet to a point for the southwest corner hereof, from which a 1/2 inch iron
rod found for the rr�ost southedy southwest comer of said Wolski trad bears South 89°07'07"West a distance of 803.90 feet;
THENCE Ieaving the common line between said Wolski tract and said Henry P. Lo Trust tract, and over and across said Wolski
tract fhe following 4 courses and distances:
North 00°04'23" West, a distance of 1,945.56 feet to a pofnt for corner;
North 21 °50'39" West, a distance of 888.55 feet to a point for corner;
North 34°45'08" West, a distance of 891.48 feet to a point for corrZer,
North 47°46'41" West, a distance o6253.17 feet to a point lying in the north line of said Wolski tract and the south line
of a called 3.070 acre tract of land described as Tract 1 in a deed to the Kim Property Revocable Living Trust, as
recorded in Document Number 20Q8-32710 of said Real Property Records, for the northwest comer hereof;
THENCE South 88°33'49" East with the common line befinreen said Wolski and Kim tracts, passing a 5/8 inch iron rod with cap
stamped "TNP" set for reference at the centerline of the herein described tract at a distance oi 57.41 feet, and continuing along
said line a total distance of 114.81 ieet to a point for the northeast corner hereof, from which a 5/8 inch iron rod with cap
stamped "CARTER & BURGESS" for the northeast comer of said Wolski tract bears South 88°33'49" East, a distance of 49.27
feet;
i'HENCE leaving the common line between said Wolski and Kim tracts, and over and across said Wolski tract the following 4
courses and distances:
South 47°46'41" East, a distance of 174.80 feet to an angle point for corner;
South 34°45'08" East, a distance of 908.52 feet to an angle poinf for corner;
South 21 °50'39" East, a distance of 911.45 feet to an angle point for corner;
South 00°04'23" East, a dlstance of 1,958.92 feet to the POINT OF BEGINNING, and containing 6.8289 acres of
land, more or less.
Todd B. Turner, R.P.L.S.
Qec. 12, 2012
Sep. 21, 2012 — Field
Revised: Sep. 30, 2013
(Address Schedule B ifems)
T.B.P.L.S. Firm 10011601
��,�,- � .os
I���i����NNN������
r000 e. nfaK�x
����HN���N��u����
.0 4859 r
.9 "����$ M� .�. �I
�Q SUR`��
SHEET 1 OF 3
maosvpw•�
� sua•cocrora vd �cirnc�oee I
tOLOt ��+1'���0
ozc «�rt �wa p�a•ntl.� ��a►
sui�aad � ��qu anBpa�
E �O Z 133HS
� �`k�� "�' >
�','';':"
ZZZE63WQ'ON 80f
s�xal '�t}uno� uo�uaa
uo�uao �o ,(}��
L8Z ��n��sqy '�(an�n$ d�n� �p
ay� pu�
SLZ }�oa}sqy `�(ananS aa}ao�
21.�� UI {�2}Df1}IS
�aiuoa
Ilannso�
5�23�� 68�8'9
� �ns �
�O �� S 5 3��:�6'�
� ^a 658ti d';
.... ...,..
• ...................
aaNaru •a aaoi
�•�'�:•. o�. �..� �.'�
\�►+.� ; �3: S: � L�d/
ss� ��d •�9 � �on �NINNIJ38 �
SVX31 d0 31tl1S �0 1NIOd
'BZS 'bd 'OOIf 'MA �+! PoP��o+ '1881 'til mQunncN P�N omo 1 � pal�
1 •uoW� o .GAlSHQNOR'
Rll� oNi ol �Il��o�+o� cwo�t�tg oaod o�uoqou� RQ po{rr�oxo �uawoao3 •�p� d1-0—?I 3�L3?l�AIO�
YY�
1���� �NI�N3WW0�
�pq s6od 't4Ll �wnWA W Dop�ooa 'CBBt '9L +aGUwidoS DoIU ow y c
ror.od rodioiunry aoxol o; •d»� 6uuooui4u3 5a3 RQ Pol�oxo �uoupeo3 •cpt
'1'D'0'e'0 't►G o6ad '►Stl ownyoA �i Pop�o+ ' 96l 'tZ �IM` Pa�U R��6y �0 1N IOd
rowod ptlp�unn sarol o; •d�o� eu{»ou3SU3 SU3 �C Polnaaza �wu�oso3 '�Ot
'1'�'0'M'0 'L5S o6od 'ZZ� owntoA �1 PaP�ooa '9S61 'BZ o�N' OaW
'09 146� ��ouod saxol ol l0 3a w�w�g •�•H Rq pa�maxa awu�oso3 •uWi
•1'�•p•a•p 'g o6od 'Ztif aW^IoA �I P�P�000� 'BfBI '8l ��TM
PoIU 'aJ 144ff W+aMOd 9oxay o� um4W� '0'V �Q Po��ooxo auou»so3 'IOS
'1'D'0'M'0 'Lil o6od •gt£ own�oA W PaP+�� 'Li6l 'OZ a�rM'
PaW '� 146f1 A1 m�od soxo! o� urawfl'J 'OY �4 P=Irr�oxo �wur.�so3 •�ot
'1'�'�'21'0 '9f1 o6od 'g� ow^1sA �I Gsp�aso� 'Lti6t 'OE ��^f
PvW '�'J 145f1 8�aMOd aoxol �l �4io9 'OY Rq Pslnaaxo ��muaoo3 10l
auM Dokl 'a� 14bCf Alm oa on o�y �6od 'lli awnWA �I Popwoo� 'BGBL 'ZL
d 1 oi �Q+B 'J'H �4 Pn7n�axo �uaunso3 'IOt
'1'�'0'tl'4 'L01 �s� 'i0f ewnloA W PBRw�� 't5�1 'SZ m9W+i�5 PoIU '��N
�anrio»COO� a�xp ;uno� uo3uop o� uxa8 ''J'H 4 Pa�mazo ;uawoso3 '4Dl
,�S'L�
,ao•5�
�tN��rnnroiy
IS-O-tl 9,!„?21�D1�
.l.�.Q.a.Q �� r
o6od •ypy ownpA W PaP+�� 'SS81 'B �I^I' P9W �u� �an�}aaAOO� o��aoq �
,t�uno� uo7�+0 �'a9 �uawEal�aO uolua0 �4 Pa�maxa tvauwso3 •6p� I I
�1�V�11 SINL 1�3{!tl lON 00 SW31.1 'JNN50��Od 3H1 r y�
�►utioks sv 'i�riu SiFU to3�v oa sxui a ainm+r,>s �N�oroe 3F°a �p�
dp
+
S10L '9t A�lY' 3LV0 3�LL�3id3 �fl
'84Lf ll 'ON �1 '3JNVtlflSNl 311LL 2p� 1N31LLIriT10� ANtldf10� A1NY21YfN� � It
0
53JM110S321 311LL !0 11i3N38 3H1 H1lN 032lYd�Hd SYM 1181HX3 SIHI ' �'
• � ���� ��p���e+-o-v a.%u�r°o�+� � a
� ������ �i �
�� �LM3A'!lNOW 1 �
!l-0-ll 3,13tI�N0�� { �
I
I
,00'SL M LO,L0.68 S Z'1
,�a�oz nn „co.ca.se s ��
3�N`d1S10 �NRid38 3NIl
,� 6S3�71l18�N�T,8V0„
dNl� „H/D
4096LOOb u�l�'S"I'd'8'1
(swe;l 8 e/npey�g sse.rAAb'�
e�oa'dE 'deg :peslnea
Piel� - Z 60Z ' bZ 'deg
Z 60Z 'Z 6 '�a0
•g•�•d•�{ '�awnl '9 P
'IEB4biN) B�oZ I�ua� y}�aN 'wel�S e�eUlW�'J
eueld a1B1S g�al e4l uo paseq e�e s8uueeg
�ON12ib�38 d0 S13tle
� os �cs �cv
� .dnr�., Q:id1YYlS •1'�'Q•a�d•a
� dV.7 X�Wdi
��.t� `SS! „9/S SSVd 90S(1al O�Z'd� MN3Ha
i Z
C1 . O
� � d
� ' W� � a
w � �
i+'� �
N t�� t0
O'f+i rj
� �� rn
� �3
�
N o �i
a 11
� � I{ U
a� �1
���
a�"1
� � 1`1t
t 1ti
— —,�
��.
�
�
,
��8�� 118lHX3
-�—✓L---
O6'f `l M ,LO.L0.68 S �� E $
��� d271 „Z/1 � �
♦
��� w� 000v.�.isn
���� 19.�� �C
\\\�\ �1Y1S�I �� 2pN � e
\
�u01� ��\\�� 9 R OI
1 '�'O'2f'd
sai •�a 'cFS •�oa —����
(!! l�b'2L1) Ti
11NS3 .(.11711n 30U+1 ,01 �--
�0 NOU b'�07 X02/ddb' � �t
sr
(b0! �P d0! '00!) 9T
1 '�'Q'2J'O
f l9 '�d '9001 '70� � �
'd210,7 3N173dld 1 tT
SN� 1H73Q X0� lIYS3 30/M ,OZ
ONb'
ac� •�d zzs •�on
sN�issd oNb s�oss3��ns
Sb13H S!h' 3�b'77b'M .l b'LI
iN 2►0� Q.3�1213S3b� ONb' 03N1b'13?J
M-D-�! b0� 1WS3 ,OZ
ONt+
f b6 �d 'S89 '70A
'd210� 31V/73d1d Sb'.� lN730 2/0�
1N3W33X9b' M-0-2! 30lM ,OZ
�OOE _ �6 �31b'�S
�009 �OOE ,096 0
'1'�'Q'�'d'a
14F91—SOOZ 'ON '�OQ
I�SIOM '� 42�b'Ma3
du� ��
dN�L„ Q3d1ft'�LS
� dV.� K.Llil SN! ., 8/9
E �O £ 133HS ��S
�NI� H�1HW
ww�au�du��Mnv�
�4 9LOY'tiC'Oi6 qd Ltl►'C4C0lE �
coavc+�t tiwi»o
otc �M'«wa «naa «wn �isi
su��aad � ��au anB�e;
�:;�
f,.�'�-f:. .� ,
�, ,.
e�os.��HS zzaE�awa •ow aor
spxal `r(�uno� uo}uaa
uo#uap ;o �C}i�
LSZ ��o�}sqy '�CananS d�n� •4 �aiu�a
ay� puo
5LZ ���a}sqy '�(ananS aa�.rp� ��aMSO�
ay} ui pa��n�ig
S��I�� 68��'9
o�'��,�ii$ �
•"s s 3' �'yb
-�,•�o` �oy., �
� ^ 6584 d ; '
...s.. ..�..
.............�...
213N2if11 '9 0401
. ..........................
a,t�� �� �• ,�-L : y I
\1��0��'�
609L100L u�l� 'S'"I'd'8'.L
(swe#! 8 e�npey�s sserAPb)
E I.OZ 'OE 'deg :pas�ne�
Ple1� - Z 60Z ' I.Z 'deg
Z��Z �Z� '�8Q
•g��•d•a 'aeu�nl '9 ppol
�-
�
� � , .
'�£BUVNf euoz �ua� yNaN 'weas�t3 elgu�puoo�
eueld e1�S a�el ey� uo peasq e�e eB�eag
�ONI2lb'38 d0 SIS'd8
'1'�'0'!I'0 '8ZS 'bd 'ObOI£ 'IaA �I Pop+�o� '1881 'tt �oqwanoN pv�{ scxal 'uo�uo0 Io ��f� 04� oi �qowd,o� sws3aSg o}00 o�uw�oap .(Q p�lnaoxo �uowaao3 'i0l
•ly4•ya 'p9 0 od '�9Z1 ownloA N Pep+o�o� �rae� '9L �9u+o1�S WW ��uo6y »MOd �odp�unri caxol oa �d»p OuNoou�Du3 S03 �9 Pa�moxo }uowasog y�l
'1'0'0'a'd 'ffL s6od 'rs�� oWnion �I PoP�� 'Z98t '� �I�f' Pa� .touo6y �a�od �od�o�unyy ooKOl o� �dio� 6u��oo�ry6u3 SG3 �Q Pa�noaxo �uowasc3 '�Ol
'1'�'0'M'0 LSS �od '7�L� ownpq ul PoP��o� '956� '8Z o�M' PoIU 'a� }y8� �p �aaod aaxol o� �c �o uMag �p•H R� po�maxa auowaao3 'wOl
�L�p•d�a•a •q aDOd 'Z1£ ownroA �I Pop�o�o� '8i61 '4t o�M PoW 'o'J 3 4bfl �7 JYMOd iDXDj O3 unoy�a� '0'tl 9 Po�mazo Zuawaeo3 'IOt
'1'�'0'a'0 �Lil o8ad '8t{� ownpA �I PeA��o� 'L48L 'OL o�M' Po18 'o� 3Yell �i �o�od ocKOl o; ura4l�'J '0'tl �Q Polnoaxa �uawaso3 '�101
'1'�'0'21'0 �9Y1 o6nd g� ownloA �1 V�P�� 'LfBI OZ ourip Do@I 'o� 1451 �P +aMOd aoxal o� un041�'J '0'Y �Q Dolnooxo �uawoso3 Yo�
Y'�'0'2i'0 '911 o6od 'ZZy ownpA y Pop�ooa '9S81 ZZ o�M P41l1 'o� l�n ��o�od soxal o� uwwg •�•H ,tq po�raa�co �uowato3 '!U!
'1'�'0'M'd '�OL a6od 'ZOf ou+npA W PoP�� 'CSBI SZ �oqwo�doS Pa� 'w� 'wnosodoo� oN}aul3 l�++a9 uo}uoa o� ur.ag •�•H ,fq polnoaxo ;uowoao3 '40t
•1•�•d•a•p �ppy o ad �ypr own�oA �! PaP�� 'SS6l 'B �I^P Po�l '��I '�paudoaJ �Nlaop ,qu^aJ �3�0 ai 'a5 luowdopno0 ���+�0 �4 Poymoxo ;uowuco3 '60t
�1�tl�11 SI}{L 1�3�lV lON 00 SYQLI ONNt0T10� 3HL
f10Z '9l A1fM 31,VQ 3ALL033i3 '86Llll 'ON dJ' '3�NYklflSNl
a�.sa� `
�LZ 'ON i�d .y�3MSC1�
� n:if1S Zi3
�.ti V a i
�OOE = W 6 �3Td�S
,00s ,00s ,os� o
du� �'
'bOt Auo dpl 'o0t '�ot 90t
�NNOHS SY '1�tl�LL SIHL 103,iiV OG Sl13LI B 31f103H�5 ONIMOrOd 3H1
1LL !!Od 1N3MLLIWWO� l.NtldWO� JLLF7V�ri'fl'J S3�l1f10S3L1 311LL d0 11�3N38 3H1 FLLLH 03iR+d3TJd SYM 119lHX3 SIH1
�S310N
£ �O Z 133HS 33S
� � � � � � � � �
`, 3N1� H�1dW
� �n - - - �Nrr ��ri�rns �Sx''a� - - _ _
� � ,n.
ti,�� 1 ��W
Cf�d� 3 5�,�� � .✓ si
�
� °cy'�1�1 u� ,dG s6+
a �s �S� t�%
�, � �
°o ��\� � �^o s�
�r�a�.sa�r
��� �d-�r�� �a ���N�a
�-�nans
(b0! �P d01 'a01) � � � �`\ �s
� •,�•p•��Q � \`� ` Z
sts �d 'soor •7on �, s. �� �'
'dZlO� 3Nl73dld � � � � \ dALL„ Q�dWY.LS
Sb'� lH730 2/0� 1WS3 301M ,Ot � d���
� 7 � � dY� fLLTIi Stll „8/D
QNd � -� � � 1
8lL '9d 'ZZ6 '70/1 �, � ��
SNJ/SSd ONb' � � \
S�laSS3,�.�l1S 'S�I13H SrN 3�Y77dM �3���0��` b�� ��
.c d� a� �o� o3na�s3r� o,vb �•
03Ni1�13�! M-0o��210� :ilNS3 ,OZ s,j,��N � � \\ � � !��
tr� •�d se9 •�on ��` �\
�daD� 3rrn3d�d sd� 1H730 ��� �
210j 1N3W3321,�b' M-O-t/ 301M ,OZ � '+�
,08'�bLl 3 „lb,9b.Lti S 9'1
,LZ'6t+ 3 „6�b,��.98 S Sl
l8'i� L l 3„6�6,��.88 S bl
,Ll'£SZ M „lb,9ti.Lb N £l
3�Nt/1SIQ JNRib'38 3NIl
� � <
�� �
�\ �
� �
� �
�
3 „80,9b.b£
n
u
I I
I I
I I
��
I I
`ra �li�
��.�' i i
. 2n
\si
n
i
„sssorrna�r�a�vvs„ `•,��
.�ari� ,.B/Q �.
�
�
,�8�� 1I81HX�
O� `'� i.
' o�
0
.l-�•o•a•d•a
�s�s�—sooa �oN •�oa
i�s�onn -� oadnnaa
(!0!)
1 �'0'2!'0
�si ��d szs •7on
1W53 �373 301M ,0!
„dus., a�d�r,ts
dV.� KLLH SNI .. B/4
,r�;�s .cv
„dN.l„ Q3dlt't�.lS dN�
X.LIII S?!1 „9/S SSVd
,.SS.39�Il1P�P}l3,L8VJ„ y 1-' \
.�Sf� ..B�S � 'b, - -
Sl � L l�b2ll)
'1'�'d'a'd'a
06LZ£-800Z 'ON '�04
1Sfl2il �NIAII �lBd�On321 Al?J3d021d INI?I
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0199, Version: 1
AGENDA INFORMATION SHEET
DEPARTMENT: Denton Municipal Electric
ACM:
DATE:
Howard Martin, 349-8232
June 17, 2014
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to accept a Counteroffer from
Kim Property Revocable Living Trust, a Texas Revocable Living Trust, for the purchase by the City of an
Electric Utility Easement encumbering a 0.8052 acre tract of land being generally situated in the Daniel P. Culp
Survey, Abstract No. 287, City of Denton, Denton County, Texas for the public use of expansion, construction,
operation, maintenance, augmentation, and improvement of electric transmission and distribution lines,
facilities, structures, and substations for the purchase price of One Hundred Ninety Six Thousand One Hundred
Eighty Seven Dollars and Forty Four Cents ($196,187.44); authorizing the expenditure of funds; and providing
an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line
Upgrade Project: Parce135 - Kim Property Revocable Living Trust)
BACKGROUND
Offers have been made to the property owner on April 17, 2013, and July l, 2013 to purchase the captioned
land rights in accordance with Ordinance 2013-094.
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.
ESTIMATED SCHEDULE OF PROJECT
Winter 2014 - Spring 2015
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council Public Hearing November 15, 2011 (Route Approvals)
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0199, Version: 1
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by
Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas
(ERCO'1�. The purchase price of $196,187.44 plus closing costs as prescribed in the Agreement are to be funded tY�rough these
funding sources.
BID INFORMATION
N/A
EXHIBITS
1. Location Map
2. Ordinance
Respectfully submitted,
Phil Williams,
General Manager
Denton Municipal Electric
Prepared by:
Pamela England,
Real Estate Specialist
Engineering Services
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
LOCATION MAP
N Denton Municipal Electric Proposed Acquisition '
Kim Living Trust Tract ��� �� �;��„,�;�� ��
soo 0 � so soo soo F E ET ��
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ACCEPT A COUNTEROFFER FROM KIM
PROPERTY REVOCABLE LIVING TRUST, A TEXAS REVOCABLE LIVING TRUST, FOR
THE PURCHASE BY THE CITY OF AN ELECTRIC UTILITY EASEMENT
ENCUMBERING A 0.8052 ACRE TRACT OF LAND BEING GENERALLY SITUATED IN
THE DANIEL D. CULP SURVEY, ABSTRACT NO. 287, CITY OF DENTON, DENTON
COUNTY, TEXAS FOR THE PUBLIC USE OF EXPANSION, CONSTRUCTION,
OPERATION, MA.IlVTENANCE, AUGMENTATION, AND IMPROVEMENT OF ELECTRIC
TRANSMISSION AND DISTRIBUTION LINES, FACILITIES, STRUCTURES, AND
SUBSTATIONS FOR THE PRICE OF ONE HUNDRED NINETY-SIX THOUSAND, ONE
HUNDRED EIGHTY-SEVEN DOLLARS AND 44/100 ($196,187.44); AUTHORIZING THE
EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTNE DATE.
WHEREAS, the City Council of the City of Denton, Texas ("City") has approved plans
for the construction of multiple electric transmission line and substation projects ("DME
Expansion Projects");
WHEREAS, the DME Expansion Projects serve the public interest of the citizens of the
City by continuing to provide reliable electric service through electric utility infrastructure
expansion and improvements;
WHEREAS, numerous real property interests need to be acquired by the City to construct
the DME Expansion Projects;
WHEREAS, the City needs to acquire a 0.8052 acre electric utility easement on property
owned by Kim Property Revocable Living Trust ("Owner") for the DME Expansion Projects
("Property Interest"); the Property Interest is generally situated in the Daniel D. Culp Survey,
Abstract No. 287, City of Denton, Denton County, Texas, and is more fully described in Exhibit
A and shown on Exhibit B both of which are exhibits to the attached Easement Purchase
Agreement;
WHEREAS, the Property Interest is to be used for the public use of expansion,
construction, operation, maintenance, augmentation, and improvement of electric transmission
and distribution lines, facilities, structures, and substations;
WHEREAS, the City made both an Initial Offer and Fina1 Offer to the Owner to purchase
the Property Interest;
WHEREAS, the Owner has made a counteroffer to the Final Offer of City;
WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best
interest to agree to it; NOW, THEREFORE,
THE COUNCIL OF THE CITY 4F DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance
are incorporated by reference.
SECTION 2. The City Council finds that:
a. The DME Expansion Projects serve the public interest of the citizens of
the City by continuing to provide reliable electric service through electric utility
infrastructure expansion and improvements; and
b. The acquisition of the Property Interest is necessary for the public use of
expansion, construction, operation, maintenance, augmentation, and improvement of
electric transmission and distribution lines, facilities, structures, and substations as
required by the DME Expansion Projects.
SECTION 3. The City Manager, or his designee, is authorized to accept the Owner's
counteroffer to sell the Property Interest for the purchase price of One Hundred Ninety-Six
Thousand, One Hundred Eighty-Seven Dollars and 44/100 ($196,187.44}.
SECTION 4. The City Manager, or his designee, is authorized to (a) execute (i) the
Easement Purchase Agreement, by and between the City and Owner, in the form attached as
Attachment 1; and (ii) any other documents necessary for closing the transaction contemplated
by the Easement Purchase Agreement; and (b) to make expenditures in accordance with the
terms of the Easement Purchase Agreement.
SECTION 5. It is the intention of the City Council of the City of Denton, Texas, that if
any phrase, sentence, section, or paragraph of this ordinance shall be declared unconstitutional or
otlterwise invalid by final judgment of a court of competent jurisdiction such unconstitutionality
or invalidity sha11 not affect any of the remainder of this ordinance since the same would have
been enacted by the City Council without the incorporation of the unconstitutional or invalid
phrase, sentence, section or paragraph.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
CHRIS WATTS, MAYOR
2
A.T�i'�ST:
J�I�iTFER WALT1;�.�, �I`�'� S�C�t��I"���
l�
A�'�I��:VEL7 A� T(� �L,���L F'�R.Pv�:
AII'�1Y�TA i3UT�.�"rES�, �I`T'Y AT°I'C�F��C�;�
�y:
Easement Purchase Agreement
NOTICE
YOU, AS OWNER OF THE EASEMENT LANDS (AS DEFINED BELOV�, HAVE THE
RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY
OF DENTON'S ACQUISITION OF THE EASEMENT WITH OTHERS; OR (2) KEEP
THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER SS2, G�VERNMENT CODE.
THIS EASEMENT PURCHASE AGREEMENT (��Agreement") is dated
, 2014, between Kim Property Revocable Living Trust, a Texas
revocable living trust (the "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Kim Property Revocable Living Trust, a Texas revocable living trust is the
Owner of a tract of land (the "Land") in the Daniel D. Culp Survey, Abstract No. 287, Denton
County, Texas being affected by the public improvement Project called the Sgencer
Transmission Line Project ("Project"); and
WHEREAS, City is in need of certain easements in, along, over, upon, under and across the
tract of 1'and described above related to the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary easements for the Project;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
i
1. At Closing, the Owner shall grant, execute, and deliver to the City an easement in, along,
over, upon, under and across the tract of land being described in Exhibit "A", and depicted in
Exhibit "B", respectively (the "Easement Lands"), to that certain Electric Utility Easement
attached hereto as Attachment 1 and made part hereof, for electric utility purposes, as more
particularly described therein (the "Easement"); The Easement shall be in the form as attached
hereto and incorporated herein as "Attachment 1".
2. As consideration for the granting of the Easement, the City shall pay to Owner at Closing the
sum of ONE HUNDRED NINETY-SIX THOUSAND, ONE HUNDRED EIGHTY-SEVEN and
44/100 DOLLARS ($196,187.44) as compensation for the Easement. The monetary
compensation prescribed in this Section 2 is herein referred to as the "Total Monetary
Compensation".
3. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all
compensation due Owner by City related to the Project, including without limitation, any
damage to or diminution in the value of the remainder of Owner's property caused by, incident
to, or related to the Project, damage to and/or costs of repair, replacement and/or relocation of
any improvements, turf, landscape, vegetation, or any other structure or facility of any kind
located within the Easement Lands related to activities conducted pursuant to the Easement,
interference with Owner's activities on the Easement Lands or other property interests of Owner
caused by or related to the Project and/or activities related to the Easement, whether accruing
now or hereafter, and Owner hereby releases for itself, its heirs, devisees, successors and assigns,
City, it's officers, employees, elected officials, agents and contractors from and against any and
all claims they may have now or in the future, related to the herein described matters, events
and/or damages.
z
4. "I�h� C;�c�si�� (he��ein �c� c���led) s��all c�t;c�t�r iz� ���ci �lZi°au�h �1�� c.�fl:tc�. t�1 '��itl�; ��sr��i1•G�s, S2�
�aufil� Il�cae�� 2��, �"uit� #�"��, laen��n, "T�exas '7�2t�S (""litlr� C�nxpam�°„} �itl� ��i� '�itl�: ��r��a}��ny
� ��
���i���, a� c;�crc�r�r ����at, cr�� �k�� c�at� �v��ich �s�, ��6a�,�� �fi�;�° tl��; k�i`�"�,�,ti��� B���t�, ur�le.ss tk�e fa�;�raer
��aci tlx� C'it�F i��c�t���➢ly ��r°e�, �r1 writ����, �o ��7 ea�•lie� �r l�t�i° c��tc (`.C"1<asin��, I���t�"�. �I'1�� ��n�r
s1�r�11 �;�nvc�y t��� L.�z.s�:r�x�;�t 1;r�� aY�rc� cle�r rai' all debti�, 1Q���� �HZ�.� t;r3c�.ii�nbn'��a7c��:�. T�j� �v�Fz3er shal�
�ssi�t ���ci ����pc�r•t �����fac�qc��� ofr all cic�si�� ��quir��ne�7ts i� i•ci�lr�n to �alicitati�i� af �eicas� �r
s�.�b�r�i���ii+ar� o�' laens ���d er�c�z�n��rya�ce� ���d atl�e� c�zrative �f��:�a��s �Et'��.t���� tl�� �ase�aent, ��'
a�ecess�iry i�7 t17� e�iscretic�n of'�1ze Gity.
�. rl"1�e. �tig��al�tc�c� "T"�tc�1 1'vican�t��°y C�,i�np�nsatican �z�c7c��ad�t sli�ull ��� }���ic� by t��e C�t�� ax �Clc,sar�,� ta
1➢z� ��atiF���r t➢��c�u�k� tl��; "1"it1� Cr�rtrp��ly. A1L c�tl7c�° typi�:�l c.��stc�i�l�t•y� an� �t��t7�arc� cl�si�1� ��sts
��.�sr�ci��t�.c� �vfltk� il�i� tr�����ti�e� sllafll be �aic� s��a;cifiic;��6� by t��� C'ity, �,�c�;}�t 1'c�r C�!w��er's
t�iicaa-n�;y'� �c�s, i�����y+, �vl���l� �l���l➢ be paid �ay �wn�r°.
6. �I"l�c cl��:t�, �� ���k�ie�� t�is ��;re��t��iit Ls ���cu��d by^ ch� f�!�,�!n�i° s11��1V ka� il�� "�iic�cfi�ve ��te" r�i`
this ��r°��:r���.t�:a.
7. In ���� c;v�;��t �����r� �l�ral� de�a��1� in thc p�rta�-m���c c�f ��u� cc�v�za�tx�t ar ���-� pravid�d h�r�in,
�r�d s�u�cl� r�cf�l�lt sh�ll b� ca���t�z°�uin� �fte�° ten (➢�➢) clay�s w�•�ti�n� ��ratic�c� +a�, s�z�l� cieEa�ilt �n�l
apg�c��°t�r�ity tr� c���°�, �;it�! may �����c�is�c an� ri�l°�t az- r�z��edy� avail�t�l� t� it �y ���, ccantr���, ��Gaity
oa• c�tl�eT•wis�, i�7c1�GC�i�a� vv'rtlac��.�t l�rraitati�a�, �k�� t�e�nedy �%. s����iia� g��,ric�r��r7a��;e �r tei��niil�tiai�u �f
tl�is ���°�.ema�nt.
�. In t��e ev�:��t �'ityF sh�1fl d�f�ult in t��e pe�•fa��man�� �i' �r��y cca��t���t�t �r t�r�� pravided �er�in,
�nci su�h �efa�.�lt �1��11 �a� �;�a��tiraaain� ��.f'tex- t�» (1C�� days writ��;7� �c�rti�� af` cleiatalt ���d c��part�:ri�ityr
t� �:��ra�, �)��Fcx�z� ar��,y, �,� �is s�a@�. amd �xcllusive r-�rn�c�y, �itk��l° (.i) ���•i����a���� tH�is �l�r�;cn��nt pric�r
�
�c� C']c�sing b� writt�n i�c�tic� c�i�stac3a �lect�am� tca �ryfltyr c�z° {1a) en�fc�r•ce s}�ec;ilic ����•ia�rm�z�cse caf't��is
%'!��t'�"f�T11�11�.
�). "1�1-4�: �.�1�'� C�� '[`� �1�, `,�"'1'.�,"1'�; �C7'1' T�?�,�1.�a �I-I�.I.�, C'��I"�"R.CJi.., A�� .�1.(�9'1.,Y .�.4) "�"1-�1�`
�'�C�;�.k�;�:�v1I�;�T ��R .�1LC� E�l.���.:C'C�SE�. `I��-IIS �C��..�;�1",��I'�6T lS PLI�..�;(�I�➢'��1�=1➢�L� �R'�1
�!E:�?"T"C�l^� ��0�1�1'`r', rI'��"��. ��1�1L��. F�� .�.1�i4' .��TIC�� �1R.ISlI`��i �-Il;�i.EU�iL�ER
Sl,��.L� �I� S�L�LY T�a rl�-i� �011R`I"� ��" CC��fl'�"�°�6�"� ���I�I�I�"�IC)��J ��{ Li��FTC��
��i1i�j�till'�11i �+I�T.,''�
1�, T�r�m and ai"tc;i� t��e c�at�. �t �a��cr�ti�i1 c�l� tl�is ��a•�.�ra�e.�zi by C�wrber tca ih�, ci��te c��� �;aosili�7
C.������,a� �1roal� r�c�t �i� con�r�yF c��° �ea�e ai�y� ii�t�i-est a�7 tl�� ��s�n�t;i�i Land�;, c�i- ��i� t;��tc�- ir�ftcs ai��F
�1��•��cz�ez�� �1�at vai�l be. lai�cli7�� u}�c�i� thc: �,�se;���ea�t ���.���ci� ���• �a�aaa� �kae �����r ��rial� �°��pect to tl�e
�.���s�rt�u���t L,a�ds c�i`t�:r tl��. cb��t� c�f'�`➢c�sii��.
] 1. �r�y e-�ati�;�s �ar��c��i��c� c�r ����c�wec� �aer�ua�ci��• ��a �w�z��.i° r�ndlor City s�1a11 bc� ��°� w�•etic�� and,.
���:e�at as �tl7e��w��� p�•c�vicie�l l�cr�;it�, �l�all be d�1i��r�� l��' tc�l�����c�nic facsii��il�, l�a��cl �i�l�vcry ar
�y U��it�c� '�tat�s I'��i�, �s �l��c;xil��d I��r�xn, ���ci �k�al� b�; �e�����c& cl�live�•ed u�a��a t11� ���rlaer ta
ac�c?ut° �£ (�� t�e e�ate ��r��id�c� uf ���nd deliv�r��6 caar �i�1i�F��°ed t�y ie,lep�o�a�� f�a;si���il�;, a:nd �b� o�
�1��: elat� c��'��pc�sit a1:, iri �� i�����la�•I� �rnair�t�in��� ��cc��t<tc1c; �r�r tDxe U�zi�ed �t�ics M�wl, �•��;ister��
�r ��t•ti�i�d, r�t�.ir�� r��ci�t m•cc�t��;si�c�> �ast�g� pr���it�, <��9c������e� �s fo�l�srvs:
�'�T'Y;
I�" �� �
� ��„� ' �,�;��� �City c�d`I7c�rz�t�r�
���° � � � �� �� � � � �� �"aul''�'il�u����a-�����r�
�� ' � ��� �� ��� ���' � �� "���� � ������[ ��stata� ���r�t� ����it�i ��,lpp�rx
�'h+��e ��� i����«����°.� ��� ��"�� 901-F. 'T°�x�.s� �'ire�t
De�ztao�, 'I`���� 7G?4�3'
"l"�l��c�py; (�)4C�) ?a��-�9S 1
R:]
C"a�ai�s �c�:
lic�z• �wr�e�:
� w � ���.� � � ��
__ � ��.�
� � �� ��� � �
�
�
'I'�:I�:��ap�y:
�� c�r C' i t,�
�ca�ti W. Hi�k�y, �.t��ai-���;y at I:,�w
I�els�y, 14��scy � [-�icl��y, �'l�L�:
P.C). �3ra�c � 1 �
I��rutc���, "]ryt�:��:s 7�2[�2
"�'�l�c�}�}A: (�!�Q� 3�7-95�3
12. rI"N�is A��-e�me��t c�rt3stitt�t�s i��e s�l� and anly t"����ee,����rxt o� �l�e p�rtie� and s�a�e�•se��s any
�rit��• a.tnci�rs��ndi��s t��� va�•ittc�x or �a��� A����e������t:� �a���e�e� t�e par�i�s v;�rtlt r����ct ta i�z�
s�ubje�t a��at�ea• a�fthis ,���°��;n�e��t.
13. 'T'li� r��res���t��"son�, vv��:�°�•�a�ti�s* a�c�eei��ents ai�� �.c���er�ai��s c�x�t�il�ec� �i�ccia� 5�i�61 s�lrvivu
�17� C;lc�sin� ��nc� sha11 �c�l z���•��. �v➢t1� the Ea�s�;�n�:��t.
l�. .�.��t��or•i�y^ cc7 ��:�k�: ���i;y �ctic�n� tha� �i°� kc� ��:, o�� �nay t��, t�k��i by U�aay�c° un�er° t��i�
�.��°�eme�t, it�clu�9ri�� �vitf�c�t�t linxitatic�z3, z�ju�;t7���nt c�i' t1�a�, �"Vr�sin� T]at�, ���� 91�relay cl�;l��ated
l�y 1�uyea•, purs�at�� tc� ac�t��ra kay t8�� Ci�y C'a�.�ncil c�1' ����xt�ba, 7�e:�as, t� �1��1 �illia���, C�e��ral
l�✓��tit����;�r, �l�c�rie �.c��-��u�yistc�ii�i� c�CBur�r, �ar l�is �e�i�;n��.
1�. ��� tl�� �v�nt ��ic�i• tc� tl�r� Cl��1u�g T�at�, ct�1��i�i��a�atic�n t�n• �i���i�e�t �i�a�n��in prc��ctriin�s �r�
tb-�re�ti���ed c�a� i��uti���c�i by any ���ti�y �t���r il�ae7 ����. C;ity ti��t �rri�ht r�sralt i,� �f�� tal�in� c�i' �a�y
�ac�►�tia�� ra� the ��a�e��t���7t L,ar��is, Ci�y rnay, ��t it5 �1e�fiic��ti, t�rtnina�t� this �1.�;r�:��7tie�lt ��t artiy time
}��°ic��° tc� Cl�r�in�.
16. Ti'tl�� �➢nsin� I����a� �r• c��iy e�t'��;rfc�i�mtiazlce �af �li��r ac�t ���c���i�°�d c�r �aers�zitter� lxc;�°etzt�r�ci° %l➢s crrr
a�at�a�`c.i�.�, S�.�:�ci�y c��• ���a� h���i�ay, �9���� tlxe Clcasi�a��, l��Ce ar c�a� �1� pe�•icarr��aa�c�:, ;�L� t�� c�a��
i�1��� b�., ��1a11 �i�: tlie� sa��.� liallc�win� re�;�:dlae° �u�1��c;5s c���y,
5
�IT"'�'" t7�' �GI'�1"�'U�,'i'��`�AS�
I3 }�:
C���3i�+C�� �, ��NM��3�L�,,
+�'I'I'i? PNT�fl'�A���I�
��t�. , "��14
AT'�'��T;
,��i'�l'��FI;I�, WAL'fl'GRS�, +�T�T"V �I��C�[�1'A��,4'
�
II:)ate: , ? � 1 �
A�'1'���V�;I�! A�'�'� LrG�,� FC�I�.IN[w
�c�s�e .,�,,,.�,����-.��
� �,1�.� ,
����;�y
s , �, ���
���.��.��c��,����
�, �
��: .
k�
�c���: � �,!,..�.�..�a �� 1 �
�WIICt";
"�'h� I�ir�� I''c�per-ty Revacable Livim� Trti���,
a T�;�:as �•ew�Fc�ca�l� l�vin� tz•usf
� "�.
�3�r� � , Tr�ust�c
IJat�;: �� ��� � � �� . �,�1 �4
I:'�`i � i'�•�i�ii 1�1�7
. � � . ,�
"1"l��s �eBc���c�r.ra�� t� Eas��ra��� I'r.�r�l���,sc �.�rcen°����� is ���.de k��re��°� �.� �c� ����cn�Ci7��r�t �a� ce�°ta�r�
te�°ms ��'tl�c �as�cr���t d'urcl���s� A�i°ce��c�r�l s�t �'arth al��v�,
I�9��'", "1'I.rL�.L1�C.�RE, t�wner �ti�ud C;ity �i��°�by ��n•�� as� tnll��s:
A. R.a�a���ll ���i�h �haLl b� �aaic� � 6�1U c�azn:«�uss�c�i� ��� th� s��e ��' �he �a�et�-����t 1.���ad� descrit��ci
��e�e-�in, ��yab1� by (��vn�r f°r•t�n� �J�v�a��'s ����ac€�ec��.
�. CC�wr�aci� and �ity �`r:�rtl�er �grc�e th�t the Ea��a���c�� L,and� ar� k���r�� C�II�AI� I�LD, '�(�LT:.:) arrd
��7�iVLY�I7 ur� lie�� �f �1�� c:�a�cl�;n����tic�z� pz��c�ss ���r�a��ne�> ��r�din�, o�• �ut��c��•ized by 1avv,
by �Ci�y.
���""°
��
: C.)��rr�c�� . CY
�
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e} of the Internal Revenue Code of 1986, as amended
from time to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources
Attn: Virginia Kubiak
525 South Laop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381-1Q06
Telecopy: (940) 898-0121
:
Printed Name:
Title:
Contract receipt date: , 2014
�
EXHIBIT "A"
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING A 0.8052 ACRE TRACT OF LAND SITUA7ED IN THE DANIEL D. CULP SURVEY, ABSTRACT
NUMBER 287, DENTON COUNTY, TEXAS, AND BEING PART OF THAT CERTAIN TRACT OF LAND
DESCRIBED IN A DEED TO KIM PROPERTY REVOCABLE LIVING TRUST, A TEXAS REVOCABLE LIVING
TRUST, AS RECORDED IN DOCUMENT NUMBER 2008-32710 OF THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS, AND SAID 0.8052 ACRES BEiNG MORE PARTICULARLY DESCRIBED BY
ME7ES AND BOUNQS AS FOLLOWS:
COMMENCING at a 518 inch iron rod with cap stamped "CARTER 8� BURGESS" found for ihe Southeast corner
of said Kim tract, and being in the West right-of-way line of North Loop 288 {a variable width right-of-way), and
also being the most Northerly Northeast comer of a tract of tand described in a Deeci to Edward F. Wolski, as
recorded in Document Number 2005-16351 of the Real Property Records of Denton County, Texas;
THENCE N 88°33'49" W wilh the common fine of said Kim and Wolski tracts, a distance of 49.27 feet to the
POINT OF BEGINNING, and being ihe So�theast comer oi the herein clescribed tract;
THENCE N 88'33'49" W oontinuing along said common line, passing a 5/8 inch iron rod with cap stamped `TNP"
set for reference at the centerline of the herein described tract at a distance of 57.41 feet, and continuing along
said line for a total distance of 114.81 feet to a poInt for corrzer at the Southwest comer hereof;
THENCE N 47°46'42' W departing said common line, and over and across said Kim tract, a distanoe of 431.37
feet to a point for comer at the Northwest comer hereof and being in the Northwest line of said Kim tract and a
Southeasterly line of a called 6.724 acre tract of land described in a Deed to the State of Texas, as recorded in
Volume 1048, Page 186 of the Deed Reoords of Denton County, Texas;
THENCE N 42°06'15" E with the common line of said Kim tract and State of Texas tract, passing a 5/8 inch icon
rod with cap stamped "TNP° set for reference at the centerline of the herein described tract at a distance of 37.50
feet, and continui�g atong said line for a total distance of 42.03 feet to a concrete right-of-way monument found
for an angle point hereof;
THENCE N 87°06'44" E with the No�therly line of said Kim tract and a Southerly �ine of said State of Texas trad,
a distance of 46.54 feet to a point for the Northeast comer hereof, from which a concxete right-of-way monument
found for the Northeast corrzer of said Kim tract bears N 87°06'44" E a distance of 52.75 feet;
THENCE S 47°46'42" E over and across said Kim tract, a distance of 485.55 feet to the POINT OF BEGINNING,
and cantaining 0.8052 acres of land, more or less.
R.P.LS. ,� f�a� s ER f4 .)-9
To . umer, ,�,
December 12, 2012 y� sU'
REVISED: October 11, 2013 �����TOOO"e �t�i�� ���
Sep. 20, 20t2 — Field ..Y«•••••••••••••••••••Y••
� A 4859 �
T.B.P.L.S. Firm No.10011601 ;sq _a�,�
SU
SHEET 1 OF 2
V 1 !
!3 .
1 �
� '
14 '
'
`N .
� '
� ���,�'�, d� EXHIBIT "B��
.,\`.� �� g���
����bp� 6`� ���
V"" � b �♦ \��
o p�o . ,
., .,
co�vcn�a noA ���. ��`.
MONUAlSNT
b/B" IRS IIITR CAP 1`��` \��\
STAMPED "T�fP"� � ♦
(� � � L4
STATE OF TEXAS J`' �M
VOL 1048, PG. 196 ti�`.�° .
R.P.R.D.C.T. �
(CALLEO 6.724 � �
ACRE TRACT) �
/
�
/
CONCIlSTE It01I
dlONU,1lSNT
C11
5/8' ClRF
'catzrsna�auRCass"
�'o �
�
� �
���y�
�
�'°�.�A
\
CONCRETB ROi► ,p���� p0' WIDE R-O-W AGRfEAfENT FOR
NONUdIENT
CM DfLHI CAS PIPELlN£ CORP.
.�
.
�
�
�
�
�
\ �
1�
f \
\
KIM PROPERTY REVOCABLE LIVING TRUST
DOC. NO. 2008-32710
R.P.R.D.C.T.
(TRACT 1)
N SS'33'49" W - 579.96�
EDWARD F. WOLSKI
D�C. N0. 2005-16351
R.P.R.D.C.T.
(CALLED 1 i 1.64 ACRE TRACT)
LlNE BEARING DISTANCE
L1 iV 88'33'49" W 49.27'
L2 N 42'06'15" E 42.03'
L3 N 87'06'44" E 46.54'
L4 N 87'06'44" E 52.75'
JV07�S:
1. Thls ExhEbft was prepared wlUi benefit of that ceriain Titte Commitmertt, GF No.
111784. hsvfng en e1�eCiive date Of Attgust 18, 2013. provided by 17@e Resources
Guarartly Company.
� VOL. 685, PC. 443
ANO
5/8" IRS 1I17'N CAP Zd� rNOF E�UT. FQR 0£LN1 CA5
�— STAMPSD "TNP" PlP£LlNE CORP.
VOL. J006, PG. 613
D.R.D.G T.
�� AND
��• 20� fSMT. FOR R-O-W ASSfGNEO
� �� TO IONf SrAR GAS COMPANY
Sf�a �\ DO� NO 95-16944
�• ��♦ . (Iqe & 10/)
�� � � \,
� \
�
.
� �S �
..
\ t'c �. ��� �� CONCRSTE ROtI
�.O � �AIONUAfP1VT
\S�°� � � �
♦
� � �071r � � ♦
� � \� \�
r3?. � . \�. `��
� �
. .
� ��` ��� 6/B" CIRF
� 'CART6R&SURCES5'
� POINT OF
5�B" IRS' NlT7f CAP \ � , `s� `♦
STA!lPBD "T�vP• � 'Qi• `� CONiME1�CING
� �
-- \ �
-- -- � �
N 88°33'49° W ��. �,,, �.
114.81' ��� ���
POINT OF ���
BEG[NNING �
tnp
0 60' '100r
2 The toRawing EDa�ns from 3chedule B of satd Title CorrunfUneat do not aRect Uils tract
(10e) Vdume 685, Page 443
��or� vo►�� �oos, Page 613, e�n� �, cc �s5-ROO�ssaa. SCALE: 1" = t00'
3. BearEngs are based on ihe Texas Sfate Plsrre Coordlnate System, North Central
zoRe �wwsa).
To� B. Turner, R.P.LS.
Dec. 12, 2012
REVISED: Oct. 11, 2013
(Addressed Schedule B Items)
5ep .20, 2012 — Field
T.B.P.L.S. Firm 70011601
0.8052 ACRES
Situated in the
oF Doniel D. Culp Survey, Abstract 2$7
T City of Denton
�$7fRE;a 9
� •:�, Denton County, Texas
TODD B. iltRkER
��y��r�uu.r..�.��..��� ��..
' .0 4859 �: �
� /'.�OF ��:�P•�/)
.
qti� ,f s s,..�-lQ.//
JOB N0. OME13222
_-;�
�'�"�
SHEET 2 OF 2
teague ncll � perkins
� �snc.�.noo.onrwwam
MeNn. Tm� 76ZCS
a+o.ss�w�n � wo.su.soss r�
�nw.n�ptns.aaw�
ATTACHMENT 1
TO
EASEMENT PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY 4R ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS
COUNTY OF DENTON
ELECTRIC UTILITY EASEMENT
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
THAT, KIM PROPERTY REVOCABLE LIVING TRUST, a Texas revocable living trust (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 vaziable 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 Denton County, Texas, being approximately 0.8052 acres
and being more particularly described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and
incorporated into 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 purposes 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. GRANTEE shall have the right to trim or remove trees or shrubbery within said
EASEMENT PROPERTY, to the extent, in the sole judgment of GR.ANTEE, necessary or desirable to
prevent possible interference with the efficiency, safety and/or convenient operation of the
FACILITIES or to remove gossible efficiency, safety or operational hazazds 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.
GR.ANTOR, for itself, its heirs, devisees, 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.
GR.ANTOR 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 hereof. Upon written consent of GR.ANTEE, such consent to be exercised
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.
2
GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to trim or remove trees
as provided herein, together with the right to install gates in existing fences within such EASEMENT
PROPERTY.
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, LTNPERMITTED
STRUCTURES on the EASEMENT PROPERTY and if any LTNPERMITTED STRUCTLTRES 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 shall constitute a covenant running with the land and shall bind and inwe to
the beneiit of GRANTOR and GRANTEE, and their heirs, devisees, successors, and assigns.
TO HAVE AND T� 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.
WITNESS THE EXECUTION HEREOF on the _ day of , 2014.
GRANTOR:
THE KIM PROPERTY REVOCABLE LIVING TRUST,
a Texas revocable living trust
.
Trustee
3
State of Texas
County of
.
This instrument was acknowledged before me on this day of , 2014,
by as Trustee of THE KIM PROPERTY REVOCABLE LIVING
TRUST, a Texas revocable living trust on behalf of the said trust and in the capacity therein stated.
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
Real Estate and Capital Support
901-A Texas Street, 2"d Floor
Denton, Texas 76209
Attn: Paul Williamson
Notary Public, State of
My Commission Expires:
4
EXMIBIT "A"
LEGAL DESCRIPTtON
ELECTRiC EASEMENT
BEING A 0.8052 ACRE TRACT OF LAND SITUATED IN THE DANIEL D. CULP SURVEY, ABSTRACT
NUMBER 287, DENTON COUNTY, TEXAS, ANb BEING PART OF TFiAT CERTAlN TRACT OF IAND
DESCRIBED IN A DEED TO KiM PROPERTY REVOCABLE LIVING TRUST, A TEXAS REVOCABLE LIVING
TRUST, AS RECORDED IN DOCUMENT NUMBER 2008-32710 QF THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS, AND SAID 0.8052 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 5/8 inch iran rod with cap stamped "CARTER & BURGESS" found for the Southeast comer
of said Kim tract, and being in the West right-of-way line of North Loop 288 (a variable width right-of-way), and
also being the most Northerly Northeast comer of a tract of lend described in a Deed to Edward F. Wolski, as
recorded in Document Number 2005-16351 of the Real Property Records of Denton Counry, Texas;
THENCE N 88°33'49° W vvith the common line of said Kim and Wolski tracts, a distance of 49.27 feet to the
POINT OF BEGINNING, and being the Southeast corner of fhe herein described tract;
THENCE N 88°33'49" W continuing along said common line, passing a 5/8 inch iron rod with cap stamped "TNP°
set for reference at the oente�line of the herein described tract at a distance of 57.41 feet, and continuing along
said line for a total distance of 114.81 feet to a point for comer at the Southwest comer hereof;
THENCE N 47°46'42° W departing said common iine, and over and across said Kim tract, a distance of 431.37
feet to a point for corrzer at the Northwest comer hereof and being in the Northwest line of said Kim tract and a
Southeaste�ly line of a called 6.724 acre tract of land described in a Deed to the State of Texas, as recorded in
Vokume 9048, Page 196 of the Deed Records of Denton County, Texas:
TMENCE N 42°Q6'15" E with the common line of said Kim tract and State of 7exas tract, passing a 5/8 inch iron
rod with cap stamped "TNP" set for reference at the cenlerline of the herein described iract at a distance of 37.50
feet, and continuing along said line for a toial distance of 42.03 feet to a concrete right-of-way monument found
for an angle point hereof;
TiiENCE N 87°06'A�4" E with ihe Northerly line of said Kim tract and a Southerly line of sa+d State of Texas tract,
a distance of 46.54 feet to a point for ihe Northeast comer hereof, from which a concrete right-of-way monument
found for the Northeast comer of said Kim tract bears N 87°Ofi'44" E a distance of 52.75 feet;
THENCE S 47°46'42" E over and across said Kim tract, a distance of 485.55 feet to the POINT OF BEGINNING,
and oontaining 0.8052 acres of land, mare or less.
���.� F � r�
p�a�STER'y.
To . umer, R.P.LS. y� �,�• ,�. Fo�
December 12, 2012 •
REVISED: Octoberll, 2013 �`Niono e�niwipi
Sep. 20, 2012 — Field ..Y'•••••.'•••••••••"•
' .0 4859 •
T.B.P.L.S. Firm No. 1001'E601 ;s.q _a�,
SU
SHEET 1 OF 2
is r
�
----� 1
14 '
!
� .
� l
f .
!
♦1`` �\`\ ��
j , , �
. '., ' �ap ��� q
'0 0������ ��
�p�p,�`�� ° ' �,�, \,��
..
. ..
' CO}YCRSI'B RDA \��` \��,
DlONUAlBMf �
5/8° IRS IIITX CAP \�•
STAMPED '7NP'�
�
STATE OF TEXAS ��"
VOL. 1048, PG. 196 �° \
ti^ � �
R.P.R.D.C.T. '
(CAL�ED 6.724 � �
ACRE TRACT) �
/
/
/
CONCRS7B RON
dlONUMENT
� _" --
S/8" ClRR
'CART6R&BURGls,SS"
EXHIBIT "B"
�'o �
29��y
t
4��'�Q�A
CONCRIsTS FOII
MONiJMENT �p�a�
CAt
1
\`. \� s/a' rxs mTx caP
a
�� � S7'AMP,BD "TNP"
� .
.
. �
♦ �
. .
� �'
\ tr ��
'14j °�°,�, ��
\ �
�
. f � � . �•
KIM PROPERTY REVOCABLE UVING TRUST
DQC. NO. 2006-32710
R.P.R.D.C.T.
(fRACT 1)
N 68'33�49" W - 579.96'
EDWARD F. WOLSKI
DOC. NO. 2Q05-16351
R.P.R.D.C.T.
(CALLED 111.64 ACRE TRACT)
UNE BEARIPlG DISTANCE
L1 N 88'33'49" W 49.27'
l2 N 42'06'15" E 42.03'
L3 N 87'O6'44" E 46.54'
L4 N 87'06'44" E 52.75
uorFS:
1. Thls ExhlbR was prepared with beneftl oi that cerisln 718e Cortunifinent, GF Na
111784, havtrsg en e{fecflve date of August 18, 2013, provlded by Title Resources
Guaranry Compeny.
�
20� iNDE R-O-W AGRff+kENT FOR
D£LNl GAS PfP£GlNf CORP.
VOL. 68.5, PC. 443
AND
20' WIDE £SMT. FOR D£LHf CAS
PIPfLlNE CORP.
VOL. 1006, PC. 613
o.R.n.c. r.
AAfD
20' E5MT. FOR R-O-w ASSIGNED
TO LONE STAR CAS CdMPANY
dOC NO. 95-16944
(IOa dc fOf)
` \ �� �\
.
�•
\ �c � �� � �� CONCR6TE ROA
ps, � �BfONIlAlEMf
\N� �� � qI
�fi � �0O �� �
� f � �.
� � � �
'3� � �.\ ��\
, � �
. .
� � �.
5�B" IRS ifITX CAP
STAAlPBD "TNP"
�
�
�
�'��` �
..�:1
1
0 60' 100r
2 The to[lowtng items from Schedule B of sa6d TiBe Commltrnent do not affed thEe hac�
(10e) Vol�nte 685, Paga 443
��or� vo� �oos, Page 613. ��Bd � cc �ss-ROO�s9aa. SCALE: f= 100'
3. Beattngs ere based on tlte Texas State Wene Coocidinate System. NorUt Central
Zone (NAD83).
Dec. 12, 2012
REVISED: Oct. 11, 2013
(Addressed Schedule B Items)
Sep .20. 2012 — Field
T.B.P.L.S. Firm 10011601
��P,;�G � S 7 FqF; :; �' ��
�i: �- � ° ' �s
.............................
iQDD B. iURNER
.. v ..................... y.
' .0 4859 P ,.'
�� '�°.�'ess�o?°�e-�
\1a'9Ai., ..... •_�-1 �//
� \ � t 6/B G7RF
� CARTfiRdrBURCSSS'
� � � POINT OF
� �
♦ S, �
' � 'pi• `� COMMENCING
�` �
_ � � �
N 88°83'49" W ��`.�`.
114.81' ��` ���
POINT OF ���
BEGINNING �
0.8052 ACRES
Situoted in the
Daniel D. Culp Survey, Abstract 287
City of Denton
Denton County, Texas
,lOB N0. OME13222 SHEET 2 OF 2
;� :
,�:�`i �;�
teague nall � perkins
( �sva�.e�.o�+.wsan.rlo
Dwbw Tms 76103
4w.sawns ph v.aausose n�
wn.w.6�E�s.eo�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0202, Version: 1
AGENDA INFORMATION SHEET
DEPARTMENT: Denton Municipal Electric
ACM:
DATE:
Howard Martin, 349-8232
June 17, 2014
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to accept a counteroffer from
Stuart Property Trust and Edward F. Wolski for the purchase by the City of an Electric Utility Easement
encumbering a 1.175 acre tract of land and a Temporary construction easement encumbering a 0.562 acre tract
of land both being generally situated in the S. McCracken Survey, Abstract No. 817, City of Denton, Denton
County, Texas, for the public use of expansion, construction, operation, maintenance, augmentation, and
improvement of electric transmission and distribution lines, facilities, structures, and substations and the
purpose of access, staging of materials and equipment, construction and grading activities relating to the
expansion construction, maintenance, augmentation, operation and improvement of electric transmission and
distribution lines, facilities, and structures, respectively, for the purchase price of Two Hundred Twenty One
Thousand Five Hundred Twenty Seven Dollars and Twenty Six Cents ($221,527.26); authorizing the
expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric 69kV Spencer to
Denton North Interchange Transmission Line Upgrade Project: C9 - Stuart Property Trust, Sherman County
Inc., a Nevada Corporation, as Trustee and Edward F. Wolski, a married man)
BACKGROUND
Offers have been made to the property owner on April 17, 2013, and July l, 2013 to purchase the captioned
land rights in accordance with Ordinance 2013-094.
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.
ESTIMATED SCHEDULE OF PROJECT
Winter 2014 - Spring 2015
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0202, Version: 1
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council Public Hearing November 15, 2011 (Route Approvals)
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by
Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas
(ERCO'1�. The purchase price of $221,52726 plus closing costs as prescribed in the Agreement are to be funded tY�rough these
funding sources.
BID INFORMATION
N/A
EXHIBITS
1. Location Map
2. Ordinance
Respectfully submitted,
Phil Williams,
General Manager
Denton Municipal Electric
Prepared by:
Pamela England,
Real Estate Specialist
Engineering Services
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
LOCATION MAP
N Denton Municipal Electric Proposed Acquisition
Edward Wolski (Stuart Property Trust) - C9 �.,,,- �
�>�
150 0 75 150 300 FEET ►" '"�
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ACCEPT A COUNTEROFFER FROM STUART
PROPERTY TRUST AND EDWARD F. WOLSKI FOR THE PURCHASE BY THE CITY OF
AN ELECTRIC UTILITY EASEMENT ENCUMBERING A 1.175 ACRE TRACT OF LAND
AND A TEMPOR.ARY CONSTRUCTION EASEMENT ENCUMBERING A 0.562 ACRE
TR.ACT OF LAND BOTH BEING GENERALLY SITUATED IN THE S. MCCRACKEN
SURVEY, ABSTRACT NO. 817, CITY OF DENTON, DENTON COUNTY, TEXAS FOR
THE PUBLIC USE OF EXPANSION, CONSTRUCTION, OPERATION, MAINTENANCE,
AUGMENTATION, AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND
DISTRIBUTION LINES, FACILITIES, STRUCTURES, AND SUBSTATIONS AND THE
PURPOSE OF ACCESS, STAGING OF MATERIALS AND EQUIPMENT,
CONSTRUCTION AND GRADING ACTIVITIES RELATING TO THE EXPANSION,
CONSTRUCTION, MAINTENANCE, AUGMENTATION, OPERATION AND
IMPROVEMENT OF ELECTRIC TRANSMISSION AND DISTRIBUTION LINES,
FACILITIES AND STRUCTURES, RESPECTIVELY, FOR THE PRICE OF TWO
HUNDRED TWENTY-ONE THOUSAND, FIVE HUNDRED TWENTY-SEVEN DOLLARS
AND 26/100 ($221,527.26); AUTHORIZING THE EXPENDITURE OF FUNDS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas ("City") has approved plans
for the construction of multiple electric transmission line and substation projects ("DME
Expansion Projects");
WHEREAS, the DME Expansion Projects serve the public interest of the citizens of the
City by continuing to provide reliable electric service through electric utility infrastructure
expansion and improvements;
WHEREAS, numerous real property interests need to be acquired by the City to construct
the DME Expansion Projects;
WHEREAS, the City needs to acquire a 1.175 acre electric utility easement and a 0.562
acre temporary construction easement on property owned by Stuart Property Trust and Edward
F. Wolski ("Owners") for the DME Expansion Projects ("Property Interests"); the Property
Interests are generally situated in the S. McCracken Survey, Abstract No. 817, City of Denton,
Denton County, Texas, and is more fully described in Exhibits A-1 and A-2 and shown on
Exhibits B-1 and B-2 all of which are exhibits to the Easement Purchase Agreement;
WHEREAS, the Property Interests are to be used for the public use of expansion,
construction, operation, maintenance, augmentation, and improvement of electric transmission
and distribution lines, facilities, structures, and substations;
WHEREAS, the City made both an Initial Offer and Final Offer to the Owners to
purchase the Property Interests;
WHEREAS, the Owners have made a counteroffer to the Final Offer of City;
WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best
interest to agree to it; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance
are incorporated by reference.
SECTION 2. The City Council finds that:
a. The DME Expansion Projects serve the public interest of the citizens of
the City by continuing to provide reliable electric service through electric utility
infrastructure expansion and improvements; and
b. The acquisition of the Property Interests is necessary for the public use of
expansion, construction, operation, maintenance, augmentation, and improvement of
electric transmission and distribution lines, facilities, structures, and substations as
required by the DME Expansion Projects.
SECTION 3. The City Manager, or his designee, is authorized to accept the Owners'
counteroffer to sell the Property Interests for the purchase price of Two Hundred Twenty-One
Thousand, Five Hundred Twenty Seven dollars and 26/100 ($221,527.26).
SECTION 4. The City Manager, or his designee, is authorized to (a) execute (i) the
Easement Purchase Agreement, by and between the City and Owners, in the form attached as
Attachment l; and (ii) any other documents necessary for closing the transaction contemplated
by the Easement Purchase Agreement; and (b) to make expenditures in accordance with the
terms of the Easement Purchase Agreement.
SECTION 5. It is the intention of the City Council of the City of Denton, Texas, that if
any phrase, sentence, section, or paragraph of this ordinance shall be declared unconstitutional or
otherwise invalid by iinal judgment of a court of competent jurisdiction such unconstitutionality
or invalidity shall not affect any of the remainder of this ordinance since the same would have
been enacted by the City Council without the incorporation of the unconstitutional or invalid
phrase, sentence, section or paragraph.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
CHRIS WATTS, MAYOR
2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Easement Purchase Agreement
NOTICE
YOU, AS OWNER OF THE EASEMENT LANDS (AS DEFINED BELQW), HAVE THE
RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY
OF DENTON'S ACQUISITION OF THE EASEMENT WITH OTHERS; OR (2) KEEP
THF, OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER 552, G4VERNMENT CODE.
THIS EASEMENT PURCHASE AGREEMENT ("Agreement") is dated
, 2014, betw en STUART PROPERTY TRUST, �����1
� �1 �
�, as Trustee, and EDWARD F. WOLSKI, a married man,
as his separate property (the "Owner"), and the City of Denton, Texas ("City").
WITN�SSETH:
� �
WHEREAS, STUART PROPERTY TRUST, , ., �I���
C� , as Trustee, and EDWARD F. WOLSKI, a married man, as his separate property
and not being his homestead, is the Owner of a tract of land (the "Land") in the S. McCracken
Survey, Abstract Number 817, Denton County, Texas being affected by the public improvement
Project called the Spencer Transmission Line Project ("Project"); and
WHEREAS, City is in need of certain easements in, along, over, upon, under and across the
tract of land described above related to the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary easements for the Project;
1
NOW, THF,REFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
At Closing, the Owner shall grant, execute, and deliver to the City both permanent and
temporary construction easements, the scope, location and duration of which are described and
shall be memorialized in an Electric Utility Easement (herein, the "Easement"), 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 Easement shall grant,
sell and convey a permanent easement in, along, over, upon, under and across the tract of land
being described in the Exhibit "A-1" and depicted in Exhibit "B-1" attached to the Easement,
respectively, and a temporary construction easement in, along, over, upon, under and across the
tract of land being described in Exhibit "A-2" and depicted in Exhibit "B-2" also attached to the
Easement. As stated in the Easement, the permanent easement shall be granted for electric utility
purposes, and the temporary construction easement shall be granted for construction purposes,
the purpose(s), scope and duration of which are further set forth and defined in the Easement.
The lands described and depicted in the Exhibits attached to the Easement are collectively
referred to herein as the "Easement Lands".
2. As consideration for the granting of the Easement and other damages (if any) and matters
described herein below, the City shall pay to Owner at Closing the collective, aggregate sum of
TWO HUNDRED TWENTY-ONE THOUSAND, FIVE HUNDRED TWENTY-SEVEN and
26/100 DOLLARS ($221,527.26) as Total Monetary Compensation.
3. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all
compensation due Owner by City related to the Project and purchase of the Easement Lands,
including without limitation, the purchase price of the easements conveyed, any damage to or
z
diminution in the value of the remainder of Owner's property caused by, incident to, or related to
the Project, damage to and/or costs of repair, re�lacement and/or relocation of any
improvements, turf, landscape, vegetation, or any other structure or facility of any kind located
within the Easement Lands related to activities conducted pursuant to the Easement, interference
with Owner's activities on the Easement Lands or other property interests of Owner caused by or
related to the Project and/or activities related to the Easement, whether accruing now or
hereafter, and Owner hereby releases for itself, its heirs, devisees, successors and assigns, City,
its officers, employees, elected ofiicials, agents and contractors fi•om and against any and all
claims they may have now or in the future, related to the herein described matters, events and/or
damages.
4. The Closing (herein so called) shall occur in and through the office of Title Resources, 525
South Loop 288, Suite #125, Denton, Texas 76205 "Title Company"), with said Title Company
acting as escrow agent, on the date which is�days after the Effective Date, unless the Owner
and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). The Owner
shall convey the Easement free and clear of all debts, liens and encumbrances. The Owner shall
assist and support satisfaction of all closing requirements in relation to solicitation of release or
subordination of liens and encumbrances and other curative efforts affecting the Easement, if
necessary in the discretion of the City.
5. The s�ipulated Total Monetary Compensation amount shall be paid by the City at Closing to
the Owner through the Title Company. All other typical customary and standard closing costs
associated with this transaction shall be paid speciiically by the City, except for Owner's
attorney's fees, if any, which shall be paid by Owner.
K3
6. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of
this Agreement.
7. In the event Owner shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of such default and
opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity
or otherwise, including without limitation, the remedy of specific performance or termination of
this Agreement.
8. 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 date of execution of this Agreement by Owner to the date of Closing,
Owner shall not (i) convey or lease any interest in the Easement Lands; or (ii) enter into any
Agreement that will be binding upon the Easement Lands or upon the Owner with respect to the
Easement Lands after the date of Closing.
1 l. Any notices prescribed or allowed hereunder to Owner and/or City shall be in writing and,
except as otherwise provided herein, shall be delivered by telephonic facsimile, hand delivery or
4
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:
OWNER:
� � � � t� � �".
�� x, il �` ' ii �..
: _ , , ;�, �aF � .
� � ��V � �;
� � � � `` = �:..
Copies to:
For Owner:
��I �
. ��:r ' �' " +.� , .� ;,
,;
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For City:
Scott Hickey, Attorney at Law
Kelsey, Kelsey & Hickey, PLLC
P.O. Box 918
Denton, Texas 76202
Telecopy: (940) 387-9553
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.
13. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Easement.
14. Authority to take any actions that are to be, or may be, taken by Buyer under this
Agreement, including without limitation, adjustment of the Closing Date, are hereby delegated
by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, General
Manager, Electric Administration of Buyer, or his designee.
s
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity 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. If the Closing Date or day of performance of any act required or permitted hereunder falls on
a Saturday, Sunday or legal holiday, then the Closing Date or day of performance, as the case
may be, shall be the next following regular business day.
CITY OF DENTON, TEXAS
I:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: , 2014
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
Date:
2014
APPROVED AS TO LEGAL FORM:
K�elsey Kelsey & Hickev. PLLC
R��..,a�u���y
- � : ..
... � ��_ _�
•,. R_•R , ; <• , � 1•� ��
� ' � � .
� � , . t1
�. - � ` � .
�
Owner: � � � �
, •�
� '�, as Trustee of the
STUA P OPERTY T �1S
By:
Capacity: � �� i
Date: � , 2014
�,,.�
EDWARD F. WOLSKI,
a married man, as his separate property
Date: � � , 2014
Addendum to
Easement Purchase Agreement
This Addendum to Easement Purchase Agreement is made herein as an amendment to certain
terms of the Easement Purchase Agreement set forth above.
NOW, THEREFORE, Owner and City hereby agree as follows:
A. Randall Smith shall be paid a 6% commission on the sale of the Easement Lands described
herein, payable by Owner from Owner's proceeds.
B. Owner and City further agree that the Easement Lands are being GRANTED, SOLD and
CONVEYED in lieu of the condemnation process threatened, pending, or authorized by law,
by City.
: Owner : City
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended
from time to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources
Attn: Virginia Kubiak
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381-1006
Telecopy: (940) 898-0121
:
Printed Name:
Title:
Contract receipt date: , 2014
E3
EXHIBIT "A" -1
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING a 1.175 acre tract of land situated in the S. McCracken Survey, Abstract No. 817, Denton County, Texas,
and being part of that certain tract of land described in a Deed to Edward F. Wolski, as recorded in Document
Number 2005-66783, Real Property Records of Denton County, Texas, and being more particularly described as
follows:
BEGINNING at a PK Nail found for corner at the intersection of the approximate centerline of Stuart Road with the
Northerly line of State Highway Loop 288 (a variable width right-of-way), said point being the most Westerly
Sauthwest corner of the above cited Wolski tract;
THENCE North 01° 06' 14" East departing the Northerly line of said State Highway Loop 288, and along the
approximate centerline of said Stuart Road and the East line of a 30 foot wide right-of-way described in Volume
4359, Page 1323 of the Real Property Records of Denton Counry, Texas, for a distance of 34.67 feet to a point
corner;
THENCE South 89° 29' 12" East departing the approximate centerline of said Stuart Road, for a distance of 7Q0.03
feet ta a point for comer in the East line of said Wolski tract, said point aiso being in the West line of 90 foot wide
right-of-way dedication as shown on the Final Plat of Qenton Early Chiidhood Center, an Addition to the City of
Denton, Texas, as recorded in Document Number 2010-113 of Plat Records of Denton County, Texas;
THENCE South 01° 14' 22" West along the East line of said Wolski tract and the West line said 90 foot wide
right-of-way dedication, passing a 5/S inch iron rod with cap stamped "TNP" set for reference at the centerline of the
proposed power line at a distance of 37.50 feet, and continuing along said line for a totai distance af 75.00 feet to a
point for corner, from which a 1/2 inch iron rod found for the Southeast corner of said Wolski tract bears South 01 °
14' 22" West, a distance of 10.00 feet;
THENCE North 89° 29' 12" West departing the East line of said Wolski tract, for a distance of 646.73 feet to a point
for corner in the Northerly line of said State Highway Loop 288, from which a concrete monument found at an angle
point in the Northerly line of said State Highway Loop 288 bears South 44° 14' 18" East, a distance of 14.08 feet;
THENCE North 44° 14' 18" West along the Northerly line of said State Highway Loop 288, passing a 5/8 inch iron
rod with cap stamped "TNP" set for reference at the centerline of the proposed power line at a distance of 52.80 feet,
and continuing along said line for a total distance of 56.72 feet to a PK Nail found for corner at an angle point;
THENCE North 89° 16' 12" West along the Northerly line of said State Highway Loop 288, for a distance of 12.78
feet to the POINT OF BEGINNING, and containing 1.175 acres of tand, more or less.
% . � /
/ � .�___.�__
T d B. Turner, R.P.L.S.
January 23, 2013
January 22, 2013 — Field
Revised: October 10, 2013
T.B.P.L.S. Firm No. 10011601
�;�P:�"�� sT eRF :+��
G
vi: Q" '� ° :�iP
.. : ..:...
...................
TODp $. 'RJRNER
�.ya�����u��w�uu����y•
�-u 4859 � :
`� �t�D�FES'5�0��•'�O�"
`�-._`�a� s uRV� �
SNEET 1 OF 2
W
ti Z
� �
W �� W
z
�j } � W J
J � W O �.: %'
w o � a � }
�i w
� z � o �- `'' ,�
� � m c> W Z �
0
°z a z � � � N �
o�� F�c..`� w� a w�
z r- w o W; ( � �
a w � Z � �
z � Z N � � ! I
� Q�� g J ( I I �
J � � � � I (
z �
U U �
� ° � � ° � I
d ■ � O � ; ( ( �
��
m
H-
m
�
W
Y �
�
��
3`��
� c.'
ii. Ci G;
G �
a �° a:
tti �
� o
�� �
�� `p0
0
�V��
����2
Q �
(���) �
✓R�), �
V't^ p�
(�����
\%
V C'
LYM OM
a�z i I � i
oac'°� Wo�
JWQ4(.> ONp
m�0 0� I 3za
rzoZO- �ci
00=0 � bo
U p , a'
z (
W �= 0'S£
N � I �
4 4
W
(/7 Q I
oa
W
aN �
�
� m
I
I
�
I
F- (
Z M
w
�rn
�Mr
QIU�
WN�
� �d
J
{-Z�-'
� U
� O
�
� I
— � �
�l � o a d r� szsc �`ssEr 7on n� o a,os)
ado� l�enls _
M
d
0
0
ti
tV
a`�
O>
N
o>
�
�
Z�
�n
M
se
�0.
��
hW
a
��
a �i+
� °o
� o u
I � �
� o
� �U
' I/ i 1
j �
,S"LF ' ,S'L£ '
O�
' ' I �
� �
�'. I I �
C I
� .
� I r
� � �
� ' N
W � I �
(A
C� � Z
� I I
I �
; I M
� �
i �
�
�
� tV
UwU '��j
��a �
UW� �p
W � �
� a .- z
ww
I
� I
�
; � I
� (
! �
� �
� I
� �
U� / I
� l
/..� � �
¢
�z
Y �
a
(D
_ J
�"b�8<<���. o z �
�6�0� �po � Z o
b'A, /y �' Z ._. ¢
J z
�b`�/cy� QO., W a
.��,b m
� �
�
No
a�
�
��
� ~
J �
w
• m
Z�
■ �
N! '
w
z
Z J O
W W p r
Q � � U
W N
F'"°a
J W � n'
�=mz�
� O
�o
Na�
�
��
J
��
�� � ° m
�
��wa
�� � ���a
(��
i– M 0. vJ
W`O~ .
i U
N �NO�
Zza
�
O V I
�o
��
�
�
�
am
Y�
�Q
�
�, z
X m
�_
rN
w�
��
o�
-o U
a� L
N �
� O
'� Z
�
m �
N �
� y
C �
�
� �
m c�
c
W o
0
ZU
W
U_
Z �� OOON00
Qc0000��
�M�Od'�N
�
W S�' � W �i 4S
Zd'NNOOOON
� N N
���-�-�-��
wO�'•-
mdOO�d d�'�
Z(nln(nZ Z
JW N M d' t.() cD
J J_..1 _..l J J
r
Z
C �
{/� �G T w �
W/y� �W/� Z � � o �
i�Y♦ Y/ Q(n � Z}
y Q W Z 2 ty� F—
a W � � � � o
I- U O
H � �nag�>-z
� �
T• N w�Q�o
'" W m (.o p
J
W
� �
L r
Q� e, o
Q � M
� r E
� � n M v
a g�
� � P .c
O
�C �- � ~
�i _`o �` ;
� r• $ a 3
� �oM
w °
w P
M�
�
�
�
/� PS• • • ��
�v�: • : a' e • >by O
Q e W o
e Z o �
:Q' .� e � e7
4;`" e�torn �,:a
F- . �
OY ui : m ° � �:
. : '�Y W. �
�:`� %°�� p`O
�,l'.'�d' E�: Q���
6 °•., a • P
�5•. .��_�,
�
�
�
�
N
N
N
M
W
�
�
0
Z
m
0
�
N
�
0
N
�
w
w
_
�
-�
� �
�
J � � �
"Op�i.ls-
�' r � N � �
O Il � � O
�cv , � o�
ccri� �U o
� N � Q�
i-- �N�
m � N � {'.- �
�
'�o � c > -aty- �
O � �j � �-
F-���Qii
EXHIBIT "A" -2
LEGAL DESCRIPTION
35' TEMPORARY CONSTRUCTION EASEMENT
BEING a 0.562 acre tract of land situated in the S. McCracken Survey, Abstract No. 817, Denton County, Texas,
and being part of that certain tract of land described in a Deed to Edward F. Wolski, as recorded in Document
Number 2005-66783, Real Property Records of Qenton County, Texas, and being more particulariy described as
foliows:
BEGINNING at a point for comer in the approximate centerline of Stuart Road, and being in the East line of a 30 foot
wide right-of-way described in Volume 4359, Page 1323 of the Real Property Records of Denton County, Texas,
said point also being in the West line of the above cited Wolski tract, from which a PK nail found for the most
Westerly Southwest corner of said Wolski tract bears South 01 ° 06' 14' West a distance of 34.67 feet;
THENCE North 01 ° 06' 14" East along the approximate centerline of said Stuart Road and the West fine of said
Wolski tract, for a distance of 35.00 feet to a point for corner;
THENCE South 89° 29' 12" East departing the approximate centeriine of said Stuart Road and the West line of said
Wolski tract, for a distance of 700.11 feet to a point for corner in the East line of said Wo►ski tract and the West line
of Lot 1, Block A, per the Final Piat of Denton Early Childhood Center, an Addition to the City of Oenton, Texas, as
recorded in Document Number 2010-113 of the Plat Records of Denton County, Texas;
THENCE South 01 ° 14' 22" West along the East line of said Wolski tract and the West line of said Lot 1, Biock A, for
a distance of 35.00 feet to a point for corner in the West line of a 90 foot wide right-of-way dedication per said Finai
Piat of Denton Ea�ly Childhood Center, from which a 1/2 inch iron rod found for the 5outheast corner of said Wolski
tract bsars South 01 ° 14' 22" West a distance of 85.00 feet;
THENCE North 89° 29' 12" West departing the East line of said Woiski tract, and atong the North line of a proposed
75.00 foot wide electric easement, for a distance af 700.03 feet to the POINT OF BEGINNING and containing 0.562
acres of land, more or less.
� ' , � :'�(1`-t�---�....,�,....__.__
<_:
Todd B. Turner, R.P.L.S.
October 10, 2013
January 22, 2013 — Fieid
T.B.P.L.S. Firm 10011601
�' P:•'�t ST�'qF ,-f���
� ; �.� '�' ° ���r
..::.....................'s...
TOOD B. NRNQt
..v .....................y�..
�. �0 4859 � r'
C �:'•°'�ess�o;:���
�M� �SURVE�:
SHEET 1 OF 2
Z
� J
�
w � z
}W �
`��` ¢ �°'� a
W W� a W 3
� �mz c�o
o `�' z �
°z a o � � � �
O t- � � v� o 'x
� � a w a w �
~ � � Z ( I � (
o z a Z �
a �' � � � ' :
��0�'�� I
W J�� g o i I.
_� I �
Z �
J I
O �
V O � � O
�■po� III
N
m
�
0�
_
W
� M
�
J r"
3C°~'
.�c�
u�.o�
O �
� � �
V �
W d
\
�\� �
� ��o
�� �
�J �
!�� ���
��
�� �
�C�
U
� �
�� e�
� �
C�
Q r W M
-� Z I
�wUOC~>
O
m�0 O�
`-�zza
w
J
O p = O
U p
�
z '?
w
�rn
N � ~
C I U
w�o
tr- �
J Z a
f-- �
� U
iA p
�
(.c �� �o a d a eze� ��d '64£6 '70� it1'02/ ,oe)
ado� i�dnis
��b� Bb�L \ O�cy
O�b o d�
�y�
tiy�����b
oz
Z Z
Z
a. �
Ll.�
m
O r7
F�
� �
o°�
� N �
; od
pZa
a U
0
00
rn
�1
�
0
�
� $
.`'a W
U
I!a. o �
�
N
1 �U
II��
�
`` I i
(
(
I I
I I I
f I �
�
� I � `Yy'
^ ¢
I � N o
ti
I � O �
� . a
I ( °' Q �
� a
� � i� J �
� W
3 � m
I I�� _�
I H �.
� � �
I N
U�
� �
� � Iz
� �a
�� 1
��
I W�� :
� � v I
N
N O �
I � �a
z� �
I o0
��
¢ I�
W
z
� JO
W�a
W�o
a3'�ti
W N�
��0�
J W Od
�mz�
=�O
N � �
v
a�
C
(6
� M
�
mQ
� Z
�
��
x�
� O
~ N
a> _
��
o �
� U
� �
�
� Z
m
(� �
� N
. �
m.a"
CO
C
W�
O
Z U
F
H W � w �Q
W �v�iz�o��o�w
� o z W z� w Z
a� n j Y U� O
����o
� � � � � H �- Z
O" z W� Q � o
r O Q� � p
�
a
_
�`C =
` "s
a ;�„
�" �°ra E
�� °n " u
_ ° �
a o w .a
� � a c
i.' V .�°` n 3
�` a v 3
; F p .n
� P
a
�
�
�
�
= `'�`�
���y
`i-PS�� ' `y�
�l� e ° 1 � : • �d'y..Y
:�o :�e � �
I.��� >�>� �;�
�N o � N• �
�iU1 `eme � 4/e�
��;� i0 e O'Q
\b�� . o . e �P
� S•
N
N
N
M
W
�
�
�
Z
m
�
'.7
N
�
O
N
H
W
w
_
�
� O
� �
.� a.M��
�
2%`- � O
o��
i N , r
N
` O � O
� O z
t-- � N �
�
��N�
��'c�
1 �. 1°- n� `-�° "u.
ATTACHMENT 1
TO
EASEMENT PURCHASE AGREEMENT
NOTICF, nF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YQU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FQLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROP�RTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT, STUART PROPERTY TRUST, SHERMAN COLJNTY, INC., a Nevada Corporation,
as Trustee, and EDWARD F. WOLSKI, a married man, as his separate property and not being his
homestead (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 and a temporary construction easement (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 Denton
County, Texas, being approximately 1.175 acres and being more particularly described in Exhibit "A-
1" and illustrated in Exhibit `B-1", attached hereto and incorporated into 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 purposes 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. GRANTEE 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 �o
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.
For the same consideration GRANTOR does hereby grant, bargain, sell and convey unto
GRANTEE a temporary workspace or temporary construction easement (the "Temporary Construction
Easement") on, in, upon, under, over, through and across that certain real property situated in Denton
County, Texas, being approximately 0.562 acres and being more particularly described in Exhibit "A-
2" and illustrated in Exhibit `B-2" (the "TEMPORARY CONSTRUCTION EASEMENT
PROPERTY") for the use by GRANTEE, its agents, employees, contractors, subcontractors,
workmen, and representatives only in connection with and during the original construction of the
FACILITIES. GRANTEE, its agents, employees, contractors, subcontractors, workmen, and
representatives shall: 1) have the right of ingress, egress and regress in, along, upon, under and across
said TEMPORARY CONSTRUCTION EASEMENT PROPERTY for the purpose of access, staging
of materials and equipment, construction and grading activities or any part thereof, and; 2) without the
payment of additional consideration, have the right to clear and remove from the TEMPORARY
2
CONSTRUCTION EASEMENT PROPERTY such fences, signage, buildings, vegetation and trees
and other obstructions as may now be found therein. The Temporary Construction Easement shall
commence on the date of the "Contractor Notice to Proceed" to begin construction of the FACILITIES
and terminate two (2) years from such date of the "Contractor Notice to Proceed".
GRANTOR, for itself, its heirs, devisees, 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 hereof. Upon written consent of GRANTEE, such consent to be exercised
at the sole disct•etion 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.
GRANTEE, at GRANTEE' S sole cost and expense, shall have the right to trim or remove trees
as provided herein, together with the right to install gates in existing fences within such EASEMENT
PROPERTY.
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
("LINPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall not
3
construct, and GRANTEE shall have the right to prevent the construction of, LJNPERMITTED
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 rernove the same
and GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such removal.
The EASEMENT shall constitute a covenant running with the land and shall bind and inure to
the benefit of GRANTOR and GRANTEE, and its heirs, devisees, successors and assigns.
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.
WITNESS THE EXECUTION HEREOF on the day of , 2014.
GRANTOR:
SHERMAN COUNTY, INC.,
a Nevada Corporation, as Trustee of the
STUART PROPERTY TRUST
:
Capacity:
EDWARD F. WOLSKI,
a married man, as his separate property
�
State of Texas
County of
.
This instrument was acknowledged before me on this day of , 2014,
by as of SHERMAN COLTNTY, INC., a
Nevada Corporation, as Trustee of the Stuart Property Trust, a Texas trust on behalf of the said trust
and in the capacity therein stated.
State of Texas
County of
Notary Public, State of _
My Commission Expires:
r�
This instrument was acknowledged before me on this day of , 2014,
by EDWARD F. WOLSKI, a married man, as his separate property.
AFTER RECORDING RETURN TO:
Gity of Denton — Engineering Department
Real Estate and Capital Support
901-A Texas Street, 2°d Floor
Denton, Texas 76209
Attn: Paul Williamson
Notary Public, State of _
My Commission Expires:
5
EXHIBIT "A" -1
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING a 1.175 acre tract of land situated in the S. McCracken Survey, Abstract No. 817, Denton County, Texas,
and being part of that certain tract of land described in a Deed to Edward F. Woiski, as recorded in Document
Number 2005-66783, Reai Property Records of Denton County, Texas, and being more particulariy described as
follows:
BEGINNING at a PK Naii found for cqrner at the intersection of the approximate centerline of Stuart Road with the
Northeriy line of State Highway Loop 288 (a variable width right-of-way), said point being the most Westerly
Southwest corner of the above cited Wolski tract;
THENCE North 01° 06' 14" East departing the Northerly line of said State Highway L.00p 288, and along the
approximate centerline of said Stuart Road and the East line of a 30 foot wide right-of-way described in Volume
4359, Page 1323 of the Real Property Records of Denton County, Texas, for a distance of 34.67 feet to a point
corner;
THENCE South 89° 29' 12" East departing the approximate centerline of said Stuart Road, for a distance of 700.03
feet to a point for corner in the East line of said Wolski tract, said point aiso being in the West line of 90 foot wide
right-of-way dedication as shown on the Finai Plat of Denton Early Chiidhood Center, an Addition to the City of
Denton, Texas, as recorded in Document Number 2010-113 of Plat Records of Denton County, Texas;
THENCE South 01° 14' 22" West along the East line of said Wolski tract and the West line said 90 foot wide
right-of-way dedication, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at the centerline of the
proposed power line at a distance of 37.50 feet, and continuing along said line for a totai distance of 75.00 feet to a
point for comer, from which a 1/2 inch iron rod found for the Southeast corner of said Woiski tract bears South 01 °
14' 22" West, a distance of 10.00 feet;
THENCE North 89° 29' 12" West departing the East line of said Wolski tract, for a distance of 646.73 feet to a point
for corner in the Northeriy line of said State Highway Loop 288, from which a concrete monument found at an angle
point in the Northeriy line of said State Highway Loop 288 bears South 44° 14' 18" East, a distance of 14.08 feet;
THENCE North 44° 14' 18" West along the Northeriy line of said State Highway Loop 288, passing a 5/8 inch iron
rod with cap stamped "TNP" set for reference at the centeriine of the proposed power line at a distance of 52.80 feet,
and continuing along said line for a total distance of 56.72 feet to a PK Nail found for corner at an angie point;
THENCE North 89° 16' 12" West along the Northeriy line of said State Highway Loop 288, for a distance of 12.78
feet to the POINT OF BEGINNING, and containing 1.175 acres of land, more or less.
//f
f ' �',,�!'�`� .t.n.�-�.,---�..._..___� __
�.OF�, r
T d B. Turner, R.P.L.S. �.�.��sre,p :F
January 23, 2013 '� ��.� ,� Fo
January 22, 2013 — Field y��
...:...................,
Revised: October 10, 2013 TODd B. iURNER
T.B.P.L.S. Firm No. 10011601 """"""""""""
? .c 4859 _
�l
SHEET 1 OF 2
W
� z
� J
w h � W
z
c5 r v�, w �
J � W O �-: >'
w ° t" � 3
� w z cn a v�i
� _ � o � W �
� � m U W Z �
°z a z � � � ~
��
a � � � w � ° W �
a �
r�� W I I � �
0
a W � j � I
� � � � � `
w¢a z � � �
��°p or I I I (
� �
J�� � ' I
Z
o �
U U � � U ;
4■ B O� I I � �
�`
�
m
H
m
�
i,i.�
� M
�
� r
3t°�'
� c'
ti O �
C �
a �° a:
r.i °�
W �
�,,`' �
�t� °°
��n O
V�vn� �r�=�!
C/ �L
U
� �
�� o�
�n'on �
V�
�M Or�
Q�
Y�ZO V�H
�WUDU ocQVp
0
md0 0� � 3za
�zzpzo- I �c;
°°io 00
U � � �'
F I
z
W � I
�, a
a -�
w °�
c~ii a �
O �
U W
aN (
�
��
M
�
�
I
I
(
�
�
� �z'�
w p
�rn
N M h
aiti�
WN�
�`�a
� �a
FZ��
�v
�o
0
� �
Zl
U �
�m �
r 4 �
�a i �
� $
; a ;�.. � �
<� � w
a �
) J � K o �
� �v
, � �, ,
, I �
{ i
.0'S£ ,S'LF .S'LF
� rn
I ' � �
�
� � ( �
C I
� �
� N
_ _ �_
(i � o �r d b szs� �d `ssea ��on ;� o a ,osJ
ado� l�dnls _
M
0
0
0
n
W
CV
r
T
N
�
�
�
N � I �
� cv
W I ��
ro
� ( Z
1 � �
� •
I M
i ~
�
�
�
i�
F- �
C�ZU
W �
� g a �
UW� ap
W (n t``
J 'Q .-- 2
ww .
I
I �
; � (
� � �
f �
� (
1 � �
�
� ) �
�
U �
�
/��
��bg 8�l�'� j. O Z c�i
,b'�p� � o o.. � Z o
btiNd� Z Q
;� Z
'yyJ/d.O a W a
.��b m
��
�
No
a~
�
��
0 ~
J�
W
• m
� ¢
■ �
H '
W
z
Z JO
�wn
� ¢ o ,_
w'�i � U
N
F�'°ce
�WOn
F=mZ�
�OU
�O
Nao
�
v�
�J
��
—� � ` m
m
�mwn
�� 11 ���e
�!i M � a
z � ,_
�W N C�
Q � I
�a�
ZZ�
�� I�Q
�
�
�
m
a�
��
�Q
� Z
�
X �
N C
F- �
� N
w@
��
o��
�_
��
.� �
�, Z
m �
� Y
� N
c >,
�
� �
m �p
C
W '�
0
Z C�
W
U , _
Z r O o0 N 00
<LcDOpC7� I�
���0<t�N
�
W � � W � �
Z d'NN�CON
�" N N
Qo�-�-�-��
w ;- ;-
m o 0 0 � � �
zcncncnzz
w
N� d-�t0
J_1 J J J J J
Z
�
N � i W �
W W z � ; o �
V Q � Z � lIJ ~
Q W,+ � Y �� O
t- U O
� V � Q � � Z
LC
r � � g ¢ V O
'!° W m vi o
W
N
C
� �
L r
� ,� °m
�' � e°� w E
J d O CI �
w�c n � c
�v a
— x a .
o c �
� � �- y�
L" ti o%;
A, 1� p P 3
W � � M
' M
w °
�P
A�
y�
�
�
�
:��
'i.P'��� ' • `�O
/\�V�t„0 °.s Z ' • �dY '�'V>
• Q" . d' °e � i 7
L.. o t.�., ^�• itj N��
O:N� :ap'� N;�
. a <r w. tn
�j � eDo p�Q
��a . o . e �.�
S• ✓•'��•
N
N
N
M
w
�
O
O
Z
m
0
�
N
�
O
N
�
w
�.,
_
�
�
�
�.�„�, f
� �0 5
C � ���
�M-aow� �
J �.-- ��`' ;o �
oiio �0 3
�� N � � 0
� cc�'?m 'U o �
L. N � ('.'j z
C:.�;.,,,J �� o p cz. �
m "�N Nf-� B
� � .� a �
\` t°-� ��Qu `s
EXHIBIT "A" -2
LEGAL DESCRIPTION
35' TEMPORARY GONSTRUGTION EASEMENT
BEING a 0.562 acre tract of land situated in the S. McCracken Survey, Abstract No. 817, Denton County, Texas,
and being part of that certain tract of land described in a Deed to Edward F. Woiski, as recorded in Document
Number 2005-66783, Real Property Records of Denton County, Texas, and being more particularly described as
foliows:
BEGINNING at a point for corner in the approximate centerline of Stuart Road, and being in the East line of a 30 foot
wide right-of-way described in Volume 4359, Page 1323 of the Real Property Records of Denton County, Texas,
said point aiso being in the West iine of the above cited Wolski tract, from which a PK naii found for the most
Westerly Southwest comer of said Wolski tract bears South 01 ° 06' 14' West a distance of 34.67 feet;
THENCE North 01° 06' 14" East along the approximate centerline of said Stuart Road and the West line of said
Wolski tract, for a distance of 35.00 feet to a point for corner;
THENCE South 89° 29' 12" East departing the approximate centerline of said Stuart Road and the West line of said
Woiski tract, for a distance of 700.11 feet to a point for corner in the East line of said Wolski tract and the West line
of Lot 1, Biock A, per the Final Piat of Denton Early Childhood Center, an Addition to the City of Denton, Texas, as
recorded in Document Number 2010-113 of the Piat Records of Denton County, Texas;
THENCE South 01° 14' 22" West along the East line of said Wolski tract and the West line of said Lot 1, Block A, for
a distance of 35.00 feet to a point for corner in the West line of a 90 foot wide right-of-way dedication per said Final
Plat of Denton Eariy Chiidhood Center, from which a 1/2 inch iron rod found for ihe Southeast corner of said Wolski
tract bears South 01 ° 14' 22" West a distance of 85.00 feet;
THENCE North 89° 29' 12" West departing the East line of said Wolski tract, and along the North line of a proposed
75.00 foot wide e�ectric easement, for a distance of 700.03 feet to the POINT OF BEGINtJING and containing 0.562
acres of land, more ar less.
� � l�� � �..-�._._._._._.
C__
Todd B. Turner, R.P.L.S.
October 10, 2013
January 22, 2013 — Field
T.B.P.L.S. Firm 10011601
�.Ofi����
�L�Q.���\ST�qF-O 9
�'t o'F.
�: Q' '�' N
..........................ti..
TQQD B. TURNER
��y�»w..�� �.u����.�.. Y..
�..0 4859 F j'
\� �'�•°Fe s s � °?doQ`
'�� •SUR���
SHEET 1 OF 2
Z
F J
� w
w � z
}W �
J � � ~ Q
f
�'- W � a w #j
U � m W C> O
U Z �
z 0. O � � � �
� N � X
O��� a w a w�
�
o z° z� I I i i
z o � a ° ° I
w� o�' � � I �
c� a� u, o �
w � � Z � � ( :
J U U I
Q O \ 0 O
U ��� � I i.
d■o o � I I
N
m
�
m
�
Qr W �-
Y � W O
�wUOU
O
m00 O�
'-Z2Za
�w°
��=�0
U �
�
� M
�
J �
3 "° ''
� c'
ii o �
�
Q �' �.
%.� °�
W �
�
.�� �
�� �� o
� J
� ��
� v
,�
.s���2
U `v '
�� `���
\% �IUJl�
� CC .�
� �
v v
�' r�
z�
W p
� M H
ai�
W � a
� a
JZa
�_. �
� V
� O
�
�l ��o �+ d a szec �d `69£6 '70� iYt'O?l ,oe)
ado� i�dnls _ _
�iyb98�t�'� j.
,b'�'O 6 ��p-.
�b� oti �
J
�LbJ/���b
OZ
Z Z
Z
a�
W
m
O M
¢�
��
o�
� N �
3 ��
p Z a:
�O
�°
�1
i.
0
�
�:;-��,. g
Ltl
I� � �
�
� �U
I II ��
� II No
' i� � �
�
I I� � �
i
� ( ! � ■ m
II�� N�
�•.
� I � �
( �
i I � Z
� J'a
�� I
�
FN- M
� r .
w � U �
N
N O �
� Z oa
z� I
��o
��
Q I�
w
Z
i J �
W��
�aoti
a3�ti
W N�
�FO�
� W 6a
�=-mz�
� � O
N r �
v
a�
C
(0
� M
�
�Q
� Z
N
@ �
N �
~ N
w
N
o�
�
� �
��
�
Qz°
N
(� �
��
a
.�
m�'
�
�
� �
z V
U
Z1�0000�
Q cpO00o��
� d-��tnOnj
�r'7Mr700f��
�
�.,W3���
z d' d� N N� N
� N N � �'
W O O � '� 'd' c0
;- ;- � o�
m o 0 o O d' 00
Z Z (!7 (n Z Z
w
N � d- � (D
Z J J J J J J
�
F
N WzW �
���� �
� � NQ Z � � Q FW-
/ii` Q W �� 0 Z
v O Z F.w.. Z Z W Z
NWoa���o
��U�o
��,���rZ
y M F Z� q U O
0 Omui o
V
w
C
�1
i r
� °1 w
Q� > .
�c°� "w E
�f ° n" �
W o ° �
L % 0 L
Q m C
�i ~ °' �
�„ v° ° n 3
n � " ;
Qi ;o°M
' � M
� O
P
�
�
�
�
���
���il
<@',`,;
/ +PS• .•����
� ;� Ya> d�.�
:2O :�o �:j
lt�� ^� • tn ���
F- : pQ �/1: �
O: u� % oo <� w. V�
v�:� ;og o�0
`�b.� . F e e� �
� s'
N
N
N
M
Wc
G
O
�
Z
m
�
7
c�
L�
�
N
F-
W
W
T
�
//� T
J �
0' M � r'
� � � d
oiia
� N �
c O � O
�`_'oZ
_ �-.. ,'_'j N CA
m � N 2
� o�
� c� E
����tl
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
File #: ID 14-0222, Version: 1
DEPARTMENT:
CM/ ACM:
Date:
Airport
Jon Fortune
June 17, 2014
Legislation Text
Agenda Information Sheet
SUBJECT
Consider approval of a resolution approving and accepting a grant from the State of Texas, in an amount not to
exceed $7,000,000, for design and construction of a west side runway at Denton Enterprise Airport and
authorizing the City Manager, or his designee, to execute on behalf of the City of Denton all contracts,
agreements and documents associated with the implementation of the said grant; and providing for an effective
date.
BACKGROUND
Denton Enterprise Airport (DTO) Staff first requested a grant from the Texas Department of Transportation
Aviation Division (TxDOT Aviation) in May of 2011 for construction of a second runway located parallel to
the existing runway on the west side of the Airport. Over the past three (3) years, there have been many
meetings with the TxDOT Aviation Staff and additional information provided by DTO Staff to quantify the
need for a second runway. DTO is the eighth (8 �' ) busiest airport in the State of Texas based upon takoff and
landing of aircraft. The mix of aircraft from small, propeller training models to much faster corporate jets
makes a second runway an important safety issue regarding flight paths and operating speed on a single
runway.
TxDOT Aviation has now offered the City of Denton a grant to fund design and construction of a second
runway at DTO. The Grant offer is an amount of $6,980,000 with a cost sharing basis of 85% ($5,954,250)
from TxDOT Aviation and 15% ($1,025,750) local funding. If the City Council accepts the grant offer by
resolution, TxDOT Aviation Staff will present this project to the Texas Transportation Commission on August
28, 2014 for approval to schedule the project in two phases. First, an Obstruction Evaluation and Engineering
Design will be scheduled to begin in Fisca12015 (after October of 2014). Phase 2 will include construction and
is scheduled for Fisca12016 (Exhibit 2). Each phase of development will begin only after an Airport Project
Participation Agreement (APPA) is presented to the City Council for approval with specific information
regarding scope of work and cost. Following approval of each APPA, the City will be asked to submit the local
portion of funding to TxDOT Aviation.
As the engineering design moves forward for this project, the Airport may present to the City Council a
proposal to fund an additional portion of the construction at 100% local funding to increase the width of the
new runway from 4,500 feet X 75 feet to 5,000 feet X 100 feet. There may, also, be some adjustment to the
taxiway connections between the existing runway and the new runway. These features will be reviewed and
included in the proposed APPA for construction when it is presented to the City Council.
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0222, Version: 1
OPTIONS
Approve the resolution accepting the grant offer of decline the project by taking no action.
RECOMMENDATION
A second runway to provide improvement of operating safety and position the Airport to increase capacity for
business expansion is recommended by Staff and the Airport Advisory board.
ESTIMATED SCHEDULE OF PROJECT
Engineering design will be funded after October 2014 and construction will be funded after October 2015.
Engineering design may begin prior to October 2014 if the City Council approves a Professional Services
Agreement with an engineering firm to be presented for consideration in July 2014 to be funded from the
Airport Fund. Any expense associated with City funded engineering design will be refunded to the City based
upon an 85%/15% cost sharing when grant funds become available in Fisca12015.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Airport Advisory Board considered this grant offer at their meeting on June 1 l, 2014 and recommended
approval by a vote of 6 to 0.
FISCAL INFORMATION
The estimated amount of local funding for engineering and construction ($1,025,750) is proposed to be funded
through issuance of City of Denton Certificates of Obligation with debt services paid from the annual Airport
Fund Budget. Funding will not be proposed until an Airport Project Participation Agreement is presented to the
City Council beginning with the engineering design phase of the proposed grant.
EXHIBITS
Resolution to accept grant offer
Respectfully submitted:
Quentin Hix
Director of Aviation
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
RESOLUTION NO.
A RESOLUTION APPROVING AND ACCEPTING A GRANT FROM THE STATE OF
TEXAS, IN AN AMOUNT NOT TO EXCEED $7,000,000 FOR DESIGN AND
CONSTRUCTION OF A WEST SIDE RUNWAY AT DENTON ENTERPRISE AIRPORT
AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ON
BEHALF OF THE CITY OF DENTON ALL CONTRACTS, AGREEMENTS AND
DOCUMENTS ASSOCIATED WITH THE IMPLEMENTATION OF THE SAID GRANT;
AND PROVIDING FOR AN EFFECTNE DATE.
WHEREAS, the City of Denton, Texas intends to make certain improvements to the
Denton Enterprise Airport; and
WHEREAS, the project is described as design and construction of a new runway with
dimensions of at least 4,500 feet in length and 75 feet in width; and
WHEREAS, the City of Denton intends to request financial assistance from the Texas
Department of Transportation for these improvements; and
WHEREAS, the City of Denton will be responsible for 15% of the total project costs
currently estimated to be $7,000,000, of which $1,050,000 represents the 15% local share of
funding; and
WHEREAS, the City of Denton names the Texas Department of Transportation as its
agent for the purposes of applying for, receiving and disbursing all funds for these improvements
and for the administration of contracts necessary for the implementation of these improvements;
NOW, THEREFORE,
THE COUNCII, OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES:
SECTION l. The City of Denton hereby approves and accepts a grant from the State pf
Texas, in an amount not to exceed $7,000,000 for design and construction of a west side runway
at Denton Enterprise Airport and hereby authorizes and directs the City Manager, or his
designee, to execute on behalf of the City of Denton, all contracts, agreements and documents
associated with the implementation of the said grant.
SECTION 2. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
_.._ �---%f �� h
BY:
.
+�!
o �
� N
� O
Q �
�
O
CL
�
�
'�
E
C
�
�
�
�5 �S �7S
� O M '� a .'�,...
J N
O O O
� �
� N
:.i
�
LL
�
� � �
�
i � �
� ,�' $
i � �
�
1 �
� �
� N
� � �
� � �
t E„y
f , V]
� � �
� 4 �
� - W
�����.
� � �a
g �
o°� �
8 O
O O
O �r
� z a
� Z �
�g�
a � .`��
w' �`s
� .�
� W
�
�
Z Z
Z�
00
�
�
N
S
O
N
a
N
�
�
�
a
�
�
.-
�
N
�
� N
'_ �
X �
W N
�
�
.� � I
O �
0 0
a �
� �:
4
a �
c � —
F�
o a �a°i
� � LL
Q N
N �
� � �
� �; a�
r �
� �
� �
C
� d �
1 �
1+ O
1 H
� �
� � F
' � 4
� �
! �
� � J
� �
� � W
� � � ��
� � �
8� 8� 8 S� ol
O N O f� �L1 Q h O
�Nr��"�o�
.-
00000000�
O O O O O O O bp
O� O N��p S N O
°� � � "' �t' � e� o
� N� �o�
� N
ooSS���B
�����N�B
� M
r .
3 L
�e
E
� �
d �
� � 3 � F
�a� � �
�W� � �
aa� ���
� i
a � � � a
a a �, � Z
� � � �t i
� � � (
�
�
Z Z
O W
O
, ci
I �1
e
� o
; •�
� ^ E�
' x
A a
� ..� oc
'���
��
:�
; .�, � �
� � E
I � y �
C @T
� � V
i o `
� o�
i �
i •
I � � V
K
�
e
N
�
a
N
M
�
�
N
ON
�
�
a
�
'S
.-
d
$'
a
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0237, Version: 1
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
ACM:
AGENDA DATE
Bryan Langley
June 17, 2014
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for
Dry Auger Boring Services for the City of Denton; providing for the expenditure of funds therefor; and
providing an effective date (RFP 5419-awarded to Mabak Directional Drilling, Inc. in the not-to-exceed amount
of $3,616,897). The Public Utilities Board recommends approval (5-0).
RFP INFORMATION
The purpose of this RFP is to select a qualified directional boring contractor that will perform dry auger boring
for various City departments. Periodically there is a need to replace, relocate, and/or extend new and existing
utilities. Conflicts with roadways, right-of-ways, railways, or other utilities, can generate a need to bore
beneath these structures while at the same time, ensure that the proper specifications are met.
Section I of the pricing sheet for this RFP requires the contractor to provide all equipment and labor for boring
services pertaining to the Water Distribution Department with a bore pit up to 12' deep; however, it does not
include backfill and compaction of the bore pit. The Water Distribution Department will backfill and remediate
the site once the remainder of the work has been completed. Section II applies to Denton Municipal Electric,
and provides for a"turn-key" service, which means that the contractor shall provide all items necessary to
complete the bore, as well as the complete remediation of the jobsite once the bore has been completed.
Section III, takes into consideration that not all bores are shallow in depth, therefore, there is additional pricing
for pits that are in excess of 12' in depth. Section N contains the pricing for the different sizes of steel casing
necessary to support the soil once the bore has been completed so that the pipe or conduit can be installed.
Requests for Proposals were sent to 274 prospective suppliers of this item. In addition, specifications were
placed on the Materials Management website for prospective suppliers to download and advertised in the local
newspaper. One (1) proposal was received (Exhibit 2-Pricing Sheet). It should be noted that the City of Denton
conducted a solicitation for the same exact services 30 days prior to this solicitation and no responses were
received. Mabak Directional Drilling, Inc. has been the City's contractor for this service since 2008. A Best and
Final Offer (BAFO) was conducted which included a specification re-write splitting requirements for Water
Distribution and Denton Municipal Electric. This resulted in separate pricing for each department.
City of Denton Page 1 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0237, Version: 1
The proposal was evaluated based upon published criteria including price, project schedule, compliance with
specifications, and indicators of probable performance. Mabak Directional Boring, Inc. was determined to be
the best value for the City (Exhibit 1-Evaluation and BAFO Sheet).
Mabak Directional Drilling, Inc. is the City's current provider of this service and has a good track record with
the City on previous projects. The pricing quoted in this RFP represents a nominal price increase over the prior
bid that was awarded in 2008. The following is a purchase history for the previous contract which was for five
(5) years and totaled $1,425,231.
2008/09 - $454,686
2009/10 - $175,861
2010/11 - $134,518
2011/12 - $207,347
2012/13 - $452,816
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 9, 2014, the Public Utilities Board recommended approval to forward this item to the City Council for
consideration.
RECOMMENDATION
Approve a contract with Mabak Directional Drilling, Inc. in the three (3) year not-to-exceed amount of
$3,616,897. This amount is based on estimated annual quantities for all line items included in the RFP, but
quantities will vary depending on projects actually completed during the fiscal year.
PRINCIPAL PLACE OF BUSINESS
Mabak Directional Drilling, Inc.
Sanger, TX
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 services provided through this contract will be funded from project accounts on an as needed basis.
EXHIBITS
Exhibit 1: Evaluation/Best and Final Offer
Exhibit 2: Pricing Sheet
Exhibit 3; Public Utilities Board Draft Minutes
Exhibit 4: Ordinance
City of Denton Page 2 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0237, Version: 1
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
For information concerning this acquisition, contact: Mark Roudon at 349-7181.
City of Denton Page 3 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
N
00
3
Q
�
0
�
Z
0
Q
�
�
O
m
O1
a-I
�
N
V o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0...
� o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
d � N � m � � � n � m � v � m � m � m � m � m
� = m o n � n � � m � � w m � n o m v n o m �
a o N o m m m N m m m m m v v � v w � o �
N
�1 N
� l\ ry C
O rl r� N
^ � � w
HH
F-1 0 �
� � � � � � � � � � � � � � � � � � � � � � � � �
y.., � o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �n �n o 0 0 0 0 0
�' �- o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '. o o n n o 0 0 0 0 0
Q U (/1 �WjJ Ol fV Ol t+l Ol vl Ol I� Ol Ol Ol V Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol O vl vl I� vl � vl vl vl vl
vl O tD I� I� I� oJ I� O I� N oJ V oJ tD O O V tD O O oJ O V oJ I� t+l V I�
x a W LL N N N fv1 N fv1 N fv1 m m m m m m f+l V V V V ifl ifl ifl ifl N m m V f+l f+l
ei ei
� J � m
� 'c a
� _ � O ti
.� pl �. ua ua ua ua ua ua ua ua ua ua ua ua ua ua ua ua ua ua ua ua ua ua ��. ua ua ua ua ua ua ua ua ua ua
z~
Q a `o
� � o
- o
Q_ . . `V° m
� . . , o� , o� o�
m o� o� � � ' � m � o $ o `o
. � . o� o� o� o� � o� � o� � o� � o� �
J W �. o� o� � in � in � in � in � in � in � in � in � in �
� in � in m m
._ m m t0 U d d d d d d �
N� �� d � d d � d � d � d d d d d d _ _ _ v m
{)1 OOO : � � � � � � � � � � � � � � �o m o 0 0
� � � � � � � � � o 0 0 0
O Q _ _ _ _ _ _ _
� � � � � � � � �
- o � o
� �
LL � a � a � d � d � d � d d d
J - � .o � � in t '�o '�o
J y d d � d � � �
Q - � � m n ci ... ...
� - .. .. m
m m � � �
m
�
yi ��. �. �^ �. � � _ '^ = T�n = a n n
� _
z � _ � � � � � � � � �
� � � � � � � � _ d d
�
�
�
A =, '^ -- � � � � � � � � � � �° �°
= Q _ d a o 0 0 0
J U � � � � � � � � � ° c `o `o
U J - � � � � � � � � � � � o � `O `O `O `O
Z W � � � � � � � � � � � o 0 0 0 0 0
� .. � .. .. .. .. .. .. .. .. .. ..
.. � .. > > -o � -o � -o -o -o -o -o -o -o
C r W �g -o � -o 0 0 0 ° o ° -'o -'o -'o -'o
-o � � ° o ° o ° o ° o ° o � o � o � o � o � o 0 0 0
O u, N o ° o U U U U U U U U U U U U U U U U U U � d � �
o U o U
aZ F L L L L t t t t t t t t t d m — ¢ ¢ ¢ ¢ a`¢i a`¢i
' p a � y � y � y � y � y � y � y � y � y �, �, °' °' � � � � a a
�`u� w y y � � � � � � � � � ° a 'q 'q 'q 'q
y a U �� �' r o r o r o r o r o r o r o r o r o � a a t0 `0 Q Q
0 X � r O r O � � � � � � � � � � � � � � � � � � O O¢ Q Q Q Q W W
J W �. p � p � O O O� O lll lll LLl lll � �
u � (p _ _ _ _ _ _ _ � � � � O O
_ � � � � � � � � � � � � � � � � � � O O O O m m
� Z Z � � � � `O `O `O `O `O `O `O `O `O `O `O `O `O `O `O `O `O `O - `� - m m m m y y
O Z(� .. �O �O �O �O m m m m m m m m m m m m m m m m m m �- �- � O � � � � � U U
+F( I- - - - 4` �'�. � � � � O O
a W Q = _ _ - z'. >> a'S a m o 0 0 0 � �
� V V
� � � �
0 m W ��� � � � � � � � � � � � � � � � � � � � � � � J ' ~ ~ LL LL LL � � � � �
� uai � z !
�w Q
a `t r=- ... �_ �:
a a � W a
. o 0 0 0 0 0 0 0 0 0 0 0 0 0
. o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
,i�i - O -
W Z W Z
ik Q � Q <
� rv rv rv
v W W W
� � � � � � � � � � rv rv rv rv rv rv rv M M M
- ��:N K o1 .:�
00
c
.i
O
m
i
N
00
7
Q
�
0
O
Z
0
H
Q
�
J
�
W
0
LL
m
O1
a-I
�
N
0 0 0 0 0 0 0 0 0 0 0 0 0 0
d o 0 0 0 0 0 0 0 0 0 0 0 0 0
= o 0 0 0 0 0 0 0 0 0 0 0 0 0
a o 0 0 0 0 0 0 0 0 0 0 0 0 0
v � m� m � m � m � m o m �
'� � m � n d m v n d m � d d '
d m m m v v io v w in o in n n o
� N N O1
C
N
�
UT UT UT UT UT UT UT UT UT UT UT UT UT �/T
O O O O O O O O O O O O O J
O O O O O O O O O O O O O Q
V T T T T T T T T T T ifl f/1 F
oJ V oJ tD O O V tD O O oJ I� O
m m m m v v v v in in in io n 0
d m
_ �
a` vf
•� V
7 F
V
J
t/T t/T t/T t/T t/T t/T t/T t/T t/T t/T t/T t/T t/T W
�
� �
W ~
W ^ N N N N N
O � � � � � � � � � � � �
� � � _ — _ _ — _ — _ — _ — _
� 0 — — — — —
� U � — — — — —
N �
4r� Q � _ _ _ _ _ _ _ _ _ _ _ _
m � � - � _ - _ - � - � - �
� � 0 0 ° o o ° o ° o ° o ° o
L o U o o U o U o U
�a U U U U U
'� 3 .� �3 3 .� 3 .� �3 .� �3 .� �3
p�° o�° ° o° o�° o�° o�°
� .� _ _ _ _ _ _ _ _ _ _ _
� o . o . o . . o . o . o . o . o . o . o . o . o .
0 m �m �m � �m � �m �m �m �m �m �m �
a`r° �� �� � �N � �° �° �M �M �a �a �
0 � � � � � � � � � � � � �
�
� �
z a
z
a
u
w
�
C
3
u
0
�
�
c
w
E
>
m
a
v
v .�
� +�
Y v
v t
m �
� �
c =
'v 3
� �
� '�
v Q
a �,
i �
m �
� "
o °1
m .0
�, o
� .�
� a
a �
Y
v �
� E
c �
o �
c f0
v °1
p o
O �
T �
Y �
U v
v X
Y v
O �
�
� O
`v �
Y �
c �
v o
� :Y
a�
� �
a ro
d
� a`
d
� Q x c
O � d
� w
A =�+ N
Z O pp
� � �
00
C
.i
O
m
i
N
00
7
Q
�
0
i
O
�
Z
O
H
Q
�
J
a
>
W
0
LL
a
m
o,
�
v
�
�
Y
.�
�
N
N
�
i
V
O
O
a
�
�
T
�
v
O
W
�
�
7
Z
C
u
0
E
`w
H
C
W
�
?
m
a
T
N
°m
N
.Q
Y
m
C
O
0
O
U
Y
O
E
`v
C
N
�
T
m
a
�
�o o °
�oo
c o �
� �
�
T T T
�, � � �
a a a
o �n o
� N � �
�.. ��.. C C C
� a a a
qf m m m
�;aaa
�il � � �
d��� �o �o �o
..:....... > > >
C C C
�n � O O 0
N � �o �
N
� �r,
'r'"" FL+�I
� � L�
� U �
a � �
� U �
N
� � �
O � � �
a 'O � W
� x' U
O � � � �
U � ~ N � �� 1
'O p� p .� O V
a�"aUa E-� ✓�
�n O O 0
N � ~ � rl
EXHIBIT 2
RFP 5419 - Pricing sheet for Dry Auger Boring
VENDOR
Mabak Directional Drillin , Inc.
Sanger, TX
EST. ANNUAL
Item # QTV UOM Product Description Unit Price Extended Price
SECTION I- DFtY AUGEFt BQFtE ANNUAL PFtICING - INCLUDES ALL C4STS, LABOR, AND SUPPi.IES FtEQUIFtED PER !
THE SPECIFICATIONS EXCEPT STEEL CASINGS, FOFt BOFtES WITH PITS TO 12 FEET.
1 400 FT 6" Bore in Dirt with Conduit/Line(s) installed in Steel Casing" $ 259.00 $ 103,600.00
2 100 FT 6" Bore in Rock with ConduiULine(s) installed in Steel Casing" $ 202.00 $ 20,200.00
3 400 FT 8" Bore in Dirt with Conduit/Line(s) installed in Steel Casing" $ 269.00 $ 107,600.00
4 100 FT 8" Bore in Rock with ConduiULine(s) installed in Steel Casing" $ 373.00 $ 37,300.00
5 400 FT 10" Bore in Dirt with Conduit/Line(s) installed in Steel Casing" $ 279.00 $ 111,600.00
6 100 FT 10" Bore in Rock with ConduiULine(s) installed in Steel Casing" $ 375.00 $ 37,500.00
7 400 FT 12" Bore in Dirt with Conduit/Line(s) installed in Steel Casing" $ 289.00 $ 115,600.00
8 100 FT 12" Bore in Rock with ConduiULine(s) installed in Steel Casing" $ 377.00 $ 37,700.00
9 400 FT 14" Bore in Dirt with Conduit/Line(s) installed in Steel Casing" $ 309.00 $ 123,600.00
10 100 FT 14" Bore in Rock with ConduiULine(s) installed in Steel Casing" $ 379.00 $ 37,900.00
11 400 FT 16" Bore in Dirt with Conduit/Line(s) installed in Steel Casing" $ 329.00 $ 131,600.00
12 100 FT 16" Bore in Rock with ConduiULine(s) installed in Steel Casing" $ 384.00 $ 38,400.00
13 400 FT 18" Bore in Dirt with Conduit/Line(s) installed in Steel Casing" $ 349.00 $ 139,600.00
14 100 FT 18" Bore in Rock with ConduiULine(s) installed in Steel Casing" $ 389.00 $ 38,900.00
15 400 FT 20" Bore in Dirt with Conduit/Line(s) installed in Steel Casing" $ 369.00 $ 147,600.00
16 100 FT 20" Bore in Rock with ConduiULine(s) installed in Steel Casing" $ 409.00 $ 40,900.00
17 400 FT 24" Bore in Dirt with Conduit/Line(s) installed in Steel Casing" $ 409.00 $ 163,600.00
18 100 FT 24" Bore in Rock with ConduiULine(s) installed in Steel Casing" $ 449.00 $ 44,900.00
19 400 FT 30" Bore in Dirt with Conduit/Line(s) installed in Steel Casing" $ 469.00 $ 187,600.00
20 100 FT 30" Bore in Rock with ConduiULine(s) installed in Steel Casing" $ 509.00 $ 50,900.00
21 400 FT 36" Bore in Dirt with Conduit/Line(s) installed in Steel Casing" $ 509.00 $ 203,600.00
22 100 FT 36" Bore in Rock with ConduiULine(s) installed in Steel Casing" $ 589.00 $ 58,900.00
SECTIQN'il - ADDITIONAL PFtICING
23 FT Unit price for bores less than 50' in length $ per bore job $ 13,500.00
24 FT Unit price for bores greater than 200' in length $ per foot $ 45.00
25 FT Per linear foot adder to cut concrete Price shall include restoration of
concrete $ per linear ft. $ 15.75
26 FT Per linear foot adder to cut asphalt Price shall include restoration of
asphalt $ per linear ft. $ 17.75
27 FT DIRT BORE: Adder per foot for bore pits depth to 14' $ 285.00
28 FT DIRT BORE: Adder per foot for bore pits depth to 16' $ 315.00
29 FT DIRT BORE: Adder per foot for bore pits depth to 18' $ 375.00
30 FT DIRT BORE: Adder per foot for bore pits depth to 20' $ 435.00
31 FT ROCK BORE: Adder per foot for bore pits depth to 14' $ 345.00
32 FT ROCK BORE: Adder per foot for bore pits depth to 16' $ 375.00
33 FT ROCK BORE: Adder per foot for bore pits depth to 18' $ 495.00
34 FT ROCK BORE: Adder per foot for bore pits depth to 20' $ 615.00
EXHIBIT 2
RFP 5419 - Pricing sheet for Dry Auger Boring
EST. ANNUAL
Item # QTV UOM Product Description
35 EA ADDER: Backfill and compaction of bore pits - as requested
�
�
�
�
�
�
�
�
�
�
�
�
e
500
500
500
500
500
500
500
500
500
500
500
�
e
FT
FT
FT
FT
FT
FT
FT
FT
FT
FT
FT
EA
EA
6" Diameter steel casing with 0.2500" minimum thickness
8" Diameter steel casing with 0.2500" minimum thickness
10" Diameter steel casing with 0.2500"' minimum thickness
12" Diameter steel casing with 0.2500" minimum thickness
14" Diameter steel casing with 0.3125" minimum thickness
16" Diameter steel casing with 0.3125" minimum thickness
18" Diameter steel casing with 0.3125" minimum thickness
20" Diameter steel casing with 0.3750" minimum thickness
24" Diameter steel casing with 0.4375" minimum thickness
30" Diameter steel casing with 0.5000" minimum thickness
36" Diameter steel casing with 0.5625" minimum thickness
Performance Bond (100% of $150,000)
Payment Bond (100% of $150,000)
Number of days to deploy once request is submitted:
Payment Term Discounts
Payment terms for the City of Denton are typically 30 days. Please indicate the
additional discount extended to each monthly invoice that is paid within the time
period indicated below.
VENDOR
Mabak Directional Drilling, Inc.
Sanger, TX
Unit Price Extended Price
$ 5, 200.00
$
$
$
$
$
$
$
$
$
$
5
9.00 $
11.40 $
15.90 $
17.76 $
27.60 $
30.60 $
38.40 $
42.96 $
55.80 $
99.60 $
126.00 $
$
$
4, 500.00
5, 700.00
7, 950.00
8, 880.00
13,800.00
15,300.00
19,200.00
21,480.00
27,900.00
49,800.00
63,000.00
�
�
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Exhibit 3
DRAFT MINUTES
PUBLIC UTILITIES BOARD
June 9, 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, June 9, 2014 at 9:01 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, and Leonard Herring
Ex Officio Members: Howard Martin, ACM Utilities
Absent:
OPEN MEETING:
George Campbell City Manager, Barbara Russell and Lilia Bynum
CONSENT AGENDA:
3. Consider recommending approval of RFP No. 5419 to Mabak Directional Drilling, Inc. for
dry auger boring services to various City departments in the amount not to exceed
$3,616,897.00.
Board Member Herring asked why there were no bids for this item. Jim Coulter, Director
Water Utilities, talked about the specialized boring that this service provides. Chuck Springer,
Director of Finance, stated this item was sent out for bids, the first time there were no bidders,
the second time only one bidder. Staff has used this company for many years and is happy with
their service. Board Member Cheek added that not many companies have the specialized
equipment the City requires.
Board Member Cheek motioned to approve item 3 with the second by Board Member
Herring. The vote was 5-0 approved.
Adjournment 11:09 a.m.
EXHIBIT 4
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITNE PROPOSALS AND AWARDING A PUBLIC
WORKS CONTRACT FOR DRY AUGER BORING SERVICES FOR THE CITY OF DENTON;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTNE DATE (RFP 5419-AWARDED TO MABAK DIIZECTIONAL DRII,LING, INC. IN
THE NOT-TO-EXCEED AMOLTNT OF $3,616,897).
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
5419 Mabak Directional Drilling, Inc. $3,616,897
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 5419 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.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
___ _ ��/� ,,� �
BY:
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0238, Version: 1
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
ACM:
AGENDA DATE
Bryan Langley
June 17, 2014
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Three to the
contract between the City of Denton and FCS Construction, LLC for the excavation and construction of
Landfill Cells 4AB and 5; providing for the expenditure of funds therefor; and providing an effective date (RFP
5256-Change Order Number Three in the amount of $68,420 for a total contract amount not-to-exceed
$3,078,382.64). The Public Utilities Board recommends approval (5-0).
FILE INFORMATION
During the construction of the landfill automated wash facility, the landfill installed a wash water storage and
pumping system which collects the runoff water from the automated wash facility. The water is trucked to the
landfill and pumped into the Enhanced Leachate Recirculation (ELR) storage tanks for use as liquids injection
into the landfill. Phase 1 of this project which consists of constructing the fill station to collect the wash water
for delivery to the landfill is complete.
Change Order Number 3 of RFP 5256 is for the installation of approximately 1,8801inear feet of SDR17 HDPE
pressurized pipe in order to pipe water directly from the landfill wash facility to the storage tanks located on the
landfill cell site. This will eliminate the need to use a water truck to transport water. Currently, Solid Waste
crews haul approximately 16,000 gallons of water every other day which equates to approximately about four
(4) trips. The number of weekly trips varies with rain events and vehicle wash usage. The installation of the
waterline is also timely in that the line should be installed prior to construction of the landfill's Compressed
Natural Gas (CNG) fueling station since it will pass under areas which are proposed to be paved in the near
future.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSION
On June 9, 2014, the Public Utilities Board recommended approval to forward this item to the City Council for
consideration. The original contract for RFP 5256 in the amount of $2,917,242.90 was approved by the Public
Utilities Board on July 8, 2013, and by the City Council on July 16, 2013. Change Order One in the amount of
$43,381.74 and Change Order 2 in the amount of $49,338 were approved by the Material Managements
Department since they were both under the $50,000 approval threshold.
RECOMMENDATION
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0238, Version: 1
Approve Change Order Number Three in the amount of $68,420 for a total contract amount not-to-exceed
$3,078,382.64
PRINCIPAL PLACE OF BUSINESS
FCS Construction, LLC
Frisco, TX
ESTIMATED SCHEDULE OF PROJECT
This change order is estimated to be completed within 90 days of Notice to Proceed.
FISCAL INFORMATION
This change order will be funded from Solid Waste Bond Fund account 660072595.136030100. The
additional amount will be added to the existing Purchase Order # 164289.
EXHIBITS
Exhibit 1: Change Order Three
Exhibit 2: Public Utilities Board Draft Minutes
Exhibit 3: Ordinance
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
For information concerning this acquisition, contact: Vance Kemler at 349-8044
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
EXHIBIT 1
CHANGE ORDER
No. THREE
DATE OF 1SSUANCE 4/29 2014 EFFECTIVE DATE /29/2 14
�.....��.�, �.�. .m �,�o�r--a__._._..��...._.____.._� ....,._. �� .,�
WNER: Citv of Denton CONTRACTOR; F S 1 �
Contract: Landfill Cell 4A/B & S Construction Project: RFP No. 5�56
ENGINEER's Contract No. DENT13001 ENGINEER P Y Inc.
���.�a �� •�.�� . .......� ��:� . ....... ...... ���.�--,��. �� �>>��� �N������� �a,N����� a�w w w�����»���«�m� � ��, � �-���
You are directed to make the following changes in thc Contract Documents:
]. ]nstall 1,880 Linear Feet of 6-inch SDR17 HDPE pipe, fittings and boring under landfill roadway (ADD $68,420)
Reason for Chanee Order:
I, The landfill has an installed pumping system to deliver stormwater from the vehicle wash basin to the landfill ELR.
Phase I ofthis project is complete, with a fill station forthe landfill water truck. Phase !I is to connect to a pipe
stubout to deliver water direclly to the ELR tank(s) on the landfill, eliminating the need to use the water truck, This
change will install this pipeline.
This installation is timely in that the line should be installed prior to the proposed CNG fueling station being
constructed, as it passes under areas which are proposed to be paved.
Attachments: N!A
CHANGE 1N CONTR.ACT PRICE:
Original Contract Price
$ 2917.242.90
Net lncrease (Decrease) from previous Change Orders
No. 1&2 :
$ 92.719.74
Contract Price prior to this Change (hder;
$ 3.009.962.64
Net increase {decrease) of this Change Order:
$ 68,420
Contract Price with all approved Change Orders:
� 3.078.382.64 (+5.5%)
�,�'���5�^1�N��T�
�,
� � „����
�� �,���'� �' � �� � � ��::� � � .�_ ..
�,� ,� e , � �. ,
6,�C;���I� C:� �,r��rt�o�sru�^��� "+t�„a't�al�a�o�:�
���� �'�1���'��'l�4
APPROVED:
CHANGE IN CONTRACT TIMES:
� Original Contract Times:
Substantial Completion: 180 Calender D�s
Ready for final payment: 30 Calendar Davs
(days or dates)
Net change from previous Change Orders:
Substantial Completion: 47
Ready for final payment: 0
(days or dates)
Contract Times prior to lhis Change Order:
Substan�ial Completion: 227 Calendar Davs
Ready for finel payment:�l Calendar Davs
(days or dates)
Net increase (decrease) this Change Order:
Substantial Comp]edon: 9n
Ready for final payment: � 0�� �
i�Ys)
Contracl Times with all approved Change Orders:
Substantial Completion: 317 Calendar Davs
Ready for tinai payment: 30 Calendar Davs
(days or dates)
By:
OWNER (Authorized Signature}
Date:
ACCEPTED:
� ���"�,� � �"��C ��..�..
C"d��Tx����", ,4�'� ��u��a�r�xa�d �i�rda��►e�)
Date; "�� ��/_"�!
FJCDC 1910-8-B (1496 Edilion)
Prepered by the Engmeers Joint Contrect Documents Commiitce end endorsed by'[he Associaled General Contractors of Amenca and lhe Conswclivn
Spca{ications ]natiwte �'a�,�
�
.m�"� �����a �� �
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT 2
DRAFT MINUTES
PUBLIC UTILITIES BOARD
June 9, 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, June 9, 2014 at 9:01 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, and Leonard Herring
Ex Officio Members: Howard Martin, ACM Utilities
Absent:
OPEN MEETING:
George Campbell City Manager, Barbara Russell and Lilia Bynum
CONSENT AGENDA:
4. Consider recommending approval for a contract change order for the excavation and
construction of the Landfill Ce114AB & 5(RFP 5256) by FCS Construction, LLC of Dallas,
Texas in the amount of $68,420.
Board Member Gallivan motioned to approve item 4 with the second by Board Member
Robinson. The vote was 5-0 approved.
Adjournment 11:09 a.m.
EXHIBIT 3
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER
NUMBER THREE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND FCS
CONSTRUCTION, LLC FOR THE EXCAVATION AND CONSTRUCTION OF LANDFII,L
CELLS 4AB AND 5; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTNE DATE (RFP 5256-CHANGE ORDER NUMBER THREE IN THE
AMOUNT OF $68,420 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED
$3,078,382.64).
WHEREAS, on July 16, 2013 by Ordinance No. 2013-177, the City awarded apublic works
contract to FCS Construction, LLC, in the amount of $2,917,242.90 for the construction of Landfill
Cells 4AB and 5; and
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council that a change order be authorized to amend such contract agreement with respect to the
scope of work and an increase in the payment amount, and said change order fees under the proposed
contract are fair and reasonable and are consistent with and not higher than the recommended
practices and fees published by the professional associations applicable to the Provider's profession
and such fees do not exceed the maximum provided by law; NOW, THEREFORE,
THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Change Order Number One in the amount of Forty Three Thousand Three
Hundred Eighty One and 74/100 ($43,381.74) and Change Order Number Two in the amount of
Forty Nine Thousand Three Hundred Thirty Eight and 0/100 ($49,338) increasing the amount of the
contract between the City and FCS Construction, LLC, to $3,009,962.64 were approved previously
by staff.
SECTION 2. The Change Order Number Three, increasing the amount of the contract
between the City and FCS Construction, LLC, which is on file in the office of the Purchasing Agent,
in the amount of Sixty Eight Thousand Four Hundred Twenty and 0/100 ($68,420) Dollars, is hereby
approved and the expenditure of funds therefor is hereby authorized in accordance with said change
order. The total purchase order amount increases to $3,078,382.64.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
CHRIS WATTS, MAYOR
EXHIBIT 3
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
_.m ��'-�" ,%�'
BY:
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0239, Version: 1
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
ACM:
AGENDA DATE
Bryan Langley
June 17, 2014
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a contract for consulting
services related to the establishment of a regional Municipal Settings Designation for the City of Denton;
providing for the expenditure of funds therefor; and providing an effective date (RFQ 5513-awarded to Modern
Geosciences, LLC in the not-to-exceed amount of $185,100).
RFQ INFORMATION
In 2003, the 78th Texas Legislature passed a Municipal Setting Designation (MSD) law concerning regulatory
requirements for removing contaminants from groundwater. The law authorizes the Texas Commission on
Environmental Quality (TCEQ) to receive, process, and certify MSD applications for properties with certain
types of contaminated groundwater that are located within the corporate limits or extraterritorial jurisdictions of
municipalities.
Under standard TCEQ regulatory conditions, remediation of a site with potential shallow groundwater
contamination would generally (depending on groundwater "class") require the groundwater contaminants to be
remediated to drinking water protective concentrations levels (PCLs). The rationale behind this regulatory
requirement is that in the absence of prohibitive regulations, a person or persons could access this groundwater
and use it as a potable water source. The MSD law sets conditions for property "designations" that limit the
requirements for contaminated groundwater to be remediated to drinking water PCLs. By establishing a
restrictive mechanism prohibiting groundwater use, the MSD ensures that public health is protected and the
possibility of the designated groundwater being used for potable purposes is eliminated. Designating
groundwater in this manner allows the TCEQ to remove the requirement to remediate the groundwater at the
site to drinking water PCLs.
The City of Denton is seeking the services of a consulting firm to provide professional services needed to
establish a regional Municipal Settings Designation (MSD) for properties generally located in the Denton
downtown and Central Business District. The area is characterized by shallow groundwater depth which can
contribute to contamination which can create a development barrier for these areas. In this case, the MSD
would be an official state designation given to the property that certifies that designated groundwater at the
property is not used as potable water, and is prohibited from future use as potable water because that
groundwater is contaminated in excess of the applicable potable water protective concentration level. The
City of Denton Page 1 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0239, Version: 1
overall objective of this project is to minimize development and redevelopment barriers.
RFQ INFORMATION (CONTINUED)
Requests for Qualifications were sent to 2462 prospective firms. In addition, specifications were placed on the
Materials Management website for prospective suppliers to download and advertised in the local newspaper.
Five (5) qualification based proposals were received. The evaluation team reviewed and ranked the proposals in
accordance with the evaluation factors listed in the RFQ (Exhibit 1). Modern Geosciences, LLC was ranked as
the highest firm and the City elected to initiate negotiations for pricing in accordance with Texas Government
Code 2254. Acceptable pricing was received and agreement to the City's terms and conditions was achieved.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
July 9, 2013: An Assistant City Manager update outlining the concept of a regional MSD was provided to the
City Council Committee on the Environment. The Committee directed staff to present
the item to the City Council.
August 13, 2013 This item was presented to the City Council. Council directed staff to move forward with
seeking consulting services to establish a regional MSD.
October 13, 2013 Staff from the Economic Development Department presented the item to the Economic
Development Partnership Board. During the presentation, the Board asked staff to bring
back additional information. This information was provided by staff from the
Environmental Services Department on February 25, 2014. The Board recommended
approval.
RECOMMENDATION
Award a contract for consulting services related to the establishment of a regional Municipal Settings
Designation for the City of Denton to Modern Geosciences, LLC in the not-to-exceed amount of $185,100.
PRINCIPAL PLACE OF BUSINESS
Modern Geosciences, LLC
Colleyville, TX
ESTIMATED SCHEDULE OF PROJECT
Services to be performed will begin upon Council approval and will continue until the completion of the project
as defined in the Scope of Services. The anticipated timeframe for the completion of this project is estimated to
be 50 weeks. However, the timeline may be influenced by the review and approval time needed by the Texas
Commission on Environmental Quality (TCEQ).
FISCAL INFORMATION
City of Denton Page 2 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0239, Version: 1
This project will be funded from account# 300040444.165.40100. Requisition 119217 has been entered in the
Purchasing software system.
EXHIBITS
Exhibit 1: Evaluation/Ranking sheet
Exhibit 2: Contract
Exhibit 3: Ordinance
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
For information concerning this acquisition, contact: Kenneth Banks at 349-7165.
City of Denton Page 3 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
O
�
l�0
C
Y
i
f0
�
�
i
�
C
f�6
7
f0
�
W
� � � � � �
c �
u �
m
� � � �
W
H } } } }
� �fl �fl I� o� (p
bA
Y
N
.�
N
W -6
�
W �
ti
C bA
� w � w w
Y } .ti } }
M `° `° °� u' N
o �O
w in in in in
� > > > >
N � o� rn �n �
n
�
°� w w w w
� > > > >
� � � rn � � �
; w ^
c
w
�u
J y
C7
c
`w
�
� w w w w
� r r r r
N
O
V
H
�
o�° �
°a t
r � v
°u �N �o
.�
3 �j � �
3 �
Y � ° o
v o��° o��° 0 Y un
� N0 `
N r O_ �Ul
O t � Y
09 � fl- �
� � W � v �
o � 3 3 -o_ �o
N - �
v Y � O
3 °q � c 3 � on
o °1 'c o � �
v 3 �� o �`>
9 f0 a, a, '>
-6 E a a o �
a, c,� �, o > c
'° E Y Y'U" � Y vQi
c
� v o�. 0 v w
� a � '� v � ° �
� f0 � .v v �v � c� t
0 �
v y o -o -6 � ,., a
N � i� °- Q �o c� v`o
� 'v o ° v � o „ �
N 3 on °1 � f0 �
� �; � c p � c o-
•y -o v N � Q Y v
a � Y�� N � p U�
v a.� Y v� 3� a
� vx '= �
v � y N T� �Il
Qi � -6 w �
++ c�i � c- u ro i on ro
� � � � � v � v Y v
G v "- � v c "- -
o•� � � � v v �o � � �o
f0 � a o`o c o
� �� c:� °- � a�i a w c c� c
� r, � '� o � v � .o o � .o
•� Y��: o- 'v � E a a� a
� C v � .
� f6 ro � v Y fl- � 'c E E p E
{n � in vi �6 a w in � c� c� a c�
��m�"�.�"� ��� �,.�'1��..��
� ����°�°� ��° �����°��� �
EXHIBIT 2
,
�
� a
,�
,� ; � . � ; ;
� _: , ; �
: ,
� � ,.
� ; ,; ° °;; � . . �;
. � ;; _ �„
�T � � ��; � � �
� , , ,
S�fJP� �F SER.VI�ES
� ; , r
,r ; �;; . �!
°- ° _ „ _ �, : ° ;, t` � ;,; ,;: [
° s i, . , ; .r: , s,: , - ,
. [ f - " * ` -y� �
� �- �
! ! ' � *,
�'�-
� !�
�; ,� t
Y' + ' !
� € : a€� , s , ; ��
„�;
�,
�'
EXHIBIT 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day iirst above written.
ATTEST:
����������� � � y� .
� . � � ��������^��� �� L .
r
, �
d� � ��
�,
:� � �� � ���� �� �� ...
B� ,,s�'� ��� l�i).����'S�� SI� � e . .
� ° °��TURE
..�
TYPED NAME: Kenneth Tramm, PhD, PG, CHMM
TITLE: Principal
,
��' .........��� . k �.�. � �. '. .. . , .. ...
��
�,,�� �„
� ��
x�
I
� ��� � �- � � r a,
� ^
1�,,,,���i i ; . y;
�,;��;
A'I"I"EST:
JENNIFER WALTERS, CITY SECRETARY
:
APP'ROVED AS TO LEGAL FORM:
ANITA BURGESS, CII'Y ATTORNEY
e
. � ; .
ktramm(a),moderngeosciences.com
E-MAIL ADDRESS
CITY OF DENTON, TEXAS
A Texas Municipal Coiporation
i
GE4ItGE C. CAMP$ELL
CITY MANAG�R
EXHIBIT 2
�
���� ���.�"�������"' . �w ����, ��� �
. ���: ����� �. �� ����
�� . ��
��
:���,��.
EXHIBIT 2
������,,�
�� �� ���
�I �i� �' ������� IIII'� � � ii��� � �� ������ ����� IIII'� �� � �
�Y„q"�I.lqur9"�''ll�� I�'I'M'I�u�dl°4C��h�hPv�Hp!,4�'�`ON�Y.���IC�"�9�!".'Pb"P.�s
���'���� ���� ��.��p �.��II.�
��I��'"Ir"�7ga�?fi. �'�'����'�"����
����'uM� ra Elt�� �, �r�cka �A� P m C a CePm ,
ana$�r� at�ri�f ana��r�ent a� Purchasi��
City of ���ton
90Z T"exas 5tr�et
��nt�neTex�s 76209
m
� - f; r; ,:c' � �„
�,
�„
�r �„ �
� �i, „�;.,,
i; � �f F ; �- K [ k= � , � : �
i�: f ;;,f;'['i',u„' [',kr ", ,:x,�; �„�-' ' , - ,�y}j ��, � ;�- , „ `„ ;, - ,'.:r°i;;;€ 1=€,,,, ;;; ��- €j �_�; � � - ° _
,,;i�= ',,.i ,.,,€ -; ry;€ `„�� �,�'�' r1� p,a, ,;,�t „a,, ,;[,€ ; 1„"['; y ,';°;;l ',a „5,aa !,. ; `€;: :�'r;,�'[►;;,,
, , ;,.,'ii"i;;, ,;; �,i„ �,` ; ;, ` ,r,;.;; ;;, ;,� ' -,�' � ,. ,{�;,; „;;, ;;j;
`; „ , ,W„ �,a � ;, ;�i", ;i;;l(�� ;;;,
,,, ,a, ,- ,..,,";Ila,-,�;�i r;;rr;l'Ai, ;. ;a �_�,,:. ;�,�,,, ;€;;;. ;,r;,, ;;f�,
�I'>r1,�, '"i'I,`, ',I,�;a '/t;
i' �; * + '
,�,. ;�`;, �#=",1;� ,;� ,�,�i
>; f,€
a 1t f, i i �„
� # � ; 4 € ;� i -� [," , f; i=; ;, € a i4; i b `; � �; ; �_€
:f„�'" [ .,;,";€,rt',�-; ` f"' �``� f, i-�,.,, ,,, ,;;�;r„ ;f;-;f '� a�;"i„ ix €'„s' ;,.;; ;';;i,;;,^ i,;�:
� i„ �r„ , ` i;%", €"rF i;' ` �, `( y�,�, ;;YI,€ , s ;>,,-;- , ,,,,�;i;A; � ia�;fr,"l� ,.,; ,� ;,,+, rY€ €If ,,, ,;,,.:; , ��;
if 1;
���'����'�@'°" ��� �°�III�:������;��
TASK 1. �EtPELQP T�,R�Ei° AREAS
ih� City will ne�d t� d�fin� a tar��t ar�a wh��� an 5� ��t�ld b� adva�ta�e�us bas�d c�n the historlcal
�p�r�tions i� th� ar�a� k�c�wn �nviranrr�er�tal irnpaci� �nd th� n��d f�r supp�rt tc� �n��in� �c�nc�rr�i�
d�veloprr�ent usin� an S�, �e�ir�nin� with � lar��r �re� 'll allow r�fin�rn�nt to th� fi��l f��tprint �s th�
pra��ss ev�fv�sa
} ;� + , ;
f
„fi ¢ �
EXHIBIT 2
��r��� �
���iy �� "�„
�u +i ,
�"� � ,
�N�l� �e�� ���t I�P� � ��y� ��1� �;� 64 IIII�� ������ �i�� ������� � ��IR� �V��III� ����� II4°"� ���I�
�� r��n�.�������,P�,�tw����,s����,o,����,������a��an.�
.�� ... ,. . , . . � . .
�- , . . .-� . � �- ,�" . .�� - • ��«�• �� �� r � , , . �
� �� . ��. >, „ ���� .�� ,. �. -� « �^
F 4 ♦ i►f, ,,.1 ♦` � f f� ,� i. f ;:M, ��i. i 1 �� 1.,.:.
�, u,,
� * E t�
� • .�r .� � ��� .ar i � � � �. �'
�^ �r«+ ,� � �w-„ .E� r w c, ♦ . E,�� � �� �
M ! �" fi � � M 1� N�'4
i ` 1 � ! � i 4 " f ` ^ J K � " � ; � ^ f Ii� � I
f f/ f f:.. � I � f f � 1 r' �
� i M" i / !�, I i � * N 1 1
' 11 . .. /, (,' ` r 1.,.`�, ♦ ',. � f" .:, ( ;. � •:A i I/�� / / � /'fi1 R,'I /
� � ! ^ f r € �� . � � , e ^ � ► ' ' ' ' r� � r � � �� r � � � u r - ,� r w � ;�
� �r_' ^�r� , � ,,�
� 1' i i 1 � ' M ' 1 f � IM 4 E i I I •
� � f" f 1 1 U' . Ir / .�1 i�!-.
'� ":� i ,• .� 1 ... ., K�. .�1�;: f, � . ,. . li ' � •' �• 1 Y.:. • :, 4?4' ,
i II f f ^f �' i 1 ' 1 i�, A F
j'
� ' e I � ♦ •` � � { ♦ I � �� � M � � s � � � ���!` � ,� v � � �1 � •. � � 1.
�� f �1 i `� 1 �I �..�� � . � i "�?
1` � A/ f f i k; l' 'if �iM 41. i '��, ,� ��`
/ " f,'
. ';.. � � . ,,.
! i . :, ', , f � � ��." / !�. � ' f � f f. ,.,, 1 N f. ,.
' v � � � � ' � � h ♦ ...�. r . ..e. . I � � � 4 ��� a. ` � � . , � ` � � � ��' M � � .r � � ' �
f � 1 � 1 ' #., .., ` � M� i f ' M ' � �, , ,:1 . " � 1 ,.
♦f M f 1'� � 'i i �� �#j 1' �;
! `� f � � f F" i .! � . - � . � . ,f � � . , ,. , , , y .- . � ' . � 1 . � ��4 f ` r, 1 ` � .e •
f" f,.. 1 �. 1 * � �� i 1 1 4 i l..,�.
� � r �- iE �•'� � � 4 i � ��:
� �� f �►�, �� � - ��: �� �. ih � • � �
�:� .> �' ;' � 1. K i ♦• f,,. f f,� 1` i� f N".+ 4, .,.. �
���4 �U'�I�VJ��'U���L F��.�tII�.„ �l�Vlf'� aQ�7o �G�f�ILI�'�'VeQ�L� i���S I��3� I U' ���,2�3u���3 A GT ��2.���uA3�2
u���ab�r�s�� ��.a��s�a I �a�� �.�� za�z� I ���� �
�r��„� oa � � u� u� � ii: � ��c� o � � �¢; .� . �aa u�
EXHIBIT 2
������I �M1,µ ,
�� I
� !
��IIIIII�III�II� ��N� ���illUl��l���
����q���':II�� ����������������ii �����H�������
e�ti , an j s are any existin� ��vir� ental ata ihat can h�l inf�r t��nvaran��ntal �� �ta �s� for
th� S� ar�a,
�,. ,..�; . �-� , � � .� , �, « �,; � , , , , . � � ., �� �� ..
�� � � � ��
, I ,y. � »r 4�' rii. rt, w •,y� .��
. , y , � . �e - � . " i �, ai , �� -�-� . � 4�„�, w ; w , <.. � r;:-.�
, , . . � � � � � � . . . �, , ,.. � . . � w. ., , - ., � � .; . � �c�,
„ �
�, f .; " �I. � . �=r :�M� 2 � 4 �.^ �. ��; "w-
'� �,� #,., ,♦ � i�; `!, ' i�1, ,x '1' (
, 4 '! ,k," 1 � ,��,.�..
' � 1; ' ,.; f ` 1 1! `' ,. 1 ', ' Y � �, '� � ;�. �' �
��' � '�' , � � � ► � � _'
1 i" 1,#, 1, 1 ,M i�, K"
1 '; , , �% , �, , ; �, ; ' �'� � � , , ,�' 1, �, ' , �f,, ' � � �; ., , , �. � .. ;. ' ; '1 � � y ' , , � : � , .:. ; � � .� , , � . , ., ; :.
K n- "" ,�"� ,4,�,' _,�.�'., ,,,,, �4,-.,,;", , +,,',;Y , �,,,. �w .,, 1;' -,,��i`,��,. '' , 1��, ,
. ., �, � � +, . �
4 ,, ", � „ ., �. ;., ' f- L„" " , 1, , � 1; i �. ., .r ., ,r .. , , I,1 , I7 �. ; ' " � ��, ��, , ` " '�s
if, # •
'/,7i"" !,� 'w � �,'� ,F,' '4, «iM�, �� , �' ,�Y } "
'a �' ;�,�, � �'�.
'f,4- ',i''^4,,.;,;'«-�f; �; � '„�t���' .,',�,� �+,',,;��1 '.�I'W, ',��,,�,.� „ ,�.
iY� . � i" I; � , ( � � , 1; , 1, ! f
" ; 1; � �r, 1„ �T ., . , , , ,: � i , , - � , , , ,,. , „� , 1 " " .. � .
., ,,
�, ,� . , ; ,' n � k , f ; � t w f ' ' .,. y; ,, L , 1 ;*, , ; � , .. ..
A f;i � „!r ' �',. � ;nv ,' „�,' � ►, i. � �
k M�i"' ";r;^" #�"-� ,f ,t, 4 'f' 1,
�, , * w... � , ��: ; R .;� ,
1, � � � +%, ' 3 - , c ' � ,, � ! �1' #
�, ,f, � Y� ;�; �; 1„M
Y � � �} `� 1 1- ��
Y � I, 4 � w, 1, s, � 'f, M, �' � i' 1, �' , �
��4�a� �II���.XN,�'wV�V`a�N'tN.. N.AII..V LV.y ��:PW.Y� II U:: .N.0.udp YwW.,Y4..�u� P WYUU..14� ���:l00WU'V d�4N�°iIP ���d.:pL.iR.��.:Ne.L.�'�.7:Ndti u��4Td.�r.�rtf.;,tla��4.!
o�u�����:� ii�a.��su� � ��� ��, za�� p ���� �
4R8�d.�������w��..�.t�������.�CYY�
EXHIBIT 2
�m��`�'��'''�'"^�����
�
,��
�''� �� �'llu� ''� IIII'��� � '� IIP��Ii'� � ���� ������� IIII IIIII��� � '� �'�'�
�a�v�r� �u�ur��u���v�d��nsax�s
� r F
� �� -, ��. ��_ '�� ^- �..... �.. � , • ��� � - A ' �,� , •i ���^ � � �� * �
� r , :. w, � . �� ,.. .�� « �- .«
1 � � ;. ! ' !." 1� f�i 1 i ' �F � �' � � � f
i ";i � 1 ,A �' 'h � .;I,�i, � � i "��
,R I ,a r' • A' ,� i • �, " ,�!f �
�s- ` �'f 1"' :Ii, ,:�� . ;}�f'� ;,', •�' . ,♦��; . , `. ' , 1. '1, � 1� ., . -�,, ., .�...
�. ,. ., � 'RI� , °� i . ,.,,f, '1� 1 ,1 " .,, i' M a
a , : � ,,, . . �� , � , .� � � ; . �, ,� „
� .. ' 1-
# i � �w . ^ � � w • �� r , w �- . �� � � � u ' � �� c � �� �,
*�-� �1 ',��. �� ai, �t'n�#f �. .� � � r^ �
� � ��,
� � + , . , ; '. !� '�� r, ' � ' „ � ;�> � � ,. , , , � : . �� ��.: , ., y " � �, '� ., � � . , i. ' " ,� �. . �; + 5�
y, :;Y f 1; � f 1- � 4 � • . �, �;
� f M�f^ •'�Y, ! n, / 1 I 1
� � �: � �; �� : �i � �' ' , ��-. -. �. . . ,. �.rx " �.; •� �'�-�� +� ' �+�-�
' '� 1 1 ' � � ' 1 : , # N� :� , # / F ' ' 1 '; 1 f, 1��. � � "� �
i .. �-, , r , . ! ' a 1 �, ! , R � �' .
� ! ' �, ... , 1 . �"�f �: "' M .,. • i,. 1 / • ' I, . � i;. � 1, . �X • - �, , e � ! Y ., . ," + y '�Y 1 �':: ..",..
, � �, "� , * ♦ ' ' � + " ���.�. w.�.n " .�� �4.,. , ,+;r . ..! ! 'M N f! �" i, ,�i
�'; ' y `� 1 f " �:' ��� �:� ,i'� ,f' 1, �;.. ,,f � � � 4 ',� .
f ' ��; 1, ! Ij M� } �. � � � f ,
♦ �w
♦,A' ;li'�. i� �l�, � i/� �� •A ";A �1�1- 11�- l��,
r� � -� � a�, � 4�� . ��; ��M��. �.-�� � # �1 ��..,... . ��� ti �. � ��
'M . M ' � � 1 ". if " r � 4 ' X �
♦ �" 1 , �« � ^ 1 � ,!;' � , M " a A 1 I � �k ' " (. � i , 1r ; .
i'M * --M ' � f ( #
„+ # � �i �
,r,y� � �i^�-, �' r+�E r' •' '��' • ►-' �, ��
%��.F :��. �� � �- a��'•. �, ..♦ ♦ ♦.. �� �
i.' , f4 ♦�" ` � . -+f� . �. �t �i A ��,�, , "•, �� � f � !, �- • ^
�.9�A aV��1U���'6�9�V. �a'Vf�.➢ ��DP�IE �.�'7N ���IL�'��fBf�IL�'61E3(A�'����� Q � 6$�,2��,���3 � � ��2,2�3.�322
�uaazwasae p���79�8 � V��v ��, 20Il4 � IPa��� 4
�u.I��iq�I��I��lE�.S�VI�V��lE5a���9
EXHIBIT 2
�������.�,„�
�,, ,
��ti
� � � ���' � � ����� �� � �� � ������ � �, ������; ;��,
v��8!�'Y4:� IEpkVfUG�b6�dVAHU6Yfld�. d@Y.Dh68�
,�.�[f ������(���%����1���;�
,�;` -� €b'f'
Ji' ,r[ '=f� �_ �"
�,,,r , « ; �i€,-1;,s
� ' A;X,�=a[�i",! ' ";',; �7 �, i „a a ;iXi ; ;' ;i i . a'�a i;; ,; ,.a;-;,�;iii;; , ,;; ;, a �;_, ;,,[ ';, , [ a.,� ; ; 'i,x
'# '{% �f; �! l� ia; /� ',1- i`�'
;,iar,. ��` ;R = ', f �`;i";�,r,t ' �;`;`�=;+Y�IY['[,;'a„` a;, ,,,a€; � ;; „ . � ,
� �,
;r; �;,,
f,' €
�tfbtatah
T"�sk 2: ��u�l�p Pr�lirnir�ary Env�rc���e�t�� Kna�l�d��bas�
Car�sul�in� Lab�r
C��sul�fn� L�b�r -� ��ta R�vi��r/t���d�t�b�s� ��vel�pmen�
Hlst�ri��fR�saur��s�Fir�lnsuranc� apsf�rTar��t�r��)
Re�ul�t�ry R�s��rc�s (R��ulat�ry Llstin� R�s�arch)
t�JeII�IJ� R�cards (E�cfudln� N�tic� Addr�ss Dat�}
��r��ral 7'ask Exp�r�s�s
su���r�r;
,
�-
, ;�
;;; �; , ;
°f�sk 4a Updat�n� E��ir�r�rn�n�al K���I�d��b�s�
Car�s�ltfn� L�b�r
C�ns�altin� Lab�r -� Daf� R�vi�w�Geodat�b�se �ev�l�pr��nt
�dditional R��ul�i�ry Recc�rds (�CE� Fil� �s�s)
G�n�r�l T�sk Exp��s�s
5ubt�t�tr
$
$
$
$
$
�
$
a„ j€
x,, ;
, .;;�,;
°;�
� �
� �,
, : +�:
� �:
x�
,,,,.
� �
�`
µ ,�
�.�a� uu�u:s�u���u��. u�����a �u�ii�� �.��, ca��un�v�u�u�.� ����s ����a � � ��z,2z�,���� � � ��z„�.�,�.��z�
��a���� u�a����� I o��w ��„ z�.�.a p���� �
�a��al�i�I�I�U�V'��If;49 m�;lllL'8��1�5.��umt
EXHIBIT 2
�i`���°�,ww, .
�
�,
w,�
������ �IYioiu!� i��liaa�� ����i°, ����'�II'� �����IV "iii i��� Il�i�ioii �IIIAi�� oii�i�� "lKti»o Ill I���ii�oo II������ �1�u ���io�� �i�id�
�assrr��a ����a����w�a��a��
��������� ������r ��m����°�� �c��rPo��
�°�.�ac 5� �°��«�A������rr� �z� t�s� �S� �����1���
���,s���f�a� �,.a���
��� ��a��d�� S��sr��� ����..� ����� �&��r� ��a� ���,�� ���
b���d,���""
��NN,���� �����r�N� (P�a����� �d���.�.� �������:����
����r�� �"��9� ���a�r�s��
����¢���/m
�,.���. 6��'. ��t� ���7 �p�C�����e��m �r�� ��k� ��� �����r���u��,�
�����a����� N��k,m��'
����r�l "�"��k ��,�����,�
A�p��c�����s ������
,�������.
7"ask �a �J�ti�icati�n Eff�rts
Co�sulting L�b�r
R�tail Public ll�ili�y�lmtursicip�@ R�s�lu�lon Pursu9t
(Est, 6 x $2, O�a}
T�sk Exp��s�s ° N�ti�� irackir�g%I���u��ntati�rr
gE��, �oo �wn��s�
�ers�r�l 7`�sk Exp�rts�s
.�"��k �: ����. N�S� ���al��;�����
��a����l���a� �,.abe��
���EN������p ������
������p "�'���a �w�����a��
i
$ z,'oa
��bt�t�l; $ 31�7Q0
5 �eqQO
$ 1,504
� �,7oa
su�r�e�rr � �����a
T��� �Q�� �`�uaj���: �����������:����
��r���a6���,g h.,���� (��c, .�.�. ��� ���p�rc�� $ 12, a
��r���.wN���� M...��a�a�....... ��ww�� �::Ya����w���a��:����r� $ 4,500
���k �»�p����s $ 2,4�0
Sr�bt���l. $ 1�,90�
������� ��ro��� ������ � ������������
1'��'a�.m � 1��,10�
, y,
��a� w��� ����,�A.. �w..�r��„ ��w�� �.a�„ ���..������,,,�,,,� .�.���s °����a y � ��z.���,�.��� r � ������,..����
���u��u��� P���7�� A O��,wo ;��,e 2�.1� N Il�,��s: 6
wue�a�. � � �N � 9� �6 a'� � ��� N � �9 �� S. �¢� m�
EXHIBIT 2
��`�; ��..,,�,,,,�,
���
w��
III"� !� �� ������ ���� �"� �f�� �'� �� II°'� � � �' � !� � �
rRUSr�o cNVaa ���rat ��iso�s
���. ����.;�, r��; �:
� �,° �� �,:�► , �,, . ,, r �-..-, � � � ^ �a�� ` z.- �
� t � ��� +�.: � � - �� - � '�. � r : � � � „ r� � r, .
^'-. ,
�
;., i "if.4..h� � ' ek-.e�.
� x� �.
�;. ,",� ' 1,�:
f Y '"
M, �
M, �' �
1.Includ�s a bri�f �onthly status r�p�rt as w�ll �s formal pr�ject documer�tation at the ��d �f the effort (iCEQ�
certifed SD},
�.,�,. �,r - 4 �; 4 r� ; �r. �i - I ',�-. � �, � IM � �� '1 z, s �;�,: ;�
;M�r� � �� � e., •.t�',��, �K f�� ��� .ar �� r
^ ,�� � �, �, � '. t ,
, i ; ' M �;' '� �; �, ;f '; � " '� - �1 4 - !. � � ' � � , .
'�, r A� �� !'� �1 rt�;fi .�� �,�' r�,
��� ������ � �G���� �"��� � �� �� �� � ������� � �'"�'�,������IIU � �'� �
� � �,, � � • .� � , � � "� � +��� ^ti"��
4 y , , t ,. � - ; �w.: � +° � . . : r � ; . .. �'
� ; r, ,,,, ;:f '-' 1��� ' 1,;: "" ;�„ „� , ; ., .,., y, „ ; ',' - �, „/ ; -.: 4 ;r, �„r
b^ '��;
',f � ��Y 1; ;�' �,,�4C;;,'M,"�. ;,f, , y�, ,., �; ,f� "., , ,`1�,, , ;,, , ; � w � .,.. ;r � , �; ; ���
��, 1' i�, '4. „1„L1�;,,�'� �; 4 . �, �,�,� `�.
� � '}" 1; * ' i� � = f , i ��..
y; � a'- M-, r- r�; ,� ►, N�',1,',
.;� , .., . , �, , ,. ��..:� 4 . +' �r'*f� ' -.." �.: �• � ; � 1�.;;,�; �-. ; �,,, r, y':, .�� ; .. .- ;� ;,,,.
;r � '+, � �K,
t '1,` �F X ��,�;�� .;1-� ,M� ,�"� 1, � ! l
` • M ., � ;f ;�. , „ �, ., y e . � ; f ; , � ; �, .
1� r � 1 �� � + �,`
�r}A�. w �'. � k *.
� ,, ,,, �.,�
EXHIBIT 2
r���e��,,,
��� � �,,
�!9�11� �hV�l� �II� ��I4 01'��� IQ��ti�� ��"Il�i� I��IIIII, ��! ��°u�4 �III° �I� ��11I Ill������ ��IIII �Ilflll� n��iu
�,�
TRl�5TE6 F�tlA,�fdFAEPiTF�,B, A
r �, ;� , ' � , , � €�:,
l;
A „ � � 1�
�
; r� � ij; f 4„
�, � ,
�
€r € y �
�
EXHIBIT 2
�i i�,,,,,
����%� ���,�
���'
�� ��� IIIIII��� i� � �� IIII'������� ��� IIIII '����° �'� � �'�' �
u°uu�u ul�ir �u� � u��q�m�a��mawu�,���m�d. ��w�rv�°u�
`,i i
VV� thank yau i�r th� �ppart�nity to provide this propo��l far �nvir�n��nt�l s�r°vic�s and I��k f�r��rd tc�
��rkin� with yo� �� this project, �f you have any c�r��►�n�s �r q��sif�r�s ��r�cer�C�� thls pr�p�sal pi��s�
c�r�tac� �s a� y��r ��rii�st cc��v�r�i�nceo
R�sp�ctFully s�brrr�t��dP
��� r'`r
� y, �
N�
,A �qY'� p/ �/ pr�r� �JR
� �� (qI�f � � � �����Y�'!u����„�Y � �I' �.V� � � �; f
4 �,1 !�✓"�I�,� 1 �o., , iw
f��
f.is� Nw�'�ri��ang�6 �°
PIi�1E�T SCfEP�T9S�f
E� �E�S�IE �ES
T�E�S RE�k51'ERED �E�SClENCE FIR�15Q411
, �,
� d ��
� ����..��-�
��'��"�����j0,�`" ���, .,,;��"���,
''� I��:���Mw������� 5, °Cr�rnm, F�����, P�a �Fi�
PRINCfPAL
ff this pr�posaf rr���ts y��r r���ds pl�as� a�th�riz� servic�s as indic�t�d bel�w..
,; �
T"I�� �b��� s��p� is �nd�rsi�� ��d �uth�riz�d�
�ro��: .
`Tttl�:
Sf�n�tc�r�c
�
���DA 11�9��d�1���all., �n,,,���� �IUA�"� �.��a ���,.�"��V��,,.i�: �'IC��� "���D�� � � ��������'�9� p � ���.a2�"�.��2�,
R�aaa����a� I��,�{a°k��� II I��v ,�,�u ���,� q���� 9
a�a�a�a��l�l�l��� IG���nl�"�C��.a~a�uw�
EXHIBIT 2
����&���AO�,�,�
��
�
��!� IIII�'� �������� � � � ���� � ������ � � "���� �i�� �u ����°����'����4
w���rr�� ira�wrpiwc�u�ci�v�� �as�t��rom�
�. .�- �..
�, M «.
., �- y ,
* � + « 1� �� 4�
�' 1
� M�
� , � � 1 1'�
. 1 i!
*� ` � �1'
, � �,,
�...,�± !�
' �.i «. 1!;
�= M���+�' w� 11�
/� i. ! .
� #;
^���s'. (� 1
r, � � a; • . � � �- � ;'
St�nd�rd FieBd Ec�uN��r�����
m � . �...�,�.._ .. .������� �.���.
� 4cated all�r (PVC� $ 000
Sarnpl� Kit (C�n vary by pr�Ject rreeds) 25.
�ter L v�l $75.0
PIC� � PPNI10 $�.25,00
PID � PP�V $250.00
FI� $�,95000
4 �as Nlete� $�5000
VVater C�ualit�r 6�Aet�r $195000
P�ristalt6c Pump $�15.00
[�ed�cated Tubing jVV�t�r) $1a15
� icate T� i� ( ir) $2, O
Dis lac� �nt/ �I d�r u p $250.00
ell L�ck $15a00
5���������� ��"b�Wr� ����i��m����
�.� �,..,�.�q a...�....��.... �.a���.�_....�. .. .....
�ther E ui ent 1' �
a � . s, ' �
�, .,
�,
•,,
�;,, ,
«
�
�, ,
t ,
4.
I� `�,
.,
..,
�,
. . ,;
.,.
�.,
..
���� u������u�u�� �a.���� ��u��� �,���� ��u�,.�...u��a�ui,,,�� ���,�� ��a�� 8 u� ��2���.�m�.��;� � ��� ���a�x�.��z�
i�n�auy�����. u��aa��� � s��� ��.o ���.� ����� q�
.uu��e�i��r�� ii::�s�u�u����� ������
EXHIBIT 2
��'�'�'�'„��
�
N, ��
�''���I �� � I�I�I� IIP��� ��'�� �� �� �� ����� � IIII III!IIII� ��� �� �� �
�a������� � �������n�� ����������:���
: •.�.*; � ..; ,
r' �' .. if , ♦ ' r� r r ', � � e "r . k v� N' r * � r i i, '�. � r u r • r ,, �"
� ' � ��� � r' � � ' � �� r � � � ! �: � � ( "I ' ' r�� i ' � ,;7 ° � �, � r +' ♦ ' � ' ^ i � �r� ;,
" � F� �, � ' � r r i. , , � ,�. � ,,.. ,P � <, , , � , � q p . .. � � r r � f f r i4 - " r , a � . . .r
� �� �: ,� f ;r; / _'� �� r+ I r,� r R, � �r i �, r �e.- � �
�t rd � r'. r -i� � w�,r� . �,� , � �, �r • r�, , � �� � . ��� -r , r i �- �,,.
b �; , i �. � � ,,. y . � « � r� R � - �: i � c� � ' ��r, � ., ,, r r i, � ';� � ... ,� . ,
„ �
� 1 � 1 f f 1 ��' 1 � � i 1�:�-.
♦ ������� i ���� M�:. � • � � r ; � ♦, i" . «, , � . � « � �..
�. 1 a, r I,. � �� r �I ��+ 1 i� �� � � r
i ♦� ' i � / � ' 1 ..,.,.. f f.- ' � M � � � :::
. . ,+� • l, .� � �� . . �4 •� �; �•� 4�� . - r � � t i,�:. .�,� �, �■ ���� � �..
1, � �+ � 4 �, 4 w, � � � � � � � ♦ . f f �
�• �.� _ • � � if � � � I .�, +
� �!� �r � ��� „� ��� 1• � � � r•� �• f
11 I 1 . � i '"j%'�y-�j�
. ,, ., r�. r� ��
�.,i. �O�SII1�Sf1��f�a �S ✓ .� ✓ a� ✓ e✓ ✓ •/ p�"" a��wa
yle leafs ✓ ✓ ✓ � ✓ ✓ �` '� �"��
c �ry r�, 3 ✓ .f ✓ ✓' �""" �����
Kyle Knl�ht ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ^�' '^"� ��"�
� � J� so�, J ✓ ✓ �/ J ✓ r0 ✓ d �^" �^" ;1��,�
�n�et S. Tra P , P ➢ ✓ ✓ ✓ ✓ ✓ ✓ ✓ �/ ✓ � r' ����/M
C , S �
�* It is n�t anticipated that�the project wiff require more than 509�0 of any person's schedufe. However,
this will be increased if the proj�ct requires this.
� r�. �, � , + �r.-
x�,. i� �a��;,� :mru�r°�^ ���,; �w� ,t� �; �Ik���euc�d��ir; ri�a�IG�rua�r�a� u���F�OW�w !��»��,�Y � Pao�u�ou�"�?.�„ ����9�� 0 w����iH�� ��
, �r�G�a�o+ li�^,��rr �I� oru Wy'v�P�,d'N���I�II�IP��II::�"��.;d�"I�V�:I���,�C�I�vV
EXHIBIT 2
�������,,,,,��
�� i ���� �
s� �
�'��� � � II� I� �� �w�"� �' � � �� � �� �„� �!���� �'�
1�RwlA7rvilfl'�: U'0'�n'�IO�q�PJO'�Nm�lf�!�P��4.�V.D'Y811^'sk.G�u�S�
���������������.��.�����V�"�����������i�.. ��"��i�����
K�no��th Traa�r�g Ph�, ��� CF! , �S�
�r�gra�r f�farrager
�'y��� �'q����w�
����1� ���w����� ����a����
�
�*pr�p�s�d pravid�rs �r� {���E-c�r�Afi�d firms
�����''�'� �'�"�"����"��"��;"�,�� �.�"'���"W������
��� �"�� � �
� �r������
��N��� ��;�
m ��� �'q.'
d'���"�I� . .
,
��;
NOt�d�r� has carn�al�t�d cs��r 30Q Phas� I Er�v�resrar��nt�l Sot� �ss�ssrn�rr�s a�r�ass T���s sinc� f�rrr�in� ir� �01.3. as
w��� �s ���r 10Q Phas� II sit� 6rsv�stf��t��ns. VV� h��r� av�r 20 ��tiv� �J�I�an�ary C��ar�up Prcrgr�� (�l�P� p�aj��is
and nurrr�r�us �th�r �r���cts in�c�l�in� tJS�" cle�s�r�, air q�ality rrr���t�rirr�, v�p�r intr�si�r� i�v�s�i��ti�r�s, ar�d
l�' r��r(d�rif Yl"6�)Iri,',a15 ���,I'�w,"V�'JOO.�IFi'tl`K:'Pf,.'Y�CII'��"K�7iV���;9�"�'�WiNUQJ'.'�u.�p;��..'���JG"GdVO.:d.�M,�.I�Y11.�4���'dh4�IG'�
I,'r 4 z,.r , I�r ,:�,v,,'u,l? i����6wu�aG�'�V���������U�R��I�m°���'reV�".I��w@"��,���;���tl��
EXHIBIT 2
�, ��,,,,
��� �� �,
�� ,
��
��'��� �I��������� ���
'P��aD'�V'�.'tl.� �'I%V°�V�'RDNd�Nll�ll�"fl'R�O.. P�6�''��C�,S
1.� ' A i i" � �. ' ii � f �� f M, ►�� ��,: ��
f f ! I �' I/ "�� . f i f f ��• • i � / � I w ` i� . „i1 . f / I M 1 1 y
''.,. i . i ` f f',. I.: • ! ` ..,,.. ► 1 i �:i i M,.. :,. ►
� f i V 4 !� . M �4 , f , . ! �1 F , • :� . :• � • - � 1 �' F ` • I ` , ... � . . . . � ,:. . .,
� w .i1f � I� � `1 �♦ 1` f� 1 `/ '� f�
4` k�� �f �M 4 'f, 1' 1` "� I� 1 f f I M f` I�� ` 4
. ` ��` . . II � �..�. . �i � .I/ �,w. ,� �. e: !f I �; , f 1 � � �f .
1. 4. ' f �',; � �� M i' � i'�. f',, �,;. �,, R 1 I'�. f
i � / R,fI I f f ` r�. , � .� ; ��r ! ` / / r r�l /3
. f ., , . � . � ��� � � • . . �� � �� , , : ` �i � f � r;� � � � r � �� � � .
�l�,.. �F � f 1 " "r � A� ��� � r:., I r' r i i� ' r�I f f � ..., i
�• � �4�� � +., � 1 M � ��. � ,� � 4 .���� i� ���.
f �•,. y ; . . �a�. ��� � a e,� .. ..•1 ♦ i ��'�� M .«: iN 1 4 � :�.
► ` p. ..: . . , ♦ .M��r. 4` 1� '�. ..` 4 f. ,� � -�i � i1�: i , . '-I�i.
���� A�� f f 1 f ► � i I' 1 ' 1� `� k I� /w
��� 4. � � �r r ! ��. � '. � ■ „ �
! 1 � i� ' !� 1 � f M � � � .� � ` fi i � �,
. �r . �,, , ,� . r � . , .. � I� ' ,i 1 v :' � � � ' � ' ' "M . .Ili f. ^` 1'
M M i i 1 ' f
/
` �" .1 `� � F i � �. � ., . ;. i �. � I� 4 ,� � .,,. . ... .� 1 f� . R `;..
y � ' i 1 - ',,. i
1 f
� . �, ..
r ..........�. ..
i �" � ', � � � y„{ �,..
�
� . . ,, y :i.. ` " r - , . � �• . „ 1f
" i K � � �� f � ��
.
� � .'',. i ' f � Y s �',: i f . �� ■ � i �..� i " f
- "ii . +.f"f� i . ,,. .;4 � ` f ,�, . ��, ., � .. ,.
.
. 4, . > a • r s � . . , . . « r; . � • . r � � � - . / . •
�
' 1 . �' � ` fi � f �.�.. 4 4 � � �� w w � � �, ��. f i „ ` �i � f ��, !
- « li f. ,. �'�, . . . N � M� � �„ ' �i � u � . . �
.... , ,:.. .. . a . .
` A � f i y.. �/ �.�; F f f �
A 1 � x a � • ,, ��.a
( �I`S �1�!<I'C4'tr:ii. C'C, .ral��,'r ��6:��U�4IDtld5'��;'�"�SU."��`V'�li�.%Nd' I�I�"�,�iI�Y�'.0 )u:Y'�1 II �11Y°I�IIII. ��p "��'�,� u I�Fh&'uIF �:v
� wir �yr.kar�� �i�f ar��r �sGir���o- '+��r�w���D����'�N'���I�;�'���',���I�I�U�.:B�:�"�.��N°�
EXHIBIT 2
iy��� �,�
������ �� �'^�
�� ig �.
,� �i, ,uil ���� �
�P�u�� ���t �li°�� Ilh�� �°��II 114"���I� �����i ��«<� ��°� ������ �� � ��,� P�l'����� ��i� ��',�� ���u�
7RUSTfD ENVlAqNM@Po7Al ADVI40iL5
r � '�
,� � �,. � �. � �
.� ;.! �. +. ��"�
�s ,�� :i E � � � .� ��
r,r• • �+ ; �,.. . N, ,� � � � , ��. � . ., ..,, � �� �
� .� ,� ..Mr � � �� 1�IM�
- . - �� � - , �� , - � ,. � � �; i , , � � « • � � � . . �
'��� �E! '* � ��� If
+: s�;
� f��,� � � . - - . � , ;� � ;� . , ��- ��„
# f A w f N�r,
� � �, `' 1 + � 1
� w �� � 11',
N � �I � rF �� ► .�s�, • ♦��� �
� � � � � i� � � �. +� � w;
•r � � �i, �, �� � rr � � � � �I 'r �
• � � �: � ' + ■ '' " f � ` +
1 ei "�� �' 1 i� 4 w ��� f ti i... ' 1 ` 1 � "' li
1fF fi� � � � �i�1 � ♦4i �' `f �
f 4 f� t� " � � �!� f" � . f# i
1! . AI ► f" i M�; Y,,. � f�� .,:M I F! � 4` ! f: f ' 1 1
f ,,,. � � ' � � � �• + � ' : ♦" " �1�i � !1
� 1�. � . F� . e . . �' . . : I + ( " 1 � - �. f M � �r • . �" i . ��, ' 4 � " ��� ' ` � i i� , _
/ � ;' Y . � � ' � ' 1';. i 4 ! �
� 1 i ,.,. i � � i / M ° • , ,;i�,, .
� i i . 1,.,...
� . , t . .. . M I . � �� w . � � . ., . �� > ♦ . f ,.� , � .
1 ' � � ' �� , f � •., ..: , . , � '� 1 t ' " 1 . �� . . '�� ` . � i . ' 1 � f � ,. , , . ...
��. 4 ' : . i + r ;� � w � � ♦ � : i ° � : .� - . �, � r � � , �� , r ,r � �s ., . . , � �
r, r. -t � �� �� �� �i «• �. � �♦ ...
i1� •�' � ► y
. �� ' r �� i-* � � � � •�, � ' �� � a � �
� ,, � � .;� � --� ! � , ,, r ' �; , r - �, � ��� , � , r :,� ., +;
^ v�,�• , «� . �� �� �.,� . � ���. . r + �_: « �� � - rw�� .. ; � ,, 4�
� � n � • � • � �- � �i� � I�IK
^' f '" .i '� . • •, - '. M ! ' , « . � ��i . ., ♦�� , i�," . `fi f .,
#f i" `i 1 ! � ...� ` a i 1 � . �' i 1' �.,.:i �: •
r � `,i y. ��,�f �� Ir x�� r�r: �• r ��� �i� �♦ ��r�,
r i � r� f',. • �'..... � f f • • 1, f i
4 f • � 1 ':f f i I
',�„�.tiar ,�. - r�:>+ , 4�rt�uT, ������¢�uw;��t'u��aV���'soum'�u� II���R�P�b.!"����� II �qu'°�ui�.'���„;��¢'D��& I G��a�°�:C
? i��iiF�;���i � i,.,n�k�v�i Ez;r,ra� "�sRo�P°�d��lll�@I���I�:P��h���IF�����;.IIIIG��:���":'I�a�m��,�V'�
EXHIBIT 2
�ui��'����if;,`,�,„
�� '
���1� �;u�4 II&��� �a;;;� ��� II���� ��°�,� �4;��; �i��;ah �1� ��a �f 1Y^i�r' ��� �,,,� �`�� v,�i�
���"�"��'� ��k��ON�7B��Vfil��4�1,. �ONri���D�
' ?�u ` / �, il "!►�,"k' �;$, ?y; "a � �„1,, ; �l,;
� �i� 1,' #- ^�� Y* ',f4" � ti �� ��l 1�
'�; ♦� �1 '�„ 4� ,,,� -4 ;� '-.1i
�;, , �..�I i ,. �A , �r� .��,� ;,�, , .�� �,.�: *4,��:..
�, � i '�;1 ; �y. ,� ., „�i� '; ; ;1 ' .
� '��,�� ;., , .4 .,�:'i!� �- ,�„ �.�`: , ; �...;,r-,.;.'� . .', ..�K�f��. :�., k,��' �. r'M; �� y , .-..- -, ,y �,.. � �. -,
. ,, „� ;�., , r., � 1 , . ,, ,, .,, „-,�' , y „ �,�,y,n ; .- ,� .. ,�,, �, � ,�, :, �,`
�
,,, . „ �. „�.� ��.w . s. ��,r- +. �."..a� �- ..4♦ �� �;�-�;,�:,. �� �,��.�, ^- � .: � � .� x,*�;
+�- �w - ��+� �y• ��
F �. �;: .:� �
�„�' ' ,,,, ,., . .,.
�' „2':� �,�
r, �. � � �„ ' + � . � �' U
�.
' rt� �v : �-� 4�.- �r , � r- ?:�' �- `a�,
�, , ,�,. +, �,�. �-� r � "'' � �,� �.�; � - ! . 1;
�
1�. � ,r;A � #���- r; �,� ,,:�r ,�. �,�-;�f,� ..
i � �. '.+'��, �r'�,;� i�� ;1 ���
# 1 �: � �,- .rr " �. ��l;
y. „� . �„y. ��; a ,:: *+ ".a
r, w x �r- � ��" �� �- k` ��
„fe , ♦; „F , �,";,l' I'F; :��; W r �' � �i?, ,�i :.�;���;�
-i, !F" ,y ,�' ,�, �4 A'�� �� y ";�' <r �: ��+k
k , 1�'� -A ��Y�, !-; ,;b w,1 - ;y„ ^-A� , ;w�
; M ; �� � 4 � r f � ;1 ; 1r ' X � ,� ,� �,..
„�„ � ,,,�, ; ��.;;t� �, � � ., �� '.. � s �,; �� +� , � :� , ,;, , ,,, �1 ��,: ,.;;- .- . ,�, ;�.,..�.
�,� w'?,, , Jf,'; 4„ ' 1"; !" M �ii ,, ' � �;.. 1�,; �' ' ' �; ,
�" , ,,�„ , y;.;;i,;, ,,.",M �;1" „',.,; � �� � a,v' �. ,�, y;. �, ,�:' � i'�.. , ;1 ' af' ;,,, ;Ik; 1 ���,." �1�,""'�
�
�, , i �r�,} ',� �' �, - %`� � `�,� -'f,�r 4; ?� ;,�. ',�
+ ' +F Y' ? � 1, ' ., � , �. � „ .. �
1s i;2 ,.,;�;w '��"1 �1; � �;, �;-,1: '� '^�A 'I� , ; ��
. �,i � , � " `s� y' �J'; � ;y ; �„ f ' � " , � � ' �' r, � , *, � I
�' �, ;�„ i� '�ia�' ,r� 4 w" } �� �i,
1 u ,sf�a���,�iiz,rt=�a�si�s��a�¢�xsr ��°�u��ai�us�na�l�i�i�r�rrt�u�I����q�ro.��'Yi��I�u���uu���A�.4�'A+CII6�a�a�a�'�°
f,ra���n�:�r�., M1,i,-:n���,�trizx•� ��+W'^�"��UIIC;�III:�UL�IC��a�'���W�,Illi"�IP�N�;�"�u���u�4
EXHIBIT 2
,
,
��,� �% �
� � �1�:��� �. ������ '���' ��
� � � � � �� � � ����'��. ���� ������� � � �����������
EXHIBIT 2
�� � � . � � ��.,
r � . �, ° ��� ��^ , r�
� �� , � �, . .� •
�� �� � �- * . �• +�, a � �
.� " _ �. .� �; • � ,� � ����-,� �� � ° .�r �� � �; ��
��� � a �� ,
��� ������� �� ��� � •�._ �, , . � .�-� �� � � >� . �� � ��� :, r �
� . �.� � �. � � ,� �►��- �« �,� �4 .� .� � •+ ' �
�: , w r � � 1 `
� . �I � ;�' 1� . � �r . �i , � , � � + � . � � .
; n. ,i w. � . : � � . � � �
`� +,, w� � , , i i �;. �� ii +i. `.''� .
�� ,
.�� ;��` �,� "4� � � �:�'� A ,,. �' "� -. e 1'., , �,�,..
r c i .
. + ,, .
�, . 1; y " ' � r 1
, , , .
, ,i .. .
�'1 +' �:� /,' � �,'; '�. �- � f w
� . �
� � 1 �� �, � � ' � � , � �, ; + � � � � �: � �-' � 1 - , �, . � '� r "
w �, , � � � "
A i � " . � � �� �,� 1 , 1 i �r � .
�; �1 i �� `� 1 . �. �K �� � � " 1- 1!
� 1', �� 1 "X" � �: �;` # 1" ,.; �i
�,` � !' R , "� !' L " i , a� � � ! , � � I i � 1� ' � � !�^ �;� #�� �" �'
k r ; i, 4 � " � � 1 � N ., �, ; i; ', ^ I :l � � . � , �� ! . �I . 1-
(�„� �r�,
,Scope �f S�t°v���s
� ' t ' IT�
� ��� • +� , � ; ��� � � � �� ��-+�
�;� . ��. 1� + . ,�� . ���� . r� � �
� ,���� r �.��� +� �! ���
.. . - w� . � �� � ��. �„ �.
. - � , , ; . �� . � � � �� �, � r- � �r +� �� �� - . � � � . � �
�� ;�. � ,� � : � �� . . �: � ;� '� � � �� � • � � "'
��,.�� � . r � � . r,� � , -�, � . �,: r � ����, ��, ,
� ► .� ,� � � --��� �,
, .
� �� � , , �. �.. ti ! � ,. +�- �+� +; ���� ,. � � � .� r, �
+� � � M • • . �r . � , . � . �` �
! � ,
T'h� City sh�ll pr�svid� deta.il�d i�ch�i�al i�°��ati�n tc� thos� responde��s requ�sti�� such
infa� atic��.
2a ��' � ��` S� ���'E�
r
EXHIBIT 2
� �
.
;
.�
,
.,
�_
� � � �
Th� �ity will b� r�spansibl� �o th� �w�rd�d c�z�tra�tar f�r iki� f�lt��r�� i�sks:
(lj ��°��idx�� ir�fc� �ticart �c�r��e i�� the pr�pc���d �r�j��t that �y ��r��labl� in T.��r���n fil�s;
(2} �.ssist �r� � c�ordir��tion �f �11 ��tivzti�s ��`th� prc�j��t;
(3} �ayix��r�t �f �il loc�l d stat� appli�at��x� fe�s;
(4j �'���lit�t�r�� th� r�qra�r�d �il nati�ic�ta�ns d p�y��� fc�r pc�sta��9
(4) �rc��rzd�r�� revz�r�v �c� ez�ts e° part �f th� lc��al r��i�� p��c�ss;
(5) ���ilxt�tin� �11 pc�stir�� r�q�ir�m�z�ts fc�r p�bli� ��ti��s$ ��d
�G} 1'c°c��ridir�� � �'��;�lity �id rz��d�d a�adic�-vis��l equip �r�t �c�r p�b1i� ��titx�s,
EXHIBIT 2
� �
��
� , � ;
„ „ � ,: ;
+�' � rt �; � �� , �„; � � ��
.�
% � ;; � i-
.
„ „
, � �
�;
EXHIBIT 2
a� � t� e f�t° ��� e i�°� � ts
� � �,�
,� � x��� . , �",� ��
r.
� �,- .��
� ,- � a, M � -
� , �� ��^ '�'
�,r `�r , ►,
1, ., �,. , �
,,,,,,,,, ,,,,
,. ;r 1 �.. l ! llr �' 1, � / 1 , � ,
' ,.,. �. ; � ' ; , , l � , . � , �, ' ' �
�1'
A !," � 1.,
! r� 1, 1�� . � y
"� �1: fi� !��. �(
r' �; i, 4- 1; - 1 '� # �
�� � � r, i,- y i;,, �� Ii " � �-
i ,.Ll, " �, � ; ` � a ; M �' , r
M i
�,
r, 4 i,;� ��' � ��
� � , a; ; 1;
�i � i . r ,�
��, ,r'<�, „i k, ,�,�., .; ,„ �, � ,
ii; i )
X'
�, + % � -
� e,! .r ,r,� ,,,�'� w; ` „ � ,�,
�' 1 r
c , �, �- ,� � � , , �, � - �
, f„ e,
';�, „1 r �' .,.� ; f i ; - M-
EXHIBIT 2
�
, ;
� ' P i �
� , , ,� t
�� ' '� i = I � ' �
�;
�
� �
,
a�I..,
EXHIBIT 2
, ��
r ` �� � � �� ,�. , �� w r�
�- � ��� ,i � ` + �
:
�j, •; �s, �
� � ;�� '�� �,�� �, �� �� t� � � � � ��,� +�, �� � . . w� � � i� ,�
,rt � .*., , � �,w � r
^r , �� � i� 4 � r *
� � � » M • �. , � . � .. �r. `� �.� �. ,�
w r ' �^
� � � �
,� .� �� ,;� � �� ^�� � � ��.
- r � �� �� � �
a � � � � � �; ., . � �, , � � ,� � ,�
+ . �! ' �+ � ° � � ,, � ��r � . . , � � ' � - + -
� ." � t # , �► � � r . � �.. �. � :
�- x � � �� +_ � . �r � � r � ,
� � � ,�.� « .� ,�e� .i�" .�.. �,�- �, �,, : a��� ���-
w� � '� 4 � + �� � �� � , �.,.
° r ���; ' �a � �:. � �� � i,,;� .�:: �M � +�
X" '�
�� I '; �, ' '! �,,.� ,� �},, f K �; r,�N
# �' r , �.� f � "' i - li w ".,
Y � �,
.r
� ' +1 ,. r; ,„ �_ ., ., �„ �i ., �, ; , ��, � ,. « i i
.,�,� ,i �'; , L,; f Is*, # 4
'r I� '� ! � I! e
1:�. �' MA 1; �� ' i 14 a 1 � L" i
! 1 �: �a� 14 � ��, R'"� !" w�. � �
� ...u� ,�� �rl �' �rl, 4� M"
� � �. � '
.. w,
f�' �'ll � 1 � �� e ! M�� i " 4, ^ � ��� , . w fa ".
�" � r-,♦ : a', �,, : „1, 1� # 1, 11. �
�+ � '� ' �- � , ,,, r � :" � ;. ; ► � � . ! � ��� � �
f i . � ,. �' �f " ` i , � ;'
�ar, M 1 4 �I r �♦
� A' 1' '
� r K , �, w � r � , •
� �' f � M� ,� �;� � ,k li
., , � ...., �, , � " � '' � r , ', 4 f; " �;�. 1� � � � I � . ; , „ ;., , , f
A �, "��. ,�� �, Il �
- � , K ' ,, . ; � � „ � � .. � � �.. . , ,, � ...... .,,
f' � ^i � �'
EXHIBIT 2
� - � , �. �. �, ., . � . .. � �. � � ..,
� � �� ,� � ^ + � � . � �,; , . ,� ,
� �,� �, � ,;, ,. � . .� � �� 3�. ., w� ,�. �,, , �
� �. � � � �.. �. „ r- ;, �,
#, + � t; � Ifi' 1 r � r it ♦ !" �* �
! 1 . ,�A„ M � . ,1 r M {^ :�� 'i
� ' �. �, ; �, n - ' ^ A ': � ' � " '" � I ^ , . . �
w, .. , ^ .., .
. 1 ��. ......, ,� `. �� f,; ' �� � � �r, . 1� �
If' �' � ! w' ! i f: �� �#*', 4' R
� �1 '�^�il 1' �i� r ,� ' �... ,��
� • � ^ 4 ^ - �� , A . � �i ' , ^ . �; �� ! s 4 " ^ � .,
�i
� � �- � � , � 1 # 4, � «
., . , - � , , r � , � �, � , � . . , . �� � - A � ' � # ^ ♦ � ' w �� 1 �! ' .,
. A � , . � . „ ��� � ^ � �� � � ? � � � "� ' � `� " . w 1 �� . .. , , +
. , . �, � „ ' .�. # , � .. �. , ! , ,,. � # , t ,.. r .". . ' � � , � � ;, # � • �.;.. , � �
�I • �. �"��� �� ;�" M' .:r �
' 1 �..� r ' ! 1 l . i , , � ' . i ; � , , " . � `. � r 'A" , .: � ' - ' , r';. ; � 1.." ' "� ,
, ' � . ��, , M i , : f , 1 � . ` . �� , I; .' .d , . ' �' f- 1�; , . � � *� ��„ �
� ry. �, �. � �' ",K, i�1 p: f'�
�: ;,i" � !' �" � f i� � ! #�- „M,
♦ ' , ! " �;. � ' ' li; �� � , # . i! ' : �
� ! � �-
w i�; II � , �'' 1' � ! 1�� ' ,, �.. •: � ` y .., ° �
'4', i1,^ 11,
'�!, � • � � 1 ' 1 X�, � ? 1 � ' � , � . � ' is
,��'.� Mr �:� 4 `� 1�„f :: � ♦„ , � �i ., .�„ �„ � ...�!" �-. �^ ,,., � �-'�M ��:'
i , M y , # !� , 4 !- � �- „
^� 1 � � " " ' i� :; r ^ 1i 4 , � - ,., . „ . I� � -. ' . " 4 :.
� �
... � - �,. ...�i .- � �^ ^,Yr ! �* �, :�1 A ,`�1 ""1
� -A ' 1 r ��I R' ;�', " 4 � !� A �"
,,,., � ,. .�,. . ., „�; k � ��. !f �), •-.��' �"
A # #'„"" ..1, ♦"M X'^ "ei ' !� ,�' . ! '�!�': '" �,'. ^� .,.,.'. ,'�' + � ' . �,� „ .:.f x
� ;1 "�I 41 :; r'" ` �; . #`.' ,►l�,.
1- ! • # 1 .� � f � j r . �
! ! f !
'�' ,' i- '" �4; 7 `1, "���" ��e i .�.'. . � + ��;, � �# ...r . .,. � ,,,
�:�. ,4 *�' A�,� .' 1 �', �, ,'� 1 '��' � �f �� ' a /:,, � >' � , Y �; . # ' � i
� #�.�i �, 1 'f '1 ' r �! �i,�; �'",� ,�f�..
al , � A� ` � �.. ' y , F . a " �� ; M1 �� f 4 , , ��. "1 , .. � # ;: �
'��; �� ►,'�� c r � ,•f � �",,� " „�I' �-, � 1:-. �
�; � � i ., ' . . : � � ' i� , �' , i w '� - T.
1�-.' ..�, r .A; . , ., , ., ..� .,:, ' . � , �, � , ... , . 1 .- .'l,,,
�I' ,M + "� � ��" �
�^ •; � "M- 'N ,�f �" + �"# �! f
1.,... � .,� �' , 4 ...,y ...,i .� � ? a.. ,�.. � �,.... • � �; .
EXHIBIT 2
� � ; a� � r� r �
,� ,, � fi ,.
� �- � � �. �� � � , � .
►�� � fi .; �r,�.,,
�� � � M �, ��
, . . �, , �; �,; � » � � . � . , �
�. . �
, � � :� � , ���� ��� � � � ; � ��� ��.
. °� �i- :� �� �� � r .
�
4� 11' �� =�1 I, f` �� 4, I
i � ��
, � �, . „ � , � + , �'
' � ' i,' �'� 1„ � � F � "' �-� � �,,,,�„�"# .?,� s c�'t;-
' �� � .. � �r, , 1+,;; �, � ,�... � ,,;; � �, ` '� " :��,�;, , �; ,
�44 ,r6� M", �c , .�' ;r"' �1k�, wN ' '�.'�.
; k^ 4' ����"
« ., , - ! �` 1 , �" " � � , ►; � , ',;,� i;, �.; �4"', F`" ��' �' w,�
'�' i-' i ,�b,� t" .�:" ��i i1; �N�" #
� ��
�., .,� ! 1,', : �;'; 4 - �h��; N-a
�,' w' *'- ,f, ' R^: '" M'. � �i" i` �� . �.' , ,�
M ,
�, � ...k�r :'M���
-, L , .; 71' � " ♦..;,; "1, "�,w" ,� � ` ��� � `,
�. ;' ., � „ � „ w ' 1 ' � 4, ' :� ;,Ir
! + 'r , ;1 � ,��
, �, �.,. , , ,
l, i i w,�1,,,: ; ,�,�. ', ' �.�:�, "� � ,' ! 4 ,�+i ; , , , „�;'' �i, Ic "
�,
� , r , i,... , �
i 4-i7 � I .- � 1, i i Y ,�, � ln
1� 1, " i� 4�4 F
r' i 4,
�" 4 t,
� � � �,, , li , � , � � # " 1' '� S- ,� � 1, ,.' , , � 1 „ ' 1' , �l
,9„" : 1'* „1�,
k, , ' �'� '" " : ��; �A �V� ,� ��" r f ', .; +,
�„ . � , '{ ,',� #; �,
��� � Kw' �, �'� �"
r
4 I # , ! , " �, 1,' �, : �'`
:�I Ae, ` �; "'� M,; ft� ��%
F,�,
1" 1 !i +� ���
�; � � �,, � � �,
:" 1 lt ' � , , " , • ,. IM �.....
+�' �, 1� r, , �' ,# �
�"M ,� #� ; �.. ,i�f�i" ' #�r,' ;.M ' N
X. +, ,. ^ i ' �,. �,.
EXHIBIT 2
, .� ,... ,... � ...... 4�,. f i � � .' �.. . � '. ` f °". 1 . . ;:.� y,....
i��! • I....i f �,: 4.:.
. i .; {.. /..... ��. F * .... .. i ........ i � ...:.. i f ...; �
. . .
� .; � � - � i a ......... , � .,. . . � ;.. / i . ': � y .....: ^ ....... M � "' � . .... � . ..
......�_I "�." 1 ,',.; �.�� � E�.�.. #.........i "
+
Fr � ` 1.. �.. � .. .. ., �� �i . � �'� ' i M� ' i "�'� r� i i,"
. . �', ��' �i 1 � ' i� . �; � -.. ,. ' �;. �' �� �1 �� . i� ' � �. �,..
i" � .� f. I I e1" i'�� 1 �! tl
,` . i; �. � � :: 4 ♦ � j !� . � ' f ` ! ' .: 1 , 1, y ... „ . + f� � i 1 ;f . .
i <. M i M . � M .:... s ` 1 i ' � ; r li � " .'�. f ' � � k'1 1 f w ,..... ' 1 . �+ . � . 'M ' 4 �: �. .
- ♦ • f i...;�♦ �l i i ; . i ..' � .. M• � , 1 :� f i:
' ' ' ' i . f . ... i ' N i M � ;, ' 1 � �' . . . if ' . 1' � .. . � �.; . � " 1 1 � f , :. f ";.
.'1 { ! / I 1 M �" � �
i . �:.' � .�`� . .. � 1 1�f . 1 '. i � . e � '. �� f. �.. � i ,, � •. �.., . �I i t!
'1 :i � G. f;1 E r� 4 1'✓ . �� .. ��., .: ;��� i. Mi r. N y.,.
4� S � i �." M ��y`! ,14 1'af 4i� � i 1 �' �' M i` i'.��
� � - Ii f
� r, �' �,�� w � �- � �- ♦ 4 �'
1 '.;: 1 , f�.
��� • ¢. � � � ...:.
' ��. � � ■ .. � f � ' '� . � .�, ` � i�, � � i f ..; ' y !" . � .:� � � �` ` � i i �, . f ;� _..
. e
.
♦ y ' f ` �f A ii � f "' � '� i i 1 i� 1 � 1� M + �'
. .� ` f ........ . . ........ ...: � ' 1 . r�� i � r. � ' y ...; 1 ' i... 4 . ; � � • ... . � .
�
1 ` ' ' . '� . � ' � f � . 4 ., ... � .. � � � , i 1 i M i . ' ., . � .,, .
'.�f '1 }�:......
► . . � .
� . i � � f� n ' i ` • , M� . ` .' i a�. , " 1 . •
�
. . �d . ! 'i .i ` �f" N(' i , ...,� � . N ei .:
. �....... � � ;�,� � . :� . .... i . ,......i i . ', � , � • ��.� � ; 4 ; . �^ � ....
� � �
M � .;.. � � ;:. � i .., .... , � ..... . � : � � . ` � ! i' , ��. ' M:: ' / , ; ♦ y ...
� , i. M ;.. 4 � f i ...., ^ . i � 1 ':� .. i e ..;.. ...... 1 + ��. ♦ .: ' 4 i > M ` . fi
� M i R . M . f r . a�. � . .,. . � i ♦ . � ' f e � �� s �� � . ,.. y . . ;i "
{ i f� ;t 4 1 f ' M f�. { ` f.
� ' � � � �� ` ir '� 1 ` � ` 1' . � i
a " ' ' '
i ' . l 4 • �.^ 4 f '. � . ' � ' � 1 '��: ' � f . ' i� � ' " f� ' r l � i 1 4 � ' � , �'.
l,i1. �... � �i r ..�� i •. , f�.' . IIM ' " � ' . 1: ` `,�M � � .; . `.
/ 4M' � f " � � .I i• !, •fi E '+ � .',.. i
` ' �
� i ..,. M . A. . ,, � .. _ � . ., � .; y •. � «� � ° f 1 i� 1 i �.' . '� i ' li
� _ ..� ,, � ..� .�, . .. M � 1 ... � ..A � :. ` . f�' ' i fyl ` r! . ii
. i,. 1 � � �.. ! ....; . �,..... � . .� . �.. E M i ....... f - i. .
: � � i. 1 � f.." M/ f',.... ........ 1 • i....,. f'. . l 4�,.
*i t . " .i ' ; i i � I 1 . ` !1 f ' 4i� . ��' , ' ��♦ `1� ' "
� �.M 1�. .� i 1 i:....... f f. i`� .1 f
� � ! � � ! " f �I . F� � "i f , � M ♦
, � ,.... f '... f
EXHIBIT 2
� t, « , � �
� ° w�; �. �, �_� ��� �: ♦ � r ; � ,. a - , ���� �
� �, •r, � � ��� • �� r� , � r� � ���
� �; , r r �! � � �: � ' * , , � �
► � � _� � '� � . �" `�, � � * �
^ � � � � �� , �► � � � � � � �
1 .�. i 1 4;. 1 M , 4 1.... �M -...... 1 � � � :�! ` 1
�, ♦" .��, �i., �� � I ;�1 e.. � � , *,. � �,��, �,
�� :� 'IM A,i. I. ♦'� " �i �
'�i �' 1 ' , �J ' 1 � � � '�.. # - M .: �� A� ' l � . ii ` �
�" � I � l 1 � - . � .. ,► #I ., ,� r �:. �F , . ,.- ; i ...
!, ; �. . 1; � # ♦�'
' 1`.. � li -. �' ,. i f` 1! � 1` � I! i� # .: I� 1.":' 1� � 1-' M
.� I� �. ' � " . � r
1 , !� , ; � ' M : �!1 , , . . A " • ' � � %.� � ;It � M , A " ' � ! i � , .,
� � " ' i. ! � " ` � �A " " ..�. } . t4 ., , �;. " . ���; � '1 i � , , t " ..`
M �% u �;� i J f! 1. f[� A ri " i i M ' 1 ��'^ 1i.;�
'1 � • � 1 f, '.:�., � �, ! uM,l', .� � �' �* " 1 y�', i
a , , . # 1- 1 r� ; M + �" � � � �� a �, . A i ' - ',f ` ., f , . , . ; �, . , �, � . ».
r � 1 � ; � � '. "' �. i � ^ • . f A � � ! � :i , . � � ,. , �;. 1 � ��� . ...
h 1
,,,� � 1. �-.:�.'. • R , , ., � ; � � !' ` . ,,. •i�� ,�
� . 4 , r +�� �r � � r �,. , , ,r ,� .
,��' �
�► #. �. � � � � � �
� . : �: �-� -�; � w;�
11 " r� 4 M ' �� " ` I! 1 ► " � . � , �� � ! : � �� # 1i � � �
� ..;. # ,. ., !.� � 4 .. � . ' f ♦�. , i ��.. � '; �.,.
►� �: #r i 1 � , # � � " " r , � 1 4�'." , , Ili
M..."�M , ........� �+' , , ,. �...;. '+ #,.� ��� ,�. � " M, fi, • ,.:. ....
i�. .,� � .w � ... ��,�, i�, , ,." � ��. � .,, . �,. .� 1 � �-�
A i � �" �.��, " i ! M �4 , #4 ►�1 ` •( M.,, n�f" 4 � ! ���
I i � , � '� , . � ; r. ;,. ' 1 � , ��: x � . „' 1 1 "' , � (
� �, . M 'r'
� '" � � ,� � � , " ' � � �� �" � : . , � . ,,. �, e.'. • "
1M� , � � � ' i / � i , � �' ' � �', I;� �;..
� .. � . .. . r� + 1., ,�; ..- ,li M' F" •
� � 1 1' .�' i, A, � •l� 1` a� �� r
'^ M � " . ' ►t ' .�� } ,i`
�+..! w ' 4 ! c i -.. � , ` "'� ' „' f� . . i r # ' : '�, f ' 11 ♦ '� . ;�. � w ' 1 I 4 .,.
a ;.' � .. i � .. . . � . i , i�',. i .l � ! ' .` ' �. ' .'. � ' M� y .+. � '
tM 1,.'�. � #�i. �� ^ U" .�' �' # M�'
� a � ► , .� � • � 4fi .'� � 1. . ,
d ' fi � ' ^ i�� A ' �i� " . ;. i Y',. � r • � ; .. , . , �. . � �' 1 . � ,
. , '. .. x: ...' � y ' .. ' � ...; * " ; ...... i ^ .. . �': 1 1��-.. ' , .. . �� .:. , . , w�;
i � � � 1
EXHIBIT 2
� �„ � � � r 4 �� ,, � r� �
� � , , �; , � �r �� , � �
� 4- � � � r � a '�
3
r �, . � `` Y f � � � � „ � , f � . ;
�+ ��� � ,, i .°� . �+ . �' w �� �. �.
. ..
. . �_� ♦ ��. , . r
. . , .. ,. � K w ;:�
+"�.-t
R,� ,� �� °. :�4 ' `� �� � .,:..� r
w, r r � � ;� � .
� .; � � �� `� � ��
�- , � �� � �M �^
� r t- �� � fr �� � � , ��'�
��X� � �M
► ,�; � �� �s � �= a .�-. t. �
���� �� � + a� �," ��� 3; ii � w; +�
� � 1 , '' 1 ., i ' ^:'� 1 + � ,,� � y" f'. ��' , i'
,M � ��, !^ 6 �. �� ?� � �,
,♦ - A fi� w r, r' �; X : i !�
� , iM �, " f �
� - i , +�; * � , � , " � �
�„ � � 4
�' ,' 1 �
� � ,� ,� � ,"�' � F
1� �' ,�E, 4 M;� 11 , � r r 1�" �i , y♦ i
,r;,.. -�y, , "Ii �► 1��, �+ *
'! - � i � � �r " i " ' � � " ,, i' '; `' i f ` .,.: � , � , » ; �� , .,�
# �,r�.�� " "��„ � � � ;� .�M r -w� '� x �� ���
,/ ,� i,; r �7,, �� �H ��� �� + ,�;
� C , IE ' . +� 1 � �
�I>,� M� "-, {i 1 A, f"1��
1„ i � i, «�!� f 4� i r
r � f' ;. , * 4 , � � 4 i - � II, k ; � #� - ,1 � �,
� '�: r M �r " � '
1, � # �,.:6 1 : ' � ; � 4 �� � - � .' � " , ,� . � i ��:. " � 4 b ;
�, , �� ..; � � i4 �...�, , � .;..
�; ♦': " r f i' , � 1^. 7�i
1`� +' �' "� 1'' *f Il �, 4 ►" t- r 2 "1,
_ �., ,.� � M�,' .....,! � ,� f' - i-;J ,4 �;�., .��4 -. ��
.
!.�'# r` �1 . � , �� !" s � # It. ., , 1;
4 , ,� , � 4 . ' , i , � � ,, - ' � ,, ;,
„' ' . ;� ��., ,,6 i ' i t� `" � .k„i ., . ,. � .: ,, , , �� � „
�� 1 � ��#' -��
� � � r� ' � � . y , � � ;� � 4�
r "� 1 � � �/,'. ..� f f ^M'. '� - �..�.
j� " ll �r, , ! � �,� � �' ; � � , � ;r ,r :��� , � '
� r � �.
�' t
EXHIBIT 2
�,. � � •� s ; .��
�-�w � ,� � � � � � ���. � � ^x . �r � � • +�. �
� �ti .� - � � ° ,.�� � � - , : - � � ^ �� � ��_� �� . . �
� . � �« ,�• � � �^ � '�� �r +�
� , �. . , r ,, .� � ,�, � , ,� �a, M �
,.
�. � . � ., . . ,. � � � � � � '�� � . � � , � . » �, . � , �
� �� ����' � . � ^� �� , ��� �, °� �� �. . � ^ ;a��
� � + �
' � +� �� r� �' ��� ��;
r � � �. � �� ��. ♦� + .��� . �� �r �• �� r.� �►� `. �,
., . �� �� : . . „ - � . � � °� . � � �
� . ^� 3, t
� ��;, � � �: ��, � � �.� �� � ��
� �, �, ' �, x ' +� � r � +
� . � ��� _ � r �� � �. � �� � ��� � f � � ���� , ~ ��� .� � r, �>
� , � -r �� r. + �r' ��. +,, r..
� � , ��4 �� � �r .�. � .� ��.
K � ��° r� �� � ��, : #
�-:�, . � �
� � �� , ,. � � . �; . r . , , -� • � ' � ' . ; , �
� . � r r � � � . � � �r � �k +�� r � � ,- � +� � � + °
,�
�� � ^ �� ��� . . .# �.;r� � � �- �� � �r
*
�� . �a � . .� �;- � '-� ,� . .� , � 2 _ . . ��� �.
� I� � . � M � ' � , ,�Y � '1 � ' # , � "1 ! ' � , . � �
� ► '� f � " , � ,, � . :. , � r r „ .:..
y R i � *
, � ' .. �, . ' ' ' ♦ ' . �# ' s "" ,� ,. � � . . ,. , i � , '. ' ! . €' C : '
� w ' � � � � 1w � #: ,
1 , � + ' i"�' M A II " 1 � , � ' " + �i � k ' � ��
�" ,.' 1 ,...,� ;:,� �.� � " !^ , 4 ,1...
R l ;,, . � � .�. . � � s�. ^ � K , , �� . „ . , ,+ � ,� .,; ., r , .
1! # � " 1 ♦ � !1 1 , #t, �
�
. ��r 1 M , ,. : � � , �, , .. 4 # < � ;�, ; " ' r ".. � - , , , � „ � � � � � ,. , ,
� �,. �1-` � ! � , �,+ , � . , ,;� , , ., , �e � - � � � �
�'� � fi � �i", w�' ';r ���' i', 1 ^f �1. ! �
1' �r ,# "4 ' #� �i,� +' i� R N� � � � � ,�
y i � �-
, ., �
" �
1 � � f �, � " , Y � a, Y � ' ,. � �
�I.'. f'.., � R , i �, � } �,M �� � �i
I ,� � �i s ,,.� � ! ,f , �1 � , � � t .a„ � i � v ; �' ±
r,� � .�� �� , ,� �: �, � / ��} � A, I'.. �'
,1... � �� �,R,'. � 4 !� � %�♦ l .� I ,} � � � �� � ..�� N � � �.
. � i � � * �'� � �.� �-i � A, I I � , � �3} ,
�',
� !�� �� I.R ;�;� �, ',,N#, � �� +I�
} , � ^, � .... � : ,� ' : � � # '�. � " R k � i :. � n ^ ' � i , � '�
�
EXHIBIT 2
, � ., � � . �� t ` � � � i� �. � �� r
�� f' i f� • �''
� .�;,1 ^ � "� .; , �!� ^ �i , ♦ ,�
} � M i
M :i - �e�. : �� ,f- ��� �"
"+ !; � t �, � �� �r i � �I � � 1 ,,,.. � # � , i k ' K � f
� �� �� + 4, � #I 4, y #'�
:�
" �'
4- � " � A , s. , '' ; ; � ��� . � . � ' � i' ^ , . ,, ... � � , ,� � i�, � , , , � �,.
� ..., �, � � A ♦ , � '' � '� 4 � � �
,1 ' M � , ,� ' ..,� , w � � I 4 , 1 " ., 4 , �, ��!
'�� �. ',r ��' � 1.. 4 !� ,+ �' �, ;�M,,.�!
;� M� i� 4 �., #�. � i, 1"1 ,11
1 ' 1 t 1 . , „r,,, ,,;� ' �' � M,
" . M-� � 4 ! ' " � � '���
�
�"' �' �� a�"
a w� �I , i x 1� G, '� �
1+ �:- .,l: I ��, ' ' r ��
a", i r,� ',4 '!"e ��i ;1 i� y�«
.�" � !i ° 1�- 1 " '�� ! , 7„�" f �;. � -, �, � � �, #' � 1,' �
4 � � �`' �
' � ;..-1f � , , , „ �, � ., . �� ..,...,� ', w ' -�. � j '
+ , � •, � , f' �: , � "�, � ' � A i � � R , R ' i � ,
, � ... �..... e; � ! , � , +� f - � ; , M - � , � ,, � ., � � ,...
., ;, ' �,- ` , N� y � ..:�, .; /, " ,( i�,� �,, ,:,...
. . ,
- �;+ ' � f,' ' ' ��, i� , ;v � • , ....� ' � � , ,
f r' �.�' � 1 i, '�l „
�', '�� ' �' , � �'
'- � , �..., ;;� i . ,� �
� �, .. � , � r r
„ , ., , , ;, , , , - „ , ,
'- � �' ,� ,� � ,;�' , � ..
� , , , „ , , , , „
� , 1 'i, ; ; � ; .. � - � ,- . � ; , ,� ' , '� � �' , �� �-�,.
,�, ' w , � " t; �" � �
� � . % �� �
, �;
� „
�k , `
., , , , ,� „ � � � ��,
�, �� �
„ � � „ ��. 7� ,� , � ' � k
� �
3 � �" .� , ��� �.it"�,iA' 1; i, t -
„� f' i,+ 1 �
' ►- , + l..: � �.::. �11 f�•.,
, , .. , ,. r , �.,
� , ;� � ,...� � , � � � '�;:
� �,
; _ � � , ..,� , I �r , , ;� _. #' r � . ',, � , i ��, i . �
� � ' � � ' 4 'r . ( i,� , .. � 1 , 4 # ...-
, � .. , ...,Y t A!� t ,t 4 ', �^s.,� , ar�
�
EXHIBIT 2
� �-, �, "�� +
� � �� �► +�.
a r. : ~ � +''
. , �� � 1f.. � , y .. 1 � .#���. �1 �, r �
♦„� A' +� � �- �
4 , ^f ��� , E�,�, M ' �^�, �;, 1��' f ��,r �n, �`�, :
� *,
.;�' ' ♦� "� r� (
��, k �,' rt t ;
1;.-, ,,. . k; �,�, � #, �-'4 � � ' i ,� ,
!�'
i , �r r � .,.1 , , ,.. , ,., , , � , ,... � � ' , i�� � V
� �:r ' * A
.
�,,,. . � �w,� !' M I �:..4,,,�.. ' , , .�.: , � ' J..� :: ��^ ' 6 L' ,'��' ,
1; �� i �e ���� 1�� `a,
�; !�, il' �. � � � � t' � � 1` : 1, �",, `� � ,
• , 11 i s 1 �:
" r�, ,i ti 11, r„ 'I f � -�G,
, „ � „ „ , � � , , „�c , t..r , � � ; " 9.�, ' I-" � �
'M , - �.�,;�..
� �.
�, ., �
� � {
�
'! � '�,�� A � �' ;�
��" /., ,�� ��, � ,� "�, i ,� �:, , f� � '',„ �
�r �I� � I , /1 I , � E ,
�, ,. , . „ ',;, � ,. � „ ,.
l..y, , ' �'" � .', -�,� e '�► , � .' , , r ; .,;
,i ' � � ;:'; i '. � � ��f;' �' � " .. , �, , � ,
�� :.l,' E, R;"
1- '� ;1 ��� �I(: ",1,��. ,f
� 1; :' R, 1 r 1 f� � ; � ,, , #Y , .:.,� + '
t; 4 � i, �� 4
� � y .� � a i i`, �,+�
�j� ' ► 4 ;
■ f,' �` �'
4" k', s �� "'.� t :i �;'F
4 ��,,, I� ;i^,; 4;��", � r- 4i �
�,
;�: 1;" „ � r, " ;, , ", :� i ... , � #�; f; �,,,4
�"
, , ,.' H i�; „�r; �, , , � , ;, .. , ' ' �: �, ,�K , ,�, ,, e, ".� `!� "'
{ K r
14 � �': , �, r, , , �
- ., ; ,�, - x., , „ . ,� �., ; T �� ; '� '�. -
f' 1 k� '� ;..,. �'t, � ,.
� �, ,
�f l; ♦', i, " t� ! .'k ' +
EXHIBIT 2
,r� � �. «. -+�
: +1 �! ,4"# �♦� �, ��- ,�.....
•► t,.r ��t, _ � � , � , r " M � 'i �'
� , � , , � ; + �- ' f i� * r , � �'� �- +
, 4 � ' , �. i i ' ', r ' � r " � 1 � � � , .i J 1
. .,
, � .. � ,. :. ;� „ , � � � ,., � � �..
� ,,. . � �, . ' � ,. � „ ,
!f � � ; � T . � ,� � ' 4 , " � � i �� �1 " ` 1 , � � , . , a � � � , , . � �1,
f^„ A � 1 4 i , 1� '
.�� �� �' �• ,F, 1' � �
� i" 4 1 � �'' i#' 4 �,,, �,
��" i �' 4 �
� �� � � " ^ w, i� �� � # , "" � " �
!f' i � �'' 1' � �" +�; # 1� X� 1: 1 #
.
� ' � � � �' � �� , t y � �' ; ,1
►,•! ,w �i� ,1" ":1 "4 1� yir. ,�. �. ,� M1- ,A r4l;,.
�! ,� �� a M" :��„!� 1, ��� ,k r -*,,�
li 4 , �i ; � ' 1 : ^ #� � � , � '
��,- � , � 'i I- 'r1� #
4
� M ��i ��' �1 , �I ^ 1 �,' � ' r" "� , a
� ' ,r- � R � , � � r, � ,� , ��.,'� "�� ,� . : , , , ; . ; � � Y � � ' i '�
�� , ,� ,1, " ,f • � 1 • , � �; � .� � a �, � ,- � �, i
w "/ 1 i' �/ Y#4 f" �i '�" �� � ► 1� 1
+ ", i , +. , � . �� „
�( � M � �� � � "�
� f .'.
A, ,, w ! . ' j x � R , � � , +� ""'�„" ' �
� ,.. � t. f , / ! �.,. � , � ' ,,, � 1 ,,.. ,1 , �I ,.. ^ ! 7. "
1^ �.'Y,' r, f i',� .`� :' 1�, `1 M�,� � �, �, � ��'f �` ?� '
�'^ .�(^ . 4 � -,w , „ �,.
' . . '�.�. i �. �. ! , 1.- ' '
� y 1 : � 1. ^
rt" 1,' � �I f'' # . ! � ! �� 4 1
#„ � i � ;� � , ,...' ,. , ' " ".i ;.;r ►,,. „ �.- .. �., .�,y 1:,:
,� " 4 1 �, - +.; A i «�i. ,
.► r'M',' 1 -� :� f �f i-. ,!
. ... , „ - .. .� . ..i ., I.'. �
� �
�*�� f� �� � �"
R� e ' � Y' � 1 1F' ',� i r i ��� �� "�
�; . !�� � ; r::.. �, � ,
+
� b �'"'; ' � '�,." � ,"., ^' '.? '. ' ,� ' �..� �r �.�, ; � , „ � �' i ;��� ' � �, „' �-�
x " ' ,�Y' ,. i-�� ' �_. � „ , 1 . � , � f �� ",. � � � : � .:�, ►"
� -. •�4 *1�', �' , r'e*"r��', � ,1 �l; M �
/,' �� ♦ �" � �i�, 4
�i � � � �r ' , ! ; � ' ' � �. M ' , f ^ � ' f�, „ f � ' - �; �:-' ' �I. �.� i ^ f
,, , , ,;..,+ 1�� ' � � ii.� ..r., #" � , . , � ,• .�,
i �.,.,.,, t-' � .�(,:' 1�' _:#" 1 � , ��., � y � , !", i,�'
! � ��. � � " , , �I ;: ♦ " � �. � ^ ��._ • � i + ,. � , . ? l ^ . l
EXHIBIT 2
s •� ��, � « � �k- „- ,�a:,
«
���� ♦�� � �� a ��� �
�� � , �. . ,�' � , +t �
� y �� +r� �. r �� � a°
� �. ���A- � � . � ♦ ��, �r: � �
� • �• r �� �� �
� �� , .,-� . �: �� ,.. � , � .: � . � �` ,.
� -;��°� �; ~ �: '... ♦,�� , � �,.- � �. �-' ;,� ' , � � �',
�r - . �� . � r � � � ���,� �r + t '� � . ' � �, .
� r� �� + .� � �� � � ,r; �+ : ^ �;�,,, „�„ � � -- �,-r�
� .: � � r i ;, ;�: , . ' , ��., h,� �.��, ..
�} �; /�;�; *' �.��� �F l � fi ,Y �,
s� ,. „' „* , i;;' �r, f � � ; � ;;�.,, 1 � ,'�, � I ;
* �; �, �; , �, �` �;; N
E , � ' �;
�� � � � ,' �,w � ,; ��, .
� k �,, � � �; „� �w, �' `�' .��;
1 ,. 1 " 1� ' k� - 1 , ' + �,
. �„i� . . ,, ., „ �'- � r,, , , a , . � ; � . .
�' ,- � � „�
�' -,#" .I! ,;� , ,� ;4; , �1 '�+" ;#;
'� t '. �: � ' i ; f ! ��. � � �, ^ � � , � k'.'' � �"
}' ;i: n-. �!' r1„ M� �4, ��� �,
� �, y „, I,� r� y"
h% � �:� ,; ;� "� l ; ��, ,�:! �', • �„ I '"';'. � � , „� , ' �. ,n ; I ,
• .��' ' ;��; , ��;.• '. � � �,E , � s, e ,:, % ,�� F � � , � �
i i � ', 7' �' , A� , �' � � l � � . ,� , � , � S ; , �
M
' A. J ' ; 1 ' �, � � � # �,'. ' ; ��, � ; � ; �" # ' 1 ' � � ��
�„s,' ��'. „ �. ;" „'� ,,,� , �n;, r� .. , , .�� ,1��� �,I �,�
';�i' � � , ��� � }{� ,"
�` , " � ; 5 � i � , �' � ' � � ' ,
�� ��� ' � �.y ' ;�i � �'. � �, y � r, '
"� ��, �' �' �; " A ;# n {'.. '%r' i�� 1; � I. `.�G
� „���� �� � � � « s,.' e -..� e .r� ,�''�' � � ;. *r �.l, f� „
I �� } '�' � �";} �"� � � �' �' '�' �'r
� � + � ; �
� � � ; ' � ' M ' � ' � ; � *' � ' *`. �:, ;
� ; ' �� � `� � ' �' , , ,n �;' � " : � ' � * � ' � � " 7, � � ; � } ; 4 ; , 4 {' ; , , ' ' � , � " ' Y , ,�
� � a�r .° � aFrx f a r s� i
���.-��-. ► �; t�., .,�- : ,-. ,- a r-; x; +r
� �,'i�� � - ���� � ,:+ � �!. *-�
a;�+l i� ,r':� � �+ ►
+,, 1 � � " � .;;� � � � : "� ,�"�:
*
, " � ! � " " f r 1�� � „� � + , R ; +� 1� M ,
♦„' M' �4; �� �" �'
� Ir-' # �" � 1 IH �,� "� � y � � , � �i ,' A
�; � }^ } �; #; .+, ,�' + i
� # ,-�Ir, ' v�'Ir f ` f��� „ 4 ; :f# .
�' - ���� i� , ; * � � ' ► � �. � ' 4 �:� f� - t , R .. ".
N ; 4 M;., . ;' ,,.'. * `1 = � ' � '.
� , r' � ��.;4, 'M ; �f f ; � 1� �
EXHIBIT 2
; ,
r
� ,�
�. � �
a� ►;_ ; ;.�-
,. .
, - � ;' ° ,;;.
, . �:; ° �_,_
« i � f . .� , ,� :
� , ; - ; � . , � _, � . ° _-� "
�: �"
,._ _, �; ;;. ' ;:.:
,.. S A ; _ "`
; ; 1;
�;;,;
� � ; ,, „ ,
„€, , , ;; , �; „ � , �,,, ; ; , �'„�';,
1!; - 1,, € � " �
€;, €' ,; " �;';'£, ;, ;i[,€€;;` �i`=;'- '.,,;` " [,_: '","." [i'ii , ; � " ;€; ,`4i,i
�i
' ;1` , ",�� ; F € , � �, i 1 '� 1 ;
1
,4 1; i '
- €i,7�S , ° 4 [=i;;,, , ; ' i'�� a[„ ;i ,S4 i; � ��,_';; ,t';,' ;;s, ; � �,a[;� ; � ,..;� „ r. ii'. [ a;a�a
�; ;; ; , � �; � ' , ;, � w, , , ; , , � ;i;t „ , ': �;,i' ;'' , „
;; [ ,i;,1� 4, �� a, ; ; „ , i, ; � , , , ; ; i' ,;,,- 4' l =': { ' ;,;;i' i,;,,
'a#[„ al. � l £� ��' "
i�° 4� l„
' ,�° �i '; 'ia�'`
„ ;;°F , . ; � , , ;;'[ , f' :; ; �° i� 'I;; '��t' ;t�t; �a ; r,` „ ; ; ; i
a,, a { [�+ ;
, ` ;,[,=1„� s l,,,�� ; . ; ; ,,, "e[� , ! , ;1°; [;' ,�� §€ ' � ` � € `4i ' iai „
, ': i � ,;; ,, i ,� ,�„€ , „ ; .,; 4:�� :;; 4 ; aa; ��'[ ,'�a = �, �, �,i,"
�;,, ; '�; f'Mi i
[, ;;" a` ;, ,i: i, �',, , ; , ; .,, -. ,� -„ „ -�; `i ,� 4i �'a:�3 � , ;a,r. ,1� ';€ _' _;; ,,,,
i,i
A; �., -�, � �,�:
i', � ��� [�� , ;' ,� ��." 4 , � 4; ��_. � � � � ,`;
� Y
i '� ;
f
EXHIBIT 2
�- . � �, ., • � ���- � R �� �. ;,�. � . �� .; - �,�
� � �� � � �x��:
� 1 � � �^ ; �� � � r ; * � r � 'M �, ��
w ♦�� �� �, , � r� ♦ ��
� � r � r
,+ Mr t., � , . �� �:,� � ^ ,; � .. ..
. ' , ��� r, .! ,
,x � �� * E � • ♦.
�'� �;� �.. �� .��^ � r.� �- ♦ ��� ��� r� .
..
� � + � ; . � �; r "� R ♦ : �
� . . � � , � � , a� � ; � ;; • � �, � . . � .� - . « � � � �� ~ � . � . . �� . . � � �r� , w �
� �� . � �� , . �.,� ., , . r- ��. - ♦ ��. � , �,
���. � � ~r �� �;. M� �� ��
� - � +�
�� �,i « � � �� ,
�� �+ 4��� � � �� �;� + "� �K ,,; +
� � �.�- . � �+- � � ��� .w � �+ +
� w �� �- � � � �� 4 . �
�, . � ,, . ;�� M. �,. �� , � �, � -. � ��- .� ,. ,- .� �.� : � .�
�. � � a� + ,+ r����� K � �, �,
�
� � . . ,, � � � � . �- � � � �,, ��, � i � ., , �� w � ,�
�
� . � r�� � � � , �r •� . -��� � � + �,_;
1 � r. � �, � �r-r � � • r
, �;�.� � ��� f � r . � � �. �� . � ^� � �� � �� . � � ,� ���. � ,,,� M � .;
-,:� � ���w � ,�, ,,� +� �r�� � �
. - � � � ♦ ;
� � r - � ; ; � « '�. 4 � �r' , +
� �r x : �; y . ♦ �
,, r � -� +� �� f � �+ ~ +� � � . � � , t. ,,
� � � � . � � � � � - �+ � ��� � ^� � + ��' �
�� :�•r a . �. �� ��. ��� + ° �.��-� . , a . .. � #„�. , �" �. +��
�� � , r .� �.. .^� .. � � . ^; � ^ r �� ^ •. , ��� - ���r�.� ���, - �- � � ^ �. ��
. , � ,�, . � . ^f + 4. ' ,illr;� � ��,f , ' ^� ,. 4 , A, ., ..,
��", i � ,f G � � " � 4 �' # !, r,� � r t
,4f'� ;Mr ' � i , � ? - 1, i� ' . � , ' f�,' #!. , 'AV
"y::� II, ,M; �� � '�' K
tr �".r : ! ♦!. Ir '�1. ;�; M ',f " 4 " r':�
' # 1� A�� � " i b �.
� � � � � �" "i � r � , �� ( ^ " #, Y'' '' " • # �� i�.
, � ,. , ,. , . .�
^ � " •� �" � `� � .+14�� ,�"� � 1", • „' ."" � ' 1�1, .�RA'`� � '
r � i' �' .'�1"' � ,,. � A" ,�,' ";� � 1; .14;�
� : �" i , ♦ , „ .,. : � x - i � +� I 1 " � ; � + " .� "� .. � '" �
.� � .�., � � � f i� ^ 1 . , ^' M � s., _ '1 � . ,. .�,. �
� .;. !i �,�♦ ^K�,- , •" � II- � ! ...� w ,� �,,, ...:� !
n i + !� y� � � ''� �
i1 + i
EXHIBIT 2
� � .. �, � �„ ^ . � ��^,� � : � � � r:� �.
� � � :� r � �
,� ,� �r�� �;� -� ♦ � �� �: �� �r
�,�, �� �� �♦, � � , ;t � � ► �. ,w;
, .� . �- i , �;� r. �,+ . �� � �� ,��
M. ♦:' � '#,��� i
r �# 1 ,M 1�
�I � # #� " � �4 � 1� ! ,1;
" #.... ► , M .'...'..
��! �; � �� ��. � + r � �� .� �� �, �>� �� � r
�,�ii�i �M' uiiiu i� qi p�� :
�
I;�i �� : ,�
� 1,,
, ,
���+ IY, ���; +���� ;��
� + °
, , �,,
�,; � . . , ��
�
r �1 " �4,
+, � ` �
If � i,��al �-Iolid�y ialls �r� Saturday, it �vil! be absera��c�' ���r �kr�; ���•���c�i:��� ������i<�y. ��'' z:� 1.������ 1��1�r.��� �:�1��
�� Sur�d�y, it vvill b� c�bs� ed on th� follovvin� ta���i���°. �9�t`�����1 ���:at.a�°:� ��' �����w'��i��� �i���l ���� ��c,t^����t�
�;00 �r�d °00 m, c�nday thr�ugh Friday� e�c��l����aN�� �:���r ���`'�����i��r� ����:�ii�;��;��;�. J�w�ay� ��������r�1��
d�li�r�r��s c�r `u�rk p�rfcs���a�c� noi �ithi� th� r��rm��b �������•� ���" ������°���i��� ����� i�� �����°�r����� �iw� ���� � nl�r
I��n���r a�f �ente�r�, Te�as �c ��is �uthori�d desig�e�a
� ' � � • i . � :� �� � � :�, � � ' ��� � � ��. � � ` � . ;�.. .,� � +r' ' a "
� x � + . �� +. �� � °�� �� +�, �,r � �""
�1�� � ' r . ����� � 1., � ��. � ; .+4�. M,� � �°-
�� �,� " ���.w �' �''� ���
�, .�, ,� � �� „� � i ,i
N ��� � ' ! 1 "� i �I ; 1 r
� . � � ". 1, I .
'.
�� �,�
� #� .#'
�
Ie
♦
' 4 R
1 f
� , ��'�, �' � �� * � • �' , � �
: r,a, �'
� , 1 �. A, , 1, , "�' � " �1 " ! ` • " � , ,� �, : , � �# . �
, f
. # w,�� �- � -� M '1 , iIF' � i, �'" � �'�' � �"" ♦ i �� + " �!♦ # � *
- M� ^ �I� 1' ;� # , ��' f r � "M ' M w , �I , #
. . * „
� �, ;
i r � +
r ,� " . l,,.. !,', ' 14i. ► � ' #' ..�,.,
�r*,, � 1 4 �� Y';1 , .. M "i r �� . � "M
' � � .
EXHIBIT 2
� �; w� *� M °� � ��.
� • � � -�r � �,�, . r
�r� -� , .�� ,� �+ ►�k� �� ;� �
�r � �
+ �+ � ��� y�� �� i � � �,� �s; � , r� � M � �
�►' � ♦ � �r , � - �, � a � , , � � � �., � a � ��� � � �� , � �
. .� � �
�� �� a �� � �� y
r� i�� _ �► . � . � � ��+ ; ; � .w„� x� a- � .'; .r �
• .w ��, � ��4., �, � , �� �� + �� �- �� : • ��
� , K; w � � �
���� � � a�:�+
r � � • ° � � r� � ' ;� +� � � � ° � r:�
� ; � �,'r ; � �i . '� � �� � �; �,�- �, �
„-, ,, ,,, .; �.`,' ' �, - w �+�-�� �--tr..
�' �; �� �� .�_ �� �, �.i
� � �. �r" -,�: ��-a' t; r� ��
r, � «- �I. '�� �- � `�' �� ��� + •;r ��
�'�^+Y �,
� ;,� h�l� <, "ti„ ;#;" s ""' ' i.� , �; . �";1` , �, ;; ` ,� , ^ �, A�, , �, , , � ; , ,,1�;, ,. ,�, ,�,
";�,1 4; �;; •,�-, ";-4 1 #-# ' ��� � . M4;�, � ,�f;;
♦ ;.'r , ,. �;, . � ,,y-N � :��' � �� � ;+, +„ °� "�..,:
�r, "� iG r , � � :�� ' � ; 1 �;�Y „#;� . �'� 1; k ' �r,k M"�M„
�,� 1 , ,r , �I ' f� �
,,, ' ;, ,� ;;i`, � i�„'+. `, a �.1' ,4,., , , ' y" "+..�^X ,. �': � ' � � !;; ,i.,
F � ,'- �^; -'waM; �..: ' ^,�,' �" �'.4„-" " , ; ; ; ,�, ;, ; , � , �,. ,.; ; ;
� 1;1' ,�� � ; �, , ;; ., ' � ., �, W' 4 � , , .., , „ ;� .. ;, '; , �,;, �� ; ^.;- � � �'; �
�;• ;,t ; , �.,� „� ,
� �`,' �, , �I ' w' # f�A��' • �; �. .1 f
,� ,#'.:.,� , ' -. �'�1�-. ' j4 �' ' 4; ;', ��,;; '� �� � ,� � ti � �, � � � r ;,;, r.r '
►; � ; �� ,�"� '`i- , ;� , � � 4;;, - #- .
� ,
X;, ,, ; � ' '��.��' �'s' ,�" -,� '';� 1 � , � � �.,
;�,- 1' !�'� �' 4,' w� �#' � �'x�'
.'? ��; , �" � i ' ' ��,. `f"# ; �`� '"4� R'.
,:.� i, �' � �" � � ! " ��, x
, �; 1; ;r, + , � � ' 1� , r � � � .
f , 1 � ♦� 1 ,r ��;r '�,�M� ;i #; �',
; � '� �; �; .r �r,,. � , ,� ,k,�-..' n,. :�,'
; ,-, #I;� � M�' � `' ,..� ; , . ',1 .
X � , ,�: �� ` "' �% , � r' ' i �.
7i 1 � � �� r � ���' �'
„1" , J�" r� .�f�' f; N ;,� ' a� � : ��
; �I # ,/; ��' .�� rt,, �'�` �f; :1
4 , � • � � � ' , • � ^ � • r , ';4 ; ��� M".';4�"
+' 4 : . � � ` 4 ,
EXHIBIT 2
, � � ►� � ,� w � 1 !; , � � � + � " - � � ,�� w - � , � �,
�; � + ♦ �� j + . +
' . r � � . ♦ ♦ ��. . ' �, . �'
� ►^����� w♦. �� i���. ��a� �+ �. �..�r�
� � �! �., ,.,. � �. �+ . . �r a r �
I" ! ^�I � �' �1 ; , + � 4^ .1 " " �� �� 11 i �
M /,�. „��J�,�I `� �:, ". ,#-� ��;, ! �nw` .i . ^ �1,♦ ,�.
„ „ , , �.., , ' !, + ��. : �;! �
.
„ ♦ ' .; � , �. ,. , ,
" � �; � , 1 � •, ��:�^. �! " ,�
- , ::,�, ;.. , 7 ,�i� , ... � �� " .;4 �-�" , �.� #" �, ..,.
�, r , � � � � { � � a r �" � � !, � w +� �,
..
,
' �, �.. „.. �, . ,, r � „ � < � ,. i�.
w 4 ; + �' W
�... � ,4 1 ♦ .� �i �„
M
�' ti; � � f � ' # ! � ' .
;,I�M, '1 #, ,. ,... .� � .:1 . '.1M' ;,� ! ! ,1�. " ' . �'1 ",' �.:�4 , �,�
i 1 � ,� ,, ' �i .
�, � � � � 4 ,w 11, � 5; !, ,
• �, �,
,1- � #� , , `:.. 11, , �. `
� ;f•',i', 1" 4� ,b � �`� �w ^,li 4' � i�' �� �"fA ,1'.
; � „ � s, , ,� �, � .. �; � ' ,1 1 , � �:
., . � . � � ^ 1'
�«^ 1.
• . 1!1�: �; M� �^, ,�;.: a , �.-.
� ^ II+� l...
1, � , t , ; � ' 1 ; " � �' � � � ;,. ^ y 11 , " .,.
�� ,1' "!� ,f -. A^ � ' ,,� ,�,� , � � *, ��, � r:'..
-{ , / ` I( " r' # k . f # '; 4 M . "! . 'I! i ^ 4 . � ' ♦ �� � �
T � . � # , k� ,• � � �' ! ^ i�.
!,' 11 " � ' M, � r - �y 1 : r" � � � !' , �,
f . S !, �' •' �I � 4 � . R - !
< �� ,� ' 4� � , r .. ,. , ',����. r�
�' � �� �, . , ^ ��. , , . � � ., ., -t , � .i A! � , !
� 1 i/' '� ,�i. � b,� �, ��" +Y � �" ! 1'
#, , �� � , � . f �� w � " 1 �. � # � �. # +. . , f- � ^ �f "
r `'f �, � � ;1 1" :�� + � : ��
I If M. . � � „ } R' .i , �-
��� , � � . , ; ^ • ;'
! 1w ii + �I� 4 +� .
!1' ► li I^ �1 w M �. }
�, *, �,. �- • r M' �"" !" '� ., � # , " #:
. � *- �
! � �' � � � � ! �I "� , ♦ #
�, �, , �„� ., ���:.. , Ii � �'�
� . „�� � ;11 , ' ^', � � �
� �` � " 1�� �, ' , ' . ; . , . � " � � R 1 , �1
r , ,� 1 . ;4 . ' M � II '� w � � #
: � ! �I �':" ; , ' r ", � ........ . * .; , #�:. �.... ,
- � i� ,► �, :� 1 l ' ��
EXHIBIT 2
m���➢� , �n����n�v�a° ��m�a� bs Aa����rt°� �`�n� ���������� ����A ��r � �� ,s� �� �n�A � ��� ����ma�� �re��
�����r���4� �a�a�a���n� �:� ��� �¢��ar��� �� �� ��'�p �ka� ����� ���a�ar� ���°���s, � �ay ��a���.k ���� Aa°a�a����
���u4� ��� k��s �aa���r�� ��r �r�a�� ���a��s�� ��� �¢a ���rc�n �°u��d� ����� �s���a� a����� ���� ��u��rt°���n
"��r����Nc9 �� sr���,i����� ����an� h������s��� ��M� ����� ������ ��������pm����ic, �u��a�w8����,," i�rw��+�� ��nb�a��p�����w.�w"`i���w��aa.;ar�a��G�,...a���°
�v,��,n,w ��.riti. ��n.„� __....:.._���.. .e�. .�,� ��, ���o� .� ae.�.,�,�� .�.��.. .��,�.._���
� w������m�� t��� �aa� w��� ����� ����u������w �� � �'�w� ��� m su� ,�a�,�� w� �����rv� ������a�n� � �m ���� �a�u�� � ������������� �A�a�� ����__e
�������t��� ����t�rw�¢;�µ��a�l1�..;���c��s�,m��
EXHIBIT 2
�
,.
� ,
� ;
;,
,
, ; . �
,, , �� � �„ ;� , , ,
,
EXHIBIT 2
, ,. � , , , , , ,l'.., ......�- .. �'
��t11!°��t T't�t`iCl
�-,
�, , #f' . , i, ' L, „ 1 � �;
� ,
.' (� �' i,. �„ ��;;- � � �i,�;," i �„ .,
, w � �" ' r'r1i ' �',,, ", , s t " � i^, r;�. �, � , ,�„ �" „; �� �
� �, � , �
A; � � ,. � 4
�,
� , �', " ., � ; ! � 1� , :-- i,� , .� ��� i�,-;,; � '� „ �,,, ,,
# , � x, ' � i i ; � �,i
� � � � ,, � .,
.- „ . , � � i, �, ° .
,,�'„ � � „� �� ;;,,,, ;, I-, „ ; ., �" „ ;, � ,;,, ' „ ,., -;� „ 'Ia r , ,"" # � ,' ,
� .
„s �y
�� „�; �� �„�, �E;
�, #; i � ��
. ",, , � � � � � �� � . ' � ; , . � �,, � � , �
;, , ' i � '
., �
� � �
r; ;, -„a:
� � �
�-, ,r , , ,r � 'M 4,' � ,
✓„� 4;# , ,, � . , � , �k ' „ �
�G �, � ,� 1
# «,
� � , �� � �
iY, �" 1 „l,' ��� 4 i
� ,
� "
� ` i', ,#," � � ; '� N,,, � : � " „ ; . 1 �, �"
�� � ;;' � " � +,, " � � i; .r;". � ,�„
�� # �
- ,, �
� , �� � i �
, � �� � " Mf , � � 11 � !M ., � �
; �
�� - �, � *
� �
� ,� � �
. �,�
.
� � �;, � . , �
EXHIBIT 2
r ��lle
Cxty a�' e tc�n a�rc�.�sxt��
(940� 349�7100
� � � : II� .�� ,;, � �, � . "� .- !" '
�Eit�Il� �1�,'�itS
���n �ct�r a�rees tc� ir� e ify �� �l �r l�ss ��ity � y cl�i ir��r�lvi �t� t
ri� t i�fr�n e�nt c�r �o i hts c�a� �a s s� li� ,
����,��n��_��� �:��r�,�����������������, ����� � `�a����.,����t��� �����a������„���mma��x���� �u������M�.��+������ ����a���M �M���
�i Y S(? �' I'E�S� � y r� �T�S S�LI l�Sq ����.� �?�����,�7��1"�I�����w.� ��;,��d'��;0"�i�;'� ���' Q�'I1�.�'�' ���L��"�i�1��»��
drarr�iz��s c�r �t�rials �e �r�d y �c�r�tra�t�r ��� ��� ����°�'�,�r�����r��.� ��� 'i�� ��������tic.���� �����:��� �1�i�
c��tra�t s 1 e t��x� siv� rop� y oft ���k� ���� ��� ��t���� �:�������r•i���� ��1������ l�� ������i�r����� �� 1����
�r�y by the ��t�t���tc�x upon c�rr��l�ti��, t�rrx��r���,t������ c�� �,�ut��;�l��i��aa� ��� �la�� c���t�M���� ��"����.��°��c������.
rr�ayp �t its �wn �xp�ns�, k��p ce�pi�s �f�ll i�s ��ita���.�� ���� �t� �,��,���������� i�1��. �d���t�M�c����r �����ll ��tc��
use� �11ir��Iy �llc��, �r c�us� to hav� s�a�h �������r•i�1� ��:��c� �i�r ����� �����°������ �i���'�" �'����� 1,����
p�rfcarrr���� c�f ���iz°act�r's c�bii��tiar�s ur�d�r this c��air��i w�ih�s�t tli� pra�r �rritt�n �t�r�sent �f
t� Ci � pra��i �, �w���r, t a�t �c�r� ��t�r s�11 ��llc� e t� us� nc��am�o fi �zati�l a�erials
fesr itin� s pl�s i rs it �f ��r s
�: « � w � ° �; +� � ,
w �a 4 � � � ^ � r, ��.;� � �, , * � �� � � . . �
i � �, ' � ��, � r y �.
� ��, � � " � � � �,� . , . ,,� . � ,�
� � � .�, �k �� * �
i� .M ' �� � �,`
� �� �
�, �; " `� �
�, -, � �: � - � w
� �, �� ;r, �� , - +'� � � a,
�.
; ,, i � , ., . , . n � 1µ , � � :,r�. ' .
'� r- � 4,; � ., 1- ��-�
, � i
�
• �- � ���� i� � �
�
���►� �
his � re� er�t s all e�c�v� e by t� l�� of t� t�t� c�f �x�s �n v��u� far its ��restr�cti�n
d�nfarce ent s all li� i� th� c�uris �� �r�t�� Co�r�ty$1'�x�sm
EXHIBIT 2
., ; � �; ,
� f
. `1; � � �; � � i '", a �,
EXHIBIT 2
��� �.��'� ��� ... ..........e.... .. I � ,.,�..��. ... e.�,. �.�w .. � .�. a/x�% �° m..
2014
7'lil3 C��TIFI�AT� I� I��l1E� A� �. R� �_w...� �v_.
� �
�.. ... �. _� _wn�.._.......we.. .�. A k1�, E� OF I�FOR��7IC1f� C�NL� AN� C��VFER9 �1� tl�ld���7� 1���N °PIiE ���1'IFI��T� �i�l����. i'FiIS
���iIFaC�7`E �C3�S N�°P AFFI�P��71l�ELY �R �JEG�`TIYELY �AAEF/�, E��tJ� �R Af�"�I�� TFI� ��i��RA�E �aFF�R��C� �Y 1'�#� PQLI�IES
i��L�VJ, Tkil� ��R°fIFI�ATE �F I��llRAF��E ��E� Nf)T C�N�1°ITU°PE A��NT�A�°f u!!41�'9"�I�I�I� °PFI� 1�3111tJG Itd�llR�R(S), P�ll°T�f��{Z��
R���ESEN°T�T'�VE �� P�O�IJ���a ��� iFl� ���°PIFI�A°f� N�L��Ra
_m ,� pl��+����� �wroaa��,k�� rar���o+���cY, I� �C����"���Tk'�w� t� ��p��.�, �,.m.�
th� �r�rn� and c��nd�t��n���of th��p�lf�y����rt� ���a��lcl�� r��y r�qulr� �n �nd� _ _ ,, „� �.. ��.�.
.� �&�!�1�1,» I���NN�L�',b„ ��rea� �a�'w� ��abJr�r�@ ��w
p r��m�ni. A$�t�rr��nt an thi� ��rtifi�at� do�$ n�t �anf�r right� t� th�
��� u�f�st t�hal�sru�anc�$� �3c������ro�t �� ... ....... �°�� ��,r.°I76�5�wS�� .
��'��.�.�n���,.�� o,o.��� ,�, ew,;�.e���, ..w�.. T°r"��d�`�
�
� w 6a��a� � � 52 42,2� g�a;�q s�a� am¢aa�
� � � oo ww� � �.mm �o,��� ��.�, , ".�w�
� Y .., � '�e, � � � � � ���4� �� . �����
45� NcsrtYa.�ae� � Farlc�a� i� �J��v������rv � ����� ����&�� �� ���� �c�ffi�.. .,,,�,. eee�� ��_ � ������
��i k� 10 � nma.J��ua �w s�, ��r �an�u����� c ������ ���r �
� _ " � � ° . _ � .,�,,. ,,._
A�l��a� ��0350 9���da���r�;w;'�'�a�&.^��a���.�� 5���,����.�� ������� Tn$ 10�.72
e .. _., e,.,.. .. . . .. ._e .. . ....... . ........ � e ,,., , .
s�su��� ura��ua����w.�•����:��a��� A�cid�rst �nd I�d����.�� �223�7
L�c�ci��°ra ��cs��i�nc�� P LLC nr��aa���a��t: �..�� ..._ ...... ., � .. �_ .
g�. .
1904 I�adu���i�l �].vcia .�����rr.,�_...
� ..,. .
��it� lq7 pr��a�������a��...., _ e.__ _ � �,,,, �...._
C�l������r���� ��� 76034 ��r����r��_. �
�"+��"���a��;� ��:��'�"1ffi°����"�'�.' h�ti�MW�'�°�����°� 4�is ���I�I�N �N�q�4�fi t�,: u
�"li�� IS l'�°J C�7��IF� TFiPe1' �T�i� FsfJLl�l�� l7F �IV�S4�4� .��,,,�. �,.,,,,,,,�_ww_�»..._.. � ��ti..� �.M�.. �n�.,. �.. �� �,,.�, .��..,�,,,�.�w.,,� ,,,,�,,�. �s,�.
W �f�t�� LI�T�� ��L�JV� t9�V� ���� ISSUED "C°f� 11-I� G���IJCY�� SVARAE� A�OVE FCiR °fHE F'�LIGY PERIC313
I NC�I�Nt"�;�"C�:l.�� 1����N°1"I�N�"T'��Ckl�k�"� +�P�'� I�F'�N�I�tl���G���G"p ��i�k�' �d�' �d��N�'DN'�q�N�� �7A� X�h1Y C�N7F�P,�T (��2 �TFI�F� llMiEfV'T �dVITN R�SF'��T TCB VVNIC6i Y911�
�"�1:�''�"�F"I��4"T�� �il�u�" d��: k��ll�G7�� ti��G� N�«%,�Y I�I���i"�h9�+dl, "�.�4�w IN"��Y�A!`+d�:�a' +��F4�1�N7�I�w:d"a �`f YHE POLI�i�3 ��3�RI�E� HEFtElh! I5 SU�J�CT T� AeLL Ti1E 'fEF2M1A�,
f:X��LI:��C'�P�� I�I�dC� �C,1hJi"YdTI��"J� �'�I� ;a9J�N�l', f��d,.N�IdW"�a". V.N�?1�T�a �6i�VdM16�V 1�1�'"� N W�!1�'6� C3��•,�4 F��: f:YIW�IiL7 �'ti" pAIC� �LAit�S.
6d��� ���, ����� ... .. a�� .MS ��w� ,�cr� r� w � �r� L���v�
u P� ��� �s �e ��uc� �a� . ��o.� ...�.�,����",��"C."�i.. ���'�"���"�"���
��.�.�„�.,�, ,,, � . .v_.. _�..w_��. � .�.. ���@� ,�.""��! ...... , .��.R.,�,��,� .�w�.� �.� �_ w._ .�..�1 000.���000��
,�,� _m_. _ �
�������. t���aMp,�'w°� ��t�� s����t�zp�.u+B�u f , �
. ����� �����ts ..
�� �. C,4„k��M�M1&.l���„tlf�l, tiY�:P,I���.F��«V, I p9�d:bkb.O�R-'k' s�ei�B,91,;FS iFw nc�er�nr�V,,,,,,., �� 5d � o�Q�
„ ��� � /��/za�a a/26/zo�� .. _. . . m , . „ OOa
�" . a�vi�,l�araY s 1 000 OOQ
� � �ro ��ra"���rekrca��n��, � �kr�,���.re%� falai��6nand�p P�FdS�Nd4dL�waouti�auraae�a»�k � 5�
7C G�ratr��t��� ����] . T�� � . .,.�,.�, a _ ,,,,� . OOOk�
.a�a ������u�rc���:��i� S 2,000 .,.....,
.. „
���:ird°t ,�a:r�.wr����a�r�� o�o�ir���e�u�i�� wu::�.�a: � cb�q���,a� a �wa'srWga�d�°aa� ���a s � p OQ� a QOQ
� � a 4�w�, � � �� �nrr ° � � F a�d ��a�a �
Pl�1�i�ds�CS�dIL�..� �k����... oo,��.,�,� �,��m;,. ��,�� �re��������W.�,,�.,.,�,..�w-�_���� �,�,-m„aoo,��.�., ..�.��, ��,�a��. �V�ICb�fi��..M�ndNaWttk � .»„ ......m.��.
' ���, Lf�ILII'� d�� a rad�npY �'.
�''.... �PlW laR1TQ �(1D4I Y iP8Jl9Fd`P QF'�r p�r�} ...... �
�,�, ,. . , . , ,,, ,w „ „�,�..,
ALL CBWP6ED — '��U�IGV)�➢�_u`� 0.�B�I�B0.� 1@V�tl9��&� �ICTt�r �¢:�s�d�tuk� �� $�
AlYTi3S ...��. d�OAT'�9"�w' II , ,, ,,,,,,,,,,,,,,, , , ,,,,
, _... �������� . ,.,,�,,, �e,,.�m_„ ,.........._
��,, N'P�u'4J�R"�9�CMW'k�D��W'mSA+t�a�: �,
FiIPSE[� AUSQ:b �OLlr�D� !i �9�� ,�.1..'�.ti�w0a _ . �...� � , , , .... , _
.� �
.,..ti� w� .�„e„�a� �,���.� .....� , � � .� �,.�,�.._. � �
..._�..�, . �.�� , �o�
.� . ,... �-;��'�u �us�� �u�µs�c�°� � 4 � 000 � Q0�
i ������.� L��,� }C s�u�c�u��a � � . .
� � I 9��11) � w��n�r �F rcattlezua� G aaallwY� �Po��a�" .� ... 32°7440�2°! OOI...�,, �w_....., .� �/26/2014 A/25/2015 �� 4�d��b��,�ti �"��= ��...�.......0..00 �Q0
�xc��s L
......
� �a�'�u����a:� R a��au �rw�s�us,�z,� X �rn�av i aasrre � � �ca .
AP�N� Iwll�l�� �,o�IF.�k� � @�I�kB Vtt1P y� l k� � - . ,. . .... � .,
a�u�v o���,a fdic r��r�t� rr��r���°s�r�.xr ��.u��u�PVf g s� u� ��ha ��'���b�a^� s � 04Q ��00
�?i��,W�ro�Mrrr�s+.��A¢� �.��.� uc����� �..�8 �a� ��� ��u��3� �BzSl2o�.4 � 625/2Q15 � w ., �
�m����u��Y� u� �m�� ° ° e �., ��s�ase - Pc�ucv u�rru: E �, ��� � ���5
6�y������6 u�S�irP�6oru[�,� . .
� 4. CY9°�'R' PNw :68
V1�,�4�ddiVOW(1M,d�C:l4 fkP°q:�'��f@'�"di.4d��41�4�a'rrow' �� 1 ��($,�o�
��
''��.w. � .,....�_,..� �� �„�,�,,,.�.,...,.��....��o, .� . ................. '� ...� .. ....� ,. �.�m,.�..k�.uuu,,,.. .......... . .��,..,,.....,.�.�w.o_ ..��..,�w��,,. �. .........,,, ,.,.,.... ...,....��w,�,,,�....... ...�,.�..o,.. ._.... ....,
��$�R�PT9� �r �PE�4R,T���� @ L.��A'f�!&P93 I Y�&49CLE3 (Aflt�eh ��ORD "� 01, i.��tl�9�B R�a�ek� Sch�du9�, It �'e�a'� �Pac� f� ��9uf��d�
�, ,.......� .,,,. � ...... �... � .............. � .....� „��.�.��,,,,_e..... .we,. .... �.,, ...�,,,�_.,.�..,..,..._....... �..., ....,,... . ... ,........ ��,....... ��..��„� . ...�.
�.�'-�"� ���"Y��.�`$ � �, N"'�i�N..��'�"i'� ��r�k��i���.i�.,�.d�.�'��
�Bi�l1LD ��Y QP TF9� DA��YE ���C�I�D P�4l�1�3 �� ���CELI.ED ��FOFt�
°PFi� E��I TICBN ��7� TH��E�F, �J(3T{GE WILI. �E ��L�ERE� IN
���OR�ANC� WITH °(NE �C�LIGY RR�VISI�N3,
E°�r In�� ��s.c�r� �urp���� �xsl,�
, ... ..�eM.......��..�, . , �,� ,,NN.�..a �.... .�o,,.,.,..����,�o...o..,
�u o�oz�� ��������T�TOV�
�„�...... �"�,���, �•,�
���r.�.d C�7,3.in��/C I�� °����"''�� - "�
�4�C�q�q� �� {��������i,�1�.�... .... e.,.,ae,.. ..... .�. . ......w. �..� ...m..... �, . ����..�.�.�._....w...... �.� ��(�719�6m2010 ,��'�C)'����» C,����"����"6���'�,. �Il ri�ht� r�a��r�� .,.,,u.
�r �.
U@"��:��� u P?a7�tlRi41r'��� au1 Th� �Ce(°�Rft ra�m� sa�e� laonn �r� r�nia4arssai m�rka raf �(°f9�f1
EXHIBIT 2
,�� �����" � �__...���� . ...����..�.. ..�",�.......����.�.,,o�„A��,�� ���i�o�w..�e� ..� ..,,.o. ,�... ...�. � .a/x�l �� p�
� �..... ,....,.
.u�.��,...� . IIS ��S�DIWV� �� � P�/�"�If"I�� Q�� II�'�G�IGBVR���°tl6�U� �Pdll..� �M�� ��U��'IF�� �YO �dn�IMN'4S lJ'�?�� THE C�RTIFB��lTE FlCil, �R�THI�
�"P�tl3 �IF1�1f�1�0��'4'�'....w�
��I�'b"VIFO��°4'I� I��IE� V��D'Tf ��I���Ikft�'4'tl�I�U�'� �&If� P�I����`0'��IL�t �II�I�0�11�� I��'6`��'I� �� �Il..�'�� "K'�91F CG��I��E��I�, �I�I�����IP� I�"� '�"I�� IP�P�p�9��
IE3�V���. �'I��V� �IEiIFt'�"��`��q�'I� Q�IF tlUd�4��AeV�9�� ICD��� P�Q��' ��Ua9��°�'Tf�.b"�"I� ��AV�'YC���"U' I���'�If::I�N� '�'P•OIF V�SP,D�U�'� VV��4�If�I�IFBQ�p� �0.,0�°IFN��II��"�
R��RE��(dTA'TIVE O� P��U�ER, �PI� T'F4E �ER'PIFI�ATE HOLDER.
U�'tl"�f:���"��N�"° tlN` INwdp r°na�ta�i��w�a� V�a�9d�u� ��w �ra �I���fl`p��P�c�. �C�S�D�t��"��� ��a� �r+:;r46r y�k�r�k� �tn���t �p�r �mm�<ar°���9. If �9�P��"�4"N���YG��M�..tl„� ��ZN"�� ��4 ��u4�0a¢�� t�..
th� t�r ��nd c�ndltions �f th� p�llcyr ��u��V� polici�a u��� r�qi�ir� ��� ��ra�E�����o���. ��t�4���u�rt ao� ��a�� c�etiffc�t� d��� n�t �onf�r �G�I�d� t� tOro�
a.�..w�_ ��„ ch ��a�e�t~�rW�arN�A�arrV¢�� �_.. . ...,. �. ... .. .�
� u�uz� ����tat� h�o�d�d�� � .... �... �.. �psta „�,; �ret� ,�a� �,��zzan, ��
, o �r n �la o sta �.o ,�.......��..... . _._ ,.. .. .
m���a�t�r �
�wry . ._ _
� �da�� ��n,^��n��an�� �� ���,. ��� �°����xrt��. ��179 474 7601 � � w �rr ��v.ry a°a� r�xQ
9Q°l P� ��.�d� ff�� � � ��ri�� ���.����k��a� a..xxi���eo..�ti,� o,o.�,���lY�»P��a��,� n ,,�,�.� „�, „m.
�
�an a•�aa�� an�k.
ff•� i.��° � � T�
i�asu��o.
I�IoeJ.��ra ��o�ca�n���, I�I�C
1904 Indu$���.�1 ��d.
��xi�� 107
��11.� �l,l �]C
..
�
, �, ,:
�r��aJaa�:���p ���o�oia�� �aw��r��as� baic ro
.m. � .. . _ e . �
aaa��s���a,�����r��a1��s.�..,�"r��w���.��ra ��n����r��.� ��ae ���7�
� +�
i�su � � :
��..
vaN�a�;sa �: : „ ,
N... �,._
Nra����� � .
�
�,. ���, „ ����i iHE POLI�I@S OF fIVSl1RAiV�E LISiED �ELOdV hiAV ��� � �` � ���"���G��I IVlJf4� Fte
��F9tS�S iCi CE��. �mm�m�.�mmmw���FBTIFICAT�Nd�N�i�$�I� �014�15 �'t_� 6EEh! I�SUEDW�1'O T4iE�IPISl3FtE��PdP�A�lEf3 A�()VE F� ,�.,,� .rvrv�,,rv���Ww�N
Ff'CIF`f 7NA OFi 1'�9E POLIC`f PERI�D
IM1l�ICAiE�. PJO IiHSTANDIM1I� �FIY FtEGlIJIRE�Eh1T, TE�9� OR �O�VD{TI �F ANY CORfi C°f OiW�R � UP��N7 WIThI RESR�C"f °f� 1fVpiICH i911S
CE�7fFICAT� M�V �E ISSUED OFi AAAY PERTAIfV, THE IPVSU fVC� AFFO�DED �� TFiE P�LICI�S �ESCRI��� IiEREIN IS �U6J�C7 TG7 ALL THE 7ERMS,
Ei(CLU518NS Ph1D COFJDITIONS �F SUCH �Od�IGI�S, LI I°fS SH�VUPJ h1�Y NA �EEP! RE�UGED �Y ��ID CLAfhAS.
�Y�& ��� ,,,M . �o o �, �"���. ��4�� I��.�., ,.,.� . „ . , , , I��k R�%Vx �F Nk'�' �° � � m ,. , LIIAfY9 e , . . ..
�� A n9� o ,�„� � r�^�� crF ium��wr��r��� �'��� "�9��" �e�ucv �ps,►��.� _� � wd�iPs�?����"�"�","��. .1��.����.���"�. �. �.�.��_ �
��P@�RPeLlJdl�llli`f �" ...... �r0.,iiaFR G�r 9 �PWGU�4ria'�N�`�� � � �u.. ��• .. ..���•
.��, I C'�NU�'tlt�Fa'�;tq,".';1.+6.1 t�h�d'�Cifi�Y�M4 I I�tll�p,.0�&`YP I�dy`�MElc�,f� n�� .,. � „„
fN�w����i"m1� "�ReI�L�Wf �nr,seY 1
a � , � �, �,. _ � ,.
. _..... ,.�CI_AfM9-AA�Y.7�E �,,,,,,,,,,,�C1�CUFZ NPoEI��JCPdfinVon�Cssr.�euhl ..� .,.,,,,, .
r� . .,. , ....� ...,,,, ...,,,,..,,m,,,
&��b'x�{{�drM��,�lY^u'8P�1,�41Nd1" .._ �
e �, m. „ � �o . .e ,,,, , ....... .,, � ��
C'EWIE:FZPoI. ��GGtli�.63F�'PE ......... �'
. ,,, _ , �... ..._., _,,, �.. , .. . ,,, ... ,,,,,,, . ,.�. �
d°�°p��Y4 �.axi,.�¢� d"��,�Ci� LIANIT A�4 ��f !�°.0 V�IIMP� �°Gi��U�i� CC19J�'6�(06' �G�Z..... �u
� B��D- . , .... , .,, x .�.
.�B�r¢9pd �,�..,�.��.�N�.��„�..,�...W�0.S:k.��w�.w_.e..... . ..
n, �, ....... �,�„�.r,. w....�.. _.. ...� .. ,��..�� ,.�, �.,� .w,,,,aW.... ,:,m..,� . � _� ... s.�.,
��,� ��U���' �P��'� I��" Ifl�"' If.I�NU�O V� „�...,,.,m�,..,�„ f� � 8 ��
�
aaaro�so�iL� a.i��s�evv i ��� � ?� � �
� F9Q�411rOBdJQdPBY(Pmr�erswr� '� .... ....� T
". �L�QWNd�Y.1 �..' .a�V9�If�Y1LF'.0 �� �,�99�1.1 �/25/2414 .�/25/20�5 �CIP�IIb11N��PG��(G>�r�cc�d�n(g.�..$ ......
dtl1TG?3 f4VYiQ5 ..
� t�IV•4DGVNdE[? 6 �pd�N�k �u9'� N.A^��' m� & .. � . �.,
� �u��� �uircr5 � i �trPa�s �s'�r �ww.^e� �m��� . ._,� ., .,
„ � _���
c iea masiG � . 500
n �o..,wi �,« ��� �,,..,, �. .�.... .�.,.�....�......�.�.. ..�...v.ti ..,�� �. .���... � ._._. � � .�.. �
UM�RELL� LIA� O��VJUB I�ACH OCCURR��VJC�. �'�
.. �MC�33 LIA� ,.., �, , �,,,., ..... Vu ; dYMi,S!II. .. �, � ... .. .,
� S•l�A�uP71E
n�r� ct�-r�e�ri�u�4 pa � II� g
... �W�'d#14�8'� �A��W�I�Pa�$ftl4':Y._ � C,`LNlkd. .�.�.�. �o�..o.,,�., � �,�om .o��,,. .� .. .. „�.,v,,,,,�,� ..� ............ ...�u�,,,,,,,,,,,,.�„n... .so,,.��� �uo.000.,,...,�.�,.,,�,»»»�n...�,.„�
�UNG7 � G STATU � U7H-
l ORY I IA1[T9 . ER .. ee,,,,,,,�, ,. .
�If�IP6 dDb'�V&S I�(AI906 Y6'W' —
A�dY' I G�t�,�R 1�66 C��'�rP�+�B� �Nd�S���"�mY_C.h�FP'��9: � V C�hl tli P1t l 11.hy�.�Y�" �
V�d^�'�IEi @ F'G'"dN.S,�N6k„'� WWC l ilq9�� X ,,,, Id! A .P. .. ,_,..,. �. . ,., a�
(tl�S
(f�i'��b����&��a�', Dpv I�f4� � � I �, V, q511�'rIFdR�wlh. iho� � Vw6M V d�hPL d.. �
➢tl r¢;vYt r��mra,�IYrr�s�c�'i+�i�r ,,,,,, . _,,,, .�_,....
Wb6' ud' tlCllt� I IVJC�O �'�Ih° V},�"��.,�r�T1C1h� A Vru'�a,evw If .LL o I�D4:� V a� alf�. - G"�.7V.fIQ N� �IM�Ntl .... p
..,,.„�„�,. _�, .,,.�,.�,.,�,,,, ...,:��..,�,�,,.,«�.�»,.:.,,.,...,,.�,.��� �,�.. .�,,,..u.. ........ ... ....,,,.,....,.,...,.,w.. „ . .,..... .....,,.„, .,.�,,,,. � .�.��.. �,. uuw,.,,,,,....,�,_ .....��..... �,...�..��,,.� � .. ..�...._.... .
„ . .. .....�.....�..
Ip�9�Vt4�1f0� �G� P�I�IEP�ATVRD6�� f��w'4�4D�4� ��.F,BdV�9�� a(PakflacW ��CO�YI� 14b1, �,��@Gv¢v�0 6��t��vs SrcPum�iyPm� UPraa�� �qu�ce a� a��rcguVu�rt�p
�:���u��a��" a�.��" ��a�!a��:�tt°u¢m�
♦ � �' , �� � . / ,' � � ,s, � ; , � � , � '.
•- � r, s- �, . � �
♦*�,� .z,, t�� �
�a�aw�¢�o�z�� u���ra�s�v�v�,�u�w
�,
w_ . ...�.
��`V��� 25 g241d'N����� �i �9��m���� ����tl� ��,���"���L�'���N, A!I �ight� r���rv�d.
UV��P��� ra(��P4it,i m "�'Ihaa �d".�"61�U"d mas�uwu� :�we�8 �aare�re a�� w�ana�9rsir�a� ure�e�w�r� aef �6°"d°dU7�7
EXHIBIT 2
k, ,
�;
. ��
;,
�'
r +-
�; k �, �.; �:
i *, F
I, '%„ . `; '�It ?,,
/s ,a :;`; „s;;; , „'i;;,!`; ; '";;;: ;;; ; b ,,,,,,';, ;!i ,,,;';, ';;A J
�;�' i,�; _, �s1�
r�r 1; s; ; /'
I`; �; J Y', l J; �; ✓
�, „
f;;-°;; ,'�� , ,,, ,;,:; ,� '; _ ; ; ; „-;, '% t; ,,; !''; /' ; ;,;�,; 1,,,;,;; � ;"� ' !;i'� ,
�
� ,.,/, / %�` ,l;
� ',� ; ' / ;/, `
s
, A „E„ %ii "';X � � � �; ,�,
;I "�l';1 = � / i/ , / ,'/°' ,1�; ;1�:
I;;;,;; r ' m ;," �;:;; �;; ,!%;'';;'r;
/,_, /„;
;f„ '�, ,J; r, ;�/;
„� i;; .�.� ,� �;; ,� s, y ;r ; r; , �';1;, ' a� ; ;;,,, q„";,, / ;i; ,..,1 �;; ",. ;, ,,, ;,�
.
„ ;
, „ � ,,; ;; -„ , ,i>
�;,';�r„ �sr;;,.,,,,t ,,,�i=� ��;;'. ,;;;�' ;,;; '�; ,l;;� ;,;;; �;# �;;r,
�
, , , „';;,� �;�r;- r;, ;;_,� ; li„ �;;, ; ys;% ''/%�^
!;
` ;� ''= si= ,'ilt, � '� ' s ° �`€',.,; ' 'i� i, '� ;rk s', [,?_ , ;, ,;, �;,,, ^ , ;r „ ,i = ,; ;
t; ! ;
'� r; 4�-
, i " ;i ; 4 ;�I'" ' i
' ' �;,�; ;�., ,�
�; ; , �; ;-
� I�I�rne as �ddrtior��l ►r�sured th� �zty �f I3er�tc�x�$ it� (?fficials, �.�ersts, �mplc�y��s and
v�lur�t�ers,
. r �
,,
* ,� ; . , � , ;
,� ,
EXHIBIT 2
�� � , �.� ., � ��: � r , � � , , ; , , R,,
�; ,,��;,�-�. ��, ,, �:
, ,. , � . + . � � �. +, . ,, • �
, ��.+• � � t�, r s .� � .,
�° r • ���- � � � �� � �� . � �s
� � a � �i, r. ,�
�� � y ..r . -� �.�.�� i ����►• ;��� �! � ,�..
a- +���wx, 1�;4 � ' + � �;� ♦; r" � 4 M,..
. ��, "' 1 � ,� � ; � + - r 1� : � :: " M�� '1
+"
� . • �' 4; � 11 , w
�, .. . , , � . �., y . , , � ,� �,
� i f, c ,, „ � r ^ . R ' 1 � 4� r _ " " ,. ' ,r
, "' ' ., � " � 1#� ` 1! � ' # " "' ' F + � ' , � . ,. �, ., !`
� '1 l � ♦ � Ai' �.# '1-.
�, .; � ,1 4-, . x ;� ' M: 2, . 1�
� . ,�, � � Y, , r w
' f'/,' /�,�1; ,/','"/� ';�1' , "I ; l;, �, I' ; ' �Y�, '!„ �/ ; '/�;:,f„
"�'>� ,� , , ,,, �" � �, , „,,, ',, , �, . ;'; �,�, , „ ,,,,,, R �,,, �, � , • ie ; � ,'; r,, �, ,Y l / ' ; 1,,, I �
�7 ` J'; � / � 1�, a'� �/„ /„ �;,, �, '�, a;.- 4 ,
[3C] f!, �e��r�l Lrability Insur�n�ce
� � - .� �. � �..��.r.. �� , �.� �- - � �� .f") J -I-. �
�, .M � ;�.� � . ..� rs �: � ��
+��. ��:���. ��� ��� .�� w.� �� �� �� .�-
*�;
� � 11� � � ,�.
� ;� � � � .�� w ��� ��., � x��� � .� �� M • ��� �r� ,. �
�.��., �, �� ► � r.� � � ��M � �.x
�. ;.r� �,, ,.�
� 3 �"� �-�r.
+� ! � . � �
� M � + : �' 1� * ;}
M «� l�1�� '+ +�`
� a, �"� sa° ,,., , r �� �� � �w �_, �r �+ : r
� � � �'��� ♦r°� � •� r- r� � � �. �,� �.��r* w,� .�, �� � � ���,
r � , � : � x �• , w �a
G •,� �� a� ��� ��� ,����� ���� �� �� �
r�� ��. .� w r �.� �� � ��'� r�,. .,.
EXHIBIT 2
rX] to o ile 'ra ili s ra ce:
1 ��. 1 Mi� �� � � ��� ��.r � "� '
� •� I'1 II I �� � r� � �� �. � ��
° �. , ,. . , �i � , *
� r � i�♦ ' u♦ �� ��w r ��` �. ; .�
i #� ' �1' . ( 4 ..I�f .: f �1 -y .,..... � -1i
4 ...; � t.... y ,;.
.i .�i i " rffi ,. .� _. . ��«. . i♦ M� . If ` rii� ` ��-��
f �i
.. �:' f �� � f � � ,.;" 1 f f..... �"::.. ..
[X] Workers Compensation Insarance
. . . « . • ,; � : , � . �. , � . - ,�M � r
� , M `�K 1, i i 1
� 1 N ��; w 5 �M' ��� �� �� 1' �I 1.
'� M�,����� Ni� 1 �;. i, i1 :
`1 f � w
, � ' � ` 1 .. f ' ' .. � i � ........ ' • �'. y . �.... ��. .: ��, � ��� i . . , .. . .. � � ',
� r M;;; � r � �� r � �, �
. . - ; � +. � .�1• 1�� � •� � .E� �w- ,� � ~� � � � I ���
, � � � �- : � � �
1 i A � � ` �� � r
• + ►� , �, � � � � - � � . � � �
� . . �; ��, ! �� � . , �� � r , ` ♦ ` - .� � � . r � , � .
��� � �� �r- �, .�«- �i � • ► � � � �
� - r � � : �4� � ..� � � ' ,�• r` � � �
i f� �' "1 K� 4� �f. � �
� .
.� i `� ��r- i- ' 11 M�I fl �w ��,� �r� �� �;
r r�� �. �._� ��� M ��- - ,','�� M I II I I,;�� .� ,
' °�7 t�� , t� j � , ,:
� , i�� �. . � ..1 i I i w �,, , , . . . . 1 y'. i M i�' / 4 . .�'�. : i '" f "'
... i� 1 ' ;���� �
f .�... i � .,, � . � ',: e � ..,"� ' . ' :�. M ' : �� . 4 � '; � ♦ �,. y i�. �.
f; ,
[X ] Praf�ssi�r►a[ Li�bility Insur��c�
' ,�t �� 1,4�t' �,", �r�� �
,: * w � ,
4 +- -
�]
m
�
�
EXHIBIT 2
ii �t°s° rs t�s e°� ��
+ 1 �� � � � �,. . � , � .,
�+ ;. � ; � :{ �.
� �;y.
Cox�am�r°ee�l �rirrt�
i� ., . , �. � ., - .;" � � .w�^- ��' �. . - ��'�,�. �' �r t a�
' ► � �. .. . �. � , � �.,� ,. , -, � �, x .. M- �
.�r �.��� a � i��, rt� �
� � .,��,. �: � ���� � ��� � � _ . ; ., � " , , � , � �,
y �.
iti�r s r° c�
�, �. .� . ,�i. �.r�;.;�� + .�*
: . � ,.. , ; ,11 � f, „7, ,, ,.,� ; 2, 4�; �.;�; ,,. ' r��,
f` '1 f, l- L L i�7 �<
I A� �'; �4 t' s u `� $, M� r' 1�, �, ��� ,
,:
� �► ' r""ii%E��
� . ; . �, � � � ��� . � � ,�� .
�.�; ` +�;� M; ��� '" ��� �- � , �-�.rt��:
� . ,; � �� w- �� rt� ��
k, x , �� 4� r,
1 , � ';- a ,� . i , �, ,�,, ,. �.,, �,� �- �-,;,
M ; � , . "� � " ; "" �
i� ; � ; ! : . � . '' ` '"' � '' k , " , , , �' y .,
# „" ' � # ' , " #� 11 � � �,' , � 4
��"�,1 4 "4 ��
� �; � + 1�►� �'�� �'
I�' � � 1 M;" ., r , �;� � � !
�' � �i 4
�' 4'; M . � �' � 1':
� � , �� � � � , '� � s .,
t" �i�# 1!� "� 4: 4 ��
! !" 'i �" �;"
� �- � �p �" '"� ,! �, �;�
'�: i-" '� � r�F � A. , � i.��,• ,. ' ", r � - . �? "^ s
.�. x " ' l�,� �y - •;� '' i e #�111 ♦ ,
, �� � ., �., �,, ,, �." �� � �
EXHIBIT 2
, T' � c�r� ac�t�r sh�ll ro�id� ���er� �, �������I ��r� �rc�����° �-���ra��°�ror��, ���" �;�.��������;:�t�a���
cod�s ��d p�yrall arrsour�is and filira� ���`�a��� �er�.wm����� M��;���:.������s����„ �w���i��l� �.��������, t����
si�t�ai��y r�q�ai��rr��nts csi �`ex�s I..ab�r ���a���„ �� ����������� ���� � �� � � ������� S���s° ��n�� s.,���s������a��� �
c�fth� ���ir��t�rpro�id'zr�� s��ic�s �� ��k�� �:kr�����f� ��:��:r�° t1�� ���.�d����c����� ����1����� ���°�����a
Co T`h� ��niract�r a�ust pr�vid� ���rtiGc�t� of c�v�r��� t� th� �c�v�rr�rrfl�r�t�l �z�t�ty
riar t� b�ir�� � a�° �d i� co�tr�cts
, � ,
�
� ;�- �
� � � . � x w,.�
� � � .,, � �,� + � ;� * �
� , �, , � ., ,
� � ,�., �. �.
� �, ;� ., ,�, � �
ti
� ' , �, a, � � .
2s a��� l�t��° ������� ��;.���� r���,y� �"���° �°�.������� ���+ t��c� tract�r, ���� c� ific��t� c�f
�����,��%�°���� �1��'��ra� ��������i���� c�fi��av��°c���;��� if � ����r� � �ri� s o � t �
�,�ar�°���t ���•�a��c��i� c��` ���ra������� ������ �i�����,�� t � �r tio� �f � ��j��t.
�. ih� cc�t�tractor shall r�t�in all r�q�xi��d ��rta�cat�s c�fc�v�ra�� f�r t��e �ur�ti�r� ofth�
ro�ect or or�� y��r �re� �r.
. h� c��tr��tc�r s�11 noti t� ov� � t�l � tity i� �tr y c� i£°i� ail o�°
p�r�o al elfvery, �vithir� 1 ays a er �h� �o �r�ctor �� csr s c�t�l av� o g�f
y c � t�t atez°i�lly �ff�cts t� rovisio� �i v��a ��f � y �rsar� resvY ira�
s� ic�s � � r�j��t.
, e�r�ntra�tor s all osi �s� �ac �°c�j�ct sit� � crtic�, i t� t�xt, fc�r �r� er
pr�s�ri � y t� �xas �rk�rs� Cca p�ns�t�or� Co issi��, inf� ir� all p�rsor�s
rc�vr i s� ices r�r� th� rc�je�t t�t �y �r� r� ir� t� � cov�r� , ar�d sia�� g
h�w a�rsc�� ay �erify cc��er��e r�p��t ��k �f �c�v�r���a
Ie T' e��ntr��t�r s�ll c�r�tr�ctually r�quire �a� pe�s�r� �it w� it �or�t�a�ts tc�
pro�id� se �c�es �r� a proj��t, t�a
le rc��i e c�v�ra��, �s� ����� ��c�����:�n �µ��a��������, ���" c�ssific�,tio�� c���o��aw� r�:���� �����°��l�
a��unts �d fiii�� �sf ����� +������:�.�.��X�� ��,��:�,��'��.µ:r�ts, vahich ����.���1:� 4��a� :�t�xt�����°�
r�qu��� �r�ts �f �`exas ��N������a� �,�>�.���� ���������r ��'��, 11(4 j f�r ���� ����" ���; �������������r ����
pr�v�dir,g se�ri�es �n il�� pr�j�ct, �`or ih� dur�ti�� �f tl�� pro}�ciq
2. rovi � t� th� c�rc�r��tar, ric�r t� t�t ers�r� ��� ing ��r c�r� t� r�j�ct� a
���iificai� �f co�er��� � c�wi � that cov�rag� �s bei�� rc��zd� fc�r all � p�c�ye�s
EXHIBIT 2
�� � ,� � ��:, ,
+� :; � � � , �
�. ,
#- � 4 :: R
4. �abt�ir� frcarn �ach �th�r �p�rs�rc with vvhc�rr� it �cantr��ts, �d prc��id� to th�
��r�tr��t�re
ao a�� ificat� c�f c�vera��, pr��r t� t� c� �r p�rsor� � i i ��r c��x t�
resj��t; ��a
� r, � . , 1 � �- r t � t, �,'
4 �a ��,� ,� h .
M, �;
� � *' � �
�) 1:
*1 , !Y I � ,,., ( , i, '
� I � I � i l i
, M !, . , �' , , ��' , , f( � „ , �, �
is, •,y ; � � . .. l �
/,i ��,i ,.i� � ; � , �,���„ � � ;
;E'if ��,,, "«" � ` �', �'
� ' + 1;
�, �.� M�� �' ���
�,
� �, t; � � ,
*, 4, �, �-
�, . �, �
�
, .. � , � „ , ,. � � ., � ' ,� , # +� �
i` : `,'A r� ;. � .
f #,
� , �' �, , 1 +� 3 - � � �' �
�', # .r 1' � ,
� �M 1; ; � ' ,,
: 4 ' �- 1
s li # . ,
� , y � �.
EXHIBIT 2
��< , o ;
�� � i �
, ,, , �
„
, r„
�
�;, �
� � �„ -;: �, ,. „ „ ,„..� , „ �, ,..„
� � °m a���° ��fi�i����('��r'�i��4i�1���!�
d ➢�
. ... ,�i
.�.. � � . �III�
EXHIBIT 2
�b4� �� ��a�4�u� ��a���a���u�g
so�-r3 r���� aa ra��a�Y,� �u�� r�z��
i�&roc�urc:: (��80V �Q�•'N 86JCi U=�m: �GB��y �4°�-73��
s��,�u9 u�raa�r ��4�Si .��r�
h,
:, �; w �
� �� � , �
:����w����������� �.����
lVa�� �� sh��v� �n yos�r inco�� tax r�t�rrsa �'��m���� . __..
� �` �36
1'�x f�fS��i�l s��c�r��y#o �� ���9. �
[ i.'� { ; :' M �. � i':f.[
; * i r � / ;", .i�-; � , ';[�[i , ; f, [','k ( „�,;
„ y
i�1 1 , �, ' , �f" X,
�� , , � ; !,[, ' *, ?,y i��; %
� � � � � ;� � �,
�
, � I� ,? , , v ;
►; r
,, � ,�
� ��; . ��
w:;, �
�a°Um���� U��a��.__.. ���u��ft�� �� "Il'�� s�
�q�ku�i��➢� ���a�������aMWa���a kp���� P����„r��„„ke���a„�V 9aa��,� d����N�b„��B�rM�w.�����4d,M����,1��
�����r�t ��. �,.. � Gorp�r�iio.�,.
� r� � F��rin�rshfp
P
M1AusB d�sfgeaat� C n� �a
❑ �
Ex�mpB �
�"d.x r�;;ar;,
�tBn'rra��� reJb�a�
7ypr� �� �u��miz�ii�c�
�;
�anoi s �r�ly (A=
7y
*„
Eqaaip nB
�] S2�n1aU4 cs�asn jAa9}
Meech�nd4 -
❑ Cso�ds �re9Y (A-7j
....................G� r �a� �d ��Pr�,�a 4�� .......
��JI E�9�1�
�"� Pur�t����?„�@
(� ��rnal� C3vvned
�
, ; � � a,,
Lirnli�d C3th�r
Liabifi� �] F'I��se �p�c�fy:
��rp�ratl�r�
� FtCaY�llio� (�•2$ ��
R�s9i�aUii�alth C�a� (�-6}
M��chandis� b
S�rvi � (A�7} � ��'���p G"�rr����'�4k8s�ru�a,��r
�� Ntsr� f'resflt ❑ Fi�sl�r����ly lJr�d��e�flia�d
�a�sirs�ss
�t3�6i��t�ar� af a U.S F��r�a��s-Far F�d�r�l T�� pr�rp�s��, you �r� ct�r�sid�red � U.S p�rson if y�u �r�: (�J an �nd��idu�f wh� is a tl.S. ��iiz�n �r
U,S. r��idenl (b� a pa�4nersh�p, corp�rai�c��, �ompa�y, �r �ssoc��@icsn �r�at�d r�r arganiz�d in lhe lJr�il�d St�le� �r �t�der th� I��as �f lh� I�n�l�d
Stal�s �cg ara �s��l� (olh�r ih�n a f�r��gn �st�l�y, or (d� a d�rrs�si�e lria�t (�s de(�r�ed �n �,�gaal�tions ��ct�a�� 30i,770�-7�.
C�� p�g� � 9f2362Q11
EXHIBIT 2
��„�!�„tl��,a�,�;,a�,a�re&6�u� ... � O��c� W m �- � �ron
,�.�.I!�m.d.�...��.���!��i� �a�..a�,iii.���.i�:�.���m�m;�,a,�rm...���;�"���
�, � �m°�m��������m°mma�� �lll�
��a�uwu �Tai�� P����u��. ���.�m.
�aam�roV�rU P�'�uimo�: ����riun��m So "��°a�u�ira��m
��a��������m: �..�:�. ���� ��k�,'N��
°.�����Ir.�u���u&���: "�°:� �����;�
�n'���I: � na�� °6 aa: �''.u��.� •�t, � `ao� fl ^�,a�. °w �`a
p::n�raro�u� C'�a�o�mlo�sr: ���„���.Q���
U'';�� CV�i�l��a d���„��,3,�.�a�3
�u�" � �ma��nu��� 1�����lla�u�h
Fe��a I�auu��urog�, � � m.�������'""�
�u��uB.��� IIV���mar� : lb���I� ��uroY�'�
+. 4
� �,
r
��
�h�r�� h9ur�b�r: ��� �w� � � ���
Fax Nuntb�r: 6 Zm22��1593 e
I � �} �ulh�awp�� tMre� �6l� �r� �����ro�� ��a d����lf
p Yrr��n t�at�a tl�� r���c�qr�p ������@ 11�4��, �h�
aat �rlty a�ra�r�Nrru� �r� ��P�at t���qJp i�a� �49C� ��� q���tot�
h�s r�c lv�a1 a�r�t4�m� �r�ql�k+��ti���� fr�wr�n �ru� r�l'
t�r�rafea�tloa� In Urei� t� �Il�w ra��sar��bl� opp�rt�enity
tca ��t on 18a �r untfl tN�� C�N�� �[ a�lor� hac a��nt �
wr4ti�n notfc� ot ���R�r��rvB�r���� � �p� �f ih� apro�res�nfl=
�" � � i
... � "'^�" � �
�J��dor �d�����u��R���� � .. � � � „�.�„
���
,n a � �u
� ,��, � �. N� M .:, x
Prtral�l�rur�l�tt���±���^snk���!�"� ���m��ai��H�w���6��aR� ��:�
�, .: •;
L6�4�r���e�l�����l�a°���rlC��lnt�r��k�tlln�tl�tl�luv�� �rr�anq�ce�n�v��a��wzw��m�����"��wamaa���d��'�c9�u�������'��¢4�unw �ua�wwmaff���a��i�ari2�s�rrm�
„�o �,.�.,.,, .�,�..o.w,.s�.,. ,,,�,A..�...�a,....m..,�_�..a �.,e.�o..oa�. ..� �,.�..�.�.�..,��w;aa�. �,,,��,w�.. m,. a�..,�... .,��..�rt,� .,.e.�,.�eew
... � � .,�. �� � �..�..�� �.,��.�"�h�;a�� d�4��a��w���a�twum���.,.�.�.....s»., �,.� . ......,. ..�,.�,,v_. ..�,,��w�d� �u.���..�,�rutre�N�u��il���t�.���,,,.,.
�to-�u�r,u�M�,,,Jfv,"a��it�m�ava�w��'�rc�w�� m�aa �;��G��,�aroa� i�ux� ,� � u�w w�uu� ����u���s�a9w�����ie �u�ti��'��au9"ma� ��a��m �na����s���w �u�re����.....s�
��i�� ���a,� iraw��o,@ �r�u,��ow����,w�oiium�ot����'����m�n�ire�,",�,,,uuir��^�tlo�ia,����������µrr��a�uN,�'��uu��,��� wi�����...������awguR,if��tl�,���� u�u��„�awru� &��uui�4��uua�qs��;d���,�,��upiu�a��.......,�� �
IYm��a�;�NNiti��aara �',��iiGW� �����i�� �ari� �m��{�roum�l��iva�a, rVs��i b C gy������rm�� '���Gaa�ro �iurMk� �I��,ipa�ro�w�ml�r�a �.�����k�u�Cmm���m�r��a�u�u�ar�a"��.�1'�� ���,��bap�7di�,u."aH�� �,myr�nw��au��au�iu�uN�,,, ,�.,.
u...,,,s. , �....... � , , �,,w..e..� ...�,�,,. .. .a �.., � .��d� �.,a,�,,,ow �,� a ., �.,_ � u.A.w.�,...,. ..�.� � �o�w,.m
�"�w�� ;�u��fll �'���� ���w������ I��m,�������ewr�� ��a� IPUG�� �'�����A�� Sn�.0 ��¢�.���a���
���� ���w ��� ' ������������ ���� �,�������������
For Int�rr�al �� C�ra�y
�V�w �(�ndor
V�rsdor �hang�
��furad
�equeslirsg f3�p�rtn�en�a
����r�Una��n� f8������rrv��Pi��s Ql��a���� ��mr��P �....._...._......_, .
f���AUClh�sdo�� �i�r7�P,i.�a�rcs
Ver�dor 9Vurrrb�r �� ��� �������
�
�m��wmmm �� .. ..... � ��������^.�... . .. .... ...m�owa�Mmaar.... �m��a��w��mm, �w�wwm�wmu�o .. .. i . wuu.nu�u�o ormnmma%wwwao � . wwu�u .. . . .�� Nm miomr.� w�uwu �.. ...�o�u
�,��y �,��� � sazsrzo� �
EXHIBIT 2
.�.&�"����.����f ��III,.�"R�".VII:" �
�f���������'J�C" �.l��l:� �;::���. :�"'�C:.���,.��,'�."�Ea� �lo�i�����'�"���11�1��.�:��.:1�
�C o �^"� ����a� :
������a ���������� ���"
2� �.�ia��s�:
� ���m���°��� ���d�� h���� ��"Y
������.��� "�'���� "� ;'�
�, "]C"�� ���� ����
������ °�3�
�a l� ��� �.a����s� �o�°�'� ������o
I� �a � � °�� �� .
5A �����b� ��d���a
�ro�n� ���as���r���,�d���
�� ,,.�°������.��a�o
������ m.�.3��
�� ���. "�'��� � ¢;��„ 4
;�„ � .
���� ��:���3
�,� ����� ����na��sa
�/�
�4 ��,� a�,�d���u �A.����
�:a���� �..��1����� ��m°��°��m�m�
� �. �a�� �����u�ns���
��m:��°��°� ��� 2��.�
� � � �°��� � �a���� ����o
�J�
�z� �����`���s, �u�a���o
���
� �, ���a,������ sr� o
�f�
��. �����.�:���r �a�����n����� ��a�tt����o ��� ���Z�
��
EXHIBIT 2
� 5. Il��r��n��l� �a� ��`�r�rr��
I���a�� ������ ��s���s�lb��r".���s �?�Q;kb �k�� r����ra� �a�° � �Il� pw�rrw������ �� ��k:�v��.
���mmwn��m SW "�"�ra�m�murnrn�ry ��m�� ��4 �"��-��1'� mm �iiru�m��.���
���u���� ��.����
�'D��m�Ill �cv�av���re�����un �a�"�������nc� �a����a��n� frri������
� �o ����r ������u�mi�lf ��a�8 �.����a���i�����a��,
����s� d���u� �°�����.����.ni��� �w��� a�� u���� �a�` ° ��x �c�� ��a���a��fln
��:�;�m����m �o "�m���a�� ���� ���� ��-���
��s������ �� ����°f�d�� ��°��,�� �������
'�' �m��,��fl aa������� ��aa� ��•�'a��°re� �� �r�° �Iln� ��p��k.
���m�m�� �C..flgy ��IDmw����� ��� ���°l�
����,��""�° P�.�n��� �D����°/� ���� �s�u,�°�n�� ���u����
°�"��k�ar�����. ¢���� �rr��Il p��a����b ��n���
Il "�. �"��u�a��° ��" �����a�na��� �ro� �����a0.���,;
���������� I�a����a�� �u�` ��� �� ,:�.s4��
����'��:� ��m�����s��m�l ����r/
�:mm�in��i���m����� ���������'��,,,��"
���������arm���r�m���m��lll �����m��
����m��mmmmm�:���� ��m�mma:�
����".�±��m�m��w�mm��r���� ���m���.�
���mmm���������
R�e ���+�.��s k��°�v����a� %� �`ri ,.
�����; ���°a�,�� � a�����N�� ������ ��'��1 ��,., ".c�� �a�aa�n���9 �� y��� �b�..
�
�➢
���m��l���u� ������°� S�m°����— �aa����»��� ���a��u� �����ra���sy ���.��a�� ��s��a, �:.°���n��
��R���°���a�r� :�v����¢�aa��� lM��arc���a���. ���a�.� ����„ �:���nsy �� ��A� ��°aa�„�a�n �u��a���� �.� ���ac��a.��„�
�°'�����: ������u� �����„��x�n �.��acr����
�';,�ro�wm°��mium������ l��m� llC�u������c� (l��u��� �. .�; ���.s, ������n fi� ���� ��n������a���a��, Cr������kn������ ����
ll�.���i���� :�fi�.:�° ��� ��n�u.�� �.�"��u����fi�a� S��°���ap.�t�;, ���➢���°a���a������°iS������ �'����° S���mg�la�a.�
��� �Dm���ii�� �N:����m��m�mw,�— ���r��ro�q.�tt��� ����$a ����v�d�'���4p��s, sIl���.... � �..�a����`� ��s�����m ������„*�
�attua� �����A��A�ffn1 �°��i�n��r k�a��� ������n���p.�, �;���a k����. �a��a��:�a°�ffu.��,,, �..,���c ��a °�a��. ��n� ����a�rr°
4%`��re��° ��@�m����ma �,� ����u��m� ��a.� 1�i�����6�r� .,,,,,. �'��ro�fl �sa�a�n��� � �u�� ��,�°�:����n�% �'��Il� 5������
���� �,w� ��pr����zn�z� �.�n�c���na� ��a,sQ�rr� �����ii ° � ��.s���i�����a�.a �3�au;da����n� �H����tna��� 1C���a.�
���uw���M�� ��^ffi�o��u �mm� J��;��m���fr��m�....... I�����R�ar�r� �� �°��uu�� N°���p.�r����.1����b���� ��"�" �&.���aa��r��
��na� �➢����°�,� �fl.a� ���a�e9���aas�n� �w�nri� ��� �'�a�r��s�r�C�� ��������n��,d �P��a�u�a�� ��c� ��xi�����srn.��a�������v
�i���� �°urr���a�������. .����, �Ra��a�n���o���� s�n� ���nY�°�rr�� ��rr���� ➢;�s��
EXHIBIT 2
�9. �ffs��`�^s��a�,��fl A,a�.�r��a�� �"�r������, �:�°�a° �. ��aASSa�s��, ert.�.
,�.a�rt�v�air�� 4
���,���6 ���4��➢d� ����rou�����al. C°i�rn���Q, �'ma��'�ss6���p �..i�bKVu4yy �sr�kr����r� ��V�r�¢a���
�`a�� 1����n�°�r��� � �,���,���
➢'�a�s���➢ �a��p�.� ��,�D�����D�
C��aa�m�fl �.��n°���A� ��.,�DQ��Ds�1��
�T��am°��0� �..���#���y $���Q��ad1��
�.un�an�n����D� �,��l���ai� $�,���,��fD
2�9. W��°� "�°y�� _. ��s�tt��b�u��a�a� ib� ]Pa°a���a�a�aa o�" �.�u� � l�.��rc����a
���°�. �'y�a� �!� IMy ��� �/� i�y �a� �� ��°a�,���Q�
����a���a�a����Il Il 19C� ���b
�A 4 �Il���� �a�da���� 4k�� ����� �u��°r, a��ps�y 4s y�a�� � �a�� aa������an �nk�n� k�a� D��k ��� �����?
Sn� ��s ��������� dma 2���q ������ �� ifl�a�,��� qm,�� a�¢n���°����� 4�� �������� �� �� ����� 23�
2�:��a
�,� � � _... 7 � ��a�����s
�,� 1 � -- A. � � ��a�,���¢s
2QD� 3 W 2fl5 �S��,p��Qs
21D�4 — 9�D �mca;��c�s ¢� �a��
220 ���� ya��� ����a�y ���c6 ssa ib�e� �n���� �rt� ��a}r ��Q�,����c�� ������A�� y� ��tt�n���u� a�a� ��� CD��n��°
�ro� � ����a°�cQ �a�R��a� �i�� ���Q ��� ����s a�����° ya��� ��a���nk ��a��a y ���� �tt° � �kl��� ��a�n���n�
II��d'��? .�'�' a� �S�4D�d1�� ����IlPI� Q7���� DSSll&�� ��.1� ��eGro���QDIiIl fl����Il�����a ��n��ana�� ���s�nn�s ����r�
�D �re ��s a�vc�� v�s�.
��ntl���° ��a���� aaR������� ir��� ���mu%���a "B°�� l��¢�� ��� n����n m�m��&��� fim� �m�y W���auin��a
�3a 1P���s� ��°����� �$ ���s� ��� ��� ���°������s (�aa���`����� a��aana�:A���k�b��� �s�d ���a����h ��n��an�sa
���y a�ff U������ (����� �ff ��n����a��,��.��.A �u�����p -- ]Ca�s„ �,��a °�" b��an �S��aIl�� �;�v��e��a��u����
��a����� ���n���s�4 2&4-��Il-�9fr7g °�'�G�� ���k����� �2�� �.-24�D.��o �.��p�ss�. �5��,�D��
"����n �� �'Il����° ���u�.� — �ff� �aa��a�� �d���s ��na����r� �r�' �¢�������°u����� S n��s�, �372-�7�-
�3��;'�"�¢�� ������4�s� �2��b-2�Il��; �.p��a�. �3��q��D�
C��� �� ��D��y�d�W� ....� ��. �.a�a� ����nv�� ����n ��i�y ������rp�¢�a�ttu¢ ��p���a�°�; � � �-5�3-� ��2;
'�'�d�� ���ufi���a�� �2� � � �2� � ��: �.�a����� � Il 25,1���
��� �� �D����� �b�q���d�ra��t �� Ar����a��� — �c.1���1n �3����� ������c�aaa���.��� ���a�����m � ��
6iC1...6�5�; "�'��� ���n������ ���� Il-2�Il4�o ��r��°��, $�3�D,CD��
��&� �l�llll�mn� — �s� '�����s� oD����� ��.s�� ��4� �n�����y�q 3��-fr7��62�Il; °�s���� ���n����;��d ��.Q�� �..
2aA.4�: t���roffm�� �4�,�D�D�
�����.�i,��a� �������a������ �a��°��r��d��m �� TV�a�9�a,��� ,. ...... �m� ��rt�� �m�d�i.a�y ��A°�vvan���flc��
�������m�� 325-�r'�6-�2�Q; "�"�rta�� ��aa��a����� Q2�D �-2�DIl�p: �,.����a�a �7�7��9�1
EXHIBIT 2
;���. �...���r� ;y�r� ��a��° ���'�u:����� a�Ra °��° �"�.���� tt�s �����a���� �, �a.��tt���� �.��� ;��a�u� ���a°�;��� ���uw�r�°a�r �a�,��a� ama,�
��;� �Q��� ����u��a��a� �����a�"� �.�" �a�� �✓'�N.��°a� ��¢� �r���,� ��a�� �a�����; �r�d K����1r��a��� m�a��a��� �a� ��r�s.��.
��w ����m��m �"��m�u�mm VYiu�,� �m���iir �"���s�� �:� ��s�������� � �m�mm����� nii��.��� R��a��uru� ��������m��� a��°
��mm� ��ID��ur �����.��m�,� �m� u��
� �. .����; ���a ��e��� ��a� � ����u���� �����a��� �� t��� �:�������"� �� ��c�u ����� ���� ����r� �a�� ttp�r�� ��a�
4��.��k���� a�ra�rea.���r Q��� �� ��aa���� � w�„
�m� CSu��u�� Illm�s �������m���� � ��u��°��� �r��;'�m ��a��u��m " ����m�����
��a. �...��� ���� ��a������� n�����.z��.��� ��� �����;y�� �-����W;� �,�d ���"��� llf'�ca�����. ��a���i.��rt ���ka ��
�:°���. �.��6� `��������,� �m�.�n�,��a°y� ������u�"'' ��n�/�r�° �,� ��".� �.�2� "b��m����� �"�ua����,������ �������ds,»
�� �d��� ���.��„� �'� ,���a� �;"a������,�.y�a� �������s �° �����a����"�
� � � , ..ru�,P� � � � � "� l� Y � � � � � .a
,._y.,..�,�.�re ",.., .,.� °�.. , ,m�.�H �,ri��,,�� �PV�k�'� 1 �.����� 9� �i.u'`.�N3e�;..�:��������„y':.��. � 6(l.k;a `�<e�`�,
�fl�� � tar'� `�4 uN �6rW i��r Y��"'mrv�V �� 9'�1 �W �P�� q;;� .,. ., �., ,� � „� �
� I;�`; �a�,���1�������1,u� N �����.
�"��ro ��¢����m ������.����� �.��ur���arm� � w���u��� �urn������ �I�����m ��m� ����'��,,"� ����r���mm ����'�
��,��iii���w�� ����rm��m�� �u� �� ��F°�,. � �.�.�! ��r�� �9 ���� � ��� �������� ��m. ��u� �ro�ar�,���:�� "�"�ih,�
��t�III�u�V�� ���,�a�'���� ����������.��� ��� ���� ����� �� ��a� ���� ��� � �"����� ������� �ii��
�����,y� ���m� �������� ��a� �u��� p���,����, ����� �m���°m����r� ��m°����������m� �� �u���^����:��w
EXHIBIT 2
���,�;�'���°�,�u��� µ � �
��� � �� �;, �" � a ��
�r� �q B �.� J .
A ��
J A y� �
N� p �/� Ir �
` �"+��' Y . ! "�n , fia,
' �i i', v, � �.
+� � � r x, y '�Nt! �w`
'. yo �� ���� .��•
a �o �, / �� �� �
��w i , � Ty�r f
� � � � d A���, � �� � v
�u
F"``
� '�` �
�,,� �� „� � �� ��;� �� ��:� ���
�.��� :�`���.� �����,� ,�"��� �� ������
� � �
� � �
W � m
����"��
��F ��;w,,,��� /�o�� f� P
K ' n%�✓!k m
� Jl ���Y "��%/�,, ,
�;, `
�� �.� �~~�""��w°������� ��a��������a���������.��� �����a�a�.
� � ��
p��,
���
`°�' �,�� � �; �
,
� �,�y� ;
�� ��� , J,�f���� �.��� � � N �� ,����
'4 � YG. �� 1l
� � ��g '�° �,�'
niy
,�
� �
� � � ?�r
` d�.� k'"a��'��1����� ����� �ti��� �,w ��� �,�m���' ; ������������,.
�� � � , , ��
� �����
���`����� �����8 f���,��������m������� ���°�������°�d�
��, " ,��������� ��I� "��� ��a` � �,���������;���,,,�,� °`
��
��� � , ��� ,,. , � ���
��,U �f,,,%i+`f� ��� r� � �����r av � . „ 1�If� 'i
�'° �''y `�;; �f� �� ��'����I���� ����� �����'���„�,�' ��
�p��uvrs,r,�, .�
;
� �� � � ��
�� �
�`�,����,M� ��;� ;
i t1��� � �
;�
, �� � , � �
�����w �- �` � � �� � �
� i� z�y���a .. , � ; �
��� �� I� ������'��`��� �� � ��d ��� ���t�t��=�I��,"��,������'�� '����f��M�,�" ��������� ��;���"� ���������� �'
, 1� „ � �� �,, o ," �"�"�"
' � ��u ���'� a�" ��� ����"��,� ��'��� lw
� ��� � �� ���� ����� ����a ���������o���� �����ro �
�, ' �
��� F;r�� �� �� �/������ � . � / k
�� . .. . . �,�
�
....... ,... , _ „ .v ,,. , .,�
II2a��n,�0�°�ua�au�n �B�NICflqOB�."n°� ���Q9r��ff �
��as�D4Qu•aa¢�a��� �Daud�; Q��P2�/��DIlIl
��911m:_������'��"���'�"���;�1� 111'�"��VG�������
�W`ANa��811�.Ay�„N��.�M��.�N°�dl0e!��&'AMp ,
lll,'W� Ill.e Y. "� IWq� °�'°d� �ti 1M..� � ren FI �f�"�� IU.�
�
x
� "�"� ��,��� �:�._... �� � ',. ,�i
� �.._ �., �
.,�.�� ��� ����,�..�w�v�o���... ��ee ��
�.����1"°�u���� ��������.��,�� �'o�.��g `�����"� � � ��a����������
�
EXHIBIT 2
��^�x µ�{;.���, ����"�� ��°�������� ��
�� � � ���� ��� ��� m� ��rcm��
����d � �,,, a�,
�� ������ ������ ���u� ��� �����
V� ��a����i��� ��B��ro iW�sa q��u����6�d��n� ����tl��� 1 ���AO���t:���b�n� �r����a�
V����� C�cB, �Yas,�'��ro�s�� l�a��r;� �� q�tia:��"���o�d���Y �����s����r��u���u�4
�p y��r4�d�a� B�'r�� Vkn� ����w����r uu�iruu�r�� a��u�f�� ����u���� 9a�a��rz
� �� � ��aw�i���r�a�� c�"�H����,6ayr��°�� �°�����,
���:�n �d��
���q�rl�� ���t�rN���ma��, � � „,J�,�� � ��������°w�����w��.,.
EXHIBIT 2
�„e,.�"°�"���-.�.. �+.. �..�, ��
1�1��,�.��"� C�"���� � �.��.T��� . .��� �I"�'�����"�°�C�
"S"Yn� 4:°,a¢� vvi9� �mn,sca�a� tk��� �a�tt�q�a���s �79`��cz�p��,rt��u:, am�a�re�,�l�, ��r��l'a��, ��aa� fe��,sa;�°�v���;s ��z��s��r °�uu:➢� "�"�;;�a�
P�rc.�c�fll ��s�r�ru��ny��ba ��s�� ��5���?�,5p A� �e��m�l� �� crcrrr�p��tn�z�r� ��:���r��n�ttu�s �� r���n��a��� 1�.� V:.�zs�����t��;��
�ra.�in��s� V::^,��.¢ew����� ��:.�1�9::m�a "➢`��a:^ �;w4� �r��fl ��,s�u�� �P��b �C� �a�a��e�u���a°�& �r����ros��a��4��s �a� �� ba ��'�:����v�,
���i ca����°z�au����aA� aa� �q��� ��n����t:a�uv�un�s� �fl'�➢�� �:�d�, ����� i.t� �an�t�a���a��a�a .��.� �u°���aa��a�rea� ��t�.����a:� ���� G�c�
�,�������¢��D fl� au� a��s�$� �n� fi���° �zn��u�a�� �n��ri ���� a�����m���A�y ��u°a������b �ss� ��1 r��u�q.a��a� ���z�,�, "�'�� ���y
�na�fln ��°Q�va�� ��a��� �a�sm�r.����gb� ���c�rrt�a�����;s �� �������f�� ��� �8.:�¢� �u�� ila����°�1� ��� �a� ��r��Nfl �a��a�����
��u��:rr�u-�,���, ��.���c��i�:�lZy �.1����aa���n�a��9 �:���s�������s9 ��� T��s�c���a�o���� ll���n����� ���������a��s. �°��� �;��}�
��i���n�r���n� �➢� ���ua°�a:� �;��.d���a;���a�� �a.� s��% Q��.u��������e�ua �� � �.���� aau�/a�� a�C��w.�� 1C1��"s ��� ���-
���a�u°��a.�pwg �uka��� �`���aib�a;, �aa a���� ��m� ��r�r��� �r��a;�u� c�9°�f�� ����s1��i�r�o
�
1��������a���m� q�����m��� ��md�m°'��°� � �)1��;�. ��°� ����aaff��;�d �a� ��a�u�n��Q.� ��u ��� �at„yr'� ���a���°a;�c��s��:
�a�ca�:�ss� °�'�� ���n�°������� �:����rr�tt���� ��da�.n �a�a��rna�� ����t�ar��l ���������a��c �rh ��a��;����re.t�ac����ry ��s�st�u�.c�
a���i� ���a�c�s�fl �'�az�r�s, ��� ��a�a�;� ������a�����a a�� �S�a��aa�°��n�tt�� p��°a���da��°�� �c� ��i�e�s� :I�l���s ��.d� ���,�.��s� ��„
Jl���m�s����a.��wr�� $�a��wi ���::: �a�tt����ttnd�� ��a��ad� �����n�°� a���a�as���r�� �� ����� c��� �a�ba�n.� � ��a�w�r �� ���:
C".�;a�;pfi���aaa�tt�, �'�� �a�� ���c��u���� 6�a� �;������a��a�� ��° ��� S��a� ar�° "1C���� �u�anc��rr�� �a��� 1����au�°�tt������
�°�i����s�snas� ��J1F� ���g���u�� '�bq �a��a��r����s ������n� ���a���ua�4aa��z �ar������.n�� �7i�k� �a�r�������a��t ��°� �����
��r �a��a����
��r��� ��°"����.�:� �-��'Il� �P�°��m�a��a ....... "]f k'U/��� 1[.7arr��,ac��
��) ��� �,���7> ��a���rra,r "➢"'�". �"�°�9 D..,,°��9��"X
Q��2) ��5�-5�72 a�� Q���� ��3...,���� �r 6�ttp�://���roanrb�ac��u��a�C�o:�.k�,�;�0 tt���na��ru�����/�ri;c�.Y �a.�6�/
�C�����w���a���m �� ;�a��� ca�mra�a��� As ������y �������bp a��fr��% � �a�p�y �� ��ua�° ���a.�������rn �� ��aas t�� �Ari�
�°�;����� r�ra��n k�� ���fl��za�,s���ra�� �f" y��� �a��u�����r a.s �s�a �La���.c�y ����"u���c�, ��u� ����� b� ����s��fi��°�a� �� ���iazn�
����������� �,:�������nv���� II�➢��s� �n,�;� ��r�� �v���� Ipu�Dc �� aal�a���m s����.o ��` ��a.� �a°a; �u������g���.� � ��,�p���7�s� ��r�
�a��� da�� au����;x� ��1�'s, Q:���i �us� �1��: �°�a.�� 1��li�� ��u u��u�����yr �1�� fl:�vas�a���� ��ba� ��a�pa�a�� ��n�: G��u�u��s� �:-���
���°���a���ia���.
�����°u� ����s���aa��w u�n����� Q�m� ��iirl�m�� �fftr� �I�� �"rev�m�wa��� ID��..7ll�� �c�w° ��m�� �.��n�m°���4
�;C1�����5�� �F��dlf�� Cn.� . k���i�,.�;�t�rp����s, �r�R;. �a�����u ��aaxl°a��d ��d�t�-��� S��°����,Rk� .......... .
��'li�;li���,x,`.�����?,1 I'1�'�"�"1�,��°���:: �l��k;a�°kf� "�I��r������l�.r"
.�V�'�III�III������° �'�p � �.;`�����µ� "��
�:;�[°�'. u , "°r°Il,r�a� � I'�„ �s'Il�� .........II ra��°� �,�"r��91�, °IC'rt�d��,ni ,, ,��ulfJ�°I ...
'�C�"������ I�,@a����.��������VVC�� �����f��, ��.�.����-���D�"°� �'r�.��� �^���"�� o i��7��77..,Q'����£�
_
�w��������� ��� ��m�� nw�:������'�'
1`�f��ua��-�����v�rn¶�� 4��s��r���s �z�����ia�AS�;
�-�... �V'a�mr���-C����� ��a���a�:�s �;��t�rr��re���
�7�s��a������;r� l�u�siufl��� �:;.�������°s;��
EXHIBIT 2
�C������11�"h� ��]Ib��A� _ _....��� �ro��l�s��•a�Ra�u�i�4 ,�a�i�� �.����;�r �:.��.ra�u�����a;�
b� _ " � _
Il'�.��'�����r�'�A'�'�"�°Jf"�"�"�':w,� C��� ���.nn���qa� �an�.¢u�oa�A�,
_ ._. __ � _ _ __ _ �
.���]@�k:,���° �7�.��. �-��mu�a�a �-���.�� V.:�Il�ru�
��"'� � '�"� a� ��"�`� � �„^. �"� ������m��, ,
� r� N���
��� ��
......._ ' �,,, �, ����� _.... _..____.�,�. .. ___.... ._ _w . _ ._. . ..,_.
,. ,
II �^,����'�'���"�� �"„��'�::� � N�k ���� �..(���"��':� � �'���� ,��„P�::� . M II u�� � ��
���m�:���������������������r� �'�'� ���;�����`� �u���������r�m
.................._�n......_�u���°�u�:°���w����� ��a�m�a.��� ��,u�������
� ...............................��a���aii,,.��tt�� �������� �:?��a;��d���
_ ..............����.......���c�����.������ ]������s�� �����r����
EXHIBIT 2
...,,
_ _
� l.l 3 A i�f �I
� i'�xa�s C���r�t��,��� ��' P����c ������°r�
t � � P.C3,�o� I� I�� ^ AUST6r�, iX 7Ei71 f°� I�� r
µw»� "+�,
i .�u
h{r � � � .
l _ 'l, �� '
, j�_.
� �4
�Phe i�x�s Comptrokf�r oi �ubdic Accounts (�PP,p adrninisi�rs the Sfat��id� Wistcarically lJnd�rutiliz�d �u�in�s� (Fdl1�} Progr�rn fc�r th� St�4e
of 1°�x�s, whlch includ�s c�rtif�ing rninorlty and wornan��wn�d busln�ss�s as HU�s and is d�sign�d to f�cili4at� th� parkicipaiion �f mknority
and w�rn�n�a�n�d businesses in st�4� ag�ncy procur�m�nt �pp�rfuniti�s.
�� ar� pl�as�d t� inf�rrn you th�t your appli�atic�n f�r certific�tiontr�-c�rilfication �s a HIJ� ha� be�n appraved. Yc�ur rnp�nyas pr�file is
list�d in th� St�4e c�f i�x�s HU �ir��tory and m�y b� vmew�d onlin� �t hitp:!/ .°ndavw.state.tx.uslproour�rr��rtt/f�mbl/hu nly.hfml.
Pr�vid�d that yc�t�r cornp�ny c�ntinu�s t� m��f h9lJ� �ligibiliiy r�quir�m�nt�, the �rscl�s�d H11� certifi t� is v�lid f�r four y��rs,
You mu�t n�tify th� FIU� �rograr� in writing of any chang�s aff�cting your c�mpar�y's mplian�e with ihe Hll� �figibility req�ir�m�nts,
including ch�ng�s in owr�ership, day-to�d�y rnar��g�rn�n4, contr�f �nd(�r prrncip�l pl�c� of busin�ss. /Vof�: Any ch�ng�s rn��� to yc�ur
corrrp�ny'� rnf�rrraaPion ►n�y r�qui�e th��F�U� I�ragr�m to r����Pu�t� your cornp�n�'� �6igibitf@y. As part �f th� F4U Prc�gr�rn's rn�nitorirag
efforts, you will b� s�nf ��@l1� C�rtifi ti�n Ellgibility A da�it in appr�xirnat�ly 24 manth�, Fail�r� t� c�r�pl�t� and �ubmit th� �ilJ
C�rtific�4iars �ligibildty A�d�v6t, �nd(�r f�llur� t� notify u� �f ch�r�g�s �ff�cting your cornpany's c�rnpfianc� �ith hilJ� �(igibility r�quir�m�nts,
rnay r�sult in th� r�v�c�tion of your c��npany'� r4ifi tion.
Pi�a�e r�i�r�nc� th� en�los�d p�r�phf�t f�r �ddlt��nal r�s�urces, su�h �s th� si�t�'s C�ntr�li��d a�t�r �6dd�rs List (C �L), ihat c�n
increa�� your �h�nc� af doireg busin�ss �th 4h� stat�.
Th�nk y�v for your p�rticipati�r� in Qhe FI9J F�rograml If you h�v� �ny qu�stions, yota rn�y c�nt�ct a HU Pr�grarn r�pr�s�nt�iiv� �i (512�
463m5�72 or t�ll-fr�e in T�xa� �t (6��) �63m5��1.
�ww�� �������������, � �m���������������� � ���� � ���« ���o �������� � �������� o��o���� � ����w�� ,��������������������, ��� ,����������������� ���������������������m �����������m�, �� � ����������������������, ����������,
� ��: � ��
�, �_ �,�a .r��,��
� ;,, ��, ,y '' ��-�, },
� ��� � . �. ��' �� „
. ���. � �" * i� ,, �, ,,
�
�• � �,� �;
.r �� �:, �; ��� . ,, r, � >
,. , ,r . � +� � � , • „ � � � .
„ � � , �, �: #, � � � +� - � , - r � � . �r .� � �
, , �, r: ��. � y i� �
� ��, � �, r �!., ,r,f� �� �!4���� -r �,� � �. �-� �� �;�r 4�; � �, . .v � �� ` 4 '
;�r'� ir: �� r � � ; � -N � � w���,, r . �� �
�'.�'. �� ���� w ♦. ���� � �'� + *•� r�
��� ���� ��•���� �;� ��- � ♦,� �w
� �. �d
P�u! Gibsor�, StaP�wici� FftJ� Pr�r�rrz ftAan�g�r
%xas �ra�ur�rn�rrP ��rd Supp�rt ��rvic�s
hlof�: In ord�r for Si�t� ag�nci�s and in�Qii�4ions of high�r �ducat�sn (uetiv�r�6ii�s} to b� cr�dit�d far uiifizing this bt�sfn�ss �s � M11�, ¢h�y r�u�t award
p�ym�nfl und�r th� C�riiflcat !D fVue�tb�r id�ntlfi�d �bov�. Ag�ncfes and univ�rsdt6�� �r� �ncotsr�g�d ta v�lid�i� F4U� c�rtificati�n prior t� Issuing a
ncstic� ot a rd by ac���ing fh� In(�rrr�t {h palf ,wind� <�@�t�,tx.ua6pro�u �n�fc �Blctnblhc�b.htm!} �r by c�n(acGng th� FiU� �rogram ai
1��9�9��63a5��7 or 512� 463�5�72.
ua�� �w��na
�l � �D
EXHIBIT 2
� __... ,. _ _ - _ .... , _.�, .. _ _ ,.
�
�
� �
i�xa� �or��r�ot,��� of Pu��A� �,c��u�v��
� 5 �.�.u�c�� s.� u ��z » ,��.o�cuv�� �rx -��a u a•� a �� „wM
�l,s M
P(� �
- - __ _ - {� � �°� fi
_ � , �, ;,
,� « -y
_ �, � ��
. _ .
�, � . � � .. � � � . � �, �
.i �, .- �� ;, �4 - �^, .� , ��� �• �.> �.;,
..���.� •r � ,�- � ,� , � ♦�. �, � f � i � . ♦ .�� . ♦; -�� � � � �� . : r •-�� r� � �
i,�'" , i., !;. •i� • . r ,��;�M" . *M i� � ,,., �
.I�i 1"f,�:.. 4�4�f
., k - 1! `,« '�1 "�� ' 1' � � ' „!• � ��" '�" ��, 4 .r, ,,� ���. � ::i . �': . �:, •';" a4! M '"..# 4 il.
�v f'1 � ^� t� ,�� i' ,iR" .� � 'f, # .�i.
'",4 •I �'A A ,'rf, ►,• k:r#�, �i 4" �." •�; ' 1� w - y �
�, � ^ w; � �! � � 11
{ ' �F 5 �� ' f ! ' •� Ih ,1 4 ' M.' �� � � 1'�
-.,y �. <,� yl, • " :," �" , � ' � i !r.'�, , �+ �� ." .r� " ? .� �' �Ri ," • i i' , #.; ��'w � i� � �." :, ;R'� �
. �i� ,if�.' f �' ! ;Re, ►'� .";1 :,:.,,,,� -,; .. ;"�j w,��.,�, � ,�., . �, ',�"� I ,1" #.� � �# i
�.'1 �. iw" ��" ',w1 ;� �.i `;• 4,!'
4i i i# i �
(�" Al �: ,i►. 1 i �` 1,�" � . ♦� ,� ' I K !i� 1� �rt"��"
��� � � A� �::s' � '♦ 'Mi �
�uw.nw . m ����m� �mmmmu.� m ���mm������4 � �: wmm . ��������� �mu� o��u o��w u�i���rv ������o�m �m ������w�.ro � on w.r� �����m w���i� �m om. .�m �m��� ��������m. ��.ww�+w rvw�x+�n. �w.w��,w �,�w�a� �.�ww w i����o�o.ww m� ���mm���
4 � �,
� i �� 4; I,l:
� * '. •S�' �+ 11�+
� '�1'�� �. ;�-,
I wmM" 91 �: � ' �i ' • � w�� . � 1 ,
, �"; � "� � �� � ",� � � ���
� � , � ;�' � � , � � ,,,.
t' � w! '♦ �' ♦: ♦� _.� �
a �r �� �� � � � � �t ; � . , � � � ,��� � ,, � . �, r � �
y� � �� � : �"" ��� y..�r �� � •� ��� �
•, " ! ��lr .R^ �"�'. ♦' �' ,MI l , +1 :"."•' Ri♦ •'#! �1 4,,. �
. � 741 � li! ^'If �� � � 11 '! . � ♦. ! '�A i;
'� 4 �i �" �� � 4 � 4� 4 i- i r"! .
,,, ,, �- �r��"a°,aI "- � >,� ? �'r',!� : �!
L,r"_�.< < i � t....� , .,
' � r ;.' ' � ..�
� ���
� ; w= ,ra r .� .�� � sR � � � �-�� a« ��� � ��� � ; fl
. , . , . . . .
��, �a �•� , . ; ^ � � �� �;, ' _� .�� . , . _� ;, t ��s' - ,r r ���� .wa� �� . �, M S x r � � a � � �
, , . .,
? 4' .,�1 � 3 � '�;� c,l �. � P < r a - �,,, i� 'z:�. ♦ z ,�.; '� ' �;1 .
Y
EXHIBIT 2
i� '����
�.� � � � ���, � W � � �� �m.
„
� ' '� �, ,� t,,.
„ „ „
„ ,,
�, „
�� ,, ; . , , ,,, , , ; �r, , ,,.
EXHIBIT 2
�"�`"�'�.�.. ��'�" �
e.e.,��.... ��I�a ...� IF a.�...,.��q��.�..� � e........ o�ou��.���o�a, . �ee _.�o... ��� �..,. ���..w.�. .. ...�� �.. �.��......m.____ .. ...... �. ........ ..
.. I �°� �V I IF � i
�� .....,. ������a�n��a��� ��n�daa�
�� �a��r ���a��u° c��°..�udl��� ��.��°���n �e�hm��,.l�uu�i����s ���� d����._,�. .w��,..,���-� r,mo..�,....�. �.�.,��..no�o ,�,, � ��.,M�,.M,���„�,��,�.�..... ��
"�°IP�pS �u��s���ro�u����� ����Qe �6ua9�t��� i��a�� a�t tQa� R�vv �y �al�� ���Il, �GD�I� A.���n, l�Y��u��s�ir ����n�r�s, _........ I G���d�;q� 4J51�: d"�ill.,'d
�,^r���.8r,r�,d�,:���� .. .. .. ...�......
q"
"�"�oas �,u��rtuc>�,�t�ire u�; �cii�� �ul�d iioa �c��ra°�flao��� r�i�� cI��Q�k�u� �7�r r��tV�� ILa�c�l �����zr.u���a� C:c�c�u by ��ems��
wrf�a 4a�.s � �ua:���ro��s ��;paka�n,k��� as �i�fura� I�� ��can�n� b'7�a�4�1Q1-�� �vk��n � la��aY �c�w��KU��u��.��1 eun4u�y �ra�6 ¢1��
p�rwa�Y7 Ara R�; ��:��uir�:um�m.t;w u,�ue9�u- S���i��ro 17�.��Ea���.
��r n��v kP�bs �u���au�u���ir� �uuu�¢ �� ���� �a��t kVu� ���s�ira�s ��tl�ia�a�����a�� �h t�a� Va��l �aw�°u'ramru��� ��atut� r���C ��t�ir
th��u �P��� 7�➢� fl�uu�s`��,ss �E�� �EC�R 4�0�. ��t� ��u� �p�a�at7 �i��ar�u�� �wv�¢'� �� f���� ��a�t o��pakux� tk�� ,�G�,k�xn�rnt g� Ibs; �p.�.
��"�� S���oa��u 17�Z.�7d�i� II.����1 �ps��d�cnm���tr ��c��.
� ��Y�m� �¢�amir�flts az� �fff��ns� r`Ek�� ��r�ra ��ta�vvnm�V� �n������s S���a�irs Il'i�a�1��ro, II.��a;�G �°a�w�a�c���ui �;�ra9�o ��a
��'f�rro�� �znai��r Ckao b �a;���are� i� � �:n�s� � ian�w�d�u��a�u�u°,
. e f��na� of...�r°eeeea �h�ro h�� � b�ustra�ss r�wlaafG��M�I�i�� with I�n�! �oa%cr,��,a.� ���������.�...w.�.w ..�...... ............._.... �..,�._
� � nnaen�k�l �caetldy,
�n�aelh i'r�rse�sa of odcrn �eos�iee��es m P�� a°el�kiaeeAS E�i thi� ti eo Su da�lttl�� � p�op�s�i t� perf�reee s�rvises
�wrpN'�
����.�� �,��.,�m ,�� � ��.,�. �r.�,.. ..,.�.�w,.�aW...._..... .�o����aW�,�ri�....._�_� ..��...,�� �,,�� �,��
.2
If� �°tlu��6� �6e9� Bs�� �9' ��na �o°� �d�om�� �on w�a��6� Q� � �u°��^��un��;� fl���� apa��QQUauwiro��ir�o
L.,�,ll
�°Ifhroe ���r u�c�u��¢�s kN�nc y�us ��e: �rca u�ara9�c�d caswr.µroV�.��;�fl cg�u���uanuvuu�u� wiuPro �r� sags�aar�sria�k� �Iam�; �uukPn¢r�u�y �.c�u Il�t�r ghn,m, �V�� 7u� k���.�ama�ss r.9�y �t°9�r t[�e
�fl��� rtVn� anvl�a�os�BOy �1� qr�a�to��u¢��om� �ec,a��nn��s Pioac�ofl�psPoa:4� e�rc urras��au�raV�,�
��am� �� loc�... ov�rnm�nt �i�l��r th wh�rr� ffi�r ha� �n �m E� m��.M� �.d.. ���„� ����..m�. _..._.....W��� �,._ ����..,... �,,w _ �. �.���� 6��„� � ....._�..... ......._.n...a�
I 9 P Y nt or busin�ss r�la��r�sh6p,
N�nae �t ti e aaf preapa�s�9
_ .� ................_.......k���avn��..��......�������������������,..�m.���,�.,.,,,�,,mm „
�° �Df"���v
ih�� s�ctl�n, (lt�m 3 I�cludlr�g subparts �,, �, ���}, must b� rr�pl�t�d f�r �ach offle�r wlth whorn 4he fil�r s�r� �rnpl�yrn�nt �r �@h�r bas�ln�s�
r�l��onship �s d�f6n�d bp S��Bion 176.001(1��), L�c�l �ov�rnrn�rrt �ad�. P,tfach addltlon�l p�ge� t� ih�s Forrn CI� as nece�s�ry.
A. Is fh� I�c�B g�verrsrn�n@ ���r n�rr��d lra thl� ��cUon r� 9ving �r lik�ly t� r�c�lve t�x�bl� fn rn�, �th�r than In��s �nk ir���rne, frorn th�
fi9�r of th� qu��tic�nn�ir�?
� Y�s �
�, I� th� fl�r �f th� qu�stl�nnaar� rec�6� or lak�6y fc� r�c�6v� t�x�ble i�c�en�o olh�r th�� inv�st �n4 ir�cam�, fr�m �r �t 8h� dlr��tior� �f th�
lacal gov�rr� �rrt �Sffcer n�rn In th9s s�ctl�rs �4 � th� t�x�bl� In m� f� n�t r�c�lved fr�rn � losal g�v�rn�r�ni�l �nUty7
�� �a�� � N�a�
�. Is fh� fil�r uf this qu��llonn�ir� �rnploy�d by � e�rp�ratior� c�r oih�r btasBn��s ��tlty �neith r�sp�t to vuh0�h fh� Isa�l g�v�rnrrr�nt offc�r
s�rv�s �s ar� offic�r or dir��tor, or h�lds ar� �wrr�rshkp �f 10 p�rc�r�t �r m�r�?
Yes � CV� I�
�. ����rib� �ach ��Il�tl�n or bus6n�s� r�lationsh�p.
b�e ire� s r�l�tf�nshi ��It Clt �t�
n r��ra�l �r s �
.°fhi f�r i� irr f61 � t a r �I �r s� 8���. ��re� ��� I�r+c�� h�� o� � Y
or�� � � � i o �� f
�
� �
' ev�luatin t � ro � I,
e �,, .� m..�.. � _. �.. ,��.. � ,� ., �, ,,,,
�... � �_ , _... ,,, ,,,,� .�w �... . . e .
�� � ��,
r �,
��. .� a��23� 1 �
� ��`���� � �� �� � ��
a o. �� '
�� �ro��¢��� r�fi �rsmcs d�iu� I�u��Giva�s w wlth..�.�. w..m... _ . ...... .. _, �,. �� . . � � . ......
�
r� �a 9 � Qh� gov�rnrn�ntal �ntity f����
EXHIBIT 3
ORDINANCE NO. 2014-
AN ORDINANCE ACCEPTING COMPETITNE PROPOSALS AND AWARDING A
CONTRACT FOR CONSULTING SERVICES RELATED TO THE ESTABLISHMENT OF A
REGIONAL MUNICIl'AL SETTINGS DESIGNATION FOR THE CITY OF DENTON;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTNE DATE (RFQ 5513-AWARDED TO MODERN GEOSCIENCES, LLC IN THE NOT-
TO-EXCEED AMOLJNT OF $185,100.
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
consulting services relating to the establishment of a Municipal Settings Designation 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.
RFQ
NUMBER CONTRACTOR AMOUNT
5513 Modern GeoSciences, LLC $185,100
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 3
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 RFQ 5513 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 proposals.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
____ ��'"��---.� --��
�
BY:
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0240, Version: 1
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
ACM:
AGENDA DATE
Bryan Langley
June 17, 2014
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of
eleven (11) light duty vehicles for various City of Denton Departments; providing for the expenditure of funds
therefore; and providing an effective date (Bid 5557-awarded to the lowest responsible bidder meeting
specification, James Wood Autopark in the amount of $407,131). The Public Utilities Board recommends
approval (5-0) for the utility vehicles.
BID INFORMATION
This bid is to purchase eleven (11) light duty vehicles for the following departments: Parks (3), Police (3),
Water (2), Facilities Management (2), and Animal Control (1). All of these vehicles were approved in the 2013-
2014 Fiscal Year budget. Eight (8) vehicles are replacements that have met the replacement criteria through
age, maintenance cost, miles accumulated, or a combination thereo£ Three (3) vehicles are additions. The
replacements will be auctioned once the new vehicles are received.
Standard City of Denton purchasing procedures were utilized. Bid notices were advertised in the local paper,
posted on the internet, and emailed to sixteen (16) prospective bidders. Bids for the project were opened on
June 3, 2014. A total of three (3) responses meeting specifications, were received with a range in bid pricing
from $395,959 to $407,131 for all line items (Exhibit 1). Additionally, the City had specified that seven (7)
additional services be required with the purchase of these vehicles. These services would result in overall cost
savings to the City of Denton with regards to maintenance of the vehicle thereby, extending the useful life. The
only respondent to include all of the required services at "no cost" was James Woods Autopark The estimated
benefit of these services is valued at $1884 per vehicle, during the ownership of the vehicle.
In accordance with the provisions of Texas Local Government Code 271.9051 and City of Denton Resolution
R2012-012, an award to a bidder whose principal place of business is in the municipality may be authorized, if
the governing body determines the local bidder offers the municipality the best combination of contract price
and additional economic development opportunities for the municipality created by the contract award,
including the employment of residents of the municipality and increased tax revenues to the municipality. The
local bidder's offer must be within 5 percent of the low bidder. (Exhibit 2)
City of Denton Page 1 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0240, Version: 1
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 9, 2014, the Public Utilities Board recommended approval to forward this item to the City Council for
consideration. The recommendation amount of $72,176 is for two (2) Chevrolet trucks for the Water
Production and Water Metering Departments. The other nine (9) vehicles on this bid are non utility related.
RECOMMENDATION
Staff recommends award to James Wood Autopark in the amount of 407,131, in accordance with the
established local preference laws of Texas, and City of Denton Resolution R2012-012. The Local preference
application from James Wood is attached as Exhibit 3.
PRINCIPAL PLACE OF BUSINESS
James Wood Autopark
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
The purchase and delivery of the vehicles will occur within 90 days of issuance of a purchase order.
FISCAL INFORMATION
Eight (8) of the vehicles will be funded from the Certificate of Obligation accounts and three (3) will be funded
from department operating accounts. A detailed listing of account numbers and award amounts is included as
Exhibit 4. Requisition #119426 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Bid Tabulation
Exhibit 2: Resolution 2012-012
Exhibit 3: James Wood Local Preference Application
Exhibit 4: Vehicle Funding List
Exhibit 5: Public Utilities Board Draft Minutes
Exhibit 6: Ordinance
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
For information concerning this acquisition, contact: Terry Kader at 349-8729.
City of Denton Page 2 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0240, Version: 1
City of Denton Page 3 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
� M
� �
� W
� �
� A
� x
� � j,y ��� Ni 7 O 01 M O � �--i O O O � O �
v Q 4 � 01 01 l� M O O O � OO �
� l� O O O �--i O O N Vl Vl � �
� � �, �D 01 M M N O Vl Vl � � 7 7
'O � l� �n �D �D � N �D �n � � � � �n �
p c�d q' � N 7 7 N �n �n O l� l� N 0 N �
� ,r' (.y i M M M M 7 7 7 7 N N M � �
�--i
' U � � � � � � � � � � � � � �
� �i
T
� i,,. '�� O O O O O O O O O O O O O O
�p� F" �/. O O O O O O O O O O O
V o .-"'T. � O Vl Vl Vl O 7 Vl Vl Vl O Vl � O M
�. � � N l� l� l� � 7 ,--i 7 � � �D VJ 7 O
�> ;� o w w w o � c� �n � o w � � �
3� -o a� a� c�i � � c�i � a� � � c�i a � o
'O U � �, M M M M 7 7 7 M N N M M � �
� U A A A A A A A A A A A 69 69
U
'"� � i,,. '�� O O O O O O O O O O O O O
0,�' � 'f. �. O O O O O O O O O O O
ro � l� 01 N N � 7 O 7 7 O '� 0 '�
� �
P+ Q �� � � M M 01 M O O l� l� �--i M 0 M
,� O O ^' �--i p� O O 01 01 l� M l� l� 7 '� � '�
v,� a+ yQS .. .. .. .. .. � l•• ,--i l.. l.. M r H r
� d Q �� f3 f3 f3 f3 f3 f3 f3 f3 f3 f3 f3 Vj Vj
� ',,. �--I �--I �--I �--I �--I �--I �--I �--I �--I �--I rl
� � � �; - - �
_ � �.� �.� � � y � y � �� � � o
° ,� � � ° y' ° � ° w � � � II
� 3 3 � a � a � a � a � � i
� T � � r � r � E'i' oi] �. ti] �. v' a N ? y
- 6 6 �., c y' c y' a o E v '"-�,' 3 u
o Y ' x ' x ' _ o � a s
,
s
_o � � � �: o -o �' �
� =m ° � ° � ' ; � ; � sa i �
c d c o � — �, — d �, �, - �3
a
a
> >
o �, � rn - - — a
�
° ro � 5' � 5' " �, E � �., ' �
., c � .. �., .. E i a.
„ _ d
�
,'� m. 'v axi b� b� S� itl >: `tl >: `�' Ci o Q ' 0
�, .?� 3 o v v a�s � b a � 0 3k
u � `° � E
� �' � � ,� ,� u _ N _ N u _ '
a o� �� a� ��, ��, � L
�
�„ o.o E u, E u, °� o� o� _° :5 5
�
.5 � �, � .9 � S �; � .. � >. � >. � N � '� �
o >. �, a �'a v � �O s o G'' � �'' � v =' `� O.
" y E v
N � .. ,-. .. ,-. 3� � � m Sh�'^ 3
�° °� � x c "�^ c "�^ y " °, � .°', � = a ., � 7
o ° � s
m s � � � .
� o „ o „
d .. ° _ - - .. .. ,o o ^�
3
� � � � '� � m F� . ' 3 " � � °' E�., 01' Ca „ y
E ^ ° w w
0 0
,, 3 � ° o ° o � d � � � o `" — a: _ °' E 7
o N � � �, d �
= " � v a � - � � � a � 3 � _ °�' �o � ' � �
..
�
� � _ Y
r� ou w�z �z 3� y y `°?n " N a' � � �
� 3 �, � 3 _ "' _ «' � - F� _ F� � ,a., � _ .. =• � �
> > o
� " � " — �
4 I�� a Y o� o� 3 � _� �� =� _ Y a E"' ° c��°. ri�
� � °' - � o � o � ' � 3 " 3 " o >. " � _ _ - � C
� o �
3 `°� w y, w y, �° 3 3 y, E °
`J 3 = ° E"' - " - " _ = _ = _ - " ° � � = � 7
� � � o � � � �
� � o o� o o _
� .
� � s � � � �� � � ,,
c b 3 d 3 d t� $ N 3 � � � u
i/] �, ..d'^`� - c - .. .... 3 d — o �'� � ,�' ^C
W . � s [� .. [� .. � � m ' ' F' � '� r°3 _ a� .'.�
o �
a � — o � 3 � 3 � a � � N 3 � a � � � � .
� � o°o � Y ; � = ` U � a � d � = � 3 � 3 = � °_'
3 °' °' °' � d
d
Q 3 0�� �� ° 3 � a U a $� _ = t.° � W O.
N .
'' � 3 3 � 3 � 3 � ,�, Q �w 3 �w 3 v � � 3 � � '^ G a� � O'
`° —
� � �a � � � �a �a � g � � . � a� W
� �� 3 ��, � 3 0 3 '_ N 3 N 3 a° 3 _ N� a S � C
Pi, r� ; � ou � m � �, �, � x o �, W � � �C
rn c
A „�f",,, � o o � —° � = o � � �5' o �5' 3 � � a° 'D a° 3 a "a � � a�
•� � ° � � � ° � — Q � � � � � — o � � � � � = o 'u
�_ �
� Q � ..
H� � � � o � � � � o � � � � � � _ � � . � � � _ � z �
; �, � � � °t,3 N 3 '� �i '� �i � o '� °�, '� °�, m �i � � � o E c� ;Q v �
I-v-I � p �, .. ..
� o � N v v° 's a..
d
Q° �� Q 6 Q 6 Q€ o a Q a Q 6 ' 3 °� °' � d� °
a z � �a N
� ° ��°� � � � �
.. � �, � _ _ �, �, �, �, � �, � �, �, �, �
� � .. "'� �o �� �� �s �s �s �� �� �a� w :w v
O ; �, ; ' .. _ '
y a' — � — � o a o a o " = � = � = a = = � o °
.. o - o � o - o -
y ^O � ,, d E d� d� d� d o d E d E $� d� d� d a�i O
^" r � r � r � ^� o
'� � .a" ;� o b o� o� o� o� o b o b �� �'� �'a � V C4 U F
s. o
CL `� xt
y r�, •�, ar ' ,� c� cn � �n w � w o� o ,�
A C�i G� �7_, ,� ,�
L
O
O ,�,
� y O
� �z°zWOZ°z°zWW'"
v' v' v' �.y
9
� � 69
�r H=-I
Tc�
O � ,� O
:� O � V] V] V] V] �
� U = o O O � � O � � �
N C
U
'O
O ix. �
� P. 9 z v� v� v� v� v� v� v� 0
Q = o ✓" ✓" ✓" ✓" ✓" ✓" ✓" 69
N =
� W y
�, o � e
� � �� � � ° a ° o g a00o
r..� ce a� d, �" d, d, d, r;
� � � �
W
�
�
�
o .�.
U
0
b �
� �
ro C"
o �
� �
� F �
w o �
C � ,7
0
� a� � C
�
p � � ,r�° .� 0.�,
b � � " > �
� �>�, �� '�
° 3 � � � o � O
� � b � � � � �� y
Up' y n' ,� +�'
'� � y ° ,� m �. °na ro O
�/] � � � a � � � `� �
'� N N o � .�, � �
� � � � � � � � � y
� � a 3 0 ° �' � � ^�°o
'� � � � °" o y d'
�O Ll U � � C
O � O � � a O
� °^ � � � � q � �
� ��� �W�b�°.'�
a, o� a, `T' �° b a� a° �
� o� �' � � ,� .� � a
� F� ��a�a�q
s:\legal\our documents�resolutions112\purchasing policy resolution.docx EXHIBIT 2
RESOLUTION NO. R2� 12-� 12
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A CITY LOCAL
PREFERENCE PURCHASING POLICY REGARDING THE LOCATION OF BIDDER'S
PRINCIPAL PLACE OF BUSINESS; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton elects to irnplement Local
Government Code, Chapter 271.905 and 271.9051 regarding the Location of Bidder's Principal
P1ace of Business;
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The following policy of the Purchasing and Payment Procedures Manual of
the City of Denton and entitled "Local Preference Purchasing Policy", attached hereto and made
a part hereof, is hereby adopted as an official policy of the City of Denton, Texas.
SECTION 2. The attached policy shall be filed in the official records with the City
Secretary.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: .�.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
L� �
BY: .�
�
� day of
�
2012.
u: •:
EXHIBIT 2
CIT�' �F DENTON
LOCAL PREFERENCE PURCHASING POLICY
Pur ose:
The purpose of this policy is to comply with Sections 271.905 and 271.9051 of the Texas Local
Government Code allowing for "Consideration of Location of Bidder's Principal Place of Business" in
the award of competitively bid contracts.
Procedure:
I. Scope
a. This policy applies to the purchase of real property, personal property that is not affixed to
real property, or services (including construction services) through a Competitive Bid.
i. Lowest Responsible Bid — Price is the single determinant factor when awarding a
bid to a responsible bidder.
ii. Best Value Bid — Price is only one of a number of determining factors that are
weighted for evaluation purposes. (Texas Local Government Code 252.043)
II. Criteria
a. Lowest Responsible Bids —
i. A five percent (5%) price differential will apply to construction bids less than
$100,000 and all other bids, including services, less than $500,000. Excludes
telecommunication and information services.
ii. A three percent (3%) price differential will apply to bids, excluding construction
and services, greater than $500,000.
The chart below is a summary of the criteria for Lowest Responsible Bids:
LGC 271.9051 LGC 271.905
5% price differential 3% price differential
Construction bids less than $100,000
All other bids, excludes construction and
All other bids, including services, less services, greater than $500,000
than $500,000
EXHIBIT 2
LOCAL PREFERENCE PURCHASING POLICY (Continued)
b. Best Value Bids —
i. Price is only one of a number of determining factors that are weighted for
evaluation purposes as provided in Texas Local Government Code 252.043. As a
result, an additional weighted factor will be added to all such bids for bidders
meeting local preference criteria. The appropriate weight, either 5% or 3%, will be
consistent with the criteria outlined in the chart above.
c. Local Bidder Preference Consideration Application (Attachment 1) —
A new and complete application must be submitted with each competitive bid by
the due date, including a Tax Certiiication from the Denton County Tax
Assessor/Collector (Attachment 2).
ii. This application serves to ensure the qualiiication of a bidder as a local bidder and
serves as the basis for meeting the statute's requirement that the governing body
fin, in writing, that a bidder is a local bidder.
d. Bidders seeking local preference must meet all specifications and minimum requirements
contained in the bid documents.
III. Exceptions —
a. This policy does not apply to purchases obtained through a Request for Qualifications
(RFQ), Request for Proposals (RFP), bids involving Federal funds, Cooperative Programs or
Interlocal Agreements.
IV. Award of Contract
a. The City Council may award a competitively bid contract to the lowest responsible bidder,
local bidder or reject all bids.
EXHIBIT 3
LOCAL PREFERENCE CONSIDERATION APPLICATION
For bidders whose business is located wit6in the Denton city limits
The City of Dcnton requires tite following information for consideration in award of competitive bids;
1. Location Eligibility;
Principal place o£ business is defined herein as any business which owns or leases a commerciai building within the City
limits and uses the building for actual business operations. Is company's principal place of business within the City Limits
of Denton, Texas7
a. If yes, identify the following: /
i. Business Name/DBA: �1 Gi. /''} � `5 �O°` � / K'� ` � K
ii. Address; � `'10(0 .�' �i .� �GS� ���i ��''7i�-R T� �6 �- � o
iii. Business Structnre:
(sole proprietorship/partnership/corporationlother)
b. Name and city of residence of owner(s)/partnerslcorporate off'ieers, as applicab(e.
iv. Name/Tit(e: gCe .^'� CS 1' (.t%OO�
v. City of Residence: �Q C w'��` TC K° S
If more than one owner/partnedcorporate officer exists, attACh a se�aratc sheet of paper.
2. Economic Development benefits that would result from award of this contract;
a, Total number of current employees wlio are residents of the City of'Denton? _�
b. Will award of this contract result in the employment/retention of residenis of the City of'Denton7 ✓Yes _ No
a Will subcontractors with principal places of business in the City of Denton be utilized7 � Yes ✓No
d. Wi11 award of tliis contract result in increased tax revenue to the City? �Yes _ No
e. lf yes, check types of taxes? V�operty Taxes Sa(es Taxes Hotel Occupancy Taxes
f. Other economic development benefits deemed peitinent by applicant (attach separate sheet if necessary):
City Bid Number for which locai preference is requested: �s✓ /
Cerii�cation of information:
The undersigned does hereby a�rm that the information supplied in its bid and this application are true and correct as of the
date hereof, under penalty of perjury.
�'u,��s �� fh. � P� k � 6-a- i`�
Company Name Date
�
Signature Print Name
l�vb�y�
❑ Tnx Certificate from Deotm� C�ount}• "C<ix ��ssessor is attuctied
EXHIBIT 4
BID 5557
VEHICLE LIST
Unit Acquire Type Department Account # Amount
WM1428 AddITION Water Metering 635055635.1355.30100 $39,187.00
WP1432 Replacement Water Production 635045635.1355.30100 $32,989.00
FM1465 Replacement Facilities 810184408.1355.30100 $36,032.00
FM1466 Replacement Facilities 810184408.1355.30100 $36,032.00
PM1472 Replacement Parks Maintenance 810179408.1355.30100 $42,991.00
PC1475 Replacement Parks Construction 810177408.1355.30100 $41,938.00
PB1481 Replacement Parks Athletics 810175408.1355.30100 $47,704.00
AC1462 Replacement Animal Control 810186408.1355.30100 $41,300.00
PD1461 AddITION Police 810188408.1355.30100 $27,774.00
PD1458 AddITION Police 810188408.1355.30100 $27,774.00
PD1457 Replacement Police 309801.8537 $33,410.00
TOTAL $407,131.00
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
EXHIBIT 5
DRAFT MINUTES
PUBLIC UTILITIES BOARD
June 9, 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, June 9, 2014 at 9:01 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, and Leonard Herring
Ex Officio Members: Howard Martin, ACM Utilities
Absent:
OPEN MEETING:
George Campbell City Manager, Barbara Russell and Lilia Bynum
CONSENT AGENDA:
6. Consider recommending adoption of an ordinance accepting competitive bids and awarding a
contract for the purchase of two (2) light duty vehicles for Water Metering and Water
Production Departments; providing for the expenditure of funds therefore; and providing an
effective date (Bid 5557-awarded to the lowest responsible bidder meeting specification,
James Wood Autopark in the amount of $72,176.00).
Board Member Gallivan motioned to approve item 6 with the second by Board Member
Robinson. The vote was 5-0 approved.
Adjournment 11:09 a.m.
EXHIBIT 6
ORDINANCE NO. 2014-
AN ORDINANCE ACCEPTING COMPETITNE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF ELEVEN (11) LIGHT DUTY VEHICLES FOR VARIOUS CITY OF
DENTON DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTNE DATE (BID 5557-AWARDED TO THE LOWEST
RESPONSIBLE BIDDER MEETING SPECIFICATION, JAMES WOOD AUTOPARK IN THE
AMOLTNT OF $407,131).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; 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 bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID VENDOR AMOUNT
5557 James Wood Autopark $407,131
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under Bid 5557 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.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
___ _ ��/� ,,� �
BY:
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
File #: ID 14-0244, Version: 1
DEPARTMENT:
CM/ ACM:
Date:
Transportation
Jon Fortune
June 17, 2014
Legislation Text
Agenda Information Sheet
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on both sides of Oakland
Street from its intersection with Hickory Street to its intersection with Oak Street, 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. The Traffic Safety Commission recommends approval (3-
1).
BACKGROUND
Oakland Street is a one block, one-way road segment between Oak and Hickory that is very narrow,
approximately 18-feet wide, that experiences heavy on-street parking on the west side of the identified street
segment. A site map, attached as Exhibit 2, is provided for reference. This on-street parking significantly
restricts both the travel lane and access to business and residential units in the area. The City of Denton
development review process requested the developer of the apartments on the northeast corner of Oakland and
Hickory to install no parking restrictions on both the east and west sides of Oakland to abate on-street parking.
Though "No Parking" signage was posted as requested, staff discovered that an ordinance to authorize
enforcement of the no parking zone was not created. Drivers have realized the restrictions are not being
enforced and generally park along the west side of Oakland constricting vehicular access. (Exhibit 3).
Violators tend to park on the west side because one vehicle is parked there and the others follow suit. The Fire
Code requires a minimum fire lane of 20 feet so that Fire Department apparatus may access the area should an
incident occur. The Traffic Safety Commission considered this issue in May 2013, and recommended, 3-1, to
implement a no parking restriction on both sides of Oakland between Oak and Hickory. Staff recently
determined the draft ordinance and Traffic Safety Commission recommendation was never scheduled for City
Council consideration.
Because the no parking restriction was initiated by staff due to the public safety concern, the customary petition
and formal notice of residents and property owners along the subject roadway was not facilitated prior to
consideration by the Traffic Safety Commission. To ensure residents and property owners in the affected area
are aware of the proposed ordinance and subsequent enforcement of the no parking restrictions, letters were
mailed on May 30, 2014, providing notice of pending Council consideration of the proposed ordinance. At the
time this document was prepared, staff had received no comments regarding the proposed no parking
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0244, Version: 1
restriction.
OPTIONS
1. Approve the ordinance
2. Approve the ordinance with conditions
3. Deny approval of the ordinance
RECOMMENDATION
Traffic Safety Commission recommends approval of no parking on both the east and west sides of Oakland
Street from Hickory Street to Oak Street. Staff recommends no parking on the identified street segment.
ESTIMATED SCHEDULE OF PROJECT
The ordinance would become effective 14 days after adoption.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On May 6, 2013, the Traffic Safety Commission recommended, 3-1, to restrict parking on both sides of
Oakland. An Informal Staff Report provided to City Council on May 23, 2014.
FISCAL INFORMATION
Depending on visibility of the signs, at least four signs and a post for each will be required, less than $1,200.
EXHIBITS
1. Ordinance
2. Site Map
3. Photos of Oakland Street Parking Conditions
4. Excerpt, Traffic Safety Commission Meeting Minutes dated May 6, 2013
Respectfully submitted:
Mark Nelson
Director of Transportation
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
s:Alegal\our documenis\ordinances\l4�no parking oakland.doc
EXHIBIT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON
BOTH SIDES OF OAKLAND STREET FROM ITS INTERSECTION WITH HICKORY
STREET TO ITS INTERSECTION WITH OAK STREET; 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
EFFECTNE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. When signs and/or marking or any combination thereof are in place giving
notice thereof, no person shall park a vehicle on either side of Oakland Street from its
intersection with Hickory Street to its intersection with Oak Street.
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. That all provisions of the ordinances of the City of Denton in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall
remain in full force and effect.
SECTION 4. 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 5. 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 6. 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 7. This Ordinance providing for a penalty shall become effective 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 2
CHRIS WATTS, MAYOR
N
�
�
�i
�
W
z�
�
� L
y � Y
C� aL+ N
•� L •�I
� � Nd
� L LL
y � R
R
0 � �
(i � R
���
L L �
d
d �
L :� �
a�
��a
�` a s
� y
O 0 0
y � C
� V O
L iH �"�
0 Y �
,� 0 �.i
� � y
4% �+ L
� � d
c c :i •
Y y � �
�
� � R �
y d � O
-a � O'�
C a=� N d
R T•� Q
L
r � � S
N � N �'
� O V �
O rn R �
L
�..Ti � � �
U L � �
� O R O
r y � �
�.i
T N � R
S Q — X
N
N N N ~
Qs � O
L T� y
Q. � L y�j
c E�i�
o � �+
R R�r
C T}' O
N V 7 '�
L 7 � T
C- V V N
L IO +"� �
L 0 �
i w � �
a� R �
��+3R
�r y J
� R X R
Q � H O
� � � y
0 Y W
y � y O
�!�ma`
�
_
1!
�
p�
p�
�
��
N �'
0 cs
0 tt.A,.
4'Y
ms
"rcn
"era
ms
� �
O
� "mr
0 ms
O rcvp
N °a'ro
N ��
N ,e"
y� cs
0 O 4�9
m
�
m
_
x
w
i
EXHIBIT 4
MINUTES
TRAFFIC SAFETY COMMISSION
May 6, 2013
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, May 6, 2013 at 5:32 p.m. in the Service Center Training Room, City of
Denton, 901 A Texas Street, Denton, Texas.
Present: Chair Wally Campbell, Vice Chair Carmen Lipscomb, John Murphy, and
Kenneth Leathers,
Absent: Patrice Lyke, Gilmore Morris and Nancy DiMarco
Also Present: Jim Coulter, Director Water Utilities and Staff Liaison
Bernard Vokoun, Traffic Engineer
Kim Mankin, Administrative Supervisor
OPEN MEETING:
2) Receive a report, hold a discussion and give staff direction regarding approval of a no
parking any time restriction ordinance on both the east and west sides of Oakland Street from
Hickory Street to Oak Street.
Bud Vokoun, Traffic Engineer, gave the presentation. Vokoun stated that when the apartments
on the northeast corner of Oakland and Hickory were developed, residents were parking
routinely on Oakland. It became a concern for the fire department since they are multiple stories
they will need to get the hook and ladder in that has the stabilizers. They really need 20 feet to
work so if there is a fire on the back side of the apartments they really need to have the area
clear. There is nothing on the west side that the commercial properties need parking.
Vokoun showed pictures of the area and gave information of parking in the area. There is a lady
that had already asked for no parking in front of her house and that has already been
accomplished. The only area in question is on the east side next to the apartments which isn't
being used right now anyway. When the Development Review Committee looked at this they
required no parking signs on the east and west side for the length of the apartments. On the west
side the signs are on the buildings without complaints. No parking would benefit the residents
that live in the apartments as well as to driving down the road. Staff has also had complaints
from solid waste regarding garbage trucks not being able to get down the street.
Chair Campbell said he has been down that street and understands the need. Leathers asked that
there is an area where there is no parking and cars are parking there anyway. Vokoun agreed.
Leathers asked where the no parking actually is. Vokoun stated it is along the entire area.
Lipscomb asked where the residents are suppose to park Vokoun stated there is off street
parking that has been built. Campbell stated they have to pay extra for that and some do not
want to do that. Lipscomb has driven the area and agrees it is horrible.
Draft Traffic Safety Commission Minutes
May 6, 2013
Page 2 of 2
Vokoun stated there will be signs put up and redistributed and then enforced. The ordinance is
written as signs or markings and/or some combination. Staff doesn't believe they can get signs
up on the west side so the curb may have to be painted with no parking.
Leathers asked for the area for the apartment building they would need that because of the multi
story for fire purposes. Vokoun agreed. Leathers asked if it could be a consideration to paint
that part as no parking instead of the entire street. Vokoun stated that the apartments will be
marked, the lady already wants it, and the commercial area seems to want it as well to clean up
the street. The only area would be the area on the west next to the fence, not much is gained by
having just a couple of parking spots. It is better just to clear the area. The angle parking was
purposely put on Hickory to allow more parking. Back in parking will pick up even more spots.
The parking for Wells Fargo is being re-stripped and will add parking. Staff believes with the
new parking the couple of spots on Oakland wouldn't make a difference.
Commissioner Murphy moved to have no parking on Oakland Street both sides, second
from Commissioner Lipscomb. Vote 3-1 approved.
The meeting was adjourned by consensus at 6:37 p.m.
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0246, Version: 1
Agenda Information Sheet
DEPARTMENT: City Manager's Office
CM:
Date:
George C. Campbell
June 17, 2014
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton,
Texas and Denton Black Chamber of Commerce; authorizing the expenditure of funds; and providing for an
effective date. ($1,200)
BACKGROUND
This agreement allows for the total expenditure of $1,200 from Council Contingency Funds. (Mayor
Burroughs $100, Mayor Pro Tem Kamp $500, Council Member Roden $200, Council Member Engelbrecht
$200 and Council Member Hawkins $200) (Mayor Burroughs requested the designation of funds on May 9,
2014 and Mayor Pro Tem Kamp requested the designation of funds on May 7, 2014, prior to their last day on
council.)
Key provisions of the agreement include:
• Funds shall be used by the Organization for expenditures for the Denton Blues Festival.
• 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 agreement will come from Council contingency fund accounts.
EXHIBITS
1. Ordinance
2. Agreement
Respectfully submitted:
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0246, Version: 1
George C. Campbell
City Manager
Prepared by:
Linda Holley
Senior Executive Assistant
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
s:\legal\our documents\ordinances\ l4\serv agr-denton black chambcr.doc
ORDINANCE NO.
AN ORDINANCE OF TH� CITY Or' llEN'1'ON AUTHORIZING AN AGREEMENT BETWEEN
7'HE CITY OF DENTON, TEXAS, AND THE DENTON BLACK CHAMBER OF COMMERCE;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDINC'� FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Denton hereby finds that the Agreement between
the City and the Black Chamber of Commerce, attached hereto and made a part hereof by reference
(the "Agreement"), serve a municipal and public purpose and is in the public interest; NOW,
THEREFORF,,
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
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
....:r i' -� ,,,. ;✓"�
� ' r�r
. .
.�✓
BY: �•�!� ;�� �,�-� �:.
S:\Legal\Our pocuments\Contracls\14\Serv Agr- Uenton I�luck Chamber.doc
SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
DENTON BLACK CHAMBER OF COMMERCE
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 the Denton Black Chamber of
Commerce, a not for profit organization, hereinafter referred to as "Black Chamber".
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 the purpose of a
donation to Black Chamber which provides a benefit to the citizens by sponsoring the Denton Blues
Festival; and
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public
interest;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. SCOPE OF SERViCES
Black Chamber 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 shall be used for
expenditures for the Denton Blues Festival.
II. OBLIGATIONS OF BLACK CHAMBER
In consideration of the receipt of funds from City, Black Chamber agrees to the following
terms and conditions:
A. One Thousand, Two Hundred/100 ($1,200.00) shall be paid to Black Chamber by
City to be utilized for the purposes set forth in Article I.
B. Black Chamber will maintain adequate records to establish that the City funds are
used for the purposes authorized by this Agreement.
C, Black Chamber will permit authorized ofticials of City to review its books at any
time.
D, Upon request, Black Chamber will provide to City its By Laws and any of its rules
and regulations thal may be relevant to this Agreement.
E. Black Chamber will not enter into any contracts that would encumber City funds for a
period that would extend beyond the term of this Agreement.
Page 1
S:1Lcgal\Our pocuments\Conlracls\14\Serv Agr - l�enlan [31ack Chamber.doc
F, Black Chamber will appoint a representative who will be available to meet with City
officials when requested.
III. TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Black Chamber within the
following time frame:
The term of this Agreement shall commence on the effective date and terminate September 30,
2014, unless the contract is sooner terminated under Section VII "Suspension or Termination".
i�"`, ��.�Y1�I?�f°�"�
A. PAVnaENTS To BLACK CHAMBER. City shall pay to Black Chamber the sum
specified in Article II after the effective date of this Agreement.
B. ExcESS PAVtvtEtvT. Black Chamber shall refund to City within ten (14) working days
of City's request, any sum of money which has been paid by City and which City at any time
thereafter determines:
1) has resulted in overpayment to Black Chamber; 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.
EVALUATION
V. ..� �..� .._m...�
Black Chamber agrees to participate in an implementation and maintenance system whereby
the services can be continuously monitored. Black Chamber agrees to make available its bank
statements for review by City at City's discretion. In addition, Black Chamber 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, Black Chamber agrees to maintain records that will
provide accurate, current, separate, and complete disclosure of the status of funds received and the
services performed under this Agreement. Black Chamber's record system shall contain sufficient
documentation to provide in detail full support and justifcation for each expenditure, Black
Chamber agxees 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 Black Chamber of
responsibility for retaining accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
Page 2
S:\Legal\Our pocuments\Contracts\14\Serv Agr - Denton [31ack Chambcr.doc
Vl. MEETINGS
Minutes of all meetings of Black Chamber's governing body shall be available to City within
ten (10) working days of approval.
VIi. TERMINATION
The City may terminate this Agreement for cause if Black Chamber violates any covenants,
agreements, or guarantees of this Agreement, the Black Chamber's insolvency or filing of
bankruptcy, dissolution, or receivership, or the Black Chamber'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 specifically enumerated in this paragraph.
VIII. EQUAL OPPORTUNITY AND COMPLIANCE W1TH LAWS
A. Black Chamber shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations.
B. Black Chamber will furnish all information and reports requested by City, and will
permit access to its books, records, and accounts for purposes of investigation to ascertain
compliance with local, State and Federal rules and regulations.
C. In the event of Black Chamber's noncompliance with the nondiscrimination
requirements, the Agreement may be canceled, terminated, or suspended in whole ar in part, and
Black Chamber may be barred from further contracts with City.
IX. WARRANTIES
Black Chamber represents and warranis 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 supporting bank statements heretofore requested by City and furnished to City,
are complete, accurate and fairly reflect the financial conditions of Black Chamber 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 ofi Black
Chamber.
C. No liti�ation or legal proceedings are presently pending or threatened against Black
Chamber.
Page 3
S:\Legal\Our pocumenls\Contracts\14\Serv Agr - Denton Black Chamber.doc
D. None of the provisions herein contravenes or is in conflict with the authority under
which Black Chamber is doing business or with the provisions of any existing indenture or
agreement of Black Chamber.
E. Black Chamber has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
F, None of the assets of Black Chamber 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 Black Chamber to City.
Each ofthese 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 or
regulation,
C. Black Chamber shalJ notify City of any changes in personnel or �overning board
composition.
XI. INDEMNIFICATION
To the extent authorized by law, the Black Chamber agrees to indemnify, hold harmless, and
defend the City, its officers, agents, and employees from and against any and all claims or suits for
injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the
performance by the Black Chamber 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 Black Chamber, its ofticers, employees,
agents, subcontractors, licensees and invitees.
XII. CONFLICT OF INTEREST
A. . Black Chamber covenants that neither it nor any member of its governing body
presently has any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement. Black Chamber further
Page 4
S:\Legal\Our Uocuments\Contrects\14\Serv Agr - fh;nton Black Chamber.doc
covenants that in the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
B. Black Chamber 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 carrying 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 Black Chamber in which he has
direct or indirect interest.
XII1. 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 Black Chamber or City, as the case may be, at the
following addresses:
CITY
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
BLACK CHAMBER OF COMMERCE
Denton Black Chamber of Commerce
Kerry Goree
P.O. Box 51026
Denton, TX 76206
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. Black Chamber 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 Black Chamber hereunder, or any other act or failure
of City to insist in any one or more instances upon the terms and conditions of this Agreement
constitute or be construed in any way to be a waiver by City of any breach of covenant or default
Page 5
3:\Legal\Our pociunents\Conlracts\ 1415crv Agr - Denton 131eck Chambcr.doc
which may then or subsequently be committed by Black Chamber. Neither shall such payment, act,
or omission in any manner impair or prejudice any right, power, privilege, or remedy available to
City to enforce its rights hereunder, which rights, powers, privile�es, or remedies are always
specifically preserved. No representative or agent of City may waive the effect of this provision.
D, This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the State of Texas
and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction
sitting in Denton County, Texas.
IN WITNESS WH�REOF, the parties do hereby aftix their signatures and enter into this
Agreement as of the day of _m� , , 20 .
CITY OF DENTON
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFBR WALTERS, CITY SECRETARY
�.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � �, '�'" � ,� �.� �� '' / ,�
,� ,� . .. --�—� �.
�<°
�
DENTON BLACK C"1 ���'C13ER OF COMMERCE
:
r��
TITLE �..� �����°�"� ' �"���� ����,�°'� ����
Page 6
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0247, Version: 1
Agenda Information Sheet
DEPARTMENT: City Manager's Office
CM:
Date:
George C. Campbell
June 17, 2014
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton
and Texas Filmmakers Corporation for the purpose of expense for the 2014 ThinLine Festival; authorizing and
ratifying the expenditure of funds; and providing for an effective date. ($2,050)
BACKGROUND
This agreement allows for the total expenditure of $2,050 from Council Contingency Funds. (Mayor Pro Tem
Kamp $500, Council Member Gregory $450, Council Member Hawkins $250, and Council Member King
$850) (Mayor Pro Tem Kamp requested the designation of funds on May 7, 2014 and Council Member King
requested the designation of funds on May 13, 2014, prior to their last day on council.)
Key provisions of the agreement include:
• Funds shall be used by the Organization for facilities rental and equipment incurred for the 2014
ThinLine Festival.
• 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 agreement will come from Council contingency fund accounts.
EXHIBITS
1. Ordinance
2. Agreement
Respectfully submitted:
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0247, Version: 1
George C. Campbell
City Manager
Prepared by:
Linda Holley
Senior Executive Assistant
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
S:\Legal\Our L?ocum�nts\drdinances\14\serv agr-Texas Filmmakers Corp ord.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND TEXAS FILMMAKERS
CORPORATION FOR THE PURPOSE OF EXPENSES FOR THE 2014 THINLINE FILM
FESTIVAL; 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 Texas Filmmakers Corporation for the purpose of expenses for
facilities rental and equipment incurred for the 2014 ThinLine Film Festival, attached hereto and
made a part hereof by reference (the "Agreement"), serves a municipal and public purpose and is
in the public interest; NO W, 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 carry out the duties and responsibilities of the City under the Public Service
Agreement, 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 � v,�, 2014.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:•
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� -. � __� � �'���
_�
� �� � � �
._- � �' `
BY: � �,"'"W^ _.��.nn � � , �'" �..�,.._ —
����, �:w.,
S:ALegal\Our pocumentslContracts\14\Serv Agr -"1'ex Filmmakers Corp..doc
SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
TEXAS FILMMAKERS CORPORATION
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 the Texas Filmmakers Corporation, a
not for profit arganization, hereinafter referred to as "Texas Filmmakers".
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 the purpose of a
donation to Texas Filmmakers which provides a benefit to the citizens by providing facilities and
equipment for the 2014 ThinLine Festival; ai��d
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public
interest;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. SCOPE OF SERVICES
Texas Tilmmakers 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 shall be used for facilities
rental and equipment incurred for the 2014 ThinLine Festival.
II. OBLIGATIONS OF TEXAS FILMMAKERS
In consideration of the receipt of funds from City, Texas Filmmakers agrees to the following
terms and conditions:
A. Two "1'housand, Fifty Dollars/100 ($2,050.00) shall be paid to Texas Filmmakers by
City to be utilized for the purposes set forth in Article I.
B. Texas Filmmakers will maintain adequate records to establish that the City funds are
used for the purposes authorized by this Agreement.
C. Texas Filmmakers will permit authorized officials of Ciry to review its books at any
time.
D. Upon request, Texas F'ilmmakers will provide to City its By Laws and any of its rules
and regulations that may be relevant to this Agreement.
E. Texas Filmmakers will not enter into any contracts that would encumber City funds
for a period that would extend beyond the term of this Agreeinent.
Page 1
S:ALegal\Our pocuments\Contracts\14\Serv Agr - Tcx Filmmakers Corp..doc
F. Texas Filmmakers will appoint a representative who will be available to meet with
City officials when requested.
III. TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Texas Filmmakers within
the following time frame:
The term of this 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. PAYMENTS To TEXAS FILMMAKERS. City shall pay to Texas Filmmakers the sum
specified in Article II after the effective date of this Agreement.
B. ExcESS PAVMENT. Texas Filmmakers 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 determines:
1) has resulted in overpaymcnt to Texas Filmmakers; 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. EVALUATION
Texas Filmmakers agrees to participate in an implementation and maintenance system
whereby the services can be continuously monitored. '1 exas Filminakers agrees to make available its
bank statements for review by City at City's discretion. In addition, Texas Filmmakers 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, TeXas Filmmakers agrees to maintain records that will
provide accurate, current, separate, and complete disclosure of the status of funds received and the
services performed under this Agreement Texas Filmmakers's record system shall contain sufficient
documentation to provide in detail full support and justification for each expenditure. Texas
Filmmakers 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.
Page 2
S:ALegal\Our pocuments\Contracts\14\Serv Agr -'T'ex Pilmrnakers Corp..doc
C. Nothing in the above subsections shall be construed to relieve Texas Filmmakers of
responsibility for retaining accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
Vl. MEETINGS
Minutes of all meetings of Texas Filmmakers's governing body shall be available to City
within ten (10) working days of approval.
V II. TERMINATION
The City may terminate this Agreement for cause if Texas Filmmakers violates any
covenants, agreements, or guarantees of this Agreement, the Texas Filmmakers's insolvency or filing
of bankruptcy, dissolution, or receivership, or the Texas Filmmakers'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 specifically enumerated in this paragraph.
VIIL EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Texas Filmmakers shall comply with all applicable equal employment opportuniry
and affirmative action laws or regulations.
B. Texas Filmmakers will furnish all information and reports requested by City, and will
permit access to its books, records, and accounts for purposes of investigation to ascertain
compliance with local, State and Federal rules and regulations.
C. In the event of Texas Filmmakers's noncompliance with the nondiscrimination
requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and
Texas Filmmakers may be barred from further contracts with City.
IX. WARRANTIES
Texas Filmmakers 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 supporting bank statements heretofore requested by City and furnished to City,
are complete, accurate and fairly reflect the financial conditions of Texas Filmmakers 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
Texas Filmmakers.
Page 3
S:ALegal\Our pocuments\Contracts\14\Serv Agr - Tex Filmmakers Corp..doc
C. No litigation or legal proceedings are presently pending or threatened against Texas
Filmmakers.
D. None of the provisions herein contravenes or is in conflict with the authority under
which Texas Filmmakers is doing business or with the provisions of any existing indenture or
agreement of Texas Filmmakers.
E. Texas Filmmakers has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
F. None of the assets of Texas Fi lmmakers 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 Texas Filmmakers 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 Agrecment 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 or
regulation.
C. Texas Filmmakers shall notify City of any changes in personnel or governing board
composition.
XI. INDEMNIFICATION
To the extent authorized by law, the Texas Filmmakers agrees to indemnify, hold harmless, and
defend the City, its officers, agents, and employees from and against any and all claims or suits for
injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the
performance by the Texas Filmmakers 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 Texas Filmmakers, its officers,
employees, agents, subcontractors, licensees and invitees.
XII. CONFLICT OF INTEREST
Page 4
S:ALegal\Our UocumcntslContracts\14\Serv Agr - Tex Filmmakers Corp..doc
A. Texas Filmmakers covenants that neither it nor any member of its governing body
presently has any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement. Texas Filmmakers further
covenants that in the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
B. Texas Filmmakers 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 ofthe undertaking or carrying 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 Texas Filmmakers 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 Agrccment 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,
ar via hand-delivery or facsimile, addressed to Texas Filmmakers or City, as the case may be, at the
following addresses:
CITY
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
TEXAS FILMMAKERS
Texas Filmmakers Corporation
Joshua Butler
510 N. I35E
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. Texas Filmmakers 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.
Page 5
S:ALegal\Our pocuments\Contracis\14\Serv Agr -"I'ex Filmmakers Corp..doc
C. In no event shall any payment to Texas Filmmakers hereunder, or any other act or
failure of City to insist in any one or more instances upon the terms and conditions of this Agreement
constitute or be construed in any way to be a waiver by City of any breach of covenant or default
which may then or subsequently be committed by Texas Filmmakers. Neither shall such payment,
act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to
City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of City may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the State of Texas
and venue of any litigation concerning this Agreement shall be in a court 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 28th day of May , 20 14 .
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
AI�ITA BURGESS, CITY ATTORNEY
,�
BY: .-,!" _ i -��::
,,. �
� , ;:� � -
Page 6
CITY OF DEN'TON
GEORGE C. CAMPBELL, CITY MANAGER
TEXAS FILMMAKERS CORPORATION
BY: �
TITLE: President
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0248, Version: 1
Agenda Information Sheet
DEPARTMENT: City Manager's Office
CM:
Date:
George C. Campbell
June 17, 2014
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton,
Texas and Interfaith Ministries; authorizing the expenditure of funds; and providing for an effective date.
($1,300)
BACKGROUND
This agreement allows for the total expenditure of $1,300 from Council Contingency Funds. (Council Member
Gregory $250, Council Member Hawkins $200 and Council Member King $850) (Council Member King
requested the designation of funds on May 13, 2014, prior to his last day on council.)
Key provisions of the agreement include:
• Funds shall be used by the Organization for housing and rental for low income families.
• 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 agreement will come from Council contingency fund accounts.
EXHIBITS
1. Ordinance
2. Agreement
Respectfully submitted:
George C. Campbell
City Manager
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0248, Version: 1
Prepared by:
Linda Holley
Senior Executive Assistant
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
s:\legal\our documents\ordinances\14\scrv agr-interfaith ministrics.doc
ORDINANCE NO.
AN ORDINANCE OF 1 HE CITY OF DENTON AUTHORIZING AN AGREEMENT BETW�EN
THE CITY OF DENTON, TEXAS, AND 1NTERFAITH MINISTRIES; AUTHORIZING THE
EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTNE DATE.
WHEREAS, the City Council of the City of Denton hereby finds that the Agreement between
the City and Interfaith Ministri�s, 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.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
y �
,, �
-� ;� - ` � .
B Y: i ;_._ G�`=..�.,c''
r`
� �
S:\LegallC3ur pocumcnts\Conteucts\14lScrv Agr- Interfailh h1inislries.dc�c
� � �
i � �
i �
� � .. �' ' ' ' . � ' ' � '�.: � 1 � 'I ... 1 1 ' . . • '. 1. . , ' .. � . ......: � . �. �. . � .�.
� ..,. i'� . 1 1'� � • . ��. . . ' , • , ... . . . �. ! . ,. 1 .. . �. � .. :: . . � .. �. i � � ..�
!` � r ., - ' / �t .
� � w '� ' � 1►l . 1 - • ', • " � .
! 1 !. ..�.�, . . � � • 1 . I �'� 1 � �+' • � )! `! .
w � . !' � . � 1 1' . �• , + , , . �', ' � , � r , � � �,,
1 r • ; .
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public
interest;
' � ►' �► • �. . - - � . ' ,: -- . � �
I_ SCOPE OF S�;RVICES
. , . . , . � , � � w�� , . �. � • � � _', t
- �, • � � ••� � , �,• � R• : + �•� , �. .� � � ' , , a
� � �
#: �, � � •'���.
ln consideration of the receipt of funds from City, Interfaith agrees to the f�ilowing terms and
conditions:
� � • r . � �' -� !1 ', 11 11 r• �, r
�. -� r - � �� - ,
_' ,: s � . • , . . � + : � . � , . , � . •' • ,
- r �� - .! * -� � • , .. .
�. �, .w � � � r��
l �� •� � • �. � : , � . � . r
- , t �� • � �� ' +��
� � . � � r • �� � �
r- �• . � � - . � . � _ . � . , .. .
F. lnterfaith will appoint a representative w-ho will be available to meet with City
officials when requested.
•..• I
S:\Legall0ur Daoumenls\Contracts\14\Serv Agr - Interfaith Ministries.doc
� * '
f • !'�,. 1 �', � • � # ` 1I. ���. � 1 �,': ' � 1�'�. �
1 1 �
.. . , � � � ._., . ..+. � • . � .; _ _ • 1. ", 1 � 1 • ���.
� � � 11 ' '� !' 1 � 1 �
��
: � � �� � � . ��+ 1 - . ' � t - � �.
�, 1 � �
� � � � � 1 �' f � 1,
„/ ' �.���. 1 , 1�� ' � ' ' ��. � 1 }�''... r �: 1 . .. . . .. ...
�' ,
'�, 1 " �� 1 1'I
. 1' f � 1 '( � , - , . . � • • . �
� �.. � 1 � 1 ��:. ' A � �• � . 1 ' 1 ' 1 1 ��. �. � 1�� ��'. • �.'..' 1
�'��. � ,��.
1 �; /. 1, � � �
i ���.. 1 � 1 1! ' 1 . + � . � / � f��'.
1`. . � . ! .. ' � �. � 1 1 �. '�, w . ' � � , � . ., . � �, � ' ; ': � � . � � � . '��. a;
. 1 '!�` � 1� • .�i
� � • �, , . �` 1 , , . 1 . ;�' 1 . . .
i • � � 1 .+' - f 1 � � � w.
, . . ., .�. . ' ,! 1 1 ! ' ' �' � ' � . � '� - • -� .; - . _
f. � .1 1; , � .. -. ' . ' �, � " .' 1 . ' 11 . ', �
1: .. � ! .'. � � - .��� ', ! . f . '!. � 1 � � ' " 1 ' 1. �,, - , �... = . � . . �
r1• . � � � . .�� . � ' , � � • � �' . � 1 . _
Y �:.� • • f:. . � �: �� 1 ' 1 �� '�. ' � : � ! . � � �. � . . . ... � �. , . . :.'.
1 ' . 1 f ' � ' �'
.� 1 ` �.. ! � . � +, . . . '�.. . ;' '
.:. . � ; . . �...: � .:.. , � ' �' � 1 �:;. . .,' . . -. • - ' • • �.' i 1 1��� .'. • �, . ..
� � �', • � �, �:' �
r.��szi
S:\l.egallnur [7ocumcnts\Contracts\l4�Scrv Agr- Inierfailh Ministries.dac
V1. MEETINGS
. � .. , � . � , ;� - ! ��� , � . . ,� • � .
1 �: � r'. � .�� �`.,
. �
- - • � - • , , • , � • � .
.. .. . � , . , •• � `, •' ' - , • � . � �. �
� � � • ' � � - + , �';, � � . � �: . � � ►♦ �
�- � � . ., #�
�. . . .� � ,+ .•
� � ���#;r ., R �; � . .
� • . , � � , ' ,�� .� � - , , � � • � �• . r
� ♦ + . �`
; `� � . � -�� -i •� ►° , � ��
� , r�� . � � . � , � + • � • _. � • . , � � •
� - , r •� � - . � - . �
. � . � � , . . � . � •� . .
. . .. � �. . .w - . -� � �• �-� � • � �. , � . , . �-
�, -� - � .
IX. W,AIZRANTIES
Interfaith represcnts and warrants that:
. . '� . • '�� , � �. . . •;� � ' • � •, • -� - �� r
-i � . - . � � -'- . � . . • . �. r � � � . � � � •►�
� �, �; •• �� �- •
: � , �. . • . - • w � � � � � -� �
� • • � � + - �, �
. • -r� � � � rr• � � • �� r� w •;^^� � .�� �; . �
r, - - . �-- , - , . �- .�, - - � � - • - ,, , � � � � .
C. No litigation or lcgal proceedings are presently pending or threatened against
Interfaith.
l � - � - r'� r . . , . , � � • . � �•
- � . - ~ � � � � - , � . . �, .
.'
� _.
S:\Legall0ue documents\Conuacts\l4�Serv Agr - lnlerfailh Minislries doc
, . �� . � . . , a .. . 1 + '�', 1 ' ' " �"
. . ',. ' ,, . . . 1 f' , � , � . � . �. . . . w 1 � #, �
� „ .. .
. � .��. � -. , . ...;. �� •. . ��. �:. 1 .#' . � ' �'� ;. • ...,,. / . . :� •
.. ' ' 1 1 . ' w !' � . . .�',. 1 •1. .' ' '�
)
. � • . '1 ' ' � 1 ; . � . . - . ! f. 1 ' � . ! � �. �.. .w 1 ,',-
�.,.. . . �.. • ^ ! �. _. .., � ...: � 1 ,.. ' . ,•. i ' �: � � , � ' '
� ♦ , . .. , '��.
� � � �11! 1 1• . � � � i �� �
' .. ' � : ' ' ��. . . ��'��.. � 1 1 'I 1 . �: . . ��. . + ��. . . � � . .: �. . . ... '
f�� �: !' `. 1 C 1��� ' 1�����.
• 1' 111 � '1 l �+ � •�• �
�. ���� , . ���. • � � ` . ! , ... ' ' � � [ � 1 � .., _ �.. � c, � • . .... . c.
#� r 1 . ' 1 �' . 1 . . � 1� , '1' 1 4 ` .. �,, ' .
. � . ' � ..: � , ;. � ' � ' .. .',. � 1 � ' � * • ' .. .. � . - A',, . ' �; ,. • �.. � ... ,.. ,.
': � '.., . .. .
C. [nterfaiih shall notify City of any changes ►n personnel or governing board
composition.
� „ ��
� � + �' �'' � +"
- ♦ • , - . � • � � -. � , w .*, , . � . . � + •'
�' .- w � . � . - - � . . - , � � � • � � "
�
r- � . • r' - - , � r - - � �', � r, • � •- - � � .
� , - ♦ , ; •. •� �� ♦ ,� s � . � :: , r , � �, -� � - �
�r, r� . -., � -;, ;- ,� . � �' . � i - ,: � - �, � ..
r r , � • - . ��, . .
�� ; � �rD�►�Ot+'i
, . , � . , . • 1 , - �^ • •� • : ���' �
. , � - �' � . . • � �•: -- • �- � , . �,
- - •• -• � rc �' ,, •� �. � _ .. . . .. � • . . ,
r- � . . * �,, -• - � �• � . : - - , . . -� � .►r�. -� , .
�- ♦ *w • � r1�'
� .; c
S:\Legall0ur pocuments\ConYracls\ld\Serv Agr- IntcrfaiBh Minislries dnc
��; � 1 ' � ..1� " � � �'.
1 � . � ♦ ' � ' • , �,� - : . - . , . . 11 � � , � �! ' .
• . �� �f ' � - � 1 ���." + � ' 1: � •�� .. . �.'��,.� � . �..'�� � � � .� � - -� ... ' f'�.� �
If`s . f' ' • , ., 1 ` 1 �', . .
� + � ; . . �..� � . �, •: ., ���.. . � :�` - 1'^�,^ � �:; �� "�� � f'��1
, . ' . � ,, 1 ' ',/1 1 . . . . �i . 1/ 1' r 1 ' �- , � 1 . - �' ,
*. �. � + • �' • , � :. 1 . . � � � . . -' � ���. � ' ..'... � ' , � • e, � - . . � . �.
I�_ + �, • . ., � . . . � 1 11' . �' �� " 1 1' '' ' �`'
�
'� � ,... ' 1 ." ..1 ' • , . - 1 ,,. ' 1 1'..'. f ' ' 1 1.,. 1 ' 1 ' , ' • 1.. '.. . � ' , .. . .
�., � .:: � . . � - .:: � - 1, ��.- • ' � ��:. . " ' ' . � ` ' .-. � '.. �. . . . ... � � . ... �. .. , ..
��: ' � � '... 1' '. '�. ! " . � . '�:1 � . ` .'. � � 1 ... �: ! ' � , . ' ' �. . � .. �: .. . � _. . . ��:
f' r � / �' " •'` � ' ��'1 � 1 ' � � " , ' . �' . • # •
.�w '
�
City of Denton, Texas
Attn: City Manager
215 �. McKinney
Denton, TX 76201
I � � R
.. � ��.: I�I .. ..
� i
�
i' � +
�- ,
- •, . . - , � .�� - � � : � . � . ;• �, ,�� . �
� .t• .�� r', •� � •� -r
X1V. MISCELLANEOt1S
A. Interfaith shal l not transier, pledge or otherwisc assign this Agreement or any interest
therein, or any claim arising thereunder to any party or parlies, bank, trust compairy ar other financial
institution without the prior written approval of City.
: . � � � � . . . � �- . � -.. - `:.� . _
• . � � r, � . . � � . ,; � . . . �! s . � � � � ' • � .
� . -�
r . . �, • � . � ' �• • . , � • , � f _ *
� . � • . _ �� . . . � � � � -
. w ��^ � -� . . � t• . . - r°• � , r •. � # " . �' �• .
< � � _� _' �,. � -� r, , - . . �, - - . 1 # •
1 . � f 1 ' � � 1 � � ����: ' 1'�. . / .. 1�� .. f` • '�..
1 � -, .. :;..
S:\Legall0ur pocuments\Contracts\14�.Scrv Agr- Inrcrfaith Ministries dor
� ' • �• � 11 - � -r,. . .� . � ' .,, � +- . � , 1'
1 �' I 1 # � 1 '1
� � .
r� � . . .� � �, . . . � �. . ., � . �� . . ,
� +• �� • 1 ! ! !' .+ 1
!'
, � � 1 � ' • i � � : , ' � � � -', _ . , !, '� - ,
' ' #, � - ^� • . � . � 1` . . �,��. . . .� .
.: � � � � �:,. . . .. ,...�.. * _ . �. � . � . . .�.
a � •• ' �'' / ! ' .1 1 � - . � " • ' • • �
_
,' � . , . � .' r. 1 � ' � •" ' . �.^' . 1' � ^ _ � �''
� �' 1 1
r /. �. 1 i, ' F � ( •
� � , 1 . 1', �
�
R . � � !: � � �.. ► .,
1�)!I
�. � � � �. �� , ♦ , ' � �, ! ► �
•.� � � � a �, ��
,
� � .,��, .,"".�
� ,,..e. � � � ,., ,�,� �
:p .�° . ✓�� .
BY u... �,.�,� � .�.:�:. � ;� ,� : � ....._ � ,.� �� � � �
.,, .
� ' / � �,
� r r • � � �
1NTERFAI'1'H MINISTRIES
r� �
���—�'��'��`��� �~" 4 a �°��. � � ,,...
s �
� ��!r°#. -� � ' �- ���.� �
�Y d�.a � � ��� ^?
� �� �
TITLE. � °'`� �" �_����.,,µ �� :��.�J,.��� �
�.������:��� _ �. . �
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0250, Version: 1
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
ACM:
AGENDA DATE
Bryan Langley
June 17, 2014
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the
construction of the Highland Street Sanitary Sewer Line and Drainage Improvements for the City of Denton;
providing for the expenditure of funds therefor; and providing an effective date (Bid 5535-awarded to the
lowest responsible bidder meeting specification, Quality Excavation, LTD, in the amount of $357,390.80). The
Public Utilities Board recommends approval (4-0).
BID INFORMATION
The Highland Street Sanitary Sewer Line and Drainage Improvements consists of approximately 2,250 linear
feet of eight (8) inch sewer line and 370 linear feet of twenty one (21) inch storm drain along Highland Street,
North Texas Boulevard, and Prairie Street. The sanitary sewer improvements consist of replacing existing
sanitary sewer that has met its useful service life and will be funded by the City of Denton Wastewater
Department. The storm drainage portion of the project is to install storm drain in an area that currently does not
have any underground storm drain and it will be funded by the University of North Texas. The project was bid
together to allow one contractor to do all of the work on the project and schedule the construction in an orderly
fashion. The water line on the roadway has already been replaced by in house crews. After the construction is
completed Highland Street will be replaced with a new roadway.
Standard City of Denton purchasing procedures were utilized. Bid notices were advertised in the local paper,
posted on the internet, and emailed to 607 prospective bidders. Bids for the project were opened on May 29,
2014. A total of four (4) responses were received with a range in bid pricing from a low base bid of
$357,390.80 to a high base bid of $731,774.00. The engineer's opinion of probable construction cost (OPCC)
for the work was $488,300.00. The bid tabulation is enclosed as Exhibit 2.
The low bidder for this project, Quality Excavation, LTD appears to meet all of the necessary requirements for
qualification on this project.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 9, 2014, the Public Utilities Board recommended approval to forward this item to the City Council for
consideration.
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0250, Version: 1
RECOMMENDATION
Award to the lowest responsible bidder meeting specification, Quality Excavation, LTD, in the amount of
$357,390.80.
PRINCIPAL PLACE OF BUSINESS
Quality Excavation, LTD
Aubrey, TX
ESTIMATED SCHEDULE OF PROJECT
The project is estimated to be completed within 120 calendar days from Notice to Proceed.
FISCAL INFORMATION
This sanitary sewer portion of this project will be funded from account 640240541.1360.40100 in the amount
of $280,065. The storm drainage portion will be funded by the University of North Texas (LTNT) in the amount
of $53,220. A requisition will be entered in the Purchasing software system once payment is received from
LTNT for their portion of the project.
EXHIBITS
Exhibit 1: Location Map
Exhibit 2: Bid Tabulation
Exhibit 3: Public Utilities Board Draft Minutes
Exhibit 4: Ordinance
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
For information concerning this acquisition, contact: Frank Payne at 349-8946.
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
�
�
C
N
�
N
>
O
�
Q.
�
N
�
(B
�
.�
L
�
�
�
�
rl �
� .�
�"� J
�
� i
x �
� �
W �
�
�
�
N
�
.�
(Q
�
�
N
N
L
'�^
V J
�
�
�
�
�
z
�
�
�
�
�
N
H
�I
�
x
�
W
�
�
�
N
�
w
�
A
�
�
�
�
�
�
O
�^I �
�I
�I
�
�y,�
V�l,l
��.y
.�
�
�
A
�
�
�
�
�
��
�
�
�
�
�
�
�A
�
�I
�
�
�
�
V1
0
�
�
�
�
�
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0
� O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0
� � O� O O O�O O O O O O O O O O O� O O O O O O O O O O O O O O O O O
O v'� cn O O� O� v'� O O O O�O O O O O M�O v'� O v'� O�� CO O O O O� O O O O�
� v'� O� � O�O �O v'� CO O CO O O O� CO O O O 60 l� O� CO l� � M N CO �O O� CO O� O O O O l�
p � O M�--� �O CO 01 01 l� l� O N�O CO CO � N �--� �--� N M�--� CO � OQ 01 M�O OQ �
•� '� � CO �O v'� � c+� � � � � CO � � � M N M �..�
� � � � � �--I M
U �
.� � �
� �
69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 6�4 69 69 69 69 69 69 69 69 69 69 69 69 6�4 69 69 69 6�4
O
�� O O v'� O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
� O O N O O O O O O O O O O O O O O O O v'� O O O O O O O O O O O O
�, N O N v'� CO � cn O O O O O CO O O O O N O cn v'� CO l� O� O O O O O O O
� v'� � �� v'� �O O O O� O O O O v'� � N v'� N O O O O O O O
� O� ���O l� CO � v'� �O O O O O� N CO O�� O O O
� �O l� �--� �O �--� M CO �O �O �--� N l� 01 M �O
O � � N
� 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Q
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O p
cS o 0 0 0 0 0 o vi o 0 0 0 0 0 0 o r o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0�
�n �n �o 0 o cv o o��n o 0 0 0 0 0 0 o co �n o�n �n o�n � o�n o o r o 0 0 0
N l� N O O l� O� v'� CO N v'� O� O l� O v'� M M l� � l� N O l� M O N�O O� O O v'� ��
O N � M��� O M l� � N�� M M M� � N� O�O �O N O� � N O CO O N
� x � V� � � � N � M M �O � CO O �
�
U � �
a ��y 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 6�4 69 69 69 69 69 69 69 69 69 69 69 69 6�4 69 69 69 6�4 �
N �"
� O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
b�p Q O O v'� O O O O O O O O O O O O O O O O v'� O O O O O O O O O O O O
ti � O N v'� v'� N v'� O v'� O O O v'� O O O O � O v'� v'� v'� O O N O O O O O O O
v'� � l� l� O v'� v'� O O v'� O v'� O O v'� � � l� CO O v'� v'� O O O O
l� v'� � N M� v'� CO O v'� l� O N�O v'� O O v'�
� l� N �--� M� M�O � N O CO
N � CO
69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69
� O N O O O� O O O O O O O O O O O O O O O O O v'� O O CO O O M O O O O M
CO O l� O O CO � O O O O O O O O O O 60 CO O O v'� O v'� N��O l� O O 60 O O O O�
0�0 ��� ONO ����� N� 0�0 N O v�'� vM'� 00 �� 0�0 � ONO � 0�0 � N� N N�� 0�0 O 00 l�
� CO �O M 01 N l� 01 �--� �--� 01 01 �--� V� CO V� � M O� ��O �O N l� �--� V� CO �O N l� �--I V� M l� �O rl
� V� N 01 V� M V� r-i r-i r-i N� V� �O O� r-i r-i r-i N l� M r-i 01 �--I r-i l� O O� �
a �i � CO � �--� N �--� � M �O �--� N �--� � 0
� [� N �
� M
o � �
�
� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
�
o � �ocoo,�cocv0000000000 �oo�o,���cvoc000 000
� p � O� O� � N M O O O O O O O O O O CO O� O� �O O� N O M l� O O O O O
� w N��--� ��--� �O O N�O l� � CO 01 M O l� �--� M� N��--� v� l� CO N 01 l� N N CO M
� v'� �O N N� CO v'� l� v'� v'� v'� v'� � �� CO � O� O�O O� CO O
� �O O v� 01 M O M l� �� �O 01 �O M CO V� M l�
V� V� �--i V� V� M M � �--� l� O
� N �
69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0
O O CO O O O O O O O O O O O O O O 60 O O O O O O O O O O O O O O O O O�
N O O O O O CO O v'� O O O O O O O O� O O O O O O O O O O O O O v'� O O�
L v'� M O O O�O �O O l� O O O N CO CO O O�O CO M O v'� v'� v'� O O O O�O O N M O l� O O
[� N� O� O N v'� CO l� �O �O CO O v'� O�O CO M O M�� N �O �O �O CO CO l� CO N M v'� N�--i O�
� cS � � � o � � co ,� � � cSo � � o, co c� ,� � r� � �o � �?
� �o � cv cn � � ao cv �n � N �
O �, '~ N 1(�
' � E-� M
� � �
��� ������������������������������������
W �
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
�,d oocv00000000000000 oo�n000000000 000
�oovi��o;o�000�00000 �oovi�c��00000 vioo
c� M CO l� O�O O�O O l� �� O O M M�O CO O O� O M O l�
� �--� M �O �--� 01 V� M CO �--� �--� � CO �� M V� N
N � �--� �--� � � M N l� �O
� �
69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69
OC/1
� � � Z
�r
� � � �' O a�i W
�
�" Q Q � � o �3 � � � U � o
O `� �n o a� �, p � ti � � �, � ,�
�. o � � � � � � � � � � w o ° '� '-�a� � . � � � a�i � Q C7
m Q Q °� °� 'Y ,�r' � U v� U sti � m Cl+ o2j Z
..w '�, ,r-i" v'
� � y U � v� v� O O � a�i �� cn �� a; U s� y y a� Q� f� �� a� �' '"
� G% a v, �o � � M � ,�'�. Q Q U c`�i r��j .� ',��. � �^ a v, �o � U U Q � � � � � v, P-� V� � ��
� . � '� c� o o � o o °' � C�i � � '� �' �' 4 a� � � a� A
•� A � � o � `� `r' � Q �' �' .° r,�l cn � � a� � �' cn o � ° ° p v� � � � � �' � � U
v, o��, F-� �� o FM�I 0 0��,� W p.�., �' E-� . o ��, F-� U U 6, ��/ C7 � Z o v� a� A+
^� Y W CA CA U� U U N Y(1� N a F-I Y W CA pQ N N P-I W F-I � � Z,
V� v� a
� � .r�.' F-� F-� ,� ,� ,� r/� s�-� � r�i� s� � `C cYi .r�.' c� c� U O a� s� � �, s�-i c�i � �
� � � o � -�a � � � � `� � � � � � � ,`��. � v� � � o � -�a � u� u� � � -Na � � A � � � � +
O �C s� a� o a� -- '-C o� a� T �C s� a� o a� �� y s� �� c� �i
� W a.� F-� v� v� o0 00 ,� Q,� ,� � U U C� 0.� 0 W a.� F-� v� v� C� C� c� � v� w� 0 v� C7 0. 0�•
v G�. G�. G�. .�
:: � vNi o 0 0 0 oN, v, o o - o 0 0 0 o v, ° - - �
QI N�`" N N l� � O1 N,� �n N N oo N� M y� oo ���n �n �n N M N�� N�q � �
aN � �
� � � :� :� :� �
� /y�
O •� /�Oy� M � � � � � � E'� M E'i E'i F�I
� F�I 0 � �--i � �--i �--i �--i �--i � O � O O �
ii .'� n� N Vl �O Vl M � E'� N Vl �O �--i N M �--i N � E'� M M E'� �,
G� j„� ..i � l� l� N N N N N N N� O O O O� l� l� N N�� OO N N�O O� M M � O
� � � �� N N N O O O O O O O O����j � O O N N N O O O����j � O��� L�
�> i> L
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
EXHIBIT 3
DRAFT MINUTES
PUBLIC UTILITIES BOARD
June 9, 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, June 9, 2014 at 9:01 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, and Leonard Herring
Ex Officio Members: Howard Martin, ACM Utilities
Absent:
OPEN MEETING:
George Campbell City Manager, Barbara Russell and Lilia Bynum
CONSENT AGENDA:
5. Consider recommending approval of IFB 5535 to Quality Excavation, LTD for the
Construction of the Highland Street Sanitary Sewer Line and Drainage Improvements, in an
amount not to exceed $357,390.80.
Frank Payne, City Engineer, stated this is a project that is being done in coordination with LTNT.
Staff has been trying to do some utility work on Highland Street for a while. The scope of the
project has grown based on the utilities that have been replaced. LTNT had asked if they could
join in and contribute funding and do some storm drain work for them.
Board Member Herring motioned to approve item 5 with the second by Board Member
Gallivan. The vote was 4-0 approved. Billy Cheek recused himself from this item.
Adjournment 11:09 a.m.
EXHIBIT 4
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITNE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE HIGHLAND STREET SANITARY SEWER
LINE AND DRAINAGE IMPROVEMENTS FOR THE CITY OF DENTON; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE (BID
5535-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION,
QUALITY EXCAVATION, LTD, IN THE AMOLJNT OF $357,390.80).
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
5535
CONTRACTOR
Quality Excavation, LTD
AMOUNT
$357,390.80
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 Bid 5535 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.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
____ ��'"��---.� --��
�
BY:
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0268, Version: 1
AGENDA INFORMATION SHEET
DEPARTMENT: Denton Municipal Electric
ACM:
DATE:
Howard Martin, 349-8232
June 17, 2014
SUBJECT
Consider adoption of an Ordinance finding that a public use and necessity exists to acquire (i) fee simple to an
approximate 1.074 acre tract (the "Substation Tract") located in the W. Roark Survey, Abstract No. 1087 and
the J. Severe Survey, Abstract No. 1164, both in Denton County, Texas, located generally along the east line of
U. S. Highway 377 adjacent to and east of the Fort Worth Drive Substation Addition, and (ii) fee simple to an
approximate 0.627 acre tract (the "Pump Station Tract") located in the B.B.B. & C. R. R. Co. Survey, Abstract
No. 196 and the J. W. Withers Survey, Abstract No. 1343, both in Denton County, Texas, generally located
west and adjacent to the G. C. & S. F. Railroad right of way and running to the west right of way line of F. M.
Highway 1830, and (iii) an approximate 0.476 acre ingress and egress easement tract located in the J. Severe
Survey, Abstract No. 1164, Denton County, Texas, located generally along the east line of U. S. Highway 377
adjacent to and south of the Fort Worth Drive Substation Addition, Denton County, Texas, and (iv) an
approximate 1.802 acre electric utility and communication easement located in the W. Roark Survey, Abstract
No. 1087, Denton County, Texas, located generally east of the Ft. Worth Drive Substation Addition and
running to the west line of a tract of land owned by Connie M. Altemus, called 37.87 acres in deed recorded in
Volume 901, Page 777, Deed Records, Denton County, Texas, (the "Altemus tract") and (v) an approximate
1.793 acre temporary construction and access easement located generally east of the Fort Worth Drive
Substation Addition and running to the west line of the Altemus Tract, contiguous with and adjacent to, along
the northern line, of said electric utility and communication easement located generally east of the Ft. Worth
Drive Substation Addition and running to the west line of the Altemus tract; for (A) as concerns the Substation
Tract, ingress and egress easement, electric utility and communication easement and the temporary construction
and access easement, the public use of expansion, construction, maintenance, operation, and improvement of
electric transmission and distribution lines, facilities, and structures; and (B) as concerns the Pump Station
Tract, the public use of a wet weather pump station and detention facility project (the "Hickory Creek
Detention Facility"); authorizing the City Manager or his designee to make an offer to Burch Family Farms,
Ltd. (the "Owner") to purchase the property interests for the purchase price of Thirty Six Thousand Dollars and
No Cents ($36,000.00), and other consideration, as prescribed in the Purchase Agreement, (the "Agreement")
as attached to the ordinance and made a part thereof; authorizing the expenditure of funds therefor; and
providing an effective date. (Denton Municipal Electric Fort Worth Tl Addition Expansion, Denton Municipal
Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch
Family Farms Ltd.) [ID 14-0267]
BACKGROUND
The described properiy interests are necessary to provide additional land and infrastructure to accommodate the construction and
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0268, Version: 1
operation of the improved electric transmission and distribution system. As to the Pump Station Tract, the properiy interests are
necessary to allow for access to the prospective City of Denton wet weather pump and detention facility properiy tracts.
Steven J. Kunkel & Associates, Inc. has been engaged and has provided a real estate appraisal report in regard
to the subject tracts owned by Burch Family Farms, Ltd. that will be directly impacted by the projects. Their
findings constitute the present offer to purchase.
OPTIONS
1. Recommend approval of the proposed Ordinance.
2. Recommend to 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 9, 2014 recommended approval of the acquisition of the tracts
Vote (5-0)
FISCAL INFORMATION
The 1.074 acre fee Substation Tract, 0.476 acre ingress egress easement, 1.802 acre electric utility and
communication easement and the 1.793 acre temporary construction and access easement are being funded by
issuing General Obligation Bonds which will be paid by TransmissionRevenue received from all other electric
utilities who are members of the Electric Reliability Council of Texas (ERCOT) [$30,984.00].
The 0.627 acre Pump Station Tract is being funded by Wastewater capital project bonds allocated for the
Graveyard Branch Lift Station and Force Main Project ($5,016.00).
BID INFORMATION
Not Applicable.
EXHIBITS
l. Location Map
2. Ordinance
Respectfully submitted:
Phil Williams,
General Manager,
Denton Municipal Electric
Prepared by:
LuAnne Oldham
Real Estate Specialist
Engineering Services
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
-
NORTH
EXHIBIT 1 attachment to AIS
Exhibit 1 to the PUB AIS LOCATION MAP
EXHIBIT 2 Attachment to AIS
s:\legal\our documents\ordinances\14\burch acquisition ordinance dme.docx
ORDINANC� NO.
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE (I) FEE SIMPLE TO AN APPROXIMATE 1.074 ACRE TRACT (THE
"SUBSTATION TRACT") LOCATED IN THE W. ROARK SURVEY, ABSTRACT NO. 1087
AND THE J. SEVERE SURVEY, ABSTRACT NO. 1164, BOTH IN DENTON COUNTY,
TEXAS, LOCATED GENERALLY ALONG THE EAST L1NE OF U. S. HIGHWAY 377
ADJACENT TO AND EAST OF THE FORT WORTH DRIVE SUBSTATION ADDITION,
AND (II) FEE SIMPLE TO AN APPROXIMATE 0.627 ACRE TRACT (THE "PUMP
STATION TRACT") LOCATED IN THE B.B.B. & C. R. R. CO. SURVEY, ABSTRACT NO.
196 AND THE J. W. WITHERS SURVEY, ABSTRACT NO. 1343, BOTH IN DENTON
COUNTY, TEXAS, GENERALLY LOCATED WEST AND ADJACENT TO THE G. C. & S.
F. RAILROAD RIGHT OF WAY AND RtJNNING TO THE WEST RIGHT OF WAY LINE
OF F. M. HIGHWAY 1830; (III) AN APPROXIMATE 0.476 ACRE INGRESS AND EGRESS
EASEMENT TRACT LOCATED IN THE J. SEVERE SURVEY, ABSTRACT NO. 1164,
DENTON COUNTY, TEXAS, LOCATED GENERALLY ALONG THE EAST LINE OF U. S.
HIGHWAY 377 ADJACENT TO AND SOUTH OF THE FORT WORTH DRIVE
SUBSTATION ADDITION, DENTON COUNTY, TEXAS; (IV) AN APPROXIMATE 1.802
ACRE ELECTRIC UTILITY AND COMMUNICATION EASEMENT LOCATED IN THE W.
ROARK SURVEY, ABSTRACT NO. 1087, DENTON COUNTY, TEXAS, LOCATED
GENERALLY EAST OF THE FT. WORTH DRIVE SUBSTATION ADDITION AND
RLJNNING TO THE WEST LINE OF A TRACT OF LAND OWNED BY CONNIE M.
ALTEMUS, CALLED 37.87 ACRES IN DEED RECORDED IN VOLUME 901, PAGE 777,
DEED RECORDS, DENTON COLTNTY, TEXAS, (THE "ALTEMUS TRACT"); AND (V) AN
APPROXIMATE 1.793 ACRE TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
LOCATED GENERALLY EAST OF THE FORT WORTH DRIVE SUBSTATION
ADDITION AND RUNNING TO THE WEST LINE OF THE ALTEMUS TRACT,
CONTIGUOUS WITH AND ADJACENT TO, ALONG THE NORTHERN LINE, OF SAID
ELECTRIC UTILITY AND COMMUNICATION EASEMENT LOCATED GENERALLY
EAST OF THE FT. WORTH DRIVE SUBSTATION ADDITION AND RIJNNING TO THE
WEST LINE OF THE ALTEMUS TRACT; FOR (A) AS CONCERNS THE SUBSTATION
TRACT, INGRESS AND EGRESS EASEMENT, ELECTRIC UTILITY AND
COMMUNICATION EASEMENT AND THE TEMPORARY CONSTRUCTION AND
ACCESS EASEMENT, THE PUBLIC USE OF EXPANSION, CONSTRUCTION,
MAINTENANCE, OPERATION, AND IMPROVEMENT OF ELECTRIC TRANSMISSION
AND DISTRIBUTION LINES, FACILITIES, AND STRUCTURES; AND (B) AS
CONCERNS THE PUMP STATION TRACT, THE PUBLIC USE OF A WET WEATHER
PUMP STATION AND DETENTION FACILITY PROJECT (THE "HICKORY CREEK
DETENTION FACILITY"); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO MAKE AN OFFER TO BURCH FAMILY FARMS, LTD. (THE "OWNER") TO
PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE PRICE OF THIRTY SIX
THOUSAND DOLLARS AND NO CENTS ($36,000.00), AND OTHER CONSIDERATION,
AS PRESCRIBED IN THE PURCHASE AGREEMENT, ("THE AGREEMENT") AS
ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The Council finds �hat a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Property Interests by the City of
Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition
of (a) the Substation Tract, ingress and egress easement, electric utility and communication
easement and the temporary construction and access easement are necessary for the public use to
provide expansion, construction, maintenance, operation, and improvement of electric
transmission and distribution lines, facilities, and structures; and (b) the Pump Station Tract is
necessary for the public use of the Hickory Creek Detention Facility, each to serve the public and
the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to make a formal
offer to purchase the Property Interest to (i) the Owner; (ii) any and all of Owner's successors in
interest o the Property Interest; or (iii) any other parties who may own any interest in the
Property Interests, as may be applicable.
SECTION 3. The City Manager, or his designee, is hereby authorized to (a) execute for
and on behalf of the City (i) the Agreement, by and between the City and Owner, or other owners
of the Property Interests, as applicable, in the form attached hereto and made a part hereof as
Exhibit "A", with a purchase price of $36,000.00 and other consideration, plus costs and
expenses all as prescribed in the Agreement; and (ii) any other documents necessary for closing
the transaction contemplated by the Agreement; and (b) make expenditures in accordance with
the terms of the Agreernent.
SECTION 4. The City Manager, or his designee, is directed by certified mail, retw•n
receipt requested, to disclose to Owner, or other owners of the Property Interests, as applicable,
any and all appraisal reports produced or acquired by the City relating specifically to the
Owner's property and prepared in the 10 years preceding the date of the offer made by the
Agreement.
SECTION 5. The offer to Owner, or other owners of the Property Interests, as
applicable, shall be made in accordance with all applicable law.
SECTION 6. If any section, article, patagraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CIT� ATTORNEY
€ ���-
By. �� ���/
EXHIBIT "A"
TO
ORDINANCE
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated
2014, but effective as of the date provided below, between Burch Faznily Farm, Ltd., a Texas
limited partnership (referred to herein as "Owner") and the City of Denton, Texas ("City")
WITNESSETH:
WHEREAS, Burch Family Farm, Ltd., a Texas limited partnership, is the Owner of a tract
of land (the "Land") in the W. Roark Survey, Abstract No. 1087, the J. Severe Survey, Abstract
No. 1164, the B.B.B. & C.R.R. Survey, Abstract No. 196, and the J. W. Withers Survey,
Abstract No. 1343, Denton County, Texas, being affected by the public improvement projects
called (i) the Fort Worth Drive Substation Expansion Project ("Substation Project"); (ii) the Fort
Worth Drive 1830 Tie In Project (the "Distribution Project"); and (iii) the Hickory Creek
Detention Facility Project (the "Pump Station Project"), (the Substation Project, Distribution
Project and the Pump Station Project are collectively referred to herein as the "Projects");
WHEREAS, City is in need of (i) certain fee simple lands, being a part of the Land; (ii) an
ingress and egress easement; (iii) an electric utility and communicatiotl easement; and (iv) a
temporary construction and access easement, being a part of and encumbei•ing 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 "Substation 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 Substation Deed, and other interests as prescribed therein (the "Substation Fee
Lands"), the Substation Deed being attached hereto as Attachment 1 and made a part hereof,
related to the Substation Project; (ii) a Special Warranty Deed (the "Pump Station 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 Pump Station Deed, and
other interests as prescribed therein (the "Pump Station Lands") (the Substation Lands and the
Pump Station Lands are collectively referred to herein as the "Fee Lands"), the Pump Station
Deed being attached hereto as Attachment 2 and made a part hereof, related to the Pump Station
Project (the Substation Deed and the Pump Station Deed are collectively referred to herein as the
"Special Warranty Deeds"); (iii) an Ingress and Egress Easement (the "Ingress and Egress
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 Ingress and Egress Easement, the Ingress and
Egress Easement being attached hereto as Attachment 3 and made a part hereof, for ingress and
egress purposes, as �nore particularly described therein, related to the Substation Project; (iv) an
electric utility and communication easement (the `Blectric Utility and Communication
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 Electric Utility and Communication Easement,
the Electric Utility and Communication Easement being attached hereto as Attachment 4 and
made a part hereof, for Electric Utility and Communication Easement purposes, as more
particularly described therein, related to the Distribution Project; and (v) a temporary
2
construction and access easement (the "Temporary Easement"), along, upon, over and across the
tract of land being described in Exhibit "A" and depic�ed in Exhibit "B" to that certain
Temporary Construction and Access Easement, the Temporary Easement being attached hereto
as Attachment 5 and made a part hereof, for Temporary Construction and Access Easement
purposes, as more particularly described therein, related to the Distribution Project (all
collectively referred to herein as the "Easement Lands").
The (i) Special Warranty Deeds shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attacl�unent 1" and "Attaclunent 2", respectively; (ii) the Ingress and
Egress Easement shall be in the form and upon the terms as attached hereto and incorporated
herein as "Attachment 3"; (iii) the Electric Utility and Cominunication Easement shall be in the
form and upon the terins as attached hereto and incorporated herein as "Attachment 4"; and (iv)
the Temporary Constiuction and Access Easement shall be in the foi•m and upon the terms as
attached hereto and incorporated herein as "Attachment 5" (the Fee Lands and the Easement
Lands are collectively referred to herein as the "Property").
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for itself, its
successors and assigns all oil, gas and other minerals in, on and under and that may be produced
from the Fee Lands. Owner, its successors and assigns, shall not have the i•ight to use or access the
surface of the Fee Lands, in any way, manner or form, in connection with or related to the reserved
oil, gas, and other minerals and/or related to exploration and/oi� 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, weli bores, whether vertical or any deviation fi•om 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 infrasfructure 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
3
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 that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area fi�om the surface of the
earth to a depth of five hundred feet (500') below the sut•face 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 surn of Thirty Six Thousand and No/100 Dollars ($36,000.00). 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,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (her•ein 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 Owiler 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, vegetatiotl, or any
4
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 Capital Title of Texas -
Urbina, 620 West Hickory Street, Denton, Texas, 76201 ("Title Company"), with said Title
Company acting as escrow agent, on the date which is 90 days after the Effective Date, unless the
Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the
event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County
holiday, the Closing Date shall be the next resulting business day.
6. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the
Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year
in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If
the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the
Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of
taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The
result of such proration is that the Owner shall pay for those taxes attributable to the period of time
prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to
change of land usage or ownership occurring prior to the Closing Date) and City shall pay for those
taxes attributable to the period commencing as of the Closing Date. All other typical, customary and
standard closing costs associated with this transaction shall be paid speciiically by the City, except
for Owner's attorney's fees, if any, which shall be paid by Owner.
7. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this
Agreement.
5
8.A. In the event Owner shall default in the perforinance 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 speciiic performance.
B. In the event City shall default in the performance of any covenant or term provided herein, and
such default shall be continuing after ten (10) days written notice of default and opportunity to cure,
Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by
written notice of such election to City; or (ii) enforce speciiic performance of this Agi•eement.
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 Agreetnent, 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.
1 l. Any� notices prescribed or allowed hereunder to Owner or City shall be ii7 writin� and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and
shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand
delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
C
• '
Burch Family Farm, Ltd.
Phone
Telecopy:
Copies to:
For Owner:
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For City:
Larry Collister, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
12. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
13. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deeds or Easements.
14. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Fee Lands and/or Easement Lands, City may, at its election, terminate this
Agreernent at any time prior to Closing.
CITY OF DENTON, TEXAS
C
GEORGE C. CAMPB�LL,
CITY MANAGER
Date:
2014
�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C
Date:
2014
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
I:
Date:
2014
C�]�.�I►`I �1:�
BURCH FAMILY FARM, LTD., a Texas limited partnership
IC
Its:
Date:
E:3
2014
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time
to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Capital Title of Texas
620 West Hickory Street
Denton, Texas 76201
Telephone: (940) 565-1919
Telecopy: (940) 565-1917
:
Printed Nan1e:
Title:
Contract receipt date: , 2014
s:\legal\our documents\contracts\14\burch purchase agreement.doc
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
(Substation Deed)
STATE OF TEXAS
COUNTY OF DENTON
.
KNOW ALL MEN BY THESE PRESENTS:
That BURCH FAMILY FARM, LTD., a Texas limited partnership (herein
called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00), and other good and valuable consideratioil to G�•antor 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 hei�eby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property
in Denton County, Texas being particularly described in Exhibit "A", attached hereto and
made a part hereof for all purposes, and being located in Denton County, Texas, together
with any and all rights or interests of Grantor in and to adjacent stt•eets, alleys and rights
of way and together with all and singular the improvements and fixtures thereon and all
other rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its
successors and assigns all oil, gas and other minerals in, on and under and that may be
produced from the Property. Grantor, its successors and assigns shall not have the right
to use or access the surface of the Property, in any way, manner oi� fo�•m, in connection
�vith or related to the reserved oil, gas, and other minerals and/or related to e�ploration
and/or production of the oil, gas and other minerals reserved herein, including without
lirnitation, use or access of tlle surface of the Property for the location of any well ot• drill
sites, well bores, whether vertical or any deviatio�i fi�om vertical, water wells, pit areas,
seismic activities, tai�ks or tank batteries, pipelines, roads, electricity or othec utility
infrastructure, and/or for subjace►lt 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 te►•m "minerals" shall include oil, gas and all associated hydt•ocarbons
and shall exclude (i) all substances (except oil and gas) fhat 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 Propei•ty. The intent of the
parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in
accordance with that set forth in Reec� v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "su►•face of the Property" shall include the area from the surface
of the earth to a depth of five hund��ed feet (500') below the surface of the earth atid all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
[specific exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singulac the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming ar to claim the same or any part thereof, by, thf�ough or under Grat�tor, but not
otherwise.
Page 2
EXECUTED the day of , 2014.
THE STATE OF TEXAS
COUNTY OF
BURCH FAMILY FARM LTD., a Texas limited
partnership
By:
Name:
Title:
ACKNOWLEDGMENT
§
§
This instrument was acknowledged before me on , 2014 by
, of BURCH FAMILY FARM, LTD.,
a Texas limited partnership, on behalf of said limited partnership.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3
Notary Public, State of Texas
My commission expires: _
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a 1.074 acre tract of land situated in the W. Roark Survey, Abstract No. 1087 and the J. Severe
Survey, Abstract No. 1164, Denton County, Texas, and being part 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 Number
2007-110043 of the Real Property Records of Denton County, Texas, and being more particularly
described as follows:
COMMENCING at a 1/2 inch iron rod found for the Southwest corner of Lot 1, Block A of Fort Worth Drive
Substation Addition, as recorded in Cabinet Y, Page 300 of the Plat Records of Denton County, Texas;
THENCE North 88°54'50" East along the South line of said Lot 1, Block A, for a distance of 231.58 feet to
a 5/8 inch iron rod with cap stamped "TNP" set for corner at the Southeast corner of said Lot 1, Block A,
said point being the POINT OF BEGINNING for the herein described tract;
THENCE North 17°30'27" East along the East line of said Lot 1, Block A, for a distance of 226.58 feet to a
1/2 inch iron rod found for corner at the Northeast corner of said Lot 1, Block A;
THENCE North 70°04'07" West along the North line of said �ot 1, Block A, for a distance of 288.06 feet to
a 1/2 inch iron rod found for corner at the Northwest corner of said Lot 1, Block A, said point also being in
the Easterly line of U.S. Highway 377 (a variable width right-of-way);
THENCE North 43°23'16" East along the Easterly line of said U.S. Highway 377, for a distance of 76.31
feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner;
THENCE South 70°04'07" East departing the Easterly line of said U.S. Highway 377, for a distance of
354.82 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner;
THENCE South 17°30'27" West for a distance of 258.76 feet to a 5/8 inch iron rod with cap stamped
"TNP" set for corner;
THENCE South 88°54'50" West for a distance of 105.51 feet to the POINT OF BEGINNING, and
containing 1.074 acres of land, more or less.
Page 1 of 2
ATTACHMENT 2
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL S�CURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
(Pump Station Deed)
STATE OF TEXAS
COUNTY OF DENTON
.
KNOW ALL MEN BY THESE PRES�NTS:
That BURCH FAMILY FARM, LTD., a Texas limited partnership (herein
called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00), and other good and valuable collsideration 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 ii1 Exhibit "A", atiached 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 Grantoi• 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 "Proper�y").
Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its
successors and assigns all oil, gas and other minerals in, on and under and that may be
�roduced fi�om the Property. Grantor, its successoc•s and assigns shall not have the ►•i�;ht
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 froin vertical, water wells, pit areas,
seismic activities, tanks or �ank batteries, pipelines, coads, electricity o►• other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well
bores, or any other infi•astructure 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" sliall include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances (except oil and gas) that any reasonable extraction,
mining or other exploration and/or production tnethod, operation, process or pcocedure
would consutne, 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.
Exceptions to conveyance and warranty:
[specific exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREV�R DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whotnsoever lawfully
clai�ning or to claim the same oi• any part thereof, by, through or under Grantor, but not
otherwise.
Page 2
EXECUTED the day of , 2014.
THE STATE OF TEXAS
COUNTY OF
BURCH FAMILY FARM LTD., a Texas limited
partnership
By:
Name:
Title:
ACKNOWLEDGMENT
§
§
This instrument was acknowledged before me on , 2014 by
, of BURCH FAMILY FARM, LTD.,
a Texas limited partnership, on behalf of said limited partner•ship.
Upon Filing Retut�n To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3
Notary Public, State of Texas
My commission expires: _
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
LEGAL DESCRIPTION
BEING a 0.627 acre tract of land situated in the B.B.B. & C. R.R. Co. Survey, Abstract No. 196 and the
J.W. Withers Survey, Abstract No. 1343, Denton County, Texas, and being part of a cailed 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, and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod with cap stamped "McCullah" found for corner in the Westerly line of
the G.C. & S.F. Raiiroad (a variable width right-of-way), said point being the occupied Northeast corner of
the above cited 222.275 acre tract, said point also being the occupied Southeast corner of a calied 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 South 35°21'14" East along the Easterly line of said 222.275 acre tract and the Westerly line of
said Railroad, for a distance of 794.39 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner at
the most Easterly Northeast corner of said 222.275 acre tract, said point also being in the West line of
F.M. Highway No. 1830 (an 80' wide right-of-way also known as Country Ciub Road);
THENCE South 00°48'32" East along the West line of said F.M. Highway No. 1830, for a distance of
50.00 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner, from which a 1/2 inch iron rod with
cap stamped "Coleman RPLS 4001" found for reference bears South 00°48'32" East a distance of 440.92
feet;
THENCE North 74°41'47" West departing the West line of said F.M. Highway No. 1830, for a distance of
41.64 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner;
THENCE North 27°14'34" West for a distance of 175.42 feet to a 5/8 inch iron rod with cap stamped
"TNP" set for corner;
THENCE North 35°21'14" West for a distance of 651.04 feet to a 5/8 inch iron rod with cap stamped
"TNP" set for corner in the North line of said 222.275 acre tract and the South line of said 37.87 acre tract,
from which a 1/2 inch iron rod with cap found for an interior corner of said 222.275 acre tract bears North
89°56'57" West a distance of 802.49 feet;
THENCE South 89°56'S7" East along the North line of said 222.275 acre tract and the South line of said
37.87 acre tract, for a distance of 36.81 feet to the POINT OF BEGINNING, and containing 0.627 acres of
land, more or less.
CONNIE M. ALTEMUS
CAILED 37.87 AC.
VOL.901 PG.777
D.R.D.C.T.
INGRESS/EGRESS ESMT.
DOC. NO. 2003-137250
VOL. 7973, PG. 747
in ciRFP.R.D.0.T.
C.M. BAR6WIREF�N(
\
oy
F
S 89°56'57" E POINT OF
04� BEGINNING
36.81� .PP
�p�-�� �.�� q PP i/2 CIRF
""'^^-.... � rr.i 'MtCULLAH" �
_ __ _ _ _ __ —_ _ _�\ �
_ — \ `�
�� _______ _ �__ _ _�
20' RIGHT-OF-WAY AND ESMT. \ \
CROSSTEX DC GATHERING v
COMPANY, J.V.
PART (A)
DOC. NO. 2012-93849
R.P.R.D.C.T.
LEGEND
�
CONNIE M. ALTEMUS
CALLED 12.48 AC.
VOL.901 PG.774
D.R.D.C.T.
�rz so.
l GAS
MARKFR
'CROSSTEX'
>�
�\
� .�
2 `P�n \ '�(�
�� ,, F
_ _ _ _ _ APPROXIAdnTE s� . ��+, .
SURVFY LIlJr � � �
P` �� �
4 \
�S
!
.�
1 • � � • �
SITUATEb IN THE
B.B.B. & C. R.R. CCS. SURVEY, ABSTRACT NO. 1196 AND
THE J.W. WITHERS SURVEY, ABSTRACT NO. 1343
OENTON COUNTY,TEXAS
� teague nal) & perkins
���� tn
.,� �� � 1577 Cenlre Pla�e Drive, SW1e 3]0
Denlon, Tet a 76403
940.383.4777 ph 940.383.l026 fx
w.lnpin� cam
'� "� T.&Y.LS. Flrm No. 10071601
SHEET 1 OF 1 TNP NO. DEN14117
r----- x
x --F
�
VALVESITE � T I
20' RIGHT-OF-WAY AND ESMT. � j I
CROSSTEX DC GATHERING � � �
COPART �g� .V. � i �
DOC. NO. 2012-93849 R.P.R.D.C.T. I � I
BURCH FAMILY FARM, LTD. �� I
CALIED 1.457 AG SECOND TR. ��(
DOC. NO. 2007-110043 �� �
R.P.R.D.C.T. � �
APPROX. LOCATION OF -�" I � I
ZOCRO STEX CCNG T � i I
� TRANSMISSION, ITD. I I �
VOI. 5312, PG. 3937 t I
�� R.P.R.D.C.T. � .
•�
s_�; � �-•-�
u�s a� � �
s
t,1' � iF
���.oY'' ,
i� ��e�o ��
P
�,.� P ��� 4,4
��
\`:�,�, \� ,�, p
�G •�+ �,�,
'A�, a.1 �
ti
a°� � �o �l 9�'p
A�O s ��a�, �. �tA
.,�,o °o ,A9� s�9,p�
�����o� 9� ��O
• o� .
�
� ���
° li
_._..Wav �—t.�.
��i� � I I
� �a ¢. ' j �
� � ( � (
� I
4
�
�
�
�
�
�
��' \ 9
� q
00 �P \�
�CC�'��tl� �:. PO
�Ao a �,
�,� oF� o
�' �.o°�'��s o
a c,� � �
� 9;2o�s� �
T y,
� \
l�
s
.a
N 74°41'47" W —
41.64'
1/2 CIRF
LR1
�
U
}
a
��
o,
o.
�
�'
�,
O
r
3
.�
r�
■
.�
.�
0
�
a
3
0
�
�
K
0
�
i
i
i
�
i
I
I
I
I
I
I
1
i
I
�
I
�
I
I
I
I
�.
(
�
I
�
�
�
�
i
I
�
I
�
� ,
�
I
1
i
I
i
I
(
� I
I
i
fi7 I
PP.` ....VERlZON...
'4 TELE-VAULT �
� � I
o° W
a W
W LL
� �
a �
a plm �
K I
�' °o m
g �' '
7/2 CIRF°
'GOLEMANR.P.L.S.d007� C.M.
ATTACHMENT 3
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
INGRESS AND EGRESS EASEMENT
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Burch Family Farm, Ltd., A Texas limited partnership, (GRANTOR), in
consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and
valuable consideration in hand paid by the City of Denton, Texas, (GRANTEE), receipt of
which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the
City of Denton, Texas, the fi•ee and uninterrupted use, liberty and pi�ivilege of the passage in,
along, upon and across the following described property, owned by GRANTOR and situated in
Denton County, Texas, situated in the J. Severe Survey, Abstract No. 1164, as described in
Exhibit "A" and illustrated in Exhibit "B" attached hereto and made a part hereof.
And it is further agreed that the City of Denton, Texas in consideration of the benef ts
above set out, may remove from the property above described, such fences, buildings and other
obstructions as may now be found upon said property.
For the purpose of ingress and egress in, along, upon and aci•oss said premises, with the
right and privilege at all times of the GRANTEE herein, his or its agents, employees, workmen
and representatives having ingress, egress, and regress in, along, upon and across said pi•emises
or any part thereof.
GRANTEE shall have the right to grade, pave and maintain pavement improvements at
GRANTEE'S discretion within the above described tract, but is under no obligation to do so.
GRANTOR shall have the cight to grade, pave and maintain pavement improvements at
GRANTOR's discretion within the above described tract but is under no obligation to do so.
GRANTOR shall not be liable for damages to pavement improvements installed at GRANTEE's
discretion. GRANTEE shall not be liable for damages to pave►nent in�provements installed at
GRANTOR's discretion.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the
purposes aforesaid the premises above described.
Witness its hand, this day of , 2014.
GRANTOR:
BURCH FAMILY FARM, LTD.
a Texas limited partnership
:
Its:
ACKNOWLEDGMENT
TH� STATE OF TEXAS §
COUNTY OF §
This instrument is ackno�vledged before me, on this day of , 2014 by
by , on behalf of Burch Family Farm,
Ltd., a Texas limited partnership.
Notary Public, in at�d for the State of
My Commission Expires:
2
Accepted this day of , 2014 for the City of Denton, Texas
(Resolution No. 91-073).
I:
Paul Williarnson
Real Estate & Capital Support Manager
AFTER RECORDING RETURN TO:
City of Denton
Real Estate and Capital Support
901-A Texas Street, Second Floor
Denton, Texas 76209
EXHIBIT "A"
LEGAL DESCRIPTION
60' WIDE INGRESS & EGRESS EASEMENT
Surch Family Farm Ltd. Tract
BEING a 0.476 acre tract of land situated in the J. Severe Survey, Abstract No. 1164, Denton County,
Texas, and being part 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 Number 2007-110043 of the Real Property Records of
Denton County, Texas, and being more particularly described as follows:
BEGINNtNG at a 1/2 inch iron rod found for the Southwest corner of Lot 1, Block A of Fort Worth Drive
Substation Addition, as recorded in Cabinet Y, Page 300 of the Plat Records of Denton County, Texas;
THENCE North 88°54'50" East along the South line of said Lot 1, Block A, passing a 5/8 inch iron rod
with cap stamped "TNP" set for the Southeast corner of said l.ot 1, Block A at a distance of 231.58 feet,
and continuing for a total distance of 337.09 feet to a 5/8 inch iron rod with cap stamped "TNP" set for
corner;
THENCE South 17°30'27" West for a distance of 63.30 feet to a 5/8 inch iron rod with cap stamped "TNP"
set for corner;
THENCE South 88°54'S0" West along a line being 60 feet South of and parallel to the South line of said
Lot 1, Biock A, for a distance of 321.52 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner;
THENCE North 26°35'12" West for a distance of 66.48 feet to a 5/8 inch iron rod with cap stamped "TNP"
set for corner;
THENCE North 88°54'50" East for a distance of 33.24 feet to the POINT OF BEGINNING, and containing
0.476 acres of land, more or less.
Page 1 of 2
�
� I I � I I
� I
�- �
_�--��� r=� � , � � � � j ` � � �
� Z o
Q o � � �z �
I Z�� � ( 3 3 W
V �
�� �::? � rl Fp�rvtir ( C�I�ND
� �o '- Un-��-°'� Z a:-!n
u�r O �-����o � a � �
Q •-- O �� 4 ¢^� Q M M�
� �� I w� I o�N��o m�� ro
Q ���o �� �NW ° � I �zZ
� aq, $
O � n.(\ �� � � h X I Z.— N M
lJ� N> I F I p „j JJJ
m �L U
� �— O
���� I ) I ��3 �
�r t� (�'p�; r . a,ydNaU I
�,j � O U I I ( �rc�S�rio
� Q o ��� � I � � Xo '�Nm I
0
K 1- � � (
Q I� (� t-' � p�� I a°" w o
�NQ^U �r� c^`, I . I I oa�
� N� O� ( ( I I � I
=�N�Np_,'
� p_
Q
ty � Q: O� I ti tu �o
_�' I ��� I I `� Q
�" o � �> � � �o
m I I�.� I I �`��
I �V V
�� � ^��
� ��� I v ��
� ��— � ' � � ���1 �
_� V o
/ \�
1.1.J / � � � ` � I v^,�(�
/ � � �e� �
li _ e�
~�y� ! ���� ��.�'�e� I I I' �, ,.:' � �
Iy� �\� � b/S� 1f �(J371 I I
_ � A` " � °.��� I
/ �' `
x � .� i
W � .<s•9az ;o � � ( � �' �' �
> � 3����� � I
l � �, ��?�Fl[ N ' ~
� o t- � m O`° ' � � Ili
�
I 7�Z� �
��w'� wo o cn � , �r'
� o � � Z ( � ( � W ° N
� oza°oq ,'� Q?t-� }�; ;�� '` IM
� �uN� � � r7 I M u� y t/� �
� �aaz��.0 U�Q � 1 I M N W� I�.
� a ° � ° p � � �- U , ' (L� F � Q
°dNNO O O� � Z 0 . .;Q W tD, �
� � � ? .- � � )- � � ' ( � � o1i � � '�'
�` / i- F- I¢- C� � I tA �� 0. W O�.. ( 00
N
0
\ \ �p�C, ~ I Oz 00 � IUi
y N � � ~xI z $ �
♦ \ � NO� . I „ � I � , ,
�
U \\
\
��o� �
��c" 'y���i
�iy
d' U
Y
F-- U
�m
�
�
I W
N
Q�
i = `�
���
, � O W F=
��-_'ac�
� d� o
� a���
-' W ¢ a
� � � U
�
J
�I =
���
�
� �
. �
�o
� � �
� m
� � °�a
��
���=��m
� �a �Z���
p� � - CO
id� � Q "L �
� � ° Q w �
� z��o
s" (� W�CO�ZN
� � a � �
/p� � N
�YO �
� uWi w
� _
�
�
� �
� Z a> c�
N�
�" O N �
�N Q �
�y o
m
6 � o c
'�CC)N �
Z '� U Q-'o
� o � o
a o Q T�
`o�Z W � m
o�-��
�=�.
"O N � C m
� � � � N
� @ U p Y
Na���0.'
00 ��
moQ o
WI � �Z y,c
F � � C N - �
O 00m�°yc�m
a .�a.�s �
N
C
� o ,x
d n �
� e �
Q. �n
� � d M O
°c �
O O P C
� 6 r a �
C s�;
��°M
C� � °
� ^ P
�
r_
���e
� ��'��
'' �`PS��•. � °•�>���
/ ��•�O :�' b��7
� �� ; � � ui; lY_
O'�n� :¢5'� v':�
: o d� w. �
u�;� :°o: O�p
,l� :� . o . e P: P�
�lS'•° �� �
I
� �-- . .
I `
�� M
� �. .
I� U
�¢ � i O
�a�r � ~ Wa°
j �cr•�¢t�c� � �F
I JN��� I wOOU
N�.NLC -��0�
'N
q��0�' I �o �
I S�``Z� mJ��
J
IU Q C� ¢ � Ci
� U O I -' O
� p o
� m
`
C
O
� � '+�
� �
U
� � M � J
�oo
N N ��j U
L
� ^ ^ � �
L '- � � li
� � ._.
f- U -�-%
N U
m � O �
�
,-� N -p .(n
t�+�— >
O C7 ,� N
��1��
ATTACHMENT 4
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ELECTRIC UTILITY AND COMMUNICATION EASEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
THAT, Burch Family Farm, Ltd., a Texas limited partnership (tlle "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
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 (collec�ively referred to herein as the "FACILITIES"), in, on, over,
under and across that certain real property situated in the W. Roark Survey, Abst►•act No. 1087,
Denton County, Texas, being approximately 1.802 acres and being more particularly described
in Exhibit "A", and depicted in Exhibit "B", respectively, each attached hereto and incorporated
into and made a part of this doctiiment 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 purposes of, and right to, construct, maintain,
operate, improve, reconstruct, increase or reduce the size and capacity, repaic, relocate, inspect,
pah�ol, maintain, re�nove or replace such FACILITIES within the EASEMENT PROPERTY as
GRANTEE may from time to time find necessa�y, 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. GRANTEE shall have the right to tritn or
remove trees or shrubbery within said EASEMENT PROPERTY, to the extent, in the sole
judgment of GRANTEE, necessary or desirable to prevent possible itlterference 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 IZave 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 providet•s 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 at the sole discretion of GRANTEE, other utility providers may be
permitted by GRANTEE under sepai•ate grant from GRANTOR to construct, operate, mait�tain,
repair, replace and remove their respective utilities in, on, over, under, and ac1•oss 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 GRANT�E that as of the execution date hereof,
no buildings, structures, signs, obstructions or other facilities or improvements of any kind
("UNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall
2
not construct, and GRANTEE shall have the right to prevent the constructio►1 of,.
IINPERMITTED STRUCTURES on the EASEMENT PROPERTY, and if any
LINPERMITTED STRUCTURES are hereafter constructed or permitted by GRANTOR to exisf
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 inut•e to the benefit of GRANTOR and GRAN'TEE, and
their respective successors, and assigns. This EASEMENT is subject to the terms of that certain
Purchase 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 utlto Grantee, its successors and assigns, against every person
whomsoever lawfully claitning or to claim the same or any part hereof, by, through, or under
GRANTOR, and not otherwise.
WITNESS THE EXECUTION HEREOF as the � day of , 2014.
GRANTOR:
BURCH FAMILY FARM, LTD.
a Texas limi�ed partnership
:
Its:
3
THE STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENT
0
0
This instrument is acknowledged before tne, on this
by ,
Ltd., a Texas li�nited partnership.
day of
2014 by
on behalf of Burch Family Farm,
Notary Public, in and for the State of
My Commission Expires:
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
Real Estate and Capital Support
901-A Texas Street, 2°d Floor
Denton, Texas 76209
Attn: Paul Williatnson
0
EXHIBIT "A"
LEGAL DESCRIPTION
ELECTRIC EASEMENT
Burch Family Farm, Ltd. Tract
BEING a 1.802 acre tract of land situated in the W. Roark Survey, Abstract No. 1087, Denton County,
Texas, and being part 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 Number 2007-110043 of the Real Property Records of
Denton County, Texas, and being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod found for the Southwest corner of Lot 1, Block A of Fort Worth Drive
Substation Addition, as recorded in Cabinet Y, Page 300 of the Plat Records of Denton County, Texas;
THENCE North 88°54'50" East along the South line of said Lot 1, Block A, passing a 5/8 inch iron rod
with cap stamped "TNP" set for the Southeast corner of said Lot 1, Block A at a distance of 231.58 feet,
and continuing for a total distance of 337.08 feet to a 5/8 inch iron rod with cap stamped "TNP" set for
corner;
THENCE North 17°30'27" East along a line being 100 feet East of and parallel to the East line of said �ot
1, Block A, for a distance of 81.73 feet to tne POINT OF BEGINNING for the herein described tract;
THENCE North 17°30'27" East continuing along said line being 100 feet East of and parallel to the East
line of said Lot 1, Block A, for a distance of 36.85 to a point for corner;
THENCE North 89°17'42" East for a distance of 1322.97 feet to a point for corner at an angle point;
THENGE North 73°00'14" East for a distance of 910.20 feet to a point for corner at an angie point;
THENCE South 89°26'11" East for a distance of 4.61 feet to a point for corner in the most Northerly East
line of the above cited 222.275 acre tract, said point also being in the West line 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 South 00°44'19" East along the most Northerly East line of said 222.275 acre tract and the
West line of said 37.87 acre tract, for a distance of 35.01 feet to a 1/2" square pipe found for corner at an
eli corner of said 222.275 acre tract and the Southwest corner of said 37.87 acre tract;
TNENCE South 73°00'14" West for a distance of 909.80 feet to a point for corner at an angle point;
THENCE South 89°17'42" West for a distance of 1339.50 feet to the POINT OF BEGINNING, and
containing 1.802 acres of land, more or less. �
Page 1 of 4
�.
� �
----=-�� e=a
��
��
o $
��
o �-
�
UJ
J
Q
O N
''' i� o
z�nrn�n'
H � N M �
Q M M M �
wW�W
C� h NNh
Z (V V .t N
� O i � h O
Q M T .
m � 4� m �
Z Z(/12
w
Z.- Nh �
J J J J J
�
o��m
�wz�
F�-wl�
<Z <�
oZ�oo
_ a�r�
Ow�2�
aa
. x
QNN�
� �
\ ,% � (
�/�(/\
� r ��
\ \ \
� M
Ju,' �1'
� � O
m�i-�
�����
�
�- N � O p
� N � N �
�`Q �,. � d.
O
_ � W .Z' C�.
� C� O
� �
�
t� �O E 1��HS ��S
�NI�H�1dW
I --� I � i
� I (
�]
� oO
� �
�o O
�
�n�,
���v�
n �
O\% �V"
O p0
� �
� ������
�� ,
44��W4 �
�� �7
�
A� � U
\ .\
� O� �' ` \ hs"��a J�d�. (
't
`�'n�.. f�p�l \ �r�jf�do
VJ, J�� +� ��•O2'7
`�ys b,�,�\
/� '�J ��: \ `
F1 �
W
wNd
W �
� �
� �
Uy
��
g�
�
. � � I
�
I I
�U � I
z I
u Io<
ro
a�.'3 " I
�"��N(�!- I
�a��°�
O�d}U,_�j
J C ��� � �
XV��^a
¢�w �
2 � O
a� >
¢N I I
¢
X
�
I I
I I I (
( I o
o�
( � o
o�� �
� F-'�Nti�
U��I-�V
t�-.�11 O�QSUr�� (
Q.� I � 4Na
�� Xp�� 0
Xw I �a�n a3
0.I, ( a�w >
4j � ¢x (
�r `� k'
1� � �
1
� �
= ���.. ( �
I 8% ,
�� ( I I
p�Z I '
� � f-- Z I I I
Z (,1 �
�- m I�`
Z i I (
Q � O �
Y � O M
U Q F- i � I
U
Z
_ �`
m O O�� I I
r-' r- i'- m a" I
OQ..'(n Q I�
�o=c� � m
W N
� INpN
w�
Iaw��
t�o° c�
��. ui °
�N���.
w�v
���o
\�\ �� � II
o\\� I
I I
/ I� .
� / �
� i � � `i
V„�� �
�� � �
I�`�1 '-'
� C�^n��
U �n�
I �, lJ
( � o
,. o I �nn�VV
V �'
� o �M /_� n
M ��u
.'
W I
� I � �
. ro�z I
N Z � U
I � � I
Z W
�
� �
0 (U
I � f (
U
I I
� I
I �
. t--
O
J
� J
� �v
. O,'�
� �
� W
�
r T �
. �a<r
�"' O F--
. � ��ati
I � � �
dQ��
�LLmd
� � U
J
I J
_
, /
� /i
I
N
I ~
O
J
� �
� M
o W
Z�,o
� � a=��m
� � QZ��°
� � �w¢�
� Q W �
� � z��o
1� "'v����r
� � � 0 �
N
� W
� _
�
QI
� �
� Q L
m Z .D c°�i
i— p N �
.L..N°o v
(6
O C � G�
�UN c°
Z = U d'�
� O � O
� Z i]. y, ,��,
� W � �
� a �
O N � C �,
.o N � c �
� � � � N
� � U p Y
� ti � � �
'� o E >.
o �
(7 �U Z � N
W � � �, c
F,- � � N =c� �
� m ro N tJ (�
2 .rav � �n
�m `��
0
w Q p
. �a,�`_
I `t U
WpOOCi
��N�
. m�wo°_
�z�
j � ti
� �
�
� o
� � O
� - m
� �n o m Q o
� ; n M O
o � �
� � P � K
O v 4 �
C C C h 3 6
0 o n
Q� � � ai ; �
� � M
� � d
a a
d
� ��
��� : ,.
r���'
/ �PS •� � b�
��;'�O �Z:'>bi•`'7
. � % �
: 6)
lt � w ° � • tn � � �
h � � N� �
O� cn : ai e<t W: �J
��;� : � : O ' Q
�b�� e o . e �i�/
�S� , ��
�
//� �
V I M -1-�
� �' / O
U
� � � � J
� O O
NN�j U
L
N ^ T �
i`-0� l.L
� �
�- � �
N U
�j�O-a
Q)
� qj -p cn
"O .� — >
� d Q� �
� � � 1 �
��
��
� —
' ��� ^��_
/°o °o
II
� ("
�
�l�
J
Q
O �
/
� /�
/ /
.�
�' n
�M
w M
N
H
W$�-UG
No�°m
r N K �
�hj�X
M W
��
� �O t� l��HS ��S �� �,
�NI�H�1tlW
�p,0
� �
}
U
W
U
a
N
F�3 �
VO�NUF- �
04�F �=V
JiSV�O
Q a ,�
a����°
a7N ai
� � i.i >
tX �
IJ
U �
�� � / /
1� �� �
�n(ol G- �
/v� �
C
, �< ���
/ `—' �
\"���
a (oo
c� n
c��
G
� v O
a
ar�•�oE°
fi. N � � v
n
h� Q
�N�N OC
aWCeo°-
�+- ,� u�, z oe
a ta.� O
m �
� Z >' � Z
Z � ; � V �W 7
�. W � O N�- W W
W z a �' � � � �i
� r r � � � `^ w
� w w� M p g
z u t�
� � 'o R a �a � X
vp w a w ¢ m k- W
o z� I I% i I
z o � o
w o 0 0 $ : � I
a g 3� � �
Z I %
� z � I
J
Q o O U I I
U � U U ' I
ao��- ( � � I
V �
F
�
�
z�
O4
��
a�QQ[�'
L0.
UW
r"
�d�
i / i
�� / / / �
i /
� � / / � Zrno��°n
/ / ~ N O � M
� L/ � /� o��m�
I/ / W W '� T�
\ �
C�N V �N
\ �/ � / Z V' .- .t
� �noo�
� O O
/ W p> M M af
mo�n�m
� Z Z VI U1
`� w
I Z N � �O h
,J J _1 J J
�
I O
V
r �
�� U 3 �n —
J�cjr
I 3i�aci
���o
V � O�N� (n
� n W� Q1n
Z a (V I a � � �'
F��� �' �-
UO�d~ � t, � w ~
oaK ti J�U
xQ��� I `L U' 0. �
a jwop I w Q��
<s > ' ��ma:
Q
I x I � C�
� �� � J
) I J
` I S
' � (
�
� J
v
� X K� Om ti
_ — �--- -� �� ( a
I ( � Q
i I � Qo I
II I �� O`' .
z � � �
� M
c�
¢ r.
. O� N � �� O
�� I � ° �
I VO�N(�t= � O
oa��tiu
, X4iSa��I nnSl � '
�U��AQ) �:.� n(�
��^ vVn
� n�W � O p��..: I
a � � I "il
� I �/
I I I p I O�
I I O
F �3 ? °' �
� � �JON�F I
o�S��.°-ci
' ( �i3V.�io
X J Q N K
� O I
���-,�_
� aav�i��
d N W
�I-� I I a � � �
o} '
•> r.
a�� Ir� � ' �
�b �O Z l��NS ��S
�NI�H�l�/W
� ^
O M
Z
O � Q
� � �=��o
66r i�i ¢ Z � � �
ci� � W �=
� O
e� Q W U
� vv Z��a
� wu��F y
W � m apo
O !-
� W
�Y =
�
Y O „K_
ti M a
a? = m •°�o
�
� �"-�M£°o
� � � � � a � �
� O� ^� X P C LL
ttiZ.D � O yF`� 3�
f— p cN0 `� �w� `c ` ° i '°
�% W U O �"i 1-
�NO N `„� n n
mo �
rn �� a
o � o c p�
� U ° m �
Z '� c'c.> 0. "No
L p
� z 0. T��,
� W m �
ou��i��},
'� � � _ �
�
� � 0 � N
� cU�>FY-
fR �p � > �'
� p � � T �,�,b'"y "`->
°�° ����$
o¢ �
� � N ;, N ����� ,_.,.
c
m � N �,� ��,F-x
�av � v�
-1-PS'�� ' �'O
� '�� e Z ••• �by Y�
.Q� .�o �'�7
L�;� ���� i^tt�
O:N � � m ° � N' �
. e d' W:�
v�S� ;ag �,�0
`l �' :d' : �- : Q
Q�.
`�b . . . _ �
��� • �
C
O
V� � -N
J �
U
, � � � � J
� � O O
NN�j �
` U
, � � �
�� �; ��p� �
� \�
�_� F— c i .,�
� �
.,moo�
� � a�
� �;�.�
-� �. — >
o�,�a�
� � �1., �
�--I—�-I
I � Q� w 0. I (
� �w I I
I Q^�.0 �� I I
�M '� � M �y I I
� �O� wo`* �m
W�°'o �w:,��- W� f
Z -� J 3p�'V '
I O U� N°"� I
��--o
I °V' � XL"
� � �
j
- N (:
�__ _���_�_.�___���.��____�- �� �4
�� � ..
a ,Z6'8S8 — M „61,44.00 N
a
d?
NU
\? .
1�
��
0
�..i w d'
� a °o
� N � � H
v
y►� N � O p
� N � N �
,QW�aa
S � � � �
�� o
m �
°o p
��
O �
�
W
J
Q
O V
�
�
�Y=�—
�s
C�� �C�
(t5� �
, r,
(C�..�� \� _
�� �� ��
�9 C� U
�
C°.S t0,�� G�
lp�� ��
3
�°? ���
n� (J�
o � I
O
O � N .rt
Fw�v I r=�
VF, U$ 1- � �p
� V Q 0�� � N
0
�¢�oiK � wUr
zaZ,�a w°'c.�
�WUN� NN�
xQ.c� • y,a�
�ox� ��� ,
a.�r> F �
a � ¢p �
i� N � .
,
�- U � � // /�
, �,,
-�_�------� / . � -
,-
�� /
!-
. -- J i
� w�
.._�--_�_ _ N
�_.��___ \ 1 �� _
�- � � 3xrr �nans 3 a �
31V{N1X021ddY `" o
r�d
�aa
.P - <�
I �7 y f' i �
\ s z�
ZcL"� 0, J tan o
\��11 �a N
�' n I I ri,��y�P O
�� I \ 0���
� o- U I I \�c+
, � \
Nm�
>-,N•'a ` \
a'�� I
N� ( I \
i �p \
� o `--�--�� ` �, � �
� � ` `�� � \
�._ \
� ° I I a�°�
a ��
����,� I I `�`��' �
��
'� �- � �
�{��c,���(� � � �Q�z ��,,(l ��i tii
�' �J� 2 � v^V0 p(P,�c7�, F..
��p-y �� � � ""tJ '�" �
J . �� r/ � � � 4�� �
d�
I I ¢ N
'S�<, �
�� � � � I ` o0
�� I I � Jm
� �� � a
�� �.•, �
�N� r t I I
U v� �
��� � � � �
� II �
�a�
p W r
w 1 I � dJaU
Q � �
J � � a
¢
V O O W Q_
Z N. � 00 ' 2'lym
r�-�oco,�o I I I OU
ri
omvr�rn �
J
WwW� I � Q , r
����� i �
y � � .- :-
QoN�o � � l i
W M p i O M
Ql i� W O f�
2(/1 Nfn
W
� M� N<O
J _! J J J
1� �O � l��HS ��S
�NI�1H�1`dW
� �
O (h
o Z
Z�,o
� � �=��m
� t1�1 QZ ;�o
� O O Q �
� � �'QWo
� z�ap
�W����
1� � � Y'z �o
°�W
� w
_
�
d
@ �
Qi
� O '�y-
X � � C
N C N d
� O � �
y N o �
� O
in
o G o c
�UN �°
Z � O � o
-��aT�
ZW
.o��cE
T
� � � � Z
°N'<n� 8
� �, o N
�roVpY
N����
m°� o.n
cC)Z`�- N
G
� C N � '..�-s
m a N Q �
� o
y a
�q � °o
66 V1 f�` W� S
�y i � c� o
�W � F £
� 0 P .a
ci d� a�"
G a �� 3"'
C� �o.`h 3m
� � M
� H P
a
.e�..
��'�
��.
� .
PS ' • d'�
��+,o e W e' ��.� o
.� :�o o:�
,�;W :�:°; �n;a
F.. :� N.�
o� cn : ai 8�r w: �n
v>:�� ?a; �o��o
�b••.� . r . e_ //
.(S• • V
C
�
(n M -a+
� �
U
� M � � J
� � Q
NN�j �
L' U
� ^ ^ T N
L�� °�
� � �
F— U -�%
� U
Q� Q O �
�
� {�-��>
� Q ,� �
i—o��
ATTACHMENT 5
TO
PURCHASE AGREEMENT
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Burch Family Farm, Ltd., a Texas limited partnership, (Grantor) of
Denton County, Texas, in consideration of the sum of Ten Dollars and No Cents ($10.00)
and other good and valuable consideration in hand paid by the City of De►lton, Texas,
(Grantee), receipt of which is hereby acknowledged, does by these presents grant,
bargain, sell and convey unto the City of Denton, Texas, the free and unintet•rupted use,
liberty and privilege of the passage along, upon and across the following described
propei•ty, owned by Grantor and situated in Denton County, Texas, situated in the W.
Roark Survey, Abstract No. 1087, as described in Exhibit "A" and illustrated in Eahibit
"B" attached hereto and made a part hereof.
SEE ATTACHED EXHIBITS "A" AND B'
TEMPORARY CONSTRUCTION EASEMENT
And it is further agreed that the City of Denton, Texas in consideration of the
benefits above set out, may remove fi•om the property above described, such fences,
buildings and other obstructions as tnay now be found upon said property.
For the purpose of access and construction activities in, a(ong, upon and across
said premises. The City of Denton, its agents, employees, workmen and representative
shall have ingress, egress, and regress in, along upon and across said premises fo►• the
purpose of access and construction activities or any part thereof. The terms of this grant
shall expire 1 year from the date of execution.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness our hands, this the _day of , 2014.
GRANTORS
Burch Family Farm, Ltd.
a Texas limited partnership
By:
Its:
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF §
This instrument is acknowledged before me; on this day of
, 2014 by ,
on behalf of Burch Family Farm, Ltd., a Texas limited partnership
Notary Public in and for
State of Texas
Accepted this day of , 2014 foi• the City of Denton, Texas
(Resolution No. 91-073).
By:
Paul Williamsot�
Real Estate and Capital Support Manager
, �
.■ •
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
Burch Family Farm, Ltd. Tract
BEING a 1.793 acre tract of land situated in the W. Roark Survey, Abstract No. 1087, Denton County,
Texas, and being part 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 Number 2007-110043 of the Reai Property Records of
Denton County, Texas, and being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod found for the Southwest corner of Lot 1, Block A of Fort Worth Drive
Substation Addition, as recorded in Cabinet Y, Page 300 of the Plat Records of Denton County, Texas;
THENCE North 88°54'S0" East along the South line of said Lot 1, Block A, passing a 5/8 inch iron rod
with cap stamped "TNP" set for the Southeast corner of said �ot 1, Block A at a distance of 231.58 feet,
and continuing for a total distance of 337.08 feet to a 5/8 inch iron rod with cap stamped "TNP" set for
corner;
THENCE North 17°30'27" East along a line being 100 feet East of and parailel to the East line of said Lot
1, Biock A, for a distance of 118.64 feet to the POINT OF BEGINNING for the herein described tract;;
THENCE North 17°30'27" East for a distance of 36.85 feet to a point for corner;
THENCE North 89°17'42" East for a distance of 1306.45 feet to a point for corner at an angle point;
THENCE North 73°00'14" East for a distance of 910.59 feet to a point for corner at an angle point;
TMENCE South 89°26'11" East for a distance of 9.22 feet to a point for corner in the most Northerly East
line of the above cited 222.275 acre tract, said point also being in the West line of a cailed 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 South 00°44'19" East along the most Northerly East line of said 222.275 acre tract and the
West line of said 37.87 acre tract, for a distance of 35.01 feet to a point for corner, from which a 1/2"
square pipe found at an eli corner of said 222.275 acre tract and the Southwest corner of said 37.87 acre
tract bears South 00°44'19" East a distance of 35.01 feet;
THENCE North 89°26'11" West departing the most Northeriy East line of said 222.275 acre tract and tl�e
West line of said 37.87 acre tract, for a distance of 4.61 feet to a point for corner at an angle point;
THENCE South 73°00'14" West for a distance of 910.20 feet to a point for corner at an angle point;
THENCE South 89°17'42" West for a distance of 1322.97 feet to the POINT OF BEGINNING, and
containing 1.793 acres of land, more or less.
Page 1 of 4
�
� _`
_.-----'----"-r w�� �
��
m
f_-
m
X
�1.)
� Q
0 0
II
O �-
�
W
�
Q
o N
W � ^
zinvrna
�
Q � M M �
ww3w
U' I� N N h
Z N V p N
�oi�r�o
¢Mrr!'>
w�rnrn�
QI�N W.-
z z cn z
W
Z N W O�
J J J J J
�
�FOm
n
��w'i�
Fi-� I�
UaZ�8"o
�J2VNK
�
X �c�o°
���2�
Q N r �
�� �
�
0
c� //
\� \
� \
\ \ \.
0
�� v
� a °o
pC tf� 1•• r
6ai. N � r !-
G!
?'� N � O p
� N y N �
a�i�cQC'
W J � � �
v �2 t.�
pC G, O
= 0
m
�b �O E 1��HS ��S
�NI�H�lt/W
�� I �
� I
I
1 �
���
�
�� I
V y i
�� I
�
(
� U
� �
��
° O
�� �
i� �
G� �?
° �a�� o
0
�
��
� ��
� �� �
q� �
�� �� ,
��� g
��� � /
'0� , Ui
J��,y�\ �S��a\�
`�c � . O\ \ Yj���d�
-f��.� � °-o'n,,
'y •��6'id,\\ z
S� �� \\�
w "'
� Z > J 2
� � 3 Y W'� F. W
Z � � O � J Z � '
w
� � � F UI U laW. N'L
w z Q w
I � w a � a�� i�'.. ��" ''�t
V N
� � ¢ ~ ~ � � x � W
I � N � U Z X J � U C9
F � Z m z
� Z V � W Q W Q(=.1 m h X
I � �� Z ( I' I I I
I ( Z � � � o �
CW? Z � W 7 0 . � x I
U I W o�.`"��
z a o o I �
$ ^ ( j � � � O � I � x I
o< � �Z Z j� � I
o L 3 � a o� I �
0
�°arc�a� J N ro z a �' I
V Q \ \ O Q
OJ-�4fV�o U �n U U I I� '
a���� I (
o"w° � O O �� �
� �
a� ° I
6N
� � � I
I I �
I '
I I I . �
I I o
' ' 4 V
I � t' o
_
I o�# �
IF�aN��
� �z I ( -���<�� (
( �J x03� O
X(L ( �acn o
� �Ij QXW i
( .� I I � (
' 1� � I
I , �
� ( � �
�, 6� i �
fi I
���� � I
°z ( �
2
�o`Z � � I
�
� w�
m �
I �
w0 I . I
4 � ~ � �
Y �� O I I
c.� Q r
U I
m � Z a O
Q � � K I I
� 'S Q a I
t- �- H m F
O�N¢
JpNC� IN � I
li � wzc�
i� ��Z�F
a
I�i.. �ri °
t�on� I
���"d
z U O
10 � �
\ �� � "'
� (
�
/ I
r-y o
� . V., .�
VJ p
( � O
I ��
�
� ��, �
� � o
s o I „���
�N, O /j
M I G� C°�
M
'W
� ! � �
m � Z (
N Iz � U
� Z
Z W
��
. O I
U
II�
� �
. r
O
� J
�
v
U
o� —
�
I W
M � _ �
. � o i,, � r-=
� ¢-�.'°'Q
I �
a���
w ¢ a:
��m
� � U
�
J
I y
. /
..�""-"
I
�
I ~
�
J
i"^,-.�o �.�
. WQo
�
w��r
I d U
w000Q
� � N a
m � � �
Z
J U U
� �
� ^
O M
� � W
Z (f) p
� "{�■ �° W WU�O
} � � � � � m
_ � Qzm�°
� � � w a �
� � � �jjo
� � z � � o
� � (.tl w � � ~ �
� � iAA � Y W �
� ��W
� W
S
�
°?
m 'n
�
�n °'� m
X � � C
��ro�'
o �
Y N o �
� O
� C O �
r�° �
Z � U Q'o
n o o a o
.� Z W � �
O N �.0 >.
'nin� c �
� �o� �
�' �U°�
ro p � � �
m � � p a
w � �Z ��
� � � N c O
O m 10 c°•r `� ,�
2 �n.vs y
N
C
Yp X
b. d
Q� -° � d
C.�"g� 08
� �M
_ ° xa `�
� -�-°'c
C ms`�3d
� 3 m
G� � ° �
� � M
� „ P
� ^
� �
�� �
��� ;
'�PS� � ' d�0�
h �� � Z ° •>bG �:�7
:�, a
tt_ % W � � ^ l� N � �
F- � � y. �
O' �n : ai e d� w. �
v> :`�, • a > Qq4' �O
��5, � � • e��P
G
O
(� M -t�
J �
U
�OON .�
N N i�j �
L U
� ^ ^ � �
C � � p
� � �
� ��
� U
aj�0-a
�
� � -� (�
� -i-� — i
� � ,� �
� 0 � �
�
� �
______--------� , a�� �
/O O
u
O `_
�
W
J
Q
o N
/
/
/,
��
/
/ /
/
�
�
drn
W Mj
K�r
��.0
Np�O
r��
<��
r •
No
t� �O t� l��HS ��S �' i�
�NI�H�1dW � � �
�. -� i� / �i
� �
�( � / / / Zv'a��om
� � ►I , / , , H d 0 � N
� V // a � m rn �
I\ / � W W � �
\ / � C�N ��N
IV � / K r � � r
1 ` / 00
1 W41Mt7Ori
� � / C�� hf� W
I II � zzcn<n
,� �� W
-j J J J �
/ � 1 I I p3N �
� �I � p
� � ��mo =
I V � O H� � I �
� a v�wi •
I Q�
z `� a � a � _ �
I �w�ro x � a. d'
� I ¢30G�F' � Q� F-
I J°a��ti � �..J�CJ
Xa���l 4 � �
�� I I a<'�� o I a Q-' � �-.'
W 4 <�`� °> I � d pj Cl'
�� � ti p Q
�� I i � ( NU
� m � I,� ( � � _
� + I I
� (
� � v
I �
x X p fij
� � �j `9 0
i �- — -�- -� � ( �
I Q
I � o
> �
U
Z
U
Q �
O K � �
VO�NC�F
oa� dti
J.1SV�fi
oa ���
'' o
�yU�
a � "i O
Q� 7
N
4
H
� � r-`
v� ���
/
t � �/) / /
(�!1 V �
/`��
/ ���C�`
O��VV
V �
� M
�� �
�a o
���r�
W N � r, v
A- a o Q �
� N y N �
o a
��w�xOC
� � 0
m
G� I
. � � Q
I� � �O�
U
W M M
. Q I f� \fn�
O� N � v� I O
IF�� I � � �
Uap�c�c�r � 0
O d � � a U
-����^�i C�,��
� oar��� � �Jv .
o�
I� U N I Ol^.�l I
��W � I � �
43 >
� I �
I I I �
I ' � ( O �
I z �' o
F�� °�
� I Q�ONV� �
O�'1��_�'U
i-��-„ ( 03���p .
~ W I I QQw o (
� xIw I � � I �
I aa J � � O
�`�`� �-T I I J
f� �O Z 1��HS ��S
�NI�H�lb'W
.
�
� �
•
�:
�
� �
N
� O '��-,
N Z � U
�
N C N `
h p ca �
o-
N
,ri- m O �
m
o � o c
m
� = N � N
Z � O 0 O
�Z a-'' �
W
o��=�
�. �
� N � c Z
�
�
� v0� N
� m ,.. C1 `L
c��f-
Na c0 �
o�Ea
�U Z � N
N N N �' O
m0.� a�
� �
O M
o w
Z�o
w w v � z
~ m
U�t- p
QZm�->
h � a =
F Q W O
z��a
m � � Z �
LL
4 p �
� W
�_
�
y
� o ,�
i M
(�: Q o d
tiw v�i o ' ..
. �oo�y n a n
w � n
� O P .� £
z e, �
aG„ d c n 3 a
� o �
`c�;m
Qi u ° '"'
� � M
� M o
P
� ^
�
� .�
���
c �,z �*
s
�'���"'Y�,-'.
! �,`4:p's��•. � :•�>y�:�
� �W� V�
° Z :
4. �•� � � � t.C) N�' ii
'~ e pQ N��
O� �n : ai : d� W: cn
v�:� ;�; 0'O
\.� .~• e �P�
/�•
.�
C
�
in � -i-�
J �
U
� � M � �
� O O
NN�j U
�
°' ' °T�
E�o� �
� �
F- � �
N U
Q1���
�
-� �; � .�
�,�._ >
oa.�a�
�o��
�
= U h
� Q �
h
¢nacj
M '� � n
�
Q�� Wd�
W W o �Z��
Z--�J �OQ'U
DUOj `4i''o��
z}�o
�UO
,. >
�
ws �
�� I
Ua� I
N �Wr
Wm I
(
I �
- � �
. �._� _____ ..._�_'�_�_`_
� Sl on
� "�
� ,t6'£ZS - M ,6L,4Y.00 N �
a `. �
�
N U
O
\LL
W
�
m
Z
W
� M
J � �
ea o
OC 1t') �"' t�
{4L N � t� F°
C�
!� N � O p
� N � N �
W W � Q C6'.
'Z' ..i � y'
� a.� o
m �
O O
II
O �
�
w
J
¢
o �
�
'�_��'�� �
(�
-a
N�
C
�� � � I
n 1`_'� o z
(�+ /;( 1-�N
�J v L�� ONNY
� ��(� ¢lJ�� . I ~h
\
4`o �o/n� i�t J L Q a�j W N
n�` � •
v ( e• O ���aa �aU
(��`.�/� � y Q N Q
�.'nJ 5.�� � W U N Q: N�.j
p�U� )'m�
o� o � �
1:J � 4M�� �-� ii
�o� � ¢ p �O � ' ��
}U C �1 U /,/
r^ �nJ^
__ l�� VV _ _ � i� ��
i �
i
• i ��� �
,�����.___.. � �_� �W _
.� _ - - — n
N
� ��
� � �
-��-- �--- --- — ,a'� -
�.. 3an�nans °' �
31VWlX021ddV 4 v� a
m
� ^
O M
Z
O � Q
� ��+ � � s � � o
�1�dp � U~�' O
d M Z m Z�
� � � rn O Q �
� � � Z��O
� � W � � � �
� � � m 2 0 �
� �
� W
� �
�
I � . �
`n'L ` ` a i
I \� f� N!
\ Y.
yd� v o, o 0
\ I s � � a.
I \\�'''°�'° °'
��o;o o @ �
fd7
��� I Ob N O'' Ql
\ w,'� \ � t0 Z � U
�
�a� \ f- p � `�
\ �a;� � I \ a� N o w
r ,� a; RS O
N Y
aN� N m
\ r ` r O C O C
�t ( � N �
� O N�I� `��� \ b � � n�
z o00
a >. �
L� 4 � o •cZW= �
a�
� O � O \ oa�i��E
� � �� �
\ �� � � � � � C �
�r� I I � � "'o�N
n�1 � �
�V o���j7 � mUpY
r� n � � �0� f9 �� � �
�; . \ Q� � ���� �o° a.�
O N
�" (��. �i.(1 I ti 2 e�(1 U� t� ' a U Z �, C
� \ v Vv ��V N C N
� 00 �� p p� � W — O
����, oW �z �' O °°`—°N`�.�
y, � I I aI� 2 �dv��n
��,��` � �a
� y I QN
� I
�r�� \ ,
i7� M
�o �
y M o °
Qi :`_ m
Gl.�"g� oS
� ' ^ � �
a o o°, a _
_ � o n 3 a
w' � M 3 �
W V � �
� � M
� ^ P
�
d
.o�. ��
���
��
��.�: I I I Y �v PS • � ti�.�
"r M :�:•)
Y�: . � U ti��� �z: Q�v�
�I � � � �e ;F�' 01 ui 4-'
� \ � J �] �'- : ti � < : � . �
P',` O�cn :oi:� ,�:N
� I I v�'.� �o; o'O
�. \ �d,�' e�: e ��
� I— �S••: i : _
I
W
�� d 4 �A
�� I I d d
��L�\ O W � �
i>� I I � t-}a"
�,.� \ ¢ � d
��n• r `� W t�a
? ��_ . ON � ' 2'lim � v�.?
t¢-00 N�ip OM� .; � I I { �U
�.M-OiOi M d-m � t�1 I Ul
J
wwWw33�w \� I � �
zvw�°'^a.Nr°' a ��
Q 7' � N V' CV O� V' �a \I I{ \ �
W p�M o/001 MO�O � Y I I ��-. ,�
Ql Nf� 0�0071� 400 j
zz�ncnzcncnv� �`�
�., � ��
ZNMV'N�n�� �, �O E l��HS ��S
J J J J J J J J J
�NI�H�lb'W �
c
O
� � �
J �
U
Q'�M� J
�OCJ
NN�j U
L
� ^ ^ T �
L � � � IL
� �'
i- � -o---
N U
p� � O -o
�
'� � -O (n
� -1-� — 1
� d ,� �
�—o��
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0270, Version: 1
Agenda Information Sheet
DEPARTMENT: Engineering Services
CM/ ACM:
Date:
Jon Fortune
June 17, 2014
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 John Fred Duncan and Benny
Carl Duncan, Independent Co-Executors of the Estate of Eliza F. Duncan, deceased (collectively the
"Owner"), as seller, to acquire fee simple title to a 1.364 acre tract situated in the M.E.P. & P.R.R. Survey,
Abstract No. 927, located in the City of Denton, Denton County, Texas, and being generally located in the 1000
block of South Mayhill Road; for the purchase price of One Hundred Eighty Thousand Dollars and No Cents
($180,000.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as
attached to the ordinance and made a part thereof as Exhibit "A" ,(the "Property Interest") authorizing the
expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements
Project: Parcel M100 - Estate of Eliza F. Duncan, deceased)
BACKGROUND
Over the course of the last year, staff and consultants engaged various decedents of Mrs. Eliza Duncan, in an
effort to make a bona fide offer to purchase the necessary land rights for the Mayhill Road Widening project.
After some exhaustive efforts to ascertain and resolve some anomalies in the chain of title, staff then made an
offer to purchase to the Estate of Eliza F. Duncan, deceased, on Apri121, 2014 in the amount of $127,829.00.
Thereafter, negotiations ensued, and staff continued to meet with and negotiate with owner, obtaining a
recommended settlement counter offer in the amount of $180,000.00.
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)
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0270, Version: 1
None in regard to the Co-Executors and the present now reconciled disposition of Eliza F. Duncan's estate.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a combination of Regional
Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP `08) funds and
City of Denton local match funds. The recommended settlement amount is $180,000.00 plus closing costs, as
prescribed in the Agreement.
EXHIBITS
l. Location Map
2. Ordinance
Respectfully submitted:
John T. Davis, P.E.
Director, Engineering Services
Prepared by:
LuAnne Oldham
Real Estate Specialist
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
�ocation M ap DUNCAN Parcel M100
EXHIBIT 1 attachment to AIS Mayhill Road Widening and Improvements
s:Vegal\our documents\ordinances\14\duncan counteroffer.doc
EXHIBIT 2- Attachment to AIS
ORDINANCE NO. 2014-
AN ORDiNANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A COUNTEROFFER FROM JOHN FRED DUNCAN AND BENNY CARL
DUNCAN, INDEPENDENT CO-EXECUTORS OF THE ESTATE OF ELIZA F. DUNCAN,
DECEASED (COLLECTIVELY THE "OWNER"), TO THE PURCHASE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS ("CITY"), AS BUYER, AND OWNER, FOR
THE PURCHASE BY THE CITY OF A 1.364 ACRE TRACT WITH WAIVER OF SURFACE
USE RELATED TO THE MINERAL ESTATE ("PROPERTY INTERESTS") FOR ONE
HUNDRED EIGHTY THOUSAND DOLLARS AND NO/CENTS ($180,000.00) (THE
PROPERTY INTERESTS ARE BEING PURCHASED FOR THE PUBLIC USE OF
EXPANDING AND IMPROViNG MAYHILL ROAD, A MUNICIPAL STREET AND
ROADWAY LOCATED IN THE CITY OF DENTON, TEXAS, AND ARE LOCATED IN
THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 927, CITY OF DENTON, DENTON
COUNTY, TEXAS, AND GENERALLY LOCATED IN THE 1000 BLOCK OF SOUTH
MAYHILL ROAD); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas ("City") has initiated the widening and expansion
of South Mayhill Road affecting, among other lands and interests, the Property Interests;
WHEREAS, the City Council finds that the widening and expansion of South Mayhill
Road constitutes a valid public use by the City;
WHEREAS, the City made both an Initial Offer and Final Offer to the Owner to purchase
the Property Interests;
WHEREAS, the Owner has made a counteroffer to the Final Offer of City;
WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best
interest to agree to it; and
WHEREAS, after due consideration of the public interest and necessity and the public
use and beneiit to accrue to the City; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The recitations and findings contained in the caption and preamble of this
ordinance are incorporated by reference.
SECTION 2. The City Manager, or his designee, is authorized (a) to execute on behalf
of the City (i) the counteroffer from Owner as represented by the attached Purchase Agreement,
by and between the City and Owner, with a purchase price of $180,000.00; and (ii) any other
documents necessary for closing the transactions contemplated by the Purchase Agreement; and
(b) to make expenditures in accordance with the terms of the Purchase Agreement.
SECTION 3. It is the intention of the City Council of the City of Denton, Texas, that if
any phrase, sentence, section, or paragraph of this ordinance shall be declared unconstitutional or
otherwise invalid by final judgment of a court of competent jurisdiction such unconstitutionality
or invalidity shall not affect any of the remainder of this ordinance since the same would have
been enacted by the City Council without the incorporation of the unconstitutional or invalid
phrase, sentence, section or paragraph.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� w�--
By:
EXHIBIT A
TO
ORDINANCE
PURCHASE AGREEMENT
NOTIC�
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE TI3E RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT R�GARDING 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, GOVERNM�NT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated ,
2014, but effective as of the date provided below, between the John Fred Duncan and Benny Carl
Duncan, Independent Co-Executors of the Estate of Eliza F. Duncan, deceased (collectively
referred to herein as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, John Fred Duncan and Benny Carl Duncan, Independent Co-Executors of the
Estate of Eliza F. Duncan, deceased, are the Owner of a tract of land (the "Land") in the M.E.P.
& P.R.R Co. Survey, Abstract Number 927, being affected by the public improvement project
called the Mayhill Road Widening and Improvements Project ("Project"); and
WHEREAS, City is in need of certain fee simple lands, being a part of the Land, related to
the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1. A. At Closing, the Owner shall grant, execute, and deliver to the City a Special Warranty
Deed (herein so called), conveying to the City, subject to the reservations described below, the
tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain Special
Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special Warranty
Deed being attached hereto as Attacl�unent 1 and made a part hereof.
The Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attaclunent 1"
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for themselves,
their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that
may be produced from the Fee Lands. Owner, their heirs, devisees, successors and assigns, shall not
have the right to use or access the surface of the Fee Lands, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas and other minerals reserved herein, including without limitation, use
or access of the surface of the Fee Lands for the location of any well or drill sites, well bores,
whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or
tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support far 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 explaration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall
exclude (i) all substances that any i•easonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances (except oil and gas) which are at or near the surface of the
Fee Lands. The intent of the parties hereto is that the meaning of the term "minerals" as utilized
2
t�enny uuncan ;sti� yy� ila4 �:���yy� i1y4 p.'i
hercin, shall be in aCCOrdance with that set forth in fteed v. i�;ylie, 597 S.�V.2d 7�3 (Tex, 1980),
As used herein, the term "surface of the f�'ee I,ancis" shall inclttcie the area from the surface ot' the
eartl� to a cie�th of �ve Imndrec3 feet (500') below the surface of the earth anci all areas above t.he
sur.face df ihe earEh.
2. As consideration for tlle grantin}; and conveying af the Fee Lruids ta tlie City, the City shall pay
ta C?wnez• at Clc�sing ihe st►nt of One I-iundred Eighty 7'hnusand and No/100 D�ltars (S18t),000.00). ��"�-
The monetary co.mpensation prescribed in chis Section 2 is herein refcrxed to as ehe "Total Manetary
Comgensatian".
3. The Owner shali cot�vey and grant tc> the City ±ize Fee T,aa�3s frea and clear nf all debts; liens and
other encum�rances (the "Encumbranec�"}. 7'h.e Uwner shall assist and support 5atisfactioi� of all
closin�; requirements of the City in relati�n t� sUlicitation af r�;leases or subordinations of the
I:ticunlbranccs and other curative effarts a('fecting the Fee I,�uids, if'necessary in the discretion of ti�e
City. In the event that aii �;ncutnbranees arc i�o€ cured to t}�e satisfaction of City prior to Ciosing.
such shalt not be a default hereunder, although Uwner inay o#herwise be in default under Section 10,
beiow. However, if the Pnciunbrances are not cured as provided herein, City has the option oi either
(i) wuivin�; the defects related to the reinaining Encumbrances by notic� in writing to Owner on or
pr'ror to the Closin� Date, upon whicli the ren�aining Eticumbrances sha11 l�econ�e Pcrmitted
Exceptions (herein so cailed), and proceed to close €l�c transaction contemplated by this Agreem�nt:
or (ii) ternlinatinb this AgreemenC by nt>tice in writing to Ownei•, in which latter eveni Owner ac�d
City shall have no further obli�ati�ns under this Agreement.
4. Otivner stipulates tliat the Totai i'vtonetary Compensatian payment constitutcs and inctudes all
contpensatio� due O���ner by Ciry re.lated to th� Project, including �vithout limi?ation, any clam��e to
° or daminutzon in the value of the remaincier of tJivnec's property caused by, incident t�, or related to
thc Project, value c�i; dazna�e to andlor costs of repair, replacement ancilt�r reloca#ion of any
improvenients, turt; landsca}�e, vegetation, or any other structure or facility oi airy kind within fihe
Fee Lands related tt� activities conduited �u.rsuant tc� the C�ty o���ersliip of the Fee Lands,
intei-ference unth Owner's acrivities on other property ititerests of Owner, cause� by or reiated to
.�7
herein, shall be in accordance with that set forth in Reed v. Wylze, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Fee Lands to the City, the City shall pay
to Owner at Closing the sum of One Hundred Eighty Thousand and No/100 Dollars ($180,000.00).
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 Fee Lands free and clear of all debts, liens and
other encumbrances (the "Encumbrances"). The Owner shall assist and support satisfaction of all
closing requirements of the City in relation to solicitation of releases or subordinations of the
Encumbrances and other curative efforts affecting the Fee Lands, if necessary in the discretion of the
City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing,
such shall not be a default hereunder, although Owner may otherwise be in default under Section 10,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement.
4. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all
compensation due Owner by City related to the Project, including without limitation, any damage to
or diminution in the value of the remainder of Owner's property caused by, incident to, or related to
the Project, value of, damage to and/or costs of repair, replacement and/or relocation of any
improvements, turf, landscape, vegetation, or any other structure or facility of any kind within the
Fee Lands related to activities conducted pursuant to the City ownership of the Fee Lands,
interference with Owner's activities on other property interests of Owner, caused by or related to
3
activities related to the Project on the Fee Lands, whether accruing now or hereafter, and Owner
hereby releases for themselves, their heirs, devisees, successors and assigns, the City, it's off cers,
employees, elected officials, agents and contractors from and against any and all claims they may
have now or in the future, related to the herein described matters, events and/or damages.
5. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC, 525
South Loop 288, Suite 125, Denton, Texas, 76205 ("Title Company"), with said Title Company
acting as escrow agent, on the date which is 90 days after the Effective Date, unless the Owner and
the City mutually agree, in writing, to an earlier or later date ("Ciosing Date"). In fhe event the
Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the
Closing Date shall be the next resulting business day.
6. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing jointly
to the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the
calendar year in which Closing shall occur shall be prorated between Owner and City as of the
Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is not
known as of the Closing Date, the proration shall be based on the amount of taxes due and payable
with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon
as the amount of taxes levied against the Fee Lands for the calendar year in which Closing shall
occur is known. The result of such proration is that the Owner shall pay for those taxes attributable
to ihe period of time prior to the Closing Date (including, but not limited to, subsequent assessments
for prior years due to change of land usage or ownership occurring prior to the Closing Date) and
City shall pay for those taxes attributable to the period ,commencing as of the Closing Date. All
other typical, customary and standard closing costs associated with this transaction shall be paid
specifically by the City, except for Owner's attorney's fees, if any, which shall be paid by Owner.
Cr
� /�,�. � _ ;�
7. The date on which this Agreement is executed by the� shall be the "Effective Date" of this
Agreement.
8.A. In the event Owner, or either of them, shall default in the perforiY�ance of any covenant or term
provided herein, and such default sliall be continuing after ten (10) days written notice of default and
0
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 perfarmance of this Agreement.
9. THE LAWS OF THE STATE OF TEXAS SI�ALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS P�RFORMABLE IN DENTON
COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HER�UNDER SHALL LIE
SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY,
TEXAS.
10. From and after the Effective Date of this Agreement, tYu•ough and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands; or (ii) enter into any Agreement
that will be binding upon the Fee Lands, or upon the Owner with respect to the Fee Lands after the
date of Closing.
1 l. Any notices prescribed or allowed llereunder to Owner or City shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as descx-ibed herein, and
shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand
delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
C�IL�I�i�l.i
John Fred Duncan, Independent
Co Executor of the Estate of
Eliza F. Duncan, deceased
Phone �F�ft� �
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
5
Benny Carl Duncan, Independent City of Denton
Co Executor of the Estate of Paul Williamson
Eliza F. Duncan, deceased Real Estate and Capital Support
901-A Texas Street
Phone�3� �� q`l ��'7oZ 9¢- Denton, Texas 76209
Telecopy: 5d M z�C� � 1��Y s�� Telecopy: (940) 349-8951
Copies to:
For Owner: I'or City:
Telecopy:
Larry Collister, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
12. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
13. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Special Warranty Deed.
14. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Fee Lands, City may, at its election, terminate this Agreement at any time
prior to Closing.
15. Authority to take any actions that are to be, or may be, 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 �ngineer
of City, or his designee.
�
CITY OF DENTON, TEXAS
.�.�
By: _.._--� �.�-�------
GEORGE C. CAMPBELL,
CITY MANAGER
Date: � � , 2014
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ' �` `, ��°� � �` �`
! f�
Date: �.�� ,(� �� , 2014
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
, _._
BY: �'Y
Date: �-� � , 2014
OWNER:
CITY OF DENTON, TEXAS
BY:
GEORGE C. CAMPBELL, CITY MANAGER
DATE:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
DATE:
APPROVED AS T0;_:LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:
��
� � �
� �
� : �.-� �, c� � � �� ,
� (�,t,C,�-
John` e Du can, Independent Co-Executor
of th Estate of Eliza F. Duncan, deceased
Benny Carl uncan, Independent Co-Executor
of the Estate of Eliza F. Duncan, deceased
�
Date: ��;�� � � , 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 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 Naine:
Title:
Contract receipt date: , 2014
�
ATTACHMENT 1
TO
PURCHAS� AGREEM�NT
NOTICE OF CONFID�NTIALITY RIGHTS: IF YOU ARE A NATURAL
P�RSON, YOU MAY ItEMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN I2EAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIV�R'S LICENSE NUMBER.
SPECIAL WARRA.NTY DEED
STATE OF TEXAS
COUNTY OF DENTON
�
�.�
KNOW ALL MEN BY THESE PRESENTS:
That, John Fred Duncan and Benny Carl Duncan, Independent Co-Executors of
the Estate of Eliza F. Duncan, deceased (herein collectively called "Grantor"), for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and
valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a
Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney,
Denton, Texas 76201, the receipt and sufficiency of which are hereby 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 intez•ests 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
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Pt•operty. Grantoa�, their heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, 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 and gas) that any reasonable extraction,
mining or other exploration and/or production method, operation, process or procedure
would consume, deplete or destroy the surface of the Property; and (ii) all substances
(except oil and gas) which are at or near the surface of the Property. The intent of the
parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area froin the surface
of the earth to a depth of f ve hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
This conveyance is subject to the following:
[Insert Permitted Exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARIZANT AND FOREVER DEF�ND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lav��fully
Page 2 of 4
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
EXECUTED the day of , 2014.
John Fred Duncan, Independent Co-Executor
of the � tate of Eliza F. Dunca deceased
' j �-�-t-�"��
Benny Carl D ncan, Independent Co-Executor
of the Estate oi Eliza F. Duncan, deceased
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2014 by.
John Fred Duncan, Independent Co-Executor of the Estate of Eliza F. Duncan, deceased
Notary Public, State of Texas
My commission expires:
Page 3 of 4
���� rtl�ur Surveying Co., I nc.
.tPxoaf'�ss�c��a� �..az�cZ' Suz-�e,�.ro�x�
P.O. Boti 54 --- I ewisville, Tesas '75067
Oiiicc: (972� 221-9439 -- Fax: (9'72) 221-46'7�
EXHIBIT "A"
MAYHILL ROAD
PARCEL M100
1.364 Acres
City of Denton, Denton County, Texas
SEING all that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Co. Sucvey, Abstract Number 927,
City of Denton, Denton Couury, Texas, and being part of a tract of land described by deed to J. G. Duncan and wife,
Frances Duncan, recorded in Volume 509, Page 327, Deed Records, Denton County, Texas (D.R.D.C.T.), and being
more partictilarly described as follows:
BEGINNING at a"PK" uail set in the existing Mayhill Road for the southeast corner of said Duncan tract;
THENCE South 89 degrees 46 minutes 34 seconds West, with the south line of said Duncan tract, a distance of
98.95 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for conler in
the south line of said Duncan tract and the ilorth luie of a tract of land described by deed to Carl K. Clay, recorded ir�
Volume 1149, Page 518, D.R.D.C.T.;
TH�NCE North 02 degt•ees 38 minutes 08 seconds East, over and across said Duncan tract, a distance of 116.47
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner at the beginning of a curve to the left,
having a radius of 9932.50 feet;
THENCE over and across said Duncan t�•act, with said curve to t11e left, having a cenh�al angle of 00 degrees 47
minutes 26 seconds, �vhose chord bears North 02 degrees 14 minutes 25 seconds East at 137.04 feet, an arc length of
137.05 feet to a 1/2 inch iron rod with yellow cap stanlped "A.S.C." set for cornei;
THENCE North Ol degrees 50 minutes 42 seconds East, over and across said Duncan tract, a distance of 351.72
feet to a 1/2 inch iron rod with yellow cap staiilped "A.S.C." set for coruer in the north line of said Duncan tract and
the occupied south line of Bridges Road;
THENCE North 89 degrees 22 minutes 18 seconds East, with the noi�th line of said Duncan tract and the occupied
south line of said Bridges Road, a distance of 99.21 feet to a"PK" nail set for coiner in said Mayhill Road;
THENCE South 02 degrees 06 minutes 31 seconds West, with the east line of said Duncan tract, and in Mayl�ill
Road, a distance of 605.94 feet to the POINT OF BEGINNING and containing 1.364 acres of land, of which 0.431
acre lies within existin� Mavhill Road.
�,,�l�.:��l�F���c:,°�='.�. ,
�gee @° �� �7 : � E
yC:�tS�t ta� i�. a= � ° �j�
o,a>e��� s? �
� f' °•.,�� �a�
`9,�;° �s�s�� e
`��.;. � � � rro°� ��'
C1107131-21
Parcel M100
i �$ . � 3
I.R.F. SEC of Lot 2R, Block 3
R Golden Triangle Industrial Park
[�osted 9�A. Instr. No. 2010, Pg. 86
�R���S �0� �'�o-.
(ROWdocumentsnotfound) N89°22'Ig"E I �
� 99.21'
�s _ _ — �-- "PK" Nail
I.R.F. � I.R.S. � Set
(C.M.) S8922'18"W �
251.79' ' �,
U
' CYo
k!$ TP&L Easement
�i Vol. 262, Pg. 169
.c�o f
���i 1
I�
� � 1�
n•' � �
W �� 1 O 3
N II � �O
�
0
a' 4 0'� v
� c '�� �3
zi �
� I� F�.°
� �` I � � ro
��1.�= �; �o �
�� i � � �`.
� �� �° � � �
'�' =
�x_xJ � ,�
J.G. Duncan and wife, X—% X—x�� �- �
Frances Duncan
Volume 509, Page 327
,�?.
,y .
��
��
���:
.:` =
k
��,
��,
Carl
Volume il
EXH1L 1 1 L
C1
R=9932.50'
L=137.05'
D=00°47'26"
Chd.=NO2°14'25'B
iz�nn�
N
100 0 50 100
SCALE: I" = 100'
Bearings sho�an hereon based on the City of
Denton GIS Netµ�ork.
NOTES:
• I.R.P. = 1/2" Iron Rod Found
• LRS. = 1/2" Iron Rod Set with
yello�v cap stamped °Arthur
Surveying Company"
• Blaz�ket �asements recorded in Vol.
341, Pg. 26� & Vol. 410, Pg. 173 as
affected Uy Vol. 113, Pg. 130
include this tract.
• t111 improvements not shoum
liereon.
,;�' � {� " � New Pareel 0.933 aa (40;646)
C:r� ('1 • T----`---T----it_�r-''--`'--- nn�� __ i�o-vv
Mayhill Road
Parcel M140
1.364 Acres
M.E.P. & P.R.R. Co. Survey,
Abstract Number 927
City of Denton
Denton County, Texas
-- 2011 --
0 Sq. 1�.)
!. ft.)
�
n�����
v
ERTIITCAITON:
hereby certify to Title
:562) that tlus survey was
this daymade on the ground of the properry fegally
described hereon and is conecK and to the best of
my ]aiowledge, t6ere aze no visible discrepaacies,
conflicts, shortages in area, boundary line conflicts,
encroachments, overlapping of improvemenu,
easements orrig6ts ofway that I have been advised
of except as shown hereon.
rthur Surveyir�g Co., I nc.
Professional La.nd Surveyors
P.O.Box 54 – Lewisville, Texas 75067
Office: (972) 221-9439 Fag: (972) 221-4675
Estatblished 1986
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
File #: ID 14-0271, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Consider approval of the minutes of May 5, 2014, May 6, 2014, May 13, 2014 and May 20, 2014.
City of Denton Page 1 of 1 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
CITY OF DENTON CITY COUNCII, MINUTES
May 5, 2014
After determining that a quorum was present, the City Council convened in a Work Session on
Monday, May 5, 2014 at 11:30 a.m. in the North Branch Meeting Room at the North Branch
Library, 3020 N. Locust Street, Denton, Texas.
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. Receive a report, hold a discussion, and give staff direction about the Rayzor Ranch
mixed-use development, including information regarding the overlay district and design
standards for the project, and the economic impact of the project.
Bryan Lockley, Director of Planning and Development, provided an update on development at
Rayzor Ranch and anticipated future development. Those included proposed overlay
amendments for the Marketplace and Town Center and the Rayzor Ranch design itself. He
reviewed recent development for the Marketplace on north side of Rayzor Ranch and showed the
new Academy Sports building design. A Cinemark Theater would be the first development on
the south side.
Rayzor Ranch Marketplace Proposed Overlay Amendments — there were two proposed
amendments to the overlay. One would create a subarea of RR-2 to allow for quick vehicle
servicing and/or vehicle repair for automotive retailers in the area. These uses were not
originally permitted but there had been some interest from those types of services.
Mayor Burroughs noted that there had been no specific discussion about quick vehicle uses. He
questioned if there were other limitations on neighborhood services such as dry cleaners, local
banking, etc.
Lockley stated no because those types of services were already present on three corners of the
development and Rayzor Ranch was supposed to be higher end development.
Council Member Gregory asked why that type of service was originally excluded.
Lockley stated that the original use focus was not on tire sales, oil changes, etc. The thought was
that the Walmart and Sam's could do that type of service and that the uses were permitted
elsewhere in the surrounding area.
A second amendment to the overlay would permit mass clearing and grading. The amendment
would allow mass clearing and grading at one time and not as individual site plans and plats
were approved. Staff felt this procedure made more sense as it was a more efficient use for
Rayzor due to its large holding. This permit would require Planning and Zoning Commission
approval of the final plat and construction documents. Staff had developed a checklist to
facilitate this review for the grading permit.
Council Member Gregory felt that this was a big area to be graded all at once. With the current
drought and with spring winds, this grading would make a lot of dust which might cause
problems with the surrounding uses. He questioned if there were requirements for grading on
that scale to reduce the dust and reduce the runoff.
City of Denton City Council Minutes
May 5, 2014
Page 2
Lockley stated that was part of the current grading process. It would be done on a small scale
with a few users at a time and not done all at once. There were dust control and run off ineasures
that would have to be followed.
Council Member Gregory stated that given the negative reaction when the property was
originally graded and the fact that nothing happened with no planting, he was underwhelmed
with the request and would expect some commitment on the part of developer to replant that
portion of the property which was not used immediately with native plants to reduce the negative
visual impact and runoff impact.
Lockley continued that another issue was the design guidelines with minimum standards and
architectural features. Staff was questioning if this was a collection of independent stores or a
unified development. Rayzor indicated the stores would like to keep their branding. However, it
was possible to do both such as with the Ross store. That store had its branding and color
scheme but the design standards of the development were also incorporated. A question to
consider was if there was a minimum amount of stone expected for future buildings.
Mayor Burroughs stated that from prior discussions he did not think that it had to be identical
and that was not the intent. The intent was to allow differentiation but to have some continuity
of the patterns. Key elements maintained throughout the development were needed. Maintain
that continuity to show that it was part of a whole but not a cookie cutter design.
Council Member Gregory stated that the Petco building was more of what he was led to believe
what would be developed as opposed to the Famous Footwear building. He was troubled that it
might be a pattern to offer what was supposed to be, then showing something much less
desirable. Overall, he was pleased with the look on the north side. He felt it might be helpful for
staff to provide standards percentages for the development.
Lockley stated that there was a balance to those standards with the end user in order to attract
development. He felt it would be beneficial to indicate that there was a need for consistency
between some of the retailers that balanced those two issues out. He would work with staff and
the developer to best work that out for Council to consider.
Council Member King arrived at the meeting.
Mayor Burroughs questioned if there was supposed to be a differentiation in the roof line every
certain amount of development.
Council Member Hawkins asked if the developer built the buildings and leased out the space or
worked with the tenant for the design of the building.
Lockley stated that the developer worked with the tenant and the tenant then came to the City
with the design.
Bissett stated that each individual tenant had their own expectations and would come forward
with minimum standards so then it was up to the developer and staff to negotiate the design
standards.
City of Denton City Council Minutes
May 5, 2014
Page 3
Council Member Engelbrecht stated that in terms of Academy, the retailer came in with a
minimum but were working with the developer for a village concept. The developer allowed
Academy to present a design which was not in keeping with the rest of the development. That
concept got through the developer and to staff in an incorrect form. The village concept for a
unified whole was being diminished which was not what was promised. The developer was also
asking for more and more amendments and the City getting less and less quality from the
developer. His expectation was that the developer would provide more resolution before the
concept came to staff but now staff had to do that.
Mayor Burroughs stated that he understood that there were three parties involved; the tenant,
developer and City. His observation was that from time to time a developer needed the City's
help with the tenant and at times the tenant was in charge such as Dillard's decision to stay at
Golden Triangle Mall.
Mayor Pro Tem Kamp stated that she was concerned that staff had the tools necessary to move
forward with negotiations with future tenants.
Council Member Engelbrecht felt that the City was asked to reduce the standards while it really
needed to increase the standards.
Council Member King stated that he would like to maintain the flexibility to work with the
tenants and developer for the standards.
Lockley stated that was part of the process to work with the tenants and developers to maintain
the standards. There was a balance on how far to take the standards so that they did not impact
the ability of the tenant to locate in Denton.
Council Member Roden felt there was a need to look at what tools were available. There were
design standards in Highland Village and he questioned why they were there and not in Denton.
He felt there was a need to look at details as Denton was losing shoppers due to the second best
mentality in Denton.
Mayor Burroughs felt a subdivision of middle income was needed that would make a large
impact on the economic status of the City.
Mayor Pro Tem Kamp stated that a difference had been made in the past 10 years but Denton
had a lot of students with part-time jobs which reflected on the economic status of the City. She
questioned if more policy direction was needed or could staff work with what they already had.
Lockley stated that Council had provided good direction and he would go back and work with
staff on what might be needed.
Council Member Gregory felt that standards on way things looked were vital to economic
development.
Lockley presented Rayzor Ranch design details for development along University. Those
standards would include (1) orientation towards University, (2) four sided architecture, (3)
enhanced landscaping and (4) no solid waste revetments along University.
City of Denton City Council Minutes
May 5, 2014
Page 4
Council Member Engelbrecht asked if any elevations had been submitted for Cinemark.
Lockley stated they had not seen any yet but felt they would be consistent with their brand.
Council Member Gregory questioned if there would be any other issues Planning would
recommend to look at for standards and levels that might be needed to be reviewed or clarified
before moving any further on the south side.
Council Member Engelbrecht stated that he was not against the Rayzor Ranch development but
felt the direction was going contrary to what was expected in the beginning. He was also
concerned about the south side anchors now there were was not going to be a large retail anchor
in the development.
Aimee Bissett, Director of Economic Development, reviewed the economic impact of Rayzor
Ranch Marketplace in terms of sales tax revenue, the 380 grant, net sales tax revenue, the
valuation of the property, increment over 2010 and property tax revenue increment.
2013 Rayzor Ranch Marketplace analysis — the total property tax value was approximately $94
million with property tax revenue of approximately $650,000. The sales tax revenue after grant
was approximately $830,000. Annual 2013 revenue for the City was $1.5 million direct dollars
which was equivalent to a 2% property tax increase. That amount did not include Kohl's, Ross,
Academy, Panera, Five Below and Boot Barn
Council Member Roden questioned if Rayzor Ranch was taking away from other shopping areas
in the City as opposed to producing new dollars.
Bissett stated that the analysis did not show that Rayzor Ranch was taking away from other areas
in Denton.
Marketplace and Town Center at Build-Out — it was anticipated that at build-out Marketplace
and Town Center would generate $2.5 million per year in ad valorem tax revenues (City only)
and $4.5 million in sales tax (after grant). The project would generate 1200-1850 direct full-time
jobs, 1000-1400 indirect full-time jobs, 1000 direct construction jobs and 1500 indirect
construction jobs.
PID Term Sheet —(1) maximum total indebtedness would be $40 million, (2) estimated total
qualified development costs would be $32 million, (3) maximum total indebtedness for
Assessment Area #1 would be $12 million, (4) maximum annual assessment rate as equivalent
tax rate upon completion of development for Assessment Area #1 would be $.050 per $100 of
assessed value, (5) maximum construction costs to be funded would be $8,100,000, (6) minimum
appraised value to lien ratio at date of each bond issue would be 3:1, (7) maximum years of
capitalized interest for each bond issue would be 2 years and (8) maximum term of each bond
issue would be 30 years. The PID timeline was reviewed.
Chapter 380 amendments — Time - currently the threshold had to be met by January l, 2015.
The developer was requesting a three year extension to January l, 2018. The Marketplace
timeline was slower than anticipated but was highly successful.
City of Denton City Council Minutes
May 5, 2014
Page 5
Additional Phasing — the phasing established in 2010 allowed the Marketplace to be successful.
The Phase 2 requirement of 600,000 square feet presented timing issues. The developer was
requesting to have Phase 2 split to 300,000 and 300,000 square feet. The reimbursement total
would be split as well. Another amendment was the removal of the sell-back clause for the
Dillard's building.
Chapter 380 Amendments Revenue Streams — A suggested amendment was an expanded
definition of total taxable sales to include sales tax from construction materials if local, mixed
beverage tax and the removal of all Golden Triangle Mall provisions. An extension of the 380
term for Phase II was also proposed. That extension would include extending the agreement
from 20-25 years which gave the developer more time to recover costs and be fully reimbursed.
The 380 agreement was performance based; if the sales tax was not being generated, there was
no reimbursement. Other considerations included the 380 funds were for public infrastructure
only and the long-term ownership and reinvestment in the property.
Council Member Engelbrecht stated that he was not in favor of a construction rebate.
Chapter 380 Amendments — Additional Costs — the developer was requesting a cap increase from
$62 million to $68 million and that PID expenditures be eligible for reimbursement. The PID
debt was paid by the developer, was funded over time by special assessments to the property
owner, and provided public infrastructure with private dollars.
Council and representatives from Rayzor Ranch discussed incentives, sales tax and associated
agreements and the provisions of the Golden Triangle Mall.
2. Receive a report and participate in a tour of The Forge, Denton Public Library's new
technology makerspace located within North Branch Library.
Council participated in a tour of The Forge at the North Branch Library.
Following the completion of the tour of The Forge, the City Council convened in a Closed
Meeting at 2:15 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 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.
With no further business, the meeting was adjourned at 2:57 p.m.
City of Denton City Council Minutes
May 5, 2014
Page 6
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCII, MINUTES
May 6, 2014
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 6, 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 May 6, 2014
Council Member Roden asked about Consent Agenda Item EE, pavement marking. He asked if
there was a way to make the markings more resistant to weather.
Jim Coulter, Water Administration General Manager, stated that there were some issues with the
last contractor and the contract changed vendors. The weight of vehicles and weather might
affect how long the marking last.
Mayor Burroughs noted a correction in the dollar amount for Item GG on Consent and any
motion should include the correct amount.
Council Member Gregory stated that there were three different items for parks on the Consent
Agenda. Item L was for the North Lakes driving range, Items X and U were for noise exceptions.
Since there was a Parks Advisory Board, it might be useful to have them weigh in on those
recommendations.
Mayor Pro Tem Kamp stated that there were so many noise exceptions, it was never felt that it
was necessary to have them considered by the Parks Board. They were routine matters and had
associated timing issues.
Council Member Gregory stated that the contract for the driving range was not as routine.
Mayor Burroughs asked if the driving range upgrade was part of the long term plan for the park.
John Cabrales, Assistant City Manager, stated that the upgrade involved replacing the Astroturf
and re-vamping the center. The range had been in operation for some time and needed
upgrading.
Mayor Burroughs stated that it might be a good idea for items such as this to be presented to
committees for unforeseen opportunities that might be vetted.
Jim Mays, Parks Superintendent, stated that the golf course operational item was in the
construction plans which were reviewed with the Parks Board on a monthly basis. Usually there
were not advisory board votes on operational items.
City of Denton City Council Minutes
May 6, 2014
Page 2
Council Member Roden requested that Consent Agenda Item D be pulled for separate
consideration. In reference to Consent Agenda Item R, expanding eligibility for a tax exemption
for historically significant sites, he stated that the Historic Landmark Commission's property
appearance guidance was made for the downtown area and might be outdated. He questioned
what the criteria would be for the exemption qualifications if property was located other than in
the downtown area.
Julie Glover, Economic Development Program Administrator, stated that the qualifications were
based on the Secretary of Interior guidelines for preservation. While Denton's guidelines were
written specifically for downtown, the standards would apply for areas other than downtown.
Council Member Roden stated that the date of the last incentive was prior to the TIF and
questioned how the exemption would work now that the TIF was in place. He questioned if a
policy discussion was needed whether to allow the exemption in a TIF zone.
Glover stated that it was legally allowable and would be done on a case by case basis.
Council Member Roden felt it was more an economic decision rather than a historic decision.
Mayor Burroughs stated that was because the exemptions were not necessarily historic in nature
but rather economic.
Aimee Bissett, Director of Economic Development, stated that a revised approval process could
be done for those in a TIF zone that would pass the request on to the TIF Board or EDP Board
instead of just HLC.
Council Member Gregory requested that Item AA be pulled for individual consideration. The
project would help eliminate a flooding problem in his district and he would like a higher level
of recognition for the issue. He asked whether Council wanted to discuss Consent Agenda Item
Z during the Work Session.
Mayor Pro Tem Kamp stated that the Mobility Committee had recommended Option 2.
Council Member Roden asked about the split vote from the Economic Development Partnership
Board for Consent Agenda Item A.
Mayor Burroughs stated that there had been several requests similar to this one. The discussion
focused on whether the requestor needed the money or not and several members of the Board
questioned if the project met the criteria. Several members felt the project did not really need the
money. He felt the ownership of the property should not come into consideration.
Bissett stated that the EDP Board requested that an item come to Council to discuss the intent
and purpose of the downtown reinvestment grants. There was some disagreement whether the
purpose was to encourage a certain type of development or provide incentive for a development
that might not otherwise happen.
Council Member Engelbrecht asked about Consent Agenda D in terms of liability if someone
was using someone else's phone.
City of Denton City Council Minutes
May 6, 2014
Page 3
City Attorney Burgess stated that would become a question of fact and what could be proven in
terms of conflicting evidence of who was using the phone.
Mayor Burroughs noted that Item N had two bids thrown out due to being nonresponsive. He
suggested in the future to note why the bids were non-responsive. He asked for a reason on why
the two bids were not considered.
Frank Payne, City Engineer, stated that the first bid did not submit the required information with
the bid and did not include a bid bond. The second bid was not considered because they
scratched out some of the terms and added some that were not in the bid.
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 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)
PS Arora, Wastewater Division Manager, presented information on the need for the detention
facility. The proposal was for a submersible pump station with a closed detention tank for the
overflow of water. He noted the options for the sites for the facility and reviewed the price for
each option. The facility would not be seen from the roadways or neighboring subdivisions.
Local residents would not see the proposed facility due to the terrain and existing trees. He noted
that an essential component of the proposed facility was air scrubbers to avoid any nuisance
odors in the air.
Mayor Burroughs asked about the noise of the facility.
Arora stated that the facility would be used only with extreme rain conditions. The pumps
should not be heard as they were underground and there was very little noise from the air
scrubbers. The facility would be beneficial to the community and at the same time invisible to
the community.
Following the completion of the Work Session, the Council convened in a Closed Meeting to
consider the following:
l. 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.
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
City of Denton City Council Minutes
May 6, 2014
Page 4
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.
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.
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.
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.
City of Denton City Council Minutes
May 6, 2014
Page 5
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 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)
City of Denton City Council Minutes
May 6, 2014
Page 6
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 ordinance to extend a standstill
agreement with EagleRidge Energy, LLC and EagleRidge Operating, LLC or
impose a moratorium on gas well drilling and production.
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 Motorcycle Safety and Awareness Month
Mayor Burroughs presented the proclamation for Motorcycle Safety and Awareness month.
2. Drinking Water Week in Denton
Mayor Burroughs presented the proclamation for Drinking Water Week in Denton.
3. Shelter Thy Neighbor Week
Mayor Burroughs presented the proclamation for Shelter Thy Neighbor Week.
4. Exercise is Medicine Month
Mayor Burroughs presented the proclamation for 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.
City of Denton City Council Minutes
May 6, 2014
Page 7
Chief Ross Chadwick presented life saving award to four city employees who saved the life of a
citizen.
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.
Ms. Cano stated that there was a desperate need for bus shelters at the bus stops. She displayed
various photos depicting bus riders without shelters and how they had to wait for the buses. She
asked Council to remedy the need.
Mayor Burroughs asked Ms. Cano if she had talked with DCTA regarding the shelters.
Cano replied yes and she planned to continue discussions with them.
4. CONSENT AGENDA
Mayor Burroughs announced that Items D and AA would be pulled for separate consideration.
Council Member King motioned to approve the Consent Agenda and accompanying ordinances
and resolutions with the exception of Items D and AA and with the amended dollar amount for
Item GG.
Mayor Pro Tem Kamp seconded the motion and offered a friendly amendment to Item Z to add
Option 2 and in Section 2, Number 1 add "Loop 288 to a four lanes of an eventual six lane
divided section". Council Member King accepted that amendment to the motion.
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. 2014-110
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).
Resolution No. R2014-014
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
City of Denton City Council Minutes
May 6, 2014
Page 8
Central Texas Council of Governments Regional Transportation Council ("RTC");
and providing an effective date.
Ordinance No. 2014-111
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.
Resolution No. R2014-015
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.
Ordinance No. 2014-113
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
expenditure of funds therefor; and declaring an effective date (File 5528-
Cooperative Purchasing Program Agreement with the City of Weatherford).
Ordinance No. 2014-114
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).
Ordinance No. 2014-115
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).
City of Denton City Council Minutes
May 6, 2014
Page 9
Ordinance No. 2014-116
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).
Ordinance No. 2014-117
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).
Ordinance No. 2014-118
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.
Ordinance No. 2014-119
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).
Ordinance No. 2014-120
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).
Ordinance No. 2014-121
N. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the Mayhill Road Improvements Structure Demolition
City of Denton City Council Minutes
May 6, 2014
Page 10
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).
Ordinance No. 2014-122
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).
Ordinance No. 2014-123
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).
Ordinance No. 2014-124
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).
Ordinance No. 2014-125
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).
Resolution No. R2014-016
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 Minutes
May 6, 2014
Page 11
Ordinance No 2014-126
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)
Ordinance No. 2014-127
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)
Ordinance No. 2014-128
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 G8)
Ordinance No. 2014-129
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.
Ordinance No. 2014-130
X. 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 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.
Ordinance No. 2014-131
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.
Resolution No. R2014-017
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
City of Denton City Council Minutes
May 6, 2014
Page 12
Turnback Program; and providing an effective date.
Ordinance No. 2014-133
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).
Ordinance No. 2014-134
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)
A�roved the minutes listed below.
DD. Consider approval of the minutes of: April l, 2014; April 7, 2014; April 8, 2014;
April 15, 2014; and Apri122, 2014
Ordinance No. 2014-135
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).
Resolution No. R2014-018
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.
Ordinance No. 2014-136 (amended amount of �urchase�
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
City of Denton City Council Minutes
May 6, 2014
Page 13
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.
Item D was considered.
Ordinance No. 2014-112
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.
Mark Nelson, Transportation Director, presented information on the ordinance. The proposal had
originated at the Traffic Safety Commission and had been to Council work sessions on several
occasions. The ordinance prohibited texting only and provided for use of hand held devices for
emergency and FCC purposes. It did not allow for texting or searching the Internet. The ban
excluded the Interstate Highway and frontage road to the Interstate. A public education campaign
would proceed the effective date of the ordinance.
Council Member Roden asked if GPS navigation devices were banned.
Nelson stated that they would have to be mounted in the vehicle.
The following individuals submitted speaker cards:
John Butler, 626 Schmitz, Denton, 76209 — opposed
Gilmore Morris, 2005 Bowling Green, Denton, 76201 — opposed
Paul Silvernale, 2010 West Oak, Denton, 76201 - opposed
Council Member Hawkins 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.
Item AA was considered.
Ordinance No. 2014-132
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
City of Denton City Council Minutes
May 6, 2014
Page 14
Company, a Delaware corporation, providing for the expenditure of funds therefor;
providing an effective date. ($135,000)
Frank Payne, City Engineer, presented information on the ordinance. This item would assist with
local flooding at Cooper Creek in the area of the existing Union Pacific-Bridge.
Mayor Pro Tem Kamp motioned, Council Member Gregory 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.
Mayor Burroughs announced that Council would be considering Item Fl from the Closed
Meeting and read the agenda caption for that item.
Council Member Gregory motioned to adopt an ordinance before Council enacting a moratorium
until midnight on September 9, 2014, on the receipt, processing or approval of applications for
gas well permits in the City of Denton, and also on applications for specific use permits, site
plans, development plans of any nature or type, including applications for amendments to
approved or pending gas well development plats, and on fire code operational permits relating to
gas well drilling and production; providing for certain exemptions, and providing for a variance
procedure, all as set forth and specified in the ordinance.
Council Member Roden seconded the motion.
Council Member Gregory stated that he would like to see an ordinance redraft addressing the
city's continued interest and concern in protecting citizens from the impacts of gas well drilling
in the city. He would also like to see consideration given to encouraging the clustering of wells
in order to open up land use for the future development of the city. He thought there was a need
to address the insurance and bonding provisions of the current ordinance to make sure the
provisions were adequate and equitable. He felt there was a need to add some requirements
somewhere in the ordinance that would give notice to landowners regarding the location of gas
well drilling and production in the city. He knew that staff had noted some areas of the
ordinance which might need to be reviewed more closely. He looked forward to hearing about
these provisions and staff's suggestions as to creative solutions.
He asked that if the moratorium was enacted but the work on rewriting the ordinance was
completed before September 9�h, what would have to be done.
City Attorney Burgess stated that the new ordinance could repeal the moratorium.
Council Member Gregory asked if the rewrite was not completed by September 9�h, what would
be the next step.
City Attorney Burgess stated that the moratorium could be extended for whatever period of time
was needed.
Council Member Gregory stated that the purpose of the moratorium was to rework the gas well
ordinance.
City of Denton City Council Minutes
May 6, 2014
Page 15
Council Member King stated that the goal was to rework the gas well ordinance to make it more
useful and defensible. The only method was to do a short term moratorium.
Council Member Roden asked if the moratorium would apply to all operators in the city.
City Attorney Burgess stated correct.
Council Member King stated that there was a variance appeal procedure for the process if needed
and some exceptions as well.
City Attorney Burgess stated correct.
On roll call vote to adopt Ordinance No. 2014-137, 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.
Item 6A was considered.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
Resolution No. R2014-019
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.
John Cabrales, Assistant City Manager, presented information on the Pattersons and Mr.
Appleton in conjunction with the naming of the building. He reviewed the background of the
request from the Chamber regarding the naming of the building. The Patterson-Appleton Center
for Visual Arts would be the name for the building.
Mayor Pro Tem Kamp motioned, Council Member Hawkins 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.
Council returned to the regular agenda order.
5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE
OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
Ordinance No. 2014-138
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
City of Denton City Council Minutes
May 6, 2014
Page 16
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)
Paul Williamson, Real Estate Manager, presented the details of the ordinance. He stated that the
ordinance would make a finding that a public use and necessity existed to acquire property
through eminent domain for the Mayhill Road Widening and Improvements project and the City
of Denton Landfill.
Council Member Gregory motioned, Council Member Hawkins seconded:
"I move that the City of Denton, Texas authorize the use of the power of eminent domain to
acquire (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 ("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
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", 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"
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". Motion carried unanimously.
Real property description is attached as Exhibit 1 to the Minutes.
City of Denton City Council Minutes
May 6, 2014
Page 17
6. ITEMS FOR INDIVIDUAL CONSIDERATION
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.
This item was not considered.
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.
Aimee Bissett, Economic Development Director, presented information on an amendment to the
economic development grant for Rayzor Ranch. In addition to the improvements the developer
made to Highway 380, improvements were also made to the water quality and roads in the area.
The Rayzor Ranch development since the current developer took over in 2010 had a significant
impact on property and revenue taxes. The developer was requesting an amendment to the
existing agreement (1) time extension of 3 years to 2018, (2) additional phasing for the south
side from 600,000 to 300,000 initial retail improvements and 300,000 on back side of that with
the grant split for those two phases, (3) an expanded definition of total taxable sales to include
point-of-sale purchases and mixed beverages collected by the City as a result of the Rayzor
Ranch Development, (4) an extension of the 380 agreement terms on the south side to 25 years
from 20 years which would make sure the development was producing for those years (5) sale
back provision for the Dillard's building, and a provision of moving from Golden Triangle Mall
to Rayzor Ranch to have a sunset provision of 5 years and (6) a cap increase to $68 million only
if additional costs were incurred such as TxDOT improvements.
Council Member Gregory stated that there often was confusion regarding incentive programs. He
asked if such a program decreased the standards previously in place in terms of construction
aesthetics, landscaping, etc.
Bissett stated that it did not.
Council Member Gregory asked if the City would get more sales in property tax revenue for this.
City of Denton City Council Minutes
May 6, 2014
Page 18
Bissett stated that this was a performance based incentive. If there was no increase in sales tax,
the developer would not receive the incentive.
Mayor Pro Tem Kamp stated that Dillard's was a private company that made its own decisions.
She asked about the five year sunset provision.
Bissett stated that in 2010 the agreement had a provision to protect the Golden Triangle Mall. If
Dillard's left the Mall, there was the potential of a scenario where Rayzor Ranch might own the
building in the Mall. Council put a provision in the agreement that if that occurred and if Rayzor
Ranch owned the building Rayzor Ranch would agree to offer the building back to the Mall for
fair market value. Another provision was if an anchor closed its location at the Mall and moved
to Rayzor Ranch, the developer would not receive the incentive from that tenant.
Speaker Cards were received from the following:
Garr Herring, 2201 I35, Denton, 76205 - opposed to the deletion of the provisions
relating to the Golden Triangle Mall and urged the Council to not approve the agreement
without the provisions for Mall or table the amendment until it could be discussed
further.
Matt Ludemann, 2201 I35, Denton, 76205 - opposed to removal of the provisions
regarding the Mall.
Council Member Roden asked Mr. Ludemann if he was opposed to the concept or the length of
the sunset.
Ludemann stated he wanted to keep the length of the original agreement.
Council Member Gregory expressed a concern that Council had several work sessions on this
and Mr. Ludemann felt that the Mall was not made aware of this.
Ludemann stated that the issue of the sunset came up yesterday and they learned about it today.
They received got copy of second amendment this afternoon. They had several discussions on
the issue and always requested to protect the clauses.
Council Member Gregory stated that if the Council postponed a decision until next Tuesday it
would provide a chance to communicate with staff and allow for a Work Session before meeting
on the item.
Bissett stated that there had been several work sessions on the item with most of those general
discussions to leave the provisions for the Mall. The shift came when Dillard's announced it was
staying at the Mall and how that changed the request from RED to have the provisions removed.
RED felt it put them at a disadvantage if the provisions remained in the agreement.
Council Member Roden stated that the decision of Dillard's was the game changer and felt that
the Council should lock down the issue to give some ease to the situation. He was in favor of
moving forward instead of putting it off.
City of Denton City Council Minutes
May 6, 2014
Page 19
Council Member Engelbrecht stated that Council had been given a counter argument and would
now be deciding on the dais instead of discussing the issue at length.
Council Member Hawkins felt that he would like to better understand the agreement and would
like more time for discussion.
Council Member Gregory motioned, Council Member Hawkins seconded to continue the item to
the May 13, 2014 Council meeting. On roll call vote, 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". Mayor Burroughs "nay".
Motion with a 6-1 vote.
Resolution No. R2014-020
D. 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 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)
Brian Lockley, Director of Planning and Development, presented the details of the proposal. The
request was to accept a petition to annex property in Denton County north of Mingo Road. He
reviewed the future land use map and the annexation process. This request would be to initiate
the process for annexation. He reviewed the process involved to officially annex the property
and presented the advantages and disadvantages for the annexation. The Development Review
Committee recommended approvaL If approved, staff would begin the annexation process. No
special called council meeting would be needed for the annexation.
Mayor Burroughs stated that he had made prior requests when annexing property that the
Council consider the proper zoning for the property if it was consistent with surrounding
property instead of the default zoning that currently was assigned. He would like that considered
for this proposed annexation.
Mayor Pro Tem Kamp motioned, Council Member Roden 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.
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
City of Denton City Council Minutes
May 6, 2014
Page 20
Conservation District. On April 14, 2014, the Historic Landmark Commission
denied the request (8-0).
Nana Appiah, Planning Supervisor, presented the details of the request which was an appeal of a
denial of the Historic Landmark Commission to accept previously installed windows, flagstone
on the floor of the front porch and 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 was
located in the Bell Avenue Conservation District. He reviewed the location map the boundaries
of the Bell Avenue Conservation District and background and history of the property.
Council and staff discussed the time line for repairs to the house, a list of modifications that were
supposedly approved by the homeowners, errors made by both staff and the homeowner and
whether the changes done would have a different effect if not in a historic conservation district.
Council Member Gregory stated that on April S�h an incorrect permit was issued for the removal
of a structure on the property, on Apri124�h staff issued a wrong permit for windows and on April
24�h a stop work order was also issued for the windows.
Appiah replied correct that the stop work order was issued the same day because work was
started before the permits were picked up. They were informed by phone that the permit was
approved and started work before actually getting the permit.
Mayor Burroughs noted that Speaker Cards had been submitted for this item.
Richard Hayes, representing the property owners, spoke in favor.
Council discussed with Mr. Hayes the issues of missed steps in the process, standards for the
neighborhood, and who performed the work at the house in terms of volunteers versus paid
contractors.
Mayor Burroughs felt there were two issues. One was the appropriateness of the changes and
whether they adversely affected the character of neighborhood. Whether the changes indicated
were appropriate or not. The second issue was the process and defending the process and not
establishing a precedent. There were points on whether the changes were appropriate or not as
far as consistent with character of the neighborhood. The question was how to defend the
processes when they were not regarded when started.
Hayes stated that the home was purchased to donate it to the Church. The errors were not
malicious. The porch was a good faith misunderstanding and the windows were a contractor
error. He hoped that if a mistake was made and a Certificate of Appropriateness was not received
in advance, that it was not a death penalty.
Council Member Gregory asked if there was a resolution to the situation. One side wanted to
change everything back and one side wanted to not change anything.
Hayes stated that they would change the window trim color, move the fence or take off the
flagstone if needed.
City of Denton City Council Minutes
May 6, 2014
Page 21
Ernie Stripling, 1815 N. Bell, Denton, 76209, spoke in opposition.
Angela Stripling, 1815 N. Bell, Denton, 76209, spoke in opposition.
Rev. Kyle Walterscheid, 2105 Del Mar, Denton, 76210, spoke in support.
Council discussed with Rev. Walterscheid how to restore good faith with the neighborhood since
these errors had been made
The following individuals spoke in support of the proposal:
Beth Peyton, 4700 Argyle Lane, Argyle, 76226
Jacqueline Burkepile, 2912 Newport Ave, Denton, 76209
Matthew Burkepile, 2912 Newport Ave., Denton, 76209
Edgar Sprinkle, 2017 Mistywood, Denton, 76209
Emilio Gonzales, 2205 Mitchell, Krum, 76249
Sarah Suadelknka, 208 Brook Circle, Krum, 76249
Rodney Hess, 3523 Cooper Creek, Denton, 76208
Bettye Myers, 2913 Croydon, Denton, 76209
Deb Conte, 2106 N. Bell, Denton, 76209 spoke in opposition.
Council discussed with Ms. Conte the summary provided with points of agreement, flagstone
versus brick or concrete porches, the ramifications of not following the procedures outlined in
obtaining a Certificate of Appropriateness, position of the fence and gate, the painting of the
chimney, and the size and number of the windows
Raymond Sedge, 836 Sandpiper, Denton, 76205, spoke in support.
Comment cards were received from the following:
Trey Alley, 501 Londonderry, Denton — in support
Johnny Guajardo, 2124 Crestmeadow, Denton —in support
Joscelyn Trompter, 909 McCormick, Denton, 76201 — in support
Natalie Paulus, 503 Fulton, Denton, 76201 — in support
Valerie McBride, 1708 Sante Fe Trail, Krum, 76249 — in support
Maria Escobar, 1303Wilderness, Denton, 76205- in support
Lucinda Hess, 3523 Copper Creek, Denton, 76208- in support
Gene Hartman, 818 Stanley, Denton, 76201 — in support
Bailey Chandler, 1711 Emerson, Denton, 76209 — in support
Tammy Metzler, 31 Royal Oaks Circle, Denton, 76210 — in support
James Montfort, 1131 Oakhurst, Denton, 76210 — in support
Gary Hayden, 2106 N. Bell, Denton, 76209 — in support of HLC
Norma and Don Muller, 2601 Sheraton, Denton, 76209 — in support
Lynn Hanson, 2601 Sheraton, Denton, 76209 — in support
Trey Elmore, 201 Inman, Denton, 76205- in support
William Suadlenka, 208 Brook Circle, Krum — in support
City of Denton City Council Minutes
May 6, 2014
Page 22
Greg Paulus, 503 Fulton, Denton, 767201 — in support
Jose Escobar, 1303 Wilderness, Denton, 76205 — in support
Jeff Krueger, 3905 Deer Forest, Denton, 76208 — in support
Emilio Gonzalez, 2205Mitchell, Krum, 75249 — in support
Kevin Kearney, 8713Scarlet Trail, Lantana, 76226 — in support
Bobbie Halpenny, 1816 N. Bell, Denton, 76209 — neutral
Riley Patterson, 2700 Santa Monica, Denton, 76205 — in support
Emily Curran, 3000 Montecito, Denton 76205 — in support
Bret Curran, 3000 Montecito, Denton, 76205 — in support
Natalie Cannon, 909 McCormick, Denton, 76201- in support
Roni Beasley, 3808 Montecito, Denton, 767205 —in support
Council Member Roden stated that the Council was in an odd position as usually a Certificate of
Appropriateness was completed before the work was done. In this case, Council might be asked
to take items away that were done before and had to agree either with the Historic Landmark
Commission or the applicant. He questioned if Council would be able to require a change in the
windows, or move the fence or change the porch.
Burgess stated that the Council's decisions would be framed based on the information before
them. This was an appeal by an applicant and the Council was in the position of granting the
appeal or denying the appeal for each of the items.
Council Member Roden asked if the Council denied the appeal but the goal was to take it a step
further and have some of the work redone, did a denial of the appeal give the authority to force
change of windows or only agreed with the HLC citations.
Burgess stated that there would be a question regarding what kind of enforcement mechanisms
were available to the governing body. The issues pending before Court should not be considered
by Council as that was a different process.
Mayor Burroughs noted that if the appeal was not granted, there were multiple code violations
with daily fines. He questioned if there was a conditional or limited variance approval.
Burgess stated that there was broad ranging authority to grant or deny the appeal or put on
conditions.
Mayor Pro Tem Kamp felt that the Council wanted some sort of compromise. She questioned if
Council had the authority to require a replacement of the windows or the flagstone.
Burgess stated if the Council wanted, it could grant the appeal for some items and deny others
based on the feeling of the Council. Council needed to make a determination on each of the six
items.
Council Member Roden motioned, Mayor Pro Tem Kamp seconded to (1) deny the windows, (2)
deny the flagstone; (3) move the fence back to the existing side, (4) item was already waived so
was ok as is; (5) unclear of painting of chimney so was ok as is, (6) remove the driveway gate.
Items l, 2, 3 and 6 would be denied; Item 4 and 5 would accept the appeal.
City of Denton City Council Minutes
May 6, 2014
Page 23
Mayor Burroughs stated that the fence was moving back to the existing fence so it was more than
a denial. The fence would maintain the placement of the old fence and was going back to the
existing fence more than denial.
Council Member Hawkins motioned, Council Member King seconded to amend the main motion
to replace only three of the windows.
Council discussed the amendment to the motion in terms of the type of windows to use for the
replacement, whether the placement of the fence would impact the number of windows to
replace, whether the windows would be wood or vinyl and the type of glass suggested for the
windows.
On roll vote for the amendment to the motion, Council Member King "aye". Mayor Burroughs
"nay", Mayor Pro Tem Kamp "nay", Council Member Engelbrecht "nay", Council Member
Gregory "nay", Council Member Roden "nay", and Council Member Hawkins "nay". Motion
failed with a 1-6 vote.
Council discussed and clarified that the main motion concerning the fence was to have it moved
only back to the original fence line.
Council Member Engelbrecht stated that he was not in support of the motion concerning the
flagstone. He felt the color scheme of the flagstone fit in the neighborhood as well as brick or
painted concrete.
Council Member Engelbrecht motioned, Council Member King seconded to amend the main
motion to approve the flagstone as currently installed. On roll call vote, Council Member
Engelbrecht "aye", Council Member King "aye", and Council Member Hawkins "aye". Mayor
Burroughs "nay", Mayor Pro Tem Kamp "nay", Council Member Gregory "nay", and Council
Member Roden "nay". Motion failed with a 3-4 vote.
Council Member Engelbrecht motioned, Council Member King seconded to amend the main
motion to allow a drive gate on the south side in front of air conditioner but not at the corner of
the house. On roll call vote, Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye",
Council Member King "aye", and Council Member Hawkins "aye". Mayor Burroughs "nay",
Council Member Gregory "nay", and Council Member Roden "nay". Motion carried with a 4-3
vote.
On roll vote of the main motion as amended, Mayor Burroughs "aye", Mayor Pro Tem Kamp
"aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member
King "aye", and Council Member Roden "aye". Council Member Hawkins "nay". Motion carried
with a 6-1 vote.
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
City of Denton City Council Minutes
May 6, 2014
Page 24
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).
Aimee Bissett, Director of Economic Development, stated that stated that a PID was an
economic tool as part of a package of economic tools for Rayzor Ranch for the south side of the
development. The request had been made by the property owners of Rayzor Ranch. The
recommendation was to table this item until Council could consider the 380 agreement.
The Mayor opened the public hearing.
Council Member Engelbrecht questioned if the public hearing would be closed or continued to
the next meeting.
City Manager Campbell stated that unless there were questions for next week, the public hearing
could be closed and the consideration of the tabled ordinance could continue. However, if the
Council desired, the public hearing could continue until the next meeting.
Council Member Gregory suggested closing the public hearing and postponing a decision until
the next meeting. The item then would be considered under Items for Individual Consideration
and the public could complete a Speaker Card if comments were requested.
The Mayor closed public hearing
Council Member Engelbrecht motioned, Mayor Pro Tem Kamp seconded to continue the item to
the May 13, 2014 Council meeting. 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. 2014-139
B. Hold a public hearing and consider adoption of an ordinance 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. (DCA 14-0002, Floor Area ratio in Industrial Center General)
Brian Lockley, Director of Planning and Development, stated that this amendment to the Denton
Development Code was related to the maximum floor area ratio in the Industrial Center General
zoning district. The change would be from 0.4 to 2.0 and did not regulate the building height
setback of lot coverage. It was felt that the current standard was a barrier to development in this
zoning district. He reviewed the analysis showing that the amendment was appropriate with the
Development Code standards. This amendment would only affect the IC-G zoning district. The
City of Denton City Council Minutes
May 6, 2014
Page 25
Development Review Committee and the Planning and Zoning Commission recommend
approval
Mayor opened the public hearing.
No one spoke during the public hearing.
Mayor close the public hearing
Council Member Engelbrecht motioned, Council Member Gregory 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. 2014-140
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 providing for a
penalty in the maximum amount of $2,000.00 for violations, thereof, severability
and an effective date. (S 14-0002, Hickory Creek Detention Facility) The Planning
and Zoning Commission recommends approval (7-0).
Brian Lockley, Director of Planning and Development, stated that the proposed specific use
permit would allow for a wet weather pump station to be located in a neighborhood residential
zoning district. He reviewed the zoning map, current zoning, future land use and public
notification map.
PS Arora, Wastewater Division Manager, stated that the project was the Hickory Creek
Interceptor project which was a wet weather retention center with pump stations. The tanks
would not be visible from adjacent roadways or neighboring subdivisions.
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 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.
City of Denton City Council Minutes
May 6, 2014
Page 26
Ordinance No. 2014-141
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
supermajority vote by Council is required for approval.
Brain Lockley, Director of Planning and Development, presented the details of the project. He
reviewed the location of the property, current zoning, FEMA floodplain map and the concept
plan. The applicant was proposed to reclaim the floodplain with fill material. A neighborhood
meeting was held with concerns expressed regarding potential flooding of home sites which had
been an issue in the past, traffic circulation particularly with regards to access to the site from
both Spring Valley and University Drive, zoning of site and associated permitted uses, effect that
future development of the site might have on neighborhood property values. The criteria of
alternative environmental sensitive area was reviewed. The Planning and Zoning Commission
recommended denial as did the Development Review Committee.
Council Member Engelbrecht questioned if the zoning was compatible with the surrounding
area.
Lockley stated that staff was trying to find the most suitable development and possibly rezone
the property
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Lee Allison, representing the developer, spoke in favor
John Burnett, no address given, opposed
Ryan Irick, 1900 Spring Valley, Denton, 76209 — opposed
Tony Volner, 3107 Twilight Drive, Denton, 76208 — opposed
Julie Howell, 3102 Twilight, Denton, 76208 - opposed
Helen Reed, Twilight Drive, Denton, 76208 — opposed
The Mayor closed the public hearing.
Mr. Allison was allowed a five minute rebuttal. He stated that the request was for a variance for
a fill request and not to deal with land use. The property was already zoned.
Council Member Engelbrecht suggested considering a more extensive discussion regarding what
ECI was and what would be possible for development. Another neighborhood meeting might be
good before consideration.
City of Denton City Council Minutes
May 6, 2014
Page 27
Council Member King stated that the proposal was not changing the zoning but rather reclaiming
a small portion of the property.
Council discussed the provisions of the proposal, the reclaiming of the property, appropriate
zoning, and protection of the neighborhood.
Council Member Gregory 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 Roden "aye", and
Council Member Hawkins "aye". Council Member King "nay". Motion carried with a 6-1 vote.
8. CITIZEN REPORTS
There were no citizen reports for this section of the meeting.
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.
There were no items presented by Council.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
With no further business, the meeting was adjourned at 2:20 a.m.
MARK A. BURROUGHS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCII, MINUTES
May 13, 2014
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 13, 2014 at 2:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Council Member King, Council Member Roden, and Council Member Hawkins.
ABSENT: Mayor Pro Tem Kamp
l. Receive a report, hold a discussion, and give staff direction regarding a Reimbursement
Agreement with Westray Group, LP for public infrastructure improvements in Tax
Increment Reinvestment Zone Number Two.
Aimee Bissett, Economic Development Director, presented the details of the item. She indicated
that this was the reimbursement agreement for the Westpark Reinvestment Zone. The Zone was
located near the Denton Airport and was mainly industrial in nature. Staff had been in
discussions with Rayzor Investments for the public infrastructure improvements.
Basic terms of the agreement - a project plan and finance plan for the TIRZ had to be completed.
A feasibility study was done to look at the financial forecasts for viability. General terms of the
agreement included the parties to the agreement would include the TIIZZ Board, City Council
and Westray Group. The project would involve three phases. Phase 1 would cost approximately
$5.1 million plus interest and had to be completed within 24 months of the agreement. There
was an option to construct Phases 2-3.
Phase 1 improvements included (1) two additional lanes on Western Blvd., (2) associated
drainage improvements, (3) an 8" sewer line along Western Blvd., (4) a 6" water line along
Western from Airport to Highway 380, (5) landscaping for right-of-way on Western, (6) traffic
signals at Western and Highway 380; Jim Christal and Western; Western and Airport Road.
There also was an option for the extension of a low or high pressure gas pipeline as necessary.
The Reimbursement process included the following steps (1) Westray receives a Certificate of
Completion of Public Improvements for Phase l, (2) Westray submits project costs to the City
for verification and approval, (3) interest accrues at 5% annually, (4) the County will not
participate in interest reimbursement (5) the TIF fund would be 40% contribution from the City
and County, (6) the funds would be deposited annually into a separate account and (7)
disbursements would be made bi-annually.
The order of reimbursement included (1) debt on TIIZZ bonds, (2) pre-TIIZZ administrative costs,
(3) ongoing administrative costs, (4) Westray pre-development costs, (5) verified project costs,
(6) interest on verified project costs and (7) additional improvements. In the future, the City
may, but is not obligated, to issue TIRZ bonds if all necessary criteria were met to protect the
city and service the debt.
Following the completion of the 2nd Tuesday Session, the City Council convened in a Special
Called Session.
Resolution No. R2014-021
City of Denton City Council Minutes
May 13, 2014
Page 2
l. Consider approval of a resolution by the City of Denton, Texas denying an increase in rates
requested by ATMOS Energy Corporation - Midtex Division, submitted on or about February
28, 2014 under the rate review mechanism; finding ATMOS' request unreasonable; directing
ATMOS Energy to reimburse the City's rate-case expenses; authorizing the City's
participation in appeals ATMOS may take denying its requested increase; requiring delivery
of the resolution to the company and the City's special counsel; finding that the meeting
complied with the Open Meetings Act; making other findings and provisions related to the
subject; and declaring an effective date.
City Manager Campbell stated that the recommendation was to deny the increase as had been
done in the past. ATMOS could then appeal to Railroad Commission.
Council Member Engelbrecht motioned, Council Member Roden seconded to approve the
resolution as presented by staf£ On roll call vote, Mayor Burroughs "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.
Council Member Roden suggested developing a response plan to citizen questions regarding the
rate increase.
Ordinance No, 2014-142
2. Consider adoption of an ordinance of the City of Denton, Texas approving a Reimbursement
Agreement between the City of Denton, the Board of Directors of the Tax Increment
Reinvestment Zone Number Two, City of Denton, Texas, and Westray Group, LP.
Aimee Bissett, Director of Economic Development, stated that under the terms of this agreement,
improvements would be split into three phases. Westray Group would be required to construct
Phase I improvements within 24 months of execution of the agreement for a total of
approximately $5.1 million in improvements on and along Western Blvd. Per the original
proposal and Project Plan, Westray Group would be eligible for reimbursement of interest at a
5% interest rate. The agreement also provided an option to construct Phases II and III.
However, it also gave the City the option to enter into reimbursement agreements with other
parties to accomplish Phases II and III should Westray Group opt not to construct future phases.
Council Member Hawkins motioned, Council Member Gregory seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "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. 2014-143
3. 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 Minutes
May 13, 2014
Page 3
Aimee Bissett, Director of Economic Development, presented information on Items 3-5.
Item #3 was a request by RED Development for a second amendment to the Rayzor Ranch
agreement. No terms had changed since last meeting, however, there were two options provided
in terms of the Golden Triangle Mall. Option #2 removed the sunset provisions regulating the
Golden Triangle Mall. A modification had been made to the agreement when a discrepancy was
discovered between the 380 agreement and the PID resolution. The issue had been resolved with
the developer and bond counsel. Exhibit A of the agreement stated that the amounts levied and
collected through PID assessments by the City for eligible improvements defined by Table A-1
would be considered reimbursable costs so long as the amounts levied and collected through PID
assessments were deducted from the categories in Table A-1 and so long as the subtotal of
$62,000,000 was not exceeded. Another element was TxDOT improvements that would be
included in Table A-2.
Council discussed the provisions of the PID and agreement and making the PID resolution
consistent with the grant agreement. They also discussed the sunset provisions relative to the
Golden Triangle Mall and the collection of sales tax relative to former Mall tenants.
Bissett stated that Items #4 -#5 were related to the establishment of a PID district on the south
side. #4 approved a Memorandum of Understanding between the City and developer that
memorialized the term sheet and the conditions for the Rayzor Ranch PID. The term sheet had
an exhibit that defined the boundaries of the PID which was a visual representation of the PID
and not a legal description. Item #5 established the PID. The 380 agreement was updated to
include the TxDOT improvements. However, there was a resolution for consideration both with
and without the TxDOT improvements. Staff was asking Council to consider the resolution with
the TxDOT improvements included.
Council Member Roden stated that this did not create a special taxing district and asked how it
was different.
Bissett stated that a PID was not a special taxing district. It levied an assessment against the
property owner and that was used as a financing tool for the PID.
Mayor Burroughs stated that one chief concern about the districts in the County was the lack of
general infrastructure around them and the sustainability of that infrastructure. The special taxing
district was basically a residential expansion tool with few standards to avoid the provisions
required by cities.
Council Member Engelbrecht stated that he had expressed a prior concern for Table A2 dealing
with I35 ramp reimbursement funds. He questioned if A2, Item 3 was only being done under the
assumption that the PID would be approved with this change. If it was a potential, he suggested
leaving it out and only putting it in when necessary.
Bissett stated that potentially it could be done but it was helpful for the developer that they had a
reimbursement potential.
Council Member Engelbrecht stated that he would like to see the potential footprint before the
potential payments and that the City was receiving requests for additional payments when the
City of Denton City Council Minutes
May 13, 2014
Page 4
footprint appeared to be shrinking. By tying them both together he would not be in favor of #3
and could not vote for #5 either. He was in favor of the other issues but not the TxDOT
provisions. In the event that it was necessary, it could be discussed at a later date.
Council Member Roden asked if from the PID perspective, was I35 the only item Council
Member Engelbrecht was concerned with. He felt it was in the City's interest and developer's
interest to help shape the direction of the expansion for easy access to the project.
Council Member Engelbrecht stated that his concern was that this was another request for the
City to give up something when it appeared that the footprint on the south side was shrinking
rather than increasing. The multi-family portion of the development had decreased. In addition,
the City had spent a lot of money for the fence for the substation to conform to the design of the
development. He saw continued requests for the City to give up something at same time the
footprint was shrinking. There was also the issue of two anchor stores which now had been
reduced to one. He wanted to wait and see performance rather than consider the TxDOT
amendment.
Council Member Gregory questioned if the $3 million for the ramps might happen from the 380
agreement or the PID.
Bissett stated that it would eligible from either the 380 agreement or the PID. The eligibility
would be determined based on actual expenditures and who was benefiting from the
improvements.
Council Member Gregory asked if it could come from the 380 agreement for the $3 million and
not get sales tax.
Bissett stated that under the 380 agreement it would be sales tax revenue and would get rebate
from that sales tax.
Council Member Gregory stated that he would be bothered if sales tax for the City went to
reimburse the developer for payments to TxDOT to move the ramps and then the developer sold
the land to TxDOT and pocketed the money. He understood that there might be an agreement
where the developer wanted the ramp in another location and a possible trading of land would be
acceptable.
Bissett stated that there was a potential for a trade and felt that it might not be at the discretion of
TxDOT.
Council Member Gregory stated that he would be comfortable if the $3 million was through a
PID as the property owners which was the developer would be paying. He was reluctant if it was
coming from the 380 agreement.
The following individuals spoke on the item:
Gar Herring, 5710 LBJ Freeway, Dallas, 75240 - in support of Option #2 for Item 3 as it
would create a level playing field with Rayzor Ranch.
Jim Greenfield, 2201 S. I35, Denton, 76205 - was in favor of Option 2
City of Denton City Council Minutes
May 13, 2014
Page 5
Matt Ludemann, 2201 S. I35, Denton, 76205 - in favor of Option 2
Council Member Hawkins stated that when an anchor went dark, there might be a co-lease.
Ludemann stated that each lease had co-tenancy which related to an anchor and shop space
between anchors. A comparable type anchor had to be replaced or the lease could be terminated.
Scott Wagner, 1 E. Washington, Phoenix, 85004 — spoke in support. He explained the
reasons for the requested revisions.
Mayor Burroughs stated some reasons for a move would suggest unless a store could relocate to
a larger location, the store could go dark There was no way to predict that. He looked at it in
general terms in order for the company to make a profit. The protected device was to not make a
choice between one project over another. The greenfield always had an advantage over the
established development.
Mayor Burroughs asked Council Member Engelbrecht about his statement of the footprint
shrinkage.
Council Member Engelbrecht stated it was the south side of Rayzor Ranch. The earlier footprint
suggested larger anchor stores and when those went away, there was a risk to take the smaller
stores away also. He felt it was time to see what the project was made of before giving more
concessions.
Council discussed the pros and cons of the two options and how they affected the proposed
development.
Council Member King stated that he liked the second option for #3 as it provided protection for
both locations.
Council Member King motioned to adopt the ordinance with Option #2. Council Member
Hawkins seconded and both King and Hawkins accepted Exhibit A as distributed in the meeting.
Council Member Engelbrecht stated that he was in favor of Option 2 in regards to the Mall but
was not in favor of the other provisions until he saw further quality of the development.
On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "nay", Council Member
Gregory "aye", Council Member King "aye", Council Member Roden "aye", and Council
Member Hawkins "aye". Motion carried with a 5-1 vote.
Ordinance No. 2014-144
4. Consider adoption of an ordinance of the City of Denton, Texas approving a Memorandum
of Understanding regarding terms and conditions for the Rayzor Ranch Public Improvement
District No. l, and providing an effective date.
Council Member Roden motioned, Council Member King seconded to adopt the ordinance. On
roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "nay", Council Member
City of Denton City Council Minutes
May 13, 2014
Page 6
Gregory "aye", Council Member King "aye", Council Member Roden "aye", and Council
Member Hawkins "aye". Motion carried with a 5-1 vote.
Resolution No. R2014-022
5. 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).
Council Member Roden motioned, Council Member Gregory seconded to approve the
resolution. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "nay",
Council Member Gregory "aye", Council Member King "aye", Council Member Roden "aye",
and Council Member Hawkins "aye". Motion carried with a 5-1 vote.
Ordinance No. 2014-145
6. Hold a public hearing and consider adoption of an ordinance granting approval, in
accordance with Chapter 26 of the Texas Parks and Wildlife Code, of the non-park use of a
part of Spc. Ernest W. Dallas Jr. Veterans Memorial Park for the purpose of installing and
maintaining a sanitary sewer line for the Classic Used Cars of Denton Project; providing for
a notice by the city of Denton, Texas of non-park use for installation and maintenance of
sanitary sewer line and reservation of easement in the event of sale of park; and providing
an effective date. The Parks, Recreation and Beautification Board recommends approval (6-
0).
Jim Mays, Parks Superintendent, presented the details of the proposal. He indicated that Chapter
26 of the Texas Parks and Wildlife Code required a public hearing if a portion of park property
was going to be used for a non-park use. The requested purpose would be for installing and
maintaining a sanitary sewer line to be able to connect to the existing sewer main.
Council Member Gregory asked if the sewer line would be underground.
Mays replied correct.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Gregory motioned, Council Member Engelbrecht seconded to adopt the
ordinance. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye",
City of Denton City Council Minutes
May 13, 2014
Page 7
Council Member Gregory "aye", Council Member King "aye", Council Member Roden "aye",
and Council Member Hawkins "aye". Motion carried unanimously.
7. 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 noted by Council.
Following the completion of the Special Called Session, the City Council convened in a Special
Called Closed Meeting to consider the items listed below under the Closed Meeting section of
this agenda.
l. Closed Meeting
A. 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 further competitive public power, financial and commercial
information from Denton Municipal Electric ("DME") staff regarding the
procurement, acquisition, integration and implementation of ERCOT Shadow
Settlement Software in its Energy Management Organization 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 Organization of the Power Supply Administration of
DME; discuss, deliberate, provide staff with direction, consider and take final
action on the Master Customer Agreement and any and all ancillary
Agreements pertaining thereto. 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; Consider an ordinance of the City Council of the City of
Denton, Texas providing for, authorizing, and approving the execution by the
City of Denton City Council Minutes
May 13, 2014
Page 8
City Manager of a"Master Customer Agreement" by and between the City of
Denton, Texas and Ventyx, Inc., a Delaware Corporation, further authorizing
and approving the execution of such other ancillary and related documents,
including without limitation, licensing agreements and statements of work
related to the Master Customer Agreement by the City Manager or his
designee, which are incident or related thereto; confirming and ratifying that
the City of Denton, Texas, its Mayor, its City Council members, its City
Manager, its City Attorney, and their respective designees, shall be
authorized and empowered to perform such acts and obligations as are
reasonably required to complete and consummate this transaction; ratifying
and confirming all prior actions taken by the City Council in furtherance of
this procurement; and determining that said agreements pertain to a
"Competitive Electric Matter" as set forth under the provisions of §§551.086
and 552.133 of the Texas Government Code, as amended; finding and
determining that the approval of this transaction in a closed meeting of the
City Council is further authorized under Texas law; finding and determining
that Texas Government Code, Section 252.022(a)(7)(A) applies to the
purchase of items that are available from only one source because of patents,
copyrights and secret processes; and Section 252.022(c) of the Texas
Government Code making it exempt from the Texas competitive bidding
statutes; adopting significant recitations, findings and conclusions, as are set
forth in the preamble of this ordinance; finding that the matter of approval of
the Master Customer Agreement was posted as required by law and was duly
considered in a closed meeting of the City Council on the 13th day of May,
2014, by a quorum of the Denton City Council and was duly approved by a
vote taken in said closed meeting; providing that upon approval of the
Ordinance, Master Customer Agreement and any and all ancillary
agreements, by the City Council that the City Secretary is hereby authorized
and directed to seal the said documents as Public Power documents, as
provided by applicable Texas law; that this procurement is in the public
welfare and is in the best interests of the ratepayers of Denton Municipal
Electric; authorizing the expenditure of funds therefor; providing an effective
date. The Public Utilities Board recommended approval by a vote of 6-0 on
May 5, 2014.
This item was not considered.
B. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with and provide direction to City's attorneys regarding legal issues
and strategies associated with 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.
City of Denton City Council Minutes
May 13, 2014
Page 9
With no further business, the Council returned to Open Session and adjourned the meeting.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCII, MINUTES
May 20, 2014
The City of Denton City Council convened in the Work Session Room on Tuesday, May 20,
2014 at 5:30 p.m. to attend a reception honoring City Council.
After determining that a quorum was present, the City Council convened in a Regular Meeting
on Tuesday, May 20, 2014 at 6:30 p.m. in the Council Chambers at City Hall.
PRESENT: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Council Member King, and Council Member Hawkins.
ABSENT: Mayor Pro Tem Kamp; Council Member Roden
Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
Ordinance 2014-146
2. Consider adoption of an ordinance canvassing the returns and declaring the results of the
Regular Municipal Election to elect two City Council Members to Places 5 and 6 and a
Mayor to Place 7 held in the city of Denton on May 10, 2014; and providing an effective
date.
City Secretary Walters presented the total number of ballots cast in the Regular Municipal
Election; the total number of votes cast for each candidate and indicated that if Council approved
the ordinance the following candidates would be declared winners: Place 5— Dalton Gregory;
Place 6— Greg Johnson; and Mayor — Chris Watts.
Council Member King motioned, Council Member Engelbrecht seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member
Gregory "aye", Council Member King "aye", and Council Member Hawkins "aye". Motion
carried unanimously.
Ordinance No. 2014-147
3. Consider adoption of an ordinance canvassing the returns and declaring the results of the
Special Municipal Election to elect one City Council Member to District 2 of the City
Council of the City of Denton, Texas held in the city of Denton on May 10, 2014; and
providing an effective date.
City Secretary Walters presented the total number of ballots cast in the Special Municipal
Election, the total number of votes cast for each candidate and indicated that if Council approved
the ordinance the following candidate would be declared winner: District 2— John Ryan.
Council Member Gregory motioned, Council Member Hawkins seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member
Gregory "aye", Council Member King "aye", and Council Member Hawkins "aye". Motion
carried unanimously.
City of Denton City Council Minutes
May 20, 2014
Page 2
4. Oath of Office administered to newly elected Council Members.
City Secretary Walters administered the Oath of Office to Dalton Gregory — Place 5; Greg
Johnson — Place 6, Chris Watts — Mayor and John Ryan — District 2.
Mayor Watts presented a Certificate of Election to the newly elected council members.
5. Election of Mayor Pro Tem.
Council Member Gregory motioned, Council Member Hawkins seconded to postpone this item
to the June 3, 2014 meeting when there would be a full council present. On roll call vote, Mayor
Watts "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council
Member Johnson "aye", Council Member Hawkins "aye" and Council Member Ryan "aye".
Motion carried unanimously.
6. Resolution of Appreciation for Mark Burroughs, Pete Kamp and James King.
Mayor Watts presented a Resolution of Appreciation for Pete Kamp.
Council Member Gregory motioned, Council Member Hawkins seconded to approve the
resolution. On roll call vote, Mayor Watts "aye", Council Member Engelbrecht "aye", Council
Member Gregory "aye", Council Member Johnson "aye", Council Member Hawkins "aye" and
Council Member Ryan "aye". Motion carried unanimously.
Mayor Watts presented a Resolution of Appreciation for James King.
Council Member Johnson motioned, Council Member Gregory seconded to approve the
resolution. On roll call vote, Mayor Watts "aye", Council Member Engelbrecht "aye", Council
Member Gregory "aye", Council Member Johnson "aye", Council Member Hawkins "aye" and
Council Member Ryan "aye". Motion carried unanimously.
Mayor Watts presented a Resolution of Appreciation for Mark Burroughs. Council Member
Gregory motioned, Council Member Johnson seconded to approve the resolution. On roll call
vote, Mayor Watts "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye",
Council Member Johnson "aye", Council Member Hawkins "aye" and Council Member Ryan
"aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 7:20 p.m.
CHRIS WATTS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0251, Version: 1
Agenda Information Sheet
DEPARTMENT: Engineering Services
CM/ ACM:
Date:
Jon Fortune
June 17, 2014
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 1.398 acre tract; and (ii) slope easement, encumbering a 0.151
acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway;
generally located in the 1300 block of North Mayhill Road, each affected tract located in the M.E.P. & P.R.R.
Company Survey, Abstract No. 1469, City of Denton, Denton County, Texas, as more particularly described on
"Exhibit "A", attached to the ordinance and made a part thereof, (collectively the "Property Interests")
authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests;
authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an
effective date. (Mayhill Road Widening and Improvements project: Parcel M026 - Habib Pyarali Arab)
BACKGROUND
Ongoing negotiations with the affected property owner for the subject land rights necessary for the Mayhill
Road Widening and Improvements have reached an impasse.
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)
None
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a combination of Regional
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0251, Version: 1
Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP `08) funds and
City of Denton local match funds. The overall costs for the Property Interests sought, as to be determined via
eminent domain proceedings, are to be funded through a combination of these funding sources.
EXHIBITS
l. Location Map
2. Ordinance (Agreement attached)
Respectfully submitted:
John T. Davis, P.E.
Director, Engineering Services
Prepared by:
LuAnne Oldham
Real Estate Specialist
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
�ocation Map ARAB — Parcel M026
EXHIBIT 1 Attachment to AIS Mayhill Road Widening and Improvements
EXHIBIT 2 Attachment to AIS
s:\legal\our documents\ordinances\14\arab ed ordinance.docx
ORDINANC� NO.
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE THROUGH THE EXERCISE OI' THE RIGHT OF EMINENT DOMAIN (I) FEE
SIMPLE TO A 1.398 ACRE TRACT; AND (II) A SLOPE EASEM�NT, ENCUMBERING A
0.151 ACRE TRACT, FOR THE PUBLIC USE OF �XPANDING AND IMPROVING
MAYHILL ROAD, A MUNiCIPAL STREET AND ROADWAY; GENERALLY LOCATED
IN THE 1300 BLOCK OF NORTH MAYHILL ROAD, EACH AFFECTED TRACT
LOCATED IN THE M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT NO. 1469, CITY OF
DENTON, DENTON COUNTY, TEXAS, AS MOR� PARTICULARLY DESCRIBED ON
"EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, (COLL�CTIV�LY
THE "PROPERTY INTERESTS") AUTHORIZING THE FILING AND PROSECUTION OF
EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTERESTS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; MAKING FINDINGS;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas (the "City") has initiated the widening and
expansion of Mayhill Road 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 City made a written Initial Offer (herein so called) to Habib Pyarali
Arab, the owner of the Property Interests ("Owner") on January 27, 2014;
WHEREAS, the City provided to the Owner of the Property Interests at the time of
presenting the Initial Offer, by certified mail, return receipt requested, all appraisal reports
produced or acquired by the City relating specifically to the Owner's property prepared in the ten
(10) years preceding the date of the Initial Offer;
WHEREAS, the Initial Offer made by the City to the Owner of the Property Interests did
not include a confidentiality provision and further informed the Owner of the Property Interests
that such Owner had the right to (i) discuss any offer or agreetnent regarding 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 City made a written Final Offer (herein so called) to the Owner of the
Property Interests on April 17, 2014, said date being after the thirtieth (30`�') day after the date on
which the City made the Initial Offer to the Owner of the Property Interests;
WHEREAS, along with such Final Offer, the Owner of the Property Interests was
provided a written appraisal from a certified appraiser of the value of the Property Interests and
the damages, if any, to any of the Owner's remaining property;
WHEREAS, the Final Offer made to the Owner of the Property Interests was equal to or
greater than tile amount of the written appraisal obtained by the City;
WHEREAS, the Final Offer made to the Owner of the Property Interests included (i) a
copy of the written appraisal; (ii) copies of the (a) Special Warranty Deed; and (b) Slope
Easement, all being the instruments proposed to convey the Property Interests sought to be
acquired by the City; (iii) the Landowner's Bill of Rights statement prescribed by Section
21.O112 of the Texas Property Code; and (iv) the Non Confidential Notice;
WHEREAS, the City provided the Owner of the Property Interests at least fourteen (14)
days to respond to the Final Offer and the 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 o� 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 tl�at the City of Denton, Texas authorize the use of the power of
eminent domain to acquire (i) fee simple to a 1.398 acre tract; and (ii) slope easement,
encumbering a 0.151 acre tract, for the public use of expanding and improving Mayhill Road, a
municipal street and roadway; generally located in the 1400 block of North Mayhill Road, each
affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469, 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 of expanding and improving Mayhill Road, a municipal street and roadway in the City
of Denton, Texas"; and
WHEREAS, after due consideration of the public interests to be furthered by the public
use of expanding and improving Mayhill Road, a municipal street and roadway.
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. 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 1.398 acre tract; and (ii) slope easement, encumbering a 0.151 acre tract, for the
public use of expanding and improving Mayhill Road, a municipal street and roadway; generally
located in the 1400 block of North Mayhill Road, each affected tract located in the M.E.P. &
P.R.R. Company Survey, Abstract No. 1469, City of Denton, Denton County, Texas, as more
particularly described on "Exhibit "A" attached hereto and made a part hereof, by refererlce.
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 iiling and prosecution of
eminent domain proceedings by the City of Denton, Texas to acquire the Property Interests.
SECTION 3. The City Council hereby finds that the Owner was the record title o�mer of
said Property Interests at the time of making the Initial Offer and Final Offer. Without limiting
the general authorization provided in Section 2, above, the City Council further authorizes
joinder of additional or differing owner or owners, or claimant or claimants, of the Property
Interests, if applicable, in the eminent domain proceedings, and to condemn the interests of each
such parties to acquire the Property Interests.
SECTION 4. The City Manager, or his designee, shall have the authority to do all things
necessary or appropriate to acquire the Property Interests by eminent domain, including without
limitation, the authority to expend funds related to the prosecution of such eminent doinain
proceedings.
SECTION 5. The recitals provided in this Ordinance, as set forth above, are specifically
and expressly adopted by the Council as express findings by the Council.
SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 7. This ordinance shall becorne effective immediately upon its passage and
approval.
PASSED AND APPROVED this the __ day of , 2014.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
EXHIBIT "A" - to Ordinance (Property interests)
�
� ��, rthur �urve in Co., I �c.
� ,, Y �
�?'r��"ess�dz�a.d ��ci S:�s�r�,�ca.a-s
P.O. Bo� 54 -- Levvisville, Tetias 7506'7
Ol:licc: <972) 221-9439 -- Pa�: <9'72) 221-467�
�XHII3IT "A"
MA'�'%�ILL �.OAD
PA.RCEL M02G
A.39� �.e�-es
Cii-y of I)enton, �euton Co�anty, T�acas
BEiNG all that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract 1`TUmber
1469, City of Denton, Denton County, TeYas, and bein� part of diat certain ti•act of land descriUed by deed to Habib
Pyarali Arab, recorded Volume 4634, Pa�e 2260, Deed Records, Denton County, Texas (D.R.D.C.T.), and bein;
more particularly described as follows:
BEGINNING at a"PK" Nail set in Mayhill Road for lt�e most easterly northeast corner of said Arab t�•act and the
southeast corner of a n-aci of la�1d described by deed to Garl Ed���ards and wife, Ruth �d���ards, recorded in Volutne
1546, Page 775, D.R.D.C.T.;
THENCE South 02 degrees 40 minutes 25 seconds West, with the east line of said Arab trac� and with Mayhill
Road, a distance of 599.94 feet to a"PK" Nail set for the southeast conier of said AraU tract and the notTheast corner
of a tc•act of land descriUed by deed to Ken Hodgc and Associates, recorded in Volu�ne 2321, Page 939, D.R.D.C.T.;
THENCE North 88 deQT-ees 39 minutes 45 seconds West, ���ith the south line of said Arab tract and the north line of
said Hodge tract, a distauce of 119.09 feet to a 1/2 incl� iron rod �vith yellow cap stamped "�-tl�iu� Surveying
Company" (ASC) set for coruer;
THENCE North 03 de�rees 22 minutes �4 seconds East, over and across said Arab tract, a distance of 1G6.98 feet
to a 1/2 inch iron rod �vith yellow cap stamped "ASC" set for the begi�uling of a curve to the ri�ht, having a radius of
12G7.S0 feet;
TH�NCE over and across said Arab tract, with said curve to the right; tlu-ou�h a cenh�al an�le of 06 de�-ees 54
minutes 12 seconds, whose chord bears North 06 degrees 50 miuutes 00 seco��ds East at 152.62 feet, an a��c length of
152.72 fcet to a 1/2 uich iron rod with yellow cap stamped "ASC�' set for comer;
THEI�CE North 10 de�rees 17 minutes 07 seconds Bast, over and across said Arab tract; a distance of 232.�8 feet
to a 1/2 inch iron rod with yellow cap stamped "ASC�' set for the begnming of a curve to the left; havin� a radius of
1132.50 feet;
THENCE over and across said Arab tract, witl� said curve to the left, tlu•ou�h a central an�le of Ol de�•ees �4
minutes 52 seconds, whose chord bears Noi�th 09 de�rees 19 minutes 41 seconds East at 37.84 feet, an arc len�tli of
37.84 feet to a I/2 inch iron rod with yellow cap stamped "ASC' set for corner in a north line of said Arab tract and
the south line of said I:dwards tract;
THENCE North 80 de;rzes 18 minutes 15 seconds East, wit11 a north line of said Arab tract and the south Il�le of
said Edt�-ax•ds t�•act, passing a 1/2 inch iron rod found at 41.44 feet, continuing on for a total distance of 72.42 feet to
the POINT OF BEGINNING and containina I.398 acres of land; of which 0.364 acre lies within existina Mayl�ili
Road. v �
ctio�t�i-�s
Parcel MU26
���e� � rp�:
;; � �°���E ;'�r� M`e
�v�^��.��..f,-�+
�f� �� A��tss o.`�
�t4� � . Y:
���� u �1 ��� ��..
�
�
�
r'
, ���� 1 1' � , ��
� �1 I ��pti(
��
d �,��
I�
EXHIBIT "A" - to Ordinance (Property interests)
Earl Edwards &
wife, Ruth Edwards
VoL 1546, Pg. 775 �
I R=] 132.50' I�37.84' N8�o i 8' 15"E
i �=01°54'S2" ,^�
�Cbd.=N09°194I"E 37.84' I.R.S•
I.R.F.� � S �'18,9� w ~
194• ,,, „
_ f ` ll '. _F.
I.R.F. �-- at°4a�e �
(C.M.) _ _ ._-.� .� 4 ��' �
O�" 47"W � b e �6 �
$8626,59 �'
�
���� h '6
Ng
n' 0
��
o^' @
o'
�
�
1
�y l. R. S.
N b
n
h � 8
,� '-`V� W
� o � �
b �
n I�j b'
���
u '�. �
� � e
U �I.R.S.
n�t5
,� '�✓r., -V��'�~Jb�
+' j . '" � i j �� b'
y �;�°v
,�'> � -��1�i'' t,a@
'� �'
4"
"' ^ 1 .r,�.�i ~ h �
iy�`1 . 'j } ;?' N�
��
_ I.R.S.
Ken Hodge & Associates
Volume 2321, Page 939
EX�II�I'I' 99�,p
������� .����
.��I°C�1 ���6
.�..vQR nCi °S
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469
City of Denton
Denton County, Texas
-- 2012 --
�
' 33.4�9 6�d
I�
�' , �3 ioo o so ioo
� - � �� _ -
� SCALG 1" = 100'
'�
b Bearinos sho��.n hereon based on the City of
� Denton GIS :Vehvork.
� a o �:a
U
�
� " � �" NOTLS:
� � '� m I.R.F, _]/2" Iron Rod Found
� � o LR.S. = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
0 a Surveyin� Company"
�� All improvements not shown hereon.
�'N a Lasements recorded ut Vol. 266, Pg.
f 72, Vol. 303, Pa. 257: Vol. 462, Pg.
! 83 333, Vol. 2845, P�s. 459 & 465 &
I N C.C.�4G-77932 do not affect subjecc
�� tract to die best of my kno«�ledge.
' e�
t ��
New Right-of-way 1.034 ac. (45,047)
e Existing implied Dedication 0.364 ac. (15,339 sq. ft.)
� 1.39� Acres (6o,s86 sq. ft.)
Parcel M026
Q
� �.�'r"���.�,`�'�:�.,
�. �
. o+'� � ^" � ^" £ � �'nS s- �'F�",.va �4 J
B�m°`°"_'-- �r�"� �k.SrC.'� ,`.,YR kp�c �;
� �•O P� � �� ` y �
A ��:3J�L`'�Sl� �p� ''k `:k' �' �
� �a ...........,��a.� �� ; ,� � �
�,PK" Nail �`�� j��"�fc`SS',�;�� .:s � ✓
Se t �� ` ` � ` . �,,��� � � - a.. ` s;l
/� R
� �
V S� \�'� �+� � � + � �
f � � �' /
� � �� �
I N� � 1
�N ! t
I.R.F.
(C.�4f.)
SURVF,YORS CERTIFICA'ITO;V:
The undersigned does hereby certity �o Titic
Rcsources (G.F. No. 102399 & 102401) that Uvs
survey was iLis day made oa the gound of t6c
property leyally described herean and is coaece, end
to the best of my Svowtedge, thuc 2re no visible
discrepancies, conflicu, s�ortagu in area, boundary
line conIIicts, encroachmenes, overlapping of
improvemeats, easemeats orrig6ts ofwwzy thas I
� Lave bceo adriscd ofczcept as s5own hacon.
, rthur SUrveyln� Coe9 ��co
�ofessi��' La�� �azr-ve,grQZs
P.O.Box 54 - Le�visville, Texas 75067
Oifice: (972) 221-9439 Fax: (972) 221-�675
Established 1986
EXHIBIT "A" - to Ordinance (Property Interests)
.%.'`; .
�, �� rthur Suz veyll�g Co., I I1C
�'r�.t"�sszox�a P �.azsti Sx�x-vey.crzs
I'.O. 13ox �4 - I,e��'isville. 'l�eaas 75U67
Off ice: (972) ?21-9439 _ Fxx: (9'7?) 221-467>
r�x1�1�IT «A„
SLOP� EASCMTNT
0.151Acres
Cit�� of llenton, Denton County, Texas
BGING all thzt cert�ain lot, h•act or parcel of la�1d situated in the M.G.V. & P.R.R. Co. S�rvey, Abstract Number
1�69, City of Denton, Dentoi� County, Texas, and bein� part of that certain n��ct of land dcscribe�l by deed to Habib
Pylrali Arab, recorded Volume 4634, Page 2260, lleed Records, Denton County, Texas (D.R.D.C."r.), and being
more particularly deseribed as fol lo�a s:
CUMMENCING at a"PK" Nail set in Mayl�ill Road for the most eastcrly northeast corner of saicl Arab tracC ai�d
tl�e southeast eornec of a tract of� land describeci l�y deed to Garl Edwards and ���ife, Ruth Ed���ards, i�ecorded in
Volume 1546, Page 77�, D.R.Q.C."I'.;
TH�NCI; South 02 degrees 40 minutes 2� seconds West, with the east line of said Arab trael a��d with Mayhill
Road, a distance of 3_5.49 feet to a point for corner;
TNGNCE Soutl� 80 degrees 1� minutes 47 seconds West, over and across said Arat� tract, a distance of 76.78 f'eet to
the PO1NT OF B�GINNING, same point bcing the beginnin� of a non-tangent curve lo th� right, l�aving a radius
of 1 132.50 feet;
THENC� over and across said Arab tract, ���ith said curve to the rigl�t, tiu•ou�l� a eei�h�al an�le of OU degrees 03
minutes 20 seconds, �i�hose chord bears South 10 degrees 15 minutes 27 seconds �Vest at 1.10 feet, an arc length of
1.10 ieet to a 112 inch iron rod ���ith yellow cap stau�ped "Arthur Surveying Company" (ASC) set for corner;
THGNC� South 10 degree�s U miuutes 07 secoiids West, over arld across said Arab tract, a clistance oi'232.48 feet
to a 1/2 inch iron rod �vith yello�v cap stam�ed "ASC" sef for U�e begiiv�ing ol a eurve to the left; hZViiig a radii�s of'
12G7.50 feet;
THG.NCG over and across said Arab U�acY, ���itli s3id curve to the left, tl�rotigh a central ancle of 06 degi•ees �4
miilutes 12 secoiids, ���lios� cllord bears Soud� 06 degrees 50 �niuue�s 00 seconds WesC at 152.62 feet, an arc Iengtll
of 152.72 feet to a li2 inch iron rod with yellow cap stamped "ASC" set for conler;
THENCE South 03 degrees 22 minutes 5� seconds West, over and across said Arab tract, a distance of 16f.98 fee[
fo a 1l2 incll iron rod with yello��� cap stai��}�ed "ASC" set for corner in the south line of said Arab tract and the north
line of a[ract of land described by deeci to Ken (-iodgc and Associates; recorded in Volume 232 ], Pa��e 939,
D.RD.C.1'.;
TFIGNC� North 88 degrees 39 minutes 4� scconds West, �uitli the south line of szid Arab tract and the north line of
said Hod�e U�act, a distance of t S.O l feet to a paint ior cori�er;
'TH�NC� Noi•th 03 degrees 22 minu�es SA secoilds East, over and across said Arab tract, a distance oY 16?.� I f:eet
to ihe beginning of a cui-ve ro tlic right, havin� a radius ol 1282•50 feet;
(continued)
C1107t31-4�
Parocl h702GSL•
EXHIBIT "A" - to Ordinance (Property interests)
��
�� �� rthur Sul veying Co., Inc.
�'r�af�ssic�.r��.Y �.ax��a S�xxFrc�ro�z-s
P.O. Liox 54 -- Le�visvillc, 7�cx�as 75067
Oiticc;: (972) 221-9439 �- l��tx: (972) 221-467�
TII�NCT over and across said Arab t�•act, ��vitl� said curve to tl�e rigllt, tl�rough a cenlral �ngle of 03 degrees �?
minuCes 02 seconds, whose chord bears Norih 0� degrees 18 mulutes �5 seconds L'ast at 8G54 fezt, an arc len�di of
86.56 feet to � poiut for corner;
TH�NCG Noi1h I 1 dcgrees � 1 minutes 09 seconds �ast, over and across said Arab h•act, a dist�ance of 299.80 fcet
to a poi�it for corner;
TH�NCL North 80 degrees 14 minutes 47 seconds �ast, over and across said Arab u•aet, a distance of S32 fezt t�o
the POINT OT B�GINNING and containiug O.15I acre ot land.
cu��i3t-as
1�.����� h�oz6-si:
EXHIBIT "A" - to Ordinance (Property interests)
Earl Edwards & j� • O D �•�
� wife, Ruth Edwards � ..1�.
Vol. 1546, Pg. 775
i
1 �g'15,�W "PK" Nai(
S80' " � Set
194.96,,.,..- — `
---''� � �� S02'40,2�5°W
— �'' � gp°i4'47 E W� 35.49
I.R.F. N 532� �— 580'14'47� 1
— -- ,t 76.78� �
1. R. F. �—� '
(C�`� �'47"W . As�b`U6� /( Cl �
� � �i
58621.27� a�a4��e )'� � �yi
��ro,e �6 � � � � N � /�ys �
o��� � � j� i W ^
�l N� �� � .n
W� �� �''
o � t�c� � 1--� ;;
ah� f� c�
z�� � ��.
r � , .�
0. � 5 � c�.Cl'C �
Slope Easement � ���R.s. �
(60,8bG sq. ft.) � j t
i � I
� �.
� C2 �\ i
\C
C3 � j `�1 I
�
too o �o too
SCALG: 1" = 100'
[3earings sho�� n hereon based on ihc City of
Dcnl��n GIS �letwork.
Nt)1 fiS:
� Ll2_F. = li2" Iron P.od Pound
. I.R.S. = 1/7" Iron I'od �c� �iith
ycllo�+� cap stamped "Arthur
Sui�-e}�ing Company"
• All impro��emenes not sho�+°n I�crcon.
. Eascmcnts rccordcd in Vol. 266, i'�.
72, Vol. 305, Yg. 2�7, Vol. 4G2, P�.
: ii, Vpl. 284>, Pgs. 4`9 & 465 �Q.
C.C.�'96-77932 do not affect sul�iect
h�act to th� best ofmy kno��vledgc.
� o�°� � CURVE TABLE
i � � � # Radius Len h Delta Chord
� ¢I.R.S.
CI 1132.50' 1.I0' 00°03'20° S10°15'27"W 1.10'
�``'�' � � C2 1267.50' 152.72' 06°54'12" S06°50'00"W 152.62'
.ti `^' i
`"'''� ` � �� i C3 1282.50' 86.56' 03°52'02" NOS°18'SS'B 86.54'
--,
�"`r.� • <=� � o,
�� ���. � �
3 �� �� '33"' �' �� �b ��--�~
_�
� �d �3 �`�:��� W� �� 1 ~�p~'°`°'`
r I
. � ��.. �i i�
;��'�' �' ����'' N I I N
oI I°, +
zi i°
I II.R.S. ' ,•PK" Nail
-------- N88-- —L9��� � �et
15.01' � � '�w �,
Ken Hodge & Associates � p
Volume 2321, Page 939 � �ai
I + oN
�
I.R.F.
(C. M. )
EXI-�IB IT "B "
Slope Easement
0.151 Acre
M.E.P. & P.R.R. Co. Survey,
Abstract Nurnber 1469
City of Denton
Denton County, Texas
--20�2--
��'�- �`� �c..� ���
� `
�� L�,7 t� >> ' �' �`�
� ,
'�.�� k� ��cS t�
.. �C)F�l�, fi�ti:� �lJ 5��.�..t�. �o
;. .a::�; � ��� ��.��.. E
��` �, �
����'�`�� �?
�.��
�`�`
�
�
`�.
SUX VEYORS CERT(FICATIOY:
7'be undersigned docs hercby certify to Title
Resources (GF. No. 1 U2399 Rc 102-001) that this
survey wns this day made ou tf�e gruund of Wc
propeny Iegally descnbed hcreon and is coaect, and
io ihc Gcst of my �no�vl:G�c, tJ�cre ntc uo visible
discteF±ancies, conflicts, s6onages in arca, bvund:uy
line conflicts, enaoutimenis, avedapping of
¢npranemrnts, casemeu�s or righ�s of �any �ha! 1
have bcen adviscd of cxcept as shoufi� Lcreon.
rthur Survey1ng Co., I�c.
.Prnfessional Laud Surveyozs
P.O.Box 54 — Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
EsLablished 19II6
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0253, Version: 1
Agenda Information Sheet
DEPARTMENT: Engineering Services
CM/ ACM:
Date:
Jon Fortune
June 17, 2014
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 1.251 acre tract; and (ii) slope easement, encumbering a 0.161
acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway;
generally located in the 1200 block of North Mayhill Road, each affected tract located in the M.E.P. & P.R.R.
Company Survey, Abstract No. 1469, City of Denton, Denton County, Texas, as more particularly described on
"Exhibit "A", attached to the ordinance and made a part thereof, (collectively the "Property Interests")
authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests;
authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an
effective date. (Mayhill Road Widening and Improvements project: Parcel M029 -JNJ Prominence Square, LP)
BACKGROUND
Ongoing negotiations with the affected property owner for the subject land rights necessary for the Mayhill
Road Widening and Improvements have reached an impasse.
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)
None.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a combination of Regional Toll Revenue (RTR)
funds, Denton County Transportation Road Improvement Program (TRIP `08) funds and City of Denton local match funds.
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0253, Version: 1
The overall costs for the Property Interests sought, as to be determined via eminent domain proceedings, are to
be funded through a combination of these funding sources.
EXHIBITS
l. Location Map
2. Ordinance (Agreement attached)
Respectfully submitted:
John T. Davis, P.E.
Director, Engineering Services
Prepared by:
LuAnne Oldham
Real Estate Specialist
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
�ocation Map JNJ Prominence Square — Parcel M029
EXHIBIT 1 Attachment to AIS Mayhill Road Widening and Improvements
EXHIBIT 2 Attachment to AIS
s:\legai\our documents\ordinances\14�nj ed ordinance.docx
ORDINANCE NO.
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIKE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN (I) FEE
SIMPLE TO A 1.251 ACRE TRACT; AND (II) A SLOPE EASEMENT, ENCUMBERING A
0.161 ACRE TRACT, FOR THE PUBLIC USE OF EXPANDING AND IMPROVING
MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY; GENERALLY LOCATED
IN THE 1200 BLOCK OF NORTH MAYHILL ROAD, EACH AFFECTED TRACT
LOCATED IN THE M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT NO. 1469, CITY OF
DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON
"EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, (COLLECTIVELY
THE "PROPERTY INTERESTS") AUTHORIZING THE FILING AND PROSECUTION OF
EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTERESTS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; MAKING FINDINGS;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas (the "City") has initiated the widening and
expansion of Mayhill Road 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 City made a written Initial Offer (herein so called) to JnJ Prominence
Square, LP, a Texas limited partnership, the owner of the Property Interests ("Owner") on
January 27, 2014;
WHEREAS, the City provided to the Owner of the Property Interests at the time of
presenting the Initial Offer, by certified mail, return receipt requested, all appraisal reports
produced or acquired by the City relating speciiically to the Owner's property prepat�ed in the ten
(10) years precediilg the date of the Initial Offer;
WHEREAS, the Initial Offer made by the City to the Owner of the Property Interests did
not include a confidentiality provision and further informed the Owner of the Property Interests
that such Owner had the right to (i) discuss any offer or agreement regarding 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 Governinent Code
(the "Non Confidential Notice");
WHEREAS, the City made a written Final Offer (herein so called) to the Owner of the
Property Interests on April 17, 2014, said date being after the thirtieth (30`�') day after the date on
which the City made the Initial Offer to the Owner of the Property Interests;
WHEREAS, along with such Final Offer, the Owner of the Property Interests was
provided a written appraisal fi•om a certified appraiser of the value of the Property Interests and
the damages, if any, to any of the Owner's remaining property;
WHEREAS, the Final Offer made to the 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 Owner of the Property Interests included (i) a
copy of the written appraisal; (ii) copies of the (a) Special Warranty Deed; and (b) Slope
Easement, all being the instruments proposed to convey the Property Interests sought to be
acquired by the City; (iii) the Landowner's Bill of Rights statement prescribed by Seceion
21.O112 of the Texas Property Code; and (iv) the Non Confidential Notice;
WHEREAS, the City provided the Owner of the Property Interests at least fourteen (14)
days to respond to the Final Offer and the 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 considei•ed, 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 L251 acre tract; and (ii) slope easement,
encumbering a 0.161 acre tract, for the public use of expanding and improving Mayhill Road, a
municipal street and roadway; generally located in the 1400 block of North Mayhill Road, each
affected tract located in the M.E.P. & P.R.R. Company Sw•vey, Abstract No. 1469, 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 of expanding and improving Mayhill Road, a municipal street and roadway in the City
of Denton, Texas"; and
WHEREAS, after due consideration of the public interests to be furthered by the public
use of expanding and improving Mayhill Road, a municipal street and roadway. 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 1.251 acre tract; and (ii) slope easement, eneuinbering a 0.161 acre tract, for the
public use of expanding and improving Mayhill Road, a municipal street and roadway; generally
located in the 1400 block of North Mayhill Road, each affected tract located in the M.E.P. &
P.R.R. Company Survey, Abstract No. 1469, City of Denton, Denton County, Texas, as more
particularly described on "Exhibit "A" attached hereto and made a pai-t 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 iiling and prosecution of
eminent domain proceedings by the City of Denton, Texas to acquire the Property Interests.
SECTION 3. The Cily Council hereby finds that the Owner was the record title owner of
said Property Interests at the time of making the Initial Offer and Final Offer. Without limiting
the general authorization provided in Section 2, above, the City Council further authorizes
joinder of additional or differing owner or owners, or claimant or claimants, of the Property
Interests, if applicable, in the etninent domain proceedings, and to condemn the interests of each
such parties to acquire the Property Interests.
SECTION 4. The City Manager, or his designee, shall have the authority to do all things
necessary or appropriate to acquire the Property Interests by eminent domain, including without
lirnitation, the authority to expend funds related to the prosecution of such eminent doinain
proceedings.
SECTION 5. The recitals provided in this Ordinance, as set forth above, are specifically
and eapressly adopted by the Council as express findings by the Council.
SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
CHRIS WATTS, MAYOR
ATTEST:
J�NNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
By:
�
EXHIBIT "A" to Ordinance (Property Interests)
� � � rth�r �urveyir�g Ca., Inc.
z�'x�fessicx�.rs.�.P �..�cs' Sa.r,t-Kr�yo�x s
P.O. Bo� 54 --- Lewisville, Te�as 7�06'7
OiYice: (972) 221-9439 --- Faa: (972) 221-4675
EX�-IIIiIT "A"
MAYAILL ROAD
PARCEL 1l�029
1.251 A.ca-es
City of Der�ton, Den�on County, 'Tex�s
BEING all that certain lot, tract ar parcel of land situated i�z the M.E.P. & P.R.R. Co. Survey, Abstract Number
1469, and being part of that tract of land desci•ibed by deed to JNJ Prominence Square, L.P., recorded under
Instrument No. 2009-27978, Official Public Records, Denton County, Texas, and bein� more particularly described
as follows:
I3EGINNING at a"PK' Nail set in Mayhill Road for the nortlleast corner oC said JNJ Prominence tract, same point
being in the south line of a h-act of tand described by deed to Ken Hodge and Associates, recorded in Volume 2321,
Page 939, Deed Records, Denton County, Texas (DR.D.C.T.);
THENCE South 02 degrees 19 minutes 00 seconds West, «�ith Mayhill Road, a distance of 473.5� feet to a"PK"
I�Tail set in Mayhill Road for tlle southwest corner of said JI�'J Prominence tract and the nortlleast corner of a tx-act of
land described by deed to the City of Denton, recorded in Volume 545, Page 102, D.R.D.C.T.;
THENCE South 89 de�rees 48 minutes 44 secoz�ds West, with the noifh line of said City of Denton, tract, a distance
of 114.81 feet to a 1/2 uich iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for co�ner;
THE1V'CE North 02 degrees 16 minutes 28 seconds East, over and across said NJ Prominence h-act, a distance of
312.37 feet to a 1/2 inch iron rod with yello�v cap stamped "ASC' set for tlie beginning of a curve to the ri�ht;
havin� a��adius of 10067.50 feet;
THENCE over and across said JNJ Prominence tract, ��vith said curve to the right, throu�h a central an�le of 00
degrees �6 minutes OS seconds, whose chord bears North 02 de�rees 44 mi�lutes 30 seconds East at 16425 feet, an
arc length of 164.26 feet to a U2 inch iron roci with yellow cap stamped "ASC" set for corner in tl�e soutl� line of
said Ken Hod�e and Associates tract;
THENCE South 88 de�rees 39 minutes 45 seconds �ast, tivith the south line of said Ken Hodge and Associates
h�act, a distance of 113.73 feet to the POINT OF BEGIT�'NING and containin� 1.251 acres of land, more o�- less.
�r/i;"�`' ,.� � :: : �l c �',.
�� .;�'"����" � .�t -
��r� � �..�t .
i
..���}�i�£ �. ��JSS.�.[.._t. .
.... o .................................�..
� :,� �; �
� � ��.�
� � q������,�a°��
` �� �
'��`. ��.i n�b�'P" 1' l
bN
C1107131-49
Parcel M029
i
M
��
. � � �
'V
� �i
EXHIBIT "A" to Ordinance (Property Interests)
Ken Hodge & Associates
Volume 2321, Page 939 W
o�
r
ot
u
O Q
l.R.F. N88'39'45"w S88°39'45'B
{C.M.) 6i7.so' j13 �3,
0----�-- �o���a
I.R.S.
B
i
R=10067.50' L=164.26' � '
L�00°56'OS" � �
Chd.=NO2°44'30"E � �
164.25' �
8 �
� 3
� 1. R. S. &
6 �,
� I
JNJ Prominence Square, LP. �
Instr. No. 2009-27978 ,'+,
1 '�"
M' �
�� J
"'A S
W+ �
� ;
�o �
��
zl .�?�
� �i '�i�
� � � ``-,
Sanitary Sewe� Easement ^';�=��
�Vofume 659, Poge 569 � ;>`
� : a,
\ '
��------�''v'` I.R.S.�
��'• S89°48'44'
-�; . I14.81'
�..�
i 3 .;4' .
. % City of Denton
y Volume 545, Page 102
��. •i .
�`-',
}..
� '�' 3 �'
I.R.F.
(C. M.)
�I
@�
�o
0
�
'O
e�
A
1
�
B
Q
,��
' 1.
'"" Noil
Set
�
��
�
F� �
j...j A
�
r
>
�
�
100 0 �0 100
SCALE: 1" = 10a'
Eearings shown licreon Uased on the City of
Denton Gt$ Nehaork.
NOTLS:
o I.R.F. = t/2" Iron Rod Found
� I.R.S. = 1/2° Iron Rod Set wich
yellow cap stamped "Artliur
Surveyin� Company"
� All improvements not sho�k•n I�ereon.
o Blanket Pasernents r�corded in Vol.
141, Pg. 366, Vol. 1041, Pa. 742 &
Vol. 1067, Pg. S36 include this lot.
New Right-of-way 1.091 ac. (47,540 sq. £t.)
Gxisting lmplied Dedication 0.160 ac. (6,962 sq. f�.)
3 1.251 Acres (sa,so? sq. f�.)
ra Parcel Ni029
,;Y;�'
, "PK" Noi!
i� Set
ho
Nc�o
N b'
5/ " I.R.F.
�C. M.)
.�r��.�lll.� O �
p�Z"C�� �Q��
1.251 Acres
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469
City of Denton
Denton County, Texas
-- 2013 --
_ , -:`
F rCsrP
. _ _ \ �:`,�C S`j`.:
+.�:.3i ?`['� �ti . .+�' �..JJ,�'�. ,�'-�
' 4{� �A.�"°b� �.�FY
�; r . � , �`
��' AJ`�� �'��������-
��
°�
0 \M
�o
SUR VEYORS CERTIFXCATION:
7be undcrsigncd does 5ereby certify to Tide
Resoutces (G.F. No. 102403) thxt itus survey was
this c'ay made on the ground oftLe properry legally
described bueon. aod is corzect, and ro the best of
my knon•lcdgc, there are no visiblc discrepancics,
conIlicGS, shorizgcs ia arca, 6oundary line conflicV,
cncroac6mcnts, ovcrlapping of improvcmcaa,
eascmcots or righu ofwsy t5st I Lave bcea zd�9sed
of rxcept as shown hercou.
r���r �urveying Co., I�c.
Pr�f'essional iand Sa�re,yozs
P.O.Box 54 — Lewisville, Tesas 75067
Office: (972) 22I-3439 Fax: (972) 221-4675
Established 1986
__ _
_ ___ _ _.
_ __ _ _ _
_ _ _
EXHIBIT "A" to Ordinance (Property Interests)
�//_'�` . � �.�.
� rthur �urveying Co ,
�z-��'ess.�orz� �,�� .Sarx-ve,�rcrxs
P.O. I3oti 54 -- Le�visville, Te�as 7�06'7
Officc: (972) 221-9439 --- Fa�: (972) 2?1-467>"
EXI�ISIT "A."
�]LOP� EASEMM�N'I'
M[AYHILL ROAIi P�20JECT
0.161 r�.cres
City of I)enton, I)enton County, '�exas
BEING all that certain lot, h-act or parcel of ]and situated in tile M.E.P. & P.R.R. Co. Suivey, Abstract Number
1469, and beuig part of that tract of land described Uy deed to JNJ Prominence Square, L.P., recorded under
Instrument No. 2009-27978, Official PuUlic Records, Denton Couzlry, Texas, and bein� more particularly described
as follows:
COMMENCING at a"PK" Nail set in Mayhill Road for the northeast comer of said JNJ Prominence tract, same
point being in the soutl� line of a tract of land described by deed to Ken Hodge a�ld Associates, recorded ui Volulne
2321, Pa�e 939, Deed Records, Denton Counry, Texas (D.R.D.C.T.);
THENCE North 88 degrees 39 muiutes 4� seconds West, ���ith the south line of said Ken Hodge and Asscoiates
tract. a distance of 113.73 feet to a 1/2 uich iron rod ���ith yello��� cap stamped "Arthur Surveyin� Compai�y"
(ASC)set for the POTNT OF B�GINNING, same point being the be�inning of a non-tangent curve to fhe left,
having a radius of l 0067.50 feet;
THENCE over and across said 7NJ Prominence h-act, with said curve to the left, tlu�ough a central angte of 00
de�ree �6 minutes 0� seconds, whose chord beu�s South 02 de�rees 44 tninutes 30 seconds West at 164.25 feet, an
arc length of 164.26 feet to a ll2 inch iron rod with yellow cap stamped "ASC" set for co�7�er;
THENCE Soutl� d2 degrees 16 minutes 28 seconds West, over and across said JNJ Prominence ti•act, a distance of
312.37 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of a tract of land
described by deed to the Ciry of Denton, recorded in Volume 545, Paoe 102, D.R.D.C.`I'.;
THENCE South 89 de�•ees 48 minutes 44 seconds West, ��-ith the north line of said City of Denton tract, a distance
of 25.02 feet to a point for corner;
THENCE North 02 degrees 16 minutes 28 seconds East, over and across said NJ Prominence h-act, a distance of
100.00 feet to a point foi• corner;
TIi�NC� North 06 degrees I S minutes 49 seconds East, over and across said JNJ Prominence tract, a distance of
378.61 feet to the POINT OF BEGINNING and containi.ng 0.161 acre of land, anore or less.
r"-'r° " �= = ,�=
J r� ,��•� � 1�
fy. /� _.• -
� Uj;��L`" ���' �
..J^5—'e1tl 1%'3...+"5'J���..t-
.. ....
;
�� _• �
.. ............................_..
..�:`�'n �� . -
ciio�>>i-a9
Parcel M029-SE
yJ
M
D�
� N
�O.
EXHIBIT "A" to Ordinance (Property Interests)
J
.F. �;�
A A �', i^..
Ken Hodge & Associates
Volume 2321, Page 939
�, r„?• � O
. �
' - � �. .r O <t
Y '� ro
I.R.F. N8839'45"VJ P<( ti z
(C.M.) 611.60' ,�� N88'39'45"�W �
o----- C�i y' i 13. 73' e
_ �^'��� LR.S. � — — —)
�4
�
-�i'_^, ° �
i, � � I I
� '�y R=10067.50' I
�1 j � � � �� L=164.26'
,�� . .,.�l�00°56'OS" i �
�,y . . o
r�:�' �� Chd.=164.25,30iW �3
�
r � �°
b A' ° � �
I i -o
���I.R.S. i I p� �
p�i -o
i
� �' � f �
JNJ Prominence Square, LP. o� i �v
Instr. No. 2009-27978 � ° � �j
z� I � � �
r �M � I
Slope �asement � 'M � ;
0.161 Acre � t� � I
��,o?s sa. r�.) e
' �� I '
,
� a
� � I�
��
e �
W � ''
Sanitary Sewer N O� o ' � I
Vol. 659 Pg.t 569 b O�' I �
O � $ �
T � Z � N89'48'44'•E
@ I.R.S. 114.8i'
�----- `� ----- "PK" Noil
S89°48'44"W a Set
25.02' � �
��
,n o
N oi
City af Denton N �
Voiume 545, Page 102 �
�
5� •, I.R.F.
�C.M.)
EXI-iI� I�I' "� "
SI�OPE EASE��rTT
�r�yn��� .�o�� ���a��t
0.161 Acre
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469
City of Denton
Denton County, Texas
-- 2013 --
�
100 0 �0 100
SCALE: i" = 100'
Beari�igs slio�vn hereon based on the City of
Denton GtS Network.
�oz��s:
e I.R.P. = 1/2" Iron Rod Fowzd
o I.R.S. = l/2° Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
e All improvements not shown hereon.
< Blauket Gasemcnts recorded in Vol.
141, Pg. 366, Vol. t041, Pg. 742 &
Vol. 1067, Pa. SS6 include this lot.
�� v
�.. � � �
� , , t -c
� ,�� ^� � ,�. . �`;'.
�� `
. �,u� .;���. ��,1 �
vvt s �. .. ....
� � '1y� �w�E : �'; K' �j
�''`;r � i`��Cy4� ,� �' �(�'i
� t � `��°�� �a -� Lr , �,�y ` o
��..� � 3"�_a �: n�
� �D
. �
SURVEYORS CERTTFICATION:
The undersi,,rned does Lereby ccr'�ty to Tiile
Resow-tes (G.F. No. ] 02403) t6at itvs survey was
this day made oa [he ground of ihe propetty iegally
descn6ed hueon and is correct, ar.d to rhe bat of
my A�nowtedgq there air no visibte disctepa�cics,
conflicts, sLortagu in r.re3, boundazy lice contlicts,
eacroachments, ovedapping of improvementt,
eascmeots or righis of way thzt Il�vc bcen advised
oteccept as shonv hereon.
rthur Surveylr�� Co.p I nc.
Frofessi�s�al.Lazad Sza.z�sre,y�zs
P.O.Sox 54 — Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
Established i986
The Council hereby further finds atid 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 doinain proceedings by the City of Denton, Texas to acquire the Property Interests.
SECTION 3. The City Council hereby finds that the Owner was the record title owner of
said Property Interests at the time of making the Initial Offer and Final Offer. Without limiting
the general authorization provided in Section 2, above, the City Council further authorizes
joinder of additional or differing owner or owners, or claimant or claimants, of the Property
Interests, if applicable, in the eminent domain proceedings, and to condemn the interests of each
such parties to acquire the Property Interests.
SECTION 4. The City Manager, or his designee, shall have the authority to do all things
necessary or appropriate �o acquire the Property Interests by eminent domain, including without
limitation, the authority to expend funds related to the prosecution of such eminent domain
proceedings.
SECTION 5. The recitals provided in this Ordinance, as set forth above, are speciiically
and expressly adopted by the Council as express findings by the Council.
SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall retnain in full
force and effect.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: " �' .t'Ol �-
��
EXHIBIT "A" to Ordinance (Property Interests)
� � rthur �urve�ing Co., I nco
��o�',ess,ica.z��.P .�..�d Saxx-Fr�,grc�z-s
P.O. T3os S4 ^• Lewisville, Tez.as 7�067
OlYice: (9'7?) 221-9439 --� Fax: (9'72) 221-�67�
EX�-II�IT "A"
iVIA�-�ILL ROAI�
PAR�EL il�I029
L�51 r�c�es
City oi I)enton, I)enton County, T'ex�s
BEING all that certain lot; tract or parcel of land situated in the M.E.P. & P.R.R. Ca Survey; Abstract Number
1469, and being part of that tract of land described by deed to JNJ Pro7uinence Square, L.P., recorded under
Insti-ument No. 2009-27978, Official Public Records, Denton County, 'I'exas, and beuig more particulaa•ly described
as follows:
B�GIIVN'II\sG at a"PK�' Nail set in Mayhill Road for the northeast coiner- of said JNJ Prominence tract, sarne point
being in the south line of a t�-act of land described by deed to I<en Hod�e and Associates, recorded in Volume 2321,
Pa�e 939, Deed Records, Denton County, Texas (D.R.D.C.T.);
TI-IENCE South 02 de�rees 19 minutes 00 seconds West, ���ith Mayhill Road, a distance of 473.55 fcet to a"PK"
I�rail set in Mayhill Road for the souCh�vest eocnei• of said JNJ Prominence traet and the �lortl�east cotner of a tract of
land described by deed to the City of Denton, recorded in Volwne 545, Pase 102; D.R.D.C.T.;
TH�NCE South 89 de�rees 48 minutes 44 seconds West, with the north line of said City of Denton, tract, a distance
of 114.81 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Suiveying Company" (ASC) set for corner;
TH�IV'CE Norfli 02 degrees 16 minutes 28 seconds East, over and across said .NJ Proaninence tract; a distance of
312.37 feet to a 1/2 inch iron rod witl� yellow cap sCamped "ASC' set for the begirmU�g of a clirve to the right,
havin; a radius of iQ067.50 feet;
THENCE over and across said JNJ Prominence tract, with said curve to the right, tiu-ou�h a central angle of 00
degrees �6 minutes OS seconds, whose chord beais North 02 dejrees 44 minutes 30 seconds East at 164.25 feet, an
arc length of 164.26 feet to a 1/2 incli iro�i rod with }�ellow cap stamped "ASC" set for corner in the south line of
said Keu Hodge and Associates tract;
THENCE South 88 de�rees 39 minutes 45 seconds �ast, �vith the south line of said Ken Hod�e and Associates
tract, a distance of 113.73 feet to the POINT OF BEGIIOTNING and containing I.251 acres of land, more or less.
��,�� r - �
�
�� ..� �� � f
�,-� ,� r .
`F ''�*� _ ..
..£��.r.��, i3F. 5 5�43+.7�'�'oY.,,^� �'_
.< <a> ,.p . ..
.,�� �� ������:' .
y A � ��
� 3� �'� ��".�.,��' 6 �
� �� �.���£��;` ;!�
C1107131-49
Parcel A5029
��,
M
�^�
V
��.
�,
EXHIBIT "A" to Ordinance (Property Interests)
� t.R.F. \
(C. td.)
Ken fiodge & Associates � �
Volume 2321, Page 939 W �
o� �
� � �
o d'
�
o � � � �e
I.R.F. N88'39'45"W S88°39'45"E � � ° °
(C.M.) 61i.60' 213.73' $
0------�--- ��m
I.R.S. � ' �' $et O1� 100 0 �0 100
B 3
� � 0
� a sc�.r: i��=1oe�
Bearings shown hereon based on tiie City of
R=1006�.50' L=164.26' � a� Denton GIS Net�;�ork.
L�=00°56'OS" � � oB �
Chd.=NO2°44'30"E e �ta�
164.25' � �o �p�a �
8 � ,ti,� �t � � OTLS:
g � I.R.F. = 1/2" [ron Rod Found
�� p� � o I.R.S. = ll2" Iron Rod Set with
1.R.S. � � �� yellow cap stamped "Anliur
� � Surveyin� Company"
� � g��n, �, v All i;nprovements not shown liereon.
SNJ Prominence Square, LP. � �1 v�. �v � 1�I�uiket Fasements recorded in Vol.
Instr. No. 20os-27978 � o' � 141, Pg. 366, Vol. l0a I, Pg. 7�32 dt.
�° �� Vol. 1�67, Pg. 886 include this lot.
� � �o �
e � o
�
M� � o
� �� �o New Riaht-of ���ay 1.091 aa (47,�40 sq. ft.)
"'� �, j�' _ Exis:ing Implied Dedication 0.160 aa (�,962 se. ft.)
� ��-�s 1.251 Acres (sa,5o2 sq. ft.)
N� � �� Parcel M029
bo � s �:��
z � 1-���r ,��
� r, �;a.> �I� � Y r.l ,�
� � � ��
Sanitory Sevier Easement , �; 1� f?
\ Volume 659, Poge 569 � a F �
� . p � � ' �N„rr ¢� 3 ' :4.J�"`'
\ l.e' 4.� �� nA
� � `�\
Y k,. �,,,, ^S �i
(�,Y � I.l�.S. � ezQ S'" P �
��------ ��,� „PK"' Nai1 �� ��������,�� �u. �0
rF,1` S89°48`44"W e
��� I14.81' ( � Set ��� � � '
,� � ,-- �� '
;�: ` , �°
- City of Denton N �' � � � �
- Volume 545, Page 102 '�Ny v�°
O
.r J, `� �
�i. j'`
5/ " I.R.F.
�c.�,�.�
�� � �� 99 91
.����'ll.�l .� � � C�
F'a�°ceI MQ29
1.251 Acres
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469
City of Denton
Denton County, Texas
--2013--
SURVEYORS CERTIFICATfON:
The undersigned does beroby certify ta TiUe
Resources (G.F. No. 102403) ihal8us survey was
this day made on the grow�d aFthe proprrry legally
described hereon aud is com.�ct, md to tt�e best of
my knowledge, tfiere aze no visibic discrepaacics,
conIIices, sLonages in arca, 6oundary tine coaflict,,
cncroachmencs, overlapping ofimprovements,
easemencs orrighhcs of wsy [fiat I6ave beeu advised
of �cept as sbocvn Lereon.
rti�ur SUrve�ln� Coo9 I �ce
Ps�fessioual Land Srarv�y�zs
P.O.Box 54 — Lewisville, Tesas 75067
Office: (972) 22I-9439 Fax: (972) 221-4675
Estahlished 1986
EXHIBIT "A" to Ordinance (Property Interests)
l\�
��� rthur �urveying Co., Inc.
.z�r�.fi'ess�e��� ..�a��d SzAZ-er�ycrxs
P.O. Bo� 54 -- Letvisville, Te�as 7�067
Office: (972) 221-9439 --- Faa: (972) 2?1-467�
�XHI��T ��t���
�I.,OP� EASEiVi�N`I'
IYIA�I�[I]LI, �20A1)1'ROJfEC'I'
0.161 r�.eres
City o£ I)enton, Dez�ton County, '�exas
BEING all that certain lot, ri•act or parcel of land situated in the M.E.P. & P..R.IZ. Co. Survey, Abstract Number
1469, and Ueuig part of that tract of land described by deed to JNJ Prominence Square, L.P., recorded under
Instrument No. 2009-27978, Official Public Recoz�ds, Denton Couz�ty, Texas; and being more particularly described
as follows:
COMMENCING at a"PK" Nail set in Mayhill Road for the northeast corner oF said .1NJ Prominence n�aet, same
point being in the soutl� line of a tract of land described by deed to Ken Hodge u1d Associates, recorded ui Volume
2321, Pa�e 939, Deed Records, Denton Coimry, Texas (D.R.D.GT.);
THENCE North 88 degrees 39 mulutes 4� seconds West, ���ith the south line of said Ken Hodge and Asscoiates
tract, a dista�lce of 113.73 feet to a li2 uich iron rod with yellow cap starnped "Arthtu Surveyin� Company"
(ASC)set for the POINT OF B�GINNING, same poiut being the Ue�inning of a non-tangent curve to the left,
having a radius of 10067.50 feet;
THENCE over and across said JNJ Prominence tract, with said curve to tlle left; throu�li a central angle of 00
degree �6 tninutes 0� seconds, whose chord bears South 02 degrees 44 minutes 30 seconds West at 16n�.25 feet, an
arc length of 164.26 feet to a 1/2 inch n•on rod with yellow cap stamped "ASC" set for co��ner;
THE�TCE Soud102 degrees 16 minutes 28 seconds West, over and across said JNJ Prominence tract, a distance of
312.37 feet to a lJ2 inch iron rod with yellow cap stamped "�1SC" set for corner u� the north line of a tract of land
described by deed to the City of Denton, recorded in Volume 545, PaQe 102, D.R.D.C.T.;
THENCE South 89 degrees 48 minutes 44 seconds West, with the north line of said Ciry of Denton tract, a distance
of 25.02 feet to a point for corner;
THENCE North 02 degrees 16 minutes 28 seconds East, over ana ac�•oss said JNJ Prominence tt act, a distance of
10U.00 feet to a point for corner;
THENCE Nortli 06 degrees 15 minutes 49 seconds East, over and across said JNJ Prominence tract, a distance of
378.61 feet to the POINT OF B�GINNING and containing 0.161 acre of land, i��oi•e or less.
r�;`� ° � �
� -.,� ' =,; :
- r
�. �. ft'g
� :� s'
� � 1 D
���'�� �:� ��; ��� N
� ��� � , j ��
`�� ��e�'��'.G°a��,„ra.�-�'� a ;��? �
F�
t*� `� �: �, °s' ? . _ .� `
Ct107131-49
Parcel M029-SE
EXHIBIT "A" to Ordinance (Property Interests)
Ken Hodge & Associates
Volume 2321, Page 939
.��. /'' � � �
�
�,,�:i'�� p �
1.R.F. N88'39'45"U✓ ��:� °, z
(C.M.) 611.60' ,�fiy `� N88'39'45"W �
0---------- �>�✓ _713.73'--�
����� � � 1.R.S. �
Nai!
t
a �
e
� . � � I
r ,7 R=10067.50' �
'i%' � L=164.26' I
.,,,�:% ' � o� o� o l�G� � 00°56'OS" �
,���-' �� Chd.=S02°44'30'(W �
y= '� I64.25'� I �o
x
b� � � ' �
( i �
��� �. R. s. i I � 3
i
�4 -�
� � e i �
h ( �v
JNJ Prominence Square, LP. o�� o� �
Instr. No. 2009-27978 b� e �
z' � � � �
� �� � �
Slope Easeinent � 'M � ;
0.161 r�cre �'� � �
��,o?s SC�. iC.� � ;
' �� I '
�. o
�
I � l�
��
4 �
e
W � ' �
Sanifary Sewer N �� � � I
VoL 659 Pg.t 569 o Oo � � �
O � g �
� � � � IV89'48'44"f
I.R.S. 114.Si
�------� ---__ ,•pK,> Noii
S89°48'44"W a Set
23.02' ( �
�a
N ai
City of Denton N �
Voiume 54�, Page 102 �
�
5/ " 1. R. F.
�c.�.�
�XI-�I IT " "
�Lo�1J ���JJ �t � �
�e'���11.�� .�0�� �Y°6�a�C�
0.161 Acre
M.E.P. & P.R.R. Co. Survey,
Abstract �lumber 14-69
City of' Denion
Denton County, Texas
-- 2013 --
l
,��p.
I
]00 0 SO 100
SCALE: 1" = 100'
Bearings shown hereon based on the City oP
Denton GIS Nernork.
�IOTES:
o I.R.P. = 1/2° Iron Rod Fomld
e I.RS. = 1/2° Iron Rod Set with
yellow cap stamped "Arthur
Surveying Compa�iy"
m All improvements not shown hereon.
a I3lanket Lasemcnts recorded in Vol.
141, Pg. 366, Vol. 10? I, Pg. 742 &
Vol. 1067; P�. 886 include this lot.
��r��. ,=- 7
- �� :
, �' \
. t , �`� � �.
r
t . a "``f` y. ��� $ � `!y'1
� � `��`r � �
tW� ������ � ti
�� r�`
�� �- �Q.
i J � �,
suxv�xoxs cEx�tCaTiox:
The undersigned does hezeby cer�ty ro Tide
Resources (G.F. No. 102403) ihat fhis survey was
Uils daymsde on t6e grovnd of rheproperty tegally
descri6ed herwn and is coaect, sr.d fa i1�e best of
my l�nowledge, thero are no visible discrepavcies,
conflices, shomgcs in uea, boundsry lice conIIicts,
encroachments, overlapping of impros�emencs,
easements or rights ofway thzt Il�avc bccn ad�dsed
ofexcept as s6own hereon.
� rihur Surveyln� Co., I��.
�'2-ofeessao�t Lazsd Szas�e,g�oas
P.O.Box 54 — Lewisviile, Tegas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
Esiablished 1986
EXHIBIT "A" to Ordinance (Property Interests)
� �°� � � � �� � ` � �pg ��.
���.�``�s,����a� �,��' .�' ��r�a�-�
�",4s}. �cr�: Szl� _.� T.�wisville, T'cxas 7�f7G?
C}��ncv: (�73} 2"?1_��139 --- Fax:_ {'�'7'>} 2`>'.i-��i'75
� ��a��' cc�a�
��. ��� ����
������ ����
�>���., c�.��'��
�a� ��'���io�a, ���n�e�� ��aa��,'�"���s
I���1�F� all that c�rta�n �at, i�ac� �r parceT caf fand situated in the �.�.i'. & E'.R.R.. Cti. �u�v�y, Abstrac� Y�umber
I469, and beinb p�r� s�f �h�t tiract nf lanci descrilaed by deed to �T�IJ �rorninence Square, L.P., �-eeorded under
Instruinent Na. 2�?09-2'7978, Jf�cial Pnlal�c :�.ecc�rds, I)ezzto� Coui�ty, Texas, and Yaeulg mar� �arricularIy d�scrib�d
as fQil�ws:
a3���1`�i'�I1�T� �t �"P�" N�il set in May]�iIl �.aad for the a��ar�l�eas� cc�rner ra� said J�NJ F"romar�ence tract, sarr�e paint
bein� in the sout� line oi a tract of �azx�@ describ�el �y as�d to I�en Hadge and Assc�ciates, r�ccsrded in Vaiume '�321,
Pa�e 939, T�eed Iz.ecords, ��ntan t;c�unty, Te�as (D.R.D.C.T.},
'C�3��T�� South p? de��es 19 �n�nutes �}a seconds �'esi, with Mayhilll�.a�ad, a ciist�rice of 4"i3.55 fe�t t� �"PK„
Nai1 set in Ma�l�ill Roaci for tlze scuthwest ccrrner of said JNd �'romine�ce �i-�ct an� tf�e narth.east carner crf a tract af
land descriJ�e� �y deed to the Cii,� afT�entan, rec�rd�d in Volume 545, Page 10�, Y3.R.�.C.T.y
°°�" I�T�� S�a�rtih �9 de„�r��s 48 rninutes 44 seeonds West, with the not�h 1i�� of s�id �ity of 1]en��n, tract, a distanc�
�f 11'�.� 7 feet �o � bC� inc� irora �od with yell+�w cap stazr�ped "A�ihur S�arvey'vn� Cain�any" (ASC) set far �orz�er,
'���l�d�� �7orth 02 de�r�es 16 flninut�s �$ seccaiicls East, over and acrass said Ji*T:I Frai�aine�ce tract, a distanc� af
� 12.�7 feet to a 1/2 inch iraz� rod wath y��low cap staxazp�cl "�,SC' set for the l�eginn��� o:f a curve t�a the right,
havpn� a raciius �f l OQ+a7.5[� feet;
�["k��1�1�� c�ver �nd aci-oss s�zd JNJ Prorz�ir�ence �ract, �vitli s�id curve t� the ri�hi, t�rcrugh a c�n.tr�l �r1�le a�'00
de�;re�s S6 r��nutes {�S se�cands, whc�se chord beai�s Narth Q� de�z-ees'44 an�nutes 3� sec�r�ds ��st at 164.25 f�e�, an
ar�c len�th of 164.26 �'eet tc� a 1f2 inch iran rod wit1� yell�i�r cap star�aped "ASC" set f�i� cori��r aan. the soutl� line c��'
said Ken Hod�e a�d Asscaciates tract;
�'I�.�1��� Sauth S8 d��rees 39 minu�es 45 seconds East, w�tl� ihe sant�l line of said Ker� Hac1�e �nd Associ�tes
tract, a distance of 113.73 f�e� ia t1a� �CBI�'�" �3� ��iG�fi+1T�III�� a�d c�ntainin� 1.251 acres caf land, ino�•e or less.
��� �� �� ���
��� � ' ���" i
�
p�,mfi� a° �� �� m r r&�F
� �, � `y' " °��:` y ir (?�
�'""
.,n,r��,�dl�°'��f',��,�r�N� ?C�w�iwx�,p �4' �-.,,.,.
... �� � �,.o��, ..�.� p ��
Ci107131-49
Paa�ael Mfl29
�
.., . .. �� ..
��
�'�
EXHIBIT "A" to Ordinance (Property Interests)
- r.�.�:
�c. r�.)
Ken Hod�e �e Asspci�,kes �
Vale��aae: �3�7� Pa�e 939 �
I
� � I
� � �C3 `�
� �
1.R.F. N88 3�'�5'°W �88°.i9'4S"E � i �. � �
(C.M,) 617.60' 1;�3.73' �
� — — ---� -�/�- � � — �o mm � m F'K't �f t]i1
�
��r�// //%Ir
Y
�,
r
�
1.R.5. � Set ]QC7 0 �d &dR�
� � �,
1
� � SCAL�: 1" = 10(�r
�+,'=10�67.50" I.�=164.26' e I3c.arings shcrwn liereon based an rc�ie City af
� T]e�taa� GIS NcCwr�rlc.
�afl°56'�t15" �` -'=>,� ���N
��ci,�NE�2°4�f�3�}""� � � aa
I64.25' �� �
a �� � Nt7'I�S:
� ,�',`"�j :;� � I.R.F. � ll/2" IrQti I�ercl Foua�d.
� f.fi'.S. � �.�.5. = ll�" �Irn�� Ro� S�t uvi�th
�� � yellow Gap starnped °°Anthur
� �� � SGarveyir¢g�ornpany,�
� � �� � � .�11 impraveanents not showr� l�ereor7.
JNJ Pramineazce Square. L&'.
7� �'� v m I31�nket �aserraents recnrded rz� VoI.
Tra��r, A?o. 2�ir���-27978 � 141, �g. 366, V�1,. 1041, F�. 74? s�
�� ��� Vol. ].1367, I''g. 8'�6 i�aclnr3e� bhis �aC.
� � � �°
r., cR
� � a
�� ��� 1`�ew Ri�ht-raf way 1.Q91 ae, {47,�4�1 sc�. �,)
� � Existing Implied Lledication Ci.160 ac. (6,962 sq. �'t.)
'-�c,� ' �.��� �,��'�5 {�4,50'J sq. ft.)
� � � ;,�,y F�r�e� 1V���9
p a � ���
� �� � ''� �,
o -�,���" � ��' � ����
�_ �,n , , � ,� ,�, � y
� ,�,�, � ° �i� , �, �� � �'i w ��w
. �,� � �� ° �� � � � �" '�� �""� ,��' � �� �
SonFfary �ev�er E'asernent �°�y,. � �� � o :� � � '
�1✓od�rrre &59� Poge Sd9 � �"'� ,� � f���' ? � � a,
, � , p� ° � �` + ��°� �(i���� '" � �����N�"�� ��� ^tia
�.o � d
W J
� �:����- i .�. s. ����� '� � ,��� ,� � �
�`� _ .�.� _ _ — � �.� �,� ,,.�x,, .��rr � �� � �� � � � �
���m S8�°�8'�"'�� S�t �����w��o'� �''�,,' �� r,�,��
r;. �1�.��' j � ,ua� � , ��, � � ��',;i�
r A� RY � o ��m,���„� 'r����`'" ,�,�'
,� �� City at D�nton �'`� � d"
_ y Valuzne 545, Page 1�2 "c.�y � �
,� �,� �
,y,,J`y.`;,
� f,�,,� !. R. F:
C.M.)
,; w� � �I M�„ � � �� � i� '
�; i,, � ,i�;
/ � � rr' r�,, �„ ,�2
%� �, � : :�% '
f
, � ;. . . �
:s__, , r,��
I ' ' • ��� _ !
!— � • : .
-- 2�'l 3 --
S�z��'C��z,S CERT7�C:4'TiO�,T:
17se taudersigned daes ,hereby certi"fyr ta Tit1e
Rcovrces (t"ar.F. PJa.. iD2403) tfiat Ghis svr✓cy was
tki,s day made oa t�e grauad oEthepmperty degal7y
descaibed Izem.an, aad as corzec� aad tu tlne best af
my knawtedgc, t�rcre are xza viai6lc cizscrcparacies,
coritPicts, ahoz7a,�es !n areay C�ounciary Itne caailfcts,
i
eacroacticnenrs, averJa�rpira; a�icnprovecnenrs,
easemcnts orrr�ts af way that T hsrre been advised
aiexc�pC ss s5aam fiemon.
rt�ur �urvey��� ., ���A
.�'a�:�"�����t�1.,�.8�� ��arv����s
P.C�.�cr� 5�& — Le�isvaflle, �'esas 7�d67
ag�a��: ����� ��i—��s� ���: (sa�2� z�a—�s��
����ix�h��a is�s
EXHIBIT "A" to Ordinance (Property Interests)
�� t r r���i � �d, :�.
�'�°��'�s.�s���� P e�.-�� .�"�..��r��rr��-�
P.�7. �'cr� .��& � :L.e��ri,s�r�Ille, �'ea.as 7St36'�
C.7�ce: (�7"�)�?7_g��9 .v �"�:�,: {�i?') ^�^��-�6i�
'_.�� � !�, ;���
r r�,, �� � i
c, '� i� �, '�1' i i t i � �
fl"� . �r
� �M?' � 1 �� . �' i x� ,�G � �
��dP�T� �11 that ce�t�in lat, tract or parcel of la�ld situat�ci in the PvT.E.Z'. ��'.T�.�. Ca. Survey, A�astracr Nun��ier
146'�, and l�eing p�rt of that �act of ]ai7d deseribeel by deed t�a .TI�T.T Pi-o�ninence Square, L,.P., re�c�rded unde�°
Ti7strur�en� No. 2{749��7978, ��fcial Public �ecc�rds, L�en�on �e�uniy, Texas, and beiz�� rnnre particuIarly d�scribel
as fa�lcaws:
�6�1d'IlVIE���t'+T� a# a"I�K'° �ai� set �n May^lzill R�ad f�r ihe nc�rt�acast canaer af saic111'�1 Prorni��e�c� t�act, sa�ne
painti bein� in th� sa�uth line af a tract Qf land desc�°il�ed by deed to K:en Hod�e aa�cl Assaciat�s, recorded r�n V°oluzne
23? 1, Pa�e 939, L7eed Rec�rds, I)e.�ton �ou�ty, Texas (U.R.I�,C.T.�;
'T'�-Z�N�� Noc�h $S de„�rees .�� �a�izautes 45 sec�n�s 'West, wzth the sQ�th ]ine af said Ke�� Hod�e ar�d Assc�iates
tra��, a distat7ce crf 113.i3 f�e�t tca a 1/2 inch i�on raci with y�11aw c�p st�d�l�ed "ArChur Surv�yi:n� C4�npany"
(AS�}s�t far tl�� �`Ci�T�' C9� ki��I�d'1�fi1°d�, same po�nt bein� t17e �e�innina af a i�an-t�n�ent curvc to th� �e�t,
hawin� a radius c�f 1(1�67.5(� fee�;
T�I�1�C� over az�d acr+�ss s�i� JT*1.� �'romIlneizce tract, w�tl� sai� curve t+� tlie left, throu��� a central azx,�le af d�4
de�ree �6 pz��nut�s QS secflnds, r�whose cliord 9�ea��s South �2 de�rees 4'} ininu�es 30 s�c�nds West at 164.�5 �eet, an
arc len,�th of 1G4.2� :feet to a ll� inch aro� rocl wit� yellow cap stainped "�SC" s�t �cz�- c�mer,
"I"H���� South t�2 de�rees �C� aninukes 2$ secc�n�s '�i'est, aver and acr�ss s�id JN1 �rarninence iract, a clist�nce af
312.3'7 %et �o a 1I2 inch ar�rn rad witka yellaw cap stamp�d "A5�" set far cearner iu� the north line raf � tt��ct af 1an�l
descrzb�d lay d��d ia t�e Gat}r af ��nton, recca��led in V�lume 545, �age 1�2, �.�..T�.C."C".;
"��-I���� Sautl� 89 de�rees �8 rninutes 44 secc�nds West, vvith th� z�orth line �t�sar'd C�ry of �3entan tract, a d'rsta�ce
of ZS,O� fe�t to a p�az�1: £�r ccarner;
i"l�I�l°d�� I�T��th 02 d��rees &6 �inutes 2$ sec�nds �ast, over and ac�•ass saad JN;� �'�r�rr,inence iract, a disianc� af
1 Q(�.O17 fe�t �t� a pqint for co;rner;
'��iE1�+�� Nc�rth Ob degrees 15 m�nutes �9 secands ��st, over and �crass said.6�C�1J Fz-o��a:�ence tixacti, a distazac� a�
3?8.61 feet tia the �'�3i1'��' ��" ���ii'���l�T� �,nd ccrniaii�in� (}.161 acre of l�nd, ��or� or Iess.
� ���
J i4 �� � �"
� lr^
���k �u `( �" 5 i a d� '°
1�r +"�"I �' d 1�^" � °l ��
w��'��� f�x i�'� � "��U�
` wM�� �������
Cl1b713�-49
Parcel M029-SF
�
�
� `��
� v'
��,.
Ken Hadge & Associxttes
Valume 2321, Pmge f3��
a.�.�: n1&s.�s'�� w ���� ,
(c.r�.) s�7.sq' �
o-- - - -- �- _ �- �;�f° �.
tiifi�° �
EXHIBIT "A" to Ordinance (Property Interests)
� �S''�� � �
u-r
i�� �;�� � �
p o`
r���°3s'4.��;� �
,— _ a t,�, a.�' _ _�
r.�.s. �
.�,��r. o �
t �
,-, „,� �
a:...
p.� � � . .d\°1Vlff.l{.�✓V9 I
�%„ ��=P 64.2�i" I
"� ��..,�'� �t�(}°���Q�,� E
��°' o o �
j �' �� �I�d.=S�l2°�&4'3�'f'6�
_ � � 164,25" I � �
� �
� o � �
� i� �
� � f. R. S. � � '�
�
.�,
� � � � j
c� l »...
,Tl�� Pr+a�inence 9qumr�, I.P'. � � �
I�skr. AIa. 2009-279Z8 �i "' � � I
� _ � �
�� n� �
����� ����m��� � �� � ;
0.��� ��a�� �� � I
(7,0?& sc�. ft.j � � i
�N � I
� �� i �
��
� I
� � I �
Sanitary Sew'er � Cs� �I �
� � d
Vof. 559 Pg.� 569 ��� �
� �'� �' � �
�. ��.. ,�������¢�,.�
��....._---�
�.R.�. ���..��y
S89°48"44'"i� – – � � � � ,��' Se�ai1
2s.0z' j �
��
��
��
cz�y mf ��n�on „v �
v�,tu�� �n��„ ��.�e a.o2 �
cra
�I ,. �, I. R. F.
�G.M.)
� `�; � f�;,
�s �� � ,�; i: e �
i
�r � !�� �, � '�, ;� ��
� -,�,' t
�.;..� ,
�. „ �- �,•'
• ��' "" ! i
1— • • ^� .
-- 2013 --
�
�ii, i;
� '���%f'
i ///
�
i�a a sa �oo
SCALE: 1'� — 1Q0'
3c;arirr�s shr�cvn 1�erec�Ka based on the City oE
Cienta�� �'rT5 1`�etwark.
i�1�7'�S:
� I.f2.F. = kl2" Iron Rad Foun�i
� I.R.S. — 1/�" Iran Rs�d �eC w�a�l�.
y�llaw ca� stamped °Arthur
Surv€yin� Compa�xy "
� F.11 aznpa�oveanezsts ncr� shawr� hLrersi�.
+ L']anket �asernents recarded iax �IOI.
1�1, ��. 3Er(, Vol. 1 b4�1,, Fg. 742 �
V a1. 1 C� &7�, P,g�. &Sf �u�cZud� ��is 1qa.
�AnU� �
�r, �,� � � �,P , �r
� �� „�
� � � ��' �.
,� a� �q , r V �-,�,r i �
� !� q
D G`,n � '+�;, � �
Pr���
�� !�" �4��?F i i" �
u�r, � �Wp y� �� e . .
�
�
��
�
5i1&t'�E�'C�:�S c;�R'�k7���OlY:
Tiae utrdersr,�ned dar.s lrere�iy ceztafj+#a TiG(e
Z2esavrces (Cr:F. No. 1 �24t73) ¢i7at this svrvey wa5
clus day made o8 the graauad af rize pmper�j 1egaYly
descrtbed Jierean and is eom;c�, aad to ttse besk of
my.kn:owled�r� there are na visi6Te diserepaaeics,
caniIic�ts, a�sortagcs iu arta„ Bouadary liae enatiicts,
a„
encrnac7auaeats; over�appuz�; ofi.mpm�vemeats,
easemear[s or�i�Gs ofwayt�ratl�asve �ecx� advzsed
af e;ccept as sl�awm Iaerer�n.
�.� �u���y�n� ��� I���
��'�����.1.�.�c� �axr�rr��s�
P.�.�a� 5� — Le�isviiAe, Tega� 750�7
���r��: (s��) ��i—s�s� ��s: (s�z} �z�—���z�
�����ia�h�a �sas
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: Z14-0007, Version: 1
Agenda Information Sheet
DEPARTMENT: Planning and Development
CM/ ACM:
Date:
SUBJECT
John Cabrales, Jr.
June 17, 2014
Continue consideration of an ordinance of the City of Denton, Texas, providing for a zoning change from a
Downtown Residential2 (DR-2) zoning district classification and use designation to a Downtown Commercial
General (DC-G) zoning district classification and use designation; on approximately 0.184 acres, located on
south side of West Oak Street approximately 104 feet west of the intersection of West Oak Street and Avenue
B, 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 approval (6-0).
BACKGROUND
The applicant, Michael Doggett (Winkelmann & Associates), on behalf of CVS Pharmacy, is requesting the
rezoning of approximately 0.184 acres of land from DR-2 to DC-G in order to combine this tract with three
additional tracts of land which are zoned DC-G, for the purpose of redeveloping them with a 13,013 square foot
retail store (CVS Pharmacy).
This rezoning application was a condition of approval for V 14-0001 and V 14-0002; subdivision variances
which were approved by the Planning and Zoning Commission on March 5, 2014. While commercial uses are
permitted in the DR-2 district, they must comply with Limitation L(15) which limits retail uses to a maximum
of 5,000 square feet of gross floor area. The proposed CVS Pharmacy will be 13,013 square feet in gross floor
area. In addition, an approved rezoning will allow the proposed development to meet the minimum
landscaping requirements, specifically the required 20 percent tree canopy coverage. There are a large number
of the proposed trees located on the 0.184 acre site.
The underlying Future Land Use designation of the site is Downtown University Core, which is compatible
with the requested DC-G zoning designation.
Fourteen (14) public notices were sent to property owners within 200 feet of the subject site (Exhibit 7). Fifty-
six (56) courtesy notices were also sent to residents within 500 feet of this proposal. As of this writing, staff
has not received any responses to the Notice of Public Hearing from property owners within 200 feet of the
subject site.
City of Denton Page 1 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: Z14-0007, Version: 1
The applicant held a neighborhood meeting on Apri122, 2014. There were two property owners in attendance.
The concerns noted by the attendees were regarding the need for a fence between the subject site and the
multifamily development located to the west.
On June 3, 2014 City Council considered this request and expressed their concerns with the site plan for the
proposed CT�S. Specifically, City Council was concerned with a third access proposed for the site from Oak
Street. Their concerned arises from the number of access points along Oak Street immediately west of Avenue
B, for the subject property and the abutting properties. This will cause more pedestrian and vehicular
interaction in this area. In response to this issue, Council directed staff to meet with the applicant to explore
the feasibility of a joint access with the adjacent vacant Dry Cleaners located on the east side of the Oak Street
driveway entrance to the proposed CT�S.
Although staff agrees with the concerns of City Council, it is worth noting that the development of the site and
rezoning of the site are separate processes that are managed by the City Council and the Planning and Zoning
Commission. The City Council's purview in this matter is the land use and the appropriateness of the desired
land use in conformance with the comprehensive plan. Conversely, the Planning and Zoning Commission
reviews the development of the site from the approval of the variances that would allow the location of the
access points in the locations proposed. To apply a condition that requires the applicant to provide joint access
to the adjacent property may be considered contract zoning since they are unrelated.
This item was continued from the June 3, 2014 meeting to give the applicant the opportunity to explore the
feasibility of a shared driveway with the adjacent vacant Dry Cleaners site located on the east side of the Oak
Street driveway entrance.
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 APPROVAL of the rezoning request (6-0).
The Development Review Committee recommends APPROVAL of the rezoning request.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
February 24, 2014 - Zoning Board of Adjustment, approval of aparking variance (ZBA14-0001)
March 5, 2014 - Planning and Zoning Commission, approval of two subdivision variances (V14-0001, V14
-0002)
Apri123, 2014 - Planning and Zoning Commission, considered the subject rezoning request
June 3, 2014 - City Council, continued the subject zoning request to the June 17, 2014 City Council
City of Denton Page 2 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: Z14-0007, Version: 1
EXHIBITS
l.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
meeting
Staff Analysis
Site Location/Aerial Map
Existing Zoning Map
Proposed Zoning Map
Future Land Use Map
Letter from the Applicant
Proposed Site Plan
Notification Map
Site Photos
Planning and Zoning Commission meeting minutes
Ordinance
Respectfully submitted:
Brian Lockley, AICP, CPM
Planning and Development Director
Prepared by:
Cindy Jackson, AICP
Senior Planner
City of Denton Page 3 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
Exhibit 1
Staff Analysis
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: April 23, 2014 TYPE: Zoning Request
CC Date: June 17, 2014 PROJECT #: Z14-0007
Project Number: Z14-0007
Request: Rezoning of approximately 0.184 acres of land from a Downtown
Residential 2(DR-2) zoning district to a Downtown Commercial
General (DC-G) zoning district
Applicant: Michael Doggett, PE
Winkelmann & Associates, Inc.
6750 Hillcrest Plaza Drive, #325
Dallas, TX 75230
Property Owner:
CVS Pharmacy, Inc.
One CVS Drive
Woonsocket, RI 02895
Location: The subject property is located on the south side of West Oak
Street, approximately 104 feet west of the intersection of West Oak
Street and Avenue B.
Size:
Zoning Designation:
Future Land Use:
Case Planner:
DRC Recommendation:
Summary of Analysis:
0.184 acres +
Downtown Residential2 (DR-2)
Downtown University Core
Cindy Jackson, AICP
The Development Review Committee (DRC) recommends
approval of the rezoning request.
The applicant, Michael Doggett, P.E. (Winkelmann and Associates) is proposing to combine four
tracts of land for the purpose of redeveloping them with a 13,013 square foot retail store (CVS
Pharmacy). These four tracts of land are proposed to be platted into one lot. All of these tracts,
with the exception of the subject site, are zoned DC-G which permits the location of a 13,013
square foot retail building. The zoning designation of the subject site (DR-2) does not permit
retail uses in excess of 5,000 square feet in area, and thus the applicant is requesting to rezone it
to DC-G. In addition, an approved rezoning will allow the proposed development to meet the
minimum landscaping requirements, specifically the required 20 percent tree canopy coverage.
There are a large number of the proposed trees located on the 0.184 acre site.
The applicant received approval of a parking variance for the proposed development on February
24, 2014, which will permit a parking reduction of ten parking spaces for the site (ZBA14-0001).
Two subdivision variance applications were also approved. One variance was to deviate from
Section 35.20.4.D, Access to Arterial Streets of the Denton Development Code (DDC) to allow
access onto West Oak Street (V14-0001). The second variance was to deviate from Section
35.20.4.G, Separation of Driveways to permit the location of a driveway on West Oak Street
within 30.89 feet from an existing driveway located to the west and 6.88 feet from an existing
driveway to the east; and to permit the location of a driveway on Avenue B directly adjacent to
an existing driveway located to north (V14-0002). Both variances were approved by the
Planning and Zoning Commission on March 5, 2014. The submittal and approval of this
rezoning application was a condition of approval of the two variance applications.
Per Section 35.53.1 of the DDC, the purpose of the Downtown University Core zoning districts
"is to encourage mixed use developments within specified commercial areas of the district. This
district is a pedestrian friendly district." The subject site, combined with the additional three
tracts comprising the entire proposed commercial site, is located directly north of the University
of North Texas (LTNT) campus and is adjacent to the western boundary of the Fry Street Overly
District. The surrounding uses include restaurants and bars, retail sales and service, some
professional services, both single-family and multifamily uses and a mixed-use multifamily
development (Sterling Fry Street Village). The proposed zoning district is compatible with both the
existing surrounding land uses and the pedestrian nature of the area.
Section 35.3.4.B of the DDC, provided criteria for approval of a rezoning application. They are
as follows:
1. The proposed rezoning conforms to the Future Land Use Element of The Denton Plan.
The subject site is located in a"Downtown University Core" future land use designation.
The Denton Plan notes that "Specified commercial areas of the downtown university core
district should be places of great vitality, with a mix of educational, residential, retail,
office service, government, cultural, and entertainment development." The proposed
retail pharmacy is consistent with the future land use designation and therefore the
Denton Plan.
The Downtown University Core District states: "Specified commercial areas of the
downtown university core district should be places of great vitality, with a mix of
educational, residential, retail, office service, government, cultural, and entertainment
development."
Commercial Land Use Goals, as stated in the Denton Plan are as follows:
a. "To provide for reasonable amounts and distribution of various types of commercial
land use in attractive and well-located settings." The applicant is proposing to
develop the site with a pharmacy. The site will include an enhanced fa�ade to
complement the pedestrian orientation of the area and pedestrian amenities such as a
landscaped walkway with pedestrian benches from Oak Street and bike racks.
b. "To develop activity centers where commercial uses, professional offices, and public
facilities are located near residential development while providing safe and
convenient pedestrian access." The subj ect site is located in close proximity to the
LTNT campus and residential neighborhoods located along both West Hickory Street
and West Oak Street.
c. "To locate neighborhood-oriented, commercial activities convenient to dwelling units
in order to minimize the need for frequent automobile trips for everyday household
needs." The subject site is located in close proximity to both the LJNT campus and
surrounding residential development. The drive-thru service which is typical for
pharmacies will not be included with this project to reduce onsite traffic and
minimize potential conflicts between pedestrians and vehicles.
2. The proposed rezoning facilitates the adequate provision of transportation, water sewers,
schools, parks, other public requirements and public convenience.
The site was previously developed with a multifamily apartment development. Adequate
public facilities are in place to serve the proposed retail development. Extensions of
water and sewer facilities are not required and the street system is adequate to
accommodate any traffic generated by the proposed use.
Findings of Fact
l. The applicant proposes to rezone approximately 0.184 acres of land from a Downtown
Residential2 (DR-2) zoning district to a Downtown Commercial General (DC-G) zoning
district.
2. A parking variance was approved on February 24, 2014 by the Zoning Board of
Adjustment for a reduction in parking of 10.
3. Two subdivision variances were approved on March 5, 2014 by the Planning and Zoning
Commission for deviate from Section 35.20.4.D, Access to Arterial Streets of the Denton
Development Code (DDC) to allow access onto West Oak Street (V14-0001) and to
deviate from Section 3520.4.G, Separation of Driveways to permit the location of a
driveway on West Oak Street within 30.89 feet from an existing driveway located to the
west and 6.88 feet from an existing driveway to the east; and to permit the location of a
driveway on Avenue B directly adjacent to an existing driveway located to north (V14-
0002).
4. The Downtown University Core District states: "Specified commercial areas of the
downtown university core district should be places of great vitality, with a mix of
educational, residential, retail, office service, government, cultural, and entertainment
development."
5. A Commercial Land Use Goal, as stated in the Denton Plan is, "To provide for
reasonable amounts and distribution of various types of commercial land use in attractive
and well-located settings." The applicant is proposing to develop the site with a
pharmacy. The site will include an enhanced fa�ade to complement the pedestrian
orientation of the area and pedestrian amenities such as a landscaped walkway with
pedestrian benches from Oak Street and bike racks.
6. A Commercial Land Use Goal, as stated in the Denton Plan is, "To develop activity
centers where commercial uses, professional offices, and public facilities are located near
residential development while providing safe and convenient pedestrian access." The
subject site is located in close proximity to the LTNT campus and residential
neighborhoods located along both West Hickory Street and West Oak Street.
7. A Commercial Land Use Goal, as stated in the Denton Plan is, "To locate neighborhood-
oriented, commercial activities convenient to dwelling units in order to minimize the
need for frequent automobile trips for everyday household needs." The subject site is
located in close proximity to both the UNT campus and surrounding residential
development. The drive-thru service which is typical for pharmacies will not be included
with this project to reduce onsite traffic and minimize potential conflicts between
pedestrians and vehicles.
8. Surrounding uses include restaurants and bars, retail sales and service and some professional
services, single-family uses and multifamily developments, and a mixed-use multifamily
development (Sterling Fry Street Village).
9. The purpose of the Downtown University Core zoning districts is to encourage mixed use
developments within specified commercial areas of the district. The district is a
pedestrian friendly district.
10. The subject site is not located within a small area or neighborhood plan. It is located
directly adjacent to the Fry Street Overlay District.
1 L West Oak Street and West Hickory Street are both classified as Primary Major Arterials
on the Mobility Roadway Plan. Avenue B is not designated on the Mobility Roadway
Plan. As such it is considered as a local street.
12. The subject site was developed with a multifamily building. It was recently demolished
in anticipation of this proposed development.
13. The site will have a left-in/left-out driveway along West Hickory Street; a full access
driveway along Avenue B and a left-in only driveway along West Oak Street.
14. Water is available from the existing 8-inch main along Avenue B. This main has
adequate available capacity for the requested zoning. An extension of water facilities
will not be required.
15. Sewer is available via the existing 6- inch gravity main along Avenue B. This main has
adequate available capacity for the requested zoning. An extension of sewer facilities will
not be required.
16. The anticipated water demand for the proposed development is 26 gpm (peak). The
anticipated wastewater demand for the proposed development is 19 gpm (peak)
17. The anticipated storm water demand for the proposed development is 8 cfs.
18. The anticipated transportation demand for the proposed development is 1,172 vehicle
trips per day.
Development Review Committee
Based upon 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.
The Development Review Committee recommends approval of the rezoning request.
GENERAL NOTES
NOTE: Approval of this request shall not constitute a waiver or variance firom 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 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.
Northwest: North: Northeast:
DR-2; DR-2; DGG;
Multifamily Residential Single Family Residential Vacant Commercial and
Multifamil Residential
West: � ' � � � East:
DGG; � ' DGG;
Multifamily Residential • � • - RetaiUCommercial and
Vacant Property
Southwest: South: Southeast:
DGG; DGG; DGG;
Vacant ro ert Vacant ro ert Vacant Pro ert
Source: Cit�� of Denton Geographical Infovmation System and site visit by Cit�� staff
Comprehensive Plan:
A. Consistency with Goals, Objectives and Strategies
The subject site is located in a"Downtown University Core" future land use designation.
The Denton Plan notes that "Specified commercial areas of the downtown university core
district should be places of great vitality, with a mix of educational, residential, retail,
office service, government, cultural, and entertainment development." The proposed
retail pharmacy is consistent with the future land use designation and therefore the
Denton Plan.
Land Use Analysis:
A. The applicant is proposing to combine four tracts of land for the purpose of developing a
13, 013 sq. ft. retail pharmacy, which is a permitted use in the requested DC-G zoning
district. Limitation L(15) restricts retail uses to a maximum of 5,000 square feet per lot in
the DR-2 district. When the site is replatted into one lot, it will not comply with this
requirement, thus the reason for this request.
When comparing the two districts the main differences reflect the different emphases of
each district, with the DR-2 focusing on residential uses with some limited commercial
uses permitted, and the DC-G focusing on mixed-use residential and commercial,
excluding single-family uses.
The charts below provide a comparison of the DR-2 and DC-G zoning districts:
.- . -.. .- .
Agriculture P P
Livestock L(7) L(7)
Single Family Dwellings P N
Accessory Dwelling Units P N
Attached Single Family Dwellings P P
Dwellings Above Businesses P P
Live/Work Units P P
Duplexes P N
Community Homes For the Disabled P P
Group Homes N SUP
Multi-Family Dwellings L(5) L(5)
Fraternity or Sorority House P P
Dormitory P P
Manufactured Housing Developments N N
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
. . -.. .- .
Home Occupation P P
Sale of Products Grown on Site N N
Hotels N P
Motels N N
Bed and Breakfast L(9) P
Retail Sales and Service L(15) P
Movie Theaters N SUP
Restaurant or Private Club N P
Drive-through Facility N SUP
Professional Services and Offices L(15) P
Quick Vehicle Servicing N SUP
Vehicle Repair N SUP
Auto and RV Sales N L(20)
Laundry Facilities P P
Equestrian Facilities N N
Outdoor Recreation N N
Indoor Recreation N P
Conference/Convention Centers N P
Major Event Entertainment N SUP
Commercial Parking Lots N L(28)
Administrative or Research Facilities SUP P
Broadcasting of Production Studio SUP P
Sexually Oriented Business N N
Temporary Uses L(38) L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
. . -.. .- .
Printing / Publishing N P
Bakeries N P
Manufacture of Non-odoriferous Foods N N
Feed Lots N N
Food Processing N N
Light Manufacturing N N
Heavy Manufacturing N N
Wholesale Sales N SUP/
L(36)
Wholesale Nurseries N SUP/
L(36)
Distribution Center/Warehouse, General N N
Warehouse, Retail N N
Self-service Storage N N
Construction Materials Sales N N
Junk Yards and Auto Wrecking N N
Wrecker Services and Impound Lots N N
Kennels N N
Veterinary Clinics SUP P
Sanitary Landfills, Commercial N N
Incinerators, Transfer Stations
Gas Wells SUP SUP
L(27) L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
. . -.. .- .
Basic Utilities SUP SUP
Community Service N P
Parks and Open Space P P
Churches P P
Semi-public, Halls, Clubs, and Lodges P P
Business / Trade School N P
Adult or Child Day Care P P
Kindergarten, Elementary School P N
Middle School P N
High School N N
Colleges N P
Hospital N P
Elderly Housing N P
Medical Centers SUP P
Cemeteries N N
Mortuaries N P
WECS (Free-standing Monopole Support SUP SUP
Structure)
WECS (Building-mounted) SUP SUP
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X� = Limited as defined in Secfion 35.5.8
Limitations
L(5) = Within this district the density of apartments will be calculated as one bedroom
equating to .5 units.
L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size.
Additional animals may be added at a rate of one per each acre over three.
L(9) = All restrictions of L(8), but limited to no more than 15 guest units.
L(8) = Travelers' accommodations, are permitted, provided that:
l. The business-owner or manager shall be required to reside on the property
occupied by the accommodation, or adjacent property.
2. That each accommodation unit shall have 1 off-street parking space, and the
owners shall have 2 parking spaces. All spaces shall be in conformance with
the requirements of the Off-Street Parking section of this Chapter.
3. That only one ground or wall sign, constructed of a non-plastic material, non-
interior illuminated of 4 sq. ft. maximum size is allowed. Any exterior
illumination of signage shall be installed such that it does not directly
illuminate any residential structures adjacent or nearby the travelers'
accommodation.
4. That the number of accommodation units allowed shall be proportional to the
permitted density of the zone. Each traveler's accommodation unit shall be
counted as 0.6 units for the purpose of calculating the permitted number of
traveler's accommodations.
5. All travelers' accommodations shall be within 200 feet of a collector or
arterial. Street designations shall be as determined by the City
Comprehensive Plan. Distances shall be measured via Public Street or alley
access to the site from the arterial.
6. Excluding the business-owner's unit and the area of the structure it will
occupy, there must be at least 400 sq. ft. of gross interior floor space
remaining per unit.
7. Traveler's accommodations are limited to no more than 8 guest units.
L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An
SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges.
L(20) = Permitted, but outdoor storage of autos prohibited.
L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and
Production.
L(28) = Use allowed as part of consolidated parking plan.
L(36) = Permitted when combined with retail sales.
L(38) = Must meet the requirements of Section 35.12.9.
B. Current Zoning District Allocation
The subject site includes approximately 0.184 acres zoned as DR-2. The proposed rezoning
would affect the zoning allocation of the DC-G zoning district within the city. Currently, there is
approximately 1,181.8 acres of land within the city that is zoned DGG. If the applicant's
proposal is approved, the DC-G allocation with the city will increase from 1,181.8 acres to
1,181.984 acres.
Zonin Allocation
Zoning District Current Allocation Proposed Allocation
(acres) (acres)
DC-G 1,181.8 1,181.984
(Existing and Proposed)
Nearest Fire, and EMS Station
Name of Station � Approximate Distance From
Fire/EMS � Fire Station #3, 1204 McCormick Street � 1.15 miles f
Source: City of Denton GIS, Fire Department, and EMS
Water and Wastewater Demand and Capacity:
A. Estimated Demand and Service Provider:
Sub'ect Pro ert Estimated Im act Anal sis
0.184 f acres Proposed Demand Adequate to Serve (Yes
or No)
Permitted Density
Potable Water
Consumption 26 (peak) Yes
(GPM)
Wastewater 19 (peak) Yes
Generation (GPM)
B. Available Capacity:
Water is available from the existing 8-inch main along Avenue B. This main has adequate
available capacity for the requested zoning.
Sewer is available via the existing 6- inch gra�ity main along Avenue B. This main has adequate
available capacity for the requested zoning.
C. CIl' Planned Improvements:
There are no planned CIP Proj ects within this area.
Roadways/Transportation Network:
A. Estimated Demand:
Sub'ect Pro ert Estimated Im act Anal sis
.0184 f Acres Proposed Demand Adequate to Serve (Yes
or No)
Average Annual 1172 Yes
Daily Trips (AADT)
PM Peak Hour Trips 109 Yes
B. Available Capacity:
Avenue B, Hickory Street and Oak Street all have the capacity to accommodate this
development.
C. Roadway Conditions:
Avenue B, Hickory Street and Oak Street are all classified as improved perimeter streets.
Hickory Street and Oak Street are also classified as a Primary Major Arterials (135-feet of right-
of-way) per the Mobility Roadway Plan. Avenue B is not designated on the Mobility Roadway
Plan. As such it is considered as a local street.
D. CIl' Planned Improvements:
There are no planned CIP Proj ects within this area.
Environmental Conditions:
B. Environmentally Sensitive Areas:
No environmentally sensitive areas (ESAs) on site.
Electric:
No Comments
Park Facilities:
Commercial Property — No residential component.
Comments from other Departments:
None
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Exhibit 10
Planning and Zoning Commission Meeting Minutes
single-family detached homes. Briggle questioned what guidelines there are within the future
land use to control the mixed use and not have too many single-family properties within the area.
Berry stated that is reviewed and there are criteria within the Denton Plan update. On the corner
of Ryan Road and Teasley Lane there was approximately 25 acres rezoned to NRMU. Based on
staff's analysis that rezoning should be adequate for the mixed-use development in that area.
Thomas Fletcher, Kimley-Horn and Associates, 5750 Genesis #200, Frisco, Texas
Fletcher stated he doesn't have a presentation; staff presented what Fletcher was going to
discuss. This ties these three properties together to have a master planned residential
development. There were no further questions or discussion with the applicant.
Schaake opened the Public Hearing. There was no one to speak on this item. Schaake closed the
Public Hearing.
Conner questioned the schools in the subject site area to attend Denton High School; Conner
stated Guyer High School is just a few blocks away. Schaake stated the boundaries for the
schools are drawn and redrawn almost every year. By the time this development is completed
they might be redrawn again. Schaake added there is a dividing line on Teasley Lane as well,
Conner acknowledged.
Commissioner Brian Bentley motioned, Commissioner Frank Conner seconded to approve this
request. Motion approved (6-0).
B. Hc�ld a t�ublic hearin� and cc�nsider inal�in� a recc�ininenda�ic�n �c� �he Ci� Cc�uncil re ,ardin
a rezc�nin� c�f a��rc�xiin a�ely 0.1 �4 acres c�f land frc�in a I7c�wn�c�wn F� esiden�ial 2(I7F� �2�
zc�nin� dis�ric� �c� a I7c�wn�c�wn Cc�ininercial Creneral (I7C�C1� zc�nin� dis�ric�. T'he sub��ec�
t�rc��er�y is lc�ca�ed c�n �he sc�u�h side c�f iWes� C7al� S�ree�, at��rc�xiina�elp 104 fee� wes� c�f �he
in�ersec�ic�n c�f iWes� C7al� S�ree� and �venue �. (Z14�0007, C�S Pharinacv, Cindy Jacl�sc�n�
Schaake stated a portion of this item was previously heard before this Commission as a variance
request. Lockley introduced Jackson. Jackson stated this request is to rezone approximately
0.184 acres of land from Downtown Residential- 2 zoning district to Downtown Commercial
General (DC-G) zoning district. Jackson stated when the property is replatted into one lot it
would not comply with the zoning; therefore, this is the request to rezone the property. The two
variances for the driveways were heard on March 5, 2014, and approved by this Commission.
Staff sent out 14 Public Notices to property owners within 200 feet of the subject site, and 56
courtesy notices to property owners within 500 feet of the subject site. At this time staff has not
received any returned responses.
The applicant held a neighborhood meeting on April 22, 2014, there was one couple that
attended. Their concern was to have a fence between the multifamily and the subject site. The
Development Review Committee recommends approval of this request. The applicant is present.
�
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Michael Doggett, Winkelmann and Associates, Inc. 5750 Hillcrest Plaza Drive, Dallas, Texas
Doggett stated Jackson touched all the items he was doing to discuss. The neighborhood meeting
was held, there was no one in opposition that attended the meeting. The rezoning is consistent
with the development within this area. At this time CVS Pharmacy does own all of the four tracts
of land.
Schaake opened the Public Hearing. There was no one to speak on the item. Schaake closed the
Public Hearing. Jackson stated she forgot to mention during her presentation that this particular
lot is required to be with the entire development; if not their tree preservation would not work.
Taylor stated he will be voting for this rezoning. However, this request represents an example of
one of the holes within the Denton Plan. The DC-G zoning district as it came from the Denton
Plan was to encourage walkable areas, mixed use, and live-work developments. The DC-G
zoning district did away with a lot of its rules. Taylor stated he feels the intent was for high
density, walkable, mixed-use developments; not for a rezoning to allow a driveway.
Commissioner Thom Reece motioned, Commissioner Frank Conner seconded to approve this
request. Motion approved (6-0).
5. F'LJT'LTF�E �CrENI7� IT'EA✓IS: LJnder Sec�ic�n 551.042 c�f �he T'exas C7t�en A✓Iee�ine,�,
res�c�nd �c� inc�uiries frc�in �he Plannin� and Zc�nin� Cc�ininissic�n c�r �he �ublic wi�h s et� cific
fac�ual infc�r�a�ic�n c�r reci�a�ic�n c�f t�c�lic�, c�r acce�J� a�Jrc�pc�sal �c� �lace �he �a�ter c�n �he
a�enda fc�r ai2 u,�cc��in� �ee�in�
Bentley stated he believes he did not include staff's recommendation in his motion on Public
Hearing Item 4A. Leal stated the applicant is no longer present and the Public Hearing has been
closed. Leal stated he would recommend that staff make a note within their backup to City
Council explaining the intent was to include staff's recommendations and it was unintentionally
left off of the motion. Schaake agreed. The final approval will be that City Council can add those
recommendations and conditions to their motion.
There was no further discussion. Schaake adjourned the Regular Meeting at 7:00 p.m.
�
Exhibit 11
s:\legal\our documents\ordinances\14�z14-0007 ordinance.docx OrC�lriariCe
��i �� �� ����������
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR � ZONING
CHANGE FROM A DOWNTOWN RESIDENTIAL 2(DR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A DOWNTOWN COMMERCIAL
GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; ON
APPROXIMATELY 0.184 ACRES, LOCATED ON SOUTH SIDE OF WEST OAK STREET
APPROXIMATELY 104 FEET WEST OF THE INTERSECTION OF WEST OAIf STREET
AND AVENUE B., 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. (Z14-
0007) .
WHEREAS, Michael Doggett, on behalf of CVS Pharmacy, has applied for a change in
zoning for approximately 0.184 acres of land legally described in Exhibit "A", attached hereto
and incorporated herein by reference (hereinafter, the "Property") from a Downtown Residential
2(DR-2) zoning district classification and use designation to a Downtown Commercial General
(DC-G) zoning district classification and use designation; and
WHEREAS, on April 23, 2014, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, on June 3, 2014, the City Council concluded a public hearing as required by
law and finds that the change 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 as true.
SECTION 2. The zoning district classification and use designation for the Property is
hereby changed from Downtown Residential 2(DR-2) to Downtown Commercial General (DC-
G). Notwithstanding the attached real property description, the property being rezoned includes
all property to the centerline of all adjacent street rights-of-way.
SECTION 3. The City's official land use map is amended to show the change in the land
use designation.
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.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
MARK A. BURROUGHS, MAYOR
PAGE 2
EXHIBIT A
LEGAL DESCRIPTION
PROPERTY DESCRIPTION
TRACT 1
STATE OF TEXAS §
COUNTY OF DENTON §
BEING a tract of land sttuated in the E. PUCHALSKI Survey, Abatract No. 996, CITY OF DENTON,
DENTON COUNTY, TEXAS and being all of a tract of land as described in deed to FSB/Denton Realty
Advisors, lnc., recorded in County Clerk's File No. 95-0088204, Deed Records, Denton County, Texas
(D.R,D.C.T.) and being more perticularly deacribed as follows:
BEGINNING at an "X" cut in concrete found for the northeast comer of eaid FSB/Denton trect, said"X" cut
being aRuated in the south right-0f-way line oi West Oak Street (80' right-of-way), and being South 89
deg 30 min 02 sec West, a dietsnce oi 97.01 feet from the intersection of the south right�of-way Une oi
said West Oek Street and the west right-of-way line of North Avenue B(80' right-af-way);
THENCE South 00 deg 12 min 01 sec West, departing said eouth right-of-wey Ilne, a distance of 180.01
feet to a 112 inch iron rod with red plasUc cap stamped "VNAI" set for corner from which a 3/8 inch iron rod
found bears North 31 deg 15 min 09 sec West, a distance of 1.61 feet, sald iron rod being the eoutheast
comer of aforementioned FSB/Denton tract;
THENCE South 89 deg 30 min 02 sec West, along the south line oi eaid DSBfDenton tract, a diatence of
50.00 feet to a 1!2 inch iron rod with plastic cap stamped "METROPLEX" found for comer, said Iron rod
being the southwest comer of said FSB/Derrton tract;
THENCE North 00 deg 12 min 01 sec East, departing said south line, a distance of 160.01 feet to a 1/2
inch iron rod with red plastic cap stamped "NYAI" set for corner, said iron rod being the northwest comer of
said FSB/Denton tract and being situated in the south right�of-way Iine of aforementioned West Oak
Street;
THENCE North 89 deg 30 min 02 sec East, along the north line of said FSB/Denton tract and the south
right-0f-way line of said West Oek Street, a distence of 50.00 feet to the POINT OF BEGINNING.
CONTAINING within these metes and bounds 0.184 acres or 8,001 square feet of land, more or less.
Bearings shown hereon are based upon an on-the-ground Survey pertormed in the field on the 10th day
of October, 2013, udlizing a G.P.S. measurement (NAD 83) using the Geoshack VRS network of North 89
deg 30 min 02 sec East, alon8 the Soutfi right-of-way line of West Oak Street.
PAGE 3
EXHIBIT B
SITE LOCATION
Z14-0007
���u>�� l�g�nd �� •- - • -. i
c�:
o Pa rce I s • �E�v�rpN
PAGE 4
Exhibit 2
Site Location/Aerial Map
Exhibit 3
Existing Zoning Map
�� �i��
Exhibit 4
sed Zonin
�� E ��������
mw��'C����� m � .,
o�� ��, ��n _ �
� � �-����,��s�,,,,,„;�.a ��.�����o �
� ' �"hL`F E �w�.iwmn� 1'w��FI :*r'��a
'��✓, : � CA� r,,,,E�.� 1w�i!1 ���,n 11 +A ���Z .�„ � E..�Y�°
�"' c !' �Yi P 2 E �'n �9.J
r.�.,. 8 T-'° - � u'� �'^:Vf40. t,»".:R.�, `. `N P
�
.ti. ���. e
.i."°i! Y �� r,` ,� ��v�� n",�,k A reuwlN�f'xu,C` u K'°��#P.�r�„ y .. �,,,�,,,�. . ,
Exhibit 5
Future Land Use
�� E ��������
� „- � ' � �� /�
.� ,,
�. , ���,
�
w, � w ,
�, ; �� .,; ! , r � ` I ,
��� ,, �
Exhibit 6
�� Winkelmann Appl��ant�s Letter
& Associates, Inc.
Consulting Civil Engineers � Surveyors
February 27, 2014
Cindy Jackson, AICP
Senior Planner
Planning Division
City of Denton
221 N. Elm St.
Denton, TX 76201
RE;, Rezoning Project Narrative
CVS Pharmacy #10271
NWC Hickory & Ave. B
Ms. Jackson,
On behalf of CVS Pharmacy, Inc., enclosed is our submittal of the Rezoning Request for Tract 1 located at 1511-
1513 W. Oak Street.
This property is a single tract owned by CVS Pharmacy, Inc. and currently zoned DR-2. Based on recent
conversations with staff, we are requesting this tract be rezoned to DC-G to be contiguous with the other tracts
owned by CVS Pharmacy, Ina The 4 tracts will ultimately become platted into a single lot for development of a
13,013 SF retail pharmacy without a drive-thru given the adjacency to the University of North Texas campus.
The tract to be rezoned is surrounded by W. Oak Street to the North, a multi-family housing development to the
West, the proposed CVS Pharmacy tract to the South and Dry Cleaners to the East.
The tract previously was used for Multi-family purposes and a demolition permit has been issued by the City of
Denton to remove the existing building. There is one building on-site that will be demolished and currently a very
narrow two-way drive entrance from Oak Street to a parking area serving the multi-family.
CVS intends to utilize this tract by providing their customers vehicular ingress only movements from Oak Street as
well as a pedestrian corridor complete with sidewalks, benches, and enhanced landscaping. The CVS development
will also provide bike racks as well.
The tract will provide the required landscape buffer from the multi-family to the West and provides a solid
landscape screen. While the property will be platted together and consolidate 4 tracts into 1 lot, the main CVS
structure will not be located within the area that is being rezoned and the building is oriented away from the multi-
family use to the West of this tract. Any lighting provided will be directed away from the surrounding properties and
designed to meet the City of Denton code.
This request is consistent with the requirements of the Denton Development Code (DDC) and goals, policies and
objectives of the Denton Plan. We would appreciate Staff's support with our request.
Should you have any questions, please give me a call.
Sincerely,
�,�
Winkelmann & Associates, Inc.
Michael Doggett, P.E., LEED Green Associate
Vice President
CC: Bob Parrish — CVS Pharmacy
Donn Fizer — Orange Dev.
70166
G:\701\66\ENGINEERING\Construction Plans\PDF\2014.02.27 Rezoning Application�Zoning Letter.docx
� �
.. �a
A a
� �
�t �
w v�
N
IX�� � g m
� � <
m
� �_� �°
� ¢� ff<
W � ��z
� �� 3���
$�� =o��
Ae�R�
,� � . �: ;
a� =so
�x° '��
� `3 � ���ag�
� �������������� ��:.
aa
m�iiiiiiipi,
I eag��
a
8
n� <�a
°���rr
s�
x
o �LL
�, �
���
e
a
a
a
U
A
m a
a
� ° � o
Q w
W
„ —� a �
r�P� w
x
_ _ 1��11���111���11��� w
/ / m
_ � ` �
a - _ -oo� � �5��a° �
LL 6 � - o�pag�
w � - - - -- - - ozw== _- --
oa- _ _ _ -
z? _ __ °�a _
Q aQOaawaioaEad3�or�wao�p�oo_a_�a_aomzao
d_�M e N e � m m_ _ ____ __
°� m n n m m N v n n n v� _�
E L E
� m�- °°-
� - ` - ° £ E .
J � m E 3 �
E
� E
� � � o � �, � � o � � o �, Q
_ �
� E = E - E
� d,� - u o o �� z� � � E
�d�-�oo����- ��
E O�OCJ���O��O❑��
_
ti
o�Q
�Qo
U Q
mW�
O~�
��m
��ti
2=
h O W �
W � = U
ti �
Jpgm
Q U W �
��j�
`���
� U � K
0
Z
C%� m'
q
aa.i i
��s�o� e a�
53 „ aW
'eoa���a.3o�
'<d"d'd
&<��m5898�8
tl�z
y
2Z
�Y
�
aa
d�
0
��m
�
,:y� 2 U
q �h
�IZ ip
��,Rer�� s� �
��� �`� �
�s� - � -
aa
° � z - � � A g��<�z -
�Q - ���
� � �
_ ir � �
___ O ��
�_ 1�,��
Exhibit 8
Notification Map
,� � ���
���µ,��������� ������ ���M �. �,.o,.�. ..... i
Public Notification Date: April 12, 2014 �� ,,, ,
�-�'�-���� ����� 200 fi. Legal Notices sent via certified mail: 14 ��
� ��� 7 .���x, ��.�������.��.��
500 fi. Notices sent via regular mail: 56
Number of responses to 200' Legal Notice
• In opposition: 0
• In Favor: 0
Neutral:
Exhibit 9
Site Photos
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0255, Version: 1
Agenda Information Sheet
DEPARTMENT: Economic Development
CM/ ACM:
Date:
John Cabrales, Jr.
June 17, 2014
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving an amendment to an Economic
Development Program Grant Agreement dated August 16, 201 l, between the City of Denton and GTM
Development, Ltd.; and providing an effective date. (Golden Triangle Mall Incentive). The Economic
Development Partnership Board recommends approval (6-0).
BACKGROUND
On August 16, 201 l, the City Council granted a program grant agreement for Golden TriangleMall (Exhibit 1-
Ordinance 2011-133). The original agreement is a 20-year rebate of 50% of the local sales tax generated above
the base year amount of $95,898, up to $9.5 million in grant payments. GTM must invest a minimum of $9.5
million before initiating grant payments, and must ultimately invest a minimum of $45 million (up to $60
million) by October l, 2014, in order to continue to receive grant payments.
In a letter dated March 20, 2014 (Exhibit 2), GTM owners requested a two-year extension to meet their ultimate
investment threshold of $45 -$60 million. As of the date of the letter, they had invested more than $35 million
with plans for an additional $4 million renovation for JCPenney. They have requested an extension of their
deadline to October l, 2016. Although eligible, GTM has not yet initiated grant payments.
The Economic Development Partnership Board has reviewed this request and is recommended a one-year
deadline extension at this time.
ESTIMATED SCHEDULE OF PROJECT
JCPenney renovations - Summer/Fa112014
Dillard's renovations - Winter 2014
PRIOR ACTION/REVIEW
The Economic Development Partnership Board discussed the request from GTM on May 6, 2014. They are
recommending a one-year deadline extension instead of two years.
The City Council adopted the initial program grant agreement for Golden Triangle Mall under Ordinance No.
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0255, Version: 1
2011-133 on August 16, 2011.
FISCAL INFORMATION
The program grant is performance-based. This amendment does not have any additional fiscal impact to the
City.
EXHIBITS
Exhibit 1- Ordinance 2011-133 Program Grant Agreement
Exhibit 2- March 20, 2014 Letter from GTM Development, Ltd.
Exhibit 3- Ordinance Amending Program Grant Agreement
Respectfully submitted:
Aimee Bissett
Economic Development Director
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
llcodadldepartmentsllegallonr documentslordinances1111gtm development Itd 380 agreement.doc
EXHIBIT 1
oxDrNANCE No. 2011-133
AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGR.AM UNDER
CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF
PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPNIENT AND TO STIMULATE
BUSINESS ACTIVITY 1N THE CITY OF DENTON; APPROVING AN ECONOMIC
DEVELOPMENT PROGRAM GRANT AGREEMENT WITH GTM DEVELOPMENT LTD,
REGARDING THE PURCHASE OF GOLDEN TRIANGLE MALL PROPERTIES AND
RENOVATION AND IMPROVEMENT OF AN APPROXIMATE 73.2 ACRE PARCEL OF
LAND COMMONLY KNOWN AS GOLDEN TRIANGLE MALL GENERALLY LOCATED
AT THE NORTHWEST CORNER OF I-35 E. WEST AND EAST LOOP 288 1N DENTON,
TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. �
WHEREAS, GTM Development Ltd. ("GTM") has made a request of the City of Denton
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, the City Council by this ordinance is establishing an economic development
program under Chapte,r 380 which will stimulate business activity in the City and promote the
public interest (the "Program"); and
WHEREAS, to effectuate the Program the City and GTM have negotiated an Economic
Development Grant Agreement (the "AgreemenY'), a copy of which is attached hereto and made
a part hereof by reference; and
WHEREAS, the City Council finds that the Program and Agreement promote economic
development and will stimulate commercial activity within the City of Denton for the benefit of
the public; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The recitals and findings contained in the preamble of this ordinance are
incorporated into the body of this ordinance.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement on behalf of the City of Denton and to carry out the City's responsibilities and rights
under the 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.
EXHIBIT 1
PASSED AND APPROVED this the ��
��(i— day of r � , 2011.
� � f� �
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
�
Page 2
A. BURROUGHS,
EXHIBIT 1
THE STATE OF TEXAS §
COUNTY OF DENTON §
ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH
GTM DEVELOPMENT, LTD
This Economic Development Program Grant Agreement ("A�reement") is made and
entered into by and between GTM DEVELOPMENT, LTD. ("Grantee"), a Texas limited
partnership, and the CITY OF DENTON, TEXAS ("C�"), a Texas municipal corporation,
for the purposes and considerations stated below. Grantee and the City are individually
referred to as a"P�" 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.
"Anchor Store" for the purposes of this agreement shall be defined as Dillard's,
J.C. Penney, Macy's, and Sears.
'Bli�ible Costs" means the cost of any improvements included within the categories
identified on Exhibit A. Costs incurred prior to the execution of this Agreement, with the
exception of the Mall Roof Replacement, will not be considered Eligible Costs.
'Bligible Sales Tax Receipts" means the total amount of sales tax received by the
City each month, during the term of this Agreement, as a result of the Total Taxable Sales
generated from the businesses located within the Property boundaries, less the Monthly Mall
Baseline amount of $95,898.
"Grantee" or "GTM" means GTM Development, Ltd., and its successors and assigns
as permitted by this Agreement.
Page 1
EXHIBIT 1
"Incentive" shall mean 15.83% of Required Investment. The anticipated required
investment of $60,000,000 will produce an incentive of $9,500,000 but may be less
depending on the level of Required Investment. The maximum incentive provided will be
$9,500,000.
"Initial Phase Completion" means the completion of a minimum $9,500,000 in
Eligible Costs within the Property boundaries. The Grantee must provide evidence,
satisfactory to the City that these investments were made toward improvements to Eligible
Costs.
"Monthlv Mall Baseline" represents the 1.5% General Sales Tax received by the Ciry
in 2010 from contributors located within the Property divided by 12 months and shall be set
at $95,898 per month.
"Monthly 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.
"Pro e " means appro�mately 73.2 acres encompassing the parcels described in
Exhibit B as "Mall Premises."
"Program Effective Date" means a date at least sixty (60) days following (i) the date
the Grantee provides sufficient evidence of accomplishing Initial Phase Completion in
properties and improvements located within the Property boundaries and (ii) a written
request from Grantee that Program Grant be initiated.
"Pro�ram Grant" means 240 consecutive monthly payments made by the City to
Grantee beginning on the Program Effective Date. Each monthly payment will be
calculated as a percentage of the 1.5% City sales tax collected by the Texas State
Comptroller with respect to Total Taxable Sales as reported in the Monthly Sales Tax
Report, less the Monthly Mall Baseline, all as described in Section 5.1 of this Agreement.
"Required Investment" means an anticipated investment of $60,000,000, but no less
than $45,000,000, on or before October 1, 2014, in acquisition, new construction,
renovation, and /or expansion of improvements located within the Property boundary,
Page 2
EXHIBIT 1
including but not limited to Property acquisition costs, deferred maintenance, Property
renovations, construction services, architectural and engineering fees, legal fees, leasing and
development fees, construction interest, fmance fees and interest on Property, tenants
allowances, retail or build out expenditures, anchor investments and all other documented
costs associated with the redevelopment of the Property. Investments made by others within
the Property boundary may count toward the Required Investment, with the exception of any
monies paid to the Grantee for the purchase of land and/or structures. The Grantee must
provide evidence, reasonably satisfactory to the City that these investments were rnade
toward improvements to the Property. Investments made prior to the execution of this
Agreement, with the exception of the Mall Roof Replacement and Defeired Maintenance,
will not be considered as eligible Required Investments.
"Total Taxable Sales" means the total amount of all sales from which sales and use
tax are collected from businesses located within the Property boundaries.
Section 3. Terms of Program Grants.
3.1 This Agreement shall be effective as of the date executed by both Parties. At
any time following execution of this Agreement and following Initial Phase Completion of
the real improvements (but not later than October 1, 2014), Crrantee may designate the first
day of any month to be the Program Effective Date by providing written notice to the City at
least 60 days prior to the requested Program Effective Date. The City will begin making
Program Grant monthly installment payments on the designated Program Effective Date and
shall continue to make such monthly installment payments for 240 consecutive months as
provided by this Agreement.
3.2 Upon reaching Initial Phase Completion and the Program Effective Date has
been established, the Incentive will be capped and is conditioned on the Required
Investment, which is anticipated to be $60,000,000 on or before October 1, 2014. If the
Required Investment is less than $60,000,000, but not less than $45,000,000, the Incentive
will be reduced pi�oportionally and capped as a percentage of Required Investment
demonstrated on October 1, 2014. The capped Incentive amount may be less than but not
exceed $9,500,000.
Page 3
EXHIBIT 1
3 3 This Agreement will terminate with respect to the Program Grant upon the
earlier to occur of (i) the date Grantee has been paid the full Incentive for the Eligible Costs,
or (ii) 240 months after the Program Effective Date regardless of whether Grantee has been
paid the full Incentive. Furthermore the Agreement will also terminate for failure to make
Required Investment by October 1, 2014.
3.4 If an Anchor Store leaves the mall on or before October 1, 2014 to relocate
within the City of Denton and the space does not redevelop with a sales tax-producing entity
within 24 months of becoming vacant, the Monthly Mall Baseline shall be adjusted to
account for the lost monthly sales tax from that Anchor Store property. The City of Denton
and GTM agree to meet to identify the appropriate amount of any Monthly Mall Baseline
adjustment by utilizing sales tax documents from GTM and from the State Comptroller's
office. The City, following such discussions, shall reasonably determine the amount of any
such adjustment.
3.5 If after an Anchor Store leaves the mall resulting in a reduction in the
Monthly Mall Baseline as described in Section 3.4, the vacated space is then reoccupied by
a sale tax-producing entity, the Monthly Mall Baseline will be increased by an amount
proportional to the original adjustment. The increase in the Monthly Mall Baseline will be
adjusted in an amount based on the sales tax for the new entity as a percentage of the
original Mall Baseline reduction. The adjustment will occur once a full year of sales tax
information is available for the new providing entity. The City of Denton and GTM agree to
meet to identify the appropriate amount of any Monthly Mall Baseline adjustment by
utilizing sales tax documents from GTM, the retailer, and from the State Comptroller's
office. An increase in the Monthly Mall Baseline as described in this Section may not
exceed the amount of the Monthly Mall Baseline reduction due to the Anchor Store leaving
as described in Section 3.4. The City, following such discussions, shall reasonably
determine the amount of any such adjustments.
Section 4. Installment Payments for Program Grants.
For each month during the term of the Program Grant, the Ciry agrees, subject to the
conditions contained in this Agreement, to make a Program Grant mstallment payment to
Page 4
EXHIBIT 1
Grantee on or before tl�irty days following the City's receipt from the State Comptroller of
the Monthly Sales Tax Report indicating Total Taxable Sales from the businesses located
within the Property boundaries. The Program Grant installment payments shall be
calculated as provided in Section 5.1 of this Agreement. Program Grant 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 completion of either the Initial Phase Completion and/or Required Investment
have not occurred on or before October l, 2014, the City, in its sole discretion, may cease
the Program Grant installment payments and terminate this Agreement. Grantee may in
such case retain any Program Grant received prior to October l, 2014.
Section 5. Calculation of Installment Payments.
5.1 Program Grant monthly installment payments during the term of the Program
Grant (as set forth in Section 3.1) shall be calculated as 50% of the Eligible Sales Tax
Receipts, as established by the most recent State Comptroller's Monthly Sales Tax Repoi�t.
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
monthly installment payments.
5.2 Any adjustments resulting from overpayment or underpayment of sales tax by
a retail business located within the Property boundaries will be reflected in the monthly
Program Grant 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 the Property boundaries,
the next scheduled Program Grant installment payment will be adjusted by the amount of
overpayment or underpayment. Should the adjustment result in a negative Program Grant
installment payment due, Grantee will remit the balance to the City within 30 days.
Page 5
EXHIBIT 1
Section 6. Other Grantee Obligations.
In consideration of the Program Grant, Grantee agrees as follows:
6.1 In the event of tenant turnover, Grantee shall diligently seek to obtain quality
retail tenants that are new to the Denton retail market. However, e�sting Denton retail
businesses shall not be prohibited from leasing retail space at the Property.
6.2 The Property will not be conveyed during the term of this Agreement to any
entity whose ownership of the Property would cause the Property to become exempt or
partially exempt from ad valorem taxes unless an agreement with the City to ensure a
program of payments in lieu of ad valorern taxes has first been agreed upon.
Section 7. Audits and Monitoring.
7.1 From time to time prior to and after Initial Phase Completion and reaching the
Required Investment level the Grantee will submit statement(s) of Eligible Costs for
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 which items on the
statement(s) constitute Eligible Costs or requesting additional detail if needed to malce the
determination of eligibility.
7.2 During the term of this Agreement, the City reserves the right to conduct
audits of the sales and use tax records of businesses located within the Property if, in the
sole opinion of the 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 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 Property boundaries 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 of the City, a complete fmancial
Page 6
EXHIBIT 1
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 fmancial statements prepared by an
independent certified public accountant. Upon request of Grantee, City shall provide copies
of Ciry records related to the Program 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 equiry
(including injunctive relief, specific performance, and suspending or withholding Program
Grant payinents); PROVIDED, HOWEVER, NOTWITHSTANDING THE FOREGOING,
(1� MONETARY DAMAGES SIIALL BE LINIlTED TO THE AMOUNT NECESSARY TO ENFORCE
SPECIFIC PERFORMANCE OF THE FAILED OBLIGATION; (ii) THE CITY CANNOT TERMINATE THIS
AGREEMENT UNLESS (1) INITIAL PHASE COMPLETION OF THE REAL IMPROVEMENTS DOES
NOT OCCUR ON OR BEFORE OCTOBER 1, 2014 AS PROVLDED BY SECTIONS 3 AND 4 HEREOF, OR
(2) COMPLETION OF THE REQUIRED INVESTMENT DOES NOT OCCUR ON OR BEFORE
OCTOBER 1, 2014 AS PROVIDED BY SECTIONS 3 AND 4 HEREOF, OR (3) ANY OTHER
MATERIAL DEFAULT NOT CURED AS DEFINED IN THIS SECTION.
Section 9. Mutual Assistance.
The Ciry 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 performmg 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
Page 7
EXHIBIT 1
City from and against any and all claims, suits, and causes of action of any nature
whatsoever arising out of Grantee'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:
11.1 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 Agreement and to carry
out its obligations hereunder;
ll.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;
11.3 The City lcnows 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 Agreeinent;
ll.4 This Agreement constitutes a valid and binding obligation of the 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:
Page 8
EXHIBIT 1
12.1 Grantee is a Texas limited partnership duly organized and validly e�sting
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, upon acquisition of
all or a portion of the Property;
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;
12.3 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 improvements on the portions of the Property that Grantee may acquire. This
Agreement constitutes a valid and binding obligation of Grantee, enforceable according to
its terms, except to the extent limited by banlcruptcy, 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, developrnent, and/or construction of
the improvements required by this Agreement may be provided, in whole or in part, from
time to time, by one or more third parties, mcluding, without limitation, lenders, major
tenants, equity partners and purchasers or developers of portions of the Property
(individually, an "Interested Partv" 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 of this 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
Page 9
EXHIBIT 1
any Interested Parry 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 docutnent evidencing that this
Agreement is in full force and effect and that no event of default by Grantee e�sts
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 Interested Party, consistent with the provisions
of this Section 13.
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 of the Development Code of the City of Denton.
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. Except as specifically provided otherwise in this Agreement, any
alterations or deletions to the terms of this 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 Pai-ties, their
respective successors and assigns. Grantee may assign all or part of its rights and/or
obligations in or to ot• under this Agreement upon written notice to the City of such
assignment. The City may execute an amendment to this Agreement evidencing the
Page 10
EXHIBIT 1
assignment and the City's execution of said amendment to the Agreement shall not be
unreasonably withheld or delayed. Notwithstanding anything contained herein to the
contrary, Grantee may assign this Agreement without the consent of the City, provided
Grantee retains more than 50% of the controlling interest (whether by stock, partnership or
otherwise) in that portion of the Property that contains the mall. In addition, without the
consent of the City, Grantee may assign this Agreement to any lender ("Lender") providing
a loan to Grantee and Lender shall be entitled to succeed to Grantee's rights under this
Agreement if Lender obtains title to Grantee's portion of the Property by foreclosure or
deed-in-lieu of foreclosure. Lender may assign any rights so acquired to a purchaser of all
or a portion of the Property from Lender following any such foreclosure or deed-in-lieu of
foreclosure; provided, however, that such assignment by Lender shall be subject to the
provisions of this Section. If an assignee agrees in writing to be bound by the terms and
conditions of this Agreernent and executes an amendment to this Agreement stating same,
the assignor shall be released as to the obligations assigned but not as to any obligations or
liabilities of the assignor to the City that arose prior to the assi�nment.
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 cornpany (e.g., FedEx or UPS) with evidence of delivery signed by anyone at the
delivery address.
If to Grantee:
Gar Herring
The MGHerring Property Group, LLC.
5710 LBJ Freeway, Ste. 450
Dallas, Texas 75240
Phone: 972.448.0200
Fax: 972.448.0248
Page 11
EXHIBIT 1
With a co�, ��
Herbert D. Weitzman
GTM Development, Ltd.
3102 Maple Avenue, Ste. 350
Dallas, Texas 75201
Phone: 214.954.0600
Fax: 214.953.0866
If to the Citv:
City of Denton
Attn: City Manager
215 E. McKinney
Denton, Texas 76201
Phone: 940.349.8307
Fax: 940.349.8596
With a co�v to:
City of Denton
Attn: City Attorney
215 E. McKinney
Denton, Texas 76201
Phone: 940.349.8333
Fax: 940.3 82.7923
Section 19. Venue.
The obligations of the Pai-ties 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.
Section 21. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws and
court decisions of the State of Texas.
Page 12
EXHIBIT 1
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 it is the
intention of the Parties to this Agreement that in lieu of each provision that is found to be
illegal, invalid or unenforceable, upon written, mutual agreement of both parties and
approval of the City Council, a provision be added to this Agreement which is legal, valid
and enforceable and is as similar in terms as possible to the provision found to be illegal,
invalid or unenforceable.
Section 24. 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
obligations under this Agreement, then the respective Party's obligations hereunder sha11 be
suspended during such period but for no longer than such period of time when the Party is unable
to perform.
Page 13
EXHIBIT 1
�!� �� ��
EXECUTED and effective as of the � day of , 2011,
signing by and through its Mayor, duly authorized to execute same by action
Council, and by Grantee, acting through its duly authorized officials.
.
1 i� /. .'I � � � �1 � � �
_,- - -
j, , . �. . . . .
APPROVED AS TO LEGAL FO$M:
� � ' ,�
A BURGESS, CITY TTO Y
C Y OF D NT , TEXAS
MARK A. iJRROUGHS YOR
GRANTEE:
GTM DEVELOPMENT, LTD.,
a Texas limited partnership
By: CHV Management One, LLC
a Texas limited liability comp
General Pa r
B � Ci'�
Y�
By:
Page 14
by the City,
of the City
�
EXHIBIT 1
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the/��day of , 2011, by
Mark A. Burroughs, Mayor of the City of Denton, Texas, on behalf of sai city.
.�"pv r���
;o�.,, 8;.,,, JENNIFER K, WALTERS
-�;' '°: Notary Public, State of Texas
=�., :: My Commission Expires ary Publi n and for the State of Texas
�;;,lFa��E;�°� December 19, 2014
1 My Commission expires:
~ a- l
STATE OF TE §
COUNTY OF j� §
This instrument was acknowledged before me on the � day of , 2011, by
Herbert D. Weitzman, the Manager of GTM DEVELOPMENT, LTD, a Texas limited
partnership, in its capacity as the General Partner of CHV Management One, LLC, a Texas
limited liability company, on behalf of the limited partnership and the limited liability company.
.``�r�°'��. RISTINA DAVIS • y"�VV �
,, �' , C H
:_°� ' '`•� : Notory PubliC, state or rexos Notary Public, in and for the State of Texas
;,; . My Commission Expires
%:;+Fni�E:�'�' OC10bef 21, 2013
"������"' My Commission expires: � ��� 11
STATE OF TEXAS §
COLTNTY OF'�,vl� §
This instrument was acicnowledged before me on the � day of , 2011, by
Gar Herring, the Manager of GTM DEVELOPMENT, LTD, a Texas limited partnership, in its
capacity as the General Partner of CHV Management One, LLC, a Texas limited liability
company, on behalf of the limited partnership and the limited liability company.
; � ' [..z.� /(J�/��'d
"�����"' CHRISiINA DAVIS Notary Public, in and for the State of Texas
� : �nrro��.
� o�,.• ��.
;;�� '^4 Notory Pubfic, State of Texas
,J � • ��ti,: M Commission Expires
� ''i��jF..`Ey`�
V
��,,,�;,,,,, October 21, 2013 My Commission expires: 1T /�
:,..�
Page 15
EXHIBIT 1
EXHIBIT A
CATEGORIES OF ELIGIBLE COSTS
Categories of Eligible Costs Estimated Costs
Mall Roof Replacement (completed) $2,000,000
Parking Lot/Site work $1,650,000
Life/Safety Systems $300,000
Site Signage $400,000
Landscape & Irrigation $300,000
Mall Expansion, Exterior Facade Rework & Entrances $2,200,000
Interior Common Area Upgrades $2,400,000
Open Space Project 300,000
Development Fees $250,000
Anchor Store Infrastructure $6,000,000
• HVAC
• Roof Replacement
• Parking Lot Resurface
• Site work Modifications
• Landscape & Irrigation
• Exterior Fa�ade Rework & Entrances
• Structural Additions (excludes interior finish-out
TOTAL $15,80a,000
The actual cost of any individual Categories of Eligible Improvements may vary from the
Estimated Costs shown on this Eachibit A. Grantee has the right to adjust individual line items of
Estimated Costs of the individual Categories of Eligible Improvements.
Page 16
EXHIBIT 1
EXHIBIT B
LEGAL DESCRIPTION OF THE PROPERTY
BEING ALL OF LOTS 1-6 AND LOTS 8-10, BLOCK 1, OF THE REPLAT OF GOLDEN
TRIANGLE ADDITION AS RECORDED IN CABINET B, PAGE 124, OF TI� PLAT
RECORDS, DENTON COUNTY, TEXAS, ALL OF LOT 11, BLOCK 1, OF THE FINAL
PLAT OF GOLDEN TRIANGLE ADDITION, SECOND FII,1NG AS RECORDED IN
VOLUME B, PAGE 350, OF THE PLAT RECORDS, DENTON COLJNTY, TEXAS, ALL OF
LOT 12R AND LOT 13, BLOCK 1, OF THE MINOR PLAT OF GOLDEN TRIANGLE
ADDITION, SECOND FILING AS RECORDED IN DOCUIV�NT NO. 2009-210, OF THE
PLAT RECORDS, DENTON COUNTY, TEXAS, AND ALL OF LOT 7R AND LOT 14,
BLOCK l, OF THE AMENDING PLAT OF GOLDEN TRIANGLE ADDITION AS
RECORDED IN DOCUMENT NO. 2010-127, OF THE PLAT RECORDS, DENTON
COLTNTY, TEXAS.
Page 17
i��:u:�r�
GTM I7EVE�(�PMENT, LT.�"
Nlarch �0� 2��.�
�li�rtee Bisset't
�]irectcar pf ECtanvr°nac p�euel�apm�n�
Crty of [�ent�r�
2�S E. McKir�ney
l7entran, 1`exas 76201
Re: Ect�nom�c C�evelapment Program Grant Agreement with GTM Devel�spnne�t, LT[7
�� Desr A��re�... _.. _ _. . _.. � _ �.M, ..._. . w � .. ......... . ...... . �.�..,_._. .. . ._ .._. . .__ ..�.... . �. �. _� .�..._�.. _...: . .. ...:.� .._�_wm._
W�II, t�t� mc�men��um at Gcrltlen Triang�e M�II just k��ps b�uilding! C1ur` aroteri�r arrd ext�a�iar r��rric
r�navat�crn v�rvrk is 99'� carr�p9'et�. The f�aat% ccrurt �s c��er�, ��ur �ew p+�lvr� sigr� �ar 288 �as b�e�
compl�te�d, a�d the �rew pylon s�,�rr ft�r I-35E is air��ast corr�pleted. New st+�res �u�kle, �harl�tt� Russe,
B��y Cen��al, �ra rmag� Sparts are op��a and a new Z�unniez st�re �s ur�der' c�nstruct�c+rt. Wict�ri�'� 5�cret,
ihe Limited, f'ay@�ss Sh��s, Spencer"s Gifts ar�d Hitabett's Sp�rts ��v� r'�rno�eled and �pdated tk�eir
steores, �3ver $4,�}aO,C�OQ� w�ll be spent far J�CP+enney t+� �c�mpletely renavat� their stare insid'e �nd aut �h�s
�+ear, �i�w eq�iprryent �r�uides free Wi-Fi rec�pti�an thrau�hr��� the r�a�! a�a� �u� se,�t�ng areas have
�ee� r�pgr�ded �la�ng with charging statirans, Th� ren�avated play ar�a is nowu �a�ple�e ��d h�s ��ee��a
very w�ll rec�eived. W�13 aver $35,(�q0,0(�p �as beer� spent t4 d'�te,
Vli�ail� a� �eaSC °[�e $60,Q0�,�14�1 requw�ed ir� our Ecc�nomic 17ev��'opmenC �rar�� Agreemerat vv�ll' �e
�nrrested, w� are requesting tt�at �ection 3 of the A�reerra�nt be �m�nded tc� a�low f�r �� �exce�as�a� �f
t�l� QCtb�E'i 3�., ��14 Gl�'�fid'I�I�!'�Oi Call'1�3���ICN�; I�1���8'� P�t�SI' IuO�"11�A�"tlp(� ��t7 �CtQ�£i �1, Zf�,��„ Th�' I"��SffY1
for this ���q�e�t �s d�� t� the °Fact that rna�y +af th� retailers w�th uvho�n vw�e have been ���atiatin� i�
��ther apen r��rn� st�res �r �errr�cad�� thei�° �xisting st�res h�v� e�presse� u�n��rtainty �ver mak�n� any
ca�rnitm�r��s �ntil �t��ey �n�vr the status �f t7il�ar�"s rer�aining at +��Iden ir�ara�l� N1ad� �r rr�avAn� t�
,�n,�ther loc�ti�ar�� Altho�agh we haue ,�ssured therXa th�t sh+auld pillar�i's leave +�nld�ra Trian�l� N���I th�t
we v�►ould re�la�c� therra wit� ant�ther dep�rkr�ent �tvre c+r c�the�' big, box r�tailer, th� resp�ans�e r�v� k��ve
�eeeiv�d is �hey will wait to �e� wha�t �appens be�ore �nakrng a+dec�s�an. The rese�lt is thar �raany r�ta�lers
'�av� �Iready ca�nmitted fr�r the�r 2+��.� �expan5it�r� b�d��e�s a�c� wil� no� make the additia�n�N c,api���
comnn�tment �ar new �r rem�de�ed stares �ntil �C11S �rr 2+�1�,
�'hank yc�u far th� corrtir�uin� su,pp�rt tf�at ycau a�ed th�e City vf �e�t�tn have pr�vid�d ta �ur ��f�r�s t�
r�r�avate an� revive Gvlde�r� Triarrgl'e Mall �r�� �r��ng �nt�r� saAes tax r�venu� and ja�bs c+� C�ent�w�. We
appreciat� �I� �he assis�ance y�u and y�ur �ffi�e hav� ,provided and la�k f�rward �o e+�ntinu�n�, th�
public/"pr�vat� partr�ership �vi�� th� City �f C��ntc�n t+� kee� rncar� sa��s tax dall'ars in ��rrtan,
. �' �
n �� ,�� � � ; ��u ( �+ ,
,, , ,
. ,� .
: � • �
:$ �i�� 14�ls�plt r"1V�t1Uc Slitt�' ;i,17 C7;��Itia'+, °F"cx�5 % T�i.11 214.`1v 4.(�(iC?�l� fxx Z l«�.'r15:i,���aC3
s:Ueg�tl\ciur docurnents\Crrdin��i�ce�\14\exh�it�it 3- c>r�lia�a���ce amendir�g gtrn grant a�reeinent.dt�cx
OE2I7INA1'�CF., NO.
AN C7RDI�'�1ANCI; OI� THF CITY C71� DEN1"C1N, TEX�S A�'F'R(7VINC�; AN AMl_;NUMC:�I"I'
TO A:N LCONOMIG DFV�;I.,OPIVI�;1'�T PROC�RAM CsRAN'T' AGREE;MI;T�I°T I)A1"�;D
AUGtJS'T 16, 201 L BF;T�WF,FN� THE GIT"��' O�� DZN�TOI�� AND C�I�'M DL;V��LOPM�:�I`�'I', LT'I7.;
AND PROVII71NCi AN E��FFC'I,NE DA1,E.
TI-fE COUI'�CIL C7F "I'I-IE CITY OF L7I:;I�1°1'C7�V �-�L?RE,F3Y C7�:DAII'�IS:
SECTION l. The City 1Vlanager, ar his designee, is hereby aut}�orized tc� ex�cutc an
�z��endment tc� Ec�n�mic Devclopmctit� Prc�gram C:�rant A�,�reement (the "Amendm��at"), in
substantially the fcrrm c>f th� ,�1n�endn��;nt which is attac;hed he;rct�� and m�ld� a pa�rt� cy1' tliis
ardinance for all purpc�s�s.
SEC;"I'IC)N� 2. "f'h� C�ity Ma7�a�;er, c�r l�is desi�;zae�, is au%hc>rize�c� tc� exerc�ise t�r�; C���ity c7f�.
I7�.t�ton's rights a��d dut�i�s as set fi�rth in the Amendment.
SEC'1"ZCJN� 3. `I'�his arc�inance shall b�ca��e effective im��iediate;ly �zp�n its �G�ssa�;c and
a�r�roval.
PASSFI7 �1NI� A�'1?ItOV��,D t17is th�; day af� _, 2014
CHfi.IS WATTS, MAYOR
�ATTES"T:
JENNIFER WA:I,'i,ERS, C'I'TY SECIZETARY
�
A�?I'IZOVED AS "I,O LF;C1�L FC)I2M:
ANITA I3tJFZG];�5, C�I'I'Y ATT(7RN1=;1!
�.� _�...� ,�
� .�� ��m
.� � ,
� ,. �� .�" �-
E�Y: ��� .���� �' � ,�
��
. ......... _ _ w..�_.,....w _�,.m,� „., „, „,,..,„, ..�,,.�.�,„ ,„ ,„ ,„ ,.�,� „, „„.�„..W ,�,„�,� ,�,�„,,. .�,ww�w ww,� ,�,�,w��uemwwu�mn uwnn wmm m wumm uu�uu�nm m�wmmwwwmwwwwwwm�w
, I 2
s:A]e;garl\e7ur ci��cum�nts\ca�7tracts\l4\a�r7er�drnent tt7 gti7z a�r.d�>c
s�r� r�; o� T�x�.s
C�OLJNT`►� Of� L7ENTC7N�
fi
�
�
�MENDM�;N"I, 'I'O EC`'OI`�OMIC I�EVEL()PMENT PROCF2.AM GI�'�,t�tT ACiE�EEMEN"T
WITH (iTM DEVEI.,(7Plv1ENT L"I"L7.
"This Am�ndment tc� the ��conornic L7evelopmez�t Prograin CJra�7� A�;r�:�in�nt with C�"T'M
Development, I��td. is made and ent�;red into as oE the _ day ��f , 2014, by Cr'�I'M
DEVelcrprnent�, Ltd., and the C�ity af I7entr�n, Texas, a�1"exas mullici�al ce7r�pc7ration (t�e "City"),
Grantee and the City are individually referred ta as a"PaTtY" and collectively as the "F'arties."
WHEI��;AS, on Au�ust 16, 2011, Grantee anc� the City entered inta that cei�tain
Economic L7evela�ment I'ragram C'Trant Agreement with G"[,M Devel<7pment, Ltd. (t1-�e
"A�reeme�nt"); a�nd
WI��FRTAS, ca�italized tcrms used ���t nc7t ci�f�ined ir► this Amei�dmei7t shal� have the
meanings givc�n to tl�en� in the Agreement; and
WHF.,I?,F;AS, the I'arties desir�; t� amend the Agreenxent t�> ex�tcrr� t�hc inv�;stmc�ni� dcadline
t�o (7ctcrber ] , 201 S;
I"�1�OW, T�IEREFO���, �far �;oad and valL�able consideraticm �he i�eceipt anc� ar�equacy c7f`
which are hereby ack.naw]ed�cc�, the }'artie� a�;ree to am�nd the Agreement as f��llcrws:
l. L7eadline. All r�f`eret�ces i�i the A�reement tc� C7ctabcr l, 2Ol4, ���re her�by
amended tc� r•c�ac� Ocfic7b�r 1, 2015.
2. I3indil� F,ffect. This A�nendinent will be �inding �G�c>n and will inu.rc to the;
benefit of�the �'arties anc� their respective successars and permi:tted assigns.
3. Caunter�arts. Tl�is fln�endm�;nt may be executed in one; c7r rnore cc�unter��r��rt
capies, all c7f wi�ich will constit�utc� and �e ciee�xne,d an ��ri�;inal, but ��11 crf whicl� tc,�;e:tlzer will
consfiitu�e one and the san�e instl°un�ent bindin� ��n i�he P'arties. I:)elivery by facsimile c�r
electrc>nie mail crf tl�is Anlenc�ment or �n executec� coc�nterpart hereaf will be deeincd a gc�od and.
valid execution and delive,ry herec7f.
�:Alegal\<>ur dpc�iments\canfr�zcCS\l4\�uri�ndrt�esri� to gtm �gr.cloc
GTM I)EVFLOPMENT, LT�).,
A "I'�;xas limitecl parttiership
By: CHV Mana�;�e�netit One, LI_,C
A T'exas lin�it��c� lia�ility c��inpany,
C'�en�ral Partn�r
Page 2
�
�y:
F-�Ierbet�t� D. W�;it�rman, Nlan��er
Gar Herrir��;, Mana�er
s:Ale�al\c7ur cl<>cu�t�enCS\cont�rt�cY�s\14\a��nendmcnt to �k�rr� ��r.dc�c
ACI{NUWLF.DGMFNTS
STA'I,E C)F §
§
C(7U1�ITY OF §
Z'his instrument was ACKNOWI.,I:;DGF�T) be1'ore me on _, , by
I�Ierbe�rt D. Weitz�man, the Matia�er c7i` Ci"1"M DEV�E�LO�?ML',N�T, 1�.,`I'L�, a T"exas limit�d
�artners�hip, in its capacity as the Ge;neral I'artner of C�-�V Nlatla�Lment On�, LI.,C, a Texas
limited Iia�ility cr�m�any, an behal�f oi`the limited �partnershi� anc� the limited lia�ility cc�7npany.
Notary �'ublic
Printed N�atnc c�fi Notary �'ublic
[SFAL]
My C;c�mmission Expires:
STATE OF §
§
CC7tJNTY (JF �
This instrument was ACKI`�IOWLEI�GEL7 1�efore me an ,____, �y
Ciar Herrit�g, the Manager af� GTM DI:V�;LC7�'M�;I'�i"I", I_,�I�D, a"T'exas limited partnership, in its
ca�pacity as the C,�eneral Partner crf CI��V� Man��;ement Onc, LLC, a T`e�xas l�imit�r� li�l�ility
colnpany, on behalf crf the 1in�ited partnership and the limited liability cozn�7any.
�sr�LJ
My Commissic>n F�,x��ires:
�'age 3
Nc>tary �'ublic
Printed Name af Nc�tary Public
s:Al�:gal\�>ur tlocumerits\c<>ntracYs\]4\�mendi��ci�t t« gtcn ���r.clow
C;ITY OF DEI�TON, TEXAS
C'xEOF�GE C. CAMPBELI,, CITY MANAGE�
ATTEST:
TENNIIi'ER W�LTERS, CITY SEC'RF;1'ARY
�
AI'PIZC)VEI7 AS 1"O LEGAL F"ORM:
ANITA �3�JI�GF�SS, CT"I"Y E1'I"'�l C7RNF;Y
» �� �
�:�_� ~��-� �„�=� ��
BY�: ��� ����,��, � ,��
R���, w�
�
ACKNOWLEDGMF.,NT
STATF OFf TEXAS �
§
CC)LTI'�1TY OF DElri I'ON §
This itlstrument was AC`'I4NC7WLI:�;DGE1J b�#are zne on , , 1�Y
C.��ec�r�e C. Campbeli, City Mana�;�:r c��f tlle City c7�f I�entc�n, I'exas, �n behalf of the C:ity af
Dert�tc�n, "I"exas.
[SEAL]
My Con�mission Expires:
I'a�;e 4
Nc�tary I'ublic
I'ri�ated Name c�f 1`J�otary Pul�lic
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0256, Version: 1
Agenda Information Sheet
DEPARTMENT: Economic Development
CM/ ACM:
Date:
John Cabrales, Jr.
June 17, 2014
SUBJECT
Consider appointing a nominating committee to recommend appointees to serve on the Economic Development
Partnership Board.
BACKGROUND
Economic Development Partnership Board (EDPB) members serve two-year terms and may serve as many as
three terms. The ordinance establishing the EDPB requires that the City Council appoint three persons to serve
as a nominating committee, to include two City Council members and one person who is a member of the
Chamber of Commerce. The nominating committee members who appointed EDPB members in August 2013
were Mayor Pro-Tem Pete Kamp, Council Member James King, and Chamber of Commerce member Hank
Dickenson. The Chamber of Commerce has requested the appointment of Marty Rivers as the Chamber
representative on the nominating committee.
The committee is asked to confirm with each potential nominee his/her willingness to serve. The nominating
committee will then make its recommendation to the City Council for appointment to the EDP Board at a future
meeting.
The ordinance requires that EDPB members must fall into specific categories when they are originally
appointed to the Board (see chart below). City Council members and Chamber of Commerce Board members
may be reappointed to two additional consecutive terms even if they no longer serve on the City Council or
Chamber Board. The City Manager, George Campbell, the President of the Chamber of Commerce, Chuck
Carpenter, and DISD Superintendent, Jamie Wilson, serve as ex-officio members and have no defined terms of
service.
Current EDPB members are:
:DP Board Member
Tirgil Strange, Chair
Jreg Johnson
✓Iark Burroughs
)alton Gregory
im Fykes
nber of Commerce
nber of Commerce
Council
Council
op 20 Taxpayer
Expires
15
14 (eligible)
14 (not eligible)
15
15
City of Denton Page 1 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0256, Version: 1
Caleb O'Rear Top 20 Taxpayer 2014 (eligible)
President niversity of North Texas
Cleve Breedlove Aviation 2015
Carrell Ann Simmons At Large 2014 (eligible)
Mark Burroughs has now served three two-year terms and is not eligible for reappointment this year. Greg
Johnson, Caleb O-Rear, and Carrell Ann Simmons terms will expire but are all eligible for reappointment.
ESTIMATED SCHEDULE OF PROJECT
The Nominating Committee is respectfully asked to report on their recommendations at the July 15, 2014
meeting so that newly appointed or reappointed EDP Board members may begin their terms in August.
EXHIBITS
EDPB Ordinance
Respectfully submitted:
Aimee Bissett
Economic Development Director
City of Denton Page 2 of 2 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
Exhibit 1
� a� � �,• %�l� ..» �r�A"
� ���y � � • . � w .',
�r r � •� ... . � . , , ..,� � ,
'v'�J�IE7:�1��, t�7e City ��runcil af �i�y �s�`]��raxaa�, T'�xas has ��t��`zn�r�ed t�a4 bt i�
b�n��"i�aal ��c� �n th� �a��bl�c i�t�r��t to �stab��sh an ��a�a�arzai� 1�evela�ra�e�t �'artners�i�p
�3aaxd t�a pz-r�vidc ecc�nc��ni� devel�pmcnt �ta���y �;l�i�a��c� f�r t�ie �i�yp NC)'v'r�,
I'�TE���'r�,
THE �C1U�C�.L. �� '��-�E ��T"`Y �7�' 1�EI'�T"Tt��,t, ���,,�.5 �E�.BY �RI�ATT�T�:
a��"i`I(J�T 1. �"ind���s.
Th,e fi�d�n�,s c�rn�ai�ed in th� �az`eart�t�le caf'thi� eard�nar�ce �r� a�cc�rp�ar�te�l i�atr the
l��ady° af this �r+���'aanc�.
SE� �*��!Iw5 '�.. Tk�� �ati� c�f ��'dinancc� �f t��� �;ity af ]�ez�ta�i is h�z°�:�y am�nc��d
t�r a�cl .l�r�ic1� T� ��'C�apt�r 2 io r��cl as �'ollows.
� i . � . .� . I .i, i �. 11� ,,I � F �, :� .c.. _.. ..{G
i� �IR �
���» 2-�51, Cre��a��, l�er�be�r�, t��;a�i�'i��t�ar�s, an� Tea�are,
A. '�"h�r� is l�er�b� cc�eate� ���ty c�f` ��nt�a�� b�ard �nt�t��d t�e ��r�tt�n
Eccanr�nzi� I�e�^�1r�pz�ae�at l��z��ersh�p �aar�l (t�� `"��ard"�. T"1�� �a�rd sh�,l� ��+ns:ist �f
s��w�r� znea�7'��r�, The l�ca�z'd �nernbe�s shall l�� �,ppc�in�cd f�+z° �v;�o-y���r t��ms �xc��at that
�"c��.��° rn�rz�'b�rs s�ia11 a�ly se�a� a ane-year �e��ru ��a' t�ae�x �rst t��'rz�, T°h�r�aft��', �`QZ�r
mert°abers �h�ll �a� �.p�aai�t��l �"�r a tti�ca-y��� tez�n in t1�� t;vet� n.a�rn��re� y�ars �s�.d thre�
m��x-�be�s sk��all b� ap�+al�ted �'a�' �� tw�a�-�e�r term �a� �he racid �uztaber�cl years. Nra �n�rrzab�r
sh�ll s�z�ve mc�r� tlaaa� th�ee �+�z�secutive tcrm� �xc�p� �'o� the Pr�s�u�en� c�f t�e QJniv�rsii�
c�f Iw3�rth �°�xas (`<�"I"°�, t�r l��is d�signee, '�°��r rr�ay s�z`ve us�limit�d t�rn��,
�. The ��r�rd n��zn1aers sh�ll b� ��iptsi�i�ri �ay t��e �ity C�auncil �z1d s�al1 ser�r�e
at th� ��ty �ourac�l's p1��s��r�. '�"� ��d t�� �ity ���.�ncil i� arnal�i�g �pp��ntm�nts tc� �he
B�aa°�l th� �ity ����n�il �i➢,1 �ap�a�aizx� �wQ �"ity �c�un�i1 z��n�bers an.d �ar�� ������1��r af
Cr�mm�rce �"�l�am%�r") rn�a�nb�r ta �ct as � ��rn�a�atin,� �orn�r��t�e (th� "�Comna.itte�").
Tl�e Ca��z'n�t��� ���'ib�zs a�e q�alii"ied ��r appca��trn��t ta t�� Board. T�e �ity :�a����r
�n.d J�r�sid.�nt c�f th� �I��rb�� �ill scrr� as �d �.t�c n��-vc�in� rr�er�zb��s a�" the
C�s�n.naitte�. "�"�� C�mmit��e ��ri�l s��icit r�o�ina�ians� cor�ta�t n�mir���s �aa r�late dut�es
anc� respc�zasi�a�l�ties �nd ta ca�fa�n wa:llingne�s t�s s��✓e. Th� �3��r� wi11 s�alica�
reccrra7sn�z°�d�tics�� �rr�z�� �1z� C�aar��k��r'.E�cr�z'd cafL7irc�tr�zs �i�ad tl�� Pr��id�nt �a�`Ul`�T. A�'ter
ev�iu��i�� ���� r�c�rc��nendc�3 ��ar��a���s the ��z�ax��tte� �wi1� pa��.s�nt �� t�� !�i�y Ca�a�ci1 �
sl��e of �c �.�d r�arnin��s fear City� �QU�-aci1 ����°�+v�l.
�
�
�
Exhibit 1
C. fi3��vait�ZStandi��� ��y�hir�g cazltained h�rein t� t1�c �caz��rary th�
m�rr��aez�ship m���-u� c�f"t�i� B��r� s�aaQl cm�ns��� �f t�� foll�win�
"��wra �n�ml�er� �r� th� I�oard �laaYl �Se �it� ����n�il z�er��b�r� afi the
time ��' t��e�r �p�aiza�m�x�t �� tl�.eiz �a�agir�al t�rm. '��°l��y m�y serve
�,ut �11 �lxa�c� tez��s, ev�n i�" th�y are �� lr�n��r nae��ae�s t�f th� �ity
�c��t��ci� after t�� cari�in�l �.�rpointn��n�G as l�rtg �s they ��ntin��usly
��z�� thro�a���ut th� thr�� tear�ns. �'h�y rtr�ast t�e xesi�d�nts c�� th�
�it� ��1�en�r�n.
2. Tevo rr��z'rt�a�rs �f the F3aard sh�l& b� �nerr4b�rs af t�� C��rri'�er
��o�a-r� ra� �ire�taa�s (`°�h�m1�er �a�.rci") �t tk�� t�m� caf thear
����iintr.�ea�t �c� their arz�ir��l t�rza`�, T1zey� �n�.y s�;z`�^e �az�t �11 ti�.r��
t�z-�r��, �v��� if tiaey �re z�� laza�er r���-n�a�rs a� tk�� ��arr�b�� B�a�d
��t�r t��e �rri�ira�l a�porr�t�eni as 1an� a� t��y ��nti��.����:ly serv�
�h�+�u���u� �he ik�r�e t�rr�s. Tk�ey m�s� r��ide c�r wcar� an th� �ity ra£
L�,�tcrn. 1"�ae �1�amb�r T��aaz•d wi11 ��cr�m�ner�d ��� t�r� nc�rr�ira�es
frar ���sid�ra���t� by t��m� C�z�mit��� ��d ����av�� '�y klae �"it�
�ouncil.
�. T�o z���m}�ers wi�l ��, s�a° �a� �rriploy�d 1��, � tap tw�nty �:ity �af
l�ento� acl va�ax�zn ar sal�s ��� ��.y�r. 5��� �n�a�b�rs �ri�st �°�s`sd�
�r�r��1� �� the ���y �a�"�e�tan,
q.. Q�r�� x�crr�b�r �ra�ll l�� �he �resid�nt e��" �T �r � UN'�` f�culty ar
st��":f rne�b�r c3�sa�r�ated by tka� �`residez��. a'�.ti�h �°n��-n��r n�er� n:cat
r�szde in t��� City of l�!ezatan �s�c1 as nat r�stncte� to th� tky:re� term
�iz�azts. H�wdev�r, s��h tnerrilea� ��st be app�rint��l. by thc ��ty
!��aunci� f'ar ea�� tcrn�.
Z7. T�x� B��r� shall ��e�t �ts ch�iapersc+n �pzcl vace-c�airp�rs�� fr�rm �n�rsza� �ts
��emb�ars whc� �l���l ����e �or �rae-y��.r �ez�z�s a�r ur�til �is Qr h�r successc�x is el�ct�d �az
�u�1i��c3, Th� ��rard m�y rem��a� and r���l�ct � c1��:�rp�rs�an crr �ace-chairpez°s�n at
anytiaz�e with �zs affinnativ� ��t� ��' �� l�ast �v� m����rs.
E.. 'T"h� :D��t�rra �aty �aa���er an1 ��1� ���nib�r �'z°�side�t shall �ae ex-�fficio
���rrib�rs af th� B�r�rd.
F. �o�r�l m��nb�xs sh�ll s�:��e r�vithout cc�ra���c��sa�ica�., �s��rc� za�ez��b�rs may be
a�lcaw�� aut-c�i pr�c��t ��g��¢�se;� ��� ��t��'i�i�s �r�z��'arr��d iz� �urthe��.n.n�� �af t1��ir duties �c�
the �aa�d. Suck� ex�a��ses must �a� �rr�-app�c�v�d by t�e �i�y �Vl��ra��r i�" p�.�d �ar �rut af
��ty� fiu��s, nr t�e �laarn�aer �r�;sid���� i�"�aaid ia� �ut ��" �h�mb�r fatrads.
S:OCiur I�c���mcntslClr�in�nces'�fJ31�:T7S" C1r�iosaauice,dac.
���e z
Exhibit 1
��ec. �-252. fi��eta:�gs.
T�� B�rard sh�.11 rri��t az� � r�gular basis �nd �a l�ss ���r �n a qu�rt�rly b�sis.
Iv�r��tx�ly m���in�s a�� e�c�ur���c1. '�'he �hairpers��, v�ce-cliair��rscan az� ��y tk��e l�aarcl
m�rrab�rs n�a.y c�ll �ny r���l�x �r ��aeci�.] rr�r��tir�g. I'�a�xce ca�"the �ee�isa�s sha�i ia� pc��t�d
and ca�duct�d ir� �����d�nc� with t�� �c�:�� C7p�n l�eetin;�s 1a�, be�ng Ck�apter 55� oi
th� G�vem.a�e��t �ad�, as �a°�.��d�d. .A r�ajori�y a�" tl�e qual�fied v�ting �ez�t�e�°s c�f fhe
�r�axd s���ll ccrnstitu�e a quarum f�r th� tr�sns�ctio� +�f bu����:�s at any n�eet�n,� c�f tl��
�3aard, Ti�� a�t c�� a z��joriCy �rf �h� qu�.lified vcrt��� rz�er�bers �f tY�e Ba�rd pz�s�czt �t �
�eeti�g at �rr�ich a qu��aara i� pz°esent s��a�l'�e th� a�t ofthe �a�rd.
Sec. �-25�, l�:a�1e� +�� Prcacedur�.
Tl�e �3oa:r� s�a�l a��pt rta��s �� pr�c�du�� gcav�znir�� t�e ea�reratic�ra ��' �he I�oara3
i�cc�r�acaratin� S��1ki�n� 2, �r �, a�d 7 of C�t� �ptrnc�l Rul�s �ri' Pa-c���d�ire izas��ar �s i� is
�assr�al�.
a�e. 2-254. I)�ti�� a�d �tcs��a���b�li�ies �� t�� ���r-d.
Tlae ral� cf t�e Bc���d �s �c� pr+��ai�� ecanor�ic d��elc+pm�a�t p+aiicy �uitia�c�. '�l�e
F��d rnay �na�e r�cc�mr��ndations ta the �i�y ��urlci� �nd �C�a��be�r. Th� 1��ards ��ttGes
� in�lud�:
�.. T"�� B�aa-d �i�l ir�p�����t I7e���a�'s ��t�nc�rnic ID�e�e�capme�t F`k�ti�r� �'1an
�vhich a�c�udes t1�e imp��zz7.�za.tat�an c��' s��ci�c �ar�ajeets. 'T'�e �t��.rd zr�a�
�z�a�� c�ammit���� ar t��� �'�rc�s �c�nsistzn� ofB��rd a�ra�s�b�rs �.nr�lor ����-
Board r�����t��rs to ��sas� ��rit� th� "smplc:zrr�r�t�tic�n rafpr�ajeets r�r a�tivities..
��m�it��� tasl� faxee ch�ir��rsa�� �h�l� b� �p�niz�k�d by �h� S��z� ai��
�ri�� serve �t tk�� �1��.sure r�"th�: ��ard.
F�. T�i� $ca�rci wi�l b� ���p�az�s�l�l� for d�sa�aaag ecanomic �evel�apmen�
i�°i����i�P� pcal:aci�� an� re��azz�a�endin� tl�ase pc�iicies t� �}�� CL��° �a�nci� f+az�
�dcrpticaza. T��ese �r�lz�aes n�ay in�lu�1� 1ta� ,nb�t�m�zat, +�ha�t�r �8a
a��eem�nC�, infrastz�act�r� assisi�nc�, et�. In a°n��iz�� any
r��a�rend��ic�ns t}�e B�a�d s1�al� ccr�aa�r�y vva�� ��plic�bl� 1a�v. Tt wi�l b�
. tkae ��arcl's r�sp���si�iiity taa �e�xe�v pa�ici�� ��' c�h�r cit��s �nd t¢� be
�n%rrr��� �s t�r T��is�ativc chan��s �ff�ctia�� st�.t� and l�ac�l incesative
� � • .
C. '1"'h�: �c+arci sh�:l� act �s the r�car�a�a�ndin� �a�y t�, the �ity ��ur�cil �a�
s��c��c proj�c� ��c�t��a�ic dev�iapz���t incentiv�s a�it�raz`i��� �y lavr,
i��l��din.� �ui�l��ui �iz�atatian tax �.tr�t�zzn��t� and a��e�t�v�� au�horiz�d
' �znd�r �Ch��ter �12 ��'th� "I'a� Ga�l�:, ��c���r�ic d�velc��,xn�nt ag,�°e�r�ents
��i��z�rir��i unci�ar �h�pt�r 3�i� �f�lxe Lacal �ove�e�t G�r�lej ��d p�b�ac
irr��rQVem�n� di�tract;� a��h��ized �:��d�r Chapt�r �72 c�i ti��e L�c��
� �'a�� 3
S:\C)ur L7ocurrrentslC7'rriiztaruceswt�3\E�iP C}rdrv�ance.d�c.
Exhibit 1
�a�e�e�t �r�de, Hcrw�vea�, utili�y inc�ntav�s ba��d c�� t�iz`es�°at��ds, �u��
as fi�ae ���c��ic Uti�aty In�l�astri�l L��v�lo�z���� �de� and t�e
'a�'�,ter/�aster�aater fl�lan Lin� Es�t�nsiran ax��y b�: znade �ithaut ��r�x°�i
�evi��w c�r zec�mcnnend�t�an. NaCl�n� �x�r�in sh��1 �� �a�zast�uecl sr� �s tc,
invaJidate �� �cnn�rzzic c�ev�lcrp�a��� incent�ve �uthari��d h� tl�� ��#y
�ouncil c�r ��a��ab�� tkGat di�i ��o� �ec�iv� � re��araa���ad�t�c�n f�c�m tl��
�a�rd.
L�. Th� Btaard g�i�� �'eview �n� r���arnmea�d kac�t� �he �'it�r �nd �haz�nber aa��iva1
��rano�ic �evelapaaa�nt budg��s. T��se �recommendations ^�ri�l 1ae macke ta
th� �City ��nage�° �� Ch���b��' �'��sident fi�r incl�sian in t��e c�ve:rall Cifiy!
arld ���mbez' btadg��s.
E. T�i� �s�acd wi11 r��icu+ anc� r���aar�m��d tk�e �z�n�al ��ar�: �lans far th� �,"ity
azad f�harxib�a� e��n�mic dev�l�pme�G pr��,n°arns. �ar� plar�s zr��si be
c�a�sist�nt wit� ihe az�r����l 3�ud��t�,
�:�,�"�""�k�� �. T"Y�is �r�in�z�ce sup�rcecles anY �a-�svis�c��� i� any City �z�3��r.anc� t��t
is ��a�af�ict �vat� this �t�daz�ance incl��din� wi�hout Ci�ita�lcrn �Sec�zr�n 2-6� ��'t�ae ��rt�e r�f
�7rd��aanc�s c�f �he City r�f ���tt�r�.
� SE�T�JI� 4. 'T}a� �c;c�z��arni� T�!�ve�ca�r�en� :�a�ne�s�ip Bc�a�d r�p��ce� tl�� J�aint
Canvnit��� r�n T�x ,Ay.b�i�m�nt �th� °` ,�c�int ��a�:�t�ittee"} ar�d ���11 �x�z�cis� �l� �f th� ri��ts
and �iut�es �af" th� ��aint �;r�r7�itt�e. 'Tl�e �circt �rz�zr�itt�� i� h��-eby �lzss�alved to b�:
e�$`�c�ive fram �nd a�er ��� �p�ac�intn�e�;t �af th� B��r� n1��an.bers, and tl��y �r� qual��erl tQ
s�rr�� (t�ie "E�'f��tiv� �ate"'). Thas s�all nt�t effe�ct �h� valac��fiy a� �.ny �ctia� ����n by tl�e
Joiz�.t �Cazt�mitt�e pr��r tc� th� �ffe�ti�� �+�t�.
S�C;"�"��1"� �, "T"his aar+��r�a�ace sha11 ��c�nxe �f%�ki�e �n�med��t�ly ��ca� �t�
�aassa�e and �ppre��v��.
�'r^�.�SE� A�L} �F�1�..C}VEL7! t�us th� %'��'� ��y of � ��"C.� ��� �QQ�,
. �_ �,'�c"���,����...� � ...
�r�rnr� ��aa���, ���c��
R r M �
11 � � �
!
��,: � 1.. � ��I� I� � A
a , �/
, • r r.. ,�, � ,� . . : � . ... � w
� � � ..^��w',�� r `� , �,.,. � . �'� ��
J:7 1 :,
�
S.`r[Yur �YCacv�me�ts��lr�iinaarccs�031E�P Clydin�nc�.dcsc
1 �b� �
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: ID 14-0209, Version: 1
Agenda Information Sheet
DEPARTMENT: Economic Development
CM/ ACM:
Date:
John Cabrales, Jr. / Jon Fortune
June 17, 2014
SUBJECT
Hold a public hearing and consider adoption of an ordinance designating and describing the boundaries of a
Tax Increment Reinvestment Zone Three, City of Denton, Texas ("Convention Center TIRZ"); establishing the
duration of the Zone; establishing a Tax Increment Fund; establishing a Board of Directors for the Tax
Increment Reinvestment Zone; making certain findings and other matters related thereto; and providing an
effective date. The Economic Development Partnership Board recommends approval (6-0).
BACKGROUND
The Project is a collaborative effort between the City of Denton, O'Reilly Hospitality Management (OHM),
O'Reilly Hotel Partners Denton (OHPD), and the University of North Texas. The site is approximately 13 acres
located on LTNT Property adjacent to Apogee Stadium. The Hotel and Restaurant would likely be an Embassy
Suites Hotel and Houlihan's Restaurant (OHPD Funded). The Convention Center would be City funded. The
total project cost is estimated at $85 million ($25 million Convention Center; $60 million Hotel and Restaurant.
Hotel/Restaurant Overview:
• OHPD to lease the land from LTNT
• Funded and owned by OHPD
• Management of construction and operated by OHM
• Goal of 318 suites and 12 stories (minimum allowed - 275 suites and 9 stories)
• LEED Certified
• Houlihan's Restaurant - 8,000 square feet with 290 seats
• Educational opportunity through the LTNT School of Hospitality
Convention Center Overview:
• City to lease the land from LTNT
• City to fund and own Convention Center
• City is not funding the Hotel
• OHM to serve as architect and construction manager
• Sub-lease Convention Center to OHPD
o Operated and managed by OHM
• Approximate size of 100,000 square feet
At the June 3, 2014 meeting, Council directed staff to bring back the matrix of steps that were reviewed by
City of Denton Page 1 of 5 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0209, Version: 1
Council at the December 10, 2013 meeting when the Master Development Agreement and related development
and professional service documents were approved. The following table summarizes the project related
decisions and steps that must occur during the feasibility period prior to the completion of the final design and
initiation of construction. Please note that these steps are not necessarily sequential and may overlap each other
at times.
Status Step
Complete Approve Master Development Agreement
Complete Approval of design development drawings
In Progress Approval of guaranteed m� price construction contract
In Progress Finalize convention center development budget and determine overall project affordability
OHPD to provide hotel funding commitment
OHPD to provide franchise commitment
In Progress Initiate creation of TIRZ and determine possible participation by other governmental
entities
City and OHPD evaluates fa�orability of market conditions
City initiates the sale of bonds to fund construction of the convention center
City issues debt
The proposed T� Increment Reinvestment Zone ( TIRZ) would be the third in the City of Denton. The first TIRZ
was established in 2010 for powntown Denton, and the second TIRZ was established in 2012 for the industrial
park near the Denton Enterprise Airport.
Tax Increment Financing is a tool that local governments can use to publicly finance needed structural
improvements and enhance infrastructure within a defined area in order to stimulate private development and
redevelopment. An ad valorem valuation base is established in the first year, and the revenue from the
increased valuation from subsequent years is allocated to TIIZZ development. The City enlisted the services of
David Pettit Economic Development, a Fort Worth economic development consulting firm, to assist in
establishing the Preliminary Project Plan and Finance Plan for the TIRZ.
The proposed third TIIZZ consists of approximately 13 acres and is located along Interstate 35 on University of
North Texas property. The project would provide convention center facilities to meet community needs and to
encourage and promote economic development through convention and tourism related activity. The site is
currently tax exempt and owned by the University of North Texas. The TIRZ would generate revenue from the
privately-owned Hotel and Restaurant portion of the project. The TIIZZ revenue would be dedicated entirely to
the debt service for the $25 million Convention Center project. Denton County and the Denton Independent
School District (DISD) will have the opportunity to participate in the TIRZ as well. Both entities have
expressed a willingness to consider participation.
The goal is for the Convention Center to be self-funding. The City would sell Certificates of Obligation to fund
the Convention Center construction. The debt service would be funded by Hotel Occupancy Taxes (HOT)
related to the development of the project plus up to $100,000 in other HOT revenue, revenue generated through
the creation of a Tax Increment Reinvestment Zone (TIRZ), City Sales Tax derived from the project, and
City of Denton Page 2 of 5 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0209, Version: 1
OHPD lease payments to the City.
At the June 3, 2014 meeting, City Council also directed staff to provide the steps leading up to the issuance of
Certificates of Obligation (CO) for the project. The following is a summary of the schedule of events that must
occur prior to the issuance of COs for the project, based on an anticipated July approval of a construction
contract.
Date Event
7/15/14 Council considers approval of Guaranteed Maximum Price Agreement for the
roj ect
7/15/14 Council considers adoption of the Notice of Intent Resolution
o later than 7/19/14 First Publication of the Notice of Intent to issue certificates (30 days)
TBD Second Publication of the Notice of Intent to issue certificates
8/19/14 City Council to consider adoption of Bond Resolution delegating the parameters for
the bond sale
TBD Price certificates
TBD Closing and delivery of funds
TIRZ District Valuation: The 2013 certified base value of TIRZ Three, according to the Denton Central
Appraisal District (DCAD), is $0.00 (tax exempt). The estimated revenue to be generated over the life of the
TIRZ is $13,673,693. These dollars reflect City of Denton participation at 100 percent for a period of 30 years.
Denton County and the Denton Independent School District (DISD) participation rates are assumed to be 75%
each for a period of 30 years. Actual participation rates may vary and will be determined after the formation of
the Zone.
TIRZ Board Structure: Staff recommends that the Council consider an eleven member TIIZZ Board
consisting of the Economic Development Partnership Board (EDP) plus one representative from Denton
County and one from DISD (assuming both entities choose to participate). Board terms will be consistent with
EDP board terms, and members will serve two-year staggering terms not to exceed three consecutive terms.
The primary purpose of creating the TIIZZ is to capture revenue from three taxing entities (City, County, and
ISD) to participate in the construction of the Convention Center. If the City and/or Developer decide not to
pursue the development, the TIRZ would need to be dissolved through a separate action by the City Council.
Project Plan: The following table describes the proposed projects outlined in the Project Plan
PROJECT STIMATED TIRZ REVENUE
Convention Center Facility 13,673,693*
*Anticipated TIRZRevenue based upon participation and developnzent assunzptions. Actual anzount will be equal to the TIRZ reveYrue
captured during the TIRZ ternz and nzay d�er fi^onz the anzount stated above. The total cost of the Convention Center Facility will be
approxinzately $25 nzillion.
City of Denton Page 3 of 5 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0209, Version: 1
ESTIMATED SCHEDULE OF PROJECT
The following represents the next steps of the project:
August 2014 - If the Ordinance Creating the TIRZ is approved, the Council will appoint 9 of the 11 TIRZ
Board members and designate the Board Chair within 60 days or a reasonable time thereafter
July/August 2014 - Denton County and Denton Independent School District will consider participation in the
TIRZ
August/September 2014 - The TIRZ Board will approve the Final Project Plan and Finance Plan
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
September 2011 - Received proposal from O'Reilly Hospitality Management (OHM).
January 2012 - City, OHM and LTNT reach non-binding agreement on guiding principles to negotiate a
development agreement (the Memorandum of Preliminary Agreement).
March 2012 - City and OHM meet with local hotel operators at the Quarterly Convention and Visitor Bureau
Hospitality Meeting to present the proposed project.
May 2012 - City Council Work Session to receive overview of proposed project and meet with the prospective
developer, Tim O'Reilly.
December 2012 - City and OHM present proposed project to the DISD Trustees during a Trustee Meeting.
March 2013 - City Council Work Session discussion and update on proposed project.
September 2013 - City Council Work Session discussion and update on proposed project.
October 2013 - City Council Work Session discussion and update on proposed project.
November 19, 2013 - City Council Work Session discussion and review of development agreements.
December 2, 2013 - Presentation of proposed project to joint City Council and DISD Board Trustees meeting.
December 3, 2013 - Presentation of proposed project to Economic Development Partnership Board.
December 3, 2013 - City Council Work Session discussion and review of development agreements.
December 10, 2013 - The City Council approved the Master Development Agreement and related development
and professional service documents.
June 3, 2014 - Council work session on the creation of a TIRZ Number Three for the construction of a Hotel
and Convention Center.
City of Denton Page 4 of 5 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: ID 14-0209, Version: 1
FISCAL INFORMATION
It is estimated that the TIRZ would generate approximately $13,673,693 over a 30 year period. The City,
County and DISD would contribute an estimated $7,420,856, $2,298,992 and $3,953,845 into the TIRZ fund,
respectively
EXHIBITS
Exhibit 1 - Ordinance
Exhibit 2- Preliminary Project Plan and Finance Plan (will be forwarded as a hard copy under separate cover)
Respectfully submitted:
Aimee Bissett
Economic Development Director
Prepared by:
Erica Sullivan
Economic Development Analyst
City of Denton Page 5 of 5 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
s:Alegal\our documents\ordinances\14\denton tirz 3 creation ordinance v 6.docx
ORDINANCE NO.
AN ORDINANCE DESIGNATING AND DESCRIBING THE BOUNDARIES OF A TAX
INCREMEN"1, REINVESTMENT ZONE THREE, CITY OF DENTON, TEXAS
("CONVENTION C�NTER 7'IRZ"); ESTABLISHINC'T THE DURATION OF THE 70NE;
ESTABLISHING A TAX INCREMENT FUND; ESTABLISI�IING A BOARD OF
DIR�CI�ORS FOR T�-IE TAX INCREM�N"I, R�INVESTMENT ZONF,; MAKING CERTAIN
FINDINGS AND OTIIER MATTERS REI,ATED THERETO; AND PROVIDING AN
EFFF,CTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas, (the "City"), desires to
promote the development of a certain contiguous area within the City of Denton by the creation
of a Tax Increment Financing Reinvestment Zone, as authorized by the Tax Increment Financing
Act, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the "Act"); and
WHF,REAS, the City has called a public hearing to hear the public comments on the
creation of the proposed Tax Increment Reinvestment Zone and its benef-�ts to the City and the
property in the proposed Tax Incren�ent Reinvestment Zone; and
WHEREAS, notice of such public hearing was published in the Denton Record-
Chronicle, a daily paper of general circulation in the City, such publication date being not later
than seven (7) days prior to the date of the public hearing; and
WHERFAS, such hearing was convened at the time and place mentioned in the published
notice, on the 17t� day of June 2014, at 6:30 p.m., in Council Chainbers of the City of Denton,
Texas; and
WHEREAS, the City, at such hearing, invited any interested person, or his/her
representative, to appear and speak for or against the creation of the Tax Increment Reinvestment
Zone Three, the duration of the Tax Increment Reinvestment Zone, the boundaries of the
proposed Tax Increment Reinvestment Zone, whether all or part of the territory which is
described in Exhibit "A" attached hereto and depicted on the map attached hereto as Exhibit `B"
should be included in such proposed Tax Increment Reinvestment 'Lone, the concept of tax
increment financing and the appointment oC a board of directors of the proposed "Tax Increment
Reinvestment Zone; and
WHEREAS, all owners of property located within the proposed Tax Increment
Reinvestment Zone and all other taxing units and other interested persons were given a
reasonable opportunity at such public hearing to protest the creation of the proposed 'I'ax
Increment Reinvestment Zone and\or the inclusion of their property in such ;"l�ax lncrement
Reinvestment Zone; and
WFIEREAS, the proponents of the Tax Increment Reinvestment Zone offered evidence,
both oral and documentary, in favor of all of the foregoing matters relating to the creation of the
Tax Increment Reinvestment Zone, and opponents of the Tax Increment Reinvestment 'Lone
s:AIegal\our documents\ordinances\14\denton tirz 3 crcation ordinancc v 6.docx
were given the opportunity to appear to contest creation of the zone, after which the hearing was
closed; and
WHEREAS, the City Council tinds, as evidenced by the development history of said
area, that the area encompassing the Tax Increment Financing Reinvestment Zone would not
develop absent the creation of the said zone and its inclusion therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the facts and recitations contained in the preainble of this ordinance
are hereby found and declared to be true and correct.
SECTION 2. The City Council, after conducting such hearing and having heard such
evidence and testimony, has made the following findings and determinations based on the
evidence and testimony presented to it:
(a) The public hEaring on adoption of the Tax Increment Financing Reinvestment
Zone has been properly called, held and conducted and that notice of such hearing
has been published as required by law.
(b) Creation of the proposed Tax Increment Reinvestment Tone with boundaries as
described in �xhibits "A" and "B" will result in benetits to the City, its residents,
and property owners, in general, and to the property, residents and property
owners in the Tax Inerement Reinvestment Zone.
(c) That the Tax Increment Reinvestment Zone, as defined in Exhibits "A" and "B",
meets the criteria for the creation of a Tax Inerement Financing Reinvestment
Zone set forth in the Act by, including but not limited to:
(i) It is a contiguous geographic area located wholly within the corporate
limits of the City.
(ii) It substantially impairs or arrests the sound growth of the municipality
creating the zone or constitutes an economic or social liability in its
present condition and use because of the presencc of:
a. The area has a predominance of defective or inadequate sidewalks
or street layout; and/or
b. Pr�dominately open or undeveloped and, because of obsolete
platting, deterioration of structures or site improvements, or other
factors; andlor
c. Faulty lot layout in relation to size, adequacy, accessibility or
usefulness.
(d) That 30 percent or less of the property in the proposed Tax Increment Financing
Reinvestment Zone, excluding property that is publicly owned, is used for
Page 2
Ordinancc Dcsi<�natin� �TIRZ #3
C�_of Dcnton Texas
s:Alegal\our documents\ordinancesU4\dcnton tirz 3 creation ordinance v 6.docx
residential purposes, which is defined in the Act as any property occupied by a
house which has less than five living units.
(e) That the total appraised value of all taxable real property in the proposed "�I'ax
Increment Financing Reinvestment Zone according to the most recent appraisal
rolls of the City, together with the total appraised value of taxable real property in
all other existing Tax Increment Reinvestment Zones within the City, according to
the most recent appraisal rolls of the City, does not exceed 25 percent of the
current total appraised value of taxable real property in the City and in the
industrial districts created by the City, if any.
(� That the improvements in the Tax Increment Reinvestment Zone will significantly
enhance the value of all taxable real property in the Tax Increment Financing
Reinvestment Zone.
(g) The development or redevelopment of the property in the proposed 'Tax Increment
Financing Reinvestment Zone will not occur solely through private investment in
the reasonable foreseeable future.
SECTION 3. That the City hereby creates a Tax Increment Reinvestment 7one Three
over the area described in Exhibit "A," attached hereto and depicted ii� the map attached hereto
as Exhibit "B," and such Tax Increment Reinvestment Zone shall hereafter be identitied as 'l�ax
Increment Reinvestment Zone Number Three, City of Denton, Texas (the "Zone" or
"Reinvestment Zone").
SECTION 4. Thcre is hereby established a board of directors for the 7one that shall
consist of up to eleven (11) members. The board of directors of Tax Increment Reinvestment
Zone Number Three shall be appointed as follows:
a) Nine (9) of the up to eleven (11) board members shall be appointed by the City
Council of the City. Board membership shall consist of the nine (9) members of
the Economic Development Partnership Board ("EDP"). Each taxing unit other
than the City that contributes incremental taxes to the TIF Fund may, but is not
required to, appoint one member to the Board. After each taxing unit other than
the City dcsignatcs to the City either the name of the member that the taxing unit
wishes to appoint or the fact that the taxing unit wishes to waive its right to
appoint a member, the City Council shall appoint whatever number of� members
are necessary to till the remaining positions on the Board. Nine (9) of the up to
eleven (11) member board shall be appointed by the City Council as provided
here within sixty (60) days of the passage of this ordinance or within a reasonable
time thereafter. All members appointed to the board shall meet the eligibility
requirements set forth in the Act.
b) 'Thc tcrms of the board members shall be two-year terms; the nine members
appointed by City Council will serve terms concurrent with their EDP terms. A
board member may serve no more than three consecutive terms.
Page 3
Ordinance Desi�natin� fIRL It3
Cit� af Dentqn, 'I.;r xas
s:Alegal\our documents\ordinances\14\dcnton tirz 3 crcation ordinance v 6.docx
c) The board of directors shall make recommendations to the City Council
concerning the administration of the Zone. It shall prepare and adopt a project
plan and Tax Increment Reinvestment Zone financing plan for the Zone and must
submit such plans to the City Council for its approvaL The board of directors
shall possess all powers necessary to prepare, implement and monitor such project
plan and financing plan for the Tax Increment Reinvestment Zone as the City
Council considers advisable, including the submission of an annual report on the
status of the Lone. Any powers not herein delegated to the board of directors are
specifically reserved to the City Council.
SECTION 5. That the Zone shall take effect immediately upon passage of this ordinance,
and the termination of the Zone shall occur on December 31, 2044, or at an earlier time
designated by subsequent ordinance of the City Council in the event the City determines that the
Zone should be terminated due to insufficient private investment, accelerated private investment
or other good cause, or at such time as all project costs and tax increment bot�ds, if any, and the
interest thereon, have been paid in full.
SECTION 6. The Tax Increment Base for the Zone, as detined by Section 311.012(c),
Texas Tax Code, shall be the total appraised value of all real property in the Zone taxable by a
taxing unit for the year 2014, which is the year in which the Zone was designated as a
reinvestment zone.
SEC"TION 7. That there is hereby created and established a Tax Incren�ent Fund for the
Zone which may be divided into such subaccounts as may be authorized by subsequent
resolution or ordinance, into which all Tax Increments, less any of the amounts not required to be
paid into the Tax Increment Fund pursuant to the Act, are to be deposited. 'I'he Tax Increment
Fund and any subaccounts are to be maintained in an account at the City Treasurer's affiliated
depository bank of the City and shall be secured in the manner prescribed by law for funds of
Texas cities. In addition, all revenues from the sale of any tax increment bonds and notes
hereafter issued by the City, revenues from the sale of any property acquired as part of the tax
increment financing plan and other revenues to be dedicated to and used in the Zone shall be
deposited into such fund or subaccount from which money will be disbursed to pay project costs
for the Zone or to satisfy the claims of holders of tax increment bonds or notes issucd for the
Zone.
SECTION 8. The Tax Incremei�t Fund shall consist of (i) the percentage of the tax
increment, as defined by Section 311.012(a), Texas Tax Code, that each taxing unit which levies
real property taxes in ihe Zone, other than the City, may elect to dedicate to the Tax Increnlent
Fund under an agreement with the City authorized by Section 311.013(�, Texas �I'ax Code, plus
(ii) one hundred percent (100%) of the City's portion of the tax increment, as defined by section
311.012(a), Texas Tax Code, subject to any binding agreement executed at any time by the City
that pledges a portion of such tax increment or an amount of other legally available funds whose
calculation is based on receipt of any portion of sueh tax increment.
Page 4
Ordin_an_cc_[)csignatin� 'IlR7 #3
C_it� c�f I)cntc�n, I c���s
s:Uegal\our documents\ordinances\14\denton tirz 3 creation ordinancc v 6.docx
SECTION 9. If any section, paragraph, clause or provision of this Ordinance shall for
any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such
section, paragraph, clause or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 10. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of . 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�.
APPROVED AS TO LEGAL FORM:
ANITA BURUESS, CITY A"I'TORNEY
BY: ,� ` '`' j,
Page 5
CHRIS WA'1'"1'S, MAYOR
Ordinance Dcsi�natinK ilR% #3
Cit}_pf I)cntcna I=_cxas
s:Alegal\our documents\ordinances\14\denton tirz 3 crcation ordinancc v 6.docx
EXHIBIT A — BOUNDARY DESCRIPTION
BEING a 13.279 acre tract of land situated in the �ugene Pucl�alski Survcy, Abstract N��. `-;9b,
City of Denton, Denton County, 'Cexas, and being part of those tracts of land described in Deeds
to the State of "l,exas for the use and benefit of North "Texas State Teacl�el-s College, as recoY•ded
in Volume 291, Page 82 and Volume 294, Page 21 of the Deed Records of Denton County,
Texas. and �lso being pat-t of Lot l, Block 1 per the Final Plat of Sheraton North Texas ��ddition,
an Addition to the City of Denton, `�Ccxas, as recordecl in Cabinet C. Page �00 of the Plat Records
of Denton County, 'Tesas, and said tract beinb i�nore particularly described as follows:
COMMENCING at a"I�XDOT concrete mo�lument with 3 inch aluminum disk found in the
e�isting Southcrly line of Interstate Highway No. 35E (a v�riable width r•ight-of=way), said point
being the Northeast coY-ner of a called 0.5980 acre tract of Ia�1d described in ari unrecorded Dee�d
from th� University of North T'eYas to the State of�Texas, e�xecuted oi� October 9, 2013, fro�n
which a TXDOT concrete monument wit}� 3 inch aluminum disk found for reference bears South
61°39'33" East a distance of 30.01 feet and a 1/2 inch il�on rod found for the Not-thwesi corner of
the above cited Lc�t 1, �3lock 1 bears North 61 °39'33" West a distance of 71.32 ieet;
TH�NC:�; Soutl128°07'36" West departing the e�isting S�uthe�rly line of said Inte1°state I-Iibhway
No. 35E, and along the Easterly line of said 0.5980 acre tract, for a distance of 46.82 feet to a PK
nail fouild for corner in the proposed Southerly right-of-way line of said Interstate Highway No.
35�, said point being the PO1NT OF BEGINNING, for the herein described tract;
T'HENCE in a 5outheasterly directior�, along the proposed Southerly line of said lnterstate
Hi�►way No. 35E, and along a non-tangent curve to the left having a centY-al angle of� 03°20' 18",
a radius of 12158.17 feet, a chol�d bearing ol� South 6�}°44'25" �ast, a chord distance of 708.30
feet ancl an arc length of� 708.40 feet to a PK nail found lor corner at an angle point;
"I�'H�;NCF., South �7°27"SE�" Fast continuing alonb the pro}�osed Southerly lint of said ]nte�•state
Highway No. 351;, for a distance of 101.62 feet to a PK nail found for corner at an anglc point;
THENCE South 66°32'28" East continuing �long the proposed Southerly line of said Interstate
Highway No. 35E, for a distance of 279.96 f�eet to a PK nail found for corner at an angle point;
�I'HENCE; South 20°55'26" West departing tl�e proposed Southerly linc of said Interstate
Highway No. 35I;, foi° a distance of 163. i� feet to a 5/8 inch iron rod witl� cap stamped "TNP"
fo�md for corner in the Northwesterly line of a concrete road;
THENCE in a Southwesterly direction, along the Northwesterly line of said road, and along a
non-tangcnt curve to the ]c�t having a central angle of 29°32�07", a radius of 333.94 feet, a chord
bearin� of South 65° 1 1' 19" West, a ehord distance of 170.24 feet aud an arc length of l 72.14
feet to a 5/8 inch iron rod with cap stamped "TNP" found for col•ner at the beginnin� of�a reverse
curve to the right;
THENCE in a Southwesterly direction, along the Northwesterly line of s�id roaci, ai��d along said
reverse curve to the right having a centr•al angle of 15°07'Ol"', a radius of 491.13 feet, a choi°d
bearing of South 56°09'37" West, a chord distance of 129.?0 feet, and �n arc length of 129.5�
Page 6
Ordinance Desi nalin� TIR7, #3
Ci� of Dcnton, 7�cxas
s:Ucgal\our documcnts\ordinanccs\14\dcnton tirz 3 crcation ordinancc v b.docx
feet to a 5/8 inc11 iron rod with cap stainped `°�I'NP" found for corner at the be�ini�ing of a revei•se
curve to the left;
THENCE in a Southwesterly direction, along the Northwesterly line of� said road. and along said
reverse eurve to tl�e left having a ce�ritral anble of 17�16'S5'", � radius of 408.58 feet, a chord
bearing of South 53°59'05" West, a chord distance of 122.77 feet and an arc length of 123?4
feet to a 5/8 inch iron i�od with cap stamped "TNP" found for cornet;
THENCE South 58°27' � 1" West departing the Nortllwesterly line of said road, for a distance of
100.62 feet to a 5/8 inch iron rod with cap stampe� "TNP" set Ior corner;
Z��H�NCF.., South 79°2�'S�'" West for a distance of 121.03 feet to a 5/8 inch iroi� rod witl� cap
stasnped "1��NP" set for corner;
THENCE North 63°45' 10" West for a distance of 190.49 feet to a 5/8 inch iron rod with cap
stamped "TNP" set f�or corner;
'�I'HLNCC North 33°45' l 0" West for a distance of 577.5$ feet to a 5!8 inch iron rod with cap
stan�ped "7:`NP" set for cor�ler;
TH�NCE Noi-th 09°25'41" West tor a distance of 2�4.�2 �f�eet to a 5/8 inch iron rod witll cap
stamped `'TNF" found for corner;
1'HENCE North 28°27'40" F_;ast for a distance. of 129.59 feet to au `'X" cut in concrete set fot�
corner in the Southerly linc of the above cited 0.5980 acre tract;
THF,NCF; South 61 °5?'24'' East along the Southerly line of said O.S980 acre tract for a dislance
of 102.20 feet to a PK nail found for corner at the Southeast cornel� of said 0.5�$0 tract;
"1`HL;NCE North 2$°07'36" East along the Eastcrly line of said 0.5980 acrc tract, fc�r a distance of
44.83 feet to the PO1NT OF BEGINNINU, and containing 13.279 aci•es of land, mot•e or• less.
Page 7
OrdinanceUesi_ne atine'1'IIZZ#3
Citv of Dcnton, Tcxas
1�"1
�
C�:
Q
Q
�
�
M�
F�-d
H
�
�
W
I
�:., - _ ' ,, £
:
.. . '�...� �
���. . . ''.: i
�r
� I!
? t,
.. . (i:�:,.. , ��.._ �{
I 3 � �i I { ,� f
YE � ii
i +
K'S E � V
�,: 6 . �
�; E C E� .!� R'.
s f` f � �
6 � k
�
Y } $ 3
t:' � t� 4 A� l f
i.,"- E ��� � 'i.
Z
� � { r
Ss, t ,� _
- g � L s r
f
:� � Y tl Y [
, � , t .. ., .. . . . .
�. ;�;
i
t r F F
5
e
v
& y,
��
� �
: x
i� Y I Y;
t
�:
r °��e
� � ry,f
+„ ^ r
t'e
s
1 ;
d
3E -
� i
�:; '�a �"
`.` �� 4'
€ t � % a v� � � � � t
� � ° '-� �� � �� _
}` � . ; i' r a ' `'� �„ '
g"d 3 '• ! :�/ i �` �$ �
i. �. � l . I ..
� ��
t i, [¢ 3P i/' v� �.'^ . t.��� l
KS �
� £ iA � �y j .a.o �t ��„W9
c> , �
1-� R ` � �`� �`� f , � .
� § _ � v /f , . �,' �
s ' M � � � , '� l��
e z, ; �� � �z �ig ,e
e � " �
s � E ! ,2•�" � �iY / Y � i�
� � E �w r -
4 �� � % � _ � � � , �
c�. � �.,� � a : �a �� w / ' I ` � . ._ �
� _ . ., _ . ��ff (�8 � � %�i;'� - ���,1
h� ¢% �'✓ �F = � ` � 1' 2 4 :
,,,� , ' ` ,Is
� ; _� i
, � �
�;�,,� � .�� � � ,ti���
� _ � �,
E , ,� � � � �� i �
,
�. � � �
5. r/�/ ir'
E :
�'
(i� �il.
,
,
��k� ''�. 1. � 4— — -.. -- ., � /x� . �
�4 / L%
� /
f ,
'? _ — .. -' i � �
_ / t
/ ,'.`, i
���� , ��� �<<
� .
7 � � ��'" �
_ ,,= `
i,,-f�
,� _
9� r __„-
:�=
,
<
....,,
�
_ . - - _ _� _
, �
���� ���, T � :
a I
� , .�6;
;
� _ � � :�_� I� , � :��:
� .
,
: ��' : : ;
........� — «'a .. ..�T I � Y ;I . .I .
1 I I
I — �. I'1 �� [, i F �I�` t.`i i' 3
's� �
r'W
c C " �
?.q � ��.
`� o
� o$
z � � :>
_
�
.,�
���
M ;�
� �
� �
H �
of
C �
� y
� �
CO
J >
C�,J
U
:C
'O
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: SI 14-0001, Version: 1
Agenda Information Sheet
DEPARTMENT: Planning and Development
CM/ ACM:
Date:
John Cabrales, Jr.
June 17, 2014
SUBJECT
Hold a public hearing and consider adoption of an ordinance amending Ordinance No. 2014-137, which
established a moratorium on the acceptance, processing and approval of certain applications for gas well
permits for gas well drilling and production activities within the corporate limits of the City of Denton, Texas,
and on applications for specific use permits, site plans, development plans of any nature or type, including
applications for amendments to approved or pending gas well development plats or site plans, and on
applications for Fire Code operational permits, as they relate to gas well drilling and production activities, by
revising exemptions and variance procedures; making minor clarification changes; providing a cumulative
clause; providing a severability clause; and providing an effective date.
BACKGROUND
On May 6, 2014, the City Council adopted City Ordinance No. 2014-137 declaring a moratorium on the
acceptance, processing, and approval of certain applications for gas well permits, specific use permits (SUP),
site plans, development plans, or amendments as they relate to gas well drilling and production activities within
the corporate city limits.
The moratorium ordinance recites that the City Council is aware of an increased interest in, and concern about,
gas exploration and production and has received from the public a multitude of environmental and land use
compatibility concerns regarding the City's ordinances and regulations now applicable to gas well drilling and
production activities. In addition, the City Council believes that it is reasonable and necessary to again review
the municipal ordinances and regulations. The moratorium ordinance is in place until midnight September 9,
2014, and may be extended by the City Council thereafter for good cause.
Several applications were exempted from the initial moratorium ordinance. The following list outlines the
exemptions.
l. Applications for Fire Code operational permits relating to gas well drilling and production activities,
which are subject to and consistent with an approved gas well permit issued pursuant to DDC Chapter
22, as amended by Ordinance Nos. 2013-014 and 2013-304.
2. Applications for gas well permits, which are subject to and consistent with a gas well development site
plan approved after August 17, 2010.
City of Denton Page 1 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: SI 14-0001, Version: 1
3. Applications that are in sequence with the applications described in the preceding two paragraphs.
4. Applications for permits relating to the drilling of wells, which do not require hydraulic fracturing, in
conjunction with the injection or storage of natural gas.
The purpose of the moratorium is to maintain the status quo within the corporate limits of the City. Any gas
well operator or mineral owner, however, has the right to request a variance if they believe that the imposition
of the moratorium causes a unique and undue hardship upon his or her property or business. The previous
requests were required to be submitted in writing to the City Council by transmitting the same to the City
Secretary's office.
The reason for this amendment is to revise the moratorium exemptions and variance procedures and make
minor clarification changes. These revisions will clarify which applications are subject to the moratorium and
outlines the new process for requesting a variance. Included in your backup is a redlined version of the original
moratorium ordinance that illustrates the proposed revisions along with a clean version for your review. Refer
to Exhibit 1 for a copy of the draft Ordinance. The draft Ordinance illustrates the proposed revisions.
OPTIONS
l. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
Staff recommends APPROVAL of the request to amend Ordinance No. 2014-137.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
L May 6, 2014, the City Council passed and approved City Ordinance No. 2014-137 declaring the
moratorium.
2. June 1 l, 2014, the Planning and Zoning Commission held a public hearing to amend Ordinance No.
2014-137.
FISCAL INFORMATION
The moratorium limits the ability for the Gas Well Inspections Division to collect fees associated with
submitted permit and project applications. The fiscal impact will result in a loss of revenue.
EXHIBITS
1. Draft Ordinance
2. Redlined Ordinance
Respectfully submitted:
City of Denton Page 2 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: SI 14-0001, Version:
Brian Lockley, AICP, CPM
Planning and Development Director
Prepared by:
Darren Groth, AICP, CPM, REP
Gas Well Administrator
City of Denton Page 3 of 3 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2014-137, WHICH ESTABLISHED A
MORATORNM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF CERTAIN
APPLICATIONS FOR GAS WELL PERMITS WITHIN THE CORPORATE LIMITS OF THE
CITY OF DENTON, AND ON APPLICATIONS FOR SPECIFIC USE PERMITS, SITE
PLANS, DEVELOPMENT PLANS OF ANY NATURE OR TYPE, INCLUDING
APPLICATIONS FOR AMENDMENTS TO APPROVED OR PENDING GAS WELL
DEVELOPMENT PLATS OR SITE PLANS, AND ON APPLICATIONS FOR FIRE CODE
OPERATIONAL PERMITS, AS THEY RELATE TO GAS WELL DRII,LING AND
PRODUCTION ACTNITIES, SUBJECT TO CERTAIN EXEMPTIONS, BY REVISING
EXEMPTIONS AND VARIANCE PROCEDURES; MAKING MINOR CLARIFICATION
CHANGES; PROVIDING A CUMULATNE CLAUSE, PROVIDING A SEVERABII,ITY
CLAUSE; AND PROVIDNG AN EFFECTNE DATE.
WHEREAS, on May 6, 2014, the City Council of the City of Denton, Texas adopted
Ordinance No. 2014-137 ("Moratorium Ordinance"), which imposed a moratorium of the
acceptance, processing and approval of certain applications related to gas well drilling and
production activities within the corporate limits of the City of Denton, Texas; and
WHEREAS, the regulations pertaining to gas well drilling and production ("Gas Well
Ordinance") appear in Subchapter 22 of the Denton Development Code ("DDC"); and
WHEREAS, per Section 3522.1.B. of the DDC, the Gas Well Ordinance was adopted as
"an exercise of the City's zoning powers"; and
WHEREAS, to be consistent with the exercise of its zoning powers, the City Council
deems it best to re-adopt the moratorium consistent with the dual public hearing requirement
before the Planning and Zoning Commission and the City Council as set forth in Chapter 211 of
the Texas Local Government Code and Section 353.4 of the DDC; and
WHEREAS, in addition and consistent with the zoning nature of the Gas Well
Ordinance, the City Council desires to amend Section 7 of the Gas Well Moratorium to route
variance requests to the Zoning Board of Adjustment instead of the City Council; and
WHEREAS, since the Moratorium Ordinance's adoption, there have been concerns
raised in connection with the types of applications that are exempt from the Moratorium
Ordinance, as well as one type of application that was not included as an exemption, and thus,
the City Council desires to make appropriate changes; and
WHEREAS, on June 11, 2014, the Planning and Zoning Commission held a public
hearing as required by Chapter 211 of the Texas Local Government Code and DDC, Section
35.3.4, and upon conclusion of the public hearing it recommended the re-adoption of the
Moratorium Ordinance as amended herein; and
WHEREAS, on June 17, 2014, the City Council held a public hearing as required by
Chapter 211 of the Texas Local Government Code and DDC, Section 353.4, and upon
conclusion of the public hearing the City Council finds that re-adoption of the Gas Well
Moratorium, as amended herein, is in the best interest of the City and the public; 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
hereby adopted as express findings of the City Council and are incorporated herein for all purposes.
SECTION 2. Section 2 of the Gas Well Moratorium is amended by deleting the term "receipt"
as it appears in the first line of said section, to read in its entirety as follows:
SECTION 2. A moratorium is hereby imposed on the acceptance, processing or
approval of applications for gas well permits within the corporate limits of the
City of Denton, any applications for specific use permits, or gas well development
site plans, of any nature or type, or amendments thereto, including expressly any
amendments to prior approved or pending applications for gas well development
plats within the corporate limits, and any applications for Fire Code operational
permits, pursuant to the Denton Development Code (DDC), including but not
limited to Chapter 22 thereof, as amended, and the Denton Fire Code, as
amended, as they relate to gas well drilling and production activities, or any part
thereof, in the City of Denton, subject to the exemptions stated in Section 3 of this
ordinance. The moratorium shall be in place until midnight September 9, 2014,
and may be extended by the City Council thereafter for good cause shown.
SECTION 3. Section 3 of the Gas Well Moratorium is amended by revising the date in
subsection b., deleting the "and" in subsection c., re-lettering subsection d. to subsection f., and
inserting new subsections d. and e., to read in its entirety as follows:
SECTION 3. The following applications are exempt from the moratorium:
a. Applications for Fire Code operational permits relating to gas well drilling
and production activities, which are subject to and consistent with an
approved gas well permit issued pursuant to DDC Chapter 22, as amended by
Ordinance Nos. 2013-014 and 2013-304; and
b. Applications for gas well permits, which are subject to and consistent with a
gas well development site plan approved after January 15, 2013; and
c. Applications that are in sequence with the applications described in
subsections (a) or (b);
d. Applications for Fire Code operational permits as they relate to annual
inspections of those gas wells currently in production;
e. Applications to vacate all, or a portion of, land areas within gas well
development plats approved before August 17, 2010; and
£ Applications for permits relating to the drilling of wells, which do not require
hydraulic fracturing, in conjunction with the injection or storage of natural gas
as personal property beneath the surface of the earth.
SECTION 4. Section 7 of the Gas Well Moratorium Ordinance is amended by replacing
`Board of Adjustment" for "City Council" and by replacing "Director of Planning and
Development" for "City Secretary", to read in its entirety as follows:
SECTION 7. Any gas well operator or mineral owner who believes that the
imposition of this moratorium causes a unique and undue hardship upon his or her
property or business shall have the right to request a variance and shall submit a
written request to the Board of Adjustment by transmitting same to the Director
of Planning and Development ("Director"). The request must provide the
following information:
a. A description of the property proposed to be covered by the variance.
b. An explanation as to why the application of the moratorium to
applicant's property will create an undue hardship.
c. A description of any negative impacts created by the moratorium
provision.
The Director shall place the request for a variance on the agenda of the
Board of Adjustment for consideration at a public meeting. The applicant shall
receive written notice of the date of the proposed hearing on the variance request.
The Board of Adjustment shall conduct a public hearing on the variance request
giving any individual who desires to present information or evidence to the Board
of Adjustment on the appropriateness or inappropriateness of the variance the
opportunity to appear before the Board of Adjustment and present such
information.
The Board of Adjustment shall apply the following criteria in determining
whether or not to grant the variance:
a. Application of the moratorium will create an undue hardship;
b. The situation creating the undue hardship is neither self-imposed nor
generally affecting all or most properties subject to the same
regulations;
c. The relief sought will not be harmful to the permitted use of adjacent
lawful uses; and
d. The granting of the variance shall be in harmony with the purpose of
the moratorium.
In granting a variance, the Board of Adjustment may impose conditions
that are consistent with the purpose of this ordinance.
At the conclusion of the hearing, the Board of Adjustment, by majority
vote, may approve a variance to the provisions of this moratorium ordinance or
may deny the request for variance.
SECTION 5. Except as expressly amended by this ordinance, Ordinance No. 2014-137
shall remain valid and subsisting as originally provided.
SECTION 6.
the City of Denton,
direct conflict with
Ordinance, during i
provisions thereof.
This Ordinance shall be cumulative of all provisions of the ordinances of
Texas, as amended, except where the provisions of this Ordinance are in
the provisions of such ordinances, in which event the terms of this
ts effectiveness, shall prevail over any other conflicting ordinances or
SECTION 7. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this Ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same
would have been enacted by the City Council without the incorporation herein of any such void,
ineffective or unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 8. This Ordinance shall take effect upon its passage.
PASSED AND APPROVED this 17�h day of June, 2014.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:
s:AplanningAbrian�review\planning and zoning staff reports�2014\06-juneA06.112014\done!�si14-0001 gas we11 moratorium�sil4-0001_ e�ibit 2-
redlined ordinance.bl.final.docx
ORDINANCE NO.
AN ORDINANCE 4��>:�.I����-,?���/�e�Ilv]�Iu01�Qa �)I�I;ulll�/�1��.1v 1���. �i�1�1�1�7 "��VI�D�.II
.... .... .... .... .... .... . .... ....
�:�;V/�IBi-O`�;IEI:I�;u A MORATORIUM �J�l"�V@d "���DI�I"��@�r&�V `�;I:i"�-ll�:��?Iroi:�� '�u ���-d1 �Jl"���1:`�;��
k:��bI�I 01�,���� V �:�� ��?@1"����b��� �:� � &��' r�F�i �@1��i1���.i: ���� �.O V��' �.r���.11"���.DI �,�� ON THE
�� � :� .1:0 i "����V /� � .� .1:�" V /� 1"� � . �v, PROCESSING AND APPROVAL OF CERTAIN APPLICATIONS
FOR GAS WELL PERMITS WITHIN THE CORPORATE LIMITS OF THE CITY OF
DENTON, AND ON APPLICATIONS FOR SPECIFIC USE PERMITS, SITE PLANS,
DEVELOPMENT PLANS OF ANY NATURE OR TYPE, INCLUDING APPLICATIONS
FOR AMENDMENTS TO APPROVED OR PENDING GAS WELL DEVELOPMENT
� � b 6).. p p,,. Q, 6�, �^' 6)� $� Q s 6) b� 6�.���
"�� ..�) ;"1����ID�.`*�...�fl'P�iEY
RELATE TO GAS WELL DRILLING AND PRODUCTION ACTIVITIES, �1"�JI������ I DIw?: �'���.�I �F��:
���.�I"1:I��i-ll @��l"���bl�, I"1:I��2@ ��� SUBJECT TO CERTAIN EXEMPTIONS; PROVIDING A
VARIANCE PROCEDURE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is a home rule municipality located in Denton
County; and
WHEREAS, the City Council of the City of Denton is aware of an increased interest in,
and concern about, gas exploration and production in the North Central Texas area; and
WHEREAS, the City Council has received from the public a multitude of environmental
and land use compatibility concerns regarding the City's ordinances and regulations now
applicable to the gas well drilling and production activities, including, but not limited to, health,
water quality, air quality, noise, lighting, truck traffic, dust, vibrations and other nuisances; and
WHEREAS, over the course of fifteen months, the City Council conducted such
investigations as it deemed necessary to amend City ordinances and regulations relating to gas
well drilling and production, resulting in Ordinance No. 2013-014, enacted on January 15, 2013;
and
WHEREAS, increased drilling in close proximity to residential and other protected uses
after the enactment of Ordinance No. 2013-014 have resulted in negative and deleterious effects
on Denton citizens, calling into question whether the various interests could be better balanced
by additional review of the City's ordinances and regulations; and
WHEREAS, gas well drilling and production activities are classified as industrial uses
under the Denton Development Code; and
WHEREAS, gas well drilling and production activities conducted within city limits are
subject to and governed by the City's zoning regulations; and
WHEREAS, the City Council, after due and careful consideration, finds that there remain
significant and compelling environmental and land use compatibility concerns associated with
the gas well drilling and production activities; and
s:AplanningAbrian�review\planning and zoning staff reports�2014\06-juneA06.112014\done!�si14-0001 gas we11 moratorium�sil4-0001_ e�ibit 2-
redlined ordinance.bl.final.docx
WHEREAS, the City Council believes that it is reasonable and necessary to again review
municipal ordinances and regulations to provide for a fair and equitable system of regulations
relating to the Gas well drilling and production activities so as to protect the property interests of
mineral estate owners while protecting the rights, opportunities and properiy interests of surface
estate owners and citizens of the City of Denton, Texas; and
WHEREAS, it is important and necessary to preserve the status quo by enacting a
moratorium while a review and update of these regulations are being developed and
implemented to ensure compatible land uses that do not negatively impact property values or
neighborhood character; and
WHEREAS, the City Council finds that certain exemptions from a moratorium for
certain categories of gas well permits and Fire Code operational permits are in order; and
WHEREAS, the City Council further finds that it is in the best interest of the City and the
public to enact a moratorium to a date certain in order to allow for the review and enactment of
regulatory changes to the City's ordinances governing gas well drilling and production activities
and the procedures related thereto; and
WHEREAS, the City Council is open to the possibility of terminating the moratorium
before the expiration date adopted herein, such as in the event that amendments to the City's
ordinances and regulations related to gas well drilling and production activities are enacted
before the moratorium's expiration date; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. All of the above recitals are hereby found to be true and correct factual and
legislative determinations of the City of Denton, Texas and are hereby approved and
incorporated by reference as though fully set forth herein.
SECTION 2. A moratorium is hereby imposed on the acceptance, va*s�a*��p�,, processing or
approval of applications for gas well permits within the corporate limits of the City of Denton,
any applications for specific use permits, or gas well development site plans, of any nature or
type, or amendments thereto, including expressly any amendments to prior approved or pending
applications for gas well development plats within the corporate limits, and any applications for
Fire Code operational permits, pursuant to the Denton Development Code (DDC), including but
not limited to Chapter 22 thereof, as amended, and the Denton Fire Code, as amended, as they
relate to gas well drilling and production activities, or any part thereof, in the City of Denton,
subject to the exemptions stated in Section 3 of this ordinance. The moratorium shall be in place
until midnight September 9, 2014, and may be extended by the City Council thereafter for good
cause shown.
SECTION 3. The following applications are exempt from the moratorium:
Page 2
s:AplanningAbrian�review\planning and zoning staff reports�2014\06-juneA06.112014\done!�si14-0001 gas we11 moratorium�sil4-0001_ e�ibit 2-
redlined ordinance.bl.final.docx
a. Applications for Fire Code operational permits relating to gas well drilling and
production activities, which are subject to and consistent with an approved gas
well permit issued pursuant to DDC Chapter 22, as amended by Ordinance Nos.
2013-014 and 2013-304; and
Applications for gas well permits, which are subject to and consistent with a gas
well development site plan approved after �� r�� r���C [��-�.V��,Nr����°,y f�, 201;i�`; and
Applications that are in sequence with the applications described in subsections
(a) ar (b); r�� a:�l
��,. /�,�p�pl�s���C�E�sM�, E`E5�° I ,x�°c �.ESCI�..ES�pc�°��C�E��M��l �pc�°Mx7�C�, ���, Clxcv �°cl��Ce CE5 ���M�MU,:��l ��M.,�pccC�ES�My.
� ��, ���ll�,.��� ' �X ��M �p�°ES�;���r��C�ES�M.;
�S�CIrESS,� �, �r��°�°��MC„��
�. /�,�p�pl�s���C�E�sM�, CE5 � ��s���CC ��ll �5�° �� �pES�°��ES�M E5E`, l��MCI ���°c���, ���Clr��k..f-���, ��cll cic� clES�>rr7c�M�
�p1�d�C�, ���p�p�°�5� ccl lrcE;�S�°c /� r�� u�,C f 7, ��� f i�� ��,NCI:
f,'c�:. Applications for permits relating to the drilling of wells, which do not require
hydraulic fracturing, in conjunction with the injection or storage of natural gas as
personal property beneath the surface of the earth.
SECTION 4. Acceptance or processing of any other applications by City staff is hereby
deemed to be a nullity and shall be grounds for denial of such wrongfully accepted application.
SECTION 5. The City staff is hereby directed to complete those studies and analyses
necessary to determine what, if any, regulatory changes to the ordinances of the City of Denton
are reasonable and necessary to permit gas well drilling and production activities without
disproportionately impacting the interest of adjacent and nearby surface estate owners and
citizens within the City. The City staff is directed to review all appropriate environmental,
planning materials and development regulations to suggest changes, if appropriate, that would
protect the interests of mineral estate owners and nearby and adjacent surface estate owners and
citizens while ensuring the highest degree of concern for the preservation of the public health,
safety, morals and general welfare. The City staff shall complete their work and make their
recommendations to the City Council by September 9, 2014, or if they should determine that this
time period is not feasible, report back to the City Council with a proposed calendar by which
they will complete their work The City staff shall solicit such input as they deem necessary and
appropriate in preparing their recommendations.
SECTION 6. The purpose of this moratorium is to maintain the status quo within the
corporate limits of the City.
SECTION 7. Any gas well operator or mineral owner who believes that the imposition
of this moratorium causes a unique and undue hardship upon his or her property or business shall
�
ave � e rig � to reques� a variance an s a su mi� a written reques� to � e� I8�5�p„�° E5 ;
,�cl�r��,Crrz��MC 4�r-� by transmitting same to the �.�Cw ��;�s�v°a*�r���'�y Iu��°�s�CES�° E5E`..I"l���M�M��M«, ���MCI,:
�; bc� c1E5�p,�r7c�MC ;"I��b��°cs�CES�°�'� e� €`€`is������. The request must provide the following information:
Page 3
s:AplanningAbrian�review\planning and zoning staff reports�2014\06-juneA06.112014\done!�si14-0001 gas we11 moratorium�sil4-0001_ e�ibit 2-
redlined ordinance.bl.final.docx
a. A description of the property proposed to be covered by the variance.
b. An explanation as to why the application of the moratorium to applicant's
property will create an undue hardship.
c. A description of any negative impacts created by the moratorium provision.
��� a�(`€`i���w�I b��°� �CE�„�,° shall place �he reques�for a variance on �he agenda of
T e �.�Cw.,`�a*s��°�C�m��...
� e��- Ea i;8E5���°cl E5f' /�cl�r��,C��7��Mtfor considera�ion a� a public meeting. The applican� shall
receive written notice of the date of the proposed hearing on the variance request. The I BES��°cl E5f
�c17r��,Crrz��MC�.�Cw������.e�rd�MS���I�� shall conduct a public hearing on the variance request giving any
. . �
m ivi ua w o es�res �o presen� m orma�ion or evi ence to � e�.�Cw �.���erx��� I8E5��; E5„
� c17r��,Crrz��Mt on the appropriateness or inappropriateness of the variance the opportunity to appear
before the �.��� ��:��Q��e�a�:�l I:8E5���°cl E5E`�clw�r��,rr7��Mt and present such information.
The �.��������-�.��r��a��?�� I8E5���°cl �5E` /�c17r��,Crr7c�Mt shall apply the following criteria in determining
whether or not to grant the variance:
(1) Application of the moratorium will create an undue hardship;
(2) The situation creating the undue hardship is neither self-imposed nor generally
affecting all or most properties subject to the same regulations;
(3) The relief sought will not be harmful to the permitted use of adjacent lawful uses; and
(4) The granting of the variance shall be in harmony with the purpose of the moratorium.
In granting a variance, the �.��w �.����r��a��? I8�5���°cl E5E` /��cl�r��,Crr7csM� may impose conditions that
are consistent with the purpose of this ordinance. ����� �
At the conclusion of the hearing, the 4;x-t�,����������7---aa� IBES����cl E5E` /�cl„�,r��,Crr7c�M�, by majority
vote, may approve a variance to the provisions of this moratorium ordinance or may deny the
request for variance.
SECTION 8. This Ordinance shall be cumulative of all provisions of the ordinances of
the City of Denton, Texas, as amended, except where the provisions of this Ordinance are in
direct conflict with the provisions of such ordinances, in which event the terms of this
Ordinance, during its effectiveness, shall prevail over any other conflicting ordinances or
provisions thereof.
SECTION 9. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this Ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the
Page 4
s:AplanningAbrian�review\planning and zoning staff reports�2014\06-juneA06.112014\done!�si14-0001 gas we11 moratorium�sil4-0001_ e�ibit 2-
redlined ordinance.bl.final.docx
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same
would have been enacted by the City Council without the incorporation herein of any such void,
ineffective or unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 10. This Ordinance shall take effect upon its passage and shall remain in
effect until midnight September 9, 2014, unless earlier terminated by ordinance of City Council.
PASSED AND APPROVED this 6�' day of May, 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
C
Page 5
MARK A. BURROUGHS, MAYOR
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
,,,, www.cityofdenton.com
� � �"�� ��'�� �
Legislation Text
File #: Z13-0013, Version: 1
Agenda Information Sheet
DEPARTMENT: Planning and Development
CM/ ACM:
Date:
SUBJECT
John Cabrales, Jr.
June 17, 2014
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the
Rayzor Ranch Overlay District, consisting of 410 acres of land located on both sides of U.S. Highway 380
(West University Drive), between Interstate Highway 35 and Bonnie Brae Street; specifically by defining and
establishing permitted uses for a new RR-2A Subdistrict; enhancing and extending the applicability of existing
stormwater quality standards for the district; authorizing limited clearing and grading of 99 acres prior to the
approval of a final plat or construction plans, subject to certain prescribed restrictions; and providing for a
penalty in the maximum amount of $2,000.00 for violations thereof severability and an effective date. Planning
and Zoning Commission recommended denial of the first portion of this request to create a new subdistrict (6-
0) and recommended approval of the second portion of this request regarding clearing and grading with
conditions (6-0). A supermajority vote of the City Council will be required to approve the first portion of this
request.
BACKGROUND
The applicant is proposing two amendments to the Rayzor Ranch Overlay District. The first part of this
amendment is the applicant's (Allegiance Hillview, LP) proposal to create a sub district within an existing
subarea of the Rayzor Ranch Marketplace. Rayzor Ranch Marketplace is platted as Rayzor Ranch North and
consists of approximately 170 acres at the northwest corner of U.S. 380 (W. University Drive) and Bonnie Brae
Street. It is divided into three existing subareas: RR-3, RR-2 and Residential (NRMU-12 and NR-3). There
are development standards relative to architectural, landscape and signage for the RR-3 and RR-2 subareas. The
Residential (NRMU-12 and NR-3) has yet to be defined and remains undeveloped.
Currently, within the RR-2 subarea, Quick Vehicle Servicing and Vehicle Repair are not permitted uses. The
property owner is requesting that a sub district (RR-2A), within subarea RR-2, be created to allow for both of
these uses. At the May 7, 2014 Planning and Zoning Commission meeting, the request was proposed for all of
Lots 1R and 3R of Rayzor Ranch North Addition. To address concerns about the large area proposed for the
additional uses, the applicant reduced the proposed sub district area to approximately 3.7 acres (versus the
previous 43.96 acres) that includes Lot 3R in its entirety and part of Lot 1R, located on the west side of Bonnie
Brae Street as reflected in Exhibit 10 (Proposed RR-2A Sub District Illustrative Site Plan). The notification
maps and location maps remain as originally proposed to reflect what areas were on the original request and
City of Denton Page 1 of 7 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: Z13-0013, Version: 1
until the applicant has provided a metes and bounds description of the revised area for the ordinance should it
be approved, but Exhibit 10 (Proposed RR-2A Sub District Illustrative Site Plan) reflects the revised request
area.
Although staff is recommending a limitation of no more than two of the proposed uses on the entire revised
subject property, should City Council approve the request, the applicant is proposing that one of these uses
must be permitted on Lot 3R and any of the other new uses could locate within the remainder of the proposed
RR-2a area. The reasoning behind this tailored portion of the request is for the applicant to be able to market
and entitle Lot 3R, specifically, for the proposed Quick Vehicle Servicing and Vehicle Repair uses.
At the Planning and Zoning Commission meeting on May 21, 2014, the applicant provided draft language
regarding potentially revising the definition of the proposed uses and adding in provisions to limit the proposed
Outdoor Display. Since staff was not provided the revised proposal prior to the meeting, it was not included in
the Commission's backup materials or discussed during Work Session. Subsequent to the meeting, the
applicant has revised the first component of the request again to attempt to address some of the Commission's
concerns. The applicant is proposing new wording regarding the potential uses and has added several new
provisions, such as screening, that the Commission did not consider with the request. The applicant has
provided a summary of the revised request, and it is included in Exhibit 1 l. Despite the these revisions, staff's
recommendation of denial for first portion of the request remains unchanged from when the Planning and
Zoning Commission last considered the item on May 21, 2014. Staff has added a slightly modified version of
one of the new, proposed conditions by the applicant regarding screening to staff's list of conditions, should
City Council choose to approve the request.
The Rayzor Ranch Marketplace will develop approximately 892,000 total square feet of commercial uses,
which consists of 454,000 square feet in three "big box" retail centers, 287,000 square feet of smaller "junior
box" retail uses, 100,000 square feet of stand-alone retail, office and restaurant uses in addition to single family
detached and attached units (townhomes). The retail portion of the Marketplace will comprises approximately
107 acres with the remaining 46 acres containing the residential area. The Marketplace includes open space that
functions as a drainage and water quality feature.
The second part of this amendment is the owner of Rayzor Ranch Town Center (DB Denton II, LLC) request
for an exemption from Denton Development Code Section 35.182.A.1 and 35.182.A2, which requires
Planning and Zoning Commission approval of a Final Plat and Construction Plans, if applicable, prior to
issuance of a Clearing and Grading permit. This will allow the developer to mass clear and grade at one time as
individual site plans and plats move forward through the development approval process at their own pace.
Currently, a Clearing and Grading permit requires final plat approval for all areas proposing land disturbing
activity.
The applicant divided and refers to the Southern Tract as three sub districts: Town Center (RR-1), South RR-2
and the South-Mixed Use District area. On June 15, 2010, land use regulations, architectural, landscape and
signage guidelines for the Town Center (RR-1) and South RR-2 area were approved by City Council. The
South-Mixed Use District has yet to be defined, and the entire south side of the project remains undeveloped.
The applicant's intent is to develop approximately 1,000,000 square feet of commercial uses on the Southern
Tract which would include the Town Center (RR-1), standalone retail, restaurants and grocery store uses within
the South RR-2 area. The area designated as Town Center sought to deviate from the approved Master Site
Plan in that the actual layout with specifically identified buildings, parking lots and open spaces will be
replaced with a more conceptual plan. The intent of this departure from the Master Site Plan was to allow the
City of Denton Page 2 of 7 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: Z13-0013, Version: 1
developer flexibility in design and the ability to accommodate future tenants needs while still delivering a
viable high quality outdoor shopping center. Refer to Exhibit 1 for staff's analysis.
Thirty-nine public notices were sent to property owners within 200 feet of the site. As of this writing, staff has
received two responses in favor to the Notice of Public Hearing from property owners within this boundary
area.
On Apri19, 2014, the Planning and Zoning Commission opened the public hearing for Z13-0013 and continued
consideration of the Overlay Amendment request to a date certain of May 7, 2014. On May 7, 2014, the
Planning and Zoning Commission discussed the item, opened the public hearing, and continued consideration
of the Overlay Amendment request to a date certain of May 21, 2014. On May 21, 2014, the Planning and
Zoning Commission recommended denial of the first portion of this request to create a new subdistrict (6-0)
and recommended approval of the second portion of this request regarding clearing and grading with conditions
(6-0).
OPTIONS
1. Approve both components of the request as submitted.
2. Approve the first component of the request with staff's conditions.
3. Approve the second component of the request with staff's conditions.
4. Deny both components of the request.
5. Deny the first component of the request.
6. Deny the second component of the request.
7. Remand the first component back to the Planning and Zoning Commission for consideration of the
applicant's revisions to the request.
RECOMMENDATION
The Planning and Zoning Commission recommends DENIAL of the first portion of the request for a new sub
district to allow for new uses and recommends APPROVAL of the second portion of the request for the
exemption from the DDC regarding final plat and construction plan approval with the following conditions.
The Development Review Committee recommends DENIAL of the first portion of the request for a new sub
district to allow for new uses and recommends APPROVAL of the second portion of the request for the
exemption from the DDC regarding final plat and construction plan approval with the following conditions.
Should the City Council choose to approve the request, the following conditions are offered for consideration:
Proposal to create a sub district
l. Quick Vehicle Servicing and Vehicle Repair are limited to the RR-2A sub district within the RR-2
subarea.
2. Quick Vehicle Servicing and Vehicle Repair uses are not to be located within the RR-2 subarea outside
of the RR-2A sub district.
3. No more than two establishments defined in Subchapter 23 of the Denton Development Code as Quick
Vehicle Servicing or Vehicle Repair are permitted within the RR-2A sub district as depicted in the
proposed ordinance Exhibit l. One of these uses be permitted on Lot 3R and the other new use can
locate within the remainder of the proposed RR-2A area.
City of Denton Page 3 of 7 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: Z13-0013, Version: 1
4. Inventory of materials sold on site or installed shall not be permitted for outdoor display or sale.
5. Inventory of materials sold on site or installed shall not be permitted for outdoor storage at any time,
including for promotional events.
6. Section 35.7.15.2, Application of Regulations , should be modified by adding the following language to
item C. All other existing conditions listed under the section Application of Regulations should remain
the same:
C. Drainage areas north and south of US 380/West University Drive, for land that drains into North
Lakes Pond shall be designed in accordance with the requirements outlined in the Water Quality
Protection Plan Requirements and Drainage Map (Exhibit F).
7. Section 35.7.15.11.B, Storm Water Quality, should be modified to read as follow:
l. Preliminary and Final Plats within the drainage area north and south of US 380 / West
University Drive, for land that drains into North Lakes Pond, will include provisions for onsite or
regional storm water quality enhancement, including dedication of drainage casement areas as
necessary to construct the storm water quality structural controls and management practices as
described in Exhibit "F".
2. Any proposed use(s) meeting the definition of a hotspot pollutant generator must provide
additional storm water quality controls unless any of the following conditions are met:
(a) Existing storm water quality controls are designed for treating such pollutants and
treatment capacity is not exceeded.
(b) Business/operator management practices are implemented eliminating the risk of
pollutants exiting the property under the control of the business/operator.
3. If any of the conditions listed in 35.7.15.11.B.2 are met, business/operator must provide in
writing a detailed explanation on how existing controls are able to treat the pollutants of concern,
and/or provide a description of the management practices to be implemented before a building
permit would be issued. Provided documentation must be incorporated into and become part of the
approved Rayzor Ranch Final iSWM Plan.
8. Service bays that face Bonnie Brae Street shall be screened from view from motorist sight lines by use
of continuous evergreen plant screening.
Exemption from Denton Development Code Section 35.18.2.A.1 and 35.18.2.A.2
l. As a one-time accommodation in support of the development of approximately 99.566 acres of property
within the RROD, legally described in a certain conveyance plat recorded as instrument 2010-119 of the
plat records of Denton County, Texas. The applicant's proposal to allow the rough clearing and grading
of this area in advance of site plan and final plat approval, is reasonable and satisfies the goals of the
Denton Development Code, provided that certain mitigating measures and safeguards are taken,
including full adherence to the enhanced storm water quality standards imposed upon the RROD by this
Ordinance.
2. Once the conditions associated with the issuance of a clearing and grading permit are fully satisfied,
other than the requirement of construction plans and final plat approval, and subject to compliancewith
this Ordinance, the checklist conditions set forth in Exhibit 3, and all other applicable legal and
regulatory requirements associated therewith, one such clearing and grading permit for a rough grading
event to be completed within 180 days following passage and approval of this Ordinance, and within the
described 99.566 acre parcel, may be issued notwithstanding the ordinary requirement of DDC
§35.182.A.1 to first require site plan and final plat approval.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City of Denton Page 4 of 7 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: Z13-0013, Version:
l. December 6, 2006, Planning and Zoning Commission Work Session Regarding Proposed Mobility Plan
Amendment for Rayzor Ranch;
2. January 10, 2007, Planning and Zoning Commission Public Hearing Regarding;
3. Proposed Mobility Plan Amendment for Rayzor Ranch The Commission recommended approval (7-0);
4. February 20, 2007, City Council Public Hearing Regarding Proposed Mobility Plan amendment for
Rayzor Ranch (The Council approved 7-0);
5. February 21, 2007, Planning and Zoning Commission Work Session Regarding Northern Tract
Comprehensive Plan Amendment;
6. February 28, 2007, Planning and Zoning Commission Work Session Regarding Proposed Rayzor Ranch
Overlay District;
7. March 7, 2007, Planning and Zoning Commission Work Session Regarding Proposed Rayzor Ranch
Overlay District;
8. March 14, 2007, Planning and Zoning Commission Work Session and Public Hearing Regarding
Northern Tract Comprehensive Plan Amendment and First Phase of Rayzor Ranch Overlay District
(The Planning and Zoning Commission recommended approval (7-0);
9. March 27, 2007, City Council Public Hearing Regarding Northern Tract Comprehensive Plan
Amendment and First Phase of Rayzor Ranch Overlay District (The City Council Approved 7-0);
10. Apri12, 2007, City Council Work Session Regarding Southern Tract Comprehensive Plan Amendment
and Remaining Phases of Rayzor Ranch Overlay District;
1 l. April 18, 2007, Planning and Zoning Commission Regarding Work Session Regarding Southern Tract
Comprehensive Plan Amendment and Remaining Phases of Rayzor Ranch Overlay District;
12. May 9, 2007, Planning and Zoning Commission Work Session and Public Hearing Regarding Southern
Tract Comprehensive Plan Amendment and Second Phase of Rayzor Ranch Overlay District and
Rezoning. (The Commission recommended approval7-0);
13. May 15, 2007, City Council Public Hearing Regarding Completion of the Comprehensive Plan
Amendment and Second Phase of Rayzor Ranch Overlay District (City Council Approved 7-0);
14. November 28, 2007, Planning and Zoning Commission Work Session and Public Hearing Regarding
Third Phase of Rayzor Ranch Overlay District and Rezoning. (The Commission recommended
approval6-0);
15. January 8, 2008, City Council Public Hearing Regarding Third Phase of Rayzor Ranch Overlay District
and Rezoning (City Council Approved 7-0);
16. March 26, 2008, Planning and Zoning Commission Public Hearing Regarding Amendment to Design
Standards of the Rayzor Ranch Overlay District for Proposed Best Buy Elevation. (The Commission
tabled the item);
17. Apri19, 2008, Planning and Zoning Commission Public Hearing Regarding Amendment to Design
Standards of the Rayzor Ranch Overlay District for Proposed Best Buy Elevation. (The Commission
recommended denial, 3-2, item was not appealed to City Council);
18. Apri123, 2008, Planning and Zoning Commission approved a variance to Subchapter 3520.4.G of the
Denton Development Code regarding separation of driveways. (The Commission approved 7-0);
19. June 1 l, 2008, Planning and Zoning Commission Work Session and Public Hearing regarding
establishment of a Special Sign District. (The Commission approved 6-0);
20. June 17, 2008, City Council Work Session Regarding Multiple Rayzor Ranch Issues and Public Hearing
Regarding Establishment of a Special Sign District. (The Council approved);
21. September 24, 2008, Planning and Zoning Commission Work Session Regarding Proposed
Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District;
22. October 7, 2008, City Council Work Session Regarding Proposed Amendments to the Rayzor Ranch
Overlay District and the Rayzor Ranch Special Sign District;
23. October 8, 2008, Planning and Zoning Commission Work Session Regarding Proposed Amendments to
City of Denton Page 5 of 7 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: Z13-0013, Version:
the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District;
24. October 22, 2008, Planning and Zoning Commission Public Hearing Regarding Proposed Amendments
to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District;
25. November 4, 2008, City Council Public Hearing Regarding Proposed Amendments to the Rayzor Ranch
Overlay District;
26. December 9, 2008, City Council Work Session Regarding Trade Dress.;
27. December 9, 2008, City Council Public Hearing Regarding Rayzor Ranch Sign District amendments to
permit four detached pylon signs within the Northern Tract;
28. February 3, 2009, City Council Work Session Regarding Proposed Amendments to the Rayzor Ranch
Overlay District and the Rayzor Ranch Special Sign District;
29. Apri122, 2009, Planning and Zoning Commission Work Session and Public Hearing Regarding
Amendment authorizing limited administrative authority by the City Manager;
30. May 5, 2009, City Council Public Hearing Regarding Amendment authorizing limited administrative
authority by the City Manager;
3 L May 6, 2009, Planning and Zoning Commission Work Session and Public Hearing Regarding Proposed
Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District;
32. May 20, 2009, Planning and Zoning Commission Work Session and Public Hearing Regarding
Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign
District;
33. June 16, 2009, City Council Work Session Regarding Proposed Amendments to the Rayzor Ranch
Overlay District and the Rayzor Ranch Special Sign District;
34. July 21, 2009, the City Council approved an amendment to the Rayzor Ranch Overlay District and the
Rayzor Ranch Special Sign District;
35. October 6, 2009, City Council approved an SUP to allow for gas well drilling and production on
approximately 3 acres at the southeast corner of Bonnie Brae Road and Scripture Street;
36. Apri16, 2010, City Council Work Session regarding proposed amendments to the Rayzor Ranch
Overlay District, specifically the south side;
37. April 14, 2010, Planning Zoning Commission Work Session regarding proposed amendments to the
Rayzor Overlay District, specifically the south side;
38. June 15, 2010, City Council approved the following for the entire RROD and specifically the Southern
tract:
a. Modifying certain previously approved development standards;
b. Proposing an increase to Multi-family density on the Southern Tract;
c. Replacing the previously approved Master Site Plan with a ConceptuaUSchematic Plan on the
Southern Tract;
d. Amending and adding definitions to land uses on the Southern Tract;
e. Amending and defining landscape guidelines on the Southern Tract;
f. Amending and defining architectural guidelines on the Southern Tract, and
g. Amending and defining signage guidelines on the Southern Tract;
39. October 4, 201 l, Planning and Zoning Commission recommended approval of proposed architectural,
landscape and signage standards for 4.1 acres located at the northeast corner of I-35 and Scripture
Street;
40. November l, 201 l, City Council approved architectural, landscape and signage standards for 4.1 acres
located at the northeast corner of I-35 and Scripture Street;
41. Apri19, 2014, Planning and Zoning Commission approved a site plan for a 42,000 sq. ft. movie theater
with associated plaza and pedestrian space, parking and drive-aisles on approximately 5.22 acres within
RR-1 area of the Town Center. The subject site is the proposed Lot 20 of the Rayzor Ranch Town
Center Addition, approximately 364 feet east of I-35 Frontage Road and north of the proposed Linden
City of Denton Page 6 of 7 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
File #: Z13-0013, Version:
Drive;
42. Apri19, 2014, Planning and Zoning Commission opened the public hearing for Z13-0013 and continued
consideration of the Overlay Amendment request to a date certain of May 7, 2014;
43. May 7, 2014, Planning and Zoning Commission opened the public hearing for Z13-0013 and continued
consideration of the Overlay Amendment request to a date certain of May 21, 2014; and
44. May 21, 2014, Planning and Zoning Commission opened the public hearing for Z13-0013, considered
and discussed the Overlay Amendment, and closed the public hearing. The Commission recommended
denial of the first portion of this request to create a new sub district (6-0) and recommended approval of
the second portion of this request for the above-referenced exemption from the DDC with conditions (6-
0).
FISCAL INFORMATION
The fiscal impact of this request is unknown.
EXHIBITS
l. Staff's Analysis
2. Site Location/Aerial Map
3. Zoning Map
4. Future Land Use Map
5. Notice of Public Hearing
6. Site Photos
7. Ordinance Number 2010-158
8. Ordinance Number 2011-225
9. Rayzor Ranch Mass Grading Permit Checklist
10. Proposed RR-2A Sub District Illustrative Site Plan
11. Proj ect Narrative
12. Planning and Zoning Commission Minutes of the May 21, 2014 Meeting
13. Proposed Ordinance
Respectfully submitted:
Brian Lockley, AICP, CPM
Director of Planning and Development
Prepared by:
Abra R. Nusser, AICP
Senior Planner
City of Denton Page 7 of 7 Printed on 6/13/2014
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
Exhibit 1
Staff Analysis
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: April 9, 2014, May 7, TYPE: Overlay Amendment
2014, May 21, 2014
CC Date: June 17, 2014 PROJECT #: Z13-0013
Project Number: Z13-0013
Request: The applicant proposes to create a new sub district to allow for
new uses not previously provided for within the Rayzor Ranch
Overlay District within Lots 1R and 3R, Rayzor Ranch North and
to further amend the District to exempt approxima�ely 99 acres,
Lot l, Block 5, Rayzor Ranch South, from Denton Development
Code Section 35.18.2.A.1 and 35.18.2.A.2.
Applicant: Rob Baldwin, AICP
3904 Elm Street, Suite B
Dallas, TX 75226
Property Owner:
Rayzor Ranch Marketplace, LP
1345 Avenue of the America's
c/o Fortress Investment Group
New York, NY 10105
Location: Northwest corner of Bonnie Brae Street and U.S. 380 (West
University Drive) and southeast corner of U.S. 380 and Interstate
Highway 35.
Size:
Zoning Designation:
Future Land Use:
Case Planner:
142.396 acres +
Regional Center Commercial Downtown (RCGD)
Regional Mixed-Use Centers
Abra Nusser, AICP
DRC Recommendation: The Development Review Committee recommends DENIAL of
the Overlay District Amendment request to create a sub district and
introduce new uses but recommends APPROVAL with
conditions to the exem�tion from Denton Develo�ment Code
Sections 35.18.2.A.1 and 35.182.A2.
If the Commission chooses to recommend approval, the following limitations are offered for
consideration:
Proposal to create a sub district
l. Quick Vehicle Servicing and Vehicle Repair are limited to the RR-2A sub district within
the RR-2 subarea.
2. Quick Vehicle Servicing and Vehicle Repair uses are not to be located within the RR-2
subarea outside of the RR-2A sub district.
3. No more than two establishments defined in Subchapter 23 of the Denton Development
Code as Quick Vehicle Servicing or Vehicle Repair are permitted within the RR-2A sub
district as depicted in a new exhibit — Exhibit B-6.
4. Inventory of materials sold on site or installed shall not be permitted for outdoor display
or sale.
5. Inventory of materials sold on site or installed shall not be permitted for outdoor storage
at any time, including for promotional events.
6. Section 35.7.152, Application of Regulations, should be modified by adding the
following language to item C. All other existing conditions listed under the section
Application of Regulations should remain the same:
C. Drainage areas north and south of US 380/West University Drive, for land
that drains into North Lakes Pond shall be designed in accordance with the
requirements outlined in the Water Quality Protection Plan Requirements and
Drainage Map (Exhibit F).
7. Section 35.7.15.1 l.B, Storm Water Quality, should be modified to read as follow:
l. Preliminary and Final Plats within the drainage area north and south of US 380 / West
University Drive, for land that drains into North Lakes Pond, will include provisions
for onsite or regional storm water quality enhancement, including dedication of
drainage casement areas as necessary to construct the storm water quality structural
controls and management practices as described in Exhibit "F".
2. Any proposed use(s) meeting the definition of a hotspot pollutant generator must
provide additional storm water quality controls unless any of the following conditions
are met:
(a) Existing storm water quality controls are designed for treating such pollutants
and treatment capacity is not exceeded.
(b) Business/operator management practices are implemented eliminating the risk
of pollutants exiting the property under the control of the business/operator.
If any of the conditions listed in 35.7.15.11.B2 are met, business/operator must
provide in writing a detailed explanation on how existing controls are able to treat the
pollutants of concern, and/or provide a description of the management practices to be
implemented before a building permit would be issued. Provided documentation
must be incorporated into and become part of the approved Rayzor Ranch Final
iSWM Plan.
Exemption from Denton Development Code Section 35.18.2.A.1 and 35.18.2.A.2
8. Approximately 99 acres, as depicted in Exhibit B-7, within the southern tract located at
the southeast corner of U.S. Highway 380 and Interstate Highway 35 and described as
Lot l, Block 5 Rayzor Ranch South Conveyance plat (document number 2010-119) is
exempt from DDC, Sections 35.182.A.1 and 35.182.A2 and does not require approval
of a final plat and construction plans prior to release of a clearing and grading permit.
9. A mass grading permit application containing all the information listed on Exhibit 9 shall
be submitted for staff review and approval prior to starting land disturbing activities.
Summary of Analysis:
Sub District Pro�osal
The applicant (Allegiance Hillview, LP) proposes to create a sub district within an existing
subarea of the Rayzor Ranch Marketplace ("Marketplace"). Rayzor Ranch Marketplace is
platted as Rayzor Ranch North and consists of approximately 170 acres at the northwest corner
of U.S. 380 (W. University Drive) and Bonnie Brae Street. It is divided into three existing
subareas: RR-3, RR-2 and Residential (NRMU-12 and NR-3). There are development standards
relative to architectural, landscape and signage for the RR-3 and RR-2 subareas. The Residential
(NRMU-12 and NR-3) has yet to be defined.
Currently, within the RR-2 subarea it does not permit the Quick Vehicle Servicing or Vehicle
Repair uses within its boundaries. The property owner is requesting that a sub district (RR-2A)
within subarea RR-2 be created to allow for both of these uses. At the May 7, 2014 Planning and
Zoning Commission meeting, the request was proposed for all of Lots 1R and 3R of Rayzor
Ranch North Addition. To address concerns about the large area proposed for the additional
uses, the applicant is now proposing a smaller area of approximately 3.7 acres (versus the
previous 43.96 acres) that includes Lot 3R in its entirety and part of Lot 1R, located on the west
side of Bonnie Brae Street as reflected in Exhibit 10 (Proposed RR-2a Area Site Plan).
Staff has concerns that these new uses were not originally anticipated during the creation of the
overlay district, and as such, once introduced would detract from the overall high quality
development potential of the site. With the availability of a significant amount of property
currently zoned to accommodate the proposed uses in the immediate vicinity of the rezoning
request, staff feels that the area could become oversaturated with auto-related uses which would
be contrary to the objective of Rayzor Ranch's regional retail concept.
The applicant has stated that should the request be approved, there would likely be two separate
businesses with the proposed Quick Vehicle Servicing or Vehicle Repair uses with service bays
facing Bonnie Brae Street. The location of the proposed uses along Bonnie Brae Street and W.
University Drive could adversely affect the gateway into the development and a key site in the
U.S. 380 and Bonnie Brae Street Corridors. Staff also has environmental concerns regarding the
new uses which could be sources or pollution, commonly referred as hotspots, which were not
considered during the design of the original water quality treatment system for the Rayzor
Ranch.
Exemption to Section 35.18.2.A.1 and 35.182.A2
The owners of 99 acres at the southeast corner of U.S. 380 and Interstate Highway 35, DB
Denton II, LLC, owner of Rayzor Ranch Town Center, requests exemption from Denton
Development Code Section 35.182.A.1, which requires Planning and Zoning Commission
approval of a Final Plat, if applicable, prior to issuance of a Clearing and Grading permit. This
will allow the developer to mass clear and grade at one time as individual site plans and plats
move forward through the development approval process at their own pace. Currently, a
Clearing and Grading permit requires final plat and civil construction plan approval for all areas
proposing land disturbing activity.
The ability to mass clear and grade is currently not permitted without approval of a final plat
which includes construction plans. This provides the City with a level of comfort that drainage
conditions are accounted for in a storm event and the City does not incur any undue problems
with failed siltation devices and other best management practices (BMPs) if such an event
occurred. When large amounts of sedimentation drain into public rights-of-of way and the
watershed, overall water quality is affected.
Development Review Committee
Based upon the information provided by the applicant and a recent site visit, the Development
Review Committee finds the request INCONSISTENT with the surrounding land uses and
general character of the area, IS CONSISTENT with the Denton Plan, and IS INCOSISTENT
with the Denton Development Code.
The Development Review Committee recommends DENIAL of the Overlay District
Amendment request to create a sub district and introduce new uses but recommends
APPROVAL with Conditions to the exemption from Denton Development Code Sections
35.182.A.1 and 35.182.A2.
If the Commission chooses to recommend approval, the following limitations are offered for
consideration:
Proposal to create a sub district
l. Quick Vehicle Servicing and Vehicle Repair are limited to the RR-2A sub district within
the RR-2 subarea.
2. Quick Vehicle Servicing and Vehicle Repair uses are not to be located within the RR-2
subarea outside of the RR-2A sub district.
3. No more than two establishments defined in Subchapter 23 of the Denton Development
Code as Quick Vehicle Servicing or Vehicle Repair are permitted within the RR-2A sub
district as depicted in a new exhibit — Exhibit B-6.
4. Inventory of materials sold on site or installed shall not be permitted for outdoor display
or sale.
5. Inventory of materials sold on site or installed shall not be permitted for outdoor storage
at any time, including for promotional events.
6. Section 35.7.152, Application of Regulations, should be modified by adding the
following language to item C. All other existing conditions listed under the section
Application of Regulations should remain the same:
C. Drainage areas north and south of US 380/West University Drive, for land
that drains into North Lakes Pond shall be designed in accordance with the
requirements outlined in the Water Quality Protection Plan Requirements and
Drainage Map (Exhibit F).
8. Section 35.7.15.1 l.B, Storm Water Quality, should be modified to read as follow:
l. Preliminary and Final Plats within the drainage area north and south of US 380 / West
University Drive, for land that drains into North Lakes Pond, will include provisions
for onsite or regional storm water quality enhancement, including dedication of
drainage casement areas as necessary to construct the storm water quality structural
controls and management practices as described in Exhibit "F".
2. Any proposed use(s) meeting the definition of a hotspot pollutant generator must
provide additional storm water quality controls unless any of the following conditions
are met:
(a) Existing storm water quality controls are designed for treating such pollutants
and treatment capacity is not exceeded.
(b) Business/operator management practices are implemented eliminating the risk
of pollutants exiting the property under the control of the business/operator.
3. If any of the conditions listed in 35.7.15.11.B2 are met, business/operator must
provide in writing a detailed explanation on how existing controls are able to treat the
pollutants of concern, and/or provide a description of the management practices to be
implemented before a building permit would be issued. Provided documentation
must be incorporated into and become part of the approved Rayzor Ranch Final
iSWM Plan.
Exemptionefrom Denton Development Code Section 35.18.2.A.1 and 35.18.2.A.2
9. Approximately 99 acres, as depicted in Exhibit B-7, within the southern tract located at
the southeast corner of U.S. Highway 380 and Interstate Highway 35 and described as
Lot l, Block 5 Rayzor Ranch South Conveyance plat (document number 2010-119) is
exempt from DDC, Sections 35.182.A.1 and 35.182.A2 and does not require approval
of a final plat and construction plans prior to release of a clearing and grading permit.
10. A mass grading permit application containing all the information listed on Exhibit 9 shall
be submitted for staff review and approval prior to starting land disturbing activities.
GENERAL NOTES
NOTE: Approval of this request shall not constitute a waiver or variance fi^onz any applicable developnzent
requirenzent unless specifically noted in the conditions of approval and consistent with the Denton
Developn2ent Code.
NOTE: All written conznzents nzade in the application and subsequent subnzissions of infornzation nzade during the
application review process, which are on fzle with the City of Denton, shall be considered to be binding
upon the applicant, provided such conznzents are not at variance with the Denton Plan, Denton
Developnzent Code or other developnzent regulations in effect at the tinze of developnzent.
W s �r'� i
. j ... ... � ,�� � o-���z U J ��.., Y � rn
n h FM = J ,�Q�z `
= c� s
�
� ��r,r��-� _ _ � � � y X � � y
� _ ___ '., � � �_ � _
- — -- . �� a w z � ° Z
w �;
" a
. z 3 r� � � �
----- ff�
------ � ��-----�� - � � J
`�� �, I �_��' o � — �' �
�'�o�; ���� � I I I��Ia� II i i tL3iou
� W
-� � as�u i i � �° — � H
� �� � I II I�I 1111�1 ���_ ��� "� ii �
I i I I I I I I I I I I� I ��g m ��, ' J I II I I L�
�
�Q W
ua w
LJJJJJ N
I I� I Vd s�°�a+„ .. � L M�. : �. � ♦
.;�. �.� � �I�I��I�I� � _ . � � �. � V
�° �=� � � � L----- ��----- -_ - � a
i 4 � ^ � � J
I ii a
� � i Q � ..-c�T�i ? I � � �o � �a-� + I � � �
I `C �,° J � ° � � u
� � ¢ � .a Y
� � ��� �` � ' � i �
/� %� � � � � �
� =oa� �y
�I .��...... �� -------- - � �I � � u �
• � ' J ' � x' C
'� v�
T a �x
*,.. � - a � m c.;.._ —
� no
� a ��. ._ . jw � �-° v' � °o I I �„� n, , :� 4"'�°,r
� �
1 1 I°11 � �
� Q�� � I�� I�I I�� I�� �� � 4�� J� � �,��,li'
c �' ; � r°
� �� � � I I I
Lo9e� g° -
�.- � - ' Q � i
� �
�
��
,� � '� -
I
�
� Q � - �-� ��� �I�
& , �
0. �. q3 � �� . 5- _ _ _� _ _ ' _ _ I IN�
,�: �G'YJZ., T ..� I .
...� CC(9 .. Q ^ I I ' I I � I
, ¢ P; �� ,.:. _ , � j . � � � I I I I II
� �uum
� 6N 3 �
�- 0 °o '��^:��� � I . .
r '- ., , . , <: l4 �...
� � �e{'.- ' � ______ _______ —� � `�' I I I
� �4
� , , �� _ _____ __ _ � I I ' I��.
��������F��..�
i
�M t,�z, !y , U ° I
IIIIIIIIIII� (I +I}I-I�+I}I;; I�II}I}I}I-I�y ��I� `l� I , � N_ I I II II
a "'� p"' � � I I I I I c� I�.a� l I I I I I I�,....{ I,U,[ , � J � W I I i
V�III� � I � , � � ; � � a � �
ti ��- �llllllllllllllll�' �t��� � �
r,� �p �
m _ _ ii
T N I���t ��s� c.�� _' � � M i
I`l I I I I I I I I I I I I I I I� 'I I I� I I I I I I I I� ��� °a °,°�. °� � �� '
���'�« I II I I II I Ifl� �� a� � I �.Y�'
__ i
` JO`.+ � • i
�� N tl (I�� I I I I I I I I�'I� I I I I� � ��� r r �" � n 9+1+ �
Q 1J � I �.. � 3
(—] m e
�p � —
�. � L .—. .— J
� ,r� � � � ,-� o—o � o-0
;; q I I, , I`f' I I .- i i
,y YtTt7 I - - - - � - �- i
�N
+�. i3 n J I I I La .. ... �-
< t
-
_ _„ . � � o I�i Z
--- �. o���
� — — — r
I�j� � � ,
; - _ � l�� I I I L! �--�'°_� — — -' a � y
�ea � j a ��L , �
� snowe�� = E�" - -
�_ � R° m-rr n n n�\ • �. � I
�� � U ������ �P ��liµ
` � &� �.. 3 �R^ �.... ` �`.: �� SLi� �
r
� w N r�. V9N w., m�w�v-� .. � P� I �y: � i
v m zi
F cl 1
��i^ O .. ... _ nn . ��
__ __
, �° ��_� o��iii iii iii iiin ii��
�,.op
0
� y o , _
� o - � ,� �a w
, �, _ � �� � o�
���� � � �
,. - r p
� �,_�. � `� �
� �� y �� I I I I I I I I I I I� �l I I I I I I I�f�� ��c�°fl" ' ��
a �� � � ii
� � I�I I �� ���� .
� � ° ������IIIIIIIIi��� �1���`T1�-1��������� � �
��� -.. � � � � /� ; � �
�t
� �
IIII�� �e
` � � ���(?� � x
N b
� � ��,�n o � i
� �
� ° �"°�` �'� �i I I I I I I I I I I I I� ' o �+i y��
\_ �_ •� � � i i
__ t <,��a�� �
- - ----
— - � ----
,j �------- ------ � �-- -- i I
_
�� � � � rn � � ` e i � I
� r .G���. � � �
� � � � � g� � � , � �
� --- � �
_ � . _. .
.,��a� P � _m
� �� � � � �
°�------ �-----� �
� ��
.,.
, ��
w
,
��
.�� N ;
8'"
�
� -N
- - - - � ���� �
I a a °'
- - _ �
° � ;� �, .� ,. O �, ',.
� �
� II
� �i — --- � ----- `" ..., -�-�� �3 . � ......... ' �,�, I I
......... � ��....... �,... �� +� �...... �...... � � ..... �.. ��...... �. . ,,. .. ,,,. � I I
III
I
�
�
�
II
�� �
u
�
�
ii ;
ii �t't't
�� '
��
,
�� �
II I
II �
II i
Narrative
Proposed Amendment to the Rayzor Ranch Overlay District
May 29, 2014
Summarv of Requests
Rec�uest 1- Creation ofa NewSub District to a1lowAutomotive-Related Services
The purpose of this amendment is to create a new sub district in the RR-2
sub district on the north side of University Drive (RR-2A). This request is in
response to interest from several national retailers offering auto-related services
who want to be in a higher-end retail center with architectural standards. We feel
these auto-related uses would be complementary with other general retail sale and
service uses in the shopping center and would enhance the shopping experience and
convenience for visitors to the Rayzor Ranch Marketplace. The RR-2A area is
proposed to be allowed on the 2.42-acre portion of Lot 1R, located in the interior of
the Rayzor Ranch Marketplace, and on the 1.29 acre Lot 3R at the corner of
University and Bonnie Brae. The original proposal was for a much larger RR-2A sub
district, but the area of the proposal has been reduced to address concerns raised by
the Planning and Zoning Commission.
We have created this new sub district to allow for the inclusion of
"Automotive-Related Services" in this sub district. Automotive-Related Services is a
use that was created specifically for this sub district. An Automotive-Related
Service use is defined as:
A business providing service to the motoring public for automobiles and
light trucks. Such uses can include gasoline sales, light repair, air
conditioning service, light transmission services, tune-ups, brake work, tire
and battery sales and service and oil changes. Body shops, collision repair
services and vehicle sales are strictly prohibited. No outside storage is
allowed. Temporary outdoor display is allowed for up to four consecutive
days, no more than six times per year.
The intent was to create a use that allowed for quick servicing of automobiles
and light trucks but prohibited heavy repair and outside storage of materials and
vehicles. It needs to be noted that the "Automotive -Related Services" is an new
definition and list of services that is more restrictive from the "Quick Vehicle
Servicing" and Vehicle Repair that were requested in the initial zoning amendment
presented to P& Z. We created this new use definition in response to concerns
raised by the P&Z.
We are proposing to limit the number of these uses to a total of three (one on
Lot 3R and two on Lot 1R) and are not proposing to amend or exempt these uses
from the architectural standards that are currently required.
We are proposing that any bay doors that face Bonnie Brae be required to be
screened from the motorist's view by methods which can include continuous
evergreen landscape plant screening, screening walls, signage elements or other
acceptable methods. The proposed screening is a modification to the original zoning
amendment request that has been added to address concerns raised by the P&Z.
The proposal also includes incorporating the iSWM standards for the north
side of HWY 380 to address any potential "hot spots" to ensure that the Automotive-
Related Services do not have a negative impact on the water quality in Rayzor
Ranch. The applicant is in agreement with the inclusion of environmental
performance standards that have been included as staff's conditions (Exhibit 9) to
the Zoning Amendment.
Rec�uest2 - Rec�uest to allow mass crradin,�prior to the ap�roval ofa final plat
The purpose of this request is to allow mass grading to be undertaken, upon
the approval of a grading permit. Normally, mass grading cannot occur until after a
final plat is approved. This request will allow the grading permit to be issued while
the final plat is being approved. This request will facilitate a more timely and
efficient grading process during the construction phasing of the project.
Both city staff and the Planning and Zoning Commission support this request.
Applicant is in agreement with adhering to the requirements set forth in Exhibit F.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
� � �� �_'� .�,, Minutes
Planning and Zoning Commission
May 21, 2014
After determining that a quorum was present, the Planning and Zoning Commission convened a
Work Session on Wednesday, May 21, 2014 at 5:15 p.m. in the City Council Chambers at City
Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were
considered:
PRESENT:
ABSENT:
Chair Jean Schaake. Commissioners: Brian Bentley, Frank Conner, Jim
Strange, Devin Taylor, and Amber Briggle.
Commissioner Thom Reece.
STAFF: Brian Lockley, Athenia Green, John Cabrales, Jr., Aaron Leal, Earl
Escobar, Ron Menguita, Nana Appiah, Abra Nusser, Sophie Huemer,
Mike Bell, Julie Wyatt, Michele Berry, Darren Groth, and Deborah Viera.
iWC7F� I� SESSIC7N
Schaake called the Work Session to order at 5:20 p.m.
l. Clarifica�ic�n c�f a�enda i�e�ns lis�ed in �he F�e�lar Sessic�n a�enda fc�r �his �nee�in , and
discussic�n c�f issues nc�� briefed in �he wri��en bacl�� ina�erials.
Lockley referred to Public Hearing Item 4D; the plat lists the zoning designation. However, that
notation will be removed before the filing of the plat. There was no further discussion or
clarification of agenda items.
2. F�eceive a ret�c�rt, hc�ld a discussic�n, and �ive s�aff direc�ic�n re� ardin� �he F�ayzc�r F�anch
C7verlav I7is�ric� (F�F�C7I7, . T'he a�lican� �rc��c�ses �c� crea�e a new sub dis�ric� �c� allc�w fc�r
new uses nc�� previc�usly_�rc�vided fc�r wi�hin �he F� F� C7I7. T'he F� F� C7I7 is fur�her ain ended �c�
allc�w a�rc�xiina�ely 99 acres wi�hin �he sc�u�hern �rac� lc�ca�ed a� �he sc�u�heas� cc�rner c�f
LJ.S. Hid�y 3�0 and In�ers�a�e Hie,�y 35 fc�r exeint��ic�n frc�in I7I7C, Sec�ic�n
35.1�.2.�.1 and 35.1�.2.�.2 rela�ive �c� a�rc�val c�f a final �la� and cc�ns��c�ic�n �lans �ric�r
�c� release c�f a clearine,� and ,ra..�� er�(�bra Nusseri
Lockley introduced Nusser. Nusser stated since the last meeting, the applicant has reduced the
requested area for the new sub district from approximately 43 acres to approximately 3.7 acres at
the northwest corner of U.S. Highway 380 and Bonnie Brae Street within the northern tract. The
applicant request has two components: 1. creation of a new sub district to allow for new uses not
previously provided for within the Rayzor Ranch Overlay District; 2. the Rayzor Ranch Overlay
District (RROD) is further amended to allow approximately 99 acres within the southern tract
exemption from the Denton Development Code (DDC), Section 35.18.2.A.1 and 35.182.A2,
relative to approval of a final plat and construction plans prior to release of a clearing and
grading permit. This request was considered and discussed before this Commission on April 9,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
2014, and then tabled to come back before this Commission on May 7, 2014. The item was then
considered and discussed on May 7, 2014, and tabled to May 21, 2014, to allow for a Work
Session to further discuss the item. The applicant reduced the proposed subarea acreage and
requested a slight modification of a limitation should the request be approved.
For component one (1), the creation of a new sub district, a note regarding the potential future
ordinance should the request be approved: although staff is recommending a limitation of no
more than two of the proposed uses on the entire revised subject property should the
Commission recommend approval of the request, the applicant is proposing that one of these
uses must be permitted on Lot 3R and any of the other new uses could locate within the
remainder of the proposed RR-2A area. The reasoning behind this tailored portion of the request
is for the applicant to be able to market and entitle Lot 3R, specifically, for the proposed Quick
Vehicle Servicing and Vehicle Repair uses should the request be approved.
Nusser stated there were eight (8) questions provided by the Commissioners during the May 7,
2014, meeting. Those questions and responses are as follows: Question L What development is
currently "on the ground" at Rayzor Ranch, provide additional exhibits, maps, photos, and
aerials. Nusser provided updated aerial maps of the site, indicating what current and proposed
businesses are for the area. Nusser indicated where the proposed subareas are on the map. Site
photos were provided to show what current business are operating at Rayzor Ranch. Briggle
questioned how far the setbacks need to be on the site and if the site plan exhibit showed the
exact location of proposed buildings, Briggle shared a concern for the neighboring Starbucks and
cupcakes stores and if the potential service bays of the proposed use would be facing it. Nusser
stated the drawing is to scale; however, it is not meant to identity where the structures will
actually be located on the site. Nusser added the applicant would have to accommodate things
such as drive aisles and some features may change, but the current regulations would allow the
service bays to face the Starbucks side. Schaake clarified that the proposed revised sub district
area is shown in yellow on the site plan exhibit.
Question 2. What was originally approved for the Rayzor Ranch Marketplace (the northern
portion). Nusser stated the original site plan from the 2007 ordinance is generally consistent, in
terms of building locations, with what is existing and how the applicant is moving forward.
Nusser provided information from the original 2007 ordinance regarding Architectural
Guidelines; including sample architectural imagery.
Question 3. How much property is left for development. Nusser provided a site plan and aerial
view indicating the areas that are still left to be developed within the Marketplace. The site plan
identified the proposal for this request, anchor sites neighboring the future Academy store and a
smaller site to the west of the subject site.
Question 4. How much of regular RR-2 would remain, should the request be approved. Nusser
stated she was not able to locate the acreage for RR-2. Nusser provided a site plan indicating in
yellow the areas that are designated RR-2, and anything outside of the proposed rezoning request
sub district would still remain if this request is approved.
�
1 Question 5. What are the definitions of Outside Display and Outside Storage. Nusser provided
2 the definitions from the DDC, Subchapter 23: Outside Display: the Outdoor Display of objects,
3 items, products, or other merchandise for immediate sale, rental or special order. Outdoor
4 storage: the storage of obj ects, items, products, or materials outside an enclosed building, and not
5 intended for immediate sale. Nusser stated staff is recommending denial of this portion of the
6 request, but should this Commission recommend approval, staff has recommendations.
7
8
9
10
11
12
13
14
15
16
17
18
19
Question 6. What are the definitions of Quick Vehicle Servicing and Vehicle Repair in the
Denton Development Code. Nusser provided definitions from the DDC, Subchapter 23: Quick
Vehicle Servicing: A business providing service to the motoring public. Such uses can include
gasoline sales, light repair, tune-ups, oil changes, transmission or drive train repairs to
automobiles or light trucks. No outside storage of any automobiles or materials such as tires,
auto parts, etc., is allowable. The sale of motor vehicles shall be prohibited. Vehicle Repair: A
business providing vehicle repair and or bodywork to the motoring public. Briggle questioned
what would happen if the vehicle was not repaired the same day and would need to be left on site
overnight, for a part for example. Nusser stated sometimes the requirement is to park the vehicle
in the bay. Lockley stated most of these businesses would be for repairs that the businesses keep
on hand at all times, for instance, oil change, so overnight storage would not be likely.
2o Taylor questioned if the use definitions are changed over time due to an update in the DDC;
21 Taylor questioned if the use stays with the definition in perpetuity or if it could change. Nusser
22 stated it depends on how it is listed in the ordinance. Lockley stated in terms of the overlay, the
23 uses would still remain and be consistent, subject to nonconforming uses and how the overlay is
24 worded.
25
26
27
28
29
30
31
32
33
34
35
Question 7. What areas in the immediate vicinity allow the proposed Quick Vehicle Servicing or
Vehicle Repair uses. Nusser provided the vicinity map that identified the neighboring land that is
zoned for the proposed uses. Bentley questioned if automotive uses would be allowed on the
south side of Rayzor Ranch; Nusser confirmed.
Question 8. What businesses in the immediate vicinity currently operate vehicle-related uses.
Nusser provided an aerial map that identified the immediate vicinity that is currently operating
vehicle-related uses. Briggle questioned how many of the current sites identified are gas stations.
Nusser identified on the map the gas stations, car washes, and Quick Vehicle Servicing facilities.
36 Bentley questioned if the colors in the vicinity map with question seven reflect all of the areas
37 where Quick Vehicle Servicing or Auto Repair are permitted. Nusser confirmed that all colored
38 areas on the map reflect where Quick Vehicle Servicing or Auto Repair are permitted in the
39 governing zoning districts, including but not limited to the portion of Rayzor Ranch identified
4o south of U.S. 380. Taylor questioned if the car wash or stereo installation are considered Quick
41 Vehicle Servicing. Lockley stated car was is more of a service. It can be typically associated with
42 gas stations, or stand alone car washes. Nusser stated that a car wash would be classified as a
43 Drive Through Facility and would be permitted in the Regional Center Commercial Downtown
44 zoning district and in the RR-2 area of the Rayzor Ranch Overlay District. Nusser read the
45 definition of Drive Through Facility from Subchapter 23 for the record. Taylor questioned car
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
stereo installation facilities; Lockley stated those are service uses. They are not considered
vehicle repair uses.
Taylor questioned aesthetics; regarding the bay doors facing the street frontage. This is a major
gateway into Denton; this puts a strong effect on how individuals view our City. Nusser stated in
the staff report backup materials, staff discussed this area being a gateway and primary corridor
into the City as part of staff's recommendation of denial for this component of the request.
Schaake questioned what general uses are permitted on the subject property. Nusser stated that
retail is the general use permitted. Schaake stated that automotive uses are not retail uses and
stated that the citizens were under the impression this development would be retail uses. Bentley
questioned the difference between Community Mixed-Use Centers and Regional Mixed-Use
Centers. Nusser stated that a Community Mixed-Use Center is a center you would drive across
town to visit, like Unicorn Lake for example. A Regional Mixed-Use Center is a center you
would drive across from the north, south, east, or west to visit which has regional scale,
importance, and development, not necessarily just for the Denton Community; examples would
be the Golden Triangle Mall area or Rayzor Ranch. Nusser stated that Rayzor Ranch is intended
to be a regional destination even though if you live near it, it offers convenient shopping and
services.
Bentley referred to 2008, when Best Buy wanted to develop within Rayzor Ranch; however,
Rayzor Ranch wouldn't allow them to use their large blue labeling. Bentley added staff denied
their request because it didn't match the guidelines. Bentley questioned if there has been a
fundamental change. Lockley stated he does not believe so in staff's perspective. The intent was
to maintain a central design theme that staff felt would be consistent throughout the
development. The market changes and there are certain circumstances that also change so some
changes are expected, but the proposed rezoning request to allow the auto uses are not changes
that staff is comfortable with.
Schaake stated that the contrast between a Regional Center and a Community Center is important
and should guide the Commission during the decision-making process. Briggle concurred.
Briggle stated a concern for vehicle repair's outdoor storage potential. Briggle questioned if
RED Development was the original owner of the property in 2007. Nusser stated no. Briggle
asked if RED Development was in agreement with the City when they acquired the property.
Bentley stated that the developer is aware of the zoning on the property when they acquire it.
Nusser confirmed that the zoning travels with the land, not the developer.
Bentley stated the term vehicle repair is too vague and referred to previous interpretations of the
Code and asked Lockley to clarify; Lockley stated some of the terms in the overlay can be vague,
but staff tries to be consistent in the application of interpretations. Lockley added that staff often
hears from the developers that there needs to be more flexibility to address changes in the market
and demand. The issue is trying to balance those challenges while keeping the history of projects
in mind. There was no further discussion. Schaake thanked Nusser for her work and research on
this item and stated that the backup was exactly what the Commission had requested.
:�
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
3. F'u�ure ��enda I�e�s I7iscussic�n:
a. Fifty-percent Redevelopment Rule
b. Gas Well Moratorium
c. Initiative Petition Procedures
d. Public Notification
Lockley stated the Future Agenda Items were provided as memorandums in the backup
materials. Lockley stated staff is present for questions or if any additional information is needed.
Bentley referred to the fifty-percent redevelopment rule. Bentley stated the memorandum that
was provided didn't address what he understands the fifty-percent rule to include. Bentley stated
his understanding of the rule that was developed by Mark Cunningham, previous Director of
Planning and Development, that any nonconforming use could rebuild as long as fifty-percent of
the exterior walls remained intact. Bentley stated that is a change to the entire building or
evaluation of the building. The interpretation is incorrect and needs to be updated. Bentley
referred to Albertson's on I-35, the entire structure was gutted. Lockley stated the rule came
apart when McDonald's restaurant on University Drive pulled a Building Inspections permit to
do a tenant finish out. That tenant tore down three of the four walls and left half of the fourth
wall. Bentley referred to Speedy Cash removing several of the walls, roof, doors, and windows.
Bentley stated that was too much removed to be considered a tenant finish out. Lockley stated
staff can look into the existing interpretation of the fifty-percent rule, a few development projects
this applies to, and develop some consistency.
Strange reminded Lockley of his previous request for the Neighborhood Residential-2 zoning
district discussion; Lockley stated that request would be coming back during the upcoming
meeting.
Taylor referred to the fifty-percent rule; Taylor stated this is a good opportunity to reflect the
difference in nonconforming and the expansion table items.
Schaake questioned the public notice changes; Menguita stated the italic area is the new
language proposal by staff to begin adding to all public notices. Commission agreed.
Strange reminded Lockley of a previous request to discuss developers, developments, staff
comments, and presentations. Lockley stated that discussion would be coming back during the
upcoming meeting. There was no further discussion. Schaake adjourned the meeting at 6:14
p.m.
F� ECrLTL�F� A✓IEET'INCr
The Planning and Zoning Commission convened a Regular Meeting of the Planning and Zoning
Commission of the City of Denton, Texas which was held on Wednesday, May 21, 2014 and
began at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time
the following items were considered:
Schaake called the Regular Meeting to order at 6:50 p.m.
�
1
�
l. PLET7CrE C7F' �LLECrI�NCE:
A. U.S. Flag
B. Texas Flag, "Honor the Texas Flag - I pledge allegiance to thee, Texas one state under
God, one and indivisible."
2. CC7NSIT7EF� �PPF�C7��L C7F' T'HE PL� INCr �NT7 ZC7NINC1 CC7A✓IA✓IISSIC7N
A✓IIN CTT'ES F'C7F� :
A. A✓Iav 7, 2014
3
4 Commissioner Brian Bentley motioned, Commissioner Frank Conner seconded to approve the
5 meeting minutes. Motion approved (5-0-1). Commissioner Devin Taylor abstained.
6
7
0
0
3. CC7NSENT' �CrENI7�: S�aff recc�ininends a,��rc�val c�f �he fc�llc�win� i�eins because �hev
�n ee� �he rec�uire�n en�s c�f �he I7en�c�n I7evelc���n en� Cc�de. �t��rc�val c�f �he Cc�nsen� � ed�
includes s�aff recc���enda�ic�ns fc�r a�rc�vals and au�hc�rizes s�aff �c� t�rc�ceed. T'he Plannin�
and Zc�nin� Cc�ininissic�n has reviewed �he a�plica�ic�ns and has had an c���c�r�uni�v �c� raise
ques�ic�ns re�ardin� �he i�e� s�ric�r �c� cc�nsidera�ic�n:
A. Consider a Conveyance Plat for Mayberry Gardens, Lots 1 and 2, Block A. The property is
generally located on the west side of Teasley Lane, approximately 2,000 feet north of Ryan
Road and 1,400 feet south of Bent Oaks Circle, being 13.19 acres out of the J. Fisher
Survey, Abstract No. 412 in the City of Denton, Denton County Texas. The property is
located in a Neighborhood Residential Mixed Used (NRMU) and Neighborhood
Residential Mixed Use 12 zoning district (NRMU-12). (CV14-0004, Mayberry Gardens,
Michele Berry).
B. Consider a Final Plat of the Brinker Road Addition. The approximately 20.69 acre
property is generally located east of Brinker Road and north of Quail Creek Drive within
the John W. Creek Survey, Abstract No. 324, and the J. White Survey, Abstract No. 1433.
The property is located within Regional Center Commercial Downtown (RCGD) and
Regional Center Commercial Neighborhood (RCGN) zoning districts. (FP14-0002,
Brinker Road Addition, Mike Bell)
C. Consider a Final Plat of the Teasley Town Square. The approximately 13.16 acre property
is generally located on the southwest corner of the intersection of Teasley Lane (FM 2181)
and Ryan Road within the Eli Pickett Survey, Abstract No. 1018. The property is located
within a Community Mixed Use General (CM-G) zoning district. (FP13-0022, Teasley
Town Square, Mike Bell)
10
11 Commissioner Frank Conner motioned, Commissioner Jim Strange seconded to approve the
12 Consent Agenda. Motion approved (6-0).
13
�
1
4. PLT�LIC HE�F� INCr:
A. Cc�n�inue a�ublic hearin� and cc�nsider in al�in� a recc�in in enda�ic�n �c� Ci�v Cc�uncil
re ,aa..�� a�end�en�s �c� �he F�avzc�r F�anch C7verlav I7is�ric� (I�F�C7I7� Sec�ic�n 35.7.15 c�f
�he I7en�c�n I7evelc�t��nen� Cc�de (I7I7C�. T'he F�F�C7I7 encc��n�asses a�rc�xi�na�elp 410 acres
c�f land in i�s en�ire�v and is lc�ca�ed ,ea..�y c�n bc��h sides c�f LJ.S Hie,�y 3�0 (iWes�
LJniversi�y I7rive�, be�ween In�ers�a�e Hi�hwav 35 and �c�nnie �rae S�ree�. T'he a��lican�
prc�pc�ses �c� crea�e a new sub dis�ric� �c� allc�w fc�r new uses nc�� �revic�uslv t�rc�vided fc�r
wi�hin �he F� avzc�r F� anch C7verlav I7is�ric�. T'he New LJses affec� a�rc�xiin a�ely 43.96 acres
a� fi]se nc�r�hwes� cc�rner c�f LJ.S. Hie,�„v 3�0 and �c�nnie �rae S�ree� wi�hin �he nc�r�hern
�rac�, further described and cc�n�ained whc�llv wi�hin Lc��s 1F� and 3F� c�f �he F� avzc�r F� anch
Nc�r�h �ddi�ic�n. T'he F� F� C7I7 is further ain ended �c� allc�w at��rc�xiin a�elv 99 acres wi�hin �he
sc�u�hern �rac� lc�ca�ed a� �he sc�u�heas� cc�rner c�f LJ.S. Hi�hway 3�0 and In�ers�a�e Hi�hway
35 and described as Lc�� l, �lc�cl� 5 F�ayzc�r F�anch Sc�ufi1� Cc�nvevance t�la� dc�cu�nen�
nu�nber 2010�119� fc�r exe�n��ic�n frc��n I7I7C, Sec�ic�n 35.1�.2.�.1 and 35.1�.2.�.2 rela�ive
���rc�val c�f a final t�la� and cc�ns��c�ic�n t�lans t�ric�r �c� release c�f a clearine,� and ,ra��
t�erini�. T'he sub�ec� �c��al acrea�e is lc�ca�ed wi�hin a F�e�ic�nal Cen�er Cc�ininercial
T7c�wn�c�wn (F� CC�T7� zc�nin� and use dis�ric� and is further encuinbered bv �he F� a,�
F�anch C7verlap I7is�ric�. (Z13�0013, F�avzc�r F�anch Nc�rfi1�, �bra Nusser�
2
3 Lockley introduced Nusser. Nusser stated since the last meeting, the applicant has reduced the
4 requested area from approximately 43 acres to approximately 3.7 acres at the northwest corner of
5 U.S. Highway 380 and Bonnie Brae Street within the northern tract. The applicant proposes two
6 requests: l. creation of a new sub district to allow for new uses not previously provided for
7 within the Rayzor Ranch Overlay District; 2. the Rayzor Ranch Overlay District (RROD) is
8 further amended to allow approximately 99 acres within the southern tract exemption from the
9 Denton Development Code (DDC), Section 35.18.2.A.1 and 35.182.A2, relative to approval of
10 a final plat and construction plans prior to release of a clearing and grading permit. This request
11 was considered and discussed before this Commission on Apri19, 2014, and then tabled to on the
12 May 7, 2014 meeting. The item was then considered and discussed on May 7, 2014 and tabled to
13 May 21, 2014, to allow for a Work Session to further discuss the item. The applicant reduced the
14 proposed subarea acreage and requested a slight modification of a limitation should the request
15 be approved.
16
17 The RROD encompasses approximately 410 acres of land in its entirety and is located generally
18 on both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and
19 Bonnie Brae Street. Nusser stated the subject total acreage is located within a Regional Center
20 Commercial Downtown (RCGD) zoning and use district and is further encumbered by the
21 RROD. The creation of the new sub district is the area known as RR-2. The applicant proposes
22 to create RR-2A sub district limited to a portion of Lot 1R and all of Lot 3R of Rayzor Ranch
23 North, approximately 3.7 acres. If the request for component one (1) is approved, it would permit
24 Quick Vehicle Servicing and Vehicle Repair uses in the proposed sub district, which are
25 currently prohibited. Nusser identified on the subject property map where the new sub district
26 would be located. Nusser provided an updated aerial view of the subject site, identifying where
27 the proposed zoning request is located and the current tenants.
28
7
1 For component one (1), the creation of a new sub district, a note regarding the potential future
2 ordinance should the request be approved: although staff is recommending a limitation of no
3 more than two of the proposed uses on the entire revised subject property should the
4 Commission recommend approval of the request, the applicant is proposing that one of these
5 uses must be permitted on Lot 3R and any of the other new uses could locate within the
6 remainder of the proposed RR-2a area. The reasoning behind this tailored portion of the request
7 is for the applicant to be able to market and entitle Lot 3R, specifically, for the proposed Quick
8 Vehicle Servicing and Vehicle Repair uses should the request be approved. For component two
9 (2), the exemption from the DDC, Section 35.18.2.A.1 and 35.18.2.A.2 the applicant proposes to
10 allow approximately 99 acres to be exempt from the requirement of a final plat approval prior to
11 release of a clearing and grading permit. Nusser provided the requirements for a clearing and
12 grading permit.
13
14 The Development Review Committee recommends denial of the request to create a sub district
15 and introduce new uses. However, if the Commission chooses to recommend approval, the
16 following limitations are offered for consideration: l. Quick Vehicle Servicing and Vehicle
17 Repair are limited to the RR-2A sub district within the RR-2 subarea, 2. Quick Vehicle Servicing
18 and Vehicle Repair uses are not to be located within the RR-2 subarea outside of the RR-2A sub
19 district, 3. no more than two establishments defined in Subchapter 23 of the Denton
2o Development Code as Quick Vehicle Servicing or Vehicle Repair are permitted within the RR-
21 2A sub district as depicted in a new exhibit — Exhibit B-6, 4. inventory of materials sold on site
22 or installed shall not be permitted for outdoor display or sale, 5. inventory of materials sold on
23 site or installed shall not be permitted for outdoor storage at any time, including for promotional
24 events. Also, Section 35.7.152, Application of Regulations, should be modified by adding the
25 following language to item C: All existing conditions listed under this section should remain the
26 same: Drainage areas north and south of U.S. 380/West University Drive, for land that drains
27 into North Lakes Pond shall be designed in accordance with the requirements outlined in the
28 Water Quality Protection Plan Requirements and Drainage Map (Exhibit F).
29
3o The Development Review Committee recommends approval of the exemption request from
31 DDC Sections 35.18.2.A.1 and 35.18.2.A2, with the following conditions: l. approximately 99
32 acres, as depicted in Exhibit B-7, within the southern tract located at the southeast corner of U.S.
33 Highway 380 and Interstate Highway 35 and described as Lot l, Block 5 Rayzor Ranch South
34 Conveyance plat (document number 2010-119) is exempt from DDC, Sections 35.18.2.A.1 and
35 35.182.A2 and does not require approval of a final plat and construction plans prior to release
36 of a clearing and grading permit; and 2. A mass grading permit application containing all the
37 information listed on Exhibit 9 shall be submitted for staff review and approval prior to starting
38 land disturbing activities.
39
4o Staff sent 20 public hearing notices to property owners within 200 feet of the subject site, and 38
41 courtesy notices to property owners within 500 feet of the subject site. At this time, staff has
42 received two (2) returned responses in favor. Conner questioned if the public notices were sent to
43 the tenants. Nusser stated that notices are sent to the property owners, not necessarily the tenants
44 but deferred to the applicant regarding any additional communication they may have had with
45 the current tenants about the request.
46
E3
1 Taylor referred to component two (2) of the request. Taylor questioned if there were a flaw with
2 the clearing and grading permit, would another permit be required with the platting process and
3 asked about potential grandfathering of requirements. Nusser stated that the checklist
4 recommended in Exhibit 9 should take care of any issues such as those Taylor was referring to.
5 Lockley stated if something was to arise during the clearing and grading permit, they would do
6 that on that lot specifically.
7
8
9
10
11
12
13
14
15
16
17
18
19
Bentley referred to the mission statement of the governing 2010 ordinance. Bentley read the
mission statement into the record. Bentley questioned why staff is recommending denial. Nusser
stated because the intent of Rayzor Ranch was to be a regional retail center and the proposed
uses are more in line with neighborhood service-type uses. There were concerns with potential
pollutants and storm water which are why the proposed limitations are included regarding those
items. Nusser added this area is an important gateway into the City, U.S. 380 and Bonnie Brae
because whatever is put at this location will be there for a very long time, and the proposed uses
are not what was envisioned for the Overlay. Nusser stated that there is also a significant amount
of land in the immediate vicinity that is already zoned for this type of use and staff feels that the
area could become oversaturated with auto-related uses. Schaake stated there are neighboring
properties that allow these uses; Nusser stated correct.
2o Bentley referred to outdoor storage requirements in RR-2 and RR-3 areas; Bentley stated outdoor
21 storage is not allowed in RR-2. Nusser stated correct. Lockley stated that some allowances for
22 outdoor storage are permitted for the Walmart area.
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Scott Wagner, RED Development, 1 East Washington Street, Phoenix, Arizona
Wagner stated that Rayzor is a regional project that is over 400 acres and over 200 acres of it is
retail. The Kohl's, Academy Sports, and Sam's Club are all regional stores. The remainder of
the development in Rayzor Ranch is salons, banks, and restaurants, which are services and not
regional stores. The tenants and customers want to be able to cross-shop within the development.
Wagner stated that it is impossible to build over 1.5 million square feet and know what they are
doing day one. The public notices go to the property owners, and some of the tenants are
property owners; they have heard no objections on the record to date regarding the request.
Wagner stated Rayzor Ranch has a very active management system, and the proposed rezoning
request should not create a saturation of auto-related uses. Wagner stated the proposed uses
should not cause a lot of pollution, the storm water system in place should be able to clean the
water, and they are willing to abide by the limitations. The changes to the development made in
2010 added flexibility that kept the project going. Wagner stated they are proud of the
development and the project.
39 Rob Baldwin, 3904 Elm Street, Suite B, Dallas, Texas
4o Baldwin showed new, proposed ordinance language regarding revised definitions of Quick
41 Vehicle Servicing and Vehicle Repair, as well as some other provisions, to the Commission. He
42 also showed a site plan of a development in Arizona with a Discount Tire. Baldwin stated that
43 the development provided looks similar to Rayzor Ranch; the development has a Discount Tire
44 that is located at the entrance of the development. A site photo was provided of Discount Tire
45 that reflected a large amount of landscaping, and it appears to be a retail use within the
46 development. Baldwin stated they would like to be allowed to have temporary outdoor display of
�
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
goods, approximately six (6) times a year, for no more than four (4) days at a time. Baldwin
stated they support staff, and would like to see this Commission recommend approval following
staff's recommendations. Baldwin emphasized the benefits of having auto-related uses within the
development and stated that the remaining RR-3 area is for a large user, such as Lowe's, and is
not for pad sites.
Bentley questioned what would occur if Discount Tire is allowed to develop within Rayzor
Ranch with outside display and other tenants are not allowed to have it. Baldwin stated the
property management would have to handle any issues with the tenants. Bentley asked if it was
fair to only allow outdoor display for one user. Baldwin stated that they have not heard from any
of the other users, besides Sam's and Walmart, that outdoor display is important, and Sam's and
Walmart are already allowed to have it. Briggle referred to the Arizona development,
questioning since the Arizona development only has one of these vehicle-related uses, why is the
applicant requesting three on the subject property. Baldwin stated for flexibility. Wagner stated
outdoor display is allowed in the RR-2 area, just not outside storage. Wagner stated as far as the
uses, there could be different ones; for example: oil changing, tires, brakes, and lube. Wagner
stated they would be complementary to one another, and would prevent someone else from
coming in and developing another of the same use.
Taylor questioned if the applicant would be willing to have aesthetic or visibility restrictions on
the lots, like having the bay doors face the interior lot. Baldwin stated the way the lot is setup,
the bays would have to face the streets or Starbucks. Baldwin added with the proper landscape
and design it is far enough away from the road that it would not be too noticeable. The tenants
also have their own design standards that RED is trying to follow. Taylor stated his concerns are
with multiple developments of these uses. He stated that these types of uses tend to cluster and
create eyesores. Taylor referred to Just Brakes on Loop 288 near Colorado Boulevard; this
development is not noticeable unless you are looking for it. The Discount Tire on Loop 288 and
I-35 sits on a hill, has a large outdoor display of tires, and adversely affects the rest of the
shopping center. Taylor stated that if the proposed uses were located more inward to the
development, and not on the hard corner, that he would be more comfortable. Taylor stated that
it would adversely affect the U.S. Highway 380 and Bonnie Brae Street corridor. Wagner stated
the idea is to create a landscape buffer that would draw away from the use and a restriction on
the number of bays would not be feasible.
Nusser provided clarification on outdoor storage; both outdoor storage and outdoor display are
allowed in RR-2. Nusser stated that staff is proposing that if this Commission should approve
this request that no outdoor storage and display be allowed. Baldwin stated that the applicant is
fine with no outdoor storage and is proposing very limited outdoor display. Schaake opened the
Public Hearing. There was no one to speak on this item. Schaake closed the Public Hearing.
41 Schaake stated that there have been so many changes to the Rayzor Ranch development through
42 the years but she appreciates staff's analysis. Schaake questioned if this item can be split into
43 two separate motions; Leal concurred and stated he recommends that the item be voted on
44 separately, in two motions. Taylor questioned the applicant if he would be willing to be restricted
45 to not have bay doors within 300 feet of University Drive or Bonnie Brae Street, fronting the
10
1 streets. Wagner stated he appreciates the offer; however, it would render almost the entire
2 request and make it moot.
3
4 Conner stated that he is typically in favor of moving forward when a user is ready to go, but his
5 main concern is that the development has to look right and have appeal; having bay doors in
6 view while driving up a main corridor for the city or having tire changing noise next to Starbucks
7 is not preferable and this area of the shopping center should remain retail-oriented and not
8 automotive. Conner stated he feels the area needs to remain a regional retail center. Conner
9 stated he would motion to deny the first portion of the request. Bentley seconded the motion
10 stating that this development has been in front of the Commission numerous times and it was
11 settled that automotive uses would not be in this particular area. Bentley stated that the rules in
12 place are because of the public hearings and feels the plan should be adhered to. Taylor stated he
13 likes Rayzor Ranch, lives nearby, and uses it frequently; he does not feel automotive uses are
14 necessarily inappropriate. Taylor does not agree with the bay doors being placed on the corner of
15 two main corridors of Denton and would be more comfortable with the proposed uses being
16 located in a less prominent location within the development.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Commissioner Frank Conner motioned, Commissioner Brian Bentley seconded to deny
component one (1) of this request. Motion carried (6-0).
Commissioner Devin Taylor motioned, Commissioner Frank Conner seconded to approve
component two (2) of this request with limitations based on staff's recommendation. Motion
approved (6-0).
B. Hc�ld a t�ublic hearin� and cc�nsider inal�in� a recc�ininenda�ic�n �c� Ci�v Cc�uncil re ,ardin , a
S�ecific LJse Perini� wi�h cc�ndi�ic�ns �c� allc�w a"°I�inder�arten, Eleinenfi��v Schc�c�l"° use c�n
a��rc�xi�a�ely 7.11 acre �per�v ,em.�v lc�ca�ed a� �he sc�u�heas� cc�rner c�f T'easleX
Lane and Pennsvlvania l7rive. T'he si�e is lc�ca�ed wi�hin a Nei�hbc�nc��c�d F� esiden�ial 2
(NF��2� zc�nin� dis�ric�. (514�0001, �is�a �cadeiny I��S, A✓Iil�e �ell� Th�s �t�� w�ll b� r�m
r�ot���c� �r�c� w�ll b� �or�s�c��r�c� or� Jur�� 11, 2014a
Schaake stated Public Hearing Item 4B would be renoticed and considered during the June 1l,
2014 meeting.
C. Hc�ld a t�ublic hearin� and cc�nsider inal�in� a recc�ininendaiic�n �c� Ci�v Cc�uncil re ,ardin
rezc�nin� c�f a�rc�xiina�ely 6.71 acres c�f land frc�in Nei�hbc�nc��c�d F�esiden�ial 4(NF��4�
zc�nin� dis�ric� �c� Nei�hbc�nc��c�d F�esiden�ial 6(NF��6� zc�nin� dis�ric� and Nei�hbc�nc��c�d
F�esiden�ial A✓Iixed LTse fNF�A✓ILT zc�nin� dis�ric� and Nei�hbc�nc��c�d F�esiden�ial A✓Iixed LTse
12 NF�A✓ILJ�12� zc�nin� dis�ric�. T'he sub�e����er�v is lc�ca�ed �he nc�r�heas� cc�rner c�f �he
in�erseciic�n c�f E. A✓IcI�innev S�ree� and Jannie S�ree�. (Zl 1�001 �, C�reenbriar Cc�urto ��
CindV Jacl�sc�n� Th�s �t�� w�ll b� r�mr�ot���� �r�� w�ll b� �or�s���r�� or� Jur�� 11, 2014a
Schaake stated Public Hearing Item 4C would be renoticed and considered during the June 1l,
2014 meeting.
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
D. Hc�ld a�ublic hearin� and cc�nsider a F'inal F�e�la� c�f Lc�� �F�, �lc�cl� C, iWylie H�arnes
�ddi�ic�n, bein� a residen�ial re�la� c�f Lc��s �, 9, 10, 1l, and 12, �lc�cl� C, iWylie H. �arnes
�ddi�ic�n. T'he 1.23 acre si�e is �enerally lc�ca�ed wes� c�f IH 35E be�ween C7al�wc�c�d and
iWillc�wwc�c�d S�ree�. T'he si�e is lc�ca�ed wi�hin a Nei�hbc�nc��c�d F� esiden�ial 4(NF� �4� z„ c�nin�
dis�ric�. F'F� 14�0004, iWylie H. �arnes �ddifiic�n, Julie iW,'��
Lockley introduced Wyatt. Wyatt stated the subject site is a 1.23 acre site, located west of IH-
35E, between Oakwood Drive and Willowwood Street. The subject site is located within a
Neighborhood Residential 4 zoning district. Wyatt provided the final and existing plats. Staff
sent 35 public hearing notices to property owners within 200 feet of the subject site, and 110
courtesy notices to property owners within 500 feet of the subject site. At this time staff has
received two (2) returned responses in opposition of this request. The Development Review
Committee recommends approval of this request. Wyatt stated the applicant is also present.
Bentley stated there appears to be a dirt road on the east side of the property; the original plat
identifies it as a street. Bentley questioned if the area is vacated. Wyatt stated that is correct. The
street was never developed. There was a quick claim deed done back to the original owner.
Bentley questioned if the structure is accessed off of Oakwood Drive; Wyatt stated correct.
15 Taylor questioned the responses from the neighbors. Schaake questioned if the lot would be built
16 on, Wyatt stated the applicant is platting the five lots into one lot. The land has never been
17 developed. Schaake stated the public notification responses by the neighbors do not state their
18 reasoning for being in opposition. Wyatt stated correct, she was not provided information as to
19 why they are opposed to this request.
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Charlie Smith, 15040 US Hwy 380 W, Krum, Texas
Smith stated the church is trying to sell the property and would like to replat the property into
one lot before they sell it. Schaake questioned if the property owner is the church; Smith stated
correct. Schaake opened the Public Hearing; there was no one to speak on the item. Schaake
closed the Public Hearing.
Bentley stated he would motion to approve this request. However, there was feedback from the
citizens opposed to this request. Bentley informed the citizens that replats are governed by state
law and this Commission is required to approve them if they meet the criteria.
Commissioner Brian Bentley motioned, Commissioner Devin Taylor seconded to approve this
request. Motion approved (6-0).
12
3
E. Hc�ld a�ublic hearin� and cc�nsider a F'inal F� et�la� fc�r T'he Preserve a� Pecan Creel�, Sec�ic�n
N Phase 3� Lc��s 103F��1O5F� �lc�cl� � and Phase 3� Lc��s 99F��101F� �lc�cl� � si�ua�ed
wi�hin �he Cridec�n iWall�er Survev, �bs�rac� Nc�. 1330. T'he a�t�rc�xiina�ely 1.3�2 acre
��ertv is �enerally lc�ca�ed nc�rfil� c�f �ishc�� Pine F�c�ad, eas� c�f I�nc�ll Pines F�c�ad. T'he
prc�perty is lc�ca�ed wi�hin a Planned I7evelc�t�inen� PI7�132� zc�nin� dis�ric�. (F'F� 14�0006,
T'he Preserve a� Pecan Creel�, Sec�ic�n N, Phases 3� and 3�, Julie iW��. Th�s �t�� w�ll
b� r�mr�ot���c� �r�c� w�ll b� �or�s�c��r�c� or� Jur�� 11, 2014a
Schaake stated Public Hearing Item 4E would be renoticed and considered on June 1 l, 2014.
F. Hc�ld a�ublic hearin� and cc�nsider inal�in� a recc�ininenda�ic�n �c� Ci�v Cc�uncil re�ardin� a
�ecific LJse Perini� (SLJP� �c� allc�w a�wen��seven (27� uni� inul�i�fainily develc�t�inen� c�n
apt�rc�xiina�elp 2.30 acres wi�hin a Nei�hbc�nc��c�d F�esiden�ial A✓Iixed LTse (NF�A✓ILT, zc�nin
dis�ric�. T'he sub�e�,���ert,y is �enerally lc�ca�ed a� �he sc�u�heas�ern cc�rner c�f LTniversi��
I7rive and Nc�len Circle. (513�0006, LTniversi���ar�inen�s, Nana ���iah�
4
5 Lockley introduced Appiah. Appiah stated there was an error in the notice of this agenda item.
6 This item will have to be renoticed and heard during the June 1l, 2014, meeting. Appiah stated
7 he has spoke with the property owner and community. The notice should have been listed as
8 Neighborhood Residential Mixed Use-12 (NRMU-12) and not Neighborhood Residential Mixed
9 Use (NRMU). There will be a neighborhood meeting held prior to the June 1l, 2014, meeting.
10 Schaake questioned if a neighborhood meeting has been held to date; Appiah stated not at this
11 time.
12
13 Leal stated the NRMU zoning district does not need a Specific Use Permit (SUP), the way it is
14 posted could be misinterpreted. This needs to be renoticed to prevent any misinterpretation.
15 Schaake apologized to the citizens attending the meeting; Schaake informed them they are not
16 able to speak since the public hearing would not be opened. Conner questioned if the NRMU-12
17 allows for 12 units per acre. Appiah stated it is 12 per acre and the applicant is request 24 units.
18 Conner questioned why this request needs to come before this Commission. Appiah stated the
19 zoning district requires an SUP, which has to come before this Commission. Appiah stated the
2o zoning district is 12 units per acre based on acres. Conner acknowledged. Bentley questioned if
21 the public hearing could be opened to allow time for the attending citizens to speak Schaake
22 stated the item was not noticed properly; therefore, this Commission should not hear the item.
23 Leal stated the item needs to be renoticed before opening the public hearing.
24
25 Briggle thanked the neighborhood for attending the meeting. Briggle questioned what steps
26 could occur for those citizens attending this meeting that might not be able to attend the June 1 l,
27 2014 meeting. Appiah stated there is the public notice that gets sent out with a space for
28 comments. There will be a neighborhood meeting, with time for questions and feedback Appiah
29 added he would be providing his business card to allow them to contact him. Appiah stated he
3o would draft a summary of what was transpired from the neighborhood meeting. Bentley stated he
31 has three specific questions in regards to this request. Schaake requested Bentley send those
32 directly to Appiah. Leal confirmed.
33
34 There was no further discussion on this item.
13
G. Hc�ld a�ublic hearin� and cc�nsider inal�in� a recc�ininenda�ic�n �c� Ci�v Cc�uncil re�ardin� a
�ecific LJse Perini� (SLJP� �c� allc�w �elecc�ininunica�ic�ns �c�wer c�n a�ertv lc�ca�ed in a
F�ural F�esiden�ial (F�I7�SX� zc�nin� and use dis�ric� c�n a��rc�xiina�elp 6.�� acres. T'he
sub�e�,�Jrc�t�er�v is �enerally lc�ca�ed sc�u�h c�f A✓IcI�inney S�ree�, �t��rc�xi�a�ely 1700 fee�
wes� c�f T'rini�v F�c�ad. (513�000�, ��inc�s Ener�v T'c�wer, Nana ���iah� Th�s �t�� w�ll b�
r�mr�ot���c� �r�c� w�ll b� �or�s�c��r�c� or� Jur�� 11, 2014a
3 Schaake stated Public Hearing Item 4G would be renoticed and considered during the June 1l,
4 2014 meeting.
5
5. F'LJT'LTF�E �CrENI7� IT'EA✓IS: LJnder Secfiic�n 551.042 c�f �he T'exas C7t�en A✓Iee�ine,s �c�,
respc�nd �c� inquiries frc�in �he Plannin� and Zc�nin� Cc�ininissic�n c�r �he �ublic wi�h s�ecific
fac�ual infc�r� a�ic�n c�r reci�a�ic�n c�f t�c�licv, c�r accet�� a�pc�sal �c� �lace �he � a��er c�n fi1�e
a�enda fc�r an u�cc��in� �ee�in�.
6
7 There were no Future Agenda Items discussed. Schaake adjourned the meeting at 8:03 p.m.
8
9
14
()RIaIN�NCI:;1�1C),
�N (�RL7INANC�; OI� 'I'II.F., CI"I"Y C)�i D�:�1`�I�I"OI�I, TL;?��5, AMFNI�INCi "I'I-iL RA`�'ZC)f�
R�ANCH OVERL�Y I7ISTRiC'T', C�(JNSIS"I"I1`�iC�r C�I' 4lQ �CRF,� OI�" I.aANI� LOC�"I'}�;I) C)I�1
�30I'H SIDES C)F U.S. �-�IC��-iW�Y 3�0 (WES"C LII�iIV�,F2SITY I)R:IVE), �3F"1'WFF�I�i
IN�TEI2ST�ITE; ��IG�-�W�Y 35 t�ND £�C)I�1NTF �3E2.AF; S"I,REF.,T; SC'E;C�I}{ICAI.,LY BY
DEFINII�JG ANI7 ESTA�3I�ISI�ING PF�,Ft.M1"i„I�EI) US�:S FCJ�t � N�:W F�K-2� SUF3I7IS"1"RIC"I";
El`�iHAI�CIT"�1� ANI� �;X'I,E;NL7INC 'I"I-�L; A�'I'L[C;��3ILi'TY OI� EXISTI�JC S�I'C)RMW�."i"ER
QUALITY STAI�iI7AI2I7S �?C7R �I"� �F., D]STRIC I"; ACJTHIJR]"_T.ING I,1MI"I'�D C�LI;�RiNCJ
ANL� G��L7INCs (7T" 99 �CR�;S PF�1(JR 'i'O 'I,F-I:E l-�l'PF�C7VAL OI�' A FIN�L �'I.,�"I" C)E�.
CCINSTRUC;TION PI.�AI`J a, SC.JE3J�;CT "C(J CERZ'AIN F'RESCRII3EI� RE�SrI'�2.IC"CIOI`�115; AI'�fiI7
i'�tOVIDII'�G FC)R A I'}�;I'�1�LTY IN THI-? M�,XIMLJM AMOUN"I' OF $2,000.()0 I�CJR
VIOLF��I,IO%�1� TF-IEFtE(J�?, SEVERAE3ILI'I'Y �ND AN EI�FI;CTIVF, I7A"I'��. (ll3-OOl3)
WHE�2.LAS, the Rayzor Ranch Overlay L7istrict ("RI�OI)"') include5 apprc�ximately 410
acres of lanci legally described in E�chibit A tc� Ordinance 2�Q$-Ol �, and is lc�catec� �enerally on
both sides of U.S, �3i�;hway 380 (West Uiaiversity T)rivc), bctween Ir�terstate: l-Irghway 35 an�
�onnie �Brae Street; and
WHEIZEAS, the applicant prapases tc, create a new su�idistrict tl��rein, desi�;nated as
RR-2A, tr� allow fc�r new uses and add requiremc�z�ts fc>r approxin�ately 3.'7 acres rocated tilerein;
and
WHEREAS, thc applicant has re�uested that it b� allawed tc, clear �nd grade
appro�imately 99 acres of lanc� within the Fi.l�(�I� �rior to the ��proval c�f" a final plat or
canstruction p�ans, subject to certain rest:rictions; anc�
WHEFi.�;AS, Sectic�ns 35.'7.1, 35.7.2, ancl 35.7,3 c�fthe I�DC authoxize thc City Cc7uncil tc�
approve overlay districts to �rotect and enl��nce certain specitic lands and struct�ires whicl�, l�y
virtue c�f their type or lc�catic�n, have characteristics which are distinct f"rcr�n lands and strL�ct�res
c�utside such speciai c�istricts and coi�t�in such reasc�nable and necessary requirements to er►sure
the pratectic,n ancl enhancemeat af said land and structures. Further, the c�verlay ctistricts are
a�u�t��h��ri�ed ta establish specific dcsi�n standards arld develc�pm�ni re�;ulatic,ns to ef`�Lectuate the
pu�pase crf th� district; and
WI-�F;I2}?AS, on Ntay 2l , 2014, thc Planning and Tanin�; Colnmissian cor�ducted a public
hearin�, ai�d recommended denial af th�; portic�n of' tl�e rec�uest te� create, a new subdistrict but
recammended appraval c�f the portian of the rec�uest ta allaw the c�ne-time clearin�; and �;radin�
priar t�7 thc approval c>f a constr�uctian plaz�s and ti�nai p1at, wit�h conditar�ns; a�nci
WHEKEA"�, an June 1'7, 20 ] 4, tl7e City Council held a public heari�a� as re�uired by law
anc� apprc�ved the ch�nges madc herein; anc�.
WHERFAS, the City Cauncil finds that tt�e modif�ed R�2C)I7 serves a�rublic �ur�ose; and
WHERLAS, the City C�ouncil makes the f:olic7win�; findin�s:
A. '1"he changes are consistent witlx the De�ltc�n Plan �nd the DDG; and
B. "�he RROL7, as amended, will prr�tect and enhar�ce the Property, which is distiz�ct �'ram
the lands and structures c>utside af'the £�RC7I7, including the immediate neighbc�rl�oc>d.
NOW, "I"�-I�1RF�FORF,,
T}-IE C(JUNCIII OF� "I'I-IF; C;I�I'Y C73� D�;NTC7TrJ III�R.:Fa��Y C)F2DAII�iS:
SFG�"ION� 1. �I'he fir�ding�s a��d rr�citations containc� in th�; �ream�lc c7i' this ardin��ce
are incorporated herein by reference as true.
SE�TIOI'� 2. 'iubsection 2 af Sectic>n 35.'7.1 S.3 of the Denton Develapm�;nt C,ode is
hereby amend�d to add a subpara�raph a, descrit�in� a new RR-2A su�area located wifhin, and
such amerrded lan�;uage readi�l� as fi>llc,ws; all c�ther �ravisior�ts af that Sectian nat specitically
mociifie� herein remain unchanged.
2. RCt-2 — The Rayzor £�.anch Marketplace �2R-2 Are�, depicted �s RR-2 c�n �:xhibit B,
is intended to be a ret�il area wxth uses all�wed in the IZCG-D zc�zaing r�istrict
classification and use clesi�z�ation, as further znodified by this overlay zonin�
distx•ict, and desi�ned ta promote th� overal� character and �urpc�se c�f this c�v�rlay
district. 't"he I2R.-2 sectian of� the Rayrc�r Ranch Market�lace is reterred tc� as the
RR-2 Area in the �,rchitectural Standards, I,al7dscape Standards, and Si�;na�e
Standards in E��hibits �3, C, �I7, and �:;, an� v�ic� ve;rsa.
a. RR-2A —'I�he �ayzor IZanch Market�alace �R-2A Subarea, depicted �s �2R-2A an
E�hibit �3, is inten�er� to bc a retail area with uses allowec� in the IZ�"C-1J zc7ning
distr�ict classi�'icatio�� and tiise c�esi�natic�n, as �'u�rtl�er mc�difieci by this av�rlay
district, and dc�signed to pronaatc the overall claaracter and purpc�se of tlxis overlay
district. 'C'he RR-2� s�ction c�t the I�,ayzor �tanch Mark�tplace is referred ta as the
RR-2 �rea in the Architectural Standards, Landscape Standards, anc� Si�;��age
Standaz�ds in F�l�ibits I3, C, D, and E, and vice versa.
SEC'T"IUl�I 3. Subsectic,n �3 ("D�finitic�ns"') c�f Section 35.7,15.4 c�t' the I7entc�n
I��v�lapm�nt Cade is hercby amcnd�d tc� add a n�w definition �1"ar "`�u�tom�7tivc� �R��la�ted
Services", tc� read as tc�llows; all other }�rc�visions of th�t Section not specifically tnoc�ili�ci herein
ren�ain unchan�ed:
13. Automotive-l�elated Servic�s: A business prcrvidi7i� sc�rvice tc� t1�e tn�7tc�r�in� public
for automobiles atid li�ht trucks. Such uses can inclucl�. gasoline sales, light repair,
air conciitic�nin�; service, light transmission servic�s, tune-ups, brake wrark, tirc and
battery sales �nd service, and ail chan�;es. I3ody shops, callision repair, ar�c� vehicle
sales are not incLu�ed in this definitian. "T"hese s�rvices do nat inclucie or allaw
outdc�c�r �tara�c c>r displays.
SFCTION 4. Se,ctian 35.'�.1 S.6 ai� the I7exaton I�evelc�pment C:ode is her�by amelldec� tc,
read as fallows; all c�ther provisians c�f' that Sectic�l� nat s�ecifically madified l�erein re���ain
ui�changed :
35,"7.15.6, Market lace--Subarea 2 i)evelo ment Stanc�ards I2R-3 P I2R-2 and R12-2A
in Subarea 2 crf the Rayzor Ranch Marketplace, the City rules and regulatiat�s �pplicaY�le. to the
develc�pment of praperty locatec� witl�in an RCC-D zanin�; d:i:�trict arc applicable, �;xcept as
atherwise providec� by this C)verlay I7istrict, and further restricted or excepted as follc�ws:
P�CiI; 2
Permitted Us�s.
RR-3: Wholesale sales; reta�il construct�ic�n materials sales with a mi��imu�m flaor
area af 100,00() square feet; quick vehicle servicin�; �arden center with
container plar►t materials azzd assaciated �arden s�Gpplies anly accessory ta
retail c��r a hc>mc� improvement cent�;r in e�xccss �7f' 1 U0,(7�0 sc��zai�e fe�t, retail
sales and services, restaurants, parks a1rtc� capen space and profcssiut�al
services and a�`fices, All other uses are prohibited.
RIt-2: Retail sales arrd s�,z�vices, resta:urant�, drivc-thrau�;h facilities, inc�ac�r
recreatic7n, �arks and open space and praf�ssional services and offic�;s. All
afher uses are prohibited.
1212-ZA: Retail sales and serviccs, restaurants, cirive-through {'acilities, indaor recreatic>n,
parl�s an� o��n space, and prc>f'e,ssic�nal services and of:fices. In addition,
�Au�t�rr�at�ive-F�e.lated Services are pc;rmitte�, subject �ta the fa11c7win� liznitations:
Auton�otive-�e�ated Scrvices are permitteci on Lc7t 3IZ, and r�ne ather
�utamotive-Relatec� Services use is permitted c]n the remainder at the,
�2.R-2A area.
2. Service b�ys that face �3crnnie E3r�c Street shall be screetled frc>m view
f`rcrzn mc,torist sight lines by usc af cc�ntinuou� ev�,r�reen plant scr�ening.
p; Parks and open space, water quality feature as deiined in tllis c�rc�ii�ancc. All
other us�s �ure �r«hib�it�d.
S�CT�IU�I'� 5. S��ibsection T3 c��t� Secti«n 35."7.15.11 at' the I�entc7i� I)c�vel��pnaen�t� C'c�d� is
h�reby amended tc� r�ad as fc�llc�ws; all c�ther provisions of that �ection nc�t spcciiically mo�ified
herein r�main unchanged.
�. Storin Watc�r (7uality.
1. f?reli�rtinary ai�d �{inal �?lats for land tl�at c�rains into North I:.,al�es Pond
shall incl:ude prc�visians for ansite c�r regional storzn wate;r c�uality
enhancement, includin�; dedicatic7n of drainage easement a�rea� as
nccessary to construct the storm wat�r quality structraral cc�ntrc7ls and
management practices as dcscribed in Fxhibit "F", flny proposed use(s)
mceting the definition af a hotspot pc�llutant �eneratc�r must �rrc�vic#e
ac�clitic�nal storm watcr quali�ty cont�rals u�nl��;s a�7y c��t t17e followi�ng
cc�nd�itic�ns arc n�et:
a. E�istin�; stc�rm wat�r c�uality contro�ls are desi�ned 1«r tre.ating
such pollutants, an� treatment capacity is nc�t exceeded.
b. �3usiness/a�reraior manage�nent practices are implementeci
elit�inatin� th� risk o�' pollutants exitin�; the propc,rty under the
ca�ntrol oi the �busi���,ss/t�perator.
PAC"�E 3
c. It any c>f thc cc�nditions listed in 35."7.15,11.�3.1.b are met,
business/operatcar must prr�vide in writin�; �� detailed expl�natic�n
c�n 11c�w existin�; cc�ntrols are able t� treat the pollutants c�f concet�r�,
and/or �7ravi�e a descriptir�n of tl�e maz�a�ez�ent �ractices tc> be
implem�;nted befot�� a buildin�; permit wc�uld b� issued. �'rovided
documentatian must be i:ncc�rparated intc� and l�ecome �r��rt of the
approved Rayzor Ranch Final iSWN1 Plan.
2. � he startn water c�uality cc�ntrc�ls shall be cc,nstructed as part c�i th€� stc7rn7
drainage im�rovements for th� develc�pment.
3. F;n�ineering inspectian fees sha11 be paid tc� the City for the ins�,ectian ol
all starm water gtiality �;ontrc�ls c�urin�; cc7r►s�tructi��n. �U�7�ai�t C:,'ity"s re,quest,
desi�;ner s��all certify to t17e kaest of` t�e desi�n�;r's knawled�;e, that the
starm watEr quality contrc7ls anc� management �r�ctice.s were canstructeci
ir� accorda��c� with t�he approve;d plans.
a. £�uilding �'ermits are; nc�t prc�hibited k�y th�;se additional dr�in£��e
restrictic�ns abc�v�, provid�;d tl�at � con5truction scl�ec�ulc is
committed to fc�z� the imprc7venx�nts, an c��asite detentir�n pc�i�d has
been construct�;d and acccpted by the City, and a11 ather applica:blc
requirements for i�suance have been satis�ied.
Sf�C"TION 6. The ro��in� fc�r the R1ZC7I), a� depictecl in Exhi�its F3-1 a7�d I3-4 c,f
Ordii�ance No. 201(7-15f�, is herel�y n�c�dified tc> establish a new zc��7in�; us� district, desi�;nated as
RR-2A, withir� the previously �efine.d R:R-2 z�nit�� district and use de�;i�nation. �;xhi�aits �3-1
and B-4 af Orciinar�ce Na. 2Q10-158 are revisec� tc� reflect the new R.R-2A zc�nin�; use: ciistrict anci
are attaclted as Ea�hibit 1. This new I��-2A zc�ning use district is intended tc� cc�v�r c�nly Lat 3�t.
of the Rayzc�r Ranclx North Additian and a pcartic�n af I.,c>t 1 R of" the Rayror Ranch Nc�rth
�ddition as le�;ally described anc� de�icted in Exhibit 2 of this Orclinance. As sucf�, tl�ese twa
lots are hereby �nade subject to: (1) thc, us� restrictic�ns and development st�ndards sp�cif1ca11y
applicable ta t1�e �tI2-2� z�oning cl�ssifica�tic�n �nc� �,�se �esi�?��atic7n c�f the RC2C1I7 sct �fc�rth P��r�in;
(2) the L�se restrictians anc3 d�velapment standards applicable tc7 the ftR-2 zaning r�istrict at�d use
classificatio�� o�f` th� �2I20T.7, to the ��t�iit not� oth�rwis� �xplicitl�Y prc�v�icied in the �rc��visiat�s e�t�'
the FtR-2A zc�nin�; district cl��ssi�icatian atad use d�signatic�n o% the I�.I�(7I7, %3) tt�e us�
restrictic�tys and de�elapn�c�nt� standards �;��n�rally ��plicablc tc� the R1�.C)I.�� as a whc>�e, t�a �the
extent nc�t othcrwise explicitly �arovided in the prcavisians of� the RR-2A and FtR-2 zonin�; district
classifications and use designatic�ns c�f tl�e EZ12C)I�; and (4� to the us� restrictical�s anci
development standards �e��erally applicablc to the F2.CC-D zonin�; c�istrict classi�ication and use
desi�nation of the City as a whc�le, tc� the cxt�nt nc�t crtherwise ex�licitly p�•ovid�c� in the
provisic�ns r�f the I2RC7D or the RR-2A �c�nin�; district classifacatic�n and use c:�esi�;natir�n of' tlae
�OL7.
S�C"I"ION 7. As a c7ne-time accrammodatic�l� in sup�rort r�f tlx�; devela�ment c7f�
appraximately 99.S�i6 acres af praperty within the I2.�C)I�, le�;ally clescrik�ed in a certain
conveyance plat recarded as inst�•umcnt 2010-119 c>f t1��e plat r�;cards c�f I)enton C'c�unty, "��ex��s,
the C:auncil finds that the applicar7t's pra�c�sal to allow the clearing and �radin� c�f thi� are�� in
advance of canstructic�n plans �i1d iinal pl�t approval, notwithstanc�in�; tlze ardinary rec�uir�;z�nent
of DDC �35.18.2.A. l to first rec�uire canstruction ��ans and �nal plat ap�roval, is re�st�7�a�le anc�
F'�C��? 4
s�tisfies tihe �;oals of�the D�;nton T)�velo�pi�ncnt C�r�r�e unc�er the circun�star�ces �resent�d, prc7vic��ti
that certain miti�;atii7� measur�s �nd safe�L�arcls are taken, includin� tull adhe�•�;nce to the
enhazlced stortn water quality stanc�ards imposed upon the R.ROI7 by this C)rdinance, as set f`orth
in SectioY� 5, abc�v�c. �'rovided that all �rer�;quisite condi�tic�ns associated witl� t��z�; issua�nce c�f a
clearing and gradin�; permit are fully satisfted, other th�n the requirement c�f' pric,r cc�nstructian
plans and final �lat apprc�val, and subject to con7pliance with this C7rdinance, the checklist
canditians set forth in E;xhibit 3, �nd a11 c�thcr applicable le�al and re�ulatory require�nents
associated therewith, c�ne sc�ch clearing and �radin� permit far a cicaril�t�, anci gradin�; c�veY�t tc> be
cr�mpleted within 1�0 days i'c�llowing passa�e and a�prov�l c�f this Ordinance, and wifihil� the
described 99.SEi6 acre parcel, n�ay be issued nc�twithstandin�; the c�rdinary requirement of' I)DC
§35.1$.2.A.1 to first req�ire constz�actic�n plans and f1na1 plat a�proval.
SFCT�C)N $. If any provisioc� c7f t��is c�rdi7lance ar the application tlaereaf tc� any persc�n.
or circumstanc�; is held invalid by any caurt, such invalidity shall nat aff:ect the validity c,f` other
pravisic�ns or a�plicatians, ax7d to tl7is end the prravisians c�f tlzis ardinance ar�; severable.
SEC;TION 9. Any persc�n vic�latin� any pravision of t��is ordinance sha�l, upon
c�nvictian, b� fined a s�um nat exceedil��, �2,U(�(�.O(�. �f���aclx day that a�ro�isic>n c��t` this c�rdir�anc�
is vit�lateci shall cans%itu�te � separat�; a11c1 distinct c7�ft'�nse.
SE�'T'IClN 10. 'I his ordinance shall b�came effective f ourteen (] 4) c�ays from tlle date c�f,
its passage, and the City S�;cretary is hereby c�irected ta cau�e the captic�n of this ordinance tc7 bc
published twicc in the I�enton Kecord-C1�ronicle, a c�aily newspaper published i�r tl�� C:'ity of'
Denton, Texas, within ten (10) c�ays of thc date c7f its passa�,�.
�'AS�FU f1I�117 APPI2OVE�,I7 tl�is, the _ day af �, 2014.
A "I""I,T�ST':
J��;N�1f�iER W�LTF,RS, C;I"I"Y SI�C;�E"I'A:I�Y
I�
APPl2OVEl7 AS �i"O I�EC�AI., FC7I�M:
�,%411TA BURCTESS, CIII'Y AT""T"C)R.N�{,Y
,,,�� . � °� �����
,.
�3Y: ( ��.���"'��,���:'. ��r--��"��� ����..������,�
GHT�IS WA'1'TS, MAYOR
I'ACa1?, 5
I�j��������i�� � EXHIBIT B-1
�:.,�.�, .w...� .�.�
'� �i�� jj i ii i ii � ii '
I � .;� I I I I� I I I 1 I I I
I �` I 1 I � I I I I � I I �
I a � _'I I I I I I I I I I I I
t j� �� I f I I 1 I I I � I �
I �� .�—fY I�_i� r 11:.:1 )I _f
�Ikkj�,���������
� �_� � ��
��
�,ub .o: <<�
—,�
��
,, � � 7 �—�� � �, r,..
, 5 ��
��
�� �� Nfz��..
��!����������i"�'r��������'�u?� 4 � p � � y
E� a^ �' ��
�� � �� � '��
�.
� M1
, � ._ .__... .. I d , fi �,:: , .
,�,
t��.ee�_. �
i'
„y
�. f��I ��IIhI�YNN�I���i ���'IINPI�'
„aruuut�u4us r�.am, , 1 \
SI.[E_LOC,ATION MA3' \\\\\\\\\ "�°1�'"
�� �a
Ad�ucent Uwnerehip CnPnrmaL�on #oukh { �_
naixu n4� a.x
AAlou . am�w. mrmr.i�iv�.��.
-�.�a�,s�,ar�_,r_ _ _ _- -
�ti __.. __ __ BTfldtM WATER
ri�r�Sa`pi'nN �� COIVTkflL
,__ _____.---
. .._.. _„...,...."
�� ^ _�x ,�� . w ., ,;,
_�
� �u�ifs,'w��,,�
.�.��,��.�e
� ,k ., _.......A.. k.W...N w,¢ry.....1...,,...,...�.,.�..L.......
F � _ ��-a` Y
�� 9 . , � �
�� � � �,�� w r �
,.� ��.����i �,�""" ic.._ � �
x
I �* � �a��i'�.
d ,�., ��r�.�.�
�
,�
� ��°i ° `...
i b
� �; ��k
, , ; .rwra�ra�n
e- I
�.I�,-...('��i �I
_. ,. 9
i
i "s C:M......
Adjacent f)wnernlsip InP<rraiaCinn - North.
�n�.: vrn.M, s, �wr� eao
.w. �,., �
f= �a
I �� �
,,,
�„� ,.
Nli,�rr .5,. 4��, .unn��..z.��,.,
(; M C;
........ .i_......
ar°,.m,,.��,��,.,�..... .—„
C:; �s - �'� �� �
I.._.._ 1
- NFi-�
__1
� � I�-........I
I� I .�...... _...%
�AIULTI-RAA7lLY
newsrrv zoru
�4CIW DBN�RTY
RCBIDENTIAI.2614E
� _' .�. � I l r.. I I I::::
�
��. �II� -�.......�II
i i�r r_ i�l
� .. �__ I� �-:.:-�j_�:
1 1
, �.__ i I f-�-1 --1 I �
I . III i �..i���i
� ��� � i�� a ��- i!i
' __i� ._ _jr ...r.� 1Ii
�:
1 ... I�I 1 �._ rl`��
—
_ -.: a.�.�:
i�;.= I�( L ..'_lil.
��h-�s �
�s�� ���$
�..
f2AYLOk__PtANCH MAFKF:7',,,PI�ACE
• � PHOYOGfO bVf.ftLAY
�;,ro�w o�st acr � a recq>
:. p
r I DS�fhSY� t �p GNtu)
�� RAYTOft kpXCN SQIATH CAMPUS
I>911�� FUI d 4Y '&)U CC'.NTFN
D NSfR lYn<dl bH�n,CdYE9'jat T i•RN..2•
r i� w k1�5if2 GrD«�l l�0 dCktr:SYYWPF MI%�U UtE
NkIE�. Atl,flA9TM@NT LN pIVI31tlN LINfS
I wFiN$NOAfY�W4Y`Yq, PM0.8 NG tlN�PIATT N�G
I ENYIRITY Oi Pfttl,tECi' LIE5 WITNIN f,ITY
� LiMIT5 0�` tlEN}pN
Y........ .........__._..
Goncept/�chematic Plan owr�FlurvxureEx
��L"➢��A..AAb �b�Yd�..Yd�d N4�x /46.14F uvRO.ti"C'/O4i
__._— _,,,_. _ . . - II . .
/'� . . . _..
t, .)�Sltil 41t �J�y ( ._..__.
AI':� � FZIi� �r N II G ( L I E 'e MJ i
IN TTII„ �(f: 1 �
O h+IS LfJ�"AIfLC) ���'�E��F�IE CIiY��f:t����� IN fF�iG HN(�INFF[d 0L7[EVNY(7,�
'(I`Y�()f 171:�N�()N, 257[3�t3F3(;�E U4 IFl �
&( R R UHVCY sou r
L
f fZA,N( f L3AToUN U4tVFY
�� �' I C)C,AiE�f) ° .
f.N1C7N. ..:: ::.. —::
AIiGHIT1+C1
l)k':NTC)N C,.C71.JN"f'Y, �f�X�S; DEN�I��C)N C',(�UN�fY, Tti��.XA�, �� , �
I>A1'F.: 06.10.2G14 "' � �
�I���� �h, �„�. �� fii.�..��..m.�
,,
NR-3
�F,M .. _.,...,...._.
s w �r�t.r-1
�� ,
v ,
d t �, i b� ,� s-
�y �. w.. � 54 t�;�� �K v ".'k' :'JS�P':
� '%��r�P �rj11,���4 yfkiiy',.� �
4,r� yft�i�4s;Z;s''�ngel� ���������y�l'� ���
e, �� „! f t 1 t7 �
w � �� i�;FP ii ��' �4v�„x��/ �4pY�r'r";,
,� � �� o
� �( �,� " z��i�n� ��;
� `�,� /A.,,� �� �„�f ���;,ti i�.
�q
� , �s
� ,,
''� ���—�..I�
/ r��'�...,.:wr_�«�,�.���,,���«�
�„�, '
,�
„ .
Y �,�yry� Y'� r
4 �� �
� �r(S �A,:��
�. �+ �� �r;t3ay >!
� 3°�� �' �,�! , !�`'t �� �q4p � �
� i � � h r,;'t���d�
.� ' % tt �fi�i�F� i
�a5t �' t( ;f
� � i ;� �, i s f�,l?�
�s � J,
t� i �� � ��A�
�.0 \ a t+ j �� ,,
r,iS �t h4
cri ���
��4r`�4 i ,.
� s a�
A
RAWZbti RAI�CH MAX�KE7 IzLACL �! ���,
�r���b 4�� ��
ww�rp
iJl 4 VI-4.�ACfiE67 ���
w.... w � o� � w � ,j�i�
W+yzOR CtaN x tk�f-�a ac,a�sr
�� SOUTN CAMPUS � ' !�
� � � +'r
ar�xWwku 4U4E�AtAYW 4N7wC�!!"Y'Ek g ���i� �q
�� G.�-ae aaa�s� Z �
�y OVgRLAY m g4U"1`N 'ftR•8'
rr�� p1�T C«t-6a aCaE�Effi7 I� ki,', ',.
OI P
� r pPY1$�ikiC'T�+�O�-MSd dCIrE85 UTW Xll%ED U�9E �4 �> %y�
1
� uY
NMTBd Ab,Y�l87P1ENT IN WVIffiItlN LlNEB �1 ,,�
qi 1�'$ �MIOWM MhY BE MAbE T17 Alk64J �.... i ,
WI7H NbM7WAV8. PHABNNp 4k PLA77Ek/6 �;, �>
1 �
@Ni7WN7Y OP PNO3HCT LIEB W1'THYN CITY
LNVYO fJl^ D6N7tlN �
� ��
s�o�-� o
r �
� M �
nre-� �]�,_3
���,�.,�
r
Z�I,V J.1V V L�4,/�l`WI1.�/
�� � __._.__...__._ __ ._..__.... __.___.._.........
��:.�, W�n �.��-�i
� �.mm.,4 rr�v
4��>;� cm�-c
____,���u-�a
4:::m7 nc-�
0.����,ra�-�
�_:�:: ra�.-z
H-
W
IA.i
�
M-
Cq
4�
�'G
ud
�,,
�
m
i _
W��'�
�^�G
;
'
�NP#' S7,
� r��-�
6 � �
'��ij'�� ,'Ja��K �� r �� rj��rF �''1, tk5��pii t �i��- . . .
r �,� s�r� r yr ., i�; f�rsr% 1�✓i�iu , ��`,-�
.�lw'�+aw+<.Sv.4w.la�,�I ✓��" f ,� k� Pd� i f� � $ { � .
_ . . wsci�it�ru�t� �r ��r „ , ...
DC'-G �' ,
,,
��,vz�a� r�►n�cM : '� �, �
��, aor���c� �►u���.ax
�:������� �
` �..._.,.,�.���,�,.��
� , w c• � r -• �r
BEING a 2.425 acre tract af land situated in the Francis Batsan Survey, Abstract Number 43, Dentan
Caunty, Texas, in the Ci#y af Dentan, being a partian of Lat 1R, Rayzor Ranch �lorth, an additian to the
City of Dentan according ta the plat recorded in Dacument Number 2012-161, Plat Records of Denton
Caunty, Texas as well as being a portion of the tract nf land described as Tract 1 in the deed to RR
Marketplace, LP recarded in Dacument Number 2008-134210, Deed Recards of Denton County, 7exas, said
2.425 acre tract af land being mare particularly described as fallows:
COMMENCING at a paint in the wes#erly right—af—way line of Bonnie Brae Street (a variable width
right—of—way) for the sautheasterly corner af said Lot 1R;
THENCE witFr the westerly right—of—way line of Bannie 8rae Street Narth 00° 49' 16" East a distance of
36.00 fee# to the northerly line af a Variable Width Mutuai Access Easement as shown on Rayzor Ranch
North, an addi#ion to the City of Dentan accarding to the plat recarded in Cabinet Y, Page 740, Deed
Recards of Dentan County, Texas far the POINT OF BEGINNING;
TNENCE departing the westerly right—of—way line af Bonnie Brae Street with the northerly line of said
Variable Width Mutual Access Easement �larth 88° 37` 48" West a distance of 6$4.12 feet ta the
sau#heasterly carner pf Lot 16 of said Rayzor Ranch Narth (Dacument Number 2012-161);
THE�ICE departing the northerly line af said Variable Width Mutual Access Easement with the easterly line of
said Lat 16 North 01° 22` 12" East a distance af 154.00 feet to a point far corner;
THENCE departing the easterly line of said Lat 16 Sauth 88° 43' 34" East a distance af 6�2.63 feet to a
point in the westerly right—af—way line af Bonnie Brae Street;
THENCE with the easterly right—af—way line of Bonnie Brpe Street Sauth 00° 49' 16" West a distance of
155.15 feet to the PdINT BEGINNING;
GONTAI�JING a compUted area af 2.425 acres (105,631 square feet) of land,
. . y
■ �
2Q10075.p10
A drawing of even date accpmpanies
this metes and bounds description.
MAY 19, 2014
C�►UNA�NA
�/
S50 6ailey Avenue • 5uit� 400 • Fa�rt Worth, iexas 761Q7
Tel: $17.335.1 121 • Fax: 817.33SJ437
FIRM REGISTRATIC7N 1009810b
PAGE 1 qF 2
FRANCIS BATSON 5URVEY
ABSTRACT NUMBER 43
ci�v o� �E�vTaN
DENTON CC7UNTY, TEXAS
iJlb'M—�p-1HJIa HICIIM 3'18t/12lt/�)
1���15 �`d�18 �INNq'8
�Z�'� l L
�-- �,.�..�.� �
�'`�. .
F- H O �
�Wh`•
� ���C�7
W WL1-
a I
���`
Q t— CL
CCi Z W J �
� � � � I
C� Q � � �
c� ����
�~�� I
����
W��i
� U° Iu
o �y
� ° I�
��
`��„�''.,� w
��°�. i �
4����� I �
r+"'" � I �
J �� �
Z��
wl
��
� � I
� m
�
� � Z �
�q�� I
W
J � � d
O�
�4
� � 1�
I '
�s�—z�az � I
��ewnr� I
lr��wn�oa
�y Wl2lON `' I
E"�..J�dU� ���i..d4 I
g� la�
� r�
�
LL. Z
��
I-- �
C7 W
,� L's� � [t m
M„9 6,6�b.00�
-. -- __
_._) .. _
__
�
�
�- `° � i
Q � � �
~�I
�"� W aCr
1=-
��j0
��cv
w
r� U
� Q
� �
��
� �,
��
w
�
� � I �
w w c°v' �
��� I I
J � �
CC W pp L
� �1
� i,� a
�
`� r
�� �
°� I �
�� � I
i
�� � � I
I
W� I �4
c�W �i
'"�w � I I I
LJ.1
� �7N � ��
a�. w N c`�a I
a �' � � I
'r� `[ (
W
J C7 �f7 �
.
.
.
,�
I
(
l .._.
F
��
�
I�'
��
��
�'j�,
I�
Z
I
�zN I I
��� �--�a � � f
5G1N I--Z4 � � I
/ � � �
� � � I � ( �
p W � I
� I
� � � I � �
•- I � �
,OQ'�b5 L � I
��sz �,z�. �a� I i
I �
� i
I �
II
I I
I �, I
�!
�r �
l
� �.
��
---��,�,� �—
_.�-
� e�
o '�
������
_ ._� � ,._ ._ .
� ��
W� <LZ� N
"�`� � �'`'� CC W� � b
(.7
CCW� d�d CW.7
a-W7- r'�7 �WO d
� n`
��w o cnz
�z� --� W �
,�ap �w
�
">�c'�.5 �cL
� �
� Z ,�
_ � c�
_)
��
'�— '� m�
� � �
q.���
�
��t'14
WCC�N
'��O
<1 t�
Cr
Q Z '�d'
�wh�
��w
�V)Q
���
��7-
��
�
J ��
m"�Ci7
^d q
d �
:�"
cc
�r
�
0
J
Mr
•
�*
•
�
�
1
r•
�
�
O
V'1
�
4
0
tev
c
y
v
O C
c�
o �
v
a za
'� v�
w �
'Q N
a
-�o "c
c �
� �
0
�a
� G
� ,�
��
��
a '4
�
�C
� 'd` X
���H
O
� � � �
�1 � W �
� � � �
,,� � u.. O
,�c� a�
;� �o
�m "�
� �C p
�
�,
�
�
� o
�' h,
c�a
�":;�
���
� � � ^
, ;� z
U C>
� � � �
� = t7
� •��
�r`'�
;�LL.
� ��
d ? t--
N N
aj f7
�, m
a �
�
��I��IP��m��.��
.��........._ �.��,.�
Rayzor Ranch South Mass Grading Permit Checklist
❑!� copy of the appraved plat with a11 rights-of-way and easements naarl€cd c7x, provide evid�nce that
project has t7een exc;ir�pteci frotn the rec�uirement fr�r fis�al plat appraval.
❑"T"re� I'rcc.servatian ancl Mitr�ation I�lan, i£ a�plica�7lc
❑ 'T"ree 1Zemoval Persnit, if applicable
❑ C�raciing ]?lan (see the CJradin� 1?lan sectic�n bel�w fc>r requirerzzents)
❑ Submit C.;c>nstxuction Site I?lE;cteonic I7ata F�ntry availal>]e at l�tt :�rw�v. •i c>tcar;���can,c�>z7a �;� en s-
s Mrvi •°s d- art�n °r�t� -c -r �nr�t �°-ut:ilitic,s w�te�sl�.�.c�- rr>tr:,c Gi�:>�a- rca �r,�rn st:r�rrn-�vatc;r-cc>nstn;x tic ix-
re>�.��ta<>s�5 .
I� F�,rosic��� C:c>nY,�rc>l 1?lazr (sce tkie F;rc7sir>s� C;c�ntrr�l I'Ian �;ccticarz 'belr�w fc>x rec�tiiitcxnent�s)
❑ Site I'lan
❑ ES1', Revie,w, if applicable (see the E;�>A Re�vie.w sectic>n belc�w far rcc�uirements7
❑ Stakin� c>r fla��in�; limits nf r?��s c>n siC�, if applicak�le
In additian, submit the following if public improvemei�ts are also propc�sed.
❑ Submit a ca�iy c>f the approved civil plans
❑ Subznit a copy of the executed thr.ee way cc>ntract
❑ Schcdule anc� ho1c3 a�xe-coxzstruction meetin� with 1?zz�irzeerin�
❑ 1'ay calculated .insp�ctic�n fces
❑ T,ot lines wrth cliimensic>ris axici areas
❑ <;Iearitzg and grubbin� l.imits
❑ Loe�tic>n r�f e�isting utilities (ab�ive ar�ci l�elc7w �;rc>ui2cl)
❑ I,cacation of proposed utilities (above ai�d belc>w �rc>u:i7d)
l� T:"sxistasx�; tcrpc��raphic (cor�Cour) lizi�s tc> 5C) ft beyc7nd cl�aring/�,�ac�in� lisnits (znaxisnum 2 ft cc�ntour
interv��l)
❑ 1'rop<7sc:c� t<>pa�raphic (e<antor�r) l.ines tc� 5() ft beyc>izd clearin�/�raciin�; litrrits (rnaximutn 2 ft crrntc>ur
interval)
❑ C;ut and fi11 cntch line s
❑ Area dra.ina�e ma�
❑ F:?.SA or c>tl�er critical area baundaries and relateci setbacks
❑ C:xcneral lc�catic�n, type, ran�;e� caf sir�, aGZCi cc>ric�.iti<>s� c�f �.xistin�; trees anc� �rc7r�r�cicc�vEr c7n the subject site
Page 1 of 3
���µm���'�� �
..�,.�..� _,��.��.�
❑ I7rainage clitcizes (arrows �tcr �lac>w flow c�irecrican)
❑ 7=:xistin� �cptic r,as��s/drsainfields c>r c>thcr �irYC3er�rc>und tanks
❑ C)ff-s:'tte area tril�utary tc7 cicarins��,/�zaciin�; arc.��
❑ I,ocation ��f existin�;/praposed fi�el t�nks
❑ Watcr wells anci c�rres�c>ndi�i� we,llhead �rc�tccCic�n �reas
❑ Soil types Sc�il Infc>rmatian can be fc�und at the C1SC'x�, websc7il su�-vey
1�tt�a;//v✓clayo�s�at°ve:ynrc.w u5c��a��r/
❑ Lc>cati<>ns of sc>il pits and infiltratic>n tests
❑ N1ulclung anc� vegetatian plan
❑ �:aseiz�ents anc3/c�r ded.ication deecis
❑ ite�;ic7nal and r�ff-sit:e impravc;ments secu�ecl
❑ "Ca11'I;efc>re Y'c>n I7i�;-1-£3(7O-424-55�r5" nr�te
❑"1'raf£ic c�antral plan a�id e;ncroachm�:nt permit a��.>lic�t:ic>t� (wlierc: gradin� c�ccurs within City ri�;ht of way
or haul vehicles access r.he C;ity's right c>f way)
❑ I,c>catians and details c>f tem�orary erc>sic>n/sec.�i�zzent ec�ntrr�l c�evices and best management practiees
CF��u175�
❑ Natu.ral draina�e features (arrows to shc7w flc�w directic>s�)
❑ C�eneral erc>sic�n cc>ntral nc7tes — refer tca C:'iry c>f L7enton I7rainage C;rit:eria Manual
❑ Canst�uctic>z� entrance detail
❑ Lc>ca�icar� a�7d dcta.ils c5f tc,�n}7c>rary s�^diment posicis
❑ 1'ermanent sta6iluation cletail
❑ Attach ca�y c�f NC.7I (if 5 acres or �,rrcxter,) «r Site IrTc�ticc, (if b�tween 1 anci 5 acres) frc>rn 1"C��:C). If sit� is
part of larger cornmc7n plan of develr��stne.nt c17at is either 5 aeres c7r �xeater, an NC7I is rec�uired. Ii
the site is part� c7f a lar�cr commr��7 plan r>f c��vLl<7��mcnt t�Lxat is �etwee�n 1 and 5 acre:s, then a Sitc
Nc.7tice i�, rec�uir�,d.
❑ itefer to tkie NC; I'C�C7G website for. iSWM Des.ig;tx M�nual fc>r !�c>�astruction
I�tt�r./�i��,�xrinctc;cr .cax> I)cacuzncnts t�c�hxaic;�l xn�ra�a�i ��cazasfincc�ta.G�a�r C;�antt°c�ls �-2C)1Q�.>cif
❑ Refer tc> the "I"CF:C) wcb:>ite fcar further. inform��tic>n ab<>��t: str�rrn water permits
I�t. : w�vw.tce .sr,a��,tx.us saav �er.aaai.r.s �;w errx�.its.�7ca�n1
❑ Locarion�; ax7c� extent: c>f a11 Erzvirc�nme.ntally Seszsitive A.rc.�s (F:S.As) c>n sit:e
Page 2 of 3
��°:�I�������`: �
,���...���,�.�
�
■
■
■
A d�terminatian, by t�re U.S. Army C�c�rp�; c7f Ii,n�;iiseer c�r a c�ualifie.ci envirc�n�-ncr�tal �cientist wit.h a
de.lineatic>n certified by th� �;carps, c�f the. pr.esence. rar �bsence c�f jurisd.ictianal wetlar�ds and waters �f tl�e
U.S., anc� an indicati<7n af the lr�cation c�f any juzisdictiorzal «re:tlands, if applicable
C:;ulverts or bri�ges and assc>ciated land disturbances
Tiuildin� envelc�pes fr,rr new c>r redcvelc�pmc.nt parcels
I,imits r>f clearin�, �rac3ing, and/or �;rubbin�; activit.ies
Notes:
1. Nc> land dist-�xrt�in� activi,ry is allawec3 within any j�ublic ii�lxts-of-way or easements, unless approved
by the �;ity E?.n�;inecr:'tng I7cp�rtment.
2. Additional In£c7rmatir�n m�y be rec�txired by City staff duri�a� tl�e projc:et review
3. "I"he follc�win� c�e,fi.nztic�ns belc7w are f�ax clari£icatic7n:
a. Clearing is an intentic>nal act to cut c�own c�r ciama�e a tree and/c>r u:ncierst<rry vegetatic�n, tc:>
t}ie extent tlzat t�xe tree and/o�e understory ve.�etatira7� will declirxe c>r die. C;leariz�g iriclu�es, but
is nc>t limite ci tc7, herbicide or similar c1�e,nvcal tre.at�nent c>f trees 1nd/crr uncic:rstory ve�etati<>n,
physical removal, darna�e fr.oin sc�il cr.�tn�aaction, c>r daznage due t�a grading.
b. Grading is thc mechanieal t>r �hysical act c7f distizrbir�n, �noving, r.etr�c5vit��;, transferrin� rar
red.ist�ibuting soil.
c. Grubbing is the mechanical ar, p�rysical act e�£ r,esnc�vir�� stumps, uncier�rusl�, �nd re�cks, pric7r
tc> elearing anci �;radin�. �;Trubbin� �oes nat allow fox at�y �radr, chan�es, c>nly ve�etatiaza.
re.mc7val dr�wn to bare sc�il. � trec removal �erczvt is requi�ed f�r all trees with a 3" c>r greater
dia�neter, �neasured at 4.5 feet abr�ve saatuxal �rade.
ci. Imparted fill is the mechanical r�r pliysical act r�f F�ruz�ing �;r7il .i�� frc>tn c>ffsite, Wheci
stc�ckpilin� im�sarte,d fil1, it shall c�ccL�r r�n privat:c prc�p�:�ty anly.
e. Excavatian .is the mechanical «r physical act to cut, cli�;, or scc�c�p sc�il,
£ Stackpiling is the IZOlding crn .land of material c�x prc>c�ucts such a:;, any scail, sand, gr�vel, clay,
tnuc�, debris, ve�et�tion c>r any other nxateri�zl, r>r�anic r3r inor�anic, in a cc�ncentxated statcY.
�;. Geatexrile is a synthetic permeable fabric, eit:h�r woven c>r Lxnwc>vei�, t]�at pr<>vides filtxation,
separatiarr, a�Yd stabiliration prr7perties whe �� applied tc� sc�il s��-faces, arld I�as the a}�ility tr.>
rc�ducc:s erc�sian anci s�clime.nt�Cic�n c�Lie tc> r,ain c�r a storm ev�nk.
Page 3 af 3
'��al Map
9 ce�re�r��e�"coo N .�. �� o, o..,o. �„ o,�wRa �,� ,P ��.m..ti .,..
..,,., ... e . .�.. .o„�.�mo,o..m,.a.�o.a�,
paa,�ei� ��� sveaR m9o.,.�m9o.�o,�e.,.,,�..,o. �
�� �.
Q� '�� i veaR .R ..�,o,,,�,k o�o. o„k �
a.r�v W E , � ,.,,� , , , „
ue Q� p ET� . ,�, , o o. .,,. o. �t'[`,✓
'^1 F° R68 maa �ioi.�o�,�im.o..�.omdo..�o.�,k.,a.rv.�a� C1P
° - �a �.. � ,rm
��-�- � - �Retl�. Band 1 S �,. . . ��q� � �
,,. v o.��.
&�N�urv'�»vxa'�v q';ria^�S�uw�Quvo�:�7rroP�. r d;;idA rv �°'"'� cree��. ea�a z o ias a�o �ao m„ . .� �..� .. .o. , ��, �,o . ��_�„�6.. , .�
o,�e:.��,��o,a �ewe: ea�a a Fee[ ��.a�,,.��,a.,,ti.a�.,9,b,.a. ' "'
� c r�n���e coo N
m �eneo,nooa ce�re, �^� .�. �m o, o..,o. �„ o,�wR, �,� ,P ��.m..ti .,..
�� � 5 V EHR m...,a.o� ox.:, m,o. or u. cm or o.nm,.e.no.a ��
�1 oownmwnunversrycore �,�n�IlliW]VEaR . . �
IIII IIII I d lal Gen er �' �eET� ereT. o�� s��r��e �osa.e k o�o. �o �k o
crrv � o m ���vM�.ed��eoe�� e,„ W E .,o.,bbH�.�,��,,,.,o,ko.,.,,,.,o.,� I
°C IIIIIIIIIIIRg��onalM�xetlUSeGenter R6e �,�o.�o�„m.o..�.�m=o..,o.�,,.,M„�,�„ �1�
M no,
� �° �I R a�. ea�a_i ° � ° C)F
�...,� � ; e Pi v ��ce�re� � ,� , . o,�a � „m
. E . . g � �a use ��. ea�a_z S �„ . . . �...� . �,,,_ _ .
,�.
&�N�urv�»vxa',vq';ba^�S�uw�4uvo�:�r,rroi�.r�"idAro IlllllllllR�aia��� eme: ea�a_a o ias a�o �ao �° �°".°"`�".� ��°,�^^,"„�' _„�6
pPa,�ei� Feef a�,,.�_a.,e.a.9,b,.a.�..o„�„�,.m..
Exhibit 5
Notice of Public
����-�'�'� �i
�I����.��
w
�„� . I um�om�Lo�tt11F�5�?ft���ffi�e �C�YICb `� i� �,y,. � �
�-
� i ���VN I uuum� fl3-��11w�Latl91F� II, �", V' �'IEkR �. 0.��� �� � �1 °�IIrI(I" '�'µ'"�;�"I�,I�'
�� �° �"'�' � � ��� ��'���rr����a������ru� �� � �riE,a� �' � �.
h , , { ,� i � � M,. .. ��� �'d � ��IW����� 1� 'W
.irn v� ,.,...
uw�. ......... �uf�pflYAC"COIIPII'2' I� '.� �T.� �d
. .........._.,_,..... �,wrr: � ��.,,�..,,�.. ��,.:.
Exhibit 6
Site Photos
nif�� � runr�lim //�/ ��i%%�//////
�'J/�l���f � � / !/O%��1llt///i / �i�lJ��/ / �rii i "
'//�// �%�fGO///////O/%/O/i%''/ �/,� �� �
/„//,,/ �� ////l/ � 1f1 � i r���'� 3y��
%%�ii//%�"�/i%�/,/f; ; �i/rl���n ��lrtrll�j����
f�������i�����rl�jf� �� i i� � �`�����������rr� ,'.
/lJl ir // i �i///�%1 / ��/// �� �� ���� �� f ,
I %�� , �% // / ��i���� � � 1 � ����i� �%�
iii�/inr i r/i '� iu�or/l�i� ��%�iii O�i�����/��
l� /! / i ��� ��/�/ �/� ���/��i/ � i/i /
� i0/ �n/ r G/a�i i � l�i O/�ii � li0r,� r/
ir��� /I /� i �1/ %f , / il � �� % � �� ��/����ii�/� ��/i�/I
r i�A��� /� � r //iir i� �/ J i�
I + y / i //��
��'Y�r �/ � ����i,���i// �l�/
`%, lll�, i //,i, � �, , ,� i ���„ „ � ; � ��,i f �/�;
�„��%-
\\codad\global\planning\6-9-10 rayzor exhibits\updates\rayzor ranch overlay ordinance final 7 12 10.doc
Exhibit 7
ORDINANCE NO. 2010-158 (REVISED)�
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
DEVELOPMENT STANDARDS FOR THE RAYZOR RANCH OVERLAY DISTRICT BY
SUPERSEDING THE PREVIOUSLY APPROVED RAYZOR RANCH OVERLAY DISTRICT
CLASSIFICATION, AND AMENDING BY SUPERSEDURE CHAPTER 35, SUBCHAPTER
7.15 OF THE CITY OF DENTON CODE OF ORDINANCES, "DENTON DEVELOPMENT
CODE", "SPECIAL PURPOSE AND OVERLAY DISTRICTS"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the property defined by the Rayzor Ranch Overlay District,
legally described in Exhibit "A" to Ordinance 2008-018, and incorporated herein by reference
(the "Property") supports the amendments described herein to the Rayzor Ranch Overlay
District; and
WHEREAS, Sections 35.7.1, 35.7.2, and 35.7.3 of the Denton Development Code
authorize the City Council to approve overlay districts to protect and enhance certain specific
lands and structures which, by virtue of their type or location, have characteristics which are
distinct from lands and structures outside such special districts and contain such reasonable and
necessary requirements to insure the protection and enhancement of said land and structures.
Further, the overlay districts are authorized to establish specific design standards and
development regulations to effectuate the purpose of the district; and
WHEREAS, on June 9, 2010 the Planning and Zoning Commission, conducted a public
hearing, and having found that all prerequisite requirements had been satisfied, recommended
approval of the requested zoning and code amendments; and
WHEREAS, on June 15, 2010 the City Council held a public hearing as required by law
and approved the modified Rayzor Ranch Overlay District, as amended herein; and
WHEREAS, the City Council finds that the modified Rayzor Ranch Overlay District
serves a public purpose; and
WHEREAS, the City Council makes the following findings:
A. The changes are consistent with the Comprehensive Plan; and
B. The Rayzor Ranch Overlay District will protect and enhance the Property, which
is distinct from the lands and structures outside of the Rayzor Ranch Overlay
District, including the immediate neighborhood. NOW, THEREFORE,
1 At the lune 15, 2010 City Council meeting where these revisions were discussed, the approval motion
incorporated numerous modifications that were incorporated into the final signed copy of 2010-158; however, it
was later discovered that the changes were incomplete. This revised copy incorporates the missing elements
considered and approved by the City Council at the lune 15, 2010 meeting.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. Chapter 35, Subchapter 7"Denton Development Code", "Special Purpose
and Overlay Districts", Code of Ordinances, City of Denton, Texas is hereby amended by
supersedure of Section 35.7.13. Rayzor Ranch Overlay District, to read as follows:
35.7.15.0 Ravzor Ranch Overiav District.
The Rayzor Ranch Overlay District classification is hereby defined with respect to
approximately 410 acres of land, legally described in Exhibit "A" to Ordinance 2008-018.
35.7.15.1 Purpose.
The purpose of establishing the Rayzor Ranch Overlay District is to:
A. Ensure compatibility of new construction with the existing scale and
characteristics of surrounding properties; and
B. Protect and enhance specific land features which have characteristics distinct from
lands and structures outside this Special Purpose District; and
C. Provide within the Rayzor Ranch area a combination of land uses arranged and
designed in accordance with sound site planning principles and development
techniques; and in such a manner as to be properly related to each other, the
immediate surrounding area, the planned mobility system, and other public
facilities, such as water and sewer systems, parks, schools and utilities.
35.7.15.2 Application of Re�ulations
A. The Rayzor Ranch Overlay District shall be consistent with the Denton Plan.
B. The regulations included in this Ordinance apply to the portions of Rayzor Ranch that are
located both north and south of US 380 / West University Drive (US 380). The portion
of Rayzor Ranch north of West University Drive (US 380) is hereinafter referred to as
Rayzor Ranch Marketplace and the portion of Rayzor Ranch located south of West
University Drive (US 380) is known as the Rayzor Ranch South Campus.
C. The development regulations that are applicable to properties north of US 380, including
those that have building permits issued or in process at the date of adoption of this
ordinance (specifically Lots 6R, 7R, 8R, 9, 10, 12 and 13 of the Rayzor Ranch North
Addition), and the Cook Children's tract and the Denton Municipal Electric (DME)
2
Substation tract south of US 380 are governed the regulations established in Ordinances
2008-284 and 2009-169.
D. The City rules and regulations applicable to the development of property located within
the NRMU and RCC-D zoning districts are applicable, except as otherwise provided by
this Overlay District and further restricted or excepted herein and may not be varied or
excepted other than by amendment of these standards.
E. Provisions for solid waste receptacles shall follow the City of Denton Solid Waste
Criteria Manual.
F. The Rayzor Ranch Overlay District shall retain the underlying zoning district and be
noted with an overlay designation on the Official Zoning Map.
G. The Districts defined herein, may be developed in phases with any or all of the uses
allowed within the individual sub-districts. If the common amenities for future phases,
including but not limited to open spaces, landscaping and/or recreational facilities are not
yet constructed; a phasing plan shall be considered as a component of the final plat. A
phasing plan shall provide a graphic and narrative document that indicates the sequence
and time of construction, provides a description of the phasing order (e.g. 1, 2& 3) and
includes infrastructure requirements for each phase, as amended from time to time with
approval of the City Manager.
H. Before building permits may be issued for any portion of the project, a Site Plan for that
portion of the project must be approved in conformance with this Ordinance and
applicant must demonstrate compliance with this ordinance and all attached exhibits.
The site plan requirement does not apply to Lots 6R, 7R, 8R, 9, 10, 12 and 13 of the
Rayzor Ranch North Addition. All other properties north of US 380 and the Cook
Children's tract and the Denton Municipal Electric (DME) Substation tract south of US
380 are governed by the regulations established in Ordinances 2008-284 and 2009-169
including Section 35.7.13.5 Marketplace - Subarea 2 Development Standards (RR-3, P,
and RR-2) that states in part: Permitted Uses. These uses must be located within the
Subareas as shown on the attached Exhibit B-5.
I. Development within Rayzor Ranch shall conform to the adopted Concept/Schematic
Plans attached as Exhibit `B-1" to these regulations as amended pursuant to Section N
below.
J. Bubble Plan — The purpose of the Bubble Plan is to show the general configuration of the
different development areas within the subdistricts of the Rayzor Ranch South Campus.
The configuration of the Bubble Plan attached as Exhibit B-2 is general in nature and
3
does not intend to show the final configuration of roadways, property lines or utility
easements. The final boundaries for the subdistricts will be determined during the site
plan approval process.
K. Concept/Schematic Plan — This plan, attached hereto as Exhibit B-1, is intended to be
used as the first step in the overlay development process. The Concept/Schematic Plan
may be amended or approved alone or in conjunction with a site plan in a public hearing
before the City Council.
1. The Concept/Schematic Plan establishes general guidelines for the district by
illustrating in graphic form both internal and external streets, thoroughfares, other
means of access, open spaces, natural resources, uses, densities, intensities and
height. The following information should be provided for a complete
Concept/Schematic Plan:
a. The date, written and graphic scale, north arrow, proposed name of the
development, key map showing the location of the development in relation to
existing streets and highways and dates of preparation and revisions.
b. The name and address of the property owner or owners, and the design
professional preparing the plan.
c. The names of the record owners of adjacent undeveloped and developed land.
d. Title Block containing: Proposed name of the subdivision or lot of record,
acres in platted and unplatted land and total of those acres, survey and
jurisdiction (City of Denton, County of Denton, Texas, for example).
e. Acreage of the project.
f. Show and label any proposed phasing limits.
g. Survey boundaries of the project (or references to the survey).
h. Proposed general land uses and the acreage of each use including open space.
Proposed street layout (arterial level required, collector and local to be
developed by the applicant and reviewed by staftj.
j. Development Standards:
i. Maximum height of buildings
ii. Minimum lot area
iii. Minimum lot width and depth
iv. Building setbacks
v. Maximum lot coverage
vi. Maximum floor to area ratio
C�
vii. Off-street parking standards
k. 100 year floodplain, floodway and major drainage ways.
L City limits and Extraterritorial Jurisdiction (ETJ) boundaries.
m. Zoning districts and land uses on project and adjacent lands.
n. Preliminary water and sanitary sewer layout.
L. Site Plan — This plan is intended to demonstrate and confirm that the proposed phase of
the development moving towards construction complies with all of the requirements of
this Ordinance and the applicable portions of the Denton Development Code.
1. Rayzor Ranch will be developed in phases and a Site Plan must be approved for each
phase. An overall Site Plan for the entire Rayzor Ranch project is not required.
2. Site Plans for Multi-Family Dwellings shall be approved by the City Council, and
Site Plans for all other uses shall be approved by the Planning and Zoning
Commission, if they substantially conform to the Concept/Schematic Plan approved
by the City Council, after approval of the Overlay Ordinance and Concept/Schematic
Plan. If pending amendments to the Overlay District Ordinance and
Concept/Schematic Plan do not affect the development phase for which a Site Plan
has been submitted, then the Site Plan may continue through the approval process.
3. The Site Plan provides additional detail to the approved Concept/Schematic Plan by
illustrating in a graphic form internal and external streets, thoroughfares, other means
of access, open spaces, natural resources, uses, densities, intensities, height,
boundaries in a metes and bounds description, drainage facilities location, minimum
setbacks, maximum floor area ratio (FAR) of buildings; number, location and
dimension of all lots, number of dwelling units and density. The following
information should be provided for a complete Site Plan:
a. Acreage in project shown by survey and certified by a registered surveyor;
b. Permitted land uses and acreage of each land use;
c. Land uses and zoning of adjacent properties;
d. Drainage facilities;
e. Other existing or proposed off-site improvements as required;
f. Location, type and size of all streets, alleys, parking lots and spaces, loading
areas or other areas to be used for vehicular traffic;
5
g. Proposed access and connection to existing or proposed streets and traffic
generated by the proposed uses;
h. Non-residentiaL• location, maximum height (in feet), minimum setbacks, and
maximum floor area ratio (FAR) of buildings;
i. Residential development must show number, location and dimension of all
lots, minimum setbacks, number of dwelling unit and density;
j. Location of all creeks, ponds, lakes, floodplain, and/or other water retention or
maj or drainage facilities and improvements;
k. Location size and route of all major water, wastewater, electrical lines and
other facilities necessary to serve the project;
L Location of all protected trees (10+ inches) and a detailed landscape plan
demonstrating compliance with the approved landscape requirements for
Rayzor Ranch as set for in Exhibit "D";
m. Location, type and size of all fences, berms, or screening features;
n. Sidewalks or other pedestrian or bicycle access;
o. Building elevation(s); and,
p. Demonstrated compliance with the architectural standards in Exhibits C-1, C-
2, or C-3 as applicable.
M. Approval Criteria. The Planning and Zoning Commission shall approve the site plan if it
finds that:
1. The site plan substantially complies with the Concept / Schematic Plan
approved by City Council;
2. The site plan provides for a compatible arrangement of buildings and land
uses that would not adversely affect adjoining neighborhoods or properties
outside the plan;
3. The site plan provides for the adequate and safe circulation of vehicular
traffic; and
4. The plan fully complies with all other sections of this overlay district.
N. Minor Amendment. Upon recommendation of City staff, the City Manager may approve
minor aesthetic deviations to architectural elevations and other approved site design
6
standards and details associated with the Rayzor Ranch Overlay District, if necessary to
protect the viability of the district as a whole.
1. Such minor aesthetic deviations shall, however, be constrained to those
which:
a. As mitigated in Section 35.7.15.2.N.2, below, promote and enhance the
purpose of the district, as set forth in §35.7.15.1;
b.As mitigated in Section 35.7.15.2.N.2, below promote and enhance the
unique attributes of the district, as required in §35.7.1,35.7.2, and 35.7.3 of
the Denton Development Code; and
c. Deviate from approved site design standards and guidelines for
the district, to the minimum extent necessary to accommodate
the demands of a specific commercial use whose presence is
deemed important to the success of the development as a whole.
2. The following considerations should guide the approval of a minor site
design amendment:
a. The deviation is necessary to accommodate standard floor plans
site designs, or architectural requirements demanded by a specific
commercial use whose presence is deemed important to the
success of the development as a whole.
b. Such deviations may not promote a design aesthetic that is
fundamentally inconsistent (i.e., may not clash) with the overall
site design aesthetic, or unique attributes of the district. Colors,
textures and materials shall at least be harmonious with those
approved in the design standards for the district, and architectural
styles may not be fundamentally inconsistent with the standards
(e.g., no Greek Revival, Georgian, Roman columns, futuristic, or
mid-century modern designs), except as otherwise allowed by the
limited criteria for national trade dress in E�iibit G.
c. Such aesthetic deviations should be mitigated or offset with
complementary public space enhancements (e.g. hardscape
details, sculpture, open areas, designed to promote and enhance
the theme of the district) to the extent necessary to ensure that
the purposes and unique attributes of the district are equaled or
enhanced overall, despite the minor aesthetic deviation in the
architectural elevation, or other site design attribute.
3. No amendment may change any use restriction or mandatory standard of
this district, except to the limited degree authorized by Section 35.7.15.2.N.
�l
O. Expiration of Site Plan. Any approved site plan shall be valid for twenty-four (24)
months from the date of its approval. If no construction begins pursuant to a building
permit issued for the property within the twenty-four (24) months, the site plan shall
expire and no longer be valid. The City Council may, prior to expiration of the site plans
for Multi-Family Dwellings, for good cause, extend for up to three hundred sixty (360)
days the expiration date of the site plan. The commission may, prior to expiration of all
other site plans, for good cause, extend for up to three hundred sixty (360) days the time
for which the site plan is valid.
P. Appeals from Commission Action. Either the applicant or City Manager may appeal the
Commission's site plan decision to the City Council, by filing a written request with the
department within ten (10) days of the decision.
35.7.15.3 Land Divisions
The Rayzor Ranch overlay district shall be divided into two major divisions, separated generally
by US 380 (University Drive): the Rayzor Ranch Marketplace; and the Rayzor Ranch South
Campus.
A. The Rayzor Ranch Marketplace shall be divided into three subareas as depicted in
Exhibit B-5 and detailed below.
1. RR-3 — The Rayzor Ranch Marketplace RR-3 Area, depicted as RR-3 on Exhibit
B, is intended as a retail area with uses allowed in the RCC-D zoning district
classification and use designation, as further modified by this overlay zoning
district, and designed to promote the overall character and purpose of this overlay
district. The RR-3 section of the Rayzor Ranch Marketplace (RR-3) is referred to
as the RR-3 Area in the Architectural Standards, Landscape Standards, and
Signage Standards in Exhibits B, C, D, and E, and vice versa.
2. RR-2 — The Rayzor Ranch Marketplace RR-2 Area, depicted as RR-2 on Exhibit
B, is intended to as a retail area with uses allowed in the RCC-D zoning district
classification and use designation, as further modified by this overlay zoning
district, and designed to promote the overall character and purpose of this overlay
district. The RR-2 section of the Rayzor Ranch Marketplace is referred to as the
RR-2 Area in the Architectural Standards, Landscape Standards, and Signage
Standards in Exhibits B, C, D, and E, and vice versa.
3. Residentiai (NRMU-12 & NR-3) — The Rayzor Ranch Marketplace Residential
Area, depicted as NRMU-12 and NR-3 on Exhibit B, is intended for residential
development. Development standards for this area are not currently incorporated
into this Overlay but will be adopted prior to any development or site plan
approval in this area.
E'�
B. The Rayzor Ranch South Campus shall be divided into the following five subareas, as
depicted in Exhibit B-1:
1. Town Center (RR-1) — The Town Center (RR-1), depicted as RR-1 on Exhibit
B-1, is intended to define a mixture of certain specified nonresidential, retail and
residential uses currently allowed within the RCC-D zoning district classification
and use designation, as further modified by this overlay zoning district, and
designed to promote the overall character and purpose of this overlay district.
The Town Center (RR-1) is also referred to as the RR-1 Area in the Architectural
Standards, Landscape Standards, and Signage Standards in Exhibits B-1, C-1, D-
1, and E-1 and vice versa.
2. South RR-2 District — The South RR-2 District is intended to define certain
specified uses currently allowed within the RCC-D zoning district classification
and use designation, as further modified by this overlay zoning district. The South
RR-2 District is also referred to as the South RR-2 Area in the Architectural
Standards, Landscape Standards, and Signage District in Exhibits C-1, D-1, and
E-1.
3. South M�ed-Use District — The South Mixed Use District is intended to
accommodate certain specified nonresidential, single-family and multi-family
residential uses, as further modified by these overlay requirements. The South
Mixed-Use District will also be referred to as the RR, BH, MF, O, CC, P, Hotel,
and SF Areas in the Architectural Standards, Landscape Standards, and Signage
Standards in Exhibits to be incorporated in Exhibits C-2, D-2, and E-2.
4. DME Substation — The DME Substation property is intended to accommodate a
utility substation and is governed by the regulations established in Ordinances
2008-284 and 2009-169.
5. Cook Children's Hospitai — The Cook Children's property is intended to
accommodate a hospital and is governed by the regulations established in
Ordinances 2008-284 and 2009-169.
6. Drill Pad - The Drill Pad property is intended to accommodate gas well
development, and is governed by Ordinances 2008-284 and 2009-169, and further
restricted by Specific Use Permit (SUP) No. 509-0006, Ord. No. 2009-257.
35.7.15.4 Development Standards
A. Generally.
The Rayzor Ranch Overlay establishes architectural and landscape design as
development standards to effectuate the purpose of the district. The City rules and
9
regulations applicable to the development of property in the RCC-D and NRMU districts
are applicable, except as otherwise provided by this Overlay District and further
restricted or excepted herein.
B. Definitions.
The following definitions shall apply to the Rayzor Ranch Overlay District:
1. Big House: A type of residential development where 10 or fewer dwelling units are
located in a single building which is intended to resemble a single large house. The
dwelling units can be vertically or horizontally integrated. Dwelling units developed
as a Big House use will count towards the total number of multi-family dwelling units
and not toward the total number of single-family dwelling units allowed in Rayzor
Ranch listed in Section 35.7.15.7.A.1.
2. Continuing Care Retirement Center: A facility that integrates multiple senior living
options into one facility including skilled nursing, assisted living, dementia care, as
well as independent living. This use is not considered a multi-family dwelling unit.
(Ordinance No. 2007-110).
3. Convention Center: A facility used in connection with a convention or meeting
center, or similar facility, including auditoriums, exhibition halls, facilities for food
preparation and service, parking facilities, administrative offices and ancillary
development such as a hotel.
4. Garden-Stvle Home: A single-family dwelling on a separate lot with building
setbacks only on three sides commonly developed in a cluster formation. This
development type is also known as zero lot line homes or patio homes.
5. Helipad: A landing pad for occasional use by rotary wing aircraft. Regularly
scheduled stops and fueling or servicing facilities are not permitted as part of this use.
6. Open Space: Open space includes all surface areas of the project that are not covered
with enclosed buildings, or parking and drive areas. Pedestrian plazas and sidewalks
(covered or uncovered) count as Open Space. In addition, areas of Rayzor Ranch,
such as easements or rights-of-way, that may be owned or controlled by a
governmental agency, but that are being maintained privately, will count towards the
open space and landscape area requirements. Open Space in the Marketplace shall be
defined by Ordinance 2009-169.
7. Plaza or Public Area S�ace: An area identified on an approved Site Plan which is
designated for public or civic use. This area can be part of a private development or
included within a Park.
10
8. Ravzor Ranch: The comprehensive development which includes all phases defined
within the Rayzor Ranch Overlay District. (Ordinance 2008-284).
9. Stormwater Control and/or Detention Areas. Facilities dedicated to the collection, or
transportation of stormwater runoff.
10. Storm Water ControL• Storm water controls (sometimes referred to as best
management practices or BMPs) are constructed storm water management facilities
designed to treat storm water runoff and/or mitigate the effects of increased storm
water runoff peak rate, volume and velocity due to urbanization.
11. Storm Water Qualitv Areas: Facilities for the collection and treatment of storm water
runoff.
12. Townhouse-stvle: A dwelling structure not to exceed three stories in height,
containing a minimum of three and no more than eight dwelling units within a
building, which is constructed in a series or group of attached units on one lot, up to
eight (8) units, meeting fire protection requirements and the following additional
requirements. Seventy-five percent (75%) of the dwellings built in compliance with
the Townhouse Style development regulations are considered attached single-family
dwelling units for the purpose of calculating the total number of units allowed in the
Rayzor Ranch South Campus and will count towards the total number of single-
family attached dwelling units and not toward the total number of multi-family
dwelling units allowed in Rayzor Ranch listed in Section 35.7.15.7.A.1. Conversely,
25% of each phase of the Townhouse-style dwellings constructed shall count against
multifamily.
a. Each unit features at least two points of direct exterior access to the
structure;
b. Each unit is separated from the other dwellings in the structure by fire
rated common walls;
c. No units are vertically above or below another uses or unit within the
structure;
d. Each unit features an individual meter for each utility; and
e. Each unit features access to a public street or alley.
35.7.15.5 Marketpiace — Subarea 1 Development Standards (SF-1) as de�ned in
Ordinance 2008-284.
11
[TO BE INCORPORATED LATER]
35.7.15.6 Marketpiace — Subarea 2 Development Standards (RR-3, P, and RR-2) as
de�ned in Ordinance 2008-284.
In Subarea 2 of the Rayzor Ranch Marketplace, the City rules and regulations applicable to the
development of property located within an RCC-D zoning district are applicable, except as
otherwise provided by this Overlay District and further restricted or excepted as follows:
Permitted Uses. These uses must be located within the Subareas as shown on Exhibit B-5
as follows:
A. RR-3: wholesale sales; retail construction materials sales with a minimum
floor area of 100,000 square feet; quick vehicle servicing; garden center
with container plant materials and associated garden supplies only
accessory to retail or a home improvement center in excess of 100,000
square feet, retail sales and services, restaurants, parks and open space and
professional services and offices. All other uses are prohibited.
B. RR-2: retail sales and services, restaurants, drive-through facilities,
indoor recreation, parks and open space and professional services and
offices. All other uses are prohibited.
C. P: parks and open space, water quality feature as defined in this
ordinance. All other uses are prohibited.
35.7.15.7 South Campus - Generai Use and Development Standards.
A. Residential Dwelling Units
1. The South Campus shall not exceed the following number of dwelling units
by type:
a. 185 single-family detached dwellings;
b. 496 single-family attached dwellings; and
c. 1,800 multi-family units.
i. 1,050 of the allowed 1,800 multi-family dwelling units are to
be constructed inside the Density Zone and cannot be rented by
the room and cannot contain more than three (3) bedrooms in
any individual unit.
ii. The remaining 750 multi-family dwelling units can be built
within those areas identified for MF uses within Exhibit B-1
12
and cannot contain more than three (3) bedrooms in any
individual unit..
d. Approved densities shall be contingent upon demonstration that
planned public infrastructure is suf�cient to sustain the herein
approved densities.
2. The first 750 multi-family residential units in the South Campus shall not
be permitted or constructed until the non-residential component of Phase 1
of the Town Center (RR-1) has had a site plan approved, and until the first
100,000 square feet of the Town Center (RR-1) and RR-2 construction
has: (1) received building permits, and (2) has been inspected and issued a
green tag by the City for the building foundations. The remaining 1,050
multi-family residential units may be permitted and constructed when the
first 600,000 square feet of the Town Center (RR-1) and RR-2
construction has received building permits and the City has inspected and
issued a green tag for the building foundations.
B. South Campus — Town Center (RR-1)
1. The Town Center (RR-1) property is located within an RCC-D base zoning district.
Permitted uses are limited to the specific land use categories set forth below, as
defined, limited and permitted by the Denton Development Code for the RCC-D
zoning district classification and use designation, or as further restricted or excepted
in this overlay.
a. Permitted Uses:
1.
ii.
iii.
iv.
v.
vi.
vll.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
Hotels;
Retail Sales and Services;
Movie Theaters;
Restaurants;
Drive-through Facilities.
Professional Services and Offices;
Outdoor Recreation, including an amphitheater;
Indoor Recreation;
Commercial Parking Lots;
Parks;
Open Space;
Hospital;
Medical Centers;
Convention Center
Storm Water Control and/or Detention;
Convention Center;
Storm Water Quality Areas.
13
b. Allowable with limitations:
i. Community Service - Restricted to museums, educational facilities and
governmental uses only.
c. Allowable through Specific Use Permit approvaL•
i. Maj or Event Entertainment;
ii. Basic Utilities;
iii. Group Homes.
d. Sexually-oriented businesses and all other uses defined by the Denton
Development Code are prohibited.
2. Density and Intensity:
a. The maximum F.A.R. shall be 4.0.
b. The maximum lot coverage shall be 90% in accordance with Appendix D-
1.
c. The minimum landscaped area shall be 10% in accordance with Appendix
D-1.
d. The minimum tree canopy coverage at maturity shall be 25% in
accordance with Appendix D-1.
e. The maximum building height shall be 100 feet above grade, except for
hotels and office uses which shall not exceed 200 feet in height above
grade. No structure shall exceed a maximum height above mean sea level
as determined by the Federal Aviation Administration (FAA) or other
appropriate regulatory agency.
f. As set forth in Figure 2 of Section 35.13.13.2 of the Denton Development
Code, a residential proximity slope shall be present between new
development within the Rayzor Ranch South Campus and an existing
single-family use outside of the Overlay District. A 35-degree residential
proximity slope angle is measured from a point 40 feet above grade at the
minimum setback line.
3. Design Standards.
a. Exhibits C-1, D-1, and E-1 to this ordinance set forth the Architectural
Standards, Landscape Standards, and Sign Standards for the Town Center
(RR-1).
14
C. South Campus - South RR-2 District.
1. The South RR-2 District property is located within an RCC-D base zoning
district. Permitted uses are limited to the specific land use categories set forth
below, as defined, limited and permitted by the Denton Development Code for the
RCC-D zoning district classification and use designation, or as further restricted
or excepted in this overlay.
f. Permitted Uses :
1.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
Hotel;
Retail Sales and Services
Movie Theaters;
Restaurants;
Drive-through Facilities
Professional Services and Offices;
Quick Vehicle Servicing
Outdoor Recreation;
Indoor Recreation;
Parks;
Open Space;
Hospital;
Medical Centers;
Convention Centers;
Storm Water Control and/or Detention;
Storm Water Quality Areas; and
g. Allowable with Limitations
i. Community Service - Restricted to museums, educational facilities and
governmental uses only.
h. Allowable through Specific Use Permit approvaL•
i. Group Homes;
ii. Basic Utilities;
i. Sexually-oriented businesses and all other uses defined by the Denton
Development Code are prohibited.
2. Density and Intensity
a. The maximum F.A.R. shall be 4.0.
b. The maximum lot coverage shall be 90% in accordance with Appendix D-
1.
15
c. The minimum landscaped area shall be 10% in accordance with Appendix
D-1.
d. The minimum tree canopy coverage at maturity shall be 25% in
accordance with Appendix D-1.
e. The maximum building height shall be 100 feet above grade, except for
hotels and office uses which shall not exceed 200 feet in height above
grade. No structure shall exceed a maximum height above mean sea level
as determined by the Federal Aviation Administration (FAA) or other
appropriate regulatory agency.
f. As set forth in Figure 2 of Section 35.13.13.2 of the Denton Development
Code, a residential proximity slope shall be present between new
development within the Rayzor Ranch South Campus and an existing
single-family use outside of the Overlay District. A 35-degree residential
proximity slope angle is measure from a point 40 feet above grate at the
minimum setback line.
3. Design Standards.
a. Exhibits C-1, D-1, and E-1 to this ordinance set forth the Architectural
Standards, Landscape Standards, and Sign Standards for the South RR-2
District.
D. South Campus - South Mixed Use District.
1. The South Mixed Use District property is located within the RCC-D and NRMU base
zoning districts. Permitted uses are limited to the specific land use categories set
forth below, as defined, limited and permitted by the Denton Development Code for
the RCC-D and NRMU zoning districts classification and use designation, or as
further restricted or excepted in this overlay.
a. Permitted Uses, except as follows: The only uses permitted within the area
designated as SF in Exhibit B-1 are Single Family Dwellings, Attached Single
Family Dwellings, Community Homes for the Disabled, Parks, and Open
Space. The uses below are permitted within the area designated as
BH/MF/O/SF in Exhibit B-1 except for Hotels, Retail Sales and Services,
Movie Theaters, Restaurants, Drive-Through Facilities, Quick Vehicle
Servicing, Indoor Recreation and Convention Center are not permitted.
i. Single Family Dwellings;
ii. Attached Single Family Dwellings;
iii. Community Homes for the Disabled;
iv. Multi-Family Dwellings;
v. Townhouse-style Dwellings;
vi. Hotels;
vii. Retail Sales and Services
viii. Movie Theaters;
16
Ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
xviii.
xix.
xx.
xxi.
Restaurants;
Professional Services and Offices;
Indoor Recreation;
Parks;
Open Space;
Hospital;
Medical Centers;
Big Houses;
Elderly Housing;
Continuing Care Retirement Centers;
Convention Center;
Storm Water Control and/or Detention;
Storm Water Quality Areas; and
b. Allowable with Limitations
i. Community Service - Restricted to museums, educational facilities and
governmental uses only.
c. Allowable through Specific Use Permit approvaL•
i. Maj or Event Entertainment;
ii. Group Homes;
iii. Basic Utilities;
iv. Helipads as an accessory use to a Hospital.
v. Quick Vehicle Servicing (SUP required when abutting residential use
or zoned property, otherwise use is permitted in the RR designated
areas as shown in Exhibit B-1);
vi. Drive-through Facilities (when abutting residential use or zoned
property otherwise use is permitted in the RR designated areas as
shown in Exhibit B-1);
d. Sexually-oriented businesses and all other uses defined by the Denton
Development Code are prohibited.
2. Density and Intensity.
a. The maximum F.A.R. shall be 4.0.
b. The maximum lot coverage shall be 90% in accordance with Appendix D-2.
(80% for Single-Family Detached Residential)
c. The minimum landscaped area shall be 10% in accordance with Appendix D-
2. (20% for Single-Family Detached Residential)
d. The minimum tree canopy coverage at maturity shall be determined in
accordance with Appendix D-2. (40% for Single-Family Detached
Residential)
17
e. The maximum building height shall be 65 feet for single-family and
townhouse, 100' for all others, except for hotels and office uses which shall
not exceed 200' in height above grade and shall not exceed a maximum height
above mean sea level as determined by the Federal Aviation Administration
(FAA) or other appropriate regulatory agency.
f. A residential proximity slope shall be present between new development
within the Rayzor Ranch South Campus and an existing single-family use
outside of the Overlay District. A 35-degree residential proximity slope angle
is measure from a point 40 feet above grate at the minimum setback line.
g. In addition to these Overlay regulations, all multi-family development will
comply with the provisions of Section 35.13.13.2 of the Denton Development
Code as this section addresses building design and site development
standards.
3. Design Standards.
a. Exhibits C-2, D-2 and E-2 to this ordinance set forth the Architectural
Standards, Landscape Standards, and Sign Standards for the South Mixed Use
District. These will be incorporated at a later date.
35.7.15.8 Landscapin� and Tree Miti�ation.
A. Subchapter 13 of the Denton Development Code and Site Design Criteria Manual shall
apply to the Rayzor Ranch South Campus regarding landscaping and Tree Mitigation.
Additionally, the following standards shall apply:
1. Landscaping and Tree Mitigation shall meet the standards as set forth in Exhibits D,
D-1 and D-2 of this Ordinance;
2. Trees planted to address tree mitigation will be credited on the actual caliper inch of
the tree planted;
3. Required tree mitigation funds will be put into a segregated tree mitigation account
administered by the City of Denton. These funds will be released back to the
Developer incrementally at the rate of $125.00 per caliper inch for trees planted by
the Developer, as the Developer certifies to the City that the trees have been planted
and are in a healthy condition and the City arborist confirms that the trees have been
planted and are in a healthy condition.
4. Mitigated trees may be planted throughout the Rayzor Ranch property or as specified
in Exhibits D, D-1 and D-2.
:
5. Any open space, tree canopy, landscape area, and tree mitigation credits established
pursuant to Ordinance 2009-169 may be applied throughout the entirety of Rayzor
Ranch.
6. Open space, tree canopy, and landscape shall be calculated as part of the entirety of
Rayzor Ranch rather than on a site-by-site basis.
7. Tree preservation requirements can be found in Subchapter 13 of the Denton
Development Code.
8. Refer to Table 35.13.7.B in the Denton Development Code for preservation and
mitigation requirements.
35.7.15.9 Architecture.
A. Architecture must meet the standards set forth in Exhibits "C", "C-1 or C-2" of the
Ordinance and shall meet the guidelines stated in each District Design heading as stated
within the Ordinance.
35.7.15.10 Parkin� Standards.
A. The rules and regulations per Subchapter 14 of the Denton Development Code and Site
Design Criteria Manual shall apply to the Rayzor Ranch South Campus regarding parking
standards with the following exceptions:
1. Maximum Allowable Number of Parking Spaces.
a. Subsection 35.14.4.F shall not apply to the Rayzor Ranch Overlay.
2. Parking in the rear or front.
a. Subsection 35.13.13.3.0 is excepted to allow parking in front of a building
(between the building and street or right-of-way), if it meets the requirements in
the Landscape Standards, Exhibit D-1 or D-2
35.7.15.11 Draina�e.
A. General.
1. In this overlay district, the drainage improvements shall be designed in accordance
with the requirements provided in the Denton Development Code Section 35.19 and
the Drainage Criteria Manual.
2. Final Acceptance or Certificate of Occupancy of any structure in the South Campus
(RR-1 or RR-2) district may not be requested until the improvements to the detention
19
pond west of Bonnie Brae Road and north of U.S. 380 are accepted by the Public
Works Inspection Department.
3. Approval may not be granted for any Final Plat that does not comply with the
stormwater requirements of the Denton Development Code and Criteria Manuals.
B. Storm Water Quality.
1. Preliminary and Final Plats within the drainage area south of US 380 / West
University Drive, for land that drains into North Lakes Pond, will include provisions
for onsite or regional storm water quality enhancement, including dedication of
drainage easement areas as necessary to construct the storm water quality structural
controls and management practices as described in Exhibit "F". Approximately 76
acres of Rayzor Ranch South drains into the water quality / detention basin north of
West University Drive (US 380). The stormwater quality controls approved in the
Rayzor Ranch iSWM Plan do not account for any hot spots polluting areas south of
University Drive. In the event of a proposed use within the 76 acres met the
definition of a hot spot pollutant generator, an evaluation of the capacity of the iSWM
treatment train could be required and additional stormwater quality controls may be
required.
2. The storm water quality controls shall be constructed as part of the storm drainage
improvements for the development.
3. Engineering inspection fees shall be paid to the City for the inspection of all storm
water quality controls during construction. Upon City's request, designer shall certify
to the best of the designer's knowledge, that the storm water quality controls and
management practices were constructed in accordance with the approved plans.
a. Building Permits are not prohibited by these additional drainage restrictions
above, provided that a construction schedule is committed to for the
improvements, an onsite detention pond has been constructed and accepted by the
City, and all other applicable requirements for issuance have been satisfied.
35.7.15.12 Transportation.
A. Required Improvements in Addition to Those Required by the Denton Development
Code and Criteria Manuals:
1. Required 20-foot visibility triangles shall be measured from the curb line not the
property line.
20
2. Allegiance Hillview, L.P. or its assignee will construct, at its expense, those segments
of Heritage Trail Boulevard and Panhandle Street abutting and adjacent to the Cook
Children's Hospital Tract. Allegiance Hillview, L.P. or its assignee will work with
City of Denton staff to set forth triggering points for roadway and other infrastructure
improvements based on platting activity, traffic impact analyses, etc.
35.7.15.13 Street Standards.
A. In this overlay district, the City rules and regulations regarding street standards, as well as
the standards designed and incorporated by Section 35.20.2 shall apply. Alternatively, in
all street sections the standards depicted in Exhibit "H" may be utilized, if different.
B. Heritage Trail Boulevard is shown as an Arterial Street and Panhandle Street is shown as
a Collector Street on the City of Denton Thoroughfare Plan. Within Rayzor Ranch,
access to the streets and on-street parking is allowed as shown in Exhibit "H".
C. Traffic circles or roundabouts are allowed and encouraged in Rayzor Ranch subject to
approval by the City Engineer and the Denton Development Code and Criteria Manuals.
35.7.15.14 Water and Wastewater Standards.
A. In this overlay district, the City rules and regulations regarding water and wastewater
standards shall apply.
B. Allegiance Hillview, L.P. or its assignee will work with City of Denton staff to set forth
triggering points for water and wastewater infrastructure improvements based on
analysis, studies or models undertaken to support specific final plat activity.
35.7.15.15 Gas Well Development.
A. Gas well development is permitted only within the area designated as the "Drill Pad" on
Exhibit B-1, with Specific Use Permit approval from City Council prior to issuance of a
gas well plat and drilling permit. All gas well development will be subject to the
requirements of the Denton Development Code, and as further restricted by Ordinances
2008-284, 2009-169 and 2009-257.
35.7.15.16 Propertv Owner Associations (POA).
A. One or more Property Owner Associations (POA) shall be established from the
maintenance of all common property not fully dedicated for public use. Documents
establishing the POA must be submitted and approved as a required component of the
final plat application, providing for the maintenance, repair, replacement and liability
obligations of the POA for private roads, alleys, gates, fences, street lighting, drainage
21
and or other held facilities and/or common areas, appurtenances, associated ancillary
items and improvements.
1. The POA shall authorize the City to file a lien, to foreclose, or to otherwise secure
payment from property owners concerning the maintenance, repair and placement, in
part or in whole, of all privately held common areas, including but not limited to
stormwater control and/or detention areas, stormwater quality areas, street lighting
and other appurtenances and/or other associated ancillary items.
2. The POA documents must be submitted to, reviewed and approved by the City
Attorney, prior to final plat approval for plats that include common areas.
3. The POA may not be dissolved, nor may deed restrictions and covenants providing
for maintenance of common areas be deleted or amended, without prior written
consent of the City Council and plat amendment.
4. The final plat and restrictive covenants shall contain language whereby the property
owners defend and hold harmless the City from claims and suits for property damage
or bodily injury (including death) arising from the conditions, use or operation of any
privately owned parks, open spaces, common amenities, streets or facilities.
SECTION 3. The zoning for the Property is hereby modified per these amendments to
the Rayzor Ranch Overlay District.
SECTION 4. If any provisions of any section of this ordinance shall be held to be void
or unconstitutional, such holding shall in no way affect the validity or the remaining provisions
or sections of this ordinance, which shall remain in full force and effect.
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, the official newspaper of the City of Denton,
Texas within ten (10) days of the date of its passage.
22
������&�I� ��� ��'�'l��'�'�;T�� t���� th� 1 w���� ���
��'"�"k�" �" �";
J�"i`�II-��T� �"�"!�I��'L�I�.�, �'�`�:w"�' ����� �°.�.��Y
�"�;
... . .:m ....
��'�'��(���I� �� �+� �:�I�,�i�:� T^4.��:�G:
�
List of Exhibits
• Exhibit A
o A-1 — Metes and Bounds Description of the Rayzor Ranch Overlay District North
o A-2 — Metes and Bounds Description of the Rayzor Ranch Overlay District South
+� Exhibit B— Rayzor Ranch Plans
o B-1 — Concept/Schematic Plan
o B-2 — Bubble Plan
o B-3 — Density Zone Plan
o B-4 — Zoning Overlay
o B-5 — Marketplace/Cook's/DME Site Plan
+� Exhibit C — Architectural Standards
o C— Marketplace Architectural Standards
o C-1 — South RR-2 and Town Center (RR-1) Architectural Standards
o C-2 — South Mixed Use Architectural Standards - Place holder (To be
incorporated later)
o C-3 —Multi-Family Design Standards
+w Exhibit D — Landscape Standards
o D— Marketplace Landscape Standards
o D-1 — South RR-2 and Town Center (RR-1) Landscape Standards
o D-2 — South Mixed Use Landscape Standards - Place holder (To be incorporated
later)
. Exhibit E — Sign Standards
o E— Marketplace Sign Standards
o E-1 — South RR-2 and Town Center (RR-1) Sign Standards
o E-2 — South Mixed Use Sign Standards - Place holder (To be incorporated later)
• Exhibit F— Water Quality Standards for the portion of South Campus, South RR-2
District that drains to North Lake and Drainage Map
• Exhibit G— Trade Dress Criteria
+w Exhibit H — Street Sections
s:\legal\our documents\ordinances\11\z11-0017 rayzor ranch overlay ord-final.doc
Exhibit 8
ORDINANCE NO. 2011-225
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE RAYZOR RANCH
OVERLAY DISTRICT ("RROD") SECTION 35.7.15 OF THE DENTON DEVELOPMENT CODE
("DDC") TO PROVIDE STANDARDS FOR DESIGN, ARCHITECTURE, LANDSCAPING AND
SIGNAGE FOR 4.1 ACRES LOCATED AT THE NORTHEAST CORNER OF SCRIPTURE STREET
AND I-3 5 FRONTAGE ROAD AND WITHIN A REGIONAL CENTER COMIVIERCIAL
DOWNTOWN (RCC-D) ZONING AND USE DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the RROD encompasses approximately 410 acres of land in its entirety and
is located generally on both sides of U,S. Highway 380 (West University Drive), between
Interstate Highway 35 and Bonnie Brae Street. The Southern tract contains approximately
239.05 acres south of U.S. Highway 380, of which the proposed amendments affect
approximately 4.1 acres at the northeast corner of Scripture Street and I-35 Frontage Road; and
WHEREAS, the applicant proposes to provide standards for design, architecture,
landscaping and signage, which standards appear in Exhibits C-2a, D-2a and E-2a attached
herein, for 4.1 acres located within a Regional Center Commercial Downtown (RCC-D) zoning
and use district; and
WHEREAS, the owner of the property defined by the Rayzor Ranch Overlay District,
legally described in Exhibit "A" to Ordinance 2008-18, (the "Property") supports the
amendments described herein to the Rayzor Ranch Overlay District; and
WHEREAS, Sections 35.7.1, 35.7.2, and 35.7.3 of the Denton Development Code
authorize the City Council to approve overlay districts to protect and enhance certain specific
lands and structures which, by virtue of their type or location, have characteristics which are
distinct from lands and structures outside such special districts and contain such reasonable and
necessary requirements to insure the protection and enhancement of said land and structures.
Further, the overlay districts are authorized to establish specific design standards and
development regulations to effectuate the purpose of the district; and
WHEREAS, on October 4, 2011 the Planning and Zoning Commission, conducted a
public hearing, and having found that all prerequisite requirements had been satisfied,
recommended approval of the requested zoning and code amendments; and
WHEREAS, on November 1, 2011 the City Council held a public hearing as required by
law and approved the modified Rayzor Ranch Overlay District, as amended herein; and
WHEREAS, the City Council finds that the modified Rayzor Ranch Overlay District
serves a public purpose; and
WHEREAS, the City Council makes the following findings:
A. The changes are consistent with the Comprehensive Plan; and
B. The Rayzor Ranch Overlay District will protect and enhance the Property, which
is distinct from tlie lands and structures outside of the Rayzor Ranch Overlay
District, including the immediate neighborhood. 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. Chapter 35 of the Denton Development Code, Supchapter 7("Special
Purpose and Overlay Districts"), Section 15 (Rayzor Ranch Overlay District") is hereby
amended to read as follows:
35.7.15.2 Auplication of Regulations
:�***�***
L. Site Plan — This plan is intended to demonstrate and confirm that the proposed phase of
the development moving towards construction complies with all of the requirements of
this Ordinance and the applicable portions of the Denton Development Code.
******�*
3. The Site Plan provides additional detail to the approved Concept/Schematic Plan
by illustrating in a graphic form internal and external streets, thoroughfares, other
means of access, open spaces, natural resources, uses, densities, intensities,
height, boundaries in a metes and bounds description, drainage facilities location,
minimum setbacks, maximum floor area ratio (FAR) of buildings; number,
location and dimension of all lots, number of dwelling units and density. The
following information should be provided for a complete Site Plan:
p. Demonstrated compliance with the architectural standards in Exhibits C-1,
C-2a, or C-3 as applicable.
********
35.7.15.3 Land Divisions
The Rayzor Ranch overlay district shall be divided into two major divisions, separated generally
by US 3 80 (University Drive): the Rayzor Ranch Marketplace; and the Rayzor Ranch South
Campus.
*******�
B. The Rayzor Ranch South Campus shall be divided into the following five subareas, as
depicted in Exhibit B-1:
2
*****�**
South Mixed-Use District — The South Mixed Use District is intended to
accommodate certain specified nonresidential, single-family and multi-family
residential uses, as further modified by these overlay requirements. The South Mixed-
Use District will also be referred to as the RR, BH, MF, O, CC, P, Hotel, and SF
Areas in the Architectural Standards, Landscape Standards, and Signage Standards in
Exhibits to be incorporated in Exhibits C-2a, D-2a, and E-2a.
��:*****�
35.7.15.7 South Camnus - General Use and Develoument Standards.
:�******�x
D. South Campus - South Mixed Use District.
**��*�**
3. Design Standards.
a. Exhibits C-2a, D-2a and E-2a to this Ordinance set forth the Architectural
Standards, Landscape Standards, and Sign Standards for the South Mixed Use
District. These will be incorporated at a later date.
35.7.15.8 Landscapin� and Tree Miti�ation.
A. Subchapter 13 of the Denton Development Code and Site Design Criteria Manual shall
apply to the Rayzor Ranch South Campus regarding landscaping and Tree Mitigation.
Additionally, the following standards shall apply:
1. Landscaping and Tree Mitigation shall meet the standards as set forth in Exhibits D,
D-1 and D-2a of this Ordinance;
**�:***�:*
4. Mitigated trees may be planted throughout the Rayzor Ranch property or as specified
in E�iibits D, D-1 and D-2a.
35.7.15.9 Architecture.
A. Architecture must meet the standards set forth in Exhibits "C", "C-1 or G2a" of the
Ordinance and shall meet the guidelines stated in each District Design heading as stated
within the Ordinance.
********
SECTION 3. The zoning for the Property is hereby modified per these amendments to
the Rayzor Ranch Overlay District.
SECTION 4. If any provisions of any section of this ordinance shall be held to be void
or unconstitutional, such holding shall in no way affect the validity or the remaining provisions
or sections of this ordinance, which shall remain in full force and effect.
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, the official newspaper of the City of Denton,
Texas within ten (10) days of the date of its passage.
PASSED AND APPROVED this the lst day of November, 2011.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
��/�,/
�
BY: � ,�( �t�Lr�
4
Rayzor Ranch South Mass Grading Permit Checklist
❑ A copy of the approved plat with all rights-of-way and easements marked or, provide evidence that
project has been exempted fsom the requi�ement for final plat approval.
❑ Tree Preservation and Mitigation Plan, if applicable
❑ Tree Removal Permit, if applicable
❑ Grading Plan (see the Grading Plan section below for requirements)
❑ Submit Construction Site Electronic Data Entry available at httr://www.cit�Tofdenton.com/derartments-
sei-�rices /de�artments-c�-z /water-utilities /watershed-.�rotection-�ro�ram / storm-water-construction-
re�ulations
❑ Erosion Control Plan (see the Erosion Control Plan section below for requirements)
❑ Site Plan
❑ ESA Review, if applicable (see the ESA Review section below for requirements)
❑ Staking or flagging limits of ESAs on site, if applicable
In addition, submit the following if public improvements are also proposed
❑ Submit a copy of the approved civil plans
❑ Submit a copy of the executed three way contract
❑ Schedule and hold a pre-construction meeting with Engineering
❑ Pay calculated inspection fees
❑ Lot lines with dimensions and areas
❑ Clearing and grubbing limits
❑ Location of existing utilities (above and below ground)
❑ Location of proposed utilities (abo�Te and below ground)
❑ Existing topographic (contour) lines to 50 ft beyond clearing/grading limits (m�imum 2 ft contour
inter�ral)
❑ Proposed topographic (contour) lines to 50 ft beyond clearing/grading limits (m�imum 2 ft contour
inter�ral)
❑ Cut and fill catch lines
❑ Asea dsainage map
❑ ESA or other critical area boundaries and related setbacks
❑ General location, type, range of size, and condition of existing trees and groundcover on the subject site
Page 1 of 3
❑ Drainage ditches (arrows to show flow direction)
❑ Existing septic tanks/dsainfields or other underground tanks
❑ Off-site area tributary to clearing/grading area
❑ Location of existing/proposed fuel tanks
❑ Water wells and corresponding wellhead protection areas
❑ Soil types Soil Information can be found at the USGS websoil sur�rey
httr : / /websoilsui-�re�T.nres.usda.�o�r/ar r /
❑ Locations of soil pits and infiltration tests
❑ Mulching and vegetation plan
❑ Easements and/or dedication deeds
❑ Regional and off-site impro�Tements secured
❑ "Call Before You Dig-1-800-424-5555" note
❑ Traffic control plan and encroachment permit application (where grading occurs within City right of way
or haul vehicles access the City's right of way)
❑ Locations and details of temporary erosion/sediment control devices and best management practices
(BMPs)
❑ Natural dsainage features (arrows to show flow direction)
❑ General erosion control notes — refer to City of Denton Drainage Criteria Manual
❑ Construction entrance detail
❑ Location and details of temporary sediment ponds
❑ Permanent stabilization detail
❑ Attach copy of NOI (if 5 acres or greater) or Site Notice (if between 1 and 5 acres) from TCEQ. If site is
part of larger common plan of development that is either 5 acres or greater, an NOI is required. If
the site is part of a larger common plan of development that is between 1 and 5 acres, then a Site
Norice is required.
❑ Refer to the NCTCOG website for iSWM Design Manual for Construction
httr://iswm.nctco��.�g�/I�ocuments/technical manual/Construction Controls 4-2010b.-�df
❑ Refer to the TCEQ website for fi�ther information about storm water permits
httr://www.tce�.state.tx.us/na�r/rermits/sw �ermits.html
❑ Locations and extent of all Envi�onmentally Sensitive Areas (ESAs) on site
Page 2 of 3
❑
�
�
�
A determination, by the U.S. Asmy Corps of Engineer or a qualified envi�onmental scientist with a
delineation certified by the Corps, of the presence or absence of jurisdictional wetlands and waters of the
U.S., and an indication of the location of any jurisdictional wetlands, if applicable
Culverts or bridges and associated land disturbances
Building en�Telopes for new or rede�Telopment parcels
Limits of clearing, grading, and/or grubbing activities
Notes:
1. No land disturbing activity is allowed within any public rights-of-way or easements, unless approved
by the City Engineering Department.
2. Additional Information may be required by City staff during the project review
3. The following definitions below are for clarification:
a. Clearing is an intentional act to cut down or damage a tree and/or understory vegetation, to
the extent that the tree and/or understory vegetation will decline or die. Clearing includes, but
is not limited to, herbicide or sunilar chemical treatment of trees and/or understory vegetation,
physical remo�Tal, damage from soil compaction, or damage due to grading.
b. Grading is the mechanical or physical act of disturbing, moving, removing, transferring or
redistributing soil.
c. Grubbing is the mechanical or physical act of removing stumps, underbrush, and rocks, prior
to clearing and grading. Grubbing does not allow for any grade changes, only vegetation
removal down to bare soil. A tree removal permit is requi�ed for all trees with a 3" or greater
diameter, measured at 4.5 feet above natural grade.
d. Imported �ll is the mechanical or physical act of bringing soil in from offsite. When
stockpiling imported fill, it shall occur on private property only.
e. Excavation is the mechanical or physical act to cut, dig, or scoop soil.
£ Stockpiling is the holding on land of material or products such as, any soil, sand, gravel, clay,
mud, debris, vegetation or any other material, organic or inorganic, in a concentrated state.
g. Geotextile is a synthetic permeable fabric, either woven or unwoven, that provides filtration,
separation, and stabilization properties when applied to soil surfaces, and has the ability to
reduces erosion and sedimentation due to rain or a storm event.
Page 3 of 3