HomeMy WebLinkAboutJuly 15, 2008 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
July 15, 2008
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, July 15, 2008 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
consi ere
1. Requests for clarification of agenda items listed on the agenda for July 15, 2008.
2. Receive a report, hold a discussion and give staff direction on amendments to
Subchapters 14 and 23 of the Denton Development Code. The amendments are regarding
the following items: parking requirements for duplexes; revisions to the definitions of a
structure and accessory structures; and provide definitions for flatwork and principal
structure. The Planning and Zoning Commission recommends approval (6-0).
3. Receive a report, hold a discussion and give staff direction regarding
nominations/appointments to the City's boards and commissions.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. 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, as set forth below.
1. Closed Meeting:
A. Consultation with Attorney -Under Texas Government Code Section 551.071;
and Deliberations regarding real property -Under Texas Government Code
Section 551.072.
1. Discuss, deliberate, consider, receive information from Staff and provide
Staff with direction pertaining to valuation of affected land tracts (U.S.
Highway 380 Utility Relocations -Bonnie Brae to Elm Street).
Consultation with the City's attorneys regarding legal issues associated
with the acquisition of the easement tracts necessary along U.S. Highway
380 (West University Drive), where a public discussion of these legal
matters would conflict with the duty of the City's attorneys to the Public
Utilities Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any
administrative proceedings or potential litigation.
2. Deliberate the purchase and value of real property interests for Public
Parks and Recreation purposes in the B.B.B. & C. Railroad Company
Survey, Abstract Number 160, and being an approximate 196.467 acre
portion of Tract II located at the North West Corner of the intersection of
Allred Road and Bonnie Brae Street, Denton, Texas; which acquisition is
for a public purpose. Receive legal advice from the City Attorney or his
staff concerning legal issues regarding the acquisition and/or
condemnation of such real property interests.
City of Denton City Council Agenda
July 15, 2008
Page 2
B. Deliberations regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
1. Receive a briefing and information pertaining to certain competitive
electric matters including, without limitation: present and future
maintenance issues, financial issues, operational issues, reliability issues,
and any related issues concerning the City's interest in, and its business
relationship with the Texas Municipal Power Agency; and discuss,
deliberate, consider, and provide Staff as well as the Denton City Council
with direction regarding such matters.
C. Consultation with Attorney -Under Texas Government Code Section 551.071.
1. Consider and hold a discussion related to a briefing from City's Attorneys,
relating to claims, potential claims, and settlement thereof for matters
pertaining to JNC Partners Denton, LLC v. City of Denton, including legal
advice related to future annexation, zoning, subdivision controls, plat
applications, annexation plans, development agreements, annexation
agreements, service plans, utility service, water rights, permitting and
other legal issues related to the future development of land, as proposed by
JNC Partners Denton, LLC.
2. Consultation with the City's attorneys to provide an update regarding legal
issues and remedies associated with the biodiesel program, and litigation
styled City of Denton v. Biodiesel Industries, Inc., et al., Cause No. 4:08-
cv-00173, currently pending in the U.S. District Court, Eastern District,
Sherman Division.
3. Consultation with the City's attorney regarding legal issues pertaining to
the existing agreement between the City of Denton and Charter
Communications regarding the Denton Television Network (DTV). A
public discussion of these legal matters would conflict with the duty of the
city's attorneys to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
4. Consultation with the City's attorneys regarding legal issues pertaining to
the Meet & Confer Agreement with the Fire Department. A public
discussion of these legal matters would conflict with the duty of the City's
attorneys to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER
EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET
City of Denton City Council Agenda
July 15, 2008
Page 3
S~ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
Regular Meeting of the City of Denton City Council on Tuesday, July 15, 2008 at 6:30 p.m. in
the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag/Texas Flag
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
B. July Yard of the Month Awards
3. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration. Citizens may speak on items listed on the
Consent Agenda. A Request to Speak Card should be completed and returned to the City
Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda
items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - R). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A - R below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance directing the publication of Notice of Intention
to issue Certificates of Obligation of the City of Denton totaling $10,685,000; and
providing for an effective date.
B. Consider a request for an exception to the Noise Ordinance for amplified sound
on Sunday, July 27, 2008, for the Texas Bicycle Racing Association's event
hosted by the Greater Denton Sports Commission. The event will be held from
8:00 a.m. until 7:00 p.m. and will cover several of the downtown streets. Public
address system will be used to make announcements and conduct the races. The
request is for an exception to the Noise Ordinance for amplified sound on Sunday.
City of Denton City Council Agenda
July 15, 2008
Page 4
C. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Real Estate Contract between the City of Denton and Larry &
Maureen Meyer, and any other documents necessary to acquire approximately
1.944 acres situated in the E. Morris Survey, Abstract No. 160, said Tract being
Lot 1, Block A, of the Tejas Testing Addition Final Plat, Filed June 29, 1994, in
Cabinet K, Page 255 of the Real Property Records of Denton County, Texas;
authorizing the expenditure of funds; and providing an effective date.
D. Consider adoption of an ordinance electing for the City of Denton, Texas, to make
current service and prior service contributions to the city's account in the
municipal accumulation fund of the Texas Municipal Retirement System at the
actuarially determined rate of total employee compensation; and providing an
effective date.
E. Consider adoption of an ordinance of the City of Denton, Texas, approving and
ratifying a Letter Agreement between the City of Denton and Texas Woman's
University regarding the TWU Triathlon event; authorizing and ratifying the
expenditure of funds in connection therewith; and providing an effective date.
($950)
F. Consider adoption of an ordinance to the City of Denton, Texas authorizing the
City Manager to execute a professional services agreement between the City of
Denton and Weaver and Tidwell, L.L.P. for independent audits; authorizing the
expenditure of funds; and providing an effective date (RFSP 4033-Audit Services
awarded to Weaver and Tidwell, L.L.P. in the not to exceed amount of $141,000
for 2008, $145,500 for 2009 and $151,500 for 2010). The Audit/Finance
Committee recommends approval (3-0).
G. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of the concrete pavement for the
compost screening area and the large truck access and turnaround facility for the
City of Denton Water/Waste Water Department; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3516-awarded to the lowest
responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the
amount of $253,741). The Public Utilities Board recommends approval (4-0).
H. Consider adoption of an ordinance accepting sealed proposals and awarding a contract for the purchase of an Automatic Meter Reading Infrastructure System
for Denton Municipal Electric; providing for the expenditure of funds therefor;
and providing an effective date (RFSP 4000-Automatic Meter Reading
Infrastructure System awarded to Trilliant Inc. in a five year amount not to exceed
$1,598,284). The Public Utilities Board recommends approval (6-0).
I. Consider adoption of an ordinance accepting sealed proposals and awarding a
contract for the purchase of an Interactive Voice Response System for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing
an effective date (RFSP 4008-Interactive Voice Response System for Denton
Municipal Electric awarded to Milsoft Utility Solutions in the amount of
$241,163.30). The Public Utilities Board recommends approval (6-0).
City of Denton City Council Agenda
July 15, 2008
Page 5
J. Consider adoption of an ordinance of the City Council repealing Ordinance No.
2008-128; awarding a three year contract for the purchase of temporary
employment services for various City of Denton departments for the City of
Denton; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4058-Three Year Contract for Temporary Employment
Services awarded to Labor Finders in the annual estimated amount of $200,000
for an estimated three year total of $600,000).
K. Consider approval of tax refunds for the following property taxes:
Name Reason Tax Amount
Year
1. GE Capital Solutions DCAD Supplemental Change 2002 $ 1,932.80
2. Sally Beauty Supply Company DCAD Supplemental Change 2006 $21,671.15
L. Consider adoption of an ordinance amending Chapter 26 entitled "Utilities" of the
Code of Ordinances of the City of Denton, Texas, by the addition of Article X
Entitled "Municipal Setting Designations", regarding the local rules adopted by
the City of Denton for Municipal Setting Designations; providing findings and
definitions, providing for the prohibition of the use of designated groundwater in
a municipal setting designation, providing for an application process for a
municipal setting designation, providing for public meetings and hearings, providing for notice to persons within the affected community, providing for
limitations on reapplication, providing for proof that response actions have been
completed on a site, providing for a penalty not to exceed $2,000 for violations
thereof; providing that a penalty shall be recoverable for each day a provision of
this ordinance is violated, and each such violation shall be a separate offense;
providing for a civil fine of not to exceed $1,000 per day for violations of this
ordinance, together with other designated legal and equitable remedies that are
available to the city; providing for a severability clause; providing for a savings
clause, repealing all ordinances in conflict herewith; providing an open meetings
clause; providing for city council approval thereof; providing for publication
thereof; providing an effective date. The Public Utilities Board recommends
approval (4-0).
M. Consider approval of the minutes of:
June 2, 2008
June 3, 2008
June 10, 2008
June 17, 2008
N. Consider adoption of an ordinance of the City of Denton, Texas to declare the
intent to reimburse expenditures from the Unreserved Fund Balance of the
Electric Fund with Utility System Revenue Bonds with an aggregate maximum
principal amount equal to $5,000,000 so that Denton Municipal Electric can
continue funding ongoing capital expenditures for expansion of the distribution
and transmission electric facilities; and providing an effective date.
City of Denton City Council Agenda
July 15, 2008
Page 6
0. Consider adoption of an ordinance of the City of Denton, Texas to declare the
intent to reimburse expenditures from the Unreserved Fund Balance of the
General Fund with Certificates of Obligation with an aggregate maximum
principal amount equal to $510,000 so that the Parks and Recreation Department
can acquire land for a new regional park; and providing an effective date.
P. Consider adoption of an ordinance approving a Purchase and Sale Agreement
between Petrus Investments, L.P. as Seller and the City of Denton, Texas as
Purchaser for approximately 196.467 acres of land situated in the B.B.B. & C.
Railroad Company Survey, Abstract No. 160, in the City of Denton, Denton
County, Texas; authorizing the expenditure of funds; and providing an effective
date.
Q. Consider adoption of an ordinance of the City of Denton, Texas to declare the
intent to reimburse expenditures from the Unreserved Fund Balance of the
General Fund with Certificates of Obligation with an aggregate maximum
principal amount equal to $550,000 so that the Library Department can begin the
South Branch Library Expansion; and providing an effective date.
R. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the renovation of the City of Denton South Branch Library; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4060-awarded to the lowest responsible bidder meeting
specification, J.C. Commercial, Inc. in the amount of $1,792,777).
4. PUBLIC HEARINGS
A. Continue a public hearing and consider adoption of an ordinance of the City of
Denton, Texas updating Impact Fees by Amending Chapter 26, "Utilities,"
Section 26-210 through Section 26-232 of the city of Denton Code of
Ordinances; adopting revised Land Use Assumptions and Capital Improvements
Plans for Water and Wastewater Impact Fees; establishing new service areas for
water impact fees; establishing new maximum impact fees per service unit and
impact fees to be collected; creating schedules for the assessment and collection
of impact fees; repealing section 26-222 (d); amending section 26-226 regarding
appeals; repealing conflicting ordinances and resolutions; providing for a
severability clause; providing for a penalty not to exceed $2,000 for each
violation thereof; and providing an effective date.
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas regarding the rezoning of two tracts of land totaling approximately
3 8.445 acres of land from a Regional Center Residential 1 (RCR-1) zoning
district to a Regional Center Commercial Downtown (RCC-D) zoning district.
The property is located along the west side of I-35E, approximately 1,500 feet
north of the intersection of Wind River Lane and Unicorn Lake Road and is
legally described as a tract of land situated in the J. White Survey, Abstract
Number 143 and the D. Lambert Survey, Abstract Number 784, Denton County,
Texas; providing for a penalty in the maximum amount of $2,000.00 for
City of Denton City Council Agenda
July 15, 2008
Page 7
violations, thereof, severability and an effective date. (Elk Springs, Z08-0006) The
Planning and Zoning Commission recommends approval of the zoning change
request (5-1) subj ect to an overlay district.
C. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding amendments to Subchapters 14 and 23 of the Denton
Development Code. The amendments are regarding the following items: parking
requirements for duplexes; revisions to the definitions of a structure and accessory
structures; and provide definitions for flatwork and principal structures; providing
for a penalty in the maximum amount of $2,000.00 for violations thereof,
severability and an effective date. The Planning and Zoning Commission
recommends approval (6-0). (DCA08-0003, Development Code Amendments)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Tabled - Consideration of adoption of an ordinance of the City of Denton, Texas,
for a zoning change from a Agriculture (A), Industrial Center General (IC-G),
Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1),
Community Mixed Use Employment (CM-E), and Planned Development 13 8
(PD-13 8) zoning districts to the Inspiration Master Planned Community (MPC)
zoning district classification and use designation; the area for zoning change
encompasses 3,331 acres of land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of
land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey,
Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey,
Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number
158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known
as Pilot Knob Ranch in the City of Denton, Denton County, Texas, providing for
a penalty in the maximum amount of $2,000.00 for violations thereof, severability
and an effective date. (MPC07-0001, Inspiration) The Planning and Zoning
Commission recommends approval (7-0).
B. Consider appointing a nominating committee to recommend appointees to serve
on the Economic Development Partnership Board.
C. Consider adoption of an ordinance repealing Ordinance No. 2006-175 and
amending Section 2-29 of the City Code relating to rules of procedure for the City
Council of the City of Denton, Texas; relating to the position of Deputy Mayor
Pro Tem.
D. Consider nominations/appointments to the TMPA Board of Directors.
E. Tabled - Election of Mayor Pro Tempore.
F. Tabled - Election of Deputy Mayor Pro Tempore.
G. Citizen Reports
1. Review of procedures for addressing the City Council.
City of Denton City Council Agenda
July 15, 2008
Page 8
2. Receive citizen reports from the following:
A. Nell Yeldell regarding Direct TV and other companies and no
protection against them.
B. Richard Carr regarding 2503 Shady Shores.
C. Bob Clifton regarding Legal Department Issues.
D. Robert Donnelly regarding open government and the development
code.
H. New Business and Announcements
This item provides a section for Council Members to suggest items for future
agendas, request information from the City Manager, and/or make announcements
of public interest.
I. City Manager's Report
J. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
K. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
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 , 2008 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY' S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Planning and Development
ACM: Fred Greene, 349-8351
SUBJECT - DCA08-0003 (Development Development Code Amendments)
Receive a report, hold a discussion and give staff direction on amendments to Subchapters 14
and 23 of the Denton Development Code. The amendments are regarding the following items:
parking requirements for duplexes; revisions to the definitions of a structure and accessory
structures; and provide definitions for flatwork and principal structure. The Planning and Zoning
Commission recommends approval of the Development Code amendments 6-0.
BACKGROUND
On May 7, 2008, staff presented several proposed Denton Development Code (DDC)
amendments to the Planning and Zoning Commission. The amendments included the following
items:
1. Parking requirements for duplexes.
2. Definition of a structure.
3. Definition of accessory structures.
Item 1-Parking requirements for duplexes.
Issue:
Staff has spoken informally to several local developers regarding building duplexes near the
UNT area in the DR-l, DR-2 or DC-N zoning districts. Duplexes are allowed by right in all
three zoning districts. The developers have suggested building duplexes in these zoning
districts with four or more bedrooms in each dwelling unit. No duplexes with more than three
bedrooms per unit have been permitted to date.
Summary:
According to our DDC and the building code there are no restrictions on the number of
bedrooms allowed in a duplex. Also, since a duplex is considered a single family structure
the developers are required to provide only two off street parking spaces for each dwelling
unit. While a single family residence is restricted to no more than four unrelated people
living in a single family home in the DDC, that requirement is very difficult to enforce.
Obviously, the development of duplexes with four or more bedrooms in these zoning districts
would create parking and traffic problems and could be detrimental to the character of the
existing neighborhoods.
Recommendation:
Staff recommends that Subchapter 35.14.4.A.1. of the DDC be amended as follows:
Single family dwellings. Two (2) spaces per dwelling unit; the spaces cannot be tandem
parking spaces. For duplexes, ...one ....additional parking space..., is required for each additional
bedroom over three, bedrooms.:
Item 2 -Definition of a structure.
Issue:
The City's Code Enforcement Department has received numerous complaints regarding the
extensive use of shipping containers and other portable storage units such as PODS.
However, these containers are not currently regulated by Code. While these containers are
meant for temporary use, they can create a nuisance for communities when used extensively
for long time periods, and when improperly located.
Summary:
To address this issue, Staff is proposing a text amendment that will regulate the location,
require screening, and place a time limit on these containers. To achieve this, staff is
proposing a revision to the DDC's definition of "Structure" to include shipping containers
and PODS. As such, these containers will be regulated in a manner similar to an accessory
structure, and will subject to requirements of Subchapter 35.12.4 of the DDC. In addition, a
temporary use permit will be required prior to placement and to administer a time limit.
Recommendation:
Staff recommends that Subchapter 35.23.2. of the DDC be amended as follows:
Structure: A xy ~t'~,'~t~t'r,'~re ~t~~,he~ ~o th° grvu r~ ` vr'hxch h a~ a `r~~f a x~ which ~ u~~ig n~u f
~~A r~A~~Ar ~niir~r~rr nr ann~nrnirA n~ r~Arrnv~r nr»m~~r nr r►rnr~Ar~~~ n~ nv~~r ~r~v~~ T~n~ «r~~n~ ~r Lll~ ~J11~1L~1, 11VUJ111~ V1 V11tr1Vi.71.11~ Vl ~J~1~JV11i.7, (.Lllllll(,L1J
V1 ~J1V~J~lI.~' Vl (.1.11' 11111\,1. 111(.LL YYllltrll 1~J
1,,._;~+ n.r nn.Y~ntr.ntA.~ • nom. An edifice ~r ►7~1 l.lVl.l.11 V of any kind or any piece of work artificially V1.i11L V1 VV11~,7<,11.1Vt,~il.1, (.Lll
built up or composed of parts joined together 11 same uefi 11LV alu~er anu which requires
location on, in, or above the ground or which is attached to something having a location on,
in or above the ground. Flatwork or in-ground swimming pools are excluded.
Clean Version:
Structure: An edifice of any kind or any piece of work artificially built up or composed of
parts joined together which requires location on, in, or above the ground or which is attached
to something having a location on, in or above the ground. Flatwork or in-ground swimming
pools are excluded.
The following will be added to the Subchapter 35.23.2:
Flatwork: Any impervious area such as driveways and walkways.
Item 3 -Definition of accessory structures.
Issue:
Currently by definition in the DDC perimeter fences and/or walls and swimming pools are
examples of accessory structures. What this means is that proposed fences and/or walls and
swimming pools must comply with the accessory structures requirements described in
Subchapter 35.12.4 of the DDC. In addition, if a property owner wants to provide screening
utilizing a fence and/or wall on a lot without a primary structure, they would be unable to
since a fence and/or wall is considered an accessory structure.
Summary:
Perimeter fences and/or walls and swimming pools should not be listed in the definition of
accessory structures as examples.
Recommendation:
Staff recommends that Subchapter 35.23.2. of the DDC be amended as follows:
Structure A ~ ~ A V ~ ~ n~ IILLtii3i,V1 ~7L1 l:I~.blll ~a , eeessory. l ~ n ,structure on t e same of wit an v.l...u
si~;e a nd nature customarily- is incidental and subordinate to, the principal structure. ~x ampler
n~nnnac+c+nr~r r+riin~iiror ir►n~ii~o ~ii+ nrv r~n~ ~imi~v~ ~n ~~o ~n~~n~inr►rr• ~o+nn~v~ rrnrnrror nr~~~nr Vl (.LVVL+~J~JV1~' J~1l.lVl.l.lll~~J llllrll.ll.lV, Vl.l~ (.LlV
11V~ llllll~Vl.l ~V, l.ll\. 1V11V VV111~. l.l\.~(AVllVl.l ~(A1(A~V~J (.Lllll/ V1
.~.,fl.~"~..~! .....................~!..'~.(1~.1`..~..,G?.,P..............~!..'~.~' 7...7..~.'~..~...~.1`.A..~..............~.Y1.~...A...(1~..~' Y1...~......................P..P..~!..'~..
.~1..~ 1..~...~..~'71..,flf..............(af..~^~.~.~'71..~..,~..~..]...~..P..~!.......................~.~..1..7.~...~ 1~ V..1 if71..~..Y1..,G?.............!'1~.(1~./~..~...~...............~1..~
1..~.. VGil~Jl71L~.7, iJLV1(.L~L ►7L1LiVLl.[1v~3 (.[1I1.1/ V1 l!(.L1I1~3, 11LL~.7L(.Lil\Tlll~ ~iVVllililGlJL~.7~ ~3VVI1i1111111~ ~JVVI~3 (.LlU
r~nn~ ~,niirac+• ~ONN1(7 WWII,-~r• rn~oll~fa ~,r~, nr~~nv~r~nr• ~rnnr~nv~~~nn ~irnr~~r~nr►r• nn~n~,nc+• rn~~n ~lVV1 11Vl.LiJV~J, LLr11111~J LrVl~lll.~J, ~J(.Ll.trllll.V
l.L1iJ11 (.LlllVllll(.LiJ, 11 VViJlUlll,l111~ YVV111~J11V~l~J, ~(.LL,VUV~J, 1(.Ll.l1V
nv~~ ~nr T`~ nv~+or~v~n r~riin~iirar v~n+ n~~nn~v~ ~n ~~o v~r~r~n~v~n~ r~riin+iiro• t~n~ra~ nronr n~~or ~~nv~ (.Llll.l! V 1 1 V (Ally V 1111(A ~J Ll l.llr L U 1 ~J
11V ~ ~(.LlrllV 1.1 LV ((L11L+ ~Jl 111V 1~J U 1 ~J Ll l.llr L l,ll V , ~ V lA (.Ll V (~J V L11L+1 ~ll(.Lll
~Y`]S7pIIIn~ICr nY1/Y SI7n~~TSI7/lilC~•,, /lYl~ ]'1A1^~YY]A'fAN__ tAY]l~tY1CT_ nY1~/nY` [ITn,~~C7 Flatwork Y V ~ cx~ ~ cxiiu vW urr~ ~~-u~ c~irrt ~~r irt~r.~r
i~t~tir~.. uY~r Vt vV urY~ 111-~r0un
swimmin Dols and fences or walls used as fences are excluded.
Clean Version:
Structure, Accessory: Any structure on the same lot with, and is incidental and subordinate
to the principal structure. Flatwork, in-ground swimming pools and fences or walls used as
fences_are excluded.
The following will be added to the Subchapter 35.23.2:
Structure, Principal: The structure in which the primary permitted use of the lot on which
the structure is located and conducted.
PRIOR ACTION/REVIEW
May 7, 2008 Planning and Zoning Commission Public Hearing
OPTIONS:
1. Approve as submitted
2. Approve subject to conditions
3. Deny
4. Postpone consideration
5. Table item
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the Development Code
amendments 6-0.
EXHIBITS:
1. May 7, 2008 Planning and Zoning Commission Minutes
Prepared by:
Ron Menguita
Planning Supervisor
Respectfully submitted:
Mark Cunningham, AICP
Director of Planning and Development
EXHIBIT 1
Page 73 page 75
1 ~~M~orrE~ wATv~: Reconvene at 5:05 t action following decisions, plat n~adification and
~ and I'm going to stay with the Public hearings and go to 2 expiration of relief.
~ 5~. Amendments Subchapter 3, ~ 3,14, ~ ~ and 23 of 3 Where' ~ lot there, Legal has prepared
~ the Denton l~evelop~nent Code: ~ this new set of procedures. Zt's fully coprehensiv~e
5 NCR. MEN~rrTA: Craod evening, Chair, 5 and it does con~p~y and conform with the near statutory ~ Members of ~ Commission, Before yarn are six ~ changes of the Texas
Local Cade of Crover~nents,
7 Development Cade amendments. They are listed here. 1 ~ . And lastly, Subchapter 35. x 6.4,8, l will
~ will read them real briefly. 8 be amended. Subchapter 35.16.8.1 wit] also be amended
9 The first one is: Conforming procedures 9 to add ~ "~n sorry that's 3 5.16. B.I.
to to statuary prov~slons, relating to local permits and tQ And lastly, Subchapter 35.16.~0.D will be
~ 1 proportionality of develapent exactions. 11 mended to add language related to the City's
i 2 The requirement of multiple unit i ~ participation as well as applicant's responsibility.
t3 residential dwellings and multiple family developments 13 ~ ~ lv. CU~v~r~~AM: Ron, l just want to
1 ~ have at least 40 percent of the wall facing the street 1 ~ clarify for the :record; Bullet Point ~o. 3, it' s
15 in window or door areas. I5 actually proportionality determinatian by the City
1 ~ No. 3: The requirements for residential 1 ~ Engineer and not the City Nranager.
~ ~ buildings, which face a street other than an alley, to 17 . ~tv~~'A: t'rr~ sorry. City Engineer.
. t S have at least ~5 percent of the wa11 space in windows 18 , R. CtrNN~.vxA1~; okay. .
tg and doers. ~ ~ 19 R. ~VIEN~r~'A: lten~ 2~; This ~ deals with
No. 4: Parking requirements for 20 the 40 percent of the wall facing the street being in
21 duplexes. ~ 2~ window and doors. Th1s apples to rnult~ple unit
5: The definition of the structure. developments as v~ell as rriultifamiXy,
. ~3 And : The definition of accessory ~3 The issue here is that 40 percent is
24 structure. 2~ has been high as far as carnplyin with it; Builders
25 ~ Y'ou have also this in backup but for the Z5 have complained about meeting. that requirement.
Page 74 ~a
1 viewing fobs, I would just really want to go through t Staff is proposing an amendment to
2 each one of these really quickly. 2 alleviate some of that frustration and also to be more
3 Again, Item I is related to the 3 architecturally compatible with the facade.
~ de~elopn~ent of exactions and proportionality. The issue 4 Staff's recommending that the existing
5 is that our I~es~ton Development Code is i- needs to be ~ regulation be amended and be amended as follows:
6 updated to follow .e conformity of the statutory ~ buildings that are located within ~0 feet
7 changes that were implemented about two years ago. ~ of the property line adj scent to a public or private
~ staff is reconzxnending that the proposed 8 right-of-way within 30 feet of the curb line of a public
9 amendments adds that to update to I~evelopmen~ Cody ~ or private right-af-way sha11 have at least 0
10 to follow statutory changes. I ~ percent
1 I ~ staff's recommending that subchapter t t we've dropped it from the 40 to the 3 ~
4 I'rr~ sorry. 3.3.4.A,1 and 35.3.4.B.2~.d of the l~ perrcent,
I ~ Denton Development Cade be deleted in theix entirety and 13 of the wall along the facades. . t 4 renumbered subchapter ~ 5.3 . ~ of the I]evelopment Code be 14
facades is defined as a front adj Dining a public or
15 superseded and be replaced in its entirety with the 15 private right-of-way where the bu~lding entranceladdress
1 ~ exaction proportional determination and appeal 1 ~ is located be windows or door areas.:All the facade
17 process --and appeal procedure, which is irr your backup t 7 which face a public or private right-of way, excluding
1 ~ as Exhibit l . ~ 1 S alleys, must contain at least 10 percent.
19 And quickly, the items in Exhibit 1 as 19 These are the other' sides of the
Z~ part of this appeal and proportional determination Z~ building. dot necessarily the front, but the sides. Yf
21 procedure is lined here. It has definition, purpose 2 t the side faces the street of public ar private
and applicab.ty and effect, Proportionality 22 right-af stray, it must contaa~ at least 10 percept of the
~3 determination by the City ll~anager, commission ~3 wall space 1n window or door areas or one opening per
~4 determination, appeals, processing appllcataons, 4 sleeping area, whichever is great. Shutters, trims, and
~5 decisions, action I'rn sorry criteria for appro~ral, faux windas will not b counted toward this ~0 -W
D~~N ~PUBLI EIN 1V~AY Page 73 -Page 76
Lm
Cond~n~eIt!
Page 77 Page 79
~ ~o percent, ox. if it' ~ on the side, the ~ 0 percent t fir. Cunningham and staff,
2 wln~ow and door r ~~~.1r1~nl. ~ Q11~MY~S~DNER T'~OMAS: ,dry, I thln~ he' S
3 Yte~n with the percent 3 got something.
4 C~N.IMIsSI~NER TH~A: Excuse n]e, 4 MR. CUNNTN~GHAM; If it' ~ the prerogative
5 Nix. angita, I have a question. of the Board, what you can da, you can request far this
6 MR. M~N'~rrfA: Yes.. G item. to be tabled and we can bring it back to you with a ? COM~sI~NER TH~A: Very quiC~ly and 7 definition or in a change of langge that
will clear up
S then I'll ask if you could continue. I would like a 8 exactly what is meant by multi-unit family.
9 real dear definition for multiple unit residential ~ 9 ~011~MIIONER TH~MA.S; okay, Thank you.
1 ~ dwelling. 1 ink we're all fam~.l~ar with rr~ultif an~.iXy, 1 ~ Please continue and sorry to ir~terpt.
t ~ but da we have a I have yet to see a definition that ~ 1 ~~~r~~~rA: That"s aii right, o we' 11
t 2 ~'eally ~larif ~~s tbat so 1f you .could g~~e me one d be 1 ~ comae; back to, this one.
13 very grateful. ~ 1 Item ~ deals with the ZS percent
~ 4 ~ MR, M~N~rtTA: That is my I don't have 14 requirement of the v~a11 space in windows and doors.
~ 5 a Development Code in front of me. The definition of a 15 This i primarily for residential development, single
~ ~ multiple unit development, it is grouped v~ith 1 ~ family.
17 n~ultif amity. I' d ask Jerzy if he could help me with ~ 17 The requirement as stated there that in
t:8 that request. t order for an application or a builder to meet the .
. 1 ~ . DRAM: ~ don't see anything in 1 ~ 25 percent, they've often used faux windows to meet that
~o subchapter ~3 that speaks: to a multiple unit residential 2~ requirement.
dwelling or multiple unit ar multi-unit, as a matter of Staff is concerned with the amount of
.fact, ~ . 2~ faux windows and we shared with the Commission .some
~3 1VIR, ~ta]~iNTNC~~AM: what will do at a 23 examples of developments of housing development that
future thne in the near future, we will go ahead and ~4 have been built with these faux windows.
create a defin~tian for that so that again it would ~5 The summary is that staff is recommending
Page 78 Page ~0
x eliminate any ambiguity or any misinterpretation of 1 that we retook at the issue of the ~ percent and where
2 exactly v~hat does that mean.. 2 right now it applies to a side as well as a front that's
3 C~II~ssIOrr~~ ~~s; Dkay: I'm assuming 3 facing the street. .
4 gourd still like us to vote on it without a def~nition7 4 what we're proposing here is to amend the
5 ~NINx: Ron, if you could ~ existing code regulation and amend it as follows:
6 explain historically what that had meant. ~ All walls along the front facade, again
~ M~~~ITA; ly understandng ~s that 7 front adj pining a public or private right-of way where
8 would probably fall under three units or more. S the building entrance is address~entrance is located,
~ Triplexes, fourple~es, that type of~development. A ~ 9 must contain at least 25 percent,
1~ opposed to multifamily, which you're looking at rno:re 1~ Again, this is the front of the house.
11 or less it's almost the sane but my understanding it ~ 1 t All other facades ~rhich face a public or
12 would probably be the triplexes and fourplexes. ,And the ~ ~ private right-off way, excluding alleys, must contain at
t 3 multifamily is, you know, more than that. 13 least I ~ percent so what we"ve done is we"v lowered the 14 C~M11~i~sI~NER THDMA: Is there any 14 ~5 percent for thane
side-facing homes that front a
15 clarif icatian b~etwe whether thane skewed towards t 5 street down to l 0 percent. And again, the 1 ~ percent
~ rental or owner-occupied? 16 will be of windows or Boars, whichever is greater or
17 ~t~t. M~N~~'~A: That Y don"t know 17 I'm sorry ar one opening per sleeping area, whichever
1 S ~R.AI~.~: There"s a classical lawyer t 8 is greater. Again, shutters, trims and faux windows
19 joke that the punch line is; what do you wa~at it to t9 will not be counted toward that 10 percent or ~5-percent
20 mean? o, you knave, maybe if it gets it off you ~D xequirement.
know, gets rid of the controversy if there's a strong 2~ ~4ff the-record discussions among the
sentiment towards it meaning anything in particular, we members.
could certainly revise the and add a definition ~ ~3 11~R. MENGYTA: In addition, staff" s
~4 between somewhere between here and Council, ~4 recommending that we add a definition. for window. I'm .
2~ ~~ff~the-retard discussion between ~5 going to read real quickly.
DENT~V P~ F~.I ~E~~N IIIIAY 7', Z~08 Page 7~ ~ Page 80
i
Conden~elt#'~
Page SS Page S7
~ E~'GITA: That concludes my 1 with one applicant right now and he has three different
2 presentation. 1 be happy to answer any question. 2 rnulti.fazr~i~ly structures that he's proposing far this one
~ COMMISSIQ~EIi "I~~11~AS: r:1l~angita, my 3 site because yon have to have a variety. one is 4 question in relation to what Council was bringing up 4 ~0 percent,
one is X4.5 and one is 2?.
~ for the location of a PDD, shipping co~atairxer, it's my 5 Naw, they're not all with 3 0-foot of the
6 understanding that those in the future will require a ~ front so it doesn't they don't all comply, but
7 permit to be on site. ~ there's a ail I'in saying is there's a variety of
8 MENCITA; A temporary permit, .yes. 8 percentages that you"re going to be getting, and any
9 COMMISII~I~ER THOMAS: Temporary. Okay. ~ hard number, you know, reduction from 3 a 40 to 3 D is
~0 And I a~ssurne there will be a finite period of time 1~ great but a hard number at 30 percent is still, you
11 that ~ 11 know, difficult --maybe difficult to obtain under
12' MR. ~IENGIT~; Yes. l~ certain circumstances, especially with the energy code.
~ 3 C~~Ih~ISSIONER THOMAS; --staff could tell. l 3 And I don't know, especially at this sate
1 ~ me what that gill be at this time. 14 date, if you could put anything in there that that
15 CUNN~TGHAM: proposal is to 15 number may be reduced if it's butting heads with the
t 6 create a te~r~parary use section within the code that 16 energy code or if the overall average within the
17 would list it's not an all-inclusive list, but it development because it is multifam.ily# if your
~ 8 would specifically call out certain items, such as 18 average ~is ~ ~ percent if one of the units could drop
19 shipping containers, ions and so forth, garage sales and l9 do~rn a little bit. And that I know itf s very late at
what have you that will assign different tune frames of . this late date, you knave, coming up and recommending .
~t perrnis~ibility and periods of use. ~ 21 something like. I,~ust thought of it today, carry.
. Z2 ~'ar instance, we would say' that you could 22 But, I mean that was the only thing I was
23 have three garage sales within a l~-month p~eriad or you 23 thinking, trying to build in Borne flexibility, I know,
24 could have a ion within a~ 3 a-day period and, of course, 24 makes it a rnare cumbersa.e regulation when you try to da
~S would allow for, you knov~} extensions and so. forth. And ~ that. amet~nes it defeats your purpose and _W but
. ~ Page SG ~ Page 88
~ we would also issue a permit. That way we could monitor t that's all I vas thinking. Thank you.
~ the date of when you actually put the on your 2 ~ ct~rrt~rllv~I~: Actually, Commissioners,
3 property and the day that itr s required to be removed. 3 we did look t exactly what Larry just spoke about,
4 Our goal was to regulate them with the 4 This 3 ~ percent is for rr~ultifaanily dwelling and the 3 a
~ definition of structure. But after we consulted with percent is only for the franc that faces the street
~ our legal department, it vas recommended that we do it a G where your address ar your door is.
7 different way and sa we're in the process of pursuing 7 ~ The other side, if you're an a corner lot
S that so that should be coming before you to the very S only requires 10 percent or one opening per living area,
~ near future. 9 whichever is greater.
~~MMISSIONER THOMAS: Croad. t~ ~ If you have a multi~aily dwelling, that
11 ~~MMISSIONER wAT~1NS: Any other t 1 30 percent that faces the front, you will have anterior . 12 questions? 12 walls sa if you can imagine a multifamily
dwelling nay
t 3 Okay. Thank you. 13 be on that front facade only one ar two. windows of the
~4 ~riR. MENCITA: You're welcome. t4 unit will actually have --.only one that particular
~ 5 COMMISSIONER i~ATI~II~fS: Sounds good, 1 ~ front facade may only have one ar two windows,, given the
t 6 Do we have anyone else that wishes to 16 fact that the interior walls will be common walls with
~ 7 speak far This amendment`? ~ 1 ~ the other units on the side sa it is very doable to
t 8 ~vIR. REICHHART. I didtr't f ill out a card i S reach a ~ 0 percent. And we consulted with our building
t9 I'm sorry; but, Larry Reichlia, Spring Brook Planning 19 divisions and eve also took into consideration the energy
~a Group, X405 ll~ustang Drive. It just one regarding the 2~ efficiency code and the objective of doing 1 ~ ar
21 3 ~ percent for multifamily, that first, I gat to 21 l percent as established by the City so that one
commend staff for continuing to bring these Cade 22 particular, 3 ~ percent is eery doable.
23 amendments forward. 23 ~~MMrSSrDNER'V~ATI~.I~NS: Anyone else that
~4 And the ~0 percent, obviously, your ~4 wishes to spear for ar against this amendment?
~5 dropping from 40 to 3Q is a very gaol; but I'm working ~5 . ley name is Cahn Ryan, I live
I~~NT~1J P~ PUBLIC ~.I0 MAY 7, ~~0$ Page 8~ -Page $S
Co~de~se~t1 ~
Page Page 9l
1 at ~ 128 Emerson. I just wanted to make comment an the 1 like to insert that that is referring to apartment
~ circular definition. when yau had a structure defined ~ complexes.
~ as an edifice of any lend. And edifice is defined~as a 3 Okay. And the multifan~ilY deve~apment,
4 building ar a structure. You are using the ward 4 based upon the short sidebar conversation that I had ~ "structure" in your defin~tian of structure. I didn't 5
with Mark, I would like to have that defined so that it
~ know if that was sarnething that we might want tQ laa~ at 6 refers to and is correct nee if I"in wrong yau said
7 trying to clear up or nat. Thank you. 7 that that was def~ned~ as duplexes, triplexes,
8 COMMISSIONER wATKI~l; Thank yau. Any $ quadplexes~
~ comment? ~ 9 1V~, ~UNN~HAM: Triplexes or above
1~ Okay. is there anyone else who wishes to 14 COMl1~I1I~l~E1~ T1~OMA~: The most, okay,
11 speak far or against this item? 11 MR. GUi~NI~SCxH.AM: The multifan~.1Y, Yes,
12 . MR MARIA; My name Rick Baria, and I 12 GOMMIS~ONER THOMAS: The i~ultifatnily and
1 ~ live t S 1 8 Edwards Road. I j ust wanted mention, Y 13 that says development. I think you mean multifamily
14 think some of these ideas are goad. I think that the 14 dwellings right there, da you not?
1 ~ reduction from 4D percent to ~ a percent is a move in the ~ ~ 11~. CUNNtN~HAM: It ~vauld st~l1 be
1 ~ right diractian. ~ t da wander why it has to have such a ~ ~ developments. when yau lank at the definition of
1 ? long paragraph to describe how we'll da that. ~ 7 deve~apment; it would still be a development.
18 tt would be easier probably to make it a 18 COMIVIIS~ION~1~ THOMAS: Okay. But I' d like
1 ~ little simpler. we could say that you could do it to ~ ~ to have a def~nltlan in there stating that that refers
the maximum allowance that you can sti11 meet the energy 2~ to the duplexes and triplexes,
21 code. when this particular ordinance was passed, I ~ 21 MR. C~1N~GHAM: Multifamily dwelling
thought that it would be a problem ahd it has prayed to 22 already have a definxt~an in the code that states that
23 be a problem. That ~,t's doff"icult to meet e~ energy 23 it's a triplex ar above.
24 code when yau have such a rnass~ve heat influx ar heat 24 ~O~YO~ER THOMAS: we11, it you
25 outgo because of the glaring and. t think that we're best 25 referred to a multifamily development, You can't ga
. ~ Page ~0 Page 92
1 just to let the designer who's designing the bui~diiig z back aid forth between these terms, If you. do, I mean,
~ make that dec~~sion and let the marketplace decide 2 our legal .staff doesn't have a dab.
. 3 whether or not they' ll~ buy the building. 'T'hank you. 3 . ~~NtNG~tIAM: we11, actually, I `m
4 COIIIONE~ wATN: Thank you, 4 trying to keep him a job so can
5~ A1~1 right. Anyone else wish to speak far . 5 what's the actual term that's used i~n
6 or agaxn~t this ainendrrlent? ~ the
~ Okay. U'e'1l close the public hearing. 7 OMM[SIONER I~NG: It's a triplex and
S Move an to discussion. S multifamily unit apartment} would that accomplish at
g Moon? ~ least, clarify?
10 ~~MN~SiONER THOMAS: Mr. Chairman 1 ~ OMMISStO~ER THOMAS; That' d just make e
X z gaily. z 1 happy as could be.
12 OIV~S~OI~ER wATK.~N: Yes, Mr. Thomas, 12 ~OIVSSIONER ~~VG: You say that, I' d
13 CO1VtSIONER TI~OAS: I think they turned . 13 second it. 14 these up far yau, George, 14 COMMISSIONER THOMAS: I don't know if I
15 I would like to move approval .with a 15 can say that. .
1 ~ clanfication in Item ~ referring to multiple unit z ~ DRAKE: well, in fact, I know that,
17 residential d~vellin and rnultifarnily development. one 17 you know, Mr. cyan brought up a point, It's a~valid
1$ of those words is referring to a type of structure and 1 S point of avoiding the circular definition here and I can
19 the other is directly out of our neighborhood t~ clearly see what" s intended here. vVe could certainly
residential land use categories, multi yau know, polish it up, I think that our intention should be
21 multifamily develaprnent. 2t fairly clear that as far as the structure is concerned
I'd like to see some clarification in ~ 22 we're.meaniaag for it to mean a building ar edifice or
23 that particular area, and I would prefer to ga ahead and 23 even same other construction that would. be above the
24 get this done instead of pas~paning a I would like 24 ground and joined to it, . And Y think we could probably
25 to in the multi-unit residential dwellirigs, I would 2S do some wardsmithing if that's the pleasure of the
DETO PAZ ~BLI EYON MAY 7, ~~~8 Page -Page 92
::r.:..
~a~den.se~t1 ~
Page ~3 .Page 95
1 ommisslan and to polish that up a little bit before Z
2 1t ge#s tQ allt]C1~. ~ 2
3 GMMIS~Y~NER TH~MA: ~Ve~l, ~ think that ~ .
4 that ~rould be a good idea because ~ that staff 4
~ always appreclates clal~flCat~on 1n these actions. MR. DRA.I~E: lure, exactly. ~ ~
'I ~1VII~ISSIONER KING: Fourplex can 7
S sorneties he confusing het~een residential and S
~ canerc~al or multifamily. Triplex, fourplex and 9 .
1~ multifamily unit apartment. Does that 10 ~ .
11 ~~~SIONER TH~As: That's a great I ~
~ ~ definition as f ax as I' m eon~cerne d sa 7 v~ou~.d like to ~ 1 ~
13 include that in my rnotian. 13
14 CG1VIlv~SSIDNER ~.A.~.K:E: Did yvu make a 14
1 ~ matian? 1 ~ .
1 ~ ~G1VIl~T~I~NER TI~GMAS: I did, And ~ 1 G
~ believe James seconded it. ~ 7
18 MR. CUNNINGI-IA; Ready? ~ 18
19 ~GMIVIItONE~ TH~~A: I thoug~t that a 19 .
~o dust gent ahead without you, sir. ~o .
~ ~ GMYI~NER I~~KE; Ron, I' m gang to 2 ] .
have I have a couple. ~ have a spelling and a .
~3 grammatical change far you let' dust go ahead and 23 ,
24 vote on it. .
25 CGIVIIVlIsIGNER KIND: i've got a red pen. ~5
Page 94 Page '96
~ CG~sSI~NER LYKE: I don't use a red 1
~ pen. Taa daunting. ~
3 ~CGIVIlVIrI~NER ~vATKIN: Ali right. James ~
4 seconded the mat~an,
5 ~ Please vote an the board, Six to zero in 5
6 favor. 6
~
8 $
9 ~ ~
I4 ~ ~ 1~
1~ ~ ~ 11
12 ~ I2
I3 I3 ~4 14
15 15
I~ I6
~i~~ ~7
Ig 18
I9 19
~0
~1 ~ ~1
22
24 ~4 .
~5
DENTO~T UBLI~ S~IC~N A~ 7, ~~~8 Page 9~ -Page 9~
Lm
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
Receive a report, hold a discussion and give staff direction regarding nominations/appointments
to the City's boards and commissions.
BACKGROUND
Following the procedures established by the City Council for board/commission appointments,
the attached timeline has been prepared for council consideration. The proposed timeline
provides for a streamlined nomination process for Council allowing for a specific meeting to
discuss nominations rather than at the end of regular meetings.
Board and Commission notebooks will be distributed at the July 15th council meeting. Council
will then have three weeks to contact individuals being considered for nomination to a board or
commission. Council is asked to provide the City Secretary the names and addresses of those
individuals they wish to nominate during this time.
A compiled list of nominations will be provided at the Work Session on August 5th for Council
to discuss with ratification of the nominations during the Regular Session on August 5th.
The Board and Commission reception will be September 9th with the swearing in ceremony
being televised.
Respectfully submitted:
Jennifer Walters
City Secretary
S:1Boards & Comm1AIS Timeline Meeting 2007.docx
PROPOSED TIMELINE
BOARDS AND COMMISSIONS NOMINATIONS/APPOINTMENTS
DATE ACTION
Week of June Z 3 Letter from City Secretary to current members
with expiring terms asking if desire to be re-
nominated, if applicable; letter from Mayor to
members with term limits
July 15 -Tuesday Work Session discussion on nomination process
and notebooks distributed
August 5 -Tuesday Council discuss nominations inUVork Session
Council vote on nominations in Regular Session
August 19 -Tuesday Council discuss nominations in Work Session
Council vote on nominations in Regular Session
August 20 -Wednesday Letters sent to new appointments,
reappointments of board/commission members
plus reception information
September 9 -Tuesday Reception -Work Session Room 5:30 - 6:00;
swearing in 6:00 -Council Chambers (televised)
S:\Boards &Comm\Proposedtimeline-council Z008.docx
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Finance
ACM. Jon Fortune
SUBJECT
Consider adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of
Obligation of the City of Denton totaling $10,685,000; and providing for an effective date.
BACKGROUND
This ordinance provides the Notice of Intention to issue City of Denton Certificates of Obligation (CO)
Bonds, Series 2008 as required by state law. The notice, which includes a maximum par amount of
$10,685,000, will be published on July 18, 2008 and July 25, 2008 in the Denton Record Chronicle. These
bonds will provide funding of $10,610,000 for project costs. The additional $75,000 is for the cost of
issuance. The City will sell bonds for a twenty year term with a ten year call provision unless otherwise
noted, for the following capital projects and improvements:
$ 300,000 Downtown Master Plan
510,000 Park Property Acquisition (Southwest Park)
1,000,000 Animal Shelter/Land
2,650,000 Public Safety Radio Antenna (10 years)
500,000 City Hall East Renovation
550,000 South Branch Library Expansion
2,300,000 Vehicle Replacement (5 years)
2,800,000 Solid Waste Projects ($1,800,000/7 years and $1,000,000/20 years)
$10,610,000 Total
The $10,610,000 in proceeds is $6,340,000 less than originally intended in the 2007-08 Capital Improvement Plan (CIP). This is a net figure that represents
the combination of deferring the $11.1
million bond sale for the Public Safety Training Center and the impact of adding the following projects
for FY 2007-08:
$ 300,000 Downtown Master Plan
510,000 Park Property Acquisition (Southwest Park)
1,000,000 Animal Shelter Land Acquisition
2,800,000 Solid Waste Projects
150,000 Public Safety Radio Antenna (addition to the $2.5 million already planned)
$4,760,000 Total
The Public Safety Training Facility is still considered a valid project. The purpose of deferring the sale of
debt is to more accurately match the timing of the debt issuance with the project commencement in the
next fiscal year. It is anticipated that the bonds for this project will be sold in FY 2008-09.
Agenda Information Sheet
July 15, 2008
Page 2
The current financing plan also includes selling approximately $7.3 million and $15.4 million respectively
in General Obligation (GO) Bonds and Revenue Bonds. All issues will be sold using a competitive bid
process on August 19, 2008.
The GO bonds represent funds for projects approved by the voters in the 2005 Bond Election. The
$7,301,000 of expected GO proceeds is $3,449,000 less than originally contemplated in the FY 2007-08
CIP. The following projects have been deferred until the next fiscal year in order to accommodate revised
project schedules:
1. US 377 Widening ($2,000,000)
2. Intersection Signalization ($290,000)
3. FM 1830 -design only ($800,000)
4. Land Acquisition/Parking Fred Moore ($90,000)
5. Prairie/Robertson Rail Trail Bridge ($269,000)
Concurrently with the sale of the GOs and COs, the Utility System will also sell $15,420,000 of Revenue
Bonds to fund the current year CIP previously approved by the Public Utilities Board and City Council
during the budget process.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
The Audit/Finance Committee verbally discussed this item in the June 3, 2008, meeting but no formal
action was to en.
FISCAL INFORMATION
The ordinance is for the authorization to publish the Notice of Intention to sell $10,685,000 of Certificates
of Obligation. A notice is only required for the Certificates. The General Obligation Bonds were
approved by the voters in the last CIP election and there is no statutory requirement to post such notice for
the sale of Revenue Bonds.
EXHIBITS
Revised CIP Plan for FY 2007-08 and FY 2008-09
Projected Schedule of Events
Ordinance
Respectfully submitted:
Bryan Langley
Director of Finance
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L-
Utility System Revenue Bonds, Series 2008
General Obligation Bonds, Series 2008
Certificates of Obligation, Series 2008
Projected Schedule of Events
Jun-08 Jul-08 Aug-08 Sep-08
S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 5 1 2 1 2 3 4
5 6
8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13
15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20
22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 29 30 27 28 29 30 31 24 25 26 27 28 29 30 28
29 30
31
Complete By Day Event
17-Jun-08 Tuesday Provide initial drafts of Preliminary Official Statements
to City and Bond Counsel for comments and modlficatlons
20-Jun-08 Friday Final Amounts and Projects Determined for Certificates
7-Jul-08 Monday Receive Preliminary Official Statement information from City
14-Jul-08 Monday Send revised draft Prehminary Official Statements
to City and Bond Counsel for comments and modlficatlons
and to credit rating agency and insurance companies
15-Jul-08 Tuesday City Council passes resolution authorizing Notice of Intent
Publication for Certificates of Obligation
18-Jul-08 Friday First Pubhcatlon of Notice of Intent to Issue Certificates
23-Jul-08 Wednesday Rating Agency Conference Calls
25-Jul-08 Friday Second Publication of Notice of Intent to Issue Certificates
7-Aug-08 Thursday Finalize Preliminary Official Statements Distribute electronically through i-Deal Prospectus
13-Aug-08 Wednesday Receive credit ratings
19-Aug-08 Tuesday Take Bids on Revenue Bonds, GOs and COs
City Council Considers Adoption of Ordinances
23-Sep-08 Tuesday Closing & delivery of O0, CO & Revenue funds
5/16/08
ORDINANCE No. ~oo~-
AN o~DrNANCE
DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION OF THE CITY OF I~ENTON; AND FRO'~IDIN~r ~`OR AN EF`ECTIVE DATE
TIC STATE OF TEXAS
• CO[~NTY OF I]ENTON
CITY OF DENTON
WHEREAS, it is deemed necessary and advisable that Notice of Intention to Issue Certifcates of
Obligation be given as hereinafter provided,
THE COUNCIL OF THE CITY OF DENTON I~RE~Y ORDAIN:
Section I, That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES
OF OBLIGATION OF THE CI'I~Y OF DENTON",the form and substance ofwhich are hereby adopted and
approved, and made a part of this Ordinance for all purposes.
Section II, That the City Secretary shall cause said NOTICE, in substantially the form attached
hereto, to be ubiished once a week for two consecutive weeks in a newspaper of general circulation in the
p City, with the date ofthe first publication to be at least thirty~one X31}days before the date tentatively set for
the passage ofthe Ordinance authorising the issuance of such Certificates of Oblrgat~on,
Section III. That this Ordinance shall become effective immediately upon its passage and approval.
i
PASSED AND A~~R~~ED this the 1 nth day of July, BOOB.
Mark A. Burroughs, Mayor
.~ennifer ~Va~t~rs, City Secretary
APP~.DVED AS TD EE~AE FD~M:
John Fight, inter. City Attorney
TIDE 1 ATE ~F T~XA~
COUNTY DF DENfiDN •
CITY OF DENTIN
NOTICE OF TNTEN'TIDN
To IsUE CERTIFICATES a~ ~~I~I~ATION
DF T CYT~ CAF DENTIN
THE CITY DF DENTON, in Denton. County, Texas, hereby gives notice of its intention to issue
CITY ~F DENTDN CERTIFICATES OF OBLICATIDN, in accordance withthe Certificate afDbligation
Act of I971, as amended and codified, and other applicable laws, in the maximum principal amount of 10,~55~OQ0 forthe purpose ofpayin~g ail or a partian ofthe City's contractual
obligations incurred pursuant
to contracts for the purchase, construction and acquisition of certain real and pervnal property, tv wit: ~a}
acquisition of land for, and design, canstruction and equipping af, a public safety radio antenna; ~
renovations and improvements to, and equipping of, existing municipal facilities, including City fall East
and City libraries; ~c} improvements to the City's solid waste dispasal system and acquisition of related
equipment; ~d} acquisition of land for, aid design, construction and equipping of, animal shelter; fie}
acquisition of vehicles and equipment far the City's motor pawl; and ~I} acquisition of land for and
improvements to municipal parks; and also for the purpose ofpaying all or a pardon afthe City{s contractual obligations for professional services, including engineers, architects,
attorneys, map makers, auditors, and
Financxa.l advisors, in connection with the preparation. afthe City`s master plan far downtown improvements,
and with said Certificates of Obligation. The City proposes to provide for the payment of such Certificates
of Obligation from the levy and collection of ad valorem taxes in the City as provided by lour, and from
certain surplus revenues knot to exceed $I0,040 in aggregate amount} derived by the City from the ownership
and operation of the City's Utility System consisting of the City's combined waterworks system, sanitary
sewer system, and electric light and power system}, The City Council of the City tentatively proposes to
author~e the issuance of such Certificates of obligation at a meeting commencing at x;30 p.m, on the l9th day of August, 2005, in the City Council room at the Municipal Building
{City Fall}, ~ 15 E. Mcl~inney,
Denton, Texas,
CITY DF DENTDN, TEAS
By; Jennifer I~, Walters, .
City Secretary
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Parks and Recreation
ACM: Fred Greene
SUBJECT
Consider a request for an exception to the Noise Ordinance for amplified sound on Sunday, July
27, 2008, for the Texas Bicycle Racing Association's event hosted by the Greater Denton Sports
Commission. The event will be held from 8:00 a.m. until 7:00 p.m. and will cover several of the
downtown streets. Public address system will be used to make announcements and conduct the
races. The request is for an exception to the Noise Ordinance for amplified sound on Sunday.
BACKGROUND
The Greater Denton Sports Commission will be hosting its third annual Texas Bicycle Race on
July 27, 2008, on the Downtown Square and surrounding streets. The event will attract a number
of cyclists from cities throughout the metroplex due to the uniqueness of being able to race on a
downtown route. Announcements using amplification will need to be made during and between
races.
EXHIBITS
Letter of Request from Denton Sports Commission
Respectfully submitted:
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Janie McLeod
Community Events Coordinator
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AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Facilities Management
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager or his designee to execute a
Real Estate Contract between the City of Denton and Larry & Maureen Meyer, and any other
documents necessary to acquire approximately 1.944 acres situated in the E. Morris Survey,
Abstract No. 160, said Tract being Lot 1, Block A, of the Tejas Testing Addition Final Plat, Filed
June 29, 1994, in Cabinet K, Page 255 of the Real Property Records of Denton County, Texas;
authorizing the expenditure of funds; and providing an effective date.
BACKGROUND
In February 2009 Denton County Transportation Authority (DCTA) will acquire the existing
Facilities Management building, located at 604 E. Hickory Street, for use as part of their future
plans for service in Denton. This will require that Facilities Management relocate their
operations in a relatively short time frame.
Staff has identified a suitable replacement property and come to terms with the property owner
for the acquisition of the subject property, which is located at 869 Woodrow Street. The site
contains 1.944 acres of land, an approximate 8,000 square-foot single story office/warehouse
building, and related site improvements. The land acquisition cost is consistent with market area
acreage values in the area at $3.00 - $4.00 per square-foot. This tract will provide a suitable
central location for Facilities Management, with adequate space for long term growth.
RECOMMENDATION
Staff recommends adoption of the ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council Executive Session May 2008.
Agenda Information Sheet
July 15, 2008
Page 2
FISCAL INFORMATION
The acquisition cost is estimated at $700,000, in addition to anticipated closing costs and
Environmental Phase I Reporting of approximately $5,000. The funds for this acquisition are
coming from the DCTA purchase of 604 East Hickory Street.
EXHIBITS
1. Location Map
2. Ordinance
3. Contract
Respectfully submitted,
Bruce Henington, Director
Facilities Management and Fleet Services
Prepared by
Pamela England
Real Estate Specialist
LOCATION MAP
1
e Legend
1 inch equals 100 feet 869 S . Woodrow
s:lo~r ~ocumentslord~r~ancesl0$1569 Woodrow ~rdinance,~~c
ORDINANCE NO.
AN ORDINANCE AUTHORISING TFIE CITY MANAGER, OR HIS DESIGNEE TO
EXECUTE A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND
LARRY MAUREEN IVIEYER, AND ANY OTHER DOCLJN~NTS NECESSARY TO
ACQUIRE APFROXIMATELY I.~q~4 ACRES SITUATED IN THE E. MORRIS SURVEY
ABSTRACT NO. I SAID TRACT BEING LOT 1, BLOCK A, OF THE TEAS TESTINC
ADDITION FIl~AL FLAT, FILED JUNE Z9, I99~, IN CABINET PACE X55 OF THE
REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AUTHORISING THE
EXFEND~TURE OF FUNDS AND PROVIDrNC AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Real Estate Contract attached hereto and made a part hereof b
reference the "Contract"~ is hereh~ approved. The City Manager ar his designee i hereb
author~~ed to execute the Contract on behalf of the C~t~r ar~d to carry out the Cit~r' rights and
dunes therein, including the expenditure of f~u~ds provided therein.
SECTION This ordinance shall become effective immediately upon its passage and approval.
FAS SED AND APPROVED this the da~r of X008.
MARK A, BURR.OUGHS, MAYOR
ATTEST:
~ENNrFER FALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
TOXIN 1VI. KNIGHT, INTERIlVI CIT TTORNEY
BY:
i
A
~E~~ ESTATE ~uTr
STATE OF TEXAS
~UNT1f ~F DE~1T~N
THIS ~NT~AT CAF A~.E ~ made by, Larry A~ N~eyer and Maureen Me er
Y, hubnd and wife thereinafter referred to ~ T'Se!leri'} and CITY ~F DE~T~~
TE~CA, a ~eme rude n~uni~ipal~tY, of Denton Benton oun Tex~~
tY, ,
thereinafter referred to as "Purh~ser"~, upvn the terms and conditions set forth
herein.
PURCHASE AN ~ SALE
Seller hereby sells and agrees to convey, and Purchaser hereby purchases and
agrees to pay for all that certain tract, lot yr parcel of land boated in the E. Morris
Survey, Abstract KGB, dot 1, Blvcl~ A, containing approximately ~.g44 acres as shown in
►E~HI~IT A', attached heron, ~u~th alb rights ar~d appurtenances perta~n~r~ tv the said
propertyr including any right, title and interest of Seller !nand to adjacent streets, alloys
or rights-of-way, together with any improvements fixtures and ersonal ro e p p p ~y
situated on and attached to the Property fall of such real property, ri hts, and g
appurtenances being hereinafter referred to as the "Property"}, ~ for the consideration
and upvn and subject to the terns, provlsivns, and conditions hereinafter set forth,
~I,
PURCHASE P#iIE
1. Amount ~f Pur~ha~e Prue. The total purchase price for the Prvpe
shall be the gum of Seven Hundred Thousand Dollars and Nv dents
~7vv,OVV.~o} {the "Purchase Price"}.
Pa n~ent of Purchase Prue, The full amount of the Purchase Price shall
be payable in imn+rediately available funds at the closing.
Escro~► _ Deeosit. Fvr the purpose of securing the performance of
Purchaser under the terms of this vntract, Purchaser has delivered to
Sendera Title of Texas, Ir~c,, the sum of 1,0~0.°~, the Escrow Deposit,
which wi II be deposited in a n ~ nterest bearing escrow account. Said escrow
deposit shall be paid to Seller in the event Purchaser breaches this contract
as provided in Article ~ of this contract. At the clvsin ,the Escrow De osit
p will be paid over to Seller and applied tv the cash portion of the sales price,
I
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4 S 1 T
y 1
to the t~t~e company that one or r~ore of the cond~t~ons to its ob~~gat~ons set
forth in Article III have not been met, or, in the opinion of Purchaser,
cannot be satist~ed, as provided for in Article III, or Seller his breached this
contract as provided in Article Ix, then the Escrov~ Deposit, less X100.00,
uuhich is nonrefundable independent consideration for the feasibiii eriod tY P
provided in Article III the "Feasibility Period Consideration"~, ~vi~l be
immediately returned by the tithe cor~pany to Purchaser and this contract
shall terminate and be of na further force or effect.
TII.
F~AIBILTTY ~~vT~VI~JI~HT ~F ~NTI~
1. F~~~ib~~i Review Ri ~t ~f ~n~ .Par ninety X90} .days from the Effective
Date Of this Agreement ~`~easi~l~lty ~eviev~ Period"~, Purchaser and its agents and
contractors may enter upon the Property to perform environrr~ental audits, soil tests,
engineering and feasibility studies of the Property. 1l4lithin ~ days after the Effective
Dote Seller shall deliver to Purchaser ~ copies of all environmental audits, soil tests,
engineering and feaslbllit]I studies of the Property that Seller has v~ithln Its custody or
control. If the results of such audits, tests or studies, or Purchaser's rev~evu of title,
survey or any other matters relating to the Property are unsatisfactory, Purchaser nay
terminate this Agreer~ent by giving Seller v~rritten notice before the end of the Feasibility
Revier~ Period. If na such v~rritten notice of termination is given before the end of the
Feasibility Reviev~ Period, the Property vwrlll be deemed suitable for Purchaser's
purposes. In the event of such termination by Purchaser, then Purchaser shall
surrender to Seiler copies of all audits, soil, engineerin ,and an other re orts re ared 9 Y p p p
for Purchaser pertaining to the Property and such reports gill become the sole property
of Seller ~IlithOUt cOSt or expense ~f Seller and thls Agreer~ent v~ill terminate ~Nithout
any further force end effect, and ~rithout further obligation of either party to the ether.
IV~
PU~I~HAR~ ~~LIATII~
The obligations of Purchaser hereunder to cansun~rnate the transactions
contemplated hereby are subject to the. satisfaction of each of the follo~ring conditions
any of v~rhich may be Waived in vuhole or in part by Purchaser at or prior to the closing.
1. Prli~mina T~~~e Re ort. ~IVithin ten ~io~ days after the date hereof, Seller,
at Sellers sole cost and expense, shall have caused the Title Company ~herei~after
defined to issue a o~rner's policy comrnitr~ent the ~~Commitn~ent"~ accompanied by
copies of all recorded documents relating to easements, rights-ofv~ay, etcr, affecting
the Property, purchaser shall give Seller r~ritten notice on or before the expiration of
ten X10} days after Purchaser receives the omr~itment that the condition of title as set
Earth in the Co~imiti~nent is or is not satisfactory. In the event Purchaser states the
~ ~
3 ~ ,
4' w i
~ .f'
cond~t~on of title ~ not satisfactory, Seiler shall, at Seiler#~ option, prorr~ptly undertake to
eliminate or modify all unacceptabEe matters to the reasonable satisfaction of Purchaser.
~n the event SeiEer ~ unable to do so ~rithin ten ~1~} days after receipt of Britten
notlce~ Purchaser, at its option nay elect tv terr~~nate this Agreement ~~n h~ch event
this Agreement shai! be nail and void, grant Seller additional time to cure, or roceed
p to closing, Purchaser fa~Eure to give Seiler this vwrr~tten nonce shall be deemed to be
Purchaser's acceptance of the commitment. .
urve . Eier, at Sell er's sole cost and expense, shalE obtain a current ALTA
urveyr ~rh~cE~ shalE be rn accordance v~r~th the tl~en~current 'Accuracy Standards for
Land Title Surveys'f ~"Accuracy Standards"} as adopted, from tine to time b the y
lliat~onai Society .of Professional Surveyors, and that ~ prepared by ~ duly licensed
Texas land surveyor acceptable to Purchaser.. The survey shaEl be stared on the
ground, and shall shove the location of ail improver~ents, highuvays, streets, roads,
raiEroads, rivers, creeks, or other pater courses, fences, easements, and rights-of-era
on or adjacent to the Property, ~f any, and shall contain the surveyor's cert~ficat~on that
there are no encroachments on the I~roperty and shall set forth the number of totaE
acres comprising the Property, together v~rith a metes and bounds description thereof.
Seller shalE deEiver the survey to Purchaser Within fourteen ~~4} days of the effective
date herein. ioiEoing delivery of the Survey► the parties agree to amend this contract
to substitute the metes and bounds description of the Property set forth on the Surve . ~
for the current decr~pt~on set forth herein ~f the current descr~pt~or~ Es different from
that set forth in the purvey. SeEler ill have the survey updated prior to the closin 9
date to reflect any encur~brances that affect the subject property in accordance uvith
the title '►ornrnitment" discussed in section X11, paragraph ~ above.
Purchaser vviil have ten X10} days after receipt of the survey to revie and
approve the survey, In the event the survey ~s unacceptable, then Purchaser shall
v~rithin the ten {10} day period, give feller ~rritten nonce of this fact. Seiler shall, at
seller's option, promptly undertake to eii~ninate ar modify the unacceptable portions of
the survey to the reasonable satisfaction of Purchaser, to the event seEEer is unable to
do so v~ithin ten ~~D days after receipt of Britten notice, Purchaser, at its option ma
elect to terminate this Agreement ~~n vvh~ch event this Agreement shall be nail and
void, grant seller additional time to cure, or proceed to closing. Purchaser's failure to
give seEler this vuritten notice shall be deemed to be Purchaser's acceptance of the
survey.
. ef~e,r' ~q~~~. seller shall have performed observed and com iced
p with aEE of the covenants, ag reen~ents, and conditions required by this Ag reernent to be
performed, observed, and complied vuith by SeEEer prior to or as of the cEosing,
~
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4
. ~
R~PRE~NTA~xN AND I~RAN~`IE ~F ~~.L.E~t
ell er hereby represents and vuarrants to Purchaser as fol[o~rs '
~uhich representations and arrant~es shall be de~r~ed made bar el[er to Purchaser also as of
the closing date;
`~A Co~d~t~on. Properly to be sold in "A 7" conditlon~ ho~vever
nothing herein shall be construed to release dischar a or h f . g old harfnle, any of e[ler ~
predecessors ~n title.
. v~.
~~~N
The closing shall ~e held at the ofl•ice of enders Tithe o an fan Jacinto ~
blvd., u~te X10, Denton, Texas 7~~05 on or before October ~~08 or at such ' title
company, time, date, and place as feller and Purchaser may n~utua[l a ree u on Y 9 ~
~v~h~ch date ~ herein referred to ~ the '~cios~ng date's}R
~~.DaTN RE~uI~EN~ ANT
~Il~r's R u~~em~nt, At the c[oin~ yeller ha[!~
A. Del giver to the City of Denton a d ~ ly executed and acknov~led ed ec~a [
. ~ ~ V~arranty Deed, in the fora of attached ehibit the "Deed' and ~ ~
incorporated herein by reference, conveying good and marketable title in fee
simple to of the Properi:y, free and clear of an and all liens
Y encurnbrances~ cond~t~ons, assessments, and restrictions exce t for the
. p fol[o~u~ng:
General real estate taxes for the year of closing and
subsequent years not yet due and payable;
Any exceptions approved by Purchaser pursuant to
Purchaser's ~bl~ at~ons hereof, and
An}~ exceptions approved by Purchaser in rruritin .
9
Deliver to Purchaser a Texas ov~ner~s Policy of Tale insurance at teller's
expense, Issued by Senders Tt[e ornpany, Denton, Te~~s the r~T~tle
P~~~ 4
i
L~~rl~~~n~I1i}, Dr Jl~h ~ t~t~~ an'~~~ny ~ e~~e~' ~n~ ~U~~~
aser 1~nay mutually agree upen, in Purchaser's favor ~n the full amount of the urchase
. p price, 1ns~lr~n fee slrnple title far tha pity of Benton to tie Pra uh'e
p ~y ~ ct only to those title exceptions listed in losin Re u~rel~nents h r
. e eof, such other exceptlall a lay be appraved in vuritin ~ P~Irchaser and the
~ , standard printed exceptions contained 111 the usual fo1'1~ ~f Texas Ov~nerT .
Policy of ~tle Insurance, pravidedr haever:
The beunda~y and survey exceptions shall be
deleted if rewired by Purchaser and ~f sa r aired the
cots asseclated ~vlth~ sable shall barne bye"
P ~ e
The exception as to restrictive covenants shall be
endorsed 'rNone of ~ecord'1,
. The exce tiara far. taxes shall be , ~ . ~ m Ited to the yea r
of closing a1~d shall be endorsed "Nat het Due and
Paya~le'f; and
4. Tl~e exceptlan to lens encumberln the Pia e
shall be endorsed f'Nane of Record'.
. ~t Sellers sale cast and expense Seller shall delive . r the Properly at
ciasing to Purchaser 1n goad clean candltlon free and clear of all debris,
and persanal praperty~ ~n additlen, at elrer's sole cost and ex gene, ail
heating, Gaoling, plumbing, electrical tet~n and an b~,lilt~in sY y appliances
v~ill be in gaod repair, clean, and fully a enable condition at t p he time of
clasi rag,
deliver to Purchaser possession of the Pra a on the da of cl ~ Y y osing.
Purcha~~'~ R~ ~ireen Purchaser shall a the c n
~ t~ ~ ~ a lderatlorl ~ referenced In the Purchase Price sect~an of this contract at l aing In ICl'1nledlately
available fund The Escror deposit shall be a lied to the urchas , pp p e price at iosing.
I~~n ~t. feller shall pay all taxes assessed b
. y any tax collection ~uthorlty through the date of loslllg, Ali other Dt and ex .
penses of closing In consul~nnlating the sale and purchase of the Pro a not s eclficall all
p p y ocated here,n shall be paid by the Seller, except each pa gill be res ansible f
~Y ~ or its vvun attarne fees. y
~
#~EAL ESTATE ~~MMISS~N
Purchaser has not retained broleer far this transaction. Seller shall b r ' espons~ble
for any rea! estate fees, commissions, ar other rnanies oared to an r y b oker a ~ result of
the consummation ~f thl5 contract.
x~E
BREACH ~Y SELLER
If Seller fails to fury and timely perform any of its obli ations under this . ~ Contract
or fails to consummate the sale of the property far an reasan exce t P r ' y ~ ~ u chaser s
default, Purchaser may: enforce specific erformance of tf~i Con ~ tract, or
terl'~lnate this contract and reCelVe the EsCra~u Deposit the l=eaibili ~ , r t]I erlod
Cons~derat~an, fr~rra the title company.
Bi~EAH BY' P~RHASER
In the event Purchaser fails to consummate the urChase of the Pro a if
~ P Seller is not in default under this Contract, feller ~vill have the ri ht to 1
g ~ }enforce specific performance of this Contract; or receive the Escro~r De alit fram `
p the title company, a l~qu~dated damages far the failure f Purchaser to erform the duties
p Imposed on it by the terrns of this Contract. ~f Seller opts to receive the Escro~r De '
. p~lt~ Seller agrees to accept this cash payment as total lama es and as Seller's on!
9 y remedy under this Contract rn the event of Purchaser`s default.
~CI~
~fISELLANE~L~
Asi~nment ~f Apr,„nt. Purchaser may asi n this A ree~ent v~ith
, g 9 out the express uwrr~tten consent of Seller.
Sury~~f~ oven~nt. Any of the representations v~arranties coven ants, and agreements of the part~esf as ~vel! as any ri hts and benefits of the '
, 9 parties,
pertaining to a period of tune follov~ring the closing of the transactions contem late ~ d
hereby shall survive the Closing and shall not be rner ed therein.
Nom. Any notice required or permitted to be delivered hereunder sh ! ~ I be
deemed received vuhen sent by united States mail osta a re aid Ce ' . , ~ p g p p rtified n~atl,
return receipt requested, addressed to Sel !er or Purchaser, as the case ma be at the t
~
i
i
been returned to Purchaser vuithin thi a da after •
~Y ~ ~ Y Purchaser executes this Agreement and delivers same to feller, Purchaser shall have the r'
~ght to terminate this Agreement upon v~ritten notice to feller.
1. Effeiv~e bete. The term "Effective Date" means the utter of the dates on
which this Ontrct i signed either feller or P~~'Chaer . as ~nd~cated ~y their
signature belov~. If the last party to execute this contract fails to com l . p ete the date of
execution belovu that party's signature, the date the Title om an . p y acknovuledges
receipt of a copy of this fully executed contract is the Effective Date.
IN 1ITIE ~ERE~F, feller and Purchaser have executed this contr act as follov~rs#
SELLER;
SELLER:
Larry Meyer and Maureen Meyer, l~usb~nd end ~Nife
Lerry~ A. Meyer
By .
Nfauree~ Meyer
P~R~AER;
TTY ~F DE~T~N,
A ~~ME RILE N1UNII~ALIT1~~ ~F DEI~T~N,
~ENT~~V ~UNTY~ TEAS
i
eor~e ampbel~
qty Manager i:.
E. M~inney
Denton, Texas ~~~1
Date:
~
4 + ~
5 4
4
~ITTET~
~~NNIFE~'~AIALTE, CITY ER~TARY
BY*
~4P~R~11ED A T~ LEGAL ~~1~~;
E ~1~II ~ M ~ NIf ~ E ~ CITY ATT R~ EY
i
TITLE ~N~~ANY EPT,A~E A►~VD A~~V~INLE~EME~VT
The Tile one a~kn0~v~ed ~ r ~ . p Y ~ ece~pt of the fuit ~xe~~ted ~n~r~c on d~
of ~ . 00~y
TITLE C~~ PA~IY:
~~r~e: Senders Tithe
Add~es; ~~~D San ~acin~o ~~vd.
Suite #~0
Benton, Tex 7Q5
Telephones 940-44~~~0
~rln~e~
Title:
PAGE ~
ti S
~ 1 ~ i ~ ~ m r` N 0.
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wY~~ ~ ~ ~ ~ ~ ~ a a ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ 4 ~ a - V~ war ~
w~ ~ ~ ~ ~ ; Q~ ~ ~ ~ ~ ~ ~a ~ ~ ~ t ~ w ~ ~ ~ ~
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a~ ~~s ~Fi'~44 Ak 00~L~,00 a ~frc ~ ~ m i ~ 4 ~i ~ ~ K s a ° ~ ~ # ~ ~ ~
Q + ■ O
pryy - ` ~ ~ ~~~W I } ~ ~ ~ 6 C e ° ~
~ ~ ~ ~ ~ ~~~t~o ~ C
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~ ~ F■~~~ ~~~r~ C ~ ~
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~ ~ ~ ~ W~ i~ r~ ~x'~flc w` U A ~ L,.~ ' F~ i ~
~ f ~ ~J r _
~ 1 ~ ~ ~ ~ T~'1 4 I .fir 4 ~ # .S ' H - ~ r ~ 'rk~ ".~..i .
Q ~ .•L ~
~ ~ } r~r i~l 11-
~ i
~ sit ~ ~ ~1 1G14
~~~d
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1 r 1 5
t
E~CHI~IT ~
~EIAL ~JVARRANTY SEED
NTI~ ~F ~~VFIDENTIALITI( RIGHT: IF ~~U ARE A NATURAL DER
GN,
1~~U MAY REMGVE ~R TR~~E AMY GF THE FGLL~'INC IN FGRMATI N
FRAM THIS INSTRUMENT BEFORE IT I FILES FAR RE~R.D IN THE ~UBLI
RERD: 1fUR DIAL SECURITY NUMBER oUR DRIVER' LIENE
N~IMBER.
THE STATE ~F TEA,
~N~1 ALL MEN BY THEE ~REENT COUNTY of DENTIN
THAT the undersigned, Larry A. Meyer and Maur~~n Me er husband and
, uv~fe, thereinafter referred to as "Grantor", vuhether one or more for and in
consideration of the sum of Ten and I~o~~o~ ~oliar ~$10.0o and other ood and
~ ~ valuable Consideration t0 it In hand pall by ! Denton Te~ca ~ horns ru!
► r ~ n~un»:pa~~ty thereinafter referred to a "Grantee"~, the revel t and suf~cien of
~ cY ~uhich is hereby acknovuledged and confessed, his RANTED LLD AND
CONVEYED, and by these presents does hereby RANTS SELL AN ~ CANVEY unto
the said grantee, the real property containing approxin~atel 1.944 acres of land y ore
particularly described and illustrated in Exhibit attached hereto and made a art . ~
hereof, together v~rith all ii'nproverr~ents, rights, a urtenances and hereditamen pp is
located thereon or pet~aining thereto, including all ri hts title and interest of grant g ~ or in
and to adjacent streets, alleys, and rights-of~v~r~y fall of ~uh~ch fore o~n are collective
referred to as the "Property"}.
THIS conveyance is expressly made ~y grantor and accepted by grantee sub'ect . ~
to those exceptions affecting the Property that a set forth ire Exhibit "g►~ attached beret a
and mode a part hereof by reference the "Pert~r~tted Exce tion' ■
grantor hereby retains and reserves, for grantor and its successors and assi ns
forever, all of the oil, gas and other liquid or gaseous hydrocarbons in under or that
may be produced from the Property. Hovuever, s~,ch reservation does not include an . Y
right to ingress or egress to the property by Grantor, its successors and or assi ns or . ~ g~
the right to use any portion of the surface of the pro a to develo or roduce th p ~Y p p e
reserved estate.
Current ad valorem taxes on the Properly Navin been rorated Grantee her 9 p eby
assumes the payment thereof.
To HAVE AND T~ HELD the Property, together pith all and sin alai the ri hts
. g g and appurtenances thereto in ny~r~se belonging unto the said Grantee its successors
and assigns forever; and grantor does hereby bind itself, its successors and assi Hess
g
~ o
~ ' •t
ti
to I~A~tRANT ANA FOREVER DE~~E~V~ a!~ and sin u~ar h .
9 ~ ~ sand premises unto the ~ id grantee, it's successors ~ assi n5 ~ ~ I nst eve
~ r ~ r]I person Vlrhpn~sDeVer c~a[r~lln~ or to c~a~m the sane or any part thereof ~ throe h
. ~ t y, ~ , or under, grantor, but not otherfse, subject to the Permuted Exce bons and the Re
~ served M inera~s~
Executed to be effective as of the ~ da of Y ~O~H.
C~A~VT~R
rry A, Nfe~y~r end Nl~ureen Myer, Hu~~~r~d and 1~1~fe
~y
L~r~ry Ar ~le~~r
Bey
Maureen ~~y~r
~A 1~N ~~IV L E D M E ~f T
STATE ~ ~ TEA
~L~~iTY ~ ~~NT~~
This instrun~lent i~ ackno~r~edged before rye Qn this
day of ~y Larry N~eyer.
Notary Public in end for
Mate of Texas
~ ~
1
r M ti
. .
STATE ~F TEx~
AUNTY F ~ENT~IN
This - li~~~'U~1~~1~ ~ ~~C~DUII~~C~ ~3~~D~~ 9 me, on the ~ day of
~0~8 by M~ure~ Meyer.
h~ot~ry Pu~~i~ ~n end
State o~ Tea
Ac~epte~ this ~ d~ o~ • pp ~ ~~OS fog the lty of ~en~or~ Tc~
~
Pa~1 I~i~Ear~or~
~ea~ Estee ~api~a~ u ort Mann er g
After Rord~.~g, Return to.
qty of Benton
i~t~lity. end SIP ~n~iner~ng ~e artn~~nt
p X01-A Texts street
u~te B
Benton, Texe 7fi~9
Attention: RE ~ivi~on
Send Tex ~iiiing taten~ent~ To;
. icy of Benton
F~nene De~art~ent
~ ~ ~ Ea st ~ chi n n ey street
Denton, Texes ~~~1
PEE I2
1
r _ f.~
+ Y
H~~~~' ~
L~~A~ ~~RIP~`I~~
BEING A~.L OF LOT 1, BLOB A TEAS T
ESTIN ADDITION, AN ADDO~V TO T ~ OE DENTON ~EN~` p HE
r ON OUNT'~, TEXAS, ACOR~I~VO T ~ THE FINAL PLAT BODED ITV ~ABI~VET ~C, PAOE ~5 OF
TIDE PLAT RECORDS, ~ENT~N COUP TEXAS.
PA~~ I3
1
f + w i ~ f
~ER~I~TT~D ~~~PT~~~V
~`f~ B~ INE~T`~~ BLED ~N FINAL 'L
~ ~~N~I~`MEN~' HEDULE B
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance electing for the City of Denton Texas, to make current service
and prior service contributions to the City's account in the municipal accumulation fund of the
Texas Municipal Retirement System at the actuarially determined rate of total employee
compensation; and providing an effective date.
BACKGROUND
The City of Denton participates in two pension plans -the Denton Firemen's Relief and
Retirement Fund and the Texas Municipal Retirement System (TMRS). With the exception of
Fire Civil Service and some Fire related personnel, all full-time City of Denton employees are
required to participate in the TMRS plan. Over 800 cities in Texas participate in TMRS. The
system includes over 132,000 contributing and non-contributing members and over 30,000
retirees and beneficiaries. As of December 31, 2007, the City of Denton has 1,331 members in
TMRS (986 contributing) and 308 retirees.
During the June 2nd Council Workshop, staff presented the funding challenges and options
associated with the TMRS plan. The discussion reviewed the key aspects of 1) the actuarial
method used, 2) the amortization period of the unfunded actuarial accrued liability (UAAL), 3)
the investment allocation, and 4) the financial impact of updated service credits (USC) and cost
of living adjustments (COLA). In addition, staff also presented the Council with the option of
implementing a full city contribution rate of 18.06%, an eight year phase in rate of 14.06%, or
changing the plan benefits to reduce the required city contribution rate.
Following this discussion, the City Council directed staff to implement the TMRS phase in rate
of 14.06% (excluding the supplemental death benefit) beginning in FY 2008-09 using the 30
year amortization period for the UAAL. In addition, the City Council also indicated that the
pension plan benefits for new employees, current employees, and retirees should remain
unchanged. This strategy will be incorporated in the FY 2008-09 City Manager's Proposed
Budget that will be presented to the City Council in late July.
As discussed on June 2nd, the City Council will be required to pass an ordinance prior to January
1, 2009, in order to implement the 14.06% phase in rate, since the City of Denton currently has a
maximum city contribution rate limit of 13.5%. The purpose of this item, therefore, is to remove
the 13.5% maximum contribution rate limit so that the City of Denton can contribute the
actuarially determined rate to the TMRS pension plan. Staff has prepared the attached ordinance
to remove the 13.5% city contribution rate limit and to memorialize the Council direction that
was given to staff on June 2nd
Agenda Information Sheet
July 15, 2008
Page 2
RECOMMENDATION
Staff recommends that the attached ordinance be adopted so that the actuarially determined city
contribution rate can be made to TMRS.
Respectfully submitted:
Bryan Langley
Director of Finance
EXHIBITS
June 2, 2008 City Council Presentation
Ordinance
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~~d aut of the pity' ~ ccaunt in xd accumulation, find, ~eardle~ other pra~is~ans of the
~'11~R Act ~lm~ta~. the camblr~ed gate of ~~ty cont~zbutians. .
ETI~N ~'~,e ~ravl~ran of the ~~dlnarzce hail becarrie effec~~ve ~~nedt~te~~ u~~n
zts pa~.e and ap~ra~al.
i
PASSED ADD APPR~V'ED this the day of _
i i
~VIARI~ BUOrH, AYD~.
~ .
AT~'ET:
JENNIFER ALTERS, ITS ERETAY
A~PRDVEI) A T~ LEGAL 1
J~ NI. IIHT, INTERS CITY ATT~~EY
E~:
i
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: City Manager's Office
CM: George C. Campbell, City Manager
SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas, approving and
ratifying a Letter Agreement between the City of Denton and Texas Woman's University
regarding the TWU Triathlon event; authorizing and ratifying the expenditure of funds in
connection therewith; and providing an effective date.
BACKGROUND: The purpose of this Ordinance is to use Council Member Charlye Heggins
($200), Council Member Chris Watts ($250) and Council Member Jack Thomson ($500)
contingency money in the amount of $950 to assist TWU for the cost of overtime pay for police
and fire personnel at the TWU Triathlon event. A Letter Agreement was signed on July 1, 2008
and we are asking Council to ratify the previously signed Agreement.
OPTIONS: Approve and ratify the Letter Agreement and approve and ratify all expenditures.
RECOMMENDATION: Staff recommends the City Council approve the Ordinance because it
serves a public and municipal purpose by encouraging tourism and visitors to the City which will
have a positive economic effect for the City.
Respectfully submitted,
rs
~ ti y r
...z a _ ~i .
George C. Campbell
City Manager
Prepared by:
Linda Holley
Executive Assistant
S:IOu~ ~]ocu~entsl~dinancesl~SlT Triat~~on L~r of Agreement ~rd.d~c
AN ORDINANCE DF THE CITY DF DENTIN, TEAS, APPRCVIN AND RATIFYING A
LETTER AGREEMENT EETV~EEN THE CITY CF DENTDN AND TEAS ~VDAN'
UNIVERSITY REGARDING TFIE TAU TRIATHLON EVENT; AUTHGRI~ING AND
RATIFYn~~ THE ExPENDITURE OF FUNDS IN CGNNECTIDN THERE'~'ITH~ AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City tanager has heretofore executed a letter agre~mnt an behaif of
~e City of Denton v~ith Texas 'o~nan's ~Jniversity ~~IU~ regarding e T~ Triathlon event,
a copy ofv~hich is attached hereto and made a part hereof as Exhibit A the;~~~nenl~~ and
AREAS, the ~ auncrl finds that the Agreement servos a ubiic and ~nu,n~cipa~
purpose by encouraging tourism and visitors to the v~hich has a benehcial economic benefit
to the City, NOS 'T"REF~RE,
T~iE CDUNC~L F THE CITY DF DENTIN HERESY RDAINS~
ECTIGN 1. The Agreement 1s hereby approved and rat1~ed and all expenditures
provided far therein arc approved anal ratio ed.
ECTIGN This Grdinance shall became effective immediately upon its passage and
approval and has retroactive effect to the date of the Agreement.
PASSED AND APPRGVED this the day of ~aaS.
NIARI A. BURRDH, MAYOR
ATTEST. .
JENNIFER ~VALTER.S, CITY SECRETARY
'
APPROVED AS TD LEGAL FAR:
JGHN ll~. I~NfHT, INTERIM CITY ATTORNEY
JJ~• 4 '
i
! ~ ~r.1~~cf~i»~~c~ ~~rcel Der~tu~~..i..~~tt5 ?(~?tl1 4t~~~)) 349-~ 3~)7 f~~~~~ 349-~~~)(~ M
June 30, 200$
Chaiese Connors
Athletic Director
Texas Woman's University
P. Box 425349
Denton, TX 76204
Re: TWU Triathlon Event
Dear Ms. Connors:
Please let this letter serve as a Letter Agreement between the City of Denton and the Texas
Woman's University ~"TWU"} regarding the TWU Triathlon Event, which is scheduled for July
6, 200$, The City agrees to pay $350 towards the overtime cost for police personnel and $600
towards the overtime cost of the ambulance and fire personnel at the event. In exchange TWU
agrees to promote the City of Denton, which will encourage tourism in the City. This event will
serve a public and municipal purpose by encouraging visitors to the City, which will
economically benefit the City.
In addition, the City reserves the right to audit your records at a reasonable time and place to verify the expenditure.
Please sign a copy of this letter at the place indicated below and return to me. Should you have
any questions please do not hesitate to call me at 940-349-$307.
City Manager
Agreed:
Chalese Connors, Athletic Director, ~ Dr. Richard Nicholas
~ ~br ~udent Lam, ~°°~C'~
"I)edi<<rteci tt~ (~ualit~~ tierz~ic~~"
~~-~i~~~~.c~t~T~a dent«n,~~~~m
11
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Bryan Langley 349-8224
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance to the City of Denton, Texas authorizing the City Manager to
execute a professional services agreement between the City of Denton and Weaver and Tidwell,
L.L.P. for independent audits; authorizing the expenditure of funds; and providing an effective
date (RFSP 4033- Audit Services awarded to Weaver and Tidwell, L.L.P. in the not to exceed
amount of $141,000 for 2008, $145,500 for 2009 and $151,500 for 2010).
RFP INFORMATION
The City has engaged KPMG for the past three years to provide external auditing services. The
contract with KPMG was for an initial three year period followed by two options for one year
extensions. The initial term of the contract with KPMG expired on June 21, 2008.
To ensure that the City receives the best auditing services at a reasonable cost, staff requested
Requests for Proposal (RFP) from qualified auditing firms to determine which auditor should be
recommended to the Audit/Finance Committee. A selection committee comprised of the
Assistant City Manager, Director of Finance, City Controller, Chief Accountant, Internal
Auditor, Interim Director of Technology Services, and the General Manager of Denton
Municipal Electric reviewed the proposals of each firm. In addition, Council Member Chris
Watts, a member of the Audit/Finance Committee, also participated in the selection committee as
anon-voting mem er.
Proposals were evaluated based on the following weighted criteria: 1) demonstrated experience,
qualifications, and professional activities of the audit team and the firm - 30%, 2) cost of the
proposal - 30%, 3) responsiveness of the proposal in clearly stating and understanding the work
to be performed - 20%, and 4) commitment to governmental accounting and auditing - 20%.
After carefully reviewing each proposal and receiving oral presentations from each firm, the
selection committee has recommended that Weaver and Tidwell, LLP, be selected as the new
auditing firm for the City of Denton. The attached evaluation sheet (Exhibit 1) indicates the
scoring evaluation for each member of the committee. Since one committee member was
non-voting, the evaluation scoring for this member has been left blank.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Audit/Finance Committee advised staff to proceed with the award of this item to Weaver
and Tidwell, L.L.P. at its June 3, 2008 meeting.
Agenda Information Sheet
July 15, 2008
Page 2
RECOMMENDATION
Award a contract for professional auditing services to Weaver and Tidwell, L.L.P. in the not to
exceed amount of $141,000 for 2008, $145,500 for 2009 and $151,500 for 2010.
PRINCIPAL PLACE OF BUSINESS
Weaver and Tidwell, L.L.P
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
This is a three year contract with the option to renew for two additional one-year periods, if the
City chooses to exercise this option. If the City does not choose to exercise the renewal option,
the City may then issue request for proposals for the years ending September 30, 2011 and
September 30, 2012.
FISCAL INFORMATION
This item will be funded from account 160099.7852. No monies will be expended this fiscal
year since the audit has already been completed for 2007.
EXHIBITS
Exhibit 1: Evaluation Sheet
Copy of June 3rd Audit/Finance Committee Meeting Minutes- Page 10
Ordinance
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
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ORDINANCE N0.
AN ORDINANCE TO THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF DENTON AND WEAVER AND TIDWELL, L.L.P. FOR INDEPENDENT AUDITS;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE
(RFSP 4033- AUDIT SERVICES AWARDED TO WEAVER AND TIDWELL, L.L.P. IN THE
NOT TO EXCEED AMOUNT OF $141,000 FOR 2008, $145,500 FOR 2009 AND $151,500 FOR
2010).
WHEREAS, The City's current agreement with KPMG L.L.P. expired after completion of
the firm's audit services for the fiscal year ending September 30, 2007; and
WHEREAS, in response to requests for proposal, Weaver and Tidwell, L.L.P. was the best
proposal received for audit services; and
WHEREAS, Chapter 2254 of the Texas Government code, known as the Professional
Services Procurement Act, generally provides that a city may not select a provider of professional
services on the basis of competitive bids, but must select the provider of professional services on the
basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable
price; and
WHEREAS, the City Council hereby finds and concludes that Weaver and Tidwell, L.L.P.
is appropriately qualified under the provisions of the law to be retained to provide auditing services
and has been selected on the basis of demonstrated competence, knowledge, and qualifications, and
the compensation paid is fair and reasonable; and
WHEREAS, the City Manager recommends and the City Council deems it in the public
interest that the City enter into a professional services agreement for independent auditing services
with Weaver and Tidwell, L.L.P. for the fiscal years ending September 30, 2008, September 30,
2009, and September 30, 2010 with the City's option to extend the agreement for two additional
years ending September 30, 2011 and September 30, 2012; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Manager is hereby authorized to execute on behalf of the City, a
professional services agreement for auditing services between the City and Weaver and Tidwell,
L.L.P. for the independent auditing services, in substantially the form of the agreement which is
attached hereto and incorporated by reference herein.
SECTION II. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION III. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION IV. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
r ~ 5
~ , ~
BY:
3-ORD-4033
pRO1~ESIONAL ER~ICES AGREEMENT
FOR AUDITING SERVICES
STATE TEXAS ~
COUNTY OF DENTON §
THIS AGREElV1ENT, is made and entered into as of the 1 day of July 2a08, by
and between e City of Denton, a Texas Municipal Corporation, with its principal office
at ~ 1 ~ E, McKinney Sfreet, Dentan, Dentan County, Texas ?d~01 ~herelnafter referred to as "CITY") and weaver and Tidwell, L.L.P., wig an office at I2221 Merit Dr., Suite
140, Da11as, Texas 752 ~ thereinafter referred to as ~"AUDITOR"} acting herein, by
and through their duly authorized representatives.
WHEREAS, CITY desires to engage AUDITOR to provide audit services as herein
deI`uad; and
WHEREAS, AUDITOR is willing to provide such services to CITY;
NOw TI~REFORE, in consideration of the promises and rnutuai undertal~ings
herein contained, the parries agree as fallvv~s:
i.
Engagement ofAuditor
The CITY hereby contracts with AUDITOR, as an independent contractor, and the
AUDITOR hereby agrees to perform the services herein in connection with the
engagement as stated in the Articles to follow, with diligence and in accordance with the
applicable professional standards customarily obtained for such services in the State of Texas. The professional services to be performed by .AUDITOR are in connection with
the engagement described in Article ~ below.
2..
scope of services
The AUDITOR shall perform the fallowing services:
A, The AUDITOR wi11 perform the annual audit of CITY's basic financial
statements. Such audit will be conducted in accordance with generally accepted
auditing standards; Goverment Auditing Standards, issued by the Comptroller of
the United States the Single Audit Act of 1 ~~G; and the applicable Oll~
Circular, Audits of State and Laval Cro~rernments, and any other applicable
regulations asset forth by federal, state, or local regulating bodies, particularly the
RFS~ 4433 Audit ~ervice~ 5148
I
i
I
rovernznental .Accounting Standards Board as they may now read or may
hereinafter be amended.
AUD~"f~R wi1~ issue naanage~nent fetter to YTY re ortin an material
~ ~ y weaknesses in I'T's in~ aCCOUntin controls discovered Burin the g annual
audits of IT's financial statements.
,AUDITOR will perfarrn the annual ca~,pliance audit and single audit of ITC's
federai f~nanciai assistance programs. Such audit iii be conducted in. accordance
with generally accepted auditing standards; C~overnnxent Auditing standards,
issued by the ~on~p~roiler of the united Mates; Ol1~B' Il~~om Hance Su lenient
far Sin Ie Audits of Mate and Focal vernments; the applicable ~ ircuiar,
Audits of State and Local overrnnents; and ArCPA Statement an Auditing
Standard X10. ompZiance Auditing_App1,~ab~e Coto, ov~rnmentaX Bn~ties and
Sher Reci Tents of overn~mental Pinancia~ Assistance and an other a livable ~ ~ ~1
regulations as set forth by federal, stag, or local zegulatin bodies, particularly the
governmental Accounting Standards Board as they nay naw read or hereinafter be amended,
D. AUDITOR will perform all pra~'essianal services as defined in the Auditor's
Proposal for Professional Auditing Services document dated day I , ~4a8
Exhibit A~, and in the pity's Request for Sealed Proposals for Audit Services
~RF SP ~4U3 ~ } on file in the a~iae of the Purchasing Agent, and which are
incorporated by reference herewith; together with those professional services
outlined in the annum, o~cially accepted and agreed-upon Engagement Letters to
be attached as Amendments Nurn~h~r one through Two hereto ~ the event
the 1ty exercises its op~on years under sectYOn 3 and of this agreement. These
two ~2} amendments will be attached at the beginning of each annual engagement.
E. Duxing any fiscal year cave~red by this Agreement, CITY nay request AL~DIT~R
to provide services in addition to the services provided hereunder, AtIDIT~R
may, at its option, agree to provide such additional services upon terms and
conditions as mutually agreed upon and outlined ~ Appendix A. Rates in
Appendix A reflect the first f scat year year ending September a, ~aaS~ rates. ~
These rates will be adjusted annually using the ~onsu~ner Price index for the Dallas rnetraplex for Il~arch of each yeax. The larch ~aaS API will be used as
the base year.
3.
Duration of Agreement
This Agreement far audit services as specified herein far the financial statements of
CITY pertains to ~ITY's fiscal years ending September ~a, 208, September ~a, ~aa9~
and September 1 a and, xf ITS exercises Its option pursuant to Article ITY's ~
fiscal years ending September 0, X011 and September ~0, ZOI~ unless sooner terminated
RF~P 433 Au~rt services 518
in accordance with Article 14~ This Agreement may be sooner terminated in accordance
with the provisions hereof If the CITY exercises the two option years, the extension
shall be considered past of this Agreement. This extension will be documented by the
CITY' ~ receipt and oicxal written accepta~ace of the annual Engagement Letter for the
fiscal years ending September 3p, ~aI1 and September ~01~.
4.
Completion of services
AUDIT~R's financial and complxa~.ce audit work shall be completed na later than
December after the ITY's fiscal year end. The City's Controller should be able at
this tune to begin preparation of the Campreher~sive Annual Financial Report ~"CAFE"},
The CAFR should be available far print by the anday in January fallowing the end
of the latest fiscal year. AC~DIT~~' ~ can~pletton of the compliance and audit work far
the CYTY is subject to availability of sloe CITY's records. The A.UDIT~R. shall snake ail '
reasonable efforts to complete the services set forth herein as expeditiously as possible,
and to meet the schedule established by the CITY, acting thxough its City tanager or his . es~gnee.
i
5
Respans~bllrttes of the City i
CITY understands that the proper and ti,n~ely corrfpletion ~of AUDITOR's services
hereunder requixes the reasonable cooperation of CITY including, without limitation, its
agencies, and their respective officers, directors, employees, other persanneX and agents},
CITY agrees to provide all such reasonable cooperation requested by AUDIT~~,
including, without lxmrtation, the fallowing:
Access to, andlor copies of CTTY's books and records;
Access to CITY personnel;
office space and access to suppork services such as copying and telephone;
D. written representations from CITY's attQr.~~y' S, bath internal and external; the
latter nay bill CITY far such services;
E. written representations f ram CITY about the financial statements and other
matters; and F. Closing of CITY's books and records of account in accordance with laws,
regulations and professional standards applicable to the services provided
hereunder.
If the City exercises its renewal options it will agree wig the provisions captained in the
Engagement Letters, if any, for each of the option fiscal years, as will be attached in
Amendments one through Two at the beinnhag of each annual engagement provided,
however, the Engagement Letters shall be consistent with all the terms and conditions of
this Agreement. ff there is any conflict between the terms and conditions of the
Engagement Letters and this Agreement, the terms and conditions a~ this Agreement
shall prevail.
~sP ~o~~ s~~~~ ~ro~
r
renewal
C~ may request renewal of this Agreement for t~vo additional one- ear eriads far ~ ~
~YTY's fiscal years ending September 30, ~~11 and September ~0~2, ~1T~ shah
exercise its renewal option for the ane year period ending Se ternber 3 2011 b March ~ y
~ 1, ~~10. CITY shall exercise its renewal option far the one~year pe~.od ending
September 3~~ ~Ol~ by March 31, fall. If the CITY does not elect to exercise these
options for renewal of this Agreement far these two additional ane year periods, then
CITY and A~TDITDR agree that CITY nay #hen issue requests for ra awls far the Ap
lrscal years ending September 0, X011 and September 1
ampensatian
i A. ~ shall pay ALTI~IT~~ far tune charges and expenses incurred, AUI~ITR's
i standard hourly rate varies according to the degree of responsibility involved and
the experience level of the personnel assigned to ~ITY's audit, Except a~s
provided hereunder, AI~DIT~1~'s fees for the performance of the services
described in Section ~ shall be limited by the not to exceed figures yet forth herein
and ck~arged at a rates set forth under Appendix A,
Poi the fiscal years ding September ~ a, a8, ~a0~~ 1 and if a livable
PP option years 2a 11 an ~Q 12, sha11 not excee these respective amounts; 14I OOa
for ~~48, ~ 145,5~~ or 2~~9~ ~ 151 for ~0 I0, Should the pity choose to
exercise its option for the renewal of this agreement in years 11 and 12,
Auditor fees will be adjusted annually using the ~ansumer Price Index for the
calla Me~raplex and the year ended September 3 0, 1 ~ as the base year.
CITY and AIJI~ITOR recagni.~e that the scope of services and coanpensation
under this Agree~.ent are predicated upon ~i~ current audit requirements imposed
by laws, regul,atians and professional standards relating to such services; X11}
expectations of reasonable cooperation with AUI)IT~R~ by ~rTY pursuant to this
Agreement; and viii} the absence of any ixregularitres or circumstances which might necessitate the extension of audit services beyond the normal scope of
auditing services.
. Should ~i} irregulari~es; iii} the absence of .such reasonable cooperation; viii}
increase in the Revel of services required wader applicable laws, regulations or
professional standards; or Div} other unforeseen conditions be encountered which
might necessitate the extension of auditing work beyond the scope of nar,al
auditing procedures AUDITOR agrees to advise ~IT~ rangy tl in writin of the p pY g
circumstances and to request an equitable adjustment in the max~num fee before
significant additional time is incurred by AUDT'T~R. Any such requests far
~s~ 4~~~ s~~~ s~os
i
I ~ I
adjustments shall be in writing and sha11 contain an explanation of why the
~ustments are necessary.
D. ~ and AUDITOR agree to negotiate in good faith to determine an equitable
adjunent in the ~naxirnun~ fee. hauld ~'Y and AUD~T'~R be unable to agree
upan an equitable adjustment fourteen 4} days of ADIT~~' ~ written
request, or such other time period as agreed upon in writing by ~IT~ and
AUDIT, either party nay, notwithstanding any other provision in this
Agreement, terminate this Agreement upon thirty ~4} days written notice to the
other pasty. ~I'~Y shall be liable far tune charges and expenses actually incurred
by AUDI~~R except far any such additionaX tine and expense which has .been
incurred as a result of the circumstances necessitating the adjustment.
S.
Billing and Payment
A. AUDI"f0~ shall submit periodic detailed itemised invoices for time charges and
expenses incurred as the services hereunder are performed satisfactorily in accordance with this Agreement. ~ueh invoices are payable upan presentation,
CI~'Y will be in material breach of this Agreement if CI~'Y's account becomes
ninety X90} days or mare overdue. AUDITOR may, at its pole option and without
waiver of any rights pursuant to the termination provision in this Agreement or
otherwise, suspend its services and resume there upan receipt from OITY of the
foil amount due AUDITOR which has been submitted by invoice to OITY,
B. Partial payments to AI~DI~'OR will be made on the basis Qf detailed itemized
statements rendered to and approved by the OITY through its pity ll~anager or his
designees; however, under no circumstances shall any statement far services
exceed the value of the work performed by AUDIT~~ at the time a statement is
rendered.
Nothing contained in this section shall require the OITY to pay fox any work
which is not sub~nrtted in compliance with the terms of this ,Agreement. CITE
shall not be required to name any payments to the AIJDIT~R when AUDITOR is
in material default under this agreement far more than 30 days after receipt of
written notice of such default from CI~'Y,
D, It is specifically understood and agreed that AUD~T~R shall not be authorized to
undertake any wor1~ pursuant to this ,Agreement which would require additional
payn~,ents by the CITY far any charge, expense or reimbursement above the
maximum not to exceed fee as stated without first having obtained v~ritten
autharizatxan from the OI'I~Y.
9.
~wnersh~p of warkpaer,
RFSP ~0~3 Audit Services ~1~~
a
Documents, and property
All war~papers of AUDITOR shall remain the property of AUDITOR.
addition, to the extent that AUDITOR utilises any of its property including,
without li~r~itation, any hardware or software of AUDITOR or any proprietary or
canfdential inforrnatian ar trade secrets ofAUDITCR} . perfarnxing the services
hereunder, such property shall rernain the property of AUDITS and CITY shall
acquire no right or interest in such property.
Except far the workpapers and other documentation described in ectton .A,
shave, all documents prepared oz fi~rnished by the AUDITOR for delivery to
CITY pursuant to this Agreement axe ir~stru~nents of service and shall become the
property of the CITY upon the termination of this Agreement, and full and final
payment of all undisputed amounts awed AUDITOR hereunder. The AUDITOR
is entitled to retain copies of all such dncur~aents.
1~.
Independent Contractor
AUDITOR shall provide services to CITY as an independent cnntractar, not as an
employee of the CITY. AUDITOR shall not have or claim any right arming frarn
employee status.
~1.
Indemnity Provision
AUDITOR shall indemnify and save and hold harmless the CITY and its officers, agents,
and employees from and against any and all liability, claims, demands, damages, losses
and expenses, including but not limited ~ court casts and reasonable attorney fees
incurred by the CITY in each case solely for bodily injury} death and physical damages to
real or tangible personal property to the extent resulting frarn the negligent acts or
omissions of the AUDITOR or its ocers, par~iers, agents, ar employees in the '
execution, operation, or performance of this Agreement.
As a condition to the foregoing indemnity obligation, CITY shall provide AUDITOR v~ith prompt notice of any claim fair which indemnification shall be sought hereunder and
shall cooperate in all reasonable respects with AUDITOR in connection with any such
claim. AUDITOR shall be entitled to control the handling of any such claim, with fulX
disclosure of any and all claims, and actions tal~en thereunder, to the CITY; and
AUDITOR shah be entitled to defend or settle any such claim, in its sole discretion, with
counsel of its awn choosing.
nothing in this agreement shall be construed to create a liability to any person who is not
a party to this Agreement and nothing herein shall waive any of the party's defenses, both
at law or equity, to any claim, cause of action ar litigation filed by anyone not a party to
~llldl~ CCCS
i
this Agreement, including the defense of governmental immunity, which defenses are
hereby expressly reserved.
I~.
Insurance
During the performance of the services under this Agreement, A~JDITDR shall maintain,
throughput the duration of this Agreement, the fallowing insurances
A. Professional Liability Insurance with policy limits of nat less than ~,~aa,a~0
annual. aggregate, with respect to negligent acts, errors, ar a.issians in
connection with the professional services performed by A~DIT~R pursuant to
this Agreement.
B. AUDITOR shall furnish insurance cerdfcates ar insurance policies at CIT~'s
request to evidence such coverage, The insurance polio shall contain ~ provision
that such policy shall not be cancelled or rnadified without thirty days prier
written notice given by the Ir~urance carrier to CITY and AUDITOR. In the event of cancellation or non-renewal of such coverage, AUDITOR. shall, prior to
the e~'ec~ve date a~'the non-renewal ar cancellation, deliver to CITY a certificate
of Insurance evidencing that a substitute policy finishing the same coverage is in
full farce and effect.
l3~
Arbitration and Alternate Dispute Resolution
"AUDITOR and the ITS acknowledge that it is in their best interests to resolve any
dispute, claim ar controversy arising out of or relating to this engagement letter {any such
dispute, claim or controversy, a "Dispute"}, includhag any Dispute invalv~ng at~y person
or entity far whose benefit the services question are or were provided, in accordance
. with the dispute resolution procedures set forth below and agree to use their best
efforts so to resolve any such Dispute. without limitation, such efforts shad include
mandatary submission of a Dispute to non-binding mediation as provided below.
should such Dispute not be resolved within 9~ days after the issuance by one of the
parties of a written Request far Nlediatian {ar such longer period as the parties nay agree, TTY and AUD~TDR may submit the Dispute to arb~tratian, if both agree
to do
sa, ar seek other legal recourse including, without l~mitat~an, litigation. In the event the
parties agree to submit a Dispute to arbitration, the rules below shall govern,
Notwithstandingthe agreement to such procedures, either party may seep injunctive relief
to enforce its rights v~ith respect to the use ar protection of {i~ its confidential or
proprietary information ar material or{ii} its names, trademarks, service marks or logos,
solely in the caur of the State of Texas or in the courts of the ~Jnited Mates located in
the Mate of Texas* The parries consent to the personal ~urisdictian thereof and to sore
venue therein only far such, purposes.
~s~ ~o~~ ~~t s~t~~ ~~o$
Mediation
Y per' may inmate mediaon of a dispute by providing a written Request for
Mediation to the other P~ or parties, The n~ediatar, as we11 as the time and place of the
mediation, which shall be a location in Denton or Dallas bounty, shall be selected by
agreement ofthe parties, Unless one afthe parties notifies the other party upon providing
or receiving a written Request for ediatian that the party prefers another procedure for
rnediatian, the parties agree to proceed in mediation using the APR ll~edi~tion Procedures
effective April 1, l~$~ issued by the tenter for Public Resources, with the exception of
paragraph 2~ which shall not apply to any n~edxation conducted pursuant to this agreement,
As provided in the APR 1Vlediatian Procedures, the mediation shall be conducted as
specified by the mediator and as agreed upon by the parties. The parties agree to discuss
their differences in gaol faith and to attempt, with facilitation by the mediator, to reach a
consensual resolution of the dispute. The mediation shall be treated as a settlement
discussion and shall be confidential, The mediator may not testify for anY PAY ~ Y later proceeding related to the dispute. No recording or transcript shall be made of the
mediation proceeding, Each party shall bear its own cos#~ in the mediation. Absent an
agreement to the contrary, the fees and expenses of the mediator sha11 be shared equally
by the parties. Either party may seek to enforce any written agreement reached by the
parties during mediation in any court of competent jurisdiction,
Arbitration
Arbitration will be conducted either accordance with the procedures in this
document and the Rules for ion+Administered Arbitration of the APR Institute far
Dispute Resolution ~"APR Arbitration Rules"~ a in effect on the date of the engagement i
letter or contract between the parties, or in accordance with other rules and procedures
as the parties may desxgrtate by mutual agreement, In the event of a conf'1ict, the
provisions of this document and the APR Arbitration Rules wi.11 control. i
Arbi~ation shall take place in either Denton faun ar Da11as noun Texas, The ~
arbitration will be conducted before a panel of three arbitrators, two of whom may be
designated by the parties using either the APR Panels of Distinguished neutrals ar the
Arbitration Rosters maintained by any 1Jnited States office of the Judicial Arbi~atian and Mediation Service ~JAl1~S). the parties are unable to agree an the composition of
the
arbitration panel, the parties shall follow the screened selection process provided in
Section B, Rules 5, G, 7, and ~ of the APR Arbitration Rules, Any issue concerning the
extent to which any dispute is subject to arbitration, ar any dispute cancernin the
g applicability, ~nterpretatlon, ar enforceability of these procedures, ~ncludrng any
contention that all or part of these procedures are invalid ar unenforceable, sha11 be
governed by the Federal Arbitration A.ct and resolved by the arbitratars~ No potential
arbitrator shall be appointed unless he or she has agreed in writing to abide and be bound
by these procedures,
asp s~~~ ~~~s
The arbitration panel shall issue its Final award writing. The panel shah have na, power
to award non-monetary ar equitable relief of any cart, ~]amages that are inconsistent with
any applicable agreement between the parties, that are punitive in nature, or that are not
measured by the prevailing party's actual damages, shall be unavailable in arbitration or
any other forum. ~ na event, even if any other portion of these provisions is held to be
invalid ar unenforceable, shall the arbitration panel have power to make an award ar
impose a remedy that could not be made or hnpased by a court deciding the matter in the
carne jurisdiction.
Discovery shall be permitted in connection with the arbitration only to the extent, if any,
expressly authorized by the arbitration panel upon a showing of substantial need b the y
party seeking discovery.
i
All aspects of the arbitration shall be treated as confidential. The parties and the
arbitration panel may disclose the existence, content or results of the arbitration only as
provided in the APR Arbitration pules. Before making any such disclosure, a party shall
give written natice to all other parties and shall afford such panes a reasonable ~ opportunity to protect their interests.
The award reached as a result of the arbitration will be binding on the parties, and
oanf~rmation and enforcement of the arbitration award maybe sought in any court having
jurisdiction. The parties agree that the pity is a governmental entity subject to the Texas
Public ~nforrnation Act and that any disclosure of infonnattan a~sing cut of the
rnedration or arbitration ar out of this Agreement which is re aired b an a inion of the ~ Y p
Attorney general of the State of Texas or a wing of a court shall not be considered a
breach of this Agreement.
This section shall control aver any canfl.icting arbitration or alternate dispute resolution
provisions ~ the Bngaernent setter.
Termination of Agreement
A. Notwithstanding any other provision of this Agreement, either party may
terminate by giving thin ~~4} days advance written nonce to the other party.
B. This agreement may be terminated in whale ar in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. Ida such
tern~inatian will be effected unless the other party is given written natice
~delxvered by certified mail, return receipt requested} of intent to terminate and
setting forth. the reasons specifying the nonperformance ,and not less than 3D
days to cure the failure, and ~Z} an opportunity for consultation with the
terminating party prior to termination.
C. The pity nay cancel the can~a~ct should the present ar any futare pity council
not appropriate funds in any fiscal year far the payment of catpensatian under
asp ~a3~ s~~ ~~os
i I
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I
the Agreement. No penalty shall attach in the event of such non-appropriation. ~
the event of non-appropriation the pity shall give the AUDITOR advance written
notice before cancellation of the contract, and the pity shad not be obligated to
make any payments beyond the end of the last fiscal year far which funds have
been appropriated,
ff the agreement is terminated prior to completion of tae services to be provided
hereunder, AUDITOR shall im~nediateiy cease alt services and shall render a Einar
bile for services to the CITY within 30 days after the date of termination, The
CITE shall pad AUDITOR for all services rendered and ~ata~facto~.~y pe~fvrn~ed
and for reimbursable expenses incurred prior to the date of termination in
accordance wig the terms of this Agreement. should the TTY subsequently
contract with a new AUI]ITOR for the continuation of services on the audit
engagement, AUDITOR shall reasonably cooperate providing information in
accordance wig and to tae extent required by, applicable professional standards.
The ACTDITOR shall turn over all documents prepared or furnished by AUDITOR for delivery to ~TI~Y pursuant to this Agreement to the CITY on ar
before date of terrninatian, but nay maintain copies of such documents for its
own files.
1,
Subcontracting
Neither this Agreement, nor the audit services to be provided hereunder may be assigned
or subcontracted without prior written approval of CITY'.
Retention Of and Access To Records
For a period of f Yoe years after the date of AUDITOR'S report an any audit completed
hereunder, upon reasonable written notice to AUDITOR and OITY, representatives of the
cognizant audit agency for its designee, the Texas state auditing agency and the United
States general Accounting Office shall be entitled during AUDITOR'S regular business
hours during the said eve year period to inspect and designate for copying AUI~ITOR's audit workpapers rela~.ng to such completed audit. Oopies will be made at CIT~'s ar
are~uestor's expense by} or under a con~ral of AUDITOR.
I7.
Notices
AlX no~cs, communications, anal reports required or permitted under this A ee~nent
• . ~ ~ ~ F . shall be personally delivered or nulled to the respective partres by depo~tmg same m the
United States mail at the address shown below, certified mail, return receipt requested
unJ.ess otherse specified herein.
~s~ s~~ s~~s
To AUDITOR: Ta QTY:
'Leaver and Tidwell, L.L.P. pity of Denton, Texas
Jerry SPA ~eor e Cam bell Oi 1Vlana er ~ ~ ~
1 1 N~erit give, quite 140 2 ~ 5 E. ll~cney
Dallas, Texas 7551 Denton, Texas 7G2131
AlI notices shall be deemed effective upon receipt b the party to wham such notice is
given.
1S.
Entire Agreement
This Agreement, including all Exhibits and An~endrnents annexed hereto and made art p hereof, constitutes the entire agreement between the parties hereto with respect
to the
subject matter hereof` and supersedes all other anal or writken representations,
understandings or agreements relating to the subject matter hereof. Neither p shalX be
Y bound by the pravlslons of any pre-panted ar other wrrtten terms and candi~ans
subsequent to the elate of this Agreement relating t~ the subj ect matter hereof unless such
additional terms and conditions are authari~ed accordance with this A gernent and
attached to and made a part of this Agreement. The Engagement Leger between the
parties is incorporated by reference. If there is any conflict beeen the terms and
conditions of the Engagement Letter and this Agreement, the terms and conditions of this
Agreement shall prevail. ~ ~
i
RFSP 433 Audit ~exvic~ 5}~~
~~r
e~erab~lxty
If any pro~isian of this Agreement is found or deemed a court of competent
~urisdlctian to be invalid ~r unenforceable, It shall be considered severable fra~n the
~en~ainder of this Agreement and shall not cause the xemainder to be invalid ar
une~aforceable. Ire such event} the parties sha11 reform this Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as
possible to expressing the intention of the stt~ckert provision.
~a.
compliance with Laws
The Ai~DIT~R sha11 comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the professional services perfar~ned pursuant to this A~r~eement,
as ~.ey may now read or may hereafter be atnended.
~1.
En~playrnent PracticeslDiscr~tnination Prohibited
Ito performing the services required hereunder, ADIT~~ shall not discriminate against
any person on the basis of race, color, religion, sex, national. origin ar ancestry, age, or
physical hat~dicap..AtJD~T~~ agrees that in connection with the services to be provided
to ~~TY hereunder that it will can~ply with all applicable laws and reguia#ian.s regardilag
etnplayment discrirrtinatinn.
ZZ.
PersonnellConflicts of Interest
A. ADITO~ represents that it has ar wi11 secure at its own. expense all professional
and support personnel required to perform all the services required under this
Agreement. such personnel shall not be ernplayees or officers of, nor save any
contractual relations with IT''~. AtJD~'OR shall inforrri the CITY of any conflict of interest under the professional standards of the AIPA or the Texas
Mate Board of Public Accountancy that may be discovered ~ or vise during the
term of this Agreement.
All services required hereunder will be performed by AtTDIT~R. All personnel
engaged in work shall be qualified, and shall be authored and permitted under
state and local laws to perform such services. The key person who will be
performing the services hereunder are
RF$P 403 Audit ~~rvi~e~ 51U8
i
BY:
r
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~Q~~ .~111~ ~ONiC~
Append~~ A
OS~ ~ro~osa~ ~rofessio~a~ ~'erv~ces T A'S'P 4033
5. ~ 5.20D8 Presented to:
pity of Dentan
Partner antact:
perry wither, SPA
Pn~aement Partner
V~eaver and Bidwell, LL~P.
~ 2~~1 N~erit Dr., Ste, t 40D
Dallas, 755?
97~.448.~918
jl~aither~weaverandtidwell.aom .
ww.weavera ndti dwell.co m
~r~w
~flr. l.-~ C'_
F
Mr. Tam Shaw
Materials N~anagement Offce pity of Dentan
gal ~g Texas Street
aenton, TX 76209
lie; host Propospl for ~ify of ~enfan for praf~s~onal aud~ing servioe~; RFSP# 4033 .
Dear 1rrlr. thaw:
~n behalf of vVeaver and Tidwell, L.I,..P., erti~ed Public Accountants and consultants, we would like to
submit our cost proposal for the professional audit services of the pity's financial statements for the fiscal
years ending epterr~ber 30, 2008, 20D9 ar~d 2010 with the option to renew far an additiona{two years.
As the Firm's engagement partner far the engagement, ! am authari~ed to contractually bind the l+irm.
This proposal is a i"irn~ and irrevocable a#l:er for a rrxinimum penal of 90 days, subsequent to the i~FSP closing
date. if there are any quesfians, technical, contractual or otherwise regarding this proposal, please feel
free to contact me at 972.448.b918 or ~lgaitherC~weaverandtidwell.cam.
5incere~,
:rte€t:;~il,._.~::~,u:;k,,,,, ,.~.~.;;.Y,:~i::tr,-:iti perry anther, ~A
Audit Partner
weaver and ~idwelt, L.L.P. 12221 N~erit Dr.r Ste. t
Dallas, TX 75251
I
App~r~d~x A
AQDEN~UI~I ~
~t Pr~p~~~l Farr -
To~al ~o~ Summary
Nat-ta~~xceed
Year. flaunt-Gross
ADS ~ # X4,040
X009 ~ 48,5~~
X010 1 X5,000
208 Cost P~opoa~ ~e~a~l
I~aurs tankard HQUrI~y Rate Billing Rate Tota! r-.
Total hours~Pers~nnel 980 - . . - . ~ X5000
Total Not-to-F.~cceed Cost - gyros Audit ~ 35400
Total Not-#o-Exceed host including Audit and Agreed upon Procedures ~4t000
X009 fast Pry sal De~a~l
Hours tandd Rourly Rato Billing Rate Total
Total hours~Personnel 98a ~ 14~OOD
Total Not-to~Exceed Coot -Gross Audit $1 ~420D0
Total Not*to-Exceed Cost including Audit and Agreed upon procedure $ ~ 45500
- Page 1
_ i
Appendix A . ADDENDUM
Cast Pr~po~ F~rr~ ~ .
~0~ Q apt Pry ~a~ De~ai~
Hours Standard Hourly Rate Billing Rate Total
d
Tota! hourslPersanne! 1 ~QO ~ #
Tatal.No#-#o-Exceed bast - brass Audi t4~~00
Total No#~tc-Exceed host including Audit and Agreed upar~ Procedures ~ ~ 5~ 5aa
~~v~e~r ~f ~ff~cial ~atemen~ 2.9~ yr ecia~~ Pro'ect ~~st Pra gal ~eta~!
Hours Standard Hourly Rate Billing Rate Total
Total hour~lPeranne~ n1a nla
n1a
Page ~
~hib~t A
~r
.
. i.L•~
a~► ~ $
dir. ~a~'t ~hQw
~lat~ric~s Na~ement C~ ~
Cif of dent 9~~-~ Sfreef
Re: ~rgposad f~ rty of Eton #ar praf~ a~~~ Rf~P~ X33
Dear fir. h
~ ~dv~el~ l,.L,P.. wed ~ubT ~ccau~ants ~ a~~~c~nts Fl appt9eo~ate ~n behal# of I~ea~r I# ~ air ~e~#onding
' ast~ ~ audit se~r~ COY Dente ~t1~e ~!#Y~. cid~r+p#i~n of p ~
the en event w~! a~ vices of fhe ~ty~s ~na~aa~ sfaferrn'~ #~e fecal yrs ~ ~ ~ . ~e fir 313. , ~00~ and X41 D ~fh the apt of ~or~ng far each of
~ sub~e~~t sc~
` ed his aud~~ in the all~#ted t'inr~e rn~. ~e ~e~eve we t bit
candidate bus enga~enf ~ a number of rea~on~.
l~eav~ and ~idwe![ ~ v~~l ~~nte~ #s~ w the nvar~e~s df ~~►remm~~a~ a~COnr !n the Fm~ has a ~u~rt ~nr prCe i~ pfo.~anal~ dedicated #o sec~g p~b~c nectar
cli~r~'~. ~dd`rna~j~ ~ has aver ~ of ~ ~~x~ ~ooa~
v~m~r~en~oi errfiifi with ~~a~1 aacoun~ ro~lams. • ~eary~ov~d carnr~~ca~ ~r~ Cry ~ denlan a ea~ver ar~d Tides ~ a priy~
eawrer ar~d~'~ afrs ~ ' ~t#p~tion on #echn~ca~ p€abie~ as
of tl~e oudt en~a~~rnent ~a~h~r ion on an ad~nax #ee~o~-se~c~ bass. e a~e~ q w~~-~+ptn~d ~ ~ ~ respola~Y I~vel ~ #tre era~eni foam * partner ~
~#a~ ~acocm~n~. fur depifi► of ~a~rer~nfa~ exie~ce aws ' ~e r~ta~on of staff m
{~C~danCe Y Po~~ ~ mfoi~n~ a ht quaTi~y of pierced ~m~~ d~ ~ repar~ ~ k1ey tm~~ l~ea~r artd Tdv's ~putatiar~ hay been butt vr~
the tte~r do~very of w aria we ire ~orr~t~d'~ favor a ~ched~le requ~`ents of
the 'rfy.
~fF~'s ~ f1Bf' ~h8 8r"I~dgerner~. ~ ~ C1U~~l~~ed tt~ c4~tt~ ~'l~ # ~f!'1'!1. .
~ a frm and i~revaaa~le a~~€ar ~ rn"tri~urn ~eriad of dom. s~b~e~uer~ #a ~FSP cias~ng P~~ uesfisr tec'#cd. c~a1 yr a#hse garding dal, pie feel ~a#e. ~f ~~e
e a ~
free to oor~#a~t rya at ~.~18.~9~~ vrthe~~weaverand~dwe~,cor~.
~~i 14~~~r
.~~rY'jf ~if l~i
1~~1 N~~~.Dr., S#~. ~4
Da~1Cf5. ~ 7~~
~~~fi' .
L.L_ P_
exe~~~v~ c~rnr~ary
weaver Tidwell. ~.~.P., is piepsed tv presenf in ad~t~n, a r~d~a~erer~t let€er w~i be issued tt~s prosd! to pity of den#an fC~ C~udit services. Cri the canclusiQn of
the a~dt ar~d wr,ri~ ciu~e
T~'1e ~li~~OSe this pra~4Sa~ ~ to p~Dvlde a cfear any deficiencies ire ir~femal Untrol found dufl~~
St~teF~t of oar caQa~7E~t]e5 Qnd fC~OW~etlge ire the cUdit. Any 1#legai acts or ~'egulariti wig be
iighf of your professional services reeds. imrnedptely repel tc the pirecfor of Fnce~ Fully, all required communications under li.~.
we understand there are ~ nur~her of issues ai' enera~y Accepted Audfing Stondards will be
imp~#ance to tE~e ~ including: ~ to the Dir~ctar of finance,
An unders#and'mg of the v+r~k to be di t lie ~ w
~ The ~t far the 'r shc~li be perforrned Erg
men and ~uacatians of po~ner accordance wltl~ Generally Accepted Auditi~,g mc~a~ers and a~5signed staff ~tardards as set fiorth ~y the Arne~ca~
• Public Sector and Oovemrnental l~stitute ered ~ubllo Accauntpn#s and the
accounting experience and sfo~nd~ds far f~r,ci~ aud'~ts set fob In the
cam~itrnent to p~~'x* pract'~e General ~ccvung Office's Government o~plete~ess and argan~o o~ our Auditing ~~ondard~ end the ~rov~vns of the
response gie Auct pct ar~d U.S. Office of Management
~easanabie fees and budget ~O~ABJ ~`~cular A-1 ~3~ audit of . Timely services stated local governn~er~ts, and r~vn profit
organr~atians,
Understan~ng of the wok ~ l armed .
. udlt Sco The aud'rk wig include tens of camp~ance of We l canduc# an audit of tl~e. f~nanciai rna~ters that lave a materiai'~pacf vn the
statements for the Oi#y of f]enton for the kcal ~nariul statements relating to procedures
yeas er~aiEng epteml~cer ~4Q8, 2p cnd X01 ~ esta~l'~hed by Ohar#er. O`~ty Ordinance, and with an option to renew for two ad~til years. when appiioable, stoke and federal
laws or
I~ of our repack are. the is f[r~~ncial gu~a~ons.
state~tenfs and combining and Fnd'~ridual #und
r~pnc~al Storl'~rrientsr we w!~ pr0ll~de an "m ri~nce ark gvol~cans prEn~p~l arc relation to*` opinion an all contents of ~e and ass~ned s~af#
I~nanciat Sectipn other than required fur engagement prace~s ~~udes a huh ~~veE of
supplementr.~y ~faafion. partner partiapatior~..terry wither, l~artr~er. will serve as the er~gagernent leader. He will be
e will per#oms certain ~mited pra~res r~esponslb[e for the overall engagement
e~?afal`~h~ed by generally occepted audng managerner~f. H'~ e~cperience pra~ding aud'~ standards on rr~anagement's discussion dnd services to govrrten~! entities males
him
analysis and other required suppl~emttal adept to the subtleties of your engac~erraent.
inforrna#ior~. As part of the audi of the Oity's
fr{~a~nyoia~lrs~c~}~emen#s, we~+v~i is~s.u#e r on Team sr~ f~ this engaerr~ent were ~~I~~' L~ 4.~n~f a~ ~d L.~EIl2~ With I~~id f~l 11 J~r 1+..~h~l4~J a~r ~•~~~4~
app~coble laws and reguiatis. In acca~dance and rnar~agemer~f sla~is. The mcnagement
with the TcEQ. we rn~ill assist the ~rfy in personnel a~gned to the engagement vrt afull- demor~stra~ig compliance witty tt~e fmtxnciol test 'time bcis Include a Ser~o~
N4anager. wor~r~g
option #or the sanitary landtili and the landti~ gas with hlm w~ be a sufl~cier~t number of qual•~ed
recovery system. we will also audit the schedule professior~i staf# fo. carnpiete the engagement
of expenditures of federal awo~rds. an a timel~r basis.
~~a~.Tidwe~, r..~.~.
~'afe~iona{ ~erwlc~s Past
~.L.F' i'
Qmp~eteness and a~an a~ ~espan~e
Tv ensure the e~rnpietenes of our response, the - ~ organ~ation of the respar~e ~ dgned to hip
the pity ea~iy end inforrnafion. the response ~
u~~re~ ~n a~cafdance v~ith the P - requirements. _ .
Reasana~~e des -
V~le are niiorpeaif~c in fad assignrr~er~ts, - . . - assigning the 1o~vesf biilal~e haur professional to .
ear~duet the task within their al~l~ with ~ ~ - - , -
SU~eeCldls~OC1 a~d reV~ew. D~ ~r
we are able to reduce'l~e ~erau Mended rate. thereby ~rovng greater east ef~c'~ency. ~ -
~~e
vVe have developed an approach by whim - - _ - sped~e de~vera~es are achieved ~n yet
timeframes. we v~~ we wifh you ~o level a
_ #ima~ne ~a~ r~ee#s ~eur spe~~c re~u~ernents
and de~ai~ meeting dai~es, Reid work dues, . status reporting dates and f~nol report dates.
qua ~ ~
~n our 5~+ years ofi Bence, Weaver and Tdwel~ . has never been a defendant ire any aud'rl' ta~ure ~ ~ .
or ai~eged audit fa#1~3re. fur crr~dence in the - _ ~ ~ -
qi` oi' our work is evidenced by our voiuntary - _ 4 ~ enrolirnent in the AIPA'~ deer review Program ~ ~ .
t 95~. 5inee thor>i fime, we have oamp#eted all
peer reviews witfi unmodified opir~s.
~Veav and Tidwell has reeeiwed an unm~ied
apir~ in every peer review pe~orrr~ed a~ in
addif~on received a iefter of "na earr~rne" on its last three peer reviev+~. is the f~ghest
s~ar~dard of ~ review and ~xchiewed only a
sr~ ~rceni~ae of CAA
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~\J VL 71 V !7 f~~►~t~r►tr F##i;a rr#t*.#......~.rr~ Mr~~~Yar*~*►~a►.a..r~rs~~r~1 ~t~~N ti~.r.r~~.a..........i.~+a~r►~r►Yr~►r rriarr~a~r~~a ~r~~fY Yi
~n i•1f~1~Fi r•~►~a*fi►►rir♦~~~ra~~•r~~►~~yi~~li#{►►}Frt ~~~~■~~►i H #!#r►~4►#}if►~►a~i■■~~t~~r~~*►VY~~*~r♦►i~~~►~if~a~.i.~~Y.+.rr.~~~
A~tac.~~r~~: 5~~n~d ~de~dt~n1
1 -
p~~,~~r#wFp•~~rl~yAA' I~Ca~+~p~~ ~4.i ,.j
[ 1VIrr-~,ioV~~ Sri #~4+W ~U~
i
~f~~1~~~
--r~~. `~D~~l~.
~.~..P
ill
~a~an m ~rhich v~rk v be done L1~ P~ac~i~e ~'~exas
The ~ rr~aintains i#s head~~ef~ in ~ warfh the ~ ~ ~Ce~SeC~ t~ ~T~tice accountant ire apara~es add~ionai oces ~ousfor~ art! ~ex~s. wearre~ and T~dwe~l, ~ a ~e~~nt
~aClas. phis engagemenf i be ced ftorn our w tie texas Efate Boyd ~f pubic
D~a~as office and w~l ~o~ude ~ paner and senior Accountancy under Section i~ of tph►e Pub~~c I I i~.ln1.~,~~1 . 4 = VF ~r E f ~ ~V~ ■f 1~ ~ ~u! LF~~~ ~f..i..1.fk3~
! 1 ~ ~~rl I ~J ~r ~4,Itia~ ~tr F
ntamber of quaffed prafes~onai staff fia ~tuas, art~cie ~-1. Each parer of the ~
co~tpiete the enga~er~ent on a timer Basis. fihe and each profes~ona~ staf€ member fined to
regions nature of our pracfice, corr~bined wi#h ~ ~aeent senior as~iate ievei and our philosaphy o~ personai attention, enures that above hoids a ceri~rate as a Cert~ed
Public
fhe Cdr wi<i have direcf contact with ~ ~ccauntant purs<tar~t to that ac#.
management, Air our ivcat~ns are f~I~serVice ~f~~es. ~ weaver ~ Tdvve~ is an Eaiual employment
~ppor#unity t'ir~m,
~e i/Co~rei~r~ Audi ~tut~. - .
A re~~onal ~Ir!"fl founded ~ ~ 75~r lernr~r ~r~d Auk 4Ympr~ed Sim Tdv►re~1, ~.1..P.► ~ the ~3#h Iar~est ceri~~ted pu~l«c The ~rmis A~urra~ce and Rik Advcy Stf h
acauntg ~ in ffie Nan and ranked the expenerfce and resources of over tvve~ve
nu~nher one in the cxhwest € the fourth yr computer speciars experienced in evc~ua~ng in a rove by Praa~caf Accau~tant agae. ~e comp~t~r controls. The ~rrn' computer
i=firm's staff of over includes ~~0 cued specic~~#s have the abi~y to review alb corn~ufer
~aublic accvuntanfs, ~nclun~ ~ pa~'ners. r con~ol check~sts competed by 's staff and
ovemrnen#a! aud'~# staff consists of mace additional ~,gr.~es ~€nd recomrnendativr~s, . approxirrtely 6~ professionc~. when approp~afe,
v .7 r
independence Y`~ -~..i. ~ _ r ~ ~ ~ .
~onforrni#y wi#h fhe rules of prafess'~onai cond~c~ ~ - _ , rpp r'}f } ~~4~ t rSrL~U}~~r~ tl a 1t#+~ ~V~F~'4~ ~nf~~t b~ ~I~~~~S _~5ti ~ ~~y`-~
- . ,
~n~~rp~rnr 11 ~ ~4 I ~4~r1 411 i~ ti.1~14►I ~r w~~~ 4'. ~~'r , ~ ~ j ~ ~ ~ , . ~ ~
respect to a cent fOt' whom he or the is issuing a ~~'Lr : repast vn fnanckal staterr~ents. ~eacas State Ord .
of Pubs Accour~#dncy pules at Prvfes~onal
~espansibili#y. sec. 501.1 i] Additional~► the l+irm - ~eet~ a independence s#ar~dards of
t~over~ment ►~ud~ Standards.
The ~rrn and propod avt~t team members of weaver and ~dw~i are rndependt wi#h
respect to the pity, irluding direct and ina~rect
finanga~ interest and reia~onship of proposed audit team fo empla~rees and court
mern~ of the
1~~aver aid ~~we~, ~,LP. ~a~e ~
~
i
i
I _ I
I I I
~~i
L.L~
flrm ~akro~~~
Pu~i~i~ e~#or and vverne~al ~ccau~ ~ ~,c~c ~e ~-1 ud~s. ~xp~ience ar~d ca~#mer~ to Government i~ar , a public~ian v~ the u.~.
~racfioe ~ v# Mena~emt and Budget,
V~eever and Tidw~! has aver ~0 ye~~ of prom~ulga#es standards far camp!'ce experience audi#~ ~~e~nrn~n#~! ~n~~tias aud~n ~r~l~~ ~ S'~ngia A~c1'~ Aafi
~nclung municipt~ities, sahool dis#~is and other ~ 98~, crs amended b~ fihe Sire Aud'~t
gflv~nmer~~ organ~at~v~s. ldcai ga~rem;n# Ac# A~mendn~er~ 199, ~u~ ~e the size
cents Dave been arr~ong the n~as# impvrtan# ~a e~ ~~r sear pre~~e, we audit the c~raw~h of oar arm since i#s favnding i~ 1 ~ rw~us en~i~~es #hat receive ~edera~ or
fur pra~essianaf s~~f ~ caned wig the state financial assar~;e re~u~r~ng a
intricacies vi: governmental accoung end single a~c~t. ~ aye current autars of nanaa! reporting, please see our fal! in the tree mul#~#unded e~i#ie~ #hat ~eCeive
in
adcal data portion of proposal. axce of ~ m~lian ofi feder~ ~nanci~
askance.
The firm's cor~menf to his practice segrr~en# ~S de~30~~'a#ed by. ~ ~a~ ~~oion~ ~8 l"1~'n'~ prac#~ce
i r management pion ~d~ the
P~~~, continued ~f~h 0~ th8 ~ca~ a,,a,~+eiy sib d/+~ governmen# practice specia~at~n ~
~r~~.i~ w~! [ 1~ ~V~~ V1 1~ ~~E 11 {~~~i~i !i f ! ~~n~ V I ~ ~~JVilr~3
nagernenf cansultin~ as a p~ac#ice ne~~ to ensure technical sill .
speclalt~. ~actr member of the graup de~reloprnt. has wining and experience in the field
o~ lack gavemrnent auditing. The ~xpe~~nte with ~~e a# Aah~ev~rn~r~
~ene~'~s fa ci'~ents are eviden#; no# anly ~oa~ C~Ce Raver G~C~ T~~W~~~ a~lCl~# S~~ The ~~I ~ AUCf~#or a~p~OX~a~e~~
men~~ers bettef in#ormed about er~t~es aurren#I~ o~ng the FAA cccr€e
technical isst~e,Sr but our attent~n to of ach~;vernent progr~rn. The 1"rmz hcr~ eve
those yes of the b~c hector practice mern~ of i~ staff ghat are aurrerr~l~r members enhances our abll`~► make sug~est#c at the Sped review emmittee of the A
and help our crn initidfe ci~ange. that eval~rafe CAI=R's far e~gib~t~ with etii€iCOrte
of ~cl~~eve~t ~~m requ~en~~, • , A~~ye ~oi~ in ~s~onai
~i#I~Dl1~. ~ebe~ Qf Our
~JrO~eS~IQnCI~ S~a~ C~C~ aG`tiVe pa~icipantS
in gv~remmental orgai~ar~. ,~r+y ~~i ,~t~nes~ ~nV Ye~r
al~G~t pC~tneES. are aSS~C#a~8 rr1eCCe~ of
~]@ ~VeTnrnerlt ~inQ~1~e cers Assacia#i (~3~~. ]n ad~l'~ion, ferry
Gaither, l~eIT~ Caves, Shd~nm ~arlc~r, .~ohn
~eBuRO and ~[EChaei tner are
mern~ a# the ~ec'rai i~evie~r ~Qn~rnittee of the G~O~l. Jerry ~t'her is
❑!sa a erii~ed Cav~nrr~ent ~nc~nce
Manager and sees on the Technic Issues on~ifitee of the A~~A as raison .
#a the Cor~ernr~ental Accaur~ting
S#andards hod. This riot only provides
hirn wiih lcr~aw~ledge of the governrnenl~ stand~ds be#are enactment, lout a a
rate En helping shape thane standards.
1Ne~ver~n~ T3dweQ, LL.P, ~og~ 2 Prv~es~onaf S~rv~es Pra~oS~
'i
~~J~~~t~
~T
L.L.I? ,
b~Ck~OUr~~ .
e~na[ ~ualr~y C,~o,~n~rai ~Pxef~g i~t~~ std ~i~ld R~v~edws {.y~ eC~ver Q~d I ~~.1~ ~ ~ ~~`rr 4~~r ~~n~i ~1 r~~ I i~~~~ ~Q~ ~ xd~~~r 1 ~ i~r~rn
]n~tifu#~ Ceded b~c Accountar~ ~AIPA~ ar sstd i#tigditn rated #o the ~'uAm's
tenter forAadit Quay and the Covemment a~c~oun~ing ar~d aud'rfing prase. Audi# ~ua~y Center. ~ember~l~p ire these
argan¢atians is va~rntc~r and rues a three fiefid reviews by #h~e Depar~rnent of Huth
com~itment try the highest standards of and ~u~an Services and the ~~exos %ducdtior~
professianai ~prace. ency have been cvmpieted the ias# three
~f ~ ~r ~+y ~jryy~ ~~ry p~ y~~.~ . ~he~e mere na fitidi~g~. ~ have +~ee, n Yr■ ii i ~~W ~f 11 t~ [ it E i 1 1;~1 i~43 ~I ! ~VI~ ~ 4~V~~#E n~i li a~
~~a ~L 1~ i lL~~
independent cocain fi to determine ~f our Services t our at ~inan~ai spa#ement
quaii~ control policies and procedures are rnet i`edef aunt re~uuirements with no ~indn~ss. suitab~r aiegned, and if our #e~chniques for 1Ne are rrat a~rvar~ of a number of
i=edera~ a~
implementing these policies and pfocedures ~#ate dark reviews that here been per~omr~ed on
corr~pky wvith ptafessiona~ standards. ernai our audi#s in the Ids# three year, Ne fir's have peer review is desired fa give the p~bGc .been camrnuniaated #o r,,s.
~o disaipi'rr~ty ac#ion
add'r~'~nai cofliidence in the q~rar of Qor audit hcas ever been alleged ar~d na aeticxt ~ penc~n
arx~ accourrfing practice. or has ever been undertaken ag~insl' the ~'~rm ~y
the ~~C, Ai~A, 5tt~#e regr~iata~ bad"[es or afher beaver and Tidv~ has success~aliy sample#ed profession orgart~atians.
a!fi peer reviews tv date. h peer review has
includ a review of verr}mer~al a~ad~# engagements as required ~y AlCPA sfanda.
,~Il peer reviews, hvwevr are not t'he same. less - .
thon ~ of the top ~ ~D oeaaun#ing f~rrns receive this report without sug~on~ tot irnproveer~#.
iNeaver and Tdwe~l aper~te~s in the elite group,
A copy of the iotes# report is ~nc~uded in the
add'~ianai data seCtipn.
1n add+~ion~ a regis~erad pubic acevun#ing
firm we petted by the P:~6 eery }hree years #e cvnf~n that we ire camping with the
fi~GAC~B standards.
~~o~~ c~~. Page ~ F~ofe~aanal S~v~ce~ Pr~o~
i
....,....~.,.,,.,.w. .
~~~~~L~
na~mer~t ~[m
.
~ ~-s ~
~'ir~m's Caui~g ~dua~ Pro~rarn
Tire ~irrr~'s cont~ua~n~ profiona[ education poiacy requires ~i staff ~o receive t~0 h ofi contin~~n~ . educa'~on every three yeas. The governer~ta! edit staff is cared
~y ACAS to obtain hours, v~th at
feast hours r~atiru~ to the ~ovemrr~entai audifi enviror~r~enf every two years. Ali ga~ernrner~tak audit staff
co~pi•~s with the revised government aud'r~n~ sfiandards re~u~err~t regarding tOrrnal ecl~aaativn for profiessiona~s resporible toy' p~ann~. oanduin ar reportxn ors govemrnet~t
audi# enge~ements. Each
member of the er~~a~ament tears has rne# the reign#.
~ol[cy ~egar~g 5fa#f Rafi~vn a have a governmental engagement and pta~tie planning prose s~essing experience and antirruity
in tFte engagement tears tom year to gear. ~Ve understand the City requires ratat'ron of engagement staff
members on an tnter'i basis. The depth of vur govemmenfia[ practice ensures the qty ~ ht~ve expe~enced pratessiena[s frarr~ year to year, even in yews a~ ~t~tiorr.
1+1~eevee and '~dwel~ has an out~tandin~ record for longev'~ty of service, a have ex~erien~ed ~rnited
tumaver at a~ ieve#s ar~d tuxnav at the par~nerlmanage~ level is extrernely l► which allows us the abij`rty . to provide you a stah~e and rnare~ exenced tears wh allows
to conduct a more effc~:nt and [ess
intrussve aud'~'.
Chan~e~ in ~grr e~ ~
ft ~ understood #haft the individuo~s speed in this proposal are the inc~vidu~s who wig actr.ralty pertarrn
the ~o~c t~saciated with the C'rl~s ❑ut. The reserves the rxg[~ tv approve or den~r any chor~ge to the asslned stmt nar~►ed in the pro~a~[, whether such change accu~ P tv
yr dur~~ this engagement.
eer and ~e~ w~[ pr~ride the City with nuns vfi any pressed subs€Efiute er~d shad be even the
o~~ to intervie~►r that per`r,
Weavand'rid~+ell. E,~,P_ ~d
Profes~ana~ Sep o~a~
~
? .L.
ng~~~r~~~ lea
~eRy aitfier, PA
~u~~' ~artr~er
~rae~ce deader, ~or~nta! A ~alr~ ~rac~ce Ceres P~rb~c ~aear~nf~rnf, Texas
Ed~~a~i~n
i ~aehe~ar of g~rs~ness Ad~r~~rat~an, Aacaunt~ng,texas ~istia~ ~nivars~ty
i Cfha~rmar~, weaver and Tdv~ea's Racal ove~nmen#~ Grip . A to#a~ of ~ ~7 hau o~ oonti~~~ ~ofes~onal education av #l~e past #h~ee dears
P~ofeiona! ~xpedenc~
y y~:a~3 ~.~Vi t`r~ ~1 ~ ~~i~iL~
~a~ned heaver and T~dv+te~ ~n ~ ~7~; nab a parl~ner In 19$T
P~aciice emphs acaaur~tin~ a dud'g far a wide array of n-prot~rt l ~nenta~ e~t~ies and ~iva#~y-~he~d aornpcm~e$
Profe►~iandi A~rorc~, A~e~ and em~p~
= Member. Texas ~ac~e#y of ert~ Publ~~ ~~aof'a~#S ~TSPA~
Members Ame~iac~n Inst'r#r~t~ of er#~ied ~u~lic ~ccaun#ar~ts ~AICPA~
Farmer rnernber. Strt~eg~c P1a~ni~~ Carnttee of the TQwr~ of Add'~on~ Te~caS _ . = Forr~nar mempb~er, C~ht~rterpRev~ar~# ~mm+~on /~+f fhe Tawnof Ad~~svn. ~e~~aps~ p
• ASSOC~a~[f T~er~ber, ~~V~~I ~~Q~4G wr ~ry~4~~iV~ ~1 #d ~L1Gir .7~~1rN.i~ ~~r~~~
?fl~~]I~e~
AssOel{e erC~ber. SAT N~e~ber: Asso~a~ion ofi vernme`nt Acaauntants
M p~~~w~~e+1Tpf l~f~`~11 k ~,y~ ia~, ~/+i[L~I~i+V/S~R ~./1 ~74.~# ~+V~i FVaJ ~~ia~ ~~~Ir►Vl r ~~n ~f ~~~~~Ti
~ ~+1 Flliw~ VV~f [ 1r~r n# ~1 ~Li~l.r~1~i~ • N~ernb~r, TeChr~~ta~ Issues ommie~ ~o AIPA as a fain f~ tie ver~ment Accaun~
S#andards Board
4
I
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F 4
t
v~eav~r andT~, L.Q.P. e ~ ~o~a[ Sens Propa~
. ~'~E7~f~#..~.
~ng~~er~~ ~e~~
~~h~ ~eBuE, ~~A
Aid Senillr{anaer
Cee~ ~~blic ~~a~~#~nt, Texas
Edu~can
~~chei~ ~f 5c~enoe, Bu~~es~ Ad~n'~is~taf~. ~n~vey o~ New ~I~'nshire ■ faster ~t c~e~►cer Acco~n~in~, dew Lampe ~~ege
A tntaf of l ~d hours of confine ~ro~onat educa~on over fh~ past ~e ~ea~
~ro~e~siona! Exne~ce
■ eeven ~eors exp~riee ire p~b~c acounfi~ng .
■ ,coined weaver and ~d 'rn ~ = Pra#ice e~p~a in r~unic~pai audGtin~ and acco~rrg
Pr~essianaf A ' yes ~d ~mbe~hl~s
~ember+ A~ncan ~nsti~ute o~ erf~'ied Puri Ac~~un~ant~ ~AIPA~
■ Memo, Texas S~c~e~+ of edified Pubic Accounfs ~S~~A~
N~ernber, ~p~c~a[ Reaiew C;ornrni#~ee ~vemmer~ ~nan~e fiae~~~Assacia~ior~
~eaver~an~ r~dwe~,1.~.~. ~ ~
fi 5er+r~€~es ~ i
i
p~v~x~ene~~ .
~mdr ~n~ageme~s with der vc~nnt
the has a s~r~stdn~a~ Pubf~c Secfcx ~ucrr~ Prac~iae. a are currency ~e auc~far of rare khan 30 gav~nenfal enf~ies and a~~ SQ n~ufi~funded r~onpra~t a~ari~c~ions. Faiicng
~ ~ t of game
gavemmenfp~ auc~ enga~e~rrents perform! by of~ae of ever and T~eii fihpfi wfl~ have
responsi~i~~ty fof ~e C'r~y's ~di#~ win the eve gears. A oo~nens~ve of our gav~r~men~al clier~f can be found in fie add'~onai infomr►afion ctEan,
App.
~~ag~trnf ~ ~ac~f Phone Pa~n~r 'hype f ~nga~~n~
fours
Fey of Grand ~ s. D~a€ ~ ~ Goth ~ ~nan~+al and Singie Audif Praise If ~nanc~ai ~Cer
X72.237,1
~~fy ~f [~cnrMe~ ~I:.lenr~ifer Fund 4 Gail Financ~ai and SEngie ~udif
f'inanae ~~ear,
~fy Qf ~0 ~ ~Il~. ~ ~a~i~ ~ Gal~h~l' ~lr~anC~pl SEr1e Audlf
~
i of ~.ew~v~fe +0 ~s. ~a~ren C~owlgr Gaither financial a n~je Audif
director of ~nanae, 9?2.~1~.4a0
i
~~y ~f C~€eenr~~le 6i l~r. Sieve ornpfan ~0 Geer anciaf Aud`~ ar►d and Greenv~~e €~irect~ of ~ina~ Separate Rud'rt of G'~U~
~e~ric ~~`frty .45.3 ~ i ~
i
i
i
~Ve~ver end ~dw~, f..!_~. Pale ~
Pr~~e~i~n~ Servsc~s ~apa~~i
~
-
L.i. ~
5C}p GI~C~I~ ~~pr~a~
The audit for the arty shalt ~e ~er~orrned in leag~~en~ L~r . aecordcmaa vvifih U.s. ene~alf~r Aacept~d As ~ standa~l part of oar aud"~t, we wig sue a.
Audit~n Standards ~AAS~ ds ~t #orth ~y ~ ~a~~t per draft fio the Direatot ~f
Arnerican lns#i#ute of Cer'ti~ed ~ub~c ~'~ance. ~ rnar~ageent fetter r++~li detail audit
Acco~nfan a standards far dial auk t fnd~ ~md reaorr~rr~enda#~or~s af#tin~ forth in ~ eneraf Accounting Office's t~nancial stateer~ts, internal aon~u~, .
Covemment Auditing Standards, ~ ~ accountir, data praces~ng systems, legality of
_ appl's~le the prov~ans of the one Audit Act aafior~s, ir~stan~~s of r~or~comprance with laws
and U,s. Office of i~lanagem~nt ark budget and ~ufations, o~nd any aver atf of {01~8~ Oirc4.r A t 3~, audrfs of stat`~s, focal sigri~ccrnce to the financial oalfe~
of the
governments, and non prod arg~~ations. City. The iett~r~ili be addressed to ~e
Honorable tv~ayar and ems of the City . The audit w~l include tests of cvmpf•~nce of apprap~at~. .
utters that have a mcztterial impact en ~e
nanc~al statements relating to procedures
estabrrshed by Charter, Ci~Y Ordirrarre, pnd v~l~en applic❑~le, state dnd federal laws or
rufatians.
Cari~rnent orr~ ~ ►fc ~ the
~esi~,~~d['~{pyeprirod ! g } p
~~~e~ Elp~~ 1~ ~G ! r~lr~r~+~/~S/~~~~ ~Gy Lif~ ~~r
We hGve developed Q calendar a{ id teframe~s ~ regr~ gyred by the qty, The ca~end~, Which
inolud ~eldworl ~ate~, and ~ra~vus deli~rele i
ddte~, se€ves as both a ommunica~o and ' monitoring tool far I of us. ~e take our ~ ~ ~ ~ ~ ; -J~ k ~
cornrr~tment to you seriously and will vwrork . Y.:.,~b ~ r- - ti..
dillgentfywith you to rrtect or eaeceed fine ~ ~ .
scheduled d~adl~nes as ~d'~oted to our pldnr~ing ~ and c~rr~rnitment caiendc~. ~
W~ ~d ridweli. ~.LP. ~ ~ ~ ~rvfe~iorw~l ServFCe~ ~ropv~~
' J
~ _
.
t1~~- ~1~ ~~i
p
~~p~ audit ~p~~oo~h
~epcxf fo ire City ounce Ado, as part of our oud~, we will inform the O~#y
ounce of each of the folnr~n~:
~e aud~ko~~ respvnsi~i~i~ under U.~. ~ ~ ~ ~ ~ .
~r ger~~ra~ly accepted auc~ing standard x _ - ~ ~ ~ ~ . ti~ ti
Cold goYen~me#~f a~dtfi~r~g sf~r~drds ~ ~ . r _ _ , ~ .
Significant accaur~ing parties ~ ~ .f s. ~ , ~ . t
accoun~r~g es#~m~~5 _
5~grxcan~ audit ❑c~u~#~ . -.,:ti ~j . _ ;s . _ O~~er #n~oEma#ion in docurnonts ~ _ .1:. ~ : - ~ ~ - .
- ri~5.#[n~l'~ ~~1r~1 I~rl~ ".}I~`~~1.~ ~ 5 s~~.~r::. vY
Dreernen#S w#~'17 magernent ~ - ~ _ _
~lanagerr~~n~ cor~sul#a~ion wi#l~ o#her . ~ ~ ~ ~ - . acc~nrn#pn~
~ha~or issu~~ ~'~c~s~ed with rnanagernen~
prior to reter~n D€f~cui~ enco€~n~ered in perfarmin~
audit
ComrnuntCa~ar~s and ~oences ' ~urir~g vur engageEnen~, a wig d~cuss any
fndings w~h tie Director of ~wr~ance #o canl~
facts before iiuding in ar~y reparf. Ongoing comrnun~can w~#~ Oireor of Fnance and
of O'r~r personnel will be conducted
needed, as ~re11 as the foling conferences
~n~e canfererrce prior to ~#erim
work .
t c~nfer~nce at corusian of ~nferirn work
trance conference a~ beg~nir~g of
~ieldworlc i
~rvgre conferences as requested during feldwork
~xi# conference at the end of ~e~dwa~c
= Oonference when drer~ Dopy a~ mana~emer~~ Eeti-er is prepc~
' Prese~nta#ion #o the O'lfy c0l1i']Cil
i i
YI~~*ave~f CND ~6dW~~, ~..L~. 9 ~tDf~~51~~1gf ~gS P€Q~gS~f
I
I I
I
~~~~~LL
and aud~# ~p~ro~~
• t ~ ~ ~ ,
arlc PIS. ap~aa ao~,i~s of faun v~ork phases: ink e~gage~t pi~r~Eng. in#er~m fieiduvaric, ~naE
f~e~d►~a ar~d techniaa~ review.
~Ivd~t Process .
fur audit process is a sic based approach in which a idenf~fy potentia~areas of risk that cold dead #o.
c~eri~i misstatemf ofi the ~ ~nan~~ai sta#eme~ts and tailor our aud`~t praarr~ and aliacate our - Te$D~rCes per~om~ing the audit a~CO~dkng~. a fed a key ~n eva~Uai'IO~
risk En .on pU~I` 1S ~f0# on~+
obt~inin are ur~derst~ding of the r~yF~ intem~ cantroi, ca#bi~rhies and ~uacat~~ of personnel, but
a understanding the fty's opera~ans and accounting processes.
~n~ctf ~rgagement Planing
each year the ~im~ begins the auc~~# preparar~ at ❑n engagement piar~;
} ~tablish terms of engagement
l~e~iew prior year vlc pipers and 1*in~nc~ai sla#en~en#~
• R~a~h~ an ~ndersta€~ding of operation and accour~tir~ practices valuate the aa~nunting data processing control environment
Iden~~r patentipl a~dri risks to alcate time c~pprople~y
Caiculate pre~~minory estimate of r~ateri#y
prfo~n pre~~rri~nary anyt~ool p~edures to iden#ify possible ~nusua[ a~ unexped trends . ~ GomrnuniCate wig aua~t vommittee general audit pion and a~tairt input regarding
risk areas
' EIfQ~UGte ~aCtOrs [~ffeC#ing t~~' SCOp~, r?a~re OI]d ~g ~f aUC~~' ~B$tS
l~e~ne budgeted aunt mark for engagement team members . ommanicate wiih it~r at ~errton aon~ng ~ngagernent deta aid a~d'rtorl~ient
respOr~~ibi~f
i
4T ~
~N~B5Si0r1f~ ~ervi ~OpO$QF
C~~~ ~
7~ ~~+E~
L.i.
sod anal aud~ ~pp~oah
pr~pos gm~ion
~e~el of spa and ~~m~er o~ ~~~rs ~e a~~~ne~ ~v each prop~~ed s~ o~~h enga~eme~~. .
~~~o~ed S~~a~on - Pl~ng Ir~~~ ~ ~~rr'l~w ~
Cry D~vn Au~~ dwark ~ek~~ork ~ep~r~ng
Parfrt~ ~ 5 3~ 0
L
ll~~#~~~ers ! 5~~visa~r S~or~ 3~ ~~0 3l~
T~ S~ 2~0 9~D ~l~4
~r~pos~l ~egmen~a#~~n ~rn ~ R~ew n#o€~ i~~f~ ~lan~~g !work fle~dwo~Cc Rung ~~~C
~iud~
Prne~ ~ - 8 10
~[ar~~ge~s ~ upe~isory 5fa 6 4 ~ ~
~~a~ ~ ~4D ~ 4 d
T~tt~ ~0 74 T
W~ve~ and ~4w~1, LLP 1 ~ P~of~ 5erwis Proposal
~l~~i
L.~.P ,
Ica at~~ aud~ ~pp~va~
~~~a~n an Un~ers~o~r~~ng of ~'~y ~ ion ~b~s~ ~e A~ ~Ipp~ar pn~ v~~p an
~peraitor~ rout Pram
W~ wii~ ahtain ~n unders#an~ng of the ~#y's We will dgn are effe~e audit approach f~
operations ar~d consider cats at the fly fat er~vre that audit tesis are ef~~ent and that av~ald affect ~e scope and approach the repetit~►~ procedure3 are avoided.
We
audfi. onsid~a~'an wail # given to the ~~lov~ing can~der ~e nature, timing, and eer~i• of the
areasl'~tems: tee to be perrorrrted and de~relop the audit
program a~c.~or~ngly. We will also fy the The bc~ion of pity faa~rtie~, services auk pragrarn as needed #a rei~ect nges in
provided and aacountir~ fractions cand'~#`s, uneeated re5u frame tes#s of
generated by locarr operating efi'ectiver~ess of internal aeoounting The kcal year budget cont~~, r~ew information ar unant'~c~pated
The t~tai nurn~er of employees actiwit~es, SAS i~o.1t, P~anr~r~g and Super~r~s~on;
Services pravidec~ by the ~y ~nclud+rng SAS loo. l , Audi# Dacuntatian; SAS ] q~,
special programs pilot programs, ar l~ndvrstanding the Entity and i#s ~nv'anment and progrr~ administered with sfate or Asses~ng a i~ of Material 1~4issta#ements;
and
tederd! f~ind`~g SAS i la, Perfomning Audit l~roaedures
• The nature ventures, ~ a~1~ ReSpo~SB t~ Asse~Sed Irks ~€nd valuating the The ea~s#enae and #~,nations a€ auc~t Au# Evidee tined provide guid~a ate
cornmif#ee ~ audi# programs and rvo~c paper daaurnentn~an.
The pity's revenue Sources
1 The pity's eieatranic data proaess~ng A pfar~ning meorar~dunrr de~cbing the averali ~~p~ a~rarrgemenfs. We wig assess the approach the aunt of the City at
Denton vvi~
types of hardWar~ and sof~are t the be preppred and ~W~i rnude:
ty uses and s~ce of the P deparier~t Aud'~t ~i~~ctives
• The nature of con~pSanae pud~ir~g Aud"rf staig and resporibi~fies
re~uiremen~ The appc~ian of analytical procedures
The organ¢ationa! structure the extent of supervon to be provided ~a~vs, states ar~d re,~la~ons gaveming ~ A tune budget far the engagement by
the general aperatiar~s of the fy aunt aria
The types of funds ar~d account gtaups ~ ~~ate~ali~ le~~els used aor p;an~~ a~ S~gnr~can# mterr~a~ crr externs! event A assemen# as i# plates ~a t}~e ~
~
whits could include than es in: 9 . unde~star~ing of internal control
manag ernent yr i~ey accour~f~ng obtained #o plan tt~e audit
personnei~ pones and procedures, lang~ ~ Work paper dvcumentati guFdernes term debt. capifai t~ssets, ieg~
requirementsf ecantic ideratFon,
and~or polital envirvr~rrnt A~c~ur~ting probl~rns~~ssues
Repar~ingldiosare moues
~eavsr and ~idw~li, L.I.F. ~ I ~ • Prv~es5io~r~ 58~vrc~s P~posa~
Wv~~ .
, T~~~~~~
r•
sop and ~u~~~ ~ppl~~~c~
Addi~ronal pracedures we w~l u~T~e to assist in SAS Flo. 5~, Cansideratian of ~e Internal Cvntroi the piar~ning ❑f the aud'r# ❑re ta: Sfiructure ~n a financial ~tafement
Au#; d SAS
- No. 7~, Consid~rati[an of lnterna! Cantroi in a
• Review prime year audit reports and wprf~ !='mo~r~ciai statement Ault; An Amendment to
papers A5 Nv. SS defines lnterna# conl~r~ai as "a pracess - • ~e~vy iew repvr~ iced durinpg the~yedr e##ected ~~y~}a}n ~~n~~j#~'~ ~aap~d of t~.~sie~.[ep~,~ }
gran#or a~~~~~p~~}~/.+~i.r ~~y~~+~~~Vy~~r +~'~t~ ri#rrR I~if~ll~ti+pF 1i~ ~}{~y1~.1p~~~f .~}~4~++nn~! ~ ~ri~yV+a~}~n~~ 1~
~]tl1er ~~~~~rnf 4Fr1 +~rl{i~~ ~r✓W~~J~G ~r~,~L~~ai i4~ rv ar~4i 1~ 1~~ • Review cement accdur~tinglaud'~ng achievement of objectives in fife fa~ovving
prano~ncer~ents far their irnpt fhe categories:
current yew's ~i#
Deferrnine if fhere was signcont l~tierab~'rty of financial repor#ing employee #umaver witt~n the City Effectiveness and e~aiency of
Dteri~'u~e if there wefe signifi~ani OperC~i~i~l5 -
changes m intemal control amp~ance ~h applicable laws and • ~eterrnine if there were sigcant ~ regulations
charges in the City's co~iputer systerr~s
• Determine if there are significant staff we will abtain an ade~u~te under~t~ding of
❑ancems~ssues the City"~ infernal aonfro! related to the control fuss with the dent the assis#ance to env'rrarunent, a~sessmentR control activities,
be provided to the du~tarr i.e,, infom~at~n and comrn~,nication and monitoring.
schedules to be prepared and ~i~ ►~n~! be accomplished ~y; availabirty of the went
review City Counl min~,~e~ for the year ~evieng tr~#s, and ~eterrnin~n~
#hraugh fhe most aurren~ date~y+dvairidbie vah~e{t/h{e~ty~they have been piaaed in
* Review ~ Vr1~~L.J~r ~~1 i ~~~t? ~~Gi 411 ~V3 1 debt moments entered into during the w Assessing a materiafty of floe various
year account balonces and t~ansac#ion
~as~ - ~btainin~ an ~ndersfanding of ~nternoi Cans ~valt~atir~ the risk factors #hdt could
_ A5 an integral part of our audit pianr~ng, we affect the spe of testing
~ ~Dl~pl~t~ C~~JeSt~~~r''e5 relat:n~ to lr~te~a~
cant[al, ~e City"s operc~#iar>s, and accoun~ng Ap~oaich Repoi~il~g compliance r+rith 1a processes. A more in~-depth undemanding of the and ~egularion
City of i~entcn's operations and ac~aunting in the course of plarinir~g the engagement, vve
processes will assist us in performing a mare vvi~ obtazn on understanding of the effects of thorough, efficient and ef'iective audit as wail as iaw~ and regulations that have
a direct and
enabling us to in ❑ betf er passion to make ma#~ial effect on the detenninafior~ of arnadn~
. _ value added r~anager~ent comments. ~a assist in the fr~ant~vl statements. Theme steps w~l be
ii, assessing risk or>id allocng resources we win taken tc determine iavvs and regulations sub~# reviev►r internal audit pra~ects fo ideal#dy areas tc audit #es#s:
where the intemai a~idit depdrtrnent oan cusist us
in the engagement ~iSCU55 applicable lnrs artd regulations with the Director of l=~nar~e and legal
unsel, ~ ~diocited
• utir~e infom~ation from prior year work
Review certain gran#s and Contacts .
Review City minutes
~bta~r~ written representa#ia from management
~e~n+~r ~d ~rdwe~. ~..P_ Page ~ 3 Professior►af Sew propos~I
t
~W
~'~~w~
SOS ❑U~l~' ~~ot~h
l~Vo v~~ con~der interne aQn~~ CQt~gories fior ~n~e~m ~efdworEc
which fasti ~ required ~ accardaoce with Testing the i~ernal cantrQi s~ucture wiq be
{~Ar[6 ~ircuiar A-fi 33. Th~s~ oddi~onai internaf p~m~~ deaf the intes~n fieldwork and i~
can~rol categories ~,clude: planned to be complefiod prior tv Augt
8. • ~'ransaction~ ire proper recorded and
ac~oU~~ed for f4: ~ l~e~~ tesf~ Of aacoUnt~n con#ro~s P81xn~# ~1e p~paraf~n of reliable ~ Porfom~ t~$t' #Or C£?l~t~~larlCe wig ~
~naral sfatemer~s and i"edera! and regcrlatipns _
repvr~s ~ l~ev+ew and evaluate data ~racessir~g
• Maintain accounfa~b~ aver asses aativif ~emans#rafe oarn~'iance with laws, >~e~gn deta~~ of a~di# programs for
regulal~nsr and at~her oomp~ar~e s~Jbstan~ve #est worl~, inducting speaifc
requ~`erner~fs proced~r to be app~ed bid on
TranSaction5 are executed ~n resui~s of aan#s, s~n~aant aUd~t arQ~ comprance wifh; iderltedr and p~e~~"liin~~l estirnate
~ Y~1+ ■~r71 ~~i73r LI f4r1 ~11~~VT~JjVEI3 Vi Idi~f4~1~
of con#r~ or grant agreements ~ ~ertorm ir~ter~m substantfve tes# wok and that could have a~ direct and analy51s of selected aaaoun
material e#fect on a ~cl - .
program Apprtch to be taken ~n drawing aud`~# sam les
~rny other haws and rula#~ons that ~ for ~ purges of test of aompiianoe are identified in the ~amp~ant~e if ~ ~ da#enr~ned the cant structure will support
~appiemer~ ~ red~c~d c~oni~ol risk ern' and reifanae
finds, propy, and other wets are o~ con#rols ~ reduce the arnount of s~r~s#an~ve safeguarded agains# loss trorn fasting necessary to ga#~er sui'fiicient evidential
naryu~t{h* edqupse o{r~{d~ i$s{p~ ~~y~~on maker fo ~pp~r~- the o~ir~~n on the f~€~~m~ai id~rl~ t~ i~u 4t1 1 i~ 1 V~ i i HJ ~4~~~r~~ J~~~ni ~V! ' ~W/tF ~ ep
is ~o design tests ofi
financial ass~tanae programs conirvls, Activities mowed or unc~iowed
Avowable costs{av~ r~ciples fur {aafior~ a~ ~dividua! #ransact~ar far control
• ~c mc~ageenfi tasting be o ran~dorn sampan and a rasa#ts ~avis~acan AC~# of our test will be evalua#ed used an
i~~gibty noatistical rnethods fior a~ibute sarnpxin~. e
E~~prr~ettt and real pro~er#Y fesfis ofi con#rols, if or`~, are to be pe~orrned
marxagnent during ~nterirn fieldwork., Match~n~, level of effort, earmcing
• Period of availabi`~fy of ~deral funds Avd~t Porn
Prvcurerrsen# and ~en~Qn and a s~e~on of audit procedures ar~d design afi debarment auc~t pragrarns is an excise of professional ~
iara~am ir~corr~e }udgme~f on the rf of audi# Learn members,
Real property auisiti and guided ~y ~ iiaies and our po experience in r~loca~ori a~sis'farice praca~dures aUdl~l ~J~obier~. ~
~ audit prografs a~ ta~vr~nade fir each
Sub recipient monitoring individual account, Our program v~l ~be based
Special tens and prov~~ons ors our fasts al` controls, our evaluation of inherent
risk, igni~a~ audit areas ar~d our pre~rnin~y estirnate o€ rnateria~i~r.
►~ea~rer and Tdwe~, L.LP. ~raaf~s~os~a~~s Proposal ~ ~a~e ~4
~i~
5~?~ 1~~ QUC~~t 0~~~~~Ch
l:i~a~ ~ie~dwork ~arnp~e ~ a~ the exfi~r~ to which stacal ~naf 1'ieadw~k v~ be perfumed a#ter the }iea~ ~ #a be used ~ the en~gment
end clo~mg at accounts. The final ~ieldwerk The nacre and size at the C`ar's apera~ns .
phase is planned to be cvrnpf~ted by ,ianua~r require that we design our p~cedures to i~lude r ~ and cif include the majority vt the sa~np~r appl«ca for ce~ain a~cvunts
and
s~bs#antiwe #esis to be peed durir►g the types of tranot~on~, Afl sarnpling applicati~s
en~~~~i i,tr mcluc~ng. ```pGi lL/~~ 1 ~ f~vd ~ a~~a~~f'~+a~~r~[ ~ ~V.
AVV~ ~arrl~lin~r ark tl ~i lliti.r~~ Aul,~it~ Oil A.1 Perf4rrn aud~ tests and complete Aaatiuntin~ Guide. AU~rt Samp~. ►~e
preparation of dut~t work papers onticipate uti~ing notafcal and prababff~r
Cat~plete auc~} p~msr procedU~eS proportional to B ~amp~r~. Sample B5 .and canciusions car~of ~e detem~ined ~ advance. we v+~if
Auf ol:~canwers~an entries to detem~ir the most ef~cier~ sample sees used
~overnrnen# wide ~nanaal state~r~ents an our evaluat`~on of the characfetis at the
Discus audit ~indir~ acrd a~f~usting population to be sampled, en~'1eS tirvith Dic#or of finance
C~bfain client represefltations and s~ a~ Techo
attorney lefters ~ ~o enhance our audit ef~cier~cyr we ut~¢e
technak~y where pracficab3 we Aire SOH ~e~o~mance ~ Srran#Ive Prvicedure~ En~~gement, a work paper rr~a~ntenonce and
Once we have obtained art under~tandin~ of trial balance program, whh ena~iles us to
interr~ai control, vwe will de#ermine the extent and essentially per#arm a paperies~ aud'rl'.1~ork type of sulastantive p~Cedures fa ~e per~a~med. papers ate finked fa cvrrespanding
~uorlc papers
The ASi`~ documents procedures which should for ease vt access aid staff assigned tv the
~~yy~ p~'li~Qrr~nye~l ~Oryr~~ry'hry~~v~anaU~ ~nan~lp{ ~~`Qt~'ri~.1~t ~'nent fan Sham ~l+~~S ~#C~ a 1D~a~ ~#rr~a 4~f~,+~~u~ 1~ arx~ til.i~ ~,7~4.Ilan~ ~~..~.r ~ an~ lad
[3r~a1 dat~ Mr41n ~~►fl ilaa~
investmentsf tong-term deft, e~c.~. Acrding #a directly info the saft~►~are for pr~parat~n at trial
SAS No. Plarrn~ng and $uper~iS~on, ~ l~0.77 l~alp~nces, par#vITnanoe at analy~cpf procedures
Amendments to SAS loo, , l~lann~g ar~d and to QS~ISt In ~nanr~a~ stt~##err~ent preparation, ~ Supervision; the auditor should develop effective
j c€nd e~sent edit pro'ams which inc#ude audit vVe dlsa have a cc~pt~bl~ty to u~r~e AO~r ~Audrt
praced~res #hat the auditor beeves are ~ ~^~mand ~r~sae~ ~~~h ~ a data e„~tractivn necesry to a~c~r~pr~h the abjec~ves of the pro that wilt enC~ble u~ to pert
certain
aud'r~. proce~ure5 on ~drge data files. l: or example vie
can review the `qty's check register tar duplicate
Tire nanc~t~ obtive is to ptavide reasonable pcents, unapproved vendors, and unusual assurance that the C."~y of Benton ~ be able to pa#terns in checks wriffen. we may
also review
p~aperl~ and accurately process, surr~mte, utili#y bi~r~g registers for appropriate deposits
and report financial data that are aar~sistent with used on 'initial date of service. 1~►le can review the five assertions. The t'ive psrliar~5 are: payroll records for
ur~u~trai a~#ributes.
• Existence or occurrence
Completeness Rights tmd ab~gations
Valuation ar a~ocafian
i~esentatian and d'asura
~eauer ar~d r~dweq, !.l..~. ~a~~ s~
1. ~Plm rnrrr~r~nrw~lWE - -
h
f! V1Z~~~
Y} ~y/y # ~ ~ i}}! y~yy~~
~.L.i-
~o~ ~r~d ~~p~~a~
An~cal Procedures ~ Te~c~ ~evfe~w and n9 . V~leaver aril Tidv►re~ u~6s enatyfiadl procedures The ~n~ ~ha~e of ~ audit wig begin as t~inal
e~er~iveiy in #~e ptann, performance and ~rie~dwor~ ends, Aatie~ #o be aornp~ted du~r~g
review of engagemenf t~ro~g~ evaluat~ns ~ fec~nica~ rev~w phase of ~e aunt include: v~ in#errelatihips of bad n~an~aE ar~d
. nonnanciai data. Ar~ica~ procedures Engag~nent partner re~riew of aEl wo~c
inud~: to erne comRi~anc~ wig
~ec~niea! s#dard~ Comparison of t-inanat ir~forrnc~on wifi~ T~icat review of a~ work pa~er~ -
~ab~e prior periods giving Conduct cor~fe~ert~e to view f~nanciai
aar~~deration to la~own ct~an~ for s#~#erne~, auditar`~ opir~on, and fine exatnp, aornpar c~# revenues pre~rninary rnat~agernent fetter
expen~tures~expenses with ~ornpQrable cvr~r~n
interim perms d batc~c for unusual ~b#ain vvrifit representa~ons from
or unexpeatd va~or~] management Comparison of actual v~th an~ci~a~~d Perform fiat analya~ proaeres
resins afar camp~e, aornrisons of ~ lue o~on ~n basin f~nana~ai
. revenues, e~en~i#ures~~es wi#t~ statements, cornbin~g and ind'dua~
budgeted a€nourrts of expeed resu~~ fund ~nccial s~a~ernenfs and schedutes, w valuation of reiafiionships among mo~nagemenfi t~ttar, and report to the
elernen#s o~ ~ancia# in~onna~an within Aud'd ~nanc~e corr~~tee
tMe period ~e.g.. ~eeivables in relation . to #~lir~gs, revenu~.'~ reit~tion to costs} Upon cornpie#ion afi fie~dwar~, fihe eng~gemen~
} ~vdlucrt~on o~ ~ir~an~al tnfoXr~lafiloC! v~ith par#ner wail r~vieV1l ~ enure engagement, v+~#h
relevant non~nar~aai in~~xrnafian pariicutar attention tO s~ni~cat~f aud`~ C'A'eo~.
re~Drt and work pppBrS Wrq revleed by ' F . F'' - r ~ ~ { I ~LI4 i 1 71V+4~1 ! 1~/ ■ IL+►T Vl f 7►1 i f i
_ ~ ~ the wo~c popery ava~able, defiem~~e the cornptetenes~ wifih which e engagemenf haS s: ~ u . ~ ~ been per~arrned. the aucr~tor's reviev~ w~l
de#e~xnine whether~udgrn~ rn~de by avers ray - ~ are E'~~SO~1ab~~ r~3fe#~.er~ E11 ~ry
~ ~lipporg dada Ong fio g~nefai~f ~xae~fied accaunt~g
z~! . ~ - prinaiptest audi►g stand, gove~nrnent
- au~rting standards and rrn policy, y - f F '
'
!l~
wl ~r'+ri i~fF -
r 'i•. ~ ~ , r _ r~
- H•
~~a ~d ram ~~ge t ~ ~rofass~or~f Se~vyce~ ~rop~~a1
.»~..~,g-..-~ ~~G~
~ll~l~ ~p~~~~
R~part Farman ~tanc~ ~ be pry a Cry Following ~~r~pletlon ofi fihe aud~ of the ~sc~ in consultation v~ith s D~ector of iw~nanae.
~+ear's f~n~ra~ statement, we wr11 issue. the ~~n viii ident~y all s~I~duies customty .
prepared by fhe City in conj€~nction with e
A repot on the #air preser~ta~ion of the annual art. the i"'~rn's o~ective is to aGocate ~nanoipl staternfs in con~t~ v~th vr~y #hose tasks tv the iffy ~ar~ product That
will
US~ general~+ accepted a~cvuntir result in the greafestoast-e~iciar~c~y ~rr~rall.
prinolple~ A repvrf on ~ inten~ol cor~rof s#ructure ki~rt~ca'~on a~ Ad~c~led ~a~er~ Audit
used on tl~ auditor's undearx~ng ofi Prob~err~ -
fhe internal cor~frol ar~d assessment of we do i~ot ~nfiic~ate any audit prnl~ems.
cantrol risk . ~ A rt on cornp~an~ with app~ca~le ~ ~
I€~w5 and TegUEa~On~ ~ ~ .~'4 ~~-'My ~
- ~ A report ~r1 np~ance a on internal - ~r ~ ~
control aver COmp~ance appliaa~le to ..~ti . ~h~ mar ~rC~l and st~lte ~~vc~rd
pro~rarnS in paoCxdanCe with the i.1.5. .
~~Ce of Ntanagement and Budget '~cviar A-~ and ~e~ca5 Urnfarrr:
~dnt h~ar~gernenf ~fandard5, ~
[n fhe required reports on aamplE~ne and
r~ternal oor~trols,lN@ ~r►r~ll comu~cdfe ar~y
signcar~t deficiencies in. q~tern~l can~rol found during the avd~t. A signi~cc~t de~it~err ~
deliined as a aar~l de~iery, or oom~irtia~an
ol~ control defc:iencies, that adversely dffee#s the . er~~ty's a~~rl~ 1nrllate, LILirF IVI I~r~l. r~Lr~l dr ;
prat: or re~p~po}rt~ ~inarir~ ~~dat~ar+r~e~a~ly ~n ~~~y.~
~~rk~~.~.+1 ~.~A1 [1r~ YY 1 ii 1 ~7i.1kr~ it 14~! ~Ir~ 1 1 iVffr
~~an o rya#e f[~ood tl ❑ rr~isstatement of . the entit~r`s financial statements That ~ ~ #h
in~:onseq~er~tial will not be prevnfed or
detect.
~ignif~car~t def~c~enc'~:s tl~ a~ also mater'~1 - .
weaesses will be ident~`ied as such ~ the
report. Nargni~~ant deficiencies d"vvered will be reported in a separate letter to
rnanagomenfr why shad referred to ~
- reparts ~n comp~anCe and ir~em~d C~nfrol5.
I~f~ve~ ~r~d Td~+ve~. Li..P. ~ 1 ~
Pr~f~~iorr~l Servic.~s 0,~ ~ .
~1~~~
T~~~~L~
~,L.F
~a~~d ~~vir~ o~ AFB
rnpre~r~n~ve Annul ~r~a~ ~e~ort We ►n~~l vow the ~s ~R #o determine if rf is
En the ~orr# end corxtai$nsythe c~n~er~t n~ece{s~~a~y
i~ r~~ t~~r ~r~~i~~a~ Qi it i~r ~i~ ~ii~+~EG
~chievemen# for ce~e~ce in ~i~an~ia~ - . e A w~~l be ~ µ Repang ~y fhe FAA, ~h ~R - .
rev~e►d by a stiff merr~~er why Derv • ~y 1 e~ 0Y ~ fly b •
~Vi • ~F•! ~i 1 YV ~~Y~I ;T~ fll~l ~TRI F~Y Yl ~1 i •'AY u~-±~` ~ , if•~
ti '.f Ct~1'1~me~'1~. ~ s
' * ~ . H
~ } j . j y FF~ 4yr' ~r
r ;}i ~ ~ ~f•• `i7f ~ ~ + ~i+r •
~y
' r..
i
i
~~Qrr$r end ~d, tl,~. ~pg~ i8
~rotes~onai Sew ~qpo~!
'~a~~
~~ul~
urn's abi~y #o r~e~f ~e Ames in~~ ~ ~~P - Tho saheduie below ~difie~ the dies of diverdb~s, Vie will w9v~ w~h fihe iiy fio admire fO fhe
scdu~e. -
~rn
lr~fienm aud~~ ~d~ ~~d ~anfiral firming august ~ ~ ~~2
Phy~oaf Inven~o~y Sap#er~r~~r
~scol yea~r~nd epternber
Sari' of Sepfiemi dose of ~raale aacaonfi~ng sysfier~ ~c#ober 1~
Aud`~fi aiosing folder ~ma ov~I~bie to aud`~ors and Decernf~~ ~
auditors ~ ~ ar-and vvat
[~fie~rn ~AF~ government v#e ets ~ecemf 22
CAI=R dr~#t d~er~d to dud'ri~rs for r~v~e~r ()ember 2~
Noes, ~[DB,A, i~ansrnififi~l lever ~an~cxy ~
~a~stial seo#i ar~d compiefie ~ defiverad fiv .
aud'ri'ors ~~nut~y ~ DES managenn~ fever, aud"~ aammiea ie~ter and
sin ~e audit a Jar~ua~y 3~
A~ fievvoric should be compie~od c~nd Ai=R drab ~anaa~y . rend fia ~e onfroifer with an correcfiions Holed
MFR m~ie#ed January
F~ fiaften fn ~eprograpf~ics ~cx print#ng .far~u~r 3~
~rudi~ repori~ wanted ~a ~uditnana~ ammiti'ee ~ua~
and ounoii
weaver ar~d T~►++~II. age Profe~ional 5~vtoes Praposa[
j~~~~~~,
~~~~f~n~~S
As ~equeste~. ~~~ng dr~bes ~e~en~ ~dl ar~d regional oud'rting ~xpen ~mi~a~ ~o the fop ~fi
aud'~ ~ of r~~on has requested,
~
~ngagemer~ - ~c~ f Pine Yrs Par~ne~
Hour
~`rty of ~e ~o~o 0 his. Rebec~:a K~v ~ Pc~ke~ ~nCmei~pi and 5~ngie A~~'~
Dirac~t~ of ace
97~.~24.~~ 4~
~`€~y of sa ~q Ms. ~amei+~a Browder 4 weer ~r~r~nc~al and ~ Aud~~
Dife~#or of ~ir~ance . 9.93
. Town of Addi~vn ir.M!1~ryrf+lR~a~pd/~4r-lp~n~ray~re~ ~ G~f ~inao~ Audi iQi~ I~i3 ~S..V ~+i~~+4~~4+~r
I
}
i '
~1G7]71.M 1~I ~41 Y~{.r.~
L .
4r~l~R
a~d~#~~na~ ~~#a and ~#hr ~r~fa~~~n - ov~lm~l~#a~ ~n#
~'he following Is a par~iai ~f govru~tal ~~~n far wpm vie p~o~de prcafs$ia services.
u€~iclpae~ ~ ~ Loci C,~►r~s
l a~ ~►n. Taxds* ~ ~ noSofa Economic ~evelopmen~ Ccxparoi~on pity Of Banbrook* Deco Regional pispa~ch Cent
~y of fi oiony* ~~s oun~ R~r~ Rai Trar~~ort
€~y of DaSafo* ~r~le Hea~ic ~]~ir~y em
~~ty o€ ~iess~ fie~cas* ~!e#ro~o~ifa~r~ Aran VYort~} Arnbaia~nca ~i#y of i=riSC~* Au~y
of brand Pra`* Midlofh ornmun~y Deve~ppm~t
rl~y of Creerm~le, Teaca~* ~'pora~on iiy of ~Iaj~om ~l ~kid~o#h Drel~prne~t Aufharify
iii of lancer* ~ Texas enffai Gour~c~ o~ av~mmen
pity of lewilla* #da~'h Texas ~an~c~pai iNatar l~is~ricf
its of ~cnr~ey* Ta~anf Ap~rc~a~ l~ii pity of lr+xiC~l[~~ian Tarrant nay
it~r of Sachse*
ify of Sagirv* -
Cif~+ of Seagov~l~* *Reci~ian~ ~f iA Award far Excenaa ~n ~ify of Sou~hiaice* i=ir~ar~ci~l Rcparlirr~
~i of ~p~ngfv~vn, ~Racipienf of ASSN Ar+vard for Ex~e~~nce i~
i~v of ~n~~rty ~ark* i;marrc~~l Repor#ing ray of a~au~a. Texas*
down o~ Addisan*
T Towr~~vf Higl~and ~a Tovv€~ of l~or~fake
Town of ~fvph~ Club .
lndep~n School D~s~6duca~on . E~irc~villa l`5l~
Fort'~Vor~ iSD*~+
scan den#. ~~ion ~ wand Prt~~~~ ~SD* f±
rapavinaloi~yvilla
Hul~fiord lD*I~ .
~~h~~~~ l~a~ ~n*~+ Irving l~~*1+
I~eRer ISD .
~evv~v~le ~~~3*~~ . esc~u~~a ~Sp
Pia lSl~* .
die ~5~
Tarran# our~fy olle~e ~is#rlcf* ~ . North Texas Higi~er Ed€~ca~on Au~ority .
1~~r►er a~ LLB. Pale PFgio~al Services Prstrl
--..~1
_~i , . Ti~w~~L
L.~..~ II ~r
1~looNer and ~id►~eii, L.f..~„ ~S a~non~ #ho #op ~e~ves
~ ~o ae~ed puhr~c accounting ~ ~ the ~ Assurance
na~on a~ordir~g to the 2oQ~` Pubic ~ Acct~un~n~ . Aoc~un~ng ~epor~Top i Fans r~, ar~d is ~ T
rar~lced the iaest regional independent ~ Mate Pnn~weaith Trans~e~
acaounfing ~ m the Soufihwes# by ~ac~cal ~ risk Assessment . Accour~#ant amine. The F~r~ operas _ internal Audit
owes in ~ ash. Callas ar~d ~ot~ston with ~ ~ Auk .
ovefi learn mernbe~s, including more than ~ SOX Coulting
~ ce~i~ed public accau~#ants dnd three Business V~uat~~on Servia~ ~aensed atforn~ys. Af~af~ons tl~rou~h Bar ~ on~ui~ng g~viCes
intema#ional av~ for serv'~e de~rery P~ ~+hancernent
naf~nail~ prtd vaorldido. The ~ITn's en# ~ ~nfcxnon Tenobgy ser~riaes base includes private and pub~oiy hek~ ~ i.i#igati~ Support
bu~~ess ~nterpris~s, kcal ~ovemrnent~r i Prape Tax ~uitinc~
muniaipaes, nanpro ar►d indn~idua~~ ~ Cos# Segregai~n • Sate and i*ocal Tax
INn ~ lntematipnal Tt,~
vVeover and ~dweli, and i af~iiates are
aommt~~~l to ~JLCB~~nCB. CUr on 15 ~@5 Sew prOV~do our die the h~ght ~uai~ty, C~ent~ ~ focal Government
oriented professional services ~ are e'ra . ~ N~anufavring and ~olesale
measure v~ personal attivn through ~ ~bu#'son
arganrza~on where oar people suocd. ~ f aid Gas Teahnoly
Vl~euver and Tdwl provides c~~ in ❑il ~etaii
ii'rdusfinES With o5stsfatlCe in ~rad~~OR~~ ~ ale accounfir~g services and speciar~ed services. ~ ~ Gorman
1•~ospitaCt~~~es~aurant
Nonprv~t i~rofessic~al ~errriaes
" Arf~ acid ~~i~'~nri'l~n~
■ ~dUCat~4n Fnar~cial ~dushy
l+#eaf Care
Pmrpte foundations
~ea~rerafldwe~~, LLB. P° ~
P~o~e~or►r~ Services ~ropc6r~
ad~~t~o~a~ ~a#a and ~~~~r ~nm~a~io~ - ~Y weaver ~n ~i~l~
~ ~ ~ ~ na~or~
i~~o~a~ ~ ~c~es~ive our ioca~ head~ters, con~bin~ed with s~ategic
np~onal acrd ~nterna#~onal aa~ar, aliQV+~ uS fia
offer you fibs resaurce~ a Ic~ge wi#hovt fhe
fees requited to suppo~ nc~iianal or ~ternai~anal averted.
o~m~ed ~o r corner Baron
'l~he only goal you cant accornp~~h ~ the one y 't go affer~ fur ~nisn ~ to help you
iden~fiy ark achieve your ~rsar~eiai gaffs. Rs
suchr pro~n'~e fO de~ve~' p~fe~sional service thcr~ add st~~urable:R value.
Pro~dirrg "a►~esome" c.~e~ senr~ce
Mernl~rs of yaur engernenfi t~a~n,including 5ef1~QC rr~anac}erner~t~r 1Nlll cOn~mur~ca~e wifih you
❑ fiirneiy a~ Goe~us tanner all yeah iOOg. y•~' W
rift ]4~5t during your ena~ei~len~'. ~S ❑ ~~rn ` G~ Er1C~fldUa~, ~C~ Meat Ya~UB Qri- ~ . ~ti. • ,
t yJ long-fierm r~iai~ans~`~~s, and pra~~d~'~g ~ ' r t -.{r R'tE. ~
ouondin9 service ~s ane way we ampl~h
thy,
~~j~YF~~ y~~ ~+\FA~7~~ r. Sri a i ~M•~~`
yaur profies~onai serves provider, we +e a rparrsibiiifiy to seam yon bu~ness and
U~ld'a~d your ~@. acaamph t~1~5, t+~B
Ufi~`¢e cvri~pretnSiv~, ir~dusi~y-spec researci~
fiaoi~ tD idenfi~y ❑nd address iSSU~S facing yam.
~e~r~9 ~a~edge i~ ►~er each member of our client-ser~~g ~i~ ~a~icipates in a rigor~ou ~ragra a~ aon~r~uirtg ~rofiona~
education so the we can asst you wjth the process of ar~slat~ng r..arrrplex in~farmc~tion into i~nvwlet~e~
. aid imawledge io decisions, we afsa* have several speaal~~a~v xes+er~ted wifihin fibs i'~iy~m inciu~ing aclri~led bllSir~e55 ■aIVL1iVt,ir Vi+~~r{rl1i ~.~]fUl~r ~~L~N
~~rIJ, ~i41#11i~ II{ F~rll Ir.i~a~ ~a~n. ~il
examiners, certified Rrot enhancemer~' consulta~~s. ~~censed aitomey~ and ~ aria! special•~.
'~~kin~ a ~tiv~ s~~ on your bei~l~ Ile sfre fio help you peach your fina~aal gaals by inforrr~ you of relevant Saw changes yr add'rlior~i
services we can provide heip you sere the ppporturuties and cvnc~r,er fibs chalfe~es/a+~o~ng fi wpay. In
~~~~1~~] 1 I ~ 4a~~~~~ ti.f.Vk.ill ~1 f~i l~ ,iir ~~1 ~1.►~a ~+~1~~~ ~F~.+ ~~VIV~.Ii~,~ ~~V tossed on specific indus~ies. ~efi weaver and Tdweli be ~rour gone stop
sf~o~" f prafessianai services.
~Teanfer. aid T,dll. ~.L..P. Page 23
~'o~e~a~ai Serv's Propa~d
I
i 1
~~w -
~ddifi~na~ d~~~l and a~he~ ~n~~at~on ~ a~atian
~~~~►t ¢f w.~~ ~~a R:.
~rV` ar~~ 11~~1~ ~ ~t V~~Gr~
~ualk~ed plan adrrtrat~an for rare bran ~ p rrnber Qf Bgk~r 1~IY lr~trna'l~onal, fhe ~0 ~eC~s, COn~inUd gral+v#h and s~CC~sS ~ world's Sth ~ar~ ❑Cao~i~ng ~ t1NOr~C,
of ~h15 demon ked to tie Cron of a we h the res~rc~s nec~ary to sae
s~~arate af~iater Refrrenfi Plan Concepts. our dents woCld~wide. If prn~ides the allowing services;
w`~th 138 f~ms m 144 rountr', fhe dal Ykl~
~ef~er~ent ~~n cons~.xlting and neon provld~s dienfs r~ith the
adn~ri~str~tion astance local and regional aou~tin~ ~ ~ Prod ~Ing Plans ~r v~~de. ~ I~~r bit ~o our dents ~
employ S#oC~c e~i~ Plans the fad these services are pravld~d by
~ of the dal business afnmuruty ~n 40~~b~ flans each aor~n#ry, ~tM peo~e lawiedr~ep~8
~i~ple P about f'ha oUlfai, pol'rlioal and eCOnamic
i~ew Cornpa~bt~~y anb Age- foroe~s ~n the area, as wed as the teohn~cak
~e~ghted Plor~ re~u~errtents of col tax lavw and F afeiaria fans prof~onal arco#ing standards. fur
Consulting ors plan design, partner fiend canferenoes and. vet kally
esfab~sl~mer~# and impmentation v+i~th many v€ our Baic~r Thy oa~eag€~es and • l~ev~w Cf ex~t~g fans and can rely on their services to our clients.
operations
oord~[nafe w~h Current invesfinent
provider
a~ ~'~~~re~~
~in~n~~a~ d~~s~rs, d. ~
l~eavar ar~d ~'eli ~~nanCial Adv~ors► ltd..
provides Campreher~ive eal~h l~lanagent soh,tions fo indtv~duals and
~u~ne~es to asst them in bu~dir~g,
preserving and ~stiibu~ng fhelr wealth.
w~awer and T~we~, Ll.P. Page ~4 Profe S~ Prapa
I l
~
a~~~f~~n~l ~a~~ ~~d a~h~r ir~~v~n~~~n - ~vi~
~ ~
~ ~a~~
~~~a~
i~i~i ~ ~~#~r1r~~~~~~
~.o~, ~t a a~~ie h ~ ~rp~m~~
~ arc o~"ario~ ~ ~a~~~ ~ ~g~ lil~~
~
~po~
weaver ~d ~.,P. Fage ~~~~M 77~~ Y rt~ * Rr ~V 1Stl
i
--V-~-
P
~d~~~ona~ ~~ta ~d ~fi~~r ~~#~~~i~n - ~n~~~try ~ai~~ing~ .
. ~eave~ and Tdwei~,1..~.P.+ is ~~e
~ ~ ~ ~ ~ ~ ' onf~y ~~xas~a~ed ~penden~
~ accvun~r~g f on Pubic
f~aao~rn~ing ~~~c~t'~ Aener~ca's 1 lost ~u~~a A~~n~ng
C~,',Zfl~Shdaltitaiib+ ~ ~ i 3 3f i` ~ s -
~ Fidel! IS aQrl'e~'k~y ~IS~Bd
~ .~c~w~.~ Fes; ,:a t; sr ~ ~ ~ ~ arY34n~ "~1~ ~ a~~[~nfir7g'~C~i~
~ ~x 4~ ~ ~ ~ ~ ~ ~ ~ DFIN ~n ba~l~ a ~~rf ~ - ~ ~ ~ ~ ° ~usir Proms and Dailas
. ~ ' = ~ ~ ~ ~ ~ ~ $uSfn~ ~au~nal ~34L31~ o~ L'15"~5. ~ tn~~1li,ppol~Lf~~li~e~i~o~ i 7~ ~ t ft ~ ~ ~ ~
~2 - ~ t43t s~ ~ ~ ~ -9Q T id .fit } ~1 f9~ ~ i '!'i ~ R~ ~ - . 1 ~ ~ ~ ~ . ~ ~ ~ ~ ~ ~~acfa€!
Acc~u~an~ Maga~r
. , ~ - - I ~ ~ ~ ~ ~ ~ ~ ~cx~ ~an[~ed V~eavar aid ~dwa~
~ ~ _ ~ ~ ~ ~ ~ ~ ~ s a5 $l~B lard ~ Erb ~1~
- _ ~ ~ s ~ ~ ~ ewe ~n ~S annual ~d~
~ ~ ` - ~ . ~ ~ , i ~ ~ ~ Re~~On~l ~CC~Ufl~ifl~ ~r ~ ~s s: ~ x~ ~ a ~ #~~#4 ~ ~~l d CAW.
~WI~~ ~ ~i~1 ~ j~ ~ i ~ ~ ~aa~~r.sr ~ ~ ~ ; ~ u ~ _ s » qC~S II'SS .~E.~~C~~ ~~a~
- ~ ~ - : ~ ~ ~ ~ ~ ~ ~ ~ and Tdw~l, L.!„P„ is r~aa~ni~ed
~ ~ ~ ~ ~ 4 ~ ~ ~ as ore a~ 1 ~ ~ Plq~e~ ~o dark k ~ ~ ~ ~F~ • 0~ ~ ~ ~ ~3 ~ ~ ~ ICJ ~~~1 1+3,7
- oiad6 ~ . u • ~ ~ ,k~Un'~al In ~ d-~~d
~ hlib~t74~,l1~f •~-A ~ ^.f A ~ ~ p E
~ar~~~u~.+~,.y ..~TM~.__ , . ~~#1B~~D[10f'f~BdedateC~ ~a[~wr; ~ ~aa~ ~a~aa=1~~asa~~~~o~oe w~~~ individl o aC ire,
ra~QapR~~r9ar~liiel~ $~ai~s►g~r.~e~3xF+k~m ~5~r~sa~ep:~~a~rairt+diwe
igpl$~ppplRl~f~p1~, p~~,$~IpI1Ci~EN~1~,
i
~~a s~
r-,
i
of
Purchasing Departmerrt
901-B Terms St
Denton, TX 76204
(940}349.7100
www.dentonpurchasing.com
ADDENDUM # 1
RFSP # 4033
Audit Services
BIDS DUE: May 15, 2008 @ 2:00 PM
Bid submitted by:
Weavarantl Tdwell, LLP
Company Name
_ _ - ~ - - - - n - ~~1i~9~
RFP #4033 - ADOEN~UM # 1
Addendum # 1 to be returned with Bid Proposat
The ~allowi~g are responses to questions asked at the pre bid
meefing held on Aprif 3Q, 2008.
SEE ATTACHED (i) QUEST[ON AND ANSWER SHEET (2j COST PR()PQSAL FORM
IN DCCEL FORMAT
N~ OTHER CHANGES AT THlS TlI1~E.
~'h~s form sh~1l be sigrttad and relrfryted with your bid
Nma~ ~ -
Signa~ur~ ~r
V1(~aver aad Tidwell, L.LP
TStle: GP~►, FarMer
l~at~
~Y~~~~
_ 4
T~. T~t"n Shah,
From; arv~y Ids, ~OnD~~r
~r-Up ~Ons~S ~ -~I~ ~nil~ 1~P
~s~ed ~ a ~ ~ the q~ion were asi a~ ~ paid meek fir . ~P ~D~~ These repel are fr~rn Sheppard, the head ~f the 's ~e~ni A~di~a~
~epa~~.
~on~ V~~a~ wi~i ~e ~ma~ Adis pa~pafi~~ in ~ annual aud~ .
N~ planni~rg on i~~Pn9
~ui~n: au~~ mid ~i~e ~ Bio on ~rou and Paul.
Anser; Dena' int~l ~4udi~ ~r~up is leaded i~r Sire Shepherd, v~h~ gas hicl in ~~ne
~~7 l~ Denfs C'r Audr; nor €uien reps ~ire~ oun~~ ~Or ~e 4rne
in D~rr~on's hiss. epp~rd has ~ yeas ~ in ~e Internai ~u~itin~ ie En ~ ~
~~te and ~nuniapa~ g~rn~ en~r€r~nme~. sherd obtai~ted iris muni~pai ~r~r~e serving as ~ Audi in ~an~ where he hu~i~ a si~niiar'i*un~o~ ~ra~ soh and sped
~e ias~ ~1 dears; sous t~ Cand, he bu~~ a a~r~s~run audit ~ncn from sc~h in ~o~
~ v~ he ~ ~ years pe~herd reoen~iy passed the +~P~l earn, and ~he i~as an ~IB~ in
finance ~s ~i as Cered Infernal Audi~Or ~C~A~ a ~fe~l ~remrt id
Pr~%ssionai des~nns his redi~R
Pauj ,fined ~2n~Dn ~n ~eaen"ib~r ~QQ7 ~S ~ ~ Auditor. Paul is n10re ~n 7 ~e~Cr ~n~erna~ aud~ expe~enoe Itiudi spn U~"A and ~ ~f ~~er~ue. Paui~ ,
weii decorated, p~~i ~ a A and a C~[A. Paul has'b~th a BBA in ~nanre and a I~asr ai'
aence ~n urging fry ~~T. Maui reo~n moved 1~ack ~ ~ arm ~ # nearer ~ fami.
~ues~on: The au mid like ~ ~ n9 dour awe has dog on ~ ms`s ~nternai con~rais and ~ouid they re~e~ ~ha~ work.
Ans~er: a nn Ong on in~e~na~ cons in arms in which perform final
. aud~~s. o r~ we've per~ar~~ned audits ~n.~he P-card p~9~~t a Pr~i~ce Proper Imr ~
~ pm and cons~ru~an o~ tie ~E drain "~i~g~
430 Langley set out the Next Steps in the process. We will continue to refine revenue and expenditures
431 estimates. The Appraisal District will continue to provide weekly updates for appraised values and
432 we'll get those to you at the July 15 meeting. June to July we will be working with the City Managers
433 in considering all the supplemental package requests. We will look through those and come up with a
434 prioritization that we just discussed. On July 15 we will come back to Committee with our
435 recommended five year forecast. July 25, we get the certified appraised values from the Appraisal
436 District. July 31St, we submit the Budget and on August 7th we will have the Budget Workshop with
437 City Council.
438
439 Mulroy suggested looking at the supplemental packages a block at a time and entertain a level of
440 interest or need that we can see.
441
442 The Committee reviewed and discussed the supplemental packages as presented.
443
444 Fortune stated his appreciation for staff's hard work and effort.
445
446 Mulroy stated his appreciation for the presentation and that Council has a much better grasp of the
447 choices they have and where we are in financial stability for the five year plan.
448
449 Some of staff dismissed. At 3:19 p.m.
450
451 4. Receive a report, hold a discussion, and give staff direction regarding responses to requests
452 for proposal (RFPs) for external auditing services.
453
454 Langley reported that on April 15 staff informed the Committee that the contract with KPMG was
455 expiring. We had a three year engagement followed by two, one year options for renewal. Staff
456 decided to go out for proposal and select the best auditing firm. We had a selection panel and evaluated
457 the firms and the consensus was that we select Weaver and Tidwell. We have Jerry Gaither here today
458 to answer any questions. Staff would like to recommend that we move forward with Weaver and
459 Tidwell as the auditing firm and present that to Council on July 15. We would be happy to answer any
460 questions about the process or Jerry can answer for Weaver and Tidwell.
461
462 Mulroy stated that he was pleased with process and the suggestions. The tracking and scoring by
463 Committee members was pretty consistent across the board. Welcome on board and look forward to
464 working with you.
465
466 Gaither answered with his appreciation for the opportunity to work with the City.
467
468 Action Item: Proceed with contract to hire Weaver and Tidwell as external auditors.
469
470 5. Receive a report, hold a discussion, and give staff direction regarding the 2007-08 Second
471 Quarter Financial Report.
472
473 Langley introduced the item.
474
475 Committee decided to go to questions.
476
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Tom Shaw 349-7133
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of the concrete pavement for the compost screening area and the
large truck access and turnaround facility for the city of Denton Water/Waste Water
Department; providing for the expenditure of funds therefor; and providing an effective date (Bid
3516- awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete,
Inc. in the amount of $253,741). (The Public Utilities Board approved this item by a vote of
(4-0).
BID INFORMATION
This item is for the construction of concrete pavement for the compost screening area and the
addition of a large truck access and turnaround facility of the Pecan Creek Water Reclamation
Plant. A complete description of the project is included in the attached Public Utilities Board
Agenda Information Sheet (Exhibit 1). A quote for the work to be performed is included as
Exhibit 2.
Bid 3 516 is an annual contract to provide miscellaneous concrete related repair and for small
construction projects. The bid was originally awarded on June 25, 2006 and as part of the award,
Council stipulated that any projects costing $100,000 or more that are quoted through this bid
must obtain separate Council approval. The bid has been renewed through July 25, 2009 with a
unit price adjustment as allowed by the bid specifications. An Exhibit A with the current unit
prices is included as Exhibit 3.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its June 9, 2008 meeting.
RECOMMENDATION
Approve the award of a contract with Floyd Smith Concrete, Inc. in the amount of $253,741.
PRINCIPAL PLACE OF BUSINESS
Floyd Smith Concrete, Inc.
Denton, TX
Agenda Information Sheet
July 15, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
This project will begin upon Council approval and is estimated to be completed within 60 days.
FISCAL INFORMATION
This item will be funded from the following accounts:
640103537.1360.40100 $237,890.06
640103535.1360.40100 $ 9,032.23
640103536.1360.40100 $ 6,818.71
$253,741.00
Requisition 88009 has been entered into the Purchasing software system.
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Sheet Without Exhibits
Exhibit 2: Quote from Floyd Smith
Exhibit 3: Unit Price Tabulation Sheet
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 3516
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM #3
PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET
AGENDA DATE: June 9, 2008
DEPARTMENT: Water & Wastewater Utilities
ACM: Howard Martin, 349-8232
SUBJECT:
Consider recommending approval of the proposal from Floyd Smith Concrete, Inc. for
construction of the concrete pavement for the compost screening area and the large truck access
and turnaround facility in the amount of $253,741.
BACKGROUND:
The compost operation at the Pecan Creek Water Reclamation Plant (PCWRP) has been
processing increasing amounts of sludge from the PCWRP, the Robson Ranch Water
Reclamation Plant (RRWRP), and yard waste and lumber products hauled in from construction
sites. The waste processing area needs of the compost operation were beginning to impinge on
the wastewater treatment operations. In light of this development and to plan the future growth of
the compost operation, sludge production from the PCWRP, RRWRP, and the future Clear Creek
Water Reclamation Plant were estimated for the projected plant flows for the year 2030. Based
on this sludge volume production, the required additional area needs of the compost operation
were identified. Exhibit 1 shows the 8 acre additional area and the related facilities for the
expansion of compost operations that should accommodate future growth through the year 2030.
The design of the compost area that includes the cement stabilized area, compost screening area,
large truck access and turnaround facility, 36-inch storm drain, detention pond and the 10-inch
outlet from the detention pond was done in-house. The street department, wastewater collections,
solid waste and plant personnel have done the construction of the cement stabilized area, the 36-
inch and 10-inch storm drains, the detention pond meeting TCEQ impermeability requirements,
and the screening structure to contain compost products in the detention pond.
The concrete pavement work per the proposal (Exhibit 2) from Floyd Smith Concrete, Inc. is the
remaining outstanding work to complete this phase of the compost area expansion facilities.
Floyd Smith Concrete, Inc. is the current selected contractor for annual contract for concrete
work for the city. The Purchasing Department has reviewed the proposal from the vendor and
has determined it meets the City and State requirements for public works construction.
The Future Compost Retail Sales Area as shown in Exhibit 1 will be constructed in the near
future to isolate the retail sales and large truck compost sales from the wastewater treatment
operations.
Exhibit 1
AIS -PUB Agenda Item #3
June 9, 2008
Page 2 of 2
OPTIONS:
1. Approve the cost proposal from Floyd Smith Concrete, Inc.
2. Deny the cost proposal from Floyd Smith Concrete, Inc. and bid the concrete paving project
RECOMMENDATIONS:
Staff recommends approval of the cost proposal from Floyd Smith Concrete, Inc.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
DATE SCHEDULED FOR COUNCIL APPROVAL
July 15, 2008
FISCAL INFORMATION
$500,000 was budgeted in bond funds for the expansion of the compost facilities in FY2007
(Exhibit 3).
EXHIBITS
Exhibit 1-Map
Exhibit 2- Cost proposal from Floyd Smith Concrete, Inc.
Exhibit 3- FY 2007 CIP Detail Sheet
Respectfully submitted:
Jim Coulter
Director Water Utilities
Prepared by:
P. S. Arora, P.E.
Assistant Director Wastewater Utility
Exhibit 2
Ffoy~ Smith Can~rete, inc.
PR~~C~AL
~.~r ~
~antan T~ ls~~~ SATE PRO~osA~
~h~ne; ~4~-~fi~-41 ~ 4 412312005 2048y34
Fax: 94a-~~~~5~9~
@ILL TG PROJECT
City of l7enton City of ~ent~n Contract #351 ~
accounts Payable ~ Beneficial Reuse division
Z 15 McKinney ~rayla 349-5626
~entan, TX 762a 1 Fax 349-5613 12"Concrete Roadway
P.C~. TERMS
Net 14
I~'Ef~ OTY DESCRIPTION RATE AMQUIVT
26C 2,304 S~ 12" Concrete Pavement with 318" Steel on 56.11 129,453.40
15" Centers
~ $129 053,00
r . _ r., ~ T r rtir~~nr~r~Lr t 7~Jr1F.lf'1~ LJ I T I.1~' ("I 1 [-11 ~ ' l.ll 1`~.f ~ ~C _ ~Cr~~r1~ - .~Hl,,~
2 'd ~l~i~ ~Ul bb'=%~3COLAJVG M1:3C3,A-iU
~-~`r'1~[ ' t~a~~,1 l
Floyd Smith Concrete, Inc. PROPOSAL
P.o. sox '1781 3~~ -~7~ 7
Denton, TX 76202 BATE PROPOSAL N...
Phone:940-565-0114 4~23/2oog 2008-33
Fax: 940-382-5691
BILL TO PROJECT"
City of Denton City of Denton Contract #3516
Accounts Payable Beneficial Reuse Division
215 E. McKinney Gayla 349-8626
Denton, TX 76201 Fax 349-8613
Screening Pad
P.O. NO. TERMS
Net 10
ITEM QTY DESCRIPTION RATE AMOUNT
26C 2,222.2 SY 12" Concrete Pavement with 3/8" Steel on Sb.11 124,687.64
18" Centers {Screening Pad)
Tota! $124,6s~.6a
Z'd 1@185t72:01 I88S3820t7G E1363N00 H1IW8 GAMAtW08A eS:30 eOO2-e-hUW
BID#3516 EXHIBIT 3 DATE: 07/06/2006
ANNUAL CONTRACT FOR CONCRETE WORK-3.9% PPI INCREASE
ITEM DESCRIPTION QTY UNIT VENDOR VENDOR
Floyd Smith Floyd Smith
Concrete Inc. Concrete Inc. add original bid price 3.9%
Principal Place of Business Denton, TX Denton, TX
1 DOWEL-ON INTEGRAL (WITH ONE 318" STEEL BAR) 1 LF $7.50 $7.79
2 CONCRETE CURB&GUTTER(WITHFIBERS)
A 0' TO 250' 2876 LF $12.50 $12.99
B 251' TO 1000' 1162 LF $12.50 $12.99
C 1001' - 5000' 5000 LF $12.00 $12.47
D 5001 ' - UP 5000 LF $11.50 $11.95
3 30"SURMOUNTABLE CURB/FIBERS 100 LF $18.00 $18.70
4 5"CONCRETE SIDEWALK (WITH STEEL) 100 SY $37.00 $38.44
5 4"CONCRETE SIDEWALK/FIBERS
A 0 - 50 SQ. YDS. 100 SY $34.00 $35.33
B 51 TO100 SQ. YDS 100 SY $34.00 $35.33
C 101 TO 500 SQ .YDS. 50 SY $34.00 $35.33
D 501 TO1000 SQ. YDS 50 SY $33.00 $34.29
6 CONCRETE MEDIANS PATTERNED 1 SY $75.00 $77.93
7 CONCRETE STEPS 10 SF $25.00 $25.98
8 CONCRETE RIP-RAP AND DRAINAGE FLUMES 6" 5000 SY $40.00 $41.56
A CONCRETE FLUMES 6" - 6' WIDE W/6"CURBS 500 LF $46.25 $48.05
B CONCRETE FLUMES 6" -10' WIDE W/6"CURBS 500 LF $63.88 $66.37
9 SAW CUT (EXISTING ASPHALT) 500 LF $1.75 $1.82
10 SAW CUT (EXISTING CONCRETE) 625 LF $3.00 $3.12
11 STRUCTURAL CONCRETE
A (CLASS A) 5-SACK 500 CY $395.00 $410.41
B (CLASS C) 5112 SACK 500 CY $399.00 $414.56
C (CLASS S) 6-SACK 500 CY $405.00 $420.80
12 CONCRETE FOR LIGHT STANDARD BASES 0-50 CY $400.00 $415.60
13 CONCRETE FOR TRAFFIC CONTROLLER BOX 2 EA $460.00 $477.94
14 WATER SERVICE ADJUSTMENTS 10 EA $250.00 $259.75
15 MISC. SPRINKLER SYSTEM ADJUSTMENTS 10 LS $250.00 $259.75
16 RING & COVER (INLETS 24" LOCKING 124C) 25 EA $200.00 $207.80
17A REMOVE CONCRETE PAVEMENT 180 SY $25.00 $25.98
17B REMOVE CONCRETE CURB & GUTTER 1000 LF $7.00 $7.27
17C REMOVE CONCRETE DRIVEWAY & SIDEWALK 1000 SY $22.50 $23.38
18 UNCLASSIFIED EXCAVATION 500 CY $17.50 $18.18
19 COMPACTED FILL/EMBANKMENT 500 CY $27.50 $28.57
20 SOD 500 SY $8.00 $8.31
Revised 7/24/07
BID#3516 EXHIBIT 3 DATE: 07/06/2006
ANNUAL CONTRACT FOR CONCRETE WORK-3.9% PPI INCREASE
ITEM DESCRIPTION QTY UNIT VENDOR VENDOR
Floyd Smith Floyd Smith
Concrete Inc. Concrete Inc. add original bid price 3.9%
Principal Place of Business Denton, TX Denton, TX
21 2"ASPHALT PAVE (TYPE D PATCH MATERIAL) 500 SY $17.50 $18.18
A 0 TO100 SQ. YDS 1000 SY $17.50 $18.18
22 4"CONCRETEFLATWORK(COLORED/TEXTURED)
A 0 TO100 SQ. YDS. 559 SY $71.00 $73.77
B 101 TO 500 SQ .YDS. 1000 SY $70.00 $72.73
C 501 TO UP SQ. YDS. 1000 SY $69.00 $71.69
23 6"CONCRETE PAVEMENT (RADIUS,ETC.)WITH3/8"STEEL ON 18"CENTERS
A 0 TO 50 SQ. YDS. 1000 SY $36.00 $37.40
B 51 TO100 SQ. YDS 1000 SY $36.00 $37.40
C 101 TO 500 SQ .YDS. 1490 SY $35.00 $36.37
D 500 TO1000 SQ. YDS. 2500 SY $34.00 $35.33
24 8"CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3/8" STEEL ON 18"CENTERS . • . • . • . • . • . • . • . • . • . • . • . •
A 0 TO 50 SQ. YDS. 10 SY $41.80 $43.43
B 51 TO100 SQ. YDS 10 SY $41.80 $43.43
C 101 TO 500 SQ. YDS. 500 SY $40.80 $42.39
25 10"CONCRETE PAVEMENT (RADIUS,ETC.)WITH3/8"STEEL ON 18"CENTERS
A 0 TO 50 SQ. YDS. 10 SY $48.00 $49.87
B 51 TO100 SQ. YDS 10 SY $48.00 $49.87
C 101 TO 500 SQ. YDS. 500 SY $47.00 $48.83
26 12" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3/8" STEEL ON 18"CENTERS . • . • . • . • . • . • . • . • . • . • . • . •
A 0 TO 50 SQ. YDS. 10 SY $56.00 $58.18
B 51 TO100 SQ. YDS 10 SY $56.00 $58.18
C 101 TO 500 SQ. YDS. 500 SY $54.00 $56.11
27 ONE SACK CONCRETE BACKFILL 0-500 CY $80.00 $83.12
28 ADJUST MANHOLE & INLETS 10 EA $600.00 $623.40
29A TYPE A HEADWALLS (15" to 36" PER PIPE) 10 LS $2,200.00 $2,285.80
29B TYPE A HEADWALLS (39" TO 72"PER PIPE) 10 LS $4,000.00 $4,156.00
30A TYPE B HEADWALLS (15" TO 36"PER PIPE) 10 LS $2,200.00 $2,285.80
30B TYPE B HEADWALLS (39" TO 72"PER PIPE) 10 LS $4,000.00 $4,156.00
31A 4' ID MANHOLE (0 TO 6" DEPTH) 10 EA $1,800.00 $1,870.20
31B EXTRA DEPTH 1 VF $200.00 $207.80
32A 5' X 5"JUNCTION BOX (0' TO 6' DEPTH) 20 EA $1,900.00 $1,974.10
32B EXTRA DEPTH 1 VF $150.00 $155.85
32C 4' X 4' JUNCTION BOX (0' TO 6' DEPTH) 10 EA $1,700.00 $1,766.30
32D EXTRA DEPTH 1 VF $125.00 $129.88
32E 6' X 6' JUNCTION BOX (0' TO 6' DEPTH) 10 EA $1,900.00 $1,974.10
32F EXTRA DEPTH 1 VF $150.00 $155.85
Revised 7/24/07
BID#3516 EXHIBIT 3 DATE: 07/06/2006
ANNUAL CONTRACT FOR CONCRETE WORK-3.9% PPI INCREASE
ITEM DESCRIPTION QTY UNIT VENDOR VENDOR
Floyd Smith Floyd Smith
Concrete Inc. Concrete Inc. add original bid price 3.9%
Principal Place of Business Denton, TX Denton, TX
33A 5' INLET (0' TO 6' DEPTH) 8 EA $1,700.00 $1,766.30
33B EXTRA DEPTH 1 VF $100.00 $103.90
33C 8' INLET (0' TO 6' DEPTH) 8 EA $2,100.00 $2,181.90
33D EXTRA DEPTH 1 VF $150.00 $155.85
33E 10' INLET (0' TO 6' DEPTH) 10 EA $2,300.00 $2,389.70
33F EXTRA DEPTH 1 VF $175.00 $181.83
33G 12' INLET (0' TO 6' DEPTH) 8 EA $2,600.00 $2,701.40
33H EXTRA DEPTH 1 VF $225.00 $233.78
34A 15' INLET (0' TO 6' DEPTH) 10 EA $3,300.00 $3,428.70
34B EXTRA DEPTH 1 VF $250.00 $259.75
34C 20' INLET (0' TO 6' DEPTH) 8 EA $4,400.00 $4,571.60
34D EXTRA DEPTH 1 VF $300.00 $311.70
35 RECESSED INLET
A 10' RECESSED INLET 6 EA $2,600.00 $2,701.40
B 12' RECESSED INLET 6 EA $2,800.00 $2,909.20
36 "Y"INLET (INCLUDES APRON, RING & COVER) 8 EA $1,850.00 $1,922.15
37 REBUILT INLET (REMOVE&REPLACETOP)
A 4' INLET 10 EA $900.00 $935.10
B 6' INLET 5 EA $900.00 $935.10
C 8' INLET 5 EA $1,000.00 $1,039.00
D 10' INLET 1 EA $1,200.00 $1,246.80
38 BARRICADES, WARNING SIGNS & DETOURS 43 LS $288.75 $300.01
39 TYPEIWHEELCHAIRRAMP(ALLWITHADABRICKINSERTS)
A 5' TYPE I WHEEL CHAIR RAMP 1 EA $1,005.00 $1,044.20
B 8' TYPE I WHEEL CHAIR RAMP 1 EA $1,320.00 $1,371.48
C 10' TYPE I WHEEL CHAIR RAMP 1 EA $1,470.00 $1,527.33
D 4' TYPE I WHEEL CHAIR RAMP 1 EA $900.00 $935.10
40 TYPE II WHEEL CHAIR RAMP(ALLWITHADABRICKINSERTS)
A 5' TYPE II WHEEL CHAIR RAMP 1 EA $2,025.00 $2,103.98
B 8' TYPE II WHEEL CHAIR RAMP 1 EA $2,550.00 $2,649.45
C 10' TYPE II WHEEL CHAIR RAMP 1 EA $2,850.00 $2,961.15
D 4' TYPE II WHEEL CHAIR RAMP 1 EA $1,800.00 $1,870.20
41 TYPE III WHEEL CHAIR RAMP(ALLWITHADABRICKINSERTS)
A 5' TYPE III WHEEL CHAIR RAMP 1 EA $2,025.00 $2,103.98
B 8' TYPE III WHEEL CHAIR RAMP 1 EA $2,500.00 $2,597.50
C 10' TYPE III WHEEL CHAIR RAMP 1 EA $2,850.00 $2,961.15
D 4' TYPE III WHEEL CHAIR RAMP 1 EA $1,800.00 $1,870.20
ADDENDUM #1 yes yes
ADDENDUM #2 yes yes
BID BOND yes yes
Revised 7/24/07
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE CONCRETE PAVEMENT FOR THE
COMPOST SCREENING AREA AND THE LARGE TRUCK ACCESS AND TURNAROUND
FACILITY FOR THE CITY OF DENTON WATER/WASTE WATER DEPARTMENT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3516- AWARDED TO THE LOWEST RESPONSIBLE BIDDER
MEETING SPECIFICATION, FLOYD SMITH CONCRETE, INC. IN THE AMOUNT OF
$253,741).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3516 Floyd Smith Concrete, Inc. $253,741
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
r
i - - ,
BY:
3-ORD-Bid 3516
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams 349-8487
ACM: Jon Fortune
SUBJECT
Consider approval of an Ordinance accepting sealed proposals and awarding a contract for the
purchase of an Automatic Meter Reading Infrastructure System for Denton Municipal Electric;
providing for the expenditure of funds therefor; and providing an effective date (RFSP 4000-
Automatic Meter Reading Infrastructure System awarded to Trilliant Inc. in a five year amount
not to exceed $1,598,284). The Public Utilities Board recommends approval (6-0).
RFP INFORMATION
This item is for the purchase of a two-way Automatic Meter Reading Infrastructure (AMI)
System that will allow Denton Municipal Electric to perform automatic connect/disconnect of
electric services from a centralized office. A complete description of the system is included in
the Public Utilities Board Agenda Information Sheet attached as Exhibit 1.
A review and evaluation of the proposals was conducted by a committee consisting of
representatives from Electric Metering, Electric Operations, Electric Administration, Technology
Services, and Purchasing. The proposals were evaluated and scored using the following criteria:
• Compliance with Specifications 40%
• Pricing 35%
• Endpoints Supported in Multi-Vendor Electric Meters 15%
• References and User Support 10%
Trilliant, Inc. was selected as the vendor with the best overall ranking based on the criteria- the
evaluation/ranking sheet is included as Exhibit 2.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its June 23, 2008 meeting.
RECOMMENDATION
Award the purchase of an AMI system from Trilliant, Inc. in the five year amount not to exceed
$1,598,284. A first year pilot project will be funded initially in the amount of $105,283.72.
Agenda Information Sheet
July 15, 2008
Page 2
PRINCIPAL PLACE OF BUSINESS
Trilliant, Inc.
Redwood City, CA
ESTIMATED SCHEDULE OF PROJECT
This is a five year proj ect with the initial pilot to be implemented upon Council approval.
FISCAL INFORMATION
This item will be funded from CIP budget accounts. The pilot project will be funded from
accounts 602188494.1350.3700-$52,641.86 and 602189494.1350.3700-$52,641.86. Requisition
88115 has been entered into the Purchasing software system.
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Sheet Without Exhibits
Exhibit 2: EvaluationlRanking Sheet
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-RFP 4000
Exhibit 1
PUBLIC UTILTIES BOARD AGENDA ITEM #1
AGENDA INFORMATION SHEET
AGENDA DATE: June 23, 2008
DEPARTMENT: Electric Metering Operations
ACM: Howard Martin, 349-8232
SUBJECT
Consider recommending approval of an ordinance accepting sealed proposals and awarding a
contract for the purchase of an Automatic Meter Reading Infrastructure System for Denton
Municipal Electric in the estimated amount of $1,598,284 (RFSP 4000 -Automatic Metering
Infrastructure System awarded to Trilliant).
BACKGROUND
Today, DME is collecting meter readings by way of manual labor, automatic meter reading
(AMR) via one way radio frequency (drive by), and one way power-line carrier. Our current
meter reading system works great for collecting monthly billing reads. The electric industry is
moving to a more automated system that will provide better service to customers. For example
Oncor (TXU) issued a press release that they would be installing more than 3 million advanced
technology electric meters by 2012. In addition utilities are being asked to find ways to reduce
peak loads to electric grid as needed. Our current systems are limited to only provide monthly
meter rea ings.
DME is ready to move to a two-way automatic meter reading infrastructure (AMI) that will
allow us to perform automatic connect/disconnection of electric services from a centralized
office. After years of studying the different systems DME has determined the best solution for
our system is a secure mesh network that allows devices to talk to each other in a `peering'
arrangement: any device can talk to any other device (or to the central systems) either by talking
directly, if within range, or else via one or more neighbors. Each device in the network will
forward messages to the next neighbor, until a path is achieved between the initiating device and
the target device. This is generally referred to as `hopping' .
Customer Service will be able to collect meter readings within seconds while working with the
customer on the phone or in person. Future growth of power use in Texas may require load
shedding and time of use programs. This system will tie into the new Milsoft outage notification
system deployed by our systems operator. This system will allow for critical peak pricing, time
of use and load control while providing services to customers with in-home displays, smart
thermostats, allowing the customer to view and monitor their kWH usage. These features may
become more common or potentially required in the power market.
DME formed a committee to review and evaluate the submitted proposals. The committee
consisted of representatives from Electric Metering, Electric Operations, Electric Administration,
Technology Services and Purchasing. The committee evaluation was based on "best value" with
a possible score of 100%. Trilliant was selected as the vendor with the best overall proposal with
a weighted average score of 87.90. (Reference Exhibit l
Exhibit 1
AIS -PUB Agenda Item # 1
June 23, 2008
Page 2 of 3
DME plans to implement a pilot project for 500 residential electric meters and a few commercial
properties. The residential meters will include some automatic disconnect devices. The length of
the pilot is to be approximately 4 months or 3 successful billing read cycles. A successful billing
read cycle is defined as receiving 99% of the billing data on-time for all in service meters with
Trilliant Mesh readers in them. The total cost of the pilot project is $105,283.72. This amount
does not include DME staff labor cost. The remaining $1,493,000 is the total equipment cost for
the initial two years of the Remote Meter Reading project. Upon completion of a successful
pilot, a full AMI implementation is planned over the next five to seven years to complete the
conversion. DME will continue to re-evaluate meter cost every two years as it has done in the
past for the purchase of meters. For budgetary reasons DME plans to install meters with
automatic disconnects predominately in apartment complexes, mobile home parks and residential
homes with a high rate of disconnects. In addition to the electric meters, the pilot project will
include a small number of in-home displays that will inform customers of their current electrical
usage.
OPTIONS
1. Award a contract for purchase of the AMI system to Trilliant
2. Do not purchase an AMI system.
RECOMMENDATION
DME recommends awarding the contract for purchase of an AMI system to Trilliant as the
vendor with the highest evaluated score.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
DATE SCHEDULED FOR COUNCIL APPROVAL
July 15, 2008
FISCAL INFORMATION
FY08 CIP budget accounts
602188494.1350.3700
602189494.1350.3700
602324494.1350.3700
BID INFORMATION
Responding Vendors:
Trilliant
Wesco Distribution
MainNet Communications
Cellnet + Hunt
Aclara RF Systems
Exhibit 1
AIS -PUB Agenda Item # 1
June 23, 2008
Page 3 of 3
EXHIBITS
1. Professional Services Agreement
2. Committee evaluation
Respectfully submitted:
Phil Williams
General Manager of Electric Utilities
Prepared by:
Kyle Tunnell
Meter Planner /Coordinator
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ORDINANCE N0.
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR
THE PURCHASE OF AN AUTOMATIC METER READING INFRASTRUCTURE SYSTEM
FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFSP 4000-AUTOMATIC METER
READING INFRASTRUCTURE SYSTEM AWARDED TO TRILLIANT INC. IN A FIVE YEAR
AMOUNT NOT TO EXCEED $1,598,284).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of an automatic meter reading infrastructure system in accordance with the procedures
of State law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFSP
NUMBER CONTRACTOR AMOUNT
4000 Trilliant, Inc. $1,598,284
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of
the submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
5
BY:
4-ORD-RFP 4000
~NT~A 1 B~ A~~ ~T~~~I
CITE ~~T~, TEAS ANA}
lei' ~,7~ ~11~V
TII ~TRAT is made and entered into by and between Trilliant Inc. a
corporation, phase address is 1 ~ a0 Island Drive, I~edwaad pity, A ~~0~5, hereinafter referred
to a antractar,11 and the fT~ ~]~NTN, TEA, a home rule municipal corporation,
hereinafter referred to as "pity," to be effective upon approval of the Denton pity Council and
subsequent e~ecutian of this Contract by the Denton pity Manager ar his dull authorized
eslgnee.
Far and consideration of the covenants and agreeuaents contained herein, and far the
mutual benefits to be obtained hereby, the parties agree s follows:
~P~ ER
antractor shall provide all labor, supervision, materials and equipment necessary far
Automatic Meter heading ~nfrastructuxe system. These products and services shall be provided
in accordance with the specifications far Automatic Meter Leading infrastructure System, a
copy of which is attached hereto and incorporated herein as E~thil~it "A," fan file in floe office of
tl~e Purchasing ~ge~~}, and the antractar's Bid in respane thereto, a caps arch is attached
hereto and incorporated herein far all purposes as hihit "B". The ~antract consists of this
v~ritten agreement and the following items which axe attached hereto and incorporated herein by
reference;
~a~ pec~fications far Automatic Meter Reading infrastructure ystena,; {E~hibit "A"
an ale in the office a~ the Purchasing Agent}.
Contractor's Proposal. ~Ehihit "B" an frle in the office of the Purchasing
Ageut~;
{c~ Insurance Requirements. ~hihit
~d} Farm CIS - anf~.ict of Interest questionnaire xhihit ~tD"~.
~e~ scope of warp exhibit fr~~~
These dacutnents mare up the Contract documents and what is called far by one shall be
as binding as if coiled for by all. fn the event of an inconsistency ar can~ict in any of the
provisions of the Contract dacurnents, the rnconsrstency or conflict shall be resolved by giving
precedence first to the written agreement then to the contract documents in the artier in which
fey axe listed above, These documents shall be referred to collectively as r`ontract Documents,"
~r
T~ ~P ~1V~FLl~Tf~
Contractor agrees and covenants that ail worl~ hereunder shall be complete within two
years fallowing nat~ce to proceed from pity.
TERM ~I~TA,C T
The initiat term of this antract shall be two years frarn the date of contract execution
unless otherwise stated.
Page 1 of ~5
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~ Y.
TY
Contractor warrants and covenants to City that all goods and services provided by
Cantractar~ Contractor's subcontractors, and agents under the Agreement shall be free of defects
and produced and performed in a sl~illful and warkmanlil~e manner and shah comply with the
specifications fir said gaads and services as set Earth ~ this Agreement and the Bid
peccatians attached hereto and incorporated herein as Exhibit "A~~~on file in the affrce of
the l~u~rchasing gen~~. Contr~ctar warrants that the gaads and services provided to City under
this Agreement shall be free from defects in material and worl~manship, far a period of one
year cam~encing an the date that City issues final written acceptance of the prod ect.
V.
l'A~ENT
Payments hereunder shall be made to Contractor fallowing city's acceptance of the worl~
and within thirty ~a} days of receiving Cor~tractar's invoice far the products and services
delivered. Total compensation under this contract shall not exceed the surn of $1~~8,~84,~~.
Cantractar recognizes that this Contract shall commence upon the effective date herein
and continue in full farce and effect until termination . accordance with its provisions.
Contractor and City herein recognize that the cgntinuatian of any contract aver the close of any
given fiscal year of the City of Denton which fiscal year ends on September Dth of each year,
shall be subject to Denton City Council approval. In the event that the Denton City Cauncii does
not approve the appropriation of funds for this contract, the Contract shall terrriinate at the end of
the fiscal year far v~hich funds were appropriated and the parties shall have na further obligations
hereunder,
~I.
~OTECTION AGAINST ACCIDENT TO EIV~PLO~EES ANl~ TAE PUBLIC
Contractor shall at all times exercise reasonable precautions far the safety of employees
and others an or near the w~rl~ and shall comply with all applicable provisions of Federal, State,
and Municipal safety laws, The safety precautions actually tal~en and the adequacy thereof shall
be the sale responsibility ofthe Contractor. Contractor shall indemnify City far any and all lasses
arising ant of or related to a breach of this duty by Contractor pursuant to paragraph
INDEIIINI~`ICATION and paragraph CONfPLIANCE wIT~ APPLICABLE LAwS set
forth herein.
VII.
LOSSES PROM NATURAL CAUSES
Unless otherwise specified, ail loss or damage to Contractor arising out of the natare of
tl~e word to be dan.e~ ar from the action of the elements, ar frarn any unforeseen. circumstances in
the prosecution of the same, or frarri unusual obstructions or difficul~e wla~ch may be
encountered in the prosecution of the warl~s shall be sustained and barns by the Contractor at its
Qwn cast rid expense.
~ageZofl5
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~i
~~~~~y 1~~~~
antractor covenants and agrees that ~ontractar ~ an Independent contractor and not an
officer, agent, servant or employee of pity; that contractor shall hate exclusive control of and
exclusive right to control the details of the w~rl~ performed hereunder aril all persons performing
sane, and shall be responsible fir the acts and amisslan of its officers, agents, employees,
contractors, subcontractors and consultants; that the dactr~ne of respandeat superior shall not
apply as between pity and antractar, its officers, agents, employees, contractors, subcontractors
and consultants, and nothing herein shall be construed as creating a partnership or ~ aint
enterprise between pity and Contractor.
IlvSUANE ~ ERTI~'I~ATES INSURANCE
Contractor shall praaure and maintain far the duration of the contract insurance coverage asset forth ~n the Insurance Requirements marled E~~~bit attached hereto and incorporated
herein by reference, antractor shall provide a signed insurance certificate ~era,fying that they
have obtained the required insurance coverage prior to the effective date of this Contract.
FIINI~RANES ~ DELAYS
o claims shall be nude by contractor 1'or darr~ages resulting from hindrances Qr delays
from any cause during the progress of any portion of the warp embraced in this Contract.
AF~IDAT N~ PR~rTEI] INTEREST
outractor acl~nawledges and represents It rs aware of all applicable laws, pity charter,
and pity bode of anduct regard.g prohibited interests and that the existence of a prohibited
interest at any tirrie will render the antract voidable, antractar has executed the Affidavit of
Na Prala~bited Interest, attached and incorporated herein as Exhrb~t
SEER~,BILIT~
The provisions of this antract are severable. If any paragraph, section, subdlvrs~on,
sentence, clause, or phrase of this antract is far any reason held to be contrary to the law or
contrary to any rye ar regulation having the farce and effect of floe law, such decisions shall not
affect the remaining portions of the ~antract. I~awe~er, upon the nccurre~ace of such event
eider party may terminate this antract by giving the other party thirty ~3 days written notice.
SIT.
TERMIl~ATIN
pity may, at its option, with or without cause, and without penalty or prejudice to any
other remedy it naay be entitled to at Ia~v, or in equity ar otherwise under this Contract, terminate
further worl~ under this contract, in whole or in part by giving at least thirty ~3 a~ days prior
gage 4 at 15
C;\Documents and Settings\jziegler\Desktop\4000 ANTI System Service Contra ct.doc
written native thereof to antrattar with the understanding that all services bein ter~njnated
shall cease upon the date such notice is received.
~~IT~ A1~EEN~NT
This antract and its attachments e~nbady the entire agreement between the parties and
may only be madl~~ed m wrlt~ng executed by bath parties,
~i
DNTT~A'~` ~NTERF~TA"~~~N
Although this antratt 1s drafted by ~1ty, should any part be in dispute, the parties agree
that the antract shall not be construed mare favorably for either party,
UOR AND ANN
This antract shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns.
ADEN
The headings of this contract are far the convenience of reference only and shall not
affect m any manner any of the terms and conditlans hereof.
~iT T~ AST
The shall have the right to audit and male copies of the baalfs, records and
computations pertaining to this agreement. The ~Tr~AT~I~ shall retain such baol~sa
retards, documents and other evidence pertaining to this agreement during the contract period
and dive years thereafter, except i~` an audit is in progress ar audit findings are yet unresalved~ in
which case records shall be l~ept until all audit tasl~s are completed and resolved, These baol~s,
retards, dacurnents and other evidence shall be available, within 10 business days of written
request. Further, the ~~1TA~T~~ shall also require all ubcantractors, material suppliers,
and other payees to retain all baal~s, retards, documents and other evidence pertaining to this
agreement, and to allow the ~wN~R similar access to those documents. All bQal~s and retards
wilt be made available within a ~a mile radius of the pity of ~entan. The cast of the audit will
be borne by the unless the audit reveals an overpayment of I °~a or greater. if an
overpayment of 1 °I~ or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the ~~TAT~R ~rhich must be payable within five business days of
receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract
a-ad shall constitute, in the ~w~R' sale discretian~ grounds for termination thereof. acll of
~ terms "~]aa~~~~'~ 'rrecord", "dacurnents" and "other evidence", as used abave~ Shall be
construed to include drafts and electronic Files, even if such drafts or electronic Ies are
subsequently used to generate or prepare a final printed dacurner~t.
Page 5 of 15
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ITT ~vITNE ~~ED~', the par~~es these presents have executed this a Bement in
the year ar~d day first above written, .
~T~'0
1 i ~
Iatne: Jonathan B. Siegler
T~file. ~1C~ PreS~~ent, a~e5
~ 1 island give, Redvtir~od pity, ~ 9~0~~
M~ILIlVG AI~RE~
~0-X04-~0~0
PI~~NE N~~~R
DSO-5o8~8G7'
F`A ~~R
Jonathan B. ~iegle~
~NT~D NAME
E~RC~ ~~LL, ~T~~ 1V~A1~~'~
F . ,
.TTET:
JN~R ALT~~~ CITY ~CR~TARY
BY:
A~~R~vI~ ~ TD L~AL ~R
MI~L4 ~P~LAN~, UTr~~TY ~TT~~N~
Page 6 0~ 15 ~ ~
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BY:
~~~.~,~~d~~C~~~7
Page 7 of 15
C:\Documents and Settings\jiiegler\Desktop\4000 AMI System Service Contract,dac
E~~-IIBIT
suit is brought. The inclusion of mare than one insured shall not operate to
increase the insurer's limit of liability.
• "r~r~ce~~afia~~; ~lr~ C'i'ty ~egr~rr~es dr~~ ~vrre~~ rto~ice s1~~r~~r~ rr~~~ off' ~~~e
po~ici~s c~escriber~ o~~ tyre certx; f rate ~e cr~rtce~~ed ar ~x~ate~~r~I~y c~~a~tger~
~~~a~~ t1~e ~xrrrr~rar~ r~r~te.
~ hauld any of the required insurance he provided under aclaims-made forrr~,
antractar shall maintain such coverage continuously throughout the term of
this contract and, ithaut lapse, far ~ period of three years beyond the contract
epiratian, such that accurrcnces arising during the contract term which give
rise to claims made after epiratian o~ the can~ract shall be covered.
• Should any al~the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing far claims investigation or
legal defense casts to be included in the general annual aggregate li~ait, the
antractar shall either double the occurrence limits ar obtain ~ners and
~antractars Protective Liability Insurance.
~ Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the pity
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, pity nay,
at Its sale option, terminate this agreement effective an the date afthe lapse.
Page 9 a~ ~5
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~HIBIT
[ ] warl~e~rs ampens~tian Insurrance
antractar shall purchase and maintain warl~er"s ampensatian insurance which, in
addition to meeting the minimum statutory requirerrzents far issuance of such insuxance~
has ~mplayer's Liability limits of at least 1 ~D,~a~ far each accident, 1 aa,~~~ per each
ernplayee, and a S~D,aa~ palicy limit far occupational disease, The pity need not be
named as an "Additional Insured" but the insurer shall agree to waive ail rights of
subrogation against the pity, its af~.cials, agents, employees and volunteers for any worl~
performed far the pity by the Named Insured. Far wilding ar construction pray ects, the
~antractar shall comply with the prodsians of Attachrnent 1 in accordance with
4a~.~~~ of the Teas Labor fade and rule ~STA 1 l a, l 1 ~ of the Teas warl~er's
ompensatian ~ommissian ~TwG~.
[ ] owner's and antractar~s Protective Liability Insurance
The antractar shall obtain, pay far and maintain at all times during the prosecution of
the warl~ under this contractx an owner's and Contractor"s Protective L1ab~iity insurance
palicy naming the pity as insured far prapert danaa~e and bodily injury which may arise
in the prosecution of the worl~ or ontractar's operations under this contract. coverage
shall be an an "occurrence'" basis, and the palicy shall be issued by the same insurance
company that carries the ontractar's liability insurance. Policy limits will be at least
carnbined bodily injury and property damage per occurrence with a aggregate.
~ ] Fire Damage Legal Li~bili~y Insurance
Coverage is required if Broad farm general Liability is not provided ar is unavailable to
the contractor ar if a contractor leases ar rents a portion of a pity building. Limits of not
less than each occurrence are required.
~ ~ Professional Liability Iusurancc
Professional liability insurance with lirnits not less than per claim with
respect to negligent acts, errors ar omissions ~ connection with professional services is
required under this Agreement.
[ ] Builders' Risl~ Insurance
Builders' Risl~ insurance, an an All-Risl~ farm far 1 ~~°Io of the completed value shall be
prodded. such palicy shall include as '"Named Insured"' the ~i of Denton and all
subcantractars as their interests may appear.
~ag~ 1~ ❑f ~5
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~x~~~iT~
~NF~,IT ~F INT~R~T ~U~T1~Vh~~IRE F~RI~I
Forvendor or other person dying business with local governmental entity
This q~e~#ionnaire reflects changes made #o the law by H.B. ~49~, Soth Leg.a Regular essior~. ~FFI~E USE DNLY
This questionnaire is being fled in accordance with chapter ~ 75 of the Laca) Government bode by ~ oa~~ ~~~~iv~~
person doing business with the governmental entity,
~y law this questionnaire must be filed with the records administrator of the focal government not
laterthan the 7th business day afterthe date the person becomes aware of facts that require the
statement to be fled. fee Section ~7G.O~, Laca[ Government Code.
A person commits an offense if the person violates ectian ~7~.pD6, Loco[ Government Dade. An
offense under this section is a Glass G misdemeanor.
~ Name of person who has a lousiness relationship with local governmental entEty.
2
I~ heciC this box if ynu are tiling an update to a previously filed q~estiannaire.
{The law requires that you file an updated completed questiannalre with the a~propriote filing authority not later thin the business
day after the d~t~ the originally fled questionnaire becomes incomplete or inaccurate.
3 Name of local government offfcer with whom Viler has an employment or business relationship.
Name of officer
This saction, item 3 including subparts A, ~ & D~, must be completed for each officer with whom the Viler has an employment or o#her business
relationship as defined by Section ~76,g0~~~-a~, Local Government Dade. Attach additions! pagos to this form CIQ as necessary.
A. !s the local government offcer named in thin section receiving ar likely to receive taxable iricoma, other #han investment income, from the
filer of the questiannaire"~
Yes N o
S. [s the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from ar at the direction of the local government officer named
ire this sectlo . ANa the taxable income is not received from the local governmental entity?
Yes No
G. Is the Viler of this questionnaire employed by a corporation or other buslne~~ entity with respect to w}~ich the local government officer
serves as an officer cr directflr, ar holds an ownership of ~ a percent or mcre~
Yes No
Describe each affiliation or business relationship,
4
i
Sign re of person doing b ' ess with the governmental en#ity ate
Page 13 of 15
I=XHIBIT~
cape of war~~
Pilaff:
The purpose of this pilaf to test Trilliant's tech~alagy in Dentan Municipal 1~lectric's Service area.
DME plans to test the ~,4~z meshing technology and the systems ability to d❑ remote disconnects and
reconnects, ~ to test the system in a 485 residential meter community with a few cammercial meters mired in
nearby. 'phe length of the pilot is to be approa~imately 4 months ar 3 successful billing read cycles. A successful billing read cycle is defined as receiving 99~I~ of the billing
data an~time far all in service meters with Trilliant
MeshReaders in them.
DME's plan is to deploy the following equipment amongst these Sad premises:
= SaD CrE I--~ 1 a+ l~.esidential Discannect Meters with Meshreader Cammunicatians Cards w~autage
detectiar~ at x$55,68 meter + 75.aa disconnect adders _ 1 ~~.~8 each
= 8 Ca~mmercial MeshReader Communications Cards w~autage detection far ~E k~~ series meters Meters
to be provided by DM11} at $~~~.5~ each
3 Meshateway collectors far geographic areas, at $9~~.aa ~1 far demo}
~ MeshRepeaters at $3~S.Qa each
T`rilliant halting of the Unity system with remote access far DME to data, land control, CPP and web interfaces far DNIE's customers to use for up to one year, at CI~AI~~E
Trilliant training of DMA personnel, installation personnel ar~d an~gaing protect management far the
duration afthe pilaf at ~2~,~Sa.Oa
~ Advanced Mesh based thermostats with interactive messaging displays at ~ CI~AR~E
3 Aztech energy display at ~
~`rr`~~~rrr~~ ~~ill ~~~f r~r~rrrr~e ~o prry, fir ~1r~ pi~a~ ~r~r~r~~rre~~t r~rr~r~ r~~ter ~1re .3 sx~c~essf rr~ ~i~~i~~g r~e~rd cy~~es.
~a~laut;
Upon completion of tl~e successful pilot outlined above, DME will continue to deploy the following equipment
aver a ~ year period: these are rough estimates an quantities}
■ 1 G,Saa E I~~ ~ D+ residential Discannect Meters with MeshReader Cammunicatians Cards w~outage
detection at x$85.68+7.5~} _ $157.3 $ each ■ ~~,aaa I-? 1 a+ Residential Meters with 1VieshReader Communications Cards w~outage detection at
85,8 each~`~`
OR
■ 1G,Sa~ Landis + Syr A. SD residential Discannect 1Vleters with Meshreader Carnmunicatians Cards
w~outage detection at ~$81.~7+$75.aa} ~ $15.27 each
~S,aaa Landis + Syr Residential Meters with MeshReader Communications Cards w~outage detection at
$81.27 each~~`
■ 6 Commercial MeshReader Communications Cards w~autage detection far ~E k~2 series meters Meters tc be provided by DME} at 2~~.82 each
■ 48 Nleshateway collectors per geographic area, at $~85.a~
■ ~4 MeshRepeaters at $3?S.aa each ~ifneeded}
■ Unity Suite system with AI, load control, CPP and web interfaces far DMA's customers, at
$~aa,aaa,aa~'~
Page 14 of 15
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 June 23, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, June 23, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Charldean Newell, Bill Cheek, Phil Gallivan, John Baines and Randy
11 Robinson
12
13 Ex Officio Members:
14 George C. Campbell, City Manager
15 Howard Martin, ACM Utilities
16
17 Absent: Dick Smith and Bill Grubbs, both excused
18
19 OPEN MEETING:
20
21 CONSENT AGENDA:
22 The Public Utilities Board has received background information, staff's recommendations, and
23 has had an opportunity to raise questions regarding these items prior to consideration.
24
25 Board Member John Baines pulled Item 1 for individual consideration.
26
27 ITEMS FOR INDIVIDUAL CONSIDERATION:
28
29 1) Consider recommending approval of an ordinance accepting sealed proposals and awarding a
30 contract for the purchase of an Automatic Meter Reading Infrastructure System for Denton
31 Municipal Electric in the estimated amount of $1,598,284 (RFSP 4000 -Automatic Metering
32 Infrastructure System awarded to Trilliant).
33
34 Board Member Baines asked if there would be a decrease in personnel. Phil Williams, General
35 Manager, DME, replied it stated no decrease was expected due to a high attrition rate in this area.
36
37 Board Member Gallivan asked about funding for the system and what was current number of
3 8 residential meters. Williams replied the system would be bond funded and currently there were
39 43,000 meters.
40
41 Board Member Phil Gallivan moved to approve Item 2 with a second from Board Member
42 Bill Cheek. The motion was approved by a 5-0 vote.
43
44 The meeting was adj ourned by consensus at 11:24 a.m.
45
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams 349-8487
ACM. Jon Fortune
SUBJECT
Consider approval of an Ordinance accepting competitive sealed proposals and awarding a
contract for the purchase of an Interactive Voice Response System for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an effective date (RFSP
4008-Interactive Voice Response System for Denton Municipal Electric awarded to Milsoft
Utility Solutions in the amount of $241,163.30). The Public Utilities Board recommends
approval (6-0).
RFP INFORMATION
This item is for the purchase of an automated voice response system (IVR) for Denton Municipal
Electric (DME) which will be used to address the service needs of DME's customers. This IVR
will provide DME with the answering and message routing ability it requires plus provides the
ability to easily update messages, the ability to provide instructions in both English and Spanish,
and caller address identification that is necessary to support the Outage Management System. A
complete description of the IVR System is included in the Public Utilities Board Agenda
Information Sheet included as Exhibit 1.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its June 23, 2008 meeting.
RECOMMENDATION
Award a contract for the purchase of an Interactive Voice Response System for Denton
Municipal Electric with Milsoft Utility Solutions in the amount of $241,163.30.
PRINCIPAL PLACE OF BUSINESS
Milsoft Utility Solutions
Abilene, TX
ESTIMATED SCHEDULE OF PROJECT
The installation of the IVR system is scheduled to be completed by August 30, 2008.
Agenda Information Sheet
July 15, 2008
Page 2
FISCAL INFORMATION
This item will be funded from account 602166487.1355.3970. Requisition 87986 has been
entered into the Purchasing software system.
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Sheet Without Exhibits
Exhibit 2: Milsoft Utility Solutions Proposal
Exhibit 3: Opinion Letter from TG group, LLC
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-4008
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM #2
AGENDA INFORMATION SHEET
AGENDA DATE: June 23, 2008
DEPARTMENT: Electric Utility
ACM: Howard Martin, Utilities 349-8232
SUBJECT
Consider approval of an ordinance accepting sealed proposals and awarding a contract for the
purchase of an Interactive Voice Response (IVR) for Denton Municipal Electric in the amount of
$241,163.30 (RFSP 4008 -Interactive Voice Response System awarded to Milsoft Utility
Solutions).
BACKGROUND
Today, DME manages its response to the service needs of our customers through a standard
phonelvoicemail system that worked fine when there were fewer customers. With the increasing
number of customers and the growth of the City organization the requirements on the existing
phonelvoicemail system have grown beyond its capability. Customers calling into report
problems during power outages overload the present system and either (1) cannot get into the
City phone system, resulting in them getting a "fast busy" signal, (2} end up in a "loop" that tells
them to push "o" if they want to speak to a person over and over again, (3) listen to the phone
ring and never get any response at all, or (4) leave a voicemail that often ends up in the voice
mail box of the City switchboard rather than in a mailbox that DME can access. This is not the
appropriate way to treat customers and it is particularly frustrating when they have no power and
are trying to get information on the status of an outage.
Standard industry practice for dealing with these issues is the use of an Outage Management
System (OMS) and an Interactive Voice Response System (IVR). The City has awarded an
OMS vendor recently and DME has been working with Technology Services to prepare an RFP
for an IVR that best meets DME's existing needs and will integrate with the OMS system. This
IVR will provide DME with the answering and message routing ability it requires plus provides
the ability to easily update messages, the ability to provide instructions in both English and
Spanish, and caller address identification that is necessary to support the OMS system.
IVR benefits include:
• Improved customer service to the City of Denton customers calling to DME
• Improved customer satisfaction due to increased awareness of outage restoration progress
and providing estimated restoration times
• Improved media relations by providing accurate outage and restoration information
• Improved response time by reducing time spent answering calls and being able to dispatch
crews quic er
• Improved public relations by providing call back features to customers and being able to alert
customers of upcoming planned outages or tree trimming schedules
Exhibit 1
AIS -PUB Agenda Item #2
June 23, 2008
Page 2 of 2
DME staff members have spent the past year reviewing available IVR packages and with the
assistance of a consultant, have followed with the issue of a comprehensive Request for Proposal
(RFP) to Vendors. The Vendor that responded with a proposal to supply DME with an IVR
system is Milsoft Utility Solutions. Milsoft Utility Solutions is the same Vendor that has been
awarded the Outage Management System (OMS) recently by the City of Denton.
OPTIONS
1. Award contract of purchase of Interactive Voice Response (IVR) system to Milsoft Utility
Solutions.
2. Do not purchase an IVR system
RECOMMENDATION
The Vendor to supply DME with a proposal is Milsoft Utility Solutions and it is the
recommendation of the DME staff to award this contract to Milsoft Utility Solutions.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Approval of CIP Budget
DATE SCHEDULED FOR COUNCIL APPROVAL
July 15, 2008
FISCAL INFORMATION
The cost of the Milsoft Utility Solutions IVR software and hardware is $241,163.30.
BID INFORMATION
Responding Vendors:
Milsoft Utility Solutions
EXHIBITS
1. Milsoft Utility Solutions itemized proposal
2. Letter of Opinion
Respectfully submitted,
Phil Williams
General Manager
Denton Municipal Electric
Prepared by
Jeff Morris
DME Division Manager
Exhibit 2 Pr~posa~
~ ~611112~~
. ~ Brian Carr Y . brian.carrmilsoft.com
5~~.~44.5b47
~~~~~o-° . BSI I012005
Terry 3ones Terry .lanes
Denton Municipal Utilities Denton Municipal Utilities
215 E McKinney Street 21 E McKinney Street
Denton, T 7~2~1-4229 Denton, T 7~2~1-4229 C~SA USA
S~ftv~are co~t~ based on 721~~e
1 Caller ID 24 Lines ~$,~44.~0 ~5,~~4.~~
Caller ID {if available) far Fewer than 24 lines
~2 I~R Engine -Line Charge $~O~.~U ~3b,I~~0.0~
I A~RCHE $13,00~.4~ $13,~~I~.00 Includes inbound outage reporting call l~ar~dling, outbound outage restoration verification,
~ebIVR, ~ebCSI, PCRCHE CCM basic), Remote Dispatcher Noti~catian, Aware
. Listings, History Reporting.
1 Telelink Suite ~29,500.~0 $29,5~~.~0
Includes Directory Service, Account Inquiry, Aayment Arrangements, Credit Card 1 E-Check
Processing, Appointment Scheduling, and Customer Information Line. Customer
Nati#~cation: Includes Flexible Notification, Delinquency Notif cation, Planned outage Notif~catian, Emergency Notification, Systerrt Maintenance Notification, Load Shedding
Notification, and Customer Surveys
Software costs B~,S~D.~O
based on 7Z lines Total:
Hardware
1 Server Lines 24 -Hardware $13,~05.~~ $13,945.~~
I'VR Hardware -Server Lines 24: Includes Server, 203 Server, SQL Server and Utilities. Does not include monitor ar printer.
1 Server Lines 24 -Hardware: Redundant System I3,9~5.~D 13,945.Q~
IVR Hardware -Server Lines 24: Includes Server, 20~ Server, SQL Server and Utilities. Does not include monitor or printer.
3 Fail Dyer Telephony - 24 Lines ~721ine total} 9,g1~ 29,4~~.04
Telephony Cnly For use in redundant systet~ when pnmary r~R 1s not taking calls
3 Speech Capabilities - 24 Lines each X72 line total ~2~,I91.I~ $7,573.30
Includes Text-to-Speech, Voice Recognition, and Telephony.
Hardware 135,51.30
Quote Number: 3171 Total: ~ ale : ~
8~~.344,~~47 - brian,car~a mi~so~t.c~rn - ~v~.m~lso~.con~
a~n fete ~nsta~llati~n and Test at
4D rVR Interface Development $I50.0~ $6,~00.~0 Development cost per hour to confgure I~R to interface with C1S.
3 I~IR Onsite Technician -Per Day $1,000.0 $~,0~0.4~
3 IVR ~nsite Training -Per Day 1,Q00.U~ X3,000.00
t Travel expenses nat to exceed $,850.00 $6,85~.~4
In response to the City of Denton RFSP#4005, MYlso~s proposal and quotation includes the
fallowing revievu, design,
configurat1on, training and FAT ~Factary Acceptance Testing}travel related expenses:
1.Onsite Utility Infrastructure l~evie~v and Systems Design - ~I} MUS Representative - (1) Day
2. FAT Review At M i lsofts Pensacola, Florida Facility -maximum of ~5) City o#' Denton
Representatives - {2} Days 3. ~nsite System Insta~latian Utility Acceptance Testing- ~ I) ArIL~S Representative - {2} Days
4.Onsite System Training for City of Denton Personnel - ~ 1 } MUS Representative - Days
Complete X18,850.00
Installation and
Test Cost Total:
~ Total
Total; $241,163.30
quote Number: 3I ~t
8~~.44.~47 ~ br~ar~~ca~ ami~~oft,com - ~vi~saf~.com
- i
Tr~n ~ ~~it~or~
Porche IVRITeIeLinklCr~~vCammand indNlil I Ligt~tT`able l LandBase f Reliability Analysis f
P`~ce.In~lusionslExclusiorts Cantinge~lcy 5tl~dy I ~nterpri~e ~ Poles - FIVE Total price includes all hardware (except remote hardwat~~ and software, hi in
additional options or enhancements and documentation. Nat included are pP associated travel expenses, pre-installation meeting expenses, applicable taxes, V1A Priority
Mail included.
insurance, freight, telephone lines or telephone 5yste~n equipinerl#. `F~~s
Terms l °I° due upon receipt of invoice (New Systems} Support. Maintenance
54°/o upon quote acceptance 5u~pportlMaintenance will be billed at the rate of l 5°I~ of the retail system cast 4Q°I° upon installation annually. Payment afsupport
charges will be at the aptian ofthe Custorer. ]f for
1 D°fv upon final acceptance of the system (30 days after completion} any reason Custainer- decides to discontinue pa~yi~ent of support, Customer will (Upgrade Items}
not receive technical support, software fixeslpatches or any software upgrades.
75°la upon quo#e acceptance First year of support is included in the licensing fee. 2~% upon installation
~'ra~.~ti~g 5upport.& ~Vlaintenance Available upon request. Please contact ?I~IUS for current training rates and
SupportlMaintenancewill be billed at tl}e rate of 18°I° of the retail system cost schedule. annually. Payrr~ent o€support charges will be at the option ofthe Customer. If
for
any reason Customer decides to discontinue payment of support, Customer will not receive technical support, software fixesJpatches ar any software upgrades, Il~ulti-peak 7`esting
Harness
Invoicing will begin b0 days after installation is carnplete. ~'erm5 In~#~~~~tian Tini~~ lftD °lo due upon receipt ofinvaice
MUS agrees to install the hardware & software at Customers place of business at a rate ofDne Thousand US Dollars i$1,400.04), per day, per technician i trainerplus 5appo~t..~..tt!lainte~,a~
ce
all travel and out of pocket expenses. Training i5 included and shall be perfanned SuppoftlMaintenancewill bebilled at the rate of 25°I° of the retail system cost the week
following installation under the same terms and conditions. annually. Payment of support charges will be at the option ofthe Customer. If for
any reason Customer decides to discontinue payment of support, Custa~ner will not receive technical suppor#, sof3~vare fixesJpatches or any software upgrades,
❑1Sl~a~Cl] - pj~ Invoicing will begin 5Q days after installation is complete.
Pr~e.inc~usionslExclusians . This quote includes the CaRBA Orb and associated saf~vare needed to run the ~~L
application an one (I) server. I f Customer decides to nm the application on Terms multiple servers, Customer will be responsible far the additional cast of $2,SOQ.00
1 p0 °Ia due upon receipt of invoice
per server, This quote does not include hardware ar Microsoft SQI~ Server. T~rrrts 5upport....Mait~.tenance
54°/a upon quote acceptance 5uppartlMaintenancewill be billed attherate of I$°/a of the retail system cast 40°I~ upon installation annually, Payment of support
charges will be at the aptian of the CuStamer. If far
10% upon 'aural acceptance of the system (3~ days after completion) any reason Customer decides to discontinue payment of support, Customer will not receive technical support,
sof~vare fixesJpatches or any software upgrades.
upport...~._M~in.Xer~~nce Invoicing will begin b~ days after installation is complete. ~upportllulaintenance will be billed at the rate of 1$°1° of the retail 5y5teln cost
annually. Payment of support charges will be at the option of the Customer, If for any reason Cus#otner decides to stop payment of suppor#, Customer will not - ~1~~eF
receive technical support, software fixesfpatches ar any so#lware upgrades. Terms Invoicing will begin t30 days after installation is complete and rvili be invoiced an
lip % due upon receipt of invoice
a monthly basis. Installation & Trainitt~ Sut}nar# & Maintenance
M[_1S agrees t4 install the so~ware at Customers place of business at a rate of t7rte SupportlMaintenance wi116ebilled at the rate of 18°/a ofthe retail systern cast That~sand
US dollars i$1,~D0.0~},per day, per technician I trainerplus all travel annually. Payment of support charges will be at the option ofthc Custaner. If for
and out of packet expenses. Training is utcluded and shall be performed the sauna any reason Customer decides to discontinue payment of support, Customer will week ass installation.
not receive technical support, sof~vare fixeslpatches or any software up~~rades.
Invoicing will begin b0 days after installation is complete, .
~1nd.1lMa~p - MAA 1 ~nterprlse Quote Acceptance
Price lnclusio~slExclusions Total price includes VVindMili4lap Application,l<SRI components and customer This Quote constitutes the entire understanding and agreement between
the parties
database are not included. and supersedes any and all prior and contemporaneous, oral ar written representations, communications, understandings and agfeements between the
Term. parties with respect to the subject matter here~af The parties acknowledge arrd
lOQ°Ia upon receipt of invoice agree that neither afthe parties is entering into #his Quote on the basis afany
repr~sentatian ar promise not expressly contained herein. ~upg~~ ~ Main~er~ance Suppart,'Maintenancewlll be billed at the rate of 1 S°la afthe retail system cast
annually, Invoicing will begin GD days after installation is complete, In~~~iatian..&. Trainir~~
MUS agrees to install the software at Customers place of business at a rate of One , Thousand US dollars ($1,QQQ,O~), per day, per technician J trainer plus all travel
ACCOIInt: D~nt~n.11~~rnlci~al [1~I~Il:leS
and out of pocket expenses. Training is included and shall be performed the same week as installation. Accepted By:
pI'ltlt N~.Yne:... Datal'~ase Con~ersians and Conversion Tools .
Price.i.nciusianslExclusiat~s Date: The price for the database conversion is based upon data provided. The price does
not include any correction of data. ~ ~lf reC~ulr~d}:
support.&..IV~aintenatyce StippottlNiaintenance will be billed at the rate of~l}% of the Database converrsion
tool licensing fee. The first year of support is included. Trai~ir~~ Ta sr3bmit.t~is farm, please fax it to 3~5.69~.~338.
. Available upon request, Please contact'I~lUS for current training rates and schedule. If.you have.ar~y aueations regarding this quote, please cai18~4.344.5647
at~d ask for Brian Carr or email Brian at brian.carrmiisafi~.cam.
quote Number: 3171 Pa e: 2
8~0,~44,5~47 - ~rial~.ca a~nil~o#~.c~m - ~rw.milsa~.com
i
Exhibit 3
TG group, LLC
8002 West 113th Street, Overland Park, KS 66210
Office 913-338-1346 Cell 913-269-6280
June 16, 2008
Mr. William Morris,
Operations Division Manager
Denton Municipal Electric
1659 Spencer Road
Denton, Texas 76205
Re: Denton Interactive Voice Response, Opinion Letter
Dear Mr. Morris:
Denton Municipal Electric requested that TG group provide an opinion letter on "why there was
only one bid on the Interactive Voice Response (IVR) Request for Sealed Proposal". While the
actual reasons that companies decided to respond as they did will not be known, the following
represents an opinion based upon the market and the Denton Request for Sealed Proposal
(RFSP). It is the opinion of TGgroup that there were four reasons for only one proposal.
1) Denton requested that the IVR serve customers in reporting electrical outages, in helping to
resolve the outages and, in improving customer satisfaction. These three functions require
interaction with existing DME systems including the Outage Management System from Milsoft
and the Customer Information System from Harris. Apparently, only a limited number of
Vendors have written the Harris and Milsoft interface software for these specific functions in
electrical utilities.
2) Denton requested the vendors to provide turnkey capabilities of both a complete integrated
system and external call center recording for customer satisfaction at peak call in rates. With
only one dispatcher who is likely busy dispatching DME crews during major outages, the
vendors would have to provide the complete capabilities required in the RFSP.
3) Vendors were required to provide references of public power customers with two years of
successful IVR experience. When TG group talked to public power utilities about their IVR and
customer satisfaction, the utilities that had implemented Milsoft and participated in Milsoft user
group training were very positive about the IVR performance. Some utilities that purchased a
more generic IVR system have full time employee programmers upgrading their IVR for
improve customer per ormance.
1
4) Both the initial capital cost of the system and the ongoing operating expense bids were
required in the RFSP. Companies that would have considerable cost developing the system
integration for items 1 and 2 apparently felt that their proposal would either be incomplete or
higher cost than competitors. The alternative approach of routing over flow calls to a national
call center would be a monthly operating expense and would not effectively identify and solve
the electrical problem unless the systems were integrated.
Please let us know if additional information is needed. We sincerely appreciate the opportunity
to serve The City of Denton.
Thank you.
Sincerely yours,
Russell L. Trimble
Managing Partner
TG group, LLC
913-269-6280
rltrimble(a,,,,,,,, mail.com
rtrimb 1 e (a~,t~ group .net
2
ORDINANCE N0.
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT
FOR THE PURCHASE OF AN INTERACTIVE VOICE RESPONSE SYSTEM FOR DENTON
MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (RFSP 4008-INTERACTIVE VOICE RESPONSE
SYSTEM FOR DENTON MUNICIPAL ELECTRIC AWARDED TO MILSOFT UTILITY
SOLUTIONS IN THE AMOUNT OF $241,163.30).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of an interactive voice response system in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFOR,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFSP
NUMBER CONTRACTOR AMOUNT
4008 Milsoft Utility Solutions $241,163.30
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
BY: 4-Ord-RFP 4008
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND
RFSP N0.4008
THIS CONTRACT is made and entered into by and between Milsoft Utility Solutions a
corporation, whose address is 4400 Buffalo Gap Road, Suite 5150 Abilene, TX 79606,
hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule
municipal corporation, hereinafter referred to as "City," to be effective upon approval of the
Denton City Council and subsequent execution of this Contract by the Denton City Manager or
his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
I.
SCOPE OF SERVICES
Contractor shall provide all labor, supervision, materials and equipment necessary for
Automatic Meter Reading Infrastructure System. These products and services shall be provided
in accordance with the Specifications for Automatic Meter Reading Infrastructure System, a
copy of which is attached hereto and incorporated herein as Exhibit "A" (on file in the office of
the Purchasing Agent), and the Contractor's Bid in response thereto, a copy of which is attached
hereto and incorporated herein for all purposes as Exhibit "B" . The Contract consists of this
written agreement and the following items which are attached hereto and incorporated herein by
reference:
(a) Specifications for Automatic Meter Reading Infrastructure System; (Exhibit "A"
on file in the office of the Purchasing Agent).
(b) Contractor's Proposal. (Exhibit "B" on file in the office of the Purchasing
Agent);
(c) Insurance Requirements. (Exhibit "C");
(d) Form CIQ - Conflict of Interest Questionnaire (Exhibit "D").
(e) Contractor's Quote (Exhibit "E")
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to the written agreement then to the contract documents in the order in which
they are listed above. These documents shall be referred to collectively as "Contract
Documents."
II.
TIME OF COMPLETION
Contractor agrees and covenants that all work hereunder shall be complete by August 30,
2008.
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III.
WARRANTY
Contractor warrants and covenants to City that all goods and services provided by
Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects
and produced and performed in a skillful and workmanlike manner and shall comply with the
specifications for said goods and services as set forth in this Agreement and the Bid
Specifications attached hereto and incorporated herein as Exhibit "A"(on file in the office of
the Purchasing Agent). Contractor warrants that the goods and services provided to City under
this Agreement shall be free from defects in material and workmanship, for a period of one (1)
year commencing on the date that City issues final written acceptance of the project.
IV.
PAYMENT
Payments hereunder shall be made to Contractor following city's acceptance of the work
and within thirty (30) days of receiving Contractor's invoice for the products and services
delivered. Total compensation under this contract shall not exceed the sum of $241,163.30.
Contractor recognizes that this Contract shall commence upon the effective date herein
and continue in full force and effect until termination in accordance with its provisions.
Contractor and City herein recognize that the continuation of any contract after the close of any
given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year,
shall be subj ect to Denton City Council approval. In the event that the Denton City Council does not approve the appropriation of funds for this contract, the Contract shall
terminate at the end of
the fiscal year for which funds were appropriated and the parties shall have no further obligations
hereunder.
V.
PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
Contractor shall at all times exercise reasonable precautions for the safety of employees
and others on or near the work and shall comply with all applicable provisions of Federal, State,
and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall
be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses
arising out of or related to a breach of this duty by Contractor pursuant to paragraph VIII.
INDEMNIFICATION and paragraph IX. COMPLIANCE WITH APPLICABLE LAWS set
forth herein.
VI.
LOSSES FROM NATURAL CAUSES
Unless otherwise specified, all loss or damage to Contractor arising out of the nature of
the work to be done, or from the action of the elements, or from any unforeseen circumstances in
the prosecution of the same, or from unusual obstructions or difficulties which may be
encountered in the prosecution of the work, shall be sustained and borne by the Contractor at its
own cost and expense.
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VII.
INDEMNIFICATION
Contractor shall release, defend, indemnify and hold the City, its elected officials,
officers and employees harmless from and against all claims, damages, injuries (including
death), property damages (including loss of use), losses, demands, suits, judgments and costs,
including attorney's fees and expenses, in any way arising out of, related to, or resulting from the
services provided by Contractor under this Agreement or caused by the negligent act or omission
or the intentional act or omission of Contractor, its officers, agents, employees, subcontractors,
licensees, invitees or any other third parties for whom Contractor is legally responsible
(hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims.
In the event the City is a named party to a suit arising out of the subject matter of this
Contract, the City shall have reasonable input into the selection of defense counsel to be retained
by Contractor in fulfilling its obligation hereunder to defend and indemnify City. City reserves
the right to provide a portion or all of its own defense; however, City is under no obligation to do
so. Any such action by City is not to be construed as a waiver of Contractor's obligation to
defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract.
Contractor shall retain defense counsel within seven (7) business days of City's written notice
that City is invoking its right to indemnification under this Contract. If Contractor fails to retain
counsel within such time period, City shall have the right to retain defense counsel on its own
behalf, and Contractor shall be liable for all costs incurred by City.
VIII.
COMPLIANCE WITH APPLICABLE LAWS
Contractor shall at all times observe and comply with all Federal, State and local laws,
ordinances and regulations including all amendments and revisions thereto, which in any manner
affect Contractor or the work, and shall indemnify and save harmless City against any claim
related to or arising from the violation of any such laws, ordinances and regulations
whether by Contractor, its employees, officers, agents, subcontractors, or representatives.
If Contractor observes that the work is at variance therewith, Contractor shall promptly notify
City in writing.
IX.
VENUE
The laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this Contract. The parties agree that this Contract is performable in Denton
County, Texas, and that exclusive venue shall lie in Denton County, Texas.
X.
ASSIGNMENT AND SUBLETTING
Contractor agrees to retain control and to give full attention to the fulfillment of this
Contract, that this Contract shall not be assigned or sublet without the prior written consent of
city, and that no part or feature of the work will be sublet to anyone objectionable to City.
Contractor further agrees that the subletting of any portion or feature of the work, or materials
required in the performance of this Contract, shall not relieve Contractor from its full obligations
to City as provided by this Contract.
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XI.
INDEPENDENT CONTRACTOR
Contractor covenants and agrees that Contractor is an independent contractor and not an
officer, agent, servant or employee of City; that Contractor shall have exclusive control of and
exclusive right to control the details of the work performed hereunder and all persons performing
same, and shall be responsible for the acts and omissions of its officers, agents, employees,
contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not
apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors
and consultants, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Contractor.
XII.
INSURANCE AND CERTIFICATES OF INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance coverage
as set forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated
herein by reference. Contractor shall provide a signed insurance certificate verifying that they
have obtained the required insurance coverage prior to the effective date of this Contract.
XIII.
HINDRANCES AND DELAYS
No claims shall be made by Contractor for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract.
XIV.
AFFIDAVIT OF NO PROHIBITED INTEREST
Contractor acknowledges and represents it is aware of all applicable laws, City Charter,
and City Code of Conduct regarding prohibited interests and that the existence of a prohibited
interest at any time will render the Contract voidable. Contractor has executed the Affidavit of
No Prohibited Interest, attached and incorporated herein as Exhibit "D".
XV.
SEVERABILITY
The provisions of this Contract are severable. If any paragraph, section, subdivision,
sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or
contrary to any rule or regulation having the force and effect of the law, such decisions shall not
affect the remaining portions of the Contract. However, upon the occurrence of such event,
either party may terminate this Contract by giving the other party thirty (30) days written notice.
XVI.
TERMINATION
City may, at its option, with or without cause, and without penalty or prejudice to any
other remedy it maybe entitled to at law, or inequity or otherwise under this Contract, terminate
further work under this contract, in whole or in part by giving at least thirty (30) days prior
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written notice thereof to Contractor with the understanding that all services being terminated
shall cease upon the date such notice is received.
XVII.
ENTIRE AGREEMENT
This Contract and its attachments embody the entire agreement between the parties and
may only be modified in writing if executed by both parties.
XVIII.
CONTRACT INTERPRETATION
Although this Contract is drafted by City, should any part be in dispute, the parties agree
that the Contract shall not be construed more favorably for either party.
IX.
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns.
XX.
HEADINGS
The headings of this Contract are for the convenience of reference only and shall not
affect in any manner any of the terms and conditions hereof.
XXI.
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONTRACTOR shall retain such books,
records, documents and other evidence pertaining to this agreement during the contract period
and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in
which case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available, within 1 o business days of written
request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the OWNER similar access to those documents. All books and records
will be made available within a So mile radius of the City of Denton. The cost of the audit will
be borne by the OWNER unless the audit reveals an overpayment of 1 % or greater. If an
overpayment of 1 % or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the CONTRACTOR which must be payable within five business days of
receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of
the terms "books", "records", "documents" and "other evidence", as used above, shall be
construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
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IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
CONTRACTOR
BY:
Name:
Title:
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
PRINTED NAME
CITY OF DENTON, TEXAS
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM
MICHAEL S. COPELAND, UTILITY ATTORNEY
BY:
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EXHIBIT C
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
• Any deductibles or self insured retentions shall be declared in the bid proposal. If requested by the city, the insurer shall reduce or eliminate
such deductibles or
self insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
~ Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers.
• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or
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EXHIBIT C
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
~ Cancellation: The City requires 30 day written notice should any of the
policies described on the certificate be cancelled or materially changed
before the expiration date.
~ Should any of the required insurance be provided under aclaims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
~ Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
~ Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
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EXHIBIT C
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than 5500,000 shall be provided and maintained by the Contractor. The policy shall be written on
an occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
~ Coverage B shall include personal injury.
~ Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[ ] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than 5300,000 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
~ any auto, or
~ all owned, hired and non-owned autos.
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EXHIBIT C
[ ] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building. Limits of not
less than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
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EXHIBIT C
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance maybe required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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EXHIBIT E
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
❑ Yes ❑ No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
❑ Yes ❑ No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
❑ Yes ❑ No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adopted 06/29/2007
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1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 June 23, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, June 23, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Charldean Newell, Bill Cheek, Phil Gallivan, John Baines and Randy
11 Robinson
12
13 Ex Officio Members:
14 George C. Campbell, City Manager
15 Howard Martin, ACM Utilities
16
17 Absent: Dick Smith and Bill Grubbs, both excused
18
19 OPEN MEETING:
20
21 CONSENT AGENDA:
22 The Public Utilities Board has received background information, staff's recommendations, and
23 has had an opportunity to raise questions regarding these items prior to consideration.
24
25 Board Member John Baines pulled Item 1 for individual consideration.
26
27 2) Consider recommending approval of an ordinance accepting sealed proposals and awarding a
28 contract for the purchase of an Interactive Voice Response (IVR) for Denton Municipal
29 Electric in the amount of $241,163.30 (RFSP 4008 -Interactive Voice Response System
30 awarded to Milsoft Utility Solutions).
31
32 Board Member Phil Gallivan moved to approve Item 2 with a second from Board Member
33 Randy Robinson. The motion was approved by a 5-0 vote.
34
3 5 The meeting was adj ourned by consensus at 11:24 a.m.
36
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Tom Shaw 349-7133
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City Council repealing Ordinance No. 2008-128;
awarding a three year contract for the purchase of temporary employment services for various
City of Denton departments for the City of Denton; providing for the expenditure of funds
therefor; and providing an effective date (Bid 4058-Three Year Contract for Temporary
Employment Services awarded to Labor Finders in the annual estimated amount of $200,000 for
an estimated three year total of $600,000).
BID INFORMATION
This bid is for temporary employment services to be utilized by various City departments on an
as needed basis. This includes field worker positions and drivers, often used by Solid Waste.
The bid was originally awarded by Council, to Express Employment Professionals, on June 17,
2008. After award, the vendor was unable to supply workers as needed.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Council originally approved this item on June 17, 2008 (Ordinance 2008-128).
RECOMMENDATION
Rescind the award to Express Personnel Services as referenced above, and award the contract to
Labor Finders. The apparent second low bidder, Diverse Staff, was disqualified for not meeting
the specifications of the bid. The actual expenditure amount by line item varies depending upon
department need and staffing levels.
PRINCIPAL PLACE OF BUSINESS
Labor Finders
Denton, TX
Agenda Information Sheet
July 15, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
This is a thirty-six month contract, effective from date of award or notice to proceed as
determined by the City of Denton Purchasing Department. At the City's option and approval by
the vendor, the contract maybe renewed for three (3) additional one-year periods with all pricing
remaining the same; unless there is an increase in the minimum wage.
FISCAL INFORMATION
This item will be funded by the individual departments utilizing the temporary services on an as
needed basis.
EXHIBITS
Exhibit 1: Bid Tabulation
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 4058
Exhibit 1
BID # 4058
DATE: dune 3, 2008
Three-Year Contract for Tem orar Em to ment Services
ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR
Express Labor Employment Diverse Staff Finders Labor Ready
Professionals
Principle Place of Business: Denton Houston Denton Denton
Temporary Worker
1 Varied number of employees and hours per $11.04 $11.00 $11.90 $11.34 week.
Cost to City $ per hour
Temporary Driver
2 Varied number of employees and hours per $13.80 $16.50 $18.83 $19.99
week.
Cost to City $ per hour
Optional Adder
3 Vendor provides all safety equipment for each $1.00 $0.00 $0.00 $2.16 temporary worker/driver.
s:~o~r dac~m~nts~ordi~~nce~~~S~temp services reawar~.d~c
ORDNANCE 1~0, ~~aS-
AN OI~.DINA~CE OF THE CITY COUNCIL REPEA LING ORDINANCE NO, ~~~5-I2~`
AwARD~N ~ THREE YEAR CONTRACT FOR THE PURCHASE OF TEMPORARY
EMPLOYMENT ERICE FOR ~ARIOU CITY OF D~NTON DE~ARTMEN~T~ FOB.
THE CYTY OF DE~VTON; PROID~O FOR THE EPEND~TURE OF FUNDS THEREFORE
AND PRO~~DINO AN EFFECTIVE DATE BID 4055-THREE YEAR CONTRACT FOR
TEMPORARY EMPLOYMENT SEI~V~CE AA~DED TO LABOR FINDERS IN THE
ANNUAL ESTIMATED AMOUNT OF ~OO,a~~ FOR. AN ESTIMATED THREE YEAR
TOTAL OF ~O~,~aa}.
WHEREAS, on June ~ 7, 2aa~ the City Council adapted Ordinance No. 2~0~-1 ~S
accepting and approving, intex a~Ya, the bid of Express En~pl~yn~ent Frofessianals id No. 4~5~
} ~ being the lowest respan~b~e bid; and
WHEREAS, due to ei~cu~mstances beyond the cantro~ of Express En~pioyment
Professianai and City, Express En~playment Professionals is unable to cony i with the terms of PY
the Bald bid av~axd and prav~de temporary emp~oyrrient services as needed by the C1ty; and
AREAS, the City Manager or a designated employee has reviewed and recommended that the
herein described bids are the lowest responsih~e bids far the m,ateria~s, equipment, supplies or services as
shown in the "Bid Pr~pasa~s"' subrnit~d therefore; and
wHER.EAS, the City Council has Provided in the Ci bud et for the a rv riatton of
~ funds to be used for the purchase of the rnateria~s, equipment, supplies ar services a roved and
accepted herein; THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION t. The recitations stated in the preamble of this Ordinance are incorporated by
reference as park of this Ordina~.ce.
SECTION 2. Section 1 of Ordinance 2~08~ 128, is hereby repealed.
SECTfON 3. Should the City and the winning bidders} wish to enter into a formal written
agreement as a xesu~t of the acceptance, approval, and awarding of the bids, the Ci Mona er or his
tY designated representative is hereby authorized to execute a written contract in accordance with the terms,
conditi~nS, specifications, standards, quantities and specified sums contained 2n the Bid Pro oral and
related documents and to extend that contracx as determined to be advantageous to the City of Denton.
I
s:~our ~ocume~ts~ordinances~DB~temp se~rices reawar~,da~
ECT~N 4. By the acceptance and approval of e abo~re enumerated bids ,the City Counc~~
hereby author~~es the expenditure of funds therefor ~n the amount and to accordance with the a rv~ed
bids.
ECTI~N ord~na~e half be~om~ effe~t~~~ imn~ediat~l ~ on its a~sa a an Y ~ ~ ~
approval.
AAED AND A.~PIDV'ED this ~ dad ~f 208. }
MARK A. BI~RRDI~~i, NIAYDI~
ATTE~':
JENNIFER ALTAR} CITY ECR~TAI~Y
BY:
AP~~~ED A TD LEGAL ~~RM:
JOIN M. KNIC~I~T, INTERIM CITY A.TT~RNEY
x ~
Exhibit A
BID # 4058
DATE: dune 3, 2008
Three-Year Contract for Temporary
Em to ment Services
ITEM DESCRIPTION VENDOR
Labor Finders
Principle Place of Business: Denton
Temporary Worker
1 Varied number of employees and hours per $11.90
week.
Cost to City $ per hour
Temporary Driver
2 Varied number of employees and hours per $18.83
week.
Cost to City $ per hour
Optional Adder
3 Vendor provides all safety equipment for each $0.00
temporary worker/driver.
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider approval of tax refunds for the following property taxes:
Name Reason Tax Amount Year
1. GE Capital Solutions DCAD Supplemental Change 2002 $ 1,932.80
2. Sally Beauty Supply Company DCAD Supplemental Change 2006 $21,671.15
BACKGROUND
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of
the taxing unit for refunds in excess of $500.00.
The first refund for consideration is attributed to a deletion in personal property value for leased
equipment for GE Capital Solutions from tax year 2002. The Denton Central Appraisal District
(DCAD) eliminated the personal property value assessed for the 2002 tax year. The supplemental
refund payment is $1,932.80 for the leased equipment that GE Capital Solutions paid from that
tax year.
The second refund for consideration is attributed to a DCAD reduction in personal property
value for the Sally Beauty Supply Company. In tax year 2006, the value of their personal
property was assessed at $15,136,207. The value has now been reduced by $3,458,973, causing a
supplemental tax refund payment to be issued. The supplemental refund payment is in the
amount of $21,267.15.
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $23,603.95.
Respectfully submitted:
Bryan Langley
Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Utilities -Environmental Qualit Division
ACM: Howard Martin, 8232
SUBJECT
Consider adoption of an ordinance amending Chapter 26 entitled "Utilities" of the Code of
Ordinances of the City of Denton, Texas, by the addition of Article X Entitled "Municipal
Setting Designations", regarding the local rules adopted by the City of Denton for Municipal
Setting Designations; providing findings and definitions, providing for the prohibition of the use
of designated groundwater in a municipal setting designation, providing for an application
process for a municipal setting designation, providing for public meetings and hearings,
providing for notice to persons within the affected community, providing for limitations on
reapplication, providing for proof that response actions have been completed on a site, providing
for a penalty not to exceed $2,000 for violations thereof; providing that a penalty shall be
recoverable for each day a provision of this ordinance is violated, and each such violation shall
be a separate offense; providing for a civil fine of not to exceed $1,000 per day for violations of
this ordinance, together with other designated legal and equitable remedies that are available to
the city; providing for a severability clause; providing for a savings clause, repealing all
ordinances in conflict herewith; providing an open meetings clause; providing for city council
approval thereof; providing for publication thereof; providing an effective date. The Public
Utilities Board recommends approval by a vote of (4-0).
BACKGROUND
In 2003, the 78th Texas Legislature passed a Municipal Setting Designation (MSD) law
concerning regulatory requirements for removing contaminants from groundwater. The law
authorizes the Texas Commission on Environmental Quality (TCEQ) to receive, process, and
certify MSD applications for properties with certain types of contaminated groundwater that are located within the corporate limits or extraterritorial jurisdictions of municipalities.
However,
the law states that TCEQ can only certify these MSD applications if municipal support of the
designation is demonstrated through a Municipal resolution or ordinance.
Under standard TCEQ regulatory conditions, remediation of a site with potential shallow
groundwater contamination would require the groundwater to be remediated to drinking water
protective concentrations levels (PCLs). The rationale behind this regulatory requirement is
that, in the absence of prohibitive regulations, a person or persons could access this groundwater
and use it as a potable water source. Groundwater PCLs are based on a person's lifetime
(typically 70 years) exposure to the contaminant(s) in question, as derived from consuming the
contaminated water as that person's sole source of drinking water. Since drinking water PCLs
are often the most difficult and expensive to PCLs to achieve, this requirement has resulted in
many contaminated properties not being remediated due to the real or perceived expense
associated with groundwater cleanup. However, in many cases the shallow groundwater at such
sites would never be used for potable purposes due to the generally low water yields
characteristic of shallow aquifers and the fact that a municipal supply of potable water is readily
available. Because the current regulations require remediation to drinking water PCLs, sites
with shallow groundwater contamination often remain in a contaminated state until property
values become high enough to make remediating the groundwater economically viable.
In effect, the MSD law sets conditions for property "designations" that limit the requirements for
contaminated groundwater to be remediated to drinking water PCLs. As stated above, MSDs
are considered applicable incases where the designated groundwater is not currently used for
potable water, and establish restrictive conditions that prohibit the future use of designated
groundwater for potable purposes. This prohibition must be in the form of a restrictive covenant
or ordinance that is enforceable by the City and filed in the property records.
The purpose of the MSD law is to facilitate the cleanup of contaminated properties by providing
a less expensive and faster alternative to existing state environmental regulations. In general, the
MSD law recognizes that in some locations, no one is using groundwater as a potable water
source in the vicinity of a contaminated groundwater zone. The law further recognizes that use
of the designated groundwater as a future potable source is unlikely because a public supply that
relies on another source of water is available. By establishing a restrictive mechanism
prohibiting groundwater use, the MSD ensures that public health is protected and the possibility
of the designated groundwater being used for potable purposes is eliminated. Designating
groundwater in this manner allows the TCEQ to remove the requirement to remediate the
groundwater at the site to drinking water PCLs and then apply the next most stringent
remediation standard(s).
It is important to note that in addition to municipal support, the MSD is subject to all the
additional requirements of TCEQ's review and final approval. Because both people and
ecological receptors (fish, wildlife, etc) can be exposed to contamination in ways other than exposure through groundwater consumption, the law still allows the TCEQ to require
the
investigation and remediation of contaminants for other concerns unrelated to potable water use.
Examples of additional exposure pathways include inhalation of vapors originating from the
groundwater or the discharge of potentially contaminated groundwater into streams.
The City of Denton established its first Municipal Setting Designation (MSD) on November 6,
2007 when the City Council adopted a resolution supporting the requestor's MSD application to
the Texas Commission on Environmental Quality. During the November 6, 2007 MSD
presentation to the City Council, Councilman Mulroy directed staff to draft an ordinance to
address future MSDs, since it is likely that additional MSD applications would be sought within
Denton. To address this request, staff has reviewed MSD ordinances and resolutions from
surrounding municipalities, including Dallas, Fort Worth, Arlington, and Duncanville. MSD
regulations were also discussed with staff members who are specialists for MSDs at the City of
Fort Worth's Environmental Management Department.
From a municipal perspective, MSDs have two fundamental components that must be addressed
during the review, support, and application process. The first component deals with local
standards, information requirements, public notification requirements, and similar issues
associated with the local review process. The second component is the mechanism needed to
address the "evidence of municipal support" that must be obtained by the applicant before the
TCEQ will process the MSD application. Staff proposes to adopt an approach similar to the
City of Fort Worth, where both an ordinance and resolution are utilized during the MSD
application process. In this approach, the ordinance component is used to address local
standards, information requirements, the review process, public notification requirements, and
similar local issues. The resolution component is considered by the City Council on a case-by-
casebasis and, if approved, is used by the applicant to demonstrate "municipal support" to
TCEQ.
Based on the recommendations of Denton's legal department, staff is proposing to establish a
"controlling" ordinance by adding the proposed amendments to Chapter 26 of the City of Denton
Code of ordinances. These amendments are provided as Exhibit 1. The "evidence of municipal
support" will be provided via asite-specific ordinance that will be considered by Council on a
case-by-case basis, and that may contain site specific conditions for the site in addition to the
routine conditions specified in Chapter 26. The site-specific ordinance is provided as Exhibit 2.
Staff has also created an application form / checklist to supplement the ordinance and facilitate
information submittal and staff review, which is provided as Exhibit 3.
Planning and legal staff have reviewed and approved both of the MSD ordinances. Staff
provided notice and facilitated a public meeting to discuss the addition of the MSD requirements
to Chapter 26 of the Code of Ordinances. The meeting was held from 6:00 p.m. to 7:00 p.m. on
Thursday March 27th, 2008 at Fire Station No. 1, located at 332 East Hickory Street, Denton,
Texas 76201. Except for City of Denton staff, there were no attendees at this meeting.
Staff will be glad to answer any detailed questions concerning the proposed ordinance. Since
the ordinance is rather lengthy and complex, staff has provided the following ordinance
highlights. The proposed ordinance:
• Provides formal definitions for terms commonly used in MSD cases.
• Prohibits any use of MSD ground water and provides a formal penalty for non- .
comp lance.
• Outlines the information needed by staff to perform the MSD review and make
recommendations, explains the review process, and establishes a review timeframe.
• Establishes and explains the application process for City Council approval.
• Formalizes the conditions of the public notice requirement, which will be administered
by the City, but paid for by the applicant.
• Sets a fee so that all municipal review and notification costs are paid by the applicant.
• Requires that any right-of ways that are suspected of receiving contaminants from the site
must be included within the MSD application and must be remediated as required by the
State.
• Requires the applicant to hold a public meeting, and spells out notification and meeting
requirements.
• Describes the public hearing process.
• Allows staff to propose and / or council to request additional safety requirements such as
pipe materials, etc. for each MSD site
• Provides a "penalties for non-compliance" section.
• Requires the applicant to provide, or cause to be provided, insurance with coverage for
environmental impairments (or seepage and pollution) associated with the cleanup of the
property for which the MSD is sought.
• Establishes the requirements and process for filing the required deed restrictions and
closure documents with the City.
• Established restrictions on reapplication(s).
Staff proposes an MSD application fee of $5,000 per application, which should be adequate to
cover the expenses associated with staff review, staff s role in public notices and public
meetings, and the printing /mailing costs for notifications.
OPTIONS
1. Recommend amending Section 26 of the City of Denton Code of Ordinances to
incorporate staff s proposed MSD regulations.
2. Recommend modifying staff's proposed MSD regulations, then amending Section 26 of
the Denton Code of Ordinances to incorporate staff s proposed MSD regulations as
modified.
3. Recommend maintaining Section 26 of the Denton Code of Ordinances in its current
form, without modification.
RECOMMENDATION
Staff recommends Option 1.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
February 1 1, 2008 Public Utility Board: General information concerning MSDs
March 4, 2008 Committee on the Environment: General information and fees
April 14, 2008 Public Utility Board: Ordinance and recommendation of approval (PUB
unanimously recommended approval)
May 5, 2008 Committee on the Environment: MSD fees and insurance
June 9, 2008 Public Utility Board: Update concerning insurance requirements
EXHIBITS Exhibit 1. Proposed MSD ordinance (to be incorporated into Section 26 of Denton's Code of
Or mances).
Exhibit 2. Proposed MSD "site specific" ordinance template
Exhibit 3. Proposed application form /checklist
Exhibit 4. Presentation
Exhibit 5. PUB Meeting Minutes
Respectfully prepared and submitted by:
I . ~
x:
Kenneth Banks, Manager
Division of Environmental Quality
s:laur documer~tslordinances1~81msd ordinance final, ~5~808.doc
1 3.
EXHIBIT 1
oRDINANC~ NO. ~~~s-
AN ORDINANCE AIVIENDINO CHAPTER Z~ ENTITLED "UTILITYE" OF THE CODE OF
ORD~ANCES OF THE CITY OF DENTON, TEAS, BY THE ADDITION OF ARTICLE X
ENTITLED "lV1CTNICIPAL SETTING DESIGNATIONS", REARD~O THE LOCAL
RULES ADOPTED BY THE CITY OF DENTON FOR MUNICIPAL SETTING
DESIGNATIONS; PROV~DINC~ FINDINGS AND DEFINITIONS, PROVID~NC FOR THE
PROHIBTI'ION OF THE USE OF DESIGNATED GROUNDWATER IN A MUNICIPAL
SETTING DESIGNATYON, PROVIDING FOR AN APPLICATION PROOFS FOR A
MUNICIPAL ETTYNC~ DESIGNATION, PROVIDING FOR PUBLIC MEETINGS AND
HEARINGS, PROVIDIl~G FOR NOTYCE TO PERSONS WITHIl~ THE AFFECTED
COMMUNITY, PROYD~NG FOR LIMITATIONS ON REAPPLICATION, PROVIDING
FOR PROOF THAT RESPONSE ACTIONS HAVE BEEN COMPLETED ON A SITE,
PROVIDING FOR ~A PENALTY NOT TO EXCEED ~,~a~ FOR VIOLATIONS THEREOF;
PROVIDING THAT A PENALTY SHALL BE RECOVERABLE FOR EACH DAY A
PROVISION OF THIS ORDINANCE IS VIOLATED, AND EACH SUCH VIOLATION
SHALL BE A SEPARATE OFFENSE; PROVIDING FOR A CIVIL FINE OF NOT TO
EXCEED $1,O~fl PER DAY FOR VIOLATIONS OF THIS ORDINANCE, TOGETHER. 'ITH
OTHER DEIC~NATED LEGAL AND EQUITABLE REMEDIES THAT ~ AVAI.LABLE
TO THE CITY; PROVIDIl~G FOR A E'~ERABILITY CLAUSE; PROVIDTI~C FOR. A
A~INGS CLAUSE, REPEALING ALL .ORDINANCES IN CONFLYCT HEREWITH;
PROVIDING AN OPEN MEETINGS CLAUSE; PROVIDING FOR CITY COUNCIL
APPROVAL THEREOF; PROVIDn~C FOR PUBLICATION THEREOF} PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the C1t~ of Denton, Teas ~ a hon~ewrule municipality; and
WHEREAS, Chapter ~ 61 ~ Subchapter of the Texas Solid Waste Disposal Act the
"MSD ~egilatian"} authorise the Texas Cammision an Envlr~ra.n~.ental ualit~ ~"TE}'} to
certify Municipal Setting Designations far properties upon receipt and approval of a proper
appllcatlan to the ~'C~; ar~d
WHERIIAS, the Texas legislature, in enaatin~ the MSD ~eislatian, found that an action
by a municipality to restrict acees to ar the use of groundwater in support afar to facilitate a
rnun~crpal setting deignat1an advances a substantial and le~t~ruate State interest; and
WHEREAS, due. to limited quantity and low quality, there arc areas of shallow
groundwater Within the City of Denton and its extraterritorial jurisdiction that are not valuable as
potable water sources, and are therefore not utilised for potable purposes; and
WI~REAS, properties ~n the City of Denton are underlain W1 unusable groundwater
that mad have become contaminated by historical an~site or off site sources; and
WHEREAS, the use of Municipal etting Desrnatlans wrthtn the City of Dentan allows
for a ~tate~evaluated corrective action praces~ far groundwater that is directed toward protection
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of human health and the env~ron~nent balanced v~ith the economic welfare of the citizens of the
city; and
V~HEREA, where public clrrinkir~ v~ater is available, the potable use of groundwater in
designated areas should be prohibited to protect public health and welfare when the quality of the
groundwater presents an actual or potential threat to human health; and
HEREA~, due notice vas given to the public of a public hearing for the purpose of
determining v~hether the City Council of the City of Denton., Texas should enact an ~rdir~ance
controlling l~Iunicipal betting Designations in the Ctty afDenton, Texas; and
AREA, the City Council of the City of Denton, Texas has considered the matter and
deems it appropriate and in the best interest of tie public and the City to facilitate efforts to secure a
1V~unicipal Setting Designation and TCE closure documentation from the TCE~ far certain
properties by passage of this ordinance; I~~, THEREFORE,
THE C~NCIL ~F THE CITY OF DEN~T~~ HEREBY ORDAINS:
SECTION I. The facts and the recitations contained and cited in the preamble hereof are
hereby found and determined to be true and correct and are incorporated herein by reference,
SECTI~I~ 2. The C1ty Council finds that it is ~n the best interests of public health,
safety and welfare to facilitate and support the TCE's certification of a municipal setting
designation and TCE~ closure documentation far MSD Properties,
ECTI01~ 3. Chapter 2~ of the Denten Code of Ordinances, Entitled "~Jtilities" is hereby
amended by adding and adapting Article X, entitled "Municipal Setting Designations", Sections ~dw X71 through. ~~~279, which shall read as follows:
ARTICLE . MUNICIPAL SETTING DESIGNATION ~1VISD}
sec, ~(~~7~.. ~)ef~nrtions.
For the purposes of this article, the following terms, phrases, ~rords, abbreviations and their
derivations shall have the meaning given herein. then not inconsistent with the cante~t, wards
used in the present tense include the future tense, words in the plural number include the singular
number, and words in the singular number include the plural number. The v~ord 'shall" is always
mandatory and not merely directory. fiords not defined shall be given their common and
ordinary n~ean~ng,
~4ff~~~ co~~ty means those persons entitled to notice a deed in ~~-2~~~b}~~}
A~~l~o~~z~d ~e~r~senta~iv~ means, far purposes of signing an application, if the applicant is a
corporation, the president, secretary, treasurer, or a vicewpresident of the corporation in charge of
a principal business function, or any other person who performs similar policy yr decision
making functions for the corporation;lf the applicant 1s a partnerslnp or sole proprietorship, a
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general partner or proprietor, respectively; and if the applicant is a local government, the chief
executive officer or his authorized d~eslgnee.
~'emica~ ar ~o~a~rt~r~~ of ca~acerra means any chemical that has the potential to adversely
affect ecological or human receptors due to its concentration, distribution, and mode of toxicity,
rte ~4~~orn~~ means the City Attorney far the pity of Denton, ar the City attorney's authorized
representa~.ve.
~~sina~e ro~~dwa~er means groundwater that will be or is prohibited tom use as potable
water, or for all uses, by a municipal setting designation ordinance,
.~~sx~at~ ~ro~erty means the property that will be or subject to municipal setting
designation ordinance, The designated property may cover several platted lots or tracts of land.
Director means the Director of the Planning Department far the pity of Denton, or the Director's
authored representative.
nviro~an~~rt~~~ risk assessr~en~ means the qualitative and quantitative evaluation performed in an
effort to dune the risk eased to human health andlor the environment by the presence or
potential presence and~or use ofpollutant.
ro~c~wa~er means water below the surface of the earth,
~r~es~io~ Protec~iv~ 'o~ce~~ratio~z ~ve~ means the protective concen~atian level far human
ingestions of contaminants of concern established by the TAE under the Texas Risk Reduction
Program, determined as if there was no municipal setting designation.
I~tes~iort ~r~~c~~ve ~rrcntra~io~ ~eve~ ~or~e means the area where concentrations of
cont~anainant of concern from sources an or migrating through the designated property are
greater Haan the ingestion protection concentration level, determined as if there was na municipal
setting designation.
urtici a~ et~i~z Desinataort ~D) means a designation as provided by chapter d~,
subchapter , of the Texas health and safety bode, which authorizes the executive dixector of
the Texas ~omissian on Environmental duality to certify municipal setting designa~ons
order to limit the scope af, or eliminate the need for, investigations or response actions
addressing contaminant imparts to groundwater which has been restricted tram use by ordinance
or restrictive covenant.
~I~nici a~ S'ei~ Dsr' tior~ ir~c means an ard,ina~nce adapted pursuant to this Article,
o~-~ es~ion ~ro~~c~ive 'or~ce~a~ra~ro~ ~eve~ means the protective concentration level for
dermal contact or inhalation far contaminants of concern established by the TAE under the
Texas Risk Reduction Program,
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o~ Ir~gs~ion ~ro~ec~ive C~r~en~a~ro~ L~vi~ Exceedance done means the area where
concentrations of contaminants of concern from sources on or migrating from or through the
designated .:property are greater than non-ingestion protection concentraation levels for
conta~ni.nants of concern established by the TCE under the Texas Risk Reduction Program,
~o~abde ~va~~r~ means water that is used for irrigating craps intended for human consumption, a
well as water that is used far dr~nkin~ showering, bathing, or cooking purposes,
~ro~ec~iv~ 'o~ce~t~a~ion ~eve~ means the lowest concentration level for a contaminant of
concern within a source mediu~a determined from all applicable exposure pathways and as
defined in the `Texas Risk Reduction Program,
~~~ponse ~fcti~rt means the control, decontamination, or removal from the environment of a
contaminant or hazardous substance pursuant to Subchapter unicipal Setting
Designation," of Chapter ~ ~ 1, "Solid waste Disposal pct" of the 'Texas Health anal Safety Code.
means the Texas Camtnission on Enviroi~rnental duality.
~4~~~rca~~~o~ means the application submitted to the TCE for certification of a municipal
. setting designaon,
To the ~x~e~~ I~~own means information known by an applicant or applicant's agent after review
of all public and private records and other information sources available in the exercise of due
diligence,
~~-~7~. ~e of r~andwater ~ SID Ares ~roh~id
~a} A person conits an a~ense if the person lntnt~onally, knowingly, or with
crzn~inal negligence uses groundwater ~ Designated Property as a potable or non-potable
water source.
~ A person conits an offense if the person intentionally, knowingly, or with
criminal negligence uses groundwater in Designated Property for any purpose prohibited
as a condition of Council approval, as specified in Section 2~-~7~d}~}.
dec. ~b-~7. Application for City aana~ Approval ~f NOD
~a} ~ person seeking City Council approval of a iVISD for an area within the
corporate limits of the City of Denton shall apply in writing to the Planning Depar~nent
of the City of Denton, with the number and format of copies, as determined by the
Director.
~ An application shall contain:
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{d} All owners of real property lying within Z~~ feet cf the
subject property, as the ownership appears on the last approved City tax roll.
{7} A site map, drawn to scale, including a metes and bounds descriptian of
the proposed Designated Property, the boundary of the proposed D area the
location of groundwater on the proposed D area, and the extent Qf
groundwater contamination to the limits that it has been defined. The neap shah
include a state~ner~t by a professional sand surveyor registered by the Texas Board
of Professional purveying attesting to the accuracy of the metes and hounds
description;
{8} The location afall soil sampling pants and groundwater rnonit~ring wells;
{9} For each contaminant of concern found at the site, to the extent known,
provide a table displaying the following information
{a} the level of contamination, the ingestion protective concentration
level and non-ingestion protective concentration levels, all
expressed as mglL or mgJkg, depending on sampling n~ediun~; anal
{b} the critical protective conen~ation level as defrned without the
municipal setttinng designation highlighting any exceedances; and
{c} the critical protective concentration level as defined with the
municipal suing designation, hig~ilighting any exceedances; and
{d} a ~ digital file, in a format acceptable to the Dixector, which
summarizes this information.
l4 A statement as tv whether contamination on and off the Designated
Property will exceed ~ residential assessment level as defined in the Texas disk
eduction Pragra~n, if known, and the basis far that statement;
{ll~ A description of any enviranenta.l regulatory actions that have been
taken within the last eve years i.n conjunction with the Ieignated Property, to the
extent known;
{l} A listing of all existing TES U.. ~nvirontnental Protection Agency
registrations, permits, and identification numbers that applies to the Designated
Property
l A s of an environmental site assessment reports filed with the { ~ ~y Y
TE regarding any site investigation ar response actions that are planned,
ongoing, or completed related to this designated property;
~ 1 A statement as to whether the designated property has been submitted to
the Texas Voluntary cleanup Program {section ~ ~ 1, ~a l of the Texas I~ea.lth and
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Safety bode} or similar state or federal program, and ~ description of the
designated property's status in the program;
{15} Any other infarrnation that a Director deems pertinent.
{e~ {The application shall be signed by an authorised representative of the applicant
and shall contain the following certification statement:
"I certi under enal of law that this document and all attacl~rnents were prepared
p tY under y direction or supervision in a manner designed to assure that ~uali~ied personnel
properly gather and evaluate the information submitted. Based on my inquy of the
person or persons directly responsible far gathering the information, the information
submitted is, to the best of nay knowledge and belief, true, accurate, and complete. I any
aware that there are significant penalties for submitting false information, including the
passibility of fine and imprisonment for knowing violations."
{d} ~n application shall be accompanied by.
{1} An electrar~ic ale of the names and addresses of persons lasted in
Subsection {b}{G~ above, in a format acceptable to the Director and
compatible with City information systems; and
~2} A set of printed mailing labels with the names and addresses of persons
. listed in subsection {b}{~~ above;
A nonrefundable application fee in an amount set by pity council.
{e} An app~.cant may withdraw its application only in writing by ~ctter sent certified
mail, return receipt requested, to the Director, and shall Forfeit the application fee. If the
Director has not issued public notice prior to the receipt of the withdrawal letter, the .
applicant nay reapply at any time. If public notice has issued, a new application is
subject to the limitations of Section ~~-277 below,
Sec. Z~'~4. St~evir~v
{a} For purposes of the times stated in this ordinance, an application is deemed to
have been received on the date that the application was actually received by the Director,
as indicated by the file date stamped on the application by the Planning I~epartrnent,
The application for a SD shall be forwarded to the Development Review .
committee ~ for staff review, The purpose o the review is to determine whether the ~ ~
application is complete, and whether any current or future pity property or other interests
have the poten~al to be impacted by the proposed LSD. pity staff shall not conduct an
environmental risk assessment of the application.
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~c} If e Director, in his or her solediscretion, determines that it is likely that a
source of a contaminant of concern originated on the designated property} and that the
ingestion or non-ingestion protective concen~ation level exceedance zone for that
contaminant of concern extends to the public right-of-a adjacent to the designated
property, the D~rectar may recommend that the Mun~c~pal Setting De1gnation include a
condition that the public right-of-~a~y adjacent to the proper be included, at no
additional cost to the City, in the T~ application far the NID.
~d} If the Director determines that the application i incomplete or insuicient, the
application will be returned to the applicant, Hating the deficiencies in writing. The
applicant shall have thirty ~3a} days from the date of the deficiency letter to correct the
deficiencies and resubmit the application. If the applicant fails to subna~t a corrected
applica~.an within the allotted time, the application shall be deemed to be withdrawn and
the application fee forfeited.
fie} If the Director determines that the application 1s complete, a public meeting and a
public hearing will be scheduled, The public meeting must be held prior to the public
ear~ng,
~ 1 } A public meeting will be scheduled approximately forty-eve X45 } clays
following the day the applleat~ar~ was recelved; and
A publlc hearing of the City Council w~11 be scheduled pproxnnately
thixty days following the publlc meeting.
Sec. ~-~7, Notice o~ Public ll~eet~g
~a} Notice of the public meeting far an MSD application must include the date, time and
location of the public meeting, the identity of the applicant, the location and legal
description of the Designated Property, the purpose. of the MSD, the type of
contamination identified in the groundwater of the area far which the MSD is caught, and
statement that a copy of the application is available far public viewing at the City
Secretary's office Noce will be made as follows:
~ 1 } ~ The Director will publish notice of a public meeting far a proposed MSD
in the official newspaper of the City, or in a newspaper of general circulation, not
less than been ~ l 5 }days before the public meeting; ,
The Director will provide written notice of a public meeting far a
proposed MSD, Hat less than fifteen X15} days before the date of the public
meeting by properly addressed and regular postage paid, in the United States mail.
Notice will be mailed to;
~a} The applicant;
fib} Those on the list provided by applicant pursuant to Section
7~b}~~};
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The Applicant ~ requixed to post at least one sign upon the area far which a 11~~
has been requested. Posting shall be in the sane manner as zoning aendrnents. The
signs} must state that a Nf D bas been requested for the area and that additional
infarn~ation can be acquired by telephoning the number listed thereon ar visiting the web
site address listed thereon. The erection andlor the continued maintenance of any such
sign shall not be deemed a condition precedent to the holding of any public meeting or
public hearing or to any o'icial action concerning the NiD application.
Section ~~-~7~ public m~cting
~a} The purpose of a public meeting is for the applicant to present infor~natxon to the
affected community about the NID process ~ general, the application specific to the
property for which the MAD is being sought, and to obtain input from the affected
community prior to a formal action by the pity council.
fib} 'The applicant or its representa~ve must appear at the public meeting. ff the
applicant fails to appear at the public meeting either person or by representative, the
application shall be deemed thdrawn and the appl~cat~on fee forfeited.
~c} The Director will facilitate the meeting, giving the applicant or its representative
- the opportunity to present its reasons for requesting a LSD, and giving members of the
affected community the opportunity to ask the applicant questions or make oral
comments an the application.
ect~a~ Z~~ qty ocil P~b~c Hag
~a} Prior to the public hearing, the Director will provide the pity council a cagy of
the application, and written report summarizing the req~.est far the 11~D approval, any
staff comments of concerns, and minutes of the public meeting.
fib} The applicant or its representative must appear at the public hearing and present
the request far a 1ViD approval. If the applicant fails to appear at the public hearing, the
. application shad. be deemed withdrawn and the application ice forfeited.
~c} persons wishing to speak either in favor of ar aait the application wi..~,l be
provided the opportunity in accordance with pity council guidelines for public hearings.
~d} following the conclusion of the public hearing, the ~1ty ounc1l nay approve,
condi~onally approve, disapprove, or postpone action on the application. to a future date.
If approving an application, the pity council shad: .
~ l } approve a niunxcipal setting designation ordinance supporting the
app~.cation to be presented to the TC~, and prohibiting the use of
designated groundwater from benea.the Designated Fropert~; and
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{2} Include in a ordinance other reasonable restrictions, including, but not
limited to specification of underground construction materials to be used
in the Designated Property,
{e} City Council approval of an application shall not be deemed to waive the pity's
right to cvm~nent an ~a D application that has been filed with the Executive Director of
the TCE.
Section ~f~~~S Li~it~tion on reapplication
If aver public hearing the City Council disapproves an application, or if the applicant has
withdrawn its application aver public notice has been issued, no new MAD a plications far the p
proposed Designated Properky shall be accepted by the City or scheduled for public hearing by
the City Council within a period of twelve {1~} .anths of the date of disapproval or withdrawal.
ect~on ~.7~ Additions Prvv~~on~, Enforcement, end Pena~~ie~
{a} The applicant shall provide, ar cause to be provided, insurance with coverage for
environmental impairments {ar seepage and pollutions associated wig the cleanup of the
property far which the MAD is caught. Evidence of insurance coverage meeting all
requirements of this section {2~,27~~ shall be provided during the SID application
process with the City. The required insurance policy shall be enacted on the same date
the applicant files the D application with the TCE, and the applicant shall provide
certifications of insurance to the Director at this time. Failure to enact the insurance
policy as requested shall result in the City contacting the TC~ and withdrawing support
far the MSD.
1. The policy shall be endorsed to read "this policy will not be cancelled or
non-renewed without 3 ~ days written notice to the City, except when the
policy is being cancelled far non-payment of premium, in which case 1 ~
days advanced written notice is required".
policy coverage shall apply to all sudden and non-sudden pollution
conditions resulting from the escape or release of vapors, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste materials or other irritants,
contaminants, ar pollutants resulting from the MAD property.
Policy coverage shall be a minimum Combined Single Limit of
1,~~~,~~~ per occurrence of environmental impairment{s} {or seepage
and pollution}, aid shall be maintained until completion documentation is
Issued by the TE and provided to the City as specked m ~6.~79{b}.
{b} A person who has received approval of a D from the City, shall, upon issuance
frarn the TCE, provide the Director with a copy ofthe certificate of completion or other
documentation issued for the 1V1SD aa, Thawing that response a.ons, if required, have
been ca~npleted.
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The Applicant shall execute, deliver and file, no later than fifteen ~l} days from
e date of the T~~'s certicatian, . the official real property records of Denton
bounty, Texas, a deed restriction approved a to farm by the City Attorney prohibiting
the drilling of wells and the use of designated groundwater far any purpose, including but
nat l.ited to any potable purpose, and excepting only: ~i}wells used as monitoring wells
for the collection of groundwater samples far chemical ar biological laboratory analyses;
and ~ii~ wells used for the purposes of remediation of sail or groundwater contnination.
~d~ ~ ~ile~staped and recorded copy of said deed restriction shall be delivered to the
pity A.ttorney's mice and the Director's office within. three business days after the date
of filing. The deed restriction shall be enforceable by the pity of Denton and may be
mended or terminated only with the prior written consent of the pity of Denton aver at
least ~ ~ days prior written notice to the TE of any pending amendment or termination.
~e~ A person camn~its an offense if they fail to provide the pity Attorney and the
Director with the docun~entatian required in this Section within the specified time frames,
~ person conirnits an offense if the person intentionally, l~nawinly, or with
criminal negligence uses groundwater in a Designated Property for .a purpose prohibited
in the N~unieipal Setting Designation ordinance.
fig} Any person who violates any provision of tln article shall, upon conviction, be
punished by a one not to exceed two thousand dollars ~$~,0~~,~4}. Each day that one or
more provisions in this plan are violated shall be considered a separate offense.
} The city attorney is authorised to co.n~ence an action for appropriate legal ar
equitable relief in a court of corr~petent ~urisdietion in addition to the penalty mentioned
in the above subsection Such additional relief may include a civil fine of up to one
thousand dollars ~1,~D~.oO~ per day for viola~ons of sections 6-~75, and all other
damages, casts, remedies and legal processes to which the city naay be entitled,
~i} This ordinance shall be and is hereby declared to be cumulative of all other
ordinances of the pity of Denton, and this ordinance shall not operate to repeal ar affect
any of such other ordinances except insofar a the provisions thereof might be ,
inconsistent or in conflict with the provisions of this ordinance, i.n which event such
conflicting provisions, if any in such other ordinance or ordinances are hereby repealed.
} All of the regulations provided this ordinance are hereby declared to be
governmental and for the health, safety and welfare of the general public. Any member of
the pity council or any pity official or employee charged with the enforcement of this
ordinance, acting far the pity of Denton in the discharge of hislher duties, shall not
- thereby render himselflherselfpcrsonally liable; and helshe is hereby relieved from all
personal liability far any damage that might accrue to persons or property as a result of
any act required ar permitted in the discharge afhislher said duties.
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~ r ~r
~CTIO~ 4. In the event any one ar mare provisions of this ordinance are held by a
court or adxn~nistrative agency of competent ~urisdictian to be illegal, invalid ar unenforceable
in any respect, the City shall make a good faith effort to re~aedy the defect, if and, fulfil the purpose and intent ofthis ordinance.
~CT~~N All ordinances ar parts of ordinances farce when the provisions of this
ordnance became effective which are inconsistent, or in conflict nth the terms or provisions
contained n this ordinance are hereby repealed to the extent of any such conflict.
~CTI~N~ This ordnance shall became effective fourteen ~14~ days from the date of its
passage, and the City secretary is hereby directed to cause the caption of this ordinance to be published
twice n the Denton Record-Chronicle, a daily newspaper published n the City of Denton, Texas, within
ten ~ ~ days of the date of its passage.
PAED AID APPR~V~D this the day of , ~~DB.
~I~R~ A . BURR~~GH~ , 1~A~OR
ATTEST;
JE~IFER wAI~TER, CITE ~CRETA.Y
BYE
A~PR~VED T~ LEGAL F~ •
~Dw1N M. N fTY ~RNE~
BY:
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EXHIBIT 2
ORDINANCE ~v~.
AN ORDINANCE ~F THE CITY C~LCIL ~F THE CITY ~F IENT~ AI~TH~1~IlV
THE ACCEPTANCE OF DEED RESTRICTIDNS PRDHIBITINCr THE I~SE OF
DESIGNATED Ri~N~DwATE~ FRD BENEATH THE PROPERTY, rENERALLY
DESCRIBED AS I AND L~A~'IN ~F P1~~PElt~ INSERTED ~ , TD
FACILITATE CERTIFICATION DF A MI.J~NICIPAL SETTING DESI~IATIDN ~"MSD"} DF
SAID PROPERTY BY THE TEAS COMMISSION DN EN~IRDNNIENTAL IJALITY
~"TCE"}, PI.SUANT TO THE TEAS SOLID WASTE DISPOSAL ACT; ANO
PRDVIDINC~ FDR AN EFFECTIVE DATE.
wHEI~EAS, Chapter 3~I, Subchapter of the Texas Sofid waste Disposal Act ~e
"MSD legislation"~ authorizes the Texas Commission on Environmental ua~ity ~"TCE"~ to
certify Municipal Setting Designations far properties upon receipt and approval of a proper
application to the TCE; and
wHEI~EA, the Texas legislature, in enacting the MSD legislation, found that an action
by a municipality to restrict access to or the use of groundwater in support of ar to facilitate a
Mun~c~pal Setting Designation advances a substantial and leg~t~mte State interest; and
WHEREAS, as a part of the application process for a Municipal Setting Designation, an
applicant is required tv provide a resolution or ordinance of support from the municipality in
which the MSD is being sought, and is required to demonstrate to the TCE that a resolution or
ordinance prohibiting the use of and contact with designated groundwater from beneath the
property has been enacted; and
wI~REAS, due to limited quantity and law quality, there are areas of shallow
groundwater within the City and its extraterritorial jurisdiction that are not valuable as potable
water sources and therefore axe not utilized for potable water; and .
wH~REAS, same commercial and industrial properties within Denton and its
extraterritorial jurisdiction are underlain with unusable groundwater that has become
contaminated by historical on~site or off-site sources; and
wH~REAS, the potable use of groundwater ~n designated areas should be pro~.b~ted to
protect public health and welfare when the quality o the groundwater presents an actual or
potential threat to public health; and
WHEREAS, the use of a Municipal Setting Designa~.on allows far aStte-evaluated
corrective action process for groundwater that is dixected towards the protection of human health
and the environment; and
WHEREAS, ~NS~T APPI~IANT NAll+l~ ~hereina~er "Applicant}'~ intends
to submit an application to the TCE for certification of a Municipal Setting Designation far the
property located INERT ~OATI~N, the legal description of which is set forth in
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Exhibit "A", attached hereto and made a part hereof the "MD Property"}, said D Property
being located within the city limits of the pity of Denton; and
wI~REA, the Applicant has certified to the pity of Denton that:
I . the purpose of the application is to assist the Applicant in obtaining from
the TE the documents demonstrating the TES's determination, after
completion of any rernediationrequirements and appropriate review by the
TE, that no fi~rther environmental cleanup or restoration is requixed by
the TE with respect to the MD Property ~"TE closure
docurentation"}; and
as a part of the application, the Applicant has or will submit to the TE a
statement regarding the type of mown contamination in the groundwater
bn~th the MAD Property and has identified that shallow groundwater
bless than 5a feet below ground surface} contains cherrdcals of concern
shave Tier 1 groundwater ingestion protective concentration levels, a~s set
forth ~ Texas Administrative bode, chapter 0 the "Texas Risl~
Reduction Program"}; and
wHEREA, the Applicant has continuing abl~gatlans to satisfy ect1on ~ d 1. SO S of the
MAD legislation and applicable TE regula~ans concerning groundwater contamination
investigations and response actions; and
wHEREA, the Applicant desires to secure a Municipal Setting Designation for the
MAD Property, as well as TCE closure documentation, and has requested the pity of Dentan to
facilitate said objectives through passage of this Ordinance pertaining to deed restrictions
prohibiting the use of designated groundwater from beneath the MAD Property; and
wHEREA, the City Council of the City of Dentan is of the opinion that it is m the best
. interest of the public and the City to facilitate the Applicant' efforts to secure a Municipal
betting Designation and TE closure documentation from the TCE by passage of this
Ordinance s set forth in Chapter Section of the Denton Code of Ordinances, entitled
"Municipal ettinng Designations"; l~Dw, THEREP~RE,
THE OIJNCIL DF THE CITY ~F DETCN HEREBY DRDAII~:
ETI~I~ 1. The City Council .nds that the findings, statements, and policy
determinations set forth in the preamble of this ordinance are true and correct and are
incorporated herein.
SECTION The City Council finds that it is in the best interests of public health, safety
- and welfare to facilitate and support the TE's certification of Municipal Setting Designation
far the SD Property, as well as the TE closure documentation.
SECT~D 3. Ta facilitate the TE's certification of a Municipal Setting Designation
far the IVID Property and the issuance of closure documentation b~ the TCE~, the Applicant
Page
s:1~ur ~ocumentslardir~ances1481msd ge~eric,~oc
shall execute, deliver and file, na later than ~.fteen 5} days franc the date of the TE'
certification, the official real property records of Benton bounty, Texas, deed restriction
approved as to form by the pity Attorney prohibiting the drilling of wells and the use of
designated groundwater for an~r purpose, including but not limited to any potable purpose, and ,
excepting only: ~i} wells used as monitoring wells for the collection of groundwater samples far
che~nxcal or biological laboratory analyses; and iii} we11s used for a purposes of remedition of
loll or groundwater contaxn~natxon~
SETI~N 4. A f~1e-stamped recorded copy of said deed restr~ctzon shad be delivered to
the pity Attorney's office and the Director of Planning's office of the pity of Denton within
three business days after the date of filing in the 1]enton bounty real property records. The deed
restriction shall be enforceable by the pity of Denton and maybe amended or terrnin.ted only
v~ith the prior written consent of the pity of Denton after at least 3 a days prior written notice to
the TE of any pending amendment or termination.
S~~TYD Failure to execute} record, and deliver the deed restriction in accordance
with this ordinance within the time 1in~it set forth herein shall render this ordinance null and
void, and of no further farce or effect unless the pity autho.~e an extension in writing.
SE~T~~N The applicant shall submit, upon receipt of the Municipal Setting
Designation certification from the TCE for the MAD Property, a true and correct copy of the
deed restriction to the Manager of the Division of Environmental uality~ The Applicant shall
also submit, upon receipt of TE closure docun~entatian from the TE far the SD
Property, a true and correct copy of such documentation to the Manager of the Division of
Environmental duality and the pity Secretary's office,
SECT~~1~ 7. Failure of the Applicant to diligently pursue and obtain from the TE: ~i}
a Municipal Setting Designation certifcate far the MSD Property} and ~ii~ TAE closure documentation for the D Property, sha~l~ render this ~rd~nance voidable
by the ~1t~ auncll
following day's written notice to the TE and the Applicant.
SET~~~ 8. This ordinance sha11 take effect immediately franc and after its passage.
PASSED A1~D APPR~~ED this the day of , 2~0.
i
MARK A. ~~RR~HS; MA~~R
Page 3
. r s:lour docume~tsla~lc~s1~81~sd generic.doc
A~TT~T:
~E~'R ALTER, CITY ECR~TA~Y
BY;
APPR~"~ED A T~ LEGAL FARM:
El]~N NYD CITY O~NEY
i
Page 4
i
EXHIBIT 3
Municipal Setting Designation Application Form
Please use the checklist below to indicate whether the items are included in the application by checking
the "yes" or "no" or "N/A- not applicable" column. If an item is checked "no", an explanation must be
provided as to why the item is not included. The application must include all information on the following
checklist IN THIS ORDER. Please note that if an item is checked "no", the application could be
rejected.
ITEM YES NO N/A Pa e #
1. Executive Summary
2. Name, address, and telephone number of all applicants, all property owners within the designated property, and any representatives of the
applicants or property owners. If the applicant of the MSD is not the
property owner/seller, then the applicant must provide the City a letter
of authorization from the owner/seller authorizing the applicant to file
the MSD application. A copy of this letter must be included in this
section.
3. A legal description of the boundaries of the designated property AND
THE METES AND THE BOUNDS OF THE ADJACENT PUBLIC
RIGHT(S)-OF-WAY, along with a copy of the deed for the designated
property. One legal description which consists of: (1) the designated property and (2) the adjacent public right(s)-of way in a contiguous
form and fashion is also acceptable.
4. A site map showing:
A. the location of the designated property AND ADJACENT PUBLIC
RIGHT(S)-OF-WAY
B. the topography of the designated property as indicated on publicly
available sources
C. the detected are of groundwater contamination;
D. the location of all soil sampling locations and all groundwater
monitoring wells;
E, groundwater gradients, to the extent known, and direction of groundwater flow; and
F, the ingestion protective concentration level exceedance zone for each
contaminant of concern, to the extent known;
5. A description of the current use, and, to the extent known, the
anticipated uses of the designated property and properties within 500
feet of the designated property.
6. For each contaminant of concern within the ingestion protective
concentration level exceedance zone, to the extent known, provide the
following:
A. Description of the ingestion protective concentration level
exceedance zone and the non-ingestion protective concentration level exceedance zone, including a specification of the horizontal area and
the minimum and maximum depth below ground surface.
B. The level of contamination, the ingestion protective concentration
level, and the non-ingestion protective concentration level, all expressed
as mg/L or mg/Kg units depending on environmental media.
ITEM YES NO N/A Pa e #
7. For each contaminant of concern within the designated groundwater, to the extent known, provide the following:
A. Description of the ingestion protective concentration level
exceedance zone and the non-ingestion protective concentration level
exceedance zone, including a specification of the horizontal area and
the minimum and maximum depth below ground surface.
B. The level of contamination, the ingestion protective concentration
level, and the non-ingestion protective concentration level, all expressed
as mg/L units or mg/Kg units depending on environmental media.
8. A table displaying the following information for each contaminant of
concern, to the extent known: A. The concentration level for soil and groundwater, the ingestion
protective concentration level, and the non-ingestion protective
concentration level, all expressed as mg/L units
B. The critical protective concentration 1eve1 without the municipal
setting designation, highlighting any exceedances.
C. The critical protective concentration level with the municipal setting
designation, highlighting any exceedances
9. A statement as to whether the plume of contamination stable,
expanding, or contracting with the basis for that statement. If this
information is not known, a statement of why the information is not known.
10. A statement as to whether contamination on and off the designated
property without a municipal setting designation exceeds a residential
assessment level as defined in the Texas Risk Reduction Program, if
known, and the basis for that statement.
11. A statement as to whether contamination on and off the designated
property without a municipal setting designation will exceed a
residential assessment level as defined in the Texas Risk Reduction
Program, if known, and the basis for that statement.
12. Identification of the points of origin of the contamination and the
persons responsible for the contamination, to the extent known.
13. A description of any environmental regulatory actions that have been taken within the past five years in connection with the designated
property, to the extent known.
14. A listing of all existing state of U.S. Environmental Protection
Agency registrations, permits, and identification numbers that apply to
the designated property.
15. A statement as to whether the designated property has been
submitted to the Texas Voluntary Cleanup Program (Section 361.601 of
the Texas Health and Safety Code) or similar state or federal program,
and a description of the designated property's status in the program.
16. A summary of any environmental site assessment reports filed with
the TCEQ regarding any site investigations or response actions that are
planned, ongoing, or completed related to the designated property.
ITEM YES NO N/A Pa e #
17. A statement as to whether any public drinking water supply system exists that satisfies the requirements of Chapter 341 of the Texas Health
and Safety Code and that supplies or is capable of supplying drinking
water to the designated property and property within one-half mile of
the designated property and the identity of each.
18. The name and address of each owner of astate-registered private
water well within five miles of the designated property, along with an
electronic file of the names and addresses of these persons, in a format
acceptable to the Director and a set of printed mailing labels with the
names and addresses of these persons .
19. The name and address of each retail public utility, as defined in
Section 13.002 of the Texas Water Code, that own or operates a groundwater supply well within five miles of the designated property,
along with an electronic file of the names and addresses of the
appropriate contact person at these utilities, in a format acceptable to
the Director, and a set of printed mailing labels with the names and
addresses of these persons.
20. A listing of each municipality, other than the City of Denton, with a
boundary within one-half mile of the designated property, along with an
electronic file of the names and addresses of the appropriate contact
person at these Municipalities, in a format acceptable to the Director,
and a set of printed mailing labels with the names and addresses of
these persons. 22. The following statement signed and sealed by a licensed
professional engineer or licensed professional geoscientist authorized to
practice in the state of Texas with expertise in environmental
remediation:
To the best of my knowledge and belief, based upon a review of all
public and private records and other information sources available to
me in the exercise of due diligence, the opinions stated and conclusions
made in this application are supported by such information, and the
technical and scientific information submitted with the application is
true, accurate, and complete. Based on such review, the contaminants of concern from the sources on the designated property or migrating
from or through the designated property more likely than not (do
exceed) or (do not exceed) anon-ingestion protective concentration
level on property beyond the boundaries of the designated property.
ITEM YES NO N/A Pa e #
23. If the licensed professional engineer or licensed professional geoscientist determines that contaminants of concern from sources on
the designated property or migrating from or through the designated
property more likely than not do exceed anon-ingestion protective
concentration level on property beyond the boundaries of the designated
property, then the applicant must:
A. Specify the name and address of the owner of each property.
B. Send a copy of the application to the owner of each property.
C. Provide documentation that the designated property has been
included in a state or federal program that requires that the entire non-
ingestion protective concentration level exceedance zone be addressed to the satisfaction of the agency administering the program, along with
documentation of the estimated time period in which it is to be
addressed. An example of such a program is the Texas Voluntary
Cleanup Program (Section 361.601 of the Texas Health and Safety
Code).
D. Provide documentation upon completion of the state or federal
program showing that the non-ingestion protective concentration level
exceedances have been addressed to the satisfaction of the agency
administerin the ro ram.
24. The following statement certified by the applicant and any
authorized representatives of the applicants listed in the application: I certify under penalty of law that this application and all attachments
were prepared under my direction or supervision in a manner designed
to assure that qualified personnel properly gathered and evaluated the
information submitted. Based on my inquiry of the persons responsible
for gathering the information, the information submitted is, to the best
of my knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing
violations.
25. The signature of the applicant and proof that the applicant has the
legal authority to restrict the use of the groundwater on the designated ro e
26. Evidence of required insurance, as specified in Section 26-279(a) of
the code of ordinances ertainin to Munici al Settin Desi nations
27. The initial filin fee of $5000 a able to "Cit of Denton".
28. Any additional information the applicant wishes to provide, or that
has been re uested b the Director.
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EXHIBIT 5
1 MINUTES
2 PUBLIC UTILITIES BOARD
3 April 14, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, and after convening an Open Meeting, the Vice Chair of the Public Utilities Board
7 thereafter convened into an Open Meeting on Monday, April 14, 2008 at 9:03 a.m. in the Service
8 Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Vice Chair Dick Smith, Phil Gallivan, Randy Robinson and Bill Grubbs
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Utilities
15
16 Absent: Chair Charldean Newell, Bill Cheek and John Baines, excused
17
18
19 12) Receive a report, hold a discussion, and give staff direction concerning an amendment to
20 Chapter 26 of the Denton Code of Ordinances, entitled "Utilities", through adoption of a new
21 Article (Article X), entitled "Municipal Setting Designations", Sections 26-271 through 26-
22 278.
23
24 Martin called on Dr. Kenneth Banks, Manager, Division of Environmental Quality, to present an
25 update to the earlier presentation on Municipal Setting Designations (MSD).
26
27 Dr. Banks stated that the earlier presentation was an information session to inform the Board
28 what a MSD is, and why one is being considered for the City of Denton. This presentation will
29 provide a review and discussion of code amendments that staff is proposing for Chapter 26 of the
30 Code of Ordinances relating to Utilities. Staff is proposing a modification to allow the regulation
31 of MSD's through ordinance. There are two ordinances: one is a controlling ordinance and one
32 is an ordinance that will be in place for each specific MSD.
33
34 Banks began with a reiteration of the history of the MSD, which was passed by the 78th
3 5 Legislature in 2003 and is designed to provide an alternative for addressing ground water
36 contamination in order to facilitate development in sites where the ground water may be
37 contaminated but where it will never be used for drinking water. The State recognized that many
3 8 of these sites will never need the water to be potable, but the old standard required bringing the
39 site to stringent ground water standards, which are based upon ingestion and on a lifetime
40 exposure. Achieving these standards can be very expensive to remediate. Therefore, the sites
41 were not developed. Thus, the legislature passed the MSD law.
42
43 To insure that ground water is not used, an MSD establishes a restrictive condition that runs with
44 the property in perpetuity that says that this ground water will not be used for potable purposes.
45 This ban is accomplished in the form of an ordinance or resolution at the municipal level. That
46 resolution, or ordinance, is supportive of a restrictive covenant that is enforceable by the City
47 and is filed as a component of the property records of this property and becomes attached to this
48 property in perpetuity. All the MSD accomplishes is to establish the condition to state that the
49 ground water is no potable and therefore is not to be used for potable purposes. This restriction
50 removes the TCEQ's requirement to evaluate the ground water exposure pathway for
Minutes of the Public Utilities Board meeting
April 14, 2008
2of5
1 consumption and allows the applicant to clean up the site to what the State believes is an
2 appropriate clean-up level. The ground water ingestion pathway is taken off of the review, but
3 all other exposure pathways still apply.
4
5 The MSD provides a process to recognize that, if ground water is taken out of potable use, the
6 applicant goes to the next exposure pathway and allows for development of the property. This
7 initiative came about through the Brownfield's Redevelopment initiative at the state level. There
8 have to be assurances that, if the applicant goes that route, ground water will not ever be used for
9 potable purpose, and that's why the regulation sets this restrictive mechanism in place to ensure
10 no one will ever use this ground water for potable purposes. Once that is in place, the TCEQ can
11 remove that requirement from the cleanup standard and then apply the next most stringent
12 standard applicable to the site in question.
13
14 Banks then presented highlights of the ordinances. First, the state requires that the municipality
15 demonstrate support of an application for an MSD designation, and that support is to be either in
16 the form of an ordinance or a resolution. The first need was a controlling ordinance to set the
17 standards for the information needed during the review at the city level. However, the city must
18 also have a resolution or ordinance that is specific to each individual site because that specific
19 ordinance must be included in the application process with the TCEQ. Staff thus is proposing
20 two ordinances, one that is a controlling ordinance that will be within subchapter 26 of the Code 21 of Ordinances related to Utilities, and one site-specific ordinance
that will be considered by
22 Council for each MSD setting application. The goal is twofold, to demonstrate municipal
23 support and to allow a second opportunity to specify any needed site-specific conditions that are
24 not handled by the controlling ordinance. This process somewhat the Fort Worth and Dallas
25 processes. Legal is more comfortable with having two ordinances instead of a controlling
26 ordinance and a resolution in support. This process has been setup to facilitate both the internal
27 needs as well as the needs of the applicant to demonstrate support to the state.
28
29 Staff also created an application form to facilitate information submittal to help the applicant
30 work through the process and help staff to facilitate a quick review. Planning and Legal
31 departments have reviewed and approved the ordinances. Staff has provided a public notice and
32 held a public meeting to discuss the proposed MSD. The meeting was held on March 25th at
33 Central Fire Station and there were no attendees.
34
35 The ordinance provides formal definitions for the terms that are used in MSD cases. It prohibits
36 the use of designated ground water and provides a penalty for non compliance. It formalizes the
37 application process itself including the information needed by staff to perform the review and
3 8 make recommendations to Council. It also establishes and explains the application process for
39 City Council approval. It formalizes the condition of the public notice that will be paid for by
40 the applicant. It sets a fee so that the municipal review and notification costs are paid by the
41 applicant.
42 The proposal also specifies that any right of way suspected of contamination from the site must
43 be included in the MSD. The city, at that point, does not become responsible for the liability of
44 the contamination. The ordinance requires the applicant to hold a public meeting and explains
45 the requirements that are necessary for this meeting. It describes the public hearing process and
46 it allows staff or council to request additional safety requirements. It provides a penalty for
Minutes of the Public Utilities Board meeting
April 14, 2008
3 of 5
1 noncompliance and it also establishes a formal process and requirements for deed restrictions
2 and disclosure documents through the TCEQ that has to be filed at the city. It also establishes
3 restrictions on reapplication.
4
5 Staff has set a proposed $5,000 application fee, which must be approved by Council but is well
6 within the range of other MSD fees in the DFw metroplex. It covers staff review, public notice
7 requirements, and printing and mailing costs associated with notification. Upon positive
8 recommendation by the PUB, staff intends to present this information to the City Council.
9
10 Staff recommends amendment of Section 26 of the Code Ordinances to incorporate this proposed
11 MSD's regulations as they stand.
12
13 Board Member Robinson asked if, under the MSD, water could be used for irrigation purposes.
14 Banks replied that it could not.
15
16 Board Member Smith asked if property at the southwest corner of IH-35 and U.S. 380 under
17 discussion by several months ago is an area where an MSD will apply. Banks replied that it was
18 and that property was granted a MSD through Council by resolution. That was the first one and
19 during that process there was a glaring recognition of the need to have something like this for the
20 future. Staff was directed by Council to begin the process of putting together a full blown 21 ordinance that would more amenable to future MSD's.
22
23 Board Member Grubbs asked if the city was aware of where all of the contaminated sites and
24 aquifers were located. Banks replied it was known at what depths one is likely to encounter
25 water, but it is unlikely that the city is aware of all contaminated sites. The state does maintain a
26 data base so some of the larger and recognized contaminated sites are on that data base.
27
28 Grubbs asked about areas currently out of the City's control that are developed and later come
29 under the City's control, how that will affect the City. Banks replied an application must be
30 made through the County or the City.
31
32 George Campbell, City Manager, asked Banks about Council's discussion to set up a mitigation
33 fund. Banks replied it was discussed, and was referred back to the Committee on the
34 Environment (COE). On March 4, 2008, in a closed session with Legal, staff was instructed to
35 do more research and bring back to the COE. That issue is pending.
36
37 Board Member Smith asked where the $5,000 in the chart of accounts would be applied. Banks
3 8 replied it would applied to where the expense occurs to various reviewing departments based on
3 9 the amount of hours expended.
40
41 Board Member Robinson moved to approve Option 1, the two-tiered ordinance, with a
42 second from Board Member Gallivan. The motion was approved by a 4-0 vote.
43
44 13) Receive a report, have a discussion and provide direction on new and expanded residential
45 and commercial refuse collection services.
46
Minutes of the Public Utilities Board meeting
April 14, 2008
4of5
1 Due to the absence of three Board Members, this item was pulled and rescheduled to the
2 April 28th meeting.
3
4 14) ACM Update:
5 a. Monthly Financial Reports for Water, Wastewater and Solid Waste Utilities
6
7 Board Member Gallivan asked about the Solid Waste numbers that appeared to be a lot higher
8 than what was expected year-to-date. Vance Kemler replied that observation was correct, that
9 there were several capital expenditure items earlier this year. Also, operating dollars for
10 construction were used early in the year as opposed to spreading them out over the year.
11 Seasonal revenues will go up beginning in the spring when construction picks up.
12
13 b. Purchasing Procedures for Warehouse Stock Item
14
15 Martin stated that staff has experienced difficulty with vendor(s) maintaining a bid for the length
16 of time necessary to move through the approval process, particularly on warehouse stock items.
17 Staff is recommending, and has had informal conversations with the Agenda Committee and they
18 are in agreement, that on those items that experience timing issues with the vendor(s)
19 maintaining the bid, to take those items directly to the City Council and to follow up with the
20 Board at the next available meeting on the vendor(s) and those items purchased. 21
22 Board Member Robinson stated there certainly needs to be a solution as the Board members have
23 seen how quickly prices can change. He has looked at the timeframe, and the process cannot
24 happen any faster than it does.
25 Martin reiterated that these would be day to day items that are kept in the warehouse and are
26 used on a regular basis.
27 Board Member Robinson stated that it would also be something that would be looked at during
28 the budget process. Martin agreed.
29
30 Board Member Gallivan stated that he agreed and that the Board had been looking for a way to
31 expedite the process. It sounds like a good solution.
32
33 15) New Business -This item provides an opportunity for Public Utilities Board members to
34 suggest items for future agendas or to request information from the Assistant City Manager
3 5 for future meetings.
36
37 Martin reminded the Board that the meetings in May, due to the Memorial Day holiday, have
3 8 been rescheduled to the first and third Monday.
39
40 16) Official Action, if necessary, on Closed Meeting item(s) under §§551.071-551.088 of the
41 Texas Government Code, as amended.
42
43 There was no continuation of a closed meeting item.
44
45 The meeting was adj ourned by consensus at 10:15 a.m.
46
Minutes of the Public Utilities Board meeting
April 14, 2008
5 of 5
s ~
Chaldean Newell, Cha~per on ~ ~ ~ , ~ 5..
1 2 Howard Martin, ACM Utilities
3
4
5 Ann Forsythe, Coordinator Boards and Committees
6
CITY OF DENTON CITY COUNCIL MINUTES
June 2, 2008
After determining that a quorum was present, the City Council convened in a Special Called
Work Session on Monday, June 2, 2008 at 11:30 a.m. in the Council Work Session Room.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Moreno, Thomson, and Watts.
ABSENT : None
1. The Council received a report, held a discussion and gave staff direction regarding the
Texas Municipal Retirement System (TMRS).
Brian Langley, Director of Finance, presented information on the TMRS System which included
TMRS basics, dispelling TMRS funding "myths/rumors", TMRS changes and associated funding
impacts, options for addressing funding issues, and staff recommendation and next steps.
TMRS Basics -TMRS was a hybrid pension plan with some defined benefit and defined
contribution plan characteristics. Over 800 cities in Texas were members. The system was as a
whole 82% funded under current actuarial methods with net assets of $13.5 billion and prior to
2007 was invested 100% in bonds.
Denton TMRS plan -The Denton employee deposit rate was 7% of compensation. The
matching ratio was 2:1 (City to employee). There were 308 retirees in the Denton plan with
1,331 members. The average age of contributing members was 42.8 years and average length of
service for members was 12.2 years.
TMRS Myths and Rumors -TMRS was not "going broke". The System was recommending
changes to ensure that member benefits continued to be soundly funded over the long term.
TMRS was not suffering from a "shortfall". All benefits earned in TMRS were secure with
future benefits needing to be funded with an appropriate actuarial method. Changes in benefits
were a local decision and were not mandated by the State.
Langley noted background information on the city's contribution rate. In early 2007, the TMRS
Executive Director began considering a number of issues to explain the increasing unfunded
accrued actuarial liability (UAAL) which included investment allocation, actuarial method used,
amortization period of UAAL, and impact of Updated Service Credits (USC) and Cost of Living
Adjustments (COLA). After reviewing these issues, several important changes were made on
how TMRS calculated required city contributions.
Investment Allocation -TMRS had historically been 100% invested in bonds. The lower interest
rate environment necessitated higher contributions or better returns in the future. In 2008 TMRS
began diversifying into equities with a goal of a 12% equity portfolio by year end and an
ultimate goal of approximately 60% equities. A gradual investment strategy would minimize the
risk of short term market downturns and market fluctuations.
Actuarial Method Used -TMRS previously used the Unit Credit actuarial cost method which did
not recognize any future benefit cost increases, backloaded costs and increased the UAAL and
contribution rate. The new projected Unit Credit actuarial cost method would alleviate these
City of Denton City Council Minutes
June 2, 2008
Page 2
issues as it captured costs associated with annually repeating USC and COLAs. The new method
would add significant cost to the contribution rate for cities.
Amortization Period of UAAL -Historically, TMRS had used a 25 year "rolling" amortization
period that reset the amortization period each year. The UAAL was never fully eliminated with
this approach. In 2009, cities will use a 25 year "closed" amortization period that would provide
level contributions over a fixed period of time and reduce UAAL.
Impact of USC and COLAs - The COLA was designed to maintain retirement income at a
reasonable level of 70% of the Consumer Price Index. The USC was designed to adjust
retirement income to correspond with the most recent pay rates. COLAs and USCs had added
approximately $2 million per year to the City of Denton's UAAL.
Fundin Impact -The current TMRS rate for Denton was 13.28%. The full rate for 2009 was
18.06% (using a 30 year closed amortization period). A 25 year period could be used if
requested by the City. This would be effective as of January 1, 2009. If phased in over 8 years,
the rate for 2009 would be 14.06% and would require additional CAFR disclosures. The full rate
in 2016 would be higher than 18.06% due to deferral of UAAL amortization. The increase in the
2016 full rate might be mitigated by growth in payroll and workforce. The estimated impact of
growth was 1 % for 10 year period. UAAL would increase the cost from $39 million to
approximately $68 million. The funding ratio would be approximately 62.8% with the current ratio of 73 % and should improve over the amortization period.
General Fund budget impact -The financial impact for a full rate increase was $2.4 million for
the entire City in fiscal year 2008-09. That full rate was implemented in the Utility budget in
case the Council decided to pay the full rate.
Contributions Rate Limits -The statutory requirement limited the City of Denton contribution
rate to 13.5%. If Council decided to pay the higher contribution rate, it would be required to
pass an ordinance to increase the contribution rate with either a 15.5% maximum rate which
would require another ordinance with the next few years according to the phase-in plan or an
ordinance with no maximum rate. The ordinance would have to be passed prior to January 1,
2009.
Options -Pay the full contribution rate in 2009; phase in the contribution rate over as many as 8
years, provide aone-time payment to TMRS to reduce recurring contributions; or change the
benefit structure to reduce the contribution rate.
Staff Recommendation/Next Steps -Maintain the existing benefits structure for retirees and
employees. Implement the new TMRS phase in rate over 8 years - 14.06% beginning January 1,
2009 with the cost possibly being mitigated by growth of community and staff. Pass an
ordinance to remove the statutory contribution limit of 13.5% with a no maximum ordinance,
reassess the actuarial data each year, modify the funding approach if the situation dictated, and
begin meeting with employees to discuss TMRS issues and funding strategy.
Issues discussed by Council included how the 13.5% contribution limit first got started, the
percentage of employee's salaries being used for TMRS/health benefits, how community growth
would help with the cost for TMRS, and the cost associated with an extension of the rate.
City of Denton City Council Minutes
June 2, 2008
Page 3
Council consensus was to proceed with the staff recommendations and the phase in option with
the understanding that the period could be shortened if needed.
With no further business, the meeting was adjourned at 12:40 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
June 3, 2008
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, June 3, 2008 at 4:00 p.m. in the Council Work Session Room.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Moreno, Thomson, and Watts.
ABSENT : None
1. Staff responded to Council requests for clarification of agenda items listed on the agenda
for June 3, 2008.
Council Member Watts requested an amendment to the April 15th minutes to reflect the exchange
between Vance Kemler and himself including the questions and answers.
Deputy Mayor Pro Tem Mulroy requested an amendment to the April 15th minutes to reflect the
clean audit the City received from the outside auditor, the excellent job staff had done and the
fact that the HUD items also produced a clean audit.
City Manager Campbell stated that the public hearing for Item 4E should be opened and then
continued until the June 17th meeting.
City Attorney Snyder stated that Consent Agenda Item 3A needed to be pulled for separate
consideration as two council members had a potential conflict of interest. A suggested motion would be to approve the Action Plan with the exception of the two noted allocations
followed by
Deputy Mayor Pro Tem Mulroy and Council Member Watts leaving the meeting for the Council
to vote on the entire funding package.
2. Council received a report, held a discussion, and gave staff direction on the proposed
Hunter Ranch/Inspiration Master Planned Community for approximately 3,331 acres of land,
generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard.
(MPC07-0001, Hunter Ranch/Inspiration)
Mark Cunningham, Director of Planning and Development, stated that this proposed
development included a mix of residential, retail, commercial and open space/recreational uses.
He reviewed the original zoning map which showed the property where it abutted Robson
Ranch. The residents of Robson Ranch had several major issues with the proposed development
which included traffic on Robson Ranch Road, lack of a buffer between Robson Ranch and the
proposed single family development within Hunter Ranch/Inspiration, the location of a proposed
elementary school and private park adjacent to Robson Ranch, and the location of the multi-
family zoning along Robson Ranch Road. The applicant met several times with the community
and currently was proposing that no schools or parks would be located adjacent to the Robson
Ranch property, the private park would be relocated so as not to be adjacent to Robson Ranch
property, some of the proposed multifamily development along Robson Ranch Road would be
relocated, and the single family residential lots within Hunter Ranch would be the same size or
larger than those adjacent lots in Robson Ranch.
Cunningham reviewed the development plan showing the environmentally sensitive areas and
the open spaces. He also provided a comparison of development thresholds. The maximum
number of single-family homes was reduced from 12,089 to 11,914. The maximum number of
City of Denton City Council Minutes
June 3, 2008
Page 2
multi-family homes was increased from 3,253 to 3,408 with a ratio of single family to multi-
family units of 77.8% to 22.2% which was within the target range set by Council.
Mayor McNeill asked ifmulti-family was included in the Robson Ranch plans.
Cunningham stated as of the last approved plans, there was still multi-family planned along the
front of property.
Council discussion -
• Once a master planned community was approved, there was a concern that the next person to
purchase the property might do something different with the property. Cunningham stated
that the usage went with the land and if a new owner wanted to change that, he would have to
come to Council to make any changes.
• Provide the Council with the linear footage of Hunter Ranch that abuts the developed portion
of Robson Ranch plus the number of homes in that area.
• Number of gas wells in the area. Cunningham stated that there were approximately 18 gas
wells in the area plus wells on Robson Ranch.
3. The Council received a report, held a discussion and gave staff direction regarding the
creation of a Tax Increment Financing (TIF) Reinvestment Zone for Denton downtown
redevelopment.
Linda Ratliff, Director of Economic Development, stated that Larry Cline of Schrader and Cline,
economic development consultants, would be presenting the details of the downtown TIF
proposal. They had several meetings with the Downtown Task Force. Staff would like to have
the proposal completed by the end of the calendar year to use 2008 for funding. A Notice of
Intent would have to be sent to the other taxing entities, a public hearing would have to be held
in August and a TIF Board would be formed with one member from Denton County and two
members from Council. The Board would present a financial plan and project plan on an annual
basis. If the TIF were approved it would also have to go to Commissioners Court.
Larry Cline, Schroeder and Cline, stated that this proposal was not a project specific TIF and
made assumptions of what might happen over a period of time.
Council Member Watts asked if the goal was to set the TIF in 2008, what would the tax value be
based on.
Cline replied that it would freeze as of 2008 and as it went through time, value increases would
be received from development of new projects and general increases in values. The tax value
from the general increase would go into the fund.
Deputy Mayor Pro Tem Mulroy stated that any additional increase in tax revenue values above
the base year would be allocated to the TIF and not general government.
Cline replied just the area within the TIF boundaries. It would only capture a portion of the real
property taxes; not tapping to personal property and not 100% of new taxes after five years.
City of Denton City Council Minutes
June 3, 2008
Page 3
Council Member Watts questioned why the boundary of the District went across Carroll Blvd.
Ratliff stated that originally it stopped on the east side of Carroll but the EDP Board suggested
going to other side as improvements might be needed there also.
Cline reviewed general questions and answers regarding TIFs. Assumptions associated with the
TIF included (1) the TIF funding income would be derived from a general increase in valuation,
completion of catalyst projects identified by the 2005 Leland/RTKL study and other smaller
development/redevelopment projects; (2) a 30 year TIF life; and (3) taxing jurisdiction real
property tax rate participation of city/county years 1-5 at 100%/90%, years 6-10 at 90%/-80%
and years 11-30 at 80%/70%. Assumptions for real property value increase included (1) general
increase of the 2007 taxable value of $212, (2) annual value increase over last 6 years of 8.7%
per year, over the last five years of 7.2% per year and (3) to be conservative for this analysis only
2.5% per year was used.
Catalyst projects assumed to be completed were the Transportation Oriented development, Wells
Fargo, Northwest Downtown, mixed-use on Carroll, and residential on Oak/Pecan.
Other development assumptions were that new development/redevelopment during 2003- 2006
in the downtown area would average about $1.7 million/year. Public infrastructure
improvements and catalyst projects would stimulate a higher level of development/ redevelopment projects in the TIF area.
Based on all of these assumptions, TIF funds of $22 million would be generated by general
projects, $12 million would be generated by catalyst projects and $8 million would be general
with other projects.
Council Member Moreno asked for the rational for determining the boundaries and to not include
residential areas.
Cline replied that the TIF could not have more that 10% residential of the total land when it was
created.
Council Member Moreno and Deputy Mayor Pro Tem Mulroy asked that the amount of
residential property included in proposed zone be checked.
Deputy Mayor Pro Tem Mulroy stated that more than half of the generated revenue would be
from circumstances in the entire city but only the target area would receive the benefits.
Council Member Watts stated that the proposed resolution on this agenda was only for putting
the proposal together.
Mayor Pro Tem Kamp stated that Council started talking about this 5 years ago so it was not
being done overnight.
Deputy Mayor Pro Tem Mulroy stated that his point was to be mindful of an obligation to the
rest of the community and provide an allocation of dollars in an equitable fashion.
City of Denton City Council Minutes
June 3, 2008
Page 4
Cline suggested spending the money on parking/transportation, streetscape projects, support for
downtown projects and utility improvements.
4. The Council received a report and held a discussion on the 2008 Water and Wastewater
Impact Fee Study.
Jim Coulter, Director of Water Utilities, stated that impact fees provided the means for
recovering the cost of adding capacity to the water/wastewater system to provide service to any
new growth that created a new demand/impact on the water/wastewater system. The Public
Utilities Board had reviewed the impact fee study results and potential impact fee levels and
recommended the use of two water impact fee zones versus a single zone and specific impact fee
amounts at levels between the 50% credit amount and the maximum allowable amount. Those
zones were Water Zone 1 at $3,400, Water Zone 2 at $4,000, Wastewater Zone 1 at $1,700 and
Wastewater Zone 2 at $1,760. It also suggested the creation of another zone in the southwestern
portion of the community, south of Hickory Creek.
Council discussed the historical data on how the fees measured to projections, the allocation of
the debt from the water utility to impact fees, back testing to determine if the fees were equitable,
and possible factors for incentives for individual meters in multi-family to encourage
conservation.
Coulter stated that a public hearing was scheduled for June 17th on the impact fees. Staff would research the look back information and provide it to Council.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:57 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1. Closed Meeting:
A. Consultation with Attorney -Under Texas Government Code Section 551.071.
1. Discussed, deliberated, and received information from Staff, and provided
Staff with direction pertaining to updated issues regarding the Lease
Agreement related to the Regional Recyclables Processing Agreement,
both agreements being heretofore approved by the Denton City Council on
October 2, 2007; which Lease Agreement is for a six acre tract of land
situated within the City of Denton Landfill. Consultation with the City's
attorneys regarding legal issues and advice associated with the updated
issues respecting the two above-referenced agreements, involving a public
discussion of these legal matters, would conflict with the duty of the
city's attorneys to the City Council under the Texas Rules of Disciplinary
Conduct of the State Bar of Texas.
B. Deliberations regarding real property -Under Texas Government Code Section
551.072, Consultation with Attorney -Under Texas Government Code Section
551.071.
City of Denton City Council Minutes
June 3, 2008
Page 5
1. Deliberated the purchase and value of real property interests for the fee
acquisition of approximately 2 acres in the E. Morris Survey, Abstract
Number 868, being generally situated along the east side of Woodrow
Lane, north of Morse Street, all or part of which may be acquired for a
public purpose, and receive legal advice from the City Attorney or his
staff concerning legal issues regarding the acquisition of such real
property interests.
Regular Meeting of the City of Denton City Council on Tuesday, June 3, 2008 at 6:30 p.m. in the
Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Mayor McNeill presented a proclamation for U. S. Army Day.
B. May Yard-of the-Month Awards
Mayor McNeill presented the May Yard-of the Month Awards.
3. CONSENT AGENDA
Items A and N were pulled for separate consideration.
Council Member Watts requested an amendment to the April 15th meeting minutes to reflect the
conversation he had with Vance Kemler relative to the cost of the gas collection process at the
landfill.
Deputy Mayor Pro Tem Mulroy requested an amendment to the April 15th meeting minutes to
reflect the compliments from the external auditor on the city's audit, that all four sections were
clean, that staff had done an excellent j ob with a special recognition to Community Development and Barbara Ross for their clean report.
Mayor McNeill reviewed the items to be considered on the Consent Agenda
Council Member Watts also requested that the April 15th meeting minutes be changed relative to
the cell phone ban in school districts to say "development" instead of "approval".
Kamp motioned, Mulroy seconded to approve the Consent Agenda and minutes as amended with
the exception of Items A and N. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye",
Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried
unanimous y.
City of Denton City Council Minutes
June 3, 2008
Page 6
Item 3A was considered.
Kamp motioned, Mulroy seconded to approve the Action Plan with the exception of allocations
for CASA and AIDS Services of North Texas. On roll vote, Heggins "aye", Kamp "aye",
Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion
carried unanimously.
Deputy Mayor Pro Tem Mulroy and Council Member Watts left the meeting with a conflict of
interest.
Heggins motioned, Thomson seconded to approve the 2008 Action Plan as presented. On roll
vote, Heggins "aye", Kamp "aye", Moreno "aye", Thomson "aye", and Mayor McNeill "aye". Motion carried unanimously.
A. R2008-019 - A resolution by the City of Denton, Texas, authorizing the City
Manager to sign and submit to the Department of Housing and Urban
Development a 2008 Action Plan for Housing and Community Development with
appropriate certifications, as authorized and required by the Housing and
Community Development Act of 1974, as amended and the National Affordable
Housing Act of 1990, as amended; and providing for an effective date.
B. 2008-105 - An ordinance of the City of Denton, Texas, approving and authorizing
the Denton Air Fair, Inc. to hold an air fair at the Denton Municipal Airport on
June 14, 2008, authorizing the concession to Metzler's Food and Beverage, Inc. to
sell alcoholic beverages at places and locations during the 2008 Air Fair events,
upon certain conditions; and providing an effective date. The Airport Advisory
Board recommended approval (5-0).
C. 2008-106 - An ordinance approving the abandonment of the interest of the City of
Denton, Texas in certain Brazos Electric Power Cooperative, Inc. easements
recorded in Volume 437, Page 613; Volume 354, Page 396; which were assigned
to the City of Denton, Texas by instrument recorded in Volume 1106, Page 78;
Volume 449, Page 439; and by Document Number 2008-31930 of the Denton
County Property Records, Denton County, Texas; and providing an effective date.
The Public Utilities Board recommended approval (5-0).
D. 2008-107 - An ordinance of the City of Denton, Texas, approving the 2009
Budget of the Denton Central Appraisal District, and providing an effective date.
E. 2008-108 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Denton Air Fair, Inc. for supplemental funding for the Denton Air Fair; providing for the expenditure of funds therefor; and
providing for an effective date. ($1,550)
F. 2008-109 - An ordinance of the City of Denton authorizing an agreement between
the city of Denton, Texas and the Juneteenth Committee for supplemental
funding for Juneteenth; providing for the expenditure of funds therefor; and
providing for an effective date. ($1,950)
City of Denton City Council Minutes
June 3, 2008
Page 7
G. R2008-020 - A resolution of the City Council of the City of Denton, Texas,
authorizing issuance of a notice of intent that the City of Denton intends to
establish a Tax Increment Financing Reinvestment Zone, pursuant to the Tax
Increment Financing Act, Texas Tax Code Ann., Chapter 311, for the City of Denton, Texas; providing an effective date. The Economic Development
Partnership Board recommended approval (6-0).
H. Approved a request for an exception to the noise ordinance for amplified sound
on a Sunday for the purpose of the Apollo Time and the Music Time events.
Apollo Time is scheduled for Sunday, July 6, 2008, from 5:00 p.m. until 10:00
p.m. and Sunday, July 27, 2008, from 5:00 p.m. until 11:00 p.m. The Music Time
events are to be held on Sunday, July 13, 2008, and July 20, 2008, from 5:00 p.m.
to 10:00 p.m. The events will be held in Fred Moore Park. Mr. Harold Jackson,
event organizer, is specifically asking for an exception to the noise ordinance to
allow amplified sound on a Sunday.
I. 2008-110 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Houston-Galveston Area
Council (H-GAC) for a Dual Drum Vibratory Roller and Buy Board Cooperative
Purchasing Network for the acquisition of a Motor Grader and Pot Hole Patching Truck for the city of Denton Street Department by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 4046-
Interlocal Agreement for the purchase of Heavy Equipment for Street Department
awarded to multiple vendors in the amount of $201,825.73).
J. 2008-111 - An ordinance approving the expenditure of funds for the purchase of
Voice Over Internet Protocol (VOIP) phone system equipment and services as
approved by the State of Texas Building and Procurement Commission
Department of Information Resources (DIR) under #DIR-SDD-239; providing for
the expenditure of funds therefor; and providing an effective date (File 4045-
Purchase of Cisco Voice Over Internet Protocol awarded to INX Inc. in the
amount of $153,737). The Public Utilities Board recommended approval (4-0).
K. 2008-112 - An ordinance of the City of Denton, Texas accepting competitive
sealed proposals and awarding a best value three year contract for the installation
of Underground Cable for Denton Municipal Electric; authorizing the expenditure
of funds therefor; and providing an effective date (Bid 3973-Three Year Contract
for Underground Electric Service Installation awarded to the lowest responsible
bidder meeting specification, TESSCO Utility Services, Inc., in the estimated
three year amount of $2,141,93 8). The Public Utilities Board recommended
approval (6-0).
L. 2008-113 - An ordinance of the City of Denton, Texas, amending section 2-106 of
the Code of Ordinances of the City of Denton, Texas regarding procedures for the
sale of personal property of the City; providing a severability clause and an
effective date (File 4054-Amended Ordinance for the Sale of Personal Property
of the City of Denton).
City of Denton City Council Minutes
June 3, 2008
Page 8
M. 2008-114 - An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of software and services
in the deployment of a Traffic Signal Management System installation for the
City of Denton Traffic Division, which is available from only one source in
accordance with the pertinent provisions of Chapter 252 of the Texas Local
Government Code exempting such purchases from the requirements of
competitive bidding; and providing an effective date (File 4053-to Paradigm
Traffic Systems in the amount of $150,400).
N. This item was not considered
0. Approved the minutes of:
April 15, 2008
May 5, 2008
P. Approved the appointment by the City Manager of a new member to the Civil
Service Commission.
Q. 2008-115 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and Southridge Recreation Club which serves a public
purpose in facilitating recreational activities; providing for the expenditure of
funds therefor; and providing for an effective date. ($900)
R. R2008-021 - A resolution of the City Council of the City of Denton, Texas,
staying the enforcement of the $75.00 access fee imposed by Ordinance No.
2007-211 (The Solid Waste Rate Ordinance), Schedule SWC (Commercial Solid
Waste Collection Services), Section 1, fourth subparagraph; and providing an
effective date.
S. 2008-116 - An ordinance amending Ordinance No. 2008-020 to indicate the
election officials for Districts 1, 2, 3, and 4; providing a savings clause; and
providing an effective date.
T. R2008-022 - A resolution nominating a member to the Board of Managers of the
Denco Area 9-1-1 District; and declaring an effective date.
Deputy Mayor Pro Tem Mulroy and Council Member Watts returned to the meeting.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
regarding the approval of a Specific Use Permit to allow a drive through facility in conjunction
with a convenience store on approximately 0.611 acres of land, generally located on the
southwest corner of Locust Street and Elm Street and is legally described as a tract of land in the
BBB & C Railroad Company Survey, Abstract No. 186, in the City of Denton, Denton County,
Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof,
severability and an effective date. The property was located within a Neighborhood Residential
City of Denton City Council Minutes
June 3, 2008
Page 9
Mixed Use (NRMU) zoning district. The Planning and Zoning Commission recommended
approval (7-0) with conditions. (507-0017, Howdy Doody Food store)
Mark Cunningham, Director of Planning and Development, stated that a convenience store
currently existed on the subject site. The driveway for the proposed drive through facility was
constructed in late 2007 without a building permit. The owner was now requesting a specific use permit to allow the driveway to be used for customers to purchase goods from their
cars. The
owner will also be required to provide engineering documentation concerning the driveway
construction. If the construction did not meet City standards, it would be rebuilt to current
standards. The Planning and Zoning Commission recommended approval with the conditions
that the hours of operation of the drive through facility be limited to 6:00 p.m. -11:00 p.m. on
Sunday through Thursday and from 6:00 p.m. to 12:00 a.m. on Friday and Saturday evenings and
the applicant provide a 6 foot tall wooden fence along the southern boundary of the property to
replace the chain link fence currently separating the convenience store from the single family
structure to the south.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
N0.2008-117
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A DRIVE THROUGH FACILITY IN CONJUNCTION
WITH A CONVENIENCE STORE, ON APPROXIMATELY 0.611 ACRES OF LAND,
GENERALLY LOCATED ON THE SOUTHWEST CORNER OF LOCUST STREET
AND ELM STREET, AND LEGALLY DESCRIBED AS A TRACT OF LAND IN THE
BBB & C RAILROAD COMPANY SURVEY, ABSTRACT N0. 186, IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (507-0017)
Mulroy motioned, Watts seconded to adopt the ordinance as presented with conditions. On roll
vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye",
and Mayor McNeill "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
regarding the approval of a Specific Use Permit to allow a drive through facility in conjunction
with a pharmacy on approximately 1.722 acres of land, generally located on the west side of
Teasley Lane approximately 1,200 feet north of Hickory Creek Road and is legally described as
Lot 8, Block L of Lexington Park, Phase 2 in the City of Denton, Denton County, Texas,
providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability
and an effective date. The property was located within a Neighborhood Residential Mixed Use
City of Denton City Council Minutes
June 3, 2008
Page 10
(NRMU) zoning district. The Planning and Zoning Commission recommended approval (7-0).
(508-0001, Lexington 1~ledical Park)
Mark Cunningham, Director of Planning and Development, state that the proposed specific use
permit would allow a drive through facility in conj unction with a pharmacy in the NRNU zoning
district. The Planning and Zoning Commission recommended approval.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 2008-118
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A DRIVE THROUGH FACILITY IN CONJUNCTION
WITH A PHARMACY, ON APPROXIMATELY 1.722 ACRES OF LAND,
GENERALLY LOCATED ON THE WEST SIDE OF TEASLEY LANE, APPROXIMATELY 1,200 FEET NORTH OF HICKORY CREEK ROAD, AND
LEGALLY DESCRIBED AS LOT 8, BLOCK 1 OF THE LEXINGTON PARK, PHASE
2, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (08-0001)
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye".
Motion carried unanimously.
C. The Council continued a public hearing and considered adoption of an ordinance
of the City of Denton, Texas, providing for an amendment to the comprehensive plan for the City
of Denton, Texas, for approximately 33 acres of land, located north of University Drive and west
of Masch Branch Road, and legally described as Lot 2 of the Marriott Gardens Addition, in the
City of Denton, Denton County, Texas, from an Employment Centers future land use designation
to an Industrial Center future land use designation; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and
Zoning Commission recommended approval (7-0). (CA07-0001, Marriott Gardens Addition)
Deputy Mayor Pro Tem Mulroy left the meeting with a potential conflict of interest.
Mark Cunningham, Director of Planning and Development, stated that on May 6, 2008 Council
continued this comprehensive plan amendment and associated zoning change request to the June
3, 2008 public hearing. Members of the Council requested more information in order to better
understand the impacts this proposal would have on the adjacent properties and the associated
impacts. He reviewed the location of the property and the current/future land use. The requested
zoning change was from an Employment Center future land use designation to an Industrial
City of Denton City Council Minutes
June 3, 2008
Page 11
Center future land use designation. Staff was recommending denial of the request. One major
reason was the fact that in staff s opinion there was not an adequate pubic facility for light/heavy
industrial uses to accompany the request.
During the May 6th meeting, Council presented staff with several clarifying questions. The first
was to clarify when a nonconforming use became terminated. According to the Denton
Development Code, a nonconforming use became terminated if the nonconforming use was
discontinued or remained vacant for 6 months or more and no attempt to market the property was
observed. The second question was what was the current vacancy rate. As of May 19, 2008 the
applicant stated that there was currently 41,560 square feet of vacant leasable space out of a total
298,285 square feet on site. The third question was how many certificates of occupancy had
been applied for since annexation of the property. Six certificates of occupancy had been applied
for and all six were issued since the annexation of the property. The status of sewer lift station
and what affect approval of the request would have on the lift station was the fourth question
asked by Council. Currently the sewer lift station was operating within the TCEQ required
guidelines. However, when the property was fully leased and combined with more intense uses,
it was anticipated that wastewater flows to the lift station would likely exceed its operating
capacity. A fifth question was whether the Council could consider rezoning the property to EC-
I. After an analysis by staff, it was concluded that the uses permitted in the IC-G was not
cumulative to the uses permitted in the EC-I. Therefore, Council could not consider rezoning the
property to EC-I at this time. However, it was staff's position that this property be rezoned to EC-I at a later time. Staff was recommending denial of the request as Masch
Branch Road was
inadequate to support heavy industrial traffic, and granting a comprehensive plan amendment
would create an isolated land use designation and potential zoning district unrelated to adjacent
and nearby properties. The Planning and Zoning Commission recommended approval 7-0.
The second public hearing on this property was an accompanying rezoning request. The
property was voluntarily annexed into the city as a result of an agreement between the property
owner and the city. The agreement stipulated that if the uses within the property were expanded
beyond the boundaries that existed at the time of the agreement, the City would have the right to
voluntarily annex the property. The City began the annexation proceedings when it was
determined that the property owner violated the agreement. According to the applicant, the
purpose of the rezoning request was to rezone the property to be consistent with the existing
uses. The current zoning of RD-5 did not permit industrial and office uses, which caused the
existing uses to become legal nonconforming uses. The applicant was requesting an IC-G
zoning district designation to allow light manufacturing by right and heavy manufacturing with a
specific use permit. Staff was recommending denial as the proposal did not conform to the
future land use designation of employment centers, Masch Branch Road was inadequate to
support the anticipated traffic generation typically associated with the requested future land
use/zoning district as a collector road was required and would create an isolated district unrelated
to adjacent and nearby districts. The Planning and Zoning Commission recommended approval.
Council Member Watts questioned the square footage at the time of the annexation agreement.
Cunningham stated he was not sure but that it was probably noted in the agreement so as to be
able to determine if any expansion occurred. He had been told that a portion of the expansion
was built in the flood plain. The applicant submitted an application to take that portion out of the
flood plain but at this time, there had been no feedback from FEMA.
City of Denton City Council Minutes
June 3, 2008
Page 12
Council Member Moreno stated that Marsch Branch Road prior to 2006 was in the county and by
taking it into the city limits, now became a city responsibility. When the area was annexed were
there any plans to improve the infrastructure?
Cunningham replied not that he was aware of.
Council Member Thomson asked about the implication of having built in the flood plain if
FEMA did not change the flood plain designation. Could the city not issue certificates of
occupancy?
Cunningham replied that the building was already occupied. Staff would have to research if they
had the authority to issue a violation. When the building was built, it was still in the county and
had the required permit from the county.
Council Member Thomson asked about the situation of the lift station.
Cunningham stated that there was a time when it was running over capacity as two users were
not recycling water. If approved to a higher intensity of commercial development, there was a
possibility that the lift station would operate over capacity.
Council Member Thomason stated that if the zoning were IC-G, any heavy manufacturing would need a specific use permit.
Cunningham replied correct that any additional heavy manufacturing would need a specific use
permit. He also felt that a comprehensive plan amendment and zoning change would be
premature as the infrastructure was not in place for the type of zoning district requested.
Council Member Watts stated that if the property were rezoned, any new heavy industrial uses
would need a specific use permit. However, with the kind of uses there now and if the property
were rezoned, the heavy industrial uses would not have gone through the specific use permit
process.
Cunningham replied correct that all the heavy industrial uses there now were currently
noncon ormmg.
Mayor McNeill asked if no additional heavy manufacturing would be allowed if the zoning were
EC-I.
Cunningham replied that if the zoning were EC-I, of the 31 current uses, 24 would be
conforming and remaining 7 would be nonconforming as long as they continued to operate and
did not vacate.
Mayor McNeill asked if a new rental could then be heavy industrial.
Cunningham replied that it would depend on how long the property was vacant and how it was
marketed per the Code.
City of Denton City Council Minutes
June 3, 2008
Page 13
The Mayor opened the public hearings for Items C and D.
Patricia Adams, representing the property owners, spoke in favor of the request.
Council Member Watts asked about the criteria of heavy manufacturing in the Denton Code.
Adams replied that it was subject to staff interpretation and the definition of heavy uses.
Council Member Watts stated that a specific use permit was the city's control of heavy
manufacturing. Almost half of the uses on the property were already heavy manufacturing that
did not have to go through the specific use permit process.
Adams replied that the specific use permit process would be in place for any future heavy
manufacturing. Without the requested zoning, heavy manufacturing would be locked.
Mayor McNeill stated that part of the challenge if the use designation were not changed would
be the restriction to lease the property.
Adams replied correct that it would restrict expansion of heavy uses. There could be no more
heavy manufacturing or expansion of existing uses.
Mayor McNeill asked if the property were rezoned would a specific use permit be needed to
expand the building.
City Attorney Snyder stated that if even if the rezoning were approved, 40% would continue to
be nonconforming. The issue was that even if rezoned, the heavy uses would be still be
nonconforming. Under the definition, nonconforming uses could not be expanded without
rezoning.
Cunningham stated that a nonconforming use could be expanded or enlarged only with a Zoning
Board of Adjustment approval. The Code defined a procedure to expand nonconforming uses
an noncon orming structures.
Larry Reichhart, Spring Brook Planning Group, spoke in favor.
Council Member Watts asked that when the property was platted was it outside city regulations.
Reichhart replied that the property was in the City's extraterritorial jurisdiction and should have
been platted according to city regulations.
Council Member Heggins felt that the industrial zoning would allow for more usage of the
property.
Reichhart stated that light industrial was the same in the employment zoning category as in the
industrial zoning category. Heavy industrial was not allowed in the employment category.
Don Frazier,1740 Westminster Street, Denton, 76205, spoke in favor.
City of Denton City Council Minutes
June 3, 2008
Page 14
The Mayor closed public hearings.
Mayor McNeill asked if the facility north of this site was the County's facility and if heavy
equipment went up the road.
Cunningham replied correct that it was the County's maintenance facility. He responded to an
earlier Council question regarding the size of the buildings. At the time of the annexation, the
building size was approximately 116,060 square feet. Since then, the site had been expanded by
182,225 square feet and was now at 298,285 square feet.
Mayor McNeill stated that there was no additional space for new buildings.
Cunningham replied that the Code did allow for expansion through the Zoning Board of
Adjustment.
Council Member Watts stated that the expansion that prompted the annexation process was not a
small expansion that went beyond the original property. The covenants ran with the land and
were in total contradiction of the agreement. In his view this situation was not at the making of
the city, especially after reading the annexation agreement. One of his main concerns was that
all of this happened outside the scope of the city and additional development was 180,000 square
feet.
Mayor Pro Tem Kamp asked about the meeting requested between city staff and the applicant.
Ron Menguita, City Planner, stated that staff had met with the applicant to address the questions
asked by council. The applicant asked if staff could change their recommendation and staff
responded no. Basically the applicants stated their position and staff stated theirs.
Mayor Pro Tem Kamp stated that if the proposed changes were denied, heavy manufacturing
would still remain.
Menguita replied yes that it would be a legal nonconforming use.
Mayor McNeill stated that Item C, the comprehensive plan amendment, would be considered
first.
Watts motioned, Thomson seconded to deny the change in the comprehensive plan.
Council Member Moreno stated that the development had been in existence for a number of
years and in operation in violation of the agreement. What would be the message to the
applicant if this request was denied?
City Attorney Snyder stated that it would remain nonconforming and operate as nonconforming
Council Member Moreno questioned that the heavy manufacturing uses could not be expanded
or marketed.
City of Denton City Council Minutes
June 3, 2008
Page 15
City Attorney Snyder stated that they could expand though a process at the Zoning Board of
Adjustment.
On roll vote to deny the comprehensive plan amendment, Heggins "nay", Kamp "aye", Moreno
"nay", Thomson "aye", Watts "aye", and Mayor McNeill "nay". Motion failed on a 3-3 tie vote.
Heggins motioned, Moreno seconded to approve the comprehensive plan amendment. On roll
vote, Heggins "aye", Kamp "nay", Moreno "aye", Thomson "nay", Watts "nay", and Mayor
McNeill "aye". Motion failed with a 3-3 tie vote. The request was denied.
Mayor McNeill stated that as Item C failed, Item D would not be considered.
Deputy Mayor Pro Tem Mulroy returned to the meeting.
D. The Council was to continue a public hearing and consider adoption of an
ordinance of the City of Denton, Texas, providing for initial zoning to Industrial Center General
(IC-G) zoning district classification and use designation; comprising approximately 33 acres of
land located north of US 380 and west of Masch Branch Road, and legally described as Lot 2 of
the Marriott Gardens Addition, in the City of Denton, Denton County, Texas; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective
date. The Planning and Zoning Commission recommended approval (7-0). (Z07-0001, Marriott
Gardens Addition)
This item was not considered.
E. The Council held a public hearing and considered adoption of an ordinance of the
city of Denton, Texas, regarding a proposed special sign district within a Neighborhood
Residential mixed Use zoning district. The special sign district designation would allow for two
multi-tenant ground signs to serve the Hickory Creek Plaza shopping center with the exception
of three lots. The subject shopping center was located on the southeast corner of Teasley Lane
(F.M. 2181) and Hickory Creek Road in the City of Denton, Texas; providing for a penalty in the
maximum amount of $2,000.00 for violations thereof, severability and an effective date. The
Planning and Zoning Commission recommended approval (5-1). (SD08-0001, Hickory Creek
Plaza)
Council Member Heggins left the meeting.
The Mayor opened the public hearing.
Mulroy motioned, Kamp seconded to postpone consideration and continue the public hearing to
the June 17th city council meeting. On roll vote, Kamp "aye", Moreno "aye", Mulroy "aye",
Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously.
F. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1)
zoning district classification and use designation to a Downtown Commercial General (DC-G)
zoning district classification and use designation; the area for the zoning change encompasses
0.255 acres of land located at the northeast corner of Carroll Boulevard and Eagle Drive, and is
legally described as parcels 161 and 162 of the W. Loving Survey (Abstract 759), in the City of
City of Denton City Council Minutes
June 3, 2008
Page 16
Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof, severability and an effective date. The Planning and Zoning Commission
recommended approval (6-0). (Z08-0001, Access 1St Capital Bank)
Mayor Prom Tem Kamp left the meeting with conflict of interest.
Mark Cunningham, Director of Planning and Development, presented the staff report for both
Items F and G. He stated that Item F was a request for a zoning change from DG-1 to DC-G and
Item G was a request for a specific use permit for adrive-through. Staff was recommending
approval of both Items F and G as did the Planning and Zoning Commission.
Council Member Heggins returned to the meeting.
The Mayor opened the public hearings for Items F and G.
The following individuals spoke during the public hearings:
Larry Reichhart, representing the developer, spoke in favor.
Bob Clifton, 730 Wainwright, Denton, expressed concerns about the site.
Reichhart was allowed a five minute rebuttal. He stated that the traffic flow was adequate for the proposed usage and they were currently working on the drainage flow.
The Mayor closed the public hearing
The following ordinance was considered:
N0.2008-119
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO A DOWNTOWN
COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION; THE AREA FOR THE ZONING CHANGE ENCOMPASSES
0.255 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF CARROLL
BOULEVARD AND EAGLE DRIVE, AND IS LEGALLY DESCRIBED AS
PARCELS 161 AND 162 OF THE W. LOVING SURVEY (ABSTRACT 759), IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE.
Watts motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye",
Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion
carried unanimously.
G. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, approving a Specific Use Permit to allow a drive through associated with
a bank on approximately 3.185 acres of land, generally located at the northeast corner of Carroll
City of Denton City Council Minutes
June 3, 2008
Page 17
Boulevard and Eagle Drive, and is legally described as Lot 1, Block A of the Myrtle Street
Addition, and parcels 161, 162, 163, 164, 165, 166, 167,180, and 181 of the W. Loving Survey
(Abstract 759), in the City of Denton, Denton County, Texas; providing for a penalty in the
maximum amount of $2,000.00 for violations thereof, severability and an effective date. The
Planning and Zoning Commission recommended approval (7-0). (507-0019, Access 1St Capital
Bank)
The public hearing for this item was held in conjunction with Item F.
The following ordinance was considered:
N0.2008-120
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A DRIVE THROUGH ASSOCIATED WITH A BANK ON
APPROXIMATELY 3.185 ACRES OF LAND, GENERALLY LOCATED AT THE
NORTHEAST CORNER OF CARROLL BOULEVARD AND EAGLE DRIVE, AND
IS LEGALLY DESCRIBED AS LOT 1, BLOCK A OF THE MYRTLE STREET
ADDITION, AND PARCELS 161, 162, 163, 164, 165, 166, 167, 180, AND 181 OF
THE W. LOVING SURVEY (ABSTRACT 759), IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN
EFFECTIVE DATE.
Watts motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Moreno
"aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye". Motion carried
unanimous y.
Mayor Pro Tem Kamp returned to the meeting.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered nominations/appointments to the City's Boards and
Commissions.
There were no nominations/appointments at this meeting.
B. Citizen Reports
1. Council had a review of the procedures for addressing the City Council.
2. Council received citizen reports from the following:
A. Marc Moffitt regarding the Development Code and the single
family residence at 1525 Knight Street.
Mr. Moffitt discussed dealing with the Development Code and the development of a lot on
Knight Street. Staff had been very helpful in this situation. He had been incorrectly told to
City of Denton City Council Minutes
June 3, 2008
Page 18
apply for a variance and a specific use permit which when the error was discovered, he did not
receive all of his fees back. His issue with the Development Code was that he was required to
install a fire hydrant at his expense at $5,000. He felt (1) the City staff was great, (2) the Code
continued to be confusing even to staff members; (3) the Code did not allow staff to make
recommendations in situations where things were not right, and (4) questioned how much work
was left to be done on the Code.
Mayor McNeill indicated that there was a mandatory review of the Code every three months. He
asked Mr. Moffitt if he had gone to the Planning and Zoning Commission with his concerns.
Moffitt stated that he was waiting to go to the Construction Advisory and Appeals Boards. He
wanted to try and resolve the issue before he went that route.
B. Ross Melton, Jr. regarding constitutions and code enforcement and
awe site.
Mr. Melton was not present at the meeting.
C. Nell Yeldell regarding tree limbs in electrical and phone lines.
Ms. Yeldell was not present at the meeting.
C. New Business and Announcements
The following items of New Business were suggested by Council for future agendas plus
Counci announcements:
• Deputy Mayor Pro Tem Mulroy asked for afollow-up on Mr. Moffitt's citizen report. He
asked the City Manager to investigate the fees that were not fully refunded. He suggested
staff use this case to relook at the Code and work on possible changes with a report back to
Counci .
• Council Member Watts also commented on the Moffitt presentation stating that the problem
needed to be corrected relative to a single family home. A hydrant in this type of situation
would benefit an entire neighborhood rather than just one residence.
• Mayor McNeill commented on the presentation this afternoon at the MLK, Jr. Recreation
Center of the pictures /drawings of Dr. King and thanked Council Member Heggins and
Carolyn Phillips for their work.
• Council Member Heggins noted that the pictures for the Center had been donated by the
SEDNA group.
• Council Member Heggins requested an update on the red light situation at Morse Street as
noted by Ms. Phillips.
City of Denton City Council Minutes
June 3, 2008
Page 19
D. City Manager's Report
City Manager Campbell did not have a report for Council.
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 8:56 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
June 10, 2008
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a 2nd Tuesday Session on Tuesday, June 10, 2008 at 4:00 p.m. in the City Council
Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Moreno, Thomson, and Watts.
ABSENT : None
1. Council considered the following in Closed Meeting:
A. Consultation with Attorney -Under Texas Government Code Section 551.071.
1. Received, considered and held a discussion related to a briefing from
city's Attorneys, relating to claims, potential claims, and settlement
thereof for matters pertaining to JNC Partners Denton, LLC v. City of
Denton, including legal advice related to future annexation, zoning,
subdivision controls, plat applications, annexation plans, development
agreements, annexation agreements, service plans, utility service, water
rights, permitting and other legal issues related to the future development
of land, as proposed by JNC Partners Denton, LLC.
2. Consultation with the City's attorneys regarding legal issues related to fair
housing issues as well as other legal issues related thereto.
3. Consult with City's attorneys and hold a discussion on legal issues
necessitating amendments to Subchapters 3 and 16 of the Denton
Development Code, to conform these procedures to statutory provisions
relating to local permits and proportionality ofdevelopment exactions.
With no further business, the meeting was adjourned at 6:40 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
June 17, 2008
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, June 17, 2008 at 3:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Moreno, Thomson, and Watts.
ABSENT : None
1. Staff responded to requests for clarification of agenda items listed on the agenda for June
17, 2008.
Council Member Watts questioned Consent Agenda Item F. He asked if the $337,000 was part
of $3.1 million for the intermodal station. Mark Nelson, Chief Transportation Officer, replied
yes that it would be billed back to the grant.
Council Member Watts asked if that were a federal grant. Nelson replied correct. Council
Member Watts asked about who would be responsible for cost overruns. Nelson replied that the
City would be responsible but there were measures built in so that there would not be any
overruns.
Council Member Watts questioned Consent Agenda Item J. He asked about self fueling at the
airport -could someone have his own fuel operation and did the City receive revenue from the fixed based operator. Nelson replied that the FAA permitted any aircraft to self fuel.
The fixed
base operator did not have to be used. The City received revenue from both the self fuel
operation and the fixed base operator.
Mayor Pro Tem Kamp stated that Item J also set standards at the airport. Nelson replied correct
that minimum development standards were included in the ordinance.
Council Member Moreno stated that Consent Agenda Items 3B and 3C would have to be pulled
for separate consideration as he had a potential conflict of interest with those two items.
Mayor McNeill asked that Item 5I be done after SE. He also indicated that there would be no
Closed Session as the Legal Department did not have a report on JNC.
2. The Council received a presentation from Jim Schermbeck from Downwinders at Risk, a
non-profit citizens' group, on "green cement", which is the purchasing of bulk cement or cement
in concrete according to how much air pollution is released in the cement's production process.
It also held a discussion and considered staff direction based on this presentation.
Kenny Banks, Environmental Quality Manager, stated that the Council Committee on the
Environment had received this presentation at an earlier meeting. This topic was relevant to
ozone and air quality in Metrolplex area.
Jim Schermbeck, Downwinders at Risk, represented anon-profit citizens' group that was
interested in air quality. His presentation described the nature of ozone problems being faced by
North Texas, and described the concept of "green cement purchasing". Green cement purchasing
involved the purchase of bulk cement and cement in concrete according to how much air
pollution was released during the manufacturing of the cement. Enacting green cement
City of Denton City Council Minutes
June 17, 2008
Page 2
purchasing policies was an effort by local governments in the DFVV area to persuade the
operators of the oldest and dirtiest cement kilns to either modernize existing "wet kiln" plants or
build new, less-polluting "dry kiln" plants. Midlothian's three "wet kiln" cement plants
accounted for up to approximately half of all the smog-forming pollution released in the nine
county DFw "non-attainment area" for ozone. The idea of green cement was endorsed by the
North Central Texas Council of Government's North Texas Clean Air Steering Committee in
October 2006, and green cement resolutions have been adopted by Dallas, Ft. Worth, Arlington
and Plano.
Mayor Pro Tem Kamp asked where the City bought cement now. Banks replied most of it came
from TXI and Ash Grove. He also stated that Denton purchased more concrete rather than
cement and that the contractor should supply green cement.
Consensus of the Council was to work with the legislature to promote this idea.
3. The Council received a report, held a discussion and gave staff direction regarding
various issues relating to the Rayzor Ranch mixed use development located on the north and
south sides of Hwy 380 at I-35, including but not limited to, drainage, overlay district
amendments, a Denton Municipal Electric substation site agreement, a developer's agreement for
the construction of Hwy 3 80 between Bonnie Brae and I-3 5, and a special sign district.
Linda Ratliff, Director of Economic Develoment, stated that there were items on the agenda for
Council to consider in order to meet deadlines for VValmart, Sams and Lowes for clearing and
grading on the north site.
Chuck Russell, Planning Supervisor, presented the background of the project. The northern tract
consisted of approximately 153 acres and the southern consisted of approximately 257 acres.
The southern site had been cleared and graded while the northern site was undeveloped with no
clearing and grading. The Master Plan for the development was being updated. The northern
portion would have three big box stores (Lowes, Sams and VValmart), out parcel stores and single
family detached to be developed in far future. A water quality feature would be used to help
filter water before going into North Lakes pond. The southern site would be a combination of
retail, outparcel retail, residential development of 750 multi-family units, 500 townhomes and
200 single-family units plus office, a hotel, movie theater and museum. The development had
gone through a Comprehensive Plan amendment for the entire development in three phases. An
overlay district for the development permitted variations and alternatives to the Development
Code in order to permit this development. One big issue was transportation. US 380 was in
need of expansion and improvement which the developer had taken over the project for funding
and engineering needed to build out this section of US 3 80. The overall development agreement
laid out who would be responsible for what. Bonnie Brae was another major component for
transportation. Bonnie Brae would be improved with a dedicated right turn lane. There would
also be the dedication of a 2 acre site for a DME substation.
Russell continued that the developer wanted a pedestrian friendly development. Another issue
was drainage as most of northern site and 75 acres on south drained to a point under Bonnie Brae
to North Lakes pond. The Army Corps of Engineers also had wetlands in the area so the
developers would have to go through a permit process to mitigate the area. The developer had
chosen the option to pay a credit to the Corps and had satisfied the Corps requirements. There
City of Denton City Council Minutes
June 17, 2008
Page 3
was also an issue with the flood plain which required a map change from FEMA. That issue had
also been completed. One other issue dealt with North Lakes pond and the old earthen dam
around it. The architectural guidelines had been approved for Walmart and Sams and
preliminarily for Loaves. The developer would be required pay $215,000 into the City's tree
mitigation fund as trees were removed from the northern site without a permit. This must be
done before a building permit would be issued.
Russell stated that because this was a unique project, it warranted a unique sign district. This
would require an amendment to the Development Code relative to signs. It would change the
definition of premise sign. This amendment would allow for the relocation of the current
billboard at the old Kmart site to a site on the northern corner of the property. The southern
portion of the development would need a site for a DME substation. The transfer of property for
this substation would get the project underway.
Council Member Watts asked about the letter of credit for the construction costs for widening
US 380 and the cost estimate for the project.
Frank Payne, City Engineer, stated that it would be approximately $8-$10 million.
Council Member Watts expressed concern about the letter of credit. A developer for another
widening project was required to do a cash deposit. He was in favor of this project but was
concerned that if the project did not have enough money for tree mitigation, he didn't want to see the City have problems with the development's funding. He asked what was needed
for a letter
of credit.
Payne stated that staff had a lot of discussion regarding whether or not to bring the letter of credit
forward. The main reason for a letter of credit was the management of cash flow. The letter
guaranteed the money between the City and the developer and would be used only if the
developer were in default.
Noah Shores, developer, stated that the funding for the letter of credit would be between the city
and the bank.
Rex Paine, developer, stated that they were financially capable of doing the project. The letter of
credit spelled out the terms on which money would be drawn by the city if the project went into
default.
Council Member Watts asked about the two letters of credit.
Payne stated that one was for the roadway project and one for inspections.
Council Member Moreno questioned the bank collateral.
Paine stated that was not subj ect to the terms of the agreement.
Council Member Watts stated that part of his concern was that the City might be setting a
precedence as other developers might want the same deal.
City of Denton City Council Minutes
June 17, 2008
Page 4
Council discussed the letter of credit, the guarantee of money, and what happened if the project
defaulted.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. Consultation with Attorney Under Texas Government Code Section 551.071.
1. Received, considered and held a discussion related to a briefing from
city's Attorneys, relating to claims, potential claims, and settlement
thereof for matters pertaining to JNC Partners Denton, LLC v. City of
Denton, including legal advice related to future annexation, zoning,
subdivision controls, plat applications, annexation plans, development
agreements, annexation agreements, service plans, utility service, water
rights, permitting and other legal issues related to the future development
of land, as proposed by JNC Partners Denton, LLC.
At 5:30 p.m., the Council attended a Mayoral Reception in the City Hall Conference Room.
Regular Meeting of the City of Denton City Council on Tuesday, June 17, 2008 at 6:30 p.m. in
the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas
flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. Resolution of Appreciation for Ed Snyder
Mayor McNeill read the Resolution of Appreciation.
Mulroy motioned, Heggins seconded to approve the resolution. On roll vote, Heggins "aye",
Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill
"aye". Motion carried unanimously.
Mayor McNeill presented a plaque of appreciation to Mr. Snyder.
2. Resolution of Appreciation for Random Acts of Kindness Month
Mayor McNeill read the Resolution of Appreciation.
City of Denton City Council Minutes
June 17, 2008
Page 5
Kamp motioned, Mulroy seconded to approve the resolution. On roll vote, Heggins "aye",
Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill
"aye". Motion carried unanimously.
Mayor McNeill presented the following proclamations: Firefighter Mike Schmidt Day and Parks
and Recreation Month
B. June Yard-of the-Month Awards
June Yard of the Month awards were not done.
3. CONSENT AGENDA
Mayor McNeill reviewed the items to be considered on the Consent Agenda.
Council Member Watts requested that Items B and C be pulled for separate consideration.
Thomson motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Items B and C. On roll vote, Heggins "aye",
Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill
"aye". Motion carried unanimously.
Council Member Moreno left the meeting with a conflict of interest.
Item B was considered.
Mulroy motioned, Kamp seconded to approve Item B. On roll vote, Heggins "aye", Kamp
"aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye". Motion carried
unanimous y.
Item C was considered.
Thomson motioned, Watts seconded to approve Item C. On roll vote, Heggins "aye", Kamp
"aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye". Motion carried
unanimous y.
Council Member Moreno returned to the meeting.
A. 2008-121 - An ordinance providing for the sale of real property located at 2535
Charlotte Street and the use of sales proceeds for support of Community
Development programs; and providing for an effective date.
B. 2008-122 - An ordinance of the City Council of the City of Denton, Texas,
approving the Second Amendment to that agreement between the City of Denton
and the Denton Affordable Housing Corporation; authorizing the City Manager to
execute the Second Amendment and to expend funds with respect to the Second
Amendment; and providing for an effective date.
City of Denton City Council Minutes
June 17, 2008
Page 6
C. R2008-023 - A resolution adopting new program guidelines to reduce the amount
of per unit assistance under the Impact Fee Incentive Grants Program to pay water
and wastewater impact fees for single family affordable housing residential units;
and providing an effective date.
D. 2008-123 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network for the acquisition of a Doosan D 160 Pneumatic Tire Forklift
for Denton Municipal Electric by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 4072-Interlocal Agreement for the
purchase of Forklift for Denton Municipal Electric awarded to Darr Equipment
Co. in the amount of $120,390). The Public Utilities Board recommended
approval (4-0).
E. 2008-124 - An ordinance accepting competitive bids and awarding a public works
contract for the installation of one autotransformer pad and three concrete control
house building foundations a the RD Wells Interchange; providing for the
expenditure of funds therefor; and providing an effective date (Bid 403 8-RD
Wells AutotransformerPal and Concrete Building Foundations awarded to Cates,
Courtney and Roebuck, Inc. in the amount of $104,610. The Public Utilities
Board recommended approval (4-0).
F. 2008-125 - An ordinance authorizing the City Manager or his designee to execute
a Professional Services Agreement with the firm of Carter & Burgess, Inc. to
provide engineering, design and construction management services for the
Downtown Denton Transit Center; authorizing the expenditure of funds therefor,
and providing an effective date (File 4014 in an amount not to exceed $337,590).
G. 2008-126 - An ordinance authorizing the City Manager or his designee to execute
a Professional Services Agreement with the firm of Carter & Burgess to provide
architectural design services for the update of the existing Comprehensive Parks,
Recreation and Open Space Master Plan for the City of Denton; authorizing the
expenditure of funds therefor, and providing an effective date (File 4069 in an
amount not to exceed $109,800).
H. 2008-127 - An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of a Liebert 30 ton air
cooled system for the Technology Services Computer Room, which is available
from only one source in accordance with the pertinent provisions of Chapter 252
of the Texas Local Government Code exempting such purchases from the
requirements of competitive bidding; and providing an effective date (File 4073-
Purchase of Air Conditioning Unit for Technology Services Computer Room
awarded to Liebert/Tech Plan, Inc. in the amount of $59,375).
I. 2008-128 - An ordinance accepting competitive bids and awarding athree-year
contract for the purchase of temporary employment services for various City of Denton departments for the City of Denton; providing for the expenditure of
funds therefor; and providing an effective date (Bid 4058-Three-Year Contract
City of Denton City Council Minutes
June 17, 2008
Page 7
for Temporary Employment Services awarded to Express Employment
Professionals in the annual estimated amount of $200,000 for an estimated three
year total of $600,000).
J. 2008-129 - An ordinance of the City of Denton, Texas, approving and authorizing
the establishment of minimum standards for self fueling of aircraft utilizing tenant
self operated fuel farms at the Denton Municipal Airport; and providing an
effective date. The Airport Advisory Board recommended approval (5-0).
K. R2008-024 - A resolution expressing on behalf of the City of Denton, an interest
in participating in a grant offer from the Texas Department (TxDOT) to fund an
Airport Business Plan relating to the Denton Municipal Airport; demonstrating
that the City of Denton has requisite matching finds in the amount of $50,000.00;
confirming agreement to pay a portion of the total project costs; and providing an
effective date. The Airport Advisory Board recommended approval (5-0).
L. 2008-130 - An ordinance approving an Ingress/Egress Easement by and between
the City of Denton, as grantor and Oncor Electric Delivery Company, LLC, as grantee, regarding a 0.046 acre tract of land located in the Myers, Johnson,
Brummet and Greene Survey, Abstract No. 1699, City of Denton, Denton County,
Texas; providing an effective date. The Public Utilities Board recommended
approval (4-0).
M. 2008-131 - An ordinance authorizing the City Manager to approve a Designation
of Pooled Unit and Amendment and Ratification of Oil and Gas Leases (Meredith
No. 1 Unit) with Endeavor Energy Resources, L.P. for 3.13 acres, more or less, of
the S.A. Ventures Survey, A-1315, being the Hickory Creek Substation site.
N. Approved the minutes of:
May 6, 2008
May 13, 2008
May 20, 2008
0. R2008-025 - A resolution by the City Council of the City of Denton relating to
the issuance of bonds by North Texas Higher Education Authority, Inc.;
approving the issuance of such additional bonds and the use of the proceeds of
such bonds; and making certain findings in connection therewith; and providing
an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered the adoption of an ordinance of
the City of Denton, Texas, for a zoning change from a Agriculture (A), Industrial Center General
(IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1),
Community Mixed Use Employment (CM-E), and Planned Development 13 8 (PD-13 8) zoning
districts to the Inspiration Master Planned Community (MPC) zoning district classification and
use designation; the area for zoning change encompasses 3,331 acres of land located on both
sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as
certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey,
Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract
City of Denton City Council Minutes
June 17, 2008
Page 8
Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett
Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in the
City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning
Commission recommended approval (7-0). (MPC07-0001, Inspiration)
Brian Lockley, Planning Manager, presented the details of Inspiration, a master planned
community. The project included 3,331 acres of land located on both sides of I35W between
Robson Ranch and Vintage Blvd. The development included a mix of residential, retail,
commercial and open space/recreational uses. The single-family to multi-family ratio was 77.8%
to 22.2%. Schools in the development included an elementary, middle and high school. Current
zoning for the property was agriculture. The development plan map identified the actual
locations of the zoning uses in the development. Gas wells were being planned in association
with the surrounding land uses. Two neighborhood meetings produced the following concerns
by area residents: traffic on Robson Ranch Road, the location of the elementary school and
private park, multi-family units along Robson Ranch Road, no buffer between Robson Ranch
and Hunter Ranch with a 50 foot buffer being requested by the residents. The developer agreed
to these changes: the traffic plan was to improve Robson Ranch Road to a four lane divided road
in 3-5 years; no schools or parks would be located adjacent to Robson Ranch property, multi-
family units along Robson Ranch Road would be reduced to 3 52 units instead of the original 704
units, and the single family residential lots within Hunter Ranch would be the same size or larger
than those adjacent lots in Robson Ranch. One third of the development would be open space. Opposition letters represented less than 3% of the land area.
Council discussed the multi-family density, the traffic impact due to increased traffic and the fact
that Robson Ranch Road was currently not designed to handle large amounts of traffic, and the
number of single-family units that had to be developed before any multi-family could be started.
Deputy Mayor Pro Tem Mulroy restated that Planning and Zoning Commission's conditions -
the relocation of the elementary school, the relocation of the private park, the relocation of the
multi-family development on Robson Ranch Road and the same size homes or larger homes
adjacent to Robson Ranch.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Larry Reichhart, representing the developer, spoke in favor.
Council discussed with Mr. Reichhart traffic in terms of ingress and egress, phasing of the multi-
family in terms of single family units, utility services especially water, the area of the
development to start building, the concept of live/work/play in the neighborhood as opposed to
the outdated concept of driving to services, and the time frame between phases.
David Dunning, representing the developer, spoke in favor
Peter Day, 9109 Perimeter, Denton, 76207 -opposed
Jack Faegre,10016Hanford Drive, Denton, 76207 -opposed
Jim Erickson, 9113 Perimeter, Denton, 76207 -opposed
City of Denton City Council Minutes
June 17, 2008
Page 9
Betty Erickson, 9113 Perimeter, Denton, 76207 -opposed
Ray Wazny, 9117 Perimeter, Denton, 76207 -opposed
Robert Hal1,11712 Lynn Brook, Denton, 76207 -opposed
Kathleen Wazny, 9117 Perimeter, Denton, 76207 -opposed
Comment cards were received from the following:
Mark Aberbach, 9617 Callaway Court, Denton, 76207 -support
Lana Aberbach, 9617 Callaway Court, Denton, 76207 -support
Carolyn Huggins, (no address given) -support
Nancy and Gary Tong, 9417 Perimeter, Denton, 76207 -opposed
Jim Christie,11704 Oak Brook Court, Denton, 76207 -opposed
Dan Hurt,11200 Landmark Court, Denton, 76207 -opposed
Tom and Susan Solometo,10100 Soriano Street, Denton, 76207 -oppose
Larry Comunale, 9709 Cypress, Denton, 76207 -opposed
James Murphy, 9500 Perimeter, Denton, 76207 -opposed
Kate Murray, 9500 Perimeter, Denton, 76207 -opposed
Kathryn Sapp, (no address given) -opposed
Charlene Cottingham,1005 Southpoint Court, Denton, 76207 -opposed
Norma Thompson, 9604 Pepperwood, Denton, 76207 -opposed
Richard and Lora Bolstad, 9405 Avalon Drive, Denton, 76207 -opposed Alice Fellows, 9024 Crestview, Denton, 76207 -opposed
Ted and Shelly Kahl, 9017 Gardenia, Denton, 76207 -opposed
Bobbie and Larry Jones, 9621 Pepperwood Trail, Denton, 76207 -opposed
Elma Walker, P.O. Box 856, Denton, 76202 -opposed
Norman and Carol Wachal, 8909 Grandview, Denton, 76207 -opposed
Bette Watson,11012 LaJolla Way, Denton, 76207 -opposed
Shirlyan Hurt,11200 Landmark Court, Denton, 76207 -opposed
Hugh and Doris Lashlee,10901 Murray Johnson, Denton, 76207 -opposed
Rebecca Laschinger,10300 Countryside, Denton, 76207 -opposed
Pat Henderson,10000 Countryside, Denton, 76207 -opposed
Hary Oslzak, 95018 Perimeter, Denton, 76207 -opposed
Steve and Carmen Kwong, 9108 Kingston, Denton, 76207 -opposed
Mr. Reichhart was allowed a five minute rebuttal.
The Mayor closed the public hearing.
Council Member Watts expressed a concern about a control mechanism to ensure the
infrastructure would be adequate prior to the beginning of the development and asked if there
were a way to control the development until the infrastructure were in place.
Lockley stated that staff shared the concern and that the control process was through the platting
process. To approve the plat the developer must demonstrate adequate water, sewer, etc.
However, Council should remember that they were only considering the land use at this time.
Later if the infrastructure were not adequate, staff would recommend denial of the plat.
City of Denton City Council Minutes
June 17, 2008
Page 10
Council Member Watts asked if the area were already at stop gap at Robson based on
water/wastewater, how would that coincide with Inspiration.
Lockley stated that it would be handled at the platting process.
Council Member Thomson asked what kind of fence was between Robson and Inspiration.
Lockley stated that a wrought iron fence was shown on the development plan.
Council Member Thomson suggested adding a fence to the buffer.
Council Member Moreno asked if the developer could start his phasing at the north end of the
property instead of the area adj acent to Robson Ranch.
Gary Lane, developer, felt that a strip of land as a buffer would gain anything except for space
for "bad things" to go on. He was already committed to building the same or larger homes along
the border with Robson Ranch. The phasing was being done as proposed because that would
provide the best water infrastructure and road infrastructure. As the development progressed,
they would have to provide details on how the rest of the infrastructure would work.
Mayor McNeill asked if there would then be a wrought iron fence along the Robson Ranch property and a solid fence along Inspiration.
Lockley replied that Robson Ranch had the wrought iron fence and Inspiration would have a
solid screen fence along the perimeter.
Council Member Watts stated that there was not adequate infrastructure when Robson Ranch
was built and Inspiration was doing the same as Robson.
Lockley stated yes that the development was allowed to build up to its ability to serve the
developed lots.
Mayor Pro Tem Kamp asked about the public areas.
Reichhart replied that there would be a variety of different park spaces from 1 to 2 acres both
active and passive connected to trails.
Mayor Pro Tem Kamp asked who would build the parks and who would maintain them.
Reichhart replied that the developer would build them and the homeowners association would
maintain them.
Deputy Mayor Pro Tem Mulroy asked if there were a buffer, would there still be a fence or
would it be fence, buffer, fence.
Lockley stated that would have to be worked out, including the fencing type and maintenance.
City of Denton City Council Minutes
June 17, 2008
Page 11
Mulroy motioned, Heggins seconded to continue this item to the July 15th meeting and to request
that the developer of Inspiration coordinate with the developer of Robson Ranch to bring forward
a solution for the total north/south access, common boundary for buffering (fencing) and
maintenance of the buffer area. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye",
Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried
unanimous y.
B. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, providing for a Comprehensive Plan Amendment from a "Neighborhood
Centers" future land use designation to a "Community Mixed Use Centers" future land use
designation; the area for adoption of amendment is on 88.54 acres of land located at the
southwest corner of Vintage Boulevard and Bonnie Brae Street, and is legally described as
Exhibit A, in the City of Denton, Denton County, Texas; Providing for a penalty in the
maximum amount of $2,000.00 for violations thereof, severability and an effective date. The
Planning and Zoning Commission recommended approval of CA08-0002 (5-0). The Planning
and Zoning Commission recommended approval of CA08-0003 (6-0). (CA08-0002, Public
Safety Training Facility ~ CA08-0003, Fire Station #7)
Brian Lockley, Planning Division Manager, presented a report for both Items B and C. Item B
dealt with a Comprehensive Plan amendment. The Denton Development Plan did not designate
a specific future land use designation for public facilities, therefore an amendment to a
community mixed use center designation would allow for the institutional uses proposed. Item C was a change in zoning from a Planned Development 139 and Neighborhood Residential
Mixed
Use zoning district classifications to Community Mixed Use Center. A restrictive overlay for the
specific types of uses associated with the public safety training facility and fire station was also
included. Staff recommended approval as did the Planning and Zoning Commission.
The Mayor opened the public hearings for Items B and C.
No one spoke during the public hearings.
The Mayor closed the public hearings.
The following ordinance was considered:
N0.2008-132
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
COMPREHENSIVE PLAN AMENDMENT FROM A "NEIGHBORHOOD CENTERS"
FUTURE LAND USE DESIGNATION TO A "COMMUNITY MIXED USE
CENTERS" FUTURE LAND USE DESIGNATION; THE AREA FOR ADOPTION OF
AMENDMENT IS ON 88.54 ACRES OF LAND LOCATED AT THE SOUTHWEST
CORNER OF VINTAGE BOULEVARD AND BONNIE BRAE STREET, AND IS
LEGALLY DESCRIBED AS EXHIBIT A, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN
EFFECTIVE DATE.
City of Denton City Council Minutes
June 17, 2008
Page 12
Watts motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye".
Motion carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, providing for a zoning change from a Planned Development 139 (PD-
139) and Neighborhood Residential Mixed Use (NRMU) zoning district classifications and use
designation to Community Mixed Use Center (CM-G) zoning district classification and use
designation; the area for zoning change encompasses 88.54 acres of land located at the southwest
corner of Vintage Boulevard and Bonnie Brae Street, and is legally described as Exhibit A, in the
City of Denton, Denton County, Texas; Providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning
Commission recommended approval of Z08-0007 (5-0). The Planning and Zoning Commission
recommended approval of 208-0011 (6-0). (208-0007, Public Safety Training Facility ~ 208-
0011, Fire Station #7)
The public hearing for this item was considered with Item B.
The following ordinance was considered:
N0.2008-133
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM A PLANNED DEVELOPMENT 13 9 (PD-13 9) AND
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT
CLASSIFICATIONS AND USE DESIGNATION TO COMMUNITY MIXED USE
CENTER (CM-G) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION; THE AREA FOR ZONING CHANGE ENCOMPASSES 88.54
ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF VINTAGE
BOULEVARD AND BONNIE BRAE STREET, AND IS LEGALLY DESCRIBED AS
EXHIBIT A, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
Thomson motioned, Watts seconded to adopt the ordinance with a CM-G zoning designation and
the associated overlay district. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy
"aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, amending Subchapter 35.15.10.6 of the Denton Development Code
pertaining to the definition of "premise" as it relates to signs, amending Subchapter 3 5.15.10.6 of
the Denton Development Code pertaining to the relocation of signs, and creating Subchapter
35.15.18.8 of the Denton Development Code pertaining to relocation, reduction and mitigation of
legally nonconforming and prohibited signs; providing for a penalty clause with the maximum
amount of $2,000.00 for violations thereof; and providing for an effective date. The Planning
and Zoning Commission recommended approval (6-0). (DCA08-0004, Subchapter I S
Development Code Amendments)
City of Denton City Council Minutes
June 17, 2008
Page 13
Chuck Russell, Planning Supervisor, stated that the proposed amendment would allow tenants
within a shopping or business center to share ground signs regardless of ownership. Multiple
owners or tenants would not be required to construct multiple ground signs to generate visibility
for their businesses. The amendment also allowed for the revised definition of premise as it
related to signs and for the definition of premise and relocation and mitigation of legally
nonconforming and prohibited signs.
The Mayor opened public hearing.
No one spoke during public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
N0.2008-134
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
SUBCHAPTER 35.15.10.6 OF THE DENTON DEVELOPMENT CODE PERTAINING
TO THE DEFINITION OF "PREMISE" AS IT RELATES TO SIGNS, AMENDING
SUBCHAPTER 35.15.10.6 OF THE DENTON DEVELOPMENT CODE PERTAINING TO THE RELOCATION OF SIGNS, AND CREATING SUBCHAPTER 35.15.18.8 OF
THE DENTON DEVELOPMENT CODE PERTAINING TO RELOCATION,
REDUCTION AND MITIGATION OF LEGALLY NONCONFORMING AND
PROHIBITED SIGNS; PROVIDING FOR A PENALTY CLAUSE WITH THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Heggins motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye".
Motion carried unanimously.
E. The Council continued a public hearing and considered adoption of an ordinance
of the City of Denton, Texas, regarding a proposed special sign district within a Neighborhood
Residential Mixed Use zoning district. The special sign district designation will allow for two
multi-tenant ground signs to serve the Hickory Creek Plaza shopping center with the exception
of three lots. The subject shopping center is located on the southeast corner of Teasley Lane
(F.M. 2181) and Hickory Creek Road in the City of Denton, Texas; providing for a penalty in the
maximum amount of $2,000.00 for violations thereof, severability and an effective date. The
Planning and Zoning Commission recommended approval (5-1). (SD08-0001, Hickory Creek
Plaza)
The Mayor opened the public hearing.
No one spoke during the public hearing.
City of Denton City Council Minutes
June 17, 2008
Page 14
Mulroy motioned, Thomson seconded to continue the public hearing to the July 15th meeting.
On ro11 vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts
"aye", and Mayor McNeill "aye". Motion carried unanimously.
F. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, providing for a special sign district within the Rayzor Ranch Overlay
zoning district. The subject property contains approximately 410 acres and is located generally
on both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and
Bonnie Brae Street and is legally described in the attached Exhibit 7; providing for a penalty in
the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The
Planning and Zoning Commission recommended approval (6-0). (SD07-0001, Rayzor Ranch
Special Sign District)
Chuck Russell, Planning Supervisor, stated that this request was for a special sign district for
Rayzor Ranch. The applicant was requesting that the framework for this district be approved at
this time in order for them to meet critical time sensitive obligations regarding the development
of a proposed Wal-mart and Sam's stores. A current billboard wold be reloated from U.S. 380 to
the I-3 5 frontage road with a net impact of reducing the total number of billboards for 2 to 1 on
t e S1te.
The Mayor opened the public hearing.
Robert Baldwin, representing the developer, spoke in support of the recommendation.
The Mayor closed the public hearing
The following ordinance was considered:
N0.2008-135
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
SPECIAL SIGN DISTRICT WITHIN THE RAYZOR RANCH OVERLAY ZONING
DISTRICT. THE SUBJECT PROPERTY CONTAINS APPROXIMATELY 410
ACRES AND IS LOCATED GENERALLY ON BOTH SIDES OF U.S. HIGHWAY
380 (WEST UNIVERSITY DRIVE), BETWEEN INTERSTATE HIGHWAY 35 AND
BONNIE BRAE STREET AND IS LEGALLY DESCRIBED IN THE ATTACHED
EXHIBIT 7; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE
DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill
"aye". Motion carried unanimously.
G. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton creating a Special Purpose and Overlay District to be known as the West Oak
Area Historic District, on approximately 52.01 acres of land generally located in the City of
Denton, Denton County, Texas; amending Subchapter 7 of the Denton Development Code by
City of Denton City Council Minutes
June 17, 2008
Page 15
adding Section 35.7.13 "West Oak Area Historic District" creating and providing for regulations
for the West Oak Area Historic District, including architectural, sign, and parking regulations;
providing for a penalty in the maximum amount of $2,000 for violations thereof; providing for a
severability clause; and providing for an effective date. The Historic Landmark Commission
recommended approval (8-0). The Planning and Zoning Commission recommended approval (6-
0).
Julie Glover, Historic Preservation Officer, presented the details of the proposal. She stated that
the West Oak Area neighborhood was an important architectural and cultural cross-section of the
city. Twenty homes in the proposed historic district were listed as a high priority for
preservation on the 1995 History Resources Inventory with two being O'Neil Ford designs.
Forty four notices were returned in favor, 32 in opposition with some of the opposition being
outside the distance notification.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Peggy Capps, 915 W. Oak, Denton, 76201-favor
Karen DeVinney,1820 W. Oak, Denton, 76201-favor
Donna Morris, 918 W. Oak, Denton, 76201-favor Elise Ridenour, 2044 W. Oak, Denton, 76201-favor
Linda Lavender, 610 W. Oak, Denton, 76201-favor
Mary Anderson, 924 W. Oak, Denton, 76201-favor
David Wright,1819 W. Oak, Denton -favor
JoAnn Nunnelly, 2215 Houston Place, Denton, 7201-favor
Mayor McNeill noted that there were 34 non-speaker cards submitted in support of the proposal
and 7non-speakers in opposition.
Eddie Lane,111 W. McKinney, Denton 76201, spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
N0.2008-136
AN ORDINANCE OF THE CITY OF DENTON CREATING A SPECIAL PURPOSE
AND OVERLAY DISTRICT TO BE KNOWN AS THE WEST OAK AREA
HISTORIC DISTRICT, ON APPROXIMATELY 52.01 ACRES OF LAND
GENERALLY LOCATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
AMENDING SUBCHAPTER 7 OF THE DENTON DEVELOPMENT CODE BY
ADDING SECTION 35.7.13 "WEST OAK AREA HISTORIC DISTRICT" CREATING
AND PROVIDING FOR REGULATIONS FOR THE WEST OAK AREA HISTORIC
DISTRICT, INCLUDING ARCHITECTURAL, SIGN, AND PARKING
REGULATIONS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
City of Denton City Council Minutes
June 17, 2008
Page 16
OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Watts motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye".
Motion carried unanimously.
H. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas updating Impact Fees by Amending Chapter 26, "Utilities," Section 26-
210through Section 26-232 of the City of Denton Code of Ordinances; adopting revised Land
Use Assumptions and Capital Improvements Plans for Water and Wastewater Impact Fees;
establishing new service areas for water impact fees; establishing new maximum impact fees per
service unit and impact fees to be collected; creating schedules for the assessment and collection
of impact fees; repealing section 26-222 (d); amending section 26-226 regarding appeals;
repealing conflicting ordinances and resolutions; providing for a severability clause; providing
for a penalty not to exceed $2,000 for each violation thereof; and providing an effective date.
City Manager Campbell requested that this item be postponed to a date certain.
The Mayor opened the public hearing.
Mulroy motioned, Kamp seconded to postpone the item to the July 15th meeting and continue the
public hearing at that time. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy
"aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance on second and final reading of
the City of Denton, Texas, annexing by consent tracts of land consisting of approximately 484.84
acres, contiguous and adjacent to the City of Denton, generally located on the west side of
Locust Street and south of Milam Road; approving a service plan for the annexed property;
providing a severability clause and an effective date. The Planning and Zoning Commission
recommended the annexation proceed as presented (7-0). (A07-0006, Hills of Denton North
Annexation)
The following ordinance was considered:
N0.2008-137
AN ORDINANCE ON SECOND AND FINAL READING OF THE CITY OF
DENTON, TEXAS, ANNEXING BY CONSENT TRACTS OF LAND CONSISTING
OF APPROXIMATELY 484.84 ACRES, CONTIGUOUS AND ADJACENT TO THE
CITY OF DENTON, GENERALLY LOCATED ON THE WEST SIDE OF LOCUST
STREET AND SOUTH OF MILAM ROAD; APPROVING A SERVICE PLAN FOR
THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
City of Denton City Council Minutes
June 17, 2008
Page 17
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye".
Motion carried unanimously.
B. The Council considered adoption of an ordinance approving a Development
Agreement between the City of Denton and Allegiance Hillview, L.P., a New York limited
partnership acting by and through its general partner, TH GP LLC (d/b/a TH Denton GP LLC), a
Delaware limited liability company (hereinafter called "Developer") for securing the funding
associated with the construction of the widening of U.S. Highway 380 through the Rayzor Ranch
Development, reimbursement for third party inspection services for the highway construction
and the expenditure of utility funds for the relocation of water and wastewater utilities between
IH35 and Bonnie Brae Road. The Public Utilities Board recommended approval (4-0).
Council Member Watts expressed concerns regarding the irrevocable letter of credit. The letter
would be issued in the name of Hillview, L.P. and could be assigned to successive developers.
City Manager Campbell stated that the letter of credit would not go away if developers changed.
Frank Payne, City Engineer, stated that Section 15 of the agreement stated that a permitted
assignee would assume all legal and financial obligations of the Developer and must furnish
proof of financial status either with cash or a letter of credit.
The following ordinance was considered:
N0.2008-13 8
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF DENTON AND ALLEGIANCE HILLVIEW, L.P., A NEW YORK LIMITED
PARTNERSHIP ACTING BY AND THROUGH ITS GENERAL PARTNER, TH GP
LLC (D/B/A TH DENTON GP LLC), A DELAWARE LIMITED LIABILITY
COMPANY (HEREINAFTER CALLED "DEVELOPER") FOR SECURING THE
FUNDING ASSOCIATED WITH THE CONSTRUCTION OF THE WIDENING OF
U.S. HIGHWAY 380 THROUGH THE RAYZOR RANCH DEVELOPMENT,
REIMBURSEMENT FOR THIRD PARTY INSPECTION SERVICES FOR THE
HIGHWAY CONSTRUCTION AND THE EXPENDITURE OF UTILITY FUNDS
FOR THE RELOCATION OF WATER AND WASTEWATER UTILITIES BETWEEN
IH35 AND BONNIE BRAE ROAD.
Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye".
Motion carried unanimously.
C. The Council considered adoption of an ordinance approving a development
agreement for Rayzor Ranch (DME site) by and between the City of Denton, Texas and
Allegiance Hillview, L.P., a New York limited partnership acting by and through its general
partner, TH GP LLC (d/b/a TH Denton GP LLC), a Delaware limited liability company,
providing for the developer's conveyance of a certain two acre tract of land to the City in order
for the City to provide an electric substation to serve the development; and the City's acquisition
City of Denton City Council Minutes
June 17, 2008
Page 18
of easements and the relocation of existing electric transmission lines as are necessary for the
City to construct a certain "right turn only lane" together with other matters; and providing an
effective date. The Public Utilities Board recommended approval (4-0).
The following ordinance was considered:
N0.2008-139
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR RAYZOR
RANCH (DME SITE) BY AND BETWEEN THE CITY OF DENTON, TEXAS AND
ALLEGIANCE HILLVIEW, L.P., A NEW YORK LIMITED PARTNERSHIP ACTING
BY AND THROUGH ITS GENERAL PARTNER, TH GP LLC (D/B/A TH DENTON
GP LLC), A DELAWARE LIMITED LIABILITY COMPANY, PROVIDING FOR
THE DEVELOPER'S CONVEYANCE OF A CERTAIN TWO ACRE TRACT OF
LAND TO THE CITY IN ORDER FOR THE CITY TO PROVIDE AN ELECTRIC
SUBSTATION TO SERVE THE DEVELOPMENT; AND THE CITY'S
ACQUISITION OF EASEMENTS AND THE RELOCATION OF EXISTING
ELECTRIC TRANSMISSION LINES AS ARE NECESSARY FOR THE CITY TO
CONSTRUCT A CERTAIN "RIGHT TURN ONLY LANE" TOGETHER WITH
OTHER MATTERS; AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye".
Motion carried unanimously.
D. Council considered nominations/appointments to the city's Boards and
Commissions.
Mayor McNeill stated that he did not have a nomination to the Historic Landmark Commission.
He also stated that as a result of the runoff election, he would be resigning from the Economic
Development Partnership Board and the TMPA Board of Directors.
E. The Council considered adoption of an ordinance canvassing the returns and
declaring the results of the Runoff Election to elect a Mayor to Place 7 of the City Council of the
City of Denton, Texas held in the City of Denton on June 14, 2008; and providing an effective
date.
Jennifer Walters, City Secretary, read the final results of the election into the official record
noting that Mark Burroughs had received the maj ority of votes for Mayor.
The following ordinance was considered:
N0.2008-140
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE RUNOFF ELECTION TO ELECT A MAYOR TO PLACE 7 OF
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN THE CITY OF
DENTON ON JUNE 14, 2008; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
June 17, 2008
Page 19
Heggins motioned, Watts seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye".
Motion carried unanimously.
Item I was considered.
I. Resolution related to Mayoral Election.
Deputy Mayor Pro Tem Mulroy read a Resolution of Appreciation for Perry McNeill.
Watts motioned, Thomson seconded to approve the Resolution. On roll vote, Heggins "aye",
Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", and Watts "aye". Motion carried
unanimous y.
F. Oath of Office administered to newly elected Mayor.
Jennifer Walters, City Secretary, administered the oath of office to Mark Burroughs, Mayor.
G. Election of Mayor Pro Tempore.
Mayor Burroughs requested that this item and the item regarding the Deputy Mayor Pro Tem
position be tabled until July 15tH
Watts motioned, Thomson seconded to table the election of a Mayor Pro Tem and Deputy Mayor
Pro Tem until the July 15th meeting. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye",
Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried
unanimous y.
H. Election of Deputy Mayor Pro Tempore.
This item was tabled until July 15th
J. Citizen Reports
1. Council held a review of the procedures for addressing the City Council.
2. Council received citizen reports from the following:
A. Robert Donnelly regarding open government.
Mr. Donnelly was not present at the meeting.
K. New Business and Announcements
• Council Member Heggins invited everyone in attendance to an unveiling of a new picture of
Martin Luther King, Jr. at the MLK Center.
City of Denton City Council Minutes
June 17, 2008
Page 20
• Council Member Watts request a j oint meeting with Economic Development Partnership
Board.
L. City Manager's Report
City Manager Campbell did not have a report.
M. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
N. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 11:05 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse
expenditures from the Unreserved Fund Balance of the Electric Fund with Utility System
Revenue Bonds with an aggregate maximum principal amount equal to $5,000,000 so that
Denton Municipal Electric can continue funding ongoing capital expenditures for expansion of
the distribution and transmission electric facilities; and provide an effective date.
BACKGROUND
Denton Municipal Electric is utilizing $5,000,000 in Utility Bonds for ongoing capital expansion
of the distribution and transmission facilities. The Utility Bonds will only be issued to cover the
cost of planned electric capital facilities. Initially, these funds will be provided by the Unreserved Fund Balance of the Electric Fund and will be reimbursed
with Utility Bonds sold in
fiscal year 2007-08. These funds will be used for the Denton Municipal Electric capitalized
facilities that were approved as part of the 2007-08 Capital Improvement Budget. The capital
improvements related to this item are detailed on Exhibit A.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS)
None
FISCAL INFORMATION
This ordinance will allow $5,000,000 from the Utility Fund unreserved retained earnings to be
expended and subsequently reimbursed with Utility Bonds.
EXHIBITS
Projected Capital Expenditures
Ordinance
Respectfully submitted:
Bryan Langley
Director of Finance
EXHIBIT A
Denton Municipal Electric
2008 Projected Capital Expenditures
Projected
Reimbursement
Projects Categories Allocation
Communications $ 275,288
Distribution Transformers 1,034,332
Distribution Feeder & Extension 946,100
Meters 53,783
OH to UG Conversions 364,872
Power Factor Improvements 33,352
New Residential & Commercial 168,273
Hickory Substation Addition 390,000
Woodrow Kings Row 69 KV TM Line 100,000
Fort Worth Substation 900,000
Kendolph System Improvement 2007 No. 5 231,000
NEC Phone System 245,000
Colorado & Loop 288 Improvement 140,000
Teasley Substation 214 Exit Feeder 118,000
TOTAL $ 5,000,000
S:l~ur D~cumentslDrditrances1081Reimbursemer~t-distribution 8~ electric fa~ilities,d~~
~RDINANE
AN DRDn~ANE OF TIDE CITY ~F DENTIN, TEA, T~ DECLARE THE INTENT T~
REIMBURSE E~ENDITURE FRGIVI THE UNI~E~ERVED FUND BAIIANCE ~F THE
` ELECTRIC FUND KITH UTILITY ~YTElI~ REVENUE BAND KITH AN AGGREGATE
M.AIlI~UNI PRIl~CIPAL AMOUNT EQUAL T~ S,~n~,~~o THAT DENTGN
~VIUNICIPAL ELECTRIC CAN ~GNTINUE FUNDING ~NG~ING CAPITAL
EPENDITURE FAR EPANI~N OF THE DITRIBUTIQN AND TRANl1~IIGN
ELECTRIC FACIIJITIE, AND PRGV~DING A EFFECTIVE DATE.
HEREA., the City of Denton the "Issuer"} a municipal corporationlpolitical
subdiv~s~an of the state of Texas; and
HERE,A, the Issuer expects to pay expenditures related to the ongoing capital
expenditures far expansion of the distribution and transn~issian facilities of Denton ll~unici
Electric, v~h~ch wa,s approved 1n the ~a0~-~~~5 Adopted Budget and the 0~7-oS Capital
In~prove~nent Budget and are described ire Attachment "A", and
HEREA, the Issuer finds, considers, and declares that the reimbursement ofthe Issuer
for the payment of such expenditures will be appropriate and consistent -ith the lav~ful
objectives of the Issuer and, s such, chooses to declare Its intention ~ accordance with the
provisions of section 1,1 Treasury Regulations, to reimburse itself far such payments at
such time as ~t issues the obllat~ons to finance the Pray ects; N~, THERE~'~RE,
THE ~UN~IL ~F THE CITY F DENTDN HERBY ~R.DAn~.
ETI~N ~ . The Issuer reasonably expects to incur debt, as one or more series of
obl~a~ions, nth an aggregate max~n~un~ p~'1nlpal amount e~u~ to ~,~O~,OaO for the purpose of
paying the costs of the Project, as set forth 1n the attached Attachment "A", v~hich is made a art . P
of this ordinance for all purposes as ~f incorporated ward for ward herein,
ETI~N All casts to be reimbursed pursuant hereto v~ill be for the ongoing capital
expansion of the d~str~but~on and trans~n~ss~on fac~lxtles of Denton 14lun~c~pa1 Electric as
authorized by section ~71,~45~a~~I} of the Texas Eaca1 Government bode. No tax-exerr~pt
obligations v~ill be issued by the Yssuer i~ furtherance of this ordinance aver a date v~hich is later
than 18 months after the latex o f ~ l }the date the expenditures are paid, or the date on which
the property, with respect to v~hich such expenditures are n~ade,ls placed in service. That all
amounts expended from the Unreserved Fund Balance of the Electric Fund for the Praj ect set
forth in Attachment "A'} to pay any costs of the Project shall be reimbursed from Utili stem ~ 4 ~ !
Revenue bond proceeds w~thln the 207-~~~ Iisca.l year,
SECTION ~ . The foregoing notwithstanding, no tax-exempt obligation gill be issued
pursuant to this Ordinance mare than three years aver the date any expenditure v~hich is to be
reimbursed 1s paid.
~:l~ur Dacurnent~l~rdit~ances1081Reim~~rsernent-disiri~ution ~ electric faci3iti~s.doc
ET~~~V 4. ~`h~s rdinnc~ s1~all be~on~e ~~fecti~e ~med~ate~ u on its asa a an
Y P p g d appro~~1.
PAED ADD APPR~~D t, the dad of ~~OS.
a
MARK B~C~RR~UC~H, MAYOR
AT~'~T:
J~~VN~'~R ASTER, rT~ ~RL~TARY
~~Y:
APPROVE] A T~ ~EC~AI~
J~Hl~ NC. KNIT, iNTERIlIrI ~T~ ATT~RNE~Y
~Y:
Pay ~ of 2
i
.f
~TTAHl~[~~T A
Denton 1Viunieipal ~lectrie
2008 a.~ital expenditures
fro j e~ted
Ieim~ursment
Prod ects tegorres Al~oe~tian
a~nunications 275,285
Distribution Transformers 1,034,332
Dlstrrbutian ~`eeder ~xtenslan 946,100
1Vleters 53,753
to U an~ersians 364,872
dower ~`~.etar Ipra~en~ents 33 351
~e Resldent~a~ ame~ela~ 168,273
~~C~Dr~ Substation Addltlon ~ 390 000
aodravw ~ Row 69 ~V T1V1 Line 100,000
Farb worth Substation 900,000
Kendo~pb ~~rsten~ ~n ra~errient 2007 No. 5 231,000
NEB thane S stem 245 000
o~orado Look 25S ~tri ro~ement 140,000
Teasley Substation 214 Exit feeder 118 000
T~T~.L 5,000,000
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse
expenditures from the Unreserved Fund Balance of the General Fund with Certificates of
Obligation with an aggregate maximum principal amount equal to $510,000 so that the Parks and
Recreation Department can acquire land for a new regional park; and providing an effective date.
BACKGROUND
The Parks and Recreation Department is utilizing $510,000 in Certificates of Obligation for the
acquisition of park land for a new regional park site at the Northwest corner of Allred Road and
Bonnie Brae Streets. Initially, these funds will be provided by the Unreserved Fund Balance of
the General Fund and will be reimbursed with Certificates of Obligation sold in fiscal year 2007- 08. These funds will be used for the City of Denton Parks and Recreation
Department's new
regional park. The new park was originally contemplated in the 2005 Bond Program, and $4.4
million in general obligation bonds were sold for this purpose in FY 2006-07. The additional
$510,000 in certificates of obligation is required to provide the resources necessary for this
project.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS)
None
FISCAL INFORMATION
This ordinance will allow $510,000 from the General Fund unreserved retained earnings to be
expended and subsequently reimbursed with Certificates of Obligation.
Respectfully submitted:
Bryan Langley
Director of Finance
~:IOur Documentslardinan~es14S1Reim~u~se~n~nt-parks & rec,doc
ORDINANCE ND.
AN ~RDINANE ~F THE CITE ~F DENTIN, TEAS, T~ DECLARE THE INTENT TO
R~IlVIBURE EXPENDITURES FR~II~ THE UNRESE~"~ED FUND BALANCE ~F THE
GENERAL FUND KITH ~ERTIF~ATES ~F ~BLIATI~N NTH AN AC~EATE
~IUM PRINCIPAL AlVIOUNT EQUAL T~ $5~~,~~a ~ THAT THE PARKS AND
~EEAT~~N DEPARTII~ENT SAN AUIl~E LAND FAR A NEB REI~NAL PAS;
AND PR~IDINC~ AN EFFETE DATE.
HEI~EA, the pity of Denton the "Issuer"} a municipal corparationlpolitical ~
subdivisian of the state of Texas; and
AREAS, the Issuer expects to pay expenditures related to the acquisitian of land far
the pity of Denton Parks and Recreation Department, which vas approved ire the ~0~7-~00~
Adopted budget and the ~a07-~8 capital I~npravement budget; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures mill be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention, . accordance with the
provisions of ectien 1. t 5~-2 Treasury Regulations, to reimburse itself far such payments t
such tune as it issues the obligations to finance the Projects; N~, TIREF~RE,
THE OUNIL QF THE CITY ~F DENTON HEREBY ORDAINS:
SETI~N I. The Issuer reasonably .expects to incur debt, as one ar mare series of
obligations, with an aggregate maximum principal amount equal to SI~,a~a far the purpose of
paying the costs of the acquisition of land for the ne~v regional park.
ETION A1l casts to be reimbursed pursuant hereto v~ill be for the acquisition of
land for the pity of Denton Parks and Recreation Department as authorised by Section
2~1.a~4~~a}~1} of the Teas Laval Covern~nent fade. No tax-exempt obligations v~iXl be issued
by the Issuer in furtherance of this ordinance aver a date which is later than I S ~nanths after the
later of ~ 1 }the date the expenditures are paid, or ~2} the date an which the property, vwith respect
to which such expenditures are made, is placed in service. That all anaaunts expended from the
Unreserved Fund Balance of the General Fund for the land acquisition to pay any casts of the
laud acquisition shall be reimbursed from ertifcate of obligation band proceeds within. the
2aa7~a0S fiscal year.
SECTION The foregoing notwithstanding, na tax~exerript obligation mill be issued
pursuant to this Ordinance more than three years aver the date any expenditure which is to be
relrribUrsed is pa1d. .
SECTION 4. This Ordinance shall became effective inunediately upon its passage and
approval,
i
S:l~ur Documer~tsl~rdi~ances1081Reimbur~ement parks & r~c,~~c
PASSED A~TD APPROVED thus the day ~f , 2~~~.
ATTEST;
1E~'ER SALTERS, CITY ERETAR
BY:
APPROVED A TO LEOA~L EOR~VI; .
JOIN 1VI. KNIC~~IT~ INTERN CITY ATTORN~E~
E'Y:
Page ~ of ~
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Parks and Recreation
ACM: Fred Greene
SUBJECT
Consider adoption of an Ordinance approving a Purchase and Sale Agreement between Petrus
Investments, L.P. as Seller and the City of Denton, Texas as Purchaser for approximately
196.467 acres of land situated in the B.B.B. & C. Railroad Company Survey, Abstract No. 160,
in the city of Denton, Denton County, Texas; authorizing the expenditure of funds; and providing
an effective date.
BACKGROUND
Regional parks are places for recreation, education, and rejuvenation. They provide for a vast
array of recreational activities.
In the 2005 bond programs, voters approved $4.4 million for regional park land acquisition. The
project as presented and approved by the CIP Citizens Advisory Committee was for the
acquisition of land for a citywide regional park in far south/southwest Denton, where significant
residential growth is occurring, such as Robson Ranch, Inspiration, and the Cole Ranch Master
Planned Communities. The park land was to be purchased and developed as the next major
athletic field complex in the city, and would be master planned to include a state of the art
recreation center, and other active recreation facilities.
Staff has had recurring interactions with the property owner, Petrus Investments, L.P., since the
fall of 2006, in relation to purchasing approximately 200 acres for a regional park site at the
Northwest corner of Allred Road and Bonnie Brae Streets. The City and property owner have
recently come to terms on price and conditions for this acquisition. The acquisition cost is
consistent with market area acreage values in the area at $25,000 per acre. This tract will provide
adequate land area for the new Regional Park which will be an asset to the city of Denton, its
residents, and generations to come.
RECOMMENDATION
Staff recommends adoption of the ordinance.
Agenda Information Sheet
July 15, 2008
Page 2
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council Executive Session September 2006.
FISCAL INFORMATION
The acquisition cost is estimated at $5,000,000 in addition to anticipated closing costs and
Environmental Phase I Reporting of approximately $10,000. The funding sources for this
acquisition are $4,400,000 from the 2005 Capital Improvement Projects Fund, $510,000 from
Certificates of Obligation, and the remaining funds will come from Park Dedication Funds.
EXHIBITS
1. Location Map
2. Ordinance
Respectfully submitted,
Emerson Vorel, Director
Parks and Recreation Department
Prepared by
Pamela England
Real Estate Specialist
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PETRUS INV LP
197.73 Acres
ACCRED
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oRDINANE N~.
AN ~RDrNANE APPR~VIN A PURCHASE AND SALE AREEIVIENT BETWEEN
PETRU INVESTl1~ENT, I~,P. A EIILER AND THE CITY ~F DENTON, TEXAS A
PURCHASER FAR APPR~XIlVIATELY 1~.4~7 ACRES OF SAND SITUATED IN THE _
B.Q.B. . RAIIIR~AD ~~1VIPANY SURVEY, ABSTRACT N~. I IN THE CITY qF
DENTIN, DENTIN AUNTY, TEXAS; AUTH~RI~IN THE E~PENDITUE ~F FUNDS
AND PR~VIDIN AN EFFECTIVE DATE.
THE ~UN~IL OF THE CITY ~F DENTDN HEREBY ORDAINS:
ETI~N ~ . The Purchase and Sale Agreement attaehed hereto ar~d node a pert hereof
by reference ~ the "Agreement"~ 1s hereby approved. The City Manager or his de~igr~ee is hereby
authorised to execute the Agreement on behalf of the its a~ad to carry out the pity's rights and
duties therein, including the expenditure of funds provided therein.
ETI~N 2. This ordinance sha11 becorrie effective i.ediatel~ upon its passage and
ppraval.
PAED AND APPROVED this the day of , 0~8.
IVIARI~ A. BURRDUHS, MAYOR
ATTEST:
JENNIFER MITERS, CITY SECRETARY
BY;
APPROVED A T~ FORM.
JOHN ll~. I~NIHT INTERIlVI CITY ATTORNEY
BY.
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PURCHASE AND SALE AREEMEiVT
This Purchase and dale Agreement this "Contract"'} is entered into by THE CITY CF DEIVTDN, TEr, a Texas municipality ~"Purchaser'"}, and PETRU INVESTMENT,
L.P., a
Texas lir~ited parknership ~"ellet~"~.
ARTICLE ~
AGREEMENT ~F PURCHASE AND SALE
1. ~ Agreement of Purchase and Sale. For the consideration and upon and subject to
the terns, provisions and conditions hereinafter set forth, Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, an approximately
boo gross acre
tract of land situated in Denton County, Texas, generally hovun on the attached Exhibit "A",
uuhich is made a part hereof for all purposes, together with, all and singular, the rights and
appurtenances pertaining to such real property the '"Pro art
~ Mineral Reservation. There shall be reserved from the conveyances hereunder far
Seller and Seller's successors and assigns, all of Seller's interest in the oil, gas, and other
minerals that are !n and under the Property and that may be produced from it; rovided,
ho~ever, that Seller shall not have any right to the surface of the Property, including ~vuithout limitation} any right to enter onto or occupy any part of the surface of
the Property to conduct
any operation or activities of any type or nature to develop, produce or explore for oil, gas ar
other minerals. Such mineral reservation shalt be reserved in the Deed thereinafter defined}
and shall be a Permitted Exception thereinafter defined}.
ARTICLE ~
PURCHASE PRIDE
~ Purchase Price. The purchase price to be paid for the Property the '"Purchase Price"} shall be ~~,ODO.oo per gross acre. The Purchase Price is payable
in cash or other
Immediately Available Funds at the Closing thereinafter defined.
ARTIDLE 3
CONTRACT CONSIDERATi~N AND EARNEST MONEY
~ Contract Consideration. Contemporaneously Frith the execution and delivery of
this Contract, Purchaser has delivered to Seller and feller hereby aclcno~rledge the receipt of
check in the al~ount of Dne Hundred Dollars ~~00.00} ~"~~tion Consideration"}, ~rhich amount
the parties bargained far and agreed to as consideration for Purchaser's exclusive right to
inspect and p~,rchase the Property pursuant to this Contract and for Seller's execution, delivery
and performance of this Contract. The Option Consideration is in addition to and independent
of any other consideration or payment provided in this Contract, is nonrefundable, and It Is fully earned and shall be retained by Seiler notithstandil~g any other provision
of this Contract.
Earnest Money;_ Amount and Payment. Cn the Effective Date thereinafter
defined, Purchaser shall deliver, in cash or Imt~ediately Available Funds has hereinafter
defined}, the amount of ~o,ooo.oo the "„Earnest Money"} to Republic Title, ~~2~ Houvell Street,
10t~ Floor, Dallas, Texas 7b2~~4, Z~4.855.88~8, Attn: Paulette Hubbard the "Title Com~an~r"}.
The Title Company shall deposit the Earnest Money in a daily access interest bearing account
at a financial institution whose accounts are insured by the Federal Deposit Insurance
corpora#ion, with interest thereon to became pert of the Earnest Money. The timely delivery of the initial Earnest Money is a condition precedent to Seller's obligations
hereunder, and the
failure of Purchaser to timely deliver such initial Earnest Money as provided for herein shall at
Seller's option cause this contract to be terminated, and thereafter neither party shall have any
further right or obligation under this antract, unless expressly provided otherwise in this
contract. The Earnest Money, unless earlier returned to Purchaser or unless delivered to Seller
as herein provided, at Purchaser's option either shall be applied to the Purchase Price ar
returned to Purchaser at the ~[osing, As used herein, the #er "Irnrr~ediately Available Funds"
shall mean payment by cashier's check ar certified check drawn on a national banking
association acceptable to Seller or by wire transfer of Imr~ediate[y Available Funds.
ARTICLE 4 DELlIIERY OF SURVEY AND TITLE ~oIM1Ti~lENT~
SURVEY AND TITLE RE111EI~f
4. ~ Iterr~ to ~e Delivered ~y Seller. vl~ithin ~ ~ days after the Effective Date, Seiler shall provide Purchaser, at Seller's sale cast and expense with ~a}
a current cor~n~ritment for the
issuance of an owner policy of title insurance to Purchaser from the Title company, including
true, correct and, to the extent reasonably available from the public records, legible copies of all
instruments referred to in the commitment as conditions or exceptions to title to the Property,
collectively, the "Title commitment"} and fib} a current boundary survey of the Property
prepared by a duly~iicened Texas land surveyor the "Survey"}. The legal description in the
Survey, if different from the attached Exhibit A, shall automatically be substituted as a new
Exhibit A to this antract. In addition, within ~ ~ days after the Effective Date, Seller shall deliver
to Purchaser for make available to Purchaser at Seller's offices copies of any existing
environr~ental and~or engineering studies relating to the Property #o the extent available and within Seller's actual possession ~collec#ively, the "Property Documents"}.
The Property
Documents made available without representation by Seller or recourse to Seller, and
Purchaser relies on the Property Documents at its oven risk. vUithout limiting the generality of
the foregoing, Purchaser acknowledges that Seller has made no representations express or
irr~plied} regarding the accuracy of the Property Documents, the qualifications of the parties
preparing such information or the conclusions set forkh therein. Notwithstanding the foregoing, if
Purchaser fails to acquire the Property for any reason {other than default ~y Seller}, Purchaser
shall pay far the cast of the Survey which amount shall be deducted from the Earnest Money
before it is refunded to Purchaser if Purchaser is entitled to receive the Earnest Money pursuant
to the terms hereof, or if the Earnes# Money has previously been refunded to Purchaser, Purchaser shall pay for the cost of the Survey upon being presented vuith
an invoice therefar~,
even though such payment obligation is not repeated in the provisions of this contract providing
for the return of the Earnest Money. Notwithstanding anything to the contrary contained herein,
Purchaser's obligation under the immediately preceding sentence shall survive the termination
of this Dontract,
4.2 Tife Review Period. After receipt of the last of the Title Commitment and Survey,
Purchaser shat[ have a period of ~4 days from such receipt to review the state of Seller's title to
the Property the "Title Review Period"}. if the Survey or Title Commitment reflects or discloses any defect, exception or other matter affecting the Property ~"Title Defects"}
that is unacceptable
to Purchaser for any reason whatsoever, then, prior to the expiration of the Title Review Period,
Purchaser may provide feller wi#h written native of its objections. Seller may use its reasonable
efforts to remove or cure the Title Defects, but shall not be required to incur any costs ar to
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institute litigation in doing so. !f Seller does not cure any or all of Purchaser's v~rritten objections on or prior to the expiration of the Inspection Period thereinafter
defined}, as evidenced by
Seller's delivery of an upda#ed Title Cor~r~itrnent and~or Surve}~ for other written evidence from
the Title Company andlor surve~ror} reflecting the cure of Purchaser's objections, then, prior to
the expiration of the Inspection Periodr Purchaser, as its sole remedy may terminate this
Contract by giving written termination notice to Seller. Notwithstanding anything to the contrary
in this Contract, if Purchaser fails to terminate this Contract by giving written termination notice
to Seller prior to the expiration of the Inspection Period, then any Title Defects that Seller has
not cured and which are shown on the Survey or the Title Comr~itment as such may have been
updated as of the expiration of the Inspection Period shall be deemed to be waived and
accepted by Purchaser and shall be "Permitted Exceptions"~ If Purchaser terminates this
Contract as provided for herein, the Title Company shall promptly return the Earnest Money to Purchaser, and neither Seller nor Purchaser thereafter shall have any further right
or obligation
under this Contract unless expressly provided otherwise in this Contract. In no event may the
failure of Seller to deliver a Title Car~mitrnent or a Survey satisfying the requirements of Se
41 extend the period for review of such Title Commitment or Survey beyond the Inspection
Period, and Purchaser's sale remedy for any such failure shall be to terminate this Agreement
prior to the expiration of the Due Diligence Period in accordance with the provisions of Section
~.1. Purchaser shall ~rotify Seller in writing of any failure of the Title Commitment ar Survey to
satisfy the requirements of Section 4. ~ during the Title Review Period, and if Purchaser fails to
do so, the Title Commitment and Survey will be deemed to satisfy such requirements. Vl~ith
respect to ~A} any title exceptions which existed prior to the effective date of the Title Commitment and which are discovered by the Title Company far the first
time after Purchaser
has received the Title Commitment, and ~B} any title exceptions which arise after the effective
date of the Title Commitment which are not caused by Seller or uvhich are not otherwise
Permitted Exceptions, Seller shall reasonably cooperate with the Title Company in the
elimination of such title exceptions abut shall not be required to incur casts or to institute
litigation to eliminate said title exceptions}, the Closing shall occur as scheduled, and said title
exceptions Ito the extent not elir~inated} shall be additional "Permitted Exceptions", unless
Purchaser, as its sole and exclusive remedy, terminates this Contract by giving written notice to
Seller an or prior to the later of: ~i~ five days after the Title Company gives Purchaser written
notice of such title exceptions, or iii}five days after Seller delivers written notice to Purchaser of the additional exceptions described in ~A~ ar ~E~ above that Seller will
not cure, in which event
Purchaser shall receive a refund of the Earnest Money, and the parties hereto shall have no
further right or abligatian to each other under this Contract except as otherwise expressly
provided in this Contract.
ARTICLE
INaPETI~N
Inspection Period, Purchaser shall have 0 days following the Effective Date the "Ins action Period"} in which to review the Property and to determine whether the
Property is
suitable far Purchaser's needs. In the event that Purchaser, in its sole and absolute discretion
and far any reason whatsoever, determines that the Property is not suitable for its needs, then
Purchaser may terminate this Contract by giving written termination notice to Seller on or prior
to expiration of the inspection Period, whereupon the Title Company shall promptly return the
Earnest Money to Purchaser, and neither Seller nor Purchaser thereafter shall have any further
right or obligation under this Contract unless expressly provided otherwise in this Contract, If
Purchaser does not terminate this Contract a provided above, Purchaser shall be deemed to
have waived its right to terminate this Contract under this section and to have accepted the
3
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Property, the Title Cammit~nent has such may have been modified pursuant to section ~ above} and the Survey and the Earnest lVlaney shall became non-refundable to Purchaser.
ARTICLE G
REPREa~IVTATI~NS ANA ~~11E1~ANTa
~ Red„reentations of aei~er. feller makes the follav~rin~ representations ~s of the
date of this antract:
~a} hla condemnation proceedings, eminent domain proceedings or similar
actions ar proceedings are now pending ar, to Seller's current actual knowledge, threatened against the Praperky and there are na proceedings pending ar,
to Seller's
current actual knowledge, threatened far rezoning or otherwise changing the land use of
the Property.
{b} Seller has received na na#ice of any legal actions, suits, or other legal ar
administrative proceedings, pending ar threatened, against ar affecting the Property.
{c} Seller is duly and legally authorized to enter into this ~antract and to carry
cut and perform all covenants to be performed by it hereunder, and, subject to the Acknowledgment. of ~perian amr~unities, i~LLP, attached hereto and
rude a part
hereof, its right to execute this antract is not limited by the existence of any other
contracts ar agreements whatsoever. The joinder of na person ar entity other then
Seller gill be necessary to Canvey the Property fully and completely to Purchaser at
closing. Seller is duly authari~ed and qualified to conduct business in the State of
Texas.
~d} Ta Seller's current actual knowledge, ~a} there does not exist in ar an the
Property any land fills, taxis ar hazardous waste ar waste disposal sites, radon gas,
asbestos, fault lines, sinkholes ar other adverse sail ar geological conditions and fib} there are na hazardous materials ar wastes has said term is defined in 40
~.~'.R.
that have been released anti ar in the Property.
The term "Seller's current actual knowledge" and terms of similar impart shall mean the actual
current hand not constructive} knovuledge of Steven 1-lau~ard without any independent inqu[ry ar
investigation by such person, and any reference to Seller's receipt of "notice" shall mean the
receipt of notice by Steven Howard; provided, however, that Steven Howard shall have no
personal liability in connection Frith any representations ar warranties of Seller. The
representations, covenants, and warranties of Seiler contained in this contract shall survive the losin far a eriod of six months "Survival Period" , Purchaser must natif
Seller in writin of
9 p ~ } y 9 any claim ar cause of action for a breach of any representation, covenant or warranty not later
than ~ days after expiration of the Survival Period, and any clair~ or cause of action including,
without limitation, a cause of ac#ian far specific performance} brought with respect to a breach
any representation, covenant ar warranty {each, a "recovery ~ctian"~ must be asserted not later
than two years and one day after the expiration of the Survival Period, Time is of the essence
with respect to the foregoing time periods, and any claim ar cause of actiafr not timely raised in
a notice and asserted shall be barred. Purchaser agrees that, with respect to any alleged
breach of representations, covenants or warranties in this contract discovered niter the survival
Period, the maximum liability of Seller far all of such alleged breaches is iirnited to one Hundred Dollars ~1~~}. The provisions of this Bastian shall survive the lasing.
The remedies for
4
any breach of a representation, covenant or warranty that occurs prior to lasing shall be
governed by Article
~.2 Re reentatians of Purchaser.
~a} Purchaser represents to Seller that it has authority to enter into this
transaction and the person signing an behalf of Purchaser i authorized to do so, and ~b}Purchaser has been represented by causee! selected safely by Purchaser and is
not
in a disparate bargaining position relative to Seller.
{b} fVotwithstanding anything herein to the contrary, any breach by Purchaser
of any of the foregoing representations or warranties shall constitute a default by
Purchaser hereunder, and Seller may thereupon, at its option, terminate this contract by
giving vuritten native thereof, in which event the earnest Nlaney shall be paid to Seller as
liquidated damages, and neither Purchaser nor Seller shall have any further rights or
liabilities hereunder, except s otherwise provided herein
ove~an~ and,,,A~reements. Seller and Purchaser covenant and agree as follov~rs:
~a} Provided this antract has not terminated, Seller shall give Purchaser
and Purchaser's agents and representatives access to the Property in order to make
such inspections, surveys, test borings, sail analyses and other tests and surveys
thereon as Purchaser, in its reasonable discretion, shall deem advisable. The cast and
expenses of Purchaser's investigation shall be borne solely by Purchaser. Purchaser
shall deliver to Seiler, promptly after receipt thereof, copies of all engineering reports,
environmental reparks, sail tests and other studies, tests and reports obtained b Purchaser with respect to the physical condition of the Property, and this obligation
shall
survive the termination of this ~cr~tract. In connection vwrith any entry upon the property
by Purchaser or Purchaser's representatives, to the fullest extent permitted by applicable
lain, Purchaser and Purchaser's representatives shall, to the extent permitted by law,
indemnify, protect, defend, and hold harmless Seller and Seller's Partners, successors,
assigns, heirs, legal representatives, employees, agent, and contractors ~coliectively,
"Inderr~nitie"~ for, from and against all liabilities, claims, damages, lasses, liens, causes
of action, suits, fines, penalties, costs, charges, judgments, orders, enforcement actions
of any kind, and any other casts and expenses in connection therewith including, but not limited ta, courk casts, attorneys fees, and expenses and costs of investigation,
of
any nature, kind or description of any person ar entity ~callectlvely, the "Liabilities"}
directly ar indirectly arising out of, caused by ar resulting from din whale or in part} ~~}the
viewing, inspecting and studies of the property conducted by Purchaser or Purchaser's
representatives the "111I~rk"}, ar any part thereof, or violation of any applicable
environmental, health, or safety lava, rule, ar regulation applicable to the property ar the
work, including property damage, personal injury to Purchaser andlar Purchaser's
representatives ar~d any mechanic's or material men's liens arising out of ar related to
the Vvork. This indemnity covenant shall survive the closing or any termination of this
antracfi and shall not be subject to the limitation of rerr~edies in Section 9.~ of this ~antract. Purchaser is self-insured. Purchaser shall use its
best efforts to minimise
dar~age to the Property and shall cause the Property to be restored to substantially the
canditiorr existing immediately prior to entry thereon by Purchaser, its agents,
representatives and contractors if the losing does not occur which abligatian shall
5
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survive the terminatiar~ of this Contract and shall not be subject to the limit~tlon of
remedies in Section of this ontract~.
fib} At the Closing, Seller shall deliver to Purchaser an affidavit in compliance
with Section X445 of the Internal Revenue Code and applicebfe regulations stating,
under penalty of perjury, Seller's United States taxpayer identification number and that
feller is not a "foreign person" as that tern is defined in Sectlan 144 ~"Nan-Forei n
Aft„~.
ARTfDL~ ~
~NDEI~NATIOIV
l.1 ondemnst~on. If prior to the Closing, condemnation proceedings are commenced
with respect to s material portion of the Property, Seller shall promptly notify Purchaser, and
Purchaser may terminate this Contract Icy giving a written terninat`ran native to Seller within ten
days afker receiving such notice frarr~ Seller. The term "material portion" far the purposes of the
immediately preceding sentence shall mean dive percent or mare of the grass Bares contained in
the Property. If Purchaser does not terminate this Contract as provided shave, any s~rard in
condemnation shall became the property of Seller, and if the award is received by Seller prior to
the Closing, the Purchase Price shall be reduced by the amount Seller receives fran such j
condemnation sward, and the condemned Isnd shall not be included in the feed ar be part of
the Property. In the event of a termination by Purchaser, the Earnest fUloney shalt be irnmedistely refunded to Purchaser, and Seller and Purchaser thereafker
shall have no further
rights or obligations under this Contract unless expressly provided otherwise in this Contrect. If
Purchaser closes under this Contract prior to any condemnation award being paid to Seller, the
Purchase Price shall not be reduced as the result of such condemnation, but Purchaser shall be
entitled to the condemnation award.
ARTiC~ 8
CL~SIN
Time ar~d Pace. The sale and purchase of the Property shall be consummated at a
closing the "Cl"} to be held at the ofl:ices of the Title Company. The ~lo~ng shell occur at
~ O:~a a.m. Central Time an August ~ 5, ~~a, unless an earlier date is agreed to in writing by the
Seller end Purchaser the "Closing Date's}; provided, however, in the event that the parties
agree that tie Closing shall fie held on a date that is prior to the expiration of the inspection
Period, the inspection Period shall automatically expire on such earlier Closing Bate.
8.~ Items to be Delivered b Seller at the Closin . At the Closing except as
otherwise pravided below}, Seller shall deliver ar cause to be delivered to I~urchsser, at Seller's sale cost and expense except as otherwise pravided in this Section each
of the fallowing
items:
A special wsrr~nty deed duly executed and aclcnawledged by Seller, in
form of attached Exhibit "f~" the "Deed"~ and incorporated herein by reference,
conveying unto Purchaser good and indefeasible fee simple title to the Property, free
and clear of any liens, encumbrances, easements or other natters affecting title to the
Property except the Permitted E~cception.
fib} An Cwner's Policy of Title Insurance the "Title Polic delivered in due
course by the Title Company after the Clasingr issued by the Title anpany on the
i
standard form in use in the State of Texas, insuring good and indefeasible fee sir~ple
title to the Property in the Purchaser in a face amount equal to the Purchase Pride and containing na exceptions except the Permitted Exceptions and the standard
printed
exceptions therein, except:
~i~ if requested by Purchaser, the exception relating to
discrepancies, conflicts or shortages in area or boundary lines or any
encroachment ar overlapping of improvements which a survey might
show shall be deleted except for "shorkages in arse" with the premium for
such deletion to be paid far by Purchaser; and
~ii~ the exception as to standby fees and taxes shall be limited to standby fees and taxes far the year of Closing and subsequent years,
and subsequent assessments far prior years due to changes in land
usage or ownership; and
~c} A Non~Foreign Affidavit as set forth in Section b .
8. ~~e_m~,to, be ~elivered.,by Purc~aser,,.a~ the ~iosing. At the Closing, Purchaser
shall deliver or cause to be delivered to Seller the Purchase Price subject to the credit of the
Earnest Money if Purchaser elects to apply the Earnest tUloney to the Purchase Price} in all cash or other Immediately Available Funds
8.4 ,~dju,,,trnent and Pro,rat_. At the Closing, the following items shall be adjusted
or prorated between Seller and Purchaser;
~a} Ad valorem taxes and assessments for the Property for the current
calendar year shall be prorated as of the Clasing Date, and Seller shall pay to Purchaser
in cash at the Clasing Seller's pro rata portion of such taxes and assessments. Seller's
pro rata portion of such taxes and assessments shall be based upon taxes and assessments actually assessed far the current calendar year or, if for any reason
such
taxes and assessments for the Property have not been actually assessed, such
proration shall be based upon the amount of such taxes and assessments far the
immediately preceding calendar gear and later adjusted by cash settlement when actual
d va#orem taxes and assessments far the year of the Clasing are assessed. Purchaser
is a tax exempt governmental entity and therefore no subsequent tax assessments of
the Property for periods prior to the Clasing Date due to changes in land usage or
ownership vuiil be due. Except as otherwise provided herein, each party shall pay its
share of all other closing costs as is normally paid by a seller or purchaser, respectively,
in a transaction of this character in Denton County, Texas.
fib} The agreements as to payments, prorations, adjustments and inderr~nities
in this section shall survive the Closing. In the event that any adjustments are to be
made pursuant to this section after the Clasing, then the party who is entitled to
additional manias shall invoice the other parley for such additional amounts as may be
owing, and such amounts shall be paid within ten days from receipt of the invoice.
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ARTICLE 9
REI~ED~ES UPON DEFAULT
9.1 Def~lt ~ Sel~e~. !n the event of a breach or default by Seller in the performance of
its covenants under this Contract except a a result of a default by Purchaser}, and the
continuation of such breach or default far ten days after written notice thereof has been given by
Purchaser and received by Seller {the "Notice and Cure Periad'~}, Purchaser shall have the right,
as its sale and exclusive remedy with respect to such breach ar default, to terminate this
Contract by giving written notice thereof to Seller, whereupon neither party shall have any
further rights or obligations under this Contract except as specifically provided otherwise in this
Contract, and the Title Company pror~ptly shall deliver the Earnest Money to Purchaser, unless
Purchaser elects Eby giving written notice the "Election Notice"} to Seller within 45 days after the expiration of the Notice and Cure Period and by filing a lawsuit
for specific performance
within o days after the expiration of the Notice and Cure Period}, to enforce specific
performance of Seller's obliga#ions under this Contract and accept such title a Seller is able to
convey in accordance with Section 4.~ hereof, in which event Purchaser's pursuit of such
specific performance remedy shall be Purchaser's sole and exclusive remedy. Notwithstanding
the foregoing ~i} Seller shall not be entitled to receive written notice and aten-day opportunity to
cure in connection with Seller's default in closing the transaction contemplated hereby an the
Closing Date pursuant to Sectiorr 8. ~ ,and iii} in case of such default by Seller in failing to timely
close, the Election Notice must be given within days following the Closing Date provided for
in Section 8.~, and any lawsuit for specific performance must be filed cif Purchaser elects #o
pursue such rer~edy} within 9g days following the Closing Date provided for in Section ~ . Notwithstanding anything to the contrary contained herein, Purchaser's
failure to give the
Election Notice and file a lawsuit for specific performance within the applicable time periods set
forth above shah constitute an irrevocable election by Purchaser not to pursue its remedy of
specific perforr~ance, in which event this Contract shall automatically terminate,_the Title
Company promptly shall deliver the Earnes# Money to Purchaser, and neither part~r shall have
any further rights or obligations under this Contract except as otherwise expressly provided in
this Con#ract. Except as otherwise provided in Section in no event shall Seller be liable to
Purchaser for damages whether actual, speculative, consequential, punitive ar otherwise}for a
breach or default in the performance of Seller's covenants under this Contract.
.2 Default b Purchaser. In the event that performance of this Contract is tendered by
Seller and the sale is not consummated through default by Purchaser, then Seller, as Seller's
sole and exclusive remedy, shall have the right to terminate this Contract by giving written
notice thereof to Purchaser, whereupon the Title Carnpany shall deliver the Earnest Money to
Seller, free of any claims by Purchaser, a liquidated damages, and neither party hereto shall
have any further rights or obligations under this Contract except as specifically provided
otherwise in this contract. The Earnest Money is a good faith estivate of actual damages that
Seller vuould suffer and shall be liquidated damages for default of Purchaser because of the difficulty, inconvenience and uncertainty of ascertaining Seller's actual
damages for Purchaser's
failure to close this Contract.
9~ Dama es. If the Closing occurs, each party shall have the right to pursue its actual
damages against the other party ~i} for a breach of any covenant contained herein that is
performable after or that survives the Closing including the indemnification obligations of the
parties contained this Contract}, and. ~ii~ fcr a breach of any representation ar warranty rude by
the other party in this Contract ~sub~ect to the six month limitation an survival set Earth in Section
~ above}. !f the Closing does not occur, ~A} each parley steal I have its respective rights and
remedies under Section 9.1 and Section 9.~, as applicable, and ~E~ each party shall have all
8
i
available remedies against the other party far a breach of the other party's obligations contained in this contract that are expressly provided herein as surviving the termination
of this contract,
but neither party shall have any right to pursue any rer~edy against the other party on account
of a breach of the other party's representations and warranties set forth herein. In no event
shall either party be liable for any speculativet consequential ar punitive damages.
ARTILY 1 D
MI~LLANEOU
10. ~ No=. Any notice, demand or ether communication required to be given or to
be served upon any parry hereunder shall be void and of no effect unless given in accordance with the provisions of this section. All natives, demands or other communications
must be in
writing and delivered to the person to whoa it is directed, either ~i~ in person or iii} delivered by
a reputable delivery service that provides a delivery receipt, ar by fax. Any notice, demand ar
other cor~munication shall lie deemed to have been given and received when delivered to the
below stated address of the party to whom it is addressed. All notices, demands and other
communications shall be given to the parties hereto at the following addresses:
feller: Petro Investment, L.I'.
clo Hillwood Development company, LLD
54o LB,~ Freeway, quite SgD Dallas, Texas 7~~4g
Attn: Steven Howard
Fax No.~g~~} ~01~~889
E-mail: Steven, howardhillwaod.com ~i~i~ni~nn..rn~~ rmr rr- , M.y
vuith copy to: Hillwaod Development company, LLB
4a LJ Freeway, quite 800
Dallas, Texas 7b~40
Attn: Steve vvilkinson
Fax IVo. ~9~~} ~0~-889 E~r~ail: steve.wilkinson hilfwood,com
with copy to: Aperion an~munities, LLLP
~8~5 East Medfield Road, quite ~ 00
Scottsdale, Arizona 85~~0
Attn: Gary Lane
1=ax Igo. 480-9~1-84~ 4
~ E-mail: garylaicpa avl.com
9
Purchaser`: City of Denton Pam add this info including fax nos. Real Estate and Capital Support
901-A Texas Street
Secar~d Floor
Denton, Texas ~~~01
Attn: Pamela England
Fax No, ~~40} 349-895 ~
E-mail: Pamela.engfand acityofdenton.com
Frith copy to; City of Dentan
City Attorney 215 E. lUlcKinrrey
Denton, Texas 7G201
Attn: Edwin Snyder
Fax No. ~940~ 3~2-7g23
E-mail: Edwin,snyder~cityofdenton,corn
Any party entitled to receive notices hereunder may change the address for notice specified
above by giving the other party ten days' advance vuritten notice of such change of address.
1D.2 Survival. All covenants in this Contract providing for performance after the
Closing shall survive the Closing.
10.3 Binding Cor~trac#, Law This Contract shall be binding upon and shall inure to
the benefit of the parties hereto, their successors and assigns. ether than to a related party or
entity, Purchaser may not assign this Contract ~rithaut the prior written consent of Seller. This
Contract may be assigned by Seller to one or more successor owners of the Property or a
portion thereof and, upon the assignment of this Contract by Seller, Seller shall have na further
liability hereunder provided that the assignee assumes the obligations of Seller under this
Contract. In addition, this Contract may be assigned by Seller to Aperion Communities, LLLP or
its designated related entity.
1 ~.4 In#er retatron and licab~e Law and Venue. THIS CONTRAST SHALL BE
CONSTRUED AND INTERPRETED IN AOO~RDANOE WITH THE LAWS OF TIE STATE DF
TE~iAS. This contract is fully performable in Dentan County, Texas. Exclusive venue for any
ac#ion to enforce or interpret this contract shall be in a Denton County court of competent
jurisdiction. U1Jhere required for proper interpretation, uvor`ds in the singular shall include the
plural, and the masculine gender shall include the neuter and the feminine, and vice versa. The
descriptive headings of the articles, sections and paragraphs contained in this Contract ere
inserted for convenience only and shall not control or effect the meaning or construction of any of the provisions hereof, The tern "including," and compounds of the
word "include," ~rhen
preceding a lithall be deemed to mean "including butnot limited to,"
10.5 Arnendrnent~Waiver. Except as provided above vuith respect to the
automatically substituted Exhibit "A'r Property description, this Contract may not be modified or
amended, except by an agreement in uuriting signed by the Seller and the Purchaser. The
parties nay waive any of the conditions contained herein or any of the obligations of the other
party hereunder, but an}r such waiver shall be effective only if in writing and signed by the party
uvaiving such conditions or obligations.
10
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~ O. At~~rne~' Fees. In the event either party files ~ lawsuit in connection with this
Contract or any provisions contained herein, then the porky that prevails in such action shall be entitled to recover from the non-prevailing party, in addition to all other remedies
or damages a
limited herein, reasonable attorneys' fees and costs of court incurred in such lawsuit. This
covenant shall survive the Closing ar termination of this Contract.
Entire ~~reement. This Contract has amended pursuant to Section 4.1 }
constitutes the entire agreer~ent between the parties pertainin to the sub'ect matter hereof and ~ J
supersedes ail prior and conter~poraneaus agreements and understandings of the porkies in
connection therewith Unless set forkh in this Contract, na representations, warranties,
covenants, agreements ar conditions shall be binding upon the parties hereto or shall affect ar
be effective to interprets change or restrict the provisions of this Contract.
~ 0.8 Multi le counter arts. This Contract may be executed in two or mare separate
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the carne instrument. Signatures on caunterpark of this Contract that are
transmitted by fax shall be deemed effective far ail purposes.
X0.9 D=. If, pursuant to this ~or~tract, any date indicated herein fails on a holiday
ar a Saturday or Sunday, the date so indicated shall mean the next business day fallowing such
date. The term r`I~oliday" shall mean any day on which state or national banks are not open for business in the State of Texas. The'~~ffective Date" of this Contract shall be
the date on which
it is fully executed by the last of Seller or Purchaser to da sa.
10. ~ 0 brokers. ~[ntentionally deleted.
~ 0. ~ ~ Invatidi In case any one yr more of the provisions contained in this Contract
shall far any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Contract shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
10. ~ 2 Time of ~ssenoe. Purchaser and Seller acknowledge that time is of the
essence in this Contract.
10.E 3 1031 Treatment as Like-Find Exchan e. Purchaser and Seller acknowledge
and agree that Seller may desire to have its transfer of the Property to Purchaser qualify as a
deferred like-kind exchange within the meaning of Section 1031 of the Internal Revenue Code
of 190, as amended. Seller and Purchaser acl~nawledge and agree that heifer intends to
effectuate a deferred like-kind exchange through the use of an intermediary in the manner described in Treas. Reg. x.031{k}-1~g~{~}, example 4, or other applicable
provision. Purchaser
agrees to reasonably cooperate with Seller in effectuating such a deferred like-kind exchange
through the use of such an intermediary including consenting to an assignment of Seller's rights
under this Contract to an interrr~ediary. Purchaser, however, shall have no obligation to locate,
contract for ar take title to any praperky that Seller may wish to acquire ar to incur any
indebtedness or other obligation as a part of Purchaser's agreement to cooperate.
10.14 ~.ocatior~ of Flood Plain. Seller makes no representation or warranty, express
or implied, regarding the location of any 1 gg year flood plain ar the impact of a 1 ~o year flood
plain on the Property. Any casts ar expenses associated vuith the revision of the 100 year flood plain ar revision of the gear flood plain map, including ~a~ administrative and
filing expenses
for obtaining a conditional letter of map revision or letter of map revision, and fib} costs of
11
i
construction to revise the 1 year flood plain, shall he borne solely and exclusively by
Purchaser, and Seller shall have no liabilitytherefor.
10.E ~ A~. PURDHASER AK~fO1LEDES THAT Ei~CEPT FOR ANY EMPRESS
VI~ARRANTIES AND REPRESENTATIONS OONTAINED IN THIS DONTRAOT AND
SELLER'S SPECIAL I~VARRANTY OF TITLE CONTAINED IN THE DEEP, PUROHASER IS
NOT RELYING ON ANY WRITTEN, ORAL, IIIIIPLIED OR OTHER REPRESENTATIONS,
STATEMENTS OR 1~VARRANTIES BY SELLER OR ANY AGENT OF SELLER OR ANY REAL
ESTATE BROKER OR SALESI~lAN. ALL PREVNOUS VIfRITTEN, ORAL, IMPLIED OR
OTHER STATEMENTS! REPRESENTATIONS, WARRANTEES OR AGREEMENTS, IF ANY,
ARE NfEROED IN THIS CONTRACT. EEPT AS EXPRESSLY SET FORTH HEREIN,
SELLER SHALL HAVE NO LIABILITY TO PURCI•IASER, AND PURCHASER HEREBY REEEASES SELLER FROM ANY LIABILITY ~INCLUDINC CONTRACTUAL ANDIOR
STATUTORY ACTIONS FOR CONTRfBUTION OR INDEMNITY}, FOR, CON~ERNIN OR
RECARDINC THE NATURE AND CONDITION OF THE PROPERTY, INCEUDINO THE
SUITABILITY THEREOF FOR ANY ACTIVITY OR USE; ANY IMPROVEMENTS OR
SUBSTANCES LOI~ATEp THEREON; OR THE COMPLIANCE OF THE PROPERTY
'WITH ANY LAV1~S, RULES, ORpIIwIANCES OR REGULATIONS OF ANY GOVERNMENT OR
OTHER BODY. THE FOREGOING INCLUDES A RELEASE OF SE~.LER FROM CLAIMS
BASED ON SELLER'S NEGLIGENCE IN V~HOLE OR IN PART AND CLAIMS BASED ON
STRICT LIABILITY. aELLER HAS NOT MApE, pOES NOT MAKE AND E~CPRESSLY
DISCLAIMS, ANY WARRANTIES, REPRESENTATIONS, COVENANTS OR GUARANTEES, Ei~PRESSEp OR IMPLIED, OR ARISING BY OPERATION OF LAW, AS TO THE
MERCHANTABILITY, HABITABILITY, QUANTITY, QUALITY OR ENVIRONHENTAE
CONDITION OF THE PROPERTY OR ITS SUITABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR USE. PURCHASER AFFIRMS THAT PRIOR TO CLOSING
PURCHASER SHALL HAVE ~i}INVESTIGATED AND INSPECTED THE PROPERTY TO ITS
SATISFACTION AND BECOI~lE FAMILIARAND SATISFIEDI~VITH THE CONDITION OF THE
PROPERTY, AND ~Ii} MADE ITS OVIIN DETERMINATION AS TO {a} THE
MERCHANTABILITY, QUANTITY, QUALITY AND CONDITION OF THE PROPERTY,
INCLUDING THE POSSIBLE PRESENCE OF TOXIC OR HAZARDOUS SUBSTANCES,
II~ATERIALS OR I~ASTES OR OTHER ACTUAL OR POTENTIAL ENVIROl~N1ENTAL CONTAMINATES, AND THE PROPERTY'S SUITABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR USE. PURCHASER HEREBY ACCEPTS THE PROPERTY IN
ITS PRESENT CONDITION ON AN "AS IS", "VIfHERE IS" AND "WITH ALL FAULTS",
INLUDINO ENVIRONMENTAL, BASIS AND ACKNOVI~LEDGES THAT {i} VtifITHOUT THIS
ADEPTANCE, THIS SALE VI~OULD NOT BE MADE, AND ~i`r} THAT SELLER SHALL BE
UNDER NO OBLIGATION ~NHATSOEVER TO UNDERTAKE ANY REPAIR, ALTERATION,
REMEDIATION OR OTHER WORK OF ANY I~CIND VIIITH RESPECT TO ANY PORTIOf~ OF
THE PROPERTY. IF THE CLOSING OCCURS, PURCHASER AND ITS SUCCESSORS AND
ASSIGNS HAVE, ANp SHALL BE DEEMED TO HAVE, ASSUMED ALL RISK AND LIABILITY VIfITH RESPECT TO THE PRESENCE OF TOXIC OR HA~ARpOUS
SUBSTANCES, MATERIALS OR I~VASTE OR OTHER ACTUAL OR POTENTIAL
ENVIRONMENTAL CONTAMINATES ON, ~IITHIN OR UNDER THE SURFACE OF THE
PROPERTY, I~VHETHER KI~IOV~N OR UNKNOV~IN, APPARENT, NON^APPARENT OR
LATENT, ANp WHETHER EXISTING PRIOR TO, AT OR SUBSEQUENT TO TRANSFER OF
THE PROPERTY TO PURCHASER. SELLER IS HEREBY RELEASED BY PURCHASER
AID ITS SUCCESSORS AND ASSIGNS OF AND FROM ANY AND ALL RESPONSIBILITY,
LIABILITY, OBLiCATIONS AND DEATHS, KNOV~IN OR UNKNOWN, INCLUDING ANY
OBLIGATION TO TAKE THE PROPERTY BACK OR REDUCE THE PRIDE, OR ACTIONS
FOR CONTR~BUTlON OR INDEI~N~TY, THAT PURCHASER OR ITS SUCCESSORS AND
i
h
A~~Cfy I~IAY HAVE ACAINT SELLER OR THAT ~IAY ARISE IN THE FUTURE, BARED IN 1NHOLE OR IfV PART UPON THE PRESENCE OF TOiCI~ OR HAZAR~OUa
UBBTANE~, MATERIALS OR 1NATE OR OTHER ACTUAL OR POTENTIAL
ENIIIRONI~ENTAL CONTAfVfINATEB ON, li'VITHIN OR UNDER THE BURFA~E OF THE
PROPERTY, INCLUDING ALL RESPONSIBILITY, LIABILITY, OBL~AT~ONB AND LAIfUIB
THAT II~AY ARISE UIVaER THE COIVIPREHENaIIIE EN111RONNIENTAL REBPONE,
COfVIPENATION, AND LIABILITY ACT, A AII~EfVDED 42 U.Q.C. 9G~1 ET E~.
PURCHASER FURTHER ACI~NOVIILEDCEB THAT THE PROVISION OF THIS
PARAGRAPH HAIL BEEN FULLY EXPLAINED TO PUR~HA~ER AND THAT PURHAER
FULLY UNDERSTANDS AIVD ACEPT THE SAIUIE. THE PROVISIONS OF TH1
PARAGRAPH SHALL SURVIVE CLOaIN AfVD SHALL BE INCLUDED IN THE DEED
10.1 Car~fidentility. Purchases and f~urchaser's Representatives shalt use their hest
efforts to Deep, and cause their respective employees, agents, can#ractors and subcontractors
to ~Ceep confidential all information, materials, records, data, drawings, specifications,
engineering and other documents related to the lark the "Dacurnents"} and not disclose the
existence of the Documents or their contents to any person or entity, incfuding but not limited to
any federal, state, or local governmental agency, without the express written consent of feller,
Notwithstanding the forgoing Purchaser a a municipality must comply with the Texas Public
f nformation Act, Chapter 5bZ of the Texas Overnment Code the "Act"}. Any disclosure
required by the Act shall not be deemed a violation of this provision.
{~~~a~~r~~~ P~G~ I~rr~~rrfo~r~~~ r B~~a►~~.
►~~~►ru~~ ~o~~o~v.~
i
4
SELLER;
RETRU ~~f1~ETI~ENT, L.P.,
~ Texas limited partnership
By: PSI Management, L.P.,
a Texas limited partnership,
its general partner
By: Hill~r~od Development Company, LLC,
a Texas limited liabilityc~mpany, its g e I parkn
By:
Na e: I~ ~ l~ ~
Titl : ~
P~~CHAER:
CITY ~F DENTIN
E~:
eare . Campbell,
City Manager
Date:
ATTEST:
~ENNiFER VI~ALTER, CITY ECI~ETARY
BY:
APP~CVED A T~ LEGAL FCRN1:
EDI1N M. NYDER, CITY ATTORNEY
~Y:
14
i
~~~~~~~~a~ ~~~c a~~s~fi~~~~
~#C~ ~ LAG ~ ~ ~F R~ I~ ~ UN F.~ LL~P:
~nv~nt# ee~r, ar~d e~ian ~a~mrn~rnl~i, ~ ea
~ur~~~ n~ Ire ~ ir~~ r~~n ~u~cha and d~
~ted ~~ve 5~p~mber ea am~n~ed {the far ur~ch~ p ae end ~a~e
~pRr~~mly 3 ~ ~~~d in ~~nt~~ ~~ur, ~'es~ rn~ar~ ~~I~ dbed
theram ~th~ ~ ~ ~ ~ Pnar fined ~n Pu end Sale r~~n# ~n etl~r ~y Senn, t~ which this ~a dent ~
# ~ ~f n chid ~ ~ ~ ~ p~r# A~enan ~n t~ be
A Ana , p~ ~Y ~ n~ Ap~r~~n h~re~y aan~ and a~laedg~s ~~y ~ Denim nit arrd the
. ~~~f a ~~y Gantan to ~u~~he t~~ R~artY purs~~nt to the n ~r
~ ~ ~ kr~~d~e~n far the purse e~kn~wl ~n the ~et~n's ~ ~ ~~y Qf
~ pue ~e P~v~e ~ S~~r~r pursues t~ the time tie ~n#~n nt ~ n p~ an h~r~ any end ~If ~th~r dq~uments end ~natr~~~rr~
requl by ~ell~r, ~~ty ~ n ~r #h~ D~m~ny ~e~~ned in tf~~ ~n
cn~rac~ to ~ ~ ~ ~y Cnt~r~ ~ r~~h#s t~ pua~~ end awn #h~ F~~ #~e~ end
Y, . ~ tenon, mr~ud~~~t Ifni#~~~n, ~xi a~ ~m~ndmen~
the ~per~~m ~ na~rr~ the P~r~r darn # Ap~ri~n nl~r~c~ ~r~ ~ ~ Kurd ~ non dun r
~ d~ .
A~EF~~I~ ~~~U~I~T~~~ ~LLP,
en Ana Simi ~~e~ifi I~m~ed pertner~h~p
N~m~: t
l~le: ~
~5
i
The undersigned Titie or~pany acknowledges receipt of the Earnest Money and
agrees to hold and disburse the Earnes# N~oney a provided in this contract.
REPUBLIC T~T~E
Name:
Title:
Date:
Attachments:
Exhibit A - farape~ty Description
Exhibit B -Deed
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EXHIBIT A
t~ Purchase and dale Agreement
PRDP~R~Y DEBRIPTI~N
Attached}
i
El~HIBIT B
to Pu~rcl~ase and Sale Agreement
i
SPEDIAL V~ARRANTY DEED
THE STATE GF TEXAS
GGUNTY ~F DEIVTGN ~
THAI`, , a ~"Grantor"~, for and in consideration
of the sum of ~ O.~o cash in hand paid ~y TIME IfiY ~F DEIVTN, TEXAS {"grantee"}, shoe
address is Denton, Texas and other good and valuable
consideration, the receipt and sufficiency of vuhich are hereby acknovuledged by Grantor, has
GRANTED, BARGAINED, GLD and G~NEYED and by these presents does GRANT,
BARGAIN, SELL and GGNVEY unto Grantee for park and recreations! purposes only, that
pertain tract of real property situated in Denton bounty, ~'exa, and described in Exhibit "A"
attached hereto and made a part hereof far all purposes, together with all and singular the
rights, privileges, hereditan~ents, and appurtenances pertaining to such real property, including
any and all improvements and fixtures currently attached to and located thereon the IIPr~ ell 1~~.
There is hereby reserved for Grantor and Grantor's successors and assigns, all of
Grantor's interest in the oil, gas and other minerals that are in and under the Property and that may
be produced from it fall of which 'interests are excluded from the definition of "Pro ert ravided,
however, Grantor shall not have the right of ingress and egress aver the surface of the Property for
mining, drilling, exploring, operating, and developing such ail, gas and other minerals.
This conveyance is being made by Grantor and accepted by Grantee subject to all
easements, restrictions, rights, reservations, encumbrances and other matters described in Exhibit "B", attached hereto and incorporated herein by reference ~cvllectively,
the "Permitted
Exceptions"}.
T~ HAVE AND T~ HELD the Property, together with, all and singular, the rights and
appurtenances thereto in anywise belonging, to Grantee and Grantee's successors and assigns
forever; and subject to the Perrrritted Exceptions, Grantor does hereby bind Grantor and
Grantor's successors and assigns to warrant and forever defend, all and singular, the Property
unto the Grantee and Grantee's successors and assigns, against every person whor~soever
lawfully claiming or to claim the carne, or any part #hereof by, through ar under Grantor, but not otherwise, subject to the Permitted Exceptions.
Grantee acknowledges that, except for the special warranty of title contained in this Deed,
neither Grantor nor its representatives have made any representations or ~rarranties as to the
Property ar its environmental ar physical condition, upon uuhich Grantee has relied. Grantee
further acknowledges and agrees that ~1} GRANTEE RELEASES RANTER FRAM LAtMS
BASED ~N SELLER'S NELIENDE AND LAIRS BASED ~N STRICT LIABILITY, AID
CRANTR HAS NAT FADE, DIES NAT II~AI~E AND E~CPRESSLY DISLAIIUIS, A~VY
VIIARRANTIES, REPREENTATI~NS, ~VENANTS ~R GUARA,NTEES~ EXPRESSED ~R
IIVIPLIED, DR ARISING BY OPERATION ~F LAUV, AS T~ THE I~ERDHANTABILITY,
i
HABITABILITY QUANTITY, QUALITY OR ENVIRONMENTAL CONDITION OF THE PROPERTY OR ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR
USE. GRANTEE AI=FIRMS THAT IT ~a~ HAS INVESTIGATED AND INSPECTED THE
PROPERTY TO ITS SATISFACTION AND ! FAMILIAR AND SATISFIED 1~VITH THE
CONDITION OF THE PROPERTY, AND HAS MADE ITS OVI~N DETERMINATION AS TO
{i~ THE MERCHANTABILITY, QUANTITY, QUALITY AND CONDITION OF THE PROPERTY,
INCLUDING, I~IfITHOUT LIMITATION, THE POSSIBLE PRESENCE OF TOXIC OR
HAZARDOUS SUBSTANCES, MATERIALS OR 1~VASTES OR OTHER ACTUAL OR
POTENTIAL ENVIRONMENTAL CONTAMINATES, AND {il} THE PROPERTY~S
SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. GRANTEE
HEREBY ACCEPTS THE PROPERTY IN ITS PRESENT CONDITION ON AN "AS IS",
"I~IIHERE IS" AND "111~ITH ALL FAULTS", INCLUDING ENVIRONMENTAL, BASIS AND ACl~NOVIILEDGES THAT ~a~ 1ITHOUT THIS ACCEPTANCE, THIS CONVEYANCE VI~OULD
NOT BE MADE, AND ~b~ THAT GRANTOR SHALL BE UNDER NO OBLIGATION
1NHATSOEVER TO UNDERTAl~E ANY REPAIR, ALTERATION, REMEDIATION OR OTHER
1NORI~ OF ANY MIND V~IITH RESPECT TO ANY PORTION OF THE PROPERTY. GRANTEE
AND ITS SUCCESSORS AND ASSIGNS HAVE, AND SHALL BE DEEMED TO HAVE,
ASSUMED ALL RISK[ AND LIABILITY VIIITH REBPECT TO THE PRESENCE OF TOXIC OR
HAZARDOUS SUBSTANCES, MATERIALS OR IIVASTES OR OTHER ACTUAL OR
POTENTIAL ENVIRONMENTAL CONTAMINATES ON, IIVITHIN OR UNDER THE SURFACE
OF THE PROPERTY, VIfHETHER I~NOI~VN OR UNI~(NOVIfIV, APPARENT, NON-APPARENT
OR LATENT, AND WHETHER EXISTING PRIOR TO, AT OR SUBSEQUENT TO, TRANSFER OF THE PROPERTY TO GRANTEE. GRANTOR IS HEREBY RELEASED BY GRANTEE
AND ITS SUCCESSORS AND ASSIGNS 01= AND FROM ANY AND ALL RESPONSIBILITY,
LIABILITY, OBLIGATIONS AND CLAIMS, KNOVI~N OR UNl~NOWN, INCLUDING,II~ITHOUT
LINfITATION ~1} ANY OBLIGATION TO TAI{E THE PROPERTY BACK OR REDUCE THE
PRICE, OR ACTIONS FOR CONTRIBUTION OR INDEMNITY, THAT GRANTEE OR ITS
SUCCESSORS AND ASSIGNS MAY HAVE AGAINST GRANTOR OR THAT MAY ARISE IN
THE FUTURE BASED IN 1NHOLE OR IN PART UPON THE PRESENCE OF TOXIC OR
HAZARDOUS SUBSTANCES, MATERIALS OR 1NASTES OR OTHER ACTUAL OR
POTENTIAL ENVIRONMENTAL CONTAMINATES ON, VI~ITHIN OR UNDER THE SURFACE
OF THE PROPERTY, INCLUDING, VNITHOUT LIMITATION, ALL RESPONSIBILITY, LIABILITY, OBLIGATIONS AND CLAIMS THAT MAY ARISE UNDER
THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT,
AS AMENDED, 4~ U.S.C. 9~I~~ ET SEQ., THE RESOI~RCE CONSERVATION AND
RECOVERY ACT, AS AMENDED, 42 U.C. G9~~ ET. SEQ., THE OIL POLLUTION ACT,
U.S.C. ~ ~7~~ ET SEQ., AND THE TEXAS SOLID VIfiASTE DISPOSAL ACT TEX. HEALTH ~
SAFETY CODE ANN. 3~~ ET SEQ. GRANTEE FURTHER ACKNOI~VLEDGES THAT THE
PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY EXPLAINED TO GRANTEE AND
THAT GRANTEE FLEECY UNDERSTANDS AND ACCEPTS TIDE SAME.
,~~r~aru~~ P~~F~) ~o~iO~r~.
i
~~ECUT~R to be effective the ~ day of , ~~QS,
RANTR;
PETRUS INIlESTIUIENT, L,P.,
a Texas limited partnership
By: PN1C Management, L.P.,
a Texas limited partnership,
its general pa~ner
By: Hillwvod Development Company, LLC, ~
a Te~ca limited liability company,
its general partner
By:
Nave:
Title:
THE STATE OF TEXAS
C~~JNTY ~F
This instrument was acknowledged before me on the ~ day of , ~Oa8, by
of Hillwood Develapr~ent Company, LLC, a Texas limited liability company, a general partner of PI~C hllnagementr L.P., a Texas
limited partnership, in its capacity as general partner of Petrus Investr~ent, Inc,, a Texas limited
partnership, on behalf of said limited partnership.
Notary Public, State of Texas Icy Commission Expires:
PrintedlTyped Name
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~7~I~I~IT"
p~cial Vllarran~~ deed
Le~a~l Desc~ip~ian
i
~~HIB1T ~
pecl~l INar~ant~ Deed
Permitted Exceptions
~ . The lien for ~ ad valorem taxes not yet due and payable,
Permitted Exceptions as established under this contract.
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, to declare the intent to
reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates
of Obligation with an aggregate maximum principal amount equal to $550,000 so that the
Library Department can begin the expansion of the South Branch Library; and providing an
effective date.
BACKGROUND
The Library Department is utilizing $550,000 in Certificates of Obligation for the expansion of
the South Branch Library for FY2007-08. The Certificates of Obligation will only be issued to
cover the cost of the expansion. Initially, these funds will be provided by the Unreserved Fund Balance of the General Fund and will be reimbursed with Certificates of Obligation
sold in fiscal
year 2007-08. These funds will be used for the City of Denton South Branch Library expansion.
The library expansion was originally contemplated in the 2005 Bond Program, and $1.9 million
in general obligation bonds were sold for this purpose in FY 2005-06. The additional $550,000
in certificates of obligation is required to secure the resources necessary for this project. The
attached Exhibit A provides a more detailed description of the project.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS)
None
FISCAL INFORMATION
This ordinance will allow $550,000 from the General Fund unreserved retained earnings to be
expended and subsequently reimbursed with Certificates of Obligation.
EXHIBITS
Renovation Plans
Ordinance
Respectfully submitted:
Bryan Langley
Director of Finance
Attachment A
Renovation Plans for the City of Denton Expansion of the South Branch Library
• Improve parking by enlarging the parking lot from 41 spaces to 88 spaces
• Add approximately 10000 square feet of new space to the existing 10,713 sq. ft. making
the library's total size approximately 20,713 square feet
• Update the existing building to current ADA standards
• Renew carpet and paint in the existing building
• Refurbish existing furniture
• Update technology
S:l~ur Documentslgr~ina~ces1081Reimbursemet~t-Library Expansion.doc
~RDINANE ND.
AN ORDINANCE ~F THE CITY DF DENTIN, TEXAS, T~ DECLARE THE INTENT TO
RE~BURE EXPENDITURES FRDI~I THE LTNREERVED FUND BaLAN~E ~F THE GENERAL FUND WITH ~ERTIF'IATE ~F ~BLI~ATI~N wITH AN AGGREGATE
1VI PRINCIPAL AGUNT EU.AL TG $5~~,aa~ ~ THAT THE LIBRARY'
DEPARTMENT CAN BEGIN THE GUTH BRANCH LIBRARY EXPANIGN; AND
PRD~'IDIN~ AN EFFEOTIVE DATE.
wI~REA, the City of Denton the "Issuer"} is a municipal carparationlpalitica~
subdivision of the state of Texas; and
wHEREA, the rsuer expects to pay expenditures related to the youth Branch 1library
Expansion, which was approved in the ~0~7-~~~8 Adapted Budget and the 2aa7-aS Capital
Improvement budget and are described in Attachment "A"; and
WHEREAS, the Issuer finds, considers, and declares that the rehnbursement of the Issuer
far the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Yssuer and, as such, chaoses to declare its intention, in accordance with the
provisions of Section 1.15a-2 Treasury Regulations, to reimburse itself far such payna.ents at
such tune as It Issues the obllat~ans to finance the Projects; NGw, T~IEREFGRE,
THE DUNCIL GF THE CITY CF DENTGN HEREBY GRDAIN:
ETI~N 1. The Issuer reasonably expects to incur debt, as one ar mare series of
obligations, with an aggregate ~naximuYn principal amount equal to 550,0~~ for the purpose of
paying the casts of the Pray ect, as set forth in the attached attachment "A", which is made a part
of this ordinance for all purposes as if incorporated word for word herein.
SECTION all costs to be reimbursed pursuant hereto will be far the South Branch.
Library Expansion as authorised by ectian 71.445~a}~I} afth Teas Local avernn~ent bode.
No tax-exempt obligations will be issued by the Issuer in furtherance of this Grdinance after
date which is later than I S months aver the later of ~ 1 ~ the date the expenditures are paid, ar ~2}
.the date on which the property, with respect to which such expenditures are nude, is placed irk
service. That all arnounts expended fram the Unreserved Fund Balance of the General Fund for
the Project set forth in Attachment "A" to pay any casts of the Pra j ect shall be reimbursed from
Certificate of Gbl~atlon bond proceeds wlthrn the 207-~~OS fiscal year.
SECTION The foregoing notwithstanding, nv tax~exen~pt obligation will be issued
pursuant to this Ordinance mare than three years aver the date any expenditure which is to be
reimbursed is paid.
EOTIGN This Grdinance shall became effective immediately upon its passage and
approval.
~;IQur bacurnentsl0rdinances1081I~eim~~rsemer~t-Library Exp2~nsion.~oc
P.A~ED AND APPROVED phi the day of , Z0~8.
MARK ~URR~UH,IV~AY~R
ATTEST.
JENNIFER ~UALTER, CITY SECRETARY
APPR~~ED ~ T~ LEGAL FORIVI:
JOHN M. I~NIC~~iT, INTERS QTY ATTORNEY
Page ~ o~~
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Attachment A
Rer~avation Plans fer the pity Ofl~enton Epar~sion ofthe South Brar~eh Library
• hnprvve parking by enlarging the parking lat from 41 spaces to ~S spaces
~ Add approximately I square feet of new space to the existing 1 71 sq. ft. m.al~inng
the Library} s tOta1 see approximately 20,71 square feet
• Update the existing building to current ADA standards
~ Renew carpet and paint in the existing building
• Refurbish exlst~ng f.rnitr~re
~ Update teChnOlOgy
i
I
I
S:'INAE1200S Council Agenda Itemslouth Branch Library expansion -Attachment A.l~oc ~
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Bruce Henington 349-8134
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the renovation of the City of Denton South Branch Library; providing for the
expenditure of funds therefor; and providing an effective date (Bid 4060-awarded to the lowest
responsible bidder meeting specification, J.C. Commercial, Inc. in the amount of $1,792,777).
BID INFORMATION
This bid is for the construction of approximately 10,000 square-feet of new library space and the
renovation of the existing 10,713 square feet South Branch Library building. The new library
space will include a conference room that can be used by small community groups and library
staff for meetings, additional public access computers that can be used by library customers,
additional staff work areas to better assist the growing library user population, and storage space.
This bid also includes the construction of forty four new parking spaces. This will increase the
total number of parking spaces to ninety five. This will allow for adequate parking when heavily
attended library programs are in progress. This should also alleviate some of the parking
congestion that occurs at Fire Station 6, which is located adj acent to the Library property.
RECOMMENDATION
Award Bid 4060 to the lowest responsible bidder meeting specification, J. C. Commercial, Inc.
in the amount of $1,792,777.
PRINCIPAL PLACE OF BUSINESS
J.C. Commercial, Inc.
Lewisville TX
ESTIMATED SCHEDULE OF PROJECT
Construction is scheduled to start August 2008 and be completed by August 2009.
Agenda Information Sheet
July 15, 2008
Page 2
FISCAL INFORMATION
This item will be funded from South Branch Library accounts-100095447.1365.40100
($62,372.32) and 100095 451.1365.40100 ($1,730,404.68). Requisition 88126 has been entered
into the Purchasing software system.
EXHIBITS
Exhibit 1: Bid Tabulation
South Branch Library Expansion Time Line
Ordinance
Respectfully submitted:
. 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 4060
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South Branch Library Time Line
11-Apr Apply For Building Permit
24-Apr Receive Comments From DRC
13-May Place Add In News Paper
22-May Place 2nd Add In News Paper
3-Jun Pre Bid and Mandatory Walk Through
12-Jun Receive Bids
19-Jun Recommend Successful Contractor
24-Jun Captions Due To Purchasing
30-Jun Captions Due To City Secretary
15-Jul Bid To City Council
18-Jul Legal, Risk Management, City Manager Approval
25-Jul Start Construction
Aug-09 Complete Construction
Sep-09 Library Open
H L 4/10/08
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE RENOVATION OF THE CITY OF DENTON SOUTH BRANCH
LIBRARY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 4060-AWARDED TO THE LOWEST RESPONSIBLE
BIDDER MEETING SPECIFICATION, J.C. COMMERCIAL, INC. IN THE AMOUNT OF
$1,792,777).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
4060 J.C. Commercial, Inc. $1,792,777
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
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BY:
3-ORD-Bid 4060
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Water and Wastewater Utilities
ACM: Howard Martin, 349-8232
SUBJECT
Continue a public hearing and consider adoption of an ordinance of the City of Denton, Texas
updating Impact Fees by amending Chapter 26, "Utilities," Section 26-210 through Section 26-
232 of the City of Denton Code of Ordinances; adopting revised Land Use Assumptions and
Capital Improvements Plans for Water and Wastewater Impact Fees; establishing new service
areas for water impact fees; establishing new maximum impact fees per service unit and impact fees to be collected; creating schedules for the assessment and collection
of impact fees;
repealing section 26-222 (d); amending section 26-226 regarding appeals; repealing conflicting
ordinances and resolutions; providing for a severability clause; providing for a penalty not to
exceed $2,000 for each violation thereof; and providing an effective date.
BACKGROUND
Section §395.054 of the Texas Local Government Code governing impact fees requires that a
public hearing be held by the City Council before an update to the impact fees can be imposed.
On May 13, 2008, the City Council passed an ordinance that set the date of the public hearing for
June 17, 2008. The public hearing is required to discuss the Land Use Assumptions, the 10-Year
Water and Wastewater Capital Improvement Plan, and potential amendments to impact fees. On
June 3, 2008, Staff presented the results of the Duncan and Associates Impact Fee Study and the
Public Utilities Board (PUB) recommended impact fee amounts for Water and Wastewater. At
that time, Staff also provided the Council with minutes from the CIP Advisory Committee and
Public Utilities Board meetings that documented the impact fee review process and
recommendations made by the Committee and Board.
The impact fee study identifies two zones for water and two zones for wastewater. The separate
zones were established to better identify and associate the cost of service in those areas with the
population projections calculated in single-family equivalents (SFE). Once the cost per SFE is
calculated, a credit is calculated to offset the cost of debt that is included in the rate structure.
The following is a summary of the maximum impact fees allowable from the impact fee study:
WATER
Zone 1 Zone 2 System-Wide
Cost per SFE $5,553 $6,196 $5,732
Calculated Credit 1,959 1,959 1,959
Net Cost per SFE $3,594 $4,237 $3,773
50%SFE Credit $2,777 $3,098 $2,866
The current Water impact fee for the existing single zone is $3,155.
The PUB recommended the use of two Water impact fee zones versus a single zone and specific
impact fee amounts at levels between the 50% credit amount and the maximum allowable
amount as follows:
Zone 1 Zone 2
$3,400 $4,000
WASTEWATER
Zone 1 Zone 2 System-Wide
Cost per SFE $2,954 $2,849 $2,930
Calculated Credit 1,087 1,087 1,087
Net Cost per SFE $1,867 $1,762 $1,843
50%SFE Credit $1,477 $1,425 $1,465
The current Wastewater impact fee for Zone 1 is $1,703, and the Zone 2 fee is $2,614.
The PUB recommended impact fee amounts between the 50% credit amount and the maximum
allowable for Zone 1 and near the maximum allowable for Zone 2 as follows:
Zone 1 Zone 2
$1,700 $1,760
OPTIONS
§395.057(a) of the Texas Local Government Code states the City Council, "within thirty (30)
days after the date of the public hearing on the amendments, shall approve or disapprove the
amendments of the land use assumptions, and the capital improvements plan and modification of
an impact ee."
Therefore, following the public hearing, the City Council may chose one of the following options
regarding adoption of the Land Use Assumptions, 10-year Water and Wastewater Capital
Improvement Plans, and approval or disapproval of amended impact fees:
(1) Adopt the Land Use Assumptions, 10-year Water and Wastewater Capital Improvement
Plans, and approve the amended impact fees as contained in the attached ordinance, with an
effective date of July 1, 2008. The Council may also approve the ordinance after making any
desired revisions.
(2) Postpone formal action on the proposed ordinance pending further discussion at a future
Council meeting. The Council could also adjourn the public hearing and reconvene it at a future
Council meeting. The thirty (30) day approval or disapproval period does not begin until the
public hearing is officially closed.
RECOMMENDATIONS
Staff recommends adoption of Land Use Assumptions and 10-Year Water and Wastewater
Capital Improvements Plans and approval of the amended impact fees as contained in the
attached ordinance. The ordinance sets July 1, 2008 as the effective date for the amended impact
fees.
PRIOR ACTION/REVIEW (Council, Boards, Commission)
April 21, 2008 -Capital Improvements Advisory Committee approved the Land Use
Assumptions and the 10-Year Capital Improvement Plan.
April 28, 2008 -Duncan and Associates Study presented to the Public Utilities Board.
May 19, 2008 -Public Utilities Board recommended revised impact fees to the City Council
May 21, 2008 -Capital Improvements Advisory Committee reviewed impact fee study results
and PUB recommendations and filed written comments.
June 3, 2008 -Duncan and Associates impact fee study results presented to the City Council
along with amended Water and Wastewater fees recommended by the Public Utilities Board.
June 17, 2008 -Public Hearing
EXHIBITS
Exhibit I Proposed Impact Fee Ordinance
Respectfully submitted:
r r _ I
~,a III r ~
5..~ I. r ~ ~ Y }
Howard Martin
ACM, Utilities
EXHIBIT 1
ORDINANCE N0.2008-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS UPDATING IMPACT FEES BY
AMENDING CHAPTER 26, "UTILITIES," SECTION 26-210 THROUGH SECTION 26-232
OF THE CITY OF DENTON CODE OF ORDINANCES; ADOPTING REVISED LAND USE
ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLANS FOR WATER AND
WASTEWATER IMPACT FEES; ESTABLISHING NEW SERVICE AREAS FOR WATER
IMPACT FEES; ESTABLISHING NEW MAXIMUM IMPACT FEES PER SERVICE UNIT
AND IMPACT FEES TO BE COLLECTED; CREATING SCHEDULES FOR THE
ASSESSMENT AND COLLECTION OF IMPACT FEES; REPEALING SECTION 26-222 (d);
AMENDING SECTION 26-226 REGARDING APPEALS; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION
THEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Texas Local Government Code, Chapter 395 authorizes a city to adopt and
to amend impact fees for the purpose of financing capital improvements required by new
development; and
WHEREAS, the City Council of the City of Denton, Texas in accordance with State law,
initially enacted water and wastewater impact fees in accordance with Ordinance No. 98-301,
dated on the 15th day of September, 1998; and
WHEREAS, the City Council, in accordance with State law, then enacted water and
wastewater impact fees in accordance with Ordinance No. 2003-137 which was adopted by the
City Council on the 13th day of May, 2003, and effective as of May 29, 2003; and then enacted
Ordinance No. 2004-183, nunc pro tunc on July 20, 2004, and effective as of August 4, 2004 in
order to properly recite several provisions that were inadvertently omitted or misstated from the
above-referenced Ordinance No.2003 -13 7; and
WHEREAS, it is now appropriate and lawfully required that the City once again address
the issues of Land Use Assumptions and a Capital Improvements Plan, as well as the subject of
Amended Water and Wastewater Impact Fees; and
WHEREAS, the City Council in accordance with law desires to update its impact fee
program by amending land use assumptions, service areas, capital improvements plans and
impact fees for water and wastewater facilities; and
WHEREAS, the City Council of the City of Denton, Texas has duly appointed a Capital
Improvements Advisory Committee (the "Committee") by ordinance; has received written
comments as required by law from such Committee; and has adopted Land Use Assumptions and
a Capital Improvements Plan for amended water and wastewater impact fees all in accordance
with the requirements of Texas Local Government Code, Chapter 395; and
WHEREAS, the City Council of the City of Denton, Texas has also received the
me 1
unanimous recommendation of the Denton Public Utilities Board (the "Board"), an advisory
Board, in favor of the impact fees and the zones set forth below in this ordinance; and
WHEREAS, on the 17th day of June, 2008, after due notice being issued in accordance
with state law, a public hearing of the City Council was convened during the regularly called
City Council meeting regarding the subject of the land use assumptions, capital improvements
plans, and amended impact fees; at the said public hearing it was announced into the record by
Perry McNeill, Mayor that the public hearing would be continued to the City Council's 6:30 p.m.
meeting on July 15, 2008 in order to conduct further proceedings; and
WHEREAS, on the 15th day of July, 2008 at the 6:30 p.m. City Council meeting, the
continued public hearing was reconvened by Mark Burroughs, Mayor, and the City Council
considered those matters brought forward in the public hearing; then the public hearing was
closed; and
WHEREAS, the City Council then considered the subject of land use assumptions,
capital improvements plans, and the subject of amended water and wastewater impact fees; the
City Council of the City of Denton, Texas, having complied with all applicable substantive and
procedural requirements of Texas Local Government Code, Chapter 395, and considering the
comments of the Committee and the recommendations of the Board, and after due deliberation
and consideration finds that it is necessary and appropriate to establish amended water and
amended wastewater impact fees to pay the costs of certain capital improvements for new
development; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the facts, circumstances, and recitations contained in the preambles to
this Ordinance are hereby found and declared to be true and correct.
SECTION 2. That the Land Use Assumptions for Water and Wastewater Impact Fees
hereby are amended as set forth in Exhibit A, which is attached hereto and incorporated by
reference herein as if fully set forth.
SECTION 3. That the Capital Improvements Plan for Water and Wastewater Impact
Fees hereby are amended as set forth in Exhibit B, which is attached hereto and incorporated by
reference herein as if fully set forth.
SECTION 4. That Chapter 26 of the Code of Ordinances of the City of Denton, Texas,
entitled "Utilities," is hereby amended, which shall read as follows:
me 2
CHAPTER 26: UTILITIES
ARTICLE VI. IMPACT FEES
Sec. 26-210. Short Title.
This Article shall be known and cited as the "Denton Impact Fee Ordinance."
Sec. 26-211. Statement of Purpose.
This Article is intended to assure the provision of adequate public facilities to serve new
development in the City by requiring each development to pay its proportional share of the costs
of such improvements necessitated by and attributable to such new development as related to
water and wastewater capital improvements.
Sec. 26-212. Authority.
This Article is adopted pursuant to Chapter 395 of the Texas Local Government Code and
pursuant to the Denton Charter. The provisions of this Article shall not be construed to limit the
powers of the City to utilize other methods authorized under state law, or pursuant to other City
powers to accomplish the purposes set forth herein, either in substitution or in conjunction with
this Article. The effective date of this Article is September 15,1998.
Sec. 26-213. Definitions.
The following words, terms and phrases, as used in this Article, shall have the meanings
respectively ascribed to them in this Section, unless the context clearly indicates otherwise:
(1) Area-related facility means a capital improvement or facility expansion which is
designated in the Impact Fee Capital Improvements Plan and which is not asite-related facility.
Area-related facility may include a capital improvement, which is located offsite, within, or on
the perimeter of the development site.
(2) Assessment means the determination of the amount of the maximum impact fee per
service unit that can be imposed on new development pursuant to this Article.
(3) Capital improvement means any water supply; or treatment, transmission, pumping and
storage facilities; or wastewater treatment and conveyance facilities that have a life expectancy
of three (3) or more years, and are owned and operated by or on behalf of the City.
(4) Director means the Director of Water Utilities for the City of Denton, or his or her
esignee.
(5) Facility expansion means the expansion of the capacity of any existing facility for the
purpose of serving new development. The term does not include the repair, maintenance,
me 3
modernization or expansion of an existing facility to serve existing development.
(6) Impact fee capital improvements plan means the adopted plan for a service area, as may
be amended from time to time, which identifies the water facilities or wastewater facilities and
their associated costs which are necessitated by and which are attributable to new development,
for a period not to exceed ten (10) years, and which are to be financed in whole or in part
through the imposition of water or wastewater impact fees pursuant to this Chapter 26, Article
VI.
(7) Infill development means asingle-family residence of less than 1,300 square feet on a lot
of less than 6,000 square feet.
(8) Land use assumptions means the projections of population and employment growth and
associated changes in land uses, densities and intensities for a service area adopted by the City,
as may be amended from time to time, upon which the impact fee capital improvements plan for
the service area is based.
(9) New development means an activity involving the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or
any use or extension of land, which has the effect of increasing water or wastewater demand,
measured by an increase in the number of the service units utilizing the City's water or
wastewater system that are attributable to such activity, and which requires either the approval
and filing of a plat, or a re-plat pursuant to the City's subdivision regulations, or the issuance of a
building permit, or a utility connection.
(10) Service area means a geographic area within the City or within the City's extraterritorial
jurisdiction, within which impact fees for water or wastewater facilities may be collected for new
development occurring within such area and within which fees so collected will be expended for
those types of improvements identified in the type of capital improvements plan applicable to the
service area.
(11) Service unit means a standardized measure of consumption, use, generation or discharge
attributable to an individual unit of development calculated in accordance with generally
accepted engineering or planning standards, for a particular category of capital improvements or
facility expansions. For water and wastewater facilities, the service unit shall constitute the basis
for establishing equivalency within various customer classes based upon the relationship of the
continuous duty maximum flow rate in gallons per minute for a water meter of a given size and
type compared to the continuous duty maximum flow rate in gallons per minute fora 3/4-inch
diameter simple water meter.
(12) Single family equivalency ("SFE means an equivalency factor, based on the demand
associated with the smallest water meter used in the City of Denton, Texas utility system. SFE's
are utilized to establish the number of service units to be allocated to various meter sizes used in
the City of Denton, Texas Water and Wastewater utilities system.
(13) Site-related facility means an improvement or facility which is for the primary use or
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benefit of a new development and/or which is the for the primary purpose of safe and adequate
provision of water and wastewater facilities to serve the new development and which is not
included in the impact fee capital improvements plan and for which the developer or property
owner is solely responsible under subdivision and other applicable regulations.
(14) Utility connection means connection of an individual meter to the city's water or
wastewater system, or an increase in the size of an existing meter.
Sec. 26-214. Impact fee as condition of development approval.
No new development shall be connected to the City's water or wastewater system within the
service area without the assessment of an impact fee pursuant to this Article, and no building
permit or request for service shall be issued until the applicant has paid the impact fee imposed
herein, except for those entities that are expressly exempt from impact fees as set forth in Texas
Local Government Code, Chapter 395.
Sec. 26-215. Land use assumptions.
(a) Said land use assumptions for the City shall be updated at least every five (5) years
utilizing the amendment procedure set forth in Texas Local Government Code, Chapter
395.
(b) Amendment to the land use assumptions shall incorporate projections of changes in land
uses, densities, intensities and population for the service area over at least a ten (lo) year
perlo .
Sec. 26-216. Water impact fee service area.
There are hereby established two (2) water impact fee service areas, to include all land within the
City and its extraterritorial jurisdiction, as depicted in Exhibit C, which is attached hereto and
incorporated by reference herein as if fully set forth.
Sec. 26-217. Wastewater impact fee service areas.
There are hereby established two (2) wastewater impact fee service areas, the boundaries of
which are respectively described in Exhibits D and E, which Exhibits are attached hereto and
incorporated by reference herein as if fully set forth.
Sec. 26-218. Determination of service units.
The number of service units for both water or wastewater impact fees shall be determined by
using the land use and service unit equivalencies table which converts the demands for water or
wastewater improvements generated by typical land uses to water meter size, and which table is
attached hereto as Exhibit F and is incorporated by reference herein as if fully set forth herein.
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Sec. 26-219. Impact fees per service unit.
(a) Maximum impact fees per service unit for each service area shall be established by
category of capital improvements. The maximum impact fee per service unit for each
service area for each category of capital improvement shall be computed in the following
manner:
(1) For each category of capital improvements, calculate the total projected costs of
capital improvements necessitated by and attributable to new development in the
service area identified in the impact fee capital improvements plan;
(2) From such amount, subtract a credit in the amount of that portion of utility service
revenues, if any, including the payment of debt, to be generated by new service
units during the period the capital improvements plan is in effect, including the
payment of debt, associated with the capital improvements in the plan;
(3) Divide the resultant amount by the total number of service units anticipated within
the service area, based upon the land use assumptions for that service area.
(b) The maximum impact fee per service unit for water or wastewater facilities by service
area shall be as set forth in Schedule 1, which is attached hereto and incorporated herein by
reference as if fully set forth. Schedule 1 shall be used to assess impact fees. Schedule 1 may be
amended from time to time utilizing the amendment procedure set forth in Section 26-228.
(c) The impact fee per service unit which is to be paid by each new development within a
service area shall be as set forth in Schedule 2, which is attached hereto and incorporated by
reference as if fully set forth, and shall be an amount less than or equal to the maximum impact
fee per service unit established in Schedule 1. Schedule 2 may be amended from time to time
utilizing the amendment procedure set forth in Section 26-228.
Sec. 26-220. Assessment of impact fees.
(a) Assessment of impact fees for any new development in all of the Denton Water and
Wastewater Service Areas shall be made as follows:
(1) For land which is unplatted at the time of application for a building permit or
utlllty Conncctl0n, or for a new development which received final plat approval
prior to the effective date of this Article, and for which no re-platting is necessary
pursuant to the City's subdivision regulations prior to development, assessment of
impact fees shall occur at the time application is made for the building permit or
utility connection, whichever first occurs, and shall be the amount of the
maximum impact fee per service unit in effect, as set forth in Schedule 1.
(2) For a new development which is submitted for approval pursuant to the City's
subdivision regulations on or after the effective date of this Article, or for which
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re-platting results in an increase in the number of service units after such date,
assessment of impact fees shall be at the time of final plat recordation, and shall
be the amount of the maximum impact fee per service unit in effect as set forth in
Schedule 1.
(b) Following assessment of impact fees pursuant to subsection (a), the amount of impact fee
assessment per service unit for that development cannot be increased, unless the owner
proposes to change the approved development by the submission of a new application for
final plat approval or other development application that results in approval of additional
service units, in which case a new assessment shall occur at the Schedule 1 rate then in
effect for such additional service units.
(c) Following the vacating of any plat or approval of any re-plat, a new assessment must be
made in accordance with subsection (a)(2).
(d) An application for an amending plat made pursuant to Texas Local Government Code
§212.016 and the City of Denton Subdivision Ordinance, and for which no new
development is proposed, is not subj ect to reassessment for an impact fee.
Sec. 26-221. Computation of impact fees.
(a) Following the filing and acceptance of a written application for building permit or utility
connection, the City shall compute the impact fee due in the following manner:
(1) The number of service units shall be determined by the size of the water meter
purchased using the Land Use and Service Unit/SFE Equivalencies table
incorporated as Exhibit F; herein. The service units for multi-family apartment
projects with eight (8) or more units shall be determined by multiplying the
number of bedrooms in said apartment proj ect by 0.26 SFE;
(2) Service units shall be summed for all meters, or for all bedrooms within a multi-
family apartment project with eight (8) or more units purchased for the
development;
(3) The total number of service units shall be multiplied by the impact fee per service
unit for water or wastewater service facilities using Schedule 1 then in effect as
established in Section 26-219;
(4) The amount of each impact fee shall be reduced by any allowable offsets or
credits for that category of capital improvements, in the manner provided in
Section 26-223.
(b) The amount of impact fee due for new development shall not exceed the amount
computed by multiplying the assessed fee for water and/or wastewater service by the total
number of service units generated by the development. The amount of impact fee due for
redevelopment shall not exceed the amount computed by multiplying the assessed fee for
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water and/or wastewater service by the net increase in service units generated by the
redevelopment.
(c) The developer may submit or the Director may require the submission of a study,
prepared by a professional engineer, licensed in the State of Texas, clearly indicating the
number of water and/or wastewater service units which will be consumed or generated by
the new development. The Director will review the information for completeness and
conformity with generally accepted engineering practices and will, when satisfied with
the completeness and conformity of the study, multiply the number of service units
determined by the study, times the impact fee per service unit contained in Section
26-219 above to determine the total impact fee to be collected for the development. The
Director may also use recent historical water billing records for existing customers to
determine water demands and single-family equivalents ("SFE") in accordance with data
from the most recent Capital Improvements Plan.
(d) Whenever the property owner increases the number of service units for a development,
the additional impact fees collected for such new service units shall be determined based
on Schedule 1 and applicable offsets, credits, and discounts then in effect and such
additional fee shall be assessed and collected at the time the additional meters are
purchased.
(e) In the event the property owner decreases the number of service units for a development,
the property owner shall be entitled to a refund of the impact fee for impact fees actually
paid, but only for the amounts represented by the decrease in service units based on the
assessed fee and offsetsz credits, or discounts applicable at the time the fee was paid.
If the building permit for the property on which an impact fee is paid has expired and a
new application for a building permit is thereafter filed for the identical property and the
identical number of service units, the impact fee previously paid satisfies the
requirements of this Article, unless the earlier impact fee was refunded to the applicant at
the expiration of the previously-issued building permit or otherwise refunded.
(g) The impact fee shall attach to the property for which the impact fee was paid and shall
not be transferable to other properties or service units.
(h) No building permit or utility connection shall be issued if the applicant cannot verify
payment to Staff of the appropriate impact fee and other applicable fees or if existing
facilities do not have actual capacity to provide service to the new connection(s), except
for those entities that are exempted from impact fees as are specifically set forth in Texas
Local Government Code, Chapter 395.
(i) All matters pertaining to the enforcement, assessment, computation, or collection of
impact fees provided for herein shall be determined by the Director, or his or her
esignate.
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Sec. 26-222. Collection of impact fees.
(a) Except as otherwise provided in this Section, the impact fee for the new development
shall be collected at the time the City issues a building permit, or if a building permit is
not required, at the time an application is filed for a new connection, to the City's water
or wastewater system or for an increase in water meter size.
(b) Except as otherwise provided by contracts with political subdivisions, developer's
contracts, or wholesale customers, no building permit shall be issued until all impact fees
due and owing have been paid to the City.
(c) The City may enter into an agreement for capital improvements with a property owner
pursuant to Section 26-229 that establishes a different time and manner of payment.
(d) In the event that a property owner agrees to construct or finance capital improvements in
the capital improvements plan pursuant to Section 26-229, the costs of which are to be
reimbursed to the owner from impact fees paid from other new developments that will
use such facilities, the City may collect impact fees from such other new developments at
the time final plats are recorded for such development.
(e) Schedule 1 sets the assessment rate and establishes maximum impact fees as set forth in
subparagraphs (e)(1) through (e)(3) below:
(1) For a new development for which final plat recordation occurred on or after
September 15, 1998, but before May 29, 2003, the maximum impact fee per service unit
shall be $2,044 for the water service area, and $483 for the wastewater service area.
(2) For a new development for which final plat recordation occurred on or after May
29, 2003, but before August 1, 2008, the maximum impact fee per service unit shall be
$3,155 for the water service area; and $1,703 for the Zone 1 wastewater service area.
(3) For a new development for which final plat recordation occurred on or after
August 1, 2008, or for any plats filed prior to September 15, 1998, the maximum impact
fee per service unit shall be as follows: $3,400 for the Zone 1 water service area and
$4,000 for the Zone 2 water service area; and $1,700 for the Zone 1 wastewater service
area and $1,760 for the Zone 2 wastewater service area.
Schedule 2 sets the collection rate for impact fees as set forth in subparagraph (~(1),
(f)(2) and (f)(3) below:
(1) Except as provided in paragraph (2) below, impact fees shall be collected and paid as
follows:
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Water Service Area (Zone 1): $3,400 per service unit
Water Service Area (Zone 2): $4,000 per service unit
Wastewater Service Area (Zone 1): $1,700 per service unit
Wastewater Service Area (Zone 2): $1,760 per service unit
Provided, however, Water and Wastewater Service Area Impact Fees for Zone 1, for
Single-Family Residences of less than 1,300 square feet, that are located on lots of less
than 6,000 square feet, shall instead be assessed and charged, and the City shall collect a
Water and a Wastewater Service Area Impact fee of 50% of the adopted Water and
Wastewater Service Area Impact Fees for Zone 1.
2) For a new development for which final plat recordation occurred on or after
September 15, 1998, but before May 29, 2003, and for which no new service units
have been added, impact fees shall be collected as follows:
Water Service Area $2,044 per service unit
Wastewater Service Area (Zone 1) $483 per service unit
3) For a new development for which final plat recordation occurred on or after May 29,
2003, but before August 1, 2008, and for which no new service units have been
added, impact fees shall be collected as follows:
Water Service Area (Zone 1) $3,155 per service unit
Wastewater Service Area (Zone 1) $1,703 per service unit
Sec. 26-223. Offsets and credits.
(a) The City shall offset the reasonable value of any area-related facilities, identified in the
impact fee capital improvements plan and constructed pursuant to an agreement with the
city, except as otherwise provided therein, which are dedicated to and received by the
City on or after the effective date of this ordinance, against the amount of the impact fee
due for that category of capital improvement. No offsets or credits shall be provided for
required over-sizing of water and wastewater lines or lift stations not identified in the
capital improvements plan or for pro-rata payments to repay other developers for such
over-sizing pursuant to Chapter 3 5-Development Code; and Subchapter 21-Water &
Wastewater Standards.
(b) The City shall credit any new development that occurs subsequent to the effective date of this Article, any amount of capital recovery fees which have been collected
by the City
pursuant to duly adopted ordinances and any impact fees collected by the City pursuant to
this Article.
(c) All offsets and credits against impact fees shall be subj ect to the following limitations and
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shall be granted based on this Article and additional standards promulgated by the City,
which maybe adopted as administrative guidelines.
(1) No offset or credit shall be given for the dedication or construction of site-related
facilities.
(2) No offset or credit shall exceed the impact fee to be collected from new
development as established in Section 26-219.
(3) The unit costs used to calculate the offsets shall not exceed those assumed for the
capital improvements included in the impact fee capital improvements plan for
the category of facility within the service area for which the impact fee is
impose .
(4) If an offset or credit applicable to a plat has not been exhausted within ten (l o)
years from the date of the acquisition of the first building permit issued or
connection made after the effective date of this Article or within such period as
may be otherwise designated by agreement for capital improvements pursuant to
Section 26-229, such offset or credit shall lapse.
(5) In no event will the City reimburse the property owner or developer for an offset
or credit when no impact fees for the new development can be collected pursuant
to this Article or for any amount exceeding the total impact fees collected or due
for the development for that category of capital improvement, unless otherwise
agreed to by the City.
(6) No offset shall exceed an amount equal to the eligible costs of the improvement
multiplied by a fraction, the numerator of which is the impact fee per service unit
due for the new development as computed using Schedule 2 and the denominator
of which is the maximum impact fee per service unit for the new development as
computed using Schedule 1.
(7) Offsets or credits for area-related facilities dedicated to and accepted by the City
for a development prior to the effective date of this Article shall be prorated
among the total number of service units within such development and reduced by
an amount equivalent to the number of existing service units within such
development and shall be further reduced by the amount of any participation
funds received from the city and by any payments received from other
developments who utilize the system facility.
(8) The City may participate in the costs of an area-related improvement to be
dedicated to the City, including costs that exceed the amount of the impact fees
due for the development under Schedule 1 for that category of capital
improvements, in accordance with policies and rules established under the City's
subdivision regulations and when incorporated into an agreement for capital
improvements pursuant to Section 26-229. The amount of any offset shall not
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include the amount of the City's participation.
(d) Unless an agreement for capital improvements is executed providing for a different
manner of offsetting or crediting impact fees due pursuant to Section 26-229, an offset or
credit associated with a plat shall be applied to reduce an impact fee at the time of
application for the first building permit or at the time of application for the first utility
connection for the property, in the case of land located within the City's extraterritorial
jurisdiction, and, thereafter, to reduce impact fees subsequently to be collected, until the
offset or credit is exhausted.
Sec. 26-224. Establishment of accounts.
(a) The city's Department of Finance shall establish separate interest-bearing accounts
clearly identifying the category of capital improvement (i.e. water facilities and
wastewater facilities) within the service area for which the impact fee is collected.
(b) Interest earned by each account shall be credited to the account on which it is earned and
shall be used solely for the purposes specified for impact fees as authorized herein.
(c) The City's Department of Finance shall establish adequate financial and accounting
controls to ensure that impact fees disbursed from the account are utilized solely for the
purposes authorized in this Article. Disbursement of funds shall be authorized by the
City at such times as are reasonably necessary to carry out the purposes and intent of this
Article; provided, however, that any fee paid shall be expended within a reasonable
period of time, but not to exceed ten (lo) years from the date the fee is deposited into the
account.
(d) The City's Department of Finance shall maintain and keep adequate financial records for
each such account, which shall show the source and disbursement of all revenues, which
shall account for all monies received, the number of service units for which the monies
are received, and which shall ensure that the disbursement of funds from each account
shall be used solely and exclusively for the provision of projects specified in the impact
fee capital improvements plan as area-related capital projects. The City's Department of
Finance shall also maintain such records as are necessary to ensure that refunds are
appropriately made in accordance with this Article. The records of the account into
which impact fees are deposited shall be open for public inspection and copying during
ordinary business hours. The City may establish a fee for copying services.
Sec. 26-225. Use of proceeds of impact fee accounts.
(a) The impact fee collected pursuant to this Article may be used to finance or to recoup
capital construction costs for water and wastewater facilities identified in the impact fee
capital improvements plan and for any purpose authorized in Texas Local Government
Code, Chapter 395, as amended. Impact fees may also be used to pay the principal sum
and interest and other finance costs on bonds, notes or other obligations issued by or on
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behalf of the City to finance such capital improvements or facilities expansions.
(b) Impact fees collected pursuant to this Article shall not be used to pay for any of the
following expenses:
(1) Construction, acquisition, or expansion of capital improvements or assets other
than those identified for the water and wastewater utility in the impact fee capital
improvements plan;
(2) Repair, operation, or maintenance of existing or new capital improvements or
facilities expansions;
(3) Upgrading, expanding, or replacing existing capital improvements to serve
existing development in order to meet stricter safety, efficiency, environmental or
regulatory standards;
(4) Upgrading, expanding, or replacing existing capital improvements to serve
existing development; provided, however, that impact fees may be used to pay the
costs of upgrading, expanding or replacing existing capital improvements in order
to meet the need for new capital improvements generated by new development; or
(5) Administrative and operating costs of the City.
Sec. 26-226. Appeals.
(a) The property owner or applicant for new development may appeal the following Staff
decisions and determinations to the Denton Public Utilities Board: (a) the applicability of
an impact fee to the new development; (b) the method of calculating the amount of the
impact fee due; (c) the availability or the amount of an offset, credit or rebate; (d) the
application of an offset or credit against an impact fee due; or (e) the amount of a refund
due, if any. The Property Owner or Applicant shall notify the City Secretary of the City
of Denton, Texas in writing, of its desire to appeal any such decision and determination
to the Public Utilities Board, no later than thirty (30) days following the date of Staff
decision or determination. This notice shall be untimely if it is received by the City
Secretary more than thirty (30) days following the date of Staff decision and
determination.
(b) The Owner and/or Applicant must file a notice of appeal with the City Secretary within
thirty (30) days following the determination of the amount of the impact fees to be paid
by the development by city Staff. If the notice of appeal is accompanied by a bond or
other sufficient surety satisfactory to the City Attorney in an amount equal to the original
determination of the impact fee due, the development application may be processed while
the appeal of the impact fee is pending.
(c) The written notice to the City Secretary requesting an appeal shall contain the following
information:
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1. The name of the Owner and/or Applicant of the Appeal; and
2. The business address and telephone number of the Owner and/or Applicant; and
3. The specific decision or determination of Staff which Owner and/or Applicant are
complaining of; and
4. State specifically the grounds regarding Owner's and/or Applicant's application
for appeal; and
5. State specifically what amount of money that you believe is owing the City, as
well as your basis therefor; and
6. The name and address of any legal counsel who will appear before the Public
Utilities Board to argue on your behalf; and
7. The signature of the Owner and/or Applicant regarding this appeal.
(d) The burden of proof shall be on the property owner and/or applicant to demonstrate that
the amount of the fee or the amount of the offset, credit or rebate was not calculated
according to the provisions of this Article. Upon submission of the case and the hearing
held before the Public Utilities Board (the "Board"), a decision shall be made by the
Board, upon Public Hearing, which shall constitute a formal recommendation to the
Denton City Council. The Board shall submit all of the materials that it receives as
evidence from Staff and all of the materials that it receives as evidence from the Owner
and/or Applicant to the City Council for its final consideration. All evidence as well as
the record shall be closed by the Public Utilities Board. A record shall be made of the
Public Utilities Board hearing and shall be forwarded to the City Council. The City
Council shall then make its decision on the record produced by the Public Utilities Board
and upon the oral arguments that are limited to not more than fifteen (15) minutes each
for the Owner(s) and/or Applicant(s), and the city. The City Council shall then
determine the appeal and issue its written decision.
Sec. 26-227. Refunds.
(a) Any impact fee or portion thereof collected pursuant to this Article which has not been
expended within ten (10) years from the date of payment, shall be refunded, upon
application, to the record owner of the property at the time the refund is paid, or, if the
impact fee was paid by another governmental entity, to such governmental entity,
together with interest calculated from the date of collection to the date of refund at the
statutory rate as set forth in Vernon's Ann. Civil Statutes, Title 79, Art. 1 C.002, or any
successor statute.
(b) Upon the written request of an owner of the property on which an impact fee has been
paid, the City shall refund such fees if:
(1) Existing service is available and service is denied; or
(2) Service was not available when the fee was collected and the City has failed to
commence construction of facilities to provide service within two (2) years of fee
payment; or
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(3) Service was not available when the fee was collected and has not subsequently
been made available within a reasonable period of time considering the type of
capital improvement or facility expansion to be constructed, but in any event no
later than five (5) years from the date of the payment.
(c) The City shall refund an appropriate proportion of impact fee payments in the event that a
previously purchased but uninstalled water meter for which the impact fee has been paid
is replaced with a smaller meter, based on the service unit differential of the two (2)
meter sizes and the fee per service unit at the time of the original fee payment.
(d) A petition for refund under this section shall be submitted to the Director on a form
provided by the City for such purpose. Within one (1) month of the date of receipt of a
petition for refund, the Director must provide the petitioner, in writing, with a decision on
the refund request, including the reasons for the decision. If a refund is due to the
petitioner, the Director shall notify the Assistant City Manager of Finance and request
that a refund payment be made to the petitioner.
Sec. 26-228. Update of plan and revision of fees.
(a) The City shall update its land use assumptions and capital improvements plans at least
every five (5) years, commencing from the date of adoption of such plans, and shall
recalculate the impact fees based thereon in accordance with the procedures set forth in
Texas Local Government Code, Chapter 395, or in any successor statute.
(b) The City may review its land use assumptions, impact fees, capital improvements plans
and other factors such as market conditions more frequently than provided in subsection
(a) to determine whether the land use assumptions and capital improvements plans should
be updated and the impact fee recalculated accordingly, or whether Schedules 1 or 2
should be changed. Schedule 2 may be amended without revising land use assumptions
and capital improvements plans at any time prior to the update provided for in subsection
(a), provided that the impact fees to be collected under Schedule 2 do not exceed the
impact fees assessed under Schedule 1.
(c) If, at the time an update is required pursuant to Subsection (a), the City Council
determines that no change to the land use assumptions, capital improvements plan or
impact fee is needed, it may dispense with such update by following the procedures in
Texas Local Government Code, Section 395.0575.
(d) The City may amend by resolution the Land Use and Service Unit/SFE Equivalency table
(Exhibit F), at any time prior to the update provided for in Subsection (a), provided that
the number of service units associated with a particular land use shall not be increased.
Sec. 26-229. Agreement for capital improvements.
An owner of a new development may construct or finance a capital improvement or facility
me 15
expansion designated in the impact fee capital improvements plan, if required or authorized by
the City, by entering into an agreement with the City prior to the issuance of any building permit
for the development. The agreement shall be on a form approved by the City and shall identify
the estimated cost of the improvement or expansion, the schedule for initiation and completion of
the improvement or expansion, a requirement that the improvement be designed and completed
to City standards and such other terms and conditions as deemed necessary by the City. The
agreement shall provide for the method to be used to determine the amount of the offset to be
given against the impact fees due for the development or any reimbursement to the owner for
construction of the facility.
Sec. 26-230. Use of other financing mechanisms.
(a) In addition to the use of impact fees, the City may finance water and wastewater capital
improvements or facilities expansions designated in the impact fee capital improvements
plan through the issuance of bonds, through the formation of public improvements
districts or other assessment districts, or through any other authorized mechanism, in such
manner and subj ect to such limitations as may be provided by law.
(b) Except as otherwise provided herein, the assessment and collection of a impact fee shall
be additional and supplemental to, and not in substitution of, any other tax, fee, charge or
assessment which is lawfully imposed on and due against the property.
(c) The City may pay all or part of impact fees due for a new development taking into
account available offsets and credits pursuant to duly adopted criteria.
Sec. 26-231. Conflicting ordinances.
All ordinances or parts of ordinances that are in force when the provisions of this ordinance
become effective, which are inconsistent or in conflict with the terms or provisions contained in
this ordinance, are hereby repealed to the extent of the conflict.
Sec. 26-232. Reserved.
SECTION 4. Any person violating any provision of this Ordinance shall, upon
conviction, be fined a sum not to exceed $2,000. Each day that a provision of this Ordinance is
violated shall constitute a separate and distinct offense.
SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase or word in
this Ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions, despite any such invalidity.
SECTION 6. This Ordinance shall repeal any conflicting ordinances and resolutions to
the contrary; it being the intention of the City Council to fully amend all provisions of Chapter
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26 of the City of Denton, Texas Code of Ordinances dealing with Impact Fees.
SECTION 7. This Ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be
published twice in the Denton Record Chronicle, a daily newspaper published in the City of
Denton, Denton County, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
JOHN KNIGHT, ACTING CITY ATTORNEY
By:
me 17
ATTACHMENTS
EXHIBIT "A" -Land Use Assumptions for Water and Wastewater Impact Fees
EXHIBIT "B" -Capital Improvements Plans for Water and Wastewater Impact
Fees
EXHIBIT "C" -Amended Water Impact Fee Service Area -Zone 1 & 2
EXHIBIT "D" -Wastewater Impact Fee Service Area -Zone 1
EXHIBIT "E" -Wastewater Impact Fee Service Area -Zone 2
EXHIBIT "F" -Land Use and Service Unit/SFE Equivalency Table
me 18
EXHIBIT A
LAND USE ASSUMPTIONS
Introduction
These Land Use Assumptions have been developed as the basis for the preparation of an impact fee
ordinance for system-wide water and wastewater capital improvements according to the requirements of State
Law. Impact fees must be developed in accordance with Chapter 395 of the Texas Local Government Code. In the State Code, at 395.001(5), "Land Use Assumptions" must include a description
of the service areas
and projections of changes in land uses, densities, intensities, and population in the service area over at least a
ten-year period.
The state law requirements for land use assumptions are summarized as follows:
1. Land use assumptions as defined by Section 395.001(5);
2. Time period of projections
3. Description of general nature potential capital improvement facilities; and
4. An easily understandable map of the service areas.
The ten-year planning horizon used in developing the Land Use Assumptions is 2008-2018. Growth
projections presented in this report are based on assumptions used in the growth Management Strategies of
the North Central Texas Council of Governments (NCTCOG) and the current trends. The forecast projects
an average of 3.5 percent annual increase in population from 2008 through 2018 within the City of Denton.
See Exhibit C.
These over-all growth forecasts for the City are reflected in the Land Use Assumptions for the City's ~Xlater and ~Xlastewater Certificate of Convenience and Necessity (CCN) service
areas. A CCN must be approved by
the Texas Natural Resources Conservation Commission (TNRCC) before services may be provided to
properties within the designated area. The water and wastewater service areas include all of the area within the
City plus different areas of the City's Extra-territorial Jurisdiction (ETJ). The wastewater service area includes
an area larger than the water service area. Map showing these service areas are attached as Exhibit A
(~lastewater) and Exhibit B (later).
The product of these land use assumptions will be applied to a projected ten-year Capital Improvement
Program (CIP) for the City's water and wastewater treatment facilities to develop an impact fee that can be assessed to future development. The impact fee will reflect the "fair
share" of the cost of eligible water and
wastewater capital improvements that will directly benefit new development within each service area.
Methodology
Land Use Assumptions will be developed to project new Residential and Non-Residential development
anticipated to occur from 2008-2018.
■ Estimated residential development is stated in terms of the number of new housing units. The number of projected housing units is directly related to the
type of housing. According to
NCTCOG, the estimated persons per housing unit, by type, are 2.52 persons per single family
housing unit and 2.12 persons per multi-family and other housing unit.
■ Estimated non-residential development is stated in terms of square feet of development and is
primarily related to change in population, but also reflects local and national standards for ratios of
land use within communities. Projected non-residential development is forecast for commercial,
industrial, and civic land uses. Civic land uses include institutions such as schools, universities,
government facilities, churches, parks, streets, and other infrastructure.
■ Residential housing units and non-residential development in square feet will be converted to
demand for water and wastewater service and applied to the CIP.
ExhibitA: Map showing Wastewater CCN
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Exhrb~t C:
Table 1: Population projections for2008- 2018
Year Estimated Percent COD Water Water Waste Waste
CQD Change Population Service Service Water Water
Population.. COD Fiscal.. Year.. Population Connected Service Service Population Population Population Connected
Fiscal Year Population
Fiscal Year
2007 109,895..
2008 113,393. 3.1829 110,769. 113,539 109,905 112,985 109,030
2009 117,002 3.1829 114,295 117,153 113,286 116,581 112,501
2010 120,726 3>1829 117,933 120,881 116,832 120,292 116,142
2011 125,770 4.178 121,987 125,037 121,036 124,427 120,134
2012 131,025.. 4.17$ 127,084.. 130,261 126,092 129,625 125,218
2013 136,499.. 4.178 132,393 135,703 131,428 135,041 130,450
2014 142,202. 4.178 137,925 141,373 136,990 140,683 136,041
2015 148,143. 4.178 143,687 147,279 142,787 146,561 141,871
2016 152,983.. 3.2674 149,353. 152,340 147,770 151,593 146,894
2017 157,982. 3.2674 154,233 157,318 152,598 156,547 151,772 2018 163,144. 3.2674 159,273. 162,458 157,584 161,662 156,731
Note 1: The area marred in the attached map, made by the Utilities Department, goes beyond the city limits but does not cover
the ~vhole 5-mile ETJ; the boundaries in the map ~vere dram using TSZ hones. The Comprehensive Plan of the City of Denton
includes the ETJ area in their Rudy area; hence the Planning Department finds it essential to refer to their land use assumptions
using the ETJ area.
Note 2: 1~ater Service Population is calculated as 2.5% higher than COD from 2008 to 2015, decreasing to 2.0% higher than
COD from 2016 to 2018. This was derived by the Utilities Department.
Note 3: Waste Dater Service Population if calculated as 2.0% higher than COD from 2008 to 2015, decreasing to 1.5%
higher than COD from 2016 to 2018. This gas derived by the Utilities Department.
Note 4: The ~vater and ~aste~vater service populations are adjusted to account for the d fference in calendaryear versuf fi.rcalyear
estimates and further adjusted to reflect that not all population in the service areas gill actualy be .nerved.
4
A. RESIDENTIAL LAND USE ASSUMPTIONS
To estimate the number of new housing units expected as a result of forecast changes in population it is
necessary to state assumptions about the following:
■ estimated population expected within the water and wastewater service areas;
■ estimated mix of housing units -single family as compared to multi-family;
■ estimated percentage of population living in group quarters such as college dormitories, assisted
living centers and jails;
■ estimated percentage of population that will live in single family housing units compared to the
percentage that will live in multi-family housing units;
■ estimated persons per housing unit for single-family and multi-family housing units; and ■ changing trends in these demographic factors over time.
A (i) CURRENT CONDITIONS
It is important to understand the current conditions with respect to each of these residential land use
assumptions:
■ The estimated 2008 population for the City will be 113,393. The estimated 2008 connected population (fiscal year) for the water service area will be 109,905
and 109,030 for the wastewater
service area.
■ According to Census 2000 data, the City of Denton had 17,276 single-family housing units and
15,477 multi-family and other units. That amounted to 53% single family and 47% of other housing
units.
■ According to NCTCOG, the estimated persons per housing unit, by type, are 2.52 persons per single
family housing unit and 2.12 persons per multi-family and other housing unit.
5
A (ii) PROJECTED CONDITIONS
Following are the factors used to derive an estimate of the number of new housing units for the period 2008
through 2018.
1. when the Denton Comprehensive Plan 1999-2020 was adopted in December of 1999, 49% of the housing was single family and 51% was multi-family and others.
It is one of the growth strategy
assumptions outlined in the Comprehensive Plan to change that ratio to 60% single-family housing and
40% multi-family housing by the year 2020. From 1999 to 2007, the numbers of single family dwelling
units increased at a rapid rate, such that by the year 2008 the ratio of single family to multi-family has
already reach the 60:40% ratio. As of January 1, 2008, the number of single family units was 24,357 and
the number of multi-family units was 16,556. During the past few years the number of housing units
both single and multi-family receiving permits finaled has steadily declined.
Based the percent increase utilizing NCTCOG household forecast numbers between 2010 and 2020, the 60:40% ratio Comprehensive Plan goal between single family and multi-family
units and utilizing
NCTCOG's estimated persons per housing unit, by type, of 2.52 persons per single family housing unit
and 2.12 persons per multi-family and other housing unit, it is estimated that single-family housing units
will increase to 35,730 units and that multi-family housing units will increase to 23,820 units in 2018.
Table 2: Estimated number ofhousing units by type
Year Number of % of SF % Change Number of % of MF % Change of SF Units units of SF MF units & units MF
other
2000 17,276 52.75 15,477 47.25
2001 18,520 53.29 7.20 16,233 46.71 4.88
2002 19,584 54.64 5.75 16,259 45.36 0.16
2003 20,634 55.90 5.36 16,280 44.10 0.13
2004 21,813 57.33 5.71 16,233 42.67 -0.29
2005 23,009 58.63 5.48 16,236 41.37 0.02
2006 23,863 59.08 3.71 16,530 40.92 1.81
2007 24,357 59.53 2.07 16,556 40.47 0.16
Calculatin increase utlllzin NCTCOG housrn forecast numbers
2008 25,189 60.00 16,793 40.00
2009 25,898 60.00 2.82 17,266 40.00 2.82
2010 26,628 60.00 2.82 17,752 40.00 2.82
2011 27,686 60.00 3.98 18,458 40.00 3.98
2012 28,787 60.00 3.98 19,191 40.00 3.98
2013 29,931 60.00 3.98 19,954 40.00 3.98
2014 31,121 60.00 3.98 20,747 40.00 3.98
2015 32,358 60.00 3.98 21,572 40.00 3.98
2016 33,445 60.00 3.36 22,297 40.00 3.36
2017 34,568 60.00 3.36 23,046 40.00 3.36
2018 35,730 60.00 3.36 23,820 40.00 3.36
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Note 1: Single-Family Dwelling: ~1 detached residential unit other than a manufactured home, hotel or motel,
designed for and occupied by one family on y.
Note 2: Multi-Family Dwelling: A structure or~ortion designed for three or more duelling units or for occupancy
by members of a fraternity or sorority, or by three or more boarders or roomers.
2. Based on the estimated number of housing units by type listed in Table 2 and the NCTCOG's estimated
persons per housing unit, by type, of 2.52 persons per single family housing unit and 2.12 persons per
multi-family and other housing unit, it is estimated that the population living in single-family housing will
increase to 90,039 and 50,498 for multi-family in 2018.
Table 3: Estimated population by household type
YEAR SINGLE FAMILY MULTI-FAMILY POPULATION POPULATION
2008 63,476 35,600
2018 90,039 50,498
3. The intensity of residential land use is indicated by the number of persons per housing unit. The local and
national trend toward smaller households is expected to continue.
Table 4: Estimated persons per unit and units per acre (density)
YEAR SINGLE FAMILY MULTI-FAMILY 2008 2.52 per unit & 2.12 per unit &
3 units /acre 14 units /acre
2018 2.52 per unit & 2.12 per unit &
3 units /acre 14 units /acre
Note According to NCTCOG, the estimated~ersons~er housing unit, by type, are 2.52
persons per single family housing unit and 2. ~2 persons per multi famiy and other housing unit.
Note 2: One of the Denton Plan's Gro~th Management assumption is that city~ide the average
density for single family development gill be three units pergross acre and that city~vide the average density for multi famiy development gill be 74 units pergross acre.
7
Applying each of these factors to the forecast population for water and wastewater service areas yields the
estimated number of housing units for the period 2008 through 2018.
Table 5.• RESIDENTIAL LAND USE ASSUMPTIONS
CHARACTERISTIC WATER CCN WASTE WATER CCN
SERVICE AREA SERVICE AREA 2008 2018 Change 2008 2018 Change
Connected Population 109,905 157,584 47,679 109,030 156,731 47,701
Total Household
Population 101,553 143,347 41,794 101,057 142,644 41,587
Sin le Famil Po elation 65,063 91,839 26,777 64,745 91,389 26,644
Multi-Family ~ other Poi 36,490 51,508 15,018 36,312 51,255 14,943
Total number of
Housing units 41,163 59,020 17,857 40,835 58,701 17,866
Note 1: 1Fater Service Population and Household population is calculated as 2.5% higher than COD from 2008
to 2015, decreasing to 2.0% higher than COD from 2016 to 2018. This was derived by the Utilities Department.
Note 2: 1Faste LUater Service Population and Household population is calculated as 2.0% higher than COD from
2008 to 2015, decreasing to 1.5% higher than COD from 2016 to 2018. This was derived by the Utilities
Department.
Note 3: The water and wastewater service populations are adjusted to account for the d~erence in calendaryear
versus fiscal year estimates and further adjusted to reflect that not all population in the service areas will actually be
served.
Note 4: The total number of housing units was derived utilising the population projections in Table 1 and the
NCTCOG estimate persons per residential unit of 2.67.
8
B. NON-RESIDENTIAL LAND USE ASSUMPTIONS
To estimate the amount of commercial, industrial and civic development expected as a result of forecast
changes in population it is necessary to state assumptions about the following:
■ estimated population expected within the water and wastewater service areas;
■ ratio of developed land by type of land use, in the city and from national studies
■ estimated land use ofnon-residential land uses to residential land use ■ estimated ratio of non-residential land uses to residential land use
■ estimated floor area per acre of non-residential land uses; and
■ changing trends in these land use factors over time.
B (i) CURRENT CONDITIONS
It is important to understand the current conditions with respect to each of these non-residential land use
assumptions:
• In 2000 NCTCOG published the following land uses data for the City of Denton. No new land use data after 2000 has been published by NCTCOG. Using existing land use GIS data
available as of
February 2008, the Planning Department calculated the land developed in acres and the percent of
land developed for each land use.
Table 6: ~xrsti~g Land Use wlthln the City ofDenton
2000 2008
Land % of Land % of
developed in developed land developed in developed
(acres) (acres) land
Residential 5,906 36.93 8,524 31.67
Single Family 4,988 31.19 7,512 27.91
Multi-Famil /Other 918 5.74 1,012 3.76 Commercial 1,217 7.61 2,538 9.52
Industrial 1,025 6.41 811 2.93
Institutional 878 5.49 2,797 10.39
Infrastructure 6,051 37.84 - -
Parks & Flood 720 4.50 844 3.14
Plain
Under 116 0.73 - -
Construction
Water 78 0.49 - -
Other (Misc.) - - 11,439 42.35
Total Developed 15,991 100.00 26,956 100.00
Vacant 24,354 28,826
Total 40,345 55,782
The following is a definition of each land use type listed above:
Single Family One family detached units and duplexes.
9
Multi-Family Structures with three or more separate units such as apartment complexes, townhouses and
condominiums.
Other Residential Mobile homes (inside mobile home parks and free-standing units), group quarters or
nursing homes, orphanages, college dormitories, jails, military base personnel quarters.
Industrial Manufacturing plants, warehouses, office showrooms, etc.
Commercial All office structures and retail buildings, shopping centers, department stores, repair shops,
supermarkets, restaurants, hotels and motels, amusement parks, and large stadiums. Institutional Churches, governmental facilities, museums, schools, hospitals, medical clinics,
libraries,
military bases.
Infrastructure All roads, airports (including terminals and runways), railroads, radio and television
communication stations, truck terminals, sewage treatment and power plants, sanitary landfills, power line
easements, pump stations, water treatment plants, waste management facilities, and water systems.
Parks & Flood Plain All public and private parks, golf courses, cemeteries, tennis courts, swimming pools,
and zoos, plus major flood control structures, levies and flood channels.
Under Construction Land that has undergone site preparation and construction has begun.
Water All water bodies. Vacant Undeveloped land plus parking lots and garages.
Total acres All land and water acreage within the city.
In 2000, within the City of Denton and assuming that there were no housing units located on land specified
as non-residential use, there were 17,276 single family units on 4,988 acres, a rate of 3.46 units per acre. There
were 15,477 multi-family and other residential units on 918 acres, a rate of 16.86 units per acre. Overall, there
were 32,753 housing units on 5,906 acres of residential land, a rate of 5.54 housing units per acre.
Table 7: 2008 Summary ofZoning Classl~catlon
Zoning Area in Acres % of All Zoned
Classification Area
A 2255.013 3.87
CM-E 231.188 0.40
CM-G 1032.682 1.77
DC-G 1467.477 2.52
DC-N 36.656 0.06
DR-1 132.894 0.23
DR-2 582.568 1.00
EC-C 844.338 1.45
EC-I 1239.303 2.13
IC-E 1395.078 2.39
IC-G 3722.083 6.38
MF-1 0.413 0.00
MPC 6672.666 11.45
NR-1 427.912 0.73
NR-2 9703.667 16.64
NR-3 4007.368 6.87
NR-4 5119.206 8.78
NR-6 1587.304 2.72
NRMU 1173.473 2.01
NRMU-12 1251.085 2.15
10
PD 7255.819 12.45
RCC-D 1534.317 2.63
RCC-N 1092.875 1.87
RCR-1 722.5 8 1.24
RCR-2 47.052 0.08
RD-5 4763.97 8.17
Note Acreage if based on GIS data available as of February 2008.
The following is a description of each zoning district:
Rural Residential (RD-5) These are areas of very low density residential development and agricultural lands.
Rural Commercial (RC) These areas are the locations of small rural commercial operations such as general
stores, established "Fruit Stands" and places where some hand made goods can be purchased. Neighborhood Residential 1 (NR-1) These areas are a prominent feature of Denton's
newest
neighborhoods while protecting existing neighborhoods. Residential densities in these areas average one
home per acre.
Neighborhood Residential 2 (NR-2) Primarily residential development. Residential densities in these areas
will average two homes per acre.
Neighborhood Residential 3 (NR-3) The predominant zoning category of residential development in
Denton. Residential densities in these areas will average three homes per acre.
Neighborhood Residential 4 (NR-4) Primarily residential with some allowances for duplex-style
development. Residential densities in these areas will average four homes per acre. Neighborhood Center Residential 6 (NR-6) These areas will be a prominent feature of Denton's
newest
neighborhoods while protecting existing neighborhoods. They focus on the heart of the neighborhood and
encourage an appropriate mix of housing types with some supportive commercial uses. Typically expect to
see about six houses per acre of land.
Neighborhood Residential Mixed Use 12 (NRMU-12) Mixed use development intended to preserve and
protect existing neighborhoods and to ensure that any new infill development is compatible with existing land
uses, patterns, and design standards. This category allows low to moderate intensity multi-family housing.
Residential densities in these areas average twelve units per acre.
Neighborhood Residential Mixed Use (NRMU) The heart of the Neighborhood Center. Appropriately designed neighborhood-oriented retail, office and service development with allowances
for townhomes, civic
uses and limited multi-story apartments. and This category will be home to moderate and higher intensity
multi-family housing.
Community Mixed Use General (CM-G) These areas provide the necessary shopping, services, recreation,
employment and institutional facilities that are required and supported by the surrounding community. This
use category contain buildings ranging from one to three stories with at least 20% of each property being
landscaped.
Community Mixed Use Employment (CM-E) These areas will provide the necessary, services, employment and institutional facilities that are required and supported by the
surrounding community. This
use category will contain buildings ranging from one to three stories with at least 20% of each property being
landscaped. These areas may contain locations for new office blocks and campus -style office development.
Downtown Residential (DR-1) These areas represent the traditionally residential portions of downtown. In
the future expect to see more new residential projects.
Downtown Residential (DR-2) These areas also represent the traditionally residential portions of
downtown. In the future expect to see more new residential projects with slightly higher density standards. In
these areas buildings may reach up to three or four stories in height.
Downtown Commercial General (DC-G) This is the central core of downtown Denton. The setting is urban with much activity. ~1ith broad sidewalks and buildings oriented to the
street, all the downtown land
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use categories will help to create and enhance an inviting urban environment. In these areas buildings may
reach up to eight stories in height.
Downtown Commercial Neighborhood (DC-N) These areas, slightly less intense than the Downtown
Commercial General, are also an urban setting containing a mix of jobs and housing. In these areas buildings
may reach up to five stories in height.
Regional Center Residential 1 (RCR-1) These regional centers are designed to create focal point of
community activity including shopping, services, recreation, employment and institutional facilities. These more intense residential areas will contain a wealth of supportive
shops and services. They are an important
component for the local neighborhood as well as an entire region.
Regional Center Residential 2 (RCR-2) These regional centers are designed to create focal point of
community activity including shopping, services, recreation, employment and institutional facilities. The
setting in this area is urban, containing a mix of jobs and housing both within the same buildings and nearby
with a focus on multi-family housing. In these areas buildings may reach up to four stories in height.
Regional Center Commercial Neighborhood (RCC-N) This type of regional center stresses the
importance of neighborhood scale retail and commercial uses. As in the other Regional Center areas here you
will find activities including shopping, services, recreation, employment and institutional facilities. In these areas buildings may reach up to five stories.
Regional Center Commercial Downtown (RCC-D) These centers will serve as major commercial hubs
for Denton. These areas of much commercial activity will serve the entire region. In these areas buildings
may reach up to eight stories in height. As in the other Regional Center areas here you will find activities
including shopping, services, recreation, employment and institutional facilities.
Employment Center Commercial (EC-C) These are areas that provide locations for a broad variety of
workplaces and complimentary uses. In general there is a focus on office and professional businesses in this
land use category. Employment Center Industrial (EC-I) The purpose of these areas is to provide locations for a variety of
workplaces and complimentary uses. In general there will be slightly more light manufacturing and low
impact industrial uses in this land use category than EC-C.
Industrial Center Employment (IC-E) This area has many of the same work processes and employment
types as Industrial Center General such as manufacturing, warehousing and distributing, indoor and outdoor
storage, and a wide range of commercial and industrial operations with the inclusion of more amenities added
which include hotels, motels, and recreation facilities.
Industrial Center General (IC-G) These areas can be characterized as containing a variety of work
processes and employment such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations.
Planned Development (PD) These are master planned developments that have to meet higher standards of
scrutiny through the development process. Details of developments within PD districts will go before the
P&Z Commission and the City Council.
Multi-Family-1(MF-1) Multi-family district designated as a holdover by Council action February 5, 2002.
Agricultural (A) Recently annexed property into the city limits of Denton. Current zoning is designated as
Agricultural pending future zoning case.
12
• Applying the area of each type of non-residential land use to residential land use and multiplying by
the number of housing units per acre of land, a ratio expressed in the number of housing units
required to support an acre of commercial, industrial and civic land use can be developed.
Table 8: 2000 Land Development Rate
Commercial Industrial Civic
Housing units needed to
support an acre of land 23.7 24.9 6.78
• For calculating intensity, practical development intensity has been a floor area ratio of 0.25 for
commercial and 0.40 for industrial land uses. For comparison purposes, in the Denton Development Code, two zoning districts that serves to provide the necessary shopping,
services, recreation,
employment and institutional facilities are Community Mixed Use General (CM-G) and Community
Mixed Use Employment (CM-E). The maximum floor area ratio for CM-G is 1.5 and for CM-E is
0.75. Similarly, two zoning districts that serve to provide locations for a variety of work processes
and employment such as manufacturing, warehousing and distribution and a wide range of industrial
operations are Industrial Center Employment (IC-E) and Industrial Center General (IC-G). The
maximum floor area ratio for IC-E is 0.75 and for IC-G is 0.40.
B (ii) PROJECTED CONDITIONS
1. It is assumed in the Comprehensive Plan that the mix of residential, commercial and institutional
land uses will be approximately the same as currently exists while industrial land uses will be higher.
It is estimated that between 2008 and 2018 the percent of develop land by land use will increase 2%
annually.
Table 9: Estimated Percept ofDeveloped Land
Year Single family Multi-family Commercial Industrial Institutional
2000 31.19 5.74 7.61 6.41 5.49
2008 27.91 3.76 9.52 2.93 10.39
2018 34.02 4.58 11.60 3.57 12.67
2. Single family residential housing will continue to develop at a rate of 3 units per acre and multi-family
residential housing will continue to develop at a rate of 14 units per acre.
13
3. The density of non-residential land use is indicated by the relationship between residential and non-
residential land used. As residential and non-residential development in the water and wastewater
service areas increase in density, the number of housing units required to support an acre of non-
residential land use can be expected to increase by one housing unit between 2008 and 2018.
Table 10: Estimated Non-Res~dentral Land Development Rate
(Housing units~er acre of non-residential land
Year Commercial Industrial Civic
2000 23.7 24.9 6.78
2008 24.0 25.0 7.0
2018 25.0 26.0 8.0
4. The intensity of non-residential land use is indicated by the amount of floor area developed per acre
of land, a practical development intensity has been a floor area ratio of 0.25 for commercial and 0.4
for industrial land uses. It can be reasonable to expect that commercial, industrial, and civic intensity
of land use will increase by approximately 20 percent between 2008 and 2018. The table also
indicates the relative intensity of land use among each of the non-residential land uses, with industrial
land developed most intensely, followed by commercial and then civic.
Table 11; Estimated Non-Residential Land Development Rate
(Percent of floor area~er acre of non-residential land
Year Commercial Industrial Civic
2008 25 40 4.5
2018 30 48 5.4
Applying each of these factors to the forecast population and housing units for water and waste water service
areas yields the estimated amount of non-residential development, for the period 2008 through 2018.
Table 11: NON-RESIDENTIAL LAND USEASSUMPTIDNS
CHARACTERISTIC WATER CCN WASTE WATER CCN
SERVICE AREA SERVICE AREA 2008 2018 Change 2008 2018 Change
Connected 109,905 157,584 47,679 109,030 156,731 47,701
Population
Housing Units 41,163 59,020 17,857 40,835 58,701 17,866
Land Use (Acres)
Commercial 1,715 2,361 646 1,701 2,348 647
Industrial 1,647 2,270 623 1,633 2,258 624
Civic 5,880 7,378 1,497 5,834 7,338 1,504
Floor Area (million square feet)
Commercial 18.68 30.85 12.17 18.53 30.68 12.16
Industrial 28.69 47.46 18.77 28.46 47.21 18.75
Civic 11.53 17.35 5.83 11.43 17.26 5.82 2008 Water Service Area Zone 2 Land use Assumptions
14
2008 mater Service Area Zone 2 Land use Assumptions
Influences to Land Use Patters ofZo~e 2
There are many possible build-out scenarios for the land within Zone 2 depending on the timing of
major transportation and development projects. Currently, market pressure for development is occurring
within areas with easy transportation access. Arterials such as FM 2449 and Robson Ranch Road will most
likely need to be increased in capacity to handle future traffic demand. In addition, the construction of Loop
288 north from I-351 through the Cole Ranch Master Plan Community (MPC) will increase development activity occurring within this area.
Cole Ranch Master Plan Community
In February 2008, the City Council approved the Cole Ranch MPC. The approximately 3,256.92 acres of
property is located west of Interstate 35 ~1est, south of Tom Cole Road. The Cole Ranch MPC consists will contain a variety of land uses that will provide opportunities
for vertical and horizontal mixed-use
developments. The development will consist of approximately 1,955 acres of Single Family development, and
approximately 342 acres of Neighborhood Residential Mixed Use development with multi-family, attached
single family, retail and office uses. The development will also contain 180 acres of Community Mixed Use
(CM-G) zoned property, 301 acres of Employment Center, and 85 acres of Industrial Center. The estimated
residential development will consist of 6,182 single family homes with an overall gross density of 2.9
dwellings per acre, 2,621 attached single family homes with a maximum of gross density of 12 units per acre
and 2,800 multi-family units with a maximum gross density of 30 units per acre.
The community is being designed with higher density and more intense uses (office and retail) along the
proposed alignment of Loop 288 and a more traditional suburban residential development towards the south
and west. Two Neighborhood Residential Mixed Use Districts are proposed to provide higher density
residential and neighborhood service oriented businesses to the surrounding single family detached residential
areas.
In an effort to facilitate the overall development of the MPC and provide the necessary institutional,
educational, and community uses, the Denton Independent School District (DISD) has purchased a 90 acre high school site which will be part of Phase III. A middle school site has
also been finalized as part of Phase
II and two elementary school sites are proposed, as shown on the development plan exhibit. The exact
locations have not been determined but the two elementary schools sites will be donated by the property
owner to DISD. All four school sites make up approximately 165 acres of land within the Cole Ranch
development.
There are approximately 680 acres of open space included in the MPC. Much of the open space is made up
of floodplain and Environmentally Sensitive Areas (ESAs). The applicant will identify the ESA mitigation
measures at the final plat process. The applicant will dedicate approximately 72 acres of park land for both passive and active recreational purposes as required by the
City of Denton Park Land Dedication
requirements.
Inspiration Master Plan Community
The Planning and Development is currently processing another MPC called Inspiration. The
approximately 3,331 acres subject property is generally located generally located on both sides of I-351 between Robson Ranch Road and Vintage Boulevard. The proposed
MPC is primarily undeveloped. The
applicant is proposing to develop the property with a mix of residential, retail, commercial and open
15
space/recreational uses. The proposed zoning plan depicts approximately 2,849.5 acres of residential
development and 481.6 acres of mixed use development. The MPC will include schools, trails, parks, ponds
and community centers.
A maximum of 12,089 single family dwelling units and 3,253 multi-family dwelling units are being proposed.
The average single family density will be 4.47 units per acre and the ratio of single family to multi-family units will be 79% to 21% (the ratio is based on maximum densities allowed
within each zoning district). A higher
density mixed use regional center is proposed near the intersection of I-351 and Allred Road in addition to
other community and neighborhood mixed use centers.
16
Population Projections for the Zone 2 Study Area
r
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17
2008 Land Use Assumptions for mater Service Area Zone 2
• The development of the Cole Ranch MPC will commence late 2010.
• The development of the Inspiration MPC will commence late 2011.
• It is estimated that 25 total housing units will be constructed in the Zone 2 area in 2010,
increasing to 1,150 housing units by 2018.
2007 1036
2008 0 0 0 0 0 0 1,036 0.00
2009 0 0 0 0 0 0 1,036 0.00 2010 25 0 25 63 0 63 1,099 6.08
2011 150 0 150 378 0 378 1,477 34.40
2012 300 0 300 756 0 756 2,233 51.19
2013 450 50 500 1134 106 1240 3,473 55.54
2014 500 150 650 1260 318 1578 5,051 45.44
2015 600 200 800 1512 424 1936 6,987 38.33 2016 600 200 800 1512 424 1936 8,923 27.71
2017 750 350 1100 1890 742 2632 11,555 29.50
2018 750 400 1150 1890 848 2738 14,293 23.70
NOTE:
~N THE ABOVE TABLE, POPULATION HAS BEEN CALCULATED USING ONE OF THE
GROWTH STRATEGY ASSUMPTIONS THAT ACCORDING TO NCTCOG THE NUMBER OF
PERSONS PER SINGLE FAMILY UNIT WOULD BE 2.52 AND NUMBER OF PERSONS PER MULTI-FAMILY UNIT BE 2.12.
■ Existing population in 2008 vas calculated using existing land use GIS data.
CONCLUSIONS
City growth will continue to expand as emigration to Denton remains strong. The city will maintain an
average of 3 to 5 percent annual growth rate.
Population for the Phase I area will reach 14,293 by 2018, based on the land use assumptions.
The city will need to maintain its current policy of annexation of property where available infrastructure
and development pressures are applied.
18
2008 Land Use Assumptions for wastewater Clear Creek Basin Zone
Land Use Assumptions Phase I Development Area
The Phase I service area incorporates land already designated in the Denton Comprehensive Plan as an
urbanized area, and land that was originally designated as "Rural Areas." Of the 11,500 acres that makes up
the Phase I service area, roughly half (5,751 acres) lies within the designation of "Rural Areas."
Phase I Area Future Land Use Plan Adopted -1999
The construction of the wastewater treatment facility and transmission lines will enable land within Phase
I to be serviced regardless of the property's location within or outside the Comprehensive Plan's urbanizing
area. Therefore it is conceivable that within the 2018 year timeframe, some development may occur within
the currently designated Rural Areas. By assigning Neighborhood Centers to the Rural Areas of Phase I,
Denton increases the ability to proactively plan for development patterns which will achieve the policies as
stated in the plan. Development within Neighborhood Centers has the potential to include agricultural uses,
one-acre residential development, and specifically sited higher density housing and neighborhood-oriented
retail/office uses which complement and provide services to the neighborhood.
19
Phase I Proposed Future Land Use Areas
Influences to Land Use Patterns ofPhase I
There are many possible build-out scenarios for the land within Phase I depending on the timing of major transportation and development projects. Currently, market pressure
for development is occurring
within areas with easy transportation access. Arterials such as FM2165 (North Locust), FM 426 (Sherman
Drive), and the future extension of Bonnie Brae north will most likely need to be increased in capacity to
handle future traffic demand. In addition to current transportation linkages within this area, the North Texas
Tollway Authority, responsible for the construction and maintenance of the Dallas North Tollway have
begun studies for a future extension of the tollway to reach from the City of Frisco northward to US 380 and
eventually tie into Interstate 35 either in north Denton County or southern Cooke County. The possible
inclusion of an alignment of the Tollway will affect how future projections for this area may be developed.
In 2007, the Planning and Development Department processed the first Master Plan Community (MPC)
called the Hills of Denton and was approved in July 2007. The future development of the Hill of Denton
MPC will increase the housing and economic growth to the area. The Hills of Denton MPC is approximately
2,100 acres located north of Loop 288, west of Locust, south of Milam and east of I-35. The development
consists of single- and multi-family housing, commercial retail and office, a town center and various public
amenities. The Hills of Denton MPC phasing plan show a commencement date of 2009 with a completion date during the next 20 to 25 years.
Development of the University of North Texas' North Campus site at US 77 and Loop 288, may induce
associated interest in retail and services within the surrounding Regional Mixed Use centers to accommodate
the employment population the site will generate. There are chances that UNT may acquire some property
for multi-family apartments or dormitories.
20
It is assumed that neighborhood centers will have 70% of its land developed for residential uses, 20% will be
developed for commercial uses, 10% will be developed for civic and recreational uses. (Civic uses include
schools, libraries, police and fire stations, and parks and greenways)
The Growth Management Strategy assumptions in the comprehensive plan state that residential land area mix at 60% single family housing units and 40% multi-family and others, by
the year 2020 for the whole city.
Achievement of that policy may be obtained by having in these areas the total number of projected housing
units split as 70% single family units and 30% multi-family units and others.
It is anticipated that Phase I-B would not develop much until it is provided with water services. Even
though presently Phase I-C also does not have water services, it might be easier to take out water lines for
that area from new water lines extending from the Lake Ray Roberts ~Xlater facility along Sherman Drive and
so there are more chances of development occurring in Phase I-C. Phase I-A is included in both water and
wastewater service area, hence it is prime for development. It is assumed that the subject area would experience significant growth when areas in the southern section
of Denton reach development capacity.
Population Projections For Phase I Study Area
dl ~ ~ _
Clear Creek Bash Study Subareas
21
LAND USE ASSUMPTIONS FOR PHASE I-A
• The development of the Hills of Denton MPC will commence late 2009.
• It is estimated that 25 total housing units will be constructed in the Phase I-A area in 2009,
increasing to 450 housing units by 2018.
2007 806
2008 0 0 0 0 0 0 806 0.00 2009 25 0 25 63 0 63 869 7.81
2010 150 0 150 378 0 378 1,247 43.48
2011 250 50 300 630 106 736 1,983 59.00
2012 350 50 400 882 106 988 2,971 49.81
2013 400 50 450 1008 106 1114 4,085 37.49
2014 425 50 475 1071 106 1177 5,262 28.81
2015 450 50 500 1134 106 1240 6,502 23.56 2016 450 50 500 1134 106 1240 7,742 19.07
2017 450 50 500 1134 106 1240 8,982 16.02
2018 450 50 500 1134 106 1240 10,222 13.80
NOTE:
~N THE ABOVE TABLE, POPULATION HAS BEEN CALCULATED USING ONE OF THE
GROWTH STRATEGY ASSUMPTIONS THAT ACCORDING TD NCTCOG THE NUMBER OF PERSONS PER SINGLE FAMILY UNIT WOULD BE 2.52 AND NUMBER OF PERSONS PER
MULTI-FAMILY UNIT BE 2.12.
■ Existing population in 2008 vas calculated using existing land use GIS data.
22
LAND USE ASSUMPTIONS FOR PHASE I-B
• Until there is water service provided in this area, it will experience negligible growth.
■ It is estimated that the subject area would experience growth. Development pressure will demand
water and wastewater services.
• It is estimated that an average of 25 total housing units will be constructed in the Phase I-B in 2013,
increasing to 100 housing units each year between 2016 and 2018.
. 1 1 1 1 1 1 1 i 1~ ' 1 ~ 1 1 1 1 1 - - 1 '1 1 '1 11 1
1 ~ i 1 ~ 11 1 1 1 1
1 ~ - 1 1 '1 11 ~ 1 11 ~ 1
2007 93
2008 0 0 0 0 0 0 93 0.00 2009 0 0 0 0 0 0 93 0.00
2010 0 0 0 0 0 0 93 0.00
2011 0 0 0 0 0 0 93 0.00
2012 0 0 0 0 0 0 93 0.00
2013 25 0 25 63 0 63 156 67.57
2014 25 0 25 63 0 63 219 40.32 2015 25 0 25 63 0 63 282 28.74
2016 100 0 100 252 0 252 534 89.29
2017 100 0 100 252 0 252 786 47.17
2018 100 0 100 252 0 252 1,038 32.05
NOTE:
IN THE ABOVE TABLE, POPULATION HAS BEEN CALCULATED USING ONE OF THE
GROWTH STRATEGY ASSUMPTIONS THAT ACCORDING TO NCTCOG THE NUMBER OF PERSONS PER SINGLE FAMILY UNIT WOULD BE 2.52 AND NUMBER OF PERSONS PER
MULTI-FAMILY UNIT BE 2.12.
■ Existing population in 2008 vas calculated using existing land use GIS data.
23
LAND USE ASSUMPTIONS FOR PHASE I-C
• This area will also experience negligible growth, until water services are provided. Ease of access to
waterlines along FM 426 may make future development of this area attractive.
• Majority of the land in this part is under a common ownership. The owner has not expressed a
reason, need or desire to develop his land. Therefore, development may not occur within the next
ten years.
• It is estimated that an average of 25 total housing units will be constructed in the subjected area each
year from 2010.
. 1 1 1 1 1 1 1 1~ ' 1 ~ 1 1 1 1 1
- - 1 '1 1 '1 11 1
1 ~ i 1 ~ 11 1 1 1 1 1 ~
- 1 1 '1 11 ~ 1 11 ~ 1
2007 136 2008 0 0 0 0 0 0 136 0.00
2009 0 0 0 0 0 0 136 0.00
2010 25 0 25 63 0 63 199 46.30
2011 25 0 25 63 0 63 262 31.65
2012 25 0 25 63 0 63 325 24.04
2013 25 0 25 63 0 63 388 19.38 2014 25 0 25 63 0 63 451 16.23
2015 25 0 25 63 0 63 514 13.97
2016 25 0 25 63 0 63 577 12.25
2017 50 0 50 126 0 126 703 21.83
2018 50 0 50 126 0 126 829 17.92
NOTE:
IN THE ABOVE TABLE, POPULATION HAS BEEN CALCULATED USING ONE OF THE GROWTH STRATEGY ASSUMPTIONS THAT ACCORDING TO NCTCOG THE NUMBER OF
PERSONS PER SINGLE FAMILY UNIT WOULD BE 2.52 AND NUMBER OF PERSONS PER
MULTI-FAMILY UNIT BE 2.12.
■ Existing population in 2008 vas calculated using existing land use GIS data.
' • • ~ ~
~ •
ll:
PART A 806 10,222
Part B 93 1,038
Part C 136 829 Total 1,035 12,089
24
Since Phase I-B and I-C subareas were not originally included in the urbanized area of the comprehensive
plan and its projections, these numbers should be added in addition to the projected total population of the
city.
Policy Ramifications of Phase I
with the inclusion of the entirety of the Phase I basin into the Urbanizing Area of the Denton
Comprehensive Plan, residents, elected and appointed officials must consider the utilization of annexation
and comprehensive plan amendment policies.
Annexation Policy
The comprehensive plan states:
The city will proactively annex land within its southern ETJ and other urbanizing areas that become
attractive for urban development due to the availability of municipal utilities, and due to location within close
proximity to areas being subdivided and developed. Proper management of development in the urbanizing
areas depends on annexation and application of zoning regulations that support the recommended land use
plan. (The Denton Plan 1999-2020 p. 29~
within the past three years, several annexations have occurred within the western and northern areas of Denton. As development pressure continues to expand towards the west and
north, annexations must be
considered to maintain proactive growth management controls (zoning, site design and transportation
standards) within these areas.
Com~rehenfive Plan Amendment
with the inclusion of subareas I-B and I-C into consideration for development, the city must bring
forward a comprehensive plan amendment for public review to include these areas as "Urbanizing Areas"
rather than the previously designated "Rural Areas."
Phase II Land Use Assumptions and Population Projections
Growth within the remainder of the Clear Creek Basin within the city's CCN Boundary (Phase II) will
remain at rural rates as the distances involved with providing connections to urban level infrastructure
services remains cost prohibitive within the timeframe of this report.
with the annexation of two large areas within this area, the City's water and wastewater service
obligations will be necessitated by future development. One of the annexation areas was of the Craver Ranch
development.
25
Conclusions
City growth will continue to expand as emigration to Denton remains strong. The city will maintain an
average of 3 to 5 percent annual growth rate.
Development pressure in the Phase I Basin has prompted the city to construct wastewater treatment
facilities that will eventually have the capacity to efficiently maintain the City's service obligations for the
Clear Creek Basin.
Population for the Phase I area will reach 12,089 by 2018, based on the land use assumptions.
The city will need to proactively consider a comprehensive plan amendment for subareas I-B and I-C. In
addition, the city will need to maintain its current policy of annexation of property where available
infrastructure and development pressures are applied.
Population growth for the Phase II area will remain at current rural area rates for the time being.
26
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CITY OF DENTON
Wastewater Improvements Costs
2008 - 2018
Percent Applicable to
Improvements Cost Impact Fee Applicable Cost
1 Clear Creek WWTP (3.0 MGD) ~ $18,000,000 50% $8,940,600
2 Pecan Creek WRP (15.0 MGD) $34,737,640 0% $0
3 Pecan Creek WRP (6.0 MGD) $25,731,272 83% $21,228,299
Trea#ment Plant Subtotal $78,468,912 $30,?68,899
~ ~
4 South Wet Weather Lift Station $2,442,914 60% $1,465,748 5 Grave and Branch Lift Station & Force Main $7,050,304 56% $3,923,494
6 Cooper Creek Lift Station & Force Main $2,110,617 24% $510,136
7 West Wet Weather Lift Station $1,482,796 98% $1,455,809
Lift Station & Force Main Sub#otal $13,086,630 $7,355,187
8 State School Interceptor 1 _ $2,962,.1.25 31% $920,628
9 Pecan Creek Interceptor 1 $2,089,645 12% $246,369 10 Pecan Creek Interceptor 2 $2,736,779 16% $450,474
11 Pecan Creek Interceptor 3 $1,669,678 20% $328,760
12 Pecan Creek Interceptor 4 $1,222,300 20% $238,960
13 State School Interceptor 2 $3,999,588 32% $1,262,670
14 Cooper Creek Interceptor 1 $896,634 16% $146,151 15 Hickor Creek Interceptor 5 $1,789,445 38% $680,526
16 Hickor Creek Interceptor 1 $3,920,481 39% $1,543,885
17 Hickor Creek Interceptor 6 $2,057,196 29% $601,936
18 Hickor Creek Interceptor 2 $1,611,500 27% $440,745
19 Cooper Creek Interceptor 2 $793,240 17% $131,043 20 Hickor Creek Interceptor 7 $957,708 30% $287,312
21 Hickor Creek Interceptor 3 $1,742,491 26% $449,737
22 Hickor Creek Outfall 1A $410,277 34% $139,453
23 Hickor Creek Interceptor 4B $520,292 13% $65,036
24 Hickor Creek Interceptor 4A $1,555,076 15% $239,171 25 Coed Outfall 1A $161,207 8% $12,236
26 Coed Outfall 1 B $823,757 6% $52,144
27 Clear Creek Interceptor $7,466,520 36% $2,653,601
28 Pecan Creek Interceptor (Ph. 1 & 2) $2,966,459 12% $356,865
29 Coo er Creek Outfall Loo 288 $3,498,100 15% $539,757 30 Krum Sewer Line $261,911 15% $39,287
31 Grave and Branch Interce for $4,291,943 35% $1,517,202
32 Roark Branch Interce for $2,294,571 25% $573,643
Interceptors Subtotal $52,698,924 $13,917,591
Total Wastewater Improvements Capital Costs $144,254,466 $51,441,678
1 The Clear Creek INUVTP construction cost is based on $6.00 per gallon.
f1 V 0 D D ~ D 0
O O o EXHIBIT C
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AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Planning and Development
ACM: Fred Green, 349-8351
SUBJECT - Z08-0006 (Elk Springs)
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas
regarding the rezoning of two tracts of land totaling approximately 3 8.445 acres of land from a
Regional Center Residential 1 (RCR-1) zoning district to a Regional Center Commercial
Downtown (RCC-D) zoning district. The property is located along the west side of I-35E,
approximately 1,500 feet north of the intersection of Wind River Lane and Unicorn Lake Road
and is legally described as a tract of land situated in the J. White Survey, Abstract Number 143
and the D. Lambert Survey, Abstract Number 784, Denton County, Texas; providing for a
penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an
effective date. The Planning and Zoning Commission recommends approval of the zoning
change request (5-1) subj ect to an overlay district.
BACKGROUND
Applicant: ERI-Denton 3 8 Land, L.P. Denton, TX
According to the applicant, the purpose of the rezoning request is to allow the property to be
developed with a diverse mix of land uses along the I-35 frontage. These uses would include a
mix of commercial uses including office, retail and restaurant land use categories.
The subject property is also part of a pending General Development Plan (GDP) which includes
approximately 57 acres of land. The purpose of a GDP is to provide for review of certain
developments, such as those including more than 20 acres and those developments that are to be
platted and developed in phases, for compliance with the Denton Plan, the Denton Development
Code, Infrastructure Master Plans, the compatibility of land uses, and the coordination of
improvements within and among individual parcels of land or phase development, prior to
approval of a preliminary plat or conveyance plat.
The applicant held a neighborhood meeting on April 22, 2008 at the Southmont Baptist Church
Fellowship Hall. Approximately 70 neighbors attended the meeting. The neighborhood
members in attendance expressed concerns about the traffic impact on the residential
neighborhoods to the west and to the south and the location of trees to be preserved. Neighbors
were also interested in preserving the 3- acre pond that currently exists on the site as well as the
visual impact the proposed development would create. Neighbors also voiced concerns about the
size and height of the potential buildings adjacent to the single family neighborhoods. Residents
would like to see the taller buildings closer to I-35.
The Planning and Development Department sent notices of the public hearing to property owners
within 200 feet and courtesy notices to residents within 500 feet of the subject property. As of
this writing, staff has received five (5) responses in favor of the request; nine (9) responses in
opposition (16%) to the request and three (3) responses neutral to the request from property
owners within 200 feet of the subject property (See Exhibit 10). Additionally, staff received a
letter from the Southridge Estates Homeowner's Association; the residential community to the
west of the subject property, requesting an overlay district and which includes a fence petition
(See Exhibit 8).
On June 11, 2008, the Planning and Zoning Commission held a public hearing and forwarded
this item to City Council with a favorable recommendation with an overlay subject to the
following conditions:
1. 50-foot buffer of landscaping, including the water features (existing pond), abutting the
residential developments to the west (Southridge Estates) and to the south (Wind River
Estates) with the right to install a walking trail and other complementary hardscape
around the existing pond (including the area within the 50-foot buffer) in connection with
ape estrian easement.
2. No building within 100-feet of the residential developments to the west and to the south
of the subj ect property shall exceed a maximum building height requirement of 40 feet.
3. The owner of the subject property will not remove the existing pond along the western
boundary of the subject property abutting Southridge Estates.
4. Upon approval from the City of Denton, the owner of the subject property (or it's
designee) will erect, at its expense, an 8 foot wrought iron fence for the benefit of the
homes to the west of the subject property which are directly across from and adjacent to
the aforementioned pond
PRIOR ACTION/REVIEW
May 21, 2008 Planning and Zoning Commission recommended that this case be tabled
from the May 21, 2008 Planning and Zoning Commission public hearing
to the June 1 1, 2008 Planning and Zoning Commission public hearing.
(For more information, see Background Section above).
June 1 1, 2008 Planning and Zoning Commission Public Hearing
OPTIONS
1. Approve as submitted.
2. Approve subj ect to conditions.
3. Deny
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of this rezoning request (5-1),
subj ect to an overlay district.
The Development Review Committee recommends denial of this rezoning request based on the
following findings. For more information on the findings, see Exhibit 1, Staff Analysis:
1. Adj acent Neighborhood Concerns
2. Speculative Zoning and Site Plan Process
3. Greater Emphasis on RCC-D Zoning
EXHIBITS
1. Staff Analysis
2. Location Map
3. Existing Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
6. Notification Map
7. Letter from Applicant
8. Letter from Southridge Estates Homeowner's Association
9. Site Photo s
10. Responses to Notification of Public Hearing
11. Conditions Submitted by the Applicant
12. Conditions Submitted by the Southridge Estates Homeowners Association
13. Minutes from May 21, 2008 Planning and Zoning Commission Public Hearing
14. Minutes from June 1 1, 2008 Planning and Zoning Commission Public Hearing
15.Ordinance
Prepared by:
-
Johnna Matthews
Assistant Planner
Respectfully Submitted
Mark Cunningham, AICP
Planning and Development Director
EXHIBIT 1
PLANNING ~ DEVELOPMENT
STAFF ANALYSIS
CASE NO.: Z08-0006 DATE TO BE CONSIDERED: July 15, 2008
LOCATION: The subject property is located along the west side of I-35E and
approximately 1,500 feet north of the intersection of Wind River Lane and
Unicorn Lake Road.
APPLICANT/OWNER: ERI-Denton 38 Land, L.P.; an affiliate of Elk River Investments, Inc.
3 311 N IH-3 5, Suite 140
Denton, TX 76207
REQUEST: Rezone two tracts of land totaling approximately 3 8.445 acres of land from
a Regional Center Residential 1 (RCR-1) zoning district to a Regional
Center Commercial Downtown (RCC-D) zoning district to allow a mix of
commercia uses.
RECOMMENDATION: The Planning and Zoning Commission recommends approval of this
rezoning request (5-1).
The Development Review Committee recommends denial of this zoning
change request
COMPREHENSIVE The subject site is located within a Regional Mixed Use Center future
PLAN DESIGNATION: land use designation.
In areas within a Regional Mixed Use Center or a regional activity center,
the focus area contains the shopping, services, recreation, employment, and
institutional facilities supported by and serving an entire region. A
regional activity center could include a regional shopping mall, a number
of major employers, restaurant and entertainment facilities, a large high
school or community college, and high-density housing. A regional
activity center is considerably larger and more diverse in its land uses than
any other activity center. It includes vertically integrated uses where
different uses may occur on each floor of the building. Within this
comprehensive plan designation are four Regional Mixed Use Centers land
use categories that are separated by intensity of use and physical locations.
These land uses are: Regional Center Residential 1 (RCR-1); Regional
Center Residential 2 (RCR-2); Regional Center Commercial Neighborhood
(RCC-N); and Regional Center Commercial Downtown (RCC-D). Each
land use category is designed to create activity centers of various
intensities and concentrations so the impacts of the development can
spread out over a greater geographical area.
SITE AND The property is currently undeveloped and unplatted. There are currently
SURROUNDINGS: Stream Buffers located on the site and an existing 3-acre pond. An
Environmentally Sensitive Area (ESA) Assessment is underway
North: Regional Center Residential 1(RCR-1) -Commercial Development
Regional Center Residential 2 (RCR-2) - Multi-Family
South: Neighborhood Residential 3 (NR-3) -Single Family Subdivision/ Wind
River Estates
East: I-35; Regional Center Commercial Neighborhood (RCC-N) -Restaurants
West: Neighborhood Residential 3 (NR-3) -Single Family Subdivision,
Southridge Estates
BACKGROUND The purpose of the rezoning request is to rezone two undeveloped tracts of
INFORMATION: land along the I-35 frontage road from a Regional Center Residential 1
(RCR-1) zoning district to a Regional Center Commercial Downtown
(RCC-D) zoning district to allow a mix of commercial uses including
office, retail and restaurant uses. The property includes approximately
3 8.445 acres of land.
The property is also part of a pending General Development Plan (GDP)
which includes approximately 57 acres.
This case was tabled from the May 21, 2008 Planning and Zoning
Commission public hearing to the June 11, 2008 Planning and Zoning
Commission public hearing. At that meeting the Planning and Zoning
Commission requested that the applicant and members of the Southridge
Estates Homeowner's Association formalize conditions in which both
parties agreed upon.
ANALYSIS: The subject site is located within the "Regional Mixed Use Center"
Comprehensive Plan future land use designation. The proposed zoning of Regional Center
Analysis: Commercial Downtown (RCC-D) is consistent with the comprehensive
plan future land use designation due to this zoning category being mutally
supportive of the activities and permitted uses of the underlying zoning
districts. However, in a practical sense the use of the proposed site in any
rezoning should be evaluated based not only on the proposed use presented
by the applicant but also on the permitted uses of the zoning district.
When evaluating requests for rezoning the criteria for approval within the
Denton Development Code notes that applications may be approved when
the following standards are met:
"The proposed rezoning conforms to the Future Land Use element of the
Denton Plan, and
The proposed rezoning facilitates the adequate provision of
transportation, water, sewers, schools, parks, other public requirements and
public convenience."
Staff has also performed additional analysis of the proposed rezoning and
identified additional areas of concern.
Adjacent Neighborhood Issues
Many of the concerns expressed at the neighborhood meeting can be
expressed in terms of neighborhood protection and neighborhood
preservation. Overall, the issues conveyed by the neighborhood although
valid, cannot be mitigated solely through a rezoning request. If a property
is rezoned, the general development regulations are granted on the entire
site and not limited to a specific area of the parcel. Consequently, in this
rezoning request structures may be located thirty feet high from the
property owners to the south and west.
Speculative Zoning and Site Plan Process
It is not uncommon for developers to request a rezoning of property for
speculative and marketing purposes. Often referred to as Speculative
Zoning, this process of zoning differs from land speculation in general, and
it is important to distinguish between the two. The latter involves the
speculative purchase of land in anticipation of future resale potential, but
without zoning necessarily being available for the anticipated use at the
time of the speculative purchase. Speculative zoning however, involves
zoning land not for the purpose of development, but rather for the resale of
the land, the value of which has increased as a result of the zoning because
it allows for more intensive uses. To prevent speculative zoning many
municipalities require a site plan process whereby the applicant would be
required to submit a site plan for approval as part of the rezoning request.
The applicant is bound by the rezoning to develop the property in
accordance with the approved site plan. Unfortunately, the City does not
have a site plan process to mitigate the impacts of the rezoning on the
adjacent property owners.
Greater Emphasis on RCC-D Zoning
Within the Regional Mixed Use Centers land use categories Regional
Center Commercial Downtown (RCC-D) is the most intense land use
designation. This designation provides for the most intense and greatest
variety of uses. The remaining three zoning district classifications are
designed to increase in intensity as you approach the core RCC-D zoning
district and supplement this zoning category. If this property and other
regional commercial zoned property is rezoned to RCC-D, there will not be
a series of regional commercial land uses to support RCC-D in a true
residential and commercial manner.
The proposed zoning change to RCC-D would allow a host of
Development commercial uses in which the current zoning of RCR-1 either does not
Code/Zoning Analysis allow, allows with an approved Specific Use Permit (SUP), or allows
the use with limitations placed upon the use. For example,
professional services and offices are permitted by right in the proposed
zoning district of RCC-D; however, in the current zoning of RCR-l,
professional services and offices are permitted with a limitation,
(L)15. (L)15 reads that uses are limited to no more than 5,000 square
feet of gross floor area per lot. An SUP would be required for
additional square footage for semi-public halls, clubs and lodges.
The general regulations would also change. There is no minimum lot
area in either zoning district; however the minimum lot width in the
current zoning district of RCR-1 is 50 feet; there is no minimum lot
width in the proposed zoning district of RCC-D. In the current zoning
district, the minimum lot depth is 80 feet, the minimum front yard
setback is 10 feet, the minimum side yard is 6 feet, the minimum side
yard adjacent to a street is 10 feet, and the minimum rear yard is 10
feet plus 1 foot for each foot of building height above 30 feet. These
requirements do not apply in the proposed zoning district ofRCC-D.
The minimum yard abutting a single family use or district is 30 feet
plus 1 foot for each foot of building height above 3 0 feet in both
zoning districts. The maximum Floor Area Ratio in the current zoning
is 0.50, whereas in the proposed zoning district of RCC-D that number
increases to 3.0. The maximum lot coverage would increase from
55% to 90%; the minimum landscaped area would decrease from 45%
to 10% and the maximum building height would increase from 40 feet
to 100 feet. The minimum residential unit size would decrease from
600 square feet to 500 square feet and the maximum density would
increase from 30 dwelling units/acre to 100 dwelling units/acre. See
the below table for the general regulations of each zoning district.
Table 1
~ ~ ~ ~
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Minimum Lot Area None None
Minimum Lot Width 50 ft. None
Minimum Lot Depth 80 ft. None
Minimum Front Yard 10 ft. None
Setback
Minimum Side Yard 6 ft. None
Minimum Side Yard 10 ft. None
Adjacent to a Street
Minimum Rear Yard 10 ft. + 1 None foot for
each foot of
building
height
above 30 ft.
Minimum Yard Abutting a 30 ft. + 1 30 ft. + 1 Single Family Use or foot for foot for
District each foot of each foot of
building building
height height above
above 30 ft. 30 ft. Minimum Residential Unit 600 sf. 500 sf
Size
Maximum FAR 0.50 3.0
Maximum Density 30 100
Maximum Lot Coverage 55% 90%
Minimum Landscaped 45% 10%
Area
Maximum Building Height 40 ft. 100ft.
The following tables (Tables 2-5) summarize the differences in uses
between the RCR-1 zoning district (existing) and RCC-D zoning district
(proposed). These uses include residential, commercial, industrial and institutional land use categories.
Table 2
Agriculture P P
Livestock L(7) L(7)
Single Family Dwellings N N Accessory Dwelling Units N N
Attached Single Family P P
Dwellings
Dwellings Above P P
Businesses
Live (Work Units P P
Duplexes N N Community Homes for the P P
Disabled
Group Homes SUP SUP
Multi-Family Dwellings L(4) L(6) & L(4)
Manufacturing Housing N N
Developments
Table 2 Legend
P =Permitted
N =Not Permitted
SUP =Specific Use Permit
Limitations: L(4) =Multi-family is permitted only:
1. With a SUP; or
2. As part of a Mixed -Use Development
3. As part of a Master Plan Development, Existing; or
4. If the development received zoning approval allowing multi-family
use within one year prior to the effective date of Ordinance
No. 2005-224;; or
5. If allowed by a City Council approved neighborhood (small area)
plan.
L(6) =Permitted only on a 2nd story and above, when an office, retail, or
other permitted commercial use is on the ground floor along any avenue,
collector, or arterial street, otherwise office or retail uses are not required.
L(7) =Limited two (2) animals on parcels one (1) to three (3) acres in size.
Additional animals maybe added at a rate of one per each acre over three.
Table 3
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Home Occupation P P
Sale of Products Grown on Site N N
Hotels N P
Motels N N Bed and Breakfast L(8) P
Retail Sales and Service L(17) P
Movie Theatres SUP P
Restaurant or Private Club L(11) P
Drive-through Facility N P
Professional Services and Offices L(15) P
Quick Vehicle Servicing N P
Vehicle Repair N P
Auto and RV Sales N P
Laundry Facilities P P
Equestrian Facilities N N
Outdoor Recreation SUP N
Indoor Recreation N P
Major Event Entertainment N SUP
Commercial Parking Lots N P
Administrative or Research Facilities SUP P
Broadcasting of Production Studio SUP P
Sexually Oriented Business N N
Temporary Uses L(38) L(38)
Table 3 Legend
P =Permitted
N =Not Permitted
L(8) =Travelers' accommodations, are permitted, provided that:
1. The business-owner or manager shall be required to reside on
the property occupied by the accommodation, or adjacent
property
2. That each accommodation unit shall have 1 off street parking
space, and the owners shall have 2 parking spaces. All spaces
shall be in conformance with the requirements of the Off Street
parking section of this Chapter
3. That only one ground wall sign, constructed of anon-plastic material, non-interior illuminated of 4 sq. ft. maximum size be
allowed. Any exterior illumination of signage shall be
installed such that it does not directly illuminate any residential
structures adjacent or nearby the travelers' accommodation.
4. That the number of accommodation units allowed shall be
proportional to the permitted density of the zone. Each
traveler's accommodation unit shall be counted as 0.6 units for
the purpose of calculating the permitted number of traveler's
accommo ations.
5. All traveler's accommodations shall be within 200 feet of a
collector or arterial. Street designations shall be as determined
by the City Comprehensive Plan. Distances shall be measured
via public street or alley access to the site from the arterial
6. Excluding the business-owner's unit and the area of the
structure it will occupy, there must be at least 400 sq. ft. of
gross interior floor space remaining per unit.
7. Traveler's accommodations are limited to no more than 8 guest
units.
L(11) =Limited to sit down only, and no drive up service permitted.
Limited to no more than 100 seats and no more than 4,000 square feet
of restaurant area.
L(15) =Uses are limited to no more than 5,000 square feet of gross
floor area per lot. An SUP is required for additional square footage
for semi-public halls, clubs and lodges.
L(17) =Uses are limited to no more than 25,000 square feet of gross
floor area per use, except grocery stores may be larger with approval
of an SUP.
L (38) =Must meet the requirements of Section 3 5.12.9.
Table 4
' ~ 1 111 '1
Printing/Publishing N N
Bakeries N P
Manufacture ofNon-odoriferous N N
Foods
Feed Lots N N Food Processing N N
Light Manufacturing N L(23)
Heavy manufacturing N N
Wholesale Sales N N
Wholesale Nurseries N N
Distribution Center N N
Wholesale Storage and Distribution N N
Self service Storage N N
Construction Material Sales N N
Junk Yards and Auto Wrecking N N
Kennels N N
Veterinary Clinics SUP P
Sanitary Landfills, Commercial N N
Incinerators, Transfer Stations
Gas Wells SUP L(27)
L(27)
Table 4 Legend
N =Not Permitted
P =Permitted
SUP =Specific Use Permit
L(23) =Light manufacturing of products sold on site permitted, area of
manufacture not to exceed 5,000 square feet.
L(27) =Must comply with the provisions of Subchapter 22, Gas Well
Drilling and Production
Table 5
~ ~ ~ ~
~ ~ 111
Basic Utilities SUP SUP
Community Service P P
Parks & Open Space P P
Churches P P
Semi-public Halls, Clubs, and P P Lodges
Business/Trade School N P
Adult or Child Day Care P P
Kindergarten, Elementary School P N
Middle School P P
High School SUP P
Colleges N P
Hospital N P
Elderly Housing P P
Medical Centers SUP P
Cemeteries N N
Mortuaries N P
Table 5 Legend
P =Permitted
N =Not Permitted
SUP =Specific Use Permit
DEPARTMENT AND The Development Review Committee has reviewed the rezoning request
AGENCY REVIEW and have provided comments and general information to the applicant. All
comments have been addressed by the applicant.
FINDINGS The criteria for approval of Zoning Amendments, per Subchapter
35.3.4.B.2 of the Denton Development Code require that:
1. The proposed rezoning conforms to the Future Land Use element of
the Denton Plan.
The proposed RCC-D zoning district is consistent with the Future Land
Use designation of the Denton Comprehensive Plan. .
2. The proposed rezoning facilitates the adequate provision of
transportation, water, sewers, schools, parks, other public
requirements and public convenience.
The Development Review Committee asked that the applicant show
how water and waste water would be provided to the site. Based on
the contours and the wastewater loading provided by the applicant,
sewer service will be provided from an existing 12-foot sewer line on
Colorado Street. This concern has been satisfied.
EXHIBIT 2
LOCATION MAP
EXHIBIT 3
EXISTING ZONING MAP
EXHIBIT 4
PROPOSED ZONING MAP
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EXHIBIT 6
NOTIFICATION MAP
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Public Notification Date: April 22, 2008
200' Legal Notices sent via certified mail: 57
500' Certified Notices sent via regular mail: 125
Number of responses to 200' Legal Notice
• In opposition: 9
• In Favor: 5
• Neutral: 3
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EXHIBIT 7
LETTER FROM APPLICANT
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EXHIBIT 8
LETTER FROM SOUTHRIDGE ESTATES HOMEOWNER'S ASSOCIATION
Southridge Estates Homeowners Association
Requests for Zoning Overlay for 38.445 acres along the west side of I-35E at
Brinker Rd that touches Southridge Estates Homeowners
1. Pond remains and is left the same size or larger.
2. An 8 foot wrought iron fence with finials. Gates included for residents that
requested them. (see attached sheet)
3. Buildings adjacent to all residential property be a maximum of 2 stories with no
windows facing the residential property. (Similar to the buildings on Lillian Miller
that back up to the adjacent homes.)
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EXHIBIT 9
SITE PHOTOS
Photos taken looking southwest at the site from I-35 service road
Photos taken looking east at the pond on the site from the west end of Southridge Estates
Subdivision
EXHIBIT 10
RESPONSES TO NOTIFICATION OF PUBLIC HEARING
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EXHIBIT 11
CONDITIONS SUBMITTED BY THE APPLICANT
City of Denton
Zoning Case Z06-0008 Elk Springs
Proposed Zoning RCC-D
The rezoning of the property shall be RCC-D and subject to the following conditions:
1. 50-foot buffer of landscaping, including the water features (existing pond), abutting the
residential developments to the west (Southridge Estates) and to the south (Wind River
Estates) with the right to install a walking trail and other complementary hardscape
around the existing pond (including the area within the 5o-foot buffer) in connection with
ape estrian easement.
2. No building within 1 oo-feet of the residential developments to the west and to the south of the subj ect property shall exceed a maximum building height requirement of 4o feet.
3. The owner of the subject property will not remove the existing pond along the western
boundary of the subject property abutting Southridge Estates.
4. Upon approval from the City of Denton, the owner of the subject property (or it's
designee) will erect, at its expense, an 8 foot wrought iron fence for the benefit of the
homes to the west of the subject property which are directly across from and adjacent to
the aforementioned pond. The owner of the property (or its designee) shall be released
from any and all liability for any damage to the existing trees and/or landscaping
associated with the installation of the fence.
EXHIBIT 12
REQUESTED CONDITIONS SUBMITTED BY THE SOUTHRIDGE ESTATES
HOMEOWNERS ASSOCIATION
To: City of Denton
From: Southridge Estates Homeowners Assoc/External Affairs Committee
Date: May 29, 2008
Re: Zoning Case Z06-0008 Elk Springs Proposed Zoning RCC-D
We support the rezoning of the property to RCC-D subject to the following conditions:
1. 50-foot buffer of landscaping, including the water features (existing pond), abutting the
residential developments to the west (Southridge Estates) and to the south (Wind River
Estates) with the right to install a walking trail and other complementary hardscape
around the existing pond (including the area within the 50-foot buffer) in connection with
a pedestrian easement except for a buffer zone of 125-feet that will remain untouched,
which contains the creek and trees running along the west side of the Elk River property,
North of the pond, which is behind 2400, 2404 and 2405 Natchez Trace (Southridge
Estates).
2. Within 100-feet of the residential developments to the west and to the south boundaries
of the subject property, no building shall exceed a maximum building height requirement
of 40 feet.
3. The existing pond along the western boundary abutting Southridge Estates must remain
with its current footprint or larger, excluding acts of God.
4. The developer will erect, at his expense, an 8 foot wrought iron fence with finials for
homes directly across from the pond (Southridge Estates).
EXHIBIT 13
May 21, 2008 Planning and Zoning Commission Minutes
s~
1 CHAIRMAN WATKINS; We will have a public hearing 1 na limitation to the proposed zoning district,
Z now an 5B, rezoning of two tracts of land totaling Z Additionally, I have highlighted particular use, 3 approximately 38,445 acres from Regional Center Residential-1 3
including vehicle servicing, vehicle repair, auto and RV sales,
4 to Regional Center Commercial Downtown. So, Ms. Matthews? 4 commercial parking Pots, which, again, are all permitted by
5 MR. DRAKE. Commissioners, just a moment. This 5 right in the proposed zoned district, but could potentially
6 particular zoning item is adjacent to a neighborhood, It just 6 negatively impact the residential properties to the west and to
7 happens to be my neighborhood. Ta avoid any appearance of l the south because of the outside storage components these would $ impropriety, I am going to step dawn and Mr,
John Knight is $ more than likely require.
9 going to assume my position as legal liaison. 9 As we look at the differences in institutional and
14 CHAIRMAN WATKINS; Thank you very much. 1~ industrial land use categories, there are same differences
11 MS. MATTHEWS; Again, the property is located 11 here, too. In the existing zoning, it is either not permitted 12 along the west side of 135 at Brinker Road, north
of Unicorn 12 or permitted with approval of a specific use permit, However,
13 Lake, dust to orient you. I am sorry I don't have the call- 13 it is permitted by right in the proposed zoning district of
14 outs. Tv the south of the property is the Cinemark movie 14 RCCD. Light manufacturing is not permitted in file existing
15 theater. This is a gymnastics facility, Flooring America. The 15 zoning district, but i5 permitted in the proposed zoning
16 subdivision to the south is Wind River Estates, Subdivision to 16 district with a limitakivn to, I think, about 5000 square feet, 17 the west of the property is Southridge
Estates. 1~ but still permitted.
1$ As you move further north, this is the Southridge 7$ The genera! regulations, also, differ
19 Village shopping center. Qn the other side of 35 are a mix of 19 substantially, as well. There is no minimum lot width, depth,
ZO restaurants. I believe this is Macaroni Grill, Texas 20 no setback requirements, front, rear, yr side. In the proposed Z1 Roadhouse, Dlive Garden, future home of Red
Lobster, which I Z1 zoning district, the maximum floor area ratio increases from .5
2Z will be bringing an ADP forward to yv~a soon. And this is a 22 to 3.0, The maximum density increases from 30 dwelling units
23 multi-family development. Z3 per acre to 100 dwelling units per acre. Also, the maximum
Z4 The property is currently zoned Regional Center Z4 building height increases from 40 feet to 100 feet,
Z5 Residential 1. As you can see, an the western boundary and the Z5 The future land use designation for this property 62 fi4
1 southern boundaries, this is NR-3 which, as I mentioned, are 1 is Regional Mixed Use Center which, according to the
2 the existing single family developments, 5authridge Estates and Z Comprehensive Plan, the focus area would contain uses that are
3 Wind River estates, The Applicant is proposing Regional Center 3 supported by and serving an entire region, such as a regional 4 Commercial Downtown, RCCD, which is the
most dense, most 4 shopping center, like the Golden Triangle Mail which exists an
5 intense zoning district of the four zoning districts within the 5 the other side of 35.
$ regional fixed Use Center Comprehensive Plan designation, fi So, although consistent with the Comprehensive
7 There is RCR-1, RCR-2, RCCN and RCCD. And these were designed l Pfan land use designation of Regional Mixed Use Center, RCCD
$ to create activity centers of various intensities and $ zoning meets the two criteria that we Currently have in place 9 conrentrations so the impacts o€ the development
can spread out 9 in assessing zoning change, which are that the zoning change
10 aver a greater geographical area. conforms to the future land use designation of the Denton Plan
11 Unicorn lake currently exists to the south, and it 11 and the proposed zoning facilities, adequate provision far
12 is zoned RCCD. RCCD zoning will introduce uses to this 12 transportation, water, sewer, et cetera. 13 property that currently are not permitted in the existing 13
. As I mentioned earlier, RCCD zoning is mare dense,
14 zoning district of RCR-1, or which may be permitted with 14 mare intense, than RCR-],, or any of the other zoning districts
15 limitations or approval of a specific use permit. 15 in that family, and could possibly negatively impact the
1G Not sa much in the residential use category, but 16 existing neighborhoods. Our Comprehensive Plan also states
1l as you can see here, the commercial uses differ substantially. 17 that we must protect and preserve existing neighborhoods. And For example, hotels are not permitted in the
existing zoning 1$ we do this by protecting these neighborhoods from encroachment
19 district of CCR-I.. However, they are permitted by right in the 19 of incompatible land uses. and activities which may have a
Z~ proposed zoning district. Bed and breakfast, retail sales and 20 negative impact on the quality of life in these neighborhoods.
Z1 service, movie theaters, restaurants, and private clubs are Z1 Staff performed additional analysis of the request 2Z permitted in the existing zoning district with
limitation tv Z2 and have identified other areas of concern. And one of those
23 square footage, for example, professional services and offices 23 areas is speculative zoning, which involves zoning land not for
Z4 are. permitted, with a limitation to square footage, of about ~4 the purpose of development, but rather far the resale of the
Z5 25,000 square feet, whereas it is just permitted by right with ~5 land, the value of which has increased as a result of the 0/28/2408 09:06:32 AM Page bi to 64 of 121
16 of 31 sheets.
- ~ '-5' ~ a.A:. .
fi5 67
1 zoning because it allows more intensive uses, to prevent 1 neighborhood concerns, which are relevant and valid concerns,
2 speculative zoning, meaning municipalities require a site plan 2 the fact that we do not have a site plan to view to kind of 3 process whereby the Applicant would be required
ka submit a 3 weigh the impact that this would have on the residential
~ site plan for approval as part of the rezoning request. 4 property, and the fact that the RCCD zoning is the most
5 However, in the City of Denton we da not a site plan is not 5 intense, must dense zoning in that family of original Mixed Use
B required for zoning change. fi Center zoning. And that's all I have, if yvu have any
l I just wanted to point out from this map the l questions. And the Applicant is, also, here, $ vacant property within the area that is currently zoned RCCD, 8
CHAIRMAN WATIQNS; Any questions? Any questions?
9 which includes about 5 to 600 acres, In blue --sorry, in red 9 Thank you very much. The Applicant can come forward.
10 is the RCC zoned property, which is currently vacant. So tftere 10 MR. SHIN: I put our presentation on some slides
11 are areas in which the Applicants' proposed type of development 11 here, and I thought I would pass those around. Also, some
1 Z can occur, and the opportunities to da that, and not 1 ~ support letters that we received. I want you to pass thane 13 necessarly at this particular site, 13 around.
14 Staff sent 57 legal notices to property owners 14~ First of all, thank you very much from all of us
15 within 200 feet of the property, and 125 courtesy notices to 15 at Elk River for allowing us to came in and speak.
16 the physical address within 500 feet of the subject property, 16 CHAIRMAN WATKINS; Name and address, please. 1? When this was created, Staff received nine response notices
in 1l MR. SAIN, Qkay. I am sorry. My name is Jeremy
18 opposition to the request. Hou~ever, today I received an 18 Sain, 3302 Meadows Dak, 76210.
19 additional three notices I am sorry, I received three 19 As I mentioned, we are excited about this. We
notices in favor of the request today. So that total fs now really appreciate the opportunity to came in and meet with you.
21 eight in favor of the request. And I received two additiona! 21 We have been anticipating this day far a while to come, and Z~ notices in opposition to this request. So
that's 9 --11 in ~2 couldn't be more excited about a piece of land in Denton,
23 opposition. And I received three neutral response notices. 23 All of us at Elk River are from Denton, reside
24 The Applicants, also, held a neighborhood meeting 24 herein Denton, work in Denton, same places thatour families
25 at the Sauthmont baptist Church, and approximately 70 residents 2~ travel, and are passionate about bringing great development
fib 1 attended. And they had concerns about the traffic impact on 1 here. And, hopefully, that will be seen in this presentation.
~ the residential property to the west and to the south, the Z What I did, I will go back to this first slide. I
3 preservation of trees, and the existing three-acre pond that 3 just showed an oblique there looking narkh over the subject
4 currently exists on the site. Residents would like to see that 4 property, This next oblique is looking south. And the reason 5 pond remain, As well, they had concerns about
the visual 5 I want to do this is I will talk about how we are trying into
~fi impact that this development would create, as well as the size G the Unicorn Lake development. And you can see the Cinemark
l and height of the buildings abutting their property. l here, And then the development that's occurred that's not
$ You saw this figure in the work session and, 8 shown on this oblique to the south.
9 essentially, khis slide illustrates the maximum height 9 This is the presentation we put together for the 1D requirement in the RCCD zoning, which is 100 feet. So going
10 neighborhood meeting we had at Southmant Baptist Church. It is
11 Pram an RCR-1 to an RCCD zoning district, there is no 11 not exactly applicable to tonight, but I wanted to show you
1~ transition between the two requiremer~s I mentioned earlier. 12 what we presented to them, and go through it fairly quickly,
13 Sothis illustrates theproximity between the residential use 13 and then leave room for any questions. If there is anything 1~ and the nonresidential use. And the paint is
that thi$ type of 14 you want us toga back to, we will be glad to.
1~ development abutting a residential neighborhood towers over 15 The proposal, as Johnna mentioned, is from RCR-1
16 these homes and could pater~ially negatively impact they 16 to RCCD, The Mixed Use Centers. Again, we are looking for
1l quality of life. 1l zoning. And the reason we were doing this big picture is
18 These are just a few photos taken on site. This 18 looking far zoning to allow a healthy development in some of 19 is hooking southwest at the site from the i 35 service
road, 19 our best areas of the ciky. Lacking around thereat other
Z~ This is a picture of the pond looking east. It is about three 2~ property, obviously, to the south of us and adjacent here, that
21 acres: It is very beautiful And this is it shows the 21 is zoned the same thing as off of our I 35 corridor, As we
22 cattle. Behind the cattle is the southern boundary of that ~2 looked to what seined logical and what seemed to be the best ~3 property, which is Wind River Estates.
23 use of that land long-term far our city and this corridor,
24 Staff is recommending denial based on the 24 there are not many vacant spots that we have an 35, that we
25 fogawing findings, which as I spoke to, the adjacent Z5 have a clean slate, And so we are really trying to use the
17 of 31 sheets Page fi5 td 68 of 1Z1 a~~zsfzaos a~:as:sz A~
l-:~~. ,
69 lI
1 best corridor of our city, being 135, and the energy that's 1 with buildings that we love to buy and retraft and improve
2 there. 2 them and bring the quality of development that we see in Denton 3 And then the third little paint there talks about 3 up to Class A. And I think we
have a reputation of doing that.
4 advising the adjacent neighborhood. Speak a little bit about 4 Using the existing infrastructure that's already
5 who we are, describe who we are as a group and, also, our 5 in place and already been paid for by the City and the tax
6 vision for the site and what this does far the city and 6 dollars of the IaCal residents. Again, mentioning the streets,
T neighborhood in conveniences and services that it would provide l the water, and the sewer, And those things are already there $ to the neig#~borhoad. $ that we can
utilize. Create additivna! connectivity to serve
9 Qur vision far the site, and, again, I know the 9 the surraurrding residential and commercial properties paid fvr
1~ site plan is a little small. And atthe end I have the site 10 solely by the development,
11 plan blown up full size for you to see. But we wanted to use 11 Again, we are going to be tying this into the
12 the existing site features. The strengths are already there. 12 Unicorn Lake feel, VVe have an upfront presence an I 35, And 13 135 is built and the energy is there, over
.125,040 vehicles 13 one of the support letters thak I passed around to you is from
14 per day. Fortunately, the site really sets up for a great 14 Bab Shelton at Unicorn Lake. And he sees the benefit of us
15 development. VUe want to create a walkable development that 1~ working together to bring regional and national tenants to this
1G would tie into Unicorn Lake and the energy that they have 16 area. And as he has people that he can't fit in his 17 created, 1l development that want 135 frontage,
he is able to work with us
18 VUe, also, want tv control what is lane therein 1$ and we work with him. And it has really been a good
19 the development there, as we mentioned, by architectal 19 relationship that we forged with him to serve some of those
2D Controls, It is going to attract the quality development that 20 clients, and same canversatians that we have had with same
21 we all want in Denton. And we talked about it with the 21 really good, quality tenants. 22 neighbors a lot, about the uses that are along our 135 22 Third little
paint there, bring business, jabs,
23 corridor. If we can go back and do it again, we probably 23 and revenue to Denton. I think that's an obvious one, Vile are
24 wouldn't put a U-haul Storage an our 135, So we are trying to 24 looking for quality economic development. And this is a great
25 create quality. As you enter from the south into our city, we piece of property, as we have mentioned, to do that. . ;
70 72 1 would love tv serve as a gateway piece into our city. 1 And lastly, the improved gateway and entry to our
2 And then the last little point, create first-class ~ city along our best corridor. I just provided an aerial here
3 development to provide opportunities to live, work, and play in 3 just to talk through, if there was any questions. But, again,
4 Denton that competes well with other cities in North Texas. 4 this being the site and across the street. I would like to
5 And, literally, our jab almost daily is tv talk to people from 5 point out that's, actually, the number one On The Bander in the 6 around the State and around the country.
VVe are selling 6 country right here at Brinker load. And to think about lining
7' Denton. Just finished up Leaden5hip Denton, and talking about T other great restaurants up right across Pram that, The current
$ the pVp presentation far marketing that's going an right now in $ zoning doesn't allow fvr that, But this being Texas Roadhouse
9 ICSC to bring people to our city, And this is a prime piece of 9 and 41ive Garden, and the future location of Red Lobster, we 1Q pmperry along our 35 corridor that those
national and regional 10 would love to go to quality restaurant groups and bring them
11 tenants would lave to ga on, And this is the kind of property 11 here and Shaw them they can line up across from the number and
12 that they love to go, and we want to compete well with the 12 4n The Border in the Gauntry. VVe love to brag about that being
13 other cities in the area, I don't want it to be friendly fire 13 in Denton, That we get to boast that, I think, is a really 14 where it is not necessarily a Competition
with other sites in 14 cool thing far us.
Denton. Vile really want to be great neighbors and give them a 15 But we would love to set up groups like the Pappas
16 goad opportunity, convince them why to come to our city. 1B Brothers, pappasita`s and Pappadeaux's, and those groups that
17 Next, what this does far the city, as I mentioned 1l require a larger footprint, but really build a quality
1$ before, a healthy, longWlasting development that boasts the 1$ development. So those are the people we like to target for 19 city's tax base and our city's most commercially
viable area, 19 some of those sites,
2Q I don't know if any of you remember, but before we bought this 20 Some of the neighborhood conveniences designed to
21 site it was a Chicken farm, And it wasn't probably producing 21 be a convenience to your neighborhood. Obviously, speaking to !
22 the most taxable base we could da on this site, And we bought 22 the neighbors that we met with, improve the neighborhood energy 23 it, and cleaned it up, much like a lot
of other properties that 23 and provide jobs to local residents, This is kind of a hat
24 we buy. You may have seen our signs on the turner of Eagle and 24 button far me, working far college administration three years
Z~ Carroll, 428 and 288., multiple sites that we have bought, along 25 previous to doing this, I saw sa many quality individuals
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7~ 7~
1 leaving our university laoking for jobs, going to other cities. 1 as people are exiting the interstate, they are fed right into
2 And sa I will show you on the site plan a little 2 this development. It is a quality piece that I really think we
3 bit. We set up a corporate campus real claw to 35 that would 3 want to take advantage of as a city, The exit is there, not
4 allow for the taller office buildings that really could bring 4 only now, but mare importantly when I 35 does widen, that's the. 5 jobs and provide these national and
regional ofFce or job $ location of the future exit, as well. Unfortunately, the 135
fi providers to came to our city and bean our 35 corridor and be 6 plan shows a lot of our exits going away, which is unfortunate ,
7 in an area where they can five and work and play, And they can 7 far a fat of development up and down the corridor.
$ walk, and trey can ga to the Cinemark, and they can go work 8 But at this location, when this new exit was put
9 out, and eat, and just create a really nice development that 9 in as part of the Unicorn Lake development, they put it in the
1~ ties in with Unicorn Lake, 10 same location, Sa it will feed traffic right into this area. '#1 Both us and Bob Shelton see the benefit of keeping 11 We
really do want to serve as the gateway into the Unicorn
12 this area healthjr, This particular area, in the southern end 12 Lake. And sv, as was Shawn here, a prapased road, whether
13 of our city, is the mast healthy as far as rooftops ga, and 13 private or public, but an access that would feed dawn through
14 quality rooftops. We, in nv means, are looking to make an 14 the Cinemark. And it would, also, facilitate this land here
1$ adversarial approach to them, as we met with the HOA three or 1 ~ that's not a part of our development. But we have met with
16 four times, had a neighborhood meeting and met with bath HCAs, 1$ these people, You have their support letters there in front of
17 Again, we are realty laoking to work with them an a way to make 17 you, They, also, would like to be up-zoned to this zoning 1S this development happen in a quality way.
classification,
19 So, again, and lastly, as I mentioned earlier, as 19 We willingly went forward 1=~rst ka kind of take
21) well, allows for the protection of long-term property value by ZQ the fight and take that up front and work through same of the
21 providing quality development class to home, with a mixture of 21 issues, And go to them and tell them what we think would be
22 services and uses as seen in our world-class developments, 22 best for them, But they are alt far this. They want to,
23 What I mean by thak, as you look around the metroplex, I am 23 actually, be connected in. We are working with them an 2~4 tired of hearing other cities' property values
increasing and Z4 driveway connectfans into this development, They really want
25 other cities getting these tenants, And we are competing with 25 to be a part of this development, not only for their current
74 lG
1 these other cities around the metroplex, We really want to 1 business, but for the long-term health of the property,
2 boast pentan and talk about why came to Denton. And what they 2 Here is where I shaved khe carpvrate campus with
3 are doing is they are putting commercial uses vn your main ~ the two and three-story office buildings, Again, that's that 4 thoroughfares, and surrounding it with residential,
and that 4 concept that we are showing that we would like to go advertise
~ residential is meant to feed that commercial. And people like $ to these people that want to bring their companies to Denton.
6 to get close. The rising cost of traveling around now and 6 And we want to give them the ability ko provide great jobs to
7 driving your car, the closer you are, typically, the better. 7 our students and to our residents here in Denton.
$ And those are the houses that you see really escalate in $ We show back here an office building which, also,
9 property value, 9 could be, maybe, a restaurant, It is using this lake as an 1D So we want to compete with khase people, We want 1~ amenity. As we mentioned
earlier, we would love to use this
11 to tell them why came tv Denton and show them that we have an 11 lake as an amenity to the site. And what this zoning allows us
12 opportunity for them to go in the healthiest part of our city; 12 to do is put the density in other locations of the site and .
13 which is this area right now. 13 leave this beautiful lake that's there now.
14 This is the site plan that was shown an an earlier 14 So khat's what we would like to do, In addition,
1$ slide. It was a little bit smaller. I just want to point out 15 we showed kind of a large box here. Not that we are saying 16 quickly what we have done is we have Shawn
some restaurant uses 1G that exactly is going to happen, but we would like to go
17 here, a larger restaurant pad here, and a little hit smaller 17 attract a quality retail use that we currently don't have in
here, All three of the restaurants across the street could not 1$ the city, There is a number of retailers that would love tv
19 have been built under the current zoning. There is a maximum 1~ came that want to be an 135, They don't want to be vn the
24 10'4 seats ar~d 4,000 square foot requirement under the current 2Q interior road. They want tv be an our main corridor. And we .
21 zoning, none of which could have been done, We showed a motel 21 can't do that under the existing zoning, ar any of the other 2~ up here, mainly junk to Shaw the possibility
of thak. 22 zoning classifications, to invite one of khese larger box
~3 That prapased zoning albws for somebody like that 23 groups to come into our city.
24 that would love to come into Denton. The exit for 35 is right 24 And then we showed an pffice an office park
25 j~usk north of our site. it dumps right into this location. So ~5 back here, whether it is standard office park, or medical
19 of 81 sheets Page ~3 to 76 of iZ1 OS}28}2008 09:Ob:32 AM
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1 office park, or anything like that, couldn't be done an the 1 MR. SAIN: It is. As you ga north to the Texas
2 existing zoning. 2 Roadhouse and the Olive Garden, they are, actually, bigger than 3 Antl so that kind of walks you through our site 3 that. I looked at the
smallest one across the street, and it
4 plan, again, with the Cinemark just being south of here. Yeah, 4 is still bigger than the 4,000, So, certainly, as we have been
5 one of khe things that we were able to share with the 5 around the metroplex and around the country, you look at these
6 residential neighborhood that really helped on our stand is $ quality national groups that you want to be able to compete
T there is no roadway access into the neighborhood. We are not 7 with this On The Border that's the best in the country, we wank 8 puging Pram their utilities. We are not pushing
traffic into $ to advertise that and use it For our benefit, none of which fit
$ those neighborhoods. Where is no street stub into this 9 underneath that 4,000 square foot envelope or the 100 feet.
1D property from a residential neighborhood. And so, fortunately, 10 COMMISSIONER LYKE; Would that be something that
11 we are not going to put any additional traffic into those 11 you could have an SUP far, a larger quality restaurant, without 12 neighborhoods. This ties directly and
feeds completely off of 12 changing the zoning to allow vehicle repair in this area?
13 135. That's why we wanted to do the development, is because 13 MR. SAIN: I think part of the
1~ of 135. And that's going to be where the vast, vast majority 14 COMMISSIONER LYKE: I mean, since that's part of
15 of our traffic tames from. 15 your argument, that we need to have some of these quality
1B Again, the zoning classifications shows kind of 16 restaurants, is that something we could just 17 zoomed in and zoomed out far you all. That's a little cloudy. 1l
MR. SAIN: Part of what we are trying to do is
1$ I just wanted to show the area where the RCR-i seems more 1$ work with the neighborhood and provide a nice buffer,
19 appropriate to the areas outside of 35. Further away from 35, 19 additional buffer even, against the residential neighborhood
2~ where it is not our hest corridor, people talk about wanting to 20 and protect those neighborhoods. And we really had a great
21 be on I 35. You don't hear about people from around the 2'~ conversation with them. And, fortunately, created same great 22 country and around the state wanting to be on
our other roads 22 even relationships and friendships with them as we tried to do
23 as much. And as we drive from there, there's really been great 23 that. As we moved forward, that Wasn't supported by Staff
24 developments done off of I 35. We really want to drive them to 24 about a week ago.
25 our major corridor. So it would certainly be our 2~ COMMISSIONER CfJNNINGFlAM: Relative to the issue df
78 $0 1 recommendation and what we think is best, not only if we were 1 the restaurant. Restaurants are permitted in RCR-1 with
Z doing it ar not, the hest for our city is to allow the mast 3 limitations. And the limitation is that they will be sit-dawn
3 intense zoning to be done along our I 35 corridor, 3 only, and no traffic services permitted, limited to 100 seats
4 Sa this shows the RCR-1 that's currently there, 4 and na more than 4,000 square feet. They are permitted, but 5 And the only other RCR-1 on I 35 is an existing apartment
~ they are limited.
6 complex across the street. But, again, we have RCCD to the 6 COMMISSIONER LYKE: Right.
T south and RCCN directly across the interstate from us. T COMMISSIONER EAGI_ETON: I think that the
$ With that, I conclude my presentation and would $ difference, the big difference that I see, it sounds like it is
$ like to hear any of your questions. 9 a goad development. But the big difference between this and 10 COMMISSIONER LYKE: Yes. By changing the zoning 10 what's
happening across the street is the lacatlon of what's
11 on this piece of land to get ZO additional approximately 20 19 happening across the street is not next to an established
12 additional uses, by right and one of the problems that Staff 12 residential area. And so, to me, that's the glaring issue that
13 has pointed out to you is there is no site plan atkached to 13 I see in the proposed zoning. Could you put up a 100-fact 14 this rezoning. Which means that you could, by
right, put in 14 building without a site plan? We don't know I mean, you are
15 vehicle repair, auto and RV sales, instead of these quality 15 not limited to what we see on this plan here. So we have no
75 restaurants of which you speak, You could put in fast food 16 guarantee that you are not going to put up a x00-foot office
1T restaurants with drive-throughs by right. 1T building, or are you going to be, you know, all the different
1$ Give me an example of the sit-down restaurants. 18 permitted uses and that kind of thing, 19 Naw, as it stands with the zoning you have, you can put in a 19 MR.
PFARSON: My name is Sparky Pearson, 7735 FM
20 sit-down only restaurant with 100 seats. Naw, far example, how 2~ 428', Benton, Texas, One of the neat things about the
21 many seats does this On The harder have? 21 development I would like to comment on, when you think of where
22 MR. SAIN: I don't know how many seats it has. 22 you put things and how you put them, there is a natural buffer 23 But I know it is approximately 5,500 feet. 23
that sits on this lake front. There is a stream line that
2~ COMMISSIONER LYKE; And that's outside of the 24 comes down, a creek line. And what's nice is this is not
25 4,D00. 25 drainage. This is, actually, a high paint an the site. Yau
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s...
77 7g
1 office park, or anything like that, couldn't be done an the 1 MR. SAIN: It is. As you ga north to the Texas
2 existing zoning. 2 Roadhouse and the Olive Garden, they are, actually, bigger than 3 Antl so that kind of walks you through our site 3 that. I looked at the
smallest one across the street, and it
4 plan, again, with the Cinemark just being south of here. Yeah, 4 is still bigger than the 4,000, So, certainly, as we have been
5 one of khe things that we were able to share with the 5 around the metroplex and around the country, you look at these
6 residential neighborhood that really helped on our stand is $ quality national groups that you want to be able to compete
T there is no roadway access into the neighborhood. We are not 7 with this On The Border that's the best in the country, we wank 8 puging Pram their utilities. We are not pushing
traffic into $ to advertise that and use it For our benefit, none of which fit
$ those neighborhoods. Where is no street stub into this 9 underneath that 4,000 square foot envelope or the 100 feet.
1D property from a residential neighborhood. And so, fortunately, 10 COMMISSIONER LYKE; Would that be something that
11 we are not going to put any additional traffic into those 11 you could have an SUP far, a larger quality restaurant, without 12 neighborhoods. This ties directly and
feeds completely off of 12 changing the zoning to allow vehicle repair in this area?
13 135. That's why we wanted to do the development, is because 13 MR. SAIN: I think part of the
1~ of 135. And that's going to be where the vast, vast majority 14 COMMISSIONER LYKE: I mean, since that's part of
15 of our traffic tames from. 15 your argument, that we need to have some of these quality
1B Again, the zoning classifications shows kind of 16 restaurants, is that something we could just 17 zoomed in and zoomed out far you all. That's a little cloudy. 1l
MR. SAIN: Part of what we are trying to do is
1$ I just wanted to show the area where the RCR-i seems more 1$ work with the neighborhood and provide a nice buffer,
19 appropriate to the areas outside of 35. Further away from 35, 19 additional buffer even, against the residential neighborhood
2~ where it is not our hest corridor, people talk about wanting to 20 and protect those neighborhoods. And we really had a great
21 be on I 35. You don't hear about people from around the 2'~ conversation with them. And, fortunately, created same great 22 country and around the state wanting to be on
our other roads 22 even relationships and friendships with them as we tried to do
23 as much. And as we drive from there, there's really been great 23 that. As we moved forward, that Wasn't supported by Staff
24 developments done off of I 35. We really want to drive them to 24 about a week ago.
25 our major corridor. So it would certainly be our 2~ COMMISSIONER CfJNNINGFlAM: Relative to the issue df
78 $0 1 recommendation and what we think is best, not only if we were 1 the restaurant. Restaurants are permitted in RCR-1 with
Z doing it ar not, the hest for our city is to allow the mast 3 limitations. And the limitation is that they will be sit-dawn
3 intense zoning to be done along our I 35 corridor, 3 only, and no traffic services permitted, limited to 100 seats
4 Sa this shows the RCR-1 that's currently there, 4 and na more than 4,000 square feet. They are permitted, but 5 And the only other RCR-1 on I 35 is an existing apartment
~ they are limited.
6 complex across the street. But, again, we have RCCD to the 6 COMMISSIONER LYKE: Right.
T south and RCCN directly across the interstate from us. T COMMISSIONER EAGI_ETON: I think that the
$ With that, I conclude my presentation and would $ difference, the big difference that I see, it sounds like it is
$ like to hear any of your questions. 9 a goad development. But the big difference between this and 10 COMMISSIONER LYKE: Yes. By changing the zoning 10 what's
happening across the street is the lacatlon of what's
11 on this piece of land to get ZO additional approximately 20 19 happening across the street is not next to an established
12 additional uses, by right and one of the problems that Staff 12 residential area. And so, to me, that's the glaring issue that
13 has pointed out to you is there is no site plan atkached to 13 I see in the proposed zoning. Could you put up a 100-fact 14 this rezoning. Which means that you could, by
right, put in 14 building without a site plan? We don't know I mean, you are
15 vehicle repair, auto and RV sales, instead of these quality 15 not limited to what we see on this plan here. So we have no
75 restaurants of which you speak, You could put in fast food 16 guarantee that you are not going to put up a x00-foot office
1T restaurants with drive-throughs by right. 1T building, or are you going to be, you know, all the different
1$ Give me an example of the sit-down restaurants. 18 permitted uses and that kind of thing, 19 Naw, as it stands with the zoning you have, you can put in a 19 MR.
PFARSON: My name is Sparky Pearson, 7735 FM
20 sit-down only restaurant with 100 seats. Naw, far example, how 2~ 428', Benton, Texas, One of the neat things about the
21 many seats does this On The harder have? 21 development I would like to comment on, when you think of where
22 MR. SAIN: I don't know how many seats it has. 22 you put things and how you put them, there is a natural buffer 23 But I know it is approximately 5,500 feet. 23
that sits on this lake front. There is a stream line that
2~ COMMISSIONER LYKE; And that's outside of the 24 comes down, a creek line. And what's nice is this is not
25 4,D00. 25 drainage. This is, actually, a high paint an the site. Yau
a5fzs~zaos a9:a~:3z AM Page t4 so of izi 7a of 31 sheets
s...
85 gy
1 there are a lot of trees and a natural buffer with the pond, 1 property and have for, I think, about 75 years, or something
2 And then a ready nice, treed area along this residential that 2 like that, It has been passed through the generations. We are 3 we share with the residers that we would
love to keep. It is . 3 highly in support of this project. And our piece of property
4 along a boundary there along the southern part of the site that 4 is cart of wedged behind the shopping center to the north, I
5 I will show you in an oblique that we have told, and worked 5 guess, and then behind the retirement home to the west, and
6 with, the HQA numerous times. fi then the residential neighborhood to the south.
7 You can see it here, that tree line there. And 7 So our property, it is a beautiful piece of $ then here, That really creates a great natural buffer of $ property.
It is about 7-and-a-half acres, full trees, and it
9 mature trees. Instead of the what we call developer trees, 9 is a little bit challenged in terms of access and visibility,
1a sometimes; that are two or three inches that takes years and 10 though. And it has, actually, got a higher zoning density,
11 years to get healthy and to get full grown. These are already 11 ironically, than RCR-i that their tract currently has. We have 12 there. So, fortunately, there is a
natural bufFer there, I 12 RCR-2, which allows for some different uses and different
13 hope that speaks to what you were asking. 13 landscaping requirements and so forth.
14 COMMISSIONER LY1CE; It gets there, 14 I can't think of a better place to use the highest
15 CHAIRMAN WATKINS; I have cards in support. ]ash 15 density or highest intensity an than an an interstate highway.
1'6 Phillips wishes to speak, and Steve McNeill will bean deck. 16 We~basically use that zoning category to the south, and it 17 MR. PHILLIPS: Hi, My name is ]osh Phillips,
I 17 looks like we are buffering dawn as we get closer to an
1$ am at 2628 Valencia. I am right along the south side of the 1$ interstate highway, which i don't understand that. This gives
19 development. I am a member of the ISCS ar ICSE, And I say 19 an opportunity for our property, actually! to be opened up to a
ZO that in the sense that I have lacked at a lot of developments development as in right now we have about a 5B-look narrow
21 across the nation. And, that being the case, they have 21 driveway that connects us to 35, and pretty much zero 22 referenced the Highland Village Development, And I was
a part 22 visibility to 35.
23. of that program. And the developers on that standpoint did not ~3 Sa, you know, whether Elk River would end up
~4 push to keep the trees along the residential lots. They, also, 24 buying our property; which they have some interest in doing, ar
2~ did not came in and work with the residents in any way, 2a whether they, you know, elect not to do that at same point, the
8fi 88 1 I would urge you to vote in acceptance far this, 1 property the development of their property would definitely
2 One, because I feel like the economic development for it and 2 enhance and increase the value of our property and serve as a
3 what it means to the community is huge, particularly when they 3 tax base. Right now there is a bunch of trees ors there and
4 keep talking about the gateway. As a member of Denton, it is a 4 they are not paying taa many taxes. So I would urge your 5 really neat city, It needs same improvement
came in. And the ~ support for the project. Thank you.
6 the way the site sits, it has gat a great focal paint. 6 CHAIRMAN WATKINS: Thank you very much. Greg..
7 I am not real encouraged about the difference in 7 Johnson. And Pete McCleskey vn deck,
$ zoning and height variances. But after speaking with them and $ MR. JOHNSON: Goad evening. My name is Greg
9 given what they have said, I am very confident in what their 9 Johnson. I live at 320Q Belmont Street right here in Denton. 10 desire is far the community and for that piece
of land, 10 I want to speak in favor of the proposed zoning
11 specifically, 11 request. I am a commercial real estate broker near Denton. At
12 I, also, know that far Denton to be able to 1~ our firm, we dea! with national, regional, and local tenants
13 attract the type of tenants that they need, it is going to take 13 specifically in the medical, professional office, and retail 14 a change, And I know that those tenants
will be real good far 14 world. And I can tell you that where those tenants want to be,
15 us, the business complex, and the fact that they are not tying 15 and the reason many of them aren't in our city yet, is because
16 any access into the neighborhood. So I look directly at that 1$ they want to be on the freeway. They have to have that
17 lot, and I am encouraged by the fact that they are keeping the 17 visibility. I think you've have seen and talked about what's
18 pond, or that's their main desire is to keep that panel, I have 1$ across the street. They need it. And they want come if they 19 been one of the trespassers, excuse
me. I like it a lat. It 19 don't have the visibility,
2~ is a great place. And I would encourage you to vote far it, 2~ I can tell you that ahigh-quality development
21 CHAIRMAN WATKINS; Thank you very much, Steve 21 such as this as a gateway to our city will allow brms like
22 McNeill. Greg Johnson will be on deck, 22 ours who deal with these people every day to attractthase 23 MR. MCNEILL: Hello, My name is Steve McNeill. I 23 high-quality
users, high tax base users, to come to our city.
24 live at 2383 Bradwood Courtin Arlington, Texas. My family, 24 Nat to mention what I think would be a very positive initial
25 actually, owns a piece of property directly adjacent to this 2~ impression that those traveling from the south would have, you
Q5f28~2008 Q9;Ofi:3Z AM Page 85 to 88 of 121 22 of 31 sheets
~
$9 g~
1 know. As the gateway to our city, what a better thing to have 1 commercial off•!ce-type mixed use development, as they pointed
2 than a very high-quality develapment far people to see and 2 out, with quality restaurants and retail available..I would 3 create a first impression, 3 urge your
support.
4 I have a lot of experience with Elk River 4 CHAIRMAN WATKINS: Thank you. I have a card fra.rn
5 investments. We do a lot of leasing and property sales far ~ a Sue ~ahnson. Did you wish ko speak for it or against it, Ms.
fi them and, you know, on a smaller scale these guys have taken fi Jahnsan?
7 the old bus station and turned it into a Class A medical 7 MS. JOFlNSON: Yes, sir, [didn't put far or $ office. And i was able to lease that to Class A tenants,
who $ against, because I am kind of in between.
9 may not be in our city, otherwise. They bought the basketball 9 My name is Sue Johnson and I reside 25x8
1d association. You guys .Can see what that looks like now. And 1~ Shenandoah Trail. I am a resident directly impacted by the
1 ~ the list goes an. Old buildings downtown that, you knave, we 11 proposed zoning change. And I am, also, the chair of the 12 referred to as a junket that now look very, very
nice, And we 12 external affairs committee, which is the subcommittee of the
13 have put high-quality tenants, tenants that we want to be in 13 Sauthridge Estates Homeowners' Association.
14 our city. 14 In the past few months, since our neighborhood
15 We get calls every day from people looking fora 15 learned of the pending develapment of the 38-plus acres,
1& specific type of space, And we don't have a lot of it, We 16 members of the external affairs committee have made efforts and 1l don't have much to offer these high-quality
national users, 1~ met numerous times with the City and the developer. We have
9$ medical users. You are a!I familiar with Denton MD. We are 1$ met witty Lari Shelton and 7ahnna Matthews with the Planning and
19 going to launch that campaign soon. We don't have a place to 19 Development Department. We have met with our counselor, Chris
20 put a lot of these people. 20 Watts, and with Mayor perry O'Neal 4- McNeil, excuse me. We
21 i urge you to approve this. I think it is goad 21 have, also, met with the developer, Elk River, and Committee, 22 for the citizens of Denton. These people da Class
A 22 as well as the nelghborhood committee.
23 developments, and I don't think this one veil! be any different. 23 Throughout this process we have understood the
24 Thank you. Z4 development is going to occur. We understand the current
25 CHAIRMAN WATKINS: Thank you very much. Steve 25 zoning is RCR-1, and there will be a commercial development.
90 92 1 McCleskey. 1 With that in mind, we have two overriding goals to make this a
2 MR. MCCLESKEY; Goad evening, ladies and 2 win-win situation for the residents, for Elk River, and for the
3 gentlemen. My name is Pete McCleskey, 1308 Apache Trail in 3 City. These goals are to continue the reasonable enjoyment of
4 Corinkh. 4 our homes and neighborhood while minimizing any nuisance that 5 I am here tonight as a representative of Raiders, ~ could impact us and our property
values to allow the developer
~ Hogs, and Horns Holdings, LLC. We own the lot at 2717 Wind 6 to use the acreage in an efficient and profitable manner.
7 River in the Unicori7 Lake area, and are currently developing an T With these goals in mind, I want to share a few
$ owner-occupied office use an that site, $ unique features of this property. If you have not walked this
~ When we look at this property, this has to be one 9 acreage, you should. It is beautiful. And it has same 10 of the last mast attractive pieces of property for commercial
10 wonderful natural amenities, The first is an incredible,
11 development in the City of Denton, with about a quarter of a 11 naturally spring fed, two-plus acre pond that sits next to
12 mile of freeway frontage road access. I've personally became 12 Sauthridge Estates, including my Name and six other residents.
13 acquainted over the last two years with, I think, all of the 13 The pond is approximately 14 feet from my backyard property 14 principals at Elk River. I find them to be
quality people. If 14 line, We know we don't own it, but its natural beauty and
15 you look at what they have done and the money they have come 15 abundance of wildlife from fish, ducks, geese, and four-legged
1$ invested in our city, they have done class work, and we would 1B creatures that enjoy its waters factored into our decision to
1l urge you to support this request, 1l live in Sauthridge Estates, and continue to delight us daily
1$ Much has been made by your Staff and same of the 1$ with the wanders of nature. 19 questions about same of the objectionable uses that might be 19 The second
feature that is north of the pond is a
20 permitted here. Professionally, I am a Certified Public 2~ spring and small section of eastern crosstimber forest This,
21 Accountant Many of my clients are in real estate development. 21 also, sits right next to Sauthridge Estates. The trees and
22 An idiot would be the only person to buy this piece of property 22 spring are reminders of the once plentiful forest of post vak 23 and put an auto body repair chap in the
middle of it. I think 23 trees
24 you need not warty about that. What a beautiful Site and what 24 CHAIRMAN WATKINS: You have one minute.
25 a great place it would make for high quality, high caliber, 25 M5. ]aHNSON; Oops. We understand that Denton .
23 of 3i sheets Page 89 to 92 of I.21 ~5/28/2DQ8 09:06;32 AM.
.y
1 needs to balance the needs of its citizens and promote economic 1 CHAIRMAN WATKINS: Thank you very much. I have a
2 development. We diligently tried to negotiate with Elk River 2 card from Stacey poranski, who does not wish to speak, He is 3 Investments to preserve the pond, spring, and
standard oak 3 in opposition. The traf0c and access road is already terrible
4 trees an the property as a buffer from the commercial 4 and it needs to be turned around to Laap 288 and State 5chaol
5 development and as an asset to their development plans, and a $ Raad. The backup is noticeable now, without further commercial
$ part and parcel of the disappearing ecosystem of 1Varth Texas. 6 development.
7 I have a letter from all the residents that, 7 Would the Petitioner like ten minutes for $ ackually, touch the development. Some are here from $ rebuttal?
We have finished the cards. Comments and what not.
9 Southridge, if you will stand up. What we are asking is the 9 I+fR. SHIN: Sure. Thank you very much. A number
11~ spring-fed pond must remain and left the same size or larger. 1rD of things I would lave to talk about, but I certainly don't
11 Elk River erects eight-foot wrought iron fences wikh 1:<nials 11 want to stay here taa lang. 5o I will try to keep this chart.
12 and gates for the homes directly by the pond, A buffer zone of 12 I understand .the last comment just made about the 13 I25 feet that contains a spring and trees that
we already 1~ landscapings. Our intent was to keep that lake, And though
14 talked about, for the 2400, 2404, and 24D5 Natchez Trace. And 14 that lake may not be the typical type of landscaping, the grass.
1~ any commercial buildings constructed next to the pond shall not 15 and the trees, that's asignificant that's ten percent of
15 exceed the 4D Feet which fits in the current zoning. 1G our Site, maybe eight percenk of our site. It is a little aver 1l I have. a half a page left. If we can get
those 17 three acres, plus the stream feeding into it, and al.l of the
1$ things, we are in favor of it. In fack, we are far it. but we 1$ trees. Really, you start out already at about a 15 percent
19 just want to be protected. That's where we`re at, So thank 19 lass of khe entire land, that we would really like to maintain
2~ you. 2Q that.
21 CHAIRMAN, WATKINS: Thank you so much. Wes 21 Sa what this zoning allows us to da is put the 22 Pakebuschl 2,532 Natchez Trace. I am sorry if I mispronounced 22
density on the other parts of the site. And what
23 it. 23 unfortunately, what may have to happen, if the zoning were to
24 MR. PAKEBUSCH~ It is Pakebusch, And I live at 24 stay the same, is you have to try to utilize those areas just
25 2532 Natchez Trace. 25 to maximize your building area, And that`s not something we
94 96 ~ My only concern about this is khe height of the 1 were ever wanting to do.
2 buildings. There is a couple places in our neighborhood, if 2 Additionally, I would like to point out that Kent
3 you look south you can see Denton Regional Medical Center, see 3 Key to the south, which also was a suppark letter that you gat,
4 the top two floors of it. That concerns me because, obviously, ~ is building some of the hest homes that we have in Denton, Ali 5 I don't think that building is 100
feet tall. And if you built 5 $600,0170 plus homes. And he is building it right across from
$ something you would be able to see more of it from our 6 RCCD zoning. He is putting those homes close, and selling
7 neighborhood. And, in fatk, if you go an to the Denton wehsite 7 thane Names, because of their close proximity to the
$ and go to the zoning department, y'all have a map section that $ development that's there.
9 has a topography map of Denton in it. And I notice that the 9 So it is ready a benefit across our region as we 1~ hospital was built at 612 feet. And they are talking
about it 1a puff people into our city to have these quality homes close to
1'I sitting at 645 feet. 5o it has already got, like, a 30-foot 11 these types of developments. And, again, we were not at all
12 advantage aver the hospital when they start building an it. 12 adversarial. I hope that was apparent with the Staff, or with
13 5a the 1D0 foot thing doesn't concern us. The 4D 13 meeting with the neighborhood, of trying to came to an 1~ fook concerns me right now. I don't object necessarily to
the 14 agreement on a buffer zone. And though khe Cade deals very
15 development. But the IDQ foot thing --and one other thing 15 specifcally with how that you abut a residential zone, we were
16 that hasn't been mentioned tonight, the minimum landscaped area 1G willing to have this conversation and really had a fat of
17 changes quite a bit under this zoning. Right now it is 1l progress there until that na longer was supported by Staff.
"I$ required tv be 45 percent landscaped. And under the new zoning 18 And so we would Certainly lave to talk that way 19 rule it is 10 percent. And if we are talking about
19 and to figure out a way to make this work without impeding.
2~ beautification of Denton and what's best for Denton, that 20 Again, it is the back of the residential homes. And we would
21 concerns me. And it concerns me that they get broughk up. 5a 21 be leaving a lake, and there is a privacy fence, and a minimum
22 that's one ❑f the concerns. 22 requirement of trees to be planted, plus additional step as the 23 Now, I will say I am in favor of quality 23 higher the building
is, the further away from the property
24 restaurants, as you can tell by looking at me, So I am all for 24 line.
2a that. Thank you. Z5 So there is a significant amount that goes into
05f 28f 20013 09:06:32 AM Page 93 to 46 of 12 i 24 of 31 sheets
97 99
1 putting a commercial development next to a residential, It is 1 anyway, the small office buildings or whatever, which would be
2 certainly not the intent to build a 100-foot building in 2 the 40 feet. 3 someone`s back yard. That's a good point, The distance across 3 MR. PEARSON; You are talking
about right here in
4 the lake at its widest point is right at about 500 feet. And 4 the back? Right here is the discussion is right in this
5 so we are giving up significant distance, you know. It is, ~ pocket right here.
6 kind aF, shaped like a triangle. 6 CHAIRMAN WATKINS: Why don't we
7 And sa as you head south it definitely is a 7 MS. JOHNSON; This right everything that $ smaller distance, but a significank distance. So when we hear $ touches
right
9 that you want that we want tv maintain the 40-foot height 9 CHAIRMAN WATKINS; If we're going to
10 across the lake. We want to use that lake as an amenity. If 1 D MR, PEARSON: We are amenable, except when you get
11 you have an office park, you picture people wanting to office 11 out here, you were 500 feet off this property Hne.
12 around that lake, or a restaurant that would utilize that as an 12 CHAIRMAN WATKINS: If we are going to negotiate 13 amenity, similar to what is done in Unicorn Lake.
We spoke 13 this thing, I want you to put us into afive-minute break, And
14 with them and offered up masonry fence, and offered up wrought 14 you folks ga negotiate your thing and came back, because we are
15 iron fences above and beyond the requirements of the current 15 not going to do it at the microphone,
16 zoning. And above ar~d beyond, I think, what most people would. 1B MR. PEARSON: I'm carry. I apologize. 17 dv in trying to give the people that want the view a view,
and 17 CHAIRMAN WATKINS: Five-minute break,
1$ the people that don't want a view, we will be glad'to put a 1$ (break taken from 8;07 p.m. to 8:17 p.m.}
19 10-foot fence. 19 CHAIRMAN WATKINS: She has already spoken. It is
2~ Sv we are trying to work ,with them and understand 2Q a public hearing, and the public hearing is aver. Yau have had
21 what each party would like. We are really trying to be as 21 ample time to get this thing Z2 amenable as possible and have numerous meetings with the 2~ MR, PEARSON:
Would you like us to speak?
23 neighborhood and with Staff. Any other questions? 23 CHAIRMAN WATKINS: Yau have 15 minutes.
24 COMMISSIONER KING; Would you consider all of the 24 MR. PEARSON: What we were asked to provide would
25 requests, I believe, as Ms. Johnson had her fist, I think you 25 he leaving the spring-fed panel, which we are Fine with that.
98 100 1 had previously, but would you consider those? 1 That's something we think is a beautiful feature to this site.
2 MR. SAIN: I think what we had talked about that 2 We were asked to erect a is it baek? Haw do you go back?
3 we were amenable to was out in that First 100 feet slang the 3 we were asked to put a wrought iron fence along this line,
4 entire boundary which, again, is another about six acres, an 4 which we don`t have a problem with that, either. What they are ~ top of the akher acres that we are giving
up, is about a six- 5 trying to do is maintain their views of the lake, ar the pond.
6 acre piece that we would be giving up that wouldn't be tax 6 We, also, talked about a i00-foot buffer zone in
7 dollars. But limiting that to the type of use, and the 40-foot 7 which we talked about doing a 50-foot nanbuilding zone, other
$ height restriction that is currently there, we were very $ than a sidewalk, through the entire exterior side of this. And
9 amenable to that. 9 then 100 feet out we would restrict it to a building height of 1$ I am not sure. I don't have them in front of me, 10 40 feet, the way it existing
sits. That's what the request
11 all of that list, but those things 11 was. That`s what they Stated, And that's what we agreed to
12 COMMISSIONER KING: They are going to appear 12 do, if that would help.
13 shortly. 13 CHAIRMAN WATKINS: All right. Thank you very 14 MS. JOHNSON: What we asked for is that the pond 14 much.
15 remain the same size ar larger, That they put fences with 1a MR. SAIN: Thank you.
1fi finials and gates. A buffer zone of the 125 feet was 16 CHAIRMAN WATKINS; I appreciate it. Discussion?
1l MR. SAIN: It was 100 feet. 17 COMMISSIONER LYKE: I have a question. If we
1$ MS. JOHNSON: Welt, I am sorry, It was what they 18 chose to move, to table this or postpone further consideration 19 measured. They went and measured it far me. Sorry.
I didn't 19 for a site plan to be submitted along with the request, is that
2a know what y'ail had talked about. But that's thane three 20 something that we can da?
21 houses that you guys already waiked with them. 21 MR. KNIGHT: It would be very appropriate to
2Z MR. SAIN: Right. 22 okay, can you hear me? Dkay. Sorry. Complicated button to 23 MS. JOHNSON: And then the commercial 23 push. It would be very appropriate
to table this to a date
24 construction, what we are asking is it stays, the very first 24 certain, which would be the next Planning and Zoning Commission
25 row of buildings, which is what you are saying. you want to da 25 meeting. It would, also, be very appropriate to request the
25 of 31 sheets Page 97 to 100 of 121 05~28f 2008 Q9:06:32 ~M .
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1a1 1g3
1 Applicant to came back with a site plan showing how this 1 site plan khak you are agreeing ta, then I am thinking that you
2 property would be developed and addressing same of these issues Z will have less of a problem getting your zoning passed. 3 that would be raised. 3 MR. PEAR5DN:
Qkay, I appreciate that, Explain
4 COMMISSIDNER LYKE; I think my concern is that, 4 to me, outside of the site plan that you are looking at right
a yes, they can verbally agree to the stipulations that are 5 now, you were asking for an actual site plan of folks that we
6 required or asked far by the neighborhood, But until we have a fi have in contract, And the question I have for you is how,
7 site plan, before we knave where the ESAs are located, and 7 before we have the zoning, haw are we supposed to contract wikh $ before we.really knave what they want to
put where, so far, I H people that I know they can put it subject to zoning. But
9 have heard only quality and Class A. But I haven't heard of g this is such a large piece of land, how da you ga about that in ;
10 tenants. And I haven't heard of anything that is really 1p such a way that it would allow for site planning to occur prior
11 concrete that is supposed to occur on this chunk of land, And 11 to an a piece of land like this?
12 I would like to move for tabling it to a date certain and 12 I khink it was stated earlier, it is somebody 13 asking that a site plan be subrnitked at the same time
that the 13 looks at speculative zoning, and that's a buzz word that's
14 zoning request is submitted. 14 running around. And going to the extent and doing the things
15 MR. KNIGHT: That would be appropriate. 15 you are dying, the concept of speculative zoning is very hard
16 COMMISSIONER EAGLETQI~: Can we ask the Applicant 16 far me to comprehend, based on haw many tracts of land that . 1T if that's something that they are amenable ta?
17 I that we, actually, awn in the City of Denton, and the way
MR, PEARSON: I would ask that it is not that we 1$ it is being lane, and what we do as a developmer~ company in
19 wouldn't be amenable to issues, The ESA is actually done, 19 town.
20 being lane right now, And my question is the ESA and zoning, 2Q However, I appreciate what you were saying, I
~1 is that really part of zoning and a request? As a site plan 21 think it was stated earlier there are fears of vehicular use, ~Z goes, Brian and Associates is our archikect.
Whey are helping or same things that warrant fear. And my question is, haw da
Z3 with the land planning. They are one of the tap architects in ~3 you take those uses upon the front corridor and not damage the
i 24 Dallas, Texas. We are working in the zoning context of what we 24 rear of the property? And I would be I would be mare than
25 are doing with uses. We have calls taming in every day far 25 happy to provide buffer, as we discussed, and those kind of
1a2 104 1 people who would like to be here. We have not struck a deal, things, It is very hard for me to sit there and think haw I
2 We have multi users, and when you sit and ask for site 2 perfectly site plan something that I am trying to get the
3 planning, if the request is to create a like plan showing a 3 zoning far to get the client base signed up to da property. Ga
4 buffer that we were just talking about, I would be mare than ~4 ahead, 5. happy to provide khat. 5 CQMMISSIOl11ER EAGLETON; If I may, Here is
B But as far as an actual site plan that you are 6 something that may clear it up. Site plan may not be what it
7 trying to get us to live to at a certain time, based an demand 7 is we need, I think what we need is a reassurance that some of
$ we don't have, based on the zoning requests that we have made, 8 the requests that have been made by the homeowners are going to
9 it is very difficult to provide. We are using world class 9 be self-imposed restrictions. Maybe that's what we're asking, '10 folks to help us and lay this out. And my
feeling is I would 10 A list of self-imposed restrictions that are compliant with the
11 ask is the ESA appropriate, We have actually we have done 11 requests o€ the neighborhood association.
1Z the ESA. We have got our folks involved.. is thata zoning 12 MR. PEARS~N: I would be more than happy to
13 issue, itself, or is that outside of zoning? And that's the 13 provide those. 14 question I would pose to you folks. 14 CQMMISSIONER KING; Maybe I want speak.
My
15 COMMI5SIONER LYKE: What I believe is important 15 thought was to include in the motion, itself, for the new
16 here is that the zoning goes with the land, And you and your 16 zoning, subject tv the things we just spoke of, buffer,
1?' ca-Applicant can tell us this is going to be quality and it is 1l fencing, 40 feet aut,100 feet, 4Q feet out. Those things that
1$ going to be Class A, Yau could tell us tomorrow as soon as you 1$ we just spoke of, if we included that in the motion, itself, . 19 get the zoning, and it could be to
somebody who is not going to 19 approval of the zoning subject to khose in writing, those
2~ agree to all of these things that the neighbors want you to 20 restrictions,
21 agree to. 21 MR. PEARSQN; I would be amenable to that.
2Z There is, you know, the passibility, I am not 2Z COMMISSIONER EAGLETQN: Right, I see what's 23 saying that this is speculative zoning, but there is always a 23
happening, I think thak iF we have that in writing and. have an
24 possibility when there is no site plan that is tied to it. 24 opportunity for them and the City to wordsmith that and come
25 That is my fear, And if you are willing ko come back with a 215 back to us with a written document, you know, we are only
OSf 2812408 ~9:~6; 3Z AM Page 101 to 104 of 121 26 of 31 sheets ~I . .
105 147
1 talking, what, two weeks? Whatever the next we are talking 1 giving a 50-foot landscape buffer, make it real simple, and the
2 about continuing this? 2 first 100 feet total, including that landscape buffer, we have 3 COMMISSIONER KING: I was, actually, wandering 3 a maximum height restriction
of 40 feet, which is the current
4 about taking the warding they just wrote and including that, ~ zoning, That's what we were discussing.
5 because the homeowners' association has wardsmithed it quite a 5 COMMISSIONER KING; That there would be no
$ bit. Which is it is wonderful to have a piece of property fi building in the first 50 feet?
~ this nice. It is wonderful to have two residential l MR. SAIN; Correct, The only thing we're wanting $ developments that nice. And it is really nice to be in Denton
$ to do inside the 50-foot buffer is a pedestrian easement
9 where people want to come, because it affords us all a living 9 through there for a sidewalk. And they were amenable to that.
1~ here, I think that's probably awin-win of all involved to 1Q A buffer around the entire development would be 100 feet of 40-
11 include the wording that you just spoke of in approval of the 11 foot height restriction, and the first 50 feet waufd be nothing
12 zoning. 12 except for a sidewalk, 13 MR. PEARSDN: I appreciate that. I would lave 13 MR. PEARSDN; Jeremy, the south and west side,
14 that, 14 MR, SAIN: Yeah, the south and west side, like we
1~ COMMISSIONER KING: I probably need to barrow that 1~ talked about. We were trying to da a special Case for yavr
16 wording in a second. 16 particular Name, What we were doing around the entire thing 1l Cl`IAIl7MAN WATICINS: I think it arrived. Do I 1T was 100 foot we were
trying to keep it simple, And same
1$ anticipate a motion? 1$ wording, again, we are trying to make it simple, I knave this
19 COMMISSIONER KING: Yes, Make a motion of 19 is hard to do at the podium, But does that make sense?
ZO approval of the zoning, subject to we might keep part of ~0 COMMISSIONER LYKE; Can you just come back in two
21 this or make a copy of it --the spring-fed panel must remain, Z1 weeks and do this? Can you get together within the next two 22 Elk River erects an eight~foot wrought iron
fences with l:anials 22 weeks and have wording that everybody in the homeowners'
23 for homes directly across from the pond. A buffer zone of 100 23 association that is interested in this?
24 feet that contains the spring and trees will remain untouched 24 MR. SAIN: We are not adversarial to that. What
2~ next to 2400, 2404, and X405 Natchez Trace. This is the 25 happened was
105 10S 1 property north of the pond, And the post oak trees. The next 1 COMMISSIONER LYKE: I know. But you don`t have to:
2 one, any commercial building constructed next to the pond shall 2 do that tonight,
3 not exceed 40 feet, which frts in with the current zoning of 3 MR. SAIN; We were supposed to come a month ago.
4 the property is that no, you marked it out. I think you, 4 We were asked by Staff to delay. So bath times we were ~ also, said something a moment ago. ~ agreeable
to delay. We thought we had it worked out. And a
fi MR. PEARSDN: Yes. We were talking about the 100 fi week ago Staff came back and said they weren't going to be
7 feet out an the entire site. We would not increase mare than 7 amenable to those things. If we're understanding now Staff is
$ 40 feet, we will not have a height aver 40 feet. $ amenable to those things, then we certainly will be willing to
9 COMMISSIONER KING: You, also, Said Something 9 take that time, yeah, certainly would be willing to take that 10 about a 50-foot buffer, 10 time to do that, That
wasn't communicated to us from Staff,
11 MR. PEARSDN: We did. We had offered that up 11 COMMISSIONER EAGI..ETON; I think you would be in
12 because of the tree lines. And we felt like 12 better shape to da that than far us to recommend denial
13 COMMISSIONER KING; But you are amenable to that? 13 tonight. 14 MR. PEARSDN: Yes. Absolutely. 14 MR. SAIN: Sure. Sure. We are very okay with
15 M5. JOHNSON: It is, actually, saying he is going 1v that. Are you okay with that?
16 to do the 100 foot all the way around. 16 MS. JOHNSON; Yeah. Like, so now we are tabling
17 COMMISSIONER KING: Okay. So no building within 17 it to June 11th?
1$ 100 feet? COMMISSIONER KING: I rescind my motion. I 19 MS. JOHNSON: (Nods head.) 19 rescind the motion. I change the motion to table until date
2D CDMMI55IONER KING: And then 100 feet will only be 2~ known two weeks from today, a date certain --three weeks from
21 40 feet? 21 now, the next Planning and Zoning meeting.
22 MR. SAI1V; What was your question? Sorry, 22 CHAIRMAN WATKINS: Second an that? 23 COMMISSIONER KING; No building within 100 feet. 23 COMMISSIONER LYKE:
I'll second an that, since i
24 And at 100 fleet it waufd be restricted to 40 feet, 24 made the original motion.
2~ f+~R. SAIN; No. What we were saying is we are 25 CHAIRMAN WATIQNS: I have a second on that.
27 of 31 sheets Page 145 to 108 of 121 D5J28f 2008 09:Ob:3z.~+1N =i
109 111
1 Please vote on the board. 1 '
~ CQMMISSION~ CUNNINGi1AM: Mr, Chairman, for the 2
3 listening audience and everyone who is viewing this hearing, I 3 4 just want to announce I wanted everyone to be aware of the fact 4
5 that the next P & ~ meeting will be June 11th. Sa it gill be 5
fi June 11th. Thank you, fi
7 CIiAIRMAN WATKINS: We wili move to public hearing l $ 5C, Comprehensive Plan Amendment oh, alcay. Five to zero in $
9 favor of the motion. 9
10 1a
11 11
12 12 13 13
14 14
15 15
1fi 1B 17 1l
18 ~ 18
19 19
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05f 28f 2008 49:05:32 AM Page 109 to 112 of izl 28 of 31 shuts
EXHIBIT 14
June 11, 2008 Planning and Zoning Commission Minutes
~
1 ~roa t was raid was u~Ci~re ffi ~ the and
~ now t~ ~ laulr ~f a ate ply ~a+eaa that . ~ ~ re~i~ off' trees o~ ~ off t1~ of eo~~rt q,~y test fully
# lei tilling ~~,44~ ~ ~~dooal ~r ~ import a r~~ f 1 ~ ~ the f~k
~ Resi 1 ~2~ di~i~t to a i~ne~ ~ that vvJll l~ ~ h,o~t ~f u that allowed ~ dal ~ ~ ~t s#a~felt if it wa~{t pl~,d pl~~
&ie~, f tir net o~l~ t p~pert~r} hart
$ fit. [.tY; 'I'baa>~ ywo~, r. ~ S ~ amp
~ h ~~e ~ mm~ ~ Andgiv~ar the lacatia~ ~n ~ ~~o l0 Thin was dad ~1~ 1~ ~ ~'ir, we feSt t l~ ~ of the wince
1 ] Ply a ~ to ~ ]~me ~ ~ jet ~dn't ant ~ see it ~ in
1~ 1 to e11 applic~rt ~ tt~ddk 1 ~ ~ maw that ~va~ ~~t with the overall ~riaia~ a~
13 Si F App won t~ ifti~ 1~ ~ fat u~i1 s for tbi.a tr'ans thin utd ~ d ~p~ that 14 , as e~ aoe ate
t~ ata, ~ bath peF end I'll i t~ ~i ~ ~ni~
lb ~ i~ ~ mameat. i ~ A~tt i ~ left in t}~e tLree is t}x ~Iumn 17 but just r way o~ The 1~ nom all ~ t2~ wee theoC gently pt~itted by
.
1 a tl~t , ag , it was 1~ the .i Wig. .
t~ far ~ rd~i~, } tl~ ~ ~ ~ 1~ And then in ~ ~ rid y
~~.44,5 a la~,`~d a1~ng a* I-~~ worth ~ have the ~p uee~s. And urea ram ~ thea~ TJn ~ a 1~ ua pia location ~F• pa~it#ed i~ t~ sty
ttieae ~ qtr
A dust to ~ you atY otieuteti~a ~ ve~c~e ae~ian~, vrh;r~1~ repair, aama as
meat tau t~ tLe . T~ ~ aad to wc~ is wed os a ~ lay ~4 Riy~ Fes, Thy is LTm I.al~, Ti's a 4 d t a~ ~ ~ .
itl~~dc ~ i~icnm . Acroe~ I-~~ a Taxes tlr~ is one ~f the ~ux~s of o~~ra t~C last
~ ~
1 Rauae: ~a Thy ~a. And-fit oi'tbet ~ ~ ] wee1
~ m~ly t. ~ ~eltl~le r~peir was ~ teat, 3 'lhe a~ iti ~ im~►dd, ' ~ you lma~ui t ward he n that a be depe~ .
~ w~ a tai. Tlx~c' e n Lug pond 4 the at ~f I~~~ and ~ bo liaaite~ m any .
~ ~ that' ~ 1dd ~ the ~i At~d #~re'~ a ~d ~ shepe~ ~ f ~d ~v selr~ soother u ~ e~ in the ~ r ~f t~ ~ thadk jet ].i,1Ae a par~g tit in
~ ~ ~ ` +araa nit o~ [~im~ t
~ TJ~ ~ tb,e p~aperly is ~ ~ ~ ~oul~'t ~ id, The ~u~nt. ~o akin
9 > 1. And ea }~,t ~ the ~ pti ~C ~ that i~ the app~i~a~t wee to t ~ ii~!`~'C this . 1~ a rsu , l~u# tha p~dnravinaadt r ho~cla, re't~ aai,~
aad savi~ u t tbeater~
11 the aka ~sld~al aad dal. 11 ~ ~ atYd ~ aad vas 'qn~~l
1~ ~e pa~ag1 o~~CC ~ ~ ~ ~depted, 1~ h~ wit it wry l or the opt tl 1~ w ale this . ~ wp 1~, T~ 13 1 ~e . find the fact that
14 tt ~ the tti~r hem remaining t# we d~u't L $ ~l~un ~a t>~#~a Zea~Iy w t~ -
i~ piece w~trld be left e~ -1. And t~ a I-~~ yon 1~ c~a~ra was i~ b~ tL~ prc~rty in a
1~ wc~utd Lave &t at3d tax aad then ~~u~ to tha 1~ ' That mould 1 ibein~in i~ oust car 1~ ~f t ~ that that pond a~cl elm tit r~ati~l~ .
1~ This a~ ~ NR-3, the Sri t the reatdents t~.1~ mouth aaad t~ ~ w
1~ ~ is ~~tood ~l ~ aFrd 1~ Another u~ ~C' S ~un~tly s►pt r
There w~ tLr~ any the a~#' noi~,d aad I dmt is p~mitbed within a limi~ti~ is licit . ~1 wamt~ Ov to p~ that I ~ ma~'erm~ t17at'~ a t} pa~om~inely
i~
rat ~ new t~ arlly,l~d ata~~ ~ held indaora, tl ~ra~ri~~ wi#irin the ~ .
~ of denial f~ ~ ~ the# to he a ~ o#' ~4 '~'Lo first i es r~►id #bui~ duar, w w~ is e~~ e~ thak
was its. 'lb~ th~k ~5 is .
~L~A]~TN1N~ ~1N~ ~T ~1~, ~JNB ~ 1, ~p - p
~
~ 1 d~rds i a f~ t]~k meebt~ - ~ ~ f~ ~x I-1 ~ v ~ ~ ~ , A~ Ism we
~ many i~ } i~ t ~f lit , lob ~ firma ~ i]~r ~ ~ ~ ~
~ lit ~idt1~ tha ~1~, stn h~rr~ n ~ ~ ~a t~ ~at~a 'k ~p1i w~ dim ~
~ wee ~ tbat 1~~ s1~p~ ~f d~ ~ with e~ tip rs as~a.ati~t t~ . ~ ~ t ~ t]y bttil,~~ c~u1~ l~ ]tea ~ foa~a]i~ ~~ti~ fat p ~u1d
t~.
. ri~l
~ ~ ~ l~v~ ~ ~`itlY #l~ ~ ~ ~r ~f link, iaclu . .
14 T i~ ~ Fit [T~ C~~ 1 ~ gad h ~d t"~ t Emotes ~ 11 ~itd ~ut'r~tl~ i~ ~ e~ ~ i ~ --.with ~ ~ ill ~ ~ t .
1~ ~th~tt i~t~~~lt~ 1~
i~ ~t~ ~ . ~ n ~1~ ~ t i~ ~i ~ a~ wi~a t~ ~D~~t ~~er~ i~
1 t ~p t ~ ~ with ~ ~ k.
1 ~ { i ~ ~ ~u~l ~vitbm 1 fad . 1~ 'I~ i~ ~ ~ t 1~ r~i~at~1 l~opur~t~tn wed
1~ lti~m. I~ ~ ~ In 1"T a i~ ~1 hit ~ 4~ fed
1~ 1h~e ~tu~ t~ ~ t~ nn1 R~, ~t~ a4b~ee~ mill
i~ b~si~al~ t t~$ is t t is ~ t~ ~ d e~iatit~ ~ ~ we~ern uy
~ t ~ni~~ d~tri the ~9 ~ ~ t~ ~~~t p~p~rt~ ahukti ~i fie. ~t ~ Aid ~ is ~t ~ ~ ~r t~ ~1 Fi~Il~r, up~a appr{p~al ~e ~i
~ t t rt Inter ~ ~ ~l~~k X11 ate a~
~ ]l. ~3 ~ ~ g, ~-fit wrest its ~c f~ ~
T ~ t~ ~ #h~ nine ~f ~+eaefit ~ ~ ~ wed ~ ~ ~A`~Y~ ~ tit ~ +~d m ~pp~~iti~ ~ ~d N~rra udia
F P . ~ the i~ ~ gad ~ in 1 ~d~ed f ~etit~ ~a f~mrr but .
~ r~ 1~ p~r~t t1~ ~it~n ~ in to N~.1 ~Iri~ ~ ~~fa~t ape ixt~} t
~ ~ fit ~ 1~ ~J ~ f~ ~ tumor 1~~ fiadt wi11 n~in un# ? .
~ Thin 1~~ ~ is ~t ~ to ~ ~rhich ~d try ruaait~ alb t .
~ tee ~ ~ ~ ~ a ~ ~ t~ F1k~ Rim rte, u ~ ~a~ . ~ ~tm ~f ta~vwaen they ~ i~ ~ i.~ ~ aid tae a~ ~ ~ .
~ . t~ r~aq ? N Ti~oe in ~a .
$ ~ T~~~~ ~ x~i~~
~ an il~ ~ the ~ t1~ t1~ ~ ~1 ~ ~ ~ a11+e~d ~ port~ra t it be ~ve1 is $ a me~~ b~al t Gf - tbat react .
~1 tamer e,d,}a ~ ~ t+f~3 really} ]I
t~ w1~ t~ j ~ ~ ~ lei ~ ~ ~ 1~ Na. ~ r~a~od uac~ ithi~ 1~~
1~ Fife i~ ~a ict ~paek tit ~ 1~ fit ~f ~ re~de~ddel to tie t ~ ~
1~ t~k this a i~ it ant r~u~i~d. 14 tip ~ t a~j~t ~p~ ~ 1~ ~~1~~ T~ t~ ~ 1~ ill ~ $ rirr~,m, hwldi~ ~ 4~ ~~t,
fig ~ ri,~k~ war ~a ~~i~t v~ua x~t-~. A~ tin I 1 item tit t1~ .
1~ t ate ~ ~ 1~ ~ev~dr will , ~ ~ ~
1~ 1n,~~ty ~ ~ e~i d~. Tbi~ i~ wrack ~ wi#h fug f~a' a~ros~ l~ ~ 1 e~ from t~ pest ~ #hri i~ darn the .
~ ~ ~ l~,n ~ t~ ~ that was 1a ~f t
e~t~a tit Y, ~1 ~ ~ t~ mater.
And t ~ a~ ~ ~ ~ I jet w~ ~ t1u~ .
~ Win, t~ 1~ ' dial ~ ~ i~t~t 8~ z with ~ r~,ting ~ it ~ r~ ice, ~ ~ ~ t}aa ~ p~1 t~ f ~t r~k ~y
p1~ p aa~ tip' ~m~a ~ ~ ~r~. P'e ~ ~i ilea ~vi~w} t~ pY ~ m
PLI~T T ~I~~i, ~JE 11 ~ ~ ~ 4~ - P~ ~
_
+ F ~ '
l ~mrit'~~#'~t~k~ ~ ~t'~~t~illt
~ 1~ ai prt~ ~p ~ ~ Irk .
# i~ #~t i~ h~v~~~ t~ bar ~ cairn ~ t its t~"~ r Its
~ + t~ lug ~'1~ ~ I'~ ~ plate it .
I ~ , ~p~p.ty ~ ~mn ~ 1 d~#ri the ~ Y. ~
II ~ d ~tia~ ~ ~ ~ ~ t~ vue~era 1d ~a ~ ~ .
1~ 1 di# #h~ 1i~ did ~t 1~ ~ ~nut~i deg. " p~ud fi ~i~ ~ .
1~ ~ I ~ ~q ~t. '1'h a~un I~ i~ f~ ~ 1~a~er, ~clu~it~ ~f mod,
t ~ its pith ~ rl ~i~ii ~u~ ~n ~~f X11 14 ~~u Is ~ , .
1~ m fu~~ rl~y ~i~i i~ wiz;
t~ A~ I 't ~ ~ the ~xti~a I~ ter: i~ ~ ~ ~ iiv~
I~ 1t~t din ~ 1~t 1~ ~ ~ '~1~~ ~ .
~~IR W~'~'; t~ I ~ ~a~a r tip fps ~s~t _ 1 ~ ; Tlc dlr. ~ time ~k ~i~a ~ 1 t ~ t I~ ti
i~ i "t t~ ~ tln,~ t~ dull
~ tf~rt 11 wig ~ ~ ~ t at ~ ~ M
1 final - i 1 ~f ca k a~ ls~d to t~ .
~ 1 ~r ~d I ~ I~. ode ~ ~ that. Aid ~s a in .
~ ~i~th f~~ 1~t t>~e ~ ~ ~n~itian ~ ~ m t~ ~ ~ it •i .
~ ha~oti t i with t~ li ~m~d t~~ ~ .T~ ~n1~ ~n~raur ~ 1~,.i~ t ~I~ t 7 ~ ~ ~y 't tit i~ t~ .l
~ ~ a~. aua~ t>~uk ~ iti~ ~d a~ ham,
~ w~ ]€~d ~f ~ pan 1 i~ it ~ ~ ~ ~vit~ t~ i ~t~R .
I~ t h ~ ~t naia~a~d~r - ~ I~ tI u to ~ And miti~]l~
a 1 ~ ~ m t ~ ~ in I i w~ ~t re~11~ Mme ~ i~~~ gig ~ tray rid a~tf~ It t~ # t~ y~ a i~a b~caausc
~ 3 t~ tI~ t', in I-~~ 1 ~ ~t with the TJnia~ta L tit w~
1~ wig t~ir ~i~a fir ~it~ ~ I ~ ~ ~ teak ~ ~ ~
I thial~ ~ui~ a tom, ~ t~ try 1~ ~i~ tint , ~ c~ai~1~ the a~
1~ r~ ep,~ ~a11~r 11 I'nY nit 1~ ~ t~uk T~ ~ ~ : . i'~ ta~11y ~uitlY dcat~ ~ 1'~ utili, ~ lat o~ u ~ .
1~ ~ L~~EY~ his ~ ~ our 19 hits R~1 t ~ that i.~ ~t ~
~ ~ . It's ~ fit t~ the ~ a ~ ~iq~.
~ ~ $1l ~,f t psi ~ ~ ~I ~ ~ to t~ I i~' ~ d t 1 ~ ~amc t~~ ~ fpm as p~r,~p~t~. ~ t~ ti~ ~ t v~'~ t ~ t~ t
x.v: Rte, ~ ~1 arty. ~ ~d : ° .
~ tl~ ~ ~ ~ p~ up ~ I r with p A~ t da~ra ~1~ .f~
~ t~ ~ with !lCk} b} tad fu~t third wrd is ~ Aa~d ~ ~ f~1 t~ initial oon~
~ it u~. ~ ~ Witted tin iY ~
~ d aad ~ t~ r ~ ~ gad i$ ~t thaw with
~ w t~ ~loc~ t~ ~ lot ~ thG w~ ~ ~e t~ the 1~i Rfv~t' ~ . ~ it. Atid i~1y t ~tt~ ~beatwith ~ hti ~s.
T eir~ t1~ w~ d~ in ~ ~ ~ A ~ ~ t~hia~ I d .
8 And ~ I w~'C ~ ~aP'ef~11~ t~ ~ n~ki~a in this ~ i~ t the ~r~p~rty s
~ ~'t~tt~~~~ ~ °~dth~yd~it~it~re--~~~ ~ ~ v~ po~hiliti 1~ ~wa~ the a~ ~ t~ t~g1~ t~ a~ X11 ~ .
~ ~ I a]eo wept to in t~ ~ff'~ 1 ~ ham all wed u~ v~' wtu'}~d with them .
l~ mark ea~hin~ #~a# t ~ i~ y with our ~t~ 'ITS wou~ amt t1~
1 ~ .nom w~ tho won = I'm n~k auo~ Y ~ ~ will. i~ wp~l~'t l island ~ . .
. l~ iY ~ ~`it~ a1~k tb~ 14 that is . Tl t to oo~ tba~a~h one ~ . 1~ end n~ with ~,Y to try dQ t~ sau~ ~oniq~.
l ~ aaaa~ ~ ~ ~ And ~ ~ For m~ana~ I~ 't b~ .
~ ~ itc~ne tbedk we w~ t~ ~d to t1~ lh~k ~a ~ ~ 1t t tod,sy u~a tit -r
1 ~ f~rl~ eas;ly c u~ we ~sd elt ~t it 1$ b~ f~ ovr ~ifi~. I~ additi~, t~r~'s ~ . 1~ it 1~ ua~vr.~pod tisuk of hie that ~ mat nq~di~al doh .
~0 e ~ tie ~vioua ~d I'~ ~ aut ~ nth r, ~ Mme ~ our ~t ~"t ~ .
~1 ~t s~ wl it ~ in ~k I b tlslm ~1 it ~ tfac~' ~ r~ r av~ail~ble.
'I~e t ~f ~ tit ~ ptrt ~f u~at end ha~p~fully rd w~ t vw~ wee oi#a wig z~ rf ~r ~ wi11 all,~v l~r to build a ~A
~4 Th~q I i~eliove 1~ s~ ~ 4 foal o$~ with ~ ~ ~tt~ ~ heGVe tie . .
~e ~ ~ vary with oud nab air #~k ~iru ~ ~ fry the ~rh t~
~
1 ~ ~ a ~ 1 f~ili this pt+.
~ ~ric~,~ ~ I~1~a~ttowlth~•~ ~ l~~ ~ ~ p within ~ a~ ~i~ ~ aad ~ pith
~ bode there ~ o wi#h ~ ralial b~ is metal in 1~ it ~
~ ~f a it ~ t~tf a ~ ~ ~ ~~~~at fifer. And tb~a ~ you ~~di~ ~ np' the
~ ~i b end ~ ~y mil. e ~ ia~ to b~ y from t~ r~~ati.al~ ~ w~nit . 7 arc ~ ~ that in ~ upp~ad to ~ ~ ~ i~ ~ ahem t ~
~ ~ t ~ ~ $ l~f~t r gad . ~ tip p~vp~d o with ~ with thr
~ tea ~ ~~'C b~],~~ set~c ~ ~ . A~ ~ we w~a't tt tit,
1~ ~a vir~'~ ~ fu]1 faett~ t~ $ l~ ~ tip, wo~r~ f aid
~1 . Aid tom, i~ ~1~ the 1 !1 ~ t re~i ~ith~ t~ ] I ~ ~ 'v~ tip t t~quit t~ a~ ~ ~ i~ ur l~ amt w ~ t 1 on#.
1~ tie t1 fo~u items ~t w~ did
1~ A~ad ~ it g~a~ t~ a 14 submit fig tip, w~ ca ern ~t w~
1~ for a~1 t~ r~ tip yea, ~ 1 ~ ame ~+illiu~ ~ ~ th,~e f~11} to ~ uad ~iv~ i~ #ion, ~ve'v~ o ~ ~ o~ ~qt t~ 16 ue~ ~ t~ hbar~od,
~~o~t v~u ir~a fad ia~vidua~ tit 1F q,~~
i~ ~ ~ 1~ ~I wAT~i~; ~S? ~unu~
i~ ~"s Mimes o~f~ult ~ ~ i ~ 1i]ow y~ ~ ~ ~ pip' o ~ watt ~ ~k. : Aad I dry„ ,1~} ] ~ sn
~t people want $ I~~ vra~ a ~ 1 ~l~a. I then ~ premed ~
t iron ~ t} a v>~ gad oar p~plo ~ imti~l ~ e~ then ~ ~~lity .
wit to see it a~ e1L And t~ ~ with ~ ~3 ~a~iteet }~e9v ~ t~ bit ~4 rr~a the fir i~ t o sow ~iae th~k ~ we ~ out ~ wha dig ~ .
#h t we wit b~ t haw ~ std a~ the mot, `I~y lamed at
t~~
. ~i ~ ~ ~ ~ ~ l ~ w~ apt rya ~ t a~ t ~ .
~
~ up lit Aad I d't ~ ~ that the 4~ would ~ ino~ded as ~ S t vv~an't a , ~ tl~t~ ~ ~ ~ ~ over. but ~ t~s i~ w~a table t~ n
~ ~ I'li 1y ~ wiUigg lodr at it~ ~ w~'t ~a,d ~
F And ~ t'heut I I time. ~ ~dk, SN'YDER: cil, I+~ o~ ~
~ And i~ w~"t ~ mould ~ ~ the S ~rit~ tI~ tom. ~ w$ axe to ~
~ ~ y bo t~ ~ you, ~ o~1a~' it ~ m~ trioti urr1
11 NIA. I~uak tl~ ~ ~ ~ 1 I ]138t t o1~7f1~tao~. ~ did to
1~ be 1C of t~ flak t~i.~ ~ ~ a ~ 1~ ~ ~ ~ pia a f~ ~a off,
a-~ 'r~ r~otp~ait t~ put i~ ~ tlas i~ mot. ~k ~ y~. II 14 . I'm nenl 'u~ad ~ to why"~ P i~ ~ ~vith an apva~la~,
1 ~ ~ ~ It' a cod ~ a And it 1 ~ F~~':1~ # a~ym
1~ to me t]~ ~pp1'a p~ s idad 1~
1~ ~~riat, B~ it's tmt ~ u ~ p41~ 1"~ ~I ATE; ~ $ ~ ~ ~ X11 D. 1~ dsrif~i~ a wit ~ Ix ~qu+d t,~t In
t~ 1~ ems o~uur A,~ud~ ~m~ Ia i~ t~ [tio~s t1~
~ i~ ~t~ me~oued ~ ~ chic ~ Zvi
~1 ~ ~ ~ a~ ~ ft~n ~1 w~ld~~ t~ 01 ~i~triut fir ~ ~ _
~ tap ~ri~ a u~di~iats, ~ vie And ~ ~ : i~ that . wed tmi~ t~ ~ l~k maa1 told t v~ t tit r~dd out ~ tit
~t t1 ~ r, we fit, ~4 sere i ~t~ea t~ apples t~ re~i
~ to ~ t ~lmwtQ ~ But Iii ~ fir. dam ~
Pam p.
1 t A~ it t lam time t~ oo~ up w~ # i app~e~tl~r thine were data o~ t ~s ~ ti.o~s, tlyatia r that vie f~wa~to ~ t, 'r~ not
.ly 144 in t nth'
da tit, ~ ~ t~
4 Aid I ~ p ~'m 4 ,~au,L ~e~ pt~d ore
~ auk yet a~ eapIoeati~n ~wt~t we di.~ tit is ~ pilling ~ Aai t~aa I ti~~rc w~
~ the ~ tI~ c~- ~ l3ea t the ~rt~ u r ~'~u're added lei t~ .
$ ~rqi~ ~ y ~ tl~t w~t'a ~ ~ wi#h ~d n~ to ~ f~ a
~ P~ 1 ~ n tit I wot~ ~e t~ t2~r.
a~ t ~ It ~v~a progudad v~ 1~ 1 ~u~k ~k ~ ~t t~ 11 ~andntiao~ ~N~ ~a r I~~ a p~ t~ the neadhaod~ o~ t1~ ~ fot'~
1~ Frith ~ooditinn~ 1~ ~ .
1~ 1 : ~ It ~ l~lpfiil #n ~ 1~ ~asr~rm~ Fit i~ ~ fn~#
14 ~ ~a t~ t+~ I ]mom itu1~ 1~ ~ I~ it ~ ~1p~1} Y t~.nk, u~ to d ! 1~ $An+i; ''hie . ~'am
l~ . ion ~ue# ~~t cn~ ~ tI .
17 on a ~laiglrt ~ ~ 1~ is
I~ a o~la~ ~ia~t you 1~ ~ ooh t ~ - 1~ r:.And I tt~a panted autr as
~ ~ ~ee~ 'fau fir an , ~di1viduallya if #}e~k wa~ld ~ ~ca~ioial,
~1 y d#~iotr ~ i~ be ~ But 'd~~ ~ [ beli~re ~
~ talk nt for i ~ ara oe Y t has ~gp if
~ ~ , rs~: Yep T~ ~ f 23 uId ad+r t~ ~ Tb~ ~xt tit's y~ t~k wed ~ a~ ~ in yell, if I~~a {
~Striut~ne port ~ ~t it ~ t~ ~ t1Y~ > ~ , I'tt< bad _
. ~LANIN AID f ~ YI~i, iB ~ 1 ~ 0 ~ ~1- Fa~~
~-G F 1 ~ 1~ w~t'~ is j lit y~ ! ate. ter, T~ 1 f I tl ~a
~ ~ ~ ~ ~ r.. ~ fat ~
~ ~51E~sC~ ~1r ~~at I ~ ~a]]~ fr~na if ~i11 ~ tie ~re~
~ ~ ie ~ ~ ~ ~ ~y ~ ~ end ~ , I'll appm t.~ ~ y~ Ate .
~ ; ~'~L $ it diff~1t a~ ~
~ ~ And ~ t~ t1~ I fad it ~11~ , 1~~ , sir: A I 't w~ fat ~ 1~ ~i~s ~ std ~ ~ ~1~ t~
11 ~+rnmd io ~ ~ 11 d t~ ti~a ~ t~ ~md ~d 1~e
1 ~ ~ t ~ cur i~ ftr~o~ ~1~ f li~ ~ ~ ~
1~ da ~ ~ ~ ' '~r far t~ ~t~ in 1~ ~t # I ~etti~ ~t
t~ ~ ~ roquar~s. A~ it ~ ~m t thr~ i~ ~ d lar~r t 1~~ . .
1~ a qty ~,o t~ t 1~ wee ~ thou
18 ~vit~ ~ grad ~ avr ~r 1~ ~f t~ per. 1~ it's ~ ~ 1 pad tit v nit d~vr1 I~ ~
~ ~ ~ ~I - t~'a ~ X11 r ~ lard
~ ~¢ea t~k ~ ~ t~ t~ be r~~ all ~ ~ t~ t ~ ~i~d thaw .
~4 lift p~ap~xty, A taialy w~fi~ ~ ~ 1~ iII~i; I d~'t Ali ~
1 k~ ~t w~ 1 ].i1a~ i~'~ t~ q 1 ~ I jrr~t i~ mfr taut its I was
~ ~ ~ ~ ~ rind if idly hi t~~~~:
3 r ~ ~P ~ tai ~ . ~ ~f~ ~a tit ~a ~ T~ r t~n~ t~at'~ 1 is
~ , ter; ~n1c very . 5 tr T ~
~ ~l8x I ~ ~ C~~(]~R KINCr. I'm f~mili~ fit, . . r
~ a~ ~ p are ~ fir ~ t~ ~ I u ~ 1i its ~ Rif. ~ ~ ~f p l f~ ~ ~ ~Ona t~ ~ E ~AiI~T: T ~ 1hG~~ h~ .
1~ ~t fir; 1~ ~,a fit} I i~ve. Ifm ~t
i~ ~ ~ I'm t ~ Imo. ; Aid ~ ~s~t~n
14 ~~d i.~a ~~~a 14 reei,~ate ~ ~u~ tal~d # tically ~it~ ~
t~ i e~ ~ ~ttya end ~rit~ try ~c ~ ~ ~ tl~t
~ ~ b~uadar~~ id's t ~ ~ filet, t~ t w~Id t~ q ~ `Y ~ ~ a 171 ~ $r~a tom. That ~ m ~
i 8 ~ ,ter: And it tt~ dv~a ~ ~ ~i~, ~f ~ am~l~
; may. t ~ r reside 1~~ t~tm. .
~ ; A~, l1ya I bave ~a ~ x: fit. .
~1 t if y d ~ I~dc e~ it. ~1 l~IdE~ I~Sr~N; Thy yam, Ir, . 3 wee try t~ ~
I cap ~ - ~ ~ ~`t t~]1 tl~ i~ t~ ~4 ~ r~ t v~ ~a ~ feet that t~ . ~ .
t t~ pad i~ ~ ~ ~ ~d ~nditi It : ~ ~ ;
. .
#r ~
~ P ~1 1 t seems 1~ ~'re - it's a ~ 1 : I~1~ tit"~ apt i~
~ ~ ~ I I'~ ~ little ~ A~ u ~ayin~ t
~ , sr~: I~T~ ~ that ~v~ald t'~ what + n ~ ov~erl~y tri
. ~ ~~u d ma~ ~ ~ tit an ~ Pict eon a. n
~ ~ : a~y~ ~ eve It ~ y ~ a .
~ ~ ~ if he's B ~ ~ all ~ tip ~
~ ~ ~ ~dll ~ua~ air ~i. t y~uatm ~ t~ eouad - it
~ ~1FAGr: At pI~ ~ r~qa~ that u ~ s P~ P~~ ~ I~ t ~ r~ an ~ ~
i l ~ st+~t; ~ tic metre ~ati,o~ bar t ~ It eou~ re~e that be
1~ ~ t~ ~ 1~ e,~elw~, ~t requite that er$ ~ tin
1~ you it ~ ~iv~ And ~ 1~ t~rpimlly tl It eaa~ld ~ rebut t ~a~ly . ~ ~ r~,r i~ tf'~041C Y~ that a~ R~-~. ~o if tbat'~ 1~ oetta~a ~
~a11 ~ req ~n~ ~f
1~ ~}~at tyre fors y~ c a~ oa t taxi a~tio~1 ~d b~yoad ~
1 ~ gAdC~T~N~ fir. [ I ~ std t~ ~ within t~
1'~ t1~t' ~ v i could l~ ~ t i~ to find mkt what re~latiau} h~w~v~r, ik 't rr.Isu tie . 1~ ~ naw aim fir ~t1 flay or t ~!C 1$ neon ~ C'$ a~ there,
~ s~,L oul~ } ~1~tif~r' I fur ~ if I ~ it cnaeetl~, v~aul~ l~ #hat
~1 I ~ f ~~r ~ ~ ~1 t~C ltd W0~'lId aS ~ il~t t~ t
~lasaifi~tir~, And the ~eea ~4 ~ that yautru ®eking ~r~
rules and r~ule~ir~ in t~aa, Aud you : ~ee~ ~r:
e~'t delri~e frcnn th~o. You eua"t add edditi~aal 1 ~ ~f e~tia~ - ~ ~ ~a~ t~ i#. but a ~ 3~.'~.~} ~ hava a ~uestie~ ah~# t~ tip this l~k
~ ~ of sped pure ~ ~tri~. A~ ~ see, old ~u plan t~ mesa t
~ tlr~t ~ ~a11y amt the ply t~1 ~ have i~ ~ ~ 1a$t ~ m ~i~.
~ ~ r ~ maser ~ ~ ~ ~ . mow: aialy. ~ v ~y ~
~ to o~ t~ add ~Ciel e~atditi~ ~ ~ f~ ~ ~t lived a tie tlaxt era ~ ~ 1~ t~t'~ ~ ura p~p~E ~d the tit
~ ~.~r; thy. 6 qtly. dad w+e el~rya to nay t ~ ~
~ ~ y ~ p~ ~ ~ ~ as~d if we could a a vu~r~rE.
i~ ~ditiams ~ • dart ~'m o ~a t 1~ iro,n fe~oe f~ t~ t~ 11 b~ ~ ~ rlay. but thatT~ ~ 11 ~ . I 1 thak I'm aunt
i~ applied fir. tau a~p1i~ fur a atzai 1 1 ~ taller ahaut t1r$t ~t ant, t do m by
l~ ~ dart h~. Fad is ~ l~ re1~e ~ ~
1~ spill f l~ is , p~ uat there ~ l~ ~ F~~ o~l~el~r r ~vit~ l~ there i~ ~ ~ try r~k ~lo~ the
~ ~ irk ~ w~ ~ ~y di~let ~ I taml ~ 1~ ea~tire the ham t~ ~r 1~ ~t oo~
1~ ~ 1~ prey tial. ~ aerne try the
1~ d1I ~ATf~: fl'he the y~ t~ t}~t line atr .~by ~ Afld ~ fir 1t1 1~ d for, f~.in~~a mould a mobile 1~ putties iu ~ t~ ~p~y ~
ur trai~r ~alea. ~ bd.ic t~t'~ t up o~ ~ if ~ prey Iii really,
~1 sc~a. ~1 ~i~in the fiat 1~ fit t
, l FY: 'lit Watr1~ ~ ~ trees i~ t thank ~e to w Frith t~ ~t~ . cla ~v ~ ~ ~ ~p~l ~ pit tb~k few is a~ is.
~~P~I~R WAiS: RY . And ~f ~ to ~
you 't wank t~ d e~l~ tom. G'i to pant a is t~ ~ lid a 3~
~A~iI~II A NII~T ~i~I~i~ ~]~B 1 $ F~ - ~
P ~ 1 ~ 1 tt~ i~ ~ ~ ~ low ~ ~ this ~i~ra~, .
~ quc~. ~'h,a ~ yap r~1 ~ ~ ~ lulu.
Ply ~ ~ ~ ~v~a . ~ ; 'he're ~ ~ ~ r~tf~ tt~ ~ C1i1~aa1 b+~f, fat ~
~ I~i~ ~ Tit y~u'r~ t t~ ~ fir the r t~ the r~~p#j,~ll ~
$ ~ ~ ~ ~ del z ~ ~ a play .
~ ~t : Aalu~ly ~ n~~y, ~ we yr ~ ~ tn~e~,, ' ~ , l~ E,>t; 'I~ n'~ ~laa~ m a 1~ X11 ~ t ~I ii~d ~ thank ray's
11 tt~. 'I'hi~ ~ junk ~ ~aau'~ ~ 11 dd ~ .
~ ~ l~~e to ~it~ ~ ~ b+aa~ this ~ ~ ~ ~ ~ ~r i$ s'
13 with ~ ~ A~'1, ~ ~ ~ ~ P¢"t a 13 t~ h air that's ~~r ~ t l~ itiu~ i~ requires ~ t~ ~ 1~ m t~ if i~~
1~ ~dj d ~ t ~ e ~ 1~ a~uo~m~ eda~ ~ t~
1'~ ~ ~4II~T: ~ ~ ~ ~AA~E; ~ ,
I~ C~ NHS; Tlr~ try ~i1b oa the I ~ . SA~1, Aay r que~ti 1~ laud t It' ~ nit ~ ~ P~ 1~ ~~NB,~t ~ I~ ~u
~ ~0 turd it up.
~ PAP 1"~e ~ eur w~; t$y,
~t ~ ~ , I mod ~ 1~ ~4 ~ h~ilit~ t uw~aa~ ~~a t ~ fe'4v ~ tl~e u
. r~ : # e~ gem ~ par~i~hed t~ end y~au 1 t .
~ 1 If doe~a't tad ~ ~ ° fly u~4' 1 wuul~ be v~illin~ ~ lug a ~ tt~ i~d I tam y~au ' .
~ that i~ you ~ the cau~r~ i.a t ~ ~ tt
~ ~t k'~ i~tn ~ ~t~ Ali cud ~ ~d wig ~
~ ~ t~ ' ~i~} has ~ iu t~k ~ - ~ tt~. d it d~'~ m ],i]re ~ the mint
~ it~Gq~ i~ ~ ~ ~t # ~1~ ~ ttt~at uc way 1xa~fi~iaL
~ yon m tli ~ may.
$ ~ ~ I tt i hie ~ ~ rem bei.~ ~ ~ w~u~ ~ ep the its ~f I~at~ t~ ~ ~ugr ~ ~ withia ~ what
l~ i~ be t~ 1~ t~ I 1~ y ~ ~ uur iu#ersta~e ~ r
11 umde~,~ tl~ ~k but I d~a't C~iak that ~ 11 aarrid~,, t' ~ f~
1.~ req~nrt ~ if y~u'~d ale tam i~ a y ~ I i~a lad tit 1~ ~~witty~~at 1~ ~'t~ttoin ~f~t
ate. t ~l~r 't the t~e~t 14 r wc'~ g t~ -a ~ritl~ a~in~
13 ~o~ m $ ~ ia~ a ~f 1~ io tip eat
1G liit~ ~ ~ ~ 1~ t it wee, w~ fay ~ ~p1~~d in our
t~ ~ ~ i~ that trying 1'~ ~Yers~li~s, Ia tb~ 1~ ~ helg t ~t ~m% mot, I~ ~'h~t'a aoa art
rte. fir, .
I~ien~ ~ teak the it}~ $t~' reams - with ttrcae `
~t ~ ~o~ald I arc ~ the ~ f~rt~ 'I~k'$
gl~kieaz the ~y ~ I tl I au~ ~ ~ req ~ ~
~ ~ e~,a~ the ~ ~ the ~ 5., t rhea ~ r
1TI~Tr A ~I~~~ ATE ~ ~ ~ ~ ~ _ P ~ .
~ 1 + ~t~~ ~d it load Li2~ ~ thu~a in ~ 1 T.1p~a t eppa~vel ~ r~a~ ~f i~
~ vas a#~ amd - uee~ tb~ ~ve~~t ~ ~ Rimer tl~ ~vbrr of tl~ Y} Ell€ Rimer
~ tea 1 fer , a rat yvu could ~ Invade m~~ ~la,oe ~ ~iad ~iv~ ~rce
_ 4 bum ~ $ 4,0 ~ f And ~'s junk ~ very 4 ~ terms aid a her r~ in~d l~iv~r : , ~ h~ ~t ~ ~ a m,oe ma~f~r plan ~ F~ Elk Riv~r~
~ ~ t~ man. ~ ~ a~rn ~ iea.~s t ~vh~ v n,ad fir ~~a~ the
~ i~ ~ ° ~ ~na~oritY of it i~ ~ ~ ~ ~ b~ fpm ~ far P~ 1~,, ~ .
~ t~~~ ~rruput yaaurt inter ~ fir ~,ut ~ A~ a1~ the~'~ ~ f~li tl~wc ~y ~ #~]1er ~i aat I-~~ ri~r, 1~ y z s l~ f Imp, if t~ h +~11~ ~
I I that tl~t v~ o~ t~ o ~ ~ ~ ~ ~ pay.
i ~ ~ . ~ 1 ~ ~t tf I ~k tl~t yvu t~ mta
I~ : ~r~ ~c yc~. 1~ oa,~an the ~r disap~ra~v~l of p~agort~. 14 ~ ~A~ I },1 1~ ~~P~R W~iT~II ~ r
1~ is impart: Job H and Steve I11 i~ [+r: ~vu. .
1 ~ Job ~a a bra if you vet ~ 1~ ~ W,~~ ~ ~ '
1'~ . ~te'~, if yvu~~ as ~dc. 1'~ , [~+ICNBI[~: 'Tl~ b+lr- ~airmaa} and .
18 > tom: III, I'~n kph Hip 1$ ~m~ ~ ~ I~ I'm a row ~ ink pier, is ~~Q$ a~►o~ 1~ ~dy nano i~ IieaA. I ~iv~o ~ ~3 ~
~D L ~v brat in ~iriin' Tom, ~ a~ ; I~u
~i ie Qa tI~ ~o~th tl~ ~ ~1 ~ hers ~ t~ pd'"~"~y! eithh a1~~~ .
~ tf ttY i~pad b~ have tmdeveld l~md t is a~a~dt in tt'~ 2~ amt ~t of ~ ~v~~u~t to .
~A I'na here ~ ~ su~i pip ti's ~tu~11y ~ b~hmd Cite
ot~ r~ ir~d l~r Fit ~ ~al~aa Lam. Vi pp r an the ead they ~ ~ut~.
7~ ~ P
l ~ ~ a 1 ~t$ ~ 1 ~ re®dential ne~~or t~ w
~ a~ ~ ~ I will off. I u1~d 1~ ~ ~ ~ ~ i~ ~t i.s ai~~
~ ~d ~1 ~ tln~ ~ y~~ ~ art~d the wary it ~ r~ht nay. Aid flue t
~r Qiv~ nt to the Ied~r ~ ~ ~ deu~l is t1~ wit w~u~ gar I$nd ~ t~ ,
~ t ~ t1~ Vie. ' lI it ask, ~ ~ ~ it up a~ a1~ ma~~ iI ~ v~luahlde tux
~ s~au~ ~ ~ t ~~-t ~ the ~it~ ~ Aa it i~ flog} it ~ ~ fait
~ ~v~ ~ d~.~t,~a . EIm Riva o~ 9 ~u ~w~ fir. Fey heea
I ~ i~ chi ~it1 t~ ~ inelail ~ low ~0 ~yfhi~ oa i~ ~ t~c~ ~ a~ ~ far . ~ ~ tr~i1 r h tie 1 ~ ~ ~
1 ~ ~ pad lndit~ t~ ~ the ~ a~ma its it' ~ .
l ~ is ~ h the Feder ca~ea~ ~ ~ ~ lid rat ~t ~ .
i# ~ d,~ with ~ ~ 1 ~ ~ vu~ to eta 3~ eu~ ~ v~ 1 ~ re~dential to t"~ 'C ~ ~ ~ i~ ~ita~ility far
1 ~ e~ t~ sow Find l~i~r d 1 ~ its iq~ 1~ r~i.®1 use it$ ~~ility .
i~ ~aadna~ bail re~~ of feet, ! ~ f~ t~pk i~ ~t iir~ ~ it nom.
1~ T~ of t1~ ~uhjeet p~p~i~} I $ ~n n +~ith the plan tba~ IIk ~i~r
1~ Ri~cr F its ~ nit ~ l~ I t tb~t t C] ~L~ $ ~ ~ p ar m~ i~ ~a11at. ft~1~t ptiv~ ~u , ~'re v+i i~ ~a . .
axial ~ ~ a ~ a ~~-faat I a to v
bufF~ ttit~ ~ o~ find ~ ~3 f ~ i~ ~n't u ~ ~~k [Tpva tha rvv~ of ~ ~i~ ~4 i~tens~ cu~~ tip ~ have in t~
River F~tatea I camdtinu~e~ T~nIC ynu L~#{a ~ plr t>u~ titi~ ~ is new, ~ .
~~1
~
~ 1 I ~m rr~ so ~ 1 h p1e app~~d the ~ .
~ , ~ ~ ~ ~ ~ they ~ ~f ~~p 'I~ 1a~ .
~ it grimly, ~ ~wa~ ~ # ~ 1, Thy
~ 5~~'anyb~d~~I~e ~ ~a~I,wh~~
~ h~a~y to r tom, ~ with $ ~Gdd ~r wh~h I ~ ~~AT ~o ~ th~k in t~ ~ f ~lnd $ dal ro~t~ who .
~ p~p~tY ~ ~ t1~ rte ~ ~m tai
. ~ n~cr Yom, ~k' ~ a~ou~ 3~~ ~ ~ f ~ i~ pad hie ~ for s ~ f~ ~ ~r,n and ~ a 1it~ oar a 1~ wow ~ ~f t p~opl~ have ~t~in~ ~dn
tau as o~ It'e ~ ~ t 11 iZ~~ ~ u~uld f~ ~
~ ~ r~ 7 I , ~ i$ ~ fem. ~ I~ Iay o~ p ~rha + ~ this
13 iti~ ~ ~ ~rr~w ~ t ~3 tad becau~ r awe
i~ ~a~rw~'~ Amy i~~ 1~ 1~.
1~ All ri, I ~ m I7 t~ vve~t $ prat iron f f~ ~tl~
18 ~1 Ind wilf Ike first R 1 ~ ~ t cap X11 vim it; I'rn X11 f~ tit, . 1~ ~R~NS~CL• ~d~ ~ ~iic~l s~ 1~ It'$ a ~a1c f~nr I
~ b~ it'$ ply
~ I ~~3~ alia ~ in lnt~, ~0 ~ ~ I ~ t~ an ~-fa~k f ~ ~1~
~1 I'vo ~ i~ a l~k ~ tnil~ k ~1~k saw ~ it.
~ ~ ~ t' ~ to whal' ~~al~ ~ Ther~i ~ ~t ~ ~ ~ to h .
~a ~uil# in ~ h~'~r ~i11 ~1d apt a tree ~ ~ fe~C. I ~ t~ `i~ial d~ ~1~, ~ waald ~t t~ fy as t
ateas a~ ~ fly w~t~~ to he by ffii~ t old ~ a 1~ ~ I~ i And th~'~ ~
1 I~i~r. t'$ apt ~ain~ ~.y r~l~ ~ t lifnit ~ ~ t~ ~e ~ tax.
~ ~ ~ to t~i~ P~~ ~ 2 k~w, a 1~~faa+~ Thy ~i~ ~ Thy ors h~v~ 1e ~ ~ thea~.'~ ~ o~ ~itbuti 1 f b~ t'~
4 ~ de°~1opa~t mould oar or ~imita that ~ ~ tellies w~a t~ #3~t 1-f~t hui1 ~ ~
~ t c~ 1}u the"~ lid ~ 5 ~ It one a~ ~ 1~ f f
~ ~ lip l~nn~ t First aad ~ 11~ I'~ pr~p+ert~ d~,d
~ ~insa A ~f 1~u aa~ tom. p~ i~ t~ ~ iO natil they o~ up $ plum ~ 1 ~i~ of pra~ty 1~ in B~ t ~lr ~ ~ b~ ply na ~f the
~ lid I-~~ ~ sad h t~'~ k for ~ hog tl w ~ linrited ~ tl'~ i~n.g,
1~ , tit ~n t~ numb ~ m ~ 1~ Tl~ p~l~ a ~ as ~ n
~ 1 ~rm_ ~ 1~uain ~ t ~ oamp~ha with i 1 ~ be mgt ~g~ hoc, ~ jest l~ ~ loo, S~ hie heo~1 t~ n higher ~ ~taia gar ~ ~'~Ihnod I vr~t
I3 ~ h aid ~ to ] ~ ~ feel fhb with tl~e de~r~I t~i~ land. ~4~d
14 the lid n~ t~ Tl~ 1rdat '~ai~ 1~ I doa't ~ ~ rtt1~ 1~ big mold,
i~ i~ ~t gad alreed}~ f~ t~ 1~ cart ~ l~ 1~~ ~a~ , ~md ~ 1~ wally bead ~a'1]~ B} ~ i~ f~pt whola mom ~ ~ w
1~ b~ 1~ sad ~1 i~ Y 1~ dae~f t $ I~~t~r d ~ off of
18 von 1~ ~1 $l l Jiro ~~trt i~ ~ said it's
1~ I flask i~ ~ t~ 1~ m~ } ~ taet Tom.'. ~ t~k -
'tl~°~ ~anl~ hS~~ad~r t 'I~e~~ .y ~tf $ ~y ~ t ~ ~ 1, t ~ ~ ~ ~ ~1 ~3[~NE~ WA'I~i~; ~C ~I]„ ~Y
~ q~raal Afld by ~ t~ l~a,~ ~ F~ad~u~h, And ~ ~v~~ will he ~ , pig.
3 o~n t~ ~ cur ~ a~ ~y is ~ Palo,
4 such ~ onr ar R~ ~ to into ~4 'I tcu, 'T
I womb ii~e t~ ~ y~ X11 ~ Al ~~III~T~ 1~ ~ ~k P $1- ~ ,
~~cIt I ~ .
~ Pte. ~ ~ ~ .
~ is ~i F t1~t h~ppf ~ ~ ~ ~ t1r Ian w if ~ it X11 t~ d~ agar
~ ~ ~ I~1C~ 1C~~ ~Ya ~ ~ ~`V~ ~'C of jet
~ N~ I ~ to r t1~ If ~in~ ~ ~ 4
~ gill a 1 ~ tl~t I ~ ~ ~ ~ i~ wili. ~i' 1•n~r, ivy a l all
. ~ fii~1~► ~ I w'e~t awl t ~ per tom. t aI ~ .
I ~ p~ quad t~vQa ~f t ~ I=~ 1~ dt~~t wit p~ ~~r~ ~ ~ ~~la I ~ , t ~ w~ t~y'r~ te1 t tit ] i I tic Mme ~t ~w]ad Fri
~r ~a ~ ,
1~ ~1~ wo~Id t~ Mme t l~ ~av~ ~n y ~1 ~
1~ ~ Elk ~ w>m n~ ~ t>u~ ~
I~ spa~~~'~~1~sa~ ~ad~nttin 1~u~
l~ and ~ ~ pit ~ c~tir ~ t 1~ ~f all ~ gad eat if dad iI a1l ~ d~ 1~ pmt rald 1 a~'~idi,a'tR I think 1 ~ min' w~u't herv~ ~ ~ that
1 ~ I ~ ~ tie pig ] ~ and ~~d ~ iva~~ Tic y+~,
1~ I ~ tl~t ~a in tom. > I s~ much
~i ~t1~m I,~t ~ ~ P~~ i~ Itmt'I ~1 .
I t ~Y ~ ~ EvAN~; Evaa~ Nate 7.
~ that'$ a t~ 1in,esa tip t1. T fur t~ abuts rigkt u~ t>~ prep d~v~el~p~aan~
~ ~ ~4 If I c~a~uld d~ I ~vaa t~ s>~w I t ~ sat of two m~ndt~~ ~ ara~ ~ ~ was t - ~h~ it .
~ 1 m t~ ~ ~ t ~ 1 t tlmit~ u~~rl~r- ~ a ham i~ r~ti~r~d .
~ ~im~ I t~aa, of ta~i~a ]ire t>~ ~ ~a ~ I-f~t ~arri~t' t ash f ~ .
~ i~ t~ 1~, f k aat 1~ wit t ~ ~ri~ ~ n~rt~ atul # ~ I~rri~,
~ I vent ~ thr~ ~ ~ to tit
~ wbea t mad h~f~r~a ~ ~dy bra gat f ~ I a t~ a~ 1~'Ge fit in tom,
. ~ shy it f~ ~ ~~a Aad ~ I a~ mee~ue~ that. 'T~ qty ~ a
~ t1~r r~ w~ ~ it ~ t9 ~ $ ~4~~t ~a foam m~ ~'~p~t~r ink t Tr
~ rei~fli to a~ a ate p1a~. ~ 1ea~in~ # •~f~t bar. TJ~ 1~ Aud I ~r if't aim tit j~ t1~. That + be ~ tra~r ue~ t
I 1 ~a ~ E~ ~ 3~.1 ~ ~f t~ i 1 tree m tt~ ~D~~t b~arier. ~it~r i #~PC
1~ I it s~if•~11~ # ~ ~ is 1~ as a ~ ~a ~ p lsna$. ~ ~ t
I~ t1~ f~ pt ~ r~ ~ past ~atl f~dnMe ] 3 in t 1~ iitaa~ of a t~ 'a ~ 'I9 t a~~~ 1~ ~ tit ~v~l~
1~ ~ ~ $ 1~ ~ pry far ' Ott ~ tit Wi1~ut adds t~
1~ t ~Lt ~ dc~~ ~d anaa~u~d ~ ~t then tbeot ~ l~ 1 f ~'m F~ ~S f
1~ u~ ~ 1 ~d ~u~i~ ~ a~ w u~ tt~ It`s ~y t~k t~ y~ 1~ sprite ~ i~ b~ ~ifl"icu1~ d~ ~wa~ v~h And
~a I asked that 1i~ ~ l~r ~ t aes~ue~ ~ ~ p~iva~ a~ ~ ~ ~ that
~1 t1~ »ae~d to ~ ~I 1 n~ ~1~ ~ tl~t, 1~~ w~ it
~ ~ ~ d~tl~C ~ t I wt p it ~ writi~a ter ~'t ~ in
~ ~ ~ ~ t ~t tau 1 'I~ hee barn t~
~ ' fur ~ tit. Thy ~ t~ early 1~ brave
~ 1~~ feed k ~"re # t ~ ~ ~ eha ~ ~ e~~ the
~ ~~it~,d rrding is that ~ui~l nit
~ ~ie~ t ~n # ~t ~f ~t ° t'~ ~ h~ rem ~t it ~a~l~ ~ u in eat t~ . ~ as of ~ ~ tits t~ aa1 '~r fir ~'thc i .
~ rte, Aid the red ~ it ~ - t~ the ~ ~
~ end t per, ~ put i I~ t~ S ~a1~~ is ~#'El~ Rimer d~aea tit _
~ lit ~ 11v~t~~~~~f . I't r~l.l~r 1 w~ ~ 1~ is a~ d ~a e~tt p to ate ~ .
1~ tl~ t~k , ~ and I ~m ~,p I 1 party. '~i~ ~ 1 me~ti ~ ~ ~ ~
1~ ~s'~ 1~ t~ ~c Rimer m~ tea aa~ce.
i~ Maur 1~ ~ p~rmik wit~an ~ ~-i .
it , you. 1 ~ ~uid~i~e~ mill gat ~ its ~ 1~ J~a~. 1~ u~ ~ $~C Rfyar ~ ~P' t ~ .
i'~ ~i~d.e et ash t~ ehaii ~ t~ ~ ~ T~ 1~ of the
` ~ d~ ~aa~ 1~ trees v~u~ t the pry values tt ~csi~~ 4~t~ars a~t~ ~ 1~ ~vhi~h ~ tuna its t~ 1t~d'~
Aiati~q, pa~a~t~r
wef ~ ~I et~~r,
k with ~ ~ ~ ~ ~ e fecl ~u requests ~ r~ ~ ~1 ~i11 X11
~ih ~ rree~ t ®d t~ Z~ ~ l~iv~r t~ m¢~i~i~ t~ir iat, ~ r . met to ~ ~ wliag d1~p of fls t4~ ~y,~t to
~ ~ ~ d ~ ~i~n~, ~wqe uce~ to fl ~
~
1 ~~t~C dad $l~o t 1 n~ ~ do .
~ ~ ~ ~ ~ ~r ~ ia~u i~ ~ .
~ e~ ~bave ~ Rt~era' t~ ~ If t~ ~ p~k rea~,in sa
~ 1i~, 1 ~e d r . I ~'t ~ the arG t ~ f~ t~ t..
~ if mode a t ~ r~der~ ~a ~ by Eli diver ~ tae s~ a~ ths~ ~ ~ ~ ~ $ b~vo ~ ~ui1t-iu. ~u~a fr~ t~ ~+pi~1 uuti~,
~ ~ t~ 'reps ~ tier iti~ ~ ~
11 pow tb~ t~ ~ ~ o~. i1 ithn 1~ ~ ~a.1 end ~ ~ r ~ N~ 1, ~ 1~ a.~clu~c ~ v~i~ ~ t Frith y
~t tv iacln~e t~ ~#i~ m ~d ~ 1~ ~ u~ ~ ~ -1~ .
i~ t~~id~~n. Tba~
i~ ~ ~ ° ~ p treed t~ 15 [ssr Tlrs~ emu,
1 ~ tb~ I~mred a ~ ~ ~ 1~ I 1'~ ''1'hi~ ie fir. >rv~ ' ~ t~ .
a~ ~ 1~ SAT C, 1~ ~n ~ to ~ Na. ~d +~v~t 1 ~ Chi'; i ~'t to .
t~ iuc~ tic ~ in the red t t 1~ tau dau't ~
fait of t~ ~ t~ boa t~ ~ All r~ht y~ ere i~ aFpau~ ~1 'far ~ that mss it. ~1
'Y'~ neon sad ~ 1~ ~ th~t~s ~ ~~I~9,~~ All ~ s~
~t~ the ~ ~i~r ~
m there bye a ~ eauld a it u#t ar ~4 , ara~r~An~r~~; ~
fl~vda ~ ~ ~~t-ell~
l ~ I Iiv~ ~ 1 std a~€ if ~ ~ rt~1?
~ I"~ ~ m~m~,r ~1~ F, ~ ter: '1'~ak ~ I111 ~
~ I~w~ ~ ~ ~ ~ ~ aad e~oe fir ~n ~ tbat ~v~ and ~ ii fry a ~ifFt ~ t~'~
~ ` ~ T~ ~n tit ~t ~t all .
~ aad 1~ . A~ tm ~ a ~a~ar ~ laxpin~ ~ a Thy f~k ~ matte 1~ ~ ~ ~ ~ ~ 1~ i~ #1~ ~l~n t~ RJR-1~ I .
1~ 1~ith ~r ~1 C~ ~ I b~e~ 1 p~ i~ tit- ~ a mar ~ I~ ~ .
1~ ~ t~ ~ ~ , Th~y'w~ ~imii~ fat 1J fi~ ~ a t~C ~ ~ $
14 1~~ ~ 13 ~ d 1 ~ r~l~ ],~a~ at RCS ~ ~
1~ t rear in N`$ ~ 1~d,c ai $1~,~'er 1~ ~ aad rt ~ ~ ~ tit . ,
i ~ ~ t]~k Cdr. ~ ~n ~i
1~ Aad 1k is ~ ~hh ~ I ~ ~ i~ ~ ~it~, ~1y cur I-3 ~ eat, Ells Rim ~ ~ 1 ~ Thy ~ ~ 1 ~d as a nii~ I~ ~ i~ li~
w w~'~ i~ a ~ i#. ~ #~n. 5
w~a~ is pad i~ ~al~ d f~ is fact, ta~S,~ eel ~ F~ ~ 1~ I ~ ~ .
m~ + x ~e ~vr~ ua in loin t~da~ fc~ t~ ~idaat~ tit tiva t I'm ~t
~ t.~ that i~ t~ t~a~~$ ~mderdrn ~
~ 1 d if ~ 1 ELrt I wst ~ m~ ~mre t~ r~
. ~ ~ ~ ~ $ ~ ~ ~ 'I~k yap ~ ~ is a fat n ~ ~1.
~ ~ ~~x: Th~C ~ ~ di=e t~ iflin~ taut t~
~ ~P~i'PT& ~ t ~ ~ of it,' I~ as .
~ d~uk ~ ~ ~ ~ 7 a rid r is ale.
~ tit ~ a~~~nu~at~~~~~
1~ ~ f~' ~aait~, I mm ~ 1~ pea~le we"v~ tad ~ ~~ut ~u~r
1 i vim, "tc n a ~ ~ 1 ~ pmavi - ~ in, 1 fact - ~ve~ a
1~ a~ a~ I t~ ~ ~r ~ X11 ~va1 1~ ~ f~ P~~ t~ ~
I ~ F~ 1~ ~ ~ ~ fir t~ ~ . 1~ T, aria: Its ~.A. Iw+l~r v nta~ 14 a ~'~P ~ f
i~ jua~ rya ~ ~pp~ 1~ t #h~ ~ ~i
t ~ but ~Y it~f~ 1~ T~ rcni ~ k ~a ~d pr~i~.~
~ ~ in ~anit~ ~ 1~ lam ~i~ , fit' , ta~a de~l1.~ a~
uit ~ b~ ~s River i~v#~. At 1~d f~ t~ its ~ ~ ~~er~ft
t~ ~ ~ i~ ~rriti~. PIS ~ 7 ~ ~ p ~,ue~ ~ eta gl~ ~ ~ 1~~ 7'~dld~~ I w~at is
4 pit boa #~r m ~i~ wi~i~
~ nth t~ I"~ a t~ ~ablic H # t~ ~i. T!~ i~ ~ C inter end
NIT ~ &I~H~
. ~r .
~g~ ~
~ ~o~ tit ~ ~ ~ is. 1 ~ ilk
~aa u~ ~ TIC ~ ° ice, T7~'a ~ t>~ this ~ ~ $mrt~i~r
~ Thy ~ f~ cur ~ l ~ is ~a . ~ P~ ~ e l~f wa~1 ~iad ell ~f t~ ~ fog ~n I-~~ ~pert~. ~ ~ ~
~ ~ "Idea t ~ ~ ~ tll ~v~al~p ~d fmm t~ir gr~r gad . .
~ ~ ~ of wiry me~y ~ ~ ~ [e~ov~ ~ ~ ~ ~ ~d.
~ p~pe~t~. Unfat~1~~ tl~ H ~ ~d p~ ~ And ~ ~all~ f~l life ~ ~ $ lit ~f 9 heir d ~a tl~ propett~ ~ ~ ex~ ~epa ~ ~ ~ ~~1
1~Y 1~ l ~~re #~m fi ~ti~ I•~t tsar .
11 bade ~ t~ ~ rt'ia. ~ ~ ~
i~ ~ ~ldd ~ i~ ~ ~ p ~ ~ zti~n, v~ did ~ oar ~p . 1~ ~ i~ ~r } and males h l ~ 1~ ~n ~ ~ ~ it 1 tI~ ~ , .
l~ bet~r, ~ ~ ~ r~l ~ 1 a It tl~ w~ w~
~ ~ ~ ~ 1.~ k sic I~t ~ t~ per.
1~ itta tm,u~ble ep~t fer ~lti~ ~ " w~l s~1 ~t~ try ~ ewe
1i~ as ~ ah~ar~t ~ ~ ~ 1~ will ~ ~ ether
reet~ti t"~ ~ tiv~ ~f t~hi~r ~ z1 t~ ~r ~ And ~ ~n"t a t~iat t~ be
~ the ~rap~rty fir ~'it 1 ~ ~ d~ ~ thy, ~ . ~~~-fist hum ~ ~ .
~4 - tie the rear ~ t obi will ~ p~ ~ , * i~ $ I t~i~ Iu~a it u~a t"$
~ ~ be a ~ ~ It's ~ to 1
~ at t~ ~ ~ fit ~d ~ ~ f ~a ~ ~
~ rely ~ P~ ~ ~ t tl~ ~ ~ueati~ ebo~ ~ the ~ I
~ ~d ~'t creak ~a a 1-f~,~ e'er ~f ~ ~ ~ of ~ ~ ~ ~
~ arm i~ ~t ~ ~ ~ tit amt # fat 1 ~i~l ~ ~ The~,d ~ i~ ~a ~ , Aad ~ ~ he a fire .
~ ~ ~ ~ . FVe'~d per ~ ~a'~
~ #1ut to t~ a p ~e'v~e abed IBC ~ ~~I~rVE[~ ~kPCE: a t~
~ ~ ere ~ you the ahaut
1~ ~d gar that ~ ids ame
~ ~ li ~ e > acd~lly~ ~ ~ ~ ~ ~ the ~ tea t 1~ that ~ way a apr. I w~'~ ~ tI~ it ~ .
1~ tom. It wee .~d ~namdr~al build ~ 13 ~ I ~Ic tip
~4 ~ at~t~t~~~ 1~ ~#'s ~ tl~ ~ ~iIl $ l~ ~f the 1~ ~ luau t~ ~ the l ~ e ac~l~r ~ ~v~ent~l ttlta~t
~ fat will ~ ~g~en, if but 1~ ri~ak r+v~ to I~€ tit ~d ~ pith the pity
i'~ #hi$ ~ w1'itin~ is t,~ ~u~d ~ ~ ~ a~ ~ ~t ~ tit,
1~ fli~ili~y t~ ~ ~ to ~ nth i~ ial~, if t fife ~rit~ the ~md v~re fur ~t~ gene that 1~ t~ ~ gill r 1~ , B~ l~ i~~o
it ~t ~ $ the ~ ~n't t~ ~ ~ aped t1~ dolly ~ > ~ I ~ it
~1 far ~ ~ It ~bl~ mal€i~ the ~m ~l . "
lilr~ tl~t. SASE; T! yam, .
ua r~ tI~ n ~tnk ~a ~4 , i~fr, irm~a ~d ~
. e wept ~ ~ plate p e~ ~ ~ iea, I asst wad to el~ar
ANA 'I~IN ~ ~ ~ LAS ~ ~ 1, p _ P 1 '
1~ ,
Pa~c l~l Pad
1 r~din~ ~ti~~1Y r~rlap~n# peed ~m~er i ~ $ ~ but ~y ~ i~raal
~ ~ lea~apit~g that will ~e a part of .
~ 1 this I ~ ~d bG Z w~ ~ T~ l~d~ 'r~ ink ~ a 4 ~ ~ ~ it r~liy, g~ I~ ~ ~ ~4 per ~ut`d tI~ w~~~ givi '
~ cica~ this u~. ~ inn~iatd~r ~ t~ t~ a t is e
~ ~u~ti-~mily ~]]i e~ it by ~ yid w~ reginre~.
~ ~ ~ A~l~d~etaa~lct~t}~
~ ~c old ~ t~ ~ I ~ ~aulti• mfr. ~ to ~ ~ . wit ~ $ ~1ti~ ~ . ~'m ~ i~ th~~~ n ~ if t1~'~ .
l~ T~e~l~
Y ~ ~ti~l~~ ~RY~lO~ ~ ~Yl~~ 11 ~L~hA~.~Ri~'A~TF.R SAS: ~ +t t
1~ the ~ five lii . 1~ The fit litnitali~ ~ as ~vpauld l~ ~
14 ~ it h i~ a ~if~ T]~ limit' I4 ~ KATY: 'I ~ .
1~ The ea~ti~n ~r ilily~ilh ~ l~ vcr~ ~uah, 'I~l~
l~ -lY 11 bdd wed ~ pit l~ time.
1'~ rf a Mimed U 1'~ ~ . l~ ThG thuid i~ ~ ~ mew 18 ~ 7HI~
~r~ 1~ Qa oo~iti~ ref~rnii~ ~n
Fes: Ia ~ z~ ~ ~ hle el P
~1 ap~pa~val ally milt' ua~ ~it~n ~ l it t}ae ~~e~ qty will t~ t~ eve ~ as n ~ ~ - iI that ~ a deal to in~at
If allr ~y ~ (qty 1 ~ ~ ~M
appa~d orha~d ~r ill-area ply. : ~ #~iak t~l I ~y nil ~ .
S~, ~ d~ mu~ti-f~mail~ t ~ ~ air the legal ~~e~ti,~: I a lit
1 w ably ~ ~a ~n t~ ~ it 1 eameera t alb mew putter m tbun~ ~ scut t~r11 ~ l~k l~ He~ia~, wbu~w~uldk~ ~ sty t~ a I l~v'11 fat in
an '
~ $ Pam i~ the e ° p~1i~ ~ ~erfl~ ~d f~ meat it. .
~ ~ ~ ~v~n sad why it wand al~h~ve ~ tb~ way a w ~ f ~1
~ to ~ ~ ua~i1, ~ chart i~ alts - u~11y ~ ~Q Y~uet ~ u~ t ~ ~ talked a~aut ~ ~~st ~ .
~ multiy ~ am ~ 1 ~ thw ~ - t .
a -z digit, $ Haa~ti~t spit t h ~ flee
~ WATa . ~ ~ t~ ~ aad we ~ Frith
~4 a1r ~ $ave a ~ur~ fir. ~ ~ ~ ~ tea ~a u~ ~ ~ l 1 Ems ~qg~t lip. ~ truly ~ ~ b~ t 1 ire them with same m~ tl~a ~ ~ to ~ .
12 the ~ ~ tom. e~ mat ~t'a ~ i ~ 1~ alp ~ tai eamf'aa~ t~ t~ p will r~u. ,A~ .
13 a~ a rig~k-afy~ ~ ~ ~ , And tit way
l~ ~ i.a it'd an l~ ~it~ut ~treel a 1~ tbat we ~ I~ ~ ~ la alteri it f~ riu~~.' $ grit n ~y
l~ ~~+T~ T,~iQ~ It's an ~ B~t~ is the"~ ~
l~ ter; l'~ ~ d~
1~ I#~ a mt p~c~ l ~ ~a ~Cru inter t~ l~ } 1~'~ 8aY t~ ~ had l~ it ~ ~xi ?
ate. r,t, ~ fir, ~ A~alu~~r. e~ pit.
~I ~ ~1 t~ ~I~T'r'~~ ~01a1~ they if t~k's f
~ a~ fir: ~t'~ net anted hY t~ e 4 ~y t~ a~vt~r ~ the ~i~ y
3 lily. A~ t'~ a 1~t ~f ° I dtmTl weal to ~i mill ~ r~v~ ~ ~ ~ tb~ ~ pad? ?4 ilmpa ~ gym. ~t~ with what vre'~ ~rapnait~ it's ~4 ~ sAri~; i th~k tb~
~ ~ - the ~tuader ~e pa~.apa~e~d wag t ~i.~ is what ~ppen~ in a
~IrA~1II~~ ~ ~I11I~T RFi~[,A~ ~ ~ 1 ~ Pa~c 1 ~1- ~ 14 . .
~ ~
~I~
1~~ PAP 1 year ~ arm ~ ~ ~ ~ ! ~A~ ray r .
~ cl~p~at t eft ~ i$ ' ~ del ~ rte .
~ if w~ l~dc ~ fir is ~ ~ ~ : Y fir, y~~ tt~d tl~ ~
4 ~A rim ' ~ we reeliae tit ~ ~ Fein. Aid ~he~m~i.n~l ~atc~ with the gaff
~ pestiQa the Fund, ~~od ~ he ~ up ~1 t a week ~ ~ And i~ ~ aI tin 1 h$ fir ~ ~ ~ liloe ~ 1~ ~ wise ~ ~an~itieas m
~ # i~ ai t'~ ~ t ~nve~rti~. Aad tom, ~all~r ~
S A~avnt tie pad t~'~ ntl~ i~ a ~ ~ g lit ~ t u~f~tu~~ly.
~ ~aa Itt~ not nt~t~ral ~ it ~ ~ ~ ~~s: If ~ m~~ way m 1~ 1at mire wee f~ ~ g# theot ~ } 1~ ~ appar t the the l~ ly wig $ ~
11 tha* i~at~ au de~lat, lni~ ~ eta ~ tale h~ i ] plan that be e ~ t and r~uleti~,
1~ that' ~ bi~al ~r t ity~ ~ ~'r~ tit irk ~a 1~ ~ ; mitt~d a
1~ d t~edk e# a11, And I feel aut 1e~tlr~r ~ ~ ~ t i~aw ~ ~ l~r. Theme' ~ tart ~ ~i~ ~ .
1~ eati,~ with au ~tr~ ebb tr~i~ t~ find Mme 1~ ~a in ~ ( ~ I~ntan. And we dent w~ t~ 1~ 1~ that did t t wilt 1~ p~Gead ~ ° thi$ crt~r isatt .
1~ the fir $ ~mbwr ~ thei I nit b~ 1~ ~Iy.
1~ he~~p~ t~ ~ t Aid I 1"~ ~Ve'~e ~i11 wrack with
1~ Th~'~ 1~ t~~ t~ the ~i ~ p+n~k ~f . 1~ ' I ~ t~e'~ a]~+a same i~ ~ 1~ de~d~. ~ daa"t to I've ~ l ~
~ that I'm ~ w ~ ~ th feel m~ ~ tell u wk's ~ ~ ~ p~ki~aa ~f au . .
~1 fir. A~ ~ it ~ i~ bait to m~ ~i Aa with r is the qty ~ III Ca
it ~ it ~ ~ ford. i~ t it f~ th,~ ~ilit~ n ~ ~e
era Ab~1~r. ~ t t~e~~ ~ its. I~~t ~ all ~4 ~TFD~~kB: I'~ junk aeyi~ if ~ ~ } i~
the fni~n ~f a w~ ~ t~va t }mew' ec ~1#~
1~~ P l
1 t~ ~ , ~r~n ]mom' $ ~ ~ a 1 i~ t~k m~ ~ mfr r 1~ t w t~
~ I d~~# t~uk u world ham ~ ~ t~ ~au1d y~an m~ b~
~ I'll # ~ r tn~il he~i~e you ~dn't ~aue a ~ : A~ I dart o~ t~ 4 MR II+i; airily A~~lt n~t~
~ ~ ~ivit~ ~ 1~ut ~ivi ~d ~ And d~ w~'11
~ ruse fmisl$ e~ soma you start ~ ~ ~ orra do it t
7 ~ I'~ nok e~ e'er d~ eft ways. ~e decry it ~ ~ it~ ~ evady, ~ 'Y'hi~ ~ the t it's u~. T~ grrt~ i.$ .
~ Thy this i~ to up a 1 ~fi ~ to ~ irk ~Y~ ~tai~l~
1~ a me t~ , ~ jug dev~ t~ sbo~k tom,
~ 1 fir. A~ 1~ 1~ to 11 s~n~: es~ ] ~ I drrn't talc that t~ ~a~rld ba aeid Arid e~ 1~ tau have ~ l~rut~ial
1~ veld tr~lp ~ the sutra efF~rt i~ to sell the 1~ piece o~p~vpr. ~ $ d but s
14 Ta n t for ~ life ~ it staid to 14 tutm~ec tha ~.,~ho~r tit
1~ that i h that fat ar}bod~ pleased with it,
t~ a1~ i~ pa~ti~ with ~ ~ o~~ ~To+~, ale the thi~~ 1 ~ ~ ~ that
1$ I this 1~'~ 1~ 1 ~ hd~ T: A}l~utel~
~a ter: Y~ ~,r.
~~s: Y~ tl~t ~apu toad i~ a sate ply ~ it 't u~d~ r
atafF i~ ~ del ~ hut' ~ y tbaC ~
fir: ~~s, L1o I r~ali~ the ~4 say ~p~a ~ a~i.n7 I jug ~'t t t~ i~ - ~3 e~ pcebcnd 1 I ~ tit ~ t~naat Y
:4 i
Tx
Pad 1~~ ~ ~ i.
i 1t the ~f$ ~iff'~'~t t~ any devela I ~GQ~N~ Tl~l~d~5: really, tmw} ~ is ~ ~r ~ t~t'a ~ 1 aoo~rdi~ to d ~ i~ ~
3 hniag or tit ~ l~p~d ul ~ Orley a~ ~u~ 1 # i~ in with n
~ T~ tbi~ ~ ° Y thia~ we're ~ p~ f~
~ more tlam is roq ~ t~ pro a * we're junk talla~g ~ s t are. ~fe~ fly arc nn~ ttyi ~ ~ mat ~ what ~ sve want to d,a wig tip ~
~ at all, Cdr. atluna, gent t~ ~ ~ f~1t~ t~ v~rha~e m as .
~ I this t~c'a a ~ h~R •p• Ner I wit ~dnlc t'~
~ lam. a ~ ab~,~ a glau ~ gaff wed . staff waald ~ t~ ~ I ~ Icgl]2iema~ we're amt putt ~ ~rla.y. 1~ she ~l~ apps anal ~ If wain to
gracaC a~
1 ] ~ the utter t~ rlay tio~ in Qur F 1 ~y, # w libe ~ as a1 eat
1~ urr~nan~e ~ that mrptbaa a~ I~ aid glen to sure t~ the arc
1~ ~iat~ ~ groom t~ ep~ial pie iutare of 1~ -prmz to the ~a1du~ pl~k etul pc-rtn~
1~ 1~ 1 thmlL tai ~ 11~L~4 ° ~ ~ LL ~ 1~l~lil~ u . 1~ t t ~vquu Ihal 1~ f~ himself
1~ ham a aid pit ter ~ $ pact, ~ 1~ 9A1N; A~ad tie"~ $ of tbi ~ .
1~ agprl~ ie ~ t 1'~ ~rnzt t I , t~ met me v~y Irv ~ this
u furw~d ~ ~~e p~ ~ e ~r heft you 1~ +p~i.~at of k,~ of ~iri~g t gr h t~i~ ~f
~ ~ ~ apgrd ~y qty
~ 1 world show the ~ would t ~ t1rin~ ~1 1y iae ~ i~ it ~ ~ t~ia . ,
that ~rau ~mie~ ~ in th`~ ~ t w~~ y w~u1~ w
m that t}~Y reply with v~iyet the rle~y I'm ~t we 1 I we'm tryi~ ~ ~c ~ i~t requ#a a~ tea where the ale as we ~n to the ~ and neiorl~ad.
. ~ ~c ~ w~ t~ ~i~ ~ ~d sa Aud a~at the > ~ as
1 a~ ~ ~ , I I ~m,~kand ~ rid naw~ is really ~mqg that were
~ ~ Is fat y~'ru 1~ } Ii~`# ~ i~ m ~ ur of reasaa~ ~ 1~t, ~ ~ ~ And ~n~e, yen ~atiomud ° would be
4 ~ 1: And that's mfr is ~ #~illed t~ ei.l and elm
~ ~ gist 1 earl the ° ~ ~ ~ ~it~ th~gd, ~ w~11, ~ y i ~f it way
~ r~ N~ rt d't. a~ the ~ e'veu wl~ rhea could v~i~ ~ pa~li plat would not t ~ tam a$ w~ , thy' ~ ably .
~ mud aad tie thy. h tit aha~v ~ camf~an thy.
~ tie ~nl~gs aret ril~r, V~~lc1 its ~ hI~ ~'NYDB~ I 't ~t
1~ ; ~au're ontr~t. ~ t~ i~ t'm wto Iw+lar~ - but you wouldn't te11y ~ e
11 ply wuul~ eve a le+~el of dell than the 1 I prrlit~ery gist a9 a fence tai . t~ n~ p1~ 1~ ]ila~ than quid .
13 t,~ : At this pmt I ~ a l~ ~ ~~u~~, It ~u~l~it tit
I ~ little hit ooafua~d as what site w~uk we ~ 1~ level ~ detetl. idly for is a
i ~ ~ Aug ~~re tryir~ to do tms the ~oik 1~ die g~ which w~ald ~e n hinder doeameat that would be I ~ wu moire to da this m a 1~ attar~d t~ the ovealaGy di~i~.
you wed ~ and
t'~ ~a with - ypu ~ a~lay ~iat<iot prior ~ u ~
I ~ ~ '~uu're aGatit~ ~k ~m ~ ~ L ion to ~auneil fir ~.itlr~
. wll ~ pUC is a ~~udt buff} you're path is e 1 ~ it ~ appr~ pv~l dist<i~t that few} ~ ~g t~t~ dwaa~ldl~ ~lI # oo~tio,na written in tee form.
~1 loce~ed t T w all ~ f ~ ~ 1 And I have of oua~tiaa~ in
~ wit ~ nee oa ~ site . Thane a~ part of f e~ ~ I I if yoa're to n>
~ in it ~ a pI~ we reoomme~ndatian of ~a1 which o~ of tie oa~iti,on~ ~ t t'~ ~ t~h~, ~'~1 ~,d,d you would malice as a ~nditioa al~ Hasa
. .
~ u t to ~e ou a aid glen. 1 ~i~ g~ fat ~ 1~, lit
5
a:~i~~ ~ .
P ~1~ ~~e i dvauma~k that have i~ ~ farm t'hesG ~ ~ t t ~ ~ p¢€~erved any ~r
~ ,n~ ca I~~ that arc ~ ~ peat.
~ ham. u+r: I 1y I~ d t~ ~ 3 ~ 1 b~ t Areas
4 ~ i~ ~ flIsln ~ ms's, And e]her a~ptiv~e ~ ~ ~ yam. ~ ~ tai t~ t ~n ~c ~
~ ~ ! w~ ~ ~ your 18y ~i~i~t, I~~~ ~ tit's awn here, if a~ ~ 1 1 in tI~ a~a
a ~~~t~isa~li~~ $ t~a~~riaareaze~b~
~ thy, u'~ lam iota a Ali"~ ~ tld b~ Iiml~d in ~ amp ~f d1~~at ~ t1 . 1~ u~ ~ aunt ~ a graphical 1 ~ wed ~ able wit ~ ~n ~ #hat f~
1 ~ ~ ~ J7~ ~ t~ ~ 11 A ~f Ih~t Yi~l]Id t~
1~ cam~diti~ wi11 h~ dl ~ ~ ~asww~¢d in 1~ rctai~, l~at he a p~tian it tip old ~
1~ ~ pb Aada ~ tip ti.~ 1~ ratai~ t~ act as a hKiifer tc the ~ ~ . i~ #~r~e ~f ti~ i~ fist ~ ~ 1~ t~ wait
1 ~ MR : - 1 ~ EAG[~E11~N: fir, t9 ~+Ilt. : - ~~t~ Aud ~ 1~ Heitman, ~~1, ~ ham $ ~ttl~ ~t ~f di.cn i~ th~C
nl~ w~l~d hr glad t~ ~ a p~t~ri~ ~ I'rn s~ eh~ artady cl~ hr~t I t~ll~r ~'t
~1 ~ its, e'~ l~~e they ~ de ~1 w~ it i.~ t w~'[~ pia~u~ing ~ v far ~ .
~~+Ficual~'~ ~.ng dala~~d as ~ h ~ y ~ west's ~ t~ A~ ~ ~ #a~ f~
~4 ~ l~ 1t1o~ std ~ the dal ~ ~4 ~ ~ ~a c ~ Or a~ v~
t~ as we're a f I this try tc ~ ~ ~ A~ we its ~
1 ftetnr~~~~ ~cas 1 ~rh~t ~
~ 1a~ ~ we a#ay ~n ~ t~ ~y a ~ Iw+E~ ~'A'TKIl: i'll make a gyn. . ~ we aI~ he willies ~ d~ that ~ ~ i~ ~~i ~ ditia~s
4 a~aquate ° a lid ~ ~ t to ~ a s~ ~ +ii~~ F~iCi~~N: Bch
~ r ~ leaf ~ ~ i~ ~ the Thefts m t~ f~ ~ a ~ ~,u~i~n w ~r ~t me ~ ~ if ~ ti
~ ccul~, ~ ~ F~'i1~1, ~ t~ns~~
~ ~ airy the ~ ~ i~ tip f~ ~ -
1 ' ~ a . ~ havcn't Toad ~ ~ o the t .
1~ ~y th~'s ~ emly I p it that w I,~II9. . 1~ ~'e~l me ~r ear ead gut try ~z ~ , s
pm~ ~ureatl} will t that ems, A~ ~ 13 iti,~.
Ada it' ~ re1i~. 1~ ~ ~t ~
] ~ Yt'~ Ie'S~C~Y~. And I to mad a m~~ ~ ~ ~t t rah t ~ ~ h't s~ t~ ~~l~a I ~~t I t~ wLe~ it~~ ]1 ids its set"
eft t~ > ~ eve ~ 1'~ ~I~A~rI~''N~ ~llf I end
~ ~ ' if t1~ , i~ ~v t~ a~ w~ the t$
past is lid aad I'Ii t~ u #hi$ ~ at] ~ ~ ATi: ~r than
1llust~i~n i~ t}ee - a - ~i ~ ~lti~ if ycu ~ ~ i EA'I t'~ tt~ ~it~
~ ~ ~ a ~ why as i~ until ~ to ~ ~
~ LIEY, Arid ~A ie an ~ SAT:
~ Evil ti Arm, A~ is the , m ~e ~ ~ ~~ru~~ru~u; Yet ill tI~ its Ian a it e fl emd ~ ~ ~
1i~~ ~ ~ iii ~ ~ ~i.
~
I~ 11'~ ~ 11 ~ 1 Q~+~.9~G~TB[t SAT; i ~ t~ 1 1l~ ~ ~ ~ti~a t~e~
~ stiff. ~ ~aar~r' t ~
~ ~~u err: ~ ~4~ F~ATLINS: I h~,~e ~ Win.
~ sut WAT~IN~: A~ ~ tit ~ ~ t~ .
~ nomad ~oodi - ~ ~ ~ ' ~ ~
~ ~ arFrr~u; I~~, ~h~ I was ~ ~ t~ ~ - ~ Tom; That' ~ v ,
~ WAIT; - ~ r t,~ ~ ~~u'i~ .
~ I~ ~ ~ L Tr ~v~ ~ ~ ~ ~ vrili r~ ~ m~i~n
~ ~ ~ ~illt dal I"iv~ ~ 1~ that ~ t~ i~ with eat 1 I tom. w~'~ rat tb~ cud rat, 1 ~[mx tb~ I1 a$ ~ y ~i~#ri ~i#h ~ ~ lit
l ~ uap1 tern it # ~ ~ 1~ e ~ c1.
14 SAT: Yea 14 ~r t~ ri~1
1~ ~ If I ~ 1~ ~E; Atid wig ~ 16 w~ie v~ are t ate' i~ app a ~u~t t~ 1~ ith~ ~f t~ ~i~1 rt~i.~ ~t
1~ ~ms~ that 1~ with 1'~ itioo~ ~ t~ ~vr~la~ irk.
. 18 ~~1~TE~'lH~lld:~ I'1~ s~nmd tit.
1~ WATY k 1~ ~ai~ that - ~e ter ~ tb~t~ paid
~Y ~ ncr ~ 1 a~ ~ r,~ wiz: N~. 'I~ P~1i~
~4 I~ ~is~i~t. A~ad tb~ ~ ~ tb~ ee ~f H i~ ter. . w a~ ~ ~a ~issic~ hay Mme ~ tb~ ~r~e~iq~ ~ W~ ~ . ~ Hare ~
. Fad 11~ ~ 1~
~ ~~T 1 - a m~~a ~ a eel ~ ~~p~o if
~ ~ ~E; And I ~ d r~a~ i~ jet a liitl~ ~i~
~ b~ the t~ b~ $ ~i ~ t ~ ~ .
4 ~t ~vgaa~ld ~ ~ 1. Y ~ r~ : Yom. ~ Mink i.s the met ~Fe ~e erg ~ ~ ~~T: All .
~ ~a~t mind. 'That 1 ~ ~ ~ 4r $ rb~I~wA7 .7'h~t'~ fem.
~ ~ CSR ~E: may. l~ ~ttt ~ t~ ~ If y~ld r
l1 ~ kith ~ 11 e ~ tie bated, . I have ~ h~ 1 ~ ~ ~
1~ ~F gal ~f fat l$eI ~ the l ~ ~ti~ p
l~ P~~.T; ~d th~~~ #b~ l ~ ~ ~R$t$ WATT' TIi~]4a LIN~ra t~ t~ of i~t~ a# tip, dk? 14 ~ ~E
l~ ~ 1~ ~4tT; ~D~iE1~ PA(~.~EI~F.~ .
1~ ; Yes. fir, th W~T~
1~ Ill ~ ~1~t 11~ I 1~ i~ t~ 1~ h~ari~ bmi~ a~ ~pp~y 1~.~'~ ~
t~ s,I~a~t~~s: r, 1~ to ~ F~esideati~l Use
$Q +~~B]Q+ISR B+CEAASE: ~ t~~ Q~b+lh~$~I~1~[~A 4f~iTKIIwiR ~ I thmlc l~lbli~
~1 w~'i~ alp b~it~ ~ tb~ ESA s~~ i~ t~ ~1 ~rin~
p~oee~a i t 1~t i.~ ]~1~ t~ tiva ~S~I~I+~ D~dr~ , I'm .
lied ~ t~ ~r I wall ~ 1 ~4 as a
i~ fad T'm i ~ ~ ~ ~~zs;
~'I,~i~ AID ~~IIi~T~ i~li]~.~~t ~E~~~'~ 11~ ~ ~a 11'~ - ~
EXHIBIT 15
Ordinance
n r ~l~L1i~S.L~l4 , f : 1 ~G L 1l~l~T~i~1~ ~IJy lJ F~ ~ 1~111~1 ~T
~ Tr Ire ~ EY~t~rI.r rF ~
1~ ~~x I~I'1I'I` L 1F~~iTI~ ~ U~ DFIIsI~T~'I'IOI TO I~I~
~.'EI~ ~I~I~III~T~ I~OI~1'I~~i1I~ D ~rTIl ~I~'I' I~IFI~~7`I~I~T Ali LTL I~EI~rl~~iTT~I~~[J~J~~I`T~ A' ~~RL~iL~ITRIT~ E~~I .
Iii IMF I~iD I~i'I~ I~'~r'I T` II~E ~F I-~~E, Ap"F~~~TE~L~ 1~ 1
'I` I~T~R'FI3 ~F ~33E ITI~I~~TI~T 1~I~ LAI~T~ ~ [~I~IIl IB
1~~, ~ I~I~E,T~ ~i A~TiT I~'LI~ ICJ ~F 'I'~iF~ ~T$ ~T4T1~ ~ TAT ~ OF'I'I3E I~. I.~4~~T ~1 +l'~iE ~I'~ ~F
- I~E~I~T} I~~I ~LTI11'I"~~,'I; ~~~I1Tx F~~ ~i PF~T'I' Il~T T,
~a~p~ R ~I~TI~Ai'THEIIF'a ~ ~ AN
FBI-L~+e~dt~n ~8 Land, L~,~,# has a~p~ied fer a e in r ~
~~.44~ a~ land f1 d~s~` in Fhi~it attached ~ and + hit b refne~ t I. rt~ from a I~o~l ~r X11 ERR 1~ ~ district
~la~ifii~n amd use dean t~ $ ~e~i~nal I~r vial I~~~n ~R~I~} z
~i ~ai~,c~ti~n ~d ~e deffiion; awl
H~, on June I 1 ~ ~1~nming ~ r nart~is~~n rid
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PACE 4
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Planning and Development
ACM: Fred Greene, 349-8351
SUBJECT - DCA08-0003 (Development Development Code Amendments)
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
regarding amendments to Subchapters 14 and 23 of the Denton Development Code. The
amendments are regarding the following items: parking requirements for duplexes; revisions to
the definitions of a structure and accessory structures; and provide definitions for flatwork and
principal structure; providing for a penalty in the maximum amount of $2,000.00 for violations
thereof, severability and an effective date. The Planning and Zoning Commission recommends
approval of the Development Code amendments 6-0.
BACKGROUND
On May 7, 2008, staff presented several proposed Denton Development Code (DDC)
amendments to the Planning and Zoning Commission. The amendments included the following
items:
1. Parking requirements for duplexes.
2. Definition of a structure.
3. Definition of accessory structures.
Item 1-Parking requirements for duplexes.
Issue:
Staff has spoken informally to several local developers regarding building duplexes near the
UNT area in the DR-l, DR-2 or DC-N zoning districts. Duplexes are allowed by right in all
three zoning districts. The developers have suggested building duplexes in these zoning
districts with four or more bedrooms in each dwelling unit. No duplexes with more than three
bedrooms per unit have been permitted to date.
Summary:
According to our DDC and the building code there are no restrictions on the number of
bedrooms allowed in a duplex. Also, since a duplex is considered a single family structure
the developers are required to provide only two off street parking spaces for each dwelling
unit. While a single family residence is restricted to no more than four unrelated people
living in a single family home in the DDC, that requirement is very difficult to enforce.
Obviously, the development of duplexes with four or more bedrooms in these zoning districts
would create parking and traffic problems and could be detrimental to the character of the
existing neighborhoods.
Recommendation:
Staff recommends that Subchapter 35.14.4.A.1. of the DDC be amended as follows:
Single family dwellings. Two (2) spaces per dwelling unit; the spaces cannot be tandem
parking spaces. For duplexes, ...one ....additional parking space..., is required for each additional
bedroom over three bedrooms.
Item 2 -Definition of a structure.
Issue:
The City's Code Enforcement Department has received numerous complaints regarding the
extensive use of shipping containers and other portable storage units such as PODS.
However, these containers are not currently regulated by Code. While these containers are
meant for temporary use, they can create a nuisance for communities when used extensively
for long time periods, and when improperly located.
Summary:
To address this issue, Staff is proposing a text amendment that will regulate the location,
require screening, and place a time limit on these containers. To achieve this, staff is
proposing a revision to the DDC's definition of "Structure" to include shipping containers
and PODS. As such, these containers will be regulated in a manner similar to an accessory
structure, and will subject to requirements of Subchapter 35.12.4 of the DDC. In addition, a
temporary use permit will be required prior to placement to administer a time limit.
Recommendation:
Staff recommends that Subchapter 35.23.2. of the DDC be amended as follows:
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built ~r co nstructed; u n An edifice or structure of any kind or any piece of work artificially
built up or composed of parts joined together 1 1 same uefi 11LV alu~er a nd which requires
location on, in, or above the ground or which is attached to something having a location on,
in or above the ground. Flatwork or in-ground swimming pools are excluded.
Clean Version:
Structure: An edifice of any kind or any piece of work artificially built up or composed of
parts joined together which requires location on, in, or above the around or which is attached
to something having a location on, in or above the ground. Flatwork or in-ground swimming
pools are excluded.
The following will be added to the Subchapter 35.23.2:
Flatwork: Any impervious area such as driveways and walkways.
Item 3 -Definition of accessory structures.
Issue:
Currently by definition in the DDC perimeter fences and/or walls and swimming pools are
examples of accessory structures. What this means is that proposed fences and/or walls and
swimming pools must comply with the accessory structures requirements described in
Subchapter 35.12.4 of the DDC. In addition, if a property owner wants to provide screening
utilizing a fence and/or wall on a lot without a primary structure, they would be unable to
since a fence and/or wall is considered an accessory structure.
Summary:
Perimeter fences and/or walls and swimming pools should not be listed in the definition of
accessory structures as examples.
Recommendation:
Staff recommends that Subchapter 35.23.2. of the DDC be amended as follows:
A[1[1d1~.1~l1MT__C~~l'~71l1+»,rna„ Structure, Accessory: A Any structure on the same lot with and of a
s~~e anu 1(.6Ll.l1V VI.I~JI.V 11(Alll~'r incidental and subordinate to, the principal structure. 1~L1(.Llll~lles
V1 (.LLti1L.7.7171 ~3L1 LiV GLi1 L►7 111L1LillL, 111.[L (.Li V 1IV ~ 1111i1~VU ~V ~ I.11L 1V 1IV VV Ill. CTLL(.LVlivll ~(.L1(.[~vJ (.Li1ll/V1
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1.L1~J11 (.Lll~Vllll(.L~J, 11 VV~J~Ulll,l111~ VVV111~J11V~l~J, ~(AL,~.VVJ, 1(AlA1V
~]_]']~Illr__ 1 1J___/lY1'fAYLY1f1__Cr'fN]_l!~'f]]_]^pCr ]'1l1'f nffnrl~prl to tl~A ~riNni~_nl c~r~int~_irA•____nn~zp~ nNA~c~____nt1~Ar fl~_nr~_ ~.111r1.C/"~I1""" 1 V_....t.Cll~'~llll~
~~.1'i~1V~.7L11"'l~~ 11U'~ ~ri~~'Ll"li~~l.C ti'U` ((~~~.11'1~ ~'1111'lrl~'~1 ~~1i,~1V~1X1li, ~J"t.CV'V1l.l (.~Y"'i~~~ 'U'~.11'1~1 rll~l"1
rlr~~rnizm~rc+ nN~ ~irnll~~irn~m• nr~rl r~or~mo~or tONl~1N(T n,~,rl ~nr aim Flatwork in ground l,ll l V V VV (.L~' ~J (.Lllll YV (,L111 YV J, (Alll.l ~JV11111V
l.trl ltrll~lll~ (.Llll.l! V1 VV (.L11iJ.
swimming pools and fences or walls used as fences are excluded.
Clean Version:
Structure, Accessory: Any structure on the same lot with, and is incidental and subordinate
to the principal structure. Flatwork, in-around swimming pools and fences or walls used as
fences are excluded.
The following will be added to the Subchapter 35.23.2:
Structure, Principal: The structure in which the primary permitted use of the lot on which
the structure is located and conducted.
PRIOR ACTION/REVIEW
May 7, 2008 Planning and Zoning Commission Public Hearing
OPTIONS:
1. Approve as submitted
2. Approve subject to conditions
3. Deny
4. Postpone consideration
5. Table item
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the Development Code
amendments 6-0.
EXHIBITS:
1. May 7, 2008 Planning and Zoning Commission Minutes
2. Ordinance
Prepared by:
Ron Menguita
Planning Supervisor
Respectfully submitted:
Mark Cunningham, AICP
Director of Planning and Development
EXHIBIT 1 o~denseI#~
Page 73 page 75
1 ~~M~orrE~ wATv~: Reconvene at 5:05 t action following decisions, plat n~adification and
~ and I'm going to stay with the Public hearings and go to 2 expiration of relief.
~ 5~. Amendments Subchapter 3, ~ 3,14, ~ ~ and 23 of 3 Where' ~ lot there, Legal has prepared
~ the Denton l~evelop~nent Code: ~ this new set of procedures. Zt's fully coprehensiv~e
5 NCR. MEN~rrTA: Craod evening, Chair, 5 and it does con~p~y and conform with the near statutory ~ Members of ~ Commission, Before yarn are six ~ changes of the Texas
Local Cade of Crover~nents,
7 Development Cade amendments. They are listed here. 1 ~ . And lastly, Subchapter 35. x 6.4,8, l will
~ will read them real briefly. 8 be amended. Subchapter 35.16.8.1 wit] also be amended
9 The first one is: Conforming procedures 9 to add ~ "~n sorry that's 3 5.16. B.I.
to to statuary prov~slons, relating to local permits and tQ And lastly, Subchapter 35.16.~0.D will be
~ 1 proportionality of develapent exactions. 11 mended to add language related to the City's
i 2 The requirement of multiple unit i ~ participation as well as applicant's responsibility.
t3 residential dwellings and multiple family developments 13 ~ ~ lv. CU~v~r~~AM: Ron, l just want to
1 ~ have at least 40 percent of the wall facing the street 1 ~ clarify for the :record; Bullet Point ~o. 3, it' s
15 in window or door areas. I5 actually proportionality determinatian by the City
1 ~ No. 3: The requirements for residential 1 ~ Engineer and not the City Nranager.
~ ~ buildings, which face a street other than an alley, to 17 . ~tv~~'A: t'rr~ sorry. City Engineer.
. t S have at least ~5 percent of the wa11 space in windows 18 , R. CtrNN~.vxA1~; okay. .
tg and doers. ~ ~ 19 R. ~VIEN~r~'A: lten~ 2~; This ~ deals with
No. 4: Parking requirements for 20 the 40 percent of the wall facing the street being in
21 duplexes. ~ 2~ window and doors. Th1s apples to rnult~ple unit
5: The definition of the structure. developments as v~ell as rriultifamiXy,
. ~3 And : The definition of accessory ~3 The issue here is that 40 percent is
24 structure. 2~ has been high as far as carnplyin with it; Builders
25 ~ Y'ou have also this in backup but for the Z5 have complained about meeting. that requirement.
Page 74 ~a
1 viewing fobs, I would just really want to go through t Staff is proposing an amendment to
2 each one of these really quickly. 2 alleviate some of that frustration and also to be more
3 Again, Item I is related to the 3 architecturally compatible with the facade.
~ de~elopn~ent of exactions and proportionality. The issue 4 Staff's recommending that the existing
5 is that our I~es~ton Development Code is i- needs to be ~ regulation be amended and be amended as follows:
6 updated to follow .e conformity of the statutory ~ buildings that are located within ~0 feet
7 changes that were implemented about two years ago. ~ of the property line adj scent to a public or private
~ staff is reconzxnending that the proposed 8 right-of-way within 30 feet of the curb line of a public
9 amendments adds that to update to I~evelopmen~ Cody ~ or private right-af-way sha11 have at least 0
10 to follow statutory changes. I ~ percent
1 I ~ staff's recommending that subchapter t t we've dropped it from the 40 to the 3 ~
4 I'rr~ sorry. 3.3.4.A,1 and 35.3.4.B.2~.d of the l~ perrcent,
I ~ Denton Development Cade be deleted in theix entirety and 13 of the wall along the facades. . t 4 renumbered subchapter ~ 5.3 . ~ of the I]evelopment Code be 14
facades is defined as a front adj Dining a public or
15 superseded and be replaced in its entirety with the 15 private right-of-way where the bu~lding entranceladdress
1 ~ exaction proportional determination and appeal 1 ~ is located be windows or door areas.:All the facade
17 process --and appeal procedure, which is irr your backup t 7 which face a public or private right-of way, excluding
1 ~ as Exhibit l . ~ 1 S alleys, must contain at least 10 percent.
19 And quickly, the items in Exhibit 1 as 19 These are the other' sides of the
Z~ part of this appeal and proportional determination Z~ building. dot necessarily the front, but the sides. Yf
21 procedure is lined here. It has definition, purpose 2 t the side faces the street of public ar private
and applicab.ty and effect, Proportionality 22 right-af stray, it must contaa~ at least 10 percept of the
~3 determination by the City ll~anager, commission ~3 wall space 1n window or door areas or one opening per
~4 determination, appeals, processing appllcataons, 4 sleeping area, whichever is great. Shutters, trims, and
~5 decisions, action I'rn sorry criteria for appro~ral, faux windas will not b counted toward this ~0 -W
D~~N ~PUBLI EIN 1V~AY Page 73 -Page 76
Lm
Cond~n~eIt!
Page 77 Page 79
~ ~o percent, ox. if it' ~ on the side, the ~ 0 percent t fir. Cunningham and staff,
2 wln~ow and door r ~~~.1r1~nl. ~ Q11~MY~S~DNER T'~OMAS: ,dry, I thln~ he' S
3 Yte~n with the percent 3 got something.
4 C~N.IMIsSI~NER TH~A: Excuse n]e, 4 MR. CUNNTN~GHAM; If it' ~ the prerogative
5 Nix. angita, I have a question. of the Board, what you can da, you can request far this
6 MR. M~N'~rrfA: Yes.. G item. to be tabled and we can bring it back to you with a ? COM~sI~NER TH~A: Very quiC~ly and 7 definition or in a change of langge that
will clear up
S then I'll ask if you could continue. I would like a 8 exactly what is meant by multi-unit family.
9 real dear definition for multiple unit residential ~ 9 ~011~MIIONER TH~MA.S; okay, Thank you.
1 ~ dwelling. 1 ink we're all fam~.l~ar with rr~ultif an~.iXy, 1 ~ Please continue and sorry to ir~terpt.
t ~ but da we have a I have yet to see a definition that ~ 1 ~~~r~~~rA: That"s aii right, o we' 11
t 2 ~'eally ~larif ~~s tbat so 1f you .could g~~e me one d be 1 ~ comae; back to, this one.
13 very grateful. ~ 1 Item ~ deals with the ZS percent
~ 4 ~ MR, M~N~rtTA: That is my I don't have 14 requirement of the v~a11 space in windows and doors.
~ 5 a Development Code in front of me. The definition of a 15 This i primarily for residential development, single
~ ~ multiple unit development, it is grouped v~ith 1 ~ family.
17 n~ultif amity. I' d ask Jerzy if he could help me with ~ 17 The requirement as stated there that in
t:8 that request. t order for an application or a builder to meet the .
. 1 ~ . DRAM: ~ don't see anything in 1 ~ 25 percent, they've often used faux windows to meet that
~o subchapter ~3 that speaks: to a multiple unit residential 2~ requirement.
dwelling or multiple unit ar multi-unit, as a matter of Staff is concerned with the amount of
.fact, ~ . 2~ faux windows and we shared with the Commission .some
~3 1VIR, ~ta]~iNTNC~~AM: what will do at a 23 examples of developments of housing development that
future thne in the near future, we will go ahead and ~4 have been built with these faux windows.
create a defin~tian for that so that again it would ~5 The summary is that staff is recommending
Page 78 Page ~0
x eliminate any ambiguity or any misinterpretation of 1 that we retook at the issue of the ~ percent and where
2 exactly v~hat does that mean.. 2 right now it applies to a side as well as a front that's
3 C~II~ssIOrr~~ ~~s; Dkay: I'm assuming 3 facing the street. .
4 gourd still like us to vote on it without a def~nition7 4 what we're proposing here is to amend the
5 ~NINx: Ron, if you could ~ existing code regulation and amend it as follows:
6 explain historically what that had meant. ~ All walls along the front facade, again
~ M~~~ITA; ly understandng ~s that 7 front adj pining a public or private right-of way where
8 would probably fall under three units or more. S the building entrance is address~entrance is located,
~ Triplexes, fourple~es, that type of~development. A ~ 9 must contain at least 25 percent,
1~ opposed to multifamily, which you're looking at rno:re 1~ Again, this is the front of the house.
11 or less it's almost the sane but my understanding it ~ 1 t All other facades ~rhich face a public or
12 would probably be the triplexes and fourplexes. ,And the ~ ~ private right-off way, excluding alleys, must contain at
t 3 multifamily is, you know, more than that. 13 least I ~ percent so what we"ve done is we"v lowered the 14 C~M11~i~sI~NER THDMA: Is there any 14 ~5 percent for thane
side-facing homes that front a
15 clarif icatian b~etwe whether thane skewed towards t 5 street down to l 0 percent. And again, the 1 ~ percent
~ rental or owner-occupied? 16 will be of windows or Boars, whichever is greater or
17 ~t~t. M~N~~'~A: That Y don"t know 17 I'm sorry ar one opening per sleeping area, whichever
1 S ~R.AI~.~: There"s a classical lawyer t 8 is greater. Again, shutters, trims and faux windows
19 joke that the punch line is; what do you wa~at it to t9 will not be counted toward that 10 percent or ~5-percent
20 mean? o, you knave, maybe if it gets it off you ~D xequirement.
know, gets rid of the controversy if there's a strong 2~ ~4ff the-record discussions among the
sentiment towards it meaning anything in particular, we members.
could certainly revise the and add a definition ~ ~3 11~R. MENGYTA: In addition, staff" s
~4 between somewhere between here and Council, ~4 recommending that we add a definition. for window. I'm .
2~ ~~ff~the-retard discussion between ~5 going to read real quickly.
DENT~V P~ F~.I ~E~~N IIIIAY 7', Z~08 Page 7~ ~ Page 80
i
Conden~elt#'~
Page SS Page S7
~ E~'GITA: That concludes my 1 with one applicant right now and he has three different
2 presentation. 1 be happy to answer any question. 2 rnulti.fazr~i~ly structures that he's proposing far this one
~ COMMISSIQ~EIi "I~~11~AS: r:1l~angita, my 3 site because yon have to have a variety. one is 4 question in relation to what Council was bringing up 4 ~0 percent,
one is X4.5 and one is 2?.
~ for the location of a PDD, shipping co~atairxer, it's my 5 Naw, they're not all with 3 0-foot of the
6 understanding that those in the future will require a ~ front so it doesn't they don't all comply, but
7 permit to be on site. ~ there's a ail I'in saying is there's a variety of
8 MENCITA; A temporary permit, .yes. 8 percentages that you"re going to be getting, and any
9 COMMISII~I~ER THOMAS: Temporary. Okay. ~ hard number, you know, reduction from 3 a 40 to 3 D is
~0 And I a~ssurne there will be a finite period of time 1~ great but a hard number at 30 percent is still, you
11 that ~ 11 know, difficult --maybe difficult to obtain under
12' MR. ~IENGIT~; Yes. l~ certain circumstances, especially with the energy code.
~ 3 C~~Ih~ISSIONER THOMAS; --staff could tell. l 3 And I don't know, especially at this sate
1 ~ me what that gill be at this time. 14 date, if you could put anything in there that that
15 CUNN~TGHAM: proposal is to 15 number may be reduced if it's butting heads with the
t 6 create a te~r~parary use section within the code that 16 energy code or if the overall average within the
17 would list it's not an all-inclusive list, but it development because it is multifam.ily# if your
~ 8 would specifically call out certain items, such as 18 average ~is ~ ~ percent if one of the units could drop
19 shipping containers, ions and so forth, garage sales and l9 do~rn a little bit. And that I know itf s very late at
what have you that will assign different tune frames of . this late date, you knave, coming up and recommending .
~t perrnis~ibility and periods of use. ~ 21 something like. I,~ust thought of it today, carry.
. Z2 ~'ar instance, we would say' that you could 22 But, I mean that was the only thing I was
23 have three garage sales within a l~-month p~eriad or you 23 thinking, trying to build in Borne flexibility, I know,
24 could have a ion within a~ 3 a-day period and, of course, 24 makes it a rnare cumbersa.e regulation when you try to da
~S would allow for, you knov~} extensions and so. forth. And ~ that. amet~nes it defeats your purpose and _W but
. ~ Page SG ~ Page 88
~ we would also issue a permit. That way we could monitor t that's all I vas thinking. Thank you.
~ the date of when you actually put the on your 2 ~ ct~rrt~rllv~I~: Actually, Commissioners,
3 property and the day that itr s required to be removed. 3 we did look t exactly what Larry just spoke about,
4 Our goal was to regulate them with the 4 This 3 ~ percent is for rr~ultifaanily dwelling and the 3 a
~ definition of structure. But after we consulted with percent is only for the franc that faces the street
~ our legal department, it vas recommended that we do it a G where your address ar your door is.
7 different way and sa we're in the process of pursuing 7 ~ The other side, if you're an a corner lot
S that so that should be coming before you to the very S only requires 10 percent or one opening per living area,
~ near future. 9 whichever is greater.
~~MMISSIONER THOMAS: Croad. t~ ~ If you have a multi~aily dwelling, that
11 ~~MMISSIONER wAT~1NS: Any other t 1 30 percent that faces the front, you will have anterior . 12 questions? 12 walls sa if you can imagine a multifamily
dwelling nay
t 3 Okay. Thank you. 13 be on that front facade only one ar two. windows of the
~4 ~riR. MENCITA: You're welcome. t4 unit will actually have --.only one that particular
~ 5 COMMISSIONER i~ATI~II~fS: Sounds good, 1 ~ front facade may only have one ar two windows,, given the
t 6 Do we have anyone else that wishes to 16 fact that the interior walls will be common walls with
~ 7 speak far This amendment`? ~ 1 ~ the other units on the side sa it is very doable to
t 8 ~vIR. REICHHART. I didtr't f ill out a card i S reach a ~ 0 percent. And we consulted with our building
t9 I'm sorry; but, Larry Reichlia, Spring Brook Planning 19 divisions and eve also took into consideration the energy
~a Group, X405 ll~ustang Drive. It just one regarding the 2~ efficiency code and the objective of doing 1 ~ ar
21 3 ~ percent for multifamily, that first, I gat to 21 l percent as established by the City so that one
commend staff for continuing to bring these Cade 22 particular, 3 ~ percent is eery doable.
23 amendments forward. 23 ~~MMrSSrDNER'V~ATI~.I~NS: Anyone else that
~4 And the ~0 percent, obviously, your ~4 wishes to spear for ar against this amendment?
~5 dropping from 40 to 3Q is a very gaol; but I'm working ~5 . ley name is Cahn Ryan, I live
I~~NT~1J P~ PUBLIC ~.I0 MAY 7, ~~0$ Page 8~ -Page $S
Co~de~se~t1 ~
Page Page 9l
1 at ~ 128 Emerson. I just wanted to make comment an the 1 like to insert that that is referring to apartment
~ circular definition. when yau had a structure defined ~ complexes.
~ as an edifice of any lend. And edifice is defined~as a 3 Okay. And the multifan~ilY deve~apment,
4 building ar a structure. You are using the ward 4 based upon the short sidebar conversation that I had ~ "structure" in your defin~tian of structure. I didn't 5
with Mark, I would like to have that defined so that it
~ know if that was sarnething that we might want tQ laa~ at 6 refers to and is correct nee if I"in wrong yau said
7 trying to clear up or nat. Thank you. 7 that that was def~ned~ as duplexes, triplexes,
8 COMMISSIONER wATKI~l; Thank yau. Any $ quadplexes~
~ comment? ~ 9 1V~, ~UNN~HAM: Triplexes or above
1~ Okay. is there anyone else who wishes to 14 COMl1~I1I~l~E1~ T1~OMA~: The most, okay,
11 speak far or against this item? 11 MR. GUi~NI~SCxH.AM: The multifan~.1Y, Yes,
12 . MR MARIA; My name Rick Baria, and I 12 GOMMIS~ONER THOMAS: The i~ultifatnily and
1 ~ live t S 1 8 Edwards Road. I j ust wanted mention, Y 13 that says development. I think you mean multifamily
14 think some of these ideas are goad. I think that the 14 dwellings right there, da you not?
1 ~ reduction from 4D percent to ~ a percent is a move in the ~ ~ 11~. CUNNtN~HAM: It ~vauld st~l1 be
1 ~ right diractian. ~ t da wander why it has to have such a ~ ~ developments. when yau lank at the definition of
1 ? long paragraph to describe how we'll da that. ~ 7 deve~apment; it would still be a development.
18 tt would be easier probably to make it a 18 COMIVIIS~ION~1~ THOMAS: Okay. But I' d like
1 ~ little simpler. we could say that you could do it to ~ ~ to have a def~nltlan in there stating that that refers
the maximum allowance that you can sti11 meet the energy 2~ to the duplexes and triplexes,
21 code. when this particular ordinance was passed, I ~ 21 MR. C~1N~GHAM: Multifamily dwelling
thought that it would be a problem ahd it has prayed to 22 already have a definxt~an in the code that states that
23 be a problem. That ~,t's doff"icult to meet e~ energy 23 it's a triplex ar above.
24 code when yau have such a rnass~ve heat influx ar heat 24 ~O~YO~ER THOMAS: we11, it you
25 outgo because of the glaring and. t think that we're best 25 referred to a multifamily development, You can't ga
. ~ Page ~0 Page 92
1 just to let the designer who's designing the bui~diiig z back aid forth between these terms, If you. do, I mean,
~ make that dec~~sion and let the marketplace decide 2 our legal .staff doesn't have a dab.
. 3 whether or not they' ll~ buy the building. 'T'hank you. 3 . ~~NtNG~tIAM: we11, actually, I `m
4 COIIIONE~ wATN: Thank you, 4 trying to keep him a job so can
5~ A1~1 right. Anyone else wish to speak far . 5 what's the actual term that's used i~n
6 or agaxn~t this ainendrrlent? ~ the
~ Okay. U'e'1l close the public hearing. 7 OMM[SIONER I~NG: It's a triplex and
S Move an to discussion. S multifamily unit apartment} would that accomplish at
g Moon? ~ least, clarify?
10 ~~MN~SiONER THOMAS: Mr. Chairman 1 ~ OMMISStO~ER THOMAS; That' d just make e
X z gaily. z 1 happy as could be.
12 OIV~S~OI~ER wATK.~N: Yes, Mr. Thomas, 12 ~OIVSSIONER ~~VG: You say that, I' d
13 CO1VtSIONER TI~OAS: I think they turned . 13 second it. 14 these up far yau, George, 14 COMMISSIONER THOMAS: I don't know if I
15 I would like to move approval .with a 15 can say that. .
1 ~ clanfication in Item ~ referring to multiple unit z ~ DRAKE: well, in fact, I know that,
17 residential d~vellin and rnultifarnily development. one 17 you know, Mr. cyan brought up a point, It's a~valid
1$ of those words is referring to a type of structure and 1 S point of avoiding the circular definition here and I can
19 the other is directly out of our neighborhood t~ clearly see what" s intended here. vVe could certainly
residential land use categories, multi yau know, polish it up, I think that our intention should be
21 multifamily develaprnent. 2t fairly clear that as far as the structure is concerned
I'd like to see some clarification in ~ 22 we're.meaniaag for it to mean a building ar edifice or
23 that particular area, and I would prefer to ga ahead and 23 even same other construction that would. be above the
24 get this done instead of pas~paning a I would like 24 ground and joined to it, . And Y think we could probably
25 to in the multi-unit residential dwellirigs, I would 2S do some wardsmithing if that's the pleasure of the
DETO PAZ ~BLI EYON MAY 7, ~~~8 Page -Page 92
::r.:..
~a~den.se~t1 ~
Page ~3 .Page 95
1 ommisslan and to polish that up a little bit before Z
2 1t ge#s tQ allt]C1~. ~ 2
3 GMMIS~Y~NER TH~MA: ~Ve~l, ~ think that ~ .
4 that ~rould be a good idea because ~ that staff 4
~ always appreclates clal~flCat~on 1n these actions. MR. DRA.I~E: lure, exactly. ~ ~
'I ~1VII~ISSIONER KING: Fourplex can 7
S sorneties he confusing het~een residential and S
~ canerc~al or multifamily. Triplex, fourplex and 9 .
1~ multifamily unit apartment. Does that 10 ~ .
11 ~~~SIONER TH~As: That's a great I ~
~ ~ definition as f ax as I' m eon~cerne d sa 7 v~ou~.d like to ~ 1 ~
13 include that in my rnotian. 13
14 CG1VIlv~SSIDNER ~.A.~.K:E: Did yvu make a 14
1 ~ matian? 1 ~ .
1 ~ ~G1VIl~T~I~NER TI~GMAS: I did, And ~ 1 G
~ believe James seconded it. ~ 7
18 MR. CUNNINGI-IA; Ready? ~ 18
19 ~GMIVIItONE~ TH~~A: I thoug~t that a 19 .
~o dust gent ahead without you, sir. ~o .
~ ~ GMYI~NER I~~KE; Ron, I' m gang to 2 ] .
have I have a couple. ~ have a spelling and a .
~3 grammatical change far you let' dust go ahead and 23 ,
24 vote on it. .
25 CGIVIIVlIsIGNER KIND: i've got a red pen. ~5
Page 94 Page '96
~ CG~sSI~NER LYKE: I don't use a red 1
~ pen. Taa daunting. ~
3 ~CGIVIlVIrI~NER ~vATKIN: Ali right. James ~
4 seconded the mat~an,
5 ~ Please vote an the board, Six to zero in 5
6 favor. 6
~
8 $
9 ~ ~
I4 ~ ~ 1~
1~ ~ ~ 11
12 ~ I2
I3 I3 ~4 14
15 15
I~ I6
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24 ~4 .
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DENTO~T UBLI~ S~IC~N A~ 7, ~~~8 Page 9~ -Page 9~
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PACED ADD APPR.O~ED this the dad o#' , 208.
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ATTEST:
JENI~F"EI~ ~I.,TER, CITY ERETAY
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APPR~~TED A T~ LE~A.L FDIC;
JDII~ , ~II~T, INTE~.VI CITY ~ATTDRI~TE~Y
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EHIB~T A
section 35.14,~,A.1 of the Denton Development ode is hereby amended to red a~ foYlow:
~~gle family dwellings, T~va ~2} pace per dwelling unit; the spaces cannot be tandern arkin r p
spaces, l~or du lexes ane a.ddlt~anal ar~rn s ace ~ re aired for each dd1tional bedroarn over
three bedrovnas.
section 35.23.2, of the Denton Development bode is hereby amended to read rollows:
t~'llCtlire' . .
+ i ~ ~
r ~~e An edifice of any bind ar any piece of ~vor~ ar~if~cially built
' up ar composed of parts ~ o~ned together which requires location an,
ins or above the ground ar which is attached to something having a location on, in or above the
ground, ~'latarl~ or in-ground ing_~aa~ are excluded.
~~~r.~~+ni+ir nirltn~~ti~~n ~r~~t~i 4~ I1CCe~w1~r ~ ~ ~7L1 ~L4Lil1.+ a~ th4r ti7LL11iV ~~4 ►'1~ 1~,1~L~ LL~11~
is incidental and subordinate to, the principal structure.
. • i F r
~ r ~ . ~
r r ~ r ~
. r
I . Flat~vork in- ound ~immin gals acrd fences
ar walls used as fences are excluded,
The following de~nitior~s will be added to the ubeh,apter 35.23.2;
Flatwork: An irr~ ea~vious area constructed at ode such as drives s and walla, s.
trr~cture Pr%ncY : The structure in which the ri ermitted use ofthe lot on which the
structure is located and conducted,
I
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Planning and Development Department
ACM: Fred Greene, 349-8354
SUBJECT - MPC07-0001 (Inspiration)
Consider the adoption of an ordinance of the City of Denton, Texas, for a zoning change
from a Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2
(NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment
(CM-E), and Planned Development 13 8 (PD-13 8) zoning districts to the Inspiration
Master Planned Community (MPC) zoning district classification and use designation; the
area for zoning change encompasses 3,331 acres of land located on both sides of I-35W
between Robson Ranch Road and Vintage Boulevard and is legally described as certain
tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey,
Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract
Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett
Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in
the City of Denton, Denton County, Texas, providing for a penalty in the maximum
amount of $2,000.00 for violations thereof, severability and an effective date. The
Planning and Zoning Commission recommends approval (7-0).
BACKGROUND
Applicant: Larry Reichhart Grapevine, TX
This rezoning request was tabled from the June 17, 2008 City Council meeting. The
applicant was directed to work with the Robson Ranch developer to create adequate
buffering between the existing and proposed land uses within both Robson Ranch and
Inspiration. The buffer arrangement should include the location of the buffers, fencing
type, buffer depth and maintenance responsibilities.
The applicant is requesting a Master Planned Community (MPC) zoning district on a
large, primarily undeveloped tract of land in the far southwest area of Denton. The
applicant is proposing to develop the approximately 3,331 acre site with a mix of
residential, retail, commercial and open space/recreational uses. The proposed zoning
plan depicts approximately 2,846.2 acres of residential development and 484.2 acres of
mixed use development. The Master Planned Community will include schools, trails,
parks, ponds and community centers.
A maximum of 11,914 single family dwelling units and 3,408 multi-family dwelling units
are being proposed. The average single family density will be 4.5 units per acre and the
ratio of single family to multi-family units will be 77.8% to 22.2% (the ratio is based on
maximum densities allowed within each zoning district). A higher density mixed use
regional center is proposed near the intersection of I-35W and Allred Road in addition to
other community and neighborhood mixed use centers.
The applicant held a neighborhood meeting on Tuesday, March 25, 2008 at Fire Station
No. 7 located on Vintage Blvd near the subject site. Approximately 25 residents from the
Robson Ranch community were in attendance. Concerns of the residents in attendance
are reflected in letters from three of the attendees (Exhibit 14). A list of the citizens in
attendance is included in Exhibit 4
A second neighborhood meeting was held at Robson Ranch on April 16, 2008.
Approximately 250 citizens were in attendance. Concerns of the Robson Ranch residents
expressed at the meeting included traffic on Robson Ranch Road, lack of a buffer
between Robson Ranch and the proposed single family development within Inspiration
development, the location of the proposed elementary school and park adjacent to
Robson Ranch and the location of the multi-family zoning along Robson Ranch Road.
Two hundred twelve (212) courtesy notices were sent to addresses within 500 feet of the
subject property and seventy five (75) certified letters were sent to property owners
within 200 hundred feet of the subject site advising the surrounding neighbors/property
owners of the Planning and Zoning Commission public hearing. To date, a total of six (6)
responses neutral to the MPC zoning, seven (7) responses in favor of the MPC zoning
and twenty seven (27) responses in opposition to the request were received. These
numbers includes all responses received to date. Property owner responses from owners
within 200 feet of the subject site and within the Denton City Limits are as follows:
• In opposition - 21
• In support - 2
• Neutral to the request - 3
These responses are illustrated in Exhibit 13 Notification Map.
Property owners in opposition to the MPC request represent less than 5% of the land area
within 200 feet of the subject site (Exhibit 13). The majority of the opposition letters are
from Robson Ranch residents. There are 34 single family lots (approximately 2,465 linear
feet) within the Robson Ranch community that abut the Inspiration MPC.
On April 23, 2008, the Planning and Zoning Commission voted to recommend approval
of the Inspiration MPC (7-0) with conditions which address the concerns of the Robson
Ranch residents. The applicant is in agreement with the proposed conditions which
include the following:
• The relocation of the elementary school shown adjacent to the Robson Ranch
property.
• The relocation of a private park shown adjacent to the Robson Ranch property.
• The relocation of some of the proposed multi-family development along Robson
Ranch Road.
• Residential lots within the Inspiration MPC and adjacent to the Robson Ranch
property will be the same size or larger than those within Robson Ranch.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
1. July 1 1, 2007 Planning and Zoning Commission Work Session
2. August 8, 2007 Planning and Zoning Commission Work Session on Planning Issues
3. August 22, 2007 Planning and Zoning Commission Work Session
4. March 26, 2008 Planning and Zoning Commission Work Session
5. April 23, 2008 Planning and Zoning Commission Public Hearing
6. June 3, 2008 City Council Work Session
7. June 17, 2008 City Council Public Hearing
EXHIBITS
1. Staff Analysis
2. Letter of Intent
3. Fiscal Impact Analysis
4. Current Zoning Map
5 . Planned Development 13 8 (PD-13 8)
6. Robson Ranch General Development Plan and Permitted Uses
7. Proposed Zoning Map
8. Future Land Use Map
9. Development Plan Map
10. Phasing Map
1 1. Trails Map
12. ESA Map
13. Notification Map
14. March 25 Neighborhood Meeting List of Attendees and Letters of Concerns
15. Letters in Response to Notification
16. DISD Letter of Support
17. Denton County Historical Commission Letter of Support
18. Conceptual Transportation Impact Analysis Executive Summary
19. Subchapter 35.7.12 Master Planned Community (MPC) District
20. Planning and Zoning Commission Minutes
21.Ordinance
Prepared by:
ti..
Lori Shelton, AICP Res ectfull submitted:
Senior Planner ~ p y
Mark Cunningham, AICP
Director of Planning and Development
EXHIBIT 1
PLANNING ~ DEVELOPMENT
STAFF ANALYSIS
CASE NO.: MPC07-0001 DATE TO BE CONSIDERED: July 15, 2008
LOCATION: The property is generally located on both sides of I-35W between Robson
Ranch Road and Vintage Boulevard
APPLICANT: Larry Reichhart Spring Brook Planning Group
2405 Mustang Drive
Grapevine, TX 76051
OWNER: Petrus Inv. LP
13 600 Heritage Parkway, Ste. 3 00
Fort Worth, TX 76177
REQUEST: Consider the adoption of an ordinance to rezone approximately 3,331 acres
of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-
1), Community Mixed Use Employment (CM-E), and Planned
Development 13 8 (PD-13 8) zoning districts to the Inspiration Master
Planned Community (Inspiration MPC) zoning district.
PLANNING AND The Planning and Zoning Commission recommends approval (7-0) with the
ZONING following conditions:
COMMISSION • The relocation of the elementary school shown adjacent to the
RECOMMENDATION Robson Ranch property.
• The relocation of a private park shown adjacent to the Robson
Ranch property.
• The relocation of some of the proposed multi-family
development along Robson Ranch Road.
• Residential lots within the Inspiration MPC and adjacent to
the Robson Ranch property will be the same size or larger
than those within Robson Ranch.
DEVELOPMENT The Development Review Committee recommends approval of this
REVIEW COMMITTEE rezoning request.
RECOMMENDATION:
COMPREHENSIVE The subject site is located within the Regional Mixed Use Centers,
PLAN DESIGNATION: Industrial Centers, Neighborhood Centers, and Commercial Mixed Use
Centers future land use designations.
SITE AND The approximately 3,331 acres site is generally undeveloped and some
SURROUNDINGS: portions are currently used for agriculture. The property is within
Agriculture (A), Industrial Center General (IC-G), Neighborhood
Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community
Mixed Use Employment (CM-E), and Planned Development 13 8 (PD-13 8)
zoning districts (Exhibits 4 and 5). Planned Development 138 was approved
in 1991 and contains 920 acres of land. The Development Plan Map
(Exhibit 9) shows 795 acres of proposed business park and 103 acres of
floodplain. The remaining 22.3 acres was designated as right of way.
Permitted uses include manufacturing, retail, commercial, institutional,
recreational, farm and ranch and accessory uses. There are 2 existing gas
well sites on the property and 18 pending gas well plats pending for
development.
North: West side of I-3 5 W: Cole Ranch MPC; undeveloped residential and ETJ
with gas well development and sparse residential development
East side of I-3 5 W: PD-13 9 ;undeveloped with significant amount of
floodplain.
South: West side of I-3 5 W: ETJ; undeveloped
East side of I-35 W: and ETJ; developed with a residential subdivision
East: West side of I-3 5 W: Interstate 3 5 West
East side of I-35 W: PD-174; partially developed residential subdivision
(Country Lakes North)
West: West side of I-3 5 W: PD-173; partially developed residential subdivision (Robson Ranch)
East side of I-35 W: Interstate 35 West
The Cole Ranch MPC located to the north of the subject site was approved
by the Denton City Council on February 5, 2008. The master planned
community consists of 3,256.92 acres and will consist of commercial, retail,
office, single family and multifamily land uses. The estimated residential
development within the Cole Ranch MPC will consist of 6,182 single
family homes with an overall gross density of 2.9 dwellings per acre,
2,621 attached single family homes with a maximum of gross density
of 12 units per acre and 2,800 multi-family units with a maximum
gross density of 30 units per acre.
The Robson Ranch community (PD-173) was approved by the Denton City
Council on July 17, 2001. Robson Ranch consists of approximately 2,275 acres. The approved Robson Ranch General Development Plan allows no
more than 7,500 residential units with a gross residential density of 2.75
dwelling units per acre. The approved General Development Plan allows
residential, neighborhood services, outdoor recreation, community services
and parking land uses. Commercial land uses are permitted along Robson
Ranch Road, Lively Road and Florence Road. A copy of the approved
Robson Ranch General Development Plan for the portion of Robson Ranch
adjacent to the Inspiration MPC and a list of permitted uses are attached as
Exhibit 6.
BACKGROUND The proposed master planned community is made up of approximately
INFORMATION: 3,331 acres and is estimated to be built out in about 25 years. The proposed
development plan shows 796.7 acres of open space. The designated open
space and stream buffer areas are over 1,100 acres and represents
approximately 34% of the total land area. There are 20 gas well pad sites
shown on the Development Plan as NR-1(N) zoning districts. Two are
developed gas well sites and the remainder of the sites have been leased.
Pilot Knob is a local historic site located on the west side of I-3 5 within the
proposed MPC. The proposed MPC ordinance will require 74% of the Pilot
Knob area to be preserved. A proposed trail system (Exhibit 11) will
connect the Pilot Knob area with other open space, parks and
neighborhoods. The applicant worked with the Denton County Historical
Commission (Exhibit 17) to preserve the pilot knob area and enhance the
site for the enj oyment of the public.
ANALYSIS:
Comprehensive Plan On March 27, 2007, City Council adopted an ordinance that exempted
Analysis: Master Planned Communities from the requirements of processing a
Comprehensive Plan amendment as part of the MPC proposal if the MPC
incorporates the goals and objectives of the Denton Plan. The proposed
MPC proposal is generally consistent with the goals and objectives of the
Denton Plan and land use designations contained therein.
Currently, the City of Denton Comprehensive Plan Future Land Use Map
shows four future land use designations within the Inspiration (Exhibit 8). These include Regional Mixed Use Centers, Industrial Centers,
Neighborhood Centers, and Commercial Mixed Use Centers future land use
designations.
"Regional Mixed Use Center" future land use areas are intended to
contain the shopping, services, recreation, employment and institutional
facilities supported by and serving an entire region. A regional activity
center could contain developments such as a regional shopping mall, big
box retail, superstores, restaurant and entertainment facilities, a high school
or community college, and high-density housing.
"Employment Center" future land use areas are intended to provide
locations for a variety of workplaces, including limited light manufacturing
uses, research and development activities, corporate facilities, offices, and
institutions. Employment centers are also intended to accommodate
secondary uses that complement or support the primary workplace uses,
such a hotels, restaurants, convenience shopping, and child care. Adequate public facilities shall be a criterion by which zoning is granted.
"Industrial Centers" future land use areas are intended to provide
locations for a variety of work processes and work places such as
manufacturing, warehousing and distributing, indoor and outdoor storage,
and a wide range of commercial and industrial operations. The industrial centers may also accommodate complementary and supporting uses such a
convenience shopping and child-care centers. Adequate public facilities
shall be a criterion by which zoning is granted.
"Neighborhood Centers" future land use areas develop in conventional patterns or may be developed in a pattern of `neighborhood centers' .
Neighborhood centers are oriented inwardly, focusing on the center of the
neighborhood and containing facilities vital to the day-to-day activity of the
neighborhood. A neighborhood center might contain a convenience store,
small restaurant, personal service shops, church or synagogue, daycare,
individual office space, a small park and perhaps an elementary school.
The proposed Inspiration Development Plan (Exhibit 9) includes zoning
districts representing Neighborhood Centers, Employment Centers,
Regional Centers, and Community Mixed Use Activity Centers. No zoning
representing the Industrial Centers future land use category is proposed.
Development MPC Requirements
Code/Zoning Analysis
Subchapter 35.7.12.3 provides the application requirements for MPCs. The
MPC Zoning Document (including Development Plan Map) and the MPC
Development Standards Document shall, as approved by the City Council, become a part of the applicable development regulations in the Denton
Development Code within the respective MPC District. Subsequent
changes to the MPC documents and map shall be made in accordance with
Section 35.3.4 with the exceptions set forth in Section 35.7.12.8 (minor
amendments).
A. The application shall describe the purpose, nature and
characteristics of the proposed MPC district including, but not
limited to, the proposed development unit use or uses to be
conducted in the district in a manner sufficient to enable preparation and consideration of regulations governing
permitted and specific uses, site use and other development
regulations which may be appropriate to govern development,
use, and maintenance of the sites included within the MPC
district. The application may be in three stages as set forth
below:
1. Conceptual/Schematic Phase: A conceptuaUschematic
plan submittal to be reviewed by the Development Review
Committee prior to the submittal of MPC Zoning
Document and MPC Development Standards Document. The MPC Concept Schematic is designed to aid the
Developer and the City in preparing a complete MPC
Zoning Document and MPC Development Standards
Document application. The MPC Concept Schematic may
be referred by the Chair of the DRC to the Planning and
Zoning Commission and/or the City Council for review and
comment but typically, these are reviewed and approved by
the DRC.
2. MPC Zoning Document. An application and development plan to be reviewed by the Development Review
Committee and Planning and Zoning Commission, whose
recommendations are forwarded to the City Council for
review and approval. The MPC Zoning Document
establishes zoning -standards for a Master Planned
Community and typically addresses land uses, densities,
setbacks, building heights, lot coverage and specifically
identifies where there are deviations from the adopted
Denton Development Code. The MPC Zoning Document
shall include a Development Plan Map.
3. MPC Development Standards Document. A detailed set
of development standards that are reviewed by the
Development Review Committee and recommended for
approval by the Development Review Committee Chair, the
Planning and Zoning Commission and approved by the
Denton City Council. The MPC Development Standards
Document sets forth the developers proposal for and
confirms compliance with the Denton Development Code
Chapters 13, through 22 and/or identifies the alternative
development standards associated with the content of each
of those Chapters of the Development Code. An application for an MPC Development Standards Document
may be submitted for approval concurrently with the MPC
Zoning Document and shall be required to be submitted
with the MPC Zoning Document when meeting the
conditions set forth in 35.7.12.2.D.
The Development Review Committee has found that these requirements for
a MPC application have been met and are included in this document as
Exhibit 3 (Fiscal Impact Analysis) and Exhibit 21 (Ordinance).
Zoning and Development Standards
Pursuant to Subchapter 35.7.12.2.D.1 of the Denton Development Code, the
Inspiration MPC must comply with the Code, except where modifications
are proposed. The applicant has submitted a MPC Zoning Document and
Development Standards Document that outline the alternative development
regulations and standards that deviate from the provisions of the Denton
Development Code. Those standards are included in this report as e~ibits
in the Ordinance (Exhibit 21).
The following are alternative development regulations and standards from which the applicant is proposing to deviate:
Neighborhood Districts
The applicant has created four additional zoning districts to be included in
the MPC ordinance: Neighborhood Residential 1N (NR-1(N)),
Neighborhood Residential 10 (NR-10), Neighborhood Residential 15 (NR-
15) and Neighborhood Residential 20 (NR-20). The NR1-(N) zoning
district is restricted to gas well development and agricultural uses only. The
NR-10, NR-15 and NR-20 zoning districts offer a variety of high density residential uses including attached single family, duplexes, live/work units
and multi-family with densities ranging from 10 dwelling units per acre to
20 dwelling units per acre.
Mixed Use Districts
The proposed MPC zoning document also includes four zoning districts:
Mixed Use Neighborhood District (MiJND), Mixed Use Community
District (MUCD), Mixed Use Regional District -Employment (MURD-E),
and Mixed Use Regional District -Commercial (MURD-C). These districts
are similar to the existing NRMU, NRMU-12, RCC-N and RCC-D in the Denton Development Code. The MiJND and MUCD districts will be
neighborhood oriented with a variety of services and high density
residential uses and the MURD-E and MURD-C zoning districts are
oriented to a regional market.
Development Thresholds
The Inspiration MPC provides development thresholds above the
requirements of the DDC. Thresholds include minimum lot size
requirements and minimum house sizes of 1,600 square feet. The MPC will
require a ratio of single family to multi-family development of no less than 77.8% to 22.2%. The MPC will also require that a minimum of 2,500
single-family houses be constructed prior to any multi-family units being
constructed. A complete list of proposed thresholds as well as all proposed
development standards can be found in the attached Ordinance (Exhibit 21).
General Regulations
The proposed General Regulations section of the Zoning and Development
Standards Document provides maximum heights, lot coverage and setbacks
for the zoning districts. The proposed regulations are generally consistent or more restrictive than the General Regulations found in the DDC.
Landscape and Tree Canopy Requirements
The proposed tree canopy requirements found in the Inspiration MPC are
generally less than those found in Subchapter 13 of the Denton
Development Code. For example The NR-1 through NR-6 zoning districts
are required to provide 50% tree canopy coverage in the current DDC
standards. The applicant is proposing 40% tree canopy coverage for those
zoning districts.
The proposed residential landscape requirements are less than those in the
DDC. The landscape requirements for the mixed use districts are consistent
with those in the existing DDC requirements
Due to the large proportion of open space and stream buffer area proposed
for the development, 34% of the entire development, the required tree
canopy for the individual zoning districts is acceptable.
Street Tree Requirements
The proposed Street Tree Requirements are consistent with the current
standards found in the DDC.
Access, Parking and Circulation Requirements
The proposed MPC development standards will allow parking spaces above
the number allowed in the Parking Standards section of the ordinance
without the requirement to provide impervious pavement for the additional
spaces. The developer will be required to provide additional tree canopy,
open space or permeable paving may be used to mitigate the additional
spaces.
The proposed standards allow parking between the building and the street in
the MURD-C and MURD-E zoning districts and in the MUCD zoning
district along Robson Ranch Road only. Parking between the building and
the street is also allowed along I-3 5. Additional screening, buffering and
landscaping is required when parking is located between the building and
the street.
Site Development Standards
The proposed standards are generally more restrictive than those found in the DDC. One hundred percent (100%) of the front of all residential
structures shall be masonry. The total percent of masonry on residential
structure shall be no less than 80%. These requirements apply to both single
and multi-family structures as well as non residential and mixed use
buildings.
Parking Standards
The applicant has provided parking standards to replace those found in the
DDC. Generally, the proposed parking standards allow more parking for retail uses, medical office and other office uses than currently allowed in the
DDC. For example the applicant is proposing a ratio of one space for every
250 square feet of gross floor area for general retail; the DDC requires one
space for every 300 square feet of gross floor area. The proposed general
office use category is required to provide one parking space for every 450
square feet of gross floor area; the proposed ratio is one for every 250
square feet.
The applicant has compiled the proposed parking standards from industry
standards from the American Planning Association and a variety of local
communities including the Cities of Fort Worth, Frisco, Southlake and McKinney.
Environmentally Sensitive Areas
The Inspiration MPC contains approximately 1,073 acres of
environmentally sensitive areas (ESAs), composed of floodplains, stream
buffers, and upland habitats. Approximately, 75 percent (805 acres) of the
ESAs will be preserved. The three knolls, including Pilot Knob,
dominating the natural landscape of the subject property will be preserved
in some extent. Most of the preservation would occur in Pilot Knob, where 74 percent of the upland habitat and natural topography would be preserved.
The remaining 25 percent of ESAs that would be disturbed will be subject
to mitigation. The developer has agreed to mitigate by enhancing existing
ESAs within the Inspiration MPC at a 2:1 ratio of enhanced ESA to original
ESA, relocating the impacted ESAs to protected open space areas outside
the original ESA areas on an acre-for-acre basis, and/or incorporating
integrated Storm Water Management (iSWM) techniques and practices into
the development of Inspiration.
Inspiration also includes a 22-mile trail system interconnecting ESAs within
the proposed planned development and the Cole Ranch MPC located to the north. The trail system will connect preserved upland habitat areas, stream
buffers, and floodplains through vegetated corridors. The trails are
designed to take advantage of existing ESAs and easements, and proposed
open space major thoroughfares. The planting of native species along the
trails would provide habitat for transient wildlife species. The trail system
includes a 20-foot planting buffer parallel to the trail walking path. The
selection of plant species would depend on the location of trail in
relationship to existing ESAs and thoroughfares. If disturbed, ESAs will be
re-vegetated exclusively using a variety of native plants while planting
buffers along major thoroughfares will be landscaped with native and
drought-tolerant adapted species.
Park Land Dedication
The Inspiration MPC will be required to dedicate public park land as
required in the Park Land Dedication Ordinance (98-039) in addition to the
private park land to be owned and maintained by the property owners
association. The public park land will be identified in the platting process
and is estimated to be 100 acres of public park land.
Property Owner Association Requirement
The Inspiration MPC will be required to create a Property Owner
Association (POA) to maintain all common property not dedicated to the
City of Denton. The documents establishing the POA will be required with
the first final plat application.
Denton Municipal Airport Overlay District
A portion of the proposed Inspiration MPC is within the boundaries of the
Denton Municipal Airport Overlay District as shown in Exhibit 9, Proposed Development Plan. The boundaries are labeled as Airport CLUD 2 Zone
Limit. Subchapter 35.7.4 of the DDC requires development within the
Airport CLUD 2 Zone to meet the noise mitigation standards found in
Subchapter 3 5.7.4.12 or provide an avigation easement. An avigation
easement conveys to the City of Denton an unobstructed right-of way for
the passage of all aircraft and rights to cause within such easement such
noise, vibration, fumes, dust, fuel particles and all other effects that maybe
caused by the operating or craft landing at, taking off from, or operating at,
the Denton Municipal Airport. The proposed Inspiration MPC ordinance
will require both an avigation easement and the application of the noise mitigation standards.
DEPARTMENT AND The proposed Inspiration MPC has been reviewed by the Denton
AGENCY REVIEW: Development Review Committee for issues related to requirements of
Subchapter 3 5.7.12 Master Planned Community (MPC) District in the
Denton Development Code. Preliminary transportation, water, wastewater
and drainage studies have been prepared by the applicant and reviewed by
the appropriate City of Denton consultants or staff to ensure that the
provisions for public schools, fire protection, law enforcement, water,
wastewater, streets, public services and parks are adequate to serve the anticipated population within the MPC district
The master planned community will be required to apply for a general
development plan which will require more detailed engineering studies.
After the general development plan is approved, a preliminary plat may be
submitted for a portion of the property. Again, more detailed engineering
plans are required. A final plat must be approved and filed with Denton
County prior to any construction. The applicant will be required to provide
construction plans for the public improvements (streets, water and sewer
lines) as part of the final plat application.
FINDINGS: Pursuant to Subchapter 3 5.7.12.6, before approval or adoption of an
application for a MPC Zoning Document, the Planning and Zoning
Commission shall find:
A. That the development proposed furthers the goals of the Denton
Plan. The proposed Inspiration MPC is consistent with the Denton
Plan. The growth management section of the plan encourages a
wider range of land uses to coexist within close proximity to each
other. In addition, the Denton Plan encourages residential
development that establishes a variety of lot sizes, dwelling types, and housing prices.
B. In the case of proposed residential development, that the
development will promote compatible buildings and uses and that it
will be compatible with the character of the surrounding area. The
proposed plan offers a ratio of single family residential use to
multi family uses of 77.8% to 22.2% with the high density
residential near or within the neighborhood centers. These centers
are located throughout the development anchored to major
intersections.
C. That the provisions for public facilities such as schools, fire
protection, law enforcement, water, wastewater, streets, public
services and parks are adequate to serve the anticipated population
within the MPC District. The applicant has provided preliminary
engineering studies to demonstrate adequate public facilities.
Additional engineering will be required as the project moves
forward. The applicant has worked with the Denton ISD to
determine locations for the future needs of the school district within
the Inspiration MPC. School District officials have determined the
proposed school sites are adequate for future needs of the area. Fire protection and law enforcement needs will be accessed as
development occurs. Locations for fire stations and other public
services will be determined as Inspiration as well as other land in
the area is developed.
D. In the case of proposed commercial, industrial, institutional,
recreational and other non-residential uses or mixed-uses, that such
development will be appropriate in area, location and overall
planning for the purpose intended. The proposed commercial and
mixed uses are needed in the southwest part of Denton. Currently
no retail or employment opportunities are available in that area.
E. That the development is fiscally sound, as demonstrated in the Cost
Impact Analysis, and is consistent with adopted policies,
infrastructure plans and applicable Capital Improvement Programs
(CIP) and that the Development Plan sets forth the phasing and the
plan for paying for the infrastructure and responsibilities for
payment. The applicant submitted a Fiscal Impact Analysis
(Exhibit 3) to demonstrate the project is fiscally sound. The Fiscal
Impact Analysis was reviewed by the City of Denton Director of
Finance.
EXHIBIT 2
Letter of Intent
Ja~x~y 4~ ~~007
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M~e~irn PM~nir~ Oire~b~ r of ~e~~bn
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Ids: ZQ~0013 - Il~laeber Pla~ne~d Oa~nmunigr {III) ~ee~ ieeia~ ia~ Inepiratia~~
~iom~aAy Flunle~ Ranch)
141. Locldsy.
~4e you b~ow~ ~s bane~On i~om a e~ai~l~t zany case b ~s 141aebe~ Planed
G~ammunpq► ~14~ )Zoe ~ie~ app~afan hae b~e~en I~hl!► an~ipa~d by ue.
Apa~bn Camm«r~ifee {lhs ~svelapar) Isere a~eeeml~led a p~vfeerebn~l clee~pn beam wi1~ a F~xo~rd unde~eta~r~ of ~s sal eels irx~~e~ry w~1~ Ihs e1dMe and la~owleclps
naoeesary b cis an aoasmpMry place wNh appah a i~ar paapb ~a ~r~s~ wak
and ~s~aa~als. The ~n ie wsM inlsprabsd with saoreneiws ea~aries in canm~~nigr
pMmni~~~ vi~ebnir~p~ asc~~al clee~n~ M~xlecap~ c1s~n~ a~a~ome~~ie~led
ae~vios and clsvalapma~t and inductee:
~ Ape~io~ Oamm~~r~itiee -Lsmd ~svalapme~t
Spy brook Pta~x~in~ C~a~p - Pdio~►~ Zak and PM~nin~
E~A~M~ Inc. -Plan~~~ ~h#xe~n Da~ei~n and I.a~nclecap~s A~d~sah~rs
C~aalwin and I~la~dral~ Inc. - rA 6r~p~nse~ir~p
fi~ein PM~x~ir~ and I~Aan~e~na~t- Financial A~tfll~eie
Vile ba~svs I~at ws ass p~orri~in~ a cample~s ~+ea~~limieeian in auppart of our MPS
sipp~ca~tbn r~rhi~h ~nduclee:
nd~rds: Zoning Oiehiate~ L~mi a~~e a~x! dal lid ~e
Deei~n Gwaicle~nee wl ~nckxle~e:
~ risv~r
o hlei~l~bo~t~ood tai
a Ard~iieciu~al ~sei~n Gui~ieKnae o Reeidsnial Ard~sc~~ral 0~ee~n C~u~lse
a hlo~f~~eeide~tial An~~aca~al Dee~pn C~~ide~r~ee
o ~4~d~i~eClu~s O~wslopme~t
~ Lsnx~ecaps ~n
Pepaaora
• F1xa11rtgactMayefe
• PIm~iG +4nNeie
• 8d~vol Mayeie
A14PS:
• P~apassd Zaig Map (Osvsbpment PIanJ - FxNblt 7
• P~apassd Zaig Map w! Open BpacN ~A ovwlay- ErhdR 2
• Plmd~gMap-F~dtl61t3
• E~felfnpCo~x/faieMap-E~d~lbk4
• EnvMvnnwKnNy Swr~fvs Map-E~d~ibk 3 [Inductee AMwnafus ESA Plm)
E~fed~gZanYupMap-Exhiblt8
Infrystructu~v pnplyslslplsns:
Oa~appml p►n~ps plan
• Oa~ptual Mol~Mb da~+
• Oaxaphu~l Sewx Plan
Oa~appml WtKar Layout
Pro~wQ~ ~ar~lptlons: wars aubm~tsd at hs Ims of hs a~fnal aubrtM~l.
Proles Summwy:
~~nyiLand ilea:
Aparbn Canmunlhe fe papaefn~ b dsvsbp a Manx Pknxd RwNopnanl on hs
3,3911 aQS popwy. Ths popaesd mid ams~dma~t b also fn w~juidwi tiwMi a
oom0~+s~efys d~ amwxl~nent IClbB-0008]. Ths aodetn➢ ~+G on lhs G~W~b
(Edi6it 8] mefeEe o1:
• 89s ac~ee of EC-I fERObY~nt Ow~te~a I~duebinl]
• s4s of a~~ doom ~a u.. ca,N~
2BS aaw ROGD ~Rspfa~al Cwxwe Oommwdal Oow~NOwn)
24s aow of faOC~l (fb¢w~l Ce~Aws Commwdal H~iphbo~liwdeJ
• ~t sties of RCR-1 I~scional Ow~ta~e Reehfe~lkd 1l
• 1Qtnaeeofl~2[FlefaNba~NoodRaefde~fal2]
9171 Hasa of PR138 (Pkw~sd Osrsbpnwx 138]
• 2,188s ease of A ~Ap~iaAhas)
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A m~ninum of ~+DO ~~1~-ia~mMy ha~ese I bs ~o~educMe~d p~#vr~v any
~nu~fa~ly un~e b~ein~ oa~e~uo~d.
''ll~s SirFairnMy b mu~fan~ly ~a~iv may ~~enr~ svo~e~! T ~i~ri~rnAy un~e b
2~9b mul~fiaimAy un~e ~ ~s aon~b~ of lhs p~o~e~t.
V Ihs eaoceplbn of F ~ ~1+~~ #~s here w~eM elyde~ #~s ds~~+eitise of #~s I ~ -1+ 6 c~e~ri~ts ass i~snic~ b lt~aes ~n ~s Osvslop~nent Oads. B!► a ~ela~iwelY
~~s amaa~r~t of bw~ ds~~+e walap~ns~t ws ars awls ~o amain an am eir~s
de~~e~gr {k+c ~+eee) of app~oad~rna~~r ~ u~r~1e per aas.
A,e ide~~l~~e~d al~ovs~ ~s ~~n fay ~o m~~lifamly ra~iv ion the p~o~e~t ~e capp~c! apt
79°~O S~ ~0 21 °~b I~IF ws~ below ~s d ae1~e~~eArs Plan ~o~l of 8096 SF a~~d 44°~O
1~. At no Isms wl~ Ids ~a~o evoossd 7~°~6 Ma 2~°~6 and nv m~ nMyr urge wl~ bs
oa~+eiu~bed unll a rr~nirnum of 200 eir~l~far un~e I~enrs been pe~m~sd {~u~Mt or
«rxler co~ebnon).
loan ~o~as ~ ESA:
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a~se~e ir~ir~ uple~rx! I~ihNtat bo~ir~ 2~4. a~ae~e.
l~Rk~nd E~del~r~ P~apaeed P ais Fkrb~it A~e~ I~ne~!
A 'I ~6 X8.0 4~ °~O
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B~B.T T~.O T~9b
~ A A '10096
Total 64 ~ ~0 x+8.996
Oaf 1hs lour a~s~e~ a~l!► a~sa "A' class no+t mee# #~s o~ds ~ec~uirsme~t of
rs~n~n~ o of ~s a~s~a. Ae rr io~~~ ws ass p~opoe~n~ ~a:
• Re+~eiin a ba+~l of ~B.~9b of Ihs ~o+tal uplaind h~bRat on eds.
• Re+~eiin 7496 of PMo# Knob in Abe a~rre~t n~ahanaN ems.
• ~svelop or p~s~esnr~s a minimum of 20i9b of Ihs en~rs cle~yslopmsnt ae p~rlc~ open
~paos a~ p~e~s~v~tio~~ A] area.
ear
1Ms be~svs fat oar p~opoee~! ~wslop~ne~~t Plan and ~pe~ ~p~ros f E 4 Pk~n ~ t aooo~~eh a v~rie~r of abje~#nr~e~e icle~ilisd in ~ubdxap+~e~ ~7;
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eodein~ ~.Ix! FIaF~tat.
• It aMo~w~e for des cl~~e~ir~ of development ~a minbnfms #~s brpac~t ~a Ihs naMural
srnr~i~a~xnen~
• It p~ohridee opporhan~gr ~ link n~hanal a~s~~e ~a pla~r+~sd open ep~aoee ae part oaf an
ovs open epos ey n.
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app~o~ved wily #~s I~IP .
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and ambNio~ue ~ow~~-h~ r~. The oom~nu~r r wl~ ~i~h ~eelf I~ra~h p~cleeiie~n
a~ie~~e~d c~e~ei~n~ ~n~ ~~se1e nslae, a poe~liws ~~p b~el+~ee~
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EXHIBIT 5
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EXHIBIT 6
Robson Ranch General Development Plan and Permitted Uses
" ' Inspiration
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EXHIBIT 8
Future Land Use Map
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EXHIBIT 13
Notification Map
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1 in opposition
16 in opposition
4 in opposition
FT
Public Notification Date: April 13, 2008
200' Le al Notices* sent via Certified Mail: 75 Areas of opposition
g 500' Courtesy Notices sent via Regular Mail: 212
Number of responses to 200' Legal Notice
■ In Opposition: 21
■ In Favor: 2
■ Neutral: 3
Percent of land within 200' in opposition: <5
Note: Only property owners within the Denton City Limits were counted in numbers above.
EXHIBIT 14
March 25 Neighborhood Meeting
List of Attendees and Letters of
Concerns
Fr+arn: 'Jim Erickrr' ~~eerir;l~angr~nde~m_ne~
T~: ~lari_~heften - .parr
Dom: ~ ~ AIM
ubjt In~pirn de~re~pmerrt
My rife, Betty Eriran: attended de~relapera~ ~f~rmatianal held at fire ~latian ~evena last
e~renirg_ the ir~di~ted that you felt it would be helpful if vie woad emai you tic conoern~ rard~g
~t development.
beierre that 1 ~ n~rnber ~f general ~onaern~, mast of whiff were pr~bebly raised of the meeting.
Most of them rte ~ R~ den~~y of de~relopment and an ~adequ irrfraur~ to
~d ~ Them ~ alp the reaagnitien that density of the pr~po~ed development i~ in ~ontrt ~ the already ~ Retn F~anc~tr_
woad ike eddy a eanaern: ikefy shard all of thou who ride an east side ~f Perimeter ~ AI ~f these hour a~ sine ~ h~orrMes, ringing fmm 1~~ ~ s~uar~ feed
Thee base lots are x 11~'. There i~ a narrow buffer behind the b1~ to ttre Robson Inch subdivision
line. The de~irabiilt~r of heu hand Sequent market valued hay largely been the unobs~x.#ed
view ~f Pilot I~nab_ I am nequting that prior any nag change, that bolder agree #e r~hict thane hour imrrrediately abutting Perimeter meet to one Mary homes on lad
not less than l' 11
am also r~grtir~ thaf the developer' build a landaped buffer ad~aeent ~ the F~obson Ranch preperly,
~ wel as same Ind ~f barrier to pr~e~rent I nspration r~ident~ from a~e~sing the private preperty ~f
Rahn Inch.
de not believe theme r~ques~ urronable: ins+af~r as they are simply ag the de~relaper
rrerrferm ~ar°a~#eristi~ of the rreighbmir~g ~orrrrK~nity_ I thank you far y~rr ~t and attention to
theme rreneerns_
,lim Erickn
g1 ~ Perimeter meet
Denton: T
From: and lathleen any ~°andkwa~nyhotmail.ar
T~: 'Shelfan~ Loner Mori_sheft~anCityofden#~an.rr
~bje~t ddifatial conoems from ~ ident
Lai, this email is from y Ta~~ who attended meetir~ an Tuesday ~ht` He li+r on Penmer ~
From= gta~gironplanetcomTo: randkwa~nyhatlrrail.~a: nfar~randecom_netDate: Thu, 7 Mar
~ ~ x:09= ~7~ject` A~ddit~anal concerns
Kathleen,
Sane of my concerns ~ Does the antiapd gr~wlh of the new ~eveloprrrent exceed D+entonrs avaiable ser~rices for water,
serer, paice, fro: within ther build-art ?
~ ~r,in~ the fiat phase of construction, the ~ onto Robson Ranctti Fad seem ~ irr~i~te
potential h~exressive traffic for the ~g road_ ~ My previous errrail to Laru} R~eichhart speaks to my concern that if lhey build right ~ th the fence
them cold be a risk for firo and na way for the Firs ~eparhnent ~ rem ~ fire except ~ throw
F~abson's proporty_
~ I don't feel tt~ there is a sufficient reason back sctraol up the Babson prope~Y line. Lary seerrred indite an Tuesday that the schod cold be relooated_
~ The hea~ry arcen4~tion of aparaner~ts conoems me_ 14th experience in Ir~irrq is that ~ units
have a year life before needing major refurhishing_ If this developer sell the units then the next generation of awner~ and resider aro less than stellar.
~ Hilfv~a~od seems be trig th enonur$ge a , hea~ry fao~rint a~ tttis piece of preperi~r- They
will have numerous well with the aderrdant rx~ise and larrdseape is~ues_ I am concerned that
Hillwood is encou~gir~g a inning ~an~e that could allow their buyer #ao much latitude that would be a burden an the tyers_
~ Err entity evolved is tn}ing th make money just like Ed Robson when he launched Robson
farm. My concern ~ that the cifjr a~rrinistration oaf he forced into t mud expansion tho fast-
R~:
nary
March 26, 2008
Kathleen Wazny
9117 Perimeter Street
Robson Ranch
Denton, TX 76207
940-262-0250
randkwazny(a~,hotmail . com
Lori Shelton
Planning & Development
City of Denton
221 N. Elm
Denton, TX 76201
Re: Robson Ranch Citizen Concerns Regarding
"Inspiration" - A Proposed Development
Dear Ms. Shelton:
Anew mixed-use development is currently up for review by the City of Denton and is
located adj acent to Robson Ranch, the community where I reside. Last night the
developer of "Inspiration" hosted an informational session for residents of Robson Ranch
so they could voice their concerns regarding the new development.
A summary of their concerns is listed below:
• Traffic Impact - As the development plan stands now, there are three roads that
will flow directly out of the new development and onto Robson Ranch Road, currently a
narrow two lane highway with no shoulders, no streetlights, and no sidewalks. Residents
of Robson Ranch, with 2,000 people, most of them retired, use Robson Ranch Road for
ingress and egress to get to I35W. Although later phases of Inspiration will flow traffic
out of their northern perimeter near the Ponder Exit, the first 5 -10 years of development
will flow traffic out onto Robson Ranch Road.
Robson Ranch Road, in its current status, is unequipped to handle Inspiration, a high
density development with a proj ected population of 40,000 people. This enormous influx
of cars and trucks is unacceptable to citizens of Robson Ranch. In addition, the I35W
intersection (where it meets Robson Ranch/Crawford Road) is currently a 4-Way Stop,
and is also unequipped to handle a huge increase in traffic. TDOT has not approved a
new interchange for this proposed new development.
Citizens of Robson Ranch are extremely concerned at the likelihood of emergency
equipment, i.e., ambulances and fire trucks, being stuck in traffic, at both the I35W
interchange and also along Robson Ranch Road, and not able to get to Robson Ranch
residents when minutes count.
CITIZENS ASK FOR: A detailed Traffic Impact Analysis for both Robson Ranch Road
and the intersection of I35W and Robson Ranch/Crawford Road. The Planning & Zoning
Board should not consider approval for Inspiration until this Analysis has been completed
and residents of Robson Ranch have been given an opportunity to study it and share their
comments with City staff.
Page 1 of 3
Re: Robson Ranch Citizen Concerns Regarding "Inspiration" - A Proposed Development
Page2of3
• High Density - As the plan stands now, 672 apartments are proposed in Phase lA
and 1 B. This is a massive zoning change from the current zoning of NR2 and A, to a
proposed NR15 and NR20. This density change is unacceptable to residents of Robson
Ranch. It is completely out of character with existing residential neighborhoods that
surround the area. Without a complete and total expansion of BOTH the I35W
intersection and Robson Ranch Road, the jump to such high density is a public safety risk
because of an inadequate road system.
Regarding the entire development of Inspiration, there is nothing consistent with
changing current land use from Agriculture to a 40,000 person, high density city. The
developer is asking fora 600% increase in density from 2,500 units currently allowed, to
15,500 units.
There is nothing consistent with adding 20,000 cars to an already clogged transportation
system.
• Buffer Between Developments - As the plan stands now, there is no buffer
between Robson Ranch and Inspiration. Consider the retirement population of Robson
Ranch and the probable residents of Inspiration as young families with children. Robson
Ranch residents request a fence, as well as a raised earthen berm, with landscaping, along
the boundary of the two developments. In addition, a school is planned adj acent to the
border of Robson Ranch in Phase 6. We ask consideration that the school be moved
away from the boundary with Robson Ranch, towards the interior of Inspiration.
• Police Sub-Station - As the plan stands now, with 40,000 people, there is no
provision for a police substation. Law enforcement officers will have to drive from
Denton to service the project.
• Water -The water line servicing Robson Ranch should not be tapped for this
project. Before City approval, the developer must provide a detailed plan on water usage
estimates and water requirements to service 40,000 people.
• "Green" Housing -The developer has failed to address sustainability regarding
the demands on water/wastewater and utilities. Cities, including Dallas, are moving
towards new building standards. Using the Texas A&M E3 model, a 15% energy savings
can be achieved at a cost of $2,000 per home. With a "build out" taking approximately
15 to 20 years, the time is now to require the developer to raise his building standards.
• Upland Areas -The upland areas are segregated from the wetland areas by
housing development. Wildlife in the upland areas need corridors to get to and from
water (wetland areas) without traversing areas of residential housing.
Re: Robson Ranch Citizen Concerns Regarding "Inspiration" - A Proposed Development
Page 3 of 3
• Wetland Study -Phases 1 A and 6 are adj acent to Robson Ranch and there are
wetland areas in both Phases. Has the developer of Inspiration presented the City with a
wetland study of this area? It should be required prior to approval.
• Storm Water - A storm water outfall is located at the northern end of Perimeter
Street, in Robson Ranch, and it appears to drain directly into a residential section of
Inspiration. How does the developer propose to direct this water flow through the
residential area?
In closing, I would remind the City of Denton and City Planners of the "Dream of
Denton" which was adopted by the City Council in 2002. One of the maj or points, in this
Dream, was "Denton retains its small town values while continuing cutting edge growth
and viability."
This proposed project is inconsistent with Denton and should be rejected by City
Planners, the Denton Planning & Zoning Commission, and the Denton City Council.
Thank you for your time and consideration. Please contact me with any questions,
comments or clarifications.
Sincerely,
Kathleen Wazny
cc:
Perry McNeill -Mayor
Pete Kamp, District 2, May Pro Tem
Charlye Heggins, District 1
Jack Thomson, District 3
Chris Watts, District 4
Bob Montgomery, At Large Place 5
Joe Mulroy, At Large Place 6, Deputy Mayor Pro Tem
George Campbell -City Manager
Mark Cunningham -Director Planning & Development
Ron Menguita -Comprehensive Planning Supervisor
Chuck Russell -Planning & Development
Dawn Cobb -Managing Editor, Denton Record Chronicle
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EXHIBIT 15
Letters in Response to
Notification
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EXHIBIT 16
DISD Letter of Support
Denton Indegen~en# pool Dis~ict
Sara n~a
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LSD_ 1~ ~4paim hay agoee~ to d~ ~m d~~ acLa~ol ~s ~d is gemmed to 6e{~
new tL~ pm~asc ~d pmo~ o~ ~e iaro { ~e g~onl ~d ibe me ~l) mod ~ 14paim ~e 9gi~ &odc [soup ~d L5D_ a~ m a~oe~~
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EXHIBIT 17
Denton County Historical Society Letter of Support
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EXHIBIT 18
Conceptual Transportation Impact Analysis Executive
Summary
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EXHIBIT 19
Subchapter 35.7.12 Master Planned Community (MPC)
District
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s~~ ~ t~ ~ 5~va , ~d ~Il ~ Ind ~ mn~~d ~a ~h t~
wed P~ end ~c ~pp~ ~ ~e~ ~pe~x Z1~ T ~ ~~~~ft~~~~ ~ ~t~ Pba Ifs
s~qn~ ~P°~Q ~ ~ t~ ~ ~t ~ 1~
Pisa ~r t~ ~at~ °me~ tbea ~pL~ ~ ~ ~ end t~ ~
u~ ~ ~ ~ ~pecd n~
F!~ 'I~ ~map~ed I]ki~ ~ ~ ~
fa ~ ,~nd~ I~o~nm~ tit ~n~d ~ be ~mae~aed ~ ~a Pba faE F~l~ faE T~ ~ ~ fay ~r ~~e9 f~ ~p~
~d ~ ~ sded~~ ~ ~ ~ ~ tie Pba If ~
~ppL~a ~ sded~ tit ~ ~ ~ t~ Plea ~ t~ ~ tea ~pplive~ ~ ~ tv ~meed t~
~ Dbm~ ~ ~ ~ m~e P~
'I~e ~ ~e~ ~ Plea ~ t~ ~ Dbcume~
~ ~ ~p~ed ~ t~ ~nee~ bey ~ dart ~ t~ ~Pb°~ fa the
~~epe~e ~~t~ ~~ILbe ~ fa ~ee~ ~ a ~ ~h the e~ptnes ~ firth fa,~ectim ~'~.1 ~
~ III ~pp~i~a ~Il ~eea~ t~ ~ red ~ ~ ~ 1~ ~ ~et~t end ~t ~ ~ ~ ~ wed ~ ~ ~ me9 to Le m~~d fa t~ ~i~t ~a
~ ~ ~ ~ ~ ~swl~iw ~IiTaz
~ ~ ~d ot~c m~ ~h~ ~ ~ ~ a
end ~ t~ ~ a ~hta t~ ~ ~pp~~a ~ ~ ~a t~ g~ ~ ~ bed
1. ul~~~c Pba~ ~ 1~~~ ~ 1 ~ ~ ~~ed ~ ~
~ee~ pmr to t~ ~hm~l ~ 1~ ~ I~acume~ end l~aa~~ ~.'he ~'~aarpt ~em~ ~ ~esi~aed ~ ~ the I]~eQelop~er
aid the is ~ ~IP~ ~ I~m~ red ~dPC ~
~e~ as The ~a~at ~ he ~d ~ the ~ ~ the I ~ the P aid ~ md{of the ~`~omo7 ~ gad ~t
these a~ d a~ ~gpraQed ~ the
~ ~ ~a as a~ elgaelopmeet ~a to he d h~ the
R~ gad Phada~ and ~ - - ~ho~e
a~ f~~d to the ~~mc~ far ~e~ ~d ~ ~ ~ e9 ~a~ - sdnd~ ~ ~ ~~r Pled ~ end ~rpia>Il~ lead ~ ~ea~,
xtba~ lot end Ib~ ~ifa~ t~ ire d~~on9 fpm t~
adapted a The ~ ~ ode ~ Pba ~
~ l~ne~e~ ~l domed ~ a~ de~opme~ tit a~ ~~d ~ t~ ih~~ a~ ha< ~ppa~~l ~ the
lle~ ~o~~ ~ the P and - - ~ wed ~ tbE
~~a 1 'Y'he 1 ~ ~aaame~ ~ h~ the deaelapea
~ the ~d~ ~ tbee a~ ~h a~ thane
~ ~ he ~~a ~ ~ the D~nc~ a~ ~l he ~a
~ be std ~h the I~ammeat ~efl the ~ h~ ~a
i~~ ~t~~~~t~a~
l~ the :ppl~ ~ ~ o~ ~m tLe Siam ~ the Ida
~ gpe bath the imp aid the a~ eat t~
shed awl the is ~ a fade ~ the oa.9
1. ~
~~m~ It
ei m lot nth end e
~ ~ ~ ~
~d~~ ~d~
~
it ~d ~ ~d~ ~h a~ l;~a~ ~ ~a ~ ~ 3hada t~
pmpaaed ~ rpm gym, t~ gad ~d s~ hle~-
~ ~~~i~~~~
pema ac f~ t~h e~peo~e is t~ a~ ~ ~ ~l ~~ae t~
died a~the h~ the o~ bar ~ ~
~ q end otbe~
~n~p~e o~ ~h ~ ~ ~ th! base Fme d~ end ~ tit ~1 ~ t~ ~ end th! de~pe~ fa ~nesi~ the a ~ ~
m~ie~
~ Pb~a~ 'Y'ht n~ ~ ~ the ~pp~~a bar ~ b~ I7ki~ ~aIl
~ ~ ~ to the best ~ the s the
fa ae ~ to the ~a ~ t~ b~ ~~oa ~ the ~ ~mpased ~tht ~je~ ~I ~t be eloped ~ me
umta ~ ~ ~ the ~m ~ end ~ tl~ pl~,e ~
P ~l tl~ ~}ti~l~ ~aIl f~~ ofl~e b~ uses fa the ~aIl got be the fit Ind ~ ~ tbt lend use fa ~ ~ ~r m~ ~ the
pm~eed
~ie~ ~ I~ a~ ~ the bm7d o~ s~hednl~ ~ tbt ~opoeea ~m feet ~ ~ ~ ~bb~d~~~b! ~ti~
t~ ~ a ~ b~ a~ the tae ~pimes pmpoaedtabe
o~t~a~~~~~t~~~~~~~~~~~~~~ ~~~p~~ ~a~~~tb! ~
~
~ ~ ~ ~ tl~ pmject ba.~ ~ t~ o~ ~ pmposdd ~oje~t the
~e ~tbt~w ~ ~iaab~the ml~~of ~
~~ta~ai~~~ ~
~ ~ ~ the
i. I,atl~~ltbe~~n~d~a~bmldn~a~~
bit ~ ~t }mod to ~
~h~,~~a
~ ~ 1~ Abe both tbt oas ~d the o~ e~ ~
d~~ ~
~d I~l~ ~eneol ~ ~ l~ ~ be
~ ~ ~ ~
f ~ ~~~p~~~~~~~e~
~a~pl~t~~i~~~
~b~h~ ~nd~ ~e~
~~~a~ ~
~-~a
~ ~e ~p}ivnt ~ ~ ~ ~ t~ ~ ~ :a ~ ~ ~ ~~ptml
~e~e ~ ems tht ~p~ tht ~ae~ ~ ~ ~m~ end the 3nhm~]
~ ~ppli~t~~gne~ ~ht~~t~ ~ ~pFi~va ~ soh domes end ~ t~ d,va®~ e~ fed
°d
& If tht ~ppF~aa ~ae3t ~ ~ed~ ~ t~ ~a Phg the ~aIl s~mh ~a
~pFi~va to emend tht ~~a Plea ~r ~3oh~~ Pba ~ ~ ~ ~ ~ the ~pp~~aa f~ ~ h ~a Plea ~ ~ em~~ ~ h ~i~t 3ahm~] ~
e~mp~d ~m tht ~pp~~va ~nst~ ~ hzrth fa,~ectna
~~.1~~ ~n ~ ~ M~,~' Pl~t~d ~~mmWnit~
~ 'I'be Pb~ned ~m~ ~ he ~~d fa ~ ~ h~ is
~ the as ~h ~ ~ the Ida Pba ~d~~r ~ Pba
~ ~tht~~~~~~PP~d~the~heam~~~l~~~
Ida fade ~ the ~[P~ e~hlohed ~ ~ mz the _ ~ hie the a It ~ he fa ~ the
~t~-
~~.1 Fi~di~p,~
~ ibe ~p~ed tbt ~ ~ the a Pha
~ ~~~~d t~t~
~ad~ ~ndth~~~he~~h~ ~~~tbe ~
I~. Ifl tht ~ o~~poeea ~ ~ ~ anal end ~ ~-~e~ide~l ~ ~ ~d~ t~ ~ ~ ht pow ~a ~ ]tea ~a ~l f~ the
~~.1 F~r~e [~~ela~m~ent
as ~ ~ ibe ~ ~ t~ ~moeed ~ ~ ~ ~ is ~ the h I~~ ~ tht I~nc~ h~ h~ ~
~ fm~1~ ~1fae ~hthe ~u~atbe
~~1
,3~~.1 ~nenbn~ ~ ~n i~P~ ~~nii~ ~r YP~ []I~pnr~n~
~ ~4pp~i~ ~ ~ Sao®~ ~ ~gnot ~ the ~[P~ ~a~tn~ I~o~m~at ~d a~
tv t~ ~~d ~C ~come~ ~ ~ deli~d ~ ~r ~ ~mae ~ the ~ yet firth bey ~ tht wed
d~me~ ~l ~t ~t m~ ~tfn~ded fa the red
& ~P°"a e~eipt o~ ~a ~men~~ ~ the ~ ~ ~e~ine ~ the ~mpoeed
~~~~~e~
~ ~na I~the I]~ ~ d tht ~mee~~ ~ ~ ~ the ~e~ ~ne3t ~Il ~ d mdec the ~at~
I~. ~ ~nd®~ ~1 be termed major ~ sae o~the
1. ~ fa the ~ll I~~t ac
~ ~ ~ ~ tht ~ h~mihi~ ~ im! ~ imp ~ ~ t~
~a the I]~,ta~ ~ domed ~ the I]~ ~ ~ tv ~ ua~ ~[1 ~ deett~ ~ ~ ~ ~ ~ tea
f++~~ ~ the ~ ~tbe ua~ ~ wed fa the h~ eta ~
~ ~u ~e ~ tm ~ ae ~ ~ the wed ~ mm ~
~ le~~ ~ ~ ~e:a ~ ~
~n~e is bad u~ ~ demit~ that ~ ~ ~ ~ ar lea ~ m~ie~ ~ Wined ~r tht I]~~ ~
~ fa Ind ~e ~ ~ the ~ to ~ lea ~ to the
I~et~ ~ to the ~Il imjnd ~ weed ~ the I ~
~ ~ ~poeea ~ the Pbq ~hi~ ~ ~a aae ~ ~
~thE l I]~,ti.~ ~ ~ the
E. ~~r ~t ime ~ imre ~ the ~ fa Ana AIL
be ~,mide~ed If the ~ d~ the to h! the mfr
- - ~t ova the ~meadme~ ~d o,s ~aa~a~ o~ ~ tbete~, to theha~ ~~es
1. l®t hheea ~ ~ - - ~ ~ ~pe~d ;rte ~ the I ~e
o~ the ~mpo~ed ~mai moment ~l he ~7ed to e~ t~~s n~ ~db~ at ~h~a
t~aa~ h~ndad h~ ~ tht ~~d to the went
~ If ~ ~ ~ ~ ~i.~d him ~ cif ed ~mpe~ ~a tea
d~ ~ the t~ d~ end ~ ~mmt ~ ~ tbea ~
b~~~
~ If~a~ti~~t~~mbeatbe ~aame~ ~ne3t 'I~e I]~ derma ~ be ~1 ~ a to the Phew ~
~
,3~~.1~~ ~i~h Apps
~ 'I~e ae ~ ~ ~ t~ ~d~d ~ ter ~ppe~l ~a ~a ~ ~emoa ~ ~
ta~~~ - - ~eoeat~f~mthtd~
~ the ~ 3~~~~.
i. ~~~~~~~~aea~~ ~aa ~a
~ wed
~ ~~~~~a~~~~~a~~~~~a
1. ~ ~~~a~~~~~~o,~a
~
,~~.1~.11 ~mi~h end E~r~nrent
~aam~~~~
~
~.i.i~.
EXHIBIT 20
Planning and Zoning Commission Minutes
1'~
~ ~ ~ ~ h4 ~ ~ i~ Ord I ~ ~ ~ ~ ~ ~ ~aeY ~ m~ ~ ~ ~ h■~ ~ ~ ~ ~ a]m~ I.35 ~d mod, ~1 t~ ~ ~ ~
~ ~~~~~~~~~I~. ~ 1~~~~~ ~ ~~~~~il~~~~~~~~~~~
Z d l~~ 1y ~ydero~l tick ~ ~ is ~ ~ ~ ~ ti~li ~ ~ ~ 11 ~ 11 ~
13 ~~r ~ ~ ~ ~ .
is ~ ~ ~l ~evrl~it ~ ~ 1~ k~1d~t ~ 8~~ i~ ~ ~a ~ ~ ~ ~a
~ ~ L~ d~~ ~ P]~~i ~y tidy ~ ~ ~ ~ ie pfd ~ ~ ~ ~
t ~ ~]a~ t~iye~ ~ ~4~ 1 ~ ~ ~ ~ I-~5 ~ ~ ~ai~g a little ~ ~ , i ~ ~ ` ~ ~ ~ h~q wee t~ 19 ~ t~ 'fr ~ 4VB eet ~ ~ ~ ~ ~ I-3~~ ,
l ~ ~ ~3in~~ ~ Ord-~~► iri t~ r 1 ~ ~e ~ ~ ~1k~ ~ ~a ~ ~1 ~a
~3yy 7l~ lr,~ ~ ~s ~ imp ~ y ~ l~~.i~ ~ ~d
~~t ~ ~ kb l ~ ~ pp~,~l~p ~ Pi7~ ~ ~ ~
~ h~'i e'~ I-3~is. ~ ~ wit ~ ~1 kl~ ~ $ ~II l~ ~ ~ t>~ ed~
~ ~ ' ~ $ ~~l~al ~ ~ do ~ ~ p~awd ~red1
~ Ord limb ~-1 aaaf~ ~ ~ ma ~ ~ tl~ ~ ~ t~ ~ ~ t~ ~ L ~ ~
y ~ qty mE ~ ~ ~ 1 ~ ~d~, ~ y~ ~ ~ t~ t~d1i ~ ~ 1~ ~ ~ 1~ ~i mad ~ ii a Mdll l~ ~ m ~E
1 ~ 1~C. lea i~~ l ~am~i~ s ~ ~dl. ~ ~i
~11Y~~1~~ i6 ~Ytidjll~~~~~~
~ a Biel F~ ~ ~ 1 ~ gib]-~,~ ie 4Cthed ~r ~ in li~i ~ ~1~
~ is m
1~ ~ ~thiA ~ f 3~ mm ~ tl~ 1 ~ m~ ~ ~e ~ ~ ~ 0~ ~1'■ ~ll~lp~r
3 ~ ~rlaa tti tri m~ ~ ~ ~ ~ ~ ~ ~ ~4C4~h A~ ~ i~ ~ ~ ~d
~ ~ i ~-ar ie ~ tia b~ ~a~ in ~
3 ~ ~ ~ei~ ~e ~ ~ ~ 3 3 ~ meadmm ~ 1~~ GBH per. ~ ~ ~ i~
1L ~ ~tif~diy ~ iri i~ { ~
~~~~~~~~.~~~~~~1~t~
93 33
~ ~s ~,iJt~e ~71~ do ~ ~~g dc~. 3 ~ and ~ is ~ ~i■ ~n t ~
~ ~ 1~ ~ ~ _ ~ ~ ~ ~ ~ ~ repro ~ l~ ~
~ `r~~ ~ ~ 8
~ ~ ~~tl~~ ~ ~
~ a r ~ !ice ~ a ~ dt~+ ~ ~ r~ ~
~3 A~p1~r,~~~~~~~f~ i~ ~~~ta~'~~~
Y ~ ~f~1 iA ~ ~ me ~ ~ ~~e~~ ~ ~ ~ ~ t]~ ~i. 3~l Ida 1~r io
~ ~cmd me~~ ~ ~~]d ~ ~ ~ ~~~Y ~ ~ ~dt~ ~ ~ ~ l4 iii ~ ~1 1~ ~ ~ ~ki~ ~ 1~ i[d ~
~
b~ea ids ~ ~ ~ D ~ 1~ ~a ~ 1~ ~t~ 1
~ ~ • ~ ~Cl~ ~ ~ ~ ~ ~ ~ 1 ~ ~i~ ~ ~ ~ ~ el~ixfrd~
~~~~~r~~ ~~'~~~~~tri~
1~~~~
• ~ ~ ]31 ~i
~ nor' i~tat~~~ ~ ~
i1 ~a~~~~~~~- ~l 11
~ ~ ~d~hfn ~ ba fib 13 1 ~ ~ ~ ~h iiGtl~
3~ 1#
tie. ~ ~ l ~ t ~ m~ ~ 3~ ~ ~
1~ ~
~ ~ ~i~ ~ ~ ~a ~ t~ ~QQ fem. ~ 3 ~ ~ ~ ie ~illi~ ~ IAIGhi d~ ~ ~ i■ ~
#i ~l ~~~dl~t~~ ~l
3~ ~ Y alb ~d1~a ~ ~ ~ ~ ~lt~~ ~a t~ ~ ~ rye, ~
~
r
~F
~ i~~ ~A ~i~ ~H ~ ii kid ~ ~ ~R.
~ ~ ~#~e~i~~ ~ ~ ~ ~ ~
~ ~ft~~a~~~~ ~
~ hey ~ ~ ~d 1~ E ~ d ~ ~i mitt ~ ~i.kr YQ I ~ i 1 ~
~ is ip~auel ~E k~ iii ~ ~ ~ ~ l~
~aed ~ a n~ ~ ~ ~d.rG~ i~ z~f ~rtwar ~ i~mnd~ ~ ~ ode ~ 1i1~ ~ ~ ~ ~ you
~i ~ ~ ~ i~ ~ ~ ~ i 1 1ii, me tb been,, ~ ~
i ~ ~ I~ ~ d~ kl~ ~ ~ ~ ~ ~
1~ 1 e~ ~ad.~~ ~ r~ • ~ ~a ~ i~1.1di~ kl~t ~ ~.t1+~ ~
I ~ 1 vdth air ~ t~ ~ ~ ~~d ~ ~ 1~ ~ ~I~kir~ ~d~fl~k. i~
~ ~ iii, ~ ~ 3~ 4~ ~Mik, ~ ~ ~i~ ~ 7r~
~ ~ 3 ~ ~ ~ ~ ~ ~i ].ate ~ ~ ~ ~~Y
~ ~ I~i~d.9i~ ~ ~leae i~ ~ ~1#~ I~ d 3 14~ ~ in X31 ~ ~ .
~ ~
~ t~ir ~~a ~ ~i~~~. ~4 , ~1 ~
d ~ ~ y~11~ ~ ~ #i73~ ~ 1~i 6 ~k mind, ~'■~4 ~ ~ ¢ ~d11
• ~ ~ ~ i4 m ~ ~ CMG F ~d aeti~ ~ .
~ i~~ ~>Q ~ wed ~ ~ i~ ~ ~ k~ ~ iMi~. ~ u~ ~ Ta ~ ba ~ ~ ~ki~. 1~ ot'b~ ~111g11i. dad I'
~~~t~l~a■d~
1~ ~Q~~ i ~1t~ ~ f~ i 1] ~ ~ ~ ~ ~ ~ Lei
13 ~ _ ~ b~ ~ l~ ideo~i~. I've ~1 t~ Titd I~ ~e~ 1~ 1 ~ 8ebaal i~k~. PIS im ~opr ~ >
f ~ t.~y rdo~~ed ~ ~ ~ t~ 3 ~ ~ ba ~~f~ ~ ~r ~ ~dll m~
l 7 ~a~ ~ ~ ~ ~ 7 lobe a~,r m ~ ~ l~ i~ee~ ~ is ~ iY?1~ A~ ~ ; ~
1 ~ ~ ~ I'■ de~~ t~ 1~ ii'1d1v3~~ ~ f{~ L ~ db~ ~p ~■oe~ ~ ~61~ m
~~r ~i~~ib~~~ ~3 wit, ~~+~~~-e~~ ~ ~d tbd~ *73 ~ in ~ t~ ~ ~ ~ ~ ~ b~ ~ ~ yOC~Gti~11~ ~1~.
- ~ ~ ~ ~a 1G 3 ~'r 1 ~ ~ ~ ~ 3 ~ ~ t~ ~ tb~ lip.
• ~ $ ~ lam f~ ~ ~ ~ ~ ~ ba •
~ ~ ~k~ iv ej.~e. ~ ilk i ~mm ~t 8~h ~ ~ Per Q ~ 3 iii ~ ~ ~~t~~ater~e ~
~ t mr~. 14~ ~ ~ ~ ~ ~ ~ ~ ~ ~dl~ ~ ~ ~ mid
~ If ~ ~ ~ ~ ~ i~ ii ~d~d ~ ~11+~~ ~lit'1 t~~ +~43 ~ ~ firrll~ i~ t~
r ~ ~ ~ R~~~r ~ ~d~d~ 'R~ ~m ~ is ~ ~ ~ ~ ~ t~ra lea lire ~ ~ ~
1~ ~af~F ~ EBtIk~ ~ ~ ~ ~ ~li~. ~ ~ ~ ~ ~ I~■~~ it 1,~ bG iir ~ ~ t~ lie ~ ~ t~
ii Q ] t~ d~+ i~ l~ ~ 11 ~mi1~ ~ 5a ~ li5 ~e+~
id , ~~wld~tt~~~~ f~~ri~cj}~rft is ~l~de~~
~a i~ t~ amt ~ i#1~1~ ~ ~1~ ~ i ~ 31 ~ ~1~g ~m ~ ~ 3+k# ~iti~lig ~~ir ~~r ~ ~m ~r ~ ~i<i. Jid ~ ~I~i~
~ ~ 1~i'~ it ~ ~ afL ~Ffi~ ~~I 1d ~ +
~ S ~ ~4, ~ ilk ~ ~~e~d. 7~ ~'t 3~ l~d~ 51 ~ f~L1~r ~ ~ t~ ~ e~
3~ 1 kd as v~ ~ Litt~~ ~ ~i ~a■~ ~ i i~ tit ~-L7.
~ they ~ ~i~ ~em~. ~ ~ir~ ~ ~ ~ ~ 1 ~i ~ ~ R®d~'
~ ~ #i tie 1~ ~ ~ 1 d~ ~ i is ~ lei ~ ~ ~ 4r ~ ~ sll ,
5 ~`i ill ~ lei, ~ ~ ~ 3 t~~ ~ C ~t'e ~d ~ ~
TRR ~ t~ ~ -T
~ ~ w ~ ~ li~~c ~ ~ ~ ~ ~ ■,■Y ~ fir. ~T~~
g ~ ~ 1~II~iw 3~i#'J~d 4i5'~ ~ ~ 1~,r ~LUp ~ 4lilih. I~~~ R1id].~ 1 r
~i ~i let rm ~ ~ little ~d.k ii ~ ~ t~ i~ ~ ~ ~ ~
r
1~ ~~~~~~t~~~~~ ~~~~s
15 ~ +~L1 ~ riQl~~,g ~ ,fir ,~e ~m't ~*f ~ ~ ~u ~ ~ e~ t~ ~ ~
}fie ~
1g ~Ol,~~r ~i~ r i~ iat~~eleed
~ d ~ i~ ~ ~ ~iti~ ~ ~ ~e ~ gild ~ ~ lie ~ ~ t~+ ~ a ~Idii ~ ~
~ ~ feed ~1 ~ ~ r~ ~ 3~ ~ i f~11 ~ ~ ~ i~ r~ ~ 1~ lid ~ i~r
3~ ~r~~~Id~~~d,e~~~5~~ ~~31~~~dll~#~ff~ee~
bald-]~~ ~~~~fa~'~ d ~
~ f
3~
~ ~dd~ ~ #9~. ~ Yr bR7~ ~ ~ ~■'~1~ ~d.melgr ~ t~ ~ Imo.
~ ~ ~ ~ , ~ ~ r~~~~ti~~~~
i Q ~d~r. ~'e a ~ I~~. ~ ~ ~ 1 ~ ~ 1~'~ l~ddi4 ~ ~ ~ Leal
i i ~d ~ ~p11~ ~ ~ ~t iu t~ 11 ~ ~1r ~ ~ ~h t~fl. 1~' 11
1~, L3 ~ ~ t~f~ ~ ~it,1~m ~ ~ t~f~ ~ ~ 4~b~
i~ ~0~11~ ~ iw~ ~ gyn. ~ ~ i~ ~ti~ 1~ Vim. ~ ~
f~ Imo. ~+V* ~ ~m11 r~T ~ ~ a~i ~ i t Pad ~ its ~p€tal i~~ ~
1~ ~e ~ ~ ~ ~ ~ i ~ R~'t ~ ~ ~~i~ act ~ sf i~
h~~r~ 11~~a~~t~~ml 81~1~~~~e
~ ~ ~1 ~ ~ kw~ ~ ~ ~a I~ b~ ~ . ~ ~ ~ ~a t~o■e~ ~ ~ ~ ~i~d ~ stn tom. ~8~~ '~h.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ t ~ ~ ~ is
~ ~,~e ~ ~ea't ~ ~d mil ~ ~ ~ ~ tia ff~e .
~ ~ t~ ~ ~ ~ mss. ~ _ ~
~
~ ~ ~ ~ ~ ~ ~,i k~ gait i~ ~ ~ ~ ~ 1~ is ~ti~.
i ~ ~ ~ ~ +t ~li~ t~ ~ f~ 10 ~ , ply.
i i k~ 1~1 ~ ~1k#i~ ~ tl~ ~ee~ ~ ~ ~ ~ i~ ~ the
i ~ ~L~ r b~ ~,1~ i~ ~ ~ ~ t~ ~ ~Md ~ 1~e ~1 l ~ tom, ~ ~ u~~. 1~ ~ ~~1~ ~i ~ ~L1,eY I~ ~ ~
~ S IRl#~ I ~ ~ iS ice. z ~ t~ t~~ t~
~ ~ ~ ~1t T~'dc ~ 1~ ii d~.e T~1 ~ iillbi'1~:Lm ~d ~ Z'~ ~Im9
1~ f i~ 1I~~~~~~I~~ wit
1 ~ }ova ~d,d fit ~i ~ med. 1~ ~ ~ t~ ~ ~i~ ~ ~ ~ tl~ #.e
~1 r t~ II ~ ~
~ ~ * to h~ 1~ ~~~r ~ i~rx~+ t~ ~+ai.
~ ~l~~i~~ ~~1~~ ~~k~itmt ~ ~ ~t~
~ ~ ~ ~ ~ Idm1 ~ ~ t~ ~ ~ kf~~ ~ i'i11ed ~ p~p7~ ~ t~
~ l ~
3~M
1 1 ~~t~~~
~ ~ ~ fie. , l~ilY ~e ~ 1~ ~ M~~ ~i t ~ ~ k~ ~ t~
~ ®t ~ ~OM1l~T ~ ~ ~ .
~ tom. P ~ ~ t~ ~~ar~~. ~ ~ 3~ ~ f~ Ott ti~~ ~ ~ ~ lam' ~
i l ~ R~ i~ ~l.3ia ~71®e~ ~ 1~ yam. ~6
i~ ~ Lim ~ ~ ~ ~L 1~ ~'i~..
ice. f ~■e ~ ~ 1~ ~'l,~linr ~d I ]fvi ~ ~m
dt~~. ~d 3 ~ ~im®e~ ~ ~ ~lt'~ ~1 1~ ~ ~ ~ ~art~t~ ~ t~ ~ ~ , i~ $4~d ven.~ ~ li~~ ~ ~l~ l ~ ~ ~ iii ~ ~II ~ ~ ~ol~ ~
1~ ~aat~+flt~t~ iF k~~t~ie
i~ ~ mfdf~ Ord ~ ~dli ~ ~ i~ t~ ~ i~ ~ ~ b~ oarv i~ ~
1~ tt~GlC~tf~~1~~~ 1~ ~~L ~~ll~fdtit. ie
~i ~~~~~~~a ~1 rd.~t~~~ nth I~m~ 14~~~
~id~~'~~~~ ~ i~I~~~~~~~
~ ~ 1~ t+ ~ i 1~ ~ ~f~ ~ ~ ~ 4~1®~ ~ r 3 ~ ~ Z~'~ $ ae~ kid ~F ~f~ ~
~ ~ try ~ ~ ~ lift ~ ~ held ~ ~ G~~®. I~ ~
i ~ ~b1a'k ~l~ ~i1 ~ i~Glld ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ li}~ ~ ~ ~
~ rdth tom. ~ ~ ~ tit ~ ~
~ ~1sE~ ~ l f5d gR ~ll~d 1~.1$ t~ ~ i~ ~ 1~~; ~ ~ ~ ~
1~ ~~1~~p~~~1 1~ ~e~~t~~~It 4b~~~~
1~ Lin ~f~d ~ I~1~ ~ 9~~~q~~ +~1d ~4 i~ flat ~1,y■Cti~i ~ ~h.
~ ~ I~.. ~ p. ~F ~ ~k~ i~ ~'I~I.~~T~ a ~ ~
1 ~ ~e ~ to ~ ~t ~ ~ i~ ~ i~t ~ ~ ~ tbaea ~ i~ it~~ rl~7~r a~ „ ~ s~11r ~+t ~ ~ ~ ~ ~ ~ i~
3~ ~~~~#~f~~t~~~emt l~ ~~t
1 ~ ill edit ~d i~ ~ is ~tf ~ ~ 1~ ~1MQ8~~ i ire T 2~
~ i ~ig+ 3I~ err ~ i 1~. ~ i~ I~ ~~e~ i ~a
$ ~ t~ ~ ~d ~ ~L~ tai ■CmM ~ 1# ~ 1~,~ ~ ~
t~t~#~ ~~1~ih~dta~ ~
~ 5 I~. mould ~ai~ rti rQil~ A~W . Y ~ ~d r ~
~i ~ ~ ~ ~ ~
~1 1 AAA it 't ~ a It ~1~ ~ ~ 1 I ~d ~ ~Ak~ ~t ~e ~
~ ~~i~~tid3l~fs~if~ ~ ~~I~lL.
~ 3 ~t~~~~~~
~ ~~~i ~mk'~ ~ ~ peps I~ ~ . G~ i~ ~ i~'e ea air ft tid.71
~ 14C ~ Fir lfl'9m F 111Q.~~ ~ arl~. ~ . ~ !R~ FL: t wed ~ ~
~ ~d it ee~ 1~ ~ ~ tl~ ~ e~ ~ ~ ~ . ~k ~ ~ ~ .
1~ ilY ~e ~or~-e~i ~ t~dii~, ~r a~i~ 3 D i~ 3~ ~'aT mom. 11 is ~ believe tt~ t')d.a »~X~ i~ ~ 11~ ' ~ae~ tbet 1 i ~ ~1 1a~ t~ ~ ~ g~iim.
19 ~ ~m ~h. Y ]'4.ti pEl~+~ l~ min 1~.
13 r~rl r~-~,ri~, ~ ~~r ~ 3~u i ~ ~ gaad ~1~'~. 6~ 1ad1~ i.~ I~
1~ ~ ~e i~ r~ ~ ~r ~ ~Lo~l~ m~ dle~ ~ 3~ ~ ~ Z 11~ ~ +1~7g ~ri~ 1~. I'M bub 1 ~ ~■~lsil~ ~loQ t>>3 ~edam~, X111 i~r 3 ~ I's me ~ ~ ~q ~ lip
in ~ I~~
ii ttxtFfi.~ h~ ~a ~ ro~gyrr l6 I ~ e~~ ~ ~ ~ d~ cf 9~'d~
1'~ the i~~l ~■■ea, ~ I~. ~ ~ z 3'~ ~r ~ ~ ~ ■.t~t ~i ~ 1 ~ ~ ~Y ~ aim ~ 9 ~ ~lr~ao~. ~ reams 3 ~ m h~ ~ ~
i~ ~ I l~ tia a~~ a ~ 3 ~ Fl>~ _ ~ aar~1~ in p#~ o~ r~ e~ ' e
~ ~ fit. ,~d ~ ~ i~ Ike ~l1~ ~ k~ ba ~ 0 i ~ ~1 l~ ~ ~ e~maee Ike ~ i the irr~.,~rr~;, ~ ti. ~ ■ ~ ~ ~ i rtaat . i~# ~ 't ~ ~ ]~t ~ a~ to I epic
~ ~ 1 ~ ~ ~ ► ~ ~pdC11 maid ~ i~ ~ z ~ ~ . ~G~~ ~ ~ add thrG tom' ~ ~A ~
~I ~ aa~eeet ~rx ~■w i ~'t ~ ~ ~ ~al,r ~ i~ bob
~ i~dc ~ ~ ~r ~ I'a ~]]deQ ~ ~ ~ i~ fi~?wr ~ ~ ~ ~ h~~ is t~ ~ i~+~ ~ rth1 ~d it ~ 4~ ~ ~ 1~IllQ~'k ~la~ ao a~1 let ~
1 ~ kl~ could ~ ol~edt ~ ~ I Q~ ~ ~ i~ e~ri~1 ]doe~a~ ~ t~ fia#1~ p~db],~ ~ ice, ]lod it ~]d ~d~ k~ m~ ~ ~r'""~ ~ t4 ~1I~4
~ ~ ~ ~ tip t~ ~amd ~ ~ ~ ~r ~ ~ tbi .moo4i
~'d oaald ~ ®d I~ pew ~ ~#me m I~ OEM ~ ~d ~ ~ i! ~p
~ ~ ~d y■e . I a ~ ~ ~ al3~r• I~•• ~e • ~ ~d ~ ali ~~e fit, 2 lid ib ~ .
~ ~ ~ i~ 4 is ~ ~ a~ ~ R* Sao- ~eit~~ i }5tac a 1~
1 g i ~ a r Y~ ad31~ ~ 1~ it' o a 1i1~3e ffit fee ~ 3ik ~F ~ rift oor
1~ k~r k~aa~ r~ ~ ~ i~~ 1~ 1~~~ r~r. 'med[ ~''~Y iS ~~~~~~dII e~a~~h~ IS
1 ~ ~ ~ t~ ~rive~a I~ . 1~ r~. ~1 diu ~l~ tid11 ~ m
l~ ~ ~ i $ii ~ ~ ~.dr r ~ ~E, i ~ tea L' 1 ~ tQ ~r~. ~ ~C ~ 1~ 1~ fit. I ~m ~T, B, ~d.f~. Z ~#v~ d
1 ~ d~ tii i~ t'~ deuel~ i~ d i~ ~ 1~r Z~ at ~ ,
alec~,id~l i~i1 ~ ~1~r~a~ ~e tl~ b~ ~'d a r~.d~ ~ ~m i~
~~~ia5~~het~4 ~1 i~t~~~~~~~1~
~ ~ ~ ~r ~ rl~ ~i~ I I ~~1~ ~ tl~ ara ~t ~o p in
~0q~'a ~ ~ ~ an■ eat ~ ~ m~l~~t< ~ i~ kbd.~ ~ ~ ffiy ~ ~ 4~u'ta~ ~5p~ia~ dal' a
' ~ ~a
I i tld~ k~ ~ li~bt~d ~ a 3~ 1 ~ t~ ~m I~~
I i 1 ~ ~ ~ ~ mil' a ~ ~~k~
~ ~~m~h~ple~~~ S ~E~~ inr~~ ~
~ ~ ~Ld~ ~ t~ ~t~ ~dl ~ ~ ~ ~ ~M tl~ ~ ~t+~ ~d]1 11LT1+~ ~
1 ~ ~vad~ ~ k#~ ~ ~ 1~ 1~5 ~1~. ~ ll 1~ ~ ~d i~rtie I~ ~d ~ ~d~l i i sec ~ lip i~ ~ t~tm ~ 1~ ]~pc~ ~ ~ ~ua~.
1~ ~~~~t~t~~. 1~ ~ 3~~ ~~~u~g
' 19 I th~~c i~ ~ ~ 13 h 1id,th } ~1~ ~d.]~ ~ i~ ~ ; ~
is ~tild~~ ~mi~'~ i. ~~~~~~~~r
~ ~ ~ die I~ ~ ~ ~ ~ p7a~~. t~ ~e ~ ~ ~
fir ~k~Ll 1~ ~il~~~~~~ lip ~~a
~ ~ me ~fl ~ ~ ii ~b ~ ~ ~ ~ ~ ~ Z alp t~
~ 3 ~ ~ 3 ~ I~ ~d ~ ~ ~ ~atgr i~ ~
~ t~#~~ ~ t~l~~#~ ~ bail
~ ~ ~ ~ 1~, ~
a f~ r ~ t~ Y~ ~ ~ ~ MRS ~ ~ M~. ~ifa I+m
~ if ~ ~ a ~ ~ i~ I kh~#C r~ ~ ~ell~ ~ ~ ~ ~ i~ i ~ 8 ~ ~~~s~ g
i ~ t,~Ei~ i~ to m I 't w~ ~ ~i~ 1 ~ Ir i~ I ~dl~
i3 ~ ~ ~tLll b~ ~ i ~ I~ a s~3~ oor.~ in ~ ~l~d
i# I~ ~ ~ai~~r ~a ~~~~~1~~~, ~
1 ~ ~ #~d I lip ~ ~i3 Ped~er 1~ }ae~~~ a ~,'hg ~p i~dth t~
1~ Mir~~~~ i~~1+~1~11Mi~. J~d~t'~~~.~~b~
L ~ a ~~,rt~~1 ~ ~d~a ~ ~ is bar ~ ~ ally ~e ~ ~ p~5~
~ ~ Rfu~~ti~ ~d ~ ~ All .
~ ~ ~i~]er ~b 1w t~ ~~ardk~ i~ 1~. ~ ~k emu. M~. ~d~ I ~
~~~~t~ ~a~~~ ~ Lisa ~ ~ii~ac~
~ ~Il~ ~g~~I AIL ~ ~ ~ ~ ~ ~ ~
~i
~ ~ It~dii~ z ~ ~ r~ a ~ ~ ~ ~ ~
~ ~ ~ iiG+G~ ~ ~ mg ~ ~ *ill ~ ~ ]for
f L4~ i~i~ I~ 1e~ ~d1~ ~ ~i~ ~ ~~t GG~ ~ A ~ ~ ~ ~ p1~~~ ~ ~ ~~~7pRi~i~~ ~~t~~ i
~ ~Y ~ ~ g ~ ~pu in the ~da~. I~h ~ ~ Pie~-l~r ~ ~
~ ~~~1~~ ~ ~ ~r Div t~~t~l~d i Fei
i a d~d1i~ ~lt~l ~ afiq~ a~{~ i~ i~, i~, ikr ~ ~ ~r8 ~t ~e ~ ~P~t;i~t~r
aa~h ~ ~a ~ ~ eat ~ ~ i~ R~ dl ~t+~+ ~ it ~ •
i ~ i tit ~d,]11~ ~ ~ w~ i~ ~ ~
~ a o#m ~ ~ ~ wbeth is ~a fie, ~ t~r■ i~ ~ ~ re~,d~ ~ Pe~l~ ~rr~~ as ~
i6 ~1 ~ #k~is~~ I ~ ~ i^~~ ~ 3~ ~ ~ i~,~ ham b~~ ~ ~ ~
~ D i~ ~tre~.frt~w~ 4dth ISe~~i ~ ~1 f ~ ~ t~ ~ ~ ~ ~
~ ~ play. ~ ~ ]~1~' ~i~y, ~d i~a' ~1 ~ ~ ~ ~ ~ ~ lip ~ . ~1~~~ ~ ~ li~~ri~~~
~ ~ r~ iRj ~sd~ ~ ~ ~aRdtbi~. Ada ~ ~ i~ ~ oi~~ 4~ i~ ~1~
3 5 ~ ~d.lY i~ ~ 1~r~4G ~ ~ ~ ~ ~ h~1de h~ 173 ~ ~ ~ ~ ~ ~
~ ice. 1 ~ ~ ~ Qemm ~d6~ I~
3 i ~ ~i+~GG~ ~~r I ~e~~1+f i~C I~ 3 + 1~ ~ ~ ].ilm 1~.
~ ~ ~ AO~~ ~ ~ ~i1ld ~ ~ t~ ill ~ ~ aid t~
~ ]hdla~ ~ ~ ~ ~ ~ ~ bar ~ i t~ ~ ~ iad ~ I y~ ~ a1]~d~ ~ ~ ~ T ~ t~ X411.
~ ~ -
1~ 1~. 4~~ I~r ~ i~ !!~h]~ Ilk, ~1~~ ~ , ~
11 P 11 ~ i~ old , ~l iii zrll~e+ 1~ ~ i~ ~ ~~lr, t~l~ 1 ~ ~ ~~r i~dlt~d dal ~eua
~1~ ~ ~ ~aef~ert~ m t~ mod. ~ ~ +yl~] ~ ~ ~ ~ ~dli' ~ ~Ildd 1~i ~ I ~eoblif+ ~ t~ 1~ ]~~d~~~ 1~~ 3~ ~~~in~t~ e~l~lmd~iell ~
i~ t~~1~ ~ ~ ~r~~trl~i~g ~ I~im ~e i~ ~ f ~ ~ 41~~ ~ #~#i~ ~
1~ ~ft'~a~~~od ~ d~~ 1~ ~ ~ ~ a~~~t
q~~ tia ~'R~a~ti~ ~ ~ ~di~ t~ ~ ._~a~d1~,i ~ ~ ~ ~1{r~~ i~~_ ~~y~~k4~R ~+ad ~y~,~. ~y
i ~ ~ W ~ ~u ~i ■ a ~ J ~ ~ ~ ~ * ~ i ~ ~i~ ~ YYYI i NJi ~i~
r
~~~~I AIL ~ ~ + ~ ~ ~ ~
5~ 1 tic 1 ~ ~1e~ ~ ~m ~
5 bt. ~ +~u~~ ~ ~ ~ ~a ~ ~ ~dtbdn t~ ~ tT~dr ~n~,i,m
9 ~ ~ f~ ~ I Lt~ i~ ~ ~ l~ ~ ~ ~o® r+la`~ i~i~c ~1,~e
~~i~~I~ I~lf~~~~~~ ~#~~mA~ ~d~
l a ~,er~-i-}~7.f i'~ liv■i #~a 1~ X11 ~t#~ 1~ h ~f.
1~ IFm 1~1~ 1~. ~d1~ia a 3~ 1~ ~.~i~ ~ ~ ~~~1; i~ ~ ~
l~ w~ ~ ~dul l~k, ~ ~ ~ ~ i~ 1 pil~T ~ ~ ~ it ~ ~
l ~ ~ ~d t4 ~ ~ ~ ,re11. 2 ~Ft 1~ ~ in end ~ ~l~mi~, ~e
~1 l~Ltl~l~l~~e d ~i~~~ ~3 ~~~~Id~~~~
S~ t I+~~~b~~u~ Ike fem. 1 k~~l~~~~e~#~~+f~~~~~d
~ ~d 1 1~ ~ ~t thy{ ~ ~ ~ ~m ~.ri ~ ~ ~ ~ . ~
~ ~wd~~+ tea ~ r~ ~ ~ ~ ~w■r,L ~ ~~t ~ 3pu. r
~ Fig. ~ ~ ~d~ to ~ ~ ~ ~ ~ ~ 6~. ~P: i ~ 1 lip ~
i ~ pads ~ ~ t~ mil~i~dl~a ~ ~ ~ ~d ~ d ~ s ~ ~ ~L1 ~ eye ~ ~ ~ ~ulti~l~. I~~ e ~ ~ ~ ~ t~ 1~ ~m 9~}.t ii.
l 4 ba ~ ~ tti f~ it' i~ ~1Ad. 1~ 2 ~ a ~
. 1L ~ it#~~ ~d~~I'Il 11 +1 ~e~ it io~~~a
i~ r I ~~l~d ~ I~ #,~tFfi~, ~r ~ i~ ]dam ~ ~ ~ ~Q
11 ~ ~ 1~~ alb ~ ~ in ~ i~ ~ ~ Z ~~t ~ ~ ~ ~1 T~ ~ 1~ ~ ~'t ~ z ~s Derr ~ ~ ~ ~1~ ~ ~ ~ ~itl~.
1 ~ ~ 1~'~ ~ ~d]8 ~r~ ~ ~ lE ~u ~ii~ t~~ 1~ ~ i~]d~if~ ~ ~ ~ ~ ~
1~ in tl~ ~3~ra`~ t~ ~e ~ ~ h~ w~ h~ 1~ t~ ~ tY~. ~ i1t'e red7.7~ Q ~
1~ ~ _ ~b~~~~~ 1~ ~~r
~~~~~Y~ ~L~r ~~ibl~F~ ~4~~i~~~
~LI~ ~~I ~$~~T ~TL ~ ~ + ~ ~ ~ ~
~ ~
a ~d i li~~1~L~ ~ ~17~d
~ I hem ~d ~ ~ e~#~ ~ ~ ~ ~ ~e'a i~ ~ e
~ e~l~ ~ tlti~ h~ ~ m~~i~~ ~ is ~~e~ ~ ~ s~ # ~ ~1 reoet~ d
~ ~ ~ ~ tbdE S ~ ~ yam.
i~ I ~ ~ ~ ~ u ie 1 ~ ~„1 F ~ H~dor ~ ,
s~ ~ i~ t~~m~ n~.v~ ~ ~
~~d +~i }yid I~ l~ i~ ~ a ~ I ~'t ~ ~ ~ ~ ~ ~E 3~i ~FhF~ in ~ ~1 A~ ~ ~ ■ei~-.~„~,t~~,,~a ~ 31 ~ d,t~ ti ~ea~ e< ~ i ~ 1~ ~ t~
~ ~ ~m is i~ tid.~ ~ mgr ~ ~ Y~~ ~ e~ ~
~l ~ ~ Fri4aa ~ ~t~ ~dil~ fa tb ~ ~ ~ ~ ~ I~. g1®a ~ h~l~ ~ ~
1 ~ ~ ~k 3+ai. ~ ~ ~4~ ~1 lid. ~ 1.
~ ~llm~. ~ fir'
~ ~1t~ ~~t ~ ~evt~ ~a i~ ~ ~ is ~ tea.
~ e~ ~ t~ ~ ' ~ ~ ~ r I in ~ ~ ~ ]mom ~ em
~ ~ l~~e~ ~ ~ Rued ~ ~ ~r I ~1~ ~!t 'L, ~
i ~ . ~1a~ta~ e~ ~de~l i■pe~ ~ eti~ 1 ~ ~ ~ ~ ~ ~ ~1 ~ ~
fa ~ ~o~l~ t ~ ~ L~ due 1~ ~ ~ ~ ~ ~
~t~~ee ~ ~ ~1 iia~r ~ 1~ tad ~ e~ . ~ Y ~
1~ ~~te~~eai~~~~. 1~ ~i eeh~ I1~~~~ i~I
1 ~ ~ bu~E~ ~ ~r1~ ~ 1 ~ kr ~ ~ ~ tidy t~
~ ~ ~ ~ vlAUl ~ ~md b~ ~ ft ~ ~ ~ ~ ti~ ie ~e~ ~ ~ ~ # ~ ~ ~
~ ~ it's ~t I~ e~ i~~ ~ ~f ~ ~ ~ may.
~ ~ ~ 3~~1e3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ems, • 3 ~d
~i
~ ~ X11 i~. ~ ~ ~ r ~ t'~ ~ i ~ 4~ ~ 1~~ ~~F lid ~ ~ ®9 1~d~
~ ~ tit bav.~ ~ ~ ~o~ ~ t~ ~d tip ~ ~a ~ t~ i~ti ~ ~ . ~ ~ 1~ it ~ ~
~ ~dth3w~ ~ b~r~d~~~~~te~~~ ~ t~ ~ ~ ire. jai I ~ ~ ~ ~ ~ I'i~ i~ ~u~.ll
~ #]ii.~ k}~rt ~ ]~0 I ~ ~ ~■d ~ ~ ~ }dam sod ~e t.'~ ~ its a lilac pd~te~ ~ ~
- - • • ~ ~te~ ~ ~ ~ ice. ~d-~'~ ~ ~ I 1~ I ~ + . . . .
i~ rhi~ i ~eee~~ ~ 1~ 1~'~; ~adt•~a~
15 4~i 1~ ~ mil,
~ 8 lip ~ ~ i ~ lilad ~ ~d ~ 1 .
3 ~ ~ ~ i~ ~ ~1~d. Lim t~ ~ ~ s~00~ ~a~dt~. 2+■ ~ ~ed~. i
3 ].i~ 1~} ii~~r ~ ~ ~ ~ to ~ 1 ~ ~ r~ ~ i ~[i~' i6 ~ ~ ~
~ ~ 1+~~~#~~~ 1 ~~1 ~liaa■~il ~~m~~ I! I~tae~{~~
~ t]~ ~d ~ ~a~ 1~ ~ tip to i~ H~ ~ 9 ~ t~da~ i ~m ~ a~ I~73 ~da~ i~. 3 a~ 0, ~ ~ F~id~ dim. ~r = ~ ~ ~ shad 4~ ~ ~ ~■rt ~ ~ ~ ~t
~ i~~~a~i ~d0a~t~~t~~t~ ~ i~t~
~ ~t~~~~u ~~0~~;~~ ~ t~~t~t ~
~ ~ 1~ ~ t~ ~ ~ a~i ~■l ~~kh ~ ~ ~d~li~ to ■i~dt ~ i,at~ ~ ~ ~
~ thle ~ dz~ ~ ~ ~1'a~~ii~~~~~
but ~ti~ ~ ~ ~ tam. ~ ~ t~ ~
1~ ~eme tb~ ~a]■ ®e' i~ t]>~ ~dl~l~ ~ ~ ~ ~'a ~ ~ rid ~ ~i~ tie ]~d t~ ~1 ~3 ~ 4 ~ ~ f 11 ik h~~ ~ ~ ~ i i~ ~d ~e }ad t~ ea ~ ~ a~
3# ~,i~8t~~~Y3~~m1~a~~~ I~ ~laa~~ 0d~t~~~~#~. ~~dad~
35 ~ea~ ~e litic ~ ~ ~ ~,r~,i~ ~ ~ 2 ~ ~ mac.
i~ ~eea ~ti i~ ~ b~$ eee® to ~ ~ ideut ~ ~
Y~ 81~ il: aaw~ 1110 t~d.~ ~ ~m1 ie gnat 1~ ~]1 a~ ~ t a~ ~ ~7~
I ~ nee m ea>0 ~vm ~ i~'# ~ ~ C' iii ~ ~ ~d ~ I ~ 1~dl,a I'■
#1~ ~E t11~ i+~da~ mould he ~d~ ~ i~ t~ 00t ar 9 ~ 1~~ ii I mad tia ta}}1 you t'h~ 0}
3 i ~ plod ~ 0~d ~ a~0et ~ ~ ~ ~ aid ~~d ~ ~ ~ a< ~
wait ~a ~ ~ I~ ~ a ~1 pelf • {sY t~ ~ ~ t ~ 1~ tl>~ i~ ~ ~ 9 3 ~ ai~ - '~]l~ ~]l~~ it's ~ the ~
~ ~ t1~~ dot ~4~~ a~ 0rI1~ ~ ~ ~ ~ ~ i ~ ~ ~ aid i■. ~1~d it ~a ~
~5 ~1~. ~ ~ ~ aL ~e d~ tt~ 9 ~ ~~~e eft.
~a
3 ~r ~aa~i~t~ ~ ~ ~ ~ eed ~ ~1 ~ ~ ~ ~ fit. if ~ ~ ~t t1~
5 1~ ~ ~d71 ~m~i~ ~ $ ~it~~d 5~ e 5 p~apedt~. ~ ~di~ ~'v~ ~ ~ 8m~~ ~ ~ ~ tom. ~ ~ ~ i~ * ~ ~►ld tt~ e~It~l ~ t~ ~ ~d
~ id w■ ~ a■d a hid a~col ~ i~ ~ e~ ~ ■d.t i~ x i~a, ~ tl~tk' ~
~ ~ ~~~~1~1 ~ t~ e■ ~ h~ ~m1 ~.ke. ~ ~d tie g kit ~ lip t]~ ~ ~ ~ t~ D~'r ~ ~ ~aa~ i~ pledr~ 11~ ~ I ]mop ~ Dili ~ ba rG ~ g~~. ~ tie ~ lid to e8~eee deb, ~ ~ i~
11 ~ ~ ~ ~ en ~~i,~ ]dim. ~ ea ~ ii ~ wed ~r tom. ~ ig ~ ~ medr ~
1] e~ml e~ ~dth t~ ~ ~ ~ ~ ~ ~ ~ i3 re~ie~ ~ ~ ire ~ i~~ t~ r
1~ wdth i~ ~'A ~a ~ ~ tha ~1 Ord 1~ ~ ~rl~~ ~op~sirg b~ ~ ~lvrro~3~a.~ ~ ~
1~ I~et ~mld ba ~ll~ oo~l ~d ~ #'d ]tee 1~ a~ii~ i~ ~ i~~ k~ ~a ~u]~ ~d~F.h
~~ie~he~~e~~ ~~e~ ~~~~A~rm~~ e~~ ~
1~ it ~ I~ ~i~ ~L~ be I 1~ i~'~ i~ mr~+ ~li~ ~dtn ~~t ~'t 1 ~ ~ ~d ~ ~ ~ ~ dn~ee~ ~ ~ ~ ~ ~ ~ i~ ~ ~ ~er~ ~.il Ud7~ ~t ~'re
~ d ~ ~ ~ ~ ~ ~ ~e ~ ~ ~ ~ ~ ~ i~~ ~ ~e~ i~la~ t~ ~
~ L a~ae~ ~e ~ e~ ~ ~ ~ ~i ~ee~r ~ tia ~ r ~ ~ ~ ~d
I''~ f~'~ b~ b~ ~ r I i~'~ ~G ~ I~ . It'd ~Gik ~1~1L ~f].d i~r ~
3 ~ ~ ~ar~ ~am~ ~b~! is ~ ~t ~ ~l~e■~ ~~d ~le~~ ~d1~ T~ tia ~ they
i is ~ ~ Ploe~, ~ ~r~ i$ ~ L ~ ~ ~ _
~ iooe~. tau ~r z ~ ~ gee ~ tia ~ ~ a~ ~ ~ ie ~
~ 1!~ e~ ~am~ ~ ~d]11ad~ t~ ~ ~ 1~nw~t ~ ~ ~ ~ bu~3~~ ~ ao■d
~ ; tom. ~ ~ ~ ~'t ~ ~ e~rtbia ~ i~ld ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i~~ ~ did ~ ~ ~e~~ g ~ ~md ~ed~ yea Bret ~ ~ ii mr, ~
~ leer ~ , it ~ ~a ~i.~. t ,tea ~ ~ ~ ~ ~ ~ ~ ~ t~ a~~
is r~~~~~ ~ ~~~~~~m• i~ ~ ~
i 3 eea ~ ~ ~ ~ aen ~ ~ r=afd~, ni i3 ~ ~d31 ~ ~ -
i 8 ~ t ~ i~ kme is ~ is I' 11 ~ ~ ~ ~erime. ~ ~ ~ ~ ~
~ ~ i~ v,~. ~ y4l ~ ~ ~ ~ rids r ~ ~ ~ I~r~ it ~t ~ ~ R~~* ~ ~.r~. 3 ~ ~e~ ire ~ ~ ~ ~
~ ~ ~ rte. ~k ~ 3 t~da ~ ~rrti ~ ~
L t~~ 1 ~ t~~. l~t~~t~t~
~ p~]~, ~ ~ ~ aa~ ~aali ~ ~ is bid ~lbd ~ ~ bra mid ~a ~ ~ ~
~ I~ Pl,~d ~itg ~i~~ t~ 1 ~ I~ ~ ~ trees. ~ ~ ~ ~ ~ ~ ma ~
~t ~ ~~~~~t~t~~~
~ ir~d~t~ ~ t~ ~ ~ i~t, ~ ~r ® 5 11~11~ I t;hddE t'~ ~ two~~~~ ~ ~Oa~~~~~~~ ~
~ 3~ ~ ~ #fti~ ~ ~I~1 tai ~ ~ ~ . ~ ~ i tom[
e ~ t~~e - I~~ be ~ m ~Q s ~ a 1i~7~ ~ et~r ~ re~lig ~ I~ ~ ~ f~.
~ ~~tll~~ ~ ~ ~ib~l t~~ ~
ii i~ ~ ~~~t~p~~~ ~1
1 ~ I~~ ~ t~ ~r ~ ~ ~ ~ 1# i~r~ ~ ~r~i~ ~ ~ ~9 I
~T 1~k is 1~ ~ i~ ~t tQ ~ t~ ~ itr
2 ~ d~~ t~ be meek. 1~ 1~ ~ t~ ~ end I~ I~ ~ i~ .
~ ~#~k~ Ite~~lt~i~~ Imo, t~~oalot ~
~ ~ ]~k. ~ ~ v~ ~ ter . ~ Art ~ t~ A~1ia ~a a]®et 1, ~DrG ~ t~ ie in ~
~ R a pd~e~ 3~ ~ ~ need ~ Au 3~ ~ ~ ~ ~ ~ ~ r
~ I~ i bt~~,~i,~e~ I■e~ a~mm~ ~ 1 l~d'~~~t~di 1n,, ~t'~~
~ Paz t ~ rt~~~ ~+~i~~
~ ~~~~~~q~~~~r~~~ 1~ ~ ~ ~r~ e~~~em~, r~~al~
~r~rd~, 14 ~ ~ Imar ~ ~ ie~. bd ~
11 i dm~ t k'~ hem~ee ~ ~ i~ ~ 1 ~ ~ ~ X71 ~ ~ ~ buFf~r
t~ ~ ~ t]~ #flilt i~ ~Q I ~~t t~ tit 1 ~ ye ~e ~a ~ a d~d~li~ ~ ~d ~ hif~a m ~
1~ ~ ~ ~~r ~ ~ ~t ~ emu. l ~ a~ ~ ~ ~ $dbf hm~ly~ ~t ~1 ~ ~ 1i11®~;f I ~ ii l~~ ~ kid. 7~ ~ ~ ~ eA~ tee. ~e ~
~ikf~~~i„ ~ild~ ~t~h~ 1~ ~~~ou~a pup
l'~ I~iF '&~i ~I~r 4~ ~ ~ l ~ ~ ~ ~1~ Il l~ 'l~ F]wl~ ~
1~ i~. X411 ~ ft ~~~i~ ~■h• ~ i~ 1 ~ ~ ~ne~d~ ~ ~1■p~ ~ ~~`~0C .
i~ ~ ~eeh~ ~ 3'~, ~ ~ mid ~ ~ 14td ~ ~ ~ ~r ~ tai ~ ~ dad i~r tiaa.
~1 ~ ~ i ~t'e ~ lit
~ ~ mil. ~ ~ ~ Ic,~d~ ~ , idd f'~ got ~ ~ ~i~ ~ e~t1~ .
~l~ ~ ~ ~ ~ t~dl~+ k~■ ~ ~ ~r#i~ ,1~, ~ ~ 1~ ~ ~ Aft ~
~ ~~~~r~e~r~~ s~ ~i~~t~~
~ a~
1 to t~ a~ nth ~ 4~]~ ~ ~ 1 ~ r ~k ~u~ I ~ ~
~ l~nfq~ ~ I tiea ~ ~ ~ m t~ ~ t~ ~ ~ r~ptrt. J~ ~
~ t~~u it t~ ~ ~
~ ~l~ i~ ~ ~ ~ . is ~dthr~ ~•1 ~ ~ ~ 2 ~eu7~ ]~ileE t~ ~ ~
~ I~. t~ 3~e+ fir. a 4~L~, I ~ ~ ~
i ~ ].ice ~d ~1 ~ ~ mfr ~ ~ ~ t~ ~ kT~ b~ ~
' ~4]R414 ~ - . 13 Iti~ ~E ~ ~ ~ ~ l~Y~~ i F1'd~ ire ~ a 1~ gyp. ~ ~e om~■dt. ~t ~~t, ~d ~ ~ ~h d 1~ ~
1 ~ t~ii f.~ ~ ~ ~ 3~ i ~ ~ ~ i~■ f!!Si ■tii ~i ~i T ~ ~ili~ ~ 1~4~Y
1~ ]R. I~4~ 1tfe~. 1'~ ~ ~ ~r I ~44~ ~ ~r~ll ~ ~ i ~ ~ ~ ~ ~ 1~ pmt. nd ~ tl~c t~ ~11~ # ~
~ ~ 4~ ~d,#~ ~ ~ ~d~ liloM Idbd ~d.~ii ~t ~ ~ ~ ~ ~ t~ ~ t!~ i~ ~ t~ ~■m~
4~
1 ~ ~ 1~+ ~ - ~ ~ ~ 1D~+ ~ 1 Imo. ~~~li ~ ~ ~ ~ ~
~
~ ice. if L ~ ~ I~ ~ ~ ~ ~El~ ~I~i.
~ ~er~ i b~ ~ p~ ~a ~t ~ 1itt~ ult ~d~. ~ ~ ~ ~ }m.
~ ~ ~t~r i~~x~lf~~ ~ ~ ~~~dth~~d~"~I~ithk~ i~
1~ ~ ~~~1 1~ ~eed+~~~~~~ its it•
~d ~ i 1 ~ ~ ~ m ~4i~ ~4~. ~ yea ~ a his ~
I~. ice: ~ I ~ ~t kl~i 1~ 1~'1~ t~ ~ ~ min, ~ i~ ism A'~ ~v io t~ ~ ~ I+~. ~i~~ i~
t~ ~L~ ~ ~ ~ ~ r ~r i~ ~ Ike ~.#m' 1~e ~i~ 1~ ~
15 ~ o~ ti~5. ~t ~e Y'~ ~ t~ bid ~®e t~ ~ i~ ~
ia. ~ is i,~tb~~at~f~~~~~~,~~~~
1~ 1
~ ~ ~t dot t~ ~ ~~4 ~ i ~ a ~tl~ ~ a~el ~ i~ ~1~ ~ap®1 ~ I~
~i Imo, ~~.h ail ~ ~ ~1~.
~ ~ i~ ~ ~ ~ 4l~1~: h11 rte, I~ ~
FF L ~,i~ ~dti~ 1~. 1
1 ~~rbi~d~ ~ S ~
~ b~C. ~
~ k~. ~ ~
3 ~ i~ l~
11 ii
i~ 1~
13
1~ ' 1~
1~ 1~
lF 1T
1~
1~ ~
~ i ~1 •
~
35
1 ~
~ ~
~ ~ ~ ~
~ ~ '
~i ~
7 ~ ,
~ ~ ~ ~
i4 1~
21 11
1~ 1~ 13
1~
1~ l~
1~ 1~
1'~ 3 ~
L~
~1
EXHIBIT 21
~ ~ml Q~~
Il~~E
T Il~~ ~F T'I~ ~ ~F I~~!'~, RIND ~ ~
~I ~~iS SIT[ IlTL ~I~~ ~ ~ 1
~ ~ 1 ~IT~ T:I'~E ~T~ ~ IN~PI~~T
Tffi~ TIN ~ ~~r I'I`
TIC B ~E~4~~ ~,1 ~ ~ ~l~ L~~
~'T~ ~ ~F ~~a ~'~N ~LT~'I'3~~ T FIST F~1~ ~ i~T~~~T
THE ~ ~ L~~l~i~ 'Fa
IS'I'S. ~~`l1~IP~~~~~
~ ~ ~a~t1~ ~~F~~~ ~ ~I'I~d 1,~ ~ in ~k ~ mod'
~ t~tlnei~I ~ ~ ~1~eti~a ~ u~a
a~1 read ~d
~t~~l~~t~ i~~~t~~~P'I~t
~ ~
'I'h~ its ~ ,ed m t~ ~1~ ~f ~i~
' ~ rat ~
~ ~~p~tadber~ ~ P~i~it ~~R ~ ~ m t~
~~in~ull~a~~,
Thy ~ i,~# use ~ ~ttf~ Fi~r~F~
~n ~m d ~ Itti~ ,~1 N ' Rai ~ -
Iii l pled ~ ~ fit ~ ~iitia~ t~ died r~a~ P~ i t~ ~ r ~ ~
~~ial~ t~ eta
If i ~a ~ the ~,~pti~a ~ac~f ~ ~
~1 ~r~f
~ fmad a ~ ~a~ ~ ~ F # ~ p~~i~i~a ~ft~ ~ d X11
~a~p~~i~
T~~~~~1~~'afr~t~~~it~
~ ~~a~i~l~t~ ~ti~~~ttii~ ~~1~
pia fi~ ~1 ~f i~ Baas
~ ~
~~TF~T~
~ ~T~ f
~ T~ L~~ Fes:
~ ~ ~NI ~
EXHIBIT A
INSPIRATION MPC LEGAL DESCRIPTION
TRACT I
FIELD NOTES to all that certain tract of land situated in the following six surveys: 1) E. Pizano
Survey Abstract-Number 994; 2) G. Pettingale Survey Abstract Number 1041, 3) J. Taft Survey
Abstract Number 1269, 4) G. West Survey Abstract Number 1393, 5) B.B.B. & C. Railroad
Company Survey Abstract Number 159, and 6) B.B.B. 6 C. Railroad Company Survey Abstract
Number 158, in Denton County, Texas and being the McCutchin lands known as Pilot Knob
Ranch lying West of Interstate Highway 3 5 West, south of F.M. Highway 2449 and North of Crawford Road, as recognized and occupied on the ground; the subject tract being more
particularly described as follows:
BEGINNING for the most Southerly Southwest corner of the tract being described herein at the
recognized Southwest corner of the E. Pizano Survey in the middle of Crawford Road, same
being the apparent Southwest corner of a called 400 acre tract of land described in the McCutchin
Deed recorded in Volume 321, Page 65 of the Deed Records of Denton County, Texas; an iron
rod set from which a 8 inch bois d'arc fence corner post in concrete bears North 25 feet;
THENCE North 00 degrees 04 minutes 29 seconds West with the West line of the said survey
and said 400 acre tract a distance of 3345.0 feet to the monumented Southwest corner of a called
1491.6 acre tract of land described in the McCutchin Deed recorded in Volume 296, Page 503 of the said Deed Records; a 1 1/2 inch iron pipe found at a bend in a very old abandoned
road from
which a 9 inch steel fence corner post in concrete bears South 15 feet and East 6 feet;
THENCE North 00 degrees 04 minutes 29 seconds East generally along a fence with the
monumented West line of the said 1491.6 acre tract and the said survey a distance of 3 074.86 feet
to a reentrant corner of the said tract,-same being the apparent Northeast corner of the M.
Scurlock Survey Abstract Number 1141 and the Northwest corner of the said Pizano Survey in
the South line of the G. Pettingale Survey Abstract Number 1041; a bois d'arc fence corner post
~in concrete from which a 11/2 inch iron pipe bears East 3 feet;
THENCE North 89 degrees 35 minutes 40 seconds West generally along a fence with the South
line of the said 1491.6 acre tract and the apparent South line of the said Pettingale Survey a
distance of 1215.55 feet to a bois d'arc fence corner in concrete at the West Southwest corner of
the said tract, same being the apparent Southwest corner of the said Pettingale Survey and the
apparent Southeast corner of the F. Garcia Survey Abstract Number 502; THENCE North 00 degrees 40 minutes 51 seconds East generally along a fence with the
recognized and occupied West line of the said 1491.6 acre tract a distance of 3802.57 feet to a
bois d'arc fence corner post at the Northwest corner of the said tract;
THENCE South 89 degrees 39 minutes 42 seconds East generally along a fence with the North
line of the said tract a distance of 5 806.06 feet to a reentrant corner of the said tract; a bois d' arc
fence corner post in concrete from which a 1 inch iron pipe bears East 3 feet;
THENCE North Ol degrees 51 minutes 13 seconds East with a fence a distance of 92.21 feet to a
bois d'arc fence corner in concrete at a salient corner in the North line of the said tract;
THENCE South 89 degrees 56 minutes 51 seconds East generally along a fence continuing with
said North line a distance of 5406.7 feet to the Northeast corner of the said 1491.6 acre tract in the West line of the 895112 acres set apart to Randolph Paine in the partition
of the Estate of J. H.
Paine as described in the Field Notes recorded in Volume 296, Page 503, same being the West
line of the called 1 st tract described in the Deed to McCutchin recorded in Volume 3 04, Page
123; an iron rod set in John Paine Road from which a bois d'arc fence corner post bears West
13.8 feet;
THENCE North 00 degrees 24 minutes 24 seconds East along the middle of said road and with
the West line of the said McCutchin 1 st tract passing its Northwest corner and the Southwest
corner of the called 3rd tract recorded in Volume 304, Page 123 and the South line of the G. West
Survey Abstract Number 1393 and continuing with the middle of the said road and the apparent
West line of the said 3rd tract, in all, a total distance of 6119.52 feet-to the Southwest corner of
the tract described in the Deed to the State of Texas for F.M. 2449 right-of way recorded in
Volume 537, Page 150 of the Deed Records of Denton County, Texas; an iron rod set: from
which a wooden right-of way marker at a corner of the East line fence of the said road bears
North 44 degrees 41 minutes East a distance of 44.feeti
THENCE North 44 degrees 41 minutes 34 seconds East with the monumented South line of a
flare in the South right-of way of F. M. 2449 a distance of 231.60 feet to a wooden right-of way
marker at the end of the said flare and being -in a curve to the right having a radius of 1096.28 feet;
THENCE in a Southeasterly direction continuing with the monumented South line of the said
highway along the arc of the said curve an arc length of 214.93 feet (chord bearing South 66
degrees 11 minutes 00 seconds East a distance of 214.59 feet) to a wooden right-of way marker at
the end of the said curve;
THENCE continuing with the monumented South line of the said highway South 60 degrees 34
minutes 00 seconds East a distance of 2321.10 feet to a wooden right-of way marker at the
beginning of a curve to the left having a radius of 5779.65 feet;
THENCE in a Southeasterly direction continuing with the South line of the said highway along
the arc of the said curve an arc length of 150.28 feet (chord bearing of South 61 degrees 18 minutes 42 seconds East a distance el'150.27 feet) to the Southeast corner of the said
State of
Texas tract in the apparent East line of the said G. West Survey, same being the apparent West
line of the S. Pritchett Survey Abstract Number 1021; from which an 518 inch iron rod found
bears South 1.4 feet;
THENCE South 00 degrees OS minutes 31 seconds West generally along a fence with the East
line of the abovementioned McCutchin 3rd tract a distance of 1962.90 feet to the monumented
Northwest corner of the called 2nd tract recorded in Volume 304, Page 123; a 314 inch iron rod
found at a fence corner post;
THENCE South 89 degrees 28 minutes 29 seconds East with the North line of the said 2nd tract
along a fence a distance of 47.19 feet to a 314 inch iron rod found in the monumented West line of
the said Interstate Highway 3 5 West; THENCE with the West line of the said interstate highway as monumented on the ground the
following 26 courses and distances (number to coincide with the accompanying sketch);
South 26 degrees 51 minutes 50 seconds West a distance of 1541.05 feet to an angle point;
South 32 degrees 24 minutes 59 seconds West a distance of 200.99 feet to a concrete right-of way
monument;
South 26 degrees 50 minutes 48 seconds West a distance of 399.97 feet to a concrete right-of way
monument;
South 19 degrees 59 minutes 29 seconds West a distance of 201.6 feet to an angle point;
South 26 degrees 51 minutes 07 seconds West a distance of 2963.37 feet to a concrete right-of
way monument; North 32 degrees 58 minutes 24 seconds West a distance of 200.44 feet to a concrete right-of way
monument;
North 18 degrees 38 minutes 52 seconds West a distance of 155.22 feet to a concrete right-of way
monument;
North 00 degrees 00 minutes 36 seconds East a distance of 111.56 feet to a concrete right-of way
monument;
9) North 29 degrees 3 5 minutes 38 seconds West a distance of 44.23 feet to a concrete right-of
way monument in the East line of John Paine Road;
North 89 degrees 31 minutes 51 seconds West crossing said road a distance of 46.34 feet to a
concrete right-of way monument in the West line of the said road; South 30 degrees 08 minutes 29 seconds West a distance of 44.49 feet to a concrete right-of way
monument;
South 00 degrees 07 minutes 33 seconds West a distance of 210.67 feet to a concrete right-of way
monument;
South 09 degrees 29 minutes 35 seconds East a distance of 101.10 feet to a concrete right-of way
monument;
South Ol degrees Ol minutes 12 seconds East a distance of 119.57 feet to a concrete right-of way
monument;
South 32 degrees 55 minutes 17 seconds East a distance of 272.33 feet to the remains of a
concrete monument;
South 26 degrees 52 minutes 06 seconds West-a distance of 2560.36 feet to the remains of a concrete right-of way monument the beginning of a curve to the right having a radius of
11,296.19 feet;
I7) Southwesterly direction along the arc of the said curve an arc length of 606.91 feet (chord
bearing South 28 degrees 32 minutes 29 seconds West a distance of 606.84 feet) to a concrete
right-of way monument at the end of the said curve;
South 29 degrees 56 minutes 48 seconds West a distance of 2715.14 feet to a concrete right-of
way monument;
South 35 degrees 25 minutes 55 seconds West a distance of 202.01 feet to a concrete right-of way
monument;
South 29 degrees 56 minutes 31 seconds West a distance of 899.10 feet to the remains of a concrete monument;
21) South 33 degrees 04 minutes 08 seconds West a distance of 145.47 feet to a 4 inch steel fence
corner post;
22) North 89 degrees 28 minutes 51 seconds West a distance of 55.76 feet to a 6 inch steel fence
corner post at a reentrant corner of the called 69.318 acre tract described in the Deed to
McCutchin recorded in Volume 321, Page 42;
23) South 00 degrees 03 minutes 00 seconds East a distance of 91.13 feet to a 4 inch steel fence
corner post;
24) South 29 degrees 56 minutes 30 seconds West a distance of 750.28 feet to a concrete right-
of way monument;
25) South 33 degrees 22 minutes 50 seconds West a distance of 497.76 feet to a concrete right-of way monument;
26) South 29 degrees 55 minutes 50 seconds West a distance of 128.26 feet to an iron red set in
the West line of the said 69.318 acre tract;
THENCE North 00 degrees 09 minutes Ol seconds East with the said West line passing at 105
feet, a 4 inch steel fence corner post and continuing along the same course and with a fence, in
all, a .total distance of 1573.13 feet to a fence corner post at a reentrant corner of the said 69.318
acre tract;
THENCE North 89 degrees 46 minutes 33 seconds West generally along a fence and the South
line of the said tract a distance of 723.01 feet to the most Westerly Southwest corner of the said
69,318 acre tract in the East line of the abovementioned McCutchin 400 acre tract; an iron rod set in an abandoned road, from which a 6 inch steel fence corner post bears East 39
feet and a 4 inch
bois d'arc fence corner post bears West 2 feet and North 2 feet;
THENCE South 00 degrees 14 minutes 41 seconds West with the apparent East line of the said
400 acre tract and along the abandoned road a distance of 2453.18 feet to the Southeast corner
thereof in the apparent south line of the said E. Pizano Survey in Crawford Road; an iron rod set
from which a bois d'arc fence corner post bears North 25 feet and West 23 feet;
THENCE North 89 degrees 32 minutes 57 seconds West along Crawford Road with the South
line of the said tract and the South line of the said Pizano Survey a distance of 5225.00 feet to the
PLACE OF BEGINNING and enclosing 2329.49 acres of land.
TRACT II
FIELD NOTES to all that certain tract of land situated in the following seven surveys 1) B.B.B.
& C. Railroad Survey Abstract Number 158, 2) J. Taft Survey Abstract Number 1269, 3) B.B.B.
& C. Railroad Company Survey Abstract Number 159, 4) G. Pettingale Survey Abstract Number
1041, 5) B.B.B. & C. Railroad Company Survey Abstract Number 160, 6) S. Pritchett Survey
Abstract Number 1021, and 7) G. West Survey Abstract Number 1393, Denton County, Texas
and being the McCutchin lands known as Pilot Knob Ranch lying East of Interstate Highway 3 5
West, recognized and occupied on the ground; the subject tract being more particularly described
as follows:
BEGINNING at a salient corner of the called 1491.6 acre tract described in the Deed to McCutchin recorded in Volume 296, Page 503 of the Deed Records of Denton County, Texas and
called in the said Deed to be the Southeast corner of the J. Taft Survey; an iron rod set in John
Paine Road at its intersection with Johnson Lane from which a 1 inch iron pipe bears West 23.6
feet and North 25 feet;
THENCE South 00 degrees 02 minutes 39 seconds West with the East line of the B.B.B. & C.
Railroad Company Survey Abstract Number 158 in said John Paine Road being the East line of a
called 215 acre McCutchin tract described in the Deed recorded in Volume 298, Page 318 of the
said Deed Records, a distance of 3648.27 feet to an iron rod set for the Southeast corner of the
said 215 acre tract from which a bois d'arc fence corner post bears West 13.5 feet;
THENCE North 89 degrees 32 minutes 20 seconds West generally along a fence with the South line of the said 215 acre tract a distance of 2290.84 feet to the apparent and occupied
Southeast
corner of the called 5 acre tract excepted to in the Deed describing the said 215 acre tract; an iron
rod found at a fence corner post;
THENCE North 00 degrees 58 minutes 25 seconds East generally along a fence with the East line
of the said 5 acre tract a distance of 497.55 feet to the occupied and recognized Northeast corner
thereof; an iron-rod found at a fence corner post;
THENCE North 89 degrees 28 minutes 51 seconds West generally along a fence with the North
line of the said 5 acre tract a distance of 274.12 feet to an iron rod set in the Easterly right-of way
line of Interstate Highway 3 5 West;
THENCE with the East line of the said Interstate Highway as monumented on the ground the
following 20 courses and distances (numbered to coincide with accompanying sketch);
North 29 degrees 55 minutes OS seconds East a distance of 847.36 feet to a concrete right-of way
monument;
North 24 degrees 19 minutes 46 seconds East a distance of 203.06 feet to a concrete right-of way
monument;
North 29 degrees 57 minutes 39 seconds East a distance of 2716.63 feet to a concrete right-of
way-monument at the beginning of a curve to the left having a radius of 11051.73 feet;
Northeasterly direction along the arc of the said curve an arc length of 623.08 feet (chord bearing
of North 28 degrees 24 minutes 50 seconds East a distance of 623.01 feet) to a concrete right-of
way monument; North 26 degrees 51 minutes 24 seconds East a distance of 2147.84 feet to a concrete right-of
way monument;
South 89 degrees 28 minutes 18 seconds East a distance of 470.78 to a concrete right-of way
monument;
South 75 degrees 54 minutes 08 seconds East a distance of 71.35 feet to a concrete right-of way
monument;
South 89 degrees 46 minutes 35 seconds East a distance of 80.17 feet to a concrete right-of way
monument;
North 72 degrees 34 minutes 49 seconds East a distance of 52.80 feet to a concrete right-of way
monument in the South line of Allred Road;
North 17 degrees 13 minutes 20 seconds east crossing said road a distance of 51.61 feet to a concrete right-of way in the North line of the said road;
North 69 degrees 3 0 minutes 03 seconds West a distance of 229.53 feet to a Concrete right-of way
monument;
North 54 degrees 05 minutes 14 seconds Nest a distance of 163.42 feet to a concrete right-of way
monument;
North 33 degrees 12 minutes 11 seconds West a distance of 210.76 feet to a concrete right-of way
monument;
North 26 degrees 51 minutes 41 seconds East a distance of 3165.30 feet to a concrete right-of
way monument;
North 36 degrees 44 minutes 37 seconds East a distance of 203.09 feet to a concrete right-of way monument;
North 26 degrees 49 minutes 40 seconds East a distance of 399.43 feet to a concrete right-of way
monument;
North 33 degrees 24 minutes 38 seconds East a distance of 400.30 feet to a concrete right-of way
monument;
North 26 degrees 39 minutes 55 seconds East a distance of 399.88 feet to a concrete right-of way
monument;
North.l5 degrees 48 minutes 59 seconds East a distance of 305.23 feet to a concrete right-of way
monument;
46) North 26 degrees 54 minutes 23 seconds East a distance of 833.65 feet to a 1 inch iron rod found in the North line of a called 2nd tract in the McCutchin Deed recorded in Volume
3 04,
Page 123;
THENCE South 89 degrees 54 minutes 09 seconds East generally along a fence with the North
line of the said 2nd tract a distance of 1997.83 feet to a 1 inch iron rod found at the Northeast
corner of the said tract in the apparent East line of the S. Pritchett Survey Abstract Number 1021;
THENCE South 00 degrees 13 minutes 57 seconds East generally along a fence with the East
line of the said 2nd tract and said survey crossing Roark Branch and continuing along said course,
in all, a total distance of 2217.65 feet to a 1 inch iron rod found at the Southeast corner of the said
2nd tract and said survey;
THENCE South 89 degrees 3 8 minutes 41 seconds East generally along a fence with the North line of the called 200.935 acre tract described in the Deed to McCutchin recorded in Volume
328,
Page 332 and the apparent North line of the B.B.B. & C. Railroad Company Survey Abstract
Number 160 a distance of 2659.26 feet to the Northeast corner of the said 200.935 acre tract and
said survey; an iron rod found in the middle of Bonnie Brae Road from which 12 inch steel fence
corner post bears West 31 feet;
THENCE South 00 degrees 39 minutes 53 seconds East along Bonnie Brae Road with the East
line of the said tract and the said survey a distance of 3265.02 feet to the Southeast corner of the
said 200.93 5 acre tract in the intersection with Allred Road; an iron rod set from which a 6 inch
fence corner post bears North 18 feet and West 31 feet;
THENCE North 89 degrees 27 minutes 39 seconds West along Allred Road with the apparent South line of the said tract a distance of 3609.61 feet to an iron rod found at the Northwest
corner
of a called 147.58 acre, tract of land described in Deed from G. H. Flowers et ux to McCutchin
Investment Company Inc. recorded in Volume 332, Page 86 of the said Deed Records;
THENCE North 89 degrees 41 minutes 30 seconds West continuing along Allred Road, passing
the Southeast corner of the said Pettingale Survey and continuing along the same course with the
South line of the Pettingale Survey and the North line of the B.B.B. & C. Railroad Co. Survey
Abstract Number 159, in all, a total distance of 2122.09 feet to the Northeast corner of a called
142 acre tract described in the Deed to McCutchin recorded in Volume 301, Page 522 of the said
Deed Records; a nail feue5 from which a fence corner post bears South 25 feet;
THENCE South 00 degrees 06 minutes 52 seconds West generally along a fence with the East line of the said 142 acre tract a distance of 2639.77 feet to the Southeast corner thereof
in the
apparent South line of the said B.B.B. & C. Railroad Co. Survey Abstract Number 159; an iron
red set in Johnson Lane from which a fence corner post bears North 10 feet and another fence
corner post bears North 32 feet;
THENCE North 89 degrees 27 minutes 34 seconds West along Johnson Lane with the South line
of the said tract and survey a distance of 2353.07 feet to the PLACE OF EGINNING and
enclosing 917.60 acres of land.
TRACT III
FIELD NOTES to all that certain tract of land situated in the S. Pritchett Survey Abstract No. 1004, the G. West Survey Abstract Number 1393, the L Byerly Survey Abstract Number
1458
and the J. Dalton Survey Abstract Number 353, Denton County, Texas and being all the 4th, 5th,
and 6th tracts and a part of the 3rd tract described in the Deed to McCutchin recorded in Volume
3 04, Page 123 of the Deed Records of Denton County, Texas; the subj ect tract being more
particularly described as follows:
BEGINNING at a 1 inch iron rod found at the called Northwest corner of the S. Pritchett Survey
Abstract Number 1021, same being the South Southwest corner of the called 51 acre 5th tract
mentioned above;
THENCE South 00 degrees 04 minutes 56 seconds West generally along a fence with the West
line of the said Pritchett Survey Abstract Number 1021, same being the East line of the said G. West Survey and the East line of the said 3rd tract, a distance of 997.02 feet to
the most Easterly
Northeast corner of the tract described in the Deed to the State of Texas for F. M. 2449 right-of
way recorded in Volume 537, Page 150 of the said Deed Records; a point in the North line
thereof 0.2 feet North of an iron rod found and being in a curve to the right having a radius of
5679.65 feet;
THENCE in a Northwesterly direction along the arc of the said curve and the North line of the
said highway an arc length of 94.70 feet (chord bearing of North 61 degrees 02 minutes 39
seconds West a distance of 94.69 feet) to a wooden right-of way marker at the end of the said
curve;
THENCE North 60 degrees 34 minutes 00 seconds West continuing with the North line of the
said highway a distance of 2321.10 feet to a wooden right-of way marker at a flare in the said highway;
THENCE North 00 degrees 17 minutes 18 seconds East with said flare a distance of 100.0 feet to
the apparent North line of the said West survey in the middle of Underwood Road; an iron rod set
from which a wooden right-of way marker bears South 24.5 feet;
THENCE South 89 degrees 42 minutes 00 seconds East along Underwood Road with the
apparent North line of the said survey a distance of 986.30 feet to the Southwest corner of the
said 5th tract; an iron rod set at a bend in the road from which a fence corner post bears East 32
feet and South 23 feet;
THENCE North Ol degrees 46 minutes 48 seconds East continuing along Underwood Road with
the apparent West line of the said 5th tract a-distance of 1205.84 feet to the celled West Southwest corner of the Dalton Survey and the apparent Northwest corner of the said tract;
an
iron rod set from which a fence corner post bears East a distance of 23.4 feet;
THENCE South 88 degrees 57 minutes 09 seconds East along the general course of a fence line
with the North line of the said 5th, tract and the South line of the said Dalton Survey at 3 89.6 feet
an iron rod fourth for the Southeast corner of the called 2.408 acre tract described in the Deed to
Kenneth Morgan recorded in Volume 1010, Page 825 of the Deed Records of Denton County,
Texas bears North 5.4 feet; continuing along the same course, in all, a total distance of 1186.63
feet to the Northwest corner of the called 6th tract at a reentrant corner of the Dalton survey;
THENCE South 89 degrees 48 minutes 53 seconds East continuing along the general course of
the said fence with the North line of the said 6th tract a distance of 657.86 feet to the Northeast
corner thereof in the West line of the said S. Pritchett Survey Abstract Number 1004; a 4 inch bois d'arc fence corner post n concrete on the South bank of Hickory Creek;
THENCE South 00 degrees 08 minutes 38 seconds West generally along a fence with the west
line of the Pritchett Survey at 230 feet crossing Hickory Creek continuing along the same course,
in all, a total distance of 527.73 feet to the middle of Hickory Creek where crossed again for the
Northwest corner of the said 4th tract;
THENCE the meanders of Hickory Creek the following 3 courses and distances:
1) South 3 8 degrees 01 minutes 02 seconds East a distance of 256.75 feet;
South 43 degrees 16 minutes 26 seconds East a distance of 563.31 feet to a bend in the old
channel;
South 05 degrees 47 minutes 51 seconds West with the old channel a distance of 329.56 feet to the South line of the said S. Pritchett Survey Abstract Number 1004, being the North
line
of the S. Pritchett Survey Abstract Number 1021 at the Southeast corner of the said 4th tract; an
iron pipe set in the old creek bed from which across-tie fence corner post bears South 87 degrees
30 minutes West a distance of 67.5 feet;
THENCE North 89 degrees 53 minutes 44 seconds West along the general course of an old fence
line with the North line of the said S. Pritchett Survey Abstract Number 1021, passing the
Southwest corner of the S. Pritchett Survey Abstract Number 1004, continuing along the same
course, in all, a total distance of 1272.40 feet to the PLACE OF BEGINNING and enclosing
96.85 acres of land.
TRACT IV
FIELD NOTES to all that certain tract of land situated in the E. Pizano Survey Abstract Number
994, Denton County, Texas and being part of the called 69.318 acre tract described in the Deed
from William L. Gravley et ux to Alex McCutchin recorded in Volume 321, Page 42 of the Deed
Records of Denton County, Texas; the subject tract being more particularly described as follows:
BEGINNING for the Southeast corner of the tract being described herein at a 6 inch steel fence
corner post at the South Southeast corner of the said 69.318 acre tract;
THENCE North 87 degrees 13 minutes 13 seconds West with the South line of the said tract
generally along a fence at 303.6 feet passing the end of the said fence and continuing along said
course, in all, a total distance of 359.06 feet to the remains of a concrete right-of way monument in the East line of Interstate Highway 35 West;
THENCE North 30 degrees Ol minutes 38 seconds East with the East line of the said highway a
distance of 153.66 feet to a concrete right-of way monument;
THENCE North 27 degrees 03 minutes 45 seconds East continuing with the said highway a
distance of 500.93 feet to a concrete right-of way monument at an angle point in said highway;
THENCE North 29 degrees 54 minutes 55 seconds East with the said highway a distance of
106.75 feet to an iron rod set for the North corner of the herein described tract in the East line of
the said 69.318 acre tract;
THENCE South 00 degrees 03 minutes 00 seconds East with the East line of the said tract
generally along a fence a distance of 689.05 feet to the PLACE OF BEGINNING and enclosing 2.82 acres of land.
SAVE AND EXCEPT:
4.102 ACRE TRACT
FIELD NOTES to all that certain tract of land situated in the I. Byerly Survey Abstract Number
1458 and the J. Dalton Survey Abstract Number 353, Denton County, Texas and being a part of
Tract III described in the Deed from Perot Investment Partners, Ltd. to Hillwood/McCutchin, Ltd.
recorded in Volume 2470, Page 678 of the Real Property Records of Denton County, Texas; the
subj ect tract being a strip off the North end of the said Tract III and being more particularly
described as follows: BEGINNING for the Northwest corner of the tract being described herein at the Northwest corner
of the said Tract III at a 1/2" iron rod found in Underwood Road (approximately 54 feet wide as
fenced at this point) 23.4 feet Westerly from a fence corner post on the East side of the road and
further being the called West Southwest corner of the said J. Dalton Survey;
THENCE South 88 Degrees 57 Minutes 09 Seconds East with the North line of the said Tract III
and the South line of the said Dalton Survey, at 389.6 feet an iron rod found for the Southeast
corner of the called 2.408 acre tract described in the deed from Kenneth Morgan et ux to William
Clinton Lynch et ux recorded in Volume 2190, Page 507 of the said Real Property Records bears
North 5.43 feet; continuing along the same course, in all, a total distance of 1186.63 feet to a 1/2
inch iron rod set at an angle point in the North Line of Tract III at a reentrant corner of the said
Dalton Survey; THENCE South 89 Degrees 48 Minutes 53 Seconds East continuing along the general course of
the said fence with the North line of the said Tract III a distance of 657.86 feet to the Northern
Northeast corner thereof in the West Line of the S. Pritchett Survey Abstract Number 1004; a 4"
bois d'arc fence corner post in concrete on the South bank of Hickory Creek;
THENCE South 00 Degrees 08 Minutes 38 Seconds West generally along a fence with the East
line of the said Tract III and the West line of the Pritchett Survey a distance of 100.00 feet to a
112 inch iron rod set for the Southeast corner of the herein described tract;
THENCE North 89 Degrees 15 Minutes 3 5 Seconds West severing Tract III and crossing the East
line of the Byerly Survey and the West line of the Dalton Survey, continuing along the same
course, in all, a total distance of 1847.30 feet to a 112" iron rod set for the Southwest corner of the
herein described tract on the West line of the said Tract III in Underwood Road 23 feet Westerly
from the fence on the East side thereof;
THENCE North Ol Degrees 46 Minutes 48 Seconds East with the West line of Tract III a distance of 100.00 feet to the PLACE OF BEGINNING and enclosing 4.102 acres of land.
Exhibit B
PI TI
Zoning Document
Development Standards Document
Including
Zoning Districts
Limitations
Development Thresholds
General Regulations
Site Design Standards
Parking Standards
Signage
Environmentally Sensitive Areas
Transportation
Definitions
Additional Standards
General Note: Except as clearly and specifically stated herein, the provisions of this
document are subordinate to all ordinances of general application in the City of Denton,
Texas. The provisions of this document do not modify or amend any ordinance of the
City of Denton, and have no applicability whatsoever outside the Inspiration Master Planned Community. The terms of this document serve as limited exceptions
to the
general zoning standards of the City of Denton, only to the limited extent specified
herein, and are intended to be construed narrowly and restrictively. Any stated
exceptions to specific sections of any ordinance or land use standard shall apply only to
the limited extent necessary to achieve the stated exception, and all other requirements of
such cited provisions that are not specifically excepted shall continue to apply in full
force and effect within the Inspiration Master Planned Community.
§ 35.5 shall be excepted as follows:
Only those uses listed in the tables below shall be permitted in each phase of the
Inspiration MPC development in the areas so designated on the Development Plan Map.
If there is a question as to whether a use not listed below is permitted, the Director of
Planning shall make a determination whether the use is permitted or prohibited.
Neighborhood Districts:
NR-1 Neighborhood Residential 1
NR-1 (N) Neighborhood Residential 1N
NR-2 Neighborhood Residential 2
NR-3 Neighborhood Residential 3
NR-4 Neighborhood Residential 4
NR-6 Neighborhood Residential 6
NR-10 Neighborhood Residential 10
NR-15 Neighborhood Residential 15
NR-20 Neighborhood Residential 20
Permitted Uses:
The following uses and their accessory uses are permitted as contained in the use tables
below:
o ~ o ~i ~ N M ~ \0 ~ ~ N
Residential Land Use Categories ~ ~ ~ ~ ~ ~ ~ ~ ~
Agriculture P P P P P P P P P
Livestock IL(1) N IL(1) IL(1) IL(1) IL(1) IL(1) IL(1) IL(1)
Single Family Dwellings P N P P P P P N N
Accessory Dwelling Units IL(2) N IL(2) IL(2) IL(2) IL(2) IL(2) N N
Attached Single Family Dwellings N N N N N P P P P
Dwellings Above Businesses N N N N N N P P P
Live/Work Units P N P P P P P P P
Duplexes N N N N N P P N N
Community Homes For the Disabled P N P P P P P P P
Group Homes N N N N N N SUP SUP SUP
Multi-Family Dwellings N N N N N N P P P
Manufactured Housing
D 1 mn N N N N N N N N N eve op e is
P = Permitted, N =Not Permitted, SUP =Specific Use Permit Required, IL(x) =Limited
as defined on page 10.
~ ~ ~ ~ ~ N M ~ 10 ~ ~ N
Commercial Uses ~ ~ ~ ~ ~ ~ ~ ~ ~
Home Occupation P N P P P P P P P
Sales of Product Grown on Site N N N N N N N N N
Hotels N N N N N N N P P
Motels N N N N N N N N N
Bed and Breakfast N N N N N N N P P
Retail Sales and Service N N N N N N N IL(3) IL(3)
Movie Theaters N N N N N N N N N
Restaurant or Private Club N N N N N N N IL(4) IL(4)
Drive-through Facility N N N N N N N N N
Professional Services and Office N N N N N N N IL(3) IL(3)
Quick Vehicle Servicing N N N N N N N N N
Vehicle Repair N N N N N N N N N
Auto and RV Sales N N N N N N N N N
Laundry Facilities N N N N N N N P P
Equestrian Facilities SUP N SUP N N N N N N
Outdoor Recreation P N P P P P P P P
Indoor Recreation N N N N N N N N N
Maj or Event Entertainment N N N N N N N N N
Commercial Parking Lots N N N N N N N N N
Administrative or Research Facility N N N N N N N IL(s) IL(s)
Broadcasting of Production Studio N N N N N N N IL(s) IL(s)
Sexually Oriented Business N N N N N N N N N
Temporary Uses IL(6) IL(6) IL(6) IL(6) IL(6) IL(6) IL(6) IL(6) IL(6)
P = Permitted, N =Not Permitted, SUP =Specific Use Permit Required, IL(x) =Limited
as defined on page 10.
/"1
~ ~ ~ ~ ~ N M ~ `0 ~ ~ N
Industrial Land Use Categories ~ ~ ~ ~ ~ '
Z ~ ~ ~
Printing /Publishing N N N N N N N N N
Wholesale Bakeries N N N N N N N L(~) L(~)
Manufacture ofNon-odoriferous
Foods N N N N N N N N N
Feed Lots N N N N N N N N N
Food Processing N N N N N N N N N
Light Manufacturing N N N N N N N N N
Heavy Manufacturing N N N N N N N N N
Wholesale Sales N N N N N N N N N
Wholesale Nurseries N N N N N N N N N
Distribution Center N N N N N N N N N
Wholesale Storage and Distribution N N N N N N N N N
Self service Storage N N N N N N N N N
Construction Materials Sales N N N N N N N N N
Junk Yards and Auto Wrecking N N N N N N N N N
Kennels N N N N N N N N N
Veterinary Clinics N N N N N N P P P
Sanitary Landfills, Commercial
Incinerators Transfer Station N N N N N N N N N
Gas Wells N P& N N N N N N N
IL(9)
P = Permitted, N =Not Permitted, SUP =Specific Use Permit Required, IL(x) =Limited
as defined on page 10.
/"1
0 ~ 0 ~ " N M ~ `0 ~ ~ N
Institutional Land Use Categories ~ ~ ~ ~ ~ '
Z ~ ~ ~
Basic Utilities P P P P P P P P P
Community Services P N P P P P P P P
Parks and 0 en S ace p p IL P IL P P P P p p (lo) (lo)
Churches P N P P P P P P P
Semi-public, Halls, Clubs & Lodges N N N N N N P P P
Business /Trade School N N N N N N P P P
Adult or Child Day Care P N P P P P P P P
Kinder arten, Elementar School p N IL P IL P P P P g y (lo) (lo)
Middle School N N N P IL P P P P
(lo)
Hi h School N N N P IL P P P P g (lo)
Colleges N N N N N N N N N
Hospital N N N N N N N N N
Elderly Housing N N N N N N N P P
Medical Centers N N N N N N N P P
Cemeteries N N N N N N N N N
Mortuaries N N N N N N N N N
P = Permitted, N =Not Permitted, SUP =Specific Use Permit Required, IL(x) =Limited
as defined on page 10.
Mixed Use Districts:
MUND Mixed Use Neighborhood District
MUCD Mixed Use Community District
MURD-E Mixed Use Regional District -Employment
MURD-C Mixed Use Regional District -Commercial
Permitted Uses:
The following uses and their accessory uses are permitted as contained in the use tables
below:
A A W U
Residential Land Use Z U A A ~ ~ ~ ~
Categories ~ ~ ~ ~
~ ~
Agriculture P P P P
Livestock ILA l~ ILA l~ ILA l~ ILA 1 ~
Single Family Dwellings N N N N
Accessory Dwelling Units N N N N
Attached Single Family
D llin P N N N we gs
Dwellings Above Businesses P N N N
Live/Work Units P N N N
Duplexes N N N N
Community Homes For the
Di 1 P P P P sab ed
Group Homes SUP N N N
Multi-Family Dwellings P P N P
Manufactured Housing
Develo ments N N N N p
P = Permitted, N =Not Permitted, SUP =Specific
Use Permit Required, IL(x) =Limited as defined on
page 10.
A A W U
Z U A A Commercial Uses ~ ~ ~ ~
~ ~ ~ ~
~ ~
Home Occupation P N N N
Sales of Product Grown on Site N N N N
Hotels P P P P
Motels N N N P
Bed and Breakfast P P P N
Retail Sales and Service IL(3) P IL(s) P
Movie Theaters P P N P
Restaurant or Private Club IL(4) P P P
Drive-through Facility N P P P
Professional Services and Office IL(s) P P P
Quick Vehicle Servicing N N N P
Vehicle Repair N N N P
Auto and RV Sales N N N P
Laundry Facilities P P P P
Equestrian Facilities N N N N
Outdoor Recreation P P P P
Indoor Recreation N P P P
Major Event Entertainment N P P P
Commercial Parking Lots N P P P
Administrative or Research Facility IL(s) P P P
Broadcasting of Production Studio IL(s) P P P
Sexually Oriented Business N N N N
Temporary Uses IL(6) IL(6) IL(6) IL(6)
P = Permitted, N =Not Permitted, SUP =Specific
Use Permit Required, IL(x) =Limited as defined on
page 10.
A A W ~
Z v A A Industrial Land Use Categories ~ ~ ~ ~
~ ~ ~ ~
~ ~
Printing /Publishing N P IL(g) P
Bakeries IL(K) P IL(g) P
Manufacture ofNon-odoriferous Foods N N N N
Feed Lots N N N N
Food Processing N N N N
Light Manufacturing N N P N
Heavy Manufacturing N N N N
Wholesale Sales N N N N
Wholesale Nurseries N N P N
Distribution Center N N P N
Wholesale Storage and Distribution N N N N
Self service Storage N N P N
Construction Materials Sales N N N N
Junk Yards and Auto Wrecking N N N N
Kennels N N N N
Veterinary Clinics P P P P
Sanitary Landfills, Commercial Incinerators, Transfer Station N N N N
Gas Wells N N N N
P = Permitted, N =Not Permitted, SUP =Specific
Use Permit Required, IL(x) =Limited as defined on
page 10.
A A W U
Z U A A Institutional Land Use Categories ~ ~ ~ ~
~ ~ ~ ~
~ ~
Basic Utilities P P P P
Community Services P P P P
Parks and Open Space P P P P
Churches P P P P
Semi-public, Halls, Clubs & Lodges P P P P
Business /Trade School P P P P
Adult or Child Day Care P P P N
Kindergarten, Elementary School P N N N
Middle School P N N N
High School P N N N
Colleges N P P P
Hospital N N N N
Elderly Housing P N N N
Medical Centers P P P P
Cemeteries N N N N
Mortuaries N P P P
P = Permitted, N =Not Permitted, SUP =Specific
Use Permit Required, IL(x) =Limited as defined
on page lo.
§ 35.5.8 shall be excepted to provide the following additional limitations with respect
to the zoning classifications and use designations defined by this document:
The following define the limitations to land uses when the use table identifies a use as
permitted, but limited.
IL(1) =Limited to two (2) animals on parcels one (1) to three (3) acres in size.
Additional animals maybe added at a rate of one per each acre over three.
IL(2) =Accessory dwelling units are permitted, subject to the following additional
criteria:
1. The proposal must conform to the overall maximum lot coverage and setback
requirements of the district.
2. The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential
structure shall not exceed 50% of the GHFA of the primary residence on the lot.
4. One additional parking space shall be provided that conforms to the off street
parking provisions of the Denton Development Code.
IL(3) =Uses are limited to no more than 15,000 square feet of gross floor area per use.
Uses maybe larger with approval of an SUP.
IL(4) =Limited to sit down only, and no drive up service permitted. Limited to no more
than 6,000 square feet of restaurant area.
IL(5) =Uses are limited to no more than 10,000 square feet of gross floor area. Uses maybe larger with approval of an SUP.
IL(6) =Must meet the requirements of § 3 5.12.9 of the Denton Development Code,
Temporary Uses.
IL(7) =Bakery and bottling area areas not to exceed 2,500 square feet. Sales on
premises of products produced required in this zone.
IL(8) = If propose use is within 200 feet of a residential zone, approval is subject to a
Specific Use permit.
IL(9) =Must comply with the provisions of Subchapter 22 of the Denton Development
Code, Gas Well Drilling and Production. If the initial operation is proposed within five
hundred feet (500'} of a residential structure (as measured from the center of the well
head), approval is subject to a Specific Use Permit.
IL(10) = No school sites or non-ESA open space /park land shall be developed abutting
to existing Robson Ranch single-family lots as shown below in Exhibit A.
Exhibit A -Existing Robson Ranch Single Family Lots
O
,4 0
RNER ~ REST
soR~aN • ~
w ~ D ~
W
a INSPIRATION
~
RoesoN~~cH
§ 35.5 shall be excepted to establish the following thresholds for development:
DEVELOPMENT THRESHOLDS:
Maximum number of Single-Family Units 11,914
Average Single-Family Density 4.5 units per acre
Maximum number of Multi-family Units 3,408
Minimum Lot Sizes 50' x 100' (5,000 sq. ft.)-Alley loaded Lots
50' x 110' (5,500 sq. ft.) -Non-alley loaded Lot
A minimum of 12% of the total non-attached single-family lots shall be 10,000 square foot or larger.
Each phase of the single-family development shall contain a mixture of different lot widths consisting of at
least 50', 60' and 70' higher depending on market conditions. At least 40% of the lots shall be 60' wide or
higher.
Single-family lots adjacent to existing or proposed single-family lots within the Robson Ranch Development
shall be of equal or greater size in width, depth and area.
House Sizes
1,600 square foot minimum
A minimum of 10% of the detached single family dwellings shall be a minimum of 2,000 square feet.
A minimum of 10% of the detached single family dwellings shall be a minimum of 2,200 square feet.
Perimeter fences shall be constructed around the perimeter of all residential subdivisions including multifamily. The perimeter fences shall be owned and maintained by the POA.
The perimeter fence design
and construction will be consistent within each subdivision or neighborhood and will be constructed prior to
any building permit issued for a house construction. The perimeter fence construction may be phased in
accordance with an approved phasing plan for the development.
Single-family to Multi-family Ratio's 77.8% to 22.2%
A minimum of 2,500 single-family houses shall be constructed (permitted) prior to any multi-family units
being constructed.
'The Single-Family to multi-family ratio is based on maximum densities allowed within each zoning
districts.
§ 35.5 shall be excepted to establish the following additional restrictions or
exceptions with respect to the zoning classifications and use designations defined in
this document:
GENERAL REGULATIONS:
Density (dwelling units per M xim m FAR A r a u c eage
acre)
NR-1 1 n/a 214.8
NR-1 (N) 0 n/a 74.7
NR-2 2 n/a 475.2
NR-3 3.5 n/a 163.6
NR-4 4 n/a 728.2
NR-6 6 n/a 841.6
NR-10 10 n/a 221.7
NR-15 15 n/a 63.7
NR-20 20 n/a 62.7
MUND 20 (maximum of 200 units) 0.75 33.2
MUCD 20 (maximum of 300 units) 0.75 62.4
MURD-C 20 (maximum of 700 units) 1.5 205.3
MURD-E 0 0.75 183.5
GENERAL REGULATIONS:
Single-Family Setbacks/Standards Matrix Per Lot Range or Building Type
Detached Single-Family Homes
5,000 S.F. Minimum Lot- Alley Loaded Lots
Maximum Building Height 35'
Maximum Lot Coverage 50%
Minimum Lot Width at Building Line 50'
Minimum Lot Width at Corner Lots 60'
Minimum Setbacks:
Front to Living Area 15'
Front to Porch 10'
Front to Garage n/a
Side to Living Area 5'
Side to Living Area at Corner Lots 15'
Side to Porch 5'
Rear to Living Area 20' min.
Rear Livin Area Over Gara e 3' recessed offset from lower building face g g allowed to encroach into setback
Rear Alley Edge to Face of Garage 20' min.
Note: All setbacks are measured from right-of way or lot lines unless noted otherwise.
5,000 to 5,999 S.F. Lots -Conventional Lots
Maximum Building Height 35'
Maximum Lot Coverage 50%
Minimum Lot Width at Building Line 50'
Minimum Lot Width at Corner Lots 60'
Minimum Setbacks:
Front to Living Area 15'
Front to Porch 10' Front to Garage 20'
Front to Swing in Garage ~ 12'
Side to Living Area 5'
Side to Living Area at Corner Lots 15'
Side to Porch 5'
Rear to Living Area 15' min.
Note: All setbacks are measured from right-of way or lot lines unless noted otherwise
Restricted to lots 55' wide or greater.
6,000 to 6,999 S.F. Lots -Conventional Lots
Maximum Building Height 35'
Maximum Lot Coverage 50%
Minimum Lot Width at Building Line 60'
Minimum Lot Width at Corner Lots 70'
Minimum Setbacks:
Front to Living Area 15'
Front to Porch 15'
Front to Garage 20'
Front to Swing in Garage 12'
Side to Living Area 5'
Side to Living Area at Corner Lots 15'
Side to Porch 5'
Rear to Living Area 15' min.
Note: All setbacks are measured from right-of way or lot lines unless noted otherwise.
7,000 to 9,999 S.F. Lots- Conventional Lots
Maximum Building Height 35'
Maximum Lot Coverage 45% Minimum Lot Width at Building Line 60'
Minimum Lot Width at Corner Lots 70'
Minimum Setbacks:
Front to Living Area 20'
Front to Porch 12'
Front to Garage 20'
Front to Swing in Garage 15'
Side to Living Area 5'
Side to Living Area at Corner Lots 15'
Side to Porch 5'
Rear to Living Area 15' min.
Note: All setbacks are measured from right-of way or lot lines unless noted otherwise.
10,000 S.F. or Larger Lots- Conventional Lots
Maximum Building Height 35'
Maximum Lot Coverage 40%
Minimum Lot Width at Building Line 80'
Minimum Lot Width at Corner Lots 100'
Minimum Setbacks:
Front to Living Area 25'
Front to Porch 20'
Front to Garage 3 0'
Front to Swing in Garage 20'
Side to Living Area 5'
Side to Living Area at Corner 15'
Side to Porch 5'
Rear to Living Area 20' min.
Note: All setbacks are measured from right-of way or lot lines unless noted otherwise.
Attached Single-Family Homes
Attached Row Townhomes
Maximum Building Height 35'
Building Separation:
Living Space to Living Space - at Central Green 3 0'
Court
Living Space to Living space - at Green Court 20'
Front to Side 20'
Side to Side 15'
Opposing Porches, Garden Walls, Balconies 12'
Opposing Entries - Door to Door 20'
Minimum Setbacks:
Note: All setbacks are measured from ri ht-of-wa or lot lines unless noted otherwise. Living Space 10'
Porch, Balcony 6'
Minimum Setbacks/Building Separation - at Alley:
Garage Face to Face 3 0' min.
Garage Face to Alley (Drive Apron) 20' min.
Living Space to Living Space 26' min.
Livin S ace Over Gara e 2' min. offset or 2' max. cantilever from face
g p g of garage allowed to encroach into setback
Minimum Private Open Space Per Unit:
Ground Unit 150 s.f.
Note: Front of buildings face street or green court.
Note:
Central Green Court and Green Court are open space areas that serve as common
outdoor space for the adjoining units. The units typically have an interior atrium /
patio and a large entry porch facing the green court areas or sidewalk connecting to
the green court areas. Central Green Court and Green Court are maintained by an
HOA.
Attached Multifamily
Maximum Building Height 3 5'
Building Separation:
Living Space to Living Space - at Central Green 30
Court
Living Space to Living Space - at Green Court 20'
Front to Side 20'
Side to Side 15'
Opposing Porches, Garden Walls, Balconies 12'
Opposing Entries -Door to Door 20'
Minimum Setbacks:
Note: All setbacks are measured from ri ht-of-wa or lot lines unless noted otherwise.
Living Space 10'
Porch, Balcony 6'
Minimum Setbacks/Building Separation - at Alley:
Garage Face to Face 30' min.
Garage Face to Alley (Drive Apron) 3' min.
Living Space to Living Space 26'
2' min. offset or 2' max. cantilever from
Living Space Over Garage face of garage allowed to encroach into
setback.
Minimum Private Open Space Per Unit:
Ground Unit 150 s.f.
Upper Story 100 s.f.
Parking: Per Zoning Ordinance
Note: Front of buildings face street or green court.
Note: Central Green Court and Green Court are open space areas that serve as
common outdoor space for the adjoining units. The units typically have an interior
atrium /patio and a large entry porch facing the green court areas or sidewalk
connecting to the green court areas. Central Green Court and Green Court are
maintained by an HOA.
Zoning District MUND MUCD MURD-C MURD-E
Min. Front Setback None None None 10'
Min. Side Setback 6' 6' 6' 6'
Min. Side yard adjacent to a None None None 10'
street
Min, Rear Setback None None None 10'
Max. Lot Coverage 85% 80% 80% 85%
Min. Landscape Area 15% 20% 20% 15% 20' plus 1 20' plus 1 20' plus 1 20' plus 1
foot for foot for foot for each foot for each
each foot of each foot of foot of foot of
Min Setback Adjacent to SF building building building building
height height height height
above 20 above 20 above 20 above 20
feet feet feet feet
Min Lot area (Sq. Ft.) 2,500 2,500 2,500 2,500
Min. Lot width 50' S0' S0' S0'
Min. Lot depth 50' S0' S0' S0'
LANDSCAPE AND TREE CANOPY REQUIREMENTS:
Landscape and tree canopy requirements shall comply with §35.13.7.B of the Denton
Development Code with the following exceptions:
The Landscape and Tree Canopy Requirement Table on page 13-14 of the DDC is
excepted as follows:
Inspiration Landscape and Tree Canopy Requirements
Percent Percent
Inspiration Districts Landscape Tree
Area Canopy
MUND -Mixed Use Neighborhood District 15% 30%
MUCD -Mixed Use Community District 20% 25%
MURD-E -Mixed Use Regional District -Employment 15% 20%
MURD-C -Mixed Use Regional District -Commercial 20% 30%
NR-1 -Neighborhood Residential 1 60% 40%
NR-1 (N) -Neighborhood Residential 1N N/A 0~
NR-2 -Neighborhood Residential 2 55% 40%
NR-3 -Neighborhood Residential 3 50% 40%
NR-4 -Neighborhood Residential 4 50% 40%
NR-6 -Neighborhood Residential 6 50% 40%
NR-10 -Neighborhood Residential 10 40% 45%
NR-15 -Neighborhood Residential 15 40% 45%
NR-20 -Neighborhood Residential 20 25% 40%
~ Subject to landscape regulations of § 22 of the Denton Development Code, Gas Well Drilling and Production.
STREET TREE REQUIREMENTS:
35.13.7.C. Street Tree Requirements are excepted as follows:
35.13.7.C.1 Street Tree Plan. All development shall be required to submit a
master street tree plan with the submission of a preliminary plat, noting location,
number, and species of trees to be used within the development.
35.13.7.C.3.a.i. Single Family Residential -spacing of street trees within
single-family residential developments shall be conducted as follows:
(a) A minimum of one street tree in the right-of way for each home site.
(b) Plant a minimum of one street tree in front and two street trees in the
side right-of way for each corner home site yard (three parkway street
trees total for each corner lot).
(c) Provide an average tree spacing of 40 to 45 feet on center. Clustering
or variations in spacing may occur in some neighborhoods or streets
depending on mature canopy size of selected tree species.
35.13.7.C.3.a.ii. Multi-Family Residential, Townhome and Non-residential
Developments -spacing of street trees within multi-family residential,
townhome or non-residential developments shall be one (1) tree for every 40 to
45 linear feet of street frontage. Clustering or variations in spacing may occur in
some neighborhoods or streets depending on mature canopy size of selected tree
species.
35.13.7.C.3.b.iii. Street lighting -street lighting instruments shall be installed
according to the design criteria of the City of Denton. Individual street light
instruments maybe substituted in the place of individual street trees in order to
reduce tree/instrument conflict.
35.13.7.C.3.b.iv. Within planting strip/parkway -all street trees shall be
planted within the centerline of the planting strip/parkway running parallel
between the curbline and sidewalk.
35.13.7.C.3.b.v. Root Barrier System -spacing requirements from utilities may
be reduced at the discretion of the Development Review Committee Chair with
a street tree plan submitted and approved which would include the installation of
root barrier systems approved by the Utility Department including
Water/Wastewater and DME
ACCESS, PARKING AND CIRCULATION REQUIREMENTS:
§35.13.10 -Access, Parking and Circulation Requirements:
35.13.10.A.3 shall be excepted to read as follows:
Transit Amenities. Transit amenities, bus shelters, and pullouts shall be provided
as required under Subchapter 20 (Transportation) of the Denton Development Code.
35.13.10.B.1.c shall be excepted to read as follows: Parking lots with 150 spaces or more shall be divided into separate areas and
divided by landscaped areas or walkways at least 10 feet in width, or by a building
or group of buildings
35.13.10.B.1.d shall be excepted to read as follows:
d. Permeable paving is not required, but may be employed, for those surface
parking spaces that exceed the number of parking spaces required. For each
additional parking space that exceeds the number of parking spaces required:
(1) 100 sq ft of parking lot tree canopy above and beyond the minimum
required, and/or
(2) 10% of additional parking lot open space shall be provided in the parking
lot, (10% of the additional parking space(s) and required maneuvering
space area) and/or
(3) The equivalent amount of open space (i.e. 1,000 sq. ft. excess parking =
1,000 excess open space above and beyond minimum required) shall be
provided within 100' of the parking lot.
35.13.10.B.2.a shall be excepted to read as follows:
Parking lots with 150 spaces or more shall provide adequate pedestrian circulation
within the site. Pedestrian walkways shall be directly linked to entrances and the
internal circulation of the building(s).
35.13.10.C.1.c shall be excepted to read as follows:
The tree species shall be an appropriate shade tree and shall be selected from the
Tree List in the City of Denton Site Design Criteria Manual.
35.13.10.C.2 shall be excepted to read as follows:
Parking between the building and the street.
a. Unlimited rows of parking between the building and the street is permitted in
the MURD-C and MURD-E districts, in the MUCD district only abutting to
Robson Ranch Road or FM2449 (Future Loop 288) and if abutting to I-35
providing:
i That the perimeter parking is screened by any combination of:
(a) A 36" high masonry wall, and/or
(b) A minimum 48" high tubular steel /wrought iron style fence with
masonry columns evenly spaced approximately 40' on center, and/or
(c) A 20' wide landscape buffer with a minimum 42" high berm with 1
on 3 maximum side slopes, and/or
1 Landscape area must contain one large tree for every 40 linear
feet. A minimum of 3 small accent trees clustered every 30 linear
feet within the 15' landscape area maybe substituted for the large
tree requirement.
(d) A 15' wide landscape buffer with a minimum 24" high berm with 1
on 3 maximum side slopes with a vegetative screen for a combined
48" height.
1 Landscape area must contain one large tree for every 40 linear
feet. A minimum of 3 small accent trees clustered every 30 linear
feet within the 15' landscape area maybe substituted for the large
tree requirement.
11 That the parking area between the building and the street receive:
(a) An additional 5% tree canopy above and beyond the 15% required
(for a total of 20%). Additional canopy coverage cannot be credited
towards other canopy requirements.
(b) An additional 3% open space above and beyond the 7% required (for
a total of 10%). Additional open space cannot be credited towards
other open space requirements
(c) Parking lots shall provide interior planting islands between parking
spaces at an average of every 1 o parking spaces to avoid long rows of
parked cars. The planting islands shall be a minimum of 153 square
feet and be protected by a 6-inch high curb on all sides and a 12-inch
wide concrete step-off area adjacent to parking spaces. A large tree shall be planted within this planting island.
b. A maximum of two rows of parking between the building and the street is
permitted in all districts, except as identified in 3.c. above, providing:
i That the perimeter parking is screened by any combination of:
(a) A 36" high masonry wall,
(b) A minimum 48" high tubular steel /wrought iron style fence with
masonry columns evenly spaced approximately 40,
(c) A 15' wide landscape buffer with a vegetative screen,
1 Landscape area must contain one large tree for every 40 linear
feet. A minimum of 3 small accent trees clustered every 30 linear
feet within the 15' landscape area maybe substituted for the large
tree requirement.
(d) That the parking area between the building and the street receive:
1 An additional 5% tree canopy above and beyond the 15%
required (for a total of 20%). Additional canopy coverage cannot
be credited towards other canopy requirements.
2 An additional 3 % open space above and beyond the 7% required
(for a total of 10%). Additional open space cannot be credited
towards other open space requirements.
3 Parking lots shall provide interior planting islands between
parking spaces at an average of every 10 parking spaces to avoid long rows of parked cars. The planting islands shall be a
minimum of 153 square feet and be protected by a 6-inch high
curb on all sides and a 12-inch wide concrete step-off area
adjacent to parking spaces. A large tree shall be planted within
this planting island.
SITE DEVELOPMENT REQUIREMENTS:
35.13.13 Site Development Requirements.
3 5.13.13 . l .A shall be excepted to read:
4. Covered front porches a minimum of six (6') deep)
3 5.13.13 . l .A shall be excepted to add the following:
8. Second story decks or balconies.
9. Carriage style garage doors
35.13.13.1 shall be excepted to read:
C. Houses with the same facade (represented by "A" and "B"below) must be
separated by a minimum of three lots
1
J. 100% of the surface area of the front side of the residential structure,
excluding dormers, gables, porches, windows, doors, and bay windows, shall
be masonry. The total percentage of masonry on the entire residential
structure, excluding dormers, gables, porches, windows, doors, shudders and
bay windows, shall be a minimum of 80%. Masonry includes brick, stone, or
stucco. The balance of the net exterior wall may be wood clapboard siding,
wood beaded siding, stucco, masonry, HDO board or other high ug alitX
material (as determined by the Building Official) customarily used for the
building and neighborhood style.
K. The minimum square footage of detached single-family dwellings shall be
1,600 square feet. L. A minimum of 10% of the detached single family dwellings shall be a 2,000
square feet or larger.
M. A minimum of 10% of the detached single family dwellings, above and
beyond the requirement identified above, shall be a minimum of 2,200 square
feet.
N. Garage access shall not be from a primary or side street when alley access is
available.
0. Each detached single-family dwelling shall have a 2-car enclosed garage.
MULTI-FAMILY DWELLINGS:
35.13.13.2 Multiple Unit Residential Dwellings and Multi Family Developments are
excepted to read as follows
35.13.13.2.A.1 shall be excepted to read as follows:
Orientation requirements for all multi-unit buildings except in MUND Zoning
Districts:
35.13.13.2.A.l.d shall be excepted from application
35.13.13.2.A.l.e shall be excepted from application
35.13.13.2.B.2 shall be excepted to read as follows:
100% of the surface area of the front side of the structure, excluding dormers,
gables, porches, windows, doors, and bay windows, shall be masonry. The total
percentage of masonry on the entire residential structure, excluding dormers,
gables, porches, windows, doors, and bay windows, shall be a minimum of 80%.
Masonry includes brick, stone, or stucco. The balance of the net exterior wall
may be wood clapboard siding, wood beaded siding, stucco, masonry, HDO board
or other high ug ality material (as determined by the Building Official)
customarily used for the building and neighborhood style
NONRESIDENTIAL & MIXED USE BUILDINGS:
35.13.13.3 Nonresidential and Mixed Use Buildings are excepted as follows:
Non-residential buildings or mixed-use buildings and their lots (Those that combine non-
residential and residential uses)-not in a MUND Zoning District and their lots shall
comply with the following standards.
35.13.13.3.B.2 shall be excepted to read as follows:
100% of the surface area of the front side of the structure, excluding dormers,
gables, porches, windows, doors, and bay windows, shall be masonry. The total
percentage of masonry on the entire residential structure, excluding dormers,
gables, porches, windows, doors, and bay windows, shall be a minimum of 80%.
Masonry includes brick, stone, or stucco. The balance of the net exterior wall may
be wood clapboard siding, wood beaded siding, stucco, masonry, HDO board or
other high ug ality material (as determined by the Building Official) customarily
used for the building and neighborhood style.
35.13.13.3.C. shall be excepted from application.
35.13.13.4 shall be excepted to read Nonresidential and Mixed Use Buildings in
a MUND Zoning District and shall be excepted as follows:
Design standards non-residential buildings or mixed-use buildings (Those that
combine non-residential and residential uses) in a MUND district and their lots.
PARKING STANDARDS:
35.14.4 Parking Standards shall be excepted as follows:
35.14.4.A.3 shall be excepted as follows:
Clubs, lodge halls, union halls -1 for each 200 square feet of gross floor area.
35.14.4.A.4 shall be excepted as follows:
Motels and hotels - 1 for each guest unit, plus additional parking as required for
accessory uses
3 5.14.4.A. shall be excepted to provide the following additional parking
requirements:
Timeshare condominiums and timeshare hotels -1.5 for each dwelling unit
35.14.4.B.1 shall be excepted as follows:
Motor vehicle sales and automotive repair shops -1 per 400 square feet of gross
floor area
35.14.4.B.2 shall be excepted as follows:
Bowling lanes and billiard halls - 5 for each hall, alley, 2 for each billiard table
contained therein
35.14.4.B.3 shall be excepted as follows:
Retail stores
■ General, except as otherwise specified herein -1 for each 200 square feet of
gross floor area
■ Discount department stores -1 for each 125 square feet of gross floor area
■ Furniture and appliances -1 for each 500 square feet of gross floor area
35.14.4.B.5 shall be excepted as follows:
Offices:
■ General, professional and administrative - 1 for each 250 square feet of
gross floor area
■ Medical clinics or offices; veterinary hospitals and clinics - 1 for each 150
square feet of gross floor area
■ Banks, savings & loans, credit unions and other financial institutions - 1
for each 300 square feet of gross floor area
35.14.4.B.6 shall be excepted as follows:
Restaurants, drive-ins, cafes, nightclubs, taverns, lounges or other
establishments for the sale and consumption on the premises of food and
beverages -One (1) parking space for each 100 square feet of gross floor area
(including outdoor serving areas) up to 4,000 square feet, plus 1 for each 80 square
feet of gross floor area over 4,000 square feet. A minimum of 10 parking spaces are
require .
35.14.4.B.7 shall be excepted as follows:
Skating rinks, ice or roller -1 for each 250 square feet of gross floor area, plus the
spaces required for additional uses on site
35.14.4.B.8 shall be excepted as follows:
■ Auditoriums, theaters (not including cinemas), sports arenas, stadiums -
1 for each 3 seats or 1 for each 35 square feet of gross floor area where there
are no fixed seats
■ Cinemas -1 for each 3 seats plus 1 spaces for employees
35.14.4.B shall be excepted to provide the following additional parking
requirements:
Automobile washing and cleaning establishment, except self-service - 5 for each
2 washing stalls
Barbershops or beauty parlors - 2 for each barber chair and 3 for each beautician
Dance halls -1 for each 7 square feet of dance floor area, plus 1 for each 3 5 square
feet of additional gross floor area
Handball/racquetball facility - 1.5 for each court plus the spaces required for
additional uses on the site
Health studios and spas -1 for each 150 square feet of gross floor area (swimming
pool area shall be counted as floor area)
Laundry or dry cleaning establishments, solely coin operated - 1 for each 3
machines
Lumberyards -1 for each 500 square feet of gross floor area for retail sales, plus 1
for each 1,000 square feet of open area devoted to display or sales, plus 1 for each 2
employees
Mortuaries and funeral homes - 5 plus 250 square feet if usable and accessible
paved parking area for every 25 square feet or fraction thereof of assembly room
floor area
Shopping centers - 1 for each 250 square feet of gross floor area (regional
shopping centers may require additional parking and will be evaluated on a case-by-
casebasis)
Stables, commercial -Sufficient area, treated to prevent dust, to provide for the
needs of customers and employees, but not less than 1 accessible space for each 5
horses kept on the premises
Swimming pools, commercial - 1 for each 500 square feet of gross enclosed area,
plus the spaces required for additional uses on the site
Tennis clubs, commercial - 3 for each court, plus the spaces required for additional
uses on the site
35.14.4.C.1 shall be excepted as follows:
Industrial uses of all types except a building used exclusively for warehouse
purposes -1 for each 500 square feet of gross floor area.
35.14.4.C.2 shall be excepted as follows:
■ Warehouses, storage building or structures used exclusively for storage -
1 for each 1,000 square feet of gross floor area for storage purposes
■ Wholesale establishments and warehouses not used exclusively for
storage - 1 for each 500 square feet of gross floor area, excluding that area
devoted to offices or sales, plus 1 for each 250 square feet of office or sales
area
35.14.4.C.3 shall be excepted as follows:
Public utility facilities, including but not limited to electric, gas, water,
telephone and telegraph facilities not having business offices on the premises -
l for each 2 employees in the largest shift, plus 1 for each vehicle used in
connection with the use. A minimum of spaces shall be provided for each such use
regardless of building space or number of employees
35.14.4.D.1 shall be excepted as follows:
Day nurseries, including pre-schools and nursery schools - 2 for each 3
employees and teachers plus 1 loading space for every 8 children.
35.14.4.D.2 shall be excepted as follows:
Churches, temples and other places if assembly not specified elsewhere - 1 for
each 3 fixed seats within the main auditorium or for every 35 square feet of seating
area within the main auditorium where there are no fixed seats; 18 lineal inches of
bench shall be considered a fixed seat
35.14.4.D.3 shall be excepted as follows:
Golf Courses
■ Driving ranges -1 per tee, plus the spaces required for additional uses on the
Slte
■ Pitch and putt and miniature golf courses - 3 per hole, plus requirements
for accessory uses.
■ Regulation course - 8 per hole, plus the space required for additional uses on
the site
35.14.4.D.4 shall be excepted as follows:
Hospitals -1.75 for each patient bed.
35.14.4.D.5 & 6 shall be excepted as follows:
Convalescent and nursing homes, homes for the aged, rest homes, children's
homes and sanitariums - 1 for every 4 beds in accordance with the resident
capacity of the home as listed on required license or permit
5.14.4.D.7 shall be excepted as follows:
Schools, elementary and junior high -1.5 for each classroom
5.14.4.D.8 shall be excepted as follows:
Senior high schools -1 for each member of the faculty and each employee, plus 1
for each 6 full-time equivalent students regularly enrolled
5.14.4.D.9 shall be excepted as follows:
Colleges, universities and institutions of higher learning -1 for each 3 full-time
equivalent students, plus 1 for each 2 faculty and employee members
35.14.4.D shall be excepted to provide the following additional parking
requirements:
Libraries -1 for each 300 square feet of gross floor area
Trade schools, business colleges and commercial schools - 1 for each 3 student
capacity of each classroom plus 1 for each faculty and employee member
SIGNAGE STANDARDS:
Signage standards and procedures shall be the same as for DDC Sub-chapter 15, except
as noted below:
3 5.15.17.5 of the Denton Development Code shall be amended to include the
following graphic exception for effective area of signs within Single-family
(including townhouses) and Multi-family districts.
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EXCLUDED FROM
EFFECTIVE AREA
Signage on Perimeter Fencing & Entry Monuments
ENVIRONMENTALLY SENSITIVE AREAS:
Requirements for Environmentally Sensitive Areas shall be the same as for DDC Sub-
chapter 17, except as noted below:
35.17.8.A.1 shall be excepted to read as follows:
Up to 10% of the area may be disturbed for private and non-private yard
structures including but not limited to: gardens, yards, trails, and clearings, but
which are no closer than 25 feet from the stream bank or riparian buffer. No
disturbance is permitted in delineated wetlands.
35.17.9.A.1 shall be excepted to read as follows:
The residential development shall be designed to retain an overall minimum fifty-
five percent (55%) tree canopy, which shall remain predominantly in its natural
state. Non-residential development may remove any or all of the Upland Habitat.
The four areas containing upland habitat (identified on the Environmentally
Sensitive Area Map, Exhibit 5) total approximately 264.2 acres and shall be
retained as depicted below:
Upland Habitat Existing Proposed Percentage
Area Acreage Acreage Retained
A 136.3 56.0 41%
B 26.2 18.3 70%
C °
Pil Kn 98.7 73.0 74/0 ( of ob)
D 3.0 3.0 100%
Total 264.2 150.3 56.9%
3 5.17.9.A. shall be excepted to add the following:
1. Trails, maximum 8' wide and to the extent that tree removal is minimized.
See Exhibit B.
i. Trails in upland habitat areas must be pervious
2. Overlooks, to the extent that tree removal is minimized.
3. Benches
4. Historic Markers
5. Trees 4" d.b.h. or larger located within Upland Habitat areas and proposed to
be removed will required staff approval.
Exhibit B Road Sections with Trails
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3 5.17.12 shall be excepted to read as follows
In the event that the Developer wants to propose impacts to the ESAs, then the
following provisions shall apply. These provisions apply only to the proposed
ESA impacts and mitigation. Any other deviations from the Denton Development
Code must be addressed in accordance with the procedures for an Alternate
Development Plan (ADP), in conformance with Section 35. 13.5.
1. Mitigation of any ESA disturbance will be allowed subject to approval of
any ESA Mitigation Plan including any one or combination of the following
measures:
a. Enhancement of existing ESA's within the Inspiration MPC at a 2:1 ratio
of enhanced ESA to original ESA. Enhancement shall be defined as
providing additional vegetative plantings to an existing ESA for the
purposes of increasing the ecological quality in exchange for the inherit
loss of net ESA land. Enhancement of existing environmentally sensitive
areas must bring the natural habitats enhanced to at least the same quality
as the ESAs removed. Priority for enhancement shall be given to
environmentally sensitive areas for which quality was determined to be
"poor" or "fair" in the ESA Assessment documents approved by the
Planning Director. For example, if one acre of existing ESA were
removed, then under the enhancement option, the developer would be
required to enhance the plantings in two acres of existing ESA. This
example would result in the net loss of one acre of ESA land area.
b. Relocation of the ESA to protected open space areas outside the original
ESA areas on an acre-for-acre basis. Relocation shall be defined as
replacing the original ESA, as closely as possible with respect to
vegetative planting, hydrology and land area. For example, if one acre of
ESA were removed, then under the relocation option, the developer
would be required to construct a new one acre ESA in an open space
location outside of any existing ESA. This example would result in no net
loss of ESA land area.
c. Implementation of best management practices addressing impacts to
ecological functions and water quality.
Mitigation of any impacts to USCE jurisdictional areas will also serve as the
mitigation for any impacts to ESAs that fall within the same impacted area.
2. ESA Mitigation Plan -Requirements
An ESA Mitigation Plan shall include the following specific items:
a. Delineation of existing ESAs based on an approved ESA Review and/or
ESA Assessment.
b. Overlay of proposed development activity necessitating the need to
impact the existing ESAs.
c. Delineation of ESAs impacted, including a chart with each impact area
numbered or lettered and an acreage or square footage calculation of the
respective impacted area.
d. Construction plans and details for the implementation of the ESA
Mitigation Plan, including plans for grading, planting, erosion control and
irrigation (temporary or permanent).
e. Specifications for construction methods and materials.
f. A Mitigation Plan Summary Table providing calculations that
demonstrate the appropriate mitigation ratio of enhanced or replaced ESA
to existing ESA.
g. An Inspection Schedule for the proposed improvements consistent with
the type of improvements being proposed, and allowing sufficient time
for city staff inspection.
h. A summary of all impacted ESAs approved by the Planning Director.
3. ESA Mitigation Plan -Process
a. An ESA Mitigation Plan will be submitted to the City for review
concurrent with an application for preliminary plat for residential
subdivision uses or with an application for a site plan or final plat for
non-residential uses and for vertically integrated mixed uses.
b. Upon determination that the ESA Mitigation Plan is in conformance with
the Denton Development Code and the Inspiration MPC Development
Standards, the Director of Planning and Development will approve the
ESA Mitigation Plan subj ect to any applicable conditions of approval.
c. The Developer may appeal any non-approval action by the Director of
any ESA Mitigation Plan to the Planning and Zoning Commission in accordance with Section 35.3.7.
d. The Developer may proceed with construction of the development
project, including the mitigation improvements, upon the approval of the
ESA Mitigation Plan, posting of a cash bond, surety bond or letter of
credit in an amount equal to 100% of the estimated cost of the plantings
and any other approvals and permits required by the Denton Development
Code appropriate for the particular development project.
e. The mitigation improvements will be inspected by City Staff during the
construction period in accordance with the Inspection Schedule described
above and must be deemed substantially complete in accordance with the
approved plans by the Director of Planning an Development prior to
issuance of building permits for residential projects (except for model
homes) and prior to certificate of occupancy for non-residential projects.
4. ESA Mitigation Standards
The standards by which any mitigation plan will be reviewed for approval will
be dependent on the type of ESA being impacted and whether replacement or
enhancement of the impacted ESA is being proposed.
a. The following general guidelines will apply to all Inspiration ESAs and
any proposed impacts and subsequent mitigation:
(1) All development plans and plats shall use best efforts to avoid or
minimize impacts to ESAs to the extent practical within the context of
a master p anne community.
(2) The total aggregate of impacted ESA acreage shall not exceed 25% of
the baseline 805 acres of existing ESA (exclusive of Upland Habitat)
on the Inspiration MPC as a result of residential or commercial
development. Impacts to ESAs by or on behalf of federal and state
entities and public utilities, as defined in Subchapter 23 of the DDC,
shall not apply to the 25% maximum acreage impact.
(3) Proposed mitigation for ESA impacts shall generally be in-kind and
located within the Inspiration MPC area.
(4) Proposed mitigation for ESA impacts shall take into consideration the
resulting ecological function of the remaining area and water quality associated with storm water runoff resulting from any net loss of
ESA.
b. The following mitigation standards shall apply to any impacts to ESAs
within an undeveloped floodplain, riparian buffer or water related habitat:
(1) Mitigation of impacts shall be accomplished by a) replacement of the
ESA, b) enhancement of an existing ESA or open space area, or c) a
combination of both.
(2) ESAs shall be replaced on an acre-for-acre basis, determined by an
inventory of hydrology, ground cover, shrubbery and trees within the
area of impact, prior to the area being disturbed. Replaced ESA
vegetation may exceed the amount of original vegetation for the area,
but in no case be less than originally existed. All replacement trees
shall be a minimum of 2" caliper and shrubs shall be a minimum of
one gallon container or caliper equivalent. The species of replacement
trees, shrubs and ground cover shall be similar to the vegetation being
replaced, with a deliberate effort being made to produce a sustainable
environment free of undesirable plant materials, consistent with the
city's Native Plant List. Replacement streams shall have substantially
the same hydrology and at least the same overall length as the original
stream.
(3) In the event that new information, approved by FEMA and the City of
Denton, indicates an increase in floodplain area, the increased area
shall not be considered ESA floodplain and shall not be subject to
mitigation requirements. The 805 acres of environmentally sensitive
areas shall prevail as the baseline condition to determine mitigation
and maximum ESA impacted areas. However if ESA assessment(s)
determines a reduction in ESA area, then the baseline shall be reduced
accordingly based on the new information.
(4) Enhancement of other existing ESAs or open space areas for
mitigation of ESA impacts shall be provided on a minimum 2:1 ratio
of enhancement to original ESA acreage. The 2:1 ratio shall apply to
the acreage being impacted and mitigated. All enhancement trees
shall be a minimum of 2" caliper and shrubs shall be a minimum of
one gallon container or caliper equivalent. The species of
enhancement trees, shrubs and ground cover shall be the same as
practical to the vegetation being replaced with a deliberate effort
being made to produce a sustainable environment free of undesirable
plant materials, consistent with the City's Native Plant List.
5. ESA Mitigation Monitoring and Reporting
The Developer will prepare an annual report each year for three consecutive
years, beginning 12 months following the commencement of the
implementation of an ESA Mitigation Plan, for the purposes of describing the
cumulative construction work that has been performed as of the reporting
period, and to report on the current survivability of the plantings. These
annual reports will be submitted to the city for review and inspection.
Developer shall provide security for the survivability of mitigated trees and
other plantings, in the form of currency, bond, or letter of credit, in the same
manner otherwise applicable to tree mitigation under §35.13.7.A.7 of the
DDC, and related criteria manual standards,
6. ESA Planting Survivability and Replacement
Upon completion of the three-year monitoring and reporting period, the City
shall inspect the plantings and determine whether ninety percent (90%) of the
plantings are healthy and have a reasonable chance of surviving to maturity.
Upon such a finding, the City shall release the currency, bond or letter of
credit. In the absence of such a finding, the Applicant shall be notified to
replace any unhealthy or dead plantings. If the applicant does not take
remedial steps to bring the property into compliance, the City shall make
demand for payment on the cash bond, surety bond, or letter of credit. The City
may use all legal remedies to enforce this provision in addition to making
demand on the security provided herein.
TRANSPORTATION:
Transportation standards and procedures shall be the same as for the DDC Sub-chapter
20, except as noted below:
35.20.2.G.3 shall be excepted to read as follows:
Block Width. Double fronted lots shall be avoided except where essential to
provide separation of residential development from major traffic arteries or
adjacent nonresidential activities or to overcome specific disadvantages of
topography and orientation. Through lots shall have a minimum average depth of
one hundred (100) feet.
DEFINITIONS:
Definitions shall be the same as for the DDC Sub-chapter 23, except as noted below:
35.23.2. shall be excepted to read as follows:
Lot, Double Frontage: A lot having frontage on one two nonintersecting streets,
as distinguished from a corner lot.
ADDITIONAL STANDARDS
The following additional standards shall apply in the Inspiration Master Planned
Community and constitute exceptions to any lesser conflicting standard:
PARK LAND DEDICATION
The Inspiration MPC will be required to dedicate park land to the City of Denton
according to the requirement found in the Park Land Dedication Ordinance 98-
039. The park land dedication will be calculated by each development phase. Any
open space or park area not dedicated to the City of Denton will be owned and
maintained by the Inspiration homeowners association as required in the
Inspiration MPC ordinance.
POA REQUIREMENT
One or more Property Owner Associations (POA) shall be established. The POA
will be responsible for the maintenance of all common property not dedicated to
the City of Denton.
Documents establishing the POA must be submitted as part of the final plat
application, providing for the maintenance, repair, and/or replacement
obligations of the POA for private roads, alleys, gates, perimeter and common
fences, street lighting, drainage items and/or other like held facilities and/or
common areas, there appurtenances and/or other associated ancillary items and improvements, shall be incorporated into the final plat.
a. The POA must provide for the power to file a lien, to foreclose, or to
otherwise secure payment from property owners concerning the maintenance,
repair and replacement, in part or in whole, of all privately held common
areas, including but not limited to, drainage items, street lighting, and other
appurtenances and or other associated ancillary items.
b. The Association documents must be submitted to, reviewed by an approved
by the city attorney prior to the final plat approval.
c. The property owners Association may not be dissolved, nor may deed
restrictions and covenants providing for maintenance of common areas be
deleted or amended, without prior written consent of the City Council of the
City of Denton, by way of plat amendment.
d. The final plat and restrictive covenants shall contain language whereby the
Property Owners Association, as owner of various private improvements
within a private street, lot or easement, agrees to release, indemnify, defend
and hold harmless the city from claims and suits for property damage or bodily
injury (including death) arising from the condition, use our operation of any
privately owned streets or facilities.
ARCHITECTURAL STANDARDS.
The applicant shall establish architectural standards including but not limited to:
Ornamental Details
1. Decorative elements such as balconies, chimneys, gable vents, exterior
lighting, and shutters shall appear as functional elements, and match the
style of the home.
2. Shutters do not need to be operable, but shall be sized so that two (2)
shutters match the window width.
3. Gable vents are traditional, historic-based details and shall be designed to
reflect the character of each architectural style. Gable vents and similar
design details shall be treated to look like functioning, actual vents
(whether they are functioning or not). The details must also be centered
in the roof gable.
4. Exterior light fixtures shall be appropriately selected to enhance the
architectural style of the home.
These standards shall be governed by an HOA (Home Owners Association or
similar organization.
AVIGATION EASEMENT
The applicant shall dedicate an avigation easement to the City of Denton as a
required component of final plat approval, approved as to form by the city
attorney, conveying to the City of Denton an unobstructed right-of-way for the
passage of all aircraft and rights to cause within such easement such noise
vibration, fumes, just, fuel particles and all other effects that may be caused the
operating or aircraft landing at, taking off from, or operating at, the Denton
Municipal Airport.
The easement will be applicable to any lot of the Property that falls wholly or
partially within the Airport Compatibility Land Use District 2 (ACLUD2) zone
as described in Subchapter 3 5.7.4
Denton Municipal Airport Overlay District in the Denton Development Plan. The
avigation easement will be shown on preliminary plats and all final plats.
AIRPORT COMPATIBILITY LAND USE DISTRICT
In addition to providing an avigation easement as described above, all residential
uses within Airport Compatibility Land Use District 2 will meet the Noise
Mitigation Standards provided in Subchapter 35.7.4.12. The Noise Mitigation
Standards.
Exhibit C
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AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Economic Development
CM: George C. Campbell, City Manager ~
SUBJECT
Consider appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board.
BACKGROUND
Economic Development Partnership Board (EDPB) members serve two-year terms and
may serve as many as three terms. The ordinance requires that the City Council appoint
three persons to serve as a nominating committee, to include two City Council members
and one person who is a member of the Chamber of Commerce. The committee will
solicit recommendations from the Chamber Board of Directors as to potential nominees
from the Chamber and from the President of UNT. The committee is asked to confirm
with each potential nominee his/her willingness to serve. The nominating committee
then makes its final recommendation to the City Council for appointment to the EDP
Board.
The ordinance provides that EDPB members must fall into specific categories when they
are originally appointed to the Board, i.e., City Council member, Chamber of Commerce
Board of Directors member, Top Twenty Taxpayer and the President of the University of
North Texas, or her designee. City Council members and Chamber of Commerce Board
members may be reappointed to two additional consecutive terms even if they no longer
serve on the City Council or Chamber Board.
The following four EDPB members' places are up for reappointment or replacement:
EDP Board Member Cate or Eli ibilit for Rea ointment
Perry McNeill City Council Term Expiring -Not Eligible
Marty Rivers Chamber of Commerce Board Eligible
Stan Morton Top 20 Taxpayers Eligible
Gretchen Bataille University of North Texas Eligible
Other members currently serving on the EDP Board (and the expiration date of their
current terms) are:
EDP Board Current Term Eligibility for
Member Cate or Ex Tres Rea ointment
Jerry Mohelnitzky Chamber of Commerce 2009 Not Eligible
3rd Term
Euline Brock Clty Council 2009 Not Eligible
3rd Term
Denny Aldridge Top 20 Taxpayers 2009 Eligible fora 3r Term
2nd Term
-1-
The City Manager (George Campbell) and President of the Chamber of Commerce
(Chuck Carpenter) serve as ex-officio members and have no defined terms of service.
ESTIMATED SCHEDULE OF PROJECT
The City Council is scheduled to receive a report from the nominating committee at their
August 5, 2008 meeting. Assuming that schedule is met, the Council may also vote on
the appointments at that time.
EXHIBITS
EDPB Ordinance
Respectfully submitted:
} •.a#i!
Linda Ratliff, Director
Economic Development Department
-2-
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ORDINANCE NO. ~ `~v~~
AN ORDINANCE OF THE CITY OF DENTON, TE.A ESTABLISHING AN
ECONOMIC DEVELOPMENT PATNE1~S~lIP BOARD; AND PRODIN AN
EFFECTIVE DATE.
~IEREAS, the City Council of City of Denton, Texas has determined that it is
~enef ici~l and to the public Yntere~t to establish an Economic Development Partnership
Board to provide economic develaprnent policy guidance far the City; NOS,
THEREFORE;
THE COUNCIL OP THE CrT OF DENTON, TEXAS HERBY ORDAINS
SECTION 1. Findings.
The findYngs contained in the preamble of this ordinance are incorporated rota the
body of this Ordinance.
SECTION The Cade of ~rd~nances of the City of Denton is hereby mended
to add Article I of Chapter ~ to read as follows:
.TICLE Ix. ECHNHMIC DEVELDPMEI~T PATN~HSHIP BDARD
Sec. ~-~1. Creations Member, ~u~alificatians, and Tenure.
A. There is hereby created a City of Denton board entitled the Denton
Economic Development Panership Board {the "Board"}. The Board sha11 consist of
seven rriembers. The board rr~ernbers sha11 be appointed for t~va~year terms except that
four rnerribers shall only serve a one-year term for their first term, Thereafter, faux
n~err~bers shall be appointed far a tea-year terra in the even numbered years and three
members shad be appointed far a tv~o-year term irx the odd numbered gears. Na member
shall serve mare than three consecutive terms except far the President of the University
of North Texas ~"UNT"}, ar hzs designee, ~vho may serve unlimited terms,
B. The Board members shall be appointed by the City Council and shall serve
at the C1ty Council's pleasure. To aid the City Council making appointments to the
Board the City Council v~i11 appoint tv~a City Council members and one Chamber of
Commerce ~"Chamber"~ member to act a a nominating committee the "Committee"}.
The Conrrnittee members are qualified for appvinient to the Board. The City 1Vianaer
sad President of the Chamber mill serve as ad hoc non-voting members of the
Committee. The Comn~rttee rv~ll solicit nominations, contact nominees to relate duties
at~d responsibilities and to confirm willingness to serve. The Board v~i11 solicit
recommendations from the Chamber Board of Directors and the President of UNT. After evaluating the recommended nominees the Committee ~ui11 present to the City Council a
slate of Board nominees for City Council approval,
I
Notwithstanding anything contained herein to the contrary the
membership makeup of the Board shall consist of the following
1. Two members of the Board shall be City Council members at the
time of their appointment to their original tern. They nlay serve
aut all three teams, even if they are na langer members of the City
Council aver the original appointment as tang as they continuously
serve throughout the three terms. They must be residents of the
City of Dentin,
Two rrlembers of the Board sha11 be members of the Chamber
Board of Directors ~"Chamber Board"~ at the time of their
appointment to theix original term. They may serve out all three
terms, even if they are no longer members of the haniber Board
aver the anginal appaintrnent as long as they continuously sere
throughout the three terms. They must reside or warp in the City of
Denton. The Chamber Board will recommend the two narr~inees
for consideration by the Committee and approval by the City
Council.
Two members will be, or be en~played by, a top twenty City of
Denton ad valorem or sales tax payer. such n~en~bers must reside
ar work in the City of Denton.
4. one member wi11 be the President of ~U~NT or ~ UIVT faculty ar
staff member designated by the President. such member need not
reside in the City of Denton and is not restricted to the three term
limits. However, such member must be appointed by the City
Caur~cil far each term.
D. The Board shall elect its chairperson and nice-chairperson from anxan its
members who shall sere far one-yeax terms or until his ar her successor is elected or
qualified. The Board may rernave and re-elect a chairperson ar vice-chaaxpersan at
anytime with an affirmative vote of at least five rriernbers.
E~ The Denton City Manager and the Chamber President shall be ex~afficio
members of the Board
F. Board members shall serve without compensation, Board members nay be
allowed out~af-packet expenses for activities performed in furtherance of their duties to
the Board. such expenses must be pre-approved by the City Manager if paid far out al'
City funds, or the Chamber President if paid far out of Chamber funds.
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dec. llr~cet~n~s.
The Board shall meet an a regular basis and na less than on a quarterly basis.
Monthly meetings are encouraged. The chairperson, vice-chairperson ar any three Board
members may call any regular or special meeting. Notice of the meetings shall be pasted
and conducted in accordance with the Texas open Meetings law, being Chapter 551 of
the avernment fade, as amended, A mad army of the quallf ied vat~ng n~erribers of the
Board shall constitute a quorum far the transaction of business at any meeting of the
Board, The act of a majority of the qualified voting ~nen~bers of the Board present at a
meeting at which a quorum is present shall be the act of the Board.
dec. x,23. Rules of Procedure,
The Board shall adopt rules of procedure governing the aperatia~a of the Board
incorporating ectians 2, , 5, and 7 of City Council Rules of Procedure insofar as it is
possible,
dec. 2254. Duties and Responsibilities of the Board.
The role of the Board i to provide economic development policy guidance, The
Board nay make reconiendatians to the City Council and Chamber. The Boards duties
include;
A. The Board will implement Bentan's Economic Development .Action Plan
which includes the i~nplementat~on of specific pra~ect, The Board nay
create committees or tali farces cansistir~g of Board members andlar non-
Board members to assist with the lmplernentation of projects or activlt1es.
Committee task farce chairpersons shall be appointed by the Board and
will sere at the pleasure afthe Board.
The Board w111 be respQns1ble far designing economic develapn~ent
incentive policies and recommending those policies to the City Council far
adoption. These policies may include tax abatement, Chapter 380
agreements, infrastructure assistance, etc, making any
recamniendations the Board shall comply with applicable law, It will be
the Board's responsibility to review policies of other cities and to be
informed as to legislative changes affecting state and local incentive
programs.
C. The Board shall act as the recommending body to the City Council for
specific prv j ect economic development Incentives authorized by law,
including without limitation tax abatements and incentives authorized under Chapter 312 of the Tax Code, ecanon~c develaprnent agreements
authorised under Chapter 30 of the Laval overn~nent Code, and public
in~praven~ent districts authorized under chapter 372 of the Laca1
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~overn~nent fade. However, utility Incentives based an thresholds, such
as the Electric Utility Industrial Developrr~ent Rider and the
aterlastev~ater Plan dine Extension may be made v~ithaut Board
reviev~ or recvmn~endation. Nothing herein shall be construed so as to
invalidate an econa,ic development incentive authorized by the pity
council or harriber that did not receYVe a reconnnendation from the
Board.
D. The Beard mill review and recommend bath the pity and chamber annual
economic development budgets. These reconnnendatian v~ill be made to
the pity l~Ianager and chamber President for inclusion in the overall pity
and chamber budgets.
The Board mill review and recommend floe annual work plans far the pity
and chamber economic development programs. 'V4~'ork plans must he
consistent v~ith the manual budgets,
ECTI~N 3. This ordinance supersedes any provision in any pity ordinance that
is conflict with this ordinance including v~xthout limitation section 2~~ 1 of the fade of
ordinances of the Y of Denton.
ETIDN The Economic Development Partnership Board replaces the Joint
committee an Tax Abatement the " faint ~ammittee"} and shall exercise all of the rights
and duties of the faint Committee. The Joint committee is hereby dissolved to be
effective from and aver the appointment of the Board members, and they are qualified to
serve the "Effective Date"}. This shah not effect the va~rdxty of any action taken by the
Joist orr~n~ittee prior to the Effective Date.
ETI~N This ordinance shall became effective ~mmed1ate~y upon its
passage and approval
PAED ANI~ APPRvED this the ~ da of ~ , ~~~3, y
FINE BRDC~, AYDR
ATTEST:
JE R ~VALTEI~, ~ TY SECRETARY
BY:
APP Q'L~ED A TO DECAL F~I~:
HERBERT I~ Y, Y ATTORNEY
BY:
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AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Consider adoption of an ordinance repealing Ordinance No. 2006-175 and amending Section 2-29
of the City Code relating to rules of procedure for the City Council of the City of Denton, Texas
relating to the position of Deputy Mayor Pro Tem.
BACKGROUND:
This item has been placed on the agenda at the request of the Mayor for discussion and
appropriate action.
Respectfully submitted:
- -
{ , . { F ~ - +2. -
_ !
George C. Campbell
City Manager
s:l0ur Docume~#sl~rdi~.ans1481~ Rules of~ocedure l~~l~la8.doc
ORDINANCE N0,
~~J~J~J Fw~1L~ ~ i l ~~~ii \ 4r ~..IT~~~ i~f~
2 CF T CITY CEDE RELATE T~ RIFLES ~F PROCEDURE FAR TIC CITY
COUNCIL ~F THE CITY ~P DENTON, TEXAS; DELETING THE PCITI~N CF DEPUTY
M~AY~R PRA TEI~I; DELETING THE DEPUTY MAYOR ARC TE A ~ MEMBER CF THE
AGENDA C~NMTTEE; PR~VIDIl~ A SE~ERABII,ITY CLAUSE; AND DECLARINCr AN
EFFECTIVE DATE,
WHEREAS, the Constition and Laws of the State of Texas, and Section x,07 of the City
Charter of the City of Denton, Texas, hereina~er referred to a Ci ,authorize the Ci Council of
the City to promulgate and establish rules of procedure to govern and Conduct meetings, order of
business, and rules of decorum,, while acting as a legislative body representing the City; and
AREAS, the City Council deems it in the public interest to delete the pasition of Deputy
Mayor Pro Tem; and
AREAS, because of its desire to more effectively and efficiently sere the public
through the medium of public meetings, it has beCOe necessary to amend and consolidate all
amendments of the City Council Rules of Procedure; TH~REFCRE,
THE ~UNCIL ~F TIC CITY ~F DENTIN HEREBY ORDAINS:
SECTION 1. That Section ~W29 of the City Code, known as the Denton City Council Rules
of Procedure, is hereby amended read as follows:
1. ~~-9~a}~ ATJ~'~RITY
~ .1 ~ 1 } Charter: Pursuant to the provisions of SeC~Orl x,07 of the Charier of the City of
Denton, Texas, the City Council hereby enacts these rules of procedure for ail meetings of e City
Caunc~. of the City of Denton Teas,
During any meeting, a reasonable opportunity shall be given far citizens tQ be heard under
these rules, These Rules of Procedure arc enacted as guidelines to be followed by all persons in the
Council Chamber including the city administrative staff, nevus media, and~visitors,
~ ~ 1 ~ Mee~n s to be Public: All official meetings of the Council and Council committees
and subcomrrnittees, except closed meetings permitted by the provisions of the Texas Dpen
Meetings Act, Chapter Sal, TEX. ~v'T, CDDE ANN, ernons Annotated Texas Civil Statutes
~OO7 ernons}, as arnendcd, ~ be open to the public.
~uoru~n: Four members of the Council shall constitute a quorum far the transaction
ofbusiness. Charter, Secctivn .off}
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S:IOur ~ocummt~LOrdinanoes108lCC Ituies of Prope~ue OI1508.doc
Cam ell` Attendance: No member shall be excused from attendance at Caunc~.
meeting except far good and valid reasons. ~t will be e duty of the Council member to noti the
City Secretary prior to the meeting at which he ar she is going to be absent. The City Secre will . ~
record each Counc~I member as being present or absent as a part of the minutes prepared for each
Council meeting.
~,4 ~4} Misconduct: The Council niay punish its own members far misconduct consistent
with any ethics policy adapted by the Council.
5 ~5} Minutes o~ eetin s; An account of all proceedings of the Council shall be Dept by
the City Secretary and shall be entered in a book constituting the official record of the Council. A
certified agenda shall be prepared and shad be approved by the Mayor for all closed m s for
which a cer~fied agenda ~s required to be Dept in accordance with Chapter 1; TES, ~`'T.
CO~~ ANN. ernons 2~a~}, a amended.
{6} questions, to Contain Crie Subs t: All questions submitted for a vote shall contain
one subject, exc t the Ci Council ma a rave ah items which are an ' Y pp the consent agenda m ane
oration, regardless of how many suh j ects are contained in the consent agenda, a bong a all items
have been properly posted in accordance with the Texas open Meetinngs Act and have not been
removed firan~ the consent agenda by Council member. If two ar more points are involved, an
f i f ~ ~ ~ f f • 4 member nay require a d~vi~on, ~f the question reasonably admits of a division,
7 ~7~ ~i t of Floor: Any member desiring to speak shall be recognized by the
Chairperson, and shall come his or her remarks to the subject under consideration or to be
considered. ~1o member shall be allowed to speak more than once on any one subject until ev
member wishing to speak shall have spoken.
~8} Ci er: The City Manager, or Acfiing City Manager, shall amend all meetings
of the Council unless excused, He or she niy make recommendations to the Council and shall
have the right to take part in all discussions of the Council, but shall have no vote, Charter
Section .0~ ~d}}.
2,~ ~9} Ci Attorne :The City Attorney, or Acting City Attorney, shall be available upon
request for all meetings of the Council unless excused and shall, upon request, give an o inion, • p ,
erther written or oral, an questions of Iaw, The City Attorney shall act as the Council's
parliamentarian.
~.1 ~ ~ ~ 4} Ci ecre :The City Secretary, or Acting City Secretary, shah attend all
meetings of the Caunci~ unless excused, and shall keep the o~cial minutes and perform such other
dudes as may be requested by the Council.
~.1 ~ ~ 11 } ~cers, and Fplvyees: Any officer or employee of the City, when requested b y
the City Manager, shdall attend any meeting of the Council. If requested to do sob the Ci y
Manager, such empleyee may present information relating to matters before the Council.
~,1 ~ ~ 1 Rules of order: These rules govern the proceed~gs of the Council in all cases,
~A~T~~
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except that where these rules are silent, the most recent edition of Robert's Rules of order revised
shall gaverr~.
~ ~ ensian of Llles: ,Any provision of these rules oat governed b the C1 y
Charter or other, ~ Code ~proy~sio~s nay be tempara~.ly suspended ~y the a~irrnative vote affour
members of the Council. The vote _ on any such suspension shall be taken ~ eas or na s and . yy Y
entered ~n#a the m~.n~utes of the aunc~l,
14 ~ 14} Arnendtnent of Rules; These rules may be amended, or ne~v rules ado ted b the . p y
a~natlve vote of four members of the Council, provided that the proposed amendments or new
des shall have been introduced before the City Council t prior Council meetin .
3. ~~-29~c}} ODE ~F ~~NDUT
~ .1 ~ ~ ~ Council members;
a, wring Council meetings, Council members shall preserve order and decorum and shall
neither by conversation or otherwise delay or interrupt the proceedings oar refuse to observe the
rules of the Council.
b, A Council member, once recognized, shall not be interrupted whiles unless ~g
called to order by the Mayan or presiding officer, unless point of order is raised b another
member or the parl~an~entarlan, or unless the speaker chooses to yield to questions from another
n~en~ber. if a Council member is called to order while he or she is speaking, he or she shall cease
speaking immediately until the question of order is determined. If ruled to be in order, he or she
shall be permitted to proceed, If ruled not to be in order he or she shah remain silent or shall alter
his or her remarks so as to comply with rules of the Council.
3.2 ~ ' 'strative staff:
a. Members of the A ' 'strative staff and employees of the City shall observe the same
rules of procedure and decorum appl%cable to members of the Council, and shall have no voice
unless and until recognized by the Chaar,
b. while the presiding o~cer shall have the autha~ity to serve decorum in meetin. s as . g
far as stamembers and City employees are concerned, the pity Manager also shall be res onsible i p
far the orderly conduct and decorum of all C1ty employees under his or her d~rec~.on and control.
c. The City 1V~anager shad take such disciplinary action as may be necessary to insure that
such decorum is preserved at all times by City employees in Caur~cil meetings.
d. All remarks and questions addressed to the Council shall be addressed to the Council as
a whole and not to any individual member thereof,
e, ~Vo staff member, other than a staf#' member hav~rg the door, shah enter iota an . y
d~scuss~on ether directly or ~nd~retiy thout pernaiss~or~ of the res~ of ~ieer~ p ~
FAGS 3
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S'14ut Dacumentsl~rdinances~S1CC Imes of Proad~e 07~ 54Rdoc
Citizens:
a. Citizens and other visitors are welcome to attend all public meetings of ~e City
Council, and will be admitted to e City Council Chamber or other room in which the i
Council ~ meeting, up to e fire safety capacity of the roam.
Ali meeting attendees shall conduct then~seives with propriety and decor~un.
Conversations between or among audience rne~nbers should be conducted outside the meetin
room. Attendees will refrain from excessively loud private conversations while the Council is in
session.
c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles,
yells, and similar demonstrations shah not be permitted.
d. Placards, banners, or signs will not be permitted the City Council Ch,a~nber or in
any other roam m which the C1ty Council is meeting. Exhibits, displays, and visual aids used in
connection with presentations to the City Council, however, are permitted.
e. Audience members may not place their feet on any chairs in the pity Council Chamber
or other room in which the City Council is meeting.
i'. ~ City Council rnehers and City staff may step on to the dais.
g. All people wishing to address the City Council shall first be recagni.zed by the
presiding o~"icer and shah limit their remarks to the matter under discussion.
h. All remarks and questions addressed to the City Council shah he addressed to the Ci . , t
Council as a whale and not to any individual members,
i. Any person addressing the City Council in the City Council Chamber shall do sa from
e lectern unless physically unable to do so. People addressing the City Council shall not be
permitted to approach the dais. If they wish to hand out papers or other materials to the City
Council, they should express that desire to the presiding officer, and the City Manager shall
direct a staff member to hand out the materials.
j, then the time has expired for a presentation to the City Council, the presiding officer
shall direct the person speaking to cease. A second request from the residin officer to cease . p g
speaking shall be cause of the removal of the speaker if that person continues to speak,
k. equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs
shall not abstract, block, or otherwise be located in the daarv~ay, entranceway, or walkwa s of . Y
the City Council Chambers ar of any other roam in which the City Council may choose to meet.
Representa~ves ofthe electronic media may setup cameras and other equipment onl in the back
of the roam.. ~t is pern~ss~ble far television camera operators to film far short eriads of tune p
PArE 4
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5~10¢r Dpptmeatsl~rdi~~ces1~81CC Rules ~f'Proc~lune U71Sg8.dac
{several minutes} franc the entranceway to the pity our~cil hambers usin hand-held cameras . ■ ~ ~ ; . ~ i
only. Any radio station, which broadcasts the regular City ~ounc~l n~eetm s live naa hook their y
equipment up at the front of the room as long as it remains out of sight ar~d out of the wa , Y
There will be ~uiifored City of Denton police officer present at all re lar n~eetin s
of the arty Caunc~l. This police officer shall act in the capacrty of a securi officerlser giant-at- tY ~
arms, and shall enforce the meeting rules and act upon the direction of the residin officer.
. Any person personal, impertinent, profane, or slanderous ren~arl~s, or who
becomes boisterous while addressing the pity council or who otherwise violates an of the . Y
above-mentioned rules while attending pity council meetrng shall be rerrioved from the roam
at a direction of the presiding of~"icer, and the person shall be barred from further audience
before the pity council during that session of the pity council, rf the resid~n officer fails to p g
act, any rneinber of the City council may rriave to require a offending person's removal, and
. the airtnative vote of a majority of the pity council shall re wire the residin officer to act. ~ p g
The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote ofthe a'ari
of the i council, shall rernave the offending person from the mee ' .
.4 {4} Enfoi~cement~ The pity Manager, in absence of designated law enfoi~errient
officer, shall act as Sergeant-at-Arms for the council, and shall furnish whatever assistance is
needed to enforce the rules of decorum herein established.
{5} Seatin ement; The pity Secretary, pity Manager and pity Attorne shall . y
occupy the respective seats in the auncil harnber assigned to them by the Mayor, but an two or
more members of the council may exchange seats.
4. {~-29~d}} TYPE 0~ ~'I'~GS
4.1 { l } Re ar M s: The council shall meet at ~:3 a p.m, on the f rst and third
Tuesday of each month, with executive sessions {closed meetings} of the council comn~encin at , g
~,a p.m., or at any other tune set by the Counc~, unless the meeting is po ned or cancelled for ~
vahd reasons. All regular meetings of the council will be held in the Munici al ~uildin t ~ 1 . p g
Fast McKuaney Street, Denton, Texas or at such other location as doe ity council n~a , b mono . ~ ~ ~
resolution or ordinance from time to time designate.
4.2 ecial e ' :Special meetings niay be called by the Mayor, the ~i M er, tY ~
or by any three members of the council, The call for a special meeting shall be filed with the i
Secretary m written farm, a~.d he or she shall post notice thereof as provided. b the Teas ~ en Y p
1Vleetins Act, TF~, Cr~v'T. DDF ANN. 5~1.a0~, et seq. {vernons 2~~~, as mended , The }
Mayor, pity Manager, or three of the council n~en~bers inay designate a location far the s cial F
meeting other than the Municipal Building as Tong as the location xs open to the public.
4. worksha~ I~VI workshop n~eet~ins yr warp sessions maybe held from 4:a
p.m, to x:15 p.ni, on the first and third Tuesday of each month, or at such other tunes the A end . g
anaittee niay designate, to discuss near to imd range issues, worksho meetin or work p
sessions may be held from x:15 p.m, to ~ a p.m, or at such other tunes as the ends committee
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S:IOur Daasl0rdinaap81C~ Rules af~rooedure 0715U$.dac
may designate, on a first and third Tuesday of each month, to at>swer Council uestians . ~
concerning consent agenda ~te~ris. workshop or work Sessions may be held tom 4;Oa p,m.. tQ d:3a
p,rn. or t such other times as the Agenda Coninittee nay designate, on the second Tuesda ofeah . ~
rrzonth to discuss Wild to Zang-range Issues. Workshops or work Sessions nYay be called uin the
same procedure required far special rneet~ngs as provided far ~ Section 4,~{~} above. The ~ se .
of the workshop meeting is tv discuss or explare matters of interest to the City, meet with ~ . tY
boards, coi~.missians, or coninittee members, City staff or officers of civic or ani~ations . . . , , . ; ; i ~ F .
governing bodies or individuals specifically ~.vited to the session by the Mayor, Caunc~ or ~
Manager. These meetings are ~nformatlonal and. noi~n~ally, no ~ action shad be taken unless the
posted agenda indicates otherwise. Citizens or other interested persons attending the work session
will not be allowed to paicipate in the session unXess invited to do sa by the a or. Citizens
should be advised. of the nature of the work session and that their input ma be received and y
considered at a regularly scheduled council n~eetlrig where the agenda provides for final ac~.on to be
taken on the matter. The purpose of this procedure is to allow the citizens attendiii the re ar . g
meeting the opportunity of heanng the views of their fellow citizens in a mare formal setting, An
citizen nay supply the City Council a written statement or report regarding the citn's opinion on
a matter being discussed in a work session, ~f the Mayor invites citizens to participate in a work
session, their participation will cease at the point the Mayor closes the session to public in ut to ~ * ~ ~ ~ . R i
allow the Council to give City staff direction as to needed inforina~an for the ssibl future . . p°
meeting without dis~trac~ng comment from the audience, .
~.4 {4} ~rrier enc lVleetin s: In case of emergency or urgent public necessity, which shall
be expressed in the notice of the meeting, an emergency rrieeting niay be palled by the Ma. or, the
City Manager yr by three members of the Council, and it shall be ucient if the notice is sted
two hours before the meeting is convened.
4.5 ~5} Closed _eetin~s; The Council may meet in closed meeting pursuant to the
requirements of the Texas Gpen Meetings Act, Chapter 551, TES. C~~'T CG~E ANN, ernons
~DaS}, as amended.
4.~ {6} Recessed M s: Any meeting of the Council may be recessed to a later time,
provided that no recess shad be far a longer period than until the next regular meeting.
4.? ~7} Nance of Mee ' s; The agenda far all irieet.gs, including Council Co.ttee or
Subcommittee meetings, shall b posted by the City Secretary on the City's o#~icial bulletin board
and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the
Texas Gpen Meetings Act, Chapter 551, Tex. CV'T CGDE ANN. {vernons ~aa, as mended. }
5, ~~w~{e}} PIIDIl11 ~FFI~ ANI~ DUTIES
5.1 {1} Presidia G'icer; The Mayor, or in the absence ofth Mayor, the Mayor Pro-Te,
shall preside ~s c or presiding over at all meetings of the Council. In the absence of the
Mayor, Mayor Pro~Tem, the Council shall elect a temporary presiding ocer, {Charter, Sec~.on
~.a}
5.2 {2} CaII to order: The meetings of the Council shall be cahed to order by the Mayor, or
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S;10ur DacumentelOrdinaaces1081CC Roles a~f Procodure ~7150$.dac
in his or her absence, b the Ma or Pro-Tenn, In the absence _ ~ y ofbath the Mayor and the Mayor Pro
,Tens, the meeting shall be called to order by the City Secretary, and a m o resi ' af~icer P ~P ~
shall be elected a provided above.
. ~3} Preservation of order: The presiding ocer shall Preserve order and decorum, and
corvine members in debate to the question under discussion. The prestdin officer sha~I call u an g ~
the Sergeant-at-Arms as necessary to enforce compliance v~ith the ales contained herein.
S.4 {4~ Points of Order: The presiding officer shall determine all points aforder, ub'ect to J
. the right of aony member to appeal to the Cauncrl, ff any appeal is taken, the uestion shall be
~~Shal1 the decision of the presiding officer be sustained?'. If a ma'ori of the members resent ~ p
vote "No", the ruling of the chair is averruled; otherwise, it is sustained.
. uestions to be Stated: The presiding officer shall state ail questions submitted far
a vote and announce the result. A roll call vote shall be taken upon the re uest of an member and ~ ~
upon the passage ofall ordinances and resolutions,
.6 Substitution for Presidin ~#~icer: The presiding o#~icer may call any other member
to take his ar her place in the chaix, such substitution not to continue beyond ad' aurnment,
.7 {7} Call for kecess: The presiding officer nay call for a recess of up to fifteen 15 .
mtnutos at regular intervals of approximately one hour at appropriate paints the meetin en g
or rf requested by any two members,
. ~I~D~R OF ~~1Il~ ~~o~ ~~~9 ~
~.1 {1} Ada: The order of business of each meeting shall be as contained in the end.a
• , prepared by the 1ty saner, which shall be reviewed and approved by an A ends Comnttee g
campased of the Mayor, the Mayor Pro Tem, and the City Manager. then ftems are removed from
the consent agenda and. placed on the regular agenda b members of the Council the remove ' Y d item
shall be taken up in the order of removal right aver the consent agenda. Placement of items on the
agenda shall be governed by this Section and Section provided that a Council member has an
"emergency" item that the Council member believes should be placed an the next re ar or ecial
nieeting agenda, the placement must be approved by t~vo members of the Agenda Committee,
Conduct of business at special meetings and Council Carnn~ittees and s~ubcoinmittees i11 likewise
be av~erned by an agenda grid these pules of Procedure.
~,2 Pled e of Alle lance; Each ends shall ravide an item far the p recital of the
Pledge of Allegiance" at the regularly schedrded city council meetings. This item shall be with i r
the rectal of the pledge of allegiance far the United States flag and shall follow with a recital of the
pledge of allegiance far the Texas state flag in accordance with Section 3 ~ a~. ~ ~ 1 of the Tex. Gov't
Code.
{3} Presentations b Members of Council: The agenda shall provide tune when the
Mayor or any Council member nay bring before the Council an business that he or she feels
should be deliberated upon by the Council at future Council meetin .These matters need not be g
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5;10ui Doc~~en~lUrdirosnoes1081CC Rubs of Praoedrue 07i5Q8.dac
specially listed an the agenda, but discussion and formal action ors such matters shall be deferred
until a subsequent ~auncil meeting. Any member may suggest an item far discussion at ~ fature
work session, The ~i 1Vlanager ar city staff' shall only respond pre ' 'iy on this item at the
work sessian. If the pity council believes the item requires a more detailed. review, the council
will give the pity N~anager ar pity direction to place a item on a future re mee ' ~ ~
agenda and advise staff as to the background materials to be desired at such meeting,
~.4 ~4} Presentation b citizens:
a. ~iti.~en, , ~epor: Any person who wishes to piece subj ect on the ~ouncii agenda at
regular pity council meetings shall advise the pity ana.ger's af~ce of that fact and the s ecif~ed . ~
subs ect matter which he or she desires to place an the agenda no later than : as p.m, wednesda y
prior to the auncil meeting at which he ar she wishes the designated subject to be considered. A
time far such citizen reports shah be provided on the agenda aver the approval of items far
individual consideration and before the item "consideration of new business." An s er ~
providing a c~t~zen report shah speak for no longer than faun ~4~ minutes on all items that he ar she
may bring before the Council t each meeting, unless the 1V~ayar ar the majority of the council
grants an extension of time. Na citizen inay ill aut a "request to speak" form or have an
opportunity to speak or comment on another citizen's repar~ which is given at the same Council
meeting. An announcement shah be made, prier to the time far citizen reports on the agenda,
s ' ' the main pardons of the Rules and Section 3 ~2-~9~c}}, "Code of Conduct" as the ~
niay apply ctt~zens speaking to the auncil.
b. on Re ar and Consent .A ends ~tenis; Any person wha wishes to address the
ouncii regarding anon-public hearing item that is on the Council's agenda for regular or s ecial p
meeting, shall complete a "request to speak" form asking to speak regarding the item and shall
return 1t to the rty Secretary before the Council considers the item. Any person wishing to address
the Council on a public hearing item should complete a request to speak form and return it to the
City Secretary, The Mayor will call. upon the citizen to speak for no Ionger than three ~3} minutes
a that particular agenda item is considered by the City council except that ons 'vin citizen ~ g
reports shall speak far na longer than four ~4} minutes and applicants and their agents an public
hearing items shall be allowed to speak for no longer than hoe ~5} minutes ar as indicated in
paragraph G,4,d. "Tirrie llimits." The previsions of this paragraph do net apply to worksho • p
meetings, and a citizen s right to spear and provide input at these meetings ~ be lnnited and
controlled by subsection 4,3 ~2-~~d}~}} "workshop 1Vleetin s". g
c. Any person who wishes to address the Council at public hewing should complete
"request to speak" form and return it to the City Secretary before the applicable hearing, The ll~a or y
will cad upon the citizen to speak for no longer than three ~3} minutes or hoe ~5} minutes for
applicants and their agents in accordance with paragraph .5~5} "Time ~in~its."
d. Any group or organzation cvinprised of ten or more inenibers present in the Ci ~ ~ i r
Council Chambers who wishes to address the Council t a public hearing or on anon-pubdc
hearing agenda item shall designate representative to address the City Council and shall liirrit their
remarks ten ~ l a} minutes or less. The group or organization shall turn in a written deli tiara to
the City Secretary pnor to the comnienceinent of the meeting identifying the sentative who
PA~~ $
S:~Our 1~ocumea►tslQrdinanor.slU8lCC Rules ~Prooedure D7154$.doc
will. address the City Council on beha~,f of the graup or organization,
6. {5} Time limits: speakers before the Ca~ncil shad limit their remarks to no mare than
three minutes far public hearing items provided that applicants far land use or other ublic
h ~ ~ caring Items and their agents shall i~rrnt their remarks to eve {5} minutes or less per s Baker and
• p . shad save a ~.axru~n of fifteen {l } minutes to spear tc the item, C~t~zens re orts shall. be lied p
to four minutes or less. Cxraups or organizations can~prised of ten or mare members shall limit
their remarks in accordance wig the parameters established in p h ~.4d ~-~9 4 . At the ~p ~ }
discretion of the presiding officer ar a rna~ority of the City Council, any s ewer ma be ted an p Y ~
extension of thne to speak.
. {6} ~ra1 Presentations b Ci M er: Matters requi~ng the Council's attention or
acfian which may have de~elaped afiter the deadline far delivery of the written communication to
the Council may be presented orally b~ the City Manager, If formal Council action on ~ sub'ect 1s . ~
required, such action may be taken only the prov~slons of the Texas open Meetings Act have
been satisfied.
{7} Presentation of Proclamations: The agenda. may provide a time for the resentation + + ~ . i
of procian~at~ons. The 1Vlayor or pres~dmg over may delver and present rocla~nations u n the p
request of citizens, Proclamattans may encompass any activity ar theme except that roclan~ations p
with a theme religious ar partisan in nature sha11 not be presented. Moreover, proclamations shall
not be used far any connnercial or advertising purpose.
7.1 { 1 } Printed or T written par; All ordinances and resolutions shah be presented to
e Council in printed, typewritten or electronic farm, The Council may, by proffer nation, amend
any ordinance or resolution presented to it at the meeting at which it is presented or direct that the
amended ordinance be placed on the next ar any futuure Council Agenda far adap~.on.
7.2 {2} pity Attorney to - A~„ rave: All arcnces, resolutions, and contracts and
amennents thereto, sha11 be approved as to fornx and legality by the City Attorne , or he or she ' • i ~ * • ~ •
shah file wn~ten opon on the legality of such ardu~ance, resolution ar contract rtor to p
subnnssion to the Council, {Charter, Section
7,3 {3} Disttributian of ~rdanances and resolutions: The City Manager sh,al~. prepare ca ies
of all proposed archnances and resoluttans for d~stnbution to all members of the Council at the
meeting at which the ordinance or resolution is introduced., or at such earlier time as is a edient.
7,~ {4} ~ecordin of votes; The yeas and nays shall be taken upon the pas a of ail . ~
ordinances and resolu~.ons and a vote of each member shad be recorded in the ini.nutes. Charker {
section {b}}•
7,5 Ma'ori vote Re oared: An armative vote of four {4} members is neces to • ~ ~ ~
repeal any ard~nance or take y oc~al action in the name vf. the Ci exc t as otherwise . tY
pravlded m the Charier, by the laws ofthe Mate ofTexas, or these pules, Charter, eci~ion 2.~G . { }
PAS 9
- ~
S:IQ~ Dacumaptsk~}rdi~eacesl0$1CC Rues ofProced~rr i5U8.dac
7.x,1 Tie-Vate~ Matters ~roted on by the pity council which end in a tie-vote shall
automatically be paced an each subsequent council meeting agenda until .l ~auncil ~ resent.
7,~ Demand for Roll fall: Upon demand of any member, the roll shall be called far
yeas and nays upon any question before the council, with the exception of those circumstances set
forth in ec~.on 7.12, The Previous question, It ha11 not be in artier for members to ex lain their ,
Vats during the rod. call.
7.7 ~7} Personal Privile e: The right of a member to address the auncil an a ques~ian of
personal privilege shah be limited to cases in which his ar her integrity, character, ar natives are
assailed, questioned, or hnpugned.
7.8 {S} Dissents and Protests: Any member shall have the right to express dissent from. or
protest against any ordinance or resolution of the council and have the reason therefore entered
upon the minutes. Such dissent or protest may be filed in v~.-%t~ng, and presented tv the council not
later than the next regular meeting following the date of passage of the ordinance or resolution
objected to,
7.~ Vann Re uired.~ No member shall be excused from voting except far lack of
~nforn~atlon and exempt on matters ~nvolvmg the canslderation of his ar her awn oiclal canduc ar r
where his or her personal interests are navolved m accordance w1 chapter 171, TES. L~~.
GDV'T ~GDE ANS. {Vernon 2D05}, and in these instances he ar she sha11 abstain. An member Y
proh~b~ted. Pram voting by personal interest shall .announce this at the commencement of
consideration of the matter and shall not enter iota discussion ar debate an any such matter and
shall leave the meeting room. The member having briefly stated the reason for his or her re ue . 9.
the excuse from vot~ig shall be made without debate.
7.10 { ~ 0} Grder off` Precedence of iUlotion:
a. The following n~otians shall have priority in the order indicated:
1. Adjourn {when unqualified} and is oat debatable and n~a~ not be amended;
Take recess {when privileged}; .
Raise a qu~ion afprivilee;
4. lay on the table;
Previous question {213 vote required;
Limit or extend limits of debate {213 vote required;
7. Postpone to a ce~rtaln time;
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S:IOia i)acumeutsl0rdinauoesVD8lCC Rules of ~mct~ure D715~8.cloc
8. Commit or refer;
Amend;
1 a. Postpone inde~niteiy;
11. Nairn Nation.
b. The first t~va ~notians are rat always privileged, Ta adjourn shall lose its rivile e . ~
character and be a main motion rf m any way qualified. Ta take a recess shall be rivile ed an1 ~ ~ Y
when other business is pending.
c. ~ oration to adjourn is not in order:
l . when repeated without intervening business or discussion;
when made s an interruption afa member while speal~ng;
3. chile a vote i being taken.
d, only certain motions niay be amended as provided in the mast current edition of
Robert's pules of order, revised. A notion to amend shall be undebatable when the uestian to be
amended ~s undebatable,
'~.1 ~ { ~ 1 } ~ecansideration: - A motion to reconsider y action of the Council can be made
not later than the next succeeding ocial meeting of the Council. Such a motion can onl be made . y -
by amember who voted nth the preva~,l~ng side. It can be seconded. by any member. In order ~o
comply the Texas open Meetings Act any Council member who wishes to make such a
oration at a meeting succeeding the meeting where the action was taken shall no ' the Ci . ~ tY
Manager to dace the item far recons~dera~on an the Council agenda. No uestion shall be twice . ~
recans~dered, except by unazun~aus consent of the Councd., except that ac~on related to an contract . r y
nay be reconsidered at any tune before the final execution thereof. ,A matter which was not tunel • -
reconsidered m the manner provided by this sct~an or was reconsidered but the action on 1 ~y
taken was not changed by the Council cannot be reintroduced to the Council or laced on a Council
mee~ng agenda. far a period of months unless th~.s rude ~s suspended as provided far in these
pules afProcedure,
?.12 {1~} The Previous estian: when die previous question is moved and seconded, it
shall be put as follows: "Shall the main. question be now ut?'t, There ~ then be no further p
amendment or debate; except that i~vthing herein shah allow the previous uestian to be called rior . q p
to a least one oppartun~.ty far each member of the Council to spear on the uestion before the . q
Caunc~l. Any pending ainendn~ents shall be put in their order before the main uestion. ~f the • ~ q motion for the previous question is lost, the
roam question remains before the Council. An
armative vote of X13 of the Council shall be required to rove the revious uestion. To demand i p q the prev~aus question is equivalent in effect to n~ovna "That debate
now cease and the Council
shall immediately proceed to vote vn the pending notion". In practice, this is done with the hrase
p
PAGE 11
5:10wr Dacumeptsl0rdinanoes1~81CC Rules of Frooe~ure U715(?8.doc
. The City Council mill tale into consideration ate individual"s uali,catiatas willin ess
~ F ~ ~ ~ • 4 ■ to serve, artd appl~cat~on ~nforat~on m selecting nammat~ons far n~err~b~ershi to each board and
connn~ss~on.
an effort to ensure ~naxin~.um citizen participation, Ci Council members wYll
continue the general practice of non~nattng new citizens to re lace board members mho have . ~
served three consecutive, full. terms an the same board.
e. Each City Council member will be responsible for mal~ing nominations far board and
connissian places asigmed to him or her, which nay correspond to the Ci Council member's
place. Ind~vtdual City Council members will make nominations to the full i Council for the
governing body s approval ar disapproval.
8.4 ~4} pules of Procedure: Board and Cam~nission members shall cam ~ with the FY
pravts~ons of Article III of Chapter ~ of the Cade of ~rd.inarlces. Each Board shall be rovided a p
copy of these rules of procedure and each advisory board shah adapt rules of rocedure avernin • . P ~
the operation of its board, mcorparat~ng Sect~an , and ?hereof insofar as is ssible.
VOTES R~ UID ~9 ~
Questions on which the voting requirement is vaned by the Charier, Mate Statutes and these
rules are listed below:
,1 ~1} Charter and Mate Statuto R.e uirements:
a. Charter Amendment , Five dotes: ordinances s~bmitttinng proposed Ch.ter amendments
must be adapted. by tvva~thirds vote o#'the Council. Article ~I, Section , Texas Constitution and.
Chapter Texas Local overntnent Code ~vernons 2U05.} Far a seven. member Council this
means eve members must vote ai.ravely.
b. Le ' Taxes -Five dotes: ordinances providing far the assessment and collection of
certain taxes require the approval of two-thirds of the members of the Council Section 302.101
Texas Tax Coded ernons, 200}.
c. Chan ' Davin Assessment Plans -Five dates: Chan es in laps for ' p ~
assessment require a two-thirds vote of the Council ~Sectian 313.~53~e} Trans rtation. Code
ernans 2005},
d. ~ es in ~o ' ordinance or Bonin Classifications: ~ cases of a written otest of .
change m a zoning regulation ar zanu~g clas~~catlon by the owners of twerp 2~°Ia ent or ~
mare either of the area of the lots included in such proposed c e, or of the lots imnaediatel ~
a~djamtng the same and extending two hundred feet X200" therefrom such amendment shall n . ~ ~ of
become effective except by the favorable vote of three-fourths 314 of all members of the Ci . ~ ~ ty
Council; s votes of the City Council is required to override the decision of the Plannin and . ~ . ~
Wing omission that a ~on~ng change be dented ~ectton 211.~~6 Tex. Lac. Gov't Code and
PAGE ~ 3
S:1~u Doas~entsl0rd~noes14~1CC Rnlas of Procedure ~715(l~,doc
i
section ~~,3.4,,~4~ Denton pity bode Development bode}.
e, An~cndrner~t of Tax Abatement Folic ;The guidelines and criteria adopted as the ~i 's tY
Tax Abatement Policy r.y be mended ar repealed by vote ofthree-fourths ~l4 of all members ~ ~
ofthe pity council Section 312.~~Z~c}~ Texas Tax bode ~vernons .
~ ~v~RA~BILI'~'Y '~A~
That if any section, subsection, paragraph, sentence, clause, prase or word ~ this . p
orchnance, or appll~on thereof to any person or circu~nstance~ is held invalid b an court of ~ ♦ ~ f ~ , ,
competent ~nrlschct~on, such holding shall not affect the valydrty of the remaining rtions of this
ordinance} and the City ouncri of the qty of Benton, Texas, perch declares it would gave „ Y
enacted such remamuig potions desp1te any such ~nval1d~ty.
S~TIDN 2. That Ordinance No. 205- ~ 74 is hereby repealed.
S~T~ON 3. That this ordinance shall become effective immediately u nits ass a and p
approval.
pASS~ ~ ApPRDV~ this the _ Y of , X008,
MARS BU~RDU~C~HS, IVIAYOR
ATTEST:
JENNTP~ SALTERS, CITY SECRETARY
_ APP~DVED AS TQ L~AL FORM:
JDH~ 1VI, KIirIHT, INTERIM CITY ATTDN~Y
BY;
PACE 14
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2008
DEPARTMENT: Utility Administration
ACM: Howard Martin, 349-82
SUBJECT
Consider formal action to appoint members to the Board of Directors of Texas Municipal Power
Agency (TMPA), a Joint Powers Agency representing the City of Denton, Texas; and declaring
an effective date.
BACKGROUND
Perry McNeill and Phil Gallivan serve as the City of Denton board member of the TMPA. Perry
McNeill is currently serving as Vice President of the TMPA Board of Directors and is eligible to
serve another year as President of the Board. Phil Gallivan has served as a board member of the
TMPA Board of Directors for the last two years. His term expires on July 18, 2008. Both of
Denton's board members can continue to serve until the Denton City Council takes formal action
onboard membership.
Past appointments to the TMPA Board of Directors have been by resolution. TMPA does not
require appointments by resolution. Official minutes of the Denton City Council appointments
to the TMPA Board of Directors are all that is required.
PRIOR ACTION/REVIEW
Phil Gallivan's appointment to the TMPA Board of Directors was presented to the Public
Utilities Board at their June 9th, 2008 regular meeting. The Public Utilities Board recommends
the reappointment of Phil Gallivan to the TMPA Board of Directors with approval of (4-0).
EXHIBITS
1. Letter from TMPA concerning Phil Gallivan
2 Minutes
Respectfully submitted:
s ~ ~ ~ t Y'
~ ' I 5 '
fir :w:.. ~ .
Howard Martin
Assistant City Manager for Utilities
EXHIBIT 1
5ERVff~lG Tf~~ Cl7fll~ ~F ARYAN, D~hI7~f~1, ~Aa~Af~lf] & CtiR~ENVlf_f_E
April 2aa8
Mr. George Campbell, pity Manager
Dity of Denton ~1 ~ B. Mc~Cinney
Denton, TX 7~~a1
~B; TMPA Board Member Appointment
Dear Mr, Campbell:
fur records indica#~ tha# Phil Gallivan's term as a Member of the Baard of Directors of the
Texas Municipal Poser Agency expires on duly 18, ~aa8~
Auer the Di#y Douncil reaches a decision on #his matte, please send me ~ certified resolution or certified meeting minutes specifying the person selec#ed to represen# your
i#y an the TMPA
Baard of Directors,
Your cooperation is appreciated,
Sincerely,
Vllanda M. Callahan
Assistant Secretary
TMPA Baard of Directors
Cc. Phil Gallivan
Perry i1IlcNeill Phil lllfiliiams
TERM~TR
TE~CAS Mur~ICIPAf_ PI~WER ~1GEhICY P.❑~ B~7C '~C70❑ BRYAhI, TE~CA5 '7780~~'7DC1C1 (5~3~1 ~73-~❑ 1 3
EXHIBIT 2
1 PUBLIC UTILITIES BOARD AGENDA ITEM #3
2
3 DRAFT MINUTES
4 PUBLIC UTILITIES BOARD
5 June 9, 2008
6
7 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
8 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
9 Monday, June 9, 2008 at 9:03 a.m. in the Service Center Training Room, City of Denton Service
10 Center, 901-A Texas Street, Denton.
11
12 Present: Chair Charldean Newell, Bill Cheek, Randy Robinson and Bill Grubbs
13
14 Ex Officio Members:
15 George C. Campbell, City Manager
16 Howard Martin, ACM Ut111t1eS
17
18 Absent: Dick Smith, John Baines and Phil Gallivan, all excused
19
20 Chair Newell stated that in consideration of representatives from the Rayzor Development,
21 that Item 8 would be considered at this time.
22
23 8) Consider approval of the use of water and wastewater utility funds in conjunction with a
24 Development Agreement for Rayzor Ranch between the City of Denton and ALLEGIANCE
25 HILLVIEW, L.P., a New York limited partnership, for water and sewer relocations associated
26 with the widening of U.S. Highway 380 in an amount not to exceed $800,000.
27
28
29 OPEN MEETING:
30
31 CONSENT AGENDA:
32 The Public Utilities Board has received background information, staff's recommendations, and
33 has had an opportunity to raise questions regarding these items prior to consideration.
34
3 5 1) Consider recommending approval of an Ingress and Egress Easement between the City of
36 Denton, a municipal corporation, as grantor, and Oncor Electric Delivery Company LLC, as
37 grantee, regarding a 0.046 acre tract of land located in the Myers, Johnson, Brummet and
3 8 Greene Survey, Abstract No. l 699, City of Denton, Denton County, Texas.
39
40 2) Consider recommending approval of a proposed Development Agreement between the City
41 of Denton, Texas and the Rayzor Ranch Development pertaining to the Rayzor Ranch project.
42
43 3) Consider recommending approval of the proposal from Floyd Smith Concrete, Inc. for
44 construction of the concrete pavement for the compost screening area and the large truck
45 access and turnaround facility in the amount of $253,741.
46
47 4) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City
48 Manager or his designee to execute a purchase order through the Buy Board Cooperative
49 Purchasing Network for the acquisition of a Doosan D 160 Pneumatic Tire Forklift for Denton
50 Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing
Draft Minutes of the Public Utilities Board meeting
June 9, 2008
Page 2 of 2
1 an effective date (File 4072-Interlocal Agreement for the purchase of Forklift for Denton
2 Municipal Electric awarded to Darr Equipment Co. in the amount of $120,3 89.72).
3
4 5) Consider recommending approval to award a construction contract for installation of the RD
5 Wells Interchange AutotransformerPal and Control Building Concrete Foundations, in
6 accordance with the specifications in Bid #403 8 to Cates, Courtney & Roebuck, Inc., based in
7 Fort Worth, in the total estimated expenditure amount of $104,610.
8
9 6) Consider recommending approval of aresolution re-appointing a member to the Board of
10 Directors of Texas Municipal Power Agency, a Joint Powers Agency representing the City of
11 Denton, Texas; and declaring an effective date.
12
13 Board Member Randy Robinson moved to approve Items 1 through 6 with a second from
14 Board Member Bill Grubbs. The motion was approved by a 4-0 vote.
Handout to City Council 07/15/08
S:14ur Documentslardmancesl0$ICC Rules of Fracedure ~
Item 5A
ORDINANCE No.
AN ORDINANCE REPEALING ORDINANCE ND. 2006-175 AND AMENDING SECTION 2-
29 DF THE CITY CODE RELATING TO RULES DF PROCEDURE FDR THE CITY
COUNCIL DF THE CITY DF DENTDN, TEAS; DELETING THE POSITION DF DEPUTY
MAYOR PRD TEM; DELETING THE DEPUTY MAYOR PRD TEM AS A MEMBER DF THE
AGENDA CDNIlVIITTEE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City
Charter of the City of Denton, Texas, hereinafter referred to as City, authorize the City Council of
the City to promulgate and establish rules of procedure to govern and conduct meetings, order of
business, and rules of decorum, while acting as a legislative body representing the City; and
WHEREAS, the City Council deems it in the public interest to delete the position of Deputy
Mayor Pro Tem; and
WHEREAS, because of its desire to more effectively and effiiciently serve the public
through the medium of public meetings, it has become necessary to amend and consolidate all
amendments of the City Council Rules of Procedure; NOW, THEREFORE,
THE COUNCIL of THE CITY DF DENTDN HEREBY ORDAINS:
SECTION 1. That Section 2-29 of the City Code, known as the Denton City Council Rules
of Procedure, is hereby amended to read as follows:
1. ~2-29~a}} AUTHGRITY
1.1 ~1 } Charter: Pursuant to the provisions of Section 2.07 of the Charter of the City of
Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City
Council of the City of Denton, Texas.
During any meeting, a reasonable opportunity shall be given for citizens to be heard under
these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the
Council Chamber including the city administrative staff, news media, and visitors.
2. ~2-29~b}} GENERAL RULES
2.1 ~1} Meetin s~to be Public: All official meetings of the Council and Council committees
and subcommittees, except closed meetings permitted by the provisions of the Texas Dpen
Meetings Act, Chapter 551, TES. GDV'T. CODE ANN. ~Vernons Annotated Teas Civil Statutes
2407 ~Vernons}, as amended, shall be open to the public.
2.2 ~2} uorum: Four members of the Council shall constitute a quorum for the transaction
of business. Charter, Section 2.06}
S:10ur Dacumcu~sWrdinauccs~081CC Rules of Procedure 0715o8.dce
2.3 ~3} Compellin~tendance: No member shall be excused from attendance at a Council
meeting except for good and valid reasons. It will be the duty of the Council member to notify the
City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will
record each Council member as being present ar absent as a part of the minutes prepared for each
Council meeting.
2.4 ~4} Misconduct: The Council may punish its own members for misconduct consistent
with any Ethics Policy adapted by the Council.
2.5 ~5} Minutes of Meetin s: An account of all proceedings of the Council shall be kept by
the City Secretary and shall be entered in a book constituting the official record of the Council. A
certif ed agenda shall be prepared and shall be approved by the Mayor for all closed meetings for
which a certified agenda is required to be kept in accordance with Chapter 551, TEX. GOVT.
CODE ANN. ~Vernons 2045}, as amended.
2.6 ~6} Questions to Contain One Subject: A11 questions submitted for a vote shall contain
one subject, except the City Council may approve all items which are on the consent agenda in one
motion, regardless of how many subjects are contained in the consent agenda, so long as all items
have been properly posted in accordance with the Texas Open Meetings Act and have not been
removed from the consent agenda by a Council member. 1f two or more points are involved, any
member may require a division, if the question reasonably admits of a division.
2.7 ~7} Right of Floor: Any member desiring to speak shall be recognized by the
Chairperson, and shall confine his or her remarks to the subject under consideration or to be
considered. No member shall be allowed to speak more than once on any one subject until every
member wishing to speak shall have spoken.
2.8 ~S} Ci Maria er: The City Manager, or Acting City Manager, shall attend all meetings
of the Council unless excused. He ar she may make recommendations to the Council and shall
have the right to take part in all discussions of the Council, but shall have no vote. Charter,
Section 5.03 ~d}}.
2.9 ~9} City Attorney: The City Attorney, or Acting City Attorney, shall be available upon
request for all meetings of the Council unless excused and shall, upon request, give an opinion,
either written or oral, on questions of law. The City Attorney shall act as the Council's
parliamentarian.
2.10 X10} Cif Secretary: The City Secretary, or Acting City Secretary, shall attend all
meetings of the Council unless excused, and shall keep the official minutes and perform such other
duties as may be requested by the Council.
2.11 ~ 11 } Officers and Em to ees: Any officer or employee of the City, when requested by
the City Manager, shall attend any meeting of the Council. If requested to do so by the City
Manager, such employee may present information relating to matters before the Council.
2.12 ~ 12} Rules of Order: These rules govern the proceedings of the Council in all cases,
PAGE 2
3:IQur Docnmcnlsl0rdin~nces1081CC Rulcs of Procedure D71506.doc
except that where these rules are silent, the most recent Edition of Robert's Rules of Order revised
shall govern.
2.13 ~ 13} Suspension of Rules: Any provision of these rules not governed by the City
Charter or other Ci Code rovisions ma be temporarily suspended by the affirmative vote of four Y
members of the Council. The vote on any such suspension shall be taken by yeas or nays and
entered into the minutes of the Council.
2.14 X14} Amendment of Rules: These rules maybe amended, or new rules adopted by the
affirmative vote of four members of the Council, provided that the proposed amendments or new
rules shall have been in~oduced before the City Council at a. prior Council meeting.
3. ~2-Z9~c}} ca~E of co~vnvcT
3.1(1 } Council members:
a. During Council meetings, Council members shall preserve order and decorum and shall
neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the
rules of the Council.
b. A Council member, once recognized, shall not be interrupted while speaking unless
called to order by the Mayor or presiding officer, unless a point of order is raised by another
member or the parliamentarian, or unless the speaker chooses to yield to questions from another
member. If a Council member is called to order while he or she is speaking, he or she shall cease
speaking immediately until the question of order is determined. If ruled to be in order, he or she
shall be permitted to proceed, if ruled not to be in order he or she shall remain silent or shall alter
his or her remarks so as to comply with rules of the Council.
3.2 ~2} Administrative Staff:
a. Members of the Administrative staff and employees of the City shall observe the same
rules of procedure and decorum applicable to members of the Council, and shall have no voice
unless and until recognized by the Chair.
b. while the presiding officer shall have the authority to preserve decorum in meetings as
far as staff members and City employees are concerned, the City Manager also shall be responsible
for the orderly conduct and decorum of all City employees under his or her direction and control.
c. The City Manager shall take such disciplinary action as may be necessary to insure that
such decorum is preserved at all times by City employees in Council meetings.
d. All remarks and questions addressed to the Council shall be addressed to the Council as
a whole and not to any individual member thereof.
e. No staff member, other than a staff member having the floor, shall enter into any
discussion either directly or indirectly without permission of the presiding officer,
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3.3 ~3} Citizens:
a. Citizens and other visitors are welcome to attend all public meetings of the City
Council, and will be admitted to the City Council Chamber or other room in which the City
Council is meeting, up to the f re safety capacity of the room.
b. All meeting attendees shall conduct themselves with propriety and decorum.
Conversations between or among audience members should be conducted outside the meeting
room. Attendees will refrain from excessively loud private conversations while the Council is in
session.
c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles,
yells, and similar demonstrations shall not be permitted.
d. Placards, banners, or signs will not be permitted in the City Council Chamber or in
any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in
connection with presentations to the City Council, however, are permitted.
e. Audience members may not place their feet on any chairs in the City Council Chamber
or other room in which the City Council is meeting.
f. Only City Council members and City staff may step on to the dais.
g. All people wishing to address the City Council shall first be recognized by the
presiding officer and shall limit their remarks to the matter under discussion.
h. All remarks and questions addressed to the City Council shall be addressed to the City
Council as a whale and nat to any individual members.
i. Any person addressing the City Council in the City Council Chamber shall do so from
the lectern unless physically unable to da so. People addressing the City Council shall not be
permitted to approach the dais. If they wish to hand out papers or other materials to the City
Council, they should express that desire to the presiding off cer, and the City Manager shall
direct a staff member to hand out the materials.
j . when the time has expired for a presentation to the City Council, the presiding affcer
shall direct the person speaking to cease. A second request from the.presiding officer to cease
speaking shall be cause of the removal of the speaker if that person continues to speak.
k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs
shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of
the City Council Chambers or of any other room in which the City Council may choose to meet.
Representatives of the electronic media may set up cameras and other equipment only in the back
of the room. ~t is permissible for television camera operators to film for short periods of time
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(several minutes} from the entranceway to the City Council Chambers using hand-held cameras
only. Any radio station, which broadcasts the regular City Council meetings live may hook their
equipment up at the front of the room as long as it remains out of sight and out of the way.
1. There will be a uniformed City of Denton police officer present at all regular meetings
of the City Council. This police offcer shall act in the capacity of asecurity officerlsergeant-at-
arms, and shall enforce the meeting rules .and act upon the direction of the presiding officer.
m. Any person making personal, impertinent, profane, or slanderous remarks, or who
becomes boisterous while addressing the City Council or who otherwise violates any of the
above-mentioned rules while attending a City Council meeting shall be removed from the room
at the direction of the presiding officer, and the person shall be barred from further audience
before the City Council during that session of the City Council. If the presiding officer fails to
act, any member of the City Council may move to require the offending person's removal, and
the affirmative vote of a majority of the City Council shall require the presiding officer to act.
The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote of the majority
of the City Council, shall remove the offending person from the meeting.
3.4 ~4} Enforcement: The City Manager, in the absence of a designated law enforcement
officer, shall act as Sergeant-at-Arms for the Council, and shall furnish whatever assistance is
needed to enforce the rules of decorum herein established.
3.5 ~5} Seatin Arran ement: The City Secretary, City Manager and City Attorney shall
occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or
more members of the Council may exchange seats.
4. ~2-29~d}} TYPES ~F MEETINGS
4.1 Re lar Meetin s: The Council shall meet at 6:34 p.m. on the first and third
Tuesday of each month, with executive sessions closed meetings} of the Council commencing at
5:3D p.m., or at any other time set by the Council, unless the meeting is postponed or cancelled for
valid reasons. All regular meetings of the Council will be held in the Municipal Building at 215
East McKinney Street, Denton, Texas or at such other location as the City Council may, by motion,
resolution or ordinance from time to time designate.
4.2 ~2} Special Meetings: Special meetings may be called by the Mayor, the City Manager,
or by any three members of the Council. The call for a special meeting shall be filed with the City
Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open
Meetings Act, TEX. GGV' T. C ODE ANN. § 5 51. DD 1, et seq. ~Vernons 2045, as amended}. The
Mayor, City Manager, or three of the council members may designate a location for the special
meeting other than the Municipal Building as long as the location is open to the public.
4.3 ~3} warksho Meetin s: Workshop meetings or work sessions may be held from 4:30
p.m. to 5:15 p.m. on the first and third Tuesday of each month, or at such other times the Agenda
Committee may designate, to discuss near to mid range issues. ,workshop meetings or work
sessions may be held from. 5:15 p.m. to 6:30 p.m. or at such other times as the agenda committee
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may designate, on the f rst and third Tuesday of each month, to answer Council questions
concerning consent agenda items. Workshop or Work Sessions may be held from 4;00 p.m, to b:30
p.m. or at such other times as the Agenda Committee may designate, on the second Tuesday of each
month to discuss mid to long-range issues. Workshops or Work Sessions may be called using the
same procedure required for special meetings as provided for in Section 4.22} above. The purpose
of the workshop meeting is to discuss or explore matters of interest to the City, to meet with City
boards, commissions, or committee members, City staff or officers of civic organizations,
governing bodies or individuals specif tally invited to the session by the Mayor, Council or City
Manager. These meetings are informational and normally, no final action shall betaken unless the
posted agenda indicates otherwise. Citizens or other interested persons attending the work session
will not be allowed to participate in the session unless invited to da so by the Mayor. Citizens
should be advised of the nature of the work session and that their input may be received and
considered at a regularly scheduled council meeting where the agenda provides for final action to be
taken on the matter. The purpose of this procedure is to allow the citizens attending the regular
meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any
citizen may supply the City Council a written statement or report regarding the citizen's opinion on
a matter being discussed in a work session. if the Mayor invites citizens to participate in a work
session, their participation will cease at the point the Mayor closes the session to public input to
allow the Council to give City staff direction as to needed information for the possible future
meeting without distracting comment from the audience.
4.4 ~4} Emer enc Meetin s: In case of emergency or urgent public necessity, which shall
be expressed in the notice of the meeting, an emergency meeting maybe called by the Mayor, the
City Manager or by three members of the Council, and it shall be sufficient if the notice is posted
two hours before the meeting is convened.
4.5 ~5} Closed Meetings: The Council may meet in a closed meeting pursuant to the
requirements of the Texas open Meetings Act, Chapter 551, TEX. CxDV'T CaDE ANN. (Vernons
2005}, as amended.
4.~ ~6} Recessed Meetings: Any meeting of the Council maybe recessed to a later time,
provided that no recess shall be for a longer period than until the next regular meeting.
4.7 ~7} Notice of Meetin s: The agenda for all meetings, including Council Committee or
Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board
and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the
Texas Dpen Meetings Act, Chapter 551, TEX. GDV'T CODE ANN. ~Vernons 2005, as amended.}
5. ~2-29~e}} PRESIDING OFFICER AND DUTIES
5.1 ~ 1 } Presidia officer: The Mayor, or in the absence of the Mayor, the Mayor Pro-Tem,
shall preside as chairman, ar presiding officer at all meetings of the Council. In the absence of the
Mayor, Mayor Pro-Tem, the Council shall elect a temporary presiding officer. Charter, Section
2.03}
5.2 ~2} Call to order: The meetings of the Council shall be called to order by the Mayor, or
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in his or her absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-
Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer
shall be elected as provided above.
5.3 ~3} Preservation of Order: The presiding off cer shall preserve order and decorum, and
confine members in debate to the question under discussion. The presiding officer shall call upon
the Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein.
5.4 ~4} Points of Grder: The presiding officer shall determine all points of order, subject to
the right of any member to appeal to the Council. If any appeal is taken, the question shall be,
"Shall the decision of the presiding officer be sustained?". If a majority of the members present
vote "No", the ruling of the chair is overruled; otherwise, it is sustained.
5.5 ~5} questions to be Stated: The presiding officer shall state all questions submitted for
a vote and announce the result. A roll call vote shall be taken upon the request of any member, and
upon the passage of all ordinances and resolutions.
5.6 Substitution for Presidin Officer: The presiding off cer may call any other member
to take his or her place in the chair, such substitution not to continue beyond adjournment.
5.7 ~7} Call for Recess: The presiding officer may call for a recess of up to fifteen X15}
minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda,
or if requested by any two members.
6. ORDER OF BUSINESS Section 2-29 ~f}
6.1 ~ 1 } A_~: The order of business of each meeting shall be as contained in the agenda
prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee
composed of the Mayor, the Mayor Pro Tem, and the City Manager. When items are removed from
the consent agenda and placed on the regular agenda by members of the Council, the removed items
shall be taken up in the order of removal right after the consent agenda. Placement of items on the
agenda shall be governed by this Section and Section 6.3; provided that if a Council member has an
"emergency" item that the Council member believes should be placed on the next regular or special
meeting agenda, .the placement must be approved by two members of the Agenda Committee or at
the direction of a majority of the Council. Conduct of business at special meetings and Council
Committees and subcommittees will likewise be governed by an agenda and these Rules of
Procedure.
6.2 ~2} Pled e of Alle 'ante: Each agenda shall provide an item for the recital of the
"Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with
the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the
pledge of allegiance for the Texas state flag in accordance with Section 3100.101 of the Tex. Gov't
Code.
6.3 ~3} Presentations. by Members of Council: The agenda shall provide a time when the
Mayor or any Council member may bring before the Council any business that he or she feels
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should be deliberated upon by the Council at a future Council meeting. These matters need not be
specif tally listed on the agenda, but discussion and formal action on such matters shall be deferred
until a subsequent Council meeting. Any member may suggest an item for discussion at a future
work session. The City Manager or city staff shall only respond preliminarily on this item at the
work session. If the City Council believes the item requires a more detailed review, the Council
will 've the City Manager or City Staff direction to place the item on a future regular meeting
agenda and advise staff as to the background materials to be desi.red at such meeting.
6.4 ~4} Presentation b Citizens:
a. Citizen Reports: Any person who wishes to place a subject on the Council agenda at
re lar Ci Council meetin s shall advise the City Manager's office of that fact and the specified gu ty g
subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday
prior to the Council meeting at which he or she wishes the designated subject to be considered. A
time for such citizen reports shall be provided on the agenda after the approval of items for
individual consideration and before the item "consideration of new business." Any speaker
providing a citizen report shall spear for no longer than four ~4} minutes on all items that he ar~ she
may bring before the Council at each meeting, unless the Mayor or the majority of the Council
grants an extension of time. No citizen may fill out a "request to speak" form or have an
opportunity to speak or comment on another citizen's report, which is given at the same Council
meeting. An announcement shall be made, prior to the time for citizen reports on the agenda,
summarizing the main portions of the Rules and Section 3 ~2-29~c}}, "Code of Conduct" as they
may apply to citizens speaking to the Council.
b. S eakin on Re lar and Consent A enda items: Any person who wishes to address the
Council regarding anon-public hearing item that is on the Council's agenda for a regular or special
meeting, shall complete a "request to speak" form asking to speak regarding the item and shall
return it to the City Secretary before the Council considers the item. Any person wishing to address
the Council on a public hearing item should complete a request to speak form and return it to the
City Secretary. The Mayor will tail upon the citizen to speak for no longer than three ~3} minutes
as that particular agenda item is considered by the City Council except that persons giving citizen
reports shall speak for no longer than four ~4} minutes and applicants and their agents on public
hearing items shall be allowed to speak for no longer than five ~5} minutes or as indicated in
paragraph 6.4.d. ~5} "Time Limits." The provisions of this paragraph do not apply to workshop
meetings, and a citizen's right to speak and provide input at these meetings shall be limited and
controlled by subsection 4.3 ~2-29~d}~3}} "Workshop Meetings".
c. Any person who wishes to address the Council at a public hearing should complete a
"request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor
will call upon the citizen to speak for no longer than three ~3} minutes or five ~5} minutes for
applicants and their agents in accordance with paragraph 6.55} "Time Limits."
d. Any group or organization comprised of ten or more members present in the City
Council Chambers who wishes to address the Council at a public hearing or on anon-public
hearing agenda item shall designate a representative to address the City Council and shall limit their
remarks to ten X10} minutes or less. The group or organization shall turn in a written designation to
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the City Secretary prior to the commencement of the meeting identifying the representative who
will address the City Council on behalf of the group or organization.
6.5 ~5} Time Limits: Speakers before the Council shall limit their remarks tv no more than
three ~3} minutes for public hearing items provided that applicants for land use or other public
hearing items and their agents shall limit their remarks to five ~5} minutes or less per speaker and
shall have a maximum of fifteen 5}minutes to speak to the item. Citizens reports shall be limited
to four ~4} minutes or less. Groups or organizations comprised of ten or more members shall limit
their remarks in accordance with the parameters established in paragraph 6.4d ~2-29~~}~4}. At the
discretion of the presiding officer or a majority of the City Council, any speaker maybe granted an
extension of time to speak.
6.6 ~6} oral Presentations b Ci Mana er: Matters requiring the Council's attention or
action which may have developed after the deadline for delivery of the written communication to
the Council may be presented orally by the City Manager. if formal Council action on a subj ect is
required, such action may be taken only if .the provisions of the Texas open Meetings Act have
been satisfied.
6.7 ~7} Presentation of Proclamations: The agenda may provide a time for the presentation
of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the
request of citizens. Proclamations may encompass any activity or theme except that proclamations
with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall
not be used for any commercial or advertising purpose.
7. CoNSIDERATIUN qF ORDINANCES RESULUTI4NS AND MaTI~NS 2-Z9
7. l ~ l } Printed or Typewritten Form: All ordinances and resolutions shall be presented to
the Council in rimed, ewritten or electronic form. The Council may, by proper motion, amend P ~
any ordinance or resolution presented to it at the meeting at which it is presented or direct that the
amended ordinance be placed on the next or any future Council Agenda for adoption.
7.2 ~2} Ci Attorne to A rove: All ordinances, resolutions, and contracts and
amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she
shall file a written opinion on the legality of such ordinance, resolution ar contract prior to
submission to the Council. Charter, Section 6.~2}.
7.3 ~3} Distribution of ordinances and Resolutions: The City Manager shall prepare copies
of all roposed ordinances and resolutions for distribution to all members of the Council at the p
meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient.
7.4 ~4} Recordin of Votes: The yeas and nays shall be taken upon the passage of all
ordinances and resolutions and the vote of each member shall be recorded in the minutes. Charter,
Section 2.46
7.5 ~5} Maiority Vote Required: An affirmative vote of four ~4} members is necessary to
repeal any ordinance or take any official action in the name of the City except as otherwise
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provided in the Charter, by the laws of the State of Texas, or these Rules. Charter, Section 2.06}.
7.5.1 ~a} Tie-Vote: Matters voted on by the City Council which end in a tie-vote shall
automatically be placed on each subsequent Council meeting agenda until a full Council is present.
7.6 ~6} Demand for Rall Call: Upon demand of any member, the roll shall be called for
yeas and nays upon any question before the Council, with the exception of those circumstances set
forth in Section 7.12, The Previous. Question. It shall not be in order for members to explain their
vote during the roll call.
7.7 ~7} Personal Privile e: The right of a member to address the Council on a question of
personal privilege shall be limited to cases in which his or her integrity, character, or motives are
assailed, questioned, or impugned.
7.8 ~S} Dissents and Protests: Any member shall have the right to express dissent from or
protest against any ordinance or resolution of the Council and have the reason therefore entered
upon the minutes. Such dissent or protest maybe fled in writing, and presented to the Council not
later than the next regular meeting following the date of passage of the ordinance or resolution
objected to.
7.9 ~9} Votin Re uired: No member shall be excused from voting except for lack of
information and except on matters involving the consideration of his or her own official conduct, or
where his or her personal interests are involved in accordance with Chapter 171, TES. LGCI
GaV'T CGDE ANN. Vernon 2005}, and in these instances he or she shall abstain. Any member
prohibited from voting by personal interest shall announce this at the commencement of
consideration of the matter and shall not enter into discussion or debate on any such matter and
shall leave the meeting room. The member having briefly stated the reason for his or her request,
the excuse from voting shall be made without debate.
7.10 (10) Grder of Precedence of Motions:
a. The following motions shall have priority in the order indicated:
l . Adjourn when unqualified} and is not debatable and may not be amended;
2. Take a recess when privileged};
3. Raise a question of privilege;
4. Lay on the table;
5. Previous question X213 vote required);
6. Limit or extend limits of debate ~Z13 vote required};
7. Postpone to a certain time;
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S. Commit ar refer;
9. Amend;
10. Postpone indefinitely;
11. Main Motion.
b. The first two motions are not always privileged. To adjourn shall lose its privilege
character and be a main motion if in any way qualified. To take a recess shall be privileged only
when other business is pending.
c. A motion to adjourn is not in order:
1. When repeated without intervening business or discussion;
2. when made as an interruption of a member while speaking;
3. While a vote is being taken.
d. ~nI certain motions ma be amended as provided in the most current edition of Y Y
Robert's Rules of Grder, revised. A motion to amend shall be undebatable when the question to be
amended is undebatable.
7.11 ~ 11 } Reconsideration: A motion to reconsider any action of the Council can be made
not later than the next succeeding official meeting of the Council. Such a motion can only be made
by a member who voted with the prevailing side. It can be seconded by any member. Yn ordex to
com I with the Texas en Meetings Act, any Council member who wishes to make such a pY ~
motion at a meeting succeeding the meeting where the action was taken shall notify the City
Manager to place the item for reconsideration on the Council agenda. No question shall be twice
reconsidered, except by unanimous consent of the Council, except that action related to any contract
may be reconsidered at any time before the final execution thereof. A matter which was not timely
reconsidered in the manner provided by is section or was reconsidered but the action originally
taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council
meeting agenda for a period of six months unless this rule is suspended as provided for in these
Rules of Procedure.
7.12 X12} The Previous uestion: when the previous question is moved and seconded, it
shall be put as follows: "Shall the main question be now put?". There shall then be no further
amendment or debate; except that nothing herein shall allow the previous question to be called prior
to a least one opportunity for each member of the Council to speak on the question before the
Council. Any pending amendments shall be put in their order before the main question. if the
motion for the previous question is lost, the main question remains before the Council. An
affirmative vote of 213 of the Council shall be required to move the previous question. Ta demand
the previous question is equivalent in effect to moving "That debate now cease, and the Council
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shall immediately proceed to vote on the pending motion". In practice, this is done with the phrase
"Call for the question", or simply saying "Question".
7.13 X13} withdrawal of Motions: A motion may be withdrawn, or modifiied, by its
movant without asking permission until the motion has been stated by the Presiding Officer. If the
movant modifies his or her motion, the seconding council member may withdraw his or her second.
After the question has been stated, the movant shall neither withdraw it nor modify it without the
consent of the Council. The subject different from that under consideration shall be admitted under
color of amendment. A motion to amend an amendment shall be in order, but one to amend an
amendment to an amendment shall not be in order.
7.14 ~ 14} A ro riations of Mone : Before formal approval by the Council of motions
providing for appropriation of money, information must be presented to the Council showing
purpose of the appropriation. In addition, before finally acting on such an appropriation, the
Council shall obtain a report from the City Manager as to the availability of funds and his or her
recommendations as to the desirability of the appropriation.
7.15 X15} Transfer of A ro riations: At the request of the City Manager, at any time
during the fiscal year, the Council may by resolution transfer an unencumbered balance of an
appropriation made for the use of one department, division, or purpose; but no transfer shall be
made of revenues or earnings of any non-tax supported public utility to any other purpose.
8. CREATION OF COMIVIITTEES BOARDS AND COMIVIISSIONS 2-29 h
S.1 ~ 1 } Council Committees. The Council may, as the need arises, authorize the
appointment of Council committees. Any committee so created shall cease to exist when abolished
by a maj ority vote of the Council.
8.2 ~2} Citizen Boards, Commissions, and Committees: The Council may create other
Committees, Boards and Commissions to assist in the conduct of the operation of the City
government with such duties as the Council may specify not inconsistent with the City Charter or
Code. Memberships and selection of members shall be as provided by the Council if not specified
by the City Charter or Cade. Any Committee, Board, or Co~nrnission so created shall cease to exist
when abolished by a majority of the vote of the Council. No Committee so appointed shall have
powers other than advisory to the Council or to the City Manager, except as otherwise specified by
the Charter or Code.
8.3 ~3} Ap ointments:
a. Individual City Council members making nominations for members to citizen boards and
commissions will consider interested persons on a citywide basis.
b. The City Council will make an effort to be inclusive of all segments of the community in
the board and commission appointment process. City Council members will consider ethnicity,
gender, socio-economic levels, and other factors to ensure a diverse representation of Denton
citizens.
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c. The City Council will take into consideration an individual's qualifications, willingness
to serve, and application information in selecting nominations for membership to each board and
commission.
d. In an effort to ensure maximum citizen participation, City Council members will
continue the general practice of nominating new citizens tv replace board members who have
served three consecutive, full terms on the same board.
e. Each City Council member will be responsible for making nominations for board and
commission places assigned to him or her, which may correspond to the City Council member's
place. Individual City Council members will make nominations to the full City Council for the
governing body's approval or disapproval.
8.4 ~4} Rules of Procedure: Board and Commission members shall comply with the
provisions of Article III of Chapter 2 of the Code of Ordinances. Each Board shall be provided a
copy of these rules of procedure and each advisory board shall adopt rules of procedure governing
the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible.
9. VUTES RE UIRED 229 i
Questions on which the voting requirement is varied by the Charter, State Statutes and these
rules are listed below:
9.1 ~ 1 } Charter and State Statuto Re uirements:
a. Charter Amendment -Five Votes: Ordinances submitting proposed Charter amendments
must beadopted by atwo-thirds vote of the Council. ,Article ~I, Section 3, Texas Constitution and
Chapter 9, Texas Local Government Code ~Vernons 2005.} For a seven member Council, this
means five members must vote affirmatively.
b. Levying_Taxes - Fiv_e_Votes: Ordinances providing for the assessment and collection of
certain taxes re wire the a proval of two-thirds of the members of the Council Section 302.101 q p
Texas Tax Code} ~Vernons, 2005}.
c. Chan 'n Pavin Assessment Plans -Five Votes: Changes in plans for paving
assessment require atwo-thirds vote of the Council Section 313.053~e} Transportation Code,
Vernons 2005}.
d. Chan es in Zonin Ordinance or Zonin Classifications: Incases of a written protest of
a change in a zoning regulation or zoning classification by the owners of twenty X20%} percent or
more either of the area of the lots included in such proposed change, or of the lots immediately
adjoining the same and extending two hundred feet X200'} therefrom, such amendment shall not
become effective except by the favorable vote of three-fourths X314} of all members of the City
Council; six ~6} votes of the City Council is required to override the decision of the Planning and
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Zoning Commission that a zoning change be denied (Section 211.06G Tex. Loc. Gov't Code and
Section 35.3.4.C.~4}Denton City Code Development Code}.
e. Amendment of Tax Abatement Polic :The guidelines and criteria adopted as the City's
Tax Abatement Policy maybe amended or repealed by a vote ofthree-fourths X314} of all members
of the City Council Section 312.002~c}} Texas Tax Code ~Vernons 2005}.
10. SEVERABILITY CLAUSE 2-Z9
That if any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, ar application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 2. That Ordinance No.2005-174 is hereby repealed.
SECTION 3. That this Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2008.
MARK A: BUR.ROUGHS, MAYOR
ATTEST: .
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
BY:
PAGE 14
Handoutto cityCouncil 07/15/08
V
Item 5 B
~us~om ~omes, Inc.
~`'ity u►fl~entr~~~
l'lannin~ acid fonin~,
('ity ! l~~ll I~liest
~~1 N. ~;lm
l~entc~n? 'Texas 7~~~ l
R~~; I.onin~, ('a.~e !~~-o~~~~ bilk ~~rrin~s; Re~c~ni~~~; c~l"L~pl~roxin~alcly acres
'1'c~ VWI~o~~n It lay ~'ua~4ern;
m~~ny nl" yc~u sire aw~~re, Kc~rit Key C"usloxn ~ Mmes is building tl~e 'T'uscan I !i!!s laroject a pay
at' the: ilnicc~rn Lake develc~pincnt. ThL Hylk ~prii~~s development just nartl~ o~ nur project will
si~nil"icantly imprnve tl~e c~ner~y in the area a~~d er~;ale caste c~!'tltc hest places to live in our City and i~~ the
metroplex. '~!'hc ccrnneGtivity and close prcaximity nt` these twc~ devc;lopmcnts crcatL a lcan~ term healthy
develnp~nent that wi l1 serve cur ('ity's tax base fear ~~aany years to come. bent Key C~~stont l ~an~es supparls the rlk Springs rcaonin~ cage.
This reronirt~± will help b~atlt develupmenls attracts stational and re~ianal attc~ttion tea our City and
prntect the luny term health o(' cur Cit~r, These twrj dGVC;lopments will contplcment each other as we
work to~►etltGr tea make our ('ity a Mater plnGe.
Very tr~rly yra~~rs,
~ E~i ~ ~ ~~G~ Y ~~itle: r~c~►~t~~~ t'
c~~~,try c~~ta a~. ~ Sutte ~ Denton, ~ ~s~~~ P~.~.~~.~~ ~ f~x.94D.382~~3]5
~
a May l~, 2008
~l
Dn n ~~t of e to y
Planning ~ Zoning
Cit Hall West Y
221 N, Elm
Denton, T~ 7 b ~ ~ 1
Rey Zoning Case ZoS-oo0~ Elk Springs; Rezoning of
approximately ~S acres
fio Whom It May concern;
Shelton Development supports the rezonixlg case referenced above
for many reasons, namely the long term health and economic
develo went of our Cit , ~'e understand the ro osed rezoning is
p Y p p R~~-D, the same as the Unicorn Lake development.
This rezoning will help both developments attract tenants and
provide a quality chapping experience and much needed
employment to our City. The two developments will complement
each other as we work together to make our City a better place to
shop and dive.
Sincerely,
o elton
Shelton Development
is F
~ ti d ry~ "i 5
~ r ~y' K R ~ . "k~ F ~ ~
~ 'i
May ~9 D8 Q5:36p TWU ATHLETICS 9#C-898-232 p~~
~ & ~ Partners
Achieves Gymnastics Ceater~ . 3D~4 5 I~35
Denton, Tex 7bZ10
lay 19, 2oti8
City of Renton
Planning and Zaning
City Hall West
221 N. Elm
Der~tan, Texas 762 l
' ez~nin of a mxima~ly 3 8 acres Re; Zaning Case Z08-~44~ Elk Sp;~ngs; R S PP
To Whnm It Niay Concern:
' referenced above far many reasons, poly the long
F~ Partners support the rezoning case ers~nd the ro osed rezoning is menial develo n~ent in this area of our City, We and p p
term health of cots p ItCC~D. ~ ~ aloe the i.3 5 corridor
t RCR-i zonin is extremely restr~cttve especially far property g The Curren g to RCC D
currentl zoned RCS-1 and we would Uko to rezone oux property ~n our City, Cur property ~s y ~ ut more im rtantly provides for the best long
well, This rvvides far zoning unxform~ty m thrs area b ~ as P
term health of these properties,
V y yo
F~ udl
Title: erll~' cto
05/2012008 1fi:13 9403$7fi136 FLOORING AMF~ICA PAGE 02
Fred~i~~ Ent~xprl~e~,
~oae s ~~sE
,~nt~n, 7b~l0
~944~ ~01~
ray ~~a
G~.y of D~ton
~lannimg ~d ~onin~
City ~l hest 22~ N.
T1o~a~, Tox~ 7~D~
~o~in Caro ~08~006 ilk ~p~~gs; ofea~a~m~~~ 38 e+c ~ . . . Ro. B
Ta Wham It ~y Co+n.
' the rezani~ 1ro~c~ ~b4vo far many ro~s~s, nem~ly ~e Fredo~riok ~a~erpr~~e~ ~ , d ~o ra oe~d
arm hea~#~ of camtner~e~ developm~t ~n of onr ~~ty. 1~a undat► p P aon~
r~ing is RCC-D.
1 ~i~ ~s ~eme resl~~ve ~apeci~lly ply our I-35 oo~dar ~t RCS ~ ~Y
• toned RCR~~ ~d wa would l~Ca ~ e our l~~ to R~~~l~ lu our Cs~y~ Odr perry ~Y ~
~ ~ar►in uu~ro~ml'ty in thl~ a~a, ~~rt mare ~ar~t~y pTO~do~ for tha b~ aoB ~ wolf. Tb ~ $
n he~tl~ of 4~~e 1~.
nary ~
• ~A ~ ~
B ~ Y~
Witte: ~~~7'
1912008 03:00 9729700779 PACE 02102 051
d4~ ~ i~vends~e Ave. Ds~ls~,'~'!C 73
~y ~ g, 2008
'Denton
p~ and Zon~►~
City ~ wost
Z~l N. EhCn
Dentan, Te7cas ?624 ~
' nin ova ro~uaiy 38 ecr~s
Zonha$ Casa Z08-4006 Elk 5prsn~~ ~e~ g pP ~ ,
T'o'~h~om It ll~y Conco~;
` e sefe~eoced above fnr y ~~a namely the long Mayball pi's s~torts tae ~~oamg cas tha o~ed r~~o~~ia~
ercial devolo m~~ in this area of our City. yVe u~d tee h~th of Comm P
RCC D. 'vivo ~ oc~11 fax prap~Y along the I-3S c~}rridox The curr~t RCI~-~ ~oni~ ~ ornely restfl p y to ~~CC-D
' ou~rc~ntl zod RCR-l and we v~ould l~k~ t0 re~o~no our ~r~~Y rn our City. ~ px~~Y ~ v Un nt1 rovtdes fog tha b long
' xQVides for zotdng uo~ortnity an thus a~►, but rno~ po Y ~ ~ we11. '~b~s p
t~ b~e~th of these p~'o~ertie~. -
very ~uXy yours,
1
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Handout to City Council ~7/15/~8
My name is Jim Erickson. I reside at X113 Perimeter Street, and .represent the concerns of the Perimeter
Street residents whose homes back up to Inspiration.
Vlie residents want four items that intersect and overlap: a buffer, a fence, a rezoning of the Iots behind us to NR-3, and a restriction that the houses built adjacent to us
be single story. V1le understand .the following to
be the results of the meeting.
All parties agreed to the creation of a buffer on the inspiration side of the common boundary, equal to that
on the Robson side of the boundary. This buffer will be maintained by the Inspiration HOA. It was further
agreed that no structures ar private property would be located within the buffer, and that the rear property
lines of Inspiration lots will begin at the end of the buffer. It was further agreed that the buffer will not be
graded during the construction phase and that the trees in the buffer area will be retained. Because it was agreed that the buffer will not be graded, the buffer can not be used
as a grade to raise ar laver the level of
any lot. Although the paint was not addressed, Robson residents desire the height of any lighting within the
buffer area be restricted to ground or bollard lighting.
Ali parties agreed that inspiration will build an eight foot high fence on the common property sine behind
existing Perimeter Street houses. The fence may deviate somewhat from the property line in order to
preserve trees. The fence will be board on board on steel posts centered between masonry pillars. The fence will be maintained by Inspiration. Robson residents desire the board
material to be synthetic
hardibaard. Robson residents want the fence to be built prior to the onset of any construction grading. The
developer does not agree to that, and that concern remains unresolved. Robson residents strongly believe
the developer has an obligation to construct the fence pr~ar to the onset of any construction grading in order
to minirrri~e Robson resident exposure to dirt, dust, debris, and other airborne particles inherent in the
construction process. We believe that this is a health issue, exacerbated by the fact that Robson is a senior
community. We also want to minimize construction impact on our enjoyment of our property. Vve maintain that insofar as the buffer area will not be graded, there is na impediment
to bur"Iding the fence prior to
grading. Hillwoad does not agree to building .the fence prior to construction grading.
3. Ali parties agreed that the lots immediately behind existing Perimeter Street houses will be zoned NR-3.
This simply codifies the already stated intentions of the developer to make inspiration lots at least as large as
adjacent Robson lots.
4. Robson residents desire that the houses immediately behind the already existing houses on Perimeter
Street be limited to one story. The developer did not agree to this request. There are Z43 houses in the area
of Robson Ranch that is closest to ~'nspiratian. AI! are single scary. The first wrritten request for single story
houses on inspiration lots adjacent to Perimeter Street, was contained in my April 4 letter to Lori Shelton of
the planning Dept. Sloe included this letter in rna~erial that she made available to the Planning and Zoning
Commission. Given that the buffer r`s only ZS-~9; not the 50` that we originally requested, we believe that
greater than single story houses on the lots behind Rer~meter Street are not "lr'ke kind. "
It is possible that the developer will try to separate these four items, and argue that he gave in on the buffer,
the fence, and the rezoning; and in order to be fair, the Robson residents should give in on single story
houses. If that is indeed his argument, it is flawed. All of our concerns overlap and interlock, and cannot be
isolated one from the others. Were the buffer the larger 50' buffer we initially requested, and were it left in
its natural state as originally requested, we would be less insistent an single story houses, and that the fence
be built prior to construction. we are asking you to codify the above items with which all parties are in agreement. Vile are also asking you to codify a requirement that the Inspiration
houses which will back up to
the existing houses an Perimeter Street be single story. VVe are also asking .you to codify a requirement that
the boundary fence be constructed prior to construdtion grading. Thank you.
hanaout to pity ~ounc~~ u~i~~i~o
July 15, 2008
The Development of the Property Identified as "Inspiration"
My name is Jack Faegre, I live in Robson Ranch at 10016 Hanford Drive; Denton, TX.
I want tt~ say at the outset - I am NOT anti-development.
In last month's City Council meeting, you folks specifically directed us Robson Ranch
residents to arrange a meeting between Mr. Ed Robson's representative, aresident of
Robson Ranch who lived on Perimeter Street with houses that abut to the Inspiration
Development, one additional Robson Ranch Resident who could speak for all other
unresolved issues which concern Robson Ranch residents, and with the Inspiration
Developer.
Mr. Fred Balda of Hillwood Development called and asked for a meeting on this past
Thursday July 10, 2008. Accordingly I arranged for a very nice private meeting room in
one of our community buildings. I had it equipped with a speakerphone with unlimited
access to long distance. I had our Grill Manager provide iced water, iced tea, and a very
large fresh fruit tray -pretty much every thing one would need for men and women of
good-will to sort out any issues they might have.
Mr. Ed Robson directed Mr. Steve Soriano to fly in from Arizona to attend this meeting
and speak for Mr. Robson with full authority. Speaking for the residents of Perimeter
Street were Mr. Jim Erickson. Also attending from Perimeter Street were Ms Beriy
Erickson, and Ms Nancy Tong. I was selected to attend and present the other unresolved
issues that exist with the Robson Ranch residents. Kathleen and Ray Wazny were far out-
of-town on previously scheduled important family business.
Days prior Jim Erickson and Kathleen Wazny met with all of the residents of Perimeter
Street and achieved a written proposal that received unanimous support from the residents
of Perimeter Street. Jim also received unanimous support to represent and negotiate for
them.
I did my best to sort thru all of the issues that have been raised by Robson Ranch residents
and put together a single concise document, which logically summarized and presented
those issues.
Concerning the border or buffer issues, some on the Council requested that what would be
appropriate would be for the Robson Ranch residents to be prepared to accept from
Inspiration a "mirror image" of what Robson Ranch has. Accordingly that is exactly what
we did -that "mirror image" is:
2
♦ An open but maintained buffer space of 28 to 29 feet on each side of the property line -
this is what Robson now has.
♦ An eight solid fence on the property line -deviating from the property line a little
either way to save any existing trees.
♦ Zoning on the Inspiration houses that abut the Robson houses that mandate the same lot
size as those Robson houses. This zoning would be NR-3.
♦ Single story houses adjacent to the Robson houses. The houses on Perimeter St are all
single-story.
Mr. Baida of Hillwood steadfastly refused to discuss any issues other that the buffer issue.
He very abruptly stonewalled any attempt to inject any discussion of the other critical
unresolved issues.
We met for 3 '/z hours (from 2:00 to 5:30 PM). Mr. Balch agreed to 3/4 the of a mirror - he
summarily dismissed all other discussion.
No one on the Council and certainly no one from Robson Ranch has concluded that there
are no other unresolved issues -there are and if they are not given an opportunity to be
resolved they are quite likely to come back and "bite us"
Citizen issues are unresolved regarding Inspiration. The City Council closed the public
hearing at the last City Council meeting which ended the ability for citizens to voice their
concerns at the microphone in front of the City Council.
Therefore, we request the City Council NOT VOTE on Inspiration at tonight's meeting,
continue this item to the new City Council meting, and formally re~-open the public
hearing, which will allow the public to speak at the next City Council meeting.
It is not as if the Developer has any legitimate reason to be in a big hurry. With today's
housing and housing financial market conditions I don't think any one out there is
clamoring for there to be more vacant houses put on the market in a hurry right now.
This Inspiration Development is very large and it will have a very significant impact on
the future of the City of Denton. This is a VERY IMPORTANT DECISION for Denton's
future and you the members of this City Council deserve an adequate opportunity to get
this decision right.
Thank you for your consideration,