HomeMy WebLinkAboutJune 09, 2015 AgendaCity f Denton City Hall
Y 215 E. McKinney St.
Denton, Texas 76201
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Dt�NT N Meeting Agenda
City Council
Tuesday, June 9, 2015 3:00 PM Work Session Room
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, June 9, 2015 at 3:00 p.m. in the Council Work Session Room at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
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.
Work Session Reports
A. ID 15 -434 Receive a report, hold a discussion, and provide staff direction regarding
organizational programs which increase the efficiency, effectiveness, and
productivity of City of Denton operations.
Attachments: Exhibit 1 - PowerPoint Presentation
B. ID 15 -435 Receive a report, hold a discussion, and provide staff with direction concerning the
Leadership Excellence and Enhancement Program (LEEP) project
recommendations.
Attachments: Exhibit 1 - Right of Way Management PowerPoint Presentation
Exhibit 2 - Proiect Now Next PowerPoint Presentation
C. 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
City ofDenton Page I Printed on 61512015
City Council Meeting Agenda June 9, 2015
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.
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.
Closed Meeting:
A. ID 15 -466 Consultation with Attorney - Under Texas Government Code, Section 551.071.
Consultation with the City's attorneys concerning pending litigation entitled City of
Denton v. NRG Power Marketing, LLC, Cause No. 15- 01404 -16, in the 16th
Judicial District Court in and for Denton County, Texas 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.
B. ID 15 -473 Consultation with Attorney - Under Texas Government Code, Section 551.071.
Discuss, deliberate, and receive information from the City's attorneys pertaining to
the negotiation and legal consequences of meet and confer agreements with the
Police and Fire Associations, and provide the City's attorneys with direction, where
a public discussion of these legal matters would conflict with the duty of the City's
attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal position in any administrative proceedings or potential
litigation.
C. ID 15 -488 Consultation with Attorney - 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
City ofDenton Page 2 Printed on 61512015
City Council Meeting Agenda June 9, 2015
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.
D. ID 15 -493 Consultation with Attorney - Under Texas Government Code, Section 551.071,
Deliberations regarding Economic Development Negotiations - Under Texas
Government Code, Section 551.087.
Receive a report and hold a discussion regarding legal and economic development
issues regarding a proposed economic development incentive agreement for Project
Ranger One (Denton - Tarrant PRW, LLC). This discussion shall include
commercial and financial information the City Council has received from Project
Ranger One which the City Council seeks to have locate, stay, or expand in or near
the territory of the city, and with which the City Council is conducting economic
development negotiations; including the offer of financial or other incentive where
the duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the
provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government
Code.
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 CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED
AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE
CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING 1- 800 - RELAY -TX SO THAT A SIGN LANGUAGE
INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
City ofDenton Page 3 Printed on 61512015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -434, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: City Manager's Office
CM /ACM: Bryan Langley
DATE: June 9, 2015
SUBJECT
Receive a report, hold a discussion, and provide staff direction regarding organizational programs which
increase the efficiency, effectiveness, and productivity of City of Denton operations.
BACKGROUND
The City of Denton has created the following three separate process and workforce improvement programs.
➢ Lean Government
➢ Innovation Program
➢ Leadership Excellence and Enhancement Program (LEEP)
Collectively, these programs attempt to encourage creative thinking, improve efficiency, improve productivity,
engage employees in continuous quality improvement, and improve customer service. Below is a brief
explanation of each program.
Lean Government
Denton's Lean Journey applies methodologies proven in manufacturing, health care, service industries and
even government, to remove redundant and inefficient processes and enhance skills to provide outstanding
customer service. This program empowers employees to find solutions, develop programs, and enhance
processes that result in service improvements and cost savings.
The City of Denton is experiencing tremendous growth. Denton is on track to have a 65 percent increase in
population to over 200,000 by 2030. This growth will place great demands on the entire municipal
organization, from utilities to public safety, recreation and leisure to general government services. To meet this
demand, the City intends to have controlled growth in our capabilities by innovating and reinventing ourselves
rather than just adding equipment, staff, and layers of bureaucracy. By applying Lean methodologies,
employees are encouraged to eliminate inefficient processes and enhance customer service.
The City initiated the Lean program in 2014 and provided training in Lean methodology to executive staff and
select mid -level managers who would serve as Lean coaches throughout the organization. To date, the City has
used these tools to improve processes in several operational areas, including utility billing, accounts payable,
City of Denton Page 1 of 3 Printed on 6/4/2015
File #: ID 15 -434, Version: 1
procurement, and engineering development review. These improvements have resulted in a savings to the City
of $143,013 in both hard and soft costs and over 3,800 hours of staff time.
Innovation Program
The City of Denton Employee Innovation Program was launched in 2014 to offer incentives and recognition to
encourage staff to suggest improvements which can have a meaningful impact on improving a program,
service, and /or process in order to create new value for the community.
The program includes an online forum where employees can submit ideas and collaborate with colleagues to
discuss and develop innovations to improve city operations. To date, 46 ideas have been submitted and 170
employees have participated. Five ideas have advanced for implementation: a discounted employee child and
elder care solution to improve employee retention; an online employee forum; a call queue notification solution
to provide better customer service; "one- login" software to eliminate the need for multiple passwords to the
many different city technology systems; and alternative methods to reduce the cost of underutilized vehicles in
the City. The implementation of these ideas will provide substantial savings or benefits to the City in the
future. The City plans to launch a second round of the innovation program in 2015.
Leadership Excellence and Enhancement Program (LEEP)
In 2014, the City partnered with the University of North Texas to establish an employee leadership
development program called Leadership Excellence and Enhancement Program (LEEP). The purpose of this
program is two -fold: to provide a formal program for developing leadership and management competencies in
employees and to provide a project task group to examine specific issues facing the City and consider
alternative and innovative ways to solve challenges. The program is a 12 to 18 -month commitment including
approximately 104 hours of classroom training and covering the following thirteen competencies:
• Project Management
Strategic Thinking
• Presentation Skills
• Leadership
Customer Service
• Ethics and Trust
• Managerial and Personal Success Skills
• Implementing Organizational Change
• Personal Financial Planning and Management
• Innovation and Creative Thinking
• Delegation and Time Management
• Decision Making
Conflict Resolution and Negotiation
Participants also work in teams on projects that benefit the city. The first project addresses right -of -way
maintenance in order to further improve Denton as a destination for residents, business owners, developers, and
visitors. The second project focuses on improving performance management and succession planning in the
City of Denton Page 2 of 3 Printed on 6/4/2015
File #: ID 15 -434, Version: 1
organization. The project teams have made recommendations for addressing these issues to executive staff, and
will present these projects to Council on June 9'. The participants have also expressed that the program has
made a significant impact on their career development and knowledge of the City organization.
The purpose of this item is to briefly describe each of these programs to the City Council. The attached
PowerPoint presentation will be used to facilitate this discussion.
EXHIBITS
PowerPoint Presentation
Respectfully submitted:
Bryan Langley
Assistant City Manager
City of Denton Page 3 of 3 Printed on 6/4/2015
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -435, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: City Manager's Office
CM/ ACM: Bryan Langley
Date: June 9, 2015
SUBJECT
Receive a report, hold a discussion, and provide staff with direction concerning the Leadership Excellence and
Enhancement Program (LEEP) project recommendations.
BACKGROUND
The City of Denton partnered with University of North Texas to conduct training to support a newly established
leadership development program called the Leadership Excellence and Enhancement Program (LEEP). The
purpose of the program is two -fold: 1) to provide a formal program for developing leadership and management
competencies in employees, and 2) to provide a project task group to examine specific issues facing the city
and develop solutions.
The first LEEP class began in January 2014 and consisted of 12 employees (who were among 42 applicants).
The curriculum, which was completed in December 2014, included approximately 104 hours of classroom
training, covering the following thirteen competencies:
• Project Management
Strategic Thinking
• Presentation Skills
• Leadership
Customer Service
• Ethics and Trust
• Managerial and Personal Success Skills
• Implementing Organizational Change
• Personal Financial Planning and Management
• Innovation and Creative Thinking
• Delegation and Time Management
• Decision Making
Conflict Resolution and Negotiation
In addition to the classroom training, the LEEP participants were also asked to identify a current issue in the
City of Denton and develop a proposed solution. The class exceeded this expectation by forming two separate
City of Denton Page 1 of 2 Printed on 6/4/2015
File #: ID 15 -435, Version: 1
teams to focus on individual projects. The first team focused on right -of -way maintenance in order to further
improve Denton as a destination for residents, business owners, and visitors. The second project team focused
on improving performance management and succession planning efforts in the organization.
The purpose of this item is to provide an opportunity for each of the LEEP project teams to present their project
recommendations to the City Council for consideration. The attached PowerPoint presentations will be used to
facilitate this discussion.
EXHIBITS
1 - Right -of -Way Management PowerPoint Presentation
2 - Project Now and Next PowerPoint Presentation
Respectfully submitted:
Bryan Langley
Assistant City Manager
City of Denton Page 2 of 2 Printed on 6/4/2015
Destination Denton?
Page 1 of 5
DESTINATION DENTON?
PURPOSE
The purpose of the Destination Denton? project is to establish a maintenance and beautification plan to
create clean and attractive rights -of -way along entryways and major thoroughfares throughout the city.
CONTEXT
Research shows that economic growth pivots on the perceptions held about a community by prospective
businesses and industries looking to relocate. This perception is based largely on the first impression
formed while travelling through the community. In a concerted effort to further our economic
development plans, support future development and re- development, and improve the aesthetic appeal of
the community, the City of Denton should give serious consideration to the maintenance of our public
lands, particularly the rights -of -way along the entryways, commercial corridors, and major thoroughfares
throughout the City.
Competition for residential, commercial and industrial growth is fierce in the Metroplex and maintenance
of a City's entryways is vitally important in making a positive first impression. Per the Broken Windows
Theory (a criminological theory of the norm- setting and signaling effects of urban disorder) decay and
dilapidation are indicators of low real estate value and may deter investors. Conversely, improved
general maintenance and appearance coupled with upgraded public infrastructure is a first step toward
real estate development and re- development.
BACKGROUND
While the City does focus on private property development and maintenance and upkeep of public
facilities and properties, there is a lack of public right -of -way maintenance (from end of street pavement
to private property lines). While some resources are expended on right -of -way maintenance, there is not a
comprehensive focus on the miles of public rights -of -way that criss -cross the City. The Texas
Department of Transportation (TxDOT) shares in the right -of -way maintenance responsibility, however,
the level of service provided by TxDOT is minimal. Quite simply, there is a gap in service regarding
right -of -way maintenance in the City of Denton.
State law provides that in some circumstances cities cannot require private property owners to maintain
public rights -of -way adjacent to their properties. If the City obtains the right -of -way via the plat
dedication process, the interest the City receives is an easement with no fee ownership. The private
property owner retains the underlying fee ownership of the right -of -way and can be compelled to
maintain it. However, if the city acquires right -of -way through a fee simple purchase, the private
property owner has no interest in the land and cannot be required to maintain it. Also, TxDOT prohibits
community volunteers from maintaining TxDOT rights -of -way. With these limitations in mind, it is
incumbent upon the City to take greater responsibility for the maintenance of these public lands.
Destination Denton?
Page 2 of 5
CURRENT SERVICE LEVELS
In 1980, the City entered into a Municipal Maintenance Agreement (MMA) with TxDOT which assigned
sole responsibility for right -of -way maintenance on controlled access highways (I -35E, I -35W and I -35)
to TxDOT. Per the MMA, the City provides no supplemental maintenance to the 35s. In years past,
TxDOT performed three (3) mowing cycles and nine to ten (9 -10) litter cycles on the controlled access
highways (the 35s) annually. Over time, TxDOT has significantly decreased the annual mowing and litter
cycles provided. TxDOT now provides two (2) mowing cycles and three to five (3 -5) litter cycles per
year for the above - listed major gateways into the City. The 35s are usually standing in tall grass and
weeds and strewn with litter and large illegally dumped items. These roadways lack proper care and
maintenance by the State and are a visual blight on the Denton community.
The Municipal Maintenance Agreement also assigns supplemental support from TxDOT for the right -of-
way maintenance on Loop 288 from US 380 to I -35 only.
The City is assigned primary responsibility of right -of -way maintenance on non - controlled access
highways (Loop 288, US 380, FM 2181, US 77, US 377, FM 426, FM 2164, FM 1830) within the City.
TxDOT will provide supplemental right -of -way maintenance assistance on these roadways if requested by
the City and onlv if State resources are available.
Without request TxDOT provides two (2) mowing cycles and one (1) litter cycle per year on portions of
only five (5) of these non - controlled access highways, i.e. Loop 288, FM 2164, FM 1830, FM 426, and
FM 2181. This is a decrease from past years.
CURRENT ISSUES
1. Inadequately maintained rights -of -way on commercial corridors, major thoroughfares, and City
entryways, i.e. tall grass and weeds, trash and debris, illegal dumping, illegal signage, dead trees,
low- hanging limbs, view obstructions, and graffiti.
2. Lack of a comprehensive maintenance plan, i.e. inadequate number of maintenance cycles;
current cycles address high weeds and litter, but not other issues.
3. Decreasing TxDOT participation in maintaining rights -of -way.
4. Lack of adequate City resources being allocated toward this effort.
5. Lack of acceptable TxDOT maintenance standards, i.e. vegetation height of 5 " -24" is an
acceptable TxDOT standard for urban areas.
RIGHT -OF -WAY PILOT PROJECT
To test a potential solution, the City Council approved $125,000 in funding for FY14 -15 to develop and
implement a pilot project to upgrade the scope and level of maintenance on specific roadways in Denton.
Eight roadways: FM 2181 (Teasley Lane), FM 426 (McKinney Street), US 380 (University Drive), FM
1830 (Country Club Road), Hickory Creek Road, FM 2164 (Locust Street), US 77 (Elm Street), Mingo
Road) were selected for inclusion in the pilot project. Terracare Associates was awarded the bid and
began performing maintenance on the above rights -of -way, except for Mingo Road, on March 23, 2015.
To perform work in the railroad right -of -way on Mingo Road, the City must enter into an agreement with
Union Pacific Railroad (UPRR).
Destination Denton?
Page 3 of 5
The $125,000 in funding is being used to mow, weed eat and edge; to apply herbicide to heavily weeded
areas and in the expansion joints of sidewalks, retaining walls, and curb and guttering; to remove dead
and dying trees and to prune healthy trees; and to remove trash, debris and illegal signage. This contract
is being managed by the Community Improvement Services Division.
SUCCESS CRITERIA
1. Perform a photographic survey of public rights -of -way prior to initiating a maintenance program.
Perform follow -up photographic surveys in the same locations at pre - determined intervals to
evaluate program effectiveness.
2. Perform erp iodic robocall surveys of citizens along roadways with upgraded City maintenance to
determine satisfaction with the scope and level of service provided.
a. A robocall (auto dialer) survey was performed from March 10 -18, 2015. Two thousand
four hundred and three (2,403) calls were placed and one hundred and fifty (150)
residents responded. The purpose of the survey was to contact residents who lived or
worked near the roadways in the pilot project and get their opinion about the appearance
of the rights -of -way prior to upgraded maintenance beginning. 52% of the respondents
stated that the roadways were "fair to poor" in appearance.
b. A second similar survey was also performed —a city -wide survey through Engage
Denton. A total of one thousand three hundred and seventy two (1,372) citizens
participated and thirty six (36) citizens responded. Of these respondents, 7% stated the
rights -of -way looked "great" but 38% stated that the rights -of -way looked "poor."
3. Survey the satisfaction levels with `service results' of citizens submitting right -of -way
maintenance complaints to the City.
PARTNERSHIPS
To acquire the resources necessary to successfully establish a right -of -way maintenance and
beautification program, the project team worked with the Texas Department of Transportation and Union
Pacific Railroad to explore opportunities.
TxDOT offered annual funding and landscape design, installation, and maintenance assistance.
Funding —TxDOT will provide up to $25,730 in funds annually on the five (5) roadways (Loop
288, FM 2164, FM 1830, FM 426, and FM 2181) for which they currently pay contracted right -
of -way maintenance services. If the City chooses to fund upgraded maintenance on one or all of
these roadways, TxDOT will provide the City with an updated Municipal Maintenance
Agreement outlining the re- assignment of responsibilities.
Landscape assistance —due to another City dropping out of the Green Ribbon Program, TxDOT
was able to accept the City of Denton into the FYI 5-16 program instead of the City waiting until
FY16 -17 to participate. The Green Ribbon Program is a 15 year old program that provides
landscape design, soil preparation, tree and plant purchase and installation, irrigation installation,
and one year of landscape maintenance for TxDOT rights -of -way. The goal of the program is to
plant and establish trees and plants on the state highway system to help mitigate the effects of air
pollution.
Destination Denton?
Page 4 of 5
Denton is an "air quality non - attainment" county meaning that due to higher than acceptable
levels of air pollution the City of Denton qualifies for participation in this program. TxDOT has
re- designed existing landscape beds on FM 2181, US 377 (north of 35E), US 77, and the north
slope on US 380 near Bell Avenue. TxDOT has provided the City with a Landscape
Maintenance Agreement with the final design plans. The City Manager will sign the agreement
and it will be returned to TxDOT. The announcement requesting bids will be published by
TxDOT in June. The contract will be awarded by August 31, 2015. The landscape installation at
these four locations is scheduled for fall 2015.
UPRR is providing the agreements needed for the City to enter onto railroad property and take over the
maintenance of those areas. UPRR also decreased by 50% the coverage requirements of two of the three
insurances required for performance of maintenance in railroad right -of -way. UPRR has provided an
agreement for the Mingo Road right -of -way which is currently under review in the Legal Department.
Once the agreement is finalized and work has been performed on the Mingo Road right -of -way for
several months without incident, UPRR is going to provide a second agreement for the maintenance and
beautification of the UPRR rail yard.
FUNDING
The City Council approved a $125,000 supplemental package request for FY14 -15 to develop and
implement a pilot project to upgrade the scope and level of maintenance on specific roadways in Denton.
The Destination Denton? project team has submitted another supplemental package request to acquire
the level of resources needed to establish a successful right -of -way maintenance program in the City.
City Approved Funding for FY14 -15
$125K —ROW Pilot Project —US 380 (University Drive), FM 426 (McKinney Street), Hickory
Creek Road, FM 2164 (Locust Street), US 1830 (Country Club Road), US 77 (Elm Street),
Mingo Road, and UPRR rail yard.
City Requested Funding for FY15 -16
$219,838 - -FM 2181, FM 1830, FM 2164, FM 426, US 380, US 77, US 377, Loop 288, Hickory
Creek Road, Mingo Road, Ryan Road, and UPRR rail yard.
TXDOT Approved Funding Annually —If City funding is provided for FM 426, FM 2181, FM 1830,
FM 2164 and Loop 288, TXDOT will provide $25,730 annually for ROW maintenance on these
roadways.
(Note: City gateways (the 35s) are not part of the current funding request. I -35E is the most littered of
the controlled access highways but is currently under the care of AGL during Phase I of roadway
construction. Once Phase I construction is completed, the City can assess the right -of -way conditions at
that time and make a determination regarding maintenance)
Potential Total Annual City Funding $344,838
Potential Total Annual TXDOT Funding $ 25,730
Total $370,568
RECOMMENDATIONS
Destination Denton?
Page 5 of 5
It is recommended that the City of Denton develop a comprehensive maintenance program for TxDOT
and non -TxDOT rights -of -way by:
• Developing maintenance standards for public rights -of -way,
• Providing regularly- scheduled, broad -based maintenance cycles, and
• Providing on- demand maintenance services (48 hour response to complaints).
It is recommended that the City of Denton implement the right -of -way maintenance program by
contracting for services. Upgraded maintenance levels and standards should mirror those in the pilot
project contract. A spreadsheet of roadways and their associated right -of -way maintenance costs is
attached. The cost estimates were derived from the lowest and the highest bids received for the pilot
project contract. The spreadsheet is meant to act as a menu of options, i.e. right -of -way maintenance
funding may be provided to all, many, or some of the roadways listed. The Texas Department of
Transportation has offered some funding reimbursement on specific roadways to offset costs. That
information is also provided on the attached spreadsheet.
Right -of -way maintenance and beautification supports the goals outlined in KFA 2 (Public
Infrastructure), KFA 3 (Economic Development), and KFA 4 (Safe, Livable, and Family Friendly
Community).
If the City developed, implemented and funded a comprehensive maintenance program (mowing, weed
eating, and edging; litter and illegal dumping removal; illegal signage, graffiti and tree removal; tree
trimming; and herbicide treatment) for rights -of -way within the City, the community would benefit from
an improved appearance and possibly a greater level of investment and re- investment along these highly -
travelled roadways.
ORDINANCE NO. 2009-
AN ORDINANCE APPROVING THE MUNICIPAL MAINTENANCE AGREEMENT
REGARDING THE ASSISTANCE OF THE STATE OF TEXAS IN THE MAINTENANCE AND
OPERATION OF STATE HIGHWAYS WITHIN THE CITY LIMITS OF THE CITY OF
DENTON, TEXAS BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE
OF TEXAS, ACTING BY AND THROUGH ITS TEXAS DEPARTMENT OF
TRANSPORTATION; PROVIDING THE CITY MANAGER AUTHORITY TO CARRY OUT
THE RIGHTS AND DUTIES OF THE CITY REGARDING SAID AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 311 of the Transportation Code provides the City of Denton exclusive
dominion, control and jurisdiction over and under the public streets within its corporate limits and
authorizes the City to enter into agreements with the State of Texas to fix responsibilities for the
maintenance, control, supervision, and regulation of State highways within and through the City's
corporate limits; and
WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its
discretion, to enter into agreements with cities to fix responsibilities for maintenance, control,
supervision, and regulation of State highways within and through the corporate limits of such cities;
and
WHEREAS, the State of Texas acting through its Executive Director of the Texas
Department of Transportation ( "TXDOT ") has made it known to the City that the State will assist
the City, and will offer the City assistance in the maintenance and operation of State highways within
the City of Denton; and
WHEREAS, the City Council has read the proposed "Municipal Maintenance Agreement"
(hereafter the "Agreement ") by and between the State of Texas and the City of Denton, Texas and
finds that this Agreement is in the public interests of the residents of Denton, Texas; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as if fully set forth herein.
SECTION 2. The Municipal Management Agreement, attached as Exhibit "A" hereto and
incorporated by reference herein, is hereby approved, and the Mayor or the Mayor Pro - Tempore is
hereby authorized to enter into that Agreement on behalf of the City of Denton, Texas.
SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of the
Compliance with Traffic Control Signals," attached as Exhibit "A" hereto and incorporated by
reference herein, is hereby approved; and the Mayor or the Mayor Pro - Tempore is hereby authorized
to enter into said Amendment on behalf of the City of Denton, Texas.
SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of the
City under said Amendment.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APP OVED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
MUNICIPAL MAINTENANCE AGREEMENT Form 1038
(Rev. 12/08)
Page 1 of 6
reams
ol�ira � ton .
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT made this �D day of / 20 10 , by and between
the State of Texas, hereinafter referred to as the "State," party of the first part, and the City of Denton
(population 80,537
, 2000, latest Federal Census) acting by and through its duly authorized officers,
hereinafter called the "City," -party of the second part.
WITNESSETH
WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and jurisdiction
over and under the public streets within its corporate limits and authorizes the City to enter agreements with the State to
fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through its
corporate limits; and
WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter
agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways
within and through the corporate limits of such cities; and
WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made
it known to the City that the State will assist the City in the maintenance and operation of State highways within .such
City, conditioned that the City will enter into agreements with the State for the purpose of determining the responsibilities
of the parties thereto; and
WHEREAS, the City has requested the State to assist in the maintenance and operation of State highways
within such City:
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the
parties hereto to be by them respectively kept and performed, it is agreed as follows:
For this agreement, the use of the words "State Highway" shall be construed to mean all numbered highways that
are part of the State's Highway System.
Form 1038 (Rev. 12/08)
Page 2 of 6
COVERAGE
1.- This agreement is intended to cover and provide for State participation in the maintenance and operation of the
following classifications of State Highways within the City:
A. Non - Controlled Access highways or portions thereof which are described and /or graphically shown as
"State Maintained and Operated" highways in Exhibit "A," which is attached hereto and made a part hereof.
B. All State highways or portions thereof which have been designated by the Texas Transportation
Commission or maintained and operated as Controlled Access Highways and which are described and /or
graphically shown in Exhibit "B," which is attached hereto and made a part hereof.
In the event that the present system of State highways within the City is changed by cancellation, modified
routing, or new routes, the State will terminate maintenance and operation and this agreement will become null
and void on those portions of the highways which are no longer on the State Highway System; and the full effect
and all conditions of this agreement will apply to the changed highways or new highways on the State Highway
System within the City; and they shall be classified as "State Maintained and Operated" under paragraph 1
above, unless the execution of a new agreement on the changed or new portions of the highways is requested
by either the City or the State.
3. Exhibits that are a part of this agreement may be changed with both parties' written concurrence. Additional
exhibits may also be added with both parties' written concurrence.
GENERAL CONDITIONS
The City authorizes the State to maintain and operate the State highways covered by this agreement in the
manner set out herein.
2. This agreement is between the State and the City only. No person or entity may claim third party beneficiary
status under this contract or any of its provisions, nor may any non -party sue for personal injuries or property
- damage under this contract.
3. This agreement is for the purpose of defining the authority and responsibility of both parties for maintenance and
operation of State highways through the City. This agreement shall supplement any special agreements between
the State and the City for the maintenance, operation, and /or construction of the State highways covered herein,
and this agreement shall supersede any existing Municipal Maintenance Agreements.
4. Traffic regulations, including speed limits, will be established only after traffic and engineering studies have been
completed by the State and/or City and approved by the State.
5. The State will erect and maintain all traffic signs and associated pavement markings necessary to regulate, warn,
and guide traffic on State highways within the State right -of -way except as mentioned in this paragraph and
elsewhere in this agreement. At the intersections of off- system approaches to State highways, the City shall
install and maintain all stop signs, yield signs, and one -way signs and any necessary stop or yield bars and
pedestrian crosswalks outside the main lanes or outside the frontage roads, if such exist. The City shall install
and maintain all street name signs except for those mounted on State maintained traffic signal poles or arms or
special advance street name signs on State right -of -way. All new signs installed by the City on State right -of -way
shall meet or exceed the latest State breakaway standards and be in accordance with' the Texas Manual on
Uniform Traffic Control Devices, latest edition and revision. All existing signs shall be upgraded on a
maintenance replacement basis to meet these requirements
6. Subject to approval by the State, any State highway lighting system may be installed by the City provided the City
shall pay or otherwise provide for all cost of installation, maintenance, and operation except in those installations
specifically covered by separate agreements between the City and State.
Forth 1038 (Rev. 12/08)
Page 3 of 6
7. The City shall enforce the State laws governing the movement of loads which exceed the legal limits for weight,
length, height, or width as prescribed by Chapters 621, 622, and 623 of the Transportation Code for public
highways outside corporate limits of cities. The City -shall also, by ordinance /resolution and enforcement,
prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions
are needed to avoid damage to the highway and /or for traffic safety.
8. The City shall prevent future encroachments within the right -of -way of the State highways and assist in removal
of any present encroachments when requested by the State except where specifically authorized by separate
agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction
within the right -of -way without prior approval in writing from the State.
9. Traffic control devices such as signs, traffic signals, and pavement markings, with respect to type of device,
points of installation and necessity, will be determined by traffic and engineering studies. The City shall not
install, maintain, or permit the installation of any type of traffic control device which will affect or influence the use
of State highways unless approved in writing by the State. Traffic control devices installed prior to the date of this
agreement are hereby made subject to the terms of this agreement and the City agrees to the removal of such
devices which affect or influence the use of State highways unless their continued use is approved in writing by
the State. It is understood that basic approval for future installations of traffic control signals by the State or as a
joint project with the City, will be indicated by the proper City official's signature on the title sheet of the plans.
Both parties should retain a copy of the signed title sheet or a letter signed by both parties acknowledging which
signalized intersections are covered by this agreement. Any special requirements not covered within this
agreement will be covered under a separate agreement.
10. New construction of sidewalks, ramps or other accessibility related items shall comply with current ADA
standards. The city is responsible for the maintenance of these items.
11. If the City has a driveway permit process that has been submitted to and approved by the State, the City will
issue permits for access driveways on State highway routes and will assure the grantee's conformance, for
proper installation and maintenance of access driveway facilities, with either a Local Access Management Plan
that the City has adopted by ordinance and submitted to the State or, if the City has not adopted by ordinance
and submitted to the State a Local Access Management Plan, the State's "Regulations for Access Driveways to
State Highways" and the State's Access Management Manual. If the City does not have an approved city -wide
driveway permit process, the State will issue access driveway permits on State highway routes in accordance
with the City's Local Access Management Plan, adopted by city ordinance and submitted to the State or, if the
City has not adopted by ordinance and submitted a Local Access Management Plan, the State's "Regulations for
Access Driveways to State Highways" and the State's Access Management Manual.
12. The use of unused right -of -way and areas beneath structures will be determined by a separate agreement
NON - CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable to non - controlled access State highways in
addition to the "General Conditions" contained herein above. Non - controlled access State highways or portions
thereof covered by this section are those listed and /or graphically shown in Exhibit "A."
State's Responsibilities (Non - Controlled Access)
1. Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper support of
same under vehicular loads encountered and maintain the shoulders.
2. Assist in mowing and litter pickup to supplement City resources when requested by the City and if State
resources are available.
3. Assist in sweeping and otherwise cleaning the pavement to supplement City resources when requested by the
City and if State resources are available.
Form 1038 (Rev. 12/08)
Page 4 of 6
4. Assist in snow and ice control to supplement City resources when requested by the City and if State'resources
are available.
5. Maintain drainage facilities within the limits of the right -of -way and State drainage easements. This does not
relieve the City of its responsibility for drainage of the State highway facility within its corporate limits.
6. Install, maintain, and operate, when required, normal regulatory, warning and guide signs and normal markings
(except as provided under "General Conditions" in paragraph 5). In cities with less than 50,000 population, this
also includes school safety devices, school crosswalks, and crosswalks installed in conjunction with pedestrian
signal heads. This does not include other pedestrian crosswalks. Any other traffic striping desired by the City may
be placed and maintained by the City subject to written State approval.
7. Install, operate, and maintain traffic signals in cities with less than 50,000 population.
8. In cities equal to or greater than 50,000 population, the State may provide for installation of traffic signals when
the installation is financed in whole or in part with federal -aid funds if the City agrees to enter into an agreement
setting forth the responsibilities of each party.
City's Responsibilities (Non - Controlled Access)
1. Prohibit angle parking, except upon written approval by the State after traffic and engineering studies have been
conducted to determine if the State highway is of sufficient width to permit angle parking without interfering with
the free and safe movement of traffic.
2. Install and maintain all parking restriction signs, pedestrian crosswalks [except as provided in paragraph 6 under
"State's Responsibilities (Non - Controlled Access) "], parking stripes and special guide signs when agreed to in
writing by the State. Cities greater than or equal to 50,000 population will also install, operate, and maintain all
school safety devices and school crosswalks.
3. Signing and marking of intersecting city streets with State highways will be the full responsibility of the City
(except as provided under "General Conditions" in paragraph 5).
4. Require installations, repairs, removals or adjustments of publicly or privately owned utilities or services to be
performed in accordance with Texas Department of Transportation specifications and subject to approval of the
State in writing.
5. Retain all functions and responsibilities for maintenance and operations which are not specifically described as
the responsibility of the State. The assistance by the State in maintenance of drainage facilities does not relieve
the City of its responsibility for drainage of the State highway facility within its corporate limits except where
participation by the State is specifically covered in a separate agreement between the City and the State.
6. Install, maintain, and operate all traffic signals in cities equal to or greater than 50,000 population. Any variations
will be handled by a separate agreement.
7. Perform mowing and litter pickup.
8. Sweep and otherwise clean the pavement.
9. Perform snow and ice control.
CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable to controlled access highways in addition to the
"General Conditions" contained herein above. Controlled access State highways or portions thereof covered by this
section are those listed and/or graphically shown in Exhibit "B."
Form 1038 (Rev. 12/08)
Page 5 of 6
State's Responsibilities (Controlled Access)
1. Maintain the traveled surface of the through lanes, ramps, and frontage roads and foundations beneath such
traveled surface necessary for the proper support of same under vehicular loads encountered.
2. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right -of -way width where no
frontage roads exist and assist in performing these operations between the right -of -way line and the outermost
curb or crown line of the frontage roads in undeveloped areas.
3. Sweep and otherwise clean the through lanes, ramps, separation structures or roadways and frontage roads.
4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the availability of
equipment and labor will allow on the frontage roads and grade separation structures or roadways.
5. Except as provided under "General Conditions" in paragraph 5, the State will install and maintain all normal
markings and signs, including sign operation if applicable, on the main lanes and frontage roads. This includes
school safety devices, school crosswalks and crosswalks installed on frontage roads in conjunction with
pedestrian signal heads. It does not include other pedestrian crosswalks.
6. Install, operate and maintain traffic signals at ramps and frontage road intersections unless covered by a separate
agreement.
7. Maintain all drainage facilities within the limits of the right -of -way and State drainage easements. This does not
relieve the City of its responsibility for drainage of the highway facility within its corporate limits.
City's Responsibilities (Controlled Access)
1. Prohibit, by ordinance or resolution and through enforcement, all parking on frontage roads except when parallel
parking on one side is approved by the State in writing. Prohibit all parking on main lanes and ramps and at such
other places where such restriction is necessary for satisfactory operation of traffic, by passing and enforcing
ordinances /resolutions and taking other appropriate action in addition to full compliance with current laws on
parking.
2. When considered necessary and desirable by both the City and the State, the City shall pass and enforce an
ordinance /resolution providing for one -way traffic on the frontage roads except as may be otherwise agreed to by
separate agreements with the State.
3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal or
adjustment is undertaken, crossing over or under the highway facility or entering the right -of -way. In the event of
an emergency, it being evident that immediate action is necessary for protection of the public and to minimize
property damage and loss of investment, the City, without the necessity of approval by the State, may at its own
responsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as
practical.
4. Pass necessary ordinances /resolutions and retain its responsibility for enforcing the control of access to the
expressway /freeway facility.
5. Install and maintain all parking restriction signs, pedestrian crosswalks (except as mentioned above in paragraph
5 under "State's Responsibilities ") and parking stripes when agreed to by the State in. writing. Signing and
marking of intersecting city streets to State highways shall be the full responsibility of the City (except as
discussed under "General Conditions" in paragraph 5).
Form 1038 (Rev. 12108)
Page 6 of 6
TERMINATION
All obligations of the State created herein to maintain and operate the State highways covered by this agreement
shall terminate if and when such highways cease to be officially on the State highway system; and further, should
either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon
30 days written notice. Upon termination, all maintenance and operation duties on non - controlled access State
highways shall revert to City responsibilities, in accordance with Chapter 311 of the Texas Transportation Code. The
State shall retain all maintenance responsibilities on controlled access State highways in accordance with the
provisions of Chapter 203 of the Texas Transportation Code and 23 United States Code Section 116.
Said State assumption of maintenance and operations shall be effective the date of execution of this agreement by
the Texas Department of Transportation.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Denton
on the 6th day of
October
Of , 20 '10
T.
CITY OF Denton
BY Mayor
(Title of Signing Official)
120 09 , and the Texas Department of Transportation, on the ZG, day
TTE
THE STATE OF TEXAS
Executed and approved for the Texas Transportation
Commission for the purpose and effect of activating
and /or carrying out the orders, and established
policies or work programs heretofore approved and
authorized by the Texas Tr nsportation Commission
BY
(District Engineer)
Dallas District - DAL - 18
District
The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you
are entitled on request to be informed about the information that we collect about you. Under Sections 552.021 and
552.023 of the Government Code, you also are entitled to receive and review this information. Under Section 559.004 of
the Government Code, you are also entitled to have us correct information about you that is incorrect. For more
information, call 512/416 - 3048.
NOTE: To be executed in duplicate and supported by Municipal Maintenance Ordinance /Resolution and City Secretary
Certificate.
EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED
A. U.S. 77 Business From North City Limit to the intersection of F.M. 2164
Route (Southbound which includes only those sections of U.S. 77
& Northbound): within the City Limit. (Base, surface, and bridge
classification structures only.)
B. U.S. 77 Business
Route (Southbound):
C. U.S. 77 Business
Route & U.S. 377
(Southbound):
From intersection of F.M. 2164 over Elm Street
to intersection of U.S. 380 (University Drive). (Base,
surface, and bridge classification structures only.)
From U.S. 380 (University Drive) over Elm Street to
intersection of McKinney Street. (Base, surface, and
bridge classification structures only.)
D. U.S. 77 Business From Mulberry Street over Elm Street to intersection
Route & U. S. 377 of Eagle Drive. (Base, surface, and bridge
(Southbound): classification structures only.)
E. U.S. 77 Business From intersection of Eagle Drive over Eagle Drive to
Route (Southbound Dallas Drive to approximately 190' South of Allegre
& Northbound): Vista Street. (Base, surface, and bridge classification
structures only.)
F. U.S. 77 Business: From approximately 190' South of Allegre Vista Street
Route (Southbound to IH 35E. (Base, surface, assist in mowing, cleaning
& Northbound): litter, and in maintenance of roadway ditches.)
G. U.S. 377 (South- From intersection of Elm Street and Eagle Drive over
bound & North- Fort Worth Drive to intersection of South Roselawn
bound): Drive. (Base, surface, and bridge classification
structures only.)
H. U.S. 377 (South -
bound & North-
bound):
I. U.S. 377 (North-
bound):
From intersection of South Roselawn Drive to
Southwest City Limit. (Base, surface, assist in
mowing, cleaning litter, and in maintenance of
roadway ditches.)
From intersection of Eagle Drive and Fort Worth Drive
over Eagle Drive to Locust Street. (Base, surface, and
bridge classification structures only.)
EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED (cont'd)
J. U.S. 377 & U.S. From intersection of Eagle Drive and Locust Street
77 Business Route over Locust Street to intersection of Mullberry Street.
(Northbound): (Base, surface and bridge classification structures
only.)
K. U.S..377 & U.S. From intersection of McKinney Street over Locust
77 Business Route Street to intersection of U.S. 380 (University Drive).
(Northbound): (Base, surface, and bridge classification structures
only.)
L. U.S. 380: From West City Limit over University Drive to IH 35.
(Base, surface, assist in mowing, cleaning litter, and
in maintenance of roadway ditches.)
M. U.S. 380: From 11-135 over University Drive to intersection of
U.S. 377 northbound (Locust Drive). (Base, surface,
and bridge classification structures only.)
N. U.S. 380 & From intersection of U.S. 377 northbound (Locust St.)
U.S. 377: over University Drive to intersection of Riverside
Drive. (Base, surface, and bridge classification
structures only.)
O. U.S. 380 & From intersection of Riverside Drive over University
U.S. 377: Dr. to East City Limit. (Base, surface, assist in
mowing, cleaning litter, and in maintenance of
roadway ditches.)
P. F.M. 2181: From IH 35E to Lillian Miller (Base, surface and
bridge classification structures only). From Lillian
Miller to the Southwest City Limit (Base, surface,
assist in mowing, cleaning, litter and maintenance of
roadway ditches.)
Q. F. M. 1515: From Junction on IH 35E, west to intersection of
County Road near Denton Airport. (Base, surface,
assist in mowing, cleaning litter, and in maintenance
of roadway ditches.)
EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
STATE MAINTAINED (cont'd)
R. F.M. 426: From intersection of Woodrow Street over E.
McKinney Street to East City Limit. (Base, surface,
assist in mowing, cleaning litter, and in maintenance
of roadway ditches.)
S. F.M. 2164: From North City Limit over N. Locust Street to the
Junction of North U.S. 77 Business Route. (Base,
surface, assist in mowing, cleaning litter, and in
maintenance of roadway ditches.)
T. F.M. 1830: From Junction of U.S. 377 to the South City Limit.
(Base, surface, assist in mowing, cleaning litter, and
in maintenance of roadway ditches.)
U. Loop 288: From Junction of U.S. 380 to Junction of IH 35E.
(Base, surface, and bridge classification structures
only). From IH 35 to U.S. 380 (Base, surface, assist in
mowing, cleaning litter, and in maintenance of .
roadway ditches.)
V. F.M. 428: From North City Limit over Sherman Drive to
intersection of Hercules Street. (Base, surface, assist
in mowing, cleaning litter, and in maintenance of
roadway ditches.)
EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
II. CITY MAINTAINED
A. U.S. 77 Business From intersection of McKinney Street over Elm Street
Route & U.S. 377: to Mulberry Street for southbound traffic, and from
intersection of Mulberry Street over Locust Street to
McKinney Street for northbound traffic.
B. U.S. 77 Business From intersection of U.S. 380 (University Drive) and
Route (Northbound): Locust Street, north over Locust Street to the
intersection with FM 2164.
C. F.M. 426: From intersection of northbound U.S. 77 Business
Route and northbound U.S. 377 over McKinney Street
to intersection of Woodrow Street.
D. F.M. 428: From intersection of Hercules Street over Sherman
Drive to intersection of Locust Street.
EXHIBIT "B"
CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED
A. IH 35: From north city limit to intersection with IH 35E & IH
35W.
B. IH 35E: From intersection with IH 35 & IH 35W to southeast
city limit.
C. IH 35W : From intersection with IH 35 and IH 35E to southeast
city limit.
11. CITY MAINTAINED None
EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAYS
EXHIBIT "B"
!'f"11�ITI f11 I G"f"1 A(r f7 Wlf:i. lA /A'VC
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LANDSCAPE MAINTENANCE AGREEMENT
NN TI�IhdJ'a N1Rl`k�:Y
Form 2043
(Rev. 04/12)
Page 1 of 3
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
This AGREEMENT made this of .__ , 20_ , by and
between the Texas Department of Transportation, hereinafter referred to as the
"State," and the Y of
acting by and through is � County, Texas,
duly officers, cers, hereinafter called the "City ".
WITNESSETH
WHEREAS, Chapter 311 of the Transportation Code gives the City
exclusive dominion, control, and jurisdiction over and under the public streets
within its corporate limits and authorizes the City to enter into agreements with the
State to fix responsibilities for maintenance, control, supervision, and regulation of
State highways within and through its corporate limits; and
WHEREAS, Section 221.002 of the Transportation Code authorizes the
State, at its discretion, to enter into agreements with cities to fix responsibilities for
maintenance, control, supervision, and regulation of State highways within and
through the corporate limits of such cities; and
WHEREAS, the State and the City have entered into a Municipal
Maintenance Agreement dated , the provisions of
which are incorporated herein b reference,
p y and wherein the City has agreed
to retain all functions and responsibilities for maintenance and operations which
are not specifically described as the responsibility of the department; and
WHEREAS, the State has existing and proposed landscape
improvements, such as, but not limited to, the installation of tree, shrub, and turf
plantings, irrigation systems, and other aesthetic elements for areas within the
right of way of state highway routes within the City as shown on Attachment "A ";
and
WHEREAS, the State will provide such landscape improvements, provided
that the City agrees to be responsible for all required maintenance of the
landscape improvements.
Form 2043 (Rev. 04/12)
Page 2 of 3
AGREEMENT
NOW, THEREFORE, in consideration of the premises and ,of the mutual
covenants and agreements of the parties hereto to be by them respectively kept
and performed, it is agreed as follows:
Contract Period
This Agreement becomes effective upon the date of final execution by the
State, and shall remain in effect until terminated or modified as hereinafter
provided.
Coverage
This agreement prescribes the responsibilities of the State and the City
relating to the installation and maintenance of landscape elements on non -
controlled access state highways, as defined in the Municipal Maintenance
Agreement, and described and graphically shown as "State Maintained and
Operated" in that agreement.
Amendment
The parties agree that this agreement may be amended. Such amendments,
to be effective, must be in writing and signed by both parties.
State's Responsibilities
The State shall install landscape elements including but not limited to trees,
shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its
employees or duly appointed agents.
City's Responsibilities
The City may install landscape elements including but not limited to trees,
shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its
employees or duly appointed agents. Any installations shall be performed in
accordance with Texas Department of Transportation specifications and
standards, and must be approved by the State in writing prior to any work being
performed.
Form 2043 (Rev. 04/12)
Page 3 of 3
The City shall maintain all landscape elements within the limits of the right of
way including all median and island areas but excluding paved areas intended for
vehicular travel. Landscape maintenance shall include but not be limited to plant
maintenance, plant replacement, mowing and trimming, hardscape element
maintenance, and irrigation system operation and maintenance. All landscape
elements must be maintained in a functional and aesthetically pleasing condition.
TERMINATION
It is understood and agreed between the parties hereto that should either
party fail to properly fulfill its obligations as herein outlined, the other party may
terminate this agreement upon thirty days written notice. Additionally, this
agreement may be terminated by mutual agreement and consent of both parties.
Should the City terminate this agreement, as prescribed here above, the City
shall, at the option of the State, reimburse any reasonable costs incurred by the
State.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
the City of
on the
ATTEST:
CITY OF
By
year
day of _ ....................
(Title of Signing Official)
Attachments
on the
day of
, and the Texas Department of Transportation,
, year
THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Commission for the purpose and effect
of activating and /or carrying out the
orders, and the established policies or
work programs heretofore approved and
authorized by the Texas Transportation
Commission.
a
District Engineer
District
Audit No.
Industrial Lease (Year To Year) 09 -01 -06 Folder No. 02916 -06
(Unimproved Property)
Form Approved, Law
LEASE OF PROPERTY
(INDUSTRIAL LEASE - UNIMPROVED - YEAR TO YEAR)
THIS LEASE ( "Lease ") is entered into on , 2015, between UNION
PACIFIC RAILROAD COMPANY ( "Lessor ") and CITY OF DENTON, a Texas municipal
corporation, whose address is 215 E. Mckinney Street, Denton, Texas 76201 ( "Lessee ").
IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
Article 1. PREMISES; USE.
Lessor leases to Lessee and Lessee leases from Lessor the premises ( "Premises ") at Denton,
Texas, shown on the print dated , marked Exhibit A, hereto attached and made a
part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto and made a
part hereof. The Premises may be used for beautification and maintenance of railroad right of
way, and purposes incidental thereto, only, and for no other purpose. The beautification and
maintenance activities consist of: mowing, weed eating, tree care, and the removal of trash, debris
and illegal signage. All personnel who will be directly working on the maintenance of the
railroad right -of -way shall be certified in the Roadway Workers Protection On -Track
Safety Program and shall comply with any and all regulations and /or requirements
established by Lessor in the performance of said work.
Article 2. TERM.
The term of this Lease shall commence March 01, 2015, and, unless sooner terminated as
provided in this Lease, shall extend for one year and thereafter shall automatically be extended from year
to year.
Article 3. FIXED RENT.
A. Rent is waived for the entire term of the Lease.
B. The above - referenced rental amount is not meant to represent the fair rental value of the
Premises, nor is it otherwise reflective of the fair market value of the Premises. This rental rate is offered
solely as an accommodation to the Lessee.
Article 4. INSURANCE.
A. Throughout the entire term of this Lease, Lessee or Lessee's contractor shall maintain the
insurance coverage required under Exhibit C hereto attached and made a part hereof
B. Not more frequently than once every two years, Lessor may reasonably modify the
required insurance coverage to reflect then - current risk management practices in the railroad industry and
underwriting practices in the insurance industry.
C. Upon request of Lessor, Lessee or Lessee's contractor shall provide to Lessor a certificate
issued by its insurance carrier evidencing the insurance coverage required under Exhibit C.
D. All insurance correspondence shall be directed to: Real Estate Department, 1400
Douglas Street STOP 1690, Omaha, Nebraska 68179 -1690, Folder No. 02916 -06.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first herein
written.
Lessor: Lessee:
UNION PACIFIC RAILROAD COMPANY CITY OF DENTON
Director - Real Estate
NOTE:
By: _
Title:
Industrial Lease (Year To Year) 09 -01 -06
(Unimproved Property)
Form Approved, Law
EXHIBIT B
TO
INDUSTRIAL LEASE (UNIMPROVED YEAR TO YEAR)
Section 1. IMPROVEMENTS.
No improvements placed upon the Premises by Lessee shall become a part of the realty.
Section 2. RESERVATIONS. TITLE AND PRIOR RIGHTS.
A. Lessor reserves to itself, its agents and contractors, the right to enter the Premises at such
times as will not unreasonably interfere with Lessee's use of the Premises.
B. Lessor reserves (1) the exclusive right to permit third party placement of advertising signs
on the Premises, and (ii) the right to construct, maintain and operate new and existing facilities (including,
without limitation, trackage, fences, communication facilities, roadways and utilities) upon, over, across
or under the Premises, and to grant to others such rights, provided that Lessee's use of the Premises is not
interfered with unreasonably.
C. Lessee acknowledges that Lessor makes no representations or warranties, express or
implied, concerning the title to the Premises, and that the rights granted to Lessee under this Lease do not
extend beyond such right, title or interest as Lessor may have in and to the Premises. Without limitation
of the foregoing, this Lease is made subject to all outstanding rights, whether or not of record. Lessor
reserves the right to renew any such outstanding rights granted by Lessor or Lessor's predecessors.
D. Without limitation of Subparagraphs B. and C. above, Lessee shall not interfere in any
manner with the use or operation of any signboards now or hereafter placed on the Premises or with any
property uses in connection with such signboards (such as, by way of example and not in limitation,
roadways providing access to such signboards). In no event may Lessee construct on the Premises any
improvements that interfere in any manner with the visibility or operation of any signboards now or
hereafter on the Premises or on property in proximity to the Premises.
Section 3. PAYMENT OF RENT.
Rent (which includes the fixed advance rent and all other amounts to be paid by Lessee under this
Lease) shall be paid in lawful money of the United States of America, at such place as shall be designated
by the Lessor, and without offset or deduction.
Section 4. TAXES AND ASSESSMENTS.
A. Lessee shall pay, prior to delinquency, all taxes levied during the life of this Lease on all
personal property and improvements on the Premises not belonging to Lessor. If such taxes are paid by
Lessor, either separately or as a part of the levy on Lessor's real property, Lessee shall reimburse Lessor
in full within thirty (30) days after rendition of Lessor's bill.
B. If the Premises are specially assessed for public improvements, the annual rent will be
automatically increased by 12% of the full assessment amount.
Section 5. WATER RIGHTS.
This Lease does not include any right to the use of water under any water right of Lessor, or to
establish any water rights except in the name of Lessor.
Section 6. CARE AND USE OF PREMISES.
A. Lessee shall use reasonable care and caution against damage or destruction to the
Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any
nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or property.
Lessee shall keep the sidewalks and public ways on the Premises, and the walkways appurtenant to any
railroad spur track(s) on or serving the Premises, free and clear from any substance which might create a
hazard.
B. Lessee shall not permit any sign on the Premises, except signs relating to Lessee's
business.
C. If any improvement on the Premises other than the Lessor Improvements is damaged or
destroyed by fire or other casualty, Lessee shall, within thirty (30) days after such casualty, remove all
debris resulting therefrom. If Lessee fails to do so, Lessor may remove such debris, and Lessee agrees to
reimburse Lessor for all expenses incurred within thirty (30) days after rendition of Lessor's bill.
D. Lessee shall comply with all governmental laws, ordinances, rules, regulations and orders
relating to Lessee's use of the Premises and this Lease, including, without limitation, any requirements for
subdividing or platting the Premises.
Section 7. HAZARDOUS MATERIALS, SUBSTANCES AND WASTES.
A. Without the prior written consent of Lessor, Lessee shall not use or permit the use of the
Premises for the generation, use, treatment, manufacture, production, storage or recycling of any
Hazardous Substances, except that Lessee may use, if lawful, small quantities of common chemicals such
as adhesives, lubricants and cleaning fluids in order to conduct business at the Premises. The consent of
Lessor may be withheld by Lessor for any reason whatsoever, and may be subject to conditions in
addition to those set forth below. It shall be the sole responsibility of Lessee to determine whether or not
a contemplated use of the Premises is a Hazardous Substance use.
B. In no event shall Lessee (1) release, discharge or dispose of any Hazardous Substances,
(ii) bring any hazardous wastes as defined in RCRA onto the Premises, (iii) install or use on the Premises
any underground storage tanks, or (iv) store any Hazardous Substances within one hundred feet (100') of
the center line of any main track.
C. If Lessee uses or permits the use of the Premises for a Hazardous Substance use, with or
without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification numbers and
notices issued by governmental agencies in connection with such Hazardous Substance use, together with
such other information on the Hazardous Substance use as may be requested by Lessor. If requested by
Lessor, Lessee shall cause to be performed an environmental assessment of the Premises upon
termination of the Lease and shall furnish Lessor a copy of such report, at Lessee's sole cost and expense.
D. Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be
responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any manner to
any Hazardous Substance use of the Premises (or any property in proximity to the Premises) during the
term of this Lease or, if longer, during Lessee's occupancy of the Premises, regardless of Lessor's consent
to such use or any negligence, misconduct or strict liability of any Indemnified Party (as defined in
Section 12), and including, without limitation, (1) any diminution in the value of the Premises and /or any
adjacent property of any of the Indemnified Parties, and (ii) the cost and expense of clean -up, restoration,
containment, remediation, decontamination, removal, investigation, monitoring, closure or post - closure.
Notwithstanding the foregoing, Lessee shall not be responsible for Hazardous Substances (1) existing on,
in or under the Premises prior to the earlier to occur of the commencement of the term of the Lease or
Lessee's taking occupancy of the Premises, or (ii) migrating from adjacent property not controlled by
Lessee, or (iii) placed on, in or under the Premises by any of the Indemnified Parties; except where the
Hazardous Substance is discovered by, or the contamination is exacerbated by, any excavation or
investigation undertaken by or at the behest of Lessee. Lessee shall have the burden of proving by a
preponderance of the evidence that any of the foregoing exceptions to Lessee's responsibility for
Hazardous Substances applies.
E. In addition to the other rights and remedies of Lessor under this Lease or as may be
provided by law, if Lessor reasonably determines that the Premises may have been used during the term
of this Lease or any prior lease with Lessee for all or any portion of the Premises, or are being used for
any Hazardous Substance use, with or without Lessor's consent thereto, and that a release or other
contamination may have occurred, Lessor may, at its election and at any time during the life of this Lease
or thereafter (1) cause the Premises and /or any adjacent premises of Lessor to be tested, investigated, or
monitored for the presence of any Hazardous Substance, (ii) cause any Hazardous Substance to be
removed from the Premises and any adjacent lands of Lessor, (iii) cause to be performed any restoration
of the Premises and any adjacent lands of Lessor, and (iv) cause to be performed any remediation of, or
response to, the environmental condition of the Premises and the adjacent lands of Lessor, as Lessor
reasonably may deem necessary or desirable, and the cost and expense thereof shall be reimbursed by
Lessee to Lessor within thirty (30) days after rendition of Lessor's bill. In addition, Lessor may, at its
election, require Lessee, at Lessee's sole cost and expense, to perform such work, in which event, Lessee
shall promptly commence to perform and thereafter diligently prosecute to completion such work, using
one or more contractors and a supervising consulting engineer approved in advance by Lessor.
F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (1) those
substances included within the definitions of "hazardous substance ", "pollutant ", "contaminant ", or
"hazardous waste ", in the Comprehensive Environmental Response, Compensation and Liability Act of
1980, 42 U.S.C. §§ 9601, et sec., as amended or in RCRA, the regulations promulgated pursuant to either
such Act, or state laws and regulations similar to or promulgated pursuant to either such Act, (ii) any
material, waste or substance which is (A) petroleum, (B) asbestos, (C) flammable or explosive, or (D)
radioactive; and (iii) such other substances, materials and wastes which are or become regulated or
classified as hazardous or toxic under any existing or future federal, state or local law.
Section 8. UTILITIES.
A. Lessee will arrange and pay for all utilities and services supplied to the Premises or to
Lessee.
B. All utilities and services will be separately metered to Lessee. If not separately metered,
Lessee shall pay its proportionate share as reasonably determined by Lessor.
Section 9. LIENS.
Lessee shall not allow any liens to attach to the Premises for any services, labor or materials
furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall have the
right to discharge any such liens at Lessee's expense.
Section 10. ALTERATIONS AND IMPROVEMENTS; CLEARANCES.
A. No alterations, improvements or installations may be made on the Premises without the
prior consent of Lessor. Such consent, if given, shall be subject to the needs and requirements of the
Lessor in the operation of its Railroad and to such other conditions as Lessor determines to impose. In all
events such consent shall be conditioned upon strict conformance with all applicable governmental
requirements and Lessor's then - current clearance standards.
B. All alterations, improvements or installations shall be at Lessee's sole cost and expense.
C. Lessee shall comply with Lessor's then - current clearance standards, except (1) where to
do so would cause Lessee to violate an applicable governmental requirement, or (ii) for any improvement
or device in place prior to Lessee taking possession of the Premises if such improvement or device
complied with Lessor's clearance standards at the time of its installation.
D. Any actual or implied knowledge of Lessor of a violation of the clearance requirements
of this Lease or of any governmental requirements shall not relieve Lessee of the obligation to comply
with such requirements, nor shall any consent of Lessor be deemed to be a representation of such
compliance.
Section 11. AS -IS.
Lessee accepts the Premises in its present condition with all faults, whether patent or latent, and
without warranties or covenants, express or implied. Lessee acknowledges that Lessor shall have no duty
to maintain, repair or improve the Premises.
Section 12. RELEASE AND INDEMNITY.
A. As a material part of the consideration for this Lease, Lessee, to the extent it may
lawfully do so, waives and releases any and all claims against Lessor for, and agrees to indemnify, defend
and hold harmless Lessor, its affiliates, and its and their officers, agents and employees ( "Indemnified
Parties ") from and against, any loss, damage (including, without limitation, punitive or consequential
damages), injury, liability, claim, demand, cost or expense (including, without limitation, attorneys' fees
and court costs), fine or penalty (collectively, "Loss ") incurred by any person (including, without
limitation, Lessor, Lessee, or any employee of Lessor or Lessee) (1) for personal injury or property
damage caused to any person while on or about the Premises, or (ii) arising from or related to any use of
the Premises by Lessee or any invitee or licensee of Lessee, any act or omission of Lessee, its officers,
agents, employees, licensees or invitees, or any breach of this Lease by Lessee.
B. The foregoing release and indemnity shall apply regardless of any negligence,
misconduct or strict liability of any Indemnified Party, except that the indemnity, only, shall not apply to
any Loss determined by final order of a court of competent jurisdiction to have been caused by the sole
active direct negligence of any Indemnified Party.
C. Where applicable to the Loss, the liability provisions of any contract between Lessor and
Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss and
shall supersede the provisions of this Section 12.
D. No provision of this Lease with respect to insurance shall limit the extent of the release
and indemnity provisions of this Section 12.
Section 13. TERMINATION.
A. Lessor may terminate this Lease for Lessee's default by giving Lessee notice of
termination, if Lessee (1) defaults under any obligation of Lessee under this Lease and, after written notice
is given by Lessor to Lessee specifying the default, Lessee fails either to immediately commence to cure
the default, or to complete the cure expeditiously but in all events within thirty (30) days after the default
notice is given, or (ii) Lessee abandons the Premises for a period of one hundred twenty (120) consecutive
days.
B. Notwithstanding the terms of this Lease set forth in Article II, Lessor or Lessee may
terminate this Lease without cause upon thirty (30) day's written notice to the other party; provided,
however, that at Lessor's election, no such termination by Lessee shall be effective unless and until
Lessee has vacated and restored the Premises as required in Section 15A, at which time Lessor shall
refund to Lessee, on a pro rata basis, any unearned rental paid in advance. Notwithstanding anything to
the contrary in this Lease, if Lessee has not complied with the requirements of Section 15 A, this
Lease, together with all terms contained herein (including payment of rent) will remain in effect
until the requirements of Section 15A are met, unless Lessor, in its sole discretion, elects to
terminate this Lease.
Section 14. LESSOR'S REMEDIES.
Lessor's remedies for Lessee's default are to (a) enter and take possession of the Premises,
without terminating this Lease, and relet the Premises on behalf of Lessee, collect and receive the rent
from reletting, and charge Lessee for the cost of reletting, and /or (b) terminate this Lease as provided in
Section 13 above and sue Lessee for damages, and /or (c) exercise such other remedies as Lessor may
have at law or in equity. Lessor may enter and take possession of the Premises by self -help, by changing
locks, if necessary, and may lock out Lessee, all without being liable for damages.
Section 15. VACATION OF PREMISES: REMOVAL OF LESSEE'S PROPERTY.
A. Upon termination howsoever of this Lease, Lessee (1) shall have peaceably and quietly
vacated and surrendered possession of the Premises to Lessor, without Lessor giving any notice to quit or
demand for possession, and (ii) shall have removed from the Premises all structures, property and other
materials not belonging to Lessor, including all personal property and restored the surface to as good a
condition as the same was in before such structures were erected, including, without limitation, the
removal of foundations, the filling in of excavations and pits, and the removal of debris and rubbish.
B. If Lessee has not completed such removal and restoration prior to termination of this
Lease, Lessor may, at its election, and at any time or times, (i) perform the work and Lessee shall
reimburse Lessor for the cost thereof within thirty (30) days after bill is rendered, (ii) take title to all or
any portion of such structures or property by giving notice of such election to Lessee, and /or (iii) treat
Lessee as a holdover tenant at will until such removal and restoration is completed.
Section 16. FIBER OPTICS.
Lessee shall telephone Lessor during normal business hours (7:00 a.m. to 9:00 p.m.,
Central Time, Monday through Fridays, except for holidays) at 1- 800 - 336 -9193 (also a 24 -hour, 7 -day
number for emergency calls) to determine if fiber optic cable is buried on the Premises. Lessor may
change the telephone number and hours of operation by giving Lessee notice of the change. If cable is
buried on the Premises, Lessee will telephone the telecommunications company(ies), arrange for a cable
locator, and make arrangements for relocation or other protection of the cable. Notwithstanding
compliance by Lessee with this Section 16, the release and indemnity provisions of Section 12 above
shall apply fully to any damage or destruction of any telecommunications system.
Section 17. NOTICES.
Any notice, consent or approval to be given under this Lease shall be in writing, and
personally served, sent by facsimile to (402) 501 -0340, by email or by reputable courier service, or sent
by certified mail, postage prepaid, return receipt requested, to Lessor at: Union Pacific Railroad
Company, Attn: AVP - Real Estate, Real Estate Department, 1400 Douglas Street, Stop 1690, Omaha,
Nebraska 68179; and to Lessee at the above address, or such other address as a party may designate in
notice given to the other party. Mailed notices shall be deemed served five (5) days after deposit in the
U.S. Mail. Notices which are faxed, emailed, are personally served or sent by courier service shall be
deemed served upon receipt.
Section 18. ASSIGNMENT.
A. Lessee shall not sublease the Premises, in whole or in part, or assign, encumber or
transfer (by operation of law or otherwise) this Lease, without the prior consent of Lessor, which consent
may be denied at Lessor's sole and absolute discretion. Any purported transfer or assignment without
Lessor's consent shall be void and shall be a default by Lessee.
B. Subject to this Section 18, this Lease shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors and assigns.
Section 19. CONDEMNATION.
If, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of
a condemnation or sale in lieu of condemnation, then this Lease shall automatically terminate. Lessor
shall be entitled to the entire award or proceeds for any total or partial condemnation or sale in lieu
thereof, including, without limitation, any award or proceeds for the value of the leasehold estate created
by this Lease. Notwithstanding the foregoing, Lessee shall have the right to pursue recovery from the
condemning authority of such compensation as may be separately awarded to Lessee for Lessee's
relocation expenses, the taking of Lessee's personal property and fixtures, and the interruption of or
damage to Lessee's business.
Section 20. ATTORNEY'S FEES.
If either party retains an attorney to enforce this Lease (including, without limitation, the
indemnity provisions of this Lease), the prevailing party is entitled to recover reasonable attorney's fees.
Section 21. RIGHTS AND OBLIGATIONS OF LESSOR.
If any of the rights and obligations of Lessor under this Lease are substantially and negatively
affected by any changes in the laws applicable to this Lease, whether statutory, regulatory or under
federal or state judicial precedent, then Lessor may require Lessee to enter into an amendment to this
Lease to eliminate the negative effect on Lessor's rights and obligations to the extent reasonably possible.
Section 22. MODIFICATION, WAIVER OF DEFAULT, ENTIRE AGREEMENT.
No waiver, modification or amendment to this Lease, including specifically but not limited to,
any indemnity and /or insurance requirement herein, shall be of any force or effect unless made in writing,
signed by Lessor and Lessee and specifying with particularity the nature and extent of such waiver,
modification or amendment. This Lease is the entire agreement between the parties, and supersedes all
other oral or written agreements between the parties pertaining to this transaction, including, without
limitation, and any other lease under which all or any portion of the Premises was leased to Lessee.
Notwithstanding the prior sentence, Lessee shall retain any and all obligations and liabilities which may
have accrued under any other such agreements prior to the commencement of the term of this Lease.
Approved: Insurance Group
Created: 2/10/06
Last Modified: 7/2/07
EXHIBIT C
Union Pacific Railroad
Contract Insurance Requirements
Lease of Land
Lessee or Lessee's contractor shall, at its sole cost and expense, procure and maintain during the life of
this Lease (except as otherwise provided in this Lease) the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of
not less than $1,000,000 each occurrence and an aggregate limit of not less than $2,000,000. CGL
insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing
equivalent coverage). The policy must also contain the following endorsement, which must be stated on
the certificate of insurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute
form providing equivalent coverage) showing "Premises" as the Designated Job Site.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00
O1 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not
less $1,000,000 for each accident, and coverage must include liability arising out of any auto (including
owned, hired, and non -owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a
substitute form providing equivalent coverage) showing "Premises" as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS -90) if required by law.
C. Workers Comnensation and Emnloyers Liability, insurance. Coverage must include but not be
limited to: Contractor's statutory liability under the workers' compensation laws of the state(s) affected by
this Agreement. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000
disease policy limit $500,000 each employee.
If Lessee is self - insured, evidence of state approval and excess workers compensation coverage must be
provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'
Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
In any and all Claims against Lessor by any employee of Lessee or Lessee's contractor, Lessee's
indemnification obligation under this section shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable under any workers compensation acts,
disability benefits acts or other employee benefits acts.
D. Pollution Liability insurance. If permitted use as defined in this Lease includes any generation,
handling, enrichment, storage, manufacture, or production of hazardous materials pollution liability
insurance is required. Pollution liability coverage must be written on ISO form Pollution Liability
Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability
coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.
If hazardous materials are disposed of from the Premises, Lessee or Leesee's contractor must furnish to
Lessor evidence of pollution legal liability insurance maintained by the disposal site operator for losses
arising from the insured facility accepting the materials, with coverage in minimum amounts of
$1,000,000 per loss, and an annual aggregate of $2,000,000.
E. Umbrella or Excess insurance. If Lessee or Leesee's contractor utilizes umbrella or excess
policies, these policies must "follow form" and afford no less coverage than the primary policy.
Other Requirements
F. All policy(ies) required above must include Lessor as "Additional Insured" using ISO Additional
Insured Endorsement CG 20 11 (or a substitute form providing equivalent coverage). The coverage
provided to Lessor as additional insured shall, to the extent provided under ISO Additional Insured
Endorsement CG 20 11, provide coverage for Lessor's negligence whether sole or partial, active or
passive, and shall not be limited by Lessee's liability under the indemnity provisions of this Lease.
G. Lessee waives all rights against Lessor and its agents, officers, directors and employees for
recovery of damages to the extent these damages are covered by the workers compensation and
employers' liability or commercial umbrella or excess liability insurance obtained by Lessee required by
this agreement.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate
of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that
may arise under this Lease, or (b) all punitive damages are prohibited by all states in which the Premises
are located.
L All insurance policies must be written by a reputable insurance company acceptable to Lessor or
with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business
in the state where the Premises are located.
J. The fact that insurance is obtained by Lessee, or by Lessor on behalf of Lessee, will not be
deemed to release or diminish the liability of Lessee, including, without limitation, liability under the
indemnity provisions of this Lease. Damages recoverable by Lessor from Lessee or any third party will
not be limited by the amount of the required insurance coverage.
RFP # 5713
Scope of Work and Technical Specifications
Supply of Service
EXHIBIT 3
The scope of work shall be finalized upon the selection of the Firm. The respondent's submission shall
have accurately described your understanding of the objectives and scope of the requested products and
services and provided an outline of your process to implement the requirements of the Scope of Work and
Services. It is anticipated that the scope of work will include, at a minimum, the following:
SCOPE OF CONTRACT
The intent of this Contract is to secure, by third party contract, the right -of -way maintenance of selected
entryways and corridors within the corporate city limits of Denton, Texas.
CONTRACTOR OPERATIONS
1. The Contractor (respondent awarded contract by City Council) will work under the direction of the
Manager of Community Improvement Services or his /her designated City Representative (hereafter
referred to as the City Representative) who will monitor the maintenance by required inspections to
determine the acceptance or rejection of any of the maintenance as required under this contract.
2. Contractor will operate as an independent contractor and not as an agent, representative, partner or
employee of the City of Denton, and shall control his /her operations at the work site, and be solely
responsible for the acts or omissions of his /her employees.
The Contractor shall give his/her personal supervision to the work or shall have a competent supervisor on
the job at all times during process of the work, with authority to act for him/her, and be available for
consultation with the City Representative. Each week, at the completion of the scheduled maintenance
cycle, a site inspection with the Contractor Supervisor and the designated City Representative is required.
Site inspections shall not be scheduled later than 4:00 p.m. If the City Representative determines that the
completed work does not meet the standards established in the contract, the Contractor will have two (2)
working days to accomplish the work to the standards outlined in the contract. It will be considered a
breach of the contract if unacceptable work is repeatedly performed.
4. Contractor and employees will be courteous to the public at all times while at the work site.
5. Contractor may not sell, sublet or otherwise assign the contract maintenance responsibilities to others
without written consent of the Purchasing Department and Community Improvement Services
Division.
• All tree trimming shall be done by an ISA Certified Arborist. Contractor may sublet this
portion of the contract with the approval of the Purchasing Department and the Community
Improvement Services Division.
6. Contractor shall provide a valid telephone or pager number, email address, and mailing address at all
times to the specified City Representative. The telephone or pager shall be answered during normal
working hours, at least to take a message.
7. All wages, taxes, and worker's compensation of all contract employees shall be paid by the
Contractor.
8. The Contractor will be required to keep sufficient equipment and labor on hand to perform the
maintenance requirements outlined in this RFP. All equipment to be used under the contract shall be
identified on the equipment schedule included in the RFP. Equipment shall be maintained in full
functioning condition during the entire term of the contract.
9. The work covered under this contract is on an as needed basis for a 12 -month period from the date of
agreement. This contract will include furnishing all labor, materials, and equipment necessary to provide
complete and continuous of rights -of -way herein specified. Each maintenance cycle shall be completed
within five (5) consecutive working days, unless inclement weather disrupts the schedule.
10. Contractor shall respond to on -call requests. Work shall be started within 48 hours of issuance of the
request.
11. All work is to be accomplished Monday through Friday, weather permitting. It will be considered a breach
of the contract if the schedule is repeatedly missed.
a. The City of Denton reserves the right to cancel scheduled mowing and litter /debris
removal cycles on a week -to -week basis based upon need, prevailing weather conditions,
and available funding.
b. Contractor shall be responsible for any damage done to property during maintenance
operations. Contractor will be responsible for replacement of all trees and shrubs
destroyed by his /her employees during maintenance work. Trees shall not be bumped or
marked by mowing.
12. The City of Denton will not be liable for and be held harmless for any loss or damage sustained by the
Contractor. The Contractor shall save the City of Denton whole and harmless from any and all claims
for damage of whatsoever nature and kind, suffered or asserted to have been suffered by the person or
property of any person whomsoever, growing out of or resulting from or in any way connected with
the job. Contractor will exercise every necessary precaution for the safety of the property and the
protection of any and all persons and /or property located adjacent to or making passage through said
property. All claims and repairs are to be made by the Contractor in a timely (within 48 hrs) manner.
TECHNICAL SPECIFICATIONS
RIGHTS -OF -WAY MAINTENANCE PROGRAM
Mowing and associated maintenance shall be performed bi- weekly during the growing season (March
through November) unless inclement weather or holidays alter this schedule. Stand alone litter and
debris removal cycles shall be performed at all locations during the alternating (non- mowing) weeks.
During the non - growing season, litter and debris removal shall be performed weekly at all locations.
The following rights -of -way (ROW) maintenance schedule is to acquaint the bidder with the
probable volume of work, but does not establish a minimum or maximum workload for the
contract period. Workload may be adjusted by the City Representative on an as- needed basis.
Note: Calendar weeks may vary during each year. A month is equivalent to a four -week or five -week
timeframe and will be adjusted each calendar year.
A. MOWING AND ASSOCIATED MAINTENANCE
L For all Contractor's ROW Maintenance operations the Contractor shall provide traffic control in
compliance with the latest edition of the "Texas Manual on Uniform Traffic Control Devices"
(TMUTCD) and the "Traffic Control Standards Sheets" (TCSS.) Any variation shall be approved
by the City Representative. Equipment shall not be left within thirty (30) feet of any travel lane of
any roadway during non - working hours.
2. All supervisors and employees who will be directly working on the maintenance of the Railroad
ROW (25 feet within the centerline of the track) shall be certified in the Roadway Workers
Protection On -Track Safety Program. Training information can be found at
www.Railroadcontracting.com. Provide documentation of certification.
3. All work performed on Mingo Road will be up to the twenty five foot (25') line from the centerline
of the track. At a later date, contractor may be required to maintain the Union Pacific rail rights -of-
way (excluding the track) along Mingo Road. Costs for this additional work shall be provided on
the Pricing Sheet.
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
1. Debris and litter removal
4
4
3
2
2
3
2
2
3
2
2
4
2. Herbicide Control
1
1
1
1
1
3. Mowing (includes weed eating,
edging, litter and debris
removal) bi- weekly or as
required by City
-
-
2
2
2
2
2
2
2
2
2
-
Note: Calendar weeks may vary during each year. A month is equivalent to a four -week or five -week
timeframe and will be adjusted each calendar year.
A. MOWING AND ASSOCIATED MAINTENANCE
L For all Contractor's ROW Maintenance operations the Contractor shall provide traffic control in
compliance with the latest edition of the "Texas Manual on Uniform Traffic Control Devices"
(TMUTCD) and the "Traffic Control Standards Sheets" (TCSS.) Any variation shall be approved
by the City Representative. Equipment shall not be left within thirty (30) feet of any travel lane of
any roadway during non - working hours.
2. All supervisors and employees who will be directly working on the maintenance of the Railroad
ROW (25 feet within the centerline of the track) shall be certified in the Roadway Workers
Protection On -Track Safety Program. Training information can be found at
www.Railroadcontracting.com. Provide documentation of certification.
3. All work performed on Mingo Road will be up to the twenty five foot (25') line from the centerline
of the track. At a later date, contractor may be required to maintain the Union Pacific rail rights -of-
way (excluding the track) along Mingo Road. Costs for this additional work shall be provided on
the Pricing Sheet.
4. The mowing of specified turf areas shall include the mowing, weed eating and edging of all
vegetation within each area. A cutting height of three inches (3 ") is required (height of cut will be
determined by City Representative.) All vegetation in the rights -of -way, including wet areas,
ditches, etc., shall be cut by either mowing or hand - trimming to the specified height. It will be the
responsibility of the Contractor to determine which method will be used, and to furnish sufficient
personnel and equipment to satisfactorily complete the work in a five (5) day timeframe.
Where specified, there will be designated `no mow' areas during wildflower season (approximately
March — May.) These areas shall be marked by the City of Denton with appropriate signs. In
designated "no mow" areas, all roadways shall receive fifteen feet (15') of strip mowing along the
roadway edge or paved shoulder. Hand - trimming shall be required around all fixed objects within
a "no mow" area.
Litter and debris (including dumped items and signage) shall be removed by the Contractor prior
to mowing. Clippings will not be collected and removed from the site after each mowing.
Exception: First contracted mowing maintenance cycle, if needed. Clippings shall not be blown
into the street.
Bruising or rough cutting of grass shall not be permitted. Mowers will also be adjusted and
operated so that the grass is cut at a uniform height. At no time shall it be permissible to raise
mowing height unless authorized by the City Representative.
6. Trimming and /or stringline trimming operations shall include cutting all grass /weeds along walls,
curbs, sidewalks, concrete flumes, mow strips, fences, median barrier walls, bridge adjustments, or
any object within or immediately adjacent to maintained areas.
7. Edging of defined curb lines shall be accomplished either with steel -blade Stick Edgers or with a
tractor -drawn curb - edging device.
8. Each tree damaged (bumped, marked or cut) shall cost the Contractor $25.00 per occurrence. Each
$25.00 penalty shall be deducted from appropriate monthly billing.
9. All work will be measured by the cycle. A cycle is defined as the activity necessary for performing
all work within the rights -of -way and project limits, one time. Mowing cycles shall be completed
in five (5) working days. Mowing cycles may be split, i.e. work at some locations may be
performed one week with the remaining locations being worked the following week within a five
(5) working day timeframe.
B. LITTER AND DEBRIS REMOVAL (including signage)
1. During the growing season, stand alone litter and debris removal shall be performed during
alternate weeks when mowing is not performed, and weekly during the non - growing season unless
inclement weather or holidays alter this schedule.
2. This item shall govern the pickup and disposal of litter and debris. Such items include, but are not
limited to scrap metal, rags, paper, wood, plastic, glass, rubber products (including tires and tire
parts), and signage.
3. On occasion, Contractor will be required to remove a piece of furniture, an appliance, a mattress,
etc. Large illegal dumpsite removal will not be a requirement of this contract.
C!
4. Where tree/brush/shrub lines or mowing edge determines the litter /debris pick up area, the
Contractor will remove items an additional three (3) feet beyond that boundary, where possible.
Where tree/brush/shrub lines are in front of a fence, the fence will be the determining litter /debris
removal boundary.
6. The Contractor shall furnish all litter bags, tools, hard hats, safety vests, rubber boots, gloves,
transportation to and from the work area, and all other safety materials or devices necessary to
perform the work in a safe and orderly manner.
7. All vehicles used in transporting litter shall be equipped so as to prevent the accumulated litter
from being strewn along the roadway.
8. Vehicles shall be equipped with highly- visible omni- directional flashing amber light(s), and
Contractor's identifying signage shall be displayed on all vehicles at the worksite.
9. Bagged litter and debris shall be removed from the rights -of -way the same day of collection unless
otherwise approved by the City Representative.
10. All litter and debris collected by the Contractor shall be disposed of at a certified landfill. A
landfill receipt documenting the volume or weight of litter and debris disposed of shall be provided
to the City Representative after each completed cycle.
11. The Contractor will not be responsible for the removal of dead animals. It shall be the Contractor's
responsibility to notify the City Representative of any items that require special handling.
12. All work will be measured by the cycle. A cycle is defined as the activity necessary for performing
all work within the rights -of -way and project limits, one time.
C. TREE TRIMMING
1. All tree trimming shall be done by an ISA Certified Arborist. Pruning shall be done by thinning
and shaping to achieve a natural appearance. Excessive pruning or stubbing back will not be
permitted. All pruning cuts shall be made whereby a collar is left at the cut. Trees shall be cleanly
cut with no tearing of the bark. All dead or damaged branches shall be removed from the site and
disposed of properly. The trees in this scope of work are the existing mature groves of trees located
in the rights -of -way along Mingo Road, parallel to the railroad tracks. The purpose of the trees in
this area is to serve as a buffer between the community and the railroad tracks. The trees are to
appear from the Mingo Road vista as natural groves; pruning should be managed so as to achieve
this outcome. Contractor may sublet this portion of the contract with the approval of the City
Representative.
2. Hazard Reduction Pruning techniques should be used on these Mingo Road tree groves in order to
maintain a clearance of 15 feet (15') over the roadway and to maximize sight line clearances for the
motoring and pedestrian public.
D. HERBICIDE APPLICATION
1. Apply pre and post emergent for grassy and broadleaf weeds, both perennial and annual, on an as
needed basis mutually determined by the Contractor and the City of Denton.
2. All cracks in sidewalks, curbs, street gutters and other paved areas shall be kept weed free at all
times through the use of Glyphosate applications. Weeds /grass growing in the expansion joints,
within two (2) feet of the edge of the paved surface, shall be removed or treated with an approved
herbicide as needed. Herbicide applicator shall be licensed by the Texas Department of Agriculture.
E. GENERAL MAINTENANCE AND CLEANUP
All excess clippings, trimmings, cuttings, litter and debris resulting from work performed shall be
promptly removed from the site.
2. Sidewalks within the contract limits shall be swept clean.
Any ruts in excess of 3/4" in the turf areas created by Contractor shall be repaired by the
replacement of top soil to bring the area back to original grade. Top soil is available from the
City.
4. Regular communication with the City Representative to advise of any problems related to overall
rights -of -way maintenance is required. A scheduled site inspection with the City Representative is
required prior to leaving the site.
Contractor shall respond to on -call requests. Work shall be started within 48 hours of issuance of
the request.
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
Legislation Text
File #: , Version: 1
Agenda Information Sheet
SUBJECT
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.
City of Denton Page 1 of 1 Printed on 6/4/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
File #: ID 15 -466, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Consultation with Attorney - Under Texas Government Code, Section 551.071.
Consultation with the City's attorneys concerning pending litigation entitled City of Denton v. NRG Power
Marketing LLC, Cause No. 15- 01404 -16, in the 16' Judicial District Court in and for Denton County, Texas
where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
City of Denton Page 1 of 1 Printed on 6/5/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
File #: ID 15 -473, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Consultation with Attorney - Under Texas Government Code, Section 551.071.
Discuss, deliberate, and receive information from the City's attorneys pertaining to the negotiation and legal
consequences of meet and confer agreements with the Police and Fire Associations, and provide the City's
attorneys with direction, where a public discussion of these legal matters would conflict with the duty of the
City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any
administrative proceedings or potential litigation.
City of Denton Page 1 of 1 Printed on 6/5/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
Legislation Text
File #: ID 15 -488, Version: 1
Agenda Information Sheet
SUBJECT
Consultation with Attorney - 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 6/5/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DENT' IN
Legislation Text
File #: ID 15 -493, Version: 1
Agenda Information Sheet
SUBJECT
Consultation with Attorney - Under Texas Government Code, Section 551.071, Deliberations regarding
Economic Development Negotiations - Under Texas Government Code, Section 551.087.
Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed
economic development incentive agreement for Project Ranger One (Denton - Tarrant PRW, LLC). This
discussion shall include commercial and financial information the City Council has received from Project
Ranger One which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and
with which the City Council is conducting economic development negotiations; including the offer of financial
or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open
Meetings Act, Chapter 551 of the Texas Government Code.
City of Denton Page 1 of 1 Printed on 6/5/2015