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HomeMy WebLinkAboutMay 12, 2015 AgendaCity f Denton City Hall Y 215 E. McKinney St. Denton, Texas 76201 tmrmruot@Itli www.cityofdenton.com Dt�NT N Meeting Agenda City Council Tuesday, May 12, 2015 4:00 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 2nd Tuesday Session on Tuesday, May 12, 2015 at 4:00 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: A 2nd Tuesday Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a 2nd Tuesday Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although 2nd Tuesday Session are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Work Session Reports A. ID 15 -385 Receive a report, hold a discussion, and give staff direction on the Road Impact Fee calculations, and comparison with other cities. Attachments: Exhibit 1 Presentation Exhibit 2 Executive Summary B. ID 15 -423 Receive a report and hold a discussion regarding a gas well fire on May 7, 2015 and following emergency responses by the City of Denton and state regulatory agencies. Following the completion of the 2nd Tuesday 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. 1. Closed Meeting: A. ID 15 -413 Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072. Receive information from staff pertaining to the acquisition of real property City ofDenton Page I Printed on 51812015 City Council Meeting Agenda May 12, 2015 interests related to the proposed expansion and reconstruction of Locust Substation generally located South East of Fort Worth Drive & West Collins Street, 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 parcels of real property near the aforementioned location and more particularly described as: Lot 1, Block A of Garcia Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in document No. 2009 -168 of the plat records of Denton, County, Texas.[Locust substation /no associated action item] B. ID 15 -419 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with City's attorneys regarding legal rights, restrictions, and obligations under Texas law, associated with overlapping extraterritorial jurisdictions claimed by municipalities neighboring the City of Denton, Texas, as well as possible negotiated resolutions of such matters, where a public discussion of such legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation. [ID 15 -417] C. ID 15 -414 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, 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 vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D- 1- GN -14- 004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 09833 -431 currently pending in the 431st District Court of Denton County 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 ofDenton Page 2 Printed on 51812015 City Council Meeting Agenda May 12, 2015 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071- 551.086 OF THE TEXAS OPEN MEETINGS ACT. Special Called 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. ITEMS FOR INDIVIDUAL CONSIDERATION A. A15 -0012b Consider adoption of an ordinance of the City of Denton, Texas, on first reading to involuntarily annex approximately 578.74 acres of land contained in eight (8) of the fifteen (15) annexation areas. Four (4) of the annexation areas include approximately 440.19 acres of land and are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ) Division 1, and are identified as PAA1, PAA2, PAA3, and PAA4. The remaining four (4) areas include approximately 138.65 acres of land and are considered unincorporated ETJ pockets located within the body of the City of Denton's corporate limits and are identified as DH2, DH3, DH4, and DH 11; providing for a penalty in the maximum amount of $2000.00 for violations thereof, severability and an effective date. (A15- 0012b) Attachments: Exhibit 1 2015 Annexation Service Plan FINAL Exhibit 2 Map and Descriptions B. ID 15 -386 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Contract of Sale (herein so called), as attached hereto and made a part hereof as Exhibit "A ", by and between the City of Denton, (the "City ") and DENTON 68 JOINT VENTURE, a Texas Joint Venture (the "Seller), regarding the sale and purchase of fee simple to three tracts identified as (I) a 6.458 acre tract, known as Lot 57, Block A, of THE OAKS OF TOWNSHIP II, recorded in Cabinet E, Page 13, Plat Records Denton County, Texas; and (II) a 0.361 acre tract, more or less, out of the R. H. Hopkins Survey, Abstract No. 1694, and being part of Township II, Phase 2, and recorded in Volume 11, Page 14, Plat Records, Denton County, Texas; and (III) a 3.384 acre tract, known as Lot 44, Block A of the Woodlands of Township II, recorded in Cabinet E, Slide 16, Plat Records, Denton County, Texas, all being additions to the City of Denton, Denton County, Texas, located generally in and around the Township II area south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd., in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, (the "Property Interests "), for the purchase price of Fifty Four Thousand Six Hundred and No/ Dollars and No Cents ($54,600.00), City ofDenton Page 3 Printed on 51812015 City Council Meeting Agenda May 12, 2015 and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Township II Park Property Acquisition project: Tracts 1, 2, and 4 - Denton 68 Joint Venture) Attachments: Exhibit 1 Location Map C. ID 15 -417 Attachments: D. ID 15 -420 Attachments: E. ID 15 -421 Attachments: Exhibit 2 Ordinance with Contract Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an Interlocal Boundary and Extraterritorial Jurisdiction Contract between the City of Denton and the Town of Ponder; providing for severability, savings and an effective date. Exhibit 1 Ordinance and Contract Consider adoption of an ordinance of the City between the City of Denton and the Denton costs of seating in Quakertown Park; providin g providing for an effective date. ($1,200) Exhibit 1 - Ordinance Exhibit 2 - Agreement of Denton authorizing an agreement Parks Foundation to assist with the for the expenditure of funds; and Consider approval of a resolution of the City of Denton, Texas ( "City "), approving a change in the rates of Atmos Energy Corporation, Mid -Tex Division ( "Atmos ") as a result of a settlement between Atmos and the Atmos Texas Municipalities ( "ATM ") under the rate review mechanism; finding the rates set by the attached tariffs to be just and reasonable; finding that the meeting complied with the Open Meetings Act; declaring an effective date; and requiring delivery of the resolution to the company and legal counsel. Exhibit 1 Atmos Resolution Exhibit 2 Atmos Attachment A Exhibit 3 Atmos Attachment B Exhibit 4 Atmos Attachment C 2. PUBLIC HEARINGS A. S15-0001 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit for Multifamily Dwellings in a Regional Center Commercial Downtown (RCC -D) zoning district and use classification. The approximately 6.93 acre site is generally located 605 feet west of South I -35E and 540 feet north of Wind River Lane; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. (S15- 0001) City ofDenton Page 4 Printed on 51812015 City Council Meeting Agenda May 12, 2015 Attachments: Exhibit 1 Staff Report Exhibit 2 Site Location Aerial Map Exhibit 3 Zoning Map Exhibit 4 Future Land Use Map Exhibit 5 Proposed Site Plan Exhibit 6 Proposed Landscape Plan Exhibit 7 Public Notification Map and Community Responses Exhibit 8 Proiect Narrative Exhibit 9 Site Photos Exhibit 10 Draft Ordinance 3. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting of Closed Meeting topics, above posted. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2015 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON COUNCIL WORK SESSION ROOM AND CITY COUNCIL CHAMBERS ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1 -800 - RELAY -TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. City ofDenton Page 5 Printed on 51812015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 1'uww w.cityofdenton.com DENT' IN File #: ID 15 -385, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Utility Administration CM/ ACM: Howard Martin Date: May 12, 2015 SUBJECT Receive a report, hold a discussion, and give staff direction on the Road Impact Fee calculations, and comparison with other cities. BACKGROUND Staff has presented the Mobility Plan updates, the 10 -Year Land Use Assumptions and Road Impact Fee Capital Improvements Plan in previous Council Work Sessions. This presentation will provide the road impact fee calculation methodology, impact fee calculations for each of the five Service Areas, and also present what other cities are charging for road impact fees. The consultant scope of work for implementation of the Road Impact Fees is summarized below; 1. Project Initiation and Management 2. Land Use Assumptions 3. Master Plan Review and Impact Fee Capital Improvements Plan (CIP) 4. Maximum Fee Calculations and Rate Analysis 5. Roadway Impact Fee Study Document and Adoption Process 6. Administration Tools In the City Council April 14 meeting, staff presented the 10 -Year Land Use Assumptions and the Capital Improvements Plan for each of the five service area. As presented earlier, Table 1 summarizes the residential and employment 10 -year growth projections. Table 1. Residential and Employment 10 -Year Projections City of Denton Page 1 of 4 Printed on 5/7/2015 Residential Employment Service Area Single Family Multi-Family Basic Service Retail Dwelling Units Sq. Ft. Sq. Ft. Sq. Ft. 3,713 3,685,975 60,894 681,432 B 909 211 5181915 32,021 r191263 C 1,033 S32 580,537 1,222,722 ,530,669 D 702 187 350,814 193,124 66,617 City of Denton Page 1 of 4 Printed on 5/7/2015 File #: ID 15 -385, Version: 1 E 390 1,099 732,932 1,014,708 971984 Sub -Total 5, 748 2,328 6,569,173 423,469 995,965 Total ,076 14,988,607 Using the Proposed Mobility Plan and the Travel Demand Model results, the consultant Kimley Horn (KHA) analyzed the existing capacity of the roads, and projected the road capacity requirements for the 10 -year impact fee planning window based on the traffic generated from the growth projections included in Table 1. Based on the existing roadways capacity available and the projected capacity required, KHA then developed a 10 -year impact fee capital improvements plan (CIP) that includes the extents of the projects and the estimated costs as presented to the Council on April 14. This CIP then becomes the basis of calculating the Road Impact Fees for new development's impact on the Denton roadway system. A summary of the CIP costs plus financing for the 10 -year horizon is shown below for the five Service Areas established for the implementation of the Road Impact Fees; Using the growth projections as shown in Table 1 above, and the ITE manual for traffic generations for different land uses, KHA calculated the projected traffic generation for the next 10 years in each of the service areas. This traffic is then converted into vehicle -miles to be used as a unit for determining road impact fees. A vehicle -mile is defined as the capacity consumed in a single lane in the PM peak hour by a vehicle making a trip one mile in length. Thus, based on the City's 10 -year growth projections per Table 1 above, the additional traffic generated and shown as vehicle -miles for each service area is as follows: Total Growth (2014 - 20242,911 12,252 41,391 14,236 26,793 Vehicle-Miles The above vehicle -mile values are then used to determine the maximum impact fee per unit of new development as allowed by state law. This calculated maximum fee is not a recommendation; the actual fee amount ultimately assessed is at the discretion of the City Council, so long as it does not exceed the maximum assessable allowed by law. In addition, per state law the road impact fee study and corresponding maximum fees must be restudied at least every five years. Using the growth in vehicle -miles in each service area as shown above, and the required road capacity improvements to accommodate these vehicle - miles, KHA has calculated the maximum road impact fee per vehicle -mile for each of the service areas as shown below; 2014 Roadway ImpacIF $ 2,2 2.95,658.9 $2,177.8 $2,034.7 $2,233. Maximum Assessible Fe Using the unit costs per vehicle -mile from the table above then the maximum road impact fee for a single family home can be calculated. There are 4.90 Vehicle Miles per Dwelling Unit per the ITE manual. Applying this to Service Area A, the Road Impact Fee for a single family home in Service Area A would then be 4.90 x 2,232.45= $10,939.01. This methodology is used to similarly calculate road impact fees for a multitude of uses in any proposed development. The City of Denton Page 2 of 4 Printed on 5/7/2015 Cost of Roadway Impact Attributable to Growth an $ 119,42 99920,37(-),06390,92(),$8129,05'7,$4260,17' Using the growth projections as shown in Table 1 above, and the ITE manual for traffic generations for different land uses, KHA calculated the projected traffic generation for the next 10 years in each of the service areas. This traffic is then converted into vehicle -miles to be used as a unit for determining road impact fees. A vehicle -mile is defined as the capacity consumed in a single lane in the PM peak hour by a vehicle making a trip one mile in length. Thus, based on the City's 10 -year growth projections per Table 1 above, the additional traffic generated and shown as vehicle -miles for each service area is as follows: Total Growth (2014 - 20242,911 12,252 41,391 14,236 26,793 Vehicle-Miles The above vehicle -mile values are then used to determine the maximum impact fee per unit of new development as allowed by state law. This calculated maximum fee is not a recommendation; the actual fee amount ultimately assessed is at the discretion of the City Council, so long as it does not exceed the maximum assessable allowed by law. In addition, per state law the road impact fee study and corresponding maximum fees must be restudied at least every five years. Using the growth in vehicle -miles in each service area as shown above, and the required road capacity improvements to accommodate these vehicle - miles, KHA has calculated the maximum road impact fee per vehicle -mile for each of the service areas as shown below; 2014 Roadway ImpacIF $ 2,2 2.95,658.9 $2,177.8 $2,034.7 $2,233. Maximum Assessible Fe Using the unit costs per vehicle -mile from the table above then the maximum road impact fee for a single family home can be calculated. There are 4.90 Vehicle Miles per Dwelling Unit per the ITE manual. Applying this to Service Area A, the Road Impact Fee for a single family home in Service Area A would then be 4.90 x 2,232.45= $10,939.01. This methodology is used to similarly calculate road impact fees for a multitude of uses in any proposed development. The City of Denton Page 2 of 4 Printed on 5/7/2015 File #: ID 15 -385, Version: 1 consultant DRAFT Executive Summary report is attached for reference (Exhibit 2). Road Impact Fee Adoption Process Chapter 395 of the Texas Local Government Code stipulates a specific process for the adoption of Roadway Impact Fees. A Capital Improvement Advisory Committee (CIAC) is required to review the Land Use Assumptions and Roadway Impact Fees CIP used in calculating the maximum fee, and to provide the Committee's findings for consideration by the City Council. This CIAC also reviews the Roadway Impact Fee ordinance and provides its findings to the City Council. The composition of the CIAC is required to adequately represent the building and development communities. The City Council then conducts a first public hearing on the Land Use Assumptions and Roadway Impact Fee CIP and a second public hearing on the Roadway Impact Fee Ordinance. Following policy adoption, the CIAC is tasked with advising the City Council of the need to update the Land Use Assumptions or the Roadway Impact Fees CIP at any time within five years of adoption. Finally, the CIAC oversees the proper administration of the Impact Fee, once in place, and advises the Council as necessary. OPTIONS N/A RECOMMENDATION Staff is seeking guidance and recommendation for the implementation of the Road Impact Fees. ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) December 5, 2011: Staff presentation to the City Council regarding supplemental street funding February 6, 2012: Staff presentation to the City Council to provide an update regarding supplemental street funding September 10, 2013: Staff presentation to the City Council to provide an update and seek direction regarding supplemental street funding November 15, 2013: Staff presentation of proposed road impact fees to the Developer's Committee December 10, 2013: Work Session on Kimley -Horn and Associates, Inc consultant contract for implementation of road impact fees January 7, 2014: Approval of the Kimley -Horn and Associates, Inc consultant contract for implementation of road impact fees May -, 2014: Approval of the amendment to the Kimley -Horn and Associates, Inc consultant contract for implementation of road impact fees December 9, 2014: Presentation of the Travel Demand Model and proposed changes to the Mobility Plan to the Mobility Committee January 5, 2015: Presentation of the Travel Demand Model and proposed changes to the Mobility Plan to the Traffic Safety Commission January 13, 2015: Update to Mobility Committee on the proposed changes to the Mobility Plan and street sections conforming to context sensitive solution design March 23, 2015: Presentation of the Travel Demand Model and proposed changes to the Mobility Plan to the City Council April 14, 2015: Presentation of the l0 -Year Land Use Projections and Capital Improvements Plan to the City Council FISCAL INFORMATION N/A BID INFORMATION N/A City of Denton Page 3 of 4 Printed on 5/7/2015 File M ID 15 -385, Version: 1 EXHIBITS 1. Road Impact Fee Calculation Presentation 2. KEA DRAFT Executive Summary for Road Impact Fees Respectfully submitted: P.S. Arora, P.E. 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CL- >. G u U u j < -0 -0 c c C: a C: C C 0 0 0 0 0 0 0 U CL u u u oOG u w u 0 CL • • • • • • • I I I m I I I City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON File #: ID 15 -413, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072. Receive information from staff pertaining to the acquisition of real property interests related to the proposed expansion and reconstruction of Locust Substation generally located South East of Fort Worth Drive & West Collins Street, 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 parcels of real property near the aforementioned location and more particularly described as: Lot 1, Block A of Garcia Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in document No. 2009 -168 of the plat records of Denton, County, Texas. [Locust substation/no associated action item] City of Denton Page 1 of 1 Printed on 5/7/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -419, Version: 1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with City's attorneys regarding legal rights, restrictions, and obligations under Texas law, associated with overlapping extraterritorial jurisdictions claimed by municipalities neighboring the City of Denton, Texas, as well as possible negotiated resolutions of such matters, where a public discussion of such legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation. [ID 15 -417] City of Denton Page 1 of 1 Printed on 5/7/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -414, Version: 1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, 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 vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D- 1- GN -14- 004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 09833 -431 currently pending in the 431st District Court of Denton County 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 5/7/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: Al 5-0012b, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM /ACM: Jon Fortune DATE: May 12, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, on first reading to involuntarily annex approximately 578.74 acres of land contained in eight (8) of the fifteen (15) annexation areas. Four (4) of the annexation areas include approximately 440.19 acres of land and are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ) Division 1, and are identified as PAA1, PAA2, PAA3, and PAA4. The remaining four (4) areas include approximately 138.65 acres of land and are considered unincorporated ETJ pockets located within the body of the City of Denton's corporate limits and are identified as DH2, DH3, DH4, and DH1l; providing for a penalty in the maximum amount of $2000.00 for violations thereof, severability and an effective date. (A15- 0012b) BACKGROUND The Denton Plan, adopted in 1999, called for an aggressive annexation policy. Following this policy, the City of Denton instituted a number of annexations. In 2009, Freese and Nichols was hired to perform an annexation study. As a result, approximately 9,035 acres of land within the City of Denton Extraterritorial Jurisdiction (ETJ) was initiated for annexation in 2010. As part of the aggressive annexation in 2010, the City Council approved several ordinances for Non Annexation Agreements (NAAs) in annexation areas referred to as DHI, DH2, DH3, DH4, DHS, DH11, DH14, PAA1, PAA2, PAA3, and PAA4. The agreements were approved for five years and had a cessation date for February 9, 2015 and March 2, 2015. In 2014, City Council directed staff to offer a one year extension to the original agreement. The 2015 Annexations involve those properties that received a Non - Annexation Agreement in 2010, and do not comply with the exemption requirements in the Texas Local Government Code Chapter 43.035 or did not execute a Non - Annexation Extension Agreement. Consistent with the Texas Local Government Code 43.063 and the City's Charter Section 1.03, annexing properties into the City's corporate boundaries requires two public hearings and two public readings. Generally, a public hearing involves an advertised and noticed meeting that the general public has the opportunity to comment and participate. However, a public reading consists of reading the ordinance into public record prior to any action. The 2015 Annexation schedule is as follows: City of Denton Page 1 of 3 Printed on 5/7/2015 File #: Al 5-0012b, Version: 1 April 7 City Council First Public Hearing April 12 Publication of Annexation Ordinances in Denton Record Chronicle April 21 City Council Second Public Hearing May 12 1st Reading of Annexation Ordinances June 16 2nd Reading and Adoption of the Annexation Ordinances The ordinances were prepared by the City's Legal Department, and will be provided under a separate cover. OPTIONS 1. Proceed with annexation. 2. Decline annexation. 3. Table this item. RECOMMENDATION Staff recommends approval of the 2015 Annexation of specifically identified properties consisting of approximately 578.74 acres located in DH2, DH3, DH4, DH11, PAA1, PAA2, PAA3, and PAA4. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The following is a summary of the actions taken by the City in association with the annexation: L February 11, 2015, Notice of Intent to Annex was sent certified mail to the mailed the public /private entities and railroad companies; 2. March 3, 2015, the one year Non - Annexation Extension Agreements were approved by City Council; 3. March 22, 2015, Public Hearing Notice was published in the Denton Record Chronicle; and 4. April 3, 2015, the City Council meeting agenda was posted in City Hall and the City's website. 5. April 7, 2015, City Council held the first public hearing 6. April 12, 2015, the captions from the ordinances were published in the Denton Record Chronicle 7. April 17, 2015, the City Council meeting agenda was posted in City Hall and the City's website. 8. April 21, 2015, City Council held the second public hearing. EXHIBITS 1. 2015 Annexation Service Plan 2. Location Map and General Descriptions 3. Annexation Ordinances - provided under separate cover City of Denton Page 2 of 3 Printed on 5/7/2015 File #: Al 5-0012b, Version: 1 Respectfully submitted: Aimee Bissett Interim Director of Planning and Development Prepared by: Katia Boykin Planning Supervisor, CPM City of Denton Page 3 of 3 Printed on 5/7/2015 CITY OF DENTON SERVICE PLAN 2015 Annexation L AREA ANNEXED The areas to be annexed include approximately 620.86 acres of land contained in eight (8) areas. Four annexation areas consist of approximately 478.78 acres, generally located in northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and are identified as PAAl, PAA2, PAA3, and PAA4. The remaining four areas include approximately 142.08 acres of land, and are unincorporated ETJ pockets located within the body of the City of Denton's corporate limits, and identified as DH2, DH3, DH4, and DH. These areas are depicted in the attached location map along with a general description of each area. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b) -(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. 1 B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: L Fire suppression and rescue; 2. Pre - hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emmency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre - arrival First Aid instructions; 2. Pre - hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights -of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAAl, PAA4, DH -1, DH -2, DH -3, DH -4, DH -5, DH -6, DH -8, DH -10, DH -11, DH -13, and DH -14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. 3 Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and /or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and /or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road /street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. 11 H. Parks, Playgrounds, Swimming Pools Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. I. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. IV. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. V. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. VL AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. 5 Location Map and General Descriptions PAA1 General Location Branch Road Acres: 164.10 PAA2 General Location Acres: 62.65 PAA3 General Location Acres: 209.15 South side of Jim Christal Road; north side of Tom Cole Road; west of Masch South side of FM 1173; north of University Drive; west of 1 -35 South side of Ganzer Road; east and west of Barthold Road; north of FM 1173 CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 PAA4 General Location: South side of Milam Road; north of Loop 288; east of 1 -35 Acres: 4.29 DH 2 General Location: South side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Road Acres: 45.85 DH 3 General Location Acres: 16.99 DH 4 General Location Boulevard Acres: 9.52 DH 11 General Location Acres: 62.20 South side of Spring Side Road; north, south and west of Corbin Road; west of 1 -35 East side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage Southeast of the intersection of Mayhill Road and McKinney Street CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -386, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Parks and Recreation CM/ ACM: John Cabrales Date: May 12, 2014 SUBJECT Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Contract of Sale (herein so called), as attached hereto and made a part hereof as Exhibit "A ", by and between the City of Denton, (the "City ") and DENTON 68 JOINT VENTURE, a Texas Joint Venture (the "Seller), regarding the sale and purchase of fee simple to three tracts identified as (I) a 6.458 acre tract, known as Lot 57, Block A, of THE OAKS OF TOWNSHIP 11, recorded in Cabinet E, Page 13, Plat Records Denton County, Texas; and (II) a 0.361 acre tract, more or less, out of the R. H. Hopkins Survey, Abstract No. 1694, and being part of Township II, Phase 2, and recorded in Volume 11, Page 14, Plat Records, Denton County, Texas; and (III) a 3.384 acre tract, known as Lot 44, Block A of the Woodlands of Township 11, recorded in Cabinet E, Slide 16, Plat Records, Denton County, Texas, all being additions to the City of Denton, Denton County, Texas, located generally in and around the Township II area south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd., in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, (the "Property Interests "), for the purchase price of Fifty Four Thousand Six Hundred and No/ Dollars and No Cents ($54,600.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Township II Park Property Acquisition project: Tracts 1, 2, and 4 - Denton 68 Joint Venture) BACKGROUND Citizen inquiries began (1993) regarding the disposition of greenbelt tracts running from Colorado to just south of San Gabriel Dr. City staff has researched ownership and clarified the disposition of the ownership of four tracts, presenting findings to the City Council. In 2012 a Keep Denton Beautiful group was created with the intent of creating a community garden on a portion of the greenbelt. Approval of the subject ordinance authorizes execution of the Contract of Sale to acquire the land rights necessary to complete the acquisition of the remaining three tracts identified for park land. OPTIONS 1. Approve the proposed Ordinance. 2. Decline to approve the proposed Ordinance. 3. Table for future consideration. City of Denton Page 1 of 2 Printed on 5/7/2015 File #: ID 15 -386, Version: 1 RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) September 17, 2013 - City Council, Closed Session November 3, 2014 - City Council, Closed Session April 7, 2015 -City Council -Ordinance 2015 -095 (Eminent Domain) FISCAL INFORMATION The overall Township II Park Property Acquisition will be subsidized by the Park Dedication or 915 Funds. BID INFORMATION Not applicable. EXHIBITS 1. Location Map 2. Ordinance (Contract of Sale attached) Respectfully submitted: Emerson Vorel Director, Parks and Recreation Prepared by: LuAnne Oldham Real Estate Specialist City of Denton Page 2 of 2 Printed on 5/7/2015 LOCATION MAP PR;'' KHMN-3 OAH, OAK OA K /0 Y II K U�,`,� -IBER1,111" Y 71 rr l'F1',l,,, 0 Y f 'r 1- A R N Lf "RE Of Downtown Denton .-.-F IF' F P A j E 0 12 > A J �,IL S IN 0 L E 0 E A r i L E M01 SE CD, L tf 1)"I'll s m r z A T'E K S AT 6,1 V A N S A li 1,1 I'A Ff E MILDERNEflS Location r D E R S K Ili 1110 p1l, fl �H Ran, 0. IV 6 -g y 0 N D 0 IN ORDINANCE NO. 2015 - AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT OF SALE, ATTACHED AS EXHIBIT "A" AND MADE A PART HEREOF, BY AND BETWEEN DENTON 68 JOINT VENTURE, A TEXAS JOINT VENTURE, AS OWNER, AND THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AS BUYER, REGARDING THE SALE AND PURCHASE OF THREE TRACTS IDENTIFIED AS: (1) A 6.458 ACRE TRACT, KNOWN AS LOT 57, BLOCK A, OF THE OAKS OF TOWNSHIP II, RECORDED IN CABINET E, PAGE 13, PLAT RECORDS, DENTON COUNTY, TEXAS, (2) A 0.361 ACRE TRACT, MORE OR LESS, OUT OF THE R. H. HOPKINS SURVEY, ABSTRACT NO. 1694, AND BEING PART OF TOWNSHIP II, PHASE 2, AND RECORDED IN VOLUME 11, PAGE 14, PLAT RECORDS, DENTON COUNTY, TEXAS, AND (3) A 3.384 ACRE TRACT, KNOWN AS LOT 44, BLOCK A OF THE WOODLANDS OF TOWNSHIP II, RECORDED IN CABINET E, SLIDE 16, PLAT RECORDS, DENTON COUNTY, TEXAS, ALL BEING ADDITIONS TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, LOCATED GENERALLY IN AND AROUND THE TOWNSHIP II AREA SOUTH AND WEST OF COLORADO BLVD., SOUTH OF FOXHOLLOW, NORTH AND EAST OF ANGELINA BEND DR. AND WEST OF VALLEY CREEK RD., IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE CONTRACT OF SALE, ( "PROPERTY INTERESTS "), FOR TIIE PURCHASE PRICE OF FIFTY FOUR THOUSAND SIX HUNDRED AND NO /DOLLARS AND NO CENTS ($54,600.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE CONTRACT OF SALE; 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; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is authorized (a) to execute on behalf of the City (i) the Contract of Sale, between the City and Owner, in the form attached as Exhibit "A" and made a part hereof, with a purchase price of $54,600.00; and (ii) any other documents necessary for closing the transactions contemplated by the Contract of Sale; and (b) to make expenditures in accordance with the terms of the Contract of Sale. SECTION 2. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a 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 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Page 2 STATE OF TEXAS COUNTY OF DENTON § EXHIBIT "A" CONTRACT OF SALE NOTICE 1 of 26 YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. This Contract of Sale (the "Contract") is made this - day of 1 2015, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date"), by and between DENTON 68 JOINT VENTURE (referred to herein as "Seller ") and the CITY OF DENTON, "TEXAS, A HOME RULE MUNICIPAL CORPORATION of Denton County, Texas (referred to herein as "Buyer"). RECITALS WHEREAS, Seller owns those certain tracts of land being more particularly described on Exhibit "A" , attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land"), and WHEREAS, Seller desires to sell to Buyer. and Buyer desires to buy from Seller, the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys and rights of way and together with all. and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively, the "Property"). ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller. the Property. EXHIBIT "A" 2 of 26 ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of Fifty Four Thousand Six Hundred and No /100 Dollars ($54,600.00) (the "Purchase Price "). 2.02 Earnest Money. Intentionally deleted. 2.03 Independent Contract Consideration. Intentionally deleted. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. Intentionally deleted. 3.02 Survey. Intentionally deleted. 3.03 Review of Title Commitment, Survey and Exception Documents. Intentionally deleted. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. Intentionally deleted. 3.05 Title Policy. Intentionally deleted. ARTICLE IV I+EASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of�Buyer specified in this Contract are wholly conditioned on Buyers having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending forty five (45) calendar days thereafter (the "Absolute _Review Period "), based on such appraisals, tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will provide to Seller, if requested by Seller, copies of (i) any and all non- 2 3 of 26 confidential and non - privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing late, except where specific reference is made to another date, that: (a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true and correct. (b) There are no adverse or other parties in possession of the Property or any part thereof, and no party has been granted any license, lease or other right related to the use or possession of" the Property, or any part thereof, except those described in the Leases, as defined in Article V, Section 5.02(a). (c) The Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. (d) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (c) The Seller has not received notice of, and has no other knowledge or information of; any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property, except the following: Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $480.00, tiled May 1, 1989, recorded in Volume 2569, Page 671, Real Property Records of Denton County, Texas. Notice of Lien in favor of CI`T'Y OF DENTON, TEXAS, in the original sum of $125.00, filed September 29, 1994, recorded under CC# 94- R0074851, Real Property Records of Denton Countv, "Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $515.00, filed April 14. 2001, recorded under CC# 2001- 84050, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $310.00, filed November 20 2001, recorded in Volume 4968, Page 1870, Real Property Records of Denton County, "Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $110.00, filed September 1, 2004, recorded under CC 2004 - 116798, Real Property Records of Denton County, Texas. 3 EXHIBIT "A" 4 of 26 Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $110.00, filed January 4, 2005, recorded under CC 2005 -71.0, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $192.50, filed December 18. 2006, recorded under CC #2006 - 1.53396, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $370.25, filed October 9, 2007, recorded under CC #2007 - 119279, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, ']TEXAS, in the original sum of $240.00, filed January 11, 2008, recorded under CC# 2008 -3686, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $355.00, filed February 21, 2014, recorded ender CC 2013 - 21060, Real Property Records of Denton County, Texas. Code Violation issued by CITY OF DENTON, TEXAS, delinquent as of 2117/2008, in the original sum of $145.00 (f) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens, with the express exception of: None (g) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (h) All Leases, as defined in Article V, Section 5.02(a), shall have expired or otherwise terminated and any and all tenants or parties occupying the Property pursuant to the Leases shall have permanently abandoned and vacated the Property, including without limitation, all personal property of any such tenants or parties, on or before the date of Closing. (i) The Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (1) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect 4 5 of 26 to, or affecting, the Property that will not be fully performed. on or before the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing, or claims related thereto, concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, grant or permit to be attached or perfected, any lien, encumbrance, or charge thereon. (c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, Iiability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials furnished- to the Property under any written or oral contracts arising or entered into prior to Closing. (d) On or before Closing, Seller shall remove (i) any waste material or debris that are located upon, or may accumulate or otherwise be placed on the Property (the "Waste Material "), from the Property and dispose of same in accordance with all applicable statutes, regulations, rules, orders and ordinances; and (ii) all personal property from the Property. It is expressly stipulated that (i) the Waste Material shall be deemed at all times the property of Seller; and (ii) Buyer may retain, destroy, or dispose of any property, of any kind or type, left or remaining on the Property at Closing (the "Abandoned Property "), without liability of any kind to Buyer and without payment of consideration of any kind to Seller. In the event Buyer shall elect to store said Abandoned Property. Buyer may store such Abandoned Property in the name, and at the expense, of Buyer. 5.02.A. Warranty of Buyer; Property Condition. Buyer represents and warrants to Seller that it has made, or will make prior to Closing, an independent inspection and evaluation of the Property and acknowledges that Seller has made no statements or representations coneerning the present or future value of the Property, or the condition, including the environmental condition, of the Property. Except as otherwise specifically represented and warranted by Seller in this Contract, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, STATUTORY, OR IMPLIED, AS TO THE VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND /OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, AND /OR MERCHANTABILITY OR FITNESS FOR PURPOSE OF 5 00MI10 -III _M 6 of 26 ANY OF THE PROPERTY. Buyer further acknowledges that it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent evaluations and studies based thereon. Seller makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Buyer, if any, whether furnished by Seller or any third party. Seller assumes no liability for the accuracy, completeness or usefulness of any material furnished by Seller, if any, and/or any other person or party. Reliance on any material so furnished is expressly disclaimed by Buyer, and shall not give rise to any cause, claim or action against Seller. THE CONVEYANCE OF THE PROPERTY SHALL BE ON A `'WHERE IS ". "AS IS ", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY, EXPRESSED, STATUTORY OR IMPLIED, AS TO TIIE PHYSICAL AND ENVIRONMENTAL, CONDITION OF THE PROPERTY AND /OR MATERIALS CONI`AINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, THE QUALITY, QUANTITY AND VALUE OF THE PROPERTY, OR FITNESS FOR PURPOSE OR MERCHANTABILITY. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller and Buyer contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(x). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Intentionally deleted. 6.02 Breach of Seller's Representations , Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing .Date, except where specific reference is made to another date. 6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned by an entity other than Buyer, or is the subject of condemnation, eminent domain, or other material proceeding EXHIBIT "A" 7 of 26 initiated by an entity other than Buyer, or the Property, or any part thereof; has been materially or adversely impaired in any manner. 6.-04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving w=ritten notice to Seller, terminate this Contract. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of Buyer and shall be accomplished through an exchange of purchase money and documents as provided in Article VII, 702(a) (b). The Closing Date (herein sometimes called), shall be eighty (80) calendar days after the Effective Date, unless otherwise mutually agreed upon by Buyer and Seller. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer, at the expense of the party designated herein. the following items: The Special Warranty Deed, substantially in the form as attached hereto as Exhibit "B ", subject only to the Pennitted Exceptions, if any, duly executed by Seller and acknowledged; Evidence of payment and release of those Notice(s) of Lien(s) in favor of CITY OF DENTON, 'TEXAS recordings as described in Section 5.01(e) hereinabove; (b) Buyer. At the Closing, Buyer shall deliver to Seller the following: The sum required by Article II, Section 2.01, in the form of a check or cashier's check or other immediately available funds; 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in EXHIBIT "A" 8 of 26 this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Taxing Authority with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated and submitted by Seller to the Denton County Tax Assessor as of the Closing Date. Ad valorem tax for the calendar year in which the Closing shall occur shall be tendered under Texas Prol)er•ty Tax Code Section 26.11. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. Seller shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 7.05 Costs of Closing. Each party is responsible for paying the legal tees ofd its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying all other fees, costs and expenses related to Closing. ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing, the iterns specified in Article V11, Section 7.02(a) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. *00SH71-Bil An 9 of 26 (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's remedies for the default, may, at Buyer's sole option, do any of the following: (i) Terminate this Contract by written notice delivered to Seller. (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens or encumbrances; and (iii) Seek other recourse or relief as may be available to Buyer at or by law, equity, contract or otherwise. 8.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for any reason other than a default by Seller under this Contract or termination of' this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedy for the default, may, at Seller's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Buyer; or (ii) Enforce specific performance of this Contract against Buyer. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered, unless expressly provided otherwise in this Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be deemed to be delivered and received, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return. receipt requested, postage prepaid, addressed as follows: SELI..IR: Denton 68 Joint Venture Attn: 'Terrell Reagan 3660 Courtdale Drive Dallas, TX 75234 BUYER: City of Denton Paul Williamson Real Estate and Capital Support 901 -A Texas Street Denton, Texas 76209 Telecopy: (940) 349 -8951 011 Copies to: For Seller: V r c T`7 :1 t 2-,!N Telecopy: <A - T j ­ 14 ILA For Buyer: Larry Collister Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, 'Texas 76201 Telecopy: (940) 382 -7923 10 of 26 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. 'This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective devisees, heirs, successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 9.05 Risk of Loss. If any damage to the Property shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated by an entity or party other than Buyer that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) "Terminate this Contract and withdraw from this transaction without cost, obligation or liability; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive (i) in the case of damage, all insurance proceeds, if any; and (ii) in the case of eminent domain, all proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have ten (10) calendar days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage to the Property, in which to make Buyer's election. In the event Buyer elects to close prior to such final settlement, then the Closing shall take place as provided in Article VII, above, and there shall be assigned by Seller to Buyer at Closing, in form and substance satisfactory to Buyer, all interests of 10 FMICROHM 11 of 26 Seller in and to any and all insurance proceeds or condemnation awards which may be payable to Seller on. account of such event. In the event Buyer elects to close upon this Contract after final settlement, as described above; Closing shall be held five (5) business days after such final settlement. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and /or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed and /or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article IX, Section 9.06 shall survive Closing. 9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Ross Chadwick, fire Chief of Buyer, or his designee. 9.10 Contract Execution. "Phis Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.11 Business Days. If the Closing Date or the day of performance required or permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then the Closing Date or the date of such performance, as the case may be, shall be the next following regular business day. SELLER: DENT N 68 J VENTURE 1 By: erre�Reafan Venturer Executed by Seller on the _� day of 4 l (�. 2015. EXHIBIT "A" BUYER: 12 of 26 By: GEORGE C. CAMPBELL, CITY MANAGER 1xecuted by Buyer on the day of -----2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AN ITA BURGESS, CITY ATTORNEY BY: ej v 12 EXHIBIT "A" Contract of Sale Legal Description Parcel 1 13 of 26 BEING LOT 57, BLOCK A, of ` lIE OAKS OFF TOWNSHIP II, to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet E, Page 13, Plat Records of Denton County, Texas. Together with Certificate of Correction filed April 24, 1985, recorded in Volume 1619, Page 587, and filed August 19, 1974, recorded in Volume 1652, Page 130, Real Property Records of Denton County, Texas and being further described as follows: Beginning for the most southerly northwest corner of this tract at an iron pin found in the east right-of-way of Angelina Bend Drive, the southwest corner of Lot 21, Block E of Township II, Phase I, recorded in Volume 9, Page 38, Plat Records, Denton County, Texas; Thence South 87 degrees 52 minutes 18 seconds East with south line of said Lot 21 a distance of 30.59 feet to an iron pin, found, for an inner ell corner of this tract; Thence North 02 degrees 09 minutes 15 seconds East with the cast line of said Township II Phase I, a distance of 641.19 feet to an iron pin, found, the northeast corner of Lot 14, and the Southeast corner of Lot 13, said Township II Phase I for an angle point of this tract; Thence North 09 degrees 01 minutes 10 seconds West with the east line of said Lot 13, a distance of 164.35 feet to an iron pin, found, the northeast corner of said Lot 13, same being the most southerly southeast corner of Lot 44, Block A of the Woodlands of Township II, an addition to the City of Denton as shown by plat recorded in Cabinet E, Slide 16, Plat Records of Denton County, Texas; Thence North 26 degrees 28 minutes 44 seconds East with the eomn -ion line between said Lot 57 and said Lot 44 a distance of 139.20 feet to an iron pin for an angle corner of" this tract: Thence North 08 degrees 59 minutes 15 seconds Fast a distance of 100.86 feet to an iron 13 EXHIBIT "A" 14 of 26 pin for an angle corner of this tract; Thence North 00 degrees 47 minutes 21 seconds West a distance of 326.87 feet to an iron pin in the south right-of-way of Colorado Boulevard for the Northwest comer of the herein described tract; Thence Southeasterly with said right-of-way and a curve to the left having a radius of 592.49 feet (Chord bearing South 55 degrees 18 minutes 37 seconds East 151.95 feet) a distance of 152.37 feet to the end of said curve; Thence South 62 degrees 40 minutes 39 seconds East with the south right -of -way line of Colorado Boulevard a distance of 339.48 feet to an iron pin at the southwest corner of the intersection of Colorado Boulevard and Valley Creek Road; Thence with the west Line of said Valley Creek. Road, South 27 degrees 19 minutes 21 seconds West a distance of 80.00 feet to the northeast corner of Lot 1, Block A of said Oaks: "Thence with the following (5) calls: North 62 degrees 40 minutes 39 seconds West 120.00 feet to the northwest corner of Lot 1; South 27 degrees 19 minutes 21 seconds West 251.19 feet; South 15 degrees 00 minutes 49 seconds West 388.66 feet; South 32 degrees I I minutes 20 seconds }east 36.80 feet; South 74 degrees 59 minutes I I seconds East 103.00 feet to the southeast corner of Lot 8 Block A, in the west line of Valley Creek Road; Thence South 15 degrees 00 minutes 49 seconds West with the west line of Valley Creek Road a distance of 50.00 feet to the northeast corner of Lot 9, Block A; Thence with the following (5) calls; North 74 degrees 59 minutes 11 seconds West 105.00 feet to the northwest corner of Lot 9; South 32 degrees 50 minutes 21 seconds West 81.67 feet; South 15 degrees 00 minutes 49 seconds Wrest 71.92 feet; South 05 degrees 46 minutes 36 seconds West 342.69 feet; South 02 degrees 23 minutes 04 seconds East 236.74 feet to an iron pin in the north right - of -way of San Gabriel Drive for an inner ell corner of this tract and the beginning of a 14 15 of 26 curve to the right having a radius of 796.95 feet (chord bearing North 87 degrees 01 minutes 29 seconds West, 118.88 feet); Thence northwesterly with said right-of-way and said curve a distance of 118.89 feet to an iron pin, for the end of said curve; Thence northwesterly with said right -of -way and a curve having a radius of 1076.82 feet (Chord bearing North 79 degrees 14 minutes 50 seconds West 133.22 feet) a distance of 13331 feet to an iron pin found in the east right -of -way of said Angelina Bend Drive, for the most westerly southwest corner of this tract; Thence North 17 degrees 37 minutes 33 seconds East with said east riglit -of way a distance of 89.69 feet to an iron pin for the beginning of a curve to the left having a radius of 820.49 feet (Chord bearing North 10 degrees 46 minutes 42 seconds East, 190.98 feet); Thence northeasterly with said right -of -way and said curve a distance of 191.39 feet to Point of Beginning and containing 6.458 acres of land. Parcel 2 All that certain tract or parcel of land situated in the R.H. HOPKINS, Survey, Abstract No. 1694, City and County of Denton, Texas, and being part of Township 11, Phase 2 and recorded in 'Volume 11, Page 1.4, Plat Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at the southwest corner of Lot 56, Block A, of the OAKS OF TOWNSHIP II, as recorded in Cabinet E, Page 13, Plat Records; TIIENCE north 01' 34'05" west with the west line of said Lot 56 a distance of 130.0 feet to a corner at the POINT OF BEGINNING; THENCE northwesterly with a curve to the right which has a central angle of 08° 32'05" a radius of 85695 feet to an arc distance of 127.65 feet to a corner at a point of curve on curve; THENCE northwesterly with a curve to the right which has a central angle of 07° 37'02" a radius of 1086.82 feet and an are distance of 144.487 feet to a corner; 15 EXHIBIT "A" 16 of 26 THENCE north 17° 37' 53" east a distance of 60.09 feet to a corner; THENCE southeasterly with a curve to left which has a central angle of 07° 26' 20" a radius of 1026.82 feet and an arc distance of 133.315 feet to a point of curve on curve; THENCE southeasterly with a curve to the left_ which has a central angle of 08° 33' 17" a radius of 796.95 feet and an are distance of 118.99 feet to a corner on the west line of said Lot 56; THENCE south 01° 18' 07" west with the west line of said Lot 56 a distance of 60.0 feet to the Point of'Beginning and containing in all 0361 acres of land Parcel 3 All that certain tract or parcel of land in the Mary Austin Survey, Abstract No. 4, and the R. 11. I lopkins Survey, Abstract No. 1694, Denton County, "Texas, being all of Lot 44, Block A of the Woodlands of 'Township 11, an addition to the City of Denton, as shmvri by plat recorded in Cabinet E, Slide 16, Plat Records, Denton County, Texas and being further described as follows: Commencing at a found iron pin the north right -of -way line of Piping Rock Lane, the southeast corner of Lot 15, Block E, Hopkins Hills Addition, re -plat, recorded in Cabinet A, Page 113, flat Records, Denton County, Texas; Thence South 88 degrees 48 minutes 33 seconds East with the north right -of -way line of Piping Rock Lane a distance of 215.19 feet to a found iron pin at the northeast corner of the intersection of Piping Rock Lane and San Gabriel Drive; Thence South 01 degrees 32 minutes 04 seconds West with the cast right -of -way line of San Gabriel Drive a distance of 50.0 feet to a found iron pin at the northwest corner of Lot 1, Block E, Township II Phase I_ as shown by plat recorded in Volume 9, Page 38, Plat Records, Denton. County, Texas, same point being the Point of Beginning of the herein described tract; Thence North 01 degrees 32 minutes 04 East with the west line of said Lot 44, a distance of 166.521'ect to a found iron pin for the northwest corner of said Lot 44; Thence South 88 degrees 29 minutes 18 seconds Fast with a north line of said Lot 44, a 16 17 of 26 distance of 509.58 feet to the southwest corner of Lot 39, Block A of said Woodlands; Thence North 84 degrees 41 minutes 03 seconds East with a north line of said Lot 44 and the south line of said Lot 39 a distance of 80.57 feet to a found iron pin for the southeast corner of said Lot 39; Thence South 88 degrees 50 minutes 26 seconds East with a north line of said Lot 44 a distance of 552.80 feet to a found iron pin for the northeast conger of said Lot 44, same being the southeast corner of Lot 43, Block A of said Woodlands, same also being a common corner with Lot 57, Block A, the Oaks of Township II, as shown by plat recorded in Cabinet E, Slide 13, Plat. Records, Denton County, Texas; Thence South 26 degrees 28 minutes 44 seconds West with the common line between said Lot 44 and Said Lot 57 a distance of 1' )9.20 feet to a found iron pin for the most easterly southeast corner of said lot 44; Thence with the south line of Lot 44 and the north line of said "Township II Phase I the following (6) calls; North 71 degrees 26 minutes 44 seconds West 67.90 feet to a .found iron pin; North 83 degrees 33 minutes 43 seconds West 234.26 feet to a found iron pin, South 77 degrees 26 minutes 55 seconds West 239.99 feet to a found iron pin; South 80 degrees 30 minutes 12 seconds West 74.82 feet to a found iron pin; South 84 degrees 18 minutes 19 seconds West 145.88 feet to a found iron pin; North 88 degrees 54 minutes 13 seconds West 334.40 feet to the Point of Beginning and containing 3.384 acres of land. 17 EXHIBIT "A" 18 of 26 EXHIBIT "B" TO CONTRACT OF SALE, NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER, SPECIAL WARRANTY DEED STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENT'S That DENTON 68 JOINT VENTURE(referred to herein as "Seller "), for and in consideration of the suns 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 on Exhibit "A ", attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property "). Exceptions to conveyance and warranty: I Insert Permitted Exceptions, if any] 18 EXHIBIT "A" 19 of 26 Grantor hereby assigns to Grantee, without recourse or representation., any and all claims and causes of action that Grantor may have for or related to any defects in, or injury to, the Property. Grantee represents and warrants to Grantor that it has made an independent inspection and evaluation of the Property and acknowledges that Grantor has made no statements or representations concerning the present or future value of the Property, or the condition, including the environmental condition, of the Property. Except as otherwise specifically represented and warranted by Grantor herein and in that certain Contract of Sale, dated . 2015, by and between Grantor and Grantee, GRANTOR MAKES NO RI PRESENTATIONS OR. WARRANTIES EXPRESSED, STA'TUT'ORY, OR IMPLIED, AS TO THE VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND /OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY. AND /OR MERCHANTABILTTY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Grantee further acknowledges that it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent evaluations and studies based thereon. Grantor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any third party. Grantor assumes no liability for the accuracy, completeness or usefulness of any material furnished by Grantor, if any. and /or any other person or party. Reliance on any material so furnished is expressly disclaimed by Grantee, and shall not give rise to any cause, claim or action against Grantor. THE CONVEYANCE OF THE PROPERTY IS ON A `'WHERE IS ", "AS IS ", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY, EXPRESSED, STATUTORY OR IMPLIED, D, AS TO TIIE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE 19 EXHIBIT "A" 20 of 26 PROPERTY AND /OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, THE QUALITY, QUANTITY AND VALUE OF THE PROPERTY, OR FITNESS FOR PURPOSE OR MERCHANTABILITY. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns. against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise. EXECUTED the � day of .2015 DENTON 68 JOINT VENTURE By: Terrell Reagan Venturer ACKNOWLEDGVIEN`T THE STATE COUNTY OF -__ -_ § This instrument was acknowledged before me on , 2015 by Terrell Reagan, of Denton 68 Joint Venture, a Texas Joint Venture. Notary Public, State of Texas My commission expires: _ 20 Upon. Filing Return 'To: The City of Denton - Engineering Attn: Paul Williamson 901 -A Texas Street Denton, TX 76209 EXHIBIT "A" 21 21 of 26 Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 EXHIBIT "A" EXHIBIT "A" Contract of Sale Legal Description 22 of 26 Parcel 1 BEING LOT 57, BLOCK A, of THE OAKS OF TOWNSHIP 11, to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet E, Page 13, Plat Records of Denton County, "Texas. Together with Certificate of Correction filed April 24, 1985, recorded in Volume 1619, Page 587, and filed August 19, 1974, recorded in Volume 1652, Page 130, Real Property Records of Denton County, Texas and being further described as follows: Beginning for the most southerly northwest corner of this tract at an iron pin found in the east right -of -way of Angelina Bend Drive, the southwest corner of Lot 21, Block. E of Township I1, Phase 1, recorded in Volume 9, Page 38, Plat Records, Denton County, Texas; Thence South 87 degrees 52 minutes 18 seconds East with south line of said Lot 21 a distance of 30.59 feet to an iron pin, found, for an inner ell corner of this tract; Thence North 02 degrees 09 minutes 15 seconds East with the east line of said 'Township II Phase I, a distance of 641.1.9 feet to an iron pin, found, the northeast corner of Lot 14, and the Southeast corner of Lot 13, said Township 11 Phase I for an angle point of this tract; Thence North 09 degrees 01 minutes 10 seconds West with the east line of said Lot 13, a distance of 164.35 feet to an iron pin, found, the northeast corner of said Lot 13, same being the most southerly southeast corner of L.ot 44, Block A of the Woodlands of Township 11, an addition to the City of Denton as shown by plat recorded in Cabinet E. Slide 16, Plat Records of Denton County, Texas; Thence North 26 degrees 28 minutes 44 seconds East with the common line between said Lot 57 and said Lot 44 a distance of 139.20 feet to an iron pin for an angle corner of this tract; Thence North 08 degrees 59 minutes 15 seconds least a distance of 100.86 feet to an iron 13 EXHIBIT "A" 23 of 26 pin for an angle corner of this tract; Thence North 00 degrees 47 minutes 21 seconds West a distance of 326.87 feet to an iron pin in the south right -of -way of' Colorado Boulevard for the Northwest corner of the herein described tract; Thence Southeasterly with said right -of -way and a curve to the left having a radius of 592.49 feet (Chord bearing South 55 degrees 18 minutes 37 seconds East 151.95 feet) a distance of 152.37 feet to the end of said curve: Thence South 62 degrees 40 minutes 39 seconds East with the south eight -of -way line of Colorado Boulevard a distance of 339.48 feet to an iron pin at the southwest corner of the intersection of Colorado Boulevard and Valley Creek Road; "Thence with the west line of said Valley Creek Road, South 27 degrees 19 minutes 21 seconds West a distance of 80.00 feet to the northeast corner of Lot 1, Block A of said Oaks; Thence with the following (5) calls: North 62 degrees 40 minutes 39 seconds West 120.00 feet to the northwest corner of Lot I, South 27 degrees 19 minutes 21 seconds West 251.19 feet; South 15 degrees 00 minutes 49 seconds West 388.66 feet; South 32 degrees I I minutes 20 seconds East 36.80 feet; South 74 degrees 59 minutes 11 seconds East 103.00 feet to the southeast corner of L,ot 8 Block A, in the west line of Valley Creek Road; Thence South 15 degrees 00 minutes 49 seconds West with the west line of Valley Creek Road a distance of 50.00 feet to the northeast corner of Lot 9, .Block A; Thence with the following (5) calls; North 74 degrees 59 minutes 11. seconds West 105.00 feet to the northwest conger of Lot 9; South 32 degrees 50 minutes 21 seconds West 81.67 feet; South 15 degrees 00 minutes 49 seconds West 71.92 feet; South 05 degrees 46 minutes 36 seconds West 342.69 feet; South 02 degrees 23 minutes 04 seconds East 236.74 feet to an iron pin in the north right- of-way of San Gabriel Drive for an inner ell corner of this tract and the beginning of a 14 37:11:1IIiN_VI 24 of 26 curve to the right having a radius of 796.95 feet (chord bearing North 87 degrees 01 minutes 29 seconds West, 118.88 feet); Thence northwesterly with said right-of-way and said curve a distance of 118.89 feet to an iron pin, for the end of said curve; Thence northwesterly with said right-of-way and a curve having a radius of 1076.82 feet (Chord bearing North 79 degrees 14 minutes 50 seconds West 133.22 feet) a distance of 133.31 feet to an iron pin found in the east right -of -way of said Angelina Bend Drive, for the most westerly southwest corner of this tract; Thence North 17 degrees 37 minutes 33 seconds East with said east right -of -way a distance of 89.69 feet to an iron pin for the beginning of a curve to the left having a radius of 820.49 feet (Chord bearing North 10 degrees 46 minutes 42 seconds East, 190.98 feet); Thence northeasterly with said right -of -way and said curve a distance of 191.39 feet to Point of Beginning and containing 6.458 acres of land. Parcel 2 All that certain tract or parcel of land situated in the R.H. HOPKINS, Survey, Abstract No. 1694, City and County of Denton, Texas, and being part of "Township II, Phase 2 and recorded in Volume 11, Page 14. Plat Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at the southwest corner of Lot 56, Block A, of the OAKS OF TOWNSHIP lI, as recorded in Cabinet E, Page 13, Plat Records; THENCE north 0'1° 34'05" west with the west line of said Lot 56 a distance of 130.0 feet to a corner at the POINT OF BEGINNING; THENCE northwesterly with a curve to the right which has a central angle of' 08° 32'05" a radius of 856.9.5 feet to an arc distance of 127.65 feet to a corner at a point of curve on curve; THENCE northwesterly with a curve to the right which has a central angle of 07° 37' 02" a radius of 1086.82 feet and an arc distance of 144.487 feet to a corner; 15 EXHIBIT "A" 25 of 26 THENCE north 17° 37' 53" cast a distance of 60.09 feet to a corner; THENCE southeasterly with a curve to left which has a central angle of 07° 26' 20" a radius of 1026.82 feet and an arc distance of 133.315 feet to a point of curve on curve; THENCE southeasterly with a curve to the left which has a central angle of 08° 33' 17" a radius of 796.95 feet and an arc distance of 118.99 feet to a corner on the west line of said Lot 56; THENCE south 01° 18' 07" west with the west line of said Lot 56 a distance of 60.0 feet to the Point of Beginning and containing in all 0.361 acres of land Parcel 3 All that certain tract or parcel of land in the Mary Austin Survey, Abstract No. 4, and the R. H. Hopkins Survey, Abstract No. 1694, Denton County, Texas, being all of Lot 44, Block A of the Woodlands of "township 11, an addition to the City of Denton, as shown by plat recorded in Cabinet E, Slide 16, Plat Records, Denton County, Texas and being further described as follows: Commencing at a found iron pin the north right -of -way line of Piping Rock Lane, the southeast corner of Lot 15, Block E, Hopkins Hills Addition, re -plat, recorded in Cabinet A, Page 11.3, Plat Records, Denton County, Texas; Thence South 88 degrees 48 minutes 33 seconds .East with the north right- of-way line of Piping Rock Lane a distance of 215. 19 feet to a found iron pin at the northeast corner of the intersection of Piping Rock Lane and San Gabriel Drive; Thence South 01 degrees 32 minutes 04 seconds West with the east right -of -way line of San Gabriel Drive a distance of 50.0 feet to a found iron pin at the northwest corner of Lot I, Block E, Township I1 Phase I as shown by plat recorded in Volume 9, Page 38, Plat Records, Denton County, Texas; same point being the Point of Beginning of the herein described tract; Thence North 01 degrees 32 minutes 04 East with the west line of said Lot 44, a distance of 166.52 feet to a found iron pin for the northwest corner of said Lot 44; Thence South 88 degrees 29 minutes 18 seconds East with a north line of said Lot 44, a 16 f01:113iii/_M 26 of 26 distance of 509.58 feet to the southwest comer of I,ot 39, Block A of said Woodlands; Thence North 84 degrees 41 minutes 03 seconds East with a north line of said Lot 44 and the south line of said Lot 39 a distance of 80.57 feet to a found iron pin for the southeast corner of said Lot 39; Thence South 88 degrees 50 minutes 26 seconds East with a north line of said Lot 44 a distance of 552.80 feet to a found iron pin for the northeast corner of said Lot 44, same being the southeast corner of Lot 43, Block A of said Woodlands, same also being a common comer with Lot 57, Block A, the Oaks of Township II, as shown by plat recorded in Cabinet E, Slide 13. Plat Records, Denton County, Texas; Thence South 26 degrees 28 minutes 44 seconds West with the common line between said Lot 44 and Said Lot 57 a distance of 139.20 feet to a found iron pin for the most easterly southeast corner of said lot 44; Thence with the south line of Lot 44 and the north line of said Township I1 Phase I the following (6) calls; North 71 degrees 26 minutes 44 seconds West 67.90 feet to a found iron pin; North 83 degrees 33 minutes 43 seconds West 234,26 feet to a found iron pin; South 77 degrees 26 minutes 55 seconds West 239.99 feet to a found iron pin: South 80 degrees 30 minutes 1.2 seconds West 74.82 feet to a found iron pin; South 84 degrees 18 minutes 19 seconds West 145.88 feet to a found iron pin; North 88 degrees 54 minutes 13 seconds West 334.40 feet to the Point of Beginning and containing 3.384 acres of land. 17 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN Legislation Text File #: ID 15 -417, Version: 1 Agenda Information Sheet DEPARTMENT: Legal Department CM/ ACM: Anita Burgess, City Attorney Date: May 12, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an Interlocal Boundary and Extraterritorial Jurisdiction Contract between the City of Denton and the Town of Ponder; providing for severability, savings and an effective date. BACKGROUND The Council has been briefed on this item in previous status reports and briefings. OPTIONS 1. Approve the ordinance. 2. Deny the ordinance. EXHIBITS Exhibit 1 Ordinance and Contract Respectfully submitted: Anita Burgess City Attorney City of Denton Page 1 of 1 Printed on 5/7/2015 sAlegal\our docurnents\ordinances\1 5\ordinance-ponder interlocal boundary contract.doc 3111_I I f AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL BOUNDARY AND EXTRATERRITORIAL JURISDICTION CONTRACT BETWEEN THE CITY OF DENTON AND THE TOWN OF PONDER; PROVIDING FOR SEVERABILITY, SAVINGS AND AN EFFECTIVE DATE. WHEREAS, the growth of the City of Denton ("Denton") and the Town of Ponder ("Ponder") has, over time, caused their extraterritorial jurisdiction ("ETJ") to overlap in certain areas; and WHEREAS, this overlap can lead to various legal and practical problems, which the parties wish to address by means of an interlocal agreement; and WHEREAS, such an agreement, permitted under Texas Local Government Code §§ 42.023 and 43.021, would provide that each party would release to the other a certain portion of its claimed ETJ, and would further establish a boundary line for subsequent exercise of extraterritorial jurisdiction by the parties; and WHEREAS, it is anticipated that Ponder will, by ordinance, pass a counterpart to this Ordinance, approving this agreement as well; and WHEREAS, this Agreement is in the best interests of the citizens of the City of Denton, Texas; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are true, correct, and incorporated herein by reference. SECTION 2. The Interlocal Boundary and Extraterritorial Jurisdiction Contract between the City of Denton and the Town of Ponder, attached hereto as Exhibit "A" is hereby approved. The City Council authorizes the City Manager, or his designee, to enter into the Agreement on behalf of the City, once Ponder has likewise approved the Agreement. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. 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. sAlegahour documents\ordinances\15\ordinance-ponder interlocal boundary contract.doc SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY mm Page 2 s: \legal \our documents \contracts \15 \ponder etj agreement 5.doc INTERL,OCAL BOUNDARY AND EXTRATERRITORIAL, JURISDICTION CONTRACT BETWEEN THE CITY OF DENTON AND THE TOWN OF PONDER This Interlocal Boundary and Extraterritorial Jurisdiction Contract ( "Boundary Agreement "), effective as of the last date executed hereinbelow ( "Effective Date ") is between the City of Denton, Texas, a home -rule municipality located in Denton County, Texas ( "Denton "), and the Town of Ponder, Texas, a type A general -law municipality located in Denton County, Texas ( "Ponder ") each individually referred to as "city" and collectively referred to as the "cities" or "parties ", each acting by and through their duly authorized representatives. RECITALS WHEREAS, Denton and Ponder are municipalities in such proximity that their respective extraterritorial jurisdictions ( "ETJ ") overlap. Such an overlap is not legally permissible and could lead to practical difficulties and confusion for each city and its citizens, such as in the areas of land use regulation and annexation, absent this Boundary Agreement; and WHEREAS, In order to avoid any conflict or the unnecessary expense of potential litigation, Denton and Ponder have mutually agreed to release certain portions of their ETJs to each other, and to establish a boundary defining the manner in which each city's ETJ relates to the other ( "Boundary "); and WHEREAS, the cities further find and determine that it is necessary for the health, safety and welfare of their respective inhabitants to establish and confirm the Boundary as herein described; and WHEREAS, this Boundary Agreement is made under the authority of the cities operating under applicable law and as granted by and pursuant to Texas Local Government Code §§ 42.023 and 43.021 and the Texas Interlocal Cooperation Act, Article 791 of the Texas Government Code, as amended, providing for the cooperation between local government bodies; and WHEREAS, the cities have submitted to their respective governing bodies ordinances approving this Boundary Agreement, which establishes and confirms a Boundary of the ETJs of the respective cities as depicted in the boundary map attached as Exhibit "A" hereto and incorporated by reference herein. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Recitals incorporated. The Recitals are true and correct and are incorporated as part of this Boundary Agreement for all purposes. Page j of 4 2. Release of Denton ETJ. Denton releases that part of its claimed ETJ shown on the map attached and marked as Exhibit "A" ("Boundary Map"), as described in this section, for inclusion into Ponder's ETJ. The ETJ released by Denton is located on the south side of the dividing line depicted on the Boundary Map and more particularly described on Exhibit 1113" ("Boundary Line"). The portion of the ETJ released by Denton shall become part of Ponder's ETJ. 3. Release of Ponder ETJ. Ponder releases all of that part of its claimed ETJ shown on the map attached and marked as Exhibit "A" for inclusion into Denton's ETJ. The ETJ released by Ponder is located on the north side of the Boundary Line described in Exhibit "B". The portion of the ETJ released by Ponder shall become part of Denton's ETJ. 4. No Annexation. The Cities covenant and agree they will not attempt to annex any land made part of their respective ETJ by this Boundary Agreement without written consent of the other City, or extend their respective ETJ beyond the Boundary Line without written consent of the other City. Each City may otherwise expand its ETJ and Boundaries in accordance with State law. The cities covenant and agree that all prior annexations or actions by the cities in conflict with this Boundary Agreement are hereby rescinded, voided, and repealed to the extent of such conflict, and the cities relinquish any conflicting ETJ under Texas Local Government Code § 42.023, as amended. 5. Validation. The Cities covenant and agree to take such further steps as may be necessary under State law or their respective charters and ordinances to validate and memorialize this agreement by ordinance within sixty (60) days after the Effective Date. Upon ordinance approval by both cities, each city shall amend its official map to reflect and incorporate this agreed ETJ boundary, annotated with the ordinance numbers and dates of approval, and kept in the offices of each city's municipal clerk or secretary and municipal engineer (if any). Each city shall thereupon send certified copies of the ordinances and official maps reflecting the agreed ETJ Boundary to the Denton County Clerk for incorporation into the official county map records of Denton County, Texas. The failure of the cities or either one of them to adopt an official map or timely file such official map shall not hinder or impact the validity of this Boundary Agreement or the validity of the Boundary Line as established in this Boundary Agreement and shown on Exhibit "A". 6. No Show of Control. Ponder covenants and agrees that it will not attempt to assert any police powers or other governmental powers in the area of their released ETJ without Denton's written consent expressed by ordinance. 7. No Show of Control. Denton covenants and agrees that it will not attempt to assert any police powers or other governmental powers in the area of their released ETJ without Ponder's written consent expressed by ordinance. 8. Boundary Line. The cities acknowledge that the Boundary Line as described in Exhibit "B" and depicted in Exhibit "A" is not by metes and bounds and is an approximation. The Cities covenant and agree to determine and establish ETJs and boundary depicted on the Boundary Map along property lines and public roads and to use their best efforts to resolve issues relating Boundary Agreement between Denton and Ponder Page 2 of 4 to the fixing or setting of the exact location of the ETJs and boundary consistent with the Boundary Map. 9. Remedies. The cities agree that in the event of breach of this agreement, the City claiming the breach may pursue only injunctive relief and specific performance. The cities waive and release all other remedies, including claims to attorney's fees related to any claim or cause arising from the claimed breach. Non - binding mediation shall not be considered a remedy under the provisions of this Boundary agreement and may occur by the agreement of the parties or court order. 10. Severability. Should any provision of this agreement be declared void by a court of competent jurisdiction, the remaining provisions will remain in effect. The Boundary Agreement shall then be construed as if the invalid, illegal or unenforceable provisions had not been included herein and the respective governing bodies of each of the cities hereby declares that it would have passed and approved such remaining portions of this Boundary Agreement despite such invalidity which remaining portion shall remain in full force and effect. 11. Entire Agreement. This Boundary Agreement contains the entire agreement of the parties, and may be amended only by written agreement signed by both parties. 12. Third Party Beneficiaries. Nothing in this Boundary Agreement shall be construed to create any right in any person or entity not a signatory to this Boundary Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Boundary Agreement. 13. Immunity. Nothing in this Boundary Agreement shall be deemed a waiver of the governmental, sovereign, or official immunity afforded by law to the cities and their officers, officials, and agents either individually or collectively. This Boundary Agreement shall not be subject to the terms of Subchapter I of Texas Local Government Code, Chapter 271. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of , 2015. CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY 10-M Boundary Agreement between Denton and Pander Page 3 of 4 APPROVED AS TO LEGAL FORM: 0 19 ATTEST: HI-I M - PONDER, TEXAS Boundary Agreement between Denton and Ponder Page 4 of 4 10.14 :11603 1 Beginning at the Southwest comer of the Mial Scurlock Survey, Abstract Number 1141 and an inner ell comer of the John E. Anderson Survey, Abstract Number 22; Thence north with the centerline of Robson Ranch Road and the East line of the Anderson Survey to its most Northerly Northeast corner; Thence west along the centerline of Robson Ranch Road and the North line of the Anderson Survey to its Northwest comer in the middle of Florence Road; Thence north with the centerline of Florence Road, passing the Southeast comer of the A.M. Feltus Survey, Abstract Number 1286 in the middle of Blair Road, and continuing north passing the Southeast comer of the Fields Davis Survey, Abstract Number 371 in the middle of Seabom Road to a point where the centerline of Florence Road intersects with the centerline of H. Lively Road in the East line of the Davis Survey; Thence east with the centerline of H. Lively Road to the Southeast comer of a 100 acre tract described in that Warranty Deed dated September 28, 1949, from Robert W. Owens and wife, Frankie Owens, to M.T. Cole, recorded in Volume 364, Page 69 of the Real Property Records of Denton County, Texas; Thence north along the East line of the M.T. Cole 100 acre tract to the middle of FM 2449; Thence west along the centerline of FM 2449 to a point directly south of the Southeast comer of DCAD Property ID 64379; Thence north along the East line of DCAD Property ID 64379 and 64377 to the latter's Northeast comer and the Southeast comer of DCAD Property ID 64435; Thence west along the South line of DCAD Property ID 64435 to its Southwest comer; Thence north along the West line of DCAD Property ID 64435 to the Northeast corner of DCAD Property ID 45257; Thence west along the centerline of T.N. Skiles Road to the existing city limits of the Town of Ponder; Thence following the city limits of the Town of Ponder northeasterly, westerly and southwesterly to a point directly east of the Northeast comer of Horton Acres; Thence west passing the Northeast comer of Horton Acres and continuing along its North line to its Northwest comer in the East line of DCAD Property ID 186048; Thence north along the East line of DCAD Property ID 186048 to its Northeast comer and the most Northerly Southeast corner of DCAD Property ID 558611; Thence west along the North line of DCAD Property ID 186048 passing its Northwest comer, bisecting DCAD Property ID 558611, and continuing west passing the Northeast comer of DCAD Property ID 172243 and along its North line to its Northwest corner in the East line of DCAD Property ID 45193; Thence north with the East lines of DCAD Property ID 45193, 45217, 45218, 45186 and 45189 to the latter's Northeast corner and the Northwest corner of DCAD Property ID 45220; Thence west along the North line of DCAD Property ID 45189 to the city limits of the Town of Ponder in the middle of George Owens Road; Thence north-with said city limits and the centerline of George Owens Road to its intersection with the centerline of Knight Lane; Page 2 of 2 Thence west with said city limits and the centerline of Knight Road passing the point where the city limits turns south to a point directly north of the Northwest comer of DCAD Property ID 45178; Thence south along the West line of DCAD Property ID 45178 to the centerline of January Lane; Thence west along the centerline of January Lane and continuing west along the centerline of Schluter Road to the Northwest comer of the John McGowan Survey, Abstract Number 902 in the middle of a North South Road; Thence north with the centerline of the road to the Northeast comer of the Joseph T. Cook Survey, Abstract Number 305 in the middle of a road; Thence west with the centerline of Schluter Road along the North line of the Cook Survey to its Northwest comer and an inner ell comer of the J.W. Langley Survey, Abstract Number 782; Thence south continuing with the centerline of the road and the along the West line of the Cook Survey and the most Southerly East line of the Langley Survey to its most Southerly Southeast comer and the Northeast comer of the T. & P. RR. Co. Survey, Abstract Number 1296. Thence west continuing with the centerline of the road along the North line of the T. & P. RR. Co. Survey to the East line of the William E. King Survey, Abstract Number 708; Thence south with the East line of the King Survey passing the Northwest comer of the Reuben Vaughn Survey, Abstract Number 1314, to the Northeast corner of the Anderson Henry Survey, Abstract Number 527; Thence west along the North line of the Henry Survey to its Northwest comer and an inner ell comer of the Thomas Crainshaw Survey, Abstract Number 220; Thence south with the West line of the Henry Survey and the East line of the Crainshaw Survey to the Northeast corner of DCAD Property ID 75748; Thence west along the North line of DCAD Property ID 75748 and the South line of DCAD Property ID 64489 to the East line of the Joseph Humphries Survey, Abstract Number 513 in the middle of Deussen Road; Thence north with the centerline of Deussen Road to a point where the road turns west at the Northwest comer of DCAD Property ID 64312 and continuing west with the centerline of the road along the North line of DCAD Property ID 64312 and the South line of DCAD Property ID 64311 to the Denton/Wise County Line. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -420, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: George C. Campbell Date: May 12, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and the Denton Parks Foundation to assist with the costs of seating in Quakertown Park; providing for the expenditure of funds; and providing for an effective date. ($1,200) BACKGROUND This agreement allows for the total expenditure of $1,200 from Mayor Pro Tem Jim Engelbrecht's Council Contingency Funds. Key provisions of the agreement include: • Funds shall be used by the Organization towards the cost of seating in Quakertown Park. • In addition to other reporting requirements, documentation in the form of cancelled checks and /or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from Council contingency fund accounts. FYUIRITC 1. Ordinance 2. Agreement Respectfully submitted: George C. Campbell City Manager Prepared by: City of Denton Page 1 of 2 Printed on 5/7/2015 File M ID 15 -420, Version: 1 Linda Holley Senior Executive Assistant City of Denton Page 2 of 2 Printed on 5/7/2015 h rwm d by I cx:ls i''I sAlegahour documents \ordinancesUMordinance ®parks foundation.doc ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON PARKS FOUNDATION TO ASSIST WITH THE COSTS OF SEATING IN QUAKERTOWN PARK; PROVIDING FOR 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 Denton Parks Foundation for the purpose of assisting with the costs of seating in Quakertown Park 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 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 Service Agreement, including the expenditure of funds as provided in the Agreement. ION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _ , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY M. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: p " � .:.......... ..m,�.m,.. „w sAlegal\our documents \contracts \I5 \sery agr denton parks foundatiomdoc SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON PARKS FOUNDATION This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City ", and Denton Parks Foundation, a Texas Non - Profit Corporation, hereinafter referred to as "Denton Parks Foundation ": WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; 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 Denton Parks Foundation shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: The funds being provided shall be used by Denton Parks Foundation to assist with the costs of seating in Quakertown Park. II. OBLIGATIONS OF DENTON PARKS FOUNDATION In consideration of the receipt of funds from City, Denton Parks Foundation agrees to the following terms and conditions: A. One Thousand Two Hundred Dollars and no /100 ($1,200.00) shall be paid to Denton Parks Foundation by City to be utilized for the purposes set forth in Article I. B. Denton Parks Foundation will maintain adequate records to establish that the City funds are used for the purposes authorized by this Agreement. C. Denton Parks Foundation will permit authorized officials of City to review its books at any time. D. Upon request, Denton Parks Foundation will provide to City its By Laws and any of its rules and regulations that may be relevant to this Agreement. E. Denton Parks Foundation will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. Denton Parks Foundation will appoint a representative who will be available to meet with City officials when requested. G. Denton Parks Foundation will submit to City copies of year -end audited financial statements. III. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: The term of this Agreement shall commence on the effective date and terminate September 30, 2015 unless the contract is sooner terminated under Section VII "Suspension or Termination ". IV. PAYMENTS A. PAYMENTS TO DENTON PARKS FOUNDATION. City shall pay to Denton Parks Foundation the sum specified in Article II after the effective date of this Agreement. B. EXCESS PAYMENT. Denton Parks Foundation shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Denton Parks Foundation; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. V. EVALUATION Denton Parks Foundation agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Denton Parks Foundation agrees to make available its financial records for review by City at City's discretion. In addition, Denton Parks Foundation agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. Denton Parks Foundation shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. An explanation of any major changes in program services. D. To comply with this section, Denton Parks Foundation agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the Page 2 of 7 services performed under this Agreement. The record system of Denton Parks Foundation shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Denton Parks Foundation agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. E. Nothing in the above subsections shall be construed to relieve Denton Parks Foundation of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, Denton Parks Foundation shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof wherein this program is a part of the subject matter of the meeting. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Denton Parks Foundation understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Denton Parks Foundation' 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 Denton Parks Foundation violates any covenants, agreements, or guarantees of this Agreement, the Denton Parks Foundation's insolvency or filing of bankruptcy, dissolution, or receivership, or the Denton Parks Foundation' 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 WITH LAWS A. Denton Parks Foundation shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Denton Parks Foundation 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 non - compliance by Denton Parks Foundation with the non - discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Denton Parks Foundation may be barred from further contracts with City. Page 3 of 7 IX. WARRANTIES Denton Parks Foundation represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Denton Parks Foundation 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 Denton Parks Foundation. C. No litigation or legal proceedings are presently pending or threatened against Denton Parks Foundation. D. None of the provisions herein contravenes or is in conflict with the authority under which Denton Parks Foundation is doing business or with the provisions of any existing indenture or agreement of Denton Parks Foundation. E. Denton Parks Foundation 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 Denton Parks Foundation are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Denton Parks Foundation to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. Page 4 of 7 C. Denton Parks Foundation shall notify City of any changes in personnel or governing board composition. XI. INDEMNIFICATION To the extent authorized by law, the Denton Parks Foundation 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 Denton Parks Foundation or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of Denton Parks Foundation, its officers, employees, agents, subcontractors, licensees and invitees. XII. CONFLICT OF INTEREST A. Denton Parks Foundation 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. Denton Parks Foundation further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Denton Parks Foundation further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his /her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself /herself, or others; particularly those with which he /she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or 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 association in which he has direct or indirect interest. XIII. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, or via hand - delivery or facsimile, addressed to Denton Parks Foundation or City, as the case may be, at the following addresses: Page 5 of 7 CITY City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Fax No. 940.349.8591 DENTON PARKS FOUNDATION Molly Tampke Denton Parks Foundation 601 E. Hickory, Suite B Denton, TX 76201 Fax No. 940.349.8166 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. Denton Parks Foundation shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Denton Parks Foundation hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement 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 Denton Parks Foundation. 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. Page 6 of 7 IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the _. day of ..............�.�. — ...... , 2015. GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: .4- ATTEST: BY: BOARD SECRETARY Page 7 of 7 DENTON PARKS FOUNDATION BY: ..n.. .. -. EXECUTIVE DIRECTOR City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 1'&IM111iffidrith w ww.cityofdenton.com D EN'FON File #: ID 15 -421, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Legal Department CM/ ACM: Anita Burgess, City Attorney Date: May 12, 2015 SUBJECT Consider approval of a resolution of the City of Denton, Texas ( "City "), approving a change in the rates of Atmos Energy Corporation, Mid -Tex Division ( "Atmos ") as a result of a settlement between Atmos and the Atmos Texas Municipalities ( "ATM ") under the rate review mechanism; finding the rates set by the attached tariffs to be just and reasonable; finding that the meeting complied with the Open Meetings Act; declaring an effective date; and requiring delivery of the resolution to the company and legal counsel. BACKGROUND The City is a member of the Atmos Texas Municipalities (ATM). The ATM group was organized by a number of municipalities served by Atmos and has been represented by the law firm of Herrera & Boyle, PLLC (through Mr. Alfred R. Herrera). ATM also retained the services of a consulting firm, Utilitech, Inc. (Mr. Mike Brosch and Mr. Steve Carver) to assist in reviewing an application submitted by the Atmos Energy- Mid -Tex Division ( Atmos) that seeks to increase its rates and change its rates. Herrera & Boyle, PLLC and Utilitech, Inc. have participated in prior rate cases involving Atmos and have extensive knowledge and experience in rate matters affecting Atmos' rates, operations, and services. HISTORY OF PRIOR RATE INCREASES Increase Under Previous Version of RRM (Approved October 2010) On March 15, 2010, Atmos requested an increase of $70.1 million in its system -wide rates. ATM and Atmos settled on an increase of $27 million for prospective rates. Increase Under Previous Version of RRM (Approved September 2011) On April 1, 2011, Atmos filed a request to increase rates system -wide by $15.6 million. ATM and Atmos agreed to not increase base rates and permitted Atmos to recover $6.6 million for the steel pipe replacement program. General Rate Case (Approved December 2012) In January 2012, Atmos sought an increase of about $49.1 million. Ultimately, the ATM cities and Atmos were not able to reach agreement on an increase and Atmos filed an appeal to the Railroad Commission of Texas. The Railroad Commission approved an increase of about $24.1 million, representing an increase in revenue of about 7 %. Increase Under Current RRM (July 2013) City of Denton Page 1 of 5 Printed on 5/7/2015 File #: ID 15 -421, Version: 1 In the summer of 2013, Atmos and ATM entered into an agreement that approved a revised Rate Review Mechanism (RRM). The RRM approved in the summer of 2013 is the third iteration of that rate - setting mechanism. On about July 15, 2013, Atmos submitted a request to increase rates under the current RRM. Atmos requested an increase in rates on a system -wide basis of $22.7 million, which is an increase of about 5 %. Following a series of settlement negotiations between Atmos' experts and ATM's experts, Atmos agreed to an increase of $16.6 million, an increase in revenue of about 3.7 %. Prior Increase Under the RRM (June 2014) - Atmos Filed Appeal With the Railroad Commission - Gas Utility Docket (GUD) No. 10359: On about February 28, 2014, Atmos filed its second request to increase rates under the current iteration of the RRM (the "2014 RRM ") and requested a system -wide increase of about $45.6 million (9.2% increase in revenue). ATM's consultants' preliminary assessment indicated that Atmos warranted at most an increase of $26.6 million. A settlement was not reached, the ATM cities denied Atmos' proposed increase, and Atmos appealed ATM's denial of its revenue increase to the Railroad Commission. On appeal Atmos revised its request downward from $45.6 million to $43.8 million. Atmos implemented the full rates on June 1, 2014, subject to refund. The Commission held a hearing on September 3, 2014, and did not issue the hearing examiner's proposal for decision ( "PFD ") until last week on April 28, 2015. The hearing examiner proposed an increase of $42.9 million, that is, only about $860,000 less than Atmos requested. 2015 RRM APPLICATION UNDER THE CURRENT RATE REVIEW MECHANISM On February 27, 2015, Atmos submitted an application under the current RRM seeking a system -wide rate increase of $28.7 million ( "2015 RRM "), which equates to an increase of about 5.6 %. After review of Atmos' application, and of the Railroad Commission's proposal for decision in GUD No. 10359 (as is explained in more detail below), ATM's Special Counsel and ATM's consultant, Utilitech, Inc., concluded Atmos merited an increase of no more than about $9.1 million ( "Report"). However, ATM's consultants completed that report without the benefit of the Commission's PFD for the 2014 RRM. ATM's Special Counsel and consultants had hoped to have direction from the Commission on many of the disputes that arose in the 2014 RRM resolved so as to inform their analysis of Atmos' 2015 RRM. If the Commission adopts the PFD for the 2014 RRM, which is the most likely scenario, many of the recommendations supported by ATM will be eliminated or modified. Therefore, ATM's Special Counsel and consultants' preliminary findings of a $9.1 million increase, would have to be adjusted to accommodate the PFD issued in the 2014 RRM and would produce an increase closer to about $23 million. OPTIONS Option 1. To deny Atmos' requested increase under the 2015 RRM and approve no increase; Option 2. To deny Atmos' requested increase and approve an increase of no more than $9.1 million for its 2015 RRM, based on ATM's consultants' preliminary report; Option 3. To take no action and allow Atmos' proposed increase of $23.9 million in the affected cities and its related rates to go into effect; or NOTE: If the City elects Option 1, Option 2, or Option 3, the City would also have to continue its participation in the appeal pending at the Railroad Commission in GUD No. 10359 and incur its attendant costs. Option 4. To approve a settlement agreement that resolves the 2014 RRM and the 2015 RRM, which combined results in an increase in rates above 2013 revenues of $65.7 million. Note that under Option 1 and Option 2, Atmos has the right to appeal the ATM cities' decisions to the Railroad Commission of Texas and pending such an appeal has the right to implement its proposed increase of $23.9 million effective June 1, 2015, subject to refund if the Commission's review later finds a lower amount is appropriate. Atmos has notified ATM's Special Counsel of Atmos' intent to file an appeal of the City's decision to deny its requested increase. In an appeal to the Commission, Atmos would in all likelihood argue that the costs of appeal should be borne by only the ATM cities. Given the Commission's tendency to err in favor of utilities, Atmos would likely prevail. An appeal would increase the burden on ratepayers by adding rate case expenses, which would include both ATM's and Atmos' costs of preparing and prosecuting the appeal, City of Denton Page 2 of 5 Printed on 5/7/2015 File #: ID 15 -421, Version: 1 and the costs of a hearing. RECOMMENDATION After a series of negotiations with Atmos, and given the significant downside of continued litigation of this matter, ATM's Special Counsel recommends resolving both the 2014 RRM and 2015 RRM in a single settlement agreement. Continued efforts at the Commission with regard to the 2014 RRM will result in more rate case expenses and are unlikely to result in any material changes to the PFD in favor of ATM. Also, because the Commission issued the PFD regarding the 2014 RRM at such a late date, it undermined ATM's consultants' ability to incorporate the proposed decisions regarding the 2014 RRM, into their 2015 RRM report. If the ATM rejects Atmos' settlement offer, Atmos would appeal the cities' decision to the Railroad Commission. While there are a number of contested issues whose outcome are uncertain in an appeal, based on the Proposal for Decision regarding Atmos' 2014 RRM, ATM's Special Counsel and consultants are of the opinion that the Railroad Commission would reach the same results its hearing examiner reached in regarding the 2014 RRM. That is, the probability is high that on appeal the Railroad Commission would award Atmos all or most of its 2015 RRM request, $23.9 million, as well as $42.9 million of its 2014 RRM request. At part of the settlement of Atmos' 2014 and 2015 RRMs, Atmos will dismiss its appeal of the 2014 RRM and will not seek recovery of RRM rate case expenses. Therefore, because of the risks of an unfavorable outcome at the Railroad Commission, ATM's special counsel advises the ATM cities to accept a settlement increasing rates by about $21.87 million over the current, interim rates Atmos is charging. Because the current rates Atmos is charging have not been approved by either the cities or the Railroad Commission, the City's action in effect would be to approve an increase for the 2014 RRM and the 2015 RRM of about $65.7 million over Atmos' 2013 proposed revenues. The combined increases for the 2014 RRM and 2015 RRM are shown below: 2014 RRM System Wide 2014 RRM Fled City Amount $4 5, 73 2, 83 Adjustments (1,913,950) 2014 RRM Filed Appeal Amount 43 ,8 18 ,8 88 Adjustments: CC 1205 (27,748) AtmoSpirit and Service Awards (196,741) Depreciation on Disallowed Projects (349,906) Incentive Compensation to Achieved payout of 150% (84,555) Flow Through effect of incentive adjustment (6) ADIT NOL Correction (36,545) Other Revenue: Forfeited Discount (122,668) Flow through effects of above adjustments (42,088) City of Denton Page 3 of 5 Printed on 5/7/2015 File #: ID 15 -421, Version: 1 PFD Amount 2015 RRM System Wide 2015 RRM Fled City Amount (adjusted as noted) 2014 Rate Case Expense 2015 RRM Fled Amount Downward Adjustments: Billing Determinant Adjustment AtmoSpirit and Service Awards Depreciation on Disallowed Projects Refund from Appeal Correction from ATM RFI 1 -26 and ATM RFI 5 -10 Correction from ACSC RFI 3 -01 and ACSC RFI 3 -02 2015 RRM Adjusted Total Increase in Base $4 2, 95 8, 63 1 $2 8, 67 3, 72 4 799,651 29 ,4 73 ,3 75 (4,632, 888) (93,977) (371,598) (860,257) (1,525,993) (115,499) $2 1, 87 3, 16 3 Rates for 2014 RRM $6 and 2015 RRM 5, 69 2, 05 1 City of Denton Page 4 of 5 Printed on 5/7/2015 File M ID 15 -421, Version: 1 If the City approves the increase of about $21.87 million over the rates Atmos is currently charging related to the 2015 RRM, this represents an increase of about 4% and the impact on an average customer's bill would be as follows: Customer Class Current Bill Proposed Bill Difference % Increase with Gas Cost % Increase without Gas Cost Residential $71.48 $72.62 $1.14 1.59% 4.45% Commercial $280.04 $282.73 $2.69 0.96% 4.01% Industrial $1,082.55 $1113.37 $30.82 2.85% 3.66% Transportation $909.36 $940.17 $30.81 3.39% 3.70% The rate schedules to accomplish the increase are attached to the Resolution approving the increase. EXHIBITS 1. Resolution 2. Attachment A 3. Attachment B 4. Attachment C Respectfully submitted: Anita Burgess City Attorney Prepared by: Charleta Gilbreath Administrative Assistant III City of Denton Page 5 of 5 Printed on 5/7/2015 A RESOLUTION BY THE CITY OF DENTON, TEXAS ( "CITY "), APPROVING A CHANGE IN THE RATES OF ATMOS ENERGY CORPORATION, MID -TEX DIVISION ( "ATMOS ") AS A RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS MUNICIPALITIES ( "ATM ") UNDER THE RATE REVIEW MECHANISM; FINDING THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THE RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of Denton, Texas ( "City ") is a regulatory authority under the Gas Utility Regulatory Act ( "GURA ") and under § 103.001 of GURA has exclusive original jurisdiction over Atmos Energy Corporation -- Mid. -Tex Division ( "Atmos '.) rates, operations, and service of a gas utility within the municipality; and WHEREAS, the City has participated in prior cases regarding Atmos as part of a coalition of cities known as the Atmos Texas Municipalities ( "ATM "); and WHEREAS, pursuant to the Rate Review Mechanism ( "RRM ") for 2015 filed with the City on or around February 27, 2015 for a proposed system -wide increase of $28.7 million; and WHEREAS, experts representing ATM have been analyzing data furnished by Atmos and interviewing Atmos' management regarding the RRM; and WHEREAS, in May 2015, ATM and Atmos entered into a Settlement Agreement which resolved the 2014 RRM and 2015 RRM; and WHEREAS, the settlement agreement permits Atmos to implement an increase of $21.87 million increase over the current interim rates Atmos is charging, which when combined with the increase under the 2014 RRM produces an increase of $65.7 million increase over Atmos' 2013 revenues; and WHEREAS, as part of the settlement agreement, Atmos will dismiss its pending appeal at the Railroad Commission of Texas, Atmos will not seek to recover rate case expenses over and above the agreed rate increase; and WHEREAS, the Steering Committee of ATM and its counsel recommend approval of the attached tariffs, set forth as Attachment A along with the proof of revenues set forth as Attachment B and approval of Attachment C; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The findings set forth in this Resolution are hereby in all things approved. SECTION 2. The amended tariffs in Attachment A are hereby adopted to become effective on June 1, 2015. SECTION 3. To the extent any Resolution previously adopted by the City Council is inconsistent with this Resolution, it is hereby superseded. SECTION 4. The meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 5. If any one or more sections or clauses of this Resolution is judged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. SECTION 6. This Resolution shall become effective from and after its passage. SECTION 7. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of Christopher Felan, Vice President of Rates and Regulatory Affairs, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240 and to Mr. Alfred R. Herrera, Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701. ATTEST: JENNIFER WALTERS, CITY SECRETARY M APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 2 CHRIS WATTS, MAYOR Attachment A MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE: R— RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/0112015 PAGE: Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: aim Amount T Customer Charge per Bill $ 18.60 per month Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $ 18.62 per month Commodity Charge — All Ccf $0.09931 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s) Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE - Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2014, lip MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE: R - RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06101/2016 PAGE: MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: C — COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06101/2016 PAGE: Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customers monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: X arge Customer Charge per Bill $ 40,00 per month Rider CEE Surcharge $ 0.00 per month' Total Customer Charge $ 40.00 per month Commodity Charge — All Ccf $ 0.08020 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment.- Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s) Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 1 Reference Rider CEE - Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2014. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 —[PAGE: Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), 'respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s) Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level, of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 0610112016 —PAGE: Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate 1, Customer must have the type of meter required by Company Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2015 PAGE: Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. MID-TEX DIVISION RRC: Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Plafts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions, In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA —WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11101/2016 PAGE: Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (131-i + (HSFi x ADD) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA; = WNAFi x qij Where qij is the relevant sales quantity for the jth customer in ith rate schedule. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA — WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/0112016 PAGE: Base Use/Heat Use Factors Weather Normalization Adiustment (WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and a Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf1HDQ Abilene 10.22, 0.1404 98.80 0.6372 Austin 11.59 0.1443 213.62 0.7922 Dallas 14.12 0.2000 208.11 0.9085 Waco 9.74 0,1387 130.27 0.6351 Wichita 11.79 0.1476 122.35 0.5772 Falls Weather Normalization Adiustment (WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: S15 -0001, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM /ACM: Jon Fortune DATE: May 12, 2015 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit for Multifamily Dwellings in a Regional Center Commercial Downtown (RCC -D) zoning district and use classification. The approximately 6.93 acre site is generally located 605 feet west of South I -35E and 540 feet north of Wind River Lane; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (S15-0001). The Planning and Zoning Commission recommended approval of this request (7 -0), subject to conditions. BACKGROUND The applicant, Mark Martin, is requesting approval of a Specific Use Permit (SUP) to develop a 6.93 acres site with a multi - family development and secondary office, retail and restaurant uses in the Regional Center Commercial Downtown (RCC -D) zoning district. The proposed development would comprise of four 3 -story buildings with 227 multi - family units and 10,687 square feet dedicated to office, retail, and restaurant uses adjacent to the Unicorn Lake area. The entire development would total 79,083 square feet of building footprint. Multi - family dwellings are permitted in RCC -D with the approval of an SUP and the ancillary uses are permitted by right. Staff has analyzed the proposal and has determined that it conforms to the conditions for approval set forth in Section 35.6.4 of the Denton Development Code (DDC), is compatible with the adjacent land uses, and meets the goals of the Denton Plan 2030. The proposal will be compatible with the surrounding developments. While much of the adjacent area to the north, west, and east of the property remains undeveloped, most of the abutting properties are zoned RCC -D. The area immediately south of the subject property has developed with office, entertainment, and restaurant uses. Development along Unicorn Lake Boulevard is comprised of medical office, general office, restaurant, hotel, and multi - family. Although the subject property does not abut the single family developments to the west and south, it should be noted that access to the property will only be from Wind River Lane and South I -35E, and will not have a traffic impact on the neighborhood streets. The Denton Plan 2030 designates the subject property and the surrounding area, including the undeveloped City of Denton Page 1 of 3 Printed on 5/7/2015 File #: S15 -0001, Version: 1 parcels to the north and west, as Regional Mixed Use. The intent of the designation is to encourage a mix of uses and higher densities to create an urban, vibrant, and walkable area. Additional high - density housing will increase the number of residents living in the area, thus enhancing the residential component of the Regional Mixed Use designation. A thorough analysis of the proposed land use and associated site plan details is reflected in the Staff Analysis. To comply with public hearing notice requirements, 13 public hearing notices were mailed to property owners within 200 feet of the subject property. In addition, 25 courtesy notices to physical addresses within 500 feet of the subject property were also mailed. A notice was published in the Denton Record Chronicle and signs were placed on the property. As of the writing of this staff report, staff has received two responses in favor and one response in opposition to the SUP request. Staff recommended that the applicant host a neighborhood meeting, however no neighborhood meeting was held. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (7 -0), subject to the following conditions: 1. The development must substantially conform to the proposed site plan and landscape plan with the following additions: • Street trees shall be installed in accordance with Section 35.13.7.C.3 of the Denton Development Code along the north/south access drive on the east property line. • A minimum of five bicycle racks shall be installed throughout the subject property. • A sidewalk shall be installed from the subject property to the undeveloped property to the west to provide for future pedestrian connection. 2. The development must substantially conform to the proposed elevations. The Development Review Committee recommends approval of this request, with the following conditions: 1. The development must substantially conform to the proposed site plan and landscape plan. 2. The development must substantially conform to the proposed elevations. City of Denton Page 2 of 3 Printed on 5/7/2015 File #: S15 -0001, Version: 1 ESTIMATED SCHEDULE OF PROJECT Not Applicable PRIOR ACTION/REVIEW (Council, Boards, Commissions) On May 6, 2015, the Planning and Zoning Commission recommended approval of S 15 -0001 by a vote of 7 -0. FISCAL INFORMATION Not Applicable BID INFORMATION Not Applicable EXHIBITS 1. Staff Analysis 2. Site Location/Aerial Map 3. Zoning Map 4. Future Land Use Map 5. Proposed Site Plan 6. Proposed Landscape Plan 7. Public Notification Map and Community Responses 8. Project Narrative 9. Site Photos 10. Draft Ordinance Respectfully submitted: Aimee Bissett Interim Director, Planning and Development Prepared by: Julie Wyatt Assistant Planner City of Denton Page 3 of 3 Printed on 5/7/2015 PLANNING AND ZONING COMMISSION STAFF REPORT 515 -0001 — ELK SPRINGS TO: Planning and Zoning Commission DATE: May 6, 2015 CASE MANAGER: Julie Wyatt, (940) 349 -8585 SUBJECT: Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) for Multi - Family Dwellings. The approximately 6.93 acre site is generally located approximately 605 feet west of South I -35E and approximately 540 feet north of Wind River Lane. The subject property is located within a Regional Center Commercial Downtown (RCC -D) zoning district. APPROVAL PROCESS: A public hearing will be held at the Planning and Zoning Commission meeting, and the recommendation of the Commission will be forwarded to the City Council for an additional public hearing tentatively scheduled for final action at the May 12, 2015 meeting. Vicinity Map: Subject Property Existing Site Photo: _10 QUAIL CREEK �'b WIND RIVER. m � i 0 LOOK LAKE yy Z 515 -0001 (Elk Springs) Prepared By: Julie Wyatt Page I of 8 car l YV DENTON City of Denton Planning and Zoning Commission May 6, 2015 Specific Use Permit Request Project Number: S15-0001 Applicant: Mark Martin Property Owner: Elk River Real Estate ITEM SUMMARY: The applicant, Mark Martin, is requesting approval of a Specific Use Permit (SUP) to construct a multi - family development with secondary office, retail and restaurant uses in the Regional Center Commercial Downtown (RCC -D) zoning district. PROPOSAL: The proposed development would comprise of the following: ➢ Four 3 -story apartment buildings containing 227 units totaling 79,083 square feet of building footprint ➢ Three secondary office, retail and restaurant uses are proposed in Building 1 on the ground floor totaling 10, 687 square feet The proposed multi - family use is permitted with approval of an SUP and the secondary uses are permitted by right. The applicant has submitted a site, landscape and elevations plan which are in compliance with the requirements stipulated by the DDC as it relates to the siting, landscaping and building materials. It should also be taken into consideration the applicant requested and was granted a parking reduction from 405 required spaces to 368 places, totaling 37 spaces, in accordance with Section 35.14.7 of the DDC. The applicant has demonstrated that the peak parking demands for office, retail, and restaurant uses are offset from the multi - family use. Specifically, the highest peak parking demands for the office, retail, and restaurant uses will occur primarily during the weekday and early evening hours when the peak parking demands of the multi - family use will be the lowest. An Alternative Buffer has been approved for the proposed development along the south property line. Section 35.13.8 of the DDC requires 15 -foot landscaped buffer between the proposed multi- family use and the adjacent commercial use in order to mitigate potential nuisances such as noise, light, glare, dirt, litter, signs, parking or storage areas. However, given that the area is a mixed -use district and nuisances between a multi - family use and a commercial use are minimal, the applicant requested to reduce the buffer to a 5 -foot planted strip with enhanced pedestrian crossings. The reduced buffer decreases the separation between the uses to allow for more 515 -0001 (Elk Springs) Prepared By: Julie Wyatt Page 2 of 8 < rr l YV DENTON City of Denton Planning and Zoning Commission May 6, 2015 Specific Use Permit Request Project Number: S15-0001 Applicant: Mark Martin Property Owner: Elk River Real Estate compact, pedestrian- oriented development. Consequently, an Alternative Buffer reducing the 15- foot planted strip to a five -foot planted strip and additional enhanced pedestrian crossings has been approved. CONFORMANCE TO THE COMPREHENSIVE PLAN: Comprehensive Plan Goals and Objectives: The Future Land Use designation is Regional Mixed Use. Regional Mixed -Use development may include "moderate and high- density residential, commercial, office, entertainment and other uses except industrial, at the highest levels of scale and density within the City." The development standards are intended to create the "walkable urban character and day and nighttime activity of an urban center." Allowable uses may include national retailers, employment, restaurants and entertainment venues, and high - density housing. Impact on Infrastructure: Based on the Engineering DRC team, the site has adequate capacity on surrounding road network to accommodate the potential vehicle trips associated with the proposed development. Any future impacts on public infrastructure will be further evaluated during the platting stage of the subject property, prior to construction of any improvements on the subject property. Impact on Public Facilities /Services: Any impacts on public facilities /services will be addressed during the platting stage of the subject property. 0 Compatibility with Existing and Potential Adjacent Land Uses: Northwest: RCC -D Undeveloped North: RCC -D Undeveloped Northeast: RCR -1 Indoor Recreation/Retail West: Subject Property: East: RCC -D RCC -D RCC -D Undeveloped Undeveloped Undeveloped Southwest: South: Southeast: RCC -D RCC -D RCC -D Office Movie Theater Restaurant/Services The subject property is zoned RCC -D, which was established by the 2002 city -wide rezoning. The intent of RCC -D zoning category is to create centers of activity including shopping, services, recreation, employment and institutional facilities supported by the entire region. The surrounding area is characterized by a mix of uses, including entertainment, commercial, single - family residential, and moderate - density residential. S15 -0001 (Elk Springs) Prepared By: Julie Wyatt Page 3 of 8 czr l YV DENTON City of Denton Planning and Zoning Commission May 6, 2015 Specific Use Permit Request Project Number: S15-0001 Applicant: Mark Martin Property Owner: Elk River Real Estate While much of the adjacent area to the north, west, and east of the property remains undeveloped, it has the same zoning designation of RCC -D. The area immediately south of the subject property has developed with office, entertainment, and restaurant uses. Development along Unicorn Lake Boulevard is comprised of medical office, general office, restaurant, hotel, and multifamily uses. Although the subject property does not abut the single family development to the west and south, it should be noted that access to the property will only be from Wind River Lane and South I- 35E, and will not have a traffic impact on the neighborhood streets. STAFF ANALYSIS: Section 35.5.5.1 of the DDC outlines the permitted uses in RCC -D. Multi - family dwellings are permitted with an SUP or as part of a mixed use development. The proposed ancillary uses are permitted by right; however, the square footage and location dedicated to those uses will be tied to the SUP as part of the site plan. Pursuant to Section 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms, or can be made to conform through the imposition of conditions, with all standards within the RCC - D zoning district for Multi - Family Dwellings. Additionally, the use must also be in conformance with The Denton Plan 2030. Per Section of the DDC, a SUP shall be issued if it meets the following conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The proposed SUP will not be injurious to the use and enjoyment of other property within the vicinity of the site. The adjacent Unicorn Lake area is an urban, mixed -use district in which uses range from single- family and multi - family residential to commercial and office. The addition of the proposed multi - family development will be complementary to the adjacent commercial uses. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The surrounding vacant property is zoned RCC -D and is intended to develop with compatible uses. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The Engineering DRC team has reviewed the proposed project and has determined that access to the site is sufficient to accommodate the proposed use. Any future impacts on public 515 -0001 (Elk Springs) Prepared By: Julie Wyatt Page 4 of 8 c rr l YV DENTON City of Denton Planning and Zoning Commission May 6, 2015 Specific Use Permit Request Project Number: S15-0001 Applicant: Mark Martin Property Owner: Elk River Real Estate infrastructure or public facilities and services will be addressed during the platting stage of the subject property, prior to construction of any improvements. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Vehicles from the parking areas will access Wind River Lane and South I -35E via public access easements shared by the adjacent commercial developments. The applicant has provided adequate sidewalks and crosswalks to ensure safe pedestrian travel within the proposed development and crossing into adjacent properties. Furthermore, the locations of the parking areas are dispersed throughout the development, avoiding a massive parking lot that can be visually unpleasant and unsafe for pedestrians. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The proposed development will be residential in nature, and therefore will not create a negative impact. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and The proposed development shall meet the requirements for light and glare outlined in the DDC and will be addressed at the time of Building Permit plan review. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. An Alternative Buffer has been granted for the south property line of the subject property line, reducing the required 15 -foot planted strip to a five -foot planted strip. Within the buffer, the applicant is required to plant 3 deciduous trees and 25 low - growth shrubs per 100 linear feet and enhance the pedestrian crossings between the commercial development to the south and the proposed multi - family dwellings. The proposed pedestrian amenities and reduced buffer width will encourage walking from the multi - family development to the surrounding commercial, entertainment, and restaurant uses, providing a more compact and walkable district. Although no buffers are required on the west property line, the parking area will be screened from the adjacent undeveloped property with new tree plantings. C. That adequate capacity of infrastructure can and will be provided to and through the subject property. 515 -0001 (Elk Springs) Prepared By: Julie Wyatt Page 5 of 8 c rr l YV DENTON City of Denton Planning and Zoning Commission May 6, 2015 Specific Use Permit Request Project Number: S15-0001 Applicant: Mark Martin Property Owner: Elk River Real Estate The applicant will be required to install adequate water and sewer mains from the south property line to the north property line of the site as part of the development. All proposed infrastructure must comply with the requirements of the DDC and engineering Criteria Manuals. D. That the Special Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. The applicant proposes four, three -story structures for a total of 79,083 square feet of building footprint. The size of each structure will vary; however, the buildings will be sited to break up the mass and provide pedestrian connections. The development is similar in size and bulk to existing multi - family and commercial uses within Unicorn Lake, and therefore does not create an adverse impact to the surrounding area. The surrounding area includes a movie theater, retail, restaurants, a three -story apartment building, a four -story hotel, and a four -story elderly housing development. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. The surrounding street network has adequate capacity to accommodate the proposed use, and the subject property's location in a pedestrian- oriented development and near transit provides opportunities to increase pedestrian, bicycle, and mass transit use. Transit provided by DCTA Connect Route 1 is available within close walking distance to the subject property. Service is available on weekdays and Saturdays and provides an opportunity for residents to access downtown, the universities, and shopping. The applicant proposes pedestrian amenities such as crosswalks, lighting, and sidewalks to encourage walking from the multi - family development to the movie theater, retail, restaurant, and office uses. 3. Architectural compatibility with the impact area. Based upon the elevations provided by the applicant, the proposed development will include brick and stone accents as compatible architectural features. The proposed elevations are in compliance with the building material requirements of the DDC. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. The proposed development will be residential in nature, and therefore will not create a negative impact. 515 -0001 (Elk Springs) Prepared By: Julie Wyatt Page 6 of 8 < rr l YV DENTON City of Denton Planning and Zoning Commission May 6, 2015 5. Generation of noise, light, and glare. Specific Use Permit Request Project Number: S15-0001 Applicant: Mark Martin Property Owner: Elk River Real Estate The proposed development must meet the noise requirements outlined in the City's Code of Ordinances and the light and glare requirements outlined in 35.13.12 of the DDC. 6. The development of adjacent properties as envisioned in The Denton Plan 2030. The Denton Plan 2030 designates the subject property and the surrounding area as Regional Mixed Use. The intent of the Regional Mixed Use designation is to encourage a mix of uses and higher densities to create an urban, vibrant, and walkable area. Additional high- density housing will add more activity to the area, increasing the vibrancy and enhancing the urban character of Unicorn Lake. 7. Other factors found to be relevant to satisfy the requirements of this Chapter. The staff has reviewed the request that it conforms to applicable requirements of the DDC with a Mixed Use Parking reduction and an Alternative Buffer. STAFF RECOMMENDATION: Staff recommends approval of the Specific Use Permit request with the following conditions: The development must substantially conform to the proposed site plan and landscape plan. 2. The development must substantially conform to the proposed elevations. OPTIONS: 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Table the item to a date certain. PUBLIC NOTIFICATION: To comply with public hearing notice requirements, 13 public hearing notices were mailed to property owners within 200 feet of the subject property. In addition, 25 courtesy notices to physical addresses within 500 feet of the subject property were also mailed. A notice was published in the Denton Record Chronicle and signs were placed on the property. As of the writing of this staff report, staff has not received any responses for either in favor or in opposition of the SUP request. Staff recommended that the applicant host a neighborhood meeting, however no neighborhood meeting was held. PROJECT TIMELINE: S15 -0001 (Elk Springs) Prepared By: Julie Wyatt Page 7 of 8 c rr l YV DENTON Business Business Subject Date Days under Days out DRC Review to Applicant S15 -0001 (Elk Springs) Prepared By: Julie Wyatt Page 7 of 8 c rr l YV DENTON City of Denton Planning and Zoning Commission May 6, 2015 Specific Use Permit Request Project Number: S15-0001 Applicant: Mark Martin Property Owner: Elk River Real Estate Application Received February 6, 2015 - - lst Submittal sent to DRC Members February 6, 2015 - - Comments Released to Applicant February 20, 2015 10 - DRC Meeting with Staff February 26, 2015 - - 2" Submittal Received March 13, 2015 15 Comments Released to Applicant March 26, 2015 10 3r Submittal Received April 13, 2015 12 Comments Released to Applicant April 27, 2015 10 Total Business Days 30 27 ATTACHMENTS: • Aerial Map • Zoning Map • Future Land Use Map • Proposed Site Plan • Proposed Landscape Plan • Public Notification Map • Project Narrative • Site Photos Reviewed and Submitted By: Munal Mauladad Assistant Director, Planning and Development Department 515 -0001 (Elk Springs) Prepared By: Julie Wyatt Page 8 of 8 c rr l YV DENTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR MULTIFAMILY DWELLINGS IN A REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC -D) ZONING DISTRICT AND USE CLASSIFICATION. THE APPROXIMATELY 6.93 ACRE SITE IS GENERALLY LOCATED 605 FEET WEST OF SOUTH I -35E AND 540 FEET NORTH OF WIND RIVER LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (515 -0001) WHEREAS, a request was made by Mark Martin to allow a Specific Use Permit for a Multi- Family Dwellings use on approximately 6.93 acres of land located at A0950a M.E.P. & P. R.R. Sur, Tract 12, R # 39177 in the City of Denton, Denton County, Texas and more particularly described in Exhibit "A ", attached hereto and incorporated herein by reference (the "Property "); and WHEREAS, the Property is within the Regional Center Commercial Downtown zoning classification and use designation (RCC -D); and WHEREAS, after notice published, a public hearing was held before the Planning and Zoning Commission in accordance with State law on May 6, 2015, whereby the Planning and Zoning Commission recommended approval of the requested Specific Use Permit; and WHEREAS, after notice published, a public hearing was held before the City Council in accordance with State law and the City Council hereby finds that the request is consistent with the Denton Plan and federal, state, and local law and that the Applicant has agreed to comply with all provisions of the Denton Development Code, as they exist, may be amended, or in the future arising, including but not limited to, this Ordinance, and has further agreed to comply with the additional restrictions and conditions set forth herein; and WHEREAS, the City Council has determined that it will be beneficial to Denton and its citizens to grant the SUP; that such grant will not be detrimental to the public welfare, safety, or health; and that the SUP should be granted; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. SUP Granted. The Specific Use Permit (SUP) to allow Multi - Family Dwellings on the Property is hereby approved, subject to the following conditions: 1. The development must substantially conform to the proposed site plan and landscape plan attached in Exhibit B. 2. The development must substantially conform to the proposed elevations attached in Exhibit C. SECTION 3. Failure to Comply. Except as otherwise stated above, all terms of the SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure to comply with any term or condition of the Ordinance will result in the SUP being declared null and void and of no force and effect. The SUP is issued to the entity named above and is assignable and transferable. SECTION 4. SUP Regulations. Upon notice to the property owner and a hearing before the City Council, a SUP may be revoked or modified if: 1. There is one or more of the conditions imposed by this Ordinance that has not been met or has been violated on the Property; or 2. The SUP was obtained or extended by fraud or deception; or 3. As otherwise permitted by law and /or Denton's Zoning Ordinance. SECTION 5. Effective date of SUP. The SUP shall be effective from and after the effective date of this Ordinance. Upon termination of the SUP, the Property shall cease to be used as provided herein unless another SUP or appropriate zoning has been obtained. SECTION 6. Unlawful use. It shall be unlawful for any person, firm, entity, or corporation to make use of the above - referenced Property in some manner other than as authorized by the Denton Code of Ordinances and this Ordinance. SECTION 7. Penalty. Any person, firm, entity or corporation violating any provision of this ordinance shall, upon conviction, be fined a sutra not exceeding $2,000.00 for each violation. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. The penal provisions imposed under this Ordinance shall not preclude Denton from filing suit to enjoin the violation and it retains all legal rights and remedies available to it under local, state and federal law. SECTION 8. Severability. 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 the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 9. Effective Date of Ordinance. 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 , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Exhibit A Legal Description Exhibit A Legal Description Being all of that lot, tract or parcel of land situated in the M.E.P. & P.R.R. Survey, Abstract Number 950 in the City of Denton, Denton County, Texas, and being the remainder of a tract of land described in a deed to ERI- Denton 38 Land L.P. as recorded in County Clerk's File Number 2008 - 10865, Real Property Records, Denton County, Texas; the subject tract being more particularly described as follows; BEGINNING at an X -cut found for the Southeast corner of the herein described tract and being in the North line of Lot 1, Block A of BJ's Brewery Addition, an addition to the City of Denton, Denton County, Texas, as recorded in hnstrument Number 2014 -29 of the Plat Records, Denton County, Texas and being the Southwest corner of Lot 1, Block 1 of Denton Commons, an addition to the City of Denton, Denton County, Texas as recorded in Instrument Number 2009 -56 of the Plat Records of Denton County, Texas; Thence South 89 degrees 32 minutes 47 seconds West with the North line of said BJ's Brewery addition a distance of 808.52 feet to a'' /2" iron rod found for the Southwest corner of the herein described tract and being in the North line of Lot 1, Block A of Cinemark Addition at Unicorn Lake, an addition to the City of Denton, Denton County, Texas as recorded in Instrument Number 2004 -59548 of the Plat Records, Denton County, Texas and being the Southeast corner of a tract of land described in a deed to Darush H. Heidary as recorded in Volume 2960, Page 287 of the Real Property records, Denton County, Texas; Thence North 00 degrees 07 minutes 45 seconds East with the East line thereof a distance of 457.31 feet to a' /z" iron rod found for the Northwest corner of the herein described tract; Thence North 88 degrees 43 minutes 15 seconds East a distance of 409.08 feet to a capped iron rod found for the Northeast corner of the herein described tract and the Northwest corner of said Denton Commons Addition; Thence South 50 degrees 54 minutes 42 seconds East with the Westerly line thereof a distance of 279.43 feet to a capped ' /2" iron rod stamped "KAZ" set at the beginning of a curve to the right having a radius of 536.50 feet and a chord bearing and distance of South 32 degrees 36 minutes 30 seconds East, 336.97 feet; Thence along said curve and Westerly line thereof an arc distance of 342.77 feet to the PLACE OF BEGINNING and enclosing 6.93 acre of land more or less. 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QU Hi PUMUH4 g in, g me g wy .HQhMlv 1 low.s. I Is` 1 ,AU INK M 0 1 As. Phlows _ * ; k g of U 1. mein" - a- - wv- g 1 .–H HUI " is".113 . 0 11 XEH-10 a It T JUP1511. HLA jAjU Q9 a- Was 89 lly A. Fu K SSA ; ag 1 sw s 11HUH11 all 'AA "W1 11 5 winjuns &a R2. . K A A 113; am 10 06 U; =111 05 "M a lf­-2.j_ !ME" 9S9MIN IM 1 1z AU, 130 h - PAN; ilia" at TZP 1"M !ME ly 9 Him K RHUH t Ron H .RV, z; - an MAW EA 11 Alm j as. 30 %� -*g, a , , :111�� 4x jQ1 " Alm, A S"n 1 91:511 S INNA .1344 -- T O Q1 go' Q -9 1" 0 KINI M;. is 3. A Is- 1! lla�g. V IVA H My' 3, ;9H Sig !I j! R UN WA. Ig a— . W" &q- . '""n—Ugan- 1 A Boa scan Ewe g ;U gs 1 I M H "olan- ­- I g 5 F 'au­ S: �ff as 2.3 H Sol Als I an .a HUMN a R .0= Of NAMMON wg5a HUMP . 1 3 Hag IN P 0 P1 � 21 a P6 Marshall Gage LLC a, P P P 0, 1 P -qq' g g P. wl g om 1p ilv -b 'all 3— ."Pan a- F� R , g 1. Is 5 M UP W 14, MR A RI 1 a- a HE 1P a 1 a zoo "I a a 1z 1 23 q . NQ Y M A is 1 a "1 . & . -_ Flo .,j 13 a ig P 1 A,3 3S'so 7 91 win CAU; i UN WA. Ig a— . W" &q- . '""n—Ugan- 1 A Boa scan Ewe g ;U gs 1 I M H "olan- ­- I g 5 F 'au­ S: �ff as 2.3 H Sol Als I an .a HUMN a R .0= Of NAMMON wg5a HUMP . 1 3 Hag IN P 0 P1 � 21 a P6 Marshall Gage LLC DEN)tL.J Subject Property C3200ftBuffer - ------- CITY TON 500ftBuffer 41 OF mmm I'lldininhng )elpaiMnvint - GIS COD s �11112— 0 55 110 220 DENTON Centerline �F-t I -", ",- — NOTICE OF PUBLIC HEARING S15 -0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 6, 2015, and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) for Multi - Family Dwellings. The approximately 6.93 acre site is generally located 605 feet west of South 1 -35E and 540 feet north of Wind River Lane. The subject property is located within a Regional Center Commercial Downtown (RCC -D) zoning district. Please refer to the City's website (see link below) for staff's analysis. The staff analysis will be posted on Friday, May 1, 2015: Inu�r'� °.?..ww au��� n��� The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department Attn: Julie Wyatt, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Reasons for Oppo ion: Signature; Printed Name: Please circle one: Neutral to request Mailing Address; City, State Zip: Telephone Number: Physical Address of Property within 200 feet ..��. (,,,,gpposed to st J tpNze �) P,i o CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 i!l i'&/ Alothh' NOTICE OF PUBLIC HEARING S15 -0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 6, 2015, and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) for Multi - Family Dwellings. The approximately 6.93 acre site is generally located 605 feet west of South 1 -35E and 540 feet north of Wind River Lane. The subject property is located within a Regional Center Commercial Downtown (RCC -D) zoning district. Please refer to the City's website (see link below) for staffs analysis. The staff analysis will be posted on Friday, May 1, 2015: The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department Attn: Julie Wyatt, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Reasons fair °pr�sitforry_ Signature: Printed Nz Mailing Address: City, State Zip: Please circle one: Neutral to request Telephone Number: Z ry ° Physical Address of Property within 200 feet: Opposed to request CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 200' P &Z Notice NOTICE OF PUBLIC HEARING S15 -0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 6, 2015, and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) for Multi - Family Dwellings. The approximately 6.93 acre site is generally located 605 feet west of South 1 -35E and 540 feet north of Wind River Lane. The subject property is located within a Regional Center Commercial Downtown (RCC -D) zoning district. Please refer to the City's website (see link below) for staffs analysis. The staff analysis will be posted on Friday, May 1, 2015: .� l" nisi n 4 da91th �. k "qA"�R,! _ "f.�d�i�0. 9R�q�14 The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department Attn: Julie Wyatt, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. �......, ... .�..,_. •. Please circle one: In favor of request Neutral to request Opposed to request Reas or O�rpa�sition: Signature: Printed Name:: Mailing Address: '�" 0 "I I City, State Zip: Telephone Number: Y Property Physical Address of Pro ert within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 ruoU < February 4, 2015 City of Denton Planning Department 211 North Elm Street Denton, Texas 76201 Re: SUP for Elk Springs mixed use development Planning Department We are requesting an SUP on this site due to Limitation 6 dealing with RCC -D zoning. Under definitions of subchapter 23, multifamily as a single use cannot exceed 30% of the acreage for RCC -D zoning. We are exceeding this, therefore the request for the SUP. Outside of this one issue, our project should meet the approval criteria listed in DDC 35.6.4. The following is from DDC 35.6.4 and deals with the criteria required for this SUP. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located and in conformance with the Denton plan, and federal, state or local law. As noted. Thank you for your consideration Mark Martin Site Photos Looking northwest toward subject property Looking southeast from the subject property Looking southwest toward the subject property Looking northeast from the subject property