HomeMy WebLinkAbout2018-11-27 Agenda with BackupCit of Denton City Hall
Y 215 E. McKinney St.
Denton, Texas 76201
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���'����"�-�'� Meeting Agenda
City Council
Tuesday, November 27, 2018 12:00 PM Work Session Room
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Tuesday, November 27, 2018 at 12:00 p.m. in the Council Work Session Room at City
Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be
given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda.
A Request to Speak Card should be completed and returned to the City Secretary before Council considers
this item.
2. Requests for clari�ication of agenda items listed on the agenda for November 27, 2018.
3. Work Session Renorts
A. II) 18�2024 Receive a report from the Denton County Transportation Authority and hold a discussion
regarding the agency's service provisions, budget, goals and objectives for its member
cities.
Attachments: Exhibit 1- Aqenda Infarmatian Sheet.pdf
Exhibit 2- DCTA Update �Iav 27, 2018 Dentan City Cauncil.pdf
B. II) 18�1995 Receive a report, hold a discussion, and give staff direction regarding public outreach and
communications for City construction projects.
Attachments: Exhibit 1- Aaenda Infarmatian Sheet
Exhibit 2- ISR 2018-131 Canst. Pralects Cammunicatians Plans
Exhibit 3 - Presentatian
C. II) 18�2007 Receive a report, hold a discussion, and provide staff direction regarding City Council
priorities for upcoming work session report topics.
Attachments: Exhibit 1- Aaenda Infarmatian Sheet
Exhibit 2- Planned Wark Sessian Tapics
Exhibit 3- Individual Survey Respanses
Exhibit 4- Cambined Survey Respanses
Exhibit 5 - Presentatian
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider
specific items when these items are listed below under the Closed Meeting section of this agenda. The City
Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent
with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
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City Council
1. Closed Meeting:
Meeting Agenda November 27, 2018
A. II) 18�2025 Consultation with Attomeys - Under Texas Government Code Section 551.071;
Deliberations regarding Personnel Matters - Under Texas Government Code Section
551.074.
Consult with the City's attorneys for legal advice regarding a settlement offer and
contemplated litigation involving Cleopatra Birckbichler, as well as with regard to legal
matters closely related to that contemplated litigation, where the city's attorneys' duties to
the governmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflict with Chapter 551 of the Texas Open Meetings Act.
This closed session also concerns deliberations involving a public officer or employee,
under circumstances allowing closed session under section 551.074 of the Texas Open
Meetings Act.
B. II) 18�203F� Deliberations regarding Real Property - Texas Government Code Section 551.072;
Consultation with Attorneys - Texas Government Code Section 551.071;
Discuss, deliberate, and receive information from staff and provide staff with direction
pertaining to the Lease Agreement between the City and American Biosource, LLC,
dated January 7, 2014 and approved and authorized by Ordinance No. 2014-020
("Lease Agreement"). Discuss, deliberate, and receive information from the City's
attomeys and provide the City's attorneys with direction regarding legal issues associated
with the Lease Agreement where a public discussion of these legal matters would conflict
with the duty of the City's attorneys to the City of Denton and the Denton City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or
would jeopardize the City's legal position in any administrative proceeding or potential
litigation.
C. II) 18�2055 Deliberations regarding Personnel Matters - Under Texas Government Code Section
551.074; Consultation with Attorneys - Under Texas Govemment Code Section
551.071.
Deliberate and discuss the evaluation, duties, appointment and removal of the City of
Denton's primary representative to the Denton County Transportation Authority Board of
Directors. Consultation with the City's attorneys regarding legal issues associated with
the evaluation, duties, appointment and removal of the City of Denton's primary
representative to the Denton County Transportation Authority Board of Directors where
discussion of these legal matters in an open meeting would conflict with the duty of the
City's attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
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City Council Meeting Agenda November 27, 2018
ANY F1NAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A CLOSED
MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD 1N COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH F1NAL
ACTION, DECISION, OR VOTE IS TAKEN 1N THE CLOSED MEETING 1N ACCORDANCE WITH
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER
EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN 1NT0 A CLOSED
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE 1N A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, 1N ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting to
consider the following items:
1. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the
Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to
implement each item in accordance with the Staff recommendations. The City Council has received
background information and has had an opportunity to raise questions regarding these items prior to
consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent
Agenda (Agenda Items A—�. 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— J 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. II) 18�1881 Consider adoption of an ordinance of the City of Denton, Texas, a home-rule municipal
corporation, authorizing the City Manager, or his designee, to execute a contract through
the Buy Board Cooperative Purchasing Network Contract Number 524-17 for the
acquisition of rifle resistant plate carriers and rifle resistant plates for the Police
Department from funds provided by the Office of the Governor through the
Rifle-Resistant Body Armor Grant Program and acquisition of single magazine pouches,
medical pouches and carry bags from funds in the Police Seizure Account; providing for
the expenditure of funds therefor; and providing an effective date (File 6932 - awarded to
GT Distributors, Inc. in the one (1) year not-to-exceed amount of $82,539).
Attachments: Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - Tabulatian Sheet
Exhibit 3- ardinance and Cantract
B. II) 18�1893 Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payment by the City of Denton to the Texas Commission of
Environmental Quality for waste disposal fees; and providing an effective date (waste
disposal fee in the total amount of $280,000 - The Public Utilities Board recommends
approval5-0).
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City Council Meeting Agenda November 27, 2018
Attachments:
Exhibit 1 Aqenda Infarmatian Sheet- Municipal Salid Waste Fee far CaD Landfil
Exhibit 2 30 TAC 330
Exhibit 3 30 TAC 330
Exhibit 4- ardinance
C. II) 18�1899 Consider approval of a resolution of the City of Denton, authorizing the City Manager, or
his designee, to execute an application for the Urban Area Security Initiative Grant on
behalf of City of Denton Fire Emergency Medical Services Rescue Task Force;
authorizing the City Manager, or his designee, to accept said grant funds in the amount of
$100,000.00 from the State Homeland Security Program through the State of Texas
Office of the Govemor for the period of November 2018 to August 2019; and providing
Attachments:
D. II) 18�1903
Attachments:
E. II) 18�1913
Attachments
F. II) 18�1914
an effective date.
Exhibit 1 Aqenda Infarmatian Sheet
Exhbit 2 Resalutian
Consider adoption of an ordinance of the City of Denton prohibiting eastbound right turn
movement at the signalized intersection of FM 2499 and Robinson Road where the
eastbound traffic is facing a red signal light; providing a repealer clause; providing a
savings clause; providing for penalty not to exceed $500 for violations of this ordinance;
providing that violations of this Ordinance shall be governed by Chapter 18 of the Code
of Ordinances of the City of Denton; and providing for an effective date. Traffic Safety
Commission recommends approval 4-0.
Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - Lacatian Map
Exhibit 3 - Street View
Exhibit 4 - ardinance
Consider approval of a resolution of the City of Denton, specifying its intent to designate a
location at the Denton Enterprise Airport for the siting of a future fire station; updating the
Airport Layout Plan; and providing an effective date. The Council Airport Committee
recommends 2-0 and the Airport Advisory Board recommends 6-0.
Exhibit 1- AIS Prapased Fire Statian.pdf
Exhibit 2- Airpart Layaut Plan
Exhibit 3- Airpart Fire Statian Canceptual Plan
Exhibit 4- Airpart Fire Statian Resalutian
Consider adoption of an ordinance of the City of Denton, authorizing the City Manager,
or his designee, to execute an amended Memorandum of Understanding with the United
States Department of Justice for participation in the Federal Equitable Sharing Program
for Fiscal year 2019; and providing an effective date.
Attachments: Exhibit 1- AIS - Amended Federal Equitable Sharinq Pracaram
Exhibit 2- ardinance Amended Federal Equitable Sharinca Praqram
Exhibit 3- Amended Aqreement Federal Equitable Sharinq Praqram
Page 4 Printed on 11/21/2018
City Council
G. II) 18�1991
Attachments:
H. II) 18�1993
I.
J
Meeting Agenda November 27, 2018
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract for Traffic Signal
Maintenance Services for the City of Denton with Bean Electrical, Inc.; providing for the
expenditure of funds therefor; and providing an effective date (IFB 6897-awarded to
Bean Electrical, Inc. in the three (3) year not-to-exceed amount of $900,000).
Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - �id Tabulatian
Exhibit 3- ardinance and Cantract
Consider adoption of an ordinance of the City of Denton, approving a City sponsorship in
an amount not to exceed $15,600 of in-kind services and resources for the Denton
Holiday Lighting Festival on Friday, November 30, 2018, from 4:00 p.m. to 10:00 p.m.,
to be held on the square in downtown Denton; and providing an effective date.
Attachments: Exhibit 1 Aqenda Infarmatian Sheet
Exhibit 2 ardinance
Exhibit 3 Spansarship Letter
Exhibit 4 Letter af Request
Exhibit 5 In-Kind Suppart
II) 18�2030 Consider adoption of an ordinance authorizing the settlement of litigation styled City of
Denton, Texas v. Robert W. Jones, Trustee of the Jones Family Trust, Cause No.
PR-2015-00509, currently pending in the Probate Court of Denton County, Texas,
regarding the acquisition of fee and easement interests required for the widening of Bonnie
Brae Street in the Total Settlement Amount of Three Hundred Forty-Five Thousand Five
Hundred Forty-Six Dollars and No Cents ($345,546.00); authorizing the City Manager
and City Attomey to effectuate the settlement; authorizing the expenditure of funds
Attachments:
II) 18�2038
Attachments:
therefor; providing a savings clause; and providing an effective date
project - Phase 3- Parcel 17)
Exhibit 1- Aqenda Infarmatan Sheet
Exhibit 2- Janes Familv Trust Lacatian Map
Exhibit 3- Janes Familv Trust Site Map
Exhibit 4- ardinance - Janes Familv Trust settlement
. (Bonnie Brae Street
Consider adoption of an ordinance approving a salary increase of three percent (3%) for
City Attomey Aaron Leal under the performance review provision of his employment
agreement with the City; extending the term of the City Attorney's employment agreement
to October 11, 2020; authorizing the expenditure of funds; and providing an effective
date.
Exhibit 1- Aaenda Infarmatian Sheet
Exhibit 2 - ardinance
2. ITEMS FOR INDIVIDUAL CONSIDERATION
A. A18�0002d Conduct the second of two readings and consider adoption of an ordinance of the City of
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City Council
Attachments
Meeting Agenda November 27, 2018
Denton, Texas, Voluntarily Annexing Approximately 86.47 acres of land, generally
located between Creekdale Drive and Hickory Creek Road, East of the railroad crossing
at Hickory Creek Road, more specifically described in Exhibit "A" and illustrated in
Exhibit `B"; providing for a correction to the city map to include the annexed lands;
providing for saving and severability; and establishing an effective date. (A18-0002)
Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2- Site Lacatian Map
Exhibit 3 - Zaninq Map
Exhibit 4 - Staff Presentatian
Exhibit 5 - Draft ardinance
B. �OA17�0010 Consider an appeal of the Historic Landmark Commission denial of an amendment to an
existing Certificate of Appropriateness for the expansion of a mural to the front fa�ade of
a local designated landmark building located at 122 North Locust (COA17-0010, 122
N. Locust) The Historic Landmark Commission recommends denial (7-0).
Attachments: Exhibit 1- Aqenda Infarmatian Sheet
C. II) 18�1950
Attachments:
D. II) 18�2054
Attachments:
Exhibit 2- Staff Analysis
Exhibit 3- Histaric Landmark Cammissian �Iavember 13, 2017 Aqenda Infarmati
Exhibit 4- Histaric Landmark Cammissian actaber 8, 2018 Aqenda Infarmatian :
Exhibit 5- Applicants request af Appeal
Exhibit 6- Imaqes af �uildinq
Consider approval of a resolution of the City of Denton, adopting the City of Denton's
2019 State Legislative Program for the 86th Texas Legislature; and providing an effective
date.
Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2- Draft 2019 State Leqislative Pracaram
Exhibit 3 - Resalutian
Exhibit 4 - Presentatian
Consider approval of a resolution of the City Council of the City of Denton, Texas, to
remove the City of Denton's primary representative to the Denton County Transportation
Authority Board of Directors; and providing an effective date.
Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - Resalutian.pdf
Exhibit 3- Draft 2019 State Leqislative Prac�ram
Exhibit 4 - DCTA �vlaws
3. CONCLUDING ITEMS
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City Council
Meeting Agenda November 27, 2018
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council
or the public with specific factual information or recitation of policy, or accept a proposal to place the
matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open
Meetings Act, provide reports about items of community interest regarding which no action will be taken,
to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the governing body that
was attended or is scheduled to be attended by a member of the governing body or an official or employee
of the municipality; or an announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting topics, above posted.
CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2018 at o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE 1N
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE
SIGN LANGUAGE 1NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48
HOURS 1N ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE
DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE 1NTERPRETER CAN
BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
page � Printed on 11/21/2018
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-2024, Version: 1
AGENDA CAPTION
Receive a report from the Denton County Transportation Authority and hold a discussion regarding the
agency's service provisions, budget, goals and objectives for its member cities.
City of Denton Page 1 of 1 Printed on 11/21/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City of Denton
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www.cityofdenton.com
DEPARTMENT:
ACM:
DATE:
AGENDA INFORMATION SHEET
City Manager's Office
Mario Canizares
November 27, 2018
SUBJECT
Receive a report from the Denton County Transportation Authority (DCTA) and hold a discussion regarding
the agency's service provisions, budget, goals and objectives for its member cities.
INFORMATION /BACKGROUND
Over the last several months, numerous discussions regarding Denton's concerns over the Denton County
Transportation Authority's (DCTA) declining ridership and service levels, all while sales tax revenues
continue to increase. These issues were raised with Jim Cline during his tenure at the agency.
The DCTA Board of Directors recently appointed Raymond Suarez as CEO. As a result, the City
requested that Mr. Suarez, present to the City Council on November 27, his vision on how the agency will
operate under his leadership and address the issues raised by the City of Denton.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Not applicable.
RECOMMENDATION
Not applicable.
FISCAL INFORMATION
Not applicable.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
Sustainable & Environmental Stewardship
5.5 Provide alternative modes of transportation
Exhibit 1: Agenda Information Sheet
Exhibit 2: PowerPoint Presentation
Respectfully submitted:
Mario Canizares, 940-349-8535
Assistant City Manager
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City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-1995, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding public outreach and communications for
City construction projects.
City of Denton Page 1 of 1 Printed on 11/21/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City of Denton
_ . City Ha11
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www. cityo fdenton. com
DEPARTMENT:
CM/ DCM/ ACM:
DATE:
AGENDA INFORMATION SHEET
Public Affairs / IGR
Mario Canizares, Assistant City Manager
November 27, 2018
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding public outreach and communications
for City construction projects.
BACKGROUND
Effective communications are an integral part of the success of any City of Denton capital project. Road
and utility construction projects, in particular, need to include thoughtful, strategic communication plans to
reduce driver and stakeholder confusion, frustration, and impacts. Over the past year, Capital Projects and
Public Affairs have worked together to improve public outreach and communications strategies for City
projects. This includes creating the Improving Denton campaign; providing timely construction notices to
residents, businesses, and stakeholders; planning for and holding more public and neighborhood meetings;
and using multiple media platforms to educate, engage, and inform the public about the construction
projects. Through cooperation and resource sharing, Capital Projects and Public Affairs want to take the
next steps to elevate the construction communication process and keep Denton residents and businesses
engaged in their community.
DISCUSSION
The City of Denton is experiencing a significant amount of road and utility construction. As such, the need
to communicate the impacts of those projects effectively to the right stakeholders is very important. For all
projects in Denton, communications rely on a collaborative effort between two departments: Capital
Projects and Public Affairs. While Capital Projects serves as the project and technical experts, Public Affairs
assists with project messaging, outreach, and media. While each department plays an important role in the
process, both work to ensure that citizens, businesses, and stakeholders are engaged in the project planning
process, have meaningful and timely information, understand the impact and value of projects, and have
access to the appropriate staff to get more information or ask questions.
While there are many communications strategies and platforms that can help make construction
communications successful, three central strategies are the focus: educate, engage, and inform. For different
projects, issues, or themes, Capital Projects and Public Affairs work together to identify which
communication strategy will be most appropriate and effective. No matter which strategy is used, the goal
is always to ensure that the right information is provided to the right stakeholders at the right time. In
addition, our goal is to make sure that all communications are presented with understanding and empathy
of the frustration and inconvenience that projects may cause.
In terms of creating communication plans for projects, the City has opted to not use a one-size-fits-all
approach, but instead use a general communications plan that is customized for each project. The plan lays
out the "toolbox" or platforms, media, and other methods through which construction messages are
communicated. A detailed description of the plan and the matrix of the communication toolbox is provided
in the attached (and previously provided) ISR.
Since being charged with improving construction communications, Capital Projects and Public Affairs have
implemented many improvements. Improvements include:
• Creating the Program Management Office (PMO)
• Increasing weekly coordination through PMO and Public Affairs
o Holding weekly project coordination meetings
o Updating and refining the Street Construction Report
• Launching the Improving Denton brand and webpage
• Including regular updates in the Resident Update
• Increasing contact with citizens, businesses, and stakeholders
o Letters, doorhangers, public meetings, etc.
• Developing custom project one-pagers for major projects
Recognizing the importance of communications in building trust and support in the community, staff have
also identified additional improvements that will be explored and implemented in the near future. These
include:
• Expanding the Improve Denton brand
o Updating existing webpage
o Exploring proj ect blogs
o Utilizing more branded communications
• Increasing use of communications toolbox
o Expanding use of social media, digital platforms, and neighborhood/public meetings
• Increasing public participation and engagement opportunities
• Expanding GIS map capabilities
• Publishing the 2019 Construction Guide (supplemental resident newsletter with a focus on
construction projects)
As with all endeavors project related, the City's project communication toolbox is an evolving set of tools
that will dynamically change as both technology and experience guide future efforts to improve in the
communication of construction projects. To ensure that this toolbox continues to grow and/or change
effectively, staff will utilize an after-action analysis methodology to evaluate how effective communication
has been utilized through key phases of each project.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
• An informal presentation on the Improving Denton campaign was provided to the Committee on
Citizen Engagement on Feb. 6, 2018.
• An informal staff report (ISR 2018-131) was provided to City Council on Sept. 21, 2018.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
Organizational Excellence
1.3 Promote effective internal and external communication
Exhibit 1— Agenda Information Sheet
Exhibit 2— ISR 2018-131 Construction Projects Communications Plans
Exhibit 3 — Presentation
Respectfully submitted:
Jessica Rogers
Deputy Director of Public Affairs/PIO
Todd Estes, City Engineer
Director of Capital Projects
Date: September 21, 2018
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Construction Projects Communication Plans
EXECUTIVE SUMMARY:
Report No. 2018-131
The City of Denton is experiencing a significant amount of road and utility construction. However,
with the implementation of future bond projects and other projects, construction across the city is
still going to increase. To facilitate the flow of information to the public, Capital Projects and
Public Affairs are actively working together to determine the best methods of communication for
all projects; develop consistent, concise, and informative messaging; and produce public
engagement and communication schedules. Most importantly, we are constantly reviewing and
evaluating our communication processes to better expand our ability to communicate with our
residents, business owners, and stakeholders.
BACKGROUND:
Every construction project that impacts residents or businesses needs to be effectively
communicated. However, the level of communication and the methods used can vary greatly based
on scope, timeline, and characteristics of each individual project. And while we customize
communications to match each individual project, it would be inefficient to develop individual
plans for every single project. Instead, we use general communication planning with set strategies
based on project size and scope, then add different variables to meet project needs. With each
project, our communication goals remain the same: notify those impacted; tell them what is
happening, why it is happening, and for how long they are going to be impacted; provide a contact
if they need to speak with someone; and, supply any additional locations to get more information.
Outlined below is our general approach to communicating projects based on scale and impact
level. Attached as Exhibit 1 is a list of the most common communication tools available to the
City and how we typically use them.
Emergency Repairs/Emergency Service Interruption
Examples: Water Main Break, Electrical Outage
In these instances, we have no warning that a large-scale construction or service interruption event
is going to happen in a given location. There are instances in which the impact is removed prior to
residents even knowing. Other times, service gets interrupted and could remain interrupted for a
long period of time. To communicate effectively, we look at who (residents, businesses, schools,
etc.) is going to be impacted and for what length of time. Once we have evaluated the impact level,
we devise a communication strategy which fits the need of the situation. This includes selecting
Date: September 21, 2018 Report No. 2018-131
the best method to communicate with those impacted and devising a short, medium, and long-term
communication plan depending on the scale and time of service interruption. We may send emails
to already-developed contact lists (e.g. Main Street Association), contact property owners directly
by either face-to-face interactions or door-hangers, and provide emergency alerts through our
media channels, such as contacting local media or posting information on an official City social
media channel.
Small-Area Maintenance or Repair
Examples: Traffic Signal Replacement, Sidewalk Repair, Concrete Panel Repair, Pothole Repair
In these situations, we develop communication plans based on the impact level of individual
projects. In most cases, small-area maintenance and repairs are completed without impacting the
flow of traffic or with minimal traffic impacts. These repairs are also typically limited in impact
geographically, so notifications do not exceed the areas of immediate impact. However, these
projects are sometimes scheduled far in advance, which provides us time to develop project-
specific messaging. This includes drafting a project-specific letter which is mailed to impacted
property owners, delivering doorhangers on days of immediate impact to homes and businesses,
and any other messaging that could help assist notify the public can be developed and promoted
when necessary.
Neighborhood Singular Segment Projects
Example: Street Resurfacing on Emery Street
In these types of projects, we look at impacts to the roadways, travel lanes, and surrounding areas
to decide the best way to communicate and keep residents informed. Because the project is in a
neighborhood, we focus primarily on informing the immediately impacted residents. However, in
some instances, businesses, schools, churches, and other uses may be impacted. We take into
consideration whether on-street parking and local traffic will be interrupted and if driveways will
be blocked and tailor our communications to fit the project characteristics. We also take into
consideration if the street is a prominent route between two landmarks to determine if our
communications needs to extend beyond the directly impacted property owners.
Neighborhood Street Multi-Segment or Multi-Phase Projects
Example: Fulton Street
In these projects, we work to communicate the full extent of a project to the entirety of the
population impacted. This includes making direct contact with property owners through direct
letters, describing the extent of the project, and providing project timelines and phasing (if
applicable). Because projects of this scale can be phased, residents may not see the direct impact
for the entirety of the project. In this instance, crews will provide door hangers to the impacted
property owners when work is being performed directly in their area. For projects of this level, we
may hold a neighborhood meeting to discuss the project impact and outcomes with the residents.
Date: September 21, 2018
Large-Scale Neighborhood Projects
Example: Holiday Park neighborhood
Report No. 2018-131
Large-scale neighborhood projects impact multiple segments or multiple streets and are divided
into construction phases. The scale and scope of the proj ects may include different utilities, leading
to construction impacts lasting for an extended period of time. When these projects occur, we
would like to hold neighborhood meetings to inform residents of the impacts and provide them the
opportunity to engage with project managers, ask questions, and gather information about how
they will be impacted. These projects can lead to frustration for property owners because they are
phased over time. A homeowner might see long delays between periods of construction as the
various construction phases transition along the project. It is important that regular updates are
provided to residents throughout the life of the project, including when phases are starting,
completed, and if there are any changes to the schedule. Special consideration should also be taken
to inform residents of any interruptions in utility service that may occur, or any changes in street
uses (e.g. parking, limits to local or thru-traffic, etc.).
Major Thoroughfare Roadway or High Impact Projects
Examples: Bonnie Brae Street, Mayhill Road
These high-impact projects are the largest projects managed by City staff and require the greatest
level of communications. Construction is likely to be phased and may take years to complete. As
such, it is important that impacted neighborhoods, businesses, schools, and other facilities are
provided accurate and meaningful information. Communication is typically measured in that we
provide overall project information through media that captures the greatest general audiences,
such as public meetings or social media. We then send more specific communications to impacted
residents or businesses as construction impacts move into their direct vicinity.
Highway, Freeways, and Other Agency Projects
As we have experienced recently, some of the most impactful projects are those that are not
managed by the City. However, while we are not actively managing the project, we are engaged
with outside agencies to provide the most up-to-date and important information to Denton residents
and businesses.
CONCLUSION:
Currently, both Public Affairs and Capital Projects staff are preparing for an increase in project
communications. The building blocks and options are in place, but precise communication
strategies will be developed for individual projects in a manner that communicates the right
information to the right audience. Once the design process and scheduling process begins, staff
will schedule public meetings, draft correspondence and messaging custom to each project, and
begin the communication campaign.
Date: September 21, 2018
Report No. 2018-131
With the upcoming bond projects, we will start each project by holding an internal stakeholder
meeting. Then, we will begin developing project communication and outreach materials and
defining communication schedules. Once materials are prepared and the project hits specific
design milestones, a public meeting will be held. Information will also be distributed to residents
through direct mailers and door hangers both as a project begins and as it progresses. The progress
of projects will be managed through other outlets as well, such as the Improving Denton webpage,
to supplement information distribution. In addition, staff is planning to provide overall updates
through regular outreach mechanisms, such as the Resident Update.
ATTACHMENT(S):
Exhibit 1: Available Communication Options and Typical Usage
STAFF CONTACT:
Todd Estes, Director of Capital Projects/City Engineer
(940) 349-8917
�f;���:�:.:.:�1:::°::�:��".�..%�7,�� tv��a �"��° �� t��a�� . ���arr��
Jessica Rogers, Deputy Director of Public Affairs & IGR
(940) 349-7531
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City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-2007, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and provide staff direction regarding City Council priorities for upcoming
work session report topics.
City of Denton Page 1 of 1 Printed on 11/21/2018
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City of Denton
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www.cityofdenton.com
DEPARTMENT:
DCM:
DATE:
AGENDA INFORMATION SHEET
City Manager's Office
Bryan Langley
November 27, 2018
SUBJECT
Receive a report, hold a discussion, and provide staff direction regarding City Council priorities for
upcoming work session report topics.
BACKGROUND
Based on feedback provided during the August 25 City Council Retreat, the City Council now holds
monthly strategy session discussions to help prioritize future work session requests. Prior to each strategy
session discussion, staff distributes a survey to City Council asking them to prioritize potential future work
session topics. In preparation for the November 27 strategy session, staff distributed a survey to City
Council on Wednesday, November 14. Items on the November 14 survey included topics from October 23
strategy session that have not yet been scheduled for a work session along with all policy-related Informal
Staff Reports (ISRs) that were distributed from October 23 through November 9 where a work session is
not currently scheduled.
Planned Work Session Topics
The current list of planned work session topics is attached as Exhibit 2. To-date, work session presentations
have been scheduled through February 2019. This list consists of 41 items, topics include items ranked as
a high priority during the October 23 strategy session along with other operational and general consensus
requests.
Other Repuests
Below is a brief description of the "other requested topics" included in the November 14 City Council
survey:
Statement on the Confederate Monument in the Courthouse Square — Overview of recent efforts to provide
historical context, modify, or remove the confederate soldier memorial located on the Denton County
Courthouse square. Note: ISR on this subject was included in the September 21 Friday Report.
Denton Countv MHMR Fundin� Information — Overview of what Denton County MHMR is, how it is
funded, and current funding challenges. Note: ISR on this subject was included in the September 28 Friday
Report.
Smokin� Ordinance Overview — Brief history of both the prior Ordinance No. 2012-367 and current
Ordinance No. 2015-121 and information on how the ordinance is enforced. Note: ISR on this subject was
included in the September 28 Friday Report.
Code Enforcement/CIS Overview — Brief summary providing information about Community Improvement
Services' history, programs, notification and abatement process, and compliance rates. Note: ISR on this
subject was included in the October 12 Friday Report.
Qualified Voter Rec�uirements — Report on the City of Denton's "Qualified Voter" requirement for board
or commission members. Note: ISR on this subject was included in the October 12 Friday Report.
Project Names for Economic Development Projects — Information on the use of project names for economic
development recruitment efforts and non-disclosure agreements. Note: ISR on this subject was included in
the October 12 Friday Report.
Landfill Expansion Permittin� Process — Update on the landfill permitting process. Note: ISR on this subject
was included in the October 26 Friday Report.
New Market Tax Credits — Overview of the New Market Tax Credit program including regulatory
information, terminology, and the pros and cons of the program. Note: ISR on this subject was included in
the October 26 Friday Report.
E-Ci�arette Re�ulations and Enforcement — Information on current laws and policies in the City of
Denton which regulate the sale and usage of electronic cigarettes by individuals. Note: ISR on this subject
was included in the November 2 Friday Report.
Bonnie Brae and Scri�ture Tract — Information on options to repurpose the structure on the 0.8 acre tract
that the City recently purchased for the Bonnie Brae widening project and incorporating any residual
property into McKenna Park Note: ISR on this subject was included in the November 9 Friday Report.
IOOF Cemeterv Fence Im�rovements — Information on planned infrastructure improvements at the IOOF
Cemetery and IOOF Street. Note: ISR on this subject was included in the November 9 Friday Report.
Back-In Parkin� on Hickory — Overview of the history of back-in parking on Hickory and staff's
recommendation to continue enforcement of back-in parking. Note: ISR on this subject was included in the
November 9 Friday Report.
Cumberland Children's Home — Description of Cumberland Children's Home and information on potential
partnership opportunities with the City. Note: ISR on this subject was included in the November 9 Friday
Report.
Survev Results
On Wednesday, November 14, staff emailed a link to an online survey asking the City Council to indicate
either "high interest," "low interest," or "no interest" in hearing a formal presentation for the items listed
above in the "Other" category. Five of the seven elected officials completed the survey. The table below
provides the total weighted score for each topic:
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Develop Statement on the
Confederate Monument in the
Courthouse S uare 3 2 3 8
Qualified Voter Board Member
Re uirement 3 4 2 9
Use of Project Names for Economic
Develo ment Pro'ects 3 4 2 9
Denton County MHMR Funding
Information 3 6 1 10
Overview of the City's Smoking
Ordinance 3 6 1 10
Code Enforcement and CIS
Overview 3 6 1 10
Back-In Parkin on Hicko 6 2 2 10
Cumberland Children's Home 6 2 2 10
Landfill Expansion Permitting
Process 6 4 1 11
Bonnie Brae and Scripture Tract
(making part of McKenna Park) 6 4 1 11
IOOF Cemetery Fence
Improvements 6 4 1 11
E-Cigarette Regulations and
Enforcement 9 2 1 12
New Market T� Credits 9 4 0 13
A complete listing of survey responses is attached as Exhibit 3 and Exhibit 4.
Staff will discuss topics by category and will request Council feedback to confirm which items warrant a
future work session presentation.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
EXHIBITS
Exhibit 1— Agenda Information Sheet
Exhibit 2— Work Session Schedule
Exhibit 3— Individual Survey Results
Exhibit 4— Combined Survey Results
Exhibit 5 — Presentation
Respectfully submitted:
Rachel Wood
Chief of Staff
ii/zi/zois
Exhibit 2
Future Work Session Items
DCTA Appointment
DCTA Board of Discussion is
Downtown Design Customer Service Directors pending adoption of
3-Dec Lunch Audit Governance Standards Audit Appointment 11/27 resolution
Homestead 380 Lighting
4-Dec Exemption Options SRO/Multi-Family Recommendations
Date is pending for
Historic Preservation Employee Ethics UNT Athletic Facility UNT Athletic Facility
11-Dec Tyson Development Master Plan Policy Update Master Plan Master Plan
BMR/Rubble Removed Work
Denton Processing Business Strategic Plan for Affordable housing American Legion Session Strategy
18-Dec Development Code Case Analysis Homeless Shelters incentives Hall Session
Potential 8am start
Library Annual Citywide Strategic time for Municipal
7-Jan Lunch Report Plan Update Judge interviews
Update on
DME Risk North Lakes Dog Marketing/ Naming
8-Jan Management Policy Floodplain CRS Park Policy
Right-of-Way Work Session Special Event Recycling Business
15-Jan Ordinance Strategy Session Ordinance Update Case Analysis Cultural District
City Hall East Facility Location will be City
4-Feb Lunch Animal Shelter Plan for PD Tennis Center Hall East/Police HQ
Solid Waste Mid- Housing Tax Credit 1001 Mayhill Facility Dallas/Teasley
5-Feb Year Budget Review Applications Mews Streets Improvements Telecom Poles
Home Chemical
Collection Business
12-Feb Fire Diversity Case Analysis Patrick Park
�9�e1� Meeting cancelled due to Denton County Days in Austin
Solid Waste Rate Work Session
26-Feb Discussion Strategy Session
Enhanced Leachate
Recirculation Yard Waste
South Lakes Park Business Case Collection Business
Date TBD Parking Lot Analysis Case Analysis
Individual Survey Responses
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S C IC S
Name
Campany
Address
Address 2
City/Tawn
State/Pravince
ZIP/Pastal Cade
Cauntry
Email Address
Phane Number
Survey Respondents:
Mayor Watts
Mayor Pro Tem Ryan
Council Member Armintor
Council Member Hudspeth
Council Member Meltzer
Combined Survey Responses
Q1 Please provide your name
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0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
Potential Work Session Topics
Q2 Development of Statement on the Confederate Monument in the
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Law Interest in Discussing During a Future Wark Sessian
Na Interest in Discussing During a Future Wark Sessian
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Potential Work Session Topics
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Law Interest in Discussing During a Future Wark Sessian
Na Interest in Discussing During a Future Wark Sessian
TdTAL
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Na Interest in Discussing During a Future Wark Sessian
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Law Interest in Discussing During a Future Wark Sessian
Na Interest in Discussing During a Future Wark Sessian
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Law Interest in Discussing During a Future Wark Sessian
Na Interest in Discussing During a Future Wark Sessian
TdTAL
6/14
Sr S S
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40.00%
40.00%
Potential Work Session Topics
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Law Interest in Discussing During a Future Wark Sessian
Na Interest in Discussing During a Future Wark Sessian
TdTAL
7/14
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Potential Work Session Topics
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Law Interest in Discussing During a Future Wark Sessian
Na Interest in Discussing During a Future Wark Sessian
TdTAL
8/14
Sr S S
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40.00%
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Potential Work Session Topics
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Law Interest in Discussing During a Future Wark Sessian
Na Interest in Discussing During a Future Wark Sessian
TdTAL
9/14
Sr S S
60.00%
40.00%
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Potential Work Session Topics
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Na Interest in Discussing During a Future Wark Sessian
TdTAL
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20.00%
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-2025, Version: 1
AGENDA CAPTION
Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding
Personnel Matters - Under Texas Government Code Section 551.074.
Consult with the City's attorneys for legal advice regarding a settlement offer and contemplated litigation
involving Cleopatra Birckbichler, as well as with regard to legal matters closely related to that contemplated
litigation, where the city's attorneys' duties to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflict with Chapter 551 of the Texas Open Meetings
Act. This closed session also concerns deliberations involving a public officer or employee, under
circumstances allowing closed session under section 551.074 of the Texas Open Meetings Act.
City of Denton Page 1 of 1 Printed on 11/21/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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��������'���
Legislation Text
File #: ID 18-2036, Version: 1
AGENDA CAPTION
Deliberations regarding Real Property - Texas Government Code Section 551.072; Consultation with Attorneys - Texas Government
Code Section 551.071;
Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the Lease Agreement between the
City and American Biosource, LLC, dated January 7, 2014 and approved and authorized by Ordinance No. 2014-020 ("Lease
Agreement"). Discuss, deliberate, and receive information from the City's attorneys and provide the City's attorneys with direction
regarding legal issues associated with the Lease Agreement where a public discussion of these legal matters would conflict with the
duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential
litigation.
City of Denton Page 1 of 1 Printed on 11/21/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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��������'���
File #: ID 18-2055, Version: 1
Legislation Text
AGENDA CAPTION
Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074; Consultation
with Attorneys - Under Texas Government Code Section 551.071.
Deliberate and discuss the evaluation, duties, appointment and removal of the City of Denton's primary
representative to the Denton County Transportation Authority Board of Directors. Consultation with the City's
attorneys regarding legal issues associated with the evaluation, duties, appointment and removal of the City of
Denton's primary representative to the Denton County Transportation Authority Board of Directors where
discussion of these legal matters in an open meeting would conflict with the duty of the City's attorneys to the
City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
City of Denton Page 1 of 1 Printed on 11/21/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-1881, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, Texas, a home-rule municipal corporation,
authorizing the City Manager, or his designee, to execute a contract through the Buy Board Cooperative
Purchasing Network Contract Number 524-17 for the acquisition of rifle resistant plate carriers and rifle
resistant plates for the Police Department from funds provided by the Office of the Governor through the Rifle-
Resistant Body Armor Grant Program and acquisition of single magazine pouches, medical pouches and carry
bags from funds in the Police Seizure Account; providing for the expenditure of funds therefor; and providing
an effective date (File 6932 - awarded to GT Distributors, Inc. in the one (1) year not-to-exceed amount of
$82,539).
City of Denton Page 1 of 1 Printed on 11/21/2018
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City of Denton
_ . City Ha11
�� � 5 215 E. McKinney Street
tiY
�"� �� �" Denton, Texas
www. cityo fdenton. com
DEPARTMENT:
CM:
DATE:
SUBJECT
AGENDA INFORMATION SHEET
Materials Management
Todd Hileman
November 27, 2018
Consider adoption of an ordinance of the City of Denton, Texas, a home-rule municipal corporation,
authorizing the City Manager, or his designee, to execute a contract through the Buy Board Cooperative
Purchasing Network Contract Number 524-17 for the acquisition of rifle resistant plate carriers and rifle
resistant plates for the Police Department from funds provided by the Office of the Governor through the
Rifle-Resistant Body Armor Grant Program and acquisition of single magazine pouches, medical pouches
and carry bags from funds in the Police Seizure Account; providing for the expenditure of funds therefor;
and providing an effective date (File 6932 - awarded to GT Distributors, Inc. in the one (1) year not-to-
exceed amount of $82,539).
INFORMATION /BACKGROUND
On January 9, 2018, the Denton Police Department was awarded a grant in the amount of $91,692 for the
purchase of rifle grade armor. Grant funds will be utilized to provide for the procurement of rifle resistant
vests for all sworn full-time officers within the department that do not currently have this armor due to
assignment to the department's tactical team.
After receiving Council approval for the grant, staff obtained quotes from prospective suppliers for ceramic
level4 rifle armor complaint with National Institutes of Justice 0101.06 standard as required by the grant.
The department received bids from five suppliers (Exhibit 2). Bids received over the grant amount were
not considered further due to cost. Product samples were received from four companies to examine for
product suitability.
Upon review, the staff working group, comprised of officers with experience on the department's tactical
team, selected the packaged quote offered by GT Distributors to be the best available option due to the
inclusion of items not available from other vendors including: a multi-curve level4 plate as opposed to the
single curve plates offered by other vendors, a carrier that met the department's desire to have an easily
wearable level4 plate carrier with limited bulk in the shoulder, and the inclusion of a more durable fastening
option via FS tubes as opposed to plastic side squeeze fasteners. For these reasons, this package was
determined to best meet the needs of the department for a rapidly deployable rifle vest.
Additional items listed on the packaged quote beyond the rifle plate and carrier are not available for the
grant reimbursement. These items consist of a single rifle magazine holder, a medical kit pouch and a carry
bag for the vest to aid officers during transport. Funding for the additional items will be provided through
the police seizure fund in the amount of $10,611. Pricing obtained through the Buy Board Cooperative
Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local
Government Code 271.102.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On February l, 2005, Council approved the Interlocal agreement with the Buy Board Cooperative
Purchasing Network (Ordinance 2005-034).
RECOMMENDATION
Award a contract for the purchase of one hundred sixty-two (162) rifle resistant plate carriers and three
hundred twenty-four (324) Protech 2014G level4 multi-curve rifle resistant plates funded with grant funds
received under the BG-Rifle-Resistant Body Armor Grant Program. Additionally, award a contract for the
purchase of one hundred sixty-two (162) of each of the following items: single magazine pouches, medical
pouches carry bags funded through the Police Seizure Account.
PRINCIPAL PLACE OF BUSINESS
GT Distributors, Inc.
Austin, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of these items will occur within 60 to 90 days after receipt of order.
FISCAL INFORMATION
The plate carriers and rifle plate costs in the amount of $71,928 will be funded initially from seizure account
funds that will be reimbursed from the grant fund amount of $91,692. The remaining items including all
"Police" placards, magazine pouches, medical pouches and carry bags will be funded through the police
seizure account in the amount of $10,611.
Related Key Focus Area:
Related Goal:
EXHIBITS
Safe, Liveable & Family-Friendly Community
4.1 Enhance public safety in the community
Exhibit 1: Agenda Information Sheet
Exhibit 2: Tabulation Sheet
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: David Mays at 940-349-7945.
Legal point of contact: Mack Reinwand at 940-349-8333.
E�ibit 2
File 6932 - Tabulation Sheet for Rifle-Resistant Body Armor Grant Program Vendors
Vendor: R&R Outfitters
Ptincipal Place of Business: Luikin, TX
Cooperative Conhact: No Buy Board Contract
Item Qty UOM Descripfion Unit Cost Total
5 162 EA SB 12 Leve14 Com liant Rifle Canier and Plates $ 399.00 $ 64,638.00
Single curve Leve14 plates included in kit $ - $ -
Total: $ 64,638.00
Vendor: ConlOgency
Piincipal Place of Business: Schertz, TX
Cooperative Conhact: No Buy Board Contract
Item Qty UOM Descripfion Unit Cost Total
4 162 EA SB 12 Leve14 Com liant Rifle Canier and Plates $ 425.00 $ 68,850.00
Single curve Leve14 plates included in kit $ - $ -
Total: $ 68,850.00
Vendor: GT Distributors
Ptincipal Place of Business: Austin, TX
Cooperative Conhact: Buy Board Contract # 524-17
Item Qty UOM Descripfion Unit Cost Total
2 162 EA Protech TAGPH Traditional Molle FS Tube Catrier $ 136.00 $ 22,032.00
324 EA Protech 2014 G MC (multi-curve) 1Ox12 Rifle Plates $ 154.00 $ 49,896.00
324 EA Protech Large "POLICE" ID Panel 8.Sx3 $ - $ -
Total: $ 71,928.00
Vendor: Galls
Ptincipal Place of Business: Le�ngton, KI'
Cooperative Conhact: Bay Board Contract # 507-16
Item Qty UOM Descripfion Unit Cost Total
Point Blank Active Shooter Kit (includes cairier and 2 single curve level4 rifle
1 162 ea lates and "POLICE" ID anel $ 445.00 $ 72,090.00
Total: $ 72,090.00
Vendor: RMA Armament, Inc.
Piincipal Place of Business: Centerville, IA
Cooperative Conhact: No Buy Board Contract
Item Qty UOM Descripfion Unit Cost Total
3 162 EA 1155 SBT Elite 2A kit lack $ 275.00 $ 44,550.00
324 EA 1155 Plates Sin le Cuive $ 95.00 $ 30,780.00
324 EA Police ID Panel $ $
Total: $ 75,330.00
Tabulation Sheet for Rifle-Resistant Body Armor Accessories (Non Grant Funded)
Vendor: Galls
Ptincipal Place of Business: Lexington, KY
Cooperative Conhact: Buy Board Contract # 507-16
Item Qty UOM Descripfion Unit Cost Total
1 324 EA "POLICE" ID Panel included at no cost $ $
162 EA M4 Ma azine Pouch $ 5.00 $ 810.00
162 EA Medical Pouch included at no cost $ $
162 EA Galls Tactical VestBa $ 10.00 $ 1,620.00
Total: $ 2,430.00
Vendor: GT Distributors
Ptincipal Place of Business: Austin, TX
Cooperative Conhact: Buy Board Contract # 524-17
Item Qty UOM Descripfion Unit Cost Total
2 324 EA Protech Lar e ID Panel included af no cosf $ $
162 EA Protech M4 Ma azine Pouch $ 12.50 $ 2,025.00
162 EA Protech Medic Pouch $ 21.00 $ 3,402.00
162 EA Protech Plate Rack Cany Bag $ 32.00 $ 5,184.00
Total: $ 10,611.00
Vendor: RMA Acmament, Inc.
Piincipal Place of Business: Centeiville, IZ
Cooperative Conhact: No Buy Board Conhact
Item Qty UOM Descripfion Unit Cost Total
3 324 EA "POLICE" ID Panel $ 6.00 $ 1,944.00
162 EA Condor Sin le M4 Ma azine Pouch O en To $ 10.95 $ 1,773.90
162 EA Medical Pouch with Fn�st Aid Kit $ 9725 $ 15,754.50
EA Vest Ba Item not included/not sold b vendor $ $
Shi in $ 89Z11
Total: $ 20,369.51
ORDINANCE NO.
AN ORDINANCF_, OF TI-�E CITY OF DENTON, TEXAS, A HOME-RULE MUNICIPAL
CORPORATION, AUTHORI7ING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A CONZ'RACT THROIJGH THE Bt1Y BOARD COOPER��I�IVE PURCHASING
NETWORK CONTRACT NtJMBER 524-17 FOR THI� ACQUISITION OF RIFLE
RESISTANT PLATE CARRIERS AND RIFLE RESISTANT PLATES FOR THE POLICE
DEPARTMENT FROM FUNDS PROVIDED BY TI-iF_, OFFICE OF THE GOVERNOR
THROUGH THE RIFLE-RESISTANT BODY ARMOR GIZANT PROGRAM AND
ACQUISITION OF SINGLE MAGAZINE POUCHES, MEDICAL POUCHES AND CARRY
BAGS FROM FUNDS IN THE POLICE SEIZURE ACCOUN"I,; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
6932 - AWARDED TO GT DISTRIBUTORS, INC. IN THE ONE (1) YEAR NOT-TO-
EXCEED AMOUNT OF $82,539).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the pur•chase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager, or a designated employee, has reviewed and
recommended that the herein described materials, equipment, supplies, or services can be
purchased by the City through the Buy Board Cooperative Purchasing Network programs at less
cost than the City would expend if bidding ihese items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTTON 1. The items shown in the "File Number" refereneed herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
6932 GT Dish�ibutors, Inc. $82,539
SF,CTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer• of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, speciiications, standards,
quantities and for the specified sums contained ii� the bid documents and related docutnents filed
with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced iile number wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City
Manager or his designated representative is hereby autlzorized to execute the written contrac�
which shall be attached her•eto; provided that thc w1•itten contract is in accordance with the terms,
conditions, specifications and standards contaiized in the Proposal submitted to the Buy Board
Cooperative Purchasing Network, and related docuinents het-ein approved and accepted.
SECTION 4. The City Council of the City of Denton, hereby eapressly delegates the
authority to take any actions that may be required or permitted to be performed by the Ciry of
Denton under File 6932 to the City Manager of the City of Denton, or his designee.
SECTION 5. By the acceptance and approval of the i�ems set forth in the referenced file
nuinber, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in aceordance with the approval purchase orders or pursuant to a written eontracY made pursuant
thereto as authorized herein
SECTION 6. This ordinance shall become effective imrnediately upon its passage and
approval.
The motion to approve this ordinance was made by and
seconded by , the ordinance was passed and approved by
the following vote � - ]:
Aye Nay Abstain Absent
Mayor Chi•is Watts:
Gerard Hudspeth, Distriet l:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of , 2018.
CHRIS WATTS, MAYOR
ATT�srr:
JENNIFER WALfI ERS, CITY SF,CRETARY
�
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
� -
BY: t/ i %�''�. �i�
DocuSign Envelope ID: E78C62C2-465G48D6-A4E2-48DF21A485C5
�• • • . . • ' ''
� __
FILE 6932
File Name Body ,4rmor
Purchasing Contact Suzzen stroman
City Council Target Date 11/13/2018
Piggy Back Option Yes
Contract Expiration
Ordinance
DocuSign Envelope ID: E78C62C2-4B5C-48D6-A4E2-48DF21A4B5C5
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND GT DISTRIBUTORS, INC.
(CONTRACT 6932)
THIS CONTRACT is made and entered into this date , by and
between GT Distributors, Inc., a Texas corporation, whose address is 2545 Brockton Drive,
Suite 100, Austin, TX 78758, 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:
SCOPE OF SERVICES
Supplier shall provide products and/or services in accordance with the City's document
FILE 6932 Bodv Armor, a copy of which is on file at the office of Purchasing Agent and
incorporated herein for all purposes. The Contract consists of this written agreement and the
following items which are atiached hereto and incorporated herein by reference:
(a) Contractor's Proposal (Exhibit "A");
(b) BuyBoard Contract 524-17 (Exhibit "B" on File at the Of�ce of the purchasing
agent)
(c) House Bill 89 Verification (Exhibit "C")
(d) Senate Bill 252 Certification (Exhibit "D")
(e) Form CIQ — Conflict of Interest Questionnaire (Exhibit "E")
These documents tnake up the Contract documentis 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 ihe order in which they are listed
above. These docunlents shall be referred to collectively as "Contract Documents."
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfed using electronic documents and signing. Electronic
signing of this document will be deemed an original for all legal purposes.
'I'O'I'AL CO1V'I'RAC'I' A1bdOi1l��'
The Contract shall be for one (1) year in a total not-to-exceed amount of $82,539.00. Pricing shall
be per Exhibit A attached. The quantities indicated on Exhibit A are estimates based upon available
information. The City reserves the right to increase or decrease the quantities to meet its actual
needs without any adjustments in the price. Individual purchase orders will be issued on an as
needed basis.
Contract #6932
DocuSign Envelope ID: E78C62C2-4B5C-48D6-A4E2-48DF21A465C5
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
i�i�,and business terms.
�V'� �C}obt�l, Frank Dixon
3CODA84DE4564F4...
SIGNATURE FRINTED NAME
chief of Police
TITLE
Denton Police Department
DEPARTMENT
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:_
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
DocuSigned by:
�j�,�k- �:��.,.,�d.
BY. 7F9D3288F0204E5...
Contract #6932
CONTRACTOR
DocuSigned by:
Davi d Cu rti s I'�� """ "S
B Y : �--.641AA2F0347E48A...
AUTHORIZED SIGNATURE
ii/5/2ols
Date:
David Curtis
Name:
aids Manager
Tit10:
512-775-5996
PHONE NUMBER
txbids@gtdist.com
I_ U_: _ :.//:__
david.curtis@gtdist.com
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
I� i
TODD HILEMAN
CITY MANAGER
Date:
DocuSign Envelope ID: E78C62C2-4B5G48D6-A4E2-48DF21A4B5C5
� :.::; :
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Proi��h iA��P�H iradition�l Moll� FSiub�s ,�
Dark N��yy ��rriers
�rotech 2d14G MC i4x12 �i�e PE�4�
Prot�ch Large (� F��nel �.5"x3„
D�rk f�a�y with Gray l.stt�r�.
l�rat�ch M�dic P�uch
Protech t�4 M�g Pouch Sin�l�
i�roi��� Pl�4� fZac� C�rry I3�g
��sign f�urrr��r ��1�45�
Noi�s;
�uot�tian r�flects �uyb�ard ��ntr�ci 524d17.
Con4ra�t p�riod 04l01l� i-03131 /1 S.
Fax �uy�oard P�'s io 1-�p0-219�5454� only.
,: ,. ,,�t � �, ; �, ,..,,x � ► .:.;,
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. . :: f � � � �. .
nit7J0a00 �.`�1,7g2,�
� �� �
E�ch � �136.Ot� $22,Q32.00
EA �154.0� �4�,�96.00
�A $0.00 �(3.OQ
�� $21.Qt� $3,402.ad
EP; $�42.5� $2,025.40
E� $32,0� $5,1��.Q0
�A bO.Q(3 $b.60
« ;. • ��
DocuSign Envelope ID: E78C62C2-4B5G48D6-A4E2-48DF21A4B5C5
�X�i1�Dit �
House Bill 89 - Government Code 2270
VERIFICAZ'IO1�1
oavid Curtis
I, , the undersigned
representative of G T DISTRIBUTORS, zNc Company or Business name
(hereafter referred to as companx), being an adult over the age of eighteen (18)
years of age, verify that the company named-above, under the provisions of
Subtitle F, Title 10, Government Code Chapter 2270:
l. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Co�pany, bu�iness a�- ia�divid��i �ith C�ty c� �2ento�.
Pu�suant to Section 2270.001, Texas Gove�nment Code:
1. "Boycoit Israel " fneans refusing to deal with, te�minating business activities
with, or� othe�wise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial �elations specifically with Israel, o�
with a person o� entity doing business in Israel or in an IsNaeli-controlled
te��itory, but does not include an action made foN ordinary business
pu�poses; and
2. "Company" means a for profit sole prop�ietorship, o�ganization,
association, corpoNation, partner�ship, joint ventu�e, limited paNtne�ship,
limited liability pa�tnership, oN any limited liability company, including a
wholly owned subsidiary, majo�ity-owned subsidiary, parent company o�
a�liate of those entities oN business associations that exist to make a profit.
David Curtis
Name of Company Representative (Print)
CDocuSigned by:
���. �/+/Nl�s
._._641AA2F0347E48A...
Signature of Company Representative
11/7/2018
I� . :
DocuSEgn Envelope ID: E78C62C2-485G48D6-A4E2-48DF21A465C5
Exhibit o
Senate Bi11252 -Governrr�ent Code 2252
CEIZ'TIFICA'I'IOl�T
I David Curtis
�
the undersigned
representative Of G T DISTRIBUTORS, INC
(Company or business name) being an adult over the age of eighteen (18) years of
age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and
Section 2252.153, certify that the company named above is not listed on the
website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Section 806.051, Section 807.051 or Section
2253.153. I further certify that should the above-named company enter into a
contract that is on said "listing of companies on the website of the Comptroller of
the State of Texas which do business with Iran, Sudan or any Foreign Terrorist
Organization, I will immediately notify the City of Denton's Materials
Management Department.
�avid Curtis
Name of Company Representative (Print)
CDocuSigned by:
�{� �S
...... 841 AA2P0347E4 BA...
Signature of Company Representative
11/7/2018
Date
DocuSrgn Envelope ID: E78C62C2-4B5C-48D6-A4E2-48DF21A485C5
EXhl�li E
GONFLICT 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. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingiy violates Section 176.006, Locai Government Code. An offense under this section is a
misdemeanor.
Name of vendor who has a business relationship with local governmental entity. GT Di st ri buto rs
❑ Check this box if you are filing an update to a previousiy filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7`h business
day after the date on which you became aware that the oriqinally filed questionnaire was incomplete or inaccurate.)
Name of local government officer about whom the information in this section is being disclosed.
N/A
Name of O�cer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Fonn CIQ as necessarv.
A. Is the local government off'icer named in this section receiving or likely to receive taxable income, otl�er tha�i investment income, from the vendor?
aYes � No
B. Is the vendor 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 enYity?
� 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 one percent or more?
� Yes � No
D. Describe each employment or business and family relationship with the local government officer na�ned in this section.
QI have no Confiict of Interest to disciose.
��� (�'l�S
11/7/2018
Signature of vendor doing business with the governmental entity Date
Certificate Of Completion
Enveiope Id: E78C62C24B5C48D6A4E248DF21A465C5
Subject: Please DocuSign: City Council Contract 6932 - Body Armor
Source Envelope:
Document Pages: 7 Signatures: 6
Certificate Pages: 6 Initials: 0
AutoNav: Enabied
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Centrai Time (US & Canada)
Record Tracking
Status: Originai
10/31/2018 2:25:24 PM
Signer Events
Suzzen Stroman
suzzen.stroman @cityofdento n. co m
Buyer
City of Denton
Security �evei: Email, Account Authentication
(None)
Electronic Record and Signature Disciosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
txbids
txbids@gtdist.com
Bids Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/5/2018 3:13:06 PM
i D: 3459fd 15-2df4-49b5-b111-529876f5c71 d
Frank Dixon
Frank.Dixon@cityofdenton.com
Chief of Police
Security Levei: Emaii, Account Authentication
(None)
Electronic Record and Signature Disciosure:
Accepted: 11/5/2018 3:35:22 PM
ID: b204db3f-ec40-4adb-89a9-198f176409f5
Holder: Suzzen Stroman
suuen.stroman@cityofdenton.com
Signature
�n!'�,����ia'�
Using IP Address: 129.120.6.150
CDocuSlpned by:
rn.,� ��w..��.
7F9D3288F0204E5_.
Signature Adoption: Pre-seiected Styie
Using IP Address: 129.120.6.150
s • - -•
Using IP Address: 12.161.83.98
COocu5lgned by:
�V'aan.� �/Cp�in,
3CODA84DEd584F4...
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
�� f�.•�
�56CURED
Status: Sent
Envelope Originator:
Suzzen Stroman
901 B Texas Street
Denton, TX 76209
suzzen.stroman@cityofdenton.com
IP Address: 129.120.6.150
Location: DocuSign
Timestamp
Sent: 10/31/2018 4:25:54 PM
Viewed: 10/31 /2018 4:26:04 PM
Signed: 10/31/2018 4:26:06 PM
Sent: 10/31/2018 4:26:07 PM
Viewed: 10/31/20184:35:01 PM
Signed: 10/31/2018 4:41:12 PM
Sent: 10/31/2018 4:41:14 PM
Resent: 11/5/2018 10:48:33 AM
Viewed: 11/5/2018 3:13:06 PM
Signed: 11/5/2018 3:23:47 PM
Sent: 1 1/5/201 8 3:23:49 PM
Viewed: 11/5/2018 3:35:22 PM
Signed: 11/5/2018 3:36:36 PM
Signer �vents
David Curtis
txbids@gtdist.com
Bids Manager
G T DISTRIBUTORS, INC
Security Level: Emaii, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/7/2018 11:18:09 AM
ID:4e1809c0-a8a8-4415-9e48-3466b22f31da
Tabitha Milisop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd.Hileman@cityoidenton.corn
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disciosure:
Accepted: 7/25/2017 11:02:14 AM
iD: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21
Jennifer Walters
jennifer.waiters@cityofdenton.com
Security Levei: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
in Person Signer Events
Editor Delivery Events
Agent Deiivery Evenfis
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Sherri Thurman
s h e rri. th u rm a n@ cityofd e nto n. co m
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Security Level: Emaii, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature
CDocuSiqne/tl�by��: �
aw�. i,u+'nS
B41AA2f0347E48A...
Signature Adoption: Pre-selected Style
Using IP Address: 12.161.83.98
Signature
Status
Siaius
Status
Status
Status
�,__�..� � �
T'imestamp
5ent: 11/6/2018 5:10:11 PM
Viewed: 11/7/2018 11:18:09 AM
Signed: 11/7/2018 3:33:12 PM
Sent: 11/5/2018 33638 PM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 11/5/2018 336:38 PM
Carbon Copy Events Status Timestamp
Shanika Mayo
Shanika.Mayo@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disciosure:
Not Offered via DocuSign
Notary Events , Signature Timestamp '
Envelope Summary Events Sta#us Timestamps
Envelope Sent Hashed/Encrypted 11/6/2018 5:10:11 PM
Payment Events ' Status Timestamps ;
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: txbids, Frank Dixon, David Curtis, Todd Hileman
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-1893, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for
payment by the City of Denton to the Texas Commission of Environmental Quality for waste disposal fees;
and providing an effective date (waste disposal fee in the total amount of $280,000 - The Public Utilities
Board recommends approval5-0).
City of Denton Page 1 of 1 Printed on 11/21/2018
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www.cityofdenton.com
DEPARTMENT:
ACM:
DATE:
SUBJECT
AGENDA INFORMATION SHEET
Solid Waste
Mario Canizares
November 12, 2018
Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for
payment by the City of Denton to the Texas Commission of Environmental Quality for waste disposal fees;
and providing an effective date (waste disposal fee in the total amount of $280,000 — The Public Utilities
Board recommends approval5-0).
BACKGROUND
In accordance with 30 TAC 330.675, The City of Denton Landfill is required to submit a Municipal Solid
Waste Fee Report to the Texas Commission on Environmental Quality (TCEQ) each quarter. This report
includes the amount of waste received for processing or disposal in the designated reporting period, which
the TCEQ uses to calculate the City's quarterly waste disposal fees. The fee is calculated and billed in
accordance with 30 TAC 330.673 and is currently set at a rate of $0.94 per ton. Failure to submit payment
for the required fee by the designated due dates can lead to the revocation of the City's landfill permit, which
authorizes Solid Waste to process and dispose of waste.
In FY 2017-18, the Solid Waste department disposed of 279,298 tons of waste and paid the TCEQ disposal
fees totaling $262,540.12. The amount recommended for Council approval is a not to exceed amount of
$280,000, which covers waste disposal fees starting on 9/Ol/2018 and concluding on 8/31/2019, per the
TCEQ reporting year.
RECOMMENDATION
Staff recommends approval of the TCEQ Municipal Solid Waste Fee for Fiscal Year 2019 in an
amount not-to-exceed $280,000.
PRIOR ACTION/REVIEW (,Council, Boards, Commissions�
None.
FISCAL INFORMATION
The regulatory disposal fees associated with this proposal will be funded from the Solid Waste
department's operating fund.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.3 Promote superior utility services and City facilities
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: 30 TAC 330.675
Exhibit 3: 30 TAC 330.673
Exhibit 4: Ordinance
Respectfully submitted:
Ethan Cox
Director of Solid Waste
«prev Rule Next Rule»
Texas Administrative Code
TITLE 30
1�A.IZ.'T' 1
�x�.��T��� ��a
SL1��I-iA.1�'T'E� 1�
RULE §330.675
ENVIIZONMENTAL QUALITY
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
MUNICIl'AL SOLID WASTE
FEES AND REPORTING
Reports
(a) Disposal facilities and processes.
(1) Municipal Solid Waste Fee Report frequency, report form, and report information.
(A) Report frequency. Quarterly, each disposal facility or process operator shall report to the
executive director the information requested on the report form for the appropriate reporting period
including the amount of source-separated material processed to compost or mulch product. Annually,
the operator shall submit a summary of the information to show the yearly totals and year-end status
of the facility or process, as requested on the report form, for the appropriate reporting period. An
operator shall file a separate report for each facility that has a unique permit, permit application
number, or registration number.
(B) Report form. The report shall be on a form furnished by the executive director or reproduced
from a form furnished by the executive director or by an electronic form or format furnished by the
executive director. Forms reproduced by the facility operator are not recommended because each
report form for each reporting period will have two unique numbers on each form. One number will
specifically identify the facility for which the report is made; the other number will specifically
identify the individual form. To use the wrong form, or the form intended for a different reporting
period, will automatically make the data incorrect for that facility report. The operator will receive
one form from the executive director for each facility or process prior to the due date. The operator
must assure that the data entered on the form are applicable for the particular facility and period for
which the data are reported.
(C) Report information. In addition to a statement of the amount of waste received for processing
or disposal, the report shall contain other information requested on the form, including the facility
operator's name, address, and phone number; the permit number, permit application number, or
registration number; the facility type, size, and capacity; and other information the executive director
may request.
(2) Reporting units. The amount of waste received for processing or disposal shall be reported in
short tons (2,000 pounds) or in cubic yards as received (compacted or uncompacted) at the gate. If
accounting of the waste is recorded in cubic yards, then separate accounting must be made for waste
that comes to the facility in open vehicles or without compaction, and waste that comes to the facility
in compactor vehicles. If scales are not utilized and accounting of the waste received is in cubic
yards, gallons, or drums then those volumetric units may be converted to tons for reporting purposes,
using the conversion factors set forth in subparagraphs (A) and (B) of this paragraph.
(A) General weight/volume conversion factors for various types of waste shall be as follows:
(i) one ton = 2,000 pounds;
(ii) one gallon = 7.5 pounds (grease trap waste);
(iii) one gallon = 8.5 pounds (wastewater treatment plant sludge or septage);
(iv) one gallon = 9.0 pounds (grit trap waste); and
(v) one drum = 55 gallons.
(B) Conversion factors to be used for waste transport vehicles relative to waste volume and weight
in vehicles shall be as follows:
(i) one cubic yard = 400 pounds (no compaction);
(ii) one cubic yard = 666.66 pounds (medium compaction); and
(iii) one cubic yard = 800 pounds (heavy compaction).
(3) Use of population equivalent. In determining the amount of waste deposited in a landfill serving
less than 5,000 people or the amount of waste processed for disposal at a processing facility serving
less than 5,000 people, the owner/operator may use the number of tons calculated or derived from the
population served by the facility in lieu of maintaining records of the waste deposited at the facility.
The amount of waste shall be calculated on the basis of one ton per person per year. The report shall
document the population served by the facility and reflect any changes since the previous report.
(4) Reporting units for beneficial land use application sites. Wastewater treatment plant sludge and
septage received for disposal at registered beneficial use land application sites in vacuum or closed
tank trucks may be reported in dry weight equivalent units, provided the site operator either produces
satisfactory documentation indicating the percent solids present in the received waste materials or
uses the dry weight/volume conversion factors set forth in subparagraphs (A) and (B) of this
paragraph:
(A) one gallon = 0.5 pounds (sludge - dry weight equivalent); and
(B) one gallon = 03 pounds (septage - dry weight equivalent).
(5) Report due date. The required quarterly solid waste summary report shall be submitted to the
executive director not later than 20 days following the end of the fiscal quarter for which the report is
applicable. The fiscal year begins on September l, and concludes on August 31.
(6) Method of submission. The required report shall be delivered or mailed to the agency to the
return address designated by the executive director in the billing statement distributed quarterly.
(7) Penalties. Failure of the facility or process operator to submit the required report by the due date
shall be sufficient cause for the commission to revoke the permit or registration and authorization to
process or dispose of waste. The commission may assess interest penalties for late payment of fees
and may also assess penalties (fines) in accordance with Texas Water Code, §7.051 (relating to
Administrative Penalty) or take any other action authorized by law to secure compliance.
(b) Facilities and processes not for disposal. Facilities and processes not for disposal (as defined in
§330.673(c) of this title (relating to Fees)) are subject to reporting requirements, but are not required
to pay a fee.
(1) Municipal Solid Waste Annual Summary Report frequency, report form, and report information.
(A) Report frequency. Annually, each facility or process operator shall report to the executive
director the information requested on the report form for the appropriate reporting period. An
operator shall file a separate report for each facility that has a unique permit, permit application
number, or registration number.
(B) Report form. The form of the report shall be in accordance with subsection (a)(1)(B) of this
section.
(C) Report information. The information in the report shall be in accordance with subsection (a)(1)
(C) of this section.
(2) Reporting units. The units used in reporting shall be in accordance with subsection (a)(2) of this
section.
(3) Use of population equivalent. The use of the population equivalent method of reporting waste
received or processed shall be in accordance with subsection (a)(3) of this section.
(4) Report due date. The required annual report shall be submitted to the executive director not later
than 45 days following the calendar year for which the report is applicable.
(5) Method of submission. The required report shall be delivered or mailed to the agency to the
return address designated by the executive director in the billing statement distributed quarterly.
(6) Penalties. Failure of the facility or process operator to submit the required report by the due date
shall be sufficient cause for the commission to revoke the permit or registration and authorization to
process or dispose of waste. The commission may assess interest penalties for late payment of fees
and may also assess penalties (fines) in accordance with Texas Water Code, §7.051 or take any other
action authorized by law to secure compliance.
Source Note: The provisions of this §330.675 adopted to be effective March 27, 2006, 31 TexReg
2502; amended to be effective July 31, 2014, 39 TexReg 5796
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«prev Rule Next Rule»
Texas Administrative Code
TITLE 30
1�A.IZ.'T' 1
�x�.��T��� ��a
SL1��I-iA.1�'T'E� 1�
RULE §330.673
ENVIIZONMENTAL QUALITY
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
MUNICIl'AL SOLID WASTE
FEES AND REPORTING
Fees
(a) Landfilling. Each operator of a facility in Texas that disposes of municipal solid waste (MSW) by
means of landfilling, including landfilling of incinerator ash, is required to pay a fee to the agency for
all waste received for disposal. The fee rate for waste disposed of by landfilling is dependent upon
the reporting units used.
(1) Fee rates. For purposes of this subsection, uncompacted waste means any waste that is not a
liquid or a sludge, has not been mechanically compacted by a collection vehicle, has not been driven
over by heavy equipment prior to collection, or has not been compacted subsequent or prior to
collection by any type of inechanical device other than small, in-house, compactor devices owned
and/or operated by the generator of the waste. Compacted waste is a liquid, sludge, or similar waste
or any waste that has been reduced in volume by a collection vehicle or by any other means
including, but not limited to, dewatering, composting, incineration, and similar processes.
(A) Tons. For waste reported in tons, the fee rate is $0.94 per ton received for disposal.
(B) Cubic yards (compacted). For waste reported in compacted cubic yards, the fee rate is $0.30
per cubic yard received for disposal.
(C) Cubic yards (uncompacted). For waste reported in uncompacted cubic yards, the fee rate is
$0.19 per cubic yard received for disposal.
(2) Measurement options. The volume or weight reported on the quarterly solid waste summary
report must be consistent with the volume or weight of the waste received for disposal, as defined in
§330.671(b)(1) of this title (relating to Purpose and Applicability). The volume or weight of the
waste received for disposal shall be determined prior to disposal or processing of the waste.
(A) The recommended method for measuring and reporting waste received at the gate is in short
tons. The facility operator must accurately measure and report the number of cubic yards or tons of
waste received at the gate.
(i) The fee for waste reported in short tons will be calculated by the executive director at an
amount equal to $0.94 per ton.
(ii) The fee for compacted waste reported in cubic yards will be calculated by the executive
director at an amount equal to $030 per cubic yard.
(iii) The fee for uncompacted waste reported in cubic yards will be calculated by the executive
director at an amount equal to $0.19 per cubic yard.
(B) If a landfill operator chooses to report the amount of waste received utilizing the population
equivalent method authorized in §330.675(a)(3) of this title (relating to Reports), the fee for such
waste received shall be calculated by the executive director at an amount equal to $0.94 per ton.
(3) Fee calculation. The fee shall be calculated by the executive director using information obtained
from the quarterly solid waste summary report. The total cubic yards or tonnage reported to the
executive director in the quarterly solid waste summary report shall be derived from gate tickets
(weight or volume) or invoices, except in the case of operators who are authorized to report utilizing
the population equivalent method in §330.675(a)(3) of this title, and records of recycled materials or
any other information deemed relevant by the executive director. A billing statement will be
generated quarterly by the executive director and forwarded to the applicable permittee/registrant or
a designated representative.
(4) Fee due date. All solid waste fees shall be due within 30 days of the date the payment is
requested.
(5) Method of payment. The required fee shall be submitted in the form of a check or money order
made payable to the Texas Commission on Environmental Quality and delivered or mailed to the
return address designated by the executive director in the billing statement distributed quarterly.
(6) Penalties. Failure of the landfill operator to submit the required fee payment by the due date
shall be sufficient cause for the commission to revoke the landfill permit and authorization to process
or dispose of waste. The commission may assess interest penalties for late payment of fees and may
also assess penalties (fines) in accordance with Texas Water Code, §7.051 (relating to Administrative
Penalty), or take any other action authorized by law to secure compliance.
(7) Exemptions.
(A) A fee will not be charged on solid waste resulting from a public entity's effort to protect the
public health and safety of the community from the effects of a natural or man-made disaster or from
structures that have been contributing to drug trafficking or other crimes if the disposal facility at
which that solid waste is offered for disposal has donated to a municipality, county, or other political
subdivision the cost of disposing of that waste.
(B) A fee only for the amount determined necessary to reimburse MSW regulatory activities will
be charged federal facilities. Prior to the fourth MSW billing quarter following the close of each
regular session of the Texas State Legislature, the Texas Commission on Environmental Quality's
chief financial officer will determine the percentage of the MSW disposal fee that represents
reimbursement for regulatory implementation of the state MSW program and the percentage that
represents a state tax. The percentage determination shall be reported to the MSW Permits Section
for use in determining fees owed by federal facilities. The MSW Permits Section shall grant federal
facilities a credit on their MSW fees equal to the percentage of the fee determined to be a state tax.
The credit shall be applied to each billing quarter beginning with the first billing quarter of the state
fiscal year.
(b) Incinerators and processes for disposal. Each operator of a facility that disposes of or processes
MSW for disposal by means other than landfilling is required to pay a fee to the agency for all waste
received for processing or disposal. Facilities and/or processes included in this category include, but
are not limited to, incineration; composting; application of sludge, septic tank waste, or shredded
waste to the land; and similar facilities or processes. Not included as a process for disposal is land
application of waste that has already been properly composted in one of the facilities named.
(1) Fee rates. For purposes of this subsection, uncompacted waste means any waste that is not a
liquid or a sludge, has not been mechanically compacted by a collection vehicle, has not been driven
over by heavy equipment prior to collection, or has not been compacted subsequent or prior to
collection by any type of inechanical device other than small, in-house, compactor devices owned
and/or operated by the generator of the waste. Compacted waste is a liquid, sludge, or similar waste
or any waste that has been reduced in volume by a collection vehicle or by any other means
including, but not limited to, dewatering, composting, incineration, and similar processes.
(A) Tons. For waste reported in tons, the fee rate is $0.47 per ton received.
(B) Cubic yards (compacted). For waste reported in compacted cubic yards, the fee rate is $0.15
per cubic yard received.
(C) Cubic yards (uncompacted). For waste reported in uncompacted cubic yards, the fee rate is
$0.09 and one-half cent per cubic yard received.
(2) Measurement options. The volume or weight reported on the quarterly solid waste summary
report must be consistent with the volume or weight of the waste received for disposal, as defined in
§330.671(b)(1) of this title. The volume or weight of the waste received for disposal shall be
determined prior to disposal or processing of the waste.
(A) The recommended method for measuring and reporting waste received at the gate is in short
tons. The operator must accurately measure and report the number of cubic yards or tons of waste
received.
(i) The fee for waste reported in short tons will be calculated by the executive director at an
amount equal to $0.47 per ton.
(ii) The fee for compacted waste reported in cubic yards will be calculated by the executive
director at an amount equal to $0.15 per cubic yard.
(iii) The fee for uncompacted waste reported in cubic yards will be calculated by the executive
director at an amount equal to $0.09 and one-half cent per cubic yard.
(B) If a facility operator chooses to report the amount of waste received utilizing the population
equivalent method authorized in §330.675(a)(3) of this title, the fee shall be calculated by the
executive director at an amount equal to $0.47 per ton.
(3) Fee calculation. The fee shall be calculated by the executive director using information obtained
from the quarterly solid waste summary report. The total cubic yards or tonnage reported to the
executive director in the quarterly solid waste summary report shall be derived from gate tickets
(weight or volume) or invoices, except in the case of operators who are authorized to report utilizing
the population equivalent method in §330.675(a)(3) of this title, and records of recycled materials or
any other information deemed relevant by the executive director. A billing statement will be
generated quarterly by the executive director and forwarded to the applicable permittee/registrant or
a designated representative.
(4) Fee due date. All solid waste fees shall be due within 30 days of the date the payment is
requested.
(5) Method of payment. The required fee shall be submitted in the form of a check or money order
made payable to the Texas Commission on Environmental Quality and delivered or mailed to the
return address designated by the executive director in the billing statement distributed quarterly.
(6) Penalties. Failure of the facility or process operator to submit the required fee payment by the
due date shall be sufficient cause for the commission to revoke the permit or registration and
authorization to process or dispose of waste. The commission may assess interest penalties for late
payment of fees and may also assess penalties (fines) in accordance with Texas Water Code, §7.051,
or take any other action authorized by law to secure compliance.
(7) Exemptions. A fee will not be charged on solid waste resulting from a public entity's effort to
protect the public health and safety of the community from the effects of a natural or man-made
disaster or from structures that have been contributing to drug trafficking or other crimes if the
disposal facility at which that solid waste is offered for disposal has donated to a municipality,
county, or other political subdivision the cost of disposing of that waste.
(c) Facilities and processes not for disposal. Facilities or processes not included in the scope of
subsections (a) and (b) of this section shall be considered as "facilities and processes not for
disposal." Facilities and processes not for disposal are those facilities that are permitted or registered
independently from landfill, incinerator, or disposal processing operations and include, but are not
limited to, such facilities or processes as transfer stations, shredders, balers, methane extractors, etc.
Facilities and processes not for disposal are not required to pay a fee to the agency, but are required
to submit reports.
Source Note: The provisions of this §330.673 adopted to be effective March 27, 2006, 31 TexReg
2502; amended to be effective July 31, 2014, 39 TexReg 5796
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...................................................................................................................� ............................................................................................................................
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR PAYMENT BY THE CITY TO THE TEXAS COMMISSION
OF ENVIRONMENTAL QUALITY FOR WASTE DISPOSAL FEES; AND PROVIDING AN
EFFECTIVE DATE (WASTE DISPOSAL FEE IN THE TOTAL AMOUNT OF $280,000).
WHEREAS, to comply with the landfill permit requirements the City of Denton is required
to pay such fees imposed by the Texas Commission of Environmental Quality (TCEQ) ; and
WHEREAS, the City Manager has reviewed and recommended that the City Council
approve and authorize the payment of such; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the expenditure of funds in the amount of $280,000 to be paid to
TCEQ in the sgecified amount shown on Exhibit "1 ", which is attached to and made a part of this
ordinance for all puiposes is hereby authorized.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
The motion to approve this ordinance was made by and
seconded by , the ordinance was passed and approved by
the following vote � - � :
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
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DEPARTMENT:
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DATE:
SUBJECT
EXHIBIT "1"
City of Denton
AGENDA INFORMATION SHEET
Solid Waste
Mario Canizares
November 12, 2018
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Consider recommending adoption of an ordinance of the City of Denton, Texas authorizing the expenditure
of funds for payment by the City of Denton to Texas Commission of Environmental Quality (TCEQ) for
waste disposal fees; and providing an effective date (waste disposal fee in the total amount of $280,000).
:�� '1 1
In accordance with 30 TAC 330.675, The City of Denton Landfill is required to submit a Municipal Solid
Waste Fee Report to the Texas Commission on Environmental Quality (TCEQ) each quarter. This report
includes the amount of waste received for processing or disposal in the designated reporting period, which
the TCEQ uses to calculate the City's quarterly waste disposal fees. The fee is calculated and billed in
accordance with 30 TAC 330.673 and is currently set at a rate of $0.94 per ton. Failure to submit payment
for the required fee by the designated due dates can lead to the revocation of the City's landfill permit, which
authorizes Solid Waste to process and dispose of waste.
In FY 2017-18, the Solid Waste department disposed of 279,298 tons of waste and paid the TCEQ disposal
fees totaling $262,54012. The amount recommended for Council approval is a not to exceed amount of
$280,000, which covers waste disposal fees starting on 9/Ol/2018 and concluding on 8/31/2019, per the
TCEQ reporting year.
RECOMMENDATION
Staff recommends approval of the TCEQ Municipal Solid Waste Fee for Fiscal Year 2019 in an
amount not-to-exceed $280,000.
PRIOR ACTION/REVIEW (,Council. Boards. Commissions�
None.
FISCAL INFORMATION
The regulatory disposal fees associated with this proposal will be funded from the Solid Waste
department's operating fund.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.3 Promote superior utility services and City facilities
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: 30 TAC 330.675
Exhibit 3: 30 TAC 330.673
Exhibit 4: Ordinance
Respectfully submitted:
Ethan Cox
Director of Solid Waste
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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��������'���
Legislation Text
File #: ID 18-1899, Version: 1
AGENDA CAPTION
Consider approval of a resolution of the City of Denton, authorizing the City Manager, or his designee, to
execute an application for the Urban Area Security Initiative Grant on behalf of City of Denton Fire Emergency
Medical Services Rescue Task Force; authorizing the City Manager, or his designee, to accept said grant funds
in the amount of $100,000.00 from the State Homeland Security Program through the State of Texas Office of
the Governor for the period of November 2018 to August 2019; and providing an effective date.
City of Denton Page 1 of 1 Printed on 11/21/2018
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������'�����^��'�� Denton, Texas
www.cityofdenton.com
DEPARTMENT: Fire
CM:
DATE:
AGENDA INFORMATION SHEET
Todd Hileman
November 27, 2018
SUBJECT
Consider approval of a resolution by the City of Denton, Authorizing the City Manager, or his designee to
execute an application for the Urban Area Security Initiative Grant on behalf of City of Denton Fire
Emergency Medical Services Rescue Task Force; Authorizing the City Manager, or his designee to accept
said grant funds in the amount of $100,000.00 from The State Homeland Security Program through the
State of Texas Office of the Governor for the period of November 2018 to August 2019; and providing an
effective date.
BACKGROUND
The Denton Fire Department finds it in the best interest of the citizens of the City of Denton to promote the
Fire EMS Rescue Task Force, where paramedics work with the Police Department to deliver immediate
medical intervention for readily treatable injuries, like severe bleeding and airway compromise, which
stabilizes victims for evacuation to definitive care. The Fire Department began development of the program
in December 2017. Once tactical equipment is received, all paramedics will begin training for active shooter
situations and other terrorist incidents.
The Urban Area Security Initiative Grant Program provides financial assistance to address the unique
planning, equipment, training, and exercise needs of high-threat, high-density urban areas, and to assist
them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or
acts of terrorism to the metropolitan counties of Collin, Dallas, Denton, and Tarrant. The funding of
$100,000.00 will be used to purchase protective equipment for all Fire Department Paramedics including
ballistic vests, helmets, and combat treatment kits.
The Urban Area Security Initiative receives funding through the State Homeland Security Program which
is appropriated by the Department of Homeland Security and is designed to enhance the ability of local
governments to prevent, protect against, respond to, and recover from terrorist attacks and other disasters.
The State of Texas Office of the Governor allocates funding to designated Council of Government regions.
The City of Denton has participated in this program since 2002 as a member of the North Central Texas
Council of Governments and the Regional Emergency Preparedness Advisory Committee. The City
Manager acts as the "Authorized Official" for this program. The State of Texas Office of the Governor
requires a resolution be passed by any jurisdiction receiving grant funds, and this specific project has been
pre-authorized by the State of Texas Office of the Governor pending final approval upon passage of the
resolution.
RECOMMENDATION
Staff recommends approval.
ESTIMATED SCHEDULE OF PROJECT
The State deadline for the completion of the project is 8/31/2019.
FISCAL INFORMATION
The grant award for this proj ect is $100,000, requiring no local match.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
Safe, Liveable & Family-Friendly Community
4.1 Enhance public safety in the community
Exhibit 1 Agenda Information Sheet
Exhibit 2 Resolution
Respectfully submitted:
Kenneth Hedges
Fire Chief
Prepared by:
Timothy Ryan
Deputy Fire Marshal
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C'EI��I�; W�"l",1"�, M�`r�(JI�
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
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Legislation Text
File #: ID 18-1903, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton prohibiting eastbound right turn movement at the
signalized intersection of FM 2499 and Robinson Road where the eastbound traffic is facing a red signal light;
providing a repealer clause; providing a savings clause; providing for penalty not to exceed $500 for violations
of this ordinance; providing that violations of this Ordinance shall be governed by Chapter 18 of the Code of
Ordinances of the City of Denton; and providing for an effective date. Traffic Safety Commission recommends
approval4-0.
City of Denton Page 1 of 1 Printed on 11/21/2018
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City of Denton
_ . City Ha11
�� � 5 215 E. McKinney Street
tiY
�� �� �" Denton, Texas
www. cityo fdenton. com
DEPARTMENT:
AGENDA INFORMATION SHEET
Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: November 27, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton prohibiting eastbound right turn movement at the
signalized intersection of FM 2499 and Robinson Road where the eastbound traffic is facing a red signal
light; providing a repealer clause; providing a savings clause; providing for penalty not to exceed $500 for
violations of this ordinance; providing that violations of this Ordinance shall be governed by Chapter 18 of
the Code of Ordinances of the City of Denton; and providing for an effective date. Traffic Safety
Commission recommends approval4-0.
BACKGROUND
Recently, Texas Department of Transportation (TxDOT) completed the construction of FM 2499 from FM
2181 to I-35 E. FM 2499 was constructed as a six lane divided facility with signalized intersections at
Unicorn Lakes Boulevard, State School Road and Robinson Road. As FM 2499 is a major thoroughfare
that passes through residential neighborhoods, sound walls were constructed to reduce noise impact to well
established communities along this stretch. Additionally, FM 2499 has several horizontal and vertical
curves between I-35E and FM 2181. Given the road geometry and the sound walls, drivers traveling along
cross streets such as Robinson Road do not have a clear line of sight when they arrive at FM 2499. Motorists
tra�eling in the eastbound direction cannot see vehicles traveling in the southbound direction along FM
2499 when they are waiting at the signal. As such, it is unsafe to make right turns from eastbound Robinson
Road to southbound FM 2499 during red phase for Robinson Road. Hence, staff recommends restricting
right-turn on red in the eastbound direction on Robinson Road at FM 2499.
OPTIONS
l. Approve restricting eastbound right-turn on red on Robinson Road at FM 2499.
2. Reject restricting eastbound right-turn on red on Robinson Road at FM 2499.
RECOMMENDATION
Staff recommends Option l, approve restricting eastbound right-turn on red on Robinson Road at FM 2499
FISCAL INFORMATION
The total cost for implementing the right turn restriction is $500 which will be covered through the annual
operating traffic budget.
SCHEDULE
If approved, traffic operations staff can install signage and marking in the next three weeks
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 4.1 Enhance public safety in the community
EXHIBITS
1. Agenda Information Sheet
2. Location Map
3. Street View — Pictures
4. Ordinance
Respectfully submitted:
Pritam Deshmukh, P.E.
City Traffic Engineer
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S:ALegal\Our pocuments\Ordinances\18\Transp - Restrict Right Turn on I2obinson - TL rev cle�n.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON PROHIBITING F,ASTBOUND RIGF-iT 7'URN
MOVEMENT AT �I'HE SIGNALIIED INTERSECTION OF FM 2499 AND ROBINSON
ROAD WI-IERE TI-�L EASTBOUND TRAFFIC IS FACING A RED SIC'INAL LIGHT;
PROVIDING A REIZEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PENALTY NOT TO EXCF,ED $500 FOR VIOLATIONS OF THIS ORDINANC�;
PROVIDING TIIAT VIOLA"lIONS OF THIS ORDINANCE SHALL BE GOVERNED BY
CI-lAP"I'ER 18 OF TIiE CODE OF ORDINANCES OF THE CITY OF DENTON; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation recently completed improvements
to FM 2499; and
WHEREAS, recent improvements include sound walls which impair visibility at certain
signalized intersections; and
WHF_,REAS, it would be in the interest of public health and safety to restrict right turns
during a red traffic light for eastbound trafiic on Robinson Road at FM 2499; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L The fndings and recitations contaiiled in the preatnble of this ordinance are
incorporated herein by reference.
SECTION 2. When signs and/or marking, or any combination thereof, are in place
giving notice thereof, no person traveling in the eastbound direction along Robinson Road shall
turn right on red at the signalized intersection of FM 2499 and Robinson Road.
SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force
and effect.
SECTION 4. If any section, subsection, paragraph, sentence, cause, phrase, or word in
this oi•dinance or a�plication thereof to any peison 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 CitS� Cotmcil of the City of Denton hereby declares it would have enacted
such remaining portions despite any invalidity.
SECTION 5. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, senteilces, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 6. Any person found liable of violating this Ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500). Each
instance �hat a provision of this ordinance is violated shall constitute a separate offense. Z��he
disposition of citations issued pursuant to this Ordinance shall be governed by Section 18-12 of
Chapter 18 of the Code of Ordinance.
SECTION 7. This oi•dinance, providing for a penalty, shall become effective 14 days
from the da�e of its passage, and the Ciiy Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, the newspaper of the City of
Denton, within 10 days of the date of its passage.
The motion to approve this ordii�ance was made by and
seconded by . The ordinance was passed and approved by
the following vote � - �
� NaX Abstain Absent
Clu•is Watts, Mayor:
Gerard HudspeCh, District 1:
Keely G. Briggs, District 2:
Don Duff, Distric� 3
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of , 2018.
CHRIS WATTS, MAYOR
ATri'EST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM: ��.__
AARON L�AL. CITY T EY
�3y:
2
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
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File #: ID 18-1913, Version: 1
Legislation Text
AGENDA CAPTION
Consider approval of a resolution of the City of Denton, specifying its intent to designate a location at the
Denton Enterprise Airport for the siting of a future fire station; updating the Airport Layout Plan; and providing
an effective date. The Council Airport Committee recommends 2-0 and the Airport Advisory Board
recommends 6-0.
City of Denton Page 1 of 1 Printed on 11/21/2018
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City of Denton
_ c�� x�
� � �t;pr � 215 E. McKimley Street
�� ������ � Denton, Texas
www.cityofdenton.com
DEPARTMENT:
CM/ DCM/ ACM:
DATE:
AGENDA INFORMATION SHEET
Transportation
Bryan Langley
November 27, 2018
SUBJECT
Consider approval of a resolution of the City of Denton, specifying its intent to designate a location at
the Denton Enterprise Airport for the siting of a future fire station; updating the Airport Layout Plan; and
providing an effective date. The Council Airport Committee recommends 2-0 and the Airport Advisory
Board recommends 6-0.
BACKGROUND
The 2015 Airport Master Plan identified a location for an Airport Fire Station at the west end of Schweizer
Street on the Airport Layout Plan (Exhibit 2) generally located at the south end of the Airport. This location
was intended to be an airport only fire station and was not for emergency response to the adj acent industrial
area. Airport Staff was approached by Fire Administration regarding a different location in the vicinity of
the Airport Terminal Building. This new location was determined by Fire Administration to be more
advantageous in meeting response time requirements to both airport emergencies and to the adjacent
industrial area. Airport staff has been coordinating with Fire Administration on consolidating the facility
footprint, resulting in the Proposed Airport Fire Station Conceptual Plan (Exhibit 3). The conceptual plan
includes a two-story structure and incorporates vehicle parking needs by expanding the existing Terminal
Building parking area. These design elements assist in ensuring valuable aviation related land remains
available in the terminal area for future aviation-related development.
STAFF RECOMMENDATION
Airport Staff and Fire Administration recommends approval of the Resolution (Exhibit 4).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Council Airport Committee recommended designating a location in the Terminal area for a future Airport
Fire Station via resolution and updating the Airport Layout Plan to reflect this proposed site. Approval2-0
on April 13, 2018
Airport Advisory Board recommended designating a location in the Terminal area for a future Airport
Fire Station via resolution and updating the Airport Layout Plan to reflect this proposed site. Approval 6-0
on February 14, 2018
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
1. Agenda Information Sheet
2. Airport Layout Plan
3. Airport Fire Station Conceptual Plan
4. Resolution
Respectfully submitted:
Scott Gray
Airport Manager
Kenneth Hedges
Chief, Denton Fire Department
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NOT FOR
REGULATORY
APPROVAL,
PERMITTING OR
CONSTRUCTION
DENTON ENTERPRISE AIRPORT
FIRE STATION
5000 AIRPORT RD DENTON, TEXAS
KI RKPATRICK AR�H ITECTU RE STU DIO
100 WesTMulberty 940/387.8182}el
Danton , Texas 940/383.0262fmc
7 6 2 0 1 www.k-0-zludfo.com
�arE: 01/11/2018
REFER T0: N/A
issue: N/A
SHEET N0.
SCHEME 08
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�;I?C'T'ION 1. �I'hc recitations of tl�is r�solutic>n arc� inco�i�orat�cl intc� this r�solution as if
set aut Fu11y herein.
SI,;C"�l'IC3N� 2. "],h� C:ity �i I��ni��n de,si�;9�at�s �th� 1<�ca�i�7n as dc���icted <7��� th� attiachc�d
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E;nterpz�ise �ir�ort Lay��ut I'lan tr� rcIl�;ct the pro�os�d fire; static7n locatiic>n and tic> s�.ibmit the
revised Airpar9: I,ayout 1'lan ta the Aviatioi� I7ivisic7n o[� tlae 'Cexas Iacpartmez�t of I'ranspartation
iar appraval.
�EC�I']UN 4. I"his Rcsoluti<�n �hall ��c�m� e;fFec,tive im�necliately u�7c�n its ��ssa�;�. and
appraval.
'I'hc m<�tion to approve; this Resolutian was made; bY _�._..��_._._...._._.�.� �.._�____�____......_.__._�_�_.____ ................_ anc�
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John Ryan, I�istz•ict 4:
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City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-1914, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, authorizing the City Manager, or his designee, to
execute an amended Memorandum of Understanding with the United States Department of Justice for
participation in the Federal Equitable Sharing Program for Fiscal year 2019; and providing an effective date.
City of Denton Page 1 of 1 Printed on 11/21/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City of Denton
- � City Hall
"'�'� III�III�III�III�III�III�III�III� 215 E. McKinney Street
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� �� �� Denton, Texas
www.cityofdenton.com
DEPARTMENT:
AGENDA INFORMATION SHEET
Denton Police Department
CM/ DCM/ ACM: Todd Hileman
DATE: November 27, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, authorizing the City Manager, or his designee, to
execute an amended Memorandum of Understanding with the United States Department of Justice for
participation in the Federal Equitable Sharing Program for Fiscal year 2019; and providing an effective
date.
BACKGROUND
The Denton Police Department is routinely asked to participate in various federal and state law enforcement
investigation task forces and receives an "Equitable Share" based upon their contribution. Each task force
investigation is usually confidential and the officers assigned are generally undercover. Participating
agencies, as part of the Equitable Sharing Agreement, are required to account separately for federal
equitable sharing funds received. The approved percentage is contingent upon the availability of federal
and state funds as well as direct participation of DPD officers and other resources committed. The forfeiture
dispositions are shared among participating agencies and vary for each seizure. DPD is one of many local
participating law enforcement agencies awarded funds from federal and state asset forfeitures.
Each task force agreement specifies the nature, time period and maximum amount received the City may
receive and must be signed by an authorized official of the City. Approval of this item will insure all
equitable sharing funds are authorized to be deposited. The purpose of this agenda item is to create an
improved tracking and monitoring system pertaining to all task force related activities.
RECOMMENDATION
Staff recommends approval of this resolution.
ESTIMATED SCHEDULE OF PROJECT
October 1, 2018 through September 30, 2019.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
An error was identified in the name of the task force in which a Denton Police Officer would be assigned,
and the agreement has been amended to reflect the correct task force (i.e. DEA Enforcement Group 1 instead
of North Texas Strike Force). The original Memorandum of Understanding went to City Council on
September 18, 2018.
FISCAL INFORMATION
Allocated funds received from the Federal Equitable Sharing Program will be deposited in the Police
Confiscated Fund 3090.5930.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.1 Enhance public safety
EXHIBITS
Exhibit 1— Agenda Information Sheet Amended Federal Equitable Sharing Program
Exhibit 2— Ordinance Amended Federal Equitable Sharing Program
Exhibit 3— Agreement Amended Federal Equitable Sharing Program
Respectfully submitted:
Frank Dixon
Chief of Police
Prepared by:
Shanika Mayo
Administration Manager
S:\Legal\Our pocuments\Ordinances\18\Dept. ofJustice -Equitable Sharing Program.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE; TO EXECUTE AN AMENDED MEMORANDUM OF UNDERSTANDING
WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR PARTICIPATION IN THE
FEDERAL EQUITABLE SHARING PROGRAM FOR FISCAL YEAR 2019; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton authorized the City Manager, or his
designee, to enter into a Memorandum of Undetstanding ("Agreement") with the United States
Department of Justice for participation in the Federal Equitable Sharing Program for fiscal year
2019 (Ordinance No. 18-1449); and
WHEREAS, the City Manager executed said Agreement with the United States
Department of Justice on September 20, 2018; and
WHEREAS, the Agreement executed by the City Manager included an identification of
the wrong task force in which a Denton Police Officer would be assigned, and the Agreement
has been amended to reflect the correct task force (i.e. DEA Enforcement Group 1 instead of
North Texas Strike Force); and
WHEREAS, the City and the United States Department of Justice mutually desire to
amend the Memorandum of Understanding to identify the appropriate task force; and
WHEREAS, the City Council finds that the Amendment to the Memorandum of
Understanding is in the public's best interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
attached amended Memorandum of Understanding with the United States Department of Justice
and to take any additional action in connection with the amended Memorandum of
Understanding that the City Manager, or his designee, deems necessary or appropriate to fulfill
the intent and purpose of said agreement.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this Ordinance, or the application thereof to any person or under any 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 hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
Page 1
The motion to approve this Ordinance was made by and
seconded by . The Ordinance was passed and approved by
the following vote � - � :
Aye 1�1ay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff. District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of , 2018.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
IC
CHRIS WATTS, MAYOR
AMENDED
FY 2019 Asset Forfeiture Sharing Agreement
Enforcement Group 1/Denton Police Department
The Federal, state and local members (the "Participants"), of the DEA Enforcement Group l, hereby
agree to the following terms and conditions of this Memorandum of Understanding ("MOU")
governing the Task Force's equitable sharing requests and participation in the United States
Department of Justice ("DOJ") Equitable Sharing Program:
The following are the Task Force Participants and their contribution to the Task Force:
Denton PD/One (1) Task Force Officer assigned to the Task Force
Lewisville PD/One (1) Task Force Officer assigned to the Task Force
Rowlett PD/One (1) Task Force Officer assigned to the Task Force
McKinney PD/One (1) Task Force Officer assigned to the Task Force
Participants acknowledge that equitable sharing is at the discretion of the Attorney General and not
guaranteed in any case. Participants acknowledge that sharing will not be award in a case if victims
have not been fully compensated. State, local or federal government entities can be considered
victims.
Sharing percentages shall be based upon the following formula:
Agencies with one or more full time deputized TFOs assigned to the Task Force will receive a pro rata
share of the maximum amount available for sharing, based on the number of TFOs assigned as of the
date of the seizure.
The maximum amount available for sharing is currently 80 percent of the asset value minus expenses
related to the seizure, and minus any percentages allotted for agencies not a party or recently added to
this Sharing Agreement who have also participated quantitatively or qualitatively in the asset seizure.
Sharing is not automatically 80 percent. The actual amount to be shared among the participating
agencies may be impacted by numerous factors.
Participants understand that if a non-MOU member receives an equitable share based upon their
contribution, then the MOU Participants' shares shall be reduced proportionately (e.g., if non-MOU
agency receives 10% based upon their contribution, then the MOU Participants' percentages shall be
based upon 90% of the maximum amount available for sharing).
Participants further understand that additional adjustments may be necessary so to ensure that DEA
(DOJ) receives a minimum of 20%.
Participants further understand that the federal decision-makers on each equitable sharing request
retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in
each case.
The addition and/or departure of Participant agencies and personnel shall not require renewal of this
Sharing Agreement. Rather, the sharing percentages shall continue to reflect the pro rata contributions
of any and all agencies which participated in a seizure pursuant to this Sharing Agreement.
This Sharing Agreement shall remain in force upon the addition or departure of law enforcement
agencies in the DEA Enforcement Group l. This agreement shall be reviewed annually at the time
each agency completes the State and Local Task Force Agreement with DEA for the coming Fiscal
Year. Termination shall be by mutual consent in writing by all Task Force Participants or by the
withdrawal of DEA (the latter upon 30 days advance written notice to all current Task Force
Participants).
Clyde E. Shelley, Jr.
Special Agent in Charge
Dallas Field Division
Todd Hileman
City Manager
Date
Date
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
��������'���
File #: ID 18-1991, Version: 1
Legislation Text
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing
the City Manager to execute a contract for Traffic Signal Maintenance Services for the City of Denton with
Bean Electrical, Inc.; providing for the expenditure of funds therefor; and providing an effective date (IFB 6897
-awarded to Bean Electrical, Inc. in the three (3) year not-to-exceed amount of $900,000).
City of Denton Page 1 of 1 Printed on 11/21/2018
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City of Denton
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www. cityo fdenton. com
DEPARTMENT:
CM:
DATE:
SUBJECT
AGENDA INFORMATION SHEET
Materials Management
Todd Hileman
November 27, 2018
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract for Traffic Signal Maintenance Services for the City of
Denton with Bean Electrical, Inc.; providing for the expenditure of funds therefor; and providing an
effective date (IFB 6897—awarded to Bean Electrical, Inc. in the three (3) year not-to-exceed amount of
$900,000).
BID INFORMATION /BACKGROUND
This item is for the installation of traffic signal intersections within the City of Denton over a three (3) year
time period. This essential service will be used in lieu of purchasing the heavy equipment, personnel,
materials, and concrete services necessary to install traffic signals due to storm damages and other
catastrophic events, when in need of major repairs, and when new installations are time sensitive and critical
for public safety. Traffic signal installations that are not a part of this contract, can be processed through
other individual or bundled solicitations for planned capital projects.
Invitation for Bids was sent to 38 prospective suppliers of this item. In addition, specifications were placed
on the Materials Management website for prospective suppliers to download and advertised in the local
newspaper. Two (2) bids were received. The lowest bid was received by Bean Electric, Inc. Staff is not
aware of any local vendors that perform this type of construction.
RECOMMENDATION
Award a contract with Bean Electric, Inc., for traffic signal installation services in a three (3) year not-to-
exceed amount of $900,000 and authorize staff to proceed with right-of-way acquisition and construction
of the proj ect.
PRINCIPAL PLACE OF BUSINESS
Bean Electrical, Inc.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
This is a three (3) year contract.
FISCAL INFORMATION
These services will be funded from Traffic Operation's outside contractor services budget, state or local
reimbursement agreements, or Capital Improvement Projects from the appropriate project account at the
time the installation occurs.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
Public Infrastructure
2.2 Enhance connectivity and seek solutions to improve mobility
Exhibit 1: Agenda Information Sheet
Exhibit 2: Bid Tabulation
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Pritam Deshmukh at 940-349-7710.
Legal point of contact: Mack Reinwand at 940-349-8333.
Exhibit 2
IFB 6897 - Bid Tabalation for Maintenance of Traffic Si�nals
Additional Services
Esf.
Ifem Annual UOM ProducfDescripfion Descripfion2
164 400 Hourly Con[racror Services Price Per Hour wi[h Aerial'IYuck This includes aerial &�ound services
165 1600 Hourly Con[racror Services Price Per Hour for span wire in[ersecfions '1'his includes aerial, �round, und span pole
ins[ellafionhcmoval services.
166 1600 Hourly Con[racror Services Price Per Hour for mas[ arm pole in[ersecfions �is includes aerial, �round, und mas[ arm
pole ins[ellafionhcmoval services.
167 N/A % Mobilizafion Percen[ of ro[el pwchase order amoun[
(Smaller n�o'ects)
168 2 Ea Mobilizafion er In[ersufion For com le[e in[ersufion builds
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DEN1'ON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTI�ORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
FOR TRAFPIC SIGNAL MAINTENANCE SERVICES FOR THE CI1'Y OF DENTON WITH
BEAN ELECTRICAL, INC.; PROVIDING POR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (IFB 6897—AWARDED TO BEAN
ELECTRICAL, INC. IN TI-�IE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $900,000).
WHEREAS, the City has solicited, received, and tabulated competitive bids for the
purchase of necessary materials, equipment, supplies, or services in accordance with the
procedures of State law and City otdinances; and
WHEREAS, the City Manager, or a designated employee, has reviewed and
recommended that the herein described bids ai•e the lowest responsible bids for the materials,
equipment, supplies, or services as shown in the "Bid Proposals" submitted therefore; 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 TH� CITY OF DENTON HEREBY ORDAINS:
SECTION l. The following competitive bids for the materials, equipment, supplies, or
services, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file
in the Off ce 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 VENDOR AMOUNT
6897 Bean Electrical, Inc. $900,000
SF_,CTION 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 such items and
agrees to purehase the materials, equipment, supplies, or services in accordance with the ter�ins,
specifications, standards, quantities and for the specif ed sums eontained in the Bid Invitations,
Bid Proposals; and related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal
written agreeinent as a result of the acceptance, approval, and awarding of the bids, the City
Manager, or his designated representative, is hereby authorized to execute a written contract ii1
accordance with the terms, conditions, specifications, standards, quantities and specified sun�s
contained in the Bid Proposal and related docurnents and to extend that contract as determined to
be advantageous to the City of Denton.
SECTION 4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions th�t may be required or permitted to be performed by the City of
Denton under IFB 6897 to the City Manager, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 6. �I'his ordinance shall becoine effective iinmediately upon its passage and
approval.
The motion to approve this ordinance was made by and
seconded by .�I he ordinance was passed and approved
by the following vote [_ - �:
Aye Nay Abstain Absent
Mayor Chris Waris:
Gerard Hudspeth, District l:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of , 2018.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS �I,O LEGAL FORM:
AARON LEAL, CITY ATTORN�Y
BY: �- �.��'� i
DocuSign Envelope ID: 1 EAA4191-48E7-43AGB2D3-907F8328AC9B
� �� �� ����hr
� ����� ����'����
� �������� K�<�
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Docusign City Council Transmittal Coversheet
IFB 6897
File Name Traffic Signal Maintenance
Purchasing Contact 7amie Cogdell
City Council Target Date �ecember 4, zols
Piggy Back Option Yes
Contract Expiration
Ordinance
DocuSign Envelope ID: 1EAA4191-48E7-43AC-B2D3-907F8328AC9B
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND BEAN ELECTRICAL, INC.
(CONTRAC7' 6897)
THIS CONTRACT is made and entered into this date , by and
betweeil Bean Electrical Inc, a Texas corporation, whose address is 821 E. Enon, Fort Worfh,
Texas 76140, hereinaffer referred to as "Contractor," and the CITY OF DENTON, TEXAS, a
hoine rule municipal corporation, hereinafter refei-�-ed to as "City," to be effective upon approval
of the Deilton City Couucil and subsequent execution of this Contract by the Dei�tou City Manager
or his duly authorized designee.
For and in consideration of the covenants aild agreements contained het-ein, and for the
mutual benefiCs fo be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products and/or services in accordance with the City's document
IFB #6897, a copy of which is on file at the office of Purchasing Agenf and incorporated herein
for all purposes. The Contract consists of this written agreement and the following items wl�ich
are attached hereto and incorporated herein by reference:
(a) Special Terrns and Coilditions (Exhibit "A");
(b) City of Denton's IFB 6897 (Exhibit "B" on File at the Office of the Purchasing
Agent);
(c) City of Denton Standard Teims and Conditions (Exhibit "C");
(d) Insurance Requirements (Exhibit "D");
(e) Certificate of Interested P�rties Electronic Filing (Exhibit "E");
(�� Contractor's Proposal (Exhibit "F");
(g) House Bill 89 Verification (Exhibit "G")
(h) Senate Bill 252 Certificatioi7 (Exhibit "H")
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 docurnents, the inconsistency or conflict shall be resolved by giviug precedence
�rst to Che �vritten agreeinent theil to the contract docuinents in the order in which they are listed
above. These documents shall be referred to collectively as "Contract Documents."
The parties agree to transact business electronically. Any statutory require�nents that certain terilis
bc in writing will be satisfied using electronic documei�ts and signing. El�cti-oi�ic signing of this
document will be deemed an original for all legal purposes.
Contract # 6597
DocuSign Envelope ID: 1EAA4191-48E7-43AC-B2D3-907F8328AC9B
IN WITNESS WIIEREOF, the parties of these presents have executed this agreement in
the yeai• and day first above written.
THIS AGREEMENT HAS BEEN
BOTH REVI�WED AND APPROVED
as to financial and operational obligations
and business terms.
DocuSigned by:
/ , ��L���odd Estes
/N
SIGNA PRINTED NAME
Director/City Engineer
TITLE
Capital Projects
DEPARTMENT
ATT�ST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON L�AL, CITY ATTORNEY
DocuSigned by:
M,� ��w,��.
BY:
Contract #i 6897
CONTRACTOR
DocuSigned by:
�b� �t,aL�, ��
BY:
AUTHORIZED SIGNATURE
11/1/2018
Date:
Printed Narne: Roy gean zz
Title: President
8175617400
PHONE NUMBER
cbean@beanelectrical.com
EMAIL ADDRESS
2018-420143
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
:
TODD HILEMAN
CITY MANAGER
Date:
DocuSign Envelope ID: 1EAA4191-48E7-43AC-B2D3-907F8328AC9B
Exhibit A
Special Terms and Conditions
l. 'Total Contract Amount
The contract to�al for services shall not exceed $900,000. Pricing shall be per Exhibit F attached.
2. Confract Terms
The contract term will be three (3) years, effeetive froin date of award or notice Co proceed as
detei•mined by the City of Denton Purchasing Department.
The contract shall cominence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council. At the sole option of
the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6)
months.
3. Price Escalation and De-escalation
The City will implement an escalatiot�/de-escalation price adjustment amzually. Tl�e escalation/de-
escalation will be based upon inanufacturer published pricing sheets to the vendor. The price will
be i�Icreased or decreased based upon the annual percentage cl�ange in the n�anufacturer's price
list. The price adjustment will be detet-�nined annually from the award date. Should the change
exceed or decrease a miniinum threshold value of+/-1%, then the stated eligible bid prices sl�all
be adjusted in accordance with the published price change. It is the supplier or the Cities
responsibility to request a price adjustment annually in writing. If no request is made, then it will
be assumed that the bid price will be in effect. The supplier must submit or make available the
manufacturers pricin� sheet used to calculate the bid proposal, to participate in the
escalation/de-escalation clause.
Contract # 6897
DocuSign Envelope ID: 1EAA4191-48E7-43AC-B2D3-907F8328AC9B
Exhibit C
Standard Purchase Terms and Conditions
These stat�dard Ternls and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton's contract are applicable to
contracts/purchase orders issued by the City of Denton hereinaf'ter referred to as Che City or Buyer
atid the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations inust
be in writing and sig�ned by a representative of the City's Procureinent Department and the
Supplier. No Tel-�i�s and Conditions contained in the seller's proposal response, invoice or
statement shall serve to modify the tei7ns set forth herein. If there is a conflict between the
provisions on the face of the contt�act/purchase order these written provisions will talce precedence.
The Contractor agrees tl�at the contract shall be governed by the following tei7ns ai7d conditiorls,
unless exceptions �re duly noted and fully negotiated. Unless oCherwise specified in tlle contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City's preinises or oi1 public rights-of-way.
1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with
the terms, coveuants, and conditioiis of the Contract and all a�plicable Federal, State, and local
la�vs, rules, and regulations.
2. EFFECTNE DATE/TERM. Unless otlierwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall eontinue in effect until all
obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Speci�cations or Supplemental Terins and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The ConCraetor's naine and address, (b) thc City's name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container nurnber and total number of containers, e.g. box 1 of 4 boxes, and (d) t11e
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to confoi-m to all
the requirements of conlinou carriers ai�d any applicable specification. The City`s eount or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a teilder of
deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
Contract # 6897
DocuSign Envelope ID: 1EAA4191-48E7-43AC-B2D3-907F8328AC9B
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables sliall be
shipped F.O.B, poinC of delivery unless otherwise specified in the Supplemental Tcrn1s and
Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the d�livet-ables. The place of delivery shall be that set forth
the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, inclt�ding, but not limited to the Unifor-�n Commercial Code, to inspect the deliverables at
delivet-y before acceptiing theln, and to reject defective or non-conforming deliverables. If the City
has the right to inspect the Contractor's, or the Conn•actor's Subcontt�actor's, facilities, or the
deliverables at the Contr•actor's, or the Contractoi's Subcontractor's, p�•emises, the Contractor shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspeetion.
8. NO REPLACEMENT OF DEFECTIVE TENDER: �very tender or delivery of deliverables
must fully coinply with all �rovisions of the Contract as to time of delivery, quality, and quantity.
Any non-conlplying tender shall constitute a breach and the Contractor shall not have the right to
substitute a confornling tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and inay then inake a conforming tender
within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is Co perform the services as required in order for the Contractor to
perform the services in a timely and ef�cient manner, in accordance with and subject to the
applicable secw-ity laws, rules, and regulations. The Contractor acknowiedges that it has satisfied
itself as to the nature of the City's service requireillents and specifications, the location and
essential characteristics of tl�e work sites, the quality and quantity of materials, equiprnent, labor
and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor's obligations under tl�e contract. The Contractor
hereby releases and holds the City harmless froin and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractoi• shall, at all times, exercise reasonable precautions for tl�e saf�ty of their employees,
City Staff, participants and others on or near the City's facilities.
10. WORKFORCE
A. The Contractor shall employ only order-ly aild competent woi�kers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's einployees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
dclivering goods or seivices undcr a City of Denton contract or on the City's pi-operty .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or diugs, on
the job.
C. If the City or the City's representative nofiiies the Contractor that any worker is incompetent,
Contract # 6897
DocuSign Enveiope ID: 1EAA4191-48E7-43AC-B2D3-907F8328AC9B
disorderly or disobcdient, l�as knowingly or repeatedly violated safety regtilations, has possessed
any �rearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract serviees, and may not einploy
such woi•ker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Refo��n and Gontrol Act of 1986 and 1990 regarding employment verification
and retention of verification foi-�ns for any individuals hired on or after November 6, 1986, who
will perforin any labor or services under the Contract and the Illegal Imrnigration Reforn� and
Iinmigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall
comply fully with all applicable federal, state, and local heal�l�, safety, and enviromnental laws,
ordinances, rules and re�ulatioizs in the pei•formance of �he seivices, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration (OSHA).
In case of conflict, Che most stringent safety requirement shall govern. The Contractor shail
indemnify and hold the City harmless from and against all claims, dernands, suits, actions,
judgments, fines, penalties and liability of evcry kind arising from the breach of the Contractor's
obligations undet� this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards,
orders, or regulations issued pl�rsuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et
seg.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1251 et seq.).
12. INVOICES:
A. The Contr�etor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipinent or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
order number and the master agreement number if applicable, the Department's Name, and
the name of the point of contact for the Department. Invoices shall be itemized and
n•ansportation charges, if any, shall be listed separa�ely. A copy of the bill of lading and the freight
waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance
address and, if applicable, the tax identification number on the invoice must exactly inatch the
information in the Vendor's registration with the City. Unless otherwise instructed in writing, the
City may rely on the reinittance address specified on the Contractor's invoice.
C. Itivoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
ordcr number clearly identified. Invoices shall also include a tabulation of work-hours ati the
appropriate rates and grouped by work order number. Tin1e billed for labor shall be liulited to
hours actually wot-ked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Coutractor shall pass through all
Subcontract and other authorized expenses at actual cost without inarkup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will funlish a tax exemption certificate upon request.
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within
Contract # 6897
DocuSign Envelope ID: 1EAA4191-48E7-43AC-82D3-907F8328AC9B
thirry (30) calendar days of the City's receipt of the deliverables or of the invoice being received
in Accounts Payable, whichever is lat�r.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the
maximum lawful ra�e; except, if payment is not timely made for a reason for which the City
may �vithhold payment hereunder, interest shall not accrue until ten (10) calendar days after
�he grounds for withholding payment have bee►� resolved.
C. If partial shipinents or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delive7y, as stated above, provicled that the invoice matches the shipment ot•
delivery.
D. The City inay withhold or set off the entire pa}m7ent or part of atly payment otilerwise due the
Contractor to such extent as rnay be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. Chird pat-ry claiins, which are not covered by tl�e insurance which the Confractor is
required to provide, are filed or reasonable evidence indicating probable filing of such
claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipi71ei1t;
i�t. damage to the pi•operty of the City or the City's agents, einployees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v, reasonable evidence that the Contractor's obligations will not be completed within th�
time speci�ed in the Contract, and that the unpaid balance would not be adequate to
cover actual or damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with all
required attachinents and supporting doeumentation; or
vii. failure of the Contractor to comply with any inaterial provisioi� of the Contract
Docuinents.
E. Notice is hereby given that any �warded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness o�ved the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electroflic t�-ansfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for paynlents made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The
City's payment obligations are payable only and solely from funds Appropriated and available for
this contract. The absence of Appropriated or oth�r lawfully available funds shall render the
Contract null and void to the extent funds are not Appropriated or available and any deliverables
deliver�d but unpaid shall be returned to th� Contractor. The City shall provide the Contractor
written notice of the failure of the City to make an adequate Appropriation for any fiscal year to
pay the arnounts due under fhe Contract, or the reduction of any Appropriation to at1 amount
insufficient to permit the City to pay its obligations under the Contract. In the event of izone or
inadequate appropriation of fiinds, there will be no penalty nor rcmoval fees charged to the City.
14. TRAVEL EXPENSES: All h�avel, lodging and per diem expenses in connection with the
Contract shail be paid by the Contrac�or, unless otherwise stated in the contract terms. During the
term of this contract, the contractor shall bill and the City shall reimburse contractor for all
reasonable and approved out of pocket expenses which are incurred in the connection with the
performance of duties hereunder. Nori�ithstanding fhe foregoing, expenses for the time spent by
the contractor in travelii�g to and from City facilities shall not be reimbursed, unless otherwise
negotiated.
Contract # 6897
DocuSign Envelope ID: 1EAA419�-48E7-43AC-82D3-907F8328AC9B
15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Conti•act Close-Out MBE/WBE Coinpliance
Report to the Put-chasing Manager no latet- than the 15th calendar day after completion of all work
under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in
colnpliance with the requiretnents as accepted by the City.
B. The inakii�g and acceptance of final payment will constitute:
i. a waiver oi all clairns by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after final inspection, (3) arisiilg from failure of the Contractor to comply with the Contract or the
tenlzs of any warranty specified herein, (4) arising ii•om ihe Contracto�•'s continuing obligations
under the Contract, including but not limited to indemnity and warra��ty obligations, or (5) arising
under the City's right to audit; and ii, a waiver of all claims by the Contractor against the City
other thai� those previously asserted in writing and not yet settled.
16. SPECIAL TOOLS & TE5T EQUIPMENT: If the pt•ice stated on the Offer includes the cost
of any special �oolillg or special test equipment fabricated or required by the Contractor for the
purpose of filling this order, such special tooling equipinent and any process sheets related thereto
shall become the property of the City and shall be identified by Che Contractor as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress
or audit findings are yet um-esolved, in which case records shall be kept until all audiC Casks are
completed and resolved. These books, records, documents and other evidence shall be available,
within ten (10) business days of written request. Further, the Contractor shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents and
other evidcnce pertaining to tlle Conn-act, and to allow the Ci�y similar access to those documents.
All books and records will be made available witl�iii a 50 mile radius of the City of Denton. The
cost of the audit will be borne by the City unless the audit reveals an oveipayment of 1% or greater.
If an overpayinent of 1% or greater occurs, the reasonable cost of the audit, including any travel
costs, must be borne by tl�e Contractor which must be payable within five (5) business days of
receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the
tetms "books", "records", "documents" and "other evidence", as used above, shall be construed to
inchide drafts and electronic files, even if such drafts or electronic files are subsequelltly used to
generate or prepare a final printed document.
18. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor
shall comply with all requirements approved by the City. The Contractor shall not initially employ
any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not slibstitute
any Subcontractor identified in the Plan, uriless the substitute has been accepted by the City in
writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or
remedies of the City with respect to defective delivet-ables provided by a Subcontractor. If a Plan
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has been approved, the Conh-actor is addiCionally r•equired to submit a rnonthly SubcontracC
Awai•ds and ExpendiCures Report to the Procurement Manager, i10 later than the tenth calendar day
of each month.
B. Work perfornled for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract m�y not conflict with the
terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontf•actor be provided in strict
accordance with the provisions, speci�cations and terms of the Corltract;
ii. prohibit the Subcontractor f'rom further subcontracting any portion of the Contract
without the prior written consent of tl�e City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
foi-�n, substance and amount acceptable to the City;
iii. require Subcontractors to submiC all invoices and applications foi- payments, including
any claims for additional payments, dainages or otherwise, to the Contractor in sufficient
tiine to enable the Contractor ro include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same exterlt
as the Contractor is required to indeinnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subconfractor any contractual
relationship between the City�and any such Subcontractor, nor shall it create any obligation on tl�e
part of the City to pay or to see to the payment of any moneys due any such Subcontractor except
as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) caiendar days after rEceipt of payment from the City.
19. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
currcnt prices on orders by others for Iike deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independerltly without
cousultation, co�nmunication, or agreeinent for the purpose of restricting competition, as to any
matter relating to such fees with aily other frm or with any competitor.
C. In addition to any other r�mcdy available, Che City may deduct from any arnounts owed to the
Contractor, or otherwise recover, any amounis paid for items in excess of �he Contractor's current
prices on orders by others for like deliverables under similar tenns of purchase.
20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all
deliverables furnishcd under the Coiltract, and that the deliverables are free and clear of all liens,
claims, security interests and encumbrances. The Contractor shall indemnify and hold the City
harmless fronl and against all adverse title claims to the deliverables.
21. WARI2ANTY — DELIVERABLES: The Contractor wai•rants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workrnanship or
manufacture, and confoi�n in all material respects to the speci�cations, drawings, and dcscriptions
Cont�•act # 6897
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in the Solicitation, to any satnples furnished by the Cont�•actor, to the terms, covenants and
conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations,
and industry codes and standards. Unless otl�erwise stated in the Solicitation, the deliverables shall
be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude oi• disclaim Che foregoing wan•anty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warrailty period shall be at least one year fronl
the date of acceptance of the deliverables or from the date of acceptance of airy replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Con�ractor shall promptly upon receipt of demand either repair the non-confor�ning deliverables,
or replace the non-couforming deliverables wi�h fully conforming deliverables, at the City's option
and at no additional cost to the City. All costs incidental fo such repair or replacement, including
but not limited to, aily packaging and shipping costs shall be borne exclusively by the Contractor.
The City shall endeavor to give the Contractor written notice of the breach of warranty within
thir�y (30) calendar days of discovery of the breach of warranty, but failure to give timely notice
shall not impair the City's rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it inay be required to purchase under the Contract fi�om the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incun�ed by the City to
procure such deliverables from another source.
E. If the Contractor is not the �nanufacturer, and the deliverables are covered by a separate
manufachi�•er's warranty, the Contractor shall transfar and assign such manufac�urer's warranty to
the City. If for any reason the manufacturer's warranty caiznot be fully transfei7ed to the City, the
Con�ractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer's warranty for tl�e benefit of the City.
22. WARRAl��TY — SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and �imely perforined in a good and workmanlike
manner in accordanec with generally accepted industry standards and practices, the terms,
conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules
or regulations.
A. The Contractor may 1�ot limit, exclude or disclaim the foregoing warranty or any warranty
iinplied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Dat�. If du��ing the warranty period, one or more of the above wat-�-anties are
breached, the Coiltractor shall promptly upoil receipt of demand perfonn the services again in
accordance with above standard at no additional cost to the City. All cos�s incidental to such
additional performance shall be bor�ie by the Con�ractor. The City shall endeavor to give the
Contractor written notice of the breach of wai-ranty within thirty (30) calendar days of discovery
of the breach warranty, but failure to give tiinely notice shall not impair tlle City's rights under
this section.
C. If the Contractor is unable or unwilling to perfonn its services in accordance with the above
standard as required by the City, then in addition to any other available reinedy, the City may
reduce the amount of services it may be required to purchase undcr the Contract from the
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Contractor, and purchase conforming services fi•om other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
sez•vices from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring itnmediate correction or removal and t•eplacement of defective or non-
confoi7ning deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City's evaluation of and determination to
accept such defective or non-conformin� deliverables. If any such acceptance occurs prior �o final
payinent, thc City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-coi7forming deliverables. If' the acceptance occurs aiter
final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever onc party to the Contract iiz good faith has reason to
question the other party's intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demandiilg party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City rnay issue an immediate Stop Work Notice in the event
the Coniractor is observed performing in a manner that is in violation of Federal, State, or local
gLiidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notificaiion, thc Contractor will cease a11 work until notiiied by the City thaC the violation or
unsaf'e condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its inaterial obligations under the Contract, (b) fails to
provide adequate assurance of perfornlance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a inaterial misrepresentation in
Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have tlle right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless t�he Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's
reasonable satisfaction that such deiault does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City sha11 be enti�led to recover all actual damages, costs,
losses and expeizses, incurred by the City as a result of the Contractor's default, including, without
limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudginent ai�d post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may relnove thc Contr•actor frorn the City's vendor list for three (3) years and
any Offer submitted by the Conti•actor may be disqualified for up to three (3) years. All rights and
remedies under the Contt�act are cuinulative and are not exclusive of any other right or remedy provided by
law.
28. TERMINATION WITHOUT CAUSE: The City shall I�ave the right to ternlinate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written
notice. Upon receipt of a notice of termination, the Contractor shall proinptly cease all further work
pursuant to tl�e Contract, wifh such exceptions, if any, specified in the �otice of tei-�nitiation. The
Contract # 6897
DocuSign Envelope ID: 1EAA4191-48E7-43AC-B2D3-907F8328AC9B
City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delive�-ed and seivices perfonned and obligations incurred prior to
the date of terinination in accordance with the terms hereof.
29. FRAUD: Fraudulent statements by the Contractoi• on any Offer or in any report or deliverable
required to be subinitted by the Contractor to the City shall be grounds for the fern7inatioil of the
Contract for• cause by the City and may result ii� legal action.
30. DELAYS:
A. The City may delay scheduled deliveiy or other due dates by written notice to the Contractor if
the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Coiltractor sl�all negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an ainend�nent to the Contract. The
Contractor inust assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolufion process specified in paragraph 49. However, nothing in this provisioiz shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under
this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots,
civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to
any of the foregoing causes, then the time for completion of the services will be extended;
provided, l�owever, in such an event, a conferei�ce will be held withit� three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome tl�e effect of such
failure to perform.
31. INDEMNITY:
A. Definitions:
i. "Ii�demilified Claims" shall include aily and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
cos�s and expenses of litigation, inediation or other alternate dispute resolution mechanism,
including attorney and other professional fees for: (1) damage to or loss of the property of
any person (including, but not limited to the City, the Contractor, their respective agents,
officers, employees and subcontractors; the officers, agents, and elnployees of such
subcontractors; and third parties); and/or (2) death, bodily injUry, illness, disease, worker's
coinpensation, loss of services, or loss of incoine or wages to any person (including but not
limited to the agents, officers and employees of the City, the Contractor, the Contractor's
subcontrac�ors, and third parties), ii. "Fault" shall inchide the sale of defective or non-
conforining deliverables, negligence, willful misconduct or a breach of any legally iinposed
strict liability standaz-d.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTR�CTOR'S AGEN`I'S, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE
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CONTRACT. NOTHING HERFIN SHALL BE DEEMED TO LIMIT THE RIGHT5 OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT \'OT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PAR'TY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
32. INSURANCE: The following insural�ce requirements are applicable, in addition to the speci�c
insurance requirements detailed in Appendix A for services oi11y. The successfi�l firm shall procure
aild maintain insurance of the types and in the inii�iinum amounts acceptable to the City of Denton.
The insurance shall be wriCten by a coinpany licensed to do business it1 the State of Texas and
safisfactoiy to tl�e City of Denton.
A. General Requirements:
i. The Contractor shall at a miniinum carry insurance in the types and amounts indicated
and agreed to, as submitted to fhe City atld approved by the City within the procurement
process, for the duration of tl�e Contract, including extension options and hold over periods,
and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with Che coverage's and
endorsements required to the City as veri�fication of coverage prior to contract execution
and withiil fourteen (14) calendar days after written request from th� City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification from
consideration for award. The Contractor tnust also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expii°ed, or an extension option or
hold over period is exercised, as veriiication of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtaiiled and
until such insurance has been reviewed by the City. Approval of insurance by the City shall
not relieve or decrease the liability of the Contractor hereunder and shall not be construed
to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the stibcontractors commencing work on the project.
v, The Con�ractor's and all subcontractors' insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers' compensation coverage written by the Texas Workers' Compensation
Insurance Fund.
vi. All endorsements narning the City as additional insured, waivers, and notices of
cancellatiol� endorsements as well as � the Certiiicate of Insurance shall contain the
solicitation number and the following information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The "other" insut-ance clause shall not apply to the City wherc the City is an addi�ional
insured showil on any policy. It is intended that policies required in the Contract, covering
both the City and the Contractor, shall be considered primary covera�e as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor
shall cal-��y Umbrclla or Excess Liability Insurance for any differences in amounts speciiied.
If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
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expense, to review certified copies of policies and endorseinents thereto and may make any
reasonable requests for deletion or revision or modification of particular policy tertns,
conditions, limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of the parties hereto or the underwriter on any such
policies.
x. The Ciry reserves the rigl�t to review the insurarice requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance coverage,
limits, and exclusions wl�en deemed necessary and prudent by the City based upon changes
in statutory law, court decisions, the claims history of the industry or financial condition
of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor per7nit any insurance
to lapse during the tenli of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall b�
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written
notice of erosiou of the aggregate limits below occurrence limits for all applicable
coverage's indicated within tl�e Contract.
xiv. The insurance coverage's specified in within the solicitatiois and requirements are
required minimums and are not intended to limi� the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained ii1 the
solicitation instrument.
33. CLAIMS: If any claim, deinand, suit, or other action is asserted against the Contractar which
arises undet- or concerns the Contract, or which could have a material adverse effect on the
Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Conh�actor. Such notice to the City
shall state the date of notification of any such claim, deinand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name oi cach person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
th� City and to tl�e Denton City Attorney. Personal delivery to the City Attonley shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarlced if sent by U.S. Postal Service Certified or Registered
Mail, Retui�n Receipt Requested. Notices delivered by othcr means shall be deeined d�livered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor's Offer, or at such other address as a party may notify the otl�er in writing. Notices
to the City shall be addressed to the City at 901 B Texas Sh•eet, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All inaterial
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary n�ust be clearly marked as
such. Deterniination of the public nature of the inaterial is subject to the Texas Public Infoi-�natioll
Connact # 6897
DocuSign Enveiope ID: 1EAA4191-48E7-43AC-B2D3-907F8328AC9B
Act, Chaptez• 552, and Texas Govei�nment Code.
36. NO WARFtANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the Ciry good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications ii1 the Coiltract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intcllectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against a11 liability, dainages, and costs (including court costs and reasonable fees of attorneys and
other professionals) arising out of or resulting from: (i) aily claim that the City's exercise anywhere
in the world of the rights associated with the City's' ownership, and if applicable, license rights,
and its use of the deliverables inf'ringes the intellectual property rights of any third party; or (ii)
the Contractor's breach of any of Contractor's representations or warranties stated in this Contract.
In the event of aily such claim, the City shall have the right to monitor such claim or at its option
engage its own separate counsel to act as co-counsel on the City's behal£ Further, Contractor
agrees that rhe City's specifications regarding the deliverables sllall in no way dinzinish
Contraetor's warranties or obligations under this paragraph and the City makes no wan•anty thaC
the production, development, or delivery of such deliverables will not impaet such warranties of
Contractor.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City's and/or its licensors' con�dential inforination (including
inventions, employee infonnation, trade secrets, confidential know-how, confidential business
informatioil, and other information wl�ich the City or its licensors consider confidential)
(collectively, "Coniidential Information"). Contractor acknowledges and agrees that the
Confidential Infonnation is the valuable property of the City andlor its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Coniidential Information will
subsfantially injure the City and/or its licensors. The Contractor (including its enlployees,
subcontractors, agenCs, or representatives) agrees tl�at it will maintain the Confidential Information
in sCrict coi�fidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use
the Confidential Information without the prior writteu consent of the Ciry or in a manner not
expressly permitted under this Agreement, unless the Confidential Information is required to be
disclosed by law or an order of any court or other governmental authority with proper jurisdiction,
provided the Contractor promptly noCities the City before disclosing such infonnation so as to
permit the City reasonablc time to seek an appropriate protective order. The Contractor agrees to
use protective measures no less stringent than the Con�ractor uses within its owil business to protect
its own inost vahiable information, «hich protective measures shall under all circumstances be at
least reasonable measures to ensure the continued coufidentiality of the Con�dential Informatiou.
38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, aiid
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees
to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its einployees to assign the entire right,
title, and interest to specific inventions under such patentable subject matter to the Ciry and to
execute, acknowledge, and deliver and, if necessary, cause each of its employees to execu�e,
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acknowledge, and deliver an assignrnent of letters patent, in a form to be reasonably appi°oved by
the City, to �he City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject mattet-, the Contractor
agrees �hat upon their creatioil, such deliverables shall be considered as work nlade-%r-hire by the
Contractor for the City and the City shall own all copyrights it� and to such deliverables, provided
however, that nothing in this Paragrapll 38 shall negate the City's sole or joint ownership of any
such deliverables arising by virtue of the City's sole or joint authorship of such delivez-ables.
Should by operation of law, such deliverables not be considered works made-for-hire, the
Contractoi- hereby assigns to the City (and agrees to cause each of its employees providing services
to tl�e City hereunder to exeeute, acknowledge, and deliver an assignment to the City o� all
worldwide right, title, and interest in and to such deliverables. With respect to such wor•k made-
for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause eac11 of its
employees providitlg services to the City hereunder to execute, acknowledge, and deliver a work-
made-for-hirc agreement, in a fo17n to be reasonably approvcd by d1e City, to the City upon
delivery of such deliverables to the City or at such other time as fhe City may request.
C. Additional Assignments. Tl�e Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignmellts, and all other instrumcnts which the City might reasonabiy deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration and/or
protection, letters patent, or any similar rights in any and all countries and in order to assign and
convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and
deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those
described in this Paragraph 38 a., b., and c. shall continue after the tennination of this Contract
with respect to such deliverables. In the event the City should not seek to obtain copyright
protecCion, mask work registration or patent protection for any of the deliverables, but should
desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information
under the tenns of Paragraph 37 above.
39. PUBLICATIONS: All published material and written reports submitted under the Contt-acf
must be originally developed material uilless otherwise specifically provided in the Contract.
When material not ariginally developed is included in a report ii1 any form, the source shall be
identified.
40. ADVERTISING: The Con�ractor shall not advertise or publish, without the City's prior
consent, the fact that the City has eiztered into the Contract, except Co the extent required by law.
41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been etnployed or retained to solicit ot• securc the Contract upon any agreeinent or understanding
for commission, percentage, brokerage, or contingent fee, exceptiug bona fide eniployees of bona
�de established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty, the CiCy shall have the right, in addition
to any other remedy available, to cancel the Contract without liability and to deduct from any
amounts owed to the Contractor, or otherwise recover, the full amount of such commission,
percentage, bt-okerage or con�ingent fee.
42. GRATUITIES: The City may, by written notice to the Conn�actor, canccl the Coutract without
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liability if it is deterrnined by the City that gratuities were offered or given by the Contractor or
any agent or representative of the Contractor to any of�cer or einployee of the City of Denton with
a view toward securing the Contract or securing favorable treatment with respect to the awarding
or aineilding or tlie making of any determinations with respect to the performing of such coiltract.
In the event the Contract is canceled by the City pursuant to this provision, the Cify shall be
entitled, in addition to any other rights and remedies, to recover ar withhold the amount of the cost
incurred by the Contractor in providing such grahiities.
43. PRONIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, irldependellt consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making pt�ocess of the perfor7nance of any solicitation shall
have a financial interest, direct or indirect, in tlie Contract resulting from that solicitation. Any
willful violation of this section shall constitute iinpropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete aild submit the City's Conflict of
Interest Questionnaire.
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint veuture. The Contractor's services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of incoine tax, withholding, social security taxes, vacation ar sick leave benefits,
worker's compensation, or any other City einployee benefit. The City shall noC have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
confractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and thcir respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned aild no obligation shall be
delegated by the Contractor without tlle prior written consent of the City. Any attempted
assignmerlt or delegation by the Contractor shall be void utiless made in conformity with this
paragraph. The Conh•act is not intended to confer rights or benefts on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third pai-�y beilefciaries to
the Conn•act.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by coilsideratioii and is ii7 writing signed by the aggrieved party. No waiver by either
the Contractor or the City of any one or tnore events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other• existing or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
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document shall I�ave aizy fot•ce or effect to change the terms, covenants, and conditions of the
Gontract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive staCement of the tenns of their agreement. No course of prior dealing between the parties
or course of perfortnance or usage of the trade shall be relevant to supplement or explain any tenn
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a mauner to be fair to both parties,
reading no provisions inore st��ictly against one party or the other. Whenever a ter-�n defined by the
Unifoi-�z1 Conlmercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
de�nitioil shall control, unless otherwise de�ned ii1 the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agrce to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the iiling
of a lawsuit to toll tl�e running of a statute of liinitations or to seek injunetive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimtzin, oile (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
ro negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parti�s l�ave not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, ar the pa��ties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Con�ractor agree to act in good faith in the selection of the mediatot- and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract pi•events the parties
from relying on the skills of a person who is trained in th� subject matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thiriy (30) calendar days of
initiation of the mediation process, the inediator shall be selected by the Denton County Alternative
Dispute Resolution Prograin (DCAP). The parties agree to participate in inediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
Contractor will share the mediator's fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist thein in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Comtnercial Code as adopted
in Te�xas, V.T.C.A., Bus. & Comm. Code, Chapter l, excluding any rule or �rinciple that would
refer to and apply the subsfantive law of another• state or jurisdiction. All issues arising from this
Con�ract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive pei•sonal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to linlit or restrict the right or ability of the City to seek and secure
injunctivc relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, iliegality, or unenforceability of any provisioil of the Contract
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shall in no way affect the validiry or enforcea�ility pf any other poi�tion or provision of the
Contract. Any void provision sl�all be deemed severed fi-om the Contract and the balance of the
Contract shall be construed and enforced as if the Conh•act did not contain the particular portion
or provision held to be void. Tl�e parties further agree to reform the Contract to replace any stricken
provision with a valid p��ovision that comes as close as possible to the intent of the stricken
provision. The provisions of fhis section shall not prevent Chis entire Contract fi�om being void
should a provision which is the essence of the Contract be detennined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year's Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day Aftier Thanksgiving
Christmas Eve (observed)
Clu-istinas Day (observed)
New Year's Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Nonnal hours of operation shall be
between 8:00 am and 4:00 pin, Monday through Friday, excluding City of Denton Holidays. Any
schedtzled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: Ail provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited frotn contracting with or inaking pritne or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Pederal Gover-�iinent, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procuretnenf Programs, the State of Texas, or the City of
Denton.
55. EQUAL OPPORZ'UNITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any
discriminatory employment practice. No peison shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genefic testing, or national origin, be refused the benefits of,
ol• be otherwise subjected to discrimination under any activities resulting fi•om this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discrimina�ory einployinent practice agaiilst individuals with disabili�ies as de�ned
in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
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requirements)
Tl�e following federally funded requireinents are applicable. A. Definitions. As used in this
paragraph —
i. "Component" means an articie, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For componenfs purchased by the Contractor, the acquisitiotl cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firnl), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragrapl� (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufachue of the end product.
iii, "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its coznponents mined,
produced, or manufactured in the United States exceeds 50 percent of Che cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap geilerated, collected,
and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B, The Buy Arnerican Act (41 U.S.C. l0a - I Od) provides a preference for domestic end products
for supplies acquired for use ii� the United States.
C. The City does noC maintain a list of foreign articles thaC will be treated as domestic for this
Contract; but will consider for approval foreign articles as do�nestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submi� documentation
with their Offer• demonstrating that the article is on an approved Gove�7zmental list.
D. The Contractor shall deliver only domestic end products except to the extent �hat it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
information presented in any response to this contract, whether ainended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this r•ight.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of tl�e
respondent.
59. PIZEVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as
defined by the United States Depai�iment of Labor Davis-Bacon Wage Dcteimination at
http:Uwww.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol. o�v
for Denton County, Texas (WD-2509).
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60, COMPLIANCE WITH ALL STA'I'E, I+EDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all Stafe, Federal, and Local laws and requirements. The Respondei�t
must comply with all applicable laws at all times, including, without limitation, the following: (i)
§36.02 of the Texas Penal Code, which prohibits bribery; (ii) �36.09 of the Texas Penal Code,
which prohibits the offering or conferring of beneiits to public servants. The Respondenf shall give
all notices and comply with all laws and regulations applicable to fiirnishing and per�formance of
the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-
site compliance with the �ederal Tax Refor7n Act of 1986, Sec�ion 1706, alnending Section 530
of the Revenue Act of 1978, dealing with issuance of Form W-2's to coinmon law emplqyees.
Respondent is responsible for both federal and State unemployinent insurance coverage and
standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with
all fcderal and State fax laws and withholding requirements. The City of Dcnton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all cosis, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-fi•ee work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Manageinent and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to inzplement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, includitlg any amendments to the final rule that may hereafter
be issucd.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipinent caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivety or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procureinent Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for perfonnance under the Contract should it be prevented from perfonnance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent wi11 be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence perforillance or observance whenever aild to
whatever extent possible without delay. The Respondent sl�all immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrcnce) and describe at a reasonable level of detail thc
circuinstances causing the izon-performance or delay in perfornlance.
65. NON-WAIV�R OI' RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to requir� performance in Che fuiure. No
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delay, failure, or waiver of either Party's exercise or par-tial exercise of any right or remedy under
the Contract shall operate to lilnit, inzpair, preclude, cancel, waive or otherwise affect such right
or reinedy. �1 waiver by a Party of any breach of any tenn of the Contract will not be cons�rued as
a waiver of any continuing or succeeding breach.
66. NO WAIVEI2 OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision
of the Contract is in any way intended to constitute a waiver by the City of Denton of any
immunities from suit or from liability dlat the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respoi�dent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the perfoi-�nances called
for in the Contract. The Respondent shall retaiu all such records for a period of four (4) years after
the expiration of the Contract, or until the CPA or State Auditoi-'s Office is satisfied tllat all audit
and litigation �natters are resolved, whichever period is longer. The Respondent sl�all grant access
to all books, records and documents pertineilt to the Contract to the CPA, the State Auditor of
Texas, and any federal governi�netital entity that has authority to review records due to federal
fiinds being spent under the Contract.
Should a conflict arise between any of the contract documents, it shall be resolved with the
following order of precedence (if applicable). In any event, the final negotiated contract shall
take precedence over any and all contrac� documents to the extent of such conflict.
1. Final negotiated contract
2. RFP/Bid documents
3. City's standard terms and conditions
4. Purchase order
5. Supplier terms and conditions
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Exhibit D
INSURANCE REQUIREMENTS AND
WORKERS' COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contracfor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limifing any of the other obligations or liabilifies of the Contractor, the Contracfor
shal/ 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.
Contractor shall file with the Purchasing Department satisfactory cerfificates of insurance
inc/uding any applicable addendum or endorsements, containing the contract number and
title of fhe project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however, Contractor shall
not commence any work or deliver any materia/ 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 satisfacfion 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 or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Liability policies shall be endorsed to provide the following:
■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
■ That such insurance is primary to any other insurance available to the Additional
Insured with respect to c�aims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shali not operate to increase the insurer's
limit of liability.
■ Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cance//ed or material/y changed before the
expiration date.
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• Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General �iability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, coliapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
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[X] Automobile �iability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
�imits (CSL) of not less than 500 000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned hired and non-owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a$500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation
Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an "occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a$1,000,000.00
aggregate.
[] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
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Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for
provided. Such policy shall include as "Named
subcontractors as their interests may appear.
Environmental Liability Insurance
100°/o of the completed value shall be
Insured" the City of Denton and all
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
Riggers Insurance
The Contractor shall provide coverage for Rigger's Liability. Said coverage may be
provided by a Rigger's Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger's Liability Coverage form. Said coverage shall mirror the limits provided by the
CG� coverage
Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a"blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than $ each occurrence are required.
Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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ATTACHMENT 1
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
compieted and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities perForming all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services on
the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
Contract �# 6897
DocuSign Enveiope ID: 1EAA4191-48E7-43AC-B2D3-907F8328AC9B
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materiaily affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
Contract # 6897
DocuSign Envelope ID: 1 EAA4191-48E7-43AC-B2D3-907F8328AC9B
b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) -(7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who wili provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
Contract # 6897
DocuSign Envelope ID: 1EAA4191-48E7-43AC-B2D3-907F8328AC98
Exhibit E
Cer�ificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, wliich added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Fo�7n 1295) to the City at the tiine the
Contractor submits the signed contract. The Texas Ethics Coinmission has adopted rules requiring
the business entity to iile Form 1295 electroilically with the Commission.
ContracYor will be required to furnish a Certificate of Inferest Parties before tlie contract is
awarded in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website �t :
https://www.ethics.state.tx.us/whatisnew/elf info form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the cotnpletcd Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Coinplete and sign the Form 1295
6. �mail the form to purchasing�a�cityofdenton.com with the contract number in the subject line.
(EX: Contract 1234 — Form 1295)
Th� City must acknowledge the receipt of the �led Form 1295 not later than the 30th day after
Coui�cil award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission's website within seven business days.
Contract # 6897
DocuSign Envelope ID: 1EAA4191-48E7-43AGB2D3-907F8328AC9B
EXHIBIT F- Pricing Sheet 6897 Traffic Signal Maintenance
�:sr.
Item Annual UOD4 Product Description Description 2 Unit Price Extended Price
Qty
t 840 LP 'Crench 2" PVC Schedule 80 Furnish and Install S 1 I.00 $ 9,240.00
2 1,700 LP Trench 2" PVC Schedule 40 Pumish and Install S ] 1.00 $ 18,700.00
3 900 LF Trench 3" PVC Schedule 40 Fumisl� and Install S 13.00 � 11,700.00
4 1,820 LP "Crcnch 4" PVC Schcdule 40 Pumish and Install 5 18.00 5 32,760.00
5 460 LP Trench 6" PVC Schedule 40 Purnish and Install S 22.00 5 10,120.00
C 600 LI� Directional bore 2" PVC Schedule 80 Fmnish and Install S I5.00 �, 9,000.00
7 600 LI�� Directional bore 2" PVC Schedule 40 Furnish and Install 5 I5.00 �+ 9,000.00
8 1,650 LF' Direcfional bore 3" PVC Schedule 40 Purnish ai�d Install S 18.00 $ 29,700.00
9 1,C50 LF Directioi�al bore 4" PVC Schedule 40 Furnish and Install S 20.00 S 33,000.00
10 �00 LP Directional borc G' PVC Schedule 40 Pumish and L�stall S 26.00 $ t 3,000.00
f 1 160 LI= Rigid Metallic Conduit (RM) 1" Purnish and Install S 12.00 $ 1,920.00
t2 I60 LF Rigid Metallic Conduit (RM) I.5" Furnish and Install S I5.00 $ 2,400.00
13 210 I.P Rigid Mctallic Conduit (RM) 2" Furnish and lnstall S 13.00 S 3,730.00
14 320 LP Rigid Metallic Conduit (RM) 3" Pumish and Install S 21.00 $ 6,720.00
15 320 LF Rigid Metallic Conduit (RM) 4" Fumish and Install S 26.00 $ 8,320.00
16 24 EA Rigid Metallic Conduit (RM) various sizes on timber poles Remove S 95.00 S 2,280.00
17 12 I;A Ground box Ty e B widi apron Purnish and Install S 750.00 $ 9,000.00
18 12 EA Ground box Type B with apron (city supplied box) Furnish and I��stall S 500.00 5 6,000.00
19 40 lA Ground box Type D with apron Fumish and Install S 800.00 $ 32,000.00
20 40 EA Groimd box Type D with apron (city supplied box) Pumish and Install S 500.00 5 2Q000.00
21 48 EA Ground box with apron Remove S I50.00 $ 7,200.00
22 4 EA Traftic signal cabinet with terminations (pad mounted) �io concrete or base Install S 2,750.00 � I 1,000.00
23 10 F,A "I'raffic signal cabinet breakaway base and concrete pad (8'x9'x6") Fumish and lnstall 5 3,850.00 $ 38,500.00
24 3 LA Traffic signal cabinet conacfe pad (8'x9'x6") Fumish ai�d Install S 3,450.00 S 10,350.00
25 4 GA "I'raffic si�nal cabinet (pad mountcd) with base Remove S 850.00 � 3,400.00
26 4 EA Traffic signal cabinet (pad moun[ed) with base and concrete pad Remove S 1,350.00 5 5,400.00
27 3 EA "PraYtic signal cabinct concmte pad Remove S 500.00 S 1,500.00
28 10 EA 13atteiy backup unit (13I3U)external cabinet on traffic signal cabinet [nstall S 500.00 5 5,000.00
29 2 EA Vteter pedestal service widi tenninadons (pad mowited) no concrete pad Install S 1,850.00 $ 3,700.00
30 10 EA Meter pedestat service with terminations (pad mounted) with coi�crete pad Purnisli and Install S 5,500.00 5 55,000.00
31 2 EA Meter pedestal service concrete pad Furnish and Install S 700.00 $ 1,400.00
32 4 EA Meter pedestal electrical service and eoncrete pad Remove S SOU.00 S 2,000.00
33 4 I;A Electrical service, overhead Remove S 500.00 $ 2,000.00
34 320 LF 24-A Signal pole foundation �+�ith ground rod, Class C concrete Furnish ai�d Install S 155.00 S 59,200.00
35 48 LP 30-A Signal polc foundation with ground rod, Class C concrctc Pumish and Instatl S 250.00 5 12,000.00
36 52 Li� 36-A Signal ole foundation �vith groui�d rod, Class C concrete Purnish and Install S 350.00 � 18,200.00
37 72 LF 42-A Sig��al pole foundation ���ith ground rod, Class C conarete Furnish and Install S 425.00 $ 30,600.00
38 528 LF 48-A Signaf polc foimdation with grotmd rod, Class C concretc Furnish and Install S 525.00 S 277,200.00
39 12 rA Signal pole foundation (18" below groun� minumum) Remove S 750.00 S 9,000.00
40 I G EA LMA (Lo��g Mast Ami) Assembly with 50'-65' mast ann Iustall S 2,000.00 $ 32,000.00
41 4 GA LMA Asscmbly with 50'-65' mast arm, no luminairc or ILSN arm Insfall S 1,850.00 $ 7,400.00
42 6 EA LMAPoIe Install S I,000.00 5 G,000.00
43 6 EA LMA 50'-GS' Listall 5 1,000.00 S 6,000.00
44 8 L'A LMA Asscivbly ���ith 50'-CS' mast ann Rcmove S 1,250.00 $ 10,000.00
45 8 I:A LMA 50'-(S Remove S 625.00 5 5,000.00
46 8 F;A SMA (Single Mast Anu) Assembly �+�ith 36'-4S' mast arm Install S I,S00.00 S 14,400.00
47 4 LA SMA Assanbly with 3G-4A' mast ami, no lumit�airc or ILSN ann Install S 1,550.00 $ C,200.00
43 4 i:A SMA Pole (for a 3G'1i8' ann) Install S 900.00 S 3,600.00
A9 4 I�A SMA 3G-48' Install S 900.00 � 3,600.00
50 8 EA SAdA Asscmbly �+�ith a 36-48' mast arm Rcmovc S 1,050.00 $ 8,400.00
51 3 I:A SMA 36'-48' Rc:move S 525.00 $ 4,200.00
52 2 EA SMA (Singfe Mast Ann) Assembly with 20'-32' mast arm Install S 1,200.00 � 2,400.00
53 2 LA S�4A Asscmbly with 20'-32� 11185f 8CI71� no luminairc or 1[,SN arm li�stall S 1,000.00 S 2,000.00
DocuSign Envelope ID: 1EAA4191-48E7-43AGB2D3-907F8328AC9B
Est.
Item Annual UOM Product DescripHon Description 2 Unif Price Estended Price
Q«'
54 2 GA SMA Pole (for a 20'-32' ami) Install S 500.00 S I,000.00
SS 2 EA SMA 20'-32' Install S 500.00 5 1,000.00
>6 4 GA SMA Assembly with a 20'-32' �uast arm Remove S 500.00 � 2,000.00
57 4 EA SMA 20'-32' Remove S 500.00 S 2,000.00
Sg 4 LA Strain Pole Assembly, 34' L�stall S 925.00 $ 3,700.00
59 2 L'A Str�in Pole Assembly, 34', no luminaire or ILSN arms Install S 800.00 5 1,G00.00
GO 4 L'A Strain Pole Assembly Remove S 500.00 � 2,000.00
Gl 1G L•;A LuminaircAim8-10' Install 5 150.00 � 2,�00.00
G2 24 EA I,uminaire Ann 25' Install S 325.00 $ 7,800.00
63 40 L'A ILSN Ann 7'-9' Install S 150.00 S 6,000.00
64 4 L-'A Luminaire Arm Remove S 125.00 � 500.00
65 4 EA 1LSN Arm Remove S 125.00 S 500.00
6G 12 L'A 50', Class I timber pole Instal! S 700.00 S 8,400.00
67 2 EA 50', Class 1 timber polc Fumisli and lnstall 5 1,800.00 S 3,600.00
68 4 GA 50', Class 1, timber pole assembl , one anchor desi n Purnish and Ltstall S 2,100.00 $ 8,400.00
G9 I6 EA 50', Class l, timber pole assembly, two anchor desi�n Fumish and Install S 2,400.00 5 38,400.00
70 8 L'A Timbcr �olc anchor assembly Furnish and L�stall S 300.00 S 2,400.00
71 4 EA 1'imber pole (entire pole) Remove S 450.00 $ 1,300.00
72 4 GA Timber pole (18" below ground) Remove S 450.00 S 1,800.00
73 8 EA 5-section signal head assemUly histall S 450.00 � 3,600.00
74 20 GA 5-scction (clustcr) signal hcad assembly (nstall S 450.00 $ 9,000.00
75 36 EA 4-section signal head assembly Install S 350.00 5 12,600.00
7( 72 EA 3-section signal head assembly Install S 300.00 5 21,600.00
77 8 EA 5-section signal head (polc mounting) Fumish and Install S 1,250.00 S 10,000.00
78 20 EA 5-section (cluster) signal head ( ole mou��ting) Furnish and Install S 1,250.00 S 25,000.00
79 C4 EA 4-section signal head (pole mounting) Furnish and b�stall S I,O50.00 $ 67,200.00
80 72 EA 3-section signal head (polc mounting) Furnish and Install S 950.00 $ 68,400.00
81 & rA 5-section signal head (s an mountin *) �urnish and Install S 1,250.00 $ 10,000.00
82 8 EA 5-section (cluster) signal head (span mou��ting) Fwnish and Ltstall S 1,250.00 S 10,000.00
R3 IG EA 4-scction signal hcad (span mountine) Furnish and Install S 1,O50A0 S 16,fi00.00
84 48 EA 3-section signal head (spau mounfing) Furnish and Install S 950.00 $ 45,600.00
85 48 EA Signal head assembly Remove S 150.00 5 7,200.00
86 20 GA Regularory sign Install S 250.00 �, 5,000.00
87 48 EA Regularory sign (pole mow�ting) Furnish and Install S 350A0 $ 16,800.00
88 3C EA Regulatory sign (span mounting) Furnish and Install S 375.00 � 13,500.00
S9 4 LA Stree[ name sign Install S 250.00 $ I,000.00
90 4 EA Street name sign (pole mounting) Purnish and Insfall S 550.00 S 2,200.00
91 4 EA Street name sign (span �uounting) Fumish and Install S 575.00 S 2,300.00
92 24 EA Sign (Rcgulatory/Street name) Remo��e S 125.00 $ 3,000.00
93 40 I:A ILSN Sign G Install S 450.00 5 18,000.00
94 12 EA ILSN Sign 6' Remove S 350.00 $ 4,200.00
95 40 EA Luminairc head Install S 125.00 S 5,000.00
9G 4 EA Luminaire head Remo��e S 100.00 S 400.00
97 40 EA 4Vind dampener for mast arm Fumish and Install S 640.00 � 25,600.00
98 4 LA Wind dampener Yor mast ann Remove S 100.00 $ 400.00
99 3 f:A VIVIDS (video detection camera) Instalt S 400.00 $ 3,200.00
100 12 L=A PaivTilt/Zoom camera (PTZ) Install S 400.00 $ 4,800.00
101 20 EA Advance radar detection Install S 400.00 � 8,000.00
102 40 I�.A Presence radar detection Install S 400.00 � 16,000.00
I03 20 GA Opticom detector Install S 250.00 $ 5,000.00
104 10 EA Wireless radio with antem�a(s) Install S 250.00 S 2,500.00
10� 3 EA Spread Spcctrum Radio (SSR) antenna Install S 125.00 S 250.00
106 12 EA VIVtDS (video detection camera) Remo��e S 175.00 S 2,100.00
I07 4 EA Pan/7'ilUZoom camera (PTZ) Remove S 175.00 S 700.00
108 4 EA Advance radar detection Remove S 175A0 � 700.00
109 8 EA Presence radar detection Remove S 175.00 $ 1,400.00
110 S EA Opticom detector Remove S 125.00 S 1,000.00
1 1 1 4 GA Wircless radio with antenna(s) Remo��c S 125.00 5 500.00
1 12 4 EA S read S ectrum Radio (SSR) antenna Remove S 125.00 S 500.00
113 2 EA Roadside 11asl�er beacon assembl (solar owered) Iustall S 2,000.00 � 4,000.00
114 2 EA Roadside flashcr bcacon asscmbly Removc S 500.00 $ 1,000.00
DocuSign Envelope Ip: 1EAA4191-48E7-43AGB2D3-907F8328AC9B
Est.
Item Annual UO�VI Product Description Description 2 Unit Price Extended Price
Qty
1 l5 48 EA Pedestrian head with LED insen on metal ole Install S 250.00 $ 12,000.00
1 IG 32 F,A Pedesirian head with LED insert on timbcr pole Install S 250.00 $ 8,000.00
117 48 EA Pedestrian butto�i station assembly on mefal pole Install S 125.00 $ 6,000.00
t 18 32 I:A Pedestrian button station assembly on timber pole Instalf S 125.00 S 4,000.00
119 24 GA Pcdcstrian usl� button �olc asscmbl Instalt S 350.00 � 8,400.00
120 3G 6A Pedestrian push button pole assembl a-ith 4' pole i'umish and Listall S 950.00 S 34,200.00
12l 12 EA Pedestrian ��ush buttou ole assembly with 1G pole �urnish and Instal( S 1,150.00 $ 13,800.00
122 24 EA Pedestrian hcad Remove S 100.00 $ 2,400.00
123 24 f;A Pedestrain button station Remo�e S 75.00 S 1,800.00
124 8 BA Pedestrain pash button pole assembly Remove S 250.00 5 2,000.00
125 C00 LI' Lino-coat steel wire strand (3/IG in) Pimiisli and install S 2.00 S 1,200.00
12G 1,600 LI� "l.,inc-coat steel wire strand (1/4 in) rurnish and install S 2.00 $ 3,200.00
127 600 LF Zinc-coaf sreel wire strand {5/16 in) Fumish and instafl S 2.00 $ 1,200.00
128 G,S00 LF Zino-coat steel wire strand (3/8 in) Furnisl� and install S 2.00 S 13,600.00
129 1,200 LF 7inacoat stee( wire strand Remove S 1.00 S 1,200.00
130 2 EA Entire mast arm pole intersection, 3 pole desi n Remove S 3,500.00 $ 7,000.00
131 2 EA Entire mast arni pote intersection, 4 pole design Remove S 4,500.00 $ 9,000.00
132 1 LA L'ntire timber pole intersection, 3 pole desi n Remove S 3,000.00 $ 3,000.00
133 2 PA Entire timber pole intersec[ion, 4 pole design Remove S 3,500.00 $ 7,000.00
134 t4,200 LF Traffic Signal Cabfe (Type A) 14 AWG (7 conductor) Furnish and Install S 1.65 S 23,430.00
135 400 LF 1'raffic Signal Cablc (Type A) 14 A�VG (9 conductor) Furnish and Listall S 1.85 $ 740.00
136 400 LP Traffic Signal Cable (Type A) 14 AWG (]0 conductor) Furnish and Install S 2.00 $ 800.00
137 4,800 LF Traftic Signal Cable (T'ype A) 14 AWG (21 conductor) Purnish and Instatl S 4.00 5 19,200.00
138 4,800 LP Traffic Signal Cablc (Typc A) 14 AWG (25 conductor) Pumish and Install S 5.00 $ 24,000.00
139 300 LF Traffc Signal Cable (T��e C) 12 AWG (2 conduetor) Pur��ish and Install S 1.50 S 450.00
140 300 LF Trafiic Signal Cable (Type C) 14 AWG (2 conductor) Fumish ancl Install S 1.00 $ 30Q00
141 300 LF "Craftic Signal Cable (Type C) 18 AWG (2 conductor) Furnish and Install S 1.00 $ 300.00
t42 950 LF Electric conductor stranded (No. 4 AWG) insalated Furnish and Install S 2.00 $ 1,900.00
143 200 LF Elecvic conductor stranded (No. 4 AWG) bare Furnish ai�d histall S 2.00 S 400.00
144 600 LF Gleciric c�onductor stranded (No. 6 AWG) insulatcd Furnish and 6istall S 1.75 � 1,050.00
145 200 LF Electric coi�ductor strai�ded (No. 6 AWG) bare Purnish and Listall S 1.75 S 350.00
146 200 LF Electric conductor solid (No. 6 AWG) bare Fuinish and Install S 1.75 $ 350.00
147 325 LI' �Icctric conductor stranded (No. 8 AWG) insulated Fumish and Install S 1.50 $ 487.50
148 125 LP Glectric conductor stranded (I�'o. 8 AWG) bare Fw7iish a�td Install S 1.50 S 187.50
149 4,600 [.F Tray Cable 12 AWG (3 conductor) Furnish and Install S 1.50 S (,900.00
150 4,G00 LF "rray Cable 14 AWG (3 conductor) Furnish ai�d [nstall S 1.00 S 4,600.00
151 720 LF Tray Cable I6 AWG (3 conductor) Furnish and Install S 1.00 5 720.00
152 450 LF Tray Cable 12 AWG (4 conductor) Furnish and Install S 1.00 5 450.00
153 320 LF Tray Cable 14 AWG (4 condiictor) Furnish and Install S 1.00 � 320.00
1 S4 2,400 L[ G'T1' Opticom System Cable 20 AWG (3 conductor) black sheilded Pumish and Install S 1.25 5 3,000.00
155 1,000 LF Belden 7919A Cat SI: black sheilded or equal Furnish and Install S 3.00 S 3,000.00
156 1,500 LF Multicondutor cable (1/4" O.D. arid smaller ) Install S I.00 S I,500.00
1 S7 1,300 LP Multicondutor cable (S/I6 "- 3/8" O.D.) Install S 1.00 S 1,300.00
158 1,200 LF Multicondutor cable (7/16" - 5/8" O.D.) Install S L50 $ 1,800.00
1 �9 1,200 LF Multicondutor cable (11/I6" -718" O.D.) Install 5 1.50 � 1,800.00
160 1,500 �P Single or multicondutor cable (1/4" O.D. and smaller ) I2emove S 0.50 S 750.00
161 1,500 L}� Single or multicondutor cable (5(IG "- 3/8" O.D.) Remove S 0.50 � 750.00
162 1,500 LP Single or miilticondutor cable (7/I6" - 5/8" O.D.) Remove S 0.50 S 750.00
163 1,500 I.F Single or nmlticondutor cable (1 U1G" -7/8" O.D.) I2emo��e S O.SO S 750.00
Additional Services
F.st.
Item Annual U0�1 Product Descri�tion Unif Pricc
Qry
164 400 Hourly Contractor Services Price Per Hour with Aerial "I'ruck 5250.00
165 I600 f iourly Contractor Services Price Per Ifour for span wire intersections 5500.00
1 GG 1 G00 Hourly Contractor Scrvices Pricc Pcr Fiour for mast arm polc intcrscctions S500.00
167 N!A % Mobilization 510.00
1G8 2 Ea Mobilization per hitersection $3,000.00
DocuSign Envelope ID: 1 EAA4191-48E7-43AGB2D3-907F8328AC9B
Exhibit �
House Bi1189 - Government Code 2270
VERIFICATION
j Roy Bean II
�
i"epreSelllatlVe Of Bean E1 ectri cal , znc
the undersigned
Company or Business name
(hereafter refen•ed to as companx� being an adult over the age of eighteen (18)
years of age, verify that the company named-above, under the provisions of
Subtitle F, Title 10, Government Code Chapter 2270:
l. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Company, business or individual with City of Denton.
Pics�suant to Section 2270.001, Texas Gove�nment Code:
1. `Boycott Is��ael " rneans ��efusin�g to deal with, te�°minating bzcsiness activities
with, o� othe�wise taking any action that is intended to penalize, inflict
economic hai�m on, or- limit comn2ercial �elations specifically with Israel, or
with u pef�son or entity doing business in Is�ael o� in an Isr�aeli-controlled
ter�rito�y, but does not include an action made fo�� oNdinaf�y business
pu��oses; and
2. "Company" means a fo� profit sole prop�ietorship, o�ganization,
association, co�po�ation, partnership, joint ventu��e, limited partne�ship,
limited liability paytnes�ship, o� any limited liability cornpany, including a
wholly owned subsidiary, majof�ity-owned subsidiary, parent co��paf�y o��
affiliate of those e��tities or buszn�ess associations tliat exist to make a prof t.
Roy Bean II
Name of Coinpany Representative (Print)
DocuSigned by:
1� v�'v �t
Si ��'�2�4�6Company Representative
11/1/2018
Date
DocuSign Envelope ID: 1EAA4191-48E7-43AC-B2D3-907F8328AC9B
Exhibit H
Senate Bill 252 -Government Code 2252
CERTIFICATION
I� Roy aean zz , the undersigned
i'�pP�SelltatlVe Of Bean E1 ectri cal , Inc
(Company or business name) being an adult over the age of eighteen (18) years of
age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and
Section 2252.153, certify that the company named above is not listed on the
website of the Coinptroller of the State of Texas concez-ning the listing of
companies that are identified under Section 806.051, Section 807.051 or Section
2253.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of
the State of Texas which do business with Iran, Sudan or any Foreign Ter-rorist
Organization, I will iinmediately notify the City of Denton's Materials
Matlagement Department.
Roy Bean II
Name of Company Representative (Prin�)
DocuSigned by:
� ✓ �'v l �
Sig ���ZC�mpany Representative
11/1/2018
Date
���u�i�.
s
� §�CUW�tt
Certificate pf Completion
Envelope id: 1 EAA419148E743ACB2D3907F8328AC9B Status: Sent
Subject: City Council Docusign Item - 6897 Traffic Signal Maintenance
Source Envelope:
Document Pages: 36 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 0 Jamie Cogdell
AutoNav: Enabled 901 B Texas Street
Envelopeld Stampi�g: Enabled Denton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada) Jamie.Cogdell@cityofdenton.com
IP Address: 129.120.6.150
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Status: Original Holder: Jamie Cogdeii Location: DocuSign
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Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
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Roy Bean II
cbean@beanelectrical.com
President
Bean Electrical, Inc
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ID: a68764bf-cc90-41cb-bc6f-58b81b921a35
Todd Estes
todd.estes@cityofdenton.com
Director/City Engineer
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ID:7da722f5-Of55-4d13-bcba-cc4ac88a85d2
CDocuSigned by:
M,� �;�w���
7F9D3288F020GE5_.
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
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04880C4802804F6...
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aEA15293420A487...
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Tabitha Milisop
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City of Denton
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Todd Hileman
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ID: 57619fbf-2aec-4b 1 f-805d-6bd 7d9966f21
Jennifer Walters
jennifer.walters@cityofdenton.com
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Sherri Thurman �,,,,� �T ��— Sent: 10/31/2018 8:51:13 AM
sherri.thurman@cityofdenton.com � �
City of Denton
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Jane Richardson
jane.richardson@cityofdenton.com
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Jennifer Bridges
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Jane Richardson
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Annie Bunger
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Roy Bean II, Todd Estes, Todd Hileman
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City Hall
City of Denton 215 E. McKinney St.
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Legislation Text
File #: ID 18-1993, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, approving a City sponsorship in an amount not to
exceed $15,600 of in-kind services and resources for the Denton Holiday Lighting Festival on Friday,
November 30, 2018, from 4:00 p.m. to 10:00 p.m., to be held on the square in downtown Denton; and
providing an effective date.
City of Denton Page 1 of 1 Printed on 11/21/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City of Denton
_ . City Ha11
��� 5 215 E. McKinney Street
tiY
�"� �� �" Denton, Texas
www. cityo fdenton. com
DEPARTMENT:
DCM:
DATE:
AGENDA INFORMATION SHEET
Parks and Recreation
Bryan Langley
November 27, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, approving a City sponsorship in an amount not to
exceed $15,600 of in -kind services and resources for the Denton Holiday Lighting Festival on Friday,
November 30, 2018, from 4:00 p.m. to 10:00 p.m., to be held on the square in downtown Denton; and
providing an effective date.
BACKGROUND
The 30�h Annual Denton Holiday Lighting Festival is organized by a volunteer association and is funded
entirely by donations and grants. The purpose of the festival is to provide a free family-friendly community
tradition to kick off the City's holiday shopping season with the support of local merchants and the Main
Street Association. The festival is held on the square in downtown Denton on Friday, November 30, 2018,
from 4:00 p.m. to 10:00 p.m.
This free festival includes holiday decorations, 32 booths, food vendors, family-friendly activities, the
Main Street Association's Wassail Fest, and live entertainment that features local performers, local school
music groups, and local dance groups. Festival organizers anticipate 15,000 in attendance.
The Denton Holiday Festival Association Board is requesting the City of Denton participate as a sponsor
for in-kind services and resources for security, Fire/EMS, permits, and expenses relating to street closure
barricades and the rental of tables and chairs (Exhibit 5). In exchange for the support, the City of Denton
will be considered an event sponsor at a sponsorship level equal to the value of the in-kind services and
resources rendered.
RECOMMENDATION
Staff recommends approval.
PRIOR ACTION/REVIEW
On November 7, 2017, City Council authorized sponsorship not to exceed $5,300 under Ordinance
2017-333.
FISCAL INFORMATION
The following fees and expenses represent the estimated value of in-kind services, personnel, resources,
and expenses not to exceed $15,600.
Park Maintenance, Fire/EMS, and Police Dept. Personnel Expenses
$1,556 Park Maintenance � Value based on estimated hours and average rate of pay
$3,420 Fire/EMS � Value based on estimated hours, flat rate of pay, and ambulance standby fees
$8,352 Police Dept. � Value based on estimated hours and average rate of pay
$13,328 Total Public Safety and Park Maintenance Expenses
Additional Expenses
$596 Rental fee for tables and chairs � Value based on estimate from rental company
$1,350 Rental fee for barricades � Value based on estimate from barricade company
$200 Value based on the Carnivals and Fairs Operational Permit fee
$30 Value based on the Special Event Application fee
$2,176 Total Additional Expenses
Including this event, the City Council will have authorized a total of $26,810 in sponsorship support for
four community events in the current fiscal year.
A provision added to the Sponsorship Letter alerts event organizers of their responsibility for damages
caused to City property, beyond normal wear and tear, during the hosting of their events. All sponsorships
where City facilities or services are requested for free or at a reduced rate require City Council approval.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Liveable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area
Related Goal:
EXHIBITS
Safe, Liveable & Family-Friendly Community
Provide and support outstanding leisure, cultural, and educational
opportunities
Exhibit 1 Agenda Information Sheet
Exhibit 2 Ordinance
Exhibit 3 Sponsorship Letter
Exhibit 4 Letter of Request
Exhibit 5 In-Kind Support
Respectfully submitted:
Gary Packan
Director, Parks and Recreation
Prepared by:
Maria Denison
Marketing Administrator
S:A1.egal\Our pocmnents\OrdinancesU 8\Ordinance - Denton Holiday Liglriing Festival.docx
ORDINANCE NO.
AN ORDINANCL OI, TIIE CITY OP DLNTON, APPROVING A CITY SPONSORSHIP IN AN
AMOUNT NOT TO EXCEED $15,600 OF IN-KIND SERVICES AND RESOURCES FOR THE
DENTON HOLIDAY LIGHTING FESTIVAL ON FRIDAY, NOVEMBER 30, 2018, FROM 4:00
P.M. TO 10:00 P.M., TO BE HELD ON TH� SQUARE IN DOWNTOWN DENTON; AND
PROVIDING AN EFPECTIV� DATE.
WHEREAS, the Denton Holiday Festival Association is requesting the City Council of the
City of Denton to participa�e as a sponsor for in-kind services and resources for the Denton Holiday
Lighting Festival ("the Festival"), which will be held on the square in downtown Denton on Friday,
November 30, 2018, from 4:00 p.m. to 10:00 p.m.; and
WHEREAS, the purpose of the Denton Holiday Lighting Festival is to provide a free family-
friendly community tradition to kick off the City's holiday shopping season; and
WH�REAS, the City of Denton will sponsor up to $15,600 of in-kind services and resources
for the Festival, which will include security, Fire/EMS, permits, and expenses relating to street
closure barricades, and the rental of tables and chairs; and
WH�REAS, in exchange for additional support, the City of Denton will be considered an
event sponsor of the Denton Holiday Lighting Festival at a sponsorship level equal to the total value
of the sponsorship provided herein; and
WHEREAS, the City Council of the City of Denton finds that it is in the public's interest
and benefit to the citizens of the City of Denton to participate as a sponsor at a level not to exceed
$15,600 of in-kind services and resources for the Festival to be held on the square in downiown
Denton on Friday, November 30, 2018, from 4:00 p.m. to 10:00 p.m.; NOW, THEREFORE,
1'I�E COUNCII� OF "I'HE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton finds that it is in the public interest
and benefit to the citizens of the City of Denton to participate as a sponsor at a level not to exceed
$15,600 for in-kind services and resources for security, Fire/EMS, permits, and expenses relating
to street closure barricades, and the rental of tables and chairs for the Festival, which will be held
on the square in downtown Denton, on Friday, November 30, 2018, from 4:00 p.m. to 10:00 p.m.,
and that said participation as a sponsor is hereby approved.
SECTION 2. �l his Ordinance shall be effective immediately upon its passage and approval.
Thc motion to approve this Ordinance was made by and
seconded by
the following vote � - _]
This Ordinance was passed and approved by
S:ALegal\Our pocuments\Ordinances\18\Ordinance - Denton Holiday Lighting Pes[ival.docx
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of , 2018.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C
APPROVED AS TO L�GAL FORM:
AARON LF,AL, CITY ATTORNEY
:1
CHRIS WATTS, MAYOR
f
//, �� � ,,.
/� ' ' � � .
r �i ,, ? ' � ,�
November 27, 2018
Exhibit 3
City of Denton Parks and Recreation Department
601 E. Hickory St., Suite B, Denton, TX 76201 •(940) 349-7275
Mrs. Kate Lynass
Denton Holiday Festival Association
PO Box 2765
Denton, TX 76202
Dear Mrs. Lynass:
On November 27, 2018, your sponsorship request was approved by City Council in an amount
not to exceed $15,600 of in-kind services and resources provided by the City of Denton for the
30�h Annual Denton Holiday Lighting Festival to be held on the square in downtown Denton on
Friday, November 30, 2018, from 4:00 p.m. to 10:00 p.m.
The City of Denton is proud to be a sponsor and will provide basic and critical support to the
festival as outlined below. As part of the approval process, City Council may request to see a
report of revenues and expenses for the 2018 Denton Holiday Lighting Festival included in the
association's request for future sponsorship.
The following is a summary of in-kind services and resources and the sponsorship role
assumed by the City of Denton and the Denton Holiday Festival Association Board.
City of Denton Park Maintenance, Fire/EMS, and Police Departments
Park Maintenance, Fire/EMS, and Police Dept. Personnel Expenses
$1,556 Park Maintenance � Value based on hours and average rate of pay
$3,420 Fire/EMS � Value based on hours, flat rate of pay, and ambulance standby fee
$8,352 Police Dept. � Value based on hours and average rate of pay
$13,328 Total Public Safety and Park Maintenance Expenses
Additional Expenses
$596 Rental fee for tables and chairs � Value based on estimate from rental company
$1,350 Rental fee for barricades � Value based on estimate from barricade company
$200 Value based on the Carnivals and Fairs Operational Permit fee
$30 Value based on the Special Event Application fee
$2,176 Total Additional Expenses
OUR CORE VALUES
Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service
ADA/BOB/ADBA www.cityofdenton.com TDD (soo) 735-29s9
Denton Holiday Festival Association Board
The Denton Holiday Festival Association Board will provide all planning, managemen�,
and organization for �he festival.
2. Festival organizers will submit a Special Event Application complete with a layout of the
vendor locations, public safety plan, site map, litter and recycling agreement, and schedule
of events to the City's Special Events Supervisor prior to the festival.
Festival organizers are responsible for securing all permi�s, licenses, insurance, and
approvals necessary �o s�age �he festival as s�a�ed in penni� applications. The Special
Events Supervisor will provide information �o help facili�a�e �hese processes, if needed.
4. Festival organizers assuine all liability in connection with the 30�h Annual Denton Holiday
Lighting Festival, including but not limited to damages done to City property whatever the
cause, while hosting this festival, and agrees to reimburse the City for reparations within
30 days of no�ice/invoice.
5. Festival organizers will promote the festival as a"Litter Free Event" in accordance to
Resolution R2008-004 for events held on City property and agree to promote recycling
and ensure that downtown Denton is free from litter resulting from the festival.
6. Festival organizers will charge and collec� all Park Vendor's Fee consis�en� wi�h �he Ci�y
of Den�on ordinance and remi� �hese fees wi�hin iive worlcing days after �he festival.
7. Festival organizers and vendors are responsible for �heir own se�-up and �alce-down,
including �en�s, lighting, e�c., before and after �he festivaL The Ci�y will no� provide labor
for festival vendors.
8. The Ci�y of Den�on will be recognized as a sponsor a� �he appropria�e level in promotional
ma�erials and all advertising, including any use of a Ci�y logo, mus� be submitted �o �he
Special Events Supervisor for approval from �he Parks and Recreation Depar�men�.
The City of Denton is excited about the Denton Holiday Lighting Festival and its continued
success.
Sincerely,
Gary Packan
Director, Parks and Recreation
I hereby agree to the foregoing conditions required for a City of Denton sponsorship.
Kate Lynass, Denton Holiday Festival Association Date
2
Exhibit 4
November 5, 2Q 1$
City of Denton City Council
215 E. McKinney Sfreet
Denta�a, TX 76201
RE: Request %r suppo�! 201 S
Dear Mayoz Watts and Council nzembers,
The Denton Holiday �'estivaI Association Board is ir� the naidst oiorganizing the 30`�' Annual
Denton Holiday Li�;hting Festival, held on the histo�•ic downtow�l Square. A City of Dentan
t�•adiiion since 1989, th� Board's goal is to keep the fi•ee fa�nily-fi•iendly event and tradition alive,
fi•esh, a��d anticipated by the co�nmunity. The I'estival emphasizes local perforine�•s, local sci�ool
tnusic groups, and local daz�ce groups witl� a�nain stage �inale of a"M�.�sical Spectacular"
comprised of sev�ral local bands and artists with an orck�estra, arranged & conducted by David
1'ier•ce. Local m�rchants and retail establishtnents coz�tribute io the lestivc mood with merchant
speciais, holiday decorations, and the Mai�� St�•�et Association's Wassail ��est. Tlais y�ar's evez�t,
whicl� kicks of�'the city's holiday shoppir��; s�ason, will occux� on Friday, Navember 30, 20l $,
T�e Holiday Lighting Festival is operat:ed entirely by a volunteer board of directors a�ad is
fu€nded completely by donations and graiits. We appreciate the suppo�•t of indi�iduals,
businesses, and local gover��ment %r this annual event. In 2016, Denton County Co�nmissioners
Court toak over the costs and contract for eco-friendly LED lights on the Cnurthouse-on-th�-
Square lawn & the Lee Walker Christmas ti•ee.
By this letter, we ask t�at the City of Denton continue its same le�vel of service for the Festival by
providi�ag barricades far street closures around the Square, tables and c�aairs for the vendors and
�nusicians irom pa�•ks & Recr�atian, and assistance of various city staff inembers inc�uding
police ar fir� department i��e��abers in p1an�lin�; �"or and during the event.
In addition, the Baard would like the ci#y cauncil to consider using son�e of the City's Tree Fu��d
ta purchas� NelIie R. Stevens Hally pla�lts or sprigs for visitars to iake home. Denta� County
repiaced the previous Lee Walker 1'ree with a] 2-foot holly this year, and the Board would Iike
to recognize Ms. Walker's contributian to the city and county and explair� the significance of
repIacing the tree at this time. We envision workin�; wiih Keep Denion Beautiful, Denton Par�Cs
& Rec, and Texas A&M AgriLife staff and volunteers to hand out the 1�oIly plants and contribute
ta green space withir� the city.
Po �3o-w z7�s, De�-�.� Te.x.a� 7�zoz, .c�-,,,�,
With the expanded footprint in 2017 needed du� to incr�ased sec�rity concerns, the nuniber of
visitors for ihe one nig�� event increased from an estirnated 10,000 to I5,000 in previaus years to
an estin�ated 15,000 to 20,000. Many of those visitors stayed overnight in the Denton hotels, ate
in the restaurants, or purchased merchandise fi•o��l the Dow�atown stores. Col(aborating with the
Main Street Association, Denton County Tra��sportation A�tl�arity, and local chur-ches and
charities, the one night event has expa��ded into a weekend of events that celebrate tlle City of
Dezxion.
'�'hank you for c�nsidering our two requests. W� look farward ta la�ari��g fram you and
conti�luing this long-standin� tradition.
Sincerely,
/'
,
;�� ���N� .
Kaie Lynass, Past Chair
Denton HoIiday �'estival l�ssaciatior�
1cr1 �l��ss c�,ac�l.cf�i��
94�0-395-3581
cc: Mic�lelie Boerst, Chair DHFA
��n,;��sc���tx.or�
PO (3o�w 27�5, D2w�-rn., Te�caS� 7�2D2, ,r�j,,,,,
November 5, 2018
The Denton Holiday Lighting Association would like to ask the City of
Denton to waive the $200 Carnivals and Fair Permit Fee, as well as the
$30 special event application fee for our event on November 30th. The
event is the Denton Holiday Lighting Festival.
This year marks the 30t" year of our event in Denton.
Thank you for allowing us the opportunity to kick off the Holiday
Season in Denton County.
Regards,
�„�
, �...J �✓
Michelle Boerst
Chair, DHLA
GENERAL EVENT INFORMATION
Official Name of Event: Denton Holidav Li_�htin� Festival
Start Date: November 30, 2018_End Date: November 30, 2018
Briefly describe your event. Be sure to include the purpose of the event and other planned
activities.
A downtown family friendly event with live music food vendors and other family friendly activities.
lndicate the setu , start, sto , and tear down times for each da of the week the event will be held.
EVENT DATE SUN MON TUE WED THUR FRI SAT
SETUP TIME 6:00 AM
START TIME 4:00 PM
STOP TIME 10;00 PM
TEAR DOWN
/CLEAN UP 11:00 PM
COMPLETE
Location of Event: Downtown Denton Square
Estimated Attendance: 5,000 Number of Booths:32
Will you have: 0 Food 0 Alcohol 0 Vendors 0 Amplified Sound
Event Organizer Information:
Primary Contact: Wallace Cam�bell
Phone
& Cell: 940 231-8210
Fax: E-Mail: wcampbell(c(�twu.edu
Address: 2301 Bolivar
Denton City: TX_State:76201 76201
Zip: 76201
Phone
Secondary Contact: Michelle Boerst & Cell: 940 231-6831
Fax: E-Mail michell(cr�,sontx.or�
Address:
City: State: Zip:
2018 HOLIDAY TREE LIGHTING IN—KIND SUPPORT
PERSONNEL HOURS
ulllll�u ii�u u�ui�u uiii�i u ui�ui IuV �iiioi u�u uiTi u�o uiu ui i � u�u I�uui uimu u�uiui ... uuu�i��uuTi u�ui ludi u�� u�
Parks Staff 36.00 8.00
Officers
i i ii uii uiii ii�ii iiu iiii i
Paramedics
PERSONNEL+ RELATED EXPENSES
PARD Regular
PARD Overtime
Paramedic on stand-by
Ambulance on Stand-by
Total PD Hours
ADDITIONAL FEES
III olllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
��I
Rental Fee Tables & Chairs
Barricades Fee
Carnival and Fair Permit Fee
Special Event Application Fee
9.00
�i mi mu id
6.00
6.00
30.00
42.00
6.00
144.00
$595.59
$1,350.00
16.00
i�� uii i iii
7.00
$33.84
$45.11
$60.00
$150.00
$58.00
$200.00
$30.00
Exhibit 5
$15,503.93
288.00
288.00
144.00
imli uiii mu i iii
42.00
42.00
144.00
$203.04
$1,353.30
$1,556.34
� a
$2,520.00
$900.00
$3,420.00
� a
$8,352.00
$8,352.00
$595.59
$1,350.00
$200.00
S3o.00
$2,175.59
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
��������'���
Legislation Text
File #: ID 18-2030, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance authorizing the settlement of litigation styled City of Denton, Texas v. Robert
W. .Iones, Trustee of the .Iones Family Trust, Cause No. PR-2015-00509, currently pending in the Probate Court
of Denton County, Texas, regarding the acquisition of fee and easement interests required for the widening of
Bonnie Brae Street in the Total Settlement Amount of Three Hundred Forty-Five Thousand Five Hundred Forty
-Six Dollars and No Cents ($345,546.00); authorizing the City Manager and City Attorney to effectuate the
settlement; authorizing the expenditure of funds therefor; providing a savings clause; and providing an effective
date. (Bonnie Brae Street project - Phase 3- Parcel 17)
City of Denton Page 1 of 1 Printed on 11/21/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City of Denton
_ . City Ha11
�� � 5 215 E. McKinney Street
tiY
�� �� �" Denton, Texas
www. cityo fdenton. com
DEPARTMENT:
AGENDA INFORMATION SHEET
Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: November 27, 2018
SUBJECT
Consider adoption of an ordinance authorizing the settlement of litigation styled City ofDenton, Texas v.
Robert W. .Iones, Trustee of the .Iones Family Trust, Cause No. PR-2015-00509, currently pending in the
Probate Court of Denton County, Texas, regarding the acquisition of fee and easement interests required
for the widening of Bonnie Brae Street in the total settlement amount of Three Hundred Forty-Five
Thousand Five Hundred Forty-Six Dollars and No Cents ($345,546.00); authorizing the City Manager
and City Attorney to effectuate the settlement; authorizing the expenditure of funds therefor; providing a
savings clause; and providing an effective date. (Bonnie Brae Street project — Phase 3— Parcel 17)
BACKGROUND
In respect to the Bonnie Brae Widening and Improvements project — Phase 3 initiative, numerous street
right-of-way fee tracts and various easement tracts were identified as tracts necessary for the Project,
encumbering land tracts owned by the Jones Family Trust (Parcel 17). As the City and the landowner
were making preparations to litigate the matter, the landowner has presented an offer for complete
settlement of the case, on agreement terms favorable to the City in respect to the planned road project
contractor schedule period and certainty of the cost for the land right(s) necessary for the project.
OPTIONS
1. Approve proposed ordinance
2. Decline to approve proposed ordinance
3. Table for future consideration
RECOMMENDATION
Staff recommends approval of the ordinance.
ESTIMATED SCHEDULE OF PROJECT
Road design documents targeted for completion and bid advertisement in November 2019. Anticipated
construction start March 2020 (2-year project).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council closed session briefing(s): November 13, 2018 and May 5, 2015.
Ordinance 2015-146 — May 5, 2015 — eminent domain authorization
FISCAL INFORMATION
The Bonnie Brae Widening & Improvements project — Phase 3 is being funded with a combination of
Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIl'
'08) funds and City of Denton local match funds. The overall costs of the fee and easement tracts being
sought are to be funded through a combination of these funding sources. The settlement purchase of the
tract(s) at hand, if approved, will be funded out of the Streets Capital Project Fund account
established for the Project: 350288402.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
1 - Agenda Information Sheet
2 - Location map
3 - Site map
4 - Ordinance
Prepared by:
Paul Williamson
Public Infrastructure
21 Optimize resources to improve quality of City Roadways
Respectfully submitted:
Todd Estes, P.E.
Director Capital Projects/City Engineer
EXHIBIT 2 attachment to AIS
Location Map
Bonnie Brae - Phase 3
Parcel 17
Jones Family Trust
N
W E
,S.
0 750 1,500 3,000
Feet
�,,� �
11 � ,�
S:ALegal\Our pocuments\OrdinancesU 8�lones �amily Trust Settlen�enf - Donnie Qrae Phase 3- Parcel 17 - TL rev clean.docx
EXHIBIT 4 attachment to AIS
ORDINANCE NO.
�N ORDINANCE AUTHORIZING THE SETTLEMENT OF LITIGATION STYLED CITY OI'
D�NTON, 'IEXAS V. ROB�RT W. JONFS, TRUST�EOFTH�JONESFA1�lILYTRUST, CAtJSE
NO. PR-2015-00509, CURRENTLY PENDING IN THE PROBATE COURT OF DENTON
COUNTY, TEXAS, REC'JARDING THE ACQUISI�T�ION OF FEE AND EASEMEN`I'
INTERESTS REQUIRED FOR THE WIDENING OF BONNIE BRAE STREET IN THE
TOTAL SETTL�MENT AMOUNT' OF THREE HUNDRED FORTY-FIVE THOUSAND FIVE
HUNDRED FORTY-SIX DOLLARS AND NO CENTS ($345,546.00); AUTHORIZING THE
CITY MANAGER AND CITY ATTORNEY TO EFFECTUATE THE SEZ'TLEMENT;
AUTHORI7ING TIIE EXPENDITURF OF FUNDS THEREFOR; PROVIDING A SAVINGS
CLAUS�; AND PROVIDING AN EFI'ECTIVE DATE. (Bonnie Brae Street project — Phase 3—
Parcel 17)
THE COUNCIL OF THE CITY OF DENTON I-IEREBY ORDAINS:
SECTION 1. The Ciiy Council approves the proposed settlement in litigation styled City
of Denton, Texas v. Robert u� Jones, T�ustee of the Jones Faf�niXy Tr�ust, Cause No. PR-2015-
00509, currently pending in the Probate Court of Denton County, Texas in the total settlement
amount of Three Hundred Forty-Five Thousand and Five Hutldred Forty-Six Dollats and No Cents
($345,546.00�
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Settlement and Purchase Agreement (the "Agreement"), attached hereto as Exhibit "A" and
incorporated herein by reference.
SECTION 3. The City Manager and City Attorney are hereby author•ized to carry out the
duties and responsibilities of the City under the Agreement, including, but not limited to, the
expenditure of funds as provided in the Agreement.
SE.CTiON 4. The Ci�y M�,n�g�r �nd City Attorney9 c�Y t�heir ci�si�neess �r� h�rehy
authorized to execute any and all other documents necessary and appropriate to effectuate the
terms of settleinent, expend budgeted funds, and to take other actions necessary to fitlalize the
settlement.
SECTION 5. The provisions of this ordinance shall govern and control over conflicting
provisions of previously applicable ordil7ances. To the extent the previously applicable ordinances
do not conflict or do not apply to t17e settlement, those Ordinances shall continue in full force and
effect.
SEC"I'ION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and
seconded by . The ordinance was passed and approved by
�he following vote � - �:
Aye Nay Abstain Absent
Cliris Watts, Mayor:
Geraz•d Hudspeth, District 1:
Keely G. Briggs, Dish�ict 2:
Don DufF District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Flace 6:
PASSLD AND APPROVED this the day of , 2018.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY AZ, I'ORNEY
��.�.� � -__
BY: �
�
�:/:11-3�i�1 . . � �� . , , , , , . , -
SETTLEMENT AND PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOV�, HAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHA.PTER 552, GOVERNMENT CODE.
THIS SETTLEMENT AND PURCHASE AGREEMENT (the "Agreement") is dated
2018, but effective as of the date provided betow, between ROBERT
W. JONES, TRUSTEE of the JONES FAMILY TRUST (referred to collectively herein as
"Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, the JONES FAMILY TRUST is the Owner of a tract of iand (the "Land") in
the A. Tomkins 5urvey, Abstract No. 1246, and the O. S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being affected by the Bonnie Brae Road Widening and Improvements
Project ("Bonnie Brae Project") referred to herein as the "Project");
WHEREAS, City is in need of certain (i} fee simple lands, being a part of the Land; and (ii)
easements, being a part of and encumbering the Land, related to the Project;
WHEREAS, City filed condemnation proceedings to acquire the property interests under its
power of eminent domain; and,
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project and to resolve
the pending condemnation case styled, CITYOFDENTI�N, TEXAS v. ROBERT W. JONES, TRIISTEE
OF THE .iONES FAMILY TR�I.ST, Case No. PR-2015-00509, filed in the Probate Court of Denton
County, Texas;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
fo(lows:
l. A. At Closing, the Owner shail grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so called) conveying to the City, subject to the reservations described
below the tracts of land being described as follows:
i. Fee Parcel 1 Being a 0.38 acre tract of land situated in the A. Tompkins Survey,
Abstract No. 1246, and the O.S. Brewster Survey, Abstract No. 56, Denton County,
Texas, being a portion of a tract of land conveyed to Berniece K. Jones and Robert
W. Jones, as recorded in Volume 773, Page 63, and conveyed by Deed to Jones
Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton
County, Texas (said Fee Parce} 1 being more particularly described in said Special
Warranty Deed attached hereto as Attachment 1)
ii. Fee Parcel 2 Being a 4.03 acre tract of land situated in the O.S. Brewster Survey,
Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to
Berniece I�. Jones and Robert �1V. Jones, as recarded in ��lume 773, Page 63, anc!
conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359,
Deed Records, Denton County, Texas (said Fee Parcel 2 being more particularly
described in said Special Warranty Deed attached hereto as Attachment 1)
iii. Fee Parcel 3 Being a 0.48 acre tract of land situated in the O.S. Brewster Survey,
Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to
Berniece K. Jones and Robert W. Jones, as recarded in Volume �73, Page 63, and
conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 23S9,
Deed Records, Denton County, Texas (said Fee Parce( 3 bein� more particularly
described in said Special Warranty Deed attached hereto as Attachment 1)
Pa
iv. Fee Parcel 4 Being a 0.39 acre tract of land situated in the O.S. Brewster Survey,
Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to
Robert W. Jones, Jr., as recorded in Volume 773, Page 55, and conveyed by Deed to
Jones Family Trust, as recorded in Volume 49I3, Page 2359, Deed Records, Denton
County, Texas (said Fee Parcel 4 being more particularly described in said Special
Warranty Deed attached hereto as Attachment 1)
and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being
attached hereto as Attachment 1 and made a part hereof; and,
B. Utility Slope Easement (the "Easement"), in, along, upan, under, over and across the
tracts of land being described as fol(ows:
i. Utilit S�lo,pe Easement 1 Being a 0.10 acre tract of land situated in the O. S.
Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract
of land conveyed to Berniece K. Jones and Robert W. Jones, as recorded in Volume
773, Page 63, and conveyed by Deed to Jones Family Trust, as recorded in Volume
4913, Page 2359, Deed Records, Denton County, Texas (said Utility Slope Easement
1 being more particutarly described in said Utility Slope Easement attached hereto as
Attachment 2)
ii. Utility Slope Easement 2 Being a 0.04 acre tract of land situated in the O. S.
Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract
of land conveyed to Berniece K. Jones and Robert W. Jones, as recorded in Volume
773, Pa�e f3, and eonveyec3 by Deed to .iones Family Tr�zst, as reeorc3ec! in Volume
4913, Page 2359, Deed Records, Denton County, Texas (said Utility Slope Easement
2 being more particularly described in said Utility S(ope Easement attached hereto as
Attachment 2)
iii. Utilitv Slope Easement 3 Being a 0.10 acre tract of land situated in the O. S.
Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract
of land conveyed to Robert W. Jones, Jr. as recorded in Volume 773, Page 55, and
conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359,
Deed Records, Denton County, Texas (said Utility S(ope Easement 3 being more
particularly described in said Utility Slope Easement attached hereto as Attachment
2)>
3
said Utility and Slope Easement being attached hereto as Attachment 2 and made a part hereof,
for utility and slope purposes, as more particularly described therein, related to the Project; and,
C. Temporary Construction, Gradin� and Access Easement (the "Temporary
Easement"), in along, upon, under, over and across the tracts of land being described as follows:
i. Temporary Construction, Gradin� and Access Easement 1 Being a 0.0174 acre tract
of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County,
Texas, being a portion of a tract of Iand conveyed to Berniece K. Jones and Robert
W. Jones, as recorded in Volume 773, Page 63, and conveyed by Deed to Jones
Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton
County, Texas (said Temporary Construction Grading and Access Easement 1 being
more particularly described in said Temporary Construction Grading and Access
Easement attached hereto as Attachment 3);
ii. Temporary Construction, Grading and Access Easement 2 Being a 0.07 acre tract of
land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas,
being a portion of a tract of land conveyed to Berniece K. Jones and Robert W. Jones,
as recorded in Volume 773, Page 63, and conveyed by Deed to Jones Family Trust, as
recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said
Temporary Construction Grading and Access Easement 2 being more particular{y
described in said Temporary Construction Grading and Access Easement attached
hereto as Attachment 3);
iii. Temporary Construction, �rading and Access Easement 3 Being a Q.OS �cre tract of
land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas,
being a portion of a tract of land conveyed to Robert W. Jones, Jr. as recorded in
Volume 773, Page SS, and conveyed by Deed to Jones Family Trust, as recorded in
Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Temporary
Construction Grading and Access Easement 3 being more particularly described in
said Temporary Construction Grading and Access Easement attached hereto as
Attachment 3);
iv. Temporary Construction, Gradin� and Access Easement 4 Being a 1.16 acre tract of
land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas,
being a portion of a tract of land conveyed to Robert W. Jones, Jr. as recorded in
4
Volume 773, Page 55, and conveyed by Deed to Jones Family Trust, as recorded in
Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Temporary
Construction Grading and Access Easement 4 being more particularly described in
said Temporary Construction Grading and Access Easement attached hereto as
Attachment 3);
that certain Temporary Construction, Grading and Access Easement being attached hereto as
Attachment 3 and made a part hereof, for temporary construction purposes, as more particularly
described therein, related to the Project; and,
D. Slope Easement (the "Easement"), in, along, upon, under, over and across the tracts
of land being described as follows:
i. Slope Easement 1 Being a O.OI acre tract of land situated in the O. S. Brewster
Survey, Abstract No. Sb, Denton County, Texas, being a portion of a tract of land
conveyed to Berniece K. Jones and Robert W. Jones, as recorded in Volume 773,
Page 63, and conveyed by Deed to Jones Pamily Trust, as recorded in Volume 4913,
Page 2359, Deed Records, Denton County, Texas (said Slope Easement 1 being more
particularly described in said Slope Easement attached hereto as Attachment 4);
ii. Slope Easement 2 Being a 0.03 acre tract of land situated in the O. S. Brewster
Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land
conveyed to Robert W. Jones Jr., as recorded in Volume 773, Page 55, and conveyed
by Deed to Jones Fami(y Trust, as recorded in Volume 4913, Page 2359, Deed
Records, Denton County, Texas (said Slope Easement 2 being more particularly
described in said Slope Easement attached hereto as Attachment 4);
that certain Slope Easement being attached hereto as Attachment 4 and made a part hereof, for
slope purpases, as more particularly described therein, related to the Project; and,
E. Draina�e Easement (the "Easement"), in, along, upon, under, over and across the tract
of land being described as follows: Being a 0.04 acre tract of land situated in the O. S.
Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land
conveyed to Robert W. Jones 3r., as recorded in Volume 773, Page 55, and conveyed by Deed to
Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County,
Texas, said certain Drainage Easement being more particularly described in said Drainage
5
Easement attached hereto as Attachment 5 and made a part hereof, for drainage purposes, as
more particularly described therein, related to the Project; and,
F. Sanitarv Sewer Easement (the "Easement"), in, along, upon, under, over and across
the tract of land being described as follows: Being a 0.65 acre tract of land situated in the O. S.
Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land
conveyed to Robert W. Jones Jr., as recorded in Volume 773, Page 55, and conveyed by Deed to
Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County,
Texas, said Sanitary Sewer Easement being more particularly described in that certain Sanitary
Sewer Easement being attached hereto as Attachment b and made a part hereof, for sanitary
sewer purposes, as more particularly described therein, related to the Project; and,
G. Utiti Drainage Easement (the "Easement"), in, along, upon, under, over and across
the tract of land being described as fotlows: Being a 0.01 acre tract of land situated in the O. S.
Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land
conveyed to Robert W. Jones Jr., as recorded in Volume 773, Page S5, and conveyed by Deed to
Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County,
Texas, said Sanitary Sewer Easement being more particularly described in that certain Utility
Drainage Easement being attached hereto as Attachment 7 and made a part hereof, for utility and
drainage purposes, as more particularly described therein, related to the Project;
H. Temporarv Access Easement (the "Easement"), in, along, upon, under, over and
across the tracts of land being described as foilows:
i. Te�orarv Access Easement 1 Being a 0.1154 acre tract of land situated in the
O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a
tract of land conveyed to Berniece K. Jones and Robert W. Jones as recorded in
Volume 773, Page 63, and conveyed by Deed to Jones Family Trust, as recorded in
Volume 4913, Page 2359, Deed Records, Denton County, Texas, (said Temporary
Access Easement being more particularly described in that certain Temporary Access
Easement being attached hereto as Attachment 8);
ii. Temporarv Access Easement 2 Being a 0.9946 acre tract of land situated in the
O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a
tract of land conveyed by Deed to Robert W. Jones, Jr. as recorded in Volume 642,
Page 86, and a portion of a tract of land conveyed to Berniece K. Jones and Robert
0
W. Jones as recorded in Volume 773, Page 63, both tracts are conveyed by Deed ta
Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton
County, Texas, (said Temporary Access Easement being more particularly described
in that certain Temporary Access Easement being attached hereto as Attachment 8);
that certain Temporary Access Easement being attached hereto as Attachment 8 and made a part
hereof, for access purposes, as more particularly described therein, related to the Project;
(and referred to herein collectively as the "Easement Lands"}.
The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1", and (ii) the Utility Slope Easement shail be in the form
and upon the terms as attached hereto and incorporated herein as "Attachment 2" and (iii) the
Temporary Construction Grading and Access Easement shall be in the form and upon the terms
as attached hereto and incorporated herein as "Attachment 3", (iv) the Utility Siope Easement
shall be in the form and upon the terms as attached hereto and incorporated herein as
"Attachment 4" and (v) the Drainage Easement shall be in the form and upon the terms as
attached hereto and incorporated herein as "Attachment 5" and (vi) the Sanitary Sewer Easement
sha(( be in the form and upon the terms as attached hereto and incorporated herein as
"Attachment 6" and (vii) the Utility Slope Easement shall be in the form and upon the terms as
attached hereto and incorporated herein as "Attachment 7" (viii) the Temporary Access
Easement shall be in the form and upon the terms as attached hereto and incorporated herein as
"Attachment 8" (the Fee Lands and the Easement Lands are collectively refened to herein as
the "Property").
Owner, subject to the limitation of such reservation made herein, shall reserve, for themselves, their
heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may
be produced from the Fee Lands. Owner, their heirs, devisees, successors and assigns, shall not have
the right to use or access the surface of the Fee Lands, in any way, manner or form, in connection
with or re(ated to the reserved oil, gas, and other minerals andlor related to exploration and/or
production of the oil, gas and other rninerals reserved herein, including without limitation, use or
access of the surface of the Fee Lands far the location of any well or drili sites, well bores, whether
vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
Fi
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral
support for any surface facilities or well bores, or any other infrastructure or improvement of any
kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related
to the exploration or production of same.
As used herein, the term "other minerals" shail include oil, gas and al( associated hydrocarbons, and
shatl exctude (i) all substances that any reasonable extraction, mining or other exp(oration and/or
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands. The intent
of the parties hereto is that the meaning of the term "other minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. i�ylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall inc(ude the area from the surface of the
earth to a depth of fve hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Property to the City, the City shall pay to
Owner at Closing the sum of Two Hundred Forty-Eight Thousand Five Hundred Thirty-Seven and
No/100 Dollars ($248,537.OQ), which represents the total agreed settlement of Tllree Hundred Forty-
Five Thousand �ive Hundred Forty-Six and No/100 Dollars ($345,546.00), minus the Ninety-Seven
Thousand Nine and No/100 L�allars pr�viously paid to �wner. The monetary compensation
prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation".
3. The Owner sha[1 convey and grant to the City the Property free and clear of all debts, liens and
other encumbrances (the "Encumbrances"). The 4wner shall assist and support satisfaction of ail
closing requirements of the City in relation to solicitation of releases or subordinations of the
Encumbrances and other curative efforts affecting the Property, if necessary in the discretion of the
City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing,
such shall not be a default hereunder, although Owner may otherwise be in default under Section 10,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
8
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice itt writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement.
4. Owner stipulates that the Total Monetary Compensation payment constitutes and includes al)
compensation dve Owner by City related to the Project, including without limitation, any damage to
or diminution in the value of the remainder of Owner's property caused by, incident to, or re(ated to
the Project and/or the transactions contemplated by this Agreement, value of, damage to and/or costs
of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any
other structure or facility af any kind within the Easement Lands, interference with Owner's
activities on the Easement Lands or other property interests of Owner caused by or related to
activities on the Fee Lands related to the Project and/or activities within the scope of the rights
granted by the Easement, whether accruing now or hereafter, and Owner hereby releases for
themselves, their heirs, devisees, successors and assigns, the City, it's officers, employees, elected
officials, agents and contractors from and against any and all claims they may have now or in the
future, related to the herein described matters, events and/or damages.
5. The Closing (herein so called) shall occur in and through the office of WFG National Title
Company 3165 S. Carrier Parkway, Grand Prairie, Texas 75052 ("Title Company"}, with said Title
Company actin� as �s�row a��nt, on th� dat� whi�h is 60 days �ft�r th� Eff�ctiv� IJate, unless the
Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the
event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County
holiday, the Closing Date shall be the next resulting business day.
6. Within ten days of closing, the parties shall file a Joint Motion to Dismiss with prejudice, along
with a proposed Agreed Order of Dismissal signed by the parties' attorneys, whereby Owner /
Defendant waives ali claims to a hearing and for reimbursement for attorney fees, appraiser fees, and
expenses incurred in the condemnation case, Case No. PR-2015-00509, pursuant to Tex. Prop Code
§21.019.
7. The stipulated Tota( Monetary Compensation amount shall be paid by the City at Closing to the
Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the caiendar year
in which the C(osing shall occur shall be prorated and submitted by Owner to the Denton County
Tax Assessor as of the Closing Date. Ad va(orem tax for the calendar year in which the Closing
shall occur shall be tendered under Texas Tax Code Section 26.11. If the actual amount of taxes for
the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration
at C(osing shall be based on the amount of taxes due and payabie with respect to the Property for the
preceding ca}endar year. Owner shall pay for those taxes attributable to the period of time prior to
the Closing Date (including, but not lirnited to, subsequent assessments for prior years due to change
of (and usage or ownership occurring prior to the date of Closing) and City shall pay far those taxes
attributable to the period of time commencing with the Closing Date. All other typical, customary
and standard closing costs associated with this transaction shal( be paid specifically by the City,
except for Owner's attorney's fees, if any, which shal] be paid by Owner.
$. The date on which this Agreement is executed by the City shall be the "Effective Date" of this
Agreement. If the City does not execute this Agreement within sixty (60) calendar days from the
date of Owner's execution hereof, this Agreement shall be null and void ab initio and of no further
force or effect without further action or notice by Owner or City.
9 A. In the event Owner shall default in the performance of any covenant or term provided
herein, and such default shall be continuing after ten (10) days written notice of default and
opportunity to cure, City may exercise any right or remedy avaitable to it by law, contract, equity or
otherwise, including without timitation, the remedy of specific performance.
B. In the event City shal! default in the performance of any covenant or term provided
herein, and such default shall be continuing after ten (10) days written notice of default and
opportunity to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this
Agreement prior to Closing by written notice of such election to City; or (ii) enforce speci�c
performance of this Agreement.
10
10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON
COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE
SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY,
TEXAS.
1 l. From and after the Effective Date of this Agreement, through and inc}uding the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter
into any Agreement that will be binding upon the Fee Lands or the Easement Lands, or upon the
Owner with respect to the Fee Lands or the Easement Lands, after the date of Closing.
12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shail be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and
sha11 be deemed delivered and received upon the earlier to occur of (a) the date provided if hand
delivered or delivered by telephonic facsimiie; and (b) on the date of deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
11
��J►_:
Jones Family Trust
g.,...� ' +,w��... _ �
Robert W. Jones, Truste
Phone GI�(� -- 3�i t - �'S�7 (a
Telecopy:
Copies to:
For Owner:
Kenneth A. Wright
P.O. Box 51767
Denton, Texas
Phone: (972) 484-1800
Telecopy: (972) 384-1801
k�vriaht u.,�vri��htath�.coin
CITY:
City of Denton
Trey Lansford, Deputy City Attorney
City Attorney's Office
215 East McKinney Street
Denton, Texas 76201
Telecopy: (940) 382-7923
For Citv:
Scott T. Doggett
Baker Moran Doggett Ma & Dobbs, LLP
1400 Preston Rd, Suite 350
Plano, Texas 75093
Telecopy: (469) 351-3490
SC�Of?�J,�l:t (I,b�Ii�i'i110C111.COt11
13. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
14. Owner represents and warrants to the City that (i) it has taken all actions necessary to
authorize the party executing this Agreement for and on behalf of Owner to bind, in all respects,
Owner to all terms and provisions hereof, and (ii) this Agreement is binding and enforceable, in
all respects, against the Owner.
15. The representations, warranties, agreements and covenants contained herein sha(l survive the
Closing and shall not merge with the Special Warranty Deeds or Easement.
16. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Fee Lands and/or Easement Lands, City may, at its election, terminate this
Agreement at any time prior to C(osing.
12
CITY OF DENTON, TEXAS
:
TODD HILEMAN,
CtTY MANAGER
Date: , 2018
ATTEST:
JENNIFER WALTERS, CITY SECRET.ARY
I�
Date: , 2018
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obiigations and b in�ss�iei�s.
SI CC
�Y` •
Titl�, �,,. ,� � G%�
i��d� _ /�/ '�Il
I?e�artment
Date Signed: _��� �
APPROVED AS TO LEGAL FORM:
.� �•
�
, � � ��fii���
el J
� : ........ ,„.... .._.:�,.��.
Date: � � "�" ( , 2018
m
JONES FAMILY TRUST
By: ."� � - �
Robert W. Jon , Trust
Date: �o✓Gw�, bi. r S� , 2018
14
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the lnternal Revenue Code of 1986, as amended from time
to time, and as further set forth in any regulations or forms promuIgated thereunder.
TITLE COMPANY:
WFG National Title Company
3l 65 S. Carrier Parkway
Grand Prairie, TX 75052
Telephone: (972) 206-74'70
Telecopy: (972) 24b-1414
:
Printed Name:
Title:
Contract receipt date: , 2018
15
ATTACHMENT 1
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, Y(}U MAY REMOVE OR STRIKE ANY OR ALL UF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLiC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARR.ANTY DEED
STATE OF TEXA5 §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That the JONES FAMILY TRUST, (herein called "Grantor"}, for and in
consideration of the sum of TEN AND NO/l 00 DOLLARS ($10.00), and other good and
valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a
Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney,
Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLD and CONVEYED, and by these presents does
GRAN'�`, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas being particularly depicted and described on Exhibit "A", attached hereto and
made a part hereof for all purposes, and being located in Denton County, Texas, together
with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights
of way and tagether with a(I and singular the improvements and fixtures thereon and all
other rights and appurtenances thereta (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its
successors and assigns all oil, gas and other minerals in, on and under and that may be
produced from the Property. Grantor, its successors and assigns shall nat have the right
to use or access the surface of the Property, in any way, manner or form, in connection
with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas and other minerals reserved herein, including without
limitation, use or access of the surface of the Property for the location of any well or drill
sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas,
seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well
bores, or any other infrastructure or improvement of any kind or type in connection with
or related to the reserved oil, gas and other minerals, and/or related to the exploration or
production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances that any reasonable extraction, mining or other
exploration and/or production method, operation, process or procedure would consume,
deplete or destroy the surface of the Property; and (ii) all substances which are at or near
the surface of the Property. The intent of the parties hereto is that the meaning of the
term "minerals" as uti(ized herein, shall be in accordance with that set forth in Reed v.
Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to Conveyance and Warranty:
NONE
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the sarrie or any part thereof, by, through or under Grantor, but not
Page 2 of 3
otherwise.
EXECUTED the � k� day of �,%B✓� v� t�•� , 2018.
JONES FAMILY TRUST
BY����� �........_ � G
Robert W. Jones, rustee
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on �o✓�.w. (o�r' S, 2018 by
Robert W. Jones, Trustee of the JONES FAMILY TRUST.
�!�Y � �� W t� n � l.�'
z�o�' 4�� Warren P Wright
�{� ;� MY �mmission Expires
9� �Q �o�2ii2o�� Notary Public, State o Texas
'�of�'' 10No. 1283510Q4 My commission expires: ��ot9
AFTER RECORDING RETURN TO:
City of Denton — Real Estate Manager
216 W. Mulberry
Denton, Texas 76201
Attn: Paul Williamson
Page 3 of 3
PAGE � OF 2
.IONES FANILY TRUST
VOI. 773, P6 63, O.P,O.C.T.
CONYEYEO 8Y OEED TO
.ml�S FAMIIY TRUST
YOL. 49l3, P6. 2359
O.R.�,C.T.
A= 0 '34 ' 30 "
R=6B17.52'
T=34.21'
L�68.42'
Cb=N22 ' 13 ' 32 " W
Lc#68.42'
NOTE: SET 1/2" I.R. W/ 6AI CAP TO
BE SET A7 ENO OF CQNSTRUCTION.
_�y
l820-fB22 BDNNTE BRAE
TRACT f9
SCOTT BRDMN
INST. N0. 97-H0047097
O.p.D.C.T.
N88 '37' 43"E
28.22'
AC'` CESS ESMT ----rrrT
_.__—�_ �=J�II�_..
SET i/2' I.R.
WIGAI CAP
BERNICE K. JONES &
HOBERT W. JONES
VOI. 773. PG. 63, �.R.D.C.T
CONVEYED BY DEED TO
JONES FANILY TRUST
VO�. 4913. PG. 2359
O.R.D.C.T.
c� \
� \
'Z o
''�'� �
��
<� a
oa
i �'
A�
O y
�Z �
� �
BASIS OF BEARIN6 IS NOATM AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM. TEXAS NORTH CENTRAL.
SET 1/2' I.R
W/GAZ CAP
W
�
�
��jTr rQLt71rp r. r""""_"' r I r--''.
CaMMBNCINc wn.wwwoori s�sr
Ft� 3/e' z (VANIABLE MTOJH q O.N )I
"�11J�=_'_'...�}'1�_"""""_'__»_ ll.i�"'�
iJ ��
POINT OF
HEGINNING
23f8 NILlOMM000 ST.
ELIZA T. SHOCKLEY
INST. Np. 2008-7429g
D.R.O.C.T.
b P17—ROW-1 ;� ��--�T�Ty�r----------
BEING A
16,385 SQ.FT./0.38 ACRE
RIGHT—OF—�YAY DESCRIPTION
OF �PHICH 7,70fi SQ.FT. LIES WITHIN
EXISTING RIGHT—OF—WAY OF BONNIE BRAE STREET
SITUATED IN THE A. TOMPKII�TS SURVEY,
ABSTRACT N0. 1246, AND THE
n
' O.S. BREWSTER SURVEY �'"°"_° S`"`� '--'°°•
Graham Associates,lnc.
coNsu�tit�c dt�t�its a� �wt�tts ABSTRACT NO. 56 0 5o ioo �so
°°° 80f ""°� °'�' � °°° DENTON COUNTY, TEXAS
'�� �/'��10t�°"0° DATE: JANUARY 2014
1 of 1 0 J/�enton/P!7-ROW-i
Page 2 of 2
EXHIBIT "A"
PARCEL 17-ROW-1
LEGAL DESCRIF'TION
RIGHT-OF-WAY DESCRIPTION
BEING a 0.38 acre tract of Iand situated in the A. Tompkins Survey, Abstract No. 1246,
and the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of
a tract of land conveyed to Bernice K. Jones and Robert W. Jones as recorded in Volume
773, Page 63, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913,
Page 2359, Deed Records Denton County, Texas, and being more particularly described
by metes and bounds as follows:
COMMENCING at a found 3/8 inch iron rod, said point being the northwest corner of a
tract of land conveyed to Eliza T. Shockley as recarded in Instnunent No. 2005-74299,
Deed Records, Denton County, Texas, and being the intersection of existing east right-of-
way line of Bonnie Brae Street (having a variable width R.O.W.}, and the existing south
right-of-way line of Willowwood Street (having a variable width R.O.W.);
THENCE South 16°48'OS" West, leaving said intersection, a distance of 105.24 feet to a
point for the POINT OF BEGINNING, said point being the northeast corner of said Jones
tract, and being in the existing west ri�ght-of-way line of Bonnie Brae Street (having a
variable width R.4.W.);
THENCE South 00°32'25" West, along said existing west right-of-way line, a distance of
632.15 feet to a point for corner, for the beginning of a non-tangent curve to the right
having a radius of 6817.51 feet and a central angle of 0°34'30" and a long chord which
bears North 22°13'32" West, 68.42 feet, said point being the southeast corner of said
Jones tract, and being in the north right-of-way line of the Gulf-Colorado and Santa Fe
Railroad (having a variable width R.O.W.);
THENCE leaving said existing west right-of-way line, alon� said north right-of-way line
and along said non-tangent curve to the right an azc distance of 68.42 feet to a set 1/2
inch iron rod with GAI cap for corner;
THENCE North 00°21'S7" East, leaving said north right-of-way line, a distance of
568.13 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the
north line of said Jones tract, and being in the south line of Tract I9 as conveyed to Scott
Brown, as recordec� in Instrument No. 97-R0047097, Deed Records Denton County,
Texas, being a common line;
THENCE North 88°37'43" East, along said common line, a distance of 28.22 feet to the
POINT OF BEGINNING and CONTAINING 16,385 square feet, 0.38 acres of land,
more or less, of which 7,706 square feet of land is being used as roadway use and
drainage at this time. ��
2of10
PAGE 1 OF Q
1824 S. 80NNIE BRAE �� 1'11'03" \
JONES FAMILY TRUST R=6950.58'
VOI. 773. PG. 63 D.R.D.C.T.Ta71.83'
CONVEYEO 8Y DEED TO La143.66'
JONfS FAMILY TRUS7 Cb=S24'32�36"E
vo�. 4s1�. P6. 2359 Lc=iq3.66'
o.a.o.c.-r.
SET i/2" I.R. —
W/GAI CAP
N00 '21 ' 57 "E—�
41.59'
f9D0 5. BOMIIE BAAE
BDNNIE BRFE OENTON
INVESTMENT. LTO
LOT i, BLOCK 1.
N S B l�TAt, AppITION.
CAB. 0, I�. 362
P.R.D.C.T.
1824 S. BONNIE BRAE
JONES FAMILY TRUST
VOL. 773. PG. 63 D.R.D.C.T.
CONVEYE� BY OEE� TO
JONES FAMILY TRUST
VOL. 4913, P�. 2359
D.R.O.C.T.
SET i/2" I.R
W/GAI CAP
EXHIBIT "A"
�
�
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i
ti
� �
COMM�SNCING �
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; �
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N33'56' 03"W � I ;
107.37' E." �
� - - - "td ,
� i
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/ � o �
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; �� �
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RO�Rt N. JONES. .1R.
7�3. P6. 55, D.R.U.C.T
:
:
�
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i
�
;
��
T�'--'-----
_ _ _ .,ll./,- - —
PQINT OF
�.G��G
W/GAI CAP
2315 NILLONMOOD ST.
ELIZA T. SHOCKLEY
TNST. N0. 2005-74299
o.a.o.c.t.
!84! S. BONNIE BRAE
LOT f, BLOCK !,
OREN 6 AUiN TfWHAS
INST. ND. 95-0057929
O.R.D.C.T.
�� \
n `
�� �
��'�.�
�°
s�
f��y a
9 y
�o �
s
l ��
NOTE: SE7 1/2" T.R. W/ GAI CAP TO
6E SET AT END OF CONSTRUCTTON.
BASIS OF BEARING IS NORTH AMERICAN pATUM
OF 1983 (NAD-B3) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAI. P1rI—ROW""2
BEING A
1,223 SQ.FT./0.03 ACRE
RIGHT--OF-�PAY DESCRIPTION
OF WHICH 141 SQ. FT. LIES WITFIIN
EXISTING RIGHT-OF-WAY OF BONNIE BRAE STREET
SITUATED IN T'HE U.S. BREWSTER SURVEY
ABSTRACT NO 56 ��H=� �� 1•.!�•
� Gr�aha � A�sso�ci �tes,�in�c.s DENTON COUNTY, TEXAS o � ,o0 150
�������
� � /�� � '�� OATE: JANUARY 2014
3 of 1 0 J/penton/P!7-ROW-2
Page 2 of 2
PARCEL 17-ROW-2
LEGAL DESCRIl'TION
RIGHT-OF-WAY DESCRIPTION
BEING a 0.03 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of a tract of Iand conveyed to Jones Family Trust,
as recorded Volume 773, Page 63, and conveyed by deed to Jones Family Trust, as
recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at a found iron post, said point being the northwest corner of Lot 1,
Block l, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton
County, Texas, and being in the south line of a tract of land conveyed to Eliza T.
Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County,
Texas;
TI-�NCE South 07°11'22" West, a distance of 390.27 feet to a set 1/2 inch iron rod with
GAI cap, for the POINT OF BEGa�INING, said point being the northeast corner of said
Jones tract, and being in the approximate centerline of e�sting � Bonnie Brae Street
(having a variable width R.O.W.), also being in the south right-of-way line of the Gulf-
Colorado and Santa Fe Railroad (having a variable width R.O.W.);
THENCE North 33°56'03" West, leaving said south right-of-way line, a distance of
107.37 feet to a set 1/2 inch iron rod with GAI cap for corner;
THENCE North 00°21'57" East, a distance of 4i.59 feet to a set 1/2 inch iron rod with
GAI ca.p for corner, for the beginning of a non-tangent curve to the left having a radius of
6950.58 feet and a central angle of 1° 11'03 ", and a long chord which bears Soutl�
24°32'36" East, 143.66 feet, said point being in the south right-of-way line of said Gulf-
Colorado and Santa Fe Railroad;
THENCE along said south right-of-way line and along said non-tangent curve to the left
an arc distance of 143.66 feet to the POINT OF BEGINNING and CONTAIlVING 1,223
square feet, 0.03 acres of land, more or less, of which i41 square feet of land is being
used as roadway use and drainage at this time.
[.'.�►�•.'x►�:�` ��1
vsjrs'�2ot� f
4of10
��:cii:��rv_�
PA6E 1 OF 3
���
�
�A�
��, �
1824 S. 80NNIE BRAE
JONES FAMII.Y TRUST
VOL. 773, PG. 63
O.R.D.C.T.
3900 S. BOtAJIE BRAE
BDltNIE BRAE DENi�I �---
TNVESTMENT, LTD
H 6 B7liETAg`A�OD 7 OK --�
CAB. 0. P6. 362 �
P.R.O.C.T. � �
/
(�
SET i/2 " Z.R.
W/6AI CAP
N00'17'51"E—
102.20'
1824 S. 80NNIE BRAE
JONES FAMILY TRUST
VOL. 773. PG. 63
D.R.O.C.T.
CONVEYEO BY UEED TO
JONES FAMILY TRUST SEr i/z" I.R.
VOL. 49�3. PG_ 2359 w/sAi CAP
O.R.O.C.T.
�s 4 '!4' 54" -----
R=952.50'
Ta35.33'
L=70.63'
Cb�N05'55' 11"E
Lce70 61'
_— —' ROBEAT M. JDIES Ji
MOL. 773. VB. Si, D.P.D.C.T
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0.TZA 7. SHOCKLEY
IN57. N0. 2005-74299
O.R.D.C.T.
f843 5. BONNIE BPAE
LOi !, 810CK !,
Of�N G RUTH T1�HAS
ItST. N0. 95-0057929
D.R.D.C.7.
NOTE: SET 1/2" I.R. W/ GAZ CAP TO
BASIS OF BEARING IS NORTH AMERICAN bATUM �p BE SET AT END OF CONSTflUCTION.
OF 1983 {NAD-83) STATE PI.ANE COORDINATE P17^.[ti0�"'e�
SYSTEM, TEXAS NOATH CENTRAI. BEING A
20,753 5Q.FT./0.48 ACRE
RiGHT--OF—WAY DESCRIPTION I7
OF WHICH 2,539 5Q. �"I'. LIES wITHIN
EXISTING RIGHT—�F—�PAY OF BONNIE BRAE STREET
SITUATED IN THE O.S. BREWSTER SURVEY
ABSTRACT N0. 56 �APH2C SCALE s•.���
��a�h� A�s� �tePs�in� DENTON COUNTY, TEXAS o 50 ,� 150
������
,��F',`� �, �,° �
5of10
DATE: JANUARY 2014
J/Oenton/P17-ROW-3
Page 2 of 3
EXHIBIT "A"
PARCEL 17-ROW-3
LEGAL DESCRIPTION
RIGHT-OF-WAY DESCRIPTION
BEING a 0.48 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of a tract of land conveyed to Jones Family Trust,
as recorded Volume 773, Page 63, Deed Records, Denton County, Texas, and being more
particularly described by nnetes and bounds as follows:
COMMENCING at a found iron post, said point being the northwest cozner of Lot l,
Block l, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton
County, Texas, and being in the south line of a tract of land conveyed to Eliza. T.
Shockley as recorded in Instnunent No. 2005-74299, Deed Records, Denton County,
Texas;
THENCE South OS°36'S3" West, a distance of 513.07 feet to a point for tlae POINT OF
BEGINNING, said point being the northeast corner of said Jones tract, and being in the
approximate centerline of existing Bonnie Brae Street (having a variable width R.O.W.);
THENCE South 00°37'43" West, along said approximate centerline, a distance of 204.44
feet to a point for carnez, said point being the southeast corner of said Jones tract, and
being the northeast comer of a tract of land conveyed to Robert W. Jones, Jr., as recorded
in Volume 773, Page 55, Deed Records, Denton County, Texas, being a common line;
THENCE South 88°38'S4" West, leaving said approximate centerline, and along said
common line, a distance of 38.92 feet to a set 1/2 inch iron rod with GAT cap for corner,
said point being in the proposed west right-of-way line of Bonnie Brae Street (having a
variable width R.O.W.);
THENCE North OS°02'38" East, along said praposed west right-of-way line, a distance of
18.28 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beginning of a
tangent curve to the Ieft having a radius of 952.50 feet, a central angle of 4°14'54", and a
long chord which bears North OS°55'1 I" East, 70.61 feet;
THENCE continuing along said proposed west right-of-way line and along said tangent
curve to the left, an arc distance of 70.63 feet to a set 1/2 inch iron rod with GAI cap for
comer;
THENCE North 43°10'45" West, continuing along said proposed west right-of-way line a
distance of 20.64 feet to a set 1/2 inch iron rod with GAI cap for corner;
THENCE North 89°42'09" West, continuing along said proposed west right-of-way line a
distance of 123.95 feet to a set 1/2 inch iron rod with GAI cap for corner;
6of10
.
-�■ ' 1
Page 3 of 3
THENCE North 00°17'S1" East, continuing along said proposed west right-of-way line a
distance of 102.20 feet to a set 1/2 inch iron rod with GAI cap for corner, said point
being in the north line of said Jones tract, and tieing in the south line of Lot 1, Block l, M
& B Metal Addition, as recorded in Cabinet D, Page 362, Plat Records, Denton County,
Texas, being a comznon line;
THENCE South $9°42'09" East, leaving said proposed west right-of-way line, and along
said common line, a distance of 168.86 feet to the POINT OF BEGIT�INING and
CONTAINING 20,753 square feet, 0.48 acres of land, more or less, of which 2,539
square feet of land is beuag used as roadway use and drainage at this time.
7of10
PA6E � OF 3�� JpNES FAHILY 7Rt15T
VOL. 773, P6. 55. O.R.d.C.T.
cor�vEveo ev t�n ro
JONES FAMI�Y TqUST
VOL. 49f3, PG. 2359,
D.R.D.C.T.
EXH(BIT "A"
N88 '38' 54"E
38.92'
SET i/2" I, p, �
W/GAI CAP
N08 '02' 38"E
155.85'
SE7 ]/2' i, R,
N/GAI CAP
FENCE
R08ERT W. JONES, JH
VOL. 773. PG. 55, D.R.D.C.T.
CONVEYEO BY OEEO TO
JONES FAMILY TRUST
VO�. 4913. P6. 2359. —
D.R.D.C.T. x
effi s•os�a��
R=SO47.50'
T=73.52'
L=146.80'
Cp�N04 '0 S ' 45"E
l.C=146. 68'
SET 1/2' I, R,
W/GAI CAP
�,ODti96
�N& P�.t.
5a''9p p p.
588'40'03"W 35.44'
POINT OF
LOT i
.1fAN N.6. TUNNE(,L
INST. N0. 2032-b8632
O.p.D.C.T.
22l6 5. BONNIE BAAE
LOT 2
CF9iISTUPF�A H. MATTS
VOL. 5f02, P6. 2398
O.R.D.C.T.
46 b
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JOHN PT DA1 SL�BY --- `� i
va. isse. rc. sss
O.R,D.C.T. ;
588 '40 ' 03"W
32.32'
�''--- t
-----
232� HIGHLANO PARK RO
MILTON 8. Ct.EARMAN 6
SPOUSE. ANITA A. CLEARNAN
YOL. 4437. P8. 22l3
O.R.O.G.T.
� � ��
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NOTE: SET 1/2" I.R. W/ GAI CAP TO
BE SET AT END OF CONSTAUCTION.
�p BASIS OF BEARING I5 NDRTH AMERICAN OATUM
PARCEL 1 7"'RU !' ' 4 SY5TEM3 TEXASBNORTNaCENTRAIE COORDTNATE
BEING A
17,042 SQ.FT./0.39 ACRE
RIGHT-OF-WAY DESCRIPTION
� OF i'�HICH i0,045 SQ. FT. LIES WITHIN
� EXISTING RIGHT-OF-WAY OF B4NNIE BRAE STREET
'', SITUATED IN THE U.S BREWSTER SURVEY, n
' ABSTRACT N0. 56,
DENTON C�UNTY, TEXAS (,'qA�fIC SCALE ,�-,��
� Graham Associates,inc. , o so �oo �so
CONSUI.TiNG ENCINEERS dr PUNNERS
600 SiX fLAGS ORIV� SL�HIE 500
� � ��� � �Q+� DATE: JANUARY 2014
8 of 1 0 J/Oenton/P17-ROW-4
Page 2 of 3
PAR.CEL 17-RO�J-4
LEGAL DESCRIPTION
RIGHT-OF-WAY DESCRIPTION
BEING a 0.39 acre tract af land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr
as recorded in Volume 773, Page 55, and conveyed by deed to Jones Family Trust, as
recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being
more particularly described by metes and bounds as foltows:
COMMENCING at a found 1/2 inch iron rod, said point being the northeast corner of Lot
3A, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton
County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street
(having a variable width R.O.W.);
THENCE North 00° 17'S4" East, along said existing west right-of-way line, a distance of
348.97 feet to a point for the POINT OF BEGINNING, said point beiug in the south line
of said Jones tract, and being the northeast corner of Lot l, Solar Way Addition, as
recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas, being a common
line;
THENCE South 88°40'43" West, Ieaving said existing west right-of way line and along
said common line, a distance of 35.44 feet to a set 1/2 inch iron rod with GAI cap for
corner, for the beginning of a non-tangent curve to the right having a radius of 1047.50
feet and a central angle of 8°O1'47", and a long chord which beazs North 04°Ol'45" East,
146.68 feet, said point being in the proposed west right-of-way line of Bonnae Brae Street
(having a variable width R.O.W.);
THENCE leaving said common line, along said proposed west right-of-way lzne and
alvng said non-tangent ctuve to tlze right an arc distance of 146.80 feet to a set 1/2 inch
iran rod with GAI cap for corner;
THENCE North 08°02'38" East, continuing along said proposed west right-of-way line; a
distance of 155.85 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being
in the north line of said Janes tract and being in the south line a tract of said Jones Fanuly
Trust, tract, being a coznmon line;
THENCE North 88°38'S4" East, leaving said proposed west right-of-way line and along
said common line, a distance of 38.92 feet to a point for corner, said point being in the
approximate centerline of existing Bonnie Brae Street;
T'��NCE South 00°37'43" West, leaving said comtnon line and along said approximate
centerline, a distance of 300.00 feet to a point for corner, said point being the southeast
corner of said Jones tract; �
9of10
��cll:ir�r��
Page 3 of 3
THENCE 5outh 88°40'03" West, leaving said appraximate centerline, a distance of 32.32
feet to the POINT OF BEGINNING and CONTAINING 17,042 square feet, 0.39 acres of
land, more or less, of which 10,005 square feet of land is being used as xoadway use and
dxainage at this time.
10 of 10
ATTACHMENT 2
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU .A,RE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS,
COUNTY OF DENTON
UTILITY AND SLOPE EASEMENT
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
THAT the JONES FAMILY TRUST ("Grantor"}, in consideration of the sum of Ten and
No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of
Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED,
BARGAINED, SOLD and C�NVEYED and does by these presents GRANT, BARGAIN, SELL
and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual utility and slope easement
in, along, upon, under, over and across the following described property (the "Property"), owned
by Grantor, and situated in Denton County, Texas, located in the O.S. Brewster Survey, Abstract
Number 56, to wit:
PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A",
ATTACHED %iERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining utilities and lateral slope, and related facilities and appurtenances, in, along, upon,
under, over and across said Property, including without limitation, the free and uninterrupted use,
liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across
the Property to Grantee herein, its agents, employees, contractors, workmen and representatives,
for the purposes set forth herein, including without limitation, the making additions to,
improvements on and repairs to said iacilities, lateral siope features or grade, or any part thereof.
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantvr stipulates and
acknowledges that the Grantee, in consideration of the bene�ts above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, shatl be conducted on the
Property by Grantor that may impair, damage or destroy the latera) slope, including without
limitation, excavation or movement of soi( or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, ar
portions of shrubs or trees now or hereafter tocated within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitatian, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to make use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness my hand, this the � day of /1�o✓t.�- bc�/' , 2018.
0
Grantor:
JONES FAMILY TRUST
BY: ` - _���::�� > �
Robert W. Jones, Tr stee ��—
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on �o✓t.� Vc-�' �, 2018 by Robert W.
Jones, Trustee of the Jones Family Trust.
�c�YA?t!� Warten P Wright �l�,�'G-- �� W/1 � �"P'"
�idy.��;h My Commiaslon Expires Notar Public, in and for the State of Texas
`�j>��e In�No12028361QQ4 y
My Commission Expires: �o.- '� � - �ot �}
AFTER RECORDING RETURN TO:
City of Denton - Real Estate Manager
216 W. Mulberry
Denton, Texas 76201
Attn: Paul Williamson
3
PAGE ! OF 2
JOt�ES FANIIY TRUST
VOL. 773. PG 63. U.R.D.C.T.
CONVEYEO 8Y DEED TO
.!0lES FANIIY TpUST
VOL. 49l3, P6. 2359
O.R.D.C.T.
1•7:�i11:��iilG�ii
1820-! TAAC80NN1 IE BRAE -`'� �
�iQn �0�
INST. N0. 97-POOA7097 ,
o.a.o,c.T. S88'37'43"Wr
28.22' '
PO1NT OF (
BEGINNING
`� f,�,,. P��'.0 Q� --
COMME2�CII�G�- iiri�a.owiroori s� -
FlHI 3/B' 7� (YARIAB�E WIDTH g.O.M )
"..1f1�"' _' �Il ��""" ""' ' _ "' .r Jl �.�.._ _ _ .
I'
N88'37'A3"E- ` �
�
ACCESS ESNT ♦ �,/fl�T- i "
-,_—_ �__—__._- i
i
� t. _
� �
, � �� �
BERNICE K. JONE5 6 ; � �
ROBERT W. JONES � � � _
VOL. 773, PG. 63. D. Fi. D. C.
CONVEYEO BY DEEO TO � � � o
JONES FAMILY TRUST �+ �. ; �s
VOI. 4913. PG. 2359 Z t � w=
O.R.D.C.T. � � � o
\
l
n= o
a=se
T=10
a
i
Cb=N
Lc=2
BASIS OF BEARIN6 I5 NORTH AMERICAN OATUM
OF 1983 (NAO-83) STATE PLANE COOROINATE
SYSTEM, TEXAS NORTH CENTRAL.
'10'40"
17.52'
.58'
16�
21 '50' 57"
i. 16'
23f5 MYLLONNOOD ST.
ELI2A T. SHOCKLEY
INST. N0. 2005-7�299
D.R.O.C.i.
rr----------
P17—USE-1
BEING A
4,4fi6 SQ.FT./0.10 ACRE
UTILITY & SLOPE EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY
ABSTRACT N0. 56
� Graham Assaciates,lnc.
DENTON COUNTY, TEXAS �`�IC SCALE ,•.�oo•
CONSULTING EHGINEERS lk PUNNERS 0 50 �00 f80
eoo sa tuos aave. s� aoo
� r� °� w�s � �m�
DATE: JANUARY 2014
1 of 8 J/Denton/Pi�-USE-!
Page 2 of 2
EXHIBIT ��a��
PARCEL 17-USE-1
LEGAL DESCRIPTION
UTII,ITY & SLOPE EASEMENT
BEING a 0.10 acre tract of (and situated in the O.S. Brewster Survey, Abstract No. 56, Denton
County, Texas, being a portion of a tract of land conveyed to Bernice K. Jones and Robert W.
3ones as recorded in Volume 773, Page 63, and conveyed by deed to Jones Family Trust, as
recorded in Volume 4913, Page 2359, Deed Records Denton County, Texas, and being more
particularly described by metes and bounds as follows:
COMMENCING at a found 3/8 inch iron rod, said point being the northwest corner of a tract of
land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records,
Denton County, Texas, and being the intersection of existing east right-of-way line of Bonnie
Brae Street {having a variable width R.O.W.), and the existing south right-of-way line of
Willowwood Street (having a variable width R.O. W.);
THENCE South 16°48'OS" West, leaving said intersection, a distance of 105.24 feet to a point,
said point being the northeast corner of said Bernice K. Jones and Robert W. Jones tract, and
being in the southeast corner of Tract l9 as conveyed to Scott Brown, as recorded in Instrument
No. 97-R004709'7, Deed Records Denton County, Texas, being a common line, and being in the
existing west right-of-way line of Bonnie Brae Street (having a variabte width R.O.W.);
THENCE South 88°37'43" West, leaving said existing west right-of-way line, and along said
connmon line, a distance of 28.22 feet to a point for the POINT' OF BEGINNING, said point
being in the proposed west right-of-way line of Bonnie Brae Street (having a variable width
R.O.W.);
THENCE South 00°21'S7" West, a(ong said proposed west right-of-way line, a distance of 568.13
feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of
6817.51 feet and a central angle of 0°10'40", and a long chord which bears North 21°50'S7" West,
21.16 feet, said point being in the north right-of-way line of the Gulf-Cotorado and Santa Fe
Railroad (having a variable width R.O.W.);
THENCE leaving said proposed west right-of-way line, along said north right-of-way line, and
along said non-tangent curve to the right an arc distance of 21.16 feet to a point for corner;
THENCE North 00°21'S7" East, Leaving said north right-of-way line, a distance of 548.30 feet to
a point for corner, said point being in the north tine of said Jones tract, and in the south line of
said Brown tract, being a common iine;
THENCE North 88°37'43" East, atong said common line, a distance of 8.00 feet to the POINT
OF BEGINNING and CONTAINING 4,466 square feet, 0.10 acres of land, mare or less.
. :?
PA6E 1 OF 3
1824 5. 80NNTE BRAE
JONES FAMI�Y TRUST
VOL. 773, P6. 63
D.R.O.C.T.
CONVEYEO 8Y DEED TO
JONES FAMZLY TRU5T
VOL. 4913. P6. 2359
D.R.O.C.T.
f900 S. BOt�IIE BRAE
BWRiIE BRAE OEN70N
INVESTHENT. lTD
l0T 7. BIOt�C !.
M 6 B t�TA� A�ITI6!!,
CAB. D. PG. 362
P.R.O.C.T.
182d S. BONNIE BRAE
JONES FAMILY TRUST
VOL. 773. P6. 63
D.R.D.C.T.
CONVEYED 8Y DEE� TO
JONES FAMILY TFUST
VDI. 4913. P6. 2359
D.R.O.C.7.
I�:�Cllc��ri1_�I
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T=41.76' ��
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N08 '02' 38"E
20.92'
VOL. �3RTVf, � D. R 0. L. T. SB� �38 � r'J�: � i�'�
CONVEYEO BY OEED TO SB. i�� � �
JOt�3 FAHILY TRUST �
VOL. d9i3, PG. 2359
D.R.D.C.t. J
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2315 NILLONNtl00 ST.
EIIZA T. SHOCI(LEY
INST. N0. 2005-74299
D.R.O.C,T.
r�rr----------
_ __ .,�J�..- -_ -
184! S. BONNIE BRAE
L0T f, BLOCK !.
OREN 6 RUTH TFI0FIA5
INST. N0. 95-0057929
O.R.�.C.T.
S08 '02' 38"W
18.28'
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F;=952. 50'
T=35.33'
Lffi70.63'
CbQS05'55' ii"W
Lca70.61'
BASIS OF BEARIN6 IS NORTH AMERICAN DA7UM
SYSTEM3 TEXASBNORTHACENTRALE COORDINATE p 1 7�" USE "'.��.
BEING A
1,554 SQ.FT./0.04 ACRE n
, UTILITY & SLOPE EASEMENT
' SITUATED IN THE O.S. BRE�PSTER SURVEY
ABSTRACT N0. 56 6RAPHIC SCALE �--��•
Grah4m Associates Inc. DENTON COUNTY, TEXAS
(� cot�su�nrec �cn�mts a� ruf►i�s
\id eoo soc Fuas onn� suTe aoo
,, �+�� � � °" ,�,�
3 of 8
0 50 S00 150
DATE: JANUAAY 2014
J/Oenton/P17-USE-2
Page 2 of 3
. ,
.
PARCEL 17-USE-2
LEGAL DESCRIPTION
UTILITY & SLOPE EASEMENT
BEING a 0.04 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of a tract of land conveyed to Jones Family Trust,
as recorded Volume 773, Page 63, and conveyed by deed to Jones Family Trust, as
recorded in Volume 4913, Page 2359, Deed Records, Denton Co�inty, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at a found iron post, said point being the northwest corner of Lot l,
Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton
County, Texas, and being in the south line of a tract of land conveyed to Eliza T.
Shockley as zecorded in Instrument No. 2005-74299, Deed Records, Denton County,
Texas;
THENCE South 04°11'02" West, a distance of 716.95 feet to a point, said point being the
southeast corner of said Jones tract, and being in the approximate centerline of existing
Bonnie Brae Street (having a variable width R.O.W.), and being the northeast corner of a
tract of land conveyed to W.C. On Jr., as recorded in Volume 773, Page 55, Deed
Records, Denton County, Texas, being a common line;
T'HENCE South 88°38'S4" West, leaving said approximate centerline, and along said
common line, a distance of 39.06 feet to a point for the POINT OF BEGIi�1NING;
THENCE South 88°38'S4" West, continuing along said common line, a distance of 16.22
feet to a point for corner;
THENCE North 08°02'38" East, leaving said connmon line, stance of 20.92 feet to a point
for corner, for beginning of a tangent curve to the left having a radius of 936.50 feet, a
central angle of 5°06'23", and a long chord which bears North OS°29'27" East, 83.44 feet;
THENCE along said tangent curve to the left, an arc distance of 83.46 feet to a point for
corner, said point being zn the proposed west right-of-way line of Bonnie Brae Street
(having a variable width R.O.W.);
THENCE South 89°42'09" East, atong said proposed west right-of-way line, a distance of
1.02 feei to a point for corner;
THENCE South 43°10'45" East, continuing along said proposed west right-of-way line, a
distance of 20.64 feet to a point for corner, for the beginning of a non-tangent curve to
the right having a radius of 952.50 feet and a central angle of 4°14'S4" and a long chord
which beazs South OS°55'11" West, 70.61 feet;
C�:S�f:3
EXH I B!T "A"
Page 3 af 3
THENCE continuing along said proposed west right-of-way line, and along said non-
tangent curve to the right an arc distance of 70.63 feet to a point for corner;
THENCE Souih 08°02'38" West, continuing along said proposed west right-of-way line,
a distance of 18.28 feet to the P4INT OF BEGINNTNG and CONTAINING 1,554 square
feet, 0.04 acres of land, more or Iess.
Ml PEiFR90N
os�r`/� �F
5 of 8
PAGE 1 OF 3
JOHES FANILY TPUST
VOL. 773. PG. 55, O.R.O.C.T.
CONVEYEO BY DEED TO NE� �38 ��J�i � E
JOt�S FAlRLY TRUST 1 B� 22 '
VOI. � 9l3� PG. 2359
��
c�����
�����.1
a
������f
��'�+ � R08ERT W. JONES. Jfl
V�L. 773. PG. 55. O.R.D.C.T
CONVEYED BY OEED 70
JONES FAHII.Y TRUST
VOL. 4973, PG. 2359
p.R.0.C.7.
�A►�� p�t��
_,�A g. G•
7„�eQ P 0.
�= 6'58'!9"
R�1063.50'
T=64.79'
L=l29.41'
Cp�N04 '33' 29"E
Lc=129.33'
see•qo�oa•w ss.os�
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PO1NT OF �
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JEAN H.6. TtMNEII pROPO5E0
INST. M0. 20l2-6S6i2 A.O.W.
D.R.D.C.T.
22i6 S. 80tUtIE BRAE
lOT 2
tF#iISTOPM�A M. MATTS
Y�. 5f02, P6. 2398
D.R.O.C.T.
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D.R.D.C.T.
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J6HNLPT DAiSBV — — —' - � � i
VOL. l554. PG. 969 � �
O.R.D.C.T. � �
BASIS OF BEARIN6 IS NORTH AMERICAN OATUM
OF 1983 {NAO-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 17-USE-3
BEING A
4,522 SQ.FT./0.10 ACRE
UTILITY & SLOPE EASEMENT
SITUATED IN THE O.S BREWSTER SURVEY, n
ABSTR.ACT N0. 56,
DENT4N COUNTY, TEXAS gqApHIC SCALE ,•.,�•
Graharn Associates,lnc.
Ct3NSULTiNG ENGINEERS �r PLANNERS
eoo stx fuas oa�ve. s�n� aoo
u�ornN. toc,�s �em� ai» aw-a�s
'te� Fln� F--»a�/tee+ts • �o��e-oo
6 of 8
0 50 f00 150
DATE: JANUARY 2014
J/Denton/P!7-USE-3
Page 2 of 3
EXHIBIT "A"
PARCEL 17-USE-3
LEGAL DESCRiPTION
UTILTTY & SLOPE EASEMENT
BEING a O.IO acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of a tract of land conveyed to Robert W. 3ones, Jr
as recorded in Volume 773, Page 55, and conveyed by deed to Jones Family Trust, as
recorded in VoIume 4913, Page 2359, Deed Records, Denton County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at a found U2 inch iron rod, said point being the northeast corner of Lot
3A, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton
County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street
(having a variable width R.O.W.);
TI-�NCE North QO°17'S4" East, atong said existing west right-of-way Iine, a distance of
348.97 feet to a point, said point being in the south line of said Robert W. 7ones, Jr. tract,
and being the northeast comer of Lot l, Solar Way Addition, a.s recorded in Cabinet B,
Page 196, Plat Records, Denton County, Texas, being a common line;
THENCE South 88°40'03" West, leaving said existing west right-of-way line and along
said caznmon line, a distance of 35.44 feet to a point, for the beginning of a non-tangent
curve to the right having a radius of 1047.50 feet and a central angle of l°OS'40", and a
long chord which bears Narth OQ°33'41" East, 20.01 feet, said point being in the proposed
west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.);
THENCE leaving said common line, along said proposed west right-of-way line and
atong said non-tangent curve to the right an arc distance of 20.01 feet to a point for the
POINT OF BEGI��INING;
THENCE South 88°40'03" West, leaving said proposed west right-of-way line, a distance
of 16.01 feet to a point for corner, for the beginning of a non-tangent curve to the right
having a radius of 1063.50 feet and a central angle of 6°58'19", and a long chord which
bears North 04°33'29" East, 129.33 feet;
THENCE along said non-tangent curve to the right an arc distance of 129.41 feet to a
point for corner;
THENCE North 08°02'38" East, a distance of 153.20 feet to a point for corner, said point
being in the north line of said Robert W. Jones, Jr. tract and being in the south line a tract
of land conveyed to Jones Family Trust, as recorded ira Volume 7'73, Page 55, Deed
Records, Denton County, Texas, being a common Iine;
r• ;
!�:1'llc�iii/_jil
Page 3 af 3
THENCE North 88°38'S4" East, along said common line, a distance of 16.22 feet to a
point for corner, said point being in the said proposed west right-of-way line of Bonnie
Brae Street;
THENCE South 0$°02'38" West, along said proposed west right-of-way line, a distance
of 155.85 feet ta a point for corner, for the beginning of a tangent curve to the left having
a radius of 1047.50 feet, a central angle of 6°S6'07", and a long chord which bears South
04°34'35" West, 126.72 feet;
THENCE continuing along said proposed west right-of-way line and along said curve to
the left, an arc distance of 126.79 feet to the POINT OF BEGIIVNING and
CONTAINING 4,522 square feet, 0.10 acres of land, more or less.
[TFs��i�:�_•::�
os is'/� �
8 of 8
ATTTACHMENT 3
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARS' CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT the JONES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton,
Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED,
SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY
unto the City of Dentan, Texas, 215 E. McKinney, Denton, Texas 76201 ("Grantee") a temporary
construction, grading and access easement in, atong, upon, under, over and across the following
described property (the "Property"), owned by Grantor, and situated in Denton County, Texas,
located in the O. S. Brewster Survey, Abstract Number 56, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
It is agreed that the said Grantee in consideration of the benefits above set out, may remove frorn
the Property above described, such fences, signage, buildings and other obstructions as may now
or hereafter be found upon said Property, for the purpose of construction activities, grading
activities and access in, a(ong, upon, under, over and across said Property. It is specifically
stipulated by Grantor that the scope of the access, construction and grading activities shall include
the clearing and removal of vegetation and trees that exist within the Property.
The Grantee, its agents, employees, contractors, workmen, and representatives shall have the right
of ingress, egress and regress in, along, upon, under, over and across said Property for the purpose
of access, construction and grading activities or any part thereof.
The term of this Temporary Construction, Grading and Access Easement shall commence on the
date of the "Contractor Notice to Proceed" related to the portion of the Bonnie Brae W idening and
Improvements Project affecting the Property and terminate on the earlier to occur of (i) two (2)
years from such date of the herein referenced "Contractor Notice to Proceed"; or (ii) April 1, 2022,
unless the parties mutually agree in writing to an extension or reduction of such term.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness my hand, this the ��� day of �}p��w, bt✓" , 2018.
Grantor:
JONES FAMILY TRUST
BY: �� -._�..... =���
Robert W. Jones, Tr stee
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on /�%W��a.6� S� , 2018 by Robert W. Jones,
Trustee of the Jones Family Trust.
',�.r�� � �/� , � ,✓
ctAY?�e` G►JYYiv' 6'• �"^ C tN
Z���`�; My Commissiron9Expires
Notary Public, in and for the State of Texas
`� ,/� 10/21i2019
�`" '"� ID Na. 128351004
My Commission Expires:��- 2. �-�ot 9
APTER RECORDING RETURN TO:
City of Denton — Real Estate Manager
216 W. Mulberry
Denton, Texas �6201
Attn: Paul Williamson
2
—�L-- — — ; � `
l
� a
l820-1822 80NNTE BHAE -�" i' i
TRACT 19
SCOTT BROWN �
IN3T. N0. 97-R0047097 1 ,
D.R.D.C.T. SBB'37'A3"W i ;
36.22' ' �
POIIVT OF ;
BEGINNING�! �
•�nn �n-� � •nr r L
...__—'�_� _.�'`�_ ___ � _.
EXISTIH& ACCES� ESuT
VOL. a933, P6. �3G.9
_ _ �.(7_D.C:T� _ _. _ � ... .._ _ — � _ — _
EX23TTN6 ACCE58 ESHT
VOI. 4953, P6. 2359
U.R.D.C.T.
4�J� ' .
���
�
4�
BERNIECE K. JONES 6
H�ER7 W. JONES
VOL. 773. PS 63, O.N.O.C.T.
CONVEYEO BY OEEO 70
JONES FAl1IlY TRUST
VOI. 4913. Pa. 2359
O.R.O.C.T.
��7w��
34.54' ; '
. ( ��
N89'38'03"W I : ;
22.00' I � o
� �
i i
BERNIECE K. JONES 6 � � ` '
ROBERT W. JONES � �
VOL. 773, PG. 63, ��� ;
D.R.D.C.7. ; �
CONVEYED BY DEEO TO (
JONES FANILY TRUST � �; ;
VOL. 4913. P6. 2359 � �
\ D.q.D.C.T. I , ; ^
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BASIS OF BEARING I5 NORTH AMERICAN DA7UM
OF 1983 (NAO-83) 5TATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
IMt�G��G nna.owi�ooD �s�fF
N7 3/B' I.R (��IABIE NIDT p O.W.
"_J1J�_ _""""" ""'.'�JJ:i""
S00'21'57"W
3A.81'
2375 NILIONWDOp ST.
EI.IZA T, SHOCKIEY
INST. N0. 2005-�4289
O.R.O.C.T.
P17--TCE-1
BEING A
758 SQ.FT./0.0174 ACRE
TEMP�RARY CQNSTRUCTION EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY
ABSTRACT N0. 56
^ Graham Associates Inc.
DENTON CUUNTY, TEXAS ���IC SCALE ��.soo•
�coNsut.nNo ENa1NEERs tc Pt�Nt1ERs o so foo �go
eoo ax �uas ornvs. s1n� soo
� � � � � ��+�� DATE; AUGUST 2014
1 nf 1 � JlDsnton/Pi7-TCE-f
Page 2 of 2
PARCEL 17-TCE-1
LEGAL DESCRIl'TION
TEMPORARY CONSTRUCTION EASEMENT
BEING a 0.0174 acre tract of land situated iu the O.S. IIrewster Survey, Abstract No. 56, Denton County,
Texas, being a portion of a tract of land conveyed to Berniece K. Jones and Robert W. Jones as recorded
in Volume 773, Paga 63, and conveyed by deed to Jones Family Trust, as recorded in Volutne 4913, Page
2359, Deed Records Denton County, Texas, and being more particularly described by metes and bounds
as follows:
COMMENCING at a found 318 inch iron rod, said point being the nor�hwest corner of a tract of land
conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County,
Texas, and being the intersection of exisiing east right-of-way line of Bonnie Brae Street (having a
variable width R.O,W,), and the existing south rigl�t-of way line of Willowwood Street (having a variable
width R.O.W.);
THENCE Souti� 16°48'OS" West, leavvig said i�tersection, a distance of 105.24 feet to a point, said pouit
being the nortl�east comer of said Jones tract, and being in the soutueast corner of Tract I9 as conveyed to
Scott Bxown, as recorded in Instrument No. 97-R0047097, Deed Records Denton County, Texas, being a
common luie, and being in ttie existing west right-of-way line of Bonnie Brae Street (having a variable
width R.O.W.);
THENCE South 88°37'43" West, leaving said existing west rigtit-of-way line, and along said covmmon
liue, a distance of 36.22 feet to a point for corner, heii�g the POINT OP BEGINNING;
THENCE Soutli 00°21'S7" West, leaving said common line, a distance of 34.81 feet to a pnint for corner;
THENCE Nortli 89°38'03" West, a distance of 22.00 feet to a point for conier;
'I'HENCE North 00°21'S7" East, a distauce of 34.I4 feet to a point for corner, said point being in the north
1'uie of said Jones tract and the south liue of said Brown tract, being a couimon line;
T'I�NCE North 88°37'43" East, along said conunon line, a distance of 22.01 feet to the POINT OF
BEGINiNING aud CONTAINING 758 square feet, 0.0174 acres of land, moa•e or less.
7
2af10
� �g/j'�/QO t'�
PAGE 1 OF 2
1824 S. BONNIE BRAE
JONES FAMILY TRUST
VOL. 773, PG. 63
D.R.�.C.T.
]900 S. BONNIE BRAE
BONNTE BRAE OENTON
INVESTNENT, LTO
l0T f. BIOCK 1.
N 6 8 METAL ADDITION,
CAB. 0, PG. 362
P.A.O.C.7.
S89 '42' 09"E
40.00'
N00'27'51"E
73.00'
1824 S. BONNIE BRAE
JONES FAMI�Y TRUST
VOL. 773, PG. 63 D.R.p.C.7.
CONVEYED BY DEEO TO
JONES FAMIIY TRUST
VOL. 4913, PG. 2359
O.R.O.C.T.
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CONVEYEO BV DEEO TO �, '
�JD1E5 FANILY TI�ST � �
VOL. 4913. P6. 2359 � ti
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EIIZA T, SHOCKIEY
INST. N0. P005-74E99
D.A.O.C.T.
1847 S. 80NNIE BRAE
LOT !, BIpCK f,
OREN 6 RUTM THOFIAS
INST. N0. 95-0057929
D.R.O.C.T.
BASIS OF BEARING IS NORTH AMERICAN OATUM
SYSTEM3 TEXASBNORTHACENTRALE COORDINATE p 1 7— TCE —.�T.r
BEING A
2,920 SQ.FT./0.07 ACRE n
TEMPORARY CON5TRUCTI4N EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY
ABSTRACT N0. 56 �+_� ���E �•-,��•
�Graham Associates,lnc. DENTON COUNTY, TEXA5
CONSU�Tig� ��ENIiiN� � �ltERS 0 50 100 150
,wuuo'�aN. �c�s �eo» � s�o-as3s
rn� nu� F »w/�sris tmaie-m
3of10
OATE: JANUARY 2014
J/Oenton/P17-TCE-2
Page 2 of 2
. +
.
PA.RCEL 17-TCE-2
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BEING a 0.07 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of a tract of land conveyed to Jones Famil.y Trust,
as recorded Volume 7'73, Page 63, and conveyed by deed to Jones Family Trust, as
recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being
more particularly described by metes and bounds as follows: '
COl��l1�N'CING at a found iron post, said point being the northwest corner of Lot l,
Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Recards, Denton
County, Texas, and being in the south line af a tract of land conveyed to Eliza T.
Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County,
Texas;
THENCE South OS°36'S3" West, a distance of 513.07 feet to a point; said point being the
northeast corner of said Jones tract, and being in the approximate centerline of existing
Bonnie Brae Street (having a variable width R.O.V�;
THENCE North 89°42'09" West, leavi.ng said approximate centerline, and along the
north line of said Jones tract, a distance of 168.86 feet to a poini, said point being in the
proposed west right-of-way line of Bonnie Brae Street (having a variable width R.O.V�;
THENCE South 00°17'S1" West, leaving said north line, and along said proposed west
right-of-way line, a distance of 29.2� feet to a point for the POTNT OF BEGINNING,
THENCE South 00°17'S1" West, continuing along said proposed west right-of-way line,
a distance of 73.00 feet to a point for corner;
THENCE North 89°42'09" West, leaving said proposed west right-of-way line, a distance
of 40.00 feet to a point for corner;
THENCE North 00° 17'S1 " East, a distance of 73.00 feet to a poiut for corner;
THENCE South 89°42'09" East, a distance of 40.00 feet to the POINT OF BEGINNI[NG
and CONTAINING 2,920 square feet, 0.07 acres of land, more or tess.
4of10
IPAGE S OF 2
EXHIBIT "A"
3624 S. BONNIE BAAE
JONE5 FAHI�Y TRUST
45.86 AC
�
�r
PROPOSED �
Fi.O.W.
ii
SEi�C ���J � 32`E FENCf � t
41.85' ��
n
N07'34'28"E ��
50.00' � r_
• N82'25'32"W 40.84' --� � �
ROBERT W, JONES, JR POINT OF ��
VnL. 773, PG. 55, D. R.O. C. T. Bg��ING r
CONVEYEO 6Y DEED TO �3'33'24'W
JONES FAHILY TRUST pi.15' � j
VOL. 4913, PG. 2359
D.R.O.C_T.
I
J__
i----- i
__i_ �
N►�� P�i,�
N' 0, c? .
5m'.'0p p p.
S68'40'03'W
35.44'
LOT !
JEAN M.6. TUNNELI
INST. N0. 2012-69612
D.R.O.C.T.
22f6 S. BOMJIE BAAE
LOT 2
CFC±ISTOPt�A N. NATTS
VOL, 5l02. P6. 2398
U.R.D.C.T.
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2220 s. BONAII�BA7�E- — — �
L0T3A___--
JOHN P. OANSBV "`i
VOt.. 1554, P6. 969 �
O.R.O.C.T. �
A- 6'25'45'
R-1047.50'
T=5B.B3' �
L=117.54' �
CbmNO3 ' 13 ' 44 "E ��t�
�c�117_48' *$��`�'
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2324 HIGHLANO PARK RO
MILTON 8. CLHARHAN 6
�OUSE, ANTTA A. CIEARNAN
VOL. 4437. P6. 2213
D.P.O.C.T.
i �
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i �
�-.____�� t �
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- ------.,.1 �.._JK,wtrat� wtun
/ � /
",.Tji
l..----
BA5I5 OF BEARIN� IS NOATH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM. TEXAS NORTH CENTRAL.
PARCEL 17--TCE--3
BEING A
2,067 SQ.FT./0.05 ACRE
TEMPORARY CONSTRUCTION EASEMENT
SITUATED IN THE O.S BREWSTER SURVEY, n
ABSTRACT N0. 56,
DENTON COUNTi�, TEXAS gpApHIC SCALE �-.,00�
� Graham Associates,inc.
CONSiiLTING ENGINEERS d� PWiNERS
aoo s�x Fuas o� sur� soo
,vxa�atnN, �s �satt si� a�o-aBsa
te� � F »w/�.s �o�a3e-oo
5of10
0 50 S00 150
DATE: JANUARY 2014
J/Oenton/P�7-TCE-3
Page 2 of 2
PARCEL 17-TCE-3
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BEING a 0.05 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr
as recorded in Volutne 773, Page 55, and conveyed by deed to Jones Family Trust, as
recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the northeast corner of Lat
3A, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton
Counry, Texas, and being in the existing west right-of-way line of Bonnie Brae Street
(having a variable width R.O.W.);
THENCE North 00°17'S4" East, along said existing west right-of-way line, a distance of
348.97 feet to a point, said point being in the south line of said Robert W. Jones, Jr. tract,
and being the northeast corner of Lot l, Solaz Way Addition, as recorded in Cabinet B,
Page 196, Plat Records, Denton County, Texas, being a common line;
THENCE South 88°40'03" West, leaving said existing west right-of-way line and along
said common line, a distance of 35.44 feet to a point, for the beginning of a non-tangent
curve to the right having a radius af 1047.50 feet and a central angle of 6°25'45", and a
long chord which bears North 03°13'44" East, 117.48 feet, said point being in the
proposed west right-of-way lin.e of Boruue Brae Street (having a variable width R.O. W.);
'THENCE leaving said common line, along said proposed west right-af-way line and
along said non-tangent curve to the right an arc distance of 117.54 feet to a point;
THENCE North 83°33'24" West, leaving said proposed west right-of-way line, a distance
of 21.15 feet to a point for the POINT OF BEGWN]fNG;
THENCE North 82°25'32" West, a distance of 40.84 feet to a point for corner;
THENCE North 07°34'28" East, a distance of 50.00 feet to a point far corner;
TFiENCE South 82°25'32" East, a distance of 41.85 feet to a point for corner;
THENCE South 08°43'18" West, a distance of 50.01 feet to the POINT OF BEGI��INING
and CONTAINING 2,067 square feet, 0.05 acres of land, more or less.
6of10
PAGE 1 OF 4
J01�S FANIIY TRUST
VOL. 773. P6. 55. D.R.O.C.T.
�t.�
r����'�'
�� ��
�� ��
��-� VOL. 7�3ERPG. 5NO.R ❑ C.T.
CONVEYED 8Y DEEO TO
JONES FANILY TRUS7
VOL. 49�3. P6. 2359
D.R.O.C.7.
�
W NBB'40'03"E 949.49'
t'J �
a
S88 40 03'W 904.88'
� ----`_--.— — ---'-----oi6'�i,
C�
�
i
►� �9 � 5�96
5�.�.0p 4 .
/
EXHIBIT "A"
�
FENCE Xf.�.
��--
�f
� �—
�x
-y� I
�,
\ f
see'ao'o3`w -�
2fi.39'
588'40'03'W
35.44'
LOT i
JEAN 11.6. TtNk1ElL pqOPO5E0
INST. N0. 2032-646f2 R.O.W.
D.H.O.C.T.
Sg
Cq�� 'S'4y
9�C���l�
r ojo,�,
2236 S. BONNIE BRAE
I.OT 2
CFPISiOPi�R H. WATTS
VOL. 8302. P6. 23�
O.R.O.C.T.
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2220 S. 80M1I�BA�� � — � `
lOT 3A — — ._ — ,
JDt�I P. DANSBY � i
VOL. l5S4. P6. 969 �
O.R.D.C.T. ,
3'43'18"W
50.78'
e� a•44�ie-
R=1047.50'
T=25.04'
1�50.06'
Cb=NO�'23'00"E
Lc=50.06'
2324 H2GitAND PAPK t�
H2lTON B. CIEARNAN C
SPOUSE, ANSTA A. CLEAAMAN
VOL. 4437. P6. 2213
O.R.O.C.T.
� � �/ `�
� ��
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i
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i
i
BASIS OF BEARING IS NORTH AMEAICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
5YS7EM, TEXAS NORTH GENTRAI.
FARCEL 17—TCE-4
- BEING A
50,323 SQ.FT./1.16 ACRE
50' TEMP�RARY CONSTRUCTIUN EASEMENT
SITUATED IN THE O.S. BRE�STER SURVEY,
ABSTRACT N0. 56,
DENTON COUNTY, TEXAS �,,,�,I� S�� ,•-,00,
0 50 100 150
. Graham Assaciates,lnc.
cor+su�nNc ENciN�Rs a Pw�++Exs
eoo sx �ucs o�, su� soo
�a1oH. �oc�s �em� e�� a�o-�a
� r� F-»e�/mPts �ma3e-oo
DATE: JANUARY 2014
7 of 1 0 J/Oenton/Pi7-TCE-4
PA6E 2 OF 4
JONES FANILY TRUSi
YUL. 773, PG. 55. O.R.O.C.7.
COflVEYEO BY DEED TO
JONES FAHIIY Tf�1ST
VOL. 49l3, P6. 2359
�.R.O.C.T.
�J��9"
���
�.�a�,�
�:� �
RO�AT W, JONES, JA
VOL. 773, P6. 55. D.F.D.C.T.
N 17 '33 ' 34 "E CONVEYEO BY OEEO TO
105. 69 � VOL� 4913,IL G T 2359 ~
p.R.D.C.T. W
N88'40'03"E 949•49' V`
�a
� ��� \��� � ��
�
\� � � \
\ \ \ ,' ���� � � � �� S88 '40 ' 3"W 904. S' � y �
---1�,`'`'��__________
f�NAIl�ER \
JEAN M.6. TUMNELI
INST. N0. 20f2-69S12
O.P.O.C.T.
S17 '33' 34 "W
52.85'
3'40'03"W
52.85'
S�y �
PawO �si
�'8P P 0'
LOT !
�tN N.B. TUlWELL
INST. ND. 20l2-696f2
D.R.O.C.T.
22f6 5. BOt�IIE BRAE
LOT 2
Ct�7I5TOPi$ii N. MATTS
VOL. 8102. PG. 2398
D.R.D.C.T.
`�B,' ~7
Y
9°c�jT
r vlqy
PARCEL 17—TCE--4
BEING A
50,323 SQ.FT./1.16 ACRE
50' TEMPORARY CONSTRUCTION EASEMENT �
SITUATED IN THE O.S. BREWSTER SURVEY,
ABSTRACT N4. 56, �I� � s•-loo,
DENTON COUNTY, TEXAS
Graham Associates,lnc. o so �oo s5o
� CONSULIING ENGINEERS dc PUWNfRS
aoo snc rucs owv� su� soo
�atwi, tous �em1 e») uo-asss
�� F na�/reas : io�aas-oo DATE: JANUARY 2014
8 of 1 0 J/Oenton/P17-TCE-4
Page 3 of 4
EXHIBIT "A"
PARCEL 17-TCE-4
LEGAL DESCRIPTION
50' TEMPORARY CONSTRUCTI4N EASEMENT
BEING a 1.16 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr
as recorded in Volume 773, Page 55, and canveyed by deed to Jones Family Trust, as
recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the northeast corner of Lot
3A, Solar Way Addition as recoxded in Cabinet H, Page 44, Plat Records, Denton
County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street
(having a variable width R.O.W.);
THENCE North 00°17'S4" East, along said existing west right-of-way line, a distance of
348.97 feet to a point, said point being in the south line of said Robert W. Jones, Jr. tract,
and being the northeast corner of Lot 1, Solar Way Addition; as recorded in Cabinet B,
Page 196, Plat Records, Denton County, Texas, being a common line;
THENCE South 88°40'U3" West, leaving said existing west right-of-way line and along
said common line, a distance of 35.44 feet to a point, for the begirming of a non-tangent
curve to the right having a radius of 1047.50 feet and a central angte of 2°44'18", and a
long chord which bears North Ol°23'00" East, SO.Q6 feet, said point being in the proposed
west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.);
THENCE leaving said common line, atong said proposed west right-of-way line and
along said non-tangent curve to the right an arc distance of 50.06 feet to a point;
THENCE South 88°40'03" West, leaving said proposed west right-of-way line, a distance
of 26.39 feet to a point for the POiNT OF BEGINNING;
THENCE South 88°40'03" West, a distance of 904.88 feet to a point for corner;
THENCE South 17°33'34" West, a distance of 52.85 feet to a point for corner, said point
being in the north line of a tract of land conveyed to Jean M.G. Tunnell, as recorded in
Instrument No. 2012-69612, Deed Records, Denton County, Texas;
THENCE South 88°40'03" West, aiong said north line, a distance of 52.85 feet to a point
for corner;
THENCE North 17°33'34" East, leaving said north line, a distance of 105.69 feet to a
point for corner;
9of10
: �
Page 4 of 4
THENCE North 88°40'03" East, a distance of 949.49 feet to a point for corner;
THENCE South 08°43'18" West, a distance of 50.78 feet to the P�INT OF BEGINNING
and CONTAINING 50,323 square feet, 1.16 acres of land, more or less.
10 of 10
ATTACHMENT 4
TO
PURCIiASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STR.�KE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCI.AL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SLOPE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT the JONES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and
No/100 DolIars ($10.00) and other good and valuabte consideration in hand paid by the City of
Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED,
BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL
and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual slope easement in, along,
upon, under, over and across the fol(owing described property (the "Property"), owned by
Grantor, and situated in Denton County, Texas, tocated in the O. S. Brewster Survey, Abstract
Number Sb, to wit:
PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the foilawing purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetua(ly
maintaining lateral slope in, aiong, upon, under, over and across said Property, including without
limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all
times in, along, upon, under, over and across the Property to Grantee herein, its agents,
employees, contractors, workmen and representatives, for the purposes set farth herein, including
without limitation, the making additions to, improvements an and repairs to said lateral slope
features or grade, or any part thereof.
This Easement is subject to the fol(owing covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property by Grantor. Further, Grantor stipulates
and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the
grade of the Property and may remove from the Property, such buildings, fences, structures,
signs, facilities, improvements and other obstructions as may now or hereafter be found upon
said Property and dispose of any such buildings, fences, structures, signs, facilities,
improvements or obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions cantained herein, to make use of the Property for any purpose that does not interfere
with Grantee's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness our hand, this the `��'day of (iio✓�,�. �c./ , 2018.
Grantor:
JONES FAMILY TRUST
BY��� ��``'`'� --�
Robert W. Jones, ste
0
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on �%/L�.�e,.� �, 2018 by Robert W.
Jones, Trustee of the Jones Family Trust.
Y ��.�- P. �.Jn` S tw ds
?°�� ���� MyaCommissiongExpires Notary Public, in and for the State af Texas
���t 10i21/2019
9�""'"� IU No, 128351004
My Commission Expires: jo-2 t- 2,ot�
AFTER RECORDING RETURN TO:
City of Denton — Real Estate Manager
216 W. Mulberry
Denton, Texas 76201
Attn: Paul Williamson
EXH1817 "A:
�AGE f OF 2
< ;��
a; ��
{. �,.
r��f �`,:
P��t i
� ,���
f82A S. BDNNIE BRAE
JONES FANTIY TRUST
VpL. 773. PG. 63
D.R.O.C.T.
CONVEYEO BY pEEp TO
JON�S FAHItY TqUST
VOI.. C913. PG. 2359
D.F.D.C.T.
1400 5. 8(Ye1fE BfUE
81NNpYEEBTF�ffHT�ITD � � �
M C�BTlIEiAL`/�.001SitON. J
c�e. a sc. asz I .-•- --
P.R.O,C.t. � ,i
'//
''�..1Ji. ... , . .
1
i
;
i
POINT 0 .
�e2a s �orwre eaae
JONES FAHIIY TRUS7
VOL. 773. PG. 63
O.R.D.C.T.
CQNVEYEO BY OEEO Td S$9'A2'09'E
JONE9 FAHILY 7RUS7 4 p�,
VO�. 43f3, PG. 2359
O.R.U.C.T.
d� 5 '05 ' 42'
Rs932. SO' �'`��,�``
T=41.A9'
LA82.92'
Cb�°N05 '29' 47' E
Lc482.90' NOB'02'38"E-��
21.59'
�G.v -• . �, � ..�I�, '-
:I �
I '
-- — ,�at w. ,�a,Es, ,s. S 8'38'SA'� � .
va. �r3, vs. sa ae.o.c i A.05' �
so�rEo er oem To POItVT OF �( `:
JpVES fiUQIY 7RlST
�� 0 R O.0 T. z� HBGINNQ�IG tt ;
9ASIS OF BEARING IS NOP7H AMERICAN OATUM
lBl) 5. O1�N]E 6tiiE
l07 !. Bi.OLIf t.
ORC17 C NUtH THOHlS
Ilt5t. N0. 95-00874�g
D.R.O.C.T.
c� \
\
�O
r4 �
�°'�,�,'o
�O
4a
rOA�S
Q T
'o ,�
� ,�
_______ ..-----4= 5 '06' 23' 1
Fi=936. 50' �
T=41.76'
1=83.d6' ��
Cb4505'29'27'W (
1.C�63. d4' I
)8 '02' 98'W
20.92'
w
Of 1983 (NA0-B31 57ATE PI,AtJE COOROIMATE
5YS7EH, TrXAS MORTH GENTpAI.. P1'�—SE'-I
HEING A
418 SQ.FT./0.01 ACRE �"�
SLOPE EASEMENT
SITUATED IN THE 0.5. BREWSTER SURVEY
ABSTRACT N0. 56 �_�« ��E �•-,��
Grahom Associotes lnc. DENTON COUNTY, TEXAS
� COttSULTitiG ENGiNEERS E� Pi,+fNNERS o so foo fso
�op su� n�os oavr. aitE eoo
tr�cew'�o�w�zean� m sao-ae�s
�� .�a�oy DA7E: JANUARV 20 S 4
Page 1 of 5
JlOentan/P17-5E-!
Page 2 af 2
EXN(BIT "A:
P�1RCfL t7-SE-1
t,EGAL L�L-"SClZIPTION
SG�PI� CASGMEI�IT
B�tNG a Q.OI acre tract of land situafed i�i the O.S. Brewster Survey, Abstracl No. 56, Denton Co�nty,
Texas, being a portioif of a tract of land convcyed to Jones Pamity Trust, as recorded Volume 773, Page
63, and conveyed by deed ta lones Famiiy Trust, as recorded in Volume 4913, Page 2359, Dced Records,
Denton Cou�ty, Texas, and being morc par�icui�riy described by metes and bvunds as foUows:
COMMENCMG at a found iran post, said point being the nanhwest comcr of Lot t, Block 1, Swcet
Crcck Addition, as recorded in Cabinct M, Page 80, �'lat Rec:ords, llenton County, Texas, and being in the
south tine of a trant of {snd corivoycd to Eliza T. ShockScy as recorded in lnstrument No. 2005-�4299,
Dced Records, Denton Counry, Texns;
THENCE South 04° I('02" West, a distance of 7 I6 �)5 Ccct to a point, suid point be's�tig the savt4�east corner
of said Jones iract, and being in ihc approximate centcrline of existing Sonnie Brae Strcet (having a
variable width R.O. W), and being ihe northeast corner of a Eract of land conveyed to Rob�rt W. Jones Jr.,
as recorded in Volume 7�3, Page 5, and conveyed by deed to lones Family Tcust, as recorded in Volume
4913, Page 2359, I�eed Recnrds, Dcnton Cou�ty, Texus, being a common iine;
THENCG Sauth 88°38'S4" West, teaving said appr�ximate cenierGne, and elong said common line, a
distac►ce oF 55.27 Seet to a p�int ior the PUiNT OF BEGtNNTNC'r
THENCB South 88°38`54" West, continuing along said common line, a distance af 4.05 feet to a point for
corner;
THCNCE Norih 0$°02'38" East, ieaving said common line, a distance of 21.54 feet ta a paint for camer,
for the beginning of s tangent curvc ta the Ieft having a radius of 932.50 fcet and a centrai angta of
5°OS'42", and n long chord whici� bc�rs North OS°24'47" �ast, $2.90 fcet;
7'N�NCL along said tangent curve tU the feft, an arc distance of 82.92 feet to a point Cor corncr, said point
being in the proposed west riglit-oF-wxy iine oF 13�nnie Brae Street {having a variabte widlh R.O.W.);
TldENCE 5out1� 89��#2'09" Bast, afang said proposed west right-�f-tvay line, a distance of 4.00 feet to a
point for corner, for thc begi�ning vf a non-tangent curve to the sight fiaving a radius of 936,SQ fecl and n
eentta! angle of 5°06'23", and a lang choni which bears South OS°29`27" West, 83.44 fect;
TH�NCE leaving said proposed west right-of-way tine, and along said non-tangent curvc to thc right, �n
arc distanee oF 83.46 feet to a point for comer;
THENCE Sauth 08°02'38" West, a distance of 20.92 feet to the AOIN'i OP CiEGINNING anci
CONi�ASN1NG 418 square feet, 0.01 acres of 1and, more or less.
Page 2 of 5
EXH1BIi' "A:
�PAGE f pF 3
N88 '38' 54 "E
-- _— - ----------4.05�.�
JptfB G�MZ�Y IfiYT W
Vd.. 773. PG. SS �
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VOL. f�3�. �G. O6D
0 O.C.7 ,
8A5IS OF SEARING IS NOATN AHEaiCAN OA7UM
OF f983 lNAO-83) STATE PIANE COORpINAiE
SYSTEH. TESCAS NORTtI GENTRAL.
PARCEL 17-5E-2
HEING A
.�,272 SQ.FT. f 0.03 ACRE
SLOPE EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY, �
ABSTRACT N�. 56,
DENT�N C4UNTY, TEXA.S �,,,p,,,� ,�,« ,._„�
Graht�m Associates,inc.
CON5Uli1NG ENGINfERS 3 PUNHERS
aoo sx ruas ora� sa� soo
Nau+cta+. tcxtis �eos� en} ew-asu
teoe ront s-n���rsvu L� �a�ese-oo
Page3of5
= r ����
, , „
pATE: JANUARY 2014
�iuencanir�i-5t^Z
Yage 2 oC3
EXHIBlT "A:
PAIZCEI, l7-SE-2
L�GAL DCSCRIP"I'ION
SLOPE EASEMENT
BE1NG a 0.03 acre tract of !and situated in thc O.S. Brewster 5urvey, Abstract Na. 56, Denton
County, Texas, bein� a portion of a tract of land convcyed to Robert W. Jones, Jr as recordeci in
Votume 773, Page 55, and conveyed by deed t� Jones Family 1'rust, as recorded in Volume 4413,
Pagc 2359, Dced Rccords, llenton County, Texas, and being morc particularly described by metes
and bounds as follows:
COMMENCI�fG at a found 1/2 incli iron rod, said point being the northeast corner of Lot 3A,
Soiar Way Addition as recorded in Cabinet H, Page 44, Ptat Records, Denton County, Texas, and
bein� in the exisling west right-of-way line of Bonnie f3rae Street (having a variabte width
R.O.V1.);
THFNCF North 00°! 7'S4" E,ast, along said existing west right-of-way line, a distunce of 348.97
fect to � point, said point bcing in the south line of said Robert W. Jones, Jr. tract, and being thc
northeast comer of Lot i, Salar Way Addition, as reeorded in Cabinet $, I'age I 96, Plat Records,
Uenion County, Texas, being a com,mon line;
THENC}� 5outt► 88�4U'03" West, leavin� said Cxisting west right-of tivay linc and atang said
common linc, a distancc of 35.44 feet to s point, for tlie beginning of a non-tan�ent curve to the
right having a radius of 1047.50 feet and a central nngie of 2°4A' 18", and a long chord which bears
Narth O l°23'00" East, 50.OG fcet, said point being in thc praposed west right-af-way 1 ine of Bonnie
Brae Street (having a variable width R.U.W.);
THCNCE Ieaving said common line, along said �roposed tvest right-of way iine and along said
non-tangeat curve to the right an azc distnnce of 54.06 feet to a point;
TI-I�NCE South 88°40'03" West, leaving said proposed west right-of-way line, a distnnce of 16.Od
Ieet ta a point for the POtNT OF BEGINNiNts;
'I'HENC� South 88°40'03" West, a distancc of 10.35 feet to a point foc corner;
Ti•iENC� North 08°43' 18" East, a distancc of 133.15 feet to a point for corner;
THENC� North 08°02'38" F..ast, a distance of 120.30 feet to a point Cor camcr, said poinl heing in
the north Jine of said Robert W. Joncs, 3r. tract and being in thc south tine a tract of land conveyed
to 7anes Famiiy Trusi, as recorded in Volume 773, Page 55, and conveyed by dced to Jones Farnily
Tn�st, as recorded in Volumc 4913, Page 2359, Deed Records, Denton County, "Cexas, being a
common linc;
`['H�A�CE North 88°38'S4" I.ast, alon� said common line, a distancc of 4.05 fcet to a point For
comer;
Page 4 0€ 5
'`\
' EXHlBti "A�.
�'age 3 of 3
1'HENCE South 08°02'38" West, feavinb said common iine, a distancc of I53.20 fect fo a point for
corner, for the beginning of a tangent curve to thc lefl having a radius of 106:i.5U feet, a ceniral
angle of S°21'I 1", asid a lan� ch�rd which bears South QS°?.2'03" West, 99.33 feet;
THENCH along said tangent curve tn the left, an arc distance of 99.36 feet to the k'OINT OF
BFsGINNTNG and CONTAJNING t,272 squaze feet, 0.03 acres of land, morc or less.
-vt.
Page 5 of 5
ATTACHMENT 5
TO
EASEMENT PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS
COUNTY OF DENTON
DRAINAGE EASEMENT
,
KNOW ALL MEN BY THESE PRESENTS:
THAT the JONES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and va(uable consideration in hand paid by the City of Denton,
Texas, receipt of which is hereby acknowledged, has GR.ANTED, BARGAINED, SOLD and
CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City
of Denton, Texas ("Grantee"), 215 E. McKinney, Denton, Texas 76201, a perpetual drainage
easement in, along, over, upon, under and across the fol}owing described property (the "Property"),
owned by Grantor, and situated in Denton County, Texas, located in the O.S. Brewster Survey,
Abstract Number 56, to wit:
PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining drainage, and related drainage facilities and appurkenances, including without
limitation, the right to overflow the Property, in, along, over, upon, under and across said
Property. The rights granted herein shal( further include, without limitation, the free and
uninterrupted use, liberty, passage, ingress, egress and regress, at alt times in, along, over, upon,
under and across the Property ta Grantee herein, its agents, employees, contractors, workmen
and representatives, for the purposes set forth herein, including without limitation, the making
additions to, improvements on and repairs to said facilities and/or drainage features or grade, or
any part thereof.
This Easement is subject to the following:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of
any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along,
over, upon, under or across the Property by Grantor. Further, Grantor stipulates and
acknowledges that the Grantee, in cansideration of the benefts above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property
by Grantor that may impair, damage or destroy the laterai slope established for drainage,
including without limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee
shali have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may
encroach upon the Properly. Grantee may cut, trim, or remove any shrubs or trees, or portions of
shrubs or trees now or hereafter located within or that may overhang upon the Property without
liabitity to Grantee, including without limitation, the obligation to make further payment to
Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained herein, to
make use of the Property for any purpose that does not interfere with the Grantee's rights granted
to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall constitute
covenants running with the land and shall be binding upon the Grantor and Grantee, and their
heirs, devisees, successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness my hand, this the ��' day of ►'l�o✓cw�,�c,✓' , 2018.
2
Grantor:
JONES FAMILY TRUST
B . y ��
y "�..
Robert W. Jones, Truste
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on p1 o�tw�b� ,� , 2018 by
Robert W. J e, T• s e, f t i Jones Famil Trust.
O�r�YA/,�� Wanen P Wright , `�
=��ty''�, My Commiasion Expires ��� � � j,n �j V�"
� f�1,�� �o12i�2o�9 Notar Public, State of Texas
�!`""' t� Ip No. 128351004 Y
My commission expires: L�-2t--���
AFTER RECORDING RETURN TO:
City of Denton — Real Estate Manager
216 W. Mulberry
Denton, Texas 76201
Attn: Paul Williamson
3
(PncE i oF 2
VOL.
EXHIBiT "A"
�
C.T. ; �
4 ti
ti �
�i�
s��
-�I����•
��
i:�� �`�'
ROBERT W. JONES JR
VOI. 773, PG. 55 D.R.D.C.T.
CONVEYEO BY OEEO 70
JONES FANZLY TRUST
VOL. 49l3, PG. 2359
D.R.D.C.T.
NBB'40' 03"
89.46'
N00 '50' 03"W
20.00'
5�'� a�o j�98
G►�p P' _
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� POINT OF
BEGINNING
lOT !
JEAN H.G. TUNNELL
INS7. N0. 20f2-69612•
D.R.O.C.T.
2216 5. BONNIE BAAE
l0T 2
CHRSSTOPt�f; M. MATTS
VOL. 5f02, Pfi. 2398
D.R.D.C.T.
�
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F1=SOCi3. 5U �
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1.=20. 01 '
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XIITON 8. CIEARMAN 0
SPOUSE, ANZTA A. CIEAiB1AN
VOL. 443�. P6. 22l3
p.R.O.G.T.
� ��
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POINT OF ' ; , •� - --------
COalMSNCIIajG '
i1D 1/2', j!p \/ i y'
i �
2220 5.`oT013NIE BRAE — — — — ' ` ti
�
V J��1554. �P6.�969 ' — � + i
O.R.D.C.T. i i
BASIS OF BEARIN6 I5 NORTH AMERICAN OATUM
OF 1983 (NAD-83) STATE PIANE COORDINATE
SYSTEM, 7EXAS NORTH CENTRAI.
PARCEL 17—DE-1
BEING A
1,784 5Q.FT./0.04 ACRE
DRAINAGE EASEMENT
SITUATED IN THE 0.5 BREWSTER SURVEY,
ABSTRACT N0. 56,
DENTON COUNTY, TEXAS �,��„I� �;,,� ,..,00•
o so soo iso
^ Graham Associates,lnc.
((� CONSULTINC ENGINEERS � PLANNERS
`�r aoo sx Fucs or�. surt� soo
� ����/�s�»�m�
DATE: JANUARY 2014
J/Dentan/P17-DE-1
Page 2 of 2
EXHIBIT "A"
PARCEL 17-DE-1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
BETNG a 0.04 acre tract of land situated in the 4.5. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portian of a tract of land conveyed to Robert W. Jones, Jr
as recorded in Volume ?73, Page 55, and conveyed by deed to Jones Family Trust, as
recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod, said poin.t being the northeast corner of Lot
3A, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton
County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street
(having a variable width R.O.W.};
THENCE North 00°17'S4" East, along said existing west right-of-way line, a distance of
348.97 feet to a point, said point being in the south line of said Robert W. Jones, Jr. tract,
and being the northeast corner of Lot l, Solar Way Addition, as recorded in Cabinet B,
Page 196, Plat Records, Denton County, Texas, being a common line;
THENCE South 88°40'03" West, leaving said existing west right-of-way line and along
said common line, a distance of 51.44 feet to a point for the POIN'I' OF BEGI��TNING;
THENCE South 88°40'03" West, along said common line, a distance of 88.98 feet to a
point for corner;
THENCE North 00°50'03" West, leaving said common line, a distance of 20.00 feet to a
point for corner;
THENCE North 88°40'03" East, a distance of 89.46 feet to a point for corner, for the
beginning of a non-tangent curve to the left having a radius of 1063:50 feet and a central
angle of 1°04'41 ", and a long choxd which bears South 00°31'S9" West, 20.01 feet;
THENCE along said non-tangent curve to the left an arc distance of 20.01 feet to the
POINT OF BEGn�INING and CONTAINING 1,784 square feet, 0.04 acres of land, more
or Iess.
Zof2
ATTACHMENT 6
TO
PURCIIASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURA.L PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF TIiE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PR�PERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER UR YOUR DRIVER'S LICENSE NUMBER.
SANITARY SEWER EASEMENT
THE STATE OF TEXAS,
COUNTY OF DENTON
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
THAT JONES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton,
Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and
CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the
City of Denton, Texas ("Grantee") a perpetual sanitary sewer easement in, along, upon, under,
aver and across the following described praperty (the "Property"), owned by Grantor, and
situated in Denton County, Texas, located in the O. S. Brewster Survey, Abstract Number 56, to
wit:
PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining sanitary sewer pipelines, and retated facilities and appurtenances, in, along, upon,
under, over and across said Property, including without limitation, the free and uninterrupted use,
iiberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across
the Property to Grantee herein, its agents, employees, contractors, workmen and representatives,
for the purposes set forth herein, including without limitation, the making additions to,
improvements on and repairs to said facilities or any part thereof.
This Easement is subject to the following:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may remove from
the Property, such buildings, fences, structures, signs, facilities, improvements and other
obstructions as may now or hereafter be found upon said Property and dispose of any such
buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it
deems appropriate without liability to Grantee.
2. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
3. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may overhang upon the
Property without liability to Grantee, including without limitation, the obligation to make further
payment to Grantor.
4. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained
herein, to make use of the Property for any purpose that does not interfere with the City's rights
granted to it herein for the purposes granted.
5. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shail be binding upon the Grantor and Grantee,
and their heirs, successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness my hand, this the �a �' day of l��JL�. �c r , 2018.
Grantor:
JONES FAMILY TRUST
BY: �., S �� �
Robert W. Jones, Truste
7
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on �a✓t�'�°" �� , 2018 by Robert W.
Jones, Trustee of the Jones Family Trust.
�^v4+'�+.
2e�!s'Y �� Warren P Wtlght
„( ' ; My Commisslon �xpir��
'�\. /;`� 10/21l2019
9�F""i�' 10 No. 128351A04
AFTER RECORDING RETURN TO:
City of Denton — Real Estate Manager
216 W. Mulberry
Denton, Texas 76201
Attn: Paul Williamson
�.J�.. P ,�� � t�,'"
Notary Public, in and for the State of Texas
My Commission Expires: !� " �1 r �°+°+
3
PAGE 1 OF 4
JOt�S FAHILY TRUST
VOL. 773. P6. 55. O.P.O.C.7.
CONVEYEO BY DEEO TO
.1DNE5 FANILY THUST
VOL. 4913. Pfi. 2359
n o n r r
�`����
���.� .
����ks
�
�
��♦ ` VDI. 7� 3ER PG. 55,N D. R. 0 C. T.
CONVEYEO BY DEED TO
JONES FANIIY TAUST
VOI. 4973. P6. 2359
o.A.o.c.T.
.
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S88'40'D3"W
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JEAN N.6. TUlu�ELL ppOPOSEO �"
INST. N0. 2012-696i2 R.O.N.
D.R.D.C.T.
�49
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CNRISTOPF�R N. MATTS
VOL 5102, P6 2388
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SPOUSE. ANITA A. CLEARNAN
VOL. 4�37, PG. 22l3
O.R.D.C.T.
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VOL. 1554, P6. 969 ' �
D.R.D.C.T. � �
'BASIS OF BEARIN6 IS NORTH AMERICAN DATUM
OF 1983 (NAD-B3) STATE PLANE COORDINATE
SYSTEM. 7EXA5 NORTH CENTRAL.
PARCEL 17—SSE-1
BEING A
28,194 SQ.FT./U.fiS ACRE
30' SANITARY SE�VER EASEMENT
SITUATED TN THE O.S. BREWSTER SURVEY,
ABSTRACT N0. 56,
DENTON COUNTY, TEXA.S �,„I� �E ,•-,00•
0 50 !00 150
n
� Graham Associates,inc.
coNsu�nt+c �cr��Rs a� PunNa�s
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1 of 4
OATE: JANUARY 2014
J/Oenton/Pf7-SSE-1
�PA6E 2 OF q
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ROBERT W. JONES. JR
VO�. 773, P6. 55. D.R.O.C.T.
CONVEYEO BY DEED TO
JONES FANILY TRUST
VDL. 4913. P6. 2359
O.R_D.C.T.
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EXHIBIT "A"
JOMES FANILY TFX15T
Y�. 773, P6. 55, D.H.O.C.T,
COUVEYEO 8Y 0£EO TO
.JOI�ES FAHILY TiM1ST
YOi. 4973. PG. 2359
O.p.O.C.T.
A �9Y
.9�C��jT
l qjp�,
BASIS OF BEARING IS NORTH AMERICAN OA7UM
OF 1983 (NAD-B3) STATE PLANE COOR�INATE
5Y5TEM. TEXAS NORTH CENTRAL.
PARCEL 17--SSE-1
BEING A
28,194 SQ.FT./U.65 ACRE
30' SANITARY SE�PER EASEMENT ,"'
SITUATED IN THE O.S. BREWSTER SURVEY,
.ABSTRACT N0. 56� 6RAPtiIC SCALE ,-.,�•
Graham Associates,lnc. DENTUN COUNTY, TEXAS o 5o ioo �50
� CONSULTING EN(iINEERS �C PLANNERS
eoo s�x awcs owvE. surte soo
� � �iis��s �� �m� DATE: JANUARY 2014
2 Of 4 J/Oenton/P17-SSE-7
Page 3 of 4
EXHIBIT "A"
PARCEL 17-SS&1
LEGAL DESCRTPTION
30' SANITA.RY SEWER EASEMENT
BEING a 0.65 acre tract of land situated iun the O.S. Brewster Survey, Abstract No. 56, Denton
County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr as recorded in
Volume 773, Page 55, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913,
Page 2359, Deed Records, Denton County, Texas, and being more particularly described by metes
and bounds as follows:
COMMENCIl�tG at a found 1/2 inch iron rod, said point being the northeast comer of Lot 3A,
Solar Way Addition as recorded in Cabinet H, Page 44, Plat Recoxds, Denton County, Texas, and
being in the existing west right-of-way line of Bonnie Brae Street (having a variable width
RO.W.);
T`HENCE North 00° 17'S4" East, along said existing west zi�ght-o£ way line, a distance of 348.97
feet to a point, said point being in the south line of said Robert W. Jones, 3r. tract, and being the
northeast comer of Lot 1, Sotar Way Addition, as recorded in Cabinet B, Page 196, Plat Records,
Denton County, Texas, being a common line;
THENCE South 88°40'03" West, leaving said existing west right-of-way line and along said
common line, a distance of 35.44 feet to a point, for the beginning of a non-tangent curve to the
right having a radius of 1047.50 feet and a central angle of 1°OS'40", and a long chord which bears
North 00°33'41" East, 20.01 feet, said point being in the proposed west right-of-way line of Bonnie
Brae Street (having a variable width R.O.W.);
THENCE leaving said common line, along said proposed west right-of-way line and along said
non-tangent curve to the right an arc distance of 20.01 feet to a point, said point being in the north
line of a 20' Crosstex Easement, as recorded in Instnxment No. 2008-58200, Deed Records,
Denton County, Texas;
'THENCE South 88°40'03" West, along said north line, a distance of 16.01 feet to a point for the
POINT OF BEINNING;
THENCE South 88°40'03" West, continuing along said north line, a distance of 893.26 feet to a
point for comer;
THENCE South 17°39'39" West, leaving said north line, a distance of Z1.1S feet to a point for
comer, said point being the northwest corner of said Lot l, Solar way Addition, ar�d being in the
north line of a tract of land conveyed to Jean M.G. Tunnell, as recorded in Insfiunent No.
2012-69612, Deed Records, Denton County, Texas;
THENCE South 88°40'03" West, along said north line, a distance of 30.52 feet to a point for
comer;
3 of 4
13:�:1I:3�ii/tVi
Page 4 of 4
THENCE North 17°33'34" East, leaving said north line, a distance of 52.85 feet to a point for
corner•,
TT�NCE North 8$°40'03" East, a distance of 915.24 feet to a point for corner, for the beginning of
a non-tangent curve to the left having a radius of 1063.50 feet and a centxa.l angle of 1°37'08", and
a long chord which beaxs South 01 °52'S3" West, 30.05 feet, said point being in the proposed west
right-of-way line of said Bonnie Brae;
THENCE along said proposed west right-of-way line, and along said non-tangent curve to the left
an arc distauce of 30.05 feet to the POINT OF BEGINNING and CONTAINING 28,194 square
feet, 0.65 acres of Iand, more or less.
��
4of4
v b�-�s��o+�-
ATTACHMENT 7
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TR.ANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR Y4UR DRIVER'S LICENSE NUMBER.
UTILITY AND DR.AINAGE EASEMENT
THE STATE OF TEXAS,
COUNTY OF DENTON
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
THAT the JONES FAMILY TRUST ("Grantor"), in consideration af the sum of Ten and
No/100 Doilars ($10.00) and other good and valuable consideration in hand paid by the City of
Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED,
BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL
and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual utility and drainage
easement in, along, upon, under, over and across the foilowing described property (the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the O. S.
Brewster Survey, Abstract Number 56, to wit:
PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining utilities and drainage, and related facilities and appurtenances, in, along, upon,
under, over and across said Property, including without limitation, the free and uninterrupted use,
liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across
the Property to Grantee herein, its agents, employees, contractors, workmen and representatives,
for the purposes set forth herein, inc(uding without limitation, the making additions to,
improvements on and repairs to said facilities, drainage features or grade, or any part thereof.
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acknowledges that the Grantee, in cansideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope established for
drainage, including without limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shail have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach ar overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make farther payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to make use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute cavenants running with the land and shall be binding upon the Grantor and Grantee,
and their successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
afaresaid the premise above descrihed.
7
Witness my hand, this the �`�
Grantor:
JONES FAMILY TRUST
day of i��✓��- b�✓' , 2018.
BY: �"`~��' -��. , i_ �,,
Robert W. Jones, Trustee
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on i�1o,,��,,,. ��,✓- �,` , 2018 by Robert W.
Jones, Trustee of the Jones Family Trust.
rwv�,r�rti
�,�Y �� Warren P Wright
�jt ° My Commisalon Expires
��,W�P 10/21/2019
�" �' ip No. 128351004
AFTER RECORDING RETURN TO:
City of Denton — Real Estate Manager
216 W. Mulberry
Denton, Texas 76201
Attn: Paul Williamson
G`�o�.Mt.. � vJn�tlS V`�--
Notary Pub(ic, in and for the State of Texas
My Commission Expires: i�--zt— 2�e t
3
IPAGE 1 OF 2
JONES FANIIY TRUST
VOI. 773. P6. 55, O.R.O.C.T.
CONVEVE� 8Y �EEO TO
EXHIBIT "A"
. i
i
i
X �
PROPOSED �
R.O.W. ;
�
�J'�QS' Fi08ERT W. JONES. JR FENCE �
�� VOI. 773. PG. 55, O. R.O. C. T. %< _ y,';
CONVEYED BY OEEO TO
JONES FANIIY 7RU5T i
VOL. 49�3. PG. 2359 ;
D.R.D.C.T. — _
N'� P�S��
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N88'40'03"E � !
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T=10.01'
L=20.01`
CbiN04 '31 ' S9"E
LC=20.01'
SB8'40'03"W 16.00'-
POINT OF
BSGINNING
LOT !
JEAN H.G. TUMJEIL
7NST. N0. 2012'696f2
O.R.D.C.T.
22l6 S. 801&JIE BAAE
L07 2
V� S 610� P6. �23�9BS
O.R.D.C.T.
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VOL. 1554. Pfi. 969 ;
D.R.O.C.T.
i�a
BASIS OF BEARING I5 NORTH AMERICAN DATUM
OF 1983 (NAO-83) STATE PI.ANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAI.
PARCEL 17-UDE-1
BEING A '
320 SQ.FT./0.01 ACRE
UTILITY & DRAINAGE EASEMENT
SITUATED IN THE O.S BREWSTER SURVEY, n
ABSTRACT N0. 56,
DENTON COUNTY, TEXAS gpAp�IC SCALE �--�ao�
f e= s •05 � ao •
�R=1Q47.50'
T�10.01'
L=20 . 01 ' �,'`�
Cb=S00 '33' 41 "W �y �
Lc=20.0!' ��,�r,�.
S88'40'03"W �$��
35.44'
2321 HI61LAM0 PApC R�
HZL70N B. CLEARNAN 6
SPOUSE. AtJITA A. Cl£ARMAN
VOL. 4437. P6. 22f3
D.R.O.C.T.
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�CONSULTING ENGINEERS dc PIANNERS
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1 of 2
0 50 i00 150
DATE: JANUARY 201A
J/Oenton/P17-UDE-1
Page 2 of 2
'�■ ' =
PARCEL 17-UDE-1
LEGAL DESCRII'TION
UTILITY & DRAINAGE EASEMENT
BEING a 0.01 acre tract of land situated in the O.S. Brewsier Survey, Abstract No. 56,
Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr
as recorded in Volume 773, Page 55, and conveyed by deed to Jones Family Trust, as
recorded in Volurne 4913, Page 2359, Deed Records, Denton County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the northeast corner of Lot
3A, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton
County, Texas, and being in the existing west right-of-way line of Bonnie Bxae Street
(having a variable width R.O.W.);
THENCE North 00°17'S4" East, along said existing west right-of-way line, a distance of
348.97 feet to a point, said point being in the south line of said Robert W. Jones, Jr. tract,
and being the northeast corner of Lot 1, Solaz Way Addition, as recorded in Cabinet B,
Page 196, Plat Records, Denton County, Texas, being a common line;
THENCE South 88°40'03" West, leaving said existing west right-of-way line and along
said cammon line, a distance of 35.44 feet to a point for the POINT OF BEGINNING,
said point being in the proposed west right-of-way line of Bonnie Brae Street (having a
variable width R.O.W.);
THENCE South 88°40'03" West, along said common line, a distance of 16.00 feet to a
point for corner, for the beginning of a non-tangent curve to the right having a radius of
1063.50 feet and a central angle of 1°44'41 ", and a long chord which bears North
00°31'S9" East, 20.01 feet;
THENCE leaving said common line and along said non-tangent cur�e to the right an arc
distance of 20.01 feet to a point for corner;
THENCE North 88°40'03" East, a distance of 16.01 feet to a point for corner, for the
beginning of a non-tangent curve to the left having a xadius of 1047.50 feet and a central
angle of 1°OS'40", and a long chord which bears South 00°33'41" West, 20.01 feet, said
point being in the proposed west right-of-way line of said Bonnie Brae Street;
THENCE along said proposed west right-of-way Iine and along said non-tangent curve to
the left an arc distance of 20.01 feet to the POINT OF BEGINNING and CONT.AIl�TING
320 square feet, 0.01 acres of land, more or less.
2 of 2
ATTTACHMENT 8
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF T�IE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS
COUNTY OF DENTON
TEMPORARY ACCESS EASEMENT
.
KNOW ALL MEN BY THESE PRESENTS:
THAT the JONES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton,
Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED,
SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY
unto the City of Denton, Texas, 21S E. McKinney, Denton, Texas 76201 ("Grantee") a temporary
access easement in, along, upon, over and across the following described property {the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the O. S.
Brewster Survey, Abstract Number 56, to wit:
PROPERTY DESCRIBED IN EXFIIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
It is agreed that the said Grantee in consideration of the benefits above set out, may remove from
the Property above described, such fences, signage, buildings and other obstructions as may now
or hereafter be found upon said Property, for the purpose of access in, along, upon, over and across
said Property. It is specifically stipulated by Grantor that the scope of the access may include the
clearing and removal of vegetation and trees that exist within the Property.
The Grantee, its agents, employees, contractors, workmen, and representatives shall have the right
of ingress, egress and regress in, along, upon, over and across said Property for the purpose of
access activities or any part thereof.
The term of this Temporary Access Easement shall commence on the date of the "Contractor
Notice to Proceed" related to the portion of the Bonnie Brae Widening and Improvements Project
affecting the Property and terminate on the earlier to occur of (i) two {2) years from such date of
the herein referenced "Contractor Notice to Proceed"; or (ii) April 1, 2022, unless the parties
mutually agree in writing to an extension or reduction of such term.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness my hand, this the J'-= day of ���e,.u�er' , 2018.
Grantor:
JONES FAMILY TRUST
s
BY: „3�`:�-- ..--._,�,. �C..�
Robert W. Jones, Trus ee
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on /��,,��,,,,,, �cr- �, 2018 by Robert W. Jones,
Trustee of the Jones Family Trust.
��..�,... � �Jn � �. I-
tO�Y� warren Pwriqht Notary Public, in and for the State of Texas
�
;Q ' , My Commission Expires
��, ,, " 10/2112b19
'�""� in No, �2838�ooa My Commission Expires: {,�-- 2� — 2oe 4
AFTER RECORDING RETURN TO:
City of Denton — Real Estate Manager
216 W. Mulberry
Denton, Texas 76201
Attn: Paul Williamson
7
EXISTING nCCfSy ESNT �` N1B '52' 17"W-----
VOL. agt3, PG. 2359 31 . i3 �
-- O.fl_D.C.i�_ .__.__..._._.._._
` E%ISTIHG ACCE55 E5H7 —
VOL. 49f3. PG. 2359
O.R.O.C.T.
BERNIECE K. J�IES 6
ROBERT N. JDNES
VOL. 77 PG 63, D.R.D.C.T.
C YEO 8Y DEED TO
JONES FANIIY TRUST
VOL. 4913, PG. 2359
D.R.O.C.T.
EXHIBIT "A"
� —�
l820-1822 BONNIE BRAE � .,'-
TRACT !9 "—�"
SCOTT BROYtN �
INST. N0. 9�-R0047097
O.R.D.C.T. S88'37'43'W �
58.23' (
BBGINNII�TG> t
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BERNIECE K. JONES &
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ROBERT W. JONES �� �
VOL. 773. PG. 63. ��, �
O.A.O.C.T. > '
CONYEYEO 8Y OEED TO I��
JONES FAMII.Y TRUST � ;
VOI. 49i3. P6. 2359 �
` D.R.D.C.T. i ;
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BA5TS OF BEARING IS NORTH AMEAICAN DA7UM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAI.
-, rjr�_ ca�rfc�n�G --------------.
wna.omroon srxs�
ft� 31 � I.R {��IABLE NIDTtjA O.N.
--..11✓..___.1�1J�--------------- � JJa___
i_
soo •z 1 � s7 • w
30.01'
23f5 NIILONWDOD 5T.
ELI2A T. SHOCKIEY
INST. N0. 2005-74299
O.R.O.C.T.
P 17—TAE--1
BEING A
5,027 SQ.FT./U.1154 ACRE
TEMPORARY ACCESS EASEMENT
SITUATED IN THE t?.S. BREWSTER SURVEY
ABSTRACT N0. 56
DENTON COUNTY, TEXAS ��HIC SCA�E ,•-,oa•
c�ONSu nHmct ENG Sti�S dctePl�J�itn�E�Rs o eo foo 150
aoo s►x fuos otave. autE aoo
�xx+ora+, tot�s nat et eto-eass
re� t� F �tat/tea.s • �msaa-oo
1 of 5
DATE: AUGUST 201A
J/Oenton/P17-TCE-!
Page 2 of 2
EXHIBIT "A"
PARCEL 17-TAE-1
LEGAL DESCRTPTION
TEMPORARY ACCESS EASEMENT
BEING a 0.1154 acre tract of land situated in tlxe O.S. Brewster Survey, Abstract No. 56, Denton County,
Texas, being a portion of a tx�act of land conveyed to Berniece K. Jones and Robert W. Jones as recorded
in Volume �73, Page 63, and conveyed by deed to 7ones Famity Trust, as recorded in Volume 4913, Page
2359, Deed Records Denton County, Texas, and being u�oxe particularly descriUed by metes and bounds
as follows;
COMMENCING at a found 3l8 inch iron rod, said point being the northwest corner of a tract of land
conveyed to Eliza T. Sl�ockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County,
Texas, and being tlie intersection of e�cisting east right-of-way line of Bonnie Brae Strest (liaving a
variable width R.O.W.), and the existing south right-of-way 1'uie of Willowwood Street (having a variable
widtl� R.O.W.);
THENCE South 16°48'OS" West, leaviiig said intersection, a distance of 105.24 feet to a point, said point
being the northeast conier of said Jones tract, and being in tlie soutl�east corner of Tract 19 as conveyed to
Scott Brown, as recorded in Instrumea�t No. 97-R0047097, Deed Records Denton County, Texas, being a
comtnon line, and being in tlie existing wesk ri�ht-of-way line of Bozuiie Brae Street (having a variable
width R.O.W.);
THENCE Soutl� 88°37'43" West, leaving said existing west right-of-way line, and along said co�non
line, a distance of 58.23 feet to a point for corner, being the POINT OF BEGINNING;
THENCE South 00°21'S7" West, leaving said cou�non line, a distance of 30.O1 feet to a point for corner,
said point in the soutii line of an existing 30 foot Access Easement, as recorded in Volume 4913, Page
2359, Deed Records, Denton County, Texas;
THENCE Soutli 88°37'43" West, along said e�cisting south easement line, a distance of 162.94 feet to a
point for corner, said point Ueing in the existiug east right-of-way line of tt�e Gulf-Colorado and Santa Fe
Railroad (having a variable width R.O.W.);
THENC� Nortli 16°52'i7" West, leaving said existing south easement line and following along said
existing east right-of-way line, a distance of 31.13 feet to a point for corncr, said point being in the north
line of said Jones tract and tl�e south liue of said Brown tract, being a coinmon line;
THENCE North 88°37'43" East, leaving said existing cast right-of-way line, and along said com�non line,
a distance of 172.17 fect to the POINT OF BEGINNING and CON'I'AINiNG 5,027 square feet, 0.1154
acres of land, more or less. ,,
=7r`�'1!�% IJ
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2of5
a
�Pace g aF s
EXMIBIT "A"
STATE OF TEXAS
O�.NO. 2005-105600
C.C.R.O.C.T.
TRdC7 III
58� 'S2' 30 "E
31.20'
ROBERT W. JONES
VOL.642, P6.86
O.R.D.C.T.
CONVEYEO BY DEED TO
JONES FAMILY THUST
VOL. 4913, PG. 2359
D. Fi.O. C. T.
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BASIS OF 6EARIN� IS NORTN AHERICAN DA7UH ��t s�
SYSTEM3 TEXAS NORTHACENTRALE COOHOINATE p�CEL 1 7'— TLiL "�i
HEING A
43,324 SQ.FT./ U.9946 ACRES
30' TEMPORARY ACCESS EASEMENT
SITUATED IN THE
O.S. BREWSTER SURVEY,
Graham Associates,lnc. ABSTRACT N4. 56 ��4
CONSULTiN� ENGiNEERS � PLANNERS o
a� �X �►� ���, �,"� � DENTON COUNTY, TEXAS
,1Rt,Na,W,. ,Df,IS 700„ 8t 6,0-tl875
TBPE F�tY: F-1101/iBPLS : 101b38-00
3of5
GRAPHIC 5CALE S"-f00'
50 100 180
OATE: AU6UST 2014
�PAGE 2 OF 3
EXHIBIT "A"
MATCHLINE PAGE i
ROBERT W. JONES
VOL.642, PG.88
D.R.D.C.T.
CONVEYED BY DEED TO
JONES FAMILY TRUST
YOL. 4913. PG. 2359
D.R.D.C.T.
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ROBERT W. JOI�S
VOL.. 773, P� 63, 0. R. D. C. T.
CQNVEYEQ 8Y DEED 70
JONES FAMILY TAUST
VOL. 4913, P6. 2359
D.R.D.C.T.
LA77IN6PE HATEHIALS C0.
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8A5IS OF BEARING IS NORTH AMERICAN OATUN
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SYSTEli. TEXAS NOR7N CENTRAL.
BEING A
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3Q' TEMPURARY ACCESS EASEMENT I7
SITUATED IN THE
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4of5
DATE: AUGUST 2Q14
PAGE 3 OF 3
EXHIBIT "A"
PARCEL 17-TAE-2
LEGAL DESCRI.PTION
3Q' TEMPORARY ACCESS EASEMENT
BE1NG a 0.9946 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton
County, Texas, beiug a portion of a tract of Iand conveyed by deed to Robert W. Jones, Jr as
recorded in Voiume 642, Page 86, and a portion of a tract of land conveyed to Berniece K. Jones
and Robert W. Jones, as recorded in Volume 773, Page 63, botli tracts are conveyed by deed to
Jones Family Trust, as recorded in Volume 49I3, Page 2359, Deed Records, Denton County,
Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a found 1/2 inch iron rod for corner, being the northeast corner of said Jones
Family Trust tract and tixe southeast corner of a tract of land conveyed by deed to the Siate of
Texas, as recorded in Docu�nent No. 2005-105600, County Clerk Records, Denton County,
Texas, also being in the west rigl�t-of-way line of tlie Gulf-Coloxado & Santa Fe Railroad (a
variable width R.O.W.);
THENCE Soutl� 13°47'30" East, along said west right-of-way line, for a distance of 210.88 feet to
a point for corner;
THENCE South 00°32'30" West, leaviiZg said west riglit-of-way line, a distance of 945.95 feet to
a point for corner, said point being the southwest corner of a tract of land conveyed by deed to
Lattimore Materials Co., as recoz•ded in Document No. 97-OQ71447, County Clerk Records,
Denton County, Texas, being a cotrunon line;
THENCE North 88°44'24" East, along the common line of said Lattimore Materials Co. tract and
Jones Family Trust tract, for a distance of 251.59 feet to a point for corner, said point being the
southeast coiner of said Lattimore Materials Co. tract, and being in the west right-of way line of
said Gulf-Colorado & Santa Fe Railroad;
THENCE South 16°58'36" East, leaving said common line, and along said west riglit-of-way line,
for a distance of 31.17 feet to a pouit for corner;
THENCE South 88°44'24" West, leaving said west right-of-way liae, a distance of 291,00 feet to
a point for corner;
THENCE North 00°32'30" East, a distance of 973.14 feet to a point for corner;
THENCE Nortli 13°47'30" East, a distance of 215.66 feet to a point for comer, said point being in
the north line of said Jones tract and the south line of said State of Texas tract, being a conunon
line;
THENCE Souili 87°52'30" East, along said common line, for a disFance of 31.20 feet to the
POINT OF BEGINNING and CONTAINING 43,324 square feet or 0.9946 acres of land, inore or
less. _
5of5
t
NOTICE OF CONFIDENTIALITY RIGkITS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THA,T TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN TFIE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SAl�TITARY SEWER EASEMENT
THE STATE OF TEXAS,
COUNTY OF DENTON
§
§ KNOW ALL MEN BY TAESE PRESENTS:
§
THAT 30NES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton,
Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and
CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the
City of Denton, Texas ("Grantee") a perpetual sanitary sewer easement in, along, upon, under,
over and across the following described property (the "Property"), owned by Grantor, and
situated in Denton County, Texas, located in the O. S. Brewster Survey, Abstract Number 56, to
wit:
PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, retocating, operating, and perpetually
maintaining sanitary sewer pipelines, and related facilities and appurtenances, in, along, upon,
under, over and acrass said Property, including without limitation, the free and uninterrupted use,
liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across
the Property to Grantee herein, its agents, emp(oyees, contractors, workmen and representatives,
for the purposes set forth herein, including without limitation, the making additions to,
improvements on and repairs to said facilities or any part thereof.
This Easement is subject to the following:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may remove from
the Property, such buildings, fences, structures, signs, facilities, improvements and other
obstructions as may now oc hereafter be faund upon said Property and dispose of any such
buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it
deems appropriate without liability to Grantee.
2. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
3. Trees and Landscaping. No shrub or tree shalt be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may overhang upon the
Property without liability to Grantee, including without limitation, the obligation to make further
payment to Grantor.
4. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained
herein, to make use of the Property for any purpose that does not interfere with the City's rights
granted to it herein for the purposes granted.
5. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness my hand, this the day of , 2018.
Grantor:
JONES FAMILY TRUST
:
Robert W. Jones, Trustee
�a
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on , 2018 by Robert W.
Jones, Trustee of the Jones Family Trust.
Notary Public, in and for the State of Texas
AFTER RECORDING RETURN TO:
City of Denton — Real Estate Manager
2I6 W. Mulberry
Denton, Texas 76201
Attn: Paul Williamson
My Commission Expires:
3
I PAGE i OF 4 ,�p�S FAMILY TRUST
YOI., 773. P6. 55, O.R.O.C.T.
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BASIS OF BEARIN6 IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SY57EM, TEXAS NORTH GEN7RAL.
PARCEL 17--SSE--1
BEING A
28,194 SQ.FT./U.65 ACRE
30' SANITARY SE�►VER EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY,
ABSTRACT N0. 56,
DENTON COUNTY, TEXAS
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DATE: JANUARY 2014
J/Oenton/Pi7-SSE-i
IPAGE 2 OF 4
17'33' 34"E
52.85'
EXH161T "A"
JONES FAHIIY TRU3T
VOt.. T/3, P6. 55. 0. R.O. C. T.
CONVEYED BY DEEO TO
JtXJES FANLI.Y TRUST
VO�. 49f3. P6. 2359
O.R.D.C.T.
ROBER7 W. JONES. JR
VOL. 773, PG. 55. D.A.O.C.T.
CONVEYEO BY DEEO TD
JONES FANILY TRUST
VOL. 4913. P6. 2359
O.R.D.C.T.
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PARCEL 17-SSE--1
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SITUATED IN THE O.S. BREWSTER SURVEY,
F�++�++"�a�++ +�0• '+v! 6RAPHIC SCALE i'�500'
DENTON COUNTY, TEXAS
Graham Associates,inc. o so sao sso
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2 of 4
DATE: JANUARY 2014
J/Denton/P17-SSE^i
Page 3 of 4
: �
PARCEL 17-SSE-1
LEGAL DESCRIPTTON
30' SANITARY SEWER EASEMENT
BEING a 0.65 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton
County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr as recorded in
Volume 773, Page 55, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913,
Page 2359, Deed Records, Denton County, Texas, and being more particularly described by metes
and bounds as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the northeast comer of Lot 3A,
Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, and
being in the existing west right-of-way line of Bonnie Brae Street (having a variable width
RO.W.);
T'HENCE North 00°17'S4" East, along said existing west right-of-way line, a distance of 348.97
feet to a point, said point being in the south line of said Robert W. Jones, Jr. tract, and being the
northeast corner of Lot l, Solar Way Addition, as recorded in Cabinet B, Page 196, PIat Records,
Denton County, Texas, being a comnaon line;
TF�NCE South 88°40'03" West, leaving said existing west right-of-way line and along said
common line, a distance of 35.44 feet to a point, for the beginning of a non-tangent curve to the
right having a radius of 1047.50 feet and a central angle of 1°OS'40", and a long chord which beazs
North 00°33'41" East, 20.01 feet, said point being in the proposed west right-of-way line of Bonnie
Brae Street (having a variable width R.O.W.);
TF�NCE leaving said common line, along said proposed west right-of-way line and along said
non-tangent curve to the zight an azc distance of 20.01 feet to a point, said point being in the north
line of a 20' Crosstex Easement, as recorded in Instrument No. 2008-58200, Deed Records,
Denton County, Texas;
THENCE South 88°40'03" West, along said north line, a distance of 16.01 feet to a point for the
POTNT OF BEIl�1NING;
THENCE South 88°40'03" West, continuing along said north line, a distance of 893.26 feet to a
point for comer;
THENCE South 17°39'39" West, leaving said north line, a distance of 21.15 feet to a point for
corner, said point being the northwest comer of said Lot l, Solar way Addition, and being in the
north line of a tract of land conveyed to Jean M.G. Tunnell, as recoxded in Instrcunent No.
2012-69612, Deed Records, Denton County, Texas;
T`F�NCE South $8°40'03" West, along said north line, a distance of 30.52 feet to a point for
cozner;
3of4
EXHIBIT "A"
Page 4 of 4
THENCE North 17°33'34" East, leaving said north lzne, a distance of 52.85 feet to a point for
comer;
THENCE North 88°40'03" East, a distance of 915.24 feet to a point for corner, for the beginr�ing of
a non-tangent curve to the left having a radius of 1063.50 feet and a central angle of 1°37'08", and
a long chord which bears South O1 °52'S3" West, 30.05 feet, said point being in the proposed west
right-of-way line of said Bonnie Brae;
THENCE along said proposed west right-of-way line, and along said non-tangent curve to the left
an arc distance of 30.05 feet to the POINT OF BEGINNING and CONTAINTNG 28,194 square
feet, 0.65 acres of land, more or less.
�
4of4
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
��������'���
Legislation Text
File #: ID 18-2038, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance approving a salary increase of three percent (3%) for City Attorney Aaron
Leal under the performance review provision of his employment agreement with the City; extending the term of
the City Attorney's employment agreement to October 11, 2020; authorizing the expenditure of funds; and
providing an effective date.
City of Denton Page 1 of 1 Printed on 11/21/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City of Denton
_ . City Ha11
�� � 5 215 E. McKinney Street
tiY
�"� �� �" Denton, Texas
www. cityo fdenton. com
DEPARTMENT:
CM/ DCM/ ACM:
DATE:
SUBJECT
AGENDA INFORMATION SHEET
Human Resources
Todd Hileman, City Manager
November 27, 2018
Consider adoption of an ordinance approving a salary increase of three percent (3%) for City Attorney
Aaron Leal under the performance review provision of his employment agreement with the City; extending
the term of the City Attorney's employment agreement to October 11, 2020; authorizing the expenditure of
funds; and providing an effective date.
BACKGROUND
During the October 23, 2018, City Council meeting, the Council reviewed the accomplishments and goals
of City Attorney Aaron Leal. The Council has agreed to provide a 3% increase to the base pay for the City
Attorney as a result of his performance, retroactive to October 6, 2018 (first pay period of the fiscal year).
Additionally, they agreed to extend the term of his employment agreement by one year, with an ending date
of October 1 l, 2020. The attached ordinance authorizes these recommendations.
OPTIONS
Approve the ordinance as proposed, not approve the ordinance, or make modifications.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
Organizational Excellence
1.2 Develop a high-performance work force
Exhibit 1— Agenda Information Sheet
Exhibit 2 — Ordinance
Respectfully submitted:
Carla Romine
Director of Human Resources
s:Alegal\our documents\ordinances\18\ciry attorney salary increase - 2018.dOC
ORDINANCE NO.
AN ORDINANCE APPROVING A SALARY INCREAS� OF THREE PERCENT (3%) FOR
CITY ATTORNEY AARON LEAL UNDER THE PERFORMANCE REVIEW PROVISION
OF HIS EMPLOYMENT AGREEMENT WITH THE CITY; EXTENDING THE TERM OF
THE CITY ATTORNEY'S EMPLOYMENT AGREEMENT TO OCTOBER 11, 2020;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PKOVIDING AN EFFECTIVE
DATE.
WHEREAS, on October 10, 2017, by Ordinance No. 2017-293, the City of Denton City
Council approved an Employment Agreement with Aaron Leal as the City Attorney of the City
of Denton commencing on October 12, 2017; and
WHEREAS, the City Council has completed its semi-annual performance review for City
Attorney Aaron Leal, and the Council desires to approve an increase of three percent (3%) in
City Attorney Aaron Leal's annual Base Salary; and
WHEREAS, the City Council further desires to extend City Attorney Leal's Employment
Agreement for an additional one (1) year period, thereby extending the term of said agreement to
October 1 l, 2020, and City Attorney Leal desires the same; and
WHEREAS, the City Council finds that approval of the three percent (3%) salary
increase and the one (1) year extension of the City Attorney Aaron Leal's Employment
Agreement is in the best interes� of the City oi Denton; NOW, THERE�'ORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The recitals and findings contained in the preamble of this Ordinance are
incorporated into the body of this Ordinance.
SECTION 2. The City Council hereby approves a three percent (3%) increase in the
annual Base Salary of City Attorney Aaron Leal, pursuant to Section 6.B. of the City Attorney's
Employment Agreement.
SECTION 3. Said salary increase shall be effective as of October 6, 2018.
SECTION 4. The City Council further hereby approves a one (1) year extension of the
City Attorney's Employment Agreement, thereby extending the term of said agreement to
October 1 l, 2020.
SECTION 5. City expenditures provided for in the Employment Agreement, including
the salary increase approved herein, are hereby authorized.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by and seconded
by . This Ordinance was passed and approved by the
following vote � - �
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Mel�zer, At Large Place 6:
PASSED AND APPROVED this the day of , 2018
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
:
Page 2
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
��������'���
Legislation Text
File #: A18-0002d, Version: 1
AGENDA CAPTION
Conduct the se�ond of two readings and �onsider adoption of an ordinan�e of the C:ity of Denton, Texas, Voluntarily
Annexing Approximately 86.47 a�res of land, generally lo�ated between Creekdale Drive and Hi�kory Creek Road,
East of the railroad �rossing at Hi�kory Creek Road, more spe�ifi�ally des�ribed in Exhibit "A" and illustrated in
Exhibit "�"; providing for a�orre�tion to the �ity map to in�lude the annexed lands; providing for saving and
severability; and establishing an effe�tive date. (A18m0002)
City of Denton Page 1 of 1 Printed on 11/21/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City of Denton
��� ��� �� City Hall
cr;�� 215 E. McKinney Street
���� ����°������ Denton, Texas
www. cityofdenton. com
DEPARTMENT:
CM:
DATE:
AGENDA INFORMATION SHEET
Department of Development Services
Todd Hileman
November 27, 2018
SUBJECT
Conduct the second of two readings and consider adoption of an ordinance of the City of Denton
voluntarily annexing approximately 86.47 acres of land, generally located between Creekdale
Drive and Hickory Creek Road, east of the railroad crossing at Hickory Creek Road, more
specifically described in Exhibit "A" and illustrated in Exhibit "B"; providing for a corrections to
the city map to include the annexed lands; providing for saving and severability; and establishing
an effective date. (A18-0002)
BACKGROUND
The applicant, Abra Nusser, on behalf of the property owner, Calvert Paving Corporation, has
submitted an annexation application to voluntarily annex approximately 86.47 acres of land. This
voluntary annexation complies with Subchapter C-3, Chapter 43 of the Texas Local Government
Code.
The subject property is approximately 86.47 acres and is adjacent to current city limits on its
northwest, northeast, and western boundaries. The adjacent zoning districts are Extraterritorial
Jurisdiction (ETJ), Neighborhood Residential 3(NR-3) to the north, Neighborhood Residential4
(NR-4) to the northeast, ETJ to the east, south, and southwest; and Neighborhood Residential 2
(NR-2) and Commercial Mixed Use General (CM-G) to the west, across the railroad tracks. The
Future Land Use designation of the subj ect site is Low ResidentiaL Upon annexation, the applicant
will seek a zoning designation of Neighborhood Residential 4(NR-4) to develop a single family
subdivision on the subject property and is requesting annexation for this purpose.
The requested annexation meets the criteria for annexation as listed in Section 35.3.14.B.
Specifically, staff has determined the anticipated development:
• Will require a connection to City public services;
• Is within the City's Certificate of Convenience and Necessity boundary for water, sewer,
and electric services;
Is located partially in the City's ETJ; and
Will have a significant impact upon the City in terms of service costs, increased traffic, and
utility needs.
As a result, Section 353.14.C, the following Section 353.14.0 evaluation criteria was applied:
The ability of the city to provide infrastructure and public services equal to other
comparable areas inside the city limits.
• Water service is available from an 8-inch line located along Creekdale Road. The
nearest Wastewater main is an 8-inch line also located along Creekdale Road.
• Transportation improvements required as a result of the proposed development of this
site will be determined after trip generation calculations have been received and
reviewed.
• Any drainage improvements required in association with the development of this site
will be the responsibility of the Developer.
• Any improvements due to the impact of this development will be constructed at the
Developers expense.
• DME has main line facilities located approximately SO' north of the property across
Creekdale.
• Solid Waste will add this property to existing routes.
• Policing of the subject site would comply with required response times.
• Fire and EMS services to the site would comply with required response times. Station
#7 is located approximately 4.5 miles from the subject site.
• Cross Timbers Park is 0.4 miles to the east.
2. The reliability, capacity, and future public cost, if any, of current and planned provisions
for community facilities, including but not limited to roads, drainage, and utilities.
The terms of the needed improvements/upgrades will be determined upon platting and
permitting. Funding will be the responsibility of the developer. It is anticipated that
Creekdale Drive will be extended and create a direct connection between Ryan Road and
Riverpass Drive.
3. The need and quality of land use and building controls.
The annexation of the subject property into the city will enable the use of development and
design standards in the DDC, minimizing the impacts of the proposed development on
adjacent neighborhoods.
4. Conformance with the Land Use Element of the City's Comprehensive Plan.
The subject property is designated as Low Residential on the Future Land Use Plan. The
applicant is proposing to develop a residential subdivision for this site. Conformance with
the Land Use Element will be determined when the application for initial zoning is
submitted and reviewed.
5. Impact on the City, both current and long range, including at a minimum.
Anticipated impacts to the City will be minimal as noted in Items 1 to 3, above.
6. The property meets the minimum requirements for annexation in accordance with state
law.
The property complies with all minimum requirements for annexation as set forth by the
Texas Local Government Code as stated in Chapter 43, Subchapter C-1, Annexation
Procedure for Areas Exempted fi�om Municipal Annexation Plan.
The tentative schedule for this annexation is as follows:
• September 1l, 2018 — lst Public Hearing - Completed
• September 25, 2018 — 2nd Public Hearing- Completed
• October 16, 2018 — First Reading of the Annexation Ordinance - Completed
• November 27, 2018 - Second Reading and Adoption of the Annexation Ordinance
PRIOR ACTION/REVIEW (,Council, Boards, Commissions�
On August 28, 2018, the City Council adopted an ordinance setting the ls� and 2nd public hearing
dates and authorizing the publication of notice of the public hearings.
On September 1 l, 2018, the City Council held the first annexation public hearing.
On September 25, 2018, the City Council held the second annexation public hearing.
On October 16, 2018, the City Council held the first reading of the annexation ordinance.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve
its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA):
Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and
Family-Friendly Community; and Sustainability and Environmental Stewardship. While
individual items may support multiple KFAs, this specific City Council agenda item contributes
most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and
retention
EXHIBITS
1. Agenda Information Sheet
2. Site Location Map
3. Zoning Map
4. Staff Presentation
5. Draft Ordinance
Respectfully submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Prepared by:
Cindy Jackson, AICP
Senior Planner
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The recitals set forth above are found to be true, and incorporated herein by
reference.
SECTION 2. All Properry legally described in Exhibit A, attached hereto and incorporated
herein by reference, is hereby annexed into the City of Denton, Texas. Exhibit B is attached and
incorporated for purposes of illustration only.
SECTION 3. A service plan, prepared in accordance with applicable provisions of state law
pertaining to annexation, is attached hereto as Exhibit C, approved, and incorporated herein for all
intents and purposes.
SECTION 4. The newly annexed Property shall be included within the corporate limits of
the City of Denton, Texas, thereby extending the City's corporate limits and granting to all inhabitants
of the newly annexed property all of the rights and privileges of other citizens; and bringing the
inhabitants within the regulatory reach of all of the ordinances, resolutions, acts, and regulations of
the City of Denton, Texas, (except to the limited extent entitled by State law, if applicable). A true
and correct copy of this Ordinance sha]1 be filed with the Denton County Clerk in the real property
records of Denton County, Texas.
SECTION 5. The City Manager is hereby authorized and directed to immediately correct the
map of the City of Denton by adding thereto the additional territory annexed by this Ordinance,
indicating on the map the date of annexation and the number of this Ordinance, as well as any change
in extraterritorial jurisdiction ("ETJ") which may result from such boundary extensions.
SECTION 6. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 7. This ordinance shall be effective immediately upon its passage and approval.
Pursuant to Section 1.03 of the Denton Charter and Chapter 43, Subchapter C-3, of the Texas Local
Government Code, public hearings were held on this proposed annexation on September 11�h and
25�h, 2018;
THEREAFTER, this Ordinance was introduced upon first reading of the caption on October 16,
2018;
THEREAFTER, this Ordinance was published once in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas; and was thereafter,
PASSED AND APPROVED on this, the day of , 2018, a date at least thirty
(30) days after said publication, by a vote of not less than four fifths (4/5) of the membership of
the City Council, as tabulated below.
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LEGAL DESCRIPTION
ANNEXATION TRACT
86.446 ACRES
BEING a tract of land situated in the N. BRTTTON SURVEY, ABSTRACT NO. 51, the M.
ROGERS SURVEY, ABSTRACT NO. 1080 and the J. WITHERS SURVEY, ABSTRACT NO.
1343, City of Denton, Denton County, Texas and being all of that tract of land described in Deed
to Calvert Paving Corp., as recorded in Volume 1719, Page 924, Deed Records, Denton County,
Texas and being all of those tracts of land described as Tract No. One, Tract No. Two and Tract
No. Three in Deed to Calvert Paving Corp., as recorded in Volume 2115, Page 425, Deed Records,
Denton County, Texas and being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod found in the east line of G.C.&S.F. Railroad, a 150 foot
right-of-way, for the common northwest corner of that tract of land described in Deed to E.D.
Calvert, as recorded in Document No. 2006-102657, Deed Records, Denton County, Texas and
southwest corner of RYAN MEADOWS PHASE II, an Addition to the City of Denton, Denton
County, Texas according to the Plat thereof recorded in Document No. 2017-262, Plat Records,
Denton County, Texas;
THENCE North 88 degrees 53 minutes 50 seconds East, with the south line of said Addition, a
distance of 594.33 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for the
POINT OF BEGINNING of the tract of land herein described, said point being the common
northeast corner of said E.D. Calvert tract and northwest corner of said Calvert Paving Corp. tract
recorded in Volume 1719, Page 924;
THENCE North 88 degrees 53 minutes 50 seconds East, continuing with said south line, a
distance of 660.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set in the
west line of that tract of land described in Deed to Ernest Ryan Higginbotham, as recorded in
Document No. 2003-206760, Deed Records, Denton County, Texas for the common southeast
corner of said Addition and northeast corner of said Calvert Paving Corp. tract recorded in Volume
1719, Page 924, from which point a 1/2 inch iron rod with a yellow plastic cap found bears South
34 degrees 57 minutes 26 seconds West, 3.91 feet;
THENCE South 00 degrees 41 minutes 39 seconds East, with the common east line of said
Calving Paving Corp. tract recorded in Volume 1719, Page 924 and west line of said Ernest Ryan
Higginbotham tract, a distance of 411.50 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "JVC" set for the common southwest corner of said Ernest Ryan Higginbotham tract and
northwest corner of the above mentioned Tract No. Three;
THENCE North 88 degrees 50 minutes 44 seconds East, with the common north line of said Tract
No. Two and south line of said Ernest Ryan Higginbotham tract, a distance of 1,276.88 feet to a
1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for the common northeast corner of
said Tract No. Two and northwest corner of that tract of land described as Tract 1 in Deed to
Legal Description �X� � 6�� page 1 of 3
A
Tommie Dale Calvert, as recorded in Volume 3318, Page 908 (Volume 3318, Page 910), Deed
Records, Denton County, Texas;
THENCE Southerly, with the east line of said Tract No. Two, the following three (3) courses and
distances :
South Ol degrees 18 minutes 11 seconds West, lea�ing said common line, a distance of
2,115.10 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for the
southwest corner of that tract of land described as Tract 3 in Deed to Connie Ann Cardwell,
as recorded in Volume 3318, Page 908 (Volume 3318, Page 910), Deed Records, Denton
County, Texas;
North 86 degrees 53 minutes 11 seconds East, a distance of 10.30 feet to a 1/2 inch iron
rod with a yellow plastic cap stamped "JVC" set for the northwest corner of that tract of
land described as Tract No. One in Deed to E.D. Calvert, Jr. and William Thomas Calvert,
as recorded in Volume 1496, Page 921, Deed Records, Denton County, Texas;
South 02 degrees 50 minutes 49 seconds East, a distance of 469.80 feet to a 1/2 inch iron
rod with a yellow plastic cap stamped "JVC" set in the north line of Hickory Creek Road,
a variable width right-of-way, for the common southeast corner of said Tract No. Two and
southwest corner of said Tract No. One recorded in Volume 1496, Page 921;
THENCE South 88 degrees 58 minutes 11 seconds West, with said north line, passing at a distance
of 6.62 feet a mag nail found, and continuing in all for a total distance of 660.82 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped "JVC" set in the east line of the above mentioned
G.C.&S.F. Railroad for the southwest corner of the above mentioned Tract No. One recorded in
Volume 2115, Page 425;
THENCE Northerly, with said east line, the following three (3) courses and distances:
North 26 degrees 24 minutes 49 seconds West, leaving said north line, a distance of 885.76
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for corner at the
beginning of a curve to the left having a central angle of 06 degrees 23 minutes Ol seconds,
a radius of 10,500.00 feet and a chord bearing and distance of North 32 degrees 38 minutes
51 seconds West, 1,169.24 feet;
Northerly, with said curve to the left, an arc distance of 1,169.85 feet to a 1/2 inch iron rod
with a yellow plastic cap stamped "JVC" set for corner;
North 35 degrees 19 minutes 58 seconds West, a distance of 646.97 feet to a 1/2 inch iron
rod with a yellow plastic cap stamped "JVC" set for the southwest corner of the above
mentioned E.D. Calvert tract and northwest corner of said Tract No. One;
Legal Description Page 2 of 3
THENCE North 88 degrees 54 minutes 23 seconds East, leaving said east line, a distance of
140.68 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for the common
southeast corner of said E.D. Calvert tract and southwest corner of the above mentioned Calvert
Paving Corp. tract recorded in Volume 1719, Page 924;
THENCE North 00 degrees 41 minutes 39 seconds West, a distance of 659.89 feet to the POINT
OF BEGINNING and containing 86.446 acres of land, more or less.
Legal Description Page 3 of 3
Exhibit B
Exhibit C
CITY OF DENTON SERVICE PLAN
A18-0002 Lakeside Place Annexation
L AREA ANNEXED
The area to be annexed is comprised of five (5) tract of lands, specifically located between
Creekdale View Drive and Hickory Creek Road, east of the railroad tracks. This site is depicted in
the attached location map along with a general description of the area.
IL INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and
services to the annexed areas described above will be provided or made available on behalf of the
City of Denton in accordance with the following plan. The City of Denton shall provide the
annexed tract the levels of service, infrastructure, and infrastructure maintenance that are
comparable to the levels of service, infrastructure, and infrastructure maintenance available in
other parts of the City of Denton with similar topography, land use, and population density.
IIL AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection
Police protection from the City of Denton Police Department shall be provided to
the area annexed at a level consistent with current methods and procedures
presently provided to similar areas on the effective date of the ordinance. Some of
these services include:
1. Normal patrols and responses;
2. Handling of complaints and incident reports;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of
police services consistent with the characteristics of topography, land utilization
and population density of the areas.
Upon ultimate development, police protection will be provided at a level consistent
with other similarly situated areas within the city limits.
B. Fire Protection
The Denton Fire Department (DFD), specifically Station 6, will provide emergency
and fire prevention services to the annexation area. These services include:
l. Fire suppression and rescue;
2. Pre-hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at a
level consistent with current methods and procedures presently provided to similar
areas of the City of Denton on the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including
personnel and equipment will be provided to furnish these areas with the level of
services consistent with the characteristics of topography, land utilization and
population density of the areas. It is anticipated that fire stations planned to serve
areas currently within the City of Denton will be sufficient to serve areas now being
considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent
with other similarly situated areas within the city limits.
C. Emer�encv Medical Service
The Denton Fire Department (DFD) will provide the following emergency and
safety services to the annexation area. These services include:
1. Emergency medical dispatch and pre-arrival First Aid instructions;
2. Pre-hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas of the City of Denton on the effective date of
the ordinance.
As development commences in these areas, sufficient EMS, including personnel
and equipment will be provided to furnish these areas with the level of services
consistent with the characteristics of topography, land utilization and population
density of the areas.
Upon ultimate development, EMS will be provided at a level consistent with other
similarly situated areas within the city limits.
D. Solid Waste
Solid Waste and Recycling Collection Services will be provided to the newly
annexed property immediately upon the effective date of the annexation at a level
consistent with current methods and procedures presently provided to similar areas
within the city. Private solid waste collection service providers operating in the
affected area immediately prior to annexation and currently providing customers
with service, may continue to provide their existing service for up to 2 years in
accordance with Texas Local Government Code.
E. Wastewater Facilities
The proposed annexation area is located within the City of Denton Sewer Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072
as issued by the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended
in accordance with the provisions of City's codes, ordinances and regulations. City
participation in the costs of these extensions shall be in accordance with applicable
City ordinances and regulations. Capacity shall be provided consistent with the
characteristics of topography, land utilization, and population density of the areas.
Sanitary sewer mains and lift stations installed or improved to City standards within
the annexed areas which are located within dedicated easement, rights-of-way, or
any other acceptable location approved by the City Engineer, shall be maintained
by the City on the effective date of this ordinance.
Operation and maintenance of wastewater facilities in the annexed areas that are
within the service area of another water utility will be the responsibility of that
utility. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
F. Water Facilities
The annexation area is located within the City of Denton Water Service Area as
defined by Certificate of Convenience and Necessity (CCN) Number 10195 as
issued by the Texas Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service
will be provided in accordance with Ordinance 2016-251, and with existing City
ordinances and policies. Upon connection to existing distribution mains, water
service will be provided at rates established by city ordinance.
As new development occurs within these areas, water distribution mains will be
extended in accordance with Ordinance 2016-251 and Denton's Codes, ordinances
and utility service policies. City participation in the costs of these extensions shall
be in accordance with Ordinance 2016-251and Denton's codes and ordinances.
Water service capacity shall be provided consistent with the characteristics of
topography, land use and population density of the area.
Operation and maintenance of water facilities in the annexed area that are within
the service area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or
private water systems will be allowed to continue to remain on these systems until
a request for water service is made to the City. These requests for service will be
handled in accordance with the applicable utility service line extension and
connection policies currently in place at the time the request for service is received.
G. Roads and Streets
Emergency street maintenance shall be provided within the annexation area on the
effective date of the applicable ordinance of acceptance. Routine maintenance will
be provided within the annexation areas and will be scheduled as part of the City's
annual program and in accordance with the current policies and procedures defined
by the ordinance and/or as established by the City Council.
Any construction or reconstruction will be considered within the annexation area
on a City wide basis and within the context of the City's CIP and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance
starting with regulatory signs, then warning signs, then informational signs and in
conformance with fiscal allotments by the City CounciL If a sign remains, it will
be reviewed and placed on the City's inventory listing for routine replacement. All
exiting signs will be reviewed for applicability and based upon an engineering
study. New signs will be installed when necessary and based upon an engineering
study.
Routine maintenance of road/street markings will be placed on a priority listing and
scheduled within the yearly budgetary allotments by the City Council.
H. Parks, Plav�rounds, Swimmin� Pools
Residents within the area annexed may utilize all existing park and recreation
facilities, on the effective date of this ordinance. Fees for such usage shall be in
accordance with current fees established by ordinance.
As development commences in these area, additional park and recreation facilities
shall be constructed based on park policies defined in the Park Master Plan and as
specified in Ordinance 2016-251 and the Park Dedication and Development
Ordinance. The general planned locations and classifications of City parks will
ultimately serve residents from the current City limits and residents from areas
being considered for annexation.
Publiclv Owned Facilities
Any publicly owned facility, building, or service located within the annexed area,
and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation ordinance.
J. Other Services
Other services that may be provided by the City of Denton, such as municipal and
general administration will be made available on the effective date of the
annexation. The City of Denton shall provide level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the City of
Denton with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
IV. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population density are considered a sufficient basis for providing
different levels of service.
V. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be
at the discretion of City Council.
VL AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences make this service plan unworkable or obsolete. The City
Council may amend the service plan to conform to the changed conditions or subsequent
occurrences pursuant to Texas Local Government Code, Section 43.056.
Location Map
Legal Description
LEGAL DESCRIPTION
ANNEXATION TRACT
86.446 ACRES
BEING a tract of land situated in the N. BRTTTON SURVEY, ABSTRACT NO. 51, the M.
ROGERS SURVEY, ABSTRACT NO. 1080 and the J. WITHERS SURVEY, ABSTRACT NO.
1343, City of Denton, Denton County, Texas and being all of that tract of land described in Deed
to Calvert Paving Corp., as recorded in Volume 1719, Page 924, Deed Records, Denton County,
Texas and being all of those tracts of land described as Tract No. One, Tract No. Two and Tract
No. Three in Deed to Calvert Paving Corp., as recorded in Volume 2115, Page 425, Deed Records,
Denton County, Texas and being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod found in the east line of G.C.&S.F. Railroad, a 150 foot
right-of-way, far the common northwest corner of that tract of land described in Deed to E.D.
Calvert, as recorded in Document No. 2006-102657, Deed Records, Denton County, Texas and
southwest corner of RYAN MEADOWS PHASE II, an Addition to the City of Denton, Denton
County, Texas according to the Plat thereof recorded in Document No. 2017-262, Plat Records,
Denton County, Texas;
THENCE North 88 degrees 53 minutes 50 seconds East, with the south line of said Addition, a
distance of 594.33 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set far the
POINT OF BEGINNING of the tract of land herein described, said point being the common
northeast corner of said E.D. Calvert tract and northwest corner of said Calvert Pauing Corp. tract
recorded in Volume 1719, Page 924;
THENCE North 88 degrees 53 minutes 50 seconds East, continuing with said south line, a
distance of 660.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set in the
west line of that tract of land described in Deed to Ernest Ryan Higginbotham, as recorded in
Document No. 2003-206760, Deed Records, Denton County, Texas for the common southeast
corner of said Addition and northeast corner of said Calvert Paving Corp. tract recorded in Volume
1719, Page 924, from which point a 1/2 inch iron rod with a yellow plastic cap found bears South
34 degrees 57 minutes 26 seconds West, 3.91 feet;
THENCE South 00 degrees 41 minutes 39 seconds East, with the common east line of said
Calving Paving Corp. tract recarded in Volume 1719, Page 924 and west line of said Ernest Ryan
Higginbotham tract, a distance of 411.50 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "JVC" set far the common southwest corner of said Ernest Ryan Higginbotham tract and
northwest corner of the above mentioned Tract No. Three;
THENCE North 88 degrees 50 minutes 44 seconds East, with the common north line of said Tract
Na Two and south line of said Ernest Ryan Higginbotham tract, a distance of 1,276.88 feet to a
ll2 inch iron rod with a yellow plastic cap stamped "JVC" set for the common northeast corner of
said Tract No. Two and northwest corner of that tract of land described as Tract 1 in Deed to
Legal Description Page 1 of 3
Tommie Dale Calvert, as recorded in Volume 3318, Page 908 (Volume 3318, Page 910), Deed
Records, Denton County, Texas;
THENCE Southerly, with the east line of said Tract No. Two, the following three (3) courses and
distances:
South O1 degrees 18 minutes 11 seconds West, leaving said common line, a distance of
2,115.10 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for the
southwest corner of that tract of land described as Tract 3 in Deed to Connie Ann Cardwell,
as recorded in Volume 3318, Page 908 (Volume 3318, Page 910), Deed Records, Denton
County, Texas;
North 86 degrees 53 minutes 11 seconds East, a distance of 10.30 feet to a 1/2 inch iron
rod with a yellow plastic cap stamped "JVC" set for the northwest corner of that tract of
land described as Tract No. One in Deed to E.D. Calvert, Jr. and William Thomas Calvert,
as recorded in Volume 1496, Page 921, Deed Records, Denton County, Texas;
South 02 degrees 50 minutes 49 seconds East, a distance of 469.80 feet to a ll2 inch iron
rod with a yellow plastic cap stamped "NC" set in the north line of Hickory Creek Road,
a variable width right-of-way, for the common southeast corner of said Tract Na Two and
southwest corner of said Tract No. One recorded in Volume 1496, Page 921;
THENCE South 88 degrees 58 minutes 11 seconds West, with said north line, passing at a distance
of 6.62 feet a mag nail found, and continuing in all for a total distance of 660.82 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped "JVC" set in the east line of the above mentioned
G.C.&S.F. Railroad far the southwest corner of the above mentioned Tract No. One recorded in
Volume 2115, Page 425;
THENCE Northerly, with said east line, the following three (3) courses and distances:
North 26 degrees 24 minutes 49 seconds West, leauing said north line, a distance of 885.76
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for corner at the
beginning of a curve to the left having a central angle of 06 degrees 23 minutes O1 seconds,
a radius of 10,500.00 feet and a chord bearing and distance of North 32 degrees 38 minutes
51 seconds West, 1,169.24 feet;
Northerly, with said curve to the left, an arc distance of 1,169.85 feet to a 1/2 inch iron rod
with a yellow plastic cap stamped "JVC" set for corner;
North 35 degrees 19 minutes 58 seconds West, a distance of 646.97 feet to a 1/2 inch iron
rod with a yellow plastic cap stamped "JVC" set for the southwest corner of the above
mentioned E.D. Calvert tract and northwest corner of said Tract No. One;
Legal Description Page 2 of 3
THENCE North 88 degrees 54 minutes 23 seconds East, leaving said east line, a distance of
140.68 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for the common
southeast corner of said E.D. Calvert tract and southwest corner of the above mentioned Calvert
Paving Corp. tract recorded in Volume 1719, Page 924;
THENCE North 00 degrees 41 minutes 39 seconds West, a distance of 659.89 feet to the POINT
OF BEGINNING and containing 86.446 acres of land, more or less.
Legal Description Page 3 of 3
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: COA17-0010, Version: 1
AGENDA CAPTION
Consider an appeal of the Historic Landmark Commission denial of an amendment to an existing Certificate of
Appropriateness for the expansion of a mural to the front fa�ade of a local designated landmark building
located at 122 North Locust (COA17-0010, 122 N. Locust) The Historic Landmark Commission recommends
denial (7-0).
City of Denton Page 1 of 1 Printed on 11/21/2018
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DEPARTMENT:
CM:
DATE:
AGENDA INFORMATION SHEET
Department of Development Services
Todd Hileman
November 27, 2018
SUBJECT
Consider an appeal of the Historic Landmark Commission denial of an amendment to an existing
Certificate of Appropriateness for the expansion of a mural to the front fa�ade of a local designated
landmark building located at 122 North Locust (COA17-0010, 122 N. Locust, Roman McAllen). The
Historic Landmark Commission recommends denial (7-0).
BACKGROUND
The Historic Landmark Commission initially approved a Certificate of Appropriateness (COA17-0010) on
November 13, 2017 to allow for a mural to be painted on the north facing fa�ade of the building, repainting
the front fa�ade, replacing existing doors and awning and repairing existing wood veneer panels. The
agenda item and minutes from the November 13th meeting are provided as Exhibit 3.
The applicant, Eric Pulido submitted an application to amend his 2017 approved COA for the expansion of
a mural to the front fa�ade of building located at 122 North Locust, a locally designated landmark At the
October 8, 2018 Historic Landmark Commission meeting the requested amendment was unanimously
denied by a vote of 7-0. The agenda item and approved minutes from the October 8th meeting are provided
as Exhibit 4. The applicant is appealing this denial to City Council in accordance with Section 35.7.6.8. A
copy of the request for the appeal is provided as Exhibit 5.
A Staff Analysis is provided as Exhibit 2 outlining when and why a Certificate of Appropriateness is
required and the criteria used for the denial.
The 1997 City of Denton Property Appearance Guidelines included in the prior Historic Landmark
Commission agenda information sheets are a staff developed guideline that was not adopted by City
Council, but has been used by the Historic Landmark Commission in discussion of certificates of
appropriateness.
OPTIONS:
l. Overturn Denial
2. Re-affirm the Denial
3. Continue the item
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council designated 122 North Locust as a local landmark in March 4, 2008.
The Historic Landmark Commission initially approved a Certificate of Appropriateness (COA17-0010) on
November 13, 2017 to allow for a mural to be painted on the north facing fa�ade of the building, repainting
the front fa�ade, replacing existing doors and awning and repairing existing wood veneer panels.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.2 Make Denton a destination for visitors
EXHIBITS
Exhibit 1- Agenda Information Sheet
Exhibit 2- Staff Analysis
Exhibit 3- Historic Landmark Commission November 13, 2017 Agenda Information Sheet and approved
meeting minutes regarding COA17-0010.
Exhibit 4- Historic Landmark Commission October 8, 2018 Agenda Information Sheet and approved
meeting minutes regarding an amendment to COA17-0010
Exhibit 5- Applicants request of Appeal
Exhibit 6- Images of Building
Respectfully Submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Development Services
Prepared By:
Roman McAllen, Assoc. AIA, AICP, CNU-A
Historic Preservation Officer
Planning Staff Analysis
COA17-0010/122 North Locust
City Council District 1
November 27, 2018
REQUEST:
Consider an appeal of the Historic Landmark Commission denial of an amendment to an existing
Certificate of Appropriateness for the expansion of a mural to the front fa�ade of a local designated
landmark building located at 122 North Locust (COA17-0010, 122 N. Locust, Roman McAllen).
OWNER:
Sparky Pearson
APPLICANT:
Eric Pulido
BACKGROUND:
The Historic Landmark Commission initially approved a Certificate of Appropriateness (COA17-
0010) on November 13, 2017 to allow for a mural to be painted on the north facing fa�ade of the
building, repainting the front fa�ade, replacing existing doors and awning and repairing existing
wood veneer panels. The agenda item and minutes from the November 13�h meeting are provided
as Exhibit 3.
The applicant, Eric Pulido submitted an application to amend COA17-0010 for the expansion of a
mural to the front fa�ade of building located at 122 North Locust, a locally designated landmark.
Prior to the October 8, 2018 scheduled Historic Landmark Commission consideration, the
applicant moved forward with completing the work The applicant did make staff aware on Friday
October S�h that he had access to the artist, and the equipment on site, necessary to complete the
mural painting. Staff reached out to the applicant on site the same day to recommend against
completing the mural prior to Historic Landmark Commission consideration, however upon
arriving the work had already commenced. The applicant stated that if he was denied, he would
repaint the front fa�ade without the mural. Given that this was already scheduled for consideration
by Historic Landmarks Commission, no enforcement action was taken.
LOCAL DESIGNATION AND CERTIFICATE OF APPROPRIATENESS:
In March of 2008, the City Council designated 122 North Locust as a local landmark This local
landmark is also in the Denton County Courthouse Square Historic District. The building was built
in 1877 and was a masonry building with iron columns. The local designation recognizes this
structure as it was the only building on this block of the square that survived a devastating fire in
1885.
Section 35.7.6.8 stipulates that no person shall alter, change, construct, reconstruct, expand,
restore, remove or demolish any exterior architectural feature of a designated historic landmark or
allow the results of such action to be maintained unless application is made for a Certificate of
Appropriateness and such a certificate is granted. The term exterior architectural feature "shall
include but not be limited to architectural style and general arrangement of such portion of the
exterior of a structure as is designed to be open to view from a public way".
While painting is permitted through a minor exterior alteration, staff was of the opinion that a full
COA should be considered by the Historic Landmark Commission as an amendment to the
previously approved COA.
CONSIDERATION AND DECISION
Section 35.7.6.8.E of the Denton Development Code establishes criteria for the denial of
Certificate of Appropriateness. A Certificate of Appropriateness must be denied if there is a final
decision that the proposed work will have an adverse effect on:
1. The external architectural features of the historic landmark;
2. The external architectural features of the properties in the block or in the historic district
as a whole; or
3. The future preservation, maintenance and use of the historic landmark and the historic
district.
As outlined in the approved minutes from the October 8, 2018 Historic Landmark Commission
meeting, the overall discussion centered on the opinion that a mural on the front fa�ade of the
building does adversely affect the external architectural features of the landmark. As a result,
the requested amendment was unanimously denied the request by a vote of 7-0. The agenda item
and approved minutes from the October 8�h meeting are provided as Exhibit 4.
The applicant is appealing this denial to City Council in accordance with Section 35.7.6.8.
Exterior alterations and changes; minor exterior alteration, ordinary maintenance; appeals. A
copy of the request for the appeal is provided as Exhibit 5.
Action Item 3A
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REQUEST:
Hold a public meeting and consider an application for a Certificate of Appropriateness, in
accordance with Section 35219.d to have a mural painted on the building located at 122 North
Locust and to change a door on the front of the same building. The site is generally located on the
southeast corner of East Oak and North Locust. (COA17-0010, Roman McAllen)
APPLICANT/OWNER: Eric Pulido
BACKGROUND:
The applicant is seeking approval to have a mural painted on the building located at 100 North
Locust Street. A COA is required because the building is a locally designated landmark, per
Section 35.219.d.
CONSIDERATIONS:
l. Property Appearance Guidelines were adopted in 1997 by the City of Denton to be used for
the approval of renovations and new construction in our downtown core area.
2. The Downtown Core Area, Sign Design Guidelines Section, of the Appearance Guidelines
contains a portion specific to Painted Signs on a Building Surface. The Section states:
• The renovation of historic advertising painted directly on building surfaces is encouraged,
along with creation of large-scale murals as a form of public art.
• All wall signs and murals should be professional applied or restored.
OPTIONS:
l. Approval as submitted
2. Approval subject to conditions
3. Deny
4. Continue the item
RECOMMENDATION:
Staff recommends approval of the Certificate of Appropriateness to have a mural painted on the
building located at 122 North Locust and to change a door on the front of the same building.
If a recommendation of denial is made, it should be because the proposed worlc would have an
adverse effect on one or inore of the following, froin Section 35.219.e:
1. The external architectural features of the historic landinarlc;
2. The external architectural features of the properties in the blocic or in the historic district
as a whole; or
3. The future preservation, inaintenance and use of the historic landinarlc and the historic
district.
EXHIBITS:
l. COA Application
2. Site Location Map
3. Renderings of the Proposed Signs
4. Images of Building Today
5. HistoricalImages
6. Property Appearance Guidelines
Prepared By: Reviewed By:
Roman McAllen, Assoc. AIA, AICP Richard Cannone, AICP
Historic Preservation Officer Interim Planning Director
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a. Painting the Mural- The wall appears to be roughly 2,200 sq. ft. I generally price
murals based on the square footage at $10-$30/sq ft. depending on the complexity of the
painting. This cost includes all labor, equipment, paint and tool rentals but does not include
cleaning, prepping or sealing the wall. The cost to paint the above design of "Band on the Run"
would be 5 000.
b. Boom Lift rental will be necessary because obstructions and uneven
terrain would make scaffolding too dangerous and the objects bellow the wall
would obstruct a scissor lift. In order to make room for the lift, the parking spots c
bellow the wall would need to be coned off for the duration of the paintingperiod
2-3 weeks)
c. The surface of the wall is currently cracking and coming off in large areas. Repairs to
the wall before painting will help ensure the longevity of the wall. It's recommended that all
repairs, seals and cleaning be finished one week prior to painting to ensure proper dry times.
d. The paint used for the mural will be high grade, exterior semi-gloss, Latex paint with
high color retention. If additional protection is desired, I can seal the wall with a clear coat after
painting for an additional $1.50/sq. ft.
e. The final painting would be slightly stylized and include slightly more detail than the
digital sketch above. The color scheme is intended to be a mixture of classic western film
poster art and 1950's motorcycle culture.
If there are any other questions 1 can answer about the project, don't hesitate to ask.
Thanks,
Dan Black
www.danblack.work
senddanblack@gmail.com
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Images of Building 2017
Historical Images
Figure 1- Rear Portion North Elevation of euilding
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The purpose of these Property Appearance Guidelines is to
identify the character-giving elements of Denton's historically
significant properties and districts (identified in the Historic
Resources Survey) so that new development can be guided
to respect, reinforce and enhance the existing character of the
individual resources and districts.
Th is document provides a general appearance program overview,
as well as definitions for the design elements covered by the
guidelines. Although this manual provides guidelines only for the
"downtown covered area" (see appendix for map), it is planned
to expand this document to include appearance guidelines for
mixed use districts and areas of residential character.
��'-dl ro�4 m��ve �i �c�r�Pi I� o���� ,�i o�i K�� �t���u��v�,� ui �� �P �
Property appearance guidelines assist building owners with new
construction or the rehabilitation of their older buildings. For
example, downtown improvement projects of the 1960s and
1970s usually approached the downtown in one way: to make
all buildings homogenous by covering them with false facades,
turning streets into malls and recommending thatevery business
have similar signs, awnings and colors. This was an attempt
ti make downtown comparable with the new concepts of new
suburban strip shopping centers and enclosed malls.
But the beauty of downtown is its diversity, its evolution, its
evocation of local history. By covering and distinguishing the
special architectural character of each building, these early
attempts to compete with urban sprawl furthered the decline of
central business districts. The downtown revitalization programs
of the 1990s, such as the Main Street Program in Denton,
attempt to bring life downtown by respecting the individuality of
each structure while encouraging the concept of the buildings
as a collection. Property appearance guidelines assist in this
process.
While not mandatory, the guidelines do represent community
policy about design issues. They outline the approach to certain
design issues, but do not dictate solutions. For example, the
guidelines may suggest that commercial storefronts should
be recessed; they do not dictate the design of the storefront.
The guidelines also identify inappropriate approaches, such as
sandblasting.
Y�l'��� IGm�,rm,� �i�c�rm��'I� ,��r�m,�i,�i�E�rm� �f���u�,�r,�llui��a �P��
One purpose of the guidelines is to inform the community about
the design policies the City suggests for historically significant
structures and districts. The guidelines outline an approach to
design that will help sustain the character of such structures
and districts. Therefore, the intent is to provide information that
property owners may use in making decisions abouttheir property.
The guidelines also provide the Historic Landmark Commission
a basis for making informed, consistent recommendations.
Y�l'��� u� ,m �i �c�e i i;`� �I�I�m mri �i ���m� Efu�u�,fm� llli���� �P��
Protecting Denton's historic districts is a public responsibility.
Property appearance guidelines represent a partnership among
all property owners in the district. When property owners invest
in the rehabilitation or construction of commercial property, they
like to know that the investment will be protected. Application of
the guidelines is one part of that economic protection.
Understanding that the rehabilitation of historic structures and
the compatibility of new construction in an historic district is
important to the heritage of the community, financial incentives
have been developed to encourage voluntary application of the
guidelines. The guidelines have been written to allow for
individual differences in buildings and budgets. The goal is not
uniformity, but diversity.
I i�:iVV i�:,i i'.s�.,, i i"ii l;`1,,,�1�'� ll�l�,,;.,,;">
The primary users of this document are intended to be
individuals, agencies ororganizations that are seeking to develop
existing historic properties or construct new buildings within the
boundaries of an historic district.
These guidelines provide developers and the City of Denton with
specific tools for evaluating proposed designs to ensure that new
development will be sensitive to the buildings and character of
Denton's historic areas.
�,��;1 �'t .+lf�� � r ����i" � � I��;.��
"�df"��� I'�c;;i�,��ll�f rl�l;�ll�''�
Some properties are locally designated historic landmarks
(See Appendix for list) and are required to have a Certificate
of Appropriateness before a building permit is issued for any
exterior work. Property owners must apply for a Certificate of
Appropriateness and submit plans for exterior improvements
to the Historic Landmark Commission for design review. For
I bi�/Jlbl`�J/Jlb I�I �71'�yl I I(��byl'�yl /zlJzlb� I!i �iIIIItIJI,,,II'-EI 5
projects subject to such review, applicants should refer to the
guidelines at the outset to avoid planning efforts that may prove
inappropriate.
Property owners are encouraged to apply the guidelines to
projects not subject to review. Projects not subject to review
would include most new construction or rehabilitation of buildings
that do not have individual local designation. If applicants
voluntarily submit projects for review and comment by the
Historic Landmark Commission, they may be eligible for financial
incentives (see www.dentonedp.com/downtown_development/
in centives_local_tax_assistance. asp).
II ,t� c;;i'✓✓, fi; c;;i t;mr, I;� I;� II °�'
A property owner may request a design review by contacting
the City's Historic Preservation Officer, Julie Glover, at (940)349-
7732.
Il��etiy�oi�ow��oei��,frm���f ,u�l�G��lillo�ll �,f�e�u�i�oei���P���
Adequate documentation is essential to provide a complete
understanding ofthe work proposed. Applicants are encouraged,
and may be required, to submit the following documentation:
• Slides of the existing conditions (existing and historic, if
applicable)
• Elevations
• Site plan
• Roof plan
• Materials samples
• Color samples
• Statement of how the project meets the guidelines
If ;p �;; °�, li �;; v,✓, II'rt, �,,,r,;;i �,,,r;; �;;;,, �;;;,-
Once a review has been requested, the guidelines will be used
in two formal ways:
First, the City staffwill use the guidelines when advising property
owners and in administrative reviews.
Second, the Historic Landmark Commission will use the
guidelines when considering the issuance of a Certificate
of Appropriateness (required for locally designated historic
landmarks) or when reviewing a project for comment.
The document will guide the comments of staff and the
recommendations of the Commission. In general, they will seek
to determine if an adequate number of the relevant guidelines
have been reasonably met. However, there is no set number of
relevant guidelines that must be met. Because each project
has its own special circumstances, the Commission makes its
recommendation on a case-by-case basis.
In making its recommendation, the Commission's overall concern
is that the integrity of individual historic structures be preserved
and that the overall character of Denton be protected.
I!'-U!�'� ,C..III
The guidelines take effect only when a project is initiated by a
property owner or tenant, either to alter an existing structure or
to construct a new one The guidelines do not require property
owners or tenants to initiate repairs, and there is no deadline
by which properties must come into "compliance." However,
incentives are being developed to encourage property owners
to make improvements (see www.dentonedp.com/downtown_
development/i ncentives_local_tax_assistance.as�).
Note that other regulations also may affect project design
including the following:
• The City of Denton Zoning Ordinance
• The City of Denton Signs and Advertising Devices Ordinance
• The Uniform Building Code
• TheAmericans With DisabilitiesAct
• Federal income tax credits for certified rehabilitation of historic
buildings
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�Ilm� �����r�F
uuuuuuu»iy��� /� � %%�aio�i, �%iaoi0� uuuuuiu»�l�lJ uuuuuuuuuuuu //%�a�oi /I/rr�ii,,
ll���� ��i � � � � �i� � /r I�y)yJl
� � � uu�u ������, uuuuiu ���/ �
iuu�uuui �l iiaaaaa�� ����i�iio���/ � � � �0/i ; �i�/i ���
uuuuuuumff(� ���. iiioi%%/� 1�oiiifiill uuuuuumfrr uu iiioi%%/� aa�a/�� l
uuuuuuuuuuuu uuuuuuuuuuuu ���� �/� uuuuuuuuuuuu Ily� uuuuuuu �uuuuuu ////iaii�i
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uuuuuuui � IIII uuuuuuuuuuuui / ii�oi%%/�
II I I�Giy� �,� II �"; II �� II °� II �',,,rJ If �J II II II II�,/iU II If°°�J II �,�
The following section introduces design elements which are
addressed by these guidelines. The first part of this section
presents an alphabetical list of definitions for different site and
building elements, while the second discusses issues related
specifically to the design of signage.
//�� �r.� ��;u� � Il����au �,in.KE� �- Accessory buildings are structures
secondarytotheprimarystructure. Theyareusuallyfreestanding
or detached from the primary structure.
ll��f�ful u��e�� �� - Additions are attached expansions of an existing
building.
//� i �� l ni l rm�_� l u��mull �'y� M a�ull �� - Details are the decorative features
that constitute the design of a
building. The buildings in the
area have both functional and
non-functional details. Although
some buildings have more
elaborate detailing than others,
all exhibit some decoration. This
establishes a character for the buildings and the area as well.
//�v�i Pin P�,�� -An awning is a roof structure located over a window
or door. From the early days of Denton to the present, awnings
have been used to protect buildings and pedestrians from sun
and rain.
Il������ull�fin�e� U�d rl�rm�P��ii�ll�P - Material is the substance of which
building parts or components are made. Much of a building's
character is established by its materials. Materials can imply
a sense of permanence, stability, and quality or they can imply
the opposite. Certain materials are also associated with certain
uses: commercial, residential, institutional or industrial.
�,������a�li���� �- Canopies are roof elements projecting from the
facade of a building and are common on commercial buildings.
Canopies were traditionally constructed of wood. They were
usually suspended from the facade of the building. Historically
the canopy was a continuous horizontal projection from building
corner to building corner broken only between buildings.
Canopies serve to protect the building and the pedestrian from
the elements, while providing a scale-giving element to the
facade. They are also one of the most distinctive differences
between residential and commercial structures.
�„���all��a� - Color can be the result of the original material or an
applied material such as paint. Original colors were usually
determined by the particular style of the building. Buildings
constructed in the Victorian Period were usually painted in three
to five dark rich colors. Bungalows, particularly in the Craftsman
Style, were usually painted in two or three earth tone colors.
Classical Revival Style buildings were usually painted white
with one or two dark trim colors. The color of a building usually
changed through time depending on the fashion of the period. A
building constructed before the turn of the century and originally
painted in Victorian Style colors frequently was painted white
during the 1920s.
�,°��ai �olr rl,lif�ll� cy � v���� - The use of a building is the function which it
serves. A compatible use is a function which the building easily
accommodates.
I��e��� �- The typical door on a historic building is constructed of
wood, usually with a simple glass panel in the upper half and
wood panels in the lower half.
II i� I i r i�� �r� �-The entrance of a building is usually the focal pointof
its front facade. The entrance includes the elements surrounding
a door and usually a porch on residential structures.
II �����ulri�orm������� _ Equipment includes heating and air conditioning
units, electrical, telephone and cable television service, irrigation
control boxes and valves and other similar devices.
II'��a���i ��f rili��ai W�- The foundation is the base or portion of the
building that rests on the ground. The earliest foundations
remaining in Denton were constructed of brick. By the turn of the
century, concrete block became the predominate material. In the
1920s structural concrete floors resting directly on the ground
came into use. This type of construction, commonly known as
"slab on grade," was first used in commercial construction.
II fl�i ��fu� ,���r� �f l,'r ���v� r� ��- Handicapped access refers to the ability
of the handicapped to easily access the interior of the building.
Ilflu�l���li� Ilt���ulle,fui����P - Buildings are considered "officially"
historic if they are certified as such by a local, state or federal
government. Obviously, at any given time, there will be a certain
amount of non-certified buildings that have historical significance
to Denton. For these guidelines, all structures have historical
significance to Denton, whether certified or not, will be referred
to as "historic." New and infill construction will be referred to as
"non-historic."
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Il�flu I���li� Ilt� i u?�e�'F ��f II'��P���P�� rMli��ei� - Historic buildings are usually
not exactly as originally constructed but are products of the
initial construction and later modifications which represent
several periods in history. These later modifications may have
as much or more historical and architectural value as the original
construction.
Returning the building to its exact original construction is rarely
the goal of a renovation. Consequently, one of the first decisions
in any historical renovation is what period of the building's
history the renovation will use as its model. Renovation of non-
historic buildings is not particularly concerned with selecting or
maintaining a particular period or style.
Il����li��lrlui�e� - Lighting in this context refers to
artificial light on the exterior of the building
and the site, including parking areas and
street lighting,
�ni u� i P i��I u�oi� - Building orientation isthe direction thatthe principal
facades of a building face. The primary building entrance is
usually on the face or principal facade of the building. The main
entrance is, therefore usually facing the adjacent street
�n���l�f�e��ei lyu ��II��� - Outdoor display refers to the placement of
merchandise outside a commercial establishment, often on the
sidewalk.
II��"����li��� - Parking refers to the temporary storage of
automobiles.
II t r in�e� - Paving is the material which is used for covering
driveways, walkways and parking areas. The original street
paving was sand followed by brick or clay. Today the typical
material is asphalt. Brick, interlocking blocks and other modular
paving not only provide a suitable surface for the automobile but
they also provide a more human scale than asphalt. Asphalt and
concrete are monolithic undifferentiated surfaces that promote
high speed traffic. Modular paving is a surface made of many
small units, such as concrete bricks and paving blocks. It is not
as smooth as monolithic paving and therefore slows automobile
traffic.
II'��°P,��a��a��`� _ If visible, the type and shape of a building's roof is
probably the most important element in establishing its character.
The roofing material is also important.
For most residential properties, the original roofing material was
wood. In the first decade of this century metal roofing became
available. Because wood roofing was susceptible to fore, most
wood roofs were replaced or covered with metal by 1920. In the
1940s asbestos shingles became popular and by 1950 the most
common roofing material was asphalt shingles.
°�������f������ - A setback is the distance from a reference point
that a structure is "set back" or located. The reference point is
usually the property line and typically the building has a setback
from all property lines.
°�li��li��� - This is the primary material covering the exterior walls
of a building.
o���i � f i�ci�M �- The storefront is the ground floor facade or face
of a building which is adjacent to the sidewalk in a pedestrian-
oriented urban setting. The storefront typically includes the
primary entrance to the building.
;i;l;;�<;mr.�.,,liir��f - Spacing is the amount of void or space between
buildings. The most visible and apparent spacing is side to side.
The spacing between the rear of the buildings is usually not
visible from the street and is therefore of less importance than
the space between the sides.
°�li��� �- For the purposes of these guidelines a sign is a device
that symbolically identifies the occupant, building use or provides
some other information relating to the structure or the site.
II'��°P,����Il��a����li��a�� - Relocation refers to the relocation or moving of an
existing building from its original site to a new location on the
same site or a new site.
Y��dlii P�f�,��� - The earliest buildings in Denton had wooden double
hung four over four windows. "Four over four" refers to the
number of panes or "lights." After the turn of the century the
predominate type of window was the wooden double hung one
overone. In the 1920s multi-lightwooden double hung windows,
such as six over six became popular.
Metal windows came into use in the 1920s in commercial
construction, but not until the 1940s in residential construction.
Windows were usually arranged in a balanced logical pattern
reflecting the rooms on the interior of a building.
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The design, construction, and placement of signs should
complement the building's design. Most historic and many new
commercial buildings provide appropriate locations for signs on
the primary facade. New building facades should include an
area where a sign or signs fit within the overall facade design.
,;;v`u�f� � U�f��;; r�fr; „
Basically there are four different kinds of sign messages that
people use to advertise their business: text signs; symbolic
signs; shop activity; and window displays. Within each kind of
message there are variations that customize the sign to match
the identity of the business and the architecture of the building.
In some instances, it may be appropriate to have all four kinds
of sign messages.
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i� r I, .��;ir �.�„i��hl�l�. <<,, c���� -i��i,y�
Most businesses incorporate I r s�� u��i �� as part of their
advertising. Text signs have letter messages which spell out
what kind of business is inside. The message may be composed
of single letters or letters applied to a panel. Text signs clarify the
type of business conducted in a shop and are probably the most
common type of sign message.
Thereareseveraldifferenttypesof �r��ly��llu�� �Pli�tiW�Pwhichcanbe
used to communicate business activity. A red and white striped
pole traditionally advertises a barber shop, and three hanging
balls indicate a pawn shop. Other symbols are more directly
related to the service sold; a shoe, for example, might advertise
a shoe store or repair shop. Symbolic signs, such as barber pole,
may be three-dimensional and symbolic and text signs are often
combined in one sign.
Although traditionally not thought of as a sign, ��ol� �P�m�.� , mdl�llr ������e�
����li�ili��li��P�� are sometimes the best form of communication. If
clearly visible, shop activity reduces the need for other signs
since the goods and services are self explanatory. A line of
hungry people at a lunch counter beckons other hungry shoppers
as effectively as more traditional signage.
1l`✓iirt �a�d;�r, i I�I �,i�areanotherkindofbusinesssign. Welldesigned
window displays which are
aimed at eye-level usually catch
the eye of pedestrian shoppers.
The chairs and lamps in the
windows of a furniture store are
a typical and highly effective
window display.
vu�;fl� II �o�,;,,,rlu��l�, ,i�III� „rl`�e,$ II'�� Illtic;;il"�
Different building types require different approaches to
commercial signage. Overall, the most effective and attractive
signs are those that appear to be an integral part of the building's
architecture.
The best area for signs will be those places which contain
continuous flat surfaces that are void of windows, doors or
other architectural details. For many older structures the
most appropriate places for signs will be on lintel strips above
storefronts or on transom panels above display windows.
For newer buildings, continuous areas of stucco or masonry
which are immediately above the top of the storefront offer the
best possibilities. The size of these signable areas should help
determine the size of the sign and its lettering.
When signs are too large or poorly placed they may cover
up architectural details which help give a building interest
and character. Signs should be placed on buildings so that
architectural details are not hidden.
������fulu��rW�ll �u�JrW�lyll� l,'r���,���p
Historically, most buildings had
signable areas located above �
; `�.mi�ma�a�r s�civ;iR�, �
the first floor transom area of the
I'P1MFtiRY SIGN AREA
storefront, a transitional area that �� ,�� ��
helped differentiate the major �'.
activity at ground level from the ,� � 6
upper stories of a building. If �� ��
this primary sign location is not
present or is covered with an awning, the area just below the
second floor window is an appropriate secondary sign location.
It is important with both of these sign locations to work within the
architectural framework of the building; do not obscure columns
or details with the sign.
It is also important to remember a sign not only impacts the
building, but can detract or add to the image of the entire block.
Signs that are similar in size and mounted at the same location
I bi�/Jlbl`�J/Jlb I�I �71'�yl I I(��byl'�yl /zlJzlb� I!i �iIIIItIJI,,,II'-EI 5
and height create a harmonious line of signs, thus improving °�������`������
readability.
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In addition to the signable area of a building, windows and doors
may be available for appropriate signage. Signs may be placed
on the interior side of a window by painting, silk screening, or
applying vinyl letters. They may also be hung orstand separately.
It is important not to obscure too much display area with these
signs. A door is an appropriate place for a sign which includes
the business' name, address and hours of operation.
l,'rv✓i�ui��;r"%
Awnings are good locations for additional signage. The fringe
is a logical location for text type signs. The end and top are
appropriate locations for logos or graphics that need more
space.
Many styles of type are available. Letter styles which are
compatible with the building's architectural style and the business
image should be selected. Simple geometric letter shapes are
easier to read than more ornate and complex shapes. Sans serif
letter styles are easy
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to read because they have simple geometric shapes, but many
serif typestyles are also easy to read. Serif lettering usually
adds design interest to a sign; it is most compatible with historic
structures, and it is appropriately used with traditional signage
materials.
���u��i � II C`��r � I u �, m�P��r� � �� Sans serif styles are simpler and crisper than serif styles and
they work well with modern materials and architecture. Script
A sign serves as a nameplate for a business. Although it should lettering is more difficult to read than printed lettering and its use
be highly visible and legible, it does not need to be particularly should be limited to the creation of a special effect.
large or flashy. The sign will be much more effective if it has
the a ro riate details and a ro er location. Accurac and ���������, ��������������� 0 �u�„U 0 ���, ���������������
pp p p p Y u��y�,i�l �„����i� J i����i� ���������� �
precisio n i n th e fa b ri cation a nd i nsta I lation a re esse ntia l. , Oi� �,,,,,,,,,,,,,,, ��� �,,,,,,,,��i ��� ,,,,,,,,,,�� i,,,,,,,,,,,,, �,,,,,,,,,,,,,,,
-'�u�,r� � U�f��;; a., ' ' w�
o��,tr�� r o��,fm��u u�„�
The most important point in designing a sign's message is to
keep it simple. Too many pieces of information will clutter the
sign and confuse the viewer.
The best signs incorporate the fewest words possible and
perhaps a picture or symbol to create a strong visual identity
which is easily understood in just a glance. Avoid listing every
product sold.
,°i� f_� t;mr.lt��`:
The shape of the sign also affects readability. A sign which has
a simple geometric shape such as a square, circle, rectangle
or oval is easier to read than one which has a complex shape
because the shape of the sign does not compete with the
architectural elements of a building. They can reflect arched
doorways, rectangular windows, linear cornices and signable
areas.
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�r� ��°"' �'� ° %��'e'
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�„� o�rr�r��i�r¢�i m� �d',� �, �v,��rrr�
A combination of typefaces may be used to accent different
portions of the sign message; however, the number of different
typefaces should be limited to increase readability.
For long messages, only the first letter of each word should be
capitalized. Although capital letters are more easily recognized
than lower case letters, they tend to be confusing when read as
phrases or sentences. Readers will quickly recognize the first
letter of each word followed by the lower case letters.
II��"���Ir��i i,ii��ai� �i�e,� Illt rll �i���m�P�
Proportion and balance within the sign and on the building work
together to create a well-designed sign. The viewer needs to be
able to comprehend the individual letters and geometric shapes
and tie the shape together into a message. When the letters are
too close together or too far apart, the sign message does not
communicate effectively.
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�Ilm��������r ((F
There should also be a balance between the sign and the
building. This creates visual harmony among the buildings along
an entire block face.
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When signs overpower an individual building or a block face, they
become visually disruptive and inappropriate. An oversized sign
will dwarf a building and an undersized sign will become invisible
against a large building. It is difficult to determine hard and fast
rules regarding signs and placement of lettering; however, some
general guidelines are helpful in a pedestrian environment:
For a window sign, six inch letters are usually effective at a six
foot height. Flat signs are generally ten to fourteen feet above
the sidewalk. As a general rule, the maximum height of a capital
letter should be three fourths of the height of the sign backg round.
For most lintel signs, eight to fifteen inch letters are sufficiently
large and most appropriate.
Il�lfG/�i// uuiuJlJgJI�/��/IIIII�III����, uuuml� liuuuuuuu uuuul(frr�
! uiiuy�� r������%/ IIIII �'' uum��� uuuuuuu
�����
� �, uuuuuum /�ai�� uuuuulg� /��i�f1ri�i uuuuuum uuuuug�
���l���I luuuuuum uuuuuuu uuuuuuu '�iriai//l� uuwr((������i �ron�i�� uuuuuum uuuwf(l�
types and lettering.
U°c;;ill��� f"r,p,,;�u�.r��;;,-
Color selection is one of the most crucial aspects of successful
sign design. Because a sign should complement rather than
clash with its surroundings, colors should be compatible with the
exterior colors of a storefront and the entire building. The color
scheme should be simple, with the selection of colors forming
a family of tones. It is rarely necessary to use more than two
or three colors in a sign. Combinations of primary or day-glow
colors should be avoided.
�� �������� ����� ��� The contrast of colors influence sign
legibility. Light letters on a dark
��' ������������ � �� background are generally easier
(((�((( �((((( � to read than dark colors on a light
III III IIIII background or an illuminated panel.
Glossy backgrounds produce glare,
reduce legibility and should not be
r� used. A matte or flat background
II���� �� �„� Ir" I�.
is less distracting than a glossy
background.
Different colors can also represent different moods and
messages. Darker colors appear more dignified and formal;
light colors reflect freshness and informality; bright colors denote
excitement. The use of shading, outlining of borders in a sign
should not decrease the sign's legibility. Ornamentation should
not obscure the message. Usually, a pedestrian reading the sign
at eye level is the only one who can appreciate these details.
��II�IP U��rV�����Il,rll�
Simple sign materials should complement the textures and
��J/Orai� �� l uuuuuum uuumiu �/�aiU�, uuuuul �� �/�ffrl�i, uuuuuum uumiul��
��%%� �'� �������������� �����»»„�� ���������� �������r��G /,,,,�i�� (ll�»��,1�i I�������������� ���������r�l� finishes of a building's facade.
, , ��������������� �n
Careful spacing of letters and words is also important in
determining the legibility of a sign. Letters with serifs need more
room than san serif. To avoid a cluttered appearance, no more
than 75% of the total sign-panel area should be occupied by the
letters.
//�Ir�I�c�X@urlr I��m�.�3 I�� II'��u�1! Inf��.�P��
It is important that a sign project the character of the business
it advertises. If a business is selling high technology products,
then the sign should reflect this modern image. Conservative,
traditional businesses can be expressed through classic sign
Materials similar to those used at the time the building was
constructed should be used. These materials will enhance the
overall composition of the building.
The use of the highest quality materials available is especially
important if the sign must weather the outdoors. The use of high
quality materials result in greater durability and longevity. A 15%
increase in material cost can extend the life of a sign by 505 or
more. Quality materials will also reduce the yearly maintenance
on a sign. A knowledgeable sign maker can recommend specific
products or materials that will increase a sign's life expectancy.
Using genuine materials such as real wood letters instead of fake
I bi�/Jlbl`�J/Jlb I�I �71'�yl I I(��byl'�yl /zlJzlb� I!i �iIIIItIJI,,,II'-EI 5
wood grain plastic ones will enhance the quality appearance of downtown core area.
a sign.
,�u�fi� II li�;-rl�lui`��;r
Well-designed lighting should attract people to the sign, the
building, and the displays in its windows. With the exception of
some neon applications, the lighting system should be secondary
to the sign ad and should be inconspicuous on the facade.
External illumination should be provided by a continuous light
source that is installed to prevent light from shining directly onto
the street or adjacent properties. Flashing or moving lights are
not permitted by the City sign ordinance.
The light source selected may be incadescent or fluorescent, but
it should emit white light. Spot, track overhanging or wall lamps
are all acceptable light sources. High intensity light sources
often produce excessive glare and should be avoided.
The use of internally illuminated signs (backlit plastic) is
discouraged. These signs are often stock designs which are
incompatible with the character of commercial buildings in the
Indirect lighting is achieved by placing fixtures on the front of the
building, either above or below the sign. The fixtures should be
shielded to prevent glare on the street and sidewalk, but should
still cast light on both the sign and part of the facade. With this
method of lighting, the sign is illuminated as part of the total
building face.
Well-designed ir��;;c;;iir� signs
can be compatible with certain
storefronts, especially those
designed inthe 1930sand 1940s.
Neon is an energy efficient light
source; it can be used at a very
low level of intensity and still be
very visible. Neon is available in
a limited number of colors so it
is important to use it in a manner
appropriate to the building's
design and color schemes. Since a neon sign's legibility comes
from the illumination and brightness of the message alone, there
is no need to use a background panel.
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�Ilm��������r ((F
�uuuui�������1� ���oo� �/ //� III uuuuuuu uu�uu ���oo� �/ //� ,
�� �� � ����'� �i���� � ��� ��� ,� I�jyJ�i///�
�� "�io � �� ��/// ` �� "�io � �
iiiiiiiiiiiiiiifrr oiiai�%/�l f � l oiiai�%/�l f � l
���iaoij ,/////aao,� uuuuuuiuii�ll����j��, uuuuuuuuuuuu �� uuuuuuiuii�ll uuuuuuuuuuuu ��
�0� �� �� f((� uuu� � �uiu�yya� uuu� �
�li�o�oi�1J%iiii�f �iooioai�%/��� �u�u������//,, iuuuuuuuuuuuu �iiiaaaa��� ���llir�,,, uuuuuuuuuuuui �iiiaaia����i�.
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II`�'��e',���/l°�llf�9��' II e',���ll°�llf'9�� �, e'� II ;�II � li�� II ° II �i��G��
This section ofthe PropertyAppearance Guidelines is specifically
for the downtown core area. This area, which constitutes the
original commercial core of Denton, includes the area bounded
by Carroll Boulevard on the west, McKinney/Pearl Street on the
north, Bell Avenue to the east and Sycamore Street to the south.
Please refer to the map provided in the Appendix for a graphic
representation of this area.
A large percentage of the structures in the core downtown area
have historic significance, and this unique urban character should
be maintained and encouraged to develop whenever possible.
This area is also largely pedestrian-oriented, and should remain
focused on people walking rather than the automobile.
This portion of guidelines is divided into five sections:
� ,i�ll"'C111 liy�lll ,i�ll�»I!'-U �»�,,,1.!Illiy�lll ll lll!'-UIII ,i� provide general information
about vacant land or public spaces.
v �;: I I y r �, I,;;,-
In the downtown core area there is usually little or no setback
from the front property line. This is also true of side setbacks, with
buildings usually toughing. The rear setbacks vary according to
the lot and building depth.
New structures built to the front and side property lines are
preferred.
� Il�c�IIIII��IyIIPU� IyII�;.:�II�PII ����Illyll�ll���lla'llll�;.°� provide specific ,��r�ui���;;
information for new construction projects.
For the most part, the facades of commercial buildings in the
:� Il�c�IIIII��IyIIPU� II'll PU��i�Jl/,'rC�ll��a'�-U ��c�lllyll�lll IlPllll�� are for existing core downtown core area form a wall of continuous buildings,
structures. which is typical of historic downtowns.
��� ��Il��a'�ll I yll �� �II��P ll ����llll yll ��Il��lla'�-UII �� � include recommended sign • New Building development should continue the existing
types for both new construction and renovation, as well as building spacing. Buildings which break the wall of facades
defining inappropriate examples. or create voids or spaces are discouraged.
'� II�c�IIII��IyIIPII�� ���/,'%IIPU'�IIIIPU/,'%Pll�,�ll�� //°Pllti;',y II'Il��ll��r//�IIII'��°P, offers practical
suggestions on how to protect your investment.
�; � �..�......�::r� �„!t C,'�.,, ll � � �.,, ;
������e���f�����f��a�������„������`�f���'������f��,
��ii u� i�l z�u�ci�
Most existing buildings in the downtown core area are oriented
toward the adjacent or nearest street.
• The primary orientation of new structures should be toward II��"����li���
the adjacent street.
Parking for the downtown core area is usually located on the
• Building on sites which adjoin two or more streets should street or in private lots. There are two public parking lots:
acknowledge or address all adjacent streets. Williams Trade Square, just east of the Courthouse Square on
Hickory Street, and Carroll Courts building lots on the north and
• New construction that is oriented toward the interior of a site south side of Mulberry Street east of the Courthouse Square.
or a secondary street is discouraged.
I bi�/Jlbl`�J/Jlb I�I �71'�yl I I(��byl'�yl /zlJzlb� I!i �iIIIItIJI,,,II'-EI 5
To supplementon-street parking, new construction is encouraged • The installation of native canopy trees is encouraged in open
to provide parking behind buildings, out of view from the street. space areas.
• Freestanding planters and hanging plant containers are
encouraged where permanent plant beds are impractical.
Care should be taken to ensure a balance between aesthetics
and functionality when exterior lighting is planned for new ��i��l�f�,�a�kyu I�II;a��
construction or the renovation of an historic property.
• Permanent merchandise displays outside of a building are
• The type of fixtures selected should be as compatible as not encouraged, and may be prohibited by code.
possible with the period of history when electrical lighting
was originally installed. • When using the sidewalk for display, merchandise should be
placed so as not to restrict pedestrian circulation.
• Fixtures predating the original installation of electrical supply
to the site should be avoided. Carriage lamps and gaslights
are examples of inappropriate fixtures. 1��,G„!(,l,(„�(,�,,,�,�;� l`� ,�f,�;�y� ����!t;�'�,},,,,,,,1„f�,,,�},,,,,,,;;�
• Although security is a concern, care should be taken to not Ill���ull�fin�e� U�d rlr� �u�ll��P
over light or flood the site with light.
Brick is the predominant building material in the downtown core
• An average illumination level of 1.5 to 2 foot-candles is area. Native stone was also occasionally used.
preferred, although specific site conditions may warrant
different light levels. • New construction should use materials similar to the
predominate materials of neighboring buildings.
,�ulr II �,��i�„i�u I�ui`��;-r;;,
Site amenities include benches, trash receptacles, and bicycle
racks.
• The provision of sit furnishings appropriate to the type and
size of businesses in the downtown core area is strongly
encourages.
!�il�� I� ;�I;� r� r;'r,lr`��f II tl`��;,f � rl,�lll"��,r
Open spaces in downtown Denton include areas used for
pedestrian and vehicular circulation, parking, storm water
detention,orsimplyforaestheticenjoyment. Amongotherthings,
landscaping can be used in open areas to provide shade and
enclosure, screen or frame views, direct circulation, or establish
a comfortable sense of scale.
• Where open space is available in the downtown core area
(generally to the rear of properties), at least 20% must be
devoted to landscaping plantings.
• Landscaping should be used in conjunction with fences
to screen parking lots, dumpsters and service areas. For
security reasons, screening height around parking areas
should be relatively low.
• Masonry construction is recommended in the downtown
core area.
• Materials which imitate other materials or appear to be
something they are not are discouraged.
U',;; t;mr, ir`� c;;i It� li �;; ,,,,
Due to historic precedent and
functional considerations, the
incorporation of continuous
canopies for all new structures
in the commercial area in
encouraged.
Canopies should be constructed
of permanent material, such as
sheet metal over wood, or steel
fra me .
Color has one of the strongest visual effects of all the elements
discussed in these guidelines. Taste or preference in color
varies widely from person to person and from period to period.
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Consequently, color is one of the most changing elements of a be given special treatment, elements such as windows,
building or area over time. architectural detail and colorshould be consistentthroughout
the building.
• Although careful consideration should be given to the
selection of colors and their compatibility with surrounding • Completely blank facades are discouraged for any side of a
buildings, more latitude can be given in the use ofthis design building.
element to reinforce the variety and diversity of the area.
//� �� I G u l m tiy 4��a G m� ll I ��y m�� u ll ��
• New development should not try to match or copy the color
schemes of adjacent buildings, which could lead to an overly- • New structures should exhibit details of design which are
uniform appearance. appropriate to the materials and components used.
• Traditional, light or muted colors with a pastel or earth
tone hue are generally preferred. The use of very bright,
florescent, or day-glow colors is discouraged.
"�dIII`�e,fr„�✓✓;;, mr.["�e,i
�I�r���P�'fI��IP4�
Buildings in the
downtown core
area typically have
storefronts consisting
of clear glass held in
place with a frame and
resting on a low wall.
The glass storefront allows pedestrians to view the interior of the
building and is often used to display goods or services offered by
businesses occupying the building.
• New structures should maintain the established character by
continuing the use of glass storefronts.
• The materials used to construct the storefronts, window
frames and door frames should be consistent throughout
the building.
• Storefronts constructed with materials which hide the interior
(including darkly tinted or reflective glass) are discouraged.
• Vacant storefronts should not be left empty, but should be
used to display building renovation plans, community events
or other similar information. The display should screen from
view the vacant space behind the window.
• When a building has multiple storefronts, the construction
should be consistent throughout.
• The side or rear facades should be constructed as the same
materials as the front. Although the front facade should
Buildings which have little or no detailing and therefore
present a plain blank facade are discouraged.
• A building's primary door and entrance should be located
in the principal facade of the building and open to the
sidewalk.
Primary entry doors that are at the rear of the building and
are not visible from the street are discouraged.
The lack of a visible roof is characteristic os buildings in the
downtown core area.
Generally, new structures should maintain the existing
character of hidden roofs.
'�;lr'r�l��'l�/�,i,,,,l,,,,��,,,,,,�„'�I��J l�i�f i�(�l�'� �l�/� ,,
The recommendations presented below should be used together
with the Secretary of the Interior's guidelines (included in the
appendix) when decisions are made regarding renovations to an
existing building.
New development should not try to match or copy the color
schemes of adjacent buildings, which could lead to an overly-
uniform appearance.
Generally, buildings should be left in their original location.
Relocation should only be considered if a building is
threatened on its original site, or renovation and continued
use is prohibited by its current location.
I bi�/Jlbl`�J/Jlb I�I �71'�yl I I(��byl'�yl /zlJzlb� I!i �iIIIItIJI,,,II'-EI 5
• If relocation is necessary, the new location should not //���f�fulu��rW�
change the context in which the building originally existed.
For example, a commercial building should not be moved to • Additions to historic and non-historic structures do not have
a residential neighborhood. to exactly copy the original, but they should be compatible in
design and construction.
• The original building orientation with respect to the adjacent
street or streets, the point of compass, or surrounding • The original structure should not be overwhelmed or
buildings should be maintained whenever possible. dominated by the addition.
II �� II I �� 6�II � II t � I V �,'b �'f ��� II � �m4� �"i �� t I II k'b �"V
Careful research should be done to determine the various
configurations of a building through history and when specific
changes were made. Based on this research, the most important
architectural period can be determined and considering the
current use and requirements, a logical decision can be made
as to which configuration or historical period the building will be
"restored."
• Once the specific period or model is selected it should be
consistently used as a guide in making individual renovation
decisions.
• The mixing of building components from different periods
should be avoided.
o ��i�olr;d��ul�llr�.cY���P�
Well-designed buildings generally have compatible uses beyond
their original function.
• When the use of a building is changed from the original, care
should be taken to select a new use which the building can
easily accommodate.
• Significant original features of the structure should not be
hidden or obscured.
The typical historic commercial building existing today in the
downtown core area was constructed with the continuous
masonry or concrete foundation walls.
• Additions to existing buildings should maintain the original
type of foundation in the new construction.
• The repair or replacement of wood siding should match
the size, shape and pattern of the original siding. Historic
buildings originally covered with wood should not be covered
in stucco.
• The use of vinyl or aluminum siding is strongly discouraged
because itseldom matches the original wood size and shape.
Such installations usually require destruction of original
architectural ornament and frequently cause deterioration of
the wood structure due to moisture retention.
• Generally, painting unpainted masonry is discouraged. The
• Incompatible uses for existing buildings usually require exception is concrete block, which was historically painted.
extensive modification and are discouraged.
• If paint is to be removed, the gentlest means possible should
Il�fl ri ��fu��.m�lrl�e e,� //�� � r�p,�,� be used. Sand blasting and high pressure watermethods are
discouraged. A chemical stripper compatible with the brick
• All building renovations should provide for handicapped and mortar should be used, together with a low pressure
FI�ZK�X�
• On all historic structures, the access should be located so
that it does not detract from the original character of the
building.
wash.
• The use ofstucco, wood orothersiding materialson masonry
buildings has no historical precedent and is discouraged.
"�'-dlii��f��✓✓;;,
The type, arrangement, size and construction of windows in a
building in one of the most important elements contributing to its
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R ��
�IIm�������r�F
character
• Since the window type is important in establishing and • The original design of a historic building's entrance should
determining the historic style of a building, it should not be not be modified, but maintained.
changed from the original.
• If renovation of a historic building's entrance is required, the
• In the case of an addition to a historic structure, the windows original location, design and materials should be used.
should be of a compatible, but not necessarily identical,
type. • Non-historic building entrances can be given more latitude
in renovation, although the original location should be
• Wooden windows should not be replaced with metal maintained.
windows.
U',;; t;mr, ir`� c;;i It� li �;; ,,,,
• Windows should be glazed with glass matching the original
as much as possible. Canopies were common on
commercial structures in the
• Odd or unbalanced window patterns on the facade of a downtown core area. Providing
building should be avoided. shelter from the sun and rain,
they invited potential customers
k`y��a��a�� to linger under their cover and
window shop.
Although not as numerous or as important as windows, doors
also help establish the character of a building. • The original design and construction of canopies should
be maintained, and if previously replaced, they should be
• If a historic door must be replaced, the new door must match returned to the original design. New canopies should not
the design and construction of the original. attempt to cover more of the facade than the original.
• Wooden doors should not be replaced with metal doors. • Canopies on non-historic buildings should be similar in
design to their historic neighbors.
• Doors should be glazed with glass matching the original as
much as possible. • All canopies should be constructed of permanent materials.
l,'r,, v,✓, i� u i� �.r ;;,
Although most of the commercial buildings in the downtown • The use of canvas awnings
core area were constructed with roofs concealed behind parapet is encouraged whenever
walls, a few remain where the roof is visible. appropriate.
• If visible, the type and shape of a building's roof should not • Awnings should serve a
be changed. functional purpose, and
should not be simply as an
• Modern aluminum, canvas and mansard roofs are architectural ornament.
discouraged on historic buildings. If previously applied, they
should be replaced whenever possible. • Awnings should not be used
to replace original canopies
• Additions to historic buildings should match the type and on commercial structures.
shape of the original roof.
• On historic buildings, the awnings should be similar in design
• Historic buildings should be re-roofed in the original roofing to those used when the building was constructed.
material whenever possible.
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/6%itiyl�ulrm����l�a�m�ll IyeVm�ull�P
Careful research of old photographs and physical evidence
from buildings are the best means to determine the design and
placement of original details.
• On historical buildings, original details should be retained
or, if missing, replaced with details matching the original
design.
• Details not original to the building should not be added. The
addition of inappropriate details tends to confuse the public
and diminish the authenticity of historic structures.
• If a building had little or no architectural details originally, it
should remain unadorned. The lack of details may be an
important part of the building's history and character.
• Although more latitude is allowable on non-historic buildings,
the addition of architectural details should always be carefully
considered and carried out with restraint.
• The colors selected for renovation of a historic building
should be based on actual historic colors for the building
(as determined through historic documents and physical
samples), or according to typical colors for the historical
period selected for renovation.
• The primary concerns when selecting colors for a non-
historic building should be related to achieving a pleasing
combination of colors and assuring compatibility with
neighboring buildings.
III �f���ulrr�� i���
These necessities of modern life often have little or no historical
precedent. Consequently, they can easily become an intrusive
and detracting element in a historic renovation, diminishing the
authentic character of the building.
• Modern equipment installed on or adjacent to historic
buildings should be located away from public view as much
as possible.
• When this is not possible, the equipment should be screened
from view with landscaping, fences or walls. Generally,
these equipment guidelines should be applied to non-historic
structures as well.
�fl,���/ � `�e;, /�y�/ �r(�f��� �fll� e"
;� , � ,��,,� ���t���t '.,r�, ` ��,,,
The following sign types are recommended for the downtown
core area. They represent a variety of styles that allow for
flexibility and individual expression, yet if properly executed, will
reduce visual clutter and become a unifying element throughout
the area.
The intent is not to limit the ability to advertise a business, but
rather to present a framework that encourages continuity and
recognizes the impact each individual sign has on the whole
community. Studies have shown the people refer to patronize
commercial establishments which do not visually assault them
with numerous signs of various sizes and heights or other gaudy
visual devices.
II'�Ildrl ��� YJ�ddrllll �ue����'P
These signs include any permanent sign that is attached to or
erected parallel to the face of a building. Wall signs or flat signs
include individual letters that have been applied to the building
face or signboard panel. Regardless of the type of wall sign
chosen, it should adhere to these guidelines:
• A wall sign should not project more than twelve inches from
any building surface.
• Signs should not obscure architectural details of the building
to which they are attached.
• Signs should be installed in the signable area of the building
facade.
• Awall sign cannotextend beyond the end of the wall to which
it is attached.
�� ��1� ��1� �� � �
� ���"�i:��.i �'Y-�:�'"iT�
.. » �,�� ��
- �tC�l���l1�
�
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�Ilm��������r ((F
Ilr�r� r,�r �,�Ii��P�y ���e,��� P
Hung perpendicular to the building face, projecting signs are
highly visible and can be an extremely effective method of
identifying a business. Because of their high visibility, projecting
signs have perhaps the greatest potential to enhance or detract
from the character of the downtown core area.
• Projecting Signs which symbolize the service offered and U�d��a ��I�Ilrm��� �u�ti �r���� ri ��,�
are scaled for pedestrians are encouraged in the downtown
core area.
"�'<dIIl��trc✓✓, / Iy����;;ilr u�fl�;;,-
Decorative brackets may be used,
but they should complement, not
overwhelm their signs.
The lines of the brackets should
harmonize with the shape of the
sign (as well as being capable of
supporting the sign).
Any sign that is painted, gold-leafed or attached on the glass area
ofa doororwindow is included in this category. Apermanentsign
hanging in a window is also defined as a window/door sign.
• Window signs (permanent and temporary) should not exceed
the allowable quantity or glass area coverage requirements
for a window or storefront.
• Painted or gold-leaf signs which are professionally
installed are recommended to convey a traditional, quality
appearance.
Recommended canopy signs are of
several types: sign panels or individual
letters which are attached to the vertical
face of a canopy; freestanding letters
which rest on a canopy's upper edge;
or panels which are suspended from
the underside of a canopy.
• If an when allowed, sign boards should not block pedestrian
circulation routes or other signage.
These signs should be professionally constructed and
finished to the highest quality.
U�fi�;;i�����iu;mr.11 �u�,ri�;;,
Memorial or date of construction signs are encouraged and
should be designed and located to be compatible with the
building's architecture.
II'°arlll�lr �i ii�u�fl� ; �cl"� r IIt�,1lllll�tlll��f ii��,1�1 f rc,;,r„
The renovation of historic advertising painted directly on building
surfaces is encouraged, along with creation of large-scale murals
as a form of public art.
All wall signs and murals should be professionally applied or
restored.
lfl�iJ�l�l��:,If;J���� i ",1��y�1„�?%,
Inappropriate signs encompass a category of signs that are
deemed inconsistent with the image being developed for the
downtown core area.
ti�'�yui r � I�;a�� �u��i W�
Elements oftheirdesign (proportion, size, character, illumination
A directory sign is one that lists the name and location of etc.) are considered incompatible with the style and character
occupants on a multi-tenant building. these guidelines seek to achieve.
• Directory signs should not cover architectural features, or II ��� � oi;.mdi ��fui ��� �u�tiW �
exceed the allowable area requirements. They should be
mounted flush with the wall. With a few notable historic exceptions, signs on poles or signs
• All directory signs should be of the highest quality, with supported by structures other than the buildings are discouraged
engraved, painted or vinyl lettering applied to a permanent in the downtown core area.
material.
U',� ri���I�w�' �u�fi�;;,
Signs that are erected entirely upon or over the roof of a building
• Canopy signs are encouraged in the downtown core area. and are supported solely on the roof structure are prohibited.
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IhPlr ii���llll� IIIIIIu�u��inPo�lr �a�',�u��i��P
U'�d��inPlr r�'uiPti�r �e�c�'���a� �I��i� Y��duiP�,y�c���P
These plastic faced signswith an internal lightsource are strongly • Wash upper story windows.
discouraged.
Permanent banners hung from any structure are prohibited
Temporary banners are acceptable for the time permitted only.
Illtullllly�;e.m���f .o�i�e,�!�yff �II"��i�ou�r� �u�tiW�
Billboards or signs located on premises other than those of the
business they identify are prohibited.
II�t��� I rb�ll� �u��� � �
Portable or trailer signs are prohibited.
�.Ci r�fr ��,;ri I� �ue�i � �
• Clean debris from upper story windows.
• Repair shades or curtains in upper story windows or replace
with new.
• Re-glaze loose glass. This will reduce air leaks.
• Install weather-stripping. This will enhance energy
conservation significantly.
• Replace broken glass. Remember to duplicate original
pattern.
U'�da�ui�Ir,i�Wa�i����, ���"�I��i�,["���;�i�i�
• Wash display windows.
These signs show registered trademarks and advertise products • Repair damaged kickplates.
such as Pepsi or NAPA.
• Re-caulk display windows to reduce air infiltration.
• Trademark signs which do not represent the principal
products sold or services conducted on the premises are • Install weather-stripping around doors.
discouraged.
• Repoint mortar where necessary. Use the proper procedure
��ly ��II����� �u��i� � fore pointing, matching the color, texture and detailing of the
original masonry. (More information on this subject available
Obsolete signs which advertise or relate to a business no longer through the National Park Service's Preservation Brief
on the premises are prohibited. Series).
�� � �� �� �,lrJl 1�;�� �l�/� �
� ��f���f�����,�y ��IrJfl/ � �/rJlll � rJ�l�� � � i�(� ����� v���
Use these regularly scheduled maintenance procedures to
preserve historic building materials:
k'�d �III PI r�P��� rl Pti�rm�, r;e'f �I I �, r,'� rl P�,� �u�'tr y��mall�°�
U'+�dar���tlr,��W.o��t�,e �;e���ll'�����"�
• Clean debris from gutters and downspouts to prevent the
backing up of water.
• Patch leaks in the roof. This should be a high priority for
building maintenance.
• Clean debris from sidewalks, especially where site drainage • Replace deteriorated flashing.
may be affected.
• Clean garbage around dumpsters.
• Repoint eroded mortar in the parapet wall, using an
appropriate mortar mix.
• Property owners are responsible for keeping the sidewalk • Re-soder downspout connections to prevent water from
clean. leaking into walls.
• If possible, connect downspouts to underground sewers.
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�Illlluuw(i'fff�
Do not allow for water to disperse at the foundation of the II i�� i ��� �„��,�i � �a �,�I u�ci�
building. This water may cause damage to the foundation.
It is not necessary to remove existing glass to install thermopane
�'�do�ui�IerWo-�i���e �e�`/,'%�;✓,i�in��� , o�i�e,� ��o�i��u�ii�m�-� to realize energy savings. Generally, the problem is that older
glass has dried and the glazing compound around it has shrunk,
• Repair leaking downspouts from metal canopies. which allows air to leak around the glass.
• Replace worn fabric awnings. The best strategy is to reglaze the existing glass (applying linseed
oil before glazing if wood is dry) and add weather-stripping. For
• Re-secure loose awning hardware upstairs windows you may consider installing storm windows
to achieve the effect of thermal glazing. Be certain that the
• Wash fabric awnings regularly. This will help extend the life frame styles of the storm windows match those of the original
of the fabric. Spray with water from the underside first, to lift windows.
dirt particles, then rinse them off.
li�(I,rlll�lr,l�<'-rl��„r, �;o[' �u�fl�;;,-
• Re-secure sign mounts to the building front.
• Repaint faded graphics.
• Repair worn wiring.
• Replace burned out bulbs.
• Remove obsolete signs.
• Preserve historic painted signs in place as decorative
features.
Other energy conservation tips include:
• Reglaze all loose glass.
• Weather-strip door and windows.
• Install destratification fans to circulate air.
• Install insulation in the attic.
• Consider installing insulation in the crawl space or
basement.
• Existing windows, if properly caulked and weather-stripped,
will provide adequate insulation.
• Most energy loss is through infiltration, which can be treated
in the existing window.
• If a greater degree of insulation is desired, install a storm
window. This will provide a greater air space, which will also
reduce sound transmission.
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��� UII�UUl1JJ �1Ul1JJ IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII�U!!)fJ�� �'���� �
�� �ul�� �ul�� Illllllllllllllllllll� �������� �� � ���
� �,,,,, uuuuuuuuuuuui � uuuuuuulf(� � l0/ia�,.
�;�i. i��,A �� ����°� �� � ,i.„��i:� �I �°������ ; r:�i:�� I�r�i.'� ��;;�
�
Sustaining the existing form, integrity, and material of a building or structure. It may include initial stabilization work as well as ongo-
ing maintenance of the historic building materials.
ll��trlriui� II'r, �Cy�r���'„
The process of converting a building to a use other than that for which the building was originally designed.
Ilr�r� ��Ir � �li�o��:
Defending or guarding a property from deterioration, loss or attack or to cover or shield the property from danger or injury. In the
case of buildings and structures, such as treatment is of a temporary nature and anticipates future historic preservation treatment.
°�I rr�ullur�l u�ci�:
Reestablishing the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at the
prese nt.
If ;p �;; ir`� c;;i °�; t;mr, fi; li c;;i ir`� :
Quick and easy solutions to updating a building. Most "preservation" projects are actually renovations. When a building is renovat-
ed, the usefulness and appearance ofthe building is enhanced. While the basic character and significant details are respected and
preserved, some sympathetic alterations (that are not necessarily historically accurate) may occur. Alterations should be reversible
in the event future owners wish to restore the building to its original design.
The next level of preservation. Most "tax act" are projects are rehabilitations. Rehabilitation is the process of returning a property
to a state which makes a contemporary use possible, while still preserving those portions or features of the property which are sig-
nificant to its historic, architectural and cultural values. Rehabilitations may include the adaptive re-use of the building, and major
or minor additions may also occur.
If ;p �;; ,,,, fi; c;;i �r <',;r, fi; li c;;i fr`� :
Restoration reproduces the appearance of a building exactly as it looked at a particular moment in time; to reproduce a pure style,
either interior or exterior. This process may include a removal of later work or the replacement of missing historic features. Use a
restoration approach for missing details or features of a historic building when the features are determined to be particularly signifi-
cant to the character of the structure, and when the original configuration is accurately and adequately documented.
Reconstruction is the process of reproducing by new construction of the exact form and detail of a vanished building, structure or
object as it appeared at a specific period of time.
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� i.�1„ � ,�'��� �,���� ��A;;;.�� �M� �i. 'i� ,I,�im
���������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������-���
IIII�������: The lowest part of a building; the lowest part of a
column.
Illl��ll�a �����������: A railing or low wall consisting of a handrail on
Balusters (small supporting posts) and a base rail.
�,���: The top member of a column or pilaster.
�'�II��P����P������e���: an upper zone of wall pierced with windows that
admit light into a large room.
�,���a�����������: The surrounding environment of a building or site,
including other structures, site features, landscape and streets.
U',;;c;;il;�liir��f: A capping to a wall or parapet.
�'���e�f���P�ll: A bracket of stone, wood or metal projecting from the
side of a wall and serving to support a cornice, the spring of an
arch, a balustrade or other element.
�,���a���li�����: A projected ornamental molding along the top of a
building crowning it.
k`�y��a�r�������: a window set upright in a sloping roof; the roofed
projection in which this window is set.
Illlll�ll�����i���li��a��: A"head-on" drawing of a building facade or object,
without any allowance for perspective. An elevation drawing
will be in a fixed proportion to the measurement on the actual
building.
II'������������: A face of a building, usually the front.
II'���� �� li�: A horizontal band of vertical face trim.
Il�����r r I�i��fui ��, �oli�fi�: Adetached sign which is supported by one
or more columns, uprights or braces extended from the ground
or from an object on the ground, or a detached sign which is
erected on the ground.
��f�ll����: The triangular wall enclosed by the sloping ends of a
ridged roof.
II��'��;����f U�d��all�fui �e�: Aprojecting molding around the topofa doorway
or window to throw off the rain.
Ih��fin� ��� II� u��l�lin��: Light only from a concealed light source
outside the sign face which reflects from the sign surface.
Ili�1 e i rWm�ll Illlllu�i �oui��l u�ci�: A light from a source concealed or
contained within the sign, and which becomes visible through a
translucent surface.
Il��li����ll�������: Asolid panel beneath astorefrontdisplaywindow.
II �ai ��fi � o z���: A prominent building or feature officially designated
as having special status and protection.
Il����r�a��'�li�����: An openwork screen or grill made of interlocking or
overlapping strips.
Il����li��������ll: A horizontal beam spanning an opening.
Il�����ar��li���li�����: A lighting unit; the housing for a light bulb, used for
exterior lighting.
�'�d��all��li���: A shaped strip of wood, metal, brick, etc. Usually
mounted horizontally, and used as ornament on a surface of a
stru ctu re .
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�Illm�����ir ((f
�'�d��a��li��`: An element in a composition, a principal repeated element °�lillll: The horizontal bottom member of a window or door frame.
in design.
k'�d��iP���G���iPl ,ue�i�: a fee-standing sign, generally low to the
ground with a continuous connection to the ground, as opposed
to being supported on a pole.
°����f�lilllir.����: To make resistantto change in condition. A building is
usually stabilized to retard deterioration until it can be repaired.
A weather-resistant closure, and a safe structural system are
minimum stabilization efforts.
II��" ri rlr�,���: Either the edge of the roof or the top of a wall which ���ui ��t �,°��a���G � rm���: A thin projected horizontal strip of masonry on
forms the top line of the building silhouette. the facade of a building.
II��"�,oG I,u��:a: A porch or covered walk consisting of a roof supported ������ G,m� U,,, �,cl;���z: A ceramic material molded decoratively and often
by columns; a colonnaded porch. glazed, used as a facing for buildings or as an inset ornament.
II��"i r prm�_� ,r��: To keep in perfect or unaltered condition.
Preservation usually included the overall form of the building,
its structural system, and finishes, as well as any decorative
details. Landscaping materials may also be preserved. Note
that preservation of a structure may include keeping alterations
and additions that have become important.
II��°°r � �,i �;�i ����;�: To create again. A building, room ordetail may be
reproduced in its exact detail and appearance as it once existed.
A accurate reconstruction requires good evidence of the original
design. One approach to construction includes using the same
construction methods as were used originally., whereas a second
approach allows the use of substitute methods and materials, so
long as they achieve the same visual effect as the original.
II��°P,� I� rC�lilllil rMrm���: To return to useful life. Rehabilitation is the
process of returning a property to a state of utility, through repair
or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property
which are significant to its historic, architectural and cultural
values.
II'��°°����r����a������ll: To remake; to make over. In a remodeling, the
appearance is changed by removing original detail and altering
spaces. New materials and forms are installed. Applying a
"modern" front to an older building is an example of remodeling.
Often, these changes are not reversible.
II'��°°���� �����a�����: To bring back to previous condition. In a restoration an
earlier appearance of the building is recreated, both in form and
detail. Original elements that have been covered are exposed,
and missing pieces replaced with new ones the match the
original.
°������`��: The main portion of a column, between the base and the
capital.
��������;ew°�: A horizontal cross bar in a window, over a door or
between a door and window above it. Also refers to a window
above a door or other window built and often hinged to a
transom.
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r� , I ,'" " ; I I „� I i � I �t'V,,��'u / ( '�;� I �I ;,����1 ��t �, ;���� � � �t . �s r � � ����^ � � �� � � � d� � � �� �� �
r � �, ��, f' . V��' a
�� �� ������� � � ���� '��� � � �
IIIIU ����oli� „V,nn, � o�-.�.i�� IIIIU�., oli N"V,�'�nn, ��IIIIU; ��rirr�rtri��m;,,,�m �nn, IIIIU�m.r„!oli ��� u1° on,-oc.;,,'r tli�,
H-1 9/02/80 123 North Elm Street
H-4 1/07/81 607 Pearl
H-5 1/07/81 609 West Oak Street
H-6 1/07/81 722 West Oak Street
H-7 1/07/81 705 West Oak Street
H-8 1/07/81 811 West Oak Street
H-9 1/07/81 723 West Oak Street
H-10 1/07/81 812 West Oak Street
H-11 1/07/81 1003 West Oak Street
H-12 1/07/81 1023 West Oak Street
H-13 1/07/81 1015 West Oak Street
H-14 2/17/81 610 West Oak Street
H-15 2/17/81 1819 North Bell Avenue
H-16 2/17/81 818 West Oak Street
H-17 4/07/81 819 West Oak Street
H-18 4/07/81 101 West Elm Street-Burned 1994
H-19 6/16/81 119 West hickory Street
H-21 2/23/82 210 North Locust
H-22 2/23/82 Oakwood Cemetery
H-23 2/23/82 1314 North Locust
H-24 4/20/82 Courthouse on the Square
H-25 9/07/82 221 North Elm Street
H-26 9/21/82 1555 Lindsey
H-27 8/02/83 703 Bolivar
H-28 10/04/83 619 Grove
H-29 11/15/83 Old Warehouse at the southeast corner of Bell & Hickory
H-30 11/15/83 Old Diesel Plant at the southwest corner of Bell & Hickory
H-33 1/15/85 217 East Oak Street
H-35 6/10/86 805 Bolivar
H-36 5/06/87 928 West Hickory
H-37 9/20/88 118-120 North Locust
91-001 8/20/91 305 Mounts Street
92-002 3/02/93 915 West Oak Street
93-001 6/15/93 120 West Oak Street
93-002 11/16/93 200 West Hickory Street
94-001 12/06/94 1035 West Oak Street
94-002 12/06/94 1004 West Oak Street
94-003 12/06/94 1018 West Oak Street
95-001 12/19/95 1513 North Locust
99-313 9/07/99 421 East Hickory
99-314 9/07/99 610 Oakland Street
99-315 9/07/99 100 North Locust
99-316 9/07/99 520 North Austin
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These design guidelines are based upon the Secretary of the
Interior's Standards for Rehabilitation. The intended result of
establishing standards is to advance the longterm preservation
of historic resources through the preservation of their materials,
features and characteristics. They apply beyond historic buildings
to include historic landscapes, sites and environments.
The standards should be referred to by the property owner
and developer during the drafting of the rehabilitation plans. If
a property owner wishes to take advantage of the federal tax
incentive program, the local Historic preservation Officer can
provide details on eligibility for the federal tax credits.
The following Standards are to be applied to specific rehabilitation
projects in a reasonable manner, taking into consideration
economic and technical feasibility.
1. A property shall be used for its historic purpose or be placed
in a new use that requires minimal change to the defining
characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and
preserved. The removal of historic materials or alteration
features and spaces that characterize a property shall be
avoided.
3. Each property shall be recognized as a physical record of its
time, place and use. Changes that create a false sense of
historical development, such as adding conjectural features
or architectural elements from other buildings, shall not be
undertaken.
4. Most properties change over time; those changes that have
acquired historic significance in their own right shall be
retained and preserved.
5. Distinctive features, finishes and construction techniques
or examples of craftsmanship that characterize a historic
property shall be preserved.
6. Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires
replacement of a distinctive feature, the new feature shall
match the old in design, color, texture, and other visual
qualities and, where possible, materials. Replacement of
missing features shall be substantiated by documentary,
physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials should not be used.
The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8. Significant archeological resources affected by a project
shall be protected and preserved. If such resources must
be disturbed, mitigation measures shall be undertaken.
9. Newadditions,exterioralterations,orrelatednewconstruction
shall not destroy historic materials that characterize the
property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and
architectural features to protect the historic integrity of the
property and its environment.
10. New additions and adjacent or related new construction
shall be undertaken in such a manner that if removed in the
future, the essential form and integrity of the historic property
and its environment would be unimpaired.
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For any questions regarding the information in these guidelines, please contact:
JULIE GLOVER
CITY OF DENTON
HISTORIC PRESERVATION OFFICER
215 E. MCKINNEY
DENTON, TX 76201
940-349-7732
940-349-7806 FAX
jjulie.glover@cityofdentonj.com
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�,���a�i�����: Caparoon Photography
II t<;mr.�f�;r -;"'»: Caparoon Photography
II t<;mr.�fr;; �% Shannon Drawe Photography
II t<;mr.�fr;; �l;;x„ Shannon Drawe Photography
II t<;mr.�f�;; %;;"u Caparoon Photography
Minutes
Historic Landmark Commission
November 13, 2017
The Historic Landmark Commission of the City of Denton, Texas convened in Work Session on
Monday, November 13, 2017 at 5:30 p.m. in the City Council Worlc Session Room at City Hall,
215 E. McKinney Street, Denton, Texas at which time the following items were considered:
PRESENT: Chair Peggy Riddle Commissioners: Kenneth Williamson, John Morris,
Alyssa Stevenson, and Roy Anderson.
ABSENT: Vice-Chair Deb Conte. Commissioners: Helen Bailey, Scott Campbell,
and Daniel Abasolo.
STAFF: Richard Cannone, Scott McDonald, Ron Menguita, Roman McAllen, Trey
Lansford, and Athenia Green.
WORK SESSION
l. Receive a report and hold a discussion regarding Conflicts of Interest, the Texas Open
Meetings Act, and meeting procedures pertaining to serving on a commission. (Victor Flores,
Deputy City Attorney)
The Work Session Item was postponed to a future date, in order to allow more Commissioners to
be present.
Following the completion of the Worlc Session, the Historic Landmarlc Commission convened in
a Regular Meeting of the Historic Landmarlc Commission in the City Council Work Session
Room, 215 E. McKinney at which time the following items were considered:
REGULAR MEETING
Chair Riddle called the Regular Meeting to order at 5:31 p.m.
l. PLEDGE OF ALLEGIANCE:
A. LT.S. Fla�
B. T'�xas Fla�
2. CONSIDER APPROVAL OF THE HISTORIC LANDMARK COMMISSION
MINUTES FOR:
A. C�c�c�b�r 9, 2017
Commissioner Alyssa Stevenson motioned, Commissioner Kenneth Williamson seconded to
approve the meeting minutes. Motion approved (5-0). Chair Peggy Riddle, "aye", Commissioner
Kenneth Williamson, "aye", Commissioner John Morris, "aye", Commissioner Alyssa
Stevenson, "aye", and Commissioner Roy Anderson, "aye".
3. ACTION ITEMS:
A. Hc�ld a�ublic ����in� and cc�ilsid�r an at��lica�ic�i1 fc�r a��r�ifica�� c�f
���ria��n�ss, in accc�rdanc� wi�11 S�c�ic�i135.219.d., �c� 11av� a�ural �ain��d c�i1
�11� buildin� lc�ca��d a� 122 Nc�rt11 Lc�cus� and �c� c11an�� a dc�c�r c�i1 �11� frc�il� c�f i11�
sa�� buildin�. T'11� si�� is ��n�rallv lc�ca��d c�i1 �11� sc�u�ll�as� cc�r�l�r c�f Eas� C�al�
and Nc�rt11 Lc�cus�. (�C��17�0010_ 122 Nc�rt11 Lc�cus�_ T�c��an fi�c�ll�nl
Roman McAllen, Historic Preservation Officer, provided a brief presentation regarding the item.
He stated the applicant will provide a full presentation. Chair Riddle opened the Public Hearing.
Eric Pulido, 1209 Piping Rock Lane, Denton, Texas, provided a presentation regarding the request
and history of the property. The scope of work includes the following: 2,200 square foot mural,
solid wood paneled doors to replace existing doors, repairing wood veneer paneling at building
front, awning replacement, paint fa�ade and window trim to match the mural. The mural theme is
`Band on the Run" to fit with the Bonnie and Clyde story in Denton. The artist is Dan Black, he
resides local, but has done work over the last 10 years from this area, up to Canada.
Commissioner Anderson questioned how long the mural would last before needing repainted.
Pulido stated he is not sure of an exact time, however, they are utilizing higher retention paint and
a clear cote to help preserve the painting.
Dan Black, 703 Gober Street, Denton, Texas, stated the paint is labeled with a lifetime warranty,
it should last approximately 10-15 years.
Commissioner Williamson questioned how long the painting process will talce. Blacic stated
approximately three weelcs. He stated they are considering blocicing off the neighboring parlcing
spaces for safety purposes.
Chair Riddle questioned if the property owner is in favor of this proposal. Pulido confirmed. He
stated they are also present.
There was no further discussion. Chair Riddle closed the Public Hearing.
Commissioner Alyssa Stevenson motioned, Commissioner John Morris seconded to approve this
request. Motion approved (5-0). Chair Peggy Riddle, "aye", Commissioner Kenneth Williamson,
"aye", Commissioner John Morris, "aye", Commissioner Alyssa Stevenson, "aye", and
Commissioner Roy Anderson, "aye".
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4. ITEMS FOR INDIVIDUAL CONSIDERATION:
A. T��c�iv� a r��c�r�,llc�ld a discussic�il and s�l�c� a His�c�ric I'rc���rty c�f �11� fi�c�i1�11.
Roman McAllen, Historic Preservation Officer, provided the three properties nominated for the
month. He stated Property B, 1428 N. Locust, is not currently located within a historic district, he
was glad to see them accept the nomination.
Chair Riddle stated she would recommended Property B since it is not currently within a historic
district. This sets a great example to encourage homeowners to have their houses landmarked.
Commissioner Alyssa Stevenson motioned, Commissioner Kenneth Williamson seconded to vote
for Property B, 1428 N. Locust. Motion approved (5-0). Chair Peggy Riddle, "aye", Commissioner
Kenneth Williamson, "aye", Commissioner John Morris, "aye", Commissioner Alyssa
Stevenson, "aye", and Commissioner Roy Anderson, "aye".
5. HISTORIC LANDMARK COMMISSION PROJECT MATRIX
A. His�c�ric Land�arl� �c���issic�il �rc���c� �a�rix.
Roman McAllen, Historic Preservation Officer, provided a brief update regarding the items that
were added or removed from the project matrix.
Chair Riddle adjourned the Regular Meeting at 6:12 p.m.
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City of Denton
_ . City Ha11
�� � 5 215 E. McKinney Street
tiY
�� �� �" Denton, Texas
www. cityo fdenton. com
DEPARTMENT:
CM:
DATE:
AGENDA INFORMATION SHEET
Department of Development Services
Todd Hileman
October 8, 2018
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding an amendment to a Certificate of
Appropriateness to allow for the continuance of an existing mural around to the front side of the building
located at 122 North Locust. (Roman McAllen)
BACKGROUND
The applicant is seeking to amend COA17-0010 to allow a mural to continue to the front of the building
located at 122 North Locust Street. A COA is required because the building is a locally designated
landmark, per Section 35219.d.
DISCUSSION:
1. Property Appearance Guidelines were adopted in 1997 by the City of Denton to be used for the approval
of renovations and new construction in our downtown core area.
2. The Downtown Core Area, Sign Design Guidelines Section, of the Appearance Guidelines contains a
portion specific to Painted Signs on a Building Surface. The Section states:
The renovation of historic advertising painted directly on building surfaces is encouraged, along
with creation of large-scale murals as a form of public art.
All wall signs and murals should be professionally applied or restored.
OPTIONS:
l. Approval as submitted
2. Approval subject to conditions
3. Deny
4. Continue the item
EXHIBITS
1. Agenda Information Sheet
2. Agenda Information Sheet from Original November 13, 2017 Meeting
3. Rendering of the proposed work
4. Image of Building Today
Prepared By:
Roman McAllen, Assoc. AIA, AICP, CNU-A
Historic Preservation Officer
Reviewed By:
Richard Cannone, AICP
Deputy Director/ Planning Director
Development Services
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Historic Landmark Commission
Meeting Minutes
October 8, 2018
After determining that a quorum was present, the Historic Landmark Commission of the City of
Denton, Texas convened in a Regular Meeting on Monday, October 8, 2018 at 5:30 p.m. in the
Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas, at which the
following items were considered:
PRESENT: Chair Alyssa Stevenson. Commissioners: Helen Bailey, John Morris, Mary
Anderson, Roy Anderson and Kenneth Williamson, Angie Stripling.
ABSENT: Commissioners: Erin Clegg and Katy McBride.
STAFF: Roman McAllen, Jerry Drake, Cathy Welborn and Ron Menguita.
I�.e�lar fi✓Ieeiin�
Chair Stevenson called the Regular Meeting to order at 5:35 p.m.
l. PLET7CIE C7F' �LLECII�NCE
A. LT.S. F'la� B. T'exas F'la�
2. IT'EA✓IS F'C7� CC7NSII7E�AT'IC7N
A. Cc�nsider and a��c�in� a ineinber fc�r �he His�c�ric Landinarl� Cc�ininissic�n �ice�Chair
��Sii1��.
Chair Stevenson nominated Commissioner Bailey for Vice- Chair. Commissioner Baily accepted
the nomination.
Commissioner Mary Anderson questioned how Historic Landmark Commission members are
chosen. Ron Menguita, Principal Planner, requested that the Commissioners to introduce
themselves. The commissioners introduced themselves.
Chair Alyssa Stevenson motioned, Commissioner John Morris seconded to approve the
nomination of Commissioner Helen Baily for Vice-Chair. Motion approved (7-0). Commissioner
Helen Bailey, "aye", Commissioner John Morris, "aye", Commissioner Mary Anderson, "aye",
Commissioner Angie Stripling, "aye", Chair Alyssa Stevenson, "aye", Commissioner Kenneth
Williamson "aye", Commissioner Roy Anderson "aye".
B. Cc�nsider apt�rc�val c�f �he His�c�ric Landinarl� Cc�ininissic�n inee�in� ininu�es.
Chair Stevenson stated the approval of the September 10, 2018 Historic Landmark Commission
meeting minutes will have to be postponed to the next meeting due to the absence of a quorum
composed of Commissioners who were present at that meeting.
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Commissioner Alyssa Stevenson motioned, Commissioner Roy Anderson seconded to postpone
the September 10, 2018 meeting minutes. Commissioner Helen Bailey, "aye", Commissioner John
Morris, "aye", Commissioner Mary Anderson, "aye", Commissioner Angie Stripling, "aye", Chair
Alyssa Stevenson, "aye", Commissioner Kenneth Williamson "aye", Commissioner Roy
Anderson "aye".
C. �eceive a re�c�r�, hc�ld a discussic�n, and �ive s�aff direc�ic�n re�ardin� an ainendinen� �c�
a Cer�ifica�e c�f �� rc� ria�eness �c� allc�w fc�r �he cc�n�inuance c�f an exis�in� inural arc�und
�c� �he frc�n� side c�f �he buildin� lc�ca�ed a� 122 Nc�r�h Lc�cus�.
Roman McAllen, Historic Preservation Officer, presented Item for Individual Consideration 2C.
McAllen stated the applicant is seeking to amend COA17-0010 to allow for painting a continuation
of the existing mural to the front and south side of the building located at 122 North Locust Street.
McAllen explained that in fact the mural was painted over the weekend, because the applicant had
access to large expensive piece of equipment that could be used to complete the work onsite, which
he had been using to do maintenance painting on the Texas Building.
McAllen stated the first Certificate of Appropriateness (COA) was approved by the Historic
Landmark Commission on November 13, 2017.
Commissioner Williamson questioned if the mural extends to the front of the building or if it is
still blank McAllen stated the mural was extended over the past weekend to the front and south
side.
26 Commissioner Stripling asked if there is a difference with respect to code between paint on a
27 building and a muraL McAllen explained that at this time there is not and he stated that he feels
28 from a preservation point of view this is just paint. Further that we will have an opportunity to
29 address this in the upcoming public input portion of the final code revisions.
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31 Commissioner Bailey questioned what authority the Historic Landmark Commissioner has since
32 the ordinance for the square has not been passed. McAllen stated that this particular building is a
33 designated local landmark, therefore the Historic Landmark Commission has purview.
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The following individual spoke on this item:
Eric Pulido, 1209 Piping Rock Lane, Denton, Texas 76201. Supports the request.
Eric Pulido, the applicant, presented a slide show regarding the building history and project. He
stated that there were cracks filled when the large mural was painted and that the objective was to
enhance Denton's unique sense of place. He presented other murals on historic buildings in
Denton and Pulido reminded the commission that the artist is Dan Black who has done other
significant work in Denton. He explained the mural's theme and indicated that the objective of
the COA amendment is to complete the piece.
Commissioner Morris expressed that he feels if Mr. Pulido had brought the amendment to the HLC
prior to painting it, it would have been approved.
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Commissioner Bailey asked Pulido if the amendment to COA17-0010 is not approved, would he
be able to find the resources to put the front of the building back to the way it was. Pulido stated
yes he would be able to find the resources.
Commissioner Williamson asked why the original COA did not call for painting the entire mural.
Pulido explained that after painting it on the one side, he and the muralist realized that painting the
rest would finish the vision and the piece as a true art piece.
Attorney Drake asked McAllen to clarify what the standard is that should be applied in this
situation. Mr. McAllen explained the City of Denton does not have a law requiring the application
of The Standards in our Nationally Registered District, but the City has Property Appearance
Guidelines, that have been used for review.
Chair Stevenson closed Item of Consideration 2C.
Commissioner Bailey stated that there are no murals on the front facing facades on the square,
though they are found on the sides of buildings and they do bring life to the areas.
Commissioner Stripling stated she agrees with Commissioner Bailey and when the Commission
looks at restoring they should look at restoring as close to original facades to minimize distraction
and to allow the buildings to keep their historic character. The commissioner also expressed
concern for the work being done before a COA was approved.
Commissioner Mary Anderson agreed with Commissioner Bailey and Commissioner Stripling that
the sides are okay, but not the front
Commissioner Williamson stated he agrees with the other Commissioner's and the mural on the
front fa�ade does not seem appropriate.
3o Chair Stevenson stated she appreciates the continuation of the mural and that paint does not change
31 a structure. Further, wrapping the mural around the building makes it an art piece; she feels the
32 changes are not permanent and therefore are fine.
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34 Commissioner Anderson stated that he feels the owner should be able to paint it in this way, since
35 the building is already painted and that he would feel differently if it were unpainted brick, which
36 it is not.
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38 Commissioner Morris asked for clarification regarding whether there is a regulation stating
39 specifically that you cannot paint a mural on a building. Chair Stevenson stated that the property
4o appearance guidelines state that the painting of murals is encouraged as a form of public art.
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42 Ron Menguita, Principal Planner, stated the City of Denton Guidelines are used to guide
43 development. There was discussion of the difference between advertising and murals.
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McAllen reviewed the criteria for denial specified in the ordinance. Commissioner Bailey
expressed that her opinion is that a mural on the front fa�ade of this building does adversely affect
the external features of the landmark.
Commissioner Stripling motioned, Commissioner Williamson seconded, to deny item 2C, the
amendment to the COA. Commissioner Baily offered a friendly amendment, Commissioner
Morris seconded, that the denial only apply to the west face. Motion to amend approved (5-2).
Commissioner Helen Bailey, "aye", Commissioner John Morris, "aye", Commissioner Mary
Anderson, "aye", Commissioner Angie Stripling, "nay", Chair Alyssa Stevenson, "aye",
Commissioner Kenneth Williamson "nay", Commissioner Roy Anderson "aye".
There was discussion of side facing murals, such as the ones on Evers. Commissioner Stripling's
motion was then approved (7-0). Commissioner Helen Bailey, "aye", Commissioner John Morris,
"aye", Commissioner Mary Anderson, "aye", Commissioner Angie Stripling, "aye", Chair Alyssa
Stevenson, "aye", Commissioner Kenneth Williamson "aye", Commissioner Roy Anderson "aye".
17 Commissioner Bailey then motioned, Commissioner Morris seconded, to approve a COA
18 amendment to allow for the mural on the south face of the building. Motion approved (4-3).
19 Commissioner Helen Bailey, "aye", Commissioner John Morris, "aye", Commissioner Mary
20 Anderson, "aye", Commissioner Angie Stripling, "nay", Chair Alyssa Stevenson, "aye",
21 Commissioner Kenneth Williamson "nay", Commissioner Roy Anderson "aye".
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D. �eceive a ret�c�r�, hc�ld a discussic�n, and �ive s�aff direc�ic�n ree,ardin ,�he ut�da�e �c� �he
His�c�ric Preserva�ic�n Plan and hear a�resen�a�ic�n frc�in �he Lal�c��a Crrc�u�
Nick Kalogeresis and Siraj Asfahani with the Lakota Group, provided an introductory presentation
and how they go about updating Historic Preservation Plans.
Commissioner Bailey asked what sort of data Lakota will be collecting. Kalogeresis stated they
will be looking at everything that has been done before: all the survey work, NR nominations,
local nominations, and all community plans that are relevant, including comprehensive plans and
economic development programs along with GIS data that will help do the analysis. Further, that
stakeholder interviews will be done in December.
E. F� eceive a ret�c�r�, hc�ld a discussic�n and selec� a His�c�ric Prc�t�er�v c�f �he A✓Ic�n�h.
Roman McAllen, Historic Preservation Officer, requested the Historic Landmark Commission to
select a Historic Property of the month. The commission voted for 1003 West Oak Street for
Historic Property of the month.
F. His�c�ric Landinarl� Cc�ininissic�n t�rc��ec� ina�rix.
43 Commissioner Mary Anderson requested clarification on what abilities the Historic Landmark
44 Commission has for enforcing penalties for violators. Roman McAllen, Historic Preservation
45 Officer stated he would add the item to the matrix.
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1 3. CC7NCLLTI7INC1 IT'EA✓IS
3 Roman McAllen, Historic Preservation Officer, presented an award of inerit from the Texas
4 Historical Commission to Commissioner John Morris.
6 Chair Stevenson closed the Historic Landmark Commission meeting at 7:47 p.m.
To Whom It May Concern:
I am writing in regards to an appeal for a denied COA Amendment (COA17-
0010) pertaining to the completion of the previously approved large-scale mural on
the building located at 122 N. Locust (approved by HLC on 11/13/17). The original
COA called for paint to be applied to the North, East and West facing facades with
the mural being featured on the North and East facades. The amendment proposed
completion of the mural to extend around the remainder of the building, thus
creating consistency while tying in the original vision of the artist and building
owner. With new HLC members and a re-engagement on the topic, a vote was
passed to approve the South facing facade art while denying the West facing fa�ade's
art. In addition to discrepancies with this decision and city guidelines, excluding the
West fa�ade's art would not only compromise the 360 degree cohesiveness of the
full building art piece, but it places an unequal value on one side of the building over
the others when all sides are either partially or completely in the public view in and
around downtown and should be held to the same standards. The reason for the
decision by HLC was based on city code section 35.7.6.8.E.1 & 2 stating denial is
supported if the work would have an adverse effect on:
1) the external architectural features of the landmark; and
2) the external architectural features of the properties in the block or historic
district as a whole
The work in question, both previously approved (unanimously) and proposed, does
not compromise or affect the architectural features, as the structure itself was not
altered. If anything, the addition of high-grade paint would serve as a protection to
the architectural features therein. Furthermore, the addition of such work is actually
encouraged by the city's property appearance guidelines as stated:
The renovation of historic advertising painted directly on the building
surfaces is encouraged, along with the creation of large-scale murals as a
form of public art.
All wall signs and murals should be professionally applied or restored.
Based on these elements, staff has encouraged approval and discussion respectively
on this large-scale mural project. It fits completely in line with the city's vision and
adheres to the conditions that apply to a designated structure in the downtown
area. I respect the Historic Landmark Commission, as I myself served for over 6
years on this advisory board, but feel that the decision does not reflect that of which
the city code supports and instructs. The purview of the HLC should remain within
these guidelines and when inconsistencies or questions arise, as proven in this case,
I trust that due process, the experience and insight of our city officials, as well as
reason will apply to reflect a prudent decision. I would appreciate any further
opportunity to share the details of this project and why it's presence only serves to
uphold the appreciation of history and art in our great city of Denton, TX.
With Gratitude,
Eric Pulido
1209 Piping Rock Ln
Denton, TX 76205
940.368.1264
nycpulido@hotmail.com
2016 — Prior to any improvements
2018 — Prior to fa�ade being painted
2018-Oct. with mural painted on front and doors replaced
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
��������'���
File #: ID 18-1950, Version: 1
Legislation Text
AGENDA CAPTION
Consider approval of a resolution of the City of Denton, adopting the City of Denton's 2019 State Legislative
Program for the 86�h Texas Legislature; and providing an effective date.
City of Denton Page 1 of 1 Printed on 11/21/2018
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City of Denton
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www. cityo fdenton. com
DEPARTMENT:
CM/ DCM/ ACM:
DATE:
AGENDA INFORMATION SHEET
Public Affairs / IGR
Bryan Langley, Deputy City Manager
November 27, 2018
SUBJECT
Consider approval of a resolution of the City of Denton, adopting the City of Denton's 2019 State
Legislative Program for the 86�h Texas Legislature; and providing an effective date.
BACKGROUND
The City of Denton prepares for each state biennial legislative session by developing a legislative program
that, when adopted by City Council, conveys the City's position on substantive issues to state elected
officials. The program also provides staff direction and guidance on how to position the City when bills are
filed that either positively or negatively impact the City's interests. Over the past few months,
Intergovernmental Relations (IGR) staff initiated the process of developing the legislative program by
meeting with City departments to understand potential legislative issues, preparing position statements for
Council consideration, working with our legislative consultants to develop a legislative work plan that meets
the needs of the City, and developing a draft legislative program for Council discussion and consideration.
DISCUSSION
On Jan. 8, 2019, the State of Texas 86�h Legislative Session will convene in Austin, with early bill filing
beginning in Nov. 2018. As such, IGR staff have started the process to develop the City's 20191egislative
program. The legislative program is the City's primary state legislative policy document, states the City's
official position on legislative issues, and directs what level of action the City will take as bills are filed and
considered.
As has been noted in previous legislative sessions, the issue of local control (in other words, the ability of
cities to govern their communities at the local level) will likely be a focal point in the upcoming legislative
session. And, as a full-service city, there are numerous issues and bills which can have an impact on City
operations, both positively and negatively. To develop position statements that cover the most important
issues facing the City, the legislative program is developed through coordinated efforts among City
departments and in coordination and consultation with our legislative consultants, Focused Advocacy, and
the Texas Municipal League.
To begin the development process for the 2019 legislative program, IGR staff completed a review and
recommended updates based on the 2017 legislative program. Additionally, Mayor Watts and IGR staff
attended the TML Policy Summit in Austin on Aug. 23-24, 2018. Staff ha�e also been engaged in ongoing
discussions with Focused Advocacy about potential issues and City positions based on the interim charges
and ongoing legislative discussions throughout 2018. To gain a better understanding of potential issues,
concerns, or legislative needs, IGR staff and Focused Advocacy met with City departments to review drafts
of the legislative program and discuss possible positions on policy issues. Additionally, Mayor Watts serves
as the City's representative on the TML Resolutions Committee which met and finalized the TML
legislative program on Oct. 11, 2018. Focused Advocacy and staff presented information and a draft
Program for Council at the Nov. 5 City Council Luncheon.
Summarv of the 2019 Le�islative Pro�ram
The draft 2019 State Legislative Program summarizes the City's policy and defines the City's position on
potential legislative issues. The Program also provides direction to staff in how to respond to proposed and
filed legislation during the legislative session. The Program is divided into several key issue areas: General
Government, Revenue and Taxation, Land Use and Resources, Utilities, Transportation, Public Safety and
Municipal Court, Community Development and Human Services, Economic Development, and
Partnerships.
Within each issue area, the Program includes a position statement on priority issues that are likely to be
considered during the 86�h legislative session. Each position statement is either a statement of support or
opposition, which indicates the City's position on that given issue. A support or opposition statement guides
staff in how to provide comment or respond to potential legislation while it is being considered. Because it
is difficult to anticipate every issue that will come before the Legislature, there are general position
statements in each issue area.
Updates as a result of Citv Council Direction
As a result of Council direction, the following items have been added to the draft Program since the draft
was presented at the Council work session on Nov. 5 in the Transportation section:
• Seek introduction and passage of legislation to change the composition, powers, and responsibilities
of the Board of Directors for the Denton County Transportation Authority.
• Support legislation that allows regional infrastructure planning organizations to use alternative
funding mechanisms (public-private partnerships, tolled lanes, etc.) to accelerate project delivery.
In addition, IGR staff discussed possible additions with Chief Dixon. At this time, Chief Dixon did not have
any items to add to the Program.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
• An informal staff report (ISR 2018-129) was provided to City Council on Sept. 21, 2018.
• A work session was held during the Nov. 5, 2018 City Council Work Session.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.6 Collaborate with local, regional, state, and federal partners
EXHIBITS
Exhibit 1— Agenda Information Sheet
Exhibit 2— Draft Legislative Program
Exhibit 3 — Resolution
Exhibit 4 — Presentation
Respectfully submitted:
Sarah Kuechler
Director of Public Affairs
Jessica Rogers
Deputy Director of Public Affairs
Reviewed by Legal:
Stephanie Neal
Assistant City Attorney
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.....II�...� ������� � �
2019 State Legislative Program
for the
86t" State Legislative Session
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Chris Watts
Mayor
Ch ris.Watts@cityofdenton.com
Gerard Hudspeth
District 1
Gerard.Hudspeth@cityofdenton.com
John Ryan
Mayor Pro Tem � District 4
1ohn.Ryan@cityofdenton.com
Keely G. Briggs
District 2
Keely.Briggs@cityofdenton.com
Deb Armintor
At Large Place 5
Deb.Armintor@cityofdenton.com
I/
Don Duff
District 3
Don,Duff@cityofdenton,com
Paul Meltzer
At Large Plage 6
Paul.Meltzer@cityofdenton.com
Copy of Resolution
3
General Legislative Policy
Statement of Purpose
The fundamental goal of the City's legislative activities is to produce positive outcomes for the citizens
of Denton as a whole. Numerous proposals in the Texas Legislature have the potential to seriously
impact the ability of the City to carry out its overall mission. By taking a proactive role in monitoring
and commenting on proposals in the Texas Legislature, we are working to ensure that the citizens of
Denton can continue to enjoy the quality of life they have come to expect and deserve.
Statement of Preservation
As a general policy, the City will oppose any legislation viewed as detrimental to the
City's strategic goals; that limits home rule authority; is contrary to the health, safety,
and welfare of its citizens; mandates increased costs or loss of revenues; or diminishes
the fundamental authority of the City.
The City will oppose any initiatives that seek to erode municipal authority or that otherwise have a
negative impact on municipal operations, including but not limited to legislation that would:
• Erode home rule authority;
• Detrimentally affect the City's financial position by reducing revenue streams or increasing costs
through unfunded mandates or other means;
• Erode the authority of Texas cities to manage and control their rights-of-way or other public
property, and to be reasonably compensated for such use;
• Erode current municipal economic development authority;
• Erode the current authority of Texas cities to enact a system and set the level of impact fees for
new development; and
• Further restrict cities' ability to adopt or amend zoning regulations or annex property in their
extraterritorial jurisdiction.
Statement of Support
The City supports any legislation that would advance the City's strategic goals and interests; improve
the health, safety, and welfare of its citizens; and responsibly increase revenues.
Form Coalitions
The City will form strategic partnerships with other cities, political subdivisions, private sector and
non-profit entities, and other appropriate stakeholders that share common goals with the City of
Denton. Additionally, the City will work in coordination with organizations such as the Texas Municipal
League, when their adopted positions are in line with the legislative objectives and goals of the City.
The formation of strategic partnerships and coordinated efforts is intended to provide the City with a
stronger presence in the legislative process.
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General Government
We will work to protect Denton residents' right to govern themselves and work with their local
government and local elected officials to make decisions about their community at the local level.
To accomplish this goal, we will:
• Support legislation that supports or advances the principle of local control to allow for locally elected
officials to make decisions that are beneficial to the interests of City residents or that are otherwise
beneficial to the City's interest.
• Oppose state preemption of municipal authority in regulation of payday lenders, unless the proposed
legislation provides adequate protections from aggressive, predatory, deceptive, and harmful lending
practices.
• Support legislation that improves government transparency, so long as such legislation does not
create legal confusion, duplicate existing disclosure requirements, or cause an undue burden as an
unfunded mandate to the City.
• Oppose legislation that would increase state regulation of local ballot language.
• Support legislation that heightens environmental standards, improves air and water quality, and
protects the health, safety, and welfare of Texans, so long as it does not create an undue burden
on the City.
• Support continued funding of the Texas State Library and Archives Commission.
Revenue and Taxation
We will work to protect the ability of the City's elected governing body to set its own budget, raise the
revenue necessary to provide services to City residents and businesses, and effectively respond to the
needs of the Denton community. To accomplish this goal, we will:
Oppose legislation that would impose a revenue cap or tax cap, lower the rollback rate, or otherwise
restrict the City's ability to fund the necessary programs and services, including legislation that would
erode the ability of a city to issue debt or place limits on the City's overall expenditures.
Support legislation that would improve the appraisal process to ensure equal and uniform application
of property taxes.
Support legislation that expands the collection of city sales taxes or the sales tax base, so long as the
city tax base receives the full benefit from the expansion.
Economic Development
We will continue to support access to economic development tools that expand our tax base, bring jobs
to our community, and support businesses and industries that have chosen to locate in Denton. To
accomplish this goal, we will:
Support legislation that would extend the sunset date of Chapter 312 of the Texas Tax Code to allow
for the continued use of property tax abatements.
Introduce and seek passage of legislation that enables the creation of a Tourism Public Improvement
District (TPID),
Support legislation that would continue or expand funding of the Skills Development Fund of the
Texas Workforce Commission to promote workforce training.
5
Land Use and Resources
We will work to protect the City's ability to regulate growth and land development, promote good land
use, and manage development within the city limits and our extraterritorial jurisdiction. To accomplish this
goal, we will;
• Support legislation that preserves property value for Denton taxpayers by protecting the City's
authority to promote good land use through: land use and zoning regulations (including billboard
regulations, tree, and landscape regulations), building and property maintenance codes (including
in ETJ), planning requirements, impact fees, building permit fees, annexation, or eminent domain.
• Oppose legislation that would restrict the ability of cities to impose and collect municipal impact fees
from new developments at time of platting.
• Oppose legislation that would reduce a municipality's authority and discretion to approve the creation
of a special district within a city's incorporated area or ETJ, including but not limited to the expansion of
a district's boundaries or powers.
• Oppose legislation that would restrict cities' ability to adopt or amend zoning regulations or the
applicability of those regulations to existing projects, including but not limited to the creation of any
property rights or vesting in a zoning and use classification or any restrictions regarding downzoning.
• Support the preservation of municipal authority to reduce the effects of oil and gas development on city
residents or legislation that would enhance local regulations related to oil and gas operations.
• Oppose legislation that would erode local control or existing authority and regulations of gas well
operations as articulated in HB 40 (84th Legislature).
• Support legislation that would allow cities to enact ordinances regulating zoning and development free
from exception/exemption, including but not limited to imposing limitations on the availability of the
Freeze Law under Chapter 245 of the Texas Local Government Code.
• Oppose legislation that would restrict a municipal government's ability to regulate short-term lodging
rentals from online listing platforms.
Public Safety and Municipal Court
We will continue efforts to ensure the safety of our residents and administer efficient and effective
municipal court operations. To accomplish this goal, we will:
• Oppose legislation that would impose additional state fees or costs on municipal court convictions or
require municipal courts to collect fine revenue for the state; and support legislation that would provide
a more equitable distribution of court fines, resulting in a higher percentage of fines being kept local,
where the laws are enforced, the court is held, and the fines are collected.
• Support legislation that would require 100 percent reimbursement of costs incurred by cities for
services provided during emergency evacuation and shelter operations resulting from an emergency
evacuation ordered by the governor or the governor's Division of Emergency Management.
• Support legislation that would clarify regulations related to open carry in municipally owned facilities
that are contractually operated by non-profit or private entities or clarify where open carry is prohibited
in an office building where a municipally owned court or a correctional facility is located.
• Oppose legislation that would restrict a city's authority to determine the appropriate use of technology
in public safety, such as the use license plate readers by law enforcement agencies.
• Oppose legislation that would prohibit use of Association Business Leave by authorized public safety
Association members, as provided in existing meet and confer agreements.
i
Utilities
We will work to protect our ability to manage our utilities, rights-of-way, and publicly owned land and
maintain our authority to make decisions about how our utilities are governed, funded, and operated. To
accomplish this goal, we will:
• Oppose legislation that would deregulate municipally owned utilities (MOUs) or amend their
governance authority or structure.
• Support legislation that preserves the ability of MOUs to maintain a diversified energy portfolio.
• Oppose legislation that would extend electric subsidies provided by MOUs to four-year state
universities, upper level institutions, Texas state technical colleges, or other special groups.
• Oppose legislation that would restrict MOUs from building transmission infrastructure outside their
service area.
• Oppose legislation that would diminish a MOU's ability to maintain the reliability of the electric utility
system and protect the safety of employees by allowing wireless communication facilities and antennas
to be mounted on utility poles in a manner that disregards best engineering practices, safety codes, or
the judgement of electric utilities.
• Oppose legislation that provides any further exemptions to the drainage fee.
• Oppose legislation that would impose state "tap fees" or any other type of state charge on municipal
water systems.
• Support legislation that would raise the exemption amounts for public works projects in the Texas
Engineering Practices Act,
• Oppose any legislation that would limit or prohibit a city's ability to make and sell compost or mulch
products inside and outside of the city limits.
• Oppose legislation that would further erode the City's authority to be adequately compensated for any
use of its rights-of-way or that would further erode the City's authority over the management and
control of its rights-of-way.
• Oppose any legislation that would erode the City's authority to require utility companies to pay the costs
of relocating their facilities in a timely manner as required by current law.
Community Development and Human Services
We will work to encourage expansion of the support and human services to the Denton community,
including access to affordable housing, social support for addressing homelessness and mental health
issues, and education. To accomplish this goal, we will:
• Support legislation amending Section 11.1825 of the Tax Code by adding that community housing
development organizations (CHDOs) must receive an exemption from taxation from any affected
municipality prior to receiving a tax-exempt status from the local property appraisal district.
• Support legislation that would provide additional state funding for local and regional initiatives related
to reducing the number of homeless persons and those at risk of homelessness in our community.
• Support legislation that would provide state funding to assist local non-profits in providing adequate
and coordinated mental health services throughout Denton County.
• Support legislation that would provide funding for Early Childhood Programs, including full-day service
pre-kindergarten programs.
• Support legislation to increase transparency and clarify regulations related to the formation of public
facility corporations.
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Transportation
We will continue efforts to improve and enhance the mobility and transportation system throughout the
state, region, and within the City of Denton, including advocating for increased funding and pursuing
collaborative and innovative solutions. To accomplish this goal, we will:
• Seek introduction and passage of legislation to change the composition, powers, and responsibilities of
the Board of Directors for the Denton County Transportation Authority,
• Support legislation that allows regional infrastructure planning organizations to use alternative funding
mechanisms (public-private partnerships, tolled lanes, etc.) and to accelerate project delivery.
• Support legislation to identify additional transportation revenue to enhance statewide and regional
transportation infrastructure, or that would provide metropolitan areas with flexible solutions to solve
problems and ensure that areas contributing to transportation solutions will not be penalized with a loss
of traditional transportation funding.
• Support (egislation and funding for the 35Express, 35W, 35N to Red River, and Loop 288 projects.
• Support legislation that would index the motor fuels tax to reduce the decline in purchase power of
transportation funding.
• Support legislation that would provide state funding to support active transportation projects for
bicycles and pedestrians.
• Support legislation that would fund a new or improved driver license facility in Denton County and
enhance customer service provided by the Department of Public Safety for driver license services.
Partnerships
We will continue to support of local, regional, and state partners in meaningful ways that benefit the
Denton community. To accomplish this goal, we will:
• Support legislation that directly benefits UNT, TWU, and Denton ISD, if such proposals do not adversely
affect the City's interest.
• Oppose legislation that would further reduce funding to Denton ISD, if such proposals do not adversely
affect the City's interest.
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TDD: (800) 735-2989 • www.cityofdenton.com
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Legislation Text
File #: ID 18-2054, Version: 1
AGENDA CAPTION
Consider approval of a resolution of the City Council of the City of Denton, Texas, to remove the City of
Denton's primary representative to the Denton County Transportation Authority Board of Directors; and
providing an effective date.
City of Denton Page 1 of 1 Printed on 11/21/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City of Denton
City Ha11
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www.cityofdenton.com
DEPARTMENT:
ACM:
DATE:
AGENDA INFORMATION SHEET
City Manager's Office
Mario Canizares
November 27, 2018
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas, to remove the City of
Denton's primary representative to the Denton County Transportation Authority Board of Directors; and
providing an effective date.
BACKGROUND
On March 20, 2018, the Denton City Council approved Resolution 18-329 reappointing Richard Huckaby
as the City of Denton's primary appointee to the Denton County Transportation Authority (DCTA) Board
of Directors. Mr. Huckaby's current term is scheduled to last through November 12, 2019.
Mr. Huckaby was recently quoted in the Denton Record Chronicle that he would likely oppose proposed
DCTA board reforms that are a part of the City of Denton's 2019 State Legislative Program for the 86�h
Legislative Session (attached as Exhibit 3).
The Mayor requested that this item be placed on the November 27, 2018 meeting agenda so as to allow City
Council to discuss Mr. Huckaby's continued service on the DCTA board based on his recent comments,
and, should it desire to do so, to consider removing Mr. Huckaby from his DCTA Board seat.
Should the City Council decide to proceed with formally removing Mr. Huckaby as the City of Denton's
primary DCTA Board representative, a work session would be scheduled in early December to discuss
candidates for nomination followed by an action item to approve the nomination of a new primary board
representative. Donna Bloom was appointed as the City of Denton's alternate representative to the DCTA
Board on Apri13, 2018. However, Ms. Bloom recently resigned her position, therefore, there is a possibility
that Denton would not have a DCTA representative until a new primary and/or alternate representative is
appointed.
The next DCTA Board meeting is scheduled for Thursday, December 13, 2018. Staff recommends
scheduling a work session on December 3 to discuss nominations followed by Council action on December
4 to ensure a new primary board representative is in place prior to the December 13 DCTA Board meeting.
OPTIONS
l. Approve resolution to remove Richard Huckaby as the City of Denton's primary DCTA Board
representative and direct staff to schedule a work session to consider nomination for a new primary
board representative.
2. Take no action. Current representatives may continue to serve.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
Organizational Excellence
1.6 Collaborate with local, regional, state, and federal partners
1. Agenda Information Sheet
2. Proposed Resolution
3. City of Denton 2019 State Legislative Program for the 86�h State Legislative Session
4. DCTA Bylaws
Respectfully submitted:
Rachel Wood
Chief of Staff
C:\Users\25548p8\Oesktop\Exhibit 2- Resolution.docx
IZE;SOLUT[QN 1�1(7.
� ft:f�SOI.,iJ'I'IC)N OF TNE C[T"Y C"C)UNCIL OI� T1-IF' CI'I'Y OF DEN'1'C�i�1, 7'E;XAS, 'i'O
REMOVE T"I-�E CITY OI' D�;N�I'ON'S I'RIMAEtY RET'RESti:NTA"['IVE 'I'U 7,1-�E DEN�I'(7N
COtJI�JrI'Y Tf2ANSE'OFtTATION A[J7,E�ORI"I'Y I30Af�D (JF DIR�:GTOF�S; AND PROVIL7ING
A1'�I F:F'FC;CTIVE DATr.
WI-1F;RF;AS, Se;ct�iat� 46(�.054(b)(�1�) of"the Transportatic7n C"ode a�itl7ariz�,s the� gavernir��
bady a�f tl�e C,�iCy c7f I7ent�n t�� ap}aai�7t c�ne Ynenlber ic� the I3c�ard c�f I)ir�;c�tc7rs (the "Authority
f�oarc�°°) o�f th�; I�e�n�ton C<7t�l�ty Tr�nsp«rta�tiar7 Authority (thc� "AutharitY")�
WIiE��Et�S, Rict7ai�c� �-lucka�y is t1�� City a�f D�1�t��t7's ctal�rent A��rt�lc�rity F3oarc�
r�pr�.s�:�ltativ�, w�rvi��,� a teri�t� tc� e�x�ire o�►7 N�>v�rr�l�er 12, 201 �; ar7d
WNER.E;AS, tl7e i7entc7i7 City �'c>Litic�il has de;cid�;d t<7 ren7ove Mr. 1��uckaby frc7in l�i�
Autlzcrrity E3oarc� a�p��rointzn���t and wi11 c�msider t�tze nc»ninati�m c�iG� rzew �rirr�ary re.pr-esenta�t�ive at
a futul-� aneetin,� c7�f th�; City Cour7cil. 1`�)OW, T"HEf�F;F�OI�E,
�I,I�F? COCJNCIL Of� "I"1-IE CI7"Y C7F' UF;N7'(�N HI;[iI;F3Y t2F;S01_,VES:
S�C��"I'iC)�I`� 1. "1"hc� f�indings a�7d r�citatic7t�s c�7ntain�,c� in the preanlbl�; c�f t�his Resc7lutic�n
ar� ir�cr,r�rc�rated 17�rein �,y referencc.
SF;C.,TIO�I'�I 2. F�.ichard I�Iuckaby is h�reby r�z7�aved froi7� his app<>intmerlt as a member tc�
the Autl�ority Baarcl serving �is � r�,pr�sea�tative fc�r th� City c7f L7ent��n, 7�'exas.
S�?C"1'I(7N 3. "T"he�� C�ity Ma�7�x�er is h�;reby al�t}7orizer� tc� ser7d a certified cc�py af this
�te��lutic�n tc7 appr°4��ri��t� c��ffi�;ials c7f th�; Authority.
SEC7�'IO�N 4. �,11 previa�,is i�escrl��t�ior�s a�ad c>rders ar p��rts �f resc�luticros c>1° ord�rs in f�rce
when t�l��; }�r�ivisic7ns of`ihis Re�crlution k�ecame �f'fective wl7ich are inccrosistent c�r in c�n{lict with
t17e teez�ns c�r prc�visic7t�s c�ntained in this IZesc�lu�lion are; h�;reby re�eale� to t�l�e� eYtent of' any such
cc�nflict.
SEC:TI(JN 5. This I2��solu��i�7n shall bec«t�nc� effectiv�, im���ediately u�c�t7 its �rassage 4znc�
�zpprc�val.
f'�1SSE,I7 ANll �AP�'IZUVEI7 this t}7e day of , 2018.
C;���I�IS W�A�["I"�, N1AY(7R
ATTF;ST".
JENNIFCf� WAI:,TF;RS, CITY SL;CFZETARY
£3Y;
AI'I'E2OVLI� AS 'I�C) C.�F;GAL FORM:
AATZC7�I [,F'AL, CITY ATTOI�I�1I�?Y
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2019 State Legislative Program
for the
86t" State Legislative Session
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� V I ��, � `���V I W
Chris Watts
Mayor
Ch ris.Watts@cityofdenton.com
Gerard Hudspeth
District 1
Gerard.Hudspeth@cityofdenton.com
John Ryan
Mayor Pro Tem � District 4
1ohn.Ryan@cityofdenton.com
Keely G. Briggs
District 2
Keely.Briggs@cityofdenton.com
Deb Armintor
At Large Place 5
Deb.Armintor@cityofdenton.com
I/
Don Duff
District 3
Don,Duff@cityofdenton,com
Paul Meltzer
At Large Plage 6
Paul.Meltzer@cityofdenton.com
Copy of Resolution
3
General Legislative Policy
Statement of Purpose
The fundamental goal of the City's legislative activities is to produce positive outcomes for the citizens
of Denton as a whole. Numerous proposals in the Texas Legislature have the potential to seriously
impact the ability of the City to carry out its overall mission. By taking a proactive role in monitoring
and commenting on proposals in the Texas Legislature, we are working to ensure that the citizens of
Denton can continue to enjoy the quality of life they have come to expect and deserve.
Statement of Preservation
As a general policy, the City will oppose any legislation viewed as detrimental to the
City's strategic goals; that limits home rule authority; is contrary to the health, safety,
and welfare of its citizens; mandates increased costs or loss of revenues; or diminishes
the fundamental authority of the City.
The City will oppose any initiatives that seek to erode municipal authority or that otherwise have a
negative impact on municipal operations, including but not limited to legislation that would:
• Erode home rule authority;
• Detrimentally affect the City's financial position by reducing revenue streams or increasing costs
through unfunded mandates or other means;
• Erode the authority of Texas cities to manage and control their rights-of-way or other public
property, and to be reasonably compensated for such use;
• Erode current municipal economic development authority;
• Erode the current authority of Texas cities to enact a system and set the level of impact fees for
new development; and
• Further restrict cities' ability to adopt or amend zoning regulations or annex property in their
extraterritorial jurisdiction.
Statement of Support
The City supports any legislation that would advance the City's strategic goals and interests; improve
the health, safety, and welfare of its citizens; and responsibly increase revenues.
Form Coalitions
The City will form strategic partnerships with other cities, political subdivisions, private sector and
non-profit entities, and other appropriate stakeholders that share common goals with the City of
Denton. Additionally, the City will work in coordination with organizations such as the Texas Municipal
League, when their adopted positions are in line with the legislative objectives and goals of the City.
The formation of strategic partnerships and coordinated efforts is intended to provide the City with a
stronger presence in the legislative process.
0
General Government
We will work to protect Denton residents' right to govern themselves and work with their local
government and local elected officials to make decisions about their community at the local level.
To accomplish this goal, we will:
• Support legislation that supports or advances the principle of local control to allow for locally elected
officials to make decisions that are beneficial to the interests of City residents or that are otherwise
beneficial to the City's interest.
• Oppose state preemption of municipal authority in regulation of payday lenders, unless the proposed
legislation provides adequate protections from aggressive, predatory, deceptive, and harmful lending
practices.
• Support legislation that improves government transparency, so long as such legislation does not
create legal confusion, duplicate existing disclosure requirements, or cause an undue burden as an
unfunded mandate to the City.
• Oppose legislation that would increase state regulation of local ballot language.
• Support legislation that heightens environmental standards, improves air and water quality, and
protects the health, safety, and welfare of Texans, so long as it does not create an undue burden
on the City.
• Support continued funding of the Texas State Library and Archives Commission.
Revenue and Taxation
We will work to protect the ability of the City's elected governing body to set its own budget, raise the
revenue necessary to provide services to City residents and businesses, and effectively respond to the
needs of the Denton community. To accomplish this goal, we will:
Oppose legislation that would impose a revenue cap or tax cap, lower the rollback rate, or otherwise
restrict the City's ability to fund the necessary programs and services, including legislation that would
erode the ability of a city to issue debt or place limits on the City's overall expenditures.
Support legislation that would improve the appraisal process to ensure equal and uniform application
of property taxes.
Support legislation that expands the collection of city sales taxes or the sales tax base, so long as the
city tax base receives the full benefit from the expansion.
Economic Development
We will continue to support access to economic development tools that expand our tax base, bring jobs
to our community, and support businesses and industries that have chosen to locate in Denton. To
accomplish this goal, we will:
Support legislation that would extend the sunset date of Chapter 312 of the Texas Tax Code to allow
for the continued use of property tax abatements.
Introduce and seek passage of legislation that enables the creation of a Tourism Public Improvement
District (TPID),
Support legislation that would continue or expand funding of the Skills Development Fund of the
Texas Workforce Commission to promote workforce training.
5
Land Use and Resources
We will work to protect the City's ability to regulate growth and land development, promote good land
use, and manage development within the city limits and our extraterritorial jurisdiction. To accomplish this
goal, we will;
• Support legislation that preserves property value for Denton taxpayers by protecting the City's
authority to promote good land use through: land use and zoning regulations (including billboard
regulations, tree, and landscape regulations), building and property maintenance codes (including
in ETJ), planning requirements, impact fees, building permit fees, annexation, or eminent domain.
• Oppose legislation that would restrict the ability of cities to impose and collect municipal impact fees
from new developments at time of platting.
• Oppose legislation that would reduce a municipality's authority and discretion to approve the creation
of a special district within a city's incorporated area or ETJ, including but not limited to the expansion of
a district's boundaries or powers.
• Oppose legislation that would restrict cities' ability to adopt or amend zoning regulations or the
applicability of those regulations to existing projects, including but not limited to the creation of any
property rights or vesting in a zoning and use classification or any restrictions regarding downzoning.
• Support the preservation of municipal authority to reduce the effects of oil and gas development on city
residents or legislation that would enhance local regulations related to oil and gas operations.
• Oppose legislation that would erode local control or existing authority and regulations of gas well
operations as articulated in HB 40 (84th Legislature).
• Support legislation that would allow cities to enact ordinances regulating zoning and development free
from exception/exemption, including but not limited to imposing limitations on the availability of the
Freeze Law under Chapter 245 of the Texas Local Government Code.
• Oppose legislation that would restrict a municipal government's ability to regulate short-term lodging
rentals from online listing platforms.
Public Safety and Municipal Court
We will continue efforts to ensure the safety of our residents and administer efficient and effective
municipal court operations. To accomplish this goal, we will:
• Oppose legislation that would impose additional state fees or costs on municipal court convictions or
require municipal courts to collect fine revenue for the state; and support legislation that would provide
a more equitable distribution of court fines, resulting in a higher percentage of fines being kept local,
where the laws are enforced, the court is held, and the fines are collected.
• Support legislation that would require 100 percent reimbursement of costs incurred by cities for
services provided during emergency evacuation and shelter operations resulting from an emergency
evacuation ordered by the governor or the governor's Division of Emergency Management.
• Support legislation that would clarify regulations related to open carry in municipally owned facilities
that are contractually operated by non-profit or private entities or clarify where open carry is prohibited
in an office building where a municipally owned court or a correctional facility is located.
• Oppose legislation that would restrict a city's authority to determine the appropriate use of technology
in public safety, such as the use license plate readers by law enforcement agencies.
• Oppose legislation that would prohibit use of Association Business Leave by authorized public safety
Association members, as provided in existing meet and confer agreements.
i
Utilities
We will work to protect our ability to manage our utilities, rights-of-way, and publicly owned land and
maintain our authority to make decisions about how our utilities are governed, funded, and operated. To
accomplish this goal, we will:
• Oppose legislation that would deregulate municipally owned utilities (MOUs) or amend their
governance authority or structure.
• Support legislation that preserves the ability of MOUs to maintain a diversified energy portfolio.
• Oppose legislation that would extend electric subsidies provided by MOUs to four-year state
universities, upper level institutions, Texas state technical colleges, or other special groups.
• Oppose legislation that would restrict MOUs from building transmission infrastructure outside their
service area.
• Oppose legislation that would diminish a MOU's ability to maintain the reliability of the electric utility
system and protect the safety of employees by allowing wireless communication facilities and antennas
to be mounted on utility poles in a manner that disregards best engineering practices, safety codes, or
the judgement of electric utilities.
• Oppose legislation that provides any further exemptions to the drainage fee.
• Oppose legislation that would impose state "tap fees" or any other type of state charge on municipal
water systems.
• Support legislation that would raise the exemption amounts for public works projects in the Texas
Engineering Practices Act,
• Oppose any legislation that would limit or prohibit a city's ability to make and sell compost or mulch
products inside and outside of the city limits.
• Oppose legislation that would further erode the City's authority to be adequately compensated for any
use of its rights-of-way or that would further erode the City's authority over the management and
control of its rights-of-way.
• Oppose any legislation that would erode the City's authority to require utility companies to pay the costs
of relocating their facilities in a timely manner as required by current law.
Community Development and Human Services
We will work to encourage expansion of the support and human services to the Denton community,
including access to affordable housing, social support for addressing homelessness and mental health
issues, and education. To accomplish this goal, we will:
• Support legislation amending Section 11.1825 of the Tax Code by adding that community housing
development organizations (CHDOs) must receive an exemption from taxation from any affected
municipality prior to receiving a tax-exempt status from the local property appraisal district.
• Support legislation that would provide additional state funding for local and regional initiatives related
to reducing the number of homeless persons and those at risk of homelessness in our community.
• Support legislation that would provide state funding to assist local non-profits in providing adequate
and coordinated mental health services throughout Denton County.
• Support legislation that would provide funding for Early Childhood Programs, including full-day service
pre-kindergarten programs.
• Support legislation to increase transparency and clarify regulations related to the formation of public
facility corporations.
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Transportation
We will continue efforts to improve and enhance the mobility and transportation system throughout the
state, region, and within the City of Denton, including advocating for increased funding and pursuing
collaborative and innovative solutions. To accomplish this goal, we will:
• Seek introduction and passage of legislation to change the composition, powers, and responsibilities of
the Board of Directors for the Denton County Transportation Authority,
• Support legislation that allows regional infrastructure planning organizations to use alternative funding
mechanisms (public-private partnerships, tolled lanes, etc.) and to accelerate project delivery.
• Support legislation to identify additional transportation revenue to enhance statewide and regional
transportation infrastructure, or that would provide metropolitan areas with flexible solutions to solve
problems and ensure that areas contributing to transportation solutions will not be penalized with a loss
of traditional transportation funding.
• Support (egislation and funding for the 35Express, 35W, 35N to Red River, and Loop 288 projects.
• Support legislation that would index the motor fuels tax to reduce the decline in purchase power of
transportation funding.
• Support legislation that would provide state funding to support active transportation projects for
bicycles and pedestrians.
• Support legislation that would fund a new or improved driver license facility in Denton County and
enhance customer service provided by the Department of Public Safety for driver license services.
Partnerships
We will continue to support of local, regional, and state partners in meaningful ways that benefit the
Denton community. To accomplish this goal, we will:
• Support legislation that directly benefits UNT, TWU, and Denton ISD, if such proposals do not adversely
affect the City's interest.
• Oppose legislation that would further reduce funding to Denton ISD, if such proposals do not adversely
affect the City's interest.
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Produced by the City of Denton • ADA/EOE/ADEA
TDD: (800) 735-2989 • www.cityofdenton.com
EXHIBIT 4
DENTON COUNTY TRANSPORTATION
AUTHORITY BYLAWS
Adopied January 3, 2002
(rev. February 13, 2004, Ociober 26, 2006, Sepiember 27, 2007, December 17, 2009, November 17, 2011, Apri125,
2013, Sepiember 26, 2013, February 16, 2016, and Sepiember 22, 2016)
EXHIBIT 4
DENTON COUNTY TRANSPORTATION AUTHORITY
BYLAWS,
ARTICLE I
NAME
Section l. Name. The name of the authority shall be the Denton County Transportation
Authority ("Authority").
Section 2. Authorization. These Bylaws are adopted pursuant to authority granted in
Section 460.204(c)(2) of the Texas Transportation Code ("Code"). In the event of any conflict
between these Bylaws and the Code or other applicable laws of the State of Texas, such laws shall
be controlling. In the event any provision of these Bylaws shall be determined to be invalid, the
remainder of these Bylaws shall nevertheless remain in force and effect.
Section 3. Definitions.
(a) Alternate Member. Alternate Board Member shall mean a person appointed to
serve in the absence of the regular appointed member of the Board of Directors
representing such city.
(b) Board Member. Board Member means and includes appointed or elected members
of the Board of Directors, as well as alternate board members serving in the absence
of appointed board members.
(c) Capital Asset. Land, a fixture attached to land, or an item of personal property that
meets all of the following criteria: (1) the cost of acquisition or the cost of
improvement of such property exceeds $5,000; (2) the expected useful life of the
property when acquired is more than 1 year or the extension of the useful life of the
property as a result of the improvement is more than 1 year; (3) the property retains
its original shape and appearance with use; and (4) the property is nonexpendable
(meaning that if the property is damaged or some of its constituent parts are lost or
worn out, it is usually more economical to repair the property than to replace it with
an entirely new unit).
(d) Capital Expenditure. Expenditure made to acquire or improve one or more Capital
Assets and includes the acquisition and/or improvement of real property.
(e) Executive Committee. Executive Committee shall mean the committee appointed
by the DCTA Chair consisting of the Directors as set forth in Article III, Section 9
(c).
(f) Financial Participating Member. A Financial Participating Member shall mean a
municipality that has imposed the transit sales and use tax authorized by Chapter
460 of the Transportation Code or which has contracted with DCTA for financial
participation through tax increment payments as provided by Subchapter I, Chapter
Page 1
EXHIBIT 4
460 of the Transportation Code, and which is entitled to ha�e a Director on the
DCTA Board of Directors.
ARTICLE II
OFFICES
Section l. Principal Office. The principal office of the Authority shall be in Denton
County, Texas.
Section 2. Additional Offices. Authority also may have offices at such other places as the
Authority from time to time may determine or as the activities of Authority may require.
ARTICLE III
BOARD OF DIRECTORS
Section l. General Powers. The responsibility for the management operation and control
of the Authority and its properties is vested in the Board of Directors. [Section 460.401].
Section 2. Number and Composition. The Board of Directors is composed of:
(a) One member appointed by the governing body of each municipality with a
population of 17,000 or more that is located in the county;
(b) Three members appointed by the Commissioner's Court of Denton County, two of
whom must reside in the unincorporated area of the county; and
��," � Three members to be designated by the remaining municipalities with a population
of more than 500 but less than 17,000 located in the Denton County. These three
members will be selected according to provisions of the Code. [Section
460.054(c)] .
(d) One member annointed bv the �overnin� bodv of each municinalitv in the countv
with a t�ot�ulation of more than 500 but less than 17.000 that:
(i) desi�nates a t�ublic transt�ortation financin� area under Section
460.603:
(ii) enters into an a�reement with the Authoritv to nrovide nublic
transt�ortation services in the t�ublic financin� area under Subchat�ter
I Chapter 460: and
(iii) did not at�t�rove the desi�,nation of anv member desi�nated under
Section 2 (cl above.
Page 2
EXHIBIT 4
(e) Member appointed by the governing body of a municipality that was entitled to
appoint a member under Section 460.054 (b)(1) of the Code before the effective
date of an increase in the population threshold. (Section 460.2015) The Board of
Directors may increase the population threshold amounts stated in Section
460.054(b)(1) in increments up to 5,000 each year. A municipality that appointed
a member to the Board of Directors according to the provisions of Section
460.054(b)(1) of the Code prior to any increase in population threshold is
grandfathered and may continue to appoint a member to the Board of Directors.
(� Appointing entities may appoint a member to the Board of Directors and may also
provide for the appointment of one alternate to serve in the absence of the appointed
member. An Alternate Member may attend Board and committee meetings but
shall not vote on any matter before the Board or committee or participate in any
discussion in matters before the Board or a committee except when serving in place
of the regular Board of Directors member [Section 460.054(b)(1)]. Appointing
entities shall notify the Authority in writing of the appointment, reappointment,
resignation or removal of an Alternate Member.
Section 3. Eligibility.
(a) To be eligible for appointment to the Board of Directors, a person must� have
professional experience in the field of transportation, business, government,
engineering or law: and (iil reside: (Al within the territory of the Authority� or B
outside the territorv of the authoritv in a municibalitv that is located bartiv in the
territorv of the Authoritv. [Section 460.202].
(b) Three consecutive unexcused absences of a Director at a noticed Board of Directors
meeting or the death, resignation or inability to serve shall create a vacancy.
Section 4. Vacancy. A vacancy on the Board of Directors is filled in the same manner as
the original appointment to the Board of Directors. [Section 460.201(c)].
Section 5. Terms. The term of office for a member of the Board of Directors is two years.
A vacancy on the Board of Directors is filled in the same manner as the original appointment to
the Board of Directors to fill the unexpired portion of such term of office, except as provided by
Section 460.2015 of the Code for grandfathered municipalities.
Section 6. Meetings. The Board of Directors shall hold at least one regular meeting each
month. [Section 460.055(c)]. Special meetings of the Authority may be called by the Chair or
Vice-Chair as necessary. [Section 460204(b)].
Section 7. Quorum. Five members constitute a quorum for purpose of conducting
business. [Section 460205(a)].
Section 8. Notice. All meetings of the Authority and its committees shall be in compliance
with Texas Open Meetings Act. [Section 460.102(a)(1)].
Page 3
EXHIBIT 4
Section 9. Committees
(a) The Chair of the Board may appoint such committees as from time to time may be
deemed necessary and appropriate. The committee shall not have any power or
authority to act on behalf of the Denton County Transportation Authority. The
Chair will designate the chair of each committee, which will be comprised of at
least three Board of Directors members, and will serve as an ex officio member of
each committee.
(b) The committee shall report its discussions or recommendations, subsequent to its
meeting, to the next Board of Directors meeting. [Section 460.401].
(c) The Executive Committee shall consist of the four (4) officers of the Board of
Directors, and the Chair may appoint one additional eligible Director of the Board
of Directors to the Executive Committee. Notwithstanding the foregoing, no
member of the Board of Directors, who is an employee of the governmental unit
appointing such a person to the Board of Directors, may serve on the Executive
Committee.
Section 10. Voting.
(a) An action of the Board of Directors requires an affirmative vote of a majority of
the Directors, but not less than five (5) Directors present and voting, except for a
vote pursuant to paragraph (b) of this section. [Section 460.205(b)].
(b) An affirmative vote of the majority of the entire Board of Directors, including two-
thirds (2/3) vote of Directors representing Financial Participating Members is
required for:
(6)
��)
a capital expenditure;
operating or maintenance expenditure for a capital asset;
material change of the service plan;
amendment of the bylaws;
the approval of a comprehensive development agreement ("CDA")
or similar financial contractual obligation for a purpose not an
express commitment of the DCTA Service Plan;
the approval of a contract or other agreement between the DCTA
and a municipality or other governmental authority located within
the A-train Corridor for participation in DCTA; or
the formation of a local government corporation, contracting with,
joining or becoming a member or owner of a local government
corporation.
(c) Alternate Members. An alternate Board Member may only serve in the absence of
the regular board member. An alternate Board Member may vote in place of the
regular Board Member when the regular Board Member is absent.
Page 4
EXHIBIT 4
Section 11. Procedure of Meetings. Notice of all meetings and hearings of Authority shall
be given, and such meetings and hearings shall be held and conducted in accordance with the
following order: applicable law, these Bylaws, the Board of Directors Rules of Procedure and
Robert's Rules of Order, newly revised, to the extent not in conflict. The General Counsel of the
Authority shall serve as parliamentarian to the Authority.
Section 12. Conflicts of Interest. Members of the Board of Directors and officers are
subject to Chapter 171 Local Government Code. [Section 460203].
Section 13. Population Changes.
(a) At least annually but before any vote authorizing confirmation of the Authority or
imposition of a sales and use tax, the Authority shall determine if any municipality
located in the county that has not appointed a member to the Board of Directors as
provided by Section 460.054(b)(1) of the Code, has grown to a population of 17,000
or more.
(b) A determination of population growth to 17,000 or more will be documented by
"Annual Population Estimates" for municipalities located in Denton County
published by North Central Texas Council of Governments. The population of the
municipality submitted to the Authority for approval may be challenged by a
member of the Board of Directors.
(c) The Board of Directors may certify. (i) that a municipality has a current population
of 17,000 or more; and (ii) does not have a member appointed to the governing
body as provided by Section 460.054(b)(1). Subsequent to the certification vote, a
municipality so certified may forthwith appoint one member to the Board of
Directors as provided by the Code.
ARTICLE IV
OFFICERS
Section l. Election. The Board of Directors shall elect four (4) of its members to serve
as the Chair, Vice-Chair, Treasurer, and Secretary. [Section 460.055(a)]. The Chair or Vice Chair
shall be a Director representing a Financial Participating Member.
Section 2. Chair. The Chair shall preside at all regular and special meetings of the
Authority.
Section 3. Vice-Chair. The Vice-Chair shall preside at any meeting of the Authority on
the request of the Chair, or at which the Authority Chair is absent.
Section 4. Treasurer. The Treasurer shall worlc with the Chief Financial Officer in
preparing the budget and supervising the annual audit.
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EXHIBIT 4
Section 5. Secretary. The Secretary shall review the minutes of all Board proceedings,
malce any necessary revisions, and attest to the accuracy of the minutes.
Section 6. Term. The officers of the Authority shall be elected from among the members
of the Board of Directors and shall hold office for one (1) year. The term of office for each officer
shall be for a period of one year and shall run from January 1 through and including December 31
of the calendar year.
ARTICLE V
BUDGET AND FINANCE
Section l. F�scal Year. The Fiscal Year of the Authority shall end on September 30 of
each year.
Section 2. Annual Budget. The Authority shall prepare an Annual Budget. [Section
460.403].
Section 3. Audit. The Authority shall have an annual audit of the affairs of the Authority
prepared by an independent certified public accountant. Any deficiencies noted in the audit report
shall be addressed at a regular meeting of the Authority and addressed on the record [Section
460.402].
ARTICLE VI
RULES, POLICIES AND PROCEDURES
The Board of Directors is responsible for the management, operation, and control of the
authority and its properties. [Section 460.401].
ARTICLE VII
INDEMNIFICATION
The Denton County Transportation Authority shall indemnify any member of the Board of
Directors involved in any litigation including any civil, criminal or administrative action suit or
proceeding, for reason of such member's alleged negligence or misconduct in the performance of
his or her duties as a Board of Directors Member to the extent funds are lawfully available and
subject to any other limitations that exist by law against liability, and reasonable expenses,
including attorneys' fees, actually and necessarily incurred, except where it is adjudged that such
Board of Directors member acted with gross negligence or willful misconduct in the performance
of their duties.
ARTICLE VIII
AMENDMENT TO BYLAWS
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EXHIBIT 4
These Bylaws may be altered, amended or repealed, or new Bylaws may be adopted
pursuant to Article III, § 10(b) at any regular, properly posted meeting of the Authority, or any
properly posted special meeting of the Authority, at which a quorum is present; provided that prior
to consideration and vote by the Authority, any proposed revisions to the Bylaws may be reviewed
and commented on by the Board of Directors and shall be provided in writing to all Authority
Board of Directors members at least two weeks prior to action on the amendments.
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